MESAROSH v. US, 352 U.S. 808 (1956)
U.S. Supreme Court
MESAROSH v. US , 352 U.S. 808 (1956)352 U.S. 808
Stephen MESAROSH, also known as
Steve Nelson, et al., Petitioners,
v.
UNITED STATES of America.
No. 20.
Supreme Court of the United States
October 8, 1956
Solicitor General Rankin and Assistant Attorney General Tompkins, for the United States.
Messrs. Frank J. Donner, Arthur Kinoy, Marshall Perlin and Hubert T. Delany, for petitioners.
Mr. Justice FRANKFURTER.
Less than six months ago, in Communist Party v. Subversive Activities Control Board, 351 U.S. 115, a case that raised important constitutional issues, this Court refused to pass on those issues when newly discovered evidence was alleged to demonstrate that the record out of which those issues arose was tainted. It did so in the following language:
ceeding is inevitably discredited and the Board's determination must duly take this fact into account. We cannot pass upon a record containing such challenged testimony. ...' 351 U.S. at pages 124- 125, 76 S.Ct. at page 668.
The Court, in that case over the protest of the Government, remanded the proceedings to the Subversive Activities Control Board so that it might consider the allegations against the witnesses and, if necessary, reassess the evidence purged of taint.
In this case, the Government itself has presented a motion to
remand the case, alleging that one of its witnesses, Joseph Mazzei,
since he testified in this case, 'has given certain sworn testimony
(before other tribunals) which the Government, on the basis of the
information in its possession, now has serious reason to doubt.'
Some of the occurrences on which the motion is based go back to
1953. (It should be noted that the petition for certiorari was
filed in this Court on October 6, 1955.) Thus the action by the
Government at this time may appear belated. This is irrelevant to
the disposition of this motion. The fact is that the history of
Mazzei's post-trial testimony did not come to the Solicitor
General's notice until less than ten days before the presentation
of this motion.* It would, I believe, have been a disregard of the
responsibility of the law officer of the Government especially
charged with representing the Government before this Court not to
bring these disturbing facts to the Court's attention once they
came to his attention. And so, it would be unbecoming to speak of
the candor of the Solicitor General in sub- [352 U.S. 808 , 810]
U.S. Supreme Court
MESAROSH v. US , 352 U.S. 808 (1956) 352 U.S. 808 Stephen MESAROSH, also known as Steve Nelson, et al., Petitioners,v.
UNITED STATES of America.
No. 20. Supreme Court of the United States October 8, 1956 Solicitor General Rankin and Assistant Attorney General Tompkins, for the United States. Messrs. Frank J. Donner, Arthur Kinoy, Marshall Perlin and Hubert T. Delany, for petitioners. Mr. Justice FRANKFURTER. Less than six months ago, in Communist Party v. Subversive Activities Control Board, 351 U.S. 115, a case that raised important constitutional issues, this Court refused to pass on those issues when newly discovered evidence was alleged to demonstrate that the record out of which those issues arose was tainted. It did so in the following language: