Foreign Relations of the United States, 1961–1963, Volume V, Soviet Union

141. Memorandum From the Deputy Assistant Secretary of State for European Affairs (Tyler) to Secretary of State Rusk⁰

Washington, January 2, 1962.

SUBJECT

• Possible Powers-Abel Exchange

Background:

You may recall that on November 24, 1961 you sent a letter to the Attorney General (Tab A) setting forth the Departmentʼs position on a possible Powers-Abel exchange.¹

This matter has been discussed on several occasions by representatives of the Department and CIA with Mr. Oehmann, Special Assistant to the Attorney General. The various facets of the problem have been carefully explored, including whether, if an exchange is agreeable from the standpoint of Justice, we should try to get more than Powers for Abel, i.e., whether we should try to get a package including some or all of those mentioned below. While there are of course Americans held in various bloc countries (Communist China, North Vietnam, etc.), for practical purposes it seemed logical to limit any potential “package” to the following:

(1) Marvin Makinen, a 23 year old American student in Berlin who was arrested in the USSR this July. He was sentenced in September, 1961, to eight years for espionage and is in prison in the USSR. A moderate amount of interest and pressure on the Department has developed from Makinenʼs family and friends.

(2) Frederick Pryor, a 28 year old student in Berlin working on a Ph.D. dissertation on “Communist Foreign Trade”. He made many contacts in East Germany, including some with persons in ill favor with the Ulbricht regime. He was arrested August 25 and detained apparently on espionage grounds. A show trial is expected in January. His parents have been very active on his behalf, including an extended stay in Berlin. They have received a letter from “Mrs. Abel” proposing an exchange. The family knows nothing of the status of the Donovan-Mrs. Abel channel and believe they may play a leading role in a possible exchange.

(3) Victor Pankey-Gilbert Ferrey, the two college boys who were caught trying to smuggle a girl from East to West Berlin, and were sentenced to two years. A moderate amount of pressure and interest has been exerted through family and Congressional sources.

The possibility of a “peel off” negotiation has also been considered, i.e., ask for a 5 for 1 deal, then, if this is not acceptable, drop our asking price in stages down to a straight man for man exchange.

CIA has presented a strong position favoring a direct Powers-Abel exchange, believing that attempting to get a 5 for 1 or other combination “package” might complicate the effort to extricate Powers. Their evaluation of the importance of obtaining Powersʼ release has increased since their memorandum on the subject was prepared in November (Tab B).²

The probable adverse reaction from the families and others interested in the individuals held by the Communists to a straight Powers-Abel exchange was discussed at the Department of Justice and, we understand, was brought specifically to the attention of the Attorney General.

The Department has now been informed that the Attorney General has decided:

1) that he will agree to a Powers-Abel exchange;

2) that he will envisage an arrangement other than that previously stipulated, i.e., that Powers be back in the United States before Abel is released;

3) that he favors a direct Abel-Powers exchange, with no “strays” rung in, which he believes would create complications which might ruin the operation.

An additional factor of significance relating both to the scope of the exchange as well as public reaction is that CIA has developed a detailed plan for handling Powers should he be released. They would like to undertake a secret operation under which the release would not be disclosed for a considerable period of time and Powers would in effect be kept “under wraps” while he is debriefed and his future activities arranged.

Some thought has been given to the technique of a possible approach to the Soviets. Preliminary judgment in the Department of Justice, CIA and the Department favors using James Donovan, Abelʼs New York lawyer for this purpose. The most recent letter from Mrs. Abel to him³ has remained unanswered while the decision of the Attorney General on its wording was awaited. It is now believed preferable to consider having Donovan go to Germany to establish direct contact with Mrs. Abel and her Soviet contacts and seek to make arrangements. Donovan is highly regarded by CIA for this role as he has cooperated closely with the Government in all matters relating to the correspondence with Mrs. Abel and also has the advantage of apparently having achieved considerable respect from the communist side as a result of his spirited and able defense of Abel. CIA has sounded him out in the past few days and ascertained that he is prepared to act as intermediary. It is envisaged that if it is now agreed that he will be so designated he will be requested to come to Washington very soon for a careful briefing.⁴CIA will finance the effort.

The principal aspect which we believe should be called to your attention relates to the “package-no package” decision. We thought that if for any reason you believe an effort should be made to arrange a “package” exchange for Abel, that you might wish to discuss the matter personally with the Attorney General and perhaps Mr. McCone. The chief advantage of a package deal, as we see it, is that it would give the Administration a better position vis-à-vis the families, possible Congressional inquiries, and the public.

If you agree that proceeding on a direct Abel-Powers exchange is appropriate in view of the circumstances, so that State-Justice-CIA concurrence exists on the point, we will continue our separate efforts to secure the release of the other Americans mentioned above. We also have asked CIA to check whether the West Germans are holding any East German or Soviet agents who might be “borrowed” as possible trading material for Pryor and possibly Ferrey and Pankey.

Recommendations:⁵

1. That we proceed on basis of direct exchange of Abel for Powers.

2. If you believe that attempt should be made to arrange a “package” exchange for Abel, that you speak to the Attorney General and Mr. McCone regarding this point.

3. That, subject to approval by Attorney General and CIA, James Donovan be authorized to act as intermediary, following briefing of him as to his mission.

0. Source: Department of State, Central Files, 761.5411/1-262. Secret; Eyes Only. Drafted by Donald A. Wehmeyer, Office of the Legal Advisor for European Affairs; concurred in by Richard Kearney, Assistant Legal Advisor for European Affairs, Robert Owen (SOV), and Bohlen; initialed by Tyler; and transmitted to Rusk through S/S.

1. Not printed. In this letter Rusk wrote:

   “I do not believe that foreign policy considerations as such need be a factor influencing the Justice determination in consultation with the CIA as to whether we should proceed in an attempt to obtain the release of Powers in exchange for the release of Abel.”

2. Not printed.
3. Not printed, but most of this letter is published in Donovan, Strangers on a Bridge, pp. 367-368.
4. Presumably the meeting discussed ibid., pp. 371-372.
5. Rusk approved recommendations 1 and 3 and did not approve recommendation 2.