Communist infiltration of Hollywood motion-picture industry : hearing before the Committee on Un-American activities, House of Representatives, Eighty-second Congress, first session (1951)

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COMMUNISM IN MOTION-PICTURE INDUSTRY 407 Mr. Polonsky. I refuse to answer that question on the grounds previously stated. Mr. Wood. Mr. Polonsky, when you executed the form that was pre- sented to you, OSS Form 2205, containing; the statement that you did not and never had belonged to an organization that advocated the overthrow of this Government, on the day you executed this form did you hold membership then in the Communist Party ? Mr. Polonsky. I refuse to answer that question, sir, on the grounds previously stated. Mr. Wood. Did you know that, under the laws of the United States, any offense you may have committed at that time, saving that in- volving capital punishment, has been barred by the statute of limita- tions ? Mr. Polonsky. I don't know about that. Mr. Wood. If your counsel was to advise you that any offense you may have committed, if you did commit any, at the time you signed this form, OSS Form 2205, has been barred by the statute of limita- tions long since, so that you could not now be prosecuted at all, would you answer the question ? Mr. Polonsky (after consulting his counsel). I am going to stand on my previous answer to that, sir, on the grounds previously stated. Mr. Wood. Very well. Any further questions, gentlemen ? Mr. Walter. In other words, as I understand it, you refuse to answer that question because of the protection you feel you have coming from the fifth amendment to the Constitution? Mr. Polonsky. What question, sir ? Mr. Walter. The last question. Mr. Polonsky. Will you repeat the last question ? Mr. Walter. The question was whether you would refuse to answer if you knew the statute of limitations had run. Mr. Polonsky. I don't understand. Excuse me. [After con- sulting with his counsel.] Which specific question is it you are asking me ? Mr. Walter. Mr. Wood asked you the question whether or not you would decline to answer if you were advised you could not be prose- cuted for perjury because the statute of limitations had run. Mr. Polonsky. The question was would I decline to answer if cer- tain things went on. Could you put a specific question ? Mr. Walter. You have declined to answer questions this morning on grounds of the fifth amendment. Mr. Polonsky. Certain questions; yes. Mr. Walters. Didn't you know the fifth amendment relates only to criminal proceedings? This is not a criminal proceeding. Mr. Polonsky (after consulting with his counsel). I am informed that the fifth amendment applies to legislative proceedings, and that there have been decisions on this in the last 15 months; and, as I understand, the fifth amendment was mainly for such proceedings. Mr. Walter. No. It relates to criminal proceedings. Mr. Polonsky. It has been expanded to protect the political rights of Americans. It has to be as wide as possible. And I think this committee is trying to make everybody feel or believe the way they sincerely feel or believe, and is not granting the right to other per- sons to feel or believe the way they feel or believe.