(b) The Department of Justice_ (c) Internal Revenue Service - 5. Securities and Exchange Commission......... 6. Albert Parvin and the Albert Parvin Foundation... (V) FIRST REPORT BY THE SPECIAL SUBCOMMITTEE ON H. RES. 920 I. AUTHORITY On April 21, 1970, the Committee on the Judiciary adopted a resolution to authorize the appointment of a Special Subcommittee on H. Res. 920, a resolution impeaching William O. Douglas, Associate Justice of the Supreme Court of the United States, of high crimes and misdemeanors in office. Pursuant to this resolution, the following members were appointed: Emanuel Celler (New York), Chairman; Byron G. Rogers (Colorado); Jack Brooks (Texas); William M. McCulloch (Ohio); and Edward Hutchinson (Michigan). The Special Subcommittee on H. Res. 920 is appointed and operates under the Rules of the House of Representatives. Rule XI,13 (f) empowers the Committee on the Judiciary to act on all proposed legislation, messages, petitions, memorials, or other matters relating to "*** Federal courts and judges." In the 91st Congress, Rule XI has been implemented by H. Res. 93, February 5, 1969. H. Res. 93 authorizes the Committee on the Judiciary, acting as a whole or by subcommittee, to conduct full and complete investigations and studies on the matters coming within its jurisdiction, specifically *** (4) relating to judicial proceedings and the administration of Federal courts and personnel thereof, including local courts in territories and possessions". H. Res. 93 empowers the Committee to issue subpenas, over the signature of the Chairman of the Committee or any Member of the Committee designated by him. Subpenas issued by the Committee may be served by any person designated by the Chairman or such designated Member. On April 28, 1970, the Special Subcommittee on H. Res. 920 held its organization meeting, appointed staff, and adopted procedures to be applied during the investigation. Although the power to issue subpenas is available, and the Subcommittee is prepared to use subpenas if necessary to carry out this investigation, thus far all potential witnesses have been cooperative and it has not been necessary to employ this investigatory tool. The Special Subcommittee operates under procedures established in paragraph 27, Rules of Committee Procedure, of Rule XI of the House of Representatives. These procedures will be followed until additional rules are adopted, which, on the basis of precedent in other impeachment proceedings, are determined by the Special Subcommittee to be appropriate. (1) II. THE INVESTIGATION 1. THE CHARGES On April 15, 1970, Representative Gerald R. Ford of Michigan, Minority Leader, addressed the House on the subject: "Conduct of Associate Justice Douglas." At the conclusion of his speech, Mr. Ford stated: I believe, on the basis of my own investigation and the facts I have set before you, that he is unfit and should be removed. I would vote to impeach him right now. . . I cannot see how, on the prima facie case I have made, it is possible to object to a prompt but thoroughgoing investigation of Mr. Justice Douglas' behavior. * * * The complete text of Mr. Ford's April 15, 1970, speech is set forth in Appendix A. During the course of Mr. Ford's address to the House, Representative Andrew Jacobs, Jr., of Indiana, introduced H. Res. 920. Under the Rules of the House, H. Res. 920 was referred to the Committee on the Judiciary. H. Res. 920 reads as follows: Resolved, That William O. Douglas, Associate Justice of the Supreme Court of the United States, be impeached of high crimes and misdemeanors and misbehavior in office. Although H. Res. 920 does not contain a statement of charges, it encompasses all of the charges made by Mr. Ford in his speech to the House. In this connection, Mr. Jacob's remarks to the House are as follows: Mr. JACOBS. Mr. Speaker, the gentleman from Michigan has stated publicly that he favors impeachment of Justice Douglas. He, therefore, has a duty to this House and this country to file a resolution of impeachment. Since he refuses to do so and since he raises grave questions, the answers to which I do not know, but every American is entitled to know, I introduce at this time the resolution of impeachment in order that a proper and dignified inquiry into this matter might be held. (Congressional Record, H-3120). The complete text of Mr. Ford's charges against Associate Justice William O. Douglas are contained in his speech, which may be found in Appendix A. In summary Mr. Ford made the following five charges: A. Ginzberg Appeals (i) In 1966, Justice Douglas dissented in a 5 to 4 decision that affirmed the conviction of Ralph Ginzberg, publisher of EROS. (ii) FACT, another Ginzberg publication, in 1964 published a libel against Senator Goldwater. On January 26, 1970, the Supreme Court, Justice Douglas and Black dissenting, affirmed the award of punitive damages against Ginzberg and FACT. In March 1969, Avant Garde, also published by Ginzberg and allegedly the successor to Fact, paid Justice Douglas $350 for an article entitled "Appeal of Folk Singing: A Landmark Opinion." |