Thursday, July 26, 1973
THE SUMMER DAILY
President must respond to
WASHING;TON ' L--Legal and con-
gressional pressure on President Nixon
snowballed yesterday as three subpoenas
for White Ilouse tapes and documents
awaited his response and John Ehrlich-
man testified that 00ixon'sordervsmay
hse led to the Ellsberg break-in.
Nixon has until 10 .s. this morning to
respond to the subpoeas isted by the
Senate Watergaite Committet. and Water-
gate prosecutor Archiblid Cox. leptty
White house Pre -sCrttrs erald War-
ren said sesterdav the president wilt con-
tine to refise t ak 'ivcpubtit. thy tapes
EIRICHM\iAN TESTIE F ) y strday'
that Nisxos orders "tt take such step
as wre necessary" t crck the Iteota.
gon Papetrs l iseticsld live ls4 Egil
Krogh, head of th Wit Htose "pmlit-
ers" , it,t to be;ie it te break-in at !aJ
iel E' sberg's psychitrist's office would
be sli right.
E h rlichmit lutiever, denied prtr tes-
titmiry bts Jlts 1-atithvt he hrid relived
any iresidintii uf of executive ciLi-
envy l1) tie WX0eg -P bgrg-i-Oirs
t'he forer Nis dimestic ad er ftw-
tier dnied tt ie hid ever told Dean
to "deep six" °i-teri1s liken from the
safe of convicted Waltergite conspirator
EHRLICHMAN ALSO gave his account
of conversations April 5 and 7 with U.S.
District Cotiurt Judge Matt Byrne, in
which he said he sounded out the Penta-
gon Papers judge about appointment to
head the FBI
He said he did so on the President's
instructions, but made no firm offer to
Ebrlifhisan stuid he stisintintg its-
priper in that. atlhoutgh Byrnieseas at the
tine presidinginit the Pentagton Papers
tril. He said it was not an attempt to in-
fluence the trial.
ALTHOUGH HE KNEW of the Ellsberg
burglary, a key factor in dismissal of the
Pentagon Papers charges on May 11,
Ehrlichman said it would iot have been
proer for him to tell the judge about
If what I tdid wasimproper that would
have been impropriety squared,' Ehr-
He said he was under instructions front
Nixon not to discuss the secret White
House investigation of leaks by Krogh's
unit. Fttrthertnore, he said, the burglary
bore on the trial, so it would- have been
wrong to raise it with Byrne.
THE GOVERNMENT LATER advised
the judge of the burglary and of wiretaps
on Ellsberg, leading Byrne to dismiss
charges against Ellsberg and Anthony
Rosso in the Pentagon Papers case.
MEANWHILE, CONGRESSIONAL re-
action to the deepening legal tangle varied
front ftill support for Nixon's position to
See SUBPOENA, Page 11
ALTHOUGH HE SEEMS to be giving the peace or victory sign, Sen. Howard Baker (R-Tenn.) of the Senate Watergate com-
mittee merely holds up his fingers as a symbol of quotation yesterday as he gives his views on the debate of Presidential
power. The argument centers on the President's right to abridge the Fourth Amendment in relation to the Ellsberg break-in.
Two constitutional law professors at the
University have commented on the current
Watergate constitutional crisis. Prof. Ter-
race nSandalowbelieves there will be a
great temtptation fur the couris to duck
the issue altogether on the grounds that
the broad implications of Watergate, in-
cluding the relationship of the executive
and legislative branches, extends beyond
the scope of the federal court system. Tak-
ing a more optimistic stance Prof. Robert
Burt says, "The basic issue at stake is the
question of the president's involvement.
This appears to be a political matter out-
side the office of the President."
Yokes on who
URBANA, Ill. - A 27-year-old man here
has been arrested by FBI agents and
charged with posing as a former prisoner
of war to get a date, dinner and room
from Playboy Clubs International. The
prank could be a costly one. The crime
is punishable by up to three years in pri-
son or $1000 fine.
The Bach Club.will meet at 8:00
p.m. at 730 Tappan. The music of Couperin
and Byrd will be down on the harpsichord
. .. the Ann Arbor Democratic Party will
hold its regular monthly meeting at 7:30
p.m. in the Michigan Union Assembly
Hall . . . the film "Boys in The Band"
will be shown at 7:30 and 9:30 p.m. in
Aud. A, Angell Hall . . . "David Lean: A
Self-Portrait" will be shown in Aud. 3,
MLB, 7:00 p.m. . . "Billy Jack" will be
shown at 8:00 and 10:00 p.m. in the Nat.
Sci. Aud. . . Shaw's "Mrs. Warren's Pro-
fession" will be presented at the Power
Center at 8:00 p.m. . . . the University
Summer Session Symphony Band will play
at Poolside at the School of Music at
The gnomes at the weather service pre-
dict a partly sunny day with afternoon
temperatures climbing up iota the mid-
NEW YORK (at}--A federal judge ruled
yesterday that the U.S. bombing of Cam-
bodia is unconstitutional, and he enjoined
further military operations in that country
without congressional approval.
"There is no existing congressional
authority to order military forces into
combat in Cambodia or to release bombs
over Cambodia," declared U.S. District
Court Judge Orrin Judd in Brooklyn.
HE STAYED the execution of the in-
junction until 4 p.m. EDT tomorrow to
allow the government to appeal.
U.S. Attorney Robert Morse said he was
consulting with the Justice Department on
whether to appeal. He declined to assess
the impact of the rulings, saying he want-
ed time o study the decision.
The ruling come its a suit brought by
Rep. Elizabeth Holtzman (D-N.Y.) and
three Air Force fliers based in Guam. It
sought to have the Cambodia operations
declared unconstitutional on the ground
that the President had usurped Congress'
power to declare war.
THE PLAINTIFFS pressed the suit even
after both houses ofCongress voted to cut
off funds for the bombing and, in a com-
promise, the President agreed to halt the
air war by Aug. 15.
In arguing the case on July 6, the gov-
ernment held that the Cambodia opera-
tiong were "part and parcel of a war that
has continued for many years. Now one
phase of that war is continuing."
Judd, however, maintained that the
question at issue was whether Congress
has authorized bombing in Cambodia after
the wtdawal of American troops from
Vietnam and the release of prisoners of
"THE EXTENT OF the power granted
by Congress," wrote Judd; "depends on
the language used by Congress, not on
the President's statements to Congress. An
emergency does not create porer unless
Congress has granted it."
Holtzman, who defeated Emmanuel Cel-
lar last year in a New York Democratic
primary, said that she was "extraordi-
narily pleased" by the decision.
Burt Neuborne, assistant legal. director
of the American Civil Liberties Union,
which represented the plaintiffs, said he
was "delighted" and that he thought it
was a "significant opinion."
"I THINK IT means two things," he
continued. "First, that unless the Court
See U.S., Page 10
Education unit moves to
okay 'disruptive school'
By DEBBIE GOOD
and BONNIE CARNES
During a meeting that drew over 40
spectators the Ann Arbor Board of Educa-
tion gave a virtual go ahead last night to
a proposed school for "disruptive stu-
The board voted to take applications
for the school directorship and lease a
site. The controversial plan, however, first
proposed by board member Cecil Warner,
will probably not get formal approval
until Aug. 8.
THEORETICALLY THE school is de-
signed to prepare suspended students to
re-enter their regularly assigned schools,
but the plan has come under attack as a
means of discriminating against minority
groups and lower income students.
Proponents of the plan see the proposal
as a means to insure "safety in our
schools." The school system's adminis-
tration was charged w i t h formulating
the plan after repeated violence in the
local high schools during the past aca-
Vital social services in the high schools
would have to be cut in order to fund the
program, according to school board mem-
ber Pat Pooley. The cost of the prrugram
is presently estimated to be over $300,000.
POOLEY ALSO objected to the "mini-
mal" amount of community, teacher and
student in-put when the plan was formu-
lated. She questioned how successful the
See NEW, Page 10