30. Telegram 321 from Geneva1

[Facsimile Page 1]

321. From Johnson. Deptel 373.

Presume Deptel 373 crossed my reports on yesterday’s meeting containing my exchanges with Wang on Downey and Fecteau.

It will be seen I carried out my original plan of trying avoid highlight Downey and Fecteau but keep them grouped with civilians making clear we expected same treatment as for other civilians many of whom [Typeset Page 34] are also called “US spies”. This also has advantage of enabling me maintain discussion Downey and Fecteau under agenda item one. As will be seen from yesterday’s meeting Wang did not contest my claim they were civilians but his ambiguous answer and separate classification lead me believe these are probably going to be the most difficult cases. However do not believe productive for time being take any further initiative with regard to them but await developments from CHINCOM side. Am trying avoid being drawn into futile arguments on merits individual cases. It is however probable specific discussion of Downey and Fecteau eventually will be necessary and CHICOMS will maintain previous position each “criminal case” decided on merits accordance law and Downey and Fecteau simply more serious than others and therefore “take more time”. Should be noted CHICOMS very careful maintain legalistic position on Air Force personnel (as well as all previous cases) and may be expected do so on all remaining cases. In general my position has always been that I am not interested in what legalistic mumbo jumbo they desire use as face saving device but only in fact of release.

If and when specific discussion Downey and Fecteau required [Facsimile Page 2] I will certainly include argumentation on discrepancy of treatment with Air Force personnel accused of same offenses but in view forgoing do not now believe line that release Air Force personnel destroyed basis for differential treatment would be useful or persuasive.

Gowen
  1. Source: Department of State, Central Files, 611.93/8–555. Secret.