Replay Sonntag, 6. Mai 1973

Ellsberg Judge's Act Cited In Plan to Ask End of Trial; 2 Other Grounds

Date: 07 May 1973

By MARTIN ARNOLD

Martin ARNOLD

defense attys in Pentagon papers trial plan to ask US Appeals Ct to dismiss case against D Ellsberg and A J Russo on ground that White House tried to compromise trial judge W M Byrne Jr by arranging 2 meetings between him and White House aide J D Ehrlichman during which Byrne was offered job as head of FBI; say that final decision on when to go to higher ct will be made by defendants; one grounds for going to higher ct is that case is one of selective pol prosecution directed from White House, rather than normal criminal prosecution directed by Atty Gen; other is what defense terms 'long history' of Govt 'misbehavior' in case; writ of mandamus drawn up during past weekend asserts that Byrne did not volunteered information on his meetings with Ehrlichman only after news of meetings was published in newspapers, and that even then disclosure came about after defense solicited statement from Byrne; proposed writ charges 'selective political prosecution' stemming from allegation that E H Hunt Jr, convicted Watergate conspirator, leaked 'top secret' information to now defunct Life magazine and was not prosecuted for it

Full Article

Ex-Aide to Nixon Submits Affidavit in Ellsberg Case; Material Is Listed Other Developments Maps Also Found

Date: 06 May 1973

BY MARTIN ARNOLDSpecial to The New York Times

former White House aide E Krogh Jr has sent directly to Fed Dist Judge W M Byrne Jr, presiding over Pentagon papers case, affidavit in which he reptdly discusses break-in at office of D Ellsberg's former psychiatrist Dr L J Fielding; defense attys in Pentagon case have asked that affidavit be turned over to them on May 7; AP repts that Krogh admitted in affidavit that he supervised from White House operation that led to break-in at Fielding's office; defense atty L B Boudin, citing Pres Nixon's latest orders on exec privilege, says that he will move again on May 7 for immediate dismissal of case, on ground that it will now be impossible to get at truth of link between Watergate scandal and Pentagon papers trial; holds Nixon's decision that even former Pres aides will not testify with respect to communications with him means that J D Ehrlichman and E Krogh Jr and possibly R C Mardian cannot tell ct extent of Pres's involvement in prosecution; says Nixon has taken equivalent of 5th Amendment privilege against self-incrimination; holds that there is no way to continue Pentagon case when no one knows what was in files that were burned by former acting FBI dir L P Gray 3d; J W Dean, Nixon's former counsel, turns over to FBI list of effects taken from White House office of E H Hunt Jr, which includes .25-caliber Colt revolver, several files marked 'Pentagon Papers' and 'Ellsberg' and electronic equipment

Full Article

PROSECUTORS ACT; Names Not Known Rare Legal Problem Issue Call After Hunt Testifies He Utilized Agency Equipment C.I.A. Aides Summoned to Explain Agency's Role in Ellsberg Case. Basic Question Posed Can't Sit Around Got Classified Material Krogh Given Task Profile Prepared Bogus Passport Used

Date: 06 May 1973

Special to The New York TimesBy SEYMOUR M. HERSH

rev of recent events involving disclosure by Fed Dist Judge W M Byrne, presiding over Pentagon papers trial, that he was approached twice by Nixon's former top advisor J Ehrlichman and reptdly offered Govt position, and subsequent motion by defense attys that charges against defendants D Ellsberg and A J Russo be dropped; holds that there has never been such an intrusion into judicial process by exec branch as there is in Pentagon papers trial

Full Article

CUSHMAN NAMED; Sources Say General Acted Upon Request By Ehrlichman

Date: 07 May 1973

By SEYMOUR M. HERSH

sources close to Watergate case rept on May 6 that Gen R E Cushman, who in '71 was Deputy Dir of CIA, authorized use of CIA material and research in burglary of office of D Ellsberg's former psychiatrist Dr L J Fielding; rept that Cushman acted at request of J D Ehrlichman, Nixon's former chief asst for domestic affairs; Cushman was questioned by FBI late last wk and reptdly accepted full responsibility for decision to permit agency to help E H Hunt and G G Liddy prepare for break-in; 2 sources confirm on May 6 that E Krogh, White House staff member, with whom Hunt reptdly had arranged for CIA cooperation, did not have authority to deal directly with CIA on such matters as arranging help for clandestine operation inside US; hold that Krogh enlisted help of CIA through his superior, Ehrlichman; CIA officials refuse to comment on reptd link between Ehrlichman and Cushman, but 1 official does confirm rept in May 6 Washington Post that agency's psychological profile of D Ellsberg had been prepared and provided over protests of some agency officials; Dr B Melloy, in charge of agency's psychological profile according to Hunt's testimony, reptdly told his superiors that providing such study for domestic purposes was error in judgment; illus of Cushman being sworn in as Deputy Dir of CIA in '69 by Nixon

Full Article

A Durable Amendment

Date: 07 May 1973

By Robert W. Reserve

Robert Reserve

Comment by R W Meserve, pres of Amer Bar Assn, excerpted from speech before Natl Press Club on press freedom in light of apparent restraints imposed upon press by Govt; holds that tradition of free press is so deeply ingrained in our soc that it is going to survive any effort to seriously restrict it; says that great diversity of Amer press will provide balance of pol thought and ideas which is its great strength

Full Article

OWNER DISCUSSES NEW DAILY HERE; To Use Lithograph Aimed at Affluent Plans to Put Out Afternoon Paper by End of '73

Date: 06 May 1973

By DAVID BIRD

David BIRD

J M Shaheen repts that he plans to publish new afternoon newspaper in NYC by end of '73, with possible name NY Press; says he views venture as potential source of profit and as means of supporting Pres Nixon; says paper will primarily be competing with Wall St Journal; B Mair, former pres of now-defunct Newark News, has been handling early details of getting paper organized

Full Article

Federal Bar Group Opposes 'Absolute' News Privilege

Date: 07 May 1973

US Atty J L Browning Jr on May 6 releases results of poll taken by Fed Bar Assn's Criminal Law Com which found that its members 'decisively rejected' concept of 'absolute' newsman's privilege; com repts that of its more than 500 atty members, 87% felt any such privilege should not provide reporters with absolute right to have otherwise valid subpoena quashed and newsman should be required to appear before ct or grand jury in response to such subpoena

Full Article

Omaha Printers Stay Out

Date: 07 May 1973

Union printers remain off job on May 6 at Omaha World-Herald as strike continues for 3d day; newspaper continues to be published with management and other nonunion personnel working strikers' jobs

Full Article

White House and Watergate: Some Questions and Answers; Q. Was President Nixon himself involved in either part of the Watergate plot?

Date: 07 May 1973

By CHRISTOPHER LYDON

Christopher LYDON

article in question-answer form attempting to suggest often inconclusive dialogue between newsmen and most knowledgeable sources, specifically on matter of how high and how broadly Nixon Adm was involved in Watergate bugging and ensuing cover-up

Full Article

Wiretap Orders Reported Gone From Hoover Files

Date: 07 May 1973

Special to The New York Times

Time (pub) repts in its May 7 issue that official documents authorizing wiretaps on telephones of reporters and White House aides disappeared from personal files of then FBI dir J E Hoover in spring of '71 after he threatened to disclose existence of taps; wiretapping authorizations, reptdly signed by then Atty Gen J N Mitchell over 2-yr period from '69 to '71, were ordered by Pres Nixon in attempt to discover source of 'leaks' of Govt secrets to press; Time repts Hoover threatened to reveal taps because he was anxious over what he believed were attempts by Nixon Adm officials to force him into retirement; several Justice Dept officials express skepticism that Hoover would have attempted to use authorizations as such a weapon, and say they doubt that anyone unfamiliar with bur's procedures could have removed documents in question from its complex files; W M Felt, who reptdly was asked to investigate disappearance, may have asked R C Mardian, who at that time headed Justice Dept's Internal Security Div, if he knew who had taken files; Mardian is reptd to have said 'Ask the President. Or ask Mitchell'

Full Article