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Vol. LXXXI I, No. 29-S Ann Arbor, Michigan-Tuesday, June 20, 1972 Ten Cents Twelve Pages
High ourt rules against
WASHINGTON (A - The Supreme Court yesterday
ruled unconstitutional the Nixon administration's wire-
tapping of suspected domestic subversives without judicial
Justice Lewis Powell, an administration appointee, delivered
the 8-0 opinion against unchecked surveillance power in a case in-
volving Lawrence (Pun) Plamondon, one of the.former leaders of
the White Panther Party accused of dynamiting - a CIA branch
office in Ann Arbor in 1968. The local White Panther Party be-
came the Rainbow People's Party (RPP) in 1971.
"This is a great people's victory", said Plamondon's wife Genie,
an RPP leader, yesterday. "We're hoping to get Pun out on bond
Powell said the Constitution requires, "a prior judicial judg-
ment" and that the 1968 federal Safe Streets Act does not authorize
eavesdropping without warrants."
The administration contended exactly the opposite - that tap-
ping and bugging against suspected subversives is permissible under
both the Fourth Amendment and the 1968 law.
Powell said the court did not reject these arguments lightly
"especially at a time of worldwide ferment and when civil disor-
ders in this country are more prevalent than in the less-turbulent
periods of our history."
But, he said, the needs of citizens for privacy and free expres-
sion are better protected by requiring a warrant before surveillance.
The decision expressly leaves open the question of wiretapping
without warrants against "foreign powers or their agents." Simi-
larly, the court left to another day a ruling on the 1968 wiretap
law itself, which was declared unconstitutional recently by Federal
Judge Joseph Lord of Philadelphia.
In other actions the court:
-Ruled unanimously that city-court clerks have the power to
issue arrest warrants. The decision, delivered by Powell, was in a
case from Tampa that involved a man accused of careless driving.
-Rejected appeals by six conservationist groups and the city of
New York for review of plans for the Storm King Mountain power
plant in the Hudson River valley. Douglas dissented.
-Dismissed a challenge to laws in New York that try to match
the religion of an adopted child to the new parents. White dis-
-Agreed to rule next term on whether to set aside thousands
of military convictions for off-base crimes.
-Agreed to hear an appeal next term by New York state to
limit federal civil rights suits by prisoners.
Before his trial, Plamondon requested the logs and records of
any surveillance in an effort to block evidence based on warrant-
less taps. Two federal courts ruled in his favor, leading to the Jus-
tice Department's appeal to the Supreme Court.
The government maintained that revealing wiretap plans to a
judge could create dangers to the lives' of informants and federal
agents and that 'judges do not have the technical knowledge to
pass judgment on national security questions.
"If the threat is too subtle or complex for our senior law en-
forcement officers to convey its significance to a court, one may
question whether there is probable cause for surveillance," Powell
It is expected that the government will drop the charges. Also
charged in the incident were Jack Forrest and Skip Taube.
This is the latest in a series of court victories for the Rainbow
Peoples Party (RPP). John Sinclair, leader of the RPP was freed
in Jan. on a 10 year marijuana possession charge.
THREE ANN ARBOR POLICEMEN escort a protestor away from Saturday's Diag dig-in. 35 per-
sons were arrested in connection with the demonstration.
crater dig arrests
By DIANE LEVICK She urges anyone with in- Over 30 city policemen
-war demonstrators are formation or pictures that can ing the Diag for hours
wngevidencecof alleged be used as evidence to contact the dig, hauled off digge
brutality committed at the Human Rights Party Head- confiscated shovels.
ay's Diag crater dig. quarters on S. Thayer. Plamondon yelled to th
36 persons arrested last Over 500 people gathered Sat- that police and protest
ay in the second bomb urday on the Diag to listen to izers had promised mutu
dig protesting the Uni- fore the simulated bomb craters keep the dig peaceful.
's classified war research were dug at 5 pm to protest the "They broke their pr
arraigned yesterday at University's "complicity with she said. "But I think we
'all. the war. still keep ours."
Most were charged with ma-
licious destruction of property
and released on $25 bond to
stand trial July 11. Several oth-
ers were charged with assault
and battery on police, throwing
sod, and use of firecrackers.
Genie Plamondon, who was
arrested in both the original
bomb crater dig May 19 and
Saturday's protest, said evi-
dence was being gathered to
"bring charges of excessive
force" by police.
Ann Arbor police Chief Walt-
er Krasny said, "The force that
we used was necessary and can
be tested in court.
"If the crowd would have let
the police in, it would have been
simple. When the crowd locked
arms, we used the force that
was necessary to get through to
Plamondon, a member of the
Rainbow People's Party, claim-
ed, "The crowd locked arms to
let some of the people get a
few shovels of dirtabut the po-
lice charged in and started
knocking people down. They in-
EXPECTS 200 DELEGATES
McGovern to win N.Y.
By DEBORA THAL
special To The Daily
NEW YORK, N.Y. - Sen. George McGov-
ern's (D-S.D.) intensive New York campaign is
expected to win him 200 out of 248 delegate
votes in today's Democratic Presidential pri-
mary. Under 200 would be "less than a vic-
tory", according to the liberal senator.
A major victory in New York would put him
within about 200 votes of the 1509 needed for
nomination at the Democratic national conven-
tion to be held next month in Miami Beach.
Opposition in this primary has been scat-
tered and unorganized. Therel has been no other
major campaign thrust: A nebulous uncom-
mitted slate is the basic competition through-
out the state.
The frantic pace of the last week's campaign
slowed down yesterday when McGovern can-
celled his scheduled airport appearances
throughout upstate New York in support of the
airline pilot's strike to protest skyjacking.
"American pilots are under court order to
fly today." "I am not" he said at a morning
press conference. "The Security Council of the
United Nations should now meet without delay
to coordinate actions by all countries on this
McGovern discussed the need for preventive
security at airports, and urged that the three
international treaties against hijacking be rati-
fied by all countries. The U.S. has only rati-
The senator then answered charges by vice
president Spiro Agnew that he was "too soft"
on hijackers by saying, "It's just another one
of the ridiculous things we've come to expect.
I've learned that it's best not to take the vice-
president's charges too seriously on anything."
The Senator also commented on the attempt-
ed wiretapping of the office of the National
See McGOVERN, Page 7
to be an
I am and
SEE STORY, PAGE 3