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Wr 58-490 of the matter until shortly after September 15, 1947, when GEORGE. O'BRIEN, of the Associated Press, who covers the Federal Courthouse, had questioned him in regard to the case of the five subjects. GEORGE O'BRIEN advised the Judge that he was preparing a story on the parole of the subjects. At the time he contacted the Judge, O'BRIEN advised that the nolle prosse of the mail fraud indictment was a necessary step in the parole of the five subjacts and had to be dismissed before any parole could be granted. Judge LETBELL declared that this news came to him as a complete surprise and had he know of it at the time of the nolle prosse he would doubtless have had the case assigned to another Judge, probably to Judge JOHN BRIGHT, who had imposed the original sentences in the anti-racketeering case. Judge LEIBELL declared that since he did not know about the parole at the time he relied completely on the prosecutor. In this connection Judge LEIBELL stated the proseoutor is practically completely responsible for the nolle prossing of an indictment and it is the custom of Judges to lean upon the prosecutor when considering a nolle prosse after making, of course, the necessary routine inquiry required of a judge. In this same con- nection, Judge LEIBELL went on, he made no inquiry into the history of the subjects against whom the nolle prosse of the indictment was being entered because he felt their history and background would have been comletely probed and taken into consideration by the Judge who imposed sentence and by the Office of the United States Attorney. . dudge LEIBELL declared that he had met GEORGE O'SRIEN a few weeks ago in the Federal Building, at which time Mr. O'BRIEN advised the Judge that he had written the story on the parole of the sub- jects, but it had been pigeon-holed because it was based too mich upon inferences Reference ig made to tha report of the re- porting agent dated October 3, 1947, wherein informition is set forth re- garding the check of the files of United States Attorney John F. XK. NcGohey in this connection, by SA Quai & a | S} On October 6, 1947 SA was advised by Mr. MoGohey's office that additional material had been located in regard to this case. According to a confidential memorandum to the Attorney General by Special Assistant to the Attorney General, BORIS KOSTELANETZ, dated July 9, 1948, it was recommended that the mil fraud SS