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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1486 COMMUNISM IN MOTION-PICTURE INDUSTRY answer that question, to attempt to explain why I feel an answer to a prior question might tend to incriminate me, might in itself incrimi- nate me. Therefore I must decline to answer on the same grounds. Mr. Walter. You surely must have had a reason for declining to answer. Mr. Gordon. Have you asked a question, sir ? Mr. Walter. Yes. You had a reason, didn't you, for declining to answer the question? Mr. Gordon. I have declined to answer the question in the first in- stance, and it seems to me that rephrasing this is simply an attempt to shake my position, which I do not wish to have shaken. I will stand on the privilege, sir. Mr. Walter. I am not attempting to do anything of the sort. I am just wondering whether or not you aren't arbitrarily hiding behind the section of the Constitution of the United States that does not appear in the constitution of Russia or any of the iron-curtain countries. I would like to know why you decline to answer. Mr. Gordon. I would like to take issue with your statement that I am hiding something, sir. That implies a criticism and attack not only on the fifth amendment of the Constitution, it seems to me, but on the citizen who invokes it. I believe that this provision was placed in the Constitution not simply as campaign oratory but to be used and to be used in just such a situation as this. Mr. Walter. To be used, yes; that's correct. Mr. WiRm. May I address the chairman of the committee in this connection, in connection with this matter? Mr. Walter. I haven't yielded. I am in the middle of interrogating the witness, you see. Mr. Wirin. Would you yield so that I may ask the chairman a ques- tion, sir? Mr. Wood. Counsel's prerogative in this committee is to advise his client. Mr. Wirin. I understand. But you have ruled that he doesn't have to explain about the fifth amendment. Mr. Wood. And I don't want to have any argument about my ruling. Mr. Walter. He has been advised, of course. It is quite obvious. Mr. Wirin. I have done the best that I could; yes. Mr. Walter. You have done well. I would like to know what is in your mind. You have declined to answer the question as to whether or not you knew somebody on the ground that to admit that you knew this man might subject you to a prosecution. Mr. Wirin. Would you yield to me, Mr. Congressman, for a moment ? Mr. Wood. I will have to ask you to retire from the hearing room unless you remain quiet. You can advise your client any time you desire, and that's as far as your rights go here. Mr. Wirin. May I do so now ? (The witness consulted with his counsel.) Mr. Gordon. I am sorry, Mr. Walter.