On this date in 1958...
New York City-based Mafia boss Joseph Profaci, accompanied by attorney Samuel Paige, appeared July 2, 1958, before the U.S. Senate Select Committee on Improper Activities in the Labor or Management Field (McClellan Committee). Conflict between the committee and the underworld-boss witness was evident from the opening seconds of the testimony.
Chairman John L. McClellan: State your name, your place of residence, and your business or occupation.
Joseph Profaci: Joseph Profaci, 8863 Fifteenth Avenue, Brooklyn, New York.
Chairman: What is your business or occupation, please?
Profaci: I refuse to answer on the ground it might be incriminating me.
Chairman: You what?
Profaci: I refuse to answer on the ground...
Chairman: I don't think you better use the word "refuse." I think that shows disrespect for your government. Do you want to place yourself in that attitude?
Profaci: I am sorry.
Chairman: I would use the word "decline." 
Senator Irving McNeil Ives, committee vice chairman, got involved in this conversation, and it was established that Profaci was reading his refusal to answer from a piece of paper provided by his attorney. Profaci said he misread the paper, on which was written, "I respectfully
refuse..." Following that explanation, Ives suggested to Profaci and attorney Paige that "decline" would be a more appropriate term than "refuse."
The committee then attempted to move back to the issue of Profaci's business but instantly found itself back where it started.
Chairman: Do I understand that you are stating to this committee that if you answered the question as to what is your business or occupation, that a truthful answer to that question might tend to incriminate you?
Profaci: I refuse to answer...
Senator Ives: I wish you would stop using that word "refuse."
Profaci: I decline to answer. I am sorry.
Senator McClellan ordered Profaci to answer whether a truthful explanation of his line of work could be incriminating to Profaci. Profaci attempted to decline again. The chairman pointed out that it could not possibly be incriminating to answer whether he believed another answer would be incriminating. Profaci yielded to that logic and answered, "Yes, I believe" that stating his business would be incriminating. 
Though committee members made an issue of Profaci's refusal to answer this rather superficial question, it was hardly surprising. The previous day, reputed Mafiosi James V. LaDuca, Rosario Mancuso and Louis A. Larasso cited the Fifth Amendment in their refusals to answer all manner of questions.
The committee already had an idea of Profaci's business. A summary provided by Chief Counsel Robert Kennedy's investigative staff as the Mafia hearings opened described Profaci: "At Apalachin meeting. Owner of Carmela Mia Packing Co. Number of arrests in Italy and United States. An old-time, well established gangster." 
McClellan conferred with counsel Kennedy about whether Profaci was under indictment. "I don't believe he is," Kennedy responded. McClellan attempted to find out by asking Profaci, but received only "I decline to answer on the ground it may be incriminating to me" from the witness.
The chairman turned questioning over to the chief counsel. Kennedy attempted to open things up on a friendly basis. That didn't last long.
Chief Counsel Robert Kennedy: Mr. Profaci, we had a talk yesterday, a nice conversation; did we not? Didn't we have a little talk in the office?
Profaci: I decline to answer.
Kennedy: Mr. Profaci, your English was so much better yesterday. What has happened in the last twenty-four hours?
Profaci: I don't catch your words right.
Kennedy: You don't?
Profaci: I don't catch you.
Kennedy: You caught it awfully well yesterday, Mr. Profaci. You spoke very good and you understood everything I said.
Profaci: If you will be patient, I will catch it.
Kennedy: I don't have to be. Yesterday you spoke very freely and easily. Your accent has gotten so bad today. What happened overnight, Mr. Profaci? You understood and answered all the questions I asked you yesterday, and you spoke very easily, with very little accent. What has happened since?
Profaci: I don't catch the words right when you use big words.
Profaci subsequently revealed that he was born in Palermo and became an American citizen. He hesitated to discuss his birth date, his arrival in the U.S. and his naturalization. He declined to answer questions about his early days in Chicago, visit to Joseph Barbara's home at Apalachin, family connections to the Toccos and Zerillis of Detroit, links to union officials and other associates, import/export businesses and investments in clothing manufacturing firms. When Detective Thomas O'Brien came forward to outline Profaci's arrest record in Italy and the United States, Profaci refused to confirm any aspect of the record. 
O'Brien and Kennedy stated that Profaci had been arrested at an apparent Mafia convention in Cleveland on December 5, 1928. Profaci would not discuss it. Vice Chairman Ives took the opportunity to ask a direct question.
Ives: May I interrupt? I would like to ask him: Are you a member of the Mafia?
Profaci: I decline to answer on the ground it might be incriminating.
Ives: ...Are you a member or aren't you?
Profaci: No; I decline to answer. No, sir.
Ives: You are not?
Profaci: No, sir.
Ives: You are under oath, you know?
Profaci: I decline to answer on the ground it may tend to incriminate me.
|Senator McClellan (left), Robert Kennedy (right).|
Senator Mundt drew the committee's attention to correspondence from Attorney General William P. Rogers that indicated Profaci might be subject to deportation proceedings. That was generally acknowledged as a possible motivation for Profaci's refusal to answer the questions put to him.  Chairman McClellan attempted to resolve the issue, but probably should have known better.
Chairman: Would you like to advise us whether deportation proceedings are now pending against you or not?
Profaci: (Conferred for a time with his attorney.) I don't get you, Senator, excuse me. I am sorry.
Chairman: Let me see if I can get it to you so you will get it. Has any action been started to deport you? You know what "deport" means, don't you?
Profaci: Yes, sir.
Chairman: You know what that means?
Chairman: Is the government now attempting to deport you from this country?
Profaci: I decline to answer on the ground it may incriminate me.
That was all McClellan could take. In halting the questioning of Profaci, he called for a transcript of the testimony to be sent to the Department of Justice to aid in the denaturalization and deportation of Profaci:
We should rid the country of characters who come here from other lands and take advantage of the great freedom and opportunity our country affords, who come here to exploit these advantages with criminal activities. They do not belong to our land, and they ought to be sent somewhere else. In my book, they are human parasites on society, and they violate every law of decency and humanity.... 
When he opened the committee's Mafia-related hearings on June 30, Chairman McClellan stated, "There exists in America today what appears to be a close-knit, clandestine, criminal syndicate. This group has made fortunes in the illegal liquor traffic during Prohibition, and later in narcotics, vice and gambling. These illicit profits present the syndicate with a financial problem, which they solve through investment in legitimate business. These legitimate businesses also provide convenient cover for their continued illegal activities...
"In these hearings, and the ones to follow, we are going to call in some of the leading figures in the national criminal hierarchy. These people are all involved in legitimate enterprises, management and labor... As a starting point for our hearings, we intend to focus on the criminal group which held a meeting at the home of Joseph Mario Barbara, Sr., in Apalachin, N.Y., on November 14, 1957. The discovery of this meeting by the New York State Police had the effect of revealing the scope of the interrelationships of some of the leaders of the national crime syndicate..."
- Hearings before the Select Committee on Improper Activities in the Labor or Management Field (McClellan Committee), Part 32 - "Mafia," 85th Congress, 2nd Session, Washington D.C.: U.S. Government Printing Office, 1958, p. 12337-12338.
- Hearings, Part 32, p. 12338.
- Hearings, Part 32, p. 12231-12321.
- Hearings, Part 32, p. 12199.
- Hearings, Part 32, p. 12339
- Hearings, Part 32, p. 12339-12349, 12351-12353.
- Hearings, Part 32, p. 12346.
- Hearings, Part 32, p. 12353-12357.
- Hearings, Part 32, p. 12357.
- Hearings, Part 32, p. 12357.
- Hearings, Part 32, p. 12192-12193.