◆ SpookStack

Memorandum to Mr. Gale ge; Carmine Tramunti, Et Al. In reversing the case, the Court specifically quotes some of the vrovisions of 42 (b), which, in brief, callg@ for notice of hearing ana that “the defendant is entitled to a trial by jury in any case in which an act of Congress so provides," and for the fixing of punishment upon a guilty verdict. Of particular pertinence to the Bureau's work, however, is the majority's launching into an implied "fear of reprisal" "doctrine. The Court's opinion observes that "What appears to Dé a braten refusal to cooperate with the grand jury may indeed be a case of frightened silence. refusal to answer may be due to fear - fear of reprisals on the witness or his family" - ~ - "We can imagine situations where the questions are so inconsequential to the grand: jury but the fear of reprisal so great that only nominal puniShment, if any, is indicated."' This inclination on the Court's part could well have an effect on a number of our more cnportant cases in the field of organized crime in which immunity is an ~SSue, primarily our case against Chicago "Commission" member, Sam Giancana;, our convictions of severai members of the Thomas Luchese ("'family" in New York, and, for that matter, our general theory of t prosecutive approach in which we are making vaiuable use of the immunity provisions in various statutes in our drive against organized crime. "ith regard to the Giancana casg, the Department has made a neeliminary observation, in light of this reversal, that, while Giancana’ contempt citation is a civil matter, on which the above-discussed decisit aoes uot touch, the Court may in the future return a ruling adverse to che Government because of the introduction of the "fear of reprisal" aoctrine. Concerning the convictions of Luchese's men in New York, whicl are scheduled for imminent review by the Supreme Court as a "package,! tug pepartment feels that in light of the Harris decision these coavictions may well be in jeopardy. ont O334.iVATIONS: The liberal element of the Supreme Court has struck anotner | 203 against law enforcement and the drive against organized crime. wa will, of course, push to have Harris tried before a jury for contempt newever, it is not known ‘how far the Supreme Court is going to carry Sac ‘fear of reprisal" doctrine which they dwelt on in the Harris case. yee appears that the Court might well be adopting a doctrine which will Vernmit La Cosa Nostra members and other raciiet figures to dety ths [are provisions in Federal statutes by cisiming fear of reprisa, -2.-