COMMUNIST INFILTRATION IN THE NUCLEAR TEST BAN MOVEMENT MAY 13, 1960 U.S. SENATE, SUBCOMMITTEE TO INVESTIGATE THE ADMINISTRATION New York, N.Y. The subcommittee met, pursuant to call, at 2:25 p.m., in room 611-A, U.S. courthouse, Foley Square, New York, N.Y., Senator Thomas J. Dodd presiding. Also present: J. G. Sourwine, chief counsel, and Benjamin Mandel, director of research. Senator DODD. I will call the hearing formally to order. Mr. Sourwine, do you have something you wish to raise at this hearing? Mr. SOURWINE. Well, I will state, Mr. Chairman, that the committee has received information that an important member of the Communist Party, U.S.A., has been active in making arrangements for a mass meeting to be held at Madison Square Garden in New York City on Thursday, May 19. This matter is of concern to the subcommittee for several reasons. In the first place, the meeting is being publicized widely through various channels, including the Communist press, and is obviously intended to influence American nuclear policy. If the report which has come to us is true, that a member of the Communist Party, U.S.A., which is the American arm of Soviet policy, has a hand in the management of this meeting, that fact has an important bearing upon American security. In the second place, various individuals have been persuaded to take part in this meeting. Some are leading American citizens, and if the report which has come to us is true, these people should have an opportunity to explain after being apprised of the activity of this individual since they may have become innocently involved. In accordance with our Senate mandate, we have subpenaed the witness here today to attempt to learn what the facts are. As the Chair knows, this isn't the first time that there has been Communist activity in connection with public actions in the field of nuclear policy and we recall the hearings before this committee which established that a man with a long Communist record had actually managed the so-called Nobel Prize dinner at the Waldorf on January 8, 1958, which concentrated on the ban of American nuclear testing. That banquet, while managed by the Communists, was financed by a prominent American industrialist. Our witness today is Mr. Henry Abrams. He is accompanied by his counsel, Leonard Boudin. Senator DODD. Yes. I think it should be stated that the committee is interested from a legislative standpoint. Of course, we are interested at all times in determining whether or not there is need for remedial legislation with respect to our internal security in the United States, and the subcommittee, therefore, is interested—and this is the first purpose of holding this hearing. You may proceed, Mr. Sourwine. Mr. BOUDIN. Mr. Sourwine, as you know, I have a preliminary request to make. Before I do so may I, for future purposes, have the name of the reporter and reporting service? Senator DODD. Yes. The REPORTER. Norris F. Swetland of Ward & Paul, Washington, D.C. Mr. BOUDIN. I have an application for adjournment to make. The application is based upon the ill health of Mr. Abrams, a matter that has been the subject of a telegram of May 4, 1960, by me to the subcommittee; a letter dated May 11, 1960, by me to Senator Dodd; and a doctor's certificate dated May 12, 1960. I will now hand each of the three documents referred to to the chairman, to the committee counsel, request that they be examined, that they be made a part of the record; that is, physically incorporated in the transcript of the record which will be prepared by the reporter in the event the hearings are printed, at the opening of the hearings. Senator DODD. Let me see them. Mr. BOUDIN. I request the Chair give consideration now to our request for an adjournment. Senator DODD. Have you examined those, Mr. Sourwine? Mr. SOURWINE. I think, Mr. Chairman, with the Chair's permission we might place on the record the fact that Dr. Pellitteri of the New York Public Health Service is here by request of the committee. Senator DODD. Very well. Mr. SOURWINE. It would be well to let the record show who came with Mr. Abrams and his counsel. Mr. BOUDIN. Mrs. Abrams is here. Mr. Michael Standard of my office, also. Senator DODD. And Mr. Abrams and his counsel, Mr. Boudin. Mr. SOURWINE. I see no objection to putting these in the record, Mr. Chairman. I believe the chairman's response to the May 4 telegram should also go in the record. Senator DODD. Yes; I do too. I assume there is no objection to that, our answer to your telegram. Mr. BOUDIN. No objection. 1 (Mr. Boudin's telegram of May 4 to the subcommittee 1 and Chairman Dodd's reply follow :) NEW YORK, N.Y., May 4, 1960. INTERNAL SECURITY SUBCOMMITTEE, Our client Henry Abrams was served in New York City this afternoon with a subpena returnable tomorrow afternoon in Washington, D.C. This less than a day's notice makes it impossible for him to consult with counsel and to arrange his personal affairs. Such hasty arrangements are impossible in his case with heart disease and a history of coronary thrombosis and is already under the strains of a most critical operation this Monday upon his 13-month grandchild. We also call your attention to the fact that the subpena merely recites Senate resolutions in their totality without stating the precise subject matter of the investigation and that neither subpena fees nor traveling expenses between Washington and New York have been paid to our client. Since in the circumstances it is impossible for him to appear tomorrow, we request an adjournment until sometime next week and an advance committee statement of the legislative purpose and Senate matters of the investigation. LEONARD B. BOUDIN, Mr. LEONARD BOUDIN, Committee counsel has transmitted to me your request for continuance in appearance of client Henry H. Abrams, who has been subpenaed to appear before Internal Security Subcommittee tomorrow 1:30 p.m. Request is denied, and we shall expect Mr. Abrams to appear tomorrow. Since you are to be here tomorrow as counsel for other witnesses, it is clear Abrams is not being denied right to counsel. THOMAS J. DODD, U.S. Senator; Vice Chairman, Internal Security Subcommittee. Senator DODD. Regarding your letter of May 11 addressed to me; I don't think I have had an opportunity to answer it. (Following are Mr. Boudin's letter of May 11, to Senator Dodd and the Senator's reply :) Senator THOMAS J. DODD, Vice Chairman, Internal Security Subcommittee, RABINOWITZ & BOUDIN, New York, N.Y., May 11, 1960. DEAR SENATOR DODD: I want to confirm the fact that I requested of Mr. Sourwine an adjournment, indefinite preferably but at least a week or two, of the appearance of my client, Henry Abrams. The basis for this request, as indicated 1 From an alleged copy supplied by Mr. Boudin. The telegram actually received by the subcommittee via Western Union, slightly different in its wording, reads as follows: NEW YORK, N.Y., May 5, 1960. INTERNAL SECURITY SUBCOMMITTEE, Such Our client Henry Abrams was served in New York City this afternoon with a subpena returnable tomorrow afternoon in Washington, D.C.; this less than a day's notice, makes it impossible for him to consult with counsel and to arrange his personal affairs. hasty arrangements would have serious effects in his case because he has heart disease Including a history of coronary thrombosis and is already under the strain of a most critical operation on his 13 months' grandchild this coming Monday. We also call your attention to the fact that the subpena merely recites two Senate resolutions in their entirety without stating the precise subject matter of the investigation and that neither subpena fees nor traveling expenses between Washington and New York have been paid to our Since in the circumstances it is impossible for him to appear tomorrow we request an adjournment until late next week and an advance committee statement of the legislative purpose and subject matter of the investigation. client. LEONARD B. BOUDIN, Rabinowitz & Boudin, New York City. N.Y. to Mr. Sourwine by me, was the death of Mr. Abrams' grandchild on Monday. Mr. Abrams, as I further indicated, is suffering from heart disease having had two coronaries within the last 3 years and is not able, in the view of his physician, to withstand the tensions inherent in a congressional committee hearing of this kind. In response to Mr. Sourwine's inquiry, I stated that a doctor's certificate to this effect will be available if he wished it. I also wish to confirm the fact that Mr. Sourwine reported to me that you had rejected my request and that the hearing will be held this Friday in New York City. I have never quite understood what legislative purpose is to be gained by insisting that the inquiry be conducted prior to the May 19 meeting of the Sane Nuclear Committee at Madison Square Garden. However, the purpose of this letter is to set forth the facts so that the responsibility will be clearly fixed in the event of any adverse physical conditions resulting from the Friday appearance. I therefore request that this letter be made part of the record. Sincerely yours, LEONARD B. BOUDIN. MAY 17, 1960. Mr. LEONARD B. BOUDIN, DEAR MR. BOUDIN: With reference to your letter of May 11, so that you may have in your files a record with respect to the matter, let me say that, as you know, Mr. Sourwine was correct in reporting to you that I had rejected your renewed request for a continuance of the scheduled appearance of your client, Mr. Henry Abrams, in executive session before the Internal Security Subcommittee. Because we talked about this matter at the hearing in New York City last Friday, you know my views. You know also that we had a doctor from the New York City Department of Health in attendance at the hearing session, and that Mr. Abrams declined an opportunity to be examined in advance of the hearing. In any event, the hearing obviously was concluded without any adverse results on Mr. Abrams' health. As you requested in your letter of May 11, that letter, together with this reply, will be made a part of the hearing record. Sincerely, THOMAS J. DODD. Vice Chairman, Internal Security Subcommittee. (The statement of Dr. Sager, submitted by Mr. Boudin, reads as follows:) To Whom It May Concern: NEW YORK, N.Y., May 12, 1960. Mr. Henry Abrams, who has had severe coronary artery sclerosis and angina pectoris since 1956, following an attack of myocardial infarction, is at present under the most extreme emotional tension because of the death of his grandchild yesterday followed by his son developing acute glaucoma. As a prophylactic measure to avoid aggravation of his heart condition, I have recommended complete rest until the period of acute distress has passed. ROBERT V. SAGER, M.D. Mr. SOURWINE. I will also state for the record, Mr. Chairman, that Mr. Boudin called me about 9:30 last night at my home with a renewed request for an extension, that I was not able to convey the request to the chairman until this morning shortly after 9 o'clock, and after I had conveyed it to the chairman, the chairman denied the request. I conveyed that reply to Mr. Boudin. Mr. BOUDIN. That is correct. Senator DODD. Any questions you would like to ask before I rule on the request of counsel? Mr. SOURWINE. No questions. Mr. Chairman, I think the record should show something of the general activity that Mr. Abrams had been engaging in; however, I don't know how we are going to question him about that if he is not sworn as a witness. We have a doctor here if the Chair should feel it desirable to have any sort of physical examination to see if the witness is capable, physically, of testifying. Senator DODD. Well, I think it would be helpful to me anyway if I could get some information. Mr. Boudin, do you have the information? Mr. BOUDIN. I have given you the information. Senator DODD. Do you have any more that you can supply? Senator DODD. Would you like to testify about this? I will be glad to have you answer and be glad to swear you. Mr. BOUDIN. Testify on what subjects, sir? Senator DODD. In support of your motion for adjournment. Mr. BOUDIN. The doctor is a person on whom I must depend, I cannot substitute my medical knowledge, which is nonexistent, for the medical knowledge and conclusion of the physician who has examined Mr. Abrams. I have thought about this problem a great deal and discussed the matter at great length with Mr. Abrams and with the physician and with Mrs. Abrams and I have come to the conclusion that in the interest of Mr. Abrams' health and bearing in mind the circumstances set forth in my letter and my telegram and the doctor's certificate, that it would be most dangerous for the committee to compel Mr. Abrams to testify today. Senator DODD. Yes. Mr. BOUDIN. This is the view of the doctor and I must accept his judgment. Senator DODD. I am not expecting you to give any medical testimony. There are some facts that I think you may be able to supply to us. It has nothing to do with medical testimony. It is concerning this that I would like you to testify. We would like to find out Mr. BOUDIN. You would like for me to testify? Most unusual to ask a counsel to testify. Senator DODD. If you are willing to do it without formally testifying, it is all right with me, but there are some preliminary facts that I think should be ascertained. I will tell you what they are. For example, how long has your client been under the care of this physician? Mr. BOUDIN. He has been under the care for several years as Mr. Sourwine himself knew when I met him last. There have been coronaries as long ago as 3 years. I discussed it with Mr. Sourwine in Washington and he was the one who told me about the coronary 3 years ago. He wasn't aware of the more recent one. Mr. SOURWINE. If counsel is going to make statements for the record without testifying, I believe I should counter them at once if not wholly accurate. I was the first to mention the fact that Mr. Abrams had had, according to our information, a heart attack in 1956, which is 4 years. ago. 58474-60- -2 |