European Stars and Stripes (Newspaper) - June 20, 1977, Darmstadt, Hesse                                Poge 12 the stars and stripes monday june 20, 1977 Tom Wicker ambiguous approach to civil liberties in , in this Early stage of its life thearter administration seems to be Someth ing of a hybrid on civil liberties neither entirely careless of them nor particularly devoted to their  himself appears to have squelched for instance the Early Zeal of his Cia director. Stansfield Turner for Alaw making the disclosure of government secrets an illegal act. On the other hand Given a Chance at his last news conference to exert some pressure on behalf of the Wilmington 10, Carter said he could icon mint on the specific Case which no doubt was prudent but he then delivered bringing endorsement of the judicial system of which the 10 consider them selves prominent victims and whose Dubi Ous performance in the Wilmington Cas Carter s Justice department is looking  other developments further Sug Gest an ambiguous administration approach to civil liberties questions sen. Edward Kennedy after Long hag gling with the Justice department introduced a Bill to bring foreign intelligence wiretapping under court control. On balance As Kennedy conceded in his introductory remarks the Bill in notable particulars is an Advance Over a similar measure he introduced last year on behalf of the Ford administration. Yet. The Sena Tor said he still harboured my own serious reservations As to certain sections of the new  Carter administration Bill retains the controversial feature of the earlier measure that would permit electronic surveillance of an american citizen without showing that he or she was committing or about to commit a crime. But the new Var William f. Buckley Leff right join Kearney protest a fortnight ago a letter went out to a few Hundred prominent american signed by William k. Simon former Secre tary of the Treasury As spokesman for a organizing committee comprising himself former ambassador Clare Boothe Luce and former senator James l. Buckley. Uliey had set up a citizens Legal de sense fund for the Fri catalysed by the indictment of Fri agent John j. Kearney who is scheduled to be tried for illegally tapping the telephones and otherwise interfering with the privacy of persons suspected of complicity with the weathermen s underground which during the late sixties and Early seventies Pur sued a policy of blowing up random Ameri cans in order to express dissent from american policies. Or. Simon and his associates interpret the decision by the Justice department to go after Kearney As an expression of a Gen eral assault on the Fri and the Cia. An act of harassment and his request for funds to help Kearney i he asked that checks be sent to suite 608, 95 Madison Avenue. Newyork . 10016 has been answered by an ecumenical Avalanche of persons who be Lieve that the harassment of the Fri is exactly what is  would expect senator Goldwater commander Lloyd Bucher. And Phyllis Schlafly to respond to or. Simon s  what about to mention Only a few Charles Addams the cartoonist Murrayaaron one of the founders of the Liberal party of new York Allen Drury the novelist Loren Siscley. The philosopher of Sci ence Eric Hoffer the fiercely individualistic Longshoreman Frank Borman. The astronaut president of Eastern airlines Peter kurd the artist Din Merrill the entertainer and. The biggest catch of the lot. Leon Jaworski. Special prosecutor in the watergate investigation whose activities resulted in the resignation of Richard Nixon and the trial and conviction of the most prominent members of his political and administrative entourage Are these people condoning illegality we must assume that the question is More complicated than than although the com plications have not been widely Adver  do not know what went on in the grand jury room where agent Kearney appeared without counsel. We do know that columns comments he was regularly brought Down to Washington to be decorated for Superior performance of duty. We know that in 1972 the supreme court distinguished Between what the attorney general can legally do if he is on the track of foreign espionage or intelligence and what he can do in domes tic situations in the latter his authority is More clearly  do not know whether Kearney or his superiors had reason to suspect that there might be a foreign connection. Nor do we know whether Kearney s instructions from his superiors were explicit or merely implicit is assume the latter from the circumstances of his High standing in the Fri on the broader question of harassment of the Fri we Are reminded that Candi Date Carter pledged that Justice would bed politicized if he became president. The first thing he did on achieving office was to reach a political judgment in respect of the draft evaders and deserters they were fallowing the dictates of their  As much be said for agent Kearney my favorite of the whole lot is Philip Agee. His most recent contribution to the United states has been the publication in a left greek journal of the whole roster of alleged Cia agents and contacts working there. Agee proved too much for the Brit ish who finely kicked him out of the coun try a few Days ago. He will return to the United states and. So far As one knows proceed with impunity the hero of the Anli Nomi Anset. I must confess that i think of Agee As lord Birkenhead did of the British traitor Philby. About whom he wrote we shall never know How Many agents were killed or tortured As a result. It appears now we must Alsa abandon any Wistful dreams of seeing this Little Carrion Gib belted. One has also alas the feeling that if or. Philby were to reappear in England he would go Over to Oxford or somewhere to lecture on the transcendental cause reserved and be instantly acclaimed As a Prophet of the new and the Sublime a country that is indifferent to the age Sand Philby but prosecutes its Kearney is out of Kilter. That is the reason Why men and women from the left and from the right have come together in protest. C Wilmington st4r Sion. Unlike the old empowers a Federal 4 judge to go behind the  i certification and demand proof that inform Malion being secretly transmitted by a f7lizen targeted for surveillance is. In Tetil harmful to the interests of the unites that s a gain and so is the elimination in the new Bill of a vague disclaimer of intent to limit any inherent Power of the president to wiretap for National Security purposes a similar disclaimer in the Safe streets act of 1968 would be repeated. Hut would leave legislation As the exclusive source of authority for any form of  surveillance and should quash the notion that a president has some inherent v1.power to Bug and tap As he sees it. The scope of the new Bill also has been expanded to include surveillance in Tho. Strong opposition to the plan from the for administration the general accounting office Many state and local police Agen cies and influential members of Congress including rep. John e. Moss the civil liberties watchdog from California. Carter administration approval of the message switching plan came on May 19, according to David bum Ham of the Newyork times. That was a month before car Ter s special commission suggested five names to him for possible appointment As a director of the Fri. Having conducted such an exhaustive search for the right person to rebuild and bring new leadership to the scandal shaken Fri it seem strange that Carter did not wait until the Bureau had shown itself to have shed it sold threatening attitudes toward civil liberties before he approved the message switching scheme. Still this is the same administration that is moving boldly to prosecute Fri agents for past violations of the Law. In a otherwise ambiguous pattern that action most nearly suggests a Basic concern  Bill of rights. A  Rboert cd Emo Cartic