i i | 7 _NW 55072 SECT” "| 87. INVESTIGATIONS OF SUBVEP’~VE ; @ ORGANIZATIONS AND: INDIVi ys TABLE OF CONTENTS (6) Conduct of LMNTELVLCW ee cc ccc cc ccc cc ce ccc eaccceccccese (7) Direction of subject's activitieseccccceccccveccscce (8) Reporting results of interviews. .cccccccccccencccees 3. Reporting Procedures. cccccccevecacanecscsccesscccessccesceces ade GENeTAlL cccccvenccvcecerecerecncesessesecscccecansesasescervece b. Summarizing LNFOLMATLON co cccccccccccsavacessrccscccensesed co Administrative Or COVE PAgESecececeaccccccncccesscccvece d. Office of OLAZINs ccccrecsesccccccccescccscccccccseneceses @- Title of COMMUNICAatLONS cercvececccccrcccccccccvccsesssscce f. Classifications ccccccceccrscccnscensstensescccsscecsesasesee geo Charactereccecvvnvcccvccevesccescscescccscsesscccecncscsese he. Copies of reports Or LHMScccccccwccceccccacseresccccevete Le SEAtUS oe wccc ceca cecsesr se acseessesecesssesweeveseseseecesee- je Closing and reopening of CASSCS ee ceenseaeeccevrersevesrevre 1. Submission of information on members of subversive SLOUPS occcccaccnccccrecrecccscreseseseccsverssenvaceees m. Control files on former members of subversive OL LAN Zations wceceececcvvccsccssssscavvacsecevacsesseece ne. Channeling information to case FileSeecosescevesccecerees Oo. Movement of subjects between of f1iceSe cccenececcccccesees Dissemination of Data Developedescerccccscecsccccccerscsevcvecece 1. General POLICY ec eeececccceseeeccecccenssseseceacescccessecees 2. Specific requirements. ccocccccscssvccvvscccvccceveccessessces ae Members of armed fOrceSeccccccecccsesnccseesecseversesene be. Aliens and naturalized Citizens. .cccececcccsccccesecccese ce Individuals employed in or having access to Key Facilities or employees of private contractors of the Armed ForceSecseccccsernc cece ccecseneceseeecs nce cnsens d. Employees of public Utilitiesecscccerccccessccccccevcccee e. Members of military reserve branches or National Guard... f. Seamen and subjects employed in,maritime industry..-.eeec. g. Employees of Federal GOVErnMeNt. .seseccccccccccccsccccens h. Individuals who own property or reside in immediate vicinity of installation or other premises under jurisdiction of branch of armed forcesScoecccosccvcccees i. Airmen licensed by Federal Aviation Administrations.s.ecesce j» Dissemination to Secret Service. cccocscccccccvccsvsccceces 3. Restrictions on field disseminationececsseccedevccssccceccces Administrative Index (ADEX) occccessccccevcecccccccccensncceveccce 1. Purpose and general policyeocrccrcccecesscesescccssccscccesveses Ze CLITELLA vce ccc rovoc eens rece mees eee e ere eeserseeasenssescceesece 3. Recommendation for preparation of ADEX Carde.cscccesccvcccecs . 4, Format of ADEX CAL ec cevvesrecvcccesecesesecacesseserseveesesee 5. Arrangement of ADEX en wc rer cer cenceceseecccssswsesersereseeesesee Ge At FBIHQ eo vew ccc crs ccc ene sccncc acess scsccsesersesese recs De In field OFFACO ee wecccccsevecesccerenscevecsesercsseesces (1) Alphabetical sectioneccccsccccccccccsccssasccecccocs (2) Geographical Sections. cccccecccccccnscsccnecccccces (3) Unavailable SOCTLONe cecccesacessccscesreseseseveeese be Special interest SUD JECTS cesecccccccccevnccccercesveseesoces 7. Changes in residence and employment of ADEX subjectScosseceee 8. Changes in other background datacocecesccecccccscccenvecescess 9. Movement of ADEX subjects between of ficesecrcrccceccesccccces 10. Subject entering Ue S. armed forceSere.ecceccecrecersvecnccecus 211. Removal of cards from ADEXe.cceccsccncecccccscececcvcovcseece 12. Reevaluation of ADEX statuSeccececscecccsessscccvcccscncsccesen 2 6-6-73 Bocld: 32989529 Page L162 k. Subjects traveling abroadeecorecccccncnvevesvescseveceses 17 17 A7 17 17 17 17 17 18 18 18 18 19 20 21 21 21 a1 21 “21 al 22 22 22 -22° 23
1. SECT-9ON 87. INVESTIGATIONS OF SUBVE" “IVE 7A ORGANIZATIONS AND INDI ts ‘Investigative jurisdiction . ; FBI investigations under this section are based on specific statutory ( : GENERAL GUIDELINES | ; | NW 55072 Docld:32989529 -Page 1863 jurisdiction and Departmental instructions. Investigations conducted under this section are to be directed to the. gathering of material pertinent to a determination whether or not the subject has violated, or is engaged in activities which may result in a violation of, one or more of the statutes enumerated below; or in fulfillment of Departmental instructions. ... . Se ee There are three principal statutes which provide a basis for these investigations, as follows: .- ae Rebellion or insurrection (T18, USC § 2383).. ’ "Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined not more than $10,000 or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States." b. Seditious conspiracy (T18, USC § 2384). "If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to over- throw, put down, or to destroy by force the Government of the United States, or to levy war against.them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined not more than $20,000 or imprisoned not more than twenty years, or both." ce Advocating the overthrow of the Government (T18, USC § 2385). "Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the.government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or "Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or "Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof-- "Shall be fined not more than $20,000 or imprisoned not more than twenty years, or both, and shall be ineligible for employment by . ° 6-6~73 ‘ - TIER REO ARON aAD yA are AIT HOLE WO TAT POAT TAMAR DOE AREER E YET WENO SY PEAT PO TRAIT INE Pre FAP ON Ford dor @ oR Ter Tey pat
, x SEC. @ 87. INVESTIGATIONS OF SUBVL VE ORGANIZATIONS AND INDIV LS ern [oe] ~] x» the United States or any department or agency thereof, for the five years next following his conviction. "If two or more persons conspire to commit any offense named in this section, each shall be fined not more than $20,000 or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction. "As used in this section, the terms 'organizes' and 'organize', with respect to any society, group, or assembly of persons, include the recruiting of new members, the forming of new units, and the regroup- ing or expansion of existing clubs, classes, and other units of such society, group, or assembly of persons." . . The courts have interpreted this statute to require advocacy to action, iee., advocacy to do something, now or in the future, rather than merely to believe in something. / . , In addition to the three principal statutes outlined above, there are two other statutes which might provide a statutory foundation for . an investigation under this section. These are: d. The Internal Security Act of 1950 and the Communist Control Act of 1954 (T50, USC §§ 781~810). ; =r EE Rema pee repre In summary, these statutes make it unlawful to knowingly contribute - to the establishment of a totalitarian dictatorship within the United States which is controlled by a foreign government, organi~ zation, or individual. The statutes also impose various restrictions on the activities of members or organizations cited by the Subversive Activities Control Board (SACB) as "communist action," "communist front," or "communist infiltrated" groups. The restrictions apply principally to employment by the Federal government or by a defense facility. [ The former SACB cited only one organization, the Communist Party, . [ USA, which was named as a "communist action" group. 2. Prosecutive determination All discussions pertaining to the prosecutive potential of investigations initiated under this section will be conducted by FBIHQ with Departmental officials. These cases should not be discussed with local U. S. Attorney's office without FBIHQ approval. 3. Related statutes ; There are a number of other statutes under. the FBI's investigative jurisdiction which should be borne in mind in handling these investigations. Information concerning possible violations of such statutes is frequently developed during these investigations. Where this occurs the field should consider the desirability of conducting investigation in line with the policies and procedures governing the statute in question. A list of other Federal statutes which may arise during these investigations is outlined in an appendix to this manual. . 9 Looe 6~6-73 : HW S5072 - Docld: 329895259 Page i864 we . . OAS chon aT oan rR wer amromstanNt ect LEAT MEDORA DELI MEP LPM REN DEORE IEE DETR SIP ORIEN ITNT VTE raed we a. ’ ' Chaat tha jn As aga Laka eka spans ants vasaa.nasaenadtiab Ui unesentemnaath Lak EA-ok wt ee ae eet YAY YA ERELO m1; PEDO LTTE RS TMNT A CORO INNS ON ET FETT AUT TL 28 £473 BERR iter cane me erameN I more AUT 22 Parteeemenieyeeenn in
oo on . ' . , . ’ . i ‘ ” ~~ aren” aren rarer pen rr nr rf efor re seat aren me foc fe fa ny fn gy, gpogoweny feeryemeney pen form fomenn pony MW Sa072 4. SECTTON 87. INVESTIGATIONS OF SUBVERSIVE \ ORGANIZATIONS AND INDIV J IALS Definitions The term "subversive activities" as used in this section denotes activities which are aimed at overthrowing, destroying or undermining the Government of the United States or any of its political subdivisions by the illegal means prohibited by statutes enumerated in Ae 1. above. The term "subversive organization" or "subversive movement" denotes a group - or movement which is known to engage in or advocate subversive activities, as defined above. Predication for investigation In all cases handled under the provisions of this section, the first communication prepared which indicates an investigation is being initiated Cintraoffice memorandum, letter, airtel, teletype or report) should show specifically the statute upon which the investigation is’ based together with all the supporting facts. Such a predication must be included in the first communication to FBIHQ and the first report or LHM prepared in each cases Where investigation has been specifically requested by Department, this should be indicated in predication. The . following examples are illustrative; however , the predication for each individual case must be tailored to the circumstances of such case. ae "This investigation is based on information that the subject's activities may be in violation of T18, USC § 2383 (Rebellion or insurrection), and § 2384 (Seditious conspiracy). A source whose reliability has not been determined has informed that the subject is planning, along with others, to travel-to Washington, D. C., on April 30, 1971, to participate in planned violent demonstrations during the first week in May, 1971, to ‘shut down the Government.! Demonstra- tion plans include the blocking of streets and highways, destruction of personal and Government property, and physical obstruction to prevent Government employees from reporting to work." b. "This investigation is based on information that the subject's activities may be in violation of T18, USC § 2385 (Advocating the overthrow of the Government). The subject is an admitted member . Cor has been identified as a member by a confidential source who has provided reliable information in the past) of (name of group). The- (name of group) in its public statements and publications advocates the desirability and necessity of overthrowing the U. S. Government by force or violence, and the assassination of U. S- Government officers. The same source has reported that the subject actively supports these positions." If the statutory basis for an investigation should change.or be expanded to include an additional statute or statutes, the first communication prepared subsequent to such change or expansion should specifically show such changes. Similarly, this information should be included in the next report or LHM prepared in the case. . Accuracy of characterizations Assure that statements relating to characterizations of an individual or organization, or relating to affiliations with or membership in any organization, are founded on a firm bases. Identify sources for such characterizations or statements of affiliation or membership if such characterizations, affiliations or memberships are not commonly and ~ publicly known. 6~6~73 ay Seth, Doold: 32969529 Page 1665