The Volokh Conspiracy - Senator Kennedy Blows His CAP:

I thought the Kennedy-Alito exchange on CAP sounded familiar:

Senator MCCARTHY. Not exactly, Mr. Chairman, but in view of Mr. Welch's request that the information be given once we know of anyone who might be performing any work for the Communist Party, I think we should tell him that he has in his law firm a young man named Fisher whom he recommended, incidentally, to do work on this committee, who has been for a number of years a member of an organization which was named, oh, years and years ago, as the legal bulwark of the Communist Party, an organization which always swings to the defense of anyone who dares to expose Communists. I certainly assume that Mr. Welch did not know of this young man at the time he recommended him as the assistant counsel for this committee, but he has such terror and such a great desire to know where anyone is located who may be serving the Communist cause, Mr. Welch, that I thought we should just call to your attention the fact that your Mr. Fisher, who is still in your law firm today, whom you asked to have down here looking over the secret and classified material, is a member of an organization, not named by me but named by various committees, named by the Attorney General, as I recall, and I think I quote this verbatim, as "the legal bulwark of the Communist Party." He belonged to that for a sizable number of years, according to his own admission, and he belonged to it long after it had been exposed as the legal arm of the Communist Party.

Knowing that, Mr. Welch, I just felt that I had a duty to respond to your urgent request that before sundown, when we know of anyone serving the Communist cause, we let the agency know. We are now letting you know that your man did belong to this organization for, either 3 or 4 years, belonged to it long after he was out of law school.

I don't think you can find anyplace, anywhere, an organization which has done more to defend Communists—I am again quoting the report—to defend Communists, to defend espionage agents, and to aid the Communist cause, than the man whom you originally wanted down here at your right hand instead of Mr. St. Clair.

***

Mr. WELCH. Senator McCarthy, I did not know—Senator, sometimes you say "May I have your attention?"

Senator MCCARTHY. I am listening to you. I can listen with one ear.

Mr. WELCH. This time I want you to listen with both.

Senator MCCARTHY. Yes.

Mr. WELCH. Senator McCarthy, I think until this moment—

Senator MCCARTHY. Jim, will you get the news story to the effect that this man belonged to this Communist-front organization? Will you get the citations showing that this was the legal arm of the Communist Party, and the length of time that he belonged, and the fact that he was recommended by Mr. Welch? I think that should be in the record.

Mr. WELCH. You won't need anything in the record when I have finished telling you this.

Until this moment, Senator, I think I never really gauged your cruelty or your recklessness. Fred Fisher is a young man who went to the Harvard Law School and came into my firm and is starting what looks to be a brilliant career with us.

When I decided to work for this committee I asked Jim St. Clair, who sits on my right, to be my first assistant. I said to Jim, "Pick somebody in the firm who works under you that you would like." He chose Fred Fisher and they came down on an afternoon plane. That night, when he had taken a little stab at trying to see what the case was about, Fred Fisher and Jim St. Clair and I went to dinner together. I then said to these two young men, "Boys, I don't know anything about you except I have always liked you, but if there is anything funny in the life of either one of you that would hurt anybody in this case you speak up quick."

Fred Fisher said, "Mr. Welch, when I was in law school and for a period of months after, I belonged to the Lawyers Guild," as you have suggested, Senator. He went on to say, "I am secretary of the Young Republicans League in Newton with the son of Massachusetts' Governor, and I have the respect and admiration of the 25 lawyers or so in Hale & Dorr."

I said, "Fred, I just don't think I am going to ask you to work on the case. If I do, one of these days that will come out and go over national television and it will just hurt like the dickens."

So, Senator, I asked him to go back to Boston.

Little did I dream you could be so reckless and cruel as to do an injury to that lad. It is true he is still with Hale & Dorr. It is true that he will continue to be with Hale & Dorr. It is, I regret to say, equally true that I fear he shall always bear a scar needlessly inflicted by you. If it were in my power to forgive you for your reckless cruelty, I will do so. I like to think I am a gentleman, but your forgiveness will have to come from someone other than me.

***

Mr. WELCH. I meant to do you no personal injury, and if I did, beg your pardon.

Let us not assassinate this lad further, Senator. You have done enough. Have you no sense of decency sir, at long last? Have you left no sense of decency?

Senator MCCARTHY. I know this hurts you, Mr. Welch. But I may say, Mr. Chairman, on a point of personal privilege, and I would like to finish it—

Mr. WELCH. Senator, I think it hurts you, too, sir.

Update:

I inadvertently cut-off the initial quote and have updated the post to add the final exchange to the blockquote.

	[Todd Zywicki, January 11, 2006 at 3:18pm] Trackbacks Senator Kennedy Blows His CAP: I thought the Kennedy-Alito exchange on CAP sounded familiar: Senator MCCARTHY. Not exactly, Mr. Chairman, but in view of Mr. Welch's request that the information be given once we know of anyone who might be performing any work for the Communist Party, I think we should tell him that he has in his law firm a young man named Fisher whom he recommended, incidentally, to do work on this committee, who has been for a number of years a member of an organization which was named, oh, years and years ago, as the legal bulwark of the Communist Party, an organization which always swings to the defense of anyone who dares to expose Communists. I certainly assume that Mr. Welch did not know of this young man at the time he recommended him as the assistant counsel for this committee, but he has such terror and such a great desire to know where anyone is located who may be serving the Communist cause, Mr. Welch, that I thought we should just call to your attention the fact that your Mr. Fisher, who is still in your law firm today, whom you asked to have down here looking over the secret and classified material, is a member of an organization, not named by me but named by various committees, named by the Attorney General, as I recall, and I think I quote this verbatim, as "the legal bulwark of the Communist Party." He belonged to that for a sizable number of years, according to his own admission, and he belonged to it long after it had been exposed as the legal arm of the Communist Party. Knowing that, Mr. Welch, I just felt that I had a duty to respond to your urgent request that before sundown, when we know of anyone serving the Communist cause, we let the agency know. We are now letting you know that your man did belong to this organization for, either 3 or 4 years, belonged to it long after he was out of law school. I don't think you can find anyplace, anywhere, an organization which has done more to defend Communists—I am again quoting the report—to defend Communists, to defend espionage agents, and to aid the Communist cause, than the man whom you originally wanted down here at your right hand instead of Mr. St. Clair. * Mr. WELCH. Senator McCarthy, I did not know—Senator, sometimes you say "May I have your attention?" Senator MCCARTHY. I am listening to you. I can listen with one ear. Mr. WELCH. This time I want you to listen with both. Senator MCCARTHY. Yes. Mr. WELCH. Senator McCarthy, I think until this moment— Senator MCCARTHY. Jim, will you get the news story to the effect that this man belonged to this Communist-front organization? Will you get the citations showing that this was the legal arm of the Communist Party, and the length of time that he belonged, and the fact that he was recommended by Mr. Welch? I think that should be in the record. Mr. WELCH. You won't need anything in the record when I have finished telling you this. Until this moment, Senator, I think I never really gauged your cruelty or your recklessness. Fred Fisher is a young man who went to the Harvard Law School and came into my firm and is starting what looks to be a brilliant career with us. When I decided to work for this committee I asked Jim St. Clair, who sits on my right, to be my first assistant. I said to Jim, "Pick somebody in the firm who works under you that you would like." He chose Fred Fisher and they came down on an afternoon plane. That night, when he had taken a little stab at trying to see what the case was about, Fred Fisher and Jim St. Clair and I went to dinner together. I then said to these two young men, "Boys, I don't know anything about you except I have always liked you, but if there is anything funny in the life of either one of you that would hurt anybody in this case you speak up quick." Fred Fisher said, "Mr. Welch, when I was in law school and for a period of months after, I belonged to the Lawyers Guild," as you have suggested, Senator. He went on to say, "I am secretary of the Young Republicans League in Newton with the son of Massachusetts' Governor, and I have the respect and admiration of the 25 lawyers or so in Hale & Dorr." I said, "Fred, I just don't think I am going to ask you to work on the case. If I do, one of these days that will come out and go over national television and it will just hurt like the dickens." So, Senator, I asked him to go back to Boston. Little did I dream you could be so reckless and cruel as to do an injury to that lad. It is true he is still with Hale & Dorr. It is true that he will continue to be with Hale & Dorr. It is, I regret to say, equally true that I fear he shall always bear a scar needlessly inflicted by you. If it were in my power to forgive you for your reckless cruelty, I will do so. I like to think I am a gentleman, but your forgiveness will have to come from someone other than me. * Mr. WELCH. I meant to do you no personal injury, and if I did, beg your pardon. Let us not assassinate this lad further, Senator. You have done enough. Have you no sense of decency sir, at long last? Have you left no sense of decency? Senator MCCARTHY. I know this hurts you, Mr. Welch. But I may say, Mr. Chairman, on a point of personal privilege, and I would like to finish it— Mr. WELCH. Senator, I think it hurts you, too, sir. Update: I inadvertently cut-off the initial quote and have updated the post to add the final exchange to the blockquote.