Francesco/who-killed-jfk huggingface dataset:
[124-10183-10279_multirif_redacted.pdf — page 52]
Deputy Assistant Attorney GeneralCriminal DivisionDirector, FBIFEDERAL EMPLOYEE SECURITY PROGRAMEXECUTIVE ORDER 10450August 19, 1974Since the issuance of Executive Order 11785 on June 4, 1974, abolishing the Attorney General's list of designated organizations, one of the standards used by the FBI in initiating investigations of individuals pursuant to Executive Order 10450 has been eliminated. This is true with regard to investigations under captioned matter of individuals which may be initiated by the FBI based on information contained in our files as well as in evaluating requests for investigations of individuals received from other agencies and departments pursuant to Section 8(d) of Executive Order 10450.In this connection it is noted that the Criminal Division of the Department in its letter of July 11, 1974, advised that continued investigation by the FBI of the Nation of Islam is warranted because, among other things, "its reported activities appear to come within the criteria of Executive Order 10450."In view of the issuance of Executive Order 11735, it will be appreciated if you will furnish guidelines to be used by the FBI in initiating investigations of individuals under captioned matter pursuant to Executive Order 10450 and specifically criteria to be utilized in determining whether available information is sufficient basis for an investigation.1 - DirectorDepartment Security StaffNW 88326 DocId:32989603 Page 53
[124-10183-10279_multirif_redacted.pdf — page 53]
UNITED STATES GOVERNMENTMemorandumDEPARTMENT OF JUSTICETO: Clarence M. KelleyDirectorFederal Bureau of InvestigationDATE: AUG 23 1974FROM: Glen E. PommereningAssistant Attorney Generalfor AdministrationSUBJECT: Federal Employee Security ProgramExecutive Order 10450The practice as set forth in your subject memorandum of August 14, 1974, for furnishing to the Office of Management and Finance copies of investigative reports satisfies the needs of the Department.NW 88326 DocId:32989603 Page 54
[124-10183-10279_multirif_redacted.pdf — page 54]
# Assistant Attorney General for AdministrationDirector, FBIFEDERAL EMPLOYEE SECURITY PROGRAMEXECUTIVE ORDER 10450August 14, 1974This will confirm the request on August 6, 1974, of Mr. Oran H. Waterman, Director, Department Security Staff, advising he was acting on a request from your office, that copies of reports containing the results of investigations of individuals conducted under captioned matter pursuant to the provisions of Executive Order 10450 bo furnished, where pertinent, to his office directly rather than through your office. This procedure was instituted on August 6, 1974. After review by the Dopartment Security Staff it is understood that the reports are forwarded to the Crininal Division.As in the past, these reports are furnished to the Department in order that consideration may be given as to whether any Federal laws have been violated and for information concerning possibic subversive infiltration into, the Executivo Branch of the Government.With regard to a determination as to whether any Federal laws have been violated, it is noted the violations generally involve Title 18, U. S. Code, Section 1001, and a response is received from the Criminal Division.Information concerning subversive infiltration into the Executive Branch of the Government is furnished for the Department's assistance in discharging its responsibilities under Section 13 of Executive Order 10450 which reads: "The Attorney General is requested to render to the heads of departments and agencies such advice as may be requisite to enable them to establish and maintain an appropriate employee security program."It1ZMAILED 20preciated if you will advise if the practice set forth above is responsive to the needs of the Department. AUG 141974 1NW 88326 Docld:32989603 Page 55
[124-10183-10279_multirif_redacted.pdf — page 55]
# MemorandumTO: Clarence M. KelleyDirectorFederal Bureau of InvestigationFROM: Glen E. PommereningAssistant Attorney GeneralFor AdministrationSUBJECT: Federal Employee Security ProgramExecutive Order 10450DATE: NOV 1, 1974This is in response to your memoranda, entitled as above, dated May 8, 1974 and August 19, 1974, directed to the Deputy Attorney General, Criminal Division, and referring to problems which have arisen as a result of the promulgation of Executive Order 11785 which amends Executive Order 10450. In view of the involvement of my staff in these matters, I will undertake to answer your questions with the concurrence of the Criminal Division.As you know this matter has been under continuing review both in the Task Force, chaired by a representative of this office, of working level representatives of various agencies in the security field and is now under study to a lesser degree in Project #10 of the "Domestic Council on Privacy".You ask that the Department; (a) provide specific instructions to the Bureau to conduct intelligence-type investigations to identify and determine the activities of organizations now described in the amended Section 8(a) (5) of Executive Order 10450; (b) furnish guidelines to be used by the Bureau in initiating investigations of individuals under the captioned matter pursuant to Executive Order 10450 and specifically, criteria to be utilized in determining whether available information is a sufficient basis for investigation.Under the amendment to Section 8(a) (5) of Executive Order 10450, we now have only two types of organizations; (1) those which unlawfully advocate or practice the commission of acts of force or violence to prevent others from exercising their rights under the constitution or laws of the United States or
[124-10183-10279_multirif_redacted.pdf — page 56]
any State, (2) or which seek to overthrow the Government of the United States, or any State or subdivision thereof, by unlawful means. (Emphasis added).Of course, the key words which are underlined indicate that the investigation should be initially based on a possible violation of a federal (such as the Smith Act) or state statute prohibiting unlawful advocacy or the commission of any unlawful act of force or violence. However, in order for the Bureau to detect organizations with a potential of the above nature, it is important that the investigation proceed on the basis of in- formation indicating that the organization may be of the nature mentioned. It is not necessary that a crime occur before the investigation is initiated, but only that a reasonable evaluation of the available information suggests that the activities of the organization may fall within the proscription of the Order. The most recent example of the type of organization, that you have advised is becoming more prevalent, is the small but dedicated to violence, Symbionese Liberation Army (SLA). Organizations of this nature would clearly fall within the Order and should be investigated as soon as information is available indicating their potentiality for violence and of course, if possible, prior to the fulfillment of their purposes.It is true that Executive Order 11785 eliminated the prior communist, totalitarian, fascist, and subversive characterizations and definitions, but there was no intention of restricting the investigations of such organizations if their programs call for acts of force or violence or the unlawful advocacy of the com- mission of acts of force or violence in furtherance of these programs.It is not possible to set definite parameters covering the initiation of investigations of potential organizations falling within the Order but once the investigation reaches a stage that offers a basis for determining that the activities are legal in nature, then the investigation should cease, but if the investi- gation suggests a determination that the organization is engaged in illegal activities or potentially illegal activities it should continue.It follows in answer to your second question that individ- uals' who are active either as members of or as affiliates ofNW 88326 Docld:32989603 Page 57
[124-10183-10279_multirif_redacted.pdf — page 57]
organizations described above should be investigated when information is received indicating their involvement. The same yardstick indicated above for organizations in determining whether the investigation should continue, should apply concerning individuals and when a determination can reasonably be made that the individuals activities, either within the organization or as an individual, do not appear to be in violation of any law, then the investigation should cease.
[124-10183-10279_multirif_redacted.pdf — page 58]
December 11, 1974Assistant Attorney Generalfor AdministrationDirector, FBIFEDERAL EMPLOYEE SECURITY PROGRAMEXECUTIVE ORDER 10450Reference is made to your memorandum datedNovember 1, 1974, in answer to our previous inquiriesrequesting advice concerning the effect of ExecutiveOrder (50) 11735 on our investigations of organizationsand individuals engaged in subversive activities.While refcrenced memorandum advises we shoulduse the same yardstick for investigation of subversiveorganizations and subversive individuals, the commentsfollowing that advice, concerning individuals, arebelieved subject to intergrotation as being morerestrictive in scone. Specifically, concerning organ-izations, you essentially advised that when investigationdotermines the activitics are loral in nature, thanthe investigation should cesso, out if the activitiesare illegal or potentially illemal, the investigationshould continue. Concerning individuals, thememorandum advises essentially that the same yardstickbe used but adds when the activities do not appear tobe in violation of any law, then the investigation shouldcease.Further, the tenor of your memorandum,particularly comments contained in page two, paragraphone, follow the concept of investigative scope consistentwith the advice as to investication of subversiveorganizations but does appear to conflict with thelatter comments concerning investigation of individualswhere the phrase "not in violation of any law" is used.We would appreciate clarification concerning this matter.CWT/RLE:djr(7)SEE NOTE PAGE THREENW 88326 Docld:32989603 Page 59
[124-10183-10279_multirif_redacted.pdf — page 59]
Assistant Attorney Generalfor AdministrationYour memorandum of November 1, 1974, in part, responded to this Bureau's memorandum of August 19, 1974, which asked for guidelines to be used by the FBI in initiating investigations of applicants and employees in the Executive Branch of the Government pursuant to Section 8(d) of EO 10450. This Section specifically instructs other agencies to promptly refer to the TSI for investigation those cases which develop information indicating that an individual may have been subjected to coercion, influence or pressure to act contrary to the interests of the national security, or information relating to any of the other matters described therein.Since the guidelines furnished by you are concerned primarily with possible violation of law, a decision to be made by the Department, it will be appreciated if you will furnish additional guidelines to cover "sympathetic association" and other standards mentioned in Section 8(a) (2) through (8) when the investigation concerns an applicant or employee in the Executive Branch of the Government.In considering the foregoing, it should be noted the FBI has another responsibility under 10 10450 which is 'set forth in Section 5. This Section provides that whenever there is developed or received by any department or agency information indicating that the retention in employment of any officer or employee of the Government may not be clearly consistent with the interests of the national security, such information shall be forwarded to the head of the employing department or agency or his representative.Your attention is also invited to Chapter 736. of the Federal Personnel Manual, which instructs agencies to promptly refer to the FBI for investigation cases 'which develop information indicating that a person may have been subject to coercion, influence or pressure to act contrary to the interests of the national security, or information on possible disloyalty to the United States."- 2 -  NW-88326 Docld:32989603 Page 60
[124-10183-10279_multirif_redacted.pdf — page 60]
# Assistant Attorney General for AdministrationChapter 732 of the Federal Personnel Manual instructs that before an agency issues a letter of charges under 10 10450, the Department of Justice shall be consulted to assure that the rights of the employees are fully considered. Section 13 of 10 10450 requests the Attorney General to render to the heads of departments and agencies such advice as may be requisite to enable them to establish and maintain an appropriate employee security program.Available information indicates that difficulties of proof imposed by the courts in loyalty and security cases have proved almost insurmountable and as a resuit no removals or other adverse actions have been taken on these grounds for several years and the adjudicative basis has apparently shifted from loyalty and security to suitability.An early response in this matter will be appreciated.NOTE:We have corresponded with the Department concerning amendments to EO 10450 by EO 11785 and requested guidelines as to our investigations of subversive matters defined in EO 10450 as amended by EO 11785 as none have been previously furnished by the Department. This is necessary because the Federal Employee Security Program depends on subversive information originating with our subversive investigations. The foregoing requests clarification in conflicting language in the Department 's response as to subversive investigations and response to questions concerning the FBI's investigative role in the above Program.Although our original inquiry was directed to Assistant Attorney General, Criminal Division, the Department memorandum notes Assistant Attorney General, Administrative Division, answered with concurrence of the Criminal Division. We are, therefore, directing our request for clarification to Assistant Attorney General for Administration.
[124-10183-10279_multirif_redacted.pdf — page 61]
1 - Mr. J. B. Adams2 - Mr. J. A. Mintz(1 - Mr. J. B. Hotis)3 - Mr. T. W. Leavitt(1 - Mr. W. O. Cregar)(1 - Mr. T. J. McNiff)1 - Mr. Fehl1 - Mr. Steel1 - Mr. StoopsMarch 3, 1976 #MDR-6 2/6/01ALL INFORMATION CONTAINEDHEREIN IS UNCLASSIFIEDDATE 2/6/01 BY SPALMIRP62-116395 U.S. SENATE SELECT COMMITTEE TOSTUDY GOVERNMENTAL OPERATIONS WITHRESPECT TO INTELLIGENCE ACTIVITIES (SSC)Reference is made to SSC letter dated February 9, 1976, requesting appropriate FBI materials describing the policy and procedures of the Bureau for investigations carried out pursuant to Executive Order (EO) 10450, (enclosed), as amended, including, but not limited to, the standards for checking the names for Federal employees or prospective employees in FBI files (a National Agency Check) the standards for determining whether or not there is "derogatory information" in the FBI files, the policies for dissemination of such infor- mation, and the circumstances under which the FBI will conduct its own investigation of a prospective Federal employee. Set forth below is this Bureau's response to the requests mentioned in referenced letter. Also enclosed are materials responsive to the requests mentioned in referenced letter.### POLICIES AND PROCEDURES OF THE FBI FOR INVESTIGATIONS PURSUANT TO EO 10450, AS AMENDEDExecutive Order (EO) 10450, as amended, came into existence on April 27, 1953, and serves as the basic authority under which most personnel investigations are conducted at the present time involving applicants and employees in the Executive Branch.EO 10450, in its preamble, states that the interests of the national security require all persons privileged to be employed by the Government shall be reliable, trustworthy, of good conduct and character, and of complete and unswerving loyalty to the United States.Section 2 requires the agency head to maintain an effective program to insure that the employment or retention of applicants and employees is clearly consistent with the interests of the national security.Original and one copy to AG.GLS:pln/kkk14-MAIL ROOM TELETYPE UNIT> [Figure: Stamped "ENCLOSURE"]NY 8836 DocId:32989603 Page 62GPO: 1975 0 - 569-920.
[124-10183-10279_multirif_redacted.pdf — page 62]
# SENATE SELECT COMMITTEE ON INTELLIGENCE ACTIVITIES (SSC)Section 8 lists the conditions for developing information which is of investigative and, by inference, adjudicative interest.Section 13 states: "The Attorney General is requested to render to the heads of departments and agencies such advice as may be requisite to enable them to establish and maintain an appropriate employee security program."Chapter 732 of the Federal Personnel Manual instructs that before an agency issues a letter of charges under EO 10450, the Department of Justice shall be consulted to assure that the rights of the employees are fully considered.The Government Printing Office, General Accounting Office, and Library of Congress, all in the Legislative Branch, voluntarily participated in the loyalty program prescribed by EO 9835. The same agencies desired to participate in the program set up by EO 10450. These agencies again, with the approval of the Department of Justice, worked out with the Department and with the Civil Service Commission procedures for their participation in EO 10450. The results of FBI investigations under EO 10450 concerning applicants and employees of these agencies in the Legislative Branch are furnished to the Civil Service Commission, which in turn furnishes the results to the designated officials in the specific agency.Available information indicates that difficulties of proof imposed by the courts in loyalty and security cases are considered almost insurmountable and as a result no removal or other adverse actions have been taken on these grounds for several years and the adjudicative basis has shifted from loyalty and security to suitability. Thus, favorable determinations are said to be based on EO 10450 while unfavorable decisions almost always rely on the suitability provisions of Civil Service Regulations.It is noted that you have previously reviewed Section 19, "Applicant and Employee Investigations Conducted for Other Government Agencies," FBI Manual of Instructions,
[124-10183-10279_multirif_redacted.pdf — page 63]
# SENATE SELECT COMMITTEE ON INTELLIGENCE ACTIVITIES (SSC)Volume II, which contains instructions to be followed for investigations carried out pursuant to EO 10450, as amended. This should be referred to for an understanding of the FBI's policy and procedures.Section 8(d) reads as follows:There shall be referred promptly to the Federal Bureau of Investigation all investigations being conducted by any other agencies which develop information indicating that an individual may have been subjected to coercion, influence, or pressure to act contrary to the interests of the national security, or information relating to any of the matters described in subdivisions (2) through (8) of subsection (a) of this section. In cases so referred to it, the Federal Bureau of Investigation shall make a full field investigation.Chapter 736 of the Federal Personnel Manual instructs agencies to promptly refer to the FBI for investigation cases "which develop information indicating that a person may have been subject to coercion, influence, or pressure to act contrary to the interests of the national security, or information on possible disloyalty to the United States." This Chapter also requires that "information as to subversive activity on the part of employees in the Executive Branch....is referred by the employing agency.... to the Federal Bureau of Investigation" so that necessary investigation is conducted by the FBI.In a memorandum dated August 19, 1974, (enclosed), to the Deputy Assistant Attorney General, Criminal Division, with a copy for the Director, Department Security Staff, Department of Justice, reference was made to EO 11785 dated June 4, 1974, (enclosed), which abolished the Attorney General's list of designated organizations, one of the standards used by the FBI in initiating investigations of individuals pursuant to EO 10450. It was pointed out this standard was eliminated with regard to investigations of applicants and employees in the Executive Branch which may be initiated by the FBI based on information in our files
[124-10183-10279_multirif_redacted.pdf — page 64]
SENATE SELECT COMMITTEE ON INTELLIGENCE ACTIVITIES (SSC)as well as in evaluating requests for investigations of individuals received from other agencies and departments pursuant to Section 8(d) of EO 10450. Guidelines were requested for the use of the FBI in initiating investigations of individuals pursuant to EO 10450 and specifically criteria to be utilized in determining whether available information is sufficient basis for investigation under EO 10450.A response to these inquiries was made by the Assistant Attorney General for Administration on November 1, 1974, (enclosed), advising that the FBI should continue to conduct investigations to identify organizations coming within the purview of Section 8(a) (5) of EO 10450, i.e., organizations which: (1) unlawfully advocate or practice the commission of acts of force or violence to prevent others from exercising their rights under the Constitution or laws of the United States or any State; or (2) which seek to overthrow the Government of the United States or any State or subdivision thereof by unlawful means. The Department advised that if the investigation of an organization "suggests a determination that the organization is engaged in illegal activities or potentially illegal activities, it should continue."Regarding the investigation of individuals, the Department advised that members or affiliates of organizations described above should be investigated and the same yardstick should be utilized as was indicated for organizations in determining whether the investigation should continue. The Department added, however, that "when a determination can reasonably be made that the individual's activities, either within the organization or as an individual, do not appear to be in violation of any law, then the investigation should cease."In a memorandum dated December 11, 1974, (enclosed), to the Assistant Attorney General for Administration, clarification was requested of the guidelines for investigations by the FBI of applicants and employees in the Executive Branch under EO 10450 since the Department's statement that the same yardstick should be utilized in the case of organizations and individuals appears to be at variance with that used concerning organizations.