The Times from Shreveport, Louisiana • Page 11

1 The SunEVFPonT Times Friday, Jung 23, 1972 11-A Vixbii Court Appointee Writes Opinion Requiring Warrant for Wiretapping times to embarrassment attorney General John N. Mitch "much of it of course is political the government and the society Eovernment by any means ne ance, fcvery president is in i imi in in it. prA ui iijr Another Nixon appointee, Associate Justice Harry A. Rlaek-mun, fully supported Justice Powell, Chief Justice Warren E. Burger simply concurred in the result.

Associate Justice Ryron While, appointed by President Kennedy, argued that warrant- ell and Nixon have been so hotly debated as this. Mitchell contended that the President, as defender of the Constitution, has "inherent power" to order wire, tapping of certain croups on his own authority, without court order. This shocked many critics. Mitchell made an unusual all-out defense of his pasition June 11. 1971, at Roanoke, before the Virginia Bar Association.

As attorney general he was ii, isiroui Christian Science Monitor -4 Nws Service WASHINGTON Onre more a President regretfully has 'found that appointing men to -She Supreme Court of the United States does not necessarily win approval for, his legal opinions. The court Jinanlmously, 8 to 0, ith Associate Justice William H. Rehnquist not participating, Jias rulqd that executive suspected domestic 'subversives" must have a warrant The opinion was written by- one of the justices -T i ri Nixon appointed, Lewis F. Powell Jr. Few issues in the controver-s i a 1 law-and-order anticrime progranir instituted by former Mitchell helped pick two nominees for the Supreme Court rejected by the Senate in the Carswell-Haynsworth fiascos.

Afler the defeat of Judge G. Ifarrold Carswell of Florida, Mitchell stood by Nixon's side when the latter declared bitterly that he had "reluctantly concluded with the Senate as presently constituted" that he could not get a southerner confirmed in the high court. Earlier Judge Clement F. Hay ns worth Jr. of South Carolina was rejected.

Nixon's attraction to his former law partner, who is utterly without political ambition, may lie in the latter's strong character and his absolute self-assur demogogucry." The opponents of the no-warrant inherent-right thesis included Ramsey Clark, Mitchell's predecessor, and many lawyers ranging from the conservative middle to the far left. One Senate argument against confirming Justice Rehnquist was that as an assistant, attorney general he had helped prepare the administration's legal position in this case. Re-cause of his connection Justice Rehnquist did not participate in the decision. Justice Powell declared that "the danger to political dissent is acute where the government attempts to act under so vague a concept as the power to some degree isolated and most chief executives have needed a firm councilor and contidant who is not given to self-doubt. The two men are essentially self-made, successful, and private individuals, who don't get on easily with crowds or back-slapping people.

Mitchell now heads the Nixon Re-election Committee, just as he managed the Nixon 19(58 campaign. His field of law was in municipal bonds in Nixon's former New York law firm. Mitchell argued forcefully for his views at Roanoke. "Never in our history," he said, "has this country been confronted with so many revolutionary elements determined to destroy by force it stands for." These domestic forces are ideologically and "in many instances directly" connected with foreign interests, he said. Why should it be necessary to get a "local magistrate" to grant a warrant in eavesdrop ping against such enemies of the state, he asked.

The President, he argued, is himself a magistrate, and has the power to act through his attorney general. The Fourth Amendment (granting the right of privacy) does not ban i he argued, for "there is no dividing line between hostile foreign forces and hostile domestic groups seeking to overthrow our ISncs Analysis cessary. The Nixon-Mitchell argument has been rejected on Appeals all the way up to the unanimous Supreme Court. price of lawful public dissent," the Powell opinion declared, "must not be a dread of subjection to an unchecked surveillance power. "Nor must the fear of unaii-thorized official eavesdropping deter vigorous citizen dissent and discussion of government action in private conversation.

For private dissent, no less than open public discourse, is essential to our free society." This isn't the first time that a President has been bitten by his own court appointees. When Justice Oliver Wendell Holmes rejected a position of Theodore Roosevelt, the latter Nixon's legal adviser. less bugging is not permissible under the 1968 Safe Streets Act. The administration said it was, both under the act and the Constitution. The other judges slapped down the government on both grounds.

Nixon has followed his former attorney general before, some President Nixon at a press conference at San Clemente, May 1, 1971, also pooh-poohed critics of the no-warrant wiretaps whom he called subject to "hysteria," adding that mmm mmm mnm mmm tmmm i said he could "carve a stronger backbone out of a banana," and for a long time wouldn't speak to Holmes. in IK5S1LI! I imrnmmffllTm II Ironically Justice Powell, the jurist who delivered the June 19 decision, was named to the court after writing a newspaper article supporting the Nixon-Mi 1 1 wiretap power and describing criticisms as "a tempest in a teapot." President Roosevelt in 1940 asserted he had authority to wiretap suspected German spies; President Truman in 1946 broadened this to include Amer 1 --rcJ Folding Camp Stool 16-Qt. Glass Tumbler Tektohj finish lovely vqcado. Enhances table! Sponge Tack Durable cellulose in assorted handy sizes! Snap-On FunnelcaP For pouring and storing! Acts as a funnel too! riastic Decanter Bis 'j-gallon mnlainer, top removes for filling! "Pop-Out" Ice Trav Big plastic flpx-tray hnld, 12 cubes; twist, quick ollt; Outboard Motor Oil For all 2-cycle enpinrs! Lessens wrar! 1 nn.n-t Sturdy oak frame wwhite canvas scat! 13xllxl7-in. KEG.

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The Powell decision does not rule on wiretapping against foreign nationals. The newly confirmed U.S. attorney general, Richard G. Kleindienst, an ardent supporter of wiretapping without warrants, formally presented his i credentials to the court June 19. He left just before the court's decision was announced.

Chess Champ Keeps Secret His Training By Charlotte Saikowski Christian Science Monitor News Service 3COW Boris Spassky wears an air of cool composure W.A.'s Appliance Carnival and Don't Miss This Exciting Appliance Carnival 1 -r-rT SAVE ON A WIZARD AIR CONDITIONER m11 1 I 1 SJo? Wizard Citation "Ex-rand-O" 10,000 BTU ON Tins MO-FKOST KKFKKiKITUU FHEEZFH'. Air Conditioner! Automatic thermostat 115 AC! Choice of Colors! of Food: i CHOOSE jrYOUR CHOICES 2 speed fan! Side panels expand to fit most windows! Don't Miss the 4 13.1 Cu.Ft. Upright Freezer ft El 1111 28 inches wide! "'sX i HOT P.P. Exciting Savings on Dozens of Items During W.A.'s Appliance Carnival! I Adjustahlecold control! Deep door storage! Jjljjj Wizard Citation Kanchcro Refrigerator-Freezer Wizard 14,000 BTU Air Conditioner Power exhaust! 2 speed fan! Automatic thermostat for controlled cooling! Fits windows 26 in. or wider! 12.5 Cu.

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It may he only a psychological pose, but the Soviet world chess champion gives every appearance of being in full control of himself as he prepares for the forthcoming match with American challenger Bobby Fischer. "I am in a very good mood," he said at a rare press conference. "I generally look on this match as a big holiday because it is quite a rare event, maybe once in 1 i i e. Objectively, Fischer is the strongest rival. I don't know the outcome of the match: Maybe he will win, maybe he will losei.

but in any event it seems to me the match betwsen us will be very interesting in terms of chess art." Quiet in manner and laconic of speech, Spassky is a marked contrast to the 29-year-old lerican "enfant terrible" of the chess board. Bobby Fischer is known for his brashness and bombast, and his squabble over the venue of the match and over the television and film rights has done nothing to enhance his popularity. Downplays Haggle Spassky tended to downplay what he described as the "painful" haggle over the site of the 24-game match, which will be held in Reykjavik. Iceland, and he suggested that Fischer's interest in money may not be i purely venal but a "struggle for individuality." He also gave Fischer his due as a chess player. "He is of course a brilliant player," he told newsmen.

"If ne did not exist, it would be very dull without him in the chess world." Fischer has often charged that the Russians deliberately schemed to keep anyone else from winning the world chess championship, which they havt held since 1948. Pressed for his opinion about such charges, Spassky said he felt the American has acquired a "persecution complex." "The impression is that he thiims that Soviet chess players want to do something bad to him," he stated. "1 never hat. such thoughts and will never have them, I hope." ht added, in wnat perhaps is a good psychological ploy, that lie "tell a little bit sorry'' lor Fischer because ot his attitude. Guards Strategy Guarding his strategy, Spassky refused to talk about his r' ysical and other training for the match, or to analyze Fischer's play.

He obviously did not ant to divulge his own approaches to the game. "So far this remains a secret," he commented with a smile. "After the match with Fischer, I think I'll be able to tell you more details on how I prepared." Queried about his life. Spassky gave a few details. He is a graduate in journalism from Leningrad University.

He likes literature and sports, especially tennis. Now in his second marriage, he has a 12 year-old daughter by his first wife, and a snn by his present wife. The son. Vasily, will celebrate his fifth birthday on July 2. the dav the much awaitpd chess encounter begins in Reykjavik.

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