Case Concluded

A fortnight ago, five men met in the office of Atomic Energy Commission Chairman Lewis Strauss to express their opinions on an explosive personnel matter. Strauss spoke first, and then each of the other four commissioners had his say. At the end their decision was clear: they stood 4-1 for a vote of no confidence in Atomic Physicist J. Robert Oppenheimer.

For nearly a week after that basic decision was made, the commissioners worked long and hard preparing their statements on the case. Finally last week, they issued a series of opinions that followed three main lines of reasoning:

P:The majority opinion, signed by Commissioners Strauss, Eugene M. Zuckert and Joseph Campbell, held that: "Concern for the defense and security of the United States requires that Dr. Oppenheimer's [security] clearance should not be reinstated."

P:A closely reasoned concurring opinion, by Commissioner Thomas E. Murray, moved a long step beyond the majority statement. Concluded Murray: Oppenheimer "was disloyal."

P:The lone dissent, filed by Commissioner Henry DeWolf Smyth, held that Dr. Oppenheimer "is completely loyal and is not a security risk."

The majority finding confirmed the judgment of the special board headed by onetime Army Secretary Gordon Gray. But there were two important differences. Where the Gray board had commended Oppenheimer's discretion with secret data, the AEC majority was significantly silent. Where the Gray board criticized Oppenheimer's opposition to H-bomb development, the commissioners held that the physicist's policy opinions are not relevant to his security status.

Thus, the AEC acted to silence the criticism that Oppenheimer had been punished because he was not "enthusiastic" about the H-bomb. Like the Gray board, the AEC gave great weight to Dr. Oppenheimer's untruthfulness about security matters, e.g., his admitted lies about the approach made to him by Communist-tainted Haakon Chevalier, who told him that a mutual acquaintance had a way of getting information to the Communists.*

Oppenheimer, who had remained silent after the Gray board's decision, issued a statement remarkable in its restraint: "Dr. Smyth's fair and considered statement, made with full knowledge of the facts, says what needs to be said."

The next day, President Eisenhower said that if Oppenheimer wanted to appeal to the White House, he would be heard. An appeal, commented Oppenheimer, "had not occurred to me until the President suggested it." But whether or not Oppenheimer appeals, there is little likelihood that the AEC decision will be overruled. The case is settled, although the arguments about it are not.

*For Chevalier's comment on the incident, see LETTERS.

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