Document text
Wheeling, IlJ.:Lnois Chicago 4-1-11-I Sub G-26! .
Finally, in November, 1968 it becme clear that
James Rayhadbeen in touchwithhishrotherJeny. Illinois
motor vehicle records showed that on August 25, 1967 James
Ray using the name of John L. Ra1m5!t.ransfen'ed his 1962
Plyrrouth to Jerry HO 44-38861-5413! . '1?-.is was during the
period when James Ray was making his way from Canada to
Binoinghan, Alabama. It has cuitinued to be a mystery
as towhyRaywe.nttoAlabama, howhe traveledthere, and
wh=.~.reheobtainedtheseveralthousan<ido11arshehadwha'1.
he arrived.
mm, at least one family member, Jerry, had lied
tothe1=BIandhadbeccmesubjecttofedera1crimina1c}"arges
for aiding a fugitive. He was never confronted with these
fa<:tsbytheBureau. Inthetaskforoe i.nterviewofJerry
Ray, he zxnfinned the__fact that he had lied to the Bureau and
had seen his brother James cn several occ:asions._f/ Jerry
denied1mcw:i.nganythinqaboutJanes' travelsorhis source
of funds lntervieu of Jerry Ray, December 20, 1976, App. B!.
However, the task force found the credibility of Jerry's
1/ 'IhetaskforceattarptedtotalktoJamsandJohnRay
butanintervieawasrefusedinbothinstanoes.
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I
i
o
i
.3t
Zdenials to be suspect. In light of this low cre-Jibilirj
and critical passage of time which has allowed the statute
of limitations to rm, e concluded that the I-BI abandoned
a. significant opportunity to obtain answers frcm family
members cmcerning some of the inportant questions about
James Earl Ray which still remain.
D. Qritical Evaluation Of The Assassination Investigation
As this report reects, there was a wealth of
information in the files ckzveloped by the FBI unrder
investigation. We have beam able to dig up some additional
data. Q-zly a small part of any of this information has
been made a atter of any official record. Sane of
it was embodied in the stipulation agreed to by James Earl
Ray and judicially aclmowledged in open court by him with
a stated reservation as to agreeing to the wording indicating
a Lad: of a conspiracy!. $c:ne emerged in Rays pcstcor:viction
efforts to get a nae trial. A quantity of the "unofficial"
evidentiary data and a great deal of mis-information was
gleaned by the news media and by trrofessional writers. 1:
is understandable therefore that many suspicims have been
generated and, because of Justice Department rules against
disclosures of raw investigative files, have gone unmswered.
First, the task force has concluded that the investi-
gation by the FBI to ascertain md capture the uurderer of
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:1Dr. Phi't:.'..n hither ltlng, Jr. , was t1-oroughly. nonestly
and mccessfully con-hated. We submit that the fnirute
details ecupacted in this report amply support this eon-
clusion.
At the very cutset of the investigaticm telegrams
went to all eld offices of the Bureau instructing the
Special Agents in Charge to take personal supervision of
the investigation, to check out all leads in 24 hours, and
noting that they would be held personally responsible.
HQ lalv-38861-153! . The files we reviewed show that this
directive was oonscientiously followed. me Bureau sought
first to identify and locate the murderer using the obvious
leads. They checked out aliases, tracked the trees left
mder the Gait alias, and used the knom fingerprints from
them.:r:dm:weaponend the contents oftheblue zipperbag
leit on South Main Street to eliminate suspects. Ibis
backtracking ended in Atlanta. At this point the Bureau
initiated a check of the crime site fingerprints against
the white male "wmted fugitive" print file. This produced
the alzmst "instant" discovery that the wanted man, Galt,
was Jenes Earl Ray, an escapee from Missouri State Prison.
In fact the "instant" discovery was a tedious hand search
started in a file of sane 20.000 prints. mt it took only
twohourstoma1<eamatchis saidbytheureauexpertsto
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E
F
5l
asbe largely sheer luck; it could have taken chys. We
accept the explanation that the fingerprint tench was a
nor-ml next resort after normal lead procedures were
exhausted. V
_ Seccnd, the task foroe views the evidence pointing
totheguilt o£James Barlliay as themanwhopurchased
the murder gm and who fired the fatal shot to be conclusive.
It was possible for the task force to create a well
documented history of James Earl Ray frcm the moment of
his escape to his capture in land, using the investigation
reports in the FBI files and to corroborate and fill in
essential details with Ray's own statements admissions!
in his letters to author William Bradford I-Iuie. From this
chronology, frcm the laboratory proof, and rm: Ray's
judicial adztlssions it was concluded that he was the assassin
and that he acted alone. We saw no credible evidence pro-
bative of the possibility that Ray and any co-oonspirator
were together at the scene of u assassination. Ray's
assertions that someone else pulled the trigger are so
patently self-serving and so varied as to be wholly unbeliev-
able. 'Ihey become, in fact, a part of the evidence of his
guilt by self-refutation.
lhird, we found that conspiracy leads §_1__i_1Ee_ Ray's
versions! had been conscientiously run down by the I-Bl even
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though they had no possible relation to Ray's stories
or to the known facts. The results were negative.
He£ourxinoevidenceo£anyoouplieity¢r92d1epart
A *5 92I§- HGII
sterile by supervening events. By hindsizht the task
force believes Jerry and John Ray could have been -
effectively interrogated further to learn their knowledge,
i:|:' any, of James Earl Pay's plans, his finances and whether
they helped him after King's death. D
Finally, the task force observed instances of FBI
headquarter's reluctance to provide the Civil Rights
Division and the Attorney General with timely reports tn
the course of the mrrder investigation. For example,
early L1 the Lm:-=-_stigati.r.e1 in e reaetion. to e press report
of Attorney General Clark's_ex-pectation of making a progress
report to the nation, FBI Director Hoover wrote: "We are
not going to ueke any progress reports" _ l-Q 1:4-38861-1061!.
The Bureau files reflect a significant degree of
disdain for the supervisory responsibilities of the Attorney
General and the operating Divisions of the Department. For
example, the Attorney General authorized the institution of
prosecutive acticn against the suspect "Galt" Birmingham
Q t further con.sul-
cnd Wxauld lose control of the situation" G-I2-44-38861-l555!.
The Bureau scenario called for then advising the Attorney
General "that circumstances have required the action taken"
We submit that in this sensitive case the Departmental
officials in Washington should have been consulted.
As another exanple, at the extradition stage of the
case, marked discourtesy was exhibited to the Attorney
General and to Assistant Attorney General Fred Vinson. In
a telephone discussion with the Attorney General who
complained of being "kept in the dark", an Assistant to
the Director accused the Attorrrey General of falsifications
and "hung up the phone". Again, when Assistant Attorney
General Vinson was detailed to England to arrange for the
Division, nnreover, should have sufficient control of the
Bureau: investigations to insure that the legal necessities
of pleading and proof are mt.
Infaimess totheureauithas tobeobserved
ol92'l4'u-:11-'Inn f92'F 'l-1&4: T92|:|r92nv+r|-unrnr 9-n 'fr92l:'|ci' nU W. ZL W aw mi h mi '3- "- a
these perogatives. We do not think it effectively did so
in the King murder case.
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0III. I1-E. S"t.G.RIT'i DN'F..S'1'IGk'i'IUN -
A. 1-BI Surveillance And I-lara_ssme:nt Of Dr. King -
1. Ini_tiation of ffefctruical 3i.ff_V¬i1:1.1'1C_:"¬7 and
EEPE A°J=1"i5i°§
h weer to rer~.tr~.-street the gtions taken by
mariners of the FBI toward Dr. King. the task force
scrutinized the basis for the initiation by the Bureau
of any action with respect to Dr. King. wring the revie:
it was revealed that on May 22. 1961, Hr. Alex Rosen, then
Issistmt Director of the General Investigative Division
Division 6!, advised Director Hoover in an information
memorandun, per his request on Dr. King and four other
individuals in connection with the "Freedom Riders,"
that "King has not been investigated by the ' r1arIJ'
frun Scatterday to Boson, Hay 22, 19e1, App. A, Ex. 7!.
Dr. King had only beam gleaned from sporadic reports.
and this particular report to the Director was provided
by Division 6 which had responsibility for civil rights
matters.
In the beginning of 1962, the FBI started mad
rapidly continued to gravitate toward Dr. King. ne
sequmce of events has already been reported in sane
detail by the Senate Select Cunnittee as well as in the
Robert Plzrphy Report which you received in March, 1976.
Kmnedy suggested consideration of technical surveillance
on King md the SCH! l-Q 1!-1.06670-3631!. Previously,
the bulk of FBI intelligence on Dr. King was securedby
technical sun-eill.a-.ce of me of his edvisors end free
informants close to his associates. However, when Attorney
General Kermedy was confronted shortly thereafter with the
Director's request for such surveillances, he reconsidered
his suggestion and denied the request HQ 100-106670-165,
171!. Attorney General Kennedy as well as several other
Department officials were sincerely concerned with King's
association with alleged ccxmzunist members since proposed
civil rights legislation wee C1151 very vulnerable to the
_ . -_a-- ---.-_ J_:92-._--8..-. 5L J-3..--5-J-._ .-Bl-5 W:-[E JILLJ-U¬lLLLl'l$ I-[E U-I-IEUL-LUII U: ~1-
civil riglts movement. Yet, an affirmative program to
gather intelligence with King as the subject was still
considered ill-advised. However, a significant turn of
events within the circles of the FBI hierarchy would soon
reverse the Attorney General's decision, and without his
knowledge the FBI would also launch an illegal counter-
intelligence program directed to discredit and neutralize
the civil rights leader.
irector i-ioov-ers demeanor toward W. Kinghas been
well publicized and is slmerized below. Certainly, as
the task force determined, this played a vital role in
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FBI affairs, as did tne Director's attitude toward the
Oommnist Party. Ch August 23, 1963, then Assistant
N ||n|92|92_ll:-L=92-|
C. Sullivan, pursuant to the Director's request, presented
a seventy-page analysis of exploitation md influence by
the Oommnist Party onthe American Negro population since
1919 HQ 100-3-116-253K!. This report and Mr. Sullivan's
synopsis showed a failure of the Camunist Party in achieving
writiag about oounnism and the
American bbgro, we had better '
1-ansnber this and profit by the
lesson it should teach us. ' Hem
fron Sullivan to Belmont, August '
30, 1963. App. A, Ex. 8!.
- Even more irrportantly. Mr. Sullivan also said
in response to the action that he now believed was
' necessitated in determining ocommist influence in the
_ civil rights nnvesnent:
"'1here.fore, it my be unrealistic
to limit ourselves as we have hem
doing to legalistic proof or definite-
ly oonclusive evidence that would
stand up in testimony in court or
before Congressional ocmnittees that
the Coummist Party, USA, does wield
substantial influence over Negroes
which one day could heccme decisive."
iri.-41.}
Ihe FBI hierarchy had no written ccm'm?.nt:s on this memo-
randum either supporting or negating the Assistant Director:
proposed line of action.
lhen, in September, 1963, Mt. Sullivan recumamded
"increased oovetage of ocnmmist inuence on the Negro"
Ohm frun Baurgardner to Sullivan, September 16, 1963,
App. A, Ex. 9!. The Director refused and ocmnented:
I can't understand how you
- can so agilely switch your think-
_ ing and evaluation. Just 8 few
weeks ago you oontended that the
Dammist influmce in the racial
movement was ineffective and infin-
itesimal. This - notw1thstandi.ng
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of specuiiic instances
the field downlwith more
age in spite of your recent
mam depreciating C? influmce
in racial movement. I don't intmd
towaste time andtnneyuntilyou
can make up your minds what the
situation really is" idem!
'I_ _i_.L.|___ __. .. ___._ ___ 1.- _92__ _1_____ n__11.|._i
J~l'lUI}lI1E'lClIlgq1BCUVBIlIHIIClCD CUBE-XVE DIILLJ-VII
request, Director Hoover also stated, "I have certainly
hem misled by previous memos which clearly showed
cmnunist paietzation of the racial movement. The
attached i.s contradictory of all that. We are wasting
manpower and money investigating CP effect in racial
mvanent if the attached is correct" Mam for the Director
frcxn Tolscm, Septarber 18, 1963, App. A, Ex. 10!.
By now the Dcmestic Intelligence Division was
feeling full weight of the Director's dissatisfaction
with their work product: Mr. Sullivan again replied on
Septeiber 25, 1963, in a hmble manner that Divisirm 5
had failed in its :I.nterpretation of otmmnist infiltratim
in theNegrom:rvement Mam£rcmSu1livant.oBe1nnnt,
Septacber 25, 1963, App. A, ER. 11!. The Assistant Director
asked the Director's forgiveness and requested the oppor-
tunity to approach this grave matter in the ligqt of the
n
that cmmmist infiltraticn "has not reached the point
of control or dtn:d.natiq1." Ihe Director curtly ooumented
that "Certainly this isnot truewithrespectto the
King comection" idem!. One could now foresee that
Dr. King would be closely watched by I-BI personnel.
In October, l963, the Director forwarded a request
to the Attorney General for technical surveillance of
W. |<.i'.ng'a resic|T1ce BT15 the Su.~"" office in lie; 1. 'V
This time the FBI received authorization for technical
surveillance and it was instituted almost immediately.
In addition. the FBI had prepared a new analysis cn
ocmmanist involvement in the Negro movement Comunism
and the Negro Movement, October 16, 1963, App. A, Ex. l2!
A cover memrandun of this analysis written by Assistant
to the Director A.H. Belurmt to Associate Director Clyde
A. Tolson reads:
li-1e attached aha1ysi.s of Cc:T:1:1.f1i5T1
and the Negro l*bve:nent is highly
acplosive. It can be regarded as a
personal attack on Martin Iuther
There is no doubt it will
have a heavy impact on the Attorney
General and anyone else to whom we
dissenrinate it . . . ''1is EID1&I'92dLIIl
may startle the Attorney General,
particularly in View of his past
association with King, and the act
that we are disseminating this out-
side the Department" Helm Eran
To the latter part, the Director wrote, "We amt do oz:
duty." Hr. Belmnt further said: -
"Nevertheless, the memarandzm is 1
pg.-.ve_r@ it Qanmnist
influence in the Negrounvenent ..."
The Director issued his feeling to this position and
added, "I am glad that you recognize at Last that there
exists such influence."
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2. Predicate? for the Sec92zityl.1j:yes_tigatim_
1 I . I a I I _.l! I; 92.l _;_.I_ I 4_L___ II.I__Ina security mvestigatim 01: uf. nai'1:1n Liiuler lung,
Jr., and the Southern Christian Izadership Conference sctc!
2-as preigted on the beliei that were under the
influence of the Gcmn.1nist Party, ihited States of America
CPUSA!. The basis for this belief was that Dr. King relied
upononeparticuJ.aradvisorwhowastabbedbyt11eFBIasa
ra:n1d.ng Ooummist Party member HQ 100-392452-133!.
This characterization of the adviser was provided by
sources the Bureau ccnsidered reliable. '1he task force was
privy to this characterization both our file review
and our September 2, 1976, conference with representatives
sf the Bureau's mtelligeng I.!ivi._sioni For seszgity
purposes the sources were not fully identified to the
task force. Therefore, the veracity of the sources and the
characterization are remaining questicns.
The advisor's relationship to King and the S618
is amply evidenced in the files and the task force
concludes that he was a most trusted adviser. 'Ihe les
are repiete with instances of his comseiing King and
his organizatim m matters pertaining to organiraticn,
-121.
finance, political strategy and speech writing. Sane
examples follow: '
'11:: eéziso-.-: organiza, in F.!.ng's pa, e .f=.a92.c!
raising society -Q 100-106670-47, 48!. Ruiz organization
undtheSCI£werei.n1argeneasure financedbyooncerts
arranged by this person HQ 100-106670-30!. He also
1a1tcounse1tol<ingandtheSCLCa1thetaxoonsequences
of charitable gifts.
Q1 political strategy, he suggested King take a
public statement calling for the appointment of a black
to tbe Suprem Court cm~1oo-106510-32, 33!. This person
advised against accept:i.ng a tmvie offer from a nude
director and against approaching Attorney General Kennedy
on behalf of a labor leader H1 100-106670-21¢!. In each
instance his advice was. accepted.
King: speech before the AFL-CIO National Convention
in December, 1961 was written by this advisor IQ 100-39245
131!. He also prepared King's May 1962 speech before the
lhited Packing House Workers Convention HQ 100-106670-119!
In 1965 he prepared respcmses to press questions directed
to Dr. King frcm a Ins mgeles radio station regarding
the los Angeles racial riots and from the "New York '1imes"
regarding the Vietnam War.
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Hm relationship between King and his advison
as indicated, 1, clear to the task force. Fhat 1; not
ciear is whether this relationship ought to have hem
ocnsidecred either a possible national security threat or
PLEA directed. We conclude that justification y have
existed for the opening of King's security investigation
but its protracted continuation was unwarranted.
Oar conclusion that the investigat.itn's opening
tray have been justified is primarily based on uamranda,
summarized below, written during the first six unnths of
19a2.' 1: is pointed out that in October, 1962 the Bureau
ordered the CCMINFI1. SCLC investigation I-Q 100-438794-9!
In January the Director wrote the Attorney General
md told him that one of King's advisers was a Ctxmlmist.
At t.hi_.s time he hlsp pointed out that the advisor wrote
article critical of the administration's handling of
civil rights. me article I-as ostensibly written by
lhrtin Luther King but in feet the t_r92.~e Q-._1111..'llJ! 1-.I=_.e "
another advisor c1uracterizedbytheFBIas cranking
member of the Camunist Party I-Q 100-106670-30, 31!.
In May the Attorney General learned that the CPUSA
ccnsidered King and the SCU3 its most important work because
the Kennedy Adninistration was politically dependent upcn
King -Q 100-106670-58!.
lastly, in June, 1962 the Attorney General became
aware that King's alleged Columnist adviser had recommended
'0
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§'meBuxeauprovideduswithnodocunentation-
thattheSCI.Cu1derDr.I ingw.sanythix1,gothertl'nna
legitiamte organization devoted to the civil rights mve-
Elli.
in the Negro rrovenent. King countered by acmsirg the
Director Of lhetting racists and right wingezrs H1 100-73
1.16-1291!. During Novenber of 1964, the Director told
a group of reporters that King was the
most mtorious liar in the ex:-1.ntry." A week later, Director
Hoover referred to "SEJQJB1 degenerates in pressure groups"
in e speech at Loyola University -Q 162-7827-16! .
Q; King end hi.-9 immediate staff requested a meeting
with Director Hoover to clear up the misunderstanding. '1he
meeting was held on IJece::ber~1, 1964. Hoover claimed that
"he had taken the ball away rcm King at the beginning,"
eaqslaining the Bureau: function and aamg most of the
talldng. Ch the other hand. King apologized for remarks
attributed to him and pmsiga the work of the mm. Thus.
an measy truce was momentarily reached. G-I2 100-106670663
607.!
However, the controversy flared again when a ietter
was circulated by the Southern Qaristian I-Jducational Fund
SCEZF! which referred to the criticism of Dr. King by the
Director md urged the recipients of the letter to write
or =.-r'..re the Praidexv: rst oiee; Ln e
memo frcm Sullivm to Belmont on December 16, 1964, Sullivan
81181526: I
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° /
Q
e
u1
§
%
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"L1 vies of this citation, realisn
makes it mandatory that we take every
prudentstep thatwecantaketoeaerge
"wwletely vizctcriocsly in this w..f.1.ict,
we should not take any inefective or
halfway measures, nor blind ourselves
_ to the realities of the situation."
uq 100-106610-921.!
We believe tzhepersistent ccntroversy between Dr.
King and Director Hoover was a mjor factor in the Bureau's
determination to discredit Dr. King and ultimately destroy
his leadership role in the civil rights movement.
4. Tecl-mfical Su:vei_11ance_
Out review of FBI files and interviews with Bureau
personnel substantially confirms with a few additions the
ndings which have already been reported by Mr. Mirphy
and the Senate Select Ccmurittee on Intelligence with respect
to the electronic surveillance of Dr. King and his associates.
We fcund that some microphone surveillances were
installed in New York City against Dr. King and his associates
which have not thus far been reported. These installatims
were as follows : D -
Hotel rig
4/2-3/65 symbol!a/3-3/es ?ni:o1! - -
1/21-24/as no symbol! e
Sheraton emu; my 100-meshes Sub~F:L1es 7-a!
12/1o-11/es syniaol!
New York Hilton NY 100-1.36585 Sub Files 1.1-12!
10/25-27/65 synbvl!
All of these installations with the ecception of
the placenent at rm krericana Hotel m Jenn-=y;' 1966
appear tohavebee-.nu'|producti've eitherbeom.:seDr. King
did not reside at the hotel as planned or the recordirgs
made did not pick up any sig-di-icant informaticn.
The installation by the New York Field Office at
ttm Imericana Hotel on January 21, to 24, 1966, caused
some consternation within the FBI hierarchy and is
illustrative of how the Bureau apparatus could. cm rare
occasion, continue to function even contrary to the wishes
of the Director. The installation was made at the Americana
on January 21, 1966, pursuant to the request of SAC Rooney
in New York. Assistant Director William Sullivem authorized
the coverage. Bureau files indicate that Associate
Director Clvde Tolson, upon being informed of the coverage
wmote'back on the same day in,a rather perturbed fashion to
have the microphone renoved "at once." Tolson advised the
Director that "no one here" approved the coverage and that
he had again instructed Sullivan to have no microphone
installations without the Director's approval. Hoover
confirmed '1o1son's directive. -IQ 100-l06670222£>X! .
No symbol number ever attached to this coverage
as was the standard practice. This-was apparently due to
the strong disapproval voiced by Headquarters. Yet, despite
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Hoover: orders, the coverage was maintained and a good
deal of intelligence on King's personal activities was
obtained and transcribed. These activities are reected
in a six page menorandun. K1 100-106670-4048.!i
Irrespective of the level of Burau approval
which nas required for electronic surveillmce installa-
tions during the Ring years, our review reinforced the
conclusions of the Smate Select Ooumittee that the purposes
behind this intelligence gathering became twisted. Several
instances of Bureau correspondence are instructive. Section
Chief Bamgardner in recommending coverage of King in
Honolulu urged an exposure of King's "moral weakness"
so that he could be "for the securityof the nation, cem-
pletely discredited" HQ 100-106670 Jme File, Memo Baurrgardner
to Sullivan, January 28, 1961+!. In a similar memo from
Sullivan to Belmont reocrrmending coverage in Milwaukee at
the Schroeder Hotel, the expressed purpose was to gather
information on "entertairrnent" in which King might be engaging
similar to that "uncovered at the Willard Hotel" HQ 100-
106670 June File, Phno Sullivan to Belnnnt, January 17, 1964! .
Director Hoover, upon being informed of the results
of the surveillance, ordered that they all be inmediately
transcribed despite DeIoach's reccnmendation that the tran-
scribing be done later HQ 100-106670-1024!. As each of the_
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_ J
file reviews has sham, portions of sumeries of die
transcripts were widely disseminated mung
officials. These disseminations included 1 rather
comprehensive six volune transmittal by the Bureau in
June, 1968. Ibis wasat the apparent request of the
President through Special Counsel la:-ry Tenple for all
information concerning Dr. King, including the instructions
md approval of former Attomey Gmeral Kennedy regarding
the electronic su:|:'veillance of King Mam R. W. Snith to
William Sullivan, June 2, 1968, referring to memo Deloach
to Tolsan, May 21+, 1963, setting forth the President's
mquest!. Included with the transcripts were several
summaries, previously disseminated, and several hundred
pages of Bureau cczmunicaticns to the White House frcm
1962 to 1968 regarding King and his associates. '111e
purpose of the Waite House request was not stated, but it
was the most carplete accumulation of transmitted informa-
ticn on the electronic surveillance of King which we
encountered during our reviewof Bureau files. me task
force noted the timing of the alleged White House request
and subsequent transmittal particularly in light of
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Director Hoover's ccmmnication to the White lbuse on '
March 26, 1968 included in the transmittal! which
advised that Robert Kmnedy had attempted to contact
Dr. King before amounting his candidacy for the
'1-residency '1-TQ 100-106670-32 o .
The task force reviewed selected portions of all
oi the transcripts in King rile as well as selected
portions of several tapes from which the transcripts
were obtained. An inventory of the tapes reviewed is
set forth below: i
*>
2! Atlanta Tape syrrbol! one reel! '
3! Qarposite lape__l2_/l5/64 _ _ __ ===° "~'e
Essentially, we reviewed the tapes by listening to the
beginning, middle, and end of each nape and compared it to
the corresponding transcript. Ihey were basically accurate
transcriptions in the sense that what was in the transcripts
was also on the tapes. However, some material on the tapes
ms net pg on e !;_re_nsc_ripte eppaereztly became either
that portion of the recording was garbled or unclear or
it was considered unicportant. '
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n
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iOut review of the otmposite tape, the Atlanta
tape and the a,gmts'handwri_tte1 notes included in the
boxwith the from tI~.e'!~H'.l1ard Hotel gave an
additional indication of where the B|.n'ez1's interest '_ '
lay with respect to Dr. King. The ccmposite tape contained
"highligxts" of tin fteen reels of tape frcm the Willard
Hotel end appeared to consist of little u-ore than episodes
of Privat conversations and activities which the Bureau
chose to extract frcm the original recordings. The
Atlantatapewasobtainedfromthetelephonetaponthe
King residence and consisted oésevetal of M . 1u.ng-"'s
conversations. Tnese included conversations of Dr. King
Fa 1-nee-|-dine 11-is um-scma'l life and had nothineInn-cg ca-g-up.-.12.. Q-- :1-'-._-. -i_ i__ ___._ ___ _e__.¬
tn do with his political or rights activities. The
handwritten notes £1-cm the original Willard tapes contained
notations as to what point in the tape a particular PE-Ismal
activity or conversation took place.
5. _mINI'EI.J?ROZ'I.gpe Illegal lctifzities
me t_ask iotce has an extensive program
within the FBI during the years 1964 to 1968 to discredit
Dr. King. Pursuant to a Bureau meeting on December 23, 1963
program of dissaninating derogatory information, which
was heavily fraught with the Bureau's own characteriza-
tions of King, to various indivichals and orgmiratiais
who were in critical positions vis-a-vis the civil rights
leader. Our review has essentially confined those already
performed by the Civil Rights Division and the Senate Select
Committee and we, therefore, do not dwell on those areas
which they have already codied. We did find, 'rI'92ai'v,
additional proposed activities against Dr. King, some of
which were approved by the Director. They are instructive
not onlyinrevealing the extent towhichthehureauwas
willing to carry its efforts but also in showing the
atu-nsphere anong same of the rank and file which this
program against King created.
In November, l96l_+_, the hxreau discovered that
Dr. King was desirous of meeting with high British officials
while in England during liings planned trip to Eur:ope.
Section thief Baungardner recommended a briefing for the
purpose of informing British officials ccncerning King's
purported coununist affiliations and private life
lD_ 100-106670-522, 523!. Within three days the briefings
had been completed HQ 100-106670-S25, 534, 535!.
-133-
J
0
he particular dissenination, the omtents of which ~
ms mt revealed in the les, was apparently initiated
and carried out personally by the Director. Ch January 22.
1965, the SAC in Atlanta advised Mr. Sullivan that,
pursuant to their electronic surveillance, the Bureau
~|_______92 ._1_ __ u.|__ 1__.s _1___ _ _ ______._-|__ ___1 ___1_.r___1
tl1atHooverhadhadau2etin,gwithaparticularAt1anta
official while in Washingtal attewding the Ina:uguratia1.
According to King, when this official returned to
Atlanta he contacted Dr. senior md passed m a
"good deal" of information. According to Sullivan:
mam to Belmont, Dr. Ring, Jr. was upset HQ 100-
106670-768!. me files did not reveal any formal proposal
for um briefing but Section Chief Bamtgardner later speculated
that the Atlanta official was Qmief of Police Jenk:Lns
since the Director had net with him am Januaxy 18, 1965
HQ 100-106670-780!. 'Il1e files do not indicate whether
the Director suggested that the infonnation be passed on
to Dr. King's father. '
-134.
-n.In cmnecticn with the post-assassimticn '
efforts to declare a national holiday in umory of
Dr. King the Senate Select Cunnittee has outlined
in its report the attempts by the Bureau to prevent
such a declaration by briefing various members of
Congress m King's background H2 100-l06670-3586!.
We discovered that the Bureau also sent a nnnograph
on Ring to the President md the Attorney General
in 1969 for this same ptrtpose an 100-10667041559!.
The Bu-.reau's efforts to discredit Dr. King's
nnvamnt also included attempts to dattnge the
reputation of King's family and friends. 'Ihe Bureau
looked very closely at Coretta King although a
security irwestigatlcn was never opmed. Ibis
included scrutinizing her travels in an attempt
to uncover possible facts arbarrassing to her.
These atteirpts also included a plan, proposed
-135-
by Assistant to the Director Deloach and
by Hoover to leak information to the press that Coretta
King and Ralph Abernathy were deliberately plotting to j
keeptheassassinationinthenensbyclaimingaeonspiracy
edstedinordertolceepmonetazycontz-3.buti.onsflow:l:»g
for their benefit HQ M-38861-5654!.
Ralph Abernathy and Andrew Young also became Bureau
targets. Shortly after the assassination the field was
instructed to report any information on possible "im:oral
activities" of King: two associates I-Q 62-108052-Unreeorded
serial, Atlanta to Director, April 29, 1968!. Presunably
there were CDDIIELPRO type purposes behind this request.
The Atlanta Field Office in attazpting to demonstrate
the initiative and imagination dananded by Headquarters
proposed additional measures against Ralph Abernathy. lhe
Bureau learned that after Dr. King's death, Rev. Abernathy
my have voiced sane concern over possible assassination
attarpts on his own life. The Atlanta office proposed that
the Bareau begin notifying Abernathy directly instead of
only informing the police! of all threats against him in
order to confuse and worry him HQ 62-108052-Unrecorded
serial, Atlanta to Director, March 28, 1969!. This activity
was not approved by Headquarters.
-136-
Bureau files indicate that the FBI may have also
attenpted to help the executive branch in its efforts
to deal with Abernathy after King's death. In a mm
to Associate Director Iolsen, Director He-:.92ve' relet
a telephcne conversation with former Vice President
Agnew in which Mr. Agnew expressed concern over the
"inflarrnetory" statements which Abernathy had made.
'l11e Vice President was seeking information frcm Hoover
which could be useful in destroying the credibility of
Rev. Abernathy. Hoover agreed to the request I-Q 100-
l06670Uru:eoorded serial, Hoover to Tolson, May 18, 1970!
We did not find what information, if shy, was forwarded
n I-1-92uu nu.
The agents began to retrieve informaticn about
Dr. King during these entries through the use of photo-
graphs. In one instance a supervisor in the appropriate
field office requested authority to conduct an entry
for the express pzpose of obtaining mfor::==..tim a1'..=:ut
Dr. King. 'Ihe proposed entry was approved at Head-
quarters pursuant to a telephone call by an Inspector
and was later conducted.
-u
Ch four subsequent occasions the Bureau again
conducted entries and obtained information concerning
KingandtheSCU'J. Chonesuchoccasionaspecimmof
King's handwriting was obtained. The purpose of
gathering this piece of intelligence was not revealed.
an the field office meme indicate that
the Bureauwas advised of the entries ineach case.
We also raise the issue of these illegal entries
because aside fran being violative of Fourth Amendment
rights the entries ran the risk of invading a privileged
relationship.
We note in passing that the FBI continued to
enploy an informant in the SCLC despite the fact that
the informant conceded toagents that the informant had
92
The FBI shall:} carry out the Presidential
directive of Septerrber 6, 1939, as reaffirmed
by Presidential directives of January 8, 1943,
July 24, 1950 and Deoenber l5, 1953, designating
the Federal Bureau of Investigation to take
charge of investigative work in matters relating
to espionage, sabotage, subversive activities,
and related matters 8 CTR 0.85 d!! .
Giventhischarterandthehisboryoftheeoretines
overpowering influence of the views of the late Director
J. Edgar Hoover on his subordinates and cn suooesive
Attorneys General, it was e that a security
investigaticn should be initiated into the possible
influence of the Ccrrmunist Party, U.S.A., an Dr. Martin
Luther King, Jr. mo of King's close advisor.s, at the
outset of the security netter, were reported to be
Ccxmunist Partymenbexsbysouroes relieduponbythe
Bureau. '-
The security investigaticn cnntinued for almost
six years until Dr. m§'= death. It verified, in our
view, that one alleged Cclmumist was a very influential
adviser to Dr. King and hence the Southern Christin
leadership Conference! cn the and tactics of
King's leadership of the black civil rights movement of
the early and mid-sixties. Another had no such weight
altlrJughheseenedtoheofusetoKing- Butthis
very lengthy investigative concentration cn King and cn
-140-
92
the principal adviser established, in our opinion, '
that he did not "sell" Dr. King any course of coriduct
orofadvocacywhichcanbe identifiedas cunmnistor
"Party line". King, himself never varied publicly or _
privately from his ccnndtmant to nonviolence and did
notadvocatetheovertI'crowoft192egoverrrnentoftl'92e
lhited States by violence or subversion. To t1~e contrary,
he advocated an end to the discrimination and disenfran-
chisement of minority groups which the Constitution and
thecou:rtsdenouncedintermsasstrcnga.shis. We
concluded that Dr. King was no threat to dorrestic security
And the lIu:ea1..;'s QQLLLIII.-121.1 intense sms-veQl_g1ee
and investigation of the advisor clearly developed that
he had disassociated himself from the Ccmmnist Party
in 1963 because he felt it failed adequately to serve
the civil rights movement. mus the linch-pin of the
security investigation of Dr. King had pulled himself
Gilt.
We think the security investigation which included
both physical and technical surveillance, should have been
_-. J
-. 51- 'L_-.I- -I -.I__-m -...__ 1st,.-..-j 3UH. IL-[E I-IE5-L5 U1. Wd-L was Led-ITIICU -Ll I u ...
mat it was intensified and augmented by a COINlE1.PRD type
campaign against Dr. King was unwarranted; the COINIELPRO
type '=e=1Paisn. mrewen We l1..t_r_e% md W1? Probably
in violation of 1s u.s.c. 241 and 2&2!, i.e. felonious.
-141-
The cmtinnng security i.mresciga:ion_ reflects also
LL ._1__ 192LL4.___-_ n______'| __l ..|__CUBE CITE JUZCDIRBY UEH-EIHL SI]. UTE
responsibility for internal security tters failed badly
in what; should have been firm supervision of the I-BI:
internal security activities.
--an
_,i
Q
Q
IV. R£CC1~4~ .ENDATIC1lS
A. gs To 'Ihe_M.rr§1eriInvestigaticg92
The task force does not fmlt the teclnical
ccmpetence. of the investigation conducted into the
death of Dr. King. We found no new evidence which
calls for action by State or Federal Authorities.
Our concern has developed over administrative
ooncomitants of the detection tactics.
1. The progress of such sensitive cases
as the King murder investigation and the development
of legally sufficient evidence to sustain prosecution
are properly the ultimate responsibility of the Division
of the Inpartment having supervisicm of the kind of
criminal prosecution involved. The Division head should
delineate what progress reports he wishes. The Bureau
should not be permitted to manipulate its submission of
reports to serve its purposes, such as the protection .
of its public relation efforts, or the prevention of the
responsible Division of the Department from causing the
Bureautopursuea 1ineofiru;|J5ryuhicht11eBurea1.1does
not approve. me Attorney General and his Assistants are
the officers most accountable to the electorate ami they,
92
2. As a corollary of our espousal of tighter
Departmenta1.1thorityovertheFBl, werecoummdthatthe
Bureau: public relations activities and press relations
be controlled by the Attorney General: Office of Public
Information. Clear directives to prevent the development
of personality cults around particular Bureau Directors
and officials should be drawn._ Bureau press releases should
be cleared through the Office of Public Information.
3. 'I.'ne task force recommends that in sensitive
cases no criminal action be instituted by the E.1rea;u without
the closest coordinaticn and ccnsultation with the supervising
~
Divisim of the Departlmrxt. This supervision by the Depart-
ment should be as tight as the control and consultation the
Bureau had with its Field Offices as exhibited in our review
of the assassination imrestigaticn.
4. 1: was obserired that almost no blacks were in
the FBI special agent's coros m the 1960's and ncne m
the Bureau's hierarchy. This xmdoubtedly had the effect
of limiting not only the outlook and understanding of the
problems of race relations, but also oust have hindered the
ability of investigators to ccnnunicate fully with blacks
during the nurder investigation. By way of illustration
had there been black agents in the Phsphis Field Office
pe_rticipet@g fvgly in the investigation of Dr. Kings
mrder, it is unlikely that the interviews with
-14!»
at least three black members of the Pezphis Police and Fire
Department would have been overlooked. It is also vary
probable we black citizeri "lead" input would have been
greater. -.
B- §='-_I<> lll¬§E5£H1'iH ¥1'e$5ise=_i@
The task force was charged to address itself
particularly to the question of whetlur the nature of the
relationship between the Bureau and tr. King called for
criminal prosecution, disciplinary proceedings, or other
appropriate action. On responses follow.
1. Because the five year statute of limitations
long since rm we ea-root for-rd erisdral prosecution
of any Bureau personnel, past or preserat, responsible for
the possible criminal harrassmimt of Dr. King. 8 U.S.C.
3282!. No evidence of scontimaing conspiracy was found.
_ 2. me responsibility for initiating and prolonging
the security imrestigation rested on the deceased Director
of the Bureau and his immediate liaatmants, some of whom
are also deceased and the reminder of when are retired.
They are beyond the reach of disciplinary action. The few
Bureaupersome1whohadanythingtodowiththeKingsecurity
investigation and who are still in active service, did not
make command decisions and merely followed orders. We do not
-145-
I
J
mthink they are the subjects of any disciplinary
action. Some of the activities conducted, such es_the
technical electronic surveillance, had the approval of .
the then Attorney General. The Courts had not adequately
dealt with what authority rested in the executive branch
remaining subordinate agents would seem to the task force
to be inappropriate in these circumstances and at this
very late date.
I -@._.-'- - -__- 1-in--an
Senate Select Otumittee on Intelligence is on appro-
priate agency of the legislative arm to oversee the
performance of the Bureau. Both the Office of Pro-
fessicnal Responsihility and the Senate Select Ccnmittee
should be expressly designated in their respective
mahling regulations and resolutions to be a place to
which Bureau subordinates may complain, confidentially
and with impunity, of orders which they believe to
threaten a violation of the civil rights md liberties
of citizens and inhabitarzts of the lhited States.
5. It seans to us that the unauthorized malicious
dissemination of investigative data from FBI files should
be more than the presently prescribed misdemeanor USC
552a i! !!. A felony penalty should be added.
Pare~.t1'~.etic.a.l1y, it s1'92.o~.1lc! noted h-.ez'e tin-=_t it
should be made clear that it is improper but not criminal!
-1l|,.B-
£o:'theBureautoby~passtheAttorneyGene.ralanddea1
directly with the White House. -
6. The mm: icie i:euIrrl1u§ ""
n
_m:thcnritytoengageinO31I~1'I£2PRJtypeact.ivi which
involve afave imitive -
Chamber cisicns with respect to citizens or inhabitants
__ .... 242}. 1% 1-n1ie92_Ig_> mg; 1;_he guide-
1ineswhid1t}'epresentAttomeyGa1era1hasestab1ished
...rn the 1 Bl'§ d_1;[email protected]; eecurit.Y investigatimw
effectively preclude these activities. Those guidelines
l!__Q_1'gg92_Ig_.I;, ggpear to us to permit cnly strictly 169*!-
investigative techniques to be elrplvyed in full 5'-731*
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PRIMARY HRIES:
I. Distant gunshot wound to body and face
A. fracture of right mandiblei. Luccration of vertebral artery, jugular vein one subclavian
artery, right
C. Fracture of spine T-1, C-7!
_ D. Lacoration of spinal cord lower cervical, upper thoracic !
E, ubneaesal hemorrhage, larynx
F. Intrapulmonary honatone, apex right upper lobo
szcor-zomr szezas: " '
Remote scars as escribe
Pleural adhesion:
Fatty change liver, moderate
Arteriosclcrosis, moderate
?eneus out-éewne '
Trachepstony1.
Z.3.
4.
5;
6.
Exn:1tBrr492 ,
section
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= a;>m_z3. 1961 3 sq.-== 9. 513:5. 25?
Serial Item . lncunt11--s oi 1-yinilt
5246
5448
5413
S4372
4692
2192
2068
5402
2192
5400
2324
628
2324
2324
2324Rent or one week at 2731
N. Sheffield: Chicago
1959 Chrysler: Chicago
1962 Plymouth: East St.
land:
Bourgarde Motel: Dorian,
Canon
.54-QGB f
. Notre Dawe 5
$7ShD:!hmtIEl
Suit at English Scotch
Woolen Cbnpany; Fbntzeai
Book ordered ficnafutura.
Books in Inglewood, Cal.i.f.:
Itnmreal
Oofresponcence course at
Incksnithing Institute in
No-I Jersey: mntreal
Grey Rocks Inn from 7/30
to 8/5: Canada
Etummula for venting glass
pm.-¢:1.a_. =-e by money order to
8.2. Formula: Montreal
Granada Hotel: Biz.minghI192
Roomanclboardforoneweek$13.61
$200.00
$209.50
$17.28
treet,
$75.06
$9.00
$17.50
$195.15
$1.00
$4.50
$22.50
1956 White Ford >1».-.=-ans: $1-995-°°
Bimxzghm
Room and board: Bi::n.i..'1ql'm
Itxan and board: Bi:=E#"= $22.50
$22.50Date
4/30/67
6/ 5 /67
7/14/6?
7/17/6'7
7/21/57
7/24f67
7/28/67
Section Serial Item
21
21
9
10
55
75
75
75
69
A so
as
5
KV
52
52
52
52
52
522324
2324
1135
2118
1422
5496
5496
5496
5150
5150
5150
668
559
4143
4143
4143
4143
4143
4143than and boax: Biminghan
Roan and hoard; Binninghamhaunt
$22.50
$22.50
camera equipment, Superior $337-24
Bulk Fi1n92CO.; Birminghmn
Room only: Birmingham
.38 Caliber, Liberty
Chief Revolver
Hotel San Francisco -
10/10: Acapulco
Pancho Villa 10/ 15:
Guadalajara
Pancho Villa - 10/18:
Guadalajara."
Hotel Rio at $4.80/Bay-
10/19-ll/6: Puerto
Vhllarta
a..l..."- :[email protected]"- to re.-1:
apt.: Puerto Valhrta
mm n-qiicam at $1.20
day ~ 11/7-11/13: Puerto
vnnm$17.50
$65.00
$6.00
$3.20
$3.20
$91.20
$43.20
Rent at 1535 N. Serrano; $127.50
Utilities at 1535 N.
Serrano: ms Angeles
Appointment with Dr. Hark
Ereenan: Beverly Hills
AppOi.nUna'92t with Dr. Mark
Freenan
Appointment.with Dr. Mark
fteemanl .
Dance lessens at National
Dance Studio; Loo Angeles
Appointxre.-1t.with Freeman$10-00
$25.00
$25.00
$25.00
$29.00
$25.000
Date
9/16/67
9/ 24/ 67
9/2a/51
I
9/20/61
10/1./61
10/11/67
10/16/67
10/19/61
11/6/67
11/13/67
11/19/$7
11/20/57
11/27/67
11/30/51
12/4/61
12/5/67
12/5/5?
Section - Serial Item Anton:
S2 4143
S2 4143
s _ , 745
22 2:25
52 4143
14 5399
6' 145
22 2325
22 2325
22 2325
22 2325
. 22 232$
12 1500
'22 2:25
12 - 1500
6 660
12 1500
12 _ 1500
1; 2325
'2; 2:25
1; 1420
8 1033Appointment with keen-an
Dance lessons '
Dance lessons
Appointment with Freenan
Provincial Rbtel - 12/17-
1.2/19; New Orleans
Dancelessons
Locksmithing Institute:
nos Angeles
International School of
Bartendingz Ics Angeles
International School of
Bartending; Los Angeles
Rent at St. Francis Hotel
ms Angeles
Free Press of Ios Angeles
Izxmxhing Institute$25.00
$29. 00
$100.00
$25.00
. $24.00
$354.00
$15.00
$20.00
$105.00
F $35.00
$4.25
$7.50
C.M. Hedgpeth, mail fo:wan:!- $3.00
ing service
Rent at st. Francis Hotel
Putura Books
Tiffany Enterprises
Iocksmithinq Institute
Locksnith Ledger
lccksmithing Institute
Rwrweek at 113 14th St.
Atlanta
-153-$85.00
$6.44
$9.98
$7.50
'$5.25
$15.00
:
$10.00Sate
12/ll/61
12/12/67
12/15/01
12/14/67
12/19/0
12/2l/6
J/B/£8
1/12/as
1/2&0
1/21/I
1/29/1
1/31/
2/1./6
2/21./
'2/2s/
2/26/1
2/26.
2/20
3/B/I
3/2i
O
E5.Sezial
ssoz
142:
5125'
1033
530
321 _
46
4454
T4454Ite
Flaningo Fbtel 3/'22:
Selma
Iocksnithing Institute:
Atlanta
Travelodge motel}
Birmingham
B-----Luna A QIllul-92§l§§ J
BiIEJEYn
mun in Atlanta
Rexall Drugstore: Whitehaven,
Tenn.
Running house on.Main St.:
Bi.no:u1a.rs; Memphis _
Rent/week at 962 Dmdas Sta
Dora-mo
Round trip airplane ticket:
Toronto92
A.-n:u*.1:
$8.00
$7.50
$8.48
$10. 00
$1. 83
$8.50
$41.55
$9. 00
$345.00Q IQQ In
J/J/O
anya
3/29/as I
1/70/ABqr, u-4; ww
3/21/68
4/ 3/ 68
4/ 4/ 63
4/4/68
4/16/68
5/2/EB
l
.
.
i
L
r
?92
-ISection
6BQ an uni.92
JZRE: ;nRL n;
Ifro-fn E19: iA;:;.'i*'.-. 23,} 1967 - J'.::-.e B. 19558
Serial
5100Payroll checks fncm Indian mall Restaurant0
. ' 0
Wirmetka, Illinois
Hay 7
May 14
May 21
May 28
June 4
June 11
June 18
June 25
-160-$ 57.6984.89
84.89
84.89
89.63
89.63
95.19
77.53__________---
$664.34
maézrs
READING BIBLIOGRAPHY
Bishop, Jim. The Days of Magtin Lqther King; Jr. G.P. Putnam:Sons, New York, 1911. * *
Frank, Gerald. An American Death. Doubleday & Company, New York,
20 '197
Roch, Paul, and Scott, Peter, and Stetter, Russell. The Asssssinetions,
Dallas and Beyond. Random House, 19T6.
Huie, William Bradford. gg Slew;thg;preeger, Delecorte Press,
Rev York, 1963.
McMillan, George. The Making of en Assassin. Little Brown B Co.,
1916. 1 _
Seigentheler, John. A Search for Justice. Aurore Publ.,Hashville, 1971. Z
-161
, 1
EX!-HBNIT7
923 I ,, - ¢.Q92 IO i: 92 . . . . 92_ . '9 M. Lb -_ :92 . . cl: I _ _ I "92 - »' ':..JI', xv-*'__ _ um-ran s'r-was cov 1.-In--1' _ J_ ,- _ 7,-_. __ r __,1 I 0 - - 1 {Ii ' " !""' I "0 "'12-." .1 __ ___0 '-' --Me2n0ra22dz»m_ _ _ M u__;___T_._£i
_ -ro : -__r_/ _'_._143- 5- Rust-Y-'7;m mm-.: !~1ay'22-, 1961 .
. - -F:.;.;i'.;'1:
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sunpzc-r:_ MARTIN w1'1:r-..': aims, .m,;non : MIR. G. H. ;'ITE12D¢".-' D |:,.?_._.._
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Memorandum to 2'-Ir. Rosen
:0 -,, -0 -""""
Iu
I
I ¢
Eartin_T.uther Ling, Jr,_ . _ _ - -
*~* "'m Reverend Martin Luther Kin", Jr., prominent integrationistwho led bus boycott in Montgomery Aiabama and sit-in demonstra-tions, has been associated with ational Association for theAdvancement of Co1ored~Peo 1e and §ongress of Racial Equa1ity._§i53_ has not been inves.t_jga;c_e_;1_gy__1;h_e,_i=_i3I._,_ /' 375 /' 'v - 35 ' ' 1° Workers QartyBureau ilcs i=eveai__. hing anaed Socia istattecdcn
meetings or Progressive Party cited by Subcommittee o ena c _Judiciary Committee!; and was honorary chairman df Young SocialistLeague campaign on behalf of victims of ragist terror._ cited by I_92_ttorney Genci'a1! ror support of bus boycotté S .;. _ . t
' 'King in 19§0s mentioned as potential victim of assassinntion plot and 1g_1?aZ_gttpnd2d_C0mmnni§t Party training"iChppl_ §__=e::ii1923_i___andrep<1rtedIy Fave c1osing_spee'c1_§."'i92ing President of
s ..%isM1M.s¢.mac_ _$ . -163-. '
92
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Q." "| I _ .0 '. 0 . Q. .I n ' . I I ' I0 Q o _ . Q; . h ' 5 " Q U ' --' _- .
. 00 -
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Memorandum to Mr. Rosen'
v .-0 an V '0ISouthern Christian Leadershig Conference to further negro votereeistration! and advised T e Civil Rights 1aw...is meaningless.un$ess we go out and make use of it. King thanked Benjamin '
Davis, Jr., Communist Party official; for giving blood when he_was in a hosgital following assault. King in 1960 indicated hissup ort for omnittee to Secure Justice_for Morton Sobell cited92]by ouse Committee on Un-American Activities HCUA! as communist
front! and in 1961 wrote article in The natien which celled
for integration of FBI to help speed integration. King attended
meetings with integration leaders in Montgomery, Alabama, 5~21-6
In- . - .
-
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EXHIBIT B
Ia . '
, .
EXHIBIT9
1 _.-
92
' __.. __-I.-__ '. . - '....._ "-- - 1.'m~.1=D STATES GCVERNMF ' ' /_ '51:-' -I--I
_-8 at -'-':_._..
C:-an ii: . ' "._ Memorandum - /7
- L¢L.n:::ni...re i = . n. Belmont um: August 30, {seae Le, - e . ....,...-F. _:
new - ll I c s11 ' .' r '. ' .541-n mu-_.._.' ' iaolg_..._.___._
C» 4 -- ° '
mm.-r: _con.-nmxs-r mnrr, usn' _liE5R9_9l!I5$'1.lQ3§... C
IS -
Reference is made to.the enclosed material'on which the
.Director has written: "This memo reminds me vividly of those I
received when Castro took over Cuba: You contended then that Castro and
his cohorts were not Communists and not influenced by Communists. Time
"clone proved you'wronz. I for one can't ignore the memos re King,
_ et nl es.having only an infinitesimalfffect on the efforts to exploit the American Negro by the Communists."
Q The Director is correct. We were completely wrong about
elieving the evidence was not sufficient to determine some years ngo
that Fidel Castro was not n cohmuhist or under communist influence. Onknvestigating and writing_nbout communism and the American Negro, wedad hetter remember this and profit by the lesson it should tesch us. "
- ' : ._ 2 I do think that much of the difficulty relating to the memoran
.dum rightly questioned by the Director is to be found centered in the
word "influence," We do not have, and no Government agency or private
;6?Eiiiition has, any yardstick which can accurately measure "influence"izb this particular context, evenuuhen we know it does exist such as in
' he case of the obvious influence of
over Martin Luther King and KingE'Ihfluence6ver'3thé?rFEET6
}ie:ders.' Personally, I believe in the light of King's powerful
demqgogic speech yesterday he stands head and shoulders over all other
Negro lenders put together when it comes to influencing great masses of
;Hegroes. We must mark him now, if we have not done so before, as the,ee§J._=.!nnaer.ous_1Le.z£9._*?!_Fh° 1'e$.92_=.1;e_ in this K==ti2n_;ro.n.sne_smnd;><=1r=3'7;Qf;communismL_the hggrQ_nnH_n§£i9nnlm§ecuritv. , =-
I 1Iv ' ' On determining membership of Negroes in the Communist Fnrty,
i e are-not confronted with the some problem.' He do have here accurate
yardsticks for establishing membership. Of course, our standards are
wary exacting. This means there are many hegroes who are fe1lew-
travellers, sympathizers or who aid the Party, knowingly or unknowingly,
but do not qualify as members. These we must not ignore. The old
pommunist prin lple still holds: "Communism must be,built with non-
icommunist hangs " Therefore, it may be unrealistic-to limit oursov=S nwe have been poingto legnlisticeproof or definitely conclusive ;luen¢¢'--I-. rm! ,., 350/,EnC1OS92I.?G i --' "' ' - -__ U
-. .
.-1a5- |
i ,H Q 1
E
92
1 I
0'. ' 92 Q I
Memorandum for Hr. Belmont '1 '
£5; CCQNBNIS2 PABIZ, ECA 1
. NEGRO QUESTION '
100-3-750
0 e
4.L_t __-_1.a _.n._..A .._ 4- 4.--51....-..- 1- -.-. -.0 -._ Lat -
commitiegs that the Communist Party, USA, does wield substantial CR8 WOHLG Stlnq up an _l:E_b_k.I._lI1l..llli _1..u_§:ui.ig92. uz u92::.ulc :C§L"n§l¬.SSiO_-"§3.1
_iwhile showing in the details the communist impact on Negroes, didInfluence over Negroes which_one day could become decisive. ,
- The memorandum which the Director penetratively questioned,
suffer from such limitations. -These limitations we will make every
effort to lift in the future. The great amount of attention this
Division is giving to communist activities directed toward the Negro C
should enable us to do this. '
_ For example, here at the Seat of Government, the Negro -
communist question takes up as e whole the time of one supervisor and
-during the past few weeks four meh have been so occupied. Additionally
{1} specialized instructions are regularly given the field en communist
infiltration of the Negro; ! monographs have been written on the
. subject and widely disseminated; ! regularly disseminated are menorand:
and reports; Z! August 21, 1963, we devoted the entire Current Intcl1i~
gence Analysis to the communist plans for the Negro March of August 23,
1963, 49 copies of this-Analysis were disseminated to 44 agencies of
the Governmenth ! much material on the issue is given to Agents at
In-Service; and ! an SAC Letter is under preparation in this Division
now giving the field the benefit of what we learned from the Negro March
on Hashington and issuing instructions for increased coverage of
communist influence on the Negro._ FI -,_ As the memorandum pointed out, "this Nation is involved in a.I
form of {acial_;eYQlytipn and the time hgs neve;_been_§o"rightufor
e§gl9i;atiQn_g£_the Negroes_by_communist propagandists." Nineteen millior
Negroes constitute tEe'E¥eatest single ricial target of the Communist
Party, USA. ihis is a sombre reality we must never lose sight of. We
_Iill do everything possihlelin the trou51ed*?uture*to develop for the
,Director all available facts relating to Negro membership in the cOm$HniST
jParty, plus the more complex and difficult to ascertain influenceio! communist organizations and officials over the leaders and masses of
Negroes. W _ ' ~ '
-" . Ie regret greatly that the memorandum did not measure up to
Ihet the Director has a right to expect from our analysis.
IBCOHHENDATION:
2 re: the information of the Director.
_ 3 _ -1ss- .
-113. 1 .. ' I . . Q I 92 -
92
-- 1-
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92
' 0. we I00-up Q /
' t;a'r1'r-.n sr.-92'u~;s cc n.92'.92n;.92":' - '_, , ..', 'J ' "0 1 V ' '
' " i,/ff7f'_ A/Iem0ranc!um .
T" = Ur. U. C. Sulliv n * uArn=September 15, 196 ::§;;f§f_ I .
YIOM =-hr. F. J. Baungardner" - 2:1f:III' 4/92/1'A_a 5ll'|!-_i-t O 3"/'1 ~~ - -
=vI=Jr¢1= 00:1:-nm1.s'r mnrr, qsi. - ,
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epnnmztsr 11:1-wr-..92'c:: n: mam. wnrrsns "
1m~r.m<.u. stcunrrr - cozsnmzsr
, -- I ' . _..- . __, -
i This memorandum geconnendswincrengg"egve;§g9_Q£_connuni§§, inilgengg_9n the Negro. The history or the Communist Party, U31"[l'C'l-T153!, is _ren!_c.-te with its atte-mts to _e>:n'!oit iniluence andrecruit the 1'-:é~_;r'<T. me iziie¬i{*92vEsr¬}1;t<>i{, :3-l'zé-'62;fl-T:£§"'i:§~¬'é11<1ng
exam§IE'6T 3¢ Ub:nunist activity as Party leaders early put into } motion efforts to accrue gains tor the CPUSA from the March. Wel1~ ~9292
Idocumented information concerning the Party's influence on a principal
March leader, Reverend Martin Luther King, Jr., is but an example.
The presence at the March oi around 200 Party members, ranging tron
several national functionaries headed byQ§PUSA General Secretary Gus
Hall, to many rank-and-tile ncnbers, is clear indication oi the Party's
favorite target the Rezro! today. ,¢
All indications are that the March was not the "end of the
line" and that the Party will step up its eI£orts"'HS' exphit racial
unrest and in every possible way elain credit for itself relating to
any "gains" achieved by the Segre. A clear-cut indication oi the
Party's designs is revealed in its plans to hold a highly secretive
leadership meeting in November, 1963, which will deal prinnrdly_witnthe Negro situation. This neeting is to be preceded by aius Hail?"harnstorning" trip through key areas 0! the country to neet PartyIpepple and thus better prepare hisselr tor the November;peeting¥ _
- " KI
The entire tield is being alerted to this si§uatioYin a -lprOpOSBd SAC Letter attached!. The iield is being instructed tointensity our coverage of eonsunist influence on the Ne§ro 5§ giving
tallest consideration to the use of all possible investigaive
techniques. In addition, lhe field in beinaIIold to intensify its -coverage oi those communist fronts through which the Party channels I
. its influence and to inzenstfy its investiations of the many Party 1
members and dunes she_s=Ja;: in activzttes en_hehilt of the Fart?
in the Negro field. }u!thvr, iv are =tressing"the urgent need for
imaginative and n:3 "*92"v l¢*921¢ In he utilised through our Counter-
1n§¢111cc1;¢.,,92 1'1; _f.';:-'1--ll.-':u' :1-':-I|j2292"92l {U 29292.t0!!!|1|I, to nggtgalize or
disrupt the Part!": ac".:vit|.t-:; in the :.-3;;-0 [1°1d_ Necessity for _prompt handling 9! all Iaeets or than cantor to insure timely diSSCm1
nation to the D¢P=K= *" °§f'4§"92v;¢sted-agoncios-in-also being ::npllil.S17.Cl,. : ._'. ,_.f ' ' ' / ' " _f--"re" L! :__- I
100-3-nu !Q.I1.J;;-':= tern ;':=.-'-92_'.tt-192J .13 JCT H;--gm' "_ -1s1- " - - -I
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' :
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92- -'
| 92_ ' _ if ZI; 2| '92}- ' _ ii53sw;n»cI
|'-}Qi. 0 No
llemornndura to m-. Sullivan _
as: co:u.'1m1sr man-, usn
e rzcao qvzsnon -
comm. ms: mrwxzz-zcn IN nncm. m'1"rr:ns[ioo-3-115} - -
I
The proposed SAC Letter requires key security offices
to submit to the Bureau, within 30 days, en analysis of their
current coverage of communist activities in the Negro field plus
details of their plans for intensification, Also, those 16
offices participating in the Counterintelligence Program on a
regular basis are being required to include in their next monthly
letters due 10-15-63 their plans to neutralize or disrupt Party
activities in the Negro field .
RECOZBJEHDATION: . '
- If approved, attached SAC Letter go forward apprising
the field as above and urging full implementation so that the
desired results may be achieved. Also attached for approval are
__necessary Manual changes. ._;_ =._ - '- - _
t. _ l~ I ' '--_,__ _ '.u-_ __ ~q_..____-I-__--n __. _ .. -
o
' 92
92
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.' I _
MEMORAb;DUM 1-"on THE p:'nsc'ros '
- c - '~ .
' While the aunched memorandum5 - _ bears te initials of I-Ir. Baumgzzrdner,
it was prepared from a rough-draft furnished
to him by Mr. Sullivan. . .
-- ' "" 5 u , 0, 0 .1
A It should be undei-sto::'.l that
Sullivan, Baumgardncr, Sizoo and Belmont
. read the memorandum and agreed with It
; prior toits submission. ' /J J _ L-_. _ 1;. I. i__ Q 5 5E . , J 5 O---.__ ,-l¢..,..,._ ii-an.l.
I
. _ Enclosure ' Z 2355-; 53.95.;
, 1 Clyde Tolson '
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>_ _, DSURE Oat;-<_l~=m__.'92'r92J---_ 1% 92-'-mtg, ---T wgcpu _ Wm-.-1'..'.a-.: 11:. 3-92 ¢":92 P92.-9292IL'. ' .' k 92,'-Q I Ir -. -92'. I. -I»df gr Q-.- I . Eb-L" 92 --¢"'92IP92|l-I".- L . /1/Ms/Il92! ¥.'£..'-:"I-£3. In Ji, '. ~_ _ 'm* ._.,_.92_p_!.4¢' "-p-Ii!-I0 Q :_92'._-¢}. _92
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-169-" 2
. .
L
itI
Exxmafrll1- I
To: Ir. A. H. Belmont _ ' Date: September 25, 1963!
- Hl
92
_ - . . = - .- - ,._~;;;;,1.,s.=-
. - 92, ' __ / :1: I. :~:'z;'??92 . Q ' 0 -| * .-W|_ , .--40} f In ,a" |
. _, Sir. C'_?:r:.,! .
___ _._.-I II :.n-. 1»-'. ..
' K , - _; r. R--9|-34_ Iron Hr. I. C. Sullz ~6/ . f >n.sw;e~6} -3* unstai-
Re: c0::.:nm1s1' PARTY, use _ :5, ';,,'_;_;f"NEG?-0 Qvssrxon , [/ mt; I!-liar;ce:.:::u:::sr II¬lLU2lZCE In nAc:nL nnrrsns ' ' Lu C::;J;'-
Jars:-zzm. SECURITY - c ----'-
Predication: '
._ "1 Reference is made to the enclosed memorandum dated 9/16/63
and_to the attached proposed SAC Letter. _
p . On returning from a few days leave I have been advised of
the Director's continued dissatisfaction with the manner in which I
we prepared a Brief on the above-captioned matter and subsequent» '92 nemoranda on te same subject matter. This situation is very
disturbing to those of us in the Domestic Intelligence Division .
responsible for this area of work, and we certainly want to do '
not be stubborn about admitting any mistakes we have made or heeverything possible to correct_our shortcomings. We absolutely will
stiffnecked and unhending concerning our analysis of this matter.
The Director indicated he would not approve our last SAC Letter _
until there was e clarification and e meeting of minds relative to
the question or the extent of communist influence over Negroes and
their leaders. In this memorandum I will seriously and sincerely .
try to clarify a most regretable situation. It is prepared not on
ofiicial office memorandum but rather on plain bond believing that
this discussion need not be made a matter of official record-
1- '-- "
Common'AErecment: T ' J _
3- '*' First, I am sure weall are in agreement.on the following
which was in both the cover memorandum and the detailed brief
spent enormous sums of money and ceaseless efforts to influenceattached: l! for the past 44 years the Communist Party, USA, has
- Negroes and to make communists out of then; ! the 19 million
Negroes in the country today constitute the greatest single racial
target of the Communist Pnrty, USA; ! Negro lender Martin Luther
I K1"8- _w,' _ _does have as an extreme? imP°T¥=n*' adviser ' _&! we
are right new in this nation engaged in a form.of social-revolution
and the tine has never been so right for exploitation of the
F Negroes by communist propngnndists; and 1-Jthe Communist Party-could in the future make prodigious stridcs'ind great successes wit!
' the American Negro to the serious detriment of our national securit!
In addition to the above, the material furnished contained many pngiof specific examples of communist Ealicies. Dzoqram-and-activities. 92 " 4. L._Enc1osures f-a/1 -I 5_92&
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I I E C -921. j . I!
enorandun fer Mr. Belmont
as: conanmzsr saarr, nan
.; nneno Qu:-:sr1o::
" COLIHUNIST 1rn"mn:::¢.'-: IN nacm. uxrrnns . .
showing communist involvement in Negro racial matters in this nation,
relative to which we can all agree.
§ssenco of_the Situationa -' I
The essence of the situation seems to be this: We
presented what facts there are in our files in the Brief in question
and I know that the Director certainly would not want us to do other
than this. -The position taken at the time the Brie; was written was
that, while there is communist influence being exerted on Negroes
,and Negro leaders, it,has_not_reacheo the point_gf_eentrglmerdominationax This historicallf'has'hEEH thc"p6sition of the Bureau
IE this mat-er in light of file reviews going back ten to twenty _h
7"-1$- 7 "1-C tJ'92-u_l- tu-ii-Qt .'1.iva»'._'J-s-92
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. '92_.! :0
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Memorandum tor Ur. Belmont
RB: CORMUHIST PARTY, USA ' _
NEGRO QUESTION
COMMUNIST INFLUENCE IN RACIAL MATTERS
Interpretation: . - _
l As we know, facts by themselves are not too meaningful,
for they are somewhat like stones tossed in a heap as contrasted
to the same stones put in the torn oi a sound edifice. It is
obvious to s new that we did_not put the proper interpretation upollthe facts ,
§;!Fini§uther King: _ ,
Io have been aware oi the communist influence tor nearly
two years on Martin Luther King, Jr., head or the Southern Christin
Leadership Conference, and in the comprehensive memorandum entitled
' "Communist Party, USA, Negro Question," dated S/23/63 we set out
information to the efiect that a number of Negro leaders in this
country have had subversive connections in their backarounds and
tbat'Hartin Luther Kine. Jr.. ha: been dealing with _ _ ' _ As previously
_stated, we are in complete agreement with the Director that
communist influence is being exerted on Martin Luther King, Jr.,
and that King is the_strongest oi the Negro leaders. As we have
stated before in a memorandum, we regard Martin Luther King to
be the most dangerous and effective Negro leader in the country.
In addition, we know the Party is directing a najor effort toward
_ strengthening its position among the Negroes inasmuch as we have
information the Party plans to intensity its efforts to exploit
the racial situation for the purpose of gaining influence amongthe Negroes. ' ' " " "I
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;-;-:-!-:--92_'!1r*. ' '7'-.f ..';." "..'.'.T' TI " . """'.' "which we gavezto the uirector* * Iwfii I j
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I
is a subject of gggg_deep_eoncern to us in the Domestic Intelliaence92
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Nemorandun for Br. Belmont
BB: COMMUNIST PARTY, USA
NEGRO QUESTION
' COHHUNIST INFLUENCE IN RACIAL HATTERS '
.§*°" I-e1=1=§5";1==>e thee E1919 *
I would like to set North here briefly why I think that
the enclosed SAC Letter, which was returned to us by the Director,
should he sent to the field offices. My first reason is this:
We need to renew our efforts and keep the pressure on agg_leare
1..=_9_=.t<>ne _un.tut§e_s1_iu.1e.1a<.=_19P_¢v==:r .."!!1.. all ..f=<=t= ..92f1h1.¢l1 an stia_jhis matter. Some of thesé"?acts may not yet have been
nearthed b§ 3ur field offices, and will not he unless we
follow up this matter evermore closely with them. My second
reason why I think the SAC Letter should he sent is related
to the present changing situation inthe'Conmunist Party - Negro
relations area. During the past two weeks in particular there
have been sharp stepped-up activities on the part of communist
officials to infiltrate and to dominate Negro developments in
this country. Further, they are meeting with successes. This
should be no surprise to us because since the Negro march on
Washington on August 28 communist officials have been doing all
possible to exploit the very troubled racial situation. As
they said weeks ago, the end of the Negro march would be the
beginning of evermore systematic activities on their part to
penetrate and influence Negroes and Negro leaders. They are
new in full force acting upon this intention or theirs expressed
weeks ago. The field should he alerted to this fact and given
instructions to investigate exhaustively new communist - Negro
activities. The SAC Letter in question will he a great help
toward this end, and it should result in our developing important
tactc relating to the current changes and pertinent activities
going on during the past few weeks in this entire field.
§uh1ect of peep Concern
e . II _
ay I repeat that our failure to measure up to what the
Director expected of us in the area of communist - Negro relation
Division. we ar§_Qisturbed by_thi§_§£§~ought to_he. I vant hi;
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Memorandum for Mr. Belmont 1
RE: connnnxsr PARTY, usa. -
NEGRO QUE3TION .
COHHUNIST INFLUEKCE IN RACIAL MATTERS
to know that we will do everything that is huuanly possible to
develop all facts nationwide relative to the conzunist penetration
and influence over Negro leaders and their organizations.
0RECOHHENDATIONSt
IS Tat te Director reconsider giving approval ior sending
the enclosed SAC Letter to the iield. 7O
'°;
! In order that other agencies and preninent government
oiticials will be aware oi the determined eiiorts or the Communist
Party to exploit the racial sitdation, if the Director approves we
will prepare a concise document setting iorth clearly those nttempts
to penetrate influence, and control the Negro novenant. By setting
these Iacts forth, succinctly and clearly, the render cannot help
but he impressed with the seriousness oi tho coenunist activities.
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='The attached analysis of ,- °""--
Communism and the Negro Movement is 'i highly explosive. It can be regarded/£s_a personal attack on Martin Lutheywing.I There is no doubt it will have a eavylimpact on the Attorney General and anyone
else to whom we disseminate it. It is
labeled TOP SECRET. However, even such a
high classiiication seems to be no bar
today_to a leak, and should this leak out
it will add fuel to a matter which may
already be in the cards as a political
issue during the forthcoming Presidential
campaign. _ _ __ _ "I
-I-_"
-- The zeaoiandum makes good_reading and, llis based on information irom reliable sources.
§ We may well be charged, however, with
expressing opinions and conclusions,'parti-.
cularly with reference to some oi the -statements about King. - __ mi»% J-v e-vvv - -_- ." qt£%his memorandum ma;L:§:%tle'the,Attonney _;;"
_ General, particularly in view fQhis past " _ =1 0
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association with King, and the fact that we
are disseminating this outside the Department.
He may resent this. Nevertheless,:the
memorandum is a powerful warninggggaiggj
Communist~influ§;;g ingtheicgro mogemenls
E1 We:niIT'be carrying out our responsibility
_ by isseminating it to the people ndicated' in the'httache memorandum! -,J j._
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Hr. James Earl my
Boat Oitioe Box
Bruuahy lb-mtain Penite.ntJ.a.ry
Petros, .'.Da::nass-as 37845
mar Hr. Ray: .
Inlhyof 1976 theAttcr:'a:yGa.~.e:a1o£th2Un.§.tai
States c::-outed a task farm for t."r-. purpose of revievdng
the FBI: invaatigation or the ansa.ssLnati.an of
Dr. !'a.rt.i.n Iuth-:11: King, Jr.
iimetasktoroeiarawintlmepmocezsofviradia-agxzgw
its :l.nqu.i.ry before Iubnitting a final. report to the
Attorney Genaral. Howevarg, we feel that our irquiry will
mt be cu.-plate unless wa give you an opqrrz-tmity to state
your pen-tisipattm, or lack of pzu-thzipattm, in I-he
mrdar of Dr. King.
Mnmmly, we herwy re-quest, through your attonae,-,
James H. Lesar. Esquire, your conscnt to an interview by
mesrbers of the task force. If you should agree 1:: talk
to us, our tire achad~.:1c__roc_rui.rv:s us to arrange for the
1nterv:Lew to take place not later than December 31, 197:3.
Plume let us km»: irazndintely whether you desire
to be intandewed. - '
Sixwoeroly,
Lrector
____ ____ __ . J1--. Task I-brag 1 w_w; -_-1-1 -__--w
oc: Jane: 1!. Lear, Enquire '
Ex:-ncairrls92 .
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Hr. Jane! H. Leaar
Attorney at Law
I231 tourth Street, SJI.
lash. D.C.oeceshor 20, 1975
I
Oe 0rs. Ra; Y. Tenn. cr. Indictment no. 166h5.
Shelby county,
Dear Jim:Tennossee. 963!
In respect to your letter saying that a Justice departnent attorney, Hr.
Janes F. Inlker, would like to interview ne concerning the shove indict-
aent, I agree with your advice opposing the interview. It would appear
that this Iould only he in the interest of the J.D. and their hook Iriting
collahorstors,e.5., Geroli Frank, George Mcillion, et nl.
If they had ranted to interview the defendant, under oath, Justice had
anple opportunity in the 197k H.C. hearing in henphis, Tennessee, through
their surrogate,
Justice appeared
At the present I
I understand you to any Justice has not rand
hearings L suits. Therefore I'll include in
to Justice n copy of n Complaint that speaks
attached_Ex-A, clthoe I doubt it justice or
till ho interested in the Conplnint contents.t. Henry Hails; and I understand no representative tron
as n witness at the hearing.
believe the only body I should testify before is n Jury.
any of the trs. of prior
the cc copy of this letter
to the ELK Jr. setter with
their publishing associates
Sincerely: Jenes e. Rey #65h77
P.O. BOX--73cc: Jones F. nlker, Esq. J.D.L////// Patron, Tenn. 5?3h5.
Y,- Q2//*' '/727
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I3 THE UNITED $1.'.92'.'£3 '}I3T§.ICT CCU="1'
_ NR ,"..E.lS I33'1"E.R.."l DISTZICT 3! TZIZIZSJES
QQIIIQOI OI ESTER? ztvxsxo
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IILLIAM mmroan 5111:: 7 _ _ 92
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non. mam 2-1. mam ' '
B52 -Jblt PZLLICCIOTTI
Detecdantl
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t. u.1.m.~::1o:: or Juazsnxcuou: _ _ -
! Jurisdiction cl the partial io. the herein subject aatter ia heed upon
diversity of citizenahip and the amount in recovery-
Plaintiff, acting pro lo, 1| a citizen of the State of 'l'en.neaaee under "oper-
ation of Law" in the aubject aatter; defendant TLH3 Inc. here-in-after, TIME!
ia a citizen or the State oi the Io:-kg detendant George Kc!-lilliao here-is»
e.Iter,__ u=_'.-_I._;1:|_1=_a!_j 1.: _a_ citizen as the State or Maaaachueette; defendant -.1.
Ienrg yliere-iize-alter, Kaila! in a citizen or the State oi Tenneaaee;
detemlant Ii11i_a.:92 Bratlord Iuie here-in-after, Euie! ia a citizen ot the
_$tate ct Alabama; detendant Gen.-oI|_.:l Prank here-in-atter, It-ant! 1e a citizen
of the State ct Ree Io:-kg detendant ion. Robert I4. Bckae here-in-atter, lludge
Ilclael ie a citizen o! the State oi Tenneeaee; defendant Brenda Pellicciotti
here-in-alter, hllicciotti! ia a citizeq ot the State ct tenneaaee. The
latter in controversy ezceeqle, excludve at intereat aad coata, the can at
tea thousand dollars. _ _ . _
D! Jurisdiction tounced in thejezieteoce ct a tedez-_i1 q;1eaticn_a.nd the amount
in cont:-overayz 179- 92 _
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IJthe action arieeo under the titth, sixth, and tourteenth, aaendnenta to
the Untied itatoe conatitution; I|.S.C. tle Z8 i I53! a!, aa here-in-i '
atter note no.1; oppearot the latter in controversy exceedo, encluaioe or
. r
interest and coato, the nun oi ton thouaend dollars. _ 4--
Coi Juriodiction founded on the eaiatance of a queation if-icing under parti-
cuier otatute: -- ' ' -I. 5 fr-. . ~- 4. -1 5' p
n. ltl I-:1... Id'r lti I52 U.S.Cele g U.-LC. Tin! Q
Lo here-in-atter m-8 lull; appoaro. ' l
, . _
THIS 18 ll ICTIOI Ill I-IBSL In CIVIL RIGHTS VIOLATIONS-. '. ,
GDIERAL BACKGROUND!
On April Iqth I968, Rev. Martin Luther ling Jrt, Iao ahot . -d kil1ed;io,
|!oIphio Tenneoooe; in Hay I968 the plaintitt orao indicted by the Shelby
count; grand jury cr. indictnent no. 16655! tor oaid ahooting; on March
10th 1969-Plaintitt, allegedly through coercion by hie attorney, Percy
Iorenan 8| the prooocution, entered a guilty plea to laid cr. indictment; on
Tehruar; Znd 1971; the 11.5. Eh circuit court of appoala ordered an evident-
iarp hearing into the circunatonceo of oaid plea, Ba; It Rose £91 I-Zd 285
$4.6, 1971;: on Feb:-an:-1 Z7?-111975 otter hearing laid otidontiary proooodingo
the L8. Diotrict court tor the I.D. of Tonnooooo, Boa. Robert H. Hcilao, pro-
liding ruled againot plaintiff, Ra; 1'. Bone, 0-71¢»-I66; on Ma; 10th IS?6 the
17.8. 6th circuit court of appoala uphold Judge !!cRao'o rulin; in laid ovi-
dentiar; hearing. Roy It loco, O-75-I795. ~ -' -
Plaintiff, mess c. an, ouoo '
nezinmte, man n|c.; omnuz xcumzm; I. an-mt ants; nuam anrrsonn -
H1112; BEZRDLD FRANK; DEER! ll. HGRAI; 3.12131 PH-LICCIOTII, and allogolt _
2. an ohile awaiting u-1-1'1» the etoronezrtionod =1-. indictment the plain-
titt copied don tron recollection intonation he had gained in his 196?
aoaociationo, aoaociationa which ioad to piaintiff ieing charged under
nu indictnontt '- " -
, 0e §' -, .
J. at a brie! aunaary of oeid re=co11ectiono and their ouhaoquent diopoei-
tion by piaintitt are ea toilooee ' . p
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a! during one pe.-_cd of plai:ti£Z'I continesent in 19c. he wrote down
on a. none; receipt issued forth tron the Sheritrs oitice of the Qzelby
county, Tennessee, Jail intornation which plaintiff believed bad a direct
bearing on said cr. indictnent. See, is--A. - ' _.
. '.' Fs
b! the inforsation consisted o! telephone nunbers I. one aaae § ad_dreaa; all
nosbers were written doIn backaards,-including the address. . _
c! the tao telepbona nunbera were listed next to the word "Sister", the
first being listed in,
Rouge, Louisiana. ,New Orleans, Louisiana; the second being in, Baton
d! the address is listed under the nane, Vera C. Staples. ,
e! the telephone nusber listed under the Baton Rouge address was turniehed
tn plaintits attorney, Percy Foreaan, who was representing plaintiff in
said cr. i_nd.1.ctnent.
£1 the address was not investigated until plaintitt was incarcerated upoa
planing to said indiotsent; a conpendius or the post and investigation
would indicate: the into:-nation cited .abowe was given to a St. Louis, Mise-
onri, labor leader, and interned it pertained to the ELK Jr. case, who app-
arently in turn furnished said information to a llsehville, Tennessee, es-
lttornay to investigate; said lttorne; had sources i.n'tbe State or Louisiana
Llsostigote mo setter
listed number resident
the llew Orleans listed
a aideaet organization
betore his death, public support ct the Palestine Arab cause. Heserencea to
the address it any was
- send thereatter said Attorney reported the Baton Rouge
was under the influence ot the leaastern union; and
nusber resident was asong other things an agent of
disturbed because ot Dr. King's reported torthconing,
unclear.! '
g! the plaintitt had cone.by said naae 5 address shortly before crossing
the border in llovesbar 1967 tron Tijuana, lesion, into the United States;
the sane was Rudolph E:-sin Roses, 1.180 I.'l.. River Drive, Riasi, Florida;
other reterence Isa nade to s L211: a check through the Itiani directory in
11970 igdicted so Roren
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Q...-ltiooouri; thoroattor on attornoy in Ohlahona city, Ohlahona, no turniohocl
tho ilooon naao and aoo it ho could {ind any intonation to tho nnhjoct _
in, loo Orloana, and into:-zoo tho ouhgoct night havo n or. rocord; tho itt-
ornofroportoo hack that tho ouhjoct'o lnot nano noot 1i.ko17_oan, Rooohaon,
and that ho had. a cr. conviction in Ion Orlonno, Louiaiona, todoral court tor
o. nrcotico violation; thnronttor a Ionnonooo Iiconood lttorno; grocuroul
tho tr. ot noii conviction; nuhooqnontlg nnotho: chock ona nndo through tho,
lliani, tolophono diroctory which did 13-: a "Randy Ilooonoon" hut nith on
niirona dincronnncv- - - '
' - _ 92
ho that plaintiff intondod tho ahovo ihtorgotion for oxcluaivo uoo, nttor
n through invootiiation, in o jar; trial undo: onid. or. indictnont---rnthor
than £0! connorcialzing in tho conlnuiicntionn ihduatry--nan! in conooquonco o
oithhold parto thoroot Iron piaiauza =1-. 4==.r..,., who ooro ohnonhocl -.
dotondnnt nooolint! Ii11Lia.n Brnttord Iuio in conaorciil puhlinhing
Ionturoo: tot! lttorno; Arthur Hanan ax-., oho inaociiotoiy upon ontoring tho
Unit contractod oith lotondnnt,_I921io and Znd.!_ Lttornoy Porcy Ioronnn, oho ohilo
not ontorinr into Iitorar; contracts with 5r. Euio until January 1969,. too
nonthn ottcc l'orona.n'a onto:-in; tho ouit, Hr. Ihronaa did not qnoation plain-
titt ahoot onid information or othor napoctn ot tho cr. indictnont--bocnuao
of hio l»orona:n'n! ndaittod trial grogoration nothoda-until. Iohruar; I963."
5.. hat in Fohruary 1969, nttor Po:-cg Ibronan had ontorod into litorary
contracto Iith dotondant, Iuio, plaintiff furninhod lttorhoy Foronan nith
tho ahovo nontionod, Baton Iougo, phono nunhor and aakod his to invootigoto
in concoction with tho IL! Jr. honicido. hhortly thoroattor "rt For-ona.n 1
topliod in otfoct that it thoro noro to ho any tolophono nunhoro roforoi
toifin court ho Fox-onnn!.oou1d turninh-.thon through contacto in intorntato
gaohlihg--Hr. Io:-onan nontionod n, Hr. Hoyor Lannky, no hio oourco.
* M oquontli, nfior tho iuroioctitioi iii Foi-of r-oinn had inouioroi
plaihtitt into ontorin; n ploa to oaid indictnont, tho plaintiti on March
4
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coanissioner, Harry Avery. encent for a thin line circling sons writings
the property aeened in order.
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ii Tha t prior to iaintiffis transfer to the eforeaentioned ieniieitiarf,
Coudsaioner Avery, the late Governor of tenneasse, Hon. mtord Ellington,
and Governor EL1.ington's ndninistrative assistant, Hr.~Ii1:1ien L. Barry,
had decided and 5_:3_n_=;i_£§_s£l_1:g__rLi_t_1_.g_g see, Avery testimony in, Rn; vs. Runa-
ell, 11.8. Die. Ct. 11.13. Tn. C-iv. Action no. 5590, 19?O!P1aintiff'n treat-
aent upon entering neid penitentie.rJ',io, arbitrary lodging of Plaintiff in
nolitary confinenont innodiatelj upon hie entering prison.
92
.6. an thereafter on Hatch 13, 19$! Ihan ylaintiff connenced petitioning
the trial court for a new trial under said indictnont, Connisaioner Aver:
attenptad to jporauada Plaintiff against cooking a trial under said indictment
and after failing that inforned Plaintiff that ho Ionld hover he releasted
fron eolitary uconfinensnt shiie he lverh wan corrections conninaioner.
e,
9- hat in the succeeding years until the present Plaintiff ha: been arbi-
trsrily locked in solitary confinonent/segregation for spgroxinntely five
years, during vhich tine their hae been several auicides by prinonora hoca
anns of the hnrnhnant of the confinenont including too ! who burned then-
sci- teéenth= 2-en, LY-!=
_ " ;. ' .
IO. 'lhat aftar the sforenentioned plea by Plaintiff the trial Judge, Hon.
Preston Battle, departed fron enphia, Tennessee, for a vacation and while
on laid vacation the then Govornor of Tenneaase, Hon. mford Ellington,
upon learning of Plaintiff's effort to receive a Jury trial under said in-
dictnent, dispatched Stnte ofticiaia to located Judge Battle to offer hin
5- the next Appellate Judgnhip vacancy if the Judge would deny Plaintiff a
trial under the petition refer_ed to in paragraph-5 above.
1!-. mt on or about March uztn 1969 in.the_ prison eepegntiol nu11a1n; ' '-_'._I_ Te-_',192-'#
Plaintiff vas confronted through a me_e it _a'p_e'cis1 agent, Robert Jensen
.__
of the llolghin, Tonnescse, fedsrai bureau _of investsgation office. he
thnet of '1'. Jenaen'a convereation Isl seeking cooperation of Plaintiff
in furthsreing the HI investigation of ¬I'e indictnent. Ihoa Plaintiff
refined the cooperation ofterfllr. Jansen up'on departing said Plaintiff could
expect rieinufr Brothers John I. Jorry nay! to loin nu.-. in prilon, or Iorde
to that effect, thereafter: -133-
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Ca! 3la:.ntitI'e brother, Jerry lay, eae intinidated to the extent
that he had to reeign hie Job in the Chicago, lllinoia, area; lub-
eeqoently after torcing hie tron hie Job the !'BI_atteapted to Irene _
hie tor nuneroue criaee. '
h! plaintite other brother, John Ray, eae arreeted by police "
while driving hie car in the St. Louie, ier-I-:1, area and euheequentw
1: charged by the I'll tor aiding and abetting a bank robbery. Tried
and convicted Iith e defendant ehoa tho goeernnent alleged actually
robbed eaid hank, John eaa given I8 yeare and the alleged robber IO
yearn; upon appeal the alleged rohhei-'e conviction eae reeereed hy the
Bth L8. circuit court of appeal: hecauee the fr-uita of an illegal;
eearnh I eeinure one need againet hia; however, the Bth circuit ruled
the? the truite o!_the i.llego.1 nan:-ch one not ground tor reversing
John lay! caee hecaeue the alleged efidence stolen none!! eae not
taken tron hin; upon re-trial the alleged robber eae acquited; lab-
eeqnently another defendant in the robbery eaa charged nnd entered a
plea tor three 1 Ieare which eae later reduced to eighteen eonthe
by the government. -n .
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I2. That in. Jone I959 Plaintiff tiled a civil action in thellnited Staten
Dietrict court tor the ml!. of Tenneaeee eeeking to void contracte heteeen
plaintiff, the aforementioned 1m-1:; Foreman, and defendant, Huie. In att-
eapting to have eaid civil action Complaint!, dininaed, thue nacoeeitat»
ing the refilling by Plaintiff in the i.D. of '1'enneeaee, the detendante
Attorney the late, John J. Hooker nu, or the Davidson count; Tenneeeee
bar, illegally procured Plaintiit'e entire prieon record, including donicle
intornatihn, Iron the atorenentioned correctione conniecioner, Harry Avery,
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oloroaontionod Pore; Foranan I. dofoadaat 3u.1.0, would not havo to uhdorgo
11.10 tootiaany, g3.§I_g3_=g3:_L_§_§g3_§. tho Judgo accccpliahod this 1030.1 :0.n0u-
Q: by ruling tho P1ainti£1."0 ouhpoona powora qoro linitod to 0 100 silo
todiuo oi llonphio, ronnoaooo. - -'
lhat Judgo Hcnao tux-thor projuiicial t arbitrary actiono Ir inaction
lloto bolow olfoctivoly diliniahod tho Plairzt-it£'0 right undo: tho Unitod
Statoo Suprono court and-ato for a roll and qquitabio ovidoatiary touring:
.! tho court ruiod in ottoct at tho oclicitation of tho P
8tat0'0 Attcrnoy, dotondant Bailo-_-who had cocplainad to tho court that
tho prooo I03 urging tho Stato to uh cortain quoationo or Haintiff-that
Gonorai Kaila couii inqu.'i.r0 of ioiatiffiz oiiogod information ho p1ai.ut-
irt! ilrovido laid Pore; u-ooan ccncorning otho;-o poroono 0.1105061; cul;0-
Dlo undo: laid tr. iniictaont. Ihoroottor, althoo Plaiqtitt did rotor to
~.
intonation doicribod atcvo ao toing gin: to Hr. Foreman by Plaintitr, and
within tho continoo 0! tho abovo court ruling, noithor dotondont, Hailo,
Or, -Iudjo Hcilao quootioaod Piointitt 1.9 tho nattor.
Ia! Judgo Hcliao in ccncort with dotandant; Poliicciotti, hao con-
Iiotontly-dospito potitiono tron Plaintito counool, Jaaoo H. I-ooa.r
- dociinod to forward. to tho ll.8- 6th circuit court or appoolo rolovant h
nocouary pcrtiono at tho transcript in laid ovidoatiary hearing: uncir-
. ,n- -
- liioinvntotinn,ically, tho dotinitivo portions ct laid tranacript ovidonoing, Pore; For-0:an,
roruaod to ottor 1110 toatiucuy in oaid ovidoatiary hoar-
- in; and thuo through thoir dolotoricuo inaction in tho tr. nattor contri-
hutod oahotaatially to tho 6th circuit docioioh against Plaintiff thoroin.
KI
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now, tilod attor
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15. at 1|:-icr to
oaptad to niolood
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16. lhat their have been ;ublicized allegations that, Judge Hciae, is_
aore concerned with the political effects of his decisions than the
lee. See, 22--C. ' " . ' '
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I2. Ihat the clerk of the court defendant, Pellicciotti, therein laid
eeidentiary hearing was conducted acted in concert'Ii't-h, Judge Ziclee,
in declining to prepare and forward tr. naterial, described in paragraph
11$-b above, to the 0,8. sixth circuit thus contributing substantially
to the sixth circuit denying Plaintiff relief under said evidentinry
hearing. 2 - .-w 92 '
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18- int defendant, Eaile, who was the State's chief couneel in the afore-
aentioned ewidentiary hearing, but is now in private practice, has libel-
ed_ Plaintiff by aiding I1 abetting defendant, Hcliillian, i.n Bic!-til1ian's
preparing ll authoring the aforenentiones artilce for defendant, 1'11-ll. '
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I9. hat defendant, cillian, inforned Plaintiff's brother, Jerry Rag,
of :1; H8Mil.Lian's! rolationahig nan defendant, Bails. ;., -P--.@.
20. that I975 defendant, Paile, appeared with defendant, Hc!-lillian,'
at the Tennessee State penitentiary-ilaahville Branch-wherein Mcillian
requested warden, Jones I. Rose, a personal friend ofiaile, to contact
Plaintiff and aak if he would conaent to an interview by, I-lcillian.
Ierden iose did forward said interview request to Plaintiff which Plaintiff
declined and, thereafter, Haile _|| lichillian viewed the solitary confinenent _
building wherein Plaintiff was housed-
Zt. That defendant, Hails, while asst. att. gen. for the State of fenn-
es-see seweral tines publicly criticised court decisions unfavorable to hin
in a sunner Iuggeating he wae atteupting to intinidate Judges, acts for
which he aubeequently was diaaiaied fron the a.G.'s office by the att-
orney General for the State of Tennessie. "
22- That in the January 26, I975, issue of PINE nagazine !--D! under
the title of ".l'he ling Assassination Revisited", defendant, Hcillinn,
anthored a aalicious article subtitled "1'a gonna ll that nigger King" '
and alleged said nbtitle to-be a statenent aade by Plaintiff.
laid article is littered with deliberate fabricationa, and while of a
hollywoodish character they are delivered with malice intent, begining 435'
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'1»-In I963 and I968; ttartiz Lutnor King no on W alnoat oworyday, talking
dofiantly about how Hack. poo;lo woro going to got thoir ri;hto...Ra;
watchad it all avidly on tho coll-hlock '1"l_'at Joff City. H_o roactod ao
if-lingo rooaria woro diroctod at hia poroonally. Ho hoilod whoa Kin;
I ooao on tho tuba- o hogan to call his Martin 'I.ucifor' King and Martin
I-uthor cool. It got II that tho var; aight of King would galvanizo
4 1! article=|o
ua 92
tho facto aro that thoir woro no W aoLo_ in tho collhlocko or, collo,
during ?la.intiff"a ontiro oojoura in tho lliaaouri Stato ponitontiary at,
Jofforoon City; and, that dofondant I-!cl4iJ_1.1.an io cognizant of thio fact
throud: cooworoationo oith Hiaoouri corroctiona officialo whoa ho hao
cootactod for information ouoorouo tinao. Soo, EX-j.
Z3. mat ooworal o'aE.u.=r doliborato fabricationo with aalicioua intont in
oaid articlo aro: H _. 92 _-_ '
l a! "Ray and hio folloo convict Raymond! Cortio would oot_ around,
ofton high on opood..." Spood hoinf a fora of narcotic. 9- I8.
.
. t J "On April Z14, 1967, juot ona dag artor Ra! oacopod from tho
prioon at Jofforoon dity, ho not hia -Brothara Jack and Jarry in ¢hica;o'o
Atlantic Hotel..." allagodly, oaro Hcillian, diocuoaing tho ourdor of
3a_.rtin Luthor King. 9. 18-
c! um llcH.1.l.lian allogod 'i>:.-inurzva Brothoro, John 1. am-1 Ray,
IIIIJ Jr. aurdor. Pl. I8 I1 23.
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21» That tho Stato of Fisooori donartnont of corroctiooo conaiaoionor
l_!r. Goo:-go II. Coop, allogoa in
win coanoction with l!cH.illia.n'ahad, froa conwaroationa with Plaintiff, knowladgo boforo tho fact of tho
offoctv that dofondant Hciiillian lo a fraud
aforoncntionod allogationo concorning Plain-
tiff'o conduct whilo in laid llioconri ponitontiaz-7. saa, xx-1'. .
25. mat tho Hiaooori 1|:-iaonor dofondaot Hcrllian princigall; rolioo on
to Ilhotantiato his allogationo, allogationo that Plaintiff not only
Qlotod tho aurdor of KL! Jr. ht woo aln _a narcotic addict, narcotico
_ QQQ= a¢t__ ll 1-a'Ia'la:l wi wv--I - -wv-
Q9 Q9 959- nd Gun-til-
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Isea thereafter lisited in his prison association to his oen type.
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26. that shortly after Plaintiff's arast in 1968 to sneer for said cr.
indictnent defendant I-lcliillian stated at a ness conference that since he
llcllilliani hnes Plaintiff sas guilty of the isdictasnt charge he McMill-' s _ .Q
inn! sould not have to investigate the case. thus it follows a fortiori
that iiciiillion has relied on the tori: product of other novelist to s'nb-
stantiate aiceable portions of his allegations in said H143 artccle.
Z7. That defendant Hcllillian has posted Plaintiff numerous letters, first
threatening, then caioling, in seeking interviews for use in said article
, . .
and his alleged forthcoming book re Plaintiff.
ZB7 That defendant TIRE ssgasine has vested financial! interest in
publishing said nrtilce by Hc.HiJ.lisn--thus in promoting }!cMil1inn's forth-
toning book re Plaintiff- in that llc!-1il1ia.n's publisher, Little Brown,
is s subeidary of 1'11-L-J inc. . - ' _
v -1 - . ->- _ ". . , .
E. That defsndst TIME deceived their own agent Richard C. Ioodbury! in
their iicego, iliinois, office into thinking iii eoul no an objective
story re th_e natter. See, EX-F. a .1. '_ -
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JO. _'Ihst defendant E-IE III consciously endeavoring to inuence the
United States sixth Circuit court of appeals in, Ray v. Rose, no. 73-
15103» which just a :l'eI days subsequent to said article heard aggunsnts
in tie shots !-Lt: != Qse slit to Iletcr_1ns ohsger to oz-oer Pluntif! n
nee trial under said cr. lndictaenh
J1. Dist TIME inc. has a history of conspiring to mbtert the judicial
and political processes by publishing, tinely, sslicions articles prior
to judicial decisions or election of public ofticials._ f '
32¢» at because defendant, 1'D!.._' i,.he.s'sade a fresh investigation Tp. I?
said article! into the "case"-their initial investigation evidently
being perlotlsd by '1'.Lse inc. LIFE IIQIJ-ll! is 1968--rm: is copizant
that a substantial portion of said article is tales L aalicious.
13. at substantial portions of said srtilce by HcH.i1lian sere supplied
to Kr. llcfillian by defendants, Frank i Iiuie-Defenf-ant, luis, published
s novel re Plaintiff in I970 titled "Re Slee the Dresser"; defemhant, -1881
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o35. That tho falao allogatinno in oaid article: "that Plaintiff committee
a holdup in London, England, and that Goorgo C. iallace would pa;-don
jlaintiffp pp. 17 ll 23':-oopectivoly, oore anppliod ta defendant :1cMi1J.ien
I7 oofennant nuie ao ovidonnod. ny eutenenza nane nirocuy to nunuxx
by tho above nenticnec! Porn; Poznan quoating Huie toP1aintiffl alien;
with oral I. written doclaratiano by Defendat, Euie. Soe, -2:1 '1.---.t.a_ . - 1. I-
35. at Ilofondant Huio in hio ongoing media campaign against Plaintiff
libolod Plaintiff in a CBS-N intorrior hustodoby, Dan Rathor, on or
ainut iamua.-1 2, i9'76, by foioeiy a.i1e;i.n3 in eifoct that nintiii had92 .
mu.-dared Emit Jr. and, ranted a loan conpany in London, hgland.
36. not tho talea allogationl in refoi-once to Adolph Eitlor p. 23 said.
articloi I'll anpplied to defendant'.Hc!J.J.lan by Defendant, Fr.-..-2:, an or-
iiloncod by otatonontl nod-a iiroctly to plaintiff by Plaintiff! fornoro .
itturnoy rho Ill intorviooed ezteneiooly op dorendant, P1-anii Honori: Iliii
of the; Ghottnnooga Tonno ooooxbar. ' ' __
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32. that defondent Hnie hao a biota:-1, for coanez-ciai zeeaone, at
contontiouonooo Iith oaid, Got. Wallace.
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$8. That dofendant Prank hao a hiotoz-1 of dofendin; Zinnia: even I-nan
it includee nnrder, eg, ooo P1-anlr.'o novol, puhliahor in 196}, titlod
"HE DEED", and if allogaticno in count 2-f abovo aro oubltantiatoi in
court proceoding I42. I1-e.nk'o int:-union into ail! er. indictment ao I.
Government adwoato in road-111 oxplicahlo.
J9. hot an articlo in tho BILALIAII IBIS puhlilhod March 12, I975 page I5
jllulltinato paragraph, roportod XII Jr. Iao lhifting hie political alli-
m=e'e..:'m-. Kin; Iao mxzmg hie political allinncoo and um. ngnu- oo -
app:-each. to npport thio 1-ieo oboe:-were point to Dr. inure viooe on
the Viot rrao oar and hie growing oupport of tho labor novooent. Dr. Kin;
oao aloe chain; under the infineneo of the Teaching of tho Honnrablo
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{'-releivea by the Court ae a defendant in eaid Iuit i; taleel: alleging _
I lee, I21-8. p. I! a_proceee dericiencyg {Ir h~anlr.'a in effect faleei;
alleged that he I Doubleday Coapa.Iu!'e atliliation vac tornal I transitory.
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'01-. That the record Iill contira that not one of the P]-a:l.nt1!!'I aoculerl
in the comnnication indnetr; have ever ottered live teatinoru in a court
of lav but on the contrary, they have utilized nuneroue rueee to avoid
pr-oceie and the iuhpoena vhile the rice - --" - - -- --
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Iuditn the publicity, appellate courte are reluctant to
teeerae becauae it eoold bring doe-n a heap or criticiaa tron
the public tho are not taniliar with the rule and regulation
of 1ae...to ma a Judge or a group of Judgee with enought
courage Iouid on experience, be unez;;ected". See, E1-I.
52. that the detendante, TIRE inc., George Mo!-llian, I: lent; Haiie,
Ii.'L1.I.el Brattord Huie, and Gerold Frank ere guilty of the violation
ea ionoeez ; " -
" ta! or libeling plaintiff in laid rm: article with nalicioa intent.
kl. That the detendante, TIES inc., George Hciliian, I. Henry Haile,
are guilty or the violation as rolioeez .
II oi acting in collusion, by the nature 0! eaid article and 1t'e
publiehing date, to influence the ILS. 6th circuit court or appeal-e in,
Ia; Y. Qoae, Ho. 7}-1543, ndveraely to herein Piaintizt, thua obatr-noting
inane. and yiuauag pla..ntiI!"l =1.»-11 righte. '
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lib-That defendant, Hc}2i11ia.n,ie in addition guilty or the violation
ll_IO1lOI'lt _ "' - - "' -
: a! of receving I: publishing nalicioue narerial tron de!endantl,
luie In hank, Iith a reckleee diarogard tor the truth or ralaity or eaid
aateriai thue compounding Hc:4iJ.1ian'e libel-
92Ȥ-. That deiendant, Huie, in in addition guilty of the violation an tollone:
" _a! of libeling eitn aaiicioua intent by Ialeely charging on a
CB5-'1"! special dated January Z, I976, and hosted by Dan Rather, that *"1aint-
in had in ettect aurdered, Rev. Martin Luther King Jr., and, rotted a
loan conpany in, London, England. _ ' ' .
. _ _
92§v that defendant, Keile, is guilty oi the additional violation-faI"£o11cn:a:
I! oi violating P1ai:Lti££'e civil rights. with nalicious intent
by aing 8| abetting detendant, Hoillian, in hie lIEoiJ.'1.1nn'l! punliqing
laid article, throu turniahing Hciilianr information tron the tilee of
the hnneeaee Attorney GeneraJ.'e ottice 1-mile he Bane! nae aeat. Ltt. Gen.
ID ot luring direct knoeiedge reeuiting tron hie tenure in the
Ienneeeee 1.0. otiice and hie aaeociatioa eitn the atoreneutioned, Percy
Iorenan 81 Iinian L. Barry, ot the tmulneee ot allegation nade in count-3
lerein abo:e, thua violating Plaintife civil right:-
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_ .1,7. nu: defeudente, Judge Hcliae a Brenda ?el1icciotti, are guilty of
the civil rights violation as follows: ' _ _
a! of deliberately vithholding relevnnt portions of Plaintiff's
transcript fro: an appellate court, refered to in count-15 b above, and
thus contributed lubetnntially to that court--11.5. 6th circuit court of
appeals-sustaining Judge HcRae'e earlier ruling therein egcinat Plaintiff.
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£8. that defendant, Judge HcRae, is is addition guilt; of the civil right'|
violation as follove: _
92 s 92
- a! of refusing to act onta notion to take perpetuating testi-
nony from defendant, Huie, in the aforencntioned evidentiary hearing, re-
fered to in count-1% c above. -
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£9. ihet the Plaintiff ie entitled to exemplary danagea because defendants
excluding Judge KcRae & Pellicciotti, should be taught that the culpabil-
it; of defendants in cr. indictnenta were intended under the United States
constitution to be decided in courts of lav rather than through fraudulent
misrepresentations in the connercial connunicutions industry; and the othe:
ten defendants that legal requirenente precede political considerations
or binsness against a particular litigant. _ _ _
92 92 _ .
5°. That as a result of the defendants actions cited herein the Plaintiff
has not only been ligeled in a naligant fashion but thoea tho have the
responsibility of upholding litigants constitutional rights have by their
collusive acts indirectly contributed to and encouraged the libel.
" IHEREFORE, Plaintiff demands judgment fro: defendants, ex-
ftluding Judge Hcae, nunitive damages of Five hundred thousand dollars
respectively. - ' '
D . 3-=8; E. Ray
I§n§l nee.-._lnew-waves-tee
_ . Iashville, tenneeeee.P3-aintiff_ 4 Q1 __ _ __,
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92 . -.1 . - -- --.4"-vI ' 92
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_ _", ; .-.. . 0 ._ -_._. - f- -- -' ,1 '".__/-2;-<.,T_' - . SIIII ¢£_$/0JL'i"'¬___ T _ _ 1 Said manic; being _scnt _ 1
"g -__ -by_i11i1 to J§mes__Ba§'1 Ray, witP_:_ aliases, from ['!4;§.-s/1 £.¢T-9-'.:/¬
1_ _ -_.-'-_,"_'_ who rcsidci at 1p-:1 fa/-A/..».-'1/p-f M1555 ,1/99', y, Q 3]!-H5
n',___-1_ _ . 2--Tho above sun was received in the fora. of " - -g, - .<'5'aC'¢-no. -1513-48:wa9_ .. . -- - '_¢T'-;"*1_ I 1°_.. .v- .-- ~ - 5-.,-1-was "- -1:115!-|,C§c;c}g monc order.-' 9 C" ,- if '- "" hi!-rcI1-.-1 P - . ---"mill: N-"-'- ""¢i* 5"" 1. . . - .. =-. -.;---a.~': -~ -:.-'»-----_,. -*
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'- . :. ri:~-_-'1' '1
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LJ.LIIACKWEI-LOuhd92heCrlnhelCawudnHCOIlb'.5992II5Ill'5'I*5l?5l¢IP
u §!eFT925e_ __ _ 1 Th Jspmmnshmuindpamwwdm
jrrrrm Qyum or mm. mu mmw_m
NH Nmkllllgihtvk 0!=:_1f|;p921. ma .92cc1:m:~a: PLEA or cur_L11J§'3p_ W i_ e -
WIR DIRE OF _!'A;_192lQ7_ANO BIKER - OF -IRES §A_.RLjAY_; PIIWEP. B_-16645
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%[_E_§_E.;92l§L__RAY ___ '" s.hD|'92Dil' _ - -
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1' IITIIIOH FOR WAIVER Of TRIAL RID REQU":.S'I FOR
ACCBPTANCE or PLEA or GUILT! -
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_ That ly true 0-1.1.1 nene is M1155 £531 '3, and I assert that
* I all proceedings cgsinst as should he hed in the name which I hereby declare_ to he ryU true none. _ ~
e . .U --_ _aa.____._- a_ ee._ _.____ a_ In -.92_ ____ __. W IEIZIITIIII I-I1 HI Ell-ISI ll I'll i | ITIO VIE IIlooted and retained by ne,lvho vas appointc t_ atzmxxeg-post, to represent
ic Defcn er, Ia in this cause. and Hugh Stanton,
__ - , I have received a eoyy of the indictnent before being celled upon to plead,
and I have read and discussed it with any attorney, and believe and feel that I under-
stand the accusation nade against are in this ease and in each case listed herein. I
hereby waive the rornal reading or the indictnent.
! _ - I have told ny attorney the facts and surrounding circuastanees as known
;- to he concerning the matters ncntioned in the indietnents, and believe and feel that
Iy attorney is f92_Ly inforned as to all such nettcrs. My attorney has inforned no
It to the nature and cause of each accusation against Ia, and as to any and all
_ possible defenses I night have in this cause._ r.
I
I
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IQ attorney has advised no as to the punishncnt provided by lav for the
offenses charged and e.-ahroccd in the indictment against ne. My attorney has further
advised that punishment which the lav provides for the crina with which I an char;ed
in the indictment is as follows: ' _-
Q_j=;;h_h;_;1;;;;g;u;jgg_Q; cqgjjnenent in the State_genitentiary fori _
' _tim9 W91: 1"="*Y P ! YE"i_e _
and if accepted by the Court and Jury say sentence on a ylea of guilty will he:
_$fi=¢ P¢I!1!=n$!*1Y 5'1! "i"FY"1"° Y*?"§e 99!-1 EL
I
t- It has hsen'fulJ.y explained to lae and I understand that I nay, if I so choose,
plead lot Guilty" to any offense charged against ne, and that if I choose to plead "Hot
Guilty the Constitution guarantees and this Court will grovide ne the right to a speedy
and public trial by Jury; the right to see and hear all witnesses -against no; the right
to use the power end process of the Court to coapell the production of any evidence,
lmluding the attendance of any witness, in my favor; and the right to have the assis-
tance of counsel in my defense at all stages of the proceedings. l
1 .
_:n the exercise of any ovn free viJ..|. and choice and without iny threat: or
p'as_s-urs of any kind or promises of gain or favor fron any source whatsoever, and hein3' 1 3'-1-.31-,-';_s':'.J.','-a.92ga'|'a of the action I an taking, I do hereby in open Court request the Court to
Iaccept q glee of guilty to the charges outlined herein. I herehy vaive any right I P I-. _;#",_ f may or could have to a Notion for e lieu trial, and/2 an appeal. "' h . a iQ I -_' ~.- ' L '- ' '5-"'92.-a-' __- _ - ' Desendant W
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II HE CRIEGIAL C¬J'-ZR? OF Z221-BY CGLWFI, l'5;'il'38Si".!
. -DIVISISEI H1 -
ITNIE 0? ERR?-l'~S£E - ' '
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IIIIEII Anmuzizlmi '-'a1r5|| or mun mu |u.1.':;rr.|.n=:i
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11:1: eeuee eene on for hearing before the Ionoretle H,
_gg551'gg4 gg1[1j,g_ 7____ _7__, lodge of Division I11 We oi the
Crlninel Court of Shelby County, teeneesee, on the petition of the
arm.-.m., e was egg; RAY ,7 - . for Yei'92er or £1-1-1 tr: gm end
_-----L O-- 4---5..--n O Q eJ-- Q0 -"I10" --I -IIlIh awe In-birhilllei we I ILII we eta-nee}; Ila-
hereto end in-zorporeted by reference herein; upon etetenente n.ede in
. the District Attorney General
open Court by the defendant herein; hie ettorneysof record;/the Assistant
Attorneystenerel representing the Stete or Tennessee; end from questioning
tr tie Court of detendent end hie counsel in open Court; end
IT AIWEARIIIS N TEE 6635"! after eerehal eonelderetinn that the '
defendant herein hes been full; edvieed end underetende hie right to e
trial by jury on the |:e:-its of the indictment egeinst him, end that the
defendent herein doee not elect to have e jury deternine hie guilt or
lnnoeence under e plea of lot Guilty; end hen vnived the torn]. reading
oi the indictment, MID: "
1! Nlfnitl API=?J.BI $0 THE CCIIRI thet the defendant intelligent-17
end nnderetendingly waives his right to e trial end of his on free will end -
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t.IJUDGE
JUDGE
DEFENDh
JUDGE
I
DEFENDAET
JUDGE"James Earl Ray, stand." _ -
YTJ
Have your lawyers explained all your rights to you and do
you understand then?" "
"Yes"
"Do you know that you have a right to a trial by jury on the
charge of Murder in the First Degree against you, the punish
lent for Murder in the First Degree ranging from Death by
Electrocution to any tine over twenty years? The burden of
proof is on the State of Tennessee to prove you guilty be-
yond e reasonable doubt and to a noral certainty and the de-
cision of the Jury oust be unanimous both'as to guilt and
punishment? F
In the event of a jury verdict against you, you would
have the right to file a Motion for a New Trial addressed to
the trial judge? In the event of an adverse ruling against
you on your Motion for a New Trial, you would have the right
to successive appeals to the Tennessee Court of Criminal Ap-
peals and the Supreme Court of Tennessee and to file a pe-
tition for review by the Supreme Court of the United States?
Do you understand that you have all these rights?"
'"tes
"You are entering a plea of Guilty to Murder in the First
Degree as charged in the indictment and are Copronising
Vo r Dire
D PENDANT
DEFENDANT
DEFENDANT
DEFENDANTI
of Defendant on waiver and order
_ Iy your plea of guilty you are also waiving your rights
to ! Motion for a
the Tennessee Court
Court of Tennessee;
Court of the UnitedNew Trial; ! Successive Appeals to '
of Criminal Appeals and the Supreme
! Petition for Review by the Supreme 1
States. '
by your plea of guilty you are also abandoning and
waiving your objections and exceptions to all the Hotions
and Petitions in which the Court has heretofore ruled atainst
you in whole or in
l.
Q
-D Notion to
"AD I JaIaraw In Ava!
3.
4.Motion to
Motion for
5. * D D
6.
7.
8.
9.
10.
"Yes"Suggestionpart, among then being:
withdraw plea and quash indictment
en-Ila.-at Q92I LCQ¢ 'QllZl"92I E § _ I L92I$lI§@
renove lights and cameras from jail___
private consultation with attorney
Petition to authorize defendant to take depositions
Motion to permit conference with Huie
Motion to permit photographs
Motion to designate court reporters
Notion to stipulate testimony
of proper nane" i
"Has anything besides this sentence of ninety-nine years in
the penitentiary been promised to you to get you to plead
guilty? Has anything else been premised you by anyone?"
llnull
"Has
used
na_; _- _1--4a__nae yuu yacnuang
this
such
iurder in the Firstany pressure of any kind, by anyone in any way been
on you to get you to plead guilty?"
"so"
5'-
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wPl 0 3vofr Dire
JUDGE
DEFENDANT
JQQGE
EFE§AT
JUDGE
,,,..,__,=:,v¢ ¥'lr- I 4"**°92 fa--..=--. '."'of Defendant on Waiver and Order
?Is this Plea of Guilty to urdei In the First Degree with
lgreed punishment of ninety-nine years in the State-Penl-
' tentilry, freely, eoluntarily and understandingly lad: and
entered by you?"
IIYs|Q -
Is this Plea cf Guilty en your pert the free :c: cf yen:
free will, made with your full knowledge and understanding
of its meaning and consequences?" I
Q 3/??fesi; .
"You may be seated.
J0
. . -199-
EIGIIBIT 17
Classied!
-200-
DO]-II?!-03EXHIBIT 18
Classied!
w
-201-