◆ SpookStack

4-572 (Rev 7-18-63) ma y \ OPTIONAL FORM NO 10 5010-206 Marv 1967 EDITION GSA GEN REG NO 27 i] . { Lo UNITED S1ATES GOVERNMENT ' Memorandum ‘| TO The Director DATL \ A , FROM N P Callahan SUBJEC I The Conglessiona Pages pOvS9- E6762. Congressman Rarick, (D) Louisiana, stated "Abe Fortas has earned his role as Mr. Obscenity, based upon his ~ . extremist notions that the parents and society in general should have no powex or right to establish a pattern of morals or dignity as to what constitutes decent literature. I feel the testimony of ir. James J. Clancy on behalf of the executive board of Citizens for Decent Literature should clearly establish in the minds of every parent and believer in a decent society that Mr. Fortas is unfit to sit as the chief officer of the U. 8. Supreme Court." He inserted Mr. Clancy's statement in the Record. During this statement, Mr. Clancy , quotes from a documentary of the October 1968 term decisions prepared by the Citizens for Decent Literature, Inc., (CDC). Mr. Clancy made reference to Justice Fortas' appearance in Roth vs. U. S. as counsel for amicus curiae, Greenleaf Publshing Company urging the reversal of Roth's conviction on an obscenity charge for sending his materials through the mails. He stated "William Hamling was then doing business as-Greenleaf Publishing Company, the publisher of Rogue, a girlie magazine. The four-hour conversation referred to was between William Hamling (this time doing business as Corinth Publications, Inc., the publisher of ‘Sin Whisper. ’) and Homer Young, FBI Agent in charge of the Los Angeles Section on Obscenity and took place in Palm Springs, California, in February of 1965. (Homer E. Young is an Agent assigned to the Los Angeles office. ) Pages E6768-E6771. Congressman Rarick, (D) Louisiana, extended his remarks in opposition to the nomination of Abe Fortas as Chief Justice of the Supreme Court. He stated "Mr. Fortas has already spelled out his disbelief in the theory of separation of powers by his involvement with the executive bronch in affairs such as the ineffective leadership during the riots and looting in Washington, D. C., this spring. Now, ag if to compound the attack on the Constitution, the Attorney General of the United States— lesal arra of the executive branch—files face-saving briefs and meraos seeking to cefend Fortas for his repudiation of our country's basic laws. Perhaps the Senate Judiciary Committee should inquire of the Attorney Ceneral as to what roles Justic> Fortas has also usurped in directing the operations of the Justice Department. The answers micnt well explain that Department's inaction against communism and criminals v.hile the Attorney General directs his action against society testifying against capital punishment, for open housing before the Supreme Court, and his announced refusal to use wiretapping apparatus against organized crime although authorized expressly by Conzress. Who made these decisions ? Could Fortas’ counsel b2 the reason the Attorney General prejudees the law and Congress?" He included miscellaneous material with his remarks. Original filed in