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Supreme Court — Part 27
Page 79
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“axaunder the law;” in a totalitarian with a full set of the opperent’s |_
state “the police are the law.” plays.” But when you go into acourt- ~ “>
Mr. Williams emphasized that as room to defend a man whose life or
ong as it is a crime under a federal freedom rather than his bankroll is, |
tatute to tap wires, he would oppose in jeopardy, he pointed out, none of 7 _
he tapping of wires by the F.B.I. the above weapons are available to, :
‘Lawless law enforcement breeds an- you. You go in “flying blind.” i
rchy. Crime is contagious.” | Mr. Williams expressed whole-
Softening a little, he indicated that [hearted agreement with the Nelson
he might favor a modification of the decision, asserting that it would be a
amy law to permit the F.B.I. to tap wires grievous error to have 48 standards
fin certain specific types of cases after Jof sedition” in this country.’ “There
the procurement of a court order upon ‘should be one standard of American-
good cause shown. But the F.B.I. has ism,” he stressed, “not 48.”
never gone before Congress and asked. The noted attorney lamented that
for a change in the law. This may be, levery time there is a movement in the
She explained, because it would be direction of the extension of human
macmbarrassed, for its hands are not [freedom, especially a movement in the
clean. But it is more likely, he said, fourts, there is an immediate reaction.
that the F.B.I. is more satisfied with Legislation was introduced into Con- |
things the way they are and doesn’t gress for the purpose of overturning
want to be bothered with going to the Benanti, Jencks, Nelson, Mallory,
court and showing good cause when it and other decisions, almost immedi-
wishes to tap wires. ately after they were announced, he
Mr. Williams expressed confidence observed with dismay. The Senate
that the Supreme Court would over- Judic’ary Committee has a habit of
¥turn a 20-year-old decision and rule, “rushing forward” with this type of
in a case of his now before the Court, reactionary legislation.
that the use of detectaphones and Mr. Williams produced and quoted
other types of modern mechanical from a document which he said was
.| eavesdropping equipment is unconsti- disseminated in June and July of this
tutional. It is irrational to believe, he year by the Senate Judiciary Commit-
stated, that the framers of the Con- tee and which, in effect, labeled the
stitution intended that a man’s writ- Supreme Court a “tool of the Com-
# ten papers and documents should be munist party.” This was the “most
* secure against illegal search and sei-\seandalous report ever put out by an_
zure, but that his most private con-Jarm of the United States govern-.
versations in his private home should |ment,” he declared, and it was paid
be entitied to no such protection. for with the taxpayer’s money. The
Vigorously defending the Jencks embarrassment of some of the mem-
decision, Mr, Williams stated that he |bers of the Committee soon forced its
learned years ago, representing im ‘recall, he continued, and it is no longer . ~
Mea curance companies, that when de- available.
fending a corporate bankroll in a The most shocking thing about the
civil case, a lawyer has the opportu- |whole business, Mr. Williams de-
nity to take the plaintiff's deposition, |clared, was the fact that the document
question him about his case, force him Jmet with “apathy and indifference”
to preduce germane papers and docu- |from not only the public but from the
ments, etc., so that when the lawyer [Bar. For the latter there was no ex-
enters court he is “like a quarterback cuse, he asserted. — Binder
a =
Edward Bennett Williams
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