His opinion concluded that there was no evidence that the Communist Party of the United States had urged a violent overthrow of the United States Government and he strongly criticized the United States Department of Justice for using entrapment and for its failure to follow proper legal procedures. Of the deportation proceedings he wrote: "A more lawless proceeding it is hard for anyone to conceive.... I can hardly sit on the bench as an American citizen  and restrain my indignation.
His assessment concluded that there was no proof that the Communist Party of the United States had urged a violent overthrow of the U.S. Government, and he strongly criticized the U.S. Department of Justice for employing entrapment and its failure to adhere to proper legal procedures. Regarding the deportation proceedings, he wrote: "A more lawless proceeding it is hard for anyone to conceive.... I can hardly sit on the bench as an American citizen  and restrain my indignation."