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William Matthew Byrne Jr., 75; U.S. Judge Presided Over Trial of Pentagon Papers' Daniel Ellsberg

January 14, 2006|Elaine Woo | Times Staff Writer

U.S. District Judge William Matthew Byrne Jr., a leading jurist and an ambassador of the law best known for his role in ending the trial of Pentagon Papers defendant Daniel Ellsberg after disclosing government misconduct in the case, died of pulmonary fibrosis Thursday at his Los Feliz home. He was 75.

Byrne became the youngest judge ever appointed to the federal bench when he was confirmed in 1971 at age 40. A member of a prominent legal family, he served from 1994 to 1998 as the Central District's chief judge, a post once held by his father.

He was known as a formidable settlement judge whose skill at resolving disputes depended as much on his personal charm as on his legal savvy.

"He was a legal giant," U.S. District Judge Terry J. Hatter Jr., who succeeded Byrne as chief judge, said Friday. "That had much to do with his personality. He was very outgoing."

For The Record
Los Angeles Times Thursday January 19, 2006 Home Edition Main News Part A Page 2 National Desk 1 inches; 44 words Type of Material: Correction
Byrne obituary -- An obituary in Saturday's California section about U.S. District Judge William Matthew Byrne Jr. said he was the youngest judge appointed to the U.S. District Court when he was confirmed in 1971 at age 40. He was one of the youngest.

"He understood human nature. That's what made him such a great settler of cases," said U.S. District Judge Nora Manella.

Byrne traveled around the world to lecture in countries with struggling legal systems, from South America to the former Soviet Union.

"There is no judicial officer I know of who spent more time teaching the rule of law to countries without it than Matt Byrne," said Ronald L. Olson, a senior partner at the law firm Munger, Tolles & Olson, who knew Byrne for more than 30 years.

Born in East Los Angeles on Sept. 30, 1930, Byrne attended Loyola High School and USC, where he earned a bachelor's degree in 1953 and a law degree in 1956. His father, William M. Byrne, had been a prizefighter, union organizer and state legislator before joining the federal bench in 1951.

He served as a judge advocate in the U.S. Air Force from 1956 to 1958 before becoming a federal prosecutor in Los Angeles.

He spent several years in private practice as a civil litigator before President Johnson appointed him U.S. attorney in Los Angeles in 1967. By 1969, his office had a 96% success rate in criminal prosecutions, the highest in the country.

President Nixon later named him to head the Commission on Campus Unrest, which issued a report in 1971 that examined the factors behind the explosive student protests of the Vietnam War era. Nixon subsequently appointed Byrne to the U.S. District Court.

During more than 30 years on the federal bench, Byrne handled a number of high-profile cases, including the "Diamond Lane Case" in 1976, in which he ordered the California Highway Patrol not to enforce the newly created high-occupancy lane restriction on the Santa Monica Freeway.

But he was best known for a case that landed in his courtroom barely two years after he arrived on the federal bench: the Pentagon Papers case in 1973.

Ellsberg was the former defense analyst whose unauthorized release of a top-secret history of the Vietnam War set off 1st Amendment court battles and ultimately doomed the Nixon presidency.

After large portions of the so-called Pentagon Papers were published in the New York Times and other newspapers, Ellsberg was indicted on 12 federal counts, including conspiracy, theft of government property and espionage.

As was later revealed in the infamous Oval Office tapes, Nixon was so upset by the media's heroic portrayal of Ellsberg that he ordered his top aides to dig up incriminating personal information to smear his reputation. "Don't worry about his trial," Nixon told then-Atty. Gen. John Mitchell. "Just get everything out.... We want to destroy him in the press."

A clandestine White House unit led by G. Gordon Liddy and Howard Hunt broke into the Beverly Hills offices of Dr. Lewis Fielding, Ellsberg's psychiatrist, on Sept. 3, 1971.

They found nothing useful and were not apprehended until after the break-in at the Democratic National Committee headquarters at the Watergate complex in Washington, D.C., nine months later.

In the midst of Ellsberg's trial, the case took a number of bizarre twists. The first, on April 26, came in the form of a disclosure by the government prosecutor that White House operatives had burglarized Fielding's office. That night, Nixon's two top lieutenants -- John Ehrlichman and H.R. Haldeman -- resigned, along with acting Atty. Gen. Richard Kleindienst. White House counsel John Dean was fired.

A few days later, another disturbing revelation came from the judge himself. Byrne disclosed in court that he had had two recent contacts with Ehrlichman, who had offered him a job: director of the FBI.

The trial was shaken again on May 9, when Byrne learned of yet another impropriety: The FBI had secretly taped telephone conversations between Ellsberg and Morton Halperin, who had supervised the Pentagon Papers study. When the government claimed it had lost all relevant records of the wiretapping, Byrne declared a mistrial, on May 11, 1973.

"The totality of the circumstances of this case, which I have only briefly sketched, offend a sense of justice," Byrne told the court that day. "The bizarre events have incurably infected the prosecution of this case."

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