Evening star., 1954-10-22
Disqualification
Plea Is Studied
By YoungdahI
Will Issue Order
Judge Says After
Hearing Lawyers
By Howord |. Dutkin

Federal Judge Luther w.
Youngdahl, target of blistering
criticism by United States At
torney Leo A. Rover, today took
under advisement the question Of
whether he should disqualify
himself as trial judge in the
baltimore case.
At the end of the arguments
by Mr.. Rover and defense attor-
ney Thurman Arnold, the latter
opposing disqualification, the
Judge announced quietly II will
issue an order" He did not
indicate when the ruling would
be made but it was understood
he planned to work on the issue
over the week end. The case
centers on owen baltimore, for
mer State Department consult
ant, charged with perjury.
The issues presented to Judge
Youngdahl were two-fold. The
key question was whether the
Judge should disqualify himself
on the basis Of an affidavit filed
by Mr.. Rover which accused him
of having pre-judged the case in
Mr.. Lattimore's favor. A secon-
Diary issue revolved around the
legal right of Mr.. Arnold, as at
torney for Mr.. baltimore, to op-
pose the affidavit.
Pounds Fist ON POdium.
Mr.. Rover. emphasizing his
points by pounding his fist on
the podium, charged the judge
with betraying a bent Of mind
that may prevent impartiality
Of judgment"
The prosecutor told the Judge
that he "acted as an advocate
and not as a judge" last year
when Judge Youngdahl made
certain observations in dismiss
ing four of seven perjury counts
then outstanding against MIR.
baltimore.
Opposing Mr.. Rover's conten-
tions, Mr.. Arnold charged the
prosecutor with wanting ito
muzzle this court-not only your
honor but other judges"
He charged Mr.. Rover's action
was taken solely because Judge
Youngdahl had dismissed the
four counts. This action, he
said, under the circumstances
was unprecedented in American
Jurisprudence"
Charges Red Tactics.
He asserted that If Mr.. Rover's
move were successful, no judges
would be safe In writing opinions
that did not coincide with the
prosecutors viewpoint. He &C
cused Mr.. Rover of familiar
Communist tactics" in attacking
the impartiality of the court. Mr..
Arnold contended the move aids
Communists in spreading abroad
thet idea that American courts
have mo sense of justice"
Mr.. Rover, who was f1anked
at the counsel table by his
principal assistant, Oliver Gasch,
and the other Government at
torneys, demanded that Judge
Youngdahl disqualify himself
under the law and the funda-
mental concepts of American
democracy"
He accused Judge Youngdahl
Of selecting" congressional rev
ports favorable to Mr.. baltimore
and rejecting another report by
the McCarran Internal Security
subcommittee, which in 1852
branded Mr.. baltimore as, for
many years, "a conscious,
articulate instrument of the
Communist conspiracy"
The prosecutor alluded to this
in citing as "biased" an observa-
ton made in Judge Youngdahl's
opinion dismissing the four
counts.
Tydings Committee Cited.
At that time the judge said
that the Tydings senatorial
committee had found Mr.. Latti-
more free of any communistic
faint.
$50 what?" Mr.. Rover de-
manded today. what did the
Tydings committee have to do
with the issue before the court?"
He continued: IF I wanted
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