A The Law Enforcement Assistance Act of 1965 is repealed by this Act. Loans and grants can be provided to institutions of higher education for individual educational programs. The Administration will make rules, regulations and procedures as necessary; it can use the services, equipment, personnel and facilities of the Department of Justice; other civilian and military agencies, and instrumentalities of the Federal Government. The Act specifically prohibits Federal control over State or local law enforcement agencies. It authorizes the appropriation of $100, 111, 000 for implementation of Act during Fiscal 1969 and $300, 000, 000 for Fiscal 1970. Each recipient must keep prescribed records to disclose amount and disposition of funds to facilitate effective audit. You will be provided, in other communications, with additional details regarding the implementation of Section 404, as soon as funds are appropriated for that purpose. : Title II purports to abolish the rules laid down by the Supreme Court in Miranda v. Arizona, 384 U.S. 436 (1966); McNabb v. U.S., 318 U.S. 332 (1948); Mallory v. U.S., 354 U.S. 449 (195'7); and U.S. v. Wade, 388 U.S. 218 (1967), despite the fact that the Miranda and Wade decisions have a constitutional basis and a statute does not override the Constitution. McNabb and Mallory are based on the asserted authority of the judiciary to supervise law enforcement. The statute states that a confession shall be admissible in Federal court if voluntarily given. This is the pre-Escobedo, pre- Miranda standard. Yet in determining voluntariness, the court may take into consideration most of the criteria involved under the Miranda_ rule. No confession shall be inadmissible solely because of delay in bringing the arrested person before a judicial officer for a hearing. This overrules McNabb and Mallory, unless the Court later places the rule of those decisions on a constitutional basis. Eyewitness testimony shall be admissible in Federal courts. Here the statute attempts to override Wade, which holds that such testimony which has been infected by an improper lineup shall not be admissible. Make no changes in your interview and lineup procedures at this time.. Continue to follow the requirements of Miranda on state- ments and Wade on lineups. Continue without change the present policy 7/9/68 i SAC LETTER 68-39 -2- NW 55069 Doocld: 32985528 Page 915
of getting the arrested person before a judicial officer for a hearing as soon as reasonably possible under the circumstances, subject only to delay reasonably necessary in the case, such as that for transportation, booking and a short period for interrogation of an accused who is willing to make a statement. Title II authorizes interception of wire or oral com- munications by law enforcement officers pursuant to court order in specific categories of crime including, among others, violations of Title 18, U.S. Code, involving espionage, sabotage, treason, murder, kidnapping, robbery, extortion, various gambling and racketeering offenses, interstate transportation of stolen property, theft from inter- state shipment, embezzlement from pension and welfare funds, narcotics, bribery, and extortionate credit transactions, All statutory restrictions are lifted, however, from". . .the constitutional power of the President to take such measures as he deems necessary to protect the Nation against actual or potential attack or other hostile acts of a foreign power, or to obtain foreign intelligence information deemed essential to the security of the United States, or to protect national security information against foreign intelligence activities," or to protect against "overthrow of the Government by force or other unlawful means, or against any other clear and present danger to the structure or existence of Govern- ment.'' Communications reasonabiy intercepted by this special presi- dential authority may be used in evidence but not otherwise used or disclosed except as necessary to implement the presidential power. A Federal court order requires authorization. of the Attorney General, or designated Assistant Attorney General, for filing an application by FBI or other Federal law enforcement agency to a Federal judge. The written application shall identify the officer making the application and the officer who authorized it, give complete statement of facts and circumstances relied upon by applicant, including details of offense which has been, is being, or is about to be committed, nature and location of place of interception, type of communication sought, and identity of person, if known, committing the offense or whose communi- cation is to be intercepted. The applicant must state whether other in- vestigative procedures have been tried and failed, period of time for which interception intended, the history of previous applications involving . 7/9/68 | SAC LETTER 68-39 ~3- oo. HW 35069 Docld: 32939528 Page 916
same facilities, place, or individuals. Judge may additionally require applicant to furnish any other testimony or documentary evidence he believes necessary. On such application the judge may issue an order authorizing the surveillance if he finds probable cause for belief that a person is committing an enumerated offense, that communications concerning such offense will be obtained through such interception; that normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous; and that the facilities where the interception is to be made are used, about to be used, leased to, or listed in the name of the person named in the application. Similar provisions are made for issuance of such orders to the Attorney General of a state or the principal attorney of a political subdivision of a state by a state judge of competent jurisdiction. An order authorizing interception of any wire or oral communication may be issued for no longer than 30 days, with ex- tensions, as needed, upon reapplication. Emergency situations in- + volving conspiratorial activities which "threaten the national security or are characteristic of organized crime" enable law enforcement to intercept without court order if there are grounds upon which an order could be obtained through prescribed application. In such cases the application must be made within 48 hours after the emergency inter- ception has commenced. A permanent recording must be made of all conversations intercepted pursuant to court order. Such recordings shall be sealed under directions of the issuing judge. Within a reasonable time but not later than 90 days after termination of an authorized surveillance, the judge shall cause to be served on individuals named in the order, and on such other parties to intercepted communications as the judge may see fit, an inventory including notice of existence of the order, date of entry, period author- ized, and fact that during the period wire or oral communications were intercepted, On showing of good cause, the judge may postpone the serving of this inventory. 7/9/68 SAC LETTER 68-39 ~4- MW 55069 Docld: 32999526 Page S17
After the Act became law, the Attorney General reaffirmed his policy that an electronic surveillance will not be authorized except in cases of a national security nature, . \- The statute also protects privacy of wire and oral communications by prohibiting: (1) Unauthorized interception of wire or oral com- munications; (2) Unauthorized use of electronic, mechanical or other device to intercept oral communication; (3) Disclosure or use of contents of wire or oral communication; (4) Unauthorized manufacture, distribution, possession or advertising of electronic, mechanical or other devices primarily useful for surreptitious interception of wire or oral communication. Maximum penalty for above violations is fine of not more than $10, 000 or imprisonment for not more than five years, or both. In addition, confiscation of intercepting devices used, sold, or advertised in violation of this statute is authorized. This Title amends Section 605 of the Communications Act of 1934 (47 U.S.C. 605) by removing those provisions relating to - interception of wire communications. Such activity is now regulated by the new Act. An offense can be established by simply showing wilful © and unauthorized interception or disclosure of such communications. Another section allows immunity for testimony of witnesses or production of records or other evidence in any case involving a vio- lation of this chapter, or in violations enumerated in the chapter as those in which court orders authorizing the interception of communications can be issued. Thus, an immunity grant is available in proceedings relating not only to violations of this Title but to any offense for which an eaves- dropping order could be authorized. This covers a broad range of 7/9/68 SAC LETTER 68-39 -5- | NW 55069 Doold: 329089528 Page 916
offenses punishable under Title 18, U.S. Code, involving murder, robbery, kidnapping and extortion, espionage, sabotage, etc. Title IV, on 'State Firearms Control Assistance," which does not become effective until 180 days after the date of enactment on June 19, 1968, bases its principal provisions on the interstate commerce clause and prohibits the sale or transfer of any firearm, other than a shotgun or rifle, to any unauthorized person residing in another state. Further, firearms dealers are prohibited from selling handguns to any person less than 21 years of age and such dealers are required to keep records of all sales which will include the name, age and place of resi- dence of the person to whom such firearm is sold or delivered. Interstate transportation of stolen firearms or firearms from which the serial number has been removed is made unlawful. Any person who is under indictment or who has been convicted of a crime punishable for a term exceeding one year, or who is a fugitive from justice is prohibited from shipping, transporting or receiving any firearm or ammunition in inter- state or foreign commerce. The primary investigative jurisdiction is to be vested in the Treasury Department. Upon the effective date of Title IV, the Federal Firearms Act (Title 15, United States Code, Sections 901-910) will be repealed. Until Title IV becomes effective, you will continue to handle violation of the National Firearms Act and the Federal Firearms Act as at present. Detailed instructions will be furnished you for com- pliance with this Title prior to its effective date. Title V provides that any person convicted in Federal, State or local court of a felony pertaining to several specified types of conduct in riots and civil disorders shall be disqualified, for five years after conviction, from employment by the Federal Government or that of the District of Columbia. - Title VI changes present law by providing that each sub- sequent Director of the FBI shall be appointed by the President, by and with the advice and consent of the Senate. 7/9/68 SAC LETTER 68-39 7 6- MW 35069 Doold:32899525 Page 815
Title VII makes it unlawful for any person who (1) has been convicted of a felony, or (2) has received a discharge from the Armed Forces under other than honorable conditions, or (3) has been adjudged a mental-incompetent, or (4) has renounced his U. 8. citizen- ship, or (5) is an alien illegally or unlawfully in the United States, to receive, possess or transport in commerce or affecting commerce any firearm. It is also unlawful for an employee of any of the above, with knowledge and in the course of his employment, to receive, possess or transport in commerce or affecting commerce any firearm. A "firearm" is any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; or any firearm muffler or firearm silencer; or any destructive device. Any handgun, rifle or shotgun is included in the definition of a firearm. A ''destructive device" is any expiosive, incendiary, or poison gas bomb, grenade, mine, rocket, missile, or similar device; and includes any type of weapon which will or is designed to or may readily be converted to expel a projectile by the action of any explosive and having a barrel with a bore of one-half inch or more in diameter. Exempted from the above provisions are prisoners who, by reason of duties connected with law enforcement, have been entrusted with firearms by prison authorities, and persons who have received par- dons and have been expressly authorized by the official granting the pardon to receive, possess or transport firearms. Penalty is a fine of not more than $10, 000 or imprison- ment for not more than two years, or both. Investigative jurisdiction was not designated. You will be advised upon receipt of Department advice as to the Bureau's respon- sibilities hereunder. Title VIII allows the Rkderal Government to take an appeal from an adverse ruling on a pretrial motion to suppress evi- dence. This has not previously been possible except in narcotics cases. 7/9/68 SAC LETTER 68-39 -7- NW 55069 Doeld: 32989526 Page 320 a
Title IX provides that a search warrant may issue "to search for and seize any property that constitutes evidence of a criminal offense in violation of the laws of the United States."' This makes a fourth item for which the search warrant may issue, the others being the instrumentalities, fruits and contraband of crime. The statute here follows the decision in Warden v. Hayden, 387 U.S. 294 (1967),in which the Supreme Court held that things purely evidentiary may be searched for and seized. Title X applies to the District of Columbia only. It punishes threats or demands pertaining to kidnapping or to injuring the person, property or reputation of another. H 7/9/68 7 SAC LETTER 68- 39 , (B) “CONDUCT AND ACTIVITIES OF EMPLOYEES - PARTICIPATION OF FEDERAL EMPLOYEES IN RIOTS AND CIVIL DISORDERS -- Public Law 90- 485; enacted June 19, 1968, provides that: “a) An individual convicted by any Federal, State, or local court of competent jurisdiction of -- (1) inciting a riot or civil disorder; (2) organizing, promoting, encouraging, or participating in a riot or civil disorder; (3) aiding or abetting any person in committing any offense specified in clause (1) or (2); or (4) any offense determined by the head of the em- ploying agency to have been committed in furtherance of, or while participating in, a riot or civil disorder; cane | shall, if the offense for which he is convicted is a felony, be ineligible to accept or hold any position in the United States Government for the five years immediately following the date upon which his conviction becomes final. Any such individual already holding a position in the United States Government on the date his conviction becomes final shall be removed from such position. [ (b) For the purposes of this section, "felony'’ means any offense for which the imprisonment is authorized fora term exceeding one year. ord 7/9/68 SAC LETTER 68- 39 ~ 8- HW 35069 Doold: 32989526 age
The above information should be brought to the attention of all employees presently on duty without delay and of all new employees at the time they enter on duty. ‘(Security Letter on attached pages). 7/9/68 SAC LETTER 68-39 -~9- MW 55069 Docld: 32989526 Page S22
(C) FIRST LAT IN AMERICAN CONGRESS OF JOURNALISTS -- Accord~ ‘ ing to current press reports, Fidel Castro is planning still another major anti-U. 8. propaganda spectacle scheduled to be known as the First Latin American Congress of Journalists and planned for July 28, 1968, to August 1, i968, ir Havana. Reportedly, Latin American writers and newsmen will form the nucleus of the Congress but press representatives | from Asia, Africa, Europe, and Norih America also will be invited. Radio Havana, one of the Cuban Government's chief propaganda outlets, has announced the theme of the Congress as “Anti-imperialism, “ and delegates are to be journalists who view the Congress as a powerful stimulus to the revolutionary struggles in their home countries. in keeping with the goals” outlined at the July. 1 1967. Latin-American Solidarity Organization ~ Conference and the January, 1968, Cultural Congress, the forthcoming meeting can logically be expected ‘to close with the adoption of resolutions exhorting the overthrow of the U. S. Government through violent, armed revolutionary action. ' It is anticipated that many U. S. apologists for the Gastro regime will attend and that some legitimate U. S. newsmen will be allowed to cover open sessions of the Congress. Many will probably travel with- out Department of Siate authority and under cnrvrant reonlations will not. be subjected to punitive action by the U. S. Tira AGeue y . LONSIDE RATION we eppe ny _..... All offices be alert to any information showing known subversives or other individuals who can be fully documented as members of subversive organizations are planning to travel to Cuba for the Congress or for the celebration on the anniversary of Fidel Castro's 1953 attack on the Moncada Barracks in Santiago, Cuba, which will be held on July 26, 1968. Furnish the identity of any such traveler by expedite communication to the Bureau and include therein a vy ery succinct resume ew ae "y 19/83 SAC LETTER 68-39 ~ 10- So . “ oN 1 ¢ NN FS06o Doold: 32909528 Page 923 .
of his subversive affiliations. Also provide the names, descriptions, or symbol numbers of the sources who can substantiate the documentation and any available information concerning the prospective visitor's travel. document and itinerary which will aid desires to take action Offices also be alert io our need for firsthand coverage of the Congress and make positive recommendaiions concerning advance briefing and/or debriefing of logical prospects for attendance at the Congress. if any special security factors exist, outline them in the initial communi- cation containing your recommendaiions. Very truly yours, Jgonn Edgar Hoover : Director feat ' SAC LETTER 68-39 - i MW 55069 Docld: 32989528 Page 824 -