ZZIhjau t aaU i1 FRIZZING High-84 Low-58 Humid, chance of thunderstorms Vol. LXXXI I, No. 29-S Ann Arbor, Michigan-Tuesday, June 20, 1972 Ten Cents Twelve Pages High ourt rules against unauthorized wiretapping WASHINGTON (A - The Supreme Court yesterday ruled unconstitutional the Nixon administration's wire- tapping of suspected domestic subversives without judicial permission. 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 this week." 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- sented. -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 said. 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. -Daily-Denny Gainer THREE ANN ARBOR POLICEMEN escort a protestor away from Saturday's Diag dig-in. 35 per- sons were arrested in connection with the demonstration. Police coildeTned.in Anti- gatheri police Saturd The Saturd crater versity were, City H 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." n, pac- before rs and e crowd organ- ally to omise," should 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 arrest them." 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- timidated people." EXPECTS 200 DELEGATES McGovern to win N.Y. harvey joins aip 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 vital matter." 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- fied 2. 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 "I'm proud to be an American ... I am and have been independent." Sheriff Harvey SEE STORY, PAGE 3