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On June 1, 1953, Judge Irving R, Kaufman denied a notton nade on behalf of the Rosenbergs to set aside the. . deata sentences. On, this notion Bacnuel Bloch, ettorney fer the Rosenbergs, argued that the indtotnent wae defecttve ta ¢hat it dtd not allege that the conaptracy took place tn tine | of wor or wae tntended te take ploce tr tine ef war. Based | on thts assumption, Bloch alleged thot the sentence should not. have deen more than twenty pears. In oppoattion to thia notion, Untted States Attorney Fdward J, Lurbdard argued that the , 3 ee with ox offense punt ehable by death. In denying thie motton, Judge © Koufean satd that Bloch's appltcatton was transparent and without any nertt whatever. He stated that tf he were to make G@ guess, twenty-five carefully-planned points of law had been . ratsed tn the Court tn the tuo years ang two months since the convictton and that thts was the first eccaston on which this ‘particular potnt hed Deen oubmitted. Ke stated that the worde “then and there betng at war® appeared ta the tndict« nent which elearly showed to the defendants thot they were charged with having conspired tn wortine to tranantt trfer= ar ed matton, _(65-58236-1688) a Ee . cae On June & (1953, the Ctrowts Cours of Appeade, Second Ctroxutt, dented a notion by the defendants for a wrtt of mondcaue ordertng Diatrtet Judge Kaufuan to reduce the a I27 « 4 . i pd a. te