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.
The judge's opinion was that there was no evidence of a call for violent overthrow of the U.S. government by the Communist Party and criticized the Department of Justice for using entrapment tactics and failing to follow proper legal procedures. He expressed strong disapproval of the deportation proceedings, calling them "a more lawless proceeding it is hard for anyone to conceive."