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Subpe raas Uphel: © Th Burglary Probe Involving FBI Men. By Warren Brown Washington Poat Stat Weiter NEW YORK, Sept. 3A federal judge denied a motion here today that could have jeopardized the Justice De. partment investigation of alleations that FBI agents committed leva! bur- glaries within the jast five years. LS. District Court Judge Werker demed a motion te quash urand jury subpoucuges for two former FBI agents invetved in the prabe be cause. he said. HAwas fovent prema- furels. moans had ‘been ‘successful, tion would have shut down our wage willl we eoukd Nave reversed it,” as. sistant Attornay General J, Stanley Pottinger said 4 the ruling. Pot- tinger beads the Justice Department's ivi Rights 1) viston, which has heen conducting ine pight-month investiva- SoA Withaush the motion, filed by aiturnes Jack Bs Suierwitz, ered unpy the twa former agents, it would have applied to all avents—reportedly about 23 -if it had been granted. Solerwilz, arguing or behalf of fyr- wer New York special agens Clai- borne J. Poche and Philip J. Newpher, said their appearance before a grand jury would have jeopardized national ccurity interests. But Werker said the contention was unfounded because agents claiming "hat they had committed hurglarics to protect national security options. Justice Department investigators could accept (heir assertion and allow the agents to remain silent, he said, or the government could go into a pri- vale session with the judge and the ugents’ lawyers to determine whether | (he pational security argument ‘was valid. a. som. if the jude rules in fator Of Zh. agent, the acent may remain silent; if not, he gould be compelled to testify, VWs WELKEr a. He added that The Justice Depart- ment could ellmmate the need for a closed session by giving the acent im- mnuization to disclose matters th ae aszent may regard ag potentially harmfa? ta national interests. Pot. wen | pointed out that such im: Heory the nto: had several - a ‘munization would be for the act 6f disclusure only and not for the con- tents of the disclosure, Werker also said an agent may be compelled to testify if it can be shown | (hat the Attorney General feela that - ‘ adequate safeguards have been tagen to protect the confidentiality -of sensi- tive disclosures, Worker sald the Justice Department | could declassify documents phat aq; agent or his atlorneys regard as tee: tional security matters, thereby makej ins the question of catiunal security: moet Pottinger said he does wot think that there will He a need to declassify any documents in the case because, he <aid no national security interests are invatved. rl Werker alsu rejected a m@tion by — Solerwity lo appolnt a special prosecu- tor to head the Justice Depagimefft's probe hecaus2, the judge said, he had ne power ta do sa. Solerwitz apneuled Werker’s ruling and asked for an emergency delay of the urand jury subpoenas pending an outcome of the appeal. The U.s. Court of Appeals here is expected to cule on Solerwitz’s re- quest hv 9 am. Tuesday. 4 The burglartes in the New York area were discovered as the result of a lawsuit by the Socialist cuarging Party. a _Trotskyite _Sroup, charging te fe queral agen that the FBI and other fi cies had harassed and committed vie gal acts againat the party. The federal judge heari we a ordered the FBI to produce ument in its posgegsion rele! SWP and, in the course these documents, FBI agen ee file in the New York field office pod \aining information about the burglar | So far nong of the burglaries es obm. mitted during 1972 and 1973 has 7 identified as having been d : against the SWP. Justice Department - sources have said that most were ed at organizations and individu. dals that the FBI thought might have . information about fugitive’ members of the Weather Underground. - . Assoc. Dir. 3 Dep. AD / Dep. ADI Asst, Dir.: Admin. __ Comp. Sys Ext. Affair Files & Con Gen. Inv. _ ident. t- Inspection tintell, Laboratory Legal Cour Plan. & Ev Spec. inv. _ Training __ Telephone Ri Diragtor Sec’ a ms \. The Washington J?rswt am Washington Star-News Daily News (New York? __ The New York Times The Wall Street Journal — — The National Observer The Los Angeles Times —— HOT RECORDED qietees T4 1977 ’ i .