Ellsberg v. Mitchell

MEMORANDUM OPINION AND ORDER

FLANNERY, District Judge.

Daniel Ellsberg and Anthony Russo are on trial in federal court in California for publishing what have become known as the Pentagon Papers. 1 The trial began January 17, 1973, and is expected to take three or four months. During pretrial proceedings the Government disclosed that electronic eavesdropping had occurred, but the judge refused to compel disclosure of the intercepted communication because it was not related to the defendants on trial. The matter before this court is a civil action brought under Title III of the Omnibus Crime…