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104-10107-10008
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2025 RELEASE UNDER THE PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS ACT OF 1992
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RETURN TO CIA
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27-<2X
11 January 1977
MEMORANDUM FOR: Chief, SE Division
ATTENTION
:
FROM
SUBJECT
Division Security Officer
03
: (Thomas L. Briggs
SE/X/LA
Appearance As Witness In Behalf of the
United States Government
REFERENCE
: USA V. Gerald P. Hemming, Et Al. (76-371-CR-CA)
ترد
フ
1. During the period of my employment as a Special Agent at the
Drug Enforcement Administration Of
Jan 1977), I conducted an
interview of Gerald Patrick Hemming (DPOB 1 March 1937, at Los Angeles,
California) on 23 May 1975 at DEA Headquarters in Washington, D.C.
My report concerning that interview has become part of the case file
in USA v. Gerald P. Hemming, Et Al., Case Number 76-371-CR-CA,
Southern District of Florida, Miami, Florida.
2. Upon my entrance on duty in SE Division on 5 January 1977,
I orally informed the Division Security Officer, Billy Hix, about
the information in paragraph 1 above. Mr. Hix asked me to submit
the information in writing as soon as I was settled in the Division.
On 7 January 1977, however, Special Agent Robert Fredericks
telephonically contacted Hope Mason, DC/SE/X/LA, and told her that
the United States Attornery, Southern District of Florida, had
requested that I appear at the U.S. Courthouse, Miami, Florida on
10 January 1977 to confer with the Assistant United States Attorney,
Karen L. Atkinson, regarding my appearance as a witness in behalf of the
U.S. Government in the trial of Gerald P. Hemming.
3. During the afternoon of 7 January 1977 I conferred with Mr. Hix
I talked
who advised me to contact the Office of the General Counsel.
to Mr. Edmund Cohen who advised me to get in touch with the Office of
Security, External Activities Branch (OS/EAB). I completed an
Outside Activity Approval Request (Form 879), obtained the concurrence
of DC/SE, Mr. John Stein, and submitted the Form 879 to OS/EAB.
OS/EAB sent me to Central Cover Staff (Mr. Blandford) and then to the
Office of the General Counsel. After discussions with Mr. Cohen, I called
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S/A Fredericks in Miami at Mr. Cohen's suggestion. S/A Fredericks was
not available. Mr. 
Cohen then advised me to return to my office and
he would 
contact me with further instructions. Mr. Cohen retained
the Form 879. Subsequently, Mr. Cohen advised me that I should travel
to Miami 
as requested and that CIA would reimburse me for expenses
connected 
with my activities in behalf of the U.S. Government.
further advised me that being in an overt cover status I should state,
He
if asked under 
oath, that I am currently a CIA employee.
4. On 10 January 1977 I traveled to Miami where I met and
conferred with AUSA Karen Atkinson and DEA S/A Robert Fredericks.
They 
informed me that Gerald P. Hemming's case had been severed and
his 
trial would not begin on 11 January. AUSA Atkinson told me she
wanted me as a 
rebuttal witness if Gerald P. Hemming presented the
defense that 
he had been working at the direction of DEA. She said
they would 
not call me until and unless that defense was presented.
She also said 
that she felt that any attempt to question me concerning
my current 
place of employment was irrelevent and she would object to
any such 
line of questioning. She said she would only ask me where
I was employed at the time I interviewed Hemming. I returned to
Washington D.C. phe same day..
03
(Thomas L. Briggs)
YPJ
Distribution:
1
1
1
-
111
-
- CCS
· OS
OGC
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61128
SECRET
MEMORANDUM FOR THE RECORD
FROM:
Edmund Cohen
Assistant General Counsel
SUBJECT:
U.S. v. Hemming
16 January 1978
03
03
1. On 22 November 1977 the undersigned accompanied by Messrs. (Thomas
Briggs Gary Mattocks and Robert Barteaux, travelled to Miami to confer with
Judge Hoeveler, and Assistant U.S. Attorney Thomas M. Sherouse, U.S. District
Court, Southern District of Florida, about subject case. Messrs. (Briggs and
Mattocks had dealt with Mr. Hemming while they were employed by the Drug
Enforcement Administration and Mr. Sherouse wanted them available as rebuttal
witnesses. Mr. Barteaux also was sought as a possible rebuttal witness to describe
the Agency's relationship with Mr. Hemming in the event that Hemming raised a
CIA defense.
03
2. On 23 November Mr. Briggs. Mr. Barteaux and the undersigned met in
chambers with Judge Hoeveler, Mr. Sherouse, Mr. Roger Howard, law clerk to
Judge Hoeveler, and Mr. Ted Sakowitz, Public Defender for the Southern District
of Florida. Mr. Sherouse decided that Mr. Mattocks would not be required to
testify and he did not attend the meeting. The Judge initially expressed some reluc-
tance to have an ex parte conference because Mr. Hemming had assumed primary
responsibility for his own defense with only limited assistance from the Public
Defender. The Judge insisted that a transcript of the meeting be made but he
promised that the transcript would be sealed and, in fact, would not be transcribed.
3. The undersigned indicated that the Agency had no interest in the outcome
of the case and interposed no objection to the introduction of any relevant information.
Our sole concern was to protect Mr. (Briggs and his relationship with CIA both before
and after his DEA employment. The Judge was informed that Mrs. (Briggs) sole con-
nection with Hemming was on 23 May 1975 and that he had no contact with Hemming
during any period of Agency employment. The national security consequences of
exposure of Mr. Briggs) as well as the career consequences were outlined. In addition,
the Judge was informed that Mr. Barteaux was prepared to testify as an overt Agency
employee about any relationship between Hemming and CIA.
SECRET
E. 2. IMPDET
IMPDET CL BY
BY035774
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03.
4. Judge Hoeveler asked Mr. Sakowitz to cross-examine Mr. Briggs to
determine whether he had any information which might be relevant to Hemming's
defense. Mr. Sakowitz stated that although he was aware that Mr. Hemming wished
03
to call Mr. (Briggs) as a witness, he was not fully informed of all aspects of the case
and, therefore, reluctant to question Mr. Briggs Thereupon, Judge Hoeveler,
swore in Mr. (Briggs) and proceeded to ask him a series of questions to determine
whether Mr. Briggs) interaction with Mr. Hemming had been in any way connected
with his CIA employment. At the conclusion of this examination the Judge gave
Mr. Sakowitz a second opportunity to question Mr.dr.) (Briggs) and when Mr. Sakowitz
again declined, he stated that in light of the national security consequences which
had been brought to his attention he was not inclined to permit questions relating
to Mr. Briggs CIA employment.
@rigge
03
03
5. At the conclusion of the conference in chambers, but before the jury was
admitted into the courtroom, Mr. Sherouse informed Mr. Hemming that Mr. Briggs) 03
was available as a witness. When the trial proceeded Mr. Hemming concluded
his defense without calling Mr. Briggs). Mr. Sherouse, however, did call Mr.
③Briggs) as a rebuttal witness. On cross-examination Mr. Hemming asked: CMC:RKYK: :D:D:D:D:D:D:D:D:D:D:D:D:n
whether he was with CIA. Mr. Sherouse promptly objected to the question, the
Judge sustained the objection and Mr. Hemming went on to the next question. The
trial concluded soon afterwards without Mr. Barteaux being called as a witness.
It was subsequently learned that Mr. Hemming was found guilty as charged.
Eduard She
Edmund Cohen
EC: jz
Distribution:
Original LITIGATION-CRIMINAL, Hemming Gerald P.
1 - EC Signer
1 - Chrono
SECZET
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TO
:
THRU:
CLASSIFY AS APPROPRIATE
OUTSIDE ACTIVITY APPROVAL REQUEST
COMPLETE AND FORWARD ORIGINAL AND 2 COPIES TO EXTERNAL ACTIVITIES BRANCH
DIRECTOR OF SECURITY; ATTN:
EXTERNAL ACTIVITIES BRANCH
(Staff, division or office head and security officer, where assigned)
DATE
7 Jan 77
SI Division city Offic
NAME AND GRADE OF EMPLOYEE (Print or
type)
COMPONENT
FROM:
03
1/3
ROOM NO. AND BLDG.
PHONE
005229
1. FULL DESCRIPTION OF OUTSIDE ACTIVITY FOR WHICH APPROVAL IS REQUESTED INCLUDING NAMES OF ORGANIZATIONS OR INDIVIDUALS.
CONCERNED. DATES. LOCALE. ETC. (Refer to HR 10-7 before completing)
1
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2. REMARKS BY REQUESTOR
IN ENGAGING IN THE REQUESTED ACTIVITY, I WILL MAKE NO REFERENCE TO OR DISCUSS
MY CIA ASSIGNMENTS OR DUTIES. I (WILL, WILL NOT) BE IDENTIFIED AS EMPLOYED BY CIA
FOR THE FOLLOWING REASONS:
I was a CIA employed Pro: Jon 69
under cover at that tine,
(3Jan77)
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We wter anver singt my new
3. COMMENTS AND CONCURRENCE OF STAFF. DIVISION OR OFFICE HEAD
CONCUR:
DATE
SIGNATURE OF REQUESTING EMPLOYEE
SIGNATURE OF OPERATING OFFICIAL
FOR COMPLETION BY EXTERNAL ACTIVITIES BRANCH AND RETURN OF ORIGINAL TO EMPLOYEE
DATE:
SECURITY APPROVAL HAS BEEN (GRANTED, DENIED)
FOR THE ACTIVITY CONTEMPLATED BY THIS REQUEST.
(2) (FOR) CHIEF, SECURITY SUPPORT DIVISION
FORM
070 USE PREVIOUS
CLASSIFY AS
APPROPRIATE
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