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ELLSBERG v. MITCHELL

Civ. A. No. 1879-72.

353 F.Supp. 515 (1973)

Daniel ELLSBERG et al., Plaintiffs, v. John N. MITCHELL et al., Defendants.

United States District Court, District of Columbia, Civil Division.

January 24, 1973.

Attorney(s) appearing for the Case

David Rein, Forer and Rein, Washington, D. C., for plaintiffs.

A. William Olson, Asst. Atty. Gen., Robert L. Keuch, Benjamin C. Flannagan, Attys., Internal Security Div., Dept. of Justice, Washington, D. C., for defendants.

MEMORANDUM OPINION AND ORDER

FLANNERY, District Judge.

Daniel Ellsberg and Anthony Russo are on trial in federal court in California for publishing what have become known as the Pentagon Papers.1 The trial began January 17, 1973, and is expected to take three or four months. During pretrial proceedings the Government disclosed that electronic eavesdropping had occurred, but the judge refused to compel disclosure of the intercepted...

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