A federal judge yesterday denied a request from the Reporters Committee for Freedom of the Press and other groups and individuals that he orders the Library of Congress to turn over to him notes of telephone conversations conducted by Henry A. Kissinger while he was President Nixon's national security adviser and Secretary of State.
The committee and the other plaintiffs are seeking access to the notes under the Freedom of Information Act. They asked that the material be turned over to Judge John Lewis Smith noted that it was grounded on the premise that "Dr. ntil the case can be decided.
In refusing the request, Smith noted that is was grounded on the premise that "Dr. Kissinger's continued access to the disputed notes would work an irreparable injury on at least two of the plaintiffs.
"Prof. [William Edward] Leuchtenburg is under commitment to produce the final volume of the Oxford History of the United States,' and Mr. [Nat] Hentoff [of the New Yorker magazine and The Village Voice] is compiling a history of the American peace movement.
"They contend that Dr. Kissinger, who is using the notes in the preparation of his memoirs, will be given an unfair commercial advantage in the chronicling of the Nixon-Ford years."
Smith said Kissinger's "lengthy service in high office . . . alone gives him an inherent advantage over plaintiffs in their bid for popular and critical approval of their historical accounts of his tenure in office."
The case is scheduled for further hearings in June.