Evening star., 1954-11-17
Justice Drops Move to Appeal
Judge Youngdahl's Refusal to
Disqualify Himself as Biased
Judge Rejected
L-uttinore Case
Disqualification
BY Howord [. Dutkin

Dy HoW0rd /. Uutkin
The Justice Department has
decided not to appeal Federal
Judge Luther Youngdahl's re-
fusal to disqualify himself as
Judge in the impending perjury
trial Of Owen baltimore, United
States Attorney Leo A. Rover
announced today.
Mr.. baltimore. a former con-
sultant on Far Eastern affairs
to the State Department and
political science teacher at
Johns Hopkins University, faces
trial tentatively set for January
10 on two indictments.
One charges him with lying
to the Senate Internal Security
subcommittee wher he denied
ever having been a follower of
the Communist line or q pro-
moter Of Communist interests.
The other indictment accuses
him Of five minor counts of per-
jury before the subcommittee.
Past Opinion Studied.
Mr.. Rover said he was ad-
vised Of the departments deci-
sion by William Tompkins, AS
sistant Attorney General in
charge of the internal security
division.
The decision was made, Mr..
Rover said, after a report made
to the department by Mr..
Rover's Office based on research
into legal ramifications and past
opinions. The prosecutor said
no recommendation accom-
panied the report but the pros
and cons of the possible appeal
were discussed with justice
officials.
Judge Youngdahl had been
accused by Mr.. Rover Of having
prejudgedf the case in MIR. Lat
timore's favor. The prosecutor
based his charge OF prejudice on
comments made by Judge
Youngdahl in dismissing four
counts OF previous seven
count perjury indictment against
Mr.. baltimore.
In oyerruling Mr.. Rover's af-
fidavit of prejudice, Judge
Youngdahl declared he could
properly do no less than to
strike the affidavit as scandal
ous."
Charges Thrown Out.
The defendant originally was
accused of perjury before a SEN.
ate internal security subcommit-.
tee when he denied being a SYM
pathizer with communism or a
promoter Of Communist inter-
estS.
This count and three others
were thrown out by Judge
Youngdahl who, at the time,
sounded a warning against in
fringement Of freedom of belief.
The U. s. Court Of Appeals for
the District of Columbia upheld
the judges dismissal of this count
and one other but reinstated two
minor counts. This left five
minor charges against Mr.. Latti-
more in this Indictment.
Again Ask for Dismissal.
Recently attorneys for Mr..
baltimore asked the court to dis
miss the second indictment
which charged Mr.. baltimore
with lying as to Communist ties.
The motion was based on alleged
infringement of the constitu-
tional safeguard as to freedom Of
belief and the right of an ac-
cused person to be clearly in
formed of the nature of the
charge against him. The motion
asserted the charges about fol-
lowing the party line and pro-
noting Communist interests were
too vague to enable the weaving
Of an adequate defense.
Today Mr.. Rover, in oppos-
ing the dismissal motion, as
serted in a brief that freedom
Of belief was not an issue.
He declared that Mr.. Latti-
more was indicted for alleged
false testimony made wilfully in
a voluntary statement and not
for any political opinions or be-
hefs.
He contradicted the charge Of
vagueness by citing an excerpt
from the defense motion. This
excerpt had stated that the pop
ular definition of a Communist
line follower was one of who
"zigged and Jagged and shifted
as Communist policies shifted In
such a way as to create a pre-
sumption that he Is actually SER
vile to Russian policy. :"
Mr.. Rover interpreted this