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“Ae Hopkins, Harry L. .Hiull, Hon. Cordell j-utchinsen, Bill intelligence Coverage - Domestic and Foreign n \7Jackson, Rok art H: p~daffe, Philip Jacob, was et al, Espionage - C Johnson, Mrs. Grace D. son, President Lyndon B. “Jones, Edward Murray i~Kansas City Election Frauds, 1947, Senate Hearings ' Kelley, James F. (Monsignor) . _Kennedy, John F. “ Kennedy, Robert F. Khrushchev Visit and Soviet InteMigence Activities in the United States i- King, Martin Luther , “Knight, Miss Frances G. p7Sravchenko, Victor . 4c a 73 pore srsesessae = pageasa——— =. :
_ Lash, Joseph P. , owenthal, Max a/McCarthy, Senator Joseph _McGovern, Senator George S. “McGuire, Matthew F. AMeMullin, Harry v ‘Mabie, | Roderick ‘Memorandum of Uniderstanding Strike Force, New York City _Menefee, J. R. | | / Meyer, Ethel (Mrs. ) “Microphone Surveillances /Mitchell, Hon. John N. | "Monroe, John (alias Monroe Kaplan) Technical Summaries , _ “Murphy, Attorney General Frank ‘Nixon, Richard M. - Administration Organization i“Nosovitsky, Jacob, alias Dr. James Anderson Nye, Gerald P. 5. HW 55079 Doold: 32989536 \Page 1635
Organized Crime Pearl Harbor Attack, December 7, 1941 .“Pearson, Drew ,--Pentagon Papers */pepper, Claude E. / Poletti, Lt. Col. Charles E _ Police Killings :/Bossible Testimony, U.S, Senate Committee on the Judiciary, ‘ Subcommittee on Administrative Practice and Procedure, Senator Edward Nv. Long . ; /bresidential Authority i~Pre sidential Mesgage on Crime Press Media Campaign Against the Director. ,Raborn, Admiral William F. ';,- Radford, Admiral Arthur W. Riots, Summer 1964 . yRoosevelt, Franklin D. . . Rosen, Al | * SO — Co _“Rowe, Gary Thoma's HW OS5079 Doold: 32989536 Page 164
. 7m yscaife, Captain H, c. Sinatra, Frank Albert . /SIS Charts , ‘smith, L. M. C. Specialized Mail Cover Stevenson, Adlai ‘ famm, BE. A: »“ Technical Surveillances , title VIE Guidelines bs +Qnited States Attorneys Conference - 1950. |-U. S. Foreign Intelligence Activities, Brief for use of the Director in ; Appearance before the Presidential Board to Review Periodically  € _tVardenberg, Arthur, Jr. Vaughan, Brig. Gen. Harry Hawkins - \--Wallace, Henry A. «Walsh, Hon. David I. “War Plans “7 . Yq | . 7 ve ‘ NW 5507%, Docld: 32989536" Page 165 ~
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2-Mr.J. A. Mintz d-Mr.dJ. 8B. Hotis) 1-Mr. W. R. Wannall I-Mr. F. J. Cassidy The Att r General November 14, 1975 " Director’, F 1~Mr. W. O. Cregar U. §. SENATE SELECT COMMITTEE ON INTELLIGENCE ACTIVITIES (S80) i é fi Envlosed for your approval and forwarding to the SSC is a memorandum enclesing one copy of a jurisdiction study entitled “An Anslysis of FBI Domestic Security Intelligence Investigations: Authority, Official Attitudes, ond Activities in Historic Perspective: .A Synopsis,* dated November 13, 1975, This study is a condensed version. of the study dated. October 28, 1975, entitled "An Analysis of FBI Domestic Security Intelligence Investigations; Authority, Official Attitudes, and Activitica in Historic Perspective," which was furnished to you by my communication of November 3, 1975, Also enclosed is one copy of this SSC memorandum and aaa enclosure for your records. 4, condensed version of the study dated October 28, 1975, was requested by Hr. Merk Gitenstein, SSC staff member. Enclosures ~ 4 EX-119 . \ 1- The Deputy Attorney General Me — RB 2 //CZ BZ [QD ention: Michael BR. Shaheen, Jr. J [ ~ CLOSURE Special Counsel for Intelligence Coordination 15 NOV 24 1975 REINS ORE Eee ALL: vb Assoc. Dir. (9) yw ye Dep. AD Adm. (I MINFORMATION CONTAINED A hese bint — NOTE: WEREIN IS: ss cape am Ai Admin. , PATE Wo fat ee prea version é seep ie study dated October 28, 1975, Files & Com. _ was orally requested by Mr. Mark Gitenstein of Assistant Director W. Raymond Gen. Inv. Ident. a INTD, November 6, 1975. 3? Inspec ue hye : ‘ otk Intell. “A a id a orat — a i é : Pen hae a a ifs (W) ye Loot eb “4 b ae se TEL uy UNIT [_] Ce — GPO : 1975 O - 569-920 FAD IAN Gwen” . ¢ “
2-Mr.d. A. Mintz ad-Mr. J.B. Hotts) 1-Mr. W. R. Wannall “1-Mr. F. J. Cassidy 1-Mr. W. 0. Cregar 62-116395 November 14, 1975 U.S. SENATE COMMITTEE TO STUDY GOVERNMENTAL OPERATIONS WITH RESPECT TO INTELLIGENCE ACTIVITIES (SSC) RE: FBI JURISDICTION IN THE INTELLIGENCE FIELD The purpose of this momorandum is to effect delivery of a jurisdiction study, dated November 13, 1975, entitled "An Analysis of FBI Bomestic Seeurity Intelligence Investigations; Authority, Cfficial Attitudes, and Activities in Historic Perspective: A Synopsis.” This is a condensed version of the study dated Cctober 28, 1975, ontitled "An Analysis of FBI Domestic Security Intelligence Investigations; Authority, Official Attitudes, and Activities in Historie Perspective ,* which was previously furnished to you bY MY memorandum dated November 5, 1975. A eondensed version of the October 28, 1975, study vas requested by Mr. Mari Gitenstein, SSC staff member. Enelosure AY 1- The Attorney General AY ay ALL: voy! (8) ¥ ORIGINAL AND ONE COPY TO AG a) w NOTE: Assoc. Dir. er Dep. AD Adm. _ Dep. AD Inv. — Study, entitled "An Analysis of FBI Domestic Security Intelligence Asst. Dir.: Admin. Investigations; Authority, Official Attitudes, and Activities in Historic Comp. Syst. —Perspective ," prepared by INTD, IS-3 Section, and sent to Department by Ext. Affairs ites & Com. _2etter dated 11/3/75. Gen, Inve ‘ALL INFORMATION CONTAINED Gen. Inv. Ident. Inspection Intell. SiATeD B ae Telephone Rm. — es Legal Coun. Director Sec’'y MAIL ROOML__] TELETYPE UNIT (L_] WW 55079 Docld:32989536 Page 169 POEREIN, LAS an a oa ey, Laboratory PMrOR ~- }) c ¥ Ca AYA Plan. & Evol. GPO : 1975 O - 569-920
. AN ANALYSIS OF FBI DOMESTIC 7 SECURITY INTELLIGENCE INVESTIGATIONS ; | AUTHORITY, OFFICIAL ATTITUDES, AND | ACTIVITIES IN HISTORIC PERSPECTIVE: A SYNOPSIS November 13, 1975 ALL ALL INFORaATio CONTAINED ee Bein sO ofS faoae sR | OWE] ba- 16 3 SX. for] ENCLOSURE MW 55079 Docld: 32989536 Page i700 7 . . ' |
e , @ - AN ANALYSIS OF FBI DOMESTIC SECURITY INTELLIGENCE INVESTIGATIONS: AUTHORITY, OFFICIAL ATTITUDES, AND ACTIVITIES IN HISTORIC PERSPECTIVE: A SYNOPSIS Many persons who are currently examining the FBI's domestic security intelligence authority and the parameters of this jurisdiction begin their analysis at a mid-point in the history of this Nation's struggle against the force of subversion. This approach tends to result in a mechanical examination of the subject without the benefit of an under- : standing of the historical forces and necessities which brought about the need to conduct domestic security intelli- gence investigations. In an effort to clarify the role the FBI has played in this field, it is deemed appropriate to submit this concise review of historic events illustrating the evolution of the problem of domestic subversion, atti- tudes of Government officials towards the problem, and how, against this historic backdrop, the. FBI, came to be assigned domestic security intelligence responsibilities. “ Many today assume incorrectly that the FBI commenced domestic security intelligence investigations within the last several years. In fact, the Bureau of Investigation, the pred- ecessor of the modern FBI, was given foreign and domestic security responsibilities during World War I (WWI), 1917-1918. In 1917, Congress enacted the Selective Service and Training Act, the Espionage Act, and the Trading with the Enemy Act, followed in 1918, by the Sabotage and Deportation Acts, Enforcement responsibilities for the most part fell on the Bureau of Investigation. , During World War I there was at all times an ‘enormous overlapping of investigative activities among the various agencies charged with the winning of the war. There were probably seven or eight such active organizations opera- ting at full force during war days and it was not an uncommon experience for an Agent of this Bureau to call upon an indi- vidual in the course of his investigation, to find out that six or seven other Government agents representing as many other investigative agencies had been around to interview the party about the same matter. LOL ELOY IRL NT ILO POTTER OT POT PHONES TIENTS] TPE IA PNR TIVOLI RFS YE BIN TY SETI RAPE PRMTITETOTNS 1 DOT An ae HW 55079 Doold: 32989536 Page ifi pe
In an effort to counter the radicals and anarchists, the Department and Bureau, in conjunction with the Department of Labor, which had primary jurisdiction over immigration ' matters, used the provisions of -the "Deportation Statute" as r an answer. : ‘In 1919, J. Edgar Hoover, a Departmental Attorney since 1917, was placed in charge of the General Intelligence Division, Department of Justice. The Division had the respon- sibility of correlating information obtained by the Bureau for the purpose of preparing material for deportation proceedings. As a Departmental Attorney, Mr. Hoover not only observed the wartime problems but experienced the difficulties associated with intelligence- type investigations while with the Division. “ On October 5, 1920, he prepared a report on the General Intelligence Division and stated very clearly that information which the Bureau was collecting was being used by the General Intelligence Division of’the Department of Justice as pure and valuable intelligence information to assess internal domestic radical activity as early as 1919. In 1924, Harlan Fiske Stone was appointed Attorney General of the United States, and his concept as to the Bureau's role was quite clear: "The Bureau of Investigation is not concerned with . political or other opinions of individuals. It is concerned only with such conduct as is forbidden by the laws of the United States. When a police system goes beyond these limits it is dangerous to the proper administration. of justice and to human liberty...." J. Edgar Hoover, who was appointed Director of the Bureau of Investigation by Attorney General Stone in 1924, followed this policy from its inception. To complete the picture of official FBI policy and attitude regarding investigation of radical activities during the 1920's and early 1930's, it must be noted that intelligence- type investigations were conducted on a very limited basis and for specific purposes when requested by the Attorney General and Secretary of State under the provisions of the Appropriations Act, 28 U.S.C. 533(3). MW 55079 Doold: 32989536 Page ite
Jom seo nn RDA nemen sar mace gmmerericana 5 Tintin crt wo ee a The President inquired what suggestions Hoover might offer relative to this matter. Hoover recorded that he responded ‘to the President as follows: "T told him that the appropriation of the ' Federal Bureau of Investigation contains a provision that it might investigate any matters referred to it by the Department of State and . that if the State Department should ask for ,.-. us to conduct such an investigation we could do so under our present authority in the - appropriation already. granted." (Emphasis. - Added) me On careful reading, and examination in light of the historic setting, it is apparent that the President and Hoover were talking about money, not jurisdictional limits. The President wanted a broad intelligence investigation conducted not for purposes of prosecution and inquired.of Hoover if the FBI could supply the product. Hoover responded by. “informing” the President that money had been appropriated by Congress “under the Appropriations Act and to activate the provisions for justifiably using the funds would require a request. ~£rom the Secretary of State. The FBI could, of course,. gonduct no investigations for which Congress had not provided appropriations. The final topic discussed at the August 24, 1936, meeting was the President's desire that Hoover coordinate the investigation with the "Military and Naval Intelligence Services." The entry of the Bureau into the new field of domestic security intelligence investigations necessitated the creation of administrative procedures to handle the incoming information. By memorandum dated August 28, 1936, an assistant submitted a tentative outline for the manner in which it was recommended information concerning subversive activities be maintained at Headquarters. -He outlined the following "general classifications": Maritime Industry, Government affairs, steel industry, coal industry, newspaper field, clothing, garment, and fur industry, general strike activities, Armed Forces, eduGational institutions, general activities--Communist and Affiliated Organizations, Fascisti, Anti-Fascisti movements, and activities in Organized Labor organizations. Mr. Hoover tioted on the memorandum thag: this was a good beginning. . HW 35079 Doold: 32999536 Page 175
.By letter of October 20, 1938, Attorney General Homer Cummings forwarded to the President a memorandum from Director Hoover wherein Hoover outlined for the President the general scope of the FBI intelligence effort and the areas of coverage being afforded. necessary "In order that there may be a clear view of the detailed information covered, there is set forth the following break-up of the various subjects that appear in the files of the Intelligence Section; Maritime; government; industry (steel, automobile, coal mining, and miscellaneous); general strike; armed forces; educational institutions; Fascisti; Nazi;. organized labor; Negroes, youth; strikes; newspaper field; and miscellaneous. Any information of a subversive or general intelli- gence character pertaining to any of the above is received at the FBI headquarters at the Seat cf Government and is reviewed, summarized, and placed upon editorial cards which are filed by name of the subject matter, as well as by name of the individual, so that it is en- tirely possible to find in the index the col- lection of names of individuals engaged in any particular activity, either in any section of the country or in a particular industry, or movement. Indicative of the present size of this index, there are approximately 2,500 names now in the index of the various types of individuals engaged in activities of Communism, Nazism, and various types of foreign espionage." (Emphasis Added) Additional legislation was apparently not deemed by officials of the Department and the Bureau. Attorney General Homer Cummings (1938): ."No additional legislation to accomplish the general objectives seems to be required." Former Director J. Edgar Hoover (1938): “Such expansion -in the FBI as may be desired and may become necessary can be covered, it is MW 55079 Doocld: 32959536 Page i176 ees ss —_ x ton t = mewe ss. eee . were 7 ceenee ron n O smpepengye
believed, under present provisions existing in the annual appropriations bill of the Federal Bureau of Investigation,.... -: Under this provision investigations have been ‘conducted in years past for the State Department of matters which do not in themselves constitute a specific violation of a Federal Criminal Statute, such as , subversive activities. Consequently, this. provision is believed to be sufficiently broad to cover any expansion of the present intelligence and counterespionage work which it may be deemed necessary to carry on." ' Recommendations of Departmental and Bureau officials in considering the necessity for the issuance of a Presidential directive (1939) : "Formal order on the part of the President would hardly be needed to accom- plish this result" (centralization of in- vestigative responsibility.) "All that would be required from him would be a letter to each department head." President Roosevelt, on November 2, 1938, personally advised the former Director that he approved of Hoover's plan, thus confirming that there was a meeting of the minds among the primary participants. The world situation steadily worsened during the 1930's. Amid this chaotic world situation the United States attempted to stand neutral; nevertheless, the danger of potential espionage, sabotage, and subversion was of paramount concern. Various Federal investigative agencies commenced uncoordinated and decentralized investigation of reports of subversion. .Some even prompted local citizens' groups to assist their efforts, much reminiscent of the American Pro- tective League and various ad hoc groups formed for the same purpose during World War I. In response to this growing problem, the Bureau recommended remedial action through the Attorney General which resulted in a letter dated February 7, 1939, being directed to various Federal department heads from Joseph B. Keenan, Assistant to the Attorney General, which stated in part: NW 53079 Doold:i32989536 Page i77
"I take pleasure in informing you that in cooperation with the Military Intelligence Division of the War Department, the Federal Bureau of Investigation of the Department of Justice has undertaken to investigate matters relating to espionage and subversive activities. "In order that such matters be handled expeditiously, it will be appreciated if you will instruct your personnel that in case any information is received concerning the above- mentioned matters such information should be promptly forwarded to the nearest field office of the Federal Bureau of Investigation." Here was a direct effort of the Department and the. FBI to prevent the confusion, delays, and violation of personal rights incident to such investigations during the previous war. Nevertheless, the letter of February 7, 1939, was virtually ignored by other agencies, and a cumbersome committee system, under the direction of the Undersecretary of State, was inaugurated. The committee was composed of representatives of the War, Navy, Treasury, Post Office, and Justice Departments, in addition to the State Départment, whose function it was to receive information of a subversive nature, make an analysis, and then forward the matter to the agency deemed most suited to handle the investigation. The bulk of the matters were referred to the FBI and the military and naval intelligence services. The previous arrangement, based on the President's desires of 1936, was completely ignored, causing a waste of prior efforts and accumulated information, delays in referral of cases, and general confusion. The Department and Bureau prepared a memorandum dated June 5, 1939, containing ideas and recommendations to be pre- sented to the President in an effort to resolve the controversy. "For the reasons outlined above it is recommended that the definite steps be taken-- first, that the interdepdrtmental committee described in the first paragraph of this memor- andum be abandonéd and that in its place the investigation of all espionage, counter-espionage and sabotage cases be controlled in the Intelli- gence Divisions of the War and Navy Departments NW 55079 Doold:i32989536 Page i768
and the Federal Bureau of Investigation and that -*the directors of these three agencies function in the capacity of a committee to coordinate the activities of the three agenciés named. Second, that confidential: instructions should bé issued. by the President to the heads of all government departments except War, Navy, and Justice, in- structing that absolutely no investigations shall be conducted by the investigative agencies of . those departments into cases involving actually or potentially espionage, counter- espionage or sabotage. - The heads of all government depart- ments should be instructed in this order to refer immediately through existing channels direct to the nearest office of the. Federal Bureau of Investigation any data, information or material pertaining to cases of this type. Formal order on:the part of the President would hardly be needed in order to accomplish this result. All that would be required from him would be a letter to each department head.” This recommended procedure, concurred in by President Roosevelt, resulted in the confidential Presidential Directive | of June 26, 1939, which reads: , , ; "It is my desire that the investigation of all espionage, counterespionage, and sabotage matters be controlled and handled by the Federal ., Bureau of Investigation of the Department ‘of Justice the Military Intelligence Division of the War em Department, and the Office of Naval Intelligence of the Navy Department. The directors of these three agencies are to function as a committee £o coordinate their activities. “No investigations should be conducted by any investigative agency of the Government into . Matters involving actually or potentially any espionage, counterespionage, or sabotage, ex- cept by the three agencies mentioned above. "I shall be glad if you will instruct the heads of all other investigative agencies than the three named, to refer immediately to the NW 55079 DoolTd: 32589536 Page i179
; " | . © @ " ¥ my a . . The Presidential Directives of June 26 and September 6, 1939, were apparently not issued for the sole purpose of fully describing the scope of FBI domestic and foreign security intelli- gence investigative jurisdiction, but rather were issued to place and finalize investigative authority in the FBI and the military intelligence services over those areas of jurisdiction where conflicts were developing. It should be noted; however,. the subject matter of the President's instructions regarding domestic security intelligence investigations of 1936, as re-_ affirmed in 1938, is also addressed in the Directive of September 6, 1939, thus tending to confirm the President's . intent that the FBI and military services handle all matters , relating to foreign and domestic security intelligence investi- gations. To coordinate their efforts, the FBI and the military intelligence services formed the Interdepartmental Intelligence Conference (IIC). . The manner in which the FBI and the military intelli- gence services delineated their respective responsibilities is reflected in a series of Delimitations Agreements of June 5, 1940, February 9, 1942, and February 23, 1949. Each of these Delimitations Agreements generally cites in the preamble ,that in conformity with the Presidential Directive of June 267 1939, as augmented by the Directive of September 6, 1939, investi- gation of all "espionage, counterespionage, sabotage, and sub- versive activities (or subversion) will be delimited" as ' therein described. The Delimitations Agreements.of 1940, 1942, and 1949, ‘stated that the FBI shall investigate those matters involving citizens and foreign nationals or foreign-directed activity in certain geographic areas, including the United States, and, among other duties, shall advise the military of "cases of actual or strongly presumptive espionage or sabotage, .including the names of individuals definitely known to be connected with subversive activities" (1940 and 1942) or "developments con- cerning the strength, composition, and intentions of civilian groups within its cognizance which are classed as subversive and whose activities are a potential danger to the security of the United States" (1949). The IIC as an independent committee ceased to exist as, pursuant to the National Security Act of 1947, which formed the National Security Council (NCS), it was absorbed and chartered by the NSC, presided over by the President. The IIc: charter issued by NSC dated July 18, 1949, reads in part: ~ll- MW 55079 Docld: 32989536 Page 161
‘ - ” ~ "Pursuant to the provisions of Section 101 of the National Security Act and NSC 17/4 as approved by the President, the National Security Council hereby authorizes and directs that the. Interdepartmental Intelligence Conference effect the coordination of all investigation of domestic espionage, counterespionage, sabotage, sub- version, and other related intelligence matters affecting internal security. , ; "(1) The Interdepartmental Intelligence Conference shall be constituted as set forth in the Presidential Directive of June 26, 1939, that is, the Director of the Federal Bureau of Investigation, the Director of the Intelligence Division of the Army, the Director of Naval Intelligence, and in addition, the Director, Office of Special Investigations, U. S. Air Force, which office has been created since the: issuance of the original Presidential Directive. "D. Nothing herein shall be construed.as modifying or affecting the Presidential Directives issued to the members of the IIC relating to their individual responsibilities and duties. The Delimitations Agreement among the members-of the IIC relating to the inves#i- _gative responsibilities and duties of the in- dividual members and other agreements among these members relating to the same matters’ shall remain in full force and effect and shall continue to be amended, changed, and supple- mented at the discretion of the IIc." Thus, it was reaffirmed on Presidential atithority through the charter of the IIC-that the Presidential Directive of June 26, 1939, as mentioned in the charter and the Delimi- tations Agreement, and the Directive of September 6, 1939, as contained in the Delimitations Agreement, were not to be modified or affected and, through the agreement, were to remain in full force and effect. The Presidential intent has also been manifested and reaffirmed through the issuance of subsequent Directives by President Roosevelt on January 8, 1943, President Truman on July 24, 1950, and President Eisenhower on December 15, 1953. - 12 - Nw 35079 Doold: 32999536 Page 162
Such reissuances appear to occur to reinforce and remind in- terested parties of this intent during times of national peril--1943, during the height of WW II; 1950, during the Korean conflict; and 1953, during the Cold War era and enact- ment of the Atomic Energy Act. On June 9, 1962, President John F. Kennedy executed National Security Action Memorandum 161, wherein he stated in part: "2. Accordingly, I have directed that the two interdepartmental committees concerned with internal security--the Interdepartmental Intelligence Conference (IIC) and the Inter- departmental Committee on Internal Security (ICIS)--which have been under the supervision of the National Security Council, will be transferred to the supervision of the Attorney General. The continuing need for these com- mittees and their relationship to the Attorney General will be matters for the Attorney General to determine." On March 5, 1964, the Attorney General directed a charter to the IIC which is identical to the charter issued by the NSC in 1949, save for the issuing authority being the Attorney General in place of the NSC. Since that time, the FBI has operated in the field of foreign counterintelligence and domestic security investigations under the overall supervision of the Attorney General. In addition to the reaffirmation of the Presidential intent, the Attorney General has codified his instructions that the FBI Handle such matters in 28 CFR, Section 0.85(d): "Carry out the Presidential directive of September 6, 1939, as reaffirmed by Presidential directives of January 8, 1943, July 24, 1950, and December 15, 1953, designating the (FBI) to take charge of investigative work in matters re- lating to espionage, sabotage, subversive activ- ities, and related matters." - 13- NW 55079 Doocld: 32989536 Page 165
. The FBI, in addition, is responsible for the investi- | gation of numerous Federal statutory violations, many inherently addressing the field of domestic subversion and extremist’ ‘activities, as well as for retaining material and conducting such investigations as are necessary and proper under the Federal Employee Loyalty Program. As has been illustrated, the FBI, since World War I, has been the recognized Federal agency to conduct investigations | of a national security nature, and, since 1936, has been authorized to engage in domestic security intelligence’ investi- gations through a series of Presidential Directives, as reaf- firmed, Executive Branch charters, and through the parallel interest generated in the duty to investigate statutory violations in-:the field. . =.14 - | HW S5079 Doocld: 329859536 Page i184 ’ “*
a OPTIONAL FORMANO, 10 . _ = 463951962 EDITION * GSA FPMR (41 CFR) 101-11.6 ’ UNITED STATES GOVERNMENT “buy ye | 7 Dep. A — Memorandum 2a t f ‘ Comp. Syst. 4 y Ext. Affairs \° : Mr. J. B. Adanis pate: 11/12/75 Files & Com. — Fl en. inv. a ‘ Ident. < Inspection FROM : Legal Co aol ih all Ces EE ‘oe / if Plog hevel suBjEcT: “SENATE SELECT COMMITTEE ~~ ed Sele Inv TESTIMONY BY THE ATTORNEY Lad ren GENERAL ON NOVEMBER 6, 1975 Director Sec’y __ Attached is a copy of a letter from Attorney General Levi to Senator Richard 8.Schweiker dated November 10, 1975, which was forwarded to me for information by Douglas Marvin, Special Assistant to the Attorney General. The letter is self-explanatory and concerns the testimony by the Attorney General in response to an inquiry by Senator Schweiker as to FBI policy contained in a manual using the phrase “embarrassing to the Bureau." RECOMMENDATION: a For information. , j yt aad 1 - Mr. Wannall : (on 1 - Mr. Hotis 1 - Mr. Moore ae, 1- Mr. Walsh ead dS 1 - Mr. Mintz i aS ly A Mb 2G 5 1076 45 NOV 24 1975 JAM:mid (6) \~ bis ee 96 1975
oF nay 1902 ron NO» 10 ‘ . 5010-106 N ‘ Pe ae "GSA GEN, REG, NO. 27 . & L-Mr. J. ®....:: Assoc. Dir,” a, - UNITED STATES GOVERNMENT 1 - Mee R. J. Gallagher = i ttn: eer sst Memorandum L-Mee WV. Glevetand “Slog . (Attn: C. W. Hurst, Jr.) ice TO  : Mr. W. R. Wanna ly ff pate: L1/11/75 Files & Con, — a ty ~ 1 - Mr. W. R. Wannall a Hise a OV 1 - Mr. J, G. Deegan eral FROM : W. 0. Cregadh Cattn’ H. A, Newman) ntl. — ) L - Mr. R, -L. Shackelford se SUBJECT: \SENSTUDY 75 » (Attn. £. P. Grigalus) Spee, Inv. 1 - Mr. W. O. Cregar Telephone Res . 1 ~ Mr. S. F. Phillips Director Sec’y __ . 4 fr f This informative memorandum, for record purposes, (OL reports on conference 11/10/75 between Bureau and Senate . Select Committee (SSC) personnel conceriiing informant matters, Attached is a copy of an 11/7/75 letter, with attachment, which served as a basis for the conference which was requested by SSC Staff Member Bob Kelley, The letter covered three principal items: (1) a paper which the SSC invites us to prepare concerning informant matters, (2) a request for additional documents, and (3) a request to \yet interview Agents who handled three former informants. Me | Present at the conference on behalf of the SSC Nor Staff were Bob Kelley, Andy Postal, David Bushong and Jeffre Kayden, Attendees at the conference for the Bureau were S. F. Phillips of the Senstudy 75 Project, Supervisors E. P. Grigalus (IS-2 Section) and H. A. Newman (1S. 1 Section) of INTID, and T. L. Sheer of the General Investigative Division, The following matters were discussed at the conference. In respect to paragraph 1, page 2, of the SSC 11/7/75 letter, Kelley acknowledged error in the letter in that the SSC is now requesting documents relating to only one\, not two, of three former informants who are scheduled sto testify. The former informant in question is Gary Thomas a Rowe, Jr., and Newman is coordinating the document request | - |lrelating to Rowe. The ane representatives delineated tego GSURE EN —fhir RFS ] x gycrns® Enclosures REE Ls Y, Fail hha Sa 62-116395 15° NOV 241975 / yi he” CONTINUED OVER “ t SFP :Lhb ful, EGR 8 Yatage ON TAINED i iF ) (9} DATE Date pS lo pee cre O Osea BA (U4 on Mb oan ee 8 4 NOV 2 6 1975. Wee & HW S5079 Bocld: 32989536 Page i169
Memorandum to Mr, W. R. Wannall Re: Senstudy 75 62~116395 Agents it desired to interview, principally those who had handled the three former informants during specified periods; and also-indicated a desire to interview former SAC Roy Moore who supervised the Special in which former informant Hardy was involved. By sepdrate correspondence we are handling the matter relating to release from confi- dentiality agreement of the pertinent personnel, The conference also discussed details of the memorandum the SSC invited us to prepare, which memorandum would enable the Bureau to present to the SSC an overall View of our informant program. It was agreed at the conference that we will deal with our informant program in the domestic field and not any aspects relating to assets in the counterintelligence field. Unit Chief Grigalus was designated to coordinate and prepare the necessary memorandum with assistance and input from Newman and from the Criminal Informant Unit of the Special Investigative Division, whose assistance Grigalus will separately solicit. ACTION: None. For information and record purposes. L. NW 35079 Doold: 329895356 Page 190 qe
ed waste nm yore re * . . NM Prsagik Comsmec ve WNeser CHEMI DLAR . ° . i iy - A eens DUAR, TTA, VIER CUAINMAN 3 . . YerWwANO HL BARE, J Bet, ; . piniis » neme, viet PAATAY GOLDWATER, ARIES | ee AT, CHAMNLES MCC. MATHIAS, JA. MD, . ' HE then eek Of RICHAHD GB, SCHVW/EIKER, PAL 5a , raha f : . cay wane ton Mniled Blates Senate LE tAe O, MILLFA, STAFF OIRFOCTOR . . peeve wick A. 0, SCHWANT, JT. CHIEF COUNSEG SELECT COMMITTEE TO CUNTIB Re SMOINERS: MINORITY COUNSEL 97 STUDY GOVERNMENTAL OPERATIONS WITH o . RESPECT TO INTELLIGENCE ACTIVITIES . pf of (Pursuant To S. RES. 21, MTH CONGRESS) . y Pad d\f WASHINGTON, D.C. 20510 \ iO — ; . . t JV - November 7, 1975 t i Michael E. Shaheen, Jr., Esq. ; oo. - Special Counsel for Intelligence Coordination Office of the Deputy Attorney General © . ae a PEG. 7 - SK) for ‘ 1 | v7 6h . MW 55079 paca age 191. | : 7 _ t — ” U.S. Department of Justice pe , ; Washington, D.C. 20530 mo ‘ : Dear Mike: . As a follow-up to our briefing of Assistant Director Wannall on November 6 concerning our proposed format and witnesses for public hearings on December 4-5 on the FBI's use of intelligence informants and sources, we would like to make the following requests. As discussed in cur meeting with Mr. Wannall, we in- vite the Bureau to submit a memorandum on its intelligence informant and source program that could be inserted in the record of the testimony of Bureau representatives at the hearing. This memorandum would enable the Bureau to- present to the Select Committee a complete description of its program and to discuss the issues of particular ‘interest to the Committee members. These include, for example, 1) the size, scope and purpose of the program, including an assessment of the program's cost and effective- ness, and the distinctions and relationships between the intelligence informant program and the Bureau's criminal informant activity; 2) the criteria that determine when an informant may be used in an organization or group; and 3) the program's command and control system, including the . limits that are placed on the activities of informants and the type of information an informant or source is per- mitted to report to his handling agent and the Bureau. In addition, the memorandum would discuss possible leg- islation in the informant area, such as the imposition of a warrant requirement or additional administrative re- view. To permit the Select Committee members to study this memorandum in advance of the hearing and to discuss it with FBI representatives during their testimony at the wR lic hearing, we request that the memorandum be submitte by November 24, Tent GNC ee Kee 6 Aer We Cooper So SPrnninl SPH)
Michael E. Shaheen, Jr., Esq. . : November 7, 1975 - ’ Page 2 . Also I am enclosing requests for documents relating to two of the three former FBI informants who are scheduled to testify on December 4. These requests supplement our. —. document request of August 20, Aots pertaining to informants (Part IV-4). x ‘' In addition, we wish to interview and possibly de- pose the Special Agents wno handled the three former in- formants (Rowe, Hardy and Cook) who are scheduled to . téstify at the public hearing on December 4. Because of | the limited time remaining before the scheduled hearings, ‘we request'that the Special Agents be made available for interviews and depositions as soon as possible. Sincerely, a Join EL1Liff£ . Director Domestic Intelligence Task Force - cc: Paul V. Daly Office of Congressional Affairs Federal Bureau of Investigation ° HV SOT Doeid: 32589536 Page_i 92
DOCUMENT REQUEST 1. .The following documents and materials relating to Gary Thomas Rowe, Jr., whether in the custody or _ possession of the FBI Birmingham Alabama office or elsewhere: a) All documents and materials -eflecting contacts and reports of contacts (and the substance thereof) between Gary Thomas Rowe, Jr. and FBI Special Agents ' £rom January 1, 1960 to April 1, 1965. b) All documents and materials reflecting information ; supplied by Gary Thomas.Rowe, Jr. to FBI Special mY Agents (and Bureau Field or Headquarters summaries thereof) from January 1, 1960 to April 1, 1965. | c) “All documents and materials relating to any guidance, directions, instructions, or suggestions given to Gary Thomas Rowe, Jr. by FBI Special Agents from January 1, 1960 to April 1, 1965. d) Ail documents and materials relating. to Bureau and Field Office supervision of the handling of Gary Thomas Rowe, Jr. by FBI Special Agents from January 1, 1960 to April 1, 1965. © .@) All documents and materials relating to payments of money to, or other financial arrangements between, Gary - Thomas Rowe, Jr., the FBI, and the Justice Department ~- _-£rom March 25, 1965 to December 31, 1966. WW 55075 DoeTd:32989536—Page 193 ——. 1 _
Mr. é.. Mintz + 2 ow (1 - Mr. J. B. Hotis) 1 - Mr. W. R. Wannall 1- Mr. J. G. Deegan lL ~ Mr. W. 0. Cregar 1 - Mr. S. F. Phillips 62<116395 Hoverlber 11, 1975 S oo 2 U. 5. SENATE SELECT COMMITTEE To 288, SIUDY GOVERNMENTAL OPERATIONS WITH = 3 RESPECT 20 INTELLIGENCE ACTIVITIES (SSC) (eS RE: POCUMNTATION FOR INFORMATION 3 CONCERNING STANLEY DAVID LEVISON i Reference is made to the letter, dated Getober 14, : . 2995, from Mx. John T. ELLISS, Director, Ponestic -  « {pteliggence Task Foree of the SSC, with ottachnent, to ‘ te. Michael 5. Shaheen, Jxr., of the Office of the Deputy ‘ _ Attorney General. e 3 Referenced letter and attachment. sought from Sis§ this Pureav certain documentation information relating to SE a characterization of Stanley Pavid Levison, a former ss associate of Martin Lother King, Jvr., the latter being the Ss subject of SSC interest. s = the attention of the SSC is invited to the highly sensitive oral briefing furnished to Senator Frank Clyaxch, Chairman of the SSC, and selectad mombera of the SSC Staff by FDL persomel, with Mr. Shsheen and his Seputy present, om Novembar 5, 1975. \ the briefing afforded SSC personnel vasa intended, Assoc. OF —— Gt part, to serve in Lieu of any written information in De ce 9 AD In fm vesponse to the October 14, 1975, request. Therefore, this Asst Dir Dureau is taking no further action with respec’ to the r Committee and the coi without the express app rs document is pr on outside goed i va yYiee Admin. Comp. Syst. — — request. of reference. Ext. Affai co om. A Gen. mw —1 » The Attorney General Wir (6 Lae Cs re nt, ise. SEP :1hb [Af ORIGINAL AND ONE COPY TO AG Plea, & Evols (9) ALL INFORMATION ED $n SEE NOTE PAGE 2 Spee. | —_— BER: 8 ie . oe Lect Ce _ = sit w - end Me 7 4% ony a ee fate . Telephone Rm. — R. To GPO : 1975 0 - 569,420 Director Sec'y MAIL ROOM [__] eae b UNAINETO ST ) “ “Ss 4 10733 (aw S5079 Doold: 32989536 Page 195
SENATE SELECT COMMITTEE OM INTELLIGENCE ACTIVITIES (SSC) RG: DOCUMENT, ATION FOR TNFORMATION COuCERNIGG STANLEY DAVID LEVISON ofes HOTE: the referenced request and attechment cited 14 communications, as examples, which the Bureau has furnished the SSC and which describes Levison as having been a secret member of the Commmist Party (CP). ‘The request was for supporting evidence in FBI files for what it calls FBI's “conclusionary statements" about Levison. We believe strongly that the special briefing piven to Senator Church, et al., would serve in lieu of any written response to the request, and lir., Shaheen so agreed in oral discussion with Supervisor S. F. Phillips of the Senstudy 75 Project on 11/7/75, Shaheen indicated he did not believe any further written information need be given to the SSC to serve as documentation for Levison's CP membership. Phillips suggested, and Shaheen agreed it was a good idea, to furnish the Committee an LIM along the Lines we are now taking which will be on record with the SSC that the oral briefing was to serve in lieu of other response. Clesstfict fy Exerest fice G35, ' Beto ci Reclassifi ‘Tegory 32 ugn indefinite NW 55079 Docld: 32989536 Page 156
6 o FD-36 (Rey. §-22-64) Le C) . ae Date: 11/11/75 Transmit the following in _ (Type in plaintext or code) AIRTEL (Priority) | ic L ra Os | } DIRECTOR, FBI (62-116395) (ADIN : INTD - W. O.CREGAR) THe FROM: ac, NEW YORK (134-91) ry pi, Ze : é nee ™ « SUBJECT: | _ SENSTUDY: 1975. “a - es, santa a SMT ict daa ana coNne tO ReBuphone call of Bureau Supervisor SEYMOUR PHILIP, 11/10/75. “Us, POLIS. ; This communication is classified "Top Secret" in. accordance with established: classification procedures. Enclosed for the Bureau are two copies each of: 21 communications pertinent to captioned case. The original recording of this information is contained in 134-91, unless otherwise noted: 1. NYlet to Bu - CPUSA Reserve Fund - 3/16/61 Sips of neimiablalty; fervarn tes . SSC} swe on 2. NYlet to Bu - CPUSA Reserve Fund - © 10/19/61 NYmemo to SAC - CPUSA Funds - eels ar 4, NYairtel to Bu - STANLEY rr b37o> _ / 5. NYairtel to Bul -~ M. L. KING - 2/12/62 15 NOV 241975 - : 7. %NYtel to Bu - M.L. KING - 5/3/62) ' DH Ate bAlpwaee taf) sa¢) iN _Declaantt Q: oe “Sp Lsjsiiuds | eS — 4 3 _ ureau n us: Classified by ey f ) levy * New Yor \ A A tay oe Exem feogl Fes ‘Cart Dspry Ago. ; | S TID: Sigg Ss ate Date of Dg v€ press Lica nindefy ite’ yas 2 4), pW m > f | ffm a s wht A i . NUS wt SEAN Le RE: Bawye® eG Ls A ae s a py kf a, nn, moO f pe NV Eg ht KG Specig Agent. in Charge. a U.S.Government Printing Office: 1972 4 455- bra Pin Oe ttm OF ge ame ae . Nw sata. _Docid: coxa Ah? 9536 Page i197 : | ! uy a Apt, Yo SOc. ba BAAR EA
(N¥"134-91 | 8... N¥memo™ to SAC - ' STANLEY ‘LEVISON - - 8/30/62 “947 N¥airtel, to Bu STANLEY LEVISON: ~ 3/21/63 _ 10. ‘NYairtel to Bu -M. Li _ KING | = 6/13/63 = an, in. NvairteL tO Bw ~ CbUSA. Negro. ‘Question - - - 1/10/63 "12. -N¥airtel to Bu \M.t. KING - 7/31/63 "43; - Memo to SAC-NY ~ STANLEY LEVISON. - 7/16/63 “14. - N¥airtel to Bu -" STANLEY LEVISON - 9/16/63  15.° N¥let to Bus CPUSA Negro ‘Question - 10/18/63 - | The: following aré the. original documents set forth ?. “in the’ “captioned | case. files: - , ; 16.” Nvairtel to’ Bu. =. -CPUSA. Negro Question | - 2/13/64 lm we oe eee pe 2/18/64 an NYmemo to SAC - STANLEY, ‘LEVISON = 4/3/64 . a 20. nh oe Soa 4/20/64 21. NYlet' to" Bu - CIRM: ~ 9/23/64 - . Concerning the. above,. it should be noted ‘that die - .to the top. level: activity, ef the. source, NY 694-0A, ‘and to “the highly, sensitive area the source operates in, ‘only oral reports are obtained from: the source. These oral’ reports are not reduced to writing. for the sources signature.” Also, o¢casionally information. is orally obtained ‘from.the source: \ and is originally ‘recorded in ‘the. case ‘file: of the subject or. \ subject. matter. . , 7 NW.55079 “Docld:33989536 Page 1987; ° 9, 72>
‘NY 134-94. ‘The enclosed represents the best information as _ obtained froma review of the files of the New York Office . O£ NY 694-OA; STANLEY D. LEVISON - and MARTIN L. KING from 1961-.- 1965 showing the original recorded information.. NW 55079 Docld:32999536 Page 199