LETTER TO HONORABLE ALLEN W. DULLES FROM WILLIAM F. TOMPKINS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80B01676R000700170024-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 20, 2016
• Document Release Date: May 7, 2007
• Sequence Number: 24
• Publication Date: April 6, 1959
• Content Type: LETTER

Approved For Release 2007/05/07: CIA-RDP80BO 1676R000700170024-:
April 6 1959
honorable Allen W. Dulles
Director
Central Intelligence Agency
Washington 25, D. C.
As we have previously advised your office, the Supreme
Court, on March 23, ordered that the case of Rudolf Ivano-
vich Abel v. United States be set down for reargumen on
c bo er 12, 1157* copy of the Court's order is enclosed.
Following the Court's order, which sets the case over
to the fall and makes a decision unlikely until the and of
the year, we considered requesting the Solicitor General
to authorize the filing by the Government of a motion to
expedite disposition of the case. However, the normal
minimum time for briefing allowed to each side is thirty
days for each which would, in any event, have carried the
case over into early June when the Court normally does not
hear oral arguments. To secure an exception we would be
called upon to make a very strong showing of necessity.
Even then, in view of the critical and perhaps far-reaching
effect that the decision might have on Immigration pro-
cedures, a decision would be unlikely before the fall of
the year.
In view of these considerations I think we have no
alternative but to follow the normal procedure which will
entail the filing of briefs this summer, although I appre-
ciate he very serious problems which such a lengthy delay
creates' for your Agency. As you know, would STAT
be an absolutely essential witness to any possible retrial
of Abel on espionage charges, in the event of a reversal of
his conviction by the Supreme Court. It was, of course, with
this in mind and on this understanding that your Agency has
undertaken, since before the trial commenced to insure,
insofar as reasonably practicable, continued STAT
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availability to testify in c0nneotion with these proceedings.
'phis Department is indeed appreciative Of the successful
though very difficult efforts to this and carried on by
your personnel. In view of the obvious importance to the
country of preventing Abelts return to the Soviet anion.
within the near future, it is most important that we
remain in a position of being able to retry him on the
espionage charges, if such is required by the eventual
decision of the Supreme court. Because of this, we would
be greatly appreciative if you will continue to do what-
e nably can be done with a view to maintaining
ontinued availability to testify.
Kindest personal regards,
WILLIAM F. TC MPKINS
special Assistant
to the Attorney General
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:MoM ; T , March 23, 1959
X
No. 263 AWL V3. UNITED STATES
It in ordered that tai" case be set for re-argon?,aarn,t
on October 12, 1959, ikt the haaad of the calendar for thaetc
date. Upon reaargumen?; a?ouna,l are requested to discuss
in their further br1.e fs and oral argu ants, in addition
to other issues, than folloving questioniaf
1. Whether undaar the in:k-s and Constitution o:'
the United States (a;a) thala adzaaintatrative waarra.nt
of the low York Acting District Director of the
Z xaigraticn and Jat.uralirr tion 3eraioe wa* validly
issued, (b) such c?.x1nistrstive warrant oonst&tut--
eA a valid basics ft y, arreati titioner or
taking him into *ur t ody, and (c mach warrant
furnished #3 valid hesig for the searches and
aBeiourasa a ffeota.n his parson, luggage and the
rW oooupi.ed ray 7a".aaa at the hotel Latham.
Whaaa thaar, S ndra pendezat:ly Of such admini s tray ..
five warrant, pt1aa, rsr~ a valid der the law* arad
Constitution of th,i 'Yzatto4 States.
3. Whether aacn th4 r?enos i before us the isanuorv
involved in Questions 41(b)," tnd w2w
a properly bef or~z the Court.
pea reargument ?# oh 4164 will be allowed a and one-
ha if his for o r. trgumea.nt.
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Appp v!E d ry R 0Nf05/07 : C IAAEZLRI NI&7c61 0 aOO4701?24-3