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UNITED STATES v. KELLY

August 3, 1943

UNITED STATES
v.
KELLY



The opinion of the court was delivered by: MORRIS

I believe, as a matter of law, that there can be a domestic organization, subsidized in whole or in part, directly or indirectly, by a foreign government within the meaning of the Foreign Agents' Registration Act, even though such organization is brought about through the medium of one individual. Where there is concert of action among individuals for furthering the interest of a foreign government, they constitute none the less a domestic organization because they are organized by an agent of that government, sent here to establish such an organization. I do not think the character of the Spanish Library of Information is to be determined solely by its registration certificate as an agent of the Spanish Government. I think there was sufficient evidence upon which the jury could decide that it was the kind of domestic organization defined in the Act.

 There is evidence upon which the jury could conclude that the defendant acted as the agent of the Spanish Library during the period named in the indictment. To say that his writings were not of a character seeking to establish a foreign system of government in the United States, or to secure group action of a nature foreign to our institutions of government, is not enough. Indeed, the Act aimed to prevent those things, but it went further and sought to bring about a disclosure of the authoriship and source of that which appeared in publications and other media of dissemination at the instance of, and particularly when pursuant to compensation paid by, foreign governments, or foreign factions or parties, whether friendly or unfriendly, whether violent or mild.

 It is useless for me to restate the reasons stated at the trial why I do not consider the admission of the evidence complained of to be erroneous when considered in the light of instructions given to the jury respecting such evidence.

 Nor do I believe it is necessary now to discuss again the reasons which in my opinion justified the granting of the instructions given, and the refusal to give certain instructions requested by the defendant.

 I do not think, in the light of what was said and the action of the Court, taken at the request of defendant's counsel, during the course of the trial, that a new trial should be granted because of the testimony of the witness Decker, or the remarks of government counsel during the argument of the case.

 For these reasons, I must overrule the motions.

19430803

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