Corpus Christi Caller-Times from Corpus Christi, Texas • 21

SECURITY CURTAIN PARTED Corpus Christ! Caller-Times Sun Aug 23 1970 SB TIT At Ease Henry A By SAUL PETT WASHINGTON (AP) "What kind of interview did you have In Henry Kissinger had asked that win evoke the Kissinger "The problem" he said quickly and dead-pan "is that the essential sweetness come through It is characteristic of the Kissinger wit which is considerable to be turned in on himself and on any picture of him as a Teutonic Dr Strangelove in the role of assistant for national security affairs to tne President of the United States Associates cite examples: "Excuse me I have to go down to the Situation Room and plot the war And that sounds even better in sorry I be there I was celebrating the birthday of my patron "I am accused of being a megalomaniac but actually I am a paranoic with the pleasure of knowing that in this job my enemies are "There cannot be a crisis next week My schedule is already ONE WAITS for an appointment with Henry Alfred Kissinger in what used to he the west lobby of the White House and is now the reception room The room is half as big twice as quiet and four times as neat as it was when the press lounged there daily in anticipation of Armageddon It is carpeted in blue and dominated by oils of serene landscapes A uniformed guard sits at a desk near the entrance to suite of offices glancing occasionally at inches and weighs 175 A German refugee at 15 who became a distinguished professor at Harvard a renowned member of the Eastern Intellectual establishment and world authority on the troubles between nations he still speaks in a deep voice softly touched with a German accent His brown hair rises from his forehead in small orderly waves and behind the horn-rimmed glasses in the blue-gray eyes me senses the quiet struggle of a quick mind trying to be patient with the shortcomings of others His visitor gropes timidly for the right conversational door A small joke perhaps? one attach any romantic significance to the fact that in the list of the dinner guests last night your name was followed by Alice Roosevelt "SHE IS ABOUT the only unattached woman they linked me says Kissinger with a weak smile that makes the small joke smaller is marvelous My generation produce people with that verve We need positions to know who we are She I often think looking at people like Mrs Long-worth and Dean Acheson you can disagree with them if you choose but you must say they have real Kissinger is talking easily but humor is not his mood of the moment He has been attacked bitterly by his farmer Harvard colleagues for the Cambodia incursion More recently the papers have been reporting increasing friction between him and the State Department and suggesting in fact that he commands the ear on foreign affairs at the ex- HENRY A KISSINGER GESTURES AS IIE TALKS listener is Secretary of State William Rogers (ap NtwihoNm PfMta) Middle-Income Persons Are In A Land With Lawyers Kissinger pauses for emphasis office will be ultimately judged not on a given recommendation but on whether we encouraged the bureaucracy to address the most important questions We should be judged not so much on our answers but on the questions we Kissinger cites as an example the long preparation for the strategic Arms Limitation Talks with the Russians An aide has credited Kissinger with being largely responsible for "probably the most detailed set of negotiating positions this government ever The aide said it was talent for asking the hard questions that stripped away and years of Institutional the tendency of the Defense Department to be extremely cautious the tendency of the disarmament people to want agreement for sake" lie said it was also Kissinger's Court decisions requiring lawyers for indigents generally have a fairly low cut off A laborer making $6000 a year is usually ineligible Another reason for the present predicament is that the organized bar did not like one of the propped solutions-group legal service in which one or two lawyers would handle the legal work of all the people in a certain group such as a union Various canons of ethnics prohibited such arrangements not until the So- preme Court upheld them in 1962 1964 and 1967 were they accepted Even now they are not viewed with much favor "Tne relationship between lawyer and client is says Charles Goldberg of Milwaukee Goldberg and many others favor some kind of insurance program to Blue Cross But the Insurance laws of many states would prohibit such a plan and there are no statistics on which insurance companies could work out a profitable premium And legal problems are considered harder to insure against STILL IN A situation in which as one said are pricing themselves out of the middle-class there is a lot of pro-insurance sentiment in the a lot of pro-insi legal profession In the meantii trating on finding or sionafi to are concen- paraprofes- lawyers are accustomed to doing Because there is only one college course in the subject a two-year program at St Louis Junior Community College that began last year many lawyers are beginning to train people themselves The use of paraprofessionals will out i for toe client The lawyers though meantime lawyers i 1 training take on tasks that lawyers costs for the client' The lawyers though the waiting visitor who instinctively feels obliged to look unmenadng "Henry still in with the President?" a man in shirtsleeves asks He is told yes Inside one of secretaries says into the phone "I want to be difficult damn it but we called first for that (Trouble it seems in the White House motor pool) One hour later Henry Kissinger whose time is not his own materializes in the corridor to the east apologizes explains he was with the President and invites his visitor in He is stopped at his own office by an aide and together they disappear behind the closed door Moments later he reappears ducks into another office behind a closed door Then yet again he emerges only to disappear behind a third closed door Now he emerges again mutters "just one more and visits the wash room Finally with security matters foreign and domestic evidently secure for the moment Henry Kissinger leads his visitor into his office ONE NOTICES immediately on a wall of the quiet ground floor room in the northwest corner of the White House a large photograph of a veterinarian about to innoculate a frightened bulldog It is one has already teamed a picture Kissinger admired at a Russian exhibition whch was given him by Soviet Ambassador Anatoly Dobrynin who wrote on the back: be too serious Take it easy Henry Kissinger thoroughly relaxed now sinks low in an easy chair and graciously invites his visitor to do the same He is a man of 47 stands 5-foot-9 the middle class about the situations ir which hiring a lawyer early will save thousands of dollars in legal fees The problem as many lawyers see it is threefold First people often do not know that their predicament would be helped by legal advice "People come in after they've signed the contracts when rat 're already in a jam not be Henry A Politz of Shreveport the insurance experiment said tor of the direc- SECOND EVEN if the Individual does know he needs a lawyer he often does not know where to find one especially if he lives in a larger city And even if he passes the first two hurdles he may soil forego lend help As Pain A Freund professor of law at Harvard explains thkdc a hit of middle-class people are afraid of the law not the way blacks are afraid but because of fees In America range from $20 to well over $100 an hour with even young lawyers In big cities getting about $35 If a trial is required the costs go higher Paul Hameston of Duluth Minn says that he recently had a New York firm do a job that he thought would have cost about $3000 in Duluth He told Ms client to expect a $6000 bill "because New York costs The bill came to $10000 Lawyers give a variety of reasons for these problems They say their fees are not unreasonable in terms of their costs At least 44 per cent of a fee according to speakers here must cover overhead ALSO A LOT OF lawyers assumed and some still assume that legal aid programs take care of those for whom legal fees were too high But these programs which have grown under recent antipoverty legislation and Supreme 0 PU L'ATJON 196011969 Auto Theft 4 New York Tlmn Newt iorvlc ST LOUIS Lawyers are discovering a forgotten client the middle-income middle-class man or family And they are beginning to concede sometimes with embarrassment and sometimes with excuses that they have failed him They are saying now what much of the middle class has known for years that it is easier to retain a lawyer if one is rich or poor than if income is merely moderate that as was once true of the medical profession it is easier for the rich or poor than few the middle-income person even to know when professional help is needed and where it can best be found They are saying as Bernard Segal just retired president of the American Bar Association put It that there are of these people who getting the legal services they They are beginning to rethink their role to look up from their law books or beyond their corporate accounts or further than the free work they do on occasion for the indigent and further too than the government-financed legal aid program for the poor And some of them my because of potential profit partly ause of professional pride are begin-ning to change THUS A Philadelphia law firm is letting specially trained secretaries and clerks draft such papers as preliminary pleadings the clients bill for these para-professional chores is $5 or $750 an hour rather than the $35 or 40 the lawyer would charge for the task In Shreveport La 500 construction workers have just begun to pay 2 cents of each wages as premiums for legal an attempt to do for the law what Blue Cross and Blue Shield have done for medicine And in St Louis recently the American Bar Association is considering a plan for a national advertising campaign to tell pense of Secretary William Rogers "What do you think are the misconceptions about a man in your "One of the painful problems is the inability of people to grant good faith to those with whom they disagree They put a presidential assistant in the position of either being disloyal to the President or make him the focus of bitter attacks of the worst misconceptions is the idea that a presidential assistant exercises some Svengali influence over the President worked with three presidents (Kennedy Johnson Nixon) A man become president who has a weak will You establish any mesmeric influence over a president and if you have a conscience you try would be preposterous to pretend I have any influence I do But my position is something like this: I say to the President got this problem and you have three or four different ways of going at it and here are the different points of view When he asks what I think I tell him But a president is never dependent on one man He afford to Among other misconceptions Kissinger points out that the outsider can not appreciate the enormous pressure put on White House people for their time he says referring to his life at Harvard and as an occasional presidential consultant "I could always deal with a problem in what I thought was a reasonable way I could work at something until I thought I understood it Here had to put problems in order of priority and hope that the low priority ones hit us before we get to them "Also the outsider believes a presidential order is consistently followed out Nonsense I have to spend considerable time seeing that it is carried out and in the spirit toe President intended Inevitably to the nature of bureaucracy departments become pressure groups for a point of view If the President decides against them they are convinced some evil influence worked on the President if only he knew aH the facts he would have dedded their way "The nightmare of the modern state is the hugeness of the bureaucracy and toe problem is how to get coherence mid design in it" Away from toe affairs of state Kissinger has been pictured as swinging bachelor of toe Nixon He drives a white Mercedes and is a connoisseur of toe ballet and fine restaurants His dates have been widely noted One of them Barbara Howard calls him super A white House aide also credits her with this definition: "Sex in the Nixon administration consists of Henry Kissinger slowing down to 35 miles an hour when he drops you off at night" At a recent formal function at toe White House a beaming Hoary Kissinger was seen watting through toe public rooms of toe mansion hOkfing hands wlto Christina Ford toe beauteous wife of toe motor company magnate For toe benefit of toe curious the former professor noted slyly other Henry is out of And so the question: "With your six-day wok weeks and your 13-hour days i time where did you get toe time and energy to build up the playboy Image build it He says almost demurely did I are semibusiness" HIS VISITOR tries not to look too curiously at the documents on his desk and the table behind There is a foot-long line thinner stack of ugent cables In shiny three-inch stack of ordinary cables and a of folders of background reading and plastic folders of varying colors All this got to be ready when the Presi- trict attorney that would amount to information that could be presented outside the rules of evidence AS FOR POLITICAL reasons it could be the first falling dominoes leading to a totalitarian state As to practical reasons The poor and some middle-class people could be detained because they afford counsel As for the poor there just enough public defenders for adequate attention to the cases of such persons Lastly look at the scientific aspect There has been no empirical evidence supporting toe claims for preventive detention The claims that preventive detention would substantially reduce the crime rate seem extremely exaggerated Courts cannot with any degree tolerable accuracy predict in advance the defendants who will commit a crime Many innocent people will be jailed This Nixon approach violates our traditional presumption of a being innocent until proved guilty It says in effect that some men are guilty until they prove themselves innocent Thompson: We have seen too many cases where a defendant is indicted goes out on bail commits another offense to raise the money to pay for the bail and the lawyers in the and Indicted again and runs a string of up to 10 or 15 cases IIE KNOWS HE can make crime pay in that fashion because the court system is so overloaded that if he to one offense he can liability for the other 14 and he will not receive a greater sentence for 15 offenses than he would have for one The system that allows people to abuse bail in this fashion is a system that encourages lawbreaking It Is simply raising the fear to an unwarranted level to talk about toe preventive detentkn legislation an instru represents which Kis-are not worried With lower costs they singer must do to remain expect a greater demand: The greater -demand they hope will be expanded still further by the proposed publicity of your job like?" dent asks me what this or that means that he has just read In a newspaper or government document I know how long a man should stay In this job You have to be on your toes and in high gear all the time You afford to coast This was also true of my processors sure You must also be deeply Interested in the subject or you'd go "What is your feeling like when the President asks your advice on some monumental possibly Armageddon type of some ways it is more serene here than on the outside done toe best I can and no sense fretting about it If I started fretting Td go crazy Also: I started as an historian If you learn anything as an historian the transitoriness of power and political structures of states alleged contests between me and the State Department two or three years from now It matter a damn who signed a particular recommendation If we do reasonably well in our foreign policy there will be credit enough for everybody If we it PHONE buzzes and still douched low In bis chair he answers in a few words He returns to his point "I make very sure to td the Resident of toe choices various departments recommend and the implications of each Usually he asks which Td take and I tell him "The whole thing is discussed in the National Security Council while the President is still deciding in his own mind Everyone gets a crack at it He likes to have the alternatives presented to him in writing Then he stews about it and decides by Mnwrif is absurd for anyone to say that the President did not consult others before he made his Cambodia decision I can show you a tog of whom he talked to He did nothing rise but consult for 10 91 days before making a ment of political repression Any government that is going to the length of imprisoning people on political grounds is not going to be deterred by the fact that we do not have a preventive detention statute This legislation will not discriminate against the poor It will simply act upon those who commit repeated criminal offenses or pose a danger to toe community because of the type of offense they commit or because of toe danger they pose to witnesses Murphy: I think Jim Thompson still begs toe question Where are the data where are toe scientific studies to show that in fact a man out on bond win commit a second crime? This legislation calls for detention of those who are arrested for "dangerous without regard to rearrest while on baiL THOMPSON: WELL THAT assumes that everybody who is arrested for a rific crime win be dealt with under preventive section of the bill and that simply is not true Only those against whom there is dear and convincing evidence that there is a probability that they will commit other offenses or pose a danger to the community will be dealt with or even introduced into that part of the legislation It is just as simple for the judge to determine who is likely to pose a danger to the community if he is released on ball as it is for a grand jury to determine if there is probable cause that a person who has committed an offense Is a danger SIMPLY BECAUSE toe Constitution says that excessive bail shall not be required to say that everybody in all circumstances Is entitled to bail People who have been accused of capital offenses who been to trial are not constitutionally entitled to baU And there is nothing in the Constitution that says that the state must give bail to all defen gRMEfiff Encounter: Anti-Crime Bill 150 100 which greatly accounted for toe decisions to foreswear most ferns of biological warfare and to return Okinawa to Japan KISSINGER HIMSELF preparations for the SALT result is that once the negotiations started they could move more quickly This is the best of the arms control negotiations bad so far Seventy-five per cent of that can be attributed to our preparation The rest of course is explained by toe change in Russian attitude They never would have done this in the Stalin period" suppose the biggest problem In your work is one of intelligence of knowing what toe other intentions is impossible to find out Yon never rit right The tragedy of foreign policy that the scope of possible action is great but the information cm which based is limited How can you know the other intentions? You All you can see are his actions Are moves in toe Mldeast purely defensive or offensive? The problem in this work is you wait to find says of the talks: "The dants under all circumstances Murphy: The present bail law works quite well in the federal courts in Chicago where many defendants are out (without bond) and do show up to court Preventive detention has always been used here in juvenile court There is no bail system in that court AH the prosecutor has to do is tell the judge the boy is a danger to himself or society Now if that is going to be the formula for everyone else we are in for trouble Thompson: But Pat a far different svstem The fault of that system is simply that bail has never been recognized in juvenile proceedings and thatri where the attack ought to come Murphy: see that to legislation of this sort the wealthy many wiu a good lawyer will be able to come up with client expert testimony saying that not a menace and that if is he loses ppeal That be the case very often where the poor are concerned THOMPSON: THAT I think is a grossly overstated prediction There is nothing about the bill to make it more likely to effect the poor Sun-Times: What good do you see in your side of it? Murphy: If a judge can determine and if a prosecutor can determine that a person who has committed a very serious crime will again commit such a crime Ihen all right For Instance the sexually depraved person should probably be detained But only if the judge can determine with substantial probability that the man is going to commit the crime If he can In such a case toe reasonable Thompson: Civil libertarian groups and Perhaps with i better amendments Then Is cer- This is Encounter a report on a subject of current interest as discussed by persons involved in toe problem This discussion deals with an anti-crime bill recently signed by President Nixon which permits preventive a defendant charged with a dangerous or violent crime In the District of Columbia can be detained without bail for up to 60 days if a judge found his release would pose a serious threat to community safety In this Encounter conducted by reporter John Adam Moreau of the Chicago Sun-Times two legal experts differ on the provision They are James Thompson 34 first assistant US attorney for the Northern District of Illinois who supports it and attorney Patrick Murphy 31 director of the Juvenile Reform unit of the Legal Aid Bureau of Chicago who does not Swt-TkllM Sun-Times: What is your positioi the crime legislation? Murphy: against preventive detention on constitutional grounds political grounds and practical and scientific grounds Thompson: I support the measures They deal with a very narrow and specific problem that Is those defendants whose liberty constitutes a danger to the community this (danger) of course is determined by a judge after a hearing Murphy: Its effect could be counter to the Eighth Amendment which states that excessive bail shall not be required I believe It is contrary to several Supreme Court decisions including Stack vs Boyle which states that toe only reason for ball is to ensure the presence in court The crime legislation is vague It says a person can be held in custody if the judge believes there is substantial probability that he commit another crime toe legislation states that evidence could be submitted fey toe dis The trend continues upward in the latest report in its "Crime in the United States" series The 1969 crime index the total number of offenses reported to the federal agency by local authorities rose by almost five million over the previous year Tha index is based on seven serious crime classifications murder forcible rope robbery aggravated assault burglary larceny $50 and more In value and auto theft rGRlMEfAROUNDSTHElGLOGKl Serious Crime Crime is a full-time occurrence according to tha FBI's rt't on sefious crime in the United States during 1969 Among sanaui ermes-Vhch cIsoiKlude forcible ropg aggravated assault burglary and auto theft is by for the most frequent tainly the risk of abuse of sire that gives new power to the police or tM prosecution or courts.