Page Two

THE MICHIGAN DAILY

Wednesday, June 23, 1971

Courts restrain publication of war study

(Continued from page 1)
stories about the secret papers
and said the ban would last until
the court could rule on the gov-
ernment's claim that disclosure
of the documents would threaten
national security.
Erwin Griswold, the U.S. So-
licitor General, said the Penta-
gon can complete a review of the
study within 45 days and is will-
ing to remove its objections to
printing any portion that will have
been declassified.
Both the Times and the Post
had been under restraining or-
ders issued earlier. The govern-
ment took the cases to the ap-
peals court after district court
judges denied requests for in-
junctions against the papers.
The Chicago newspaper printed
what it said were cop secret
State Department documents
showing that high ranking Ken-


nedy administration officials had
intimate knowledge of the 1963
coup that toppled South Vietna-
mese President Ngo Dinh Diem.
The copyright article in (he
paper's second edition for today
also printed the partial text of
memo from Roger Hilsman, then
assistant secretary of state, to
Secretary of State Dean Rusk.
The Sun-Times said the memo-
randum, dated Aug. 3% 1963,
recommended the United States
encourage and assist a cop
against Diem.
Diem was assassinated later
that year.
Government officials, miean-
while, announced plans to re-
view and declassify parts of the
study. Defense Secretary Mel-
vin Laird said he had ordered
the censors to "move as rapid-
ly as we possibly can."
He also said "I would assume


on stolen papers there would be
some action" in the way of crim-
inal lithigation by the Justice De-
partment against those who pro-
vided the once-secret papers to
newspapers. -
Laird said he plans to meet
today with members of the For-
eign Relations Committee and
other congressmen and senate
who have demanded release
the 47-volume study of the war
ordered by former Secre
Robert McNamara.
In other developments yester-
day:
-The Baltimore Sun reported
unnamed South Vietnamese of-
ficials were afraid publication of
the study might result in a faster
U.S. pullout. It quoted a finance
official as saying, "Senators and
congressmen are going to feel
they have been played for fools
. . but the only people who are
left on whom they can take out
their anger are the South Viet-
namese."
-W.W. Rostow, former White
House advisor to Johnson, said
in an article in the Times that
the positions he took in shaping
American policy in Vietnam
were "deeply rooted" in moral
considerations.
He said the nation's "power
interest" lay in preventing domi-
nation by a single potentially hos-
tile power in Europe, Asia or the
Western Hemisphere. He said
this objective was "morally legi-

timate" because it was in ac-
cord with "the interests of the
majority of the peoples and na-
tions of Europe. Asia and Latin
America."
-The Boston Globe said Daniel
Ellsberg, a former Defense De-
partment employe identified y
one source as the san responsi-
ble for giving the study to the
Times, "expects to comment pub-
licly in a week or two on his role
in the unearthing of the .
study, . .
-Rep. Paul McCloskey Jr. (R-

Calif.) said he will try to put on
the public record documents
which he assumes are working
papers for the Pentagon study.
He said the documents show the
late Robert Kennedy suggested
in 1963 that America pull out of
Vietnam. The suggestion, Mc-
Closkey said, came during a
State Department Penta ,on
clash on overthrowing Ngo Dinh
Diem.
McCloskey said that in the end
the United States "encouraged
and authorized" the military coup
in which Diem was killed.

Third newspaper barred
from printing war study

3

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(Continued from page 1)
now retired, said he did not re-
member making any demand for
use of nuclear weapons.
"I don't remember that a dis:
cussion of nuclear weapons ever
came up at that meeting," Felt
said. "I would have to try to dig
into my memory of that June
meeting to determine if it was
a subject."
Felt said he always doubted
that authority would be given to
commanders for use of nuclear
weapons. "It has always been
clear that this final decision
would be the commander-in-
chief's," the admiral said.
The paper also said it was
making public for the first time
"the role of the Kennedy admin-
istration in the escalation of
the war." It said that as -early
as 1961 President Kennedy "had
approved programs for covert
action" in Vietnam.
In ordering publication sus-
pended until Friday's hearing,
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4 11

Julian concluded that no sub-
stantial harm would be done
The Globe by a delay of a few
days, but "immediate and ir-
reparable injury" could result to
the plaintiff and national secur-
ity by going ahead with publica-
tion before a hearing.
"The court is satisfied," he
said, "that plaintiff's (Depart-
ment of Justice) application for
a restraining order should issue
pending a hearing . . . because
it appears reasonably probable
that immediate and irreparable
injury will result to the plain-
tiff and the national security
before a hearing can be held qn
the application for a prelimin-
ary injunction."
James Gabriel of the Boston
office of the Defense Depart-
ment said the restraining order-
was necessary "in the interest of
national defense."
Julian asked a lawyer for the
Globe, "What harm can come
to the Globe if material not
published for years were delayed
a few more days . .. to 'wait
until this is thrashed out" in dae
higher courts.?
"No harm, your honor," an-
swered Robert Haydock, Globe
attorney, "but it is a matter of
principle."
"I presume the Globe will suf-
fer no harm if it is restricted
temporarily," Julian said.
Gabriel told the judge, "This
is a matter to be proved at a
hearing. We must compile in-
formation. We do not know
what is in possession of the
Boston Globe."

,I

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