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FEDERAL: BUREAU OF INVESTIGATION
SURREPTITIOUS ENTRIES
JUNE MAIL-SERIALS X111-30X20!
PART 10 OF 23
FILE NUMBER : 62-117-166
$13,¢»
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FURNISHED ATTORNEY GARDNER WITH 525 NAMES OF SUP/YEA MEMBERS
SYHPATHIZERS FOR PERIOD 191a - 191:. GARDNER wAs Anv1s:§""~
w1u.1~e T0 SEARCH m-mas BUT ESTIMATED
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,PROJECT WOULD TAKE FOUR TO FIVE WEEKS. ATTORNEY GARDNER STATED
om»: mamas HE DESIRED SEARCHED :
WERE moss OFANl_IHARLI-IS BOLDUC
WP AND vsa. '
WITH REFERENCE T0 RE DETROIT AIRTEL! AUGUST IS! lsgs, =?
A r r E r|FqGARDFJLR REOUES ED R VIEW 0 _-_I
REGARDING REPORTED BREAKINS OF swP HEADQUARTERS, 3137 WOODWARD, 92I
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DETROIT, OCTOBER SE, 1971 AND ALLEGED BREAKINS OF THE RESIDENCE
ixOF CHARLES EOLDUC, FEE. 1, 1972 OR 1975 AND FEB. 22, 1972 O9 1975-
THIS REQUEST TILL EE CCHPLIED WITH AND RESULTS FORWAROED
FORTHNITF,
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1;-mmit the following in ___ __ ,_ _, ,_ p _ _
' Typo in plainusl or code]
Vh ___ __ .____________ . "
Precedence!
TO: DIRECTOR, FBI 6-B160!
FROM ADIC, NEW YORK 6-3170 Sub 2!
SUBJECT: JUNE9 $URREPlI';IQUS ENTRIES-
at New York.
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ReBunite1 to NY, 4/23/76, captioned as above
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ATTN: nvro, IS-3 SECTION LEI
* 92
Enclosed are copies of three separate memoranda
at NY describing material reviewed and copies furnished to
92 representatives of the US Department of Justice, Civil
Rights Division, during the period April 26 through 4/30/76,
l
;la%s!3'/._3PyJRm/¢o_g~5if~II{ Ga; //7/<{@X/{'3 »5_/ =* ,;' -REC-6 y '
"i "'9 u MAY 7 1976 ,
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QApproved: ~ _ ____ Sent _,._ __n| Pei'_1_i?_
' I Agent in Charge '
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-IF-. UNITED STATES GOVERNMENT A 7
Memorandum
To ADIC 68l70 Sub 2! DATE: 5/4/76
P -3 _ 4
FROM I S 4_°
SUBJECT:
SURREPTITIOUS ENTRIES
ReBunitel, captioned as above, 4/23/76.
- This is to compile a log pertaining to material
furnished by the writer to USDJ Attorneys WILLIAM L.
GARDNER and STEVEN HORN, of the Civil Rights Division.
Referenced communication set forth instructions relating
to the material to be furnished
April 26, 1976
Furnished
Material bx Writer
SAC Folder Instructions
SAC Folders l through 10
inclusive!
SAC Folders ll through 25
inclusive!
Avril Z7. l975
SAC Folder C
!"I92 III-3:30PM
3:30PM
5:20PM
9:45AM
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IWUTED SRATES£H§VERNhHWTL Mgmoraim All /7/re!
TO ADIC 68l70 SUB 2! DATE: 5/4/76
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;' Memo, asS GT1JUNE
SURREPTITIOUS ENTRIES aha Lu!
L. °": as
On 4/27/76, xerox copies of the below-listed
serials were furnished to USDJ Attorneys WILLIAM L. GARDNER
- and STEVEN HORN by the writer:
as
above;
above;
above:
above;above:sAc Folder 25 ' L
/8/72, captionedSM KEY ACTIVIST";
of Memo S /23/72, captioned
Memo of S4/7/72, captioned
Memo of 6/6/72, captioned
Memo of S 6/13/72, captioned
Memo of 12/11/72, captioned
Memo of 12/20/72, captioned
of 2/14/73, captionedF "WEATHFUG"; -
4/18/73, captioned
aka- FUGITIVE WEATHFUG!, IO#4361,
IRACY, oo=cG" m.,-qgp-0J
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Bu] U..S. Saving: Bond: Regularly nib: Payroll Saving: Pin "
4-750 -7379!
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FEDERAL BUREMI DF INVESTIGITIDI
FOIPA DELETED PAGE IIIFDRIMTIDII SHEET
Page 8! withheld entirely at this location in the le. One or more of the following statements, where
indicated, explain this deletion.
K Deleted under exemption s! ¬ 11 _ t with no segregable
material available for release to you.
i:| Information pertained only to a third party with no reference to you or the subject of your request.
[:1 Information pertained only to a third party. Your name is listed in the title only.
|:] Documentt s! originating with the following government agency ies! _. _. __ __ __
_,_____,.____ _ t _ . was/were forwarded to them for direct response to you-
_....i Page s! referred for consultation to the following government agencyes!; __.__i._.._i..l.._.
_ .,_ _ as the information originated with them. You will
be advised of availability upon return of the material to the FBI.
_.i Pagelsl withheld for the following reason s!:
[:1 For your information: _ __ W y_ _ _
E The olowing number is rue dfor reference gardi these pages:Z2-<//zz/--3<//2 E4? 1 _
XXXXXXXXXXXXXXXXXXX
DELETED PAGE S!
NO DUPLICATION FEE
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T° 1 ADIC es-3170 Sub 2! °*" 5/4/76
E°" JUNE
sunnspmxmxous ENTRIES
On 4/27/76, the below-listed material was made
available to USDJ Attorneys WILLIAM L. GARDNER and STEVEN
' HORN by the writer:
{gt}: '-mile 100-1111611vols 1 - 10, Sub A
l00l7ll6l 1B1 ! - 4 !
M18 176-QRvols 1 - ll
Material furhished op 4/2§;75=
NYfiles l00l7ll61 Sub 1, 2, 3, 4
NYfi1es 176-403A WEATHFUG!
vols 1 through 76
NYfi1es 100-16543
subs 2, 3, 4 furnis e y UBERT
Material Furnishe§ on 4422/76:
4* NY 100-160644 VVAW! Sub A_ _;_,t-R» W3my 100-160544 vols 12 - 61 92'
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OPTIONAL IMM 1. IIll! INI QWIGI0lAIPIIlIl1¬lUlI'l-ll-I I ' 1 ' ' UNITED erxras o<§r:RNMaN'r
. 1 5Q Memorandum
T0 : Ir. T. I. Leavitt
F. J. Cassid2g$;_ JUNE
OSURREPTITIOQ § E TEEESanon :
suaqncr:16 7! ¢J
1"-Mr; JQAQ
1-Hr, T,W, LeavittAnne. Dir. i.
Dip. LO Aim.
Dep. AD luv. _
Ant. Din:
Adm. Sow. _.
1-Ir. R.L. Shackeltord spamm-
w-"m= 5/21' /'-'5 ZL".'.T.§.'l_'
Ideal. _____
lnlldf
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Leboruhry __.
Legal Conn-_
Plgn. I Evni.
Rec. Mgm. __.
Qpoc. Inv. __.
Truinin' __
Telephone Inn.
Bimevor 50:'y ,
PURPOSE: . -_
To record a review of FBIHQ tiles "WeathFug,V X
and "Jennifer Ellen Dohrn " on 5/27/76 b De artmentali -Y PAttorneys Civil Rights Division! William L. Gardner
Steven Horn,
SYNOPSIS:
KYIn a request of 4/21;géf the Civil Rights Division
asked to review a number of files concerning the Weather
Underground and its members, files pertaining to the
Socialist Workers Party, and certain files relating to Arab
terrorist matters, Departmental Attorney Gardner indicated
his review of the files requested in the 4/21/76 memorandum
would take place both at FBIHQ and in the field. On 5/26/76
Hr. Gardner asked to re files con-cerning "Wea tnrug, " an eview took
lace at FBIHQ on 5/27/76 an r. Gardner had made available
11 sections of "WeathFug," and all sections of the
ile, including the JUNE section.
RECOMMENDATION: 1<
NOIIG, F01 I8OOId PUTPOBQS.es-s1so 8%? 1,;z~// 7/ vl4>"' / X
1 - 176-1637
1 - 100-454261
.7 l __ .§_ a JUN 2 1976
Ul%§i~§l°-$91 _i};._$PqJr1m/caL ---"""'APPROVED: Ext. A'airs--._._..
Assoc. Dir _____ _________ Fin. 8| F'ers....-..._.
Dep. AD Adm .... .. Gen. Inv ........ __..
1!-92 Dep. AD in? lder|t.-_.................
Di : IAsst. r. l nspec _ Spec. Inv8 Adm. Serv._________ lntell. *'- * 7 Irainln
- /re u T»-n-I" f","P.l"I' Ru ' H , _-and
}92
92
Laboratory. Legal CounPlan. & EvJJ........'.._
Rec. Mgmt....._._.......
SEE DETAILS PAGE TWO
ROUTE IN ENVEZLOPE {;m9 A ,5!,
1 0 1976 Buy U.S. Saving: Bond: Regularly an the Payroll Saving! Plan §?aé{3r=-rm:
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Memorandum to Hr, T, W, Leavitt
Re: Surreptitioos Entries
66-8160
DETAILS:
In connection with its continuing inquiry into FBI
matters involving surreptitious entry, the Civil Rights
Division requested on 4/21/76 to review a number of tiles
at both FBIHQ one in the Iioloi Aooog those tiles were ones
which related to the Weather Underground.
On 5/26/76 Civil Rights Division Attorney William
Qaidner agkeg iilrgxiil specifically the "WeathFug" and
hcases. r. Gardner requested to
review these files at FBIHQ on 5/27/76,
On 5/27/76 Ir. Gardner and Departmental Attorney
steveo Horn who hes eoooopanied hr, Qardner on a reviewHot til s at t ew iice! reviewed the "WeathFug"
and eadquarters files, A11 sections
of "WeathFug w e a available for the review; all
sections of the ile, including the one JUNE section
were made available.
C!_L
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ma IACI, Charlotte F5 lace.-8!
Detroit Inc. . o/I/1e
Iron: Director , IBI Zli AIEIITIG
I ; 1 Subject! nun amuse nan, at At. Y1' - - . an u-iommt mum, er AL &
lI.I.D.O., l..D. III Iml! a
-- -' crvn. ACIIGI I0. ta on eieo no! .i: '
maria: :[email protected] » - - - .-i/ Q7 L. T-LI ~ L-1» 4 V d_ 0 11- ' me ' -
tile: 66-Bl o . ."o - 4 '' V . A
ieiueirteie dated 6/'4/16 and 3/ii/75;-ol15tl.oned .
"Iurreptitioue lntriee," no dopiee to Clnrlotte, Ihich etated
an Civil awm Divieion, bopu-tun: oi Juetice, requeeted
IBIHQ and Detroit Oioe lake available certain doounente and
tilee regarding "eurreptitioue entriee," A 999! oz! a 1-ottertron J. Stanley Pottinger, Aeeietut qt General, CivilRights Divieion, to the Director dated §%n1%6, captioned
"Iurreptitioue lntriee Iae turaiehed to Detroit ee en
encloeure to eirtel dated 8/1/76-
lncloeed for the Charlotte Otiioeéz one copy oi 7' tter dated 4/21/1635 e copy oi letter ot -
dated 312'!/71 ie eleo encloeed tor both
otte Detroit. 7 -.
Ior the into:-nation of Charlotte, Category I-l0 oi
' letter requested imlornation regardingo eae inieetigeted ee a looieliet Iorkore
I____ _y ____, Qanra & Laat aaataaa la am; paragraph
reads, "State epeoitioelly hoe the Bureau obtained poeeeeeion
of the lei-oh 29 letter.
* The baeie tor thie particular
niifiiii obtained i litter ifiiiifl
1971 to the Detroit Chapter 0! the
member 0! the SIP since June 1968. G:oi Government Inployeee BGIS inveetifagioi; i;1etituted .1' ' ' A -_' 0 1| "' '
0! ~ - an no'rs$ma "a
a . '- v-0'71 e.
Reason-F0 . - l ##Data _._vi 1-'___ L» _ t NOT
I : -9 __ L ms ~ * _..@/a;, e leourity
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~h-_. aqijfgyi111-1»: to no Charlotte et =1 Ci} -. *1;Be: 80-cialiet Iorkere rang, et =1. v. -~ H-
lhe Attorney General, et al.
100-18
__ $-
Burreptitioue lntriel _ i
66-8180
- r_'- no » '-.""6* _ I . _ _ _
on her based on inioreatieqkehe eae eeplored by the:
Departeent oi Interior. The SDI inveetigatien eel ;
completed and torwarded to the Civil Service Oomieeioe
°'.= 4/=1/"1 3*! 3i.na.tr.e1t I61 report um 4/18 =
St I ll/7a ee rolloeeqeho all unavailable for
recontact or testimony, on eaber 3, 1971, furnished
a typewritten letter dated larch 29 191 eddr' Comrades and signed b " to Dear
A Xerox copy
This letter,
and Detroit,
SE report.
Detroit tile
rage of this
source. Theoi this letter ie here r ee or .
copy oi which Le encloeed tor Charlotteeae eet forth on pliil 25 anu or theghe gggghfopy is eaintai in00- administrativereiort 1ii mii ii aeoyioiieSIP alleged the! l tter eae obtainedby a nail intercept or e break-imp; ii
4
On 5/17/76, Departmental Attorney Iilliam L. Qardner,
4
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as
,i-92
q- - - -- _ -_ =_-_.. ~;_ __;__ ____77____f_;~_~~__- i _ -_ .9. A____>_ ____ __-p--7., . .-..54 44,/,/f2//ca! i
Airtel to BAG, uariotte et a1 *Re: Iocialiat Iorkere Party, et a1. I. Cr -- _The Attorney General, et a1._ ~.*~.- ' =_ _ '
lurreptitioue Intriee _. . B o
.92 - , v ~ , _'; -2 .'. _ ' ' _' - _.-- "- r. , . -.. _ _ - --
1 ' =_ "L - I~ .
regarding aliegatione ng enrreptitime *-
entr inet the SIP, ita aeehore, and in particular 1thntter, e IlI_ enable to reeolwe thej .
utter iron iiie i"i?i6i"i, iitiionih no iioit ii:-iaiii t A _,
pollibly involved in this matter was intervie-eed by hie. '
Ir. Gardner ha now requested that rnmq adviae the _Depariit in writing ae to hoe the Bureau obtained -
th 1-Qtt.l'e -'air - I - '
In addition to the intereet by the Civil lighte
Divieion, AUSA Iiiiiae Brandt, Southern Dietriet oi
lee York, who ie handling the Government's detenee
in lee 5 Io;-2 city in %h_eotion eith the ti!!! eivii
suit, advised that Bureau re eel who can iuraiah ,-iniornation regarding th atter ea; herequired to testify at the ial echednled to
begin in New York City_on 7/1/'16. He aieo etated
we ente"' affi iii iiiiéi iii-iii itiéi lG regarding thie latter ABM
B t hie otiiee ie concerned that re _ a ao eta
Bis oi the Brean do not ooeproaiee any oi their
constitutional righte during eenvereationa eith any
repreeentative of hie ottice regarding thie matter.
It ie hie recommendation that agente he notified that
although cooperation ie reqhired between the Department
and the IBI, Agente ehould he aware oi their
constitutional rights, ggrtiohiarly the !1!th l!!!dlQQ!=
Ihne, the eapioyee in the iieid office ;ehon1d he d -
iniorned that it it ie hie view an answer eonld tend
to incriminate hie and that he deeiree not to inrnieh
each information, he should so etate to the ARIA. ~
iiii irnndt eipiainod that the rs: iwpioiee in qnoitioi
has every right not to tueniah euoh information and that"
it is tar better that the Governent learn that tact '
nor rather than at the tine oi trial.
/ - 3-
1
I-92
i_ .__- -_-4....._-_---_-._-~-..__1--V ¢ ~f - r ----~~';
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Airtel to SAC, Charlotte et e1 LT
Ye 92 £ Be: Socialist Iorkers Party, et :1. --
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F|iIns Attorney General, et :1. C 100-1e__.p -J _ J u 3;
_ 92 - .. ,- - '._ - . V
! ,'.--¢ --, I.Burreptitioue lntriee p86-816° u_ ~ - - . ?:. '
Q.I P L-92
" order to respond to the Departmentis request, . '8% to be interviewed by the SAC,Char o and S ereonall interviewed by the P YSAC, Detroit To nsure gents do not compromise any of
their constitutional rights, the Interrogation, Adviceof -»Rights form I'D-395! isttg be executed interview.
In dd . ha a ition, insure t A¥m 1ear1y
understand that no administra we act on I taken
against either of then for exercising their constitutional
It-I nie .-AA5uuIg _ . __
Agent*andshou1d be apprised of upfacts surrouu ing this nutter, s copy of enclosed letter
in question shown to each and an in depth interview .
conducted of each to obtain any information either of f
then may be able to furnish as to hos the Bureau obtained
possession of this letter. 31.99! ¢°IIP19t10lI 91 1t¢1'V1|-9'»
affidavit is to be obtained from each Agent concerning
his knowledge of this matter. SAC review the matter, make
appropriate recommendations and submit summary of resultsby nitel. Bl1bmt affidavits to FBIHQ by airtel. '
x - 4 -
92»~ /
4-750 -7-79!
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FEDEIIM. BUREAU BF INVESTIGATION
FOIPA DELETED PAGE IIIFOIIIMTIOII SHEET
Page S! withheld entirely at this location in the file. One or more of the following statements, where
indicated, explain this deletion.
Deleted under exemption s! f*' [ To ._._ with no segregable
material available for release to you.
Infonnation pertained only to a third party with no reference to you or the subject of your request.
Information pertained only to a third party. Your name is listed in the title only.
Documentts! originating with the following govemment agencytiesl _ I; __ 1
_ 7 7 : .was/were forwarded to them for direct response to you.
Page sl referred for consultation to the following government agencyiiesl; _i_i___i
T _ W ,_ as the information originated with them. You will
be advised of availability upon return of the material to the FBI.
Page s! withheld for the following neasonlslz
For your information: _ _ _ _
M owing num r ' us or re enenoe re ing ese pa s:?§31-;,g1 Z.{f -3°/vZ r?gL-cazi$': ; -i> Ear?» /X;/I //74*
XXXXXX
XXXXXX
XXXXXXg DELETED PAGE S!NO DUPLICATION FEE
FOB. THIS PAGE
XX
___ ___r ___ L,__ ___ [_92__ _ ___§ l ._ .-s_.:.l__'|_ __ - ,_g_ -- -1- _u:,:L - " .
OIIONALIOIIIQ. ll __in
1![@/ Memorandum 1 I if-: 3: ii: '.-iiitt, " w v nu lunuoh -' _ _ oa_A mu mam I01-11.0 '8 K J -
UNITED STATES C . -s'.RNMEN'T ' A"... m.._
Dee. A0 Ada.
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Lani Can-..
Plan. I [val
sus;1ac'r: SURREPTITIOUS swrrqgg JUNE '5'"-312:":
.4 -e1ieSu'-y. " E A J F I TPURPOSE:
_ _ _____ _____"____
To record-a 6/2/76 review oi certain FBI Headquarters T
tiles by Civil Rights Division Attorneys JIIBS Dyck and
Carl Feldbaum.
/§/2'1/F! SYNOPSIS: ' x
On 6/2/76 Civil Rights Division Attorney Iillian L,
Gardner telephonically advised that a tour-person "committee" ,92
of Departmental attorneys had been formed to conduct further ~
inquiries into investigative matters oi the FBI involving
surreptitious entries. Besides himself, Departmental Attorneys
Steven Horn, Dyck, and Feldbaum will participate, Since the
latter two have had no of the files in
question leathfug and ._Gardner asked
that they.be allowed to review certain sections or those tiles
at FBIHQ on 6/2/76. This was accomplished on 6/2/76. , "
RECOMMENDATION: K
None. For record purposes.
e ""- -1-val U-?vT£: I-VP: Dep AD Adm sgpm ' 'h:T3?"Q .-I ¢"'m , "5"-U Den AD In |¢ H WM Plan. & Ev||.............=Li5L:»'a 1*: ~¬'-Z 5, --"'~§=.?.'.=f- Aat.D1r.: """ 'l | et'"'." R"-'°-Ml"?!-.........0 Q Pb -c u .92Ja-."..:-,;z...2 1,6 Mm SON l::$ct:on........_-_ Spec; lr|v...... __________ ,x , -Mi¥3'LQ38=1_ 5 {;pUe_@/ML """'"¢-*~ --------- FIPPRUVED2 _"'" /A "Y 5*!» 1» ~ - Assoc. Di Ext A"a"""""'*' L"b°'=1°ni........,,.,,, FIB; Q1! npi 92|§_""'? . H 1-!IllCOLIn._.
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Iemo to Ir, T, I, Leavitt
Re: Surreptitious Entries
UETAILS3=A//
Q? On 6/2/76, Civil Rights i n Attorney Iilliam L.ay; :,Gardmer telephonically advised S hat a four-person"committee" of Departmental attorneys a been formed at the
Department to conduct further inquiries into investigative
matters of the FBI involving surreptitious entries which have
be n f ifi ' e o spec c iliiiiii ii ihe Department, namely, in theIeatheriug an __tters-1IIIIIIIIIIIIIIImm| '
On the "committee" besides himself, Gardner said,
were Departmental Attorneys Steven Horn who accompanied him
to New York on their recent review of files and documents
there!; Jim Dyck, a recently engaged Departmental employee from
the Senate Select Committee SSC! staff who is scheduled to
assume a position in the Department: Anti-trust Division; and
Carl Feldbaum, who worked for Henry Ruth in the Iatergate Special
Prosecutor's Office SPO!,
Ir. Gardner asked that Iessrs. Dyck and Feldbaum be
certain sections of the Ieatherfug andtters on 6/2/76, to familiarize themselves
w e material which they will, it is presumed, ultimately
review in our field offices.
On 6/2/76, Sections 35 through 70 of the Weatherfug
,_111g,_gng_§§g11gn§ 1 through 6 and Section 1 JUNE! of theile were made available for review by
essrs, yc n Feldbaum at Room 4825, JEH Building,
- 2 -
.___ _._ _ [email protected]_,_._.__-._-.-.-__- ...- _ _ * - _ -___ ,.. l"""" ' ' '
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J T AIRTEL/77* 7
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6/10/76
TO. nxnncwo
ATT
ROOM 42 B JEH
I
FROM: ACTING SAC, DETROIT 6491O!
SOCIALIST WORKERS PARTY, ET AL,
V. THE ATTORNEY GENERAL, ET AL
U.S.D.C., S.D. NEW YORK! CIVIL
Z5SURREPTITIOUS ENTRIES
TUFf:E f§?Tff '-..._..'92 .4mguixea
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ACTION 5 73,c:v 3160 mm!
-.4; BUFILE la-&6+~ i
no ~/zp 5/0 4' Re Detroit teletype to ti; Bureau, 6/9/76 and Butelcell 6/10/76
In accordance with instructions of referenced Butelcall,
there is enclosed the original and 5 copies of an LEM
captioned, "Socialist Workers Party, et a1, versus the
Attorney General, et a1, United States District Court, Southern
District of New York! Civil Action i 73,CIV 3160 TPG!
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From: Lac, Charlotte es- 1u_a! _
~ Subject: socm..:s'r wonxnns rum, Irr AL. v.p
ran ATIORHEY cxmn, rr 11.. I t " #*"~,;
U-s.n¢c-| 8-D. m '
czvn. ACTION no. 73 crv use rm! --
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Butelcell 6-10-76. /_/30-/ ,,..3//; 77A ,3O
In eccordence with inetructione of referenced A A
Bureau telephone cell. 6-10-76, there 1e enclosed the ori. lnelend 5 copies of e Letterhead Memorandum captioned "80C1A£I8!
WORERS ?AR'1'Y, ET AL. V. HIE ATTORNEY GENERAL ET AL. . u.s.n.c., s.n. mm YORK}, cxvn. ACTION no. .15 czv 3160 :rc!_".
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u1<:m;0 'STATES 0
RNMENT
To : Mr. T. W. Leavitt
FROM : F. J. Cassid
0
SUBJECT: SURREPTITIOUS EHTRIEIS- . B.
D.
JUEO
Adams
A. Mintz
oars: 5/22
W. Moore, Jr
W Leavitt
L ShackelfoT. .
R. . _ _
1
4/29/76, captioned "Socialist Workers Party, et al.
Attorney General, et al. S.D.N.Y.! 13 CIV 3169"; m
randum from the Director to the AG, 5/l3/76, same
and memorandum of Legal Counsel to Mr. J. B. Adam ,
captioned "Socialist Workers Party, et al., v. The
General, et al. U.S.D.C., SD New York! Civil Action
Civ 3160, copies attached!., A 6 1/ 92
. Tuna |-.__Reference letter of the Attorney General , " {$5
5PURPOSE :Anne. Dir.
Dcp.
Dap. A _? .". N. Bassett , hT? - AI Ian. . _._.
Eat. A oils..-
Fin. I Pan. _
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n luupclimlmnll. El Loiorclcryi
Legal Coun._
Plan. I Evil-_
lIuc- Hg!!!-S/vs
ipoc. iI92v- i
Twining ii
5/ /76
t orney
To initiate action in response to Recommen ftid!
Number 1 of referenced Legal Counsel memorandum as it/pertains
to Bureau personnel.
L°l1§5§- /0.2 //7// / /4/J
u;---guy I"
In a memorandum of 4/29/76, the AG advised that
the court and plaintiffs in the Socialist Workers Party
SW?! civil
supplied to
allegations
plaintiffs.
action may have been misled by information
... __. ._--..r_ ._-er -7 " - _--is » - --- - _ _-,,,.,,__ -~,» 7 -I _-__- 7~~92- _4;--- -- ~'- V ,__ - -- ,._
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3*3
Memorandum to T. W. Leavitt
Re: SURREPTITIOUS ENTRIES
66-8160
public speeches by the Director, AG, and other Departmental
and Bureau officials as well as their testimony before
congressional committees. External Affairs Division, Legal
Counsel Division's Office of Congressional Affairs, IS-2
and IS-3 Sections, INTD, are being asked to review appropriate
records in response to recommendation in Legal Counsel
memorandum of 5/28/76. Douglas R. Marvin, Special Assistant
.1 to the AG, advised on 6/21/76 that he will handle the response
5$~ to AG's request as it pertains to the Department.
-~ RECOMMENDATIONS:
§§§§ 1. That External Affairs Division review speeches
.ggg made by the Director and other FBI personnel for any statements
"t? concerning surreptitious entries performed by the Bureau..
-*~' Furnish results of the review to INTD.
-v
| _
; 4 2. That the Office of Congressional Affairs,
aw; Legal Counsel Division, review testimony by Bureau.§ personnel before congressional committees, both public
. and executive session, for any statements made concerning
surreptitious entries, with the exception of statements
concerning the Socialist Workers Party SWP!, by Bureau
~ personnel and furnish results to INTD.
-P
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Memorandum to T. W. Leavitt
Re: SURREPTITIOUS ENTRIES
66-8160
3. That IS-2 Section, INTO, review testimony 1
x of Bureau officials befpre_the various congressional igqiacomittees with reference to any statements made concerning1F%|Q
surreptitious entries a ainst the SWP. ___ _i M Q_ m-A7 _____
4. That IS3 Section, INTD, on receipt of pertinent
material from the Department and that requested from other
Divisions and Sections cf the Bureau, review same to determine
whether or not, in view of recent discoveries of surreptitious
en activity, any statements need to be retracted and/or
clar ied.
APPROVED: - /xt. AffaiI'!......- LaboratoI'Y._ l . s ;Assam D ._ l ' |:;n_ 3, Pgr5________ Legal CounI__Ll" "
Den AD Adm ____ __ __ Gen Iny ________ _____,_ Plan. G: EV3|.__.._. z...M ,? ~92 Dep. AD ll'92f.}C'l.g ldenf ........ ReC- M87 !------------,Y| " ' Asst. Din: J I lns!Jectiun¢e..-.Fb92 3P¢'=- |' "---------* Ad".-|_ se|vv__§'___________ ||'||_M1_92§_J__92_f! "9 Training ---- ---~"
DETAIL5 :
In a memorandum to the Bureau of 4/29/76, the
AG indicated that as a result of certain information coming
to his attention, it appeared that the plaintiffs and the
court in the SWP's civil action may have been misled by
information supplied to the Department by the Bureau. This
information concerned our suggestions as to the Department's
response to the suit relating to allegations of break-ins
made in the complaint.
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Memorandum to T. W. Leavitt
Re: SURREPTITIOUS ENTRIES
bb UlbU
The AG advised that although the complaint had
been filed three years ago, certain "error" had not been
brought to the attention of the attorneys handling the civil
action, though it appeared records at FBIHQ and in the
New York Office reflected the inaccuracy.
1'-. .-. ....,.-.1-.........'|..-. J BI 4.1-. r92,-..,~-.-a--..92-.J- _ .-.-Ll-I G. 1ll¬lllLJ.I.G-IILILIJII L-L 3/ f I-ll-= IJELJG-L L-lli-=JlL WG§
furnished our explanation as to how the discrepancies
occurred, and what steps we were taking to remedy same in
the future.A 00-
In his 4/29/76 memorandum the AG also indicated his
wishes that the Bureau furnish information as to whether or
not any public or executive session! statements made by
Department personnel including Bureau personnel! concerning
surreptitious entries, need to be retracted and/or
clarified.
In a memorandum of 5/28/76, Legal Counsel Division
recommended that INTD review all Departmental statements
including those by FBI personnel, concerning break-ins, to
determine whether any of such statements referred to by the
AG needed to be retracted and/or clarified. These statements
were to include public speeches by the Director, AG, and
other Departmental and FBI officials as well as their
testimony before congressional committees.
As we are not in a position to know what
testimony has been given by Departmental officials or
what speeches such officials may have made concerning
surreptitious entries, Douglas R. Marvin, Special Assistant to
the AG, was contacted on 6/21/76 by Inspector James C.
Farrington, Legal Counsel Division. Mr. Marvin advised the
FBI should only respond as to its own personnel in regard to
paragraph three of the AG's letter of 4/29/76, and he would
obtain the information as it pertains to Departmental
personnel. This should be confirmed in writing when the
communication transmitting the results of our survey of
speeches and testimony of Bureau personnel is sent!.
- 4 - CONTINUED - OVER
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Memorandum to T. W. Leavitt
RE: SURREPTITIOUS ENTRIES
66-8160
On receipt of the results of the review by the
External Affairs Division concerning references to surrepti-
tious entries in speeches made by any FBI officials and the
review by the Office of Congressional Affairs, Legal Counsel
Division, of testimony by FBI officials, both in public and
executive sessions before congressional committees concerning
surreptitious entries, INTD will review same to determine if
there is need for retraction or clarification.
IS2 Section of INTD which handles the SWP case
will review all testimony given in connection with that case
to determine if any statements made concerning the SWP need
to be retracted or clarified.
___ __ _____ .. __ _-=__ -__, .,._:___ =____Q~_ ___- 7 ~7e~ 7; ere -- ~_ _-- _ - 7 as ~~'- '~ ~ _, _.._
ao l'' onnqulwmn u-4. IO _ - '
I i CAI l'I92'l Q- NEH . 92I , ' -cu Ir-,1 In cm ll:-Il.l
;-, to er,--Mr. J. B. Adams ' ' '
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- H ' uh/{'1Eb F °" at Legal Counsel H I~ -4- i ~. Y I %" ' . 2
SOCIALIST WORKERS PARTY, et al.
THE ATTORNEY GENERAL; et al
U.S.D.C., S.D. NEW YORK} '
CIVIL ACTION N0. 73 CIV 3160 |..
U
PURPOSM -
To recommend that the Intelligence Division
reviewall Departmental statements concerning FBI
breakins and that the Records Management Division
instruct all SACS to insure that all investigative
documents in their offices are indexed into their
central filing system.
SYNOPSIS , h
Q t bBy memorandum dated 4/29/75 the lttorne - re .- -- -- -- , - , .-; ..,--_. .-.,,...'_...-7General advised that the court in captioned civil I {
action may have been misled by information supplied =
by the Bureau to the Department suggesting how the
Government should respond to allegations of breakins
made in the complaint. The Attorney General requested
that we advise him as to how this occurred and ti - what
procedures are being implemented to insure that it '
will not recur. The Attorney General also wanted to
know whether any statements made by Departmental
personnel need to be retracted and/or clarified.
By memorandum dated 5/13/76, the Director
furnished pertinent information to the Attorney
General concerning this matter. Concerning the
Attorney Genera1's request to know whether any state-
ments of Departmental personnel need to be retracted< ta LbJQ
D- Ann. Dl|..........
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and/or clarified, the Director stated that we are reviewingJ-. Q 'sac statements and we would advise the Attorney General
92L/ 1&1
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Legal Counsel Memorandum
to Mr. J. B. Adams
Re: Socialist Workers Party, et al., v.
The Attorney General. at al.
Civil Action No. 73 CIV 3160
promptly. lThé Note to the Director's memorandum
dated 5/13/76, specified that a separate memorandum
would be prepared making the recommendations set forth
below. ' l _
RECOMMENDATIONS
" 1. That the Intelligence Division review
all Departmental statements including those by FBI
personnel concerning FBI break-ins to determine
whether any public or executive session! statements
need to be retracted and/or clarified and then advise
' the Attorney General. This review should include public
speeches by the Director, Attorney General and other
Department and FD; officials as well as their testimony
before Congressional Committees.
f
2. That the Records Management Division
instruct all SACs to insure that all investigative
documents in their offices are indexed into their
central filing system. -
APPROVED: ;uf:.-Assoc. Dir ____ ________" fi. mrsm- Lab°rM°ry""" F,_92 x n. 6- Pcrs.._.___ L I C __ _Den AD I92dm-..¢.:$_- "*-Gen. lnv......_..... . PE? aT~:t;g|._ A] M u'92D-:>.AnIr-vhf,-.¢L_J.1...|_______________ Rm ,,_B,,,,_ '
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_,,Legal Counsel Memorandum : ' - t
to Mr. J. B. Adams
Re: Socialist Workers Party, et a1., v.
The Attorney General, et al.
Civil Action No. 73 CIV 3160
DETAILS
Plaintiffs, the Socialist Workers Party SW?!
its youth group the Young Socialist Alliance YSA!, and
15 individual plaintiffs filed captioned civil action
during July, 1973, alleging that defendants have denied
them constitutional rights as a political party. They
seek substantial damages as well as broad injunctive
relief. Defendants include the Director and other
Government officers as well as John F. Malone, former
Assistant Director in Charge, New York Office, and
Special Agents George P. Baxtrum, Jr., presently
assigned to the Milwaukee Office and Arthur G.
Greene, Jr., presently assigned to the New York Office.
The trial in this civil action is scheduled to begin
on July 1, 1976, in the Southern District of New York
before the Honorable Thomas P. Griesa.
By memorandum dated April 29, 1976, copy
attached, the Attorney General advised that the court i
captioned civil action may have been misled by
information supplied by the Bureau to the Department
suggesting how the Government should respond to
allegations of breakins made in the complaint and
that, relying on that advice, the Department filed
what later appeared to be an erroneous answer to
the complaint. The Attorney General requested that
we advise him promptly on two points: ! how did
this occur: and, ! what procedures are being imple-
mented to insure that it will not recur. -The Attorney
General also wanted to know whether any statements
made by Departmental personnel including Bureau
personnel! need to be retracted and/or clarified.
CONTINUED - OVER!
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C. :0
te Mr. J. B. Adam
Re:_ Socialist Work
The Attorney G
Civil Action N|
I¢ n
s
ers Party, et al., v.
eneral, et al.
o. 73 CIV 3160
By memorandum dated-May 13, 1976, copy
attached, the Direc
to the Attorney Gen
response to the Att
the Director stated
"In respo
this occur, our FBItor furnished pertinent information
eral concerning this matter. In
orney General's specific questions
: I ,'
nse to your first concern, how did
Headquarters personnel did not
direct an inquiry to FBI field offices concerning so-
called general alle
if they had, howeve
our New York Office
regular filing syst
inquiry concerning
it is-entirely poss
responded with nega
the question of wha
to insure that this
will re-emphasize t
that all investigat
including all 'brea
Office, must be ind
of the office. Thi
mation in investigagations in this complaint. Even
r, the break-in documents in
were not integrated into the
em in the office and, if an
general allegations had been made,
ible that New York would have
tive information. Thus, concerning
t procedures are being implemented
type problem will not recur, we
o all offices our current regulations
ive documents maintained by them,
kin' documents in our New York
exed into the central filing system
s-will mean that pertinent infor-
tive documents maintained in all
FBI field offices will be readily retrievable, and
this action should
problem.
"Concerni
statements of Depar
retracted and/or cl
statements and will
The Note
5/13/76, specified
be prepared making
above.prevent any recurrence of this
ng your request to know whether any
tmental personnel need to be
arified, we are reviewing such
advise you promptly. _
to the Director's memorandum dated
that a separate memorandum would
the recommendations set forthw"'. .
:TH$; "7;;:unm- ,q ~_._._ _ ........_._.-.,..,,.....,-,------_,qr """"
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The Attorney ¢cncra1
Director, FBI
S0cInLIsr wonanns PARTY,
ATTDREQY caaaaat, at al. s.n.a.Y.! '
crvrr ACTIOH 73 crv 3160at 8.1. 1 V.
U-pP92L~9292 --.3¢-A-on- v--b-»--, F
- Mr. J. B. Adams
- Mr. Bassett
+_Mr. Leavitt
Hay 13, 1976
Mr. Decker
- Mr. Mintz
- Mi T. Dudnei
- Mr. McMahon
Legal Research
- Mr. Stassinos
I- .U:
By memorandum dated April 23, 1976, you advisen
that the court in captioned civil action may have been mis-
led by information sunnliad by the Bureau to tho Pcvartment
suggoctinq how we should respond to allocations of breakins
made in the comulaint and that, relying on that advice, the
Department filed what later aopeare to he an erroneous
answer to the conolaint. You also indicated you were even
ore troubled to find that the attorneys handling this civilJction worn not officially advised of tho errorJhrcc years after the oomolaint was filed. You
hat we aviso ycu*promotly on two points: how
ccur and what procouron are being implementedfor alrost
than reouested
did this
to insure that
t will not rccur. You also wanted to know whether any
.tatenents made by Departmental personnel need to be retracted
ad/or clarifiad¢
' "'1
By way of background. plaintiffs filed the complaint
in l"!{929i1 _;|r-Q-inn r1lI1"'Ih 'r .Th192.fi C71. '7!-ya; Rnr-n1-yg1_-;u-92-|- nnnbninn. - _-.-- .----" _..- , - -,, -,... _h= u,,_,, , hu ,q, ,_____J;nmo¥0us allocations of cwecific wronqloinq, including
ourgiary, electronic surveillance, and mail ogoninqs. For
example, oaraqraohs E8 - 70 allege that "[o}n or about 52d-73,
uniGontificd persons broke into the apartment of plaintiff
ii
.-0l'!'f.!I-222élivor in Brookivn, raw York, - . . [and that] foln
information and belief, the persons wno . Q . participated in
the burqlaries . . . were agents of the F.B.I., . . . . _
The ¢br:laint,also contains qrnvral allegations. Paragraph 33.__ = ~r
!eteoifiea:t urinq or about the
_th;rcaftor,-the dcfonant Putlic
syotc- tic camoaign . . .year 1943 and continuously
Officera_. . . agreed . . .
S. Covarnment to engage in a
harassment aqainst SUP [and YSAI
n coy upon then by moans of warraotleas electronic
surveillance, unauthorized opening and monitoring of mall, _
U TY 'r bur lalune Du
SIZE
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The Attorney General
" snnaaqipt to the receipt of the comclcint, -»:*fff'
our Hcadcuartern Ltnff prenared and sent a communication ~n=-
dated August 9, 1973, to ten FBI field offices, It
specified:. -»
Recipient offices cover locations
acts of terrorism, hurclaries, or harassment
and Young Socialist Alliance YER! allegedly
ing to complaint furnished you in referenced
After careful review of the complaint and of appropriate files,
each office furnish Headquarters all available pertinent
information concerning coccific allegations relating to your
division. This information should be furnished by.airte1 to
Headqua:terc, with cony to Pew York, as soon as posoiblc,
You should be meticulous in your review in this regard,
bearing in mind that at some future date, affidavits may be
required concerning those matters.where specific
against SWP
occurred accord-
communication.
The last paragraph of this communication opecified:
Concerning allegations made in the complaint regard-
ing wirctapoing and general allegations rcqardinq conmssion
of illegal acts bv éofenant puLliC officers and their agents,
a separate communication will he sent at a later into to all
offices for information with which to answer these allegations.
Our new York office responded with a cowmunication
dated August 10, 1973. "[T}he only specific act occurrinq
in the New York division is referred to in paraoraohs 68 - 70
'concerninq the breaking and entering of the aoartmont of
Norman Oliver . . . . The New York Office has no information
regarding this matter."
Allegations concerning other specific break-ins
in the complaint, not none of the ficlo offices
furnished any positive information regarding these alleged
breakina. _were nade
FBI personnel did not prepare a subsequent
communication to obtain information concerning general
allegations. In 1973, this matter was handled i oLegal Counsel Division by Special !92gon
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_ On Ha 3 1976 Special hqen"1'@5@nt11' 3551'-311¢<3 Y I I
to our Omaha Office, advised he Goes not recall why a sub-
sequent communication was not sent to field offices asking
for information concerning qcneral allegations. He stated
however, that because the field offices failed to furnish_
inforration concerning soecifiq,allegationo, it was prohably
' _ assumed that they would he unable to furnish information
concerning qoncral allegations. Special F1r;ent
added that when the FBI recommened to the epartnont that
the general allegations in paragraph 33 he Genied he ha no
knowledge that_thc FBI had conducted break~ins against av?
or YEA. If he had, he certainly would have furnished thisinfiiiiiion to the weoartwent. To the best of Special hqent
. 1,.-__ _ _ ' Prowlee,~, Qoecial lcent nch Fallct, now
deceased, the supervisory Agent in the Intelligence
Division who handled this civil
action during 1973, had no
knowledge the FBI conducte breakins against SUP or YEA.
On April 13, 1975, this matter was discussed with
Steven J. Glassnan, Assistant U. S. AttornoYr Southern District
of New Yor?, who handled this civil action for the Government
Office. ssistant W. S. Attorney Glassnan advised that
during January, 1974, when he prepared the Covernnent's
answer, he was unaware of the fact that the F51 had conducted
'break~ins against plaintiffs. to the host of his recollection
he was first informed sometime subsequent to January,'l974,
{exactly when, he does not recall! by TRI Feadqcarters
personnel that there probably had been FBI break-ins against
SUP but that no records existed concerninq such break-ins.
Ho request was made by Hr. Glassman, however, to officially
advise the H. S. Attorney, Southern District of wow York, _
or the Dcoartment of this information. Tus, while the
existence of these breakins was not officially drawn to
Mr. Classnan's attention in writing, this knowledge was
within his cognizance. Hr. Glassman added that in his -
opinion the Covernrents denial of allegations in the complaint
concerning burclaries" was proper, for the illeqality of this
activity was yet to be authoritatively determined.
-uuntil April 3%, 1976, when he resigned from the U. S. Attorney's
W "' ' __ '1'-"l ' Q-#1--_:_' - - - Aw=:-'~_~ L -1511 ~A _- -.---- -___'_. _ :,___
. Ir _ Q
_ The Attorney General
'-------.._o-- __. _ .-.ua-. , ___~-"-III-I92@l_n-i.6d--l'i-9292"-"V"-5I'_"."!'-'_- _ ._-if '-L-F"'I'-'"' ," '1*--I--_'-:1-II-.r-1-~" ,_j'_-::_';1'.';,Q.;.p.n--. .¢&q.-1K@ -:-'
_ §y'letter dated novcnher 5, 1975, Thomas J. ="-.5-7".
Cahill, U. S. Attorney. Southern District of New York,
enclosed for us a list of twenty-nix items which plaintiffs
requested from the FBI in discovery in this civil action.
Documents requested included those pertaining to any
intelligence gathering burglaries" directed against
plaintiffs. Note that in accordance with FBI policy we at
FBI Hoadouartcrs believed that documents conccrninq breakins
inc ' had been destroyed in field offices follow
Bureau Inspectors at each annual field off
i //uring late hucust, 1975, or early Septonh
personnel in the Research Section of our Int
r learned as a result of the General Account
. .1?+**- targots_of brcakins were located in SAC - -.12-r-,'F92" 7&5!<r»- New York Office. Personnel in the Rcsearc3%?; requests of the Department: Civil ights
-1.. SW? civil action for information concernin
~I_-';;.-ti --.4.92.,..-4-,. l-_......-.1 .-...-4.-.-. I1 :".~92..-,-.nnn-.-|- n 4-I-.-_.. rm -.1 92j &L..ll92..'-1--Ll.192_j n-JLAJ-92rJ-1.31.. J.-_-.3. ..-1.-m--:r_-n_eu~'.u=. I-u n-1-u, .y -It-_¢__ - ._._=_q_j.- -;aw: hr. Cah1l1's letter dated Iovenhcr 5, 1975
'.; 5.-jg¢%L Internal Security - 2 Section of our Intel-.1 n
.~,-F§ quiry of our New York Office that informat
iwj FBI break-ins were unaware that rccuests hic
erreview by
e inspection.92l92'HI' 92..____-____
' 1.713, l1U92VEVF1I|
elliccnce Division
ing Office's in-O
F0h
Di
arl
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Ti
li
' ' assigned to work on,the aw? civil action mad
inquiries at FRI Headquarters to determine i
III. had been developed concerning FBI break-ins.
" ' '13We Section advised nersonncl workinc on the SUPug-.:_-'
work on the SE? civil action theorized that§.: tion relating to break-ins might be located
~ Office and felt that this possibility shouldion concerning eight
ldcrs in the
Section handlinq
vision concerning
been nade in the
intelligence
ccipt of
personnel in the
oence Division
c general
f any information_
Our Research
civil action of
the results of inquiries at our new York Office concerning
-eight specific tarcets of breakins. Person nel assigned to
additional informa-
in our ew York
be explored.
Because of the above and because of plaintiffs
7;
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The Attorney General
in and nicronhcne installation directed nwainst the resiencew~-+3"" Les 1-J:qef_=1.-'fa1.1iahed docmmsntn concersizs a.-brea"~'--' --;
of p1aintif on April 3f!,'l96n. Brew Haven
- no n - cal entry directed furnished documents concern ., a hhfl
against the residence of an EN? organizer on Harch 10, 1960.
By letter dated March 22, 1975, documents furnished
by new York, How Haven, and Los nngeles concerning break-ins
directed aqainnt plaintiffs were nae available to the U. S.
Attorney, Southern District of Yew York. .
n In response to your-first concern, how did
this occur, our FBI Headquarters personnel did not direct an
inquiry to FBI field offices concerning socalle general al-
legations in this complaint. Even if they had, however, the
breakin" documents in our New York Office were not integrated
into the regular filing system in the office an, if an inquiry
concerninq general allegations had been made, it is entirely
possible that Yew York would have responded with neqative
information. Thus, concerning the question of what procedures
are being inolenented to insure that this type problem will
not recur, we will re-emnhasiee to all offices our current
regulations that all investigative documents maintained by
then, including all-"hreak~in documents in our.Yow York
Office, must be indexed into the central filing system of
the office. This will mean that pertinent information in
investigative documents maintained in all FBI field offices
will be readily retriovable, and this action should prevent
any recurrence of this problem.
Concerning your request to know whether any
statements of Departmental personnel need to be retracted
and/or clarified, we are reviewing such statements and will
advise you promptly.
1 - The Deputy Attorney General
11
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I
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The Attorney General.
Re: socialist workers Party, at al. v. I .
__ _ p The Attorney General, et al.:;"""* _ SIDINO I 0 I I. "I Ii-If;-".:_-"& i'!V|';" L
NQTE: Coordinated with Intelligence, Records Management, and
Inspection Divisions. A separate memorandum is being preparedrecommending that the Intelligence Di ' ' 'A V1SlOn review all Depart-
mental statements including those by FBI personnel concerning
FBI breakins to determine whether any public or executive
session! statements need to be retracted and/or'clarified and
that Records Management Divis' - . ion instruct all SACs to insure
that all investigative documents are indexed into their central
filing system. v
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FEDERAL BIJIIEAII BF INVESTIGATION
FIIIPA DELETED PAGE INFORMATION SI-IEET
L Page s! withheld entirely at this location in the le. One or more of the following statements, where
indicated, explain this deletion.
I:l Deleted under exemption s! . __ with no segregable
material available for release to you.
Cl Information pertained only to a third party with no reference to you or the subject of your request.
l:l Information pertained only to a third party. Your name is listed in the title only.
K $oc&Eent s! ri ' 'n with the follow vernment agency ies!
as/were forwarded to them for direct response to you.
it Page s! referred for consultation to the following government agency ies!; i,..____i______
__ ,,,_ as the information originated with them. You will
be advised of availability upon return of the material to the FBI.
i_____ Page s! withheld for the following reason s!:
1:] For your information: _ _
X 2Dollowin? be je for reference regarding these pages:
iocxxxxxxxxxxxxxxxx;
DELETED PAGE S! .
NO DUPLICATION FEE 5
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AT THE TIME
TIME OF THEI
CRARDUHS HERE
I MEHORANBUHS O
BELOI AS OF JUIE
HEEOEAJCURS
MEMORANDUMS:5.
OF THEIR EKTRY INTO THE SAC FOLDERS AND ALSO AT
R BEING FUdHISHEO TO THE USDJ ATTORNEYS, THE ABOVE
HOT CLASSIFIED. REVIEN AT NEH YORK HAS RESULTED
ME THROUGH FOUETEEN 5EING CLASSIFIED AS DESCRIBED
26, 1976.
NUHBERED OXE THROUGH NINE ABOVE MERE CLASSIFIES
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NUMBER TEN THROUGH FOURTEEN ABOVE WERE CLASSIFIED
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PAGE FOUR NY C O T I A L
THE BUREAU IS THEREFORE REQUESTED TO IMMEDIATELY NOTIFY
USDJ ATTORREYS GARDNER AND HORN OF THE "CONFIDETIAL CLASSI-
FICATION OF MENORANDUNS ONE THROUGH FOURTEEN. THE XEROX COPIES
THEY WERE FURNISHED, ALOHG WITH ANY OR ALL COPIES THEY MAY HAVE
REPRODUCED THEMSELVES, MUST ALSO BE MARKED CONFIDENTIAL IN
THE EARNER SET FORTH ABOVE.
IT IS FURTHER NOTED THAT DURING THE COURSE OF THE WEEK
SUBSEEUENT TO THE OEPARTHEHTAL IRQUIRY AT NEH YORK, ASSISTANT
DIRECTOR, IHSFECTION DIVISION, HAROLD N. SASSETT ALONG KITH
JOHN E. OTTO AKD CHARLES E. PRICE, IRSPECTION DIVISION, ALSO
CONDUCTED A REVIE» OF CAPTIOLED MATTER AT NEH YORK. THESE PER-
SONHEL HERE ALSO FURHISHED HITH XEROX COPIES OF THE ABOVE LISTE
NEHORANDUHS AND SHOULD THEREFORE BE ADVISED OF THEIR CURRENT
"CO. "T AL CLASSIFICATIOT FOR APPROPRIATE NARKING. L r"
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{:1 Acknowledge [:1 Upon Can
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:3 Bring Iila [: Prapara ticilar
1:] Call an [:1 Return auignrnant card
[:| Carract [:1 Return lila
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IT Return with explanation or natatian as ta action tahn. Q.l'jl~'I-
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AIRTEL
_.--.-___.-.--_.-_--_.___-_-------_-___._-Q-__...---__.-._----.___
DIRECTOR, FBI 6-3159'!'
FROM: ACTING SAC, DETROIT 6-4910!
92 ' r 1
EHHE "D -. . -
asunnemrwrous em-ares ii
Re Detroit teletype to Bureau, 5/18/76 and Detroit
airtel to Bureau, 8/13/'73, captioned, ".-Eioeiaiist Workers
PBI'tY¢ IS"-
Enclosed for the Bureau are eight copies of an L1-114,
ated and captioned as above. ' _
Enclosed LHM prepared in response to request by
Departmental Attorney WILLIAM L. GARDNER as set out in_re-ferenced teletype. . '
- Contact wit »
- aynestate University, Detroit, Michigan, in
e ort to verify and expand information previously furnish-
regarding a B&E Of the residence of CHARLES EOLDUC, 4225
, Detroit, on or about 2/22/'73, was negative.
dvised he searched his records for this informa-
on as e out in L and was unable to locate an information 5 HM y
h t t i i thi . Ii at soever per a s B&E2 I Burea;1t_ Bnc.--8! RM!»
_~ ,, _ .i__.__.. ._,.: _____ ..__ +--- A-4 - . ,_- _r'- -- - '* _i --t.1I , '
-__-an-,_ -, i -.7. R w4:92""' O-*5 1-:1 #16 _ gm} =75 UNITED STATES DEPARTMENT OF JUSTICEXg§§§é§? FEDERAl.BUREAU OFINYESTIGATION
In Reply, Please Rafa In _ _
menu Detroit, Michigan4/ / //1/"ml
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Uwwrwv" .. .Re; Surreptitious Entries
Reference is made to memorandum, dated April 21,
1976, from J. Stanley Pottinger, Assistant Attorney General,
Civil Rights Division, captioned "Surreptitious Entries".
William L. Gardner, Departmental Attorney, United
States Department of Justice re e on Ma l7 1976, theresidences and offices o harles
Bolduc, Deborah Deegan, The Socia 15 or ers Party SWP!
See Appendix!, and the Young Socialist Alliance YSA! See
Appendix!, be searched through the records of the Detroit,
Michigan Police Department for any information regarding
possible "Breaking and Enterings" B 8 Es! for the period
1970 - 1973, inclusive.
Specifically Gardner requested a review of Detroit
Police Department files regarding a "B 8 E" of SWP Headquarters,
3737 Woodward, Detroit, Michigan, October 30, 1971; an alleged
"B E B" of the residence of Charles Bolduc, H225 Commonwealth,
Detroit, on or about February 1, 1972, February 22, 1972,
February l, 1973, and February 22, 1973.
on we 1. lgvhvetroit
Police Department DPDJ provided the results of their record
search regardin "B 8 Es" of the SWP/Y A s Edward Bolduc,Deborah »eega or the periodof 1970 - 1973, inc usive.
The results
. .1
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Re: surreptitious Entires
we t-Jayne State Univers ty, Detroit,
provided the results of his record search regarding charles
Bolduc, 4225 Commonwealth, Detroit, for February 1, 1972u 72, February 1, 1973, February 22, 1973
stated he could not find any report of a B&E
at the 4225 Commonwealth address on those dates.
..2_
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APPENDIX
So_'alist_Horkers Party SWPL9% ,._,,. or _
The SWP is a revolutionary, Trotskyist-communist
organization, which is headquartered in New York City. Its
purpose, as stated in its Declaration of Principles, is the
overthrow of the U.S. Government and the institution of a dic-
tatorship of the working class and the eventual achievement of
a communist society. It was founded in 1938 and maintains close
association with international Trotskyist organizations as a
sympathizing" group, but it denies formal membership in any
foreign group to escape application of the Voorhis Act, which
regulates certain types of organizations subject to foreign
control. While the SWP does not openly advocate the use of
violence at the present time to overthrow the U.S. Government,
it believes that eventual violent revolution in the U-S is
inevitable. Its objection to the current use of violence is
based on the ground that it believes violence is premature at
this time. The SWP seeks to precipitate a revolution when
conditions are ripe and to seize control of the revolution and
to direct it when it occurs.
.-=.; 0.1A.»av-p
APPENDIX
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Ygugg_Soci§1ist &1liance,§YSAL
The YSA is the youth group of the Socialist Works
Party SWP!. It was formed in October, 1957, and is curren
headquartered in New York City. It propagendizes the belie
of the SW? among the youth and is the main source of recrui
meat into the SWP. The SW? is a revolutionary, Trotskyist=
communist organization which has as its purpose the overthn
of the U.S. Government and the institution of a dictatorshi
of the working class and the eventual achievement of a comm
society.
1
AP?ENIX
A..___ __ __A; _ .. 7, _ 1;, W" 7- _ - A __ __,_» _-§,__,,4 __ A ?f_ .___ _ _______ _ _
I e
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av
-iii ~ Civil Iighta Ddviaion
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Route thru
Ir. BaaeettAeaiatant Attorney General
/']/M0"<53O 1 -°1"°*°1'- "1 Q94 -, , ' 1 - n-. I-eavitt
- ,. I 1 - Ir. Caaeidy ittnREC 5 W 1 - Ir. Bhackeliord
ahon BURIIPTITIOUB INTI!!! 1 _@350 1 D-
QJV leierenoe is aade to your eeaoraadna dated§92' am-11 21, 1926, captioned urreptitioue Intriee," Ihichrequested that certain aaterial and tiles he aade available
tor review and which requested certain other inzloraatioa he
obtained.
Category B or thie aeorandun conoerne the
Socialist Iorkors Party SIP!, ite aeabera, candidatee an
oioiala, Question 9, Category B, requeted that iilee
the Detroit, Iichigan, Police Department he reviewed tor -
police reports dealing with alleged burglaries or breaks ___
at any SIP Otiice in Iichigan and at any residence oi IIP
aenbera or ayapathizere in Iiohigan during the period - "'
1970-1973, inclgeive. - .- -.
'92.r' J
an you are avare, Ir. Iilliaa L. Gardner oi the -_;_;_
Civil Rights Division arrived in Detroit on lay 17, 1976. _
He personally revieved tilee at the Detroit I'D! Oiiice - ._,'_i...,_:_- I
concerning allegationa eurrounding eurreptitioue entriea _ , =against the SIP and its eeabera. Ihile in Detroit, , _el
Ir. Gardner more specifically atated which iiiee oi the * I - 13 Qf Detroit Police Department he deaired to be revieved
5»-IF
1
2regarding allegatione or eurreptitioua entries. Attached
are tvcwcopiea oi an LB prepared at Detroit dated
June 30, i976, in reaponee to hie reqpelt.
Ii you eieh additional investigation to he
conducted concerning this latter, please advile thenature and scope oi iinveeggation you desire.»92aae¢.D||._____ -I ' fr 5 I I ' I
=>---w M---Incloeuree --/,8 -~ ,,1 .'" - he-,-V, * ~~ Q/ mm!" srr rm: PA I_TIO - _,;:=.:.=;. /4 ,~a :::::::.';-;_- ,,?,- ~ D 2 M .1, IEilelil Cele. _ 92 I; .-- . ' I 1- '
en. nv._____ -_, ;' _ _- _ _ - 1 h1iI".I..T.'.i': P 92 -* "1 " L ~ D " "FF I ~ C A M
|m.r|.i_ ___--¢~ ' "D ' _ {H : ,rLahore! v ' * 5 -" ' ""Y ~ ;- ..
P|UII- I- Evil. _ ' ,__,,_' I ___Sale. lnv. __ T? - -_-q-$1, .-, --».. .. u_ - "_'T }""" Ti,-.-1TrQiningi.._... __ 4 l I be ' ' I » o - - " .'. , -I. r" 3' 5; F92>a
x
_ ___ ~ ~ 92 I2 _. ___92|;q=| c¢»l._.___ 92 :- I-"23:. I16: TELETYPE umr [I1 it GPO em
__H: above aatter and in particular, tacts surroundin
ggg roit Oitice obtained a letter written b
,-.§-a$'Z-éf;':J IrF. ., 1-1.
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Assistant Attorney General
Civil Rights Division _ -
I ,..-*1 IOTI; s ' - . " . er, ' ¢§P.
By memorandum dated 4/21/76 captioned " ' e
"Surreptitious Intries" copy attached!, J. Stan1sy.Pottin|sQ'
Assistant attorney General, Civil lights Division, requested 92
eerteie iilee be eade available eeien eeneereed ellegetieee
of surreptitious entries. Category B oi this memorandum
concerns the SIP, its members, candidates and oiticials.
question 9, Category B, requested the Bureau to conduct a
broad review or records or the Detroit,Iichigan,Polioe' '
Departmnt tor reported burglaries or break-ins at SIP
Oiiices in lichigan and any residence oi any members or
synpathizers of SIP in Iichigan tor the period 1970-1978.
_ - By airtel dated 5/4/73, the Detroit Oiiioe was ]
instructed to ascertain requested information. '
On 5/17/76, Departmental Attorney Iilliam L. Gander
personally reviewed tiles at Detroit Odrice concerning
dated 3/29/71 See B. L. Shatkeltord memor um o
= I. Leavitt, dated 7/2/76, captioned "surreptitious
Entries"!. Ihile in Detroit, Ir. Gardner*Iimitedt¢d;the_
eunber oi tiles e! the Detroit Peliee Qeperteent to be
reviewed to include the SIP, its youth group, the Young
Socialist Alliance, and several known members oitthese
organizations. rile reviess or the Detroit Police Department
as sell as Iayne State University, were checked with
negative results. Detroit LEI dated 6/30/76, setting
forth results oi check, being furnished in response to
request. In addition, Department being advised that it
any additional investigation desired to advise nature
and scope or such request. - .
- 92 . . _
' APPROVED: Affalrs_,_._... um-mod .
N ; |31|-__ _,___ Fla. 8- Pers.._.._ L¢8I| 90""-. DQPJAD A3; ______ __ Gem 1;,v,____,______;' Plan. a Eval.AD "1? 92__ L___________ RE¬- MAsst. Din: lnspecli I'L92_ 5P.l¢- '5'---*-'-
Adm. Serv-........._ IIIW T"""-""-"-""'.. D ;:<1'/1*! r
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oI1|on.na|; no 92u l0I0l064-1-|§~In: lemonBIA GIN IIG NO I1
UNITED STA YES G ERNMENT
! Memorandum
Mr T W Leavitt* Mic.! -W
raou R L Shackelford ,,
" "l92
sumEcT SURREPTITIOUS ENTRIES
PURPOSE
To urnish to the Ass
Rights Division, attached letter
whi h ts of inquir
SWP , which appears in Detroit Security of Government Employees
SGE! report dated 4/18/73 SWP alleged letter was obtained
from either mail intercept or "black bag" Job.
zH1
3- Ill.
Mr.
Route
DATE:
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DIriUJ4
V-92_. "lIT I5 I81?-P 92T T F -1- R- - ~;-tr:?1'l I-I?1.2919 ";-' ' QAd S nu. an 41ll] Dc . an hrW m Ana? bin: "allintz A:1:nPlT';.'thru.for rev ew I»-mm
7/2/76 :?:°'
Bassett m;::
Leavitt h--12cassidy <A~=t-1i;
Shackeliord Lué;Kc ahon :m4¢~pee. lnv. 92
Training _
I / nu-pa-.. n
Dinner Sac
tant Attorney General, Civil
along with its enclosures
ies concerning letter written
he Socialist Workers Part
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/we 64/ es, a 1/=1!, a//my
Memorandum to Mr. T. W. Leavitt
Re: Surreptitious Entries
RECOMMENDATIONS
1! If approved, that attached letter and its
enclosures be sent to Assistant Attorney General, Civil1. i
; 3
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Rights Division.
2! Si A 1 t t U it d St t Att y A nce ss s an n e a es orne
ndl Brandt, Southern District of New York, who is ha
SWP civil suit has also made inquiry concerning
. 5 L II Q In I U b .im letter, copies or LHM will be tarnished to
separate cover.APPROVEDI QC E.AaHs"m__Assam Dir-_.._/.12.. Fin. 5. Pers ______ ___
Dell AD Ad '_.,-...- Gen.
C. Den. AD Inv.}.92~..f_;. Idcnt.ASSL DELI k |5pg _-;:{_j;;-1::-_-_ - 6DETAILS: Adm-Sew ..... ....__ In:-=:|Il..92_2!.§ré.
Reference memorandum R. L. ShaeMr. T. W. Leavitt, 5/l3i76l wiich staiid copy of letterwritten on 3/29/71 by SIP member, Detroit,
appears in SGE report Hated 4715773, concerning her employment
with Departmen rior. SGE report states letter wasobtained from ho was unavailable for recontact or
testimony." Administrative pages of report indicate
source was anonymous strait tile r="eals letter wasplaced in file by s swP ancqlleged
i letter was obtained rom e ther ma ntercept or b ackbag
job.
On 5/17/76, Departmental Attorney William L Gardner,
Civil Rights Division, reviewed files at Detroit regarding possible
surreptitious entries against SWP and its members. He reviewed
- 2 - Continued - Over
;92¢.-.;~ H-J
/ _'Laboratory.
Legal Court.
Plan & E , . val
Rec. Mgmt..
Spec. |nv..-.--
Training____________
lford to
.. __,_ ._____;,_ _ _.__ _ -__-,_ inn _,4_ .. ' _.., was _. __ he T__- -- ,_.. _._. __
1'
-JAll /7/J, . //J3 //7//¢
;?a Re: Surreptitious Entries
'*."'7§:Z"~-'
.a.:;
L- M.. .5. ...=revealed that original copy maintained
in Detroit file 190-308338-1!
and it was placed there byreviewed than 1e
file contains no reference
In res onse topertinent files at Detroit tuation,
including her main 100 file review
.- _ tile!
, Mr. Gardner
informant Q!
tter.
i
er being advised of their rights, ecline o execute
Waiver of Rights form and declined to make any comment
regarding this matter. LHMs setting forth results of
interviews being furnished as enclosures to letter to
Assistant eral, Civil visionOn 6/23/76 as shown
Agent personne of the Detroit Offi
that he had no recollection of the 1e
who may have furnished it.p request by Civil Rights Div sion
that the Bureau now advise the Departm nt in writinthe above letter was obtained, SAs¢and
aft
gr"!
<11ised Q"no idea" J
AUSA William Brandt, Southern District of New York,
who is handlin~ the SW? civil suit,has also made inquiryconcerning thbletter. On 6/23/76, in response to
request from AUSA Brandt and in order to maintain source's
confidentiality, source telephonically contacted AUSA Brandtin New York from Detroit. Agent personnel we Q!
with source at the time of telephonic contact
advised AUSA Brandt of the fact that he has no recollection
of the letter and had "no idea" who may have furnished it.
Qggies oi LHMS regarding interviews of SAS-
and_being furnished to AUSA Brandt under separate
COVE!-
_ 3 _
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UNITED snares or ' .¢NMENT - -dams
H. N. Bassett ,.1 I 92_l-it-Al-II ? Y92E:I,U! fl! -lid-llhll- T. W. Leavitt E%i:
- R0 Ln E. ||-5,-,
I'i||.lPoI:
Gen. lnv._Ali . mt -
I MI. T. W. Leavi DATE:
= 1 F. J. Cassid
JUNEHint. _i
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/ Ice. I'M.v92 Spec. ll". _f I, fl $41 Trulllillj __
M.SUBJECT? %URREPTI'IIOUS ENTRI ES
Tcluduno I
Q92t 15' Reference memorandum F. J. Cassidy to Mr. T. W. ° "'
Beavitt, 6/22/76, captioned Surreptitious Entries, copy
attached!.
PURPOSE:
To advise of results of a survey by Intelligence
Division INTD!, External Affairs Division, and Office of
Congressional Affairs, Legal counsel Division, for any state-
ments made by the Director or other FBI personnel concerning
surreptitious entries which may at this time require retraction
and/or clarification: for approval to send attached letter
to the Department. ._SYNOPSIS: gig -// ,7/ééIn a memorandum of 4/29/76, the A torney General
AG! advised that the court and plaintiffs in the Socialist
Workers Party SWP! suit may have been misled by information
supplied by the Bureau with respect to allegations of break-
ins. In addition, AG's memorandum indicated the Bureau -,should review material relating to any statements concerning -§E'_'entries by Departmental and Bureau personnel which may now 1
z-require clarification and/or retraction. Legal Counsel, §§§Division memorandum of 5/28/76 recommended that INTD determine
=w1whether or not such statements needed to be clarified or
Sggretracted. On 6/21/76, Douglas Marvin, Special,Assistant
to the AG, advised he would handle the response to the AG's i
request. Results of a review of material avaélable to the
: Office of Congressional Affairs, Legal ounsel Div s on,.. and IS 2 Section, INTD, indicates no neeE@qg
or clarification of statements before congres o '5 ti sabout entries in general, orgibbut the SWP matter. Reviewof material furnished Depart ent's Civil Rights Division-777-
.. by IS3 Section, INTD, shows no material which had not beenaromptly clarified or corrected, where necessary, bynsuhneqzgi
emoranda. External Affairs Division furnished documents
relating to public speeches or news conferences of hhezlithl
A 7/14/?5 news conference contains comments of Director i
to effect that he knew of no entries in the domestic area '
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Memorandum to Mr. Leavitt
Re: Surreptitious Entries
66*8l6O.1: '
Analysis of material concerning entries, which were known
at the time of the irectors comments, fails to show any
need for retraction or clarification at the present time
in view of recent statements to the press and to the Department.
Entry information located in midMarch, 1976, not furnished
to Senate and House Select Committees inasmuch as ! the
House Committee's inquiry had ended and, ! the Senate
Committee's report on surreptitious entries was in preparation,
and a Departmental investigation of entries which occurred
within the Statute of Limitations had been initiated.
Enclosed letter to the
of this survey, and confirms Mr.
6/21/76 relative to his handling
RECOMMENDATION:Department outlines resul
Marvin's conversation on
of Department's response.ts
That attached letter be furnished to the AG. a7* ff/4&6/C HPV/>519 £7 I»MK-P ev- "°"ZZl7Z§I * M 6 1 if/;s aw ' ';e
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DETAIL§l/
mu .+;;@.f.;=.'g.i.'_';.'jIliI 4, 'lvvl ' *'l
In a memorandum of 4/29/76, the AG indicated that %
as a result of certain information coming to his
it appeared that the plaintiffs and the court in
civil action may have
the Department by thetn"/"= "
attention,
the SWP's
been misled by information supplied
Bureau. This information concerned
our suggestions as to the Department's response to the suit
relating to allegations by the SW? of break-ins performed
by the Bureau.
In a memorandum of 5/28/76, Legal Counsel Division
recommended that INTD review all Departmental statements,
including those by Bureau officials, concerning break-ins
to determine whether any such statements referred to in
the AGs memorandum needed to be retracted and/or clarified.
On 6/21/76, Douglas Marvin, Special Assistant
to the AG, advised he would handle the Departmental response
to the AG's request.
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CONTINUED OVER
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Memorandum to Mr. Leavitt
Rn: Q|1rrr=~ni-if-'inm: Ffni-rips:en. -1-.--s-I7----"__ --.---_
65-8160
Attached is material received from Office of Con-
gressional Affairs, Legal Counsel Division, External Affairs
Division, and IS2 Section, INTD, relating to the subject
of the AG's 4/29/76 request. A review of this material
indicates no need for retraction or clarification of state~
ments before congressional committees about entries in general,
or about the SWP matter.
Review of material furnished the Department's
Civil Rights Division by IS-3 Section, INTD, shows no material
which had not been promptly clarified or corrected, where
necessary, by subsequent memoranda to that Division.
With respect to the Director's comments in a 7/14/75
news conference, that there were no entries against domestic
targets subsequent to 1966, an analysis of material available
to INTD shows that at the time of the Director's responses
INTD was not in possession of information suggesting entries
did occur after 1966. The Director's comments were based
on then current information - information based on recol-
lections of INTD personnel-and the July, 1966, Sullivan
to DeLoach memorandum regarding black bag jobs. Subsequent
to the Director's conference statements, our inquiries of
field offices surfaced information indicating entries did
occur after Mr. Hoover's instructions. The Civil Rights
Division has been kept fully apprised, and it is believed
there is no need to retract or clarify statements at this
time.
In view of recent statements to the press clarifying
certain information furnished to them earlier, it is believed
there is no need at this time to further clarify remarks
made by Bureau officials.
Entry information located by us in mid-March,
, was not furnished to Senate and House Select Committees
inasmuch as ! the House Committee's inquiry had ended,
and ! the Senate Committee's report on entries was in
preparation. Further, since certain of the newly discovered
entries were within the Statute of Limitations, the Department
initiated an investigation and it did not appear appropriate
to disseminate such information at that time to the Senate
Committee. .
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FROM
sus_|s<:'r=grnguq, any sq. IO BIO-Ill 6 em nu -munon sen. no. us. :1 e "
UNITED STATES GOVERNMENT
Memorandum
Mr. Leavitt ]ljf=!};§Q_§1§iQ5ni}N cg-11-MLegal Counsel IE W us;s i MTP-sew BY.am-1.11-E
SURREPTITIOUS ENTIRES _ JUNE! ' " i ""§'_;;:
Tobncn
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PURPOSE:
The purpose of this memorandum is to advise of review
of testimony made by Bureau officials concerning surreptitious enig
by Agents of the FBI.
SYMJPSIS:
RECOMMENDATIONS "
The Intelligence Dgvision should insure that documents U MQ ss -= 92-
furnished to the Senate Select Committee/regarding surreptitious entiis
are not in conflict with recently developed information on the number
of surreptitious entires conducted by field Agents.
Enclosures
- Mr. Adams enclosures!
- Mr. Bassett enclosures! -Mr. Leavitt enclosures!
Mr. Shackelford enclosures!
- Mr. Cassidy enclosures!
- Mr. Moore enclosures! - Mr. Porter enclosi res!3%. @ - Mr/' N311? enclosures!Mr. Mintz enclosures!
Mr. Coulson enclosures!
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DETAILS!
SA Danny 0. Coulson of the Office of Congressional
Affairs, has completed a review of pertinent testimony before Senate
and House Committeéby Bureau officials concerning surreptitious
ent%°? conducted by Special Agents of the Federal Bureau of Investigations.
Statements made by Bureau officials concerning surreptitious entires
directed against the Socialist Workers Party SWP! are not included
in this memorandum.
On Tuesday, November l8, 1975, Assistant to the
Director, James B. Adams, former Assistant Director W. Raymond
Wannall, Section Chief R. L. Shackelford, Special Agents David Ryan
_|Ju.and Hugh Mallett, testified before I Select Committee on Intelligence,
, Fnr5{- 5es5|'on-U. S. House of Representatives, 94th Congress, This testimony dealt
with "FBI domestic intelligence programs. "
Congressman James V_. Stanton Ohio! posed this question
to former Assistant Director Wannall, "Mr. Wamiall, has the FBI ever
participated in burglaries in order to obtain information for their
purposes of investigations f?" Mr. Wannall responded, "I think
Mr. Kelley! at a nevus conference in July, acknowledged that the FBI
had participated in surreptitious entires to obtain information. "
Mr. Wannall was asked by Congressman Stanton, "Could you tell me,
from I945 until the present, how many instances there were ?" 1
Mr. Wannali responded, "We have madervery thorough study and have
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interviewed numerous/who might have been knowlecgeable in that area.
W kt; .5
e figure that-I recalld that we have come up with, a.'nout a dozen and
r.a half targets, ffowever, there had been numerous ent against
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some of those targets. I think we have accounted for something in the
neighborhood of 240 entires, none of which have taken place since
.| .. ' '
April of I968. e . _ ., -i f
The text of this testimony can be found in "U. S. Intelligence
Agencies and Activities; Domestic Intelligence rograms, Hearings
5efore ue Select Committee on Intelligence,1IJ. S. House of Representatives
94th Congress, First Session, Part 3, pa.ge:»l028-1030.
On %1Sepmmmr 25, 1975, Charles Brennan, former
Assistant Director, testified before the Senate Select? Comniittee on
Intelligence Activities. During this testimony, Mr. Brennan was
| flquehied concerning the number of black bag jobs, to which Mr. Brennan
responded, "I would have to say--I would put in in a frame, possibly, of may
30, 40. " This testimony can be found in "Intelligence Activities, Hearings
before the Select Committee to Study Governmental Operations with
Respect to Intelligence Activities of the U. S. Senate, 94th Congress, .
Volume 2, Houston Plan. On pages 112-113 of this report, Chairman -i
. {riff-92-Frank Church Idaho! stated regarding black bag jobs, "Now let me L " S
just give these gures. These are figures that have been supplied to I .-
N
us by the Federal Bureau of Investigation;. . . . at least I4 domestic .
ubversive targets were the subject of at least 238 entires from 1942 r_ -
to April 1968. 1° 3 Q
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In addition, at least three domestic subversive targets were the subject
of numerous entires from October 1952 to June 1966. " _
This same document on page 2'78 reproduces a LHM
entitled, "United States Senate Select Committee to Study Governmental
Operations with Respect to Intelligence A_ctivitie_s by Senate Select-56! rm I-1" 1-'1" " it -
Committee" raised surreptitious entires in domestic targetsmihis M
HHts th procedures outlining a request on the part of a
SAC of a field office to the appropriate Assistant Director at FBIHQ.
This LHM indicates that the SAC maintained a record of approval as
a control} device in his office and thatvthe next yearly field office
_r|92o<* .
inspection, files were destroyed.
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luu iawesugeuona currentiy eemi conducted by the FBI vvlicre adetermination haa been made iivit in the FBI that that individual isa threat to the internal security, e current threat at this present time.It is a VH3 small list, relatively small. It involves approximately 1,2150'1 names at ie present time
Mr. MOCmar. That is the longest time that a name has been -onthat liatl Do you have names that have been on these for 30 or 40
yearsMr. Aiiaiaa. No, air. The adlministrative index did not come iiitoplay until 1971. Prior to that time, ire had! the security index, whichwas a liistin which had a different purpose. 'Mr. I5IcCgiioa92'. Does menibeirship in the ,Socialist Viilorlmrs Partyjust automatically put you on the index! . ;Mr. Annie. No, aiir, it does not.Mr. MOCwa'r. Albout how many membeiis of that paiity would youhave on» the listlMr. .-Annie. I can give you that ure. I would prefer that anydetailedl description of targets and inldividiuala be done in executivesession.
McCwii1'. Have you already furnished that information to them .Mr. Aimin. I do not know that Ire have had a -Mr. McCmar. If not, would you furnish thatl would like to have-tbe number. I dont have to know the names.
Mr. Amara. Yes, eii:,_I have no objection to furnishing it to them.[The Bureaus wily ia included in its November 28, 1975. memoran-diim. and is print on pages 11123-1127 of tihe appendixes] -Mr: McCwiir. You mentioned in your statement that you are notonly interested in subversive activity which implied viollence but also underiiiiiiiii5." That is the ditlference betwieeii the violent overthrowof the Unite States and imdcrzinining the United States? Have yoiu
got two groups that you are interested in I
Mr. A.inms. No, sir, they are both working toward the same endi.It is all inherent in the same idea of activity with the intent or designto overtlirow the Government of the United States or any subdivisionby force and violence» i
Mr. McCi.riai'. Mv time is up. Thank you very much.Cliiiiriniin Piini. hilt. Stanton.
Mr. S-i-aimix. Thank you. Mr. Chairman. -Mr. Waniiiill, has the FBI evger participated in burglaries in ordeirto obtain information for their purposes of investigation? """"" *Mr. ll"aNx.92i.i.. I think Mr. laelley, at a news confereiice in _l]l_l_1'_Lacknou-lcd;_ii-d that the FBI had participated in surreptitious entriesto ohlu in informnt-ioii. "'"
' M r. Srnsrox. 92Vene they illegal activities!
Mr. lVaa'xau.. Imi not in a position to render an opiiiioiri. The wholethiiig. as ii matter of fact, is unde.r study by the Department of Justice»at t llS thine.
.92Ir._S'i-axmx. Could you tell me, from 194.5 until the pueseiit., how
many instances there wei-el,._ Mr. 9292 .92.w'iw92i.i.. We have made a very thorough etudly and haveintervii-ivcd numeroiis individuals who might have been knowledge-i
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i. . i92'l'r. I Iiriu iu_921_§__'_l;92"!_""1!""" --l"3l'i»'92 "ml 'm'" mrg "5' J "2 '1" '1'" e - 592l'|l.IllIItl- for 1, Minnelli a I _ _ _ f than tum-e"|_ _-I'i1T|"E.9292B iave nu' --iiiist seine 0""" "i ' '"ia his no bboi-hoodo£ can entries, =i<=192'~'~°i i*'*'= ' "r,, -1 Ill ' _ - ' -3. il il | B l _ _YT~'i:-~" 1:1 minsigiiiiiiiiiiiisi iaisi .r '"' §lr- "" mm," In our slmestitt area. ' ' .
D0 you know what illegal Ont?! 15 _92"92d,.i1' um hm,
-92i;}1'°Q92?,f§§,i:fi think ll understand what in illegal ear; is: so;_ r.
I mill §1a92"i'o:v D0 am 0! hem t thnhqénitionaL -. _- . i t t commit n crimeM13 w*1 ." I thmid 'th?lii :£idn"i1li:1,:,2lllI:l'i:81lll.hl 1rereiiiaide---Iiitiinékagitilgo gdiilkiioiipxhat br-calling mi ""'°'i 3 is nder the5thi,'i,.wA.;i hliarylaiiil or Ohio! '
air §¥ANNALLI¥9e§,:lllril|lV¢ to have the intent to commit a crime to L r. 'r.92:92"|r*0N. ' -
b k and enter! , J ml min.rash WARN-Au__ 1 vi-ould lg J'°r:"Il1gl:ably do not ve ve .
mitito g1,'nl1ilI'i":::h:?I92=iridlIi-iieigldihzlli important element. In otlher Lijlli If "'- " - - - ld but it veil are M mi! '"you liiid the noblest intent. iii the in-or , _ . Ed geiiiiqriexget *5 ,," i il5§iiiiiil'iZl',ii§§.i9ii;ii.ii'iiiéiiii . M» Coniwfiiy-.- "' * "92" " - - I denition. I woii i. i e 0...Mr_ S1-,92y'm».~i. I ivould like to haie your I _ k f breaking andknow what a Pmlmmm, lpgismi in tlie 1'BI t iin s o
eiitoriiig. . hem am no ch ci|~¢|||'|'_|,5fal92 '¢8Mr. W.92ii.92'..92i.i.. I can assure you
mil? *-yr 92 That is net the question. The quest ion ia,do you under- ; . L i92'§Tn'¢'- I . -stand what breaking and eiiteriilg 18? -. ' ~ -. Yo . - kHas this FBI illegally entered premises to see]
irIf01m'|"°" . I reniiees without the iii!"- "Mn vA_92.N_M_L_ '1]|s I{_l"!lI ha_B eiiteiiu P f aeld : i|nfomm_$dg0.0f thB.ewne'r8 oi tlil lP ""9 5 hi um P rP°°° ° d
iii;__i"cs sin .. ' ki an enter-_!!192{i-. Sl:JtN'l0l . In other ll'l;lg?, léitelyt :2: §92tll11|its!6£i;I'92;' '3'. t mm . iimll[nmi92;mhtmi.i§iiiht;1ihwl¬am riot-' coins to ~"*1*"' '"' °Pi °"' T" "_ 1'- "W-* ' - r t tl iis time. _In B 2-nniigiiii %QT?92iI!!:ii,duitl'i::n[iBi? ¬l92I»";T92'lE i? ilii briniking and Qlliefélltfllii r.-rs. _ . .- - .- 1} veo ieI hlr. 92Yg:lN.i92I_.:.. IAtcl;i:iflc1li,ii_!iéi!icti:llIy had to do uiilli ie pawl» Imeriia >ciii_i'i t,V . '. ' t to p-lace itself in a posi- engress directed the Jiistice D0?!-1'tmi H 1 I t mdi.lion. iii the cretit Olin put7ii5Iii?]l iB;1;!':'i::¢g'&;1';§."km 0 t '9 5 we S
"*i."*:.*;.1:1?:::i::;<'% ;u.. tlgln°c:'92Yth5 8 in on em F1 *0l|l92'lll92' and cuter [I gYiV8|i_l"l§i
.92l -. l92'. i.i.. 0 sir. _ _ ., . - ' -.92li-. Tlieii tluit is not ]l.925i.ilCl.ll0I'l for those illgd int Hes
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Jair. l'§'l.92N'lUN. So the fact of the matter is that the FBI cannot usetlltal-utt a basis for illeliy bieaiiiiig and entering an iaimbiteii
we lll. _ » , -~I l92'.92xi~ii92u.. I know of no law which .92l'0ltltI 1lBIIl'lll-I110 FBI toin nit. - '
Mr. Then the Flt! has L-ceii involved in illegal aet.ivities'i
Mr. 9292'iixaii92i.i.. 'Iiu;FllI has been involved in bireakin and tilell-i-ti .. _ .. t1 '3 Iti92Ir. -S'r.92a'mx. Did they ever seek the Attorney Gencral's pcrinissioii,- prior to 197:2, for breaking and entering? _Mr. l92'.92sii.92i..i. Not to my knowledge. - - _
Mr. -_5"I.92.92"I1.IN. 92_92'ho was the person responsible, prior to 1972, forlp{iroviii|g_a breaking and eiiteriugl .In W.w.92.92i.i- I hese were approved at the highest» level of the n-i[t_tI_lI, II't_l'llltlll! the _l!i,rg.-etni'ott to I-ill.
I92lr. -l'|'.92iv1'm:. Then .92lr. lloover directed the activities. He did notleek a|i92n'oval from the itltorney tleiieral t .
, Mr. l 'i92N192'i92t.l.. 'Io my lilniv92'|eil;_!e, he did not.
hlr. Sr.9292"ros. in other ivonla. Mr. lloover felt that he had the powerto vioiaie the iaw of ii State or of t his coniitrv t '
.92lr. ll".-iii:-'.92|.i. Are 92'tIll asking ine what Mr. Hoover's opinion wastMr. h"r.92ii-i'ox-. Yea; I iiin asking you if he approved illegal activities.
Mr. 9292'.92xi~i.92i.i,. lie approveiltlie breaking and entering; yes, sir.Mr. Stats?-'i:~'. Do yon iiiiiiii, in ternis of the U.S. Government, thatfor the-piirposes of the ltiireaii and of this Goveminent the activities
of the lhireiiu are going to he iin iroved by virtue of the fact that wehave had exp isure of some of the illegal activities of the Bin-eaiilIii other words, do yon feel that the exiinilnation of these publicly
isgoiiig to be therapeutic for the llureau?' Mr. l92'.92:mai.i.. I tliinli they will be; yes,sir.
. Mr. S"i".92x'i1m. Tliank voii.
hiiirinan Piim. Mr. Ilfurnhy.
Mr. Mriii-in. Thank you,'Mr. Chairman. .
Mr. .-luliinis. one of the problems we have, I think, with the FBI is in
regard to wiretapping. It is ii practice that the FBI has not admitted
to but nhout which we liii92_'e__iiome intornintioii that leads us to believeit went on in the past and I am wondering if it has been stopped. I
ani also interested in the question of reliable informants.
'0 iiiiilerstnnil that the 1" Ill will go into it town, so y liicago, whereI am from, and they will get a local policeman or some local policeforce to do wiretapping for tiiein. Tliey pass this information on toa strike force made up of iin FBI agent. Justice reprcsciitiitivc, IRS
agent. Then, when they go to court and they are asked where the evi-dence cimic from, they can properly say they did not have anythingto do with the wiretap. *
Do you get any information that way that you classify from re-liahle mforinants?
Mr. _92n.92.92m. Not that rticiihir situation. If the Chicago PoliceDepai-tnicnt. were engaged. in illegal iviretsps and it cinne to onr atten-tion._ 92ve_ would open an investigation under the intcrceptioii-of-eoni-
uiunn-at ion statute.
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,,,, ,|"¢_y to re rt it to the Federal authorities. _ _ _I am won ering what your iiiterpretation of their position would
Ihe .
.-tr. Assets. You are talking 9-l'92..0!1i. the telepliooe mitt -soy!Mr. Mum-iir. I am talking about the Illinois Bell felephoile C0-i
tho only siihsiilinry of .»92.'l. & '1'. yvliicli does not report 92vii'etlll'9 l'°Federal authorities or any autliorities. The of the ystem all does.I am of the oninion that if a citizen sees a crime or knows of a ci'1_me1,11; i-onunittiid, he has a duty to report it to the proper authorities.Mr. .92n.92.92is. I am a little hesitant to comment on t ieir testimony,
not having ri-ml it or being familiar with the exact _wording of the
iii atciiiriit. llut l ilo agree with you t hat. when inforination comes to the
|92lh'll|ltIll of ii cit izeli--ivo iii-geftliis of aiiyone--this should be reported
In n-oper law en l'ni-i-eiiieiit aiitliorit ios.htr, .92Iua|-iiv. Lei inc nah you a question. Mr. Adams. _Tliere was an inordinate IlllllllltI of ex-FBI agents -worliing for
.i.'i. -it '1. and its Hllili-ilIlllII'lt.'i4 ihrmigiioiit the coiiiitry. ls there any
pm-poseful connection then-l.92[r. Annie. No. l think _92-on will tinil iii any major ai-gincnt_ofinihist92'!' that former Fill ollieern are often cinplo_92'i-il as securit!'ttllit"t't'S. I think they have iloinoiist rnteil tin-ir qnniiticntiniis over the
_92'cnrs. They do griivitiite to vooil posit ions in private industry.lint there is no concerted elliiirt to penct rate or to control or dominate
or do anything of this sort on the part of FBI agents collectively
or individually.
Mi-. Monrirr. When you are summoned before a congressional oom-
mittee and queries are presented to you as to how many wiretaps exist.
today in the United Stat:-1, was it a practice before the Director camedown to testify. to send oiit a notication. Take the wiretaps ell for a_weclc or 2 so when I go to the committee I can testify that as of thisday there are only 10 or only 4 domestic wiretam existing"?
Mr. .-92n.92iiis. Aiisoliitelv not. I believe the iiiforinatiou we furnished
to this coniinittcc. and to the Senate i-niniiiittce i-ita fl, woiihl elea rly show
iiy ciieciciiig against appiiopriations testimony, information of that.type. There was no such activity. Mr...I.l'oo92'or fraiikly iniposcd'1'e-_
straintii on wiretapping in the FnT-f0I92!iltl !Hll!It i-estrnints on wire-
lappiiig. In fact. some of the iiiaterinl we uiiiile available ."ll09292'8 that
he was one of the loinh-st voices iii[_':ii'i;.I,' sonic type of iuitiiority and
iippi-i-mil in tlic Attoriiey Geiieial. not-'only_of ours _hut other agencies."'.'llr. Mirni-iiv. All right. I 0Itl_tl_lttlV ! 5 minutes. -Did the FBI ever get inforination that the IRS was eoiiduetiiig
schools on n'in-talipingi'_ Mr. Aunts. I dont recall whetlier we had any such specic internin-
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' ic iemiat organihations, but the were quite I ted,_3cIIlt0r Banal. Howinany black ba.g,johe were dlhl: the course
oi! your tenure at the FBII .
Mr. Baainuiie. I would have no idea, air.it '?5'a3l;"' B4"! W011» !0u've got to have some idea. Was it 1, or was
Mr. Baainniir. I do not think I would be capable of comm ntin . Ido not have that range; I did not work in that eld where it has gen-Qnllf mployed as a techniqueasenator.M Senator Baum; Ifow rnaiiym o you have knowledge oil Somethingan uni Tiii Til. illili, 1| IIELFIRI, _ 'metlrsgnnsrgzan. I dont ink Iiii in a position to be able to answer
ggialtior Baiiaa.YDo you have any knowledge on that euhjeulnaniuie ea, in a genera range. _Senator Bane. Then I would like to have that wen] raThe Caarluuizr Senator Baker, we have gures, ould you u inhave theml We have documentary gures.Senator Beanie I would like that, and I oo - --
ression too, Mr Chairman.
e Ciaainraii Very well What was your
Mr BRENNAN Can we t a ven time frame
Senator Baiiiiii. No. Th: 0:1 have knowledgeMr Biicimaiv The overalfimpreeeion on my
Senator Baiian. Yes.
Mr Bar-mum I would have to aay-I woul
P0§SllJ]y, o_f_ maybeélltl, 40 _ y
Senator Hana. Did the FBI ever get caughtl
Mr Biiamuiii I dont think we did, Senator
Senator Baxnii. As a matter of fact, you didii
Mr. Bimimau I never heard of anybody getti
Senator Barren. And the tochni ues iniolved
cooperation of the local police! ow many men did it takel What
techiu iiee did you employ to lree from getting caught!
laiinpreaeionl
of
26 years in the FBI!
d put it in a frame,
t.
ng caught, air
-were they with the
Mr. iienivair I never enga in one, Senator, so again, I wouldQIIL 0 -._Q.. _ - .. al.- -._ _...__ _ _ _wifti.nator aura. You re speaking of oouiiierespmnngo lli the ., _Of It Spy Of I fflll !0ll|lf.!'U opgmtlng 1|] this country and M '~mg to counter iml Ia that the counterespionage you re bptnl, :
"Mr Baairicair Yea airhiblgnsfglr ;l3i92itaa.sAnd that's the only case you knew black beg" id
r iiamuiie u tl afte I to BI Ieamed there I'l$b:!qI:c°n b k bdg lti. whi§e'°'i§iii}l°Ti i§-'¢§'e'i§'.f'I'£whatédl w.o£ld have to term domestic aubveriuve groups, and some
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im _ ' ' ' 1 _ . _. . _{ah I. _ _ _ ' | A »;>e=- , . . . .
. 1 nth". . ; a --|ue'92."| . -"'1 . I OI in-u w. Now, lot me just give these giinrs. These are _Ii_..
_ J I ,,,. |..-.-n .-=u|iplii-ii to us by the Federal Bin-eaii of Investiga-F . _ _ |,,,,.._ in our rcqui-st, been declassied. And I would like to
'l'| ll min lliv rm-ori .H ii :. 1" I I ilninostic subversive targets were the subject of at least
.¢__ ,,.m.-.- from ill-ti! to April 1963. In addition, at least three domes-
, ..,|-92 i-isirr tin-gets were the subject of numerous entries from Octo-
i- r l'.l.'--,3 to June 1066. Since there exists no precise record of entries,
Ir |92|t unable to retrieve en accurate accounting of their number, but
that is lhc best gure we have.
:-ti-muor BAKER. Thank you, Mr. Chairman. This nal question, Mr.
lln-mien, since my time apparently has expired. Was your division
ihr one involved in any surveillance of political gures at the Demo-
ri-otic National Convention in 1968!
Mr. BRENNAN. Yes. sir. We developed all of the intelligence infor-
mation relative to the activities of the dimidenta who went out to
Chicago to disrupt the convention. However, I don't recall any time
that any instructions were given to include aurveillances of, as you
say, political gures Senator. _ _Senator Batten. Yes. Im tllklllq about the allegations and thecharges that the FBI kept eurvei lance on Robert KBl'lIIQd£.I>lldSenator Edward Kennedy and Martin Luther King, and a nuin _r ofother political gures, and that, in fact, there was a coinmiimcationa
link-~ believe a telephone--from FBI headquarters in that city
to the White House-even to the Oval Oiee. '
Mr Bananas I am not familiar with such surveillancea. But
basic
Senator Baiiaii Youhe familiar with those allegations and charges!
Mr Bani-man No As ainatter of fact, Pin not.
Senator Baum You've never heard them before!
Ivir Bneuivair No. Not those e ones.
Senator Banana. Well, general y, maybe I m not describing it with
exact accuracy
Mr BRENNAN I recall that there was an Earth Day aair, which I
believe Senator Muskie made a s h, or something, and I believe an
FBI report dealt somehow witi the Senators appearance on that
occasion But any information of that type was purely coincidental
to the investigative etlorts of the FBI which were basically directed
:t the ac ists who were involvé. in tli% tyixs of rm -"oer-t.e. And
anything related to political gures was actua ly coincidentalSenator BAKER Pm told I was wrong It was not at the 1988 con
vention , it was the 1964 convention that I was referring to Does that
alter your answer at alll
Mr BIIFNNAN I had little knowledge of the 1964 convention That
Was not coordinated out of the Domestic Intelligence Division It 1.8
mi recollection that that was basically coordinated by Mr DBLOMSILi'1
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ielllllii-OI 3|
[1]-,3} I2-llllli September 23¢ 1915
- mum ernru anon-r enact one-Inn:
" ro nun! oovrruounrru. orrlm-zone
urn uerac-r to xurtmxcnacr nc-rwrnre talc!
1 III euaanrrrzoue nrmtu - nonrerzc tunersIJ '1 .
t lerenoe 1 Iede to rec letter dated eevtleber II-uig, £g:m. John :. lllill, Director. noeeaatic Inte1l.iq1:ee--~ -»==-- =» ~=- ~1=r--1.=- '2:2::2--£=;;_=::;i:; s222::_?£61; iniiiiiiiiai Caaiiiia, uw-an.-e en. 1 e|I eeu lee-be-rantmm-.1, wherein nr. rum: nede tn. Jollowinll r~;92I"= "fthgeapeut to doeeatic tarqete or eurraptitioua antr ea con
ducted by the III: _ .
l. etatlatica on the eolua or euch aurreptitioua
' entriaa in inclusive clllqil I-"=5 1' " b"'"*"""
-Mg. Inge," organised urine, or '|eiacallaneoue.' fbeae
etatiatioe ahould be cleared tor P1151-1° 511°-"-°' "'
2, 'coaQittea acoela at I'll lleadquertara to a
ecaolete liet or epeeiiic tn-gate. regreeenti 111' Y-1'"' etaiietioe in ztea 1- 11'0" -
1. oenvary to the cnalreen and vice Chain!»
at the liat cl apecilic targete requaated tor aooell in
Ital 2, above-
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nancial information, and eeaberehln 11"! ""5 5'9" -Y
reporta ol target organiratione.
e
I .»g to gnia rerleet hm 1!-ll to April. '19 en;-:;Jti:::u:cantry wee ct lined by the Pu on e hieh-1!
aalectiva beeie in the conduct or certain inveetiqationmavailable recorde and recollection" or Special ngantziaitl
1"-°~1"""" """°'- 5* '""-!"2?!12 !!.2f-! f'J 21.2..- "
£::?i::¥.:":.:*::::: 2;.:"::::;:t*"::,;:;::::ou: .:§,:_:.:naused to obtain aecrat and clonal! 1I92Ill'92-I5 W91" " °unen a special Intent in marge mm or e lleld
,n|.-a coneidarad aurrapt tioua entry neoeeaary to the,_-duct of an inveetigatiolli he would lake hie reqneet to
1;, |p]IIGpl'1lCO Aaaietant D rector at !lIll0¢ juatilylnq,_-,¢ nuod tor on rntry end aaaurinq it could be acooll-h':|ah-Dd eetoly w tn tn l eecurity. In eccordance witsnutructlona of Director J. Edger lloove-_, e memorandum
outlining the tacte ot the request was prepercd tor
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ihl naeietant l:|1ractor'e ottice under a Do not Pile
l'OClt|92lZl| and thereafter deetroyed. In the field
oice, the SAC aaintained e record of approval at econtrol device in hie oliica ante. at the next yearly
field oltice inapection, a review of than recorda would
be aede by the Inlpector to insure that the SAC wee not
acting without prior rnzno approval in conducting
eurreptitioue entriee. Upon cmqlletidll oi thia review,there records were destrc-,-ad. '
There ir no central index, rile, or doouuntlieting aurreptitioua antriee oonduotad aqeinat dolaatietargete. To raconetruct there activities, it ie neceeearyto rely upon recollactione or special Agent! who have
luloulodge of eucn activities, and review oi tlsoee {eeidentified by recollection ea being tarqata or eurreptitleeeentries. Since policiaa and procedural followed in reportingor lnforleation raaultinq Iron a aurraptitioue entry weredellqnnd to conceal the aotivit troe peraone not having eneed tolmoe. inlnrlation contained in I'll tile; relatingto entrioe ie in aoet inatencoe incoqalete and difficultto idanti ly. '
neoonatruction or inetanoee or eurreptitiona entrythrough review or tiles and recollection: ot Special Aqentperaonnel at PIIHO who have knowledge of euoh ectivitiee,ehow the tollowing cateqoriea or targete and the approximate
nlllber or antriea conducted eqainet each:
l. at leaet tourtaen doaeetio eutneraive tarqetewere the aubjeot at at laaet Ill entriee {roe l!l2 to April,195d. In :%itior-, it liiit three ioeeetio euiwareive tarqata
were the eubject at maueroua entriae {roe October, 1052. toJune, 1966. since there exiete no preciea record oi entriaa.we are unable to retrieve an accurate accounting or their
number. .
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QUESTION :
HR. KELLEY:
QUESTI6:0 -_ .,92 ;,5.d_;_ ,_'_.¬-:i;4~i;;_:'::{ ;~r1_,;. .g}i "" .3" _ H,§T.!g'_,_ _* .1§..::_1-__'____g_n,,__- .9?----r -......s.. = - - ~ -e -. t e " " ~ »-n - '- c-e- 5,-=;g:'
0 e jf<
NEWS CONFERENCE OF CLARENCE H. KELLEY ...
DIRECTOR, FEDERAL BUREAU OF INVESTIGATION
_ JUL! 1!, l9?5 7
Good morning. I haye very few statements to make as
an opening. I just want
-
attempt on my part to be
Frankly, it is somethingtosay that this is a further
a little more available.
which I hope we sen eentinue
and I have not in the past been premeditatively evasive
nor reluctant to appear before you. But, frankly, I've
been pretty busy with a number of other things. I want to
let you know that we're continuing our efforts to try to
improve the rapport between us. We will continue to do
some things and hopefully, in the future we can get togethe
more frequently on the basis of some of our past meetings
which I think have been very fruitful. so
it open for questions and thee
strong but Ill try to be able to identify
have any questions?now I'll throw
¢- no 1-192
you. Do you
O
Do you have any evidence, sir, or any information leading
you to suspect any CIA Agents have been planted in any man-
ner or form in any executive agencies for the purpose of
transmitting evidence back to the CIA about that agency?
I have no evidence whatsoeyer brought to my attention
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I I ' - : » 1I ' a "Q I _
I- Q.
We have no ongoing programs whatsoever and have had no MR.! KELLEY :
resorts that it has occurred and this is something new
. 120 I18. _ l ' I -I
eomnlelhts rebeatedlv in recent davsK7 F -I J QUE$IIQn; sir, there have been. a
' from Congressmen and Senators on the Hill who are charged
with investigating the FBI and its domestic surveillance
' ' in past years that they are not getting the information
that they need; We heard from Senator Church maybe yesteaQ,
- day. Can you'respond to that? .
MR. KELLEY : he FBI '1'he_ allgggtio_n__has__b_een made _tc_>__ the _e_ff_e_'et _that_ _t
1- _'|........_.:.._.. _ __ __ 1_.. _...__|_ ___1 -_1_-_ .n_.. __.,___.__zJ.a u.|.agg.u_:3 Q so to seeds, gqq p_;.uw 1:0 re:-.92-E0110. ,.--_¢uI-"'="" '='- - -~ "'
' to the requests of the Church committee for information
-'3"--nun-illii
relativego past abuses,by theIBI in the intelligence fit,1.-_--iIIi" TTZ?@m#?~ T_£;&ai1§i-f*- _*_" Y: - Z '1'
and it's eve9_12¢¢n_5»;f==£dttissentttmetcee ?_..1Jst_t2aat-=i=is=§@1-9¢-
+ ance is reflectiyegpf_32Eeffg5;_to nreégsxeéthe imageiof
Mr. Hoover. First, I want you to know that in giving
~ instructions in this matter, it has been consistently l
- my policy to say that we should be completely candid' ' --I
a I .
and forthright. And we should respond in whatever manner
we can consistent, of course, with some restrietiene-the:
being a matter of confidentiality and right to privacy.
. Insofar as drégging our feet, the letter which was sent tc
us was dated May 14, 1975. We immediately embarked on a
program to try to respond. In May, l9?5, I remember it we
92
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the last half of May, we devoted 323 man days to try to r
; .
spond and to date have added0
Ianother over 400 hours and :
a total dedication of personnel--of 102 of our people.
We have 102 people who are.responding to this request., _
The reason why it has taken this much time and this great
amount of manpower_is that we must go through all of
this material very carefully
of_those who may the privacy
PP
assure that matters of grave
disclosed. We are trying at
. in favor of
_ 102 is veryCO PIGSEIVG; Of COUISG;
be mentioned and also to
'5 n92hn92~|- 2 Pa an an .llllwl K L § I? YQ
best we can to resolve
making them available. I think this number
significant inasmuch as in the work of the
Freedom of Information, there are also over 102, about
0 105 people, dedicated to fulfilling our obligations there
So, we have almost 210 people engaged in these two
. enterprises and this has a great impact upon our capabili-
' ties. Does that answer your
MR, KELLEY: Why he what? _'
QUESTION: Why he would be complaining?
HR. KELLEY:question?
Can you tell us why Senator Church would he oomplaining?
Ho sir, I don't know. some of these things, of course,
may be thought,to be too slow and it's thought perhaps
that all you have to do is to remove the material from
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the file and send it on up. We have already suhitted 3 ,
" a great deal of it and intend within the next 10 days to
. coplete the entire matter. .
Is in any of that materialnow in the Justice Department QUESTION:
awaiting approval of the Attorney General? '
- MR. KELLEY: Yes, some of it isin_the hands of the Department ready
_ 0to be transmitted. That's our first step--after we make
our suryey, to ship it over to them, they review it and th|
send it on through. '
QUESTION: WeJl,_has it been there for a while? .
Mm. KELLEY: I can't tell you exactly what length of time but I can say
that within about_l0 days, we'll have ours completed and
you can gage thereafter what type of delay is experienced
through the Department. _
QUESTION: Mr. Kelley, Senator Church says that you_yon1;_allow_him
' - /§Ba his sta§f_§9_interyigw_EBI_Agents and that'sronerof
92 ' .L/J 2iF; I /éhe complaints he makes abgutnthgllsck oieggpgratgggh I 7 V7 77 -51:11: z0/N
' 92
MR. KELLEY: . We have gone through a procedure whereby exFBI AgentsIs that true that you will not allow the Senate staff to
interview FBI Agents? I
may have available to them our people in order to consult
p with them as to any matter which might be thought to _9292 violative of some of the confidentiality provisions; and
_ 4 _
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.; we have not, to my knowledge, denied the right of anyone
z . .
5 - ' - presently employed to be interviewed with, of course agaiz
the requirements that if they want to consult with us
_ 92....; _....- .1- .._ ' __ ,-----~-"' "' __,__/ 92__/1_V__ ____-~_____:E1;ii¬_y g_:qy_iuq__uu¢ _ _.,* __:_ , _¢_* of s so _,_e s 5" W" -K *
QUESTION: Well, in other words, you're saying that FBI Agents can
be interviewed by the Senate staff. Is that correct?
us. usury: Let me just check that. Mr. Mintz, is that correct? Have
we denied any? "
_ " -
MR. MINTZ: - We haue not denied any. We've not indicated to anyone
we would not let them be interviewed.
,% QUESTION: What was that Mr. Kelley, about ex-I didn't understand,
' about ex-FBI Agente?' e
epqlu c-!__ up-to 92_____.l__ __1___ _.__-|1_a ___:| _.._Q___ -1--.2-,_.i _.-_. .1-E-_:ILI-1 bx-BBL RQEDEB; wnlsn CGLLBQ; dlll W§ LG: GU-Vibuq GLE Jslil-I-ULl.llCI
%§{' _' that one of our people can be present outside the inter-
, view room for consultation by that interviewee with our
- people to determine whether or not a certain question is
w I 92 ' u
beyond the purview of his capability, and we_§o not say to
him that he cannot answer but we do say here are the rules, 0
1the regulations, the law and you can be guided in accordanc
' with your own dictates. But we make available to him a con
' ~ sultant, so to speak. i
QUESTIGE: a Is that a requirement or».?
MR. KELLEY: That's an agreement between us.
QUESTION: In other words, when an ex-Agent goes.up: he has to92have
an; '
Q? somebody? . .~:-~..i, '
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During your confirmation hearings two years ago,
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Mr. Kelley, do you feel the oversight being conducted now
between the Senate and House is probing too deeply into t
FBI-do you feel that any of the operations of the FBI he
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I do not construe the activities of the oversight groups
_ I .. _
as having delved too deeply into the work of the FBI. We
on occasion feel that perhaps some matters need proteotio
particularly those involving national security, but I hav
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no objection in the exchange in oversight groups of any
matter in which we are engaged. I think, as a matter of
fact, that this is a proper balance insofar as keeping us
in line and I also welcome it inasmuch as it gives_us an
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do not object to the exchange, in other.words.
Mr. Kelley, you said that you're not attempting to presert
the image of J. Edgar Hoover and, apparently, you know
what will be in the information that is to g6 out of your
office in 10 days. Can you tell us, when that information
gets up to the Hill and assuming it's made public, are the
going to be some more bomb shells about the FBI that we '
haven't heard about or is this all information which has
._ rgenerally been made p" " ,
bomb shells, so to speak. In the news
I don't know of any
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some extent, discussed and, to some extent, publicized.
I am convinced that in these matters where there might be
some criticism, there is an underlying intent to do that
which is good for the Natibn? I have not coe across any
activities which I would construe as being illegal, being
directed toward personal gain or to enhance the reputation
of anyone. I see nothing untoward in these activities, in
-._ ,
other words, as they will be reviewed by the various groups
.
Now, Mr. Kelley, Mr. Sullivan said about a week ago, that
he assumed there had been some national security break-ins
over the years and I'm just wondering if there have been
national security break-ins, say in the last five years,
roughly what number are we talking about and why aren't
they illegal? What's the legal authority? I
There have been statements made about surreptitious
entries and the latest was that statement made
by Mr. Sullivan who just retired as the Assistant
Director in Charge of the Los Angeles Office; and there
have been, of course, reports in the media that the
Department of Justice has been inquiring into allegations .
that our people have engaged in surreptitious entries or,
, M
as they are sometimes termed, burglaries. Yes, the FBI
has conducted surreptitious entries in securing informatiol
. 92
relative to the security of the Nation. However, in92l966,
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all such activity was trminated with the exception of
1 3 _Ya small amount of actiéhs which were conducted in connecti
with foreign counterintelligence investigations which we
felt had a grave impact uponjthe security of the ation.
And again, as I just said, I feel that the FBI personnel
participating'in or_approving such activities acted in
good faith with the belief that national security interest9
were paramount and their actions were reasonable, I'm
I
always mindful of a story I heard many years ago about two
neighbors who started some arguments which, obviously,
were going to terminate into difficulties. One of the
neighbors started a campaign to build himself up with
shadowboxing, punching the bag and so forth, and it appears
_ very likely that he was going to be in pretty good shape
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in order to beat up his neighbor and so the neighbor,
thereafter, concerned as to what would happen to him,
sf 92 ' [started to defend himself. You don't wait until the
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,_ yourself and so I think that the FBI and its officials
construed this as paramount again in the protection of
the country. ' " _
QUESTION : You said that in 1966, there were a small amount of
all .. burglaries. I'm just wondering how small is small and
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f _ 1 who gave the OK. Did this come from President Johnson
or President Nixon or was this a decision made by Attorney
Genera1.... . '
MR. KELLEY: This matter will be_discussed in subsequent hearings
sf and in reports, nd further than what I have stated, I
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cannot comment.
. ", .
QUESTION: Mr. Kelley, were these directed against Americans oru-I--. I
Iroreign persons?
MR, KELLEY: II would prefer not at this point to make any comments5|
further and particularly not in particularity as to who
may have been the ones against whom they were directed.
HQUESTIOQ: Well, were they all conducted in this country or were
some conducted overseas? _'
5 5" MR. KELLEY:, -I know of none overseas.
aQUESTION: } Sir, going back to prior to 1966, why was the procedure
changed in 1966? . .
~ . .
MR. KELLEY: , By virtue of the feeling of Mr. Hoover that, under the
then-prevailing philosophy and the feeling that possibly
in the context of the times, this was not a viable' -4
.-
procedure--they were stopped. It was Mr. Hoover's
a
decision. ' -' ' _
QUESTION: Sir, can we inier that there were quite a number, a
large number, of burglaries prior to 1936, but fewer
since then? 92
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Why can't you tell us the numberi '
Because we're going to make reports to our Congres-
sional groups and to the Department of Justice and,
frankly, I can't tell you the number myself. we
don't have any.... __
They did not entirely stop in 1966? There were.some that did get, you.say, a small number after
1966? _ t ' _
There may have been some after 1966 which were,
of course, in'the field of foreign counterintelli-
gence, and such that it would make a grave impact
On Our. n 0 o -5' -
Before that, they were not with the field or foreign
counterintelligence? _
|0h, yes, there were some in that field also;
There were others that were not in the field of
foreign counterintelligence before 1966?
You recall that I said in the context ef the time, '
it may well have been that prior to that time national
security or counterintelligence or whatever terminology
you might want to use could have included other areas.
But, then you began to compartmentize various types
of activities and then it became evident that the
area of foreign counterintelligence national security
certainly should be differentiated from domestic
security.
But, Mr. Kelley, what policy have you followed in
the time that you have been Director? Is this type
of activity, has it been permitted? Is it policy
now to conduct this kind of activity?
o
dactivity since I have been made Director. If ever
anything of this type comes up, and I can't foresee
this nee , hut,'if it ever,did come up and it became
a matter of grave concern, a matter which is to be
solved only through such activity, I would present
it to the Attorney General and would be guided by
his onininn as to such activitv- F s k1 - T h up 92i__ _,_i_-" __ _- __-" _--_-_-,- -r_n"_v, _ "e._not had any such request since I have come aboard. 92E I have n t had a single request to conduct such
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ANSWER:
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the foreign field, Mr..Kelley. Is
the foreign field when you say suchs that in that
mited toctivity?
Yes, sir. Foreign intelligence, counterinte11i-
gence, national security, whatever terminology -
you want to use. _ ' -
Back prior to 1966, were any of those in say
organized crime investigations? .
[I know of none. '
would you characterize, Mr. Kelley, what areas theywere in, please. What areas the prel966 burglaries
took place? Characterize the kinds of investiga-
tions they concern?
I can not at this point characterize them because I
I .-_ ..... ......-- _..- ___ -__.__ n__ _ _ -____ -- --juat ¬':un'¬ in-now how they were t;O be c'a.1:e|.ct.erZ'Lzt:¬'1-
But, it could be that, I would guess, that the
great majority of them are what we now term counter-
foreign, counterintelligence, or national security.
I would say that in all probability the geat majority
of them were in that area. That's where the grave
concern is. - -
a legal pointo£ view
them at all were con-
authority?. Have you reviewed them from| to determine whether any of
ducted without proper legal
I
We have discussed them with the Department, and will
place them in their hands and they will make such
a review. _
II, the Korean War, the Vietnam War, the Cold War--. -11 -A .LI___iI92 .UJII G1-L UL EllllI I wanted to ask you if this goes back to world war
They will go back to World War II, I'm confident.
I Is it possible to get court authorization by warrant,
or whatever means for surreptitious entry as dis-
tinguished from an ordinary search warrant?
Inherent in the request for a microphone insta11ation92there is a matter of surreptitious entry. So, therein
you have a natural concomitant. You do have that
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There is some dictum.to indicate, at
present, that this may be brought up later; But, I
- know of no authorization which can be obtained per se
- course, the
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. warrantless
QUESTION: a Weren't the
- some oi the
ANSWER: Ufor a surreptitious entry. And, at this point, of
feeling is that these confined as they
are to foreign counterintelligence it flows from
presidential authority as it applies also to tne
wiretaps. _
civil rights groups, Mr. Kelley, among
organizations who were burglarized?
I'm not going to say anything about where they were,
or against which organizations they were directed,
only to say that they were, Mr. Nelson, and I hope
that will satisfy you, and I hope that if there is
any revelation to be made later that they can be as
complete aspossible because, again, we feel that
the intent was a very good one and there was no
protect the
QUESTION:nI "4
mswsn; 7*premises?
92 .illegality concerned. And the impact of it was to
country.
Sir, how can you say that there was no illegality
concerned if the Constitution says that you have to
have a search warrant to make an entry and without,
as I understand it, even checking this with the
Attorney General, these Agents burglarized private
The_resolution of the problem which you now present
is up to the Department and the courts, and I, of
course, will not engage in anything except to say
that in the defense of the men who authorized.and
QUESTION: I Hr. Kelley,
ANSWER:participated, that they had this intent and within
every criminal violation there is a necessity that
there be the ingredient of intent and there was none
here as far as I can determine.
would you say, sir, that most of these
requests for surreptitious entry flowed from presi-
dential authority? Is that what you said, sir?
No, I did not shy that. I did not give a complete
. outline as to what the authorization was, And, this
again will be a matter which will be discussed in
the reviews of the Department and the various Congres
sional committees. = 92
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Sir, would you say that the Cubans who burglarized
oaniel Blzberg's psychiatrist: office should not
have been convicted then since they thought that
they were on a national security mission? They
didn't intend to violate any laws. That was their
testimony. i-
. 92
I have no judgment insofar as that because my -
province is in presenting the facts and for the
review and determination by the courts and if such
an inference was made it was not intended by me
to give them any sanctuary. I'm trying to keep in
the area of our facts and that particular thing as
to whether or not they had any intent or whether or
not it is_a viable defense is up to the courts.
Mr. Kelley, did you twice mention that you expect
some resolution to this question in the courts?
How is it going to get into the courts? .
I don't know. It possibly will be some sort of a
defense, rather some-sort of a presentation to the
courts by the Attorney General. He has indicated
that perhaps this being a constitutional question--
it being a matter of the executive privilege of the
presidential power--that it might well be necessary
to have such a review to determine. a '
. 1
were all or these break ins conducted with the
permission of either the Attorney General or the
President at the time? 0r.were there any that were
conducted without such approval?
I cannot, at this point, give you any particulars
about the program. I just say, as I did before,
and this.... -
_ _ -_ - - i .__- __-Because you don't know or because you re withholding
cement?
I'm withholding comment. - .
Mr. Kelley, I'm'still unclear about distinction
between break-ins before 1966 and afterward. Is the
reduction in number the only change that'was made or
was there change in the limitations on the targets 92that were used? ~ 92
There was a change insofar as the targets just being '
in the subsequent area confined to those matters which -
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QUESTION: You imply then that the others concern domestic
security or did it go beyond that?
This implication is yours, Hr. Rogers, but....
-QUESTION: 92 I'm trying to recall what you said initially.
ANSWER; |I said that..., the question was asked me whether
I included domestic intelligence, and I said I
was confident that the great majority was in the
area of foreign intelligence or foreign counter-
intelligence, whatever you want to call it. And
there may have heen= I don't knew.
that you have not received a
reguestwfor any type of activities such as this
since you have been in office. when did the last
one take place?5
QUESTION: Mr. Kelley, you said
ANSWER: I do not know. I do not know.
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full details of everyone of thewill the materiel
Committee include
break-ins?
ANSWER: I
QUESTION: 92It will be a matter which will be completely
presented to the Attorney General, and, insofar as
full disclosure by him, that's a question which
only he can answer. We will report those about
which we know.
Hr. Kelley, you said it was also for the good of
the country that Agents send letters to school
' boards and principals and others to damage the
reputation of people working who have had connec-
tions with groups the FBI had infiltrated. Was
that also for the good of the country?_ 1
Your statement, was that also for the good of the
country to do that, to damage the reputation, was
not the issue. As you pose your question, you
answered substantially my response that would be
made. Yes, I|think that the purpose here was toANSWER: .|
. .
do something that would ultimately end to the
benefit-of the Nation. In other words, I think
in the eocalled COINTEL Program, which you men-
tioned, that the intent there was one_which had92
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adequate basis. As to the.programs, now, indi-
vidually activities within those programs may be
suspect. I have said and repeated that some of
those activities I would not feel are proper today. I
wasn't there during the time that all of these programs
were developed, nor certainly the approval of the
various activities within those programs. Were I to .
have been there, there is some that perhaps I might
have said, No I don't think this is proper. I have
the benefit of hindsight. I have the benefit of exper-
ience in local law enforcement which, I think, prepares
me to better understand perhaps the impact of some of
these types of things. They are not at all unknown in
the field of law enforcement. In some degree or another
almost
similar types of activities. Not perhaps to the sophisti
cationall the law enforcement has engaged in some
as the COINTEL Program, but the context of the
time is felt necessary in the present day. we realize
that different standards should be applied and they are
and we do not engage in those activities now. Since
April, 1971, we out them off.
NOTE TO CORRESPONDENTS AND EDITORS: The preced-
ing
usecoment by Mr. Kelley concerning local police
of efforts similar to COINTELPRO may.be open
to misinterpretation. At his direction the FBI
later issued his clarifying statement: "I had in
mind that law enforcement agencies have used '
methods designed to create disunity among the
criminal element, particularly in organized crime
and hoodlum gangs. Probably most common was
labeling a crime figure as a police informant
to discredit and destroy his criminal influence.
These activities to pit one crime figure against
another have achieved success in neutralizing
the criminal element.'!
You said that you disagreed with some of the activities,
that they were not proper programs. Alright, does that
mean that there are variations of COINTEL Programs 'still going on? - -
In theThat's
Within
ities,
of thefirst place, we deliniate certain programs.
the overall structure of the full system. 'each of these programs there were some activi92
individual activities. I feel that the setup
programs certainly was directed properly, that
is, with the intent to preserve the Nation. Insofar
as some individual activities, yes, I feel that some
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~ were, in today: context particularly, imprudent and
that they were not, again in the present context, the
type of thing that certainly I would approve. Be that
as it may, we stopped them in 1911 and we have no
intention to continue thep.*;
QUESTION = Mr. Kelley?
_ ANSWER: Yea, sir; Joe? ~ '
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$4 QUESTION: _ When you were an Agent did you engage in any
g _ _break-ins or were you aware of any break-ins?
Insofar as the matter which you are now discus-
sing, I think that we can give substantially the
same answer to this. This isea matter which is -
being investigated by the<Department and is being
investigated by the various comittees, particur
larly the Select Committee of Congress and, I'm
not saying that Clarence Kelley engaged in such
activites, or did not engage in these activities.
I'm merely saying that these have been presented
for review and they will, thereafter, be discussed
at some length and any publicity that might be
given them will be that which will be given by
those more knowledgeable than I. .
Hr. Kelley, to your knowledge have any members of
the FBI been involved in the-planning or execution
of assassinations?
No, sir. I know of none.
Mr. Kelley, how about the break-in of embassies
here in Washington. Have any members of the FBI
gained surreptitious entry into any embassies in
Washington?
Without naming or designating victims or insti-
tutions, I can only say that there were a few
concerned with counterintelligence--foreign in
nature--subsequent to 1966. Further then that
I cannot say. .
A few is 10, 20, 100? When you say few, I'm sure
that I'm lost as to how few is a few.
Not many. ' -
Was a lot of this done in Washington as opposed
to other cities in the country?
There.were not b lot, I'm confident of that. And,
frankly,.I don't think that all of the few were
confined to Washington, D. C., but I.can't tell
you absolutely that that is true. _
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Mr. Kelley, were any of these done in conjunction
with the CIA? with their knowledge?
I know of none. Now, subsequently, perhaps there
may have been information whieh did go to them
but, not insofar as the origin of the information,
I'm confident of that. We were not in partner-
ship with CIA. '
How about the NSA? .Were there any of these break-
ins done to help benefit the NSA in its code-
breaking programs?
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be presented and, it's better for them to comment
then I
Hr. Kelley, the Rockefeller Commission report
said that, in discussing the CIA's mail cover
operations, said the_FBI only learned about this
about five years after it was in the works. In
1958, I believe. Mr. Colby's report to the
President said the FBI knew about it from its
conception. which is correct? -
It is my understanding it was 1968.
1958?- Q -
1968. Wait a minute, 1958, 1958, That's right,
1958. '
Mr. Kelley, in the last sq years, as I understand
it from FBI officials, there has never been an
FBI Agent prosecuted for any kind of corruption
or crime in connection with his official duties.
Is there any agreement with the Justice Department
either in writing or any other kind of agreement
not to prosecute people who may stray from or
commit crimes but, rather to handle it with
internal discipline?
. ,
Mr. Kelly, spelled K-ELL-Y, there is no such
agreement. I would not abide by such an agreement.
I vehemently oppose any such arrangement and wouldnot operate under such arrangement. No, there is .92
none. Yes, anyone that, within the FBI, will be
prosecuted if there is evidence leading to that _
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conclusion. I can assure you absolutely that
this is my policy, is the policy of the Bureau,
and that we will pursue them as vigorously as
we possibly can. There's nothing worse in my
estimation than the betrayal of trust and that's
what we have when one of your own people detects
and gives sanctuary and assistance to the
crminal world. _ '
How do you account than for the fact that there
has been no one who_nas strayed across the line
in all these years? It's almost unhuman.
well, I appreciate your compliment, Mr. Kelly,
which I agree with, there has been none. There
have been, of course, some allegations made
from time to time, all of which have been pursued
and found to be groundless. I think that it's
inherent in an organization which is closely
scrutinized, an organization which has a strong
inspection system but, more than anything else,
is the choice of people who are not susceptible
to this type of thing. Unquestionably, in such
a screening process some might get through.
But, than, within the FBI is a built-in system
which further prevents this possibility and that
is a tremendous pride in this very matter. That
is, that there has been no corruption. hnd, I
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although, will, of course, on occasion be sym-
pathetic to an Agent who possibly may be drinking
too much or may possibly,3for other reasons in
the area the morals might digress to some extent,
they absolutely will not countenance corruption
or defection to the criminal element or otherwise
contaminate that splendid reputation of the Bureau.
It's a unique situation. It's difficult for some
to understand. But, it's a builtin barrier to
an extension of this type of activity and, some-
thing of which we will have tremendous pride and I
personally would not hesitate one second to pursue
any allegations such as this, feeling that although
it may get wide publicity, although it may, to some
extent, harm the credibility of the FBI, it must
be done. And, I assure you, will be done. Unusual
perhaps, but nonetheless, it is present and we will
persist with this type of activity. we-don't ask
our Agents to squeel on one another, we point out
the splendid reputation that is inherent within
our tradition and is one of the finest traditions
you can possibly build.
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Mr. Kelley, earlier you spoke of the advantages and limitations
of hindsight. After having examined the records of the break-ins
and other surreptitious activity, you observed you thought it
was well intentioned, .I believe, in most cases. Did you also
observe that there was any gross misuse of authority in the
process of that-? _
I do not note in these activitie- 1 Qv
es misuse of authority.
I see a' consistent thread of well-iritentioned activities. Perhaps
now in the present society, and in the context of now and in those
times. I do not feel that it was a corruption of the trust that
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that perhaps could be wrong, but in those days there was no
intention to engage in activities which were prohibited, illegal,
or otherwise wrong. ' '
Ivir. Kelley, why wouidni anact like the bugging oi Ivjartin Luther
King's hotel room have been a betrayal of trust? These Agents
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QUESTION:
MR. KELLE Y:. _,j .3--1911"? -..,,.,_ , -9 1. '_ .- -' "_ .p1-.=- -ya; T ' ., - .-<- .r._ ' . 3"."1 - '* =4 :. ' -:I¬'-191» -I -_ . 1;, -.-'4-fr. '-.1 s I ~-- _-ii. . ?~'~ 1.. ; r~ _'~ Iéizéi-..-@r+% 3'." . _ I-' -- " - '~.~e»-:...¢:.s --atV . - .;'.;,. ,, ,;, _"-4 .-,..1..- ' 1" " " ?" -' 1-'7¥92-"'92. 7-,. _ -¢;_ ;i -_ -..-.¬d_'- __,_-.x§"'i-.i: .-. if"- - .~ :."i.1;,-I -1' 5- >.:..a,¢~ "-'~r==_ -:= - . §.>r==;-I , -_ - >-- -- :¬"i ¬7§?'";'?i*.:.::%'¢_,_,'5:%'.':}-'=*%' A 1.. Q _ ,- »; "'-Ix.. _- , 1 ----,..., M 45;;-n. t .-_- 1 - .-_-¢-- 4.1-._ 0pi~ . 4 -.- ,- . . _-. V 4-=.. .- -- Q r __
You say that it'was a matter which was then a violation of the
law. Within the warrantless wiretaps under ordinary circum-
stances they could conceivably be construed as a violation, but
under the umbrella of_ the protection oi the country they have
been authorized, so I dont subscribe to the feeling that they
knowingly, in such an installation, vilated the law with the
intent toviolate the law. -_ .
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Mr. Kelley, do -you still--does the FBI still--compile personal
information on the personal behavior of Members of Congress,
members of the press, and other people?
The FBI receives a great deal of information from time to time.
We are charged when we have a complaint to write up that
complaint. We ieelthat not only are we following the archival
rules that such must be recorded, but also we feel in discharge
_ - I
of our duties we should record it because such information might
well dovetail with some investigation that we are conducting.
People come to us to tell about these things for reasons--not
just to spill out gossip and rumor and to possibly put someone
on the spot. We inform them, for example, at the time they -
submit this i.n_foi-mation a record will be made ,o_f this but it it is
outside the jurisdiction of the FBI we so state. They know be92fore
they leave, for example, that nothing will be done about it other
than to record it. -Q '_
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gun. KELLEY: "
QUESTION:
MR. KELLEY:
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QUESTION:
MR. KELLEY:
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MR. KELLEY:
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MR. KELLEY:
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Butitisputinthefiles? , '7 _
Yes, it is put in the files. Yes sir. . 92
Whether it has to do with sex activities, or drinking too much,
or what have you? .- ' _ _
The allegations within the complaint are put into the complaint
and are put into-the file no matter what they might be. Yes.
Government officials, Members of Congress and the press,
-v
and what have you? Q - - '
Yes sir. The Department of Justice and the Bureau are now
engaged in a mutual venture to set up guidelines as to our
activity inthis regard. We will abide by those guidelines.
We do want it known, however, that some of this information
might very well be helpful to us in later investigations. The
abuse is the publication of this information, and I know of no
abuse, Jack, which we can point to. , '
Has it been used at times to try to get a person's job?
I know of none. -
You know of none? - .
Now you say to try to get a person's job? Now I don't know of
all of the activities that we're involved in--and Lsay to you, Jack
that yes there have been some accounts as to this effect. I teal
that actually were there any such activity it was on the basis of a
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feeling that these things were true and that they were of such
importance that they should be passed on.- Some of these, oi
course, are in the COINTEL Program. I was not privy to some
of these allegations. 'I assure you that this will not continue to
the present time. I have been asked what about your own feeling
about such iniormation. Since I have arrived I have not had a bit
of gossip or a bit of rumor sent to me and this is over two years.
-0-
I have not reviewed files to find out about reporters, Congress-
men or other public figures. I do not subscribe to that type of
thing. I have a file on me. It is a quite lengthy file. It includes
the investigation conducted about me at the time I was being
considered. I understand it is quite voluminous. I assure you
thatl have not read that file. I do not know'who made
complimentary statements about me. I don't know who made
derogatory statements. Perhaps, maybe, some of you may
have made such statements. I don't want to be colored in my
opinion about you by some statements which you may have made
ln good faith, and I think this substantially is what it is all about.
The c.onlidentiali,_ty and the privacy of individuals. It you, Joe
Lastelic, want to make a statement about me, -you should. I
think you should be given that right, and 1 think that the proper
forum is in one of condentiality. I have not read those so-called
gossip, rumor, or other objectionable types of materials. I am
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MR. KELLEY
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MR. KELLEY
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not going to read them, and I certainly do not sponsor any move
to revive anything such as may have once existed.
Those files will remain? Rumors, gossips--gossip, whatever
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isinit? '
Yesslr. - . ' _ -
You said-that you don't question the motives of people who come in
to give you iniormation. Do you ever check out the information
that was given to you about the people?
If it is within our jurisdiction and makes allegations which may
mount into a violation, yes, we check them out. But a mere
allegation that so andso is a sex deviate or that he is going
around conducting himself other than in a gentlemanly manner
and so forth, no, we do not just on the bare gossip stage check
that out. , 7
But, nevertheless, that remains in file. You don't check that
out, that remains in the person's file unevaluated and raw.
Is that correct? " .
That's right. Now the implication is that you should possibly
c1ear'the man. In so doing you would, oi course, he violating
your charter which is that you do not investigate matters of this
type. You might also by virture of this give-it some degree 92o,f
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MR. KELLEY
QUESTION:
MR. KELLEY:
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MR. ICELLE Y:
QUESTION:
MR. KELLEY:
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statute by investigating it. But more than anything else if we
have no business in it we shouldn't be checking it out and we
do not. - s
If you have no business in it, why are you in it at all?
We did not enter. into lt. ' .- -
Is this a file that is a part of the FBI records?
Yes sir. .. .
You won't always be the FBI Director?
That's right. I am confident of that. I am with you a thousand
percent. A
Mr. Kelley, can you tell us when you first learned of the files that
Mr. Hoover kept that were calledhis confidential or OC files and
whether or not anyone within the Bureau knew about those files
and failed to tell you about them? -
' -
Jack, that's a long answer, but Iwlll try to brief it. __I first learned
of the possibility that these files existed in January, 1974. I then'
was presented a list of some of the files and called in one of the
Assistant Directors and said what is this all about. Should they
be integrated into the general file system, and I mean by that that
we have a general file system. We have a section of our files which
ale kept in a separate room because we don't_ want everyone to o
have the capability of going into them. The man who was charged
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with the responsibility of looking into this then within a few
months retired. The next stimulation of this situation arose
after a statement appeared in the paper mentioning these files
and we immediately talked about this. stm 1 did not look at the
files. 1 then instructed that our Inspection Diirision go over them a
make a listingpf them, categorizing them. Some of them, of
course, were purely administrative, some included information
as outlined by Mr. Levi. Such a listing was made and was turned
over to the Department. Thereafter Mr. Siiberman looked them
over and thereafter Mr Levi looked them over and I made a
rather cursory check of them myself. Why did I not look these
files over in the first place? I did not construe them as being with-
0
in the realm of the so-called dossiers that had been mentioned
before and during, certainly, my confirmation. I said I did not
I
subscribe to the preparation orretention of dossiers 911 Congress-
men nor members of the Senate. I still persist in that and we have
not. My references wereabout those which were declared
improper during Mr. Gray's administration and thej were at that
time stopped. These were dossiers that were prepared on candidates
_ 1Ifor Members of Congress and those who failed in their venture
were destroyed. Those which were successful were put into the
, = 92
general files. We no longer do that and frankly, in my opinion, .
this is what was referred to. ,1 feel that these files should be
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maintained condential. I still have not given them a close
~ I 3 - A .
review. I have not done so for the very
about my own file. I don't think it will benefit me to go over
them. Under archival rules they must be preserved. In the
guidelines which are to be established, I will welcome any
.1 ¢._ _I_ __L _ _ _ _ _ ___ *"" * _ "_ no or no not preservePBRBUHRDIB BULQIBLIIIB WHICH says we EIUIBTO
them. I am anxious for us to do our work.the way it should be
" done. More than that, I cannot say. ' ,
QUESTION: _Mr. Kelley, there have been suggestions that your absences
' from Washington for family reasons have prevented you from
n getting the kind of control of the Bureau that you would have if
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There is no question whatsoever because that which I say aplies
{I .
to others should also apply to me. But, I do feel that I have
control of the organization. I have known 0! no disruptive tactics tha 92-
might have been launched to unseat me and again were there any
evidence of that and found, in my opinion, to be one which is well
_ r. .V ' Q
grounded, I would immediately leave.
. '-
QUESTION: Mr. Kelley, if I can return forulhe moment to the subject of
-u-
break-ins. You.said that conditions of national security andIn,
_foreig-n intelligence--there may have been otherareas. I wonder
ii you can be a little clearer on whether there were any break-ins
that were not related to foreign intelligence or national security?
MR. KELLEY: ll know of none. ' - ' _
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. Thank you Mr. Kelley.
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U.S. INTELLIGENCE AGENCIES AND ACTIVITIES:
DOMESTIC INTELLIGENCE PROGRAMS
Q_lI__V V __ "am." _-v 3'"- 1 92 IE-"?._e ,4 ~'=+°' * ~r-at
I _HEARINGS I ~ I
SELECT COMMITTEE ON INTELLIGENCE
U.S. HOUSE OF REPRESENTATIVES
_ NINETY-FOURTH CONGRESS
FIRST smssxon
wi----1-i
OCTOBER 9. NOVEMBER 13, 18, AND THE AFTERNOON SESSIOY OI
DECEMBER 10, 1975
-ii,
- PART 3
Printed tor the use of the
B-elect Committee on Intelligence
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iSELECT COMMITTEE ON INTELLIGENCE
OTIS G. PIKE. New York. Chairman
ROBERT N. GIAIBIO, Connecticut
JAMES V. STANTON. Ohio
RONALD V. DELLUMS. Cllllnrnll
HORGAN F. MURPHY, Ilnoll
LE8 ABPIN, Wisconsin
DALE MILFORD. Tell;
PHILIP H. HAYES. Illtllllll
WILLIAM LEHLIAN, Florida
Cnowu Axnnnn
Joan ll. A1-nun:
B11813! Bacll
Amxulnszl Ban:
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Hnsnnr I. Bnootl
Joan Bonn
Bonn Canon.
Dmuu Grrna
'1Bo1nl H. HA-I-"-Hill
Stun. M. HIGH!
Jgcqusuxn Hall
Pam: L Hanan I11
Vang: Hmnuul
Fun K. Kxllcsrrul
Cnunu 1I.A1'1'0XROBERT IICCLORY. Illlnnh
DAVID C. TREEN. Luulllll-Bl
JAM_ES P. JIM! JOHNSON, Colorado
ROBERT W. KASTEN, II.,__W'llc0nli.n
A. SBAILI FIELD, 81¢] Direolbf
Anon B. Dossn, General Casual
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Jun: C. Hnucn
Emu B. lnuzn
Inna B. F. OI.-rrnur:
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Glloon G. Bunarolb
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nCONTENTS
1 WITNESSES
October 9, 1975: _ _
Michael Hershmnn, former chief investigator, Notional Wu-etap
Commission ..... __.. ........... -... ------- .._..--. ------ --»-----< Anthony J. P. Farris, former U.S. attornely, Houston, Te: ...... --..Anthorg invilglforgieéocer, Houston olice Department; accom-pani v ' ip . reene. attorney ....... _-- ------------- -.'-Martin L. Kaiser, president, Martin L. Kaiser, Inc ..... -._ .... --.-.
James Krone Unit Chief, Antitrust and Bankruptcy Unit, FederalBureau of investigation _____ -_.--.----.-----.. ...... __- .... -_-
November 13, 1975: _ _Jerry N. Jen.-ion, Depu tyhAdrrii92nis%-rotor, Dguhgfniolicemonttretion; aecomnonie- ..v ..c..n ...-..-ner, ...-..i-., -n..ernc.iene. .r...e.!
1Aigence;A1;1il Smikly Chief, Dornestic Iigclligcncl; 1]l_1tr]lni;lP. cting istant ministrntor or nte i nee; o n era,ggrnesegic Investign.tiOnS Division; ange Donald Miller, Chieins .................................................. --' vBi'!Il:Ll D. Aere, Comnéisiorriier of Custams; accagipanied :§sG. R-ic erson, eput m ssioncr eor e rcoran, istantCommissioner, II11¥ES$iE8tiOIlS; And Alfreg DeAngelu.s, Assistant
Commissioner Enforcement Support ......................... -.Dr. Mark H. Nfoore, Assistant Professor of Public Policy, Kennedy%°ii'i;°2l°§;>§-.1 'i;'2i 3§';J;...i§¬ ii§.'i..i§Zf.;§i.§i '°" ='"'° = "' "~*"=. s -------------------- --
November 18, 1975: .
James B. Adams, Assistant to the Director, FBI, accompanied byW. }f.a;rriiond Wanna}, Assistant I "_-BI IntelligenceE2 l1.}.l92.i:5_i;...:i5_;!;1!.'._rj,Ji"-J:c'..;::. Chief; _.c'::d Ryan, Spade!" gen ; ug - e , cl gen ........ ------ ....... -------Arthur Murtngh, retired F1331 Special Agent._----------------.._--.
Robert Hardy, former FBI informant ...... ------_---------------
Lori Paton, student, University oi Virginia ............ ---.._----_.
Peter Camejo, representative of the Socialist Workers Party_____---
I1§at}$l;ftSé§dge-lag]-igrcn, rnemberdof 211% Worker; t1;arty-_--- - o eorge I verrnan, pres: en rprise-s, -__------Marcus G. Ruskin Codirector, the institute for Policy Studies-.----Additional tatimony oi: .WBeRsly6nc;1;;l592Vannal1, Assistant Director, FBI Intelligence Division.Decem r , :
Louis H. Poliak, dean, School of Low, University of Pennsylvania- ._-. 'i{.LaLam[i>i?, associate; executive director, Americans Ioreetive w 'n orcement no ................. --. ........ -...Miriilgael E. Tignr, Wi:liams,c_¢onnoIly dc galifnno, Wlishirérfon, D.C.;n Junct professor 0 aw, reorgetown n versity w later- - ---Additional statements submitted for Ithe record hy-Field, Scarle:fFIl%ISr|2emo of!August 29, 19 2, relating to Bureau'strss cover o excerpt .............................. _-.
Jonson, Jerry N.: Information relating to number of DEA employee!
subject to disciplinary action because of allegations oi corruption.
K ' M ti L P d to t user, or n .: repare s temen ....................... __-
Moore, Mark H.: Prepared statement -.. ................. .-..._.rt
Appendixes _
Appendii I.-Stn analysis: former FBI personnel Gin in ed. by LT. C T.no of October 9,1975 .......... --- ....... --.....-_?._!: ............ --
III!
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10521054
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ii itatemcnt stands
statement
t
can
iat it
a moment. I
with regard to
tho statements
during the
of non-Bureau
-The iiureaufs
could not be
it and the
app-endixes.]
I would like to
whether or not
to this
t make policy,
cc to the
testimony
and I em
for 30 vears on
in the future. I
started, how
that just got
whether it
do not have any
it. It started
practice and
Division
hat if there is
be called to
discontinue, we
Department of
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Mr. Jonas-ox. I suppose there is an Amistant. Attorney General
involved ? ' -
Mr. 9292a.92'x.92t.r.. There is an .-ltssistant .92ttoruey General in charge of
the Criminal Division. '
Mr. J OIINSON. Is that an appointed oftice! Is that one of those oices
where people serve for a while and then they go out and another person
is appointed and he goes out ? It looks to me as though this is probably
what happened--that theystarted the investigation 30 years ago and
nobody ever challenged it or stopped it.Mr. 9292.92>tN.92i.i.. It is an a iponited oiee, but I'm sure the reports arenot personally reviewed by lnm. The ' are probably reviewed y someone under him, who would certainly have some degree of continuity in
his iosition. . 'llir. _Jonxso.92-. lVhat kind of oversight in the Congress do we have
to check these thin ?Mr. 9292',92xxaLL. lgversight by Congrem? e
Mr. Jouxsox. Yes. Has anybody in the Conmess ever said, Why
are you doing_this and why_have you continued for 30 years when youhave not found there is any danger?" - '
Mr. l92'ax:92'.92r,r.. I dont know whether it would be termed oversight
as such, but I think during the entire riod of time the Director ofthe FBI testified in conneetionwith tli!: appropriations of the FBI.
Mr. Jonxsox. We have had testimony about what that kind of
testimony involved. If that is what it was, it is understandable how it
went onsolon . _Chairman like Mr. Dellums.
Mr. Di-:1.Lt:1is. Before getting into questions, I would like to say
I appieciate your going into statistics with respect to minorities em-
!"l1'ed bf the FRI. PM in a!'92{92!-epriete '9'-Ins, your e'"!'~l."}""ent of
blacks is -1.2 percent, and in a Yation where 51.2 percent of the popula-
tion is women, you have 0.4 percent women agents. ,
Now, with ies iect to your statement about the Fourth International,as 'I understand it, the Socialist Vforkers Party was ailiated with
the Fourth International back in the late 1930's.Tl1at. was not illegal.
As a result of the passage of the Voorhis Act, the $ocialist 92Vorkers
Party discontinued anyafliliation from that day to the Fourth Inter-
national which in my opinion ies in the face of your justification for
30 years of intimidation, liurglarizing, warrantless wiretaps, and
other programs you have used to _iustif_9292under the absurd nomenclature
of coniiterintelligence nrograni. ..'ith respect to the %ialist ..'orl:crsParty specically, as I understand it this morning, you testied that;tllae FBI has not engaged in surreptitious entry or burglary silicaG5.
In the fall of 1971. the oice of the Micliigan Socialist Party was
burglarized, and le. materials were taken. In April 1973. the Civil
Service onunission confronted a former SIYP member with a co _vof a. letter of resignation irom SIYP. The letter had been in tlio
hnrglarized le.
_ My questions are twofold. Has the FBI burglarized SIVP oices
in general, and specically have you burglarized Michigan oices of
the 392'i'Pi ,
ca-ia5':e1o c, 92.
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[An -aidavit signed by Norma Jean Lodico attesting to the burglaryreferred to by Mr. Delhuns and to other matters is printed on pages
1195-1196 of the appendixes] .
Mr. lVa1~rzmL1.. Congressman Dellums, this morning the late I men-tioned was 1968 as opposed to 1965. I have no knowledge that the
F BI has burglarized the Socialist llforkers Party in that or other
instances you are talking about since then.Mr. Dnnwns. You say you have no knowledge. Let me put it this
way: I would like to suggest that you check the les, and if there is
any material leading to any {acts that you burglarized the SWP orits Michigan oicenvould you supply that in writin to this committee!Mr. lVai~:xau.. The lm have en cllecked, angl assure you thereis nothing in the les to indicate that in 1971 the oice was
burglarized. . c
Mr. Dnnunus. Thank yon. _
9 FBI manual section 122, entitled Extremist Matters and Civil
Unrest, says in part:
In addition to the three principal statutes outlined above, the following statute
would pertain to iu92'esl'i_:ntlnns oi Klan eud other white hate groups,
! Civil Rights Act or iecs T18, tsc, Sec. 241!
In summary, this statute makes It unlawful for two or more persona to con-
spire to injure, Opllress. threaten, or intimidate any citizen in the free exercise
or enjoyment of any right or privilege secured to him by the Constitution orlaws oi! the United States. Additionally, It prohibits two or more persons going
in disguise on the higlnray or on the premises of another with intent to prevent
or hinder his tree exercise or enjoyment ot any rights secured by the Constitu-tion or the laws oi the United States. _
- Doesnt this in fact. describe the maior part of the FEW: lI'92lnlliglI'!9Q
activities against so-called dissent groups in this country?' Mr. 'lVai~r.92'aL1.. The entire matter relating to the so-called Cointelpro
has been reviewed and is under consideration in the Civil Rights Divi-
sion of the -Department of Justice. Te tool: our entire le on theCointelpro and made it available to the Assistant Attorney Generaland two of his deputies to review the matter. While it was not possiblefor him to look at every serial, he did look at most of the serials, and
in fact Mr. Ryan, who is at the table with me, tried to direct his atten-
tion io specic items that might be troublesomen
Following the review, he said based on his review there was no indi-
cation of a violation of the statute. He did say that if any information
is called to his attention in the future, he certainly would considerit.
1'-Ir. Dsnnnars. You indicated in testimony this morning that you
no longer have a security index le. You have an ADEX le. Docs theFBI still maintain at some location cards which have names of 13,000poisons who were on this security index? '
My point is: You say you dont have it, but dont you in fact stillhave those names, and you can call them forward at any time!
Mr. 9292-'.-92>r.92-,u.n. We have cards on 13,000. I will accept that gure. Ithink it is probably in that neighborhood. When the security indexwas discontinued by legislation of this Congrem in September of 1971,we had a program of regularly dstroying cards. They were main-tained for a certs in {i *l"lO l of time and then destroyed. I{ou'e92'cr, Sena-tor Manseld issuer instructions in January of this year that no rec-
ords should be destroyed mling the outcome of the investigations bthe Senate committee. lll l.cllll.92'0 made no destruction of any recong
since that time.
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an
Chairman Pm
M1. Milford.
hit. Luronn. '1' First, I would
with the chairm...
to her written sta
when FBI Direcl
ject of an invest:
Mr. Was1~r.92Lt-pick -up LaPradL Ir. LaPra.dc. I-Ie
of our Newark oi
Mr. Minroan. I
-eral witnesses ha _
some very disturb;
cations and allege
Under our s}_'stjuries or even in
of rebuttal by the
been accused of s
There are actual];
One is the oilici
half of the Hons
that in ecct is a
papers. _lvith little don
will detail iile sci
poured before this
Unlike our le,r_m_
through painstal;-.
are known and P
They are lcgull;
as long as someon_
ts a 1-minute Tl 1
ii the notes are Fr fllile the FBI
nights news or =19
extremely ill921_'>0l'_t=l
and detailed info!
that have been mal
You have rcbuuize that you may 1
gation t at l1as_lI'I_mittee to nish il_~.= '
or other FRI Olly"
Therefore. I WI"
monts of each and
case where the F11
1.-nl act or wliene :1
I would ask you 1
information :
! All evident
either substnniinlv 1
N...
2
1-1J .,
-|I92._-»-L_.__ I
.."4
M.P Y
5 .
4*-5'1-"o the bnrglarv
;,intcd on
I0 date I men-
cdge that the
that or other
no put. it this
nd if there is
the SWP or
is committee?
are 3,-on there
n oice was
1'5 and Civil
allowing statute
uns-
Persons to con-
e free exercise
nstitutlon or
7 persons going..-' tent tn er 1;Pr Ell
92 the Constitu-
zilntelligenco
le. on the
. ncy General
not possible
serials, and
his atten~I A P Y 92"Y92'? R-'..'f'g"i5* :-* $,,_;.i_ 1,. 1 s. n 1-
as
7-1 was no indi-
1.' 'nf0rmation
consider it.
lg that you
ll0. Does the
cs of 13,009
in fact still
iffifri
mt gure. I
urity index
her of 1971,
. wcm main-
ever, Sena-
hat no pm-
ovations biiy rccordii
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Mr. Milford. p
Mr. Mnmono. Thank you, Mr. Chairman. '
First, I would like to clear up for the record the colloquy you hadwith the chairman concerning this Lori Paton statement. Accordineg
to -her written statement the appropriate words were: I was shock
when FBI Director LaPrade wrote back denying I had been the sub-
ject of an investigation. Now the record is clear on it. _
Mr. ll".=92:-'x.92L1.. Thank you. I picked up FBI Director. did notpick up LaPrnde. In that instance, I have read the letter signed by
- Ir. Lalrade. He was not the Director. He was special agent in charge
of our Newark oice. " * -
Mr. Mlnronn. Mr. Wannall, on the surface it would seem that sev-
-eral witnesses have appeared before this committee and have given
some very disturbing testimony against the FBI. Some of these accu-
sations and allegations are very serious.
Under our system of justice, whether in our courts "or before ourjuries or even in congressional investigations, there exists the rihtof rebuttal by the accused or maligned. lliithout a doubt the FBI as
been accused of some serious aberrations and violations of our laws.
There are act-nallty two hearings going on here today.
_ Que _is_the_oillcial hearing being jcondllcted by this committee on _be-
half of tho House of Itepresentatires. The other is a public hearing
that in eect is a form of trial by television and notoriety by news-
Pa'P9l'5- '
lVith little doubt tonighifs television and tornon-ows newspapers
will detail the sensational statements made by the witnesses that ap-
peared beforethis committee today. .
Unnse our legal system ct ]nst1cc,.the press 18 not required to plod
through painstaking investigations _to assure that all legitimate facts
are known and presented to the jury or to the public. -
. They are legally free to print or broadcast any item of information
as long as Someone will simply say it-particularly if it convenientl_v
fits a 1-minute TV blurb or 300-word newspaper item, and particularlyif the notes are sensational, controversial or scandalous. -'lVh.i e the FBI is probably going to unk out as a. TV star in.to-
nights news or as a celebrity in tomon-o9292"s newspaper, I think it is
extremely important for this committees record to have the complete
and detailed infornnition concerning the allegations and accusations
that. have been made by witnesses before us today.
You have rebuttcd portions of that testimony, Mr. Wannall. I real-ize that gen may not be able to fnllv comment on each and every alle-
gation t at has been made today. The time remaining for this com-
mit-tce to nish its invest-igation will probably not allow us to call you
er other FBI oicinls back before the committee in formal hearings.
Therefore. I will ask you, as an official of the FBI, to take the state-i
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1
HOUSE OF REPRESENTATIVES
HEARINGS
BEFORE THE COP:-IMIT'1*EE
A on ' "
SELECT COI{MI'I'TEE ON INTELLIGENCE
Staff Interview
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' STAFF INTERVIEW '
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'Wednes§ay, November 5, 1975
House of Representatives
Select Committee on Intelligenc
i Washington, D. C.
The staff interview began at'2:O0 o'c1ogk p.m., in Room
B316, Rayburn House Office Building,
Present: James Oliphant, John Atkisson, and Richard
Vermeire, Committee Counsel.
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said the technique should be discontinued. _ _
Mr. Vermeire. which
…[truncated]