DATE=5/18/99
TYPE=BACKGROUND REPORT
NUMBER=5-43434
TITLE=ALGER HISS: DISCLOSURE
BYLINE=ELAINE JOHANSON
DATELINE=NEW YORK
CONTENT=
VOICED AT:
INTRO: A RECENT RULING BY A FEDERAL JUDGE ORDERING THE U-S
GOVERNMENT TO UNSEAL SECRET GRAND-JURY TESTIMONY FROM 50 YEARS
AGO MAY HELP SOLVE SOME OF THE ENDURING MYSTERIES OF THE COLD
WAR. THE CASE INVOLVES THE SPY PROBE OF ALGER HISS -- A FORMER
U-S STATE DEPARTMENT OFFICIAL WHO WAS A KEY PLAYER IN THE
CREATION OF THE UNITED NATIONS. V-O-A CORRESPONDENT ELAINE
JOHANSON REPORTS FROM NEW YORK.
TEXT: JUDGE PETER LEISURE DECLARED IN HIS ORDER TO UNSEAL
TESTIMONY ON ALGER HISS THAT THIS INFORMATION SHOULD NOT, AS HE
PUT IT, "LANGUISH BEHIND LOCKED DOORS."
MANY LEGAL SCHOLARS HAILED THE RULING AS A VICTORY FOR HISTORY.
THEY BELIEVE FILLING IN THE GAPS OF THE ALGER HISS CASE WILL ALSO
REVEAL THE EXTENT OF SOVIET PENETRATION OF THE U-S GOVERNMENT
AROUND THE MIDDLE OF THE CENTURY.
THE INVESTIGATION OF ALGER HISS HELPED LAUNCH WHAT BECAME KNOWN
AS THE MCCARTHY ERA -- AN INTENSE SEARCH FOR COMMUNISTS AND
COMMUNIST SYMPATHIZERS IN THE UNITED STATES, PROMOTED LARGELY BY
THE LATE SENATOR JOSEPH MCCARTHY. HISS STANDS IN HISTORY ACCUSED
OF PASSING STATE SECRETS TO MOSCOW. HE WAS TURNED IN BY A
NEWSMAGAZINE EDITOR, WHITTAKER CHAMBERS. THE HISS CASE BOOSTED
THE POLITICAL CAREER OF FUTURE PRESIDENT RICHARD NIXON, WHO
TESTIFIED AGAINST HISS IN THE GRAND JURY.
LAW PROFESSOR STEPHEN GILLERS OF NEW YORK UNIVERSITY SAYS THE
CASE FOR FULL DISCLOSURE OF THE RECORD IS VERY STRONG:
/// FIRST GILLERS ACT ///
IT'S NOT JUST HISS. IT'S WHITTAKER CHAMBERS. AND
IT'S THEN REPRESENTATIVE NIXON, LATER PRESIDENT NIXON,
WHO IS ALLEGED TO HAVE BEEN ACTIVE IN ENCOURAGING THE
HISS GRAND JURY TO INDICT. THERE'S THE WORK OF THE
HOUSE UN-AMERICAN ACTIVITIES COMMITTEE DURING THE
MCCARTHY PERIOD. THE LARGER BACKDROP, OF COURSE, IS THE
EXTENT TO WHICH THERE WAS SOVIET ESPIONAGE. IT'S HARD
TO IMAGINE A SUBJECT OF GREATER HISTORICAL IMPORTANCE IN
THIS ERA.
/// END ACT ///
THE U-S GOVERNMENT IS ON THE OTHER SIDE OF THE ISSUE. IT IS
CONSIDERING AN APPEAL. U-S ATTORNEYS ARGUED THE SECRECY RULES
GOVERNING GRAND-JURY TESTIMONY DO NOT ALLOW EXCEPTIONS FOR
HISTORICAL INTEREST.
// OPT // A GRAND JURY PRIVATELY EVALUATES ACCUSATIONS AGAINST
PEOPLE CHARGED WITH CRIMES, TO DETERMINE IF THE CASE SHOULD GO TO
TRIAL. // END OPT //
PROFESSOR GILLERS SAYS ACTUALLY THE RULES DO NOT SPECIFY THAT
SECRET TESTIMONY HAS TO STAY LOCKED UP INDEFINITELY. BUT HE ALSO
CONCEDES U-S OFFICIALS HAVE THE BIGGER PICTURE IN MIND: THE
POTENTIAL IMPACT ON FUTURE GRAND JURY INVESTIGATIONS:
/// SECOND GILLERS ACT ///
I THINK IF YOU HAD TO EXPLAIN IT, THE EXPLANATION WOULD
BE INSTITUTIONAL -- A FEAR THAT IF THERE IS SOME
JUDICIAL RELEASE OF GRAND-JURY TESTIMONY FOR THESE
REASONS, THAT WITNESSES IN FUTURE CASES WILL NEVER
KNOW BUT THAT WHAT THEY THINK THEY'RE SAYING IN PRIVATE
WILL SOMEDAY BECOME PUBLIC, AND THEY MAY BE MORE
CIRCUMSPECT WHERE THE PROSECUTOR OBVIOUSLY WANTS
WITNESSES TO BE CANDID AND AS FORTHCOMING AS POSSIBLE.
/// END ACT ///
BUT PROFESSOR GILLERS SAYS THIS FEAR MAY BE EXAGGERATED, BECAUSE
DEMANDS FOR DISCLOSURE OF SECRET TESTIMONY ARE RARE:
/// THIRD GILLERS ACT ///
YOU KNOW, 99-POINT-99 PERCENT OF GRAND-JURY
INVESTIGATIONS AND TESTIMONY HAVE ZERO -- NO --
HISTORICAL INTEREST. AND SO NOBODY ASKS FOR THE
TRANSCRIPT. NOBODY WANTS TO KNOW.
/// END ACT ///
ALGER HISS ULTIMATELY WAS CONVICTED OF PERJURY. WHETHER HE WAS
REALLY A SOVIET SPY IS STILL A SUBJECT OF DEBATE. BUT EXPERTS
BELIEVE THE NEW INFORMATION COULD PROVIDE SOME FORM OF CLOSURE
FOR AT LEAST TWO GENERATIONS OF AMERICANS WHO LIVED THROUGH ONE
OF THE MOST DIVISIVE CHAPTERS OF COLD WAR HISTORY. (SIGNED)
NEB/NY/EJ/LSF/WTW
18-May-99 5:42 PM EDT (2142 UTC)
NNNN
Source: Voice of America
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