in Los Angeles about his knowledge of the copying of the Pentagon Papers, he refused to testify, citing his Fifth Amendment privilege against self-incrimination. Even after Justice Department officials promised Russo immunity from prosecution (thus, under precedent, eliminating his Fifth Amendment privilege claim), he still refused to talk. On August 16, Russo was sentenced to jail for contempt of court. He remained there for six weeks. After Russo's refusal to testify, a new indictment was drafted against both Ellsberg and Russo. On December 29, the indictment was returned against both men, including fifteen counts relating to theft of government documents and espionage. If convicted on all counts, Ellsberg faced the prospect of a 105-year prison sentence.

The first trial of Ellsberg and Russo came to a sudden halt inJuly 1972 when it was disclosed that the government wiretapped a conversation between one of the defendants and his lawyer or consultants. Although Judge Byrne refused to stop the trial because of the wiretap, Justice William O. Douglas stayed the proceedings until the Supreme Court had a chance to consider the appeal. In November, the U. S. Supreme Court, voting 7 to 2, refused to hear defense arguments arising from the government's wiretap. Nonetheless, in view of the lengthy break in the trial, Judge Byrne declared a mistrial and ordered a new jury empaneled.

Anthony Russo

Opening arguments in the second trial of Ellsberg and Russo took place on January 17, 1973 in the federal courthouse in Los Angeles. After prosecutor David Nissen summarized what the government's evidence against the