Evening star., 1954-10-14
Laftimore's Counsel
Calls Rover Charges
Of Bias 'ScandaIous'
By Howord [. Dutkin


Counsel for Owen baltimore
today accused United States At
torney Leo A. Rover Of scandal
Gus" conduct In the prosecutors
accusations Of bias and prejudice
against Federal Judge Luther w.
Youngdahl.
Mr.. Rover is seeking to have
Judge Youngdahl disqualify him
self from presiding at the sched-
uled perjury trial Of the former
State Department consultant,
tentatively set for January 10.
Under court procedure, Judge
Youngdatl. himself, win hear
the arguments on the motion to
quash the afiidavit Of bias. It
! will be up to him to rule whether
or not he should disqualify him.
self.
Mr.. baltimore is accused on
two main counts Of lying when
he denied he was a follower Of
the Communist line or q pro-
moter of Communist interests.
Five other minor counts of per-
jury are also levied against him.
Thrown Out Before.
Judge Youngdahl previously
had thrown out count In an
other indictment against Mr..
baltimore charging he lied when
he denied he was ever a SYM
pathizer with communism or q
promoter of Communist inter-
estS.
Mr.. Rover's appellate court ar
guments against the original dis
missal Of four perjury counts
were based on what he consid-
cred errors in Judge Youngdahl's
legal reasoning.
But in his affidavit, Mr.. Rover
hit at what he interpreted as
prejudice in the judges written
comments incorporated in the
0lSmlSSat rullng.
In a motion to quash Mr..
Rover's AFFIDAVIT Of prejudice
against the judge. Mr.. Latti-
more's attorneys asserted the
disqualification move, If success
full, would make the judiciary a
subordinate arm" to the pros
ecution ''in any case Of this
character"
"Scandalous" Act Charged.
The motion also said that Mr..
Rover'S act was "Scandalous in
an attempt to use irrelevant
sworn statements of personal
opinion to discredit the
ruling Of the court"
The motion further asserted
that Mr.. Rover's affidavit was
clearly an attempt to manipu-
late the administration of jus
tice" and added that the U. S.
Court of Appeals for the Dis
trict Of Columbia had upheld
Judge Youngdahl's dismissal of
the key count linking Mr.. Lat
timore to communism.
"The purpose of this affidavit
(Mr. Rover's) is quite obvious. :"
the motion declared.
ut is to escape the conse-
quences of Judge Youngdahl's
carefully considered opinion in
the first indictment. This is
because the second Indictment
raises the same issues as the
first. -
1.-THE United States attorney
should be admonished so that
never again will the Department
Of Justice have the temerity to
attack q judge because it dis
agrees with his rulings" the
motion said.
Notes Appeals Court Action.
The defense motion declared
"all the errors of which the
United States attorney COM
plains were argued before the
Court of Appeals the Court
of Appeals sustained Judge
Youngdahl.
"The excerpts from the opin-
ion on which the United States
attorney relies !. show Judge
Youngdahl was carefully consid-
ering the indictment on its
merits and his opinion must be
treated with the respect due a
judicial opinion. :. To do other
wise is grave breach Of the
duty Of q prosecutor to follow
the law as decided by the court
.. -" the defense said.
The motion added: "The
United States Attorney appar-
emily does not desire TO rest this
second Indictment on its legal
distinguishability from the first.
His purpose is now obvious. 1t is
to collaterally attack that opin-
ion and invalidate its future eff
feet by forcing the judge WHO
wrote it to admit it was the re-
suit Of bias"
Certainly the :. action OF
the United States attorney must
have gone far to shake the con-
fidence of the public in one OF
the most distinguished judges on
the District Bench" the defense
said.
Fear Future Disqualifications.
The defense attorneys also con-
tended that if the affidavit is
{ successful there is the probable
sly that disqualification nf Fed
eral judges will become an easy
everyday matter rather than the
extraordinary occurrence which
1t has always been :"
Mr.. Rover had based his
charge Of prejudice, in part. on
Judge Youngdahl's expressed
doubt as to the validity Of sew
eral remaining counts against
Mr.. baltimore prior to trial.
Mr.. Rover saw this as parallel
to the case Of a prospective
juror who openly expressed
doubts as to the guilt or inno-
cence of O defendant before
trial.
Mr.. Rover also saw bias In