October 6, 1973

Vice Pres Agnew's attys on Oct 5 serve at least 8 subpoenas on news orgns and reporters in unprecedented search for news leaks from Justice Dept; subpoenas, authorized in Baltimore on Oct 3 by US Dist Ct Judge Hoffman, ask for 'all writings and other forms of record (including drafts)' that touch on communications with Govt employes in connection with criminal investigation into Agnew's affairs that is now being made by Baltimore grand jury; subpoenas go to N Gage (NY Times), W Sherman (NY Daily News), R Cohen (Washington Post), S Lesher, Newsweek's Justice Dept reporter, R Walters and R Sarro (Washington Star-News), F P Graham (CBS), R Nessen of NBC and Time (pub); attys for some of news orgns involved are working to prepare motions to quash subpoenas based on grounds of Const's 1st Amendment guarantee of freedom of press and recent Sup Ct decisions; it is believed that subpoenas will also be served on Justice Dept members; CBS News repts on Oct 5 that Atty Gen Richardson, Asst Atty Gen Petersen and US Atty in Baltimore G Beall have been subpoenaed; comments by affected news orgns noted

NYC Purchase Comr M L Vallon announces on Oct 5 dramatic decreases in all meat prices bought by city for delivery in last half of Oct, including 13% decline in beef prices; says he hopes that city's experience indicates similar trend on prices for consumers for same period; meat indus leaders have forecast beef price declines for next 3 mos, but warn of probable seasonal price rise starting about Jan; Vallon notes that composite price on beef cuts avgd about 80c a pound, down 12c since last purchase Sept 12; prices for several meats cited

US Sec Kissinger, in NYC, gives luncheon Oct 5 for foreign mins and ambs from Latin Amer countries, except Cuba; during heavy diplomatic day, he also confs separately with foreign mins of 12 nations attending UN Assembly and with Zaire Pres Mobutu Sese Seko; mins include Egyptian Min M H el-Zayyat

Asst Agr Sec C G Brunthaver indicates on Oct 5 that Communist nations may purchase Amer soybeans in current mktg yr

Justice Dept argues on Oct 5, in 5,000-word memo filed in Baltimore ct in name of Solicitor Gen R H Bork in answer to suit by Vice Pres Agnew to block Fed grand jury investigation into allegations that he took bribes, that a sitting Vice Pros can be indicted and tried on criminal charges but says it is willing to give HR chance to impeach Vice Pres Agnew before trial, should he be indicted by Fed grand jury investigating him; says this would give Agnew chance to have this matter considered in forum provided by Cong and at same time prevent statute of limitations from excluding criminal prosecution; says statute of limitations will begin to expire on Oct 26 in some of matters grand jury is investigating; says that unless indictments are returned by then, Govt could be precluded from ever bringing charges; says grand jury will decide whether to indict Agnew; dept's discussion of constitutionality of indicting Vice Pres apparently reflects decision by Atty Gen Richardson to allow grand jury to bring charges against Agnew if it believes evidence is sufficient; memo asks Fed Dist Judge Hoffman for quick ruling on whether Agnew can be indicted while in office; says that if cts agree that a Vice Pres can be indicted and tried, Govt will complete presentation of evidence to grand jury; memo argues that should Const be interpreted to mean that a Vice Pres could not be tried unless he was removed from office through impeachment proceedings, he might thus be granted permanent immunity from criminal prosecution because of statute of limitations; under Justice Dept's view, Vice Pres could possibly go to jail while retaining his office; arguments by Agnew's attys noted; J B Wolff, former Agnew aide and witness in investigation, confers with prosecutors on Oct 5; illus of J B Wolff and his atty A Weiner