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TO BE AN ASSOCIATE JUSTICE OF 497

THE SUPREME COURT

348

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NOMINATION OF ROBERT H. JACKSON TO
BE AN ASSOCIATE JUSTICE OF THE
SUPREME COURT

60020

JUNE 21, 23, 27, AND 30, 1941

Printed for the use of the Committee on the Judiciary

UNITED STATES
GOVERNMENT PRINTING OFFICE

WASHINGTON: 1941

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1941

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NOMINATION OF ROBERT H. JACKSON TO BE AN ASSOCIATE JUSTICE OF THE SUPREME COURT

SATURDAY, JUNE 21, 1941

UNITED STATES SENATE,

SUBCOMMITTEE OF THE COMMITTEE on the JUDICIARY,

Washington, D. C. The subcommittee met, pursuant to call, at 10:35 a. m., in the committee room, Capitol, Senator Joseph C. O'Mahoney, presiding. Present: Senators O'Mahoney (presiding), and Hughes. Also present:. Senators Norris and Danaher.

Senator O'MAHONEY. The committee on the nomination of Robert H. Jackson, to be Associate Justice of the Supreme Court, will be in order.

Mr. Wallach, I understand you are the first witness. come forward and proceed with your statement?

Will you

STATEMENT OF MAXWELL M. WALLACH, DETROIT, MICH.

Mr. WALLACH. My name is Maxwell M. Wallach. I practice law in the city of Detroit, Mich., and am the father of Albert M. Wallach, deceased, formerly an officer of the United States Army Reserve, who was killed in Spain by a Communist from this country at a camp known as Castillo de Fels.

I want to say that I sent notice to this committee that I would appear in protest to the confirmation of Attorney General Jackson, and that I likewise sent a notice to the Attorney General notifying him that I had done so.

I am going back first to the time when Mr. Jackson took office as Attorney General, when, within a few days thereafter, he issued a public statement stating his reasons for causing the dismissal of indictments that had been presented by the Federal grand jury in Detroit, and also for ending the Federal grand jury investigation in New York, into the activities of the Communists in recruiting American boys for service in Spain.

In that public statement Mr. Jackson stated that since no public injury was done it would serve no purpose to have these prosecutions and investigations go on.

Senator O'MAHONEY. Do you have a copy of that statement?

Mr. WALLACH. Yes.

I offer in evidence the statement released

Senator O'MAHONEY (interposing). Let me see it first, please. (Statement handed to Senator O'Mahoney.)

Senator O'MAHONEY. What evidence do you have that that was a statement issued by the Department of Justice?

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