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Supreme Court — Part 12

114 pages · May 11, 2026 · Broad topic: General · Topic: Supreme Court · 112 pages OCR'd
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— ~ee oa ieee einen i va meee ow t i ere —_ rr —_— "It will be interesting to see what the Su Cowt does with the case of | Bala convicted Communist Yeader, if it reaches it on appeal. Scales waa the Communist Party's leader in North Carolina and Tennad- eee and was arrested in Memphis by the FEI for violation of the Smith Act. He was convicted in 1055 aad gentenced to six years iinprisonment.: When the Supreme Court made tts gecurity-damaging Jencxs Case de- @ision, the ScaLes verdict was set aside. La Oe Taser = 8 att! be The JENCKS Geci ision, a OWiui oc re- dalled, requires that certain FBI files be made available to defendants. BcaLesS Was retried, some files were fhade available to him and again In Was eonvicted Last Friday he was entenced to alx years imprisonment, t gave notice of appeal and will re- main free on bond until there is fink! determination in the case. \& is one of the paradoxes of Federal law enforcement, especially that re- lated to internal security, that the Supreme Court would uphold the Smith Act which makes it a felony to teach or advocate violent overthrow of the Government and then follow that action with a series of decisions which give all the bresks to defendants tried tnder its provisions. That the Government obtained a conviction a second time and after Scates had taken advantage of the JENCKA decision testifies to the meticu- lous manner in which the FBI accumu- lated its evidence as well as to Scars’ | undenisble’ guilt. ROT RECORDED 126 AR 12 19s: ee A ST a | PEARCHED.. Mr. Holloman Mies Gaady____. THE COMMERCIAL APPEAL MEMPRIS, TENNESSEF DATE_2-24-58 ” iO MAR 3 1958 6: An ‘ ‘ ANDEXED BEX RIALIZED.. nmineed LED. tEB 24 1958 FBI - MEMPHIS
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