and convicted. When silence is mandaor wish to charge him with. This, incitory, it cannot be legally interpreted as dentally, is the reason for loyalty oaths. admission of guilt. Those who assume They prove no one's loyalty, of course, so are ignorant of their own rights.

If It Protects The Guilty, Too, Change It!

test.

but only put the signer in a position to be legally prosecuted for perjury which he was not in previously.

Senator McCarthy has announced that But most important is the following he is setting up a test case with which objection. The insistence upon limithe intends to force revision and limitaed power to question ignores the fact that tion of the Fifth Amendment which is a the burden of proof lies with the prosecu"subversive sanctuary" as it stands. The tion. The arresting officers must prove FBI and local police will undoubtedly beyond a doubt that you were guilty of give him all the encouragement and aid that act. It is preposterous to demand he needs. But the citizen would do well that you help them in this questionable to remember a few basic points before endeavor. They would destroy the idea surrendering this vital right without prothat the accused is innocent until proven guilty as they say, "We want the right To be accused of sexual deviation is to hammer away at him until he conto be guilty. The fact that one is brought fesses what we want him to confess." up for trial in the first place, is enough Legally they should say, "We'll submit to ruin a whole career, permanently evidence proving he's guilty no matter smear a reputation and cause mental what he claims in court." The Fifth anguish resulting in suicide. Even many Amendment forces authority to produce deviants themselves believe that nice proof. This alone makes it a keystone people simply are not questioned. They of our democratic rights. are not accused. Then when the nature of the charge is itself a condemnation, the defendant's privilege of silence is often his only defense in an atmosphere of lynching.

Those who demand unlimited power to question, invite a revealing answer from those they accuse: "Am I the only witness you have against me?" If not, the badgering to answer self-incriminating questions to which those who grill already have the answers, is merely a legal trick to make the witness perjure himself. In this case, he must keep silent because perjury is possibly all they can

one

Finally, it is interesting to note that when challenged about his curiously huge and oddly dispensed income, Senator McCarthy took advantage of none other than the privilege of silence and the refusal to answer questions. This is a tribute to the Fifth Amendment almost as great as his attack upon it.

Elizabeth Lalo

3 September 1953: The First Army today refused flatly to give up loyalty findings requested by Senator McCarthy in his current probe of communists in the armed forces. The Associated Press describes the senator as "dismayed".

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