Pentagon Papers trial

Press, Volume CXII, Issue 32965, 11 July 1972, Page 13

Pentagon Papers trial

(N.Z.PA.-Reuter— Copyright) LOS ANGELES, July 10. The long - delayed “Pentagon Papers trial” will begin in Los Angeles today, when two former research experts will face charges of theft, conspiracy, and espionage at a hearing that they hope will resolve itself into an indictment of the Vietnam war.

Daniel Ellsberg, aged 41, and Anthony Russo, aged 35, former colleagues in the Rand Corporation Research Institute, are accused of stealing the secret Vietnam war papers, which they “leaked” to the press. Publication of parts of the documents in the “New York Times” and “Washington Post” last year caused a

political controversy over undisclosed Government involvement in Vietnam. The trial, delayed for months by pre-trial motions, will be expedited in its opening phase by Federal District Judge Matthew Bryne’s himself questioning the jury. Jury selection in other highly-publicised Californian trials has often lasted a month or more, because of protracted questioning by prosecution and defence lawyers. Judge Byrne’s handling of the questions is expected to reduce the selection time to a few days. The defence has been given 14 challenges, and the prosecution six, against jurors chosen by the judge. The trial itself is expected to take between 10 and 12 weeks. The case does not involve the actual “leaking” of the papers to the “New York Times,” but to the period between March. 1969, and September, 1970, when Ellsberg and Russo are alleged to have taken various volumes of the 38-volume

study, and to have handed them to “persons not authorised to receive them. Ellsberg, a former “hawk” on the Vietnam war who later became a “dove,” was one of the 36 authors who co-operated on drawing up the study of Vietnam war decisions between 1945 and 1967 commissioned by the former Secretary for Defence (Mr Robert McNamara).

Ellsberg is charged with one count of conspiracy, five counts of theft of Government property, and six counts of violating the Espionage Act. Russo is charged with one count of conspiracy, one of receiving stolen Government property, and two of violating the Espionage Act. Both have pleaded not guilty. Ellsberg has publicly admitted “leaking” the documents, but contends that he did not commit any crime. The defence will attempt to prove that “leaking” classified documents is a common practice among Washington bureaucrats.