Evening star., 1949-06-15
FBI Seen Weakened
By Publicity Given
Secret Documents
Will Lose Informonts
Who Fear for Lives
m Espionage Work
By David Laurence

By David Laurence
Had the Coplon trial been held
In England. there would have been
no embarrassment for any one not
directly connected with the case
The Judge would have ruled on
the FBI files in private and the
attorneys would have had a
chance to examine any secret
documents without fear that out
side persons would have access to
confidential data Of the govern
ment.
Nobody here is at fault for the
unfortunate publicity that has oc-
Cured. The FBI didn't want its
files made public. The Judge had
no choice when the defense in
sisted on seeing the documents
he had to order them produced.
But 1t must be borne in mind
that the Justice Department It
self did have a choice. 1t could
have suppressed the FBI files and
withdrawn and let the case be
lost by default. It chose instead
to take the risks. The FBI, as a
subordinate unit of the Justice
Department, didn't make the de-
cision. Had 1t been left to the
FBI, the case would have been
dropped because the bureau values
its sources of information more
than 1t does the winning Of a
single case.
Principle Involved
For there's a fundamental prin-
ciple involved. The FBI gathers
all sorts of information. Some Of
1t is gossip and may be proved un-
true. What is put In the agents
reports isn't evidence. 1t Is mere
1y q memorandum to the head
office covering everything heard or
rumored. It is up to the head Of
flee to piece together from various
agents reports that which may
properly be presented as evidence
In courtroom.
This Is the method of every in
vestigation bureau, public or pri-
vate. Nobody has ever demanded
the personal correspondence Of
any high official and gotten 1t into
court. In fact, the President has
insisted that another branch Of
the Government cannot receive
even official documents or letters
or correspondence If the executive
branch deems it incompatible
with public interest" to divulge
such data.
Having refused to give such ma
terial to Congress, it Is logical
that the executive branch may re-
fuse to give 1t to the judiciary. In
the Coplon case, the Justice De-
partment could have refused to
produce the files and no judge
could have compelled their dis
closure. But the case would have
been Withdrawn.
What are the damaging conse-
quences Of recent disclosures?
These probably will never be
measured. Nobody will ever know
what happened to the informants
mentioned in the FBI files and
now revealed. The public may not
discern who the informants were,
but 1t seems a safe guess that the
persons concerned viii know.
Informant May Lose Life.
It is q safe guess. too, that the
Russian government will be able
TO figure out who was an inform
ant inside the Russian Embassy.
Names are not given but circum-
stances are very revealing. Not
only will the informant be lost
to the FBI but his or her Life
may be lost also.
Unhappily. the public attitude
toward espionage is not an in
formed one. Many people don't
like the idea Of spying or counter
spying. They don't like to see the
American Government engaging
In It, either. But In q period Of
cold war such things are part of
the routine Of all governments.
Back in 1s41 the FBI monitored
. radio telephone conversation
between Hawaii and Japan and
called attention to 1t. Also the
FBI wanted to get ct the messages
which were filed by the Japanese
Consulate for transmission to
Japan before the attack on Pearl
Harbor, but the Federal Com
munications Commission in WASH
ington refused to allow the Amer
lean communication companies in
Hawaii to give up the messages to
the FB1. One Of those messages,
1t was learned afterward, told the
Japanese navy department in
Tokyo what the signals would be
TO the carrier planes Of the jap
anese fleet when they reached
Pearl Harbor. Better espionage
might have alerted the fleet at
Pearl Harbor and saved many
American lives.
As long as unscrupulous gov
ernments exist. espionage is just
as much q defensive measure as
any form of armament. It Is re-
grettable that the FBI WIN be
weakened In handling espionage
by a fear on the part Of inform
ants that they may be mentioned
in FBI reports that could become
public. It would have been better
to have dropped the case than to
have allowed the FBI files to be
published.
(Reproduction Rishta Reserved.)
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