Evening star., 1949-07-02
Clark Defends Barinu
OF Secret FBI Reports
During Cop|on Trial

Deploring the "intemperate and
fl-advised charges" leveled at the
Federal Bureau of Investigation,
Attorney General Clark yesterday
defended his decision to allow
secret FBI reports to be spread
on the record at the trial of
Judith Coplon rather than drop
the prosecution.
Mr.. Clark explained that the
courts ruling placed the Justice
Department in the position of
either permitting reports contain
ing some "hearsay and gossip" to
be made public or moving for dis
missal of the indictment against
Miss Coplon.
The Attorney General denied
reports that there had been
quarrel or a "feud" with FBI Di-
rector j. Edgar Hoover over the
decision to release the documents.
There never has been such quar-
rel or threatened resignation in
his l3 years in the department.
Mr.. Clark said. He expressed
complete confidence in Mr.
Hoover.
Unusual Situation Cited.
"The Department of Justice has
always held that investigative re-
ports of the FBI are confidential"
Mr.. Clark said in a written state
ment released at conclusion of the
Coplon trial.
The Coplon case presented an
unusual situation inasmuch as
contents of FBI reports in the
departments files were taken by
an employe of that department"
1t was the first time in history
that a Justice Department. en-
ploye had been tried as spy
acting to injure the United States
and benefit a foreign power. Miss
Coplon was convicted of trying to
furnish the SovietS with secret
reports of counterespionage ac-
tivities in this country.
The department took every
possible step to prevent disclosure
of the secret FBI reports MI.
Clark said. 1T took the position,
and I think properly so, that a
question of national security was
involved.
Failing to get the courts ac-
ceptance of that position. it took
the position that the contents of
the reports we're completely if
relevant to any possible defense
raised by the defendant on trial,
Urged Deletion of Names.
Failing in that. the department
proposed that all names be deleted
from reports unless it could be
shown that the names were
relevant to any theory of defense.
And failing in that, it proposed
that these documents be made
available only to the defendant,
defense counsel, the jury and the
court. The department could not
have taken any other or further
position. And having begun the
prosecution of the case. the ruling
of the court over the objection of
the department placed the de-
partment in the position of either
moving dismissal of the indict-
ment voted by the grand jury or
presenting the documents as
ordered in court.
That hearsay or gossip should
appear in the investigative reports
is to be expected. 1t is in this way
that complaints and information
accumulate. This is true of any
investigative agency or news
gathering medium. such as the
press. Sometimes unverified COM
plants and rumors lead to the
development of case. Experience
has sadly demonstrated what hap
pens when even anonymous let
tiers are destroyed or ignored. I
regret that it became necessary,
outside of the question of national |
security. for the reports to be ad-
mitted in evidence. I say this for
the reason SO aptly stated by
Justice Jackson, then Attorney
General. in his opinion of April 80,
l941. to the chairman of the House
Committee on Naval Affairs IN
declining to furnish that COM
mittee with certain reports of
the FBI:
Disclosure of information con-
tanned in the reports might also
be the grossest kind of injustice
to innocent individuals. Investi-
gative reports include leads and
suspicious, and sometimes even
the statements of malicious or