Evening star., 1953-11-22
BY james {. Roper

immunity to witnesses.
Both problems involve long
standing safeguards for indi-
vidual liberties. Attorney Gen
eral Brownell. however, feels
that they must be altered some
what to help the Government
catch and prosecute certain
criminals, especially spies.
If Mr.. Brownell's legislative
recommendations get the ap-
proval of Congress, the Govern
ment almost certainly will revive
its prosecution of Judith Coplon,
and start proceedings against
some of the so far unprosecuted
persons named as members of
Soviet espionage rings.
Recommends New Laws.
Mr.. Brownell has recon-
mended that Congress pass laws
to:
l. Permit evidence obtained by
authorized wire-tapping to be
used in Federal courts in cases
involving national security.
2. Authorize the Attorney Cen
eral to grant witnesses before
grand jurieS and Federal courts
Immunity from prosecution for
crimes they are required to
testify about.
The testimony of Mr.. Brownell
and FBI Director j. Edgar
Hoover about the White case
demonstrated why the Govern
ment desires these laws. Mr..
Brownell said that one reason
White and other persons were
not prosecuted was that some of
the evidence came from wire
taps.
Issues Are Sensitive.
Numerous persons also have
refused to answer questions on
grounds that, under the Fifth
Amendment, they could not be
forced to testify against them
selves. Mr.. Brownell figures that
If he had authority to grant i'm
munity from prosecution to such
witnesses, they no longer could
plead the Fifth Amendment.
They therefore would be re-
quired to testify, and thus per-
haps trap higher-ups.
Associates of Mr.. Brownell feel
that the White episode may per-
suade Congress to grant the laws
the administration has asked.
The issues are sensitive. The
late Chief Justice Oliver Wendell
Holmes once called wire-tapping
dirty business" and millions of
persons have agreed.
There's no law against the
Wire-tapping. The laws simply
bars the Government from going
into court with the evidence or
any evidence resulting from leads
that it got through wire-tapping.
This bar was established in the
Communications Act of 1884,
which made. it illegal to divulge
information obtained through
interception of messages such as
telephone conversations.
Might Reopen COplOn Case.
Mr.. BroWnell would change
this law to allow wire-tap in
formation in criminal proceed
ingS in courts when the
FBI obtained the information
through wire taps authorized by
the Attorney General in mat
ters involving national security.
Some bills now before Con-
greSs would widen this some
what to allow use of wire-tap
evidence in cases where life is
at Stake-Such as in kidnap-
ingS-and when the wire tap is
authorized by a Federal judge.
A wire-ta tap law like the one
Mr.. BroWnell is asking would
enable the Government again
to try Judith Coplin. on a charge
of turning over Justice Depart
ment secrets to a Soviet spy
ring. She has won the right
to a new trial, but the Govern
ment does not want to prose-
cute unless it can use wire-tap
evidence.
Traditional bars against pros
ecutionS under retroactive laws
would not prevent use Of the
wire-tap evidence against Miss
Coplon or others accused of
espionage, according to Justice
Department attorneys. They
view their wire-tap proposal as
merely a change in court pro-
Cedure.
Refuge in Amendment.
For years, the Justice Depart
ment spy-hunters have felt fruS-
trated by the present rules on
wire-tap evidence and by the
Fifth Amendment to the Con-
Stitution.
The amendments provision
that no person need testify
against himself stems from con-
victionS of persons who, under
torture, confessed to crimes they
did not commit.
The amendment thus is in
tended as protection for the in
nocent rather than the guilty.
In recent years, however, the
amendment has become the
most-cited legal defense before
congressional investigating COM
mitteeS.
This summer, the Senate In
ternal Security subcommittee
complained that SO witnesses suS-
pected of membership in a Com
muniSt underground in the
United States Government re-
fused to answer questions on
grounds of possible self-incrim-
ination.
To meet similar situations, Mr.
Brownell would have Congress
authorize him to grant immu-
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