Joseph Nye Welch (October 22, 1890 – October 6, 1960) was an American lawyer who served as the chief counsel for the United States Army while it was under investigation for Communist activities by Senator Joseph McCarthy's Senate Permanent Subcommittee on Investigations, an investigation known as the Army–McCarthy hearings. His confrontation with McCarthy during the hearings, in which he asked McCarthy "Have you no sense of decency, sir, at long last?", is seen as a turning point in the history of McCarthyism.
On June 9, 1954, the 30th day of the Army–McCarthy hearings, Welch challenged Roy Cohn to provide U.S. Attorney GeneralHerbert Brownell Jr. with McCarthy's list of 130 Communists or subversives in defense plants "before sundown". McCarthy stepped in and said that if Welch was so concerned about persons aiding the Communist Party, he should check on a man in his Boston law office named Fred Fisher, who had once belonged to the National Lawyers Guild, which Brownell had called "the legal mouthpiece of the Communist Party".[7]
Welch had privately discussed the matter with Fisher beforehand and the two agreed Fisher should not participate in the hearings. Welch dismissed Fisher's association with the NLG as a youthful indiscretion and attacked McCarthy for naming the young man before a nationwide television audience without prior warning or previous agreement to do so:
Until this moment, Senator, I think I have never really gauged your cruelty or your recklessness. Fred Fisher is a young man who went to the Harvard Law School and came into my firm and is starting what looks to be a brilliant career with us. ... Little did I dream you could be so reckless and so cruel as to do an injury to that lad. It is true he is still with Hale and Dorr. It is true that he will continue to be with Hale and Dorr. It is, I regret to say, equally true that I fear he shall always bear a scar needlessly inflicted by you. If it were in my power to forgive you for your reckless cruelty I would do so. I like to think I am a gentleman, but your forgiveness will have to come from someone other than me.
When McCarthy tried to renew his attack, Welch interrupted him:
Senator, may we not drop this? We know he belonged to the Lawyers Guild ... Let us not assassinate this lad further, Senator. You've done enough. Have you no sense of decency, sir, at long last? Have you left no sense of decency?
McCarthy tried to ask Welch another question about Fisher, and Welch interrupted:
Mr. McCarthy, I will not discuss this further with you. You have sat within six feet of me and could have asked me about Fred Fisher. You have seen fit to bring it out. And if there is a God in Heaven it will do neither you nor your cause any good. I will not discuss it further. I will not ask Mr. Cohn any more witnesses. You, Mr. Chairman, may, if you will, call the next witness.
At this, those watching the proceedings broke into applause. Welch's TV performance turned the tide of public and press opinion against McCarthy overnight.[8][9] In July, a Republican senator introduced a motion, which passed later that year, censuring McCarthy for acts that "tended to bring the Senate into dishonor and disrepute, to obstruct the constitutional processes of the Senate, and to impair its dignity."[10]
In his review of the film Point of Order that depicted the hearings, Vincent Canby called Welch "one of the great performers ever to appear on the small screen" whether in demanding Cohn expose the security risks in the nation's defense plants or accepting a heavily insincere compliment from Cohn, in a manner which demolished Cohn.[11]
Welch's "Let us not assassinate this lad further, senator" passage appears as an excerpt in the R.E.M. song "Exhuming McCarthy" on their fifth studio album, Document.
