Replay Mittwoch, 21. Februar 1973

Leaning On A Weak Reed; IN THE NATION

Date: 22 February 1973

By Tom Wicker

Tom Wicker

T Wicker comment on Sen S Ervin's pronouncement that media should not rely on Cong to restore reporter's ability to protect confidential sources, despite fact that he and other Sens are anxious to pass some measure that would undo Sup Ct decision in reporter E Caldwell (NY Times) case; holds that while absolutely pre-emptive bill is pol impossibility, any less sweeping bill will amount to effective Congressional definition of limits of press freedom; holds those limits are likely to be narrowed rather than broadened by later interpretations of judges; says best procedure may not be legislative but rather steady discharge by press of its const responsibilities and steady demand on judiciary that it insure const protection of those responsibilities

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Paradox in Brazil

Date: 21 February 1973

ed on press censorship in Brazil calls some prohibitions ludicrous; notes that Pres Medici's well-entrenched regime has police censors visiting newspaper plants deciding which news stories and eds are printable; O Estado de Sao Paulo, country's leading newspaper, a main target

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A C.I.A. Analyst Disputes General in Ellsberg Trial; GENERAL DISPUTED IN ELLSBURG TRIAL Ruling Reported

Date: 21 February 1973

By MARTIN ARNOLDSpecial to The New York Times

Defense attys in Pentagon papers trial on Feb 20 demand that chief prosecutor D R Nissen be removed from case for misconduct and held in contempt on grounds that he had attempted 'to silence a witness', CIA analyst S A Adams, and that he has sought to supress evidence; demand comes as result of Adams's affidavit for CIA diputing testimony of Lt Gen W G DePuy concerning importance of disclosure of '68 Joint Chiefs of Staff memorandum that DePuy claimed could have been helpful to Hanoi during Vietnam war; Adams' job at CIA was to analyse and rept on statistics involved in Joint Chief's memo; Adams's affidavit details his exchs of memos with CIA gen counsel L Houston and with Justice Dept and his preparation of rept on his findings titled 'possible exculpatory evidence'; says he was assured that this would be sent to Nissen to be turned over to Fed Dist Ct Judge W M Byrne Jr, who is presiding over trial; says on Feb 9 he recd memo from J K Greaney, asst gen counsel to CIA, informing him that Justice Dept had discussed Adams's material with Byrne and that Byrne had ruled that it was not exculpatory; Byrne, on Feb 20, says he has never discussed Adams material with Nissen and that it could be exculpatory; orders Nissen to turn it over to defense but Nissen refuses to comply; Nissen on Feb 7 gave defense notice of information that it said ct 'may consider' exculpatory but did not inform defense that Adams worked for CIA; defense has subpoenaed Adams to testify; asks that Govt be precluded from offering any evidence on Joint Chiefs of Staff memo and that all of DePuy's testimony, and testimony pertaining to memo by Brig Gen P F Gorman be stricken from record; J Butler, Rand Corp employe who used to be co's top secret control officer, testifies on Feb 20 that copy of Pentagon papers that Ellsberg is accused of copying was not in regular Rand security system and that particular set of papers involved in case was listed in Rand's computer as being classified material controlled by corp

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Rhodesia Seizes White Journalist at His Home

Date: 21 February 1973

Freelance journalist P Niesewand is seized on Feb 20 at his Rhodesian home and is taken to Gwelo jail under detention order signed by Justice Min D W Lardner-Burke alleging he was likely to commit or incite commission of act that would disturb or interfere with maintenance of public order; action taken under Rhodesian emergency laws; detention of former Prime Min Todd and his daughter in Jan '72 recalled; Govt refuses comment on reasons for action; Mrs Niesewand comments

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Ellsberg Judge Denies Motion To Remove Prosecutor in Trial

Date: 22 February 1973

US Fed Dist Judge W M Byrne Jr on Feb 21 denies defense motions to remove prosecutor D R Nissen and dismiss indictments in Pentagon papers trial of D Ellsberg and A J Russo; orders Nissen to turn over to defense information sent to Justice Dept in Jan by CIA agent S A Adams; order comes after debate between Byrne and Nissen over alleged attempts by Govt to silence Adams who had information helpful to defendants; L S Resnick, former girl friend of Russo, testifies that she helped Russo and Ellsberg copy top secret documents in '69; says that Ellsberg's son Robert also helped, cutting 'top secret' markings off copied documents

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Ervin Modifies Press Shield Bill; Sees Opposition to Full Immunity; Immunity in 13 States Reporter Praised

Date: 21 February 1973

By DAVID K. SHIPLERSpecial to The New York Times

David SHIPLERSpecial

Sen S J Ervin, chmn of Sen Judiciary Com's Subcom on Const Rights, says on Feb 20 subcom hearing, that bill giving newsmen absolute immunity from forced testimony has no chance of getting through Cong; offers his own bill providing severely limited immunity for reporters who seek to protect identities of their confidential sources; measure would leave newsmen subject to subpoenas where they have 'acquired actual personal knowledge' of crime, either by witnessing it themselves of by receiving 'admission or confession of guilt' from alleged perpetrator; J C Landau (Newhouse Newspapers) and F P Graham (CBS), speaking for Reporters Com for Press Freedom, argue that judges 'have proved ingenious' at making such limitations apply to any case that comes before them; E Caldwell (NY Times) says that his extensive coverage of Black Penthers came to end on day that his subpoena was issued, because Panthers feared that he would become unwilling agent of Govt; Ervin praises Caldwell for resisting subpoena and risking contempt-of-ct citation, adding that he thinks Sup Ct ruling that Caldwell did not have right to refuse to reveal sources is wrong; columnist J J Kilpatrick says he would rather rely on Ct to reverse or soften 'the chilling impact of the Caldwell decision' than see Cong take responsibility; Sens E M Kennedy amd A Cranston call for absolute, unqualified immunity; Sen E J Gurney says that if Cong gives press right to immunity, it should also legislate 'responsibility for full and accurate reporting

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Secrets of Freedom; FOREIGN AFFAIRS

Date: 21 February 1973

By C. L. Sulzberger

C. Sulzberger

C L Sulzberger, in comment on attempts of various democratic govts to breach gap between public freedom and natl security, notes that US Govt is making new effort to solve problem through exec branch's interagency com, representing Depts of Defense, State and Justice, White House, AEC, CIA and Natl Security Agency; com's ideas are to be included in complex legal reform bill which, if drafted in time, is to be presented to Cong in March; Justice Dept wants to simplify existing proceedures by having less official information classified, insisting on swifter declassification procedures, and creating adm set-up to deal with violations of classification; Sulzberger hopes that when legislature has acted, US will find it is leaning neither toward excessive restrictions not toward excessive total license that could destroy freedom's capacity to defend itself

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Kunstler Subpoenas Magazine Over Article on the Brown Case; Details Are Sought Empty Search Indicated

Date: 21 February 1973

By JOHN SIBLEY

John SIBLEY

W M Kunstler, defense atty in H R Brown trial, on Feb 20 presents subpoena to NY Magazine directing editors to produce all of magazine's records relating to Oct 23 '72 R Daley article entitled The Man Who Shot Rap Brown; tells newsmen that he hopes subpoena will produce notes Daley used to write article; says he would not be surprised if magazine decided to fight subpoena; charges that article contained 'demonstrably untrue allegations that were calculated to prejudice prospective jurors' against Brown; says he hopes that subpoena will produce materials that might lend support to his suspicion that article was written with deliberate intention of helping prosecution of Brown and co-defendants; NY Magazine editor-publisher C Felker says pub will comply willingly with subpoena; indicates that it does not have notes used by Daley; says magazine recd 'finished piece of writing'; Asst Dist Atty J T Litman, prosecuting case, says he wrote to pub urging it not to print article; says his opposition to printing of article derived from his 'sincere desire to choose fair and impartial jury' for trial

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EAGLETON BACKS PRESS IMMUNITY; Libel Becomes Key Issue at Senate Panel Hearing Way of Legislation

Date: 22 February 1973

By DAVIE K. SHILPERSpecial to The New York Times

Davie SHILPERSpecial

Sen T F Eagleton says on Feb 21 that newsmen should have right to Keep their sources confidential, even in cases of libel, Sen Judiciary Com Subcom on Const Rights hearing; says some individuals may have to pay price of erroneous journalism but it is necessary in order not to jeopardize free flow of news; reporter B Hume says that if reporters are left without protection for their sources in libel suits, such suits could become more dangerous device for harassment and intimidation of press and its sources than grand juries could ever be; B C Bradlee, exec editor of Washington Post, says he would prefer to rely on 1st Amendment of Const

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MAGAZINE FIGHTS RAP BROWN WRIT; It Moves to Quash Request for Records on Article Two Cases Involved Deliberate Bias Charged

Date: 22 February 1973

By JOHN SIBLEY

John SIBLEY

E D Hamilton, counsel for NY Magazine, on Feb 21 tells NYS Justice A G Fraiman, who is presiding over H R Brown trial, that magazine will make formal motion to quash subpoena calling for unpublished records relating to former NYC Deputy Police Comr R Daley's controversial Oct 23 '72 article entitled The Man Who Shot Rap Brown; subpoena was served at direction of Brown atty W M Kunstler; subpoena charged that article was written deliberately to prejudice prospective jurors against Brown; magazine editor C Felker had announced earlier that publication would willingly provide any material Kunstler wanted; Hamilton, in telephone int, says publication reversed its decision because it feared that Kunstler might use records in $5-million Fed Ct suit against magazine of behalf of Brown; during trial proceedings on Feb 21, Ptl G Hunt identifies Brown as one of 2 men who ran toward him with guns firing; correction on Feb 21 article describing previous day's trial session

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