861.20211 Gubitchev, Valentine/4–3049: Telegram

The United States Representative at the United Nations ( Austin ) to the Secretary of State

confidential
priority

545. Request Department approval that USUN” transmit to SYG Lie for his information exchange of notes between Department and Soviet Embassy regarding Gubitchev in view SyG’s keen interest in case and his complete cooperation with US in handling it.

Also suggest that notes or summary thereof be made public in view distorted version of the legal status of Gubitchev’s arrest and trial given in Moscow Literary Gazette recently.1 As matters now stand, foreign delegates and alien secretariat employees have read only Soviet allegations that Gubitchev arrest illegal under US law. Since delegation and alien secretariat personnel generally not acquainted with US law on such matters it would seem well to have the point clarified by publication of US position and citation of relevant statutes and international agreements.

Judge Rifkind’s ruling on Gubitchev immunity claim expected early next week. Department may wish to time release appropriately since exchange of notes has been made available to Rifkind with request he not quote them verbatim but with understanding he may refer to their conclusions.

Austin
  1. See telegram 1088 from Moscow on April 29 and footnotes 2, 3, and 5 thereto, p. 790.