Document Type: 
Document Number (FOIA) /ESDN (CREST): 
Release Decision: 
Original Classification: 
Document Page Count: 
Document Creation Date: 
December 20, 2016
Document Release Date: 
May 7, 2007
Sequence Number: 
Case Number: 
Publication Date: 
April 6, 1959
Content Type: 
PDF icon CIA-RDP80B01676R000700170024-3.pdf186.64 KB
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 Approved For Release 2007/05/07: CIA-RDP80BO1676R000700170024-3 Approved For Release 2007/05/07: CIA-RDP80BO1676R000700170024-3 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 Approved For Release 2007/05/07: CIA-RDP80BO1676R000700170024-3 Approved For Release 2007/05/07: CIA-RDP80BO1676R000700170024-3 :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. Approved For Release 2007/05/07: CIA-RDP80BO1676R000700170024-3 1? Approved For Release 2007/05/67 CIA RDP80BO1676R00070 170024-3 SENDER WILL CHECK CLASSIFICATION TP AND BOTTOM UNCLA SIFIED CONFIDENTIAL SECRET CENTRAL INTELLIGENCE AGENCY OFFICIAL ROUTING SLIP TO NAME AND ADDRESS INIT LS DATE 1 2 3 4 5 6 ACTION DIRECT REPLY PREPARE REPLY APPROVAL DISPATCH RECOMMENDATION COMMENT FILE RETURN CONCURRENCE X, INFORMATION SIGNATURE Remarks : For your information. A copy of the attached has been Sent to II for necessary action. The original will be shown to both General Cabell and the Director. FOLD HERE TO RETURN TO SENDER FROM: NAME, ADDRESS AND PHONE NO. DATE I FAsst. to the I 8 April U CONFIDENTIAL SECRET (ao> Appp v!E d ry R 0Nf05/07 : C IAAEZLRI NI&7c61 0 aOO4701?24-3