The House Committee on Un-American Activities is a standing committee of the House of Representatives, constituted as such by the rules of the House, adopted pursuant to Article I, section 5, of the Constitution of the United States which authorizes the House to determine the rules of its proceedings.

RULES ADOPTED BY THE 90TH CONGRESS

House Resolution 7, January 10, 1967, as amended April 3, 1968, by House Resolution 1099

RESOLUTION

Resolved, That the Rules of the House of Representatives of the Eighty-ninth Congress, together with all applicable provisions of the Legislative Reorganization Act of 1946, as amended, be, and they are hereby, adopted as the Rules of the House of Representatives of the Ninetieth Congress *

RULE X

STANDING COMMITTEES

1. There shall be elected by the House, at the commencement of each Congress,

(s) Committee on Un-American Activities, to consist of nine Members.

RULE XI

POWERS AND DUTIES OF COMMITTEES

19. Committee on Un-American Activities.

(a) Un-American activities.

(b) The Committee on Un-American Activities, as a whole or by subcommittee, is authorized to make from time to time investigations of (1) the extent, charac ter, and objects of un-American propaganda activities in the United States, (2) the diffusion within the United States of subversive and un-American propaganda that is instigated from foreign countries or of a domestic origin and attacks the principle of the form of government as guaranteed by our Constitution, and (3) all other questions in relation thereto that would aid Congress in any necessary remedial legislation.

The Committee on Un-American Activities shall report to the House (or to the Clerk of the House if the House is not in session) the results of any such investigation, together with such recommendations as it deems advisable.

For the purpose of any such investigation, the Committee on Un-American Activities, or any subcommittee thereof, is authorized to sit and act at such times and places within the United States, whether or not the House is sitting, has recessed, or has adjourned, to hold such hearings, to require the attendance of such witnesses and the production of such books, papers, and documents, and to take such testimony, as it deems necessary. Subpenas may be issued under the signature of the chairman of the committee or any subcommittee, or by any member designated by any such chairman, and may be served by any person designated by any such chairman or member.

28. To assist the House in appraising the administration of the laws and in developing such amendments or related legislation as it may deem necessary. each standing committee of the House shall exercise continuous watchfulness of the execution by the administrative agencies concerned of any laws, the subject matter of which is within the jurisdiction of such committee; and, for that purpose, shall study all pertinent reports and data submitted to the House by the agencies in the executive branch of the Government.

IV

SUBVERSIVE INVOLVEMENT IN DISRUPTION OF 1968 DEMOCRATIC PARTY NATIONAL CONVENTION

Part 3

WEDNESDAY, DECEMBER 4, 1968

UNITED STATES HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE OF THE

COMMITTEE ON UN-AMERICAN ACTIVITIES,
Washington, D.C.

PUBLIC HEARINGS

The subcommittee of the Committee on Un-American Activities met, pursuant to recess, at 1:40 p.m., in Room 311, Cannon House Office Building, Washington, D.C., Hon. Richard H. Ichord (chairman of the subcommittee) presiding.

(Subcommittee members: Representatives Richard H. Ichord, of Missouri, chairman; John M. Ashbrook, of Ohio; and Albert W. Watson, of South Carolina.)

Subcommittee members present: Representatives Ichord, Ashbrook, and Watson.

Staff members present: Francis J. McNamara, director; Frank Conley, special counsel; Chester D. Smith, general counsel; Alfred M. Nittle, counsel; and Herbert Romerstein, investigator.

Mr. ICHORD. The committee will come to order, a quorum being present.

At the last meeting of the committee yesterday, the committee was recessed until 1:30 p.m. today. We had just concluded hearing the witness, Mr. Rennie Davis.

Mr. Counsel, a quorum being present, will you please call your next witness?

Mr. CONLEY. Mr. Chairman, we would call David Dellinger.

Mr. ICHORD. Mr. Dellinger, are you present?

Will you please come forward, sir?

Will the witness first please be sworn.

Mr. DELLINGER. I am sorry. I try to tell the truth on all occasions, so I don't swear.

Mr. ICHORD. Well, of course, it is the practice of the committee that all witnesses appearing before an investigative committee such as this, Mr. Dellinger, would be sworn.

Will you raise your right hand, sir? Do you solemnly

Mr. DELLINGER. I am sorry. I will assure you

Mr. ICHORD. Do you wish to affirm, sir?

Mr. DELLINGER. Yes, I will affirm.

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Mr. ICHORD. Do you solemnly affirm that the testimony you are about to give before this committee will be the truth, the whole truth, and nothing but the truth?

Mr. DELLINGER. I don't like formulas which imply that sometimes I don't tell the truth.

Mr. ICHORD. It is the understanding that the witness is affirming. This is a practice before the committee.

Mr. DELLINGER. Yes, without the ritual, I affirm.

Mr. ICHORD. The witness may be seated.

TESTIMONY OF DAVID DELLINGER, ACCOMPANIED BY COUNSEL, JEREMIAH S. GUTMAN

Mr. GUTMAN. First of all

Mr. ICHORD. Just a minute, Mr. Counsel.

First of all, I would ask that the counsel identify himself for the record.

Mr. GUTMAN. Jeremiah, J-e-r-e-m-i-a-h S. G-u-t-m-a-n, 363 Seventh Avenue, New York City.

Mr. ICHORD. Mr. Gutman, if you have something to say to the Chair, would you please come forward?

Mr. GUTMAN. Surely.

(Off the record.)

Mr. ICHORD. Mr. Counsel, the Chair has just received a message from Mr. Gutman relaying a request of Mr. Rubin to be permitted into the hearing room. The Chair will announce that he has been informed that Mr. Rubin is attired in a Santa Claus costume. It is not the purpose of the Chair to direct that Mr. Rubin attire himself in a certain manner or take other actions in regard to his body, but it is a responsibility of the Chair to maintain order in these hearings. The Chair has exercised its prerogative of excluding, and I have so instructed the police to exclude, Mr. Rubin from the hearing room because it is the determination of the Chair that such a dress could only add to the possibilities of disorder. And in view of the antics of Mr. Rubin during the past hearing, the Chair has no alternative except to exclude him. First of all, Mr. Counsel, before you begin the questioning of the witness, the Chair has been advised, Mr. Dellinger, that you have recently undergone an operation. The Chair has been advised by the director of the committee that your doctor has informed him that you would be able to testify. I know that the operation is a very recent event. Perhaps the witness will tire. I would like to ask the witness, Do you feel that you are physically able to testify at this time?

Mr. DELLINGER. Thank you very much, sir. Yes, I am anxious to tell the information and talk about the incidents in Chicago, and I expect to be I feel a little weak, but I expect to be able to proceed without problems.

Mr. ICHORD. Let me say this to the witness: that if you do tire, will you please so advise the Chair and we can declare a recess for you to rest somewhat.

Mr. DELLINGER. Thank you very much, sir.

Mr. ICHORD. Or if you feel that you are not able to go on, why, please advise the Chair of that. I know the operation has been very

recent.

1

Mr. DELLINGER. Thank you.

Mr. ICHORD. Mr. Counsel.

Mr. GUTMAN. Mr. Chairman, if I may. I want to revert to the Mr. ICHORD. Mr. Gutman, you know the role of an attorney before the committee. I have repeatedly advised counsel of the rules prevailing in this committe and, as far as that is concerned, that prevail in every legislative domain, and that is that the role of the attorney is to advise the client of his constitutional rights. I think it is readily apparent why different rules prevail here, rather than in a court proceeding, because the functions of the bodies are completely different. No one is on trial here and no one is sought to be punished.

I also appreciate the zeal of an attorney, as an attorney myself, in representing the interests of his clients, but the Chair has no other alternative except to enforce the rules and carry out the responsibility of the Chair in the way that he interprets. Perhaps we can work this out. I am not asking the attorney to testify, but I would insist on the rules.

(Off the record.)

Mr. ICHORD. Mr. Gutman, the attorney for Mr. Dellinger, has just approached the Chair and asked that the record show an objection on behalf of Mr. Rubin of the exclusion of Mr. Rubin from the hearing room and, also, that the record show a renewal of the motions and the objections which were previously filed on behalf of Mr. Dellinger with regard to his appearance here. The record will so show both requests. And, Mr. Gutman, before ruling on the request, I have already ruled on the request of Mr. Rubin in my announcement of the exclusion, but before ruling on the motions again, the renewal of the motions, Mr. Dellinger has not been indicted?

Mr. GUTMAN. No, sir, but we understand from an announcement made by the Federal grand jury in Chicago that within 2 weeks indictments are expected of a group of people who have been described as "the leaders of the demonstration.”

Since Mr. Dellinger regards himself and the country regards him as one of the leaders of the demonstration on behalf of Mobilization in Chicago during the affected time, we believe it reasonable to assume that there is a substantial likelihood that he may be indicted.

Mr. ICHORD. Then let the record show the Chair overrules the request for the reasons stated in the rulings on the motions when they were originally filed.

Proceed, Mr. Counsel.

Mr. CONLEY. Mr. Dellinger, would you please state your full name and address for the record?

Mr. DELLINGER. My name is David Dellinger. My office address is 5 Beekman Street, Manhattan, New York City.

Mr. CONLEY. Sir, do you have a home address?

Mr. DELLINGER. Í have a home, but since I have received a number of death threats and attacks, including receiving grenades and bombs in the mail, which only by what the Army demolition experts called a miracle did not kill my entire family, I prefer not to give my home address publicly.

Mr. CONLEY. Very well, Mr. Dellinger.

Mr. DELLINGER. For their safety and security.

Mr. CONLEY. Yes, sir, I appreciate that.

Is it fair to say that your home address is also New York City?