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Sen Joseph Joe Mccarthy — Part 19
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with the original Department investigation, --. the interrogatories.
‘proposed by the Board, the answers of the employees, and the: ‘
transcripts of thé hearings, constitute the -“loyalty files about,
which you have heard so much, and which the President has — _
Girected shall not be disclosed. The only exception to this order
. 1s the transcript of the hearing, a ecpy cf which on request, is
‘given to the employee, who may publish it or not as he desires. .
For instance, you can read the entire transoript’of the hearing in -
the case of John Service, He voluntarily produced it beforé the
Sub-Committee of the Senate Committee on Foreign Relations, and .
it is printed in full in the Appen@ix to the Hearings before the
Sub-Committee on S.Res, 231, U.S, Senate 8ist Congress, pp.’
1955-2509, ; to ET :
~~
Along with the prosecution, of course, comes ‘the defense. On
onsideration of the FBT reports the Board may, and commonly does,
fear the employee, In a large proportion of the cases, betause
‘pf the completeness of the reports, and the impartiality with which
“jthey report the favorable with the unfavorable, the triviality of
t {the derogatory information, or its lack of foundation or -:
““eredioility, becomes plainly apparent, and the Board 1s left
without a reasonable doubt, Quite frequently, however, thie point
is not arrived at until the Board, as above stated, has propounded
written interrogatories to the employee and has received his
ansvec, It is only in cases in which the Beard, either with‘or
without interrogatories, is left with a reasonabie doubt as to
loyalty or security risk that the ¢ase comes to a hearing. In
such cases the Board formally proposes removal action, which is
done by notice in writing to the employee, stating the charges in
factual detail, so far as security considerations permit. This
G@ives the employee a right to an administrative hearing, efter
due opportunity to prepare his case, at which’ hearing he may
appear personally, be represented by counsel of His sari choosing,
and present evidence in his own behalf, The "State's Case" is
not presented at the hearing, for it is already before the Board
in the confidential reports of the FBI, but for the further
protection of the employee, all informants who have given deroga-
tory information on: loyalty and who have not expressed an unwiji-
ingness to testify before the Board, are invited to attend and
subuit to cross-examination by the employee or hia counsel, -The
Board has no Bower to subpoena, and the attendances muat be
voluntary, and commonly without compensation for expenses.
If the result of the hearing is unfavorable to the employee,
he may appeal to the Secretary of State, or some person designated
by him to hear the appeal, and on the issue of loyalty, he has a
furthey appeal +7 the Loyalty Review Board, Every decision of the
Loyalty Security Board, with or without hearing, favorable or un-
favovable to the employee, goes to tha Loyalty Review Board-of the
Civil Service Commission for post-audit. This Board, originally
under Seth Richardson, is now headed by Ex-Senator Hiram Bingham of
Connecticut, another Republican, The Loyalty Review Board may
affirm the determination of the Loyalty Security Board, it may
remand the case to the Loyalty Security Board for. further proces-~
_8ing, such as interrogatories, or a hearing, or it may take the
Case into its own hands and hold a new hearing itself and either
affirn or reverse thé determination of the Loyalty-Secourity . Board.
Thns far the Review Board has remanded 17 out of 505 loyalty -
-_ cases of the State Department Loyalty-Security Board and has re-
tried ono case on its om™Redtant. ~ In this nace, it affirmed the << -
Lepavtment adjudication. Another case is now slated for hearing
before the Review Board, .« { “Sere €
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