Nathan Witt (February 11, 1903 – February 16, 1982), born Nathan Wittowsky, was an American
lawyer
A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solic ...
who is best known as being the Secretary of the
National Labor Relations Board
The National Labor Relations Board (NLRB) is an independent agency of the federal government of the United States with responsibilities for enforcing U.S. labor law in relation to collective bargaining and unfair labor practices. Under the Natio ...
(NLRB) from 1937 to 1940. He resigned from the NLRB after his
communist
Communism (from Latin la, communis, lit=common, universal, label=none) is a far-left sociopolitical, philosophical, and economic ideology and current within the socialist movement whose goal is the establishment of a communist society, a s ...
political beliefs were exposed and he was accused of manipulating the Board's policies to favor his own political leanings. He was also investigated several times in the late 1940s and 1950s for being a spy for the Soviet Union in the 1930s. No evidence of espionage was ever found.
[
][
]
Background
Nathan R. Witt
was born February 11, 1903, into a
Jew
Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""Th ...
ish family on the
Lower East Side
The Lower East Side, sometimes abbreviated as LES, is a historic neighborhood in the southeastern part of Manhattan in New York City. It is located roughly between the Bowery and the East River from Canal to Houston streets.
Traditionally an im ...
of
New York City
New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...
.
[''Strategy and Tactics of World Communism ... '', p. 796.][Jowitt and Jowitt, p. 46.] His father changed the family name to Witt shortly after his birth.[Irons, p. 125.] His college education was interrupted several times by the need to earn a living: he drove a taxi cab.[ In 1927, he graduated from ]New York University
New York University (NYU) is a private research university in New York City. Chartered in 1831 by the New York State Legislature, NYU was founded by a group of New Yorkers led by then-Secretary of the Treasury Albert Gallatin.
In 1832, the ...
(NYU). It was at NYU's Washington Square College The New York University College of Arts & Science (CAS) is the primary liberal arts college of New York University (NYU). The school is located near Gould Plaza next to the Courant Institute of Mathematical Sciences and the Stern School of Busine ...
that he met Lee Pressman.[
]
Angered by what he perceived as the judicial mistreatment and illegal execution of the anarchists Sacco and Vanzetti
Nicola Sacco (; April 22, 1891 – August 23, 1927) and Bartolomeo Vanzetti (; June 11, 1888 – August 23, 1927) were Italian immigrant anarchists who were controversially accused of murdering Alessandro Berardelli and Frederick Parmenter, a ...
in 1927, he drove a taxi cab
A taxi, also known as a taxicab or simply a cab, is a type of vehicle for hire with a driver, used by a single passenger or small group of passengers, often for a non-shared ride. A taxicab conveys passengers between locations of their choice ...
for two years to earn money for law school. He graduated from Harvard Law School
Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States.
Each class ...
in 1932, or 1933,[ specializing in ]labor law
Labour laws (also known as labor laws or employment laws) are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, ...
. He attended Harvard shortly after Alger Hiss
Alger Hiss (November 11, 1904 – November 15, 1996) was an American government official accused in 1948 of having spied for the Soviet Union in the 1930s. Statutes of limitations had expired for espionage, but he was convicted of perjury in con ...
had left the school, and he was a friend of Donald Hiss
Donald Hiss (December 15, 1906 – May 18, 1989), also known as "Donie"
and "Donnie",
was the younger brother of Alger Hiss. Donald Hiss's name was mentioned during the 1948 hearings wherein his more famous and older brother, Alger, was ac ...
, a Harvard Law classmate and Alger Hiss's younger brother.
Career
Agricultural Adjustment Administration (AAA)
Witt joined the Agricultural Adjustment Administration
The Agricultural Adjustment Act (AAA) was a United States federal law of the New Deal era designed to boost agricultural prices by reducing surpluses. The government bought livestock for slaughter and paid farmers subsidies not to plant on part ...
(AAA) in July 1933. His friend, Lee Pressman
Lee Pressman (July 1, 1906 – November 20, 1969) was a labor attorney and earlier a US government functionary, publicly alleged in 1948 to have been a spy for Soviet intelligence during the mid-1930s (as a member of the Ware Group), following hi ...
, recommended him for the job.[
] According to accusers Whittaker Chambers
Whittaker Chambers (born Jay Vivian Chambers; April 1, 1901 – July 9, 1961) was an American writer-editor, who, after early years as a Communist Party member (1925) and Soviet spy (1932–1938), defected from the Soviet underground (1938), ...
, Lee Pressman, and Elizabeth Bentley
Elizabeth Terrill Bentley (January 1, 1908 – December 3, 1963) was an American spy and member of the Communist Party USA (CPUSA). She served the Soviet Union from 1938 to 1945 until she defected from the Communist Party and Soviet intelligenc ...
, Witt—along with John Abt
John Jacob Abt (May 1, 1904 – August 10, 1991) was an American lawyer and politician, who spent most of his career as chief counsel to the Communist Party USA (CPUSA) and was a member of the Communist Party and the Soviet spy network "Ware Gro ...
, Charles Kramer, Alger Hiss
Alger Hiss (November 11, 1904 – November 15, 1996) was an American government official accused in 1948 of having spied for the Soviet Union in the 1930s. Statutes of limitations had expired for espionage, but he was convicted of perjury in con ...
, and Nathaniel Weyl
Nathaniel Weyl (July 20, 1910 – April 13, 2005) was an American economist and author who wrote on a variety of social issues. A member of the Communist Party of the United States from 1933 until 1939, after leaving the party he became a co ...
, among others—were part of the so-called "Ware group
The Ware Group was a covert organization of Communist Party USA operatives within the United States government in the 1930s, run first by Harold Ware (1889–1935) and then by Whittaker Chambers (1901–1961) after Ware's accidental death on Augus ...
," a clandestine Communist Party USA
The Communist Party USA, officially the Communist Party of the United States of America (CPUSA), is a communist party in the United States which was established in 1919 after a split in the Socialist Party of America following the Russian Revo ...
group formed by AAA economist Harold Ware
Harold or "Hal" Ware (August 19, 1889 – August 14, 1935) was an American Marxist, regarded as one of the Communist Party's top experts on agriculture.
He was employed by a federal New Deal agency in the 1930s. He is alleged to have been a S ...
.[Haynes and Klehr, p. 63.][ Chambers also alleged that Witt became leader of the group after Ware died in an automobile accident in August 1935.] Pressman said the men merely met to study and discuss left-wing
Left-wing politics describes the range of political ideologies that support and seek to achieve social equality and egalitarianism, often in opposition to social hierarchy. Left-wing politics typically involve a concern for those in soci ...
political theory, but Chambers described it as a Soviet
The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, ...
-controlled cell dedicated to committing espionage. Historian David M. Kennedy, assessing a half-century's evidence about the case, concurred with Pressman's assessment in 2001.
There is widespread disagreement as to whether Witt was actually a Communist Party member or not. Historian Arthur M. Schlesinger, Jr.
Arthur Meier Schlesinger Jr. (; born Arthur Bancroft Schlesinger; October 15, 1917 – February 28, 2007) was an American historian, social critic, and public intellectual. The son of the influential historian Arthur M. Schlesinger Sr. and a s ...
observed that Chambers never provided evidence of Witt's party membership, just uncorroborated accusation.[Schlesinger, p. 235-236.] Labor historian Leon Fink agrees. Labor historian Nelson Lichtenstein
Nelson Lichtenstein (born November 15, 1944) is a professor of history at the University of California, Santa Barbara, and director of the Center for the Study of Work, Labor and Democracy. He is labor historian who has written also about 20t ...
, however, concluded that Witt "probably" was both a member of the Communist Party and held communist ideals, but historian Ronald Schatz has asserted that Witt's communist sympathies did "not necessarily" mean Party membership.
Witt never hid his communism and made it well known to others from his earliest days in the government. Chambers told Adolf A. Berle, then Assistant Secretary of State, about Witt's involvement in the "Ware group" in 1939.[ Berle later said that "to be blunt about it, Mr. Witt's statements and sympathies were so well known that what Mr. Chambers had said added nothing to anything that wasn't public knowledge at the time."][ William S. Leiserson, an NLRB Board member, knew Witt held communist beliefs almost from the first days after Leiserson joined the Board. There is general agreement among professional historians that Witt's communist views did not affect his work and did not change the outcome of any policy choices made by government agencies.]
National Labor Relations Board (NLRB)
Witt joined the legal staff of the "first" National Labor Relations Board in February 1934.[ The ]National Labor Relations Act
The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and ...
became law in June 1935, creating the "second" (permanent) NLRB. Witt was named the NLRB's assistant chief counsel ("assistant general counsel"[) in December 1935. He exerted a great deal of influence in the Review Section,][ the division of the NLRB which reviewed transcripts of NLRB hearings in labor disputes, revised transcripts to emphasize points of law, reviewed draft decisions of examiners for adherence to NLRB policy and law, and made oral reports to the three members of the Board. He chose (with the approval of the Board) the attorneys who staffed the Review Section, assigned cases to attorneys, and checked the drafts of Board decisions for technical accuracy.][ Witt recommended Pressman for a job as a trial examiner at the NLRB in 1936.][
Witt was named Secretary (the highest non-appointed bureaucratic office—or "the top administrative officer"][) of the Board in October (or November][) 1937.][ The enormous workload and tremendous expansion in the number of personnel at the NLRB made Witt the agency's most powerful individual.][ He attended Board meetings, took Board minutes, prepared and served Board decisions ordering union organizing elections, granted and denied requests for oral testimony from employers, oversaw each Board member's appointments and administered the office and oversaw the staff of 250.][ He was the Board's chief liaison to Congress and oversaw preparation and submission of the Board's budget.][ He was the sole supervisor of the Board's 22 regional offices, overseeing the roughly 225 personnel in the field.][ He alone exercised the authority to authorize a hearing in the case of ]unfair labor practice
An unfair labor practice (ULP) in United States labor law refers to certain actions taken by employers or unions that violate the National Labor Relations Act of 1935 (49 Stat. 449) (also known as the NLRA and the Wagner Act after NY Senator R ...
(ULP) or election cases, and he alone reported on these cases (in oral, not written) fashion to the Board.[ Almost all correspondence, telephone contact, and ]telegraph
Telegraphy is the long-distance transmission of messages where the sender uses symbolic codes, known to the recipient, rather than a physical exchange of an object bearing the message. Thus flag semaphore is a method of telegraphy, whereas p ...
contact between the regional offices and the Board passed through his office first, and his office collected nearly all the information coming in from the field regarding elections, ULPs, settlements, strikes, enforcement issues, informational inquiries, and the development of new policies.[
Witt's communism was the cause of much dispute within the NLRB and eventually led to his resignation as Board Secretary.][ The NLRB was under intense legal, media, congressional, and public criticism in 1938 and 1939 for what many people saw as overreaching.][
]
In July 1939, the House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
created the Special Committee to Investigate the National Labor Relations Board (popularly known as the "Smith Committee" after its chairman, conservative Democratic Rep. Howard W. Smith
Howard Worth Smith (February 2, 1883 – October 3, 1976) was an American politician. A Democratic U.S. Representative from Virginia, he was a leader of the informal but powerful conservative coalition.
Early life and education
Howard W ...
—a "powerful, arch-segregationist and anti-Communist".[) to investigate the NLRB.][
] The Smith Committee received testimony from hundreds of witnesses, conducted a nationwide survey regarding the impact of the NLRB, and questioned NLRB officials at length about the agency's alleged anti-business and anti-American Federation of Labor
The American Federation of Labor (A.F. of L.) was a national federation of labor unions in the United States that continues today as the AFL-CIO. It was founded in Columbus, Ohio, in 1886 by an alliance of craft unions eager to provide mutu ...
/pro-Congress of Industrial Organizations
The Congress of Industrial Organizations (CIO) was a federation of unions that organized workers in industrial unions in the United States and Canada from 1935 to 1955. Originally created in 1935 as a committee within the American Federation of ...
biases.[
From December 1939 to February 1940, the committee "probed Witt's handling of labor cases, strikes, and controversies." The committee weakened Witt in its accusation that he "hewed" to the Communist Party line. In response, Witt wrote to the committee that "I am not now, nor have I ever been, a member of the Communist Party, a 'Communist sympathizer,' or one who 'hews to the Communist Party line'."][
In December 1939, board member Leiserson testified that he believed Witt held too much power at the NLRB, that Witt had influenced the NLRB's decisions in favor of the Congress of Industrial Organizations (CIO), and that Witt's far-left views were unacceptable.]["Leiserson in Feud," ''New York Times,'' December 12, 1939; "Green Says Inquiry Shows NLRB Biased," ''New York Times,'' December 21, 1939.] Leiserson testified that he had repeatedly voiced his concerns to board chairman J. Warren Madden, but that Madden and board member Edwin S. Smith had allied to prevent any attempt to rein in or fire Witt. Later testimony revealed that an internal NLRB study had backed Leiseron and that Madden and Smith had suppressed it, and that Witt had assisted Madden in secretly building public and expert support for the NLRB (expending federal funds in lobbying against Congress). Madden attempted to defend Witt.
By September 1940, the Smith Committee was accusing other NLRB employees, such as chief economist David J. Saposs, of harboring communist ideas. It was clear that neither Madden nor Witt could continue at the NLRB much longer. President Franklin D. Roosevelt
Franklin Delano Roosevelt (; ; January 30, 1882April 12, 1945), often referred to by his initials FDR, was an American politician and attorney who served as the 32nd president of the United States from 1933 until his death in 1945. As the ...
named University of Chicago
The University of Chicago (UChicago, Chicago, U of C, or UChi) is a private research university in Chicago, Illinois. Its main campus is located in Chicago's Hyde Park neighborhood. The University of Chicago is consistently ranked among the b ...
economics professor Harry A. Millis
Harry Alvin Millis (May 14, 1873 – June 25, 1948) was an American civil servant, economist, and educator and who was prominent in the first four decades of the 20th century. He was a prominent educator,"Dr. H.A. Millis Dies," ''New York Times, ...
to be the new chairman of the NLRB in November 1940, after Madden's term on the Board expired in August.
Witt resigned from the NLRB on November 18, 1940, although his resignation was not accepted until after Millis was sworn in on November 27. He ended his work at the Board on December 10. Later that month, Witt joined Board member Edwin S. Smith, former Board associate general counsel Thomas I. Emerson
Thomas I. Emerson (1907–1991) was a 20th-century American attorney and professor of law. He is known as a "major architect of civil liberties law,"
"arguably the foremost First Amendment scholar of his generation,"
and "pillar of the Bill of R ...
, and four other NLRB attorneys in denying Smith Committee testimony that they were members of the Communist Party or had followed the CPUSA line in their work.
Witt & Cammer
In 1941, after leaving the NLRB, Witt joined with Harold I. Cammer (founder of the National Lawyers Guild
The National Lawyers Guild (NLG) is a progressive public interest association of lawyers, law students, paralegals, jailhouse lawyers, law collective members, and other activist legal workers, in the United States. The group was founded in 19 ...
) to form a law partnership of Witt & Cammer in New York City. (On November 24, 1947, the address for "Witt & Cammer, Esqs." was 9 East 40th Street, New York, NY.) New clients for Witt & Cammer included the CIO (in New York), other labor organizations, and left-wing unions like the International Union of Mine, Mill and Smelter Workers
The International Union of Mine, Mill and Smelter Workers (IUMMSW) was a labor union representing miners and workers in related occupations in the United States and Canada.
The union played an important role in the protection of workers and in d ...
(known as "Mine-Mill"). In 1941, Witt represented the Steel Workers Organizing Committee The Steel Workers Organizing Committee (SWOC) was one of two precursor trade union, labor organizations to the United Steelworkers. It was formed by the CIO (Committee for Industrial Organization) on June 7, 1936. It disbanded in 1942 to become the ...
(or SWOC, later, the United Steel Workers of America
The United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, commonly known as the United Steelworkers (USW), is a general trade union with members across North America. Headqua ...
).
Witt was involved in numerous labor union disputes and labor-related free speech cases in the 1940s and 1950s. He represented members of the College Teachers Union (a predecessor to the moder
Professional Staff Congress
union at the City College of New York
The City College of the City University of New York (also known as the City College of New York, or simply City College or CCNY) is a public university within the City University of New York (CUNY) system in New York City. Founded in 1847, Cit ...
) when they were accused in 1941 of being communists by the Rapp-Coudert Committee
The Rapp-Coudert Committee was the colloquial name of the New York State Legislature's Joint Legislative Committee to Investigate the Educational System of the State of New York. Between 1940 and 1942, the Rapp-Coudert Committee sought to identify ...
. He briefly served as legal counsel to the International Fur & Leather Workers Union
The International Fur and Leather Workers Union (IFLWU), was a labor union that represented workers in the fur and leather trades.
History
The IFLWU was founded in 1913 and affiliated with the American Federation of Labor (AFL).
Radical uni ...
in 1944 in a major due process case. He was the lead attorney for the Seamen's Joint Action Committee, a CIO-backed insurgent group which allied with three CIO longshoremen's unions to challenge International Longshoremen's Association
The International Longshoremen's Association (ILA) is a North American labor union representing longshore workers along the East Coast of the United States and Canada, the Gulf Coast, the Great Lakes, Puerto Rico, and inland waterways. The ILA h ...
president Joseph Ryan.
Pressman, Witt & Cammer
Meantime, Pressman, remained as chief legal counsel of the CIO itself as well as the SWOC, both of which he had joined in the late 1930s, as Witt was joining and rising in the NRLB.[ In February 1948, Pressman left the CIO to create the private law practice of Pressman, Witt & Cammer. The firm became one of the most prominent left-wing labor law firms in the country. (]Bella Abzug
Bella Savitzky Abzug (July 24, 1920 – March 31, 1998), nicknamed "Battling Bella", was an American lawyer, politician, social activist, and a leader in the women's movement. In 1971, Abzug joined other leading feminists such as Gloria Steinem, ...
started her career at Pressman, Witt & Cammer.)
In early 1948, Witt's clients included the Greater New York CIO Council. As their counsel, he spoke to the press over allegations that FBI investigators were intimidating local CIO offices. "There could not possibly be any technical violation in 1948 except for the Isacson election and the FBI agents made clear they were not investigating that."
Also in early 1948, Witt was working with fellow National Lawyers Guild
The National Lawyers Guild (NLG) is a progressive public interest association of lawyers, law students, paralegals, jailhouse lawyers, law collective members, and other activist legal workers, in the United States. The group was founded in 19 ...
member Joseph Forer
Joseph Forer (11 August 1910 – 20 June 1986) was a 20th-century American attorney who, with partner David Rein, supported Progressive causes, including discriminated communists and African-Americans. Forer was one of the founders of the Nation ...
of Washington, DC. On January 26–28 and February 2, 1948, a hearing of the House Education and Labor Subcommittee, chaired by U.S. Representative Clare E. Hoffman
Clare Eugene Hoffman (September 10, 1875 – November 3, 1967) was a United States representative from Michigan's 4th congressional district.
Background
Hoffman was born in Vicksburg, Union County, Pennsylvania, where he attended the public s ...
, occurred on the topic of a strike by United Cafeteria and Restaurant Workers (Local 471) and its parent, the United Public Workers of America
The United Public Workers of America (1946–1952) was an American labor union representing federal, state, county, and local government employees. The union challenged the constitutionality of the Hatch Act of 1939, which prohibited federal ex ...
(UPWA), CIO, against Government Services, Inc. (GSI), which had already lasted nearly a month. UPWA was a client of Forer & Rein. Hoffman refused to let UPWA head Abram Flaxer read a statement and asked questions including whether Flaxer was a communist. Witt, one of his UAW attorneys, objected to "abuse of congressional power." On January 26, 1948, UPWA negotiations director Alfred Bernstein (father of Carl Bernstein
Carl Milton Bernstein ( ; born February 14, 1944) is an American investigative journalist and author. While a young reporter for ''The Washington Post'' in 1972, Bernstein was teamed up with Bob Woodward, and the two did much of the original new ...
), charged that House committee agents had raided the union's offices. During January, William S. Tyson, solicitor for the Labor Department
The Ministry of Labour ('' UK''), or Labor ('' US''), also known as the Department of Labour, or Labor, is a government department responsible for setting labour standards, labour dispute mechanisms, employment, workforce participation, training, a ...
, and Robert N. Denham
Robert N. Denham (October 23, 1885 – June 18, 1954) was an American attorney who served as general counsel to the National Labor Relations Board.
Background
Robert N. Denham was born on October 23, 1885, in St. Louis, Missouri. His parent ...
, general counsel for the National Labor Relations Board
The National Labor Relations Board (NLRB) is an independent agency of the federal government of the United States with responsibilities for enforcing U.S. labor law in relation to collective bargaining and unfair labor practices. Under the Natio ...
, both agreed that nothing in the Taft-Hartley Act prohibited GSI from bargaining with a non-complying union. However, Denham added, the Act intended to "eliminate Communist influence from unions by denying to such unions the services of NLRB."[
]
In 1950, Witt and partner Cammer defended the New York City Teachers Union
The New York City Teachers Union or "TU" (1916–1964) was the first New York labor union for teachers, formed as "AFT Local 5" of the American Federation of Teachers, which found itself hounded throughout its history due largely to co-membership ...
(their client) against accusations from William Jansen, superintendent of New York City schools.
In 1950, the U.S. State Department revoked singer and civil rights activist Paul Robeson
Paul Leroy Robeson ( ; April 9, 1898 – January 23, 1976) was an American bass-baritone concert artist, stage and film actor, professional football player, and activist who became famous both for his cultural accomplishments and for his p ...
's passport as a means of preventing him from traveling overseas and continuing his left-wing political work. Witt and Abt were among Robeson's first attorney and initiated Robeson's eight-year battle to regain his passport.
He also represented several members of the Teachers Union accused of being communists in 1950 and 1952. (At the time, the Teachers Union was a local union representing New York City public schools teachers. It had been ejected by the American Federation of Teachers
The American Federation of Teachers (AFT) is the second largest teacher's labor union in America (the largest being the National Education Association). The union was founded in Chicago. John Dewey and Margaret Haley were founders.
About 60 perc ...
for being communist-controlled, and in the 1950s, it was part of the United Public Workers of America
The United Public Workers of America (1946–1952) was an American labor union representing federal, state, county, and local government employees. The union challenged the constitutionality of the Hatch Act of 1939, which prohibited federal ex ...
. It would later rejoin the American Federation of Teachers in the early 1960s and merge with another local to become the United Federation of Teachers
The United Federation of Teachers (UFT) is the labor union that represents most teachers in New York City public schools. , there were about 118,000 in-service teachers and 17,000 paraprofessional educators in the union, as well as about 54,000 ...
.)
Later years
In 1955, he left Witt & Cammer and became full-time counsel to the International Union of Mine, Mill and Smelter Workers
The International Union of Mine, Mill and Smelter Workers (IUMMSW) was a labor union representing miners and workers in related occupations in the United States and Canada.
The union played an important role in the protection of workers and in d ...
. He had a close connection to Albert Pezzati, who had been eastern regional director, national board member and secretary-treasurer of the International Union of Mine, Mill and Smelter Workers. (Like Witt, Pezzati had come under suspicion by HUAC of Communism.)
In 1961, Witt and Joseph Forer
Joseph Forer (11 August 1910 – 20 June 1986) was a 20th-century American attorney who, with partner David Rein, supported Progressive causes, including discriminated communists and African-Americans. Forer was one of the founders of the Nation ...
represented the International Union of Mine, Mill and Smelter Workers in ''Robert F. Kennedy
Robert Francis Kennedy (November 20, 1925June 6, 1968), also known by his initials RFK and by the nickname Bobby, was an American lawyer and politician who served as the 64th United States Attorney General from January 1961 to September 1964, ...
, Attorney General of the United States, Petitioner, v. International Union of Mine, Mill and Smelter Workers, Respondent'' before the Subversive Activities Control Board The Subversive Activities Control Board (SACB) was a United States government committee to investigate Communist infiltration of American society during the 1950s Red Scare. It was the subject of a landmark United States Supreme Court decision of th ...
.
When the International Union of Mine, Mill and Smelter Workers merged with and became a division of the United Steel Workers
The United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, commonly known as the United Steelworkers (USW), is a general trade union with members across North America. Headquar ...
in the 1960s, Witt was retained as associate counsel for the new division. In 1975, Witt retired as associate counsel for the miners' division of the United Steel Workers.
Allegations of communism
On August 3, 1948, in testimony to the House Un-American Activities Committee
The House Committee on Un-American Activities (HCUA), popularly dubbed the House Un-American Activities Committee (HUAC), was an investigative committee of the United States House of Representatives, created in 1938 to investigate alleged disloy ...
(HUAC), Whittaker Chambers named Witt as a member (and even leader[) of the "Ware Group." When called before a one-man subcommittee of HUAC (whose sole member was Representative ]Richard Nixon
Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 to 1974. A member of the Republican Party, he previously served as a representative and senator from California and was ...
) on August 20, Witt denied knowing " J. Peters" (ostensibly the head of the Soviet Union's political operations in the United States), Chambers, or Alger Hiss.[
] Along with Abt and Pressman (with Cammer as legal counsel for all three[), Witt invoked First, Fifth, and Sixth Amendment rights when refusing to answer HUAC questions.] Lee Pressman, also testifying that day, forced the subcommittee to admit that it was not accusing the men of espionage
Espionage, spying, or intelligence gathering is the act of obtaining secret or confidential information (intelligence) from non-disclosed sources or divulging of the same without the permission of the holder of the information for a tangibl ...
but rather being communists seeking to infiltrate the government (which was not a crime). A few weeks later, former ''Daily Worker
The ''Daily Worker'' was a newspaper published in New York City by the Communist Party USA, a formerly Comintern-affiliated organization. Publication began in 1924. While it generally reflected the prevailing views of the party, attempts were m ...
'' editor turned anti-communist Louis F. Budenz
Louis Francis Budenz (pronounced "byew-DENZ"; July 17, 1891 – April 27, 1972) was an American activist and writer, as well as a Soviet espionage agent and head of the ''Buben group'' of spies. He began as a labor activist and became a member ...
testified that the CPUSA considered Witt a member. Federal law enforcement officials debated prosecuting Witt in late 1948—not for being a communist, a spy, or for committing espionage, but under a contempt of Congress
Contempt of Congress is the act of obstructing the work of the United States Congress or one of its committees. Historically, the bribery of a U.S. senator or U.S. representative was considered contempt of Congress. In modern times, contempt of Co ...
charge for asserting his Fifth Amendment rights before the committee and refusing to answer its questions. No prosecution was ever made. Having refused to answer questions before Congress, "Witt understood that the public saw that as tantamount to admitting guilt" to Communist activities.[
Witt later testified in February 1949 before a federal ]grand jury
A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a pe ...
investigating illegal CPUSA activities in the United States.
Testifying again before HUAC in 1950, Lee Pressman named Witt as a member of the CPUSA and the "Ware group." Speaking before a HUAC subcommittee on September 1, Witt once more denied that he had engaged in espionage, again invoked his Fifth Amendment privileges when asked about his CPUSA and "Ware group" membership, and refused to say whether he knew Chambers, Bentley, or scores of others.
In February 1952, writer Nathaniel Weyl named Witt as a "Ware group" member before the United States Senate Subcommittee on Internal Security
The United States Senate's Special Subcommittee to Investigate the Administration of the Internal Security Act and Other Internal Security Laws, 1951–77, known more commonly as the Senate Internal Security Subcommittee (SISS) and sometimes the M ...
.
In 1952 and 1953, the McCarran Committee
The United States Senate's Special Subcommittee to Investigate the Administration of the Internal Security Act and Other Internal Security Laws, 1951–77, known more commonly as the Senate Internal Security Subcommittee (SISS) and sometimes the M ...
called Witt back to Congress.[ Harvey Matusow, former CPUSA member, had previously testified before Congress against his former comrades. However, in 1954, Matusow published a book, ''False Witness'', in which he recanted his anti-communist testimony. In April 1955, the Subcommittee on Internal Security learned that Witt had obtained a cash donation from the Mine, Mill and Smelter Workers Union to help Matusow get his book published.][Baker, "Aid for Matusow on Book Depicted," ''New York Times,'' April 19, 1955.] Witt was called before the Subcommittee on Internal Security on April 18 to testify about his involvement in the Matusow affair. Witt freely admitted his legal role in obtaining the publication fee. Witt last appeared before Congress in 1955, eventually totaling six times, several times with Clinton Jencks
Clinton Jencks (March 1, 1918 – December 15, 2005) was an American lifelong activist in labor and social justice causes, most famous for union organizing among New Mexico's miners, acting in the 1954 film '' Salt of the Earth'' (where he portra ...
from his client, the Mine-Mill union.[
Senator ]James O. Eastland
James Oliver Eastland (November 28, 1904 February 19, 1986) was an American attorney, plantation owner, and politician from Mississippi. A Democratic Party (United States), Democrat, he served in the United States Senate in 1941 and again from 1 ...
, subcommittee chair, then implied there was something suspicious about Witt's real name being Wittowsky. Witt engaged in a shouting match with Eastland, accusing the senator of antisemitism
Antisemitism (also spelled anti-semitism or anti-Semitism) is hostility to, prejudice towards, or discrimination against Jews. A person who holds such positions is called an antisemite. Antisemitism is considered to be a form of racism.
Antis ...
. Witt denied he had anything to hide. Eastland demanded to know about his membership in the CPUSA and the "Ware group," and Witt invoked his Fifth Amendment rights again. When a subcommittee member asked Witt if he had sent white lilies to Chambers (implying that this constituted a death threat), Witt categorically denied doing so.
Personal life and death
On June 19, 1930, Nathan Witt married Anna Laura Phillips. They had two children, Hal (circa 1937) and Leda (1939). (Hal Witt later worked with Joseph Forer
Joseph Forer (11 August 1910 – 20 June 1986) was a 20th-century American attorney who, with partner David Rein, supported Progressive causes, including discriminated communists and African-Americans. Forer was one of the founders of the Nation ...
in the 1960s on the Giles-Johnson case in defending the Giles brothers and in the Supreme Court ''Giles v. Maryland''.[
])
Nathan R. Witt died age 79 on February 16, 1982, at Rockefeller University Hospital
The Rockefeller University is a private biomedical research and graduate-only university in New York City, New York. It focuses primarily on the biological and medical sciences and provides doctoral and postdoctoral education. It is classified ...
in New York City
New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...
.
Legacy
In 1949, Edward R. Murrow
Edward Roscoe Murrow (born Egbert Roscoe Murrow; April 25, 1908 – April 27, 1965) was an American broadcast journalist and war correspondent. He first gained prominence during World War II with a series of live radio broadcasts from Europe f ...
had CBS News
CBS News is the news division of the American television and radio service CBS. CBS News television programs include the ''CBS Evening News'', ''CBS Mornings'', news magazine programs '' CBS News Sunday Morning'', '' 60 Minutes'', and '' 48 H ...
colleague Don Hollenbeck
Don Hollenbeck (March 30, 1905June 22, 1954) was a CBS newscaster, commentator, and associate of Edward R. Murrow and Fred W. Friendly. He died from fuel gas inhalation as it was discovered that his stove and oven had been turned on but not lit ...
contribute to the innovative media-review program, ''CBS Views the Press'' over the radio network's flagship station WCBS. Hollenbeck discussed Edward U. Condon, Alger Hiss
Alger Hiss (November 11, 1904 – November 15, 1996) was an American government official accused in 1948 of having spied for the Soviet Union in the 1930s. Statutes of limitations had expired for espionage, but he was convicted of perjury in con ...
, and Paul Robeson
Paul Leroy Robeson ( ; April 9, 1898 – January 23, 1976) was an American bass-baritone concert artist, stage and film actor, professional football player, and activist who became famous both for his cultural accomplishments and for his p ...
. Regarding Hiss (during which case, as Loren Ghiglione has noted "Hollenbeck and his coverage of the reporting of the Hiss-Chambers
Chambers may refer to:
Places
Canada:
*Chambers Township, Ontario
United States:
*Chambers County, Alabama
* Chambers, Arizona, an unincorporated community in Apache County
* Chambers, Nebraska
* Chambers, West Virginia
* Chambers Township, Hol ...
case did not take sides on Hiss's guilt or innocence"[
] ), Hollenbeck criticized press coverage. For instance, he noted how a ''New York Journal-American
:''Includes coverage of New York Journal-American and its predecessors New York Journal, The Journal, New York American and New York Evening Journal''
The ''New York Journal-American'' was a daily newspaper published in New York City from 1937 t ...
'' story led a story stating "The government ended its cross-examination of Alger Hiss at 3:01 p.m. today after forcing him to admit he was an associate of Mrs. Carol King, prominent legal defender of Communists, and a friend of Nathan Witt, ex-New Deal
The New Deal was a series of programs, public work projects, financial reforms, and regulations enacted by President Franklin D. Roosevelt in the United States between 1933 and 1939. Major federal programs agencies included the Civilian Cons ...
lawyer who was fired because of his Communist activities." Hollenbeck noted that the transcript differed greatly, in that Hiss had said: he had met King "once or twice," while his description of when and where he met Witt even less clear. He also noted the guilt by association
Guilt may refer to:
*Guilt (emotion), an emotion that occurs when a person feels that they have violated a moral standard
*Culpability, a legal term
*Guilt (law), a legal term
Music
* ''Guilt'' (album), a 2009 album by Mims
* "Guilt" (The Long Bl ...
tactics of fellow journalists, for example, Westbrook Pegler
Francis James Westbrook Pegler (August 2, 1894 – June 24, 1969) was an American journalist and writer. He was a popular columnist in the 1930s and 1940s famed for his opposition to the New Deal and labor unions. Pegler aimed his pen at president ...
, who sought to discredit Eleanor Roosevelt
Anna Eleanor Roosevelt () (October 11, 1884November 7, 1962) was an American political figure, diplomat, and activist. She was the first lady of the United States from 1933 to 1945, during her husband President Franklin D. Roosevelt's four ...
through link to Hiss via Felix Frankfurter
Felix Frankfurter (November 15, 1882 – February 22, 1965) was an Austrian-American jurist who served as an Associate Justice of the Supreme Court of the United States from 1939 until 1962, during which period he was a noted advocate of judicia ...
.[
]
In 1977 during an interview, David A. Morse (1907–1990), recounted that in 1949, shortly after he had finished work as NRLB general counsel and become a US delegate to the International Labor Conference of the International Labour Organization
The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is the first and o ...
(ILO): At about that time, I think there were all these questions being raised about certain people in the Labor Board; not so much about their qualifications as their political orientation and what Paul Herzog wrote there may have been as a result of that. I remember there was this chap, Nat Witt, who had been head of the unit at the NLRB, that was responsible for the examiners. I recall that he had been accused from time to time by outside groups for being much tied in with Lee Pressman and the two of them were very much tied in with the Communist Party.[
]
See also
* List of American spies
This is a list of spies who engaged in direct espionage. It includes Americans spying against their own country and people spying on behalf of the United States.
American Revolution era spies
Spied for the Patriots
* Hercules Mulligan
* Abra ...
* John Abt
John Jacob Abt (May 1, 1904 – August 10, 1991) was an American lawyer and politician, who spent most of his career as chief counsel to the Communist Party USA (CPUSA) and was a member of the Communist Party and the Soviet spy network "Ware Gro ...
* Whittaker Chambers
Whittaker Chambers (born Jay Vivian Chambers; April 1, 1901 – July 9, 1961) was an American writer-editor, who, after early years as a Communist Party member (1925) and Soviet spy (1932–1938), defected from the Soviet underground (1938), ...
* Noel Field
Noel Haviland Field (January 23, 1904 – September 12, 1970) was an American communist activist, diplomat and spy for the NKVD, whose activities before and after World War II allowed the Eastern Bloc to use his name as a prosecuting rationale du ...
* Harold Glasser
Harold Glasser (November 24, 1905 – November 16, 1992) was an economist in the United States Department of the Treasury and spokesman on the affairs of the United Nations Relief and Rehabilitation Administration (UNRRA) 'throughout its whole ...
* John Herrmann
John Theodore Herrmann (November 9, 1900 – April 9, 1959) was a writer in the 1920s and 1930s and is alleged to have introduced Whittaker Chambers to Alger Hiss.
Biography
Herrmann was born in Lansing, Michigan in 1900. He lived in Paris i ...
* Alger Hiss
Alger Hiss (November 11, 1904 – November 15, 1996) was an American government official accused in 1948 of having spied for the Soviet Union in the 1930s. Statutes of limitations had expired for espionage, but he was convicted of perjury in con ...
* Donald Hiss
Donald Hiss (December 15, 1906 – May 18, 1989), also known as "Donie"
and "Donnie",
was the younger brother of Alger Hiss. Donald Hiss's name was mentioned during the 1948 hearings wherein his more famous and older brother, Alger, was ac ...
* Victor Perlo
Victor Perlo (May 15, 1912December 1, 1999) was an American Marxist economist, government functionary, and a longtime member of the governing National Committee of the Communist Party USA.
Biography
Early years
Victor Perlo was born May 15, 19 ...
* J. Peters
* Ward Pigman
William Ward Pigman (March 5, 1910 – September 30, 1977) was a chairman of the Department of Biochemistry at New York Medical College, and a suspected Soviet Union spy as part of the "Karl group" for Soviet Military Intelligence (GRU).
Biograp ...
* Lee Pressman
Lee Pressman (July 1, 1906 – November 20, 1969) was a labor attorney and earlier a US government functionary, publicly alleged in 1948 to have been a spy for Soviet intelligence during the mid-1930s (as a member of the Ware Group), following hi ...
* Vincent Reno Franklin Vincent Reno was a mathematician and civilian employee at the United States Army Aberdeen Proving Ground in Maryland in the 1930s. Reno was a member of the "Karl group" of Soviet spies which was being handled by Whittaker Chambers until 19 ...
* Julian Wadleigh
* Harold Ware
Harold or "Hal" Ware (August 19, 1889 – August 14, 1935) was an American Marxist, regarded as one of the Communist Party's top experts on agriculture.
He was employed by a federal New Deal agency in the 1930s. He is alleged to have been a S ...
* Nathaniel Weyl
Nathaniel Weyl (July 20, 1910 – April 13, 2005) was an American economist and author who wrote on a variety of social issues. A member of the Communist Party of the United States from 1933 until 1939, after leaving the party he became a co ...
* Harry Dexter White
Harry Dexter White (October 29, 1892 – August 16, 1948) was a senior U.S. Treasury department official. Working closely with the Secretary of the Treasury Henry Morgenthau Jr., he helped set American financial policy toward the Allies of World W ...
References
Bibliography
*Auerbach, Jerold S. ''Unequal Justice: Lawyers and Social Change in Modern America.'' New York: Oxford University Press, 1976.
*Baker, Russell. "Aid for Matusow on Book Depicted." ''New York Times.'' April 19, 1955.
*Barkley, Frederick R. "Madden Declares NLRB Record Best and Defends Witt." ''New York Times.'' February 2, 1940.
*"Board in a Tumult Over School Cases." ''New York Times.'' May 10, 1950.
*Burnham, James. ''The Web of Subversion: Underground Networks in the U.S. Government.'' New York: J. Day Co., 1954.
*Caballero, Raymond. ''McCarthyism vs. Clinton Jencks.'' Norman OK: University of Oklahoma Press, 2019.
*Chambers, Whittaker. ''Witness.'' New York: Random House, 1952.
*"College Teachers to Fight Inquiry." ''New York Times.'' February 20, 1941.
*"Deadlock on Pier Contract Seen." ''New York Times.'' October 24, 1945.
*"Defense Profit Aim Laid to Bethlehem." ''New York Times.'' March 25, 1941.
*"Demand for 3-Man Arbitration Panel Snarls Efforts to Settle Longshoremen's Dispute." ''New York Times.'' November 3, 1945.
*"Dock Workers Win 20% Pay Increase." ''New York Times.'' January 1, 1946.
*Dubofsky, Melvyn. ''The State and Labor in Modern America.'' Chapel Hill, N.C.: University of North Carolina Press, 1994.
*"8 Teachers Deny Board's Charges." ''New York Times.'' February 21, 1952.
*Fink, Leon. ''In Search of the Working Class: Essays in American Labor History and Political Culture.'' Urbana, Ill.: University of Illinois Press, 1994.
*"Fur Trade Argues 'Right to Fire' Case." ''New York Times.'' October 29, 1944.
*Gall, Gilbert J. ''Pursuing Justice: Lee Pressman, the New Deal, and the CIO.'' Albany, N.Y.: State University of New York Press, 1999.
*"Green Says Inquiry Shows NLRB Biased." ''New York Times.'' December 21, 1939.
*Gross, James A. ''The Making of the National Labor Relations Board: A Study in Economics, Politics, and the Law.'' Albany, N.Y.: State University of New York Press, 1974.
*Gross, James A. ''The Reshaping of the National Labor Relations Board: National Labor Policy in Transition, 1937-1947.'' Albany, N.Y.: State University of New York Press, 1981.
*Haynes, John Earl and Klehr, Harvey. ''Venona: Decoding Soviet Espionage in America.'' New Haven, Conn.: Yale University Press, 2000.
*Heard, Alex. ''The Eyes of Willie McGee: A Tragedy of Race, Sex, and Secrets in the Jim Crow South.'' New York: Harper, 2010.
*Horne, George. "CIO Backs Rebels." ''New York Times.'' October 14, 1945.
*Horne, George. "Warren Is Beaten in Longshore Feud." ''New York Times.'' October 20, 1945.
*Hurd, Charles. "Roosevelt Names Dr. Millis to NLRB, Replacing Madden." ''New York Times.'' November 16, 1940.
*Illson, Murray. "Board in Tumult Over 8 Teachers." ''New York Times.'' February 8, 1952.
*Irons, Peter H. ''The New Deal Lawyers.'' Reprint ed. Princeton, N.J.: Princeton University Press, 1993.
*"Jansen Questions 6 More Teachers." ''New York Times.'' April 25, 1950.
*Jowitt, William Allen and Jowitt, Earl. ''The Strange Case of Alger Hiss.'' London: Hodder & Stoughton, 1953.
*Kennedy, David. ''Freedom From Fear: The American People in Depression and War, 1929-1945.'' New York, N.Y.: Oxford University Press, 2001.
*"Leiserson in Feud." ''New York Times.'' December 12, 1939.
*Lichtenstein, Nelson. ''Labor's War at Home: The CIO in World War II.'' Reprint ed. New York: Cambridge University Press, 1987.
*"Links Saposs, Brooks to NLRB Red Talk." ''New York Times.'' September 28, 1940.
*"Millis Is Sworn In As NLRB Chairman." ''New York Times.'' November 28, 1940.
*Morris, John D. "Communists Held Hiss to Be Member, Budenz Testifies." ''New York Times.'' August 27, 1948.
*"Named Labor Board Aides." ''New York Times.'' December 4, 1935.
*"Nathan Witt Is Heard." ''New York Times.'' February 24, 1949.
"Nathan Witt, Labor Lawyer; Ex-Secretary of the N.L.R.B." ''New York Times.'' February 20, 1982.
*"NLRB Employees Deny Any Communist Ties." ''New York Times.'' December 24, 1940.
*Phillips, Cabell. "Washington Debating Value of 'Spy Trials'." ''New York Times.'' September 12, 1948.
*"Pier Insurgents Win Court Order Blocking Ryan on New Contract." ''New York Times.'' October 26, 1945.
*"Prosecution Aimed at 5 in Red Inquiry." ''United Press International.'' October 3, 1948.
*Resner, Lawrence. "Owners Are Silent." ''New York Times.'' October 15, 1945.
*"Robeson Asks Court to Lift Passport Ban." ''United Press International.'' December 20, 1950.
*Schatz, Ronald W. "From Commons to Dunlop: Rethinking the Field and Theory of Industrial Relations." In ''Industrial Democracy in America: The Ambiguous Promise.'' Nelson Lichtenstein and Howell John Harris, eds. Washington, D.C.: Woodrow Wilson Center Press, 1993.
*Schlesinger, Arthur M. ''The Politics of Hope and the Bitter Heritage: American Liberalism in the 1960s.'' Princeton, N.J.: Princeton University Press, 2008.
*"School Union Ends Fight on Subpoenas." ''New York Times.'' February 14, 1941.
*"Split in Two-Man Board Balks NLRB Resignations." ''New York Times.'' November 21, 1940.
*Stark, Louis. "Madden Defends NLRB on Lobbying." ''New York Times.'' February 9, 1940.
*Stark, Louis. "Methods of NLRB Indicated in Study Made By Own Men." ''New York Times.'' March 22, 1940.
*Stark, Louis. "NLRB Rounded Up List of Witnesses to Back Labor Act." ''New York Times.'' February 21, 1940.
*''Strategy and Tactics of World Communism: Hearing before the Subcommittee to Investigate the Administration of the Internal Security Act and Other Internal Security Laws of the Committee on the Judiciary.'' Committee on the Judiciary. United States Senate. 84th Cong., 1st sess. Washington, D.C.: U.S. Government Printing Office, 1955.
*"Subpoenas Served in Teacher Inquiry." ''New York Times.'' February 15, 1941.
*Trussell, C.P. "Abt, Witt, Kramer Defy House Group." ''New York Times.'' September 2, 1950.
*Trussell, C.P. "Pressman, Abt, Witt Refuse to Answer Spy Ring Questions." ''New York Times.'' August 21, 1948.
*Trussell, C.P. "Pressman Names Three in New Deal As Reds With Him." ''New York Times.'' August 29, 1950.
*"Two Hiss Brothers Deny Red Charges." ''New York Times.'' August 4, 1948.
*"Witt Ends Work With NLRB." ''New York Times.'' December 12, 1940.
*"Writer Calls Hiss Red Cell Member." ''New York Times.'' February 20, 1952.
External links
Library of Congress
Senate committee hears NLRB chairman... Chairman Madden (left) is shown with counsel for NLRB, Charles Fahy (right) and Nathan Witt, Secretary of the Board. 12/13/37
International Center of Photography
Nathan Witt, attorney, speaking at a House Labor subcommittee hearing, on behalf of Alfred White, New York
{{DEFAULTSORT:Witt, Nathan
1903 births
1982 deaths
People from Manhattan
New York University alumni
Harvard Law School alumni
National Labor Relations Board officials
American civil servants
20th-century American Jews