• 

USCIB: 13.5/89 

23 November 1954 

GONFIBBM!IAfi 

MEMORANDUM FOR THE MElfBERS OF USCIB:: 

Subject: Compromise of COMINT (Petersen). 

1. The enclosure hereto is circulated for information in 

connection with subject case. 

2. It is understood that the hearing on the motion indicated 

in the enclosure lV'ill take place on 3 December 1954. 

3. The enclosure hereto is UNCLASSIFIED and may be so handled.. 

However, it is considered that this memorandum requires classification 

in order to protect the fact of the Board's interest in this case. 

Enclosure 

a/s 

USCIB: 13.5/89 

24 

Declassified and approved for release by NSA on 02-20-2014 pursuantto E.O. 1352a 
REF ID:A5930. 

IN THE: UNIT.l!:D STAT.l!:S DISTRICT COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

ALEXANDRIA DIVISION 

UNITED STATES OF AMERICA • • 

vs. . . JOSEPH SIDNEY PETERSEN, JR., . • _, 

Defendant. • • 

:U:OTION 1Q DISMISS 

JOSEPH SIDNEY PETERSEN, JR. moves the Court to dismiss 

the allegation contained in Paragraph I, Count I of the Bill of 

Particulars heretofore filed by the United States as being lrl.thout the applicable Statute of Limitations. 

Attorney for the Defendant 

CERTIFICATE OF SERVICE 

I certify that I served a true copy of the within motion 

on John F. Reilly, Special Assistant to the Attorney General, Room 

3262, Department of Justice, Washington, n.c. in his capacity as 

counsel for the u. s. of America in the case of the U. s. of Am. 

vs. Joseph Sidney Petersen, Jr. on this, the 19th day of November, 

1954. 
.,, ' 

REF ID:A59302 

e 

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

ALEXANDRIA DIVISION 

UNITED STATES OF AMEID:CA : 

vs. . . JOSEPH SIDNEY PETERSEN, JR., 

Defendant. 

• • 

. 

• 

POINTS AND AUTHORITIES IN SUPPORT 

OF MOTION TO DISMISS 

Title 50 u.s.c. 31 1946 Ed 

Title 18 u.s.c. 793 

Section 19 Internal Security Act of 1950 

Title 18 u.s.c. 32B2 

u. s. Code and Congressional Service 8lst Congress 

2nd Session 1950 p.3905 

Attorney for the Defendant 

CERTIFICATE OF SERVICE 

I certify that I served a true copy of the within motion 

on John F. Reilly, Special Assistant to the Attorney General, Room 

3262,, Department of Justice,, Washington,, D. C. in his capacity as 

counsel for the u. s. of America in the case or the u. s. of Am. 

vs. Joseph Sidney Petersen, Jr. on this, the 19th date of November~ 

1954. 
... 

\ 

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DIS'J.RICT OF VIRGINIA 

ALEXANDRIA DIVISION 

UNITED STATES OF AMERICA 

vs. 

JOSEPH SID:NEY PETERSEN, JR., 

Defendant. • • 

MOTION l'.Q DISMISS 

CCMES NCW, Joseph Sidney Petersen, by counsel, and 

moves the Court•to dismiss: 

I 

Count One of the Indictment against the Defendant, 

as defined by the Bill of Particulars heretofore f :iled by the 

United States, as void for duplicity. 

II 

Count Two of the Indictment, as defined by said Bill 

of Particulars, for failing to state an offense withih the 

Title and Section of the United States Code, as charged in 

said Indictment. 

Signed David B, Kinney 

Attorney for the Defendant 

CERTIFICATE OF SERVICE 

I certify that I served a true copy of the within motion 

on John F. Reilly, Special Assistant to the Attorney General, Room 

3262, Department of Justice, Washington, D, c. in his capacity as 

counsel for the U, S, of America in the case of the U, s. of Am. vs, 

Joseph Sidney Petersen, Jr. on this, ~he 19th da.y of November, 1954. 

Signed David B, Kinney 
I • : 

REF ID: A5930. 

IN THE: UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

AI.EX.ANDRIA DIVISIClT 

.PNITED STATES OF AMERICA .. 

. vs. 

JOSEPH SIDNEY PErERSEN, JR., . . 

Defendant. . • 

POINTS AND AUTHORITIES IN SUPPORT g'., 

DEFENDANT'S MOTION !Q DISMISS 

I 

Rule 5a Federal Rules of Criminal Procedure 

u.s. vs. Martinez-Gonzales 

D.C. Calif. 1950 89 Fed Supp 62 

U.S. vs. Greater Kansas City Retail 

Coal Merchants Assn. D. c. MO 1949 

85 F. Supp 50.3 

Swenderland v. u. s. CCA Nebr 19 F. 

2nd 202 

Smith v. U. s. CCA Okla 1927 

l FF 2nd 72.3 

U.S. vs. Safeway Stores of' Md. 

D.C. Ecn 194.3 51 Fed Supp 448 

41 Corpus Juris Secundum 162 et esq. 

Plll2 

II 

12 u.s.c. 79.3 

The United States, through its Bill of' Particulars 

heretofore filed defined 11used in a manner prejudicial to the 
.. ' I .. 

REF ID:A59302 e 

safety and interest ot the United States" as 11stored 11 in the 

apartment ot the Defendant and as such does not come within 

the purview or Title l.S Section 793 or the United States Code. 

s/ ______________ ~ 

Attorney tor the Defendant 

CERTIFICATE .QE. SERVICE 

I certify that I served a true copy of the within 

pleading on John F. Reilly, Special Assistant to the Attorney 

General, Roam 3262, Department Of Justice, Washington, D. c. 

in his capacity as counsel for the United States of America 

in the case of the United States of America v. Joseph Sidney 

Petersen, Jr. on this, the 19th day of November, 1954. 

s/ ------------