oo 87. INVESTICATIONS oF suave He 87a _ ORGANIZATIONS AND INDIVIDUALS 1. Investigative jurisdiction FBI investigations under this section are based on specific statutory :) 7 GENERAL GUIDELINES jurisdiction and Departmental instructions. gathering of material pertinent to a determination whether or not the subject has violated, or is engaged in activities which may result in @ violation of, one or more of the statutes enumerated below; or in fulfillment of Departmental instructions. There are three principal statutes which provide a basis for these investigations, as follows: ae Rebellion or insurrection (T18, USC § 2383). Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined not more than $10,000 or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.! b. Seditious conspiracy (T18, USC § 2384). "Tf two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to over- throw, put down, or to destroy by force the Government of the United States, or to levy war against them, or to’oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined not more than $20,000 or imprisoned not more than twenty years, or both." . - Ce Advocating the overthrow of the Government (T18, USC § 2385). "Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or | Investigations conducted under this section are to be directed to the L "Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or i | i \ } i group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof-- . nner "Shall be fined not more than $20,000 or imprisoned not more than 7 "Whoever organizes or helps or attempts to organize any society, twenty years, or both, and shall be ineligible for employment by 6-6-73 i 2a anger aie SRONANOT REITER AIMIRTTIOE>ED SANDS LOPIOA TEEPE OR we Relies rian atptes Se yer abn 4 MmerT ate Poa 4 Hora wn ene 9 WW 55072 Doold: 32989529 Page 1825
| = =~ sacri}? . INVESTIGATIONS OF SUBVERS! } ORGANIZATIONS AND INDIVIDUALS the United States or any department or agency thereof, for the five years next following his conviction. "Tf two or more persons conspire to commit any offense named in this section, each shall be fined not more than $20,000 or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction. "As used in this section, the terms 'organizes! and torganize', with respect to any society, group, or assembly of persons, include the recruiting of new members, the forming of new units, and the regroup- ing or expansion of existing clubs, classes, and other units of such society, group, or assembly of persons." The courts have interpreted this statute to require advocacy to action, isee, advocacy to do something, now or in the future, rather than merely to believe in something. In addition to the three principal statutes outlined above, there i are two other statutes which might provide a statutory foundation for an investigation under this section. These are: [| d. [Internal Security Act of 1950 (T 50, USC, § 783a) In addition to the three principal statutes outlined in sub- paragraphs ae, bo, and co, the Internal Security Act could provide a statutory basis for investigation of certain cases under this Section. This Act makes it unlawful to knowingly contribute to the establishment of a totalitarian dictatorship within the United States which is controlled by a foreign government, organization, or individual. +) 2. Prosecutive determination All discussions pertaining to the prosecutive potential of investigations initiated under this section will be conducted by FBIHQ with Departmental officials. These cases should not be discussed with local Ue. S. Attorney's office without FBIHQ approval. 3. Related statutes There are a number of other statutes under the FBI's investigative jurisdiction which should be borne in mind in handling these investigations. Information concerning possible violations of such statutes is frequently developed during these investigationse Where this occurs the field should consider the desirability of conducting investigation in line with the policies and procedures governing the statute in question. ° i : j i : i A list.of other Federal statutes which may arise during these investigations | is outlined in an appendix to this manuai. . i 4. Definitions i The term "subversiye activities" as used in this section denotes H activities which are aimed at overthrowing, destroying or undermining the 2 Government of the United States or any of its political subdivisions by i the illegal means prohibited by statutes enumerated in A. le above. The 3 term "subversive organization" or "subversive movement"! denotes a group A or movement which is known to engage in or advocate subversive activities, : as defined above. 3 i ? : L i | 4 715-74 NW 55072 Doold: 32989529 Page 16926
*) Se 7% . SE o 87. INVESTIGATIONS OF ior har 87A ORGANIZATIONS AND INDIWUALS Predication for investigation In all cases handled under the provisions of this section, the first communication prepared for outside dissemination (report or LHM) should show specifically the statute upon which the investigation is based together with necessary supporting facts. Where investigation has been specifically requested by Department, this should be indicated. The following examples are illustrative; however, the basis for each individual case must be tailored to the circumstances of such case. ae "This investigation is based on information that the subject's activities could involve violation of T 18, USC, § 2383 (Rebellion or Insurrection), and § 2384 (Seditious Conspiracy). A source whose reliability has not been determined has informed that the subject is planning, along with others, to travel to Washington, D. C., on April 30, 1971, to pactticipate in planned violent demonstrations during the first week in May, 1971, to ‘shut down the Government.' Demonstration plans include the blocking of streets and highways, destruction of personal and Government property, and: physical obstruction to prevent Government employees from reporting to work." b. "This investigation is based on information that the subject's activities could involve a violation of T 18, USC, § 2385 (Advocating the overthrow of the Government). The subject is an admitted member (or has beén identified as a member by a confidential source who has provided reliable information in the past) of (name of group). The (name of group) in its public statements and publications advocates the desirability and necessity of overthrowing the U. S. Government by force or violence, and the assassination of U. S. Government officers. The same source has reported that the subject actively supports these positions." Where possible, the first intra~Bureau communication prepared which indicates that investigation is being[conducted]should specificaily indicate the statutory basis for the investigation. However, there ‘may be occasions involving individuals or groups in contact with known subversive elements where the purpose of the contact is not initially known and where a preliminary inquiry must be made to determine whether a statutory basis exists for full investigation. In these instances, a preliminary inquiry may be undertaken, through estab- lished sources, for a period not to exceed 90 days, without specifically indicating the specific statutory basis for the inquiry. If after the conclusion of 90 days it has not been possible to establish a statutory basis but further inquiry appears necessary, FBIHQ must be furnished a succinct summary of the facts by letter together with specific recommendations as to further action. In all cases, of course, investigations must be based on indications that subject may be engaged in subversive activity, whether or not a specific statutory basis is cited. . In the event preliminary inquiries fail to establish a sound basis for investigation, the case should be promptiy closed and there is. no need to advise FBIHQ (unless FBIHQ has been previously advised of the inquiry). Nor is there any need to prepare an LHM or report where no pertinent subversive derogatory information has been developed. If the statutory basis for an investigation should change or be expanded to include an additional statute or statutes, the first | communication prepared subsequent to such change or expansion should specifically show such changes. Similarly, this information should be included in the next report or LHM prepared in the case. 5 5-13-74 . (“MW 55072 Doold:32989529 Page 1827
s, SECL. @«. INVESTIGATIONS OF suave, @ ORGANIZATIONS AND INDIVIDUALS 6. Accuracy of characterizations . Assure that statements relating to characterizations of an individual +») or organization, or relating to affiliations with or membership in any organization, are founded on firm bases. Identify sources for such characterizations or statements of affiliation or membership if such { characterizations, affiliations or memberships are not commonly and i publicly known. | 7. Investigations and contacts with individuals connected with institutions ; of learning | | i | ¥ a» Prior FBIHQ approval is required to: (1) Institute investigation of a faculty member or an organization connected with an educational institution. (2) Interview any student or faculty member who is not an established source. (Requests to conduct interviews must include individual's name, position, and an assessment of his reliability and dis- cretion.) | be Contacts with established sources in an administrative capacity may i be, made on campus. Contacts with other established sources, e.g., } students and nonacademic employees, should be made off campus. i 8. Use of officers from other agencies Members of other law enforcement or intelligence agencies are not to i accompany Agents handling these investigations without specific approval ; by the SAC. 5 ; : i Be INVESTIGATION OF ORGANIZATIONS i 1. Purpose j To develop evidence of any violations of statutes enumerated in A. l. above and to keep the Department and other agencies and officials of the \ Executive Branch apprised of information developed which pertains to i their areas of interest and responsibility. — | 2- Responsibility to initiate investigations ) i When information is received indicating an organization may be engaged . i in subversive activities or may be a front group for subversive organiza- tion, field office should initiate preliminary investigation confined to established sources. Notify FBIHQ that investigation has been undertaken. E [ Within[90]days submit results by letter with recommendation as to whether or not further investigation is warranted. i 3. Scope of investigation . : Pertinent data concerning following items should be obtained and reported: ae Origin and scope Date and circumstances of founding including any incorporation data. Identities of organizers. Location of headquarters and chapters or affiliates, if any. be. Stated aims and purposes, especially any information showing advocacy of violence or illegal activity. ce. Officers Principal officers and/or leaders with succinct resume of subversive backgrounds, if any. d. Membership ; Total active membership, including logical breakdowns by organizational structure and geographical area, if applicable. If exact membership figures are not available and estimates are given, be certain they are plainly shown as estimates. In cover pages or cover communications, include evaluation of reliability of membership figures cited, as well as comments concerning any significant factors involving membership, @ege, increases or decreases, notable shift in composition of group by age, sex, nationality, etc. Be certain to secure accurate descrip- tion of all lists referred to so as to avoid confusion as to exact identity or significance of such lists. . e. Publications ~, All publications of group with emphasis on any which clearly depict D subversive character of organization. 6 9-13-73 APE tar yrtteemsn Amer Dn tbe Ver AEDs ere FET ACL AL A IEDR AULT ta Pere etrvemme tly tanimatAty iy Arends T NW 55072 Doold: 32989525 Page 18238