Evening star. [volume] (Washington, D.C.) 1854-1972, 1949-06-15
Choice of Lesser Evils

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The jury will have to decide the guilt
or the innocence Of Miss Judith Coplon.
But two decisions made in the course Of
the trial seem TO overshadow in impor-
lance the question before the jury.
One was Judge Reeves decision that the
Government must produce all Of the evi-
dence upon which 1t relied in the prosecu-
ton or drop its case. 1t could not suppress
part of the evidence on the ground that
it would endanger national security. AS
far as this principle Is concerned, 1t Is hard
to see how the Judge could have decided
otherwise.
The other decision was Attorney Gen
eral Clark's, to 60 ahead with the case
despite resulting embarrassment to the
Government. And here again, 1t Is hard
to see how Mr.. Clark could have decided
otherwise. For such decision would have
served as notification to spies that their
safety from prosecution lay in the i'm
portance Of the documents they stole.
If the judge was at fault in his decision,
the fault was in one Of the refinements of
the principle at stake, rather than the
principle itself Undoubtedly he was cor
rect in saying that the Government could
not withhold from evidence some of the
data slips-brief, index-like references to
complete FBI reports-alleged to have been
found In Miss Coplons possession. For,
as the Judge said, the mere act of with
holding them on the claim of their
Importance to the Government, would
prejudice the defendants case.
But the Government had good reason
to suppose that when it came to the docu-
ments themselves, only parts of which the
data slips referred to, the Judge would
exercise his judicial responsibility OF de-
Gliding how much Of these documents had
any relevant bearing on the case. great
mass Of matter contained in the docu-
ments had nothing to do with the data
slips. That the judge permitted all Of this
material to be brought in, thus suggesting
a decision of his own that all of it was
relevant, came as surprise.
That was when Mr.. Clark had to make
his final decision. He was naturally
aware of the embarrassment to the Gov
ernment-especially to the work Of the
FBI-which revelation of these voluminous
documents, filled with gossip, hearsay and
innuendo against innocent citizens, would
entail. He also knew that their publica-
ton would undermine some of the past
work Of the FBI by revealing methods and
sources of information. But the criticism
he has encountered for going ahead with
the case once he was powerless to pre-
vent revelation of this matter In the prose-
cution, is small as compared with the
criticism he would have received had he
dropped the case. And dropping such
case, in The Stars opinion, would have
been great mistake. 1t seems incredible
that the Government has become so en-
meshed in the web Of its own secrecy that
it must admit paralysis In the prosecution
of suspected crime against itself.
Caught in the middle OF this dilemma, of
course, and with no control over decisions
made, has been the FBI. Its director, Ed
gar Hoover, has nothing to apologize for.
No one has fought more consistently or
with greater determination to protect the
confidential nature of FBI records. He
knows a great many OF the records have
no value as evidence in a court of law,
that they contain highly damaging in
nuendoes concerning innocent people. Like
the millions of fingerprint records on file
in the FBI, much of the documentary in
formation channeled into FBI files will
never be referred to unless circumstance
prompts detailed investigation. And the
record of the FBIs own investigations
shows that the FBI does not depend on
hearsay and gossip. That some of this
unevaluated assortment of information
found its way into print is highly I'M
fortunate, in its effect on FBI work and for
its smearing effect on innocent bystanders.
But in balancing all the risks involved
in the decisions made, this risk Of reveal
Ing the secret FBI records may have been
the lesser one. Both the citizens who have
been unjustly smeared and the FIJI, some
of whose secrets have been revealed, will
recover. But we have not compromised
the principle of fair trial or the Gov
ernment's determination to prosecute sus-
pected spies.