DEATH SENTENCE FOR TRAITORS, SPIES SUPPORTED BY JUSTICE DEPARTMENT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R000600260002-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 15, 2016
• Document Release Date: May 13, 2004
• Sequence Number: 2
• Publication Date: April 28, 1978
• Content Type: NSPR

1!.RTICZ:F A?Pved For Releas~~0~~/~~~~R~~~?980R000600260002-
?Ca; ~r~u_,,_~_~. 28 April 1978 ~ ~ G
~~,t~~ s~ t~a~~e fog t~a~t~rs, ~p~~~
By W. Dale Nelson .
~Assori~ted Press
;. WAST~IINGTON -The Jus'ice De-
partment said yesterday that it be-
lieved in the constitutionality of pro-
irosed legislation permitting traitors
! and spies to be put to death whether
or not their crime resulted in loss of
:life. ... ,
Mary C. Lawton, deputy assistant
' attorney general in the office of legal
counsel, said that the Supreme Court
'v~ould be likely to uphold such a law,
. even though it has ruled.. drat the
.death oenalry is excessive for the
';.,rape of a woman whose life is not
taken. :_ - ... ...:
~` "Treason is, of course, the ultimate
offense against ..the nation," Miss
z Lawton told the Serr~~~e- .Judiciary'
M- .. .. _
Committee.
The committee opened hearings
yesterday on a bill that would rein-
state capital punishment for treason,
espionage and it other crimes, each
of which involves the taking of life.
The Supreme Court has ruled that
the death penalty is a canstitutianal
gunishmenrt for murder.:: ?
Miss Lawton said it was less cer-
tain that the court would uphold the
death penalty for spying, especially
in peacetime, but said that the de-
partment was "inclined to believe" it
would:......
The measure was introduced _a
year ago by Sen. John -B. NlcQellan
(D., Ark.) who has since died.
Sen. Orrin G. Hatch . (R., Utah),
one of 19 senators wholrcosponsored
.i
the "Dill with IVFcClellau, presided at j
yesterday's hearing and said there '
-was "a lok of support within the Sen- ~
ate" for the Iegislation.'
In espionage and treason cases, the
bill would limit the death penalty. io
second offenders who knew that their ~
actions would endanger: ,lives and 1
'their nation. ,
In espionage, it would be further ,
limited to those who sought to injure
the United States by supplying afor- .
eign government with information oq
such _sensitive subjects as nuclear
weapons; war plans and spacecraft.
.Treason was subject to the death
penalty from 1790 until 1972, when
the Supreme Court struck down the,
? capital punishment laws')then in ~ j
feet. - __..._ - ! . _ ..~
Approved For Release 2004/05/21 :CIA-RDP81 M00980R000600260002-6