Transcript of 124-10271-10013.pdf
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File #
622-//6639
Serial Scope:
267 Tlnu 268
868xi
269
3l4xI T2e 3775
Released under the JahnF.Rennedy
Assassination Records CollectionAct of
377 THuRS0 992(44USC 2107 Note] Case#:Nw
38608 Date; 03-18-2025
383 Thru
290 7hiZu_793
795 THule99
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Nr , J, A. Mintz
(1
5 Mr , J . B, Hotis)
1 Mr , R. R Rannal1
1 Mr _ M 0. Cregar
62-116395 June 17, 1975
1 5 Hr . K. A. Mendenhall
UNITED STATES SENATE SELECT COHMITTEE
To STUDY GOVERNMENTAL: OPERATIONS
WIT RESPFCF TO INTELEIGENCE ACTIVITIES (sSC)}
RE: SUPEREEDED SBCTIONS OF THE
MANUAL OF INSTRUCTIONS
Reference 19 nade to the SSC memorandur with
attached appendices
7
dated Apr+l 1975, requesting
2 cortaik documents and Qther Infornation from the FEBI .
Part one Of referenced nemorandun requested this
Bureau to make available fqr revtew vartous supersaded
Sections Df the_Manual of Instructions (MOI) Appendix A
attached to referenced menorandun set fortb the sections
requested Eor revlew. Mr Hark Gitenstein; SSC Staff
Menber
9
has advised EBI Special Agent Paul Va Daly tbat
revislons to the: MOI ghouid cover_the perlod January 1,
1980 , to the present _
These superseded sectlong are now ready for
review at FBI Headquarterg by appropriately cleared
pergonnel of the SSC Staff It Should be noted that for tno
period January 1, 7980 , to the present , thero were no:
revlsiong of MOI Sectiong 95 and 97 .
1 G
The Attorney General
KAH;sdjs sd_
5
(8) SEE NOTE PAGE TTO
Assoc. Dir.
ALL IFORMATION CONTAINED
Dep. AD Adm:
53ES /924
Dep: AD Inv.
Asst. Dir.:
Admin.
MDA-I
Comp. Syst.
Ext. Affoirs
Files & Com.
Gen. Inv.
Ident.
Ins pection
Intell:
Loboratory
Plan. & Evol_
{Ru
Spoc. Inv.
IAvA
Training
Legol Coun. 16-)s
Telephone Rm.
Director Sec Y MAIL ROOM TELETYPE UNIT GPO 1975 0 569-920
NW 88608 Docld: 32989609 Page 2
30+
We W6G
299N"
~CLOSUDI"
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2
4r Mr . J , A Mintz
(1 5 Mr J, B. Hotis)
1 3 Mr , M. Ra Hepnzoz
The Attorney General June
9
1975
Mr _ M _ 0 Cregar
Director
9
FBI 1 Mr _ K, A Mendenhall
)
WNITED STATES SEATE SEEECZ COMMTTTEE
ON7 INTELLIGCNCE ACTIVITIES (SEC)
Referenca 1d nado to & memorandun from thbe SSC
dated Aprtl 1975, with attached appendicos A thru C
requesting certain documentg and orhor inzormation from
the IBI.
Attachad for your approval and forwarding t0 SSC
16 the orlginal of 4 nezorandun which responds to one 0f the
requests contained 1n above SSC nemorandun.
A copy 0f the menorandun i5 being furnished for
your records .
n Enclozures (2)
62-116395
1 t
The Deputy Attornoy Genoral
Attention: Ka I1llian 0'Connor
Special Coungol Eor
Intolligonco Coordlnazion
KAM:sdjs REC- 102
L1-11675-999
(9)
ALL NGORMATION CONTAIT?
Assoc . Dir.
HEREM IS
"a,SS zeuse
Dep. AD Adm_
SAE Zatro
Dep. AD Inv.
M-[6
Asst. Dir::
Admin.
Comp: Syst.
Ext. Affairs
Files & Com.
Gen. Inv.
Ident .
Inspection
Intell. Ren
Loboratory
Plon: & Evol
Spoc. Inv.
Troining
Coun.
Telephone Rm. 2
Directer Sec" 'Y3 NPG ROOM TELETYPE UNIT W.
(ekechr-+o68 JH
NW
Pibedylpacid97969609 Page ?
30 ,
X
scl
(FnCIdSUDE
1169
5_6
Legal
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Re; Superseded Sections of the
Manual 0f Instructions
NOTE;
Pursuant to 2 prior SSC request we furnished them
current HIOI Sections 36 84 , 86 87 88 , 97 and 122_
Due to the sensitive
nature
of
Sections
105 107 and 130 ,
these were made available for review FBIHQ .
Listed below are the Intelligence Division
representatives and the MOI sections reviewed for this
project :
Section 36-Espionage James W , Johnson CI-l
Section 84-Registration Act Dnnis R. Dickson CI-3
Section 86-Sabotage Louis J_ Brune 1-2
Section 87-Investigations of Willian N. Preusse IS-2
Subversive Organizations and Tbomas J . McNiff IS-2
Individuals
Section 88-Sedition George J. Lex IS-2
Section 105-Internal Security- James w Johnson CI-1
Nationalistic Tendency Howard R_ Dare, Jr . CI-2
Dennis R. Dickson CI-3
Section 107-Internal Security Edward P_ Grigalus IS-2
Informants and Confidential James W _ Johnson CI-1
Sources ; and Foreign Counter- Howard W Dare , Jr CI-2
intelligence Assets Dennis R. Dickson CI-3
8ection 122-Extremist Matters Robert D. Shea IS-1
and Civil Unrest
Section 130-Extrenist Infornans Robert D, Shea IS-1
and Sources
As previously noted, there were no MOI revisions
during the period 0f interest to Section 95-Treason and
Section 97-Voorhis Act _
The revisions of the MOI requested by SSC consists
0f approxinately 2,200 pages and Is approximately 9" in
height _ Due to the bulkiness of these revisions , they ar0
not being attached to this memorandum .
2
J
Nw 88608 Docld:32989609 Page 4
95,
at only
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5-140 (Rev: 1-21-74) FEDERAL BUREAU OF INVESTIGATION
HASHINGTON, D. C. 20535
SENATE SELECT COMITTEE
Addressee:
LTR LHM Memo Report dated
6/17/75
U.S _ Senate Select Committee Re: Superseded
Caption of Document: Sections
of the Manual of Instructns_
Part I SSC memorandum 4/30/75 _
FBI
Originating Offic
Delivered by: Date:
eelzs 32
Rei Sived by:
Title:
Return this receipt #gshe Intelligence Division, FBI
'ALL DLORHATON CQHAIW
572B
[795344
MDl/6
NW 88608 Docld:32989609 Page 5
Huoz Y
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Page 6
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SEE instructions On REVERSE
CLASSFY As APPROPR IATE BEFORE COMPLETinG_
TO: Intelligence Comunity Staff FROM:
ATTN: Central Index Federal Bureeu of Investlgatlon
SUBJECT: Abstract of Information Provided to Select Committees
Kow PROVDED (check appropriate term I f document was made available 2 DATE PROV [DED
for review but not transmitted_ S0 note.)
% DOCUMENT BRIEF ING INTERVIEW TESTimony OTHER
6/17/75
3 To WHOM PROV IDED (check appropriate term; add spec i fic name$ if appropriate)
x SSC
Benz, OffIce Manager
HSC
IDENTIFICATION (provide descriptive dat a for documen give name or identificat number 0 f briefef ,
interviewee testifier and subject )
Superseded 'Sections of the Manual Of Instruetlons
5 _ IN RESPONSE To (fist date and item number if in response t0 formal request , other- 6 _ CLAsSIFICAT ION 0f
wise state verbal request 0 f ( name) _ initiative , subpoena , etc.) INFORMA TION enter
U , C, S TS or
Codeword)
SSC letter dated 4/30/75 , Pert I 19U1
KEY #ORDS (enter the appropriate words from the List provided separately; i f key words not listed are
used underline for emphasis)
ALL INFORMATION CONTALTID
HEREMN * UNCLASSIE OperatIng Procedures DATELL 2S200 BY
TSp2
SUMMARY (see reverse side be fore complet ing this item)
At the request %f SSC, specified supergeded secttons of
this Bureau 8 Menual of Inetructlons Covering the perlod 1/1/60
to the pregent, have been 'made avatleble at FBIQ for revle by
SSC Members.
TREAT AS YELLOH
62-116395
TJM:lhb ORIGTNAL VIA LIATSON TO CENTRAL COMUNITY INDEX IN
(4) CONNECTTON WITH 'SENSTUDY 75 . LFS 7-2+4
CLAsSIFY As APPROPRIATE 379| (6-75 )
NW 88608 Docld:32989609 Page 6
ts; ion
key
utlezo
T0FI4
57-Aln(
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Page 7
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INSTRUCTIONS
Type or print clearly in ink.
Indicate classification of the abstract top and bottom-
Date the abstract and on any internal control numbers required_
"FROM" entry should clearly identify the organization providing the
information_
If additions (as when a copy of document sent to SSC is later sent to
HSC) or changes to a previously submitted form are necessary, submit a
copy of the original abstract, with the . change indicated_
SPECIFIC ITEM NO _ 8, SUMARY enter brief narrative statement describing
substance of information and showing relationship to Intelligence Comunity
matters if appropriate_ feedback or evidence of investigatory interests
should be noted_ Commitments made to supply additional information should be
noted_ Additionally, certain administrative information may be entered here,
e.g.
restrictions
on review of a document
9
if document was paraphrased _ whether
interviewee is current or former employee, etc_ If actual document or transcript
is provided, that fact should be noted and no summary is required_ Additional
pages may be attached if necessary.
NW 88608 Docld:32989609 Page 7
put
Any
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Page 8
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2 M A. Mintz
(1 ~ Mr . J_ B Hotis)
Mr. W _ RS Wannall i
Mr. W _ 0 Cregar
F Mr _ R. D Shea
The Attorney General June 17 , 1975
Director , FBI
UNITED STATES SENATE SELECT COMMITTEE
ON INTELLIGENCE ACTIVITIES (SSC)
Reference is made to a letter
0
and appendices thereto ,
from the SSC , dated 1975 , requesting Certain documents
and other information fron the FBI
2
Enclosed for your approval and forwarding to the
Comittee is an original of a enorandun which is responsive
to their request.
4 copy Of the memorandum is being furnished for your
records
D
Enclosures (2} D
62-116395
4
1 J
The Deputy Attorney General
`
Attention: K William 0'Connor
SpEntellfgencel Coordination
J
C
RDS : jmn m 0
63 . 116325-29&
(9)
ALL INEORHATION 'L 2 197,
CONTAINED
DATB
AM TZZ@
2720 5
Assoc. Dir.
Dep. AD Adm: mb-{6
Dep. AD Inv.
Asst. Dir::
Admin.
Comp. Syst:
Ext. Affairs
Pun
Filos & Com.
Gen. Inv.
Ident.
Inspection
Intell.
Loboratory
Plan: & Evol_
Spec. Inv.
Troining
Logol Coun.
Teleehone Bn:
TELETYPE UNIT GPO 1975 0 569-920 004ljnoaeia 9Z59sB99NEe
3
10, May
j
3
102
REC:
Eglcdwg
3
5 _TJmu MAA':
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Page 9
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2 V Mr . J_ A_ Mintz
(1 I Mr . J_ B_ Hotis)
Mr . W_ Ra Wannall 1
Mr . W . O_ Cregar
1 Mr . RS D_ Shea
62-116395 June 17, 1975
UIITED STATES SZMATE SELECr COMMITTEE
To: STUDY GOVERNEINTAL CPERATION:
RITR RESPECT To INTELLIGEICC ACTIVITIES
RE : REQUESZ PERTAINING TO ELZCTRONIC
SURVEILLANCE
Referenco is made to SSC lctter to the Attorney Goneral ,
vith attached appendices
1
dated May 14, 1975 , requesting certain
Gocuments and other information Eron the FBI_
In Appendix D,_captionod "Request Pertaining to
Electronic Surveillance ," the 8SC dosired 2 response to the
folloving request:
Item 15. "3l1 July and August nemoranda fror former
Special Agent (81) Leo 1. Clark to tne Agsistant Spccial Agent
in Charge (AS2C) or the Special Agent in Charge (SiC) Of the
Mewark , Fowv Jersey Office Of the Fedoral Burcau Of Investigation
(EBI} captioned Brotection Of the Pregident
Vn
Mhice Houce
# Inquiry_
In regard to the aforerentioned , a thorough review Of
the files Of the Newark Office of the FBI did not raveal the
erzictence Of 3 file bcaring tha caption, "Frotection of thc
President
J
Thita Bouse Inquiry- m Fowever
0
tis roviev di
dieclose the eristonce Of 2 file bearing tne caption "Protcction
Qf the Presidlent." 4 thorough revicw Qf this file failed to
uncover any penoranda emanating Erom former 84 Leo T. Clark at
any time.
In addition, a thorough revicw Of other files main
Assoc. Dir.
Dep. AD Adm:
tained at the %ewark Offico belleved relevant to the subject
Dep. AD Inv. natter Of this inquiry , did not reveal any Renoranda letters
Asst. Dir.: or othcr type cozmunications prepared bY former 84 Clark .
Admin.
Comp. Syst.
Ext. Affairs A thorough reviem Qf pertinent FBIHQ files discloses
Filcs & Com.
Gen. Inv.
no nemoranda emanating fron fornar SA Clark regarding this
Ident .
ratter.
Inspection
Intell;
Loborotory 1 The Attorney General
Plan: & Evol: *
Spec. lnv. RDS :jmn
Training
Jmn
Lagal Coun.
(8) SEE NOTE PAGE 2
Telephone Rm.
(l6 35: ~ 29/
GPO 4975 0 569-920 Director Sec'Y MAIL ROOM TELETYPE UNIT
FI 88608 Docld:32989609 Page 9
IENCLOSE:E
ukv TAA
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Page 10
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Request Pertaining to Electronic Surveillance
NOTE 8
Telephonic instructions were issued to the Newark
Office to respond to Item 15_
1
in SSC letter 5/14/75 _ By airtel
dated 5/30/75 and teletype dated 6/5/75 , Newvark advised that
their revier regarding Item 15 was negative. Material reviewed
at FBIHQ included ,
1
the "Disruption Of Democratic National
Convention; Information Concerning" file; records Of the
Inspection Division regarding the "Special Squad Atlantic
New Jersey , National Convention , August 22-28 1964 , " personnel
files of former Assistant to the Director DeLoach, Assistant
Director W C_ Sullivan, former SA S Leo T Clark and Frederick
Baumgaraner_ Above material did not make reference to or con-
tain any memoranda prepared by SA Clark regarding the Democratic
National Convention hela at Atlantic New Jersey
1
from
8/22-28/64_ File review conducted by SA Robert D. Shea _
2
NW 88608 Docld:32989609 Page 10
city=
city
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Page 11
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5-140 (Rev. 1-21-74) FEDERAL BUREAU OF INVESTIGATION
HASHINGTON, D: C. 20535
Pd: 2ssee: Senate Select Committee
#iTR LHM Memo Report dated
6/17/75
38. SSC to Study Govt Operations with Respect
Caption of Document: to Intelligence Activities_ Re :
Request Pertaining to Electronic Surveillance
Originating FBI "eiic8 :
370
Deliyered by: Date:
dhvhs
Pi
RcFeived by:
Title:
Refurn this receipt to the Intelligence Divisiod, FBL
#LEwouNoIo4 COLTAD@D
EEREIN
DATE_#N
6uoheLm
TDpT paunlep
NW 88608 Docld:32989609 Page 11
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Page 12
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TE: SEE inSTRUCT |OnS On REVERSE
CLASSIFY As APPR OPR IATF BEFORE COMPLETING_
TO: Intelligence Comunity Staff FROM:
ATTN: Central Index Federal_Bureau 0f _Invest_gatton
SUBJECT: Abstract of Information Provided to Select Committees
How PROV [ DED (check appropriate term. I f document was made available 2 DATE PRoV DED
for review but not transmitted , s0 note. )
DOCUMENT BR IEF ING INTERVIEW TESTimony % OTHER
6/17/75
3 To WHoM PROV IDED (check appropriat e term; add spec i fic names if appropriate)
% SSC C OEfIce Manager
HSC
IDENTIF ICATION (provide descriptive dat a for document s; give name or identificat ion number of briefef ,
interviewee testifier and subject)
Request Perteining to ELectronic Survetllance
IN RESPONSE To (fist date and item number i f in response to formal request other- 6 CLAsSIF ICATION 0F
wise state verbal request 0 f (name) initiative , subpoena , etc.) INFORMATiON enter
U , C, S , TS or
Codeword)
SSC letter 5/14/75; Appendix D, Item 15
"U"
KEY WORDS enter the appropriate key words from the ist provided separately; if key words not listed are
used underline fof emphas is)
Surveillance
8 SUMMARY see reverse s ide be fore complet ing this item)
SSC requested all and August, 1964, memoranda capttoned
"Protection of the Fresident White House Inqutry," prepared by
e former Spectal Agent of our Phdladelphia Off:ce_ Search of
Bureau records fatled to uncover the existence of any such
documents .
#t IFORMATION
grEIN IS CONTAINED
DATE
1272802
TREAT AS YELLOW
62-116395
TJM:lhb ORIGTNAL VIA LIATSON TO CENTRAL COMMUNITY INDEX IN (4) CONNECTION WITH SENSTUDY 75 . ZFST 7-2-28
CLASSIFY As APPROPRIATE 379| (6-75 )
NW 88608 Docld:32989609 Page 12
BENZ ,
July
IvC
5 JJm
==================================================
Page 13
==================================================
INSTRUCTIONS
Type or print clearly in ink.
Indicate classification of the abstract top and bottom
Date the abstract and on any internal control numbers required.
"FROM" entry should clearly identify the organization providing the
information.
If additions (as when a copy of document sent to SSC is later sent to
HSC) or changes to a previously submitted form are necessary , submit a
copy of the original abstract, with the change indicated_
SPECIFIC ITEM NO _ 8, SUMMARY enter brief narrative statement describing
substance of information and showing relationship to Intelligence Comunity
matters if appropriate_ feedback or evidence of investigatory interests
should be noted _ Commitments made to supply additional information should be
noted_ Additionally, certain administrative information may be entered here,
e.g. , restrictions on review of a document , if document was paraphrased . whether
interviewee is current or former employee, etc_ If actual document or transcript
is provided; that fact should be noted and no summary is required
2
Additional
pages may be attached if necessary-
NW 88608 Docld:32989609 13
put
Any
Page
==================================================
Page 14
==================================================
Hr Da W_ Moore
2 Mr _ J A. Mintz
(Mr , J , B. Hotis)
The Attorney General June 17 , 1975
1 Mr . W. R. Wannall
Director 9 PBI 1 Mr = TI 0_ Cregar
1 Mr _ Ra Lo Moore
UNITED STATES SEIATE SELECT COMITTEE
OfT INTELLIGEICE ACTIVITIES (88C)
ALL INIORMATTON CONTAINVED
HREIN I8
DATE
7EZS 2hk
BY
By letter dated Hey 1975, with
att edlappendices,
the 88C requested certain inrormation and documents from the
F3I.
0
Inclosed for your approval and forwarding to che
Committee is the original 0f a memorandum and enclosures which 8
sprve a8 2 response to one 0z the S8C requests.
There does not appear to be any relation between the
0
elimination 0f the FBI Crine Records Divislon and the mandate
or the Committee contained in Senate Resolution 21 You may
Ti sh to give specific consideration to this observation before
approving the forwarding Of the enclosed docunents to the
Cpmmittee.
4 copy Of the nenorandun Tith enclosures 1s being
furnished for your records
0
Enclosures (20)
REC: 102,
6p-116395
2-//614_242
3
The Deputy Attorney General
Attention: I. Willian 0' Connor 3 .IIL 2 1975
Special Counsel for
Intelligence Coordination
Dir _
AD Adm. ~RLM ;mam
P AD Inv.
Dir.:
(1o)i-
min.
Imp. Syst.
LM
Affairs
"'0$ & Com.
h; Inv. Pu
ni:
ipection
Yell.
aboratory
Yon. & Evol:
c. Inv.
ining
7
Coun.
Jne Rm.
UE
SvAigZbom
TELETYPE UNIT -Vq'
GPO 1975 0 569-920 803
Docld:32989609 14
1
wew
'EfSLOSURE
61.2/
Page
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Page 15
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Mr D T . Moore
2 Mr _ J. Ao Mintz
(Mr J= B= Hotis)
1 ~ Mr . W. R. Wannall
62-116395 June 17 , 1975
1 Mr . T _ 0, Cregar
Mr Ra L. Moore
WIIICO 624ZC: SCIZZC #ELLEZ COMIIZZ (880)
30 SIWVY GQVTIT_CZZZA OFGAZIOiS
TITI RCCFCCZ Zo IIYCGLIGZICC ACTIVIZIES
RE: FOTZHEZ DOCUALT8 PETAINING %Q TEz
FBI AID DZTiNZNIIZ 0F JOCZICE
ORCANIIZNZION, SEROCIIEC, AZD JURISDICZIOI
Rczeronce 1€ Endo to APC lotter dadcd Lay
1975, Iltn attachcn appondi requccting certein
docunonts and othcr inforration fron tne TBI.
Furouan: t0 your requost in Appondiz B, Fart; II,
Itcn purber Zor al1 CGzcrondo &nd Qtnor Eatcrlulc
relating to tho ollninetlon Of thc FDI Crine Rccords
Divicion in lato 1972 Or
carly 1973, cncloscd aro coples
02' nino TBI corrunicationd-
Inclozurog (9) ALL DNBORMATION CONTAINED
HEREIN IS
DATE 1352046
ETEeuq
BY
1 5
The Attorney General Mdt
RLM:mam
(9)
BOTE:
The material furnished coltains available information
with reference to the change in name and later elimination of
the Crime Records Division during the period 10/16/72 to 1/3/73.
This matter has been coordinated with Mr David Divan of the
Assoc . Dir.
External Affairs Division. An extensive search by the Files and
Dep. AD Adm. ~Communications Division has failed to locate the 10/1/72 memorandum
Dep. AD Inv. ~referenced in M. A. Jones to Hr _ Bi memorandum , 10/16/72 and
Asst. Dira:
Admin.
the L M Talters memorandum to Mr _ Felt, 12/14/72. The
letter
to
Syst. Tr Fletcher Thompson mentioned in the second recoimendation,
Ext. Affaits
Files & Com.
1.age 3 of the 10716/72 Jones to Bishop memorandum is a Zetter of
Gen. Inv.
Ppgeeciation
for the suggestion with reference to the change in
Ident . name of the Crime Records Division.
Inspection
Intell.
RLM
Loborotory This document is prepared in respcisc t2 T708"" awd i8 not for dissemi-
Plan. & Evol: nation outside your Committee. Its &e 13i;1 to official proceedings by
Inv. your Committee and the content @ay nut bc Giselosed to uncuthorized person
Tsoindoun nel without the express approval of the FBI Qn Legol
DirlzhonseRr;_
MAIL ROOM TELETYPE UNIT
zeRELUSURE ` 3
is-241 /
GPO 4975 0 569-920
NW 88608 Docld: 32989609 Page 15_
19
caj,
15,
mlab
shop
Comp.
WWu
lijc
Spoc.
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Page 16
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5-140 (Rev. 1-21-74) FEDERAL BUREAU OF INVESTIGATION
WASHINGTON, D. C. 20535
~ddressee: Senate_Select_Committee
CJLTR LHM Memo Report dated 641425_
cypiioz'
of
SCnee Study Govt Operations with Respect
to Intelligence Activities _
Further Documents Pertaining to the FBI and Dept .
of Justice; Organization, and
Jurisdi EBI
8tryfurel
B @bI Ven15
Dexivered by: Date:
ehhz
Rebeived by:
Title:
74e7
Return this receipt to the Intelligence Division, FBI
AL MTORMATTONSOTTADTDD
HEREN
3n9357OEZR2ulk4
Ui;
DATE
me-W
NW 88608 Docld:32989609 Page 16
Re;
[62l87
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Page 17
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:hal No. 40 410-106
OM
MG{ JG.No. "7
UNITED STA" Ge RNMENT
Memorandum
TO Mr . Bishop DATE: 10-16-72
FROM M_ A, Jones
SLBJECT: SUGGESTED NAME CHANGE
CRIME RECORDS DIVISION
By memorandum dated- 10-4-72 , attached , it was indicated that
has suggested
a name change for the Crime Records Division to Office
of Public Information
or some other more meaningful designation
It was pointed out that suggestion
was in line with informal discussions _you (Mr Bishop)
have had with members of your Staff concerning
a possible
nane change for the Division
In this connection, Mr . Gray has noted that
he think Of many reasons for changing the name
What have been the nature 0f the reasons for change discussed?"
With the formation Of the Computer Svstems Division
ana the resuitant reagsignrent of the personnel and
the work of the Uniform .Crime Reporting Section including
the National Crime Information Center/Computerized Criminal
Histories file from Crime Records to Computer Systems
the title "Crime Records " as has indicated ,
is no longer meaningful insofar as the work of this
Division is concerned
"Office of Public Information "1 which was
suggested by would inaccurately reflect
the activities and responsibilities of this Division
and coula result in confusion with the Office of Public
Information in the Department of Justice. This_
1
of
course, would be undesirable
ALL WFORMATTCN CONTAIN_
Enolosures
I%IN
DATE_
@zansulk
BY
@pel6
Ihis document is prcpared in response to
request and i8 not for dissemi
nation outside vorrCommittec.' Ils &se & Timited to official proceedings b:
your Conmittee Gid thc content' iay nt be disclosed to unautiorized person
nel without thc express dpproval of the FBI
NW 88608 Docld:32989609 Page 17
0
"can
onr
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Page 18
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M_ A_ Jones to Mr _ Bishop Memo
RE : SUGGESTED NAME CHANGE CRIME RECORDS DIVISION
It is noted that this Division, which is presently
comprised 0f the' Crime Research Section, and the Correspondence:
and Tours Section is primarily responsible; for conducting
extensive research pertaining to crime crime prevention
and other related matters in the law enforcement field
This ~Division is" involved" in the review "and' preparation
of replies to correspondence regarding FBI Jurisdiction
and operations received from law enforcement , other Government
agencies, and the general public in those instances where
the Bureau has a responsibility disseminate such information
"The FBI Law Enforcement Bulletin J which is the
official publication of the FBI is prepared and distributed
by Crime Records as well as nuerous pamphlets for the
instruction and information of Bureau employees the law
enforcement profession ana the general public This Division
is responsible for supervision of tours of Bureau facilities
for Government officials law enforcement authorities
and the general public; directs the program of distributing
informative and illustrative material on
Bureau fugitives
to various media for the purpose of effecting the location
ana apprenension of inese criminals witi iile help of ciiiel
cooperation
;
and coordinates and supervises the Bureau' s
interests in the utilization of radio, television , and
publication outlets to enhance the discharge 0f our responsi_
bilities in the law enforcement field by acquainting the
public with the FBI' s operations and activities
In addition
1
this Division has the custody
a number 0f research and reference files which are _maintained
in a current status and which are essential to the Division
in the fulfillment of its responsibilities to the Bureau_
Further, this Division supervises the "Ten-Most-
'Wanted Fugitives" Program
1 as well as "The FBI" television
series _ both of which involve research for their sustenance
ana success
While it is recognized based on the foregoing,
that this Division is not completely absorbed in research
to the exclusion of other activities , "Crime Research"
CONTINUED T OVER
2
NW 88608 Docld: 32989609 Page 18
to,
ofr
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Page 19
==================================================
Mg A Jones to Mr _ Bishop Memo
RE : SUGGESTED NAME CHANGE
1
CRIME RECORDS DIVISION
more accurately describes
our responsibilities , it is
felt; than any other title suggested_ It;is noted the;
more likely_alternatives discussed were "Research and
Information Division "1 and "Research and, Correspondence_
Mt Division
RECOMMENDATIONS :
1 That Mr _ Gray approve the renaming of
Crime. Records Division to Crime Research Division
'o/3 2
0 *62A
2 _ That in line with the foregoing, the attached
letter to 0 be approved and sent_
1o/2&
6f{02/=
3
NW 88608 Docld:32989609 Page 19
the
2
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Page 20
==================================================
cztice Of THiK #iRECTOR
UNITED STATES DEPARTMENT 0F JUSTICE
FEDERAL BUREAU QF INVESTIGATION;
WASUINGTON, D.C. '20535
(Typea October 27, 1972)
PERSONAL' ' AiTENTiON
Memorandum to All Special Agents in Charge:
RE: "~NAME CHANGE 'OF ' CRIME ' RECORDS" 'DIVIsfON-
TO CRIME RESEARCH DIVISION
In view of the transfer of the record functions
of the Crime Records Division to the Computer Systems
Division , I have approved changing the name of the Crime
Records Division to the Crime Research Division effective
immediately. The Section formerly known as the Crime
Research Section has been renamed Research and Service
Section Manua) changes are forthcoming
f Patrick Gray, III
Acting-Director
Ft NFORMATION CONTAINED
DAEET
EE78302
BY
70N2-66
This docament is prepared i response to request and is not for dissemi-
nation; outside Committee. Its use.es limited to official proceedings by
your Committee ad the content may mt be disclosed to uauthorized person
nel without the eapress aproval of the FBI
NW 88608 Dacld:32989609 Page 20
your
yo?
==================================================
Page 21
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Uftionm ioks, No: 19 Mi0-106
1162 (oimion
GM Cim: #(G, Mo. 17
UNITED STATES GOV RNMENT
Memorandum
THE ACTIG DIRECTOR
DATE:
12-1-72
FROM W_ M.' FELT
SUBJECT : REORGANIZATION
4
CRMME RESEARCH DIVISION
Pursuant to your instructions, Assistant Director Bishop is
being temporarily attached to the Training Division at Quantico for special
assignment until the effective date of his_retirement, 2-1-73
Mr. Bishop will be assigned to the research and development of
a major case practical problem for use in the National Academy. This
is extremely important because our experience indicates that most of the
officers attending the Academy are unable to understand and handle the
ramifications of major casesa Mr. Bishop, With his extensive field back-
ground, plus his familiarity with news media problems, is ideally suited
to handle this assignment:
I he has time. Mr_ Bishop will also analyze and develop
meaningful practieal cases which will enable new agents to meet present-
day needs.
I have arranged with Mr. Jenkins for suitable office facilities
to be used by Mr. Bishop at Quantico and haveinstructed Bishop to feport
to Mr. Jenkins on Monday, 12-4-72_
is being diverted from his current
inspection aSSignment in the Office of Legal Counsel to begin an imrediate
survey of the Crime Research Division to determine the feasibility of the
transfer of its functions to other divisions.or to your office.
RECOMMENDATION:
None. For information;
IS
#3324
Ihis docaent i8 %rcrcred {n Fespn;"se to yn remest and is not for' disaenni-
nat:cl ( :sit" ~OT' 'w1 Ic ue :; Urited to offic:ol proceedino8 by
nour C:aei: €e C te (: ' ECy wt be (iselosed to wuthorized persgt
%eb ovithout_the exzress Opnnoval of the FBI
NW 88608 Docld:32989609 Page 21
MAT
INFORMATION
ALL
BYS HEREMN Inkzwo
DATE_ mbpl6
==================================================
Page 22
==================================================
UNITED STATES GOVFRNMENT
Memoranc
LTl
TO MR. FELT DATE: 12/6/72
FRON L_ M. WVAL TERS
SUBJECT SUPERVISORY REORGANIZATION OF
FUNCTIONS AND PERSONNEL; ALL'
18
CRINE RESEARCH DIVISION
76-[6
PURPOSE: To recommend immediate supervisory reorganization and transfer
of all functions and personnel of the Crime Research Division based
on survey and analysis conducted by Inspection Division.
Recommended transfer of functions and related responsibilities together
with appropriate personnel as follows:
OFFICE OF ACTIGDIRECTOR
To assume supervision of contacts with the Congress, press and other
ZCFC #cdic fcrrerly bendled by Assistant Djrertor Bishop; his front office Agent
personnel and the Adjninistretive Review Unit (Corgressional liaison)_
Fiinctions and Related Responsibilies:
Congressional liaison; Congressional correspondence; Congressional
telephone progress Of legislation of interest to or affecting the FBI; revieiv
of bills and resolutions introduced into both Houses of Congress and all public
and private laws enacted; and review and analysis of the Congressional Record.
Press, radio, television and motion picture contacts; field matters concerning
press
>
radio and television; correspondence relating to an editorial or to a commenta:-
liaison with the White Flouse and Department press offices; reviewv 'of editorials
and articles; review of magazines, newvspaper clippings and Washington News
Service ticker items; news releases &nd press inquiries; SAC calls regarding
press releases; press contact program; coordinate press matters of possible
future use from FBHQ Divisions.
Reviewv statements and speeches by Director or
matters affecting major
public relations; invitations for speeches by the Director; assignment Of speeches
to FBMQ speakers; reviev speech manuscripts.
Revieiv materiai for pubiication, first-ame salutation maii, matters critical'
of,and complaintsoregarding cBa lettersepclosing autographed ootogeaphs
dowiient:ts %42 ni; I9Sgions? :hyn ) Sequast und isot' for dissemi
ndtion ' oisirle qlouv' Coiimi: ec TTs 728 1S timiesd:to officiul proceedings 61
yorlr" Conmittee cnd the cvnlent nay nt be disclosed to unauthorized person
nel withont the express approval of the FBI
CONTINUED
3OVER
NW 88608 Docld:32989609 22
CONTAINEP
AINFQRMATION
UNCLASSIFIED BYSIAl
HERREIN 0)2624
DATE
lls; ,ca
Page
==================================================
Page 23
==================================================
~upervisory Reorgan: .tion of Functions and
Personnel; Crime R arch Division
special photographs in Director's Office; American Legion and veteran liaison
malters._
Recommended Agent Transfer:
OFFICE OF ACTNG ASSOCIATE DIRECTOR
To assumefeview and analysis of correspondence received by the Director
and the FBI and preparation of replies to the correspondence] Formerly handied by
the Special Correspondence Unit (correspondence of special Importance to Director
and Nation) and the Non ~Special Correspondence Unit (correspondence from the
public and requests for publications)_
Fuctions and Related Responsibilities:
Replies to correspondence regarding subversive activities and field divisions;
file reviews and necessary research to determine identity and pertinent background
of the correspondent; file reviewv and research necessary to reply to inquiries and
requests from private citizens_
2
law enforcement, Government representatives on
loc2l, state and national level; initiate instructionz to field offices in connection with
correspondence; processing of letters dealing With public relations
)
general newvs
media; requests and inquiries from lawv enforcement fficials Government
representatives and others in foreign countries; chronic mail; and requests for
publications.
Recommended Agent Tra sfer:
OFFICE OF LEGAL COUNSEL;
To assume formal liaison with th American Bar Association, National
District Attorneys Association National Association of Attorneys General,
Federal Bar Association, and the American Lawv Institute. These functions formed y
hanclled bythe Administrative Revielv Unit. Also research and preparation of legal
briels in connection Iith urgent policy matters (formerly handled by Research: Unit)
Recommended Agent Transfer:
1,
-2 5
CONTINUED
7
OVER
NW 88608 Docld:32989609 Page-23
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Page 24
==================================================
for Mr . Felt
Supervisory Reorganlzation Of Functions and Personie
Crime-Research Diyision
TRAINIG DIVISION
To ass ume:operations and maintenance Of the FBI Lbrary; preparation
and dissemination of pamphlets
)
reprints and related material of special
interest in law ehforcement and the crime problem; coordination and compilation of
matericl for presenting FBI operations and jurisdiction to law enforcement and the
pitblic through: movies; television;and.other news_media; apd specialized research
2nd preparation of material in conection,With memoranda requested by the
Director-and other Bureau officials research for speeches and policy statements
of the Director and analysis of articles and statements made concerning the FBI
These functions were formerly handled by the Library Unit, Publications Unit,
Special Productions Unit and Research Tnit.
Functions and Related Responsibilities:
Reference service to FBI officials e mployees , and authorities from other
Government agencies and individuals auth orized; maintenance of out-of ~town telephone_
directories covering United States; preparation of memoranda for Director and
other officials based on reviewv of current periodi cals police journals and scientific
magazines; purchase and sale of books to Bureau employees and the maintenance
of the inventory and firancial records pertinent to this project and operation of
2
lending library to Bureau employees_
Liaison with the Government Printing Office; preparation and dissemination"
of the FBI Law Enforcement Bulletin (LEB); research for the Director's monthly
announcement on an important phase O law enforcement or crime for each issue
of the LEB; requesting and coordinating material from the field_ editing,
preparation and distribution of "The Investigator"; preparation of "FBI Notes";.
preparation of Interesting Case Memoranda and maintenance of related indices; and
correlation and usage of FBI human interest items.
Monitoring movies and television for proper portrayal of FBI and maintenance
-of 2 running brief on
developments pertinent to Bureau operations; surveys and
evaluations of matters for presentment to the public by information media;
~to-day surveys of the media for consideration of the Director and Bureau
officials; custody and maintenance of recordings of the Director in connection with
policy statements or interviews with lalv enforcement or other Government agencies;
custody and maintenance of the general and official Bureau photograph file together
with indices; Writing of rdio and television scripts involving FBI fugitives and
matters Of FBI jurisdiction; distribution ol Uniform Crime Reports Bulletin;
mintenance of cartoo file
2
illustrations depicting FBI and reference file on mis ~
quoles of Director in news mecia releases; monthly review of FBI disseminalion of
information to the public , law enforcement ancl authorized individuals and organizationg
-3 CONTNUED
F
OVER
NW 88608 Docld:32989609 Page 24
day-
==================================================
Page 25
==================================================
imo for Mr. Felt
fe Supervisory Reorganization Of Functions and
Personnel; Crime Research Division
Research and coordination & materials in connection with speeches; by -
line articies and feature stories made or
published the Director; preparation
of memoranda concerning books on law enforcement; reviewv and analysis of magazine
and neivspaper manuscripts' concerning FBI prepared by outside authors_who request.
FBI revieiv for accuracy; compilation of data and.narrative form of material
presented inthe FBI's Annual Reports outlines and research for speech data
requested by Bureau Officials; maintenance' of iuidices o research materials
Supervision of Public Law 870 concerning misuse of the name of the FBI;
analysis of Young American Medals Awards; maintenance of reference files pertinent
to FBI jurisdiction and lal enforcement policies; reference files on sex offenders ,
parole and probation violators
}
pornographic literature; Supervision-and statistics
concerning FBI speech program; and supervision and direction of Bureau juvenile
project.
Recommended Agent Transfer:
ADMNISTRA TIVE DIVISIQV
To assume supervision for[special visitors on tours of Bureau facilities
meetings and photographs the Director and all other tours conducted for visitors
to the Eureau ] Preparetion of data on Bureau employees for lication ir home-
town neivspapers aS recruitment aids_ These functions formel y handled among
the Fugitive Publicity Unit, Special Productions Unit; Research Unit and Tour
Unit.
Fuctions and Related Responsibilities:
Handling and processing photographs and other matters for personal autograph
of the Director; intervieivs , testing_
2
lectures
)
classroom demonstrations
)
on-the -job
training and supervision of tour leaders; fingerprinting individuals requesting to be
fingerprinted in connectic with Government employment, security clearances or
personal identification; telephone inquiries relating to law enforcement, Natioal:
Acacemy . services and responsibilities of the FBI and background clata regarcing
the Director; mjintain tor statistics o visitors and sccurity of all towr' areas;
prepare data on background and work functions of Bureau employees for arranging
publication in their home-towvn newvspapers.
4- CONTINUCD
4
OVER
NW 88608 Docld:32989609 Page 25
by
with
pub_
==================================================
Page 26
==================================================
ior Mr: Felt
Supervisory Reorganization 0f.Fuctions and
Personnel; Crime Research Division
Recommended Agent Transfer
GENERAL NVESTIGATIVE DIVISION
To assume WVhite House name checks and appropriate correspondence ,
compilation-of;dafa and preparation of;memoranda on individualg requesting special
tours or
meetings With the Director compilation" ofdata and preparation of backgrounc
memoranda for dissemination to authorized individuals; and preparation of informative
memoranda pertainn g to organizations asking for data / These functions formerly
handled by the Summary Memoranda Unit, (In these functions were
performed in Name Check Section of General Investigative Division. )
Recommended_ Agent Transfer:
SPECIAL INVESTIGATIVE DIVISION
To assume bverall responsibility for publicizing FBI fugitives through all
evailable media, prepare narrative and illustrative data for Ten Fugitive
Program; research and preparation of feature fugitive articles; preparation and
dissemination of material concerning fugitives} maintenance of special indices concerr
distribution and cancellation Ol fugitive material to media; and conduct intervieivs with
Le4Suil3 makiig telcphomic €r pCrsorcl calle tc FBJEQ concerning matters {ithin: fhe
jurisdiction of the FBI or of interest to the Bureau: These functions iere formerly
handled hy the Fugitive Publicity Unit.
Recommended Agent Transfer:
OBSERVA TIONS
Agent personnel and supervisory functions have been analyzed and dealt with
in the foregoing proposed reallocations; clerical functions have not. It is suggested
that clerical functions and personnel noy Simply mgve With the_Agent desTs and
units to which are attached. Questions of space also have not been covered
and it is readily apparent that & substantial portion of the functions and personnel
suggested for transfer to Training Division might feasibly operate at Quantico
{e. g. Library, Special Productions Publications Unit)_ Five units of Training ;
Division are nOlv located at Headquarters and the Research Unit o Research and
Service Section proposed herein for transfer to Training Division =
1
likewise should
remain at Headquarters. Accordingly formerlyin the
Front Oflice of Crimle Research Division
)
has Jeen proposed_for transfer to Training
Dirision in order to act,. duritg this lransition period,
as a special coor dinator
of funclions that may be divided betwveen Headquarters and Quantico
Eenae
Thc queslions of adequacy of clerical personncl, spacc reallocation, and
rcloralion of units_aad 'zfunctions to Quzntico demacd grcater study and inasmuch
NWV 88608 Docld:32989609 4
past years
Top
they
anc
Page
==================================================
Page 27
==================================================
"fior Mr. Felt
Supervisory Reorganization of Fuctions and Persontel
Crine Research Division
25_
Training Division is scheduled for regular annual inspection next iveelc; these.
mattcrs ivill be gone into iil clcpth in conection (vith that inspection and coordinated
in consultation wvith Administrative Division. It is the purpose of this merorandur
to promptly effect the clesircd transfers of functions among affected Divisions in
order to provide for immediate routing of mail and upper level revieiv;and
supervision Of the Iork product_ of all uits previously composing Crime Research
Division
RECOMMENDATION:
That transfers as outlined herein be approved,
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:[.
ADDENDUM OF W. M. FELT 12-6-72 WMF;crt
Thts appegrg:logical and feasible:: I,snags develoo_we can:
readjust. Iagree that the Regearch and-Service functions, yhich Will remain
under shouid be reassigned to the Training
Divisions I do not believe that this Section should be tranaierred to Guantico,
however, becauze there i3 daily need for access to files and other material
at Headquarters and occasional contacts with tne public: Furthermore, there
ig no availabla space at Quantico except in the Library Building Accordingly ,
T recommend that tha FBIHQ-Libraryte moved into the Library Building at
Guantico. We would need to retain at FBIHQ the telephone directories and
encyclopedias which are used on & daily basis by other Divisions: The
space into wvhich the FBIHQ Library was to have been moved in the 9th and D
Building can be used and in fact is badly needed by the Dorestic Intelligence
Division which is very crowded:
Irecommend that you approve now the transier 0f functions and
that any necessary realignment 0f personnel be considered by separate
memoranda.
6 -
NW 88608 Docld:32989609 Page 28
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Page 29
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0Ja 74 M
UNITZD STA'TES COVV WENT'
Memorand
FO XTR . FELT DATE:
Decenber 14,1972
Frox L: M;WALTERS
SUBJECT: SUPER VISORv REORGANIZATION OF
FUNCTIONS AN? PERSONNE L;
CRINE RESEALRCil DIVZSON
per prior Approvel of Mr _ Gray
Efiectire imediately ail functicns and personnel formerly assiged
to tile Crinie Resenrch Divisio are reassiged a5 i-dicated elow Recipient
Inspeclors Secticn and Unit Chiefs promptly report to respective offices of
assignment,
Agent personnel are set forth together With assignec functions, Clericsl
personnel utilized in hanciing these assignments arc to trarsfer' with listed Agen is
in accordence With the functions fcrmerly handled by them_
OFFICE OF ACTINC DIRFCTOR
To assume supervision 0f contacts with the Congress press ard
other news rredia former ly handlcd in the Front Oifice of the Crime Research
Division :S iell &s the Administrative Revlew Unit which has been redcsignated
as the Congressional Services Unit and will be hancled by
ALL INFORMATTON COMIAINHD'
HEREIN I8
Functions and Related Responsibilities: DATE_
247E4
Congressional liaison; Congressional correspondence; Congressional
telephone' cails; progress cf legisiaticn O interest to
or
affecting tne FBI; review
Qf bills Ard resolutics introdgced into bcth Houses o Congress and alj public
ad private lawg: enacted; Jid FeView: and analysis 2l;the Congressional Fecord
Press , radio _ televisior and notion picture contacts field mattcrs concer:
press _ radio and teievisicn; corresrondence relating [0 an editorial or to 2 com-
mentator;laison Wth thc White Kouse and Departrent press ofrices; reviewv of
editorials and articles; #eview o magazines_ #ewsqapcr clippings anc: Washington
Newvs Scrvice ticker items "cws relesses and press inquirics; SAC calls reg?rdinz
press Felenses; press contact prograni; Ucordinnte press matters *of 'possible
futire use iror} FBIiiQ Dirisics.
Itio doovisel; % Prenered # resporse to
reqest and is not ffor dissemi- outside
DloIw: ansneefi Jaiid toextficisl taoseedivgs;,5634
NW 88608
Docld: 3elag3itlvoyggui niel Sgcrprcss (pgroval of thle FBI
~liscloscrto' Entdutiior {zed' person
or
==================================================
Page 30
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Memno for Nr . Felt
Re} Reorganization of
Revicw statements and speeches by Director: or matters affecting major
public relations; invitations for Speeches by the Director; assignment of speechess
to FBIIIQ Speakeis; review speech manuscripts.
Revicw: materialfor publication, first-name salutation meil; matters criticd
of and complaints regarding FBI; letters enclosing autographed photographs;
special photographs in Director's, Oflice; 'American Legion and; Veteran; liaison
matters
OFFICE OF AcTNG ASSOCIATE DIRECTOR;
R
To assune review and analysis of correspondence received by the Director
and the FBI and preparation of replies to the correspondence. Formerly hardled b:|
the Special Correspondence Unit (correspondence of special importance to Director
and Naticn) and the Non -Special Corresponcence Unit (correspondence from the
public and requests for publications).
Fuctions_ad_Related Responsibililies:
Replies to correspondence regarding subversive activities and field
divisions; file reviews and necessary research to determine identity &nd pertinent
background of the correspondent; file review and research ilecessary to rcply to
inquiries and requests from private citizers law enforcement, Gorernnent
representatives 0n local state and national lerel; initiate instructionls to field
offices in connection With correspondence; processing of letters dealing With public
relations general news mledia; requests and inguiries fron law enforcement
officials Government representatives and otlers in foreign countries; chronic mail;
and requests for publicaticns.
OFFICE OF LEGAL COUNSEL
To assume formal liaison with the American Bar Association, National
District Attorneys Associa National Association 0i Attorneys General,
Federa] Bar' Associati and the American Law Institute_ These functions formerly
hanclled the Administrative Review' Unit, Also research and preparation of legai
briefs in connectior With urgent policy matters (formerly handled by Research Unit).
~2 - CONTINUED OVER
NW 88608 Docld:32989609 Pige 30
tionl ,
C12 ,
by
==================================================
Page 31
==================================================
Nemo for Mr Felt
Re; Reorganization 0f
TRAINIG DIVISION
To assuine operatios and maintenance of the FBI Library; preparation
2nd dissemination of pamphlets , reprints.and related material of Special interest
in law enfcrcement and the crime problem; coordination &nd coinpilation of
meterial for presenting FBI cperations and jwrisdiction to law enlorcement and the
public through movics television and,other news redia; &nd specialized research
and preparation of material in connection With memcranda requested by the
Director aad other Fureau ofiicials research {or sgeeches and policy statements
of the Director and analysis of articles and staterents mace CO ncerning the FBI:
These furcticns were formerly handled the Library Unit, Publications Unit,
Special Prcductions Unit &nd Research Unit.
Fuctions 2nd Related Responsibilities:
:
Reference service to FBI officials employees , andathorities from Jther
Government agencies and individuals authorized; raintenance of out-of -towvn telepnc]
directories covering Tpited States; ereperation %f memoranda for Director and
other Officisis based on revieiv of current periodicals police journals 2nd scientifi-]
magazines; purchase and sale of books to Bureau employees and the maintenance
of the inventory and finaicial records pertinent to this project and @eration of 2
lending library to Bureau employees.
Liaison with the Government Printing Olfice; preparation and disseminatior]
of the FBI Law Enforcement Bulletin (LEB); research for the Director'S monthly
announcerent on an important phase 0f law eniorcement Or crime fcr each issue
of the LEB; reques and ccordinating material Irom the field editing,
preparalion and cistribution of "The Investigator 18 preparation 0i "FBI Notes"=
preparaticn 0f interesting Case Memoranda and maintenance of related indices;
2nd correlation and usage cf FBI human interest items.
Monitoring movies and television for proper portrayal of FBI and maintena
of a running brief
on developmcnts pertinent to Bureau operatiors; surveys and
evaluations 0f malters fcr presentient to the public by information media;
day-to-day surveys cf the media for consideration of the Director and Burca u
officials; cuS= and maintenance Oi recordings of the Director' in counection with
policy statcments or interviews with law enforcement or' other Governmeut ?;encies
custody ard maintcnance of the gcneral andl Oifici?l_Eureau photograph file together
with indices; Writing 0f radio and television scripts involving FBI fugitives and
-3 - CONTNUED OVER
NW 88608 Docld:32989609 Page 31
by
ting
tody
==================================================
Page 32
==================================================
Memo far Mr_ Felt
Re: Reorglnization of
mattcrs of FBI jurisdiction; distribution.of Uniform Crime Reports Bulletin;
maintenance o cartoon' file, illustrations depicting FB and reference file' ou mis
quotes of Director in news media releases; monthly review, Of FBI dissemination"of
information to the public , lal enforcement and autha*ized 'individuals and-
Or= ganizations
Research and coordination of materials in connection with speeches
line artieles aud feature Stories made or*puslished by the Director; prepargtion
of memoralida concerning books 0l law enfor cement; review and analysis 0f magazin
J
2nd neispaper manuscripts conceruling FBI prepared by outside authors who reguest
FBI revieWv for accuracy; compilation of 'data and narrative form df material
presented in flie FBI's Aunual Reports; outlines and research for speech datz
requested by Bureau oflicials; maintenance of indices on research materials.
Supervision of Pubblic Lawv 870 concerning misuse of the name,of the FBJ;_
analysis "Of' Young American Medals Awards; mjiltenziice of reference files pertincrt
to FBI jurisliction and laiv enforcement policies; rejerence files on sex cffenders _
parole ard prcbation violators_ pornograjhic literatirre; supervision and statistics
concerning FBI speech program; and supervision and direction of Bireau juvenile
project.
ADMINISTRATIVE DIVISION
T0 assume supervision for special visitors on tours of Bureau facilities
meetings,and photographs, With the Director and all other touls conductcd for visitor :
tothe Bureiu Preparation 0 data on Bureau employees for publication in home
I
town newvspapers a5 recruitment aics These fiictions forred y handled among
the Fugitive" Fublicity Unit, Specia Productions Unit, Research Unit and Tour Unit.
Fuctions_and Related Responsibilities:
Handling and processing photographs and other matters for personal autogra
of the Director; interviews testing_ lectures classroom dlenonstrations
1
Cil ~the ~o5p
training and supervision of tour leaders; fingerprinting indiriduals reguesting to be
fingerpri nted in connection with Government employment_ security clearances or
personal identificatioc; telephone inquiries relating to la( enforcement, National
Academy , services and responsibilities of the FBI and background data regarding
the Director; maintain tour statstics of visitors and security of all tour areas;
prepare data O41 background and work fuctions of Bureau employees for' arranging
publication in their home-toin newvspapers_
GENERAL INVESTIGA TIVE DIVISION
NW 88608 Docld:32989609 Page 32 COttiTTtt $, $ Cittt
by;_
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Page 33
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Mema for Mr . Felt
Re: Reorganization of
To assune White House namc checks and appropriate correspondence
9 compilation of data and preparatio o memoranda on individuals requcsting special
tours 0r"
mectings With the Director; compilation of Jata and preparation of backgrouy
memoranda for dissemination to authorized indlividuals; and preparation O informati
memoranda pertaining to organizations asking for data These functiculs formerlj
handled by the Summary Memoranda Unit,
'SPECIAL INVESTIGATIVE biVISHON:
To assume overall responsibility for publicizing FBI fugitives through all
available media prepare narrative and illustrative clata for Ten Fugitive
Program, research and preparaticn of feature fugitive articles; preparation and
dissemination of,material concerning fugitives; maintenance of specjal indices
conc- erning distribution 2nd cancellation of fugitive material to mecia; and cocuct
intervieis with persons making telephonic
or personal calls to FBIHQ concerning
matters within the jurisdiction of the FEI 0i' 0f interest to the Bureau: These
functions were for merly handled by the Fugitive Publicity Unit_
RECOMMENDATIONS :
1. That the Administrative Division arrange any necessary realignment
of space and handle memoranda instructing transfers.
2 That recipient offices promptly survey clerical fuctions and
responsibilities and submit appropriate recommendations in connection with
any needed realignment of clerical personnel; also prepare updated organizational
charts _
3 . That attached airtel to all Olfices be approved.
NW 88608 Docld:32989609 Page 33 ~5 -
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Page 34
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airtel
December 15, 1972
To: Albany
From: For the_Acting Director_ FBI
W Mark Felt
~Acting Associate Director
'SUPEFVISORY REOEGANIZATION OF ALL IFORMATION'CoNTAni
FUNCTIONS AND PERSONNEL; BEREDN
3881 SS Z@inty
IS UNCLAE
CRIME RESEARCH PIVISIQN
DATEYL
m)l
For informatio cf all offices the functions and personnel formerly
assigned tc the Crime Research Divigion have been realigned at FBIHQ
Mr , Gray has assumed supervision 0f contacts with the Congress ,
press and other newg media.
Remaining functiong of the Crime Research Division have been
reorganized and assigned &s follows:
OFFICE OF ACTNG ASSOCIATE DRECTOR
Review and analysis of correspondence received by the Director and
the FBI and preparation of replies to correspondence_
OFFICE OF LEGAL COUNSEL
Formal liaison with the American Bax Association and other lega}
07e organiznuots
TRANING DIVISION
OpeFatton aild maintenance Of the FBI Library; preparation and
dissemination 0f pamphlets , reprints and related material of special interest
2 0
All Offices
This dociment is prepared in response to request and is not for dissemir
nation otside yowr Committee. Tts use is limited to official proceedings by
your Committee and the content may nt be disclosed t uauthorized person
nel without the express approval of the FBI
NW 88608 Docld:32989609 Page 34
SAC,
your
G.06p
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Page 35
==================================================
Airtel'to Albany
Supervisory Reorganization af
Functions and Personnel;
Crime Regearch Division
Zri Taw: enforcement aud ine crite problem; ccordinatign and' compiiatioi o
material [Or pregenting FBI operaticns and jurisdiction to laty enforcement
and the public through movies televisian and other news media; and Specialized
research and preparation of naterial in connection With memioranda requested:
by the Director &nd other Bureau officials; research for speeches and policy
8tatements of the Director and analysis of articles and statements made concerning
the FBL
ADMNISTRATIVE DIVISION .
Special visitore On tours &f Bureau facilities, meetings and photographs
with the Director and all other tour8 conducted for visitors to the Bureau
GENERAL NVESTIGATIVE DIVISION
White House name checks &nd appropriate correspondence; compilation
of data and preparation af memoranda &n individuals requesting special tours
Or
meetings Wtn the Direcior; compilaiivu Ui Laia aid preparatica # bazk-grcuna
memoranda fOr disseminatian to Euthorized individuals; and preparation af
informative memoranda pertaining to organizations asking for data:
SPECIAL INVESTIGA TIVE DIVISION
Overall responsibility for publicizing FBI fugitives through 2ll gvilable
media; prepare narrative and iliustrative cata for Top Ten Fugitive Program,
research and preparation Of feature fugitive articles; preparatic and
dissemination of material concerning fugitives.
Above furnished for guidance in routing commuications to FBHHQ
NW 88608 Docld:32989609 35 2
0 Page
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Page 36
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Mt 1/02 (dimion
OJA GIm,; #O. No. 17
UNITED STATES GOvLR MENT
Memorandum
TO
MR. FELT
DATE;
12/18/72
FROM 'N. P_ CALLAHAN
SUBJECT : SUPERVISORY REORGANIZATION OF
FUNCTIONS AND PERSONNEL;
CRIME RESEARCH DIVISION
memo dated 12/14/72 from Mr. Walters to Mr. Felt the
reassignment of Special Agent personnel of,the iormer Crime Research
Division to other Offices and Divisions at Headquarters was set forth_ The
purpose Of this memo is to establish what clerical personnel will be assigned
to each Office Or Division_ This information is necessary to effect changes
in appropriate records_
For control purposes, each of the listed individuals should advise
of the clerical personnel needed to carry out the functions and related
responsibilities reassigned to the respective Utfice or Division. Aii ciericai
personnel assigned to the former Crime Research Division must be accounted:
for _ Accordingly the listed individuals should consult with each other if
there is any question concerning assignment, excessive or needed clerical
personnel, coore dinating information with appropriate Office representative
or Division head. Identities, positions and grades should be set forth under
the respective Office or Division.
M @LL WFORMATION CONTAINED
HEREMN IS InOLLSSHIZAtts
DATE 1apn
mfl
RECOMMENDATION:
That the reassignment of the clerical personnel of the former
Crime Research Division be accomplished as set forth above with results
furnished to the Administrative Division so that appropriate records can
be adjusted.
This document is preparca
palion 03+s1ng yo % @%onz:
':
"esoopRe {2 {"T %cqur"t (d is aot
go2' Comnnittee 64 t4 "'{i to offici:l
for disseni-
nel Qvithowt the 6 %l to
1"1 ocecdings bp
Cxprcs8 Gppiv-+l
vf ts. 7[
1.#Osliu:ice Dersolb
NW 88608 Docld:32989609 Page 36
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Ortionnl /o1m No. 10 wio-10
Mat 1087 Jittom
GM Gen: if6. i0. "1
UNITED STATES GC RNMENT
Memorandum
TO Mr. Felt DATE: December 21, 1972
FROM J_ Jenkins
SUBJECT: SUPERVISORY REORGANIZATION OF
'FFJNCTIONS AND PERSONNEL
(CRIME_RESEARCH DIVISIONK
Reference is made to memorandum L. M. Walters to Mr. Felt,
dated December 14, 1972, in captioned matter.
Bureau Library at FBI Headquarters
A survey has been made of the library, its books , facility and
personnel: At the present the library is housed in Six rooms in the 4200
corridor at FBI Headquarters and has a of the following:
AALL IBORMACONSOIEAIIID
DATE
AzE9FE2duwly
From a Survey of the books_ all books can be removed from the
library to the library at Quantico With exception to certain reference books
and out-of-town telephone directories which are necessary to be maintained at FBI
Headquarters for ready-reference purposes by the Bureau staff at Headquarters.
From the survey, it was determined these books can be_maintained ju two
presently occupied by the library, thus freeing four roomg 95'gurpkus
Epg Zeooms
In the library is & lending library which has about 100 members.
These members pay $1 every six months for membership dues and have the privileg
of using the library. Because of the minor use of this lending library, Iam proposii
that we phase out this part of the library during the next six months_
9
removing the
books at the end of that period to Quantico.
'This docunent %s ?anared in response to yonn request and is not for dissemi-
nation outzi-le %ou' Coinmiltee. It: %se is limil"d to official proceedings by
Joa" Committce Gr:] the contcnt'gay nut be disclosed to unauthorized person
without tlle express approval af the FBI
CONTINUED
e
OVER
NW 88608 Docld:32989609 Page37 _
time,
staff
m Dpl
nel
==================================================
Page 38
==================================================
Memorandun TJ_ Jenkins to Mr _ Felt'
Re: Supervisory Reorganization of
Functions and Personnel
Crime Research Division
From the survey, Ibelieve that the two library technicians who are
presently assigned to the library,.can handle_the remaining reference books and
telephone directories and that when 1
retirns to work & decision 'can be
made aS to what can be done with her
Since practically all of the library will be transferred to Quantico,
it will be necessary to transfer 'certain employees of the library unit.
RECOMENDATIONS:
(1) That all the books with the exception of the reference books,
lending library, and out-of-toiy telephone directories be transferred to the
at Quantico.
(2) That authority be granted to gradually phase out the lending
library over the next Six-month period.
(3) That be transferred to Quantico
a8 Assistant Librarian and for lecture purposes at the Academy.
(4) That be
transferred to the Academy_at Quantico.
(5) That the position of secretary be abolished and that
~be reassigned.
Y NW 88608 Docld:32989609 Page 38
Academy
==================================================
Page 39
==================================================
Memorandum T. J. Jenkins: to Mr. Felt
Re: Supervisory Reorganization of
Functions and Personnel
Crime Research Division
(6) That thetwo library technicians_
be retained to handle the reference books and telephone directories
remaining at FBI Headquarters.
(7) If above transfers are approved,-Administrative Division will
handle.
~i_
2
12/7
3 7 NWV 88608 Docld:32989609 Page 39-
LW-
ODurve. _
[:12p
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Page 40
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0M fm {C. Mo. "2
UNITED STATES GO NMENT
Memoranaum
TO Mr . Felt DATE: January 3, 1973
FROM T. J. Jeniz S
SUBJECT :
SUPERVISORY REORGANIZATION OF
FINCTIONS AND PERSONNEL
CRTE RESEARCH DIVISION
Reference is made to the memorandum bf .Mr . Walters to Mr. Felt:
dated 12/14/72; in caplioned matter A review has been made Of the units aSSignez
to the,Training Division from the former Crime Research Division, particularly
the Research and Service Section As you know
} has retired: Ibelieve We can consolidate the Training Progrems
Processing Section and the Research and Service Section at FBI Headquarters
into one section, calling it the Training Programs Processing and Research Secticz;
This" would eliminate Onle section chief.
As you know, we have recommended and it has been approved that t=
Library in the Crime Research Section be moved to Quantico It is my proposal
iilai iile {Uf IICA Lilary Uuii, wilal io ieii Ui il iere &i fS feadqial iel?, Ve 4ie's7_
with the Research Unit leaving three units from the former Research and Service
Section; namely, the Research Unit; Special Productions Unit and Publications
Unit.
I have discussed with Mr. Callahan the transferring Of the Suggestzz=
Forms
3
Reports Management, Manuals and Chief Clerk Matters to the Administrzz-=
Division and he is agreeable_ This would mean an addition to his division Of one
Special Agent and seven clerical staff. The remaining units presently in the Traic-=
Division would remain a8 is.
This would give the Section Chief of the Training Division stationed
at FBL Headquarters a total of,18 Agents and 53 clerks under his supervision: I
believe that current Section Chief _ is capable of handling this
assigament a8 Section Chief_
}
particularly i is retained 2s
Number One Man of the Section. has served aS Number One Man in the
former Research and Service Section of the Crime Research Division.
ALL WEQRMATTONSONTANNEP
HEREMN IS
PPNCTASSTS38
DATE_
iLAg :MBY_
MDe- 0
Tlis documcnt is prepared in response to request and is not for dissemi-
nation ohside u6r Conmitioc 'lts u:c i; limited to official procccdings by
yontr' Comiittce and Uhe con' nt Aa; nt bc discloscd to unauthorized person
ncl without thcc cxprcss aYroral of the F II
NW 88608 Docld:32989609 Page 4Q:
Vunlep
ho2r
==================================================
Page 41
==================================================
Memorandum T. J. Jenkins to Mr . Felt
Re: Supervisory Reorganization of
Functions and Personnel
Crime Research Division
RECOMMENDATIONS:
(1) That the old Research and Service Section of the former Crime
Research Division be combined with the Training Programs Processing Section of
the Training Division and be given the name Training Programs Processing and
Research Section.
(2) That the Suggestions , Forms, Reports Management Manuals
and Chief Clerk Matters be transferred from the Training Division to the
Administrative Division.
25(3) That current Section Chief in the Training
Division be relaied as Jection Chief. 0F Ths Nart Wc 7a4/
OxfsikuATrr
(4) That ie Reteinec aS Number One Man of
this new Section in the Training Division:
INW 88608 Docld:32989609 Page 41
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Page 42
==================================================
ADDENDUM OF W_ M. FELT 1-4-73
Iam in agreement with the above except for the proposed
new hame"Training Programs ProcesSing and Research Section: Ithink
this sounds pompous-and cumbersome. I suggest and Mr_ Jenkins has
agreed to naming the new section Police Training and Research Section.
I recommend approval with this modification:
8
4
9;yp
3 -
NWV 88608 Docld:32989609 Page-
Gasro
4Z
==================================================
Page 43
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Obtio *4l ioKm No, 10 710-104
4ay v6z ('#tior:
OsA MEN; B€o. No; 37
UNITED STATES GOVERNMENT
Memorandum
TO Mr . Felt DATE: January 3, 1973
FROM T. J. Jenka
SUBJECT: SUPERVISORY REORGANIZATION OF
FINCTIONS AND PERSONNEL
CRIE RESEARCE DIVISION
Reference is made to the memorandum bf.Mr. Walters to Mr. Felt,
dated 12/14/72, in captioned matter. A review has been made of the units assigned
to the Training Division from the former Crime Research Division, particularly
the Research &nd Service Section_ As you know
3
the Section Chief of that Section,
Milton A Jones has retired: I believe we can consolidate the Training Programs
Processing Section and the Research and Service Section at FBI Headquarters
into one section, calling it the Training Programs Processing and Research Section.
This would eliminate One section chief.
As you know, we have recommended and it has been approved that the
Library in the Crime Research Section be moved to Quantico. It is my proposal
tai iiie fU1 JLer Libiary Unii, wilal ib lefl Uf ll ilere al FBi Eeadquar ler? , Ve IICI
with the Research Unit leaving three uits from the former Research and Service
Section; namely, the Research Unit; Special Productions Unit and Publications
Unit.
I have discussed with Mr . Callahan the transferring of the Suggestions_
Forms Reports Management; Manuals and Chief Clerk Matters to the Administrative
Division and he is agreeable This would mean an addition to his division Of one
Special Agent and seven clerical staff. The remaining units presently in the Training
Division would remain aS is.
This would give the Section Chief of the: Training Division stationed
at FBI Headquarters a total of 18 Agents and 53 clerks under his supervision: I
believe that current Section Chief T. J. Brownfield, is capable of handling this
assignment aS Section Chief_ particularly if Mr _ Lawrence J_ Heim is retained as
Number One Man of the Section_ Mr. Heim has served aS Number One Man in the
former Research and Service Section of the Crime Research Division.
ALL INEORMATTONSONHADNVID
HEREIN I8
TGuuBSz Auttl
DATE @ZAc
Tlis document is prepared in response to your request and i8 not for disseni
nation outside yowr Committee. Its use %s' limited to official proceedings by
your Committee axd the' content mag mt ba disclosed to unduthorized person-
nel withont the express apxro:~l of
NW 88608 Docld:32989609 Page 43
geli
==================================================
Page 44
==================================================
Memorandum T J. Jenkins to Mr. Felt
Re: Supervisory Reorganization of
Functions and Personnel
Crime Research Division
RECOMMENDATIONS;
(1) That the old Research and Service Section Of the former Crime
Research Division be combined with the Training Programs Processing Section of
the Training Division and be given the name Training Programs Processing and
Research Section.
(2) That the Suggestions, Forms, Reports Management, Manuals
and Chief Clerk Matters be transferred from the Training Division to the
Administrative Division.
25(3) That SA T. J. Brownfield current Section Chief in the Training
Division be retaiifed aS 5 Zection Chief 02 Tr% Nars 0na4
L2 A4
OasiruaTA
(4) That SA Lawrence J. Heim be retotniee aS Number One Man of
this new Section in the Training Division:
NW 88608 Docld:32989609 Page 44
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Page 45
==================================================
ADDENDUM OF W. M. FELT 1-4-73
I am in agreement with the above except for the proposed
new name Training Programs Processing and Research Section: Tthink
this sounds pompous and cumbersome_ I suggest and Mr_ Jenkins has
agreed to naming the new section Police Training and Research Section
I recommend approval with this modification_
8
4
9;Y
NW 88608 Dacld:32989609 Page 45 3 1
G45na
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Page 46
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SEE instruct |Ons On REVERSE
CLASSIFY As APPROPR !ATE BEFORE COMPLETinG .
TO: Intelligence Comunity Staff FROM:
ATTN: Central Index Federal Bureau of InvestLgetIon
SUBJECT : Abstract of Information Provided to Select Committees
How PROV IDED check appropriate term . I f document was made available 2 DATE PROV IDED
for review but transmitted_ sS0 note.)
DOCUMENT BR /EF ING INTERVIEW TEST Mony OTHER
6/17/75
3 To WHOM PROVIDED (check appropriate term; add spec ific names if appropriate)
SSC
C: Benz, Office Manager
HSC
DENTIF ICAT |ON (provide descriptive dat a for document s; give name or ident i fication numbe r 0 f briefef ,
interviewee testifier and subject)
Further Documents Pertalning to the FBI and Department of Justice.
IN RESPONSE To (fist date and item numbe f if in response t0 formal request , other- 6 . CLASS IF ICATION 0F
wise state verba[ request 0 f ( name) initiative , subpoena etc.) INFORMATiON enter
U , C, $ TS 05
Codeword)
SSC letter 5/14/75; Appendtx B, Fart TI, Item 15.
91010
KEY #ORDS (enter the appropriat e key words from the Iist provided separately; if key words not listed are
used underline for emphasis)
Organization and Staffing
SUMMARY (see reverse side be fore complet ing this item)
At the request of the docunents relating to the
elinination of the FBI Crime Records Dlvtston in late 1972
were furnished to the SSC for review_
CONTATNED
ALL
33272 Ade
C
TREAT AS Yellob
wk
62-116395
TJM:lhb ORIGINAL VIA LIAISON TO CENTRAL COMMUNITY INDEX IN
(4) CONNECTION WITH 'SENSTUDY 75 . ZFS 7-2-75~
CLAsSiFY AS APPROPRIATE 379| (6-75 )
NW 88608 Docld:32989609 Page 46
not
SSC ,
INFORMATION
FEREMN
DATE MBe Tb
5 . RI
==================================================
Page 47
==================================================
INSTRUCTIONS
Type or print clearly in ink.
Indicate classification of the abstract and bottom.
Date the abstract and put on any internal control numbers required.
"FROM" entry should clearly identify the organization providing the
information.
If additions (as when a copy of document sent to SSC is later sent to
HSC) or changes to a previously submitted form are necessary , submit a
copy of the original abstract, with the change indicated_
SPECIFIC ITEM NO. 8_ SUMMARY M
enter brief narrative statement describing
substance of information and showing relationship to Intelligence Comunity
matters if appropriate_ feedback or evidence of investigatory interests
should be noted _ Commitments made to supply additional information should be
noted_ Additionally, certain administrative information may be entered here,
e.g. restrictions on review of a document, if document was paraphrased _ whether
interviewee is current or former employee, etc_ If actual document or transcript
is provided; that fact 'should be noted and no summary is required_ Additional
pages may be attached if necessary.
Mw' 88608 Docld:32989609 47
top
Any
Page
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Page 48
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Oniobat iokM NO: 10 Jio-100
Hat 1947 Mutiotf
Os4 GIm: io. Mio, 37
UNITED STATES GOVERNMENT
Memorandum
Mr. Felt DATE:
December 21, 1972
FROM T: J. Jenkins
SUBJECT; SUPERVISORY REORGANIZATION OF
#NCTIONS AND PERSONNEL
ALL
InotMATION CONTAIVER
(CRIME_RESEARCH DIVISION: 9nzFg
EnREM"
BY
Reference is made to memorandum L: M. Walters to Mr. Felt,
dated December 14, 1972, in captioned matter_
Bureau Library at FBI Headquarters
A survey has been made of the library, its books, facility and
personnel: At the present time, the library is housed in six rooms in the 4200
corridor at FBI Headquarters and has a
staff of the following:
Inspector Bernard M Suttler, GS-16
Librarian Iona 8t Swann, GS-9
Aczictent Libriricz Elciriz 3 Zohick, GS-8
Secretary Connie Hutchison, Gs-4 (position is GS-5)
3 Librarian Fechnicians
Alica Brand, GS-4 (on extended leave without pay
S
due to illness)
Patricia Kauber, GS-3 (GS-4 position)
Ester/ ViIlanueva, GS-4
From a Survey of the books
}
all books can be removed from the
library to the library at Quantico with exception to certain reference books_
and out-of-town telephone directories which are necessary to be maintained at FBI
Headquarters for ready-reference purposes by the Bureau staff at Headquarters.
From the survey, it was determined these books can be_maintained jr two rooms
presently occupied by the library, thus freeing four roofns PE,gurpks spale:
In the library is a lending library which has about 100 members.
These members pay $1 every Six months for membership dues and have privilege
Of the library. Because of the minor use of this lending library, I am proposin
that we phase out this part of the library during the next six months
1
removing the
books at the end of that period to Quantico.
This document is prepared in response to yo request ad is not for dissemi-
nation outside yon1r Committee. Its use is limited to official proceedings by
your Committee and the content iay -ot be disclosed to wauthorized person s
nel without the express approval of the FBI
CONTINUED
5
OVER
NW 88608 Docld:32989609 Page 48
mDe (y
the
using
==================================================
Page 49
==================================================
Memorandum J Jenkins to Mr: Felt
Re: Supervisory Reorganization of
Functions and Personnel
Crime Research Division
From the survey; Ibelieve that the two library technicians , who are_
presently assigned tothe library can handle the remaining reference books and
telephone directories and that When Miss Brand returns to work & decision can B8
made aS to what can be done with her.
Since practically all of the library will be transferred to Quantico,
it will be necessary to transfer certain employees of the library unit.
RECOMMENDATIONS:
(1) That all the books with the exception of the reference books,
lending library, and out-of-tory telephone directories be transferred to the Academy
at Quantico.
(2) That authority be granted to gradually phase out the lending
library over the next six-month period
(3) That Inspector Bernard M. Suttler be transferred to Quantico
a8 Agsistant Librarian and for lecture purposes at the Academy.
(4) That Miss Iona G. Swann and Miss Eleanor L. Benish be
transferred to the Academy_at Quantico.
# M7
n-1
(5) That the position of secretary be abolished and that Miss Connie
40 Hutchison be reassigned.
NW 88608 Docld: 32989609 Page 49
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Page 50
==================================================
Memorandum T. J. Jenkins to Mr_ Felt
Re: Supervisory Reorganization *of
Functions and Personnel
Crime Research Division:
(8): That the'two library: technicians;-Patricia: Liauber-and Ester::=
Villanueva, be retained to handle the reference books and telephone directories
remaining at FBI Headquarters.
(7) If above transfers are approved, Administrative Division will
handle.
Gngk &
NW 88608 Docld:32989609 Page 50 3 -
22/27
(48p
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Page 51
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~# 'ZNAL No. 10 Jio-i06 6 ; !S.; ON
' Gl ' jc. No. 21
UNITED STA" GOVERNMENT
Memorandum
Mr Bishop DATE:"' 10-16-72
FROM M_ A,/ Jones
SUBJECT : SUGGESTED NAME. CHANGE
CRIME_RECORDS_ DIVISION
184%
By memorandum dated 10-4-72
1
attached , it was indicated that Fletcher D Thompson SAC Omaha _ has suggested
a name change for the Crime Records Division to Office
of Public Information or some other more meaningful designation
2
It was pointed out that Mr Thompson S suggestion
was in line with informal discussions you (Mr Bishop)
have had with members of your staff concerning
a possible
name change for the Division_
In this connection
1
Mr _ Gray has noted that
he "can think of many reasons for changing the name
What have been the nature of the reasons for change discussed?"
With the formation of the Computer Systems Division-
ana the resultant reassignment of the personnel and
the work of the Uniform Crime Reporting Section including
the National Crime Information Center/Computerized Criminal
Histories file from Crime Records to Computer Systems
the title "Crime Records TI as Mr Thompson has indicated,
is no longer meaningful insofar as the work 0f this
Division is concerned
"Office of Public Information 1" which was
suggested by Mr Thompson woula inaccurately reflect
the activities and responsibilities of this Division
and could result in confusion with the Office of Public
Information in the Department of Justice_ This , of
course, woula be undesirable
Enclosures
ALL WBORMATION CCONTAINE
ER8EZZl
HDRREIN I8
LBY_
Bhis dociment.is prepared in response' to yowr request and is not for dissemir
nation outside your ) Committee. Its use. is limited to official proceedings by
'yowr Committee and the content may nut be disclosed to uauthorized person
nel withdut the eapress approval of the FBI
NW 88608 Decld;32989609 Page 51
0
mbA-U
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Page 52
==================================================
M. A. Jones to 'Mr Bishep Memo
RE SUGGESTED NAME"' CHANGE CRTME RECORbs DivISION
It is noted that this Division
1
which is presently
comprised;%f_ the; Crime;:Research Sectione- andathe-Corxespondence:
and Tours Section; i5 primarilyresponsible for conducting
extensive research pertaining to crime crime prevention,
and other related iatters in the law 'enforcement field
This 'Division "is involved in "the review ana' preparation
of replies to correspondence regarding FBI Jurisdiction
and operations received from law enforcement , other Government
agencies
1
and the general public in those instances where
the Bureau has a responsibility to disseminate such information
"The FBI Law: Enforcement Bulletin which is the
official publication of the FBI, is prepared and distributed
by Crime Records as well as nuerous pamphlets for the
instruction and information of Bureau employees the law
enforcement profession and the general public. This Division
is responsible for supervision 0f tours of Bureau facilities
for Government officials law enforcement authorities
and the general public; directs the program of distributing
informative and illustrative material on Bureau fugitives
to various media for the purpose of effecting the location
and apprenension 01 these Criminals witil ile ielp oi ciiizefi
cooperation;and coordinates and supervises the Bureau' s
interests in the utilization of radio, television and
publication outlets to enhance the discharge of our responsi_
bilities in the law enforcement field acquainting the
public with the FBI' s operations and activities
In addition , this Division has the custody of
a number of research and reference files which are maintained
in a current status and which are essential to the Division
in the fulfillment of its responsibilities to the Bureau_
Further, this Division supervises the "Ten-Most-
Wanted Fugitives" Program
1 as well as "The FBI" television
series , both of which involve research for their sustenance
and success _
While it is recognized, based on the foregoing,
that this Division is not completely absorbed in research
M to the exclusion of other activities , "Crime Research
CONTINUED OVER
2
NW 88608 Docld:32989609 52
by
Page
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Page 53
==================================================
M:A Jones to Mr Bishop Memo
RE SUGGESTED ' NAME CHANGE'
1
CRIM RECORDs DIVISION
more accurately describes our responsibilities it is
feltr than:any other title suggested < -t {is-noted ~the
more likely alternatives' discussed were "Research and-
Information Division "I and Research and Correspondence
II Divigion
RECOMMENDATIONS :
1 That Mr Grayi,approve the renaming of
Crime Records Division to. Crime Research Division
2
66f *
09 : 029
2 _ That in line with the foregoing, the attached
letter to Mr Thompson be approved ana sent.
10/:&
0{04
3
NW 88608 Docld:32989609 Page 53
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Jitionm {O*a' No. 10 s10-106
J* 1962 €ditioN
0M4 CIn: R{G. No. 27
UNITED STATES GOVERNMENT
Memorandum
TO
THE ACTiNG bIRECTOR DATE: i2-1772
FROM W. M. FELT
SUBJECT :
REORGANIZATION
L
CRIE RESARCH DIVISION
X
Pursuant to your instructions, Assistant Director Bishop is
being temporarily attached to the Training Division at Quantico for special
assignment until the effective date of his retirement, 2-1-73.
Mr. Bishop will be assigned to the research and development of
a major case practical problem for use in the National Academy. This
is extremely important because our experience indicates that most of the
officers attending the Academy are unable to understand and handle the
ramifications Of major cases. Mr. Bishop, with his extensive field back-
ground, plus his familiarity with news media problems, is ideally suited
to handle this assignment;
If he has time. Mr. Bishop will also analyze and develop
meaningful practical cases which will enable new agents to meet present-
day needs.
I have arranged with Mr. Jenkins for suitable office facilities
to be used by Mr. Bishop at Quantico and haveinstructed Bishop to report
to Mr. Jenkins on Monday, 12-4-72.
Inspector Wilburn K- kDeBruler is being diverted from" his current
inspection assignment in the Office of Legal Counsel to begin an immediate
survey of the Crime Research Division to determine the feasibility of the
transfer Of its functions to other divisions or to your office.
RECOMMENDATION:
None. For information; ALL INFORMATION CONTATIED
DAFIN
127574kf
IS
BY_(
MSe/
This document: is prepared in response to youn request and is not fer dissemi=
nation outside yor Committee, Ita use' @s Umited t official prgeeedings by
yoUr Committee and the content may nut be disclosed to unawthorized personz
"el wvithoutsthe ewpress agproval of the FBI
NW 88608 Dacld:32985609 Page 54
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0' 43 7oT 7T MXt M1; ~> ."
0j^ 0l r"J JS "} UNITED STATES &Oi (ENT
Memorandwm
TO MR. FELT
DATE: December14_ 1972
FRoM L. M, WALTERS
SUBJECT: SUPERVISORY REORGANIZATION OF AEZ WORMATION CONTAINEI
FUNCTIONS AND PERSONNEL;
HEREIN
723774
I8
CRIME RESEARCH DIVISTON DATE_
per prior Jpproval of Mr ,
Tdeio
Efiective inimediately Jail fuctions and personel formerly assiged
to thle Crime Research Divisioi are reassiged as i-dicated oelow. Recipient
Inspectors Secticn and Unit Chiefs promptly report to respective offices of
assignnient.
Agent personnel are set forth together With assigned functions. Clerical
personnel utilized in hanciing these assignments arc to trarsfer with listed Agen .s
in accordence With the functions fcrmerly handled by them_
OFTICE 0F ACTTNC DIRECTOR
Inspectors James F Bland , David W. Bowers , Jack E, Herington and
SA Harold P_ Leinbaugh.
To assume supervision 0f contacts with the Congress press ard
other newvs media formerly handled in the Front Oifice Of the Crime Research
Division aS #ell as the Administrative Revler Unit Ihich has been redcsiguated
as the Cogressional Seryices Unit @nd Willbe_handled by Inspectors Jack E_
'Heringtonand David Bowvers:
Functions and Related Responsibilities:
Congressional liaison; Congressional correspondence; Congressional
telephone cails; progress Of legisiation O interest to or
affecting tne FBI; review
0f bills: 4nd resolutious introcuced intoboth Houses.of Congress and.all public
and pEigate lews enacted nd Eeyiew2nd analysis %f the Cong es;iona] Recerd_
Press , radio; television and motion picture contacts; field matters concer]
press _
}
radlio and televisicn; correspondence releting to an editorial or to 2 com -
mentator;liason With thc White House and Department press oirices; reviel of
~editorials aiid articles: ~eview of magazines _ mewspaper clippings ancl WVashington:
News Service ticker items_ news relezses and press inquiries; SAC calls reg;rding
press Teleasas} prcss contaau prograni Zoordinate press matters 6f possible
fitire ise irozl FBIHC Divisios.
This document is prepared in response to request and is not for dissemi-
nationetside_4our_Gommi "Gittere: Its %8e I-limited;to- official mnoceedinas by
9iiiitbee?&ned ithe not 58"di8do3e6 %8-urdiuthorized per
NW 88608
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Gray
"'your
rdg
'5te
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Page 56
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Memo for Mr . Felt
Re: Reorganization of
Review statemegts and speeches by Director OF;matters affecting major:
public relations; invitations for speeches by the Pirectog assignment_of speeches
to FBQ speakers; review speech manuscripts:
Reyiew material for.publication;-first-name salutation mzil; matters critice]
of and complaints regarding FBI; letters enclosing autographed photographs;
special photographs in Director 1 S Office; American Legio; and veteran liaison
444
matters
OFFICE OF ACTNG ASSOCIATE DIRECTQR;
004+
Section Chief Gordon E_ Malmfeldt and SAs Homer R, Hauer (Number One
Man) , Ralph WV. Engelmeier Marion S_ Ramey, Paul L. Andrews, John W_ Dalseg;
Robert C. Dean and Richard E_ White
To assumne reviel and analysis 'of ' correspondence received by the Director
and the FBI and preparation of replies to the correspondence. Formerly hardled by
the Special Correspondence Unit (correspondence of special importance to Director
and Naticn) and the Non ~Special Correspondence Unit (correspondence from the
lic and reguests for publications).
Functiors i Related Responsibililies:
Replies to correspondence regarding subversive activities and field
divisions; file reviews and necessary research to determine identity and pertinent
background of the correspondent; file review and research necessary to reply to
inquiries and requests from private citizens law enforcement, Government
representatives on local state and national level; initiate instructions to field
offices in connection Ivith correspondence; processing Of letters dealing With public
relations general newvs media; requests and inquiries irom law enforcement
officials Government representatives and others in foreign countries; chronic mail;
and requests for publicaticns.
OFFICE OF LEGAL COUNSEL
SA James C. Farrington_
To assume formal liaison with the American Bar Association National
District Attorneys Associa National Association of Attorneys General,
Federal Bar Associati= and the American Law Institute. These functions formerly
handled by the Administrative Review Untt. Also research and preparation of legai
briefs in connectior with urgent policy matters (formerly handled by Research Unit).
~2 - CONTINUED
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NW 88608 Docld:32989609 Page 56
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tio ,
Cn ,
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Page 57
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Memo for Mr . Felt
Re: Reorganization of
TRAINNG DIVISION:
Section. Chief Miltor A:: Jones, Inspectors: BernardMLSuttler and
eorgc ZQ and SAs Lamrence J. Heim_ John H. Campbell_ Zdward H.
Gooderham
3
David L:' Divan; CarlI Hall; Louis: S: Lear;; Donald G Hanitg;
Rchert B. Daveuport, Robert C, George William Gunn and Fern C.
Stukenbroeker:_
To 288uine operations and maintenance of the FBI Library; preparation
and dissemination -of pamphlets-reprints and Felated material of Specialinterest
in law enforcement and the crime problem; coordination &nd compiiation of
material for presenting FBI operations and jwrisdiction to law enlorcement and the
public through movics television and other news media; and specialized research
and preparation of material in connection with memoranda requested by the
Director and other Bureau officials research for speeches.and policy statements
of the Director and analysis of articles and Staterelits made concerning the FBi.
These functicns were formerly handled by the Library Unit, Publications Unit,
Special Prcductions Unit &nd Research Unit.
Functions and Related Responsibilities:
Tya 3
Reference service to FBI oificials
2
employees = and athorities from ~ther
Government agencies and individuals authorized; maintenance 0 out-of~town telepho
cirectories covering Tnited States; preparation Qf memoranria for Directcr and
other Officiais based on revieiv of current periodicals
>
police journals 2nd scientific
magazines; prrchase and sale of books to Bureau employees and the maintenance
of the inventory and financial records pertinent to this project ana @eration of &
lending library to Bureau employees.
Liaison with the Government Printing Office; preparation &nd dissemination
of the FBI Lal Enforcement Bulletin (LEB); research for the Director's monthly
ennouncerent on an important phase of law enforcement or crime for each issue
of the LEB; requesting nd coordinating material 'from the field editing,
preparation and distribution of "The Investigator # preparation of "FBI Notes"=
preparaticn of Interesting Case Memoranda and maintenance of related indices;
and correlation and usage of FBI human interest items.
Monitoring movies and television for proper portrayal of FBI and maintenar
Of a running brief o developments pertinent to Bureau operatiors; surveys and
evaluations of matters fcr presentment to the public by information media;
day-to-day surveys of the media for consideration of the Director and Bureau
officials; custody and maintenance Oi recordings of the Director in connection With
policy statements or interviews with law enforcement or' other Government #gencies
custody and maintenance of the general and ficia]_Bureau photogr?ph file together
with indices; writing of radio and television scripts involving FBI fgitives and
23 - CONTNUED
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NW 88608 Docld:32989609 Page 57
Fay,
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Page 58
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Memo for Mr . Felt
Re: Reorganization .of
matters of FBI jurisdiction; distribution of Uniform Crime Reports Bulletin;
maintenance of: cartoq file illustrations depictitig FBI and feferenee fije ot mjs
quotes 'of Director in news media releases; monthly revjew Q FBI dissemination.or
information 'to the public
}
enforcement and autha ized individuals and
organizations,
Research and coordination of materials in connection with speeches _ by
line articles and-featire stores made-or , publtshed bythe-birector; preparation
"of memorauda concerning books oi 1w enforcement; reviewv &nd analysis of magazine
and newspaper manuscripts concerning FBI prepared by outside authors who request
FBI revietv forvaccuracy; compilation" f- data and narrative forin0f materiar
presented in thle FBI's Ajnual Reports; outlines and research for speech datz
requested by Bureau oflicials; maintenance of indices on research materials _
Supervision of Public Law 670 concerning misuse of the name of the FBI;
analysis of Yoiing American Medals Awvards; malltenance of feference files pertincrt
to FBI jurisdiction and law enforcement policies; reference files an sex Offenders
parole and prcbation violators, pornographic literature; supervision and statistics
concerning FBI speech program; and Supervisio and direction of Bureau juvenile
project.
ADMNISTRATIVE DIVISION
SA William H, Stapleton_
T0 assume supervision for special visitors on tours of Bureau facilities
meetings &nd photographs With the Director and all other tours conducted for visitors
to the Bureau Preparation of data on Bureau employees for publication in home
~
towvn newspapers aS recruitment aids These ftnctions forred y handled among
the Fugitive Fublicity Unit, Special Productions Unit, Research Unit and Tour Unit.
Fuctions and Related Responsibilities:
Handling and processing photographs and other matters for personal &utogra;]
of the Director; interviews_ testing_
}
lectures classroom denonstratious on ~the -job
training and supervision of tour lezders; fingerprinting individuals requesting to be
fingerpri nted in connection with Government employment security cleaiances
or
personal identificatioc; telephone inquiries relating to la(v enforcement _ National
Academy services and responsibilities of the FBI and background data regarding
the Director; maintain tour statstics of visitors and security of all tour areas;
prepare data O21 background and wvork functions of Bureau employees for arranging
publication in their home-toivn newspapers.
GENERALZINVESTIGA TIVE DIVISION
SAs Edwzrd J. Kilday, II, and Anthony Edward Schiappa
NWV 88608 Docld: 32989609 Page 58 0 4 - conttnttk' / } OTRr
1aw
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Mem? for Mr . Felt
Re: Reorganization of
Toassume White House-name checks and appropriate correspondence_
compilation of data, and preparation_of memoranda_ on individuais requesting Speciai;
tours or meetings With the Director; compilation of Jata' and preparation o1 backgiquni
memoranda' or dissemination to autiorized individuals; &nd preparation ol informatii=
memoranda pertaining_to organizations asking for data. . These functicns formerly.
handled by the Summary Memoranda Unit.
SRECIA:; WNVEStIGlfivEDIVISION
SA Thomas B Coll
To assumne overall responsibility for publicizing FBI fugitives through all
available media, prepare narrative and illustrative data for Ten Fugitive
Program, research and preparation of feature fugitive articles; preparation and
dissemination Qf material concerning fugitives maintenance:of special inclices
concerning distribution and cancellation of fugitive malerial to media; and conduct
intervielvs with persons making telephonic or personal calls to FBIHQ concerning
matters within the jurisdiction Of the FBI 01' 0f interest to the Bureau: These
functions were fornierly handled by the Fugitive Publicity Unit;
RECOMMENDATIONS:
1. That the Administrative Division arrange any necessary realignment
of Space and handle memoranda instructing transfers.
2 That recipient offices promptly survey clerical fuctions and
responsibilities and submit appropriate recommendations in connection with
any needed realignment of clerical personnel; also prepare updated organizational
charts .
3. That attached airtel to all Offices be approved.
~5 -
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OPTIONAL iokm No. i0 Jo1o-106
My 1962 {dijion
Osa Glri. K(o. No, 27
UNITED STATES GOvbR MENT
7
Memorandum
TO
MR. FELT
DATE:
12/18/72
FROM N. P. CALLAHAN
ALL WEORMATIONCONHANNBD
SUBJECT : SUPERVISORY REORGANIZATION OF 53zS
HeREMN
#ywlea
FUNCTIONS AND PERSONNEL;
CRIME RESEARCH DIVISION MDD (k
memo dated 12/14/72 from Mr. Walters to Mr . Felt the
reassignment f Special Agent personnel of the former Crime Research
Division to other Offices and Divisions at Headquarters waS set forth_ The
purpose of this memo is to establish what clerical personnel will be assigned
to each Office or Division_ This information is necessary to effect changes
in appropriate records.
For control purposes, each of the listed individuals should advise
of the clerical personnel needed to carry out the functions and related
responsibilities reassigned to the respective Office or Division_ Ail clerical
personnel assigned to the former Crime Research Division must be accounted
for _ Accordingly_ the listed individuals should consult with each other if'
there is any question concerning assignment, excessive or needed clerical
personnel, coor-
dinating information with appropriate Office representative
or Division head. Identities, positions and grades should be set forth under
the respective Office or Division_
Inspector James F_ Bland, Office of the Acting Director
Section Chief Gordon E. Malmfeldt; Office of thevActing
Associate Director
SA James C. Farrington, Office of Legal Counsel
Section Chief Milton A. Jones, Training Division
SA William H. Stapleton, Administrative Division
SA Edward J. Kilday III, General Investigative Division
SA Thomas B:'Coll, Special Investigative Division
RECOMMENDATION:
That the reassignment of the clerical personnel of the former
Crime Research Division be accomplished a8 set forth above with results
furnished to the Administrative Division s0 that appropriate records can
be adjusted:
"odoontside ioUrepared in Tespoase to Nour request and i9 not for dissemi-
outside your_Committee. Its use i limited to official proceedings by HoU ~Coamittee and the content ma nt be disclosed to uaauthooceeed
nel' without the express approval 0f the FBI personr
NW 88608 Docld:32989609 60
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MaY 1987 tdiioy
CI Gim [(c NO; 27
:UNITED STATES GOVERNMENT
Memorancuy
TO MR _ FELT DATE: 12/6/72
FROM L. M. WAL TERS
SUBJECT: SUPERVISORY REORGANIZATION OF CONTATNED
FUNCTIONS AND PERSONNEL; ALL
NFORMATTON
CRINE RESEARCH DIVISION
52ews
T9 55n814-
mYlc
PURPOSE: To recommend immediate supervisory reorganization and transfer
of al1 functions and personnel of the Crime Research Division based
on survey and analysis conducted by Inspection Division.
Recommended transfer of functions and related responsibilities together
with appropriate personnel as follows:
OFFICE OF ACTNG DIRECTOR
To assume supervision of contacts with the Congress , press and other
ECwS mcdic formerly hendled Assistant Director Bishon; his front office Agent
personnel and the Adzinistrative Reviev Unit (Corgressional liaison)_
Functions and Related Responsibilties:
Congressional liaison; Congressional correspondence; Congressionai
telephone ca progress of legislation of interest to or affecting the FBI; review
of bills and resolutions introduced into both Houses of Congress and all public
and private laws enaeted; and review and analysis of the Congressional Record.
Press radio, talevision and motion picture contacts; field matters concerning
press , radio and television; correspondence relating to an editorial or to.a commentatch
liaison with the White Eouse and Department press offices; review of editorials
and ar ticles; reviewv of magazines _ newvspaper clippings and Washington News
Service ticker items; news releases and press inquiries; SAC calls regarding_
press releases; press contact program; coordinate press matters of possible
future use from FBHQ Divisions:
Review statements and speeches by Director or
matters affecting major
public relations; invitations for speeches by the Director; assignment of speeches
to FBHHQ speakers; reviewv speech manuscripts.
Reviely material for publication_
>
first-name Salutation maii; matters critical
of,and complaiptsa6enEdix
28+
S @BTgalettersorer; esfosuz-eutogwaphed
2S
edbotegzanhs;
nation oitside gour Commitfze; Its #se*{S: timited t0: 0fficidl proceedingz byy
your" Committee ad the content may nut be disclosed tq unauthorired person
nel without the express approval of the FBI
CONTTNUED
L
OVER
NW 88608 Docld:32989609 Page 61
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Mr , Felt
supervisory Reorganf tion of Functions and
Personnel; Crime Research Division
special photographs in Director's Office; American Legion and veteran liaison
matters.
Recommended Agent _Transfer:
Inspectors James F, Bland, David W Bowers and Jack E. Herington.
OFFICE OF ACTNG ASSOCIATE DIRECTOR
To assume/review and analysis of correspondence received by the Director
and the FBI and preparation of replies to the correspondence] Formerly handied by
the Special Correspondence Unit (correspondence of special importance to Director
and Nation) and the Non ~Special Correspondence Unit (correspondence from the
public and requests for publications) _
Functions and Related Responsibilities:
Replies to correspondence regarding subversive activities and field divisions;
~file reviews and necessary research to determine identity and pertinent background
of the correspondent; file review and research necessary to reply to inquiries and
requests from private citizens law enforcement, Government representatives
on
local, state and national level; initiate instructicns to field offices in connection with
correspondence; processing of letters dealing with public relations general news
medin; requests and inquiries from lawv enforcement officials_ Government
representatives and others in foreign countries; chronic mail; and requests for
publications.
Recommended Agent Tra sfer:
Section Chief Gorda E, Malmfeldt and SAs Homer R. Hauer (Number One
Man) , Rakph W Engelmeier Marion S. Ramey, Paul L. Andrews
)
John W. Dalseg,
Robert C. Dean and Richard E_ White.
OFFICE OF LEGAL COUNSEL;
To assume formal liaison with the American Bar Association, National
District Attorneys Association National Association of Attorneys General,
Federa ] Bar Association, and the American Lalv Institute These functions formed y
handled by the Administrative Revielv Unit. Also research and preparation of legal
briefs in connection With urgent:policy matters (formerly handled by-Research: Unit)_
Recommended Agent Transfer:
SA James C. Farrington_
-- CONTINUED
~ OVER
~hw-88608_Docld:32989609_Page62
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J
for Mr . Felt
4
Supervisory Reorganization o Functions and Personnel;
~Crime Research Division
TRAINNG DIVISION
To assume operations and maintenance Of the FBI Library; preparation
and dissemination of pamphlets reprints and related material of special
interest in law enforcement and the crime problem; coordination and compilation of
material for presenting FBI operations and jurisdiction to law enforcement and the
public-through: movies ; television;nd: Qtherynews medias and specialized reseaxch:
and preparation Of material in conection With memoranda requested by the
Director and other Bureau Officials research for speeches and policy statements-
of the Director and analysis of articles and statements made concerning the FBI
These functions were
formerly handled by the Library Unit, Publications Unit,
Special Productions Unit and Research Unit.
Functions and Related Responsibilities
Reference service to FBI officials e mployees_
9
and authorities from other
Government agencies and individuals auth orized; maintenance of out-of ~town telephone_
directories covering United States; preparation Of memoranda for Director and
other officials based on review of current periodi cals journals and scientific
magazines; purchase and sale of books to Bureau employees &nd the maintenance
of the inventory and firiancial records pertinent to this project and operation of ?
lending library to Bureau employees.
Liaison with the Government Printing Office; preparation and dissemination"
of the FBI Law Enforcement Builetin (LEB); research for the Director's monthly
announcement on an important phase Of law enforcement or crime for each issue
of the LEB; reques and coordinating material from the field, editing,
preparation and distribution of "The Investigator M1a preparation Of "FBI Notes";
preparation of Interesting Case Memoranda and maintenance of related indices; and
correlation and usage 'of FBI human interest items.
Monitoring movies and television for proper portrayal of FBl-and maintenance
-Of a running brief on developments pertinent to Bureau operations; surveys and
evaluations o matters for presentment to the public by information media;
day-to-day surveys of the media for consideration of the Director and Bureau
officials; custody and maintenance of recordings of the Director in connection With
policy statements or interviews With law enforcement or other Government agencies;
cust and maintenance of the general and Official Bur eau photograph file together
with indices; writing of radio and television scripts involving FBI fugitives and
matters of FBI jurisdiction; distribution of Uniform Crime Reports Bulletin;
maintenance of cartoou illustrations depicting FBI and reference file on mis
quotes of Director in news media releases; monthly revielv o FBI dissemination of
information to the public , law enforcement and authorized individuals and organizations]
~3 - T
CONTNUED
~
OVER
NWV 88608 Docld: 32989609 Page 63
police
sting
ody
file ,
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Page 64
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smo for Mr. Felt
je; Supervisory Reorganization of Functions and
Personnel; Crime Researen Division
Researeh "and coordination & materials in connection with speeches by:
line articles and feature stories made Or published by the Director; preparation
of memoranda concerning books on law enforcement; review and analysis of magazine
and newvspaper manuscripts concerning FBI prepared by Outside authors_who request_
FBl review for accuracy; compilation of-data and narrative form of material
presented in the FBI's.Angual Reports_ outlines and research for speech data_
requested by Bureai officials mainfenanee of fndiees on research iateriais
Supervision of Public Law 670 concerning misuse of the name of the FBI;
analysis of Young American Medals Awards; maintenance of reference files pertinent
to FBI jurisdiction and law enforcement policies; reference files on sex offenders ,
parole and probation violators_
3
pornographic literature; Supervision-and statistics
concerning, FBI speech program; and supervision and direction of Bureau jvenile
project.
Recommended Agent Transfer:
Section Chief Milton As Jones
2
Inspectors Bernard M. Suttler and George T_
Quinn and SAs Harold P. Leinbaugh_ Lawrence J. Heim, John H. Campbell,
Edward H. Gooderham; David L. Divan
1
Carl J. Hall, Louis 8. Lear Donald G.
Hanning, Robert B. Davenport, Robert C. Fay, George William Gunn and Fern C_
Stukcabrczker .
ADMINISTRATIVE DIVISIQV
To assume supervision for[Special visitors on tours of Bureau facilities
meetings and photographs the Director and all ther tours conducted for Visitors
to the Eureau / Preparetion of data on Bureau employees for lication in home-
town neivspapers as recruitment aids. These functions formed y- handled among
the Fugitive Publicity-Unit, Special Productions Unit; Research Unit and Tour
Unit,
Functions and Related Responsibilities:
Handling and processing photographs and other matters for personal autograph
of the Director; interviewvs tes ting, lectures
}
classroom demonstrations on -the -job
training and supervision of tour leaders; fingerprinting individuals requesting to be -
fingerprinted in connection with Government employment, security clearances or
personal identification; telephone inquiries relating to laiv enforcement, National
Academy, services and responsibilities of the FBI and background data regarding
the Director; mjintain tour statistics of visitors and security of all tour areas;
prepare data on background and work functions of Bureau employees for arranging
publication in their home-towvn newvspapers.
4- CONTINUED
M
OVER
NW 88608 Docld:32989609 Page 64
with
pub_
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Page 65
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)
for Mr. Felt
Supervisory Reorganization of Functions and
Personnel Crime Research Division
Recommended Agent Transfer::
SA William H Stapleton
GENERAL NVESTIGATIVE DIVISION
To assume White House name checks Jnd: appropriate correspondence
compilation f dafa;and,preparation;of;memoranda on,individuals_requesting speciak_
tours or mee With the Director compilation of data and preparation & backgrouna
memoranda for dissemination to'authorized individuals 'and 'preparation of informative
memoranda pertainn g to organizations asking for data_ These functions formerly
handled by the Summary Memoranda Unit. (In years these functions Were
performed in Name Check Section of General Investigative Division:
Recommended Agent Transfer:
SAS Edward J. Kilday, II, and Anthony Edward Schiappa
SPECIAL INVESTIGATIVE DIVISION
To assume bverall responsibility for publicizing FBI fugitives through all
available media, prepare narrative and illustrative data for Ten Fugitive
Program;
research &nd preparation of feature fugitive articles; preparation and
dissemination of material concerning fugitives} maintenance of special indices concerni
distribution and cancellation Of fugitive material to media; and conduct interviewvs with
persois iaking telcphonic % personal calls tc FBJEQ concerning matters Within: the
jurisdiction of the FBI or of interest to the Bureau: These functions were formerly
handled by the Fugitive Pulicity Unit.
Recommended Agent _Transfer:
SA Thomas B. 'Coll
OBSERVA TIONS
Agent personnel and supervisory functions have been analyzed and dealt with
in the foregoing proposed reallocations; clerical functions have not: It is suggested
that clerical functions and personnel noy simply move with the_Agent desks and
units to which they aie attached; Questions of space als0 have not been covered
and it is readily apparent that a substantial portion of the functions and personnel
suggested for transfer to Training Division might feasibly operate at Quantico
{e. g. Library, Special Productions and Publications Unit)_ Five units of Training
Division are nowv located at Headquarters and the Research Unit of Research' and
Service Section proposed herein for transfer to Training Division_
)
likewise should
remain at Headquarters. Accordingly__SA Har old_P Leinbaugh
22
formerlyin the
Front Office of Crine Research Division, has been proposed for_transfer to Training
Divisionl in order to act; during this transition_peiiod 2s 2 special coordinator
of functions that_may be divided between Headquarters and Quanticoz
The questions of adequacy of clerical personnel, space reallocation, and
G818cBXP88.ynitsayd to Quantico demaad greater study and inasmuch
NW
etings
past
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JGfunctions
==================================================
Page 66
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Jior Mr. Felt
Bupervisory Regrganization;f Fuctionsend Personel;
Crime Research Divigion
as Training Division is scheduled for regulat annual inspection next week "these
mattez:WiIl be gone into in depth in connection Vith that inspection and coordinated
consultation With Administrative Division; It iS the purpose Of this merorandum
in effect the desired transfers of functions among affected Divisions in
to promptly
for immediate routing-of mail and upper level review and
srderVic _orovide eovornneddtet (utinguofs ere viouspeomeoging Ccime Research
supervision:
Division.
RECOMMENDATION:
That transfers a8 outlined herein be approved:
54
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Page 67
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ADDENQUM OF W.V. FELT 12-6-72 WNF:crt
'Thig-appears logical:and ieasible: J,snagsdeyelop: Wecam
readjust _
Iagree that the Research and Service iunctiona Thich wil remain
under Section Chief Milton A; Jones, should be reassignied to the Traiiing
Division.
Ido not believe that this Section ghould be transierred to Guantico,
however , because there
ig daily need for accesg to files and.other material
at Headquarters and occasional contacts with the public; Furthermore, there
is no available gpace at Quantico except in the Library Building Accordingly ,
[recommend that the FBIHQ Llbrary be moved into the Library Btiilding at
Quantico.
We would need to retain at FBIHQ the telephone directories and
encyclopedias which are_used on & daily bagis by other Divisions;_ The
space into Thich the FBIHQ Library Was to have been moved in the 9th and D
Building can be used and in fact is badly needed by the Domestic Intelligence
Divigion which is very crowded.
I recommend that you approve now the transfer of functions and
that any neceggary realignment of pergonnel be considered by separate
memoranda.
NW 88608 Docld:32989609 Page 67
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1 Mr . J. B_ Adams
1 Mr . J. A. Mintz
1 I . W. RS Wannall
The Attorney General June 17, 1975
1 1
Mr _ W_ 0 Cregar
Director FBI 1 Mr . S. F. Phiilips
9
U_ S. SEEYATE SELICT COMTIITTEE TO
STUDY GOVERIIMENTAL OPERATIONTS MITH
ALL INFORMATION CONTAINED
RESPCCT TO ITELLIGENCE ACTIVITIES
HEREIN IS UNCLASSIFIEC
;TEZZv &1 BS(Jilu
Enclosed for your informtion is the original
of 2 menorandun concerning an interview by a Staff Member
0f captioned Committee 0f retired FBI Special Agent
Ernesc H_ Belcer _ copy of the nemorandun i9 also enclosed
for forverding xo Mr James 4. Vilderotter, Associate
Counsel to the President .
Enclosures
U 2
62-116395
1 e The Ceputy Attorney Ceneral
Actencion: K. Fillien 0' Connor REC- 102
Special Counsel Eor
Intelligence Coordination_
02 . I(l: | ~Oglo
1 7 67 - (Personnel File Former SA Ernest H. Belter
1 L
100-106670 (Martin Luther Jr.)
SFP:lhb Ihb
0p4
3 JUL 2 1975
(11)
0
Rana
Assoc. Dir.
Dep. AD Adm:
2 #
AD Inv.
Wix
Asst. Dir.:
Admin.
Syst,
Ext. Affairs
Files & Com.
Gan; lav.
Yp^
Inspection
Intell_
83
Loboratory
Plan. & Evol:
Rer
Spec. Inv
Troining
Legol DOc
Tele phone
Director Sec' Y VMAIL ROOM TELETYPE UNIT GPO 1975 0 569-920
886b8
pbeld 9759609 Page 68 V w.0 .
48395"
6671
King,
Rt u
~ku
1eU No
0l'+
puppd ; tlle /
&lw Dep.
Comp.
Rwj
Rmy
==================================================
Page 69
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,1_ ^
70
J. Ba Adans
J, A. Mintz
N
F; & Gezall
S. F_ Phillips
62-116395 June 17, 1975
0 . S. SEIMTE SCLECT CORSIIITEE TO
STUDY COVEZTTEELITAL OFZRATIOIIS TITH
RZSPzCT TO LYTCLLIGEECE [CTIVITICS (SSC)
RE: ITRRVICI 07 RCTTRCD FBI
RESFZCIAL AGCZI (84) ENMEST #,
BELTER Dy 58C STAFY MEZNE
2.75-&1 Sp-JmmI
beza2
O2 out: beloy {g infortation voluntarily furntchad
#c _ Ecltor to &ho FBI On Junc *l, 1975. Bolter served
in the TBz 09 Qn SA Erom 19 , 193, uncil hic recirccent
On Jonuory 29 , 1973 .
On Junc 10, 1975, Beltor 1os contacted by SSC
Scaff Lenber Michael Epstein wo roquestcd to Intcrvicrt
Belter at the SSC ofzice. On June 1l, 1975, Eeltor Tzag adviced
by Epstein that tha intervic1 ould concern artin Lachacr
Jr.9 And FBI covezage 02 at che Tillard Hocel in
Dashington, D, BO1o yoor8 #go ond that the Intcrvierz
vould cckce place at 3:00 P.n. ehot June 1975
Beltcr 1og intcrvlorzad by Epstoin in S8C quarters
curing the 02 4pproricately 3:00 p.n; to 3.40 P.n.
On
June 1l,
1975riod]
The intervict Tjod not undcr Qath and vas noc
Mursuont tQ 0 subpocra. Tle dotoilo 0f tho interviert ore
sot out balorz, not ncccosarily in clronological ordor
Assoc - Dir.
Bolter ts aded &nd furnished che 02 *ime
Dep. AD Adm: _ ho hod servcd in thc Kachington Ficld OEficc
Riood
02 the FBI
Dep. AD Inv.
Asst. Dir.: and te dote 02 hic rotirozznc. Ilo To8 nsked furnishea
Admin.
Comp: Syst.
information a8 to hig dutiag in IIO &c the tinc he rotired
Ext. Affoirs Tat Iere in 1964 . He inzorned Epscoin that ne Fos
Files & Com.
Gen. Inv.
the Suporvisor of 4 Sqund tzhich handled clcctronic gurvoillences
Ident .
including both nicrophonc and telcphonc survcillanccs. [ncn
Inspection
Intell.
Loborotory
67 - (Personnel File Former SA Ernest H. Belter
Plan. & Evol: 1 100-106670 (Martin Luther Jr.)
Spec. Inv.
Legai Goun
SFP:lhbIh '810)
SEE NOTE PAGE .5
Telephone Rm.
Director Sec' Y MAIL ROOM TELETYPE UNIT GPO 1975 0 569-920
NW 88608 Docld:32989609 Page 69 16.%75
24j Y1
by
July
Kinza ring
C.,
dpy , 11,
~
and
ond they
King,
'kk)
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Page 70
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SEITATE SILECT COLMITTEE ON INTCLLIGEICE ACTIVITIES (SSC)
REt ITTERVIE:Y Oz RETIRED FBI SA BY SSC
hc wes asked hot many men Torked under him on his Squad, ha
told Epatein that ha desired to consult vith the FBT
rapresentetive Tho had eccompanied htm to the incervicv but
who 1a8 not present auring the cccual Intcrvie:t, that
repregentative renaining in an outer lobby of che SSC qunrtors.
Belter requested this consultation privilege 8s he believed
the question Tas outside tha indicated Scopc 02 tho interviarz.
Epstein Indicated he was nithdrating tho qucgtion, thus
elininating the necessity for tlla consultation.
Belter we8 questioned and furnished infornation
concerning the organization 0f MEO, from the Special Agenc
in Charge down to the squad Level. Belter indicated that
there werc several squads handling crIninal casc8,
Eone
handl opplicant-typa Invegtigetions, and other squods
handling security work. Fe indicated that the security squads
Tera under 8 Becurity coordinator, Luatlg I. R, Oberndorz,
now deceased.
Epstein advised Belter that the SSC Stoff had
read Belter 9 deposition in the llalperin case. (Morcon H.
Halperin, et al, VS _ Henry 4. Kissinger _
1
et a1, United States
District Court Digtrict of Coluubia Civil Action File
Eumber 1187-73,) On the basis of the dcposition, Cpstein
indicated he was familior Vith the adninistrotive procedurc
for instituting telephone surveillances &nd asked Belter
about the adninistrative procedures for instituting microphonc
surveillances _ It was Belter S rcply that tho adninistrative
procecures Tere
cxsentially the Sanc for both types of
surveillances .
Epstein then had Belter recite the procedure fron
Then an 84 would request fron FBI Headquartcrs by form lettez
ouihority for installing
8 nicrophone surveillancc. Belter
told hov the Headquarters would first authorize the field to
2 0
NW 88608 Docld:32989609 Page 70
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SENATE SELECT COMMITTEF ON INTELLIGENCE ACTIVITIES (SSC)
RE : INTERVIEW O7 RETIRED FBI SA Bx SSC
conduct 0
feasIbIltty
surveY , results of which would be
furnLehed Headquarters . Thereafter 1f the Installatlon waa
feeelble and JuetIfled, Headquartere would authorige by
correepondence the Installaclon. Epstetn asked whether the
authorieing commaunIcatlon from Heedquarters would nention
that the Attorney General (IC) had authorIzed the surveLllence .
Belter told EpatoIn that In recent years he belleved that the
Buureau conmmicatton authorLeIng 0 jurveIllence would Indicate
that the AC authorIzetlon had been obtalned; but Belter could
not] recell whether or not thts Indlcetton wa8
ehown during
1964
0
Belter eleo told Epsteln that at one tLee he thought
that forwer FBT Drector Hoover did not need to have AC epproval
In advance for "PrClflc nLcrophone survetllance_ Epatetn
Indicated he Va8
already avare Of tht8 .
Epatotn then Inqulred concerning 0 @Lcrophone
survelllance whtch the FBI bad Inatalled at the WIllard Hotel
In Haebtngton, D. concernIng Klng _ Belter waa unable
to pInpotnt when thls occurred and told Epeteln that
Belter
9 wab bypassed In practIcelly all metters relat= to
thie purveLlance _ The antLre mtter web handled by Security
Coordinator Oberndorf and Belter never sew_Any of the correspond-
ence relating thereto. Belter wa8 asked to furntah gome
support_Personnel from hts Squad for the purpobe of ponltor:
tbe burve1llance . In responoe to further specLfIc QuestLons)
Belter advLBed Epotetn that he dtd not see any correspondence,
1og8, tapes, or any other naterial relatlng to thls surveIllance
Epstetn Inquired ebout the procedue 0f an Inspector
eheckIng on euch 0 survelllance at the tIne of 0
PerIodic
Inspectlon of WEO. He asked Lf the Inspector would exanine
the requtred correspondence relatIng to 4ll mLcrophone
survelllances the offIce had conducted_ Belter roplled that
an Inepector vould look over natter8 of this nature but that
3
NW 88608 Docld:32989609 Page 71
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be,
ng
only
Ing
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SENATE SELRCT COMMITTEE ON INTELLIGENCE ACTIVITIES (SSC)
RE : INTERVIEW OF RETIRED FBI SA BI SSC
Ln] the Cabe of the ntcrophone survelllance, a8 wIth
certaln other extremoly BensItlve ones, Oberndorf would have
poadesston of tbe correspondence end Belter would be unaware
of any exantmtIon of such correspondence by an Inapector _
Bolter explalned that thte Wab Part] of the securlty precautions
taken In htghly sensLtIve natters which were restrIcted
#IthIn WrO to 4 need-to-know basfs.
Epsteln Inqutred 88 to whether Belter knewv of any
other mLcrophone survelllance on In the WeahIngton, D.
aree at eny tlee and Belter replLed that he did not know Of
any Belter was axked 1f he wab atjere of any Intereet or
partIcLpatIon by tha WaahIngton, D , C., PolIce Departnent In
the nLcrophona jurveI]Lance at the WIllard Hotel and he
responded that he was not aware Qf 8amo ,
EpsteIn Inqulred 08 to the actual Ingtalletion Of
the @Lcrophone survetlLance at the WIllerd Fotel and wented
to know who perforued the Instellatton . It we8 Belter 9
recollectlon that the Installatlon vea made by SA WIlfred
Bergeron, probably ee8tsted by S4 WIlIIam D. Compbell _ Epstetn
volunteered the nare Of S4 RIchard Suter and thls rafrebhed
Belter 9 recollection to cha extent that Belter IndIcated that
Suter also probably as81oted_ On Epstetn' 8 Inqutry 48 to the
whereabouts of these three IndlvIdualb Belter advised that
Bergeron 1s retired reeIdLng In Bathesda, Maryland; Cempbell
18 4881gned at FBI Headquarters; and Suter 18 a88Lgned to the
Houston Fleld OffLce.
Epstela Inqulred whether Bergeron nentLoned 8
nane when Bergeron a6ked forau81etance of]buppott Personnel
for monltorIng purposes andBelter replLed that
9 nabe
was Dentioned_
At the close of the Intervlew , EpsteIn rerarked thet,
"'We may be In touch wIth you agaIn. 61
NW 88608 Docld:32989609 Page 72
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King C.
KIng
King
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SENATE SELECT COMITTEE ON INTELLIGENCE ACTIVITTES (SSc)
RE: INTERVIET OF RETIRED FBI SA BY SSC
NOTE:
Prior to Belter' s interview, he contacted FBIHQ
to alert uS and ask for assistance in the form of an SA for
possible consultation purposes _ Belter had been previously
alerted by our Baltimore Office, pursuant to Bureau teletype,
that he might be contacted by the SSC and that we vould assist
hin on his request, Belter was therefore appropriately
briefed by Assistant Director Mintz; as well as Supervisor
S _ F _ Phillips of INTD who accompanied Belter to the interview _
Debrief of Belter as reported herein was
by Phillips _
5
NW 88608 Docld:32989609 Page 73
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SEE instructions On REVERSE
7 + } CLAsSIFY As APPROPR !ATE BEFORE COMPLETING_
TO: Intelligence Comunity Staff FROM:
ATTN: Central Index FBI
SUBJECT: Abstract of Information Provided to Select Committees
How PROV [ DED check appropriate term. I f documen t was made availabl e 2 DATE PROV !DED
for review but not transmitted s0 note,) 6/17/75
DOCUMENT BR IEF iNG 3 INTERVIEW TESTiMONY OTHER
3 To WHOM PROV [DED (check appropriate term; add specific name$ if appropriate)
SSc
The Attorney Generel with 8 Copy for forwarding to
the White House
HSC
DENTIFICATION (provide descriptive dat a for document s; give name or identi fication numbef 0 f briefef ,
interviewee testifier and subject)
Memorandum reporting results of an Intervier by 4n SSC Steff
Member of retired FBI Special Agent Erneet H. Belter
5 In RESPONSE To (Tist date and item number i f in response t0 formal request other- 6 . CLASSIF ICATION 0F
wise state verbal request o f ( name) initiative , subpoena , etc.) INFORMATiON enter
U , C, S , TS or
Codeword)
NA U
KeY WORDS (enter the appropriat e words from the List provided separately; if words not listed are
used underline for emphasis)
Intelligence collection Survetllance
Intelilgence activittes, domestia
Organlzation end staff
8 SUMMARY (see reverse side before completing this item)
Interview covered following topics:
Forner FBT Investigetion 0f Martin Iueher Jr
Orgenizatlon Of the FBI Washington (D. C.) Field OEEice,
Adminlgtrative procedures of FBI regerding electronic surve:llance_
3
TREAT DS EELLOH
5
SFPElhb ORIGINAL VIA LIATSON TO CENTRAL COMMUNTTY INDEX IN
(4) CONNECTION WTTH SSENSTUDY 75 _ LF 7-2-78
CLASSIFY As APPROPRTATE 379| (6-75 )
NW 88608 Docld:32989609 Page 74
key key
1ng
Ringy
FAt
ITORHATION
STRVINE
CONTATNED hUA ENT@ 5Tzo
==================================================
Page 75
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INSTRUCTIONS
Type or print clearly in ink.
Indicate classification of the abstract and bottom _
Date the abstract and put on any internal control numbers required.
"FROM" entry should clearly identify the organization providing the
information.
If additions (as when a copy of document sent to SSC is later sent to
HSC) or changes to a previously submitted form are necessary, submit a
copy.of the original abstract, with the change 'indicated_
SPECIFIC ITEM NO . 8_ SUMMARY enter brief narrative statement describing
substance of information and showing relationship to Intelligence Comunity
matters if appropriate_ feedback or evidence of investigatory interests
should be noted_ Commitments made to supply additional information should be
noted_ Additionally, certain administrative information may be entered here,
e.g. , restrictions on review of a document , if document was paraphrased _ whether
interviewee is current or former employee, etc_ If actual document or transcript
is provided, that fact should be noted and no summary is required_ Additional
pages be attached if necessary.
NW 88608 Docld:32989609 Page 75
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Any
iay
(tcs
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Page 76
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2 4 Lr . J. A. Hintz
(1 3 Mr , J. B. Hotis)
1 Mr . W. Ra T7anna11
Hr . A. Na Rassett
Tho Attornoy General June 12, 1975
1 Mr _ J . Cochran, Jr .
Director , FBI 1 5 Mr _ WT . 0 Cregar
1 Hr . T, E. Burns
UNITED STATES SENATz SELECT CCMITTEE
ONT ~INTEELLIGENCE ACTIVITIES (8SC)
By letter dated May 14, 1975, with attached
appondices_ tho SSC rcquested certain inzornation and
documents Zrom the FEI
Enclosed for your approval and forwarding to
{
the Comjittec is tho original 0f 2 Eeporandurl containing
2 regponse to one 02 the Corinittce'8 requests_
copy 02 this Domorandun is being furnished
for your records_
ALL MBORMATION CONTAINBD
8
Enclosures
Der 2 ZEREIN 32 SIS?T
3an5EEup
QATA
62-116395
MBp-lb
1 4 The Deputy Attorney Genoral
Attention : K= Millian 0'Connor
Spacial Counsel for
Intelligence Coordination
TEB:dnt
(11) REC
AB
62. 116315-295
Assoc. Dir .
Dep. AD Adm.
Szlz_
AD Inv.
3
Asst- Dir.:
Admin,
Syst.
3 JUL 2 1975
Ext. Affairs
Files & Com.
Gon. Inv.
L
Ident.
Ins pection Ru
Intell.
Laborafory
Plan. & Eval_
Spoc. In=
Tra
LeqaL Cow
Telephonc Rm.
Dircctor Sec'y MAIL ROOM TELETYPE UNIT {hi() %3+-74$ WNLe8g00_Eclag2589609 Page 76
4
102
8
ECLOS4G
Dep.
Compa
8
3
-8
ining
==================================================
Page 77
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2 5 Mr . J. A . Hintz
(1 G Kr . J, B. Hotis)
W . R. Rannall
N_ Basgett
I6
#;
0 Cregar
T. B_ Burns
62-116395 June 12 1975
1 4 Mr . J . Cochran, Jr .
UNITED STAICS EraT3 8RLBCT COMUITTEB
To BTuDY_CovbrMNTAL_OPERATIONS VITH
BESRCCT TO INTBLLIGEXCB ACTIVITIES (SSC)
BB : WRTEER DOCUA NTB PBRTA INING * TB
TBI And_ DBrAbttnt OF JUSTICB
POLICIS AND_PROCEDURES
Roference 13 nado to 88C lotter dated Kay 14, 1075,
FIth attached appondIcer, requoetAag cartal docunento and
Other Inforgation Iron tho PBI .
Purouant to your roquebt In Appendsx B, Part I,
Itea for guldolInee uod by tho FBI InapectIon Dlvlofon
for Inapact_ng IIeld oKficaa and Ior Inoract Ang DIvlaJone
O8 tho FBI, V8 currontly bavb such mterjel ava Ilablo for
rovler 4t FBI Hoadquartere by #PPrOprIatoly Olearad personne]
of tbe ConaJttee ,
1 - The Attorney Coneral
TEB:dmt ALL WPOLMATTON CONTANNED
(10) Irrwd
NOT:
DATB
TEn-Zohy
See A. N. Bassett memorandum to Mr _ Rannall June 2 ,
1975 , captioned "Senstudy 75 0} wherein the Inspection Division
advised it has no objection to a revlew of the field and
Assoc. Dir
Dep. AD Adm.
headquarters inspection manuals by members of the Committee
Dep. AD Inv
staff provided the review 1s conducted in FBI space with an
Asst. Dir : Inspection Division representative present When 8SC review
Admin,
Comp. Syst.
is requested, we will have the Inspection Division representative
Ext. Affoirs make the manua18 available .
Files &
Gen. Inv
Ident
NOTE CONTINUED PAGE 2
Ins pection
Intell,
Laboratory
Plan. & Evol_
Spec, Inv_
Training
Legal Coun;
Tele phone Rm
Director Sec Y MAIL ROOM TELETYPE UNIT ;;:'() ,,71.*
NW 88608 Docld:32989609 Page 77 1 ! [ - | .
195
7,
Yin
Com.
wku) 'iMr
ENCLOSURL
==================================================
Page 78
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UNITED STATES SENATE SELECT COMITTEE
To STUDY GOVERNMENTAL OPERATIONS WITH
RESPECT TO INTELLIGENCE ACTIVITIES (SSC)
KOE CONTINED:
The TBIHQ and field inspection manuals were revieried
by Special Agent (SA) Thonas E. Burns , Jr . Deternination to
Eurnish Questionable #ield inspection manual sections concerning
PROSAB (Section 4 J 2.), AFSAM (Section 5 & 10.) and BUPLANS
(Section 5 P.) was coordinated with IS 5 2 (S4 Edward P_ Grigalus)
and IS F 3 (SA' Bussell IS Horner) of the Intelligence Division
and tbe Laboratory Division, Cryptanalysis Unit (P . T _ Paddock) ,
and it was ascertained there is no objection to 2 Committee
review of these sections
8 2 -
NW 88608 Docld:32989609 Page 78
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Page 79
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5-140 (Rev. 1-21-74) FEDERAL BUREAU OF INVESTIGATION
WASHINGTON, D: C. 20535
Aldressee:
Senate Select Committee
LTR LHM Memo Report dated
6-12-75
U.s_ Senate Select Committee: Re : Policies
(aption of Document: and Procedures
Office- FBI
Diared by: _
4 Eegliu
Date: LL
9z8
eived by:
2
Title:
Oxyy
Return this receipt to the Intelligence Division, FBI
TAEEMORMATIQN CQNTATNZD)
EerBN
DATE
133 92 STKPZALL
BY
TD-1
NWV 88608 Docld:32989609 Page 79
Cinating
==================================================
Page 80
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'TE: SEE instructionS On REVERSE
CLASSIFY As APPROPR IATE BEFORE COMPLETiNG_
TO: Intelligence Comunity Staff FROM:
ATTN: Central Index Federal Bureau o€ Inveet_gation
SUBJECT: Abstract of Information Provided to Select Committees
How PROV | DED (check appropriate term . 1 f document was made availa6fe 2 DATE PROV |DED
for review but not transmitted S0 note. ) 6/12/75
7 DOCUMENT BR IEF ING INTERV IEW TEST Mony OTHER
For REvtEw
To WHOM PROVIDED (check appropriate term; add spec i fic names if appropriate)
sSC Sherry Towell, Assistant OEEice Manager
HSC
IDENTIFICAT|On (provide descriptive dat a for documents; name or identification number 0 f briefef ,
interviewee , testifier subject)
Further Documents Perteining to the FBE and Departuont of Justice.
5 IN RESPONSE To (fist date and item number i f in response t0 formal re quest , other- 6 _ CLASSIF ICATiON OF
wise state verbal re 'quest 0 f (name) initiative , subpoena , etc.) INFORMAT [ON enter
U , C, S TS or
Codeword)
SSC letter 5/14/75; Appendtx B, Part 1, Ztem 7. 9818}8
KEY WoRDS (enter the appropriate words fcom the list provided separately; if key words not isted are
used underline for emphasis)
OperetIng Procedures
SUMMARY (see reverse side' be fore complet ing this item)
At the request o2 SSC, matertal contetning the gudel _nes
used by the FBT Ingpection Dlvieion for Inepecting varlous aspects
OE tka Eureau operatIons has been made evazlable at ZBIHQ Eor
review by SSC nembers .
ALZ IFORMATION CONTAINND
EREIN IS EVSLAS95e2AUt
DATE L2Eeg Bx
YS | 6
TREAT AS YELLOH
62-116395
TJM:lhb ORIGINAL VIA LIAISON TO CENTRAL COMUNITY INDEX IN
(4) CONECTTON WITH 'SENSTUDY 75 _ LFS 7-2-)5
CLASSIFY As APPROPRTATE 379| (6-75 )
NW 88608 Docld:32989609 Page 80
give
and
key
'9
Mo
5-Tn
==================================================
Page 81
==================================================
INSTRUCTIONS
Type or print clearly in ink.
Indicate classification of the abstract and bottom_
Date the abstract and put on any internal control numbers required.
"FROM" entry should clearly identify the organization providing the
information.
If additions (as when a copy of document sent to SSC is later sent to
HSC) or changes to a previously submitted form are necessary , submit a
copy of the original abstract, with the change indicated_
SPECIFIC ITEM NO _ 8 . SUMMARY enter brief narrative statement describing
substance of information and showing relationship to Intelligence Community
matters if appropriate. feedback or evidence of investigatory interests
should be noted _ Commitments made to supply additional information should be
noted_ Additionally, certain administrative' information may be entered here,
e.g. restrictions on review of a document if document was paraphrased _ whether
interviewee is current or former employee, etc_ If actual document or transcript
is provided, that fact should be noted and no summary is required_ Additional
pages may be attached if necessary.
NW 88608 Docld:32989609 81
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FEDERAL Buk Au OF INVESTIGATION Dir:
COMMUNICATIONS SECTLON Dep.-A.)
Dep:AD-Inv
Dir::
Jun60114_ Adrain.
Syst;
MDZ9 TP CODE
TELETYPE Files & Com;
Gen. Inv.
Ident:
583 PM NITE JUNE 1975 JMM Inspeetion
To 3 D IECTOR (62~1 16395) 'Laboratory
Plan & Eval
Spec Inv. TROM; TAMPA (@5-@ [421)
SEMST WY 75 , Telephone Em
Director_Secy
RE BWREAU NITE JunE: 2 8, {9 75 ,
JAMES E; MC Mahon , 3+1D CocOs ROAD , TamPa , PLORIDA 33618,
and]0 IRECTOR 0F SECWRITY
9
GEWERAL TELEPHDNE CompANY , TAMPA ,
ORIDA , WAS .@oNTACTD Om JUNE 32, 49 75 , AND AD VI SED 0F THE
2
6
M ENTS 0F REFERENCE BUREA U NITEL . MR ; MC Takn ADVISED
IF-HE is COMACTED By THE SENATE SELECT COMMIIIEE HE
F
WoULD IMM@ IATELY MOTIFY THE SAC OF IH TAMPA OFFI CE ANd
QLL QNACL; THE;LEGAL 0 UNSEL DIVISION To ASSIST HIM 'To 8
HIS OBL IGATJONS" As To CONFIDEN IAL Iy 0F FURWISHING INFo RMAT IoN
ACQ UIRE AS An FBI EMIL OYEE .
EN)' AtL INEORMATTON
EREIN IS
CONTAINTSD
HOLD DATE
34052042
hblb
REC: 102
6z -//6 324-293
@U:
UL 1476
61'
5
NR 88684l32e1d.39989609 1976.
Page 82
Assoe
D-Adn~
Asst:
Coep.
Ext: Affairs
30 9 .
Intell:
71k
Training
Legal Coun.
As
1
( -
==================================================
Page 83
==================================================
JERAL BunLAU OF INVESTIGATIQN Assoc Dir:
amunicationS SECDHON Dep.-AD-Adm
Dep.AD-Inv _
Asst Dir::
Jun 0 Atlinin:
'C ,np. Syst. 0
Ieoa8 CG PLAI M TELETYPE Eat, Affairs
Fil 8 & Com:
Gen. Inv.
6*15PM] NITEL 630/75 EMM Ident:
Inspection
TO DIRECTOR (62-146395) Intell:
Lajaratory
Plau & Eval Rrom CHICAGQ (62-6214) Spee: Inv.
'Tr:
Legal Coun:
ALL INBORMATION CONTAINID Telephone Rm
FBREWN Dirertmr Secy SENSTMDY 75, BY
Mfe-Wo
REBUTEL JUNE 28, 4975 .
Sa 'JOHN Ra BASSETT , CHICAGO DI VI SFON, HAS BEEN .ADVISED
o
CONTENTS 0F REBUTEL ; HOWEVER, IT IS POINTED OUT IO THE
BUREAU ThAT SA BASSETT HAS BEEN DISPATCHED To PINE
GRiDGE , SoUtH DaKOTA , TO ASSIST.In BUREAU SPECIAL RESMURS.
#o
ATATHIS TI CHICAGO HAS No IDEA WhEN SA BASSETT MAY
RETURN.
ABOVE FOR INFORMATION OF BUREAU In EVENT THEY MAY
DESIRE TO aDVISE SENA TE SELECT CO MMI TTEE QF SA BASSETT' $
PRESENT UNA VAILABILITY.
(2_-[/64395-292
End
JUL 2 1975
HoLD
Yp fw
5'
JUL 2 1975
W 88608_Docld: 32989609 Page 83
52,74 QhY
jnlng
DATE I1?
ME,
REG 102
1053
[(8oem
CC: 61-
8 4
==================================================
Page 84
==================================================
OPTIONA fORM No. 10 5010-106
MaY 1962 Edition
GSA GEN: Reg. No. 27
UNITED STATES GO EERNMENT Dir .
Dep. AD
Abik_ Memorandum
Asst.
Admin.
Comp. Syst.
Ext. Affairs Mr . Wa R. Wannall DATE: 6/24/75
Files & Com.
Gen. Inv.
Idont.
FROM W _ 0 ORIGINAL_ONLY Izlgi:e
Laboratory
Plan. & Evall
SUBJECT : SENSTUDY 75 Spec. Inv.
Training
Legal Coun.
Telephone
Director Sec'y
PURPOSE:
To advise that CIA has agreed to have Bureau
representatives review 693 page CIA document containing 1
information relating to joint ventures; involving CIA and
other members of the intelligence community in sensitive
matters_ and decision of CIA to furnish FBI with copies
0
88I anctdoctment, contained therein having
a
bearing
on L
DETAILS:
My memorandum to you captioned as above dated E
6/20/75 , advised that a representative of the Intelligence
Community Staff on that date, at FBI Headquarters, briefed
appropriate Intelligence Division personnel of the contents
of a 693 page document prepared by CIA which contains
numerous memoranda relating to a wide variety of operations
in which CIA, to some degree, had contact or cooperated:
with other members of the intelligence community in sensitive
matters _ You were advised that members of the Senate
1
Select Committee have already had access if not actual
possession of this document,and that a
nuber of_the_operations
cited in the document are of extr
involving this Bureau_ REC; 102
273 87 2
9 2
947338 -29
KIn order to enable' this Bureau to-be in a position
4
to knowledgeably and accura tely.reply to SSC inquiries and
to fully identify operations listed in the document of
interest to this Bureau, contact was initiated with John Clarke,
Associate Deputy to Director of Central Intelligence for the
Intelligence Community for: the purpose of obtaining
a copy
2
of this document_ On
6/23/75, Mr=
Clarke advised that CIA
Director William Colby authorized the reviewing of this
62-116395 CONTINUED OVER
2
IIZSM:adn
R78888
Docld:32989609 Page 84
Assoc.
Dep:
-wzuldm
Cregu?&
Rm.
to,
emely
5` VFL
==================================================
Page 85
==================================================
UNEXCISED VERSIONS OF DOCUMENT 8 FURNISHED
To SSC
NW 88608 Docld:32989609 85 Page
==================================================
Page 86
==================================================
Memorandum to Mr. W . R. Wannall
Re: SENSTUDY
62-116395
(693 page document by Bureau representatives and this Bureau' s
obtaining
a copy of any memorandum contained therein having
a bearing on FBI activities
As the above authorization appears to be responsive to
this Bureau' s need for reviewing the document for information
having
a
bearing
on this Bureau" S operations, arrangements
have been effected for Mrs _ Harriett Mowitt, Executive Secretary,
Ad Hoc Coordinating Group
on Congressional Review of Intelligence
Community , to bring this 693 page document to FBI . Headquarters
on 6/25/75 for review by selected personnel of the Intelligence
Division_ Copies will be obtained of any memorandum contained
therein believed to have a
bearing on any 'phase of this Bureau' s
activities.
RECOMENDATION:
Upon completion of above review you will be advised
of pertinent information obtained, accompanied by recommendations
as to additional action believed necessary in this matter
Ri
(un
2
NW 88608 Docld:32989609 86
Tm W Wlw)
Page
==================================================
Page 87
==================================================
THE DIRECTOR OF CENTRAL INTELLIGENCE
WASHINGTON, D C. 20505
Intelligence Community Staff
DCL/IC-75-061
18 JUN 1975
<~_
~, 's"
MEMORANDUM FOR: USIB Ad Hoc Coordinating Group
SUBJECT Organization for Liaison with Select Committees
The attached CIA Employee Bulletin lays out the DCI' s
organization for dealing with the Senate and House Select
Committees . It is provided to you for information_
~John M_ Clarke
Acting Deputy to the DCI
for-the Intelligence Community
Attachment : as stated
AIXVYB TITORMATION CONTAINBDD
STTTD DrigW;
ZTGGoldzi,
MDe|
REC 102
62-Le315: 290
3 JUL 2 1975
ser
2
1975
62-1/6538
NVZBs8ylZcld:32989609 Page 87
JENCLOSURE
Tke
==================================================
Page 88
==================================================
EMPLOYEE
BULLETIN
Of
No _ 452 10 June 1975
SENATE SELECT COMMITTEE TO STUDY
GOVERNMENTAL OPERATIONS WITH RESPECT To
INTELLIGENCE ACTIVITIES
Mr . E. H. Knoche has been named the focal point within
the Agency for liaison with the Senate and House Select
Committees investigating intelligence activities Mr John
Clarke will continue in his capacity as focal point for the
Intelligence Community
on that same subject_ Agency
employee contacted directly a Select Committee staff
member should refer the caller to the Select Committee Review
Staff under Mr _ Knoche , 'on X4086 .
ALLBBI WTNRVATION CONTAINED
FE0337o336
DISTRIBUTION: All Employees
9 [lv37s7-29d
~NCLOSURL"
NW 88608 Docld:32989609 88.
QALIGENCA
INTE
(
9
)
S[B
Any
by
(Mi p
Page
==================================================
Page 89
==================================================
Aseoc Dir;
Dep-AD-Adm
Dep--AD-Inv
Asst Dir: :
FIDIRAL Oureau OF INVESTIGATION Admin:
CoMMuNicatIOns SECTION Comp: Syst:
Exta Affatro
Files & Com
Jun 2 8 19/5
Gen. Inv.
Ident;
TELETYPE Jnteiectielf
Laboratory
Plen: & Evel
Spec; Inv.
Training
Legal Coun
Telephone Rn
Dtrector Secty
NR 00 [ AL CODE
3847 PM Nyb JUNE 28 , [9 75 L W
To D IRECTOR' (62- | [6395 )
RROM ALBAN (62-2368)
ALL BEORVATION OHALR
6C
TaE
3rut
SENST WDY 75 m)e-l6
RE BU@ JUNE 28, 1975 ,
on JUNE 28,` 1975 , FORMER SA KENR Y G ROW SF , JR , , WAS
OnaCTD BX ASAC_JohN J, HINCHQ IFFE AND AD VISED C NTFNT S
RE BUTE . ROwSE STATED T HAT SHOULD HF BE Conta CTP BY HE
WILL CoNTACT BUREA { 'S L EG AL OUNSEL DI VISIO N ROw $ CirRENTL Y
RESID InG C/o P,o; BOX SHELDON , 05483, IFLEPHO NF NO
80-848-74 [8, OR 73 HIGAAN AVF , RI CHFO RD 'C2 %€
END
REC
3 JUL 1 1975 LRF FIKQ CLR
8 4 JUL 1
1975
WL88608 Docld:32989609,Page 89
~Rredtfal-
SCC ,
65 , V .,
3 %-28 R
102
568
(Rss:
W@
lc: 61
PERSReEcKIDTTT
==================================================
Page 90
==================================================
Assoc Dir:
FEDERAL Bureau Of InvESTIGATION Dep-AD-Adm
Dep.-A D.-Inv CQMMUNICATIONS SECTION Aest. Dir: ;
Admin;
JUN 2 9 0975
Ext
Syst
Affair
Files & Com
TELETYPE Gen: Inv.
ident p
wev) Inteection
Laboratory
Plan & Eval
Spec Inv:
Training
Legal Coun
NRO02 AT CODED
Telephone Rm
Director_Secy
7*44 PM NITEL JNE 29 , 1975 TLL
TO : DIRECTPR, FB I
RROM: ATLANTA
SENSTUDY 75
RE BUTEL Io ATLANTA AND OTHER OFFICES JUNE 28, 1975 .
kb
FORMER SA MARION CKEEK CONTACTED BY SAC , ATLANTA, JUNE
1975 , In ACCORDANCE WIIH INSTRUCTIONS In RE TEL .
DND
AII MQRVATON OO TArD
ERE9 0NAOl
DATE 7a 2 /2Eebr_{YLi
Mp-lo
Tow FB IHQ CLR
6a-Il6 3742
3 JUL 1 1975
84 JUL 1 1975
N 88608;Docld: 32989609 Page 90
Comp:
2,
cutep
28)
102 REC
{
61_
Cc
FERSJ
==================================================
Page 91
==================================================
Assoc Dir
Dep--A.D-Ad
FloiaAL HUREAU O6 4NVESTiGATIOR Dep--A.D.-Inv_
SECTION Asst; Dir. : COMMUNICAtIONS
Admin:
Comp ` Syst:
Jun 2 9 19/3 Ext Affairo
kz
Files & Com
Gen. Inv.
AT CODE
TELETYpE
Ident:
10.40 AM NITEL JUNE 28, 1975 PG
inteerg
Laborator
Plan & Eval To: DIRZCTOR, PBI ((62~ [ [ 6395) Spec Inv.
Training
Yrom: AtLANTA Legal Coun
Telephone
SENST UDY 75 Director Secty
RE BUTEL To ATLaNTA And OTHER OFFICES , JUNE 28, 1975 .
ALL CURRENT AND FORMER AGENTS WITHIN ATLANTA DIVISION
CONTACTED BY SAC , ATLANTA, June 28, 1975, WITH EXCEPTION 0F
FORMER SA MARION CHEEK AND ADVI SED In ACCORDANCE WITH
INSTRUCTIONS, RE TEL .
FORMER SA CHEEK CURRENTL Y BOATING on SUWANEE RIVER In
REMOTE AREA
9
FLORIDA, AND No POTENTIAL FOR LOCATING UNTIL
EVENING OF JUNE 29_ '1975 , NEXT CHEEK WILL BE CONTACTED BY
SAC AS Soon AS POSSTBLE , JUNE 29 , 1975, AND BUREAU IMMED IA TELY
AD VISED 0F CONTACT
END
LRF FBIHQ CLR
REC 102
61-4[0338"-Jgb
3 JUL 1 1975
ALL DNEORMATIONCONTAINED
Eren18
DATE I)
Ievea
JuL 1
1975
8148
88608Docld:32989609 Page 91
Rm
be
sistt
5 {26
==================================================
Page 92
==================================================
OFFICE OF THE DEPUTY ATTORNEY GENERAL
WASHINGTON,D. 20530
QIE! 2 0 115
T; Antonin Scalia
Assistant Attorney General
Office of Legal 'Counsel {EEINFORYATN CONTAINBD
HEREIN IS
Duglas R. Marvin DATE
167Zg2u4+
Special Assistant to the
Attorney Ceneral
VNDo
N
FROM: Michael E Shaheen, Jr. "78`
6h9 Deputy Special Counsel for
Sabuly
Intelligence Coordination
SUBJECT: Senate Select Comittee' Request: Appendix D, Item 17
Joseph Kraft_
The SSC'8 request of Item 17, Appendix D; seeks "Ail
Iemo-
randa and other materials reflecting written or oral authorization
and re-authorization by the Attorney General andlor the Directd of
the FBI for electronic surveillance Of Joseph Kraft"
I
By letter of 2, 1975, to Kraft' s attorney , Lloyd Cutler
5 the Attorney General gave, inter 2li2, the following
assuances :
E "Pending further Departmental action relating to
the policies
q which will govern records of the type involved in Mr_ Kraft's
case , all documents, recordings Or other records of any type in
the Department' 8 custody or control which constitute suarizes
1
3 degceieettbaicosteveiljincbedfvected againobtarned as the result
0
any electronic surveillance directed against Mr- Kraft ad
members of his family will be placed under seal"_ (emphasis mine)
REC 102 - /
~288
It is Jy view (shared by Mr- 0' Connor) and articulated; as
well, by Cutler in telephone conversations with me on June 12 , and
June 16
9
1975 (the second call came after Cutler had conferred with
Kraft) that the material sought by the Senate Select Comittee is
distinct from that protected by seal &d that
3
therefore
3
the
requested material be found, reviewed and forwarded te_the SSC
#lantt (Cutler advised that the Ervin Comittee was given same) _
3 JUL 1 1975
I have your views on this matter?
hJs
A teen RLt & 4~
netwtSlr" /
67z [Atl ERkSZfal
Renbcliov& mtel
b mV ,
8uz.
1
EIabetn }anxvd 4 bfhst
NSiuolU acld:32989609 Page
May
338
May
"rdeochy?
neadeect _
1/6 ? 9
62 -
5-81
ILution RevQl
Jdbai ed uz
==================================================
Page 93
==================================================
Ottiotal iorM No_ 1) {010-106
Hay 1902 [dimion
Y0s4 GIm: B6. *0. 81
'UNITED STATES G ERNMENT SECRE
Memorandum
TO Mr , D. J, Brennan , Jr DATE: February 13, 1970
FROM S_ J Papich
ALL INFORMATION CONTAINED
HEREiN iS UNCLASSAFIED EYCEPT
SUBJECT : UNION TOR , REVOLUTION_ MXERE SHOWN OTHERWISE,
furnished the ffollowing *0 the'
Lieison Agent on 2710/70.J(
LCIA has established a U.S _ based notional Orgenization
representing Itself a.5 beirig communist' oriented and having the
following mailing addresses : P.0, Box 444, Boston, Massachusetts ,
02102 and P.0_ Box 8272 , General Post Office Philadelphia,
Pennsylvania, 19101_ The organization 8 S acivity in tne U.S,
Wili be restricted to production of propaganda in the form of
Damphlets , etc, which material will be mailed to varioug Left
Wing groups in foreign countries, The primary objective of
this operation is to develop penetrations and/or sources in
revol#tionary Arab ErOUnS {n the Middle East The orgsnization
is completely notionai iu Gialacter ii :iu: tlere #iii b6 13
Offices in the U.8. (only PoO . boxes) and even the officials
mill beer fictiticus nanes , CIA hopes that once the propaganda
begins circulating frab groups 1ill become interested and wili
endeavor to establish contact with "officials" of the organization
If this develops =
$
CIA will then proceed to use its own personnel
under "suitable" cover to make the contact. From them on CIA
~1t1l maneuver to penetrate the target group
In response to the Llalson Agent ' s request, CIA will
furnish 0S saples of propaganda. The Agent also asked that we
be given copies of conmunications sent *o the mailing addresses
U
by any organizations or individuals_ We shoula have such data
80 that Re can take the necessary investigative action in the
3
event any persons 02? organizations in the U.S_ taize an interest
ip the captioned group Of course, Rill also be interested
3
in international ranifications which could have 2 bearing on
the activities 02 Left Wing activity in this douitfy; Tbe" Agent
a also asked for the names 0f the Qfficlals mhich wilr be : related
98
to the Union for Revolution
At this stage there do.: $ not appear to be any conditions
Ir or developments which would have a0
adverse bearing
on our
operations OI' jurisdiction providing that CIA keeps us adequately
informed _ CIA asks that it be apprised of any information coming
to our attention concerning the organization. CIA further requests
that its interest not be revealed outside 0f the Bureau and that
this information be handled on 2 need-to-know basis S
SJP Wigk
2-((639
44
'(6) <Glaeaified 1283 CONTINUED
E
OVER
GDS, Category_
SEGREV
'ENCLOSURE
NW 88608 Docld:32989808 I agasbicatiog Indelinite
CIA ,
Re ,
2
Exempt
==================================================
Page 94
==================================================
SECREI
Menorandu to Br . D. J; Brennan, Jr ,
RE : UNION FOR REVOLUTION
ACTION :
The above information i8 being directed to the
attention of the Internal Security Section aud the
Nationalitles Intelligence Section_ Llaison will follow
1n order to Obtain samples of the propaganda referred to
above end will again reiterate tbat We be furnished copies
of comuunications transmitted to tle mailing addresses S
SECREL
2
NW 88608 Docld:32989609 Page 94
==================================================
Page 95
==================================================
OFTiONal iok4 No. 10 3010-106
KaY 1967 {difION
6s4 Gin; Rc_ ~U."1
UAITED STATES ERNMENT
Memorandum
TO Mr . D. J , Brennan , Jr DATE: February 13 , 1970
FROM S . J , Papich
ALL INFORMATIQN CONTAINED
HSREIN IS UicCLSSCYFUED EXCEPT
SUBJECT : UNION TOR_ REVOLUTION WHERE SHCWN OTHERWISE
(Norman CZA , furhiehed the jfollowing to the
Lieigon Agent on
471694636)
LcIA nas established 2 U.S_ based notional Organization
representing Jtself a5 being comunist oriented and having the
following mailing addresses : P.0_ Box Boston, Massachusetts,
02102 and P.0 , Box 8272 , General Post Office, Philadelpiia,
Pennsylvania, 19101 The organization' 8 activity in tie U.S_
Will be restricted to production of propaganda in the form of
pamphlets , etc.
}
which material will be mailed to various Left
Wing groups in foreign countries. The primary objective of
this operation is to develop penetrations and/or sources in
ravo]utionary Arab groups {n the Middle East The orgsnization
15 completely notionai iu Guarecier iu 6iitei ti6r6 7iii be 2o
Offices in the U.S . (only P60 . boxes) and even tlle officials
will bear fictitious names , CIA hopes that once the propaganda
begins circulating , 4rab groups 1ill become interested and will
endeavor to establish contact with "officials" of the organization
If this develops, CIA will then proceed to use its own personnel
under "suitable" cover to make the contact, From the on CIA
Ri1l maneuver to penetrate the target group: VS
response to the Llaison Agent'8 request
1
CIA wi1l 3
furnlsh us samples of propaganda . The Agent also asked that we
be given copies 0f communications sent *o the mailing addresses
by any organizations or individuals_ We should heve such deta
Z
80 that Re can take the necessary investigative action in the
:
event any persons or organizations in the U,S. taire an interest
0
in the captioned group. Te
$
of course, will also be interested
in international ramificetions Which could have 2 bearing on
8
the activities 02 Lezt Wing activity in this douitry; The' Agent
also asked for the nades 0f the Officials whichWilr be:related
to the Union for
Revolution;(Ce
Lt this stage there do_ 6 not appear to he any
conditions
or developments Fhich would have an
adverse bearing
on our
operations or jurisdiction .providing that CIA keeps us adequately
informed_ CIA asks that it be apprised of any information coming
to our attention concerning the organization. CIA further requests
that its interest not be revealed outside of the Bureau and that
this Information be handled on 2 need-to-know basis
SJPawmk Clagsified Y
"(6)' Exempt from GDS, Category
SECREIL
CONT'INUED
Dn
OVER
Date of Declassirication Indefinlte
NW 88608 Docld: 32989609 Page 95
444 ,
LIn
663
==================================================
Page 96
==================================================
Memorandum to Br D. J; Brennan, Jr ,
RE ; UNION FOR REVOLUTION
ACTION :
LThe above information i8 being directed to the
attention 0f the Internal Security Section and the
Nationalitles Intelligence Section. Lleison Fill follow
in order to obtain samples of the propaganda referred to
abovc and will again reiterate that We be furnished copies
of comunications transmitted to the mailing addresses
SEOREZs
2
NWV 88608 Docld:32989609 Page 96
SEORV;
==================================================
Page 97
==================================================
5-140 (Rev. 1-21-74) FEDERAL BUREAU OF INVESTIGATION
WASHINGTON, D. C: 20535
Addressee:
Senate_Select_ Comittee
LTR LHM Memo Report dated _641 [25
U.S Senate Select Committee: Re: Other
Caption of Document:
Specific FBI Practices and Procedure
Item 424, Part III, Appendix C
FBI
Originating Office:
Delivered by:
FazdV dbU
Date:
Received by:
R0 IebL
Title:
Return this receipt to the Intelligence Division, FBI
7 Frzliis A 0 T-Il 3
"2 "rE
12x2 6/z3
Lh
==================================================
Page 98
==================================================
{awmz
ch_
4t NW 886w8 Docld:32989609 Page 98
[S: 32
==================================================
Page 99
==================================================
Att WNFORMATION SCONTAINEL
EEREIN
DATE//E
TfA zzbp
ENCLOSTRE
NWV 88608 Docld:32989609 99
62"46 3957-304
Page
==================================================
Page 100
==================================================
OTE: SEE instructions Ox REVERSE
CLAsSIFY As APPROPR ATE BEFORE COMPLETinG.
TO: Intelligence Comunity Staff FROM:
ATTN: Central Index Dederal Bureeu of Investigation
Fm
SUBJECT: Abstract of Informatiop Select Comittees
How PROV !DED check appropriate term . I f a documen t was made available 2 DA TE PROV | DED
for review but transmitted _ S0 note. ) 6/11/75
DOCUMENT BR IEF ING INTERVIEW TesTimonY OTHER
3 To WkOm PROV IDED check appropriat e term; add spec i fic nameS if appropriate)
#XeNFQRMATICN CONTAINED
SSC
HEZEIiS Uns!
#FED WHERE SHONMTOTKERWSKC
HSC
IDEnTIFicATiON (provide descriptive data for document s; give name or ident i fication number 0 f brie
interviewee testifier and subject)
Other Specific FBI Practices and Programs
5 IN RESPONSE To (ist date and item number i f in response t0 formal re quest _ other- 6 CLASSIFICATION 0F
wise state verbal reguest 0 f (name) , initiative , subpoena , etc.) INFORMATION enter
U , C, S , TS or
Codeword) SSC letter 5/14/75, Appendix C, Part III, Item 24.
"S"
KEY WORDS enter the appropriate words from the list provided separately; 1 f words no t listed are
used under Line for emphasis)
(COVERT ACTTVITIES S_
CLASSlEDE suulbe:
DECLASSIFY ON: 25X
Ie-I6
SUMMARY (see reverse side be fore complet this item)
With agreement 08 CIA, SSC wes furnished with copy o
documents maintained by the Bureeu relating to esteblishment by
CIA in this country of
2 "notional" Marxist-Leninist organization.
ALL INEOMMATION COMIALNEF
SaTaJe
1324
Eaams %
Cenzal Csmminy Snolf
hvz : ozinxe
Lonectoik ,
FzF] 75 ,
6-24-2f"
IJN4Jhb
34
R3 Yellow
Lau
62-116395
SECRET
CLASSIFY As APPROPR IATE 379| (6-75 )
Eclbsun
NW 88608 Docld:32989609 Page 100 2-(/6 3
J-4284
SEc
not
EXCEPT
fer ,
key key
ing
#hz 4085
An
5 + r1
==================================================
Page 101
==================================================
INSTRUCTIONS
Type or print clearly in ink.
Indicate classification of the abstract and bottom _
Date the abstract and on any internal control numbers required.
"FROM" entry should clearly identify the organization providing the
information_
If additions (as when a copy of document sent to SSC is later sent to
HSC) or changes to a previously submitted form are necessary , submit a
copy of the original abstract, with the change indicated_
SPECIFIC ITEM NO _ 8 _ SUMMARY enter brief narrative statement describing
substance of information and showing relationship to Intelligence Comunity
matters if appropriate_ Eeedback or evidence of investigatory interests
should be noted _ Commitments made to supply additional information should be
noted. Additionally, certain administrative iinformation may be entered here,
e.g. , restrictions on review of a document , if document was paraphrased
)
whether
interviewee is current or former employee, etc_ If actual document or transcript
is provided, that fact should be noted and no summary is required_ Additional
pages may be attached if necessary.
X4 M &
NW 88608 Docld:32989609 101
top
put
Any
Page
==================================================
Page 102
==================================================
3 # 0 J' 4. intz
5 # . J, Ba Botle)
3 Ra Vandall 1
0
:
8; Sicer
45 Ba #, Reet;
Ta0 Ateorter Feaaurad 40no 1378
Mreotar , #BI
Uiad Searrd SreActu We
0 Arrdte Namnrre;
Referenes 46 Eae *0 Errozracrd {Var 242aed
Y
Selott 67TC dated3 14,1575, cad Repeatncer
crereto, Cerer80 Cordreree #Ma Otaer Tretarr
)
t05 #o0 830 73r,
actacaod Jor Yrur@darova1 410 Soreardlua to {0e
Cenmitted 10 tle OrIr2ad] @2 #eanttates Ead B eaeLorere
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4 9037 02 t0 Becorardat #8d {@0 anclecrrt 29
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ALL INFORMA TION CONTATNZC
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REC- 102
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62,4L272-19Y
3 JUL' 1 1975
Assoc. Dir . #
pu. Da
Dep. AD Adm,
8
Dep. AD Inv.
Jvtt
Asst. Dira:
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Files & Com.
Gen . Inv.
Ident .
Ru^
Inspection
Intell:
2
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Plan: & Evol_
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Ligalnosn-'
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Telephone Rm.
TELETYPE UNIT GPO 934-546 NiiBueud)jockdA32936w Hfage F8Z
V467
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==================================================
Page 103
==================================================
8ecksT
3 4 J, A, Entz
Wr _ J, B, Botfs)
R, Vendal 1 SECRET 1
E
:
%: Sairer
A. Daro , Jr .
0-120395
Jupo 1975
VItld Sttt8 #ur DLrcT ME INFORMATYON CCNTAInED
COTUTID T OOMLLILLMALAEZEIRIS'RCLASSIFIED EXCEPT
ORERATIQUB VIt RDrrT 10 WHERE SHOWN OTHERWISE
IItlicr ACTIITIEB
M3; O1%} #PICITIC YDI PRACTIC 9 Ad Froouny
Boterccd 13 edo to Caoroeade {ror_GaptIoae4
creltter Qute4 Mry 14, 1275 , 4ra tr aPrerd1cer OA_toto ,
clea contalacd Teaderto Tor Infertatled {103 t0o YBI
Ooacernjet_ 011 #noreldd 254 Otler mtelule rofJecttrt
Cuvetratle4 conteeto, 07 coernalcatio $ 66ea 08
YBI I tho
ct
0 t3 Cubject @I 0o @tOD2Icrecat 0r
Grete 01 70t1o30 " Drxtot-Lalnlot 0rrtaleations
uet tho [alted Btater,
Ve T8ndondo t0 Itod auaber Part JII, Aprondit C,
Selored Tor t0o Cratte 1 01 Copy 0I Eerdter0d Irea
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8, J Paplch @ # % J' Brercr, Jated Yobrant]
]
Ea te 1 &7057R; #c %eabiaresett 838
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Ieottona} " Iurtdot-Leatotot areaateetlon 6J t10 CIB,
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1 4 Tbe Attoraoy Gonor?l
As8oc . Dir .
WiwkynL
Dep. AD Adm:
Dep. AD Inv.
(cm
Asst, Dir.:
Admin. SEB BOTE PAGE 2
Syst
Ext. Affoirs CALT
Files & Com. BLD:prd C181Ilc bJ
Gen. Inv
Ident.
(9) @roapt Iros CD Eaterory_WNaher
Ins fion
pr Dato 01 roloeni [Ieattpn DnNT
Infell.
Loborotory
Plon. & Evol_
Spec, Inv .
LTgalhGou
SECRET
bj I/6 37 , 274
Tele phone Rm;
UNIT C1'O 534.546 Rrab6b8 DocKAlg39RUH Page FE}ETYPE
8'
11,
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VcLOSuRB
==================================================
Page 104
==================================================
BTCL
Tbe Attornoy Gonera
SECRET
4Q1:
LSee Eonorandun V, O. Creger to Ur , w. R, Fannal] ,
dated 6/6775 , ~blch advlced O1 CIA 8 clearanco to {orvrd
@enorendue dated 2/13/70 to tho Comnlttee. In enclosure
datod 3/13/70 , tbe Wane O1 the CIA Agept Eho furplehed
tbe Infornattor a4 berd_axoided per CIA roquest.
Hexorandue dated 3/23/70 and captioned "Oalon For
7 Bovolution, neattoned In D' O: Cregar nenorandud to
I, 0, R, Vannall , datod 6/6/75 18 pot botee forverded to
the Contted B1nce 1t 18 Dot responsIve to the Corelttee '€
speoLfLc request, Tet Renorandua dealo Sith an evaluatlon
0f CIA'8 notlonal operatfon by tble Bureau 4
[ceeetfted "Bootot # In
accordanco #Itb CIA '8
clas3LIicatiop Of Ite fatoreatlod per H . Valt Blder
0
cIA. 7B _
2
SBN ET
NW 88608 Docld:32989609 Page 104
'8
SECRET
==================================================
Page 105
==================================================
OPTIONAL FOr No: 10
MAY 1962 EDItiOn
GSA Fpmr (41 CFr 101-11.6
Assoc. Dir. UNITED STATES GOVERNMENT
Dep. AD
Memorandum
Asst.
Admin)
Comp} Syst.
Ext. Affairs
TO Mr . J. B. Adams DATE: 6-9-75 Filos & Com.
Gen. Inv.
Idont.
FROM Legal Counsel
'Sf
Waisie"g)
Laboratory
3
Legal Coun.
Plan. & Evol
SUBJECT: SENSTUDY 75 Spec. Inv.
Training
Telephone Rm.
Director Sec'y
By memorandum dated 6-4-75 you were advised that
captioned Committee was preparing what they termed case studies on
COINTELPROS in four separate areas. The areas defined were Black
Panther Party in San Francisco, White Knights of the Ku Klux Klan of
Mississippi, the Professor Morris J. Starsky incident, and the
Fred Hampton case (Black Panther Party leader in Chicago who was
killed during & police raid in Chicago, Ilinois)_
Mr. Lester B_ Seidel advised SA Paul V. Daly 6-9-75
that in addition to the aforementioned areas he also wanted to include the
1
Muhammad Kenyatta case.in Philadelphia. As.an observation; two of the
areas cited by Mr. Seidel are areas where the Bureau currently is facing
lawsuits _ namely , the Hampton and Kenyatta cases, and a third area is
5
one which we could well be involved in a lawsuit, that being the Starsky 8
case Mr _ Seidel indicated the Bureau can expect correspondence from
1
the Committee concerning these matters.
RECOMMENDATION:
REC: 102
-1/6237 ^83
1
F
For information.
j+
62-116395
Qve46m (xv Nen
1
M
Mr. Wannall
1 7 Mr _ Mintz
T
Mr. Cregar 1
5
Mr. Hotis
1
4
Mr. Daly
1 3 Inspector J. T. Kelly
PVD:kjs (8)
1975
8 4 JU=
pByg F;S: Savings Bonds Regularly on tbe Payroll Savings Plan
NW 886@81a-4ocld:32989609
Dep:.
==================================================
Page 106
==================================================
J =
CODE TBLETYPB UROENT
6-9-75
1 Yae Mr - Wannall
Io 21C Fn_ FRANCISCO Attn: Cregar
Mr . Gebharat
PRAM DIRECTOR FBI (62-116395)
~28>
Mr . Mintz
Mr . Hotis
SENSTODX 75 1 Mr . REC-
TTS IS To ADVIB YQU TT PORBONNI T0o RQu8T TROM DI
8uintB #BLICT_CONBAITTID O INIELLIGBNCB NCTIVITIBB (EsC) I PVR
ELEAEED YoJn ^ JORYAR M DaVID B. TODD TRo4 APRLICABIB
RMPIOYBB SECRECY RCREEMIZNtO_ToR TE PuRPOOB 0r7 A 8TNTT INTERVIEW
BY 88C]_ConcBNTG COINIBLDR Nd @E]IBSTIQNTICI 4I
Yaam FRAXCIICO OF T BPP . IBSTOR Ba SEIDEL, Sta? MEMDBER_OP 85
)
(NILL TrhveL TO M*] FRANCISCO To_CONDUCT T: IXIBRVIBRB IN
PPROXIAIELY Io RBEKS .
An_ROBNt MIIL BB AVAIIUI DRII IMIERVIBW TO ASSIST IN
1
I
MNII 4 DETERAINATIOL 1 T ETIR QR Not A PARIICULAR
QUESTTON SRQUD BE Rarontrd T0. TIO Wht IS NOT TO BE
CONSILBPED PRIVATE]_CouretL AND MILL BT BB PRESENT DURIK INIBR -
"
VIETN .
YOU , W Nenc, OR SERIOR WUFEAVILOR CrYTACt , FQRMER M MVID
E, IODD * ADVIEB HIN Of I MAITR 0 Tw APPLICADIB ESCRECY
Assoc. Dir.
AD Adm. NGRETILINT AND DXIRATE WECIECR EB IS LZYIROUS Ot; FAVIKG An
Dep. AD Inv.
Asst. Dir.:
Admin.
Comp. Syst.
PVD:eek
Ext. Afloirs
(7) FEDERAL ,BUREAU ,OF INVESTIGATION
Files & Com,
communications SECTION
Gen. Iav.
Ident.
Inspection
JUn 0.91975
Intell.
Poboratogva/,
JELETVAE P
P SBY
'phyt"
Inv.
TroIning
Ri-
8o'fotttt_3 1975
OOM TELETYPE UNIT ;:() 2541-546,
Docld:32989609 Page 106
Daly 102
1
1
1
Dep,
{Br /' /4
46 (3
Spec . I+ Je
==================================================
Page 107
==================================================
PAOE Ti 62-116395
NcPET AVAILABIR DURIR IYPERWTEN . BOR YOUR MACEGROUED INYORINTION
TODD H3 PEESVIOUSLY ABBN Ix CONTACT WIIE_LeGat_COUNSEL
DIVISION_COMCERNING TAIS INTERVIEW AW Hs BEY BRIRYED
CORCEENIN HIS RIGHT To COUNSEL; BTC .
SUTEL RESULSB O5 CONTACT WITH TODD. YOO EHOUID COMTACT
LBCAL COUNSEL DIVIBION BOR NDDITIOML IIOEIIONCOKKCERNI
YQUR INTERVIEM .
LOEo
Mero 6-2-75 captlonea
a8 above it Wab reconandad
and] approved that SAC Charleg W. Bate8, torer 8A Dava 8. Toda,
and AgelLatnat DLrector Robert E Gebhardt be roleaced from
"pplIcarle secrecy agreenenta for puIposes 02 intervLew by SSC _
We are Boperately advlelng Asslatant Director Robert E, debhardt
of thlg decLelon:
2
NW 88608 Docld:32989609 Page 107
BY
==================================================
Page 108
==================================================
OPTIONAL FORK No: 10
MaY 1962 Editiom
GSA FPKiR (4} CFN 1O[_11.6
Assoc. UNITED STATES GOVERNMENT Deg Z
AP} Inv.
Asst. Dif.
Memorandum
Admin.
Comp: Syst.
Ext. Affairs
TO Mr . J. B. Adams DATE: 6-2-75 Filos & Com.
Gen. Inv.
Ident.
Inspection
Intell. FROM
Legal Counsel
Laboratory _
Logal Coun:
Plan. & Evall
Spec. Inv. SUBJECT; SENSTUDY 75
Troining
Telophone Rm.
Director Soc y The purpose of this memorandum is to advise that
Lester B_ Seidell staff member of the Senate Select Committee , has
informed uS that the Committee intends to interview former SA David E.
Todd
9
SAC Charles W Bates
9
"and Assistant Director Robert ES Gebhardt
and to request that the aforementioned employees be released from existing
employment and/or secrecy agreement for purposes of a staff interview.
On theeening of 5-29-75, Lester B. Seidell telephonically
I
advised SA Paul V _ of this Division that in accordance with the
"guidelines" existing between the Committee and the various intelligence
0
Y agencies under review
3
he was giving notice that he &S a representative 6
of the Committee was going to San Francisco in approximately two to three
weeks . and it was his intention to interview SAC Charles W Bates_ former
SA David E_ Todd, and former Assistant to the Director Alan H. Belmont _
L
9
He also requested Assistant Director Gebhardt be made available for staff K
interview in Washington _
2
D C. He asked that the Bureau take the necessary
8
steps to release the Agents from any existing employment or secrecy
agreements. For the purposes 0f this interview_
9
he stated he would inquire
of each of the interviewees as to their knowledge and participation in counter
intelligence activities directed against the Black Panther Party_ With regards
to this discussion, he specifically mentioned a Bureau airtel to San Francisco
dated 5-11-70 , titied "Counterintelligence and Special Operations (Research
Section) I1 He stated this document was One of the documents released by
the court in the suit by newscaster Carl Stern. He was asked as to whether (
he could define more precisely the areas toake covered in the interviews_and
stated he could not inasmuch as he didiot I ow tbe Zariowg Agpects' the
"982
4
counterintelligence program against the Black Panther Party in the San Francisco
area. Additionally
3
he advised he was making a request for documents _
3 JUL 1 1975
1 3 Mr. Wannall 1 5 Mr. W. 0: Cregar
1 3 Mr. Gebhardt 1 4 Mr Hotis
1 7 Mr. Cleveland 1 5 Mr . Daly
W
5
Mr . Mintz 1
=
Personnel File, SAC Charles W Bates
1 3
Personnel File, Assistant Director Robert E. Gebhardt
1 ~
Personnel File, former SA David E. Todd
PPVD:dkg (12) CONTINUED
4
OVER
US Bonds Regularly on tbe Payroll Savings Plan
NW 8860B1Decld: 32989609 108
Dir;
Riian.
Dep.
6lyat
M?
Daly
>
2
PBg? Savings
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Page 109
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Legal Counsel to J. Ba Adams
Re: SENSTUDY 75
in writing, which would coincide with the aforementioned topic of interview_
He described these interviews as being "abuse" interviews which according
to the Committee's understanding precludes the presence of an agency
representative during interview. However
9
an Agent may be available for
consultation purposes_
Mr _ Seidell was advised by SA Daly that former Assistant
to the Director Belmont was in poor health and that before attempting interview
of Mr. Belmont
9
he should ascertain his current physical condition: Mr . Seidell
requested SA Daly 'determine Mr _ Belmont 's physical condition. Assistant
Director Cleveland advised SA Daly on 5-30-75 that Mr_ Belmont was very
seriously ill and was suffering from the Shy Drager Syndrome. This informa-
tion was brought to the attention 0f John Elliff_ Task Force Director on
Domestic Intelligence Activities of captioned Committee , and Elliff expressed
dismay that Seidell had made an inquiry concerning the interview of Belmont_
Elliff requested that we not take any action concerning Seidell's request as
ito Belmont at this time.
Former SA David E. Todd had previously contacted this
Division and as set forth in memorandum dated 5-16-75 from Legal Counsel
to J. B. Adams, he was advised of his rights, the existence of an employment
secrecy agreement Signed by him
2
of the provisions of Attorney General
Order 501-73, and to his right to a private attorney- He was also advised
that an Agent would be made available for consultation during the interview
if he s0 desired. Mr Todd did not indicate at this point whether he was
desirous of having a Bureau representative available for consultation during
interview Todd, accor 'ding to Seidell, stated he would not consider to be
interviewed in the absence of a release of a secrecy agreement by the Bureau_
RECOMMENDATIONS:
(1) That former SA David E. Todd, Assistant Director
Robert E. Gebhardt, and SAC Charles W Bates be released from their
employment and secrecy agreementsfor purposes of a staff interview concerning
our Cointelpro activities against the Black Panther Party .
RECOMMENDATIONS
CONTINUED OVER
5 2 2
NW 88608 Docld: 32989609 Page 4109
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Page 110
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Legal Counsel to J. B. Adams Memorandum
Re: SENSTUDY 75
(2) If approved
3
the employees and former employee will
X be advised and briefed generally concerning the making available of &
Bureau representative for consulation during such an interview and
other pertinent matters to be considered during interview_
#ped
Qon
4 3 4
NW 88608 Docld:32989609 Page 110
Teehe
af9ns
Yvd T8
ltb
wes
An
==================================================
Page 111
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OPIONAL FORM No. 10 s010-106
MAY 1962 GA}GE4 Edgtigto.
27
Assoc. Dir. UNITED STATES GOVERNMENT
AD Adm SBCAET
AD Memorandum
1 L N _ J Bs Adams Asst. Dir.:
2 Mr . J. A. Mintz Admin.
Comp. Syst. (1 5 J _ B_ Hotis)
Ext. Affairs
Mir . W _ R. Hanna 1l DATE: 6/17/75 Files &
~ W . R. Wanna1l Gen. Inv.
Ident. H. E, Helgeson
FROM FT .
olltcegar
16
J: 0. Cregar
WRhit
P , Thomas Laberatory
Plan. & Eval:
Spec. Inv.
SUBJECT SENS TUDY 75 Troining
Legal Coun.
Telephone Rm.
This is to record meeting 0f Task Force (TF) Director Sec'y
leaders with Mr James Wilderotter Associate Counsel to the
President, at the Executive Office Building on 6/13/75 .
Aforementioned meeting was ca lled and chaired by
Nr Wilderotter
1
and was attended by representatives of The
White House Justice, Defense, FBI, C IA and State_ Project
Manager W _ 0_ Cregar and Supervisor J _ P_ Thomas , Section CI-2,
INTD , represented the FBI.
Mr Wilderotter repor ted that the Senate Selec t
1
Committee (SSC ) has agreed to specifically identify a limited
number of "abuse ar 'eas" which it will investigate from top to
bottom. "Notices" should be issued to agencies very shortly
defining cer tain ter ms and specifying the SSC targets _ If
these areas can be fully investigated , with assistance of the
intelligence communi the SSC agrees to not extend its inquiries
beyond the specified areas If the SSC does So limit its 2
inquiries, this will be to the advantage of the intelligence
community in that it will minimize the SSC 's straying into
various nonper tinent matters; the TFs can present the intelli- ~
gence community's side on the topics examined; the TFs should
be able to expedite the Committee' s inquiries and thereby limit
the duration of the SSC investigation.
The FBI has responsibility for the TFs on "Political
Abuses_ M TF leader Insp. H. E. Helgeson, and "Use of Notional 8
Or ganizations, 11 TF leader Supv _ J P Thomas _ We cannot fully
address either topic until receiving the SSC notices defining
the extent of the proposed inquiries_
Contrary to the initial concept of the TFS , they will
not prepare compr ehensive pa pers regarding their topi but in
some areas it may be advantageous for 2 TF to prepare an
"opening statement" type paper for the SSC
Enclosure
ENCL aunj 2-//637
CONTINUED OVER
62-116395 5230z& EE13 SBGRET
JPT:bkb Classifiea by 6875 17 JUN 27
(8) Exempt from SpS , Category Number 2
Date of Declhssification Indefinite
n& {688/18.218.3975609
111
Dep.
Dep.
Com.
ty,
CS ,
~280
REC-JOD
"33-88
VpX
bKb
Page
==================================================
Page 112
==================================================
SECVRET
Memorandum to Mr . W. R. Wannall
Re: SENSTUDY 75
62-116395
The pur pose of the TF and functions of the TF
leaders were discussed _ Briefly, each TF leader is to become
a substantive exper t on the particular topic assigned to him
(e:g. political abuses) , locate a11 documents identify
potential witnesses_
9
develop strategy for pr 'esenting subject
ma tter to the SSC and work to minimize any delays which might
be caused by the Third Agency Rule TF leaders will not
themselves be wi tnesses unless their ac tivities other than as
TF leaders are subjects of testimony. TF leaders will, in
consultation with legal counsel, define terms per tinent to
their topics_ They will outline directly to the SSC staff,
insofar as the SSC is receptive, the scope and direc tion of
per tinent inquiry, who is and is not competent to testify,
wha t documents are available, and what areas may or may not be
per tinent to the Committee 's interests TF leaders will prepare
themselves to be able to answer any inquiries from the
White House on their topics Although TF leaders must know
the location of a11 documents per tinent, the documents them-
selves will be made available to the SSC by the agency having
custody of same and each agency may negotiate with the SSC
regarding access by the Committee to ma terial on a case by
case basis_ The agencies will, of course coordinate first
with their own legal counsel and then with the White House
before releasing documents
On sensitive ma tters such as notional or ganizations
or proprietary organizations , the SSC has agreed that it will
not be necessary for agencies to furnish the names of U S .
citizens and companies who have cooperated wi th the U, S . unless
those persons or companies have received notoriety (e.g. Hughes
Tool Company, Sam Giancana) It is reportedly understood that
agencies must protec t their ongoing operations_ Agenc ies are
free to attempt to negotiate with the SSC regarding the extent
and form of their responses
Attached is a copy 0f an intelligence community staff
memorandum 6/10/75 showing the TF assignments and in the left
margin notes as to the agencies expected to have input into
each subject.
ACTION:
For record pur poses _
SECIET Ra
2
NW 88608 Docld:32989609 Page 112
Wfu)
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Page 113
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SECRET
THE' DIRECTOR OF CENTRAL INTELLIGENCE
WASHINGTON; D. C 20505
Infelligenco Community Staff DCI/Ic-75-0119
June 1975
MEMORANDUM FOR: See Distribution
SUBJECT Memorandum dated,6' June 1975 re
Task Force Assignnents
This memorandum is 2 follow-on to subject memorandum
and in addition to completing the principal officer a8gignme nts also
lists tagk force members assigned by %ther agencies:
Principal Principal Task Force
'Subiect_ Agency Officer Assignments
C IA
'State Absassinations White' House_ Mr. Wilderotter James Gardner,
DOD
IDS 145-7094 State Dept:
IDS 101-29034
CIA
Drug Abuse_ CiA Sayre Stevens Malcolm Lawrence
Tes Of drugs) 'ZDS 143-4303 State Dept.
IDS 101-28694
FBI;CIA He [eeson
W. House Political Abuses FBI dvmr
DofJ- (1964) 234 4605
382kz 4p8+
ALL Domestic Jubtice Martin Charle8 Kane
Surveillance JDS 187-4555 CIA
Incla 27 taps; JDS 143-6777
'Huston etc.)
Verne Mars
AEETE#ANIATTON CONIADED. State Dept. 27ZZ2Z
DTRElnt
IDS 101-29448
nx-b
CLASSIF}ED
BY_ 02BFoS
cxeeirt F3jX CekeriL DecL.is:iFiCATION ~J60
SCli"FeL: (F $. 0. 11333, {xer>rioi: CxTLcORY: 6o2 |l637<-
8 S-(1 0. ( or (") (&iraI: ono Or_moro)
auibntb ,Lly DecL,auylld ON EHICLOSURE
Sesskus
NWV 88608 'Dociaz37989609 Page 113 (bnlese {mboueiblas inuert Jule or_evcut)
Army
ting
Huntere4es
Plan,"
St:
Sisait 10_
==================================================
Page 114
==================================================
SECRET
Principal Principal Task Force
Subject Agency_ Officer Aesignmentg
FBI Electronic Justice George Calhoun William Jone8
C IA (Clarkezur
veillance IDS 187-4401 State Dept.
DOD
and Warrantless IDS 101-20370
Wiretap
FBI Use of" Notional FBI - John 'Thomas
DOD Organizations Eezasog
73ogo?
FBI Use;iof Proprietary CIA Erich -senstead Lee Peters
C IA Ozganizations Green 3240, State Dept.
IDS 101-29403
FBI
CIA Mail Cover and
DOD Intercept Justice Phil White Ersesd T,Rerdanas]
'IDS 187-4674' 'C/A'
Ids: /43-6398
to be' Watch List DoD Benson Buffham
defined
NSA
by SSC)
688-7222
DOD' Army DoD Dr . David Cooke
Surveillance 695-4436
29 Ihe' following officerg from lhe Department' of State have been
named to a8sist in the CIA preparation of comprehensie papera on the"
iollowing geographic and subject &reag:
Greece Jame8 Gardner
IS 101-29034
Dominican Republic Jame: Gardner
IDS 101-29034
Lad8 James Hendergon
" Saet A8ia Bureaw
The Congo Bayard
EDS 104-21504
Indonesia Patricia Barnett
IDS 1 0]-22369
2
NW88608 Docld337989609 Page {14
CIA,
King
==================================================
Page 115
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SFCRET
Katzenbach Report Emerson Brown
IDS 101-21504
3 The proposed DCI' s letter to the Chairman of the House
Select Committee on Intelligence is in final coordination and is expected
to be available for Community review shortly. Following this,
Mr . Wilderotter will meet with the General Counsels t0 review and
coordinate on the final language.
KLyq Tunet
Harriett Mowitt 3 /(4vv
Executive Secretary
USIB Ad Hoc Coordinating Group
cc: Mr . Buchen
Mr . Nills
Distribution:
Mr . Wilderotter
Mr . Latimer
1 Mr . Hyland
Mr . Morell
Mr . 0'Connor
Mr. Cregar
Mr . Knoche
Mr.. Clarke
NI-88608-Docld:32989609 115 ~anrt Page
==================================================
Page 116
==================================================
4-3 2 (Rev. 151173)
Date of Mail 6/12/75
Has been removed and placed in the Special File Room of Records Section.
AIL IFORMATTON CONTADNED
HEREMN 18
DATE
See File 66-2554-7530 for authority.
Subject JUNE MAIL SENATE SELECT COMMITTEE ON INTELLIGENCE ACTIVITIES
7 9 Jun 2 7 1975
Removed By
File Number 62-116395-279
Permanent Serial Charge Out
Doj/FBI
NW 88608 Docld:32989609 Page 116
NYGSgn y
De6
==================================================
Page 117
==================================================
OPTIONAt FORK No. 10
MAY 1962 EDition
GSA FpMR (41 Cfr 101-11.6
Assoc. Dir. UNITED STATES SERNMENT
AD Adm.
AD Inv. Memorandum
1 5 Mr . McDermott-Enc. Ass: Dir::
Admin. 1 Mr . Wannall-Enc.
Comp: Syst.
1 Z Mr_ Mintz Ext. Affairs
TO Mr . J. B. Adams DATE:
82iEnis
Filos & Com.
Gen. Inv.
1 5
Mr. Cregar-Enc. Idont.
Inspection
Legal Counsel 1 5 Mr. Hotis-Enc .
Intell: FROM
1
M
Mr _ Daly-Enc . Loboratory
Legol Coun.
Plan: & Eval:
SENSTUDY 75 Spec. Inv. SUBJECT:
Training
Telephone Rm. On 6-10-75, K. William 0'Connor Special Counsel for Diroctor Soc'Y
Intelligence Coordination, Office of the Deputy Attorney General furnished
Inspector John B. Hotis a copy of a letter from Senator Frank Church (D-Idaho)
to the Attorney General dated 5-28-75 , requesting any files or documents
in the Department or the FBI concerning five members of the Senate Select
Committee on Intelligence Activities: The files requested pertain to Senators
Gary Hart (D-Colo.) Walter D_ Huddleston (D-Ky.= Charles McC . Mathias
(R-Md.) Walter F_ Mondale (D-Minn.) and Robert Morgan (D-N.C.)
Senator Church emphasized that the request is made pursuant to Senate
Resolution 21, which established the Select Committee and not under the
Freedom of Information Act (FOIA)
Mr . O'Connor also provided a draft of a proposed response
to the Senator's letter by the Attorney General: General Levi pledges
cooperation in this matter and suggests that the scope of the request should
be clarified. He also states that while the request is not made under FOIA ,
7
exemptions in the Act indicate the kind of concerns the Committee might I
want the Department to bring to its attention before disclosure is made
6 NThe implication is that certain information in the files
2
particularly materials
which would violate individual privacy may be withheld:
1
5
4
It should also be noted that the Attorney General intends to
advise Senator Church that he is preparing the necessary materials and
E
asks for early discussions to determine how best to proceed. Accordingly _ 18
it is felt that we should promptly review any files that might exist concerning
each of the above-named Senators and be prepared to furnish appropriate
information to the Attorney General upon request:
REC-49
8_4L128V
RECOMMENDATION:
That the FOIA Section, Files and
CoRmunlcZ}ong Division,
institute an immediate review of Bureau files for anydoeuments-or other
records concerning each of the above-named Senators.
Jeicrosuai Tnbriv &p {
Enclosure
NW
DBliaks (
'Be Yf; Savings Bonds Regularly on the Payroll Savings Plan
8868Eo-Qodia::
Dep.
Dep:
EX-115
ackttts
Jeu; NLK
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Page 118
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HcA -
#RAN' CHURCH, IDAI{O, 5, "AIRI
#c2ss
JOHN G. Tower?TcXas; VICz CHAI:
Philip ^. HhRT, MICH: HOWARDO H: BAXER, JR:, TENN; Tt #
WALTER . MOMDALE; MINN: BARRY GOLDWATER; RnIz.
WALTER D. HUDDLESTON, KY: CHARLES McC. MATHIAS,JR:, MD:
ROBET+- MORGAM,N.c, RicharD 5. SCKWEIKER, PA:
Gkry HARTTcdDo;
Dllwited States Senate
O-MILLER, STAFF DirECTOR
FhEoERicK K OSCHWARZ, JR:, CHIEF CQUNSEL SELECT COMMITTEE To R; SMortERs, MINORHTY CCUNSEL _
1. 713 STUDY GOVERNMENTAL OPERATIONS WITH
RESPECT To INTELLIGENCE ACTIVITIES
(PURSUANT To 6. RES. 21, J4TH CONGRESs) 57 {RCE
WASHINGTON, D.C. 20510
28 ,-1975 ET;
Xo
JUn ij $
The Honorable Edwerd H Levi
The Attorney General
Weshington , D C_ 20530 O.LA
Dear Mr Attorney General:
On behalf of the Senate Select Committee to Study Governmental
Operations With Respect to Intelligence Activities , we write to
request the delivery forthwith to the members whose names are listed
in the attachment hereto of any files on, them or docuents concern-
ing ther that are in the possession, custody or control 0f :the
Department of Justice, including the Federal Bureau of Investigation _
This request is made pursuant to the mandate of the Senate,
contained in S Res 21 That Resolution requires uS to investigate
the "conduct of domestic intelligence or counterintelligence opera-
tions against United States citizens by the Federal Bureeu of
1
Investigation or any other Federal agency" _
0
One means of accomplishing this objective is to review the
material, if any , which the Department of Justice has gathered on
members of the United States Senate _ 8
This request is made pursuant to the Comittee mandate and
L
not under the Freedom of Information Act The exemptions t0 that
Act are designed to allow federal agencies and departments the
degree of confidentiality necessary to conduct the ongoing.activities
of the Executive Branch , not to prevent a auly constituted Congres-
'sional Committee from understanding the nature , legality end
propriety of sone of those activities Whether as 8 matter of agree-
nent between the Committee end the Department some material that may
be in any such files should be withheld depends upon an analysis of
the weight of the particular reason forward for the proposed
withholding balanced against the Committee' s need to exercise its
KS1
mandate_
Obviously , material received by the members] of
[BEenBezect oF JuSTcE]
D
A=L INEQRMATTON 8 JUN 6 1975
HErEMN
CONTATND
DATE
'712410;
S3?
(723n14116294-J )k
ECC€ OF
LRAGATE
4
ENCLOSUREI
ANW 88608 Docld:32989609 Page 118
aiylum
REcetved
Jun
JTS
May
1474,
'S
put
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2
Committee would be handled in a secure manner , consistent with the
Rules of Procedure of the Committee end other arrangements for the
special handling of particularly sensitive material
We look forward to recei- the material responsive to this
request as soon as possible
#Ancerely ,
Frank Church
Chairman
John G_ Tover
Vice Chairman
NW 88608 Docld:32989609 Page 119
ving
Ik
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Page 120
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Select Committee_Members_Requesting Files
Senator Hart
Senator Walter D. Huddleston
Senator Charles McC _ Mathias
Senator; Walter F Mondale
Senator Robert Morgan
ALL FRZ
TIRONEAZTOESOHTATTED
EEply
MDp-Ic
b+ -[,398 ~ ]oth
ENCLOSURE]
NW 88608 Docld:32989609 120
Gary
SHEZTZ
Page
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TL 44 uzrc
Dear
I have just today received your letter dated May 28 _
It apparently reached the Department 0f Justice on June 8
II It requests the delivery forthwith to the members whose
names are listed in the attachment hereto Of any files on
them or documents concerning them that are in the possession,
custody, or control of the Department of Justice, including
the Federal Bureau of Investigation_ ""1
The Department wants to cooperate with you on this
matter. But I think we first ought to clarify the scope
Of your request. I assume , for example , that your request
is not intended to encompass copies Of all letters between
the members and the Department _ I would suggest that we can
reach an
understanding
on issues Of this kind by consulta-
tions between
uS.
0
Your jletter
says that I1 Whether as a matter of agree-
ment between the Committee and the Department some material
2
that may be in any such files should be withheld depends upon
an analysis of the weight of the particular reason put forwara
1
for the proposed withholding balanced against the Committee S
neea to exercise its mandate_ II
I take that to mean you would like uS to go over the
files and to raise with the Committee such problems with dis -
closure as may or may not exist. I realize this request is
ALL ZWZOFIR ATON CONTAINED
2 Jt)
HbREWNS UNCLAZSIFTED
DATE I
3B7 Spaumlp
ENCLOSUREK
NW 88608 Docld:32989609 121
8
2-//637s =
Page
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~2 -
not made under the Freedom Of Information Act, but as we
review the material in the file, exemptions in the act
indicate, I think, the kind 0f concerns the Committee might
want the Department to bring to its attention before dis-
closure is made . For example, if material in a file woula
violate the privacy Of an individual other than the member
if it were revealed, woula the Committee insist that such
material be revealed?
We are beginning to prepare the material So that
amd
no time wiil be wasted; Ite I woula like discussions to
quickly So that we can agree on how to proceed_ That
done , I woula think that we coula deliver the documents that
you have requested.
NW 88608 Docld:32989609 122
Hegin
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DTIONALFQIAt No. 10 5010-106
MAY 1962 EDitioN
GSA GEN: ReG_ No. 27
UNITED STATES GOVERNMENT Assoc. Dir .
AD Adm.
Dep. AD Inv. Memorandum
1 E
Mr _ J, B. Adams Asst. Dir.:
Admin. 1 Mr _ J_ A_ Mintz
Comp. Syst. (1
7 Mr . J, B Hotis)
Ext. Affalrs
TO Mr _ W_ R. DATE: 6/11/75 Filos & Com.
Gon. Inv. E. Gebhardt
Ident.
R, Wannall Inspection
FROM W . egar ~ 0. Cregar Intoll:
Heb
E; Horpey F
SUBJECT: ELECTRONIC_SURVEILLANCE F_ Schwartz Spec. Inv.
Training VEGISLATION
'Telephone Rm.
Soc'y
Attached is 2 copy of a memorandum dated 5/27/75 ,
Which Was furnished by the USIB Ad Hoc Coordinating Group
for the Intelligence Community With advice that it bad been
prepared by the Central Inteliigence Agency (CIA) .
The memorandum analyzes current pending legislation
(S, 743 H. RS 141 and A. RS 214) all of Which would repeal
the 1968 Omnibus Crime Control and Safe Streets Act. If
passed Such legislation could Seriously affect the Bureau
and other agencies of the intelligence community.
RECOMNDATION:
Attached memorandum Should be forwarded to the Legal
Analysis Unit of the Office of Legal Counsel for its use in
any analysis that it may be making of the legislation
described above .
Wicwlz
Yn
'ALL WVFORMATION CENTATNIO
LErEMN I8 NIEABSTE/
9NTB BX
"2uul2
Hb
6o '
REC:IOQ
Enclosure
6 2 -1/6 3cs 1 )
EOEeED @ated
L{iqnjg - SEORET' RiateriaL `ATTACHED
32 JuN 27 1975
N8 G6JUN3.7.3975609
Page 123 I77
Dep:
Fannal}uewlavs
0Var
Diroctor
Kat
Tud
KAL Wciusiag
JS:_
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Page 124
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SECHET
Ho"
27 1975
MEMORANDUM
SUBJECT: Electronic Surveillance Legislation
1 Over a dozen bills have been introduced in Congress to date
aimed at restricting electronic surveillance conducted on national security
grounds _ Although impelled by concern for the Fourth Amendment rights of
American citizens the major bills in this area (S _ 743 H.R_ 141, H.R 214)
are characterized by 3 heavy-handed approach which poses a serious threat
to the exploitation of foreign SIGINT sources , both within the United States
and overseas_ (Signals intelligence subsumes communications intelligence
and electronic intelligence.)
2. The 1968 Omnibus Crime Control and Safe Streets Act (18 U.S.C.
2510 , et seq.) established certain procedures which require the Government
to obtain a court order issued on probable cause prior to conducting wire or
oral communication interception in the investigation of certain offenses _ In
section 2511(3) of that Act,Congress specifically disavows any limitation
on
the constitutional powers of the President in national security matters and
recognizes that the President has inherent constitutional authority to engage
in certain foreign intelligence activities:
(n)othing contained in this chapter or in
section 605 of the Communications Act of
1934 shall limit the constitutional power of
the President to obtain foreign intelli-
gence_information deemed essential to the
security of the United States or to_protect
national security information against foreign
intelligence activities - (emphasis added)
The emphasized language implicitly recognizes that foreign intelligence
surveillances may be distinguished from national security surveillances
aimed at the discovery and prosecution of criminal conspiracies 'and activity .
3_ In reliance on these Presidential powers and congressional
recognition thereof, foreign_intelligence signal and communication interceptions
may be conducted within the United States without judicial warrant
ALLDBIDTTORN EECHCOTANMD
ZEzOE
2z2442
62-1l6395-
ENcLoSURE
NW 88608 Docld:32989609 Page 124 Ceerft
M
073*
6/1tw1.24
huul
'1ksy
May
9 *x
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SEGHET
4_ Sentiment that the provisions of 18 U.S.C. 2511(3) (quoted above)_
are incompatible with Fourth Amendment rights has spawned a Senate bill and
over @ dozen House bills (some of these identical) aimed at closing what the
sponsors view as "the national security loophole" in current surveillance laws
A distinctive approach to national security surveillance is taking shape which
would prohibit the use of warrantless surveillance for any reason whatsoever
treating national security surveillance under a single rubric, without distin-
guishing between gathering foreign intelligence on the one hand, and national
security surveillances aimed at the discovery and prosecution of criminality,
on the other
(a) S_ 743 by Senators Nelson and Kennedy would amend
18 U.5.C. 2510, et seq: as follows: First, repeal 18 U.S.C.
2511(3) thereby withdrawing whatever congressional recognition
that section gave the foreign intelligence surveillance powers of
the President _ Second, prohibit intercepting the communications
of an American citizen or alien admitted for permanent residence
until a judicial warrant is obtained issued on probable cause
that a specific crime, e.g. espionage, has been or is about to be
committed . Third, prohibit intercepting the communication of a
power Or its agent until a prior judicial warrant is obtained
by establishing probable cause (a) that such interception is
necessary to protect the national defense (note narrower standard
than national security); (b) that the interception will be consistent
with the international obligations of the United States; and (c) that
the target is a
foreign power Or foreign agent. (A foreign agent is
defined as any person not an American citizen or alien lawfully
admitted for permanent residence, whose activities are intended
to serve the interests of a foreign power and to undermine the
national defense _ Each application for such an interception would
be made to the D C. Federal District Court on personal and written
authorization of the President and would provide detailed informa-
tion on the target, the purposes and justification of the interception _
Upon court approval only the FBI would be authorized to intercept
the communication Fourth, require that every American citizen
targetted be informed of the specifics of the surveillance within a
month of the last authorized interception (This disclosure could
be postponed if the Government satisfies the court that the target
is engaged in 3 continuing criminal enterprise or that disclosure
would endanger national security interests _ A foreign power or
its agent need not be informed of interceptions.) Fifth' require the
Attorney General to report to the Congress at least quarterly, the
details of each interception undertaken on national security
grounds , to be filed with the Senate Foreign Relations and
Judiciary Committees and the House International Relations and
Judiciary Committees .
NW 88608 Docld:32989609 Page 125
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foreign_
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SEGHET
(b) H. R. 141 by Representative Kastenmeier _ Chairman of
the House Subcommittee on Courts Civil Liberties , and the
Administration of Justice, which has legislative jurisdiction for
surveillance, is similar to the above bill_ It would repeal
18 U.S.C 2511(3) and amend Title 18 to permit communications
interception in national security cases under court order
issued on probable cause that an individual has committed one of
several enumerated offenses or is engaged in activities intended to
serve the interests of a foreign principal and to undermine the
national security _ (From the language of the bill, it could be
argued that the foreign agent's activities would have to constitute
2 criminal offense before a warrant could be issued.) The bill
does not mention the communications of a foreign power
Each application for an interception would have to be authorized
the Attorney General and made to & Federal judge of com-
petent jurisdiction The targetted individual would be informed
of the surveillance within ninety days. The President_ Attorney
General and all Government agencies would be required to
supply Congress, through the Senate Judiciary and Foreign
Relations Committees and the House Judiciary and International
Relations Committees , any information regarding any interception
applied
(c) H. R;214by Mr_ Mosher and seven identical bills
co-sponsored by over 70 Congressmen from both parties _ would
prohibit any interception of communications_ surreptitious entry,
mail-opening, or the procuring and inspection of records of
telephone, bank, credit, medical_ or other business or private
transactions of any individual without court order issued on
probable cause that a crime has been committed_ Like S _ 743
and H. R. 141, reviewed above, H.R_ 214 would repeal 18 U.S.C.
2511(3) Unlike the above bills , H.R_ 214 does not provide for non-
law enforcement surveillance _ It would also strike out pro-
visions for summary procedures for intercepting communications
during emergencies and would require that detailed information_
on each application for a communication interception be reported
to the House and Senate Judiciary Committees_
5 . Intelligence_Community Interests: These bills, through
imposing judiciary administration over all surveillance, would impair existing
responsibility to conduct electronic surveillance in gathering foreign positive
intelligence- which now reaches wholly domestic communications , those both
transmitted and received within the United States; wholly foreign communications,
those both transmitted and received abroad; and transnational communications_
international communications received in Or transmitted from the United States_
3
NW 88608 Docld:32989609 126 SECHET
only
by
for
Page
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SEBRET
SIGINT provides & broad range of foreign intelligence ranging from early
warning indicators to the most mundane information The importance of any
Single intercept or series of interceptions cannot be anticipated in advance;
therefore, the probable cause standard and the proposed requirements of
"particularity" are inappropriate in connection with this method of foreign intelli-
gence collection _ (Furthermore, the House bills would impair existing responsibility
for using other intelligence gathering techniques against foreign subjects within the
United States, e.g. medicepts, photo surveillance , etc.)
6 _ Effect on Intelligence_Community_Interests: The bills reviewed above
would severely restrict domestic communications interception for for intelligence
gathering purposes; raise serious questions respecting authority to intercept
transnational communications; and would even raise questions concerning the
foreign intelligence community's authority to conduct electronic surveillance abroad
free from judicial intrusion or other conditions (Moreover the House bills
would restrict the use of other intelligence gathering techniques against foreign
targets within the United States.)
(a) Domestic_Electronic Surveillance: An operation
mounted against a foreign target within the United States to
gather foreign positive intelligence would apparently not meet the
court test unless the specific message targetted involved an anti-
cipated, demonstrable and direct threat to the national defense
S_ 743 explicitly confers interception authority to the FBI alone_
It also explicitly raises the issue of the consistency' of surveillance
with international obligations e.g. the Vienna Convention, and
thus challenges the position taken by the State Department that no
current international obligation precludes targetting foreign
facilities within the United States
'(b) Transnational Electronic Surveillance: Proposed
legislation would apparently subject the interception of trans-
national communications from 3 situs within the United States to
the probable cause standard _ It could also provide grounds for
arguing that interceptions of transnational communications from
facilities outside the United States would be subject to the same
standard _
(2) Foreign Electronic Surveillance: The bills
reviewed above are broadly written and the prohibitions are not
"expressly limited t0 the territory of the United States While the
reach of this legislation should be subject to the built-in limitation
that the authority of a federal court to issue warrants is confined
to its territorial limits repeal of 18 U.S.C. 2511(3) and the
articulation of probable cause standards for foreign intelligence
gathering activities could have a grave impact on overseas
intelligence collection by bringing into play
a body of exclusionary
rule case law (developed in ruling on the admissability in a
Federal criminal trial of evidence obtained overseas by electronic
surveillance) _ Suffice it, here, to say that this could result in
4
NW 88608 Docld:32989609 Page 127
SEBYET
eign
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SEGBET
subjecting overseas foreign intelligence surveillance to the proposed
probable cause standards as a test of the "reasonableness" required
by Fourth Amendment protections_ Moreover this legislation could
raise complex questions in situations where an element of the inter-
ception process falls within the jurisdiction of the federal court, e.g.
the physical presence of the surveillance device. Even if these bills
would not directly affect authority to conduct foreign electronic
surveillance they could ultimately weaken it by raising the
opportunity to argue that this authority rests on three
bases--assertion of inherent Presidential intelligence-gathering
powers congressional recognition and judicial acceptance _ Repeal
of 18 U.S.C . 2511(3) may be viewed as weakening the argument that
Congress has recognized foreign intelligence gathering authority
inherent in the President and delegated to his Executive branch agents _
7 Summary:
~~Proposed legislation would repeal 18 U.S.C_ 2511(3) and would
impose judicial administration of a "probable cause" standard over foreigr intelli-
gence electronic surveillance_ At the very least , this would restrict communications
interceptions against foreign targets within the United States to situations
involving an anticipated demonstrable and direct threat to the national defense _
Also , this would probably subject the interception of transnational communica-
tions_ from either an overseas Or domestic situs, to the same judicial standards _
Finally, this would raise difficult questions concerning the ability of CIA, NSA
and the service cryptologic agencies to conduct electronic surveillance overseas
against foreign targets without conforming to the standards of Fourth Amendment
"reasonableness" articulated in this legislation _ In sum enactment of proposed
legislation would severely restrict the collection and processing of foreign
SIGINT and would seriously impair the production of all-source intelligence.
repealing 18 U.S.C . 2511(3) and by introjecting the judiciary
into the field of foreign intelligence gathering_ proposed legislation raises a
constitutional challenge insofar as it purports to withdraw sanction of and
place limitations on the President's inherent power to conduct foreign
'surveillance _ This infringement could undermine the Executive sources of
authority upon which' the intelligence community depends . To be sure, the
proposed requirement of_ judicial authorization of foreign intelligence
surveillances is altogether impractical _ But the fundamental constitutional
objection is that it purports to share Executive authority with judicial officers
having no expertise in
or responsibility for national security or foreign
affairs_ The necessity of & foreign intelligence surveillance is simply
inappropriate for judicial resolution It is a matter committed to the Executive
branch by the Constitution and an area for which there are no judicially
manageable standards _ An arrangement by which federal judges decide
what foreign intelligence the President may have in his conduct of foreign
5
SECRET
NW 88608 Docld:32989609: Page 128
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_By
prior
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SECRET
relations is incompatible with the Chief Executive's inherent foreign
intelligence gathering powers _ Since this Presidential authority is
constitutional in nature and stems from a fundamental separation of
governmental powers, a Congressional attempt to require its sharing
with the judiciary would certainly lead to protracted constitutional
litigation _ Moreover Congress implicitly authorized the use of elec -
tronic surveillance in: foreign intelligence activities and this legislation
would circumscribe the very functions which Congress intended the
Agency to perform
NW 88608 Docld:32989609 Page 129 sfe?fT
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')
3 Bn Mr A_ Mintz
(Mr , J_ B_ Hotis)
(Mr _ P V Daly)
1 Mr . W_ RS Wannall
1 Mr _ W_ 0. Cregar
The Attorney General June 4, 1975
1 e Mr . E. W . Larson
Director
9'
FBI
UNITED STATES_SENATE -SELECT_COHKITTEE
ON INTELLIGENCE ACTIVITIES
Reference is made to my letter dated 6, 1975,
enclosing
a menorandum, sane date, which proposed that an
TBI position paper dated July 31, 1972, be withheld from the
Senate Select Committee on the basis that it was considered
to be an internal deliberative document.
Reference i8 also made to 2 conversation May 28 ,
1975, between Deputy Assistant Attorney General K. William
0'Connor and Special Agent Paul V _ Daly during which
Mr _ 0'Connor advised that it was the Department of Justice
decigion to make the July 31, 1072, position paper available
to the Senate Select Committee In view of this decision,
we will make this document available for review at FBI
Headquarters _
Attached for your approval and forwarding to-the
Comnittee is the original of a
nemorandum advising the Committee
0f the availability of the July 31, 1972, position paper. A
copy of this memorandun is enclosed for your rocords _
Enclosures 2 AIL JTO7"FATTC CONTTAINED
HEREI I8
1Es14k
62-116395 Onni01eN6
nJ
1 5 The Deputy Attorney General
Attention: K. Willian 0'Connor
Special Counsel for
Intelligence Coordination
Assoc. Dir.
Dep. AD Admj
b2 - Ill
Dep: AD
EWL: ekw/Ihb/hb
REC-100
Asst. D (10)
SEE NOTE PAGE
Admin.
0a4m Syst,
Ext. Affairs
TFd8
Files & Com.
27 4975
Gen. Inv.
1Z4N
Ident.
Inspection
Intell.
Laborotory
Plan. & Eval
Spec. Inv.
Training
Legal Coun:
Telephone Rm_ Ru" tesd8ROera:975884Fage TEHETYPE UNTT
(sesz
Jro9+hse
Vf
May
06
375-277
Iny_
'2 `
IY
Comp. %=
'T5h6
elm
Smhs"
Woc
~
==================================================
Page 131
==================================================
The Attorney General
NOTE
By memorandum 5/6/75 , we advised the AG that the
position paper in question Ves an internal deliberative document
mhich wEs the direct basis for 2 formal statement on FBI
authority to conduct internal security investigations embodied
in a memorandum from the Director FBI, to the AG dated
8/7/73 _ On this basis, Fe
felt it
was inappropriate that
the requested position paper be made availeble to the SSC _
In conversation betieen Deputy Asgistant Attorney
General 0' Connor and SA referred to above 0'Connor
indicated that it Fas the decision 0f the Department to make
this paper available to the SSC , Since we have already expressed
our position concerning the paper to the AG, it does not appear
that there would be any purpose served disputing his decision_
However , since it is an internal deliberative document , it is
felt that the paper should be made available for review rather
than given outright to the SSC . Also, Fe are setting 2
condition that no notes be taken during the initial review ,
subject to negotiation of further requests by the Committee _
2
MW 88608 Docld:32989609 131
Daly,
Page
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Page 132
==================================================
3 T Mr _ J Mintz
(Mr . J_ B. Hotis)
(Mr _ P V Daly)
1 Mr . W RS Wannal1
1 Mr _ W 0_ Cregar
1 4
Mr _ ES W _ Larson
62-116395 June 4, 1975
UNITD 8TATES SENATE SelECT COMMITEE
To STUDY GOVERMMENTAL OPERATIONS WITI
RESPECT TO INTELLIGEICE ACTIVITIES
RE: IEGAL AUTHORITIES ALL INMORHATION CONTADD
ETRwn I8 NNCL489,23.B1
DATB BX
ndr
Reference is made to Ictter dated March 19, 1075,
to the Attorney General from tbe ChaIrmon Qf captioned
Committee, which enclosed certain requoats Ror dacuments and
othor informtion from tbe Federal Bureau 0f Investigation (TBI) .
Under Legal Authordtiee: 2 generel request was
nade' for menoranda d13cu3STng the |egal utbority of the FBI t0
(1) investigate Internal Becurity mattere , (2) collect intel-
iarence Information, and (3) engzge In counterintelligence
activitics _ Material responsive to this request 1728 delivered
to the Comnittee during April, 1975.
8ince the recefpt 01 tbe nbove-mentioned materiol,
the Committoe has tndtcated 2 specific Interost in & position
paper dated July 31, 1072, discusstng thc
{" 'Scope 0f IBI
Authority, Jurisdiction and Responsiblltty in Corestic
Intelligence Investlgattons _ This paper bag been located ana
will be avatlable for revier at TBI Headquarters by Mr John
Mllifi ondor Ur. Mark Gttonsteln of the: Comnittee etnff.
4
Our positlon i5 that the July 81, 1072, poper 18 an
internal doliberative docunent the contentz of wbich wore
refined In 0 fornal statenent on FBI outhority to conduct
internal security investigntions embodied iu 1 memorandum Erom
tho Director, FBI to the Attorney General, dated August 1973 _
4 copy of this lotter document has been madd availablv to tha
Assoc. Dir: _
Comaittee Under these circunstances, Fe rould request tna&
Dep. AD
tho July 31, 1972, docunont be reviered in this contert end
Dep. AD Im tbot no notes be taken during this Initial rovicm_ Should thin
Asst. Dir,;
Admin:
arrangenent be unsotisfectory to the Counittee, upon complation
Syst. 02 the initial review ve Vill certainly considor eny furthor
Ext. Affairs request for the document #n 2 paraphrase form acceptablo to
Files & Com.
Gen. Inv.
tho Cornittee.
Ident.
Inspection The Attorney General
Intell.
Loboratory
(V
Plan. & Eval_
EWL: ekw/Lhb Ihb Qun
Spec. Inv. (9)
Tro
JrelosEzz
Legal Coun_
Telephone Rm. 27
Director Sec'Y MAIL ROOM #n TELETYPE UNIT
3 4~-(
GPO 934-546
NW 88608 Docld:32989609 Page 132
1."
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140 1-21-74) FEDERAL BUREAU OF INVESTIGATION
WASHINGTON; D. C. 20535
SENATE SELECT COMITTEE
614
LTR LHM Memo Report dated
5g0/75
U,S Senate Select Comittee to
Caption of Document: Govt_ Operations with Respect to
Intelligence Activities _ Re: Legal
Authoritles
Originating Office FBI
Delivered by:
k "Eon
Date:
4stzs_
Received by:
Ei_Seh6k
Title:
1LZZ UnsA
Return this receipt to the Iatelligence Division, FBI
A DFORMATION
DAEERLORMAJIONS IMADTE '
DATE LiS@c
ma-
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(Rev .
Addressee:
Study
Wfhon 6
LD Sshelbx
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POSITION PAPER
DOMESTIC INTELLI GENCE DIVISION
SCOPE OF FBI AUTHORITY JURISDICTION
AN D RESP ONSIBILITY In DOMESTIC
INTELLIGENCE INVESTI GATIONS
ALL INFORMATION" CONTATNID
HERED
DATB
EZSznl
m)l;6 Th omas J _ Smith
Chie f, Res earch Section
Domestic Intelligence Di vision
July 31 , 1972
2 _ //6
ETCLOSURE
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TABLE 0 F CONTENTS
Page
Background _
Authority Derived Presidential Directives
Authority Conveyed Even Be fore 1939 Directives
3
Presidential Directives Subsequent to 1939
Implementation o f 1939 Directive 8
ansion of Authority Contained In
1939 Directive 10
Directives Supplemented or Superseded by Statutes 11
Validity 0 f the Smith Act 11
Directives Versus Legislative Enactment 12
Investigations Under St atutory Authority 15
Preventive Investigations 16
Intelligence Investigations 1 8
Executive Order 10450 18
Statutory Authority and President ' s
Constitutional Power _ 20
Special White Hous e Request 22
Need for Current Executive Order_ 23
Deve'lopment of Investigative Policies 24
Preventive Investigations 26
Intelligence Inves tigations and Civil Liberty 28
Interpretation 0 f Authority by Substantive Sections 2 8
Extremist Intelligence Section Views 2 8
Nationalities Intelligence Section Views 30
Internal Security Section Views 32
Revolutionary Activities Section Views 34
Official Reco_ tion o f Intelligence Investigation 37
Former Study o f FBI ' s
Investigative Responsibilities 37
Recent Executive Intent 39
Conclusions 40
Recomnendations 42
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SCOPE 0 F FBI AUTHORITY
JURISDICTION AN D RESP ONSIBILITY IN
DOME STIC INTELLI GENCE INVESTIGATIONS
BACKGRO UND
Over the past S everal months there have been an increasing
number 0 f pub lic statements made from v-arious quarters questioning
or contesting authority and jurisdiction 0 f the FBI to conduct
domestic intelligence-type ' investigations particularly where
there is n0 clear-cut' legis lative authority apparent - On e 0 f the
m Os t searching inquiries Was contained in a paper presented by
Profes S or John T Elliff at a two-day conference at Princeton
Un iversity in October , 1971 , spons ored by the Committee fox Public
Justice_
Profess or Elliff addressed hims elf to the matter of
FBI authority derived from legis lative enactments as oppos ed to
that derived from Presidential directives He went into s ome
detail 1n connection with the Presidential directive issued by
President Rooseve lt in September , 1939 , which was subsequently
reiterated on three occasions Elliff questioned whether Roos eve lt
'was even aware that he w as shifting FBI authority from congression2l
enactment to Presidential directive when he issued the Sept emb er ,
1939
2
directive since he probab ly as sume d he had granted such
authority in 1936 when he requested intelligence investigations
0 f fifth columnists Elliff accused the FBI of magnifying the
Septemb er, 1939 directive into a definitive order
Over a long period 0 f time Senator S am J , Ervin has been
probin g into the nature an d extent 0 f FBI gathering and retention
of domestic intelligence information In April, 1971
Senator Ervin made a reques t of the Department of Justice to
furnish detailed information concerning the Department ' s (the FBI ' s )
policy an d practice on investigating and reporting the political
beliefs and activities of pers ons not un der investigation for
violating the la1s 0f particular interest was specific infor-
mation on the constitutional authority and POwve r exercised the
Executive Bran ch to conduct such investigations
Subsequent ly , Senator Ervin announced that h e intended to
propos e legis lation t0 prohibit the FBI from investigating any
Pers on Wvithout his cons ent , un es s the Government has reas on to
believe that pers0n has committed a crime or is about to co mmit
a crime Other Congres smen have either introduced or announced
plans to introduce legis lation or resolutions calling for special
activities , particularly in the area of domestic intelligence
operations
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Bas ed on thes e deve lopments it be came apparent that
an in-depth study was in order t0 clarify any mis conceptions
which mi ght have grown up concerning the s cope 0 f FBI intelligence
and investigative authority , particularly where it concerns
domestic organizations and/or individuals A detailed an d
e xhaustive s tudy has n Ow been completed, and the following is
the result of that study _
AUTHORITY DERIVED PRESIDENTIAL DIRECTIVES
In the testimony 0 f the late Director J. Edgar Hoover
before the House Subcommittee on Appropriations on March 2 , 1972 ,
under the subject 0 f justifications on page 2 the statement is
made that "The FBI ' s responsibilities in the domestic intelligence
field are authorized under legis lative enactments , Presidential
directives an d instructions of the Attorney General They include
investigative jurisdiction over matters relating to espionage ,
counterespion age , s abotage
> treas sedition, subversion , an d
related internal s ecurity functions Subjects 0 f inves tigation
include the activities of the Communist Party USA, communist
front groups and other totalitarian organizations including
individuals or groups wh 0 are a lleged either to s eek overthrow
0f the Gove rnment 0 f the United States by force or violence or to
conspire against the rights of citizens M Similar 1anguage has
appeared in Mr . Hoover' s testimony in prior years
It is as sumed that the Presidential directives re ferred
to in Mr _ Hoover ' s testimony are (1) Directive dated Septemb er 6 ,
1939 and reiterated January 8 , 1943 , July 24 1950 _ and
Decemb er 15 _ 1953 ; (2) Executive Order 10450 dated April 27 , 1953
(and amended but not yet implemented by Executive Order 11605
dated July 2 , 1971) .
It is believed that there is a misconception concerning
the extent 0 f jurisdiction or authority which W as conveyed to
the FBI by the Presidential directive dared September 6 , 1939
A11 0 f the succeeding directives appe ar to b e hinged on the one
issued in Septemb 1939 There fore , the language of that first
directive becomes a very import ant issue Perhaps even more
important are the circumstances leading up to the issuance 0f
that directive an d the intent of the President at the time
it was issued.
Prior to the issuance 0 f the Septemb er , 1939 , directive
President Roosevelt issued a statement or confidential directive
to the heads of -the various Government Departments on June 26 ,
1939 which stated , "It i5 my desire that the investigation 0 f
a11 espion age , counterespionage , an d s ab otage matters b e controlled
an d handled by the Fe deral Bureau 0 f Investigation 0f the
Department of Justice the Mi litary Intelligence Division 0 f the
War Departmcnt , an d the Office o f Naval Intelligence 0f the
Navy Dcpartment Th e Directors 0 f thes e three a gencies are to
function as a commi ttee to coordinat e their activities
2
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"No investigations s hould be conducted by any investi-
gative agency 0 f the Government into matters involving actually
or potentially any espionage, counterespionage , or s ab otage ,
" except by the thre e agencies mentioned ab ove _
"I shal1 b e glad if you will instruct the heads 0 f a 11
other investigative agencies than the three named , to refer
immediat ely to the nearest office of the Federal Bureau 0 f
Investigation any data, information or material that may come to
their notice bearing directly or indirectly on espionage ,
counterespionage , or s ab otage _ 11
It is to b e noted that in this statement or directive
the lan guage , with the exception of the word "counterespionage "
deals with matters coming clearly within legis lative enactments
The September , 1939 , directive stated, "The Attorney
General has been requested by me to instruct the Federal Bureau
0 f Investigation of the Department 0 f Justice to take charge of
investigative work in matters relating to espionage , 5 abotage ,
an d violations 0f the neutrality regulations
"This task mus t b e conducted in a comprehensive and
effective manner on a national basis
9
andal1 information mus t be
care fully sifted out and correlated in order to avoid confusion
and irresponsiblity_
"To this end I reques t al1 police officers , sheriffs ,
and a11 other 1aw enforcement officers in the United States
promptly to turn over to the nearest representative 0 f the Federal
Bureau 0 f Investigation any information obtained by them relating
to espionage , counterespionage , S ab otage , subversive activities
and violations o f the neutrality laws "i
In this do cument it is particularly important to note
that the language says the FBI is to "take charge of investiga -
tions" an d not "ass ume jurisdiction" or "have authority to
investi gate" matters relating to espionage, sabotage an d
violations 0 f the neutrality regulations The statutory authority
to inves tigat e the enumerated crimes was already present , but the
directive fixed responsibility for the FBI to conduct the
investigations In other words this directive conveyed no
authority not already Poss es s ed by the FBI legislative enactment
but merely es tab lished that n0 other investigative agency should
handle the matters
3
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Th e last paragraph o f this particular directive , which
was actually a reques t of' all 1oca1 law enforcement agencies ,
used the words "counterespionage " and "subversive activities 11
However , the context of the statement appears to merely be
designed to broadly de fine activities which mi ght touch on the
national s ecurity 5 0 that a11 such matters , irrespective of the
legal definition or name , would be turned over to the FBI
A logical conc lusion , based pure ly on examination of
the language used in the September, 1939 directive, is_ that
the directive merely put everyone on notice that the FBI had the
responsibility to inves tigate the s tatutory crimes named ; that
it Provided n0 s 0 - called "constitutiona1" or "executive
authority" for the FBI to investi gat e matters n 0 t covered by
Le_gis lative enactment This is not to s ay that the President
has n0 s uch cons titutional authority (he has ) , but only that it
was not exercised here
As a matter of particular interest, Profess or Elliff,
in ques tioning wh e ther President Roos eve lt W as aware that he
was shifting FBI authority from Congres si ona 1 enactment t0
Presidential direccive since he assumed that he had granted such
authority in 1936_
> was at leas t half correct Whi le n0 shift
of authority appears to have occurred as a result of the 1939
dircctive
9 We heve historical evidence to sh ow that the President
instructed the FBI to conduct subversive intelligence-type
inves ti gations of radicals in 1936 In this regard, there app ears
to be little doubt that Roosevelt conveyed S ome degre e 0 f
Executive authority to the FBI
AUTHORITY CON VEYED EVEN BE FORE 1939 DIRECTIVES
Confidential memoran da written by Mr _ Hoover in Augus t
and Septemb er, 1936 _ clearly reveal that President Roos evelt was
very conce rned about the s ubversive activities 0 f fascists an d
communists in the United States and discussed the matter with
Mr . Hoover during pers onal m e etings Thes e memoranda indicate
that President Roos eve lt was obvious ly cogn i zant 0 f the lack 0 f
statutory authority to conduct intelligence- type investigations
o f fas cism an d communism _ Yet, the President desired the FBI to
con duct s uch investigations Mr Hoover pointed out that the
FBI appropriation contained a provision for the FBI to conduct
such inves tigations if s uch matters Were referred to it by the
Department of State The President was hesitant of having 2
formal reques t come through Stat e Department , however , becaus e
of the many leaks in the Stat e Department .
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However , during a meeting be tween the President ,
Mr _ Hoover an d the Secretary of State on Augus t 25 _ 1936 _ the
Secretary of Stat e did ask the FBI to conduct investigations 0 f
Fascist and Communist activities , under the provisions 0f the
Appropriations Act In the dis cussion preceding the request ,
however, it mus t be noted that the President s tressed the fact that
fascism an d communism Were international in s cope , and that
communi s m in particular was directed from Mos COw ; that this was a
matter which fe11 within the 5 cop e 0 f foreign affairs over which
the State Department would have a right to request an inquiry to
be made
According to the information presently avai lab le ,
President Roos eve lt agreed to place a han dwritten memorandum 0 f
his own in the White Hous e s afe concerning the request 0 f the
State Department for inves tigations 0 f fas cism and comnmunis m _ The
Pres ident asked Mr Hoover to speak to the Attorney General about
che matter an d that the Secretary 0f Stat e a ls 0 discus s the
technique t0 b e followed With the Attorney General Mr Hoover
recorded that he did inform the Attorney Gen eral on September 10 ,
1936 , 0 f a conference he had with the President on September 1,1936 =
at which time the Secretary o f State was present , and at Which time
the Secretary of State at the President suggestion requested
of Mr _ Hoover to have investigations made of the subversive
activities in this country including communjsm and fascism
The Attorney General Verbally directed Mr _ Hoo ver to proceed with
che inves tigations and to coordinate thes e matters in the
possessi on 0 f the Military Intelligence Division, the Naval
Intelligence Division and the State Department Mr . Hoover
considered this the authority upon which to proceed_
The circums tances surroun din g the manner in which the
President had the State Department request investigation very
likely explains the September , 1939 directive did not contain
any language relating to s ubversi ve activities President Roosevelt
was fully aware that the FBI was already conducting confidential
investigations 0 f the activities 0 f fascists and communists who
represetned a threat to the nationa l security at that time There
was ob vious ly a private and understandab le confidential agreement
between a11 interested parties , including the other Federal
investigative agencies who had an interest _ There was n0 need
to mention subversive activities in the first part 0 f the directive
since the pertinent Federal agencies were already on notice and
local agencies Would turn over a11 matters relating to the
national security
5
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Bas ed on the foregoing, reliance on the September, 1939 _
directive or even the earlier confidential arrangement Worked
out by the President , whether considered a Presidential direct ive ,
Pres idential mandat e , or s ome other manifestation of Executive
power, for current investigat ive authority appears to b e unwis e
Placing the 1939 directive an d the earlier arrangement in their
proper perspective is very important. Both Were laid in a period
wh en the world was on the brink of World War Ii Th e concern for
national s ecurity was related to two international movements There
were n0 laws , such a5 the Smith Act 0 f 1940 or the Internal
Security Act of 1950 Although there were undoubtedly S ome pure ly
Ame rican groups which received no direction or contro] from abroad ,
there was n0 nationa] cor +rn for indigenous anarchists or other
groups desiring to overthrow the Government _
PRESIDENTIAL DI RECTIVES S UB SEQUENT To 1939
As mentioned previous the directive dated
September 6 , 1939 was reiterated subs equently directives
dated January 8 . 1943 ; July 24 , 1950 ; and December 15 _ 1953 _
The directive dated January , 1943 , sign ed by President Roos evelt ,
was s imply a reaffirmation o f the earlier 1939 directive and
Was broadened only to the extent that it called on all patriotic
organizations and individuals as We 11 as 1ocal 1aw enforcement
officers to report information to the FBI _ The, July, 1950 ,
directive , si gned by President Truman , contained the phras e
"subversive activities and related matters , M which on the
surface_ would indicate that President Truman intended to broaden
the scope_ 0f authority it might convey to the FBI _ However ,
clos er examination reveals that the Truman directive actually
misquoted the earlier two directives of President Roos evelt and
included the phrase "subbversive activities and re lated matters"
which did not appear in the Roos evelt directives
Since n0 information is a vai lab 1e concerning Executive
intent behind the issuance of the 1950 directive , it cannot be
determined whether President Truman was aware 0 f the possib le
additional authority he might have conveyed to the FBI as the
result 0 f chan ging the language 0 f the two prior directives to
include the phras e "subversive activities and related matters M
The fact of the matter is
>
the United States was at the
time engaged in the "police action" in Korea and there Was
unques tionab ly a great deal of domestic subversive activity
at the time mos t 0 f Whi ch could be traced t0 the Communist Party .
We d0 know that President Truman sign ed the 1950 directive
on the advice o f the National Security Council
The re is on e do cument avai lab le which tends to reveal
the concern President Truman had relative to increased s ubversive
activity involving domestic cases In a letter dated July 17 ,
1946 , the Attorney General s aid he fe lt that in the troubled
period in international affairs , accompanied by an increas e in
6
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subversive activity at home , it was imperative to us e special
investigative me asures (wire taps ) in domestic cases Mr Truman
concurred with the Attorney General and authorized the special
investigative measures
There is 0n e important point , however, which bears on
any
feelings President Truman might have had on the issue of
domestic subversive activity When the Congress passed the
Internal Security Act 0 f 1950 , consisting of tw0 sub chapters ,
Truman vetoed the bi11, citing as a reason that Title Ii 0f
the Bill The Eme rgen cy Detention Act constituted a threat
to the democratic proces s In "Th e American Constitution
Its Origins and De ve lopment" Alfred H_ Ke lly an d Winfred A _
Haris on , the authors declared that President Truman roun dly
condemned the Internal Security Act as gross ly unconstitutional
They said that his veto mess age called the registration provisions
of the law "the greatest danger to freedom of press
9
speech an d
as semb ly since the Sedition Act of 1798 . " A drastic n ew sedition
statute, derived from the earlier Mundt-Nixon bi11 which was
bottled up 1n the Senat e Judiciary Commi ttee in 1948 , was
incorporated in the Internal Se curity Act Mr Truman thought
the phras e prohibiting a pers 0n to "substantially contribut e"
to the estab lishment 0 f a totalitarian dictatorship S 0 vague as
to cast graVe doubts upon whether it met the standards of accuracy
necessary for due proces s in criminal statutes These authors
did not even touch on the emergency detention s ub chapt er 0f the
Act The political climate at the time , however , in 0f
President Truman censure and veto , was such that the Internal
Security Act was pas s ed over the veto and became law
While the 1950 directive of President Truman incorrectly
stated "On September 6 , 1939 , and January 8 1943, a Presidential
Directive was issued providin g that the Fe deral Bureau of
Investigation 0 f the Department o f Justice should take ch arge
of investigative work in matters relating to espionage s abotage ,
subversive activities and related matters II the directive issued
by President Eisenh ower on De cember 15 , 1953 , s aid nothing ab out
the FBI being responsib le for s uch matters Rather
9
the 1953
directive began by stating, "On September 6 , 1939 January 8
1943 , and July 24 , 1950 , Presidential Directives were issued
requesting al1 enforcement officers , both Federal and State,
to report promptly al1 information relating to espion age
2
s ab ot age ,
subversive activities , and related matters to the nearest
representative o f the Fe deral Bureau of Investigation M
This 1anguage can , o f cours e, be interpreted to mean
that the FBI is responsib le for investigating these matters
otherwise the directive would not have noted that enforcement
officers were requested to furnish a 11 information to the FBI _
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The 1953 directive actually did not reiterate either 0 f the
three previous directives @ xcept for the langua ge quoted above
Ins tead , it cited the FBI ' s respons ibility to investigat e al1
violations of the Atomic En ergy Act an d requested a11 patriotic
organizations an d individuals as Well as a11 enforcement officers
to report violations 0f the Atomic En ergy Act to the nearest
repres entative of the Federal Bureau 0f Investigat ion
IMPLEMENTATION OF 1939 DIRECTI VE
A1l o f the foregoin g documents have obvious ly been
subject to various interpretations However the language mi
be interpreted , the Sept ember , 1939 directive was implemented by
the FBI and Congress was made fully aware of the extent 0 f
investigative activity the FBI was conducting as a result o f the
directive In Mr _ Hoover' s testimony on November 30 , 1939 in
connection with an emergency s upp lemental appropriations bil1
he s aid, "In Septemb er , 1939 , W e found it neces s ary to organize
a General Intelligence Division in Washington _ Th e es tablishment
of,this division was made necess ary the President ' s proclama -
tion directing that a11 complaints of violations 0 f the national
defens e statutes and procl amations be reported to the Federal
Bureau of Inves tigation This division now has compiled extensive
indices o f individuals
>
groups , and organizations engaged in
subversive activities , in espionage activities , or any activities
that are possib ly detrimental to the internal security 0 f the
United States
"The indexes have been arranged not only alphabetically
but als 0 geographically, S 0 that at any time , should W e enter
into the conflict abroad , We would be to g0 into any 0 f
thes @ communities and identi fy individuals and groups who mi
be a s ource 0f grave danger to the s ecurity 0 f the country . It
During the s ame testimony Mr . Hoover was asked if any
of the funds b eing reques ted in the emergency supp lemental
appropriation Would be spent for any 0f the purposes for which
funds were denied at the previous S ession Mr Hoover ~replied
they would not; that the entire S um would be spent for intelli-
gence work
Subsequently , in June_
>
1940 , Mr _ Hoover again testified
be fore a Hous e Sub committee on Appropriations At that time h e
referred to his appearance before the committee the previous fall
wherein he testified that authority had been requested to S et up
a separat e division with the FBI to handle national de fens e
matters un der an assistant director_ Mr Hoover offered a chart
showing the organ izational structure of five divisions 0 f the
Bureau, one of Which h e referred to as the National De fens e
Division He s aid that this Division would handl e and direct a 11
investigations dealin g with espionage , s abotage , national de fens e
matters , and violations of neutrality s tatutues
8
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Mr . Hoover testified that in line With the President 's
order of the previous September (September 6 , 1939 ) there had
been clos e coordination 0 f a11 the intelligence S ervices _ He
pointed out that the President , on September 6 , directed the FBI
to coordinate the functions on national de fens e matters in
intelligence work Mr Hoo ver als 0 re lated that he wanted to
refer to a general intelligence index which he had mentioned in
previous hearings He s aid that that index included the names
of persons who might b ecome potential e nemi es to our national
securi s uch as known espionage agents , known S abotuers
9 leading members 0 f the Communist Party , and the bund _ He
explained that this index had been compi led very carefully , an d
it was confined s olely to pers ons engaged in activities detrimental
to the United States
Later, on February 19 1941
>
When Mr. Hoover appeared
before Congres s in connection with a deficiency appropriations
bill for 1941
9
he went into S ome detail concerning the activities
of the FBI prior to the then national e mergency In respons e to
a ques tion concerning this , Mr Hoover replied that prior to the
emergency our activities covered general ly the inves tigation 0f
a11 Federal statutes except count erfeiting, narcotics income
tax
9
and pos tal violations FBI jurisdiction, h e s &id, included
kidnaping, extortion , b ank robbery , white s lavery , motor vehicle
theft impers onation 0 f Government officers , frauds against the
Government , antitrust investigations
9
etc .
Mr Hoover then incorporated into the record a list 0 f
major crime 1aws pass ed be tween 1934 and 1941 , sh owing the
legislative jurisdiction 0 f the FBI during the period. With
the exception of nine 0 f thes e laws a11 dealt with criminal-type
violations of 1aw The exceptions included a prohibition on
the exportation 0 f arms an d ammunition to Spain during the civil
War; the prohibition 0 f making ph otographs sketches 0 r maps 0 f
vital military and naval defens e installations; the Hatch Act ,
which among other things related to emp loyment of individuals by
the Gove rnment who were memb ers o f political parties advocatin g
the overthrow 0 f the Gove rn ment; amendment o f the act requiring
re gistration o f agents 0 f forei gn principals; the Neutrality Act
0f 1939 ; amendment 0 f the Espionage Act ; the Smith Act of 1940;
act requiring registration o f certain organizations (Voorhis Act) ;
an d an amendment to the Sabotage Act There was a special note
listed under the amendment 0 f the act requiring registration of
agents 0 f foreign principals This called attention to the Presidential
directive dated September 6 , 1939 From this structure inference
can be drawn that the directive was related to this amendment
9
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EXPANSI ON 0 F AUTHORITY CONTAINED IN 1939 DIRECTIVE
Further in his testimony Mr Hoover was asked if any other
agencies of the Government were coverin g the s ame Work that
emergency employe es 0 f the FBI Were covering. He replied that
he would like to l.eave the committee a pub lication 1isting the
statutes , procl amations and Executive Orders pertaining to
national de fense matters He then stated that the President in
1939 directed that a11 inves { ations dealing with espionage_
s ab ot age , S ubversive activit an d national defense activities
2
would b e handled the FBI {' ~~ept those arisin g within the
Army or Navy _ He Went on to $ay that other 'governmental agencies
were instructed un der this Executive order to report to the FBI
any information showing any violation dealing with national
de fense matters
No Executive Order could be located which contains the
lan guage us ed Mr _ Hoover in this instance He migh t have
be en referring to either the directive or statement made
President Roos evelt in Jun e , 1939 or the directive dat ed
September 6 , 1939 However,. the ab ove-quoted language is mu ch
L broader than used in either of these documents
In considering the full impact 0f the June and September ,
1939 Presidential directives and how they subsequently influenced
FBI jurisdiction an d responsibility, it mus t b e borne in mind
that the Nation was at the very brink 0 f World War Ii President
Roosevelt issued a procl amation on September 8 , 1939 dec laring
that state 0 f national emergency existed in connection With the
observance s afe guarding, an d enforcement 0 f neutrality, and
strengthening 0 f the national de fens e within the limits of peace ~
time authorizations An Exe cutive Order (No 8233) dated September 5 ,
1939 prescribed regulations governing the enforcement 0 f the
neutrality of the United States Th e War Department , Navy Department ,
Treasury an d Commerce Departments
9
and the Governor of the Panama
Cana1 Were assi gn ed certain enforcement duties The Justice
Department (FBI) was given responsibility 0 f enforcement 0f the
neutrality 0 f the United States not especially desi gnat ed to other
departments , independent offices and es tab lishments 0 f the
United States Government , and prosecution of violations 0 f the
neutrality of the U . S .
Unquestion ab ly in time of national emergency the broadest
possib le interpretation was being applied to every statute. res 0lu-
tion, proclamation , Executive order, Presidential directive or other
lawful order or man dat e in the interest 0 f the preservation of peace,
the n ational de fens e an d general We 1 fare of the country Undoubt edly
there are many other documents recording Executive intention ,
10
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Executive instructions concerning broad _ swe eping authority for the
FBI , which cannot nOW be found for one reas on or another Certainly
there is indication that at least President Roosevelt had more than
one convers ation with Mr _ Hoover concerning the necessity for the
FBI to conduct investigations beyond the statutory authority it
normally us ed .
DIRECTIVES SUPP LEMENTED OR S UPERSEDED BY STATUTES
Eventual h O1ever , there were legis lative enactments
which broadened the s cope of our statutory authority, increased
our 1ega 1 jurisdiction an d added to our investigative responsi -
bility. Following the Septemb er , 1939 , directive which has
been us ed as a S urce o f FBI authority to conduct certain types
0f domestic intelligence investigat ions the Smi th Act of 1940
became 1aw Several succes s ful prosecutions resulted from the
Smith Act , although S ome parts 0f i% were invalidated by the
Supreme Court The revised statute (Title 18 , U.S.C . 2385) remains
on the books an d is enforceab le
Legal Counsel ' s 0ffice analyzed Title 18 , USC 2385 ,
in June, 1972 It Was not ed that this statute contains the
subs tance 0 f the original Smith Act The Hous e 0 f Representatives
Committee on Judiciary , Report No . 1869
2
74th Congress
First Session , made clear the purpose 0 f the original
"The reported bi 11 is bas ed on the natural right o f
self-pres ervation inherent in every government _ It simp ly
authorizes the exercise of the POwer o f the government to defend
itself against thos e who s eek force and viol ence to destroy
it." Further clarification 0 f the le gislative objective was
made by Representative John W _ McCormack , who s aid, "An d by
the way , this bill is not a lone aimed at communists; this bi11
is aime d at any on e who advocates the overthzow 0 f government
by violence an d force "1
VAL IDITY 0 F THE SMITH ACT
The Supreme Court held in 1951 that teaching the
doctrine 0 f forcib le overthrow 0 f the United States Government
was a violation of the Smi th Act where there was a clear an d
present danger that a substantial public evi l would result
The Court further held that the Act did not violate the First
Amendment . Chief Justice Vins on, Who wrote the majority opinion,
us ed language which mus t be considered at this time to be
very significant in deciding whether the Government may in
fact conduct preventive-type investigations in the interest
of self-preservation
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Justice Vins on wrote, "Th e rule W @ deduce from thes e
cases (Ja S eries of earlier Supreme Court decisions name ly the
'question in every cas e is whether words used are us ed in such
circums tances and are 0 f s uch nature as t0 create a clear and
present danger that they Will bring about the substantive
evils that Congres s has a right to prevent . ') is that where
an offense is specified by a s tatute in nonspeech or nonpres s
terms a conviction re lying upon speech or press as evidence
of violation may be sustained only when the speech or lication
created 2 'clear and present dan ger ' of attempting or accom -
plishing the prohibited crime M
In this cas e , applying this rule, the court s aid,
"Obvi ous ly , thes e words cannot mean that before the Government
may act , it must wait until the putsch is about to b e executed ,
the pl ans have been 1aid, and the signa 1 is awaited--We mus t ,
therefore , reject the contention that success or prob ability
of success is the criterion M
In addition to the Smith Act of 1940 , Congres $ als 0
pas sed legis lation which further increased the authority 0 f
the FBI to deal with subversive activities Th e Voorhis Act
(superseded in 1948 along With original Smi th Act) which is
nOW Title 18 USC 2386 _ provided for registration 0 f organizations
subject to foreign control Ihi ch enga ge in political activity
amon g other things The Internal Security Act of 1950 was
passed over the veto 0 f President Truman and provided not only
a prohibition 0 f conspiracies or attempts to establish a
totalitarian dictatorship an d a long list o f measures having
to do With Communist organizations (Control of Subversive
Activities ) but a 1s0 for the emergency detention of suspected
security risks Further , in 1954 = Congres s enacted the Communist
Control Act to provide additional investigative authority in
dealing with the communist threat to national security ,
DIRECTIVES VERS US LEGIS LATIVE ENACTMENT
The s e 1e gis lative enactments were unquestionab ly
designed to gi ve the FB I a cloak 0 f statutory authority to
investigate not only the communists which were a grave concern
to President Rooseve lt Wh en he requested investigations 0 f
communism by the FBI in 1936 , but als 0 any 0 ther group whi ch
engages in activity aimed at overthrow 0 f the Government
force or violence And whereas President Roosevelt relied
on the e lement 0f forei gn re lations and the international
character 0 f ihe fascist an d communist movements to have
State Deparmen t make a request for FB I investigation , the
statutes re ferred to above do not require a dependenc e on
foreign elements , notwithstanding the Con gres sional finding
of necessity in connection with the Internal Se curity Act 0 f
1950 and the C ommunist Control Act 0 f 1954
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The question to b e res 0lved_ then, is divided into
S everal interrelated parts First, if the Presidential
directives des crib ed heretofore are actually valid. Secondly ,
as suming that the directives are comp letely valid have
be en cited a5 one 0 f the bas es 0 f FBI investigative
authority? Thirdly, 1f, as it appears from the foregoing, the
directives are valid, but d0 not convey the investigative
authority W @ have heretofore contended, wh at effect will this
have on our pas t and future domestic intelligence investigative
activity?
Ins ofar as the validity 0 f the Presidential directives
is concerned , there can be n0 question but that each directive
Was issued completely in accord with the President ' s executive
powe r . The evidence sh OW S that the first directive in September ,
1939 w as not only implemented with the knowledge of Congress ,
but appropriating mon ey t0 the FBI for its implementation
Congr ess in effect gave the directive the full force 0 f law
Non e 0 f the directives from" September , 1939
9
to the one issued
by President Eisenh Ower in 1953 have been secret_ As a matter
0 f fact , a11 were directed to the pub lic at large, asking
support of loca1 1aw enforcement officials and patriotic
organizations Numerous times the directives have beem cited
11 FBI appropriations testimony .
The second part 0 f the question becomes more di fficult
to answer Over the years , whenever it has been neces sary and
proper to des crib e our investigative authority, an d this has
been a requirement in justifying our annual budge t , W e have us ed
what Wv e have considered a11 0 f the different bases for: such
authority Although it now S eems obvious that the Septemb er ,
1939 and July , 1943 = directives did not actually order the FBI
to take charge of any investigations not actually covered by
statute, 1 .e eSpionage s ab otage , and neutrality lawS , it did
request 1aw enforcement 0fficers t0 turn oer t0 the n earest
representative 0 f the FBI al 1 information relating to s ubversive
activities and coun terespionage as I e11 as the three statutory
crimes listed_ It is apparent that the 1 anguage here was intended
a5 a cat ch-al1 S 0 that law enforcement 0fficers Would turn over
information o f any sort whatsoever 1f it mi ght affect the
national S @ curity
In an aly zing the language used" in that first directive
of September , 1939 everything mus t b e put into its proper
perspective _ In 1939 the Nation had been conditioned to a state
of near-War From January 30 , 1933 _ When Adolf Hitler became
Chancellor 0 f Germany , through the nonagression pact between
Germany and the Soviet Unio0n in August
9
1939 the specter 0 f war
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hun g over America _ An ti-German , anti-Italian and anti-Soviet
s entiment swept over the country _ Pe ople began to look for spies
unde r their beds It became very n eces s ary to direct the
Nation ' s energies in that regard into a single channel . We could
not have every Police 0 fficer, sheriff and special deputy sheriff
in the country running around investigating Spies By the s ame
token , it Was very neces S ary for the Government ' s res ources to b e
directed towards identification and n eutralization 0 f very real
espionage rings an d potential s abot eurs The Jun e, 1939 directive
assured that the FBI would take charge 0 f domestic internal
security instead 0 f s everal a gencies working at cross purposes _
The Sept ember , 19 39 directive placed 1oca1 1aw enforcement. on
notice and s imultaneous ly provi ded for information 0 f possib le
value to be funne led to the FBI which was responsib le for the
coordination an d investigation
The September , 1939 , directive , although not conveying
any investigative authority to the FBI
9
did result in an
additional workload for the FBI by virtue of the fact that local
po lice an d other Federal agencies Were referring matters to the
FBI for investigative attention which were not previous ly called
to our attention While S 0m e 0 f the matters could be logically
fit into one of the statutory crimes o f espionage , s ab otage or
neutrality regulations others could not be since the original
information W as often nonspeci fi c or 5 0 n ebulous that it could
be categorized only after S ome inquiry W as made 1ocally
We were a1s 0 faced with the reality of war an d the
fact that Germany , Italy: Japan and the Soviet Union had espionage
apparatuses directed against the United States While W e mi
not ordinari ly institute an investigation before the commission
of a crime , such as the cas e of a bank robbery , motor vehicle
theft , etc. , the crimes 0 f espionage and s ab otage relate to the
national se curity It would have not only been folly, it would
have been ins ane to wait until W e had evidence of the commission
0 f crime S 0 f espionage or s ab otage Rather than wait until
W e had a complaint alleging the commiss ion o f on e 0 f these crimes
W @ went out and conducted intelligence-type investigations to
determin e if there W ere espionage rings operating or if there
were pers ons conspiring to 5 abotage the national de fens e So the
Sept ember , 1939 _
9
directive did affect our investigative operations
Not by giving us S ome n ew investigative authority, but assigning
uS the responsibi lity 0 f coordinating a11 investigative activity
in this re gard, We Were , o f cours e already in the intelligence-
gatherin g busines s as a result 0 f the confidential arrangement
agreed upon in August an d September , 1936 _ amon g
President Roosevelt, Director Hoover , and the Secretary 0 f State
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For thes e reas onS , it can b e seen why the FBI us ed the
September , 1939
3
directive as 0n € 0 f the bas es for its investi-
gative authority _ The un fortunat e thing is that the 1939 directive
was neve * really updated , in spite 0 f the reiterations 0f 1943 ,
1950 , an d 1953 _ It was really never broadened to incorporat e the
Executive reques t made in 1936 an d to reflect the Executive
intent that became S 0 ob vi ous in the succeeding years up to this
very time It Wou ld be very difficult to convince S omeone
examining our lega 1 authority for conducting intelligence-type
investigations that We derive any authority particularly any
reiterating it. What we have , it appears is a hold-over or
perpetuation of a concept o f authority (o1 better, responsibility)
which had S ome basis in 1939 and perh aps even through the
Kore an War years
9
but which has long since ceased to have any
bearin g on FBI investigative operations
This leads us to the third part of the question and
that is what effect the lack o f authority derived from che
directives will have on pas t and future domestic intelligence
investigations Although there is division 0 f opinion by S ome
supervisors an d officials in the Domestic Intelligence Division as
to how much investigative activity has in the pas t and will in
the future depend 0n the n ebulous authority 0 f the directives
in question examination of a11 the evidence leads to the
conclusion that in the pas t our investigations have to S ome
degree depended , not on the lan guage 0 f any of the directives ,
but rather, on the Executive request 0 f President Ro0s evelt in
1936 andon basic authority derived from the m an y statutes
re lating to the national s ecuri both before an d after the
issuance 0 f a11 the directives in question
INVESTIGATI ONS UNDE R S TATUTO RY AUTHORITY
Argument has be en advanced S 0me in the Domestic
Intelligence Division that it will be impos sib le to carry out
our internal security responsibilities of conducting pure ly
intelligence-typ e investigations using statutory authority only;
that the only W ay We have been ab le to d0 this in the pas t was
from the authority contained in one or more 0f the directives
in question If this were true 1.e., that W e have_ conducted
s ome investigative activity s olely on the basis 0 f the directives ,
the FBI Would b e in for a rough time if the efforts on the part
0f s everal congressional figures to look into our operations
ever come to pass The fact of the matter is, W e have had
amp le authority t0 d0 just what W e have done without the
directives _ Administrative ly perh aps , we could have been more
precise in advertising our investigative jurisdiction an d
authority _ And unques tion ab W e could have been more careful
in writing reports an d other records 0 f our investigative activity
to sh OW that our investigations were predicated on information
indicating violation or possib le violation of statutes
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This brings up another point mentioned: by
Professor Elliff in his s tudy _ Elliff related that the
FBI had a policy from Mr Hoover' s appointment as Director
until 1936 of "closed end" investigations
3 *
but that this policy
gave w ay to intelligence coverage involving continuing investiga -
cive activity within a broad range of delegated authority' By
"closed end" investigations Elliff means that a crime was
committed , a
prosecutive opinion
Was received an investigation
was conducted, a prosecutive opinion was s ough t and the cas e
was either prosecuted or closed for want of prosecution On
the other hand , an intelligence-type investigation would involve
.continuing investigation without any thought 0 f closing the
cas e by virtue of prosecution or inability to prosecute In
a case involvin g a pure ly criminal act , it can b e seen that
a "closed end" investigation is possible _ But in the fast-moving
world of today , with its organized crime prob lem tied into space -
age concepts even in pure ly crimina] cases , the "closed end"
investigation is often far from a reality _
PRE VENTIVE INVESTIGATIONS
In analyzing the concept of "closed end" investigations
versus continuing intelligence-typ e investigations several
factors mus t b e considered especially where the national s ecurity
is involved _ Ordinary criminal acts s uch as the bank robbery ,
theft, burglary , fraud
9
etc _ can in no way be compared to crimes
involving the national security Usually We would have n0
occasion to conduct investigation prior to the commission 0 f any
0 f the ab ove-name d crimes But , a crime against national security
is an entirely different matter No one but a fool or one
dedicated t0 the destruction 0f democracy would advocate that the
Government take n0 action to prevent a crime which could destroy
the Government In other words , it would b e an unusual case to
conduct a "closed end" investigation 0 f an attempt t0 overthrow
th e Government by force and violence It would appear that the
FBI would have a constitutional ob ligation to conduct the
necessary preventive investigation (intelligence?) to insure that
an attempt to overthrow the Government does not occur
Taking into consideration that any, court in the land
would take judicial notice that the Soviet Union and its s atellites
are engaged in espionage directed against the United States and
that it 'employs intelligence-gathering techniques against us it
logically follows that the s ame courts would take judicial notice
that the United States Government would have to emp counter-
espi onage an d counterintelligence me thods to combat this threat
It is believed that the s ame can b e said for other situations where
the facts are such to lead any prudent and cautious individual to
be lieve that a threat exists to commi t s ab otage; to incite to
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insurrection or rebellion; to engage in s editious conspiracy ; or
to plot the overthrow 0 f the Government Un der s u ch circumstances
it would S e em that the FBI not only has the duty to conduct
investigations to prevent the crimes but has the ob ligation to
do wh atever is necess ary within the law to neutralize such
threats
It is true that this type of investigation might be
contrary t0 the estab lished concept of investigating only after
there is evidence 0 f crime It is als 0 true that such investi-
gations mi gh t take place over a long period of time without any
indication or prospect of presecution_ However as
pointed out
by Legal Counse 1 in his memoran dum dat ed 7/14/72 on Wiretapping ,
that "Running through the whol e (decision) is a golden thread'
of philosophy that wh en the functions essential to the preservation
0 f a nation itself are at s take , the nation has the power to take
the action reas on ab ly necess ary to protect itself." While this
comment had to do with a particular court decision not related
to the national s ecuirty, it is very apropos It would be
unrealistic to contend that the FBI could" only investigat e
crimes or potential crimes affecting the national security after
the crime has been committed _ How ludicrous this Would be
Right on: point in this re gard is another part of the
majority opinion upholding the Smith Act convictions in 1951
Chief Jus tice Vins on wrote, "Likewis e W e are in accord with
the trial court ' s finding that the requisite danger existed. Th e
mere fact that from the period 0 f 1945 to 1948 petitioners '
activities did not result in the attempt to overthrow the
Government by force an d violence is , 0 f course , n 0 answer to the
fact that there Was a group that was ready to make the at tempt
The formation by petitioners of such a high ly organized conspiracy ,
with rigidly disciplined m embers subject to cal1 when the leaders
these petitioners felt the time had come for action, coupled with
the in fl ammab le nature 0 f the world conditions similar uprisings in
other countries , an d the touch 5 an d-go nature 0 f our relations
With countries with Whom the petitioners were in the very least
ideologically attuned , convince us that their convictions were
justified on this s core
"And this analysis disposes 0 f the contention that a
conspiracy to advocat e, as distinguished from advocacy itself,
cannot be constitutionally restrained , because it comprises only
the preparation It is the existence of the conspiracy which
creates tile_danger (Emphasis mine) If the ingredients of the
reaction are present , W e cannot bind the Government t0 Wait until
the catalyst is added . I
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Some might 5 ay , "this is a11 very Well and where
prosecutive action is us ed or intended , but wh at 0 f the cases
where the on ly purpos e 0 f the investigation is to produce
intelligence information, With n0 hope or intent of prosecutive
action ?" There are unquestionab ly situations where pros ecution
W ould be impossib le, but it is doubtful if any situation could be
conjured up involving the national s ecurity where the elements 0 f
one or more statutes would be present to lend statutory authority
to an investigation or reason for investigation
INTELLIGENCE INVESTIGATIONS
Recently, in connection with a lawsuit filed by the
Fifth Avenue Pe ace Parade Committee because of investigation
the FBI relative 0 a huge demonstration in Washington, D . C.,
the Department o f Justice cited Title 2 8 , USC 533 , as the lawful
authority of the FBI to con duct the investigations in ques tion
The investigation at issue had to d0 with contacting various
transportation facilities in an e ffort to determine the nature
and size o f groups traveling t0 Washington for the demonstration .
In a sense , this Was purely intelligence-type investigation The
statute cited was nothing more than the statute enab ling the
Attorn ey General to direct the FBI r0 conduct investigations
This s ame statute has been cited for other types 0 f
investigations where the Department of Justice has requested the
FBI to conduct investi gations wh ere Wv e mi ght not have clearly
S een or understood the underlying authority or reas on It can be
s een however , thac under the statutory authority granted to the
President in Title 10 , USC 331-333
9
to call up troops c0 ass ist
local governments to put down an insurrection or restore order ,
the Attorney General would be within his s tatutory authority as
the President ' s Chief Le gal Advisor to ask the FBI to provide a11
possible information Which might assist the President in making a
determination under Title 10 Thus
3
the FBI would conduct an
intelligence-type investigation under the statutory and cons titu-
tional authority flowing from the President, through the
Attorney General to the FBI In this case W @ might not immedi -
at ely Se e the poten tial for prosecutive action, although With the
statutes covering antiriot and civil disorder We would n0 doubt
be alert for indications that riots or disorders would occur
an d that evidence could be collected which would s upp ort prosecu-
tion Here , W e Would be conducting investigation before a
violation takes place , not only for the intelligence dat a needed
by the President , but t0 determine if a Federal violation 0 f law
mi ght als 0 occur
EXECUTIVE ORDER 10450
Wh at other authority is a 1s0 availab le to the FBI ? We
s ome times lump Presidential directives and Executive orders into
one category as if they were the same This is a co mmon practice ,
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even on the Executive leve 1 Th e Executive orders are numbered ,
wh ereas the directives us ually are not From information
availab le it appears that Presidential directives an d Executive
orders carry equal weight . They take 0n the force 0 f 1aw if
acknow ledged by resolution of Congres s and are
published in the
Federal Re gister_ A11 this leads up to 2 very signi ficant
document which over the Years has provided substantial investi-
gative authority to the FBI _ It is commonly known as Executive
Order 10450 , a l though it has been revised and Will b e known as
Executive Order 11605 if it is ever impl emented _ Executive
Order 10450 is captioned as "Se curity Requirements for Government
Emp loyment" an d , as the name implies
2
is related to employment
by the Government 0 f indivi duals wh 0 mi gh t constitute a national
security risk This Executive order grew out 0 f Executive
Order 9 835 dated March 21 1947 , which provided for an
investigative procedure affecting pers ons entering competitive
civil S ervice The order es tab lished a alty Review Board
an d procedures for handling o f cases Where loyalty of an
emp loy ee Was questioned. Executive Order 9 835 followed the
estab lishment o f the President ' s temporary commission on loyalty
under Executive Or der 90 86 , dated November 25 , 1946_ Executive
Order 10450 , dated April 27 , 1953 , superseded and revoked
Executive Order 9 835
The important thing about these two Executive orders is
that the Attorney General was required to furnish the Loyalty
Review Board current information conce rning the subversive nature
0 f foreign or domestic organizations including totalitarian
groups _ Thus
9
the FBI , acting under lawful authority of the
Attorney General was bound to conduct the necess ary investiga -
tions 0 enab le the Attorn ey General t0 fulfill his responsibility
to the Loyalty Review Board Executive Order 10450 , in revoking
Exe cutive Order 9 835 , als 0 disbanded the Loy alty Review Board
and provided that the Attorney General Would furnish the S ame
information regarding s ubversive organizations to the head 0 f
each department and agency Th e Attorney General Was a 1s 0
requested to render to the heads 0 f departments and agencies
such advice as may be requisite to enab le them to estab lish and
maintain an appropriat e e mp loyee-security Pro gr am
Un der Exe cutive Orders 9 835 and 10450. the
Attorney General had the responsibility to designate
organizations aS totalitarian, fascist communist or subversive,
or as havin g adopted apo licy of advo cating or approving the
commissi0n 0 f acts of force or violenc e to deny others their
rights under the Constitution 0 f the United States
9 or as s eeking
to alter the form of government of the United States by uncon -
stitutional me ans Un der provisions o0 f Executive order 11605 ,
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dated July 1971 , the Attorney General still has the responsi -
bility 0 f furnishing n ames 0 f organizations to the heads of
departments and agencies Howe Ver , instead 0 f the organizations
being desi gn at ed by the Attorn ey Genera1
9
the n ew Executive
Order provides that the Subversive Activities Control Board
shall upon petition 0 f the' Attorney General , conduct hearings
to mak e the s ame determination formerly made the
Attorney General The n eW Executive Order als 0 sets up a much
broader criteria for estab lishing the subversive nature of
organizations
Un fortunately , the Subversive Activities Control
Board
>
which w as initially est ab lished under the Internal Security
Act 0 f 1950 , is under attack from Congres s Congres s refus ed
to provide any funds for the Subversive Activities Control Board
after July 1 1972 _ There has been indication that Congres $ may
als 0 take s teps to repeal the remnants 0 f the Internal Security
Act 0 f 1950 Should this happen, W e would" l0s e a broad bas e 0 f
current authority for conducting many o f our security-type
investigations Exe cutive Orde r 11605 has not actually been
implemented ; therefore , W e are bound to the provisions 0 f
Executive Or de r 10 450 _ Basically , h owever , the responsibi lity
un der 10450 (or even 11605 if it is ever implemented) falls on
the Attorney General and for this reas on the Department 0 f Justice
sh ould now provide guidance as to wh at investigations are required
by the FBI to fulfill the Attorn ey General 's ob ligations under
the eristing Exeuctive order_
STATUTORY AUTHORITY AND PRESIDENT' $ CONSTITUTIONAL POWER
Wh at other investigative authority or jurisdiction do
we have ? Attached to this study is a collection 0 f statutes and
documents which grant investigative authority for conducting the
various types of investigations falling With the primary s uper-
vision 03 the Domestic Intelligence Division Included in this
collection 0 f laws are statutes such as civil rights s tatutes
whi ch are the basic responsibility 0 f the General Investi gative
Division , but which n evertheles s convey statutory authority in
investigating totalitarian organizations such as the Ku Klux Klan
and other hate-type groups Civil rights s tatutes might als 0
likely be invo lved in other situations where organized groups
act in such 2 manner as to deny other persons their constitutional
rights The fraud s tatutes are included since many groups
engage in activities whi ch are covered in one Way or another
such s tatutes There are , 0 f cours e , the basic statutes s u ch
as espionage S ab otage , treas on and foreign agents registration
act But there are statutes such as inciting to antiriot,
and others Ivhich cover an extreme ly broad spectrum 0 f subversive
activity But isn 't there S Omle additional authority under the
constitutional pow er 0 f the President to protect the national
security?
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It was un der jus t such constitutional powers that
Presi dent Roosevelt requested the FBI to investigat e the fascist
and communist movement And , 0 f course , it was under just s uch
constitutional POw ers that the President authorized the
Attorn ey General to approve without a Warrant electronic sur-
veillances on both domestic an d foreign organizations engaged
in activity detrimental to the national S ecurity However , the
reme Court has considerab ly narrowed the President ' s consti 7
tutional authority as a result 0 f the Keith tcase In essence ,
the court stated that insofar as domestic organizations are
conce rned , the President does not have the power to abrogat e
the First and Fourth Amendments In other words the President
cannot order an act (investigation) which Would interfere with
or abridge the First Amendment rights to as s emb 1 e or redres s
grievances , or to enjoy freedom 0 f speech , or the Fourth Amend -
ment rights requiring the issuance 0 f s earch warrant in connec -
tion with the seizure 0 f e vi dence
Th e courts have considerab ly broadened their inter-
pretation o f both the First and Fourth Amendments Civil
libertarians have proclaimed that any activity 01 the part 0f the
Government which might have a "chilling effect" on an individual 's
legitimat e right to dissent constitutes a violation of First
Amendment rights In S ome cas es the courts have adopted this
view By the same token, Fourth Amendment rights have been
broadened to include overh earings 0 f convers ation , and the issue
0 f invasion 0 f privacy is being raised more and more With a11
these factors being considered there are, however , nunerous
situations bearing on the national security where the President
unquestionab ly has the constitutional authority to have the
FBI obtain information whi ch will en ab le him to fulfill his
broad responsibilities un de r the Constituion With the exception
0 f the recent Keith decision, the courts have declined to de fine
or circums crib e the President 's constitutional PO1er_
Or dinari ly , when W e speak 0f the constitutional
Power 0 f the President W e think in terms of a specific order
such as a directive or Exe cutive order or S ome other tangib le
evidence However , over the years beginning with the years
precedin g World War Ii, Mr J _ Edgar Hoover es tab lished a
rapport with the President which resulted in the President
making requests 0 f the FBI under his inherent Executive authority _
The request made by Presi dent Roosevelt in 1936 as des cribed
herein is an excellent examp le of a long series 0 f Presidential
requests extending through a long Tine o f Presidents and at least
until Mr _ Hoover' s de ath Presidents from Roosevelt to Nixon
have confided in Mr Hoover an d s ought his advice and product of
FBI investigative skill , particularly in matters affecting the
national security On e very excellent examp le 0 f the confidence
the President has had in the FBI is the con fidential Presidential
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directive o f 1941 ins tructing that the FBI set up a Special
Intelligence Service covering the Western Hemisphere to h and1e
an d coordinate a11 intelligence work within the hemisphere
There are many other examples , but a more recent one is the fact
that President Nixon , in 0f responsibility assi gn ed to
CIA, asked that the FBI estab lish Lega 1 Attaches in s everal
countries where there had be en a dearth 0f good intelligen ce
information
SPE CIAL WHITE HOUSE REQUES TS
Over a period 0 f Years the President came to rely on the
FBI to provide first-hand intelligence information concerning
both domestic and foreign situations bearing on policy affecting
the national security As a result 0 f numerous conferences in
which the various Presidents out lined to Mr _ Hoover their needs
for information which would assist him and his staff in their
policy decisions Mr _ Hoover instructed that import ant deve lopments
concernin g the national de fens e or which mi gh t otherwis e be 0f
value to the White Hous e should be reported direct ly to the
President or one o f his high -leve l s taff memb ers In mos t
instances the s ame information Was made avai lab le to the Attorney
General simultaneous ly Over the years it becane a co mmon practice
for White Hous e staff members t0 telephone requests for information
or investigations to Mr _ Hoover ' s 0ffice or the office of one 0 f
his officials Such requests W ere us ually considered as being
within the constitutional Executive pow er , and for the most part
such requests were completely legitimat e and Well within the
recognized s cope 0 f the FBI investigative authority _
Occasion ally , however, requests were made and complied
with which in retrospect appear to have been beyond any reco gnized
Executive authority An example is a telephone reques t to furnish
a11 available information to the White Hous e concerning a forth-
Co ming Earth rally in 1970 _ The ral whi ch Was spons ored by
gr oups concerned With pollution and ecolo gY , attracted the
attention of a few subversive e lements
2
but app eared to b e very
mu ch un der the control 0 f the spons ors Senator Edmund S . Muskie
spoke at the rally in Washington, D C _ and Rennie Davis , an
antiwar activist with a subversive back ground , appeared on the
S ame platform with Senator Muskie A feW minor disturbances
erupted in S ome areas , but overall the Earth rallies were
peace ful an d attained their genera 1 objective, the calling of
attention to environmental prob lems Senator Muskie , wh0 learned
that the FBI covered the rally in Washington, was incensed that
the FBI was involved . We had a Poor de fens e and in this cas e , at
least , it is doubtful that there was any legitimat e Executive
authority t0 have the FBI involved . In any event, it would appear
that such requests should flow through ch annels , including the
Department of Justice where pos s ib le , to assure that unre as 01ab 1e
and improper requests are made for investigative activity
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It is te unders tandab le that various staff memb ers
at the White Hous e have assignments or projects to prepare
reports on a wide variety 0 f matters relating t0 the welfare
of the country It is als 0 quite unders tandab le that such
individuals Would turn t0 the FBI to develop information through
investigative activity or from its files However , the fact that
the FBI has specific responsibi lities and jurisdiction under
the 1aw may not be known to thes e staff members and in their
ignorance of the situation they could ask us to engage in activity
beyond the s cope 0 f our investigative authority
Over a long period 0 f time the FB I has disseminated
information directly to the White Hous e as it was developed
wh en the in formation had a bearing on national de fens e or possibl e
foreign policy planning - The White Hous e has come to expect this
kind 0 f rapid, dissemination Mu ch o f the information diss eminat ed
has been of specific interest to the National Security Council
0 f which the President , Vice President and high level me mbers 0 f
his staff are members Even though CIA has the basic responsibility
under the National Se curity Act 0 f 1947 to coordinat e a 11
intelligence data relating to national defense
2
the nature of
rapid changin g situations makes it impractical to diss eminate al1
important intelligence information to the National Security
Council via CIA channels It is not be lieved that the White Hous e
would sit still for the FBI cutting off dissemination on nationa}
security information
NEED FO R CURRENT EXECUTIVE ORDER
Dissemination, however, is but the product of investi-
gative activity The question , then , is not to whom W e should
or should not disseminat e , but rather when an d wh en not should
we investigat e _ A11 o f which leads t0 the issue 0 f what consti-
tutes Executive or Presidential authority under the cons tituion,
an d how can such a determination b e made ? Gran ting that the
Pres ident does have broad constitutional powers which he can
exercise in the interest 0 f nationa1 s ecurity , how can such
power be conveyed to the FBI to cover possib le gaps in our
statutory authority? It is not believed that individual requests ,
particularly from lower level White Hous e staff members , actually
convey any power 0 f inherent Exe cutive authority un less such
requests may have originated from the President himse lf.
Wh at appears to be s ore ly needed , then, is a clear-cut memo randum
of understandin g pos sib ly in the form 0f a comprehensive
Exe cutive order or Presidential directive outlining areas 0 f
inves tigative activity required and the inves tigative product
n eeded the Exe cutive to fulfill his national security
responsibilities _
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DE VE LOPMENT OF INVES TIGATIVE POLICIES
By examining our investigative policies and procedures
over the years it can readi ly be S een that procedures adopted
out of necessity such as thos e developing out 0f the period
prece= World War II, in time c ome to be accepted as gospe 1
both Within and outside the FBI The intelligence-type investi-
gations originally ordered becaus e of circums tances exis in
1936 and even be fore continued after World War II and in reality
became necessary again during the Korean War period _ And although
the actual basis o f authority in 1949 an d 1950 was not the S ame
as in 1936 we evident ly considered it the s ame an d obvious ly the
Department 0 f Justice an d White Hous e did a1s0 _ Even though the
CongresS provided legis lative authority to investigat e subversive
acts it appears that W e did not feel that the typ e of investi-
gations necess ary could be conducted except under an authority
which did not require collection and preservation of evidence with
a view 0 f eventual prosecution, but rather to gather informati0n
only for the purpos e 0 f determining the nature an d extent 0 f
subversive activity
This is not to imp ly that the statutes were not used_
On the contrary , the s tatutes Were us ed and' a large number of
top leve 1 Communist Party functionaries were convicted under the
Smith Act but W e still conducted investigations based on what
w e considered to be authority unde r constitutional power of the
President investigations which Profess 0r Elliff has called
continuing investigative activity within a broad range 0 f de legat ed
authority While this s tudy has not gone into the procedures
and policies developed by the FBI in connection with inves
tions re lating to our Eme rgency Detention Program, various
do cuments were examined and it is known that this progr am preceded
the Emergency Detention Act , which W as a part 0 f the Internal
Security Act 0 f 1950 _ A great de a1 0 f investigative activity ,
dating back to the 1930 ' s , was conducted concerning the Security
Index, an integral part of the Emergen cy De tention Program 1s a
matter of interest , the' Emergency Detention Pro gram , which W as
a program devised to insure that individuals constituting a
threat to national s ecurity would be arrested and de tained in the
event 0 f a national emergency The Department at one point felt
that- the constitutionality 0f such a pro gr am Was highly question -
ab le Holv ever , the progr am was implemented and was in existence
at the time the Internal Security Act 0 f 1950 was pas sed
And mos t curious ly of a11 is the fact that even after
the Intern al Security Act 0f 1950 became 1 &w , providing a legal
basis for the progr am in existence , it Was not until the 1960 ' s
that our Emergency Detention Program w as switched over from an
emergency plan un der Presidential powers to the authority
vested by statute 0f cours e, the part o f the Internal Security Act
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authorizing emergency apprehension an d detention Was repealed
in October, 1971 Un der the Emergency Detention Program , while
it existed , a gre at deal of continuing investigative. activity
was conducted concerning thous ands of individuals wh 0 were
be lieved to represent a 'threat to the national s ecurity in time
of national emergency Some 0 f our investigative practices today
are b&s ed on criteria authority growin g out of the original
Emergency Detention Program _
Now this is n ot to s ay that the FBI is in a position 0 f
having to de fend its investigative policies or practices If there
has been but a single thread 0 f continuity running through our
investigative practices and pro cedures over the years it is that
the individual 's constitutional rights are paramount; that nothing
is S 0 important as a citizen fs rights under the 1aw Legal
Counsel pointed out an extreme ly important point last year at the
time 0 f the Princeton Conference where a group 0 f FBI critics
gathered €0 expose the FBI ' s faults He noted that for years
preceding the Miranda decision and the Es cobed0 decision the FBI
had been warning Pers ons o f their rights prior to taking any kind
of statement _ Every Special Agent knows: that the first and
perh aps mos t importan t element in preparing for a prosecution is
preserve the individual 's rights guaranteed under the Constitution
The FBI has legally conducted investigations of individuals
an & organizations whos e philosophies include the overthrow or
destruction of the United States Government by force or viol ence
Whether conducted under a Presidential order or statutory
authority any such investigations were absolutely necessary and
continue t0 be S 0 For administrative reasons documents reporting
results o f investigations 0 ften have not always clearly sh own the
authority, statutory or otherwis e A caption has usually been
used for routing and supervis ory purposes which is not _clearly
indicative of the nature or purpos e of the investigative activity .
Such captions_ might Well b e con fusing to 0n e not connected with
the FBI an d they might Well lead to the conclusion that investi-
gation was not based on any legal authority For exampl e, the
caption "Security Matter Mis cellaneous" or "Internal Security
Revolutionary Activity" means little to S omeone outside the FBI
To those in the Domestic Intelligen ce Divis on such designations
identify the type 0 f ca5 e and supervising unit at Headquarters
In other words
2
there has been nothing wrong with the
conduct o f our investigations thos e deserving 0 f investi-
gation under statutory provisions have been investigat ed_ While
W @ would have be en more precis e to predicate our investigations on
a specific authority , whether statutory or Executive order (10450) ,
we have no t engaged in extra-legal investigative activity
simply becaus e We failed to cite any specific authority to
conduct the investigation 1n such a W ay as to makc it a "closed
end" investigation such as Professor Elliff described.
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PREVENTI VE INVES TIGATIONS
While there has be en S ome disagreement by one or tw0
supervisory pers onnel in Domestic Intelligence Division as to
how long an investigation may b e carried on under statutory
authority or whether a "preventive" investigation can be carried
on un der that authority, it is my own contention that intelligence -
type investigations can b e carried out under statutory authority;
that there is n 0 constraint impos ed by law governing the length
0 f time in which an inves tigation c a1 be conducted, There are
many reasons continuing investigative activity would b e
necess ary , even when a statutory violation is involved _ In mos t
cases involvin g the national security a conspiracy 0 f s ome s ort
is involved _ Conspiracies frequently g0 on for years Wh en
the preservation 0 f the Government is involved, wh 0 is to s ay that
W e either prove a conspiracy within a specific period of time or
stop investigating _
Whether a conspiracy is evident or not , the FBI Would not
open an investigation 0f any type un less information was first
received that a violation 0 f Federal 1aw was involved or that the
national S e curity was threatened _ This is how our s 0-cal led
intelligence-type inves tigations are us ually started. A citizen,
an informant , or a law enforcement officer furnishes infornation that
there is a group in existence whi ch includes 112 its philos ophy a10
advocacy 0 f overthrow or destruction 0 f the Government 0f the
United States by force or viol ence _ It would appear to b e entirely
logical that un de r at least thre e s eparate. Federal s tatutes a
violatio} would occur if this gr oup did attempt to overthrow the
Government And the Supreme Court has s aid that the Government
do es not have to Wait until the puts ch is about to be executed
an d that proof that success or prob abi lity 0 f success must b e sh own
While the examples cited hereafter might not be good 1egal
analo gy there does not S eem to be any reason why the pres ervation
of our Gove rnment warrants any less consideration under the 1aw
The courts have uphe ld cases such as have been deve loped in the
Washington, D C me tropolitan area , where a nearby jurisdiction ,
which prohibits importation 0 f liquor from Washington , sets up a
surveillance near the larger purveyors of liquor_ Wh en a car
bearing Virginia or Maryland license plates is observed to be
loadin g up Ivh at is obvioulsy m o1e liquor than can be imported into
these states , a surveillance is instituted and when the pers on
drives across the stat e line he is arrested and charged with
violation 0 f state liquor laws It can b e argued that su ch is
possib ]e becaus e 0 f the broad police powers delegat ed to
the states by the Cons titution Perh aps But under the s ame
Constitution it Would appear that S omewhere there is a rationale
that if a statute exists prohibiting the overthrow or destruction
of our Government , the Government should have the S ame degree
0 f power to See that pers ons do not overthrow it
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But the s ame prob lem exists in many areas covered
Fe deral statute In the narcotics field" tremendous intelligence
prograns are in existence to stop the spiraling increas e in drug
addiction and traffic in narcotics by organ ized crime Even
broader intelligence programs are being Planned. It is true that
violations are occurring_ And some arrests are bein g made a$ the
result 0 f excellent police work following the violations But
the Government is als0 concerned with preventing drugs from even
getting into the United States , an d from preventing any that d0
here from being s 0ld to our children So , W e are conducting
preventive inves tigations in the narcotics field: We are conducting
intelligence-type investigations Certainly prosecutions Will
be sough t wherever pos sib le, but W e are conducting the S ame type
of investigations in the narcotics area as W e are in the field 0 f
national S e curity We are doing wh at has to be done, and the
statutes are the basis 0 f what has to b e done
In the field of organized crime w e know that the Mafia
an d the Cos a Nostra have spread like a cancerous growth into the
very economy 0 f the Nation Certainly there are violations 0 f
law Statutes 0 f S ome s ort are usually invo lved . Many 0 f the
statutes invo lved are outside the mary investigative jurisdiction
of the FBI _ What has t 0 be don e ? Th e individuals controlling
the organizations 0 f crime syndicates mus t be identified and the
nature 0 f theif activity analyzed to S ee what if any Federal
or even 1ocal crimes are being committed. In other words W e
kn Ow that syndicated criminals are engaged in crime yet W e do
not know exact ly what crimes We are therefore conduccing
intelligence-type inves tigations to first identify the criminal
an d then identify the crime I fail to S ee why there isn a
paral lel between intelligence-type investigations conducted to
prevent criminal depredations on the public at large and the s ame
iind 0 f investigations to protect the Nation from the nihilists ,
anarchists
9
terrorists , revolutionaries and other subversives
While drawin g a parallel between criminal investigations
an d national security investigationS
>
there is n0 intent here t0
sh Ow that both types of investigative activity can be or should be
conducted alike The two types 0f activity are as diametrical ly
opposed as the two poles 0 f the earth On e is concerned with the
individuals an d organizations which are involved purely for
financial gain _ The other is concerned With the individuals and
organizations Whi ch are involved pure ly for ideological and
philosophical reasons There is a vast difference between the
tw0 Intelligence-type investigations are necess ary in the
field 0f narcotics and other areas 0f organized crime and they
are conducted without the need for any inherent Executive pow er
being conveyed.
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origin to the common- law concept 0 f a s Ov erei gn ' $ rights to
protect itself to the 1939 et seq , directives and Executive
Orders 9 835 an d 10450 _ Include d in this group were (1) National
Ass ociation 0 f Black Students (NABS) which originally had as its
stated purpose to. s erve as an information center and communications
n etwork for b lacks on college campuses This Was in 1969
There was an enormous amount 0 f violence and upheaval
on college
canpuses at that time Damage an d injuries from ars on , s abotage
and malicious vandalism grew into the mi llions In a number 0 f
instances b lack students were in the center of the activity.
NABS was considered a potential S ource of danger during any major
strife , particularly since the national coordinator 0 f the
group , Gwendolyn Marie Patton, had been a member o f an extremist
group cited as an extremist group by the Hous e Committee on
Un - Ame ri can Activities Th e Black Pan ther Party and o ther
revo lutionary_ type organizations attempted to organi ze and
penetrat e black student groups such a5 this
(2) Th e Center for Black Education (CBE) came under
investigation when its founder was determined to be a former member
o f the Black Pan ther Party and described as one of the leading b lack
militants in San Francis co prior to his move to Washington, D_ C .
CBE has been licly described a5 an educational institution
desi gn ed to train technicians wh 0 will work to liberate the
African pe ople an d de ve the African world_ Th e CBE has as its
go21 "the independence 0 € the African People "i Me mb ers have
engaged in firearms training.
(3) Th e Drum and Spear Bookstore (DSB) in
Washington , D . C _
>
opened in 1968 and was pub licly described as
a retail bookstore having the largest collection 0 f books about
Africa, Asia, an d the Negro in America_ It als 0 had protest
literature an d books concerning the Socio-economic conditions in
the U _ S _ It W as determined through investigation that the
bookstore was apparently not being used as front for underground
or. subversive activity and investigation was c losed _
(4) The Congres s of African Peoples (CAP) was formed in
1970 _ It initially advo cated the unification 0 f a11 blacks , the
complete rejection 0 f the "white imperialist , capitalist system , 11
the estab lishment of & black nation the formation 0 f a National
African Party an d ultimately a World African Party under the
revolutionary ideolo gy 0 f Pan-Africanism.
During a CAP conference in July, 1971 , CAP leaders
vociferous ly advocated the need to engage in dis ruptions as a
means of ending "acts detrimental to b lacks , Mi the formation
of a paramilitary "de fens e unit, " an d the estab lishment 0 f
communication lines With other black revolutionary m ovements
abroad _ The CAP has estab lished communication links with the
Chines e communist diplomatic es tab lishment in Canada
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INTELLIGENCE INVESTIGATIONS AND CIVIL LIBERTY
On e of the bigges t distinctions betwe en the criminal
and security-type investigations is the fact that nationa l
security investigations which involved the ideolo gi cal factor,
are almost without exception concerned with the concept of
political ideology No matter how radical the political ideolo gy
migh t be , it is nevertheless considered by the people involved
and often by many intellectual idealists as a right guarant eed
under the Constitution As a result of a great deal 0 f liberal
thinking on the part 0 f the civil libertarians and groups such as
the American Civil Liberties Union (ACLU) , there is a much
gr eater hue an d cry when intelligence-type investigations are
surfaced and it deve loped that the purpos e 0 f the investigation
had S ome thing to d0 with an individua] 's s 0-called political
beliefs Th e potential prob lem for the FBI in conducting pure ly
intelligence-type investigations even when based on statutes
is when the investigation broaches or gets real clos e to rights
protect ed under the First and Fourth Amendments
As pointed out be fore , however , the Supreme Court has
emphatically stated that the President has n0 constitutional
power t0 ab ridge thes e tw0 Amen dments Therefore, n0 Executive
order, n0 matter how broadly worded to convey investigative
authority for intelligence-type investigations , could enab le the
FBI to avoid the s ame pitfalls regarding areas 0 f activity
co vered the First and Fourth Amen dments Therefore , even though
a de finitive Executive order would be desirab le from the s tand-
point of fixing our responsibi lities and bridging any gaps between
statute and Executive necessity , the FBI would still b e in 2 little
better position than it is at the present time under purely
statutory authority .
INTERPRE TATION 0F AUTHORITY BY SUBS TANTIVE SECTIONS
At this point it appears appropriat e to introduce comments
0 ffered by representatives 0 f the various substantive Sections of
the Domestic Intelligence Division as t0 their interpretation 0f
Executive power flowing from the 1939 et s eq, directives and
the types of investigative matters that possib ly cannot b e con ducted
solely under statutory authority
EXTREMIST INTELLIGENCE SECTION VIEWS
The Extremist Intelligence Section described four
inves tigative matters where it appe ars that investigation , at
leas t initially Would not or could not have been groun ded in
specific Federal s tatutes
2
but Where the FBI n everthe les s was in
a sens e fulfilling intelligence responsibility tracing its
2 8
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COMMENT REBUTTAL
It is believed that in at least three of the above
des cribed situations the FBI would have been ab 1e to conduct
investigatons based on statutes re lating to advocacy of over-
throw of the Government , s editious conspiracy , inciting to
insurrection 01 rebellion , civil disorders
2
antiriot ,
neutrality laws (foreign relations) an d perh aps s abotage _ Th e
que stionab 1e case , the Drum and Spear Bookstore, Would have
prob ab ly been brought adequat ely to ou1 attention from various
lic S ources or through our informant coverage of overall
matters affecting the national s ecurity
NATI ONALITIES INTELLI GENCE SECTION VIEWS
The Nationalities Intelligence Section listed four
situations wherein , generally spe akin g, mu ch of the FBI ' s
investigative activity has not been based on statutory authority ,
but has been designed t0 deve lop intelligence dat a regarding
individuals and organizations which have estab lished thems e lves
as a potential threat t0 the security and safety 0 f the
United States Government or its citizens Listed are the following:
(1) The Jewish De fense League (JDL) Although involved
in terror-type b ombings covered by s tatute, FBI investigation 0 f
JDL is als0 developing information regarding future plans and
activities , particularly violent acts ns€ Soviet diplomats
and diplomatic establishments and pro-Soviet groups and indivi-
duals In the case of JDL , Dep artment of Stat e has a
specific
interest from the standpoint 0 f U .S _ relations with other
countries Certain 0 f our intelligence-type investigations 0 f
JDL are aimed at satis fying St at e Department requirements
(2) A1 Fat ah and Popular Front for the Liberation 0 f
Palestine are two 'organizations that are we 11 known for violence
potential In light of s tatements and actions 0 f members and
leaders it is obvious that the FBI should conduct intelligence
investigations when thes e organizations are active in the U .S
(3) Revolutionary Union and Venceremos Organization are
two groups Which adh ere to a pro-Chines e communist political
philosophy and pledge overt action through uS e of Weapons to
bring ab out revolution in this coun try . With this in mind , W e
have undertaken intelligence-type investigations to identify
thos e involved wh-0 may be responsible for carrying out violence
directed against the U _ S _ Government or the citizens of this
country .
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(4) Puerto Rican independence groups specifically thos e
wh 0 s eek to bring ab out independent status for Puerto Rico by
means of force and violence, are the subject of intelligence-
type investigations No groups s eeking independence of Puerto Rico
by lawful means are investigat ed. The violence-prone groups have
committed acts ranging from attempted assassination 0 f the President ,
accompanied by murder , to acts of terrorism involving bombing,
ars on an d shootings Mu ch 0 f the violence-prone groups activity
is planned in communist Cub a Many 0 f the leaders of the viol ent
pro-independence groups are communists or followers of Leninist-
Marxist philosophy
Nationalities Intelligence Section is 0 f the opinion that
the aims and activities 0 f the ab ove -mentioned groups and similar
organizations border on statutory violations ; that while W e do not
rely on statutory prohibitions for authority to investigat e them,
it must be re co gn ized that the reason investigations are initiated
closely. approaches the elements involved in conspiracy violations
Nationalities Intelligence Section opines that if W e must look
toward actual written authority for this kind of investigation ,
it appears W e must rely on the Executive order (directive ?) dated
Septemb er 6 , 1939 an d s ubsequent reaffirmations o f that order,
noting that the 1939 directive and later supporting directives
were lished at a time wh en this country w as invo lved in armed
hostilities abroad _
Nationalities Intelligence Section obs erved that it
appears necess ary at this time t0 s eek a properly worded Executive
order which clearly sets forth the desires 0 f the President in
his capacity as the chief administrator of our country _ Su ch an
order should care fully distinguish between acts which are cl early
opposed to the cons titutional basis under which w e operate and
those which
9 no matter how unpopular , are nothing more than an
expression of ideas Finally, Nationalities Intelligence suggests
that detailed guidelines from the Attorney General should be
issued , base d on the Executive order or directive
COMMENT REBUTTAL
While I agree completely with the suggestion that a
detailed Presidential order is needed , along with guildelines
issued the Attorney General , I disagree that W e cannot investigat e
the violence-prone Puerto Ricans and the Revolutionary Union and its
spin-off, the Venceremos Organization, under existing statutes
I fee 1 als 0 that a11 W @ need to cover the JDL and the Arab terrorists
like a b lanket is a request from the Secretary 0 f State to the
Attorney General under the statutory authority relating to
foreign re lations Ihich has previous ly been des cribed herein
an d in accordance with Title USC 533 , set forth in the
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exhibit ac companying this s tudy _ Some additional authority is
als0 present
2
at least for the time being, in Executive Order
10450 (based on Executive Order 9835) Additionally , there is
authority, particularly with respect to JDL , under statute
having to do with as$ aulting foreign diplomats
INTERNAL SECURITY SECTION VIEWS
The Internal Security Section pointed out that the
security investigations supervised within that Section are
conducted Within the purview 0 f authority set out in original
position paper of the Domestic Intelligence Divis on dated
19 1972 , entitled "Investigations of Subversion ," Which
paper was to have been dis cussed during meeting 0 f the Bureau' s
Executive Staff with Mr _ Gray at Quantico the last week of May _
The position paper was ab an doned by Mr_ Miller in favor of a
different position , the essence 0 f which has been express ed
heretofore in this study _
The authority re ferred to Internal Security Section
ess entially is based on both statutory and Presidential documents ,
includin g the 1939
2
et seq, directives Internal Security pointed
out that it shou ld be stated at the outset that while FBI
investigations conducted With specific reference to a statute
will develop s ome intelligence it is not possible to bas e a11 FBI
activities in the collection of intelligence on s tatutory
authority alone _ Internal Security further points out that it is
true that the initial Presidential directive (s) of 1939 picked
up the erm "subversive activities " as incidental to their
primary thrust, but that it is just as true that President Trunan ' s
directive of July 24
>
1950 , however intentional or
unintentional it may have be en specifically stated s aid that the
FBI had charge of investigative work in matters relating to
espionage s abotage , subversive activities and related matters
Intern al Security feels that whether or not the initial Presidential
directives fully embraced the concept of subversive activities
would appear irrelevant after such a de finitive order signed
by Truman Internal Security Section is 0 f the 'opinion that whether
we had it spelled out beforehand is unimportant becaus e obvious ly
Truman ' s order of July 24
9
1950 , made our investigative interest
in subversive activities valid at that time
COMMENT REBUTTAL
Without going into detailed rebuttal here, the Trunan
directive is discuss ed in detail heretofore, it must be reiterated
that Truman 's directive contained a misstatement 0 f fact concerning
the previous directives an d I feel that under the magnification
o f a critical analysis of the Truman directive, particularly by
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individuals unsympathetic to the FBI , We cannot glibly state
that what ever the intention or unintention may have been , Truman
signed the order and therefore it made everything fine
VIEWS CONTINUED
The Internal Security Section believes that reliance on
statutory authority a lone for the collection of intelligence
would severe ly limit the s cope 0f FBI activities to the detriment
of our national s ecurity They fee 1 that a statutory basis must
impos e reas on ab le and de finab le limits and for the mos t part
investigations conducted with regard t0 statute are "closed end"
type Internal Security points out that W e investigate violations
or allegations 0 f violations ; that W e do not investigate indefinitely
on the supposition or speculation that by "fishing" W e may
find s omebody wh 0 violates a Fe deral 1aw Internal Security notes
that such a concept is repugn ant to the democratic process and
clearly indicates a police state mentality _ They go on to point
out that on the other hand it is als0 clear that there are s ome
areas particularly Ivh ere the integrity 0 f the Government
is at stake where W e mus t conduct intelligence-type investigations
to detect conspiracies an d actual attempts which g0 t0 the very
heart 0 f the Government 's existence
COMME NT REBUTTA L
Here , again , I must interject with a point 0 f rebuttal
As pointed out before I fee1 that investigation under s tatutory
01 other legal authority do es not require the S 0-called "closed
end" type of investigation in every case But the mos t important
point I want to bring out is that I cannot s ee the logic 0 f s aying
that investigations bas ed on the possibility 0 f violations to
destroy the Government (intelligence investigations actually)
are repugnant to the demo cratic pro ces s when performed under
statutes forbidding such activity and are indicative o f a police
s tate mentality , whereas there is nothing repugnant , nothing
wrong With conduct the s ame type of investigations under S me
nonspecific Presidential power to protect the integrity of
the Government I pers onally , as a citizen, would rather
have a system wherein I could not be investigated es S there
was S Ome indication that I was Planning to violat e the law
or had already done 5 0 As a 1aw ~
abiding citizen I have n0
fear 0 f intelligence-type investigations aimed at discovering
plots to violate the 1aw I would have fear o f a government
sys tem which permitted intelligence investigations based 0 4l
S Omeone ' s any on e ' $ Presiden tial or otherwise interpretation
0 f what a1 individual may s ay do or think . Th e law is a
guideline an d states clearly what I may do 0r not d0
Vague interpretations subject to the caprices 0 f undisciplined
politicians could result in a virtual police state if the 1aw is
not the basis 0 f our investigative activity.
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VIEWS CONTINUED
Internal Security Section recognizes that our investi-
gations are conducted unde r both the authority conferred under
Executive orders (10450) an d statutes and notes that as a
practical matter the statutory provisions cited as a basis for
intelligence-type investigative authority must b ear a reas onab 1e
relati onship to the activity investigat ed and must be brought to
a logical conclusion within a reasonab le period o f time They
als0 point out that it would be extremely difficult to justify
continued investigative interest in a mere memb er of the Communist
Party on the basis 0 f the Smith Act or the Internal Security Act
0 f 1950 _ It is further pointed out that this points up again
the necess ity for reliance not only on statutory authority but
for the broader. intelligence
5 type authority conferred by
Presidentail directives and Executive orders
RE VOLUTIONARY ACTIVITIES SE CTION VIEWS
The Revolutionary Activities Section furnished several
specific examples 0 f work 0 f that Section which does not fall
Wichin the purview of existing Federal statutes Included in
thos e examples are the following:
(1) Students for a Democratic Society /Worker
Student Alliance (SDS /WSA) is the 1argest faction of SDS
in existence at the present time It has an estimated
membership of 750 members This group is described as a revolu-
tionary predominantly campus~based organization dominated and controlied
by the communist Progressive Labor Party _ Th e group
has en gaged in recent widespread anti-Government demons trations
throughout the country which have led to numerous arrests ,
property damage and injuries to 1a1 enforcenent officers Major
purpos e 0 f our investigation 0 f SDS / WSA is to obtain intelligence
data in order to have a day-to-day apprais al of the strength ,
dangerousn ess , and activities 0 f the organization and to keep
the Department, of Justice and other interested agencies advised _
Revolutionary Activities Section states that authority
for investigation of SDS / WSA is bas ed on Executive Order 10450 ,
but that additional authority is derived from Presidential
directives dating from September 6 , 1939 _ 2 8 Code 0 f Federal
Regulations 0 . 85 (d) cites FBI authority to carry out Presidential
directives They als 0 not e that "inherent" responsibility of the
President derived from the Constitution to "insure domestic
tranquility, " (Preamb le) to "take care that the laws be faithfully
0 executed , (Article II Section 3) an d to protect the states
agains t invasi0n and domestic violence (Article IV, Section 4)
provide power to the President .
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(2) The Socialist Workers Party (SWP) is the inter-
nation al Trotskyist movement founded in the 1920 's when Le on Trotsky
lost out in a power struggle to Joseph Stalin for control 0 f the
international communist movement Th e basic philos ophy 0 f the SWP
is that only violent revolution can destroy capitalism; that
a11 political groups other than their own are counterrevolutionary
and mus t be des troyed _ We re ly on Executive Order 10450 for
investigative authority .
(3) Th e Venceremos Brigade consists 0 f a loosely knit
group o f over 1500 individuals wh0 have travelled to Cuba in
s eparate contingents since November, 1969 _ Positive information
has been deve loped that the organization is being used by
various hostile intelligence services for spotting purpos es
an d recruitment of intelligence agents and s upport pers onne 1 _
The group is un der investigation because it appears to b e under
the control and domination of a hostile Power .
Revolutionary Activities Section s tates that Presidential
directives (suppos edly the 1939 , et seq directives) have given
the FBI responsibility to investigate matters relating to the
internal security 0 f the country _ point out that after the
first contingent returned to the U.S in February , 1970 , the
White Hous e (nonspecific) instructed the Director to conduct an
intensive investigation of the group to determine the extent 0 f
indoctrination afforded these individuals while in Cuba and to
assess their potential dangerousnes s to the country . In addition,
the Department of Justice has requested information to support
indicia that me mbers 0 f various contingents have been trained as
espionage and intelligence agents for the Cub ans an d North Koreans
an d may be operating a5 such in the U .S
(4) Vietnam Ve terans Against the War (VVAW ) is a reVo_
luationary antiwar group currently o f major concern in view 0 f
its potential for violence The organization is made up of many
Vietnam war veterans wh 0 have advan ced training in explosives and
we apons and many have records 0 f narcotics uS e On e VVAW
national coordinator stockpiled arms and ammunition and advocated
"political e limination squads M Revolutionary Activities Section
relies on the Presidential directives (1939 et seq) and Executive
Order 10450 as a basis for investigation in the absence 0f
specific statutory authority .
(5) Weatherman is the n ame adopted by a group which is
a revo lutionary Marxist-Leninist organization dedicated to the
overthrow of the Government through force an d violence A numb er
of Weatherman leaders are current Bureau fugitives in connection
Wi th violations of Fe deral antiriot 1aws' Bomb and Gun Law
statutes , 25 We11 as the Fugitive Fe lon Act Revolutionary
Activities Section cites as specific authority for investigation
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0 f the Weath erman organization that Presidential directives have
instructed the FBI to take charge 0 f investigative work
relating t0 espionage , s abot age and subversive activities and that
Executive Order 10450 provides additional authority_
(6) Un affiliated individuals wh0 are a part of the New
Left Movement Revolutionary Activities Section notes that
although the New Le ft Movement has n0 definab le ideolo gy 0 f its
own , it does have strong Marxist, existentialist , nihilist an d
anarchist overtones In S ome instances there are individua ls
without any organizational affiliation wh0 by their revolutionary
activities an d s tatements estab lishing a rejection 0 f law and
order, reve a1 the individual t0 be a potential threat to the
security 0 f the U . S Such individuals in fact , engage in
violence or un lawful activities an d their potential dangerousness
to the internal security is clearly demonstrated by their state-
ments , conduct and actions According to Revo lutionary Activities
Section, specific authority to conduct our investigations o f
unaffiliated individuals is derived from Presidential directives
0 f September 6 , 1939 , through De cember 15 , 1953
This Section s tates that in a11 thes e examples there is
a likelihood that evidence may be develope d at S ome future dat e
that activities 0 f thes e organizations and individual s constitute
violations of specific statutes It is further s tated that our
authority to conduct investigations in these cases cannot be
bas ed on the speculation that evidence 0f S ome violation might b e
developed ; however , until such time as W e obtain a substantial
allegation that a violation has occurred, W e must base our
"intelligence" investigations
on the Presidential directives and
Executive orders issued by the President delineating our
respons ibility in regard to national security _
COMMENT REBUTTAL
At the risk 0 f being monotonous there appears t0 b e
amp le indication here that a great de al 0 f statutory authority
is present but not being cited. Th e Smith Act of 1940 an d other
statutes dealing with the national security provide the basis for
investigating a11 0f thes e groups Th e espionage statutes
serve as basis for investigating the Venceremos Brigade Certainly
the authority conveyed by Executive Order 10450 is not questioned_
And in the case 0 f the Weatherman group, the Fugitive Felon Act
gives us a tremendous latitude for conducting a11 the intelligence
investigation We mlay need in an effort to locate the Weatherman
fugitives _
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OFFICIAL RECOGNITION 0F INTELLIGENCE INVESTIGATION
Although the cold facts indicate that the Presidential
directives dating back to 1939 do not convey any authority to
the FBI which it did not have already by legis lative enactment ,
it is obvious that intelligence-type investigations are necess ary
in the protection 0 f the national 5 ecurity Various documents
emph asize the necessity for developin g intelligence dat a . For
example , the report 0f the National Advisory-Commission on Civil
Disorders (Kerner Commission , 196 8) 2 asized that law enforcement
or gan izations mus t develop the means to obtain adequate intelligence
for plannin g purposes and that 1 aw enforcement. should "gather,
evaluat e analyze an d diss eminat e information 0n2 potential as well
as actual civil disorders 11
Simi larly , the President 's Co mmission on Campus Unrest
(1970) took special note 0 f the need for intelligence in effective
law enforcement The Commission stated in its report , "It is
an un doubted fact that on S 0me campus es there are men and women
who plot , a11 too often success fully , to burn and b omb and
sometimes to maim and kill "1 Th e report concluded that the
best, and s ometimes the only , means 1aw enforcement has to thwart
or prevent such plots is through "clandestine intelligence work MI
A memoran dum for the Director 0 f the FBI from Attorney
General Rams ey Clark , dated Septemb er 14 , 1967 , s tated that "In
view of the seriousness 0 f the riot activity across the country ,
it is mos t important that you US e the maximum availab le resources ,
investigative and intelligence , to collect and report al1 facts
bearing on the question as to whether there has been or is a
s chene 01 conspiracy any group 0 f whatever size, effectiveness ,
or affiliation to plan _ promote or aggravat e riot activity_ M
The memoran dum Went on to state that "In this connection
the following federal statutes could be applicab le depending, 0 f
cours @ , upon the factual situation that deve lops Ii Ten Federal
statutes were then listed and it is particularly significant to
not e that the Attorney General w &s instructing that the FBI
collect intelligence information 5 not on 5 ome specific allegation
that a crime had been commi tted , but to determine whether there
has been or is a s cheme or conspiracy In 0 ther words the FBI
was instructed by the Attorney General to conduct intelligence
investigations to determine if any 0 f the ten Federal la1s might have
been violated in connection with riot activity _
FO RME R S TUDY 0F FBI ' S INVESTIGATIVE RESPONS IBILITIES
In an exh austive study o f the "ro ]e of the FBI in
Clandestine Foreign Intelligence Collection in the United States , Mi
conducted and reported in a do cument dated April 29 1966 by
a committee more commonly referred to as the "Papich Committee"
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considerab le information was brought out concerning the FBI ' s
investigative authority_ Of great interest is the impact the
National Security Act 0 f 1947 had `on the gathering of intelligence
in the United States This Act which is reported in 50 USC 401
et seq, established the National Se curity Council (NSC) and under
it the Centeral Intelligence Agency (CIA) Th e legis lative
history 0 f the Act notes the concern Congres s had that CIA could
develop into a gestapo if permitted to become operational in the
U .S _ James Forestal
9
then Secretary 0 f the Navy , testified 1n
a hearing before the Committee on Exp enditures in the Executive
Departments , that "Th e purpos es 0 f the Central Intelligence Agency
are limited definitely t0 purpos es outside of this country , except
co llati,on 0 f information gathered by other government agencies . M
He Went on to s ay , "Re garding domestic operations , the
Federal Bureau 0 f Investigation is Working at a11 times in
collaboration with Gener al Van denberg (then head 0 f CIA) He
relies upon them for domestic activities M Th e Papi ch Committee
study noted that there is tacit acknow ledgement in Section 403 (e)
0 f the National Security Act of 1947 that the FBI gathers
information affecting the national s ecurity: "That upon the written
request 0 f the Director 0 f the Central Intelligence Agency , the
Director of the FBI shal1 make avai lab le to the Director of Central
Intelligence such information for correlation, evaluation, and
dissemination as may be essential to the national security "
The Papich Committee report reveals that there is ample
indication that Congress was aware 0 f FBI intelligence functions
2 particularly with respect to foreign intelligence activity in
the U . S The Executive Branch Was obvious ly depending on the FBI
to Provide intelligence data which CIA, 1 aw , could not collect
in the U . S _ A task force headed General Mark Clark in 1955
took notice of the fact that the FBI dealt in security intelligence
The task force report cited the fact that the FBI was one of
four members o f the Interdepartmental Intelligence Conference (IIC) ,
created by the National Secuirty Council, approved by the President ,
March 2 3 , 1949 _ t0 coordinate "the investigation of a11 domestic
espionage , counterespionage , s abotage, subversion, and other related
matters affecting internal security . I
It was noted that the IIc charter did not disturb
responsibilities o f its member agencies but made mandatory
action by those agencies dee med necessary to insure complete
investigative coverage in compliance With the needs 0 f the IiC,
which had full responsib lity for coordination 0f the investigation
0 f a11 domestic espionage , counterespionage , etc. , affecting
internal security
The task force mentioned ab ove , in commenting on the role
0 f the FBI , noted "Th e Federal Bureau o f Investigation , however ,
is the recogn ized center 0 f the domes tic aspect 0 f internal
security including counterintelligewce within the United States
and. its pos s essi ons I1 It is to be noted that this task force took
38
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cognizance 0 f the fact that President Roosevelt as far back as
1939 had directed the FBI to coordinate and conduct domestic
counterintelligence_ activities (UnderTined part taken from
Papich Committee report and is not necess arily the actual language
used in the task force report In any event, W e know this is a
very bro ad interpretation of the 1939 directive.)
RECENT EXECUTIVE INTENT
Even more recently the White Hous e exhibited its own under-
standing of the intelligence role an d functions delegated to the
Attorney General an d the FBI _ By confidential memoran dum from
the White Hous e to the Secretaries 0 f Stat e, De fens e Treasury and
Commerce; the Attorney General; Director of CIA; Military Represen -
tative 0 f the Presi dent; Administrator, Federal Aviation Agency;
an d Ch airman Atomic Energy Commission , dated Jun e 9 , 1962
(National Security Action Memorandum 161) , President Kennedy
stated that he Would look to the Attorney General to take the
initiative in the Government in insuring the development of plans
programs and action propos als to protect the internal security
of the United Stat es This memorandum directed that the two
interdepartmental committees concern ed with internal s ecurity
the Interdepartmental Intelligence Conference (Ch aired by J _ Edgar
Hoover) and the Interdepartmental Committee on Internal Security
(Chaired by a repres entative 0 f the Department o f Justice) which
had been under the supervision of the National Security Council ,
b e transferred to the supervision of the Attorn ey General
On e of the greatest prob lems in conducting a study of this
type is the location 0f pertinent do cuments and material which
bear on the issues We have located copies 0 f the do cuments
related primari ly to the heart of this issue our basic authority
in the national s ecurity field namely , the Presidential directives
and Executive orders which We have cited in addition to statutes
as being our S ources 0 f authority but there may b e other very
pertinent documents bearing on the Executive intent to have the
FBI conduct intelligence-type investigations A examp l e
is evidence used by the Papich Committee, but not found during
this study , which sh Ows that President Roosevelt called a
White Hous e conference on May 9 , 1954 , attended by the Attorney
General Secretary o f Treasury , Secretary of Labor, Director of
FBI _ and Chief 0 f the U . S _ Secret Service to de al with the probl em
0f growth 0 f fascist organizations in the United States Th e con-
ference agreed that there should be a1 investigation o f these
groups an d their activities for intelligence purposes Since
the only Federal 1aw believed app licab le at the time was the
Immigration Law
9
the President decided that the Commi ssioner 0 f
Immi grat i on an d Naturalization Service should confer with the
Chief o f Secret Service an d the Director 0 f FBI to work out
details 0 f the investigation
39
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Mr Hoover imme diately issued orders to FBI Pers onnel
conduct an intensive investigation of the Nazi movement This,
evidently ,
was the first general intelligence investigation made
by the Government into fascist activities in this country But
note that this general intelligence investigation w as based in
law namely the Immigration Law We have here an example of
the exercise o f inherent Executive pow er tempered by the fact
that the Presidential desire for intelligence investigations would
be implemented be cause there Was a statute covering the situation.
Basically , the s ame app lies to the 1936 arrangement betwe en the
President
9
the birector 0f the FBI an d the Secretary 0 f State _
The 1aw permitting the Secretary of.State to reques t the Attorney
General to investigate certain matters was the legal basis for
the subsequent FBI investigations
CONCLUSI ONS
In summary and conclusion, it is believed that the facts
clearly sh OW that while there is a labyrinth of conflicting infor-
mation and opinions conce rning the FBI ' s authority to conduct
intelligence-type investigations in the national s ecurity
field there are a few basic points requiring clarification It
is believed that W e mus t first sweep away the my th that the FBI
now has any inves tigative authority based on the Presidential
directives dating from 1939 and that any inves tigative
responsibi W e 'derived from thos e directives is S 0 outdated as
to be very questionab le if not entirely void_ This is
3
o f cours e,
taking into consideration the national situation at the time the
directives were individually issued _
Secondly , it is believed that the FBI do es have a valid
reason to conduct intelligence-type investigations based on
the fact that there are laws Prohibiting a11 the various types 0 f
subversion truly affecting the national security and that the
Government has the right to protect itself from destruction by
conductin g wh atever preventive or intelligence-type investigations
are necess ary to S ee that individuals and organizations
do not do those things , in violation of the 1aw which could
threaten the national security _ Preventive or intelligence-type
investigations would include the us e of confidential informants
and sources of information, the calling on law enforcement officers
and patriotic citizens and organizations to furnish a 11 information
conc erning subversion to the FBI the collection 0 f overt
inte lligence data from publications an d other lic source
mat erial, including congressional hearings , and th e full s cal e
investigation 0 f allegations received from a1l sources
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Our intelligence-type investigations however, should
meticulous ly a dhere t0 de lines which would clearly prohibit
any intrusion or abridgement o f an individual 's rights guaranteed
un der the Constitution
2
particularly the First, Fourth and Fifth
Amendnents To assure that the proper delines are drawn W e
should request the Department 0 f Justice to issue them and then
afford the closest possible supervision 0 f investigation, both
in the field an d at He adquarters to S ee that our intelligence
investigations are kept within thes e guidelines The voicing
0 f this need does not indict our existing guidelines or careful
supervision , but merely recommends that ou1 responsibilities b e
described an d Where necess ary , circumscribed by the Attorney General
wh ose duty under the law is to supervise our activity
It appears that the most effective means 0 f laying to
rest the persistent complaints 0 f various critics that the FBI
engages in political surveillance (investigations) in violation 0 f
First and' Fourth Amendment rights is to have de finitive legis lative
enactment care fully state what the FBI must do to protect the
national S e curity Su ch could b e resolution 0 r s tatute, but should
cover in complete detai1 What acts should be investigated by the
FBI , and , in particular, that the FBI must conduct preventive or
intelligence-type investigations to protect the national s ecurity.
Under the political clinate e xisting in the country today ,
however , the pas s age 0 f either a statute or a resolution 0 f the
type needed is very remot e_ Be caus e of the mis conceptions and
misapprehensions surr ounding investigations relating to subversion ,
there is an atmosphere 0 f suspicion in congressional circles that
would likely stifle any at tempt to formulat e any such 1egis lation
at this time We should, h Ow ever , recommend to the Department that
consideration be given imme di at ely to sponsorin g s ome comprehensive
legislative enactment along the lines needed .
In the mean time , for the benefit 0 f the FBI , the
Department of Justice an d the rest 0 f the Executive Bran ch 0 f
Government , including the staff at the White House , it appears
that the next best thing is to have a comprehensive Executive
order issued , under the inherent Executive power , outlining
exactly what responsibilities the FBI has in the protection
0 f the nati0nal security and in furnishing the President
the data he needs to fulfill his responsibilities under the
Constitution
To b e effective such Executive order would have to
clearly define the FBI ' s intelligence collection responsibilities
an d Would necessarily have to contain 1anguage which would
satisfy the courts that First and Fourth Am endment rights are
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not being abrogat ed in any m anner. Language in such an order
Would ideally follow the basic language and purposes of Executive
Order 11605 _ since this deals with virtually every type of
subversive activity confronting the country today .
It is finally concluded that this s tudy has sh Own that
the FBI has in the pas t conducted n0 intelligence-type investigations
Which were not permissib le under the 1aw , particularly under the
concept that intelligence-type or preventive-type investigations
are 1awful when the product an d purpos e 0 f the investigation
is to prevent a violation 0 f a s tatute It is believed , however ,
that every area of our national s ecurity investigations should
be reviewed for the purpos e 0 f determining what additional
constitutional s afeguards should be considered _ This is particularly
true in light of the fact that much 0 f our investigative activity
in the pas t Was ge ared to the Emergency Detention Act , which wis
repealed in October, 1971 . We should m ake abs olutely certain,
for example, that the procedures adopted in s etting up our
Administrative Index, following repeal 0 f the Emergency Detention
Act , are not being used to circumvent the repe al of the
Emergency Detention Act In this regard , it is to b e noted that
a detailed study 0 f the Administrative Index has been underw ay
and is a ]most complete as 0 f this dat e _
RE COMME NDATIONS
1 That upon completion of a final draft 0 f the study
dealing Wi th this matter, a letter to the artment be prepared
containing the ess ence 0 f this study , pointing out our findings
and requesting (a) Th e Department ' s opinion concerning our findings ,
particularly directives dis cuss ed herein; (6) Th e Department ' s
on concerning the legality' 0f intelligence-type or preventive -
type investigations based on existing statutes ; (c) Requesting the
artment to issue comprehensive investigative guidelines for
future investigations o f the intelligence or preventive type;
(d) Requesting the Department to spons or comprehensive legislation
spelling out the FBI' s investigative authority in the collection 0 f
intelligence information relating to the national security ; and
(e) Requesting the Department to s eek a ' comprehensive Executive
order which would cover any possib le gaps betwe en s tatutory authority
an d Executive necessity in protection 0 f the national security
2 _ That a penetrative s tudy be completed at the
earliest possib le date concernin g a11 our current national
s ecurity investigative delines to insure that every pos s ible
s a feguard is in effect to protect the individual '$ rights
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J'
protected by the constitution; that the current study 0 f
procedures relating t0 the Administrative Index specifically
determine if any procedures are in effect which could b e interpreted
as a means to circumvent repeal 0 f the Emergency Detention Act
THOMAS J SMITH
CHIEF RESEARCH SECTION
DOME STIC INTELLIGENCE DIVISIOn
43
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4
NOTE: OnS On REVERSE
CLASSIFY As APPROPR IATE ting.
TO: Intelligence Comunity Staff FROM:
ATTN: Central Index FBI
SUBJECT: Abstract of Information Provided to Select Committees
Kow PROV IDED (check appropriate tefm . If a document was made available 2 DA TE PROVTDED
for review but t transmitted S0 note. )
DOCUMENT BR !EF ING INTERVIEW TEST MoNY OTHER
6/4/75
3 To WHOM PROVIDED check appropr iate term; add spec ific names if appropriate)
SSC
HSC
IDENTIF ICAT|ON (provide descriptive data for documents; give name 0f identification numbef 0 f br iefer ,
interviewee , testifier and subject)
Memorandun advising SSC that a document it desires i8 ave_lable
for review Only at FBI-Headquerters.
5 IN RESPONSE To (Tist date and item number if in response t0 formal request, other- 6 CLASS !FICATiON 0F
wise state verbal request o f ( name) , initiative , subpoena , etc.) INFORMATiON (enter
U , C, S, TS or
Codeword)
SSC letter 3/19/75; Part I, Legal' AuthorLties. U
KEY XORDS enter the appropriate words from the List provided separately; if words not listed are
used under 1 for emphasis)
Authorities legal
ALJFORVNTONSOIIAnZT
Intelligence ectivities, domestlc-
5Z7ES8 "E4n4
M1bL[6
8 SUMMARY see reverse side before complet ing this item)
Memorandum advises that In response to SSC request for an FBI
posttion peper dated 7/31/72, dLscussing the "iScope of FBI
Authority, Jurisdiction and Responslbiity in Domestic Intelli-
gence Investigattons the paper 18 being made avallable for
revlew only &t FBI Headquarters and ,Ith further conditlon that
no notes be taken during this Initlal review.
TREAT As" relLuw
5 _
SFP:lhb ORIGINAL VIA LIATSON TO CENTRAL COMUNTTY INDEX IN
(4) CONNECTION WITH 'SENSTUDY 75 _
62-116395 6-20-75
CLASS!FY As APPROPRIATE 379| (6.75 )
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INSTRUCTIONS
Type or print clearly in ink.
Indicate classification of the abstract top and bottom
Date the abstract and put on any internal control numbers required.
"FROM" entry should clearly identify the organization providing the
information.
If additions (as when a copy of document sent to SSC is later sent to
HSC) or changes to a previously submitted form are necessary , submit a_
copy_of the original abstract, with the change indicated.
SPECIFIC ITEM NO . 8 . SUMMARY enter brief narrative statement describing
substance of information and showing relationship to Intelligence 'Comunity
matters if appropriate_ feedback or evidence of investigatory interests
should be noted _ Commitments made to supply additional information should be
noted. Additionally, certain administrative information may be entered here,
e.g. restrictions on review of a document_
3
if document was paraphrased whether
interviewee is current or former employee, etc. If actual document or transcript
is provided, that fact should be noted and no summary is required_ Additional
pages may be attached if necessary.
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OPTIONAL FORM No. 10 5010-106
MaY 1962 EDition
GSA GEN: REG. NO. 27
Assoc. Dir. UNITED STATES GO RNMENT
Depa AD Adm.
AD Inv. Memorandum
Asst. Dir.:
Admin:
Comp. Syst.
Ext. Affairs
MR. WANNALL
Wvk4
DATE: 6/2/75 Filos & Com.
Gen. Inv.
Ident. k
Inspection
H. N. BASSETT
Loboratory
Legal Coun.
Plan: & Eval:
SUBJECT : SENSTUDY 75 Spec. Inv.
Training
Telephone Rm:
Director Sac'Y
In response to the Church Committee's request for Inspection Division
guidelines used for inspecting field offices and divisions (item #7_ Appendix B
of Senator Church's letter to the Attorney General dt ed 5/14/75) , this Division
has no objection to a review of the field and headquarters inspection manuals by
Members of Committee Staff
9
provided the review is conducted in FBI space
with an Inspection Division representative present.
L41
1 I
Mr _ Wannall (Mr. Cregar)
1
I
Bufile 62-116395
FBG:wmj
(4)
ALZ WFORMATION C?:' "4C;
ERE IS _d
55EE6Eat
@se-W
REc-1o0
2-/16 33_
L
Laet&
447 JUN 27 1975
8 4 JUN 2 7 1975
NW 88608 Docld:32989609 Page 181
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Page 182
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OPEINAL FORKzo. 10 S010-106 MAY 1962 EditioN
GSA GEN_ ReC. No. 27
UNITED STATES GO ERNMENT Assoc. Djn
AD
Dep. AD Memorandum
1 Mr . T J. Jenkins Asst. Dira:
Admin: 1 Mr . J. Ba Adams
Comp. Syst.
1 Mr _ E. W . Walsh Ext. Affairs
Mr . W _ R. DATE: 5/29/75 Files & Com.
Gen. Inv. Mr . T: R. Wannall
Ident.
FROM
czeoch
i
Mr . 0_ Cregar tnrginn
Mr . S_ F Phillips
Laboratory
Legal Coun.
Plan. & Eval:
SUBJECT SENSTUDY 75 Spec. Inv.
Troining
Telephone Rm.
Director Sec'y
This memorandum recommends that Bureau space be
provided Senate, Select Committee (SSC) Staff for review of
Bureau material and interviews of Bureau employees.
SSC Staff is in a phase of its inquiry concerning
Bureau operations which includes (1) review of considerable
FBI material (sections of manuals, forms SAC memoranda, etc
(2) interviews of Bureau employees; and
*3) briefing
of Staff
members by Bureau officials and supervisors_ For many very
sound reasons it would be to the Bureau S distinct advantage
to provide linited, but suitable space within the J Edgar_
Hoover Building to the SSC Staff_ Because we have been able
to Obtain tbe Staff's agreement to review much of our material
at FBIHQ , rather than its insistence on turning tbe material
over to the Staff, we are in a position of insuring the
security of our material by maintaining it in our space at al1
times_ Also, by baving the SSC Staff conduct its review of
the material in our space , we can bave personnel readily
available to answer their inquiries, thus precluding the
necessity for preparing otherwise needless correspondence and
eliminating the necessity for having our personnel present
throughout their reviews if they took place elsewhere_
Further_ from a psychological standpoint, it is to our
advantage that our employees be interviewed in our space rather
than in SSC offices. Finally space made available to SSC
Staff will also provide a desirable site for the various briefings
our people are giving to them. It should be noted that the
providing of the space which this memorandum recommends is
Similar to what we bave already done for the General Accounting
Office in connection with its audit of Our
operations_
62-116395
BEC-1OQ
SFP;mjg , RE JUN %*1975
(7) ALL IFORMATIOI CC; ` 3X CONTINUED QVEB
HjrbMT I8 Barhif JA 9LEs3
F
Oveedg68 8321d97589609 Page 182
Dep.
Wannall Wpw
wkae
AjA)
Ezpku
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Page 183
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Menorandum to Mr . W. R. Wannall
Re : Senstudy 75
62-116395
Space required Should be sufficient to accommodate
three desks and three chairs plus two or three file cabinets;
and including the necessary desks , chairs and cabinets.
Space Should approximate that currently used to accommodate
Section Chief S offices in the INTD .
Because the SSC Staff has already commenced some of
its review of Bureau material and has already engaged in some
briefings, it is essential that urgent attention be given this
request INTD bas already surveyed its space and would be
unable to accommodate tbe need involved.
ACTION:
Upon approval, Administrative Division Will
immediately take necessary steps to provide for the necessary
space and equipment described above_
6
Ie ~kane
uhated/Aax
~uuey 2 7oe2
e e
Rp
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w
4t
Auqbe
Ran Ou
2 L
NW 88608 Docld:32989609 Page 183
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el~elar
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We 2
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3 J
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Ite
CAulel
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Page 184
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OPTiONAL FORM No. 10 J010-106 GE12 EG.ovo. 27
UNITED STATES GOVERNMENT Assoc. Dir.
AD Adm 1 7 Mr. J. Ba Adans
ADI Invve
Memorandum SECasi
0 3
7 Mr . J, A. Mintz Asst. Dt-
Admin. (1-J B.Hotis)
Syst
Ext. Affairs TO MR. W_ R. WANNALL
DATE: 27 , 1975
Files & Com.
Gen. Inv. (1-Mr.P.V.Daly)
Ident.
FROM M- W
olpeREGAR ,
1 W. R. Wannall Inrertle} Ins
CrAtIon CoNT4itD 1
9
M;
T. W. Leavitt;
Laboratory
'3UZLAECiizd Mr. Wa Ag Branigan Plan. & Eval:
SUBJECT : SENSTUDY 75 SHOWN OTHEGWISZ
IECEL
Mr. W_ 0 Cregar
Training".
Legol
Telephone Rm. This memorandum reports the results of a
meeting *
Ditector Sech
between Mr _ John Elliff, Senate Select Committee (SSC) Staff
who is in charge of the task force looking into the FBL and
Messrs _ Wannall, Leavitt, Branigan, and Cregar _ Purpose of the
meeting
was to acquaint Elliff with the work of the CounterinEelli-
gence Branch in the Intelligence Division_
House_Select Committee (HSC)
Elliff advised that the SSC is concerned with how the
HSC to conduct its of the intelligence community_
He anticipates HSC may hold hearings very shortly and possibly
prior to the time the SSC underway _ At the present
Elliff knows of no agreement or plans to provide the HSC with copies
3
of intelligence community documents the SSC has been furnished_
8
Department _ 0f_Justice
C
According to Elliff, Kevin T Maroney
9
Deputy Assistant
Attorney General
9
Criminal Division, has agreed to allow Staff
Members of the SSC to review the Department S file on the
Intelligence Evaluation Committee (this was a Committee chaired
by the Department and evaved from one of the recommendations set
out .in the "Houston Plan Mi During its existence the Bureau had
several representatives assigned to the IEC)
Mr Maroney has also advised the SSC Staff that in the
1966-67 period the Departnent of Justice did an extensive study
on the legal authority for the conductaf electronic surveillances _
Elliff was
quite pleased that the Justice Department planned to make
this study available for review by Staff Members of the SSC in the
Department S
Building `and expressed the hope that the Bureau would
also see fit to allow Staff Members to review research and studies
thel Bureau might have conducted in the area of sensitive investis
gative techniques _
-lk3hs _
62-116395
CArT 5rrDJ 5744
WOC:ekw
*5/22/75
CZCIEL
CONTTNUEBr
JUN
298315
08v8es8863274.39759609
Page 184
Dep.
Dop:
Comp:
wr] May
Coun.
plans probe
gets time ,
27
REC-1OA
st-k Rsw)
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Page 185
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Memorandum to Mr. W. R,. Wannall
SECRET
RE : SENSTUDY 75
62-116395
Sensitive_Investigative_Techniques
Mr _ Elliff felt that much could be accomplished in
responding to the SSC request of 5/14/75 if the Bureau could
together the basic FBI documents delineating our legal
authority to engage in the following investigative techniques _
(1) Electronic surveillances, including consensual
electronic surveillances; (2) all forms of mail surveillances
including covers and openings; (3) physical surveillances
including Special Agent (SA) infiltration of target groups;
photography and remote viewing and sens ing devices (laser
beams) (4) surreptitious entries; (5) incommunicado interroga -
tions; and (6) bank credit; and other personal information_
It was Elliff' s opinion that if the Committee could
be allowed to review the legal authority for such surveillances
lalong with the documents showing how the decision-making process
wworked in instituting, approving and discontinuing such operations ,
Imuch of the misunderstandings some members of the Committee have
would be clarified. Elliff also felt a detailed brief of the
Committee with whatever limitations the Bureau desired to place
on the number and level of those to be briefed would be extremely
helpful in assisting the Committee in developing some authority
for the FBI to legally engage in such sensitive activities in
the future_
Three Priority Items of the_SSC
Elliff advised that in his judgment the three
priority items of the SSC regarding the FBI are as follows _
(1) Develop legislation to clearly delineate the Bureau S
jurisdictional authority in the security and counterintelligence
field. (2) Provide the Bureau with some authoritative basis,
either statutory or otherwise; to engage in certain counter-
intelligence activities i.e
9
surreptitious entry=
9
electronic
surveillances, incommunicado interviews
9
in national security
cases when the need for such activity has'xbeen clearly established.
(3) To improve the coordination between the FBI and the rest
of the intelligence community.
2 7
NW 88608 Docld:32989609 Page 185
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Memorandum to Mr . W. R_ Wannal1
SECURET
RE: SENSTUDY 75
62-116395
Elliff was questioned about the reason for the
third priority. He responded by noting that one President
KNixon) had stated that in 1970 there was a
breakdown in the
relations between-the FBI and the rest of the intelligence
community Elliff was informed that this was not that the
discontinuance of a formal liaison relationship with Central
Intelligence Agency (CIA) and subsequently the rest of the
intelligence community in 1970 did not mean that there was a
breakdown in coordination. Elliff asked the Bureau dis-
continued a formal liaison relationship with CIA in early 1970.
We briefly reviewed for Elliff the Thomas Riha case pointing
out that M Kelley had personally caused a review of that
case in an effort to determine whether it, in fact, was the
reason for the discontinuance of our
liaison relationship with
the CIA_ Elliff was informed that this was the case In
addition, we discussed with Elliff the 1966 understanding
between CIA and the FBI and made it quite clear to hin that
we felt the relationship with not CIA but the entire
intelligence community
was excellent _
Other Matters ofInterest
During the course 0f the brief Elliff was shown
charts depicting the inordinate increase of Sino-Soviet bloc
official presence in the U. S _ from 1959 through January , 1975,
the growth of the presence of foreign hostile intelligence
officials in the U_ S_ during this Same period compared with
the static number of SAs we had working against this threat
dur this Same period. Elliff was concerned over the fact
that the presence of Sino-Soviet bloc officials as well as the
intelligence officers increased substantially while the number
of SAs dedicated to
counterintelligence investigations remained
static. He wondered this was SO Elliff was advised that
it was 2 question of manpower
and priorities _ He was told that
during the 1959-1975 period there was a considerable demand for
the usecof SA personnel in the fields of organized crime, civil
fights,&ghetto riots _ In addition, during that period of time
additional investigative responsibilities
were
placed upon the
FBI by virtue of new legislation_
3
ZEzl
NW 88608 Docld:32989609 Page 186
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why
only
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why
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Page 187
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SFCRET
Memorandum to Mr W_ RS Wannall
RE: SENSTUDY 75
62-116395
Elliff was also interested in knowing whether our
legal attaches were operational in the counterintelligence field_
He was advised were not. Elliff also asked whether CIA
made available to the FBI their latest technical developments _
He was advised that we believed did_
Finally, Elliff desired to know whether the FBI had
received,any documents from another Government agency (CIA)
whereink the Bureau was requested to syrreptitiously enter the
Chilean Embassy in Washington, DJ "c3BHe was advised that this
would have to be researched and that we would be in touch with
him on this particular subject _
RECOMMENDATIONS:
(1) We have already begun to examine the material asked
for regarding the FBI' s legal authority and implication of
sensitive investigative techniques_ Once examined and analyzed,
we will submit recommendations as to how we should proceed taking
into consideration the observations and suggestions of Elliff.
(2) We are together the documents regarding
the Chilean Embassy
episodajene
with approval will suggest
Elliff submit his specific request in wr iting. through the AG _
Pun
SECRET
4 =
NW 88608 Docld:32989609 187
they
they
pull
we
Y
(btoluah
Ofwp X
Wdk
Page
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Page 188
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OPTiONAL fORM No. 10 5010-106
MAY 1962 "ition
GSA GEN: REG_ No. 37
ONTTED STATES GOVERNMENT
Assoc. Dir_
Dep. ARIA Memorandum
2 7 Mr _ J_ A . Mintz ADe?: Ditaln
(1
T Mr J . Bs Hotis) Admin
Comp: Syst.
Ext. Affairs TO Mr _ W _ R. Wannall DATE: June 17 , 1975 Files & Com.
Gen. Inv
1 Mr . W _ R. Wannall Iaitt d
FROM _ 0
Cregej&
Mr W _ 0_ Cregar i
Mr _ J. W _ Dalseg Laboratory
Plan. & Eval: Mr _ T, McNj #
SUBJECT Spec. Inv. SENATE SELECT COMNITTEE
Training
Legal Coun.
Telephone Rm.
Director Sec y Re ference is made to memorandum from Office of
Legal Counsel to Mr J _ Ba Adams dated June 10 , 1975 , captioned
as above , (copy attached) wherein it was recommended and approved
that representatives Of the Intelligence Division meet with
Mr _ KS William 0'Connor Special Counsel for Intelligence
Coordination , Office of the Deputy Attorney General for the
purpose of briefing him concerning the contents of a Bureau letter
to Mr George P Williams Associate Counsel to the President at
the White House dated
Juiy
23 = 1974, captioned "Electronic
Coverage Placed at the Request of the White House JJ
By way of background the Senate Select Committee (SSC)
has requested certain documents and information relating to the
so-called "Kissinger 17 11 Some Of this information has already
been prepared and furnished to 0'Connor with the caveats that the
Government has not publicly admitted to 15 of the coverages involved
and some ma terial relating to the remaining two has been impounded
by court order due to pending civil suits The decision was left
to the Department as to whether or not material prepared in
respogge
to SSC requests should be made available to that Committee
Mr 0"Connor on June 1975 requested 0f Assistant Director
1
John Mintz a briefing as to the contents of the above July 23
letter which he believed summarized information available to the
e8+,
Bureau concerning the 17 wire taps _
On June 17 , 1975 , Special Agents John W Dalseg and
0
Thomas J _ McNiff met with Mr William 0'Connor and the latter's
assistant Michael T. Shaheen) in the office of Mr _ 0'Connor AAfte
a briefing on the contents of the July 23 1974 _ letter Mr 0'Cogor
concluded that information contained in that letter and its
enclosures is too sketchy to enable a knowledgeable determination
be made as to whether or not requested material should be released
to SSC _ Mr_ 0'Connor stated he believed such a determination could
only be made after a review of the entire file relating to the
Enclosure
REC : 102 ba |l6378_
62-116395
@cLosure
CONTINUED
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47
JUN 26 4975
1 T
65-75085
NLL INFORMATIQN CONTasw
ADDENDUM PAGE 3
TJM edntl
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Page 189
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Memorandum to Mr _ W . R. Wannall
Re : Senate Select Committee
62-116395
"Kissinger 17" and he stated his office Would, in the near future,
prepare 3 letter to the Director Similarly requesting that
Mr Shaheen or some other designated representative of his staff
be granted authority to review the Bureau file concerning the
matter in question
OBSERVATIONS :
During the above conversation Mr 0'Connor appeared to
be primarily interested in the completeness of the Bureau file with
regard to ma tters re lating to the "Kissinger 17" and to what degree
informa tion in this file had been made public_ It was explained to
Mr 0'Connor
}
who appeared knowledgeable concerning the history of
these documents, that this file contains all communications known
to be in existence concerning the "Kissinger 17 "i but no one can
state with certainty, due to the manner in which this material was
handled at the specific request of the White House
$
that the file
contains al1 communications prepared in this matter With regard
to publicity afforded these documents , Mr 0'Connor stated he is
familiar with the documents which had been made available to the
Department for referral to various Committees and he is familiar
with excised vers ions of these documents which had been published
by these Committees He indicated that the Department's present
problem is that no record has been located in the Department to
date 25 to just which material or in what form such ma terial
furnished by the Bureau to the Department was subsequently turned
over to the Committees by the Department. 0'Connor stated it
could be embarrassing at this time to make ava ilable to the SSC
material which had not previously been made ava ilable to the
Congressional Comnittees and equa lly embarrassing to withhold
from the SSC material which was previously furnished Congressional
Committees
ACTION:
None Above submitted for information .
2
NW 88608 Docld: 32989609 Page 189
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Page 190
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ADDENDUM: INTELLIGENCE DIVISION TJM:lhb 6/19/75
In anticipation of Department s request cited in
instant memorandum to review Bureau files concerning the so-called
"Kissinger 17,"' Special Agent (SA) Robert F Peterson, Office of
Legal Counsel on
6/18/75 contacted Department Attorney Edward
Christenbury: who is
handling the Halperin Civil Suits to
determine if the United States District Court 1 S (USDC) impoundment
would prevent this Bureau making available this' file to
representatives of the Department Christenbury , late 6/18/75,
advised SA Peterson that he , Christenbury, had contacted plaintiff' $
(Halperin) attorney, who advised he had no objection to this
file being made available to a Department representative for
review_ Christenbury then attempted to contact USDC Judge
John Lewis Smith, who issued the impoundment order in this matter _
Christenbury spoke to Judge Smith
S law clerk? who advised that
in view of the position taken by plaintiff' s attorney, he did
not believe that Judge Smith would interpose any objection to
the Department 7 S anticipated request. The law clerk stated,
however _
9
that he would contact Judge Smith at the earliest
opportunity to obtain a
ruling and would advise Christenbury of
the results_
You will be advised of the results when received_
hlP
85
Pu
K
NW 88608 Docld:32989609 Page 190
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OPTIONAL #oh No.10
MAY *6? Ediribaj
Gs^ FpMK (11 CfW io1-11.6
Ksc_ Dit . UNITED STATES GOVERNMENT
AD Ain.
Ep X0 Inx Memorandum
Dir::
Adtnin-
Syst:
E0_ARoir
Filos & Cata: TO Mr . J. B Adams DATE: 6/10/75
3- Inv.
Ent -
mspction
Il% FROM Legal Counsel
tuardtary
Lagal Coun.
3 Evajs
Scoc- Inv_ SUBJECT: SENA TE SELECT COMMITTEE
#raining
Toephoro Rt:
Dinctor Sac'y On 6/9/75 , Mr. K. William 0'Connor telephonically
advised me that the Committee is interested in information concerning
certain electronic surveillance_coverage instituted at the request of the
White House_concerning seventeen individuals. Mr. 0'Connor said that
he understands that a letter was addressed to the White House by the
Bureau furnishing copies of documents that summarized the information
available to the Bureau concerning the alleged seventeen wiretaps.
Mr. 0'Connor requested that he be briefed concerning this matter
in order for him to discuss the Committee's requests.
Lt appears that Mr_ 0'Connor may be referring to & ietter
dated July 23, 1974, that was addressed to Mr George P. Williams;
Associate Counsel to the President; at the White House. A memorandun
was addressed to the Attorney General also dated July 23, 1974, captionea
"Electronic Coverage Placed At The Request of the White House M which
advised the Department that pursuant to the authorization of the Deputy
Attorney General certain documents had been furnished-to Mr. Williams
at the White House.
RECOMMENDA TION:
That the Intelligence Division identify the materials involved
in Mr. 0'Connor's request and provide him with an appropriate briefing:
1 ~ Mr. Wannall
Wehz _
1 E
Mr. Cregar
1
7
Mr. Hotis
1 Mr. Daly
Pj
1 Mr. Mintz
JAM:mtm ALL INFORMATHONOCCNThIned
(ZnZrv
HEREIN Is UXHLASSFFIEICse# 87ox7 _
DATE
328 Bizssssgkykk
63 ,/b?74'=
@ICLOSURE"
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OPTIOMAL FORH No. 10
MaY 1962 Edition
GSA FPMR (41 Cfr iot-11.6
Assoc . Dir. UNITED STATES GOVERNMENT
Memorandum
Asst. Die
Admin.
Comp. Syst.
Ext. Affairs
TO DATE: Filos & Com. Mr _ J_ B_ Adams 6-18-75
Gon. Inv.
Idont.
Ins poction
FROM Intell: Legal Counse Laboroto
JLagali Cot
Pian. & Eval_
SUBJECT: 'SENSTUDY 75
Eiainingr_
Telephone Rm:
Diroctor Soc'y
By memo dated 6-10-75 , you were advised that
KS William 0'Connor Special Counsel for Intelligence
Coordination in the Department , requested he be allowed to
review a summary prepared concerning the so called "Kisginger
17" wiretaps since the Senate Select Committe had included a
request for information concerning them in their letter of
May 14 , 1975 _ Mr - 0' Connor and his Deputy
1
Michael Shaheen ,
reviewed the summaries
At Mr 0'Connor 9 request , a conference was held
with Messrs 0'Connor and Shaheen and SA Robert Peterson ,
SA Paul V_ Daly, Inspector John B Hotis
1
and Assistant
Director John A Mintz present to discuss the SSC request for
documents concerning the "Kissinger 17" wiretaps and his concern
that the furnishing 0f such documents might adversely impact
on existing litigation involving the Bureau, and may subject the
Bureau to additional lawsuits Most of the documents in question
are also under a protective order of the Court in the Halperin
Case and therefore , a release must be orchestrated with the
Court_ Mr 0 'Connor suggested that a summary 0f existing
summaries of these wiretaps be prepared by the Department and
with the acquiescence Of the Court which issued the protective
order be made available for review by the Committee in the
1 I Mr _ Wannall
(Attn: Mr _ Cregar) "IL DFORMATTON COQITTAINJO
1 Mr _ Mintz SARmml DE z
BY |
1 Mr . Hotis
1 Mr
REC: 102
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CDE
N833 2 6 1975 US; Bonds Regularly on tbe Payroll Plan
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Dopa
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Savings Buy Savings
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Page 193
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Legal Counsel to Adams
1
Memo
Re : SENSTUDY 75
Department Of Justice_ Mr 0'Connor also mentioned that the
summary would, of course, have to set forth ebe sufficient
information to allow the Committee to make a determination that the
information derived from these wiretaps was
not used for political
purposes _ Mr Mintz expressed concern that the publication
or leaking 0f information from summaries could expand the number
and nature of suits facing the Bureau and suggested the Department
should in obtaining the Court approval for Making the summaries
available_
1
request the Court to issue appropriate safeguards
against publication of such information Mr 0'Connor stated
that such a recommendation to the Court would be proper and that
this would be done _
Mr Mintz told Mr 0'Connor that the Bureau at this
time cannot make a commitment to the making available of the
summaries to the Committee without further study and approval_
1
and an approval would be sought expeditiously Additionally,
Mr Mintz requested that the Bureau be. given the opportunity to
review the summaries prepared by the Department to insure the
Bureau S interests are protected_
RECOMMENDATION :
That we notify the Department that we are in agreement
concerning the preparation_ of summaries based on existing
summaries Of "Rissinger 17" wiretaps with the provision that
we be, given the opportunity to review these summaries prior
to the Department seeking Court approval for making them
available_
Y
Reh
NA
2
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2 4 Mx . J . A _ Mintz
(1 F Mr J, B Hotis)
Mr _ W . R Wanna11 3 -
Mr . W _ 0 Cregar
The Attorney General June 9, 1975
1 L Mr . Ra H. Horner
Director, FBI 1 Mr . T . E. Burns
UNITED STATES SENATE_SELECLCOMITTEE
ON INTELLIGENCE ACTIVITIES (SSC)
By letter dated May 14, 1975 , with attached appendices
1 the SSC requested certain information and documents fron the FBI
Enclosed for your approval and forwarding to the
Connittec 1s the original Of a memorandun containing a
response to one 02 the Comnittec's rcquests _
4 Copy 02 this Rerorandud 19 bcing furniched for
your records
Enclosures T 2
62-116395
1 4
The Deputy Attorney Genoral
Attention: K Willian 0'Connor
Spocial Counsel for
Intelligencc Coordination
TEB :dnt
8}
(10)
3 WORIAT-oz7 Cox7i '
Kb
00
Soes2eukp
BYS
M)e-/6
Assoc. Dir.
Dep. AD Adm.
ENicz'
AD Inv.
Asst. Dir :
Admin.
Syst.
Affairs
Files & Com.
Gcn. Inv .
Ident.
pection
Intell.
REC-: 102
Pidoratoeva]
62-IL:l_
Spec. Inv.
Troining
Legal Coun.
47 JUn 26 {975
Telephonc Rm_
D BOOM TELETYPE UNIT {7o %7.w
"RzeJUi 8.e1487509609
194
e73n)
Dep. 3
Comp:
Ext-
33n0d~
Ins
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Page
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Page 195
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2 5 Mr . J. A. Mintz
4 Mr _ J, B. Hotis)
5 R. Wannal1
Ne
#:
R.
8; Goeger
62-116395 Mr . T, B, Burns
June 1975
UNITED BTAIES SeyaTz] 8MLBCT COWITTNB
To STUDY GOVEpNNtal_OPBRATIONS WITH
RBSRECI I0 INTELLIGENCB ACTIVITIES (CSC)
RE: REQuEST]_YEETAINING 70 MLECJRONIC
SURVEILLARCE ALL MORMATTON CONTAINED
3SFZi
~AC
SUEISieur?
MDe-16
Reference 19 pade to eSC letter dated May 14, 1975,
Ptth attached appendIcee , requeeting Certald docunents and
other Inforuation Erou the FBI .
Iter numbor Appandix D, requeetb that Ritb
respect to each Occ3bio0 op wbtch the Director 0f the RDI
tent fJed bafore the Houge appropriatlons ComnIttee fron
1965 unti] tbe preaent, tbo pumber 01 carrantless electronic
purve1) lanced 1 operatzon be prOvided for:
(a) The date 0f euch teetInony;
(6)
30 daya prlor to euch teatInony; and
(c) 30 deye subeaquent to 8uch testiuony .
Det forth belov 18 tbe number 0f warrantlege
electrontc purve1llanced In operatlon MItb reepect to oach
occaston an whicb tbe Dtreotor 0p the FBI testarjod bafore
the Bouge Approprjattona Conmtttea fro@ 1965 unt1l presedt E
Algo set fortb Por part Of 1967 and a21 Of 1968 throueh 1973
ar0 tbo dumbar 0f Bucb warrantlese electronic survet2 Zancee
#0 Oparation approstma 30 daye prior t0 such teetjeony
Assoc . Dir.
and approxtnatoly 30 daya eubeequent to guch teatInony _ As
Dep: AD Adm. 0 robult 0f8 the mander Jn abicb QWr fIling eyeted 1 prebently
Dep. AD Inv_
Asst. Dir::
Constatuted, etetletic3 covering tbe poriod 30 daye before the
Admin.
DArector '0 teetInony and 30 daye Rokloving bto teatinony for
Syst_ the yeare 1965, 1966 and part Of 1967 are not ataltablo 05 0
Ext. Afta
Files & Com.
practical matter. Furthermore, the number 10 oporation 30 daye
Gen. Inv.
Ident.
Ins pection
Intell. TEB:dmt
Laboratory
Plan. & Evol,
(9) SBB NOIEB PAGB 3
Spec. Inv.
Ihiiodoontsidd ioureaored i# response to yowr request and [s not for dissemi-
Training nation outside your Committee. Its use is limited to official proceedings
Legal Coun. Committee and the content moy not be disclosed to aonthoroizee by
Telephone Rm. nel without the express_approval of theFBL person
Dlrector Sec'y MAIL ROOM TELETYPE UNIT 2
54
NW 88608 Docld:32989609 Page 195
ENCLOSURE
9,
21,
tely
Comp;
irs
si
dot
VOuT
==================================================
Page 196
==================================================
UNITED BTATES BENaIe: SELRCT COMITTEE
To 87uDY COVBRNRNTAL_ OPERATIONS]_WITH
REGPECI To INTELLICENCE ACTIVITIES (BSC)
Prfor to and 30 daye subsoquent to the DLrector'a teetieony
could pot ba deterntnad In a21 Jnatanced and therafore, the
flguree provlded and for dated a8 Ologe to tbe 30-day €ine
8ramo a0 practIcable .
EAnally , the D rector coasod tebt_fylvg before
tho Houne Approprjattona Counittee roeardAob the pueber 01
warrentloes electronfc ourve_llances 10 operatjon Jubaoquent
to Ata Varch 2, 1972, #pperranco And] therOtore tbe requebt
15 unaneorablo Vlth reapect to 1973, 1074 and 1978,
DATE Qp
ERE DIEEC40R'9 IEBTLQN ANIER
Yaroh 4, 1965
Ratrloval dot RNP
Practicable (ENP)
Februiary 1O, 1966
EP 33 RNP
Tebruary 16, 2987 Karch 13, 1967
BNP 38 42
Jequary 16, 2968 Robruary 28, 1988 Warch 22, 1988
33 33 33
March 14, 1960 Apr11 17, 1969 Vay 15, 1969
46 49 50
February 5, 1970 Narch 5, 1970 Apr4} 04 2970
38 36 37
Yobruary 10, 1071 Krrch 17, 1971 Aprq] 17, 1971
33 a3 40
January 31, 1973 March 2, 1972 March 31, 1972
32 34 35
1 4
Tbe Attorney General
2 -
NW 88608 Docld:32989609 Page 196
==================================================
Page 197
==================================================
UNITED STATES SENATE SELECT COLIITTEE
TO STUDY GOVERNMENTAL OPERATIONS WITH
RESRECT TO INTELLIGCNCE ACTIVITIES (SSC)
NOTE:
The above material Thich we are furnishing the
Conmittee was Supplied by tho Special Records and Bclated
Research Unit 0i IS t 3 Thtch has responsibility for
information in the requested aroa Sinilarly, this Unit
detormined that the infornation requested was not rctrievable
a5 2 practical matter with regard to 1965, 1966 and part
Of 1957 the 30 - tine franc,and for the years 1973, 1974
and 1975 .
Le 3 =
NW 88608 Docld:32989609 Page 197
day
==================================================
Page 198
==================================================
5-140 (Rev. 1-21-74) FEDERAL BUREAU OF INVESTIGATION
WASHINGTON, D. C: 20535
ddressee: Senate_Select_Comittee
LTR LHM Memo Report dated
Uesi SeBateenSelect Comittee to Study
6y93358,
aption Operations with Respect to Intelli-
gence activities.Re: Request Pertaining to
Electronic Surveillance
Originating Office: FBI
Delivered by: Date:
'_3-253
Received by:
DuY
Title:
Return this receipt to the Intelligence Division, FBI
AZL DTFOZc; -
#REIN IS r"
OIo
Taugspinukg
NW 88608 Docld:32989609 Page 198
M)e-Wb
==================================================
Page 199
==================================================
YOTE : SEE instructions On REVERSE
CLASSIFY As APPROPR IATE BEFORE COMPLETinG _
To: Intelligence Comunity Staff FROM:
ATTN: Central Index Federal Bureau 02 Investigetion
SUBJECT: Abstract of Information Provided to Select Committees
How PROV ! DED check appropriate term _ I f document was made availab]e 2 DA TE PRov | DED
for review but not transmitted s0 note. )
6/9/75
DOCUMENT BR IEF ING NTERV|EW TESTiMONY OTHER
3 To WHOM PROV [DED check approprlate term; add spec i fic name $ if appropriate)
SSC J_ T . Elliff
KsC
4 IDENTIFICAT | ON (provide descriptive data for document s; give name or identificat number 0 f briefef ,
interviewee , testifier subject)
Request Pertaining to Electronic Surveillance
5 IN RESPONSE To (Tist date and item number i f in response t0 formal request , other- 6 . CLASSIFICATION 0F
wise state verbal request 0 f (name) , initiative , subpoena , etc.) INFORMA Tion enter_
U , C, S , TS of
Codeword) SSC letter 5/14/75, Appendix D, Item 21 .
"U"
KEY WORDS (enter the appropriate key words from the ist provided separately; i f words not listed are
used underline for emphas is)
ICJ COETATNEL
SURVEILLANCE
T
ZzEZTPAU
MbDz
8 SUMMARY (see revers e s ide be fore complet ing this item)
Furnishes SSC with number where available, of warrantless
electronic surveillances operated by FBI at time of Director' s
testimony before House Appropriations Comittee, as well as
number in effect approximately 30 deys prior and subsequent to
such testimony _
Note ;
Oxyae via faieos&: 6xbialComnuix7 Ineex
in
Enneaton ich _naTely 7 5,
6-24-75" ZFS
L
TJM:lhb
TEAT RS YEZLOW
(4)
62-116395
CLASSIFY As APPROPRIATE 379| (6.75 )
NW 88608 Docld:32989609 Page 199
ion
and
key
LVD
rtn
==================================================
Page 200
==================================================
INSTRUCTIONS
Type or print clearly in ink.
Indicate classification of the abstract and bottom.
Date the abstract and put on any internal control numbers required.
"FROM" entry should clearly identify the organization providing the
information.
If additions (as when a copy of document sent to SSC is later sent to
HSC) or changes to a previously submitted form are necessary , submit a
copy of the original abstract, with the change indicated_
SPECIFIC ITEM NO _ 8, SUMMARY enter brief narrative statenent describing
substance of information and showing relationship to Intelligence Community
matters if appropriate_ feedback or evidence of investigatory interests
should be noted_ Commitments made to supply additional information should be
noted_ Additionally, certain administrative information may be entered here,
e.g. restrictions on review of a document
>
if document was paraphrased
9
whether
interviewee is current or former employee, etc. If actual document or transcript
is provided, that fact should be noted and no summary is required_ Additional
pages may be attached if necessary.
NW 88608 Docld:32989609 200
top
Any
Page
==================================================
Page 201
==================================================
OPTIOnal eifcNo. 1o
MM4P6?
GSA fpnir (41 CFr 101-11.6
Assoc . Dir. UNITED STATES GOVERNMENT
AD Adm.
Dep. AD Inv. Memorandum
Asst. Dir.:
Admin.
Comp. Syst.
Ext. Affairs
Files & Com. Mr. J. B. Adams DATE: 6-6-75
Gen. Inv.
Idebt_
Ins Ttion
Intetl_ FROM Legal Counsel} CO777ALTC Laberateh
2t3
Lojats
D13
IespiL
'Pian. Eval
Spec. Inv. SUBJECT= SENSTUDY 75
Training
Telaphone Rm.
Director Soc'y
Mark Gitenstein, staff member of captioned Committee
who has been doing an extensive inquiry into the "official and confidential"
files reportedly maintained in former Director Hoover's office,
telephonically contacted SA Paul V_ Daly 6-5-75 and requested the
identities of the employees who had brought the material from the
Director's office during 1972, to Mr. Hoover's residence and
to Mr. Felt's office_
way of background,
2
Mr_ Gitenstein has obtained through
interview Of Mr_ Felt, former Assistant to the Director John P. Mohr_
9 and other Bureau personnel familiar with the operations 0f the Director's_
office, considerable knowledge concerning the Official and confidential
files. There is also an extensive request contained in captioned Committee's
letter of 5-4-75 pertaining to information surrounding these files.
Additionally, we responded to a request of the Committee contained in their
letter of 4-28-75 pertaining to the allegation of removal 0f certain material
from Mr. Hoover's residence after the death of former Associate Director
Clyde Tolson. We have not, at this point, determined that Bureau documents
have been removed from Bureau space to Mr. Hoover's residence or any
other place outside the Bureau. However , it is apparent that Mr. Gitenstein
has information, or believes he has information, relating to the removal
of Bureau documents.
Mr. Gitenstein stated he had recontacted former
23.7ogu8289X/
to the Director John P. Mohr on 6-5-75 and Mr. Mohr, in response to
Mr. Gitenstein 's question, stated that the identities of employees who may
have brought material from the Director's office to Mr. Hoover's residence
and to Mr. Felt's office subsequent to Mr_ Hoover's death_cguld be learned
through an inquiry in the Mechanical Section supply room
62-116395 III
1 5
Mr. Wannall 1 5
Mr . Hotis
1
Ia
Mr _ Cregar 1 - Mr: Walsh
1 ~
Mr. Bassett 1 44
Mr_ Daly
2 7 Mr. Mintz
~PVD:kis (10) CONTINUED - 'OVER
8 &(
3 1 1975 pByg H;S; Bonds Regularly on the Payroll Savings Plan
NW 8860MnDocId:32989609
Dep.
'ro?t
L z0 & Izo?4t"
U,Cilisr
Du~JI 3w
Tf[6
May,
By
REC %8
Savings
==================================================
Page 202
==================================================
Legal Counsel to Mr. J. B. Adams
RE: SENSTUDY 75
In light of this response Mr . Gitenstein requested that
the Bureau identify the personnel involved and it is his obvious intention
that the personnel will be interviewed.
Inasmuch as the Inspection Division is conducting inquiry
into this matter it would appear proper for that Division to determine
the identities of such personnel and, if deemed necessary, interview in
connection with the current inquiry_ It is also believed that while this
request is oral in nature from the Committee, we should consider
furnishing the information a8 to the identities 'of employees to the
Committee inasmuch as if we do not respond to the oral request
Mr . Gitenstein indicated, because of the Committee'8 interest in this
matter there would be no problem in his obtaining authority to furnish the
request in writing. It is apparent at this that we would not be able
to keep such information from the Committee if such a written request were
to be received. Additionally, by responding to the oral request it will
encourage the Committee, in the areas they described as "abuse-type, 11
to give us an advance indication aS to their inquiries.
RECOMMENDATION:
That the Inspection Division make the necessary inquiry
concerning the identities of the employees and, if deemed advisable,
make available to the Legal Analysis Office that information which will
be furnished to the Committee_
Wern
p? 4s* lpus
01
(u^
2 5
NW 88608 Docld:32989609 Page 202
point
==================================================
Page 203
==================================================
1 Mr _ J: Ba Adans
1 Mr_ J_ A. Mintz
1 Mr _ J. B_ Hotis
The Attorney General 29 , 1975
1 Mr . W_ R Wanna1l Director
9
FBI
1 - M. H. 0 Cregar
U_ S. SEEJATE SELECI_COENTTTEE TO
STUDY GOVERINZNTAZ OPERATIO:S TITH
RESPECT TO INTCLLIGEICE ACTIVITIES
Enclosed for your infornation is the original of
a mcnorancum concerning the interviert of retired Special
Agent Charles D Brennan by nembers of the Senate Select
Comittee Staff 4 copy of this memorandun is algo enclosed
for fortarding to Br _ James A. Vilderotter
9
Associate Counsel
to the President.
3
Enclosures 2
ALL INFORMATION CONTAINED
0
62-116395 HEREIN IS UNCLASSIFIED
FOC :ekw'
ekv
DATE? -ee-ELBY SeyslnLl
8
6
(10) 6076
NOTE: See menoranaum W_ 0 Cregar to Mr _ T. RS Wannall,
8
captioned ""Senstudy 75, 11 dated 5/28/75 , prepared by FOC:elv _
2
1 100-106670 (Martin Luther Jr.)
1 67-428100 (Personnel File of Charles D Brennan)
8
8
Assoe. Dir.
:;4r
AD Adm.
Hz; [. :
AD Inv.
Asst. Dir.:
4<
Admin.
Pvk'
Comp. Syst.
Pubjii'
Ext. Affairs
4 0 7
Files & Com.
Gen, Inv.
Ident.
Inspcction
Intell.
Laboratory
JEZs
Plan. & Eval_
Spcc. Inee
Training
Legal Coun'
8w JUN 26 1975
Telephone Rm. 466217"
Director Sec ~MAIL ROOM TELETYPE UNIT GP0 %+-745
38888314668197989609
203
May
X
King,
,41
~Y-4 Dep.
Dep. i2ruf)
102
REC;
~J8C1
elm
Page
==================================================
Page 204
==================================================
Ba Adans
1e
E, Honts
RS Wannall
62-116395
29 ,
1975
1 5 Mr. W. 0. Cregar
U. S. SEATE SELECT' COMMITIEE 30 STUJ
COVERNMENTAL OPERRNTIOIYS WITH
RESPECT TO INTELIIGEICE ACTIVITLS
RE: INIERVIEI OF RETIRED SPECIAZ AGENT (S4)
CHARLES D, BRENNTANBY STATF MEMBERS OF
9} J7C SENATE SELECT COMITTEE (SSC)
8
Set out below 18 inforwation voluntartly furnshed
to the FBI by rettred SA Charles D, Brennan followIng his
voluntary intervlev by Mark Gtenstetn and two other IndIviauels
wbose Names Brennan dld not get. GItensteIn a8 well 08 the
two unnaaed IndIvlduals taent_fted thenselves 00 Staff Membere
Qf the SSC , The Intervtev whtch took plece In Waahlngton, D
On May+22, 1975 , lasted approxluately two bours: Brennan wab
not provLaed wIth 0
copy OfSenate Resolutlon 21; wes not
provided wIth 0 copy Of the Ruleg of Procedure of the SSC;
nor was
he advlsed 0f hi8 rlghta Including h18 right to prIvate
counsel _
The Intervlew , whIch vas not conducted under oath,
covered three speclflc areas: the organtzational structure
0f the FBI; Martin Luther Jr.; and COINTELPRO .
with regard to the organtzattonal structure, tbey
asked Brennan to jescrIbe what 0
unlt, sectlon, antl dIvislon
congtItuted at FBI Headquarters_ showed htm several coptes
of C. D. Brennan to 1 C. Sullivan nenoranta egking him ebout
Assoc. Dir. pecLEIc facts conteIned in these memorancia . When Brennan fellec'
Dep. AD Adm.
Dep: AD Inv_ o have Intimate knozledge Of the nemorande, wandered why
Asst. Dir.; he hed such 0
poor nemory when in fact weze memorande Erot
Admin.
Comp. Syst. hlu. Brennan then proceeded to explatn hov- such memorenca Tere
Ext. Affoirs (Memoranda are in the name of the Section Chief,
Files & Com.
'e_ Brennan to the
8581BEeBargdectche
i.e Sullivan, but this
Gen. Inv. 4
Ident.
"does:not-neces= ' {eergonnarn tibeta oEren321ezogldBPEGBa5; or even see t81
Ins pection 1 67-428100 Tegeaacd3 .Jn
Intell_
Laboratory WOC :ekw (10) SEE NOTE PAGE TWO
Plan. & Eval; 1006106670
(Martin Iuther King, Jr.)
Spec. Inv
Tra
Legol Coun.
Telephone
Director Sec'Y MAIL ROOM TELETYPE UNIT ENCLOSURE cp) 954-545
NW 88608 Docld:32989609 Page 204
J_~lu:/ Ji
0
1
: 0
L
1
0
2
C.,
King,
They
they
they
Prepared
ining
Rm.
==================================================
Page 205
==================================================
SEEIATE SELECT COMITTEE Ow INTELLICENCE ACTIVITIES
RE: INTERVIEW OF SA CHARLES D. BRENNAN BY SSC
WIth regara to MartIn Luther Brennan advised
chat he the impregsion from the Steff Members they felt
the Bureau had an "IllegItImate" interest In King. Brennan
countered by beyIng the basle for the FBI intereet In
Ve8
predlcated On the conmainLst Influence surrounding Klng.
He wes a8ked If the
Bureau employed nany Wireteps egaInat KIng
to whtch he answered that moBt Of the Inforwatton obte ined waa
derlved from lIve Informante.
ReletIve to
the COINTELPRO, Brennan advLsed the
Steff Members he couldn'€ be very speclflc regarding COINTELPRO
Inasmuch 08 he did not pay too Much attentLon to It_ They
questLoned htm about this stateuent and Brennan stated that
when you would compare COINTELPRO to such actIv_ttee a5 the
Bay of Plg8 and the Glomar Explorer _
0
COINTELPRO was "peanutb .
Brenan wes asked why he didn t recamend COINTELPRO be d18-
contInued to which he replled "If City Hall wants You g1ve
1i them what want _
NOTE: See menorandum W_ 0 Cregar to M. W. Ra Wannall,
captIoned "Senstudy 75, M
dated 5/28/75, prepared by WOC:eku _
2
NW 88608 Docld:32989609 Page 205
King, Jr.'
g0t
King
It,
they
==================================================
Page 206
==================================================
SEE instruct | OnS On REVERSE
CLASSIFY As APPROPR IATE BEFORE COMPLETiNG_
TO: Intelligence Comunity Staff FROM:
ATTN: Central Index FBI
SUBJECT: Abstract f Information Provided to Select Committees
How PROVIDED (check appropriate term I f document was made available 2 DA TE PROV | DED
for review but not transmitted , S0 note. ) 5/29/75
DOCUMENT BR IEF iNG x INTERVIEW TEST MONy OTHER
3 To Whom PROV |DED (check appropriate term; add spec ific name$ if appropriate)
SSC
Provlded to Attorney General vith CopY for forvarding
to the White House.
HsC
DENTIFICATiON provide descriptive dat a for document s; give name or identification number 0 f briefef ,
interviewee testifier and subject)
Memorandum reporting results 0f Interview by SSC Staff Members
with former FBI Special Agent Charles D. Brennan.
5 IN RESPONSE To (1ist date and item number i f in response t0 formal request , other- 6 . CLASSIFICATION 0F
wise state verbal request 0 f ( name)_ initiative , subpoena etc.) INFORMATON enterl
U , C, S TS 0r
Codeword)
NA
KEY WORDS (enter the appropriate key words from the Iist provided separately; if key words not Listed are
used under Line for emphasis)
OrganLzation LCfOr_4in€__ _iLvi_
FREM
Operating procedureg
E23x
AN
8 SUMMARY (see reverse side be fore complet ing this item)
IntervLew Covered tnree speclfic aree8:
Organlzattonal strrcture 0f FBI 3
Former FBI Investlgatlon Of Marttn Luther Klng, Jr
FBI' 9 former counterintelllgence programs (COINTELPRO)
TIt AS_YELLOH
SFP:lhb ORIGINAL VIA LIATSON TO CENTRAL COMMUNITY INDEX IN
(4) CONNECTION WITH 'SENSTUDY 75 _
62-116395 6-201-35 ZRs
CLAsSTFY As APPROPRIATE 379| (6.75)
NW 88608 Docld:32989609 Page 206
[AJ 0C
5 -6
==================================================
Page 207
==================================================
INSTRUCTIONS
Type or print clearly in ink.
Indicate classification of the abstract top and bottom_
Date the abstract and put on any internal control numbers required.
"FROM" entry should clearly identify the organization providing the
information_
If additions (as when a copy of document sent to SSC is later sent to
HSC) or changes to a previously submitted form are necessary, submit a
copy of the original abstract, with the change indicated_
SPECIFIC ITEM NO _ 8, SUMMARY enter brief narrative statement describing
substance of information and showing relationship to Intelligence Comunity
matters if appropriate_ feedback or evidence of investigatory interests
should be noted Commitments made to 'supply additional information should be
noted_ Additionally, certain administrative information may be entered here,
e.g. restrictions on review of a document , if document was paraphrased _
9
whether
interviewee is current or former employee, etc_ If actual document or transcript
is provided, that fact should be noted and no summary is required. Additional
pages may be attached if necessary.
NW 88608 Docld:32989609 Page 207
Any
==================================================
Page 208
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NT
OFFICE OF THE DEPUTY ATTORNEY GENERAL
WASHINGTON, D.c: 20530
DEC 1 9 1975
TO: John A_ Mintz , Assistant Director
Legal Counsel Division
Federal Bureau of Investigation
Mb
FROM: Michael E. Shaheen , Jr_
Special Counsel for Intelligence
Coordination
SUBJECT : House Select Committee Request
Attached is a letter from the House Select
Committee requesting access to certain Bureau
information on the U_ S _ Recording Company . Please
prepare an
appropriate response
#( Ntc
1
of-tu" j A
0la Kelsr azbrrus Jm bai A mawne
Vskc 2
t0 matue? Lrnedrilr
fuasnct
Izoe(
TJm
1
CC : Paul REC-ZQL
268xl {
12 2
18
3
Prc}
LEcY
76 = N8' (66F13ci3.39769609 Page 208
Ohsszrrf mie(
2&e 274'
krntazv n
Daly
ALuteudey, {li y
Keekax
#up 8
FEB
Far CONTAEi 3
Kuuaef '2/;_ 3375
INFORNATC:T 3HOsrquk
ALL 2 fwn5t Zam
la M)e{6"
DAFE
Uul
5 _ ]v 1-0 s
12-22-2J
Qevolutiov
8
==================================================
Page 209
==================================================
uto
TO: John 4, Minez , Agsistant Director
Legal Counsel Division
Federal Eureau Of Investigation
FROM: Miichael E. Shaheen , Jr
Special Counsel for Intelligence
Coordination
SUBJECT: Houge_Select Comittee_Roquest
Attached is a letter from the Houge Select
Committec requesting aCcess to certain Buxeau
information on the 0, 8 , Recording Company. Pleage
prepare an appropriate response.
cc: Paui
'Au
"OTEORMATIOH CONZATNL '
RJRWNN Id UNSL 456 3@Ru
DATE
mde+{6
NW 88608 Docld:32989609 Page 209
Daly
FaI
20
==================================================
Page 210
==================================================
OTis @_ PIke, N. Yw CHAIRMAN ^. BEARLE FIELb, STAFT DirecToR
MRON 0. DONNER, COUNSEL Tobert N: {iAIMO; CONN: RoberT Mc clORY, ILL
JaMES V: STANTON; Okio DAVID C. TREEN; LA:
RONNALD V. DELLUMS, CALIP . JAMES P. JOHNSON; colo: TELEPHONE: (202) 225-9738
MORGAN F. Murphy, ILL: ROBERT W: KASTEN, JR,-WIB.
BAL ASpinonIs; TEX. Select Committee o UnteLligence
pxilip'h:-HAYES, JND.
Wilkam LEHMAN; FLA
1.S. @ouse of RRepregentatibes
@WWasbington, D9.C, .20515
December 18 , 1975
Mr . Michael E_ Shaheen Jr
Special Counsel for Intelligence Coordination
U_ S _ Department Of Justice
Washington D. C. 20530
Dear Mr _ Shaheen:
In order to complete our analysis Of the cost Of
intelligence, we request access to any ana all financial
analyses compiled by the FBI with regara to transactions
between the FBI and the U.S _ Recording Company .
Since we are under time constraints , we hope you can
provide access to these figures at your earliest possible
convenience_
Sincerely,
As Searle Field
Staff Director
CONTALTE
ASF /TO/mas ALL_
I8
E3774
hh Ib
1LL4
Ubl 17 ,975
2 0 6a -(( & 46'
NW 88608
Docld SLlofTAage
210
F&z
IFORMATTON
HBREIN
LLisz
(2LL Recetve €
ESLoSUxE
a68k1
==================================================
Page 211
==================================================
OPTIONAL Fpim No. 10 5010-106
May 1962 ErDToN
GS4 'GEN: 'ReG . No. 27
UNITED STATES GOVERNMENT Assoc. Dir.
AD Adw
Mr _ J_ B_ Adams Depv AD av Memorandum 1
Mr _ J. A. Mintz Asst. Dic
Admin.
1 Mr . J. B_ Hotis Comp. Syst.
Ext. Affairs M. W. R_ WANNALL DATE: 28 , 1975
Files & Gom.
Gen. 1 5 Mr . W_ R. Wannall
Ident
FROM M- W..JoQ= W 0_ Cregar Inspietion INFORNATioiv colirAlle"
Plan. & Evol SELNS HXNC' #:
Spec. SUBJECT : SENSTUDY 75
E.2?-&1. sp4s
%z kM
Logoi cod
Telephone Rm:
This memorandum reports the results of a tele= Diresto/Ses'
phonic_ conversation with former_Special Agent (SA) Charles D_
Brennan and recommends that the attached letter to the Attorney
General with enclosures be sent _
On the morning of 5/23/75 the Department of Justice
advised Assistant Director Mintz that former SA Brennan has or was
to be interviewed by Staff Members of the Senate Select Committee A
(sSC) On that same date I telephonically contacted Mr Brennan
to advise him that the Bureau had been alerted to the fact he was
going to be interviewed by the SSC Staff and should he desire,
a
representative of the Bureau could be available during the interview
for consultation It was made clear to Brennan that the rele of t
Bureau representative would be to insure that he coudd consult Tib N
the representative at any time during the interview should the
of inquiry reveal; the identity of sensitive FBI sources,
or sensitive investigative techniques; information derived
a
from
0
third agencies or
friendly foreign intelligence services;
or
information which Brennan felt could adversely affect sensitive
ongoing FBI investigations_
Brennan then changed the conversation to personal chit
1
V
0
chat_ At what appeared to be the conclusion of the conversation
Cregar asked Brennan if he had been contacted by the SSC Staff
Brennan advised that he had received a
telephone call earlier in the
week inviting him to an interview in Washington, D. and in fact
was interviewed on 5/22 by SSC Staff Members Mark Gitenstein and
two others whose names Brennan did not get.
Brennan showed some concern over the fact that the Staff
had invited him to be interviewed earlier in the week but only
notified the Department subsequent to his interview_ (At the
outset of the conversation with Brennan, I had advised him that
the SSC had informed the which in turn informed the
62-116395 102 3_629b
Enclosures F
Sev$ s-30-2$ elrv
1 100-106670 (Martin Luther Jr.) OVER
1 67-428100 (Personnel File of Charles D.
BrGONGHNBAgis"
17
NZ
JMZ RCgakso: (Pagekw
211
Dep.
May
OcREGAR Wbleioa;'
I
Iqx:
3
8
C.,
Departme#Ec"
King:
82608J7
Page
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Page 212
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Memorandum to Mr . W. R. Wannall
RE: SENSTUDY 75
62-116395
Bureau that he Was to be interviewed) Brennan stated he was
not furnished a copy of the Senate Resolution or its Rules of
Procedures and was not advised of his rights or the fact that
he could be represented by counsel He was not under oath,
and was not given any indication as to the scope of the inter -
view prior to his appearance in Washington_ In response to a
question by Cregar as to what areas the interview covered,
Brennan stated the interview covered three specific topics_
(1) The organizational structure of the Bureau; (2) Martin Luther
Jr.; (3) the COINTELPRO .
With regard to the organizational structure Brennan
Nadvised that the Staff Members appear to have little understanding
as to the way the Bureau was structured_ He stated had no
appreciation of what a unit, section, or division Was comprised
of _ They showed him several copies of memoranda from Brennan to
Sullivan} and proceeded to ask him about the contents of these
memoranda When Brennan was unable to describe the background
or details surrounding
a
specific memorandum, voiced
wonderment as to he had such little recollection about 3
memorandum he apparently wrote_ Brennan advised the Staff
Members that just because the memorandum was written from him
to Sullivan did not mean that he necessarily wrote the memorandum
or even saw it.
In respecttto Martin Luther Jr_
9
Brennan
the impression that the Staff Members believed the Bureau Was
"illegitimately" interested in Brennan advised that he
hit back hard on this stating that the Bureau S interest in
King was
predicated
on the communist influence surrounding
King asked if the Bureau had employed many wiretaps
against King Brennan advised that most of the information
obtained on derived from live informants Brennan voiced
the opinion that the Staff Members wererather disappointed with
Brennan s defense of the Bureau in the investigati on _
Staff Members showed sone disappointment in Brennan S
inability to remember circunstances surrounding COINTELPRO _
Brennan responded by Saying that he never much attention
2 7
NI 88608 Docld: 32989609 Page 212
put
King,
they
they
why
King, got
King _
They
King
King
paid
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Page 213
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Memorandum to Mr . W_ R_ Wannall
RE: SENSTUDY 75
62-116395
to COINTELPRO and when compared to such activity
as to the
of and the Glomar Explorer
9
the COINTELPRO was
11 "peanuts _
Attthe conclusion of the conversation, Brennan advised
that SSC Staff Members indicated would want him to return
for 'additional interviews _ I advised Brennan that should he
receive a subpoena to return or should he be invited to return
to Washington, D_ to be interviewed under oath, it would be
wiseffor him to contact the FBI' s Legal Counsel Division for
advice to insure that he was in compliance with the Attorney
General' s order relative to the release of information obtained
while an employee of the FBI_ Brennan indicated he would contact
the Legal Counsel Division should he be contacted by the SSC and
would probably ask that a Bureau representative be available for
consultation during
a subsequent interview or testimony _
ACTION: If approved, the attached letter to the Attorney General
and its enclosures reflecting the results of the debrief of
Brennan , be sent .
Rex
3 ~
NW 88608 Docld:32989609 Page 213
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they
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OFFICE OF 'THE DIRECTOR
1-75
4
UNITED STATES DEPARTMENT OF JUSTICE
FEDERAL BUREAU OF INVESTIGATION
# *
WASHINGTON, D.C: 20535
28 , 1975
MEMORANDUM TO ALL EMPLOYEES Cy suly"
RE: INTERVIEWS OF FBI EMPLOYEES
All employees are advised that Congress is conducting
an inquiry into activities of the Federal Bureau 0f Investigation.
Congressional staff members are conducting interviews Of former
and current FBI employees. This Bureau has pledged its cooperation
1
with the Congress.
You are reminded of the FBI Employment Agreement
(copy attached) with which you agreed to comply during your employment
in the FBI and following termination of such employment.
Also, you are reminded of Title 28, Code of Federal
Regulations, Section 16.22 (copy attached) , which reads as follows:
3
"No employee or former employee of the Department of
Justice shall, in response to a demand of a court or other authority ,
produce any material contained in the files of the Department or disclose
1
any information relating to material contained in the files of the Department,
or disclose any information or produce any material acquired as part of
the performance of his official duties or because of his Official status
H
without prior approval of the appropriate Department
"
official or the
1
Attorney General in accordance with Section 16.24.
I
Also you are reminded of Department of Justice Order
8 4 Number 116-56, dated 15 1956, (copy attached) which, among
other things , requires an employee upon the completion of his testimony
1
to prepare a memorandum outlining his testimony.
Our cooperative efforts_ of course, must be consistent
with the above cited authority_ Therefore_
9
if you are contacted for
purpose Of interview or testimony you are to request approval as
required the Employment Agreement and await authorization before
furnishing information, testimony, or record materialz 3 7
RECORDED L~EE
26
Enclosures (3)
Clarence M. Kelley
Director
% 1975
8 4
NW 88608-Docld:32989609 Page 214
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May
by
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1975
Qevolution
1
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FD-291 (Rev. 11-1-73)
EMPLOYMENT AGREEMENT
As consideration for employment in the Federal Bureau of Investigation (FBI), United
States Department of Justice, and as a condition for continued employment, I hereby declare
that I intend to be governed by and I will comply with the following provisions:
(1) That I am hereby advised and I understand that Federal law such a8
Title 18, United States Code, Sections 793_ 794, and 798; Order of the
President of the United States (Executive Order 11652); and regulations
issued by the Attorney General of the United States (28 Code of Federal
Regulations _ Sections 16.21 through 16.26) prohibit loss, misuse, o un-
authorized disclosure Or production of national security information, other
classified information and other nonclassified information in the_files of
the FBI;
(2) I understand that unauthorized disclosure of information in the files
of the FBI or information I may acquire a8 an employee of the FBI could
result in impairment of national security, place human life in jeopardy, or
result in the denial of due process to a person Or persons who are subjects
of an FBI investigation, Or prevent the FBI from effectively discharging its
responsibilities. I understand the need for this secrecy agreement; there-
fore, a8 congideration for employment I agree that I will never divulge,
publish, O reveal either by word O conduct, o by other means disclose to
any unauthorized recipient without official written authorization by the
Director of the FBI or his delegate, any information from the investigatory
files of the FBI O any information relating to material contained in the files,
or disclose any information o produce any material acquired as a part of the
performance of my official duties o because of my official status _ The burden
is on me to determine, prior to disclosure, whether information may be disclosed
and in this regard I agree to request approval of the Director %f the FBI in each
such instance by presenting the full text of my proposed disclosure in writing to
the Director of the FBI at least thirty (30) days prior to disclosure_ I understand
that this agreement is not intended to apply to information which has been placed
in the public domain o to prevent me from writing O speaking about the FBI but
it ig intended to prevent disclosure of information where disclosure would be
contrary to law, regulation O public policy. I agree the Director of the FBI is
in & better position than I to make that determination;
(3) I agree that all information acquired by me in connection with my official
duties with the FBI and all official material to which I have access remains
the property of the United States of America, ad [ will surrender upon demand
by the Director of the FBI or his delegate, O upon separation from the FBI, any
material relating to such information Or property in my possession;
(4) That [ understand unauthorized disclosure may be a violation of Federal
law and prosecuted as & criminal offense and in addition to this agreement may
be enforced by means of an injunction O other civil remedy_
I accept the above provisions as conditions for my employment &d continued employment
in the FBI: I agree to comply with thege provisions both during my employment in the FBI and
following termination of such employment.
(Signature)
Or print name)
Witnessed and accepted in behalf of the Director, FBI, on
19 by
(Signature)
NW 88608 Docld: 32989609 Page 215
(Type
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(fftre of the Attornep (eneral
Iashington, @. U. 20S30
Januarv 18 1973
ORDER NO.501-73
RULES AND REGULATIONS
Title 28 JUDICIAL other authority Is issued for the produc-
tion or disclosure of (1) any material
contained in the files of the Department_ ADMINISTRATION
(2) any information relating to material
Chapter [ ~Department of Justice contalned In the files 0f the Department_
or (3) any Information or material
[Order 501-73] acquired by any person while such per-
PART 16__PRODUCTION OR DISCLO - son was an employee of the Department
SURE OF MATERIAL OR INFORMA- 88 & part Of the performance of his of -
TION fcial duties or because of his officlal
status.
Subpart B ~Production or Disclosure (b) For purposes of this subpart, the
in Response to Subpenas or De- term "employee of the Department" In-
mands of Courts or Other Authori- cludes all officers and employees of the
ties United States appointed by , Or subject
to the supervision; jurisdiction, Or control
Thls order delegates to certain De- Of, the Attorney General of the United
partment of Justice ofifcials the author- States, including U.S: attorneys, U.S.
ity to approve the production or dis - marshals, and members of the staffs of
closure of materlal or Informatlon con- those officials:
tained In Department files, or informa-
tion or material acquired by a person 8 16.22 Produclion or disclosurc prohib-
while employed by the Department. It itcd unlcss approvcd appropriale
Deparlmcnt Oflicial. applies where a subpena, Order Or other
demand of a court or other authority, No employee or former employee of the
such as an administrative agency, is is- Department of Justice shall, In response
sued for the production or disclosure of to a demand of a court or other au-
such Information: thority, produce any material contained
By virtue of the authority vested in me in the files of the Department or disclose
by 28 US.C: 509, 510, and 5 US.C. 301_ any information relating to material con -
Subpart B of Part 16 Of Chapter I of tained in the files 0f the Department, or
Title 28, Code 0f Federal Regulations, is disclose any information or produce any
revised, and Its provisions renumbered, material acquired as part of the per -
to read as follows: formance 0f his Ofificial duties or because
of his official status without prior ap-
Subpart B Production 0r Disclosure in Response proval of the appropriate Department of-
to Subpenas or Demands of Courts or Other ficial or the Attorney General in accord -
Authorities ance with $ 16.24.
Sec.
10.21
8 16.23 Procedurc in thc evcnt of a dc- Purpose and scope. mand for produclion or disclosurc. 16.22 Production or disclosure prohibited
8
unless approved by appropriete De- (a) Whenever a demand is made upon
pertment ofcial: an employee or former employee Of the
16.23 Procedure In the event Of 8 demand Department for the production of ma - A Ior production or dlsclosure. terial or the disclosure of Information 16.24 Final action by the epproprlate De-
partment ofiiclal or the Attorney described in 8 16.21(a) he shall im-
Goneral. mediately notify the U.S. attorney for
6.25 Procedure where a Department decl- the district where the issuing authority
slon concerning 8 demend Is not is located: The U.S. attorney shall Im-
7 made prfor to the tlme a response mediately request instructions from the
to the demand Is required_ appropriate Department oficial, &s desig-
6.26 Procedure In the event Of an edverse nated in paragraph (b) of this section: rullng: (b) The Department officials author-
AUTHORITY: 28 U.S.C. 509, 510 and 5 U.S.C ized to approve production Or disclosure
{O1. under this subpart are:
{ubpart B-_Production or Disclosure (1) In the event that the case or other
in Response to Subpenas Or De-
matter which gave rise to the demanded
material or information Js Or if closed, mands of Courts or Other Authori- was within the cognizance 0f & division
ties of the Department, the Assistant At-
3 16.21 Purpose and scopc. torney General in charge 0f that divi-
sion: Thls authority may be redelegated
(8) Thls subpart sets forth the pro- to Deputy Assistant Attorneys General
zedures to be followed when & subpena, (2) In instances 0f demands that are
prder; Or Other demand (hereinafter re- not covered by paragraph (b) (1) Of this
lerred to &S & "demand") Of & cottolosum r 2 -( 6 3
NW 88608 Docld:32989609 Page 216
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7 S
|
6
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8
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(1) The Director of the Federal Bu- 8 16.26 Procedure in thc event of an ad-
reau of Investigetion, If the demand is verse ruling:
one made on an employee or former em- If the court or other authority declines
ployee of that Bureau for information to stey the effect of the demand In re-
Or if the demand calls for the production sponse to & request made in accordance of material from the fles f that Bu-
reau, and with 8 16.25 pending recelpt 0f instruc-
(ii) The Director of the Bureau of tions, or if the court Or other authority
Prisons, ff the demand Is one made on rules that the demand must be COm-
an employee or former employee Of that plied with Irrespective of Instructions
Bureau for Information or #f the de- not to produce the material or disclose
mand calls for the productlon of ma- the information sought, in accordance terial from the files of that Bureau:
(3) In instances of demands that are with $ 16.24, the employee or former em-
not covered by paragraph (b) (1) or (2) ployee upon whom the demand has been
Of this section, the Deputy Attorney made shall respectfully decline to comply
General: with demand. "United States ex rel
(c) If oral testimony is sought by the Touhy V. Ragen; 340 0.8. 462.
demand, an afidavlt, Or, ff that is not
Dated: January 11, 1973.
feasible, & statement by the party seek-
ing the testimony or his attorney, setting RICEARD G. KLEINDIENST,
forth 2 summary of the testimony de- Attorney General.
sired, must be furnished for submission [FR Doc.73-1071 Flled 1-17-73;8;45 em]
by the U.S; attorney to the appropriate
Department oflicial:
8 16.24 Final action by the approprialc
Deparlmcnt official or thc Attorncy
Gencral:
(8) If the appropriate Department of-
ficial, as designated in 8 16.23(b) _ ap-
proves 8 demand for the production of
material or disclosure of` information,
he shall so notify the U.S. attorney and
such other persons as circumstances
warrant.
(b) If the appropriate Department
oflicial, as designated in 8 16.23 (b)
decides not to approve & demand for the
production of material or disclosure of
information, he shall immediately refer
the demand to the Attorney General for
decision. Upon such referral, the Attor-
ney General shall make the final decision
and give notice thereof to the U.S. attor-
ney and such other persons as circum-
stances may warrant.
8 16.25 Procedure where a Dcparlmcnt
decision concerning a demand ig not
made prior to the time & response 10
thc demand is required:
If response to the demand is required
before the instructions from the appro-
priate Department oficial or the Attor-
ney General are received, the U.S. attor-
ney or other Department attorney des -
ignated for the purpose shall appear with
the employee or former employee of the
Department upon whom the demand has
been made, and shall furnish the court
or other authority with 8 copy of the
regulations contained In this subpart and
Inform the court Or Other authority that
the demend has been; or is being, as the case may be, referred for the
prompt consideration of the appropriate
Department ofiicia] and shell respect-
fully request the court or authority to
stay the demand pending receipt 0f the
requested instructions:
NW 88608 Docld: 32989609 Page 217
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OEFICE OF THE ATTORNEY CEERAL
WASHINCTON, Da C,
15, 1956
ORDER NO. 116-56
It 18 the policy of tbe Department of Justice to extena the fullest
possible cooperation to congressional committee8 requesting information from
depertmental fIles, interviews with depertment employees _
9
testimony of depert-
ment personnel, or testimony of Federal prisoners . The following procedures
are prescribed In order to effectuate thle policy On 8 basis which will be
mutually satisfectory to tbe congressionel committees and to 'the Department.
Tnle order supergedes the Deputy Attorney Generel 1 8 Memorandum No. 5, dated
March 23, 1953, and hL8 Memorardum No. 97, dated August 5, 1954. It formel-
1ze8 the Attorney General' 8 pres8 releege Of November 5, 1953, esteblishing
procedures to permit comlttees Of the Congress ana their authorized repre-
bentative8 to intervlew and to teke sworn testimony from Federal prigoners.
It supplements Order Noa 3229 (Reviged) dated January 13, 1953, and Order
No. 3464 , Supplenent No. 4 (Revised) dated January 13, 1953 with Memorendum
" of Authorization Under Order No. 3464 Supplenent No. 4 (Revised)" dated
Jenuery 13, 1953) , Ingofar 88 seid orders have reference to procedures to be
followed in the Department 8 relations with congressional committees _ In
bupport of this order reference shoula be hed to the President 8 letter
dated 17, 1954, addressed to the Secretary 0f Defense, and to the Attorney
Generel 5 Memorandum whicb accompanied it.]
A. REOUESTS_FOR_INEORMATION FROM DDPARTMEIT FILES
1 Congressional comittee requests for the examination of files
Or other confidential information shoula be reduced to writing, signed by
the chairman of' the committee, and addressed to the Deputy Attorney General,
I
who 18 responbible for the coordination Of Our lialson with Congress and
1
congregsional comittees . The request shall state the specific information
gought 88 vwell as the specific objective for wbich it 18 sought _ The Deputy
L
Attorney General will forward the request to the appropriate division where a
reply will be prepared and returned for the Deputy Attorney General 8 signa-
eture and dispatch to the chairman of the committee.
1
9
2. If the request concerns a closed case, 1. one in which
there i8 no litigation or administrative action pending or contemplated,
A3
the file may be made evallable for reviewy in the Department , in the presence 4
of the Official or employee heving custody thereof. The following procedure
sball be followed 1n such cases:
a. The reply letter will advise the committee tbat the
file is available for examination end set forth the
name , telephone extension number , and room number of
the person who will heve custody of the file to be
reviewed;
NW 88608 Docld:32989609 218
3 -((L 3 75 -
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2 -
b. Before malring the file available to the committee
representative all reports ana memoranda from the FBI
a8 well 88 invegtigetive reports from &ny other agency ,
will be removed from the file end not be made aveilable
for examination; provided bowever that if the comittee
representative states tbat it i8 essentiel that information
from the FBI reporte and memorenda be made available,
he will be edviged that the request will be considered
by the Depertment . Thereafter bummery of the contents
Of the FBI report8 and memorande involved will be
prepered which will not digcloge invegtigetlve tech-
nique8 , the identity of confidentiel informants , or
other: matterg which might jeoperdize the Investigative
operations of the FBI ,. Ini8 summery will be forwerded
by the division to the FBI with 8 request for advice a5
to whether the FBI ha8 any objection to examination of
such summary by the committee representetive. The file
will not be physically relinquished from the custody of
the Depertment If the committee representative debires
to examine investigetive reports from other government
agencies , conteined in the files of the Department , he
will be advised to direct his request to the agency whose
reports are concerned.
3. If the request concerns an open cese, 1J e., one which liti-
gation or adminlstrative ectlon 18 pending or contemplated, the file mey
not be made avalleble for examination by the comittee 8 repregentative.
The folloving procedure Bhall be followed:
3 , The reply letter should advise the committee that
it8 request concerns 8 cese in which litigation or
administrative action 1g pending or contemplated, ana
state that the file cannot be made aveilable until the
case 18 completed; and
b, Should briefly set forth the status of the case in
8s much detail 88 18 practicable and prudent without
deopardizing the pending contemplated litigation or
administrative ection,
B. REQUESTS_BOR ITERVTES WITH DEPARTMENTAL PERSONNEL
1 Requests for Interviews with depertmental personnel regarding
any Officiel matters Within the Department shoula be reduced to writing,
signed by the chairman of the comittee, &nd addressed to the Deputy Attorney
General. Vhen the approval of the Deputy Attorney General is given , the
employee 18 expected to discuss such matters freely and cooperatively with
the representative, subject to the limitations prescribea in A respecting
open cabes and deta In investigative reports;
NW 88608 Docld:32989609 Page 219
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3 -
2. Upon the cbtpletion of the interview with the comittee repre-
sentative the employee 1ill prepere 8 summary of it for the file, with a
copy routea to hig division head and a copy routed to the Deputy Attorney
General-
C_ EPLOYEES_TESTITYNG_BEFORE_CONGRESSIONAL_COMTTTEES
1 When &n employee 18 requested to testify before a congressional
committee regerding Official matters Vithin the Department the Deputy Attorney
General shall be promptly informed. When the Deputy Attorney General S approv-
al is given the employee 19 expected to testify freely subject to limitations
prescribed in A respecting open cases and deta in investigetive reports;
2 An employee subpoenaed to testify before a congressional committee
on official matters within the Department shall promptly notify the Deputy
Attorney General_ In general he shall be guided in testifying by Order 3229
(Reviged) and the President 9 letter of 17, 1954 , cited at the beginning
of this Order
3. Upon the completion of his testimony the employee will prepare
a memorandum outlining his testimony vith a copy routed to his division head
and a copy routed to the Deputy Attorney General.
D REQUESTS_OFCONGRESSIONAL COMTTTEES FOR THE TESTTMONY Op FEDERAL PRISONERS
Because Of the custodial hazards involved &nd the extent to which
their public testimony may affect the discipline &nd well-being of the institu-
it 18 the policy of the Depertment not to deliver Federal prisoners out-
Bide the penal ingtitution In which they ere incercerated for the purpose of
being intervieved or examined under oath by congressional committee8 . Hovever _
1
when it appeers that no pending investigetion or legal proceeding will be
adversely affected thereby and that the public interest will not be otherwibe
adversely affected, Federal pribonerg may be interviewed
or examined under oath
by congregsionel committees in the institution in which they are incarcerated
under the following procedures _
9
and witb the specific advance approvel of the
Deputy Attorney General_
1 Arrangements for intervieving &nd teking of sworn testimony
from a Federal prisoner by a committee of the Congress or the authorized
representatives of such 8 comittee shell be mede in the form Of & written
request by the chalrman of the committee to the Deputy Attorney Generel.
2. Such written request shall be made at least ten (10)
prior to the requested date for the interview and the taking of testimony
ena shall be accompanied by vritten evidence that authorization for the
interview or the taking of swOrn testimony was approved by vote Of the com-
mittee. Such request sbell contain a statement of the purpose and the sub-
jects upon which the prisoner will be interrogated es well as the names Of
all pergons other than the representatives of the Department of' Justice who
will be pregent,
3. A member of the interegted comittee Of the Congrees Bhell be
present during the entire time of the interrogetion.
NW 88608 Docld:32989609 220
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4 -
4, The werden Of' the penal inetitution in which the Federal
prigoner 18 incercerated 8hell, at leegt forty-eight (48) houre prior to the
time at which tbe interviev talte8 plece, advise the Federel prisoner concerned
of the propobed interview or teking of svorn testimony; and shall further
edvige thet he 18 under the Beme, but no greater obligation to answer than eny
other witne8g who 18 not 8 _ prieoner.
5. Te werden of the penal institution shall beve complete
euthority in conformity Hith the requirements Or security &nd the mainte-
nance Of discipline to limit the nuber of persons who will be present at
the Interviev and taking Of testimony.
6 The werden or his authorized representative shall be present
at the interview and at the taking of testimony and the Depertment Of Justice
shell heve the right to have One of its representatives present throughout
the Interview &nd talring of testimony.
7 . The committee shell arrenge to have 8 stenographic trenscript
mede of the entire proceedings at committee expense and ghall furnish a copy
of the transcript to the Department 01 Justice.
E. OBSERVERS IN_ATTENDANCE AT COMITTEC HEARINGS
In order that the Department may be kept currently advised in
matters tithinxits responsibility_ and in order that the Deputy Attorney
General mey properly coordinate the Depertment 5 liaison with Congress ana
its comittee8 , each division that has an observer in attendance at 2
congrssional hearing, will heve the observer prepere 8 written summary of
the proceeding which should be sent to the division head and & copy routed
to the Deputy Attorney General.
Is/ Herbert Brownell, Jr,
Attorney General
NW 88608 Docld:32989609 Page 221
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ar W R. Wannall
1- Mr . W_ 0. Cregar
1 L Mr. Ra H. Ross
CODE TELETYPE URGENT
TO SAC LOS ANGELES JUNE 17 , 1975
3
FROM DIRECTOR FBI (62-116295)
SENSTUDY 1975
THE FOLLOWING REQUEST IS BEING MADE IN CONNECTION WITH
SENATE SELECT COMMITTEE (SSC) HEARINGS SUTEL REPLY
0
ATTENTION
INTD
1
WILLIAM 0 . CREGAR .
DURING A RECENT HEARING AN SSC STAFF REPRESENTATIVE QUES-
TIONED A WITNESS WHETHER OR NOT HE KNEW OF MAIL OPENINGS IN
IOS ANGELES BY FBI AGENTS RON MASCAR (PHONETIC) AND (FNU , BUT
POSSIBLY WILLIAM) MILLER . THE WITNESS REPLIED THAT HE WAS NOT
KNOWLEDGEABLE ON THIS MATTER AND NEVER HEARD OF THE ABOVE TTVO
AGENTS _
Ir WAS THE WITNESSES OPINION THAT THE QUESTION MAY HAVE
BEEN POSED AS A TEST QUESTION ONLY AND ASKED THAT THE INFORMA -
TION BE CAREFULLY HANDLED BY THE FBI _
SO FBIHQ WILL BE IN POSSESSION OF ALL BACKGROUND INFORMA-
TION UPON WHICH WE MAY BE CALLED TO TESTIFY
1
LOS ANGELES ADVISE
REGARDING ANY DETAILS WHICH MIGHT ILIUMINATE THIS MATTER AND/OR
AeEs DWEQRNATIONC; 4
Assoc. Dir.
RHR;jmn jm A
(5) 7nde
335 H3g2iysl
'ISEE NOTE PAGE 2
Dep. AD Adm:
Dep. AD Inv.
Asst. Dira:
Admin.
Comp. Syst.
61 - /[6
Ext. Affairs FEDERAL BUREAU OF INVESTIGATION
Files & Com.
Gen. Inv.
COMMUNICATIONS SECTION
Ident . 3 tl" 7:)1C75 Inspection
Intell;
Jun 171975
Laborotory 46
Plan: & Evol_
JELETYPE
Spoc. Inv.
Troining
Lagal Coun.
Telephone Rm.
TELETYPE UNIT GPO 1975 9 569-920 NStzeat "786801828 sso8a
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IDENTIFY SPECIAL AGENTS CONCERNED_ IF SUCH ALLEGED ACTION
OCCURRED , ADVISE AS TO ALL DETAILS AND ANY COMMUNICATIONS OR
NOTIFICATION TO FBIHQ CONCERNING SAM _
HANDLE ON AN EXPEDITE BASIS _
NOTE
:
Inspector John D. Tarpey
0 U. S_ Postal Service advised
Liaison Officer L. A. Crescioli Of above incident which occurred
in connection with Tarpey 4 S 6/10/75 testimony before SSC _ Tarpey' s,
testimoney did not touch on any FBI mail cover activities and
question was posed to him by SSC staff representative Paul Wallach.
Movement Desk Was unable to identify Special Agents based upon
phonetic spellings _ Details Of above contained in V V_
Kolombatovic memorandum to Mr. W _ Ra Wannall dated 6/16/75 , and
captioned "John Da Tarpey Assistant Chief Inspector Office of
Criminal Investigations U S_ Postal Service
1
Appearance Before
Senate Select Committee (SSC) 6/10/75 _ II
NW 88608 Docld:32989609 Page 223