Supreme Court Denies Appeal In Setback to Ellsberg, Russo

The Supreme Court refused 7-2 yesterday to hear an appeal by Daniel Ellsberg '52 and Anthony J. Russo asking that the government be required to disclose its wiretapping records for the Pentagon Papers trail.

The refusal means that the trial of Ellsberg and Russo, who are charged with expionage, conspiracy and misuse of government property, can resume in Los Angeles for the first time since Justice William O. Douglas ordered its suspension on July 29.

The suspension was ordered to allow Ellsberg and Russo time to file the appeal which contended that the defendants and their lawyers have a right to examine the wiretapping records to determine if they produced illegal evidence or leads for the prosecution. The defence counsel specifically objected to government wiretapping of one of the 14 members on the defense team.

Dissenters

Douglas and Justice William J. Breaman Jr. were dissenters in yesterday's decision, which supports earlier rulings by trail judge Matt Byrne of Los Angeles and the U.S. Circuit Court in San Francisco that the wiretapping is irrelevant to the prosecution.

Ellsberg said yesterday at his home in Cambridge, that he thinks the ruling reflects the court's view that trials should not be interrupted, rather than indicating its position on wiretapping. He added that his lawyers would ask Byrne to dismiss the jury when the trail is resumed.

An side to Byrne said yesterday in Los Angeles that Byrne will call the lawyers in the case sometime this week to meet with him and determine the next stop in the trial.

Ellsberg will appear on the 8:30 a.m. segment of ABC's Today show this morning to comment on the latest developments in his trial.