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4-572 (3- 29255) Office Memorandum ~ onrrep staves GOVERNMENT To : The Director mies an [Fa p} yRroM : J.P. Mohr SUBJECT: The Congressional Record _ tot gt i Pages 7056-7061, Senator Johnston, (D) South Carolina, spoke ‘ cerning th ewalbinw an th 4 nen ee eee Miasiig¢, €8 We-“S reme Court, in decision after decision, makes a shambles of } established, ingrained Iaw. So abusive has the Court become of the traditional 3 separation of powers structure in our Government that one of America's most eminent jurists, for years hailed as an outstanding liberal, has declared the \ Supreme Court is assuming the functions of a third legislative chamber, ° Mr. Jobnston went on to state 'Mr. President, let us take a look at what the B.preme Court has done in cases affecting criminal offenses, bearing In mind that FBI figures show that since 1950 crimes have increased nearly four times acs fast as the population. He listed the Mallory decision as an example. Mr. Johnston also commented on the Jencke case. He stated ‘In the Jencks case, the Supreme Court struck down in one decision what had long been the rule of law and practice in all our Federal courts, that the reports and notes of the investigative officers of the Federal Government were removed from the pillage and search of criminals in an effort to avoid and evade conviction for a crime. It gave the Communists a free rein to go through all the prosecutor's files and papers without first providing that the judge should have power to , separate the wheat from the chaff, the relevant from the irrelevant. The effectiveness of reports of detectives, police officers, and members of the FBI ’ has been placed at the mercy of all criminals so far as preliminary detection, arrest, and final conviction are concerned. Prosecution in many cases had to be dreopet. He requested to have printed in the Record part of a report made by rmer Senator Herbert R. O’Conor to the American Bar Association in England t July. Mr. Johnston pointed out that ‘In his report, Senator O'Conor included 15 cases decided by 1 the United States Supreme Court which ‘directly affect the oi-tsa ~#f ~— F142. &2 #42, rigat Of the United States of America to protect itself from Communiat subversion,’ (f—/d — Original filed in: NOT * gERDEDE 44 MAY 13 1958 INLTLALS OF ORISINAL ———- a —ree, In the original of a memorandum captioned and dated as above, the Congressional Record for } } was Teviewed and pertinent items were marked for the Director's attention. This form has been prepared in order that portions of a copy of the original memorandum may be clipped, mounted, and | 66 MA ree case or subject matter files. A