March 16, 1949
MEMO OF TELEPHONE CONVERSATION
Participants: Attorney General Clark Secretary of State Acheson
Subject: Gubitchev case
About 12:15 this afternoon Secretary Acheson discussed with the Attorney General the Gubitchev case which had been the subject of an earlier discussion between Secretary Acheson and Mr. Clark.
Mr. Acheson indicated that the State Department had considered the matter again and felt that the wise course for the Department was to stand on the recommendation which has been made to the Attorney General insofar as the deportation of Gubitchev is concerned.
Mr. Acheson stated that the main point which concerned us is the question of possible retaliation by the Russian authorities on non-diplomatic U.S. employees in Moscow. Mr. Acheson said that the Department felt that nothing he said to the Russian Ambassador would prevent the possible arrest of certain of the U.S. people in Moscow. In Mr. Acheson's opinion the past practice of deporting aliens charged with these crimes could not be changed without almost immediate retaliatory action on the part of the Russian Government. From the overall standpoint, Mr. Acheson felt that the Department must stand on its earlier recommendation. He did indicate that the decision was primarily one for the Attorney General in deciding what the requirements of law and justice are in such cases.
Mr. Acheson did indicate, however, that if he talked to the Russian Ambassador and the Russian Ambassador went to the press, both the Departments of Justice and State would get a considerable amount of criticism for what appeared to be a "railroading" of the girl while the man was permitted to go free.
The Attorney General said that the Head of his Criminal Division, Mr. Alex Campbell, now felt pretty strongly that the two should be tried together. The Attorney General thought that it might be well to submit the problem to the President for a decision on the case.
Mr. Acheson said that it would be acceptable to him to refer the case to the President and indicated that the whole question was difficult of decision since either decision which could be reached would result in considerable difficulty.
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