Sacher v. United States (343 U.S. 1)/Dissent Douglas

Mr. Justice DOUGLAS, dissenting.

I agree with Mr. Justice FRANKFURTER that one who reads this record will have difficulty in determining whether members of the bar conspired to drive a judge from the bench or whether the judge used the authority of the bench to whipsaw the lawyers, to taunt and tempt them, and to create for himself the role of the persecuted. I have reluctantly concluded that neither is blameless, that there is fault on each side, that we have here the spectacle of the bench and the bar using the courtroom for an unseemly demonstration of garrulous discussion and of ill will and hot tempers.

I therefore agree with Mr. Justice BLACK and Mr. Justice FRANKFURTER that this is the classic case where the trial for contempt should be held before another judge. I also agree with Mr. Justice BLACK that petitioners were entitled by the Constitution to a trial by jury.