COURT STEP LIKELY; Return of Documents Asked in Telegram To Publisher Mitchell Seeking to Halt Times Series on Vietnam
Date: 15 June 1971
By MAX FRANKELSpecial to The New York Times
US Atty Gen Mitchell asks NY Times to refrain from further pub of study documents on ground that such disclosures cause 'irreparable injury to the defense interests of the US' (M Frankel rept); if paper refuses. Govt will try to bar pub by ct action; Times refuses to halt pub voluntarily; Asst Atty Gen R C Mardian conveys request and intention to seek ct enjoinder in phone call to Times exec vp H Bancroft; text of Times statement refusing to halt pub; Times says it believes 'it is in the best interest of the people of the country' to be informed of the study; says it will oppose any request for an injunction, but will abide by the final decision of the ct; Mitchell makes request to Times in telegram to Times pres and publisher A O Sulzberger; also asks return of documents to Defense Dept; telegram text; Mitchell cites Espionage Law as basis for request; Defense Dept spokesman W Friedheim cites 'ambiguities' in laws governing disclosure of secret documents about whether they apply to pubs or only to their source of information; says there is no precedent for application of the law to a pub; Defense Dept statement expresses concern about violation of security but leaves determination of legal action to Justice Dept; no official challenges authenticity of Times series and the documents; Pres press sec Ziegler stresses that Nixon developed a 'new Vietnam policy' and decided not to continue or justify policies of earlier Adms, which are subject of Defense Dept study; Sen Symington announces he will propose a 'full examination of the origins of the war', Sen com hearing at which Sec Laird was asked about the study; Laird is opposed to hearings; says Times series violates security regulations; Symington says it is 'shocking' that Cong was kept ignorant of study materials; text of Defense Dept statement; says material remains sensitive and classified; Friedheim comments on discussions on the matter among officials of Justice and Defense Depts; Sen McGovern says study tells story of 'almost incredible deception' of Cong and pub; Sen Scott calls 'release' of documents a 'Fed crime', but describes their contents as 'instructive and somewhat shocking'; says Nixon has taken pub into confidence on the war more than anyone else; Repr McCloskey stresses importance of truthfulness by Govt; charges deception in briefings he got in Vietnam; McNamara reptdly sent his copy of study to Natl Archives; declines comment on matter