Transcript of 124-10273-10007_multirif.pdf

================================================== Page 1 ================================================== File # 62-Il639S Serial Scope: 1ot THiLL 160 104 Th2u 105 Released under the JohnF. Kennedy Assassination Records Collection Act of 1992 (44 USC 2107 Note) 'ase#tNi 88296 Date: 2025 NW 88296 Docld:32989532 1 Page ================================================== Page 2 ================================================== OPTIONAL fORM NO. 10 5010-106 May 1962 EDITION GSA GEN_ ~BEG_INo. 27 UNITED STATES GOVERNMENT Assoc. Dir . 1 6e Mr _ J B_ Adams Dep. AD Adm. Memorandum AD Inv. 1 4 Mr _ J_ A. Mintz Asst. Dir.: Admin. Syst. TO :MR_ W R. WANNALL DATE: April 24, 1975 Ext. Affairs Files & Com. Gen. Inv 1 Mr _ J. B. Hotis Ident. FROM MR_ W 0 1 Mr _ W_ R Wannal1 Inzai Refev 1 Mr _ W 0_ Cregar Laboratory Plan. & Eval: SUBJECT : SENSTUDY 75 Spec. Inv. Lly This memorandum reports the receipt of a legal Director DirocioorseRv;_ memorandum prepared by Mr Edmund Cohen, Office of the GeneralHetis Counsel, Central Intelligence Agency: entitled 1i Authority of Congress to Release Classified Data Copies of this legal memorandum have been furnished to Mr_ Anthonin Scalia, Assistant Attorney General, and Mr James A. Wilderotter 9 Associate Counsel to the President_ Memorandum Cregar to W_ R_ Wannall dated 4/14/75 discussed an article contained in the 4/10/75 edition of "IThe Washington Post" wherein Senator Frank Church, Chairman f the Senate Select Committee 9 stated he reserved the right to make public any documents the Committee received. This memorandum also noted that Mr James Wilderotter 9 Associate Counsel to the President , advised that The White House was preparing a letter to Senator Church recogniz: that Congress can, at its discretion, declassify material it receives , but strongly urging that such declassification action not be taken unilaterally by the Senate Select Committee without approval of the agency originating the information _ As an aid to the preparation of such a letter 9 the Office of CIA s General Counsel has prepared a paper 'encitded "Authority of Congress to Release Classified Data - 1i Copy attached, It was made available to all members of the Ad Hoc Coordinating Group for Congressional Review of the Intelligence Committee information and any comments ecipients desired to ACT ION: For information_ Enclosure i4 MAY 15 1975 62-116395 57 WOC :ekw 8k6) Tlci-) m ma dsqs net Sslvc tn tix' ne 1+ rc3jiics noferb annts $ 8 4 MAY 2 7 1975 Inw 88296 Docld:32989532 2 Dep. Wrw}~ Comp; keRcAR ing { 23.9" {30 REC;1Q0 SPeaatle CONTAINID #mdeig 3 %l "ELS38 INFOf !ATIO; ALL ESREIN Prsole m DATE tm Page ================================================== Page 3 ================================================== DIRECTOR O1 ENTRAL INTELLIGENCE Ad Staff 787-350 17 April 1975 MEMORANDUM FOR: Members 0f the USIB Ad Hoc Coordinating Group This is being furnished you at Dr _ Clarke request. 7~ia JTuousrct Harriett D. Mowitt Executive Secretary Attachment 62 ESESIA NW 88296 Docld:32989532 3 Hcc 's Anlle Rv_ #m) Con: VEcItS 3p24 Enc 32257 LLBE -{/63 9- |s6 Page ================================================== Page 4 ================================================== MEMOPAnOum FOR: Antonin Assistan ttorney General Office of Legal Counsel Atteched is a hurriedly done legal memorandum 'entitled "Authority of Congress to Release Classified Data. Mi I would welcome your comments on this so that a finished document could be made available to the various #gencies concerned. Jonr S_ Warner ceneral Counsel Central Intelligence Agency 12 April 1975 (DATE) No REPLACES Form T0-101 6,54 10 | Wh CM MAY Be useo . MEMORANDUM FOR: James A Wilderotter Associate Counsel to the President Attached is a hurriedly done legal memorandum entitled 1 Authority of Congress to Release Classified Data _ It I would welcome your comments on this so that a finished document could be made vailable tomthe various agencies concerned. Joka sk, Warner General Counsel Central Intelligence Agency VAaril 1 (DA 4e375 No PEpLaces foRm 10-101 iqi Wh ! CH MAY 0 USED . NW 88296 'Docld:32989332. Page 4 lia , Esq. mDele COHTAirvID 32 ankic VEZOET E EZR Esq . ================================================== Page 5 ================================================== 11 March 1975 #ndeis ATL EEENVTGROEUAYIQ TCORMTZD HREEEJJSC MEMORANDUM FOR: General Counsel DAILLq sez4 lan6 SUBJECT Authority of Congress to Release Classified Data 1 Ihave found no express authority for Congress to publicly release information classified the executive branch pursuant to an Executive order issued by the President_ Moreover , on 3 number of occasions Congress has mandated that matters pertaining to national &efense or foreign policy be kept secret , ~~Congress has made it & crime for one lawfully having possession_ access Or control of documents relating to national defense or infor mation relatirg to the national defense which the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation to communiczte, deliver Or transmit same to any person not entitled to receive it. 18 U,S,C,A_ 793(d) ~-Congress has made it a crime to disclose to an unauthorized per - sOn Or publish any classified information obtained by the processes of communications intelligence. 18 U.S.C.A 798 (a) , '~Congress has made it 2 crime to photograph or sketch vital military or naval installations or equipment requiring protection against gen - dissemination of information 18 U.S,C.A 795 . It is also a crime to publish or disseminate photographs maps , or drawings of such defense installations without first obtaining permission of the commanding officer or higher authority. 18 U.S.C,A 797 _ ~~Congress _ in order to prevent public disclosure of certain activities, has given various officials the power to confidential certain funds expended for national security 01' relations purposes _ Such authority is given_ for exanple _ to the President (22 U,S.C.A, 2364) , to the Secretary of State (31 U,S.C,A 107) , and to the Director of Central Intelligence (50 U,S.C,A 403j) _ Iw88296 Docld.32989537_Page-5 374v by eral keep foreign ================================================== Page 6 ================================================== ~~Congress has provided that meetings of the Senate Committee on the Budget may be closed to the public if it is determined by a record vote of a majority of the members that the matter to be discussed will disclose matters necessary to be kept secret in the interest of national defense or the confidential conduct of the foreign relations of the United States _ 2 U,S.C,A 1902-3 ~-Congress _ 2fter requiring that the Secretary of Stete transmit forth- with to the Congress the text of any international agreement, other than a treaty, to which the United States is a party , on to pro- vide that ,any such agreement the immediate public disclosure of which would, in the opinion of the President_ be prej- udicial to the national security of the United States shzll not be SO transmitted to the Congress but shall be trans- mitted to the Committee on Foreign Relztions of the Senate and the Committee on Foreign Affairs of the House of resentatives under &n appropriate injunction of secrecy to be removed upon due notice from the President_ 1 U.S,C,Ag 1l2b ~~Finally, Congress _ in enacting the Freedom of Information Act, expressly exempted from disclosure matters which are ,specifically authorized under criteria established an Executive order to be kept secret in the interest of national defense or foreign policy . 5 U,S,C.A 552 (b) (1) 2 Despite this apparent lack of authority to release classified data and the existence of the above-mentioned statutes_ Congress is constitutionally immunized, at least in part, against any consequences flowing from release and disclosure of classified information Article I, 8 6 of the Constitution states in respect to Senators and Representatives that: .for any Speech or Debate in either House, shall not be questioned in any other Place _ NW 88296 Docld 32989532 Page 6 Dud goes Rep- only by they ================================================== Page 7 ================================================== 3 . A long line oE Supreme Court cases, beginning with Kilbourn V_ Ehompson, 103 U,S , 168 ((990) has held that the privilege or immunity relating to speech or debate should be given a broad and liberal construc- tion In Kilbourn the court stated: It would be & narrow view of the Constitutional provision to limit it to words spoken in debate _ The reason Of tke rule is 2s forcible in its application to written reports presented in that body by its committees , to resolutions offered _ which, though in writing, must be reproduced in speech, &nd to the 2ct of voting _ In short, to things generally done in a session 0f the House one of its members in relation to the business before it. (At p. 204,) 4 The court, moreover has resisted arguments that an unworthy eurpose should destroy privilege. In Tennex v Brandhove' 341 U,S. 367 the court reaffirmed its earlier holding in Fletcher v_ Peck' 6 Cranch 87 (1810) , stating: that it was not consonant with our scheme of govern- ment for 2 court to inquire into the motives of legislators, has remained unquestioned 377 .) Fhe distance to which the court was willing to go to uphold this principle w2s seen in United States V Johnson 383 U,S 169 (1966) . In that case 2 former Congressman was convicted for conspiracy to defraud the U.S., in part on evidence that, in pursuance of a conspiracy designed to give 2ssistance to certain savings and lozn associations which had been indicted @n mail fraud charges_ he was to a speech on the floor of the House. Fhe Supreme Court granted 2 new trial holding that a prosecution which @raws in question the legislative acts of the defendant member of Congress er his motives for performing them "necessarily contravenes the Speech or Bebate Clause _ Ii (AtP_ 185.) 5 , The court addressed the issue of classified information in Gravel v_ United States, 408 U,S. 606 (1972)_ a case which arose when Senator Gravel @hairman of the Subcommittee on Buildings and Grounds of the Senate Public Works Committee_ convened 3 night meeting of the Subcommittee and there read extensively from a copy of the Pentagon Papers which bore 3 Deferse security classification of Secret Sensitive_ He then placed the entire 47 volumes of the study in the public record. Senator Gravel cleimed that Article I, section 6 protected him from criminal or civil liability and from NW-88296-Docld:32989532-Page by the (At.p' pzid give Top ================================================== Page 8 ================================================== questioning elseivhere than in the Senate with respect to tke events occur- ring at the Subcommittee hearing at which the Pentagon Papers Iere intro- duced into the public record _ The court stated: It [Tlo us this claim is incontrovertible_ It (At P, 615.) 6 _ The court further noted that: The Speech or Debate Clause was designated to.assure 2 co-equal branch of the government wide freedom of speech, debate, and deliberation without intimidation or threats from the Executive Branch It thus protects :Members against prosecutions that directly impinge or threaten the legislative process _ We have no doubt that Senator Gravel may not be made to answer-- either in terms of questions or in terms of defending himself from prosecution--for the events that occurred at the subcommittee meeting . (At p. 616.) 7 _ From the above, together with the positive phrasing of Article 1, 8 6 of the Constitution, it would appear that any Member may make any state- ment he desires on the floor of the Congress or,in one of its committees _ Such statement shall be absolutely privileged; notwithstanding that it was based on information secured from classified Central Intelligence Agency material either furnished the Member in confidence or containing any restrictive notice 2s to use or dissemination _ This privilege would operate if the Member were to read the information verbatim into the record on the floor or into the record of hearings before & congressional committee_ It would still be privileged when it appeared, verbatim , in the Congressional Record or in the published hearings of a congressional committee. The only sanction_ apart from the individual conscience and sense of responsibility of the Member would have to come from Congress itself, which has the power to discipline any Representative or Senator who improperly disclosed classified information- 8 . One additional wrinkle might be noted, Although Congressmen would be immune from liability for introducing classified information into 2 committee report and immune from liability for ordering it printed and disseminated to the public at large, the Public Printer and the Superintendent of Documents may not be immune from suit for printing and disseminating such reports to the public. The court examined this question in Doe V McMillan, 412 U.S 306(1973) , a case in which petitioners claired that a report issued by the House Committee on the District of Columbia, containing NiN-88296 Docld:32989532 Page 8 upon ================================================== Page 9 ================================================== documents relating to disciplinary problems of certain specifically named students violated statutory_ constitutional and common-law rights to vacy . The Supreme Court refused to determine Ivhether dissemination to the public would serve the important legislative function of informing the public concerning matters pending before Congress for the purpose of holding Members of Congress liable_ However it remanded the case to the Court of Appeals in part to undertake just such & review in order to determine whether the Public Printer and the Superintendent of Documents , who were wvithout blanket immunity , could be held liable _ 9 _ The discussion thus far has dealt with congressional immunity for releasing classified information in Congress _ No such immunity exists in the case of disclosures made by congressmen outside of Corgress. Thus, in Long V_ Ansel_ 69 F.2d 386 (Ct, D,C, 1934) affd _ 293 U,S_ 76 (1934) = and in McGovern v _ Martz , 182 F 343 (US Dist _ Ct.,D,C, . 1960) it was held that if a Senator Or Representative is alleged to have com- mitted libel by republishing &nd disseminating remarks made in the Congress, such republication and dissemination is not within the Speech or Debate privilege even if such privilege would have been applicable to the original cztion of the remarks _ Again_ in Gravel v_ United States 408 U.S _ 606 (1972) _ and in Dee v_ McMillan, 412 U,S _ 306 (1973) the court noted that the Speech or Debate Clause does not protect "a private republication of documents introduced and made public at & committee hearing, although the hearing Ivas unquestionably part of the legislative process _ #I 10 _ From the above it is apparent that 2 Member is not privileged to circulate CIA documents to his constituents to the press, or by reading to 2 meeting or On radio or television Such action could wvell make the member liable prosecution under the espionage laws but in any event wvould expose him to the same liability for these actions as any other citizen_ As 2 practical matter however , the prosecution of a Member for unauthorized disclosure of classified CIA material or disciplinary action by Congress itself, is very unlikely _ EDMUND COHEN Office of General Counsel Inw 88796 "TDoc1u:32989537-Page g_ pri- only App . Supp public for ================================================== Page 10 ================================================== OPTIONAL FORM No. 10 5010-106 MAY 1962 EDItion GSA GEN: Reo. No. 27 Assoc. Dir. UNITED STATES GO ERNMENT Dep. AR Alr) Dep-Ad Memorandum Asst. Dir_ Admin. Syst. Ext. Affalrs TO Mr . J. B, Adams DATE: May 2 , 1975 Filos & Com. Gen. Inv. Idont. Inspection FROM Legal Counsel # Intell: Lobora Denln Legal Plan. Eva SUBJECT : SENSTUDY 75 15 Spec. Inv. Troining Telephone Rm. Director Soc'Y S The April 29, 1975_ Congressional Record Senate, pages S 7054 through and including S 7056, sets forth rules and procedures for the captioned Committee_ The rules cover such topics as the CO _ nvening of meetings, meeting procedures, news media coverage, investigations, subpoenas, procedures related to the taking Of testimony_ procedures for handling classified or sensitive material_ preparation for committee meetings, staff, and reporting Of measures or recommendations. The sections Of these rules are subpoenas, investi- gations, and procedures related to taking Of testimony. ~teiptttl Concerning the issue Of subpoenas, subpoenas may be issued by the Chairman or any other member designated by him with the consultation Of the Vice Chairman. Procedures relating to the taking Of testimony provide that testimony shall be given under oath or affirmation. It also providagthat a witness may be accompanied by counsel. Witnesses may also request that there be no news media coverage Of their testimony- Witnesses will also be given the opportunity Of furnishing a statement prior to, and/or at the conclusion of his or her testimony- With regard to inspection and correction of testimony, witnesses will be allowed a reasonable opportunity to inspect their testimony, and corrections are permissible, but must be made in writing within five days Of the availability Of the transcript containing their testimony. Names Of witnesses cannot be made public prior to their testimony unless authorized by the Chairman. Contempt procedures as set forth, require that after notice to all members Of the Committee, and the affected person has haq the opportunity to state in writing or in che Enclosure 63"F15o %a 1 Mr_ Adams Mr _ Wannall ENcLOSURE Mr _ Mintz 6 MAY 20 1975 1 Mr_ Dotis Mr- Cregar PVD:eek 7 (8) CONTINUED K OVER) N#JAYc37 1975532 Page 10 Comp: mbeig CONTAINED INTOR "IATTON eLmt:e 1SCIA SSIFIED ALL 3ISPa EREIM Llie DATC key Y REC-1OQ LE:UNSEL LECHLI ================================================== Page 11 ================================================== Iegal Counsel to Mr. Adams Re : SENSTUDY 75 or she should not be hela in contempt , a vote would be taken by the Committe with a majority being necessary for the referral Of a contempt citation to the full Senate. The rules concerning sensitive material limit access to such material to employees on a need-to-know basis and to only those staff members with appropriate security clearances. Reporting procedures for the Committee provide that where the Committee is unable to reach a unanimous decision, separate views and reports may be printed by any member or members of the Comittee. A complete Xerox copy Of the rules as appear in the Reaora is attached. RECQMMENDATION: Action_ For Information. Rn Cn 2 NW 88296 Docld: 32989532 Page 11 they Sara_ ================================================== Page 12 ================================================== S 7054 GRESSTONAL RECORD ~tt SENATY Apil 29, 1975 Impcrceptlblc, @hllo 8.5 Cn bo fell; nca} tho After the San Frcnando quakc, thcre wva3 rlso collapse, there Is @ brond COnscnsus that point O orlgln and 3 can bo fclt cer {L (alr- 8 flurry Of studkcs, hcarings, plans and lcgls- most extstlng hlgh riscs aro vulncrahlc to cx- sizcd arca. Sllght dalmhlago can ~Lllg "& at Jatlon. tenslvo Intcrnal darnage Irom unbolted 45, 0 lcvcl 0 5 Is consldcrcd (t n 7 Js In Log Angelcs, thc butldlng codo requlrc- cquipment and, niost Slgnlflcantly, Irom Ore: maJor, and 8 Is 3 "grcat cnrthguze ments were toughcncd: Explaincd Bob WIl - 'Thlo dangcrs arc scrlous enough to havc Tho Issuc, most gcologists and mmlc cx- Ilans, genernl manager Of Los Angclcs' De- prompted Inajor changcs rcccntly In fire rCG- pcrts afrc, Is not whcthek {nother Ixlock- portment O1 Bullding an1d Safety: "Wo ulotlons for all futurc bulldlngs. bustcr (akc will Occur; bul "hcu; Il could doubled tho loadIng strcngtll rcquircnicnts All futurc Hl;h rlscs (abovc 75 Icet) will bc lappon ay tlmc. ard rcqulrcd slaudlards tu k"c ns strong In rc- built wlth nuitomatlc govcrnors that bring Shoula LHat caralquako occur fcoorrow Inforced concrele nnc rcinforced HIasonry. clevators; Instantiy to Ground lcvcl, aud, Incst cxpcrts bclierc, tlto fullowlnb renli- Lo; Angelcs' bufldng codc Js 1" sono rc- tmportantly, #Ith sprinkler systcns a4 cvery fles awalt C lllorn Ians spect toughcr than tlic Unlfem BulldIng level. Tcns of thouslls; O[ hnllha ' bullt In Ccxle to shck most JuriWictions {n tho AH but : minasc nle numbcr 0f t.c ncarly tho tirst Half of tho ( ntur_ (rly J1az - slatc athere. Onc Olliclal, TrOng Beach Dulld - 2,000 high rises prosenfly In Los Angcles aiid nrdons undcr scvcro ca1Thquke condlllons, Ing dlrector Edward M; 0'Connor, a IcadIng Sa Franclsco lack sprinkicr Syslenis: 1n USC It Sau Prane + " Ilxa[ Lw Angeics, proponent of bctter preparcdncss; coutends Rccufremcnts that they bc Installed Tcre could topplc, cnclinerrls; thoti *uats 0 Ircs iilal tlio Unitorni Building Codc fallis hlort. wriltch Iuto & state law lst ycar, bul ellorts (an Csliuiae/ "d} #j0,) In {MA: lc; aloue) "It docs not flf Uc purpose of tho to drart reguations ran Into Jicrcc opposition Olhor thoustnd; €i jWafii: hult 0H1 or coic to pros rvo life, lirh, property and tho IrOm builders, tiic Chambcrs of Commcrcc nCilr Iaulls fAcC derilrutIun frO ground publlc welfarc In tho erent of #H earth- aud olher busincssmeu. shaklug #ud land Lil. quake, he Tlc patle %8 still bcing fought. Hlgh-rlso bullding:_ hullt to more modern Cl1n;es [n thle unlform code come slowly. San Franclsco 3 disasler plan is edvanccd standards, InJaY Jiot" ,ppIC, but Iace %rlous 72# {r0 motkcled n[tcr recommmendations over' those of other mnauicipalitlcs, but it Sut _ hazards Of tire , dlsaiied elcrators ad Li- by tttc Caltormia Structura] Enlginecrs As- fers fron lack Of 00ccntra) conaxatnications adequato stalrwcll Safcby. soclation, composed of professional: enginecrs nctivork, insulliclcnt coordinatlon anlong dc- Earthquako disaslcr urrcnrv plans arc In who hclp dcsign bulldings partments aud Inadequate practical cxer - tho nlascent stagcs lirou'hout Uic slate, Thc rccommendatlons usually rcprcsent cises, accordlng to 1 city plalning deparl- hampercd by ap'hy am(8l%; public Oflieials, 3 balance Of conscrvalive and libcral stralns ment study. lack Of funds anc lafrcqucit cxcrclsis wit hxin tlc associatlon, and, according to AIl It Is Is 0 paper organlzatlon; suid The publlc js II[-prcparcd to cope wIth Somlo obscrvers, are strongly influenced by Alfred Goldberg, hcad Of tle clty's bullaing carthquakcs or thclr nleermatths. 'Thero Jg economlc considerations: dcpartment. vlrtually no publicley aboutt Ilat to dlo dur- Th0 drafters Of the uniform code are still or aftcr 8 najor (uakc. Krthquako Tcslling With Onle Of thle central Iessons 0t Goldberg's concerns are echoed by Jame? drIlls aro rarcly , II cvcr, hcld 'n comnug- thc San Fernando earthquake ~the Iact that Halgwood, stato ccrgcncy servlccs Ollicer in tles Or 11 pubiic bulldings (schools aro an najor bulldlngs are consiructcd with charge of helping to crcale state-lcvel dis- exccptlon) lttle knowledge Or consideration Of soil and aster plan for Southern California. A reccnt federally sponsorcd study gcological condltions and bow they might Commentcd Halgwvood: "I don't lllink most these cstinalcs of death and Injury shovca respond to ground shocks: elected and appointcd ofliciais understand 0 tcniblor of moro tllan 7 or 8 0n1 tilc EIchl - Gcologists scisnilc expcrts admit they have & rcal responsiblllty to nave their tcr scale occur in or mear San Frauclsco or knov very Ittle about what causes earth- Jurisdictiong prepared: Zhey are only doing & Los Angeles: quakes or preclsely how bulldings are aflcctcd bareboncs Job: San Francisco _3S many #S 10,000 persons by local or even distant shocks: Now, for tho dead and 40,000 InJured_ (Shouic # major frst time, Caltfornla Is placing instruments dam break, tho dcath toll could rlsc to that measuro motlon In key bulldings RULES ,OF PROCEDURE FOR THE 6o,000.) Another 56,00() cOuld tc lelt homc- cround the state. But they must awalt en- SELECT COMMITTEE TO STUDY lcss (not inciuciing Guln ~filcUe6s;_ other earthquake to prorluce usable data. GOVERNMENTAL OPERATTONS Los Angclcs-_ilS many a5 20,0H00 dleaths and In the meantime, seismic consideratlons WITE RESPECT TO INTELLI- up to 600,000 infured. Addlilonal dcatis pog- Oro working their way slowly_-some say too GENCE ACTIVITIES sible duo to major Jain Iallurc-_up I0 14,00. slowly--into bulldlng requirements. Homelesg Ncw laws ban constructlon directly orer Mr: CHURCH: Mr. President, in ac- {6o18o,ouo (uot including dam cracuces) up active faults, requiro Eatlsfactory geologic cordance wvith thle provisions of the Zeg- studics bcfore new hospitals aro built, re- islative Rcorganization Act of 1970, I At tho verv best, Callforntans arc fatalisttc guiro that 0 "selsmlc Bafety elemcnt" be In- about carthquakcs, acccptlng that they will cluded Iu local planning, and requiro tho submit now for pubiication In the RECORD COmc, and hoplng tl:cy will bc out of tl1o correction Of unsafe dam conditions. the rules of procedurc for the Select; afectcd arcn whcn it happens: Thls Icglslatlon added up to tllc most prO- Committcc To Study Governmenta] "YOu don t know wlicn It Is golng to bc Or gressivo package of carthqueke mcasurcs in Operations With Rcspcct to Intelligence howv I's going {0 Uc, eld onc Wct Los An- 40 years, but It was not accomplished WIthout Activities. These rules werc adopted by gclcs rcsldent. "I should put moncy Into rcsistancc. Thc rcstrictlon on bullding on or thc members of the Sclect Comniltce maklng my house carthquakc-proof Whcn I near faults, for example, Inspired & storm of 01 April 9, 1975. I ask unanimous COIZ - could bc In sonc skyscraper swaying whcn 1t prolest from real estato developers and In- nnppens? Who cnrcs?" dividual Jot ownCrS tnat eventually Iorced scnt that they be printed 1n the RECORD. In San Franclsco, 2 collcge professor TC - 3 modificaticn softonlug tho restrictlon There being no Objcctlon, thc rulcs cently asked 125 rcsldcnt; Jn 2 random A hospital Iaw passed in 1972 requlres that were ordered to be printed in the RECORD, samplIng what thcy would ao f[ an carth- dctallcd gcologIcal and soil reporis Ior pro- as follows: quake comcs. Sixty per ccnt sald In elcct, poscd hospltal construction be revicwed by RULES Or PROCEDDRE FOR THE SELbcr CoM- "Start praylng What clso Is thcro to don" statc gcologlsts. MITTEE To Srony GOvERNMIENTAL OrERA - Wat Can bc dore? In fact, @Iltc & lot_ Jamcs Flosson, dbrcctor 0I tho stato De- TIONS WITII RESPECT ro INTCLLIGENCE and som1o of %t is bcln;; accomplishru In tho partment Of AIincs and Gcology, promptly ACTIVITIES, U.S. SENATE, ADOrTED APRIL 9, arcng of building code; UPETTRIInre and-USO ran Into problcms: 1975 plan ng; cincrkcncy pr parcdluees, carth- "Thc reporls thc first Icw months were 0 Theso Rics RTo Issucd pursuant to Lho quako prcdlctfon, and pubilc cclucatlon: But disgrace to thc proIcsslon, Flosson SaId: "Wo Ist Sectlon of Sennto Resolution 21, 941b tho clort of { Ic: n "esivo legulators, Insistcd that tlicy be rcdonc, and donc agnin Congrcss, Ict $"cIon, agrced to January 27, stato and Jocal Oflichls, and prlvalc cllbcns untl} they WCr0 right: I'vo had my ncad 1975, and prlnleci In Iull Jn thc appendlix Js Ifrustratcd by tho Jow Icvel of prlorlty bcrclo. gcncrally asskncd to carthquie prolcctlon: bloodicd mnany timca 8S 9 result. I've becn Tho "kill rallo" or piat Crelllornia carth- thrcatcncd, told my carccr would bo rutned_ RULE 1 CONVCMINC OF MCETINGS quakcs ts cxtremely low coinpared 8 Icw Gcologists tricd to gcl mc fircd: But wo 1.1 The Commlltcc may schcdallc 4 roJ_ traflic acclclents. Abvut $00 perss havc dlca stood by our gunS and MOw tho quallty o1 ular and Iour for the Comnlblcc to {9 tho TCSu]{s Of quakcs Flil'0 thc turn Of tho rcports Is cxcellcnt: mcct. tho ccuitury compr d 1o an nvcrr0 annul Anothcr arca O[ controvcrsy Is Jicbrfso 1,2 Tho Chalrman shall havo ?ul lty lle;hway toul 0f 4,00. 'Thus thoro aro thosc #fety- Ecrkclcy archltcct Karl V. Slclnbrugo upon proper noticc, to call such #tcliliuel Wlio aritic agalst cxpenllltlre Ot' tlmo and bellcvcs tho modcrn stcclframo constructlcu Incctings of tbe Counmittec 8S hc mnl; d.; clrort On comcth[lg; n%; mercurlal and unpre - Fill withstand Intcnso shocke. But Henry J_ ncccssary ard may delcgate such authorlts dlctable 05 {LII car 'thqunic Drsunkolb, n San Franclsco clructural cn- to any othcr mcmbcr 0{ tko Cor xnillve. CaJJfornIn'8 nCw Movcrhor, Elmund G. glicer and Ircquent crIllc OL 8fety standardls 13 4 fpeclal meeting of tho Ccmmllle'Q Brown, fs Snld to Ic 0ng O thosc. Accord- s3kd: may bo called at any tlmo upou tltc writton to 0 rccent ncws story, IrOwnl #uf{csted "I would not fnd It unrcaconablo to Cx- rc( ucst O Fl% (r more memnbcrs 0f tho (om- tlnt monoy belng allocalcd {Or Gafc bulidlngs pcct thcrc will bc 15 to 30 total collap cg mlitco Olcd wlth tlc Clerk O tho Cowmlttcc mltht bo uscd to Improvo tho quallty O edu- vllh anothcr 50 to 100 scvercly damagcd' In 14 In tho caso Of any mectln;; Of tho cation, to rehabllitato Jousing for thc poor, Bav) Francisco. Commlttee, other tmon { rczularly schcd - Or lo crealo cuustructlon Jobs. #} lo thcre 1s dkgrccmcnt about Ilgh- ulcd mcctlng, the Clerk Of tho Comnille0 AIL INFOZKArIO: CONTAINE FEZEII IS UCCIA3SITIT tremuuis ENCLOSURE (2 ~/ (6 39s~ 149 Dirz /-LI-el BY SReukm 818 NiV88296_nog be :Ini; , theso sa Id _ Ing bclng they and to, Bny. day Jra' Jnp ================================================== Page 13 ================================================== April 29, 1975 GRESSIONAL RECORD Set SENATJ S 7055 ~sholl ncelfy evary mcmber 0 thc Committce oly pcrson dcslgnatcd by tlie Chalrman or Luspcclion and Correction__AlI wft- of the tlno and placo of thle meetlng and mcmber_ Each subpocna Shall contaln : copy ncsors tesf}fying beforc tho Comm] shull shall glvo ronsonablo notlco wn lc, exccpt Of Scnate Rcsolutlon 24, Otth COngrcss, Ist bc gtvcn 3 reasonable opportunlty 1o Insprct_ In extrnordinary clrcumstanccs, sttall bc at Scsslon. In thc Ollice Of tite COmmittce, thc transeripoe lcast 24 hours In ndwancc Of RZy mcctlng KULE 6. PROCEDIRes R*LATKD To TIIE TAKING of thclr testimony to dcternlnc Ihcthcr gu6h held iu Washington. D.C, and nt lcnst 48 Ob TESTIMONY testimony WfS correctly transcrlbcd. Tho wil - hours In tllo casc ot auy meellug hcld out- 6.1 Noticc. _WItucsscs reqttired to appcar JiCSS n}ay bc accompanled by counscl. snle Washlngton, DC_ beforc Commlltcc shall be Elven rcason - corrccllors thc witticss destres to nake W 1,5 Ic 0 miljority of thc mcmbr; Of the abio noticc nnd aIL {ilnesscs shall be fur ~ thc trauscript shall bc submlted In writing Comtuittcc fave made n rcquet in Writlng Illshcd a cOpy Or" tcsc Rutles. to tho Conmuttec W[ehit fivc days o[ tiae to tlc Chalrnan to cnIl n mcc { ng of tlxc 6.2 Oulh O Afjiraation._Tcslimony ot ava (Labfity of tlle trenscrlpt, Correcliou Commitlce aud thc chalrmnn falls lo Call witncsses sha[l be givcu uncler on Lh or a[- shall bc lmlted to graminar and minor cdlil - SUChl a mcoting #ithn sCven1 calendar days firmna! {Ot1 Which may bc administered a2)y fug, aud nay not bo made to changc lhao thorcattcr, Incluing thc dlay 0I} whlch thic wceber cf thc Committce. subslancc of tho tcstimony. Any quesllw $ wriltcn notlce Is submltted, such sajorily 6.3 Interrogation._Comimlateo Intcrroga - arlsing wilh respcct +0 such corrcctlons ##all mnay Cll a meclinlg by filtng % writlcn notlcc tlon shall bc conducted by menbers Of the bc decided by thle Cha"rnan. Upon recuc;"t w(lh thc Clcrk or tlie Comm)ilee whio shall Conamttco and SIth statr personncl Js Xs those parts or testimony glven by 0 witucs; promplly notlly each membcr O thc Com- authorized by thc Chairmlan, thc Vice Clalr- [n Exccutivc session whch arc subscqucntiy mitlec in WrIting 0f the clalc aud tfmtc of men, Or thio presicling merhcr_ quoled or madle part of a record shall Ine tlle mccling: 6.4 Counscl for lhle Witncss_ (o) Aly made available to that wttncss at hts Cxa RULE 2. MEETING PROCEDURES witness may bo accompanied by counscl. A pcnsc. 2.1 Mectings Of thc Committcc shall be wilness wllo [5 Unable l oblain counscl may 6.9 Pcrson3 Affectcd by 'Tcstimony - A opcn to thle publlc cxcept when othcrwise Inform tho Committeo 0f such Iact; and Jf pcrson who bellcves thiat testimony Or Oiler dirccted thle Chairman or malority volc Of consistent with tixc notlce givcn under Sec- cvidcrce prcsented at 4 publlc hcaring, or by tion 6.1 hcreof, at Icast 24 bours prlor to hls eny comnment made by 0 Comnilttcc mcmber merbeIs IE BiGenbe be thc duty of the stal di- appcarance before lho Commttee, the Con- or Commlttcc cornsel, Inay tend to {([ect rector to kccp or cause to be kcpt & rccord mittee Shall then endcavor to obtaln volun- advcrsely Hls reputatlon, may requcst to mp- of Conmiltcc procccdlngs_ tary counsel for the Wltness, but fallure to pcar personelly before the Committce Lo 23 The Chalrman Of the Committce, or obtalu such counsel wIll not cxcusc the wit- testify on hls own behalf, Or may fle 2 sworn 1 the Chairman 1s not prcscut tho Vlco nes3 {ron appear: and testifying: statement of facts relevant to the testimowy_ (b) Counsel shall conduct themsclves In evidence, Or comment, Or may submit to Lho Culairman, shall presldle ovcr all mncctings Of Chalrnan proposed questlons In wrl for the Committcc. In thc absence of thc Chalr- an cthical and profcssional manner. Falluro the cross-exanination of other wltnesses. T1o man and the ~VIce Chairmnan at any mecting to do S0 Shall, upon 0 finding to that efect by Committee majorily member Is prescnt the ranklng ml- 1 mayority o[ the membcrs prescnt, subjcct shall take such action 49 16 norlty member present, shall preslde such counsel to disciplinary action whlch dccms appropriate. may Includo warnlng, censurc, removal, Or & 6.10 Contempt Procedures_~No recorn- 2.4 Except 05 otherwlse providled in these recommendation Of mendatlons that & person be cited for COI - Ruies, declsions Of tlic Cominittee shall be contempt proccedings: tempt O Congress shall be forwarded to Lhic by majority vote of the mnembers prcscnt (c) Thero shell be no dlrect or cross ex- Senate unless end until the Commlttcc Iuat ; and voting: A quorum for tile transaction amination by couinsel. However_ counsel may upon notlce to all Its members, met &nd ((1] - Of Committee busincss, including the con- submit In wri any questions he Wishes sidered alleged contcmpt, @AToratcd thc duct 0t Executivc seSSiOns, shall consist 0f propounded to hls cllent or to any other wit- pcrson an opportunity to state Iu writlug or slx Committee members except, that for the 2e5S and may, nt tno conclusion Of nls In person why he snould not be hcld In (ui - purpose of hearing witncsscs, taking sworn client's testimony suggest the presentation tempt, ana agreed, by majority vote or thc testimony, &nd reccivlng evidence under of other evldcncc or the callirg Of other wit- Commlttee to forward such recommendalict oath, & quorum nuy conlsist Of One Seziator. nesses: The Committee may use such ques - to the Senate_ 2.5 A voto by nhy membcr Of tile Cor - tions aud disposc Of such suggestlons 1t 6.11 Release of Name of Witness.~TJtales may Ste ft. mittce with rcspect to any ncaslre or Inat- 6.5 Statements by Witnesses.~A witness authorized by the Chatrman, thc 41nm(' Oc ter bcing COnsidcred by thle Committee may may make 0 staterent, Which shall be brief a21y witness scheduled to bc hcard by ( be cast by proxy ir tho proxy authorizalion and relcvant, at the beginning &nd conclu- Committee shall not be released prlor W is (1) Is in writing to the Chalrman or Vice sion of bis testlmony Such statenents shall appcarance before the Commitlcc. Chalrman; (2) dcslgnatcs tlc membcr of not exceed 2 _ reasonable period of tlme a5 RULE 7_ PROCECURES For HANDLING CLKSSINIEO the Committee wllo 18 to excrclsc thc proxy; dctermined by the Chalrman, or ther pre- OR SENJITIVE MATERIAL end (3) Is limited to n specltlc mcasurc or siding Rlenbcr: Any witness desiring to make 7.1 Committee staff oflices OII thc (ir :t mattcr and any amendments pertaining 0 prepared Or written statement for the ICC- foor O[ the Dirksen Olico Buildlng sl;li thereto. Proxleg Shall mot be considercd for ord or the procccdings Shall file & copy wlth operate under strict security precaulions. At the establishment of a qUorun: tho Clerk O the Committee, and In SO far &8 lcast one security guard shall bc on duly :t RULE 3. BROADCASTING, 'ITHLEVISION, AND prncticable and consistent with the notlce all timcs by the entrance 10 control cnLrv PHOTOGRAPIY given, stall do So at lcast 72 hours In ad- AII persons bcforc 07 tering thc olliccs ;hall Any Committee mccting which Is open to banco or bls appearance beforo the Com- dcntify themsclves _ At Icast one addltional the publlc may, subfect to Iulc 6.7, be cov- mittce. sccurity guard shall be pastcd at night Dr cred, In wholo or' Ju part, by llevlslon, radio, 6.6 Objcctions and Rulings -~Any objec- survcillance ol the secure arca wherc scnsi- 6till photography or Other mcdla coverage, tion raiscd by a tncss Or counscl shali be tlve documents arc kept: 4 the Chairnan uthorizcs such) covcrilyc. ruled upon by thc Chalrman or other prcsld- 7.2 Sensltive Or Classified documents #nd Whell corcrage by auy such miedin Js aUtth - member, and Silch rullng srhall bo the matcrial shall be segregatcd in a Secure: orlzed It Inust bo conducledl In an orderly ruling O the Colnmlttce unless & majorlty of slorage area. They may Uc cxamined only #t and unobtrusivo maencr and thc Chairman thc Committee present overrulcs thc ruling: sccure rending facilitles. Copying, daplical- may tor jood Causc Lernlnate such encdia Inl tlc case or tle votcs the rule Or the chair 11g, or rcmova[ fromn the Committcc #&Uf coveragc in) whole or In part, or abc such WIII prcvail: Ollices Of such documcnt: ; and other mterlal; other action aS tite circullnlslanccs Inlay war - 6.7 Lige{s awa Broadcasling. -(a) 1 wlt- Js prohibltcd cxccp: as i; necessary for Itec I. rant. ness requcst On grounds of distraclion, or prcparation for, iulerv:ews or COImtt ee RULE 4 INVESTIGATIONS hara3smcn:, Or plysical dlsconfort, that dur- mcctings, Jucleains tnc taking Of lestin} )y, Eve?tlgatlon shall be: Iuitiated by thc Ing hls tesl;:onz, talcvislon, motlon plcturc, und [LI COH[ornity wIth Sectlon 9.2 hereo{ Cuxnutice unless 0 maforily 0f tlxc IHIGIn- and oxbcc Um *5 #ncL liehts shall not bc 73 Eacit mcinbcr or thc Couuulltec Sh ul bcrs of tho Conmlttec Jlas #pecilically aU7 - d:rected at B1.al, Such requcsts to ve ruled on at a1l tlmcs have #ccC;S Lo ail papt I "[ It #crordanre wilin Irtle 2.4. other matorial rcceived [ron) aay Sourcc 'Iaar torizedl sutch Inve:;" Jabion, but any membcr (b) No wlte;: subpocnaccl by thc Com- Slalr Dircclor S[Aa[[ be reponsiblc for (ho Of' Lk.e € )umitlcc sl +Il bc (HLIUcd t pUrstIc mnalntenancc, unrler anLyy Intcalry Indlvkdlually Mlss spccincally mitee shll hc requred agalnst hls WIl 1 eppropriate 3p [irin / Droi)bited by # mnaJoriy volc of thc mcm- bo pnob"graphed 4& any hcariug or to Glvo proccdurcs, Of & registry whkch W!II JINI? ' har;; of Lic Comatetee_ Aulhorlzcdl Investi- evldence Or tesuimony wixlc the broadcesting and Identify aIl ppcrg and other ma(cli:) Galtiouu; Or Inculric ; I%t% hc conduclec} by O[ tat hearing by radlo or tclcvislon, J In thc possesslon of the Commlllce, {udl +/l.1 Iwember of Lhc Coninilllcc auct or by Ieir;; conducted: A0 thc recuesl 0f any wl~ rcgh;lry shall hc a7-ilable Lu BWy ncli))GT ( Ixn'ed SLa!l mcmbcrs deslg- na who (los not wl;" to hc suhjected Lo Conintleo. radlo, tclevL:lonn, or SLIii pholography COv- 74 Access 80 clit ;jided informatlon #P- RULE 5. SUMPOENAS crg0 Q[[ Icnsesi shall be covcrcd and a}l pllcd to tho Commlltae ohal[ bo llmllct? {0 Srpocnas for atlendlattco O[ wltncses (r microphone; Inc [ for covcrigo learncc of, iuc Stair Drcclor_ lhe Chlef Counscl aJal +2 tl)e preduMlon of mcmnoranda, (loc;MOI{# So Q:r n3 [> praculcahle, & Wllnoss (lcslrlng to Councll to thc MIinorlty, and those stalr %' I- rccurds; Or ~ny othcr maaler}l mnny bc Isuerl mako such {I rcqucst slall S0 Imform tho berg wlth approprlate security cluarauled"s _al by thc Chairmat, Or fhy other momhor Chle[ COusel 0f thc Conamiltcc nt Jcast 24 R uced-tO-kuow_ deslguntcd by hln ntter consultatlon with houra prlor Lo Lec tmc that witness Jo T,5 No la;litnony bken Incluatlt;; #mo tho Vlco Chalrman, Aud may be Gervcd by schedailcd to lcsbily: nuntcs of wltnesscs tc Nfylng Or Inil ' 1.8 NW 88296 docid332989532-Page-| ttoc 4ny thc py all [ng ting ting the a8 W[ 1n24 may No tho ================================================== Page 14 ================================================== S 7056 GRESSIONAL RECORD ~ SENAT April 29, preicnted at an Exccutlvc Scsslon; or classl- cics of the govcrnmcnt, and to procuro tho tion :n supcrpower politics. To bc surr acd pepers, and otlicr malerlals rccctvcd by temporary or Intermlttent servlces O expcrts It s some measure of our Indlifcrcm: , tho staft or Its consultanty whlo In tho om- or] cousultants Or organizations thcroor to that wc have withheld trade prcferener- ploy o tho Commlttco &h4ll bo nado publlc nako studics or asslst or advlse the Com- in Wholc Or In paut or by #aY of suImary, Or mlltco wilh respcct. to any matter under acrcsS-thle-board, dcspite the fact Ut dlscloscd to any pCron oubidc tho Conuntt- Wvestlgetlon. countrlcs Ilkc Vcnczucla and Ecuador tco unless #ulhorizeu by 1 mnfortly roto of EULC RCPORTING 0? WfiSlrbs OE not partlclpate in the Arab oil cmiba: 11. tno cntlrc Cougnt:' , Or alur tlic tcrnua- RECCMMENDATIOAS #hlch provoked our acllon tlon of elic Coltalta- *c"c} In sucil IAUec 09 Besct by massive social and ecOnor: may bo dctermited thc Scnale. 11.1 No meastiro or recommendatlons problens, South America conbinus 7.0 Bcforo tlo Ceumtllco Is Callcd npon shall be reportcd Iromn the Comltlca utlesg n umJorlty of the Comanuttce Is acbually prcs- [crmcnt. Wc should not walt to bc c to nil:c any dl m >it:on sith rerpcct to the eut anc 0 rmorlty or Vlc ent coucur. frontcd with rcvolution and crisls. Ial?_ iestimony, ptper% or otiicr nmaterkelg pre- scntcd to It, tho C mnzntllco menibers Bnahl 112 In any casc In Which tho Commlt- cr, Tc should anticipate and encou: havo 0 rconalxc cpporbunity to exaumltte tee fs umnablo to rcacn 8 unanimous dcch- progress and peaccful changc. Wc m/ a1 pcrtlnent Lc: Ioxy, [apls and olher sion, scparato vicws Or rcporta my be hCsin hw supporting 2 ncw and fm mnterlals that Iilto bech oblained by the scnled aud printed by mcmber Or Diem- Panama Canal Treaty, by seriously 1 Comn! ve sia#_ No membcr slatll rele.> 0 bers Ot thc Conmtlce: evaluating thc prcscnlt policy of Sat!: an1y such linoul5 Dapers, Or Otlr nlalerl- 113 A member of the Committec who tions On Cubal, and by forswcaring it a13 or any infornlal Llon contalnecl In such gires notlcc of hls Intcntlon to filc supple- tcstimony, Or ollicr mlatcrf:tls, to the mcatal, minority_ or addltlonal Wlets at tho Icrcnce In intcrnal affalrs, which has pitlioox;PYpeers G Olhcide1ailo clsntthe Ulnic of fiual Commltlce approral of 0 mcas - such scrious rcpercussions Jlx Chilc a unlc:& authorincd by ? malorily rote O tho uro Or Inallcr _ sholl bo cntlllcd to not Icss Honduras. entlro Comnnuttcc, or after tllc tcrminatlon than thrce calendar days In whch t0 flo Clearly , tInc mere visit of Secrcla _ ot the Committce, Iu sucn nlrnncr 19 my such Vlews, In wrlting, With thc Olcrk o tho Fissingcr cannot sulbstitute for the Suh - bo detcrmincd by the Senatc. Commlttce. Such views shall then bo In- stantivc reassessment and Improvenc;t cludcd In the Commlttee report and prntcd ROLE 8 . PREPIZATION FOR CONJIITTEC MCITINGS Jn) tic Siinc volumc, aS 0 part thereof, and of our altitudes and policics Latin Anx 8.1 Undcr dircctlon of tilc Cilnirman, tho thelr Incluslon shall bc noled on the cover ica Is cOmning Of age; SO should Amer:: _ Staft Dircctor, Chlef Counscl, Couuscl to tho of tho rcport: Perhaps our bicentennial we sla Minorlty, Or otler de;iznatcd stafr members RULE 12. CIIANGCS IN EOLES establish & new corollary to the Monr 82all brkef nlembcrs Of the Commtttce at 2 Doctrine, that Latin America be prir- tmo suficlently to any Commtttce These Rules may bc modlflcd, anended, or not mceting Jn order to asist the ConmmIttca repealcd by the Commlttce, prorldcd tllat & tected only from European exccsse membcrg In prcparattion for such meeting notice In wrlting of tho proposcd chango has but frOn) our own as well and to determitno an9 matter whlch the bcen glven to each member at Icast 48 hours Mr_ Prcsldcnt, I ask unanimous cc" Committee membcr might wlsh conskdered prior to the mceting at whlch actlon thereon sent that the exccllent Post cclitorial Lt' durlng the mceting. Such brlcting shau Jn- Is to bc taken. printed In te RECORD. cludo & lis} of all pertinent papcrs and other materials that halvo bcen obtalned by th8 Thcre being no objection, the editorin' Connlttce that bear on mattcrs to be cor- ANNOUNCEMENT OF POSITION W?s ordered to be printed in the RECO""; Gldered &t the mecting- ON VOTES follows: 3.2 Tho Stalf Director; tne Chict Counscl, TIIE IxPORTANCE OF_LATIN AxERICA and the Counscl to the Minorlty shall rec- Mr. STEVENS. Mr. President, on I} Is rcgrettablo but not disastrous t; omtfend to tlic Ciiairnian siid tlxo Vicc Chatrr April 23, 1975 , I submittcd for the tho Indochlna CrIsis should havo Iorccd Sec- mcn the testirony, papers, #nd othr matc- RECORD & summiary af my position On {he relzry of Slato Elcsinger to pastponc rlals to De presented to the Commfttce &t any votes Ior HR: 2166, thc tar reductlon agaln hls long-scheduled t-lp t Argcnti:t meeting: Tno deternunatlor wcther s1ch bill and HR. 4296, the farm bikl. For Brazhl end Venczucla. The trlp would sure;; testlmony; papcrg, and other materials shau the permanent RECORD, I woud liko to navo cxllanccd tho secretary': underster"- bo prescntcd In open or Executivo scsslou correct an error made in this sumniary Jng Of 0 rcglon of far more Critlcal and Cll" Bhall bo made pursuant to thc rtiles of the Thc correct notation for votes No. 92 and during Irportanco to tho United States #1. Scnate: 93 should be as follows: Indochlnn: And 1t wouid havc glven his ho" ROLE 9 . STAFF tho opportunlty to what Lctlns pcre-1 - 9.1 Tho appolntment Or a11 stal nicm- Vote No. 92; Modified Hart wMnlum - nlally Iccl 19 0 commodlty In short supply - bcrg and consuitants Shall bo confirmcd by & bered amendment"-nay. the hlgh Icvel attentlon of tho US. govcrr- majorlty volo Of tho Commlttec Atcr con- Vote No. 93: Motion to table motlon to ment. Yct thc Vlslt of an Amerlcan SecrctaFy flrmation, the Chalrman shall ccrtlfy staft ap reconsidcr the vote by whlch thc modi- of Statc, cvcn ono who Is 0 cclebrity Js 16 polutmenta to tilc Financlal Clerk Of thc Sen- fied Hart unnumbered amendment Kas somcthing that would #uID the heads 0: ate In writlng: agrced to -nay_ thoughtful Lntins. Thcy will wlsh to seo wl:: 9.3 Exccpt as otlcrwiso provided by tho else oI 0 scrkous naturo In Lntln-US: re- Committcc, the dutleg Of Stiff and consult- tlons Js golng on. anltg Bhall b0 performcd, and staf personncl THE IMPORTANCE OF The chlcr polltical task of Amerlcan aDalr? and day-to-day opcratlons, including LATIN AMERICA Jcy In tho hemlspherc 18. plalnly, to urOFA BccurIty and conlrol Of classiflcd tlocuments heyond the arrogance and paranola that } and materlal, Shall bo admfnlstcred uder tha Mr. HOMPHREY. Mr: Presldcnt, I Amerlcan ollclals to thInk It Fas not 0l l} dlrect gupervislon and control of ihe Staf wlsh to call to the attention of my apprcprlatc but neccssary to "destabillzo" €6 Dkrcctor and the Chlcf Counscl_ Tle Counsel collcagues an editorlal whlch appcarcd elccted Governments O[ ChIlo In 1970-7." Ior tho Minority Shall bc kept fully Informed Jn the Washington Post on April 26 cn- Slnce somo Of the same kcy Olleals, Incle: :- regardlng aIl matlcrg and shall Jnyo accecs9 ttlcd, "Thc Importance of Latin Amer- ing Dr: Klsslngcr , arc stIll In Dosts O[ ICspo to All matcrlal In thio fles of the Commlttcc. " slblty_ tlg Is mo small task. Optlan: 9. Tho gaf Of Lho Coilnlltco cball not Jca: Frankly . It js 3 sory thing we mlght hopo that tho newly uelghtened Dlo- dlzcusg cither thle substancc or proccduro o have to be remlnded Mlc and congrcsslonal vlgllance ovcr the Ci: lho work of tho Commiltce #;tth enyono For too long, we have ncglectcd what and tho aGency'g 0w aunounced reforns, othcr than n menlcr ot the Commlttco or Presldent Kennedy recognizcd aS our cnough 1 Torcstall enothcr "Chile." Po othcr Commnltteo ronncl_ Upon termina- "slster republlcs"_~and when we have mlgty will rcmaln skeptlcal, &t least until t%0 tlon Of cmployment by thc Committec; ench dcalt willh them, It has tou oftcn bccn tes} of tho ncxt Chllo Js mct. mcmbcr Of tho st:tIl, Or COUSUllant; chfll sur- on the basls 0f palernallsm ralhcr than Acanwllio, tho developing cmphasis o U.:i rondcr alL classifled aud othcr nnatcrlol To- cquality . Yet tc good nclghbor pollcy POllcy on trcating Latln countrlcs Indlvlit - lotlng to tho work Of tllo CommIttco whtch ually, rathcr than ag Iook-allko mcmber; camo Into hls pOsscislon wlilo Ju thc cmploy and thc alllancc for progrcss rcmind uS of tho Conmullec. lbat Our relatlons have becn-and apain 0 hcm} #plicrlc collecbive, Lg 2 hcalthv Thk new emphisls tits tho reallty that Iwv' 1 9.4 Tlxo employment of #ny mombor of can pc_warm and construcbivc. Thcy aTo allerenb. It fta tnc Clrzent Labln Ivx- tho stafl Or consullint who Ialls + conform should occupy 2 ccntral placc mn our clinblon to tako 0 6tcp away Irom tho okl to any of tncso Rulcg slall bo fnumncdiately forclgn pollcy, ard thcy should bc con- notlon Of 0 kcmlsphcric "communlly: AxJ tornlmated ducted with tho mutual rCspcct they # dccpaned, It should frco Amerlcan polle 2ULE 10. 8CRWICTS, INPORMIATION FACILITIES, deservc: makcrs Irom 6h1o Insldlous Idca that AND PEISONNEL 0F TFE GOVEINMENT; CON- happeng L} OIO corncr Of Latin Aracrlcc SOTANT% Unfortunatcly , To heve bcen dls - eIo happcn I other cornCrS It 1g prce k: ' .V Tho Cbatrman ahall havo the authorlty t bractcd In rcccnt ycars by hottcr Gpots, thlg Jten that Jod Wusnington to fear Lia:i , utIllzo tilo rorvlcca, Infornxtlon, Iacillt such &8 Indochina and thc Middlc East, Cuba aud Chlle, In thclr rcopcctIvg tIinaa 4 @Drl pergouno of tho dcpartmculs and ngen- not to mlention our" trauillonal absorp- would contalmluato tho rcsl 0I tho rezlol NW 88296 Docld: 32989532 Page 14 197 Dy pre: pro - ens & for prlor as get po} - #Jt #01 tes, ================================================== Page 15 ================================================== AHo: Sif 78.869 8 May.1975 MEMORANDUM FOR: Members of the USIB Ad Hoc Coordinating Group SUBJECT Security Clearances 7S The following i8 a listing of 12 additional Senate Select Committee Staff members and official stenographers (*) who have received a security investigation by the Federal Bureau of Investigation within the past five years and are certified by Mr William G Miller , Staff Director of' the Senate Select Committee , letter dated May 6 1975 , as meeting the requirements of Executive Order 10450 for access to classified information up to and including Top Secret _ Name Date & Place of Birth Soc . Sec _ No _ *C _ Harold Brown 6/6/38 Ohio 278-34-3428 #Wayne Birdsell 5/2/06 D.C _ 578-03-1841 Anne Karalekas 11/67/46 Mass : 023-36-4329 #Mary Lynch 3/16/26 W _ Va _ 250-38-1344 Robert Kelley 10/29/40 Ind 559-54-1348 Paul Wallach 5/24/47 N Y_ 149-36-2999 Lester Seidel 7/17/44 D C _ 216-38-5204 #Frank Shelburn 5/30/13 Va 338-24-6934 #Robert Thomas 12/16/25 Md 219-14-5186 Gregory Treverton 1/21/47 Colo _ 524-62-2459 William Truehart 12/18/18 Va _ 225-20-6411 #Fred Ward 11/20/40 D. C . 225-50-9983 6 2 - /l63 9S 7 (Lk &7knbp '8 MAY 13 Ttohn M. Clarke Asd6diate Deputy to the DCI for 'the Intelligence Community 4 63-116398 1 4 Ncv AsMAY Docld:32989532 Page 15 kka " Si;)) by #mpeJs Nc) EZCORDED Relnalne 1975 5-88 File 1975 ================================================== Page 16 ================================================== OPTIONAL ForM NO. 10 5010-106 1962 EDijN GEN: 'REG . NO, 27 UNITED STATES GOVERNMENT Assoc. Dir. AD 1 I Mr. J. B_ Adams Dep. AD 2 Memorandum Asst. Dirj: 2 ~ Mr. J. A_ Mintz Admin. (1-Mr.J.B.Hotis) Syst__ TO M. WJUBRuxdAoAi DATE: 14, 1975 FilcsAalon Gon. Inv. 4 Mr . W. Ra Wannall Ident. FROM M. 'CREGAR 5 Mr _ W_ 0. Cregar Wlnesz |oz Mr. S. F. Phillips Laboratory Plana & Eval_ SUBJECT : SENSTUDY 75 Wbiblht) Tponing' 71r1 Legal Coyr: Ml Telephona Rm. My memorandum to you 'g113/75 furnished highlights &fstor Sec'y information relating to an interview by a Senate Select Committee (SSC) Staff Member of retired SA Alan G_ Sentinella 9 as obtained by Supervisor Seymor Fred Phillips of the Bureau 1 S Senstudy 75 Special Project. At 11:20 a.m_ 5/14/35_Sentinella telephonically contacted Phillips from Atlanta, Georgia_ 9 and advised that he had been tele - { phonically contacted earlier on the morning of 5/14/75 by SSC Staff Member Lester B Seidel_ who had interviewed him 5/12/75 . Seidel told Sentinella that he is being `'subpoenaed to sworn 8 testimony before an Executive Session of the SSC 9:30 a_ m, Wednesday , | 5/21/75 _ The testimony is to begiven in Room G-308 New Senate Office Building_ In response to specific questions from Sentinella, Ha Seidel advised Sentinella that he will be reimbursed expenses that % his presence will probably be needed for only one and that the purpose is to essentially go over the material covered when Seidel 3 Iz interviewed Sentinella 5/12/75 . Seidel asked Sentinella who had taken over the case concerning Levison (Stanley David Levi former consultant to Martin Luther King' Jr_ who was under Bureau investi- gation because of his communist background) in Atlanta when Sentinella left_ Sentinella furnished Seidel the name of SA Richard Hamilton_ Sentinella asked Phillips for ssistance 6z.[/637748 of the nature he received when he was interviewed; that is someone -from the Bureau to render guidance relative to any sensitive areas that might be" touched upon _ He furnished the following as his telaphope {ugbers in Atlanta, al1 area code 404 . Office: 88-13 658-2119 CONT INUED e OVER Residence : 475-5327 62-116395 475-7816 1 5 67-432832 (Personnel File Former SA Alan C. Sentinella) 8 4 MAY SFF iskeKw) NW 88296 Docld:32989532 Page 16 Dop. Comp. May Com. #[ge give day , son , REC-100 ================================================== Page 17 ================================================== 7 Memorandum to Mr . Wa Ra Wannall RE: SENSTUDY 75 62-116395 In accordance with established procedure, Sentinella was advised that he would be contacted by someone from the Office of the Legal Counsel who will make arrangements for a Bureau representative to be available for consultation should Sentinella 's testimony involve sensitive areas of inquiry_ Sentinella indicated his intention of arriving in Washington, Da late in the afternoon or in the evening of the preceding his testimony. ACTION: Refer to Legal Counsel So that someone from that Office may get in touch with Sentinella in accordance with the foregoing. PLA 51 Qi Bu Ul? ( 2 3 NW 88296 Docld: 32989532 Page 17 C:, day UneJ Seu_kiu) 0 'WruDs Iia/7s A UGlx h 4*3u 1C+ ~u 6t Caley 'ell _ TJ er-Le: 6 17. J' e` 7227 & ================================================== Page 18 ================================================== OPTIONIAL FORM Nc. 10 3010-106 MAY 1962 Edition GSA GEN: Reg. No. 27 UNITED STATES GOVERNMENT Assoc. Dir. 1 Mr . J: B. Adams AD Adic Dep: Memorandum 2 T Mr _ J: A. Mintz Asst. Dir. .(1 C Mr. P. V.- Daly) Admin. Comp. Syst. Ext. Affairs Mr . J. B_ Adams DATE: 5/16/75 Files & Com. Gen. Inv. Ident. 1 2 Mr. W _ R Wannall FROM W _ R Wannally 1 Ren Mr . J_ G. Deegan Isiiac 1 Mr . Ra LS Shackelford Laboratory Plon. & Eval: 1 L Mr. W_ 0 _ Cregar Spec. Inv. SUBJECF SENSTTUDY 75 1 I Mr . S _ F _ Phillips Troining Legal Coun. Telephone Rm. Director Sec'y This informative memorandum is to report briefing 0f Senate Select 'Committee (SsC) Staff Members on informant matters by INTD personnel_ At the request 0f the SSC Staff a briefing session was hela in' my office from 8:50 a.m., to io:50 a.m., 5/16/75 . 8 Representing the SSC were Staff Members Mark Gitenstein and Thomas Dawson _ In addition to myself, present from the INTD were Deputy Assistant Director H E Helgeson, S F Phillips 0f SENSTUDY 75 Staff and Unit Chiefs E P_ Grigalus (IS-2 F Section) and HS A_ Newman , Jr (IS-1 Section) Also present 1 was Supervisor J. Da Miller of the Legal Counsel' s Office_ L & SSC Staff Members had previously reviewed Sections 107 (Part I S Security Informants) and 130 (Extremist Informants) 0f the Manual of Instructions and the purpose of the briefing 4 L was to go over these Sections and answer the visitors questions and clarify doubtful areas Such matters as the following were covered: Terminology regarding confidential sources , potential security informants and security informants; means for approving informants; payments to informants both on SAC approval and FBIHQ approval; converting of potential infor- mants to informants; establishing reliability; assignment of symbol numbers; distinction between permanent and temporary 'symbol numbers; use 'of FD-401 for semiannual reports on infor- mants; use Of FD-405 for monthly and quarterly reports on informants_ Also: covered were: Use Of informants in COINTELPRO; entrapment and agent provocateur aspects; movement of informants between field office territories; channelizing memoranda; handling 0f informants after determined to be unreliable; and inspectors role relating to informants at field level Mr _ Gitenstein , who was the senior of the SSC team present, indicated satisfaction with the resultsiof- the briefing and that all their inquiries had been answered _ He made 16 MAY 27 1975 62-116395 CONTINUED OVER SFP : cmc ( ~`0 . (9.) 8 4 MAY 2 7 1975 NWV 88296 Docld: 32989532 Page 18 Depa Jembel 323.7873[41 REC-10Q 578 ================================================== Page 19 ================================================== Memorandum to: Mr _ J_ B _ Adams Re : SENSTUDY F 75 62-116395 a very cogent observation concerning the: FBI' s handling of informants. The SSC Task Force he is 'on is studying informant matters in various intelligence community agencies including the FBI _ He stated that they had: found the FBI as so much far superior to other agencies that considered the FBI as the standard for all law enforcement He cited specifically the finding that the Internal Revenue Service and the Bureau 0f Alcohol I Tobacco and Firearms as very weak in informant aspects _ It is believed that the visicors found the briefing most productive 1 as they themselves stated that briefings such as this one will be very helpful to the SSC in its work; and promote friendly and businesslike relations between the' SSC and the Bureau_ ACTION : None For information Rli K 2 NW 88296 Docld:32989532 Page 19 they tuleJJ Hl p4 ================================================== Page 20 ================================================== Optionai {oim No. i0 j01o-1q6 MAY 1987 EDil,on 6j| GIN: #[C, , 0, #8 Dir . Assec. UNITED STATE IOVERNMENT Dep. AD AJm. Dap. AD Inv. Asst. Dita: Memorandum Admin. Comp- Syst. Ext. Alfaits TO MMr - McDermott DATE: 5/9/75 Eiz 26615. Gan. luv. Idcnl. Inspoction FROM :J. C. rafhington 0 Selact Comm {Tlee d L labototoz Legal Covn; S-ut Plan- & Evat: Spcc. Iny. SUBJECT :SENATOR GARY HART (D-COLORADO) Troining REQUEST FOR FBI DA TA ON HIM UNDER THE Telephorc Rr. FREEDOM OF INFORMATION ACr (FOIA) Director Scc Y Hezz We received this afternoon 5/9/75 , frpm Mrs Sisan-M: Hauser of the Deputy Attorney General's Office, the following data: 1) informal note from Doug Marvin to the Deputy Attorney General re: Senator Hart' s meeting with the Attorney General 5/6/75 ; 2) letter to Senator Hart by the Attorney General dated 5/7/75 advising that Hart' s oral request for access t0 his FBI file will be treated as coming under the FOIA; ana 3) a memoran- dum fron for files dated 5/6/75 that appears to have been dictated by the Attorney General in Which he sets forth pertinent information concerning his Ieeting with Senator Hart. The Attorney General points out that he will treat Hart's oral request as coming under the FOIA although he did not know whether the Senator should in fact make this request in writing (2ctually, the Code of Federal Regulations I of course, points out that FOIA requests must be in writing) According to the Attorney General ' s memorandum , Senator Hart indicated chat he was not trying to make a particular point and did not Ivant to go to court, but rather felt it would be helpful to members of the Senate Select Committee , who wanted to do it, to see what an FBI file was like, and he felt that by 7 seeing his own file it would raise less problems than trying to see someone else 1 S file_ 1 In vie1 of the Attorney General's letter to Senator Hart of 5/7/75 advising him that his oral request will be processed | under the FOIA the FOIA Section Will immediately institute the 4 processing of this request_ However 1 unless advised to the 1 contrary, it is intended that Senator Hart' s request will be put 4 in chronological order and will receive no special treatinent- It shoula also be noted that Senator Hart is under the mistaken 0 belief that as 2 Senator [ and particularly as a menber of the 23 Senate Select Committee , he could receive an FBI file on: 2. third 6 ? 7/6395+ 1 Mr _ McDermott Enc . Ack {tp;t / 1S,:625 1 Mr Mintz Enc _ 2 1 Mr _ Wannall Enc _ Atten: Mr _ Cregar 1 FOIA Section Enc _ '77 JCF 6J} CONTINUED OVER ENCEEOSUR} NW 88296 Docld:32989532 Page 20 2 et oWS koal' LEe: adav ================================================== Page 21 ================================================== J _ C. Farrington to Mr McDermott memo Re: Senator Gary Hart party and be allowea to look at it. This 1 0f course, is not correct and we would advise Senator Hart the same as any other requester making a similar request that we would need authori- zation from the third party involved prior to releasing any data we may have to the Senator Senator Hart is a new. Senator serving his first term He was the campaign manager of Senator McGovern S 1972 Presidential campaign RECOMMENDATION : For information 21 Cu Yv_Ally 4hAz2 6J OL+ 2J 6#zn LaiDzo {LEE6i5 [654144--4 1is % 7; 6 W CsLacbzl Llta Lenilub-~s tLs~ ~LzL ~i- & wuclLIk ILc} ~J ellyyik' 44-: 7"4_ LL NW 88296 Docld: 32989532 Page 21 ================================================== Page 22 ================================================== OPIIONAL NO. 10 5010-106, MaY 1962 EDITION GSA GIN: REg. No. 27 UNITED STATES GOVERNMENT Assoc. Dir. 1 5 Mr . J. B_ Adams Dep: AD Ad Memorandum 2 7 Mr. J_ A. Mintz AeD4 Admin; (1-Mr.P.V.Daly) CompVSyst. Ext. Affairs M. W. R. WANNALLGL DATE: 13, 1975 Files & Com. Gon. Inv. E. W . Walsh Ident. FROM M. Wa Ipj'CREGAR . W. R. Wannall Inspestia 1 W. 0_ Cregar PiboratoEval: SENSTUDY 75 S. F Phillips Spec. ny SUBJEGT : Tkain Legal one Rm. Sec y This informative memorandum to record highlights ofidy information relating to an interview by 'Senate 'Select Committee (SSC) Staff Member of retired SA Alan G_ Sentinella as obtained by Supervisor Seymor Fred Phillips of the Bureau s Senstudy 75 'Special Project. Pursuant to Bureau instructions, Phillips went to Atlanta, Georgia, to fulfill the request of Sentinella for the presence of a Bureau Agent at the time Sentinella was to be interviewed on J 5/12/75 by SSC: Staff Member Lester B_ Seidel. Sentinella is presently Safety Director 9 Georgia State University, Atlanta He has been retired from the FBI for about four years and in the period around 1 1964-66 he did work on the investigation of Martin Luther Jr and for a time_ the case as well as that of King S organization, B the Southern Christian Leader Conference was ass igned to him. I ; 8 Sentinella had been told in advance by Seidel that he was to b2 interviewed concerning and Levison (Stanley David Levison} E former consultant to who was under Bureau investigation_because 3 8 of his communist background) Phillips was in Sentinella S private office at 12:24 P.m. when Seidel arrived. Sentinella explained to Seidelithat after Sentinella had agreed in a telephone conversation with Seidel 5/9/75 to being interviewed, he (Sentinella) contacted the Atlanta FBI Office because Sentinella was concerned with the sensitivity of the information he knew about King and Levison and wanted to protect the confidentiality of his information' and the Bureau especially as pertaining to current invgetigatiens uoptiete Sentinella explained to Seidel that the FBI offeredto have an Agent present_ not to monitor the interview, but for consultintion7 Pynposes should the interview reach into sensitive areas. seStinelia thus accounted to Seidel for Phillips presence. At this_point; Phillips reiterated the reasons given by Sentinella for the presence of an FBI Agent and Seidel was told that Phillips presence was defihitely 62-116395 SFP:ekw (9) & Nu) CONTINUED OVER 1 5 67-432832 (Personnel File Former SA Alan G Sentinella) 8weVY 3821d97589532 Page 22 {ORM | May Inteal tucah { King, King ship King King Elyt etc - ================================================== Page 23 ================================================== Memorandum to M. W. R. Wannall RE : SENSTUDY 75 62-116395 not intended to have any chilling effect on Seidel S interview and that Phillips was there only upon Sentinella ' s request and for the purposes indicated_ Phillips then retired to an adjoining room. Sentinella consulted with Phillips on only one occasion At about 1:45 P.m. he came to Phillips adjoining office and said that Seidel' s current questioning was concerning the make-up of the squad Sentinella was assigned to around 1965 _ This squad handled security, racial, and civil rights matters and Seidel was apparently seeking information as to the parameters of these types of investigations and what entailed_ At this point Phillips joined Seidel and Sentinella and offered the following in possible assistance to Seidel Phillips explained that the Various Sections of the Bureau Manuals deal with these types of investigations had been made available to the SSC and insofar as the security Sections were concerned, there was presently being processed at the Bureau superseded Sections dating back to 1960 to be made available to the SSC _ At this Seidel stated he was not SO much interested in what the Manuals said but actually wanted Sentinella, to the best of his recollection, to furnish names of individuals and organizations under investigation in Atlanta during the pertinent period_ Sentinella refused to name any , stating that he had no idea as to what might be under current investigation or how his furnishing of information now might affect current Bureau 1 S interests_ Sentinella adso told Seidel that Sentinella, was not sO naive as to believe that his information might not appear in the press _ Seidel immediately said that he would furnish n information to the press _ Sentinella then said that he was not intimating that Seidel would be responsible, but that the information might still be publicized and that once Sentinella gave the information it fell completely out of his control_ Seidel indicated that Sentinella might be required through subpoena to testify before the SSC and be asked the same question_ Sentinella responded that his answer before the Comittee would be the same Philiips indicated to Sentinella that if he desired to consult with Phillips concerning the names of any investigations Sentinella recalled, Phillips would assist him by indicating, if he knew 9 whether were of current FBI interest. Sentinella desired no such and insisted to Seidel that he did not desire to name the subjects 0f prior investigations _ This inter- lude in the formal interview lasted about 10 minutes after which Phillips returned the adjoining room. 2 NW 88296 Docld:32989532 23 they ing point he, they help to Page ================================================== Page 24 ================================================== Memorandum to Mr. W. RS Wannall RE: SENSTUDY 75 62-116395 At 2:20 P.m the interview ended and Phillips was taken by Sentinella back into the latter S office where Seidel said he was leaving and wanted to say good-bye _ Phillips alluded to the interview having been completed to which Seidel responded, and these are to the best of Phillips recollection, Seidel' s exact words, you ' 're not letting him give uS the information_ 1 Immediately Upon hearing this statement from Seidel, Phillips interjected a strong protest by stating to Seidel that neither Phillips nor the FBI was keeping Sentinella from giving any information; that the FBI has not injected itself in Sentinella' s decision to give or not information_ Seidel responded with a statement to the effect that the result is the same Sentinella is not giving the information_ Phillips again responded by telling Seidel that irrespective of the latter S opinion, Phillips wanted the record crystal clear that Sentinella has not been counseled by Phillips or anyone else in the FBI as to what he should or should not tell Seidel_ Sentinella interrupted to express his loyalty to the Bureau as well as his respect for the confidentiality of his relationship with the Bureau and its work _ He told Seidel that he did not intend to be a talkative, discontented former FBI employee as apparently are some of the sources being consulted by the SSC , Sentinella pointed out that he hinself had been the subject of disciplinary action by the Bureau but that it had made hin a better Agent and that it in no way would influence his loyalty and responsibility to the Bureau _ Seidel then left. After Seidel S departure, Sentinella stated it was his personal desire to dictate a lengthy question and answer type statement of the entire interview while it was fresh in his mind as he had not taken any notes _ He Said he preferred to handle this with his own secretary whom he trusts implicitly and has pledged to maintain this information confidential: Sentinella advised that he would have the typing of the statement completed the following and would immediately make a copY available to Atlanta SAC DeBruler for transmittal to Bureau Headquarters_ At Sentinella S invitation, Phillips sat in on the dictation of prectically the entire statement as a means for Sentinella briefing Phillips on the details of the interview. Instant memorandum is not intended 3 7 NW 88296 Docld:32989532 Page 24 good "Yes , give good day ================================================== Page 25 ================================================== Memorandum to Mr. W. Ra Wannall RE: SENSTUDY 75 62-116395 to summarize these details which will be forthcoming with Sentinella 1 S statement to be mailed to the Bureau_ However 9 one significant question asked of Sentinella should be noted_ During a discussion of electronic surveillances in the investigation, Seidel asked how other Agents felt about "illegal use of taps _ Ii Sentinella S response was that the taps were not illegal and were on only after approval by the Attorney General_ OBSERVATIONS: It is Phillips' view that Sentinalla represents a high caliber former Agent who is completely loyal to the Bureau and will apparently g0 to any extreme to maintain the' confidentiality of the work he did He certainly could be described as a reluctant witness if he is ever called to testify He expressed personal concern that he might be called but hoped that his uncooperativeness in some areas to Seidel' s questions might discourage his being called_ Two incidents related above are very suggestive of a" lack of objectivity on the part of Seidel. The first concerns his comment to Phillips about the FBI not letting 'Sentinella him "good information_ M1 To begin with, this was an unjustified allega= 4 <ion7 and Seidel was set straight imediately after his remark Secondly , the mere fact that Seidel is referring to "good" infor- mation suggests itself that certain information fits their desires and others does not. There appears to be a lack of regard for merely securing the facts regardless of what those facts might indicate_ The second indicator of lack of objectivity was Seidel' s inquiry about "illegal use of taps _ Mi This question fits the classic question of 9 "When did you beating your wife?" If the Comittee is going to be asking questions like this one, its objectivity is certainly subject to challenge. As ex- or current employees volunteer to uS results of interviews conducted of them by the SSC, we will carefully Istudy them for 9 among other things= 9 additional evidence of the nature discussed above _ If there is a continuation of this line of questioning or other unjustified comments to Bureau representatives, we will consider taking up with the Attorney General the matter of possible protest to the SSC . 4 - NW 88296 Docld:32989532 Page 25 King put give stop ================================================== Page 26 ================================================== Memorandum to Mr . W. R. Wannall RE: SENSTUDY 75 62-116395 RECOMENDATION: This memorandum is for the immediate infornation of Bureau officials_ When the detailed statement of Sentinella is received, we will prepare an IH for the Attorney General with a "copy for possible forwarding to Mr James Wilderotter , Associate Counsel to the President_ This is the procedure we have been following when former Agents have volunteered to uS the results of interviews of them by the SSC . fL Fen 5 7 NWV 88296 Docld:32989532 Page 26 lusd ================================================== Page 27 ================================================== [@tiovti fon# No: 70 5010-106 MAYt 962 Editiot 6S4 GEN. REG. NO. 27 UNITED STATES GOVERNMENT Assoc. Dir. AD Adm. Memorandum 2s: Do iax = Admin: Syst; TO Mr . J. B. Adans DATE: April 23 , 1975 Ext. Affairs F 'iles & Com. Gen. Inv. Ident. FROM W . R. Vannallod ALL Jnspection Antell IS CONTAINED uRulg Laboratory INCLASSITIED Plan. & Eval: SUBJECT: 'SENSTUDY 75 E-Liel Aenba Spec. Inv. FORMER" SUPERVISOR LISH WHITSON Training Legal Courke ASSIGNED INTELLIGENCE DIVISION Telephone Rm. Director Sec'y By memorandum captioned as above submitted earlier today, Fbt 4 I advised you of a telephone call received 4/22/75 from former Special Agent Whitson. He had called to advise that he had been requested to appear for interview by Michael Epstein, staff member of the Senate Select Committee At 2:50 p.m. today (4/23/75) Mr Whitson called at my office and said that he bad just been interviewed by Mr Epstein and was 4 desirous of reporting the results_ $ Epstein first asked Whitson when he entered the Bureau, when he first arrived for assignment at Headquarters , to what Headquarters 3 Division he had been assigned, and when he retired_ Epstein then said that he knew that Whitson had at one time mailed a package to Mrs: Martin Luther King from Tampa 0 Florida } and asked Whitson to relate the details concerning this matter Whitson thereupon told him that in the late Summer of 1964 former Assistant to the Director William C. Sullivan had telephoned Whitson at his home one Saturday and told him that former Director Hoover wanted Whitson to deliver a package to Miami , Florida } by plane and on arrival at the Miami Airport to telephone Sullivan for further instructions Whitson did as directed and upon calling Sullivan was instructed to address the package to Mr Martin Luther King_ Accordingly , Whitson had the package weighed } put stamps on it, and addressed it to Martin Luther 3 Ying (not Mrs Martin Luther King as Epstein had indicated) The following day Sunday Mhitson flew back to Washington. The next 67 Monday , he informed Sullivan that his instructions had been carried out and Sullivan commented "Someday I will tell you fabout Epstein asked him who had paid Eoc;-Ibe stamps mafl {TavS package and Whitson said that he had probably done So utilizing per diem money_ Epstein asked whether he had a return address on the package and Whitson replied in the negative, Epstein_asked if Whi tson had gone to the Miami Office, whether any Agent had met him at the 1 YRW:lnl KG)ns {8 MAY 27 1975 Mr Mintz : Mr Cregar CONTINIED 2816772 Tn Mr Wanna11 1 Personnel File of SA Lish Whitson (Out of Service) 8 4 MAY 2 7 1975 5' NI88296 Docld: 32989532 Page2Z Dep. Compa #hoele INFORMATION HEREIN DATE BY Sea VrA day , teti C put ~ee ================================================== Page 28 ================================================== Memorandum to Mr Adams Re : SENSTUDY 75 FORMER SUPERVISOR LISH WHITSON ASSIGNED INTELLIGENCE DIVISION Miami Airport, or whether Whitson had discussed this with anyone. Whitson advised Epstein that he had not gone to the Miami Office, that no Agent had met him, and that he had discussed the matter only with Sullivan. At this point, Whitson asked Epstein how he got the story. Epstein merely laughed and did not reply to the question, The foregoing represents the information furnished to Epstein by Whitson. Whitson made the following additional comments and observations When Sullivan told Whitson he wanted him to fly the package to Miami , he stated that only he Sullivan, Mr Hoover , Mr Tolson, and Mr Belmont knew of this situation Sullivan never did explain to Whitson anything more regarding this incident Sullivan did during Whitson anniversary celebration in 1968 in Sullivan's office refer to Whitson as "a real pro who knows how to carry out an assignment , "1 and further commented that someday he would tell Lish about the assignment to which he had referred in his remarks Whitson said that whan he arrived at the North Terminal of National Airport, following Sullivan's telephonic instructions 9 2 young man who was unknown to Whitson but who addressed him as "Mr Whitson #f turned a package over to him which was wrapped in brown paper and sealed with sealing tape _ It is Whitson S recollection the package measured approximately 8 inches by 8 inches by 1 inch_ It is Whitson's recollection that at the time the foregoing occurred Martin Luther King was either just about to g0 abroad to receive the Nobel Peace Prize or probably had already gone abroad _ It was Whitson's further recollection that sometime Shortly after the mailing of the package Sullivan commented to Whitson that the package had not yet been received by Martin Luther King_ Because of this remark, Whitson is of the belief that the package was mailed to Martin Luther King at the headquarters of the Southern Christian Leadership Conference and not to Mr King at the latter S home Further it was Whitson's recollection that it was not long after he had maiied the package that Martin Luther King had 2 personal meeting with former Director Hoover in Mr Hoover 's office. Whitson stated that during the interview Epstein asked Whitson if he had ever written a memorandum regarding this matter to which Whitson replied in the negative He was also asked by Epstein if he had ever seen 2 memorandum on this and Whitson again replied in the negative. Whitson observed that in his opinion the information which was in the possession of Epstein prior to his interview with 2 M CONTINUED 0r OVER NW 88296 Docld:32989532 28 's Page ================================================== Page 29 ================================================== Memorandum to Mr _ Adans Re : SENSTUDY 75 FORMER SUPERVISOR LISH WHITSON ASSIGNED INTELLIGENCE DIVISION Whitson must have originated with T _ C. Sullivan Whitson noted that Mr _ Hoover and Mr Tolson are both deceased and that he has heard nothing indicating Mr_ Belmont has been contacted by members of the staff of the Senate Select Committee_ One other factor that causes him to feel that Sullivan was the source of the information was a question Epstein raised as to whether Whitson had put a return address on the package when he addressed it to Martin Luther King Yhitson said he recalls that when he was in Miami and received the telephonic instructions from Sullivan, Sullivan told him that he should put a return address on the package and Whitson pointed out that if he did S and the name of the addressee became smeared the package would end up at someone S return address rather than in the dead letter office Sullivan concurred that no return address should be used - Thus, Sullivan would probably have reason to have commented regarding the use or nonuse of a return address _ Whitson stated that in the event he is called again to be interviewed by anyone connected with the Senate Select Committee, he intended to notify the Bureau beforehand and would appreciate it if the Bureau would consider having someone present during the interview, if this could be arranged J since he recognizes an obligation not to reveal FBI information contrary to regulations issued by the Attorney General_ Appreciation was expressed to Mr _ Whitson for his volun- teering the foregoing information. This is the first instance which has come to our attention indicating staff members of the Senate Select Committee are proceeding with interviews of former Agents_ I have discussed this matter with Mr Mintz and he and I feel it would be_appropriate to furnish an abstract of the interview of Whitson by Epstein to the Ad Hoc Coordinating Group of the Intelligence Community in order that interested agencies will be avare of the procedures presently being followed by the Select Committee and of the Committee s interest in matters other than jurisdictional bases _ All Committee requests to us have thus far been confined to the latter. ACTION : If approved 3 an astract will be provided for the records of the Ad Hoc Coordinating Group. Su1nst Hhe abstrac{ be PardPhrased +o araid disclusure 6+ +he id2 'ntity o6 the addre? +he envclvpa _ 3 - Qwn NW 88296 Docld:32989532 Page 29 Feaeak Wfu} 'anet Cocere$_ (WnOeroti W& FhM Wm Dept. ================================================== Page 30 ================================================== 1 F Mr. J, Ba Adams Goe TLEIPe Wrdxt 2_- Mr . E. W. Walsh (1 Gn Movement) T &C Nbrnrr 0y 16, 1975 2 T Mr. J, A. Mintz Ped4 DIRBC,LOR PBI (62-116395) (1 5 Mr. J. B, Hotis) EwdY 75 1 7 Mr. W. Ra Wannall Zev 9 1 T Mr. W. Q Cregar REAVIEL mY 2, 1975. 1 S Mr. S. F. Phillips OCrEtNntrb Mry R0J MASA Nd &. Nd MIbrrEJbreKI OP YouR OETICR HAVB braw REOnBaSED 10 apPrar_POR DICATIENO Ulder_ Q4H 5Y T #TB GBLECT COL4IITCB (88C) Ar 2 P.4., Turbday , Max 20, RrerT 30 , 1975. ov ARB To ADVISB BOIH I M MAIVING TIR 77 Li ?~ #hbtoyhlt NORKREXTB QY 30 TE EXTEnT_ OF PotHTtNG THEIR % DIOCOHuEB 6P INYORMIATIC4_RBLNTIR 10 DUIILS PERTOrED BY 1041 & 8 JLY ~a B2PEHIBR, 1964, 0 CC NBCITCM MIT PBI FoRK_ NT DmoL 3 CRARIC WAUuAL Col}vEIATou; MLARTIC CITY , Ew_JBRaY , @TOXEIS 43 10 Rerort 30 J, 2. BOTIE OR P, Ya Da 07 LoAl Coubel' 8 OITICB, Booh]_4513, JOBTICR BVILDD @, 913+p84 41 4d. Njd #oom MaY]+20, FoR CCRSULTATIOA BRIOR 10 2 P.M: NpbnaraycbB . TY #v PLA# to RBTUE& 30 EEMaBk SNE Day . Tar EEPRESEEIATIVE MLL BE For_CONBVLIATION AvaziEe joo Lj 116 Jit; VICNS Bt WILL Not Be' Prreeat Dond# INVTERVICEB: _ Dir . V 67-538691 (Personnel file Mary Ann Massa) (6 MAY 23 Dep: AD Adm. 1 67-_581180 (Personnel file M. Ann Mierzejewski) Dep. AD Inv. Asst, Dir.: Admin. SFP:PVA: eek Syst. Ie (12) SEE NOTE PAGE 2 Ext. Affairs Files & Com FEDERAL BuA6.0S INVESTIGATION Gen. Inv. coMMuniCationS SECTION Ident. Ins pection Intell. MAYA 6 1975 Laboratory Plan. & Eval Spec. Inv. TELETYPE in Qu Legal Coun. Telephone Rm. 7Mg5RoOM TELETYPE UNIT MPo) '5i-J45 R8JwAy 2adgi589o32 Page 30 2yi 5 1 1 1 8 E 2 L 8 @ 1 Jau 7 $ 1975 Assoc. Comp. ul GN Tra ing ================================================== Page 31 ================================================== BAGE TWO 62-116395 Issuw GTR'& FOR] TRANSPORTATION AND TRAVEL VOUCHERS FOR EXPENSES . DIRECT anY QUESTIONS REGARDING THIS MATTER TO LEGi COUNSEL'S OFFICE NQIE: Referenced teletype advised all offices Of procedures to Eollowt if present or former employees contacted by SSC for interview_ Thesc two Secretarieg Tere On 3 Special Squad at Atlantic Citty; Nev Jersey, in connaction with the Convention in 1964_ The SSC Staff knowm to have already intervielved tWO former Agents assigned to that Bquad. Ingtructions herein pursuant to Mr. Mintz' s direction. F A. 0. Schrartz, Chief Counsel to the Senate Select Committee advised that the Committee would reimburse the employees' expenges incurred for transportationt etc. 2 relating to their testimony for the Commisgion. This matter has been coordinated with L. Clyde Groover, Of the Administrative Division: Fvd : NW 88296 Docld:32989532 Page 31 40 ================================================== Page 32 ================================================== OPTIONAL FORM No_ 10 5010-106 MAY 1962 Edition GSA GEN; Reg. No. 27 UNITED STATES GOVERNMENT Assoc. Dir. AD Adm. Dep: AD Inv. Memorandum Asst. Dira: Admin. Comp: Syst: Exta Affairs Mr . J. B. Adams DATE: 5/9/75 Files & Com; Gen. Inv. Ident. fion FROM Legal Counsel 0 AAl Plan. & Eval: Inv . SUBJECT SENSTUDY 75 Training Legal Coun? Telaphong Rm Director Sec' At approximately 2:35 PM, Mr. Allen G Sentinella ~ telephonically advised that he retired from the Atlanta Office in 1971, and is currently employed at Georgia State University_ Atlanta, Georgia. Sentinella said he had just been contacted by an individual who identified himself as Lester Seidel of the Senate Select Committee_ Seidel desires to interview Sentinella on Monday, 12th, concerning the Martin Luther and Levinson cases. Sentinella stated that while assigned to the Atlanta Office he handled the dissemination of information received from informants during our investigation concerning the communist infiltration of the SCLC . Sentinella said he recalled very little concerning this 4 investigation and gave his assurances that he would not divulge any confidential information. 2 Sentinella asked whether or not he should retain private L counsel and he was informed if he felt it necessary, he should do SO_ He was further informed that his interview was entirely voluntarily L 1 4 and he had no obligation to submit to interview. Mr. Sentinella gave his office telephone number as Area Code 404-658-2167, 2168 or 1 and ~his home phone number as Area Sodg*o4-E-632 1 8 RECOMMENDA TION: For information.(6 MAY 27 1975 1 5 Mr. Adams t 1 I Mr . Wannall Mr. Creager 1 Mr. Mintz 1 Mr. Hotis RFO:mtm l (6))5 Au 3i IMu 8 4 MAY 2 7 1975 lv 0 NWV 88296 Docld:32989532*'Page 82 Dep. ' Ielarr Spec. May King 4 REC-100 to Le Gveelok @Rcle 442 SnSetntorwv 6n r K pteeac Bu& ~l LnUnerts 312ue+ s E @nqsluzibn Nstex -2 Sewi, ~-bvb 46_ 75 ================================================== Page 33 ================================================== OPTI 52i TORm #_ To 5010-106 MAY 1962 EDITioN GSA GEN: Reg. NO. 27 UNITED STATES GOVERNMENT 1 7 Mr. J _ B . Adams Assoc. Dir Dep-APiade; 1 Mr . T. Ja Jenkins Dap. ADein Memorandum 1 Each Assistant Director Asst Dj4: Admin E Syst. Ext. Affoirs TO Mr _ W _ R. Wannall DATE: 5/19/75 Files & Com. Gen. Inv. Ident. St Mr _ W_ 0_ Cregar FROM W_ 0 Jl ezcic Laboratory Plan. & Eval ALL INPORMATION CONTAINED Inv. SUBJECT SENSTUDY 75 EREII IS UNCLASSITTED Training MR [iHCLASS Sannkie TegophGoe Rm; Director Sec'y Attached is a copy 0f a_ letter to the Attorney General dated 5/14/75, from Senator Frank church_ Chairman , U_ S _ Senate Select Committee (SSC) with appendices A thru D Appendix A, entitled k"ocuments_Pertaining_to the II Committee-s_Brior Requests consists of 10 requests most of which have been already responded to or , in the instances of requests numbers 4 , 7 , 8 and 9 , are the responsibility 0f the Department f Justice Item 6 has been previously referred to the White House Appendices B , C, and D, contain numerous II It new requests_ which are extremely broad in their definition _ 1 often ambiguous in meaning and contain many instances where seem to be parallel to and overlap previous requests _ On 5/16/75 , a conference was held in the Intelligence Division between representatives Of the INTD SENSTUDY Staff and Departmental representatives Messrs _ Robert McDermott ana K William 0' Connor Mr McDermott is on the staff 0f the Deputy Attorney General and has been active in coordinating SSC matters_ He is being replaced in this capacity on 5/19/15"" by Mr _ 0' Connor , Deputy Assistant Attorney General in the Civil Rights Division_ Mr 0' Connor advised that the Deputy Attorney General Judge Tyler and White House representative James Wilderotter were both greatly concerned about the requests_ contained in the May , 14, letter_ TREMIjelt "Vaule gyc8-lY were much too broad and placed much too;great 8 Department and the FBI to be forthcoming- Mr 0' Connor" feltaau that the requests clearly indicated an intention to access to FBI I raw files" while not actually j8fatbik8E11833 this point. In this regard you will note that Page 3 of the May - 14, letter defines the SSC request for I memoranda and other materials" as meaning all documents relating to the subject matter requested and are to include (but are not limited 62-116395 EWL : cmc (17) CONTINUED OVER 8 4 MAY 2 7 NW 88296 Docld: 32989532 Page 33 Comp. dega} #norib Spec. they gain 1975 ================================================== Page 34 ================================================== 4; Memorandum to Mr . W _ R_ Wannall Re: SENSTUDY " 75 62-116395 to) reports_ letters 7 correspondence , airtels , LHMs inserts , executive conference memoranda_ 302s Assistant Director memos , II notes routing slips _ etc _ This letter also on Page 3 1 recognizes that the request is substantial but urges the executive agencies to apply sufficient manpower and attention io enable prompt responses _ Prompt response is defined the Committee as having most of the material available within 10 Idays and all of it shortly thereafter_ Mr 0' Connor advised that he was aware that the imposition of such a condition upon the responses created an impossible task. He advised that on Monday , 5/19/75 , he would contact SSC Chief Counsel F A 0 Schwarz calling attention to this time factor and also the often broad and ambiguous manner of many 0f the requests appended to the May , 14 letter_ Mr 0 ! Connor hopes to negotiate these requests as well as the conditions attached to the responses by the SSC to the end that the requests are more narrowly defined and that the deadline imposed by the Committee be relaxed to a more realistic time frame Pending receipt of results of Mr _ 0' Connor' s inter- cession with SSC we are proceeding with an analysis of the SSC ' s requests and attempting to separate components for specific assignments to appropriate divisions within FBIHQ SO that our responses may be forthcoming in as coordinated and timely a fashion as possible_ ACTION: None _ For information purposes _ 2 82 Qen NW 88296 Docld:32989532 Page 34 2,0 by wel) ^ ================================================== Page 35 ================================================== JOHN G. Towcr; TcXAS, Vice CHAIRMAN PXILIP A. IACT; Micr MOWARD H; DaXER, Ja TENN: WaLTc? F; Mondale; Minn: daRAY GolowaTER, WALTER D. HUdsLESTON; KY:. CHaRLES MCC. MATY Rm MD: RZOERT: NAg AN, N.c: RichaRD s. scHwEIK GAry KART , CoLO: @lrrite) States ~Senete William G, Millea, STAFF DirecTor FREDERICK 4: 0. SchwaRZ, Ja:, CHIeK COUNsEL Curtib R: skothers, Minority COUNSEL SELECT COMMITTEE To STUDy GOVERNMENTAL OPERATIONS With RESPECT To INTELLIGENCE ACTIVITIES (CURSUANT to 6. RE8. 21, HTh Congress) WASHINGTON, D.C: 20510 May 14, 1975 6 2 Tbe Honoreble Edward F. Levi The Attorney General OM: 7 3 Washington, D C 20530 ? Dear Nr _ Attorney General: The purpose of this,letter is to review.with you the status of the Select Comittee S outstanding requests to your Department and to set out several new areas in which the Committee is request_ eitiler staff access to documents or copies of docuents for its Owmn files _ In the Iatter of the outstanding requests the chronologv is as follows : You will recall that I wrote to you on March 19, setting out five areas pertaining to the FBI in which the Committee was initially interested. Although we have had partial comoliance witn the request , tinat process is not yet complete_ In addition, on April Mr _ Schvarz, Chief Counsel of the Committee, met with the Deputy Attorney General about the March 19 letter and about the establishment of liaison between your Department and the 'Comittee On April 23; Mr Schwarz wrote to the Deputy Attorney General 8 letter reflecting that meeting, clarifying the March 19 request on the matter of intelligence techniques 9 and meking a further request pertaining to the Internal Security Division_ Mr _ Schwarz also wrote the Deputy Attorney Ceneral and the FBI Director a remorandum on April 30 requesting that Committee staff members be permitted access to certain docuents falling within the. scope of the March 19 request _ On April 28_ 3 I wrote to you concerning the so called "Official &nd Confidential files of the FBI. 2-/163642 ll2 NW 88296 _Docld: 32989532 Page 35 1 #mDR) CQWIAIHD 1 Lac J AttoEI XPz en AELBZIEQ 5z828 0 3 ing 21 , IENSLOS;" ================================================== Page 36 ================================================== ~2 - The Comittee has not received a formal response to those letters . Appendix A sets out those docunents which have not been supplied to the Committee pursuant the March 19 letter and follow-up, correspondence . On tne second matter, that iS , the request for copies of addi- tional documents and for staff access to others) , the Committee' s interest falls into roughly three areas pertaining to the activities of the FBI and the Department of Justice: First_ the Committee has been made aware of additional documents that are analogous to the background requests made in the First Docuent Request _ These docuents are set out a5 Appendix B_ Second, the Committee i8 concerned about several programs or studies perteaining to specific intelligence or counter- intelligence activities Of the FBI _ S Res _ 21 specifically requires the Committee to investigate conduct of domestic 11 counterintelligence operations against United States citizens by the FBI_ Therefore 9 the Committee must conduct an exhaustive investigation of the so-called "COINTELPRO" programs as well as miscellaneous other incidents which have come to our attention _ S Res 21,also specifically requires tne Committee to investi- Ti gate 2l1 aspects 0f the so-callea "Huston Plan Further requests pertaining to these matters are set out as Appendix C , Third, we are interested in allegations pertaining to electronic surveillance generally_ 3 "electronic surveillance of the so-called "17 government officials and journalists" in 1969-71 by the FBI 3 electronic surveillance and other intelli- gence activities directed at Dr Martin Luther King, Jr 9 ana electronic surveillance ana otner intelligence activities at the Democratic Mational Convention in Atlantic New Jersey , in the sumer of 1964 Requests pertaining to these subjects are set out as Appendix D_ In setting out certain specific docuents in the Appendices , the Committee does not change its Position that the original request of March 19 was general in scope and designed to encourage the Justice Department and the FBI to provide uS with docuents pertain- ing to the legel &uthority and the policy and procedures of the FBI which have not been brought to the cttention of the Committee ana were therefore not specifically mentioned in any of its requests _ Furthermore 9 the Committee intends its requests to be generously construed SO that descriptive words used herein are meant in a general NW 88296 Docld:32989532 36 yet yet to "the City? yet Page ================================================== Page 37 ================================================== -3- usage sense *&nd not necessarily in the technical ser;e 12 Justice Departnent or the FBI Tniis , words s3*} 5 other materials" refer to 2l1 documents relcv: matter requested and are to irclude {but { ~ _ letters 3 correspondence , airtels, LHvs 5 incerts; , excctti;- cji. 2L 1I II memorenda , 302s 9. Assistant Director memos ) notes , routing slips _ 2 etc. Where the response to a particular request would involve the production of" derogetory personal information about an individual, please provide the docuent with such information deleted and consult' the Chief Counsel' regarding procedures for access to the deleted information which will protect individual privacy to the degree consistent with the Committee need to exercise its mandate We recognize, of course, that this is a substantial request _ But the mandete given to the Conmittee by the Senate is itself very broad _ We are seeking to perform our duties under that mandate expeditiously _ For uS to do S0 , it_ is necessary for the Executive Agencies to apply sufficient manpower and ettention to our requests to eneble prompt responses _ We hope that you will have 8 _ schedule for response pronptly , have most of the material available within '10 9. and all of it shortly thereafter The Committee also asks to be advised at once whether the specific documents presently outstanding from the March 19 request see Appendix 4, items 1, 2, 6 and 7) will be provided_ Sincerely yours Tmalrh Frank Church Cbairman NIW 88296 Docld:32989532 Page 37 'S deys ================================================== Page 38 ================================================== Appendix A DOCUMENTS PERTAINING TO THE COMMITTEE S PRIOR RECUESF3 ALLEEMHQEIATOICONZATNED EzidEzenlzs Please provide: 1 FBI Intelligence Division memorandum dated July 31, 1972 ; prepared by T J Smith discussing the legal authority for FBI intelligence activities_ 2 The following attachments to the February 1975 FBI Intelligence Division position paper on legal authority: a Memorandum by former FBI Director Hoover , dated. April 28 3 1965, relative to conversation with the President concerning effect of anti-Vietnam demonstrations upon the conduct of United States foreign and defense policy and letter to McGeorge Bundy > Special Assistant to the President for National Security Affairs_ 2 dated April 28 1965, enclosing FBI memorandum titled "Communist Activi- ties Relative to United States Policy of Vietnam" dated April 28 , 1965_ b Letter to McGeorge Bundy 2 Special Assistant to the President for National Security Affairs 3 dated ' July-25, :1961, enclosing memorandum concerning United States internal security programs under the control of the Interdepartmental Intelligence Com- mittee , memorandum prepared in response to White House request Excerpt from report. on the Status of the Internai Security Program of the United States as of June 30, 1958 > dated August 27 1958 2 prepared jointly by the interdepartmental fntelligence Committee and the Interdepartmental. Committee on Internal' Security- d_ Excerpt from report on the Internal Security Pro- gram , dated March 5, 1954, prepared by Interde- partmental, Intelligence Corference and the Inter_ departmental 'Committee on Internal Security. VENsue" : 62-(/639s-14x NW 88296 Docld: 32989532 Page 38 _ #mdrib ================================================== Page 39 ================================================== 2 Memorandum from J _ Patrick Coyne 2 Nationai Secu- rity Council Representative on Internal Security, dated November 6 , 1950, concerning necessary intel- ligence measures relative to violence by Puerto Rican nationalists 3 _ All other FBI documents relating to paragraph I of the Committee' s March 19 request (Note: It is the responsibility of the Bureau to .produce al1 responsive material whether or not the Committee has identified .a specific document 4 4l1 documents in the possession of the Justice Depart- ment (as opposed to the FBI) relating to paragraph I of the Committee' s March 19 request (Note: It Iias made clear on April 21 and 23 that the request applied to the Department itself, but no material has been re- ceived to date_ ) 5. Al1 memoranda of the FBI and the Justice Department discussing the legal authority of the FBI to use the following techniques to (1) investigate internal secu- rity matters , (2) collect intelligence information, and (3) engage in counterintelligence activities (see letter fron the Chief Counsel to the Deputy Attorney General dated April 23, 1975) : a A11 forms of electronic surveillance, including consensual electronic surveillance; b _ 411 forms of mail surveillance, ineluding mail covers and opening mail; C Surreptitious entry;- d 'A11 forms of physical surveillance, including agent infiltration, observation, photography , and remote viewing and sensing devices; Informants , including possible entrapment 2 provo- cation, interference with lawyer-client relation- ship, or other problems; f Obtaining bank, credit , or other personal informa- tion; NW 88296 Docld: 32989532 Page 39 ================================================== Page 40 ================================================== 3 g - Incommunicado interrogation; h: Maintenance of files and records; 1S Dissemination of information from files and records; So-called "COINTELPRO" techniques and methods 9 in- 11 cluding all forms of organizatioral "disrntion 6 _ The Speciel Report of the Interagency Committee on Intelligence (Ad Hoc) , dated June 1970 _ 7 _ The original report on COINTELPRO activities prepared by the Committee headed Assistant Attorney General Henry Petersen 8 _ Committee staff access to all memoranda and other mate- rials pertaining to the policies and procedures of the Internal Security Division (now Internal Security Sec_ tion) and the Intelligence Evaluation Committee , includ- ing, but not limited the following materials dis- cussed in the letter from the Chief Counsel to the Deputy Attorney General dated April 23, 1975: a' "The files of the Intelligence Evaluation Com- mittee ('IEC ':) , including former Assistant Attorney General Mardian' s IEC files 2 which we understand were made available to the Senate Subcommittee on Constitutional Rights _ We would also like to see any IEC or ICIS files of Justice (now Judge) Morrell Sharpe , Deputy Assistant Attorney General John Doherty_ 3 Mr Bernard Wells , and Assistant Attorney General William Olson. b "The small box of classified document receipts which we understand is in the IEC file cabinet _ c intelligence estimates prepared by the IEC , particularly E 28 . 4 Ii Any requests for Interdivision Information Unit ('IDIU' ) computer printouts made by the Special Litigation Section, the IEC , or the Analysis and Evaluation Section_ NW 88296_Qocld: 32989532 Page 40 by to, "Any ================================================== Page 41 ================================================== 0 Y e T1 An organization 'chart of" the Internal Security Divis_on before its 1970 reorganization after its 1970 reorganization, and after its '1973 merger with the Criminal Division_ f "A copy of the analysis of grand juries convened and prosecutions commenced by the Special Litiga - tion Section which we understand Jas furnished to the Senate Subcommittee cn Ccra:imition < 3000 on 8 , 1974 . M 9 Response to the letter from the Chairman to the Attorney General dated April 28 , 1975, regarding the so-called "Official and Confidential" files _ 10 _ Further response to the memorandum from the Chief Counsei to the Deputy Attorney Ceneral and the' FBI Director dated April 1975, regarding Committee staff access to paterzois on FBI policies and proce- dures . NW 88296_DocId: 32989532_Paqe 41_ May ================================================== Page 42 ================================================== Appendix B FURTHER DOCUMENTS PERTAINING TO THE FBI AND DEPARTMENT OF JUSTICE 16 # I_ Policies and_Procedures Please provide: 1_ Committee staff access to al1 indices and control files pertaining to: a _ A11 SAC memoranda and SAC letters for 1960 to the present _ b . Ali programs operated by the Intelligence Division for 1960 to the present_ 2 _ Committee staff access to all so-called "0" files or other general policy files" with respect to each file classification routinely used by the Intelligence Divi- sion for the period 1960 to the present 3. 'Al1 general policy memoranda and other materials not already provided the Committee pertaining to internal security, intelligence collection, and/or counter- intelligence matters , operations 9 and actiVities for the period 1960 to the present _ 4 For each of the techniques described in Item 5 of Appendix A above , all memoranda and other materials relating to: a The original decision to utilize the technique in internal security , intelligence. collection, and/or counterintelligence matters , operations 2 or activities b; The policies and procedures of the FBI for the utilization of the technique in internal security, intelligence collection, and/or counterintelligence matters, operations , or activities '5 NW 88296 Docid: 32989532 Page 42 l1 -6 31s-142 mor 'CONTAIED DVOZRiLTOH' ALnkie {Ea SEZEEETZ ALLNEL = N8t ================================================== Page 43 ================================================== 2 - 5 _ Committee staff access to annual inspection reports and related surveys for the past ten years with respect to the following FBI field offices: New: York Chicago; San Francisco; Los Angeles ; San Diego; Sacramento; Springfield, Illinois; Buffalo; Atlanta; and Columbia, South Carolina 6 The annual inspection reports and related surveys for the past ten years pertaining to the FBI Intelligence Division. 7 S Guidelines used by the FBI Inspection Division for inspecting field offices and for inspecting divisions of the FBI_ 8 _ A sample of the confidentiality statement which FBI personnel are required to sign' along with any other employment agreements currently in use_ II_ Organization structure, and Jurisdiction Please provide: 9 All memoranda and other materials pertaining to the origins contents , and implementation of National Secu- rity Action Memorandum 161, June 9 , 1962. 10_ The June 1964 memorandum from Attorney General Robert Kennedy to President Johnson recommending new FBI pro- cedures for gathering intelligence about the Ku Klux Klan and related activities 11- 4l1 memoranda and other materials pertaining to the origins 2 contents , and implementation 0f the memorandum 0 described in Item 10 above 12 . All memoranda prepared by former Special Agent James Gale relating to the FBI internal' assignment of. juris- diction or responsibility with respect to matters involving the Ku Klux Klan in 1964. 13_ 4ll memoranda and other materials reflecting meetings and contacts between the President and the Director of the FBI during 1971 on the subject of "legal attaches" NW 88296 Docld;32989532 43 City; Page ================================================== Page 44 ================================================== 3 - 14 , 41l memoranda and other materials reflecting meetings and contacts during 1971 between officials of the FBI and officials: of the Department of State on the subject / of "legal attaches" 15. All memoranda and other materials relating to the elimination of the FBI Crime Reccrcz Divio_J;: {; 5 1972 or early 1973_ III. Indices Please provide: 16. Committee staff access to the following indices for the period 1960 to the present : a "Agitator" index; b _ "Rabble Rouser" index; C _ "Key Activist" list; d List of "Action Groups" ; e "Security" index; f' "Administrative" index; g. All similar indices, .lists, or computer printouts _ 17 _ Al1 memoranda and other materials pertaining to the origin, implementation, operation, or termination of any of the indices set out in Item 16 above NW 88296_Docld: 32989532 Page 44 ================================================== Page 45 ================================================== Appendix C DOCUMENTS PERTAINING TO THE "HUSTON PLAN" COINTELPRO , AND OTHER PRACTICES AND PROGRAMS: I Huston Plan and_Related Developments Please provide: 1 All memoranda and other materials pertaining to the FBI' s termination in 1966 of the investigative techniques referred to in President Nixon' 8 ' state- ment of May 1973 (Presidential Docs _ 693-94) _ 2 . A letter dated June 1969 , from Tom Charles Huston, staff assistant to the President , to the Director of the FBI concerning resources being targeted toward the monitoring of foreign communist support of revolutionary youth activities in the United States effectiveness of such resources , gaps in inteliigence and steps which should be taken to provide maximum coverage 3 _ The response the FBI to the letter set out in Item 2 and al1 other FBI memoranda and other mate- rials pertaining to the correspondence The interdepartmental Action Plan for Civil Dis- turbances, dated April 1, 1969, and al1 memoranda and other materials pertaining to the origins and implementation of that Plan_ 5 All memoranda and other materials pertaining to a . request from Tom Charles Huston for an FBI inves_ tigation of the involvement of the New Mobilization Committee in violent demonstrations in November 1969 _ Al1 memoranda: and other materials pertaining to- FBI policies, practices 3 and procedures for liaison with the CIA from 1960 to 1970 _ 7 _ 41l memoranda and other materials relating to the 1969 disappearance of Associate Professor Thomas Riha, University of Colorado, insofar as such memo- 712= randa and materials relate to: IES?; NW 88296 Docld: 32989532 Page 45 Vz-(c 395-|!} Icotmd3i6 DWECEMATTOITE RE3ESE2l16 AtDEL EERRIET" DiL E 22 , 20 , by May ================================================== Page 46 ================================================== 2 a Efforts of the FBI to ascertain the ' identity of confidential sources of the Central Intelligence Agency; and b Inspections and administrative inquiries rC- lating to the disclosure of infor; :I Dr Joseph R. Smiley 3 then-Presid A^ cr :4j4 University of Colorado_ 8 _ Al1 memoranda and other materials relating to actions by the Director or any other official of the FBI severing liaison (formal , informal or other) or terminating contact (formal informal , or other) between personnel of the FBf and person- nel of the Central Intelligence Agency. 9 411 memoranda and other materials reflecting con- versations or communications during 1970 , between agents 'of the FBI ana the FBf Director on the subject of liaison or contact between personnel of the FBI and personnel of the Central Intelli- gence Agency including, but not limited to, all memoranda ana other materials written' by former Special Agent Sam Papich 10 _ 411 memoranda or other materials relating to the elimination of the Liaison Section of the FBI Intelligence Division in 1970 and relating to the re-establishment of the Liaison Section in late 1972 or early 1973. 11_ Al1 memoranda and other materials prepared or com- piled by FBI personnel assigned to the Interagency Committee on Intelligence (Ad_ Hoc) working group from June 55497l0 , to June 25, 1970 . 12 . Letter from FBI Director Hoover to Attorney General Mitchell dated July 27, 1970 , regarding the "Huston Plan" 13_ 4l1 memoranda or other materials pertaining to meetings or conversations between FBI Director Hoover and Attorney General Mitchell from July 23, 1970 through July 28 , 1970 , concerning the "Huston Plan" NW 88296 Docld:32989532 Page 46 ================================================== Page 47 ================================================== 3 - 14. 4ll memoranda and other materials in the posses- sion of the 'FBI pertaining to the activities of the Intelligence Evaluation Committee 15_ 'All memoranda and other materials pertaining to the decision by Assistant Attorney General Henry Petersen to terminate the Intellizenc? Zveluacion Committee on June 11, 1973 . (Swrncs Zocuzc;:2 regarding the Intelligence Evaluation Commitiee were requested in the letter of the Chief Counsel to the Deputy Attorney General datea April 23, 1975. See Appendix A , Item 8.) II_ CQINTELPRQ Please provide: 16. Summaries of COINTELPRO case files prepared by the FBI for the Committee chaired by Assistant Attorney General Henry Petersen (see prepared statement of Attorney General WWilliam Saxbe before the House Judiciary Committee on November 1974) . 17_ Al1 memoranda and other materials pertaining to the origin and implementation of al1 COINTELPRO programs , including, but not limited the seven programs set out in the airtel from the FBI Director to SAC , Albany 3 dated April 28 1971, entitled "Counterintelligence Programs {COINTELPROS ) , Internal Security Me Racial Matters" 18 _ Committee staff access to a list of all FBI head- 'quarters supervisory personnel involved in the origination, implementation, and termination of each COINTELPRO program- 19 All_memeranda or other_materials reflecting _approval or Imowledge of any COINTELPRO" program by any govern- ment official' outside the FBI including;_but_not limited any Attorneji General;-Member--Of" Congress , or President NW 88296 Docld: 32989532 Page 4Z 20 >. to, to, ================================================== Page 48 ================================================== 4 _ 20_ A list of' any COINTELPRO type &ctivitzez 37 d2_ the preparea statement Of Attorn:j 1313i 1 Saro the House Judiciary Comitz e 3: R73zc 2 were engaged in by the FBI subsegierz o Iril Z~ IIIS Other Specific FBI Practices and_Prograng 21_ An itemized description of the contents of each file folder in the so-called "Official and Con- fidential" files of the FBI (see testimony of Attorney: General' Levi before the House Judiciary Committee, February 27 2 1975) 22 _ Al1 memoranda and other materials contained in the "Official and Confidential" files pertaining to internal security, intelligence collection, and/or counterintelligence matters 9 operations 2 or activities including, but not limited the following documents:mentioned by the Attorney General: 2 "Policy Matters" Ln A "Presidential directives regarding the role of the FBI in the security field; conversations between Mr Hoover and a President-elect regarding the role of the FBI in his forthcoming Administration; letters to and from the White House regarding . expan- sion of FBI legal attache posts abroad" b "Administrative Matters" "Memoranda regard - ing an Attorney General' s decision with respect to supervision of the FBI by an Assistant Attorney General; a memorandum concerning the briefing of the President by Mr Hoover and the Attorney General with respect to certain intelligence activities by hostile nations within the United States" C "Reference Material" St "A compilation of data concerning the 1964 riots" NW 88296_Docld: 32989532 Page 48 to , ================================================== Page 49 ================================================== 5 - d _ "Protection of sources or sensitive informa- tion" "Materials on FBI counterintelligence activities; technical devices and techniques; the telephone surveillance involving sensitive coverage in the national security area" 23 _ All memoranda, files 2 or other materials 3 includ- ing inspection reports or related surveys , which pertain to the following statement by Attorney General Levi in his testimony before the House Judiciary Committee , February 27 _ 3 1975: In order to consider what measures may be appropriate, we have endeavored to characterize the types of abuse to which the Bureau has been susceptible in the past_ a _ "Use of the resources of the FBI to gather political intelligence _ Our review disclosed a few documented instances in which the Bureau at times during the course of an election campaign was requested" to provide T aad and did indeed provide information which could be used as political intelligence information_ In one instance, this involved a check of FBI files on the staff of a campaign opponent _ b_ "Improper use of the FBI in connection with the political process In a few instances recorded in Bureau files , an incumbent Presi- dent caused the FBI to gather intelligence relating to a political convention under cir- cumstances that although cast in legitimate law enforcement terms could Ca and some would say should have been suspected of being politically motivated "Use of the FBI to report on: certain activi- ties of critics of an Administration policies _ The FBI files document a few instances in which an incumbent President caused the Bureau to report on certain activities of Members. of Congress who were opposed to and critical of his policies _ "Niv 88296-Docld:32989532-Page-49 'S ================================================== Page 50 ================================================== q "Use of information in the FBI files to respond to or discredit critics _ Again, the Bureau files document a very small number of instances in Which derogatory information legitimately obtained by the Burcau waz dis- seminated to other members of the Execu: ve Branch to enable them to discrcdt ih2i? critics _ "Use of the FBI in connection with other legitimate law enforcement activities_ There was one documented instance where the FBI was used to conduct an inquiry for what might be described as political purposes , relating to an investigation properly conducted by other Executive Branch officials_ Tt 24 _ All memoranda and other materials reflecting con- versations , contacts , or communications between the FBI and the CIA on the subject of the estab- lishment or creation of "notional" Marxist- Leninist organizations within the United States_ 25_ A11 memoranda and, other materials reflecting activi-' ties of any agents , employees , or informants of the FBI in connection with: a The establishment 3 creation, or financing of "notional" Marxist-Leninist organizations with- in the United States b : The establishment , creation, or financing of: (1) The Red Star Cadre, or Red' Star Swap Shop; (2) The,Red Collective: ~26. A11 reports prepared by the Office of Criminal Justice of the Department of Justice pursuant to the request in September 1974 of the Attorney Gen- eral and/or Deputy Attorney General pertaining to the so-called M Wounded" Knee" case and any other so-called "political trial" or other prosecutions brought the Special Litigation Section of the Internal Security Division NW 88296 Dpcld:32989532 50 by Page ================================================== Page 51 ================================================== 7417*0464 27 . All memoranda or other materials prepared by the FBI relating to the reports described in Item 26 . 28 _ All memoranda and other materials. pertaining to the origins ana conduct of the FBI investigation in the Dominican Republic in 1965. 29 _ 4l1 memoranda and other materials pert_nirg to the origins implementation, and termination of Project INLET , involving preparation of an Intel- ligence Letter for the President 30 : The current 'office assignment or last known address of the following persons who in 1970 were employed at the Portland , Oregon , office of the FBI: a Leo B_ App b_ Edgar 0 Ingles , Jr _ NW 88296_Docld: 32989532 Page 51 ================================================== Page 52 ================================================== APPENDIX D REQUEST PERTATNING T0 ELECTRONIC SURVETLLANCE TB RLnL uiy Please 'provide the Committee: DERF 1. "Manual for the Conduct of Electronic Surveillance" _ 2 . Al1 memoranda and other materials relating to tle meintenarce and operetion of the so-called "ELSUR" electronic surveillance index _ 3_ Committee staff access to a list of all warrantless electronic surveillances 3 identified by subject and target , which were instituted or operated by , for on behalf of , or at the request of the FBI , from January 1, 1960, until the present _ 4 _ A list of all electronic surveillances , identified by subject and target , of the so-called "Kissinger 17" _ 5. A list of all electronic surveillances , identified by subject and target , which were instituted or opereted by , for , on behalf of, or at the request of the FBI and which intercepted and/or monitored any conversations 0f Martin Luther Jr., at any time between January 1 > 1960, and April 5, 1968 6 _ With respect to each surveillance listed in resporse to nubers 4 and 5, please provide: (a) the address of the premises surveilled, and the number of the telephone surveilled; (1) a generic description of the surveillance technique employed; (c) all memoranda and other materials reflecting written or oral authorization ana re-authorization by the President , the Attorney General, the Director of the FBI White House officials, or Netional Security Council officials; (a) a list of all memoranda ana other meterials reflecting dissemination outside the FBI Of information from each surveil- lance, stating author 9 address(s) ; and dates , together with the purpose of such dissemination _ 7 _ All memoranda' and other materials which: (e) relate to intelligence activities at or in connection with the Democratic National Convention in Atlantic New Jersey , in August 1964; NW 88296 DocId: 32989532_Page 52 b2_ Ilb 395 14} GaDais IIGORAGATTQW EESSEQR At~- DrrT King, City , ================================================== Page 53 ================================================== (b) relate to electronic surveillances of telephones and/or premises et 2414 Atlantic Avenue and/or the Clairidge Hotel in Atlantic City, New Jersey, `during Augusi 1964 _ 8 _ Committee staff access to all memoranda &nd o28 3ronidca reflecting the identities of persons monitored, i.44 6o conversations onitored, ena/or eny informeticr conversations monitored on the surveillancec 6c3c;. 9 _ Copies of all menoranda ana other materials releting to 3k& preparation 5 dissemination 3 ana/or withdrawal of all monographs con- cerning Martin Luther King, not to include the monographs thenselves . io_ A11 records 3 vouchers , travel euthorizations expense receipts , ticket stubs governmental travel requests (GTR and any other documents which relate to travel by : (&) Former Special Agent Lish Whitson from Washington 9 D.C . , to Tarpa or Miami 3 Florida, during 1964; (1) Former Special Agents Cartha DeLoach , Hobson Adcock, Don Manning, Harola Linebaugh , and Elmer Todd from Neshington , D.C..to Atlantic City, New Jersey, during August 1964; (c) Former Special Agent William C . Sullivan from Washington, D.C., to Atlanta, Georgia, during 1964_ 11_ The current office of assignment or last known adress of the following persons in 1964 3 were empioyed at the Newark, New Jersey , office of the FBI: (a) Robert L. Tegg (p) John B_ Meade (c) Billie D Williams (a) John J. Creamer 9 Jr _ (e) John J Connolly (f) Marjorie Ann Miermejewski (g) Mary Ann Mass The last known address of the following former Special Agents of tz ZBI: NW 88296_Docld: 32989532 Page 53 Jr. , s) > who , ================================================== Page 54 ================================================== (&) Harold Linebaugh, who' in 1964 was employed at FBI headquarters; (1) Elmer Todd , who in 1964 was employed at.the Weshington Fiela Office. 13_ The names and current office assignments or last known addresses of all FBI employees assigned to the U, S . Embassy in Rome , Italy, in 1961. 14_ SAC letter 64-1l captioned "Protection of the President" ; end Februery 28, 1964_ 3 communication from FBI heaaquarters to FBI fiela offices supplementing and/or relating to the same subject. 15. 4l1 July and August memoranda from former Special Agent Leo T . Clark to the Assistant Special Agent in Charge or the Special Agent in Charge of the Newark_ 3 New Jersey office of the FBI , captioned "Protection of the President T White House Inquiry" _ 16_ All memoranda and other materials containing the results of any administrative or other inquiry undertaken by the FBI as a result of and/or relating to the allegations contained in the January 26, 1975 , issue of TheWashington Post concerning activities of the FBI in Atlantic City, New Jersey , in August 1964 , 17 _ All memoranda ana other materials reflecting written or oral eutnorizetion &nd re-authorization by the Attorney General and/or the Director of the FBI for electronic surveillance of Joseph Kraft_ 18_ The current office assignnent or last known address of the following persons who, in 1969,70, were employed at the Washington, D.C., office of the FBI: (a) Robert Kunkel (1) Courtland Jones (c) Ernest Belter (a) James Ceffney 19_ The current office assignment or last known address of the following persons who, in 1969-70 , were employed at FBI headquarters: (a) Joseph As Sizoo (a) Bernard A. Wells {b) Micheel Joseph Rozamus (e) Robert Haynes (c) Sterling Donahue NW 88296 Docld: 32989532_Page 54_ ================================================== Page 55 ================================================== 20 _ The current office essignment: or last known address of Al or Alan Miller in" 1964 , Tas employea at the Atlante, Ceorgia office of the FBI 21 _ With respect to each occasion on which the Director 0f the FBI testified before the House Appropriations Committee from 1965 until the present_ ) please provide the number of werrantless electronic surveillances in operation (a) on the date of such testimony; (b) thirty days prior to sucn testimony; and (c) thirty days subsequent to such testimony. NW 88296.,Docld: 32989532 55 who , Page ================================================== Page 56 ================================================== 501138 (iev. 3-21-73) Intelligence Division INFORMA TIVE NOTE 13, 1975 Date Attached is a teletype from the Newark Office advis that former SA John Patrick Devlin has been requested before the Senate Select Committee 88B891 in Washington, D_ C. 5/19/75 to be interviewed "for the recora. By memorandum dated 5/8/75 we advised the Attorney_ Geges2? that Devlin had been interviewed by Members, SSC , and furnished him an LHM cover the thrust of this interview Responsive to Devlin S request, we ar telephonically advis him through the Newark Office to contact the Bureau' s Legal Counsel regarding arrangements for a representative from the Bureau to accompany him on the 5/19/75 appearance before the SSC Mr Mintz {ob 1 0 mfyz A/v WOC :ekw 0 X 61 IL INFORMIATION CONTAINDD IERSIH, IS UCLASSITIED Dojifbi DITE 1+16 322 htt NW 88296 Docld:32989532 Page 56 May ing to ing ing Wpwlan _ 1 Miv 3 { J J Wce 1 #m216 ================================================== Page 57 ================================================== Assoc Dir, FEDzRAL BUREAU OF IKIVESsTIGATION Dep.-AD-Adn NRlQgz AX CODED CQMMUNICATI_Ns S@CTION Aep Dip:Inv Admin. *BPM NITEL 5/21/75 VAN MAY 302,1875 Comp: Syst. Ext. Affairg Files & Com To D IRECTOR ( 62-116395) Teletype Gen: Inv. Ident; FROM ALEXA NDR IA ((62-217) RUC > 1 PAGE Inspection Intell, Wea SE NSTUDY 75 Laboratory Plan & Eval 72 Spec Iny. RE ALEXA NDRIA TELETYPE To BUREAU , MAY 3 , 1975,_ 7 Training Legal Coun FORMER BUREAU AGENT HAROLD P. LEINBAUGH , 1[60 WIMBLEDON DRI {Eeterhone Bm sery MC CLEAN, VIRG INIA 9 Co NTACTED 0N MAY 20, 1975, In ACCORDANCE WITH BUREAU INSTRUCT Io NS _ LEINBAUGH STATED HIS FEEL ING AT PRESENT IS THAT HE WILL REFUSE To BE INTERVIEWED BY STAFF MEMBER 0F CONGRES- SIONAL COMMITTEE BUT In EVENT HE CoNSENTS To INTER VIEW: A ND SENSITIVE MATTERS ARISE , KE WILL REQUEST PRESENCE 0F BUREAU AGENT OR CONTACI LEGAL COUNSEL AT FBIHQ 0 END HOLD FOR 0 NE 0 ZMAH FB IHQ ACk FR 0 NE 62-1L6zL tcttnta 13 MAY 27 1975 Marnrr 09 Rwtssas6y 881d37589532 Page 57 ~ IVyp Jts 16 #1pe znbiia EED ~LASJIZIOD Inzorteztoi Spa #lole 13 4u5 "I# 1 ~446 REC-1OA ================================================== Page 58 ================================================== Assoc Dir: Dep.-AD-Adms Q1 #N-lah{ Dep:ADHInv_ mY NpD Asst: Di: 0+ '#uncATIoRs SECTUW Admin; Comp. Ryst Ert Affairg 88x4: Tiles & Com Gon. Inv. Ilent etion NR 0@6 Nk PLAIN Int-lI:' Ln*retory 5}37PM NI TEL MAY 1975 4cG Ileu & Eval Spe:e: Inv: TIrtining TO DIRECTOR (62-116395 ) I" Legal Cvun 1 Telephone Rm PROM NEWA RK (66-3971) Direetor Sec'y 'SENSTUDY 75 RE NKTEC CALL To BUREAU TODAY , FORMER SA John PA TRICK DEVLIN CO NTACTED THE NEWARK 0yn MAY 42, 1975, AND ADVISED HE WAS REQUESED To APPEAR BEFORE THE SENA TE COMMI TTEE. AT 2400 P.M., In WASHING Ton, D.C,, 0N MONDAY , MAY 19 , To BE INTERVIEWED FoR TKE RECO RD . AS TKE BU REAU IS AWARE, DEVLIN~HAS BEEN PREVIOUSLY INTERVI EWED REGA RDI NG HIS KNOWLEDGE 0f THE TECHNICAL SURVEILLANCES Co NDUcTED DURI NG 1964 DEMOCRATIC PARTY NA TIONAL NOMI NA TING CONVENTION, A TLA NTIC CITY, N,J. DE VLIN ADVISED THAT HE WoULD LIKE SO MEO NE FRo M THE BUREAU TO ACCOMPA Ny HIM To THE INTERVIEW BY THE SENA TE CO MMI TTEE STAFF . BUREAU IS REQUES TED To ADVISE NEWARK , FOR TRA NSMITTAL TO DEVLIN, INFORMA TION CONCERNING WHOM E SHOULD CONIAGEO- BU REAU CONCERNI NG JHIS REQUEST . 234 END 16 MAy 27 1975 -Pps-ACK-FOR-(5) 8 & 2 7 96 JAd2 71975_Eage 58 mdelg In"p` CONTA IMlED BLnkaG 12, LSE g TtO} 'Ro33s DaLlikF" All, 'E*2 OFFICES - -/yo bene: c& Dl-rrorvl MAY ================================================== Page 59 ================================================== OPTIONAL FORM No. 10 5010-106 MAY 1962 EDition GSA GEN. REG. No. 37 UNITED STATES GO ERNMENT Assoc. Dir. AD Adm. Memorandum 1 Mr _ W R Wannall Dep: AD Inv. Asst. Dira: 1 Mr W_ 0 Cregar Admin. Syst. Ext. Affairs TO Mr . W_ Rs DATE: 5/21/75 Filos & Com. Gen. Inv. Ident. Inspection FROM W _ 0 Intell: Laboratory Plan: & Evol. Spoc. Inv. SUBJECT: SENSTUDY 75- Training Legal Coun. Telephone Rm: Director Sec' y On 5/15/75 _ 1 Senate Select Committee Staff Menbers Mark Gitenstein and Thomas Dawson reviewed Manual 0f Instructions Sections 107 Part I, relating to security informants and Section 130 relating to extremist informants The review took place from 3:50 P.m_ to 5:40 p.m . in the conference room at INTD SA Elmer W _ Larson of SENSTUDY Ta 75 project was present during the review_ Gitenstein and Dawson asked several questions con- cerning administrative and technical clarifications but raised no substantive questions concerning the sections under review ACTION: C None_ For record purposes _ 62-116395 EWL: cmc C7? (3) RECL04 61-4L390-/39 #amarlald 48 MAY 23 1975 31 8 4 MAY 2 3 1975 NWV 88296 Docld: 32989532 Page 59 Dop. WannalliJl Compa CregarVlll (T #mnceib 3p?AblItG CONTAINED SSITIED TION INFORMA Yu91G.4; ALL HBRMIN DATC 0bd3 ================================================== Page 60 ================================================== 3 Adams ~ Cleveland 1 ~ Kr_ Wintz ~ Etr _ Gebhardt - Wr _ Fanna)l Hay 16, 1975 AIL ITORVATION { Gok_a&EYS BF LIAISO} ERCIN IS UNCLASSITIED Ditz_Iee/L BSe:enkte 1 - Hr - Cregar 1 - Hir _ Flenister 1 3 Hr - Crescioli Br . Vilziar J . Cotter Cbzee Eostal Encpector 0. & Pogtal @ervice Rashington, Ba C. Kn Dear ` 812l : Seskudi 1 bave beer adviged #at-&represertative 0f tie Senate Select Cozmlttea has recently pade 8 request 02 your Zervice {0 furnigh the Identities 01 &11 EBI mall coverg placed Since 2980. In viev 02 the %ac; Cbat Buch inzorration directly rezates to the fnvegtigerive restonsibizitig? 01 this Bureau 7 1} 19 requegted tbet you advise the Sedeteo Sel8cr3f rhzotee the OsEcceE ; cfeghesateor187 Geners1 1 Your Cooperation i@ thic matter 18 #incerely eppreczated , L Sircerely YoEXE , E5 57 Clarezce E: Eelley %S MAX27 1975 1 Drector ealtnx: 5i0r3 LAC:tdp (10) 1 NCS: See nemorendum Flenister t0 Vennall dated 5/15/75 , Assoc. Dir. capcioned "Hafl Covers , Mi prepared by LAC; edp. AD Adm. Dep. AD Iny. Asst. Dica: Admin- EonpAizit 03-IL & Con. Gen . Inv . p KT RECORDED Ident . Pection MAYoz 1975 Iatell; Laboratory Plun. & Eval; Spec. Inv. Legal Coun: Tclophone Rm Diswctor Scc" MAIL ROOM TELFTYPE UNIT 8.4.MAY 2 7 1975, Nw 88296 Docld:32989532 Page 60 ptt 474 7J6 2s Ps risia& {c Lac Ub Dep. 33 Conp- LC 6+-116310 Files Ins" Troining ================================================== Page 61 ================================================== OPfIONAL FORMNo. 10 3010-106 MAY 1962 EditioN OS^ GEM: Reo. No, 27 UNITED STATES G ERNMENT #asoc. Dif. Dep: 'AD Adm. MMr Adams Dop: AD Inv, Memorandum 1 Mr Cleveland Asst. Dir:: 1 Mr Mintz Admin: Syst. Ext. Affairs TO Mr . W . R. Wannal1 DATE: 5/15/75 Filos & Com. ~.Mr Gebhardt Gen. Inv. Ident. S Mr Wannall FROM A.C. Flemister } 1 Mr Cregar ka 'cn Mr Flemister Laboratory Plan. & Evol. Mr Crescioli Spec.a Inve; SUBJECT: MAIL COVERS Training Logal Coun Tolophone-Rm: Director Sed This is to advise of recent' request by Senate Select Committee (SSC) that U_ S. Postal Service (USPS ) ~Lft furish to the SsC the identities of all mail covers placed by the FBI since 1960 _ On 5/14/75 Mr Ron L. Jackson, Assistant Cnief Inspector Office of Security Investigations USPS , adised Liaison Officer L.A Crescioli that Mr Paul Wallach , staff member of the SSC 9 has requested USPS to furnish the identities of al1 FBI mail covers placed with the USPS since 3 7 1960_ According to Jackson } Chief Pstal Inspector William J_ Cotter has informed Wallach that the FBI is the custodian of such detailed information and that the SSC should there- 8 fore make this request directly to the Bureau _ Mr Jackson L requested that the FBI consider directing 2 communication to Chief Cotter pointing out that the Bureau does interpose an objection to the USPS complying with above request and 1 8 that the SSC should proceed directly to the FBI in this 3 4 1 1 RE4YLz1on8: The request for the idenities of all FBI mail covers since 1960 in' effect provides the SSC with the identities 1 of the subjects of FBI investigations which includes some extremely sensitive cases The intelligence community in attempting to work out guidelines with the SSC as to Sensitive areas of inquiry have indicated that specific J targets 0f ongoing intelligence operetions should be subject to negotiation between the SSC staff and the appropriate agency _ The Intelligence Division believes that we should take 2 strong stand in this instance and attempt to negotiate an accommodation which would allow the SSC to carry out its mission but not compromise ongoing TBI sensitie" fliveskeatos tigations _ 6J_1b355 (6 May 1975 LAC : (9) 7oT RZCEBNFRNUED V OVEB #Ryy CNI" ansea 46 MAY 27 1975 Enclosure Sw3 s-20-7s MAY 2 7 1975 NW 88796" Docid:j2989537 61 Comp: Wewith JrJNT yet tdp Rz Ccsby-lll370 8 4 Page ================================================== Page 62 ================================================== Memorandun to Mr W .R. Wannal1 RE : MAIL COVERS RECONENDATION : That the attached Zetter to Chief PostaI Inspector Cotter be sent via Liaison, advising him of the proprietary interest of FBI concerning specifics of its requests to USPS for mail covers and that under the third agency requirement the SSC should make its request for such data to the FBI through the Office of the Attorney General_ 3 LAc (u1 2 NVN,88296_Decld:32989532 62 Tl~ae ~Rw YU Page ================================================== Page 63 ================================================== OptiONaL Rorm No: i0 3010-106 MAY 1962 Eoition GSA Rec N UNITED STATES RNMENT Assoc, Dir . AAD Dap# Memorandum Asst. Di} Admint Comp: Syst: TO Mr - Ja B Adams DATE: 5/15/75 Ext. Affairs Filos & Com. Gon. Inv. Idant. Inspoctfon FROM Legal Counsel Intell: Laboratory Plan. & Evol: Spec. Inv. SUBJECT : REQUEST OF HARRY H: WACHTEL ON Tfam BEHALF OF ESTATE OF MARTIN LUTHER Leqal Teleblone Rmc KING, JR. 2 CONGRESSMAN ANDREW YOUNG , Diroxtor Soc AND DELEGATE WALTER E. FAUNTROY Ses 278 memorandum of March 19, 1975, reported discussions with the attorney for the estate 0f Dr _ Martin Luther King, Jr 9 who also represents Mrs _ Coretta King and her children. I was clearly indicated that Mrs . King and her children were concerned about invasion of personal privacy that might occur should there be disclosure of inquiries 4 Nconcerning the FB investigation of Dr Martin Luther King, Jr_ At the conclusion of our conference with the King representatives , Assistant Attorney General Scalia asked me whether I would be willing to agree to have Mr_ Wachtel notified in the event & congressional committee requested 86X access to such material in Bureau files _ I told him that I saw no difficulty in the Department advising Mr. Wachtel in the event such a request is made 0 by a committee of the Congress . The Senate Select Committee on Intelligence 8 Activities has initiated inquiries concerning the Bureau'8 investigation of a Dr _ King and though they have not as requested material from our files Wtwhich contain tapes of electronic surveillance of Dr _ it is likely 0 [ that their inquiry will reach the stage where such demands will be made _ 3 Therefore, in response to the requests made by Mr _ Wachtel 1 representing Mrs _ King and in response to nquiry by Assistant Attorney General Scalia, it is my view that we should advise the Department of the nature of the inquiry currently being made by the Senate Select Comiittee and to suggest that may wish to notify the representatives of the King estate and Mrs . King for whatever action may deem appr= Ard opriate _ tuotrnuser 8 Enc . Ss-v s- 20 -2 <-62 dL 395 38 MAY X975 1 7 Mr. Wannall NoT RECORDE5: ~ Mr . Moore 46 MAY 27 1975 WududrY Totdr 5 5 Mr _ McDermott 7 Mrs . Metcalf 1 5 Mr _ Hols 1 7 Mr Nintz JAM:mid (8) CONTINUED 5 OVER 8 4 MAY 2 7 1975 'NW*BBZ96 "DocId:32989532 Page 63 GEN; Dep: Ll1 My yet King, may they they peska [ESF (Uuaelo - 62-1/6375 , 3 C( ================================================== Page 64 ================================================== Memorandum to_Mr _ Adams Re: Request cf Harry H. Wachtel, etc - RECOMMENDA TION: That attached memorandurn to the Attorney General advising him of the concern of the King family and of the request that be advised of congressional inquiries be approved and sent. (u 2 7 NW 88296_Decld;32989532 Page 64 they lex Sl ================================================== Page 65 ================================================== Ico Aeceney Geaezal Zay 18, 1976 1 4 Mr _ Wannall: Iireceor, 52 1 ~ Mr _ Moore 3 Mr _ McDermott 1 Mrs . Metcalf 33C1RS 0? 84327E, MACZT 02 1 ~ Mr _ Hotis 0 BEa4L? O? 2SIATZ 0? 2AzIDT LTTZE Mr _ Mintz ZNC; 2. > CO3CRE.33Am ARDRBW Zouic, A#D DEL 2847% Wal72 %,"Awarcr syu 5'73 420-C3rc3c399 €4 Eiaeeb 10, 1978, Eozry @ Waettel, a@c137y rerzesjan33 Ma €stata 01 Cr. Martin Lscezs' Ekg, J2.0 8953 _ cored ad %z tlidrzd, aceozap3uiad by Coog?esaznn8 Aetleet 7ozg &8d Eistlze c Crluntla Doiegat? Talisr %. Frz2troy, aviaad 5*7zw83 otvee &1 822 Adtorav7 Gazeral &n1 te FE 0 #x 1 1 gzeae ecacez0 Ior 063 prlraey 02 EZs3. Elx; ecd hert €u8lusee. 3603 vere C*2c5z234 #ce tngeleic; &a"n.a3 {nr7e3tz33on Go28cted %7 &12 0 Zd E:. Hertla Lxsikcz Hag; Jr< , ecald rarcal Iatrrado &l & E#2821t877 Ent?a 63182728 Tr.8ag Zay Buacateri 83 Mtezes} t ualxtazlez aprcgrtate %casare3 t0 Jlrcit %8 Earci llity &2 celile [ Declcoora & &3308447] {Eiczrtta %a} Iay %0 [Zecngod 28 8 Exale 2 Eralztou 4323 89 63350 628 gxzot %2 ma22 by #3 #azete Salect Crmaies oa Bnelligzace Aetiatca a8 gczueged Ent {ney viaiid ba I edvsad Ab-tld g33h Inquizies %? 5a:2 &7 # Cooraitse2 QZ Ccugt*89. 0 Sniserezes Unt 2836€, % FE %ss !cazadu €ae2 023 1 Srata Belact Cozt g rea CE IaetclllzcExs Aekvzidss lg e a aletrz latorvler? 4 { &@ 68c52 & Covjcy xcrzrioe 80132.4133 42 FHI icjegtizatica €2 D_ Elrtta Lxlbr? Eg: Jz . Ea547 4 Es %ct, €s moitcc ta bclez 1 @3034: & yrrE a880 & Or83 €xt YC Enay detextub1o toiat A0*0 yta Zsol [3 Apzr037i08 %3 2893833* f €a Pogu3ots gDalo by EEr. %asbal €3 briad € Eg. Ilz, &ez 221182*3, a3d 60 888*0 & CE. @eqtd3 Latbce Dira Eg; #zca 20533088 rara jci3etl % ty Corxzesazaa &3867 Zoazz AQ Adm. AD Inv. 'WJm 6 'Cnce Asst- Dir:: Admin_ Comp- Sy3t. SEE NOTE PAGE 2 Ext: ASoirs Files & Com- Gon- [r7- JAM:mfd Jdent - Insetipn (12) 395 labcretsry Xkb Noi RECORD5D Plan- & Eval_ Spcc- lnv- TAtEh 30 1975 in tegoplcou Rm; Opi Diroctor Soc'% MAIL ROOM TELETYPE UNIT Wfaezsinod 975632 _ Page 65 0z4 d1 a,_ 9 Z5+, Assoc- Dop- dI k Dep- Osweed l) s/ybs: 62-186_ Rm 46/MAY Tra ing ================================================== Page 66 ================================================== I2 Attorr8y Cgaeral end Belegate Waltez %, raratraz. The FE %otld keve BO ottectici shoud ye# deride ta adv198 Nr . Nachtel tbat tbe cusrcnt Inguiry by the Sezate Releet Corritte? on Intelvzance Aotites corcerns %e #E [nycatgaton %* Dr+ Martin: Euther %1qg, Jr+ 1 ~ Io Depaty Attogney Genenat 1 - Aadletane Aeoreay Genezal Dincc 0 Legal Caibel NOTE; Eased O memorandum Legal Coungel t0 Mr. Adams , 5/16/76, captioned a8 above, JAM:mia . 43+ Nw 88296: Docld: 32989532 Page 66 ================================================== Page 67 ================================================== OPTIONAL FORM No_ 10 5010-106 May 1962 Edikon 634 GEN. Reg , No. 27 UNITED STATES GOVERNMENT Assoc. Dir. 1 5 Mr . N_ P Callahan Dep. AD Adm: Memorandum Dep. AD Inv. 1 7 Mr . J. B Adans Assta Dir:: Admin. 1 4 Mr. T. J. Jenkins Syst. TO R. W. R. WANNALL DATE: May 12, 1975 Ext. Affairs Files & Com: Mr . J. As Mintz Gen. Inv_ Ident. Mr.Ja Bs Hotis Ins FROM M_ lio CREGAR 1 Mr . W_ R_ Wannall Insetan Mr _ W_ 0_ Cregar Laboratory Plan. & Eval: SUBJECT SENSTUDY 75 Spec. Inv Training Legal This memorandum reports the telephonic_ contact Telephone' Director Sec between former Assistant to the Director John P Mohr and Mr Jenkins at which time Mr Mohr furnished additional information regarding his_meeting_with representatives of the Senate Select Committee TsSc) Staff on the morning of 5/9/75 . In reconstructing his interview on the morning of 5/9/75 by Staff Members Mark Gitenstein, Thomas Dawson and Lester Bs Seidel, Mr Mohr recalled them asking if he knew who prepared the 11 'surreptitious letters" the Bureau sent in the Socialist Workers Party case Mr Mohr advised the Staff Members that he did not know but he presumed somebody in the Document Section of the Laboratory probably prepared these letters . 62-/16375-/38 As reported in my memorandum 5/9/75 , members of the Staff Committee are hoping that Mr _ Mohr will be able to arrange an interview of Miss Gandy by members of the SSC providing Mr Mohr 1 ( is present _ In this regard, Mr Mohr desired some guidance as to what he could tell Miss Gandy if Staff Members asked her for the names of individuals appearing in the official and confidential files of Mr _ Hoover Mr Mohr was telephonically advised on the @ afternoon of 5/12/75 by Cregar that the Bureau could not him any advice as to what he could tell Miss Gandy recognizing that 1 0 whatever he told Miss Gandy was strictly between the two of them P and not of concern or interest to the FBI_ It was further pointed out to Mr Mohr' that neither he nor Miss Gandy should feel under 8 Iz any obligation to report to the Bureau what Miss Gandy decided in this regard as well as what she might tell the Staff Of Ehe "SSc dur her forthcoming interview by them on 5/15/75 MAY 23 1975 On the occasion of Cregar S call to Mr _ on the afternoon of 5/12/75 Mohr recalled that he had told Staff Members of the SSC Miss Gandy had turned over to Mr Felt the official and confidential files amounting to one-half a file drawer Mr Mohr in speaking with Miss Gandy subsequent to his interview on 5/9/75 learned the official andcconfidential files turned over to Mr . Felt 62-116395/w WOC :ekw CONT INUED OVER N80848o2i3ulZ5532 Page 67 Compa iW/ Coue 'Rm REG-!82 give ing Mohr s butb 8(8) ================================================== Page 68 ================================================== Memorandum to Mr W_ R. Wannall RE: SENSTUDY 75 62-116395 Miss Gandy amounted to" one and one-half file drawers . Mohr subsequently.advised Mr _ Gitenstein of this correction_ Additionally= 9 Gitenstein desired to know whether an itemized list of the official and confidential files was made and if where the list was Mohr told Gitenstein that he was sure a list was made (subsequently confirmed by Miss Gandy) and that the list accompanied the official and confidential files_ In addition to the above_ 9 Mohr advised that Gitenstein asked about a requirement of all Bureau employees to turn over any confidential files in their possession ordered by Mr Hoover following the revelation that former Assistant to the Director Sullivan had turned over certain confidential files to former Attorney General Mardian_ Mohr advised Gitenstein that Mr Hoover had in fact levied such a requirement on Bureau employees and that all confidential files were to be turned over to Mr Felt along with a memorandum explaining the nature of these files _ Gitenstein asked Mr Mohr where these memoranda would be filed. Mohr responded by saying he presumed were confidential memoranda and would: have gone with the confidential files turned over to Mr _ Felt by any Bureau employee maintaining such files_ ACTION : For information and record purposes _ hul r Nca Sn ) R D 9" 4 m Z NW 88296 Docld: 32989532 Page 68 by SO , they Wlw _ 4t LAucs Gw- Ut ~@t i" ); ,kealct] Mo X A shs: 745~,, Aeu eli I lek_X ================================================== Page 69 ================================================== OPTIONAL fo3m NO. 10 5010-106 MAY 1962 Edition GSA GEN, REG. No. 27 UNITED STATES GOVERNMENT Assoc. Dir. 1 Mr _ N_ P Callahan Deb: AD-Adr Depa Ap-Iiv Memorandum 1 Mr . J. Ba Adams Asst. Di Admin 1 Mr _ T J. Jenkins Comp: Syst. Ext. Affairs TO M. W. R WANNALL DATE: 9 , 1975 Files & Gen. Inv. Mr . J. A. Mintz Ident. FROM M_ W Lol CCRIGAR Mr _ J. B Hotis 1 Mr _ W_ R. Wannall Laboratory Plan. & Eval: Mr . W 0 Cregar Spec. Inv. SUBJECT SENSTUDY 75 Training_ lepH Rm- This memorandum reports the results of a mdeting Director Soc'Y between former Assistant to the Director John P Mohr and repre- sentatives of the Staff of the Senate 'Select Committee SSC) on the morning of 5/9/75. Memorandum Legal Counsel to Mr _ J_ B_ Adams dated 5/5/75 recommended that a Bureau representative be available for consulta- tion by Mr_ Mohr dur the time Mr _ Mohr is being interviewed by Staff Members of the SSC 5/9/75 . 116 374-/37 Prior to Mr Mohr S interview by the Staff of the SSC, Section Chief William 0. Cregar met with him. Mr Mohr was advised that should representatives of the Staff pose any questions to him { which could lead to the identification of sensitive sources , sensitive methods of FBT operations or material derived from other 8 U_ S_ agencies or foreign governments_ 9 he could decline to answer such questions until he had an opportunity to consult with a Bureau A representative_ Mr Mohr understood the purpose of Mr Cregar's presence and assured him that should the inquiry by SEaff" Members H of the SSC into these areas of inquiry, he would fertedndv 1 consult with Cregar prior to responding_ 0 Following our arrival at the New Senate Office Building, Mr Mohr and Cregar were met by Staff Members Mark Gitenstein, Thomas Dawson, and Leste r B Seide 1 As we proceeded to the office where the interview was to be conducted, Mr Gitenstein referred to a previous conference he had with Assistant Director Wannall Quantico on 5/5/75 at which Mr Cregar was present _ Gitenstein observed that this meeting had proved very , very beneficial and that he believed that future personal contacts between members of the Senate Select Committee 'Staff and the FBI could prove useful and allow the SSC 'Staff to better understand how the FBI was administered at Headquarters _ 62-116395 FOC:ekwe Ru) (8) CONT INUED OVER h 8tsNGYac3a.9459532 Page 69 May Cem. Inspes Intafz ing REC-100 get 87+6184157n7 at ================================================== Page 70 ================================================== Memorandum to Mr. W_ R_ Wannall RE: SENSTUDY 75 62-116395 The interview of Mr Mohr began at approximately 10:20 and was concluded 12.30 P.m_ 5/9/75 . Mr Cregar 9 who was available in an adjacent room, was not called and following the interview 9 Mr Mohr assured Mr _ Cregar that no sensitive areas were addressed by the Staff Members. Mr Mohr did indicate that the Staff Members were in possession of FBI doclments dealing with the Socialist Workers Party as well as documents obtained by Mr _ Carl Stern under the Freedom of Information Act (these are our COINTELPRO_ documents which we were obliged to provide Stern under the FOI) _ No substantive questions were directed to Mr Mohr regarding these documents but apparently were used to permit Mr Mohr to identify who might be the final authority in approving these documents _ As an example, Mr Mohr noted that in reviewing a sample of these documents _ 9 he voiced the opinion Document A probably would have been approved by an Assistant Director whereas Document B might have received the approval of the Director Mr Mohr was unable to identify precisely what documents he was shown _ It was quite apparent from the interview that the Staff of the SSC was trying understand how the flow of mail proceeded in the FBI under Mr Hoover 1 S directorship A classic example of the Staff Members confusion was their inability to distinguish between an SAC letter from a letter to al1 SACs _ Mr _ Mohr attempted to clarify this confusion on behalf of the Staff Members _ With regard to SAC letters, the Staff Members asked if there was a file on al1 'SAC letters_ Mr Mohr advised he was not quite sure whether there was a single file containing al1 SAC letters _ Members of the Staff also asked Mr Mohr about his securing of Mr Hoover S office after Mr Hoover S death- Mr Mohr told the Committee that the articles which appeared in "The Washington Star" by columnist Jeremiah 0'Leary was an accurate recording of his securing of Mr Hoover S office_ Nevertheless the Staff Members desired that Mr _ Mohr go over in considerable detail exactly how he did secure Mr Hoover 1 S office following his death. 2 NW 88296 Docld:32989532 70 at to Page ================================================== Page 71 ================================================== Memorandum to Mr. W. R. Wannall RE : 'SENSTUDY 75 62-116395 The question of Mr _ Tolson' s will did arise_ Mr Mohr advised that Hillory Tolson had not decided whether he was going to contest the will_ According to Mr _ Mohr _ he recently had lunch with Hillory Tolson at Mr Tolson S request at which time Hillory Tolson suggested he was not going to contest the will_ However Mr _ Mohr had not seen any documentary evidence of Hillory' 1 S decision in this regard. Finally, the Staff Members asked if Mr_ Mohr knew the whereabouts of Miss Gandy or at least her telephone number He told themhhe did know herewhereabouts and telephone number but promised her he would not reveal them_ Mr Mohr was asked whether Miss Gandy would be available for interview Mr Mohr advised the Committee that he would attempt to persuade her to be interviewed providing Mr Mohr 9 was allowed to be present during the entire interview_ The Staff Members inter posed no objection to that arrangenent and' Mr _ Mohr indicated to Mr . Gitenstein that he would advise him of Miss Gandy S desires regarding an interview under the conditions stipulated above_ Prior to the onset of the interview with Mr _ Mohr , Cregar asked Gitenstein whether a decision would be forthcoming from the SSC regarding the interviews of former employees of the intelligence community by Staff Members of the SSC Gitenstein stated the the Committee had no problem with the FBI and that if The White House would not interfere he felt satisfactory arrange- ments between the FBI and the Select Committee could be worked out regarding future interviews of former FBI, employees_ The thrust of Mr Gitenstein S comment as well as his general demeanor during the meeting suggested the Staff felt could work closely with the FBI to the satisfaction of both parties ACTION : For information and record purposes _ |TwL @n (wn 3 NW 88296 Docld:32989532 Page 71 he , they JAn Wiew HT 710 77 ================================================== Page 72 ================================================== OPTiONAL FORM No. 10 5010-106 KaY 1962 Edition GSA GEN: REG. No. 27 UNITED STATES GOVERNMENT Assoc. Dir. AD Adm. AD Inv. Memorandum Asst. Dira: Admin. Syst. Ext. Affairs TO Mr _ J, A Mintz DATE: 4/14/75 Filos & Com: Gen. Inv. Ident. FROM Mr - W _ R Wannall Sels7 (6nut 1'_ T; Intoiction 40nnt Laboratory G71 T~te | (f ALL Plan. & Eval, Spec. Inv. SUBJECT CONGRESSIONAL TESTIMONY Training Legal Coun. Telephone Rm. {e13s" Director Sec'y Reference Mr Heim memorandum to Mr Moore dated 4/10/75 , enclosing edited version of paper entitled 'Dissertation on Procedures for Opening , Closing and Maintaining Domestic Security Cases in Pending Status _ Tt INTD has no objection to the edited version _ ACTION: Legal Counsel Division review edited version for legal considerations _ ALL:vb (6) 1 T Mr . J . A . Mintz 1 3 Mr _ D. W . Moore = Jr_ 1 ~ Mr . W . R. Wannall 1 4 Mr . A. B. Fulton 1 - Mr_ A. L. Lacey Jr _ 0 3 163.16393_1 8 3 0nne 13 1075 49 9 T nuddnatd (( kx LMAY27 NW 88296 Docld:32989532 Page 72 Dep. Dop. Comp: 0 k+ B8x 'Ks 6 Wre) Csz "Abt; EX-Iui 4 lk Moeig REc-28 CONTAINDD 1 AS3IYIDD 44tna SP= UGZS INFORU; L9leLux AZl, "KRES rrtnt DArz ELv 9 ================================================== Page 73 ================================================== OPTIONAL FORM No. 10 So10-106 MAY 1962 EDITIoN GSA GEN: ReG. NO. 27 UNITED STATES GO {NMENT Assoc. Dir. Dep. ARAd?; Memorandum AD Inv; Qzlcw Asst. Dir.: Comp: Syst. TO Mr _ Meare DATE: 4/10/75 Ext. Affairs Files & Com. Gen. Inv. Ident . FROM Mr _ Heim Hous Goct (uwTl: Insgecti;r LH Laboratory Plan: & Eval_ SUBJECT : Spoc. Inv. CONGRESSIONAL TESTIMONY ining Legol Coun: Telophone Rm: Director Sec Y Xeu1# Reference W_ Ra Wannall to Adams memorandum dated 4/1/75 and captioned as above which submitted a proposed statement for congressional testimony concerning the opening , closing_ and maintenance Qf domestic security cases in pending status_ This Division was to review the statement from a stylistic standpoint_ The statement has been reviewed along these lines and edited_ 4 RECOMMENDATION : That attached edited version Of the aforementioned statement be forwarded to Intelligence Division for review and approval and then submitted to Legal Counsel Division 2 for its review and approval_ Enclosure K A 1 Mr _ Mintz Enclosure 1 Mr Wannall Enclosure 6 Axo 116395 _13 TDH /JAH ltw (6) 3 MAy 18 1975 2 2 ENCLOSUBE (l) SAMAY 27 1975 NW 88296 Docld: 32989532 Page 73 Dep. Admin: AM Tntellvgs Tro" REc-2l6r V4F74 #moelb nlae CONTAINED UNCLA SSTFITD BY SPa ATION INFORWE LLi-eL IS ALL HFREIN Leenv DATE ================================================== Page 74 ================================================== DISSERTATEON ON PROCEDURES FOR OPENIZIG_ 0 CLOSING AND MAINTAINIMG DOMESTIC 8ECURITY @ASES IN PENDING SATUS FBI authority to invegtigate donogtic gecurity cases is derived Erom numerojis criminal statutes and Presidential Directivez an Executive Orders concerning W internal security and employee Ioyalty matters Procedurally, the Bureau openg , continues , and closes such caseb on 3 thc bagis or these Jegal considerationg . Upon receipt pf 2 facr situation from any Qf 8 nyriad 0f Sources an Agent must necessarily nake a judgnent 25 to whether this situation appears tQ fall I 2 0 within thc gcope of FBI jurigaiction. More specificallye domestic security invegtigations are initiatod when allegations clearly indicate 4 person , 3 Aither a8 an individual Or a5 3 nember 0f a group, acts to unlamfully alter the Governent in vlolatlon 6f the Snith Act, the Rebellion or Ingurrection Statute: the Seditious Conspiracy Statuze, Dr other related enactments . Special emphaslg 18 placed Qn those engaged in violent furtherance pf Such Iilegel aats , 4 full inveatigation continues So long 33 these indicationg 0f illegal activity cxist; When allegations 0 not clearly indicate that activitics on the part Qf an individual fall Within tnis juriedictional area , Belf-inposed rogulatlong require that a "prelininary invegtigation Xt be conducted_ This inquiry conslsts Of Obtaining infornation Erom establishcd bources (suah 25 records maintained pollce departnents_ 1 local governmcnts } and private agencies} } Informanto ; publio bource information} and FBI recordes Thege invosti- gations are limited to 90 days during which an honegt Assoc. Dir. effort f5 made to distinguish 48 Baon aS possible between Dep. AD Adm. legitimate political activity and illegal acts . If Dep. AD Inv. more than 90 days are required_ to resolve this question, Asst. Dir:: Admin. authority to exceed this pertod must be obkained Eron Comp. Syst. FBI Headquarters. In 8ceking this extension , a Eull Exl. Affairs statement must be nade 6f the allegation 1 the jurigdictional Files & Com. Gen. Inv. authority involvea, and facts that appear to juctify Ident. te continuance _ Inspection Intell: Laboratory Plan. & Eval: Spcc. Inv. Training Legol Coun: TDH, JAH:dji (8) Telephone Rm. MAIL ROOM TELETYPE UNIT BNCLOSURD2 .1 /6 375 - dsz 9348346 Director Sec'Y NWV 88296 Docld:32989532 74 1 1 L by Wf-"eu Page ================================================== Page 75 ================================================== When an allegation i8 received that 2 group Day fall Mithin existing jurisdictional criteria 1 FBI Headquarters 18 immediately notified ana a "prcliminary investigation II along the 1lnes alrcady indicated is undertaken _ Again , approval from FBI lcadquarters Must be obtained ta continue this I1 investigation M beyond 90 dayo *o rebolve whothor 'Eceliniicdlctivost standards are mot, If met , 2 full investigation 13 conduated upon approval by FBI Headquarters Internal sccurity investigations are algo conducted on the bagig Of specizic instructions from the Attorney Goneral (pursuant to Presidential Directiveo) to the Director O8 the TBI _ Until the instruction 13 complied with, these matters renein pending. Every effort i8 made to maintain proper adninistrative control over domcstic gecurity invastigationo and to insure full compllance with the lav In this regard Bureau rules require Agents to limit investigations to relevant matters Suporvisory parsonnel in the Field ana at FBI Hoadquarters reviem the progregb and relevancy of thesa investigations, and reports aro forwarded to the Department or Justice, Agents algo receive legal ingtruction On a continuing basis in order that they Ray be fully able to recognize relevance and safeguard individual rignts. Tnege Bureau procedures have been devigea in an honegt effort to carry out with mazimum effectiveness and propriety our vital domegtid Security responsibilities_ Over the years the FBI ha8 handled those robponsibilitiee and protectad the domestic security Of our Netion with great dedication and, I belicve , with grcat distination . We vill continue to vigorously carry Qut these duties vith all due regard for individual rights and liborties . I believe the procedureg 1 have outlined are in Eull accord with thlg purpose: 2 NW 88296 Docld:32989532 75 Page ================================================== Page 76 ================================================== April 14, 1975 DISSERTATION ON PROCEDURES FOR OPENING CLOSING AND MAINTAINING DOMESTIC SECURITY CASES IN PENDING STATUS FBI authority to investigate domestic security cases: is derived from numerous criminal statutes ana Presidential Directives and Executive Orders 'concerning internal security and employee loyalty matters Procedurally, the Bureau opens continues and closes 'such cases on the basis of these Legal considerations Upon receipt of a fact situation from any N 0f a myriad of sources an Agent must necessarily make a judgment as to whether this 'situation appears to fall within the scope of FBI jurisdiction_ ly More specifically, domestic security investigations are initiated when allegations clearly indicate a person 1 either as an individual or as 23 member of a group 1 acts J to unlawfully alter the Government in violation of the Smith Act, the Rebellion or Insurrection Statute , the H 5 3 Seditious Conspiracy Statute, or other related enactments _ Special emphasis is placed on those engaged in violent [ furtherance Of such illegal acts A full investigation 3 1 continues SO' long as these indications of illegal activity exist_ When allegations 'do not clearly indicate that activities on the part of an individual fall within this jurisdictional area, self-imposed regulations require that 2 II preliminary investigation MI be conducted This inquiry consists: '0f obtaining information from established sources (such as records maintained by police departments 1 local governments and private agencies) : informants ; public source information; and FBI records These investi- gations are limited to 90 days during which an honest effort is made to distinguish as soon as possible between legitimate political activity and illegal acts. If more than 90 days are required to resolve this question authority to exceed this period must be obtained from FBI Headquarters _ In seeking this extension a full statement must be made 0f the allegation, the jurisdictional authority involved , and facts that appear to justify the continuance NW 88296 Docld: 32989532 Page 76 ================================================== Page 77 ================================================== When an allegation is receivea that a group may fall within existing jurisdictional criteria FBI Headquarters is immediately notified and a "preliminary investigation H along the lines already indicated is undertaken Again approval from FBI Headquarters must be obtained to continue this I 'preliminary investigation" beyond 90 days to resolve whether jurisdictional standards are met. If met, a full investigation is conducted upon approval by FBI Headquarters Internal security investigations are also conducted on the basis Of specific instructions from the Attorney General (pursuant to Presidential Directives) to the Director of the FBI _ Until the instruction is complied with, these matters remain pending. Every effort is made to maintain proper administrative control over domestic security investigations and to insure full compliance with the law In this regard_ Bureau rules require Agents to limit investigations to relevant matters Supervisory personnel in the Field and at FBI Headquarters review the progress and relevancy 0f these investigations and reports are forwarded to the Department of Justice Agents also receive legal instruction on a continuing basis in order that they may be fully able to recognize relevance and safeguard individual rights _ These Bureau procedures have been devised in an honest effort to carry out with maximum effectiveness and propriety our vital domestic security responsibilities _ Over the years the FBI has handled these responsibilities and protected the domestic security Of our Nation with great dedication and 1 I believe with great distinction We will continue to vigorously carry out these duties with all due regara for individual rights and liberties _ I believe the procedures I have outlined are in full accord with this purpose. 2 NW 88296 Docld:32989532 Page 77 ================================================== Page 78 ================================================== OPTIONAL FORM No, 10 5010-106 MaY 1962 EDITION GSA GEN: Reg. No.[27 UNITED STA GOVERNMENT Assoc. Dir. AD Adm. Dep. AD Inv. Memorandum Asst. Dir.: Admin. Comp. Syst. Ext. Affairs TO Mr _ J. B. Adams DATE: 4t1/75 Filos & Com. Gen. Inv. Ident. Ins pection FROM Mr . W. R. Wannall? Intell: 'H:b& Selacd 'Tk Laboratory Plan. & Eval Spoc. Inv. SUBJECT: CONGRESSIONAL TESTIMONY 871 T.udb4 ir ; Training Logal Coun. Tolephone Rm. Director Sec'y The purpose of this memorandum %is to enclose a paper concerning the opening , closing and maintenance of domestic security cases in pending status requested a8 set forth in memorandum to Mr Callahan from Mr_ Adams of the same caption dated 3/7/75 . 62-1164535-55 Referenced memorandum instructed that the paper was to be non- technical and in a form easily understood for purposes of argument_ Legal Counsel Division and writers in the External Affairs Division are to be contacted to coordinate legal aspects and preparation of final paper respectively _ 1 ACTION: Legal Counsel Division review attachment for legal considerations _ External Affairs Division review for preparation of final paper { Enclosure ALL: (9) vbv/ 1 5 Mr . N. P . Callahan Rv 0 3? 1 - Mr_ J. B_ Adams 1 ~ Mr _ T . J. Jenkinse X 1 t Mr _ D. W. Moore Jr 3 1 ~ Mr . J . A Mintz S 1 = Mr W . R. Wannail 35' # 1 5 Mr _ A. B_ Fulton J 1 5 Mr A. L. Lacey ,Jr _ 4 RFC28 64-1L0324-3Y VJI #xa MnY 131075 'TYJVI' NW 88296 Docld:32989532 Page 78 Dop: (cw WeJ) } Ttp moeig det Ak CONTAINED Fi-32 4 00: K~# HLrhs TNTORI: 4? )you ================================================== Page 79 ================================================== DISSERTATION ON PROCEDURES FOR OPENING CLOSING AND HAINTAINING DOMESTIC SECURITY CASES IN PENDING STATUS The FBI opens_ continues pending investigation_ and closes domestic security cases based on legal considerations _ The Bureau is cherged with the investigation of violation of numerous criminal statutes as well a8 duties imposed by Presidential Directive8 and Executive Orders concerning internal security and employee loyalty matters _ The procedure for handling such investigation is dictated by the facts and circumstances 0f each case _ Upon receipt of & fact situation from any of & myriad of sources, the Agent must necessarily mgke & judgment to determine whether these facts reasonably indicate an activity felling within the scope of the FBI'8 jurigdiction _ 1 Domestic security investigations are initiated regarding individuals when allegations establish that he , individually or &8 &n active group member 9 acts to unlawfully alter the Government in violation of the Smith Act, the Rebellion or Ingurrection Statute the Seditious Conspiracy Statute , or other 1 related enactments _ Special emphasis i8 placed on those practicing action H or violence in furtherance of their goal. If the allegation show8 facts clearly within the scope of thege statutes_ 4 full investigation is conducted and continues L SO long &8 facts exist to indicate & reasonable possibility that these ends could ? be achieved . L 6 1 In some instances allegations regarding the individual do not 8 clearly fell within the scope of authority _ Self-imposed restraining regulations require that such inquiry be limited to a "preliminary investigation" consisting of contacts for informational purposes only with established sources } such a8 police bureaus , records departments of local governments } and private record sources; informants; public source information; and Bureau records_ These investigations are limited to 90 days _ An earnest effort is made to distinguish as soon &S possible between mere unorthodox political views or dissent on the Assoc. Dit . one hand and revolutionary and/or criminal activity on the other . If to exceed Dep. AD Adm. 90 days 2 report is made to FBI Headquarters gpecifically stating the allegation AD Inv. Asst. Dira: the jurisdictional authority and such facts &8 would justify continuance of the Admin. investigation _ A concurrence of Headquarters is necessary for continuance Comp. Syst. Ext. Affairs Files & Com, When an allegation is received that & group may fell within the Gen. Inv. Ident . jurisdictional criteria , Headquarters is immediately notified and investigation Inspection is limited to the "preliminary investigation" a8 described above _ investi - Intell. Laboratory Plan. & Eval: Pen Spec. Inv. ALL:vb (i f= SEE NOTE PAGE TWO Training Legal Coun. Telephone Rm. Director Sec'y MAIL ROOM TELETYPE UNIT NW 88296 Docld:32989532 Page 79 6_ 37 -13 8 Dep: w9 Any ================================================== Page 80 ================================================== gation beyond that i8 made only upon approval by Headquarters_ If such continuance is approved, investigation continue8 to resolve whether juris- dictional standerdg are met- If met , and Headquarters' approval obtained , @ full investigation i8 conducted _ Apart from these situatione } specific instructions from the Attorney General pursuant to Pregidential Directives , to the Director of the FBI concerning matters of internal security are the basis for investigetions _ Until the instruction is complied with } these matters remain pending _ Bureau rules require &n Agent to limit investigations to relevant matters _ Field office and Headquarters supervisors review the progress and relevancy of investigations and reports are forwarded to the Department of Justice . The FBI is ever aware of and controlled by court decisions interpreting the Iaw Agents receive continuing legel instruction in order to recognize relevance and the right8 0f persons under the law These regulatory procedures are the means by which the FBI implements the responsibilities imposed by the statutes 3 Presidential Directives , and orders ot the Attorney General _ An examination of the domestic security problemg confronting this Nation would reveal that_ a8 early a8 1936 , concern arose over "Fifth Column" activities of Communists and Fagciste and continued through WW II . This concern has evolved t0 Other threats through the years_ } such a5 the foreign-dominated Communist influence in America during the Cold War the Ku Klux Klan's interference with the rights of others 1 the turbulent anti-Vietnam Wer demonstrations the urban ghetto riots , and the rise of the racially-oriented organizations preaching revolution and their more violent splinter groups praoticing open guerrilla warfere _ The FBI . charged by statute and supplemented by Directives to investigate such matters in order to fulfih the duty promulgated the investigative procedure for & dual purpose_ The FBI recognizes not only the duty t0 investigate to preserve the Constitution_ but the fact the Constitution delineates zones 0f privacy and individual liberties _ These regulatory procedures speak reasonably to both . NOTE: See memorandum Mr _ W . R. Wannall to Mr _ J_ B_ Adams 9 dated 4/1/75 , captioned "Congressional Testimony 1 prepared by ALL: vb # 2 ~ NW 88296 Docld: 32989532 Page 80 ================================================== Page 81 ================================================== DISSERTATION ON PROCEDURES FOR OPENING CLOSING AND MAINTAINING DOMESTIC SECURITY CASES IN PENDING STATUS The FBI opens continues pending investigation_ and closes domestic security cases based on legal considerations _ The Bureau is charged with the investigation of violation of numerous criminal statutes , as well as duties imposed by Presidential Directives and Executive Orders concerning internal security and employee loyalty matters _ The procedure for handling such investigation is dictated by the facts and circumstances of each case Upon receipt of a fact situation from any of a myriad of sources _ the Agent must necessarily make a judgment to determine whether these facts reasonably indicate an activity falling within the scope of the FBI'S jurisdiction Domestic security investigations are initiated regarding individuals when allegations establish that he, individually or &8 an active group member acts to unlawfully alter the Government in violation of the Smith Act, the Rebellion or Insurrection Statute the Seditious Conspiracy Statute , or other related enactments _ Special emphasis is placed on those practicing action or violence in furtherance of their goal_ If the allegation shows facts clearly 1 within the scope of these statutes a full investigation is conducted and continues SO long a8 facts exist to indicate & reasonable possibility that these ends could be achieved . l In some instances allegations regarding the individual do not L clearly fall within the scope of authority _ Self-imposed restraining regulations require that such inquiry be limited to a "preliminary investigation" consisting Hq of contacts for informational purposes only with established sources 5' such a8 p police bureaus records departments of local governments and private record sources; informants; public source information; and Bureau records These 3 Iz investigations are limited to 90 days An earnest effort is made to distinguish as soon as possible between mere unorthodox political views or dissent on the one hand and revolutionary and/or criminal activity on the other _ If to exceed 90 days , & report is made to FBI Headquarters specifically stating the allegation , the jurisdictional authority and such facts a8 would justify continuance of the investigation _ A concurrence of Headquarters is necessary for continuance When an allegation is received that a group may fall within the jurisdictional criteria Headquarters is immediately notified and investigation is limited to the "preliminary investigation" as described above _ investi- NW 88296 Docld:32989532 Page 81 Any ================================================== Page 82 ================================================== gation beyond that is made upon approval by Headquarters _ If such continuance is approved_ investigation continues to resolve whether juris- dictional standards are met _ If met, and Headquarters' approval obtained , a full investigation is conducted _ Apart from these situations specific instructions from the Attorney General, pursuant to Presidential Directives _ to the Director of the FBI concerning matters of internal security are the basis for investigations Until the instruction is complied with = these matters remain pending - Bureau rules require an Agent to limit investigations to relevant matters _ Field office and Headquarters supervisors review the progress and relevancy of investigations and reports are forwarded to the Department of Justice _ The FBI is ever aware of and controlled by court decisions interpreting the law Agents receive continuing legal instruction in order to recognize relevance and the rights of persons under the law _ These regulatory procedures are the means by which the FBI implements the responsibilities imposed by the statutes Presidential Directives and orders of the Attorney General _ An examination of the domestic security problems confronting this Nation would reveal that 2 as early as 1936 , concern arose over "Fifth Column" activities of Communists and Fascists and continued through WW II _ This concern has evolved to other threats through the years , such as the foreign-dominated Communist influence in America during the Cold War the Ku Klux Klan's interference with the rights of others the turbulent anti-Vietnam War demonstrations the urban ghetto riots and the rise of the racially-oriented organizations preaching revolution and their more violent splinter groups practicing open guerrilla warfare _ The FBI charged by statute and supplemented by Directives to investigate such matters in order to fulfill the duty , promulgated the investigative procedure for & dual purpose _ The FBI recognizes not only the duty to investigate to preserve the Constitution but the fact the Constitution delineates zones of privacy and individual liberties _ These regulatory procedures speak reasonably to both 2 NW 88296 Docld:32989532 Page 82 only ================================================== Page 83 ================================================== OPTIONAL No. 10 5010-106 1962" Fomiox 338 GEN ReG . 27 UNITED STATES ERNMENT Assoc. Dir. 7 Mr . J. Ba Adams ABiNY Adm Memorandum 1 Mr _ T_ J. Jenkins ABar DAD: (Enclosures 2) Syst. TO - J_ B_ ADAMS DATE: 7 , 1975 fext: Affairs Files & Com. Gen. Inv. 1 Each Assistant Ident. FROM LEGAL COUNSEL Director Inspec Intell Loboratory W 0_ Cregar Plan. & Eval SUBJECT {SENSTUDY 75 i Mr; J. B. Hotis Sroizitav Mr. P. V_ Telpphane Rm 1 Mr . S. F. Phillips Director Sec 3 01gi Re my memorandum to you 5/5/75 enclosing a request from the Senate Select Comittee (SSC) for additional information_ Attached to the copies of instant memorandum for Messrs_ Jenkivss W Ash, Moore, and White are copies of the referenced memorandum an its enclosure_ The following is to delineate individual responsibile 0 and assignments for securing the information requested by the SBCI Because the request covers areas of operations affecting all 4X 3 U Divisions of the Bureau except Office of Planning and Evaluation (OPE) 9 it will be necessary that the very closest coordination and maximum of coperetign be effected in order to implement the SSC kh request _ 7 3 1 furnishingIEobandlisd SSC chiv varequesfectichs- deslt therianualyoFith 3 J Instructions and Manual of Rules and Regulations as well as 8 mation concerning our filing system, and particularly cepiies of a Bureau forms_ 9 we should bear in mind that there are aveilable < 1 1 three options for consideration _ is to the requested information or documents _ is to not furnish the documents but merely permit their review at FBIHQ. A third option availabl is to set forth justifying data to support a denial of furnishing the information or documents _ Of cour in furnishing any docu - ments, we should bear in mind the option of excising sensitive information_ REC-4@ Ilb In delineating the specific responsibilities for the various Divisions, we are designating the Division having_primary interest as the one the necessary material and are 3 MaY 62-116395 1/"7 _ PVDSFP :ekw (20) Cpv CONT INUED OVER 0 & MAY 22 1975 ME 20 1975 NW 88296 Docld:32989532 83 ;o. Dep. Admin: Comp: May Daly 1 give One , Two , se , 3767-133 extflGrepaze Lem, Page ================================================== Page 84 ================================================== Memorandun to Mr J Ba Adams RE : SENSTUDY 75 62-116395 indicating in most instances what other Divisions would have an input to furnish the primary Division_ Even if auxiliary Divisions are not designated for input purposes, if the primary Division desires the views of another Division, it should obtain same prior to prepar the material_ Because of the involved coordination necessary , it is requested that each Division except OPE designate a representative to appear at a conference at 10:00 A.M. 5/9/75 in the Intelligence Division Conference Room, Room Roomd46i7s JEH Building, where the details for preparation of the nece ssary material will be discussed_ The following are the assignments corresponding with the 4/30/75 SSC memorandum and its appendices which deal with four main requests_ (1) The portion dealing with Superseded Sections of the Manual of Instructions will be handled by the Training Division which will gather all of the necessary information from Bureau files after which Intelligence Division will review and make a final determination as to the necessary response to the SSC _ (2) Concerning Sections of the Manual of Instructions Not Previously Produced and the corresponding Appendix B, the following assignments are made _ Section Subject Assignment Surveillances &nd Raids (Training Division with input to be supplied by the three investigative Divisions _ Note should be taken that this Section was previously made available to GAO in connection with its audit of Bureau operations _ 8R Data Processing Section, (Computer Systems Division) Computer Systems Division CONT INUED G OVER 2 NW 88296 Docld:32989532 Page 84 ing ================================================== Page 85 ================================================== Memorandum to Mr J_ B_ Adams RE: SENSTUDY 75 62-116395 Section Subject Assignment 19 Applicant and Employee (Special Investigative Division) Investigations Conducted (SID) for Other Agencies 23 Bomb Threats, Explosives (Intelligence Division) (INTD) and Incendiary Devices 27 Civil Rights (General Investigative Divis ion) (GID) 28 Civil Rights Act of 1964 (GID) 29 Conspiracy (GID with input from INTD and 'SID) 75 Neutrality Matters (INTD) 78 Passports and Visas (GID) 90 Selective Service Act (SID) 102 Coordination with Other (INTD with input from GID and Government Agencies SID)_ 103 Foreign Police Coopera- G (INTD) tion 134 Assaulting the President (GID) of the United States and Threats to the President of the United States 136 Antiriot Laws INTD) 144 Police Killings (GID) 146 Protection of Foreign (INTD with input from GID) Officials and Official Guests of the United States 3 CONT INUED e OVER NW 88296 Docld:32989532 Page 85 ================================================== Page 86 ================================================== Memorandum to Mr _ J_ Bs Adams RE : SENSTUDY 75 62-116395 (3) Concerning the Manual of Rules and Regulations and Appendix C, the following 'assignments are made _ For Part I, Section 9 Disciplinary Matters' (Administrative Division) For Part II, Section 1 Authority Training 6 Submission of Information (Training Division) ; Section 2 Supervision Availability' Resident Agencies (Administrative Division) ; Section 3 Administration of Offices (Files and Communications Division with input from Administrative Division. Computer Systems Division will supply the input for 3F) Section 4 Communications (Files and Communications Division with input from the following Divisions: Administrative, INTD , GID, SID, Legal Counsel and Computer Systems.Division) Section 5 Dissemination Of. Information (GID with input from INTD and SID) ; Section 6 Publications Press and Public Contacts (External Affairs Division) ; Section / Payments Property (Administrative Division with input from Computer Systems Division) ; Section 8 Miscellaneous Regulations (SID with all other Divisions except OPE furnishing appropriate input) ; Section 9 Classification Character Copies Abbreviations (Training Division with all other Divisions except OPE furnishing appropriate input)_ (4) Concerning Filing System; Files and Communications Division will handle with necessary input from Training Division concerning the request pertaining to all Bureau Forms_ This matter must be given priority, expedite attention by all Divisions bearing in mind that on the one hand , it is absolutely imperative that the review and study be of high quality, and that on the other hand, there be no delay which could result in criticism of 'the Bureau for not responding promptly to the SSC . RECOMENDAT IONS: (1) Assignments to be handled as indicated above _ 4' - CONT INUED OVER NW 33796 TW2868 ================================================== Page 87 ================================================== Memorandum to Mr. J. Ba Adams RE : SENSTUDY 75 62-116395 (2) Representatives of all Divisions except OPE attend coordinat conference 10:00 A.M, 5/9/75, Room 4017 , JEH Building Rzm 2} 5 5 NW 88296 Docld:32989532 Page 87 ing JB#lpvo a ================================================== Page 88 ================================================== OPTIONAl fOrM No; 10 sqi0-106 MaY 1962 EDitioNg GSA GEN_ REG . No: 27 UNITED STATES GC NMENT Assoc. Dir . Dep. Dep: ABattz^ Memorandum Asst. Dir.: Admin. Syst. Ext. Affairs TO Mr _ J. B. Adams DATE: 5/6/75 Files & Com. Gen. Inv. Ident. Inspection FROM Legal Counsel Intell: Laboratory Plan. & Eval_ Spec. Inv. SUBJECT : SENATE SELECT COMMITTEE IS BY Trajhing ON INTELLIGENCE ACTIVITIES LegdL Gay Rm. Dilotersc Soc'y Hi+i8B1 From 10:30 a.m until 2.45 p. m_ on 6, 1975, Inspector John B. Hotis and I met with Frederick Schwarz, General Counsel to the Senate Select Committee, Committee staffers Burt Wides , Pat Shea and Mike Madigan, and CIA representatives Marvin Smith and Walter Lloyd. I arranged to attend this conference in an effort to resolve: with: the Committee staff the procedures that would be followed during interviews of current and former FBI employees by staff representatives Interviews have been conducted in the recent past by representatives of the-Committee and in the absence of any general understanding a8 to the procedures we have been advising those persons coming to our attention as prospective witnesses that they may request the presence of a Bureau representative during the interview_ Committee staff members have objected to the presence 0f Bureau representatives and have insisted that the interviews proceed in the abegac (@f any esentative_ "REc3jepre -16315 - At the outset of the meeting today 9 it became clear that 'Schwarz, speaking for the members of the Senate Select Committee and for the staff, was opposed to the presence of agency representatives during interviews concerning matters which they described as 'abuses_ If Schwarz explained that the Committee has a responsibility to look into allegations 0f misconduct or abuse in addition to a broader study of the jurisdiction and operations of the intelligence community_ He said that while there would be a willingness on their part to have agency representatives present during-interviews concern- general inquiries regarding jurisdiction, they felt that it would be improper and would interfere with the integrity of their investig4 io24976 third parties were present during interviews concerning" misconduct 1 4 Mr _ Wannall 6 1 F Mr _ Hotis 1 Mr _ Mintz Cs 7 843ds7iF5 CONTINUED OVEEY NW 88296 Docld:32989532 88 Comp: dlig Xm" CONTAINED ankdie INFORMATION IESYBCEASSTRR Sea ALL HEREIN DA TE May ing IECAL ! Page ================================================== Page 89 ================================================== Memorandum to Mi Adams Re: Senate Select Committee, etc. Schwarz offered as an alternative that the agencies would be advised of the identity of persons to be interviewed and that prior to the interview the agency would contact the witness to explain the authority, the security arrangements made by the Committee for the protection of information, to authorize the wtness to answer questions where the witness was bound by a secrecy agreement, and to caution the witness concerning matters of a sensitive nature which should be deferred for dis cussion with members of the Committee or with the Chairman 0f the Committee_ I pointed out to Schwarz that unless the FBI was given notice as to the specific subject matter of the interview to be conducted, we would find it most difficult to intelligently assess the sensitivity Of the information that might be furnished by the witness_ The CIA representatives expressed great alarm that an interview could disclose information without some prior assessment of the potential damage to intelligence collection techniques and sources _ As to these points _ Schwarz stated that he would discuss with the members of the Committee a revision of their nitial proposal that would include notice to the agency of the identity 0f a person to be interviewed plus a generic description Of the subject matter of the interview followed by a contact by the agency with the prospective witness to assess the sensitivity of the information and to advise the witness of areas Of inquiry that must be deferred for special handling by designated members of the Committee or of the Committee staff Following that contact the Committee representative would proceed to conduct the interview with the understanding that the agency representative would be near-by and immediately available for consultation should the witness have concern as to the degree of sensitivity of information he was being asked to furnish. At the conclusion of the interview, the Committee would make available to the agency a summary of the notes taken during the interview but a transcription of the interview would not be made available either to the agency Or to the witness interviewed. Schwarz stipulated that there may be occasions when the Committee would reserve its right to interview an individual, whether a current employee or @ former employee, in secret in order to protect the interview or to insure the completeness and accuracy of his information. I asked Burt Wides whether they had any basis for that concern and he indicated that they did have such a basis, but declined to specify the details _ L 2 S CONTINUED 4 OVER NW 88296 Docld:32989532 Page 89 ================================================== Page 90 ================================================== Memorandum to Mr _ Adams Re: Senate Select Committee Inspector Hotis asked whether the on-going interviews would be delayed pending resolution of the differences concerning procedures _ Schwarz replied that the interviews will proceed due to time factors _ I then requested Schwarz to expedite his discussion with the members of the Committee, to state their proposals in writing in order that we could review them in specific detail, and to let me know a8 soqas their proposal a8 approved by the Committee was available for discussion. He agreed to do so and said that probably this could be accomplished by Thursday, May 8, 1975. OPINON It was my impression in dealing with Schwarz that he is making an honest effort to conduct the Committee inquiry reasonably and that he is concerned about the public acceptance of the Committee's final product: His concerns about the integrity of the investigation are Similar to those thatEwould express about an FB investigation_ His insistence that interviews of individuals concerning possible misconduct be done alone with the witness appear to me to be reasonable to insure the integrity of their investigation_ The compromise we discussed (they would identify the witnesses to uS prior to interview and tell us the proposed subject matter of the interview and allow us to consult with the witness prior to interview) seems to be a practical solution to our mutual problem_ This solution is not as acceptable to CIA due to their greater need for protection of their covert operations_ 9 sources and methods_ The Committee bas available to it the subpoena power the authority to conduct public hearings and a good deal of support by public opinion. Therefare, I conclude that the Committee is likely to discover the full details of events concerning which they inquire whether the FBI cooperates or appears to be reluctant. As to those areas 0f legitimate concern because of their sensitivity in terms of productiqof informants or sources and methods of gathering national security intelligence, the Bureau can properly expect an opportunity to provide protection for the information _ If the procedures suggested above are operated in good faith on both sides, the Bureau would be given notice a8 to the subject matter to be discussed prior to the interview and research could disclose the areas of sensitivity and rappropriate action taken to caution the witness against disclosure of such information_ 5 3 5 CONTINUED 4 OVER NW 88296 Docld:32989532 Page 90 ================================================== Page 91 ================================================== Memorandum to Mr Adams Re: Senate Select Committee RECOMMENDA TIONS: That until procedures are established with the Committee the Bureau continue its present practice Of advising prospective witnesses upon their request that they have a right to consult with a Bureau representative during interview_ 2 _ That further discussions of this matter with the Committee await the receipt of their proposed guidelines in writing after approval by members 0f the Senate Select Committee_ pa Qly T 4 - NW 88296 Docld:32989532 Page 91 Ile Dv ================================================== Page 92 ================================================== OPTIONAL fORM No. 10 5010-106 MAY 1962 LUITIoN %34 GEN: Reg. No. 27 UNITED STATES GOVERNMENT Assoc. Dir. Dep. AD AJri Dop Memorandum Asst. Admin Comp: Syst. Ext. Affairs TO Mr _ J. B_ Adams DATE: 5/5/75 Files & Com. Gen. Inv. Idont. Inspection FROM Legal Couns- 'Intell; Laboratory Plan. & Eval. Spec. Inv. SUBJECT- SENATE SELECT COMMTTEE IS jing ON INTELLIGENCE 427782) Felephone Rm. 'Director Sec'y Hu bx This morning the Director asked me to inquire into the status f our understanding with the Senate Select Committee as to whether_ FBI representatives would or would not be present at interviews of former Bureau employees or current Bureau employees _ The Director was concerned that the presence of a Bureau representative could be criticized as an attempt to interfere with the Committee's inquiries _ Iassured the Director that the purpose of such representatives being present was to assist the interviewer and the witness in determining areas of inquiry of particular sensitivity Or that might concern a current Bureau operation _ The Director agreed that such was an appropriate reason for the presence of a Bureau representative and asked me to consider preparing a letter addressed to Senator Church stating our desire to make available a Bureau representative and the reasons fot the presence 0f such a Bureau representative_ As a result of a conference with representatives of CLA, Roderick Hills of the White House Counsel staff _ 2 and others_ 2 it was determined that Walter Lloyd of the CIA Legal Staff would continue negotiations with the Committee in behalf of the entire intelligence community to develop procedures concerning the interview of witnesses and the presence of agency representatives at such interviews_ Mr _ Lloyd was scheduled to meet with Frederick Schwarz, Counsel to the Committee, on Tuesday, 6, 1975, to discuss such arrangements _ I scheduled Exl0s' JippoimREGa? with"the Deputy "9.766,/844 and met with him at 5:00 p.m_ on May 5, 1975, accompanied by Inspector John B. Hotis . I told the Deputy Of our concern that the interviews by the Senate Committee are continuing even though no understanding has been reached by the Committee and_the_intelligence community I told the Deputy that the Director would like to have some 3 RAY 13 1975 1 5 Mr _ Wannall 1 T Mr _ Hotis &ox 1 4 Mr . Mintz CONTINUED E OVER JAM:mfd (5) 8 @ MAY 2 1 1975 NWV 88296 Docld: 32989532 Page 92 I COMTAQoLIG SuSeenule UNCLA SSIFIED; ITION INFCRMAS J 4oL ALL HEREIN DATE May 3 IEGAL ================================================== Page 93 ================================================== Memorandum to Mr Adams Re: Senate Select Committee on Intelligence Activities lformal understanding with Senator Church as to the Bureau 's position in regard to such interviews _ Ireminded the Deputy that our sole concern was to make a representative available to assist in the interviews in the event touched upon sensitive areas and by no means was our interest to be understood to be an effort to interfere with the Senate Committee's inquiries The Deputy said he fully understood our position and agreed. He asked me whether [ would be willing to agree to hold off on formal notification to Senator Church until the negotiations to be conducted by Mr Lloydc could be concluded. I told the Deputy I would agree to that on the condition that I and also Inspector Hotis would participate in the discussions by Lloyd with the Committee representatives _ The Deputy Attorney General said that he fully concurred in my condition and if there developed any difficulty in making such arrangements, he would assist lin seeing that it was accomplished. Inspector Hotis advised that Schwarz, the Committee counsel, has arranged a meeting on Wednesday morning, May 7, 1975, with Assistant Attorney General Scalia of the Office of Legal Counsel of the Department . We will also be represented at that meeting. The Deputy Attorney General told me that he had been advised by Schwarz that a former Bureau Agent, Leo Clark, had objected to the fact that a Bureau representative had contacted him and had indicated a willingness to be present during Clark's interview by the Committee_ Iagain assured the Deputy that our sole purpose in contacting Clark was to be available in the event a Bureau representative was needed to discuss matters of a sensitive nature or matters concerning current Bureau operations _ The Deputy said he understood and Clark's complaint was likely the result of a misunderstanding. RECOMMENDATION: For information. K 2 ~ NW 88296 Docld: 32989532 Page 93 they & / ================================================== Page 94 ================================================== 2 = Mr . S. F. Phillips 16, 1975 MATERIAL FOR SENATE SELECT COMITTCE (SSC) INVESTIGATING ITELLIGENCE ACTIVITIES 1 TITLE/ SUBJECT : Legal Authorities of the FBI 2 _ ORIGIEIATIG ORGANIZATION: FBI 3 NATURE OF MATERIAL: Letcerhead memorandun (ZIC) Tith enclosures described below_ 6 DOCUMZTT CLASSIFICATION: Unclassified 5 WATIONAL SECURITY INFORMAT IO: STA: IA 6 _ SUMMARY OF COMTETTS: In response to a request Erom the SSC for certain documents and othcr information, an IIM Tas subnitted as 2 cover commuinication to furnish the SSC copics Of the follotring A docunents. Je 1 An internal FBI menoranaum dated 5/16/72 captioned "FBI Jurisdiction; Criminal Intelligence Infornation. 1i 8 3 3 1 2 _ An internal FBI nemorandun dated 5/18/72 coptioned "FBI Authority in Donestic Intelligence it 3 P Matters _ 3_ 4 study on subversion prepared for former Acting FBI Director Louis Patrick Gray III dated 5/19/72. Assoc. Dir. AD Adm. 4 memorandum from the Director 0f the FBI to AD Inv. Asst. Dir:: the Attorney General dated 8/7/73 recomending the Admin. issuance 0f an Executive Order concerning the conduct Systa Ext. Affoirs of domcstic intelligence VgGEtffEEiohi Files & Com. REC-Iod& Gen. Inv_ 62-116395 Ident. Inspection SFP : ekw (4) 3 MAY 16 Intell. Laborotory egu) S_STI-NOTT_PAGE TTO Plan: & Eval: Spec. Inv. Training Legal Coun. Tclephone Director Sec'y MAIL ROOM TELETYPE UNIT cfPo %31-34, N8a8298A32218232975532 94 May 1 Dep. Dep: Comp. 1975 Rm. Page ================================================== Page 95 ================================================== 7 . REQUESTER/ DATE OF REQUEST: S3C . 3/19/75 8 , RELEASIEG AUTHORITY ; FBI 9_ DATE OF SUBMISSIONT: 4/22/75 10 . IOCATIO.Y OF FILE COPY : FBI file 62-116395-83 11. RELATION TO INTELLIGENCE COMUNITY PROBLEMS ; None . NOTE: Original via liaison to Central Comunity Index in connection with Senstudy 75 _ NWV 88296 Docld:32989532 Page 95 ================================================== Page 96 ================================================== OPTIONAL_form No. 10 5010-106 MAY 1962 EDItIon 6s4 GEN: REG. NO. 27 UNITED STATES GOVERNMENT Assoc. Dir. DepF D Adm Dep lny Memorandum Asst Admln. cUmp. Syst. Ext. Affairs TO Mr_ J. B Adams DATE: 5/7/75 Files & Com. Gen. Inv Ident. Inspect FROM Legal Couns- eliv Inte! FcymZ IS BZ_S& Laboratory Jol Plan. & Eval: Spoc. Inv. SUBJECT : SENA TE SELECT COMMITTEE Trainin LegaL ON INTELLIGENCE TelepHone Rm, Director Sec'y At 5:05 p.m_ on May 6, 1975, I went t theWWhite House YHetiil to meet with Mr _ Philip Buchen, Counsel to the President; Roderick Hills , Associate Counsel;James Wilderotter , Assistant Counsel; Assistant Attorney General Scalia, Office of Legal Counsel in the Department; John Clark, Associate to the Director of CIA; Walter Lloyd and Marvin Smith of CIA _ The meeting was called by Mr _ Buchen to discuss the developments that_ with regard_to the proposal that agency representa - tives would be present dur interviews conducted by investigators 0f the Senate Select Committee staff _ At a meeting held earlier that the General Counsel of the Senate Select Committee had indicated that the Committee disapproved of the presence of agency representatives at interviews concerning alleged 'abuses _ Ti I explained to Mr Buchen the alternative proposal offered by F.A.0_ Schwarz to the effect that agencies would be furnished the identities of proposed witnesses, the subject matter of the proposed interviews, and permitted an opportunity to review the subject matter and' consult withr the witness to advise him of sensitive areas that would require special treatment. John Clark agreed that in regard to interviews concerning abuses , it would seem to be necessary for the Committee to proceed with the interview without an agency representative present. After general discussion of the proposal by Schwarz, the meeting concluded with instructions by Mr _ Buchen to Wilderotter to draft & statement that might be incorporated into a letter to be addressed to the Committee explaining the Administration's position. The elements of the proposal would be that as a general rule, agency representatives would be present during interviews concerning matters that were not categorized a8 abuses and in those exceptional cases 7 Lc32 1 B Mr _ Wannall 1 5 Mr . Hotis 15 MAY 13 1975 1 ~= Mr . Mintz JAM:mfd (5)_ CONTWNUED RXEFedonSFL/ 8 4 MAY 2 0 1975 #. UNr} NW 88296 Docld: 32989532 Page 96 CONZAINBEMdeig a INFCRMATION Jntba UCLASSIFIDD ALL HEREIN PATELhq day ing day, REsc::IQG Elw ================================================== Page 97 ================================================== Memorandum to Mr _ Adams Re: Senate Select Committee on Intelligence where abuses would be the subject of interviews 2 the agencies would be given prior notice of the identities of the witnesses and of the subject matter of the interview, plus an opportunity to consult with the witness prior to the interview_ Mr _ Buchen also asked that the Committee be requested to provide a letter in each instance identifying the alleged abuse as the subject of the interview and indicating Committee approval of that inquiry_ The objective Of such & requirement would be to clearly identify those interviews characterized as "abuses "' interviews which would require the absence of an agency representative during the actual interview. I wa $ also asked to contact Schwarz to insure that he would not present to the Committee his counterproposal during the regular committee meeting on Wednesday, 7 , 1975 . The purpose of such a request was to avoid the Committee adopting a final proposal regarding interviews prior to the Executive having an opportunity to express its position: On the morning of May 7, 1975, we spoke with Schwarz, requested him to refrain from offering his counterproposals to the Committee for approval_ 9 and in response to his request explained to him that the reason was that the proposals were under discussion and it was necessary for all agencies in the intelligence community to be involved in the determination whether the alternative procedures would be acceptable_ Mr _ Schwarz agreed to refrain from offering his counterproposals to the Committee today. At approximately 10.25 a_ m_ on May 7th, I called Wilderotter and asked what the progress of his preparation of the proposed letter was _ He told me that there would be no letter addressed to the Committee because the White House did not desire to escalate this matter and g0 over the head Of the Committee counsel. I told him thatree was extremely concerned at the inaction which has resulted thus far inF BI in an indefensible position in regard to interviews Of former' employees _ I explained to him that the Committee has not advised uS of the interviews that have been conducted and we have learned Of them only by calls from the witnesses _ I told him that the interviews are still continuing because at the meeting on May 6, 1975, we expressly requested the Committee counsel to dis - continue the interviews temporarily until guidelines could be established and the Committeglenggessly refused to do so. I told Wilderotter that this morning I received a call from John P_ Mohr 9 former Assistant to the Director who has broad knowledge 2 3 CONTINUED 7 OVER NW 88296 Docld:32989532 97 May being Page ================================================== Page 98 ================================================== Memorandum to Mr _ Adams Re: Senate Select Committee o Intelligence of FBI matters, in which Mohr told me that he has been called to be interviewed at 10:00 a_ m on Friday, May 9, 1975, at Room G-308 in the New Senate Office Building. Mark Gittenstein was identified as the interviewer I told Wilderotter this concerned me because we have no basis on which to advise Mr . Mohr as to the appropriate guidelines that may be followed during the course of such an interview and in the absence of knowledge of the subject matter 0f the interview we have no way Of counseling him a8 to sensitive areas that should be deferred for discussion with members of the Committee Or with the Chairman Of the Committee_ Wilderotter said he understood my; concern but he saw no way in which the matter could be resolved in time for guidelines to be established for the Mohr interview. He told me he would work on the preparation f a position paper to be used by the White House and the intelligence community to establish a policy that could be discussed with the Committee_ Inspector Hotis and I then at approximately 1l:10 a.m_ went to a conference already in session in the office of Assistant Attorney General Scalia attended by representatives of the CIA, Department of Defense, NSA, Department of State and the Department of the Treasury_ The other agencies were advised of the results of the meeting with the Senate Select Committee staff On 6, 1975, and a general discussion ensued as to the willingness of the agencies to agree to interviews in the absence of agency representatives . The representatives of the State Department, Mr _ Hitchcock and Mr _ Jennings , indicated that State was adamant that interviews would not be conducted in the absence of representatives_ I spoke privately with Assistant Attorney General Scalia and advised him Of my conversation with Wilderotter and 0f the fact that John Mohr had been called for interview on Friday, May 9 1975 . I told him of my great concern that Mohr's interview would be sensitive because of his broad knowledge of the Bureau and told him that it was essential that appropriate guidelines be developed concerning such inter- views as soon as possible. Scalia told me that he had just finished speaking with Wilderotter and he cshared my concern _ He then called Wilderotter and subsequently advised me that Wilderotter said that Wilderotter would immediately contact Schwarz to request at postponement of the interview 0f John Mohr pending the establishment of guidelines . In the event he would be unsuccessful, Roderick Hills and Philip Buchen would discuss the matter with Senator Church and Senator Tower _ T 3 ~ CONTINUED 7 OVER NW 88296 Docld:32989532 Page 98 May he, ================================================== Page 99 ================================================== Memorandum to Mr _ Adams Re: Senate Select Committee on Intelligence There was a general consensus of opinion at the meeting with the other agencies of agreeing that would await the development of the position paper by Wilderotter_ Walter Lloyd advised that another meeting with Schwarz and the Committee staff would be scheduled for Thursday, May 8, 1975 . Upon my return to my office, Wilderotter called me to report that he had been unsuccessful in having the Mohr interview postponed and further that Schwarz had advised him that he now feels that it would be inappropriate for agency representatives to be present at any interviews whether they concerned abuse or whether concerned general matters , and further that he felt that it would be inappropriate for the agency to be advised of the subject matter prior to the interview At that point, Mark Gittenstein joined the conversation with Schwarz & Wilderotter and advised Wilderotter that he intended to interview Mohr concerning "procedures and how paper moved in the Hoover days_ 3 N and this would constitute 90% of the interview_ The remaining 10% of the interview would concern Hoover's "0.C. Files _ 11 Further Gittenstein mentioned that he was aware that John Mohr is the Executor of Mr Tolson's estale and he may inquire concerning that matter _ Wilderotter said that there would be no further contact with the Committee concerning the Mohr interview and that we should assume the Mohr interview will proceed as scheduled: He said that he would suggest the Bureau contact Gittenstein to discuss any further details regarding the subject matter of the interview f Mohrad that we consider discussing with Mohr prior to the interview matters that he should not discuss with Gittenstein _ He also suggested that we debrief Mr _ Mohr at the completion of the interview. I reminded Mr Wilderotter that there are no guidelines by which the White House or the intelligence community or the Senate Committee have agreed that the FBI should make Such arrangements with the wtness _ I told him that I thought that the FBI would be used as a test case both the Committee and by the intelligence community if we undertook to negotiate such matters directly with Gittenstein_ I told him that I thought that such direct negotiations would undermine the effectiveness Of current 7 4 - CONTINUED 7 OVER NW 88296 Docld:32989532 99 they they by Page ================================================== Page 100 ================================================== Memorandum to Mr _ Adams Re: Senate Select Committee on Intelligence negotiations to establish broad guidelines with the concurrence of the Committee that could be used to effectively limit the scope and manner of interviews currently being conducted by staff investigators . I also told him that I thought it would the Bureau in a most difficult posture because the intelligence community could well feel that the FBI had brought about the loss of the opportunity to have some effective control over Committee access to sensitive information by negotiating our own agreement with Gittenstein _ I told him that certainly the Committee would use uS a8 an example to other intelligence agencies and use our experience to their detriment in establis_ limitations on the interviews _ Mr _ Wilderotter said that he understood my position and he would continue to work on the policy paper _ He asked to be advised of the time the meeting is to be held with Schwarz on May 8, 1975, and I indicated I would so advise him on learning of it myself from Walter Lloyd of CIA who is making the argangements I also suggested that it would be appropriate for Roderick Hills, Associate Counsel to the President, to be present at the meeting with Schwarz in order to have a greater chance of resolving these issues promptly _ Wilderotter said that he agreed and would attempt to make arrangements for Mr _ Hills to be present at the meeting. RECOMMENDATIONS: 1_ That the Bureau provide a representative to be available for consultation by Mr _ Mohr a8 he may request on Friday, 9, 1975, at 10.00 a. in Room G-308, New Senate Office Building. Ve400/ Re aHt 2 _ That until appropriate guidelines are established by agreement between the Committee, the White House, and the intelligence community, the Bureau not undertake to counsel 0r debrief Mr . Mohr or any other witnesses concerning the Subject matter of interview, pursuant to agreement with individual staff interviewers E 5 - CONTINUED E OVER NW 88296 Docld:32989532 Page 100 put hing May m. , Bueay9}/ 6hsle 'Guak ================================================== Page 101 ================================================== Memorandum to Mr _ Adams Re: Senate Select Committee on Intelligence RECOMMENDATIONS (CONTD): 3_ That Inspector Hotis and I, if I am available, attend the meeting with Schwarz on Thursday, May 8, 1975 . 6 - NW 88296 Docld:32989532 Page 101 O 2s€ 8 ================================================== Page 102 ================================================== Mr. Wa R. Wannall Airtel 1 - Mr. D, W. Moore 1 - Mra E. Wo Walsh 63 -116375 ~ 4/18/75 To: SAC , Buffalo (157-1681) PERSONALATTENTION From: Director, FBI (157-27812) KARL EDHARD HAND ,"JR _ 1 - Mro Ro E. Gebhardt EXTREMIST MATTER F NATIONAZ GUARD PARTY (Mr , J, Go Kelly) (BUDED: 4/23/75) 1 H Mr . J, Ao Mintz (Mr _ Ra F_ Olmert) 3 Mr, G_ Deegar ReBUairtel deted 4/11/75. 1 'H Mr , J; 0 Cregar 8 1 Mr. W_ Do Fallin A review of the copy of subjecths" lrteko %b Sexge8t ~ 1 Frank Church dated 4/8/75 and allegations contained therein H concerning Agent personnel of your office requires prompt submission of affidavits in refutation of thoge allegations where facts 8o warrant, I 9 Accordingly , and in view 0f the extreme likelihood of early inquiry concerning thege allegations from Senator 3 07 Church Or other recipients of subject's letter , appropriate 2 affidavits should be drawn and submi tted airtel to FBIHQ by the close of business 4/23/750 2 In che event one or more 0f subject' 8 allegations cannot be refuted, you should make specific comment concerning Same in your eiztel enclosing these affidavits 6 An extza copy of this comunication is furnished Buffalo` for inclugion in its file concerning the National Cuard Partye Rid (oLa Assoc- Dir. 1 m Pittsburgh R1 0+$ AD Adm. Dep- AD Iny. Asst. Dir.: MAY 161 Admin. 1 2} 157-33528 (National Guard Party) Comp- Sysy Ext- Affairs Files & Com. Gen- lov- PEN: fb} 34#7 Idert- (15) MAILED & SEE NOTE PAGE Two Inspcction Intell: APR 1 7 1975 Lebcrctory Plon: & Evcl_ Spec- Inv. LDr Training Lesel Cecn: Telephone eMav? TELETYPE UNIT GPO %:+.34 NV?i88z96 Docld:32989532 d6t58, 102 8 3 5 by } 8 T11ad {*307355 6i-lllo LL Dep- JGP ================================================== Page 103 ================================================== Airtel to SAC, Buffalo RE; KARL EDWARD HAND , JR_ 157-27812 NOTE Subject is 8 former leader of the white hate National Socialist White Peoples Party in Buffalo, New Yorko He presently heads an organization known as the National Guard Party (NCP) , 3 neo-Nazi white hate organization by its objectives would deny certain minority groups of their civil rights_ 0 Referenced airtel enclosed copies of a letter written by subject to Senator Frank Church (Democrat 7 Idaho) of the United States Senate Select Comittee to Study Governmental Operations with Respect to Intelligence Activities in which he nakes complaint concerning the Bureau' $ investiga- tion of his organization, hinself, and with regard to the errest of his coleader, William Edwerd Garrett, in connection with a Federal firearms violatione Subject's letter, copies of which were also directed to Senator John Tower (Republican N Texas) and to the Buffalo "Courier Express," a deily newspaper published in Buffalo, charges the FBI in Buffalo tapped his telephone es well as the telephones of NGP members and supporters; threatened to "frame" subject; threatened to "get" subject; attempted to bribe his personal friends; used "scare" tactics against friends } relatives 9 employees and businessmen who do the NGP organization' 8 printing; threarened to shoot subject' s dogs during arrest 0f William Edward Garrett; and lied to NGP supporters and businessmen by indicating the NCP group was planning to blow up certain buildings_ 0 Subject' s letter alleges these activities are in direct violation of the NGP organization s conscitutional rights and requests Senator Church conduct investigation concerning same 0 Appropriate instructions being directed to the Buffalo Division Which, in referenced airtel, indicated Special Agents involved in the controversial arrest of Carrett have submitted memoranda categorically denying allegaticns concerning the arrest, Bureau files contain no information to substantiate allegations of subjecta 4 2 = NOTE CONTINUED FACE TBEE NW 88296 Docld:32989532 Page 103 whick ================================================== Page 104 ================================================== Airtel to SAC, Buffalo RE: KARL EDWARD HAND , JR- 157-27812 NOTE_CONTINUED: This has been coordinated with SA R, F Olmert Of the Legal Counsel Divisiono Bureau deadline being imposed in view of the nature of the allegations made and current investigation into FBI operational activities by Senator Church S commictee: # 3 F NW 88296 Docld:32989532 Page 104 ================================================== Page 105 ================================================== FC-6 (Rtv_ $-22-54) : 240v F B / Date: 4/11/75 Transmit the following in (Type in plaintext or code) AIRTEL AIR MAIL REGISTERED MAIL Via (Priority) TO: DIRECTOR, FBI (157-27812) 082 Izon: BUFFALO (157-1681) (P) 2 KARL EDWARD HAND, JR. , aka ~ EM 0 NGP (00: BUFFALO) SedsTvo { 13 JJ6elix] SA ROBERT Benglet; SHAI 16729774, captioredles abaveufEeort_SEel 1 to Buzezu i0731754, both captioned "WILLIAM EDIARD CARRETT; EM 8 'SREr ; UNLAWFUL POSSESSION OR RECEIPT OF FIREARMS , {f OO: PITTSBURGH _ Enclosed for the Buzeau are two (2) typercitien C copies and for Pittsburgh one (1) copy by Bureau secreiary of letter received by the Buffalo Division on 4/10/75 , addressed to The Honorable FRANK D. CHURCH , U, S. Senate, 2 Washington $ D.C, , dated 4/8/75, which is self-explaratory. Buffalo unable to xerox because of poor of carbon copy 2 received, Bureau S attention is drawn to tne S distri 4 bution. For the information of the Bureau, Buffalo "Courier Express" is a daily newspaper published at Buffalo 8 New York 3 The letter is allegedly signed" by KARL HAND , JR, Authenticity 0f HAND S letter writing activities confizmed in conversations with BU 147l-E, who alerted Buffalo Office prior to receipt of eiclosed letter. 3 For the_infemation of the Bureau, incident referred to 8S section "F." i37 the enclosed letter refers to M [c& euxtdl %_welst -&hetulecl; 407 JEf Bureau (Encls _ 2) (AMRM) 0 1 0 Pittsburgh (157-l64o) (Enc . 1) (AMRM) 2 I Buffalo 19 22,41.63954 RFU:cas 77Zm+= 0 (5) (7 MAY 16 1975 x D2-4G2E Approved: Sent M Per A Specicl Acent in Caarge 0 4: -35 NW 88296 Docld: 32989532 Page 105 GoataQgI6 Mk TNRCRNA TION 'H23z;32t ALL EERZIN DATE eoll SAC, qualittieeter _ Nsli ================================================== Page 106 ================================================== BU 157-1681 the arrest of WILLIAM EDWARD GARRETT (Bureau file 157- 22471; Buffalo file 157-1388) by Bureau Agents at Buffalo, New York on I0/23/74 at the residence of KARL HAND , 2213 South Bafley Avenue } Buffalo, New York. GARRETT was arrested based O1; an authorized complaint and warrant at Pittsburgh, Pennsylvania, GARRETT with Violation of Title 18 Appendix, Section ibarEZo2 (GARRET USC "Possession of a Firearm by a Convicted Felon" It should be noted that KARL HAND was not present at this arrest and GARRETT was alone in the house. In that arrest Buffalo advised the Bureau in referenced airtel } dated 10/31/74, of the items observed by Bureau Agents at time of arrest, which were as follows: The Eront windows and door of 2213 South Bailey Avenue are completely covered with chicken wire. There were two large Geruan Shepherd dogs on the' premises. Upon entering the residence a five-gallon can was observed behind the stove_ with approximately six axe handles _ In the upstairs bedrocm there was a fully-loaded Stevens Model 77B 20-gauge shotgun, serial number unknown _ In the downstairs bedroom there were several boxes of 22. amunition and numerous loose 20-gauge shotgun: shells- It is noted that memoranda have been_prepared by the SAs: who participated in this arrest of GARRETT on 10/237*74, including SE ROBERT N SHAN wherein all categorically deny that any attempt was made to incite GARRETT into_doing enything egainst his best interests. In addition, al1 SAs categorica any threat having been made to shoot dogs found on the premises_ It is pointed out that GARRETT was alone in the house at the time of arrest and that at no time was KARE HAND present. It is also Pointed out for the information of the Bureau that on 11/7/74, U. S, Magistrate EDMUND F MAXWELL Buffalo, Newv York, released GARRETT and dj smissed_charge of violation cf Title 18 Appendix, Section 1202(a) (1) , USC _ However, on 11/8/74, the FGJ Western District of Pennsylvania (WDPA) at Pittsburgh, Pennsy_vania, entered a true bill cherging GARRETT' with violation of Title 18, Appendix, 2 NW 88296 Docld: 32989532_Page 106 ily deny ================================================== Page 107 ================================================== BU 157-1681 Section USC and Title 18 , Section 922(2) (6) and Section 1202832838 ; USC (State Firearms Control Assistance Act) Bond recommended by AUSA, Pittsburgh was $35,000 cash or surety. GARRETT was again arrested by a team of Agents led by SA ROBERT N. SHAF on 11/8/74, based on aforementioned indictment in WDPA, for Possession of a Firearm by a Convicted Felon and for Violation of the State Firears Control Assistance Act At this time KARL HAND was Present but the aforementioned arrest was effected 0nl the sidewalk in front of 2213 South Bailey Avenue, Buffalo, New York, without incident. There were no dogs present at this time _ No further action being taken by this Office in regards to the letter of KARL HAND , NW 88296 Docld:32989532 Page 107 ================================================== Page 108 ================================================== OPTIONAL fORM No. 10 5010-106 MAY 1962 EDitioN GSA GENS Reg. NO. 27 UNITED-STATES GOVERNMENT Assoc . Dir. Adm_ 1 Mr . J_ B_ Adams Depa Afzn Memorandum 1 Mr J_ Aa Mintz Assta Dir.: 1 Mr_ J. B _ Hotis Admin. Comp. Syst. Ext. Affairs TO Mr _ W_ R DATE: 4/14/75 Files & Com. Gen. Inv. 1 Mr _ W _ R Wannall Ident. FROM W lo}kcregar 1 Mr L. F_ Schwartz Iniolction 1 Mr W_ 0 _ Cregar Laboratory Plan: & Eval: Spec. Inv. SUBJECT: SENSTUDY 75 Veekaet Tel8phone Rm. Director Sec'y This memorandum reports the results of an Executive Committee Meeting of the Ad Hoc_Coordinating_Group/on_Congresgional Review- for the Intelligence Community on 4/11/75 . The' Executive Committee, hereinafter referred to as EXCOM 1 was "chaired by Mr W _ E Colby in his role as the Director Of Central Intelligence (DCI) Present at the meeting were 3 Mr Roderick Hills Counsel to the President; Mr James Wilderotterl Associate Counsel to the President; Mr Thomas K. Latimer Special N Assistant to the Secretary of Defense 1 as well as senior officials H6 Of State Department , National Security Agency (NSA) Office Of Management and Budget 7 and the National Security Council Mr_ Antonin Scalia Assistant Attorney General was scheduled 0 to represent the Department 0f Justice; however , due to a 3 scheduling foul up Scalia never made the meeting_ I 4 8 The following matters of interest were discussed at Q this meeting: 3 Ii SENATOR CHURCH' $: STATEMENT 3 "The Washington Post" edition Of 4/10/75 contained the ~esults 0f an interview with 'Senator Frank Church Chairman of 4 the Senate Selectl 'Committee (SSC) According to this article , Church stated thexCommittee reserves_ the_right_ to make public eventually any documents it receives and i8 accepting nothing witn Strings attached Mr. Roderick Hills advised the EXCOM that he ana Mr Wilderotter had a meeting with SSC Stafe Director,e William Miller subsequent to the Church statement Both Hills and Wilderotter came away from_this meeting believing the newspaper report was an overstaiement Of Church 's intent Considerable discussion followed Mr Hills comments _ Mr Colby noted that bY letter dated 3/11/75 to Senator Church he confirmed a previous conversation with Senator Church wherein the Senator Enclosures 63 ((6372 15 MAn1;/975 WOC : lmh Imh CeN NIU Lc 1OVER ENCLOSURE B: 9I 1975 84sMH3ca.9.39752 NW Page 108 Dep: WannallC) Rec-lil 67 : Szb & ================================================== Page 109 ================================================== Memorandum to Mr . W . Ra Wannall Re: Senstudy 75 recognized that certain aspects of intelligence activities must receive `'special consideration and treatment (a copy Of Colby S letter is attached) By letter dated 3/12/75 , Senator Church confirmed the receipt of Colby s letter and again stated that in the event the SSC inquiry touches on such sensitive areas Senator Church ana Colby should discuss' jointly what procedures should be followed (copy 0f Senator Church s letter is attached) Following the meeting Mr Wilderotter advised me that the White House will prepare a letter to Senator Church 'recognizing that Congress 'can , at its discretion 1 declassify material it receives but strongly urging that 'such `declassification action not be taken unilaterally by the Senate Select Committee without the approval Of the agency originating the' information Wilderotter stated that the Wite House 'expected to speak for the Executive Branch with a strong voice and that individual agencies should take no action regarding the 'Church statement until the White House has had the' opportunity to clear the air with 'Senator Church SECRECY AGREEMENT AND: EMPLOYEE NOTICE Attached is a copy Of a CIA employee bulletin dated 3/12/75 _ This bulletin relieves CIA employees from the secrecy agreement should they be interviewed or should they have to testify before the SSC . At the EXCOM meeting Mr Wilderotter suggested all agencies 'Of the intelligence community employing a secrecy agreement prepare such an employee notice as well as a letter to Senator Church advising him that the individual agency was relieving their employees from the secrecy agreement. Mr Colby charged the Security Committee Of the United States Intelligence Board (USIB) with preparing a draft 0f such a bulletin and letter for the guidance of member agencies and departments_ It is the opinion Of Assistant Director Mintz concurred IN by the Intelligence Division that a general letter to al1 employees from the Director releasing them from their obligation under the FBI employment agreement concerning secrecy for purposes 0f possible interviews by representatives Of the Senate 2 3 CONTINUED OVER NWV 88296 Docld:32989532 109 Page ================================================== Page 110 ================================================== Memorandum to Mr. W . R_ Wannall Re: Senstudy 75 Select Committee would: be unwise_ It cannot be predicted what level 'Of FBI employee will be contacted for interview or whether any employee 'contacted would have sufficient factual know ledge in order to provide a full responsive reply to Committee questions Moreover an employee without a full understanding 0f the material being inquired about may not be aware of the sensitive nature Of the answers that might be, given _ As written the employment agreement provides that the burden is 'on the employee to determine prior to disclosure whether information may be disclosed and that the Director Of the FBI is in a better position than the employee to make such a determination Therefore, it is the opinion 0f Mr Mintz and the' Intelligence Division that if no general letter of release is issued to all employees 1 any member contacted for interview iay upon the' 'provisions of the employment agreement as guidelines for his 'Or her appropriate response Specifically 1 such an employee woula be obligated to bring to the attention 0f the Bureau any such request for an interview and in addition , he or she would: be obligated to describe the general nature Of the inquiry. At such time as request for interviews are made we will be in a better position to determine whether the employee is the appropriate person and to evaluate the sensitivity of the material in question_ REVIEW: 'OF' WHITE HOUSE DOCUMENTS: BY SENATORS' CHURCH AND TOWER; Mr Hills advised that both Senators Church and Tower have tentatively agreed to review sensitive White House documents the 'SSC is interested in in White House space They have tenta- tively accepted the fact that should they believe such documents are necessary for retention in SSC files , they will accept a paraphrase Of the' original document _ This arrangement has not been completely agreed to by Senators Church and Tower but Mr Hills is hopeful such an arrangement can be worked out. BRIEF ING OF THE 'SSC' BY THE 'INTELLIGENCE COMMUNITY 'STAFF Mr Colby advised that during the week 0f 4/13/75 he and Mr John Clarke, Associate Deputy to the Director Of Central Intelligence for the Intelligence Community, will brief the' Senate G 3 ` - CONTINUED OVER NWV 88296 Docld:32989532 Page 110 rely ================================================== Page 111 ================================================== Memorandum to Mr . W _ R= Wannall Re : Senstudy 75 Select Committee 'staff on how the Director 0f Cental Intelligence manages the intelligence community_ Later in the month Colby is hopeful that those senators making up the Committee will also visit CIA Headquarters for a Similar briefing_ KEY TSSUES memorandum of 4/7/75 reporting the' results Of the last EXCOM meeting identified eleven issues which the White House was particularly interested in (copy of the key issues attached) As reported in the 4/7/75 memorandum the FBI has been designated to prepare the paper entitled II Intelligence Files and Privacy. II Mr J _ Dennis Miller Legal Counsel Division , will prepare this paper He will work with Mr_ John Brock _ Office of the Secretary of Defense _ 1 as well as Mr Bob McBrien Of Treasury_ The White House is very interested in the preparation 0f these key issue papers and has asked that the person responsible for preparing each paper have 'ready a comprehensive outline as to how the paper will be constructed on the' occasion Of the next EXCOM meeting scheduled for Friday 4/18/75 THTRD AGENCY RULE Attached herewith is 2 paper entitled "Third Agency Rule II prepared by CIA 's General Counsel It is designed to acquaint the intelligence community with a background of the third agency rule and to insure that all members 'Of the community adhere to the third agency rule when responding to requests from the 'Select Committees 'Of the Congress It is to be noted Mr Wilderotter expressed the that all agencies 'in the intelligence community will respond to a third agency request within a 48 hour deadline Both the military and CIA felt such a short deadline was impossible but all indicated they would try to provide responses within 48 hours when clearance to pass information to the Select Committees of Congress under the third agency rule is requested. CONTINUED G OVER NW 88296 Docld:32989532 111 My key hope Page ================================================== Page 112 ================================================== Memorandum to Mr _ W _ R_ Wannall Re: Senstudy 75 INTERAGENCY RECISTRY Attached is 2 memorandum from Mr Colby to all USIB principals dated 4/10/75 describing the establishment 0f a registry to insure 'that the' community is kept informed as to materials which will formally be provided to the' Select Committee all elements 'Of the intelligence community_ The' Colby memorandum notes that in order to make 'the registry useful it is essential that it include the following: File copies Of documents 'Or other materials which each intelligence community element provides to a Select Committee wherein the 'originating agency considers the material to involve aspects 0f community activities (The Bureau would have very few items 'Of this nature other than agreements Or understandings the Bureau might have with 'other elements; 0f the intelligence community.) The second requirement Of the registry is that an abstract of each response to a Select Committee be provided to the registry for its retention The Bureau has "lready established a procedure 'for providing such abstracts to the registry. RECOMMENDATIONS: : 1 In light Of the Church statement in "The Washington Post" and the subsequent conversations the White House has or contemplates having with 'Senators Church and Towers it is recommended that we continue to disseminate all responses to the SSC except in those sensitive matters that require close administrative 'control In those instances it is recommended that we advise the' Staff Director that such information responsive to their request is available at Bureau Headquarters and may be reviewed by himself or a senior staff member of the SSC _ 5 F CONTINUED F OVER NW 88296 Docld:32989532 Page 112 by ================================================== Page 113 ================================================== Memorandum to Mr . W . Rs Wannall Re : Senstudy 75 2 : That Liaison Officer Frank Schwartz:; the Bureau representative on the Security Committee 0f USIB 1 present the Bureau 8 position regarding the issuance of an employee bulletin_ uewhiu SA/qa 0X Oe 37 ~ ~ NW 88296 Docld:32989532 Page 113 's Cfew pvb Ya shhr ~MMoE e6 € @icanh_ Qlnzea h? I 873 2ea 754, Rtn Jmlrn YxTce +s} 77 mIh CtX "244 4 "g ================================================== Page 114 ================================================== 6 NW 88296 Docld:32989532 114 Tkis NvBlOPC ON Xmolig COBTAINED 140SEaasnLtZ JSIFIED ~to8 IMPORHIS ATL CATS Page ================================================== Page 115 ================================================== CENTRAL INTELLIGENCE AGENCY WASHINGTON, D.C. 20505 11 MAR 1975 The Honorable Frank Church Chairman Select Comnittee to Study Governmental 31 Operations with Respect to Intelligence Activities United States Senate Washington, D. C. 20510 Dear Mr _ Chairman : This letter will confirm ana reduce to writing sone Of the matters agreed upon at our recent meeting. At the outset, I should like to express my deep personal appreciation for the candor and helpfulness Of you and Senator Tower in that meeting and for your sensitivity to the respective responsibilities under our Constitutional framework of the Select Comittee ana the Central Intelligence Agency in the area Of your review_ For my part, I shoula like to renew again_ for myself and the CIA my promise of cooperation with respect to the important work 0f the Select Comittee In my judgment a spirit of good faith and cooperative effort is not oniy necessary to enable your Committee to discharge its responsibilities fully and expeditiously _ but is indeea in the best interests Of the intelligence community as well I am convinced that a_ responsible and thorough review of U.S. intelligence activities will serve to vindicate the CIA and enhance the public'8 understanding of the important contribution that the intelligence efforts of this nation can make toward the goal of preserving and strengthening our democracy . NW 88296 Docld:32989532 Page 115 #maei6 Enk4s CONTATNBD UNCLASSIFIE {GNFoRMATIOA Se2L IS L-li-eL ALL HEREIN DATE ================================================== Page 116 ================================================== -2- I am particularly appreciative of your recognition that certain sensitive aspects of our intelligence activities must receive special consideration and treatment by the Select Committee in the course of your work_ As we discussed , such matters as the identities of our sensitive sources the material provided to us cooperating foreign intelligence services the details 0f technical devices and systems and of operational methods the identities of certain Of our employees who could be targets of kidnapping or assassination , the identities 0f American citizens ana organizations who have cooperated with U.S intelligence, and some additional materials the public disclosure of which woula create serious foreign policy or national security problems 7 should be protected not only from exposure_ but indeed from the risk of exposure We should also work together to protect certain other information which , if improperly disclosed _ might impair the vacy rights-of individuals_ Where these kinds of considerations are present_ 1 I anticipate that appro- priate understandings can be arrived at to avoid the risk of exposing such matters and at the same time to satisfy the Select Committee' s need for a full understanding of our activities As I stated to you , employees Of the Central Intelligence Agency will be available to the Select Committee for staff interviews and for testimony_ As we have discussed , this might require_ in some circumstances special arrangements to protect the identity 0f particular employees whose physical safety or future career might be placed in jeopardy by exposure. I anticipate that suitable safeguards can be established to avoid such dangers _ I assume the Committee will make its own arrangements with respect to ex-employees as to whon I no longer have the authority to direct their cooperation_ However , I am available for whatever assistance I can provide in this regard_ As you are aware all employees of the Central Intelligence Agency are required to a secrecy agreement when they enter on duty. This is a condition of employment, and it requires that they keep forever secret all classified information gained during the course 0f their employment- The secrecy agreement further requires that they may not disclose classified informa- tion, either orally or by publication_ 1 without prior authoriza- tion from the Director of Central Intelligence Under the secrecy agreement , an employee S obligations with respect to the protection of classified information continue after his employment with the CIA has been terminated. NW 88296 Docld:32989532 Page 116 by pri sign ================================================== Page 117 ================================================== -3- It is my desire that the secrecy agreements signed by our employees shall not impair the necessary work 0f the Select Committee_ To accomplish this_ ana in recognition of the security protection contemplated by the Select Committee, I have deternined that disclosure of otherwise protectea information to the Select Committee or its designated staff members will constitute an authorized provision of infor- mation within the meaning 0f the secrecy agreements _ This letter may be used to indicate such authorization for any Agency employee or ex-employee to furnish information to the Select Committee or appropriate staff members On matters which woula otherwise be coverea by their secrecy agreement , but which are not among the particularly sensitive matters such as mentioned above With respect to those particularly sensitive matters , different procedures are obviously neces~ sary - Accordingly, where any matter included in these sensi~ tive categories woula be involvea in responding to the Con- mittee f the employee shoula express his concern and if possible, propose a way of responding to the Committee without exposing such sensitive details If the Committee believes that 3 disclosure of those aspects is nevertheless necessary , the matter will be discussed between the Committee and the Agency . I am preparea to consult with the Committee at any time to avoid difficulties in this area and quickly determine together the appropriate course Of action to be taken_ With the good faith evident in our discussions On these matters , I believe that these arrangements will enable me to discharge my responsibilities to protect intelligence sources and methods from unauthorized disclosure , while at the same time to provide the Select Committee with all the information it needs to accomplish its task As we have agreed 0 it is in the national interest as well as that f the Select Committee ana the U.S: intelligence community to ensure that your review proceea as smoothly ana as expeditiously as possible Toward that end , I have in- structed all CIA personnel to respona in a spirit of coopera- tion. Sincerely, W _ E= CoLby Director NW 88296 Docld: 32989532 Page 117 :> ================================================== Page 118 ================================================== THE DIRECTOR OF CENTRAL INTELLIGENCE WASHINGTON, D. C. 20505 10 April 1975 K84 IS MEMORANDUM FOR: USIB Principals SUBJECT: Community Aspects of Inputs to Congressional Committees Investigating Intelligence 1 The Intelligence Community Staff, with John M. Clarke, Associate Deputy/IC , a8 my representative in these matters, will keep the Board and other appropriate officials advised as to progress of the investigations conducted by the Senate and House Select Committees investigating intelligence activities. In particular, it will ensure that we are kept informed as to materials which are formally provided to the Select Committees by all elements of the Community. The USIB Ad Hoc Group will assist on this matter and provide the mechanism for regular and constant communi cations. 2_ In response to this assignment, the Intelligence Community Staff is establishing a registry documentation relating to the investigations. This registry will be a source of reference of all responses, testimony, et cetera, provided by USIB agencies and available to your designated representatives. 3_ In order to make the registry useful to the Board, it is essential that it include: a File copies of documents 01 other materials which each Intelligence Community element provides to one of the Select Committees where the originating agency considers the materials to involve aspects of Community activities,: and/or which may result in follow-on queries concerning the functioning of the Community. The availability 0f this dlocumentation will be o[ particular importance if it i8 expected there will be subsequent inquiries relating to the materials provided and involving elements of the Community other than the originating element. NW 88296 Docld:32989532 Page 118 #m0eg CONTAINED B gEialmle: IIFORMATION UNCLASSIFIED ALL HERZIN Jilkl DAT being for ================================================== Page 119 ================================================== b. An abstract of each formal input to a Select Committee unless the Intelligence Community registry is provided with an actual copy of the material itself; A proposed format for such abstracts is attached. LfQel W . E= Colby Attachment: As stated 2 NW 88296 Docld:32989532 Page 119 ================================================== Page 120 ================================================== #mell AISZIEEOEZSLIZOJCOIZALIEZ Eqei6058%4 <acehaA Ssalile sz sexnlsa EMPLOYEE BULLETIN OF No _ 442 12 March 1975 Senate Select Committee To Review U,S Intelligence Activities Senate Resolution 21 established a Select Committee of the Senate to review U.S. intelligence activities. The Resolution calls for a comprehensive review of the total U.8. intelligence effort and i8 not restricted to the recent charges and allegations against CIA alone. Consequently, it is likely to be far-ranging in its impact. It is in all Of our interests to see that the Select Committee receives full understanding of our activities and their contribution to the country as expeditiously &8 possible. I have every confidence that the inquiry will be responsible, and constructive, and will pro- duce new understanding 0f, and improvements the American intelligence system_ It is with this conviction that I have pledged my personal coop eration and that f the CIA. I have advised Senators Church and Tower, the Committee Chairman and Vice Chairman, that employees of the CIA will be available to the Select Committee for Staff interviews and for testimony. We are working with the Committee Staff to design procedures to facilitate their work in examining topics of concern: Attached to this bulletin is a letter which I have sent to Senator Church. To facilitate the necessary work of the Committee and in recognition of the security protection contemplated by the Committee, I have determined that disclosure of otherwise protected information to the Select Committee or its designated Staff members will constitute authorized provision of information within the meaning of the Secrecy Agreements signed by each CIA employee, subject to the special proce- dures and limitations set forth in the letter regarding particularly sensitive matters_ Senator Church has agreed that reference to sensi- tive data in any Committee report will be subject to consultation between the Committee and the Agency. NW 88296 Docld:32989532 120 { 1 ARi INUTED Stes in, Page ================================================== Page 121 ================================================== The cooperative spirit of our relationship with the Committee and its Staff must at the same time take account of the rights of Agency employees. The Committee Staff has agreed to advise employees of their Constitutional rights at the beginning of any interview or other appearance. When a current Agency employee i8 selected to be interviewed by the Select Committee Staff, the Staff Director or Chief Counsel will normally notify Mr_ John M. Clarke, who is my principal liaison with the Committee and its Staff. Mr. Clarke, in turn, will notify the employee. The purpose Of this is in no way to inhibit the work of the Committee. It i8 intended to allow time for the employee to general legal guidance if he wants it, and to obtain security guidance from an appropriate senior officer. My own belief is that after a careful review of all U,S. intelli- gence activities, the Committee will address needed legislative changes and will reaffirm their confidence in the importance and contribution of U.S. intelligence programs. UCl W. E_ Colby Director Attachment: &/s DISTRIBUTION: ALL EMPLOYEES 2 NW 88296 Docld:32989532 Page 121 gain ================================================== Page 122 ================================================== Issues Identified 1 Economic Intelligence and National Security Ge J76EASee y new discussion CIA 2 Covert Action and the Law_ CIA VosD` 3 The Intelligence Budget open , block or closed notional procedures for handling past, present and future_ OMB 4 Joint Congressional Oversight Committee for Intelligence- CIA and_QSD 5 _ GAO and the Audit Authorities of U.S _ Intelligence Agencies_ CIA and OSD 6 _ Confidential Funds Authorities 1 Contingency Reserves , Legal Base , History and Use CIA and OSD F37-m,7z 2e_ ~ {hry) 7 Cover for Foreign Intelligence Actions 1 Legal ana Administrative Issues, CIA and State 8 _ Intelligence Files and Privacy. FBI and OSD 22,7532,032 {81 tr2 9 The "fact 0f" question international, legal and political considerations_ State 10 _ "Sourcesand Methods #} Legislation. OMB and Justic 1l_ An additional issue (identified by Legal Qffice Mr - Hills) address adequacy or Justice, was inadequacy of present classificafionv Zo assigned Ehe procedures 72( ~Cb1 - 11 initial respon- Sibility of drafting a (3 Peletui Eh 0738-3' + % - Nsc paper with Omreci inputs from the Szar~L Agencies Names are to be forwarded ASAP NW 88296 Docld:32989532 Page 122 EEonvAEonOrk 'CONTAINED EE:STEe4lt6 FBBE: Ab RAlcc 830] ================================================== Page 123 ================================================== FRANK CXURCH, IDAHO, CHAIRMAN #outrva Begistry JOHN 6. TOWER, TEXAS VICE CHAIRMAN PHILIP A. HART; MiCH: HOWARD H: BAKER, JR;, TENN: 7. 27 WALTER F. MONDALE, MINN: BARRX GOLDWATER, Ariz: WALTER D. HUDDLESTON, KY: CHARLES MCC, MATKIAS; JR:, MD. ROBERT MORGAN, N;C. RICHARD S. SCHWEIKER, PA. GARY HART, COLO: Airrited States Senate WILLIAM 6. MILLER, STAFF DIRECTOR SELECT COMMITTEE TO Ad Hoc Staff STUDY GOVERNMENTAL OPERATIONS WITH RESPECT To INTELLIGENCE ACTIVITIES 176-/03 (PURSuANT To 9. RES: 21 , PITH CONGRESS) WASHINGTON, D.C. 20510 March 12, 1975 Mr _ Willian Es Colby Director of Central Intelligence Central Intelligence Agency IS BY Washington, D.C . 20505 Dear Mr Colby: On behalf of the Senate Select Committee To Study Governmental Operations With Respect to Intelligence Activities 9 I to thank your for your Letter of March 1l, the copy of the Employee Bulletin you have issued to all CIA employees _ As we jointly recognize, in order for the Committee to carry out a thorough inquiry, in accordance with the mandate contained in 8 _ Res _ 21, the Agency' s full cooperation wll be necessary . Your recognition that our mandate authorizes all, past and present , agency employees to cooperate fully, and without impediment due to secrecy agreements , will serve to facilitate our expeditious collection of material relative to that mandate I particularly eppreciate your stetement recognizing our security precautions As you know, your staff was very helpful to the Committee S staff in designing those precautions The Staff Director and the Chief Counsel will, under the direction of the Committee, notify Mr _ John Clarke 0f the members of the Committee who have been designated to carry out studies, inquiries end investigations required to meet the tasks specified in 8 _ Res _ 21 _ It is the Committee S understanding that the merbers of the Committee and designated staff will have access to any and all information which the Cormittee determines is necessary for its inquiry_ We recognize, however that the Committee inquiry may touch on sensitive areas , such as the identity of CIA personnel, sources , or cooperating orgenizations whose disclosure could place persons in actual jeopardy_ In the event that the Committee inquiry touches on such sensitive areas , which mattters we have already discussed in our meeting of February we should discuss jointly 2 and as you suggest quickly, what procedures might followed should the Committee decide it requires more information in these specific areas _ NW 88296 Docld:32989532 Page 123 2mrek6 bbikls INFORMATION EfziL ss2) ALL HEREIN DATC Tant and 27 , be ================================================== Page 124 ================================================== Mr _ Willian Colby Page Two March 12, 1975 I welcome these first steps in close cooperation ad hope that it forecasts an expeditious and thorough inquiry that will result in the strengthening of our nation' 8 intelligence activities under the law. Sineerely, Frank Church Chairman NWV 88296 Docld.32989532 124 Page ================================================== Page 125 ================================================== 10 April 1975 The Third Agency Rule 1_ As as November 1953, the third agency rule was included Y in Executive Order 10501, which has now been revoked_ Section 7(c) prohibited the dissemination of "classified defense information originating in another Department or agency" to an agency "outside the receiving Department or agency without the consent of the originating Department or agency I1 The only exception to this rule is that dissemination may be made under the authority of Section 102 of the National Security Act. This [ section authorizes the Director of Central Intelligence Ir to correlate and evaluate intelligence relating to the national security , and provide for the appropriate dissemination of such intelligence within the Government where appropriate_ existing agencies and facilities_ I 2 Historically, the responsibility of the Director of Central Intelli ~ gence to disseminate intelligence has referred to II finished intelligence. I This product is the end result of contributions from members of the Intelli- gence Community _ Therefore, in this Situation the finished product is a homogenous product and therefore the approval for further dissemination beyond the receiving agency must come from the Director of Central Intelligence. 3 _ Executive Order 10501 was superseded by Executive Order 11652 which became effective 1 June 1972 _ This Executive order did not specifically cover the third agency rule _ However it does provide the following controls: Sec , 9 _ Special Departmental Arrangements _ The originating Department or other appropriate authority may impose , in conformity with the provisions of this or der_ special requirements with respect to access_ distribution and protection of classified information and material, including those which presently relate to communications intelligence, intelligence sources and methods and cryptography _ 4_ In anticipation of the implementation of Executive Order 11652 , a directive was issued on 17 1972 entitled "National Security Council Directive Governing the Classification , Downgrading = Declassification and Safeguarding of National Security Information II This directive does not contain the term #} third agency rule" but does have four subsections which relate to procedures which are similar to what historically had been called the third agency rule _ These sections are: A, (2) Determination of Need-to-Know In addition to a security clearance_ 2 person must have a need for access to the particular classified information or material sought in connection with the performance of his official duties Or contractual obligations_ The determination of that need shall be made by officials having responsibility for the classified information Or material, NW 88296 Docld:32989532 Page 125 1 early Lusing, May ================================================== Page 126 ================================================== D Consent of Originating Department to Dissemination by Recipient- Except a8 otherwise provided by Section 102 of the National Security Act of 1947 61 Stat. 495 _ 50 U.S,C 403 , classified information or material originating in one artment shall not be disseminated outside any other Department to which it has been made available without the consent of the originating Department. E_ Dissemination @f Sensitive Intelligence Information Information Or material bearing the notation #t WARNING NOTICE SENSITIVE INTELLIGENCE SOURCES AND METHODS INVOLVED" shall not be disseminated in any manner outside authorized channels without the permission of the originating Department and &n assessment the senior intelligence official in the disseminating Department as to the potential risk to the national security and to the intelligence sources and methods involved_ F Restraint on Special Access Requirements- The establish- ment of special rules limiting access to distribution and protection of classified information and material under Section 9 of the Order requires the specific prior approval of the head of a Department or his designee. 5 . Examples of the application of the third agency rule are: (a) In a national security estimate contributions are received from all members of the Intelligence Comm then disseminated to members f the community under the authority of the DCI _ Recipients may not disseminate the estimate outside the Intelligence Community without the approval of the DCI; (b) A CIA intelligence report disseminated to the State Department may not be sent by the State Department to the Department of Commerce without the permission of the CIA; (c) Information which the CIA furnishes the President's Commission may not be disseminated to other agencies or to the Congress without the concurrences of CIA Thus _ a request from the Congress to the Commission for CIA information should be referred to CIA for action s0 that the necessary protection of the information can be insured; NW 88296 Docld:32989532 Page 126 Dep: by unity, ================================================== Page 127 ================================================== (d) If the Department discusses one of its operations with CIA, CIA may not include information about that operation in papers it disseminates to other agencies unless it has received the permission of the Navy Department; The distinc- tion here is that a Navy operation would not be considered part of the finished intelligence mechanism and therefore would not fall within the statutory authority of CIA to disseminate intelligence; (e) If & State/DOD joint cable is disseminated to CIA CIA may not send the information to the FBI until CIA has received the concurrence of both State and DOD _ NW 88296 Docld:32989532_ 12 Navy Page ================================================== Page 128 ================================================== m> CODE TELETYPE URGENT 5/2/75 TO SACS ALEXANDRIA EL BALTIMORE 30 NET HAVEN PERSONAL ATTETT ION NEWARK OMAHA F J, As Mintz 1 - R 8: Ezegall FROM DIRECTOR' FBI (62-116395) Mr _ S_ F Phiilips SENSTUDY 75 X CAPTIONED MATTER PERTAINS TO BUREAU 1 S HANDLING OF REQUESTS FROM SENATE AND HOUSE SELECT COMIITTEES TO STUDY GOVERNFELTTAZ OPERATIONS HITH RESPECT TO INTELLIGENCE ACTIVITIES _ IN CONIECTZON WITH WORK OF THESE COLNITTEES , STAFF MMBERS MAY 0 ITERVIET CURRENT AND FORMR FBI EMLOYEES . THE SEMATE SELECT 0 COMMITTEE (SSC) STAFF HAS ALREADY INTERVIEWED SOIE FORMER 8 EPLOYEES _ NENARK TELETYPE APRIL 30 LAST "ADMINISTRATIVE 0 IEQUIRY ; 1964 DEMOCRATIC PARTY NOMINATIIG COENELTTION_ 9 I ATLAITTIC CITY , NET JERSEY , " REPORTED ADVICE FROM FORMER SPECTAL AGEMT JOHT P DEVLIN THT HE HAD BEEN ITERVIEIED BY d 41 MICHAEL 5 _ EPSTEIN SSC STAFF MEMBER , CONCERNING DEVLIN 1 S PART REC89 6z.16335 Assoc- Dir . Dep. AD Adm. Personnel File f Each Former SA AD Jnv. Eilj Asst. Dir.: Admin. 197 Comp. Syst. ":elbidS} 5 'MAY Ext. Affairs STP SEE IOTE PAGE THREE Files & Com. Gen. Inv_ Ident . Inspection FEDERAL BUREAV QF INVESTIGATION Intell. M CoMMuNICATIONS SECTION Laboratory Plan. & Evol: Spec. Inv. MAY 0 21975 Legal Coun. MAY 1 6 {975' DirlectoonsaRv MAIL ROOM TELETYPE UNIT Teli YPE UPo %51-745 Mmv 88296 Docld: 32989532 Page 128 EWDEIL wkaz IjPnkEZIO" 43?l7ra SP IVC JLI EE ] [2C EUIX Y Dep. JS& XEROI 1975 Tra ining 11 LaUn ================================================== Page 129 ================================================== TELETYPE TO SACS , ALEXANDRIA ET AL RE: SENSTUDY 75 62-116395 IN FBI'S ACTIVITIES AT DEMOCRATIC CONVENTION, ATLANTIC CITY , AUGUST 22-28 , 1964 . SET OUT BELOW ARE NAIES AtID LAST KNOWN ADDRESSES OF FORMER BUREAU AGENTS ASSIGNED TO SPECIAL SQUAD AT ATLANTIC CITY , AUGUST 9 1966 . EACH OF THESE FORMER AGEMTS IS TO BE IMDIATELY COLTACTED AND ALERTED THAT THY MIGHT BE APPROACHED BY THE SSC STAFF THEY ARE NOT , REPEAT NOT , TO BE ADVISED OF TH AREA THICH MY BZ] COVERED IN ALTY INTERVIET OF THEM BY THE SSC . THEY SHOULD , KONEVER 9 BE TOLD THAT IN TH EVENT THEY ARE INTERVIEEED AiD DURING TH COURSE OF SAME , QUESTIONS ARE ASKED WHICH RELATE TO SENSITIVE BUREAU OPERATIONS , THY CAN REQUEST THAT AN FBI AGENT BE PRESENT COLTTACTS WTTH THESE FORNER 'AGEiTTS TO BE HAIIDLED PERSONALLY BY SAC OR ASAC . IN THE EVETT THIS NOT FEASIBLE FOR JUST CAUSE , TO BE HANDLED BY A SEMIOR SUPERVISOR _ IMEDIATELY AFTER CONTACT , RESULTS SHOULD BE FURNISHED BUREAU BY TELETYPE I ABOVE CAPTION , IF A FORMER AGENT NO LONGER IIT YOUR TERRITORY OR TEMPORARILY AFAY , SET OUT IEAD TO OTHER OFFICE INEDIATELY HITH COPY TO FBIHQ. NENARK SHOULD INCLUDE RECONTACT HITH DEVLIN FOR PURPOSE INDICATED ABOVE AND ALSO FURNISH BUREAU ANY INFORMATION DEVLIHT MAY HAVE FURNISHED YOUR OFFICE II ADDITION TO THAT IN YOUR TELETYPE . 2 0 NW 88296 Docld:32989532 Page 129 ================================================== Page 130 ================================================== TELLITPB T0 #co, ALELANCRLA & A E} SOESIUD 75 62-11e 335 MBAHPRI} WroLD ?. LIh, 1649 Noru Vah BOrt, ALYANDRIA: MILLIN P , Cborce, 0380 Wacov_ ;nEL Moad,_ALEXANDRIA MLTIWE; DOMALd G. MANNMN , 10 0oW SNEET , CDMI Oms NEN Wvia: MobSod H._48COI, 65 CLINBRODK Koad, Satpord, COLTGTIQUI , Dm: I3o Ts CLar, 121 STLANTIC aVEINE, ATLANIC CITT, Jotw_FAINIC DULIE, 39 BEaBGTE Ronv, LIVIeTON, Nm j S' Burd J.] ~HILDI, 3 CAPBELL Rod, mr MILS, N JERSn . O4: Ju J: WNUIN, I0A Lv Boncrat_ acaddiw, Jomstov, JOVA NOTE: Addresses are most recent available in Pezeanne}_ files Of Ehese former Agents . The Newark teietype ment was sent up with an informative note advising that we had checked with Mr Janes Wilderotter 9 Associate Counsel to the President , and he iaterposed no objection to our contacting former Agerts who in the special squad we had at Atlantic City in 8764 3764iandatadiding them might be approached for incerview the SSC Assistant Director Mintz concurred in the Intelligence bivtbeoSScecomsendtezon" that we , on aBeievspe contact the former Agents as indicated in this outgoing Deputy Associate Director J B_ Adams advised of his agreement with this recomen- dation and for instructions to g0 forward to the field. Howard J Wilson one of the former Agents designated to be contacted, resigned tor family reasons afEer be censured, placed on probation: 9 and transferred for unsatisfactory suspepeefornaaceddezectobe during an inspection of the Newark Office. However there is no evidence in his tbezscrweb file suggeshongd MIlson 8 hostile to the Bureau and ITD believes he be included among those former Agents to becoontacted, NW 88296 Docld: 32989532 Page 130 they ing ================================================== Page 131 ================================================== 4-312 (Rev. 12-11-73) Date of Mail 5/8/75 Has been removed and placed in the Special File Room-of Records Section: See File 66-2554-7530 for authority. IS BY Subject JUNE MAIL U_S, SENATE SELECT COMMITTEE TO STUDY GOVERMMENTAL OPERATIONS WITH RESPECT TO INTELLIGENCE ACTIVITIES 7 9 MAY 1 9 1975 Removed By File Number 62-116395-126 Permanent Serial Charge Out DojiFBI NW 88296 Docld:32989532 Page 131 'GAS #NDek CONTAINEDa Foer -JTAMTI INFORMATION UNCIASSIBIRD SSP ADL Lag DATE ================================================== Page 132 ================================================== OPTiONAL form No. 10 5010-106 G3x2862:; {23,1 , 27 Assoc. Dir. UNITED STATES GOVERNMENT Dep;c Adm. Inv. Memorandum Asst. Addrin. Comp. Syst. Ext. Affairs TO Mr. J. B Adams DATE: 4-9-75 Files & Com. Gen. Inv. Ident. AZLNORiATTOR CONTAINED or FROM Legal Counsel FERDIN IS UECLASSTTTE ALWlt6 ) Ried Laborater= DAT Fiiel Hbgalj Plan & %Val. SUBJECT : SENATE SELECT COMMITTEE Spec. Inv. ON INTELLIGENCE ACTIVITIES Troining Telephone Rm. Director Sec'Y HOUSE SELECT COMMITTEE ON INTELLIGENCE ACTIVITIES During various contacts with William Miller , Staff Director of 1 the Senate Select Committee, and Congressman Lucien Nedzi (D-Mich: ) , Chairman of the House Select Committee, the question has come up regarding X the need for a check of the private offices of individual Committee Members to assure the absence of any electronic listening devices. The Committee personnel have been told that we consider this absolutely essential and they agreed. In exploring this matter it was determined that the Capitol Police Department recently has established a special unit to handle all types of security problems within the Capitol Hill complex, including checks for electronic listening devices _ Personnel of this unit have received extensive training , Gome from CIA The operations of the unit are controled through > the Sergeants at Arms of the House and Senate_ Far: _ etrl la Zocam Izenkey-bsc 4- C57 Sel This matter has been discussed with Robert Hough, Deputy Sergeant at Arms of the Senate; and with Kenneth Harding, Sergeant at Arms S of the House_ Hough advised that the special unit already has conducted com - plete security surveys of the new office space of the Senate Select Committee and certainly will perform any other checks of this type needed by the Committee 1 or its individual Members _ He said, in fact, that since they now have this capability would oppose any outside agency coming on to the Hill to perform this function. Hough said he already has been in contact with Miller regarding the necessary security stated he will let us know wher: Ibhegffisesg?f the Senate Select Connibeeiuydd been checked. He said their rules require specific requests from the individual Members in writing: L Mr _ Adams REC-1O0 PEMr: Cregas 1 5 Mr. Wannall 1 Mr.Farringto= 1 4 Mr _ White 1 5 Mr _ Bowers 1 4 Mr. Mintz 4' DWB:kis (9) CONTINUED 4 OVER MAY 14 1975 SEE ADDENDUM PAGE TWO RsGs)gaYpocEa.9759532 Page 132 Dept #mdeib BYSP-? 5 [ore th4 they XBRQZ 7975 11 Jum DwJe' ================================================== Page 133 ================================================== Legal Counsel to Mr. Adams Memo RE: SENATE SELECT COMMITTEE ON INTELLIGENCE ACTIVITIES HOUSE SELECT COMMITTEE ON INTELLIGENCE ACTIVITIES This matter was discussed with Congressman Nedzi on 4-9-75 , and he stated he would promptly contact Mr. Harding to work out the necessary arrangements for security checks needed by his Committee and its Members. Harding has promised to let us know when the checks of the House Select Committee Members have been completed. All contacts concerning this matter have been handled by Inspector Bowers who will continue to follow this situation with Senate Sergeant at Arms_ William Wannall , or his Deputy; House Sergeant at Arms Harding; Mr_ Milier of the Senate Select Committee; and Congressman Nedzi. RECOMMENDA TION: For information. Yp Ile ADDENDUM: INTELLIGENCE DIVLSTON WOC :ekw 4/14/75 On 4/11/75 the Executive Committee of the Ad Hoc Coordinating Group on Congressional Review for the Intelligence Community was apprised of the discussions with Mr Robert Hough, the Deputy Sergeant at Arns of the Senate and with Mr Kenneth Harding 9 Sergeant at Arms of the House Although the Executive Committee would have preferred' the FBI to conduct audio sweeps they interposed no objection to the sweeps being handled by the Capitol Police Department Mr _ Roderick Hills Counsel to the President requested, however that both Mr Hough and Mr Harding be requested to periodically advise the FBI as to the sweeps of Committee space for electronic listening devices_ Specifically, Mr Hough and Mr Harding should be asked to furnish the FBI the following: How frequently they will conduct a counteraudio sweep; what offices will be swept , will the results of such sweeps be furnished the FBI, and will the FBI be immediately notified should the Capitol Police locate an electronic listening device? l 2 ~ {u NWV 88296 Docld:32989532 Page 133 Obv (yk ================================================== Page 134 ================================================== 5-113a (Rev. 3-21-73) Arelligence Division INFORMATIVE NOTE Gb 5 Date 5/5/75 Attached teletype reports results of contacts by Newark Office with three former Bureau Agents to alert them they might be contacted by staff of Senate Select Commit tee on Intelligence Activities (SSC) Former SA Leo Clark (e.0.d - 1/11/43; retired 2/1/65; Sr RA, Atlantic City, New Jersey, 1944 to retirement) was bellig- erent concerning our contact of him. He had previously testified before Watergate Committee regarding 1964 Democratic Conven- tion in Atlantic City and gave same infor- mation to SSC Staff Members 4/17/75 . (Clark was one of Agents on FBI special squad at Atlantic City during convention) ACTION : Copy of -this teletype being placed in personnei file of former SA Clark for due consideration should interview of him be entertained in the future V)P wzs Mr _ J. A. Mintz Cen i General Investigative Division Inspection Division K %1 FP:lfj Doj/fbl NW 88296 Docld:32989532 Page 134 Co374892/6 Iing= g2+r 'OFa"TON INFC 4RREII DATE ================================================== Page 135 ================================================== 4-312 (Rev. 12-11-73) Date of Mail 3[27[75_ Has been removed and placed in the Special File Room of Records Section. 6 See File 66-2554-7530 for authority. IS Subject JUNE MAIL SENSTUDY -75 7 9 MAY 1 9 1975 Removed By File Number 62-116395-124 Permanent Serial Charge Out DojifBI NW 88296 Docld:32989532 Page 135 onths #ie)e Fene CONTATNED FSPennlt UNCLASSIFIED LTIOR INFORMA= ALb L-I?eL DATE ================================================== Page 136 ================================================== Asso- Dir: Dep-Lb; Dep.AD Asst; Dtr, FEDEXAL Bureau (F investigation Admin. NRO 1 4 NK CODED COMMunications SECTION Comp Syst: Ext Affairs Files & Com 9:42PM URG ENT 5/2415 DJP AAY cv . 1975 Cen, Inv, Ident; TO DIREC TOR (62-146395) Inapection Talervpe Intell, FROM NEWA RK XRSLI ALelzdex Pldrat % & Mval: Ex14p742 Spcc Inv. SENSTUDY 75 Training Kev 9e Lcgel RE: BUREAU TELETYP E TO ALEXANDRIA, MAY 2 , 1975, Telephone Rr Ut Director Sccty FORMER LEO TKOMAS CLARK CONTACTED MAY, 2, 1975 , BY SAC PAUL J, MOHR A ND HE WaS TOLD HE MIGHT BE INTERVIEWED BY THE ssCGc vAi € scLkt7 TT" STAFF MEMBERS AND THA T IF QUESTIONS WERE ASKED WKICH RELA TED TO SE NS I TIVE BUREAU OPERA TIONS KE COULD REQUEST THA T An FBI AGENT BE PRESENT. CLARK VOLUNTEERED KE WAS SUBPOENAED BEFORE WA TERGA TE COMMI TTEE A ND TES TIFIED. ALL THIS MA TTER WAS REPORTED In PRESS. Aglso VOLUNTEERED THA I on AP RIL 17, 1975 , HE Was INTERVIEWED MMI TTEE STAFF MEMBERS In WASHING DC. on SAME MA TERIAL RE- 0 RDI NG 1964 DEMOCRA TIC PARTY NOMI NA TION CONVENTION_ STAFF 1 ENBE ERS WERE MICHAEK EPSTEI N, Mok G TERS TEI N, LOCK JohNSON KE SAID THEY HAD ALL 0F His PREVIOUS TES TIMONY AnDd WENT QVER SAME MA TERIAL. A T IKE END OF THE CONVERSA TI -JOLA RK BECA ME BELIG L3 1/63/- FOrreh2 STA TING HE: ONLY TOLD THE TRU TH REGA RDI NG HIS AC TIVI TIES 1 BUREAU AnD ADVISED THE BU REAU TO DO THE SAME: HE WANTED 50 MKANOW 1975 WHAT ASSISTANCE An AGENT COU LD RENDER TO HIM A ND WHo Ins TRuO-EErrr urtereard TkAT HE BE COnTAC TED ND FOR WKA I REASON, CLA RK WAS ADVISED WE MERELY INTENDED To ASS IST HIM AND HE COULD ACCEP T IT OR NO T, FORMER SA , HOWARD J. WILSON, SHORT HILLS, N,Ja, ALERTED CC Ly hbto C 5 37446 Cbwl 8 4 MAY 15 7975224= nyto 4 (wilsa Docld37989532 2 > 212 / (Dsv /in) NIN 88746 Page 136 ( coztrabli 1o7Daa 'LICE ITT3 '33IFIN ALL TICL:' 3HLLl ~0 V} Couz SA , ( tan (fest62) Ton, Bep UNIT REC ' PERS ================================================== Page 137 ================================================== PAGE TWo ASAC WILLIAM BAILEY PER RETEL AND WAS APPRECIA TIVE AND STA TED HE HAD No T BEEN ConTAC TED BUT WOULD ADVISE THE NEWA RK OFFICE IF ConTAC TED In THE FUTURE. FORMER SA , JohN PATRI CK DEVLI N, LIVINGSTon, N.J,, CONIACTED BY ASAC WILLIAM BAILEY AND ALERTED PER RETEL AND SIA TED HE HAD NO ADDI TIONA L INFORMA TION OTHER ThAN SET FORTH In NEWA RK TELETYPE AP RIL 30 LASI. END HOLD FOR FOUR MAH FBIHQ ACk FOR ONE NW 88296 Docld: 32989532 Page 137 ================================================== Page 138 ================================================== 1, 5 Mr _ J, A_ Mintz 1 - M. W. Ra Wannall 2, 1975 1 - Mr. #. 0_ Cregar Y ORAL IIFORMATION PROVIDED 70 THE SENATE SELECT COMITTEE (SSC) 2: - Mr . S. F . Phillipl IIVESTIGAT ING IIELLIGEMCE ACIIVITIES 1 1. SUBJECT : Martin Luthcr Jr 2 2 WITESS ORGAIIZATION: Mr . Lich Mhitson, ~ retired Speciol Agent , FBI 3 . CLASSIFICATION OF INFORMATION : Unclagsified 3 4 SUMMARY OF CONTENT : 6 Mr _ Ehitgon Tzas questioned and furnished information 0 concerning thc former FBI investigation 02 Martin Lucher Jr_ 0 5_ DATE OF ITTERVIEI A:ID BEFORE TIOM: Interview conducted by r . Michael Epstein, Stazz 3 Menber , SSC , in percon 4/23/75; supplencnted by information Epstein obtained Erom Thitcon telephonically 4/24/75 _ 6_ ORGALTIZATION REFIREACE NO: FBI file 62-11639 2 k REC 100 62 - /6 2v. 7 _ RELATION TO INTELLICENCE COMMUITITY PROBLNS: None _ IG MAY 13 62-116395 Assoc. Dir. 1 100-106670 (Martin Luther Jr.) Dep. AD Adm. Dep. AD Inv. 1 67-29405 (Personnel File Retired SA Lish Fhitson) Asst. Dir.: Admin. Syst. Per Ext. Affairs {1o) F iles & Com; Gen. Inv. WOTE: Originalivia liaifon to Cettrel Community Index in Ident. eonnection vith Sen: Endy 75. Memorandum from W_ R. Fannall to Inspection Intell. J_ B_ Adams 4/23/75 "Senstudy_75; Former Supervitor Lish Whitfon; Laboratory Assigned Intelligence Divit ion, II recommended, and it va] approved _ Plan. & Eval; Spec. Inv. Ehat an Abstract rould be provided for the records of the Cencral Tra Community Index concerning the interviev of Whitton by Iche SSC . Legal Coun. Telephone Rm. Secsy TELETYPE UNIT GP( 534-346 NASUER-ObdaENySou Page 138 1 8pwc&+ 3 Nay E 1 2 1 King, Kins, 1975 King, ~SFP:elaek J Comp. ining ================================================== Page 139 ================================================== 1 3 M_ McNiff Cuii 5 , 1975 Z-Mr.S,F.Phillips ALL MATERIAL FOR]JOINT COMMITTEE ON"INTERNAL REVENUE TAXATION 1. TITLE/ SUBJECT : FBI ' 8 Inveat LgatLon of Extremlgt OrganLzat Lons end IndlvIdualo 2 ORIGINATING ORGANIZATION: FBI 3_ NATURE OF MATERIAL : Letter from FBI to M_ Laurence N. Hoodworth, Chtef Of Staff Jolnt CorIttee On Internal Revenue TaratIon, dated 4/10/75 _ 4 DOCUMTNT CLASSIFICATION: Uncla351f-ed 5 _ NATIONAL SECURITY INFORMATION STAM : NA 6 SUMARYLOOFCCONTENTS : The Jolnt Coumittee requested the nanes of FBI employees who made the decLsLon to provLde the SpecLex ServIce Staff (ActivIst OrganLzatLon CormIttee) of the Internal Revenue ServIce wIth FBI reports relatIng to the FBI 8 Investf- Jon of extrenlst organLzat Lons and LndLviduals _ The FBI regponge Wa8 that the matter had been thoroughly researched and It wa8 establ Lshed that the decLston In the above satter wes Perbonally pade by the late J. Edgar Hoover 0 then Director of the FBI _ 7 . REQUESTERI DATE OF REQUEST < Jolnt Conmittee On Revenue Texation. 3/28/75 REC 10Q 7773172| 8 _ RELEASING AUTHORITY : FBI hh) 9 _ DATE OF SUBMISSION : 4/10/75 L 10 _ LOCATION OF FILE COPY ; 62-17909-1104 (6 MAy 13 1975 Assoc. Dir. AD Adm. Dep: AD Inv. 11_ RELATION To INTCLLIGENCE COMANNITY PROBLEMS; Thfs Asst. Dir,: matter 18 of JoInt Intereet to the FBI and the Internel Revenue Admin. Syst, ServIce _ Ext. Affairs Files & Com. 72-116395 Gen, Inv SFP :ekw Ident. Ins pection NOTE: Originebvia liaison to Central Comunity Index in Intell. connect ion with Senstudy Z5 _ See memorandum R_ L: Shackelford to Laboratory Mr W R_ Wannall 474775 MInternal Revenue Service Investigations Plan. & Eval. Spec. Inv. of New Left and Extremist Organizations and Individuals_ TJMdgr Tra Legal Coun. Telephone Rm_ 8cx"MY 4 5 197RoOM TELETYPE UNIT (iu) 534+.54, 4WN}88296 Docld: 32989532 Page 139 Ailicu May INFORMATON UNCLASSIFIED HEREDTS BY3eY 0AY #TL JAKT X626 gat Al Dep. Comp. (5) &kw ining WockS ================================================== Page 140 ================================================== BTAtaTT Aosuc Dir. FEDERAL BureaU QF Investiqation Dep-AD-Admrss COMMUNication: SECTIoN Dep;AD-Inv _ Juq Aast; Dir;: MaY 19(b Admin. Comp Svst: L Exrt: Affaire Files & Con TRI FTVPE Gen. Inv. MRD04 NK CODED Ident: Inapectiorz 3.55PM URGENT 5/5/75 DJp Intell. Labrratory TQ DIRECTOR (62-116395) Plan: & Eval. Inv. Training FROM NEWARK Legal Coun Telephone Kr; SENSTUDY 75 Director Secy RE BUTELCALL OF SUPERVISOR SEYMOUR PHILLIPS To SaC , NEWA RK MAY 5 , 1975 , FORMER Sa John PATRICK DEVLIN Was RECONTACTED ,BY . ASAC , NEWARK And FURNISHED FOLLOWING INFo on MAY 5 , 1975: HE WAS ORIGINALLY CONIACTED BY TKE SENATE SELECT COMMITTEE (SSC ) STAFF MEMBER MICH AEL IAEPSTEIN TELEPHO NICALLY AT WORK (HERITAGE BANK IRON, MORRISTOWN, Ne.) 4 DAY OR Two PRIOR To HIS INTERVIEW 'on APRIL 25 , 1975. MR EPSTEIN DID Not INDICATE In AdvAnCE AREA OF INQUIRY CONTEMPLATED ANd WhEN A@KED BY FORMER Sa DEVLIN Kow HE, EPSTEIN , HAD 'OBTAINED HIS , DEVLIN'S, PHONE NUMBER At WORK , EPSTEIN INDICATED, "YOU KNow , R VE G0T WAYS ," In ADDITION , EPSTEIN TOLD HIM TKAT THE SSC HAD #F GIVEN A BROAD SCOPE OF INQUIRY AND WEEIzOGANDATED To Look INtO Fnxqatr] 0nzrr Wi7JiTTE u ACTI VITIES OF VARIOUS INTELLIGENCE GATHERI NG AGENCI ES 96 MAY 13 1975 E2STEIN DID Not MENTION ThAT HE HaD Any TYPE OF CLEARANCE But TNLrim Metann Enttrlttrc; WAS VERY POSITIWE In HIS POSITION THAT THE SSC HAD BEEN MANDA TED By CONGRESS To CoNduct INQUIRIES , EPSTEIN EXHIBI TED 8 4 May 1 5 1975., NWN 88296 Docld: 32989532 Page 140 BEG;} 06 #nelb CZIINED IO# iepzfr-l INForl4z SISIZ Spec: AE; hSbi 5-{2*78k ~1 bi.Ilb 3 ij 99-225") (Dcvln) Ce ================================================== Page 141 ================================================== PaGE Two An IDENTIFICATION CARD CONTAINING HIS PHOTOGRAPH To .IDENTIFY HIMSELF AND HE DID Not PlacE ADEVLIN UNDER OATH EPSTEIN DID Not TNDICATE WKERE HE HAD RECEI VED INFORMATION REGARDI NG DEVLIN'S PARTICIPAtION: In THE 1964 ATLANTIC CITY.CONVENTION ANd WHEN 'ASKED BY DEVLIN, HE INDICATED OnLy THAT, "WE'VE GOT WAYS" DEVLIN INDICATED TKAT EPSTEIN 'S INQUIRY WAS CONCERNED PRIMARILY WITH MARTIN LUTHER KING and THE ELSUR COVERAGE AFFORDED KING EPSTEIN 'S INTERESH APPEARED .IO ALSo CENTER AROUND who TOLD DEVLIN To G0 To ATLANTIC CITY "And THE AIMS AND PURPOSES 0F THE FBI"S ACTIVITIES AT ATLANTIC CITY, EPSTEIN SEEMED.;To BE DRI VING AI THE POLITICAL 0VERTO NES CoNNECTED WIIH THE A TLANTIC CITY COVERAG E AND HE ASKED QUESTIONS PARTICULARLY IN VOLVING THE LEGITIMACY 0F THE FBI 'S INVESTIGATION: And: WHETHER OR not FORMER VICE PRESIDENT HUBERT HUMPHREY AND THE LATE ROBERT KENNEDY WERE MONITORED AS BEING In ContACT WITH KING FORMER SA DEVLIN IndicTAED HE WOULD IMMEDIATELY ADVISE NEWARK SHOULD HE BE RECONTACTED . REGARDING THIS MATTER . END MEB FBIHQ CLR NW 88296 Docld:32989532 Page 141 ================================================== Page 142 ================================================== 4-312 (Rev. 12-11-73) Date of Mail 5/2/75 Has beea removed and placed in the Special File Room of Records Section. 60 See File 66-2554-7530 for authority. IS BY Subject JUNE MAIL SENSTUDY "75 7 9MAY 1 9 1975. Removed By File Number 62-116395-119 Permanent Serial Charge Out DoJ/fBi NW 88296 Docld: 32989532 Page 142 nls" 7rDe)6 Foenr" CONTATNBD JEBASgEenmHIG INFORMATION ADL DATC ================================================== Page 143 ================================================== OPTIONAL FORM No. 10 5010-106 MAY 1962 EditioN GSA GEN: Reg. No_ 27 UNITED STATES GOVERNMENT Assoc. Dir. AD Adm. AD Inv. Memorandum Asst. Dir:: Admin. Syst. Ext. Affairs TO Mr _ W .R. Wannal1 DATE: 5/1/75 Files & Com. Gen. Inv. ~C Ident. Inspectiok FROM W.o axegar Intell: Laboratory MrMK Pian. & Eval: Spoc. Inv. SUBJECT: SENSTUDY 75 ining ~rciing Tellephole Rm_ Difector Sec'y On 4/30/75 Mr Dnald E_ Moore, Chairman of the Security Committee , U_ S _ Intelligence Board _ 3 furnished the attached list of Senate Select Committee staff members who have been certified by the Chairman of the Select Committee to the Central Intelligence Agency as having been cleared for access to classified information up to and including Top Secret based upon a background investigation conducted by the FBI within the last five years Certain of these individuals have also been certified by the Select Committee for access to compartmented classified information in accordance with the requirements of Director of Central Intelligence Directive 1/14. Copies of the list of staff members are being attached to the tickler copies of this memorandum for retention by personnel who may be in contact with the Select Committee staff ACTION For information and record purposes _ REC-100 Enclosure 62 - 11639s LFS : tdp (8) Miret1rr3 DtXRA Mr Adams ~ Mr Mintz 18 MAY 13 1975 Mr Wannall 7 Mr J.G: Jotisngton Mr Cregar Mr Schwartz 48} Q01 6 - ONgk 1 3 1975 Aws8*ay[ Docid:32989532 Page 143 Dep. Depa Comp: IDlie INZORMATIOH = COBTAINED B14 ERDES8gB} ALL HEREIN DATE Ewk S-bc Pu WencLosure ================================================== Page 144 ================================================== Name DPOB SSN Compartmented Clearances Aaron, David 8/21/38 I1. 550-44-7971 SI, TK , BYC 4/15/75 Bader , William 9/8/31 N.J. 545-30-3377 TK, BYC 4/17/75 Baron, Frederick 12/2/47 Conn. 494-54-5241 (S Benz, Charity I. 7/23/46 N.Y_ 053-38-7410 Brooks, Nancy 2/14/40 313-38-6773 (S7 Carter , Barry 12/14/42 Cal. 567-56-8854 ISL; TK, BY34/24/75 Chesnik, Barbara 4/18/46 WI 390-46-2235 Davis, Lynn 9/6/43 FL 042-36-9155 ISL, BY94/17/75 Dawson; Thoma s 9/9/52 Minn. 471-60-1688 De Oreo, 6/13/47 Ohio 287-42-6258 Dillon, Molly 4/16/51 Va. 150-38-4588 Dwyer , Daniel 8/24/52 Ma_ 023-44-8792 Epstein, Michael T. 3/10/37 Mass . 026-28-6318 ts Fenn, Peter 12/12/47 Ma_ 213-50-1128 ISI, TK, BYC4/24/.75 Gitenstein, Mark 3/7/46 Ala. 420-60-8767 Greissing, Edward 11/27/50 Germany 296-50-4113 Hatry, Audrey 6/10/23 Md. 216-14-8691 Inderfurth, Karl 9/29/46 N.C. 245-74-5617 Johnson, Dorothy 6/8/25 OR 540-20-6413 Johnson, Loch 2/21/42 N.Z. 566-62-0478 Kieves, Lawrence 1/4/48 N.Y_ 068-38-6464 Kirbow, Charles 10/2/22 Ga_ 252-12-5112 FI, TK , BYCl4/24/75 Lombard, Charles 6/2/30 FR 578-44-9471 SI, TK , BYCJ4 /24/75 Liebengood, Howard 12/29/42 IN 307-44-9707 McDonald, Naldeen 10/19/51 Brazil 225-78-8708 5 Madigan, Michael J, 4/18/43 D.C. 042-34-3797 ISI ,_ TK, BYC4/15/75 Mar shall, Benjamin 5/4/19 NE 485-28-4503 SI, TK_ BYc/4/17/75 Maxwell, Eliot Ex 7/24/46 N.Y_ 133-34-4225 SI, TK, BYCJ4/15/75 Mecham, Martha E. 2/11/40 Ca. 528-48-6848 Miller , William G. 8/15/31 N.Y_ 109-26-4349 SSI, TK, BYC14/15/75 0'Flaherty, Jas . D_ 11/4/42 IllS 239-62-8495 ISI, TK, Byc/4/15/75 Orloff, Jan 11/14/47 Ca. 558-74-8394 Peter son, John F_ 6/15/41 Ca_ 565-56-7707 Pitts, Susan 10/24/53 Canada 020-40-7638 Romberg, Alan 12/1/38 N.Y: 107-30-8583 SSI, TK, BYC14/22/75 Schwarz, F.A.0_ 4/20/35 N.Y. 084-30-2047 SI, TK, BYC/4/15/75 Shea, Patrick 2/28/48 Utah 528-64-1965 SL, TK, BYd4/15/75 Smith, Stephanie 3/23/54 OH 282-58-6476 (s) Snider , Lewis B_ 1/12/45 N.C_ 246-72-0956 (SI, TK, BY94/24/75: Towell, Mary 4/25/44 TN 566-64-7628 Wides, Burton V. 6/14/41 N.J. 139-30-1936 (Si , TK, ByC4/17/75 6 ON: 1i6295-|1 NW 88296 Docld:32989532 144 SI, Ky: TK, Mary SRA Aunbass _ #taoe| cssiFiEDei 25xXL CECLASSIFY SNcLOSDaE Page ================================================== Page 145 ================================================== M_ J_ A_ Mintz 1 M. W. R_ Wannall ALL Iivrumiiiui UV' SaLl HEREIN /S UNCLASSIFIED 6, 1975 DATE?2ek_BY SeeJenln 1 - M. W_ 0_ Creger 6'76 ORAL INTORATIOv PROVIDED TO TE 2-Mr . S.F.Phillips GRMATE 8F1*C COLAIITTEE (SSC) INVESTICATING INTELLICINC ACTIVITIES 1 SUBJCCI } Mrtin Iuther Jr . 2 HITN SS' ORCANIZATTON} Mr . John P, DevlIn, retIred Spoctal Aent, TBI 3; CLASSITICATION 0r_INIoaMNTaON: Unclags1tLed SuMVAY_07 CONITNT } K. DvlIn Vua quastLoned and furnIshad : coneorntns cho '{orrar TBI Anvoat IsaeLon of MartIn Luther Jr 5, DAI_0P INTIVIL Ard_Aword_WHOM: Inearvtov_ condtuatod: by M. Mlehaol Epetotns Maber 0 S8C , 4/25/75 . REC-1OQ 63 16 39 -H 8 OROANIZATION RrrrrENC} No: PBI {Lle 62-1Y8338/,18 1975 RELITION To INTELLIOINC} COMANNITY PROBLCMS : None 62-116395 '00-106670' (Martin Iuther Jr.) 1 1 67-220521 (Personnel Flle Forrer SA John P. Devlin) M_ SEP Assoc. Dir. Dep. AD Adm. N4i OrlgInal via llafson to Central Commity Index in Dep: AD Inv, Asst. Dlr.: connectLomtvlth Senstudy 75 _ The furnishing of this Abstract 18 Admin. Pursuant to procedure' PrevLously established-incconnection bith a Comp; Syst. Ext. Affairs: slellar Intervlev by Bpstein of forner Agent Lish Whitson_ Files & Com. Gen. Inv. Ident . Hm Ins pecfion #att Intell. Laboratory Plan: & Eval. Spoc. Inv. Training Legal Coun. Qun Telephone Rm. 8r2rMAY 1 3 1975 ROOM TELETYPE UNIT GP() 551-545 NWV 88296 Docid:32989532 Page 145 May Xing, bueex etocU Klng, 3 #in Re King, s7/9/1 XS 0 'tebRt}) Npw wocp Rzo ================================================== Page 146 ================================================== ALL INFORMATION CONTAINtu 1 - M. J. Ag Mintz l-Mr.W.R.Wannall HEREIN IS UNCLASSIFIED 6, 1975 DATEZ ee&l BYSPY Janll 1-Mr.H.O.Cregar INFORMATION PROVIDED TO THE 2-Mr .S.F.Phillips SENATE SELEC COMMITTEE (SSC) INVEST IGATILG INTELLIGENCE ACTIVITIES 1, SUBJECT : Martin Luther Jr_ 2 . WITNESS ORGANIZATIO: : M _ Daniel J. Brennan, Jr., retired Special Agent , FBI . 3_ CLASSIFICATION OF INFORMATION : Unclagsified 4 SUMARY OF CO:TTENT : Mr _ Brennan was questioned concerning the former TBI invectigation of Martin Luther Jr_ 9 specifically " 8ur 1964 _ Hovever_ 3 he was unable to furnish any o8 the requested information concerning the investigation as V ho could not recall any infornation of the nature desired. 5 . DATE OF INTERVIEM ANDBEFORE THOM: 3 Interviert conducted by Mr . Michael Epstein, Scaff Member _ 9 SSC , 5/2/75_ 6 _ ORCALTIZATION REFERENCE NO: FBI file 62-116395. 7 7 _ RELATION TO INTELLIGENCE COMUNITY PROBLEMS : None . 62-116395 1 4 100-106670 (Martin Luther Jr.) 1 1 67-428628 (Personnel File Former SA J. Brennan, Jr.) Assoc. Dir. SFP :ekw (9) FKw) 6} . 102*4 71p AD AD 'AdNQTE Inv_ Original via liaison to Central Conmunity Index in Asst. Dira: connection vith Senstudy 75 _ The furnishing of this ~Abotnaet 18 Admin; Syst. pursuant to procedure previously established in connection with a Ext. Affoirs similar interview by Epstein of forner Agent Lish Whies8HY 13 1975 Geles ,av Com: 0 Idont. Inspection Intell: Laboratory Plan. & Eval_ Spec. Inv. Tra Legal Coun. Qu Telephone Rm. Director Sec'y MAIL ROOM VELETYPE UNIT {?0 %1-3 Vw88296 Desi43p389532 Page 146 May @07/ 8RAL King, King, ing King King, REG-iOeniel Dep. Dep. Compa wri 9 ining ================================================== Page 147 ================================================== OPTIONAL No. 10 S0i0-106 MAy 1962 EDiTiAN GSA GEN: Reg. No. 37 UNITED STATES GOVERNMENT Assoc. Dir. 1 Mr _ J B_ Adams AD Adm. Memorandum Dep. AD Inv. 1 Mr . T J. Jenkins Asst. Dir : Admin: Syst. TO MR _ J; B. ADAMS DATE: April 25 , 1975 Ext. Affairs Files & Com: Mr _ J_ A_ Mintz Gen. Inv. Ident. FROM MR- W . R WANN, Mr _ A J. Decker ALlse' 1 Mr . W_ R_ Wannall Inrgizig z Loboratory Mr . W_ 0 _ Cregar Plan. & Eval_ SUBJECT -SENSTUDY 75 Mr . S . F. Phillips Spec. Inv. FORMER SUPERVISOR LISH WHITSON ining Lagite8ll ASSTGNED WNTELLIGENCE DIVISTON Telephore Rm. Director Sec"y Reference is made to my menarauduin to you" 4/24/75 reporting interview by Michael Epstein, Staff Member of the Senate Select Committee on Intelligence Activities, of retired SA Lish Whitson concerning 3 trip to Miami, Florida by Whitson in 1964_ The was for the purpose of mailing a package to the late Martin Luther King, Jr,, and indicated we were checking our records for information regarding the expense voucher and Government Transportation Request:; (GTR) issued by Whitson and would report our f indings Jay Deane Cox, Voucher Unit Data Processing Section, Computer Systems Division, supplied the following information as to the records available concerning Whitson S travel and what the 1 procedures generally are for maintenance of travel and voucher records _ The Voucher Unit maintains a Travel Authority Card Me (TAC) for al1 investigative and any other FBI employees who have ever had GTRs issued to then_ The TACs are retained indefinitely I Q as there is no provision for their destruction. For every voucher K processed, there is recorded the voucher period, amount of voucher 1 date processed and record of any GTRs id3ed:; 3 L The TAC for Whitson r6412 S entries 8 [6 g108 that ~485 on 12/9/64 a voucher was processed for payment to Whitson in the SUm of 819.40 for travel during the period 11/1-30/64_ With that voucher was a memorandum copy of a GTR issued 11/217/64 to National Airlines in the SUm of S107,40 for air coach travel, Washington,D.C. , to Miami and return Attached to instantememorandum-is1 a Xerox of the memorandum copy of the GTR, which copy is being retained in,the Voucher Unit Because of the illegibility resuliings Xeroxing Enclosure CONT- ENUEB _ OVER 62-116395 1 7 67-29405 Forner SA Lish SFP :ekw PernGiuspteile (9) 1 3 Sw 88296 Docld:32989532 Page 147 fo4m Dep. Comp. Inse Ero" trip to from whitson p( Puu 1975 MAY ================================================== Page 148 ================================================== Memorandum to Mr J_ Be Adams RE : SENSTUDY 75 , FORNER SUPERVTSOR LISH WHITSON ASSIGNED INTELLIGENCE DIVISION 62-116395 the entries to the GTR have been reconstructed to make then readable on this Xerox_ The memorandum copy , which is being retained in the Voucher Unit, is readable _ The markings on the reverse side of the Xerox have no bearing On the date of travel but are merely entries relative to the payment to National Airlines _ It might be noted that the issue date of this GTR 11/21/64, has been determined to be a Saturday, which is the of the week Whitson recalled making the trip to Miami According to Cox, the Bureau does not maintain copies of the actual vouchers and there is a bare possibility that a voucher over 10 years old, such as the onezinvolved in this matter would be maintained anywhere in the Government , such as at the Federal Records Center ACTION : None . For information_ Rzn NeJn) 4 2 5 NW 88296 Docld:32989532 Page 148 day only Wfv) ================================================== Page 149 ================================================== Ya lbit To FEDERAL" BOREK_"_F" wvestiGaThon HaShhGTON, DC %k 8 WEX 7rawsr AKouint 63466 "30' 3,925,594 872 Zaeuatuz Gonfan 61 #egaosted uec2I M4bID) TTZEWD 22440tZ 8uv1ae ls Zll Zanffonletiet@L_loxerst rat /kox_- C0xci CraRtR ec;} 0* 0U74 8 Q; Ao }rd Trip 2 Gedv'ce #ooio" [uZ55z ISitow odlatms awo Junctnoi roins Awo wneME MGD Gin9) GLaVicc /5T6 & Uawisveu Epeci & Sucm $fTwtem 7ZR,+rtrv 3 foz ade olacxs tlf &eComPear/i05 6 {lowlr Btrtil # C Seat. {Tc fome Rouno TRip ScrvTQe Rcouiat Vnnt ard RlTurm ~silh Bulforigaticn 2 X Lerri Rr%Gar. HaVI Jor Otor TME @onKmccc% 6627a7 Tigkets RcQWestEO fvom PlaCc Of 1 7 EYctPt JS StATed AX ReCcMs? Side {Rk#SPcRstion ISSUE ctrtify RaNSHURE L1ez {ssuinG cfficer"s 1 $ JILG SGNAIURE TRAVELER Must ASCERTAIN CosT OF TRANSPORTATION AND #cAl DATA Ixpproprition Auihortza" ETC } 8 8 < ACCOMMODATIONS AND RECORD IN SPACES BELOW 8 0 TrANSFURI [0749 Aton AmI AccomMoATiON AMI_ [0Ze TOTAL to_ 0s02 1 1 8 1 TICKET AGENT Will NT ACCEPT ThiS 31-7 6 8 L NW 88296 Docld: 32989532 Page_449 2er (IF UEe @uE IOR E I I 1 Y 1 0 k ( ================================================== Page 150 ================================================== 3 n4o (thts sparo 6 0 VJvd t0 lufthor idochly scrvices rcquircd) 3 @ 4 ] 2 2 L 2] INSTRUCTIONS To TRAVELERS 6 ] 1. This Inemorandum should be forwarded in accordarce with administrative instructions. E li 2 2. inasmuch as tke merorardum card copy of the transportation request serves a very impoitcnt administrative record, care must be exercised that such copy is legible and 7 complete in all respects when forwarded. J: 3. Irdicate above the actual services furnished wkere same varies from that requested. (Sec paragraph 1 of "CONDITIONS" on reverse %f original request) Nw 88296 Docld;32989532.Page 150 moy ================================================== Page 151 ================================================== OBTIONAL FORM No. 10 5010-106 MaY 1962 EDITION GSA GEN: Reg. No. 27 UNITED STATES GOVERNMENT Assoc. Dir. Dep. AD Adm. Memorandum AD Inv. Asst. Dir.: Admin; Syst. TO Mr . J, B. Adams DATE: April 24 , 1975 Ext. Affairs Files & Com. 'Gen'Inv_ 'CONAINED Identi FROM R. Wannallen INTORMATION Inspection HEREIN SSpik1 DATE_ Plan. & Eval: SUBJECT: SENSTUDY 75 Spec. Inv. Troining FORMER SUPERVISOR LISH WHITSON Legal Coun. ASSIGNED INTELLIGENCE DIVISION Telephone Rm. 145 Director Sec' Y Memorandum captioned as above 4/23/75 reported on interview of Mr Whitson by Michael Epstein, staff member of the Senate Select Committee_ The interview related to Whitson's trip to Miami in 1964 at the instructions of former Assistant to the Director William C. Sullivan to mail a package to Martin Luther King _ Whitson telephoned my office twice this morning_ At 10:35 a , m , he advised that Epstein had asked him by telephone how Whitson had made the to Miami , meaning how it was paid for Whitson told him he had issued 2 Government Transportation Request (GTR) Epstein asked whether there was any prior written authorization for Whitson to make this trip and Whitson told him there was none Epstein asked what kind of record would have been made covering the Whitson explained that the only record that he knew of would be the expense voucher he submitted covering the expenses involved and possibly the copy of the GTR which he had issued- He explained to Epstein the voucher would merely show the GTR had been issued for a round-trip to Miami and how much per diem had been claimed in connection with the In advising of the foregoing, Whi tson stated it was his recollection he had made the Miami trip either in the late Summer or early Fall of 1964 and that Martin Luther King was "away" at the time . In my absence from the office Whitson called again at 11:05 a .m . to say that Mr Epstein asked him as to whether he had registered at the Airport Hotel in Miami and , if sO , whether it was under his own name _ Whitson told Epstein that he had registered under his own name at this, hoteltc-10 ACTION: 6 114 We are checking our records for infarmation regarding the expense voucher and GTR issued by Whitson in_eonnection with this trip and results will be ' reported_ WRW : Iml (6)2~ Pun^ Miy 2 K Adae5 5 @ Personnel of SA Lish Whitson (Out of Service) 8 & MAY 1 3 1975 NWN 88296 Docld:32989532 151 Dep. Comp. #moek ALL W . elJgBTASSIETD] trip trip. trip. 63-116390= 1975 MAY GGGEdf}i1e W@d Page ================================================== Page 152 ================================================== OPTIONAL No. 10 5010-106 Mzy' 1962 {itiox GSA GEN: ReG. No. 27 UNITED STATES GOvZRNMENT Assoc. Dir. AD Adm. Dop. AD Inv. Memorandum Assta Dir:: Admin. Syst: Ext. Affairs TO Mr_ J. B Adams DATE: 4-25-75 Files & Com. Gen. Inv. Ident. FROM Legal Counsel h kiaeic Laboratory FiCEvi & Eval. SENATE SELECT COMMITTEE Spec. Inv. ON INTELLIGENCE ACTIVITES (2/ Tologining Rn; Director Sec'Y HOUSE SELECT COMMITTEE ON INTELLIGENCE ACTIVITIES Swuias Reference Legal Counsel to Mr. Adams memorandum f 4-9-75 to which the Intelligence Division placed an addendum dated 4-14-75 showing that Roderick Hills, Counsel to the President, had requested that the Sergeants at Arms of the Senate and House of Representatives keep the Bureau advised regarding checks made for electronic listening devices in the offices of captioned Select Committees . This was discussed on 4-23-75 by Inspector Bowers with 1 8 Senate Sergeant at Arms William Wannall and his Deputy , Robert Hough They were amenable to notifying uS concerning the checks they make of Senate Select Committee space and the offices of the Members of this 1 Committee_ Hough was designated by Wannall to handle this matter. 4 Hough advised that the special Capitol Police unit had made a check 7 of Room 8146 in the Capitol on that date (4-23-75) prior to & meeting of the Senate Select Committee in that room and found nothing. Hough I stated they have received no requests whatever to make any checks of 1 the offices of individual Committee Members_ He said he had discussed this matter with William Miller Staff Director of the Select Committee, 3 I9 and- Miller indicated it would be taken up with the Committee but he has heard nothing further from him_ 62-1/6335-11 3 On 4-24-75 Bowe rs discussed this matter with Kenneth Harding, Sergeant at Arms of the House of Representatives Harding 1 stated he has had no requests for any checks of the Members "offices Orte 1 S Mr . Adams 21 MAY 6 1978 0 5 Mr_ Wannall 4 Mr_ White 1 5 Mr . Mintz 6 Mr. Cregar 72403: 1 7 Mr _ Farrington MAp 1 L Mr. Bowers DWB:kjs (9) 11 CONTINUED ~ OVER n& d284bacia.32353532 152 Dop. Compa NSUBJECT : 2 Q REC-1OQ_ Fxia XEROI 7978 [Jun Page ================================================== Page 153 ================================================== Legal Counsel to Mr. Adams Memo RE: SENATE SELECT COMMITTEE ON INTELLIGENCE ACTIVITIES HOUSE SELECT COMMITTEE ON INTELLIGENCE ACTIVITIES space of the House Select Committee since the Committee really has not begun to function as He said he has discussed this matter with Committee Chairman Lucien Nedzi, and he certainly will give us complete accounting of checks they make of this Committee's space and the space of the individual Members of the Committee. RECOMMENDATION: For information. I Jlc Rer 5 2 - NW 88296 Docld:32989532 Page 153 yet. D@ DnlA ================================================== Page 154 ================================================== OPTIONAL FORM NO. 10 5010-106 MAY 1962 Edition GSA GEN: Rec. No. 27 UNITED STATES GOVERNMENT Assoc. Dir. DepcED A86= Artb- Memorandum Asst: D Admin. Compifyst. Ext. Affairs TO Mr . J. B. Adams DATE: 3-12-75 Files & Com. Gen. Inv. Ident. Inspection FROM Legal Counsel Intell: Laboratory Plan. & Eval; Spec. Inv. SUBJECT: SENSTUDY Trolning DESTRUCTION OF BUREAU FILES "{Tatgebeaz? Rm. AND RECORDS Director Sec'y w's# Re my memorandum to you dated 2-14-75_ As indicated in referenced memorandum, the Bureau 's program concerning destruction of files and records has been suspended until we can determine whether it involves any documents that might be of interest to the Senate Select Committee on Intelligence Activities. We contacted William G. Miller Staff Director for the Committee _ 2 and he asked that we withhold further destruction f files until the Committee Counsel who had not been appointed at that time, had an opportunity to review the matter Mr . F A 0 Schwarz 3d, a New York attorney , was recently named the Committees Chief Counsel. It is recommended that representatives of the Files and Communications Division and the Legal Counsel Division meet with Mr. Schwarz and Mr. Miller at the earliest opportunity to resolve this matter. k RECOMMENDATION: That representatives of the Files and Communications I 1 1 Division and the Legal Counsel Division meet with the Chief Counsel A1 and Staff Director of the Senate Select Committee on Intelligence Activities to determine whether the Bureau '8 destruction program can be reinstituted. 3 Ii REC 56 62 ~ 1/6395_| 4 ~1-44 21 MAY 2 1976 1 S Mr . Callahan 1 Mr . Adams ~e ~ Mr _ Jenkins ~ Mr - McDermott 1 F Mr . Ash ~ Mr . Wannall 3 Mr . Mintz 1 5 Mr . Farrington 1 4 Mr. Hotis 04 WAy 8 197r JBH 516(Ay 1,5 1975 NW 88296 Dacld: 32989532 Page 154 Dep; 1 Yf ================================================== Page 155 ================================================== } OPTIONAL FORM No, 10 5010-106 MaY 1962 EDition GS^ GEN; Reg . No.27 UNITED STATES GO ERNMENT Assoc. Dir. Dep. AD Adm Dep. AD Memorandum Asst. Dir:: Admin. Syst: Ext. Affairs TO Mr . Ja B. Adams DATE: 4-24-75 Files & Com. Gen. Inv. Ident. FROM Legal Counsell R ) Insojction Kr Laboratom HEREIN IS Legal Comke Plan. & Eiva SUBJECT : SENSTUDY '75 Spec. Inv. Troining Telephone Rm. SAC Thomas Kitchens of the Louisville Office Director Sec'y telephonically advised on 4-23-75 that former Section Chief Fred Baumgardner had_been contacted Michael Epstein staff member of the Senate Select Committee and Epstein had sought to arrange_an interview Of Baumgardner_ SAC Kitchens advised Baumgardner requested that & Bureau representative be present during his interview. SAC Kitchens further advised that Baumgardner will telephonically contact SA Paul V_ Daly on 4-24-75. On 4-24-75 at 2:30 p.ms ) former Section Chief Baumgardner telephonically related that he had been requested to come to Washington for the purpose of being interviewed by Michael Epstein, staff member of the Senate Select Committee_ Baumgardner advised Epstein that he would make himself available for interview but at his office at 970 South 4th Street Louisville, Kentucky telephone number 584-5183_ Mr _ Baumgardner expressed concern regarding the interview pointing out that he was Section Chief in the Intelligence; Division for some 18 years and during the time was continually dealing with very sensitive matters which he felt were not the proper subject matter of discus - sion with people outside the FBI. Additionally he pointed out he has been out of the Bureau for some eight years and since he is not aware 0f current Bureau operations he 9 therefore, requested the Bureau have a representative present during the interview and that the Bureau representative 80 designated be thoroughly familiar with Intelligence Division operations s0 that he might be made aware of those areas which are sensitive and might compromise current Bureau investigations. He suggested that the Bureau representative should arrive sometime the day before the proposed interview which is 4-29-75 s0 that he may have a preliminary discussion with the Bureau repre- sentative concerning those areas in which he has knowledge of and pay be #unr~ sensitive_ 6 63*5- RECOMMENDATION: 'EiIG MAY 1 1975 That a representative of the Intelligence Division be made available to be present during the interview of former Section Chief Baumgardner to assist Mr. Baumgardner in insuring that he does not divulge or compromise sensitive material. 1 5 Mr. Wannall 1 5 Mr. Cregar 1 4 Mr. Hotis 1 3 Mr _ Mintz 1 = Mr. Farrington 1 5 Mr. Daly + PVD;dlg, 0 c; 431975 Ja/pv> Uiled NW 88296 Docld:32989532 Comp: molig COMTAINED 'TION TITCRHA: UNCLASSIFIED BYSRQamkzze: LieL Diir by REC-56 LEGKL wlw KAHY Page ================================================== Page 156 ================================================== OPTIONAi' FORM NO*10 5010-106 MAY 1962 EDition GSA GEN: Reg. No. 27 UNITED STATES GOVERNMENT Dir . Dep. AD Adm. Dep. AD Inv. Memorandum Asst. Dir.: Admin: Syst. TO Mr , J, B, Adams DATE: May 1, 1975 Ext. Affairs Files & Com Gen. Inv _ ALL INFORMATION CONTAINED ctio FROM W , Ra Wannal]A, HEREIN IS Intell_ UNCLASSIFIED Laboratory Plan. & Eval_ SUBJECT: SENSTUDY 75 DATEe ZoEL_BYSZL Spec. Inv_ TTa FORMER-SUPERVISOR LISH WHITSON Jani Legal ASSIGNED INTELLIGENCE DIVISION Telepeone Rm. 6276 Director Sec'Y Previous memoranda have reported former Supervisor Whitson's contact with the Bureau to report concerning an interview of him conducted by Michael staff member of the Senate SeTect Comittee on Intelligence Eneteictivities on 4/23/75 , The N interview related to Martin Luther King, Jr On 4/30/75 Whitson telephoned my office to report that he had been trying to establish in his mind the specific date When S he made a plane trip from Washington National Airport to Miami , Florida . He had previously said he thought it was in the late 1 Summer of 1964 . During a subsequent call he fixed the time as 0< the late Summer or early Fall of 1964_ During his contact, 4/30/75 , Whitson stated that to the best f his recollection, this plane took place in October 1964 . The Bureau S appreciation for his call was expressed to Whitson/ Memorandum 4/25/75 in captioned ma tter bas reported the location of information from the files of the Voucher Unit, 1 Data Processing Section, showing that Whitson traveled by plane to Miami utilizing a GTR issued 11/21/64_ It has been determined this date was on a Saturday J it being noted Whitson previously stated he made the trip to Miami on Saturday and the return trip the next a Sunday . ACTION: REC- 106 62-14239-1/0 None _ For information and record purposes #€ MAY 7 1975 L WRW lml/'(6) 3 Mr Adams ~ Mr Mintz 1 5 Mr Cregar ~ Mr Wanna11 L Personnel File of SA Lish Whitson (Out of Service) Qe Qs s5n ct NW 987HA Pecld:43289532 Page 156 Assoc. Comp. 8 trip day , ?4b3 ek 066)0 (Kinq 5 -Ovgalk +160-/ ================================================== Page 157 ================================================== Ad Hoc Staff TKE DIRECTOR OF CENTRAL INTELLIGENCE 7-464 WASHINGTON, D. C. 205c5 3 0 APR 1975 Intelligence Community Staff File MEMORANDUM FOR: Members of the USIB Ad Hoc Coordinating Staff SUBJECT Security Clearances S-st&, '75 On 25 April 1975 , we provided-you: a listing of the security clearances to date for members of the Senate Select Committee Staff_ Attached is a listing of eight additional Staff personnel certified Mr William G _ Miller 9 Staff Director 5 as meeting the requirements of Executive Order 10450 for access to classified informa- Vion up to and including Secret _ uk 85hsnko John M_ Clarke Agpoclate Deputy to the DCI fol the Intelligence Community Attachment : as stated 106 bz2 "123Z-109 trehrdd 18 MAY 7 1975 Tur 1 Mv 88254 DGcld.9759532 Page 157 by Top 4 REC Iiozkb CQATAINEDD #Lmle VFNCLQSORE} 43037 20 SpR 07Z7 28 ALL I4 ================================================== Page 158 ================================================== 30 April 1975 Staff Members of the Senate Select Committee on Intelligence Activities who have received a security investigation by the Federal Bureau of Investigation within the past five years and are certified as meeting requirements of EO 10450 for access to classified information up to and including Secret. NAME DATE & PLACE OF BIRTH SOC SEC _ NO . Belva Brissett 6-23-41 Oklahoma 440-44-6374 Margaret Carpenter 8-27_44 California 555-62-6129 Joan Erno 8-30-46 D C_ 215-46-2988 Arthur Harrigan 3-16-44 New York 141-34-1031 Diane LaVoy 11-10_48 Venezuela 165-40-3119 James Rowe 6-6-51 D.C _ 579-62-6719 Elizabeth Smith 6-21-49 New York 076-42-0199 Martha Talley 9-7-50 No _ Carolina 245-88-1368 9 F 63 (@ccosur@ b2 -Il6 395+_ /67/ NW 88296 Docld:32989532 Page 158 Top 7 8 Izg 9 EC 8 ================================================== Page 159 ================================================== OPTIONAL ForM No. 10 5010-106 MAY 1962 Edition GSA GEN: Rec. No. 37 UNITED STATES GO ERNMENT Assoc. Dir. Asst. Dir:: Memorandum 1 Mr _ J_ B_ Adams Admin. Syst. 1 Mr J_ Aa Mintz Ext. Affairs 1 Mr . E. W_ Walsh Files & Com. Gen. Inv. TO Mr _ W . R. Wannall DATE: 4/22/75 Ident. Inspection 1 Mr . J_ B_ Hotis Intell: Laboratory FROM W . 0. cregarVMy 1 Mr . W _ R= Wannall Plan. & Eval. L Mr . W _ 0 _ Cregar Spec. Inv. Training[ Legal Coun SUBJECT: SENSTUDY 75 Telephone Rra Director Sec'y This memorandum reports the' results '0f an Executive 'Committee meeting Of the' Ad Hoc Coordinating Group of Congressional Review for the Intelligence Community on 4/21/75 _ The' Executive Committee hereinafter referred to as the' EXCOM_ was 'chaired by Mr John Clarke Associate Deputy to the' Director of Central Intelligence (DCI) for the Intelligence Community in the absence '0f Mr William Colby (DCI) who: had been called to the' Hill to testify on the current situation in Vietnam Present at the meeting were Mr Philip Buchen and Mr Roderick Hills Counsels to the 'President; Mr James Wilderotter Associate Counsel to the President; Mr Thomas K_ Latimer Special Assistant to the 'Secretary Of Defense as well as senior officials of the 'State Department , National Security Agency (NSA) Office 'Of Management and Budget_ and the Treasury Department Mr Antonin Scalia Assistant Attorney General was 'scheduled to represent the Department "of Justice but J failed to appear The following matters 0f interest were discussed at the meeting: 1 KEY ISSUES I 8 The purpose' of the key issue papers is to completely 1 familiarize the White House with &ll facets "of certain key L issues which coula arise from Senate Select Committee (SSC) 4 deliberations It is hopea these key issue papers wili permit the President S Counsel to be a more articulate advocate of the' intelligence community should 0f these issues by raised. 74o6 RFC; IO6 Manriart Enclosures 16 MAY 7 1975 62-116395 Raznt 'Ailrarr Gnyen WOC : lmh mh (7) , CONTINUED OVER Vashna _ 6 , NlBasegd Page 159 Comp: 4 (l?' ================================================== Page 160 ================================================== Memorandum to Mr _ W;: R= Wannall' Re : Senstudy 75 Memorandum Cregar to Wannall dated 4/14/75 reported that Mr . J_ Dennis Miller of the' Legal Counsel Division was preparing the key issue paper entitled II Intelligence Files and Privacy. It A copy Of the outline for this paper was presented to the EXCOM with the 'commitment that a draft Of the paper would: be ready for review in the next two to three weeks _ Another issue paper is 'one being prepared by Mr Warren D. Magnusson of CIA entitled "G _ A 0 and the Audit Authorities 'Of U . S_ Intelligence Agencies II Mr Wilderotter suggested Mr Magnusson consult with the FBI inasmuch as the Bureau was currently being audited by GAO _ Mr Robert Finzel of the Intelligence Division maintains liaison with GAO representatives auditing the Intelligence Division Mr Finzel's name will be furnished Mr Magnusson for consultation purposes in line with 'the suggestion from Mr Wilderotter WHITE HOUSE RESPONSES TO' SSC REQUESTS Enclosed is a copy 0f a memorandum from James A Wilderotter to Mr John Clarke dated 4/16/75 . The memorandum advises that the White House provided copies 'of the Colby report (including annexes) as well as a list of docuents to the Senate Select Committee on 4/14/75 _ The Colby report is the document prepared for the President following the II Seymour Hersch articles which appeared in "The' New York Times alleging CIA was engaged in massive domestic surveillances GUIDELINES FOR PARAPHRASING CERTATN DOCUMENTS PROVIDED TQ THE SELECT COMMITTEES Memorandum Cregar to Wannall dated 4/7/75 attached a copy Of sanitization guidelines for docuents provided to Congressional Select Committees Attached to this menorandum are new guidelines entitled "Guidelines for Paraphrasing #i Certain Documents Provided to the Select Committees In essence the attachment is almost identical to the sanitization guidelines _ The reason for the change is the White House prefers the word "paraphrase MI rather than "sanitization II Thus guidelines under the paraphrasing description were promulgated_ 2 ~ CONTINUED OVER NW 88296 Docld:32989532 160 key Page ================================================== Page 161 ================================================== Memorandum to Mr W . R.- Wannall Re: Senstudy 75 LETER TO THE ATTORNEY GENERAL; FROM 'SENATOR: EDWARD: M _ KENNEDY Attached hereto is 2 copy 0f a letter Senator Kennedy has directed to the Attorney General Copies "0f this letter were furnished to the EXCOM by Mr Wilderotter In furnishing a copy Of this letter Mr Wilderotter noted that the Department of Justice would handle the response to Senator Kennedy after consultation with 'individual agencies as well as the White House. Wilderotter was furnishing a copy to members of the EXCOM for coordination purposes He further advised that the Department "of Justice S response woula be made a matter of record with the Interagency Registry. ACTION: For information and record purposes 582 Rva 3 7 NW 88296 Docld:32989532 Page 161 Tlllese WGJ Woc , f+' ================================================== Page 162 ================================================== Ad Hoc Stoff SECRET ATTACHMENT 75 ^ 33/ THE WKITE HOUSE WAshinGTON April 16, 1975 MEMORANDUM FOR: DR. JOHN M. CLARKE Associate Deputy to the DCI for the Intelligence Community FROM: JAMES 4. WILDEROTTER On Monday, April 14, the White House provided copies of #2 "Colby Repnrt" (including the annexes) and the attached list of documents to the Senate Select Committee 28 classified docu- ments . NSCIDs 4,' 5, and 6 4 as well &8 the obsolete and superseded NSCIDs corresponding to them 4 # were not provided to' the Committee. FEI" dG E SECRET ATTACHMENT 62- 1/6.373 /0 & Nw-88296_-Docid:32989532* Page.162 Hioranbrcopalk CONTAINE 2E0 | EEEE AL Hzrm Daral EicldSURB; _ ================================================== Page 163 ================================================== #mupl6: 'AzLVBLNEORLAECHI CONTANIED E742 DEa EEEEE Eenlaz SECRET LIST OF DOCUMENTS TO BE RELEASED TO THE SENATE SELECT COMMITTEE ON INTELLICENCE ACTIVITES 14 National Security Council Intelligence Directives (NSCIDs 5 6 These directives prescribe the organization and division of respon- Bibility of the various elements of the inte ncc community; provide procedures for the collection and production of overt inte nce; establish a communications system for the rapid reporting of critical intelligence information; and establish the National Photo~ graphic Interpretation Center. 2. Obsoleta_and_Superseded NSCIDs:"~ These documents predate the exis directives (in itern #I above) but provide esse ntially the same guidance under the bureaucratic structure established previous 218-2l2088 3: Letter from President Nixon to Director Helms This letter, issued following 2 major reviewv and re structuring of the intelligence community, set forth the Director' s re sponsibilities and established goals to channel his further effort: 11/5/71 4. NSAM 57 Peramilitary Operations 55 This memorandum defines paramilitary operations; states US policy for rendering assistance to such operations overtly or covertly and establishes a procedure for the planning and approval of paramilitary opcrations_ 6 /28 /71 5. NSAM 124 Establishment of thc Special Croup (Counter- Insurgency) 5 # This 1962 memorandum set forth procedures for ensuring the use of all availzblc government resourccs in preventing and resisting subversive-insurgency and related forms of indirect aggression in frie= countries, 6. NSAM 196 Establishment of n Executive_Committee of the National Security_Council This 1962 memorandum established 2 committee to servc s a crisis managemcnt group during the Cuban missile crisis. 7; NSC 5511 7 Establishment of 2 Nct Evduation Subcommittcc This 1955 clirective established a subconittec of the NSC for the purpose providing e stimatcs of the capability of thc USSR to inflict dircct injury on the US in time.of gcneral war, NW 88296 Docld:32989532 163 llige= llige ting by ndly 'of Page ================================================== Page 164 ================================================== SECRET ~ 2 - 8, NSAM 5815 Comparative_Evaluation Group ~ e This 1958 directive established an inter-agency body to prepare comparative evaluations of the US and Sovict weapons systems. 9 NSAM 303 This 1964 document changed the name of the Special Group (5412) to the "303 Committee"_ (The predecessor body documentation is at Tab B). 10 NSAM This 1965 memorandum disestablishes the net valuation Subcommittee of the NSC_ 11_ NSDM 40 Covert Operations This directive provides authority and sets forth procedures and responsibility for the planning, approval and conduct of covert operations_ It also brings a number Of Defense reconnaissance activities under the cognizance of the 40 Committee_ 12. NSDM 224-- This 1973 directive established a Net Assessment Standing Committee to carry out intelligence assessments as directed by the NSC. 13. NSDM 239 ~X National Net Assessment Process This directive transferred responsibility for management of the subject program from the NSC to the Department of Defense. 14. NSDM 253 4 This 1974 memorandum updated the membership of the NSC Intelligence Committee. 15,. The balance of documents included herein consist of unclassified reports, diagrams and press releases concerning the organization and functioning of the NSC and the Intelligence Community. NW 88296 SElBE36532 Page 164 3272 ================================================== Page 165 ================================================== TKE ECTOR OF CENTRAL INTELLIGENCI WASHINGTON, D. C. 20505. 21 April 1975 MEMORANDUM FOR : Members of the USIB Ad Hoc Coordinating Group SUBJECT Guidelines for Paraphrasing Certain Documents Provided to the Select Committee8 1_ Attached is & guidance paper, subject a8 abovc, prepared by the USIB Security Committee, and approved the Director of Central Intelligence. 2. In the interest of commonality in our approach to the matter of paraphrasing sensitive documents, it is requested that each of you arrange for the use of these guidelines in the handling of responses trom your organizations to requests irom tne Select Committees. Jh . C._ic John M. Clarke ro~ Associate Deputy to the DCI for the Intelligence Community Attachment be-I/6 3 983./0*&: NW 88296 Docld:32989532 165 by m0e)b 'CONTANI@DD BMlns IEORUAT7ON 401357372 F2C ALL DWFR DATE L IecLoSUnY ' Page ================================================== Page 166 ================================================== GUIDELINES FOR PARAPHRASING SENSITIVE INFOR MA TION IN CER TAIN DOCUMENTS PROVIDED SELECT COMMITTEES 1J_ The Director of Central Intelligence has recently discussed with Senator Church the need for special consideration and treatment by the Select Committee of certain sensitive aspects of intelligence activities and the Senator has expressed his recognition of this need: It is anticipated that appropriate arrangements can be made So as to avoid the risk of exposing such matters and at the same time satisfying the Select Committees' need for a full under 'standing of the intelligence community' $ activities_ Included in such matters are the identities of sensitive sources, the material provided to the United States by cooperating foreign intelligence services, the details of technical devices and systems and of operational -methods, the identities of certain employees whose safety could be jeopardized if revealed, the identities of American citizens and organizations who have cooperated with US intelligence and some additional materials the public disclosure of which would create serious foreign policy or national security prcbleng. Such material shculd be protected nct cnly frer exzegure but indeed the risk of exposure Further, recognition should be given to the need to protect certain other information which, if improperly disclosed, might impair the privacy rights of individuals _ 2. Proper procedures should enable intelligence community members to prevent risk of disclosure of sensitive sources and methods and at the same time present to the Select Committees the necessary details to allow for their proper understanding of community activities_ 3 The procedures described herein are not to be used a8 downgrading or declassification guides. All concerned should be 1 mindful that application of these procedures will not declassify , downgrade or remove from compartmentation controls any documents or information provided the Select Committees, unless individual advice to that effect is provided a$ well_ 4 What Be_Paraphrased 1 4 While it is not possible to anticipate all requirements.which may be levied by the Committees for documenting material and not NW 88296 Docld:32989532 166 May_ Page ================================================== Page 167 ================================================== pos sible to determine specifically what material should be excised from these documents, the following illustrations are offered in certain likely categories. The criteria in all cases should meet the test mentioned above. 5_ Collection_of Intelligence (a) The Committees will probably.address the matter of how intelligence is collected. Documents supporting response8 may be paraphrased by removal of identities of sensitive agents and informants, covert personnel, and contractual cover arrangements_ A descriptive phrase may be substituted, i. e. a foreign journalist, a political official in the opposition party_ No paraphrasing should be used in connection with names of individuals whose employment or former employment or association with a department or agency, does remain secret or for individuals whose present or future activitie s on behalf of the department or agency do not require that previous cover arrangements remain secret: () Some information may be required with respect to techni intelligence systems including cryptologic and communi 4 cations activities and reconnaissance capabilities. Almo st all of such material is curr ently handled in compartmentation control channels under various codewords or nicknames _ No security threat i8 perceived by use of these codenames or nicknames in classified documents _ Details of the technical systems which would reveal critical operational capabilities and contractual and funding arrange - ments which would identify individuals whose participation was obtained under agreement of continued secrecy may be excised from documents _ question on release of codeword material should be referred to the Program Manager who in turn may consult with the Director of Central Intelligence to ensure a consistent approach in the Community' s paraphrasing procedures. While documentary Bamples of intelligence obtained technical means may be in support of testimony, special consideration should be given with regard to raw products which reveal critical operational capabilities_ 2 - NW 88296 Docld:32989532 Page 167 not by , cal Any used by ================================================== Page 168 ================================================== 6_ Intelligence Estimates Finished intelligence reports and estimates do not usually contain source identifications and will not nor 'mally require para - phrasing. However, departments and agencies should review such publications to ensure deletion of sensitive source identities and details of collection systems. Administration Information concerning the administration of intelligence agencies may be required. This may include staffing charts with occupants identified: Identities of per sonnel formerly not under cover and now functioning in a cover a8signment should be deleted a5 well as those who may in the future be considered for a covert assignment. 8 General The following categories of information or specific examples may arise in any number of circumstances in documentation re- quested by the Select Committees_ In all cases, serious consideration should be given by the department or agency concerned to the necessity of 'deletion or paraphrasing of this type of information, prior to providing the document: (a) Agent or informant names or operational information revealing them_ "(b) Details which would reveal sensitive methods and techniques (1) employed in human source collection, (2) employed the physical security protection of the department' s or agency' = s per sonnel or physical environment. (c) The numbers, locations, times and other indications of recruitment, attempted recruitment or emplacement of personnel within targeted foreign organizations. NW 88296 Docld:32989532 Page.468._ for ================================================== Page 169 ================================================== (d) Names of particular employees whose physical safety or future career5 might be placed in jeopardy by exposure. (e) Foreign or US sources, official or otherwise who agreed to cooperate under terms of explicit or implied confidentiality , who would be embarrassed or endangered by disclosure of their role_ (f) Assumed identities, locations or other information permitting identification of defectors or refugees who might be targeted for retaliation. (g) Identifying information on intelligence services of friendly and neutral countries and collaboration of those services with US intelligence agencies. (h) Identification of technical foreign intelligence operations of high vulnerability or extr emely high political sensitivity- (i) Details of arrangements with US and foreign banks , investment houses, etc., in support of intelligence operations. (j) Specific information on special relationships with private firms established with the approval of corporate officials_ This includes names of firms or industrial associations that collaborate in a special manner such as providing cover for foreign intelligence operations. (k) Names of firms collaborating with US intelligence agencies in collection and assessment programs (especially those having large foreign clienteles) (1) Proprietary, trade secret or patent information. NW 88296 Docld: 32989532 Page 169 top ================================================== Page 170 ================================================== 9 Techniques of Paraphrasing Paraphrasing of intelligence material may include the physical removal of the identity of a person, place 0r thing from written communication with or without regard for the residual content. Use 0f a sub stitute terms is an example of paraphrasing which permits intelligent continuity of the material without revealing the true identity. Paraphrasing does not extend to the use of false or misleading substitute material_ The integrity of official records must be maintained. The following paraphra sing techniques apply to copie8 of records. (a) Names may be obliterated, masked or replaced with sub stitute terms, the residual material xeroxed and the copy submitted to Committees. (b) The material can be retyped or reprinted with substitute phrases or sub stltute descriptions wnich ao noi reveal the sensitive material. (c) Entire pages can be removed from some documents and replaced with a blank page carrying only reference information a8 to the location of the sensitive material within the contributing department or agency_ (a) Within a category of inquiry, it may be desirable to extract a complete document from requested material when the request is broad and all-inclusive within its field. The existence of such a document should be made known to the Committees but retained by the agency or department for review under escort of & representative of the department or agency. 10 Management of Documents_ The original record and a copy of the paraphrased version provided should be readily available in all cases_ Materials developed within an agency or department in response to requests should be 5 NW 88296_Docld:32989532 170 only Page ================================================== Page 171 ================================================== reviclved at an appropriate level for completeness, responsivenes s and accuracy_ In the case of documents or materials of a community nature, the release should be done in coordination with thc depart- ments or agencies and/or the Program Manager concerned an any paraphrasing should be agreed upon during coordination. This proposed use of paraphrasing as a special arrangement to protect selected issues contained in material provided to Select Committees by one agency may prove to be a futile exercisc if not practiced in comnon by all participating departments and agencies. It is essential to the proposal that departments and agencies attempt to employ the same criteria for paraphrasing and coordinate a$ required. This paper can serve a S general guidelines. NW 88296 Docld:32989532 Page i71 only ================================================== Page 172 ================================================== JaMES 0. EAstlud, Nibs-, CiairmaN IulCnymitTet: XrnpVC'ehetel: A#k: Mmam L #MuskA, Mena; Wh)8mijs 1c Mue,m Lapo*.0, Hamai ARd M. KenyEOY, MASS:: Chixinman Rilit ^ #Ka, Kich: Miujm Eott Pa' Yxilip ^. MATT Mich. Staom Thurm'1n 5.6 EOWAPD ~L~Nedt, MX;J. StIum ThunMono; S.C, Bircii DaYN; I*D: CIRLES MC C. KazviJ.Jrt #)_ D?rh Mth, I. Mazluw W. {uj<,Ky. cueNtin N: bu#dicic: fl. OAK. EOWARD J.GunnEY, FLL *eynmNW43icx,n.DAK. CFiRLCS Mcc: MATHIAS, Jr:' Aio: Rotn va TUNNEY, CAUr: RCJERT C: [Y7o, #. VA. EdwaRD ).GUKNRY Fu; XttV:TUNNET, @Ur; NaTHLLN LcVcNniaL; Chiiep COCNSEL VETER M:StocketT, @ilnite) Stetes Sencite Cid CoursE_ ^NO STATF ircctor CommItTEE ONTHZJUDICIARY SUBCOMMITTEE ON Administrative PRACTiCE AND PROCEDURE 6urslNt To JEC; J,$. Res: 3s, JjD CONGRESS) WASHINGTON, D.C: 20510 April.10, 1975 Honorable Edward H_ Levi RECEIED Attorney General Dpartment of Justice APR 1 4 1975 Washington, D.C . Dear Mr Attorney General: CRIMINAL DIVISIOn " A newspaper report in today 's Washington Post has 'raised serious questions as to how many rederal agencies engage in electronic surveillance and" the extent- of such surveillance At a hearing en 23, 1974 , before the Subcommittee on Administrative; Practice and Procedure, Attorney General Saxbe testified on this subject. I asked him: "Can you tell' uS about any ocher organizations or goverrment ~departnerts that are involved in any wiretapping at all today? Tf The Attorney General replied: "We do not believe that thera is anyone else ana the penalties are rather severe T (p. 495 ) I am enclosing a copy of the hearings for your convenience The recent reports raise Questions concerning the completeness and clarity of Attorney General Saxbe 's earlier testimony _ President Johnson 's executive memorandum of June 30 , 1965 3 requires that federal agencies engage in wiretapping Only with the prior approval of the Attorney General In order to answer the questions that have been raised I request that you provide the Subcommittee.wn Adiinistrative Practice and Procedure with the following_ information by April 16: 77; 013 1. A iist Of all federal departments 2 agencies ) bureaus 3 divisions, and other units that conduct have conducted,-or have authority to conduct electronic surveiliance of any:type ~(including wiretaps 2 bugs ) and other uses of any device or apparatus which can be used to intercept a Ivire or oral communication) _ ~2rimi:t;; Etlsvne" *62 - [L 6,32s +/0e NW 88296 Docld:32989532 Page 172. AnDn rnLenxn #mdr/g CONTAMIED ALMlltg Tse; ALL HZII Daja May fully ================================================== Page 173 ================================================== Honorable Edward H. Levi April 10 , 1975 Page 2 2 , For each agency listed under #1 above, the specific statutory or other au thority for the agency 's conduct of electronic surveillance 3 _ For each agency listed under #l above , all guidelinzs , procedures 3 rules and regulations relating to the conduct of electronic surveillance 4 : For each agency listed under #1 above, a specification of whether the agency 's conduct, or authority to conduct, electronic surveillance includes: a _ Electronic surveillance conducted pursuant to a court warrant obtained under the provisions of sections 2516 and 2518 of title 18 ,_ United States . Code; b Electronic surveillance conducted without a court order obtained under the provisions of sections 2516 and 2518 of title 18 , United States Code; c fiectronic Siirveillaiice condictcd #ithi; thc United States; d. Electronic surveillance conducted in foreign countries 5 . For each agency listed under #1 above 5 the nunber of electronic surveillances in place on April 1, 1975, 2nd the number of electronic surveillances in place at any time during the calendar years 1970 through 1974 (with a description of the method used in .computing these figures) I am sure you appreciate the need for the questions raised by Attorney General Saxbe 's testimony to be answered as quickly and definitively as possible _ These questions demonstrate once again the need for close cooperation betieen the Department of Justice and the Congress Many of the questions posed in this letter were originally raised in my letter of October 10 , 1973, to Attorney General Richardson The Subcommittee requested additional information on April 16, 1974, and at the hearing on May 23, 1974 _ Attorney General Saxbe indicated a Willingness at the hearing to provide this information in the near future, but none of this information has been provided . I am enclosing copies Qf the October 10, 1973, and April 16, 1974 corres 'pondence NW '88296 Docld:32989532 173 Page ================================================== Page 174 ================================================== Honorable Edwvard H. Levi April 10 , 1975 Page 3 for your convenience, and would appreciate your letting me know by Ihen the 'information requested in these letters and at the hearing will be made available _ Witn best wishes _ Sincerely , Lnvl A. Edward M_ Kennedy Chairman Subconmittee on Administrative Practice and Procedure NW 88296 Docld:32989532 Page 174 le ================================================== Page 175 ================================================== 517 Wc Iojok fornard tv hcariug fron) FOu and to Making the ncccssnrs arrangements Ior rum!" #Mnwrance Bith heet ['CrStua [ regards Sincerely, FowARD J[. KENYEDX: Chuiirian, Suhcommittce On _Ldministratirc Fracticc (nil Frocedurc_ S J. EBsEN; Chairman; Subcommittce o ( 'onstitntioral Rights. EoMcsn & McSkIE Chairman, Subommittcc 0n Surecillance: U.S. SEATE; COXIMITTKE OY TIR JtDICIARY, SUBCOM IITTE: O. ADJ[YSTRITIE ['EA(TICE _Lu F'ROCED{ EE; Washingto, D.l',, April 16, 197. JIou: JOn:x IAFITT, chiet: Internal sccurity Sccticn: Criminal Dirision, Department of Justicc, BFashington, In.U: DEAk MR. DrITT I apireeinte "(r meeting Fith me to discuss thle nature 0f the reguests by tlc Sulanumittce (} Admiuistratis7 Practice anal Praerure Ior materials relating to batranfle ss elertronic surteillaltces. The [ZWse of thls Jetter; T3 reruested, is [o metlorialize the Sthcumwittee = speritic reuuests 'The materials requested #re listed in the attached nemoraraum Of conrse: tltexe rumest:s are ut inteudletl to bt" exc-luxire Or (Xlirustire; aud &re in adaicion to atI other re"juests that Ilaty he: Itattle Wy the Satheommit;ee I apprecinte SOUE (x}uraltiou in steking to {sure tliat thcse requests Ive met [FAmMpitc: If all the uatetiatks: remeslel are noxt reatlily arailahle. I soultl "i; "8 seNWing tle 2 "cremente 9 4 thes #rr asserntbled. I "ill lonk forward to workiuz !rith JOu on: thexe aud related natter:. Trith best rcgaros. Siricerels; REXYETE BI FAFJ, Assistant ('Outnscl. MATERIAIS 0N WRELYTLE;S ELECTROXTC St"utETEL_LYCE FEQtESTED B1" TIE St;c("OMMITTEE ON AOIISTEAATITE PR.I( Tct ATD [ROCEDTRE 1 For # rejrrescntatire Erouj) (f eleetronic snrreillanaes, Please prorite tle Juaterials listeul Wler cirher * (v #{ below . I "representatire ix meant 3 Gour tbat is reprecentatire with repert tw (& ) tbe statutory cateegories nf Secricn 231173), Title 1X ( uitedl States Cale; Useil by the_ttorncy {;neril in authorizing tbe surreillat ucHs: (b) the" types (E tarzets OE the surreiilances (c) tle tslP " surreillatnce: &x-. telephone . Mlicrephone or other : aEc] (([ ) tlic tlate of #.koriza- tio of the surreill;t }c"ees Iul {t .iu-tore: Aul ater The mpree ( ourt aecisioit in tnited Stutcs 1 lmitee stute District ('ort, 407 T 27 (1"72)_ 1 Copies of dlcx"uments e(tainitg : (I) reuests for &uthoriztion of elec- tronic surreillaues Eroll he Direetur Of the FET [o the Aftornes (;elicr;: 72} authoriza ious viguetl th _Ittorcy ( FReral: (f1 nuests for runtutharizuion SI existing Hlec-trinic #itrreillatnees ftoui thie Direeror Jf tlu FBI to tEe . ornc; (;eneratl : 41 Teatuihorizrim; sirmexl W the Attorule; (;eneral: anct 630 Fen- xuttnicatioxs; Ff{Fe**Hl the FII O1* thte Ipartment "f Jusrice an] a1 telrphone COmp LWLY terarelir;g the instatlla(ict. Wlatintelaluce Or" (lisctfttinuatco af eetrunic surreillanee < TLre slot"umueuts wukl ke for atual. # oppused to hypaxtheticatl srreillauts. butt ut {((estrilf surreili:tnct utic-lt #I0 eurrenthy actire Names and oler dlaxfat #hich idleutity IaTzets o Ihe slirrcill;uces (olcl Ive: eXcive. Tlte dMents: wotll %iren [o tlte stlicommittek" statft" (} # ({etiale - tial_Hutxis; ik#poropriate" Elasures Iruia hc fakcn {0 en~ur fhat thej reatin cunafidentiatt. Tlicys cukal Im st {6 #ppropriate sa(r ot the Suxmittee OI} (oustitutional Iichts #nl tlie' Forrizu Relatios Sulcenuinittee (JL Surreil- Iucte UIILlcr (ltss ~IU( €(ulirit of (llitierutriality. I. (pits of (x #g materials r-ferreul to in 41 alwre ercent tlmt the docutueuts #tttl represtut byql helizl rather than" a(Tuatk" eleetronic ~urreil- Innces The Wilterials utnutlal, honerer; acrurately re-tlert doculueuts for #cthtal TNW 88296 Docld:32989532 Page 175 Jr; FOt Ds I" ================================================== Page 176 ================================================== 518 jurveillances; Tllo naterials Ioul} Ile supplied to Suhcommittce staf on 3 Mlon- Cuufidlential basis, since ther #vulcl rcpresent bpothetical aud not renl su veillances. In aalition, the Suhconmnittec: statr woukal Ite shown Copies of somno documonts Ior acrua( surrcill:ncee [romx #hich Iauics aud identitsin; (lara could bz Feroredl) in oralcr to COtn[ulre tllet "ith fke hotheticls 2 Copics of Jetual Or bthetical dlocumenrs re"ticctin; mch stct in thee prccess 0f reriew" #rithin thc FI[ of a rernet to iuitinte a wrarratitless (lectronic: surreillancc: At the mceting of February #ith Diretar Kcile; referret to at least a ten-step proces; sithin thc FIH[ fo: rertening 7 requst ivr a sireta p. Director Rclles indicaredl tlalt there are ennununicatiens to #tncl froui the agent In the field, the agent s superiisor; the Assisfat Agent in 'Iarxc the Agent in Charge, the superrizor_in thc appropriate liri-ion nfthe FII; the (init Chicr, the Section Chief; the Branch C'hicf: the Assistant Dircctor; tllc A~sistant to the Director; and the Director: 'Lo tte extent thac there lia, he dilierence: in the rericw procedure for "{mgs' as oppenscd to #iretaps, please proride documents refecting tllese diferences 3. Copies ot any FBI or Department nf Justire rules rcaulations. dlocuments procedurcs. manals or [ortious (€ mannals relating in any Iray to rhe izitiatioi inetallation, (Tulnct, malintenancc_ superrieion. approral_ aitlurrisaltio. rcaii- tborizatiol;. financing. O1' discontinuance o€ warrantless Biretaps (,. other elee- tronic surreilianecs 4 Copies 0f any (kcuments; rules regulations procedurcs: manuals or portions Of mannals relating to recorel-kec-pin; procedures #Wa[ iuicles: iut tlio FIT O2: the Denartment 0f Justice with respect to rarrantless electronic surreilliuuces TS SENATE CoxMITTEE O1 TITE JtDicisr StBCOMJIIITCE Ox ADJIINISTEATIVE TGACTICEA~0 F ROcEcEE TFashington, D.C,,April I7. 197+. Fon; WFIIIAM B. SATBE Ofcc of the #ttornev Gencral_ Department 0f Juxticc, Washinaton. D.C: DBAF HG ATTOR:ET GEXEEII: I an1 Friting Irith reference to m, letter to thc Attorncy Ceneral 0f Octoler 10 1978, seeking certain inFotmarion ahont #rr- rantless electrouic surrcillance_ A[ cops of this ietter ix enelasfe[ for ftlr conre- Ience: The infornation renuesteal Irouicl expand and update infortation supplieel to tle Subconimittee vrer the p;lst screral scars After sit muths, noue ot the Jnformation hals %et Iren proricxl. In your letter Of February Sth ron indicated tlat erers (ffort was being Iatee to obtain tha iuforwaticn I rcjuesstedl as expetliriously &~ _Wihli_ Af m mneetin# mlth Snhcominitte'e Stan Imst mont}: folloiing Omt' mer ting of ferur 27t! horerer;the Deparrinent st:liedl rl;lt it roultl be #illing fo proritle' only #n i+ date of the intorration Droritkl in 1971 aurl J972. #ml to rnrgiat this infanao): - tion onk: to Ine [eronally (1 a couticlential ba #is. 'Lmi< proxwsatl wottlal NGt mibet the Subcomnittce s retuiremtents, The Snbcommitte"e: requires all the infor - tion requested, uot just an undlalte of that suppliedl tuo )ears #o. Tle informa - tion proritled on a uon(-laissiliel Iasis in prerioins scars shonk:l ke proFidetlTn ri:e same basis at this tim_ To the etent tlat an," inforiaiiou i< SIE'Ioliotl flt 3 (t- fdenti:l hasis Sulrunanittee ieeiers aMd statr mst harc ac6e3 Tojf_ 1 aJn sure Sou realizc that the' Subcormittee s ueed for Ibis iuforrnation i: prcssing; As SOll are 2wre, #e Iatre bcen condacting hearings ou Trtrrntles electronic sureillane with the.Subcommittee Q11 Coustitntional Richts and thie Foreign Relations Suhcon)tittre OI1 Surreillance: In ortler to eflecrisely cxerciso "our orersight ana Icgislatire responsinilities in this area, Fe need the base o. Infornatia)u rcquested iu the le:ter: I aDI srritiug to Tequest tlmc the boulk of the information requested bc pro- vidcd to the Smlcoinmittee no larer thau April 24 in ortler (o cnaisle the Stt- comanittce t analyze Ihe data prior To ouc next scrics of hcarings hecinning Jay ith Ilease cntact Kenneth Fauiman, Assistant Counsel if sou lare a1y questions regitriling this reqnest. Tbank JOU in adrance fur YOur eooperation iu tlis mlatter: TTith best Cerson;l regards: Sincercly, Eows_LRd JI. IESEOr; Chairman, Subeommittec on Adwinistralire Practicc and Proccdurc- NW 88296 Docld:32989532 Page 176 ================================================== Page 177 ================================================== "AMES 0. {XS UN?, Misj , chrinmay icclclljs AaK: Roman i #muska, Nrnn; {OwaRD M; #cNtieoy; Ma75,, ChairmaAN {Vi" M#" "*.C. Yir44 L fomi:; #iawa' philir ^, HaRT; michi_ sTiinm Tiiuamonio: #,c HAtt, M}C4. Iim "Cort c^. Bircif fAYM, inj. CMARLCJ MCC, ^iatiia?, Jr"' HD: KIAXEJ { _ 4451 stiioli tinmMo"D, S,C QUEFTiN N: Bu"dick; N; CAk CcjrVairo ,: OugNeY,#Li Yh, inj: MaLOY W,Cfgk, JotN V. TuniICY, CaLif. Nr uimick, #.OAK, CKKRlisncc: MaThias, Jn: Md: OyR?. V.V^ ED,Afi) J, Cuibrizy, FLA. Jakes [. FLUO, Ciiicp COuNSCL UNNEY, CALiP. Joxn# #ullomiN (ii Allnike) Stafes Senele ckice ColsSEL AND STAFY Dircctor COMMItTEc ON THE JuOiCiaRy SUDCOMMITTEE ON administrative PRACTICE AND CKOCEOURE (PURSUAtit To EC ), S. Rcs. J;D Cotsrcs;) INASHINCTON.D.C. 20510 'CONZADVDD 4 October 10 , 1973 The Honorable Elliot L_ Richardson Office of the Attorney General Departnent of Justice Washington, D.C . 20530 Dear Mr A ttorney General: As you know , the Subcomnittee on Administrative Practice and Procedure has played an active role in the area of electronic surveillance over the past several years including its role in the development and processing of the legislation which eventua Deeamle Ttlz III ct +h? Omnibus Crime Control and Safe Streets Act of: 1963 .and its hearings on wvarrantless wiretapping last year_ ~On February 5 ) 1971, I wrote Attorney General John Mitchell seeking certain intormation about electronic surveillance instal- lations wichout court orders The Department Ivas good enough to provide me with most ot the information I sought The information extended by the Department was extremely usetul in enlightening both the Comnittee and the public about the extent and ~Signfi- cance oi such surveillance The information sought and supplied dealt only With the period June 19 3 1968 through calendar year 1970 _ Since then , 0f course, the United States Supreme Court has held' that dorestic security surveillance Without a court order is uncon- stituticnal, United States V United States District Court 407 U.S . 29/ 71972). Shorcly atter Ehe Suprene Court decision our Subcomittee held hearings on warrantless Wiretapping, during which a detailed inquiry was made into the Justice Department's practices &nd proceduces in implementing the decision At the ~hearings 3 Deputy Assistant Attorney Gencral Kevin Maroney testitied that in response to the Supreme Court ruling; a certain nunber of installations "in cases involving domestic security , I to use the description in Mr Kleindienst 's statement ot June 19 9 1972 , were terminated . In a letter dated August 2, 1972 , Kr . Maroney indicated the numbers ot surveillances in; place on NW 88296 Docld:32989532 Page 177 A< Kt' 3, EMonCli 3BI" 32BCz5u inki: 1ly ================================================== Page 178 ================================================== The Honorablc Elliot Richardson Octoper 10 , 1973 Pege 2 June 29 1972 in each of the five statutory categories contained in Section 2511(3) of Title 18 United States Code_ on 14 3 1973 3 Acting Director of the Federal Bureau of Investi; gation William D. Ruckleshaus disclosed information concerning SOie 17 wiretaps that hadl been placedl on the telephones of newsren and government ufficials In order to keep this Subcommittee and the public fully informed about this extremely significant aspect of your practices and procedures 3 would you kindly provide the fol- iowing information as soon as possible ) sending uS immediately those itens of information which are readily available ) and the remainder when obtained. As I indicated in my February 5 , 1971 letter 3 I recognize that some of the statistics will be based on docunents Ihich are classified, but as earlier, the requests have been framed So as to admit of answers which should be able to be unclassified. As previously indicated 7 if you nevertheless see 2 need to classify any particular answer , please provide it separately, and it will be handled on a classified basis As used in the, folluwitly questi-ns tkc tzr: "electronic surveillance" includes interceptions of both wire and oral connunications The questions refer Only to warrantless elec - tronic surveillances A For each Of the periods calendar year 1971 3 calendar year 1972 ,.&nd January 1, 1973 to September 30 , 1973 2. please provide: The number of electconic surveillance installations placed in operation or continuing in: operation at any time during the period in terms of the number of "premises of orgenizations or individuals without regard to the number Of instrurents which may be involved in effectuating the sur~ veillances {[ to us2 the description in Mr _ Maroney's letter' of August 2 , 1972 _ I assume that thiis is the same method of computation used' by Mr Mardian in his letter of March 1,.1971; if it is please indicate the nethod of computation used by him ard provide comparable figures for the time periods specified. 2 _ Of these, please provide: a The number of electronic surveillance installations newly placed' in operation during the period; b_ The number of electronic surveillance installations continuing in operation at any time during the period but placed in Operation during a prior period, 3 . The number of each type of installation, i,e., telephone surveillances , microphone surveillances , combination surveillances, or other NW-88296 Docld: 32989532-Page-178: Also, ~May not , ================================================== Page 179 ================================================== The Honorable Ell Richardson October 10, 1973 Page 3 4 _ The number of surveillances installed during each period which continued for each of the following time categories: under one one week to one month, one month to six months over six months 5 , The numbers of electronic surveillances in which: 8. One electronic surveillance device was ins- talled; b; Two electronic surveillance devices were installed; Three to five electronic surveillance devices were installed; a_ Six to ten electronic surveillance devices were installed; e More than ten electronic surveillance devices were installed . .6. The total maximum number of surveillances in" operation at any one time during each period, as referred to in Mr Mardian 's letter of March 1, 1971 _ 7 . Tile niiiber: Cf alectzonic survcillzzccs i2stzlled 7 conducted 2 maintained or monitored by any person or organization 9 or by ery unit or employee of any state or local government_ 2 that Mere directed, supervised ) made at the request of 2 made with the knowledge of or connected in any wzy with any agency or other unit of the United States government _ 8 The number of wiretaps or other electronic surveillances conducted in 7 foreign ccuntry in which the object or target of the surveillance was a United States citizen and which were directed ; conducted, supervised_ 9 made at the request of , made wvith the knofvLedge of or connected in any way with any agency or other unit of tke United States gcvernment B _ For each of the periods 'calendar year 1971, Jenuary 1, 1972 to June 1972 ) June 20 1972 to December 31, 1972 ) and January 1, 1973 to September 30 9 1973, please provide: 9 a The number of electronic surveillances. that were installed in cases involving donestic security, a5 defined: in United States V United States District Court and as referred to in Mr Kieindienst S statement of June 19 2 2972 _ b The number of electronic surveillances that were instalied flith respect to activities of a foreign pOwver or foreign agents as described in Unitedl States V _ United Staces District Court 407 U.S at 322 C_ The number of electronic surveillances that were insta lled on domestic organizations and individuals with a "significant connection with a foreign power 2 its, agents or NW 88796 Docld:32989532 179 week , 19, Page ================================================== Page 180 ================================================== Page 4 'agencies I} as delineated in United States V United States District Court, 40/ U.S . at 309 and discussed in tne tes timony ot Deputy Assistant Attorney General Maroncy betore this Subcommittee _ The above 3 categories are intended co be FU) tually exclusive 10 a_ The particular United States government departments_ 3 agencies ) bureaus divisions and other United States government entities that engaged in electronic surveillance ot domestic organizations and individuals as described in Question Ya above _ b The particular United States government departments 9 agencies 2 bureaus 3 divisions and other United States government entities that engaged in electronic surveillanec within continental Uniced States on a toreign power or foreign zgents as described in Question Sb above @ The particular United States government departments agencies 9 bureaus 9 divisions and other United States governn nt entities that engaged in electronic surveillance of domestic organizations and individuals with signiticant connection with a foreign power 3 its agents or agencies 3 as described in Question 9c above With respect to each such department ) agency , bureau, division 7 or other govemment entity please provide the numbers of electronic surveillances installed or in operation during each time period 11. a. Please indicate whether the figures provided in Mr Mardian 's letter of March 1, 1971 included the wiretaps oi 17 newsmen and governnent otticials disclosed by Acting FBI Director Ruckleshaus on 14 , 1973_ b For each period, please indicate the total number ot other" electronic surveillances conducted , directed, supervised, made at the request ot made Nith the knowledge of or connected in any way with the EBf or the Department ot Jus tice that fere not included in the tigures provided: in Mr Mardian 's letter ot March 1, 19/1: C '12 . On June 5, 19/3 3 the White House released figures on the number of national security wiretaps installed since 1945 ) reported at page H 4343 Oi the Corgressional Record _ These figures seem inconsistent with those supplied co ne Py the Department on March 1, 19/1_ In addition, the tigures are unclear in certain res pects I would therefore appreciate' your supplying the tollowing infornation with respect to the figures released by the White House: a D the years indicated refer to fiscal or to calendar years? b_ D the totals include interceptions other than by telephone wiretaps--e.9., microphone surveillances etc.? Do the figures reter to the sum ot ali interceptions in operation during the year , or to those in operation as of a certain date--e.g., December 31st? NW 88296 Docld:32989537 Page 180 n.8 , thei May key only ================================================== Page 181 ================================================== ~The "Honorable Elliot Richarson October 10 , 1973 Page 5 a. D the figures refer to the number ot premises at which interceptions Mere made, the. number of persons who were the primary targets ot such interceptions , the number of listenirg devices ins talled, or some other nunber? e For each of the years involved, do the tigures refer to wiretapping by all governmcntal agencies or by the Federal Burcau ot Investigation? If the reterence is' to agencies other than the F.B.I,, please indicate which agencies_ How many of the interceptions reterred to related to organized crime investigations? + If the answers to the above questions do not explain the inconsistencies between the figures released by the Wlhite House and those supplied to me , please indicate any other explanation that may account for the ditierences 13_ a_ Please provide the number , names , and the present status ot all: crininal prosecutions in which electronic surveillance was used in any way in cases involving domestic security , as described in Question 9a above b Deprty Assistant Attorney General Maroney testitied betore this Subcomittee that in "practically all cases " in Which a crininal derendant Kas overteard witkout 2 Warrant; the government disclosed the surveillance to the trial court_ Please indicate the rumber 9 rames, &nd the present status ot any cases in which an electronic surveillance Oi a criminal defendant Gas made but in which such a disclosure was not made to the trial court Please also specify the nature ot any standards and procedures adopted the Departmert to ascertain and reviewv such cases ; 14. With respect to all electronic surveillances newly installed between January 1, 1973, and September 30 3 1973, please indicate the number Oi surveillances authorized under each ot the five statutory categories contained in Section 2511(3) of Title 18 3 United States Code Please also provide the Same information With respect to all electronic surveillances in place on September 30 , 1973, regardless of when they were installed_ 15 _ a _ Please set forth the standards and procedures that the Department has adopted with respect to assuring compliance with the Supreme Court decision in United States V United States District_Court_ Please also indicate the nature and c iming or any changes in the Department 's practices and procedures in this respect' b. 'Please indicate the nature of any. standards OT procedures adopted by any other department , agency , bureau, divisicn, Or any other entity of the (Inited States government to assure compliance with the Supreme Court decision _ NW 88296' Docld:32989532 181 only by Page ================================================== Page 182 ================================================== The Honorable Elliot L Richardson 'October 10 , 1973 6 I realize that I am requesting a substantial amount of information , but as you can well unders tand, this is a matter ot great current public significancc It is not only important that the Congress be kept fully informed, but also that the public be reassured that the Attorney General has full knownledge and control over the mechanisms ot our government that directly atrect the constitutional rights of our citizens Accordingly , I am transmittirg this letter in the spirit ot cooperation between the Department and the Congress stressed by Deputy Attorney General Ruckleshaus at. his confirmation hearings before the Judiciary Committee_ I very much appreciated the promptness of the' Department 's response to my initial inquiry two years ago_ I assume that much of the intormation requested in this letter is readily available Insofar as S Ome of the intormation may not be immediately available a prompt response with respect to such intormation 2s is readily available would be appreciated, With the remzining intormation provided at a later date With best wishes Sincerez Jalti Edard Kennedy Chairman Subcomnittee on Admbrrigtrative Practice and Procedure Nwi 88296_Docld:32989537 Page 182 Page_ ================================================== Page 183 ================================================== INTELLIGENCE COMMYNITY_STAEE 30 April 1975 Ad Hoc Oicif 76-466 NOTE FOR: Mr . William Cregar Federal Bureau of Investigation Sashl-'ns' This correspondence has been sent to Senator Church. John M Clarke Asgociate Deputy to the DCI for the Inte nce Community Attachments : Two letters dated 29 75 from Colby to Sen. Church 6 2 395-403 05 77 X 3 'Sk: INFORMATION 4 MAY 7 1975 NV 88296 Docid: 32989532 Page 183 llige Apr Mr, 7/6. 106 REC 1975 Ew 38 643 0e46 FoIZI 61- Ik 3 5f al Jzle EZ AuL Z 5 .( jenclosure ================================================== Page 184 ================================================== THE DIRECTOR OF CENTRAL INTELLIGENCE WASHINGTON, D. C. 20505 8 9 APR 1975 Tbe Honorable Frank Church, Cbairman Select Comrnittee to Study Govermmental Operations with Reapect to Intelligenca Activities United Statea Senata Waabington, D, C, 20510 Deaz Senatox Churcb: Ibave Your_regbast of 24 April fox additional _aterial and ve 2r6 Mozki5g t0 make it avallable to your staff &3 so8n a9 possible- I: beliave 178 wll be abla to Ieet your ten-day tirne reguirement witk tha exception of &he materiala outlined in paragrapha 4 &nd 8. Whila tba Agency' & responges tv pazagraph 3 shoull satiafy part of your request in Paragraph 4, a foll regponge Will regize & fle Bearch and reviav, #bich canno? ce accorplighed in tendeys: We do not hava aeparated the respongas t0 Director Schleginger's letter 0f 9 May 1973 2s betwieen genior operating ouicialg' and rall employee8 ox ex-employezs' re- 3p0r6292 Wfetaz of courge provide yot vbat we have a8 &'sta1t+ Tbe enswers t0 *os} of the nina pazta 0f pazagraph 8 tvill involve 2 careful flle search and 2 carsiu] reviewy fox sengitive sources and methoda inibxratior- We will do our begt; but a full anawar to para- greph 8 will require more thar ten We bava Ior other parts of your reguast ummarized material which we wll provide 30 thal your Btaff can discu3g with uJ the $est way of proceeding agalnat tbe more volurninoug backup data- Foi ex- ample, in one ingrance the backup to tbe sunary Involves a9 rary as 20,dod inder cardb In ancrber, the basic data involveg a roomful o8 riniatuziged data. Wa peed t0 be certain a9 to the precige concern of tha Coraittea in these mattera in order to reapond with tha lea3t dig- raptipp to tba sork pf the Agency and to help the staff to undergtand vbether thay nave aaked te righ: queation- Tha materiala requegted in paragraphs 5 2nd JO(a} are in tke Wstergata reportbo I tould hopa your Stafis could acquire thi9 daka fror the publiahed versions of those reports, 6 1 b1-Il6 35s7/6 7 NW-88296 Docld:32989532-Page-184 dey?- 'CONTATNED Tipel_ IWQRMATOW- 'fenl '19T75ER B3E Als DarwmT; Ir 'ENCLOSURE ================================================== Page 185 ================================================== {' + 2 ~ Ag tba inquiry progre3gea frorn a ' docurentatioa pbase t0 inter- view phaaes, it will becoze even Inora important Co adbere t0 tbe generel &greerent we bave with your staf to bave prelirinafy consul- tationa and di3cu33i029 prior to a forral requegt by the Comxittee. 1 thia way We car promote a better underatanding of the Vork ipvolved and @stabliah reasonable tire {rames &9 well. Sincerely, FIsh Biii; - W. E, Colby NW 88296 Docld:32989532 Page 185 ================================================== Page 186 ================================================== TXF DIRECTOR OF CENTRAL INTELLIGENCE WASHINGTON, D C 20505 29' APR 1975 The Honorable Frank Church Chairman Select Committee to Study Governmental Operations with Respect to Intelligence Activities United States Senate Washington, D_ C. 20510 Dear Senator Church: I believe it would be useful if I placed on the record the situation with respect to your 12 March request: I regret that you considered it necessary to issue public criticism of CIA's efforts t8 meet your needs_ As of' this writing,' the major portion of that request for CIA-originated material has been met and, I believe, in a responsive manner. At our meeting of 22 April, we agreed that if your investigators could review materials at the CIA Headquarters , it would expedite the inquiry and lessen the amount of material which otherwise would have.to be paraphrased, a process which takes a substantial amount of time. Special office space and access have been provided for this purpose. Iagreed that, should specific documents or parts:thereof be requested to be sent to the Senate Select Committee offices, the Agency would prepare these as expeditiously as possible without sacrifice to the security considerations consistent with our earlier understanding of the need to protect sources and methods from undue risk of exposure: Ialso gave you my assurance that we would assist in: the clearance of multi-agency papers involving CIA, some Of which are on your earlier request. A speed-up in the Agency's paraphrasing process is being undertaken, although as You can appreciate, this involves senior personnel with heavy demands for substantive work, and 61-1l639-107 NW88296_Docid:32989532 186 badges ID216 'CONTATEDD ALnITG ALUUEI DWORIEATZON ETTEGETSE DATB IENCLOSURE Page ================================================== Page 187 ================================================== the volume of the material you have requested is considerable_ At our meeting, I showed you & list of the materials that have already been provided, and Mr. Miller has been kept advised about the status of other materials _ In discussing some of the concerns of people in the Intelligence Community about the procedures addressed above, you agreed to raise with the Committee the question of ultimate disposition of materials provided. I understand that this is in train In this connection, I was very much appreciative of youn reassurance that you and the Committee members will consult wvith me prior to the release of any classified materials in public statements or unclassified reports of the Committee Such consultation is consistent with the spirit of the inquiry- I believe our sstaffs are working well together. There have been the usual inherent Rroblems that one can expect in an investigation of this scope: Because the Select Committee staff personnel engaged in the inquiry are relatively newv to the field of intelligence and to the seriousness of the inquiry, expectations are ambitious_ But there is something to be said for both sides of the equation. For example, we await the convenience of your investigators on selective follow-up matters on which had requested further data_ Meanwhile, we have urged and are providing the staff with detailed briefings by way of introduction to the Agency's history and functions_ I am personally convinced that direct discussions about our work and about specific instances of interest to the staff investigators will be far more direct and productiye to them (saving uS much useless work) than engaging in debates about massive document transfer requests _ To that end, I am very anxious to renew and by this letter: Iwould repeat my request to you that the Committee move personally and directly into the inquiry at an early date_ Iam delighted that you and the Committee are coming to visit our headquarters for 2 discussion of the Intelligence Community and the Agency and for an exchange on the precise interests which 2 NW 88296 Docld:32989532 Page 187 they ================================================== Page 188 ================================================== particular Committee members have concerning the inquiry- We need to understand the specific objectives the Committee seeks and relate these to the priorities of the materials you will need: I believe we can be helpful if we know these_ Again, I am convinced that the constructive long-term contributions that we both envisage from the Select Committee's work will derive in & far more concrete fashion by focusing On specific and major questions about intelligence rather than consuming an inordinate amount of time reviewing the details of all of our past history. In that way our main ene and our judgment can be addressed to what kind of intelligence we want in our free society of the futufe; rather than what we may have had %n the past. Sincerely, W . E. 3 NW 88296 Docld:32989532 Page 188 rgies TsABi Colby ================================================== Page 189 ================================================== TI.iNK Church; IdxHO, CHAIRMAN Exreiivo 5: jchi G.Towzn; TEXAS; Vice cmaimMaN Thiliza.HART; Mich: HOwARD H: WAKEC: Ja:: TENM: wALTea 7 . MONdALE, MInk: DARRY coldwaTEC: ^riz. 2_227 WALTCH D. HiuoolesToN; KY_ CHARLES McC: MaTHiAS. Jn , Mo: RO3EnT MORCAN; N.C: Richiamd $, Schweixcr,FA' GANY MART: Colo: @lnifc? Stctes Sencte Willinh G.Miller; STATT diaector #RIOERICk ^. 0. sciiivarz, J#:, CHief CounseL SELECT COMMITTEE To cuatis R: SmOTEms, Minority CCuNJZL STUD GOVERNMENTAL O?ERATIONs With Ad Hoc Staf RESPECT To INTELLIGENCE Activities (PURSUANT To 5. RES: %1,I{h CONGREss) 75-4i6 WASHINGTON: D.C: 20510 April 24, 1975 1b Br _ Willian E: Colby IEZD" Director of Central Intelligence Centrel Intelligence Agency SEzanlira Washington, D. C_ 20505 Dear Director Colby: On bebalf of the Senate Select 'Committee to Study Governental Operations with Respect to Intelligence Activities , I enclose a specification, furnished to John Clarke yesterday , Thich calls for certain mterial referred to in your. December 197k report to the President and provides further detail concerning certein CIA naterial heretofore requested_ Obviously it is not intended to linit what we: have already requested. It is Comnittee's expectation that all this zateriel shoula be produced in ten days _ 2 I was heartened the spirit of cooperetion demonstrated in your personal reassurances in our meeting on April 22, 1975 , and I understand tbat substantial meterial was nade available to u5 today &t the CIA. However 3 the fect remains tnat too #luch material called for in our document request remeins outstanding ad the system apparently being: enployed to clear naterial for us builds in excessive delavs _ A necessary prerequisite to our inquiry proceeding expeditiously--as it shoula to restore public confidence in our intelligence agencies and &evelop 2 new natiorial consensus on the proper functions of intelligence activity--is to elininate these delays _ Sinkefely yourk" Yrank 1churan Chur L tnairman Enclosure {62-t1b 2 95-_ NW 88296 Docld:32989532 Page 189 ~moe 24 , the by ================================================== Page 190 ================================================== MATERIAL TO BE SUPPLIED TO THE SENATE SELECT COFEITTEE BY THE CIA Specification of_CIA Laterial Relating Te Director Colby S Decenber 2274 Report and _Director_Colby S Jenuazy 15 1975 Senate 'Testinony The Committee original request to the CIA shoula have been interpreted to cover all of the following in that the Connittee requested all naterial underlying Director Colby's Jenuary 15, 1975 testimony before the Senate Appropriations: Cornittee_ In any event , Director Colby f s report of December 24, 1574 , nakes clear that all the ` following nateriel is central to the Committee's mandate. The CIA is requested forthwith to supply the following,es #ell 2s the materiel wnich they have alreedy collected in response to the Conmittee's Marcl 12 request _ 1 All of the instructions on "Questionable Activities" wbich were issued by: Director Colby in 1973, or thereafter , except M for tbe "selected group of attechents" which were included in the ^ 3 'Colby Report ana thus already furnishea to the Comnittee _ ~8 2. AiI files relating to the ` following "questionable 8 activities" M1 which vere mentioned in the attechnents to the Colby 0 Report: (e) Project MHBOUND II (and eny other project relatirg to "Penetration of Another Governrent Agency") Ii (b) "Reporting on Dissident Groups (c) Projects Mockingbird, Celotex I end Celotex IT (and NW 88296 Docld: 32989532 Page 190 SECRET 22 > '9 1 ================================================== Page 191 ================================================== 2 0 any other 'projects relating to surveillance, telephone m burreptitious entry or other action taken on behalf of the Agency against U.S. citizens in the United States). (a) Project Merrimac (or any other project relating to II the "penetration of donestic groups) . (e) Postal Service: (the files relating to "penetretion of the 7 mail opening or mail cover) 30 All reports made by CIA 's "senior operating officials" in response to Director Schlesinger '5 letter of 1973, asking for reports on activities which "night' be construed to be outside the (CIA 's) legislative charter"_ All employee or ex-employee.responses to the same letter as well as responses to the "standing order" referenced in the ietter and calling for such material in the. future. ~5. All: files relating to CIA 's perticipation in the "so-called Huston Plan" (referenced on page 2 of Director Colby" 1 S Report)_ 6_ Annex A of the Colby Report" (re "Coverage of Subversive Student") _ (a) memoranda by Richara Ober On the establishment of: (2) Systens for coordination Of activities (2) Dissemination of materiel (3) Regular reporting on activities 'NW 88296 Docld:32989532 Page 191 SECRET tep , mail" 'May 9 , Any ================================================== Page 192 ================================================== Tjjo (b) The interim report suggested by paragreph 3 of Mr . Keramessines Memo _ 7. Annex C (2) materials prepared for the review the Director noted in paragraph 1, of Agency efforts to monitor international It ectivities of "radicals and bleck uilitants (6) An index of all projects &evelopea by the Special Operations Group or by Agency Divisions in support" of this program- (c) 4 list of 2Ll agencies which had data links with the 8pecial Operations Group as described in paragraph: 5 of the cedo . 8_ Annex D: (Special Operations Croup-~Possible Foreign Links with American Dissidents) (2) A list of all "organizations of interest" to the Special Operations Group, including but not limited to those mentioned in the meno fror Mr - Ober. (b) A list of 2ll topic headings or subjects used for filing by the Special Operations Group. (c) A list of all individuals or groups either "speciai targets" of the Special Operations Group or of "special concern to the Special Operations Croup, ana a list of all program tergets , 2ll operational projects and all individual Agent projects . NWY 88296--Docld:32989532 Page 192 Any by ================================================== Page 193 ================================================== u (a) The naterials which constitutes or underlies the "standing requirenents M for information from the Special Operations Group by the FBI , Secret Service, and Innigration and Naturalization Service. (e) documents consisting of or relating to FBI comments on the "adequacy and relevancy" of Special Operations Croup information_ (#) reports "over the signature of the Director of CIA" basea on Special Operations Croup informnation disseminated to either the White House, the Secretary of State, the Attorney General , and the FBI_ (g) reports, special 'studies 2 or estimates requested ena prepared by the' Special Operations Group for the President , his Counsel, or the Attorney General ana for the Intelligence Eveluation Committee. (h) A description of the audio program of the Special Operations Croup_ (i) The "fornal Table of Organization" of the Special Operations Group_ 9 Anner E 11 The complete "Allegations ana Answers series_ 10 . Annex F (2} The reports from the CIA on Agency activities It "with respect to Mr Howard Hunt and other parties which were NWV 88296 Docld:32989532 193 Any Any Any Page ================================================== Page 194 ================================================== ceixEU nade available to "the appropriate lam enforcement bodies" (6) Any "information M assembled the Inspector General or made by him in regara to "CIA activity in connection with Watergate and associated matters"_ Nwi 88296 Docld:32989532 194 by Page ================================================== Page 195 ================================================== 2 J Mr _ S. F Phillips April 30 , 1975 MATERIAL FOR SENATE SELECT_CQMMITTEE (SSC) INVESTIGATING ~INTELLIGENCE ACTIVITIES 1b U#nrttuttiZksdy1107-2 74 1 TITLE] SUBJECT : Organization of the FBI 2 ORIGINATING ORGANIZAT ION : FBI 3 NATURE OF MATERIAL : Letterhead memorandum with an enclosure, FBI Functional Organization Chart 4 DOCUMENT CLASSIFICATION: Unclassified 5 _ NATIONAL SECURITY INFORMAT ION STAM : NA 6_ SUMARY OF CONTENTS: Letterhead memorandum serves 28 a cover communication to the FBI Organization Chart which was prepared 1/14/75; and advises Of certain changes in personnel since 1/14/75 . Chart identifies al1 FBI officials from Director down through al1 Assistant Directors and their respective areas 0f responsi- bilities; identifies al1 Sect,ions in all Divisions with indication of type of matters handled in Section; &nd includes a list of al1 59 FBI field offices . 7 . REQUESTER/ DATE OF REQUEST : SSC . 3/19/75_ 8 _ RELEASIETG AUTHORITY : REG3106 632 : |/334 "y0z4 Mlabm 9 _ DATE OF SUBMISSION : 4/9/75 i8 MAY 7 1975 10 . IOCATION OF FILE COPY : FBI file 62-116395769; 11. NONE _ C SFP :ekw (4) NOTE: Original via liaison to Central Community Index in ~connection with Senstudy 75 _ N4I ROOM TELETYPE UNIT GPo %54-745 FFSY &a96 @Docld:32989532 195 Impe CoEzains Spexunl 16210, 1n47 532 INTOZ'ATIo} 46L "ZMIA DAIC ,7 @€ /, ~F x1+ Page ================================================== Page 196 ================================================== 2 5 Mr . S. F. Phillips April 30, 1975 MATERIAL FOR SENATE_SELECT R ~ COMMITTEE (SSC) ') INVESTIGAT ING IITELLIGENCE ACTIVITIES Mwe_vAt 4 61 74i 1 TITLEI SUBJECT : Legal Authorities of the FBI 2 < ORIGINATING ORCANIZAT ION: FBI 3. NATURE OF MATERIAL: Letterhead menorandum with enclosures described belom I 4 DOCUMENT CLASSIFICATION: Unclassified [ 5_ NAT IONAL SECURITY INFORMATION STAMP : NA L 2 6 _ SUMMARY OF CONTENTS : ! 7 (a) Untitled memoranaum from Attorney General 3 Ramcey Clark to FBI Director J. Edgar Hoover , 9/14/67 , dealing tith FBI authority for investigations relating to riot situations_ (b) Two untitled memoranda dated 8/24 &nd 25/36 from FBI Director Hoover recording instructions received from President Franklin D. Roosevelc concerning FBI authority for invegtigations of subversive activities, particularly releting to commnigm and fascism. (c) Untitled memorandum from FBI Director Hoover co Assistant to the Director ES A Tam, 9/10/36, concerning FBI authority for investigations of subversive activities_ Assoc. Dir. ~_particularly comminism and fagcism, and the FBI function for AD Adm. the coordination of such investigations 1ith Army and Iavy AD Inv. Asst. Dir:: Intelligence and State Department _ 7718376 [ Admin, EomPAffvirs REC 106 #AY 7 Files & Com_ SFP :ekw : 'ekw) 1975 Gan. Inv . I(4) SEE NOTE PAGE TTO Ident. Inspection Intell: Loborotory Plan. & Evol; Spoc. Inv. Training Legal Coun. Telephone Rm. Director Soc'y MAIL ROOM TELETYPE UNIT GP( 534-345 8v4 88296 Tocl3 35989532 Page 196 Dep. 03 Dep. Comp. shh , ( ? "a3 , ================================================== Page 197 ================================================== (4) Pregidential directives dated 9/6/39 and 1/8/43 (President Roocevclt); 7/24/50 (President Truman) ; and 12/15/53 (President Eisenhorer) The first 0f the Roocevelt directives deoignated the FBI 08 coordinator QE all law enforcement in the U . S. regarding cspionogc, obotagc and ncutrality matters; the { ccond Roosevelt directive reitereted the firri The Truman directive Tzas 0 reiteration of the prior Roo:evelt directives. The Eisenhotrer directive expanded upon thc previou: direccives to include Atonic Energy Act violations_ 7 REQUESTE R{DATE OF REQUEST : SSC . 3/19/75 8 _ RELEASINC AUTHORITY : FBI 9 DATE OF SUBMISSIOM; 4/4/75 10_ LOCATION OF FTLE COPY : TBI €1lc 62-116395-47 11_ RELATION T0 IMTELLIGENCE COMMUNITY PROBLMMS : Some of the documents discugs role of the FBI 4s the coordinating agency in Connection with the activities 0f other intelligence comunin agencies: Arty and Ilavy Intelligence, and State_ Also , in the Presidential directive of 12/15/53_ there 1: stated the FBI responcibility for investigating ali violationt of the Atomic Energy Act NOTE: Original via Liaison to Central Community Index in connection with Senstudy 75 _ 2 - NW 88296 Docld:32989532 197 ity Page ================================================== Page 198 ================================================== 2 - Mr. S. F_ Phillips May 1, 1975 MATERIAL FOR SEIWATE SELECT COMMITTTE (SSC) t6 INVESTIGATING INTELLIGENCE ACTiVI IES TITLE/ SUBJECT : Legal Authorities of the FBI 2 ORIGINATINC ORGANIZATION: FBI 3_ NATURE OF MATERIAL; Lecterhead memorandum ( LHM) with enclosure: described below including exhibits to enclosure sone of Thich are classified "Confidential 4 DOCUMENT CLASSIFICATION: Confidential 5 MATIONAL SECURITY INFORMATION STA : Should have 7 2 6 SUMARY OF CONTENNTS ;: REC: (2 -/ll355/04 Under cover of an IHM, there Wag forwarded to the SSC an FBI "Intelligence Division Position Paper on Jurisdiction, " dated 2/13/75 _ The purpose ofrthe peper i5 to set forth an 8 analysis of the investigative authority granted by Presidential Directives 0 the Netionel Security Council, and orders 0f the Attorney General as well 48 to list statutes fron vhich the FBI Gre1s invescigative jurisdiction in the security and intelligence area of operation _ The LI noted that certginay 7 1975 exhibits to the paper Iere extracted because of "Third Agency Rule" requirements and that approvals were being sought-for clearances to subsequently furnish the excluded exhibits. 7 , REQUESTER/DATE OF REQUEST : SSC . 3/19/75 Fhvv/ Assoc - Dir. AD Adm. AD Inv. 8 RELEASIKG AUTHORITY : FBI Asst. Dir.: Admin: Syst. 9 DATE OF SUBMISSION : 4/10/75 Ext. Affairs Files & Com. Inv. SFP Ident. sekzk Inspection 7(4) Intell. Laboratory 77'62-116395 SEE NOTE PAGE TTO Plan: & Eval, Spcc. Inv Tra Legal Coun. Telephone Rm. Director fec_ 1R5 ROOM TELETYPE UNIT {P0 %f-340 "788798 Docld:32989532 Page 198 1 1 1 106 8 7 1 1 8 Lhv Dep. Dep: Compa Gcn. ining C ================================================== Page 199 ================================================== 10. LOCATIOI OF' FILE COPY : TBI €ile 62-116395-78 11. RELATIO: TO INTLLLIGENCE COMMUNITY PROBLEMS : This scudy encompasses Agrecnents and Presidcntial Directives as vell a8 Interdcparcnental Intelligence Conference and Interagency Comittee on Internal Sccurity documents igsued as Supportive evidence in delincating the invcgtigetive juris- diction of the FBI_ NOTE: Original via liaison to Central Community Index in connection with Senstudy 75_ 2 NW 88296 Docld:32989532 Page 199 ================================================== Page 200 ================================================== FEDERAL @UREAU OF INVESTIGATION Assoc.Dir; 4 Ye X Dep--AD-Adms_ CoMRAuNICATIons SECTIQN Dep:AD-Inv_ Asst. Dir:; MAY 0 5 /975 Admin: Comp: Syst; Ext Affairg Teletype Files & Com Gen. Inv. Ident; Inapection AR@01 NH CODE Intell Leboratory 44829AM URGENT 5,1975 VEM Plan: & Eval Spec Inv: TO : DI REC TOR Trairing Lega/Coun Telepaone Rm RROM: NEW HA VEN Pireetor_Secty Mu SNSTUDY 75 93 REYUTEL MAY 2,1975 , FARMER SA HOBSON H, AdcoCK WAS CQNTACTED THIS DATE BX; TKE SAC . ADcOCK WaS FURNISHED INFORMATION AS SPECIFT ED In RETEL, adCock ADVI SED THAT HE HAD NQT AS YET BEEN CONTACTED By ANy REPRESENTATI VE 0F CAP TIONED GROUP END Jdr BBIHq CLR_ 5, 0 3 1 62 116372 /03 Ned = 0 MaY 7 1975 6 [ Mtmkttu Brunjor"- 8WY 8oct375989532 Page200 MAY {p 'Wo+3 ~ #moe/6 bv- Il637 Jt COXIA INiw Seaitmlaz E33IZ? '108 Zilll" UCI Tn - IS 106 All REC #er_ ~4m1kk Y Cyr (adco 2t.67 ================================================== Page 201 ================================================== 2 - Mr. S_ F_ Phillips May1, 1975 MATERIAL FOR SENATE_SELECL_COMMTTTEE (SSC) INVESTIGAT ING INTELLIGENCE ACIIVITIES Mnc# 1 TITLEI SUBJECT : Jurisdictional Agreements I3 2 ORICINATING ORGANIZATION : FBI 1 3_ NATURE OF MATERIAL : Letterhead nemorandun vith enclosures described below DOCUMENT CLASSIFIGATION : Unclassified except for one enclosure dated 2/7/66 classified "Secret_ 11 5 _ NATIONAL SECURITY INFORMATION STAM : Should have 6 _ SUMMARY OF COITENTS: Enclosures are copies of Various documents congticuting jurisdictional agreenents between the FBI and other Federal agencies or guidelines prepared by the Attorney General with reference to investigative responsibilities between the FBI and other Federal agencies in the security field generally. The specific documents are as follows: (a) Delinitations of Investigative Dutieg Of the FBI , the Office of Nevel Intelligence= the Intelligence Division of the and the Office Of "Speccei Investigatioesc Inspector General , 0 . S_ Air Force, deted 2/23/49, with certain suppicnentel agreenents _ (e2 -[l6 355 5 Z0 REC 106 (b) Agreement between the FBI and CIA dated 2/7/66; Assoc. Dir. dm clessified "Secret _ 0 '# J Dep. AD Adm. AD Inv. Asst. Dir.: Admin. (c) Agreement between the FBI and Secret Service Comp' Syst; Leffective 7/30/73 _ Ext. Affairs Files & Com. Gen. Inv. Ident. SSFP :ekw eke' Inspection (4) SEE NOTE PAGE TTO Intell, Laboratory 72-116395 Plan. & Eval: Inv. Training Legal Coun. Telephone Rm. Diresto[ Sec"X ROOM TELETYPE UNIT (PO) 954-545 Awe88258 Docld:32989532 Page 201 #mdig 'CA TAINmQ IION IMvOz"A: UECLAS3TV92 ciz]-L2-eLxzse_nmbig ATLs "EI4 Army , Dcp. Duxkh) 2/ Spec. MKFF ================================================== Page 202 ================================================== (a) Investigative guidelines with reference to Title 11, Orgenized Crine Control Act of 1970, Regulat ion 0f Explosives, prepared by the Actorncy General, subnitted by letter to the FBI 1/11/73. 7 . REQUESTER / DATE OF REQUEST : SSC . 3/19/75 . 8 _ RELEASING AUTHORITY : FBI 9 DATE OF SUBMISSION : 4/8/75 10 _ IOCATIOM OF FILE COPY _ FBI file 62-116395-65 ll1_ RELATION TO INTELLIGENCC COMMUNITY PROBLEMS : Thege ogreements and guidelines have direct bearing on the scope of responcibility O8 other intelligence conmunity members and are in the nature of controle for both the FBI and other comunity nembers there cOmmon interests and responsi - bilities are present _ NOTE: Original via liaison to Central Community Index In connection vith Senstudy 75_ 2 83296 Docld:32989532 Page 202 ================================================== Page 203 ================================================== 2 - Mr. S_ F_ Phillips 1, 1975 MATERIAL FOR SENATE SELECT COMMITTEE (SSC) INVESTIGATING " INTELLIGENCE ACTIVITIES Lortt 1 TITLEI SUBJECT : Orgenization of the FBI 1 2 ORICINATING ORGANIZATION : FBI 3, NATURE OF MATERIAL : Letterhead memorandum (THM 1 6 DOCUMENI CLASSIFICATION: Unclassified & 4 5 _ NATIOMAL SECURITY INFORMATION STAMP : NTA 4 6 SUMARY OF CONTENTS : 3 L LHM refers to 2 request for the titles and number of FBI field Agents as8igned to internal security, intelligence collect and/or counter 'intelligence matters, operations or activities, together with the percentage of total Agent manhours devoted to such matters _ IHM advises that a current survey of al1 FBI field offices had been made to obtain the desired data but that since the information is considered highly sengitive, it Tas not furnished directly to the SSC , but being maintained in 'the Intelligence Division at FBIHQ available for reviewt by appropriacely cleared personnel of the SSC Staff upon request _ KEC: 106 2 -//63157 7 REQUESTER/ DATE OF REQUEST : SSC . 3/19/75 Tshh 8 _ RELEASIKG AUTHORITY ; FBI Assoc. Dir . AD Adm. AD Inv. 9 _ DATE OF SUBMISSION: 4/21/75 48 HY 7 1975 Asst. Dir.: Admin. 10 _ IOCATION Or FILE COPY : FBI file 62-116395-82 #0552561 6 Syst. Ext. Affairs Files & Com. 11. RELATION To INTELLIGENCE COMMUNITY PROBLEMS : None. Gen. Inv. Ident . 6 2-116395 Inspection Intell. SFP :ekw W Laboratory Plan. & Evol: ~NOTE: Original via liaison to Central Community Index in Spec, Inv. Training connection with Senstudy 75 _ Legal Goun, ( Telepb Rm. Pirs MAZSROOM TELETYPE UNIT GPO %5f 745 N T9n Docld:32989532 203 May 1 B L ion, being 7oi ) Dep. Dep. Compa (4)<k Page

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