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...Ethel and Julius Rosenberg to the electric chair as Soviet atomic spies in 1953. But a stubborn myth persists that they were framed. That myth sustains Morton Sobell, 49, who got a 30-year sentence as the Rosenbergs' coconspirator. Last week Manhattan's U.S. District Judge Edward Weinfeld rejected Sobell's seventh appeal, a free-swinging charge that the Government convicted the Rosenbergs - and him, too - with "false, perjurious"evidence...

Author: /time Magazine | Title: Decisions: The Rosenberg Myth | 2/24/1967 | See Source »

...page opinion, Judge Weinfeld coolly reviewed the case that Authors Walter and Miriam Schneir hotted up in their recent pro-Rosenberg polemic. Invitation to an Inquest (Double-day). Part of that book was inspired by the fact that Sobell had not been specifically accused of helping the Rosenbergs tell the Russians how the 1945 Nagasaki A-bomb worked. Sobell's lesser crime was that he helped Julius Rosenberg badger a Navy Department engineer for classified antiaircraft and fire-control information. Even so, he was indicted with the Rosenbergs and duly convicted of engaging in the "single conspiracy...

Author: /time Magazine | Title: Decisions: The Rosenberg Myth | 2/24/1967 | See Source »

With gentler scorn, Judge Weinfeld pointed out that the Government was not required to prove that the espionage agents had "achieved perfection" by stealing all specifications for mass-scale bomb production. Such standards were "irrelevant" to the case, Weinfeld said. Greenglass was merely out "to get what he could"; his success was proved by the scientists' own affidavits, which described his version of the bomb as "correct in its most vague and general aspects." In 1945 that was plenty...

Author: /time Magazine | Title: Decisions: The Rosenberg Myth | 2/24/1967 | See Source »

...Gold's story, Sobell's lawyers claimed that he never met Greenglass when he said he did. They said Gold's hotel registration card was forged (supposedly by the FBI). Wholly unproved, ruled Judge Weinfeld, quietly noting that Sobell's petition contained no affidavit from the one person who knows the facts-the still available room clerk who presumably handled the card...

Author: /time Magazine | Title: Decisions: The Rosenberg Myth | 2/24/1967 | See Source »

Finally, the Sobell petition claimed that the Government suppressed recordings of 1950 interviews between Gold and his lawyer, which might have revealed perjury in his story of the Greenglass meeting. Such suppression, said Weinfeld, was impossible. Because the recordings were protected by the "lawyer-client privilege," they were not even given to the FBI until 21 years after the trial. Moreover, said the judge, "a careful reading of the transcripts of the recordings and all other material, rather than supporting petitioner's charges, strongly corroborates Gold's trial testimony." In short, ruled Weinfeld, Sobell has nothing to complain...

Author: /time Magazine | Title: Decisions: The Rosenberg Myth | 2/24/1967 | See Source »

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