The Chairman. Mr. Crouch, there is something we have often wondered about, and maybe you can enlighten us. In the trial of this Scientist X, as I recall, you had considerable information and evidence on him. Why weren't you called by the Justice Department in that case, if you know?Mr. Crouch. I was called as an expert witness in rebuttal, but was not permitted to describe my knowledge of him as a member of the party, or to describe the closed meetings of the Communist party I had attended. And my wife [Sylvia Crouch], who was under subpoena in the trial, was not called at all, and I was advised informally to the effect that it was impossible for us to give our testimony without bringing in the name of an internationally famous scientist who was also a member of the Communist party, who had been present at the meetings with Scientist X.
The Chairman. Who in the Justice Department told you you could not be used to testify about your knowledge of Scientist X, his Communist activities?
Mr. Crouch. Mr. Cunningham, of the Justice Department, and Mr. Hitz, assistant United States attorney, advised me that I would not be questioned because our testimony would bring in his name.
The Chairman. Bring in the name of Robert Oppenheimer?
Mr. Crouch. Yes, sir. Dr. J. Robert Oppenheimer.
The Chairman. Both you and your wife, I understand, then, were available; the Justice Department knew you had attended Communist party meetings with Scientist X, and one of the issues was whether or not he was a Communist?
Mr. Crouch. Yes, sir.
The Chairman. And the jury found him not to be a Communist, ultimately?
Mr. Crouch. They found him not guilty due to lack of sufficient identifying witnesses who had been in closed meetings with him, that is, witnesses who could testify to that effect.
The Chairman. Just for the record, was he being tried for perjury?
Mr. Crouch. Yes, sir.
The Chairman. And one of the counts was that he committed perjury when he said he was not a Communist?
Mr. Crouch. Yes, sir.
The Chairman. And because of lack of evidence, he was acquitted?
Mr. Crouch. Yes, sir.
The Chairman. And both you and your wife, when members of the Communist party, had attended these closed Communist party meetings with him, and you were informed by two Justice Department lawyers that you would not be used because if you were used and you were examined as to who else was there, you would have had to identify Robert J. Oppenheimer; is that it?
Mr. Crouch. To that effect, yes, sir.
The Chairman. Did they say who had given them those instructions?
Mr. Crouch. No, sir, they did not, they did not indicate it in any way.
The Chairman. When was this trial held?
Mr. Crouch. Last year.
The Chairman. What was the date of that trial, Roy?
Mr. Cohn. I don't know the exact date.
The Chairman. And Scientist X, who has been identified, as Scientist X, what is his name again?
Mr. Crouch. Dr. Joseph Weinberg.
The Chairman. Is there any doubt in your mind that Oppenheimer was a member of the Communist party?
Mr. Crouch. No, sir, none whatever. I met him in a closed meeting of the Communist party in a house which was subsequently found to have been his residence at the time, although I did not know it then, and following that I met him at quite a number of Communist party affairs in Alameda County.
The Chairman. I noticed with some interest Oppenheimer's articles in regard to the H-bomb, for example; he vigorously opposed our proceeding with any experimentation in the development of the H-bomb. When he lost out in that, he now has taken the position that we should not have an air force capable of delivering that bomb. Maybe I am simplifying it a bit, but in fact that is his argument. His argument has been that we should build a screen of defense around this nation. From your knowledge of the working of the Communist party, do you know whether or not that was the policy of the Communist party at that time?
Mr. Crouch. His position, in substance, his efforts have corresponded with the efforts of the Communist press throughout this period. The Communist press has sought to prevent the development of the H-bomb. They have sought to obtain a U.S. pledge not to use the atomic bomb, first in time of war, and their policy has coincided with the public statements of Dr. J. Robert Oppenheimer and the authoritative press accounts of J. Robert Oppenheimer's position as appeared recently in Fortune magazine, Life, and others . . .