311.6121 Gorin, M. N./1: Telegram
The Acting Secretary of State to the Chargé in the Soviet Union (Kirk)
177. 1. On the night of December 12, M. N. Gorin, a Soviet citizen, chief of the Intourist58 office in Los Angeles, was arrested by agents of the Federal Bureau of Investigation of the Department of Justice for violating section 32 of title 50 of the Code of Laws of the United States (espionage).59 According to the Department of Justice formal charges are being made against him this morning in Los Angeles and it will be decided at that time whether or not he may be released on bail.
2. Oumansky, Soviet Chargé d’Affaires, called at the Department today60 to request an explanation for the arrest and to complain that (a) agents of the Department of Justice had acted incorrectly in detaining Gorin in his office for 8 hours without a warrant before they finally were in a position to arrest him; (b) Gorin was not permitted to use the Russian language in discussing his situation with the Soviet Embassy by telephone. He implied that the Department of Justice was acting in a high-handed and not entirely legal manner.
3. The information obtained from the Department of Justice as outlined in Paragraph 1 above was conveyed to Oumansky. He was also informed that the prisoner had no claim to diplomatic immunity and that therefore his arrest did not appear to be a matter requiring action on the part of the State Department; that the State Department was confident that the agents of the Department of Justice had been acting entirely in a legal manner; that he could be sure that the accused would be accorded the same legal safeguards as those which protect accused American citizens; and that if the charges against him [Page 727] should be sufficiently serious to warrant a trial he would be entitled to legal counsel, a public trial, and to conferring with representatives in the United States of the Soviet Government. The fact that the preliminary hearings on formal charges were being held so promptly was an indication in itself that he would be treated fairly. It was pointed out that it was not the universal custom for officials while making an arrest to permit an accused person to discuss with other persons his case in a language unknown to them.
4. The foregoing is for your confidential information and should be used in case Soviet officials should endeavor to discuss the matter with you or to complain regarding Gorin’s treatment. In discussing the matter with such officials you may emphasize the fact that while Gorin was being detained prior to his arrest he was permitted to communicate by telephone with the Soviet Embassy, that formal charges were made against him within 24 hours after his arrest, and that the Soviet Embassy was informed immediately by the Department of State regarding the cause of his arrest. If you feel it opportune to do so you may also contrast the manner in which this case has thus far been handled with the manner in which Soviet officials have dealt with cases involving the arrest of American citizens in the Soviet Union.61