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Two days later, Hiss testified, denying that he ever even knew Chambers. That day, President Truman reviewed Hiss’ FBI file and pronounced Hiss “guilty as hell,” telling White House Special Counsel Samuel Rosenman, “We shouldn't just indict this son of a bitch. We should hang him.”<ref>Ralph de Toledano, “[http://findarticles.com/p/articles/mi_m1571/is_n3_v13/ai_19048238 Embarrassment aided and abetted the Top Soviet spy - Alger Hiss],” ''Insight on the News'', January 27, 1997</ref> Five minutes later, Truman blustered to a press conference that the Hiss case was just an election-year “red herring.”<ref>"[http://www.time.com/time/magazine/article/0,9171,819396,00.html Off the Record]," ''Time'', January 18, 1954</ref> When Rosenman later asked why he had lied, Truman explained, “You don't understand. The Republicans aren't after Alger Hiss. They're after me. I had to take the political view.”<ref>Ralph de Toledano, “[http://findarticles.com/p/articles/mi_m1571/is_n3_v13/ai_19048238 Embarrassment aided and abetted the Top Soviet spy - Alger Hiss],” ''Insight on the News'', January 27, 1997</ref>

Two days later, Hiss testified, denying that he ever even knew Chambers. That day, President Truman reviewed Hiss’ FBI file and pronounced Hiss “guilty as hell,” telling White House Special Counsel Samuel Rosenman, “We shouldn't just indict this son of a bitch. We should hang him.”<ref>Ralph de Toledano, “[http://findarticles.com/p/articles/mi_m1571/is_n3_v13/ai_19048238 Embarrassment aided and abetted the Top Soviet spy - Alger Hiss],” ''Insight on the News'', January 27, 1997</ref> Five minutes later, Truman blustered to a press conference that the Hiss case was just an election-year “red herring.”<ref>"[http://www.time.com/time/magazine/article/0,9171,819396,00.html Off the Record]," ''Time'', January 18, 1954</ref> When Rosenman later asked why he had lied, Truman explained, “You don't understand. The Republicans aren't after Alger Hiss. They're after me. I had to take the political view.”<ref>Ralph de Toledano, “[http://findarticles.com/p/articles/mi_m1571/is_n3_v13/ai_19048238 Embarrassment aided and abetted the Top Soviet spy - Alger Hiss],” ''Insight on the News'', January 27, 1997</ref>

On August 16, Hiss dared Chambers to repeat his charges outside of the immunity afforded in congressional hearings, so Hiss could sue him. The next day, Truman aide George Elsie wrote to White House Counsel [[Clark Clifford]], "Justice should make every effort to ascertain if Whittaker Chambers is guilty of perjury." No suggestion was made that Justice make any effort at all to ascertain if <i>Hiss</i> might be guilty of perjury, but a handwritten insertion advised "Investigation of Chambers' confinement in a mental institution."<ref>George M. Elsey, [https://www.cia.gov/library/center-for-the-study-of-intelligence/csi-publications/books-and-monographs/venona-soviet-espionage-and-the-american-response-1939-1957/21.gif Memorandum for Mr. Clifford], 16 August 1948, Harry S. Truman Library, Clark M. Clifford Papers, "Loyalty Investigations," box 11</ref> Again, there was no suggestion that Hiss' mental health might be subject to investigation.

On August 16, Chambers offered to take a lie-detector test.<ref>Robert G. Whalen, "[http://www.nytimes.com/books/97/03/09/reviews/chambers-strange.html Hiss and Chambers: Strange Story of Two Men]," ''The New York Times'', December 12, 1948</ref> Hiss would refuse to do so,<ref>"The Confrontation," ''Time'', August 30, 1948</ref> but dared Chambers to repeat his charges outside of the immunity afforded in congressional hearings, so Hiss could sue him. The next day, Truman aide George Elsie wrote to White House Counsel [[Clark Clifford]], "Justice should make every effort to ascertain if Whittaker Chambers is guilty of perjury." No suggestion was made that Justice make any effort at all to ascertain if <i>Hiss</i> might be guilty of perjury, but a handwritten insertion advised "Investigation of Chambers' confinement in a mental institution."<ref>George M. Elsey, [https://www.cia.gov/library/center-for-the-study-of-intelligence/csi-publications/books-and-monographs/venona-soviet-espionage-and-the-american-response-1939-1957/21.gif Memorandum for Mr. Clifford], 16 August 1948, Harry S. Truman Library, Clark M. Clifford Papers, "Loyalty Investigations," box 11</ref> Again, there was no suggestion that Hiss' mental health might be subject to investigation.

On August 27, on NBC's ''Meet the Press,'' Chambers called Hiss' bluff, saying, "Alger Hiss was a Communist and may be now."<ref>[http://www.msnbc.msn.com/id/17982730/page/5/ Meet the Press Transcript for April 8, 2007, p. 5]</ref> Embarrassment mounted among Hiss' supporters as a month dragged by and still no suit was filed. Even the ''Washington Post'' began to have doubts.<ref>Allen Weinstein, ''Perjury: The Hiss-Chambers Case'' (New York: Alfred A. Knopf, 1978), ISBN 0394495462, p. 162</ref> Finally, on September 28, Hiss filed his long-threatened slander suit against Chambers.

On August 27, on NBC's ''Meet the Press,'' Chambers called Hiss' bluff, saying, "Alger Hiss was a Communist and may be now."<ref>[http://www.msnbc.msn.com/id/17982730/page/5/ Meet the Press Transcript for April 8, 2007, p. 5]</ref> Embarrassment mounted among Hiss' supporters as a month dragged by and still no suit was filed. Even the ''Washington Post'' began to have doubts.<ref>Allen Weinstein, ''Perjury: The Hiss-Chambers Case'' (New York: Alfred A. Knopf, 1978), ISBN 0394495462, p. 162</ref> Finally, on September 28, Hiss filed his long-threatened slander suit against Chambers.

On December 2, in response to a subpoena, Chambers led HUAC investigators to highly incriminating microfilm evidence, which he had secreted in a hollowed-out pumpkin on his Maryland farm (the so-called [[Pumpkin Papers]]). The same day, on an FBI memorandum detailing the investigation of Chambers for perjury ordered by Truman Justice, Hoover penned, "I can't understand why such effort is being made to indict Chambers to the exclusion of Hiss."<ref>FBI memorandum: Fletcher to Ladd, December 2, 1948 (FBI file: Hiss-Chambers, Vol. 2)</ref> As late as December 6, the day the grand jury was convened, Truman Justice was still contemplating "bringing an indictment against Chambers for perjury."<ref>FBI memorandum: Fletcher to Ladd, December 6, 1948 (FBI file: Hiss-Chambers, Vol. 2)</ref>

On December 2, in response to a subpoena, Chambers led HUAC investigators to highly incriminating microfilm evidence, which he had secreted in a hollowed-out pumpkin on his Maryland farm (the so-called [[Pumpkin Papers]]). The same day, on an FBI memorandum detailing the investigation of Chambers for perjury ordered by Truman Justice, Hoover penned, "I can't understand why such effort is being made to indict Chambers to the exclusion of Hiss."<ref>FBI memorandum: Fletcher to Ladd, December 2, 1948 (FBI file: Hiss-Chambers, Vol. 2)</ref> As late as December 6, the day the grand jury was convened, Truman Justice was still contemplating "bringing an indictment against Chambers for perjury."<ref>FBI memorandum: Fletcher to Ladd, December 6, 1948 (FBI file: Hiss-Chambers, Vol. 2)</ref>

On December 15, Hiss testified before a grand jury that he never gave any documents to Whittaker Chambers, and that he had no contact with Chambers after January 1, 1937. The same day, the grand jury indicted Hiss on two counts of perjury, charging that he lied under oath in both these statements. Because the statute of limitations had expired, the grand jury could not consider espionage charges.

On December 15, Hiss testified before a grand jury. Hiss suggested a theory that someone (perhaps Chambers)<ref>Allen Weinstein, ''Perjury: The Hiss-Chambers Case'' (New York: Alfred A. Knopf, 1978), ISBN 0394495462, p. 270</ref> had sneaked into the State Department and stolen the documents from his desk<ref>Weinstein, ''Perjury'', pp. 178, 253, 257, 299, 397</ref> then, having somehow obtained access to Hiss' typewriter,<ref>Weinstein, ''Perjury'', pp. 298, 300</ref> typed some of the documents on it<ref> Weinstein, ''Perjury'', pp. 281, 298</ref> and microfilmed others, and then sneaked back into the State Department and replaced the originals,<ref>Weinstein, ''Perjury'', p. 254</ref> all in an elaborate plot to frame Hiss<ref>Weinstein, ''Perjury'', p. 299</ref> a decade later.<ref>Weinstein, ''Perjury'', p. 281</ref> Even Hiss admitted that his theory was "fantastic,"<ref> Weinstein, ''Perjury'', p. 299</ref> stating, "Until the day I die, I shall wonder how Whittaker Chambers got into my house to use my typewriter," a statement provoking outright laughter among jurors.<ref> Weinstein, ''Perjury'', p. 300</ref>

 

Hiss testified that he never gave any documents to Whittaker Chambers, and that he had no contact with Chambers after January 1, 1937. The grand jury indicted Hiss on two counts of perjury, charging that he lied under oath in both these statements. Because the statute of limitations had expired, the grand jury could not consider espionage charges.

 

==The Trials==

==The Trials==