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we are engaged in war 3 then continue to traffic in our nilitary secrets when this allegedly friendly country becomes hostile to. us and engages in a cold war with Anerica? We can expect Citine of © foreign natt on te do “everything to benefit thetr country, | we have a right to expect Americans rot to enltst tn @ conspirac to destroy their own country." , ‘Ia answer to the Befensek contention that Russia was ot: ally at the tine thts erine was conattted, Judge Toufacn stated, “But the Rosenbergs urge that Russta was our ally tn 1944 and 1945 and hence this Court in tupostng sentence wos uatng hind~ charged with the duty of determining what military secreta are 1 be gtven to a foretgn power, but that the decision rests with any tndiuidual who atght be disgruntled with the determination made by sur leaders on matters affecting our security. Suche Governnent, tt t# obvtous, could not long exist.” In dealing with the defendants’ contention that Russt{c friendiy country at the time of the Sransmission of infor- a matton Judge Kaufnan sctd, "Furthermore, Congress wisely did no: distinguish between a friendly er an enemy country tm prescribt: puntahment for ects of esptonage. The law was intended to prot and to keep inviolate our uilttary secrets from all foretgn powers." Continuing, Judge Kaufman stated, "What right have thé defendants now to cry, ‘Rissta was our ally," when they were thé = 219 » ne -