That was a deportation proceeding. quite different from the instant proceeding. and the attempt was being made to deport this man on the ground that he was a Communist. The previous speaker did not read from the part of the decision which is as follows: There is no statute that makes it a crime to be a member of the Communist Party. but the very object of the investigation to which the appellant was subpenaed was to ascertain whether the aliens in question were members of or affiliated with the Communist Party and. therefore. subject to deportation under 8 U. S. C. 137. subdivisions (e) and (g) of which provide for the deportation of any aliens who are members of or affiliated with any organization. association. society. or group that believes in. advises. advocates. or teaches the overthrow by force or violence of the Government of the United States. We assume the appellees position to be that membership in the Communist Party by an alien comes within the ban of section 2385 of the New Criminal Code (18 U. S. C. 2385) and the deportation statute just cited. Then the court says if he indicated that he was a member or was affiliated with the Communist Party. he would be subject to deportation. Of course. if he answered the question: Are you a Communist? In those proceedings he would incriminate himself and he would have the absolute right to say. "If I answered such questions.
Keywords matched
deportation