Ellsberg Judge Says U. S. Must Give Data to Defense; Ellsberg Judge Says U.S, Must Give Data to Defense Secret Analyses Suppression Charged Spare Time Exercise
Date: 31 January 1973
By MARTIN ARNOLDSpecial to The New York Times
Judge Byrne on Jan 30 rules that Govt has some evidence tending to prove innocence of defendants D Ellsberg and A J Russo, contained in Govt's analyses of effect that disclosure of papers had on natl defense; defense atty says they will move for mistrial tomorrow and that they will ask for sanctions against Govt for many mos that it denied that such evidence existed; Byrne may dismiss some of 15 counts against defendants of espionage and conspiracy; defense will now be able to use some of prosecution's own materials when questioning witnesses; Byrne says that portions of Govt's analyses show that disclosure of 11 of 20 top secret documents in case did not affect natl defense; material that Byrne ruled exculpatory is contained in repts written by J F Buzhardt, Natl Security Agency official, who put together analyses; Buzhardt says that until Security Rev Office analyses arrived in Los Angeles from Washignton yesterday, he did not know that they even existed; holds that are not official
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'Publish, and Be Damned'; IN THE NATION
Date: 30 January 1973
By Tom Wicker
Tom Wicker
T Wicker comment on press council; notes that NY Times will not cooperate with council because plan for council is underlied by newsmen's fear of actions Nixon Adm has already taken against press; holds that council's basic idea is to 'clean up' press before Govt comes in to do job; says that Govt, in trying to act through official means to cripple press, will encounter const barriers, Cong resistance and perhaps even some public hostility; notes that press council idea pre-supposes that council itself will be objective and unbiased, when no one can be; holds that anything that tends to enforce its 'responsibility' necessarily will make press less free
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Ellsberg Prosecutor Tied to Studies of Pentagon Papers' Impact; Request by Judge Argument of Defense Request by Judge
Date: 30 January 1973
By MARTIN ARNOLDSpecial to The New York Times
J L Martin, chief of Justice Dept's Internal Security Div Research and Evaluation Section, testifies on Jan 29 at Pentagon papers trial that Govt has done many anaylses to determine whether natl defense has been affected by pub of Pentagon papers and that all of them have long since been turned over to chief prosecutor in case, US Atty D R Nissen; Nissen has been saying since last spring that as far as he knew few such analyses existed; 3 sets of analyses exist; 1st was prepared by Govt for ct case against NY Times after Times made Pentagon papers public on June 13, '71; Judge Byrne presumably has this set; 2d set is one made on or about Dec 13, '71 in preparation for Los Angeles case against Ellsberg and Russo; defense claimed in ct that it was ready to prove that Govt was trying to hide that set because it contained exculpatory material; 3d set was put in motion on Dec 22, '71 and defense contends that these latter analyses, which were turned over to Byrne for most part last wk, were done after Govt became unhappy with results of analyses it had ordered on Dec 13; Nissen claims that none of documents have exculpatory material in them
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Justice Orders Arbitration Of Press Dispute at News
Date: 30 January 1973
NYS Sup Ct Justice T C Chimera on Jan 29 rules that dispute between NY Daily News and NY Printing Pressmen's Union Local 2 regarding 2 new, high-speed color presses must be arbitrated; refuses to grant injunction requested by News that would have barred pressmen from continuing to refuse to operate new presses
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Newspaper Guild Honors 2 for Series on Watergate
Date: 31 January 1973
Newspaper Guild announces that C Bernstein and B Woodward of Washington Post are winners of Guild's '72 Heywood Broun award for their series on Watergate break-in and bugging of Dem Natl hq
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Public TV's Freedom Is Called Stunted; Special Interests et al.
Date: 31 January 1973
By ALBIN KREBS
Albin KREBS
Former Public Broadcasting Corp (PBC) pres J W Macy Jr on Jan 30 says 'the endeavor to establish freedom of expression, with balance and responsibility, has at this point failed' in public TV, speech, 4th annual A I duPont-Columbia Univ Awards in Broadcast Journalism; says public TV's failure in area of public affairs was possibly 'inevitable'; holds Pres Nixon has displayed 'accentuated distaste' for media that began in '71 with all-out attack on public TV's journalism; contends Adm is is unwilling to accept free video journalism supported by Fed funds; maintains he resigned last summer after Nixon's veto of 2-yr public TV funding bill, followed by take-over of PBC bd by Nixon appointees; says cause of public-affairs programing should not be abandoned
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