Killian v. United States (1961)
- Docket
- 7
- Decided
- 1961-01-01
- Category
- General
Summary
Question: (1) Was the prosecution properly excused from producing statements and documents that reported payments to prosecution witnesses? (2) Did the jury instructions properly define membership in the Communist Party? (3) Did the jury instructions properly define “affiliation”? Conclusion: No, yes, and yes. In a 5-4 decision written by Justice Charles E. Whittaker, the Court held that the district court must determine whether the documents requested by Killian were destroyed in good faith and in accord with normal practice, as suggested by the United States. If so, Killian would not be entitled to a new trial, because this would suggest that the information contained on the receipts was finally recorded elsewhere and already in evidence. The United States claimed that only two of Ondrejka’s receipts related to his testimony and that this information was contained in Ondrejka’s narrative statements; Justice Whittaker instructed the district court to make a final judgment for the government if it finds that this claim was true. Justice Whittaker rejected Killian’s objection to the jury instruction’s subjective definition of membership in the Communist Party. He reasoned that the very nature of claimed membership in a secret or underground organization precludes the existence of objective proof of membership. Justice Whittaker also rejected Killian’s argument that the Communist Control Act (CCA) -- from which the jury instructions were largely drawn -- was unconstitutional. He noted that Killian was charged with lying about being a Communist in an affidavit, not with being a member of the Communist Party, the status prohibited by the CCA. Justice Whittaker held that the district court properly defined “affiliation” for its jury instruction. He cited several decisions in the circuit courts using similar definitions of "affiliation" with the Communist Party. He rejected Killian’s narrow definition of “affiliation”, wherein the government would have to show that Killian was a member of an organization working with the Communist Party. He held that the district court’s definition was reasonable and properly outlined, vacating the judgment and remanding the case to the district court. Justice Hugo Black dissented. He argued that compelling union officers to swear they are not Communists violated the First Amendment’s protection of freedom of belief and political association. He noted that test oaths are historic weapons against religious and political minority. Justice William O. Douglas dissented, joined by Chief Justice Earl Warren and Justice Black. Justice Douglas argued that the jury could find Killian guilty only if he committed illegal acts in connection with his role in the Communist Party. As the record contained no evidence of Killian committing an illegal act, his conviction should have been reversed. Justice William J. Brennan dissented. He took issue with the majority’s interpretation of “membership”, and would have required evidence of some objective act of association and admission, understood as such by the party and by Killian. "