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About The Battalion. (College Station, Tex.) 1893-current | View Entire Issue (March 1, 1973)
Page 2 College Station, Texas Thursday, March 1, 1973 VlCtVpOlFlt CADET SLOUCH by jim Earie •( jiizrns Ys. Government’ At Stake In Ellsburg Trial “I’m not really going anywhere; occasionally I pack up just because it lifts my morale!” By LARRY MARSHALL In the latest round of the citi zens vs. the government or as it is better known, the Ellsberg-Rus- so Pentagon Papers trial, the de fense has won aquittal on two counts after its first day of testi mony. The defense team, which reads like a Who’s Who among radical cause lawyers, is centering its case on the premise that the de fendants, Daniel Ellsberg and Anthony Russo, did not actually commit a crime in releasing the top-secret papers to the news media. The defense claims the statutes under which they are charged do not cover these spe cific acts. The defendeants are charged with 15 counts of espionage, theft and conspiracy, all stemming from actions taken between March and September of 1969. At that time they photocopyed the study of the “American history of involvement in the Vietnam War,” which Ells berg co-authored and leakedi it to the New York Times and Wash ington Post. Superficially, this case seems to be just a simple violation of accepted legal statutes. Yet, upon closer examination, it boils down to one of either constitutionality or morality. Under the Espionage Act, the Listen Up— Unfair Publicity Charged Editor: I refer in this letter to your Friday, Feb. 23 edition in which two candidates for the office of Student Government president were pictured filing for office. It seems to me that the photo graph and caption in question give quite an unfair advantage to the two candidates who were lucky enough to get in the free publicity. Campus-wide recognition has been given to two of three candidates running for office in this election which is strictly limited in expen diture of time and money. I realize that little, if anything, can be done at this time. I do, however, feel that it has been a mistake on your part and should not be repeated. Doc Shroff, candidate for Student Government President not intended to give any unfair advantage to anyone—Ed. ★ ★ ★ Editor: Well, now that the Board of Directors has decided to make Dunn Hall all male it will be in teresting to watch and see what develops. A few things we might watch are: 1) Will enough men want to live in Dunn at the higher price now that it will be all male? (Perhaps some of the 100 extra dollars was for benefits other than those de rived from the physical being of the dorm) 2) Will Texas A&M ever pro- j gress (Back) to a co-ed dorm? | (It might take another 100 years!) 3) Will “they” move the wash ing machines out? 4) Will the housing office be able to handle all the administra tive details with the present staff? (Maybe the Board of Di rectors could help.) 5) Will the women presently occupying Dunn Hall have a pro test demonstration? (Other uni versities have anti-war marches and anti-military marches.) Brad Bryant Bulletin Board We regret that the candidates and our photographer could not get together at another time. However, you had not filed for the position when the picture was taken. The picture merely showed the first two candidates and was THURSDAY MSC Radio Committee will make plans to move the station and repeater at 7:30 p.m. in the MSC. El Paso Hometown Club will meet in Room 2D of the MSC at 7:30 p.m. \ Association of Students from Mexico will have its picture taken for the Aggieland in Room 3C of the MSC at 7:30 p.m. FRIDAY Aggie Con IV Science Fiction Convention will be on the second and third floors of the MSC through Sunday. SUNDAY A&M Lacrosse Association will play Dallas at the Drill Field at 2 p.m. This is its opening match. Cbe Battalion Opinions expressed in The Battalion are those of the student writers only. The Battalion is a non-tax- supported, non-profit, self-supporting educational enter prise edited and operated by students as a university and community newspaper. Represented nationally by Natiqpal Educational Advertising Services. Inc, New York City, Chicago and Los Angeles. MEMBER The Associated Press, Texas Press Association LETTERS POLICY Letters to the editor must be typed, double-spaced, and no more than 300 words in length. They must be signed, although the writer’s name will be withheld by arrangement with the editor. Address correspondence to Listen Up, The Battalion, Room 217, Services Building, College Station, Texas 77813. er school to 6% ig rate furnished on request. Address: The Battalion, Room 217, Services Building, College Station, Texas 7784?. The Associated Press is entitled exclusively to the use for oduction of all news dispatchs credited to it or not lited in the eprodu therwi: se credited in origin published herein ar paper and local news of spontaneous herein. Rights of republication of all other Members of the Student Publications Board are: idsey, chairman ; Dr. Tom Adair, Dr. R. A. Albanese, K. Hierth, W. C. Harrison, J. W. Griffith, L. E. Kruse Lindse; H. B. B. Sears Jim Dr. and matter herein are also reserved. Second-Class postage paid at College Station, Texas. The Battalion, rblished in Colle; student newspaper at Texas A&M, is Station, Texas, daily except Saturda published in College Station, Texas, daily except Saturday, Sunday, Monday, and holiday periods, September through May, and once a week during summer school. EDITOR MIKE RICE News Editor : Rod Speer Women’s Editor Janet Landers Sports Editor Bill Henry Assistant Sports Editor Kevin Coffey during W.I.N. CONFERENCE - FELLOWSHIP MARCH 2-3, 1973 BAPTIST STUDENT UNION FRIDAY 8:00 p. m. Fellowship Featuring - “THE GOSPEL BLIMP” SATURDAY 7:00 - 11:00 a. m. Breakfast Followed By Talks On Sharing Your Faith In Jesus Christ 1:00 - 5:00 Witnessing To Others On Campus (2 x 2) Conference Cost $1.00 — Call 846-6411 To Make Reservations “THERE IS A NEED FOR PEOPLE LIKE YOU!!” defendants are charged with “un lawful dissemination of classified government studies.” This charge hinges on the proof by the govern ment that Ellsberg and Russo “intended” to damage the in terests of the U. S. Based on the defendants actions and statements on the matter, it appears they felt they had a moral obligation to the people to release this material. At issue constitutionally is the question of legal classification of government information. The de fense claims the material was il legally classified, which does not make them guilty of a crime. Congress has not passed any leg islation giving the executive pow er to classify information, but in the past the President has been able to do this by “Executive Order.” At question is does this carry the force of law. The theft charges are also on shaky ground, the defense claims, for nothing was physically taken. The papers were photocopyed by Ellsberg; his daughter, Mary; his son, Robert; Lynda Sinay Resnick and Vu Van Thai, a former South Vietnamese ambassador to the U. S. And then there’s the question of how can a person steal some thing he himself wrote? To counter this the prosecution has charged the defendants with “theft of the arrangement of the words on the pages,” and the “ideas conveyed by that arrange ment.” All through the trial, the gov ernment has tried to show that the publication of the papers en dangered national security. But, in light of the developments, or should I say non-developments in the more than a year since publi cation, this is hard to prove. The court, located in Los Angeles, is headed by U.S. Dis trict Court Judge William Mat thew Byrne Jr., a newly appoint ed magistrate who is taking an activist role in the proceedings. The jury consists of 10 women and two men. Defending Ellsberg is Leonard Boudin, late of the Berrigan case. Representing Russo is Leonard Weinglass of Chicago Seven fame. Supporting these two is a cast of attorneys and New York’s dovish former Sen. Charles Goodell. As the trial moves on, it has become clear that the government is trying to keep the context of the trial as narrow as possible. It has moved to have all courtroom references to the “public’s right to know” stricken, while the de fense has tried to broaden the context. It wants to have the final four volumes of the papers, dealing with peace overtures, re leased. But, it is looking more and more like the case will turn on the government’s right to enforce and punish violations of its secur ity, a right commonly held neces sary in these days and times. And it seems that in the long run the most notable thing about the papers will be not what they con tain, but the legal and ethical issues they have brought to light. 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