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Supreme Court — Part 23
Page 30
30 / 55
ere aie
i Tar iors
The "Senate Tudictery Committee
Jost little time in approving a bill
to “clarify” compliance with the Su-
preme Court decision in the Jencks
case, In this decision the court ruled
that. the government must make
available to defendants in criminal
cases secret FBI reports which fur-
nish the basis of testimony or dismiss
the charges. |
Immediately the Justice Depart
_ment and the FRI expressed objec-
tions. The bill spproved ,by the Sen-
ate Judiciary Committee’ would limit
disclosure to reports and statements
relevant to testimony previously Biv-
en by government witnesses; would
require the court to review the docu-
ments and remove irrelevant That-
ters before giving the report to the
defendant; would limit the. reports
and statements given the defendant to
those signed or approved by the wit-
ness; and would then give the court
the discretion of striking out the testi-
mony or declaring « mistrial in the
event the goyernment declines to give
the defendant the statement or report
asked for. =<"
‘The ,bifl as recommended does
, SOTe“than “clarity.” It enables the
2 el.
~ tae amen
FBI Records Bill Interferes With Basic Right =
government “te evade compliance with
the Supreme Court decision by ‘per-
mitting the court te continue with the
case by striking dut the testimony in-
volved instead ‘of requiring, ag has
been ordered by the decision, the dis~
missal of the case, And it makes am-
ple provision for secret testimony te
be withheld. 4
The Supreme Court's decision in .
the Jencks case is in strict confprmi- ° |
ty to the Sixth Amendment, which ing. :
cludes among the rights of an accused ©
person in criminal prosecutions the
tight “to be confronted with the wit-
nesses against him, ., ." This is a
basic right and ought to be zeglously -
defended, as the court did in its deci--
sion. No agency of government, in.-
cluding the FBI, ought to be privi-~
leged to deny to the accused the re~
ports which furnish the basis of the |
testimony ‘against him, whether sign .
ed by the witness of not signed. .
Both Justice Clark in his dissent
O
Mr. Holloman.
Miss Gandy.
Morning Herald
Durham, We Ce
7-12-57
Steed Rollins,
Editor
and Attorney General Brownell in RE; SUPREME COURT
eS
testimony before the Senate Judictary |
Committee seem to have exaggerated | ;
the implications of the majority
cision. Compliance should present
real problem to law enforcement. it |
does interfere with the building up of |
any company of secret, informers, The -
‘ nation ean well do witheut that group,
. NOT we
. WL AUG 231957
The Senate should reject the bill
which interferes with and restricts
unduly the accused fersons.
arr Se
gf
QREKE oe
ee ee ee
.
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