DATE=5/18/99 TYPE=BACKGROUND REPORT NUMBER=5-43434 TITLE=ALGER HISS: DISCLOSURE BYLINE=ELAINE JOHANSON DATELINE=NEW YORK CONTENT= VOICED AT: INTRO: A RECENT RULING BY A FEDERAL JUDGE ORDERING THE U-S GOVERNMENT TO UNSEAL SECRET GRAND-JURY TESTIMONY FROM 50 YEARS AGO MAY HELP SOLVE SOME OF THE ENDURING MYSTERIES OF THE COLD WAR. THE CASE INVOLVES THE SPY PROBE OF ALGER HISS -- A FORMER U-S STATE DEPARTMENT OFFICIAL WHO WAS A KEY PLAYER IN THE CREATION OF THE UNITED NATIONS. V-O-A CORRESPONDENT ELAINE JOHANSON REPORTS FROM NEW YORK. TEXT: JUDGE PETER LEISURE DECLARED IN HIS ORDER TO UNSEAL TESTIMONY ON ALGER HISS THAT THIS INFORMATION SHOULD NOT, AS HE PUT IT, "LANGUISH BEHIND LOCKED DOORS." MANY LEGAL SCHOLARS HAILED THE RULING AS A VICTORY FOR HISTORY. THEY BELIEVE FILLING IN THE GAPS OF THE ALGER HISS CASE WILL ALSO REVEAL THE EXTENT OF SOVIET PENETRATION OF THE U-S GOVERNMENT AROUND THE MIDDLE OF THE CENTURY. THE INVESTIGATION OF ALGER HISS HELPED LAUNCH WHAT BECAME KNOWN AS THE MCCARTHY ERA -- AN INTENSE SEARCH FOR COMMUNISTS AND COMMUNIST SYMPATHIZERS IN THE UNITED STATES, PROMOTED LARGELY BY THE LATE SENATOR JOSEPH MCCARTHY. HISS STANDS IN HISTORY ACCUSED OF PASSING STATE SECRETS TO MOSCOW. HE WAS TURNED IN BY A NEWSMAGAZINE EDITOR, WHITTAKER CHAMBERS. THE HISS CASE BOOSTED THE POLITICAL CAREER OF FUTURE PRESIDENT RICHARD NIXON, WHO TESTIFIED AGAINST HISS IN THE GRAND JURY. LAW PROFESSOR STEPHEN GILLERS OF NEW YORK UNIVERSITY SAYS THE CASE FOR FULL DISCLOSURE OF THE RECORD IS VERY STRONG: /// FIRST GILLERS ACT /// IT'S NOT JUST HISS. IT'S WHITTAKER CHAMBERS. AND IT'S THEN REPRESENTATIVE NIXON, LATER PRESIDENT NIXON, WHO IS ALLEGED TO HAVE BEEN ACTIVE IN ENCOURAGING THE HISS GRAND JURY TO INDICT. THERE'S THE WORK OF THE HOUSE UN-AMERICAN ACTIVITIES COMMITTEE DURING THE MCCARTHY PERIOD. THE LARGER BACKDROP, OF COURSE, IS THE EXTENT TO WHICH THERE WAS SOVIET ESPIONAGE. IT'S HARD TO IMAGINE A SUBJECT OF GREATER HISTORICAL IMPORTANCE IN THIS ERA. /// END ACT /// THE U-S GOVERNMENT IS ON THE OTHER SIDE OF THE ISSUE. IT IS CONSIDERING AN APPEAL. U-S ATTORNEYS ARGUED THE SECRECY RULES GOVERNING GRAND-JURY TESTIMONY DO NOT ALLOW EXCEPTIONS FOR HISTORICAL INTEREST. // OPT // A GRAND JURY PRIVATELY EVALUATES ACCUSATIONS AGAINST PEOPLE CHARGED WITH CRIMES, TO DETERMINE IF THE CASE SHOULD GO TO TRIAL. // END OPT // PROFESSOR GILLERS SAYS ACTUALLY THE RULES DO NOT SPECIFY THAT SECRET TESTIMONY HAS TO STAY LOCKED UP INDEFINITELY. BUT HE ALSO CONCEDES U-S OFFICIALS HAVE THE BIGGER PICTURE IN MIND: THE POTENTIAL IMPACT ON FUTURE GRAND JURY INVESTIGATIONS: /// SECOND GILLERS ACT /// I THINK IF YOU HAD TO EXPLAIN IT, THE EXPLANATION WOULD BE INSTITUTIONAL -- A FEAR THAT IF THERE IS SOME JUDICIAL RELEASE OF GRAND-JURY TESTIMONY FOR THESE REASONS, THAT WITNESSES IN FUTURE CASES WILL NEVER KNOW BUT THAT WHAT THEY THINK THEY'RE SAYING IN PRIVATE WILL SOMEDAY BECOME PUBLIC, AND THEY MAY BE MORE CIRCUMSPECT WHERE THE PROSECUTOR OBVIOUSLY WANTS WITNESSES TO BE CANDID AND AS FORTHCOMING AS POSSIBLE. /// END ACT /// BUT PROFESSOR GILLERS SAYS THIS FEAR MAY BE EXAGGERATED, BECAUSE DEMANDS FOR DISCLOSURE OF SECRET TESTIMONY ARE RARE: /// THIRD GILLERS ACT /// YOU KNOW, 99-POINT-99 PERCENT OF GRAND-JURY INVESTIGATIONS AND TESTIMONY HAVE ZERO -- NO -- HISTORICAL INTEREST. AND SO NOBODY ASKS FOR THE TRANSCRIPT. NOBODY WANTS TO KNOW. /// END ACT /// ALGER HISS ULTIMATELY WAS CONVICTED OF PERJURY. WHETHER HE WAS REALLY A SOVIET SPY IS STILL A SUBJECT OF DEBATE. BUT EXPERTS BELIEVE THE NEW INFORMATION COULD PROVIDE SOME FORM OF CLOSURE FOR AT LEAST TWO GENERATIONS OF AMERICANS WHO LIVED THROUGH ONE OF THE MOST DIVISIVE CHAPTERS OF COLD WAR HISTORY. (SIGNED) NEB/NY/EJ/LSF/WTW 18-May-99 5:42 PM EDT (2142 UTC) NNNN Source: Voice of America .