Speech #820214121

I pointed out that the special inquiry officer provided for under section 242 (b) of S. 2550 conducts the proceedings. administers oaths. presents and receives evidence. examines and crossexamines witnesses. and thus has some prosecuting functions. While it is said that he shall not be an investigator in the particular case upon which he passes. nevertheless he may be an investigator in other cases. Senators will remember the socalled Sung case in which the Supreme Court declared to be Improper the practice of the Immigration and Naturalization Service. where the hearing officer. while not investigating the case in question. was an investigator in other cases. The case thus ruled on a situation which would be permitted under S. 2550. in which inquiry officer A would investigate alien X and inquiry officer B would investigate alien Y. and then they would simply swap functions when they came to serve as judicial officers. The Supreme Court. speaking through Mr.