(dissenting).
Harry Renton Bridges, Henry Schmidt and J. R. Robertson were indicted on May *88825, 1949. The indictment was in three counts. Count 1 was based on 18 U.S. C.A. 1940 Edition^ § 88.1 2****It charged, in substance, that Bridges, Schmidt and Robertson, on or about June 23, 1945, and continuing until on or about October 1, 1945, at San Francisco, California, conspired to defraud the United States by impairing, obstructing and defeating the proper administration of its naturalization laws by having Bridges fraudulently petition for and obtain naturalization in a naturalization proceeding in the Superior Court of the State of California in and for the City and County of San Francisco and by falsely and fraudulently stating and representing to said court in said proceeding that he had never belonged to the Communist Party, whereas he had, in truth and in fact, belonged to and been a member of the Communist Party from 1933 up to and including September .17, 1945. Count 1 further charged that, to effect the object of said conspiracy, certain acts, which count 1 .described, were done by Bridges on or about June 23, 1945, and by Bridges, Schmidt and Robertson on or about August 8, 1945, and September 17, 1945.
Counts 2 and 3 were based on 8 U.S.C.A. 1940 Edition, § 746(a).2 Count 2 charged, in substance, that Bridges, on September 17, 1945, at San Francisco, California, knowingly made a false statement under oath in the naturalization proceeding mentioned in count 1, namely, a statement to the effect that he had never belonged to the Communist Party, whereas he had, in truth and in fact, belonged to and been a member of the Communist Party from 1933 up to and including September 17, 1945.
Count 3 charged, in substance, that Schmidt and Robertson, on or about September 17, 1945, at San Francisco, California, encouraged, aided, advised and assisted Bridges, a person not entitled thereto, to obtain, accept and receive a certificate of naturalization, knowing the same to have been procured by fraud, said fraud consisting of the false and fraudulent statement and representation mentioned in count 1.
Bridges, Schmidt and Robertson were arraigned, pleaded not guilty and had a jury trial, District Judge George B. Harris presiding. The trial began on November 14, 1949, and ended on April 10, 1950, when the jury returned a verdict finding Bridges guilty as charged in counts 1 and 2 and finding Schmidt and Robertson guilty as charged in counts 1 and 3. Thereupon a judgment was entered, sentencing Bridges to be imprisoned for five years and sentencing Schmidt and Robertson to be imprisoned for two years. From that judgment Bridges, Schmidt and Robertson appealed. Thereafter, on April 10, 1950, Judge Harris allowed Bridges bail pending appeal and ordered him admitted to bail pending appeal in the sum of $25,000.
On July 31, 1950, the Government filed in the District Court a motion to revoke the order admitting Bridges to bail. In. *889support of the Government’s motion, an affidavit of John H. McGowan, an investigator for the Immigration and Naturalization Service, was filed on August 2, 1950. Twenty-six exhibits were attached to and -made a part of the affidavit. The Government’s motion was presented to and heard by Judge Harris. The hearing began on August 2, 1950, and ended on August 5, 1950. At the conclusion of the hearing, Judge Harris delivered from the bench an oral opinion3 and thereupon, on August 5, 1950, made an order granting the Government’s motion and revoking the ■order admitting Bridges to bail.
On August 8, 1950, Bridges filed in this ■court a motion to vacate the order revoking the order admitting him to bail. Bridges’ motion was heard by and submitted to this ■court on August 8, 1950. My associates think that Bridges’ motion should be granted and have so ordered. I dissent for the following reasons:
Rule 46(a) (2) of the Federal Rules of 'Criminal Procedure provides: “Bail may be allowed pending appeal or certiorari ■only if it appears that the case involves a substantial question which should’ be determined by the appellate court. Bail may be allowed by the trial judge or by the appellate court or by any judge thereof or by the circuit justice. The court or the judge or justice allowing bail may at any time revoke the order admitting the defendant to bail.” This rule became effective on March 21, 1946, and has been in effect ever since. It has the force and effect of law.
In revoking the order admitting Bridges to bail, Judge Harris acted under and pursuant to the final provision of Rule 46(a) {2) — the provision that “The court or the judge or justice allowing bail may at any time revoke the order admitting the defendant to bail.” This provision is clear and unambiguous. It means exactly what it says. Having the force and effect of law, it should be recognized and treated as such and should not be ignored or disregarded. Rule 46(a) (2) does not specify the ground or grounds on which an order admitting a defendant to bail may be revoked. I assume, however, that, to warrant revocation of such an order, some good ground must be shown. The ground stated in the Government’s motion to revoke the order admitting Bridges to bail was that, after being admitted to bail, he had pursued, and if permitted to remain at large, would continue to pursue, “a course of conduct and activities dangerous and detrimental to the public welfare and inimical to the safety and national security of the United States.” That, if true, was, in my opinion, a good ground for such revocation.
The power to revoke an order admitting a 'defendant to bail is a discretionary power. Therefore, unless Judge Harris abused his discretion in revoking the order admitting Bridges to bail, the order of revocation should not be vacated. I cannot say that Judge Harris abused his discretion. Instead, I believe that he exercised it wisely and properly. My reason for so believing are as follows:
In finding Bridges guilty as charged in counts 1 and 2 of the indictment and in finding Schmidt and Robertson guilty as charged in counts 1 and 3 of the indictment, the jury necessarily found that Bridges was a member of the Communist Party. That finding was amply supported by evidence. The evidence taken at the trial of Bridges, Schmidt and Robertson showed or strongly tended to show, not only that Bridges was a Communist Party member from 1933 up to and including September 17, 1945, as charged in the indictment, but that he was a Communist Party member from 1933 up to and including the time of the trial. There was no evidence that he renounced his Communist Party membership or ceased to be a Communist Party member after the trial. Instead, the McGowan affidavit showed or strongly tended to show that Bridges was still a Communist Party member when the Government moved to revoke the order *890admitting him to bail. Judge Harris found, and was warranted in finding, that Bridges was still a Communist Party member when that order was revoked.
The Communist Party is a conspiracy, one object of which is to overthrow the Government of the United States by force and violence. Communist Party members are parties to that conspiracy. The Communist Party is dominated and controlled by Soviet Russia. Communist Party members are servants and agents of Soviet Russia.
For several years next preceding June 25, 1950, the United States was engaged in a so-called “cold” war with Soviet Russia. The so-called “cold” war became a “shooting” war on- June 25, 1950, when Soviet Russia’s North Korean Communist Army invaded South Korea, and the armed forces of the United States were ordered by the President to repel the invasion. The “shooting” war has continued since June 25, 1950. When it will end, nobody knows.
Since June 25, 1950, American ships carrying men, munitions and supplies to the Korean war front have been moving, and such ships must continue to move, from Pacific Coast ports of the United States. Employed at these ports are thousands of workers (longshoremen and others) who belong to local unions affiliated with, and subsidiaries of, the International Longshoremen’s and Warehousemen’s Union, hereafter called I.L.W.U., of which Bridges is and has been for many years the president and directing head. This is a position of great power and influence. A Communist Party member could wish.no better position from which to sabotage the American war effort and to give aid and comfort to his North Korean Communist comrades. The danger here suggested is not a fanciful one. The ability of Bridges and his I.L.W.U. to paralyze Pacific Coast shipping has been demonstrated more than once.
Thus, by and through his I.L.W.U., Bridges could, while' at- large, pursue “a course of conduct and activities dangerous and detrimental to the public welfare and inimical to the safety and national security of the United States.” The McGowan affidavit showed or strongly tended to show, not merely that Bridges could pursue such a course, but that he had, in fact, done so since June 25, 1950, and, if permitted to remain at large, would continue to do so. Judge Harris, in effect, so found. I quote from his opinion :4
“I am satisfied to a moral certainty and beyond a reasonable doubt that Harry Bridges was and is a member of the Communist Party. * * * I am also led to believe from the extensive proceedings before me involving this defendant that he is probably one of the most potent figures in the Communist Party in America today. As such a member, he is an agent dedicated to execute the Communist program, both nationally and internationally. As such agent, his allegiance is not and cannot be to the United States of America — notwithstanding his plaint to the contrary and his studied misconceptions as to his loyalty.
“His conduct since the inception of the recent hostilities in Korea, as well as his equivocal testimony in thi-s proceeding,5 are of such nature as to justify this court in concluding that when the welfare of this country and its armed forces are at stake, -as opposed to a Communist regime, that his loyalty is and must be with the-Communists. * * *
“ * * * Mr. Bridges has spearheaded, since his release on bail, and within recent date, a serious opposition to security measures, including a ‘Security Conference Statement of Policy,’ which was designed to protect the people of San Francisco, its ports and the welfare of our armed forces. In my opinion, such opposition was taken by him solely for the purpose of protecting the Communist Party and his Communist cohorts within the union, and not for the benefit of the rank and file or the country as a whole.
*891“Of equal significance was his refusal to •disavow affiliation in and with the World Federation of Trade Unions,6 an international organization which he admits * * * is controlled and dominated by Communists. In a bulletin of July 12, 1950, the 'World Federation of Trade Unions called all affiliated organizations7 to ‘take all immediate and indispensable action to defeat the diabolical plans of the American war mongers and to support their brother unionists in Korea who are fighting alongside the whole Korean people for liberation •of their country.’ * * *
“Mr. Bridges’ weak and vacillating explanation was that future possible economic and other support from the Communist organization justified him in continuing the membership and ‘that we should not be too hasty to cut off all our ties, as we may need them at some future date.’
“I say that adherence to the program of the World Federation of Trade Unions, as delineated in the form in which I have just read, is traitorous. * * *
“It is manifest to this court that since his conviction, Mr. Bridges has openly, ■consistently and vigorously followed the Communist Party line, as particularly outlined in the Government’s affidavit.8 His denials in this respect on the witness stand were not convincing to the court. * * *
“This is not a time for divided loyalty. In answer to counsel’s contention that the granting of bail is essential for the protection of his right to appeal, I simply say that he has deliberately forfeited such claim to be admitted to bail, and that his brazen conduct is opposed to the welfare of our Government in this period of crisis and emergency.”
The findings and conclusions stated in Judge Harris’ opinion were amply warranted. I therefore cannot say that he erred in revoking the order admitting Bridges to bail. Much less can I say that he abused his discretion.
The motion to vacate the order of revocation should be denied.
. Section 88 provided: “If two or more persons conspire either to commit any offense against the United States, or to defraud the United States in any manner or for any purpose, and one or more of such parties do any act to effect the object of the conspiracy, each of the parties to the conspiracy shall be fined not more than $10,000, or imprisoned not more than two years, or both.” Cf. 18 U.S.C.A., 1948 Revision, § 371.
. Section 746(a) provided:
“(a) It is hereby made a felony for any alien or other person, whether an applicant for naturalization or citizenship, or otherwise, and whether an employee of the Government of the United States or not—
“(1) Knowingly to make a false statement under oath, either orally or in writing, in any case, proceeding, or matter relating to, or under, or by virtue of any law of the United States relating to naturalization or citizenship. * * *
“(5) To encourage, aid, advise, or assist any person not entitled thereto to-obtain, accept, or receive any certificate of arrival, declaration of intention, certificate of naturalization, or certificate of citizenship, or other documentary evidence of naturalization or of citizenship—
“a. Knowing the same to have been procured by fraud; * * * Cf. 18-U.S.C.A. 1948 Revision, § 1015(a).
. United States v. Bridges, D.C.N.D.Cal. 93 F.Supp. 989. A court reporter’s transcript of Judge Harris’ oral opinion was filed on August 7, 1950.
. United States v. Bridges, supra'.
. At the hearing on the Government’s mo- - tion, Bridges testified as a witness for himself.
. Bridges was president of the International Union of Seamen and Dockers (now called the Maritime and Port Workers’ Trade Union International), a subsidiary of the. World Federation of Trade Unions.
. Bridges’ I.L.W.U. was one of the “affiliated organizations.”
. The McGowan affidavit mentioned above.