73. Letter From Secretary of State Rusk to Acting Attorney General Katzenbach1
Dear Nick:
Ambassador Thompson has reviewed with me the course of the proceedings in the Ivanov espionage trial, and has reported on his talks with you in May 1964 and again last week. As the trial of Ivanov comes to a close, I believe we should consider carefully what disposition of the non-American defendant would best serve the national interest. As you know, the Soviet Government pressed strongly for the release of Ivanov following his arrest and indictment last spring. We made it clear to the Soviets that release could not be considered at that time, and that Ivanov would have to stand trial.
[Page 181]In the event of conviction, the question arises whether he should serve whatever sentence may be imposed by the trial judge, or whether he should be permanently expelled from the United States following imposition of sentence. I believe it would be in the over-all interest of the United States that Ivanov’s sentence be suspended and that he be permanently expelled from this country.
We have, from time to time, cases of Americans who are arrested and held in the U.S.S.R. and other Soviet Bloc countries on a variety of grounds. It is a continuing concern of the United States Government, and indeed a statutory responsibility of the Executive Branch under 22 U.S.C. 1732, to afford all reasonable protection and assistance to American citizens imprisoned abroad. While, of course, we would not want to adopt a policy of deportation for Bloc nationals in all cases, I believe that in present circumstances action to deport Ivanov following a criminal conviction would be helpful to our efforts at safeguarding the rights of Americans and securing their release when detained.
As you know, the relations of the United States with the U.S.S.R. extend over a very wide range of questions. Taking into account the whole spectrum of those relations at this time, and considering the Ivanov case in their context, I believe it would best serve United States interests to expel Ivanov after conviction and sentence rather than require him to serve a prison sentence in this country.
I write now to ask your concurrence in such a course of action, so that arrangements may be made for an appropriate recommendation to the trial judge by the United States Attorney following completion of the trial. I would hope that the case might be terminated and Ivanov deported very promptly, without any substantial lapse of time between conviction and sentencing.
If you would be prepared to proceed as suggested above, I should like officers of the Department of State to work out with officials of your Department the further steps which might appropriately be taken.2
With warm regards,
Sincerely,
- Source: National Archives and Records Administration, RG 59, Central Files 1964–66, POL 23–6 USSR. Confidential. Drafted by the Acting Legal Adviser, Leonard C. Meeker, and cleared with Thompson and Davis.↩
- On December 1 Katzenbach replied saying that the release of Ivanov, a career officer in the KGB, for an American tourist, Peter Landerman, would be a bad bargain, and he could not concur in the suggestion made in Rusk’s letter. (Ibid.) On December 8 Rusk raised the issue again saying that the reason for expelling Ivanov was not to gain the release of Landerman but to help in protecting and assisting all American citizens abroad and would be in the overall interest within the broad spectrum of U.S. relations with the Soviet Union. (Letter from Rusk to Katzenbach; ibid.) One week later Bundy sounded out the President on Ivanov. Johnson told him that “on the facts as presented, he would incline to the side of Justice.” (Memorandum from Bundy to Katzenbach, December 15; Johnson Library, National Security File, Country File, USSR, Vol. VII)↩