United States v. Minker Falcone/Concurrence Douglas

Mr. Justice DOUGLAS, concurring.

While I agree with the result reached by the Court, I do not think this case is comparable to those controversies that frequently rege over the scope of the investigative power in support of administrative action. Cf. Cudahy Packing Co. v. Holland, 315 U.S. 357, 62 S.Ct. 651, 86 L.Ed. 895 with United States v. Morton Salt Co., 338 U.S. 632, 70 S.Ct. 357, 94 L.Ed. 401. Congress has provided a special judicial procedure which must be followed, if a citizen is denaturalized. That procedure is contained in § 340 of the Immigration and Nationality Act of 1952. 66 Stat. 163, 8 U.S.C. § 1451, 8 U.S.C.A. § 1451. It provides for canceling a certificate of naturalization on the ground that it was procured 'by concealment of a material fact or by willful misrepresentation.' § 340(a). Suit may be brought by the United States Attorney in the District Court 'upon affidavit showing good cause.' Id. The citizen whose citizenship is challenged has 60 days 'in which to make answers to the petition of the United States.' § 340(b). There is no pretrial administrative procedure provided in the section governing denaturalization. One can search § 340 in vain for any suggestion that the judicial procedure is supplemented by a pretrial procedure. So to hold would make the 60-day period for answer 'empty words,' as Judge Foley ruled in Application of Barnes, D.C., 116 F.Supp. 464, 469. As Judge Hastie, writing for the court below in the Minker case, said, the administrative pretrial procedure is not consistent with the safeguards which Congress has provided in the judicial proceedings. 3 Cir., 217 F.2d 350, 352. I agree with that view and would, therefore, read s 235(a) to exclude witnesses who are potential defendants in § 340 cases.

There is another reason for reading the section narrowly. When we deal with citizenship we tread on sensitive ground. The citizenship of a naturalized person has the same dignity and status as the citizenship of those of us born here, save only for eligibility to the Presidency. He is a member of a community included within the protection of all the guarantees of the Constitution. Those safeguards would be imperiled if prior to the institution of the proceedings the citizen could be compelled to be a witness against himself and furnish out of his own mouth the evidence used to denaturalize him. I would require the Government to proceed with meticulous regard for the basic notions of Due Process which protect every vital right of the American eitizen.