311.6121 Gorin, M. N./44: Telegram
The Acting Secretary of State to the Ambassador in the Soviet Union (Steinhardt)
352. Your 573 [574], March 23, 9 p.m. When Oumansky some time ago suggested the pardon of Gorin in return for the release of Roszkowski, we refused on the ground that we could not traffic in justice. Later when it became apparent that no American citizens imprisoned in the Soviet Union could be released or Soviet wives of American citizens would be permitted to leave the Soviet Union if Gorin would be required to serve his sentence, and in view of suggestions and assurances of the Soviet Ambassador, the Department took up with Justice the possibility of Gorin being released by the Judge, upon the handing down of the mandate, on probation and on condition that he leave the United States immediately. The Judge informed the attorneys that he would not take such steps unless he could place on the record a letter from the Department of State addressed to Justice to the effect that in the opinion of the Department the release of Gorin would be to the interests of the United States. Although such letter was given, the Department of State did not have any definite assurances in advance what the Judge might eventually decide to do. It furthermore had no way of controlling the timing of the Judge’s actions. We were therefore not in a position to carry on negotiations for the exchange of detained persons or to authorize you to carry on such negotiations. You undoubtedly realize that the constitutional organization of this Government renders it difficult, if not impossible, for us to drive hard and fast bargains in matters of this kind. It was pointed out on a number of occasions to the Soviet Ambassador, however, that if Gorin should be released, this Government would expect the release of Roszkowski, Pyk, and Devenis and also the issuance of permission for the wives of American citizens, including Mrs. Habicht, and their children to leave the Soviet Union.
On March 22 and March 23 these expectations were again impressed upon the Ambassador who again promised to bring them to the attention of his Government. In view of the conversations which have been held here, this Government will feel that it has been misled if the Soviet Government fails to release all three American citizens now in jail and to permit the Soviet wives of American citizens to leave the country.
It is understood that Gorin has already left the United States.