[1]JOl TFHeet. (60
[3]/O*44 Tete (05
[5]rie! d under the John F. Kennedy Assassination
[6]Hecords Collection Act of 1992 (44 USC 2107 Note).
[7]acett hi poedh Date 1]
[9]NW 88296 Docld:32989532 Page 1 ; °
[13]i
[15]t ory onAt rors NO. 10 ‘ . $010—106 s ,
[16]GSA GEN. eo NNO. 27
[17]UNITED STATES GOVERNMENT ‘ Assoc. Dit
[19]- 1 ~ Mr . J. B . Adams . Dep. AD Adm. _
[20]\ Memorandum De eS i ee
[21]o* Admin,
[22]i aw) L ae Comp. Syst. __
[23]fro MR. We R, WANNALL yi pate: April 24, 1975 | BLAST
[24]‘ Gen. Inv.
[25]l ; 1 -Mr. J. B. Hotis. luo
[26]FROM a W. ofyyifear 1 - Mr. W. R. Wannall ee
[27]RW. 1 “ Mr . W . .@) . Cregar Laboratory
[28]Plon, & Eval.
[29]SUBJECT: SENSTUDY 75 > \ eZ
[30]ee omen Siteby gun.
[32]rides Rm.
[33]Director Sec’y __ ;
[35]This memorandum reports the receipt of a legal
[37]Counsel, Central Intelligence Agency, entitled "Authority of
[38]Congress to Release Classified Data." Copies of this legal j{{}.
[39]memorandum have been furnished to Mr. Anthonin Scalia, Assistant
[41]Attorney General, and Mr. James A, Wilderotter, Associate Counsel
[42]to the President.
[44]Memorandum Cregar to W. R. Wannall dated 4/14/75 discussed
[45]an article contained in the 4/10/%5 edition of 'The Washington Post"
[46]wherein Senator Frank Church, Chairman of the Senate Select
[47]Committee, stated he reserved the right to make public any documents
[48]the Committee received. This memorandum also noted that Mr. James
[49]Wilderotter, Associate Counsel to the President, advised that
[50]The White House was preparing a letter to Senator Church recognizing
[51]that Congress can, at its discretion, declassify material it
[52]receives, but strongly urging that such declassification action
[53]not be taken unilaterally by the Senate Select Committee without
[54]approval of the agency originating the information. Pa
[56]As an aid to the preparation of such a letter, the
[57]Office of CIA's General Counsel has prepared a paper entithed
[58]"Authority of Congress to Release Classified Data." Copy attached.
[59]we It was made available to all members of the Ad Hoc Coordinating |
[60]y/ Group for Congressional Review of the Intelligence Committee fo
[61]information and any anne ees desired pee [Ooo a
[63]ACTION: For information. Fe REGAN
[65]Enclosure 44a MAY 15 979 i)
[68]WOC :ekw <6) 1
[69]Thee C ir) Teva Coes 10%
[70]}- robles ep Galvo tise praolem, #38) FHS
[72]bam it rez nres no Ser: Ab One! asi ‘
[77]DIRECTOR oe AL INTELLIGENCE
[81]17 April 1975
[83]MEMORANDUM FOR: Members of the USIB
[84]Ad Hoc Coordinating
[85]Group
[87]This is being furnished you at -
[88]Dr. Clarke's request.
[90]Yew aa Deer
[92]Harriett D. Mowitt
[93]Executive Secretary
[95]Attachment
[97]Docld:32989532 Page 3
[99]e} . ny . : . . .
[100]MEMORANDUM FOR: Antonin Glia, Esq.
[101]~ . ° Assistant™ttorney General
[103]Office of Legal Counsel
[104]' Attached is a . hurriedly done legal memorandum
[105]entitled: "Authority of Congress to Release -
[106]Classified Data." I would welcome your comments
[107]on this so that a finished document could be made
[108]available to the various-agensies concerned,
[110]=r April. 1975
[111]- (DATE) 7
[113]NO. REPLACES FORM 10-101 tas oD tae
[114]654 a wnice MAY ee yseo,
[116]ae wee No eS ete ae 8 eee ee
[118]J ames A, Wilderotter, Esq..
[119]. Associate Counsel to the ;
[120]e President: ; ;
[122]HENORAYOUN FOR: -
[124]i ‘Atteched i isa hurriedly done legal
[125]** memorandum entitled "Authority of
[126]' ' Congress to Release Classified Data."
[127]vty v"I would welcome your comments on
[128]_,: +’ this so that a finished document
[129]“ive. could be made available t
[130]- | :agencies concerned... °, {
[132]S|. Warner -
[133]a G neral Counsel
[135]NO. REPLAS 2. -
[136]Tey & ES FORM 10-105
[138]384. WHICH MAY BE USED. - - : Toe fan.
[141]: . . "
[142]. 4 ‘ . - . .
[143]. . . os
[144]‘ : : @ 2 . 6
[145]; : ; s ,
[147]i March 1975
[149]FFINDE
[150]sees Bit Am fon regen ye
[152]. i eo BEETS U ile
[153]MEMORANDUM FOR: General Counsel Baer “Stealetn L216 G
[155]SUBJECT — , : Authority of Congress to Release Classified Data .
[157].
[159]il, Thave found no express authority for Congress to publicly release
[160]- information classified by the executive branch pursuant to an Executive .
[161]‘order issued by the President. Moreover, on a number of occasions Congress
[162]* has mandated that matters pertaining to national defense or foreign policy ,
[163].be Kept secret, . .
[165]- -“Congress has made it a crime for one lawfully having possession,
[166]_ ‘access or control of documents relating to national defense or infor-
[167]. mation relating to the national defense which the possessor has
[168]- reason to believe could be used to the injury of the United States
[169]. or to the advantage of any foreign nation to communicate, deliver,
[170]. or transmit same to any person not entitled to receive it. 18 SO
[171]USCA, 773d), so _
[173]~-Congress has made it a crime to disclose to an unauthorized per-
[174]_ son or publish any classified information obtained by the processes
[175]- of communications intelligence. 18 U.S.C.A. 798(a).
[176]carn wt ae -; --Congress has made it a crime to photograph or sketch vital military
[177]. -- .. 1 oy naval installations or equipment requiring protection against gen-
[178]eral dissemination of information, 18 U.S.C.A. 795. Itis also a”
[179].- crime to publish or disseminate photographs, maps, or drawings of
[180]such defense installations without first obtaining permission of the-
[181]) Commanding ¢ officer or higher authority. 18 U. S.C Ae 797... :
[182]= --Congress, in order to prevent public ‘disclosure of certain activities ,
[183]has given various officials the power to keep confidential certain funds
[184]_expended for national security or foreign relations purposes. Such
[185]_authority is given, for example, to the President (22 U.S.C.A, 2364),
[186]to the Secretary of State (31 U.S.C.A,. 107), and to the Director of
[187]' Central Intelligence (50 U.S.C.A, 403). . coo
[191]“s a
[193]ore
[195]Nwesez96 Docld:32989532.. Pag OD eet nee tee a
[197]we or - . , .
[198]. ’ . sy 4 - . .
[199]t . hy
[200]. .
[202]--Congress has provided that meetings of the Senate Committee on
[203]the Budget may be closed to the public if it is determined by a record
[204]vote of a majority of the members that the matter to be discussed
[206]ee will disclose matters necessary ta be kept secret in the
[207]'. interest of national defense or the confidential conduct of
[208]. Bn '- the foreign relations of the United States. 2U,S.C.A,
[209]fe .' 190a-3, Soe
[210]--Congress, after requiring that the Secretary of State transmit forth-
[211]with to the Congress the text of any international agreement, other
[212]than a treaty, to which the United States ‘is a party, goes on. to Pro-
[213]- vide that : : . . . a
[215]6s any such agreement the immédiate public disclosure
[217]of which would, in the opinion of the President, be prej-
[219]‘udicial to the national security of the United States shall
[221]not be so transmitted to the Congress but shall be trans~
[223]mitted to the Committee on Foreign Reletions of the Senate
[225]‘and the Committee on Foreign Affairs of the House of Rep-
[227]resentatives under an appropriate injunction of secrecy to
[229]_ be removed only upon due notice from the President.
[231]“USCA, 112b. . ae Mae ERT
[233]; ~-Finally, Congress, in enacting the F veedom of Inforiaation Act,
[234]~ expressly exempted from disclosuré matters which are
[236]ON ' specifically authorized under criteria established
[237]- by an Executive order to be kept secret in the interest oo.
[238]’ . of national defense or foreign policy. 5 U. S. on A. re
[239]. 55206) (D) _ eke es 7 ee . oe
[241]2. Despite this apparent lack of authority to release classified data
[242]and the existence of the above-mentioned statutes, Congress is constitutionally
[243]immunized, at least in part, against any consequences flowing from release
[244]and disclosure of classified information. Article I, § 6 of the Constitution
[245]' states in respect to Senators and Representatives that:
[247],
[250]a for any Speech or Debate in ‘either House, they shall
[251]not be questioned in any other Place.
[255]iW 88296 Docld:32989532 Page 6
[258]3, A long line of Supreme Court cases, beginning with Kilbourn v,
[259]Ehompson, 103 U.S. 168 (99D), has held that the privilege or immunity
[260]: ¥elating to speech or debate should be given a broad and liberal construc
[261]Hon. In Kilbourn the court stated: ,
[263]" It would be a narrow view of the Constitutional provision
[264]' to limit it to words spoken in debate. The reason of the
[265]rule is as forcible in its application to written reports
[266]‘presented in that body by its committees, to resolutions
[267]offered, which, though in writing, must be reproduced
[268]“in speech, and to the act of voting.... In short, to things
[269]generally done in a session of the House by one of its
[270]members in relation to the business before it. (At P . 204,) _.
[271]CG “4, The « court, moreover, has resisted arguments that an unworthy
[272]. /.°. purpose should destroy the privilege. In Tenney v, Brandhove, 341 U.S,
[273]"367 the court reaffirmed its earlier holding in Fletcher v, Peck, 6 Granch
[274]_ 8 (1810), stating:
[276]; ee that it was not consonant with our scheme of govern-
[277]ny os _°. ° ment for a court to inquire into the motives of legislators,
[278]Se on has remained unquestioned, (Atp Pp. 377. >
[279]‘Phe distance to which the court.was 5 willing to go to 5 uphold this principle ;
[280]-wes seen in United States v. Johnson, 383 U.S. 169 (1966). In that case
[281]‘a former Congressman wa was convicted for conspiracy to defraud the U.S.,
[282]in part on evidence that, in pursuance of a conspiracy designed to give
[283]assistance to certain savings and loan associations which had been indicted
[284]- on mail fraud charges, he was paid to give a speech on the floor of the House.
[285]’ Phe Supreme Court granted a new trial holding that a prosecution which
[286]draws in question the legislative acts of the defendant member of Congress
[287]‘er his motives for performing them "necessarily contravenes the Speech or
[288]Debate Clause." (At P. 185, >... oO, a
[290]5, The court addressed the issue of classified information j in Gravel v.
[292]‘United States, 408 U.S. 606 (1972), a case which arose when Senator Grave Gravel,
[294]Ghairman of t of the Subcommittee on Buildings and Grounds of the Senate Public
[295]- Works Committee, convened a night meeting of the Subcommittee and there
[297]read extensively from a copy of the Pentagon Papers which bore a Defense
[299]security classification of Top Secret - Sensitive. He then placed the entire
[301]47 volumes-of the study in the public record. Senator Gravel claimed that
[303]- Article I, section 6 protected him from criminal or civil liability and from
[308]questioning elsewhere than in the Senate, with respect to the events occur-
[309]‘ring at the Subcommittee hearing at which the Pentagon Papers were intro-
[310]duced into the public record. The court stated: "_../T/o us this claim is
[311]incontrovertible." (Atp, 615. > . :
[313]6, The court further noted that:
[315]The Speech or Debate Clause was designated to assure
[316]" a co-equal branch of the government wide freedom of
[317]’. speech, debate, and deliberation without intimidation
[318]or threats from the Executive Branch. It thus protects
[319]“Members against prosecutions that directly impinge
[320]* upon or threaten the legislative process. We have no
[321]‘doubt that Senator Gravel may not be made to answer--
[322]either in terms of questions or in terms of defending
[323]‘ himself from prosecution—-for the events that occurred
[325]at the subcommittes meeting, Cte. 616. a. ae - toe 7 ~ : a : . ‘ Le
[327]%, ‘Fr rom the above, together with the positive , phrasing ¢ of Article i,
[328]§ 6 of the Constitution, it would appear that any Member may make any state-
[329]ment he desires on the floor of the Congress or.in one of its committees. Such
[331]’ statement shall be absolutely privileged, notwithstanding that it was based
[333]on information secured from classified Central Intelligence Agency material
[334]either furnished the Member in confidence or containing any restrictive
[336]notice as to use or dissemination. This privilege would operate if the Member
[337]' ‘were to read the information verbatim into the record on the floor or into
[339]the record of hearings before a congressional committee. It would still be
[340]privileged when it appeared, verbatim, in the Congressional Record or in
[342]' the published hearings of a congressional committee, The only sanction,
[343]‘apart from the individual conscience and sense of responsibility of the Member,
[344]'- would have to come from Congress itself, which has the power to discipline
[346]any Representative or Senator who improperly disclosed classified information.
[347]8. One additional wrinkle might be noted. “Although Congressmen
[349]would be immune from liability for introducing classified information into
[351]a committee report and immune from liability for ordering it printed and
[353]‘disseminated to the public at large, the Public Printer and the Superintendent
[355]of Documents may not be immune from suit for printing and disseminating
[356]such reports to the public. The court examined this question in Doe v.
[357]McMillan, 412 U.S, 306(1973), a case in which petitioners claiméd that a
[359]report issued by the House Committee on the District of Columbia, containing
[361]a a en wmnrnereme neaee eS a
[363]lW.88296- Do Docid:32585532 ‘Pages _ - Sao
[366]* + # . “a . . * .
[367]. aaF “ , . i . .G
[368]a +
[369]. v - oe k " me -
[370]'
[372]documents relating to disciplinary problems of certain specifically named
[373]_ Students, violated statutory, constitutional and common-law righis to pri-
[374]7 vacy. The Supreme Court refused to determine whether dissemination to
[375]the public would serve the important legislative function-of informing the
[376]public concerning matters pending before Congress for the purpose of
[377]_ holding Members of Congress liable, However, it remanded the case to
[378]_ the Court of Appeals, in part to undertake just such a review in order to
[379]' determine whether the Public Printer and the super ntendent of Documents, ;
[380]who were without blanket immunity, could be held liable. :
[382]9. The discussion thus far has dealt only with congressional immunity
[383]" _for releasing classified information in Congress, No such immunity exists
[384]in the case of disclosures made by congressmen outside of Congress. Thus,
[386].in.Long v, Ansel, 69 F, 2d 386 (Ct. App., D.C, 1934), affd. 293 U.S. 76
[388](1934), and in McGovern v. Mariz, 182 F, Supp. 343 (US Dist. Ct., D.C.
[390]' 1960) it was held that if a Senator or Representative is alleged to have com-
[391]oot | Initted libel by republishing and disseminating remarks made in the Congress,
[392]7 No such republication and dissemination is not within the Speech or Debate
[393]“i. ° privilege even if such privilege would have been applicable to the original
[394]publication of the remarks, Again, in Gravel v, United States, 408 U.S. 606
[396]. (1972), and in Doe v. McMillan, 412 U.S. .S. 306 (1973) the court noted that
[398]the Speech or Debate Clause does not protect "a private republication of
[399]documents introduced and made public at a committee hearing, although the
[400]hearing was unquestionably part of the legislative process. u an
[402]10, From the above it is apparent that a Member i is not privileged to.
[403]circulate CIA documents to his constituents, to the press, or by reading to
[404]a meeting or on radio or television. Such action could well make the member
[405]liable for prosecution under the espionage laws, but in any event would
[406]expose him to the same liability for these actions as any other citizen. As
[407]‘2 practical maiter, however, the prosecution of a Member for unauthorized
[408]; disclosure of classified CIA material, or © discipinary < action by Congress :
[409]wo itself, is. very unlikely. - :
[411]-EDMUND COHEN
[412]Office of General Counsel
[416]NW'BB296~DaClT32989932~ Page 97 on
[418]. OPTIONAL FORM NO. 10 . 5010-106 ®
[419]MAY 1962 EDITION w
[420]Geko GSA GEN, REG. NO, 27
[421]. . UNITED STATES .
[423]Memorandum
[425]Comp. Syst. ——
[426]Ext. Affairs
[428]Mr. J. B. Adams DATE: May 2, 1975 aaenadiaes
[429]. ident. —___
[430]LL Pa ee * “Ta Inspection
[431]v FROM : Legal Couns ie EAA MVP LASSE eS
[432]- Feagtos CONT ag “ Ree
[433]é —_@) ALL a a su EB A Plow wr
[434].f SUBJECT: mens o ¥ Spec. Inv, —_——
[435]fs J ( SENSTUDY 75 : e peas Training
[437]ee . Telephone Rm. —
[439]Director Sec'y
[440]The April 29, 1975, Congressional Record - Senate,
[441]pages S 7054 through and including S 7056, sets forth rules
[442]- and procedures for the captioned Committee. The rules cover
[443]such topics as the convening of meetings, meeting procedures,
[444]news media coverage, investigations, subpoenas, procedures
[445]related to the taking of testimony, procedures for handling
[446]classified or sensitive material, preparation for committee
[447]meetings, staff, and reporting of measures or recommendations.
[449]The key sections of these rules are subpoenas, investi-
[450]gations, and procedures related to taking of testimony.
[452]Concerning the issue of subpoenas, subpoenas may be
[453]issued by the Chairman or any other member designated by him
[454]with the consultation of the Vice Chairman.
[456]Procedures relating to the taking of testimony provide
[457]that testfireny shall be given under oath or affirmation. It
[458]? also providssthat a witness may be accompanied by counsel. | -
[459]Witnesses may also request that there be no news media coverage”
[460]of their testimony. Witnesses will also be given the opportunity
[461]of furnishing a statement prior to, and/or at the conclusion of
[462]his or her testimony. With regard to inspection and correction
[463]of testimony, witnesses will be allowed a reasonable opportunity
[464]to inspect their testimony, and corrections are permissible, but
[465]must be made in writing within five days of the availability of
[466]ne the transcript containing their testimony. Names of witnesses
[467]a cannot be made public prior to their testimony unless authorized
[468]by the Chairman.
[470]Contempt procedures as set forth, require that after
[471]notice to all members of the Committee, and the affected person
[472]has had the opportunity to state in writing C. 2), ea M
[474]Enclosure REC. 100
[475]l.- Mr. Adams \ a
[476]ENCLOSURE
[478]i
[480]3
[482]1 - Mr. Wannall
[484]1 - Mr. Mintz 6 MAY 20 1975
[485]1 —- Mr. Hotis
[487]1 - Mr. Daly —secen
[488]1 —- Mr. Cregar
[490]PVD:eek
[492](8)
[494]CONTINUED —~ OVER) « oy
[496]we edly Adlseb8532 Page 10 ¥
[498]Legal Counsel to Mr. Adams
[499]Re: SENSTUDY 75
[501]or she should not be held in contempt, a vote would be taken by
[502]the Committe with a majority being necessary for the referral
[503]of a contempt citation to the full Senate.
[505]to such material to employees on a need-to-know basis and to
[507]The rules concerning sensitive material limit access
[508]only those staff members with appropriate security clearances.
[510]Reporting procedures for the Committee provide that
[511]where the Committee is unable to reach a unanimous decision,
[512]separate views and reports may be printed by any member or
[513]members of the Committee.
[515]. A complete Xerox copy of the rules as they appear in
[516]i the Record is attached.
[518]RECOMMENDATION :
[520]Action. For Information.
[522]uk |
[523]4 -
[525]NW 88296 Docid:327989532 Page 11
[526]1 —™
[529]: | |
[531]pee
[532]B
[534]Ra wat
[535]S764
[536]s . . F)
[537]imperceptible, White 2.5 can bo teil; neni! tho
[539]point of origin and 3 can be felt ¢ ger tutatr-
[540]sized area, Slight damage can be enugd ag
[541]4.5, @ level of 6 is considered dina tiny, 7 Is
[542]major, and 8 Is a “great earthquare-
[544]. Tho Issue, most yeolopists and seu nile ex
[545]Perts agree, is not whether another block~
[547]_ Duster quake wHl oceur, but when, It could
[548]happen any time.
[550]Should that earLhqunake ocenr “tomorrow,”
[551]these experts believe, the following reali+
[554]Tens of thousands of bilidrn’s bullt tn
[555]the first half of the century, clearly haa-
[556]ardous under severe eartheuake conditions,
[557]inhouse in Sen Francisco and Lei Angeles,
[558]could topple, endaneering thoucands of lives
[559]{an estimated 200,000 in Los An «les alone).
[561]Olher thousands of puitdiu » budb on or
[562]Hear faults face destruction trom ground
[563]shaking aud land (11.
[565]Highe-riso buildings, buflt to more modern
[566]Standards, may not inppic, but ince sertous
[567]hazards of fire, disabled elevators and in-
[568]adequate stairwell safety.
[570]Earthquake disaster urpenry plans are in
[571]the nascent stages throushout the state,
[572]hampered by ape'hy amon public officials,
[573]Jack of funds and infrequent oxeretoes,
[575]The public is ill-prepared to cope with
[576]earthquakes or thelr arlermaths, There 19
[577]virtually no publicity about what to do dur-
[578]ing or after a major quake. Barthquako
[579]drills are rarely, {££ ever, held tn communi-
[580]tes or I public bulldings (schools aro an
[581]exception). .
[583]A recent federally sponsored study gives
[584]these estimates of death and injury should
[585]@ temblor of mors than 7 or 8 on the Rich-
[586]ter seaie occur in or near San Francisco or
[587]Los Anncles:
[589]San Francisco—as many as 10,000 persons
[590]dcad and 40,000 Injured. (Should s major
[591]dam. break, tho death toll could rise to
[592]60,000.) Another 46,000 could he leit home-
[593]less (not including dian dtiawuees).
[595]Los Angeles—2s many as 20,000 deaths and
[596]up to 600,000 injured. Additional deaths pos-
[597]sible Que to major dam failure—up to 14,000.
[598]Homeless (not incinding dam evacuees), up
[599]to 180,000.
[601]At the very best, Callfornians are fatalistic
[602]about earthquakes, accepting that they will
[603]come, and honing they will be out of tho
[604]affected area when it happens.
[606]“You don’t know when {t Is going to be or
[607]how it’s going to be,” sald one West Los An-
[608]geles resident, “I should put money into
[609]making my house earthquake-proof when I
[610]could be in some skyscraper swaying when 1t
[611]happens? Who cares?”
[613]In San Francisco, a college professor re-
[614]cently asked 125 residents In a random
[615]sampling what they would do if an carth-
[616]quake comes. Sixty per cent said, in effect,
[617]“Start praying. What else js there to do?”
[619]What can be done? In fact, quite a lot—
[620]and some of it is being accomptished In tho
[621]areas of building code uperatine, land-use
[622]planning, emergency preparedness, earth-
[623]guake prediction, and public education, But
[624]the effort of a fey arnressive lecistators,
[625]state and local officials, and private ellisens
[626]4s frustrated by tho low level of priority
[627]generally arsiened to carthqueie protection,
[629]Tho “kil ratio" of pase California earth-
[630]quakes is extremely low compared to, say,
[631]traffic accidents, About 900 persons have died
[632]as the results of quakes shivo the turn of
[633]tho century compared to an pyeraee annual
[634]Dlyhway toll of 4,800. Thus there are those
[635]who argue avalnst expenditures of time and
[636]effort on romething as mercuriel and unpre}
[637]dictable as an earthquace,
[639]Cajifornin’s new fovernor, Etmund G.
[640]Brown, Jr., is snid to be one of those. Accord-
[641]ing to a recent news story, Brown sugested
[642]that money being allocated for safe buildings
[643]mi,ht be used to improve the quality of edu-
[644]¢ation, to rehabilitate housing for the poor,
[645]or to creato construction Jobs.
[647]ALL TUFORAPION CONTAT wes
[650]ED
[652]HECEIN IS UNCTASSIPL
[654]i
[656]Qexesston ar. RECORD — SENATYg
[658]After the Sau Frenando quake, there was
[660]a flurry of studies, hearings, plans and Iegis-"
[662]intion.
[664]In Los Angeles, the butiding code require-
[665]ments were toughened. Explained Bob Wil-
[666]Hams, general manarer of Los Angeles’ De-
[667]pariment of Building and Safety: “We
[668]doubled the loading strength requirements
[669]and required standards twice as strong In re-
[670]inforend concrete and reinforced masonry.”
[672]Los Angeles’ building code Js ii senie re-
[673]spect tougher than the Uniform Bullding
[674]Cede to which most juri.dictions in the
[675]ftate adhere, One ollicial, Tone Beach bulld-
[676]ing director Edward M. O'Connor, a leading
[677]proponent of better preparedness, contends
[678]that the Uniform Building Code falls short.
[680]“Yt does not fulfill the purpose of the
[681]eade: to preserve life, limb, property and the
[682]public welfare in the event of au earth-
[683]quake,” he sald.
[685]Ghanges in. the uniform code come slowly.
[686]They are modeled after recommendations
[687]by the California Structural Engineers As-
[688]soclation, composed of professional. engineers
[689]who help design buildings.
[691]The recommendations usually represent
[692]a balance of conservative and liberal strains
[693]within the association, and, uccording to
[694]some observers, are strongly influenced by
[695]economic considerations.
[697]The drafters of the uniform code are still
[698]wrestling with one of the central lessons of
[699]the San Fernando earthquake—the fact that
[700]major butidings are being constructed with
[701]little knowledge or consideration of soil and
[702]geological conditions and how they might
[703]respond to ground shocks,
[705]Geologists and seismic experts admit they
[706]know very Httle about what causes earth-
[707]quakes or precisely how buildings are affected
[708]by local or even distant shocks. Now, for the
[709]first time, California is placing instruments
[710]that measure motion in key buildings
[711]eround the state. But they must await an-
[712]other earthquake to produce usable data,
[714]In the meantime, seismic considerations
[715]are working their way slowly—some say too
[716]slowly—into bullding requirements.
[718]New laws ban construction directly over
[719]rnetive faults, require eatisfactory geologic
[720]studies before new hosptiais are built, re-
[721]quire that s “seismic safety element” be in-
[722]cluded in local planning, and require the
[723]correction of unsafe dam conditions,
[725]This legislation added up to the most pro-
[726]gressive package of carthquake measures in
[727]40 years, but it was not accomplished without
[728]resistance. The restriction on building on or
[729]near faults, for example, inspired a storm of
[730]protest from real estate developers and in-
[731]dividual lot owners that eventually forced
[732]% modification softening the restriction.
[734]A hospital law passed in 1972 requires that
[735]detahted geological and soil reports for pro-
[736]posed hospital construction be reviewed by
[737]state geologists.
[739]James Flosson, director of the state De-
[740]partment of Mines and Geology, promptly
[741]ran Into problems.
[743]“The reports the first few months were a
[744]disgrace to the profession,” Flosson said. “We
[745]Insisted that they be redone, and done again
[746]unth they were right. I've had my head
[747]bloodicd many times as a result, I've been
[748]Uhreatened, told my career would be ruined—
[749]& Jew geologists tried to get me fired. But wo
[750]stood by our guns and now the quallty of
[751]the reports Is excellent.”
[753]Another area of controversy {s highrise
[754]safety. Berkeley architect Karl V. Stelnbruggs
[755]believes the modern steelframo construction
[756]will withstand Intenso shocks, But Henry J.
[758]*Derunkelb, a San Francisco ctructural en-
[759]giuver and frequent critic of safety standards,
[760]said: |
[762]“{ would not find it unreasonable to ex-
[763]pect... there will bo 15 to 20 total collap.cs
[764]with another 50 to 100 severcly damaged” in
[765]Ban Francisco,
[767]SF VWillo there tg disagrcement about high-
[769]April 29, 1975
[771]rise collapse, there is a broad consensus that
[772]most existing high rises aro vulnerable to ex-
[773]tensivo internal damage from unbolied
[774]equipment and, most significantly, from fre.
[776]The dangers are serious enough to have
[777]prompted major changes recently in fire rege
[778]ulations for all future buildings.
[780]All future high rises (above 75 feet) will be
[781]bull, with automatic governors that bring
[782]elevators instantly to ground level, and, most
[783]importantly, with sprinkler systems at cvery
[784]level.
[786]AH but a minusesie number of the nearly
[787]2,000 hivh rises presently in Los Anveles and
[788]San Francisco Jack sprinkler systems.
[790]Requirements that they be installed were
[791]written lito a state law last year, but eiYorts
[793]~ to drare rerulations ran into fierce opposition
[795]from builders, the Chambers of Commerce
[796]and other businessmen.
[798]The battle is still being Tought.
[800]San Francisco's disaster plan is advanéed
[801]over those of other municipalities, but it sui-
[802]fers from lack of a central comnnimications
[803]network, insufficient coordination gmong de-
[804]partments and inadequate practical exer-
[805]cises, according to a city planning depart-
[806]mont study.
[808]“All it is is a paper organization,” said
[809]Alfred Goldberg, head of the city’s building
[810]“department,
[812]Goldberg's concerns are echoed by Jamer
[813]Haigwood, state omergency services officer in
[814]charge of helping to create state-level dis-
[815]aster plan for Southern California.
[817]Commented Haigwood: “I don’t think most
[818]elected and appointed officiais understand
[819]they have a real responsibility to have their
[820]jurisdictions prepared. They are only daing a
[821]barebones job.”
[823]RULES ,OF PROCEDURE FOR THE
[824]SELECT COMMITTEE TO STUDY
[825]GOVERNMENTAL OPERATIONS
[826]WITH RESPECT TO INTELLI-
[827]GENCE ACTIVITIES
[829]Mr. CHURCH. Mr. President, in ac-
[830]cordance with the provisions of the Leg-
[831]islative Reorganization Act of 1970, I
[832]submit now for publication in the Rucorp
[833]the rules of procedure for the Select
[834]Cominittee To Study Governmental
[835]Operations With Respect to Intelligence
[836]Activities, These rules were adopted by
[837]the members of the Select Commniilice
[838]on April 9, 1975. I ask unanimous con-
[839]sent that they be printed in the Recorp,
[841]There being no objection, the ruics
[842]were ordered to be printed in the Recorp,
[843]as follows:
[845]RULES OF Procepore For THE SeLrcr Com-
[846]mMirres To Srupy GovenNMENTAL OPERA-
[847]wIoNS Wirt Respecr ro INTELLIGENCE
[848]ACTIVITIES, U.S. Senave, AvopreD Aprin 9,
[849]1975
[850]These Rules are issued pursuant to the
[852]ist Section of Senate Resolution 21, 94th
[854]Congress, Ist Session, agreed to January 27,
[856]1975, and printed in full in the appendix
[858]hereto.
[860]RULE 1, CONVGNING OF MEETINGS
[862]i Vhe Commiltee may schedule x rez
[863]ular day and hour for the Committee to
[864]meet, ‘
[866]12 Tho Cheirman shall have zulhasity,
[867]‘Upon proper notice, to call such sdtitiosl
[868]tmectings of the Committee as he may d.cm
[869]necessary and may delegate such authority
[870]to any other member of the Committee.
[872]13 A special meeting of tho Commitico
[873]may be calicd at any time upon the written
[874]request of Fix Or more members of tho Vom-
[875]mittee Med with the Clerk of the Canunitiee,
[877]14 In tho caso of any meeting of ths
[878]Committee, other than o renularly sched-
[879]uled mecting, the Clerk of the Committee
[881]enctosuns (42 —/ (6 5 95 WL y q
[886]April 29, 1975
[888]“shall notify every member of the Committed
[890]of the timo and piace of the meeting and
[891]shall aive reasonable notice which, except
[892]in extraordinary circumstances, shall be at
[893]least 24 hours in advance of any meeting
[894]held iu Washington, D.C, and nat lenst 48
[895]hours In the case of any meeting held out-
[896]side Washington, D.C.
[898]15 Ifa majority of the members of the
[899]Committee have made na request in writing
[900]to the Chairman to call a mecting of the
[901]Committee and the Chairman falls to call
[902]sucha a meeting within seven calendar days
[903]thereafter, Including Une day on which the
[904]written notice Is submitted, such mejorily
[905]may call a meeting by filing a wrifien notice
[906]with the Clerk of the Committee who shall
[907]promplly notify each member of the Com-
[908]mittee in writing of the date and time of
[909]the meeting. .
[911]RULE 2, MEETING PROCEDURES
[913]2.1 Meetings of the Committee shalt be
[914]open to the public except when otherwise
[915]directed by the Chairman or majority vote of
[916]menibers present,
[918]22 {It shall be the duty of the staff di-
[919]rector to keep or cause to be kept a record
[920]of atl Committee proceedings,
[922]23 The Chairman of the Committce, or
[923]if the Chairman is not present the Vico
[924]Chairman, shall preside over all mectings of
[925]the Committee. In the absence of the Chalr-
[926]man and theVice Chairman at any meeting
[927]majority member is present the ranking mi-
[928]nority member present, shall preside.
[930]24 Except as otherwise provided in these
[931]fruies, decisions of the Committee shall be
[932]py majority vote of the members present
[933]and voting. A quorum for the transaction
[934]of Committee business, including the con-
[935]duct of Executive sessions, shall consist of
[936]six Committee members except, that for the
[937]purpose of hearing witnesses, taking sworn
[938]testimony, and receiving evidence under
[939]oath, a quorum may consist of one Senator.
[941]25 <A vote by any member of the Com-
[942]mittee with respect to any measuré or mat-
[943]ter being considered by the Committee may
[944]be cast by proxy if the proxy authorization
[945](1) is In writing to the Chairman or Vice
[946]Chairman; (2) designates the membcr of
[947]the Committee who is to exercise the proxy;
[948]end (3) is limited to « specitic measure or
[949]matter and any amendments pertaining
[950]thereto. Proxies shall not be considered for
[951]the establishment of a quorum.
[953]RULE 3. BEQADCASTING, ITLEVISION, AND
[954]PHOTOGRAPLIY
[956]Any Committee meeting which is open to
[957]the public may, subject to Rule 6.7, be cov-
[958]ered, in whole or in part, by television, radio,
[959]still photography or other media coverage,
[960]if the Chairman authorizes such coverage,
[961]When coverage by any such medias is auth-
[962]orized 16 must be conducted in an orderly
[963]and unobtrusive manner, and the Chairman
[964]mag for <ood cause terminate such media
[965]coverage in whole or in part, or take such
[967]ther action as the circumstances may war-
[969]“rant.
[970]RULE 4. INVESTIGATIONS .
[972]No ftnye-tgation shall be lnitinted by the
[973]Committee unless a majority of the mem-
[974]bers of tho Committee has specifically au-
[975]thorived such investiation, hut any member
[976]of the Committice shell be entilled to pursue
[977]any inquiry individually unless specifically
[978]prohibited by a majority vole of the mem-
[979]bers of the Conmiuttes. Authorized investi-
[980]Betions or lucgilries may be conducted by
[981]meniberi of the Commuttee and ‘or by desig-,
[982]nated staff members,
[984]RULE 5S. SUBPOENAS .
[986]Subpoenas for attendance of witnesses or
[987]the production of memoranda, documents,
[988]records, or any other materint may be Issued
[989]by the Chairman, or any other momber
[990]designated by him after consultation with
[991]tho Vico Chairman, and may be served by
[993]C@m™GRESSIONAL RECORD — SENATI.
[995]rony person designated by the Chairman or
[996]member, Each subpoenas shall contain a copy
[997]of Senate Resolution 21, Otth Congress, ist
[998]Session,
[999]RULE 6. PROGEDURES RELATED TO TIE TAKING
[1000]* OF TESTIMONY
[1002]GA Notice. —Wituesses réquired to appear
[1003]before the Committee shall be given reason-
[1004]ablo notice and all witnesses shall be fur-
[1005]nished a copy of these Rules,
[1007]6.2 Ouih or Affirmation—Testimony of
[1008]witnesses shall be given under oath or af-
[1009]firmation which may he administered by any
[1010]member of the Committee.
[1013]tion shall be conducted by members of the
[1014]Coniniittes and sith stil personnel as is
[1015]authorized by the Chairman, the Vice Chalr-
[1016]man, or the presiding member.
[1018]6.4 Counsel for the Witness—(a) ANY
[1019]witness may be accompanied by counsel. A
[1020]witness who is unable to obtain counsel may
[1021]inform the Committee of such fact. and if
[1022]consistent with the notice given under Sec-
[1023]tion 6.1 hereof, at least 24 hours prior to his
[1024]appearance before the Committes, the Com-
[1025]mittee Shall then endeavor to obtain volun-
[1026]tary counsel for the witness, but failure to
[1027]ohtain such counsel will not excuse the wit-
[1028]ness from appearing and testifying.
[1030](b) Counsel shall conduct themselves in
[1031]an ethical and professional manner. Pailure
[1032]to do so shall, upon a finding to that effect by
[1033]a mafority of the members present, subject
[1034]such counsel to disciplinary action which
[1035]May include warning, censure, removal, or 3
[1036]recommendation of contempt proceedings.
[1038](c) There shail be no direct or cross ex~
[1039]amination by counsel. However, counsel may
[1040]submit in writing any questions he wishes
[1041]propounded to his client or to any other wit-
[1042]ness and may, at the conclusion of his
[1043]cHent's testimony suggest the presentation
[1044]of other evidence or the calling of other wit-
[1045]nesses. The Committee may use such ques-
[1046]tions and dispose of such suggestions as 16
[1047]rany see fb,
[1049]65 Statements by Witnesses—A witness
[1050]May make a Statement, which shall be brief
[1051]and relevant, at the beginning and conclu-
[1052]Sion of Lis testimony. Such statements shall
[1053]not exceed a reasonable period of time as
[1054]determined by the Chairman, or other pre-
[1055]siding memwer. Any witness desiring to make
[1056]& prepared or written statement for the rec-
[1057]ord of the proceedings shall file a copy with
[1058]the Cler& of the Committee, and in so far as
[1059]practicable and consistent with the notice
[1060]given, shall do so at least 72 hours In ad-
[1061]bance of his appearance before the Com-
[1062]mittee. .
[1064]66 Objections and Rulings-—Any objec-
[1065]tion ratsed by a witness or counsel shall be
[1066]ruled upon by the Chairman or other presid-
[1067]ing member, and such ruling srhall be the
[1068]ruling of the Committee uniess a majority of
[1069]the Committee present overrules the ruling.
[1070]In the case of tle votes the rule of the chair
[1071]will prevail.
[1073]6.7 Lights and Broadeasting.—(a) A wiht-
[1074]ness may request, on #rounds of distraction,
[1075]harassment, or physical discomfort, that dur-
[1076]ing his testimony, television, motion picture,
[1077]and ober ¢uneras and lithts shall not be
[1078]directed a6 hint, such requests to be ruled on
[1079]in accordance with Rule 2.4,
[1081](6) No witness subpoenacd by the Com-
[1082]mittee shall be required against his wlll to
[1083]be photographed at any hearing or to pivo
[1084]evidence or testimony while the broadcesting
[1085]of that hearing, by radio or television, 15
[1086]bein, conducted, At the request of any wite
[1087]ne.3 who dows not wish to be subjected to
[1088]radto, televi:lon, or stil photography cov-
[1089]eraze, all [enses shall be covered and all
[1090]microphones ado for coverage turned off,
[1091]So far as is practicable, a witness desiring to
[1092]make such a request shall so inform the
[1093]Chief Counsel of the Committee at least 24
[1094]hours prior to the time that witness ts
[1095]scheduled to testify. . ,
[1097]8 7055
[1098]Inspection and Correction—All wit-
[1099]Nesoes testifying before the Committoo shui
[1100]be given a reasonable opportunity to inspect,
[1101]in the office of the Committee, the transcript
[1102]of their testimony to deterniine whether such
[1103]testimony wes correctly transcribed, The wit-
[1104]Ness nay be accompanied by counsel. Any
[1105]corrections the witiess destres to make in
[1106]the transcript shal} be submited In writing
[1107]to the Committee within five dnys of the
[1108]availability of the transcripé. Correction:
[1109]shall be limited to grammar and minor edit-
[1110]ing, and may not be made to change the
[1111]substance of the testimony. Any questlons
[1112]arising with respect to such corrections siiall _
[1113]be decided by the Chairman. Upon request,
[1114]those parts of testimony given by a witnes;
[1115]in Executive session which are subsequentiy
[1116]quoted or made part of a record shall be
[1117]made available to that witness at his ex-
[1118]pense.
[1120]6.9 Persons Affected by TLestimony--A
[1121]person who believes that testimony or other
[1122]evidence presented at a public hearing, or
[1123]any comment made by a Committee membor
[1124]or Committee counsel, may tend to affect
[1125]adversely his reputation, may request to ap-
[1126]pear personaily before the Committee to
[1127]testify on his own. behalf, or may file a sworn
[1128]statement of facts relevant to the testimony,
[1129]evidence, or comment, or may submit to tho
[1130]Chairman proposed questions in writing for
[1131]the cross-examination of other witnesses. The
[1132]Committee shall take such action aos it
[1133]deems appropriate.
[1135]6.10 Contempt Procedures-—-No recom-
[1136]mendations that a person be cited for con-
[1137]tempt of Congress shall oe forwarded to the
[1138]Senate unless and until the Committee hus,
[1139]upon notice to all its members, met and con-
[1140]sidered the alleged contempt, afforded the
[1141]person an opportunity to state in writing or
[1142]in person why he should not be held In con-
[1143]tempt, and agreed, by majority vote of the
[1144]Committee to forward such recommendation
[1145]to the Senate,
[1147]6.11 Release of Name of Witness. —Utule.is
[1148]authorized by the Chairman, the name of
[1149]any witness scheduled to be heard by the
[1150]Committee shall not be released prior lo iis
[1151]appearance before the Committee.
[1153]RULE 7. PROCELURES FOR HANDLING CUASSTEUND
[1154]OR SENSITIVE MATERIAL
[1156]7.1 Committee staff offices on the firit
[1157]floor of the Dirksen Office Building shail
[1158]operate under strict security precautions. At
[1159]least one security guard shall be on duty at
[1160]all times by the entrance to control entry.
[1161]AIL persons before entering the offices shall
[1162]identify themselves. At least one additional
[1163]security guard shall be posted at night for
[1164]surveillance of the secure area where sensi-
[1165]tive documents are kept.
[1167]7.2 Sensitive or classified documents and
[1168]material shall be segregated in a ‘secure
[1169]storage area, They may be examined only at
[1170]secure reading facilities. Copying, dupticat-
[1171]ing, or removal from the Committee atuf
[1172]offices of such documents and other materints
[1173]is prohibited except as is necessary for use m,
[1174]or preparation for, interviews or Committlee
[1175]mectings, Including the taking of testimony,
[1176]and In conformity with Section 9.2 hereot.
[1178]7.3 Each member of the Committee shut
[1179]at all times have access to all papers mid
[1180]other matorial received from any source. 'l se
[1181]Stalf Director shatt be responsible for tte -
[1182]maintenance, under eppropriate security
[1183]procedures, of a registry which wilh nurs
[1184]and identify all papers and other mates
[1185]In the possession of the Committee, gud sea
[1186]registry shatl be avaliable to ony member of
[1187]the Cummitttee,
[1189]74 Access to classified information snp-
[1190]plicd to the Committee ohatl be Nniiled to
[1191]the Stall Director, the Chief Counsel and t+
[1192]Counell to the Minortty, and those stair mem
[1193]bers with appropriate security clearances 111
[1194]B nced-to-know,
[1196]7.5 No testimony taken Inctuding the
[1197]names of witnesses techiying or mutterist
[1199]HUW BEZGE~ DOTIMS 2969599 P yet
[1202]cy co ow
[1203]5 7056
[1204]a os . .
[1205]presented at an Executive Session, or classl-
[1206]fied papers, and other materials recetved by
[1207]tho staff or its consultants while in the em-
[1208]ploy of the Commitice shall be made public,
[1209]4n whole or in part or by way of summary, or
[1210]disclosed to any person oulside tho Comumit+
[1211]tee untess authorized, by a majority vote of
[1212]the entire Commnit‘es, or after the termina-
[1213]tion of the Conmunateo, In such manners as
[1214]may be determined by the Senate.
[1216]1.6 Before the Committes is called upon
[1217]to make any divpesition wilh respect to the
[1218]vestimony, pepers, or olier materials pre<
[1219]sented to lt, the Commutiee members shail
[1220]havo a rearonabic opportunity to examine
[1221]oll pertinent Leacumuny, papers and other
[1222]materinis that have been cblained by the
[1223]cCommitice stall. No member shall releas
[1224]any such te. timong, papers, or other materl-+
[1225]als, or any information contained in such
[1226]testimony, papers, or other materials, to the
[1227]public or any person outelde the Commitice
[1228]unlers authorized by a majority vote of the
[1229]entire Committee, or after the termination
[1230]of the Committee, in such monner as may
[1231]be determined by the Senate.
[1233]RULE 8. PREPARATION FOR COMMILTER MLNITINGS
[1235]8.1 Under direction of the Chairman, the
[1236]Staff Director, Chlef Counsel, Counsel to the
[1237]Minortty, or other desiznated staf! members
[1238]sia2il brief membors of the Commitice at a
[1239]time sufficiently prior to any Committee
[1240]meeting in order to assist the Commitice
[1241]members in preparation for such meeting
[1242]and to determino any matter which the
[1243]Committee member might wish considered
[1244]during the meeting. Such briciing shall In-
[1245]eludo a list of all pertinent papers and other
[1247]materials that have been obtained by the -
[1249]Committce that bear on matters to be con<
[1250]sidered at the meeting.
[1252]8.2 The Sta Director, the Chief Counsel,
[1253]and the Counsel to the Minority shall rec-
[1254]ominend to the Chaimian and the Vice Chrire
[1255]‘man the tevtimeny, papers, und other mate-
[1256].Thals to be presented to the Committee at any
[1257]meeting. The determination whether such
[1258]testimony, papers, and other materinis shall
[1259]be presented in open or Executive session
[1260]shall be made pursuant to the rules of the
[1261]Senate.
[1263]RULE 9. STAFF
[1265]9.1 The appolntment of all staff mem-
[1266]bers and consuitanis shali be confirmed by a
[1267]majority vole of the Committec, After con-
[1268]firmation, the Chairman shall certify staff ap~
[1269]polutments to the Financial Clerk of the Sen~
[1270]ate in writing.
[1272]92 Except as otherwise provided by tho
[1273]Committee, the duties of staff and consult~
[1274]ants shall bo performed, and staff personnel
[1275]affairs and day-to-day operations, including
[1276]security and control of classified documents
[1277]and material, shall be administered under the
[1278]direct supervision and control of ithe Staff
[1279]Director and the Chief Counsel, The Counsel
[1280]for the Minority shali be kept fully informed
[1281]regarding all matiers and shall have access
[1282]to all material In tho files of the Committee.
[1284]9.3 Tho staff of tho Commitico shall not
[1285]fliscuss either the substance or procedure of
[1286]the work of the Committee wlth anyone
[1287]other than a member of the Committco or
[1288]other Committee personnel. Upon terminn-
[1289]tion of employment by the Committee, each
[1290]member of the sfaff, or consaltant, shall sure
[1291]render all classified and other material re-
[1292]lating to the work of the Committee which
[1293]came into his possession whilo In the employ
[1294]of the Commiltee.
[1296]9.4 Tho emptoyment of any member of
[1297]tho staf or consultant who falls to conform
[1298]to any of theso Rules shall be tmmediately
[1299]terminated,
[1301]RULE 10. SERVICNS, INFORMATION, FACILITIES,
[1302]AND PERSONNEL OF THE GOVERNMENT; CON-
[1303]SULTANTS
[1304]The Chairman shall have the authority to
[1306]utilize the services, information, faciities,
[1308]and personnel of the departments and agen-
[1310]@ crzssionat RECORD — SENAT®
[1312]efes of the government, and to procure the
[1313]temporary or intermittent services of experts
[1314]or consultants or orgnnizations thereof to
[1315]minke studies or assist or advise the Com-
[1316]mittee with respect.to any matter under
[1317]investigation,
[1319]RVLDG ii. REPORTING OF MIFASURES OR
[1320]RECGMMENDATIONS
[1322]11.4 Wo measure or recommendations
[1323]shall be reported from the Committee unless
[1324]a majority of the Conimiuttee ts aclually pres-
[1325]ent and « minjority of those preent concur,
[1327]4t2 In any case In which the Commit-
[1328]tee is unable to reach a wnanimous decl-
[1329]siob, separate views or reports may be pre
[1330]sented and printed by aly meniber or niem-
[1331]bers of the Committee,
[1333]113 <A member of the Committee who
[1334]gives notice of his intention to file supple-
[1335]amental, minority, or additional views a6 the
[1336]dime of final Commitice approval of a meas-
[1337]ure or mallor, shall be entitled to not less
[1338]than three calendar days in which to file
[1339]such views, in writing, with the Clerk of the
[1340]Committee. Such views shall then be in-
[1341]cluded in the Committee report and printed
[1342]in the same volume, as a part thereof, and
[1343]thelr inclusion shall be noted on the cover
[1344]of the report.
[1346]RULE 15. CIIANGES IN EULES
[1348]These Rules may be modifled, amended, or
[1349]repealed by the Committee, provided that a
[1350]notice in writing of the proposed change has
[1351]been given to each member at least 48 hours
[1352]prior to the meeting st which action thereon
[1353]is to be taken.
[1355]ANNOUNCEMENT OF POSITION
[1356]ON VOTES
[1358]Mr. STEVENS. Mr. President, on
[1359]April 22, 1975, I submitted for the
[1360]ReEcorp a summary of my Rosision on the
[1361]votes for H.R. 2166, the tax reduction
[1362]bill and H.R. 4296, the farm bill. For
[1363]the permanent Recorp, I would like to
[1364]correct an error made in this summary.
[1365]The correct notation for votes No. 92 and
[1366]93 should be as follows:
[1368]Vote No. 92: Modified Hart unnum-
[1369]bered amendment—nay.
[1371]Vote No. 93: Motion to table motion to
[1372]reconsider the vote by which the modi-
[1373]fied Hart unnumbered amendment was
[1374]agreed to—nay.
[1376]THE IMPORTANCE OF
[1377]LATIN AMERICA
[1379]Mr. HUMPHREY. Mr. President, I
[1380]wish to call to the attention of my
[1381]colleagues an editorial which appeared
[1382]in the Washington Post on April 26 en-
[1383]titied, “The Importance of Latin Amer-
[1384]ica.” Frankly, it is a sorry thing we
[1385]have to be reminded.
[1387]Por too long, we have neglected what
[1388]President Kennedy recognized as our
[1389]“sister republics’—and when we have
[1390]dealt with them, if has too often been
[1391]on the basis of paternalism rather than
[1392]equality. Yet the geod nelshbor policy
[1393]and the alliance for progress remind us
[1394]that our relations have been—and arain
[1395]ean be—warm and constructive. They
[1396]should occupy a central place in our
[1397]forelgm policy, and they should be con-
[1398]ducted with the mutual respect they
[1399]deserve.
[1401]Unfortunately, we have been dis<-
[1402]tracted in recent years by hotter spots,
[1403]such as Indochina and the Middle East,
[1404]not to mention our (raditional absorp-
[1406]April 29, 1973
[1408]tion In superpower politics, To be stra
[1409]it is some measure of our Indlifercy,,
[1410]that we have withheld trade preferenm..
[1411]across-the-board, despite the fact th.
[1412]countries like Venezuela and Ecuador ¢
[1413]not participate in the Arab oil emba:,
[1414]which provoked our action.
[1416]Beset by massive social and econo:
[1417]problems, South America continues |
[1418]ferment. We should not wait to be cr,
[1419]fronted with revolution and crisis. Rats.
[1420]er, we should anticipate and encoun
[1421]progress and peaceful change. We ml .+
[1422]begin by supporiing a new and fv.
[1423]Panama Canal Treaty, by seriously mr.
[1424]evaluating the present policy of sur .
[1425]tions on Cuba, and by forswearing in:,:.
[1426]ference in internal affairs, which has ly -
[1427]such serious repercussions in Chile an:
[1428]Honduras,
[1430]Clearly, the mere visit of Secreta
[1431]Hissinger cannot substitute for the sub-
[1432]stantive reassessment and improveme.t
[1433]of our altitudes and policies. Latin Ame.
[1434]ica is coming of age; so should Ameri.
[1435]Perhaps for our bicentennial we shu!
[1436]establish a new corollary to the Monyr
[1437]Doctrine, that Latin America be pro-
[1438]tected not only from European excesse
[1439]but from our own as well,
[1441]Mr. President, I ask unanimous co-
[1442]sent that the exccllent Post editorial Le
[1443]printed In the Recorp.
[1445]There being no objection, the editoria
[1446]was ordered to be printed in the Rrcarn,
[1447]as follows:
[1449]Tire IMPORTANCE OF LATIN AZTERICA
[1451]It is regrettable but not disastrous th:
[1452]the Indochina crisis should have forced Sve-
[1453]retary of State Kissinger to postpone ++
[1454]again his long-scheduled tzlp to Argentinas
[1455]Brazil and Venesuela, The trip would surely;
[1456]have enhanced the secretary’s understar«
[1457]ing of a region of far more critical and ¢u-
[1458]during irapertance to the United States ¢1.
[1459]Indochina. And it wouid have given his ho- +
[1460]the opportunity to get what Latins perre.-
[1461]nially feel Is 5 commodity in short supply—
[1462]the high level attention of the U.S. govern:
[1463]ment. Yet the visit of an American Secretary
[1464]of State, even one who Is a celebrity, is 10%
[1465]something that would turn the heads ¢
[1466]thoughtful Latins, They will wish to seo whi.
[1467]else Of & serious naturo in Latin-U\S, reja-
[1468]tions is golng on.
[1470]The chicf political task of American po!
[1471]dey in the hemisphere is, plainly, to-move
[1472]jheyond the arrogance and paranoia thet} !
[1473]American officials to think It was not omy
[1474]apprcpriate but necessary to “destabilize” te
[1475]elected governments of Chile in 1970-7.
[1476]Stace some of the same key onicials, inc?
[1477]ing Dr. Elssinger, are still in posts of resp
[1478]aibliity, this fs mo small task. Gptini-‘)
[1479]might hopo that the newly heightened puv-
[1480]lic and congressional vigilance over the Cis,
[1481]and the agency’s own announced reforms, i”
[1482]enough to forestall! another “Chile.” Pe i+
[1483]mists will remain skeptical, at least until the
[1484]test of the next Chile is met.
[1486]Meanwhile, the developing empharis of U.
[1487]policy on treating Latin countries indivi
[1488]ually, rather than as look-alike members of
[1489]@ Remilupheric collective, is n healthy st'%
[1490]This new emphasis fits tho reality that Tati 7
[1491]are different, Ib flta the cursent Latin in-
[1492]clination to take a step away from the aid
[1493]notion of a hemispheric “community.” Ard
[1494]df deepaned, it should free American poli y+
[1495]makers from tho tisidlous idea that whet
[1496]happens la ona corner of Latin Aracricn will
[1497]also happen tn other corners, I¢ ls preci «-¥
[1498]this idea that ted Wesnington to fear ish
[1499]Cuba and Chile, in their respective thucs
[1500]would contaminate tho rest of the reylon.
[1502]Tat HE 2 On AN ay Renae oon
[1504]oo
[1506]. NW 88296 Docid:32989512 Page 14
[1509]|
[1510]|
[1513]8 May 1975
[1515]MEMORANDUM FOR: Members of the USIB Ad Hoc Coordinating’
[1517]Group
[1518]SUBJECT : Security Clearances —
[1520]. 6 . 7
[1521]4 7 ; a Geoucce e
[1523]‘“
[1525]The following is a listing of 12 additional Senate
[1526]Select Committee Staff members and official stenographers (*)
[1527]who have received a security investigation by the Federal
[1528]Bureau of Investigation within the past five years and
[1529]are certified by Mr. William G.: Miller, Staff Director of
[1530]the Senate Select Committee, by letter dated May 6, 1975,
[1531]as meeting the requirements of Executive Order 10450 for
[1532]access to classified information up to and including Top
[1534]Secret.
[1535]Name . | . _ Date & Place of Birth Soc. Sec. No.
[1536]*C. Harold Brown 6/6/38 Ohio 278-34-3428
[1537]*Wayne Birdsell 5/2/06 D.C, 578-03-1841
[1538]Anne Karalekas : 11/6/46 Mass: | 023~-36-4329
[1539]’Mary Lynch 3/16/26 W. Va. 250-368-1344
[1540]Robert Kelley 10/29/40 Ind. 559-54-1348
[1541]Paul Wallach 5/24/47 N. Y¥. 149-36-2999
[1542]Lester Seidel T/17/44 D.C. 216-38-5204
[1543]*Frank Shelburn 5/30/13 Va. 338-24-6934
[1544]*Robert Thotias 12/16/25 Md. 219--14-5186
[1545]Gregory Treverton 1/21/47 Colo. 524-62-2459
[1546]William Truehart 12/18/18 Va. 225~-20-6411
[1547]*Fred Ward — 11/20/40 D.C 225-50-9983
[1549]bd-/16395-
[1550]el ET parte ie a eeCSiDay:
[1552]/ ‘é “h . ae 1's May 13 aut)"
[1553], AQ ohn M. Clarke
[1554]Asgooi
[1556]te Deputy to the DCP" mrp. i
[1557]for the Intelligence Community #
[1561]—_ . | SJ
[1562]ayia 42 87° oo fu le bd U637¢
[1564]Docid:32989532 Page 15
[1567]v a
[1569]OPTIONAL rofa No.10 0 * 5010-106
[1570]“eAAY, 3962 EDIGSIN
[1571]GA GEN. REG, NO, 27
[1573]*~ UNITED STATES GOVERNMENT Assoc. > ao
[1574]Alogi
[1576]Dep. AD
[1578]I - Mr. J. B. Adams Dep. AD f
[1579]\ C Memorandum 2 - tie. J. A. Mintz, admins
[1580]ff 1-Mr.J.B.Hotis come. Syst —
[1581]\ TO -MR. wieQudiat DATE: May 14, 1975 Files & Com =
[1582]nto L - Me. W. R. Wannall tien
[1583]FROM : MR, “ee 1 - Mr, W. O. Cregar wir
[1584]1 - Mr. S. F, Phillips Laboratory
[1586], = .
[1587]: O a : . Plan. & Eval.
[1589]SUBJECT: SENSTUDY 75 pia ( be) ‘cast A
[1592]Telephoné Rm.
[1593]rector Sec'y —_
[1595]My memorandum to you dy furnished highlights of
[1596]information relating to an interview by a Senate Select Committee
[1597](SSC) Staff Member of retired SA Alan G. Sentinella, as obtained
[1598]bh by Supervisor Seymor Fred Phillips of the Bureau's Senstudy 75°
[1599]Special Project.
[1601]At 11:20 a.m. 5/14/75_Sentinélla telephonically contacted
[1602]Phillips from Atlanta, Georgia, and advised that he had ‘been tele-
[1603]phonically contacted earlier on the morning of 5/14/75 by SSC
[1604]Staff Member Lester B. Seidel who had interviewed him 5/12/75.
[1605]Seidel told Sentinella that he is being ‘subpoenaed to give sworn
[1606]testimony before an Executive Session of the SSC 9:30 a.m. Wednesday,
[1607]5/21/75, The testimony is to be:given in Room G-308, New Senate
[1608]Office Building. In response to specific questions from Sentinella,
[1609]Seidel advised Sentinella that he will be reimbursed expenses, hat
[1610]his presence will probably be needed for only one day, and thatthe
[1611]purpose is to essentially go over the material covered when Seidel
[1612]interviewed Sentinella 5/12/75. Seidel asked Sentinella who had
[1613]taken over the case concerning Levison (Stanley David Levison, former
[1614]consultant to Martin Luther King’, Jr., who was under Bureau investi-
[1615]gation because of his communist background) in Atlanta when
[1616]Sentinella left. Sentinella furnished Seidel the name of SA
[1618]we Richard Hamilton. REC109 [pe2 “/16 34S “AY
[1620]Sentinella asked Phillips for @ssistance of the nature he
[1621]received when he was interviewed; that is, someone=fxom the Bureau
[1622]to render guidance relative to any sensitive areas that might™pes
[1623]touched upon. He furnished the following as his “hashes igypbers
[1624]in Atlanta, all area code 404.
[1626]Office: 658-2167
[1630]658-2119 CONTINUED - OVER
[1632]Residence: 475-5327
[1634]62-116395 475-7816
[1635]1 - 67-432832 (Personn@1l File Former SA Alan G. Sentinella)
[1637]8 4 At oo) WI re Vee
[1639]NW 60296 Docld:32909532 Page 16
[1641]By§
[1643]sh
[1644]ALL INFORMATION contarnms? MOLLE
[1645]-[9-6
[1647]HEREIN 1S UNCLASSIFIED
[1649]DATE
[1652]Memorandum to Mr. W. R. Wannall
[1653]RE: SENSTUDY 75
[1654]62-~116395
[1656]In accordance with established procedure, Sentinella
[1658]was advised that he would be contacted by someone from the
[1659]Office of the Legal Counsel who will make arrangements for
[1661]a& Bureau representative to be available for consultation
[1662]Should Sentinella's testimony involve sensitive areas of
[1663]inquiry, Sentinélla indicated his intention of arriving
[1665]in Washington, Ds C., late in the afternoon or in the
[1667]evening of the day preceding his testimony,
[1669]ACTION:
[1670]Refer to Legal Counsel so that someone from that
[1672]Office may get in touch with Sentinella in accordance with
[1673]the foregoing,
[1675]ye ih
[1676]6 : Pun af
[1677]soa? “pale wl
[1678]Got pe ee fat Be
[1679]pe oo :
[1680]yee . i
[1682]NW 88296 Docld:32989532 Page 17
[1685]i
[1686]\,
[1688]FROM
[1690]rani Deg,
[1692]FCLASSIPLIED
[1693]BY
[1695]ALY INFORMATION CONTA
[1696]6
[1698]HEREIN IS
[1699]DATS 1
[1701](O
[1702]SUBJECT: sENSTUDY a,
[1704], .
[1705]DPTIONAL FORM NG. 10 5010-106
[1707]MAY 1962 EDITION
[1708]GSA GEN, REG, NO, 27
[1710]UNITED STATES GOVERNMENT
[1712]Memorandum
[1714]“L- Mr. J.
[1715]_2i— Mr.
[1717]> Mr. 3. B. Adams DATE: 57/16/75 Files & Com.
[1718]Gen. Inv.
[1719]/li- Mr. W. R. Wannall - hei oe
[1720]* W. R. Wannall, _l- Mr. J. .G. Deegan wee
[1721]wa “1 - Mr. R. L. Shackelford  bste—
[1722]_1- Mr. W. 0. Cregar Spec. Inv. —__
[1723]/1l- My. S. F. Phillips Training
[1725]al
[1729]. Phis informative memorandum is to
[1731]Senate Select Committee (SSC) Staff Members
[1733]’B.. Adams -
[1734]J. A.
[1735](I '- Mr. BP. V. Daly)
[1737]Assoc. Dir, —___
[1738]Dep. AD
[1740]Mintz. °
[1742]Comp. Syst. —_
[1743]Ext, Affairs —
[1745]Legal Coun,
[1746]Telephone Rm. __
[1747]Director Sec’y __
[1749]report briefing of
[1750]on informant matters
[1752]_ 107 (Bart I - Security Informants) and 130 (Extremist Informants)
[1754]by INTD personnel. Asay
[1755]At the request of the SSC Staff, a briefing session i
[1757]was held in my office from 8:50 a.m., to 101550 a.m., 5/16/75.
[1759]Representing the SSC were Staff Members Mark Gitenstein and
[1761]Thomas Dawson. In addition to myself, present from the INTD
[1763]were Deputy Assistant Director H. E. Helgeson, S. F. Phillips
[1765]of SENSTUDY - 75 Staff, and Unit Chiefs E. P. Grigalus (IS-2 .
[1767]Section), and H. A. Newman, Jr. (IS-1 Section). Also present
[1769]was Supervisor J. D. Miller of the Legal Counsel's Office.
[1771]SSC Staff Members had previously reviewed Sections
[1773]of the Manual of Instructions and the purpose of the briefing
[1775]was to. go over these Sections and answer the visitors' questis
[1777]and clarify doubtful areas. Such matters as the following ivy
[1778]were covered: Terminology regarding confidential sources,
[1779]potential security informants and security informants; mean
[1781]for approving informants; payments to informants both on
[1783]SAC approval and FBIHOQ approval; converting of potential infor-
[1784]mants to informants; establishing reliability; assignment of
[1785]symbol numbers; distinction between permanent and temporary
[1787]symbol numbers; use of FD-401 for semiannual reports: on infor-
[1788]mants; use of FD-405 for monthly and quarterly reports on
[1789]informants. Also covered were: Use of informants in COINTELPRO;
[1790]entrapment and agent provocateur aspects; movement of informants
[1791]between field office territories; channelizing memoranda; handling
[1792]of informants after determined to be unreliable;
[1794]“pec
[1796]role relating to informants at field an (22.
[1798]Mr.
[1800]Gitenstein, who was We seni
[1802]and inspectors
[1803]jiesi Nl
[1805]er Os ne ssc
[1807](2)
[1808]8 A MAY 2:7 1975
[1810]NW 88796 Docld:32989532 Page 18
[1812]team present, indicated satisfaction with the er pestudet ewok HE
[1813]briefing and that all their inquiries had been answered. He made
[1814]a@ MAY 27 1915
[1816]Soe
[1818]62-116395 CONTINUED - OVER
[1820]SFP:cme f °C,
[1823]Memorandum to Mr. J. B. Adams ©
[1824]Re: SENSTUDY - 75
[1825]62-116395
[1827]| I: very cogent observation concerning the: FBI's handling of
[1829]informants. The SSC Task Force he is on is studying informant
[1830]matters in various intelligence community agencies including
[1831]the FBI. He stated that they had found the FBI as so much far
[1832]superior to other agencies that they considered the FBI as the
[1833]standard for all law enforcement. He cited specifically the
[1834]finding that the Internal Revenue Service and the Bureau of
[1835]Alcohol, Tobacco and Firearms as very weak in informant
[1836]aspects.
[1838]It is believed that the visitors found the briefing
[1839]most productive, as they themselves stated that briefings ~
[1840]such as this one will be very helpful to the SSC in its works
[1841]and promote friendly and businesslike relations between the
[1842]SSC and the Bureau.
[1844]ACTION:-
[1846]None. For information.
[1848]g ho i a
[1850]i
[1852]NW 88296 Docid:32989532 Page 13
[1855]OPTIONAL FORM NO, 10 . 3010-106
[1856]MAY 59672 EOUTOM
[1858]Gsi Gen, 0G, IO, 27 § ? « > . Assoc. Dir. J
[1859]UNITED STATEQHOVERNMENT , é Dep. AD Adin. -,
[1860]Dap. AD Inv. .
[1862]-- Memorandum re
[1864], Comp. Syst. —.-
[1865]Ext. Alfairs, ~
[1867]* TO Mx. McDermott DATE: 5/9/75 : eS 2)
[1868]Ident. —— 4
[1869]+e ah, Inspection
[1870]N ak intoll.
[1871]FROM 3. C. Graton i Cob a hmm (Tew FA Ahk tabewien |
[1872], Legal Coutts. 2
[1873]L Sane Ben Fan RE af
[1874]SUBJECT:SENATOR GARY HART (D-COLORADO) Telsiey
[1875]REQUEST FOR FBI DATA ON HIM UNDER THE ; Teluptane Rm.
[1876]“ ' EREEDOM OF INFORMATION ACT (FOIA) Director Sea'y ao
[1878]re < oda".
[1879]| We received this afternoon, 5/9/75, from Mrs. SWSsan-Mo7
[1880]Hauser of the Deputy Attorney General's Office, the following ‘
[1881]data: 1) informal note from Doug Marvin to the Deputy. Attorney
[1882]‘General re: Senator Hart's meeting with the Attorney General
[1883]5/6/75: 2) letter to Senator Hart by the Attorney General dated
[1884]5/7/75 advising that Hart's oral request for access to his FBI
[1885]file will be treated as coming under the FOIA; and 3) a memoran~
[1886]i dum from for files dated 5/6/75 that appears to have been 7
[1887]. dictated by the Attorney General in which he sets forth pertinent
[1888]{ information concerning his meeting with Senator Hart. The Attorney
[1889]- General points out that he will treat Hart's oral request as
[1890]nj coming under the FOIA although he did not know whether the
[1891]it Senator should in fact make this request in writing (actually,
[1892]H the Code of Federal Regulations, of course, points out that FOIA
[1893]requests must be in writing).
[1895]According to the Attorney General's memorandum, senatox. »
[1897]\y Hart’ ‘indicated that he was not trying to make a particular NN,
[1898]point and did not want to go to court, but rather felt it would
[1900]be helpful to members of the Senate Select Committee, who wanted \
[1902]to do it, to see what an FBI file was like, and he felt that by
[1903]seeing his own file it would raise less problems than trying to
[1904]see someone else's file. Oe
[1906]In view of the Attorney General's letter to Senator |“ “4
[1907]Hart of 5/7/75 advising him that his oral request will be processed [\
[1908]under the FOIA, the FOIA Section will immediately institute the —
[1909]processing of this request. However, unless advised to the
[1910]contrary, it is intended that Senator Hart's request will be put
[1911]in chronological order and will receive no special treatment. It -
[1913]AU TIFNTMATION conTarnep” Oe 7G
[1914]BY.
[1916](FEST LS UICLASSIPIED
[1918]‘ “y jshould also be noted that Senator Hart is under the mistaken : 8
[1919]@ (belief that as a Senator, and particularly as a member of the : &
[1920]& iSenate Select Committee, he could receive an FBI file on. a. thirds
[1922]GR -#L/O3BGS—
[1924]<p
[1925]il - Mr. McDermott - Enc. Heke beta! Cee tce f % faa wns z
[1926]1 - Mr. Mintz ~ Enc. fae “erase a
[1927]1 - Mr. Wannall - Bne. Loy, Ais “ 3
[1928]Atten: Mr. Cregar ROT BS ARE ad * BBs
[1929]1 - FOIA Section # Enc. meas:
[1930]ea
[1931]ren Caen ers .
[1932]Tore M1, CONTINUED — OVER ~
[1934]y > p Mmidbosur# '
[1937]NW 88296 Docid:32989532 Page 20 . . 7
[1940]“NW 882796 Docld:32989532 Page 21
[1942]soy . ie ;
[1943]: “os x 1 o~ *
[1944]” . ~ . « . bal
[1946]J. C. Farrington to Mr. McDermott memo
[1947]Re: Senator Gary Hart
[1949]party and be allowed to look at it. This, of course, is not
[1950]correct and we would advise Senator Hart the same as any other
[1951]requester making a similar request that we would need authori-
[1952]gation from the third party involved prior te releasing any data
[1953]we may have to the Senator.
[1955]Senator Hart is a new. Senator serving his first term.
[1956]He was the campaign manager of Senator McGovern's 1972 “4
[1957]PresidentaL campaign.
[1961]For information.
[1963]pe
[1965]| a ~a Looney athe OY Vip scettt een ot
[1966]SL, fv t co. hw 2 ote! TT : .
[1967]wan cn al Arethaanerifne aaa
[1968]fhe the Cereqartt | (fees 4 wtb /
[1971]_ Lt bt. baw Cortaitid , top }
[1975]ve Lewedel be brat, Vo tbe yi
[1979]“
[1980]eee oe owe
[1982]where tft ne “e
[1983]v
[1985]wa ee we oe te
[1987]A aed we Covet we yet hl sad are oat ¥ Ch LE ae ie
[1991]y /
[1993]7
[1996]OPTIONAL FORM'NO, 10 5010-106,
[1997]. MAY 1962 EDITION
[1998]. “GSA GEN. REG. NO. 27
[2000]UNITED STATES GOVERNMENT Assoc. Dir.
[2002]1- Mr. J. B, Adams aie
[2004]Memorandum 2+ Meo J. A, Mintz = aS
[2005]\ (1-Mr.P.V. Daly) conlgn
[2006]-o MR. W. R. WANNALL @) DATE: May 13, 1975 pat Afores —
[2007]Gen. Inv. .
[2009]iy 1 - Mr. E. W. Watsh Ident.
[2011];, FROM :MR. Wy S eRncan. . 1 - Mr, W. R. Wannall emit >=
[2012]" ‘a a - 1 - Mr, W. O, Cregar Laboratory —__
[2013]‘ 1 - Mr. S, F. Phillips rons b Evel: —
[2015]suBjeat: SENSTUDY 75
[2019]This informative memorandum to record highlights of
[2020]information relating to an interview by Senate Select Committee (SSC)
[2021]Staff Member wf retired SA Alan G. Séntinella, as obtained by
[2022]Supervisor Seymor Fred Phillips of the Bureau's Senstudy 75
[2023]Special Project.
[2026]G
[2028]Pursuant to Bureau instructions, Phillips went to Atlanta,
[2029]Georgia, to fulfill the request of Sentinella for the presence of
[2030]a Bureau Agent. at the time Sentinella was to be interviewed on
[2031]5/12/75 by SSC Staff Member Lester B. Seidel, Sentinella is presently
[2032]Safety Director, Georgia State University, Atlanta. He has been
[2033]retired from the FBI for about four years and in the period around
[2034]1964-66 he did work on the investigation of Martin Luther King, Jr.,
[2035]and for a time, the King case as well as that of King's organization,
[2036]the Southern Christian Leadership Conference, was assigned to him,
[2037]Sentinella had been told in advance by Seidel that he was to 5B)
[2038]interviewed concerning King and Levison (Stanley David Levisony
[2039]former consultant to King who was under Bureau investigation Hecause
[2040]of his communist background).
[2042]‘a
[2044]nS) p
[2046]ALL TUPORMATION CONTAL
[2047]HURELH IS UNCLASSIFIED
[2048]parm _)-/9-9] BY.
[2050]Phillips was in Sentinella's private office at 12:24 p.m.
[2051]when Seidel arrived. Sentinella explained to Seidel’ that after
[2052]Sentinella had agreed in a telephone conversation with Seidel 5/9/75
[2053]to being interviewed, he (Sentinella) contacted the Atlanta FBI
[2054]Office because Sentinella was concerned with the sensitivity of the
[2055]information he knew about King and Levison and wanted to protect |.
[2056]the confidentiality of his information and the Bureau's ,ints 6) Uh
[2057]especially as pertaining to current cnyeaténet tose wabbdes: GEG. '
[2058]Sentinella explained to Seidel that the FBI offeredS“fave an Agent
[2059]present, not to monitor the interview, but for consuL tat tony pymposes
[2060]should the interview reach into sensitive areas, Sentinella thus_;
[2061]accounted to Seidel for Phillips’' presence. At this.points"PHTTTips
[2062]reiterated the reasons given by Sentinella for the presence of a
[2063]FBI Agent and Seidel was told that Phillips' presence was defi
[2065]62-116395 wa |
[2066]SFPiekw (9)%* CONTINUED - OVER,
[2067]1 - 67-432832 (Personnel File Former SA Alan G. Sentineny®)
[2069]Rtallay Bonide Re9s32 Page 22 % \
[2072].
[2076]Memorandum to Me. W. R. Wannall
[2077]RE: SENSTUDY 75
[2078]62-116395
[2080]not intended to have any chilling effect on Seidel's interview
[2081]and that Phillips was there only upon Sentinella's request and
[2082]for the purposes indicated, Phillips then retired to an adjoining
[2083]room, ;
[2085]Sentinella consulted with Phillips on only one occasion.
[2087]At about 1:45 p.m. .° he came to Phillips adjoining office. and
[2088]said that Seidel's current questioning was concerning the make-up
[2090]of the squad Sentinella was assigned to around 1965, This squad
[2091]‘handled security, racial, and civil rights matters and Seidel was
[2092]apparently seeking information as to the parameters of these types
[2094]of investigations and what they entailed. At this point Phillips
[2095]joined Seidel and Sentinella and offered the following in possible
[2096]assistance to Seidel. Phillips explained that the various Sections
[2097]of the Bureau Manuals dealing with these types of investigations
[2098]had been made available to the SSC and insofar as the security
[2099]Sections were concerned, there was presently being processed at the
[2100]Bureau superseded Sections dating back to 1960 to be made available
[2101]to the SSC, At this point Seidel stated he was not so much interested
[2102]in what the Manuals said but actually wanted Sentinella, to the best
[2103]of his recollection, to furnish names of individuals and organizations
[2104]under investigation in Atlanta during the pertinent period.
[2105]|Sentinella refused to name any, stating that he had no idea as to.
[2106]what might be under current investigation or how his furnishing of
[2107]information now might affect current Bureau's interests, Sentinella
[2108]also told Seidel that he, Sentinella, was not so naive as to
[2110]believe that his information might not appear in the press. Seidel
[2111]immediately said that he would furnish no information to the press.
[2112]Sentinella then said that he was not intimating that Seidel would be
[2113]responsible, but that the information might still be publicized and
[2114]that once Sentinella gave the information it fell completely out of
[2115]his control. Seidel indicated that Sentinella might be required
[2116]through subpoena to testify before the SSC and be asked the same
[2117]question, Sentinella respmdedl that his answer before the Committee
[2118]would be the same. Phillips indicated to Sentinella that if he
[2119]{desired to consult with Phillips concerning the names of any
[2120]investigations Sentinella recalled, Phillips would assist him by
[2121]indicating, if he knew, whether they were ef current FBI interest.
[2122]Sentinella desired no such help and insisted to Seidel that he did
[2123]not desire to name the subjects of prier investigations. This inter-
[2124]_lude in the formal interview lasted about 10 minutes after which
[2125]Phillips returned to the adjoining room.
[2129]NW 88296 Docid:32989512 Page #3
[2132]7 =
[2133]_* )
[2134]6 ’
[2136]Memorandum to Mr. W. R. Wannall
[2138]‘RE: SENSTUDY 75
[2140]62-116395
[2142]At 2:20 p.m. the interview ended and Phillips was
[2143]taken by Sentinella back into the latter's office where Seidel
[2144]said he was leaving and wanted to say good-bye. Phillips alluded
[2145]to the interview having been completed to which Seidel responded,
[2146]and these are to the best of Phillips' recollection, Seidel's
[2147]exact words, "Yes, you're not letting him give us the good
[2148]information." Immediately upon hearing this statement from
[2149]Seidel, Phillips interjected a strong protest by stating to Seidel
[2150]that neither Phillips nor the FBI was keeping Sentinella from giving
[2151]any information; that the FBI has not injected itself in Sentinella's
[2152]decision to give or not give information. Seidel responded with a
[2153]statement to the effect that the result is the same -- Sentinella
[2154]is not giving the good information. Phillips again responded by
[2155]telling Seidel that irrespective of the latter's opinion, Phillips
[2156]wanted the record crystal clear that Sentinella has not been
[2157]counseled by Phillips or anyone else in the FBI as to what he
[2158]should-‘or should not tell Seidel, Sentinella interrupted to
[2159]express his loyalty to the Bureau as well as his respect for
[2160]the confidentiality of his relationship with the Bureau and its
[2161]work, He told Seidel that he did not intend to be a talkative,
[2162]ciiscontented former. FBI employee 4s apparently ~: are some of
[2163]the sources being consulted by the SSC, Sentinella pointed out
[2164]that he himself had been the subject of disciplinary action by the
[2165]Bureau but that it had made him a better Agent and that it in no
[2166]way would influence his loyalty and responsibility to the Bureau.
[2167]Seidel then left.
[2169]After Seidel's departure, Sentinella stated it was his
[2170]personal desire to dictate a lengthy question and answer type
[2171]statement of the entire interview while it was fresh in his mind
[2172]as he had not taken any notes. He said he preferred to handle this
[2173]with his own secretary whom he trusts implicitly and has pledged
[2174]to maintain this information confidential. Sentinella advised that
[2175]he would have the typing of the statement completed the following
[2176]day and would immediately make a copy available to Atlanta SAC
[2177]DeBruler for transmittal to Bureau Headquarters, At Sentinella's
[2178]invitation, Phillips sat in on the dictation of practically the
[2179]entire statement as a means for Sentinella briefing Phillips on
[2180]the details of the interview. Instant memorandum is not intended
[2184]NW 88296 Docld:32989532 Page 24
[2187]- ,
[2189]“ s
[2191]J
[2193]Memorandum to Mr. W. R. Wannall ¢
[2194]RE: SENSTUDY 75
[2195]62-116395
[2197]to summarize these details which will be forthcoming with
[2198]Sentinella's statement to be mailed to the Bureau. However,
[2200]one Significant question asked of Sentinella should be noted,
[2201]During a discussion of electronic surveilhances in the King
[2202]investigation, Seidel asked how other Agents felt about "illegal
[2203]use of taps.'' Sentinella's response was that the taps were not
[2205]illegal and were put on only after approval by the Attorney
[2206]General.
[2208]OBSERVATIONS :
[2210]It is Phillips' view that Sentinélla represents a
[2211]high caliber former Agent who is completely loyal to the Bureau -
[2212]and will apparently go to any extreme to maintain the confidentiality
[2213]of the work he did. He certainly could be described as a reluctant
[2214]witness if he is ever called to testify. He expressed personal '
[2215]concern that he might be called but hoped that his uncooperativeness
[2216]in some areas to Seidel's questions might discourage his being called.
[2218]of objectivity on the part of Seidel. The first concerns his
[2219]comment to Phillips about the FBI not letting Sentihella give him
[2220]"good information." To begin with, this was an unjustified alléga-
[2221]taion= and Seidel was set straight immediately after his remark.
[2223]| Secondly, the mere fact that Seidel is referring to "good" infor-
[2225]{ _ Two incidents related above are very suggestive of a lack
[2227]mation suggests itself that certain information fits their desires
[2228]and others does not. There appears to be a lack of regard for
[2229]merely securing the facts, regardless of what those facts might
[2230]indicate. The second indicator of lack of objectivity was Seidel's
[2231]inquiry ‘about "illegal use of taps." This question fits the
[2232]classic question of, "When did you stop beating your wife?"
[2234]If the Committee is going to be asking questions like this one,
[2236]its objectivity is certainly subject to challenge.
[2238]As ex- or current employees volunteer to us results
[2239]of interviews conducted of them by the SSC, we will carefully
[2240]study them for, among other things, additional evidence of the
[2241]nature discussed above, If there is a continuation of this
[2242]line of questioning or other unjustified comments to Bureau
[2243]representatives, we will consider taking up with the Attorney
[2244]General the matter of possible protest to the SSC.
[2248]NW 88296 Docid:32989532 Page #5
[2249]i
[2252]Memorandum-to Mr, W. R. Wannail
[2253]RE: SENSTUDY 75
[2254]62-116395
[2256]RECOMMENDATION :
[2258]This memorandum is for the immediate information
[2259]of Bureau officials. When the detailed statement of Sentinella
[2260]is received, we will prepare an LHM for the Attorney General
[2261]with a copy for possible forwarding to Mr. James Wilderotter,
[2262]Associate Counsel to the President. This is the procedure we
[2263]have been following when former Agents have volunteered to us
[2264]the results of interviews of them by the SSC.
[2266]~for.
[2267]LG
[2270]fr Gye
[2272]NW 88796 Docld:32989532 Page 26
[2275]. r@pniowke Fu No. 40 "4 3010-106
[2276]3 AYER 962 Pat 4
[2277]GSA GEN, REG. NO. 27 i"
[2278]iP f
[2280]UNITED STATES GOVERNMENT Assoc. Dir. —__
[2281]Dep. AD-Adm.
[2282]| Memorandum Ge ve
[2283]Admin
[2284]Comp. Syst.
[2285]tro, Me. J. B. Adams pare: April 23, 1975 ee aos —
[2286], Gen, Inv ~*~
[2287]m3 Ident.
[2288]bron We Re Wannallgs) th pp spection,
[2289]: 7 gages ei is
[2290]oe a. iT TAS! SIFT aboratory
[2291]DATE ED Plon. & Eval. —
[2292]SUBJECT: ¢ ‘SENSTUDY 75 _ "Atha BSC Ayn fre Spec. nv. vact\
[2293]R-SUPERVISOR LISH WHITSON Leoal Cowl A
[2294]ASSIGNED INTELLIGENCE DIVISION Telephone Rmx
[2295]iN pat aaa oe
[2296]U By menorandum ‘captioned as above submitted earlier today, u
[2297]X I advised you of a telephone call received 4/22/75 from former Special
[2299]Agent Whitson. He had called to advise that he had been requested
[2300]_to appear for interview by Michael Epstein, staff member of the
[2301]Senate Select Committee,
[2303]At 2:50 p.m, today (4/23/75) Mr. Whitson called at my office
[2304]and said that he had just been interviewed by Mr. Epstein and was
[2305]desirous of reporting the results.
[2307]f
[2311]Epstein first asked Whitson when he entered the Bureau, when
[2312]he first arrived for assignment at Headquarters, to what Headquarters
[2313]Division he had been assigned, and when he retired. Epstein then said
[2314]that he knew that Whitson had at one time mailed a package to
[2315]Mrs. Martin Luther King from Tampa, Florida, and asked Whitson to
[2316]relate the details concerning this matter. Whitson thereupon told
[2317]— >, him that in the late Summer of 1964 former Assistant to the Director
[2319]y) William C, Sullivan had telephoned Whitson at his home one Saturday)
[2320]Y and told him that former Director Hoover wanted Whitson to deliver.
[2321]a package to Miami, Florida, by plane and on arrival at the Miami
[2322]Airport to telephone Sullivan for further instructions. Whitson did
[2323]as directed and upon calling Sullivan was instructed to address the
[2324]* package to Mr, Martin Luther King. Accordingly, Whitson had the
[2325]SNaes weighed, put stamps on it, and addressed it to Martin Luther
[2326]x ing (mot Mrs. Martin Luther King as Epstein had indicated). The
[2327]following day, Sunday, Whitson flew back to Washington, The next day, ~
[2328]“ Monday, he informed Sullivan that his instructions had been carried
[2330]\ Bharat
[2332]Siar
[2335]out and Sullivan commented "Someday I will tell you ia poe ¢.
[2336]"REC-100 2. MWh J “VHS
[2337]Epstein asked him who had paid Pies the stamps mati 73 |
[2339]package and Whitson said that he had probably done so utilizing per
[2340]Giem money. Epstein asked whether he had put a return address on the
[2341]package and Whitson replied in the negative, Epstein_asked if oan
[2342]had gone to the Miami Office, whether any Agent had me t him’ at
[2344]“a, o
[2346]WRWs tml (6)¢<* 46 MAY 27 1975
[2348]{ ~ Mr. Mintz
[2350]1 - Mr. Cregar CONTINUED. Over
[2351]1 Mr. Wannall ad
[2353]1
[2355]~ Personnel File of SA Lish Whitson (Out of service) Pa
[2357]8 4 MAY 2.7 1975 ey ie"
[2359]337989532 Page 2?
[2362]NW 85296 Docid:32989532 Page #3
[2364]Memorandum to Mr. Adams
[2366]Re: SENSTUDY 75
[2367]FORMER SUPERVISOR LISH WHITSON
[2368]ASSIGNED INTELLIGENCE DIVISION
[2370]Miami Airport, or whether Whitson had discussed this with anyone,
[2371]Whitson advised Epstein that he had not gone to the Miami Office, that
[2372]no Agent had met him, and that he had discussed the matter only with
[2373]Sullivan. At this point, Whitson asked Epstein how he got the story.
[2374]Epstein merely laughed and did not reply to the question.
[2376]The foregoing represents the information furnished to
[2377]Epstein by Whitson. Whitson made the following additional comments
[2378]and observations.
[2380]When Sullivan told Whitson he wanted him to fly the package
[2381]to Miami, he stated that only he, Sullivan, Mr. Hoover, Mr. Tolson,
[2382]and Mr. Belmont knew of this situation. Sullivan never did explain
[2383]to Whitson anything more regarding this incident. Sullivan did during
[2384]Whitson's anniversary celebration in 1968 in Sullivan's office refer
[2385]to Whitson as "a real pro who knows how to carry out an assignment,"
[2386]and further commented that someday he would tell Lish about the
[2387]assignment to which he had referred in his remarks.
[2389]Whitson said that whan he arrived at the North Terminal
[2390]of National Airport, following Sullivan's telephonic instructions,
[2391]& young man who was unknown to Whitson but who addressed him as
[2392]"Mc. Whitson" turned a package over to him which was wrapped in brown
[2393]paper and sedled with sealing tape. It is Whitson's recollection
[2394]the package measured approximately 8 inches by 8 inches by 1 inch.
[2396]It is Whitson's recollection that at the time the foregoing
[2397]occurred, Martin Luther King was either just about to go abroad to
[2398]receive the Nobel Peace Prize or probably had already gone abroad.
[2400]It was Whitson's further recollection that sometime shortly after
[2402]the mailing of the package Sullivan commented to Whitson that the
[2403]package had not yet been received by Martin Luther King. Because of
[2404]this remark, Whitson is of the belief that the package was mailed
[2406]to Martin Luther King at the headquarters of the Southern Christian
[2407]Leadership Conference and not to Mr. King at the latter's home.
[2408]Further, it was Whitson's recollection that it was not long after he
[2409]had mailed the package that Martin Luther King had a personal meeting
[2410]with former Director Hoover in Mr. Hoover's office,
[2412]Whitson stated that during the interview Epstein asked
[2413]Whitson if he had ever written a memorandum regarding this matter, to
[2414]which Whitson replied in the negative, He was also asked by Epstein
[2415]if he had ever seen 2 memorandum on this and Whitson again replied
[2416]in the negative. Whitson observed that in his opinion the information
[2417]which was in the possession of Epstein prior to his interview with
[2419]- 2 CONTINUED - OVER
[2422]Memorandum to Mr. Adams
[2424]Re: SENSTUDY 75
[2425]FORMER SUPERVISOR LISH WHITSON
[2426]ASSIGNED INTELLIGENCE DIVISION
[2428]Whitson must have originated with W. C. Sullivan. Whitson noted
[2430]that Mr. Hoover and Mr. Tolson are both deceased and that he has heard
[2431]nothing indicating Mr. Belmont has been contacted by members of the
[2432]staff of the Senate Select Committee. One other factor that causes
[2433]him to feel that Sullivan was the source of the information was a
[2434]question Epstein raised as to whether Whitson had put a return address
[2435]on the package when he addressed it to Martin Luther King. Whitson
[2436]said he recalls that when he was in Miami and received the telephonic
[2437]instructions from Sullivan, Sullivan told him that he should put a
[2438]return address on the package and Whitson pointed out that if he did
[2439]so and the name of the addressee became smeared the package would end
[2440]up at someone's return address rather than in the dead letter office.
[2441]Sullivan concurred that no return address should be used. Thus,
[2442]Sullivan would probably have reason to have commented regarding the
[2443]use or nonuse of a return address.
[2445]Whitson stated that in the event he is called again to be
[2446]interviewed by anyone connected with the Senate Select Committee, he
[2447]intended to notify the Bureau beforehand and would appreciate it if
[2448]the Bureau would consider having someone present during the interview,
[2449]if this could be arranged, since he recognizes an obligation not to
[2450]reveal FBI information contrary to regulations issued by the Attorney
[2451]General. Appreciation was expressed to Mr. Whitson for his volun-
[2452]teering the foregoing information.
[2454]This is the first instance which has come to our attention
[2455]indicating staff members of the Senate Select Committee are proceeding
[2456]with interviews of former Agents. I have discussed this matter with
[2457]Mr. Mintz and he and I feel it would be appropriate to furnish an
[2458]abstract of the interview of Whitson by Epstein to the Ad Hoc
[2459]Coordinating Group of the Intelligence Community in order that
[2460]interested agencies will be aware of the procedures presently being
[2461]followed by the Select Committee and of the Committee's interest in
[2462]matters other than jurisdictional bases, All Committee requests to
[2463]us have thus far been confined to the latter.
[2465]ACTION:
[2467]If approved, an abstract will be provided for the records
[2468]of the Ad Hoc Coordinating Group.
[2471]0749 gat the abstract be
[2472]paris hrased to avoid digelasare
[2473]of ike identity of the adare0
[2475]a+ the eawelipy, vik
[2477]eee,
[2478]wy: “en it
[2480]NW 88296 Docid:32989512 Page #3
[2485]@ vA
[2487]1 - Mr. J. B. Adams
[2488]CORR TELETYPE URGENT
[2489]2-—- Mr. E. W. Walsh
[2490](1 - Movement)
[2491]TO SAC NEWARK May 16, 1975
[2492]. 2-Mr. J. A. Mintz
[2493]FROM pipactor FRI (62-116395) (l -Mr. 3. B. Hotis)
[2494]as Sauarovy 75 , P 1 -—- Mr. We. R. Wannall
[2495]a — Let FB 1 - Mr. W. O Cregar
[2497]Training
[2498]Legal Coun.
[2500]Telephone Rm. —
[2502]REBUTSL MAY 2, 1975.
[2503]1 - Mr. S. F. Phillips
[2504]SUCRETAREES MARY AMM MASS: AMD BM. ABE MIERZETEWSKI OF YOUR
[2507]xe en
[2508]&a OFFICE HAVE BERN REQUESTED TO APPEAR FOR INFERVIEWS UNDER OATH
[2510]fi 8s #Y Tid GRNATE SELECT COMMITTES (SSC) AT 2 P.M., TUMSDAY, MAY 20,
[2512]£28 SEPRAT 20, 1975. YOU ARE TO ADVISE BOTH I AM WAIVING THEIR
[2513]es)
[2514]S25] SMPLOYMENT aAGRESMEHTS ORLY TO THE EXTENT OF PERMITTING THEIR
[2515]Be ts gf
[2516]ES DISCLOSURE OF INVORMATION RELAYING TO DUTIES PERFORMED BY THEM
[2517]BEEN
[2518]oBE JULY ~ SEPTEMBER, 1964, IM COMMECTION WITH FBI WORK AT DEMO-
[2519]a on a
[2520]CRATIC BATIONAL COMVENTION, ATLANTIC CITY, EW JERSEY. Vv
[2521]| res EMPLOYESS ARE TO REPORT TO J. 8. HOTIS OR P. V. DALY OF
[2522]Ayoe *
[2523]vw LOGAL COUNSEL'S OFFICE, ROOM 4513, JUSTICE BUILDING, BETWEEN
[2524]11 A.M. AMD WOON MAY 20, FOR CONSULTATION PRIOR TO 2 P.M.
[2525]APPEARANCES. THSY MAY PLAW TO RETURN TO WEWABK SAME DAY. FBI
[2526]REPRESEWEATIVE WIL, BE AVATIALE POR CONSULTATION DUR:
[2527]£ (a hn
[2528]A VXEWS BUT WILL ROT BE PRESENT DURING INTE ——
[2529]g i
[2530]Assoe. Dis 1 - 67-538691 (Personnel file Mary Ann Massa) 16 MAY 23 1918 I My
[2531]Dep. AD Adm, = Lt = 67— 581180 (Personnel file M. Ann Mierzejewski) .
[2532]Dep. AD Inv. __ —_ a
[2533]mon” SRP:pvB: eek
[2534]Come Sy fy (12), | SEE NOTE PAGE 2
[2535]cote Epes cmon // :
[2536]a mm Woes ALL ee
[2537]ce MAYA. 6 1975 Sa Wy fr
[2538]Laboratory . :
[2539]free ons TEL 4 “bE pur
[2541]v3 sis HEROOM [_—] TELETYPE UNIT
[2543]Bocia! 32969532 Page 30
[2548]PAGE TWO 62~116395
[2550]ISSUE GIR'S FOR TRANSPORTATION AND TRAVEL VOUCHERS FOR
[2551]EXPENSES.
[2553]DIRECT ANY QUESTIONS REGARDING THIS MATTER TO LEGAL
[2554]COUNSEL?S OFFICE.
[2556]NOTE:
[2558]Referenced teletype advised all offices of protedures :
[2559]*o £olloew if present or former employees contacted by SSC for
[2560]interview. These two secretaries were on a Special Squad at
[2561]Atlantic City, New Jersey, in connection with the Convention in
[2562]1964, The SSC Staff known to have already interviewed two former ‘
[2563]Agents assigned to that squad. Inetructions herein pursuant to
[2564]Mr. Mintz's direction. F. A. 6. Schwartz, Chief Counsel to the
[2565]Senate Select Committee advised that the Committee would reimburse
[2566]the employees! expenses incurred for transportation, etc.,
[2567]relating to their testimony for the Commission. This matter has
[2568]been coordinated with L. Clyde Groover, of the Administrative
[2569]Division.
[2571]Ko
[2574]OPTIONAL FORM NO. 10 5010-105 a
[2575]MAY 1962 EDITION
[2576]GSA GEN, REG, NO. 27
[2577]° Assoc. Dir.
[2579]UNITED STATES GOVERNMENT seer Di ——
[2581]Dep. AD inv. __
[2582]Memorandum cre
[2584], Comp. Syst. ——
[2586]Ext. Affairs —_
[2588]‘i * Mr. J, B, Adams pare: 5/9/75 Files & Com: —
[2589]Gen, Inv.
[2591]Legal Counsel
[2594]Legal =e,
[2596]Telaphogg R
[2598]Director eee
[2600]SENSTUDY 75
[2602]At approximately 2:35 PM, Mr. Allen G.. Sentinella.
[2603]telephonically advised that he retired from the Atlanta Office in
[2604]1971, and is currently employed at Georgia State University,
[2605]Atlanta, Georgia. Sentinella said he had just been contacted by
[2606]an individual who identified himself as Lester Seidel of the Senate
[2607]Select Committee. Seidel desires to interview Sentinella on Monday,
[2608]May lath, concerning the Martin Luther King and Levinson cases.
[2610]Sentinella stated that while assigned to the Atlanta Office 1p, ;
[2611]he handled the dissemination of information received from informants a
[2612]during our investigation concerning the communist infiltration of the
[2613]SCLC. Sentinella said he recalled very little concerning this
[2614]investigation and gave his assurances that he would not divulge any
[2615]confidential information.
[2617]Sentinella asked whether or not he should retain private
[2618]counsel and he was informed if he felt it necessary, he should do so.
[2619]He was further informed that his interview was entirely voluntarily
[2620]and he had no obligation to submit to interview. Mr. Sentinella gave
[2621]his office telephone number as Area Code 404-658-2167, 2168 or 2170
[2623]and “his home phone number as Area Code 404 ees
[2624]1 gottne
[2626]e a
[2628]ALL, INFORMATION CONTAL HED OR
[2629]BY
[2631]HEREIN 15 UNCLASSIFIED
[2632]“0 “
[2634]DATE [-
[2636]RECOMMENDATION: For information.16 MAY 27 1975
[2638]1- Mr. Adams ve y f
[2639]1 - Mr. Wannall av 6
[2641]a a ¢
[2642]1- Mr, Creagar be 4 on A
[2643]1 - Mr. Mintz ay Wee . ait"
[2644]1 - Mr. Hotis - v. i aa -
[2645]pg Os fe Ye oe FOr
[2646]' ~ tv - . ge fok y
[2648]RFO: ptm ee re mend
[2649]ype gut yw 5 eo
[2651]Fa ed LL wn
[2653]aye 2 She nied a te
[2654]se Cet ee ET a
[2655]‘ pene Ao es ee oe
[2656]‘ yaa . ws de? ce
[2657]' =
[2659]BAMA Dg
[2660]4a096 Docid: haar ‘Page 82. yee Ee
[2663]SUBJECT;
[2666]A
[2667]7)
[2670]ont reat. fo
[2671]MAY 1962 EDITION
[2673]g 4 MAY 27 9
[2674]NW 88296 Docld:32989532 Page 33
[2678]5010-106
[2680]“—
[2682]GSA GEN, REG, NO. 27
[2684]a
[2686]i
[2688]UNITED STATES GOVERNMENT ‘= Mr. J. B. Adams Assoc. Dis,
[2689], ~ De Dama
[2690]M d 1+ Mr. T. J. Jenkins oe. Big
[2691]EMOoraAnaUuUm 1 - Each Assistant Director Assi Bi if
[2692]. Comp. 1
[2693]Ext. Affairs
[2694]Mr. W. R. Wannall DATE: 5/19/75 Files & Com. —
[2695]Gen. Inv.
[2696]lent.
[2697]\v 1 - Mr. W. 0. Cregar ction
[2698]W. O. Rane seu Pe
[2699]renee te A ey —
[2700]a ALL INFORMATION CONTAINED * Spec. Inv.
[2702]SENSTUDY - 75
[2704]Training
[2706]Legal Coun.
[2708]HEREIN IS oe Rea AMIE _ 7
[2709]OAT (e} By. 6 Pg ALM DIE g
[2711]Attached is a copy of a letter to the Attorney General
[2712]dated 5/14/75, from Senator Frank Church, Chairman, U. S. Senate
[2713]Select Committee (SSC) with appendices A thru D.
[2715]Telephone Rm. —
[2716]Director Sec’y _.
[2718]Appendix A, entitled\V"Docume
[2720]Committee's Prior Requests," c fasists of 10 requests most of
[2721]which have been already respondéd to or, in the instances of
[2722]requests numbers 4, 7, 8 and 9, are the responsibility of the
[2723]Department of Justice. Item 6 has been previously referred
[2724]to the White House. Appendices B, C, and D, contain numerous
[2725]"hew" requests.which are extremely broad in their definition,
[2726]often ambiguous in meaning and contain many instances where
[2727]they seem to be parallel to and overlap previous requests.
[2729]On 5/16/75, a conference was held in the Intelligence
[2730]Division between representatives of the INTD SENSTUDY Staff and
[2731]Departmental representatives Messrs. Robert McDermott and
[2732]K. William O'Connor. Mr. McDermott is on the staff of the \
[2733]Deputy Attorney General and has been active in coordinating -
[2734]SSC matters. He is being replaced in this capacity on 5/19/75"
[2735]by Mr. O'Connor, Deputy Assistant Attorney General in the Civil
[2736]Rights Division. Mr. O'Connor advised that the Deputy Attorney
[2737]General, Judge Tyler and White House representative James
[2738]Wilderotter were both greatly concerned about the requests
[2739]jcontained in the May, 14, letter. THEQqgg felt (pat SOO afesta| ib
[2740]were much too broad and placed much too~grea ein 6S) nt she.
[2741]Department and the FBI to be forthcoming. Mr. O'Connor@fér se
[2742]that the requests clearly indicated an intention oft ae ae 18 :
[2743]gain access to FBI "raw files" while not actually g Hate .
[2744]this point. In this regard you will note that Page 3 of ones "7
[2745]May, .14, letter defines the SSC request for "memoranda
[2746]and other materials" as meaning ‘all documents relating to the
[2747]subject nriatter requested and are to include (but are not limited
[2749]62-116395 "ere
[2750]EWL: eme 3. * we he
[2752](17) 10) y. CONTINUED - OVER
[2755]LS
[2758]NW 88296 Docid:32989532 Page 14
[2760]Memorandum to Mr. W. R. Wannall
[2761]Re: SENSTUDY.- 75 ,
[2762]62-116395
[2764]to) reports, letters, correspondence, airtels, LHMs, inserts,
[2765]executive conference memoranda, 302s, Assistant Director memos,
[2766]notes, routing slips, etc." This letter, also on Page 3,
[2767]recognizes that the request is substantial but urges the
[2768]executive agencies to apply sufficient manpower and attention
[2769]to enable prompt responses. Prompt response is defined by the
[2770]Committee as having most of the material available within 10
[2771]days and all of it shortly thereafter. Mr. O'Connor advised
[2772]hat he was aware that the imposition of such a condition upon
[2773]he responses created an impossible task. He advised that on
[2774]onday, 5/19/75, he would contact SSC Chief Counsel F. A. O.
[2775]Schwarz calling attention to this time factor and also the often
[2776]broad and ambiguous manner of many of the requests appended
[2777]to the May, 14, letter. Mr. O'Connor hopes to negotiate these
[2778]requests as well as the conditions attached to the responses
[2779]by the SSC to the end that the requests are more narrowly
[2780]defined and that the deadline imposed by the Committee be
[2781]relaxed to a more realistic time frame.
[2783]Pending receipt of results of Mr. O'Connor's inter-
[2784]cession with SSC we are proceeding with an analysis of the SSC's
[2785]requests and attempting to separate components for specific
[2786]assignments to appropriate divisions within FBIHQ so that our
[2787]responses may be forthcoming in as coordinated and timely
[2788]a fashion as possible.
[2790]ACTION:
[2792]None. For information purposes.
[2794]af oo P&E
[2799]Ve SSS a
[2800]© JOHN G. TOWER, TEXAS, VICE CHAIRMAN.
[2801]PHILIP A. HANT, MICH. HOWARD H, BAKER, JA, TENN,
[2803]WALTER it MONDALE, MINN, BARRY GOLOWATER, Aga. 7 : *
[2804]WALTER, o: HUSDEE STON, RY. CHARLES MCC, MAT: Reg MO.
[2805]FRDERTMOREAN, Macy RICHARD §, SCHWEIK . “3 ° ™
[2806]GARY HART, COLO. 5 , plik £ ra] Diet S wD pas {
[2807]; WILLIAM G, MILLER, STAFF DIRECTOR . tLe es enarce av
[2808]uv PREDERICK A. O. SCHWARZ, JR., CHIEF COUNSEL,
[2809]CURTIS R.'SMOTHERS, MINGRITY COUNSEL SELECT COMMITTEE TO
[2811]. » STUDY GOVERNMENTAL OPERATIONS WITH
[2812]1 RESPECT TO INTELLIGENCE ACTIVITIES
[2814](puRsuANT ‘To S. RES. 21, HTH CONGRESS) *
[2815]WASHINGTON, D.C. 20510
[2817]May Us, 1975 . 6
[2819]"The Honorable Edward H. Levi
[2820]The Attorney General
[2821]Washington, D. C. 20530
[2823]Dear Mr. Attorney General:
[2825]The purpose of this letter is to review.with you the status
[2826]of the Select Committee's outstanding requests to your Department
[2827]and.to set out several new areas in which the Committee is request-
[2828]ing either staff access to documents or copies of documents for its
[2829]own files.
[2831]In the matter of the outstanding requests the chronology is as
[2834]"You will recall that I wrote to you on March 19, setting
[2835]out five areas pertaining to the FBI in which the Committee
[2836]_ was initially interested. Although we have had partial
[2837]- compliance with the request, that process is not yet complete.. '
[2839]. , In addition, on April 21, Mr. Schwarz, Chief Counsel of
[2841]” _ the Committee, met with the Deputy Attorney General about the
[2843]0 March 19 letter and about the establishment of liaison between
[2844]. -  - your Department and the Committee.
[2846]On April 23! Mr. Schwarz wrote to the Deputy Attorney
[2847]General a letter reflecting that meeting, clarifying the
[2848]March 19 request on the matter of intelligence tecimiques, and
[2849]making a further request pertaining to the interned Security
[2850]e Division. oa
[2853]Mr. Schwarz also wrote the Deputy Attorney General and
[2854]. © the FBI Director a memorandum on April 30 requesting that
[2855]Committee staff members be permitted access to certain documents
[2856]falling within the. scope of the March 19 request.
[2858]_ On April 28, I wrote to you concerning the so-called
[2859]"Official and Confidential" files of the FBI.
[2861]. -ppyenss
[2863]ba b79s= MP ae
[2865]NW 88296 Docld: 32969532 Page 35 \
[2868]@ | .  @
[2871]The Committee has not yet received a formal response to those
[2872]letters. Appendix A sets out those documents which have not yet
[2873]been supplied to the Committee pursuant to the March 19 Letter
[2874]and follow-up, correspondence. :
[2876]On ‘the second matter, that is, the request for copies of addi-
[2877]tional documents (and for staff access to others), the Committee's
[2878]interest falls into roughly three areas pertaining to the activities
[2879]of the FBI and the Department of Justice: ;
[2881]First, the Committee has been made aware of additional
[2882]documents that are analogous to the background requests made
[2883]in the First Document Request. These documents are set out
[2884]as Appendix B. so
[2886]Second, the Committee is concerned about several programs
[2887]’. or studies pertaining to specific intelligence or counter-
[2889]intelligence activities of the FBI. §. Res. 21 specifically
[2890]requires the Committee to investigate "che conduct of domestic
[2891]counterintelligence operations against United States citizens"
[2892]_by the FBI. Therefore, the Committee must conduct an exhaustive
[2893]investigation of the so-called "COINTELPRO" programs as well
[2895]as miscellaneous other incidents which have come to our attention.
[2896]S.. Res. 2l1.also specifically requires the Committee to investi-
[2897]gate all aspects of the so-called "Huston Plan". Further
[2898]requests pertaining to these matters are set out, as Appendix C.
[2900]Third, we are ‘interested in allegations pertaining to
[2901]electronic surveillance generally, “electronic surveillance of
[2902]the so-called "17 government officials and journalists" in
[2903]1969-71 by the FBI, electronic ‘surveillance and other intelli-
[2905]_ gence activities directed at Dr. Martin Luther King, Jr., and
[2906]electronic surveillance and other intelligence activities at
[2907]the Democratic National Convention in Atlantic City, New Jersey,
[2909]*  -in the summer of 1964. Requests pertaining to these subjects
[2910]are set out as Appendix D. . e
[2911]‘ In setting out certain specific décuments in the Appendices,
[2912]the Committee does not change its position that the original request
[2913]of March 19 was general in scope and designed to encourage the
[2914]Justice Department and the FBI to provide us with documents pertain-
[2915]ing’to the legal authority and the policy and procedures of the FBI
[2916]which have not yet been brought to the attention of the Committee
[2917]and were therefore not specifically mentioned in any of its requests.
[2918]Furthermore, the Committee intends its requests to be generously
[2919]construed so that descriptive words used herein are meant in’a general
[2923]NW 88296 Docld:32989532 Page 36 |
[2926]i y * . .
[2927]wo ot ° wt f
[2930]usage sense ‘and not necessarily in the techn
[2931]Justice Department or ‘the FBI. Thus, word
[2932]othér materials" refer to all documents re _
[2933]matter requested and are to include (but aire neu Lose 8, .
[2934]letters, correspondence, airtels, LHMs, inserts, executive coin ctunee
[2935]memoranda, 302s, “Assistant Director memos", notes, routing slips,
[2937]etc. .
[2939]s
[2940]12
[2941]3
[2943]he
[2945]Where: the response to a particular request would involve the
[2946]production of derogatory personal information about an individual, i:
[2947]please provide the document with such information deleted and consult: :
[2948]the Chief Counsel regarding procedures for access to the deleted
[2949]information which will protect individual privacy to the degree
[2950]consistent with the Committee's need to exercise its mandate.
[2952]We recognize, of course, that this is a substantial request. °
[2954]But the mandate given to the Committee by the Senate is itself very '
[2955]‘broad. We are seeking to perform our duties under that mandate '
[2956]expeditiously. For us to do so, it.is necessary for the Executive |
[2957]Agencies to apply sufficient:manpower and attention ‘to our requests
[2959]. to enable prompt responses, We hope that you will have a schedule
[2961]” for response promptly, have most of the material available within
[2962]‘10 days, and all of it shortly thereafter.
[2964]“The Committee also asks to be advised at once whether the
[2965]‘specific documents presently outstanding from the March 19 request
[2966](see Appendix A, items 1, 2, 6 and 7) will be provided.
[2968] . . Frank Church ”
[2969]wt . Chairman
[2971]ated .
[2974]Appendix &
[2976]DOCUMENTS PERTAINING TO THE COMMITTEE'S PRIOR REQUESTS
[2978]_ agrnpRib
[2979]Eee
[2980]Benue
[2982]Please provide: . a
[2983]1. PBI Intelligence. Division memorandum dated July 31,
[2984]. 1972; prepared by ©. J. Smith discussing the legal
[2985]aa - authority for FBI intelligence activities.
[2987]2. The following attachments to the February 1975 FBI
[2988]Intelligence Division position paper on legal authority:
[2990]a. Memorandum by former FBI Director Hoover, dated.
[2992]. sv April 28, 1965, relative to conversation with the
[2993]President concerning effect of anti-Vietnam ©
[2994]demonstrations upon the conduct of United States
[2996]. foreign and defense policy and letter to McGeorge
[2998]* ve Bundy, Special Assistant to the President for
[3000]‘ ; National Security Affairs, dated April 28, 1965,
[3001]- enclosing FBI. memorandum titled "Communist Activi-~-
[3002]‘1. '. ties Relative to United States Policy of Vietnam"
[3004]- + @ated April 28, 1965.
[3006]b. Letter to McGeorge Bundy, Special Assistant to.
[3007]the President for National Security Affairs, dated
[3008]wor ant wt ve SULY25,:1961, enclosing memorandum concerning’ |
[3009]‘United States internal security programs under the
[3010]control of the Interdepartmental Intelligence Com-
[3011]mittee, memorandum prepared in response to White
[3012]House request. . oo. .
[3014]Stree eet ce.’ -Excerpt from report. on the Status of the Internal
[3015]. . Security Program of the United States as of June
[3016]30, 1958, dated August 27, 1958, prepared jointly
[3017]_by the Interdepartmental Intelligence Committee
[3018]and the interdepartmental. Committee on Internal
[3019]Security. :
[3023]a. Excerpt from report on the Internal Security Pro-
[3024]" . gram, dated March 5, 1954, prepared by Interde~
[3026]partmental. Intelligence Conference and the Inter-
[3028]-. departmental Committee on Internal Security.
[3032]ee G2 Ab 3B Wd
[3034]_ NW 88296 Docid:32989532 Page 38,
[3037]- : . ~
[3038]‘ t ” . a
[3039]. . at .
[3041]@.. Memorandum from J. Patrick Coyne, National Secu-
[3042]rity Council Representative on Internal Security,
[3043]dated November 6, 1950, concerning necessary intel-
[3044]ligence measures relative Go violence by Puerto
[3045]Rican nationalists.
[3047]3. All other FBI documents relating to paragraph I of the
[3048]Committee's March 19 request. (Note: It is the
[3049]responsibility of the Bureau to produce all responsive
[3050]material whether or not the Committee has identified a
[3051]specific document.) .
[3053]~ 4. All documents in the possession of the Justice Depart-
[3054]ment (as opposed to the FBI) relating to paragraph I
[3055]:of the Committee's March 19 request. (Note: It was
[3056]made clear on April 21 and 23 that the request applied
[3057]to the Department itself, but no material has been re-
[3058]ceived to date.)
[3060]ry
[3062]5,°-All memoranda of the FBI and the Justice Department
[3063]a discussing the legal authority of the FBI to use the
[3064]following techniques to (1) investigate internal secu-
[3065]‘rity matters, (2) collect intelligence information,
[3066]and (3) engage in counterintelligence activities (see
[3067]letter from the Chief Counsel to the Depuby Attorney
[3068]General dated April 23, 1975):
[3070]a. All forms of electronic surveillance, including.
[3071]consensual electronic surveillance ; o
[3073]b. All forms of mail surveillance, ineluding mail
[3074]covers and opening mail;
[3076]. Cc. .Surreptitious entry3.
[3078]d. ‘All forms of physical surveillance, including agent
[3080], infiltration, observation, photography, and remote
[3081]viewing and sensing devices;
[3083]; e. Informants, including possible entrapment, provo-
[3084]; . eation, interference with lawyer-client relation-
[3085], ship, or other problems; .
[3087]f.. Obtaining bank, eredit, or other personal informa~
[3088]. , tion; - mo
[3090]Dann
[3094]_ NW 88296 Docld:32989532 Page 39. , . : .
[3097]| NW 88296 Docld:32989532 Page 40... ee ee,
[3099]g.- Incommunicado interrogation;
[3101]he Maintenance of files and records;
[3103]i. Dissemination of information from files and récords;
[3105]j. So-called "COINTELPRO" techniques and methods, in-
[3107]cluding all forms of organizational teisruptien,
[3109]The Special Report of the Interagency Committee on
[3110]Intelligence (Ad Hoc), dated June 1970.
[3112]The original report on COINTELPRO activities prepared
[3113]by the Committee headed by Assistant Attorney General
[3114]Henry Petersen. .
[3116]Committee staff access to all memoranda and other mate~
[3117]rials pertaining to the policies and procedures of the
[3118]Internal Security Division (now Internal Security Sec-
[3120]' tion) and the Intelligence Evaluation Committee, includ-
[3122]ing, but not limited to, the following materials dis-
[3124]‘cussed in the letter from the Chief Counsel to the
[3126]Deputy Attorney General dated April 23, 1975:
[3127]i.
[3129]a. "The files of the Intelligence Evaluation Com-
[3131]mittee ('IEC':), including former Assistant Attorney
[3132]General Mardian's IEC files, which we understand
[3133]were made available to the Senate Subcommittee on
[3134]Constitutional Rights. We would also like to see
[3136]any IEC or ICIS files of Justice (now Judge) Morrell
[3138]Sharpe, Deputy Assistant Attorney General John
[3139]Doherty, Mr. Bernard Wells, and Assistant Attorney —
[3140]. General William Olson. |
[3142]db. "fhe small box of classified document receipts
[3143]which we understand is in the IEC file cabinet.
[3145]e. "Any intelligence estimates prepared by the IEC,
[3146]particularly E 28.
[3148]a. "Any requests for Interdivision information Unit
[3149]('IDIU') computer printouts made.by the Special
[3150]Litigation Section, the TEC, or the Analysis and
[3151]Evaluation Section.
[3154]e
[3157]x . ‘ . ~ 4. a.
[3158], @ . { a ®
[3159]ae . ' wats tated see hE . tonal ny HAM ry aye at ots
[3160]e. "An organization ‘chart of the Internal “Security
[3161]Divis.on before its 1970 reorganization, after
[3162]ee, its 1970 reorganization, and after its 1973 merger ,
[3163]. with the Criminal Division. ‘ ,
[3165]ff. 7A copy of the analysis of grand juries convened.
[3166]and prosecutions commenced by the Special Litiga-
[3167]tion Section which we understand was furnished to
[3169]. the Senate Subcommittee on Conslivvtion.. Aisin
[3170]on May 8, 1974." ; ; ,
[3172]9. Response to the letter from the Chairman to the
[3173]Attorney. General dated April 28, 1975, regarding the
[3174]-So-called “Official and Confidential" files. ‘:
[3176]10. Further response to the memorandum from the Chief
[3177]Counsel to the Deputy Attorney General and the FBI
[3179]. Director dated April 30, 1975, regarding Committee
[3181]staff access to materials on FBI policies: and proce- .
[3183]‘dures. . .
[3185]v
[3187]NW.88296_Dotld:32989532 Page 41. - | s
[3190]‘ . . 7
[3191]H . _—
[3192]_ : : -@ @ -
[3194]Appendix B
[3196]FURTHER DOCUMENTS PERTAINING TO THE FBI
[3197]AND DEPARTMENT OF JUSTICE - ote \h
[3199]I. Policies and Procedures:
[3200]Please provide:
[3202]‘1. Committee staff access to all indices and control °-
[3203]. files pertaining to:
[3205]a. All SAC memoranda and SAC letters for 1960 to the
[3206]present. .
[3208]b. All programs operated by the Intelligence Division
[3209]oP 1960 to the present.
[3211]2. Committee staff ‘Access to all so-called "0" files or
[3212]-other general policy files with respect to each file
[3213]ts soree ve C@lassification routinely used by the Intelligence Divi-
[3214]sion for the period 1960 to the present.
[3216]3. ‘All general policy memoranda and other materials not
[3217]already provided the Committee pertaining to internal
[3218]security, intelligence collection, and/or counter-
[3219]intelligence matters, operations, and activities for.
[3220]the period 1960 to the present.
[3222]'-H, For each of the techniques described if Item 5 of
[3223]Appendix A above, all memoranda and other materials
[3224]relating to:
[3226]a. The original decision to utilize the technique in
[3227]« . internal security, intelligence. collection, and/or
[3228]counterintelligence matters, operations, or
[3229]activities.
[3231]rarest Ds~ The policies and procedures of the FBI for the -- Loe tee
[3232]utilization of the technique in internal security,
[3234]intelligence collection, and/or counterintelligence
[3235]matters, operations, or activities.
[3237]. . . on
[3238]a . an iBT,
[3239]: Bear
[3240]2 Mey o
[3242]ba (e377 \tb
[3244]NW 88296 Docid:32989532 Page 42_
[3246]5. Committee staff access to annual inspection reports ’
[3247]and related surveys for the past ten years with |
[3248]respect to the following FBI field offices: New: York
[3249]City; Chicago; San Francisco; Los Angeles; San Diego; , oo?
[3250]Sacramento; Springfield, Illinois; Buffalo} Atlanta 5 : .
[3251]and Columbia, south Carolina.
[3253]6. The annual inspection reports and related surveys for
[3254]the past ten years ‘Pertaining to the FBI intelligence
[3255]Division.
[3257]7. Guidelines used by the FBI Inspection Division for
[3258]inspecting field offices and: for inspecting divisions Y
[3259]of the FBI. . ; '
[3261]8. <A sample of the confidentiality statement which FBI
[3262]personnel are required to sign along with any other
[3263]employment agreements currently in use.
[3265], :
[3267]Ir. Organization, Structure, and Jurisdiction
[3268]. Please provide:
[3270]9. All memoranda and other materials pertaining to the
[3271]origins, contents, and implementation of National Secu-
[3272]rity Action Memorandum 161, June 9, 1962.
[3274]Q * 10. The June 1964 memorandum from Attorney General Robert -
[3275]Kennedy to President Johnson recommending new FBI pro- *
[3276]cedures for gathering intelligence about the Ku Klux a mn
[3277]Klan and related activities.’ , Qo
[3279]4 + . .
[3280]“il. All memoranda and other materials pertaining to the. :
[3281]origins, contents, and implementation of the memorandum |
[3283]odescribed in Item 10 above. . 0
[3285]12. All memoranda prepared by former Special Agent James ; 7
[3286]‘Gale relating to the FBI internal assignment of-juris-
[3287]7 + + s @ietion or responsibility with respect to matters
[3288]involving the Ku Klux Klan in 1964.
[3290]13. All memoranda and other materials reflecting meetings
[3291]and contacts between the President and the Director of' a
[3292]‘the FBI during 1971 on the subject of "legal attaches". "
[3294]|_ NW 88296. Docid:32989532 Page 43 . My
[3297]14,.
[3299]15.
[3301]4
[3303]@ R “et @
[3304]. ~ -
[3306]“ALL memoranda and other materials reflecting meetings
[3308]and contacts during 1971 between officials of the FBI
[3309]and .officials. of the Department of State on the subject
[3310]of "legal attaches”.
[3312]All memoranda and other materials relating tO, the
[3314]. @limination of the FBI Crime Recorés Divicwwn in ann:
[3316]1972 or early 1973.
[3318]IIL. “Indices
[3320]Please provide: ue , -.
[3322]16.
[3324]17.
[3326]Committee staff access to the following indices for the:
[3327]period 1960 to the present:
[3329]a. "Agitator" andex;
[3331]b. "Rabble. Rouser" index;
[3333]eo. "Key Activist" list;
[3335]d. List’ of "Action Groups";
[3336]e. "Security" index; '
[3337]f. “Administrative” index;
[3339]&- ALL similar indices, lists, or computer printouts.
[3341]/ALL memoranda and other materials pertaining to the
[3342]‘origin, implementation, operation, or termination of
[3343]any of the indices set out in Item 16 above. needs
[3346]DOCUMENTS : PERTAINING TO THE "HUSTON PLAN", COINTELPRO,
[3348]i. ‘Huston Plan and Related Developments
[3351]. . a }.
[3353]Appendix © : “ oe ; 7
[3355]’ . . ,
[3356]. . k
[3358]AND OTHER PRACTICES AND PROGRAMS: avohe .
[3360]. econ
[3361]: er dy
[3363]me
[3366]| eg BTCED,
[3369]Please provide: er m4!
[3371]1.
[3373]‘taken to provide maximum coverage.
[3375]. implementation of that Plan.
[3377]NW 88296 Docli:32989532 Page 45 ,
[3379]All memoranda and other materials pertaining to I,
[3380]the FBI's termination in 1966 of the investigative "
[3381]techniques referred to in President Nixon's state- |
[3382]ment of May 22, 1973 (Presidential Docs. 693-94).
[3384]A letter. dated June 20, 1969, from Tom Charles "4
[3385]Huston, staff assistant to the Presiderit, to the ‘
[3387]‘ Director of the FBI concerning resources being
[3389]targeted toward the monitoring of foreign communist ~
[3391]“support of revolutionary youth activities in the . i,
[3393]United States, effectiveness of such resources,
[3394]gaps in intelligence, and steps which should be -
[3396]The response by the FBI to the letter set out in ; i
[3397]Item 2 and all other FBI memoranda and other mate-
[3398]rials pertaining to the correspondence.
[3400]The interdepartmental Action Plan for Civil Dis-
[3401]turbances, dated April 1, 1969, arid all memoranda -
[3402]and other materials pertaining to the origins and
[3404]All memoranda and other materials pertaining to a- :
[3405]request from Tom Charles Huston for an FBI inves-
[3406]tigation of the involvement of the New Mobilization
[3407]Committee in violent demonstrations in November
[3411]All memoranda: and other materials pertaining to. 9 a+: = ;
[3413]FBI policies, practices, and procedures for liaison .
[3414]with the CIA from 1960 to May 1970. a ; i
[3416]All memoranda and other materials relating to the /
[3417]1969 disappearance of Associate Professor Thomas 4
[3419]- Riha, University of Colorado, insofar-as such memo—'7*. °° =)
[3421]randa and materials relate to: *
[3422]: . t
[3424]'
[3426]Py
[3427]Sete pi .
[3429]va UC 3 gs \Ve
[3431]a.° Efforts of the FBI to ascertain the identity
[3432]. of confidential sources of the Central
[3434]‘Intelligence Agency; and
[3436]b. ‘Inspections and administrative inquiries re-
[3437]‘lating to the disclosure of inforn: a8 3
[3438]Dr. Joseph R. Smiley, then-Presidu.e oF vie
[3440]University of Colorado.
[3442]8. All memoranda and other materials relating to
[3443]actions by the Director or any other official of
[3445]4 .the FBI severing liaison (formal, informal, or
[3447]other) or terminating contact (formal, informal,
[3448]. or other) between personnel of the FBI and person-
[3450]nel of the Central Intelligence Agency.
[3452]9. <All memoranda and other materials reflecting con-
[3453]*  versations or communications, during 1970, between
[3455]"agents of the FBI and the FBI Director on the .
[3456]subject of liaison or contact between personnel
[3457]of the FBI and personnel of the Central Intelli-
[3458].. gence Agency, including, but not limited to, all
[3459]memoranda and other materials written’ by former
[3461]Special Agent Sam Papich.
[3463]"10. All memoranda or other materials relating to the
[3464]elimination of the Liaison Section of the FBI
[3466]Intelligence Division in 1970 and relating to the
[3468]"re-establishment of the Liaison Section in late
[3470]‘ 1972 or early 1973.
[3472]-ll. .Al1 memoranda and other materials prepared or com-
[3474]; . piled by FBI personnel assigned to the Interagericy
[3475]. Committee on intellige: c a (AG | Hoc ) omens group
[3476]pe from June 5.2970! “to Stine 257 1970
[3478]Mitchell dated July 27, 1970;
[3479]Plan".
[3481]12. .Letter from FBI Director Hoover to Attorney General _
[3483]regarding the "Huston
[3485]_13. All memoranda or other materials pertaining to
[3486]. meetings or conversations between FBI Director
[3487]Hoover and Attorney General Mitchell from July 23,
[3489]1970, through July 28, 1970,
[3490]Plan’,
[3492]NW 88296 Docld:32989532 Page 46
[3494]concerning the "Huston
[3496]; 7
[3502]14. All memoranda and other materials in the posses-
[3503]sion of the FBI pertaining to the activities of
[3504]the Intelligence Evaluation Committee. : /
[3506]‘15. ‘All memoranda and other materials pertaining to
[3508]. the decision by Assistant Attorney General Henry
[3509]Petersen to terminate the Intellisence Evaluation
[3510]Committee on June 11, 1973. (Further goouments -
[3511]regarding the Intelligence Evaluation Committee
[3512]were requested in the letter of the Chief Counsel
[3514]—_ . ' to the Deputy Attorney General dated April 23,
[3515]_ 1975. See Appendix A, Item 8.)
[3517]_ II. COINTELPRO
[3518]- Please provide:
[3520]. ~ 16. Summaries of COINTELPRO case files prepared by the
[3521]- FBI for the Committee chaired by Assistant Attorney
[3522]General Henry Petersen (see prepared statement of '
[3523]a Attorney. General William Saxbe before the House j
[3524]Judiciary Committee on November 20, 1974). :
[3526]17. All memoranda and other materials pertaining to
[3527]‘the origin and implementation of all COINTELPRO
[3528]. programs, including, but not limited to, the seven
[3529]wee programs set out in the airtel from the FBI ta
[3530]Director to SAC, Albany, dated April 28, 1971,
[3531]entitled "Counterintelligence Programs (COINTELPROS) ,
[3532]Internal Security - Racial Matters".
[3534]18. Committee staff access’ to a list of all FBI head-
[3535]i. + s. Quarters supervisory personnel involved in the.
[3536]origination, implementation, and termination of -
[3537]each COINTELPRO program.”
[3539]i A9. All memoranda or_other_ materials reflecting approval _
[3540]: | ~~ oP knowledge Of any COINTELPRO program by any govern- :
[3541]ro re he ment official outside the FBI including, but_not limited 2 ooo.:.:
[3543]oo nen COPE e\, Actomnsil Sehbrels Heber oF Congress, or President. © :
[3548]7 . . +
[3549]ye . ii
[3550].  ) rd) -
[3551]on
[3552]h . . oy cere ere cee
[3554]20. A list of any COINTELPRO type activities i.
[3555]the prepared statement of AGLOL 7
[3556]the House Judiciary Commitwce cn Novertey
[3557]were engaged in by the FBI subseq USre CC
[3559]« ,e
[3560]Gaiex ab 2:
[3561]. c
[3563]TIT. . Other Specific’ FBI Practices and Programs
[3565]tO . 21.: An itemized description of the contents of each.
[3566]“ots : file folder in the so-called "Official and Con-
[3567]fidential" files of the FBI (see testimony of
[3568]Attorney; General Levi before the House Judiciary
[3569]Committee, February 27, 1975).
[3571]-22. All memoranda and other materials contained in
[3573]: thé "Official and Confidential" files pertaining
[3574]to internal security, intelligence collection,
[3575]and/or coynterintelligence matters, operations,
[3576]or activities including, but not limited to, the
[3577]. following documents:mentioned by the Attorney
[3578]General: .
[3580]a. "Policy Matters" ~~ “upresidential’ directives
[3581]regarding the role of the FBI in the security
[3582]er field; conversations between Mr. Hoover and
[3583]. a President~elect regarding the role of the |
[3584]FBI in his forthcoming Administration; letters .
[3585]‘to and from the White House regarding.expan~~
[3586]sion of FBI legal attache posts abroad",
[3588]b. "Administrative Matters" -- "Memoranda regard-
[3589]ing-an Attorney General's decision with respect
[3590]to supervision of the FBI by an Assistant .
[3591]: Attorney General; a memorandum concerning the
[3592]e . briefing of the President by Mr. Hoover and
[3593]the Attorney General with respect to certain
[3594]intelligence activities by hostile nations
[3595]within the United States".
[3597]ec. "Reference Material" --~ mA compilation of data
[3598]concerning the 196% riots".
[3600]NW 88296 Docld:32989532 Page 48 _
[3603]|
[3605]23.
[3607]NW"88290~Borcie:32989532—Ra gee Adm
[3609]-@ _Z . _ i
[3610]. : a ,
[3611]nnn eeteat Feta see al
[3613]ad. "Protection of sources or sensitive informa-
[3614]tion" ~~ -"Materials on FBI counterintelligence
[3615]activities; technical devices and techniques;
[3616]the telephone surveillance involving sensitive
[3617]coverage in the national security area”.
[3619]All memoranda, files, or other materials, includ-
[3620]ing inspection reports or related surveys, which
[3621]pertain to the following statement by Attorney
[3622]General Levi in his testimony before the House
[3623]Judiciary Committee, February 27, 1975:
[3625]". . . In order to consider what measures may be
[3626]appropriate, we have endeavored to characterize
[3627]the types of abuse to which the Bureau has been
[3628]susceptible in the past.
[3630]a. "Use of the resources of the FBI to gather
[3631]political intelligence. Our review disclosed
[3632]a few documented instances in which the Bureau
[3633]at times during the.course of an election
[3634]campaign was requested to provide -- and did
[3635]indeed provide -- information which could be
[3636]‘used as political intelligence information.
[3638]In one instance, this involved a check of FBI
[3640]files on the staff of a campaign opponent.
[3642]b. "Improper use of the FBI in connection with
[3643]the political process. In a few instances
[3644]recorded in Bureau files, an incumbent Presi-
[3645]dent caused the FBI to gather intelligence
[3646]relating to a political convention under cir-
[3647]cumstances that although cast in legitimate.
[3648]law enforcement terms could -- and some would
[3649]say should ~- have been suspected of being
[3650]politically motivated.
[3652]ec. "Use of the FBI to report on certain activi-
[3653]ties of critics of an Administration's policies.
[3654]*The FBI files document a few instances in which
[3655]an incumbent President caused the Bureau to
[3656]report on certain activities of Members. of
[3657]Congress who were opposed to and critical of
[3658]his policies. . ‘
[3660]ad. "Use of information in the FBI files to
[3661]- respond to or discredit. critics. Again, the
[3663]Bureau files document a very small number of — ,
[3665]. instances in which derogatory information
[3666]legitimately obtained by the Bureau was dis-
[3667]seminated to other members of the Exe eu Ve
[3669]. Branch.to enable them to discredit unzls
[3671]_ oritics.
[3673]‘e. "Use of the FBI in connection with other
[3674]. legitimate law enforcement activities. There,
[3675]—_ . was one documented instance where the FBI was
[3676]used to conduct an inquiry for what might be
[3677]described as political purposes, relating to .
[3678]an investigation properly conducted by other |"
[3679]Executive Branch officials." ,
[3683]24. -All memoranda and other materials reflecting con-
[3684]q. versations, contacts, or communications between
[3685]mo the FBI and the CIA on the subject of the estab-
[3687]lishment or “creation of "notional" Marxist-
[3688]Leninist organizations within the United States.
[3690]. : . |
[3692]25. All memoranda and. other materials reflecting activi-
[3693]ties of any agents, employees, or informants of the
[3694]FBI in connection with: .
[3696]a. The establishment, creation, or financing of
[3697]"notional" Marxist-Leninist organizations with-
[3698]in the United States. .
[3701]‘i ' b. The establishment, ereation, or financing of:
[3702](1) The, Red Star Cadre, or Red Star Swap Shop;
[3703]pe (2) The iRed’Ud 1 lective.” Mem ns
[3705]°26. All reports prepared by the Office of Criminal
[3707]Justice of the Department of Justice pursuant to
[3708]the request in September 1974 of the Attorney Gen-
[3709]eral and/or Deputy Attorney General pertaining to
[3710]the so-called "Wounded’ Knee" case and any other
[3711]so-called "political trial" or other prosecutions
[3712]brought by the Special Litigation Section of the
[3713]Internal Security Division.
[3715]q . . . . ‘ . . .
[3717]NW 88296 Docld:32989532 Page 50 te 7 ; —_ ore
[3720]27.
[3722]28.
[3724]29.
[3726]30.
[3728]. at the Portland, Oregon, office of the FBI:
[3730].a.' Leo B. App
[3732]All memoranda or ‘other materials prepared by the
[3733]FBI relating’ to the reports described in Item 26.
[3735]All memoranda and other materials. pertaining to
[3736]the origins and conduct-of the FBI investigation
[3737]in the Dominican Republic in 1965.
[3739]All memoranda and other materials pertaining to
[3740]the origins, implementation, and termination or
[3741]Project INLET, involving preparation of an Intel-,
[3742]ligence Letter for the President. ,
[3744]The current office assignment or last known address
[3745]of the following persons who in 1970 were employed
[3747]‘b. Edgar O..Ingles, Jr.
[3749]__NW 88296, Docld:32989532 Page 51 .
[3751]Oe
[3753]’ . . .
[3754]wt .? « . .
[3755]. “l
[3756]. . *
[3757]. .
[3759]APPENDIX D
[3761]a So noel
[3762]REQUEST PERTAINING TO ELECTRONIC SURVEILLANCE Pa
[3763]. . LTELES poRNT {6
[3764]. Pepa & ee
[3765]Pleasé provide the Committee; ~ Dhee ,
[3766]1. "Manual for the Conduct of Electronic Surveillance". .
[3768]2. All memoranda and other materials relating to the maintenance
[3769]and operation of the so-called "ELSUR" electronic surveillance index
[3771]3. Committee staff access to a list of all warrantless electronic
[3772]surveillances, identified by subject and target, which were instituted
[3773]or operated by, for, on behalf of, or at the request of the FBI, from
[3774]January 1, 1960, until the present.
[3776]4h. A list of all electronic surveillances, identified by subject :
[3777]and target, of the so-called "Kissinger 17".
[3779]5. A list of all electronic surveillances, identified by
[3780]subject and ‘target, which were instituted or operated by, for, on i]
[3781]behalf of, or at the request of, the FBI, and which intercepted and/or ts
[3782]monitored any conversations of Martin Luther King, Jess at any time P
[3783]between January 1, 1960, and April 5, 1968. ~ -.
[3785]6. . With respect: to each surveillance Listed in response to
[3787]numbers and 5, please provide: 4 .
[3788](a) the address of the premises surveilled, ang. the number
[3790]of the telephone surveilled; . ’ % . a
[3792]' (b) a generic description of the surveillance technique
[3793]employed;
[3795]fe) all memoranda and other, materials reflecting written
[3796]or oral authorization and re-authorization by the President,
[3797]the Attorney General, the Director of the FBI, White House
[3798]officials, or National Security Council officials;
[3800](a)° a list of all memoranda and other materials reflecting
[3801]dissemination outside the FBI of information from each surveil-
[3802]lance, stating author, address(s), ard dates, together with the
[3803]purpose of such dissemination, . ,
[3805]7. ALL memoranda and other materials which: Moa j
[3807](a) relate to intelligence activities at or in connection
[3808]with the Democratic National Convention in Atlantic City, New :
[3809]Jersey, in August 1964; ; ob
[3811]. ue _
[3812]|_ Nw 88296 DockicrARO52 Page 2 a —Wa- [le F 9s” We -. |
[3817](b) relate to electronic surveillances of telephones
[3818]and/or premises at 2414 Atlantic Avenue and/or the Clairidge
[3819]Hotel in Atlantic City, New Jersey, during August 195%.
[3821]8. Committee staff access to all memoranda and other neterials
[3822]reflecting the identities of persons monitored, 1a conuenes oe
[3823]conversations monitored, and/or any information et. °
[3824]conversations monitored on the surveillances gues. 2 2 TL,
[3826]9. Copies of all memoranda and other materials relating to vie.
[3827]preparation, dissemination, and/or withdrawal of all monographs con-
[3828]cerning Martin Luther King, Jr., not to include the monographs themselves.
[3830]. , to, All records, vouchers, travel authorizations, expense
[3831]receipts, ticket stubs, governmental travel requests (GTR's), and
[3832]“any other documents which relate to travel by:
[3834](a) Former Special Agent Lish Whitson from Washington, D.C.,
[3835]to Tampa or Miami, Florida, during 196);
[3837]. (b) Former Special Agents Cartha DeLoach, Hobson Adcock,
[3838]Don Manning, Harold Linebaugh, and Elmer Todd from Washington,
[3839]D.C.,.to Atlantic City, New Jersey, during August 1961;
[3841](c) Former Special Agent William C. Sullivan fron
[3842]Washington, D.C., to Atlanta, Georgia, during 196).
[3844]li. The current office of assignment or last known adress of
[3845]‘the following persons who, in 1964, were employed at the Newark, New
[3846]Jerseys office of the FBI: .
[3848], (a) Robert L. Tage oy
[3849](b) John B. Meade po
[3850](c) Billie D. Williams fe .
[3851]a" (4) John J. Greamer, Jr. oo,
[3852](e) John J. Connolly
[3854]~ _ {f£) Marjorie Ann Miermejewski
[3856](g) Mary Ann Mass
[3858]| NW 88296 Docld:32989532 Page 53 |
[3861]: 5 ~ - oo
[3863]*. . = . . ‘
[3864]2
[3865]. _ ‘ :
[3866]Sot yee . »
[3867]“ ‘
[3868]: an a :
[3870]_ (a) Harold Linebaugh, who: in 196) was "employed at FBI
[3871]headquarters 3
[3873](b) Elmer Todd, who in 196! was employed at the
[3874]Washington Pield Office.
[3876]13. The names and current office assignments or last
[3877]known addresses of all FBI employees assigned to the U. S. Embassy
[3878]in Rome, Italy, in 196).
[3880]14. SAC letter 64-11 captioned "Protection of the President";
[3881]and February 28, 1964, communication from FBI headquarters to FBI
[3882]field, offices supplementing and/or relating to the same subject. -
[3884]15. All July and August memoranda from former Special Agent
[3885]Leo T. Clark to the Assistant Special Agent in Charge or the Special ,
[3886]Agent in Charge of the Newark, Hew Jersey office of the FBI, ,
[3887]captioned "Protection of the President ~ White House Inouiry", -
[3889]. . 16. ALL memoranda and other materials containing the results
[3891]of any administrative or other inquiry undertaken by the FBI as a
[3893]‘result of and/or relating to the allegations contained in the :
[3894]Janvary 26, 1975, issue of The Washington Post concerning activities \
[3895]of the FBI in Atlantic City, New Jersey, in August 1964.
[3897]17. <All memoranda and other materials reflecting written '
[3898]or oral authorization and re-authorization by the Attorney General
[3899]and/or the Director of the FBI for electronic surveillance of
[3900]Joseph Kraft.
[3902]‘ . 18. The ‘current office assignment or last known address
[3903]of the following persons who, in 1969=70, were onmoyed at the
[3904]Washington, D.C., office of the FBI: -
[3905](a) Robert Kunkel | i a
[3907]. ' (b) Courtland Jones
[3909]{c) Ernest Belter _
[3910](a) James Gaffney +.
[3911]19. The current office assignment or last known address :
[3912]of the following persons who, in 1969-T0, were employed at FBI .
[3913]headquarters: _ s ; ‘d
[3914](a) Joseph A. Sizoo . (a). Bernard A, Welis
[3915](b) Michael Joseph Rozemus {e) Robert Haynes
[3917]{c) Sterling Donahue
[3919]NW 88296 Docld:32989532 Page 54 __
[3921]* - o . i
[3922]. .
[3923]_ _ . Td iy ~
[3924]. at a ,
[3928]20. The current office assignment: or last known ‘address of .
[3929]Al or Alan Miller who, in’1964, was employed at the Atlanta, Georgia '
[3930]office of the FBI.
[3932]. 21. With respect to each occasion on which the Director of i
[3933]the FBI testified before the House Appropriations Committee from 1965 -
[3934]until the present, please provide the number of warrantless electronic
[3935]surveillances in operation: :
[3937](a) on the date of such testimony;
[3938](>) thirty days prior to such testimony; and.
[3940](ce) thirty days subsequent to such testimony.
[3942]wit,
[3944]a 88296, ,Docld:32989532 Page 55 , . i
[3946]e
[3948]a
[3950]Sobis@tRev. 3-21-73)
[3952]q
[3954]Intelligence Division
[3956]INFORMATIVE NOTE
[3958]nae _ Way 13, 1975
[3960]Attached is a teletype from the
[3961]Newark Office advising that former SA
[3962]John Patrick Devlin has been requested to
[3963]appear before the Senate Select Committee
[3964](SSC) in Washington, D. C., 5/19/75 to be
[3965]interviewed "for the record,"
[3967]By memorandum dated 5/8/75 we advised
[3968]the Attorney General that Devlin had been
[3969]interviewed by Staff Members, SSC, and
[3970]furnished him an LHM covering the thrust
[3971]of this interview.
[3973]Responsive to Devlin's request, we aré
[3974]telephonically advising him through the
[3975]Newark Office to contact the Bureau's
[3976]Legal Counsel regarding arrangements for a
[3977]representative from the Bureau to accompany
[3978]him on the 5/19/75 appearance before the
[3979]ssc.
[3981]l- Me. M
[3983]a
[3986]q
[3988]i
[3990]2
[3992]ae we
[3993]y rae
[3994]NR "i (3 MAY 271975
[3995]“ON 7
[3996]a "4 ; 4 emesis SRO EI, _
[3997]CG
[3999]Assoc. Dir, i}
[4003]FEDERAL BUREAU OF (IVESTIGATION Dep.-A.D-Adm._.. }
[4005]: 4 \ 1 Dep.-A.D.-Inv.____.
[4006]piper AX CODED COMMUNICATIONS SECTION | Asst Din
[4007]§ Admin,
[4008]MAY 3 Be Comp. Syst
[4009]ave :10PM WITEL 5/21/75 VAN | Ext "Astaine ——
[4010]TO DIRECTOR ¢62- 116395) THEE pve | Gon tn
[4011]Ident. .....,
[4012]FROM ALEXANDRIA (62-217) ®UC) 1 PAGE Inspection
[4014]Intel. MAMET STE
[4016]Laboratory (|
[4017]; Plan. & Eval, {|
[4018]Spee. Inv.
[4019]Training
[4020]Legal Coun.
[4021]anna Rm ...
[4023]$4
[4025]Gas 15
[4027]__ i
[4028]RE ALEXANDRIA TELETYPE TO BUREAU, MAY 3, 1975../*”
[4029]FORMER BUREAU AGENT HAROLD P. LEINBAUGH, 1160 WIMBLEDON DRI
[4031]MC CLEAN, VIRGINIA, CONTACTED ON MAY 20, 1975, IN ACCORDANCE WITH |
[4032]BUREAU INSTRUCTIONS. LEINBAUGH STATED HIS FEELING AT PRESENT IS
[4033]THAT HE WILL REFUSE TO BE INTERVIEWED BY STAFF MEMBER OF CONGRES- ©
[4035]SIONAL COMMITTEE BUT IN EVENT HE CONSENTS TO INTERVIEW AND SENSITIVE
[4036]MATTERS ARISE, HE WILL REQUEST PRESENCE OF BUREAU AGENT OR CONTACT
[4037]LEGAL COUNSEL AT FBIHQ.
[4039]ch a
[4041]END
[4042]HOLD FOR ONE
[4044]en
[4045]Emad FBIH@ ACK FR ONE
[4047]-
[4048]Le
[4050]COASTS
[4051]i
[4052]Le
[4054]Bak ate bee an
[4056]Rudeddsisy Boild80880532 Page 57 i
[4059]Assoc. Dir.
[4061]Dep-A.D,-samde A
[4062]Dep-A.D ftv. te
[4063]Asst. Day v
[4064]Admin.t, _ fy
[4065]Comp. Syst. |
[4066]Nxt, Affairs _ #
[4067]Wiles & Com. —
[4069]® L so dhee *
[4070]*. ® sepegh punRRE Ot Hiei ales
[4072]TELNAMCATIONS. SEGIIOR
[4074]a7.
[4076]vs C4 ‘a 1O1e
[4077]. Sgr
[4078]La e- Pe eet
[4080]AR 866 NK PLAIN --~
[4083]"5;37PM NITEL MAY 12, 1975 JcG
[4084]10 ~~ DIRECTOR (62-116395)
[4086]FROM NEWARK (86-3971)
[4088]“SENSTUDY 75 .
[4089]R EL CALL TO BUREAU TODAY. |} woah
[4090]FORMER SA JOHN PATRICK DEVLIN CONTACTED THE NEWARK OFFICE
[4092]Intl Ad
[4093]Lacoretory
[4094]Plan, & Eval. _ f
[4095]Spee. Inv. _ i
[4097]Legal Coun. .
[4098]Telephone Rm ’
[4099]Direetor See’y __ i
[4101]MAY 12, 1975, AND ADVISED HE WAS REQUESED TO APPEAR BEFORE
[4103]THE SENATE COMMITTEE AT 2200 P.Mey IN WASHINGTON, D.C., ON
[4104]_ MONDAY, MAY 19, TO BE INTERVIEWED FOR THE RECORD. AS THE BUREAU
[4105]' IS AWARE, DEVLINHAS BEEN PREVIOUSLY INTERVIEWED REGARDING HIS
[4106]KNOWLEDGE OF“ THE TECHNICAL SURVEILLANCES CONDUCTED DURING 1964
[4107]DEMOCRATIC PARTY NATIONAL NOMINATING CONVENTION, ATLANTIC CITY, 1)
[4109]Medes O
[4110]DEVLIN ADVISED THAT HE WOULD LIKE SOMEONE FROM THE BUREAU
[4111]TO ACCOMPANY HIM TO THE INTERVIEW BY THE SENATE COMMITTEE STAFF.
[4113]BUREAU IS REQUESTED TO ADVISE NEWARK, FOR TRANSMITTAL TO DEVLIN,
[4115]INFORMATION CONCERNING WHOM RE SHOULD CONT Mito th BUREAU CONCERNING J\Y 0
[4116]a xf fo AS.
[4117]. THIS REQUEST. por a RIS 5
[4118]a
[4119]| END {@ MAY 27 1975
[4121]-PES-ACK—FOR—C5) Seam Prema Ej
[4124]OPTIONAL FORM NO, 10 q 5010-106 =
[4125]MAY 1962 EDITION
[4126]GSA GEN, REG. NO, 27 y '
[4127]fa Y
[4128].
[4130]UNITED STATES GOVERNMENT
[4132]Assoc. Dir.
[4134]. Dep. AD Adm, _
[4135]Memorandum 1 - Mr. W. R. Wannall ere"
[4136]1 - Mr. W. 0. Cregar Admin.
[4137]| Comp. Syst. —_
[4138]TO >: Mr. W. R. wannal yy” pate: 5/21/75 Files & Com
[4139]Gen. Inv.
[4140]Wee
[4141]Inspection
[4142]FROM : W. O. regan Intell.
[4144]Laboratory
[4146]on Plan. & Eval, _
[4148]O a Spec. Inv. —__.
[4149]SUBJECT: {SENSTUDY —-— 75 Training
[4150]Legal Coun.
[4151]aT : Telephone Rm.
[4153]( Director Sec'y
[4154]a .
[4156]On 5/15/75, Senate Select Committee Staff Members
[4157]Mark Gitenstein and Thomas Dawson reviewed Manual of Instructions
[4158]Sections 107, Part I, relating to security informants and Section
[4159]130 relating to extremist informants. The review took place from
[4160]3:50 p.m. to 5:40 p.m. in the conference room at INTD. SA
[4161]Elmer W. Larson of SENSTUDY ~ 75 project was present during the
[4162]review. Gitenstein and Dawson asked several questions con-
[4163]cerning administrative and technical clarifications but
[4164]raised no substantive questions concerning the sections under
[4165]review.
[4167]ACTION: C
[4168]“”
[4170]None. For record purposes.
[4172]62-116395
[4174]EWE cme ye
[4176](3)
[4178]REM [Ly L3H -)39
[4180]URE ce —"
[4181]1@ MAY 23 1975
[4183]3
[4184]Le
[4185]So
[4187]8 A MAY 23 (975
[4189]NW 862796 Docld:327989532 Page 59
[4192]Adans od
[4193]Cleveland
[4194]Hintz
[4195]Gebhardt
[4196]Wannall
[4197]@, 2975.
[4199]NORIS - -
[4200]AGL THFORNATION AGERE ey LEATSOR
[4201]ORBAN ZS UNCLASSIFIED
[4202]piss /22/o/ SPAREN PRG 1 ~ ur. creger
[4203]" - J+ Mr. Flemister
[4204]i ~ Mr. Crescioli .
[4206]Porgy
[4208]ey fe ba foot fd ft
[4210]Ssrrtaa
[4213]Me. Filfien J. Cotter
[4214]Chief Postal Inspector
[4215]@. &. Postel Service
[4216]Washington, B.C.
[4218]Dear Bills
[4220]RI
[4222]E bave beon advised thee e -pepbasentative of
[4223]the Senate Select Committees has recently made a request
[4224]of your Service to furnish the identities of @iL FBE
[4225]mali cavers placed since £980.
[4227]‘ Yn view of the fact $hat suck infornation
[4228]Girectly relates to the investigative responsibilities
[4229]e£ this Burean, it is requested thet you advise the
[4230]Senate Soleck Comittee that such a request shoxgid be-
[4231]HARE te the FRE through the Office ef the Attoraey General.
[4233]Your cooperation in this matter is. sincerely
[4235]appreciated.
[4236]ji. 4 oe Gincerely yours, ln a
[4238]Claresce H. Kelley qs MAYAQ7 1975
[4239]ps : Director
[4245]Soe nemorandum Fiemister to Wannali dated 5/15/75,
[4246]Assoc. Dr ——  pantioned "Hail Covers," prepared by LAC:tdp.
[4248]Dep. AD Adm. —_
[4250]Dep. AD tiny. .
[4251]Asst. Die.:
[4253]Admin,
[4255]Files & Com.
[4257]a
[4258]Oy
[4259]Gen. tv, a mais i NOT HOT RECORDED
[4260]Ident, O UN
[4261]te il a mee 1975
[4262]fotelf, o? WY . ! pn
[4264]Plon. @ Eval _ UL Me, a
[4265]Spec. Inv. :
[4266]Training
[4268]Telephone Rm.
[4269]Dinuetor Seen Y MAIL ROOM[__]  TELFTYPE UNIT
[4271]8.4 MAY 27 1975
[4273]__ NW 88296 Docid:32989532 Page 60 ; . . -
[4275]ca Q ol ie , bok (o3§ 3 5 fi
[4277]TT
[4279][/
[4281]“OPTIONAL FORMNO, 10 SOTO=108
[4283]. wa igen coon, oy
[4284]UNITED STATES CQQpRNMENT @ 4 Basoes Dit
[4285]; "h . 1 Wur. Adams Dee A her
[4286]M 1 ~ Mr. Cleveland Asst. Dire wo
[4287]CMOTaAN um 1 ~ Mr. Mintz on
[4288], oe ate
[4289]ros Mr. W.R. Wannay wert pare: 5/15/75 Files & Gens =
[4290]A 1 -.Mr. Gebhardt Ben: Inv. ——
[4291]; 1 - Mr. Wannall are
[4292]FROM : H.C. Flemister, Jr. 1 - Mr. Cregar opel see
[4293]. 1 - Mr. Flemister Laboratory
[4294], _ = Mr. Crescioli  perihela
[4295]SUBJECT: MAIL COVERS . Training <=
[4296]A, : S Legal Coufees_
[4299]. This is to advise of recent request by Senate A
[4300]Select Committee (SSC) that U. S. Postal Service (USPS) aN >
[4302]s o the SSC the identities of all mail covers placed
[4303]by the FBI since 1960. . |
[4305]on
[4307]1
[4309]On 5/14/75 Me. Ron hL. Jackson, Assistant Chief
[4310]Inspector, Office of Security Investigations, USPS, adised
[4311]Liaison Officer L.A. Crescicli that Mr. Paul Wallach, staff
[4312]member of the SSC, has requested USPS to furnish the
[4313]identities of all FBI mail covers placed with the USPS since
[4314]1960, According to Jackson, Chief Postal Inspector William J.
[4315]Cotter has informed Wallach that the FBI is the custodian ~
[4316]of such detailed information and that the SSC should there-
[4317]fore make this request directly to the Bureau. Mr. Jackson
[4318]requested that the FBI consider directing a communication
[4319]to Chief Cotter, pointing out that the Bureau does interpose
[4320]an objection to the USPS complying with above request and
[4321]that the SSC should proceed directly to the FBI in this
[4322]regard, .
[4324]# conmerunly MORM -
[4326]st: OBSERVATIONS:
[4328]aA The request for the idenities of all FBI mail covers
[4329]Since 1960 in effect provides the SSC with the identities
[4331]of the subjects of FBI investigations, which includes some
[4332]‘extremely sensitive cases. The intelligence community in
[4333]attempting to work out guidelines with the SSC as to
[4335]sensitive areas of inquiry haveindicated that specific
[4337]targets of ongoing intelligence operations should be subject
[4338]to negotiation between the SSC staff and the appropriate
[4339]agency. The Intelligence Division believes that we should
[4340]take a strong stand in this instance and attempt to negotiate
[4341]an accommodation which would allow the SSC to carry out its
[4342]mission but yet not compromise ongoing FBI sensitive* tivesfr"™_.
[4344]tigations. | G2-|1b 395°- tS MAY 2t7 1975 |
[4346]wh few - LISP FZ
[4348]“pts, tvoRsarto
[4349]beinrs
[4351]LAC:tdp (9) TRECQORTINUED ~ OVE! |
[4352]Enclosure (fy 46 MAY 2% 1975 : oan
[4353]oe sid Soe
[4355]or
[4357]— 8 4 MAY 27 1975
[4358]NW 88296 Docid:32989532 Page 61
[4360]Memorandum to Mr. W.R. Wannall 7
[4361]RE: MATL COVERS
[4363]RECOMMENDATION :
[4365]- -. ' That the attached letter to Chief postal “Ingpector -
[4366]Cotter he sent via Liaison, advising him of the proprietary
[4367]interest of FBI concerning specifics of its requests to USPS
[4368]for mail covers and that under the third agency requirement
[4369]the SSC should make its request for such data to the FBI
[4370]through the Office of the Attorney General.
[4372]Docld:32989532 Page 62
[4375]See
[4379]Gan. Inv.
[4380]| . Ident.
[4381]on ; Legal Counsefh— . Inspection
[4382]rN
[4384]OPTIONAL FORM NO. 10 4010—106
[4385]MAY 1962 EolTiON .
[4386]GSA GEN, REG. Nie 27
[4388]UNITED STATES GQQement _ . @ ‘oe =
[4389]Memorandum . > - cr
[4391]Comp. ‘Sy st.
[4392]TO _Mr. J. B. Adams DATE: 5/15/75 Ext. Affairs
[4394]Files & Com.
[4396]Intell.
[4397]Lebaratory
[4399]Plan. & Evol. —
[4401]SUBJECT: REQUEST OF HARRY H. WACHTEL ON an hip
[4402]BEHALF OF ESTATE OF MARTIN LUTHER ey Pal SS
[4403]KING, JR., CONGRESSMAN ANDREW YOUNG, Dialer sons
[4405]c> AND D DELEGATE WALTER E, FAUNTROY vA
[4408]Sos cl by “78 ™ Alone
[4409]My memorandum of March 19, 1975, reported discussions
[4410]with the attorney for the estate of Dr. Martin Luther King, Jr., who
[4411]also represents Mrs. Coretta King and her children.’ It was clearly
[4412]' Indicated that Mrs. King and her children were concerned about invasion W&
[4413]of personal privacy that might occur should there be disclosure of inquiries
[4414]concerning the FBI investigation of Dr. Martin Iuther King, Jr. At the
[4415]conclusion of our conference with the King representatives, Assistant
[4416]| Attorney General Scalia asked me whether I would be willing to agree to
[4417]‘have Mr. Wachtel notified in the event a congressional committee requested
[4418]-access to such material in Bureau files. I told him that I saw no difficulty
[4419]‘in the Department advising Mr. Wachtel in the event such a request is made
[4420]_' by & committee of the Congress. The Senate Select Committee on Intelligence
[4421]+ iv, Activities has initiated inquiries concerning the Bureau's investigation of
[4422]Dr. King and though they have not as yet requested material from our files
[4423]which may contain tapes of electronic surveillance of Dr. King, it is likely
[4424]: that their inquiry will reach the stage where such demands will be made.
[4426]a
[4428]4 {r,
[4430]SIFIEP '
[4431]OY SO gag
[4433]iN
[4434]7
[4435]as
[4437]PS UNG!
[4439]t
[4440](E200.
[4442]INFORMATION CONTAINED
[4444]Therefore, in response to the requests made by Mr. Wachtel
[4445]i ~ Tepresenting Mrs. King and in response to inquiry by Assistant Attorney
[4446]a “'' 5" General Scalia, itis my view that we should advise the Department of the’
[4447]nature of the inquiry currently being mate by the Senate Select Comimittee
[4448]and to suggest that they may wish to notify the representatives of the King
[4451]wees Veal fated
[4453]ORIGINAL FRED IN yoy . /7
[4455]N estate and Mrs. King for whatever action they may deem a SBee ropriate. Lasse
[4457]a} Ene. — Oe Ss 26 -?S —b2 Sl b 3ISz & MAY 2 ‘
[4459]1 - Mr. Wannall NOT ROT RECOROSE a
[4461]1-Mr. Moore  .. 46 MAY 27 1975 OP Ee
[4463]1-Mr. McDermott ts ee
[4465]1 - Mrs. Metcalf eee — a
[4467]1 - Mr. Hots ee
[4469]1 - Mr. Mintz 7 pt 37s |
[4471]_ TAMEmsa (8) / (yal CONTINUED - OVER
[4472]fr Va
[4473]oo!
[4475]" NW'88296 “Docld!32989532 ‘Page 63 : a . ~
[4477]Memorandum to Mr. Adams a
[4478]e: Request cf Harry H. Wachtel, etc.
[4480]I .
[4482]RECOMMENDATION:
[4484]j That attached memorandum to the Attorney General advising
[4485]him of the concern of the King family and of the request that they be
[4486]advised of congressional inquiries ke approved and sent.
[4488]po i
[4489]| iad en a
[4491]= ia eerie antl Aah GH MENA hl ettD itn PAs tes Ay tk thei selene emma ee mel Maine me mee aimee Bem RN aa
[4493]| NW 88296--Docld:32989532 Page 64 -~
[4496].
[4497], | 6 , . . é
[4498]. . .
[4499]* 7 .
[4501]Bay 18, 1976
[4503]1 - Mr. Wannail
[4505]tome 1 - Mr. Moore
[4506]Eirectar, FEA 1 - Mr. McDermott
[4508]_ 1 - Mrs. Metcalf
[4509]/ REQUEST CP MARAT EE, WACHTEL GF 1- Mr. Hotis
[4511]p) SESALP OF ESTATZOP MARTE] LYFSER 1 _ we. ints
[4513]RING, d2., CONGRESSMAN ANDSSY YOUNG,
[4515]AND DeBEES 23 WALeee 2. FSUNTAoy ~
[4516]- 4 . fs
[4517]Sey ke ‘Leg ZA S ° i me
[4519]9, 1975, Spesg Hl. aektel, | |
[4520]aitoihey reswesentiog the extata of Dr. Martin lates Ficg, dv., :
[4521]. Hes. Coretis Hing, and her chlideos, seccmunniad by Conyresamman
[4523]- dwdeouw Young end Distetet ef Columba Doleanle Walter ©. Paantroy, .
[4524]nGylied ronresermatives ef the Atborsey Ganoval enc the PEI of tide
[4525]great ecncere far Che nelvacy of Ripa. Wigs and hee eiiidven., They
[4526]were oGaccrmed thet ioceivios into.an fwentigation eominsled by the
[4527]SE ol by. iMertia Zather Mag, de., could pevenl ioferwation of a
[4528]éspoontory aaiers eaagerains: Le. Khas. Pooy dotented an ieterast
[4529]in mwalestaiies anaeooriate measures to Hirt the casclsiiity af paltis
[4532]al
[4536]ION CONTAINED
[4537]CLASSIFIED
[4539]6 0%
[4541]clacicuure of deraiory information that may be preducod esa rosalb =
[4542]= og inulries seek as Case that malgst be mate by the Uaaate Soler _s
[4543]= =“ Cosa. a Entolligeass Aetieien ais soquested Cant taey weuld be .
[4544]ie Qa sdvised abould euch ingiivied be made Sy a committee of Congress.
[4545]CD ewe
[4546]= = , Sakeonuce? te that mootiag, the IR haa Learacd that tee A
[4547]“ee Geuste delect Commistes on fatelifguass Activities fs eondacling tulorviews 4
[4548]wb a iS an eter? te Coyaies informing conacsuleg as PME heyostication of z
[4549]ey De. Binetia lather Mov, dg. Eneiow of Sis fact, tile matter is bolng g
[4550]¥ Reoucht te your aicoticn ia order yak wou may determise whet aciton yoo 6
[4551]x foul is aomvouvinte is segnans to tea togeoste acclo by Me. Wachtel os
[4553]penis Cf Lieg. Misy, hor efiidesn, and dhe estate of Dr. Eiariie Emthor
[4554]Assoc. Bir. Biag, §P., witen voquets vere jcined is by Conercesman Amigew Young
[4555]Dep. AD Adm. _ of L . sot } 4
[4556]noe ly ktm 6 Comm
[4557]“Asst. Dir: y fi
[4558]Admin. - A Bee we
[4561]Comp. Syst. SEE NOTE PAGE 2 / a fee
[4562]yf. ay?
[4564]Ext. Affairs
[4565]Files & Com.
[4566]Gen. Inv.
[4567]ident.
[4568]inspection
[4570]JAM:mid wl
[4572]i (2)
[4574]Loberatory
[4576]Plan. & Eval. — v ie
[4577]Spee. fav.
[4579]Training :
[4581]Legal Coun.
[4582]Telephone Rm.
[4584]- Director Soc'y... MAIL ROOM({__] ‘TELETYPE uNIT(__]
[4586]% . 4
[4588]niBedesi VSP 8eBsa0 Page 65 : . a . . .
[4590]Ce eee
[4593]‘7 98296 -Docld:32989532 Page 66
[4595]Gus Alernsy Geacral
[4597]and Eslegate Walter B, Fauniray. The FA woald have no objection
[4598]should you decide te advise Mr. Wachtel that the current Inguiey by
[4600]the Senate Eelect Comrmiites on inteLigesce Activiies concerns the
[4602]PE inveatigaiion of Dr. Meziin Luther Zing, dx.
[4604]k= The Bepaly Atternsy General
[4606]1 ~ Assistant Altsraey Genezal |
[4607]Oifice of Legak Counsel oO
[4609]NOTE: Based on memorandum Legal Counsel to Mr. Adams,
[4610]8/15/78, captioned as above, TAM:nfd.
[4614]wes Bw
[4617]OPTIONAL FORM NO. 10 5010-106
[4618]MAY 1962 EDIHON
[4619]GSA GEN, REG, NO. 27
[4621]UNITED STATES GOVERNMENT Assoc. Dir.
[4623]M 1 - Mr. N, P. Callahan = per) Ain ~
[4624]emorandum 1 Mel JL BL Adams amaze —
[4626]1 - Mr. T. J, Jenkins Ce
[4627]TO MR. W. R. WANNALL ey pareMay 12, 1975 Est Ate —
[4629]FROM :MR,_ NG GREGAR
[4631]3’
[4632]. J. A. Mintz Gen. Inv.
[4633](J. B, Hotis in eal
[4634]. W. R. Wannall anti?
[4635]~W
[4637]. oO. Cregar Laboratory ___
[4639]SAS
[4641]Plan. & Eval, —_
[4643]“
[4645]% Namek SmeDE 78 . Sree. ny a}
[4646]- Legal wi
[4647]C j This memorandum reports the telephonic contact Telophond eget
[4649]between former Assistant to the Director John P. Mohr ‘and —_Pitecter See
[4650]Mr. Jenkins at which time Mr. Mohr furnished additional information
[4651]regarding his meeting with representatives of the Senate Select f
[4652]Committee (SSC) Staff on thé morning of 5/9/75... |
[4654]In reconstructing his interview on the morning of 5/9} 75
[4655]by Staff Members Mark Gitenstein, Thomas Dawson and Lester B, Gq.
[4656]Seidel, Mr. Mohr recalled them asking if he knew who prepared the
[4657]"surreptitious letters'' the Bureau sent in the Socialist Workers
[4658]Party case, Mr. Mohr advised the Staff Members that he did not
[4659]know but he presumed somebody in the Document Section of the
[4661]e Laboratory probably prepared these 1 ere b ay - } 163 5L- [3g
[4663]ee As reported in my nenoranduin of 5/9/75, members of the
[4664]a Staff Committee are hoping that Mr. Mohr will be able to arrange an
[4665]é interview of Miss Gandy by members of the SSC providing Mr. Mohr
[4666]Yay is present. In this regard, Mr. Mohr desired some guidance as to
[4667]Bo what he could tell Miss Gandy if Staff Members asked her for the
[4668]s 5 names of individuals appearing in the official and confidential
[4669]SE files of Mr, Hoover. Mr. Mohr was telephonically advised on the
[4670]Ba— afternoon of 5/12/75 by Cregar that the Bureau could not give him
[4671]go any advice as to what he could tell Miss Gandy recognizing that
[4672]xP whatever he told Miss Gandy was strictly between the two of them
[4673]B = and not of concern or interest to the FBI, It was further pointed
[4674]RE cut to Mr, Mehr that neither he nor Miss Gandy should feel under
[4676]| 3 i any obligation to report to the Bureau what Miss Gandy decided_in
[4678]this regard as well as what she might tell the Staff of the SSC
[4679]during her forthcoming interview by them on 5/15/ 723 MAY 23 1975
[4681]On the occasion of Cregar's call to Mr. Mohr on the :
[4682]afternoon of 5/12/75 Mohr recalled that he had told Staff Members
[4683]of the SSC Miss Gandy had turned over to Mr, Felt the official and
[4684]confidential files amounting to one-half a file drawer, Mr. Mohr
[4685]in speaking with Miss Gandy subsequent to his interview on 5/9/75
[4686]learned the official andeconfidential files turned over to Mr. Felt
[4688]62-116395)
[4690]WOC: ekw<('3) CONTINUED - OVER
[4695]Memorandum to Mr. i. R. Wannall
[4696]RE: SENSTUDY 75
[4697]62-116395
[4699]by Miss Gandy amounted to one and one-half file drawers, Mohr
[4700]subsequently advised Mr. Gitenstein of this correction,
[4701]Additionally, Gitenstein desired to know whether an itemized
[4702]list of the official and confidential files was made and if so,
[4703]where the list was. Mohr told Gitenstein that he was sure a
[4704]list was made (subsequently confirmed by Miss Gandy) and that
[4705]the list accompanied the official and confidential files.
[4707]In addition to the above, Mohr advised that Gitenstein
[4708]asked about a requirement of all Bureau employees to turn over
[4709]any confidential files in their possession ordered by Mr. Hoover
[4710]following the revelation that former Assistant to the Director
[4711]Sullivan had turned over certain confidential files to former
[4712]Attorney General Mardian. Mohr advised Gitenstein that Mr. Hoover
[4713]had in fact levied such a requirement on Bureau employees and
[4714]that all confidential files were to be turned over to Mr, Felt
[4715]along with a memorandum explaining the nature of these files.
[4716]Gitenstein asked Mr. Mohr where these memoranda would be filed.
[4717]Mohr responded by saying he presumed they were confidential
[4718]memoranda and would have gone with the confidential files turned
[4719]over to Mr. Felt by any Bureau employee maintaining such files.
[4721]ACTION :
[4723]For information and record purposes.
[4727]NW 88296 Docid:32989532 Page 63 _
[4729]e
[4731]OPTIONAL FORM NO, 10 5010=106 ®
[4732]y -MAY 1962 EDITION
[4734]GSA GEN. REG, NO. 27
[4736]UNITED STATES GOVERNMENT
[4738]Assoc. Dir,
[4740]4 L-Mr. N. P. Callahan “(\3A>
[4741]¢,'' Memorandum L- Me. J.B, Adams sO
[4742]1 - Mr. T. J. Jenkins sin ——
[4743]Tos MR. W. R. WANNALL ¢ pate: May 9, 1975 Files & Coma
[4744]. 1 - Mr, J. A. Mintz eae
[4745]FRoM :MR. W. REGAR i - Mr. J. B. Hotis ae
[4746]oy ~ 1 - Mr. W. R. Wannall Laboratory —
[4747]L Meo WO. Crega en Eh —
[4748]sunjecr( SENSTUDY 75 | nine nn
[4750]This memozandum reports the results of a m g
[4751]between former Assistant to the Director John P, Mohr and repre-
[4753]sentatives of the Staff of the Senate Select Committee (SSC) on the |
[4754]morning of 5/9/75.
[4756]Memorandum Legal Counsel to Mr. J. B. Adams dated 5/5/75
[4757]recommended that a4, Bureau representative be available for consulta-
[4758]tion by Mr. Mohr during the time Mr, Mohr is being interviewed by
[4760]Staff Members of the SSC 5/9/75. REC-199 e 3 - / } b 3G 13
[4762]Prior to Mr. Mohr's interview by the Staff of the SSC,
[4763]Section Chief William 0. Cregar met with him, Mr. Mohr was advised
[4764]that should representatives of the Staff pose any questions to him
[4765]which could lead to the identification of sensitive sources,
[4766]sensitive methods of FBI operations or material derived frem other
[4768]arn twrornarron conmarmd OLA
[4770]q U. S. agencies or foreign governments, he could decline to answer
[4772]ae such questions until he had an opportunity to consult with a Bureau
[4774]i representative, Mr. Mohr understood the purpose of Mr. Cregarla,
[4776]ERS presence and assured him that should the inquiry by*StafF Member sk
[4778]5 of the SSC get into these areas of iriquiry, he would cay tadndys
[4780]mn * ° * Ge MAT a
[4782]Ps consult with Cregar prior to responding.
[4784]ea prerecrcs AROCREES,
[4786]AA ean
[4788]BS Following our arrival at the New Senate Office Building,
[4789]Q
[4791]Mr. Mohr and Cregar were met by Staff Members Mark Gitenstein,
[4792]Thomas Dawson, and Lester B, Seidel. +: As we proceeded to the
[4793]office where the interview was to be conducted, Mr. Gitenstein
[4794]referred to a previous conference he had with Assistant Director
[4795]Wannall at Quantico on 5/5/75 at which Mr. Cregar was present,
[4796]Gitenstein observed that this meeting had proved very, very
[4797]beneficial and that he believed that future personal contacts
[4798]between members of the Senate Select Committee. Staff and the FBI
[4799]could prove useful and allow the SSC Staff to better understand
[4800]how the FBI was administered at Headquarters, d-
[4801]62-116395 , an h
[4802]i) y
[4803]Oris
[4805]WOC :e W/
[4808]R4alla ect, Woss2 Page 69
[4811]Memorandum to Mr. W. R. Wannail
[4812]RE: ‘SENSTUDY 75
[4813]62-116395
[4815]The interview of Mr. Mohr began at approximately
[4816]10:20 and was concluded at 12:30 p.m. 5/9/75, Mr. Cregar,
[4817]who was available in an adjacent room, was not called and
[4818]following the interview, Mr. Mohr assured Mr. Cregar that
[4819]no sensitive areas were addressed by the Staff Members,
[4820]Mr. Mohr did indicate that the Staff Members were in possession
[4821]of FBI documents dealing with the Socialist Workers Party as
[4822]well as documents obtained by Mr. Carl Stern under the Freedom
[4823]of Information Act (these are our COINTELPRO. documents which we
[4824]were obliged to provide Stern under the FOI). No substantive
[4825]questions were directed to Mr. Mohr regarding these documents
[4826]but apparently were used to permit Mr. Mohr to identify who
[4827]might be the final authority in approving these documents,
[4828]As an example, Mr. Mohr noted that in reviewing a sample of
[4829]these documents, he voiced the opinion Document A probably
[4830]would have been approved by an Assistant Director whereas
[4831]Document B might have received the approval of the Director,
[4832]Mr. Mohr was unable to identify precisely what documents he
[4833]was shown.
[4835]It was quite apparent from the interview that the
[4836]Staff of the SSC was trying to understand how the flow of
[4837]mail proceeded in the FBI under Mr. Hoover's directorship. ©
[4838]A classic example of the Staff Members' confusion was their
[4839]inability to distinguish between an SAC letter from a letter
[4840]to all SACs, Mr. Mohr attempted to clarify this confusion on
[4841]behalf of the Staff Members, With regard to SAC letters, the
[4842]Staff Members asked if there was a file on all SAC letters,
[4843]Mr. Mohr advised he was not quite sure whether there was a
[4844]single file containing all SAC letters,
[4846]Members of the Staff also asked Mr. Mohr about his
[4847]securing of Mr. Hoover's office after Mr. Hoover's death, -
[4848]Mr. Mohr told the Committee that the articles which appeared
[4849]in "The Washington Star" by columnist Jeremiah O'Leary was an
[4850]accurate recording of his securing of Mr. Hoover's office,
[4851]Nevertheless the Staff Members desired that Mr. Mohr go over
[4852]in considerable detail exactly how he did secure Mr, Hoover's
[4853]office following his death.
[4857]NW 88296 Docid:32989532 Page 70
[4859]Memorandum to Mr. W. R. Wannall
[4860]RE: ‘SENSTUDY 75
[4861]62-116395
[4863]The question of Mr. Tolson's will did arise,
[4864]Mr, Mohr advised that Hillory Tolson had not decided whether
[4865]he was going to contest the will. According to Mr. Mohr, he
[4866]recently had lunch with Hillory Tolson at Mr. Tolson's request
[4867]at which time Hillory Tolson suggested he was not going to
[4868]contest the will. However, Mr. Mohr had not seen any documentary
[4869]evidence of Hillory.'s decision in this regard,
[4871]Finally, the Staff Members asked if Mr. Mohr knew
[4872]the whereabouts of Miss Gandy or at least her telephone number.
[4873]He told thembhe did know herewhereabouts and telephone number
[4874]but promised her he would not reveal them. Mr. Mohr was asked
[4875]whether Miss Gandy would be available for interview. Mr. Mohr
[4876]advised the Committee that he would attempt to persuade her
[4877]to be interviewed providing he, Mr. Mohr, was allowed to be
[4878]present during the entire interview. The Staff Members inter-
[4879]posed no objection to that arrangement and Mr. Mohr indicated
[4880]to Mr. Gitenstein that he would advise him of Miss Gandy's
[4881]desires regarding an interview under the conditions stipulated
[4882]above.
[4884]Prior to the onset of the interview with Mr. Mohr,
[4885]Cregar asked Gitenstein whether a decision would be forthcoming
[4886]from the SSC regarding the interviews of former employees of the
[4887]intelligence community by Staff Members of the SSC. Gitenstein
[4888]stated the the Committee had no problem with the FBI and that if
[4889]{The White House would not interfere he felt satisfactory arrange-
[4890]ments between the FBI and the Select Committee could be worked
[4891]out regarding future interviews of former FBI, employees. The
[4892]thrust of Mr, Gitensteiri's comment as well as his general
[4893]demeanor during the meeting suggested the Staff felt they could
[4894]work closely with the FBI to the satisfaction of both parties.
[4896]ACTION: For information and record purposes.
[4898]yee re i}
[4900]6% Vong
[4901]in WAR -
[4903]NW 88296 Docld:32989532 Page 71
[4906]OPTIONAL FORM NO. 10
[4909]q 5010-106 P |
[4910]MAY 1962 EDITION f
[4911]GSA GEN. REG. NO. 27
[4912]is if
[4914]UNITED STATES GOVERNMENT Assoc. Dir.
[4916]Dep. AD Adm. —
[4918]Memorandum ns
[4920]Admin.
[4922]\ ; ¥ : Comp. Syst. __
[4923]ro; Mr. 3. A. Mint ony DATE: 4/14/75 Pilec 8. Cons =
[4924]a ~ ae Gen. Inv.
[4926]OQ ms - Ident.
[4927]Me MAE Sols vf (on n/a Inspection
[4929]Intell.
[4931]FROM : Mr. W. R. Wannall
[4933]Laboratory
[4935]eds Tw Te f frc pnt Ae Plon. & Evol.
[4937]Spec. Inv.
[4939]SUBJECT Vooncressionat TESTIMONY ‘ Training
[4940]— ae - ee Legal Coun.
[4942]Telephone Rm. —
[4944]PE Director Sec’y __
[4946]Reference Mr. Heim memorandum to Mr. Moore dated 4/10/75,
[4948]enclosing edited version of paper entitled "Dissertation ¢ on Procedures for _
[4950]Opening, Closing and Maintaining Domestic | ‘Security Cases i in Pending Status. "
[4952]INTD has no objection to the edited version.
[4953]ACTION:
[4954]Legal Counsel Division review edited version for legal considerations.
[4956]ALL: vb, 0 x i nye? ute ig
[4958]6)
[4960]“hy 0)
[4962]REC 206 3 WCBS” S3 b
[4964]Br 12 1075
[4966]Ey, 4MAV 27 —_
[4967]pa ASS
[4969]NW 88296 Docid:32989532 Page #4
[4973]r, Ale wee
[4975]78
[4977]5 op
[4979]w
[4981]ix a
[4983]ia
[4987]foe:
[4989]“
[4991]i;
[4993]TO
[4996]FROM
[4998]SUBJECT:
[5004]_ NW 68296 Docid:32989532 Page 73
[5006]OPTIONAL FORM NO. 10
[5009]MAY 1962 EDITION ® . ;
[5010]GSA GEN. REG. NO. 27
[5011]UNITED STATES GO NMENT e Assoc. Dir.
[5012]; Doo. ADK
[5014]Memorandum oon se
[5016]v Admin,
[5018]Comp, Syst. __.
[5019]Mes Meare PATE: 4/10/75 eo Ne —
[5021]Gen. Inv.
[5023]Ident.
[5025]v ‘ f snore ,
[5026]Mr. Heim Nowees Cars Ctrpret Hee O- en
[5029]+. te HI 7 Plon. a Eval. 5
[5030]CONGRESSIONAL TESTIMONY _ MERE | anne Tring A .
[5031]Legal Coun’ ia
[5032]Telephone ent
[5033]ise Reference W. R. Wannall to Adams memorandum Pitector Secty —
[5035]dated 4/1/75, and captioned as above which submitted
[5036]a proposed statement for congressional testimony
[5037]concerning the opening, closing, and maintenance of
[5038]domestic security cases in pending status. This
[5039]Division was to review the statement from a stylistic
[5040]standpoint.
[5042]The statement has been reviewed along these
[5043]lines and edited.
[5047]That attached edited version of the aforementioned /
[5048]statement be forwarded to Intelligence Division for review ~*.
[5049]and approval and then submitted to Legal Counsel Division . “.
[5050]for its review and approval. «=
[5052]i
[5054]it 7
[5055]Enclosure “1 Ai
[5056]W
[5058]1 - Mr. Mintz - Enclosure
[5059]1 - Mr. Wannall - Enclosure
[5061]tt Ex MCAD 2 OEY FAB
[5064]3
[5065]_excus fh). Lo ae
[5067]MAY 13 1975
[5069]27 1975
[5071]a s
[5073]DISSERTATION ON PROCEDURES FOR
[5074]OPENING, CLOSING AND MAINTATHING
[5075]DOMESTIC SECURITY CASES IN PENDING STATUS
[5077]-
[5079]‘ FBI authority to investigate domestic seourlty
[5080]gases is derived from numerous ariminal statutes and
[5081]Presidential Directives and Executive Orders concerning
[5085]¥ y internal security and employee loyalty matters. Proecedurally,
[5086]Qi : the Bureau opens, continues, and closes such cases on
[5087]84 ED the basis of these legal considerations.
[5089]Ke a ne Upon receipt of a fact situation from any
[5090]4 BS of a myriad of sources, an Agont must necessarily make
[5092]Paes
[5093]Aw
[5095]a judgment as to whether this situation appears to fall
[5096]within the scope of FBI jurisdiction.
[5098]RATT ON ¢
[5099]Big.
[5101]More specifically, domestic security investigations
[5102]ave initiated when allegations clearly indicate a person,
[5103]either as an individual or as a member of a group, acts
[5104]to unlawfully alter the Government in violation of the
[5105]Smith Act, the Rebellion ox Insurrection Statute, the
[5106]Seditious Conspiracy Statute, oy other vealated enactments.
[5107]Special emphasis is placed on those engaged in violent
[5108]furtherandé of such illegal acts, A full invastigation
[5109]continues so long as these indications of illegal activity
[5110]exist.
[5114]Huns INT
[5117]When allegations da not clearly indicate
[5118]/ that activities on the part of an individual fall within
[5119]: this jurisdichional area, self-imposed regulations require
[5120]Ve that a "preliminary investigation" be conducted. This
[5121]inguixy consists of obtaining information from established
[5122]sources (such as records maintained by police departments,
[5123]4 local governments, and private agen¢les); infoxmants;
[5124]‘ public source information; and FBI vecords. ‘These inyvasti-
[5125]gations are limited to 30 days during which an honest
[5126]Assoc. Dir. effort is made to distinguish as soon as possible between
[5127]Dep. AD Adm.  LOGEtimate political activity and illegal acts. Tf
[5128]cor Aoiw — more than 50 days are raguived to resolve this question,
[5129]Adin. authority to exceed this period must be ohtained from
[5130]Comp. syst. ss SBL Headquarters. In seeking this cxtengion, a full
[5131]Fu Atfers — statement must be made of the allegation, the jurisdictional
[5132]te he. «6aUthority involved, and facts that appear to justify
[5134]den. ———— the conkinuance, ‘
[5135]Inspection ___. . | G iy
[5137]Laboratory a \r ae
[5138]Plan, & Eval. — Raa \.
[5140]Spee. Inv. Tre J J as
[5142]es ms)
[5144]JAH: dyin. (8) a —
[5145]Deen ~~ MATL ROOME]~—s TELETYPE uNiT [J “CLOSURES 2 SAG y,6) - IPS
[5146][Nw 88296 Dochd:32989532 Page 74 ;
[5149]. e é
[5151].
[5153]When an Allegation is received that a group
[5154]may fall within existing jurisdictional oriteria, FBI
[5155]Headquarters ig immediately notified and a “preliminary
[5156]investigation" along the lines already indicated is
[5157]undertaken. Again, approval from PRI Headquarters must
[5158]be obtained to continue this “preliminary investigation"
[5159]beyond 90 days to resolve whothor juricdictional standards
[5160]are met. If met, a full investigation is conducted
[5161]upon approval by FBI Headquarters.
[5163]Internal security investigations are also
[5164]conducted on the basis of specivie instructions from
[5165]the Attorney Goneral (pursuant to Presidential Directives)
[5166]to the Director of the PBI. Until the instruction is
[5167]complied with, these matters remain pending.
[5169]Every effort is made te maintain proper
[5170]administrative control ever domestic security Investigations
[5171]and to insure full compliance with the law. In this
[5172]vegard, Bureau rules require Agents to limit investigations
[5173]to velevant matters. Supervisory porsonnel in the Field
[5174]and at PBI Hoadquaxters yeview the progress and relevancy
[5175]of thesa investigations, and reports are forwarded to
[5176]the Department of Justices, Agents also receive legal
[5177]instruction on a continuing basis in order that they
[5178]may be fully able to recognize relevance and safeguard
[5179]individual rights.
[5181]These Bureau procedures have besn devised
[5182]in an honest effort to carry out with maximum effectiveness
[5183]and propriety our vital domestic scenxity responsibilities.
[5184]Over the years, the FBI has handled these responsibilities
[5185]and protected the domestic security of our Nation with
[5186]graatk dedication and, I believe, with great distinction.
[5187]We will continue to vigorously carry out these duties
[5188]with all dua regard for individual rights and liborties.
[5189]& believe the procedures I have outlined are in £ull
[5190]accord with this purpose.
[5192]NW 85296 Docld:32989532 Page 75
[5196]Es
[5198]AM Ohl
[5200]ALL INFORMATTON CONTAINED
[5201]BEREIN 1S UNCLASSIFIED
[5203]ge /-/ PO] BY
[5205]DA
[5207]r) @
[5209]. April 14, 1975
[5211].
[5213]DISSERTATION ON PROCEDURES FOR
[5214]OPENING, CLOSING AND MAINTAINING
[5215]DOMESTIC SECURITY CASES IN PENDING STATUS
[5217]FBI authority to investigate domestic security
[5218]cases. is derived from numerous criminal statutes and
[5219]Presidential Directives and Executive Orders concerning
[5220]internal security and employee loyalty matters. Procedurally,
[5221]the Bureau opens, continues, and closes such cases on
[5222]the basis of these legal considerations.
[5224]Upon receipt of a fact situation from any
[5225]cf a myriad of sources, an Agent must necessarily make
[5226]a judgment as to whether this situation appears to fall
[5227]within the scope of FBI jurisdiction.
[5229]More specifically, domestic security investigations
[5230]are initiated when allegations clearly indicate a person,
[5231]either as an individual or as a member of a group, acts
[5232]to unlawfully alter the Government in violation of the
[5233]Smith Act, the Rebellion or Insurrection Statute, the
[5234]Seditious Conspiracy Statute, or other related enactments.
[5235]Special emphasis is placed on those engaged in violent
[5236]furtherance of such illegal acts. A full investigation
[5238]continues so long as these indications of illegal activity
[5239]exist.:
[5241]When allegations do not clearly indicate
[5242]that activities. on the part of an individual fall within
[5243]this jurisdictional area, self-imposed regulations require
[5244]that a "preliminary investigation" be conducted. This
[5245]inquiry consists of obtaining information from established
[5246]sources (such ‘as records maintained by police departments,
[5247]local governments, and private agencies); informants;
[5248]public source information; and FBI records. These investi~
[5249]gations are limited to 90 days during which an honest
[5250]‘effort is made to distinguish as soon as possible between
[5251]legitimate political activity and illegal acts. If
[5252]more than 90 days are required to resolve this question, |.
[5253]authority to exceed this period must be obtained from
[5254]FBI Headquarters. In seeking this extension, a full
[5255]statement must be made of the allegation, the jurisdictional
[5256]authority involved, and facts that appear to justify
[5257]the continuance.
[5259]NW 88296 Docld:32989532 Page 76
[5262]@ 4
[5264].
[5266]When an allegation is received that a group
[5267]may fall within existing jurisdictional criteria, FBI
[5268]Headquarters is immediately notified and a "preliminary
[5269]investigation" along the lines already indicated is
[5270]undertaken. Again, approval from FBI Headquarters must
[5271]be obtained to continue this "preliminary investigation"
[5272]beyond 90 days to resolve whether jurisdictional standards
[5273]are met. If met, a full investigation is conducted
[5274]upon approval by FBI Headquarters.
[5276]Internal security investigations are also
[5277]conducted on the basis of specific instructions from
[5278]the Attorney General (pursuant to Presidential Directives)
[5279]to the Director of the FBI. Until the instruction is
[5280]complied with, these matters remain pending.
[5282]Every effort is made to maintain proper
[5283]administrative control over domestic security investigations
[5284]and to insure full compliance with the law. In this
[5285]regard, Bureau rules require Agents to limit investigations
[5286]to relevant matters. Supervisory personnel in the Field
[5287]and at FBI Headquarters review the progress and relevancy
[5288]of these investigations, and reports are forwarded to
[5289]the Department of Justice. Agents also receive legal
[5290]instruction on a continuing basis in order that they
[5291]may be fully able to recognize relevance and safeguard
[5292]individual rights.
[5294]These Bureau procedures have been devised
[5295]in an honest effort to carry out with maximum effectiveness
[5296]and propriety our vital domestic security responsibilities.
[5297]Over the years, the FBI has handled these responsibilities
[5298]and protected the domestic security of our Nation with "
[5299]great dedication and, I believe, with great distinction.
[5300]“We will continue to vigorously carry out these duties
[5301]with all due regard for individual rights and liberties.
[5302]I believe the procedures I have outlined are in full
[5303]accord with this purpose.
[5305]| NW 88296 Docid:32989532 Page 77
[5308]. 4 OPTIONAL FORM NO. 10 > 5010-105 " °
[5309]. G3A GEN, AEG, NO. 27 @ @
[5310]’ UNITED STA GOVERNMENT
[5312]Assoc. Dir.
[5313]Dep. AD Adm, __
[5315]Memorandum ors
[5317]» Admin.
[5319]Comp. Syst.
[5321]TO : Mr. J. B. Adams we pare: “4/1/75 Ext. Affairs
[5323]Files & Com.
[5325]Gen. Inv,
[5326]Ident.
[5328]Inspection
[5330]FROM : Mr. W.R. Wannall; i wiNe Z% / C Th Intell.
[5331]“a 4. ne 7 ‘elect fig f i i] v/ Laboratory ___
[5333]Plan. & Eval. _
[5334]Spoc. Inv.
[5335]U sunpecr: CONGRESSIONAL ‘TES TESTIMONY = a ee a
[5337]cal i Training
[5339]Lega! Coun.
[5340]Telephone Rm. _
[5341]Director Sec'y —_
[5343]The purpose of this memorandum is to enclose a paper concerning
[5344]the opening, closing, and maintenance of domestic security cases in pending
[5345]status requested as set forth in memorandum to Mr. Callahan from Mr. Adams
[5346]of the same caption, dated 3/7/75. G2-//6Y3G-SS
[5348]Referenced memorandum instructed that the paper was to be non- Le
[5349]technical arid in a form easily understood for purposes of argument. Legal .
[5350]Counsel Division and writers in the External Affairs Division are to be contacted
[5351]to coordinate legal aspects and preparation of final paper, respectively .
[5353]eye
[5355]. &
[5358]al
[5360]~ Legal Counsel Division review attachment for legal considerations.
[5362]~S External Affairs Division review for preparation of final paper.
[5364]“ oh,
[5366]S Enclosure Qe a
[5367]~ ALL: vb “3 9 Pp
[5369]S (9) as
[5370]x8 1-Mr.N. P. Callahan 10
[5372]SS 1-Mr. 3. B. Adams
[5374]x g? 1-Mr. T. J. Jenkins, ,1-:
[5376]8 l-Mr.D.W. Moore, Jr. me
[5378]AY 1-Mr.J.A.Mintz
[5380]8) 1- Mr. W. R. Warinall Regs oe
[5381]‘3 1-Mr. A.B. Fulton yy
[5383]1-Mr.A.L. Lacey, dre * L
[5385]3 FC 62 - GBPS —/ wa
[5387]x | Ww.
[5390]‘ SB RAY 15 1976
[5391]oa Cage
[5393]‘S 2
[5396]4
[5397]toe
[5398]‘om
[5403]NW 88296 Docld:32989532 Page 78
[5406]DISSERTATION ON PROCEDURES FOR
[5407]OPENING, CLOSING AND MAINTAINING
[5408]DOMESTIC SECURITY CASES IN PENDING STATUS
[5410]The FBI opens, continues pending investigation, and closes
[5411]domestic security cases based on legal considerations. The Bureau is charged
[5412]with the investigation of violation of numerous criminal statutes, as well as
[5413]duties imposed by Presidential Directives and Executive Orders concerning
[5414]internal security and employee loyalty matters,
[5416]The procedure for handling such investigation is dictated by
[5417]the facts and circumstances of each case. Upon receipt of a fact situation from
[5418]any of a myriad of sources, the Agent must necessarily make a judgment to
[5419]\b determine whether these facts reasonably indicate an activity falling within
[5420]; the scope of the FBI's jurisdiction.
[5422]Domestic security investigations are initiated regarding individuals
[5423]when allegations establish that he, individually or as an active group member,
[5424]acts to unlawfully alter the Government in violation of the Smith Act, the
[5425]Rebellion or Insurrection Statute, the Seditious Conspiracy Statute, or other
[5426]» related enactments. Special emphasis is placed on those practicing action
[5427]se) or violence in furtherance of their goal. If the allegation shows facts clearly
[5428]within the scope of these statutes, a full investigation is conducted and continues
[5429]so long as facts exist to indicate a reasonable possibility that these ends could
[5430]be achieved.
[5432]“)9-2
[5434]In some instances, allegations regarding the individual do not
[5435]clearly fall within the scope of authority, Self-imposed restraining regulations
[5436]require that such inquiry be limited to a "preliminary investigation" consisting
[5437]of contacts for informational purposes only with established sources, such as
[5438]police bureaus, records departments of local governments, and private record
[5439]sources; informants; public source information; and Bureau records. These
[5440]investigations are limited to 90 days. An carnest effort is made to distinguish
[5441]as soon as possible between mere unorthodox political views or dissent on the
[5442]Assoe. Die. one hand and revolutionary and/or criminal activity on the other. If to exceed
[5444]Dep. AD Adm. 99 days, a report is made to FBI Headquarters specifically stating the allegation,
[5445]oe.” the jurisdictional authority and such facts as would justify continuance of the
[5447]Asst. Dir.:
[5448]Admin, investigation. A concurrence of Headquarters is necessary for continuance.
[5450]Comp. Syst. _.
[5452]Ext. Affairs —_
[5454]Files & Com. When an allegation is received that a group may fell within the
[5455]ne “7 jurisdictional criteria, Headquarters is immediately notified and investigation
[5457]Ident.
[5458]is limited to the "preliminary investigation" as described above. Any investi- wey
[5460]Inspection
[5461]Intell,
[5462]Laboratory .
[5464]on. Val. } in Sor ‘
[5465]Spee, ALL vb + Q a a SEE NOTE PAGE TWO
[5467]any’ . tbe Bp
[5469]it
[5472]Sue
[5474]AGL INFORMATION CONTAINED Cts .
[5476]HORIIN 13 UNOLASSIPIED
[5480]Training
[5482]Legal Coun.
[5484]Telephone Rm. —
[5486]‘ . ay
[5487]Director Sey. «MAIL ROOM(_] ‘TELETYPE uNIT [__] aad i 4 o asin aes
[5488]NW 88296 Docld:32989532 Page 79 2. 7 LOS.
[5494]gation beyond that is made only upon approval by Headquarters. If such
[5495]continuance is approved, investigation continues to resolve whether juris-
[5496]dictional standerds are met. If met, and Headquarters' approval obtained, a
[5497]full investigation is conducted.
[5499]Apart from these situations, specific instructions from the Attorney
[5500]General, pursuant to Presidential Directives, to the Director of the FBI concerning
[5501]matters of internal security are the basis for investigations. Until the instruction
[5502]is complied with, these matters remain pending.
[5504]Bureau rules require an Agent to limit investigations to relevant
[5505]matters. Field office and Headquarters supervisors review the progress and
[5506]relevancy of investigations and reports are forwarded to the Department of
[5507]Justice. The FBI is ever aware of and controlled by court decisions interpreting
[5508]the law. Agents receive continuing legal instruction in order to recognize relevance
[5509]and the rights of persons under the law.
[5511]These regulatory procedures are the means by which the FBI
[5512]implements the responsibilities imposed by the statutes, Presidential Directives,
[5513]and orders of the Attorney General. An examination of the domestie security problems
[5514]confronting this Nation would reveal that, as early as 19386, concern arose over
[5515]"Fifth Column" activities of Communists and Fascists and continued through WW IH.
[5516]This concern has evolved to other threats, through the years, such as the
[5517]foreign-dominated Communist influence in America during the Cold War,
[5518]the Ku Klux EKlan's interference with the rights of others, the turbulent
[5519]anti-Vietnom War demonstrations, the urban gheito riots, and the rise of the
[5520]racially-oriented organizations preaching revolution and their more violent
[5521]splinter groups practicing open guerrilla warfare. The FBI, charged by statute
[5522]and supplemented by Directives to investigate such matters in order to fulfill
[5523]the duty, promulgated the investigative procedure for a duel purpose. The
[5524]FBI recognizes not only the duty to investigate, to preserve the Constitution,
[5525]but the fact the Constitution delineates zones of privacy and individual liberties.
[5526]These regulatory procedures speak reasonably to both.
[5528]NOTE:
[5530]See memorandum Mr. W. R. Wannall to Mr. J. B. Adams, dated 4/1/75,
[5531]eaptioned "Congressional Testimony ," prepared by ALL: vb.
[5533]NW 88296 Docld:32989532 Page 80
[5536]7 : - om
[5537]& s oN .
[5538]. ~ ; .
[5541]DISSERTATION ON PROCEDURES FOR
[5542]OPENING, CLOSING AND MAINTAINING
[5543]DOMESTIC SECURITY CASES IN PENDING STATUS
[5545]The FBI opens, continues pending investigation, and closes
[5546]domestic security cases based on legal considerations. The Bureau is charged
[5547]with the investigation of violation of numerous criminal statutes, as well as
[5548]duties imposed by Presidential Directives and Executive Orders concerning
[5549]internal security and employee loyalty matters.
[5551]The procedure for handling such investigation is dictated by
[5552]the facts and circumstances of each case. Upon receipt of a fact situation from
[5553]any of a myriad of sources, the Agent must necessarily make a judgment to
[5554]determine whether these facts reasonably indicate an activity falling within
[5555]the scope of the FBI's jurisdiction.
[5557]Domestic security investigations are initiated regarding individuals
[5558]when allegations establish that he, individually or as an active group member,
[5559]acts to unlawfully alter the Government in violation of the Smith Act, the
[5561]Ab Rebellion or Insurrection Statute, the Seditious Conspiracy Statute, or other
[5562]Xi related enactments. Special emphasis is placed on those practicing action
[5563]or violence in furtherance of their goal. If the allegation shows facts clearly
[5564]within the scope of these statutes, a full investigation is conducted and continues
[5565]® so long as facts exist to indicate a reasonable possibility that these ends could
[5566]be achieved,
[5568]In some instances, allegations regarding the individual do not
[5569]clearly fall within the scope of authority. Self~imposed restraining regulations
[5570]require that such inquiry be limited to a "preliminary investigation" consisting
[5571]of contacts for informational purposes only with established sources, such as
[5572]police bureaus, records departments of local governments, and private record
[5573]sources; informants; public source information; and Bureau records. These
[5574]investigations are limited to 90 days. An earnest effort is made to distinguish
[5575]as soon as possible between mere unorthodox political views or dissent on the
[5576]one hand and revolutionary and/or criminal activity on the other. If to exceed
[5577]90 days, a report is made to FBI Headquarters specifically stating the allegation,
[5578]the jurisdictional authority and such facts as would justify continuance of the
[5579]investigation. A concurrence of Headquarters is necessary for continuance.
[5581]ALL INFORMATION cowrarnes’ MDRIE
[5583]EERUTIN TS UNCLASSIFIED
[5585]DATE
[5587]When an allegation is received that a group may fall within the
[5588]jurisdictional criteria, Headquarters is immediately notified and investigation
[5589]is limited to the "preliminary investigation" as described above. Any investi-
[5591]| NW 88296 Docid:32989532 Page 31
[5594]NW 882796 Docld:32989532 Page 62
[5596], @
[5598]a
[5600]gation beyond that is made only upon approval by Headquarters. If such
[5601]continuance is approved, investigation continues to resolve whether juris-
[5602]dictional standards are met. If met, and Headquarters' approval obtained, a
[5603]full investigation is conducted.
[5605]Apart from these situations, specific instructions from the Attorney
[5606]General, pursuant to Presidential Directives, to the Director of the FBI concerning
[5607]matters of internal security are the basis for investigations. Until the instruction
[5608]is complied with, these matters remain pending.
[5610]Bureau rules require an Agent to limit investigations to relevant
[5611]matters. Field office and Headquarters supervisors review the progress and
[5612]relevancy of investigations and reports are forwarded to the Department of
[5613]Justice. The FBI is ever aware of and controlled by court decisions interpreting
[5614]the law. Agents receive continuing legal instruction in order to recognize relevance
[5615]and the rights of persons under the law. ,
[5617]These regulatory procedures are the means by which the FBI
[5618]implements the responsibilities imposed by the statutes, Presidential Directives,
[5619]and orders of the Attorney General. An examination of the domestic security problems
[5620]confronting this Nation would reveal that, as early as 1936, concern arose over
[5621]"Fifth Column" activities of Communists and Fascists and continued through WW II.
[5622]This concern has evolved to other threats, through the years, such as the
[5623]foreign-dominated Communist influence in America during the Cold War,
[5624]the Ku Klux Klan's interference with the rights of others, the turbulent
[5625]anti-Vietnam War demonstrations, the urban ghetto riots, and the rise of the
[5626]racially~oriented organizations preaching revolution and their more violent
[5627]splinter groups practicing open guerrilla warfare. The FBI, charged by statute
[5628]and supplemented by Directives to investigate such matters in order to fulfill
[5629]the duty, promulgated the investigative procedure for a dual purpose. The
[5630]FBI recognizes not only the duty to investigate, to preserve the Constitution,
[5631]but the fact the Constitution delineates zones of privacy and individual liberties.
[5632]These regulatory procedures speak reasonably to both.
[5634]awh TNFORMATION conta Luu” OBIE
[5635]UAPRIN JS UNCLCSIPIED
[5639]ATE
[5641]B.
[5643]OPTIONAL FORM NO, 10 ‘ 5010-106 x . 7,
[5644]MAY 1962 EDITTON 8 o
[5645]G84 GEN. REG..NO. 27
[5647]UNITED STATES Gi RNMENT g , Assoc. Dir.
[5649]1 - Mr. J. B. Adams Boe A fas
[5650]Memorandum bo Me J. Be Adams soit
[5651](Enclosures - 2) cine
[5652]MR. J. B. ADAMS paTE: May 7, 1975 Z Princo =|
[5653]ye OT en. Inv. 7
[5654]ie 1 - Each Assistand™ j Non, Ky
[5655]FROM :LEGAL COUNSEL ‘i Director  , Axle  insrocrgn
[5656]- by Intell , i
[5658]a 1 - Mr. W. 0. Cregar Pen & Evy
[5659]SUBJECT ;SENSTUDY 75 1 - Mr. J. B. Hotis reine, S zs
[5660]we 1 - Mr, P, V. Daly Neon ™~
[5661]1 - Mr. S. F, Phillips " Director Sec’
[5663]Re my memorandum ee” va 5/5/75 enclosing a request From
[5664]the Senate Select Committee (SSC) for additional information. ths
[5665]Attached to the copies of instant memorandum for Messrs. Jenkigs} Hu
[5666]Ash, Moore, and White are copies of the referenced memorandum aiid, 1,1
[5667]its enclosure. ; Ky HP
[5669]The following is to delineate individual responsibil MAA
[5670]and assignments for securing the information requested by the SBCI{ \
[5671]Because the request covers areas of operations affécting all Yan
[5672]Divisions of the Bureau except Office of Planning and Evaluation Y Sy
[5673](OPE), it will be necessary that the very closest coordination and
[5674]maximum of coopertttion be effected in order to implement the SSC
[5676]Pool
[5678]f
[5680]. 4
[5681]request, Sy
[5682]a
[5683]In handling this request which deals primarily with A ? N
[5684]furnishing to the SSC of various Sections of the Manual of wos
[5686]Instructions and Manual of Rules and Regulations as well as infoe So
[5687]mation concerning our filing system,and particularly eppiies of agi | '
[5688]Bureau forms, we should bear in mind that there are avafllable AS ¥%
[5689]three options for considezation. One, is to give the requested
[5690]information or documents, Two, is to not furnish the documents
[5692]but merely permit their review at FBIHQ. A third option availabl&
[5694]is to set forth justifying data to support a denial of furnishing
[5696]the information er documents, Of course, in furnishing any docu-
[5697]ments, we should bear in mind the option of excising sensitive
[5699]' information, onl Sp ~_\33
[5700]4 a REC-40 (22 - ED AD
[5701]In delineating the specific responsibilities for the
[5702]various Divisions, we are designating the Division having primary
[5704]interest as the one ste irepare the necessary material and are
[5705]62-116395 ‘3 3S MAY TN075
[5708]Cie ‘ad -
[5709](20) -™ / CONTINUED - OVER ,~,**
[5711]. “2 fash ia
[5712]% G MAY 22 1975
[5714]—_ so
[5715]ra on
[5716]ers a
[5720]NW 88296 Docld:32989532 Page 83
[5723]4
[5724]. >
[5726]Memorandum to Mr. J. B. Adams
[5727]RE: SENSTUDY 75
[5729]62-116395
[5731]indicating in most instances what other Divisions would have
[5732]an input to furnish the primary Division. Even if auxiliary
[5733]Divisions are not designated for input purposes, if the primary
[5734]Division desires the views of another Division, it should obtain
[5736]same prior to preparing the material,
[5738]following
[5740]Section
[5742]4
[5744]8R
[5746]NW 88296 Docld:32989532
[5748]Because of the involved coordination necessary, it is
[5749]requested that each Division except OPE designate a representative
[5750]to appear at a conference at 10:00 A.M. Friday, 5/9/75, in the
[5751]Intelligence Division Conference Room, Room 4017, JEH Building,
[5752]where the details for preparation of the necessary material will
[5753]be discussed.
[5755]The following are the assignments corresponding with the
[5756]4/30/75 SSC memorandum and its appendices which deal with four
[5757]main requests,
[5759](1) The portion dealing with Superseded Sections of
[5761]the Manudl of Instructions will be handled by the Training Division
[5762]which will gather all of the necessary information from Bureau files
[5763]after which Intelligence Division will review and make a final
[5764]determination as to the necessary response to the SSC,
[5766](2) Concerning Sections of the Manual of Instructions
[5767]Not Previously Produced and the corresponding Appendix B, the
[5769]assignments are made.
[5771]Subject
[5773]Surveillances and Raids
[5775]Data Processing Section,
[5776]Computer Systems Division
[5778]Page 84
[5780]Assignment
[5781](Training Division with input
[5782]to be supplied by’ the three
[5783]investigative Divisions. Note
[5784]should be taken that this Section
[5785]was previously made available to
[5786]G&O in connection with its audit
[5787]of Bureau operations.)
[5789](Computer Systems Division)
[5791]CONTINUED - OVER
[5797]Memorandum to Mr. J. B. Adams
[5798]RE: SENSTUDY 75
[5800]62-116395
[5801]Section Subject
[5803]19 Applicant and Employee
[5804]Investigations Conducted
[5805]for Other Agencies
[5807]23 ’ Bomb Threats, Explosives
[5808]and Incendiary Devices
[5810]27 Civil Rights
[5812]28 Civil Rights Act of 1964
[5814]29 Conspiracy
[5816]75 Neutrality Matters
[5818]78 Passports and Visas
[5820]90 Selective Service Act
[5822]102 Coordination with Other
[5823]Government Agencies
[5825]103 Foreign Police Coopera-
[5828]134 Assaulting the President
[5829]of the United States and
[5830]Threats to the President
[5831]of the United States
[5833]136 Antiriot Laws
[5835]144 Police Killings
[5837]146 Protection of Foreign
[5839]Officials and Official
[5841]Guests of the United States
[5845]NW 88296 Docid:32989532 Page 65
[5847]Assignment
[5849](Special Investigative Division)
[5850](SID)
[5852](Intelligence Division) CINTD)
[5853](General Investigative Division)
[5854](GID)
[5856](GID)
[5858](GID with input from INTD and
[5859]‘SID)
[5861]CINTD)
[5862](GID)
[5864](SID)
[5866]' CINTD with input from GID and
[5868]SID),
[5870]CINTD)
[5872](GID)
[5874]CINTD)
[5875](GID)
[5877]CINTD with input from GID)
[5879]CONTINUED - OVER
[5881]“
[5884]7
[5885]Yr
[5887]Memorandum to Mr. J. B. Adams
[5888]RE: SENSTIUDY 75
[5890]62-116395
[5892](3) Concerning the Manual of Rules and Regulations
[5893]and Appendix C, the following assignments are made. For
[5894]Part.’ I, Section 9 - Disciplinary Matters’ (Administrative
[5895]Division). For Part: IT, Section 1 - Authority - Training -
[5896]Submission of Information (Training Division); Section 2 -
[5897]Supervision - Availability’ - Résident Agencies (Administrative
[5898]Division); Section 3 - Administration of Offices (Files and
[5899]Communications Division with input from Administrative Division.
[5900]Computer Systems Division will supply the input for 3F);
[5901]Section 4 - Communications (Files and Communications Division
[5902]with input from the following Divisions: Administrative, INTD,
[5903]GID, SID, Legal Counsel, and Computer Systems .Division) ;
[5904]Section 5 -~ Dissemination of. Information (GID with input from
[5905]INID and SID); Section 6 - Publications, Press, and Public
[5906]Contacts (External Affairs Division); Section 7 - Payments -
[5907]Property (Administrative Division with input from Computer
[5908]Systems Division); Section 8 - Miscellaneous Regulations
[5909](SID with all other Divisions except OPE furnishing appropriate
[5910]input); Section 9 - Classification - Character - Copies -
[5911]Abbreviations (Training Division with all other Divisions
[5912]except OPE furnishing appropriate input).
[5914](4) Concerning Filing System, Files and Communications
[5915]Division will handle with necessary input from Training Division
[5916]concerning the request pertaining to all Bureau Forms,
[5918]This matter must be given priority, expedite attention
[5919]by all Divisions bearing in mind that on the one hand, it is
[5920]absolutely imperative that the review and study be of high
[5921]quality, and that on the other hand, there be no delay which
[5922]could result in criticism of ‘the Bureau For | not responding promptly
[5923]to the SSC,
[5925]RECOMMENDATIONS :
[5927](1) Assignments to be handled as indicated above.
[5931]oe CONTINUED - OVER
[5932]eee,
[5935]coe e
[5937]Memorandum to Mr. J. B. Adams
[5938]RE: SENSTUDY 75
[5939]62-116395
[5941](2) Representatives of all Divisions except OPE
[5942]attend coordinating conference 10:00 A.M, 5/9/75, Room 4017,
[5943]JEH Building. ;
[5947]as
[5948]SE . pus #
[5950]NW 88296 Docid:32989512 Page 87
[5955]TO
[5957]FROM
[5959]. Inspector John B. Hotis and I met with Frederick Schwarz, General
[5961]i
[5963]| proceed in the abegegats any ees
[5967]. Mr. J. B. Adams
[5969]: Legal comet
[5971]Bonner Qunare SELECT COMMITTEE
[5973]| J
[5975]y Cn ae ‘ uo, CONTINUED - OV BR
[5977]’ NW 88296 Docld:32989532 Page 86
[5979]Assoc, Dir, __
[5980]Dep. Al
[5981]Dep. AD in¥.'
[5983]Asst. Dir.:
[5984]Admin.
[5985]Comp. Syst. —
[5986]Ext. Affairs —_
[5987]Files & Com.
[5988]Gen. Inv.
[5989]Ident.
[5990]Inspection
[5991]Intell.
[5992]Laboratory
[5993]Plan. & Eval. —
[5995]Spoc. Inv. "
[5996]Trajhin,
[5997]Leg
[5999]Telephote Rm. —
[6000]Director Sec’y —
[6002]“,
[6004]OPTIONAL FORM No, 10 $010-106
[6005]oa om Heo. net 27
[6007]UNITED STATES Mp vers
[6008]Memorandum
[6010]5/6/75
[6012]DATE:
[6016]noel’
[6018]a
[6020]_ ssn oe ps8
[6021]yi BMS pL By
[6022]eat g ol
[6024]2°)
[6026]pat
[6028]ON INTELLIGENCE ACTIVITIES
[6030]From 10:30 a.m. until 2:45 p.m. on May 6, 1975,
[6032]Counsel to the Senate Select Committee, Committee staffers Burt Wides,
[6033]Pat Shea and Mike Madigan, and CIA representatives Marvin Smith and
[6034]Walter Lloyd.
[6036]I arranged to attend this conference in an effort to resolve with: -
[6037]the Committee staff the procedures that would be followed during interyiews
[6038]of current and former FBI employees by staff representatives. Inte: iws
[6039]have beer conducted in the recent past by representatives of the-Cém rittee,
[6040]and in the absence of any general understanding as to the procedures we
[6041]have been advising those persons coming to our attention as prospective
[6042]witnesses that they may request the presence of a Bureau representative
[6043]during the interview. Committee staff members have objected to the
[6044]presence of Bureau representatives and have insisted that the interviews
[6046]representative. ~
[6048]bA-[[EZIS—- , \ “9
[6049]At the ¢ outset of the meeting today, it became clear that Schwarz,
[6050]Speaking for the members of the Senate Select Committee and for the staff,
[6051]‘was opposed to the presence of agency representatives during interviews
[6052]concerning matters which they described as "abuses.'' Schwarz explained
[6053]that the Committee has a responsibility to look into allegations of misconduct
[6054]or abuse in addition to a broader study of the jurisdiction and operations
[6055]of the intelligence community. He said that while there would be a willingness
[6056]on their part to have agency representatives present duringsiiver views eoncern- |
[6057]ing general inquiries regarding jurisdiction, they felt that it would a8
[6058]improper and would interfere with the integrity of their “investight 978
[6059]third parties were present during interviews concerning misconduct ems |
[6061]if
[6064]1 - Mr. Wannall =
[6065]1 - Mr. Hotis
[6066]1 - Mr. Mintz
[6068].
[6070]“.
[6072]Memorandum to vA cams @
[6073]Re: Senate Select Committee, etc.
[6075]Schwarz offered as an alternative that the agencies would be
[6076]advised of the identity of persons to be interviewed and that prior to
[6077]the interview the agency would contact the witness to explain the authority,
[6078]the security arrangements made by the Committee for the protection of
[6079]information, to authorize the witness to answer questions where the
[6080]witness was bound by a secrecy agreement, and to caution the witness
[6081]concerning matters of a sensitive nature which should be deferred for
[6082]discussion with members of the Committee or with the Chairman of the
[6083]Committee.
[6085]I pointed out to Schwarz that unless the FBI was given notice
[6086]as to the specific subject matter of the interview to be conducted, we would
[6087]find it most difficult to intelligently assess the sensitivity of the information
[6088]that might be furnished by the witness. The CIA representatives expressed
[6089]great alarm that an interview ‘could disclose information without some
[6090]prior assessment of the potential damage to intelligence collection techniques
[6091]and sources.
[6093]As to these points, Schwarz stated that he would discuss with the
[6094]members of the Committee a revision of their nitial proposal that
[6095]would include notice to the agency of the identity of a person to be interviewed
[6096]plus a generic description of the subject matter of the interview followed by
[6097]a contact by the agency with the prospective witness to assess the sensitivity
[6098]of the information and to advise the witness of areas of inquiry that must be
[6099]deferred for special handling by designated members of the Committee or
[6100]of the Commiitee staff. Following that contact the Committee representative
[6101]would proceed to conduct the interview with the understanding that the agency
[6102]representative would be near-by and immediately available for consultation
[6103]should the witness have concern as to the degree of sensitivity of
[6104]information he was being asked to furnish. At the conclusion of the
[6105]interview, the Committee would make available to the agency a summary
[6106]of the notes taken during the interview but a transcription of the interview would
[6107]not be made available either to the agency or to the witness interviewed.
[6109]Schwarz stipulated that there may be occasions when the Committee
[6110]would reserve its right to interview an individual, whether a current employee
[6111]or a former employee, in secret in order to protect the interview or to insure
[6112]the completeness and accuracy of his information. I asked Burt Wides
[6113]whether they had any basis for that concern and he indicated that they
[6114]did have such a basis, but declined to specify the details.
[6116]-2- CONTINUED - OVER
[6118]q NW 88296 Docid:32989532 Page 83
[6121]a
[6125]Memorandum to Mr. Adams
[6126]Re: Senate Select Committee
[6128]Inspector Hotis asked whether the on-going interviews
[6129]would be delayed pending resolution of the differences concerning
[6130]procedures. Schwarz replied that the interviews will proceed due to
[6131]time factors. I then requested Schwarz to expedite his discussion
[6132]with the members of the Committee, to state their proposals in writing
[6133]in order that we could review them in specific detail, and to let me
[6134]know as soauas their proposal as approved by the Committee was available
[6135]for discussion. He agreed to do so and said that probably this could
[6136]be accomplished by Thursday, May 8, 1975.
[6138]OPINION
[6140]It was my impression in dealing with Schwarz that he is making
[6141]an honest effort to conduct the Committee inquiry reasonably and that he
[6142]is concerned about the public acceptance of the Committee's final product.
[6143]His concerns about the integrity of the investigation are similar to those
[6144]thatEwould express about an FEL investigation. His insistence that
[6145]interviews of individuals concerning possible misconduct be done alone
[6146]with the witness appear to me to be reasonable to insure the integrity
[6147]of their investigation. The compromise we discussed (they would identify
[6148]the witnesses to us prior to interview and tell us the proposed subject
[6149]matter of the interview and allow us to consult with the witness prior to
[6150]interview) seems to be a practical solution to our mutual problem. This
[6151]solution is not as acceptable to CIA due to their greater need for
[6152]protection of their covert operations, sources and methods. The Committee
[6153]has available to it the subpoena power, the authority to conduct public
[6154]hearings, and a good deal of support by public opinion. Therefare, I
[6155]conclude that the Committee is likely to discover the full details of
[6156]events concerning which they inquire whether the FRI cooperates or
[6157]appears to be reluctant. As to those areas of legitimate concern because
[6158]of their sensitivity in terms of productianof informants or sources and
[6159]methods of gathering national security intelligence, the Bureau can
[6160]properly expect an opportunity to provide protection for the information.
[6162]If the procedures suggested above are operated in good faith
[6163]on both sides, the Bureau would be given notice as to the subject matter
[6164]to be discussed prior to the interview and research could disclose the
[6165]areas of sensitivity and “appropriate action taken to caution the witness
[6166]against disclosure of such information.
[6168]-3- CONTINUED - OVER
[6170]_ NW 88296 Docid:329895132 Page 90
[6173]r _ ;
[6175]® Y
[6176]Memorandum to Mr. Adams
[6177]Re: Senate Select Committee
[6179]RECOMMENDATIONS:
[6181]1. That until procedures are established with the
[6182]Committee the Bureau continue its present practice of advising prospective
[6183]witnesses upon their request that they have a right to consult with a
[6184]Bureau representative during interview.
[6186]2. That further discussions of this matter with the Committee
[6187]await the receipt of their proposed guidelines in writing after approval by
[6188]members of the Senate Select Committee.
[6190]on OM
[6191](
[6193]NW 88296 Dochd:32969532 Page 91
[6197]OPTIONAL FORM NO. 10 al 5010-106
[6199]MAY 1962 EDITION aa
[6200]“GSA GEN. REG. NO, 27 Me
[6202]UNITED STATES GOVERNMENT Acree “Dir ai
[6203]Dep/AD i ,
[6204]\ Memorandum seal
[6205]: Comp. Syst. ——
[6206]A) TO : Mr. J. B. Adams paTE: 5/5/75 , ( a pet Ae —
[6207]Gen. Inv.
[6208](0k Ident.
[6209]FROM : Legal Couns is —— ; oe ; ? stection
[6210]. SMP SETaT
[6211]OQ “ Poe > ot Spec. Inv.
[6212]SUBJECT “SENATE SELECT COMMITTEE At ee th
[6213]LONINTELLIGENCE 4 (7740) “SSS Hone
[6215]This morning the Director asked me to inquire into the status
[6216]of our understanding with the Senate Select Committee as to whether FBI
[6217]representatives would or would not be present at interviews of former
[6218]Bureau employees or current Bureau employees. The Director was
[6219]concerned that the presence of a Bureau representative could be criticized
[6220]as an attempt-to interfere with the Committee's inquiries. I assured the
[6221]Director that the purpose of such representatives being present was to
[6222]assist the interviewer and the witness in determining areas of inquiry
[6223]of particular sensitivity or that might concern a current Bureau operation.
[6224]The Director agreed that such was an appropriate reason for the presence
[6225]of a Bureau representative and asked me to consider preparing a letter
[6226]addressed to Senator Church stating our desire to make available a Bureau
[6228]f
[6230]representative and the reasons forthe presence of such a Bureau representative.
[6232]As a result of a conference with representatives of CIA, i
[6233]Roderick Hills of the White House Counsel staff, and others, it was Z
[6234]determined that Walter Lloyd of the CIA Legal Staff would continue om
[6235]negotiations with the Committee in behalf of the entire intelligence
[6236]community to develop procedures concerning the interview of witnesses
[6237]and the presence of agency representatives at such interviews. Mr. Lloyd
[6238]was scheduled to meet with Frederick Schwarz, Counsel to the Committee,
[6239]on Tuesday, May 6, 1975, to discuss such arran; ie 398 -~/B
[6241]1049
[6242]I sonedyhe st pont EG ae the Deputy Rules General
[6243]and met with him at 5:00 p.m. on May 5, 1975, accompanied by
[6244]Inspector John B. Hotis. I told the Deputy of our concern that the
[6245]interviews by the Senate Committee are continuing even though no
[6246]understanding has been reached by the Committee and_the intelligence
[6247]community. I told the ‘Deputy that the Director would like to have some
[6249]3 MAY 13 1975 ,
[6250]1 - Mr. Wannail ‘ un
[6251]1 - Mr. Hotis 6 pb
[6252]1 - Mr. Mintz
[6253]JAM:mfd (5) CONTINUED - OVER
[6256]8 4 MAY 21 1975
[6258]NW 882796 Docld:327989532 Page 92
[6261]-
[6262]- q . F
[6264]Memorandum to Mr. Adams
[6265]Re: Senate Select Committee on Intelligence Activities
[6267][formal understanding with Senator Church as to the Bureau's position
[6269]in regard to such interviews. I reminded the Deputy that our sole concern
[6270]was to make a representative available to assist in the interviews
[6272]in the event they touched upon sensitive areas and by no means was our
[6273]interest to be understood to be an effort to interfere with the Senate
[6274]Committee's inquiries.
[6276]The Deputy said he fully understood our position and agreed.
[6277]He asked me whether I would be willing to agree to hold off on formal
[6278]notification to Senator Church until the negotiations to be conducted by
[6279]Mr. Lloyde could be concluded. I told the Deputy I would agree to that
[6280]on the condition that I and also Inspector Hotis would participate in the
[6281]discussions by Lloyd with the Committee representatives. The Deputy
[6282]Attorney General said that he fully concurred in my condition and if there
[6283]developed any difficulty in making such arrangements, he would assist
[6284]in seeing that it was accomplished.
[6286]Inspector Hotis advised that Schwarz, the Committee counsel,
[6287]has arranged a meeting on Wednesday morning, May 7, 1975, with
[6288]Assistant Attorney General Scalia of the Office of Legal Counsel of the
[6289]Department. We will also be represented at that meeting.
[6291]The Deputy Attorney General told me that he had been advised
[6292]by Schwarz that a former Bureau Agent, Leo Clark, had objected to the
[6293]fact that a Bureau representative had contacted him and had indicated a
[6294]willingness to be present during Clark's interview by the Committee.
[6295]I again assured the Deputy that our sole purpose in contacting Clark was
[6296]to be available in the event a Bureau representative was needed to discuss
[6297]matters of a sensitive nature or matters concerning current Bureau operations.
[6298]The Deputy said he understood and Clark's complaint was likely the result
[6299]of a misunderstanding.
[6301]RECOMMENDATION: |
[6303]For information. nt v4
[6307]NW 88296 Docld:32989532 Page 93
[6310]2-Mr. S. F. Phillips
[6312]May 14, 1975
[6314]O
[6315]MATERIAL FOR SENATE SELECT COMMITTEE (SSC)
[6316]INVESTIGATING INLELLIGENCE ACTIVITIES
[6317]oo 1. TITLE/SUBJECT: Legal Authorities of the FBI
[6318]2. ORIGINATING ORGANIZATION: FBI
[6320]3. NATURE OF MATERIAL: Letterhead memorandum (LEM)
[6321]with enclosures deseribed belov.
[6323]4, DOCUMENT CLASSIFICATION: Unclassified
[6324]5. MATIONAL SECURITY INFORMATION STAMP: NA
[6325]6. SUMMARY OF CONTENTS:
[6326]In response to a request from the SSC for certain
[6327]documents and other information, an LHM was submitted as a
[6329]eover comminication to furnish the SSC copies of the follotring
[6330]documents,
[6332]1. An internal FBI memorandum dated 5/16/72 ( |
[6333]captioned "FBI Jurisdiction; Criminal Intelligence
[6334]Information."
[6336]POLAG
[6338]\e -_ ‘ . a
[6339]" 2. &a internal FBI memorandum dated 5/18/72 ¢ ans Shuts
[6340]h Boa captioned "FBI Authority in Domastic Intelligence hy ee
[6341]a Matters." ¥ in va
[6343]ALL YNVORNATTION COUTAL
[6344]13 VOLTS OVEN
[6346]TIRE
[6347]DL
[6349]3. A study on subversion prepared for former
[6350]Acting FBI Director Louis Patrick Gray IIT dated 5/19/72.
[6352]Assoc. Dir.
[6354]Dep. AD Adm, — 4. A memorandum from the Director of the FBI to
[6355]were the Attorney General dated 8/7/73 recommending the
[6357]Amine ———— issuance of an Executive Order concerning the conduct
[6359]Ce ee TD of domestic intelligence investiga atig
[6361]Files & Com. EC-109% ae Mos Chew 1. 20
[6363]Gen. Inv. __ §2- 116395
[6365]Ident. ”
[6366]Insrection — tion SFP eke, CH) @ MAY 161975. “ a 6 Le "9
[6367]aboratery Ne i
[6368]mee SR = SERNOTEARAGE TWO *
[6370]Spec. Inv.
[6372]A
[6374]Training
[6376]Legal Coun.
[6378]Telephone Rm.
[6379]Director Sec'y. MAIL ROOME_] TELETYPE uNITC]
[6381]nvBsdishliosids4945532 Page 94
[6383]GPO 934-546
[6386]7.
[6387]8.
[6389]9.
[6391]Lo.
[6393]Ll.
[6395]NOTE:
[6399]REQUESTER/DATE OF REQUEST: 58C, 3/19/75
[6400]RELEASING AUTHORITY: FBI
[6402]DATE OF SUBMISSION: 4/22/75
[6404]LOCAZION OF FILE COPY: FBI file 62-116395-83
[6406]RELATION TO ITMTELLIGENCE COMMUNTIY PROBLEMS: None.
[6408]Original via liaison to Central Community Index in
[6410]connection with Senstudy 75.
[6412]— NW'88296 Docld:32989532 Page 95
[6415]OPTIONAL FO NO, 10 ‘ 5010-106
[6416]MAY 196% EDITION
[6417]GSA GEN, REG. NO. 27
[6419]UNITED STATES GOVERNMENT Assoc. Dir.
[6421]Memorandum £
[6423]A
[6424]c.
[6426]p. Syst.
[6427]Ext. Affairs
[6429]TO : Mr. J. B. Adams DATE: 5/7/75 worle:: Files & Com.
[6430]in onal Ident. —
[6431]FROM : J, I i" ORIN sso inte
[6432]Va ega, Counsel et 183 oe He Al
[6433]/ rent Pron. . Eval.
[6434]SUBJECT:“SENATE SELECT COMMITTEE ~ eens
[6435]ON INTELLIGENCE Telorife Rew —
[6436]Director lows —
[6437]At 5:05 p.m. on May 6, 1975, I &, t ite House Horype
[6439]to meet with Mr. Philip Buchen, Counsel to the President: Roderick Hills,
[6440]Associate Counsel;James Wilderotter, Assistant Counsel; Assistant
[6441]Attorney General Scalia, Office of Legal Counsel in the Department;
[6443]John Clark, Associate to the Director of CIA; Walter Lloyd and Marvin
[6444]Smith of CIA. The meeting was called by Mr. Buchen to discuss the
[6445]developments that day with regard to the proposal that agency y representa-~
[6446]tives would be present during interviews conducted by investigators of the
[6447]Senate Select Committee staff.
[6449]Ata meeting held earlier that day, the General Counsel of the
[6450]Senate Select Committee had indicated that the Committee disapproved of the
[6451]presence of agency representatives at interviews concerning alleged
[6452]"abuses. '' I explained to Mr. Buchen the alternative proposal offered by a
[6453]F.A.O. Schwarz to the effect that agencies would be furnished the identitigs!
[6454]of proposed witnesses, the subject matter of the proposed interviews, .
[6455]and permitted an opportunity to review the subject matter and’ consult wi
[6456]the witness to advise him of sensitive areas that would require special
[6457]treatment. John Clark agreed that in regard to interviews concerning
[6458]abuses, it would seem to be necessary for the Committee to proceed with the ~
[6459]interview without an agency representative present. After general
[6460]discussion of the proposal by Schwarz, the meeting con¢luded with
[6461]instructions by Mr. Buchen to Wilderotter to draft a statement that might
[6462]be incorporated into a letter to be addressed to the Committee explaining
[6463]the Administration's position.
[6465]The elements of the proposal would be that as a general
[6466]rule, agency representatives would be present during interviews concerning
[6467]matiers that were not categorized as abuses and in those exceptional cases
[6469](4 - LLG BI Kf
[6471]1 - Mr. Wannall 1 Rpev=L00 ( -
[6472]1 - Mr. Hotis 15
[6474]tn Botts MAY 13 1975
[6475]JAM:mfd (5) v
[6477]( yaaa a
[6479]argh R. “UNEL sy |
[6481]8 4 MAY 2.0 1975
[6483]_ NW 88296 -Docid:32989532 Page 56
[6485]Memorandum to Mr. Adams
[6486]Re: Senate Select Committee on Intelligence
[6488]where abuses would be the subject of interviews, the agencies would be
[6489]given prior notice of the identities of the witnesses and of the subject
[6490]matter of the interview, plus an opportunity to consult with the witness
[6491]prior to the interview. Mr. Buchen also asked that the Committee be
[6492]requested to provide a letter in each instance identifying the alleged abuse
[6493]as the subject of the interview and indicating Committee approval of
[6495]that inquiry. The objective of such a requirement would be to clearly
[6496]identify those interviews characterized as "abuses" interviews which would
[6497]require the absence of an agency representative during the actual interview.
[6499]I was also asked to contact Schwarz to insure that he would not
[6500]present to the Committee his counterproposal during the regular committee
[6501]meeting on Wednesday, May 7, 1975. The purpose of such a request was
[6502]to avoid the Committee adopting a final proposal regarding interviews
[6503]prior to the Executive having an opportunity to express its. position.
[6505]On the morning of May 7, 1975, we spoke with Schwarz, requested
[6506]him to refrain from offering his counterproposals to the Committee for
[6507]approval, and in response to his request explained to him that the reason
[6508]was that the proposals were unter discussion and it was necessary for all
[6509]agencies in the intelligence community to be involved in the determination
[6510]whether the alternative procedures would be acceptable. Mr. Schwarz
[6511]agreed to refrain from offering his counterproposals to the Committee today.
[6513]At approximately 10:25 a.m. on May ‘7th, I called Wilderotter
[6514]and asked what the progress of his preparation of the proposed letter was.
[6515]He told me that there would be no letter addressed to the Committee because
[6516]the White House did not desire to escalate this matter and go over the head
[6517]of the Committee counsel. I told him ¢ was extremely concerned at
[6518]the inaction which has resulted thus far in /f BI being in an indefensible
[6519]position in regard to interviews of former employees. I explained to
[6520]him that the Committee has not advised us of the interviews that have been
[6521]conducted and we have learned of them only by calls from the witnesses.
[6523]I told him that the interviews are still continuing because at the meeting
[6524]on May 6, 1975, we expressly requested the Committee counsel to dis-
[6525]continue the interviews temporarily until guidelines could be established
[6526]and the Commitige/expressly refused to do so.
[6528]I told Wilderotter that this morning I received a call from
[6529]John P. Mohr, former Assistant to the Director, who has broad knowledge
[6531]-2- CONTINUED - OVER
[6533]NW 88296 Docid:32969532 Page 97
[6538]NW 88296 Docld:32989532 Page 98
[6540]Memorandum to Mr. Adams
[6541]Re: Senate Select Committee on Intelligence
[6543]of FBI matters, in which Mohr told me that he has been called to be interviewed
[6544]at 10:00 a.m. on Friday, May 9, 1975, at Room G-308 in the New Senate
[6545]Office Building. Mark Gittenstein was identified as the interviewer.
[6547]I told Wilderotter this concerned me because we have no basis on which
[6549]to advise Mr. Mohr as to the appropriate guidelines that may be followed
[6551]during the course of such an interview and in the absence of knowledge of
[6553]the subject matter of the interview we have no way of counseling him as to
[6554]sensitive areas that should be deferred for discussion with members of
[6555]the Committee or with the Chairman of the Commiitee.
[6557]Wilderotter said he understood myy concern but he saw no way
[6558]in which the matter could be resolved in time for guidelines to he
[6559]established for the Mohr interview. He told me he would work on the
[6560]preparation of a position paper to be used by the White House and the
[6561]intelligence community to establish a policy that could be discussed with
[6562]the Committee.
[6564]Inspector Hotis and I then at approximately 11:10 a.m. went
[6565]to a conference already in session in the office of Assistant Attorney General
[6566]Scalia attended by representatives of the CIA, Department of Defense,
[6567]NSA, Department of State and the Department of the Treasury. The other
[6568]agencies were advised of the results of the meeting with the Senate Select
[6569]Committee staff on May 6, 1975, and a general discussion ensued as to
[6570]the willingness of the agencies to agree to interviews in the absence of
[6571]agency representatives. The representatives of the State Department,
[6572]Mr. Hitchcock and Mr. Jennings, indicated that State was adamant that
[6573]interviews would not be conducted in the absence of representatives.
[6575]I spoke privately with Assistant Attorney General Scalia and
[6576]advised him of my conversation with Wilderotter and of the fact that
[6577]John Mohr had been called for interview on Friday, May 9, 1975. I
[6578]told him of my great concern that Mohr's interview would be sensitive
[6579]because of his broad knowledge of the Bureau and told him that it was
[6580]essential that appropriate guidelines be developed concerning such inter-
[6581]views as soon as possible. Scalia told me that he had just finished
[6582]speaking with Wilderotter and he sshared my concern. He then
[6583]called Wilderotter and subsequently advised me that Wilderotter said
[6584]that he, Wilderotter, would immediately contact Schwarz to request at
[6585]postponement of the interview of John Mohr pending the establishment
[6586]of guidelines. In the event he would be unsuccessful, Roderick Hills and
[6587]Philip Buchen would discuss the matter with Senator Church and Senator Tower.
[6589]-3- ‘ CONTINUED - OVER
[6592]NW 88296 Docid:32989532 Page 99
[6595],
[6597]Memorandum to Mr. Adams
[6598]Re: Senate Select Committee on Intelligence
[6600]There was a general consensus of opinion at the meeting with the
[6601]other agencies of agreeing that they would await the development of the
[6602]position paper by Wilderotter. Walter Lloyd advised that another meeting
[6603]with Schwarz and the Committee staff would be scheduled for Thursday,
[6605]May 8, 1975.
[6607]Upon my return to my office, Wilderotter called me to report
[6608]that he had been unsuccessful in having the Mohr interview postponed and
[6609]further that Schwarz had advised him that he now feels that it would be
[6610]inappropriate for agency representatives to be present at any interviews
[6611]whether they concerned abuse or whether they concerned general matters,
[6612]and further that he felt that it would be inappropriate for the agency to be
[6613]advised of the subject matter prior to the interview.
[6615]At that point, Mark Gittenstein joined the conversation with Schwarz &
[6616]Wilderotter and advised Wilderotter that he intended to interview Mohr
[6617]concerning "procedures and how paper moved in the Hoover days, "'
[6618]and this would constitute 90% of the interview. The remaining 10% of the
[6619]interview would concern Hoover's "O.C. Files.'' Further Gittenstein
[6620]mentioned that he was aware that John Mohr is the Executor of Mr. Tolson’s
[6621]estate and he may inquire concerning that matter.
[6623]Wilderotter said that there would be no further contact with the
[6624]Committee concerning the Mohr interview and that we should assume the
[6625]Mohr interview will proceed as scheduled. He said that he would suggest
[6626]the Bureau contact Gittenstein to discuss any further details regarding the
[6627]subject maiter of the interview of Mohr and that we consider discussing
[6628]with Mohr prior to the interview matters that he should not discuss with
[6629]Gittenstein. He also suggested that we debrief Mr. Mohr at the completion
[6630]of the interview.
[6632]I reminded Mr. Wilderotter that there are no guidelines by which
[6633]the White House or the intelligence community or the Senate Committee have
[6634]agreed that the FBI should make such arrangements with the witness. I
[6635]told him that I thought that the FBI would be used as a test case both by
[6636]the Committee and by the intelligence community if we undertook to
[6637]negotiate such matters directly with Gittenstein. I told him that I thought
[6638]that such direct negotiations would undermine the effectiveness of current
[6640]-4- CONTINUED - OVER |
[6643]NW 88296 Docid:32989532 Page 100
[6645]Memorandum te Mr. Adams
[6646]Re: Senate Select Committee on Intelligence
[6648]negotiations to establish broad guidelines with the concurrence of the
[6649]Committee that could be used to effectively limit the scope and manner
[6651]of interviews currently being conducted by staff investigators. I also
[6653]told him that I thought it would put the Bureau in a most difficult
[6655]posture because the intelligence community could well feel that the FBI
[6657]had brought about the loss of the opportunity to have some effective
[6659]control over Committee access to sensitive information by negotiating
[6661]our own agreement with Gittenstein. I told him that certainly the Committee
[6662]would use us as an example to other intelligence agencies and use our
[6663]experience to their detriment in establishing limitations on the interviews.
[6665]Mr. Wilderotter said that he understood my position and he
[6666]would continue to work on the policy paper. He asked to be advised of the
[6667]time the meeting is to be held with Schwarz on May 8, 1975, and I indicated
[6668]I would so advise him on learning of it myself from Walter Lloyd of CIA
[6669]who is making the arrangements. I also suggested that it would be appropriate
[6670]for Roderick Hills, Associate Counsel to the President, to be present at the
[6671]meeting with Schwarz in order to have a greater chance of resolving these
[6672]issues promptly. Wilderotter said that he agreed and would attempt to
[6673]make arrangements for Mr. Hills to be present at the meeting.
[6675]RECOMMENDATIONS:
[6677]1. That the Bureau provide a representative to be available
[6678]for consultation by Mr. Mohr as he may request on Friday, May 9, 1975,
[6679]at 10:00 a.m., in Room G-308, i Senate Office ohn
[6681]“pd ee Ve A pe
[6683]2. That until approprishe gui oe are established’ by agreement
[6684]between the Committee, the White House, and the intelligence community, the
[6685]Bureau not undertake to counsel or debrief Mr. Mohr or any other witnesses
[6686]concerning the subject matter of interview, pursuant to agreement with individual
[6687]staff interviewers.
[6689]-5- CONTINUED - OVER
[6697]* A
[6699]Memorandum to Mr. Adams
[6700]Re: Senate Select Committee on Intelligence
[6702]RECOMMENDATIONS (CONT'D):
[6704]8. That Inspector Hotis andI, if I am available, attend
[6705]the meeting with Schwarz on Thursday, May 8, 1975.
[6707]Ofer
[6708]ian
[6710]NW 88296 Dochd:32989532 Page 101
[6712]a
[6715]. . 6 6 Mr. W. R. Wannall
[6717]a Airtel - Ll» Mr. BD. We. Moore
[6718]~ . : Ll} Mr. E. Wo Walsh
[6719]bA -16375— | : - 4/18/75
[6720]a To: SAC, Buffalo (157-1681)
[6721]~ PERSONAL ATTENTION
[6722]pe From: Director, FBI ~€t57-27842) annals
[6723]. KARL, ED\ARD HAND,-JR. 1 «Mr, Ro E. Gebhardt
[6724]STREMIST MATTER « NATIONAL GUARD PARTY = -(r, J. G. Kelly)
[6725](SUDED: 4/23/75) te Mr, J. A. Mintz
[6726]ae (Mr, R. F. Olmert)
[6727]Ns d+ Mr. J. G. Deegan
[6728]nN ReBUairtel dated 4/11/75. l= Mr. W. 0. Crega
[6729]< co ‘L4 Mr, Wo D. Fallin
[6730]\ A review of the copy of subjectiis  Mtcet tbe Shyaveb
[6732]Frank Church dated 4/8/75 and allegations contained therein
[6734]eae concerning Agent personnel of your office requires prompt
[6736]<_ submission of affidavits in refutation of those allegations
[6738]EN where facts so warrant, ;
[6740]ur 4 2 * ; = s
[6741]Accordingly, and in view of the extreme likelihood
[6743]of early inquiry concerning these allegations from Senator
[6744]Church or other recipients of subject's letter, appropriate
[6745]affidavits should be drawn and submitted by airtel to FBIHQ
[6746]by the close of business 4/23/75,
[6748]ALI: TUFORMATION CONTAINED
[6750]HEREIN
[6751]DATS
[6753]In the event one or more of subject's allegations
[6754]cannot be refuted, you should make specific comment concerning
[6755]“game in your airtel enclosing these affidavits.
[6759]An extra copy of this communication is furnished
[6760]Buffalo for inelusion in its file concerning the National
[6761]Guard Party.
[6763]és ie . pot2.
[6765]aeced,___ LL» Pittsburgh oe ie
[6766]Dep. AD Adm. _
[6767]Dep. AD Inv. __ te. Lo
[6769]Asst. Dir.:
[6770]Admin.
[6771]Comp, Syst.
[6772]Ext. Affairs
[6774]cones PEN: :£bJ if
[6775]wow — (15 MANES 4”
[6776]intelf. ‘ ; See. APR 41 7 B75
[6778]Luberetory
[6779]Plon. & Evel,
[6780]Spee. lav.
[6782]i» 157-33528 (National Guard Party)
[6784]Training —__
[6786]Legal Coun.
[6788]ea f wh TELETYPE UNIT [_]
[6789]NWw'88296 becid: ANd fo ge 102
[6791]inal Filed Ty 157-2991 oo [ LL
[6793]“e
[6794]oO
[6795]4S
[6797]Or
[6800]Airtel to SAC, Buffalo
[6801]RE; KARL EDWARD HAND, SR,
[6802]157-27812
[6806]Subject is a former leader of the white hate
[6807]National Socialist White Peoples Party in Buffalo, New York,
[6808]-He presently heads an organization known as the National
[6809]Guard Party (NGP), a neo~Nazi white hate organization which
[6810]by its objectives would deny certain minority groups of their
[6811]civil rights. Referenced airtel enclosed copies of a letter
[6812]written by subject to Senator Frank Church (Democrat - Idaho)
[6813]“of the United States Senate’ Select Committee to Study
[6814]Governmental Operations with Respect to Intelligence Activities °
[6815]in which he makes complaint concerning the Bureau's investiga~
[6816]tion of his organization, himself, and with regard to the’
[6817]arrest of his coleader, William Edward Garrett, in connection
[6818]with a Federal firearms violation. Subject's letter, copies
[6819]of which were also directed to Senator John Tower (Republican +
[6820]Texas) and to the Buffalo "Courier Express," a daily newspaper
[6821]published in Buffalo, charges the FBI in Buffalo tapped his
[6822]telephone as well as the telephones of NGP members and
[6823]supporters; threatened to "frame subject; threatened to
[6824]"eet" subject; attempted to bribe his personal friends; used
[6825]“scare” tactics against friends, relatives, employees and
[6826]businessmen who do the NGP organization's printing; threatened
[6827]- to shoot subject's dogs during arrest of William Edward Garrett;
[6828]and lied to NGP supporters and businessmen by indicating the
[6829]NGP gfoup.was planning to blow up certain buildings. Subject's
[6830], letter allegés these activities are in direct violation of the
[6831]~ NGPsorganization's constitutional rights and requests Senator
[6832]’ Church conduct investigation concerning same, Appropriate
[6833]instructions being directed to the Buffalo Division which, in
[6834]referenced airtel, indicated Special Agents involved in the
[6835]controversial arrest of Garrett have submitted memoranda
[6836]categorically denying allegations concerning the arrest, Bureau
[6837]_ files contain no information to substantiate allegations of
[6838]‘ _ subj ect,
[6842]Foes a -» 2. NOTE CONTINUED PAGE THREE
[6844]_NW 88296 Docld:32989532 Page 103
[6849]Airtel to SAC, Buffalo
[6850]~ RE: KARL EDWARD HAND, JR.
[6851]157#27842 ©
[6853]NOTE CONTINUED:
[6855]This has been coordinated with SA R, F, Olmert
[6856]of the Legal Counsel Division, Bureau deadline being imposed
[6857]in view of the nature of the allegations made and current
[6858]investigation into FBI operational activities by Sena tor
[6859]Church's committee,
[6861]= 2 - » 3 0
[6862]P ,
[6864]{NW 88296 Docid:32989532 Page 104
[6867]FO-3% (Rev. $-2%-54)
[6869]oT Baye i aan . . : * —
[6872]” se ” . F B i >
[6876]Transmit the following in - ov
[6879](Type in plaintext or code) Lt uf
[6880]Via ATRTEL AIR MAIL - REGISTERED MAIL oi i j
[6881]| (Priority)
[6884]TO: DIRECTOR, FBI (157-27812)
[6885]el GRO SAC, BUFFALO (157-1681) (P)
[6886]KARL EDWARD HAND, JR., aka >
[6888]EM - NGP Pa Jone
[6889](00: BUFFALO) OSEASTIO FT VS
[6891]Remylet, 1/23/75, captioned as above; report of
[6892]SA ROBERT N. SHAW, 10/25/74, at Buffalc, and Buffalo airtel
[6893]to Bureau, 10/31/74, both captioned "WILLIAM EDWARD GARRETT;
[6894]EM «- NSWPP; UNLAWFUL POSSESSION OR RECEIPT OF FIREARMS,
[6895]00: PITTSBURGH.“ ;
[6897]Enclosed for the Bureau are two (2) typewritten
[6898]copies and for Pittsburgh one (1) copy by Bureau secretary
[6899]of letter received by the Buffalo Division on 4/10/75,
[6900]addressed to The Honorable FRANK D. CHURCH, U. S. Senate,
[6901]Washington, D.C., dated 4/8/75, which is self-explanatory.
[6902]Buffalo unable to xerox because of poor quality of carbon copy
[6903]‘ received. Bureau's attention is drawn to the letter's distri-
[6904]bution. For the information of the Bureau, Buffalo “Courter
[6905]Express" is a dailv newspaper published at Buffalo, New York.
[6906]The letter is allegedly signed by KARL HAND, JR. Authenticity
[6907]'y of HAND's letter writing activities confirmed in conversations
[6908]Py with BU 1471-E, who alertew Burfalo Office prior to receipt
[6910]IS7~ A719/2 ~ [2
[6912]Original Filed in
[6914]rg of enclosed letter. wd
[6916]For the infopnation of the Bureau, incident referred
[6919]ES to as section "F." ithe enclosed letter refers to
[6920]H 8 fo Lf dull te wer netbe ned HOT? SETA .
[6921]| yy g~ Bureau (Encls. 2) (AMRM) ne oe al
[6922]iN 1 = Pittsburgh (157-1640) (Ene. 1) (AMRM)
[6923]: 2 - Buffalo ;
[6924]t QO yo
[6925]: i) é bAMe 2.43 -
[6927]: ( bee" May 16 1975
[6928]le
[6929]EPO ES ee EN
[6930]i ; pee
[6931]Approved: Sent LM
[6933]q Special Agent in Charge
[6934]’ NW 86296 Docld:32969532 Page 105
[6937]* . .
[6938]n . . .
[6941]Panes
[6942]"a . . .
[6944]BU 157-1681
[6948]the arrest of WILLIAM EDWARD GARRETT (Bureau file 157-
[6949]22471; Buffalo file 157-1388) by Bureau Agents at Buffalo,
[6950]New York on 10/23/74 at the residence of KARL HAND, 2213
[6951]South Bailey Avenue, Buffalo, New York. GARRETT was arrested
[6952]based on. an authorized complaint and warrant at Pittsburgh,
[6953]Pennsylvania, charging GARRETT with violation of Title 18,
[6954]Appendix, Section 1202(a)(1), USC, “Possession of a Firearm
[6955]by a Convicted Felon”. [It should be noted that KARL HAND
[6957]- was not present at this arrest and GARRETT was alene in the
[6959]ouse.
[6961]In that arrest Buffalo advised the Bureau in
[6962]referenced airtel, dated 10/31/74, of the items observed by
[6963]Bureau Agents at time of arrest, which were as follows:
[6965]The front windows and door of 2213 South Bailey
[6967]Avenue are completely covered with chicken wire. There were
[6969]two large German Shepherd dogs on the premises. Upon entering
[6970]| the residence a five~gallon can was observed behind the stove.
[6971]| with approximately six axe handles. In the upstairs bedroom
[6972]there was a fully-loaded Stevens Model 77B 20-gauge shotgun,
[6973]serial mumber unknown. In the downstairs bedroom there were
[6974]i
[6976]several boxes of .22. ammunition and numerous loose 20-gauge
[6977]shotgum shelis. | .
[6979]: . It is noted that memoranda have been prepared by
[6981]: ' the SAs who participated in this arrest of GARRETT on
[6983]; - 10/23/74, including SA ROBERT N. SHAW, wherein all categorically
[6984]H deny that any attempt was made to incite GARRETT into doing
[6986]: anything against his best interests. In addition, all SAs
[6987]categorically deny any threat having been made to shoot dogs
[6989]j found on the premises. It is pointed out that GARRETT was
[6991]: alone in the house at the time of arrest and that at no time
[6993]was KARL HAND present. _-
[6995]It is also pointed out for the information of the
[6996]Bureau. that on 11/7/74, U. S. Magistrate EDMUND F. MAXWELL,
[6997]Buffalo, New York, released GARRETT and dismissed charge of
[6998]violation cf Title 18, Appendix, Section 1202(a)({1), USC.
[6999]However, on 11/8/74, the FGI, Western District of Pennsylvania
[7000](WDPA) at Pittsburgh, Pennsylvania, entered a true bill
[7001]charging GARRETT with violation of Title 18, Appendix,
[7003]a a ee ed
[7005]= 2 «= a . >
[7007]|
[7008]i
[7009]|
[7011]*_NW88296_Docld:32989532 Page 106.
[7014]me
[7016]fen he meatintahe DiS ser 5b
[7018]' and Section 924
[7020]NW, a) Docld:32989532 Page 107
[7022]BU 157-1681
[7024]Section $202(2) (2 }: USC and Title 18, Section 922(a) (6)
[7026], USC (State Firearms Control Assistance
[7027]Act). Bond recommended by AUSA, Pittsburgh was $35,000
[7028]cash or surety. __ . .
[7030]" GARRETT was again ‘arrested by a team of Agents
[7031]led by SA ROBERT N. SHAW on 11/8/74, based on aforementioned
[7032]indictment in WDPA, for Possession of a Firearm by a Convicted
[7033]Felon and for violation of the State Firearms Control
[7034]Assistance Act. At this time KARL HAND was present but the
[7035]aforementioned arrest was effected on the sidewalk in front
[7036]of 2213 South Bailey Avenue, Buffalo, New York, without
[7037]incident. ‘There were no dogs present at this time.
[7038]” No “fur ‘ther action being taken by this Office in
[7039]regards to the letter of RARL HAND.
[7041]tho ty Cre ot orret ft
[7042]t
[7043]i
[7046]OPTIONAL FORM NO. 10 5010-106 .
[7047]MAY 1962 EDITION.
[7048]GSA GEN. REG, NO, 27
[7050]UNITED-STATES GOVERNMENT Assoc. Dir,
[7051]1 - Mr. J. B. Adams AERA
[7052]Memorandum Llur. lal Mintz te
[7053]1- Mr. J. B. Hotis Admin, -
[7054]Comp. Syst.
[7055]TO: Mr. W. R. Wannala@” DATE: 4/14/75 eo Aer
[7056]; a Gen. Inv.
[7057]. 1 - Mr. W. R. Wannall ee
[7058]FROM: w. [pifoeregar 1 - Mr. L. F. Schwartz heat, Wore
[7059]J we ee 1 - Mr. W. O. gona Laboratory —__
[7061]Plan. & Eval.
[7063]sor SENsTUDY 75 ‘ Spec. Inv.
[7064]=" XAG ogee
[7066]ols phone Rm. —_
[7067]Director See’y __
[7069]This memorandum reports the results of anjExecutive
[7070]Committee Meeting of the Ad Hoc Coordinating—Group fon | Congression al
[7071]Review for the Intelligence Community on 4/11/75. Qu fh wire
[7072]end
[7073]we
[7075]a
[7077]The Executive Committee, hereinafter referred to as
[7078]EXCOM, was chaired by Mr. W. E. Colby in his role as the Director ,
[7079]of Central Intelligence (DCI). Présent at the meeting were “}
[7080]Mr. Roderick Hills, Counsel to the President; Mr. James Wilderotterh{
[7081]Associate Counsel to the President; Mr. Thomas K. Latimer, Special
[7082]Assistant to the Secretary of Defense, as well as senior officials!
[7084]S
[7085]Sa
[7087]Ra By of State Department, National Security Agency (NSA), Office of
[7088]Bf Management and Budget, and the National Security Council. {
[7089]ace Mr. Antonin Scalia, Assistant Attorney General, was scheduled aN)
[7090]| to represent the Department of Justice; however, due to a XS
[7091]BES scheduling foul up Scalia never made the meeting. Ce ;
[7093]Bm The following matters of interest were discuss at nay
[7094]Hey this meeting: i fe
[7095]3 os BW
[7096]aan SENATOR CHURCH'S: STATEMENT 3 4
[7097]"The Washington Post" edition of 4/10/75 contained the N
[7098]“results of an interview with Senator Frank Church, Chairman of Wy
[7099]the Senate Select\ Committee (SSC). According to this article, %
[7100]Church ‘stated theACommittee. reserves. the right. to make public ty
[7102]eventually any. 7 doctm ents it receives and is accepting nothing ‘
[7103]with "Strings attached. "Mr. Roderick Hills advised the EXCOM S
[7104]that he and Mr. Wilderotter had a’meeting.with SSC Staff Director,
[7106]William Miller subsequent to the Church statement. Both Hills a
[7107]and Wilderotter came away from.this meeting believing the :
[7108]newspaper report was an overstaitement of Church's intent. eo
[7110]Considerable discussion followed Mr. Hiilds' comments. Mr. Colby +‘
[7111]noted that by letter dated 3/11/75 to Senator Church he confirmed [,
[7112]a previous conversation with Senator Church wherein the Senator
[7114][ menamnedd
[7115]rd
[7117]er 64. NE 87 as ;
[7118], 13-1975 wo
[7120]Enclosures
[7122]» re MA
[7124]WOC:1mh lin h
[7126]V/ ow
[7127]bo ENCLOSURE Me" OF 1975
[7128]were Qi Aree, Page 108
[7131]Memorandum to Mr. W. R. Wannall -
[7132]Re: Senstudy 75
[7134]recognized that certain aspects of intelligence activities
[7135]must receive ‘special consideration and treatment (a copy of
[7136]Colby's letter is attached). By letter dated 3/12/75, Senator
[7137]Church confirmed the receipt of Colby's letter and again stated
[7138]that in the event the SSC inguiry touches on such sensitive
[7139]areas, Senator Church and Colby should discuss jointly what
[7140]procedures should be followed (copy of Senator Church"s letter
[7141]is attached).
[7143]Following the meeting Mr. Wilderotter advised me that
[7144]the White House will prepare a letter to Senator Church ‘recognizing
[7145]that Congress can, at its discretion, declassify material it
[7146]receives but strongly urging that such declassification action
[7147]not be taken unilaterally by the Senate Select Committee without
[7148]the approval of the agency originating the information.
[7149]Wilderotter stated that the White House expected to speak for
[7150]the Executive Branch with a strong voice and that individual
[7151]agencies should take no action regarding the Church statement —
[7152]until the White House has had the opportunity to clear the air
[7153]with Senator Church.
[7155]SECRECY AGREEMENT AND: EMPLOYEE NOTICE
[7157]Attached is a copy of a CIA employee bulletin dated
[7158]3/12/75. This bulletin relieves CIA employees from the secrecy
[7159]agreement should they be interviewed or should they have to
[7160]testify before the SSC. At the EXCOM meeting Mr. Wilderotter
[7161]suggested all agencies of the intelligence community employing
[7162]a secrecy agreement prepare such an employee notice as well as
[7163]a letter to Senator Church advising him that the individual
[7164]agency was relieving their employees from the secrecy agreement.
[7165]Mr. Colby charged the Security Committee of the United States
[7166]Intelligence Board (USIB) with preparing a draft of such a
[7167]bulletin and letter for the guidance of member agencies and
[7168]departments.
[7171]It is the opinion of Assistant Director Mintz ‘concurred (Vv
[7172]by the Intelligence Division that a general letter to all
[7173]employees from the Director releasing them from their obligation
[7174]under the FBI employment agreement concerning secrecy for
[7175]purposes of possible interviews by representatives of the Senate
[7177]-2- CONTINUED - OVER
[7179]' NW 88296 Dochd:32969532 Page 109
[7182],
[7184]‘BRIEFING OF THE SSC BY THE INTELLIGENCE COMMUNITY STAFF -
[7186]Memorandum to Mr. W. R. Wannall
[7187]Re: Senstudy 75
[7189]Select Committee would be unwise. It cannot be predicted what
[7190]level of FBI employee will be contacted for interview or whether
[7191]any employee contacted would have sufficient factual knowledge
[7193]in order to provide a full responsive reply to Committee questions.
[7194]Moreover, an employee without a full understanding of the material
[7195]being inguired about may not be aware of the sensitive nature of
[7196]the answers. that might be given.
[7198]As written, the employment agreement provides that
[7199]the burden is on the employee to determine prior to disclosure ©
[7200]whether information may be disclosed and that the Director of
[7201]the FBI is in a better position than the employee to make such
[7202]a determination. Therefore, it is the opinion of Mr. Mintz and
[7203]the Intelligence Division that if no general letter of release is
[7204]issued to all employees, any member contacted for interview may
[7205]cely upon the provisions of the employment agreement as guidelines »
[7206]for his or her appropriate response. Specifically, such an
[7207]employee would be obligated to bring to the attention of the
[7208]Bureau any such request for an interview and in addition, he or
[7209]she would be obligated to describe the general nature of the
[7210]inquiry. At such time as request for interviews are made we will
[7211]be in a better position to determine whether the employee is
[7212]the appropriate person and to evaluate the sensitivity of the
[7213]material in question.
[7215]REVIEW OF WHITE HOUSE DOCUMENTS: BY SENATORS CHURCH AND TOWER;
[7217]Mr. Hills advised that both Senators. Church and Tower
[7218]have tentatively agreed to review sensitive White House documents
[7219]the SSC is interested in in White House space. They have tenta- -
[7220]tively accepted the fact that should they believe such documents
[7221]are necessary for retention in SSC files, they will accept a
[7222]paraphrase of the original document.. This arrangement has not
[7223]been completely agreed to by Senators Church and Tower but
[7224]Mr. Hills is hopeful such an arrangement can be worked out.
[7226]Mr. Colby advised that during the week of 4/13/75 he
[7227]and Mr. John Clarke, Associate Deputy to the Director of Central
[7228]Intelligence for the Intelligence Community, will brief the Senate
[7230]-3°- CONTINUED - OVER
[7232]NW 862796 Docld: 32389532 Page 110
[7235]Memorandum to Mr. W. R. Wannall
[7236]Re: Senstudy 75
[7238]Select Committee staff on how the Director of Cental Intelligence
[7239]manages ‘the intelligence community. Later in the month, Colby
[7241]is hopeful that those senators making up the Committee will also
[7242]visit CIA Headquarters for a similar briefing.
[7244]’ KEY ISSUES
[7246]My memorandum of 4/7/75 reporting the results. of the
[7247]last EXCOM meeting identified eleven key issues which the
[7248]White House was particularly interested in (copy of the key
[7249]issues attached). As reported in the 4/7/75 memorandum the FBI
[7250]has been designated to prepare the paper entitled "Intelligence
[7251]Files and Privacy." Mr. J. Dennis Miller, Legal Counsel Division,
[7252]will prepare this paper. He will work with Mr. John Brock,
[7253]Office of the Secretary of Defense, as well as Mr. Bob McBrien
[7254]of Treasury. The White House is very interested in the preparation
[7255]of these key issue papers and has asked that the person responsible
[7256]for preparing each paper have ready a comprehensive outline as
[7257]to. how the paper will be constructed on the occasion of the next
[7258]EXCOM meeting scheduled for Friday 4/18/75.
[7260]’ THIRD AGENCY RULE
[7262]Attached herewith is a paper entitled "Third Agency
[7263]Rule" prepared by CIA's General Counsél. It is designed to
[7264]acquaint the intelligence community with a background of the
[7265]third agency rule and to insure that all members of the community
[7266]adhere to the third agency rule when responding to requests from
[7267]the Select Committees of the Congress. It is to be noted
[7268]Mr. Wilderotter expressed the hope that all agencies in the
[7269]intelligence community will respond to a third agency request
[7270]within a 48 hour deadline. Both the military and CIA felt such |
[7271]a short deadline was impossible but all indicated they would try
[7272]to provide responses within 48 hours when clearance to pass
[7273]information to the Select Committees of Congress under the
[7274]third agency rule is requested.
[7276]nw 4 = CONTINUED - OVER
[7278]| NW 88296 Docid:32989532 Page 1117
[7280]Memorandum to Mr. W. R. Wannall
[7281]Re: Senstudy 75
[7283]INTERAGENCY REGISTRY _
[7285]Attached is a memorandum from Mr. Colby to all USIB
[7286]principals dated 4/10/75 describing the establishment of a
[7287]registry to insure that the community is kept informed as to
[7288]materials which will formally be provided to the Select Committee
[7289]by all elements of the intelligence community. The Colby
[7290]memorandum notes that in order to make the registry useful it
[7291]is essential that it include the following:
[7293]File copies of documents or other materials which each
[7294]intelligence community element provides to a Select Committee
[7295]wherein the originating agency considers the material to involve
[7296]aspects of community activities. (The Bureau would have very few
[7297]items of this nature other than agreements or understandings
[7298]the Bureau might have with other elements: of the aintelligence
[7299]community.)
[7301]The second requirement of the registry is that an
[7302]abstract of each response to a Select Committee be provided to
[7303]the registry for its retention. The Bureau has already established
[7304]a procedure for providing such abstracts to the registry.
[7308]1. In light of the Church statement in "The Washington
[7309]Post™ and the subsequent conversations the White House has or
[7310]contemplates having with Senators Church and Towers. it is
[7311]recommended that we continue to disseminate all responses to
[7312]the SSC except in those sensitive matters that require close
[7313]administrative control. In those instances it is recommended
[7314]that we advise the Staff Director that such information responsive
[7315]to their request is available at Bureau Headquarters and may be
[7316]reviewed by himself or a senior staff meniber of the SSC.
[7318]-~ 5 - CONTINUED - OVER
[7320]| NW 86296 Docid:32589532 Page 112
[7323]Memorandum to. Mr. W. R. Wannall
[7324]Re: Senstudy 75
[7326]eB AN : - os oe : . a 4
[7328]a 2. That Liaison Officer Frank Schwartz, the Bureau's
[7329]representative on the Security Committee of USIB, present the
[7330]Bureau's position regarding the issuance of an employee bulletin.
[7332]yer lye yv? pf
[7334]Pie
[7336]f Ae
[7338]na 6-0
[7340]NW 88296 Dochd:32969532 Page 113
[7343]NW 88296 Dochd:32969532 Page 114
[7345]ay) pie
[7347]vies
[7349]woe, ne?
[7351]” The
[7353]“ene
[7357]c ah ok ope
[7359]s i - vot
[7360]El
[7365]CENTRAL INTELLIGENCE AGENCY
[7366]WASHINGTON, D.C. 20505
[7368]; 11 MAR 1975 *
[7369]ee 3
[7373]The Honorable Frank Church gy ge
[7374]Chairman 430" oS
[7375]Select Committee to Study Governmental er oP"'gt
[7376]Operations with Respect to Intelligence Rey a ae
[7377]Activities rang nx
[7378]United States Senate id
[7380]Washington, D. C. 20510
[7382]Dear Mr. Chairman:
[7384]This letter will
[7385]of the matters agreed
[7387]At the outset, I
[7388]personal appreciation
[7389]you and Senator Tower
[7391]confirm and reduce to writing some
[7392]upon at our recent meeting.
[7394]should like to express my deep
[7395]for the candor and helpfulness of
[7396]in that meeting and for your
[7398]sensitivity to the respective responsibilities under our
[7399]Constitutional framework of the Select Committee and the
[7400]Central Intelligence Agency in the area of your review.
[7401]For my part, I should like to renew again, for myself and
[7402]the CIA, my promise of cooperation with respect to the
[7403]important work of the Select Committee. In my judgment,
[7404]a spirit of good faith and cooperative effort is not only
[7405]necessary to enable your Committee to discharge its
[7406]responsibilities fully and expeditiously, but is indeed in
[7407]the best interests of the intelligence community as well.
[7408]I am convinced that a responsible and thorough review of
[7410]U.S. intelligence activities will serve to
[7411]CIA and enhance the public's understanding
[7412]contribution that the intelligence efforts
[7413]can make toward the goal of preserving and
[7414]; our democracy.
[7416]NW 68296 Docid:37989532 Page 115 r
[7418]vindicate the
[7419]of the important
[7420]of this nation
[7421]strengthening
[7426]I am particularly appreciative of your recognition
[7427]that certain sensitive aspects of our intelligence
[7428]/activities must receive special consideration and treatment
[7429]by the Select Committee in the course of your work. As we
[7430]discussed, such matters as the identities of our sensitive
[7431]sources, the material provided to us by cooperating foreign
[7432]intelligence services, the details of technical devices and
[7433]systems and of operational methods, the identities of certain
[7434]_,, Of our employees who could be targets of kidnapping or
[7435]assassination, the identities of American citizens and
[7436]organizations who have cooperated with U.S. intelligence, and
[7437]some additional materials the public disclosure of which would
[7438]create serious foreign policy or national security problems,
[7439]should be protected not only from exposure, but indeed from
[7440]the risk of exposure. We should also work together to protect
[7441]ertain other information which, if improperly disclosed,
[7443]/ might impair the privacy rightsiof individuals. Where these
[7444]' kinds of considerations are present, I anticipate that appro-
[7445]priate understandings can be arrived at to avoid the risk of
[7446]exposing such matters dnd at the same time to satisfy the
[7448]Select Committee's need for a full understanding of our
[7449]activities.
[7451]As I stated to you, employees of the Central Intelligence
[7452]Agency will be available to the Select Committee for staff
[7453]interviews and for testimony. As we have discussed, this
[7454]might require, in some circumstances, special arrangements to
[7455]protect the identity of particular employees whose physical
[7456]safety or future career might be placed in jeopardy by exposure.
[7457]I anticipate that suitable safeguards can be established to
[7458]avoid such dangers. I assume the Committee will make its own
[7459]arrangements with respect to ex-employees as to whom TI no
[7460]longer have the authority to direct their cooperation. However,
[7461]I am available for whatever assistance I can provide in this
[7462]regard.
[7464]As you are aware, all employees of the Central Intelligence
[7465]Agency are required to sign a secrecy agreement when they enter
[7466]on duty. This is a condition of employment, and it requires
[7467]that they keep forever secret all classified information gained
[7468]during the course of their employment. The secrecy agreement
[7469]further requires that they may not disclose classified informa-
[7470]tion, either orally or by publication, without prior authoriza-
[7471]tion from the Director of Central Intelligence. Under the
[7472]secrecy agreement, an employee's obligations with respect to :
[7473]the protection of classified information continue after his
[7474]employment with the CIA has been terminated.
[7476]NW 88296 Docld:32989532 Page 116 |
[7480]it is my desire that the secrecy agreements signed by
[7481]our employees shall not impair the necessary work of the
[7482]Select Committee. To accomplish this, and in recognition
[7483]of the security protection contemplated by the Select
[7484]Committee, f have determined that disclosure of otherwise
[7485]protected information to the Select Committee or its designated
[7486]staff members will constitute an authorized provision of infor-—
[7487]mation within the meaning of the secrecy agreements. This
[7488]letter may be used to indicate such authorization for any
[7489]Agency employee or ex-employee to furnish information to
[7490]the Select Committee or appropriate staff members on matters
[7491]which would otherwise be covered by their secrecy agreement,
[7492]but which are not among the particularly sensitive matters
[7493]such as mentioned above. With respect to those particularly
[7494]sensitive matters, different procedures are obviously neces=-
[7495]Sary. Accordingly, where any matter included in these sensi-~
[7496]tive categories would be involved in responding to the Com~
[7497]mittee, the employee should express his concern and, if
[7498]possible, propose a way of responding to the Committee without
[7499]exposing such sensitive details. If the Committee helieves
[7500]that a disclosure of those aspects is nevertheless necessary,
[7501]the matter will be discussed between the Committee and the
[7502]Agency. I am prepared to consult with the Committee at any
[7503]time to avoid difficulties in this area and quickly determine
[7504]together the appropriate course of action to be taken.
[7506]With the good faith evident in our discussions on these
[7507]matters, I believe that these arrangements will enable me to
[7508]discharge my responsibilities to protect intelligence sources
[7509]and methods from unauthorized disclosure, while at the same
[7510]time to provide the Select Committee with all the information
[7511]it needs to accomplish its task.
[7513]As we have agreed, it is in the national interest as well
[7514]as that of the Select Committee and the U.S. intelligence
[7515]community to ensure that your review proceed as smoothly and
[7516]as expeditiously as possible. Toward that end, I have in-
[7517]structed all CIA personnel to respond in a spirit of coopera-
[7518]tion.
[7520]Sincerely,
[7522]W. E. Colby
[7523]Director
[7525][ NW 88296 Docid:32989532 Page 117
[7526]Cc : -_ np
[7529]: NW 88296 Dochd:32969532 Page 118
[7531]THE DIRECTOR OF CENTRAL INTELLIGENCE
[7532]WASHINGTON, D. C. 20505
[7534]. ont ”
[7535]10 April 1975 . a
[7537]guts OH mee ae BS ? ALN
[7539]MEMORANDUM FOR: USIB Principals ~ pass.
[7540]SUBJECT: Community Aspects of Inputs to Congressional
[7542]Committees Investigating Intelligence
[7544]1. The Intelligence Community Staff, with John M. Clarke,
[7545]Associate Deputy/IC, as my representative in these matters, will
[7546]keep the Board and other appropriate officials advised as to
[7547]progress of the investigations conducted by the Senate and House
[7548]Select Committees investigating intelligence activities. In particular,
[7549]it will ensure that we are kept informed as to materials which are
[7550]formally being provided to the Select Committees by all elements
[7551]of the Community. The USIB Ad Hoc Group will assist on this
[7552]matter and provide the mechanism for regular and constant communi-
[7553]cations.
[7555]2. In response to this assignment, the Intelligence Community
[7556]Staff is establishing a registry for documentation relating to the
[7557]investigations. This registry will be a source of reference of all
[7558]responses, testimony, et cetera, provided by USIB agencies and
[7559]available to your designated representatives.
[7561]3. In order to make the registry useful to the Board, it is
[7562]essential that it include:
[7564]a. File copies of documents or other materials which
[7565]each Intelligence Community element provides to one of the
[7566]Select Committees where the originating agency*considers
[7567]the materials to involve aspects of Community activities, -
[7568]and/or which may result in follow-on queries concerning
[7569]the functioning of the Community. The availability of this
[7570]documentation will be of particular importance if it is
[7571]expected there will be subsequent inquiries relating to the
[7572]materials provided and involving elements of the Community
[7573]other than the originating element.
[7576]b. An abstract of each formal input to a Select
[7577]Committee - unless the Intelligence Community registry
[7578]is provided with an actual copy of the material itself,
[7580]A proposed format for such abstracts is attached.
[7582]LL
[7584]al Yr
[7586]W. E. Colby
[7588]Attachment:
[7589]As stated
[7591]NW 88296 Docld:32989532 Page ~~ , a 7 _
[7594]NW G8296 Docki22589532 Page 120
[7596]EMPLOYEE
[7597]BULLETIN
[7599]No, 442 12 March 1975
[7601]Senate Select Committee To Review
[7602]_- U.S. Intelligence Activities
[7604]Senate Resolution 21 established a Select Committee of the
[7605]Senate to review U.S. intelligence activities. The Resolution calls
[7606]for a comprehensive review of the total U.S. intelligence effort
[7607]and is not restricted to the recent charges and allegations against
[7608]CIA alone. Consequently, it is likely to be far-ranging in its impact.
[7610]It is in all of our interests to see that the Select Committee
[7611]receives full understanding of our activities and their contribution
[7612]to the country as expeditiously as possible. I have every confidence
[7613]that the inquiry will be responsible, and constructive, and will pro-
[7614]duce new understanding of, and improvements in, the American
[7615]intelligence system.
[7617]It is with this conviction that I have pledged my personal coop-
[7618]eration and that of the CIA. I have advised Senators Church and Tower,
[7619]the Committee Chairman and Vice Chairman, that employees of the
[7620]CIA will be available to the Select Committee for Staff interviews and
[7621]for testimony. We are working with the Committee Staff to design
[7622]procedures to facilitate their work in examining topics of concern.
[7624]Attached to this bulletin is a letter which I have sent to Senator
[7625]Church. To facilitate the necessary work of the Committee and in
[7626]recognition of the security protection contemplated by the Committee,
[7628]I have determined that disclosure of otherwise protected information
[7630]to the Select Committee or its designated Staff members will constitute
[7631]authorized provision of information within the meaning of the Secrecy
[7632]Agreements signed by each CIA employee, subject to the special proce-
[7633]dures and limitations set forth in the letter regarding particularly
[7634]sensitive matters. Senator Church has agreed that reference to sensi-
[7635]tive data in any Committee report will be subject to consultation between
[7636]the Committee and the Agency.
[7639]The cooperative spirit of our relationship with the Committee
[7640]and its Staff must at the same time take account of the rights of
[7641]Agency employees. The Committee Staff has agreed to advise
[7642]employees of their Constitutional rights at the beginning of any
[7643]interview or other appearance.
[7645]When a current Agency employee is selected to be interviewed
[7646]by the Select Committee Staff, the Staff Director or Chief Counsel
[7647]will normally notify Mr. John M. Clarke, who is my principal
[7648]liaison with the Committee and its Staff. Mr. Clarke, in turn, will
[7649]notify the employee. The purpose of this is in no way to inhibit the
[7650]work of the Committee. It is intended to allow time for the employee
[7651]to gain general legal guidance if he wants it, and to obtain security
[7652]guidance from an appropriate senior officer.
[7654]My own belief is that after a careful review of all U.S, intelli-
[7655]gence activities, the Committee will address needed legislative
[7656]changes and will reaffirm their confidence in the importance and
[7657]contribution of U.S. intelligence programs.
[7659]W. E. Colby
[7660]Director
[7664]DISTRIBUTION: ALL EMPLOYEES
[7666]NW 68796 Docld:37989532 Page 171
[7668]. Seals
[7670]Ea Deen
[7672]Issues Identified
[7675]1. Economic Intelligence and National Security -- TTKELELRY
[7677]new discussion, ’ CIA
[7678]2. Covert Action and the Law, CIA vVOSD_
[7680]3. The Intelligence Budget ~~ open, block or
[7681]closed -- notional procedures for handling
[7682]past, present and future. OMB *
[7684]4. Joint Congressional Oversight Committee
[7685]for Intelligence. : CIA and OSD
[7687]5. GAO and the Audit Authorities of U.S.
[7688]Intelligence Agencies. CIA and OSD
[7690]6. Confidential Funds Authorities, Contingency
[7692]Reserves, Legal Base, History and Use. GIA and OSD
[7693]. (3 [~- Me FZ
[7694]Ga. gator Tater)
[7695]7. Cover for Foreign Intelligence Actions, v
[7696]Legal and Administrative Issues, CIA and State
[7699]8. Intelligence Files and Privacy. FBI and OSD
[7701]fide Cuthe, OSD
[7703]; FRG
[7704]9, The "fact of" question -~ (Riop 4 (Bate. “eee
[7706]international, legal and political
[7708]considerations. State
[7709]10. "Sources.and Methods” Legislation. ; OMB and Justice
[7710]. ll. An additional issue (identified by | oo Legal Office,
[7711]Mr. Hills) address -- adequacy or : _ Justice, was
[7712]_,Bnadequacy of present classification . assigned the
[7713]procedures. _ 7A/ ee ee ee initial respon-
[7714], “ Sibility of
[7718]drafting a
[7719]CA Atesters te ferret TH eesag OF WESC Paper with
[7721]Goprosreectin . inputs from the
[7723]Ge Agencies» :
[7725]Names are to be forwarded ASAP,
[7727]y
[7728]1
[7730]NW 88296 Dochd:32989532 Page 122
[7733]ye
[7735]o.
[7737]“reef Re 8 7
[7738]H
[7740]1]
[7742]ad . FRANK CHURCH, IDAHO, CHAIRMAN
[7744]JOHN G, TOWER, TEXAS, VICE CHAIRMAN
[7746]HOWARD H. BAKER, JR., TENN,
[7747]BARRY GOLDWATER, ARIZ.
[7749]PHILIP A, HART, MICH.
[7750]WALTER F. MONDALE, MINN.
[7751]WALTER D. HUDDLESTON, KY.
[7752]ROBERT MORGAN, N.C.
[7753]GARY HART, COLO,
[7755]WILLIAM G. MILLER, STAFF DIRECTOR
[7757]RICHARD S, SCHWEIKER, PA.
[7759]CHARLES MCC, MATHIAS, JR., MD.
[7761]Muitlea DBlates Senate
[7763]SELECT COMM ITTEE TO
[7765]NW 88296
[7767]STUDY GOVERNMENTAL OPERATIONS WITH
[7768]RESPECT TO INTELLIGENCE ACTIVITIES
[7770](PURSUANT TO 5, RES. 21, 9STH CONGRESS}
[7771]WASHINGTON, D.C, 20510
[7773]March 12, 1975
[7775]Mr. Willian E. Colby . “!
[7776]Director of Central Intelligence Pose
[7778]ms
[7782]Central Intelligence Agency RRs 432 gt
[7784]oe
[7786]Washington, D.C. 20505
[7788]On behalf of the Senate Select Committee To Study Governmental
[7789]Operations With Respect to Intelligence Activities, I want to thank
[7790]your for your letter of March 11, and the copy of the Employee Bulletin
[7791]you have issued to all CIA employees. As we jointly recognize, in
[7792]order for the Committee to carry out a thorough inquiry, in aecordancé
[7793]with the mandate contained in §. Res, 21, the Agency's full cooperation
[7794]wlll be necessary, Your recognition that our mandate authorizes all,
[7795]past and present, agency employees to cooperate fully, and without
[7796]impediment dué to secrecy agreements, will serve to facilitate our
[7797]expeditious collection of material relative to that mandate.
[7799]Dear Mr. Colby:
[7801]I particularly appreciate your statement recognizing our security
[7802]precautions. AS you know, your staff was very helpful to the Committee's
[7803]staff in designing those precautions. .
[7805]The Staff Director and the Chief Counsel will, under the direction
[7806]of the Committee, notify Mr. John Clarke of the members of the Committee
[7807]who have been designated to carry out studies, inquiries and investigations
[7808]required to meet the tasks specified in S. Res. 21.
[7810]It is the Committee's understanding that the members of the Committee
[7811]and designated staff will have access to any and all information which
[7812]the Committee determines is necessary for its inquiry. We recognize,
[7813]however, that the Committee inquiry may touch on sensitive areas, such
[7814]as the.identity of CIA personnel, sources, or cooperating organizations
[7815]whose disclosure could place persons in actual jeopardy. In the event
[7816]that the Committee inquiry touches on such sensitive areas, which matters
[7817]we have already discussed in our meeting of February 27, we should discuss
[7818]jointly, and as you suggest quickly, what procedures might be followed
[7819]should the Committee decide it requires more information in these specific
[7820]areas,
[7822]Dochd:32989532 Page 123
[7823]Be -
[7826]Mr. William Colby
[7827]Page Two
[7828]March 12, 1975
[7830]I welcome these first steps in close cooperation and hope that
[7831]it forecasts an expeditious and thorough inguiry that will result in
[7832]the strengthening of our nation's intelligence activities under the
[7833]law.
[7835]. | | | les, Wi
[7837]i/ Prank Church
[7838]Chairman
[7840]| NW 88296 Dochd:32969532 Page 124
[7841]' oO -
[7844]10 April 1975
[7846]- The Third Agency Rule
[7848]1. As early as November 1953, the third agency rule was included
[7849]in Executive Order 10501, which has now been revoked. Section 7({c)
[7850]prohibited the dissemination of "classified defense information originating
[7851]in another Department or agency" to an agency “outside the receiving
[7852]Department or agency without the consent of the originating Department
[7853]or agency." The only exception to this rule is that dissemination may be
[7854]made under the authority of Section 102 of the National Security Act. This
[7855]section authorizes the Director of Central Intelligence "to correlate and
[7856]evaluate intelligence relating to the national security, and provide for the
[7857]appropriate dissemination of such intelligence within the Government.using,
[7858]where appropriate, existing agencies and facilities."
[7860]OL/E .
[7862]FUN),
[7863]FOO
[7867]RAAT
[7869]INFO
[7870]36 Oly
[7872]EERERY
[7874]2. Historically, the responsibility of the Director of Central Intelli-
[7875]gence to disseminate intelligence has referred to "finished intelligence."
[7876]This product is the end result of contributions from members of the Intelli-
[7877]gence Community. Therefore, in this situation the finished product is a”
[7878]homogenous product and therefore the approval for further dissemination
[7879]beyond the receiving agency must come from the Director of Central
[7880]Intelligence.
[7882], 3, Executive Order 10501 was superseded by Executive Order 11652
[7883]which became effective 1 June 1972. This Executive order did not specifically
[7884]cover the third agency rule. However, it does provide the following controis:
[7885]Sec. 9. Special Departmental Arrangements, The originating Department or |
[7886]other appropriate authority may impose, in conformity with the provisions of
[7887]this order, special requirements with respect to access, distribution and
[7888]protection of classified information and material, including those which
[7889]presently relate to communications intelligence, intelligence sources and
[7890]methods and cryptography. :
[7892]4, In anticipation of the implementation of Executive Order 11652, a
[7893]directive was issued on May 17, 1972 entitled "National Security Council
[7894]Directive Governing the Classification, Downgrading, Declassification and
[7895]Safeguarding of National Security Information." This directive does not
[7896]contain the term "third agency rule" but does have four subsections which
[7897]relate to procedures which are similar to what historically had been called
[7898]the third agency rule. These sections are:
[7900]A.(2) Determination of Need-to-Know. In addition toa
[7901]security clearance, a person must have a need for access to
[7902]the particular classified information or material sought in
[7903]connection with the performance of his official duties or
[7904]contractual obligations, The determination of that need shall
[7905]be made by officials having responsibility for the classified
[7906]information or material.
[7908]. NW 88296 Dochd:32969532 Page 125
[7911]NW 88296 Docid
[7913]D. Consent of Originating Department to Dissemination by
[7914]Recipient. Except as otherwise provided by Section 102 of the
[7915]National Security Act of 1947, 61 Stat. 495, 50U.S.C. 403,
[7916]classified information or material originating in one Department
[7917]shall not be disseminated outside any other Department to which
[7918]it has been made available without the consent of the originating
[7919]Department. -
[7921]E,. Dissemination of Sensitive Intelligence Information,
[7922]Information or material bearing the notation "WARNING NOTICE ~-
[7923]SENSITIVE INTELLIGENCE SOURCES AND METHODS INVOLVED!
[7924]shall not be disseminated in any manner outside authorized
[7925]channels without the permission of the originating Department
[7926]and an assessment by the senior intelligence official in the
[7927]disseminating Department as to the potential risk to the national
[7928]security and to the intelligence sources and methods involved,
[7930]F. Restraint on Special Access Requirements. The establish-
[7931]ment of special rules limiting access to, distribution and
[7932]protection of classified information and material under Section 9
[7933]of the Order requires the specific prior approval of the head of
[7934]a Department or his designee.
[7936]Examples of the application of the third agency rule are:
[7938](a) In a national security estimate, contributions are
[7939]received from all members of the Intelligence Community, then
[7940]disseminated to members of the community under the authority
[7941]of the DCI, Recipients may not disseminate the estimate outside
[7942]the Intelligence Community without the approval of the DCI;
[7944](b) A CIA intelligence report disseminated to the State
[7945]Department may not be sent by the State Department to the
[7946]Department of Commerce without the permission of the CIA;
[7948](c) Information which the CIA furnishes the President's
[7949]Commission may not be disseminated to other agencies or to the
[7950]Congress without the concurrences of CIA. Thus, a request
[7951]from the Congress to the Commission for CIA information should
[7952]be referred to CIA for action so that the necessary protection of
[7953]the information can be insured;
[7955]| 732969532 Page 126 . .
[7956]a
[7959]~ ’ (d) Ifthe Navy Department discusses one of its operations
[7960]with CIA, CIA may not include information about that operation
[7961]in papers it disseminates to other agencies unless it has
[7962]received the permission of the Navy Department. The distinc-
[7963]tion here is that a Navy operation would not be considered part
[7964]of the finished intelligence mechanism and therefore would
[7965]not fall within the statutory authority of CIA to disseminate
[7966]intelligence;
[7968](e) Ifa State/DOD joint cable is disseminated to CIA, CIA
[7970]may not send the information to the FBI until CIA has received
[7971]the concurrence of both State and DOD.
[7973]NW, 88296 Docld:32989532 Page 127m. =
[7974]88296 Docld:32989!
[7976]wy a
[7977]CODE TELETYPE \ “Gromer {
[7978]5/2/75 x
[7980]TO SACS ALEXANDRIA. gsi*"
[7981]BALTIMORE “Ycscs*
[7982]NEW HAVEN  ‘rs0
[7983]NEWARK
[7985]; OMAHA 1 - Me. J. A. Mintz ;
[7986]af y 1 ~ Mr. v Re Yannall
[7987]“* i 2. F - ~ Me, W. O. Crega
[7988]ty y FROM DIRECTOR FBI (62-116395) i ie. S. FP, Phillips |
[7989]C8 A “Sti STUDY 75 ON
[7990]e} j. e CAPTIONED MATTER PERTAINS TO BUREAU'S HANDLING OF ag te
[7992]Ree 2)
[7994]ON! \ "OPERATIONS WITH RESPECT TO INTELLIGENCE ACTIVITIES, IN
[7998]S28 © conmmeriow WITH WORK OF THESE COMMITTEES, STAFF MEMBERS MAY
[8000]LA,
[8001]JL,
[8003]INTERVIEW CURRENT AUD FORMER FBI EMPLOYEES, THE SENATE SELECT
[8005]W PE:
[8006]Vs
[8008]7
[8009]ert
[8011]COMMITTEE (SSC) STAFF HAS ALREADY INTERVIEWED SOME FORMER
[8013]on
[8016]EMPLOYEES, NEWARK TELETYPE APRIL 30 LAST "ADMINISTRATIVE
[8020]afr
[8021]LE
[8022]Zz
[8024]INQUIRY; 1964 DEMOCRATIC PARTY NOMINATING CONVENTION,
[8026]we Fee
[8028]URNRECORDED COPY FILED IN”
[8030]ATLANTIC CITY, WEY JERSEY,'' REPORTED ADVICE FROM FORMER
[8032]Jz
[8034]&y "SPEQTAL. AGH JOHN P, DEVLIN THAT HE HAD BEEN INTERVIEWED BY
[8036]he
[8037]cade
[8039]nr MIGHAEL T. EPSTETN, gsc STAFF MEMBER, La LG oe S PART
[8041]on ane RECS 27 ff; ask aS
[8043]“pee AD Adm personnel File of Each Former SA TS —
[8045]wee Ne Bek - a :
[8047]tate aad Wi any 8 (A
[8049]Ex. Affairs SEP? eleieens5 te SEE NOTE PAGE THREE :
[8051]fue & Go Com. -.. woy ‘ ‘eee, TN cre |
[8053]Ident. . ¥ i ‘ FEDERAL EUR _ , ys
[8055]lnspection EAU. OF INVESTIGATION \?
[8057]nat roa / | y, Couuntcarons SECTION .¢:"" :
[8058]ory woe ’ nares (* HE ae '} we ’ a '
[8060]rel a (Y “ ae lIAY 0 9.1975
[8062]agel C is Ves ‘ 4915
[8064]tooo Rm of 7 ee MAY i 6 (O15 (aun ue TE. “
[8066]Prete son MAIL ROOMEJ «© TELETYPE UNIT LEY YPE
[8068]V 88296 Docld:32989532 Page 128
[8071]4
[8073]TELETYPE TO SACS, ALEXANDRIA ET AL
[8074]RE: SENSTUDY 75
[8075]62-116395
[8079]IN FBI'S ACTIVITIES AT DEMOCRATIC CONVENTION, ATLANTIC CITY,
[8080]AUGUST 22-28, 1964.
[8082]SET OUT BELOW ARE NAMES AND LAST KNOY] ADDRESSES OF FORMER
[8083]BUREAU AGENTS ASSIGHED TO SPECIAL SQUAD AT ATLANTIC CITY,
[8084]AUGUST, 1964, EACH OF THESE FORMER AGENTS IS TO BE IMMEDIATELY
[8085]CONTACTED AND ALERTED THAT THEY MIGHT BE APPROACHED BY THE SSC
[8086]STAFF, THEY ARE HOT, REPEAT NOT, TO BE ADVISED OF THE AREA WHICH
[8088]MAY BE COVERED TN ANY INTERVIEW OF THEM BY THE SSC. THEY SHOULD,
[8090]HOWEVER, BE TOLD THAT IN THE EVENT THEY ARE INTERVIEWED AUD DURING
[8091]THE COURSE OF SAME, QUESTIONS ARE ASKED WHICH RELATE TO SENSITIVE
[8092]BUREAU OPERATIONS, THEY CAN REQUEST THAT AN FBI AGENWE BE PRESENT.
[8093]CONTACTS WITH THESE FORMER AGENTS TO BE HANDLED PERSONALLY BY
[8094]SAC OR ASAC, IN THE EVEW THIS NOT FEASIBLE FOR JUST CAUSE, TO
[8095]BE HANDLED BY A SENIOR SUPERVISOR,
[8097]TMEDIATELY AFTER CONTACT, RESULTS SHOULD BE FURNISHED BUREAU
[8098]BY TELELYPE IN ABOVE CAPTION. iF A FORMER AGENT NO LONGER Tit
[8099]YOUR TERRITORY OR TEMPORARILY ANAY, SET OUT LEAD TO OTHER OFFICE
[8100]TLMEDIATELY WITH COPY TO FBIHQ.
[8102]NEWARK SHOULD INCLUDE RECONTACT WITH DEVLIN FOR PURPOSE
[8103]INDICATED ABOVE AND ALSO FURNISH BUREAU ANY INFORMATION DEVLIN 7
[8105]MAY HAVE FURNISHED YOUR OFFICE Ti ADDITION TO THAT IN YOUR TELETYPE, _
[8109]q NW 68296 Docid:329895327 Page 129
[8112]. — s -
[8113]-
[8116]TELETYPE 70 SACs, ALEXAKDRIA KT AL
[8117]RE; SKNSTUDT 75
[8118]62-116395 oe
[8120]ALEXANDRIA: HAROLD F. LEINBAUGH, 1643 NORTH VaN DORK,
[8121]ALEXANDRIA. WILLIAM PF, GEOSGE, 8336 WAGON WHEEL. ROAD, AULLANDRIA
[8122]BALTIMORE: DOWALD G. HAMHING, 16 OXFORD STREET, CHEVY CHASE
[8123]WEW HAVEX: HOBSON H. aDCOCK, 65 GLEMBAOOK a0AL, STAMFORD,
[8124]CONNECTICUT.
[8125]NEWARK: LEO CMOMAS CLARK, 1421 ATLANTIC AVEMUE,
[8126]ATLANTIC CITY, JOHN PATRICK DEVLIN, 39 BENNINGTON OAL,
[8127]LIVINGSTON, MEY JERSEY. HOWARD J. WILSON, 30 CAMPBELL. ROAD,
[8128]SORT HILLS, BEV JERSEY.
[8129]| OMAHA: JOHN J. QUINN, I0NA Lav ENFORCEMENT ACADKHY,
[8130]JOMESTON, 100A |
[8132]NOTE; Addresses are most recent available in personnel files
[8133]: . o£ these former Agents, The Newark teletype mentioned was sent
[8135]| up with an informative note advising that we had checked with
[8137]Mr. James Wilderotter, Associate Counsel to the President, and
[8138]he iaterposed no objection to our contacting former Agents who
[8139]garcicjgated in the special squad we had at Atlantic City in
[8141]8/64 and advising them they might be approached for interview
[8143]by the SSC, Assistant Director Mintz concurred in the Intelligence
[8144]Division recommendation that we, on approval, contact the former
[8145]Agents as indicated in this outgoing teletype. Deputy Associate
[8146]Director J. B. Adams advised of his agreement with this recommen-
[8147]dation and for instructions to go forward to the field.
[8149]Howard J. Wilson, one of the former Agents designated
[8150]to be contacted, resigned for family reasons after being censured,
[8151]suspended, placed on probation, and transferred for unsatisfactory
[8152]work performance detected during an inspection of the Newark Office.
[8153]However, there is no evidence in his personnel file suggesting
[8154]Wilson is hostile to the Bureau and the INID believes he should be
[8155]included among those former Agents to bec@ontacted.
[8157]W 8829§ Docid:32989532 Page 130 -3-
[8160]4-312 (Rev. 12-11-73) d b
[8162]Date of Mail 5/8/75
[8164]Has been removed and placed in the Special File Room-of Records Section.
[8166]See File 66-2554-7530 for authority. LE
[8168]Subject JUNE MAIL U.S. SENATE SELECT COMMITTEE TO STUDY GOVERNMENTAL
[8170]OPERATIONS WITH RESPECT TO INTELLIGENCE ACTIVITIES
[8172]Removed By Y OMAY 191978
[8174]File Number 62-116395-126
[8176]Permanent Serial Charge Out
[8178]DOSJ/ FBI
[8180]| NW 88296 Docid:32989512 Page 11
[8183]OPTIONAL FORM NO. 10 $010—106 r
[8184]Ww 1.962-EQSEON ra
[8185]oh een! REG, NO, 27 .
[8187]UNITED STATES GOVERNMENT Aes tin
[8188]Dep Inv,
[8189]Memorandum nae
[8190]. cn A
[8191]Gg? : Mr. J. B. Adams DATE: 4-9.7%5 Files & Com. —
[8192][ , - arnork NTATNED s Ident. :
[8193]2 tT, TNPORMATTON CO ‘ /
[8194]From ; Legal Counsel Serle REXEL i$ UWCLASSIFLE tE- While
[8195]rt _ ef pace j-)4-o/ BY p-> Ab ‘abot rey f
[8196]3 as . bof! sisal
[8197]suBJECT: SENATE SELECT COMMITTEE 7 a ; ye (2 see. ov, —
[8198]ON INTELLIGENCE ACTIVITIES er" Telephone Ba
[8199]Director Sec’y —_
[8200]HOUSE SELECT COMMITTEE [ Ln
[8201]ON INTELLIGENCE ACTIVITIES ‘e, x \
[8202]During various contacts with William Miller, Staff Director of Nd
[8204]MivSahb6 acta Medess2 Page 132
[8206]the Senate Select Committee, and Congressman Lucien Nedzi (D-Mich. ), o
[8207]Chairman of the House Select Committee, the question has come up regarding IN
[8208]the need for a check of the private offices of individual Committee Members to “
[8209]assure the absence of any electronic listening devices. The Committee
[8210]personnel have been told that we consider this absolutely essential and they
[8211]agreed.
[8213]In exploring this matter, it was determined that the Capitol
[8215]Police Department recently has established a special unit to handle all types “
[8216]of security problems within the Capitol Hill complex, including checks for %,
[8217]electronic listening devices. Personnel of this unit have received extensive ”
[8218]training, Some from CIA.) The operations of the unit are controlled through \
[8219]the Serg \
[8221]ants at Arms pt the House and Senate, y) Lh Cpl abe byt .
[8223]p +. a \d t
[8224]This matter has beeh discussed with Robert Hough; Deputy ~~ nK
[8225]Sergeant at Arms of the Senate, and with Kenneth Harding, Sergeant at Arms
[8227]of the House, Hough advised that the special unit already has conducted com- ~
[8228]plete security surveys of the new office space of the Senate Select Committee 4
[8229]and certainly will perform any other checks of this type needed by the Committee a
[8230]or its individual Members. He said, in fact, that since they now have this “es
[8231]capability they would oppose any outside agency coming on to the Hillto perform *
[8233]this function. Hough said he already has been in contact with Miller regarding
[8235]ai
[8236]1
[8237]Peeve, |: -)
[8238]1
[8240]d
[8243]the necessary security rad ae he will let us know whem ith g pffig es of ‘
[8244]ave
[8246]the Senate Select Committee een checked. He said their rules require
[8247]specific requests from the individual Members in writing. } aes SE 4:
[8248]1- Mr. Adams recto | GA AE is Gebers en a / .
[8249]1 - Mr. Wannall 308” 1 - Mr. Farringt0Tg nya efi |:
[8250]1 - Mr. White ae aa 1 - Mr. Bowers fF yal Aa 7 Ze a
[8251]1- Mr. Mintz Ne a 1 Lf i, as
[8252]K “h AVP) al
[8254]DWB:kjs (9) \ CONTINUED - OVER “d 276) ey
[8256]\ hg f 975 eed
[8258]y " MAY 141 fe SEE ADDENDUM PAGE TWO p
[8262]ow Oo 2, } .
[8263]w . .
[8265]Legal Counsel to Mr. Adams Memo
[8266]RE: SENATE SELECT COMMITTEE
[8267]ON INTELLIGENCE ACTIVITIES
[8268]HOUSE SELECT COMMITTEE
[8269]ON INTELLIGENCE ACTIVITIES
[8271]This matter was discussed with Congressman Nedzi on 4-9-75,
[8272]and he stated he would promptly contact Mr. Harding to work out the necessary
[8273]arrangements for security checks needed by his Committee and its Members.
[8275]Harding has promised to let us know when the checks of the House Select Committee
[8276]Members have been completed.
[8278]All contacts concerning this matter have been handled by
[8279]Inspector Bowers who will continue to follow this situation with Senate
[8280]Sergeant at Arms, William Wannall, or his Deputy; House Sergeant at Arms
[8281]Harding; Mr. Miller of the Senate Select Committee; and Congressman Nedzi.
[8283]RECOMMENDATION:
[8285]For information.
[8287]yf Le iN
[8289]ADDENDUM: INTELLIGENCE DIVISION WOC:ekw 4/14/75
[8291]On 4/11/75 the Executive Committee of the Ad Hoc
[8292]Coordinating Group on Congressional Review for the Intelligence
[8293]Community was apprised of the discussions with Mr. Robert Hough,
[8294]the Deputy Sergeant at Arms of the Senate and with Mr. Kenneth
[8295]Harding, Sergeant at Arms of the House. Although the Executive
[8296]Committee would have preferred’ the FBI to conduct audio sweeps,
[8297]they interposed no objection to the sweeps being handled by the
[8298]Capitol Police Department. Mr. Roderick Hills, Counsel to the
[8299]President, requested, however, that both Mr. Hough and Mr. Harding
[8300]be requested to periodically advise the FBI as to the sweeps of
[8301]Committee space for electronic listening devices, Specifically,
[8302]Mr. Hough and Mr. Harding should be asked to furnish the FBI the
[8303]following: How frequently they will conduct a counteraudio sweep,
[8304]what offices will be swept, will the results of such sweepsbe
[8305]furnished the FBI, and will the FBI be immediately notified should
[8306]the Capitol Police locate an electronic listening device? :
[8309]a ¥
[8311]“OWA oe wn Wal \
[8313]q
[8314]i
[8315]f
[8316]i
[8319]INFORMATIVE NOTE
[8321]Date 5/5/75
[8323]Attached teletype reports results of
[8324]contacts by Newark Office with three formey
[8325]Bureau Agents to alert them they might be
[8326]contacted by staff of Senate Select Commit
[8327]tee on Intelligence Activities (SSC).
[8328]Former SA Leo Clark (e.0.d. 1/11/43;
[8329]retired 2/1/65; Sr. RA, Atlantic City,
[8331]New Jersey, 1944 to retirement) was bellig
[8332]erent concerning our contact of him. He
[8333]had previously testified before Watergate
[8334]Committee regarding 1964 Democratic Conven
[8335]tion in Atlantic City and gave same infor-
[8336]mation to SSC Staff Members 4/17/75.
[8337](Clark was one of Agents on FBI special
[8338]squad at Atlantic City during convention).
[8340]ACTION:
[8341]Copy of this teletype being placed in
[8342]personnel file. of former SA Clark for due
[8344]consideration should interview of him be
[8345]entertained in the future.
[8349]1 - Mr. J. A. Mintz ett
[8350]1 -—- General Investigative Division
[8352]1 - Inspection Division
[8356]Y
[8358]NW 60296 Docid:32989532 Page 134
[8361]4-312 (Rev, 12-11-73) q
[8363]| Date of Mail 3/27/75
[8365]Has been removed and placed in the Special File Room of Records Section.
[8367]See File 66-2554-7530 for authority.
[8369]Subject JUNE MAIL SENSTUDY -75
[8371]|
[8373]NW 88296 Docid:32989532 Page 135
[8376]9 MAY 1 9 1975
[8378]62-116395-124
[8380]Permanent Serial Charge Out
[8382]DOJ/ FB!
[8385]& owe o " % * > h 7 -yenerntenrniniSon we
[8386]s ~ . a iA. } Assog. Din
[8387]. Dep AE Ada.
[8389]wo . ! Dep.. Dif.
[8390]y é Asst, a
[8391]FEDEUIAL BUREAU OF INVESTIGATION Adrain,
[8393]NRO14 NK CODED COMMUNICATIONS SECTION Bat Affaive
[8394]/Ss2PM URGENT 5/ 15 DUP RADY offs in eae
[8395]f- Ident. .....
[8397](70 DIREC (62 sh alt Hf) mel ST YR iyi Tnspetion
[8398]ant T cree aborateny fi f
[8400]FROM NEVARK oy oD ahd SeV/Pian. & val.
[8401]zg re ea] P20 fr,
[8403]SENSTUDY 7 a raining
[8405]Level Coun, mw
[8406]Telephone Bm. ow.
[8407]. Director Sée'y
[8408]tegearey
[8410]FORMER SA, LEO THOMAS CLARK CONTACTED MAY, 2, 1975, BY SAC
[8412]AL 3
[8413]RE: BUREAU TELETYPE TO ALEXANDRIA, may 2, 1975,
[8415]PAUL J.» MOHR AND HE WAS TOLD HE MIGHT BE INTERVIEWED BY THE SSC(sevme SCQCCT
[8417]Ce aek
[8419]STAFF MEMBERS AND THAT IF QUESTIONS WERE ASKED WHICH RELATED TO (hi
[8421]SENSITIVE BUREAU OPERATIONS HE COULD REQUEST THAT AN FBI AGENT
[8422]BE PRESENT, CLARK VOLUNTEERED HE WAS SUBPOENAED BEFORE WATERGATE
[8423]“OMMITTEE AND TESTIFIED. ALL THIS MATTER WAS REPORTED IN PRESS,
[8424]AGLSO VOLUNTEERED THAT ON APRIL 17, 1975, HE WAS INTERVIEWED By
[8425]& Sunt tree STAFF MEMBERS IN WASHINGTON, D.C. ON SAME MATERIAL RE-
[8426]#4 CARDING 1964 DEMOCRATIC PARTY non y TION CONVENTION, . STAFF
[8427]fl Sena ers WERE MICHAE, Cerstern, MONK @krersterN, soon isons HE
[8428]AEATD THEY HAD ALL OF HIS PREVIOUS TESTIMONY AND WENT QVER SANE,
[8429]MATERIAL, AT THE END OF THE CONVERSATIRED-I0Q.ARK ce EO
[8430]STATING HE-ONLY TOLD THE TRUTH REGARDING HIS ACTIVITIES PYeTHE~ “s
[8431]BUREAU AND ADVISED THE BUREAU TO DO THE SAME, HE WANTED 330 WOW 1975
[8432]| WHAT ASSISTANCE AN AGENT COULD RENDER TO HIM AND WHO INS TREGT EB =sw onecono
[8434]THAT HE BE CONTACTED AND FOR WHAT REASON, CLARK WAS ADVISED WE
[8436]MERELY INTENDED TO ASSIST HIM AND HE COULD ACCEPT IT OR NOT, 3
[8437]FORMER SA, HOWARD J. WILSON, SHORT HILLS, Neds, ALERTED @
[8440]ae ec bY “he rol puns. BES
[8443]62 3.5 746 ( Lord
[8445]7 = Sto ¥ (wil ot
[8446]84 g Wat 15107804 ete ile , in)
[8450]PAGE TWO
[8452]ASAC WILLIAM BAILEY PER RETEL AND WAS APPRECIATIVE AND STATED
[8453]HE HAD NOT BEEN CONTACTED BUT WOULD ADVISE THE NEWARK OFFICE IF
[8454]CONTACTED IN THE FUTURE. .
[8456]FORMER SA, JOHN PATRICK DEVLIN, LIVINGSTON, Neds, CONTACTED
[8457]BY ASAC WILLIAM BAILEY AND ALERTED PER RETEL AND STATED HE HAD
[8458]NO ADDITIONAL INFORMATION OTHER THAN SET FORTH IN NEWARK TELETYPE
[8459]APRIL 30 LAST.
[8460]END oO
[8461]HOLD FOR FOUR
[8462]MAH FBIHQ ACK FOR ONE
[8464]NW 88296 Docld:32989532 Page 137
[8467]« g
[8469]1,- Me. J, A. Mintz
[8470]ESCA 1 - Me. W. R. Wannall
[8472]we vA May 2, 1975
[8473]; Ss way ys
[8474]- Fh  Scet 1 - Mr. W. 0. Cregar
[8475]C, ~~ St ORAL TRPORMATION PROVIDED To THE
[8477]NS
[8480]Rs ss . SENATE SELECT COMMITIEE (SSc) 2. - Me. S. F. Phillips
[8481]SY qs WVESTIGATING INTELLIGENCE ACTIVITIES
[8483]‘h
[8484]ne)
[8486]OR, 1. SUBJECT: Martin Luther Kine, Je.
[8488]2. WITWESS' ORGANIZATION: Mr. Lish Uhitson,
[8489]vetired Special Ascent, FBI
[8491]“Jog eg 7a
[8493]3. GLASSIFICATION OF INFORMATION: Unclassified
[8495]4, SUMMARY OF GONTENT: Pt.
[8496]Mr, Whitson vas questioned and furnished information
[8497]concerning the former FBI investigation of Martin Luther King, Jr.
[8499]5. DATE OF TiTERVIEV AND BEFORE WHOM:
[8501]Interview conducted by Mr. Michac] Epstein, Staff
[8502]Member, SSC, in percon 4/23/75; supplemented by ee
[8503]Epstein obtained from thitson telephonically 4/24/75,
[8505]6. ORGANIZATION REFERENCE foe FBI Fite 62-116
[8506]RECIOO 0) /G piryne
[8507]7. RELATION TO. INTELLIGENCE osama PR 2
[8509]16 5 MAY 13 1915 7
[8512]ee need
[8513]mall wee we
[8514]sewed 1 = 100-106670 (Martin Luther King, Jr.) ROS
[8515]ben ook ~ 67-29405 (Personnel File Retied SA Lish Whitson) { Kk zm
[8516]Asst. Dir ‘
[8518]Ainin SEP selare ya rial
[8519]Comp. Syst. ~€10) ey) . re e@im ‘yy v “7
[8521]Ext. Affairs
[8523]E OPY FILED IN
[8524]sharon cu J,
[8527]Js
[8529]14
[8531]Files & Com.
[8533]Gon mv. MOLE: | |“ Originalivia liaison to Cétitral Community Index in o
[8534]went. ———eonnection with Sen:tudy 75. Memorandum from W. R. Wannall to -
[8536]Inspection
[8538]inti... B, Adame 4/23/75 “Senstudy 7 75; Former Supervicor Lish Whitron) | a
[8539]rae assigned Intelligence | Divit ion," recommended, and it was approved,’
[8541]spec. iw, chat an Abstract would be provided for the records | of the Central |
[8542]eee —— index, _ concerning the interviey of Whitson by the SSC.
[8544]Telephone Rm.
[8547]Ditggtor Seety, {TELETYPE unit [_} GPO 954-546
[8548]wvbadbot! ‘shea yp Page 138
[8550],
[8553]1 - Mr. McNiff
[8554]an GON! PNTV ee) May 5, 1975 2-Mr.S.F.Phillips
[8557]IAL FOR JOINT COMMITTEE
[8558]ERNAL REVENUE TAXATION
[8560]po = 1, TITLE/SUBJECI: FBI's Investigation of Extremist
[8561]‘| Organizations and Individuals
[8563]2. ORIGINATING ORGANIZATION: FBI
[8565]3. NATURE OF MATERIAL: Letter from FBI to Mr. Laurence N.
[8566]Woodworth, Chief of Staff, Joint Committee on Internal Revenue
[8567]Taxation, dated 4/10/75.
[8569]4. DOCUMENT CLASSIFICATION: Unclassified
[8570]5. NATIONAL SECURITY INFORMATION STAMP: NA
[8572]6. SUMMARYOOFCCONTENTS: The Joint Committee requested the
[8573]names of FBI employees who made the decision to provide the Specio
[8574]Service Staff (Activist Organization Committee) of the Internal . .
[8575]Revenue Service with FBI reports relating to the FBI's investi-
[8576]gation of extremist organizations and individuals, The FBI
[8577]response was that the matter had been thoroughly researched and
[8578]it was established that the decision in the above matter was
[8579]personally made by the late J. Edgar Hoover, then Director of the
[8581]FBI.
[8582]7. REQUESTER/DATE OF REQUEST: Joint Committee pha
[8583]Revenue Taxation. 3/28/75 REC-100 4 Acie 3 ar ai
[8584]8. RELEASING AUTHORITY: FBI Was cas
[8585]9. DATE OF SUBMISSION: 4/10/75 a,
[8587]10. LOCATION OF FILE COPY: 62-17909-1104 te MAY 13 1975
[8589]Assoc. Dir.
[8590]Dee AD ine 11. RELATION TO INTELLIGENCE COMMUNITY PROBLEMST "Ths
[8591]| Ms Pes matter is of joint interest to the FBI and the Internal Revenue
[8592]| Comp. Syst. _ serv ice ry
[8593]Ext. Affairs
[8595]Files & Com. B2—LUEBAD '
[8596]Gen. bv. __ SEP rekw (5) 2 Kw
[8598]erection NOTE: Origingtyvia liaison to Central Community Index in
[8599]ell. —-eonnect ion with pee. See memorandum R. L. Shackelford to
[8600]Pleo, Mr. W. R. Wannal 75 "Internal Revenue Service Investigations
[8602]Seec. Inv. —OF New Left and Extremist Organizations and Individuals," TJM/dgr.
[8606]Legal Coun. on y,
[8607]Telephone Rm. __ woe (
[8608]| 8: eR 5 4Q7Room(—] TELETYPE UNIT (_] GPO 554545
[8610]296 Docid:32989532 Page 139
[8613]Assoc. Dir, wm f
[8615]FEDERAL BUREAU OF INVESTIGATION opAD... !
[8617]COMMUNICATIONS SECTION Pid Dep ADala |
[8619]| ‘ ( iG Aast, Dir: j
[8620]MAY U 0 Wile oR Admin. “=
[8622]| C , . Ls Ext, Affsims |
[8624]TIER EYPE fe fo
[8626]SROGA NK CODED ‘Ident.
[8628]- Inspecti ad ie
[8629]3255PM URGENT 5/5/75 DJP worl ~"* Intell, “He
[8630]. 40} Laboratory
[8632]- xt Co Plan. & Eval, _
[8634]70 DIRECTOR (62-116595) ahh TE te noes rane abet 2 PLAT i Spee Inv, |
[8636]FROM NEWARK san ‘a VF ao ae | Training
[8638]M Legal Coun. . i
[8640]Ge par \ Telephone Kt.
[8642]ENSTUDY 75 . Director See'y
[8644]"RE BUTELCALL OF SUPERVISOR SEYMOUR PHILLIPS TO SAC, NEWARK y,
[8645]MAY 5, 1975, :
[8647]FORMER SA JOHN PATRICK DEVLIN WAS RECONTACTED BY sac,
[8648]NEWARK, AND FURNISHED FOLLOWING INFO ON MAY 5, 1975:
[8650]HE WAS ORIGINALLY CONTACTED BY me got SELECT |
[8651]CONNITTEE (SSC) STAFF MEMBER MICHAEL {EPSTEIN TELEPHONICALLY yey
[8652]AT WORK (HERITAGE BANK - IRON, MORRISTOWN, Ned.) A DAY OR TWO an
[8653](PRIOR TO HIS INTERVIEW ON APRIL 25, 1975. MR. EPSTEIN DID NOT)” "
[8654]INDICATE IN ADVANCE AREA OF INQUIRY CONTEMPLATED AND WHEN = o
[8655]agkeD BY FORMER SA DEVLIN HOW HE, EPSTEIN, HAD OBTAINED HIS,
[8657]Dg S, PHONE NUMBER AT WORK, EPSTEIN INDICATED, “YOU KNOW,
[8658]ae” GOT WAYS.” IN ADDITION, EPSTEIN TOLD HIM THAT ‘THE ape I — 12.0
[8660]EBEEN GIVEN A BROAD SCOPE OF INQUIRY AND we Oh a what TO ‘Won’ 1 INTO
[8661]= ACTIVITIES OF VARIOUS INTELLIGENCE GATHERING AGENCIES .
[8662]4G MAY 13 1975
[8663]RaRSTEIN DID NOT MENTION THAT ‘HE HAD: ANY TYPE OF CLEARANCE BUT
[8664]WAS VERY POSITIVE IN HIS POSITION THAT THE SSC HAD BEEN
[8666]MANDATED BY CONGRESS TO CONDUCT INQUIRIES, EPSTEIN EXHIBITED ot
[8667]Mb
[8671]413
[8675]' 8 4 MAY 15 1978.
[8677]| NW 88296 Docld:327989532 Page 140
[8681]_ e @
[8683]PAGE Two | |
[8684]AN IDENTIFICATION CARD CONTAINING HIS PHOTOGRAPH TO -IDENTIFY
[8685]HIMSELF AND HE DID NOT PLACE DEVLIN UNDER OATH. EPSTEIN DID
[8686]NOT ENDICATE WHERE HE HAD RECEIVED INFORMATION REGARDING:
[8687]DEVLIN’S PARTICIPATION. IN THE 1964 ATLANTIC CITY CONVENTION
[8688]AND WHEN ASKED BY DEVLIN, HE INDICATED ONLY THAT, “WE'VE
[8689]GOT WAYS", 7
[8691]DEVLIN INDICATED THAT. EPSTEIN'S INQUIRY WAS CONCERNED
[8692]PRIMARILY WITH MARTIN LUTHER KING AND THE ELSUR COVERAGE
[8694]. AFFORDED KING. EPSTEIN’S. INTEREST APPEARED :TO ALSO CENTER
[8696]AROUND WHO TOLD DEVLIN TO GO TO ATLANTIC CITY ‘AND THE AIMS
[8697]AND PURPOSES OF THE FBI*S ACTIVITIES AT ATLANTIC CITY, EPSTEIN
[8698]SEEMED ‘TO BE DRIVING AT THE POLITICAL OVERTONES CONNEGTED WITH
[8699]THE ATLANTIC CITY COVERAGE AND HE ASKED QUESTIONS PARTICULARLY
[8700]INVOLVING THE LEGITIMACY OF THE FBI‘S INVESTIGATION: AND: WHETHER
[8701]OR NOT FORMER VICE PRESIDENT HUBERT HUMPHREY AND THE LATE. ROBERT
[8702]KENNEDY WERE MONITORED. AS BEING IN CONTACT WITH KING.
[8704]FORMER SA DEVLIN INDICTAED HE WOULD IMMEDIATELY ADVISE
[8705]NEWARK SHOULD HE BE RECONTACTED REGARDING THIS MATTER.
[8706]END.
[8707]MEB FBIHQ CLR
[8709]NW 88296 Docld:32989532 Page 141
[8712]4-312 (Rev. 12-11-73)
[8714]Date of Mail 5/2/75
[8716]Has been removed and placed in the Special File Room of Records Section.
[8718]vt ae.
[8719]gel
[8720]See File 66-2554-7530 for authority. x0 9585 y
[8721]nis Sess x st
[8723]Subject __—_JUNE MAIL SENSTUDY -75
[8724]WOMAY 191975,
[8725]Removed By
[8726]File Number 62-116395-119-
[8728]Permanent Serial Charge Out
[8730]DOJ/ FBI
[8732]NW 88296 Docld:32989532 Page 142 _ . an
[8733]Der — — _ a
[8736]OPTIONAL FORM NO. 10 5010-106 ~
[8737]MAY 1962 EDITION -
[8738]GSA GEN. REG. NO. 27
[8740]UNITED STATES GOVERNMENT Assos. Dits
[8741]Dep. AD Adm. —
[8742]Dep. AD Inv. —
[8743]Memorandum cto
[8744]Comp. Syst.
[8745]TO: Mr. W.R, Wannall DATE: 5/1/75 Files & Conon
[8746]. *% Gen. Inv.
[8747]“ more ae epee
[8748]FROM + W.0 {Bean cae onan ConTATNED % tape
[8750]Laboratory
[8751]Plan. & Eval. —.
[8753]« Spec. Inv.
[8754]ay na
[8758]i eo eat glo 32 ap 2 Mest Pe
[8759]suBjecT: SENSTUDY 75 —
[8763]On 4/30/75 Mr. Donald E. Moore, Chairman of the
[8764]Security Committee, U. S. Intelligence Board, furnished
[8765]the attached list of Senate Select Committee staff members
[8766]who have been certified by the Chairman of the Select
[8767]Committee to the Central Intelligence Agency as having been
[8768]Cleared for access to classified information up to and
[8769]including Top Secret based upon a background investigation
[8770]conducted by the FBI within the last five years. Certain
[8771]of these individuals have also been certified by the
[8772]Select Committee for access to compartmented classified
[8773]information in accordance with the requirements of Director ;
[8774]of Central Intelligence Directive 1/14. —
[8776]Copies of the list of staff members are being
[8777]attached to the tickler copies of this memorandum for
[8778]retention by personnel who may be in contact with the
[8779]Select Committee staff.
[8781]ACTION:
[8783]For information and record purposes. F
[8785]a 00 if
[8787]Enclosure f 2 //b3 395 = f/d f
[8788]LFS:tdp (8) /
[8789]1 - Mr. Adams
[8790]1 - Mr. Mintz {8 MAY 13 1975
[8791]1 - Mr. Wannall a:
[8792]1 - Mr. J.C. Farrington
[8793]1 - Mr. J.B. Hotis
[8794]1 - Mr.
[8795]1
[8797]Cregar on
[8798]- Mr. Schwartz a Se va () \ Bsa
[8799]B
[8801]‘i, “.
[8803]be. Se ye ap
[8805]3 (9/5
[8806]| eA 8 Docid:32989932 Page 143
[8809]Pe
[8812]Aaron, David
[8813]Bader, William
[8814]Baron, Frederick
[8815]Benz, Charity I,
[8817]‘ Brooks, Nancy
[8819]Carter, Barry
[8820]Chesnik, Barbara
[8821]Davis, Lynn
[8822]Dawson, Thomas
[8823]De Oreo, Mary
[8824]‘Dillon, Molly.
[8825]“Dwyer, Daniel
[8827]Epstein, Michael T.
[8829]Fenn, Peter
[8831]- Gitenstein, Mark
[8833]= ! OlFlaherty, Jas.
[8835]Greissing, Edward
[8836]Hatry, Audrey
[8837]Inderfurth, Karl
[8838]Johnson, Dorothy
[8839]Johnson, Loch —
[8841]. Kieves, Lawrence
[8843]Kirbow, Charles |
[8845]fe Lombard, Charles
[8846]HLiebengood, Howard
[8847]. 4 McDonald, Naideen
[8848]iS a Meret, Michael J
[8850]+ Miller, William G.
[8852]Orloff, Jan
[8853]Peterson, John F,
[8854]Pitts, Susan
[8855]Romberg, Alan
[8857]' Schwarz, F.A,O,
[8859]Shea, Patrick -
[8860]Smith, Stephanie
[8861]Snider, Lewis B..
[8862]Towell, Mary
[8864]. : wie omen’,
[8866]Re see cry ro 1, 2 -
[8868]*y
[8870]_ DPSS
[8872]Dd.
[8874]8/21/38 D1.
[8875]9/8/31 NVI.
[8876]12/2/47 Conn,
[8877]7/23/46 N.Y.
[8878]2/14/40 Ky.
[8879]12/14/42 Cal.
[8880]4/18/46 WI
[8881]9/6/43 FL
[8882]9/9/52 Minn.
[8883]6/13/47 Ohio
[8884]4/16/51 Va. ~
[8885]8/24/52 Ma.
[8886]3/10/37 Mass.
[8887]12/12/47 Ma.
[8889]3/7/46 Ala.
[8891]11/27/50 Germany
[8892]6/10/23 Md.”
[8893]9/29/46 N.C,
[8894]6/8/25 OR
[8896]' 2/21/42 N.2Z,
[8898]1/4/48 N.Y.
[8899]10/2/22 Ga.
[8900]6/2/30 FR:
[8901]12/29/42 IN
[8902]10/19/51 Brazil
[8903]4/18/43 D.C...
[8904]5/4/19 NE
[8905]7/24/46 N.Y.
[8906]2/11/40 Ga.
[8907]8/15/31 N.Y.
[8908]11/4/42 Tl.
[8909]11/14/47 Ca.
[8911]. 6/15/41 Ca,
[8913]10/24/53 Canada
[8915]“12/1/38 N.Y.
[8916]. 4/20/35 NYY.
[8917]’ 2/28/48 Utah
[8919]3/23/54 OH
[8920]1/12/45 N.C,
[8921]4/25/44 TN
[8923]6/14/41 NVI.
[8925]69)
[8926]‘S 4
[8928]SSN
[8930]550-44-7971
[8932]545-300-3377
[8933]£94-54-524]
[8934]053-38-7410
[8935]313-38-6773
[8936]567-56-8854
[8937]390 -46-2235
[8941]471-60-1688
[8943]287-42-6258.
[8944].150-38-4588
[8946]023~44-8792
[8947]026-28-6318
[8948]213-50-1128
[8949]420-60-8767
[8950]296250-4113
[8951]216-14-8691
[8953]6
[8955]Compartmented Clearances
[8957]SI,
[8958]SI,
[8962]540-20-6413
[8963]566-62-0478
[8964]068-38-6464
[8965]252-12-5112
[8966]578-44-9471
[8967]307+-44-9707
[8969]225-738-8708
[8971]084-30-2047°
[8973]042-34-3797
[8977]133-34-4225
[8978]528-48-6848
[8979]109-26-~4349
[8980]239-62-8495
[8981]5 58-74-8394
[8982]565-56-7707
[8983]020-460-7638
[8984]107-30-8583
[8986]528-64-1965
[8988].282-58-6476
[8990]246-72-0956
[8991]566-64-7628
[8992]139-30-1936
[8994]verre q(t
[8996]THK,
[8997]TR,
[8999]TK,
[9001]TK,
[9003]TK,
[9005]TR,
[9006]TK
[9010]TK,
[9011]TK
[9012]TR,
[9016]TK, B
[9018]TK, B
[9020]TR,
[9021]TK,
[9022]TR,
[9024]TR,
[9026]TR,
[9028]BYC} 4/15/75
[9029]BYC$ 4/17/75
[9030]és)
[9031](s)
[9033]BYO)4/24/75
[9035]BYC}4/17/75
[9037]One
[9038]worn
[9042]BYC|4/24/75
[9043]BYG 4/24/75
[9045]G
[9046]BYC 4/18/75
[9047]BYC]4/17/75
[9048]BYC}4/15/75
[9050]Y¥C}4/15/75
[9051]¥Cj4/15/75
[9053](s).
[9054]BYC\4/22/75
[9056]BYC}4/15/75
[9057]BYC|/ 4/15/75
[9059]pyfly2e 75
[9061]BYG 4/17/75
[9063]@.
[9066]¢ e
[9067]1 Mel Wl RL Wannell
[9068]ALL lr Urimunt ius owe! dL _ 7 Re Bs Re manne
[9069]HEREIN IS UNCLASSIFIED May 6, 1975
[9070]DATE_a-ao-e¢ BY SP¥JAn/ln 1 = Me, W. 0. Cregar
[9072]Go07y AL INFORMATION PROVIDED TO THE 2-Mr.S.F.Phillips
[9073]| SELECT COMMITTEE (SSC)
[9074]a INVESTIGATING INTELLIGENCE ACTIVITIES
[9076]1. SUBJECT: Martin Usther King, Jr.
[9078]2. WITNESS’ ORGANIZATION: Mr. Jehn P. Devlin, retired
[9079]Special Agent, FBI .
[9081]9. CLASSIFICATION OF INFORMATEON: Unclassified
[9082]4. SUMMARY OF CONTENT:
[9084]. Mr, Devlin was questioned and furnished informat
[9085]‘ aoneerning: the former FBI investigation of Martin Luther
[9086]King, Jr... .
[9088]5, DATE OF INTERVIEW AND BEFORE WHOM:
[9089]eonduated by Mr. Michael Wier Staff
[9091]6,, ORGANIZATION REFERENCE NO: FBI file 62- 8 13 1975
[9093]a)
[9094]7, RELATXOM TO INTELLIGENCE COMMUNITY PROBLEMS: None, 7)
[9095]62-116395 dees e \,
[9097]1 - 100-106670 ‘(Martin lather King, Jr.) a
[9098]1 -.67-220521 (Personnel File Former SA John P. Devlin) jim a
[9100]Nampa /Ote ~+6E 672 ~
[9102]| Dap. AD Adm. NOTE; = Original via liaison to Central Community Index in as!
[9103]aon: Commection with Senstyudy 75. The furnishing of this Abstract is * E
[9104]oe on Oe suant. to protedure previously éstablished-in-cohnect ion. with a
[9105]ext Aons Similar interview by” ‘Epstein of former ~~ Lish Whitson. —
[9106]Files & Com — : ar
[9107]Gen. Inv . teat
[9109]Ident.
[9111]Inspection —__
[9112]‘Intell,
[9114]Laboratory
[9116]Plan. & Eval.
[9118]Spec. Inv.
[9120]Training
[9122]Legal Cou
[9124]Telephone Rm
[9126]¥ ELETYPE UNIT (_]
[9127]a one 32909532
[9129]> Page 145
[9131]GPO 954-545
[9134]ALL INFORMATION CONT ARE); 1- Mr. J, A. Mintz
[9135]DATED -20°6! BYSP4 Sarg teen 1-Mr .W.0.Cregar
[9137]lo07% RAL TiMFORMATION PROVIDED TO THE 9.¥ie,$,F Phillips ,
[9139]SENATE SELECT COMMITTEE (SSC)
[9140]INVESTIGATING INTELLIGENCE ACTIVITIES
[9142]1, SUBJECT: Martin luther King, Jr.
[9144]a 7
[9145]“| 2. WITHESS' ORGANIZATION: Mr. Daniel J. Brennan, Jr.,
[9146]retired Special Agent, FBI,
[9148]3. GLASSIFICATION OF INFORMATION: Unclassified
[9149]4, SUMMARY OF CONTENT:
[9151]Me. Brennan was questioned concerning the former
[9153]|
[9154]FBI invectigation of Martin Luther King, Jr., specifically y
[9155]during 1964. However, he was unable to furnish any of the N
[9156]requested information concerning the King investigation as SS
[9157]he could not recall any information of the nature desired. w
[9158]5. DATE OF INTERVIEW AND BEFORE WHOM: j ~
[9159]Interview conducted by Mr. Michael Epstein, Staff x
[9160]Member, SSC, 5/2/75. mo
[9161]| ey S
[9162]6. ORGANIZATION REFERENCE NO: FBI file 62-116395. \, ./ Ce '{
[9163]‘ “ ' {4 o
[9164]7. RELATION TO INTELLIGENCE COMMUNITY PROBLEMS: None. vs 1") i?
[9166]6
[9168]_
[9172]IY :
[9174]62-116395
[9175]1 - 100-106670 (Martin luther King, Jr.)
[9177]1 - 67-428628 (Personnel File Former SA Naniel J, Brennan, “Jr.)
[9179]J ge sag. - |;
[9181]Agsoe. bi. SEP 3 ekw (9 EKY Se A . Ch LT 4 ” }
[9182]Ben AD LAROTE : Original via liaison to Central Community Index in
[9184]Asses eonnection with Senstudy 75, The furnishing of this “Abst weet. teu
[9186]Admin. . : ry ©.
[9187]Comp. Sys, PULEUant to procedure previously established in connection with a
[9189]et Ate similar interview by Epstein of former Agent Lish Whi@sdHY 18 1975
[9190]Files & Com, P
[9191]an Jov. o. sod vnatenmnes
[9193]ent,
[9194]at a SS i
[9195]Laboratory \W rd “ff wit ip yee
[9196]Plan. & Eval. . a aos ‘ te
[9197]Spec. Inv. 7“ . ae
[9199]Pe
[9201]i
[9203]Training ‘. \. y
[9204]Legal Coun.
[9206]Telephone Rm, __ —< (! gu”
[9207]Director Sec'y... | MAIL ROOM TELETYPE UNIT L_] GPO 954-546
[9208]TywisRegg PdeI43WZ989532 Page 146
[9211]2
[9213]tne Pai oe be
[9215]ECO
[9219]ONTAINED
[9221]CLASSIFIZD
[9222]BY, J
[9224]FMDE)&
[9226]Ath TNFORMATION C
[9227]TPRRIN TS WIC
[9228]soot We 2)
[9230]RR
[9231]BA
[9233]1 - 67-29405 ersgihepirile Former SA Lish Whitson) 7 A /
[9235]SFP:ek; .y ge & SS |
[9237]@y I?
[9238]MAY 13 90S 20
[9240]aaa Docld:32989532 Page 147
[9242]OPTIONAL fogn NO. 10
[9243]MAY 1962 EDITIQN
[9244]GSArGEN. REG. NO. 27
[9246]UNITED STATES GOVERNMENT
[9248]Memorandum
[9250]1 - Mr. J. B. Adams
[9251]1 - Mr. T. J. Jenkins
[9253]Assoc. Dir.
[9254]Dep. AD Adm. —
[9255]Dep. AD Inv, __
[9257]Asst. Dir.:
[9259]Admin,
[9260]Comp. Syst. __
[9262]To :MR. J. B. ADAMS pate: April 25, 1975 Ext. Alfons —
[9263]wv 1 - Mr. J. A. Mintz rn Inv. =
[9264]a L - Mr, A. J Decker ae
[9265]BROM :MR. W. R. WANNALLg# . heme te
[9267](- - We ue 1 - Mr. W..R. Wannall re
[9269]oO 1 - Mr. W. 0. Cregar Plon, & Eval.
[9270]suBJECTYSENSTUDY...25- 1-Mr. S. F, Spec. Inv,
[9272]Philli ws Sarpy.
[9274]FORMER SUPERVESOR LESH WHITSON tae
[9275]ASSIGNED INTELLIGENCE DIVISION r depths Res
[9276]Difector Sec’y __
[9277]Ref y) Bit Vi
[9279]erence is made to my merken to you"4/24/75
[9280]reporting interview by Michael Epstein, Staff Member of the
[9281]Senate Select Committee on Intelligence Activities, of retired
[9282]SA Lish Whitson concerning a trip to Miami, Florida, by Whitson in
[9283]1964, The trip was for the purpose of mailing a package to the late
[9284]Martin Luther King, Jr., and indicated we were checking our records
[9285]for information regarding the expense voucher and Government
[9286]Transportation Request:: (GER) issued by Whitson and would report
[9287]our findings.
[9289]Jay Deane Cox, Voucher Unit, Data Processing Section, ge
[9290]Computer Systems Division, supplied the following information as
[9291]to the records available concerning Whitson's travel and what the
[9292]procedures generally are for maintenance of travel and Voucher
[9293]records, The Voucher Unit maintains a Travel Authority Card
[9294](TAC) for all investigative and any other FBI employees who have
[9295]évér had GIRs issued to them. The TACs are retained indefinitely
[9296]as there is no provision for their destruction. For every voucher
[9297]processed, there is recorded the voucher period, amount of voucher,
[9298]date processed and record of any GIRs issued.
[9300]P 7, Ch M6295 o| [5
[9302]The TAC for Whitson Ls entries to show that™én
[9303]12/9/64 a voucher was processed for payment to Whitson in the sum
[9304]of $19.40 for travel during the period 11/1-30/64. With that
[9305]voucher was a memorandum copy of a GIR issued 11/21764 to National
[9306]Airlines in the sum of $107.40 for air coach travel, Washington,D.C.,
[9307]to Miami and return. Attached to instantememorandumajs! a Kerox of
[9308]the memorandum copy of the GIR, which copy is being rétained in, the |
[9309]Voucher Unit. Because of the illegibility désaleiHes ‘from Xeroxing,
[9311]Enclosure CONGEINUED—= OVER
[9312]62-116395
[9315]* po
[9316]*. .
[9317]Rad
[9318]aa ,
[9320]Memorandum to Mr, J. B. Adams
[9322]RE: SENSTUDY 75, FORMER SUPERVISOR LISH WHITSON
[9323]ASSIGNED INTELLIGENCE DIVISION
[9325]62-116395
[9327]the entries to the GIR. have been reconstructed to make them
[9328]readable on this Xerox, The memorandum copy, which is being
[9329]retained in the Voucher Unit, is réadable. The markings on
[9331]the reverse side of the Xerox have no bearing on the date of
[9332]travel but are merely entries relative to the payment to National
[9333]Airlines, It might be noted that the issue date of this GTR,
[9334]11/21/64, has been determined to be a Saturday, which is the
[9336]day of the week Whitson recalled making the trip to Miami.
[9338]According to Cox, the Bureau does not maintain copies
[9339]of the actual vouchers and there is only a bare possibility that
[9340]a voucher over 10 years old, such as the oneinvolved in this
[9341]matter, would be maintained anywhere in the Government, such
[9342]as at the Federal Records Center,
[9344]ACTION:
[9346]None. For information.
[9350]nd
[9351]oe
[9353]NW 88296 Dochd:32969532 Page 143
[9356]TON, B.6.
[9358]- T prior ous, S15 F
[9359]7 PEGG Eg
[9362]. . LE CERT FUAL.S HAVE RECEIVED THE TRANSPORTATION AVICE OM FICKETS ALOUESTEO
[9363]. EXCEPT BS STATED ON REVERSE SIDE, fi a |
[9364]: . travetens —f A, Lf 5; ®
[9365]. SIGNATURE fy ik SLZ2 LED 1F 4A, /
[9367]tte he Lee Z
[9369]TRAVELER MUST ASCERTAIN COST OF TRANSPORTATION AND/OR
[9370]ACCOMMODATIONS AND RECORD IN SPACES BELOW
[9372]Tiaksronarion amt [AeCoMmOpANON ARE |* Tor |
[9373]TICKET AGENT WILL NOT ACCEPT THIS
[9375]’ . THLE os
[9379]syASOTONA
[9381]NW 88296 Dochd:32989532 Page 149
[9383]“OF INVESTIG:
[9385]Baayen apasied
[9387]z
[9388]Me lsy Cb tranylasiidins al fowest catt-gban
[9390]Feorwroreoe
[9392]" snow Cn ANG SUHCTICN POINTS AND WHERE MIXED CLASS SERVICE 15 Te OL FURTISHED SPECIFY
[9394]A TT
[9396]Libba Aes Leake
[9398]TH HOUNG THIP SERWIZE ALOUINED Walle 480 RETURN Y
[9400]WPLanc OF 4
[9402]ISSUE
[9404]FISCAL
[9406]OS02-
[9408]H ISSUING OFFICER'S
[9409]SIGNATURE
[9411]wtbers tell, wecommidel dod
[9413]TONER GFR, PE Seat, CTCH
[9415]wet wall ael galls a
[9417]DATA FAPPROPRIATION AUTHORIZATION TC.)
[9419]/- 70
[9423]. Xx,
[9425]LSP
[9427]Ks
[9428]of
[9430]OY BY
[9431]GP OY.
[9433]DLE
[9435]pirate
[9437]YO a
[9438]AMR O fb PRELYL OY
[9441]; yy a . re Teeth Get
[9442]. _ # , 4. a ees Meet Rd hae sinnton ty Brae se tte “diam obs, Ste + Teoen .
[9443]nar ~ Je a tee :
[9444].
[9445]“ .
[9447]V
[9449]: i
[9450]. d > ~ N “ ’
[9451]ry a \ .
[9452]¢ 78 .
[9453]2 t
[9454]. ® . - é ‘
[9457].
[9458].
[9459]* 2
[9460]a . ;
[9461]: neem sa me ty eermepecent eememneninee tr Mennne mene se - cee . em were noone ey
[9462]’ fo . {This space moy be vied to further edodtily services FeqUUE CD eee el a ce ae ‘
[9464]@ L 3a | —_—
[9465] . { a8 | TE ;
[9466]. i as SS a2
[9467]f Ge 52 | a
[9468]+ = 5 6 ty th
[9469]. Le . &
[9470]” 3 i} er rent mes 2
[9471]. i OQ 2s | ’ 6
[9472]s = 3 a ee —
[9474]5 be ow "2 INSTRUCTIONS TO TRAVELERS .
[9475]m8 8 . . .
[9476]> “ an . 1 . ° . . . . .
[9477]a 26 _ 1. This memorandum should be forwarded in accordance with administrative instructions. ,
[9478]go« & | wo ot . .
[9479]: B = ae [. 2, inasmuch as the memorandum card copy of the transportation request serves a very
[9480]<a f | . important administrative record, care must be exercised that such copy is legible and
[9481]' aw . zy complete in all respects when forwarded. .
[9483]eon .
[9484]if fe | 3. Indicate above the actual services furnished where same varies from that requested.
[9485]% | (See paragraph 7 of “CONDITIONS” on reverse of original request)
[9486]7 | | .
[9487]a a we tne ,
[9488]‘ . ; . * Rita, s
[9489]? , . “ s : -
[9490]% . ° .
[9491], wf a“
[9493]W 88296 Docld:32989532 -Page 150
[9495]ORTIONAL FORM NO. 10
[9497]4 5010-108
[9498]MAY 1962 EDITION
[9499]GSA GEN. REG. NO. 27
[9500]UNITED STATES 5 eee a
[9502]Assoc, Dir.
[9504]Dep. AD Adm. —
[9505]Memorandum ro
[9506]inn —
[9507]TO Mr. J. B, Adams pate: April 24, 1975 Ext. Affairs —_
[9508]. # 6 Files,& Com, __
[9509]Mak “Gah Anv.
[9510]THED Idenfi
[9511], oRMATTON coms nspection
[9512]fo W. R, Wannalig> ALL eee sop ssiRTED, ——
[9513][ . (e... . N ave Ly —
[9515]SUBJECT: SENSTUDY 75) Spe. nv,
[9517]FORMER” SUPERVISOR LISH WHITSON Legal Coun
[9518]ASSIGNED INTELLIGENCE DIVISION ' (S Telephone Rm. —
[9519]trad fg Director Sec’y __
[9521]8 4
[9523]Memorandum captioned as above 4/23/75 reported on
[9524]interview of Mr. Whitson by Michael Epstein, staff member of the
[9525]Senate Select Committee. The interview related to Whitson's
[9526]trip to Miami in 1964 at the instructions of former Assistant to
[9527]the Director William C. Sullivan to mail a package to Martin Luther
[9528]King.
[9530]Whitson telephoned my office twice this morning. At 10:35 a.m,
[9531]he advised that Epstein had asked him by telephone how Whitson had
[9532]made the trip to Miami, meaning how it was paid for. Whitson told
[9533]him he had issued a Government Transportation Request (GTR). Epstein
[9534]asked whether there was any prior written authorization for Whitson
[9535]to make this trip and Whitson told him there was none. Epstein
[9536]asked what kind of record would have been made covering the trip.
[9537]Whitson explained that the only record that he knew of would be
[9538]the expense voucher he submitted covering the expenses involved {
[9539]and possibly the copy of the GTR which he had issued. He explaine
[9540]to Epstein the voucher would merely show the GTR had been issued LA
[9541]for a round-trip to Miami and how much per diem had been claimed
[9542]in connection with the trip.
[9544]In advising of the foregoing, Whitson stated it was his
[9545]recollection he had made the Miami trip either in the late Summer
[9546]or early Fall of 1964 and that Martin Luther King was "away" at
[9547]the time.
[9549]In my absence from the office, Whitson called again at
[9550]11:05 a.m, to say that Mr. Epstein asked him as to whether he had
[9551]registered at the Airport Hotel in Miami and, if so, whether it was
[9552]under his own name, Whitson told Epstein that he ne had zesistered
[9554]under his own name at this hot -_
[9555]Pee 100° wee 7] 763 7: ‘. /f
[9556]ACTION; '
[9557]We are checking ‘our records for anti, vegan
[9558]the expense voucher and GTR issued by Whi tson_jnweomnection with
[9559]this trip and results will be ‘reported, =
[9560]WRW:iml (6) 4+” Puy Mp. UY
[9561]Pre: sista ry LA pe
[9562]i- ag .
[9563]i- te Wacket Th ;
[9564]i ~ Personnel File of SA Lish Whitson (Out of rare -)
[9565]A
[9566]MAY 4 3 1975 a“
[9568]NW 88296 Docld:32989532 Page 151
[9571]SIFYED
[9573]Y,
[9575]ALL INFORMATION connattey PS
[9577]HERETY IS UNCLAS
[9579]DATE/Pof/ 8B
[9581]i ny ebabel okt: saa Page 152
[9583]OPTIONAL FORM NO, 10 5010=106 ,
[9585]MAY 1962 EDITION
[9587]Osa GEN. REG, NO. 27 @ @ ssoc. Dir,
[9588]UNITED STATES G RNMENT ° rey
[9590]Dep. AD Adm. —
[9591]Dep. AD Inv. —
[9593]Memorandum as
[9595]Admin.
[9596]Comp. Syst. _—
[9597]Ext. Affairs __
[9599]: Mr. J. B. Adams DATE: 4-25-75 Files & Com. —
[9601]Gen. Inv.
[9603]Ident.
[9606]Laboratory-
[9608]Oo . (fi jan. & an _
[9610]: SENATE SELECT COMMITTEE - 2 yl spe, ve
[9612]ON INTELLIGENCE ACTIVITIES Training
[9614]Telephone Rm. —
[9615]Director Sec'y ——
[9617]HOUSE SELECT COMMITTEE
[9618]ON INTELLIGENCE ACTIVITIES
[9620]jotta s
[9621]Reference Legal Counsel to Mr. Adams memorandum of
[9622]4-9-5 to which the Intelligence Division placed an addendum dated
[9623]4-14-75 showing that Roderick Hills, Counsel to the President, had
[9624]requested that the Sergeants at Arms of the Senate and House of
[9625]Representatives keep the Bureau advised regarding checks made for
[9626]electronic listening devices in the offices of captioned Select Committees.
[9628]This was discussed on 4~23-5 by Inspector Bowers with
[9629]Senate Sergeant at Arms William Wannall and his Deputy, Robert nee
[9630]They were amenable to notifying us concerning the checks they make o a
[9631]Senate Select Committee space and the offices of the Members of this
[9632]Committee. Hough was designated by Wannall to handle this matter.
[9633]Hough advised that the special Capitol Police unit had made a check
[9634]of Room 8146 in the Capitol on that date (4-23-75) prior to a meeting
[9635]of the Senate Select Committee in that room and found nothing. Hough
[9636]stated they have received no requests whatever to make any checks of
[9637]the offices of individual Committee Members. He said he had discussed
[9638]this matter with William Miller, Staff Director of the Select Committee,
[9639]And-Miller indicated it would be taken up with the Committee but he has
[9641]hear i im,
[9642]eard nothing further from him REE.i99 L a. yj AGE ‘es oe ~ / /%
[9644]‘On 4-24-75 Bowe rs discussed. this matter with Kenneth
[9645]Harding, Sergeant at Arms of the House of Representatives. Harding
[9646]stated he has had no requests for any checks of the Members offices or~™
[9650]: Tuaw IN
[9652]carat
[9655]4
[9656]1- Mr. Adams ° a1 MAY 6 1973 Pa
[9657]1 - Mr, Wannall cafe #3
[9658]1 - Mr. White 3
[9659]1- Mr. Mintz 3
[9661]1 - Mr. Cregar
[9662]1 - Mr. Farrington
[9664]- oF | t :
[9665]1 - Mr. Bowers eR (Ve
[9666]“ OGis a UPS 4
[9668]DWBikjs (9) “cyt . CONTINUED - OVER MA
[9670]pe a
[9673]Legal Counsel to Mr. Adams Memo
[9674]RE: SENATE SELECT COMMITTEE
[9675]ON INTELLIGENCE ACTIVITIES
[9677]HOUSE SELECT COMMITTEE
[9678]ON INTELLIGENCE ACTIVITIES
[9680]space of the House Select Committee since the Committee really has not
[9681]begun to function as yet. He said he has discussed this matter with
[9682]Committee Chairman Lucien Nedzi, and he certainly will give us
[9683]complete accounting of checks they make of this Committee's space and
[9684]the space of the individual Members of the Committee,
[9686]RECOMMENDATION:
[9688]For information.
[9692]od ¥
[9693]S an
[9698]NW 88296 Dochd:32969532 Page 153
[9702]OPTIONAL FORM NO. 10 5010-106 ;
[9703]MAY 1962 EDITION ' a
[9704]GSA GEN. REG. NO. 27 .
[9706]UNITED STATES GOVERNMENT : Assoc. De a -
[9707]Memorandum
[9708]fo: Mr. J. B. Adams pate: 3-12-75 Piles & Com
[9709]Gen. Inv.
[9710]iV an 7 a. fa honeclion
[9711]From ; Legal Counsel-~; 2s. intall.
[9712]fi a Laboratory
[9714]ee i
[9717]DESTRUCTION OF BUREAU FILES ts ave Gel _
[9718]AND RECORDS (fords Sec'y
[9719]} we g #
[9720]Re my memorandum to you dated 5 14-75.
[9722]Pion. & Eval, —
[9724]As indicated in referenced memorandum, the Bureau's
[9725]program concerning destruction of files and records has been suspended
[9726]until we can determine whether it involves any documents that might
[9727]be of interest to the Senate Select Committee on Intelligence Activities.
[9729]We contacted William G. Miller, Staff Director for the
[9730]Committee, and he asked that we withhold further destruction of files )
[9731]until the Committee Counsel, who had not been appointed at that time,
[9732]had an opportunity to review the matter. Mr. F. A. O. Schwarz 3d,
[9733]a New York attorney, was recently named the Committee's Chief Counsel.
[9734]It is recommended that representatives of the Files and Communications
[9735]Division’and the Legal Counsel Division meet with Mr. Schwarz and 4
[9736]Mr. Miller at the earliest opportunity to resolve this matter. Me
[9738]te "Lhe
[9740]RECOMMENDATION:
[9742]BY.
[9744]That representatives of the Files and Communications
[9745]Division and the Legal Counsel Division meet with the Chief Counsel |
[9746]and Staff Director of the Senate Select Committee on Intelligence Activities 4
[9747]to determine whether the Bureau's destruction program can be apie
[9751]ALL INFORMATION CONTAIN.
[9752]HEREIN IS UNCLASSIFIED
[9753]fa
[9755]DATE /-
[9759]“2, +
[9760]re Lvs 21 MAY 2 1976 ay
[9761]1 - Mr. Callahan , e 4
[9762]1 -Mr. Adams mmf
[9763]1-Mr. Jenkins
[9764]1 -Mr. McDermott .
[9765]1-Mr. Ash a i a
[9766]1 - Mr. Wannall i ; °
[9768]1 - Mr. Mintz iad
[9770]1 - Mr. Farrington ’ a box HEY
[9772]: f
[9774]- Mr. Hotis AOD + ba LMAY § 7 Ibe
[9775]. 97r ad
[9777]rm 4
[9778]| NW 88296 ye ai MAY 15 1975
[9780]o
[9782]OPTIONAL FORM NO. 10 5010-106
[9784]Mar PEL EDITION r)
[9785]UNITED STATES . Assoc, Dir. —__.
[9786]oe ea.
[9787]ep
[9788]Memorandum Ah Ds
[9789]Comp. Syst. —_
[9790]TO :Mr. J. B. Adams DATE: 4-24-75 Fe em
[9792]Gen. Inv.
[9793]Ident.
[9795]Inspection 7
[9797]Intell.
[9799]Laboratoi
[9801]Legal ato
[9805]/ ou Leal Comer” Kt sneor 01 sims
[9806]3) pe 3S , Sa ALANS (Cie
[9808]Plan. &
[9809]Spec. Inv.
[9811]SUBJECT: * BENSTUDY ' ws yas A FOL Ie
[9813]Training
[9815]Telephene Rm.
[9817]SAC Thomas Kitchens of the Louisville Office Director Sec'y
[9818]telephonically advised on 4-23-75 that former Section Chief Fred Baumgardner.
[9819]had been-contacted by Michael Epstein, staff member of the Senate Sélect
[9820]Committee, and ‘Epstein had"sought to arrange an interview of Baumgardner.
[9822]SAC Kitchens adviséd Baumgardner réquested that a Bureau Fepresentative
[9823]be present during his interview. SAC Kitchens further advised that Baumgardner
[9825]will telephonically contact SA Paul V. Daly on 4-24-75.
[9827]telephonically related that he had been requested to come to Washington for
[9829]the purpose of being interviewed by Michael Epstein, staff member of the
[9831]Senate Select Committee. Baumgardner advised Epstein that he would make
[9832]himself available for interview but at his office at 970 South 4th Street, Louisville,
[9833]Kentucky, telephone number 584-5183. Mr. Baumgardner expressed concern £
[9834]regarding the interview pointing out that he was Section Chief in the Intelligence:
[9835]Division for some 18 years and during the time was continually dealing with 3 ‘
[9836]very sensitive matters which he felt were not the proper subject matter 6f disciis-
[9837]sion >. with people outside the FBI. Additionally, he pointed out he has been
[9839]out of the Bureau for some eight years and since he is not aware of current
[9840]Bureau operations he, therefore, requested the Bureau have a representative
[9841]present during the interview and that the Bureau representative so designated
[9843]be thoroughly familiar with Intelligence Division operations so that he might
[9845]be made aware of those areas which are sensitive and might compromise
[9847]current Bureau investigations. He suggested that the Bureau representative
[9848]should arrive sometime the day before . the proposed interview which is
[9850]4- 29-75 so that he may have a preliminary discussion with the Bureau repre-
[9851]sentative concerning those areas in which he has knowledge of and ay be
[9853]On 4-24-75 at 2:30 p.m. , former Section Chief Baumgardner Is act
[9857]sensitive. Re CR y yf bz Jer in secant
[9858]RECOMMENDATION: Ga6 EX1ig @ei] MAY 1 1975 |
[9860]That a representative of the Intelligence Division be made |
[9861]available to be present during the interview of former Section Chief Baumgardner
[9862]to assist Mr. ial Gad in insuring that he does not divulge or compe
[9864]sensitive material. ae vat _
[9865]1 -Mr. Mins GO at Mr. Cregar iy .f 1-Mr. Hotis Gt |
[9866]1 - Mr. Mintz 1~-Mr. Farrington | 1 - Mr. Daly
[9868]PVD: Dye. im Oe
[9870], NW 88296 Doctd: 39889532 Page
[9877]OPTIONAL FORM NOM10
[9879]UNITED STATES . 6 Assoc, Dir.
[9880]Dep. AD Adm. —
[9881]Memorandum oe haa
[9882]Comp. Syst
[9883]TO : Mr. J. B, Adams pate: May 1, 1975 as
[9884]Gen. Inv.; .
[9885]A ; lent. L452
[9886]LSROM W. R. Wannall (ay, ft BUNCE INBD: uh
[9888]K a O-~ © aay DATES.20-&) py Pen & — —
[9889]SUBJECT: SENSTUDY 75 + Ing,
[9890]FORMER-SUPERVISOR LISH WHITSON Sat fo. J
[9892]e Rm.
[9893]ASSIGNED INTELLIGENCE DIVISION G 02 seertste Ree —
[9894]Previous memoranda have reported former Supervisor
[9895]Whitson's contact with the Bureau to report concerning an_interview
[9896]of him conducted by Michael Epstein, staff member of the Senate ~~
[9897]Séléct Committee ot Intelbigenté’ Activities on 4/23/75, The (. ~~
[9898]interview related to Martin Luther King, Jr. “4 fae
[9900]On 4/30/75 Whitson telephoned my office to report that. Sy
[9901]he had been trying to establish in his mind the specific date when
[9902]he made a plane trip from Washington National Airport to Miami,
[9903]Florida. He had previously said he thought it was in the late
[9904]Summer of 1964, During a subsequent call he fixed the time as
[9905]the late Summer or early Fall of 1964, During his contact, 4/30/75, 3
[9906]Whitson stated that to the best of his recollection, this plane
[9907]trip took place in October, 1964. The Bureau's appreciation for
[9908]his call was expressed to Whitson/
[9910]Mele:
[9912]Memorandum 4/25/75 in captioned matter has reported
[9913]the location of information from the files of the Voucher Unit,
[9914]Data Processing Section, showing that Whitson traveled by plane
[9915]to Miami utilizing a GTR issued 11/21/64, It has been determined -
[9916]this date was on a Saturday, it being noted Whitson previously
[9917]stated he made the trip to Miami on Saturday and the return trip
[9918]the next day, a Sunday.
[9920]ACTION: REC a W/Z 7 S/O
[9922]None, For information and record purposes 16 MAY ,'7 1975 v4
[9924]wRW:1m1/"“6) bic tla
[9925]Mr. Adams
[9926]Mr. Mintz
[9927]Mr. Cregar
[9928]Mr. Wannall
[9929]Personnel File of SA Lish Whitson (Out of Service)
[9931]JUNBECORDED COP FILED ul
[9933]bY
[9935]1
[9936]1
[9937]1
[9938]L
[9939]L
[9941]Gus
[9942]. fp. My
[9944]Va. ‘a “Ae Gf /
[9945]Noell
[9948]NY £8290 \Doctd:99989532 Page 156
[9949]I EAA REE aa oe
[9951]THE DIRECTOR OF CENTRAL INTELLIGENCE “~
[9953]mae
[9956]WASHINGTON, D. C. 20505
[9958]ree / 30 APR 1975
[9959]| intelligence Community Staff ; . re len
[9961]MEMORANDUM FOR: Members of the USIB Ad Hoc
[9962]Coordinating Staff
[9964]SUBJECT : Security CLagrances
[9966]dansk G -
[9968]LL.
[9969]security clearances to date for members of the Senate (nee mm
[9970]Select Committee Staff. Attached is a listing of eight
[9971]additional Staff personnel cértified by Mr. William G.
[9973]Mill r, Staff Director, as meeting the requirements of
[9975]Executive Order 10450 for access to classified informa-
[9977]ion up to and including Top Secret. -
[9979]: ghn M. Clarke :
[9980]Agsoctlate Deputy to the DCI
[9982]foe the’Intelligence Community ~/04
[9983]Attachment: as stated REC: 106 bar “Lo 34 </
[9985]1% MAY '% 1975
[9987]_ fv 6368 Shera! Miosa2 Page 15
[9989]Secret.
[9991]NAME . DATE & PLACE OF BIRTH
[9992]Belva Brissett 6-23-41 Oklahoma
[9993]Margaret Carpenter 8-27-44 California
[9994]Joan Erno 8~30-46 D. C.
[9996]Arthur Harrigan 3-16-44 New York
[9997]Diane LaVoy 11-10-48 Venezuela
[9998]James Rowe. . 6-6-51 D.C.
[9999]Elizabeth Smith 6-21-49 New York —
[10000]Martha Talley 9-7-50. No. Carolina
[10002]4
[10004].
[10006]” . U2 Mb 39s
[10008]30 April 1975
[10010]Staff.Members of the Senate Select Committee on Intelligence
[10011]Activities who have received a security investigation by the
[10012]Federal Bureau of Investigation within the past five years
[10013]and are certified as meeting requirements of EO 10450 for
[10014]access to classified information up to and including Top
[10016]SOC. SEC. NO.
[10018]4HO-4Y4-6374
[10019]555-62-6129
[10020]215—46-2988
[10021]141-34-1031
[10022]165-40-3119
[10023]579-62-6719
[10024]076-42-0199
[10025]245-88-1368
[10028]OPTIONAL FORM NO. 10 5 5010-106 aos
[10029]t. rd MAY 1962 EDITION
[10031]GSA GEN. REG. NO. 27
[10033]UNITED STATES Monsen
[10035]Memorandum
[10037]TO : Mr. W. R.. Wannall | Vy
[10040]\)_frrom : W. O. Cregar
[10041]i “>
[10043]SUBJECT: SENSTUDY 75
[10045]1- Mr. dc. B.
[10046]1-Mr. J. A.
[10047]1 - Mr. E. W.
[10049]DATE: 4/22/75
[10050]1- Mr. J. B.
[10052]1l- Mr. W. R.
[10053]L1- Mr. W. O.
[10055]As
[10057]soe. Dir,
[10059]Asst. Dir.:
[10061]Adane - Admin.
[10063]. Comp. Syst. ——
[10064]Mintz Ext. Affairs
[10065]Walsh © Files & Com, —
[10067]Gon. Inv.
[10069]Inspec
[10071]Ident. f
[10072]ties cae
[10073]Hotis Intell. WY
[10076]Wannall Plan. & Eval. —
[10077]Cre ar eSpec. Inv.
[10078]g "Oe elle
[10079]Legal Co:
[10080]co e me
[10082]Di
[10084]This memorandum reports. the results of an
[10085]Executive Committee meeting of the Ad Hoc Coordinating
[10086]Group of Congressional Review for the Intelligence Community
[10088]on 4/21/75.
[10090]. The Executive Committee, hereinafter referred to
[10091]as the EXCOM, was chaired by Mr. John Clarke, Associate
[10092]Deputy to the Director of Central Intelligence (DCI) for
[10093]the Intelligence Community, in the absence of Mr. William
[10094]Colby (DCI), who had been called to the Hill to testify
[10096]on the current situation in Vietnam.
[10098]Present at the
[10100]meeting were Mr. Philip Buchen and Mr. Roderick Hills,
[10101]Counsels to the President; Mr. James Wilderotter, Associate
[10103]Ce.
[10105]APU EK,
[10107]ATX; LIVORMATION CONTAINED
[10109]Htobg
[10111]failed to appear.
[10113]at the meeting:
[10115]’ KEY ISSUES
[10117]HESHIN 15 UNCLASSIFIED
[10118]G,
[10120]issues by raised.
[10122]Enclosures ©
[10123]07 62-116395
[10124]woc: imh | mk
[10125](7), &
[10127]gs gt
[10128]SS
[10129]nvBodesell Sho sabe 532 Page 159
[10131]RFC 106
[10133]Counsel to the President; Mr. Thomas K. Latimer, Special
[10134]Assistant to the Secretary of Defense, as well as senior
[10135]officials of the State Department, National Security Agency
[10136](NSA), Office of Management and Budget, and the Treasury
[10138]- Department. Mr. Antonin Scalia, Assistant Attorney General,
[10139]was scheduled to represent the Department of Justice but
[10141]The following matters. of interest were discussed
[10143]issues which could arise from Senate Select Committee (SSC)
[10144]‘ deliberations. It is hoped these key issue papers will
[10145]permit the President's Counsel to be a more articulate
[10146]advocate of the intelligence community eS UG of these ,
[10148]Mb 8 9S- = jo
[10150]46 May 7 1975
[10152]reams ARSENE Sr ee
[10154]CONTINUED - OVER
[10156]oN
[10158]rector Sec’y —_
[10162]wv ‘The purpose of the key issue papers is to completely
[10163]ny familiarize the White House with all facets of certain key
[10164]i
[10168]<ct
[10170]_
[10173]Memorandum to Mr. W. R. Wannall
[10174]Re: Senstudy 75
[10176]Memorandum Cregar to Wannall dated 4/14/75 reported
[10177]that Mr. J. Dennis Miller of the Legal Counsel Division was
[10178]preparing the key issue paper entitled "Intelligence Files
[10179]and Privacy." A copy of the outline for this paper was
[10180]presented to the EXCOM with the commitment that a draft of
[10181]the paper would be ready for review in the next two to three
[10182]weeks.
[10184]Another key issue paper is one being prepared by
[10185]Mr. Warren D. Magnusson of CIA entitled "G. A. O. and the Audit
[10186]Authorities of U. S. Intelligence Agencies." Mr. Wilderotter
[10187]suggested Mr. Magnusson consult with the FBI inasmuch as
[10188]the Bureau was currently being audited by GAO. Mr. Robert
[10189]Finzél of the Intelligence Division maintains liaison with
[10190]GAO representatives auditing the Intelligenée Division.
[10191]Mr. Finzél's name will be furnished Mr. Magnusson for
[10192]consultation purposes in line with the suggestion from
[10193]Mr. Wilderotter.
[10195]' WHITE HOUSE RESPONSES. TO’ SSC REQUESTS
[10197]Enclosed is a copy of a memorandum from James A.
[10198]Wilderotter to Mr. John Clarke dated 4/16/75. The memorandum
[10199]advises that the White House provided copies of the Colby
[10200]report (including annexes), as well as a list of documents
[10201]to the Senate Select Committee on 4/14/75. The Colby report
[10202]is the document prepared for the President following the
[10203]Seymour Hersch articles which appeared in "The New York Times"
[10204]alleging CIA was engaged in massive domestic surveillances.
[10206]GUIDELINES FOR PARAPHRASING CERTAIN DOCUMENTS PROVIDED TO
[10207]THE SELECT COMMITTEES ~
[10209]Memorandum Cregar to Wannall dated 4/7/75 attached a
[10210]copy of sanitization guidelines for documents provided to
[10211]Congressional Select Committees. Attached to this memorandum
[10212]are new guidelines entitled "Guidelines for Paraphrasing
[10213]Certain Documents Provided to the Select Committees." In
[10214]essence the attachment is almost identical to the sanitization
[10216]guidelines. The reason for the change is the White House
[10217]prefers the word "paraphrase" rather than "“sanitization." Thus,
[10218]guidelines under the paraphrasing description were promulgated.
[10220]- 2°- CONTINUED - OVER
[10222]NW 88296 Dochd:32969532 Page 160
[10225]NW 88296 Docld:327989532 Page 161
[10227]Memorandum to. Mr. W. R.. Wannall
[10228]Re: Senstudy 75
[10230]LETTER TO THE ATTORNEY GENERAL FROM SENATOR EDWARD M.’ KENNEDY «
[10232]Attached hereto is a copy of a letter Senator Kennedy
[10233]has directed to the Attorney General. Copies of this letter
[10234]were furnished to the EXCOM by Mr. Wilderotter. In furnishing
[10235]a copy of this letter, Mr. Wilderotter noted that the
[10236]Department of Justice would handle the response to Senator
[10237]Kennedy after consultation with individual agencies as well
[10238]as the White House. Wilderotter was furnishing a copy to
[10239]members of the EXCOM for coordination purposes. He further
[10240]advised that the Department of Justice's response would be
[10241]made a matter of record with the Interagency Registry.
[10245]For information and record purposes.
[10247]r ne, wet eo
[10248]4° Op
[10250]AGX
[10251]ar
[10254]. FROM:
[10256]_ments.
[10258]to the Committee,
[10260]NW! 88296. Docid:32989532: Page 162. 1.”
[10262]MEMORANDUM FOR:
[10264]SECRET ATTACHMENT
[10266]-THE WHITE HOUSE
[10268]_WASHINGTON
[10270]April 16, 1975
[10274]DR, JOHN M. CLARKE
[10277]H
[10278]2
[10280]a aT es CS 5 TO
[10282]Ad Hoc Staff
[10284]Associate Deputy to the DCI
[10285]* ‘for the Intelligence Community |
[10288].
[10290]'. SECRET ATTACHMENT
[10292]‘ .
[10296]JAMES A, WILDEROTTER i!
[10298]On Monday, April 14, the White House provided copies of
[10299]the "Colby Renart! fincluding the annexes) and the attached list
[10300]of documents to the Senate Select Committee as classified docu-~
[10301]NSCIDs 4, 5, and 6 -~ as well as the obsolete and
[10302]superseded NSCIDs corresponding to them -- were not provided .
[10304]“62 We Be Dé
[10308]7 ge
[10311]nowite
[10313]SECRET
[10315]. . ' LIST OF DOCUMENTS TO BE RELEASED TO THE ;
[10316]. SENATE SELECT COMMITTEE ON INTELLIGENCE ACTIVITES
[10318]1. National Security Council Intelligence Directives (NSCIDs) --
[10319]- These directives prescribe the organization and division of respon-
[10320]sibility of the various elements of the intelligence community; provide
[10321]‘ procedures for the collection and production of overt intelligence;
[10322]establish a communications system for the rapid reporting of
[10323]critical intelligence information; and establish | the National Photo-
[10324]‘+! + graphic Interpretation Center. . mo -
[10325]“2. Obsolete and Suverseded NSCIDs.-- These documents predate the
[10326]': existing directives (in itern #1 above) but provide essentially the same
[10327]guidance under the bureaucratic structure established by previous
[10329]se
[10331]2.
[10332]acdsstaiitiationus. lL.
[10334]cote
[10336]3: Letter from President Nixon to Director Helms -- This letter,
[10337]- issued following a major review and restructuring of the intelligence
[10338].- . " community, set forth the Director's responsibilities and established |
[10339](. 7. + goals to channel his further effort, 11/5 /71
[10341]oy 4, ; -NSAM 57 ~ Paramilitary Operations own This memorandum defines
[10342]ee _ paramilitary operations; states US policy for rendering assistance
[10344]; +, to such operations overtly or covertly and establishes a procedure
[10345]‘., ‘for the planning and approval of paramilitary operations, 6/28/71
[10347]a "5, NSAM 124 - Establishment of the Special Group. (Counter-
[10348]ot Insurgency) -- This 1962 memorandum set forth procedures for
[10349]ensuring the use of all available government resources in preventing
[10351]. and re sisting subversive-insurgency and rélated forms of indirect ;
[10352]aggression in friendly countries, : . BC
[10354]- 6. NSAM 196 - Establishment of an Executive Committee of the
[10355]National Security Council~— This 1962 memorandum established a
[10356]| committee to serve as a crisis management group during the
[10357]Guban missile crisis,
[10359]7; NSC 5511 -- Establishment of a Net Evduation Subcommittee --
[10360]' This 1955 directive established a subcomittee of the NSC for the purpose
[10361]‘of providing estimates of the capability of the USSR to inflict direct
[10362]injury onthe US in time. of general war, '
[10364]7 Nw 88296 _Doecld: 32989532 Page WS +’.
[10366]SECRET ; ‘we 2a
[10368]8. ‘NSAM 5815 - Comparative Evaluation Group -- This 1958 directive
[10370]established an inter-agency body to prepare comparative evaluations
[10371]of the US and Sovict weapons systems, ;
[10373]9. — NSAM 303 - This 1964 document changed the name of the Special
[10374]Group (5412) to the "303 Committee". (The Predecessor body
[10375]documentation is at Tab B). . :
[10376]10, NSAM 327. _-This 1965 memozvandum disestablishes the net
[10377]; evaluation Subcommittee of the NSC. ‘ .
[10378]ll. NSDM 40 ~ Covert Operations.-- This directive provides authority
[10379]and sets forth procedures and responsibility for the planning, approval
[10380]‘and conduct of covert operations. It also brings a number of Defense
[10381]-sreconnaissance activities under the cognizance of the 40 Committee.
[10383]12, NSDM 224-~ This 1973 directive established a Met Assessment:
[10384]- Standing Commiitee to carry out intelligence assessments as directed,
[10385]by the NSC, ee
[10387]13. NSDM 239 - National Net Assessment Process -- This directive |
[10388]‘transferred responsibility for management of the subject program from
[10389]the NSG to the Departmient of Defense, : ”
[10391]- 14. NSDM 253 ~~ This 1974 memorandum updated the  ternbershtp of
[10392]. the NSC Intelligence Committee.
[10394]15, The balance of documents included herein consist of unclassified
[10395]reports, diagrams and press releases concerning the organization and
[10396]functioning of the NSC and the Intelligence Community.
[10398]le
[10400]nw séz96 SEBUM. page tes
[10402]J NW 88296 .Docld:32989532 Page 165. -
[10404]THE oo OF CENTRAL INTELLOENC gy
[10406]a . WASHINGTON, D, C. 20505-
[10408]21 April 1975
[10410]MEMORANDUM FOR: Members of the USIB Ad Hoc Coordinating Group
[10412]SUBJECT _ ¢ Guidelines for Paraphrasing Certain Documents
[10413]‘ Provided to the Select Committees
[10415]1, Attached is a guidance paper, subject as above, prepared
[10417]by the USIB Security Committee, and approved by the Director of
[10419]Centr al Intelligence.
[10421]2. In the interest of commonality in our approach to the
[10422]matter of paraphrasing sensitive documents, it is requested that
[10423]each of you arrange for the use of these guidelines in the handling
[10424]of responses trom your organizations to requests irom the Select
[10426]Committees. .
[10427]Veh. Su . Ci gk
[10428]John M, Clarke #~
[10429]Associate Deputy to the DCI
[10430]for the Intelligence Community
[10432]Atta chment
[10434]ernst 7
[10436]62 oy 3 p> 18
[10439]-GUIDELINES FOR PARAPHRASING SENSITIVE INFOR MATION IN
[10440]CERTAIN DOCUMENTS PROVIDED SELECT COMMITTEES
[10442]1. The Director of Central Intelligence has recently discussed
[10443]with Senator Church the need for special consideration and treatment
[10444]by the Select Committee of certain sensitive aspects of intelligence
[10445]activities and the Senator has expressed his recognition of this need.
[10447]It is anticipated that appropriate arrangements can be miade so as to
[10448]avoid the risk of exposing such matters and at the same time satisfying
[10449]the Select Committees' need for a full understanding of the intelligence
[10450]community's activities. Included in such matters ave the identities of
[10451]sensitive sources, the material provided to the United States by -
[10452]‘cooperating foreign intelligence services, the details of technical
[10453]devices and systems and of operational-methods, the identities of
[10454]certain employees whose safety could be jeopardized if revealed, the
[10455]identities of American citizens and organizations who have cooperated
[10456]with US intelligence and some additional materials the public disclosure
[10457]of which would create serious foreign policy or national security
[10458]problems, Such material should he protected not only from exposure
[10459]but indeed the risk of exposure. Further, recognition should be given
[10460]to the need to protect certain other information which, if improperly |
[10461]disclosed, might impair the privacy rights of individuals.
[10463]2. Proper procedures should enable intelligence community
[10464]members to prevent risk of disclosure of sensitive sources and ,
[10465]“-methods and at the same time present to the Select Committees the
[10466]necessary details to allow for their proper understanding of community
[10467]activities.
[10469]3. The procedures described herein are not to be used as
[10470]downgrading or declassification guides. All concerned should be :
[10471]mindful that application of these procedures will not declassify,
[10472]downgrade or remove from compartmentation controls any documents
[10473]or information provided the Select Committees, unless individual
[10474]advice to that effect is provided as well.
[10476]4.° What May Be Paraphrased
[10478]While it is not possible to anticipate all requirements which
[10479]may be levied by the Committees for documenting material and not
[10481].
[10483]| NW 88296 Docld:32989532 Page 166
[10485]: . . .
[10486]s te
[10487], rd) : .
[10489]possible to determine specifically what material should be excised
[10490]fxom these documents, the following illustrations are offered in
[10491]certain likely categories. The criteria in all cases should meet
[10492]the test mentioned above.
[10494]ry
[10496]5. Collection of Intelligence
[10498](a) The Committees will probably address the matter of how
[10499]intelligence is collected. Documents supporting responses may be
[10500]paraphrased by removal of identities of sensitive agents and informants,
[10501]covert personnel, and contractual cover arrangements, A descriptive
[10502]phrase may be substituted, i.e., a foreign journalist, a political
[10503]official in the opposition party. No paraphrasing should be used in
[10504]connection with names of individuals whose employment or former
[10506]- employment by, or association with a department or agency, does not
[10507]remain secret or for individuals whose present or future activities on
[10508]behalf of the department or agency do not require that previous cover
[10509]arrangements remain secret.
[10511](b) Some information may be required with respect to
[10512]- technical intelligence systems including eryptologic and communi-.
[10513]cations activities and reconnaissance capabilities. Almost all of
[10514]such material is currently handled in compartmentation control
[10515]channels under various codewords or nicknames. No security threat
[10516]' "4B perceived by use of these codenames or nicknames in classified
[10517]_'. documents. Details of the technical systems which would reveal
[10518]J critical operational capabilities and contractual and funding arrange-
[10519]: ments which would identify individuals whose participation was
[10520]obtained under agreement of continued secrecy may be excised from
[10521]documents, Any question on release of codeword material should be
[10522]referred to the Program Manager who in turn may consult with the
[10523]Director of Central Intelligence to ensure a consistent approach in
[10524]the Community's paraphrasing procedures, While documentary
[10525]samples of intelligence obtained by technical means may be used
[10526]i ‘in support of testimony, special consideration should be given with
[10527], regard to’ raw products which reveal critical operational capabilities.
[10529]Lae
[10531]| NW 88296 Docld:32989532 Page 167 « ; .
[10534]6. ‘Intelligence Estimates
[10536]Finished intelligence reports and estimates do not usually
[10537]contain source identifications and will not normally require para-
[10538]phrasing. However, departments and agencies should review such
[10539]publications to ensure deletion of sensitive source identities and
[10540]details of collection systems.
[10542]a Admini stration
[10544]Information concerning the administration of intelligence.
[10545]agencies may be required. This may include staffing charts with
[10546]occupants identified. Identities of personnel formerly not under
[10547]cover and now functioning in a cover assignment should be deleted
[10548]as well as those who may in the future be considered for a covert
[10549]assignment.
[10551]8. General
[10553]The. following categories of information or. specific examples
[10554]may arise in any number of circumstances in documentation re-
[10555]’. quested by the Select Committees. In all cases, serious consideration
[10556]should be given by the department or agency concerned to the necessity
[10557]“» of deletion or paraphrasing of this type of information, prior to
[10558]providing the document,
[10559](a) Agent or informant names or operational information :
[10560]revealing them, : :
[10561](b) Details which would reveal sensitive methods and
[10562]. techniques (1) employed in human source collection, (2)
[10563]employed for the physical security protection of the
[10564]department's or agency" s personnel or Physical’ ‘environment.
[10566](6) The numbers, locations, times and other indications
[10567]of recruitment, attempted recruitment or emplacement of
[10568]- personnel within targeted foreign organizations,
[10570]‘os
[10572].
[10574]_ NW 88296 Docld:32989532 Page 168. 0
[10577]‘ ‘ . . : -
[10578]e. oe . . , . .
[10579]. .. . . *
[10580]‘8
[10581]way :
[10583](d) Names of particular employees whose physical
[10584]' safety or future careers might be placed in jeopardy by
[10585]“ exposure. -
[10587](e) Foreign or US sources, official or otherwise who ,
[10588]agreed to cooperate under terms of explicit or implied
[10589]confidentiality, who would be embarrassed or endangered
[10590]by disclosure of their role. :
[10592](f) Assumed identities, locations or other information
[10593]permitting identification of defectors or refugees who might
[10594]be targeted for retaliation.
[10596]_ (g) Identifying information on intelligence services of
[10597]friendly and neutral countries and collaboration of those
[10598]services with US intelligence agencies,
[10600](h) Identification of technical foreign intelligence
[10601]operations of high vulnerability or extremely high political
[10602]. sensitivity. an .
[10604]' (i) Details of arrangements with US and foreign banks, _—_
[10605]‘investment houses, etc., in support of intelligence operations. —
[10607]_-(j) Specific information on special relationships with
[10608]a _ private firms established with the approval of top corpovate
[10609]officials. This includes names of firms or industrial
[10610]‘associations that collaborate in a special manner such as
[10611]providing cover for foreign intelligence operations.
[10613](k) Names of firms collaborating with US intelligence
[10614]‘agencies in collection and assessment programs (especially
[10615]those having large foreign clienteles).
[10619]QQ) Proprietary,: ‘trade secret or patent information.
[10621]2 _ . . : . oe
[10623]_ NW 88296 Dogld:32989532 Page 169..:° °° +”
[10626]. * .
[10627]7 : , ony .
[10628]. . . *
[10629].
[10631]| 9. Techniques of Paraphrasing
[10633]. Paraphrasing of intelligence material may include the
[10634]physical removal of the identity of a person, place or thing from
[10635]written communication with or without regard for the residual
[10636]content. Use of a substitute terms is an example of paraphrasing
[10637]which permits intelligent continuity of the material without revealing
[10638]the true identity. Paraphrasing does not. extend to the use of false
[10639]or misleading substitute material.. :
[10641]‘The integrity of official records must be maintained, Thé
[10642]following paraphrasing techniques apply only to copies of records,
[10644](a) Names may be obliterated, masked or replaced
[10645]with substitute terms, the residual material xeroxed and
[10646]the copy submitted to Committees.
[10648](b) The material can be retyped or reprinted with
[10649]substitute phrases or substitute descriptions which do not
[10650]_Feveal the sensitive material.
[10652](c), Entire pages can be removed from some documents
[10653]and replaced with a blank page carrying only reference ,
[10654]-‘information as to the location of the sensitive material
[10655]within the contributing department or agency.
[10657](a) Within a category of inquiry, it may be desirable
[10658]‘to extract a complete document from requested material when
[10659]the request is broad and all-inclusive within its field. The
[10660]’ existence of such a document should be made known to the
[10661]‘Committees but retained by the agency or department for
[10662]review under escort of a representative of the department
[10663]or agency. :
[10664]‘7 1 10,’ Management of Documents
[10666]oe, . : . : a
[10668]The original record and a copy of the paraphrased version
[10669]provided should be readily available in all cases. Materials developed
[10670]within an agency or department in response to requests should be
[10672]NW 88296 Docld:32989932 Page 170, 7 ee a
[10675]ate
[10677]. se 8 sy . “e :
[10679]t
[10681]ti
[10682]st
[10684]reviewed at an appropriate level for completeness, responsiveness
[10685]and accuracy. In the case of documents or materials of a community
[10686]nature, the release should be done in coordination with the depart-
[10687]ments or agencies and/or the Program Manager concerned an any
[10688]paraphrasing should be agreed upon during coordination.
[10690]This proposed use of paraphrasing as a special arrangement
[10691]to protect selected issues contained in material provided to Select
[10692]Committees by one agency may prove to be a futile exercise if not
[10693]practiced in common by all participating departments and agencies.
[10695]It is essential to the proposal that departments and agencies attempt
[10697]to employ the same criteria for paraphrasing and coordinate as
[10698]required. This paper can serve only as general guidelines.
[10700]Pes
[10701].
[10704]NW 88296 Docid:32989532 Page 171” “ eg
[10707]. + ’ . . .
[10709]' "' ,% JAMES 0, EASTLAND, MISS, CHAIRMAN" @ eo sumcouMtrree: “fe nyt hh
[10711]sont Be ieeet, Awd, TOMAN L. HUSKA, MERA, : . ‘
[10713]LAM eS med, Jae MC, HHPAM LL. FOr.G, HAWATE . a ARO M. KENNEDY, MASS., CHALPMAN
[10714]»  RMLIP Ae ART I pice. HUSH SCOTT, FA. ’ PHILIP A, HART, MICH, BTAOM THURMAN, S.C.
[10716]EOWARD fi, és . > STRUM THURMOND, S.C, : BIRCH BAYH, IND. CHARLES MC C. MATHIAS. IR,. MD.
[10718]epic pe . MARLOW W. C024, KY. o LQUFNTIN N, BURDICH, ML OAK, «= EDWARD J GUNNEY, FLA,
[10719]COENTIA NS, Z annex, NM, DAK, CHARLES MCC, MATHIAS, JR. MO, SOHN V. TUNNEY, CALIF.
[10720]ROIERT C. EYRO, Ww, VAL EDWARD J. GURNEY, FLA,
[10722]JOHAN V. TUNNEY, CALIP, NATHAN CLVENTHAL, CHIEN COUNSEL
[10724]PETER M. STOCKETT, J. “OU artle 3 Apt Sates denet
[10726]CHIEF COUNSE® AND STAFFS DIRECTOR
[10728]COMMITTEE OM THE JUDICIARY
[10729]. SUBCOMMITTEE ON
[10730]ADMINISTRATIVE PRACTICE AND PROCEQURE
[10732]. us - GUNRSUANT To SEC. 3,5. RES. $5, 83D CONCHESS) : . HGP og
[10733]So ; WASHINGTON, D.C. 20510 ‘ TY As
[10735]Honorable Edward H. Levi
[10736]Attorney General
[10737]Department of Justice
[10738]Washington, D.C.
[10740]Dear Mr. Attorney General:
[10742]ae "+" +. KR newspaper report in today's Washington Post
[10743]: has ‘raised serious questions as to how many rederal
[10744]agencies engage in electronic surveillance and the extent:
[10745]of such surveillance. _ L, .
[10746]. “Ata hearing en May -23, 1974, “before the’ “gubcomni ttee
[10747]on Administrative Practice and Procedure, Attorney General . |
[10748]-Saxbe testified on this subject. TI asked him: "Can you... -. |. °
[10749]tell us about any other organizations or government so ;
[10750]: -departments that are involved in any wiretapping at all
[10751]_ "+ today?" The Attorney General replied: ‘We do not believe
[10752]-. that there is anyone else and the penalties are rather
[10753]. Severe.” {p. 495) I am enclosing a copy of the hearings
[10754]for your convenience.
[10755]“whe recent reports raise questions concerning the
[10756]. completeness and clarity of Attorney General Saxbe's
[10757]earlier testimony. President Johnson's executive memorandum
[10758]of June 30, 1965, requires that federal agencies engage in
[10759]wiretapping only with the prior approval of the Attorney = :
[10761]_. ~ -General. In order to fully answer the questions that have = hom:
[10762]-  * ‘been raised, I request that you provide the Subcommittee .on —
[10763]- 0 Admini trative Practice and Procedure with the following. vn peng
[10764]mee ‘information by April 16: -. Lad, Di Z — eo Cf x
[10766]on, “le Ue CASPER Eas
[10767]Y. A list of all federal departments, agencies, ‘bureaus :,
[10768]‘divisions, and other units that conduct, have conducted, -.or have oN
[10769]authority’ to conduct electronic surveillance of any: “type” ‘Cineludin ag t\
[10770]wiretaps, bugs, and other uses of any device or apparatus which ‘
[10771]‘ean be used to intercept a wire or oral communication). aos pa
[10773]eee aah Ani han
[10774]“ORIMINADCE TT One ys so
[10776]cal 62: “Ub PFS ~/08
[10778]“NW 88296 Docid:32989532 Page 172-
[10780].
[10782]' , Honorable Edward H. Levi
[10784]April 10, 1975
[10785]Page 2
[10787]2. For each agency listed under #1 above, the specific
[10788]statutory or other authority for the agency's conduct of
[10790], electronic surveillance.
[10792]3, For each agency listed under #1 above, all guidelines,
[10793]procedures, rules and regulations relating to the conduct
[10794]of electronic surveillance.
[10796]‘4: For each agency listed under #1 above, a specification
[10797]of whether the agency's conduct, or authority to conduct,
[10798]electronic surveillance includes:
[10800]a. Electronic surveillance ‘conducted pursuant to a
[10801]court warrant obtained under the provisions of sections 2516
[10802]and 2518 of title 18, United States Code;
[10804]: b. Electronic surveillance coriducted without a
[10805]court order obtained under the provisions of sections 2516 and
[10806]2518 of title 18, United States Codes
[10808]a rae Hh et ote
[10810]Cheers iS ner eto
[10812]a Tanna an
[10815]&. Diectronic surveillance con
[10817]‘united States 3
[10819]a. Electronic surveillance conducted in foreign
[10820]countries . a . a
[10822]_ 5. For each agency listed under #1 above, the number of
[10823]electronic surveillances in place on Aoril 1, 1975, and the
[10824]number of electronic surveillances in place at any time during
[10825]the calendar years 1970 through 1974 (with a description of
[10827]ENS method used in. computing these figures).
[10829]cy am sure you appreciate the need for the questions
[10831]raised by Attorney General Saxbe's testimony to be answered |’
[10833]as quickly and definitively as possible. These questions
[10834]demonstrate-once again the need for close cooperation between
[10836]_ the Department of Justice and the Congress.
[10838]“Many of the questions posed in this letter were originally
[10840]raised in my letter of October 10, 1973, to Attorney General
[10842]Richardson. The Subcommittee requested "additional information
[10843]on April 16, 1974, and at the hearing on May 23, 1974. Attorney
[10844]General Saxbe indicated a willingness at the hearing to ;
[10845]provide this information in the near future, but none of
[10847]this information has been provided. I am enclosing copies
[10849]of the October 10, 1973, and April 16, 1974 correspondence
[10851]. . &
[10855]NW'°88296 Docld:32989532 Page 173 - *-
[10858]e .
[10859]eo. cand .
[10860]. .
[10861]e .
[10862]° . as *
[10863]. my
[10865]‘Honorable Edward H. Levi
[10866]April 10, 1975
[10867]Page 3
[10869]for your convenience, and would appreciate your letting me i
[10870]know by when the information requested in these letters and c 4
[10871]at the hearing will be made available.
[10873]with best wishes,
[10875]Sincerely,
[10877]howl At Noousclf
[10879]fs M. Kennedy
[10880]s+, Chairman
[10881]ey Subcommittee on Administrative . so
[10882]- Practice and Procedure :
[10884]fF NW 86296 Docid:32989532 Page 174
[10887].
[10889]We look forward to hearing from you and to making the necessary arrangements
[10890]for your appearances. :
[10891]“With best personal regards o
[10892]Sincerely, . , : :
[10893]Fowarn M. Krxxevy. -.
[10894]. Chairmun, Subcommittee on ldministrative Practice and Procedure.
[10895]. Sane J. Ervin, Tr.,
[10896]oo, ; Chairman, Subcammitice on Coastitutional Rights,
[10897], re . Epwenp §. MesKre,
[10898]2+. Chairman, Subcommitice on Surveillance. -
[10899]ot wt . - U.S. Senate, ”
[10900]m4 . . - CosMirtee ON THE Jeuptcrany, -
[10901]po tH, Sugcoscrres ON ADMINISTRATIVE PRACTICE AND PROCEDURE,
[10902]We ash ington, D.C, April 16, 1974.
[10904]Ton, Youn Davitt,
[10905]Chief. Internal Security Section, Criminal Division, Department of Justice,
[10906]Washington, DC. .
[10908]“Dear Mr. Davirr: I appreciate your meeting with me to discuss the nature
[10909]of the requests by the Subconunittee on Administra tive Practice and Procedure
[10910]* for materials relating to warrantless electronic surveillances. The purpose of
[10911]this etter, as you requested, is to memorialize the Subconmmittee’s spevitie
[10913]The materials requested are listed in the attuched memorandum. Of course.
[10914]these requests are not intended to be exclusive or exhiustive, aud are in addition
[10915]to any other reqtests that may be made by the Stbeammitiee.
[10917]ZI appreciate your cooperation in seek ing to ensure that these requests be
[10918]met proniptiy. Tf all the platechils requested are not readily availnbie, IT would
[10920]to ths Dey rare PE ing rhe vo in ineramante as ther are
[10921]‘assembled, .
[10922]<I will look forward to Working with you on: these and related matters, With
[10923]best regards. oe ote yen
[10924]« Siticerely, - ~ _ 7 : a
[10925]Ps wo . - ne cose * Kenyerit M. Kavrsan,
[10926]rae a oot : hot : Assistant Counsel. *
[10928]- . 7 lof oo
[10932]MATERIALS ON WARRANTLESS ExLectroxte Sunvernrance Requesten BY THE
[10933]. Supe OM MIETEE ox ADMINISTRATIVE PRACT AND PROCEDURE .
[10935]. + 4. For a representative ‘group of electronic snrveillances, please provide the
[10936]mmateriats listed under sither “A ex Gs" below. By “representative” is meant a
[10937]_ &voup that fs represent: ative with respect to (2) the stitutory categories of Section
[10938].-  2511(3), Title Is, United States Code, useil by the Attorney General in authorizing
[10939]the surveillances: (b) the types of targets of the surveillances: (0) the rrpe of
[10940]surveillance. es. telephone. microphone ov others amd (dy the date of aw 1Z&-
[10941]tion ef the surveitlauces. both before and after rhe seprenie Court decision ia
[10942]-  Cntled States vo United States District Canrt, tut Us. 207 (inT2).
[10944]. a ~ | ‘AL Copies of documents contauinivs: (1) reqrests for authorization of elec-
[10945]a: tronic surveil es from the Director of the FBf re the Attorney General: (2)
[10946]seg Et 1 . authorizations signed hy te Atterdey General: (3) requests for ren vutheriza tien
[10948]. Of existing electronic survei * From the Director of the FRI to the Aupcney
[10949]General: tf) reauthorizations sisned by the Artornes tienecals amt (39 cum
[10950]auunications hetween the FBL or the Department of Justice and a telephone
[10951]company resarding the installation, untintenance. or discuntinuauce of elecrrenie
[10953]Mances, These documents would be for actual as opposed to hypothetioal
[10955]stttveilinaces, but not sevessavily surveiliances which gre eurrently active.
[10957]. and other data which identify targets ef the surveillances could be
[10958]ised, The documents world begiven co the Subcaummittee sta out contiden-
[10959]tial basis, and appropriate measures would be taken ro ensure that they remain
[10960]eonfidenti: Lo They could be shawn te aupreprinte staf of the Sabcommittee
[10962]- 4. Of Constitutional Rights and the Foreign Rel: tons Subcommittee on Surveil-
[10964]Raines tinder (hy same condition of contideuciality.
[10966]BK. Copies of the sine materials referred to im &A" above excent that the
[10967]documents would represent hypotheligah rather than’ aerpal, electronic spirveil-
[10968]lances. The materials would, however, acenrately reflect documents for actual
[10970]7
[10971]teem
[10973]Cy ee
[10976]74
[10977]_
[10980]. . ° .
[10981]. , .
[10982]a ° " . , .
[10983]mo . .
[10984]. oo. . , : . . 0 ~ . “
[10985]. + . . . . .
[10986]. . ” . . . “ . . .
[10987]° . . . ‘ ‘ot
[10988]Chal ° . . . . wee . _
[10989]te 1% . . : “ - . a . . .
[10990]+ ° y oe . ‘ .
[10992]NW 88296 Docld:32989532 Page 175-2 8
[10994]requests, : x -.
[10996]Sem mpemeueve nso.
[10998]opeetn gehcnay
[10999]o
[11002]“. » * “ md wife, . 618 . .
[11003]: . Furveillances. The materials woul he supplied to Subcommittee staff on a noan-
[11004]‘oe + eunGdential basis, since ther would represent hrpothetical aud not real sur-
[11005]“veillances, In acklition, the Subcommittee stat would be shown copies of some
[11006]L documonts for actual surveilhiunees (from whieh names and identifsing dara
[11007]7s could be removed) in order to compare them with the hypocheticabs,
[11008]. 2. Copies of actual or hypetheticut decuments reflecting each step in. the
[11009]‘ . tome process of review within the FRC of a request to initiate a warratitiess electronic
[11010]. ’ ee. survefliance. At the inceting of February 27th, Director Wetley referred to at
[11011]ae : . least a ten-step process within the FRE for reviewing a request for a wiretap.
[11012]: 7 ’ Director Kelley tindicared that there are eommunicatiens to and from the agent
[11013]in the field, the agent's supervisor, the Assistant Agent in Charge, the Agent in
[11014]. . "Charge, the supervisor in the appropriate division of.the PRI, the Wnit Chief,
[11015], : wo, the Section Chief, the Branch Chief. the Assistant Director, the Assistant to the
[11016]. . Director, and the Director. ‘to rhe extent that there may be diffecences in the
[11017]: review procedure for “bugs” as opposed to wiretaps, please provide documents
[11018]‘ reflecting these differences.
[11019]: 3. Copies of any FBI or Department of Justice rules, regulations, documents
[11020]" procedures, mands or portions of manuals relating in any way to rhe initiation,
[11021]oe installation, conduct, maintenance. supervision, appreval, authorization. rea
[11022]* thorization, financing, ov discontinuance of warrantless wiretaps or other elvc-
[11023]tronic surveillanees. see
[11024]4 Copies of any documents, rules, reculations, procedures, manuals or portions
[11025]“of manuals relating to record-keeping procedures and hide in the ERT or
[11026]Co, the Department o£ Justice with respect to warrantless electronic surveillances,
[11028].
[11030]os -yo. . a soa te ee , “US. SENATE. :
[11031]; ie ~ a - ee = * Comstrrree ON TIVE Tunicragy,
[11032]. . tt * Suncossurzer ON ADMINISTRATIVE PRACTICE ANO Procepcer,
[11034]Washington, D. Cu April 17. 1974.
[11035]: - | Hon, Wrrtan B. Saxze, mo te
[11036]Office of the Attorney General, ee oe
[11037]- Department of Justice, Washington, DLC. : ” 2 De
[11039]” Dean Mn. Arronxey Generan: Lam writing with reference to mr letter to rhe
[11040]. Attorney Genernt of October 10, 1973, seeking certain information abant war-
[11041]. : rantless electronic. surveillance. A copy of this letter is enelosil for yonr conven:
[11042]. fence. The information requested would expand and update information supplied
[11043]“to the Subeonmmittee aver the past several years. Afier six months, none of the
[11044]information has yet been provided.
[11045]> In your letter of February Suh. you indicated that every effort was being made
[11046]to obtain the information [ requested as expeditiously as possible, At a ineet
[11047]with Subcominittee staf last month following any meeting of Febranry 27th.
[11048]however. the Departinent stated rhat if would be willing te provide only an up
[11049]date of the information provided in TOTL and 1972. and to furnish this infemna-
[11050]tion only to me personally on a confidential basis. Lhis proposal would mot meet
[11051]the Subecomaiittee's requirements. Lhe Subeommittes requires all the informa-
[11052]. tion requested, not just an wodate of that supplied two years ago, The informa-
[11053]-tion provided on a nonce ified 1, in previous years should be provided an rie
[11054]: fame basis at this time. To the extent that any info tion is supplied on a con-
[11055]fidential basis, Subcommittee members and staff mist have aecess ta iF,
[11056]. 7 - “.° .. Zam sure you realize that the Subcommittee’s need for this information is
[11057]‘o : : “pressing. As you are aware, we have been conducting hearings ou warrantless
[11059] eeneaereninnn te Sateen nae San to
[11060].
[11061]cay
[11063]whence ceasanm ee mtee se pe ctem puneings memame memanntons
[11065]pee
[11067]~ electronic surveiliance with the.Subcommittee on Coustitntional Rights and the
[11068]- * Foreign Relations Subcommittee on Surveillance. In order to effectively exercise
[11070]“! fnformation requested in the lecter.
[11071]. Fam writing ta request that the bulk of the information requested be pro-
[11072]-, ‘vided to the Subcommittee no later than April 29 in order to enable the Sub-
[11073]+. committee th analyze the data prior to our next series of hearings beginnings
[11074]: ” May Zth, Please contact Kenneth Kaufman, Assistant Counsel. if you have any
[11075]. i “2. + questions reg: aurding this request,
[11076]- ae 2 . + hank you in advance for your cooperation in this mitter. With best personal
[11077]. + Yegards, Loe
[11078]Sincerely, - . .
[11079]soe ” Few AnD M. Kexweoy,
[11080]Chairmen, Subcommittee on Administrative Practice dud Procedure.
[11082]ete bee
[11084]“NW 88296 Docid:32989532 Page 176° 6; os : ; ; re
[11086]. , . ° “cour oversight and legislative responsibilities in this area, we need the base of.
[11087]i
[11088]J
[11089]3
[11091]vas
[11093].
[11094]z
[11095]a
[11096]'
[11097]4
[11099]1
[11103]1" CAVED 0, CASTLAND, MIST., CHALRMAM
[11105]Socnwee ARK. ROMAN 4. HNUTKA, NEBR, 7% : . , “TOWARD M EICNHEOY, MATS. CHATRIAN
[11106]TWIN, 290.) °NC. Mulae caren Hawa PHILIP A, HART. MICH, GTUDM THURMOND, 5.0.
[11107]° STROM THIUMOND, $66 BIRCH NAYH, IND. + CHARLES MCC, MATHIAS, J, MD.
[11108]hantgw w.tnee KE , QUENTIN N, BUNDICK, NOOAK. «— ECXWARD 2, GURNEY, FLA,
[11109]NSEUIICK, NM. OAK. — CHARLIS BIG GC. MATHIAS, JRA MD. SOHN Ve TUNNEY, CALIF.
[11110]% OYAD, VEYA, EDWAND J. GURNEY, FLA. ‘
[11111]UNNZY, CALIF. . JAMES FL FLUC, CHIEF COUNSCL
[11112]sovn He Moxtonsan tnilen DSiafes Senate _ ett
[11113]a > ir 2 ‘3 . . a
[11114]* CHICP COUNSEL AND STAFH DIRECTOR a + Css c oe
[11115]‘ COMMITTEE ON THE JUDICIARY . Coa Teg
[11116]' SUBCOMMITTEE ON ye, v4; Tot Neo
[11118]i . . * ADMINISTRATIVE PRACTICE AND PROGCOURE . ae oot ote
[11119](punsuUAtT YO SEC 3, S. RES. 14, IO ConsAcSs) . . tet tye .
[11121]ae S f . . moO 106 all D.c. 20510
[11122]. " Riana 55 ay, gr’. : late
[11124]“October 10, 1975
[11126]“Phe Honorable Elliot L. Richardson
[11127]Office of the Attorney General .
[11129]- Department of Justice
[11131]Washington, D.C. 20530
[11133]ar Mr. Attorney General:
[11135]-  . As you “know, the Subcommittee on “Administrative Practice .
[11136]and Procedure has played an active role in the area of
[11137]» electronic surveillance over the past several years, including :
[11139]‘dts role in the development and processing of the legislation - - ve
[11140]_which eventually became Title TEE of the Omnibus Crime Control
[11141]_and Sate Streets Act of 1968.and its hearings on warrantless,
[11142]wiretapping iaset year. : weg tg tee
[11144]ta -On February 5, 1971, I wrote “attorney General gonn Mitene1).
[11145]> ++, ,Seeking certain intormation about electronic surveillance -instal- -
[11146]. 2... -Jations without court orders. The Department was good enough to
[11147]7“ +, ‘provide me with most ot the information I sought. The information
[11149]. "extended by the Department was extremely usetul in enlightening
[11150]., -,both the Committee and the public about the extent and ‘signfi-
[11151]“+. @ance of such surveillance... ee ee *
[11153]sy.) + Phe intormation sought and supplied dealt only with the’
[11154]Ee period June 19, 1968 through calendar year 1970. Since then, ;
[11156]: ,O£ course, the "united States Supreme Court has held'that . ee
[11158]- , “+ donestic security surveillance without a court order is uncon- —
[11160].* ‘stitutional, United States v. United States District Court, a
[11161]“ ". .°407 U.S. 237 (1972). Shorcly after the Supreme Court decision, : .
[11162]i our Subcommittee held hearings on warrantless wiretapping, during »
[11163]which a detailed inquiry was made into the Justice Department's .
[11164]practices and procedures in implementing the decision. At the
[11166]* “hearings, Deputy Assistant Attorney General Kevin Maroney
[11168]. Ff " testitied that in response to the Supreme Court ruling, a certain
[11170]number of installations “in cases involving domestic security,' :
[11172]to use the description in Mr. Kleindienst's statement of
[11174]- - June 19, 1972, were terminated. In a letter dated August 2, 19/2,
[11176]-, - Mr. Maroney indicated the numbers of surveillances in, place on
[11178].
[11179]“8
[11181]Hen
[11182],
[11184]D
[11185]i)
[11190]in
[11192]* Nes
[11196]iy,
[11198]aN coreg oye ye
[11200]Nowe
[11201].
[11206]“8 . .
[11208]rd . + . . ° . .
[11209]x . hoo. . .
[11210]‘ - . . . "og ote ” “ .
[11213]mr eee a tet
[11215]NW 88296 Docid:32989532 Page 177
[11217]a Tae
[11219]. . . ,
[11221]oe , : .
[11223]; .- The Honorable Elliot @ scharason @
[11224]- -Oetober 10, 1973 se .
[11225]_— _ Page 2 ,
[11227]mooRe . . . , “ " an +,
[11229]* June 25, 1972 in each of the five statutory categories contained
[11230]in Section 2511(3) of Title 18, United States Code. Also, on
[11231]‘May .14, 1973, Acting Director of the Federal Bureau of Investi;-
[11232]“gation William D. Ruckleshaus disclosed information concerning
[11233]some 17 wiretaps that had been placed on the telephones | of
[11235]* > mewsmen and government vfficials. - oe
[11237]wk In order to keep this Subcommittee and the public fully
[11238].. . informed about this extremely significant aspect of your
[11239]a practices and procedures, would you kindly provide the fol-
[11240]. lowing information as soon as possible, sending us immediately
[11241]" .. those items of information which are readily available, and the
[11242]">" pemainder when obtained. As I indicated in my February 5, 1971:
[11243]whiletter, I recognize that some ‘of the statistics will be based on
[11244]- documents which are classified, but, as earlier, the requests have
[11245]> "been framed so as to admit of answers which should be able to be
[11246]“_unelassified. As previously indicated, if you nevertheless see ;
[11247]-a need to classify any particular answer, please provide it | ; ~
[11248]“separately, and it will be handled on a classified basis. * 9, 0 - c's
[11250]aco. “As used in the following questaicns, the town "electronic
[11252]+ “#l-surveillance"™ includes interceptions of both wire and oral ;
[11254]“3?” communications. The questions refer only to warrantless elec-'
[11259]aks For each of the periods calendar year 1971, calendar year
[11260]: 1972, and January | 1, 1973 to September 30, 1973, please provide:
[11262]ahaa ta Ty)
[11264]aves
[11265]4,
[11267]conn 1. “The number of elec tronic surveillance installations _ Sty
[11268]+. placed in operation or continuing in operation at any time -— TT eRe
[11269]’ ‘during the period, in terms of the number of "premises of
[11270]-.; organizations or individuals without regard to the number of
[11271]-tninstruments wnhicn may be involved in effectuating the sur~
[11272]‘velllances, to use the description in Mr. Maroney’s letter ~
[11273].. of Rugust 2, 1972. IT assume that this is the same method of
[11274]““ = .computation used by Mr. Mardian in his letter of March 1,. 1971;
[11275]J. af it is not, please indicate the method of computation used fy
[11276]-." " by him and provide comparable figures for the time = periods ee
[11277]2" specified. ow woot ie a Je
[11279]sgt
[11281]Fading
[11283]me 2. OF thése, please provi ide:
[11285]_
[11287]fete a. \ The number of electronic surveillance “installations
[11289]oT newly placed:in operation during the period; ~ tet
[11290]rn _ b. The number of electronic Surveillance installations ,
[11291]rt tt continuing in operation at any time during the period but placed °.
[11292]ws in operation during a: prior period. eo 7 Fld
[11293]Fay . : eg :
[11294]“pid 3. The number of each type of installation, ‘d.e., telephone ‘ F
[11295]Fe surveillances, microphone surveillances, combination surveillances, ;
[11296]-: 48 or other. , . -
[11297]NW 88296—Dovid:32989532-Page 178: ot _ er
[11300]< . . ’
[11301]Y
[11303]7: fhe Honorable 11. Richardson @.
[11304]*2 October 10, 1975 ; , SS .
[11305]° Page 3°. ” . es Se
[11307]4. The number of surveillances installed during each period
[11308]which continued for each of the following time categories:
[11309]under one week, one week to one month, one month to six months ,
[11311]“éver six months. . SoM
[11313]- 5. The numbers of electronic surveillances in which: —
[11315]: . .- -@. One electronic surveillance device’ was installed;
[11316]NO °° be. Two electronic surveillance devices were installed;
[11317]; ‘: ec. Three to five electronic surveillance devices were
[11319]. ; installed; , to +
[11320]Da tte d. Six to ten electronic surveillance devices were +
[11321]- | installed; ee cot et
[11322]e. “More than tem electronic surveillance devices were
[11323]installed. . . mon, . m eg rene
[11325]. 6. The total maximum number of surveillaences in “operation at”
[11326].i* any one time during each period, as referred toa in Mr. Mardian's
[11327]7, detter of March 1, i971. .. _ . wtb ety
[11329]. eit
[11330]. x +
[11331]. : . ,
[11335]5 at -
[11336]L+ 7. The nunber of electron St treeill ancloas ‘installed, aq nanotad.
[11338]wo mLC SU proves S) conde len,
[11339]‘maintained or monitored by ny person or organization, or by any
[11341]". unit or employee of any state or local government, that were
[11342]directed, supervised, made at the request of, made with the
[11344]. Knowledge of, .or connected in any way with any agency or other
[11345]‘umit of t the united States government , Date op ure 2
[11347]‘8. The number of wiretaps or other electronic surveillances
[11348]conducted in a foreign ccuntry in which the object or target of _ .
[11349]. the surveillance was a United States citizen and which were directed,
[11350]“2.7 conducted, supervised, made at the request of, made with the
[11351].° knowledge of, or connected in any way with any agency or other unit
[11353]'. Of the United States government . ae, -
[11355]; BL -For each of the periods ‘calendar year 1971, * January J 1, 1972
[11356]<1. to June 19, 1972, June 20, 1972 to December 31, 1972, and. :
[11357].* January 1, "1973 to Septembér 30, 1973, please provides
[11359]. 8. ’ The number of electronic surveillances. that vere |
[11360]oo installed in cases involving domestic security, as defined in
[11361]"i, United States v. United States District Court and as referred to
[11363]oh. ERS sind onseS Statemene OF June 15> T
[11364]yin Mr, Kieindienst's statement of June 19, 1972.
[11366]ne ‘b. The number of electronic surveillances that were
[11368]eH ‘nstalied with respect to activities of a foreign power or Looe
[11370]. foreign agents as described in United States Vv. United States
[11371]. ¢, + District cour® 407 U.S. at 322.
[11373]eee The number of electronic surveillances that were.
[11374], = nstalled on domestic organizations and individuals with a ;
[11375]"significant connection with a foreign power, its agents or
[11377]” NW 88296 Doctd:32989532 Page 179, et Bete
[11380]De “, Page 4 . -_ - . - =
[11381]i" . . z te . ‘ . ‘
[11382]agencies," as delineated:in United States v. United States District
[11383]yee - Court, 40/ U.S. at 309 n.’, and discussed in the testimony ot
[11384]aren Deputy Assistant Attorney General Maroney before this Subcommittee.
[11386]The above 3 categories are intended to be mutually exclusive.
[11388]10. a. The particular United States government departments,
[11389]en ‘agencies, bureaus, divisions and other United States government .
[11390]ee -entities that engaged in electronic surveillance ot domestic
[11392]: organizations and individuals, as described im Question Ya above.
[11393]mee b, The particular United States government departments,
[11395].. agencies, bureaus, divisions and other United States government .
[11396]“entities that engaged in electronic surveillance within the; an
[11397].. continental United States on a toreign power or foreign agents | ,
[11399]2s described in Question Sb above.
[11401]. c. The particular United States government departments,
[11402]agencies, bureaus, divisions and other United States governmnt
[11403]wrentities that engaged in electronic surveillanee ot domestic
[11404]‘organizations and individudis with signiticant connection with ~ _
[11406]-a foreign power, its agents or agencies , as. described in YL
[11407]Question 9c above. tees Bas
[11408]With respect to each such department, agency, “bureau, ra
[11410]‘division, or cther govemment entity, please provide the , ee
[11411]= numbers of electronic Surveillances: installed or in | operation ® 2
[11412]_ during each time period. :
[11414].
[11416]ae,
[11418]oof
[11419]Pri ea
[11421]fie, f
[11425]roy
[11427]Parr)
[11428]eee We
[11430]nae
[11431]Het
[11433]eh yan
[11436]a
[11438]'
[11440]op that
[11443]G]
[11445]ve a a. Please indicate whether the Figures ‘provided in”
[11446]“Mr.-Mardian's letter of March 1, 1971 included the wiretaps of
[11447]:.: 17 newsmen and government otticials disclosed by Acting FBI ; wo
[11448]“Director Ruckleshaus on May 14, 1973. Se a et:
[11449]a Db. For each period, please indicate the total number ot
[11450]- other’ electronic surveillances. conducted, directed, supervised
[11451]“made at the request of, made with the Knowledge or, or connected
[11452]- in any way with the FBI or the Department ot Justice that were
[11453]“not included in the figures provided in Mr. Mardian 's letter - _
[11454]‘OF March 1, 19/1. : eect ae: wt
[11458]i vane aah varie ad
[11460]Meg at
[11462]C. 22. On June 5, 19/3, the White House released figures on the
[11463]:tumber of national security wiretaps installed since 1945, reported
[11464]“at page H 4343 of the Congressional Record. These figures seem
[11465]“Inconsistent with those supplied to me by the Department on : RS
[11466]‘March 1, 19/1. In addition, the figures are unclear in certain key
[11468]=’, respects. I would therefore appreciate’ your supplying the tollowing
[11469]-anformation with respect to the figures released by the White House: - .
[11471]eat, “Do the years indicated refer to Fiscal or to calendar
[11473]vs 5h years?
[11475]eh 2 b. -Do the totals inelude interceptions other than by
[11477]f. telephone wiretaps+-e. g-, microphone surveillances, etc.?
[11479]—_ wae : c. Do the figures reter to the sum of all interceptions
[11481]fate “in operation during the year, or only to those in operation as
[11482]ves of a certain date--e.g., December 31st? !
[11484]4
[11485]ak wee
[11487]Oe ee
[11488]eat
[11490]. e,
[11491]’ te
[11493]“NW "88296 Docld: 32989532 Page. 180
[11495]an
[11496].
[11498]ot “Pe” ‘Hotiorable Elliot Obs cnarson e@ 7 " Re so
[11499]7 * October 10, 1973 Lot _ ar a
[11500]are -Page 5. . . _ ot Bes
[11502]d. Do the figures refer to the number of premises at
[11503]_ which interceptions were made, the number of persons who were
[11504]" the primary targets of such interceptions, the number of .
[11505]Listening devices installed, or some other number? ae?
[11506]. -@. For each of the years involved, do the figures a
[11507]" pefer to wiretapping by all governmental agencies or only by
[11508]tthe Pederal Bureau of Investigation? Ir the reference is to
[11509]agencies other than the F.B.I., please indicate which agencies.
[11510]How many of the interceptions referred to related to organized |
[11511]a crime investigations?
[11512]moat £. If the answers to the above questions do not -
[11513]_ explain the inconsistencies between the figures released by
[11514]ithe White House and those supplied to me, please indicate any
[11515]other explanation that may account for the difterences.
[11517]"43, a. Please provide the numbér, names, and the present . a
[11518]“ status of all criminal prosecutions in which electronic as
[11519]+ Surveillance was used in any way in cases involving domestic , orl
[11520]Security, as described in Question 9a above. ys
[11521]. b. Deprty Assistant Attorney General Maroney testitied’
[11522]a betore this Subcommittee that in "practically all cases" in which
[11523]‘a criminal derendant was overheard without 2 warrant, the .
[11524]-government disclosed the surveillance to the trial court. Please
[11525]-indicate the number, names, and the present status of any cases
[11527]made but in which such a disclosure was not made to the trial eo
[11528]“cis court, Please also specify the nature of any standards and a ‘
[11529].° 7? procedures adopted by the Department to ascertain and. review
[11531]“.7s such cases. ; ;
[11533]. 24, With respect to all ‘electronic surveillances newly, ‘instalied
[11534]“lo pétween January 2, 1973, and September 30, 1973, please indicate
[11536], the number of surveillances authorized under each or the five
[11538]_ statutory categories contained in Section 2511(3) of Title 18,
[11539].,United Statés Code. Please also provide the same information “with
[11540]“Mpespect to all electronic surveillances in place on September = 30,
[11541]-1973, regardiess of when they were installed. ty
[11543]tibial
[11545]wet
[11547]2g 15. a. ‘Please set forth the standards and procedures that
[11548]ithe Department has adopted with respect to assuring compliance ;
[11549]with the Supreme Court decision in United States v. United States >
[11550]’ District Court. Please also indicate the nature and timing of
[11551]any changes in the Department's practices and procedures in rete
[11552]“this respect: 8 ee ES
[11553]moe b. ‘Please indicate the nature of any. standards or _ :
[11554]procedures adopted by any other department, agency, bureau, eS
[11555]- division, or any other entity of the United States government oO °
[11556]to assure compliance with the Supreme Court decision.
[11558]a an : ‘ . ee ee ee re
[11559]. ’ . ad . . ~ . vos . . . . . . 4
[11560]o . . . . . . . toate. tL
[11562]° . . . Sey :
[11564]—NW'B8296" Docld:32989532 Page 181 re Ty ge ee
[11568]othe Honorable Eliot. LyRichardson . re ~
[11569]2. Ggtgber 10, 1973 . @ ; . . @ .
[11570]"Page ° 6. ° _ ete
[11572]co . “ ?
[11574]£ realize that I am requesting a substantial amount of
[11575]: ‘information, but aS you can well understand, this is a matter:
[11576]-of great current public significance. It is not only |
[11577]“important that the Congress be kept fully intormed, but also
[11578]that’ the public be reassured that the Attorney General has full
[11579].. Knowledge and control-over the mechanisms of our government,
[11580]-' .that directly attect the constitutional rights of our citizens.
[11581]“. Becordingly, I am transmitting this letter in the spirit otf
[11582]. cooperation between the Department and the Congress stressed
[11583]“| by Deputy Attorney General Ruckleshaus at. his confirmation ok
[11584]| hearings before the Judiciary Committee. Doe he
[11586]Ca “5 very much appreciated the promptness “of the’ ‘Department's
[11588]ok response to my initial inquiry two years ago. I assume ;
[11590]that much of the intormation requested in this letter is readily
[11592]“available. Insofar as some of the intormation may not be |
[11594]__ imme diately available; a prompt response with respect to such .
[11596]-; .antormation as is readily available would-be appreciated, with.
[11597].. - the remaining. information provided ata tater date.
[11599]With best wishes.
[11603]cv. oo fh SineerexAi A oy /
[11605]Cle FE st Eakdird BG Kennedy
[11607]So ee . Chairman
[11608]et et _ «Subcommittee on Admferistrative
[11609]a an Practice and Procedure
[11611]“Ee
[11613]_ANW 88296 Docld:32989532 Page 182.
[11616]ey _.
[11617]~~.
[11618]oe P
[11620]. - ee
[11622]“a NTEELIGENCE COMMUN
[11624]1) 30 April 1975
[11625], f '
[11628]NOTE FOR: Mr, William Cregar
[11629]Federal Bureau of Investigation
[11633],
[11635]"ne
[11637]j co
[11638]~.
[11640]This ‘correspondence’ has been sent to
[11642]~ Senator Church,
[11643]wok M. Clarke
[11645]As@ociate Deputy to the DCI
[11646]for the Intelligence Community
[11648]Attachments:
[11649]Two letters dated 29 Apr 75
[11650]from Mr, Colby to Sen, Church
[11652]Me < 57
[11654]qa war 4 os
[11656]BY
[11659]-) INFORMATION
[11661]Bod AY Tog SIS _
[11662]Dochd:32989532 Page 183 ee — —
[11664]an Pr
[11665]THE DIRECTOR OF CENTRAL INTELLIGENCE
[11666]WASHINGTON, D. C. 20505 ,
[11668]95 APR 1975
[11670]es
[11672]he Honorable Frank Ghurch, Chairman
[11674]Select Committee to Study Govesamental Operations
[11675]With Respect to intelligenca Activities
[11677]United States Senate
[11681]Washingtoa, B.C, 20520
[11683]Dear Senator Ghurch:
[11685]i wave your yeauast of 2% “April £ for - additional material, and wa
[11686]are working to make if available to your staff as soon as possible. I
[11687]beHeve we will he abla to meet your ten-day time regiirement with tha
[11688]exception of the materials outlined in pavagraphs 4and 8, While the
[11690]Ageacy's responses tp paragraph 3 should eatissy 5 part of yous request
[11691]im paragraph 4, a fall'response will require a Ule search and review,
[11692]which cannot be accomplished inten days. We donot hava separated ae
[11693]the responses to Director Sdhlesinger’s letter of 9 May 1973 as between
[11695]' i senioxy oparating officials” and “all employees or ex-employers' re--
[11696]a sponses, We nan of course provide you. what we haveasa start. ~ .-
[11698]stone te) aenrnene § emmen Dane ave tmnaues Seren tear me tenn ot Latte a) saeseeatene «
[11700]The answers to mosi of the nine parts of paragraph 8B willinvolye ~-
[11701]a carefal gile search and a careful review for sensitive sources and’ - |;
[11702]methods information. We will do our best, but : a fall anawar to para-~ -
[11704]graph @ will require more than ten days.
[11706]penne ea temmeve nm ne ane
[11708]We have fox other parts of your requast summarized material. —
[11710]which we will provide so that your sialf can. discuss with us the best
[11712]way of proceeding against the more yoluminous backup data. - For ex-- =
[11713]ample, in one instance the backup to the summary involves aa manyaa |
[11714]20, 90D index cards, In another, the basic data involves a roomful of .
[11715]miniaturized data. We need to be certain as to the precise concern of
[11717]the Cormmittes in thease matters in order to respond with tha least dis~
[11718]raption to the woxk of the Agency and to help the stalt to understand
[11720]whether thay haye asked the right question. .
[11722]THe materials requested in paragraphs 5 and 10a} are in the
[11723]Viatergate reports. I would hopa your staffs could acquire this data
[11727]from the published versions of those reports, ; ;
[11729]: tt mob ns , . mo
[11731]OTT BSE
[11733]os _ -
[11736]‘NW -88296—Docld:32989532_Page 184 . oo -
[11739]my . = . .
[11740]wy ey & ' i .
[11741]Tae a Y ) : é
[11746]| 4s the inquiry progresses from a’ documentation phase to inter-
[11747]view phages, it will become even mora important to adhers to the
[11749]H general agreement we have with your staff to have preliminafy consul-
[11750]| tations and discussions priox to a formal request by the Committee. In
[11751]| _ this way we can promote a better underatanding of the work inyolyed
[11752]and establish reasonable time frames as well,
[11753]Hy
[11755]Sincerely,
[11757]we ES Bile:
[11759]fm
[11761]*\ . ‘ W. E, Colby
[11763]* -
[11765].
[11767]Lt
[11769]NW 88296 Docid:32989532 Page 185
[11772]1. a rn ne OF CENTRAL INTELICE
[11774]WASHINGTON, D. C. 20505 |
[11776]29 APR 1975.
[11778]The Honorable Frank Church |
[11779]Chairman
[11780]Select Committee to Study Governmental
[11782]Operations with Respect to Intelligence
[11784]‘Activities
[11785]United States Senate
[11786]Washington, D. C. 20510 °
[11788]Dear Senator Church:
[11790]I helieve it would be useful if I placed on the record the
[11791]situation with, respect to your 12 March request.- I regret
[11792]that you considered it necessary to issue public criticismof
[11793]CIA's efforts tb meet™ “your, “‘negds.. As of this writing, the major
[11794]portion of that request for ClA-originated niaterial has been
[11795]met and, I believe, ina responsive manner. .
[11797]At our meeting of 22 April, “we agreed that if your |
[11798]investigators could review materials at the CIA Headquarters,
[11799]it would expedite, the inquiry and lessen the amount of material
[11800]which otherwise would have .to be paraphrased, a process which °
[11801]takes a substantial amount of time. Special office space and access.
[11802]badges have been provided for this purpose. I agreed that, should
[11803]specific documents or parts-thereof be requested to be sent to
[11804]the Senate Select Committee offices, the Agency would prepare
[11805]these as expeditiously as possible without sacrifice to the
[11806]security considerations consistent with our earlier understanding
[11807]of the need to protect sources and methods from undtie risk of
[11808]exposure. Ialso gave you my assurance that we would assist in.
[11809]the clearance of multi-agency papers involving CIA, some of
[11810]which are on your: earlier request,
[11812]A speed-up inthe Agency's paraphrasing process is
[11813]being undertaken, although as you can appreciate, this involves
[11814]senior personnel with heavy demands for substantive work, and
[11816]—-NW.88296 Dochd:32989532 Page 186
[11818]wr ose JOP |
[11821]rn
[11823]_the volume of the material you have requested is considerable.
[11824]At our meeting, I showed you a list of the materials that have
[11825]already been provided, and Mr. Miller has been kept advised
[11826]about the status of other materials.
[11828]In discussing some of the concerns of people in the
[11829]Intelligence Community about the procedures addressed above, -
[11830]you agreed to raise with the Committee the question of ultimate
[11831]disposition of materials provided. I understand that this is in
[11832]train, In this connection, I was very much appreciative of you
[11833]reassurance that you and the Committee members will consult
[11834]with me prior to the release of any classified materials in
[11835]public statements or unclassified reports of the Committee.
[11836]Such consultation is consistent with the spirit of the inquiry.
[11840]o
[11842]I believe our staffs are working well together. There
[11843]have been the usual inherent problems that one can expect in
[11844]an investigation of this scope. Because the Select Committee
[11845]staff personnel engaged in the inquiry are relatively new to the
[11846]field of intelligence and to the seriousness of the inquiry,
[11847]expectations dre ambitious, But there is something to be said
[11848]for both sides of the equation. For example, we await the
[11849]convenience of your investigators on selective follow-up matters
[11850]on which they had requested further data. Meamwhile, we have urged
[11851]and are providing the staff with detailed briefings by way of introduction
[11852]to the Agency's history and functions. Iam personally convinced
[11854]' that direct discussions about our work and about specific instances
[11856]of interest to the staff investigators will be far more direct and
[11857]productive to them (saving us much useless work) than engaging
[11858]in debates about massive document transfer requests.
[11860]To that end, 1am very anxious to renew and by this letter.
[11861]Iwould repeat my request to you that the Committee move
[11862]personally and directly into the inquiry at an early date. Tam
[11863]delighted that you and the Committee are coming to visit our
[11864]headquarters for a discussion of the Intelligence Community
[11865]and the Agency amd for an exchange on the precise interests which
[11867]7 NW 68296 Docid:32999532 Page 187
[11869]particular Gommittee members have concerning the inquiry. We
[11870]need to understand the specific objectives the Committee seeks
[11871]and relate these to the priorities of the materials you will need.
[11872]I believe we can be helpful if we know these. Again, Iam convinced
[11873]that the constructive long-term contributions that we both envisage
[11874]from the Select Committee's work will derive in a far more concrete
[11875]fashion by focusing on specific and major questions about intelligence
[11876]rather than consuming an inordinate amount of time reviewing the
[11877]details of all of our past history. In that way our main energies
[11878]and our judgment can be addressed to what kind of intelligence we
[11879]want in our free society of the future; rather than what we may
[11880]_have had ‘in the past..
[11882]x Sincerely,
[11884]- y
[11886]4, | W. E. Colby
[11888]NW 88256 Dochd:32989532 Page 188 -
[11892]ra ae 4 @ " PRANK CHURCH, IOAHO, CHAIRMAN 7 . . ¢
[11894]“ . SOU G, Towel, TEXAS, VICE CHAIRMAN . 7
[11895]PHILIP A. HART, MICH, HOWARD H, DAMER, JR., TENN. - . “5
[11896]WALTER F. MONDALE, MINN, BARRY COLDWATER, ARIZ,
[11897]WALTER DO, HUOOLESTON, KY. CHARLES MCC. MATHIAS, Jit MO. .
[11898]ia MOAENT MOAGAN, N.C. RICHAND S$, SCHWEIXER, PA, ary |
[11899]chm Haar, cok - DWhrikes Bictes Senate
[11900]¥ WILLIAM G, MILLER, STAFF DIRECTOR .
[11901], PREOZHICK A. ©. SCHWARZ, JH., CHIEF COUNSEL . SELECT COMMITTEE TO
[11903]GURTIS Re SMOTHENS, MINORITY CCUNSZL,
[11904]- STUDY GOVERNMENTAL OFERATIONS WITH
[11906]RESPECT TO INTELLIGENCE ACTIVITIES:
[11907]Crunsuant to S. RES. 21, 95TH CONGRESS)
[11909]WASHINGTON, D.C. 20510 |
[11911]‘April 2h, 1975
[11913]an ., Mr. William E. Colby
[11914]_ '.'. Director of Central Intelligence .
[11915].. Central Intelligence Agency ce *
[11916]" Washington, D. C. 20505. oo
[11918]. “Dear Director Colby:
[11920]oo _ On behalf of the Senate Select Committee to St sudy Governmente al
[11921]"+ "| Operations with Respect to Intelligence Activities, I enclose a
[11922]se specification, furnished to John Clavke yesterday, which calls for
[11923]. . certain material referred to in your. Decesiber 2h, 197h-report to
[11925][: .. +’ the President and provides further detail concerning certain CIA
[11926]_¢  *. Material heretofore requested. Obviously it is not intended to
[11928], ... Limit what we have already requested. ,
[11930]~ a : It is e prot Committee's expectation that all this material .
[11931]_ ‘ should be produced in ten days. - ee
[11933]I was heartened by the spirit of cooveration demonstrated in
[11934]your personal reassurances in our meeting on April 22, 1975, and
[11935]I understand that substantial material was made available to us
[11936]today et the CIA. However, the fact remains that too much material
[11937]". galled for in our document request remains outstanding and the
[11938]system apparentl; being. enployed to clear material for us builds
[11939]in excessive delays. A necessary prerequisite to our inquiry
[11940]proceeding expeditiously—-as it should to restore public confidence
[11941]in our intelligence agencies and develop a nev natiorial consensus
[11942]en the proper functions of intelligence activity—-is to eliminate
[11943]these delays. .
[11945].
[11947]Enclosure
[11949]__NW 88296 Docid:32989532 Page 189
[11952]NY
[11954]. . . . —_—
[11955]ae ss _ | ei
[11956]oe OT Sensi
[11957]Se : MATERIAL TO BE SUPPLIED 10 WAY’
[11959]THE SENATE SELECT COMMITTEE BY THE CIA
[11961]Specification of CIA Material Relating To
[11962]Director Colby's December 22, 1974 Report
[11964]and Director Colby’s January 15, 1975 Senate Testimony
[11966]- The Committee's original request to the CIA chowla have
[11967]“been interpreted to cover all of the following in that the Comittee
[11968]requested all material underlying Director Colby's January 15, 1975
[11969]+ testimony pefore the Senate Appropriations: Committee, ‘In any event,
[11970]Director Colby's report of December 24, 1sTh, makes clear that all
[11971]| the following material is central to the Committee's mandate. the
[11972]CIA is requested forthwith to supply the following ,2s well as the
[11973]* materiel which they have already collected in response to the
[11975]ao _ Committee's Marcit 12 request,
[11979]a
[11980]oS
[11982]2. ALL of the instructions on "Questionable Activities" la
[11983]+ . . . . “ . r a
[11984]which were issued by. Director Colby in 1973, or thereafter, except Bo
[11986]for the "selected group of attachments” which were included in the
[11988]BY
[11990]l
[11991]2 a
[11993]_'. Coloy Report and thus already furnished to the Committee.
[11994]7 2. All files relating to the following "ouestionable _
[11996]activities” which were mentioned in the attechments to the Colby
[11998]Report:
[12002]_(a) Project MHBOUND II (and eny other project relating
[12004]: “to “Penetration of Another Government Agency"). . oe
[12005](bo) “Reporting on Dissident Groups". ; vo.
[12007](ce) Projects Mockingbird, Celotex I and Celotex It (and
[12009]ese . . - _ ary
[12011]7
[12013]NW 88296 Docld:32989532 Page 190". .
[12015]NW 88296 Docld:32989532 Page 191°. - Fa
[12017]“CRE
[12018]Eb Tr.
[12019]any other projects relating to "surveil Llance, "telephone tap, .
[12020]. surreptitious entry or other action” taken on behalf of the
[12021]Agency against U.S. citizens in the United States).
[12022](d) Project Merrimac (or’ any other project relating to
[12023]‘the “penetration” of domestic groups). . .
[12024] .(e) Postal Service: (the files relating to "penetration
[12025]et the mail", mail opening or mail cover). oo, ae
[12026]3. ALL reports ‘made by CIA's “senior operating officials"
[12027]in response to Director Schlesinger's letter of -May 9.1973, asking
[12028]for reports on activities which "might be construed to be outside
[12029]the “(ctAats) legislative charter" . ; - 7 - - ee
[12030]wey 4. Ail employee or’ ex-employee. responses “to the ¢ same
[12031]‘Letier as well as responses to the “standing order" referenced in ;
[12032]-" the letter end calling for such material in the. future. 7 me
[12034]~5. All- files relating to CIA's perticipation in the
[12036]"so-called Huston Plan” (referenced on page 2:of | Director Colby’ s
[12038]‘Report).. —_ _ - : _ - - i _ are De
[12039]| 6. Annex A of the Colby Report (re * “Coverage of Subversive .
[12040]Student"). cs ra veel oon
[12041](e) Any memoranda by Richard Ober on the establishment ,
[12043](2) Systems for coordination of activities
[12044](2) Dissemination of materiel
[12046](3) Regular reporting on activities
[12048]7
[12051]_
[12053]C mo, ; -. (o)- The interin report suggested by paragreph 3 of Mr.
[12054]_Kardmessines' memo, a
[12055]_T Annex C..
[12056](a) Any materials prepared for the review by the Director,
[12057]: noted in paragraph 1, of Agency efforts to monitor international
[12058]_ activities of "radicals and black militants”. -
[12060]- (b): An index of all projects developed vy the Special .
[12061]- : : ° : : : “Operations Group or by Agency Divisions in support of this
[12062]. - program. -
[12063]mo 7 Ce) & ist of 21 agencies which hed data Links with the. °
[12065]a “Special Operations Group as described in paragraph: 5 of the
[12067]mero.
[12069]L. - _ : Th 8. Annex D D. (Special Operations Group--Possible Forefgn
[12070]. Tinks with American Dissidents) :
[12072], (a) A list of all "organizations « of interest" to the
[12073]Special Operations Group, including but not limited 4 to those |
[12074]‘mentioned in the memo from Mr. Ober. ,
[12076]_+ (b) A list of all topic headings or ‘subjects used for
[12078]"*, filing by the Special Operations Group. oF ;
[12079](c) ‘A list of all individuals or groups either "special
[12080]targets" of the Special Operations Group or of special concern". .
[12082]to the Special Operations Group, and a list of all program
[12084]a - targets, all operational projects and all individual Agent
[12086]_ projects °
[12088]Nwr8s296"Deciz:32989532 Page 1920 So
[12090]. , us - on ~
[12091]Merran a as 2 lau - ee ded
[12092]. ‘ " . . . ‘
[12094]a (a) The materials which constitutes or underlies the
[12096]"standing requirements" for information from the Special
[12097]Operations Group by the FBI, Secret Servite, and Immigration
[12099]. (e) Any documents consisting of or relating to ¥BI
[12100]7 comments on the Nadequacy and relevancy" of Special Operations
[12102]“.
[12104]; Group information, |
[12105](f) Any reports ' "over the sSgnature ‘of the Director of
[12106]“era” bese on Special ‘Operations Group information disseminated
[12107]to. either the White House, the Secretary of State, the At torney
[12108]General,.and the FBI. ee Su tye foe i ‘ely
[12109](gs) Any reports , special studies, or estinates requested _
[12110]: . and preparea by the Special Operations Group for’ the President,
[12111]q . 7 . his Counsel, or the Attorney General and for the Intelligence
[12113]} Eveluetioh Committee.
[12115](n) A deseription of the audio program of the Special
[12117]Operations Group. . cee “f ot. peed 5 a a .
[12119](i) The "formal Table of Organization" of the Special
[12121]Operations Group -
[12123]9. Amex Bo mn Bes ag
[12124]The complete "Allegations and Answers" series. - ;
[12126]20. Annex F 7 en vo? one
[12128](a) “The reports from the CIA on Agency activities
[12130].-“with respect to Mr. Howard Hunt and other parties" which were
[12132]a . . ‘ . :
[12133]‘ee . . rs .
[12135]NW 88296 Dochd:32969532 Page 183 se a re | o
[12138]pares
[12140]° - ete . v an mob lt . . x3 a3]
[12141]a rn oer,
[12142]se
[12144]. . > & te .
[12145]+ c made available to "the appropriate law enforcement bodies".
[12147]t
[12149]. -. * Ob) Any “information” assembled by the Inspector General
[12150]. ‘. or made by him in regard to "CIA activity in connection with
[12152]woot ts Watergate and associated matters". . #
[12154]“"
[12156]- NW 88296 Docld:32989532 Page 194 -
[12158]a
[12160]2- Mr. S. F. Phillips
[12162]\ April 30, 1975
[12164]Fi A MATERIAL FOR SENATE SELECT COMMITTEE (SSC)
[12165]a » INVESTIGATING “INTELLIGENCE ACTIVITIES
[12167]9
[12168]Sie Sa
[12171]1. TITLE/SUBJECT: Organization of the FBI ete ees v
[12172]at a ‘ 4 aN yt
[12173]2. ORIGINATING ORGANIZATION: FBI cae
[12174]ah
[12175]3. NATURE OF MATERIAL: Letterhead memorandum with an
[12176]enclosure, FBI Functional Organization Chart
[12178]yo
[12180]eee Fo a A MAAN ee EEA So
[12184]4. DOCUMENT CLASSIFICATION: Unclassified i
[12185]5, NATIONAL SECURITY INFORMATION STAMP: NA
[12186]6. SUMMARY OF CONTENTS:
[12188]| Letterhead memorandum serves as a cover communication
[12190]to the FBI Organization Chart which was prepared 1/14/75;
[12192]and advises of certain changes in personnel since 1/14/75.
[12194]Chart identifies all FBI officials from Director down through
[12196]all Assistant Directors and their respective areas of responsi-
[12198]bilities; identifies all Sections in ali Divisions with
[12200]indication of type of matters handled in Section; and includes
[12202]a list of all 59 FBI field offices, ach
[12204]he
[12206]7. REQUESTER/DATE OF REQUEST: SSC. 3/19/75. 007 SS
[12209]8. RELzasIne aurnoarry: "Gels 2.2 Me B48. A . yh ch
[12211]9. DATE OF SUBMISSION: 4/9/75 1G MAY "7 1975
[12213]10. LOCATION OF FILE COPY: FBI file 62-116395769 °-—-
[12215]Ll, KONE. (
[12216]od a Ue}
[12217]ESFP :ekw -(4)
[12219]NOTE: Original via liaison to Central Community Index in
[12221]--comnection with Senstudy 75. aa,
[12223]y
[12224]-; WH Room(—] TELETYPE unit [_] GPO aes
[12225]Pochd:32989532 Page 195 of
[12228]er > |
[12230]“2-Mr. S. F. Phillips
[12231]April 30, 1975
[12233]od
[12235]U
[12237]¢ MATERTAL FOR SEUALE.SELUGT. COMMITTEE (SSC)
[12238]“1 INVESTIGATING. TWTELLIGENCE ACTIVITIES
[12240]1. TITLE/SUBJECT: Legal Authorities of the FBI
[12242]2. ORIGINATING ORGANIZATION: FBI ~
[12244]i
[12245]< 3. NATURE OF MATERIAL: Letterhead memorandum with
[12246]aa enclosures deseribed below
[12247]Na fie om
[12248]+a EW 4. DOCUMENT CLASSIFICATION: Unclassified
[12249]3 0 pd
[12250]Ba 5. NATIONAL SECURITY INFORMATION STAMP: NA
[12251]BEND
[12252]A 6. SUMMARY OF CONTENTS:
[12253]Bm
[12254]an B (a) Untitled memorandum from Attorney General
[12255]SEs Ramey Clark to FBI Director J. Edgar Hoover, 9/14/67,
[12257]dealing with FBI authority for investigations relating
[12258]to riot situations.
[12260](b) Two untitled memoranda dated 8/24 and 25/36
[12261]from FBI Director Hoover recording instructions received
[12262]from President Franklin D. Roosevelt concerning FBI authority
[12263]for investigations of subversive activities, particularly
[12265]relating to communism and fascism.
[12267](ce) Untitled memorandum from FBI Director Hoover
[12268]to Assistant te the Director E. A. Tamm, 9/10/36, concerning
[12269]FBI authority for investigations of subversive activities,
[12271]Aisoc. Dx. particularly comminism and fascism, and the FBI function for
[12272]Per AD Adm. he coordination of such investigations with Army and ¢ avy oA O So
[12274]bat m intelligence and State Department. C 2Q- / /(- 3 3 ha
[12275]Comp. Syst, it ; C 105 . hd
[12276]Ficeaems SEP Te RY) yy Lat Ke 2 hAY 7 1975 3
[12277]Gon nn (4) td ih is if SEE NOTE PAGE TWO
[12279]Ident. sft
[12281]Iepeeion WHT
[12283]Intell.
[12285]Laboratory aia bu x iy
[12287]Plon. & Eval.
[12289]Spec. Inv,
[12290]Training
[12291]Legat Coun,
[12292]Telephone Rm. —.
[12294]Director Suc'y_.. MAIL ROOM(L_) TELETYPE unIT(__]
[12296]ne
[12298]Gurl dibs “Doct sPos0532 Page 196
[12301](d) Presidential directives dated 9/6/39 and 1/8/43 ‘
[12302](President Roosevelt); 7/24/50 (President Truman); and 12/15/53 |
[12304](President Eisenhover). The first of the Roosevelt directives
[12306]designated the FBI as coordinator of all lav enforcement in
[12308]the U. S. regarding espionage, .abotage and neutrality matters;
[12310]the <econd Roosevelt direative reiterated the firct. The Truman |
[12312]directive vas a reiteration of the prior Roorevelt directives.
[12314]The Eisenhower directive expanded upon the previou: directives
[12315]—-- to include Atomic Energy Act violations.
[12317]7. REQUESIER/DATE OF REQUEST: SSC. 3/19/75_ '
[12318]8. RELEASING AUTHORITY: FBI |
[12319]9. DATE OF SUBMISSION: 4/4/75
[12321]10. LOCATION OF FILE COPY: FBI file 62-116395-47
[12323]LL. RELATION TO INTELLIGENCE COMMUNITY PROBLEMS;
[12325]Some of the documents discuss role of the FBI as the
[12326]coordinating agency in connection with the activities of other
[12327]intelligence community agencies: Army and Navy Intelligence,
[12328]and State. Also, in the Presidential directive of 12/15/53,
[12329]there is stated the FBI responsibility for investigating all
[12331]| violation: of the Atomic Energy Act.
[12332]NOTE: Original via liaison to Central Community Index
[12334]in connection with Senstudy 75.
[12336]NW 88296 Dochd:32969532 Page 187
[12339]2- Mr. S. F. Phillips
[12341]May 1, 1975
[12343]: 2
[12344]' MATERIAL FOR SEWALE SELECT COMIITTEB (SSC)
[12345]f ~th INVESTIGATING INTELLIGENCE ACTIVIrTES
[12347]-l, TITLE/SUBJECT: Legal Authorities of the FBI
[12349]2. ORIGINATING ORGANIZATION: FBI -f wa
[12350]3. NATURE OF MATERIAL: Letterhead memorandum (LHM) with ,
[12351]enclosure. described below, including exhibits to enclosure ,
[12352]some of which are classified "Confidential."
[12354]4. DOCUMENT CLASSIFICATION: Confidential
[12356]2. NATIONAL SECURITY INFORMATION STAMP: Should have
[12358]ba We 295° OF
[12359]Under cover of an LHM, there was forwarded to the
[12361]SSC an FBI “Intelligence Division Position Paper on Jurisdiction,"
[12362]dated 2/13/75. The purpose of::thepaper is to set forth an
[12364]6. SUMMARY OF CONTENTS: REG: 106
[12366]LES analysis of the investigative authority granted by Presidential
[12367]e Bm Directives, the National Security Council, and orders of the
[12368]3 s z Attorney General, as well as to list statutes from which the  _ scm:
[12370]FBI draws investigative jurisdiction in the security and
[12371]intelligence area of operation. ‘The LHM noted that certaimy 7 1975
[12372]exhibits to the paper were extracted because of "Third Agency
[12373]Rule" requirements and that approvals were being sought-for 7"
[12375]clearances to subsequently furnish the excluded exhibits
[12376]_ 7. REQUESTER/DATE OF REQUEST: SSC. 3/19/75 eth A9 >
[12378]Dep. AD Adm.
[12380]Ane 8. RELEASING AUTHORITY: FBI
[12381]Admin, ,
[12382]ee 9. DATE OF SUBMISSION: 4/10/75 a 9)
[12383]Files & Com, __ a _
[12384]Mee m ~—SFP sek | uf iy - LL 4
[12385]Inspection tion. (4) ‘¢
[12386]Intell.
[12387]aberotory 462 116395 SEE NOTE PAGE TO
[12388]Spee. Inv. = wy
[12389]Training i oO
[12391]Legal Coun.
[12393]a ophone Rm. —— .
[12394]ET BRoom(_] TELETYPE UNIT (_] GPO 954-34
[12396]sg } Docld:32989532 Page 198
[12399]YE .
[12402]10,. LOCATION OF FILE COPY: FBI file 62-116395-~-78
[12403]IL. RELATION [0 INTELLIGENCE COMMUNITY PROBLEMS:
[12405]This study encompasses Agreements and Presidential
[12406]Directives as well as Interdepartmental Intelligence Conference
[12407]and Interagency Committee on Internal Security documents issued
[12408]as supportive evidence in delincating the investigative juris-
[12409]diction of the FBI.
[12411]NOTE: Original via liaison to Central Community Index
[12412]in connection with Senstudy 75,
[12414]Nw 88296 Docid:32969532 Page 189
[12416]FEDERAL BUREAU OF INVESTIGATION
[12417]COMMUNICATIONS SECTION
[12419]MAY 0 5 1975
[12420]TELETYPE.
[12422]x wm
[12424]i
[12425]( 1
[12426]$ROO4 NH CODE
[12427]14329A0 wise 991975 VEN
[12429]wor bugpeTok “
[12430]FROM W HAVEN ‘
[12432]SENSTUDY 7 2,
[12433]—_— on, 47
[12435]REVUTEL MAY 2519750 -
[12437]Assoc. Dir, :
[12438]Dep.-A.D.-Adm._.
[12440]Asst. Din:
[12441]Admin. __.
[12442]Comp. Syst. —WW
[12443]Ext. Affairs
[12444]Files & Com. ._.
[12445]Gen. Inv. BY
[12446]Ident. . ;
[12447]Inspection
[12449]j Intell. _.
[12451]4 Laboratory —.W_
[12453]} Plan. & Eval ok
[12455]7 Spec. Inv.
[12456]Training
[12458]FORMER SA HOBSON H. ADGOCK WAS CQNTACTED THIS DATE BY. THE
[12459]SAGe ADCOCK WAS FURNISHED INFORMATION as SPECIFIED IN RETEL.
[12460]ADGOGK ADVISED THAT HE HAD NOT AS YET BEEN CONTACTED BY ANY
[12462]REPRESENTATIVE OF CAPTIONED GROUP.
[12464]END ls
[12465]JOR, -.
[12466]FBIHG GLE. .
[12470]= oe abe
[12471]or
[12473]= m4 Shoe va
[12474]ite] AX -
[12475]oe vig
[12477]fan y
[12485]Tad ae
[12487]os GZ
[12489]A
[12491]O. Cee
[12493]Sty had
[12495]os
[12497]at deine Dock 9532 Page 200
[12499]“/
[12500]REC 106 lr
[12503]a
[12505]yt iu
[12513]Wie MAY y 1975
[12518]2- Mr. S. F. Phillips
[12520]May-L, 1975
[12521]a O
[12522]{ MATERIAL FOR SENATE SELECS COMMITTEE (SSC)
[12523]We tg INVESTIGATING INTELLIGENCE ACTIVITIES
[12524]1. TITLE/SUBJECT: Jurisdictional Agréemehts oreo quae
[12525]Kit Hs eles i
[12526]2. ORIGINATING ORGANIZATION: FBI x eat ge ol Be 15,
[12527]DKS,
[12529]3. NATURE OF MATERTAL: Letterhead memorandum with
[12530]enclosures deseribed belov. -
[12532]4, DOCUMENT CLASSIFICATION: Unclassified except for
[12533]one enclosure dated 2/7/66 classified "Secret,"
[12535]5. WATIONAL SECURITY INFORMATION STAMP: Should have
[12537]6. SUMMARY OF CONTENTS:
[12539]Enclosures are copies of various documents constituting
[12540]jurisdictional agreements between the FBI and other Federal
[12541]agencies or guidelines prepared by the Attorney General with
[12542]reference to investigative responsibilities between the FBI
[12543]and other Federal agencies in the security field generally.
[12545]The specific documents are as follows:
[12547](a) Delimitations of Investigative Duties of the
[12548]FBI, the Office of Naval Intelligence, the Intelligence Division
[12549]of the Army, and the Office of Special Investigations, Inspector
[12550]General, U. S. Air Force, dated 2/23/49, with ier supplement al
[12552]agreements. art 106 Ze wall 6 3 BF 3 On 10
[12554](b) Agreement between the FBI and CIA dated 2/2186
[12557]Dep. AD Inv. __,
[12558]Asst. Dir.
[12560]Admin, (e) Agreement between the FBI and Secret. She
[12561]Comp. Sys. effective 7/30/73.
[12563]Ext. Affairs ___
[12564]Files & Com.
[12566]Gon, Inv.
[12567]Ident. OEP eka 4 Cu ‘ y a
[12568]Inspection —{45 a . “"e ‘
[12570]Intell.
[12571]Laboratory 62- 116395
[12572]Plan. & Eval.
[12574]Spec. Inv.
[12575]Training
[12577]Legal Coun,
[12579]Telephone Rm.
[12581]Diroctoy Seg" 7 Mag. ROOM] =s- TELETYPE UNIT [(L_J GPO 954-345
[12582]Hivlansee Docld:32989532 Page 201
[12584](d) Investigative guidelines with reference to
[12585]Title 11, Organized Crime Control Act of 1970, Regulation
[12586]of Explosives, prepared by the Attorney General, submitted
[12587]by letter to the FBI 1/11/73.
[12589]7. REQUESTER/DATE OF REQUEST: SSC. 3/19/75.
[12591]8, RELEASING AUTHORITY: FBI
[12593]9. DATE OF SUBMISSION: 4/8/75
[12595]10. LOCATION OF FILS COPY. FBI file 62-116395-65
[12597]11. RELATION TO INTELLIGENCE COMMUNITY PROBLEMS:
[12599]These agreements and guidelines have direct bearing
[12601]on the scope of responsibility of other intelligence community
[12602]members and are in the nature of controls for both the FBI and
[12604]other community members where common interests and responsi-~
[12605]bilities are present.
[12607]NOTE: Original via liaison to Central Community Index
[12608]in connection with Senstudy 75.
[12610]296 Docld:32989532 Page 202
[12613]2- Mr. S. F. Phillips
[12615]r . May 1, 1975
[12616]Lad QO.
[12617]oa MATERIAL FOR SENATE SELECT COMMITTEE (SSC)
[12618]‘| i {ip THVESTIGAT ING "INTELLIGENCE “ACTIVITIES
[12620]1. TITLE/SUBJECT: Organization of the FBI
[12622]2. ORIGINATING ORGANIZATION: FBI
[12624]N A 3. NATURE OF MATERIAL: Letterhead memorandum (LHM)
[12625]REE . ;
[12626]$5 Fi 4, DOCUMENT CLASSIFICATION: Unclassified ’
[12627]he a ~N 5. WATIONAL SECURITY INFORMATION STAMP: NA > a
[12629]Ens 6. SUMMARY OF CONTENTS:
[12630]He B LHM refers to a request for the titles and number
[12631]of FBI field Agents assigned to internal security, intelligence
[12632]collection, and/or counterintelligence matters, operations, or
[12633]activities, together with the percentage of total Agent manhours
[12634]devoted to such matters, LHM advises that a current survey of
[12635]all FBI field offices had been made to obtain the desired data
[12636]but that since the information is considered highly sensitive,
[12637]it was not being furnished directly to the SSC, but being
[12638]maintained in ‘the Intelligence Division at FBIHQ available
[12639]for review by appropriately cleared personnel of the SSC
[12640]Staff upon request. REC: 106 / om (Of «
[12642]7. REQUESTER/DATE OF REQUEST: SSC. 3/19/75 > Sy
[12643]ae ;* me,
[12644]8. RELEASING AUTHORTIY: FBI . Jee. Oe an
[12645]A&soc. Dir,
[12646]per AD Atm «9, DATE OF SUBMISSION: 4/21/75 1 WAY 7 1975
[12647]Asst. Dir: fd
[12648]Coe 10, LOCATION OF FILE COPY: FBI file 62-11639528Q === seem
[12649]Ext. Affairs 0.
[12650]Files & Com. 11, RELATION TO INTELLIGENCE COMMUNITY PROBLEMS: MWNone.
[12652]Gen, Inv.
[12654]Monts ——-6 2116395
[12656]Inspection _._— 4,
[12659]Intl SFP :ekw (4)¢ hv
[12661]Laboratory ___
[12663]cles & Evel: NOTE: Original via liaison to Central Community Index in
[12664]‘wining connection with Senstudy 75. ran “A
[12665]Ne - ” “
[12666]Lee
[12667]~ . V GPO 954-346
[12669]Training
[12671]' Legal Goun,
[12675]‘Docid:32989532 Page 203 7 ‘