Affidavit of James L. Greenfield
Record Group 21: Records of District Courts of the United StatesSeries: Civil Case FilesFile Unit: United States of America v. The New York Times Company, et al.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
Plaintiff,
-against-
THE NEW YORK TIMES COMPANY,
et al.,
Defendants.
AFFIDAVIT
71 Civ. 2662
STATE OF NEW YORK
COUNTY OF NEW YORK
SS.:
JAMES L. GREENFIELD, being duly sworn, deposes and says:
1. I am the Foreign Editor of The New York Times ("The Times") and am familiar with the facts of the instant situation.
2. On June 13, 1971, The Times began publishing excerpts from a 47-volume history of the Vietnam War completed in 1968 entitled "History of U. S. Decision-Making Process on Vietnam Policy" and a summary of a document relating to the Tonkin Gulf Incident prepared by the Defense Department in 1965 (the "documents"). This was an exclusive feature of The Times.
3. On June 15, 1971, this Court entered a temporary restraining order effective until 1:00 P. M. on June 19, 1971, restraining The Times from further disclosing any portion of the documents. The Times has complied with this order and has stopped further publication of the documents.
4. I am making this affidavit in support of a motion to vacate this temporary restraining order.
5. Annexed to this affidavit is the Washington Post issue of June 18, 1971, story entitled, "Documents Reveal U. S. Effort in '54 to Delay Viet Election." This story indicated that the Washington Post has possession of some or all of the documents that are the subject of this order. Particularly, I am able to say it contains material that The Times has prepared for publication and would already have been published but for the restraining order. In addition, the Washington Post states clearly that today's article is the first in a series, thus clearly indicating the Washington Post possesses additional material.
6. The Washington Post has a News Service with some 275 subscribers. It is understood that the article referred to in paragraph 5 above was sent over the Washington Post - Los Angeles Times News Service wire to its subscribers. Further, attached hereto are releases with respect to the story of the Associated Press which is distributed to some 8,500 newspaper, television, and other media subscribers about the world.
7. Attached hereto are releases with respect to the story of the United Press International which is distributed to some 6,000 newspaper, television, and other media subscribers about the world.
8. Attached hereto is a copy of The New York Post of June 18, 1971, containing an article obviously taken from the Washington Post News Service.
9. Although we have no further evidence of how many clients of the Washington Post - Los Angeles Times News Service will use the material, its use throughout the world is highly likely by many of the Service's clients.
10. Certain portions similar to The Times' prepared but still unpublished material has from sources unknown also appeared in The New York Daily News, issue of Friday, June 18, 1971.
11. The Washington Post story is also being carried by the British News Agency Reuters for world wide publication.
12. From the aforegoing, it is evident that the very material which is the subject of the restraining order is receiving nation-wide and world wide dissemination from sources other than The Times.
13. If the restraining order continued in effect, The Times will suffer irreparable pecuniary and professional damage in that once the documents are published as aforesaid, they will lose their newsworthy value to The Times as an exclusive story, and will cause The Times to lose all benefit from the large sum of money, time and energy expended by The Times in compiling this story. In fact, if the order continues in effect, The Times alone will be restrained from publishing its own carefully compiled story.
14. Furthermore, any arguable value to be derived from the restraining order is lost by virtue of the aforesaid publication by other sources, and it serves only as a restraint on The Times alone.
[[signed]]
Sworn to before me this 18th day of June, 1971.
[[signed]]Mary Ann C. Simpson
MARY ANN C. SIMPSON
Notary Public, State of New York
No. 41-3682775
Qualified in Queens County
Commssion Expires March 30, 1973
















