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)

368 COMMUNISM IN MOTION PICTURE INDUSTRY embraced in the brief, which recited that we felt that this committee was unconsitutional and illegal. The Chairman. All riaht. Here is what I am driving at. What I would like to know is did you advise your clients, who are to be witnesses here, three of whom have already taken the stand and refused to answer questions Mr. Kenny. Mr. Thomas, I am sure Tlie Chairman. Did you advise your clients not to answer questions put to them by the committee or its chief investigator ? Mr. Kenny. You are not a lawyer, Mr. Thomas, and, as I think your counsel, or someone, would advise you, that would be highly inapj)ropriate. If there is one thing that is sacred in this country it is the matter of advice that a counsel gives.his clients. The Chairman. Oh, yes. Mr. Kenny. I am sure you didn't intend to invade that. The Chairman. I appreciate that. I am not a lawyer ; I admit that. Mr. Kenny. No. The Chairman. But I would like to know, as the chairman of a congressional committee, whether or not you, as the attorney for these witnesses, advised them not to answer questions put to them by this congressional committee or its chief investigator. Mr. Kenny. Mr. Thomas, I would be disgraced before every one of 100,000 lawyers in the United States if I answered that question. That is one thing that cannot be answ^ered. The Chairman. Have you got the statute there, Mr. Stripling? Mr. Stripling. Yes. The Chairman. I would like to read the statute, because if you did give them that advice you would be doing everything you possibly could to frustrate the congressional committee, and you would be in more serious trouble than some of your witnesses. Mr. Kenny. Well. Mr. Thomas, I am not here to be lectured by this committee. I do think that it is the highest impropriety to ask a lawyer what advice he gave his client. The Chairman. I would like to read this statute. Mr. Kenny. Oh, yes; surely. The Chairman. Tliis is Criminal Code section 37, Conspiring To Commit an Offense Against the United States : If two or more persons conspire either to commit any offense against the United States or to defraud the United States, in any manner, or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each of tlie parties to such conspiracy shall be fined not more than $10,000 or imprisoned not more than 2 years or both. Dated March 4, 1909. Now, then, you say that this Times article is not a correct reporting? Mr. Kenny. Yes, Mr. Thomas. I had told you that I cannot, of course, tell you what advice I have given my clients. That is obviously, without being dramatic about it, that would be an invasion of one of the most sacred rights — like the right between a person who confesses and one who receives the confession, or a doctor and patient. Those are all the most privileged communications that we haTe. The Chairman. No, no. I am asking you now about a statement you made to the news}:)aper, not about a statement made to your clients. Mr. Kenny. That is right. The Chairman. Now it hfis to do with a statement made to the newspapers. Did you make this statement to the newspaper^