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move to compel a determination of where this title lies.
The Attorney General of California is smarter than the
Attorney General of the United States. He counters with
a flanking movement and that flanking movement is just
exactly like the flanking movement that the insurance com-
panies began in the legislature when you tried to bring
the anti-trust business on the insurance companies up to
the
when you tried to bring the anti-trust action in
the Supreme Court on the insurance companies, they countered
with a lobby to get the thing legislatively out of the
Supreme Court's jurisdiction. Now that's exactly what
they're doing again. That is, your intellectual case is
being outflanked by a legislative lobby. Now you think
that the mere existence of your case insures a veto. It
can't insure it if the victory these fellows win in the
House and the Senate is too impressive. Now your problem
is you moved; that is, the Attorney General of the United
States. The Attorney General of California moved in a
very clever flanking move on you. Now your business is to
outflank the Attorney General of California again by setting
the case up again under circumstances where his flanking
movement can't succeed, because you've got too much public
flagging of the thing and because you can make this answer
to him. As long as your case is in the District Courts he
can say, 'Christ, we've got to know what the answer to the
title is; we can't hang around here while a case works it-
self up for 5 years through the District Courts this is
important to US to know where the title is and the only
quick way of getting it is to have this legislative action. ,
If you have a case in the Supreme Court of the United States
that doesn't have to come up from below, you can say, 'Boys,
at the most you've got to wait for 6 months or a year, and
with the billions involved you can wait that long, and on
that basis your President can veto the thing." And then
you've got a chance to move." And then I said, "Now this
is simply a matter of who's smarter--now this is a strateg-
ical game which is always a combined legislative and court
game these days--the Attorney General of the United States
or the Attorney General of California. And on that basis
I think you ought to move in and you ought to move in right
away. Otherwise you'll look like a horse's neck. You've
lost a tactical battle with the Attorney General of Cali-
fornia, and you've exposed both the Secretary and the Attorney
General to the contempt of having been beaten in a tactical
operation. " He said, "Well, I think you're right. I'll
have to talk to CHARLIE FAHEY about it.'
H--Yes, that's what he told me.
C--But he says, "I'll go for it." Now what I think the Secretary
ought to do is call CHARLIE FAHEY, who was his solicitor.
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"ocrText": "-2 -\nmove to compel a determination of where this title lies.\nThe Attorney General of California is smarter than the\nAttorney General of the United States. He counters with\na flanking movement and that flanking movement is just\nexactly like the flanking movement that the insurance com-\npanies began in the legislature when you tried to bring\nthe anti-trust business on the insurance companies up to\nthe\nwhen you tried to bring the anti-trust action in\nthe Supreme Court on the insurance companies, they countered\nwith a lobby to get the thing legislatively out of the\nSupreme Court's jurisdiction. Now that's exactly what\nthey're doing again. That is, your intellectual case is\nbeing outflanked by a legislative lobby. Now you think\nthat the mere existence of your case insures a veto. It\ncan't insure it if the victory these fellows win in the\nHouse and the Senate is too impressive. Now your problem\nis you moved; that is, the Attorney General of the United\nStates. The Attorney General of California moved in a\nvery clever flanking move on you. Now your business is to\noutflank the Attorney General of California again by setting\nthe case up again under circumstances where his flanking\nmovement can't succeed, because you've got too much public\nflagging of the thing and because you can make this answer\nto him. As long as your case is in the District Courts he\ncan say, 'Christ, we've got to know what the answer to the\ntitle is; we can't hang around here while a case works it-\nself up for 5 years through the District Courts this is\nimportant to US to know where the title is and the only\nquick way of getting it is to have this legislative action. ,\nIf you have a case in the Supreme Court of the United States\nthat doesn't have to come up from below, you can say, 'Boys,\nat the most you've got to wait for 6 months or a year, and\nwith the billions involved you can wait that long, and on\nthat basis your President can veto the thing.\" And then\nyou've got a chance to move.\" And then I said, \"Now this\nis simply a matter of who's smarter--now this is a strateg-\nical game which is always a combined legislative and court\ngame these days--the Attorney General of the United States\nor the Attorney General of California. And on that basis\nI think you ought to move in and you ought to move in right\naway. Otherwise you'll look like a horse's neck. You've\nlost a tactical battle with the Attorney General of Cali-\nfornia, and you've exposed both the Secretary and the Attorney\nGeneral to the contempt of having been beaten in a tactical\noperation. \" He said, \"Well, I think you're right. I'll\nhave to talk to CHARLIE FAHEY about it.'\nH--Yes, that's what he told me.\nC--But he says, \"I'll go for it.\" Now what I think the Secretary\nought to do is call CHARLIE FAHEY, who was his solicitor."
}