MINORITY VIEWS OF FRANK FELLOWS MEMBER OF THE COMMITTEE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP58-00597A000100150087-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 15, 2016
• Document Release Date: May 6, 2004
• Sequence Number: 87
• Content Type: REPORT

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C
110use Of Representatives
of Frank `eUaws
dor u e-a
GoverrAsnt, some marked "top se
and other departments of
a from the files by
certain individuals. Several 'Muzda of these nts w
in Now Tart City In the office of V is publisher of a a asine
. t*. The publisher's neae was Jaffe. 1 author of the r p]:uti aar;
h this cosnittee -esaa Jurisdiction stated upon the fls r
of the House,* "The President authorized these arrests to made and
rorbidden by thy; Stare =: epartnent." lle> ri a de` t ,
Mouse. It provides for a Hugh investi. s-
tion of "all the circumatance witY respect to the disposition of the
charges of espionage and the pos st ssion of documents stolen from secret
Tee Mon, visas Jaffe, Larson and Roth, were indicted for
conspiracy to violate Sections 130,, 101, 234 and 235
United Stlteas Code.
Section 101 is a
Title 10 of
"Section 101 of Title 13 - Receiving stolen public
property. fever shall rrc ive, comma, or aid in
concealing, or shall eve or retain in his possession
with intent to convert to his earn use of in, ax
money, property $ reo or d., votes her, or vsluabl o thin what--
ever, of the moneys, goods, chattels, records, or
property of the United States, which has theretofore
be=ers w0essled, staler, or purloined by a other person,
mowing the s to have oeeen so esaale4, stolen, or
purloined, shall be t i ni l not more than 9,000: or Im-
prisoned not more thaz+ five years, or both; and such
Appvru i as a - o o after the convi 08 on
P68-00597A000100150087-2
 ft an
30 Ilia
Caine
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,OF i f1JNi T) ETA:%
was offered by the defendant and acoepted by t
the attorneys for the Department of
entered a plea of guilty to to indictment,, and a fine of
Justice, and ass imposed ' the Lo;art after a piea of ncUo contandere
dad by the
fitchooc, as
,,the C t W posed a fine Of $2-a-500
Bch was the figure sU&,;ested. & rested by Jafffe's own attorroY.
merit, in+ ludin, + 'i rula or duplicate originals
and r, copies of a swrot claatsifi.aationi 13 originals
or 'duplicate ariginals and 3 copies of a confidential
classification;
ority report
'sshington, D.C?, the
dW ?entaa found in his possession and seised included:
iO3 4,*. the filet of or twepared by, the Stater
acted at
- p epared by, ON I, including 7
of
-
,
dupitOate originals of a secret classift
W..~. .. _
tion, and 24 ori, _ra or d E.cate originals and 3
copies o .-V a conftdtat . ai classificationI
6 from the filet= of, or prepared oy,, D, inClsdir
secret original or duplicate original and 1 copy of a
secret c esiticaviefl end 2 copies of a confidential
classi ficatiora 3
9 from the filer: of, or prepared br, the War Department,
includes; 2 copieL of a cret classification and 3
ApprovedQ +gk%lgdsCi069A6 i 0 D-2
i asl i toaa , ). .
House if
..2-
In the case of 11LLr. both, the
report in part.
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Larson, when a
Division of
system wortl r of the
A man with a gold badge
a1d, wJ thou
document he wished. All
borroled.
original of a c
pared by, Oss
of State had no
a of that department.
ion, carry
d bed e, and this could
understand t i ccs itteo s point that
n convicting ltotsx, who is reforr d to in the report
d in .t i over the objection of men In
-?d so o the difficulties that
in pro
conspi ray;
n sections of the United States
The Co .,tte a report staates, 4' tffe had m of the 'items' in
possession at the t i of bid arrest, and it could be proved
, ha
a at best would only
facie case: a, .ne t these tom." A prima facie case
is a good place to start.
The majority report cites a
d rights of e. mar when ar te,d or wUle being placed under
zed seizure reap
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belonging
he defendants
fIles ;
anable to
the g
epertyy
of the United States*
overznt thought l t,
that the Court from the
between stolen or oontracd
the defendant himself.
9500 .fine-
or he}uld
presented it
tie had filed no *otion to sup
st the follow
Office in New York City'
"267 prepare
of a
duplicate or
iticati , and 5
and 14 copies of a el
50 prepared by
11 originals or
classification;
originals and
pies of a secret class-
sr duplicate originals
ial elassifieation.
dlioate
ficaion and
ginals of a confidential
I original or duplicate
#ication and 3 originaL
confidential claseificeti *'
ding 9 copies of a secret
.gig- rral or & plicate original and
l,asetfication;
rs were asisad in the Aser
partment, inciudix 2 copies
cation, 20 originals or
d propertY
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58 prepared L
classifik .:.t1
and 4 copies of a eonfid
Jaffe
through the
American
Nat'IfIr al
3 copies of a
or duplicate original
ial classification.
a'-,ed with the National. League of
ci , of Soviet Relations,
et 7riend3hjp,
American league for Dean and Damocracyj and American
Friends of. the Chinese people."
ap ?:i. ; and hlisKLn some of them, Ahr.re )y
0? his magazine
-.fid dretzent.
he contents of
a very existence. These
as the resul
oard containers on
tables and desks
n his business
shi a magazine. TM7 were not his
d claim these papers
in this v offi
had pre!
lveri . papers
certain documents foun.-14., in the
copies of official jmuma 'a of various departments
written in long hand
h or t; gwnri tten on Rothfs m. e"Une. it also
cated ~; the ma on ,, report, and heroin, supr,
aat one time handled a fey cf the documents found in the
possession of Jaffe at chs Vise of -aj.o ,arrest.
Jaffe either took these doo~umen rd self, or his contedsratea
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took them for him. And two of th,
d end so deai hated.
not have been of much value. The thieves thought they were,
The government agencies :o adjudged t her. And they facts shone that the
defendants could have i*d their choice of arv documents they tshed;
rto pr otec: ti on so
The Justice Department attar* recommended fines,, after w
in open court t ha
valve any element of disloyalty
his confederate walks into the
to whac4 I f 44 man or
t and caries away
top secrete of that department daring a greet ware I to a t
published their contents, and aelleit theta
would see anything in such conduct that zld
come offer the title of ?'loyaltor" to the United Stites
The report
First: I t
practice. The Statute nays not i. .
Second: That x"e , if arLy or the identifiable o eifteed documee
had any real ianportanicee in our national defense, Who is to be the
one of these documents in
tWenti a to the fact that one o,
said that possession of
of the government's
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these lx-same. is had alreacty been given
given publicity, and the pub1.icatt.ar+ of this one so aroused the
I at once to investigate
The majority report saes that many of the identifiable
of the possibility of the Court's t rta....nin the deferndanta's motion.
attacking the ^rarrants of a.> t. This statement does not impress
MUM (first)
ccnd) any one document pose s
iclent.
can acre
destroyed by reason
Y IG~b,~ Jpi ess,
has to be ua*: d Wt seches and eeixures of a
and effects are was= a :eit it luw not been pointed
out to me what was urtreatsona ie :.r the seizure of theme papers.
any event, Mr. Jaffe ant. his Cana e-I d 1d not see fits to take ail
steps to suppress this evidence a;6 the Department of Justice saw
fit to present its cast to tie and Jar , - presumably on this
evidence,
The cases state that ":
thout a grant is permitted,
;e connected with the cry>~e and found on the person
d, or
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C oztrt a Ovate
of stolen or forfeited goods,
d the payment thereof
search for and seei z re
ly dirferent: things
papers for
*in contained, or of u.ssin t her.
evidence ains t h1m. ( ijoyd v., 116 U.S. 616;
29 d. 746..
6 S. Ct,. 524)
t can egret with. the come
to the Deparzatat of Juat- ce.
heartUy c ire ur
report,
~.h myo L'res ur .he scud ii
do disagree with its judwnt. in estimating the strength of
the government's case age
wt~
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