Judge Denies Motion Charging Bias in Pentagon Papers Case
Date: 04 July 1972
By ROBERT A. WRIGHTSpecial to The New York Times
Robert WRIGHTSpecial
Fed Dist Judge W M Byrne Jr denies on July 3 defense motion in Pentagon papers case that would have quashed indictment against D Ellsberg and A Russo on ground that it constituted discriminatory prosecution; denies defense request for pretrial hearing to support its contention of discrimination; grants defense motion that all written prosecution communications concerning bringing of case be turned over to ct; says he will reopen matter on his own motion if examination of material shows extensive evidence of discrimination by prosecution; takes under advisement Govt motion seeking inquiry into source of alleged leaks to press of still-secret portions of Pentagon papers