/ ~ U. S$. SENATE SELECT COMMITTEE ON INTELLIGENCE ACTIVITIES (SSC) é a ~~ Enclosed is the original of a memorandm, with 2 attachnent, which reports the results of on intervicy of — former FBI Assistant Director Dwight J, Dalbey by SSC Staff > Member John T, ELLI££. A copy of the memorandum, with _ attachnent, is also being furnished for forwarding to “! Mr. Jones A. Wilderatter, Associate Counsel to the President. * < Enelosures (4) — 62~116395 C 1 - The Deputy Attorney General 7 Attention: Michael E. Shaheen, Jr. i Special Counsel for Intelligence Coordination ua 1 - 674 (Personnel File Former AD Dwight J. Dalbey) 2 CIO) Ihlo ALD INFORMATION CONTAINED HEREDN i one | Assoc. Dir. wy, fs Dep. AD nw EX-L 19 Asst. Dir.: te Admia, _______ thom 3 . Jf Conn Syst. REE. 45 wir ‘he. > fv< ne - JOC Fy Ext. Affairs —— ed (4a Files & Com. bro 7) MES fix CE; Gen. Inv. 5 — Le </ Ident. ___ i} > J Inspection < t T sboverory ‘ . ¢ . fun 4 — Ce Plan. & Eval. — ) ‘ caw g|_A 15 Nov 21 1975 wee coe WA i oe - 2 . sd a NBV _ TELETYPE UNIT (__] Al r mt ee *. wer ; GPO : 1975 © - 568-920 NOVe Bil Frooosaa Page ? Us 4 \h AME 4 ME. J. Q. 1. ote ‘ 1 « a 1+ Me. W. {he Attorney General L - Mr, . 1-Mr. S.F Director, FBI W- OgtoBEtS29, 1975 A. Mintz R. Wannall . Phillips
a al * a A B. Adams . il - Mr. J. A. Mintz 1» Mr. W. R. Wannall Ll - Mr. W. 0. Cregar 1 - Mr. S. F. Phillips 62-416995 Qetober 29, 1975 U. S. SENATE SELECT COMMITI“ZE To STUDY GOVERNMENTAL OPERATIONS WITH RESPECT TO INTELLIGENCE ACTIVITIES (Ssc) RE: QITERVIEY OF FORMER PBL ASSISTANT DIRECTOR (AD) BNIGHE J. BALSEY BY SSC STARE MEMBER ALL INFORMATION CONTAINED Of Assoc. Dir. Dep. AD t Asst. D Admin. Ext. Affairs Files & Com Gen. Inv. Ident. HW 55077 L __. TERE LASSIFTED- je a pe canunl2 Dep. AD Adm. — . ny wn 1 = 67» (Personnel File Former AD Dwight J. Dalbey) Comp. Syst. —— wt Of the Legal Counsel, Division. vo i acs Yor Legol Coun. —— “ee lod. Sf 7 ee aa Telephone Rm. — Director Sec’'y MAIL ROOM([_] TELETYPE UNIT [__] Si ; The folieving pertaius to an interview of ie. Dalbey by SSC Staff Member John ¥. EULI£E. On Asgust 22, 1975, Mr. ELLE requested of the FDI's Legak Counsel Division that Mr, Bakbey be made available for a Staff Interview and that the topic of the interview would be a general historical perspective concerning the formation, duties and functions of the Legal Counsel Division. The URI waived Dalbey's confidentiakity agreement for the purpose of the intervie. Following the interview, Dalbey voluntarily furnished the results in the form of a letter to Mr. John 4. iintz, currently 45 of the Legal Counsel Division. éttached herewith is a cepy of that letter with cortain excisions which were made for reasons of the excised “ete being either personal in nature or mot pertinent. = SFE : inp Ihb | ye > bei te ye WG NOTE: ELLif£'s contact was with Supervisor P. V. Daly cen atid ¢ 10 + 1975 O - 569-920 ENCLOSURE Docld: 327989534 Page 3
yf tas a ‘Dwight J. Dalbey”’ Mey ; @ £703 Hempstead Avenue é mee \ * * ee. , - oe. . i . . * . Bethesda, Maryland 20034 . . , . 7 4 “ . October 1, 1975 : : Mr, John A. Mintz , : . . | i Assistant Director ; an . - oa i Federal bureau of Investigation ° : Washington; D.C. ; Kun NFO ORATION CONTAINED: ” a a | a "HEREIN JS BYU Za of Dear John: , DATEL. : . st inpp-le 0 It is two weeks today that J was interviewed by Mr. ElLif£ of the Senate Committee, in the Senate Offica Building, pursuant to arrangements which you made at his request, Knowing that you and the Bureau miazht be interested in ‘1 recelving a synopsis of that interview, I admit that I am delinquent in my reporting. {hentia eerie MRE cre ee - i : } ae The interview began at 10:00 asm and lasted for two and one-half hours. Ie -} was Pleasant enough in all wietioreance conducted in good humor Chroughour, “? oi saodl remain EE ESS? Sf oo ste uaa Sees eS nterviewing me Was to learn the origins and funce — Legal Counsel. So, during mucn of the interviev I talked and ha vrote curiousiy. Synopsisad, of course, I went through* tne his tory as follows. . . : a : In the beginning-dating everything (as in Christianity) from the time that "a certain noted figure took over-there was no ineheuss counsel. :There seem to ’ be two reasons, First, the vast majority of she Agants were law trained, I think : the figure for 1940, when I entered, as 90 per cent. Thus the Agents ware equippe ed by training to provide their own legal guic@lines, Second, the criminal law *- Was at that tine very simpla, Few of the FBI arrests, searches, and interroge~ |: tions were challenged in the. courts. . - i. During ‘this pertod the unofficial in-house counsel was Judge Noltzoff, Chan | @ prominent lawyer in- the Departnent of Justica, Vnen Hoover had a legal ques- tion of significance he consulted Hottzof£3; the old fFilas so show, . Somewhare in the middle 1940's (CT cuass at this from inadanuata data) tha FSI decided for soma reason not known to me to set uv the Legal Research Yes's in the then training and Inspection Division, I suppose that as bhe jurisdic. i tion and the staff of the BI grew sviftly so also did the nuaber of legal quastions ralaed, Co the polnt where Che informal HoovereHoltzoff system provad inadequate, Te was a ona-man desk, occupied by, ku among others, Inspectur URA¥ } James Carlson, Chester vontz (now daceased), Frank Strong, Mace Scovall, and others unknown to me. I took over in 1955. . a. ee Beginning hhortly after my a the volume of lagal questions began to CO 6 Ralhle ° Ps— OCF 5077 Docld:32989534-- Page 4__.- . vee mew ncerenima te Das ceremeine ee a L
as ¥ . ; his public A . " Dwight J. Dalbey é eta 8 . _ * @. _8703 Hempstead Avenue - . ‘. ; : . . . ' Bethesda, Maryland 20034 - . swell, This development followed on the new "activist" approach of the Supreme Court under Warren which brought the landmark decisions of Mallory, Mapp, hire anda, and so.inany others, all of which complicated the criminal law enormously . for both FBI Agents and for the officers: of other jurisdictions to whom the -FBI taught criminal law in the FBI National Academy and elsawhaere, More than that, : these decisions came at a time when the percentage of lawyers in the Agent force ‘had greatly declined. It thus was obvious that both the supervision of legal watters and the training given to Agents and other officers must be greatly ine ooo creased. This brought y ou and John ilotis and others into the function, for ; Donelan and I could no longer carry the load. The final step was the establishment of tha Office of Legal Counsel _as a save arate division of Ehe FBI. This happened without advance notica-to me. It was .. din January or February of 1971 (memory fades) when Hoover calléd me to-his off. ice, He opened by naming about five Federal ‘law enforcement agancies such as the Secret Service, the marcotics Bureau, and others, that had their own comnsel : and concludad by saying that the FBI had greater naed of in-house counsel than . ; any of these, He made me Inspactor in Charge, ard 17 days later made me Assis~. tant Director. . . . - ot. coe -El1liZ was interested in knowing why Hoover chose that momant to create the * naw division, I told him, and quite truthfully, that I did not know-Hosver did not say, at least not to me, ELLIff pressed the matter, ica and I pointed out “4 that I could only speculate. The best spaculation, in my opinion, is that the tated to the extreme embarassment which Game to Hoover because of ; statement, prior to any grand jury action, concerning the evidence i against those two priests and their followers who were alleged to be planning : we Tas x, i aye WwW to blow up the District sewar system. That statement, I pointed out, was never brought to my attention until after it had been made, Had I known of it in ade vance, I would have strongly counseled against it. Somewhere in this.time area, .. ‘I speculated, Hoover must have decided that he badly needed a closer Legal mons - . . nh ”, ° . . . : This brought up the anamolous position so long occupied by the Legal Research . - Desk which had so troubled ine. I was absolutely and totaily responsible for ane sering any legal question raised to my by anyone in the FBI, but I had no au- .. thority whatsoever to inquira into legal problems not raised to mes This unzix -: situation changed completely when the new division was established, Cur fix erders from Noovsr were to "see everything" soing out of the FRI that might . embody or affect a legal question. We strove manfully to do so for a while, but - tne volume of panzer cominz across thea dask was simply too Larse. So, With Hoovar’®: permission and over his’ sisnature, I put out a motice to all headquarters pers. ennel which made each supervisor, division, etc., initially responstble for - : recomnizing tha actual or possible existence of a legal problem and which dirs ; ected them to bring all such problems to our attention. And so it went until I retired, , . , ad $e + ere eee le ELLL££ was interested in knowing why I was so quickly raised from Inspactore ineCharge to Assistant Diractor. Again, Hoover never told ma, but if one must speculate T would sugsast that it was because I handled to his satisfaction two ‘serious legal matters which came up in the first few days. One was a proposal | . “| HW 55077 Docld:32989534 Page 5 a . a = an tee | . 4 itoring of everything that went on in tha FBie St . I . . i i Por pynonermmeleney plone ee cyt trspiaen yy Saf oy “Ona Pama sme EE MERE, BEA wh i 26 MW fAR WO EIROTEEROY EGR 2 OMS Apert toneet TRANG GTS aka ptm He the A REDIAIT t t [tescererenneryemeazanierr mire rivets rer ruvrnemerrwernytmringnmer ya" #2 8tor beet Sonate
HW 55077 -, Docld:32989534.- Page 6. . . ae . a : ' . "Dwight J. Dalbey ; ‘ ro - . @ £703 Hempstead Avenue a . ~ . , ’ Bethesda, Maryland 20034 - Swe from the General Intelligance Division that a file be estabilshed on each Sene ator ‘and U.S. Representative and that.into Ehat file be thrown all miscellaneous ‘Information concerning the person that came to our attention without investiga- tion, The purpose was entirely innocent, and of some efficiency, viewed solely fcom an investigative standpoint, The FBI had lately become responsible for in- vestigatinzg attacks against these peovle, and it is sensible to belleve that the “more ‘the Agent knows about the victim the better tha chance he has cf solving the crime, But, I countered, the fact that the #3I kept such files would filter cut to public knovledze and immediately be misinterpreted to mean that the FBI was) actively surveilling and monitoring the activities of the legislators. This vould mot do. “oover agreed, About the same time there came from the Domestic Intallie+ gence Division a proposal that an informant -be sent to Canada to gather informe ation -there on certain U.S. citizens in whom the *3I had a Legitimate’ incarest. Canada was not to be infowmed. I countered that this vas unwise} something of the same kind had happened’a few years earhier, had been discovered, and had r sulted in quite a stink being raised in the Canadian Parliament. I sugsested that the FBI work kx this informant through the RCHP, Hoover agreed, and it was so ct ct done to the benefit of both this country and Canada and without'an unfortunate . incident. | . a oo, Loe, Both these matters, it might be pointed out, Were not strictly legal, Eut the effective lawyar remembers that just as no man is an island neither is a Legal question. The question exists always in soma poiitical, economic, sociological, : or philosophical context, and these may alter or even change what would athere wise be the narrow legal answer to a probiem. 2 We next discussed, at ELLiff's request, the functions of the Office of Legal Counsel, More pointedly, why could not these functions be performed by the U.S. Attorney and the Department of Justice? For many reasons, I said. First, and in general, it defies all common sense and the laws of human nature to believe that the Director of the FBI and his people can get adequate counsel from any lawyer - over whom they have no control whatsoaver, whom they do not pay, promote or dew mote, The FBI must necessarily be in a position to demand a quick answer from counsel. The SAC in Butte, for example, may call at 10:00 asm, or 10:09 Demy as the situation raquires. de has located a fugitive, and sees a potential search problem. Yea might get a good ansger from the Department If wa write them_a mero and wait three weeks (and again we might not, clepending on who answers the tion over there). But the SAC cannot freeze the situation for three weeks the SAC needs a positive ansver-a ''do this" and “dontt do that” answer, Ss i to the point, and susceptibdle of being transiated into limediate action. None o this “on the one hand but however on the other" type of answer that bureaucrats so often give. the FBI can command such an answer of its own counsel, and of no other, Nor can the U.S, Attorney be relied upon for such answers, for several reasons. iany of the assistants are recently graduated schoolboys whose know. - ledge of the criminal law is "hornbook'® variety. Some U.S. Attorneys are overly cautious, reluctant. to take a stand, with the result that Che FBI would underuse its authority, to the public detriment, Some are ageressive prosecutors out ‘to mae a name for themselves and not a bit reluctant to authorize an arrest or search on dubious grounds, secure in the ‘knowledge that if the action fails the . newspaper headlines wlll trhmpet the fact that it was the "FBI search" or arregt ec pe that was illegal, making no mention of the “authority on which the action was ay sinttite & i eat Nps Sag, Br at ad SEE REALLY EDIT Amar | A WDA tS:
y moe, mo ‘ @ - Dwight J. Dalbey ' @. ot . —_ a : aS ee i. 8703 Hempstead Avenue . . may, ; _ cet ° Bethesda, Morylond 20034 . . wt taken. Thus it is that the Fal desire to keep {ts legal actions clean'‘as a hound's tooth may conflict with the ambition of the prosecutor. I still ramember an Assistant. U.S, Attorney who spent half an hour on the telephone trying to harangue, badger and Dluf£f me into sending Agents out to arrest a Secret Serve ice fugitive when both he and I knew that wa had no jurisdiction to make‘such an arrest,.-And then some U.S, Attorneys simply went haywire in their interprat- ation of the law, If I zemeber correctly, it was the U.S. Attorneys in the tast- ¢ ern District of Illinois and one the the districts ae Misaissippl who once took 7 the position that a person arrested by the FBI mu be brought bafore the then Commissioner by tne arrestéedg Agent and by no othet, z had “to fieht them both . cown on that one and it toox a bit of doing. So, nere again the FBI needed its : cin counsel. . . : . . i Functions of FBI inehouse counsel break down into a faw obvious categories . > Y told Z1liff. Counsel must to some reasobable oxtent rove through currant FBI . work Looking Zor problems, present and potential. Some can be S0lved on the spot, so to speax, Others must be taken to the Depariment, such as those which necesse bial acily involve Department or Administration policy, or which are of such po for damaze that the FS{ wants before acting to exhaust all expert advice availe-. able to it, It is a matter of considerable discretion to decide which questions can and should be ansvered in-house, in order to not be badgering the Depertmet every other minute, and which must be raised to the Departmant. This can be done by an experienced FBI Agent-Lawyer, and by no other. And then there is the con- stant need for FSI legal instruction, which I deseribed but on which I did not dwell, bslieving the need to be obvious: and; in general, for the same reasons as those discussed above. ; Leo To an GBs ime E SO mah SASS SERS Z gmt Dara SEN ee | bye fe . . . In response to ELLIFEFE's questions I admitted that the ereat bulk of the work - of the Office of Legal Counsel came from the oriminal side of FBI jurisdiction. ”, And quite naturally so, It was (I speak of my time only)in the criminal area that most of the Agents were employed. And it was with some historical justi- £ication that those doing intellise ence Work thought themselves not responsi bie te the criminal law, althousn we did all possitle to knock that error out of . their heads, They thought themselves only intelligence gatherers, and so they . * Were until the case suddenly turned into the offense of espionage or some other, , It was then that we got such flascoes as that "high Sierras" case, which Noover anerily labeled the worst searcn he had over saan, The Agents took everything- everything-in the cabin, carted it hundreds of miles to San rrancisco for fur- ther examination, and we lost the search in the Supreme Court. They never asked . for advice of counsel. Without the effective presence of-in-house counsel how: . Upreat the danger today of another such fiasco when so few of the Agents are ‘Law- trained. | ° ; ote Do a ° . . This discusssion Led to talk of the slender legal jurisdictton for the work * ‘of the Domestic Intellijyence Division. I told ELLI££ that some in the FBI had long been dissatisfied with tha matter, that I was among them, and that when &d $iller became Assistant Director ha had labored mtuhtily for a change. Here f warned ELLIfE that it.would be easy to so clircumseribe FBI jurisdiction in this HW 55077 DBocld: 329899534 Page 7 . . . Ed + @ pe
re t " “Divight J, Datbey ocr * Td 8703 Hempstead Avanue eo “cs Bethesda, Maryland 20034 . ". og a 7 . 4 ’ . . . * . *, . / area as to make the PBI no threat to the Lihurtles of anyona, and totally without pover-totally emasculated-to perform the functions which the public interest demands and which the great wajority of our citizens expect the FBI to perform, and well, The law must always leave, as Justice Holmes once sald, ‘some play in the joints," some room for judgnent and. decision of those who are responsible Zor the work. . ; : . . . : : : : Cy Tree TE rn hag, OR SREP Tate “a “geet eee In answer to ELLif£ft's questions, I disclaimed all responsibilit cy of ‘he Office of Legal Counsel and the Legal Research Dusk for all “dirty tricks," burglarlesy and so one The great bulk of these occurred during my “anamalous simuation! _ Gaserided earlier; I was naver consulted or advis ed in advance. Nor was the lag. ality of any such pending action raised to me after establishment of the SFEi of Legal Counsel. I said fhat I had early made it clear that_I stood for legal. “ity in all matters, being of the opinion. that lesality, Like honascy, is the best policy in the long run no matter ff ow onerous it may seam in some individual case, lly lodastarc was found very early in a-note Chat Hoover had penned to a memo foom the General Investigative decision complaining of thea difficulties chron in our path by the Hallory decision. Hoover wrote, "It is the law and we will obey it," That became the philosophy of the Legal Research Desk and of the Office . Of Legal Counsel, A fewevery fow=names came up, ELLI££ seemed to think that hoover might have - * counseled with me on the "lockout" of W.C. Sullivan. He did not, and I made that clear, I refnsed to enter into any discussion of the hoovereSuliivan relations, pointing out that I had hearsay only, except to confirm that it appeared to bea the foreign liaison matter which generated the fracas, . . a - Felt's name came up but it was tneonsequential~I now Forget how. I did point out that ofing to directions jot which Hoover gave to me, arid in his usvally ; ‘eertain terms, once { became head of the Office of Legal Counsel the respon~ at “ sibility for legal matter’ran from me directly to him and that I had no other. fe bosses on such matters. I didn't say so to BILif£ but IJ think that some of the or ' tpower" in the ‘Bureau had soma difficulty, for a While, in grasping that fact. -" But so Hoover told im me and since I was eligible to retire anyway I acted ace~ Stee ye , ordingly. -7 ; + , Director Kelley was not mentioned at all, nor Was Pat Gray so far as I can a remember, ELLiI£€ mentioned you and Hotis in some Way conveying the idea that . ” you both are quite decent chaps, with which I readily agresd. Ei . B} . . oe by . Seeaaeect’ Sia STO RAO RNAS peice sence ee eID g, em Res aad PEI TAP CeRS In SITTIN ARGENT! oat todo EE Teaco Pa eee | “ aa i You, edn a ber na FD elas eS ; eee = EH EEE oe ssi ; . . . . Regards, as always & . mngeseeen eee . HW 55077 Docld:3298995354 Page 6
, HW 55077 Docld: 329895354 Page 4 ; @ NOTE: SEE INSTRUCTIONS ON REVERSE - — : CLASSIFY AS APPROPRIATE BEFORE COMPLETING. TO: Intelligence Cotmmun ity Staff | FROM: ATIN: Central Index ‘ FST SUBJECT: Abstract of Information Provided to Select Committees 1. HOW PROVIDED (check appropriate term. If a document was made available 2. DATE PROVIDED for review but not transmitted, so note.) | [ocument [| orrerins | BM [interview] | testiwony | [otwer | 20/29/75 the Attorney General with a copy for forwarding t the Whie House PY i. __ - IDENTIFICATION (provide descriptive data for documents; interviewee, testifier and subject) give name or identification number of briefer, icrorandan raporting results of an interviey by SSC Staf£ ienber of Assistant Director Dwight J. Dalbay £oreer - CLASSIFICATION OF {NFORMATION (enter U, C, S$, TS or Codeword) u . KEY WORDS (enter the appropriate key words from the list provided separately; if key words not listed are used underline for emphasis) . IN RESPONSE TO (List date and item number if in response to formal request, other- wise state verbal request of (name), initiative, subpoena, etc.) WA Operating procedures urconizotion and staffing is. SUMMARY (See reverse side before complet ing this item) interviewed renarding the formation, duties ond functions of the Lopal Counsel Division. 62-116395 PRR: fmk t4) ORIGINAL VIA LIATSON TO CENTRAL COMMUNITY INDEX TN CONNECTION WITH SENSTUDY 75 ALL INFORMATION CONTAINED SERRE IS ENCES UNNI DAT BY. Mina BUS H tests Bali WY CLASSIFY AS APPROPRIATE a 3791 «s-75)
HW 55077 INSTRUCTIONS Type or print clearly in ink. e Indicate classification of the abstract top and bottom. e Date the abstract and put on any internal control numbers required, e "FROM" entry should clearly identify the organization providing the information. e If additions (as when a copy of document sent to SSC is later sent to HSC) or changes to a previously submitted form are necessary, submit a copy of the original abstract, with the change indicated. SPECIFIC ITEM NO. 8. SUMMARY ~- enter brief narrative statement describing substance of information and showing relationship to Intelligence Community matters if appropriate. Any feedback or evidence of investigatory interests should be noted. Commitments made to supply additional information should be noted, Additionally, certain administrative information may be entered here, e.g., restrictions on review of a document, if document was paraphrased, whether interviewee is current or former employee, etc. If actual document or transcript is provided, that fact should be noted and no summary is required. Additional pages may be attached if necessary. . Docld: 32989534 Page 10
na eens | ‘ y - i ners Se Le | Sh ane MME: SEE INSTRUCTIONS “OR REVERSE ’ CLASSIFY AS APPROPRIATE BEFORE COMPLETING. | TO: Intelligence Community Staff FROM: ATIN: Central Index PDT SUBJECT: Abstract of Information Provided to Select Committees 1. HOW PROVIDED (check appropriate term. If a document was made available 2. DATE PROVIDED for review but not transmitted, so note.) | Teccmnent |_[orrerine [SQ [umrenview| —[restmmonr | [ormen | 10/28/75 3. TO WHOM PROVIDED (check appropriate term; add specific names if appropriate) | [ssc | dnc | 4. IDENTIFICATION (provide descriptive data for documents; give name or identification number of briefer, interviewee, testifier and subject) fhe fttorney General with a copy for forwarding to the UVhite House ifmorandum reporting results of on interview by S5C Staff Nombor of Special Agents Wiilion A. Branigan ond James F. Lea . IN RESPONSE TO (list date and item number if in response to formal request, other- wise state verbal request of (name), initiative, subpoena, etc.) - CLASSIFICATION OF INFORMATION (enter U, C, S, TS or Codeword) 5 “Fs . KEY worps (enter the appropriate key words from the list provided separately; if key words not listed are used underline for emphasis Intelligence collection = ALL tercrrero dowranmup ) Eee ig.esoren ff information handling bate ee Se if n . SUMMARY (See reverse side before completing this item) Interviewed rognrding mail epenings, uall intercept prograns and the Hunter Project. 62-LL6395 | PMMA: fms (4) ORIGINAL VIA LIAISON TO CENTRAL COMAJNITY INDEX IN CONNECTION WITH SENSTUDY 75° TREAT AS YELLOW «GW? ‘i CLASSIFY AS APPROPRIATE 379] (6-75) HW 55077 Docld:32989534 Page 11
TO FROM ‘Lega’ Counse€ i INFORMATION © gr EERS : v7 ouns ERE | 13 ONCL aS LO DATs 0. suBjeor :SENSTUDY 75 re ~ OPTIONAL FORM NO, 10 4 rd MAY 1962 EDITION 7s J GSA FPAR (42 CFR) 101~11.6 ’ UNITED STATES GOVERNMENT “a oage . Dep Ae inv. A Asst. Dit.: Memorandum oh f Comp. Syst. _ Ext. Affairs ‘Mr. J. By“ Adams DATE: 11/13/75 Gone v Ident. - / Inspection Intell. Lobo GE “ts all Co OVI. Vevel. _ h-le Spec. Inv. Training Telephone Rm. — Director Sec'y On 11/11/75, at.'3:20 p.m., SA Richard T. Taylor, Jr., met with Mark Gitenstein and Mary De Oreo, SSC. counsel, at the apartment of Miss: Helen Gandy, 4801 Connecticut. Avenue , N.W. apartment 915, at which time a copy of an inventory of Mr. ‘Hoover' s Official and Confidential File, prepared by Mrs. Erma Metcalf, was furnished Gitenstein and De Oreo. Also present was a male SSC stenotype reporter. Previous arrange~ ments had been made by SSC for Miss Gandy's interview in her apartment. Following delivery of the file material and an exchange of introductions, SA Taylor departed the apartment and returned to the building lobby, xemaining there ‘until the conclusion of the interview at 4:45 p.m., when Gitenstein and his associates appeared and returned the material. SA Taylor revisited Miss Gandy who advised the interview had been cordial and consisted chiefly in a repetition of questions previously asked by Gitensteiy and De Oreo of her and former Assistant Director Mohr at SSC. Wa Gitenstein advised Miss Gandy that a transcript of her interview gs would be returned to her for editing. SA Taylor departed the {} apartment at 4:50 p.m. ae * RECOMMENDATION : \ For information. Si 104 oN RECA Gf Ae - Van “Mt ho 3 Py 1-Mr. Wannall | tronamstas wenntemanaset sonsicoecen 1-Mr. Cregar A . 1-Mr. Hotis Ae OV 20 1975 1-Mr. Daly 1-Mr. Taylor RTT: lgp_¢ & L (8) 7% weak on il, ocId:329895Fyy PAGS Wings Bonds Regularly on the Payroll Savings Plan
Dep.-A.D.-Adm__ ; Dep.A.D.-Inv. j Asst. Dir.; : } Admin. i | , , d.. BUREAU OF INVESTIGATICN® *~ ao “COMMUNICATIONS SECTION NOV 14 1975 | PELE: YPE \ NR 907 OC rate TELETYPE 810 PM NITEL Noy/14, 1975. DAF TO DIRECTOR” 62-116395 i i Comp. Syst. _ __ j Ext. Affairs __ } Files & Com. —__ f' Gen. Inv. 1 Ident. __. ag ‘. oni tay | Intell N/A We ) Laboratory _W_| j Plan. & Eval, i Spec. Inv, ~ Craining Legal Cou 1/7} FROM OKLAHOMA CITY 62-4107 ATTN: .fTND, W. 0. CREGAR vA i sedstupy 75 } 4 Ol SE RE OKLA. CITY TEL TO BUREAU NOVEMBER 12, 1975. | AGENT, CONTACTED OKLA. CITY OFFICE NOVEMBER 14, 1975, HE - “WAS ADVISED POSSIBLE INTEREST BY SENATE GROUP AND HE STATED | \HE WOULD TELEPHONE BUREAU'S OFFICE OF LEGAL COUNSEL. "END | ALL INFORMATION CONTAINED - DATE_LICE BY, G8 (0.116395 10 15 NOV 201975 | BIN 722 Le PERSONNEL RECORDS UNIT L NOV 2 4 1975. S077 DBocld:32999534 Page 17
OPTIONAL FORM NO. 10 p 5030-106 MAY 1962 EDITION GSA GEN, REG. NO. 27 . Assoc. Dir. UNITED STATES GOVERNMENT 2-Mr. J. A. Mintz Dep. AD Adm. — . ; 1-Mr. J. Be Hotis) Dep. AD Inv. — M emorandum “~ 1 - Me. D. W. Moore vena My 1 - Mr. J. Cochran Ear affers n Tro, : Mr. We R. ” Wanna) (il. DATE: 11/6/75 Anarene a ae 1 - Mc. W. R. Wannall Hen — Nom. We" 0 oleae 1 - Mr. W. O. Cregar Intell, _ . 1 - Mr. C. G. McWright Loboratory Legal Coun. __ 1 ~ Mr e J . P e Thomas Plan. & Eval. — “ Spec. Inv, ALY, INFORMATION CONTAINE Training FERED Ls UNCLASSIFIED 8 Telephone Rm. —  paTR etal BY. Director Sec’y __ IMA SUBJECT: 4 Sousmuot 73. end the Senate Judiciary Subcommittee on Administrative Practices and Procedures (Senator Edward M. Kennedy's committee), and to the press, information concerning Navy projects From 1947 to 1954 involving drug experimentation; a Navy file indicates FBI was aware of programs but Laboratory has no knowledge of any active participation by Bureau personnel, On 11/4/75, Clark McGruder, Assistant to Admiral Bobby R. Inman, Director of Naval Intelligence, informed me that on 11/7/75 the Navy was going to release to aforementioned committees and the press information on drug experimentation and that the FBI was mentioned in the pertinent files. Those files were reviewed at the Pentagon on 11/6/75 by fp Supervisor J. P. Thomas of INTD. They had been classified iv "Secret" and 'Top Secret" but now have been completely ia vi cet declassified. FBI was mentioned in connection with three — e projects, There are no FBI documents in the files. ‘ A memorandum dated 9/21/50 from Mr. Alberti to “~~ Mr. C. D. Deloach was a receipt signed by Mr. DeLoach for one copy of "Drugs Stated To Have Been Used By Russians And Germans In Interrogation Techniques.'' Alberti is identified elsewhere in the file as Jack H, Alberti, Office of Naval Intelligence (ONE), who apparently coordinated the projects mentioned in the file. The purpose of one project was to __ develop a speech~inducing drug to obtain intelligence fron interrogees and the project began in 1947, { Enclosures \s 62-116395 sy neon (p) -// 534 wy, aa am 03 orn bal! 4 (9) oe Le PE 15 NOV 201975 8 4 NOV 25 197). &, ¥ ae. HW 55077 DBocld:32999534 Page 18
HW 55077 @ . .  ) Memorandum to Mr. W. R. Wannall Re: Senstudy 75 62-116395 vO A memorandum dated 8/15/*% on letterhead of Office of Chief of Naval Operations concerned "Top Secret Naval Medical Research Institute (NMRI) Project on Speech~ Inducing Drugs," reported a meeting on 8/11/50 attended by personnel of NMRI, CIA, Office of Naval Research (ONR), a drug company representative and Mr. DeLoach and Mr. D. J. Parsons of the FBI Laboratory. The purpose of the meeting Was to brief the FBI on a CIA project on narco~hypnosis and on the NMRI project. Parsons reportedly said the FBI had no such project, but had information on the experiences of various police departments in the United States with speech- inducing drugs, He agreed to make the FBI information aVailable to NMRI and CIA. ONR agreed to give FBI, NMRI and CIA a study by ONR on projected research to improve a polygraph reliability. Recipients were to give their coments and recommendations on the study to ONR. At the meeting NMRI gave DeLoach an 8/11/50 NMRI progress report on its project. Parsons agreed to look into the possibility of getting volunteers from prisoners in Federal institutions and to supply NMRI with canabis (marijuana) and heroin to the extent they might be available to the FBI. It is noted that no FBI representatives were listed in the memorandum reporting a 9/27/50 meeting of this group and there is no further record’ in the file of FBI participation. Neither is there any record that the FBI supplied any drugs for the project. “ Material regarding project "CHATTER" included a <«~ carbon copy of a rough draft memorandum (no letterhead) bearing the penciled date "11/502" which contained the following, "Since 1947 the Department of the Nawy has carried ‘on a project in coordination with the Departments of the Air Force and Army, CIA and FBI for the development of speech-inducing drugs.... The Directors of Intelligence of the three Services, of CIA and FBI consider this project CONTINUED ~ OVER Docld: 32989534 Page 19
Memorandum to Mr. W. R. Wannall Re: Senstudy 75 62116395 of utmost important and urgency to... fulfillment of their missions for the security of the United States."' The memorandum says that a project submitted to ONR by Professor Richard Wendt of the University of Rochester (NY) had been approved by all the agencies involved and recommended funding the project. The file indicates subsequently that this project did go forward and involve human experimentation, ‘Another .. file dealt with project "CALLING CARD,'' -—~——- .- 1952-1953, designed "to render an individual subservient to imposedwill or control." FBI was not mentioned. A memorandum dated 9/5/50 for Mr. D. J. Parsons, FBI; C. Edwards, CIA; and Captain Wilbur E, Kellum of . Naval Medical Research, from W. S. Post, Jr. (not further identified), informed them that a copy of the report on the "Ellson" project (University of Indiana, 1952) was being forward@d~ to them for information. The project involved research in the detection of deception. The addressees were o be briefed by Professor D. G. Ellson of Indiana University on the project at a future date. The file did not show that ,the briefing occurred. The project was terminated in June, 1952, ‘The two files reviewed contained many reports of research conducted concerning various drugs in various parts of the world, constituting a collection of papers on the subject by U. S. and foreign researchers, A review of logiéal Bureau files by the Laboratory Division disclosed only one reference (62-2699-75) to the above, This was a metiorandum, 8/4/50, recording that Mr. Alberti, ONI, had informed Liaison that the Navy had been developing a new drug-which might be used to great CONTINUED - OVER HW 55077 Docld:329895354 Page 20
d 2~Mer. JA. Nintz (lL = Mr. J. B. Hotis) Mr, 0. W. Koore ~ Tir. J. Cochran ir. W. a. Wannall 11/6/75 Le Mr. W. R. Fannall 1+ Me. W. 0. Cregar L- Me. C. G. MeViright <>, Me. J. P. Thomas SEUSTUDY 75 ae / ' ‘ Mi BF ‘this is to inform you that on 11/7/75 vefense Lepartment will release to the Senate Select Committee (SSC), the Senate Judiciary Subcommittee on Administrative Practices and Procedures (Senator Edward M, Kennedy's committee), and to the press, information concerning Wavy projects from 1947 to 1954 involving drug experimentation; a Navy file indicates FBI was aware of programs but Laboratory has no knowledge of any active participation by Bureau personnel, bet fet v 1 We. O. Cregar rr On 11/4/75, Clark NeGruder, Assistant to Admiral Bobby R. Inman, Director of Naval Intelligence, informed me that on 11/7/75 the Navy was going to release to aforementioned committees and the press information on dy; experimentation and that the FBI was mentioned in the pertinent files. Those files were reviewed at the Pentagon on 11/6/75 by Supervisor J. P. Thomas of IND. ‘hey had been classified ‘Secret" and ‘Top Secret but now have been completely declassified. FBI was mentioned in connection with three projects, There are no FBI documents in the files. A memorandum dated 9/21/50 from im. Alberti to lie. C. UD. PeLoach was a receipt signed by Mr. Beloach for one copy of ‘Drugs Stated To Have Been Used By Russians And Germans In Interrogation Techniques.''. Alberti is identified elsewhere in the file as Jack HW. Alberti, Office of Naval Intelligence (ONL), who apparently coordinated the projects mentioned in the file. ‘he purpose of one project was ta develop a speech-inducing drug to obtain. intelligence from interrogees and the project began in 1947, Unelosures 62+116395 JPL/ CG: Unb CONTINUED - OVEK (9) [060 HW 55077 DBocld:32999534 Page 22
Memovandum to Mr. W. RR. Wannell Re: Senstudy 75 62116395 Yo A memorandum dated 8/15/%5 on letterhead of Office of Chief of Naval Operations concerned “Top Secret aval Medical Research Institute (MIRT) Project on Speech~- inducing Grugs,'' reported a meeting on 6/11/50 attended by personnel of WHAT, GIA, Office of Naval Researeh (Oi), a drug company representative and Mr. DeLoach and Nr. b. J. Parsons of the FBI Laboratory. The purpose of the meeting was to brief the FSI on a CIA project on narco-hypnosis and on the NMI project. Parsons reportedly said the FEI had no such project, but had information on the experiences of various police departments in the United States with speech- inducing drugs. He agreed to make the FBI information available to MRI and CIA. ONR agreed to give FHI, WAT and CIA a study by Ok on projected research to improve polygraph reliability. Recipients were to give their commants and recommendations on the study to OHR. At the meeting UMRI gave Yeloach an 8/11/50 NMRL progress xeport on its project. Parsons agreed to look into the possibility of getting volunteers from prisoners in Federal institutions and to supply NMRI with canabis (marijuana) and heroin te the extent they might be avatlable to the FBI. It is noted that no PBI representatives were listed in the memorandum reporting a 9/27/50 meeting of this group and there is no further record in the file of FSI participation. Neither is there any record that the FAI supplied any drugs for the project. Material regarding project “CHATTER” included a carbon copy of a rough draft memorandum {no letterhead) bearing the penciled date "11/507"! which contained the following, "Since 1947 the Department of the Navy has carried om a project In coordination with the Lepartments of the six Force and army, CIA and FBI for the development of speech<inducing drugs.... The bireetors of Intelligence of the three Services, of CIA and FRI consider this project CONTINUED - OVER HW 55077 Docld: 32989534 Page 23
. . 2 Memorandum to Me. W. R. Wannall Re: Senstudy 75 62-116395 of utmost important and urgency to... fulfiliment of their missions for the security of the United States."' The memorandum says that a project submitted to ONR by Professor Richard Wendt of the University of Rochester (NY) had been approved by all the agencies involved and recommended funding the project, The file indicates subsequently that this project did go forward and involve human experimentation. A a OL ~ . -She-seeond file dealt with project "CALLING Carn,” 1952-1953, designed “to render an individual subservient to . dmposelwill or control." FBI was not mentioned, 7 A memorandum dated 9/5/50 for tir, BD. J. Parsons, _»» °FBI; C, Edwards, CIA; and Captain Wilbur 2. Kellum of uo ".  Waval Medical Research, from W. S. Post, Jr. (not further - identified), informed them that a copy of the report on the "ELLson" project (University of Indiana, 1952) was being forwarded to them for information, The project involved _cyeesearch in the detection of deception. ‘the addressees were yi’. ° te be briefed by Professor D, G. Ellison of Indiana University on the project at a future date. ‘The file did not show that the briefing occurred. ‘The project was terminated in June, 1952. The two files reviewed contained many reports of research conducted concerning various drugs in various parts of the world, constituting a collection of papers on the subject by U. S. and foreign researchers. A review of logical Bureau files by the Laboratory Division disclosed only one reference (62-2699-75} to the above, This was a memorandum, 8/4/50, recording that Mr. Alberti, OWI, had informed Liaison that the Navy had been developing a new drug which might be used to great CONTINUED - OVER HW 55077 Docld: 329399534
Memorandum to: Me: a. R. Wenneld 62126995 oe oo ee ne advantage on ‘euptonege suspects. Navy offered t to - tnform us about this. A notation by Mr. Deloach indieated that Mr, Parsons would meet with Navy on 8/11/50. Cavy - . _ Renovandam on this meeting set out above.) oo . . . We have received a memorandum dated n/a 73 from Defense deserdbing the proposed release of Navy information © _, to the committees and to the press. Copy of that metiorandum - and of the preas release axe attached, The release says. that - ‘Liaison was maintainéd with,.. ‘the FBI" concerning, the drug reecarch, None. For record purposes. te a | i Sy | pcb lhe Yooper ;  eon€ oe pos fre oor, 4 | } HW 55077 Docld: 32989534 | Page. ‘95:
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) aR} pr ori AL USE Chik 7a . OFFICE OF THE SECRETARY OF ven AP WASHINGTON, D.C, . 20307 4 Par 197 MEMORANDUM FOR THE DEPUTY ASSISTANT SECRET “a OF DEFENSE (SECURITY POLICY), OASD(C) ] DIRECTOR, FEDERAL BUREAU OF INVESTIGATION ~ ~~~. DIRECTOR, CENTRAL INTELLIGENCE AGENCY \ ASSISTANT CHIEF’ OF STAFF FOR INTELLIGENCE, Co | 15 _//DEPARTMENT OF THE ARMY / beds ; (NSPECTOR GENERAL OF THE AIR FORCE Pt _  #PIRECTOR, PUBLIC HEALTH SERVICE | ee DIRECTOR, DRUG ENFORCEMENT ADMINISTRATION, > ae DEPARTMENT OF JUSTICE | js ; ofa tui Subj: Department of thegNavy Drug Studies | Encl: (1) Draft OSD Press Release on subject q During a recent records search, classified Navy files were discovered which indicate that from 1947 to 1952 the Department of, the Navy conducted limited studies to determine the effectiveness of drugs on human behavior and performance, in the treatment of psychiatric illness, and as an interrogation aid. Noe As these files contain reférences to an interest in and/or support of the Navy studies by your office, this memo- randum is to advise that the files have been declassified and are going to be provided on 6 November 1975 to the Senate Select Committee to Study Governmental Operations with comita/f j ON Bampyio= . “" . rata Ca a . ~ Geemnese ann Hf Vetea” Meek oee ar “ : ’ “a to Intelligence Activities and to the Senate Judiciary Commit-— tee's Subcommittee on Administrative: Practice and Procedure. These files are available for your review, if desired, prior ) to noon on 6.November 1975, in the Office of Naval Intelli- gence (ONI), Pentagon (OX- 52907) . Please advise ONI of your intentions. . “on For your information, enclosure (1) is a copy of the Chief of Navy Information press release to be issued by the Office of the Secretary of Defense in conjunction with the transfer of subject files to the Congress. Up -// [2 BY NOBG 5 yo, a bel. 15 Nov 201975 ont homas K. Latimer — S ~ ALL PPI TRAD The Special Assistant 1 xs 4 Nov 2 4 1975 ' FOR OFFICINE USE eNLY wa 55077 Docld:32989534 Page 32 __. _ _
HW 55077 coe: t . The Navy has, delivered to the Senate Select Committee to Study Governmental Qperations with ‘Respect to Intelligence Activities and the Senate Judiciary Committee Subcommittee on Administrative Practice and Procedure, documents related to drug research on human subjects during the period 1947 through 1954. These documents weré discovered by the Navy in the course of conducting an on-going research of ola files. -The documents indicate that the research was con- ducted to determine the effects of G@rugs on human behavior and performance, their usefulness during interrogations, and in the treatment of psychiatric. illness. Liaison was maintained with the other Services, the CIA, and the FBI. Research was conducted at the Naval Medical Research Institute and the Naval Hospital at Bethesda, Maryland and by contract with the University of Rochester. _ - OR 395 (057 ENCLOSURE Docld: 32989534 - Page 33
ae OPTIONAL FORM NO. 10 ~@ 7 UNITED STATES GO VERNMENT Dee AD Adm ~ 1-Mr. Mintz Dep. AD Inv. _— " Memorandum = Eur. Wannans one 1-Mr, Cregar Comp. Syst. —_— 4 1L~Mr e Branigan Ext. Affairs Mr, W. R. Wanna {ht DATE: 11/6/75 Files & Com — ~ Ident. : ; wt menage FROM : Myr. We Ae Branigan Whegay to a ~ ne ee crewmen Plan. &Eval. on ry oe ec. Inv. SUBJECT: Gaionnsg SI a Spee: In Telephone Rm. Under date of November 3, 1975, Mr. James Dick, Director Sgery Pe Staff Member of the Senate Select Committee to Study ; Governmental Operations With Respect to Intelligence Activities, furnished Mr, Wannall copy number 5 of the Public Hearing held on October 24, 1975, During this hearing, testimony of Assistant Director John A, Mintz, Assistant Director W. Raymond Wannall, former Inspector Donald E, Moore, and Section Chief William A, Branigan was received, Mr. Dick requested that any corrections should be made on separate sheets of paper, Signing and dating each sheet. If any substantial amendment was to be requested, it should be done in the form of a letter to the Chairman, Senator Frank Church, Myr, Dick requested that the copy of the Proceedings be returned to the Senate Committee by the end of the week (November 7, 1975). Assistant Director Mintz has reviewed his testimony and has no corrections or amendments to make with respect to it. 74 Section Chief William A, Branigan is requesting the Lf following corrections and/or amendments: we Page 1247, line 16 ~ "prepare" should be "approve" “nn Page 1248, line 9 - "perfect" should be “imperfect" Page 1279, line 18 - "newspapers" should be "newspapermen" Page 1287, line 8 - delete the word "Soviet" Assistant eat Wannall requests the following corrections : + os Wes REC-4L Z, 2 Sf bo 3¢ ae < fOS. R Page 1243, line iP was considered as having come from a source for which approval for WAB:hke CONTINUED.» .OVER as" (5) eit TAINED ALL INOS ipunsSaeagD q NOV 14 1975 sa pb pat! Buy U.S. Savings Bonds Regularly on the Payroll Savings Plan 4#+ PS oo HW 55099-Docld: 32969534 Page 34 L - i
HW 55077 Docld:32989534 Page 35 Memorandum from Mr, W. A. Branigan to Mr, W. R. Wannall . - x @ , é He : . . $ Re: SENSTUDY Page Page Page Page Page ACTION : sentative Division, 1243, line 12 - its establishment had been granted on 2 high level within the 1278, line 4 -— Mr, Wannall., No. I would say I have been aware of the 1291, line 6 ~- registration of propaganda agents of foreign principals with 1291, line 13 - So, I would say the interruption was probably due to con- 1293, line 10 - We have had no real difficulties in defining our respective There are no unanswered questions in the testimony, The above is submitted for record purposes, A repre- of the Office of Congressional Affairs, Legal Counsel should return the copy of the Proceedings of October 24, 1975, together with the signed and dated corrections and/or amendments to the Staff of the Senate Select Committee before the close of business November 7, 1975, yore ya en R17 ay [eke tel] 4
A The Attorney General Wovenber 4, 1975 ; - “a 2-Mr, Mintz \ | Director, FBI (l-iir, Hotis) A foe 1-Mr, Wannall U. S.-SENATE SELZCT COMMITTER i-Mr, Cregar Ol: INTELLIGENCE ACTIVITIES (SSC) Reference is made to memorandum from Douglas R, Marvin, Counsellor te the Attorney General, to W. Raymond Vannali, Assistant Director, Intelligence Division, Federal Bureau of Investigation, dated Octobor 31, 1975, Referenced communication advised the Attorney General is scheduicd to testify before the SSC on Thursday, November 6, 1975, Bight questions were submitted with the memorandum with the request that the FBI prepare appropriate responses, One question submitted under the caption "Mail Openings" was set forth as "Is any mail now beings opened - without a warrant?" The answer to this question is no, £ - The other soven questions have been ansrercd i . individually and are included as attachments to this come ~—" munication, | 1. Inelecures cna 2 TNO anh 62—11GSIS ene goURe NV \9 , ameneay BEER RO eB Swe orton «= SEERET ITI ATE 1 = The Deputy Attorney General ~ 5G . Attention: Wichaci E, Shaheen, Jr. / 7 ae 0% G' Nai Special Counsel for eS ee me ae? Intelligence Coordination At 15 NOV 20 1975 EWL:jvl \ Henan OPMATION copy 1s ENR REAUREMEOT whiveeney L> E Du AgscONTATIIRD | csoe, Din (8) nN iy iyo a NOTE PAGE TWO 4 Dep. AD Adm. — is Dep. AD Inv. _- 1G ‘Y . Asst. Dir.: aN i : \ Admin, wot. \ Comp. Syst. Ext. Affairs Files & Com} _ Gen. Inv. Ident. Inspection, } Intell. Laboratory Plan. & Eval. — Spec. Inv. ___- “\ < Ve pe Legal Coun, “ye 7) f Telephone R ASS, 7 GPO 954-54 4d we oom [¥- TELETYPE UNIT (_] % o “Doc a:32989532 Page 45 . . . - bn s Troining
The Attorney General NOTE: This communication reSponds to referenced memorandum which was received during the late afternoon of 10/31/75, It is noted that Marvin asked that these questions be responded to by Tucsday morning, if possible, Marvin aiso appended a handwritten notation requesting any documents "vou think useful that bear on theSe questions and that have been forwarded to the Select Committee," A review of the questions and materials already submitted to the Committee indicates that we are unable to submit such specific documents with these responses, although in certain instances we have referred to a broad body of material which might serve as background and which have already been submitted Eco the SSC as well as the Department, HW 55077 Docld:3298995354 Page 46
MAIL OPENINGS Q, What are the standards governing issuance of a warrant to open mail? RESPONSE: The standards governing issuance of a warrant to open mail are set forth in Rule 41 of the Rules of Criminal Procedure for the United States District Courts and cases such as Giordenello v. U.S., 357 U.S. 480 (1958), Aguilar v. Texas, 378 U.S. [08 (1964), Stanford v. Texas, 379 U.S. 477 (1965), and U.S. v. Harris, 403 U.S. 2 (1971), which interpret the warrant clause of the Fourth Amendment. Briefly stated, a Federal law enforcement officer or an attorney for the government must submit a sworn affidavit to a neutral and detached magistrate. The affidavit must set forth sufficient facts to support a finding by the magistrate of prob- able cause to believe a crime has been committed and the letter, described with particularity, is or contains evidence of a crime. In U.S. v. Van Leeuwen, 397 U.S. 249 (1970), law en- forcement officers reasonably suspected a piece of mail contained evidence of a crime. They seized the package and held it overnight while the investigation continued. Additional facts were obtained and a search warrant was issued authorizing the opening of the mail. The Supreme Court held the police conduct was reasonable under the Fourth Amendment. | ALL Iona, a8 Shay CONTA RIED MEN kif ' HW 55077 Docld:3298995354 Page 47
i t i HW 55077 DBocld:32989534 Page 48 — MAIL OPENINGS Q. What are the procedures for seeking a warrant to open mail? RESPONSE: When a Special Agent of the FBI desires to seek a search warrant commanding him to open mail, he must discuss the case with a United States Attorney. If the United States Attorney authorizes the Agent to seek a warrant, an affidavit for a search warrant is prepared. The affidavit is reviewed by the Special Agent, a Special Agent who has received intensive training in legal matters, the Agent's supervisor and the United States Attorney. Following these reviews the Special Agent submits the affidavit under oath to a magistrate. As in any case, where sound judgement dictates, FBI Headquarters and/or the Department of Justice also may be contacted for their advice before the affidavit is submitted to the magistrate. This same procedure is followed by FBI Agents in applying for all search warrants. TATS, INFORMATION CONTAINED PEREDT BSED 7 ff Me