Evening star., 1954-11-19
Rover Refuses
As YoungdahI
Asks Retracfion
Judge Characterize:
Bios Affidavit as
Hit-Run Attuck

&CACAAA VNASV 9OVAASA w
Youngdahl yesterday demande'
that United States Attorney Le
A. Rover retract charges that tn
judge il biased in favor of Owel
baltimore, former State De
partment consultant.
Mr.. Rover responded with ,
statement to reporters that h
was standing pat on his affidavi
of bias and prejudice, in which
he accused Judge Youngdahl o
having prejudged the perjur.
case against Mr.. baltimore II
the latter's favor.
Judge Youngdahl's demant
that the affidavit be Withdrawn
was made in a memorandum files
in the u. s. District Court fol
the District Of Columbia.
While the jnrist has declined
to disqualify himself as tria
Judge, the memorandum de.
clared:: "It (the af1idavit) is
hit and run attack. which
touches any judge OF the United
States who hereafter undertake.
to hear this case"
Statement Not Explained.
Judge Youngdahl declined tx
elaborate on the statement or tt
indicate whether it meant hi
was considering withdrawing
from the case.
The memorandum also criti.
cized the Government for de-
Gliding not to appeal Judge
Youngdahl's refusal to disqualify
himself.
Such an appeal had been un.
der nsideration. But last
We dn e.sday Mr.. Rover an.
nounced the Justice Department
had decided against carrying the
issue to- the q. s. Court OF
Appeals for the District Of
Columbia.
Although the Government
has taken no formal action In
this proceeding in respect tc
appellate review of the order
striking the affidavit :. =" Judge
Youngdahl wrote, "the court
notes with regret the public an
nouncement by a Government
spokesman that no review will
be sought.
Sees Intimidation Remaining.
"Though such failure to act
win leave the order tstriking the
afiidavit) IN force, it would not
erase what this court has al
ready characterized, in SUBJ
stance, as an attempt to intimi-
date any Judge of the United
States who dareS to assert the
judicial independence which the
Constitution contemplates.
This is a matter which fa1
transcends the personal feelings
or dignity Of any individual. II
is hit-and-run attack which
touches any judge of the United
States who hereafter undertakes
to hear this case.
"The Judgment of the appel.
late court could have helped tc
dissipate the affidavit's thrust
against the integrity and in
dependence Of the judiciary. In
the absence of such an authori-
tative declaration, the alter
native still available is q frank
and fortnight Acknowledgement
by the Government officers re-
sponSible for the affidavit that ii
was without substance and was
improvidently fled
I Rover Stands on Statement.
! Later in the day. Mr.. Rover
authorized the following state
ment:
"The position Of the Govern
nent has been stated in the affl.
davit Of prejudice and I consider
that any additional statement on
my part would be inappropriate. >
The recent volley of caustic
exchanges between Judge Young
dahl and Mr.. Rover began wl1en
the jurist dismissed four count.
OF an original indictment against
Mr.. baltimore.
One of the dismissed counts.
then the heart Of the Govern.
ment case-charged Mr.. Latti.
more lied when he voluntarily
told a Senate subcommittee ht
was never a Sympathizer nol
any other kind of promoter d,
communism. The appellate
court upheld Judge Youngdahl,.
dismissal Of this count but re.
stored two minor counts.
Mr.. Rover subsequently OBJ.
tanned another indictmen,
against MIR. baltimore. This one
charges him with lying to the
Senate Internal Security sub.
committee when he voluntarily
stated he was never a. follower
Of the Communist Party line OF
q promoter Of Communist in
terests. Trial on both indict-
ments tentatively is scheduled
! for January 10.
Saw Prejudiced Remarks.
Meanwhile. Mr.. Rover de-
manded that Judge Youngdahl
disqualify himself. as biased
The prosecutor said prejudice
was shown in certain remarks
made by the judge at the time
OF the dismissal Of the original
four counts.
At that time Judge Youngdahl
warned against infringement on
1ree speech and stated he had
sdoubts as to the validity of the
remaining counts that were
then slated for trial.
Comp Fire Girls Service
Fairfax County camp Fire
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