Hearings regarding the communist infiltration of the motion picture industry. Hearings before the Committee on Un-American Activities, House of Representatives, Eightieth Congress, first session. Public law 601 (section 121, subsection Q (1947)

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COMMUNISM IN MOTION PICTURE INDUSTRY 367 Mr. McDo^vELL. I object to that statement. The Chaibman. Excuse the witness. No more questions. Typical Communist line. Mr. Stripling. Just a moment, Mr. Chairman. Before the witness leaves the stand I would like for his counsel, Mr. Kenny, to take the stand for a moment. The Chairman, No. I want this witness to leave the stand, and then Mr. Kenny will take the stand. Mr. Maltz. Let's ^o on with the rigged record. (Witness excused.) The Chairman. Mr. Kenny, will you please take the stand ? Raise your right hand, please. Mr. Stripling. Your right hand. The Chairman. Your right hand. Mr. Crum. He cannot raise his right hand. The Chairman. He cannot? Mr. Crum. No ; he is crippled. The Chairman. Do you solemnly swear that the testimony you are about to give is the truth, the whole truth, and nothing but the truth ? Mr. Kenny. I do. The Chairman. Sit down, please. TESTIMONY OF ROBERT W. KENNY The Chairman. Mr. Kenny, the reason for calling you to the stand this afternoon is a newspaper article which appeared in this afternoon's Times-Herald. Mr. Kenny. Yes ; I saw that too. The Chairman. I would just like to read it to you so that you are sure you know what I am referring to : Counsel for 19 "defense witnesses" in the House Reds-in-filmland investigation said today he would advise all his clients to invite prosecution by refusing to say whether they are Communists. * * * Hollywood attorney Robert W. Kenny said he would also advise the other 18 "to walk the plank." Mr. Kenny, is that a correct quotation ? Mr. Kenny. Well, Mr. Thomas, you put me in a doubly embarrassing position. As a former newspaperman I have always made it a practice never to disavow anything that is ever printed in a newspaper. The other problem, of course, is the relationship between attorney and client and that is also a privileged situation. I may say, however, that what I have said — and words are poor conveyors of meaning — is that the brief that I submitted to you and the other members of the committee has also been read by my clients and that I hoped that they would follow the law that is set out in that brief. Now, if you recall the brief The Chairman. I recall the brief. What I want to know is, first, is that a correct quotation ? jNIr. Kenny. Well, I will have to say that it is not quite correct. The Chairivian. Not quite correct ? Mr. Kenny. But I have also said that what a witness does in his relation with this committee is a matter between the committee and the witness. The best that we lawyers can do is to give the client the best constitutional advice that we can. And that is exactly what I