a an 3an5 annual I DECLASSIFIED epartment of ushes WE washing My 27 a Eig igtg it w i monsoon FOR THE ATTORNEY cm 3 f if i w I have examined the report of William D Mitchell on the Chico It is my recommendation that no prosecution be instituted I think that Mr Mitchell's analysis demonstrates that it is quite in probable that a conviction could be obtained and I think that this is a case which we can not afford to bring unless there is a reason able certainty of winning Moreover in addition to the factors pointed out in Mr Mitchell's memorandum I do not think that this is a case that the public would ever understande Technical eXplanation is necessary to spell out the violation consequently the whole case would become engulfed in questions of freedom of the press censorship etc I do not think we could succeed in making our position clearly encugh understood to accomplish any real public benefit I thoroughly agree with Mr Mitchell that the conduct of Heloney and Johnston was despicable but I think that the legal grounds for prosecution are too tenuous and the chances of public misunderstanding -too great to undertake prosecution It would probably be best to suggestion to submit the question to the Navy and invite its judgment but in any event I would advise against prosecution Respectfully Submitted WENDELL BERGE Assistant Attorney General 23 2 - New ax- My 803 i                     National Security Archive    Suite 701  Gelman Library  The George Washington University    2130 H Street  NW  Washington  D C  20037    Phone  202 994‐7000  Fax  202 994‐7005  nsarchiv@gwu edu