(concurring specially):
No one, not even the defendants, could doubt that the arrests and prosecutions here involved were designed to interfere with the rights of Selma and Dallas County Negroes to the franchise. The District Court, as the majority points out in a particularly learned and comprehensive opinion, fell into error in its approach. The questions presented should have been determined from the overall viewpoint of 42 U.S.C.A. § 1971(b), which proscribes such interference. I concur in the holdings that the trial court erred in failing to find on the facts that the conduct of the defendants threatened, intimidated and coerced, prospective Negro voters and was for the purpose of interfering with their right to vote. It follows that adequate relief necessitates expunging the arrests and/or convictions which form the basis of these suits from the state records. All fines and costs paid must be refunded and all defense costs including attorneys’ fees incurred in the defense of the criminal prosecutions must be reimbursed. I also concur in the disposition of the grand jury and surveillance questions.
The grand jury investigation was improper in view of federal sovereignty as it exists in our dual system of government. The state had no right to investigate the activities of the Justice Department. This question was settled by the Founding Fathers on the formation of the Union and the adoption of the Supremacy Clause.