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September 12, 1973 - Image 3

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Michigan Daily, 1973-09-12

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Wednesday, September 12, 1973

i+iE MICHIGAN DAILY

Page-Three

Wednesday, September 12, 1973 il-IE MICHIGAN DAILY i~'age~ Three

District court judge agrees
to delay Mitcliel-Stans trial

NEW YORK (Reuter) - U.S.
District Court Judge Lee Gag-
liardi, acting on a recommenda-
tion of a federal appeals court,
yesterday agreed to a delay in
the conspiracy and perjury trial
of former Nixon cabinet members
John Mitchell and Maurice Stans.
Gagliardi suggested that at-
torneys for the government and
the defense confer "to see if they
can agreed on a mutually accept-
able trial date."
BOTH MITCHELL, former at-
torney-general, and Stans, form-
er commerce secretary, were
scheduled to go on trial yester-
day.
They are accused of conspiring
to hide a $200,000 secret campaign
contribution made in 1972 by
fugitive financier Robert Vesco
to the Committee for the re-
election of President Nixon.
Their trial was postponed tem-
porarily this morning to await
a decision by a three-judge fed-
eral appeals court on a motion
by defense lawyers for a delay.
JUDGE GAGLIARDI acted af-
ter the appeals court recommend-
ed that he order a delay.
The appeals panel made their
recommendation after two of
the judges, Henry Friendly, who
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presided, and Wilfred Feinberg,
said they did not believe the ap-
peals court had the authority to
order a delay in the trial.
The third judge, J. Edward
Lombard disagreed with his col-
leagues, saying he thought the
case was sufficiently important
to require direct appeals court
intervention and that the appeals
panel should order a delay.
IN SEEKING a delay, attorn-
eys for Mitchell and Stans argued
they did not have sufficient time
to consult with their clients to
prepare for the trial.
The attorneys stressed t h a t
both defendants have been ap-
pearing before various govern-
ment bodies since their indict-
ment on conspiracy and perjury
charges last April, and had not
had an opportunity to consult with

their lawyers to prepare a de-
fense.
This lack of preparation would
deny Mitchell and Stans their
right to a fair trial if it had
begun yseterday as scheduled,
they maintained.
JUDGE LEE GAGLIARDI pre-
viously denied numerous defense
motions to delay the trial, dis-
miss the charges, or change the
location of the trial to another
jurisdiction.
Gagliardi has called the case
"basically a simple one," an
opinion with which. Friendly and
Feinberg disagreed.
"We cannot agree with the
trial judge that a 16-count, 46-
page indictment with 60 pages of
a bill of particulars is a 'simple'
case," the two appellate judges
added.

THE MICHIGAN DAILY
Vol. LXXXIV, No. 6
Wednesday, September 12, 1973
Is edited and managed by students at
the University of Michigan. News phone
764-0562. Second class postage paid at
Ann Arbor, Michigan 48106. Published
daily Tuesday through Sunday morning
during the University year at 420 May-
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Subscription rates: $10 by carrier (cam-
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NOt
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AP Photo
SECRETARY OF STATE DESIGNATE Henry Kissinger talks with Sen. Charles Percy (R-Ill.), a member of the Senate Foreign Rela-
tions Committee, yesterday prior to Kissinger's appearance before the committee.
Rlchardson wl supp
wiretap report on Kissinger

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WASHINGTON () - A t t y.
Gen. Elliot Richardson yesterday
agreed to supply an FBI wire-
tap report to senior senators in a
move that could smooth the con-
firmation of Henry Kissinger as
secretary of state.
Sens. Clifford P. Case (R-N.J.)
John Sparkman (D-Ala.), of the
Foreign Relations Committee
were set to meet at the Capitol
in late afternoon with Richard-
son sand his acting deputy, Wil-
liam Ruckelshaus.
"AS THE TEMPER seems now
I don't think there will be an
impasse," Case said.
Meanwhile, committee Chair-
man J. W. Fulbright (D-Ark.)
said the committee would vote

Tuesday on Kissinger's nomina-
tion to succeed William Rogers.
Case last week proposed that
no action be taken until the FBI
submitted summaries of the
wiretapes reportedly made be-
tween 1969 and 1971 with Kissing-
er's acquiesence. Thirteen Nixon
administration officials, including
members of the National Security
Council staff, and four newsmen
were the-targets of the wiretaps.
KISSINGER DEFENDED the
"bugging" as a painful but ne-
cessary step to plug leaking to
the press of sensitive material.
He declined to furnish details.
On Monday the committee vot-
ed unanimously to seek a sum-
mary from Richardson. The at-

torney general agreed but said
"raw files" on individuals would
be held back. Case and Sparkman
told newsmen, meanwhile, that
the committee had never re-
quested such undistilled data.
In his third day as a witness,
Kissinger assured the committee
that he did not participate in a
plot by White House "plumbers"
to connect the late President John
Kennedy tothe 1963 assassina-
tion of South Vietnam President
Ngo Dinh Diem.
"IT IS a very dangerous busi-
ness for one administration to
begin investigating its predeces-
sor," he said.
Kissinger promised that as sec-
retary of state he would never

authorize procedures like t h e
search of department files made
by Howard Huit, later convicted
of conspiracy in the uJne 1972
break-in of Democratic headquar-
ters at the Watergate.
The nominee also disputed a
report in the Boston Globe that
he leaked substantial amounts of
closely guared diplomatic ma-
terial to a writer, John N e w-
house, for his book, "Cold Dawn:
The Story of SALT," about the
U.S.-Soviet arms limitation talks.
Kissinger began: "I could have
done without that particular
story." He said it "illustrates
some of the difficulties of public
service at this time. It seems
imperative for every motive to
be questioned."

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