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en ne ee a a oe NY 100-81752 York on October 16, 1954, the Judge ruled that the testimony of government witness JOHN LAUYNER about hi 8 expulsion from the Communist Party remained a substantial question of law for the United States Supreme Court. The Government moved for & surrender date for the following week in order to give defendants an opportunity to petition the United States Supreme Court for certiorari, Judge DIMOCK ordered defencants continued on bail pending appeal and granted the defendants thirty days in which to file their appeal with the United States Supreme Court. On October 25, 1954. the Government moved wee lee oe ot weaw lal in the United States Court of Appeais, Second Cirscult for recall of the mandate on appeal which had been issued on October 15, 1954, and for re-issuance of that mandate forth- idth,with the clarification that the Court of Appeals found that the case involved no substantial question which Should be determined by the Supreme Court and which would justify the admission of appellants to bail pending the application for certiorari, The Government also moved for revomation of appellants bail and immediate remanding of appellants. On November 9, 1954, the Government's application was denied, Appellants filed a petition for certiorari in the United States Supreme Court on November 13, 1954, and the petition was denied on January 10, 1955, On January 10, 1955, United States District Judge IRVING R. KAUFMAN ordered revocation of bail and ordered warrants issued for all defendants except LOUIS WEINSTOCK, who was then on trial in a separate perjury proceeding in tne United States District Court, Washington, D.C. After Attorney HARRY SACHER had argued before United States District Judge KAUFMAN that it was not within the power of Judge KAUFMAN to order defendants remanded since no order had as yet been entered by the SrensGee eee Re ee ee Se wee Re Ses Eee ete She se -@- err