Word: gurfein
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When the Times refused to comply. Assistant Attorney General Robert Mardian began the Government's legal attack by seeking a temporary restraining order?the prelude to a permanent injunction?in Manhattan's federal court. By chance, the case went before a recent Nixon appointee, U.S. District Judge Murray I. Gurfein, who was serving his first day on the bench. Last Tuesday the new judge issued the restraining order and set a Friday hearing to consider the injunction. Meanwhile, the Government showed concern about its key legal problem: how to prove the alleged injury. It asked Judge Gurfein to order...
...Gurfein said the temporary restraining order will be in effect until 1 p.m. Saturday, and he scheduled a hearing on the government's request for a preliminary injunction for Friday morning...
...Gurfein said he granted the order "because in my opinion any temporary harm that may result from not publishing during the pendancy of the application for a preliminary injunction is far outweighed by the irreparable harm that could be done to the interests of the United States government if it should finally prevail...
...Here you have the question of to what extent the court has to take the government's word," one professor at the Law School said, "It's hard to say how close a look the court will take at the government's charges, but the closer Judge Gurfein looks, the less probable injunction becomes...
Still, the professors were hesitant to anticipate Gurfein's decision. As one sympathetic to the Times and Judge Gurfein said, "When you get right down to it, if I were in his position, I would throw up my hands and go home...