y HW 55075 Appendix C DOCUMENTS : PERTAINING TO THE "HUSTON PLAN", COINTELPRO, I. Huston Plan ané@ Related Developments wate te AND OTHER PRACTICES AND PROGRAMS: ; prot wae 4 : ont . Noe r f i ry aie or Please provide: 1. Peta f f Do@1d:32989532 Page 45 All memoranda and other materials pertaining to the FBI's termination in 1966 of the investigative techniques referred to in President Nixon's state- ment of May 22, 1973 (Presidential Docs. 693-94). A letter. dated June 20, 1969, from Tom Charles Huston, staff assistant to the Presiderit, to the ‘ Director of the FBI concerning resources being targeted toward the monitoring of foreign communist ~ support of revolutionary youth activities in the United States, effectiveness of such resources, gaps in intelligence, and steps which should be ‘taken to provide maximum coverage. The response by the FBI to the letter set out in Item 2 and all other FBI memoranda and other mate- rials pertaining to the correspondence. The interdepartmental Action Plan for Civil Dis- turbances, dated April l, 1969, arid all memoranda and other materials pertaining to the origins and _ implementation of that ‘Plan. All memoranda and other materials pertaining tO a. : request from Tom Charles Huston for an FBI inves-— tigation of the involvement of the New Mobilization Committee in violent demonstrations in November 1969. FBI policies, practices, and procedures for. liaison with the CIA from 1960 to May 1970. All memoranda and other materials relating to the 1969 disappearance of Associate Professor Thomas Riha, University of Colorado, insofar: ‘as such memos iret. * 22! randa and materials relate to: va- Ue 395 We ALL memoranda. and other materials pertaining to-: ee we [Een .
. HW 55075 ‘10. wii. _ 13. Doctd: a.° Efforts of the FBI to ascertain the identity . of confidential sources of the Central Intelligence Agency; and b. Inspections and administrative inquiries rem ‘lating to the disclosure of inform’ ‘or 3. > Dr. Joseph R. Smiley, then—PresiGv.e. oF vse University of Colorado. All memoranda and other materials relating to actions by the Director or any other official of .the FBI severing liaison (formal, informal, or other) or terminating contact (formal, informal, or other) between personnel of the FBI and person- nel of the Central Intelligence Agency. All memoranda and other materials reflecting con- versations or communications, during 1970, between agents of the FBI and the FBI Director on the . subject of liaison or contact between personnel of the FBI and personnel of the Central Intelli- .. gence Agency, including, put not limited to, all memoranda and other materials written’ by former Special Agent Sam Papich. ; All memoranda or other materials relating to the elimination of the Liaison Section of the FBI Intelligence Division in 1970 and relating to the ' re-establishment of the Liaison Section in late 1972 or early 1973. 70°? All memoranda and other materials prepared or com- piled by FBI personnel assigned to the Interagericy Committee on Intell from June 5. L9705" Lidgencs, (Ad, Hoc) working group ‘to June 25) 1970. Letter from FBI Director Hoover to Attorney General Mitchell dated July 27, 1970, regarding the "Huston ~ Pian". All memoranda or other materials pertaining to meetings or conversations between FBI Director Hoover and Attorney General Mitchell from July 23, 1970, through July 28, 1970, concerning the "Huston Plan". 329695352 Page 46 ee
14. 15. _ II. COINTELPRO - Please provide: 116. Rees 17. , 6 -3- : Yd “ All memoranda and other materials in the posses- sion of the FBI pertaining to the activities of the Intelligence Evaluation Committee. ‘All memoranda and other materials pertaining to the decision by Assistant Attorney General Henry Petersen to terminate the Intellisence Evaluation Committee on June i11,° 1973. Purcher doonumenes - regarding the Intelligence Evaluation Committee were requested in the letter of the Chief Counsel ‘ to the Deputy Attorney General dated April 23, _ 1975. See Appendix A, Item 8.) Summaries of COINTELPRO case files prepared by the FBI for the Committee chaired by Assistant Attorney Gerieral Henry Petersen (see prepared statement of Attorney. General William Saxbe before the House | Judiciary Committee on November 20, 1974). All memoranda and other materiais pertaining to ‘the origin and implementation of all COINTELPRO 18. 19. ey ee en ed 55075 Doold: 32999532 Page 47 programs, including, but not limited to, the seven programs set out in the airtel from the FBI ft Director to SAC, Albany, dated April 28, 1971, entitled "Counterintelligence Programs (COINTELPROS) , Internal Security - Racial Matters". Committee staff access’ to a list of all FBI head- - quarters supervisory personnel involved in the. origination, implementation, and termination of - each COINTELPRO program.’ All memoranda or _other_ materials’ reflecting approval _ or knowledge of any COINTELPRO program by any govern- ment official outside the FBI including, _ but_not limited __ to, any Attoniey ReneratsHember-of | Congress , or President. ~ye
ro . = . ’ . . tin _¢ * , : Y ) - . . * . on t . * a em ey FR - ~ . on . 20. A list of any COINTELPRO type activities or Geltinn .: the prepared statement of Ae tomncy Ganaxy 2 [aK00 cb. the House Judiciary Commitwse cn Novena a ee were engaged in by the FBL subse aquenc co April x we , . td cbnnte EG gael ome Tif. Other Specific’ FBI Practices and Programs on . 21.: An itemized description of the contents of each. sot - file folder in the so-called "Official and Con- fidential" files of the FBI (see testimony of Attorney; General Levi before the House Judiciary Committee, February 27, 1975). -22. All memoranda and other materials contained in ‘ thé "Official and Confidential" files pertaining to internal security, intelligence collection, and/or coynterintelligence matters, operations, or activities including, but not limited to, the . following documents:mentioned by the Attorney General: . a. "Policy Matters" -~- "Presidential directives regarding the role of the FBI in the security — field; conversations between Mr. Hoover and a President~elect regarding the role of the | FBI in his forthcoming Administration; letters. | ‘to and from the White House regarding .expan~~ sion of FBI legal attache posts abroad". b. “Administrative Matters" -- "Memoranda regard- ing-an Attorney General's decision with respect to supervision of the FBI by an Assistant Attorney General; a memorandum concerning the briefing of the President by Mr. Hoover and the Attorney General with respect to certain intelligence activities by hostile nations within the United States". Cc. "Reference Material" --- WA compilation of data concerning the 1964 riots". HW 55075 DodId:32989532 Page 48
23. d. "Protection of sources or sensitive informa~ tion" ~~ "Materials on FBI counterintelligence activities; technical devices and techniques; the telephone surveillance involving sensitive coverage in the national security area”. All memoranda, files, or other materials, includ- ing inspection reports or related surveys, which pertain to the following statement by Attorney General Levi in his testimony before the House Judiciary Committee, February 27, 1975: ". . . In order to consider what measures may be appropriate, we have endeavored to characterize the types of abuse to which the Bureau has been susceptible in the past. a. "Use of the resources’ of the FBI to gather political intelligence. Our review disclosed a few documented instances in which the Bureau at times during the.course of an election campaign was requested to provide -- and did indeed provide -- information which could be ‘used as political intelligence information. In one instance, this involved a check of FBI files on the staff of a campaign opponent. b. "Improper use of the FBI in connection with the political process. Ina few instances recorded in Bureau files, an incumbent Presi- dent caused the FBI to gather intelligence relating to a political convention under cir- cumstances that although cast in legitimate. law. enforcement terms could -- and some would say should -- have been suspected of being politically motivated. c. “Use of the FBI to report on. certain activi- ties of critics of an Administration's policies. “The FBI files document a few instances in which an incumbent President caused the Bureau to report on certain activities of Members. of Congress who were opposed to and critical of his policies. .
HW 55075 hee 2k, » wih, 25. ad. "Use of information in the FBI files to - respond to or discredit. critics. Again, the Bureau files document a very small number of — , . instances in which derogatory information legitimately obtained by the Bureau was dis- seminated to other members of the Execut "ve . Branch.to enable them to discredic unzle _eritics. ‘e. -“Use of the FBI in connection with other legitimate law enforcement activities. There, was one documented instance where the FBI was used to conduct an inquiry for what might be described as political purposes, relating to ; an investigation properly conducted by other | Executive Branch officials." ‘All memoranda and other materials reflecting con- versations, contacts, or communications between the FBI and the CIA on the subject of the estab- lishment or “creation of "notional" Marxist- Leninist organizations ‘within the United States. : All memoranda and. other materials reflecting activi- ties of any agents, employees, or informants of the FBI in connection with: . a. The establishment, creation, or financing of "notional" Marxist- Leninist organizations with- in the United States. ‘ b. The establishment, creation, er financing of: (1) The Red Star Cadre, or Red’ Star Swap Shop; (2) The iRed’ Collective ee _—_ All reports prepared by the Office of Criminal Justice of the Department of Justice pursuant to the request in September 1974 of the Attorney Gen- eral and/or Deputy Attorney General pertaining to the so-called "Wounded’ Knee" case and any other so-called "political trial" or other prosecutions brought by the Special Litigation Section of the Internal Security Division. Docld:32989532 Page 50 ~~ _ . —_ oe
(b) relate to electronic surveillances of telephones and/or premises at 241k Atlantic Avenue and/or the Clairidge ; Hotel in Atlantic City, New Jersey, during August 195%. o 8. Committee staff access to all memoranda and ones neserials reflecting the identities of persons monitoreé, U.G conuemae ue conversations monitored, and/or any information ch. lk conversations monitored on the surveillancés deses.. 2. 2 TL, 9. Copies of all memoranda and other materials relating to wane, préparation, dissemination, and/or withdrawal of all monographs con ' cerning Martin Luther King, Jr., not to include the monographs themselves. . , io. All records, vouchers, travel authorizations, expense receipts, ticket stubs, governmental travel requests (GTR's), and ‘any other documents which relate to travel by: (a) Former Special Agent Lish Whitson from Washington, D.C., to Tampa or Miami, Florida, during 1964; - (b) Former Special Agents Cartha DeLoach, Hobson Adcock, Don Manning, Harold Linebaugh, and Elmer Todd from Washington, a D.C.,.to Atlantic City, New Jersey, during August 1964;. (c) Former Special Agent William C. Sullivan fron Washington, D.C., to Atlanta, Georgia, during 1964. ii. The current office of assignment or last known adress of ‘the following persons who, in 1964, were employed at the Newark, New Jersey, office of the FBI: . (a) Robert L. Tagg oe - * “(b) John B. Meade poe | (c) Billie D. Williams Se . : oe (a) John J. Creamer, Ir. oo Ce) John J. Connolly *  (£) Marjorie Ann Miermejewski (g) Mary A Ann Mass ‘he: The last Jhown address of the following former Special Agents ‘ 7 of tisyeBI: a . Neo . ‘ oo. . . ta . : HW 55075 Docld:32989532 Page 53 ~
j ° = SAN yon amt Ts = ee *. . io . ¢ ~ « . . o- oo . * . . . (a) Harold Linebaugh, who: in 1964 was "employed. at FBI headquarters 5 (b) Elmer Todd, who in 196h was employed at. the Washington Field Office. 13. The names and current office assignments or last known addresses of all FBI employees assigned to the U. S. Embassy in Rome, Italy, in 1964. 14. SAC letter 64-11 captioned "Protection of the President"; and February 28, 1964, communication from FBI headquarters to FBI field. offices supplementing and/or relating to the same subject. - 15. All July and August memoranda from former Special Agent Leo fT. Clark to the Assistant Special Agent in Charge or the Special Agent in Charge of the Newark, New Jersey office of the FBI, captioned "Protection of the President ~ White House Inquiry". - ° 16. All memoranda and other materials containing the results of any administrative or other inquiry undertaken by the FBI as a ‘result of and/or relating to the allegations contained in the January 26, 1975, issue of The Washington Post concerning activities of the FBI in Atlantic City, New Jersey, in August 1964. 17. All memoranda and other materials reflecting written or oral authorization and re~authorization by the Attorney General and/or the Director of the FBI for electronic surveillance of Joseph Kraft. . 18. The ‘current office assignment or last known address of the following persons who, in 1969-10, were employed at the Washington, D.C., office of the FBI: (a) Robert Kunkel | ° (pb) Courtland Jones (c) Ernest Belter ‘ (a) James Gaffney <. 19. The current office assignment or last known address of the following persons who, in 1969-70, were employed at FBI headquarters: m (a) Joseph A. Sizoo (a). Bernard A, Wells (b) Michael Joseph Rozamus (e) Robert Haynes (c) Sterling Donahue HW 55075 _DocId: 32989532 Page 54
: ; : _ oar) — . woe ys . 1 ” “wt A . . , moa .* . ‘ 20. The current office assignment: or last known ‘address of Al or Alan Miller who, in’1964, was employed at the Avlante, Georgia ; office of the FBI. ; 21. With respect to each occasion on which the Director of ; the FBI testified before the House Appropriations Committee from 1965 until the present, please provide the number of warrantless electronic surveillances in operation: , , (a) on the date of such testimony; (bo) ‘thirty days prior to such testimony; and | i (c) thirty days subsequent to such testimony. ore anf “arp welt, | HW. 35075 Doqlda: 32969532 Page 55 5
Bubis@tRev. 3-21-73) “ D Intelligence Division INFORMATIVE NOTE pate May 13, 1975 Attached is a teletype from the Newark Office advising that former SA John Patrick Devlin has been requested to appear before the Senate Select Committee (SSC) in Washington, D. C., 5/19/75 to be interviewed "for the record,'' By memorandum dated 5/8/75 we advised the Attorney General that Devlin had been interviewed by Staff Members, SSC, and furnished him an LHM covering the thrust of this interview. Responsive to Devlin's request, we aré telephonically advising him through the Newark Office to contact the Bureau's Legal Counsel regarding arrangements for a representative from the Bureau to accompany him on the 5/19/75 appearance before the SSC. 1 - Mr. M elo yr bse Agi *\ ore | Sw weds Sor WEAR WA. kp OC :ekw moe ie, v Ant, INFORMATION CONTAINED a HERSIYIS U ICLASSIFIED, he te DATS [VAIO (_ 3: Ir FEM ee HW 55075 Docld:32969532 Page 56 DOJ/ FBI
Assoe. Dir, _._. #! Dep.-A.D.-Adm i. | t Dep.-A.D.-Inv i ; Asst. Dir.: FEDERAL BUREAU OF IfIvESTIGATION 9 COMMUNICATIONS SECTION Rigoe AX CODED a § Admin. _.. ; Qpaes NITEL 5/21/75 VAN MAT a EPS | xt Affaire Files & om a se oh TO DIRECTOR (62-116395) a | FROM ALEXANDRIA (62-217) (UC) 1 PAGE | Tnsvection fires aA Laborat ma ae 73) , Plan. & Bval — fi ee GE Spec. Inv. f RE ALEXANDRIA TELETYPE TO BUREAU, MAY 3, 1975.,7*° Training FORMER BUREAU AGENT HAROLD P. LEINBAUGH, 1160 WIMBLEDON per pgecrors Ba —| MC CLEAN, VIRGINIA, CONTACTED ON MAY 20, 1975, IN ACCORDANCE WITH BUREAU INSTRUCTIONS, LEINBAUGH STATED HIS FEELING AT PRESENT IS THAT HE WILL REFUSE TO BE INTERVIEWED BY STAFF MEMBER OF CONGRES- | SIONAL COMMITTEE BUT IN EVENT HE CONSENTS TO INTERVIEW AND SENSITIVE MATTERS ARISE, HE WILL REQUEST PRESENCE OF BUREAU AGENT OR CONTACT LEGAL COUNSEL AT FBIH@. yO END | ,1e ‘ eY Vhs AO HOLD FOR ONE oe un ent oy EMAH FBIHQ ACK FR ONE a ey re | ree ote Piha! fabs } 1 ee ‘ bent at! ad x ~ Ne ¥ a 13 MAY 271975 | weNGDS! «= OSRDRSRTTH REET ' fee Br Aydday Qvpcifd§2980532 Page 57 |
Assoc. Di Dep. ‘AD Deane 1 ® ' + , + pene Duel OF Wei ghee : y fides SC aSfUUAICATION 43 SECTION Asst, Dit?s? Admin, Comp. Va ee Rx ira Ne ilse & Com, a a wii - Gon, Inv. _ 3 / 2 ee - D rent ° eI YR O06 NK PLAIN ~~ ale fc aad | AY 0) L nh alk ' \3 - a M' Weiss f G a a, sy ree 5:37PM NITEL MAY 12, 1975 JCG oR 9 AN Sips Inve . ae * a she Qe _ 70 U-~ DIRECTOR (62-116395) oot eat OS regal Coun, . : Roe e165 - Telephone Rm __. Oe _ NEWARK (66-3971) ces BY [Director Sec'y | | (CsEnstupy m | . Coan TO BUREAU TODAY. fyi? FORMER SA JOHN PATRICK DEVLIN CONTACTED THE NEWARK OFFICE MAY 12, 1975, AND ADVISED HE WAS REQUESED TO APPEAR BEFORE THE SENATE COMMITTEE AT 2200 P.Me, IN WASHINGTON, D.C., ON MONDAY, MAY 19, TO BE INTERVIEWED FOR THE RECORD. AS THE BUREAU IS AWARE, DEVLINHAS BEEN PREVIOUSLY INTERVIEWED REGARDING HIS KNOWLEDGE OF THE TECHNICAL SURVEILLANCES CONDUCTED DURING 1964 DEMOCRATIC PARTY NATIONAL NOMINATING CONVENTION, ATLANTIC CITY, ‘) DEVLIN ADVISED THAT HE WOULD LIKE SOMEONE FROM THE BUREAU TO ACCOMPANY HIM TO THE INTERVIEW BY THE SENATE COMMITTEE STAFF. BUREAU IS REQUESTED TO ADVISE NEWARK, FOR TRANSMITTAL TO DEVLIN, ENFORMATION CONCERNING WHOM HE SHOULD CONTA fh BUREAU MiRAT al v THIS REQUEST. iw AIS. A END 1G MAY 27 1975 -PESACK-FOR—C5) —aommam Tee 8 4 MAY 27 i975 H 9590552
~ L - igs Adams “ok i~} Cleveland ; 1 - Mr. Gebhardt . 32 - Me. Wannall 16, 975 rt Re May 2975 | ALT, THFORMATION CONTAINED ~ PURELN IS UNCLASSIFIED BY LIAISON pATz a feel Bis Y 1 ~ Mr. Cregar _ 1+ tr. Flenister the . i - Mr. Cresciscli . y Mr. Gibfian J. Cotter Chief Postal Inspector @. 8. Postal Service Washington, B.S. Dear Bills RoI E have been advised: thab-e -yepeSsentative of A fe we the Seaste Select Committees has recentiy made a request pit of your Service to furnigh the identities of @14 PBE mail covers placed since £986. - In view of the fact that such information Girectly relates te the investigative responsibiliities OF this Bureai, 2t is vegunested that you adic so the Senate Select Commitice that such a request should se RAKE te the FRE thro Beh the Office ef the Attorney General. Your cooperation in this matter is § since erely , aypreclated. “= . ju 4 ot @incerely yours, ln ae OOD BS EIERER ~ Glaresce HB. Kelley qax MAYAQT 1975 py : Director ema Gomme UTENNF ORIGINAL FILED HN le ~A- Z@ IS Pp LaCitdp (20) tte of NOTE: , ; Soe memorandum Flemister to Wannali dated 5/15/75, captioned "Maki Covers," prepared by LAC:tdp. Assoc. Dir. Dep. AD Adm, —_ Dep. AD lay. - Pa Comp. Syst. —_— I ; s bth Ext. Affairs __ Pda =, on, i - 7 Files & Con. _ \2: af AO we . 7, 4 NOT wos napa we Ident eri - , 1 rl “is oy “ i é fan an WN 4975 [/ Laboratory _ f < : FREER Plen. & Eval, Lb fo of - — ..- Spec. inv. PE “ yer Training . Arsit Legal Coun. i Telephone Rm. v ° { ify Disuetor Sacty MAIL ROOM[L_] TELFTYPE uNIT_) . M 8.4 MAY 27 1975 __ WW 55075 DocId: 32989532 Page 60 . . -
TO FROM Vy vi ” fT0N conrarush "94 - ALM) pth, TIYOREA. be MUI 1S 8 4 MAY 27 1975 “pocld: 32989532 HW 55075 “OPTIONAL FORM.NO, 10 5010—105 MAY 1962 EDITION GSA GEN. REG. NO. 27 UNITED STATES CQRMent , @... Adams wasoc. Dir, _ Dep. AD Adm. _ SUBJECT: ‘extremely sensitive cases. ~ Dep. AD Inv, Mr. WR. Wannaly weer DATE: 8/15/75 Files & Com hr 1 -.Mr. Gebhardt ae Inv. 7 1 - Mr. Wannall neccsaia : H.C, Flemister, Jr./? 1 - Mr. Cregar (pel 1 - Mr. Flemister Laboratory — 1 - Mr. Crescioli fori het— MAIL COVERS Teiing Se SS Legal Coufirec>__ . Telephone-Rm. This is to advise of recent request by Senate Dn tiene Select Committee (SSC) that U. S. Postal Service (USPS) f hE s o the SSC the identities of all mail covers placed . by the FBI since 1960. | | On 5/14/75 Mr. Ron L. Jackson, Assistant Chief Inspector, Office of Security Investigations, USPS, adised Liaison Officer L.A. Crescioli that Mr. Paul Wallach, staff member of the SSC, has requested USPS to furnish the identities of all FBI mail covers placed with the USPS since 1960, According to Jackson, Chief Postal Inspector William J. Cotter has informed Wallach that the FBI is the custodian of such detailed information and that the SSC should there- fore make this request directly to the Bureau. Mr. Jackson requested that the FBI consider directing a communication to Chief Cotter, pointing out that the Bureau does interpose an objection to the USPS complying with above request and that the SSC should proceed diréctly to the FBI in this regard. . OBSERVATIONS: The request for the identities of all FBI mail covers Since 1960 in effect provides the SSC with the identities of the subjects of FBI investigations, which includes some The intelligence community in attempting to work out guidelines with the SSC as to sensitive areas of inguiry haveindicated that specific targets of ongoing intelligence operations should be subject to negotiation between the SSC staff and the appropriate agency. The Intelligence Division believes that we should take a strong stand in this instance and attempt to negotiate an accommodation which would allow the SSC to carry out its mission but yet not compromise ongoing FBI sensitive rrves a" . ta 2 a a treations. GO-lb BIS = te way d/ 1975 i LAC: tdp (9) [f 1, TRECCGRTINUED - OVE 4 ened a 46 WAY 2° 1975 ) i Enclosure — re Page 61
HW, 55075 Docld:32969532 Page 62 . Memorandum to Mr. W.R. Wannall a oe. RE: MATL COVERS aan RECOMMENDATION : ; ae -. That the attached letter to Chief postal “EnSpector - Cotter be sent via Liaison, advising him of the proprietary interest of FBI concerning specifics of its requests to USPS for mail covers and that under the third agency requirement the SSC should make its request for such data _to the FBI through the Office of the Attorney General. coerce ¢ ~ 2m
TO f FROM SUBJECT: Cc indy anhementetemin ' indicated that Mrs. King and her children were concerned about invasion x Bs) SIE LEP ‘ J ra’ > SHINEE | INFORMATION CONTAINED TEdoo- fA ify wees 14 ft .Mr. J. B. Adams : Legal Couns ij = Uf which may contain tapes of electronic surveillance of Dr. King, it is likely OPTIONAL FORM NO. 10 5010-106 MAY 1962 EOITION GSA GEN. REG. NG. 27 UNITED STATES GOQRnvent Memorandum Assoc. Dir. A mp Asst. D wf Comp. Syst. Ext. Affairs Files & Com. Gen. Inv. Ident. Inspection Intell. Laboratory Plan. & Eval. — Spec. Inv. SK My inf Jou Teleffone Director Sec” Da 5/15/75 DATE: REQUEST OF HARRY H. WACHTEL ON BEHALF OF ESTATE OF MARTIN LUTHER KING, JR., CONGRESSMAN ANDREW YOUNG, AND DELEGATE WALTER E. FAUNTROY 4 2 4-78 Aer ' My. memorandum of March 19, 1975, reported discussions with the attorney for the estate of Dr. Martin Luther King, Jr., who also represents Mrs. Coretta King and her children. It was clearly Rn eS Sn ~ a REN ORIG: PED IN oy  f7 (iF DZ. of personal privacy that might occur should there be disclosure of inquiries concerning the FBI investigation of Dr. Martin Luther King, Jr. At the conclusion of our conference with the King representatives, Assistant | Attorney General Scalia asked me whether I would be willing to agree to ‘have Mr. Wachtel notified in the event a congressional committee requested access fo such material in Bureau files. I told him thatI saw no difficulty in the Department advising Mr. Wachtel in the event such a request is made ~ by a committee of the Congress. The Senate Select Committee on Intelligence . Activities has initiated inquiries concerning the Bureau's investigation of Dr. King and though they have not as yet requested material from our files q | that their inquiry will reach the stage where such demands will be made. Therefore, in response to the requests made by Mr. Wachtel - representing Mrs. King and in response to ‘nquiry by Assistant Attorney ma "' =" General Scalia, itis my view that we should advise the Department of the’ nature of the inquiry currently being mate by the Senate Select Comimittee and to suggest that they may wish to notify the representatives of the King N estate and Mrs. ing for whatever action they may deem a SRE ropriate. “t Ua i os 1 Mr. Wannall NOT RECORD oe 278 oo 1-Mr. Moore... 46 HAY 2% 1975 1 -~ Mr. McDermott ae P ae 1 - Mrs. Metcalf i - ete 1 - Mr. Hots bP - < Aer 1 - Mr. Mintz ry ost . | _ TAM:mid (8) vA ( if b gril CONTINUED ~ OVER @ 4 MAY 2°7 1975 PO SHOTS DodeTd: 32989532 Page 63
ure sata eee arated lat ti Di ttl TEN ate meld Dhaai aNAinans mee 8, et ate nheete enbnn met hie Ae meen dO TE ae Reem Re ST - MW 95035. Docld: 32989532 Page 64 -~ Memorandum to Mr. Adam Re: Request cf Harry H. “Wachtel, etc. RECOMMENDATION: That attached memorandum to the Attorney General advising him of the concern of the King family and of the request that they be advised of congressional inquiries be approved and sent.
ihe Aernoy General é Ray 18, 1876 1 - Mr. Wannaitl 1 - Mr. Moore 1 - Mr. McDermott 1 - Mrs. Metcalf 1 - Mr. Hotis Mintz REQUES? OF HARRY BE. WACETE. OF SEAALP OF ESTATS OF MAATH LUFSER 1- Mr. BING, IB., COMERSIMAN ANTSEY ROUNE, AND DELEGATES WALTER S_ PAmMIPROY ~ - 3 ° « . « . ; Nee 2, " i ~ wat —Ab 1 eoriovenes on Mewehh?, 2575, Eperg El. tacktel, aitoseey rewrassatiog the esiate of De. Martin Lateow Ficg, dp., Hea. Coretis Zins, and hur chiiran, secosnaniod by Coarrascman Augeouw Young and Distwiet cf Colunikia Dalesnle Walter 2. Paantroy, . nivised rospesatintives ef the AMorsey General and the PEM of thee grent ecacera for the privacy af Niza. § BE of De ae dem “Et ancien BPD, o ERGEUES ZENS SEY in P “ ae 3 hayes a 03 + i euyF * ts 4 ER Waiowtnlis? aywwosriate Pita ree Pate eo Pate rae Magar Gem Speman, ED tees oclcoere of dorasiory inforsaniise ¢. Mason eva Eevbalisieorracsn MenttesBad - Casnssbes oa inieliicoeres Sethyiting amd Geena fata’ mage ithe Hoeete Solent Qosmistes — - bt ad id na eer te Coysles infermatios eongcsaing aa PEE iavosNcation of “ty De. Ehetie letice Tov, de. En viow of this fast, this mottoe fe boing _¥ beoust te yors aicotios ia order Gat wou may determino whet action yea a foul i aoovensinte is pesecr to fra fogeonts reno by Re. Washte? es buns (4 Ries. Ming, bor efiviecn, gad (ie esinge of Re. Masta Emtnor Assoc. Bir, Fines, de., whisk ecquesie were icined aman Apleew Yourz Dep. AD Adm. Dep. AD Inv. __ ‘Asst. Dir: Admin. ‘Comp. Syst. Ext. ASairs Files & Com. _. Gen. frre. ident. SEE NOTE PAGE 2 JAM:mid (12) ae inspection ‘Intel. Laberetory Plen. & Eval. Spee. fav. Training Legal Coun. Telephone Rm. MAIL ROOM(__] ‘TELETYPE UNIT [__] ' Director Sacty Sen xis tae Cue Page 65 wa en a gees Tso ot das 5 Beate a %, oto cten Be yom were coucegasd tant ingeisios into. an iaveativation eomiasted by the d2., eoahl ” Blends & * BAERS, 8 patel messeres bp Hire$s the passlotiitey al pabiie it fey~ et 2 Saegeeen, mh goalies nh F ey 3 6G faceivies Gaus as Chose Erté solvate soade by Rah + =] Fi Oats mee by att ont = ors &. “ 3 2&e ~y Sayised abowld e20k ingdivied bo made by & emurmitice al oonsequce’ to tint moctiag, the PEE has Learaad taet the 4 Peabentigesressce hyo OS) HOLSET ERS So és Sy, Conercsa srneremst Stores oa a : oh Paody, ab BASH. od a9 8 Poss &% CPF empeon ata OTe 3, és Uenate Selerk e mm 7, iw OREPOSS » wm  // fOOG7O- » ORIGINAL FILED AA, 3 3 SBemes Bae os syeties is ecnuusiies tmioryie oe ‘ On dy k te 0 Cornet ie Li oa
bo. Docld:32989532 Page 66 The Atlernsy General and Eelegste Waller 3. Faunivay. The ro woatd lave no objection shonld you decide te advise Mr. Wachtel that the current inquiry by the Seuate Select Committes on Inieiicesss Aetieiies CONSEERE ihe | FEL investigation of fr. Meztin Luther Hing, oe i ¥he Be epaty Attorney Genova 1 ~ Assistant Altern say Ceneral | 3 Qifien of Legak Counsel . a NOTE: Based on » memoranda Legal Counsel to Mr. Adams, BAS, captioned ag above, JAM:mfd.
mORIS ON TAINED” SSIFTED ALL INFORMATION ¢ HERE BS TO FROM A CLs! IN ZS | ; . OPTIONAL FORM NO. 10 5010-106 MAY 1962 EDINON GSA GEN, REG, NO. 27 UNITED STATES GOVERNMENT Assoe. Dir. 1 - Mr. N, P. Callahan = perio tim - Memorandum Lowe ol Bl Adams oe 1 - Mr. T. J. Jenkins Con oa :MR. W. R. WANNALL py pateMay 12, 1975 Ext. Atos — p 1 - Mr. J. A, Mintz Cony ‘MR. | yNO._CREGAR L-Me. W. R. Wannall oa ; 1 - Mr. W. O. Cregar Laboratory —— Plan. & Eval. a a {© . $uBjEcT: SENSTUDY 75 - Src. ny 3} . taining < “ Legal Coun, \ = NN eaie memorandum reports the telephonic contact cre Cs Director Sec’y"__ between former Assistant to the Director John P. Mohr and Mr. Jenkins at which time Mr. Mohr furnished additional information regarding his meeting with representatives of the Senate Select Committee (SSC) Staff on the ttorning of 5/9/75. -.. | Ni SO by Staff Members Mark Gitenstein, Thomas Dawson and Lester B, Seidel, Mr. Mohr recalled them asking if he knew who prepared the "surreptitious letters" the Bureau sent in the Socialist Workers Party case. Mr. Mohr advised the Staff Members that he did not know but he presumed somebody in the Document Section of the borat robabl epared these eters. &, Laboratory probably prepa nh BS, G2-J163 19-138 As reported in my memoranduniof 5/9/75, members of the Staff Committee are hoping that Mr. Mohr will be able to arrange an interview of Miss Gandy by members of the SSC providing Mr. Mohr is present. In this regard, Mr. Mohr desired some guidance as to what he could tell Miss Gandy if Staff Members asked her for the names of individuals appearing in the official and confidential files of Mr. Hoover. Mr. Mohr was telephonically advised on the afternoon of 5/12/75 by Cregar that the Bureau could not give him any advice as to what he could tell Miss Gandy recognizing that whatever he told Miss Gandy was strictly between the two of them and not of concern or interest to the FBI, It was further pointed out to Mr, Mehr that neither he nor Miss Gandy should feel under any obligation to report to the Bureau what Miss Gandy decided in this regard as well as what she might tell the Staff of the SSC | during her forthcoming interview by them on 5/15/73. MAY 23 1975 On the occasion of Cregar's call to Mr. Mohr on the afternoon of 5/12/75 Mohr recalled that he had told Staff Members of the SSC Miss Gandy had turned over to Mr. Felt the official and confidential files amounting to one-half a file drawer, Mr. Mohr in speaking with Miss Gandy subsequent to his interview on 5/9/75 learned the official andeconfidential files turned over to Mr. Felt 62-116395) y WOC : ekew<('3) CONTINUED - OVER Cs In reconstructing his interview on the morning of rg Pol REWMo00002 vase?
HW 55075 Memorandum to Mr. iI. R. Wannall RE: SENSTUDY 75 62-116395 by Miss Gandy amounted to’ one and one-half file drawers. Mohr subsequently advised Mr. Gitenstein of this correction. Additionally, Gitenstein desired to know whether an itemized list of the official and confidential files was made and if so, where the list was. Mohr told Gitenstein that he was sure a list was made (subsequently confirmed by Miss Gandy) and that the list accompanied the official and confidential files. In addition to the above, Mohr advised that Gitenstein asked about a requirement of all Bureau employees to turn over any confidential files in their possession ordered by Mr. Hoover following the revelation that former Assistant to the Director Sullivan had turned over certain confidential files to former Attorney General Mardian. Mohr advised Gitenstein that Mr. Hoover had in fact levied such a requirement on Bureau employees and that all confidential files were to be turned over to Mr. Felt along with a memorandum explaining the nature of these files. Gitenstein asked Mr. Mohr where these memoranda would be filed. Mohr responded by saying he presumed they were confidential memoranda and would have gone with the confidential files turned over to Mr. Felt by any Bureau employee maintaining such files. ACTION: For information and record purposes. — vad Docld: 32989532 Page 68
8 ALL INFORMATION commatanis pti HEREIN 18 UICLASSIELED (4, TO FROM wane Savon 75 4 pec. — x. _ ® BY. DATE 4eMAY 331920989532 Page 69 é . OPTIONAL FORM NO. 10 . 5010-106 we MAY 1962 enon a7 ® GSA GEN. RE NO. UNITED STATES GOVERNMENT Asscc. Dir 1 - Mr. N. P. Callahan (et OAS Memorand L- Me. J.B, Adams am bp 1 - Mr. T. J. Jenkins Ania —— :-MR. W. R. WANNALL sf paTE: May 9, 1975 Eig wee . ito. 1 - Mr. J. A. Mintz Mente : MR. W, REGAR 1 - Mr. J. B. Hotis netiye— . : 1 - Mr, W Laboratory L - Mr. W Plan. & Eval. This memorandum reports the results of a mdetjing between former Assistant to the Director John P. Mohr and repre- sentatives of the Staff of the Senate Select Committee (SSC) on ind morning of 5/9/75. Memorandum Legal Counsel to Mr, J. B. Adams dated 5/5/75 recommended that a, Bureau representative be available for consulta- tion by Mr. Mohr during the time Mr. Mohr is being interviewed by Staff Members of the SSC 5/9/75. REC-199 2 . ae 39 [37 Prior to Mr, Mohr's interview by the Staff of the SSC, Section Chief William 0. Cregar met with him. Mr. Mohr was advised that should representatives of the Staff pose any questions to him which could lead to the identification of sensitive sources, sensitive methods of FBI operations or material derived frem other U. S. agencies or foreign governments, he could decline to answer such questions until he had an opportunity to consult with a Bureau representative, Mr. Mohr understood the purpose of Mr. Cregarla~, presence and assured him that should the inquiry by*Staf Memberst of the SSC get into these areas of inquiry, he would cay tadndys consult with Cregar prior to responding. a Following our arrival at the New Senate Office Building, Mr. Mohr and Cregar were met by Staff Members Mark Gitenstein, Thomas Dawson, and Lester B, Seidel. += As we proceeded to the office where the interview was to be conducted, Mr. Gitenstein referred to a previous conference he had with Assistant Director Wannall at Quantico on 5/5/75 at which Mr. Cregar was present. Gitenstein observed that this meeting had proved very, very beneficial and that he believed that future personal contacts between members of the Senate Select Committee: Staff and the FBI could prove useful and allow the SSC Staff to better understand how the FBI was administered at Headquarters. hi 62-116395 :e W/ ra aly wronek .. CONTINUED - OVER ff ¢
DISSERTATION ON PROCEDURES FOR OPENING, CLOSING AND MAINTAINING DOMESTIC SECURITY CASES IN PENDING STATUS FBI authority to investigate domestic seourlty cases is dexived from numerous arviminal statutes and Presidential Directives and Executive Orders concerning ¥ internal sequrity and employee Loyalty matters. Proceduraliy, a3 the Bureau opens, continues, and closes such cases on SH the basis of thease legal eonsiderations. Ey KS Upon receipt of a fact situation from any ae of a myviad of sourcés, an Agent must necessarily make aie a judgment as to whether this situation appears to fall 3 within the scope of FBI jurisdiction, £2 4 ES ; More specifically, domestic security investigations 2B are initiated when allegations clearly indicate a person, aes either as an individual or as a member of a group, acts to unlawfully alter the Government: in violation of the Smith Act, the Rebellion oy Insurreetion Statute, the Seditious Conspiracy Statute, oy other velated enactments, Special emphasis is placed on those engaged in violent furtherance of such illegal agts, A full investigation continues so long as these indications of illegal activity exist. When allegations do not cléarly indicate / ‘that activities on the part of an individual fall within , this jurisdictional area, self-imposed regulations require \ that a "preliminary investigation" be conducted. This inguizy consists of obtaining information from established sources (such as records maintained by police departments, ‘ local governments, and private agencies}; informants; ‘ public source informetion; and FBI records. ‘These invosti- gations are limited to 90 days during which an honest Asse. Dir. effort is made to distinguish as soon as possible between Dep AD Adm. -- LEGLtImate political activity and illegal acts. If cor Ape — more than 90 days are required to resolve this question, hei authority to exceed this period must be obtained from Comp. Sys... - SBE Headquarters, In seeking this extengion, a full ru Aes —— statement must bé made of the allegation, the jurisdictional mw... authority involved, and facts that appear to justify Gen. Inv. Ident. the continuance. ‘ inspection Laboratory \s Plan. & Eval. naa \. Spec. Inv. —__. Tre ye ae Training [4 r Aes >) ‘ Legal Coun. TD JAH ° djm. (8 ) ~ ee “ —— Telephone Rm. — ° Tay ~} / / G *, , 5 ~~ i G sah Director Sec'y..  MAILROOM[__] TELETYPE uNIT(_) HINCT, SURB phe Ne / i . if . [BW 55075 DBocld:32999532 Page 74
HW 55075 . ® 6 oa When an Allegation is received that a group may fall within existing jurisdictional criteria, FBI Headquarters is immediately notified and a "preliminary investigation" along the lines already indicated is undertaken. Again, approval from PBI Headquarters must be obtained to continue this "preliminary investigation" beyond 90 days to resolve whether jurisdictional standards are met, If met, a full investigation is conducted upon approval by FBI Headquarters. Internal security investigations are also conducted on the basis of specifile instructions from the Attorney Goneral (pursuant to Presidential Directives) to the Direetor of the PBI. Until the instruction is complied with, these matters remain pending. Every effort is made te maintain proper administrative control over domestic security investigations and to insure full compliance with the law. In this vegard, Bureau rules requive Agents to limit investigations to relevant matters. Supervisory parsonnel in the Field and at PEI Hoadquarters veview the progress and relevancy of thesa investigations, and reports are forwarded to the Department of Justice, Agents also receive legal instruction on a continuing basis in order that they may be fully able to recognize relevance and safeguard individual cights. These Bureau procedures have been devised in an honest effort to carry out with maximum effectiveness and propriety our vital domestic sceurity responsibilities. Over the years, the FBI has handled thase responsibilities and protected the domestic security of our Nation with great dedication and, I believe, with great distinction. We will continue to vigorously carry out these duties with all due regard for individual rights and libortias. IL believe the procedures FE have outlined are in full accord with this purpose. Docld: 32989532 Page 75
FM ORIG ALD INFORMATION CONTAINED Ok: x UNCLASSIFIED pate /-/7e/ BY i AREIN HW 55075 . , April 14, 1975 DISSERTATION ON PROCEDURES FOR OPENING, CLOSING AND MAINTAINING DOMESTIC SECURITY CASES IN PENDING STATUS FBI authority to investigate domestic security cases. is derived from numerous criminal statutes. and Presidential Directives and Executive Orders concerning internal security and employee loyalty matters. Procedurally, the Bureau opens, continues, and closes ‘such cases on the basis of these legal considerations. Upon receipt of a fact situation from any of a myriad of sources, an Agent must necessarily make a judgment as to whether this situation appears to fall within the scope of FBI jurisdiction. More specifically, domestic security investigations are initiated when allegations clearly indicate a person, either as an individual or as a member of a group, acts to unlawfully alter the Government in violation of the Smith Act, the Rebellion or Insurrection Statute, the Seditious Conspiracy Statute, or other related enactments. Special emphasis is placed on those engaged in violent furtherance of such illegal acts. A full investigation continues so long as these indications of illegal activity exist.: When allegations do not clearly indicate that activities. on the part of an individual fall within this jurisdictional area, self-imposed regulations require that a “preliminary investigation" be conducted. This inquiry consists of obtaining information from established sources (such ‘as records maintained by. police departments, local governments, and private agencies); informants; public source information; and FBI records. These investi- gations are limited to 90 days during which an honest effort is made to distinguish as soon as possible between legitimate political activity and illegal acts. If more than 90 days are required to resolve this question, |. authority to exceed this period must be obtained from FBI Headquarters. In seeking this extension, a full statement must be made of the allegation, the jurisdictional authority involved, and facts that appear to justify the continuance. DoclId: 329689532 Page 6
° When an allegation is received that a group may fall within existing jurisdictional criteria, FBI Headquarters is immediately notified and a “preliminary investigation" along the lines already indicated is undertaken. Again, approval from FBI Headquarters must be obtained to continue this "preliminary investigation" beyond 90 days to resolve whether jurisdictional standards are met. If met, a full investigation is conducted upon approval by FBI Headquarters. Internal security investigations are also conducted on the basis of specific instructions from the Attorney General (pursuant to Presidential Directives) to the Director of the FBI. Until the instruction is complied with, these matters remain pending. Every effort is made to maintain proper administrative control over domestic security investigations and to insure full compliance with the law. In this regard, Bureau rules require Agents to limit investigations to relevant matters. Supervisory personnel in the Field and at FBI Headquarters review the progress and relevancy of these investigations, and reports are forwarded to the Department of Justice. Agents also receive legal instruction on a continuing basis in order that they may be fully able to recognize relevance and safeguard individual rights. These Bureau procedures have been devised in an honest effort to carry out with maximum effectiveness and propriety our vital domestic security responsibilities. Over the years, the FBI has handled these responsibilities and protected the domestic security of our Nation with © great dedication and, I believe, with great distinction. “We will continue to vigorously carry out these duties with all due regard for individual rights and liberties. I believe the procedures I have outlined are in full accord with this purpose. Docld: 32989532 Page fi?
. A OPTIONAL FORM NO, 10 MAY 1962 EDITION GSA GEN. REG. NO. 27 © 5010-106 * UNITED STA GOVERNMENT Assoc. Dir. Dep. AD Adm. _ ¥” Dep. AD Inv. __ Memorandum noire 7 ° Comp. Syst. TO : Mr. J. B. Adams a A pate: ‘4/1/75 ni FROM : Mr. W.R. Wanna; . y vey Lf, ig A + GC The Inspection — my Lan oe f aborator: | : < ot a “ “1 / ; J j v/ Pion a Eval — SUBJECT: CONGRESSIONAL TESTIMONY » .. specs Inve oq | . Tor iad f iC _~ Legal Coun a Telephone Rm. —_ Director Sec’y __ The purpose of this memorandum jis to enclose a paper concerning the opening, closing, and maintenance of domestic security cases in pending status requested as set forth in memorandum to Mr. Callahan from Mr. Adams of the same caption, dated 3/7/75. C2-//6 Y43SG-fS Referenced memorandum instructed that the paper was to be non- . L- technical arid in a form easily understood for purposes of argument. Legal ~ ho a Counsel Division and writers in the External Affairs Division are to be contacted ‘ _— to coordinate legal aspects and preparation of final paper, respectively. x= > ACTION: med CUEEEDEndnneenemnamnes ad aa “ Legal Counsel Division review attachment for legal considerations. ly & External Affairs Division review for preparation of final paper. ™~e, = 7 N wae > Enclosure ee it p ALL: vb a9 Pp { 8 (9) ( “ § i - © 1-Mr. N. P. Callahan a 20 S f< 1-Mr. J.B. Adams ‘ a Y J-Mr.T. J. Jenkins, ,)- - ods 8 * 1-Mr.D.W. Moore, Jr. Wu yall? A 1-Mr.J.A. Mintz | al | 9 1- Mr. W. R. Warnell ‘ret oe “a ‘3 1-Mr. A. B. Fulton iS yw 1-Mr.A.L. Lacey,Jdr.. *- Lt 3 FCM 64-163 9Sz BF xy /) a ‘ g BAY TS 1976 3 HW 55075 ASI Docld: 32989532 Page 75
DISSERTATION ON PROCEDURES FOR OPENING, CLOSING AND MAINTAINING DOMESTIC SECURITY CASES IN PENDING STATUS The FBI opens, continues pending investigation, and closes domestic security cases based on legal considerations. The Bureau is charged with the investigation of violation of numerous criminal statutes, as well as duties imposed by Presidential Directives and Executive Orders concerning internal security and employee loyalty matters, The procedure for handling such investigation is dictated by the facts and circumstances of each case. Upon receipt of a fact situation from any of a myriad of sources, the Agent must necessarily make a judgment to determine whether these facts reasonably indicate an activity falling within the scope of the FBI's jurisdiction. Domestic security investigations are initiated regarding individuals when allegations establish that he, individually or as an active group member, acts to unlawfully alter the Government in violation of the Smith Act, the Rebellion or Insurrection Statute, the Seditious Conspiracy Statute, or other related enactments. Special emphasis is placed on those practicing action NRMATION CONTA GOL - SIPIED ba 3 or violence in furtherance of their goal. If the allegation shows facts clearly Ps within the scope of these statutes, a full investigation is conducted and continues Ei ? so long as facts exist to indicate a reasonable possibility that these ends could 3 ae be achieved. eu yo . 3 as In some instances, allegations regarding the individual do not Oy clearly fali within the scope of authority, Self-imposed restraining regulations require that such inquiry be limited to a "preliminary investigation" consisting of contacts for informational purposes only with established sources, such as police bureaus, records departments of local governments, and private record sources; informants; public source information; and Bureau records. These investigations are limited to 90 days. An carnest effort is made to distinguish as soon as possible between mere unorthodox political views or dissent on the Assoc. Die. one hand and revolutionary and/or criminal activity on the other. If to exceed Dep. AD Adm. 90 days, a report is made to FBI Headquarters specifically stating the allegation, oe." the jurisdictional authority and such facts as would justify continuance of the Asst. Dir: Admin. investigation. A concurrence of Headquarters is necessary for continuance. Comp. Syst. .. Ext. Affairs __ Files & Com, When an allegation is received that a group may fall within the rn I. -—— jurisdictional criteria, Headquarters is immediately notified and investigation Inspection is limited to the "preliminary investigation" as described above. Any investi- Rio Intell, Laboratory - on. val. } uA Cory . Soest | ALL: vb BUN ay SEE NOTE PAGE TWO Training t ; wry” Chee peo Legal Coun. ° : . i “, i ; Telephone Rm. — ‘ en i ‘) ‘ a 2 cto Stof4e Director Sec'y_. MAIL ROOM[__}] ‘TELETYPE UNIT[__] Lap ogt™ 2 54-54G HW 55075 Docld:32989532 Page 79 (2 - ae, Sf. +f >)
@ @ gation beyond that is made only upon approval by Headquarters. If such eontinuance is approved, investigation continues to resolve whether juris- dictional standards are met. If met. and Headquarters' approval obtained, a full investigation is conducted. Apart from these situations, specific instructions from the Attorney General, pursuant to Presidential Directives, to the Director of the FBI concerning matters of internal security are the basis for investigations. Until the instruction is complied with, these matters remain pending. Bureau rules require an Agent to limit investigations to relevant matters. Field office and Headquarters supervisors review the progress and relevancy of investigations and reports are forwarded to the Department of Justice. The FBI is ever aware of and controlled by court decisions interpreting the law. Agents receive continuing legal instruction in order to recognize relevance and the rights of persons under the lew. These regulatory procedures are the means by which the FBI implements the responsibilities imposed by the statutes, Presidential Directives, and orders of the Attorney General. An examination of the domestie security problems confronting this Nation would reveal that, as early as 1936, concern arose over "Fifth Column" activities of Communists and Fascists and continued through WW II. This concern has evolved to other threats, through the years, such as the foreign-dominated Communist influence in America during the Cold War, the Ku Klux Klan's interference with the rights of others, the turbulent anti-Vietnam War demonstrations, the urban ghetto riots, and the rise of the racially~-oriented organizations preaching revolution and their more violent splinter groups practicing open guerrilla warfare. The FBI, charged by statute and supplemented by Directives to investigate such matters in order to fulfill the duty, promulgated the investigative procedure for a dual purpose. The FBI recognizes not only the duty toe investigate, to preserve the Constitution, but the fact the Constitution delineates zones of privacy and individual liberties. These regulatory procedures speak reasonably to both. NOTE: See memorandum Mr. W. R. Wannall to Mr. J. B. Adams, dated 4/1/75, captioned "Congressional Testimony ," prepared by ALL: vb. HW 55075 Docld:329895352 Page 60
ALL INFORMATION cowrarne’ “PRE HERETH TS UNCLASSIFIED “HW 55075 _ PN \ DISSERTATION ON PROCEDURES FOR OPENING, CLOSING AND MAINTAINING DOMESTIC SECURITY CASES IN PENDING STATUS The FBI opens, continues pending investigation, and closes domestic security cases based on legal considerations. The Bureau is charged with the investigation of violation of numerous criminal statutes, as well as duties imposed by Presidential Directives and Executive Orders concerning internal security and employee loyalty matters. The procedure for handling such investigation is dictated by the facts and circumstances of each case. Upon receipt of a fact situation from any of a myriad of sources, the Agent must necessarily make a judgment to determine whether these facts reasonably indicate an activity falling within the scope of the FBI's jurisdiction. Domestic security investigations are initiated regarding individuals when allegations establish that he, individually or as an active group member, acts to unlawfully alter the Government in violation of the Smith Act, the Rebellion or Insurrection Statute, the Seditious Conspiracy Statute, or other related enactments. Special emphasis is placed on those practicing action or violence in furtherance of their goal. If the allegation shows facts clearly within the scope of these statutes, a full investigation is conducted and continues so long as facts exist to indicate a reasonable possibility that these ends could be achieved. In some instances, allegations regarding the individual do not clearly fall within the scope of authority. Self-imposed restraining regulations require that such inquiry be limited to a "preliminary investigation" consisting of contacts for informational purposes only with established sources, such as police bureaus , records departments of local governments, and private record sources; informants; public source information; and Bureau records. These investigations are limited to 90 days. An earnest effort is made to distinguish as soon as possible between mere unorthodox political views or dissent on the one hand and revolutionary and/or criminal activity on the other. If to exceed 90 days, a report is made to FBI Headquarters specifically stating the allegation, the jurisdictional authority and such facts as would justify continuance of the investigation. A concurrence of Headquarters is necessary for continuance. When an allegation is received that a group may fall within the jurisdictional criteria, Headquarters is immediately notified and investigation is limited to the "preliminary investigation" as described above. Any investi- Docld: 32989532 Page 61
gation beyond that is made only upon approval by Headquarters. If such continuance is approved, investigation continues to resolve whether juris— dictional standards are met. If met, and Headquarters' approval obtained, a full investigation is conducted. Apart from these situations, specific instructions from the Attorney General, pursuant to Presidential Directives, to the Director of the FBI concerning matters of internal security are the basis for investigations. Until the instruction is complied with, these matters remain pending. Bureau rules require an Agent to limit investigations to relevant matters. Field office and Headquarters supervisors review the progress and relevancy of investigations and reports are forwarded to the Department of Justice. The FBI is ever aware of and controlled by court decisions interpreting the law. Agents receive continuing legal instruction in order to recognize relevance and the rights of persons under the law. . These regulatory procedures are the means by which the FBI implements the responsibilities imposed by the statutes, Presidential Directives, and orders of the Attorney General. An examination of the domestic security problems confronting this Nation would reveal that, as early as 1936, concern arose over "Fifth Column" activities of Communists and Fascists and continued through WW II. This concern has evolved to other threats, through the years, such as the foreign-dominated Communist influence in America during the Cold War, the Ku Klux Klan's interference with the rights of others, the turbulent anti-Vietnam War demonstrations, the urban ghetto riots, and the rise of the racially-oriented organizations preaching revolution and their more violent splinter groups practicing open guerrilla warfare. The FBI, charged by statute and supplemented by Directives to investigate such matters in order to fulfill the duty, promulgated the investigative procedure for a dual purpose. The FBI recognizes not only the duty to investigate, to preserve the Constitution, but the fact the Constitution delineates zones of privacy and individual liberties. These regulatory procedures speak reasonably to both. Docld: 32989532 Page 62
OPTIONAL FORM NO. 10 7 5010-106 ~ - -“ . MAY 1962 EDITION 8 o G84 GEN. REG. NO. 27 UNITED STATES G RNMENT g , Assoc, Dir. 1 - Mr. J. B. Adams ee. A am Memorandum 1 - Me. T. J. Jenkins Sani (Enclosures - 2) fini, TO ‘MR. J. B. ADAMS DATE: May 7, 1975 Lh (gee Mn — = oy ee ME ve 1 - Each Assistant™ Newt Hh FROM : LEGAL coms GN ae Director . hi hspoatgn ie nte x } Laboratory wr 1 - Mr. W. O. othe Plon. & Evalpity j’ SUBJECT: -Sexstuot 75) 1 -Mr. J. B. Hotis Spe at ee 1 - Mr. P. V. Daly Nelo > 1 - Mr, S. F, Phillips Director Sec’: S bys P- BPRIN TS UNCLACSIPIeD ATE ALL INFORMATION conraLua”™ ORIE E cD PWYSFPzekw (1.4, — a HW 55075 134 Re my memorandum ee” you 5/5/75 enclosing a request from the Senate Select Committee (SSC) for additional information. Attached to the copies of instant memorandum for Messrs. sohoggat Ash, Moore, and White are copies of the referenced memorandum 4 its enclosure. The following is to delineate individual responsibi Bans and assignments for securing the information requested by the SBC Because the request covers areas of operations affécting all RASS Divisions of the Bureau except Office of Planning and Evaluation PNG (OPE), it will be necessary that the very closest coordination and maximum of coepertttion be effected in order to implement the SSC request. ee In handling this request which deals primarily with ay; furnishing to the SSC of various Sections of the Manual of ba Instructions and Manual of Rules and Regulations as well as infog- mation concerning our filing system, and particularly cpl es of a L SS [Y tot a - / Bureau forms, we should bear in mind that there are avajflable three options for consideration. One, is to give the requested information or documents, Two, is to not furnish the documents but merely permit their review at FBIHQ. A third option availab is to set forth justifying data to support a denial of furnishing ~ the information or documents, Of course, in furnishing any docu- ments, we should bear in mind the option of excising sensitive Gh - lols - sfineconDepee 7 information. REC- AQ (2 - M/S IF -\33 In delineating the specific responsibilities tor io various Divisions, we are designating the Division having primary interest as the one eyeibrerare the necessary material and are S MAY DA1975 62-116395 , (20) 8 G MAY 2:2 1975 CONTINUED ~ OVER ie es Pre Noi mr 20 W915 Docld: 32989532 Page 83
Dep. A ” OPTIONAL FORM 7 atu) 5010-106 ‘e-* fe ? 3 UNITED “STATES GO\RNMENT Assoc. Dir, Dep. AD inv. Memorandum fa Comp. Syst, — TO . Mr. J. B. Adams pate: 5/6/75 Files & Coma Gen. Inv. Ponet Ty pel | Inenecnion FRoM : Legal Couns sip es rer Intell. (A Q | _ ssn way pssst Pn 8 Br pec. Inv. suyject: SENATE SELECT COMMITTEE ros Sb pi . Trajhin a ON INTELLIGENCE ACTIVITIES pase ae Telephone Rm. — Director Sec’y —_ From 10:30 a.m. until 2:45 p.m. on May 6, 1975, . Inspector John B. Hotis and I met with Frederick Schwarz, General Counsel to the Senate Select Committee, Committee i Burt Wides, ike Madigan, and CIA representatives! and I arranged to attend this conference in an effort to resolve: with - j the Committee staff the procedures that would be followed during interyiews of current and former FBI employees by staff representatives. Inte: ews: have been conducted in the recent past by representatives of the-Cémmittee, and in the absence of any general understanding as to the procedures ve have been advising those persons coming to our attention as prospective witnesses that they may request the presence of a Bureau representative during the interview. Committee staff members have objected to the presence of Bureau representatives and have insisted that the interviews proceed in the abeegats any agency representative. REC-38 is- f . tha ba-}/& 3 At the ¢ outset of the meeting | today, it became clear ‘Schwarz, speaking for the members of the Senate Select Committee and for the staff, was opposed to the presence of agency representatives during interviews concerning matters which they described as "abuses." Schwarz explained | that the Committee has a responsibility to look into allegations of misconduct | a) or abuse in addition to a broader study of the jurisdiction and operations AAD of the intelligence community. He said that while there would be a willingness we on their part to have agency representatives present during=ittterviews concvern- ing general inquiries regarding jurisdiction, they felt that it would, be improper and would interfere with the integrity of their inv) Gai gat ) i975 third parties were present during interviews concerning’ migconductrres 1 - Mr. Wannall ye po 1 - Mr. Hotis 1 - Mr. Mintz qs" a 4 nae . No, ca CONTINUED - oni > AW 55075 Docld:329899532 Page 63
” > Memorandum to wiAAcams ® Re: Senate Select Committee, etc. Schwarz offered as an alternative that the agencies would be advised of the identity of persons to be interviewed and that prior to the interview the agency would contact the witness to explain the authority, the security arrangements made by the Committee for the protection of information, to authorize the witness to answer questions where the witness was bound by a secrecy agreement, and to caution the witness concerning matters of a sensitive nature which should be deferred for discussion with members of the Committee or with the Chairman of the Committee. I pointed out to Schwarz that unless the FBI was given notice as to the specific subject matter of the interview to be conducted, we would find it most difficult to intelligently assess the sensitivity of the information that might be furnished by the witness. The CIA representatives expressed great alarm that an interview ‘could disclose information without some prior assessment of the potential damage to intelligence collection techniques and sources. As to these points, Schwarz stated that he would discuss with the members of the Committee a revision of their nitial proposal that would include notice to the agency of the identity of a person to be interviewed plus a genetic description of the subject matter of the interview followed by a contact by the agency with the prospective witness to assess the sensitivity of the information and to advise the witness of areas of inquiry that must be deferred for special handling by designated members of the Committee or of the Committee staff. Following that contact the Committee representative would proceed to conduct the interview with the understanding that the agency representative would be near-by and immediately available for consultation should the witness have concern as to the degree of sensitivity of information he was being asked to furnish. At the conclusion of the interview, the Committee would make available to the agency a summary of the notes taken during the interview but a transcription of the interview would not be made available either to the agency or to the witness interviewed. Schwarz stipulated that there may be occasions when the Committee would reserve its right to interview an individual, whether a current employee or a former employee, in secret in order to protect the interview or to insure the completeness and accuracy of his information. I asked Burt Wides whether they had any basis for that concern and he indicated that they did have such a basis, but declined to specify the details. -~-2- CONTINUED - OVER dl 55075 Docld:329899532 Page 69
eta a ntaam . :  ) 6 Memorandum to Mr. Adams Re: Senate Select Committee Inspector Hotis asked whether the on-going interviews would be delayed pending resolution of the differences concerning procedures. Schwarz replied that the interviews will proceed due to time factors. I then requested Schwarz to expedite his discussion with the members of the Committee, to state their proposals in writing in order that we could review them in specific detail, and to let me know as soanas their proposal as approved by the Committee was available for discussion. He agreed to do so and said that probably this could be accomplished by Thursday, May 8, 1975. OPINION It was my impression in dealing with Schwarz that he is making an honest effort to conduct the Committee inquiry reasonably and that he is concerned about the public acceptance of the Committee's final product. His concerns about the integrity of the investigation are similar to those thatEwould express about an FHI investigation. His insistence that interviews of individuals concerning possible misconduct be done alone with the witness appear to me to be reasonable to insure the integrity of their investigation. The compromise we discussed (they would identify the witnesses to us prior to interview and tell us the proposed subject matter of the interview and allow us to consult with the witness prior to interview) seems to be a practical solution to our mutual problem. This solution is not as acceptable to CIA due to their greater need for protection of their covert operations, sources and methods. The Committee has available to it the subpoena power, the authority to conduct public hearings, and a good deal of support by public opinion. Therefore, I conclude that the Committee is likely to discover the full details of events concerning which they inquire whether the FBI cooperates or appears to be reluctant. As to those areas of legitimate concern because of their sensitivity in terms of productiqnof informants or sources and methods of gathering national security intelligence, the Bureau can properly expect an opportunity to provide protection for the information. If the procedures suggested above are operated in good faith on both sides, the Bureau would be given notice as to the subject matter to be discussed prior to the interview and research could disclose the areas of sensitivity and sappropriate action taken to caution the witness against disclosure of such information. -3- CONTINUED - OVER Docld: 32989532 Page 90
bog . > ® ® ‘ Memorandum to Mr. Adams Re: Senate Select Committee RECOMMENDATIONS: 1. That until procedures are established with the Committee the Bureau continue its present practice of advising prospective witnesses upon their request that they have a right to consult with a Bureau representative during interview. 2. That further discussions of this matter with the Committee await the receipt of their proposed guidelines in writing after approval by members of the Senate Select Committee. g HW 55075 DBocld:32999532 Page 91
. ‘ OPTIONAL FORM NO. 10 al 5010-106 MAY 1962 {DITION : ; "G3A GEN. REG. NO, 27 , UNITED STATES GOVERNMENT Assoc. Dir. nit Dep. AD hay Dep YAD af \ Memorandum sly Comp. Syst. —_ ‘ os Ext. Affairs" {/ To : Mr. J. B. Adams DATE: 5/5/75 Ge Ca pip Gen. Inv. ind Ident. yoy JS inspection Intell. Laboratory From : Legal Couns —— Plan. & Eval. — sume SENATE § SELECT COMMITTEE ate \ 3 sre. _ON INTELLIGENCE 4.7 & so This morning the Director asked me to inquire into the status of our understanding with the Senate Select Committee as to whether FBI representatives would or would not be present at interviews of former Bureau employees or current Bureau employees. The Director was concerned that the presence of a Bureau representative could be criticized as an attempt-to interfere with the Committee's inquiries. I assured the Director that the purpose of such representatives being present was to assist the interviewer and the witness in determining areas of inquiry of particular sensitivity or that might concern a current Bureau operation. The Director agreed that such was an appropriate reason for the presence of a Bureau representative and asked me to consider preparing a letter addressed to Senator Church stating our desire to make available a Bureau representative and the reasons forthe presence of such a Bureau representative. 7 SEK Act 6 (1 As a result of a conference with representatives of CIA, A Roderick Hills of the White House Counsel staff, and others, it was ia determined thad lof the CIA Legal Staff would continue (oe negotiations with the Committee in behalf of the entire intelligence community to develop procedures concerning the interview of witnesses and the presence of agency representatives at such interviews. was scheduled to meet with Frederick Schwarz, Counsel to the Committee, on Tuesday, May 6, 1975, to discuss such arrangements. belO! — REC3 2-1/6 39S SS I scheduted-amr Hppoinlt se with the Deputy ‘Attbeney General and met with him at 5:00 p.m. on May 5, 1975, accompanied by Inspector John B. Hotis. I told the Deputy of our concern that the interviews by the Senate Committee are continuing even though no understanding has been reached by the Committee andthe intelligence community. I told the Deputy that the Director would like to have some S MAY 13 1975 1 - Mr. Wannall My mn 1 - Mr. Hotis ea EI = och A 1 - Mr. Mintz JAM:mfa (5) CONTINUED - OVER 8 4 MAY 21 1975 HW 55075 DBocld:32989532 Page 9?
a - 4 2-Mr. S. F. Phillips May 14, 1975 | 2, MATERIAL FOR SENATE SELZCY COMMITTEE (ssc) INVESTIGATING INKELLIGENCE ACTIVITIES a 1. TITLE/SUBJECT: Legal futhorities of the FBI 2. ORIGINATING ORGANIZATION: FBI 3. NATURE OF MATERIAL: Letterhead memorandum (LEM) with enclosures deseribed belov. 4, DOCUMENT CLASSIFICATION: Unclassified 5. WATIONAL SECURITY INFORMATION STAMP: NA 6, SUMMARY OF CONTENTS: In response to a request from the SSC for certain documents and other information, an LHM was submitted as a eover communication to furnish the SSC copies of the follotring docunients. rad) Fmoee Ae sas 1. An internal FBI memorandum dated 5/16/72 ( S oe i captioned "FBI Jurisdiction; Criminal Intelligence ey & os Information." 4 naa SEN \ ne a in 2. An internal FBI memorandum dated 5/18/72 (i. wt iia a. captioned "FBI Authority in Domestic Intelligence 4 Vt te HE Matters." Pua ff WE A aes 3. A study on subversion prepared for former Acting FBI Director Louis Patrick Gray III dated 5/19/72. Agsoc. Dir, Dep. AD Adm. — 4. A memorandum from the Director of the FBI to Aon the Attorney General dated 8/7/73 recommending the Admins ———— issuance of an Executive Order concerning the conduct Ee a of domestic intelligence investigations. , 7 a 4 Files & Com. __ REC-109/, 3 ” 7 ta ca AW ] ) S \} Gen. inv. _ 62-116395 ‘ + saaainchertan Nisei ' we 4 C “ ‘. Ident. - : ae ay , o heeection —SEP i eke, (4) 3B may161978 / ot 7 ewelay an Ck? SEReNOTEMBAGE TWO f- Pilon. & Eval.  omeneaelll a Spec. Inv, Training Legal Coun. Telephone Rm. Director Sec’y __ MAIL ROOM[_] ‘TELETYPE UNIT] GPO 934-546 ws 4 MA ined Mdoa0532 Page 94
HW 55075 , ® » 7. REQUESTER/DATE OF REQUEST: 58C, 3/19/75 8. RELEASING AUTHORITY: FBI 9. DATE OF SUBMISSION: 4/22/75 10, LOCAZION OF FILE COPY: FBI file 62-116395-83 Li. RELATION TO INTELLIGENCE COMMUNITY PROBLEMS: None. NOTE: Original via liaison to Central Community Index in connection with Senstudy 75. Docld: 32989532 Page 95
OPTIONAL FOuA NO. 10 MAY 1962 EDITION GSA GEN. REG. NO. 27 UNITED STATES GOVERNMENT Memorandum TO : Mr. J. B. Adams ra : Legal Couns} i suBJECT:“SENATE SELECT COMMITTEE ON INTELLIGENCE 5010-106 At 5:05 p.m. on May 6, 1975, Oo tee A Assoc. Dir. Depf AD Adm Dep. nysfs Asst. Dittt Cémp. Syst. pate: 5/7/75 eae File & Come rion conse Ident rok goit * f nte sate 73 wee pie ! pares Teleplfofe Rm. — Director Sec’y __ ' Mdo-77 bla ite House (eT Ype to meet with Mr. Philip Buchen, Counsel to the President; Roderick Hills, Associate Counsel;James Wilderotter, Assistant Counsel; Assistant Attorney General Scalia, Office of Legal Counsel in the Department; ’ "coer Associate to the Director of CIA 1d. ae ‘Act 6 (1) (A) At a meeting held earlier that day, the General Counsel of the Senate Select Committee had indicated that the Committee disapproved of the _ presence of agency representatives at interviews concerning alleged ~ “abuses. '' I explained to Mr. Buchen the alternative proposal offered by of proposed witnesses, the subject matter of the proposed interviews, “F.A.O. Schwarz to the effect that agencies would be furnished the reonte? and permitted an opportunity to review the subject matter and’ consult with” the witness to advise him of sensitive areas that would require special treatment. abuses, it wou agreed that in regard to interviews concerning seem to be necessary for the Committee to proceed with the ~ interview without an agency representative present. After general discussion of the proposal by Schwarz, the meeting concluded with instructions by Mr. Buchen to Wilderotter to draft a statement that might be incorporated into a letter to be addressed to the Committee explaining the Administration's position. The elements of the proposal would be that as a general rule, agency representatives would be present during interviews concerning matters that were not categorized as abuses ai. in those ei oe cases RBe=L0G (A 7 1 - Mr. Wannall 1 - Mr. Hotis 1-Mr. Mintz JAM:méd (5), J 8 4 MAY 20 1975 HW 55075°- ‘Docld: 32969532 Page 96 ALO 32N aH). 1S MAY 13 1975 i) ae CRO “WES ELE, UNEE ay
HW 55075 ee |] 6 Memorandum to Mr. Adams Re: Senate Select Committee on Intelligence where abuses would be the subject of interviews, the agencies would be given prior notice of the identities of the witnesses and of the subject matter of the interview, plus an opportunity to consult with the witness prior to the interview. Mr. Buchen also asked that the Committee be requested to provide a letter in each instance identifying the alleged abuse as the subject of the interview and indicating Committee approval of that inquiry. The objective of such a requirement would be to clearly identify those interviews characterized as "abuses" interviews which would require the absence of an agency representative during the actual interview. I was also asked to contact Schwarz to insure that he would not present to the Committee his counterproposal during the regular committee meeting on Wednesday, May 7, 1975. The purpose of such a request was to avoid the Committee adopting a final proposal regarding interviews prior to the Executive having an opportunity to express its. position. On the morning of May 7, 1975, we spoke with Schwarz, requested him to refrain from offering his counterproposals to the Committee for approval, and in response to his request explained to him that the reason was that the proposals were under discussion and it was necessary for all agencies in the intelligence community to be involved in the determination whether the alternative procedures would be acceptable. Mr. Schwarz agreed to refrain from offering his counterproposals to the Committee today. At approximately 10:25 a.m. on May 7th, I called Wilderotter and asked what the progress of his preparation of the proposed letter was. He told me that there would be no letter addressed to the Committee because the White House did not desire to escalate this matter and go over the head of the Committee counsel. I told him thi was extremely concerned at the inaction which has resulted thus far in / BI being in an indefensible position in regard to interviews of former employees. I explained to him that the Committee has not advised us of the interviews that have been conducted and we have learned of them only by calls from the witnesses. I told him that the interviews are still continuing because at the meeting on May 6, 1975, we expressly requested the Committee counsel to dis- continue the interviews temporarily until guidelines could be established and the Committee/expressly refused to do so. I told Wilderotter that this morning I received a call from John P. Mohr, former Assistant to the Director, who has broad knowledge -2- CONTINUED - OVER Docld: 32989532 Page 97
a Memorandum to Mr. Adams Re: Senate Select Committee on Intelligence of FBI matters, in which Mohr told me that he has been called to be interviewed at 10:00 a.m. on Friday, May 9, 1975, at Room G-308 in the New Senate Office Building. Mark Gittenstein was identified as the interviewer. I told Wilderotter this concerned me because we have no basis on which to advise Mr. Mohr as to the appropriate guidelines that may be followed during the course of such an interview and in the absence of knowledge of the subject matter of the interview we have no way of counseling him as to sensitive areas that should be deferred for discussion with members of the Committee or with the Chairman of the Committee. Wilderotter said he understood myy concern but he saw no way in which the matter could be resolved in time for guidelines to be established for the Mohr interview. He told me he would work on the preparation of a position paper to be used by the White House and the intelligence community to establish a policy that could be discussed with the Committee. Inspector Hotis and I then at approximately 11:10 a.m. went to a conference already in session in the office of Assistant Attorney General Scalia attended by representatives of the CIA, Department of Defense, NSA, Department of State and the Department of the Treasury. The other agencies were advised of the results of the meeting with the Senate Select Committee staff on May 6, 1975, and a general discussion ensued as to the willingness of the agencies to agree to interviews in the absence of agency representatives. The representatives of the State Department, Mr. Hitchcock and Mr. Jennings, indicated that State was adamant that interviews would not be conducted in the absence of representatives. I spoke privately with Assistant Attorney General Scalia and advised him of my conversation with Wilderotter and of the fact that John Mohr had been called for interview on Friday, May 9, 1975. I told him of my great concern that Mohr's interview would be sensitive because of his broad knowledge of the Bureau and told him that it was essential that appropriate guidelines be developed concerning such inter- views as soon as possible. Scalia told me that he had just finished speaking with Wilderotter and he sshared my concern. He then called Wilderotter and subsequently advised me that Wilderotter said that he, Wilderotter, would immediately contact Schwarz to request at postponement of the interview of John Mohr pending the establishment of guidelines. In the event he would be unsuccessful, Roderick Hills and Philip Buchen would discuss the matter with Senator Church and Senator Tower. -3- ' CONTINUED - OVER HW 55075 Docld:32989532 Page 96
a 6 6 Vir, We Re Wannall Airtel i+ Mr. BD. W. Moore . . '  L-» Mr. E. W. Walsh bA =-16375— - 4/18/75 CH iTo: SAC, Buffalo (157-1681) | ~ PERSONAL ATTENTION je From: Director, FBI ~€t57-27812) naaanaa ; — v - . RARL EDWARD HAND,~-JR. 1 = Mr, R. E. Gebhardt RYTREMIST MATTER » NATIONAL GUARD PARTY (Mr, J, G Kelly) (BUDED: 4/23/75) LaMr, J. A. Mintz vain Mr. R, F. Olmert) 1 AE e 3 s * yy i- Mr. J. G. Deegan A g ReBUairtel dated 4/11/75, l= Mr. W. 0. Cregar —~ ae: ‘L= Mr. W. D, secant | eA Th A review of the copy of subjects: Wtcet tb: Skuatet : aE) = Frank Church dated 4/8/75 and allegations sontalaed therein c 8 SI > concerning Agent personnel of your office requires prompt ~ ag submission of affidavits in refutation of those allegations OK HOS where facts so warrant, \ m& U2 s 2 * 2 « 3 nd Accordingly, and in view of the extreme likelihood \ny RES of early inquiry concerning these allegations from Senator ™ Bea Church or other recipients of subject's letter, appropriate = <= affidavits should be drawn and submitted by airtel to FBIHQ v= by the close of business 4/23/75. | = in the event one or more of subject's allegations = cannot be refuted, you should make specific comment concerning pond \c Same in your airtel enclosing these affidavits, ; N xt ty e. An extra copy of this commmication is furnished Buffalo for inclusion in its file concerning the National Guard Party, en lee Assoc. Dir. 1 ” Pittsburgh los ‘ sate Er © Asst. Dir.; Ce gn Lb» 157-33528 (ational Guard Party) Ext. Affairs Ident. = G5) f {nspection ___ Intell, Luberetory HW 5507 7 Rocla: 32969 Plan. & Evcl. Spec. Inv. _. Training Legal Coun. Tolono Di fecroe x FOS MAVD anh TELETYPE UNIT (J age 102
Airtel to SAC, Buffalo RE: KARL EDWARD HAND, JR. 157~27812 » NOTE: Subject is a former leader of the white hate National Socialist White Peoples Party in Buffalo, New York, -He presently heads an organization known as the National , Guard Party (NGP), a neo-Nazi white hate organization which by its objectives would deny certain minority groups of thdir civil rights, Referenced airtel enclosed copies of a letter written by subject to Senator Frank Church (Democrat ~ Idaho) “of the United States Senate’ Select Committee to Study Governmental Operations with Respect to Intelligence Activities ° in which he makes complaint concerning the Bureau's investiga» tion of his organization, himself, and with regard to the’ arrest of his coleader, Willian Edward Garrett, in connection with a Federal firearms violation. Subject's letter, copies of which were also directed to Senator John Tower (Republican + Texas) and to the Buffalo "Courier Express," a daily newspaper published in Buffalo, charges the FBI in Buffalo tapped his telephone as well as the telephones of NGP members and supporters; threatened to "frame subject; threatened to "eet" subject; attempted to bribe his personal friends; used scare" tactics against friends, relatives, employees and businessmen who do the NGP organization's printing; threatened - to shoot subject's dogs during arrest of William Edward Garrett; and lied to NGP supporters and businessmen by indicating the NGP gfoup,was planning to blow up certain buildings, Subject's %,. letter allegés these activities are in direct violation of the , NGP> organization's constitutional rights and requests Senator ; ‘ Church conduct investigation concerning same, Appropriate { instructions being directed to the Buffalo Division which, in referenced airtel, indicated Special Agents involved in the controversial arrest of Garrett have submitted memoranda categorically denying allegations concerning the arrest, Bureau _ £iles contain no information to substantiate allegations of | _ Subject, Des - -o 2 NOTE CONTINUED PAGE THREE iW 55075 DoctId: 32989552 Page 103 .
lMW 55075 ~~ Airtel to SAC, Buffalo ~ RE: ‘KARL EDWARD HAND, JR. 157-27812 NOTE CONTINUED: This has been coordinated with SA R, F,. Olmert of the Legal Counsel Division, Bureau deadline being imposed in view of the nature of the allegations made and current investigation into FBI operational activities. by Senator Church's committee, ra wa t%, DoclId: 329895352 Page 104
| FO-36 (Hey. $-2%-54) u7 Baye 4 ° - ~ & 7 _ . a > . a ot ae @ - EBI di Date:: 4/11/75 | | 1 l | { | | { { { Transmit the following in we (Type in plaintext or code) bs CISD af Vio ATRIEL AIR MAIL - REGISTERED MAIL —__asst08 Saga TO: DIRECTOR, FBI (157-27812) Bes ote SAC, BUFFALO (157-1681) (P) KARL EDWARD HAND, JR., aka > EM - NGP ae Jone (00: BUFFALO) OS ENTIOT VS Remylet, 1/23/75, captioned as above; report of SA ROBERT N. SHAW, 10/25/74, at Buffalc, and Buffalo airtel to Bureau, 10/31/74, both captioned "WILLIAM EDWARD GARRETT; EM <« NSWPP; UNLAWFUL POSSESSION OR RECEIPT OF FIREARMS, 00: PITTSBURGH.“ 79/2 ~ [2 ~ J | Enclosed for the Bureau are two (2) typewritten copies and for Pittsburgh one (1) copy by Bureau secretary of letter received by the Buffalo Division on 4/10/75, addressed to The Honorable FRANK D. CHURCH, U. S. Senate, Washington, D.C., dated 4/8/75, which is self-explanatory. /S7 Buffalo unable to xerox because of poor quality of carbon copy received, Bureau's attention is drawn to the letter's distri-+ bution. For the information of the Bureau, Buffalo "Courier Express" is a dailv newspaper published at Buffalo, New York. The letter is allegedly signed by KARL HAND, JR, Authenticity of HAND's letter writing activities confirmed in conversations Original Filed In AY with BU 1471-E, who alerte Buffalo Office prior to receipt as of enclosed letter. Rs aN ~s For the information of the Bureau, incident referred PWS to as section "F." ithe enclosed letter refers to f s * GG. Jy ° ew xh ! we Le. 0th » tuolese es AB ned YO9? Jesh {- yy g7- Bureau (Encls. 2) (AMRM) - am wn ve 1 = Pittsburgh (157-1640) (Ene. 1) (AMRM) : 2 <- Buffalo b t CO — 4 i RFUscas f} Piece aE CET 2 . ee ; 8 ORE MAY 16 1975 ; ; : AEST TTC wa Verad H : eae > A maacen ; : ; Approved: iin Sent —WM i ALT : Special Acent in Charge arene 405-735 ‘ HW 55075 Docld:32989532 Page 105 ; :
a mee eae A A Ea Aha Re om Ca = ‘ . oy . 5 . . . s ¥ s oo. . . s . ' . a re yi * - « a ‘ : Ms ; < . ‘ . ry . . * BU 157-1681 the arrest of WILLIAM EDWARD GARRETT (Bureau file 157- 22471; Buffalo file 157-1388) by Bureau Agents at Buffalo, New York on 10/23/74 at the residence of KARL HAND, 2213 South Bailey Avenue, Buffalo, New York. GARRETT was arrested based om an authorized complaint and warrant at Pittsburgh, Pennsylvania, charging GARRETT with violation of Title 18, Appendix, Section 1202(a)(1), USC, "Possession of a Firearm by a Convicted Felon", [It should be noted that KARL HAND was not present at this arrest and GARRETT was alene in the ouse. . In that arrest Buffalo advised the Bureau in referenced airtel, dated 10/31/74, of the items observed by Bureau Agents at time of arrest, which were as follows: The front windows and door of 2213 South Bailey Avenue are completely covered with chicken wire. There were two large German Shepherd dogs on the premises. Upon entering the residence a five~gallon can was observed behind the stove. with approximately six axe handles. In the upstairs bedroom there was a fully-loaded Stevens Model 77B 20-gauge shotgun, serial number unknown. In the downstairs bedroom there were several boxes of .22. ammunition and numerous loose 20-gauge shotgun shells. . It is noted that memoranda have been prepared by the SAs: who participated in this arrest of GARRETT on 10/23/74, including SA ROBERT N. SHAW, wherein all categorically deny that any attempt was made to incite GARRETT into doing anything against his best interests. In addition, all SAs categorically deny any threat having been made to shoot dogs found on the premises. It is pointed out that GARRETT was alone in the house at the time of arrest and that at no time was KARL HAND present, _ It is also pointed out for the information of the Bureau. that on 11/7/74, U. S. Magistrate EDMUND F. MAXWELL, Buffalo, New York, released GARRETT and dismissed charge of violation ef Title 18, Appendix, Section 1202(a)(1), USC. However, on 11/8/74, the FGI, Western District of Pennsylvania (WDPA) at Pittsburgh, Pennsylvania, entered a true bill charging GARRETT with violation of Title 18, Appendix, ~” 2 - . ; . - HW 35075 Doold: 32989532 Page 106 _
TO FROM fy =O, SREIN IS UNCLASSIFIED a ALT, INFORMATION CON inl he D : w. [pifocregar O- me SUBJECT: SENSTUDY 75 SENATOR CHURCH'S: STATEMENT Bd. 2 oOo Page 105 » \ JY OPTIONAL FORM NO. 10 5010-106 MAY 1962 EDITION GSA GEN. REG. NO, 27 UNITED’STATES GOVERNMENT Assoc. Dir. 1 - Mr. J. B. Adams ee ee Memorandum Love Sl AL Mints (tt 1 - Mr. J. B. Hotis Admin. - Comp. Syst. —. : Mr. W. R. Wannall DATE: 4/14/75 Flee & Como 1 - Mr. W. R. Wannall moval inspection 1 -Mr. L. F. Schwartz inteli. 0%" 1 - Mr. W. O. east Laboratory Plan. & Eval. — A Spec. Inv. - Tr ie nls phone fnove N, oo ve Director Sec’y __ This memorandum reports the results of anAExecutive Committee Meeting of the Ad Hoc Coordinating—Group jon | Congression al Review for the Intelligence Community on 4/11/75. oe The Executive Committee, hereinafter referred to as “| EXCOM, was chaired by Mr. W. E. Colby in his role as the Director 3 of Central Intelligence (DCI). Present at the meeting were ~“} Mr. Roderick Hills, Counsel to the President; Mr. James Wilderotterh{ Associate Counsel to the President; Mr. Thomas K. Latimer, Special Assistant to the Secretary of Defense, as well as senior officials of State Department, National Security Agency (NSA), Office of Management and Budget, and the National Security Council. Mr. Antonin Scalia, Assistant Attorney General, was scheduled to represent the Department of Justice; however, due to a scheduling foul up Scalia never made the meeting. Ge The following matters of interest were discuss this meeting: "The Washington Post" edition of 4/10/75 contained the N “results o£ an interview with Senator Frank Church, Chairman of Ve the Senate Select\ Committee (SSC). According to this article, . Church ‘stated the#Committee reserves the right to make public Cy eventually any doc iments it receives and is accepting nothing ‘ with “Strings attached." Mr. Roderick Hills advised the EXCOM ~ that he and Mr. Wilderotter had a’ meeting. with SSC Staff Director, fe William Miller subsequent to the Church statement. Both Hills Poe and Wilderotter came away from.this meeting believing the ~ newspaper report was an overstaitement of Church's intent. 7 Considerable discussion followed Mr. Hitlls' comments. Mr. Colby + noted that by letter dated 3/11/75 to Senator Church he confirmed 7, a previous conversation with Senator Church wherein the Senator 62. Nespe=IAF * "FE MAY 131975 rH es be DT Enclosures + WOC:Imh lm by - Ma. OT 1975 an ? —_, <= re — “= tres
HW 55075 | Memorandum to Mr. W. R. Wannall - Re: Senstudy 75 recognized that certain aspects of intelligence activities must receive special consideration and treatment (a copy of Colby's letter is attached). By letter dated 3/12/75, Senator Church confirmed the receipt of Colby's letter and again stated that in the event the SSC inquiry touches on such sensitive areas, Senator Church and Colby should discuss jointly what procedures should be followed (copy of Senator Church's letter is attached). Following the meeting Mr. Wilderotter advised me that the White House will prepare a letter to Senator Church recognizing that Congress can, at its discretion, declassify material it receives but strongly urging that such declassification action not be taken unilaterally by the Senate Select Committee without the approval of the agency originating the information. Wilderotter stated that the White House expected to speak for the Executive Branch with a strong voice and that individual agencies should take no action regarding the Church ‘statement ~ until the White House has had the opportunity to clear the air with Senator Church. SECRECY AGREEMENT AND: EMPLOYEE NOTICE Attached is a copy of a CIA employee bulletin dated 3/12/75. This bulletin relieves CIA employees from the secrecy agreement should they be interviewed or should they have to testify before the SSC. At the EXCOM meeting Mr. Wilderotter suggested all agencies of the intelligence community employing a secrecy agreement prepare such an employee notice as well as a letter to Senator Church advising him that the individual agency was relieving their employees from the secrecy agreement. Mr. Colby charged the Security Committee of the United States Intelligence Board (USIB) with preparing a draft of such a bulletin and letter for the guidance of member agencies and departments. $ It is the opinion of Assistant Director Mintz ‘concurred (Vv by the Intelligence Division that a general letter to all employees from the Director releasing them from their obligation under the FBI employment agreement concerning secrecy for purposes of possible interviews by representatives of the Senate -2- CONTINUED - OVER Docld: 32989532 Page 109
Memorandum to Mr. W. R. Wannall Re: Senstudy 75 Select Committee would be unwise. It cannot be predicted what level of FBI employee will be contacted for interview or whether any employee contacted would have sufficient factual knowledge in order to provide a full responsive reply to Committee questions. Moreover, an employee without a full understanding of the material being inquired about may not be aware of the sensitive nature of the answers. that might be given. As written, the employment agreement provides that the burden is on the employee to determine prior to disclosure © whether information may be disclosed and that the Director of the FBI is in a better position than the employee to make such a determination. Therefore, it is the opinion of Mr. Mintz and the Intelligence Division that if no general letter of release is issued to all employees, any member contacted for interview may rely upon the provisions of the employment agreement as guidelines © for his or her appropriate response. Specifically, such an employee would be obligated to bring to the attention of the Bureau any such request for an interview and in addition, he or she would be obligated to describe the general nature of the inquiry. At such time as request for interviews are made we will be in a better position to determine whether the employee is the appropriate person and to evaluate the sensitivity of the material in question. REVIEW. OF WHITE HOUSE DOCUMENTS BY SENATORS CHURCH AND TOWER; Mr. Hills advised that both Senators. Church and Tower have tentatively agreed to review sensitive White House documents the. SSC is interested in in White House space. They have tenta- - tively accepted the fact that should they believe such documents are necessary for retention in SSC files, they will accept a paraphrase of the original document.. This arrangement has not been completely agreed to by Senators Church and Tower but Mr. Hills is hopeful such an arrangement can be worked out. ’ BRIEFING OF THE SSC BY THE ‘INTELLIGENCE COMMUNITY STAFF . Mr. Colby advised that during the week of 4/13/75 he and Mr. John Clarke, Associate Deputy to the Director of Central Intelligence for the Intelligence Community, will brief the Senate - 3°- CONTINUED - OVER HW 55075 DBocld:329899532 Page 110 bt _ oe ee
Memorandum to Mr. W. R. Wannall Re: Senstudy 75 Select Committee staff on how the Director of Cental Intelligence manages the intelligence community. Later in the month, Colby is hopeful that those ‘senators making up the Committee will also visit CIA Headquarters for a similar briefing. ‘KEY. ISSUES — My memorandum of 4/7/75 reporting the results of the last EXCOM meeting identified eleven key issues which the White House was particularly interested in (copy of the key issues attached). As reported in the 4/7/75 memorandum the FBI has been designated to prepare the paper entitled "Intelligence Files and Privacy." Mr. J. Dennis Miller, Legal Counsel Division, will prepare this paper. He will work with Mr. John Brock, Office of the Secretary of Defense, as well as Mr. Bob McBrien of Treasury. The White House is very interested in the preparation of these key issue papers and has asked that the person responsible for preparing each paper have ready a comprehensive outline as to. how the paper will be constructed on the occasion of the next EXCOM meeting scheduled for Friday 4/18/75. ‘ THIRD AGENCY RULE Attached herewith is a paper entitled "Third Agency Rule" prepared by CIA's General Couns®l. It is designed to acquaint the intelligence community with a background of the third agency rule and to insure that all members of the community adhere to the third agency rule when responding to requests from the Select Committees of the Congress. It is to be noted Mr. Wilderotter expressed the hope that all agencies in the intelligence community will respond to a third agency request within a 48 hour deadline. Both the military and CIA felt such a short deadline was impossible but all indicated they would try to provide responses within 48 hours when clearance to pass information to the Select Committees of Congress under the third agency rule is requested. - Am CONTINUED - OVER | AW 55075) Docld: 32989532 Page 111 ee eeeees—‘“_sSeesSses—s
| HW 55075 Memorandum to Mr. W. R. Wannall - Re: Senstudy 75 INTERAGENCY REGISTRY _ Attached is a memorandum from Mr. Colby to all USIB principals dated 4/10/75 describing the establishment of a registry to insure that the community is kept informed as to materials which will formally be provided to the Select Committee by all elements of the intelligence community. The Colby memorandum notes that in order to make the registry useful it is essential that it include the following: File copies of documents or other materials which each intelligence community element provides to a Select Committee wherein the originating agency considers the material to involve aspects of community activities. (The Bureau would have very few items of this nature other than agreements. or understandings the Bureau might have with other elements: of the intelligence community.) — The second requirement of the registry is that an abstract of each response to a Select Committee be provided to the registry for its retention. The Bureau has already established a procedure for providing such abstracts to the registry. * RECOMMENDATIONS: 1. In light of the Church statement in "The Washington Post" and the subsequent conversations the White House has or contemplates having with Senators Church and Towers. it is recommended that we continue to disseminate all responses to the SSC except in those sensitive matters that require close administrative control. In those instances it is recommended that we advise the Staff Director that such information responsive to their request is available at Bureau Headquarters and may be _reviewed by himself or a senior staff member of the SSC. -~ 5 - CONTINUED - OVER Docld: 32989532 Page 112
-2- I am particularly appreciative of your recognition that certain sensitive aspects of our intelligence /activities must receive special consideration and treatment by the Select Committee in the course of your work. As we discussed, such matters as the identities of our sensitive sources, the material provided to us by cooperating foreign intelligence services, the details of technical devices and systems and of operational methods, the identities of certain _Of our employees who could be targets of kidnapping or assassination, the identities of American citizens and organizations who have cooperated with U.S. intelligence, and some additional materials the public disclosure of which would create serious foreign policy or national security problems, should be protected not only from exposure, but indeed from the risk of exposure. We should also work together to protect certain other information which, if improperly disclosed, might impair the privacy rightsiof individuals. Where these ' kinds of considerations are present, I anticipate that appro- priate understandings can be arrived at to avoid the risk of exposing such matters dnd at the same time to satisfy the Select Committee's need for a full understanding of our activities. As I stated to you, employees of the Central Intelligence Agency will be available to the Select Committee for staff interviews and for testimony. As we have discussed, this might require, in some circumstances, special arrangements to protect the identity of particular employees whose physical safety or future career might be placed in jeopardy by exposure. I anticipate that suitable safeguards can be established to avoid such dangers. I assume the Committee will make its own arrangements with respect to ex-employees as to whom I no longer have the authority to direct their cooperation. However, I am available for whatever assistance I can provide in this regard. As you are aware, all employees of the Central Intelligence Agency are required to sign a secrecy agreement when they enter on duty. This is a condition of employment, and it requires that they keep forever secret all classified information gained during the course of their employment. The secrecy agreement further requires that they may not disclose classified informa- tion, either orally or by publication, without prior authoriza- tion from the Director of Central Intelligence. Under the secrecy agreement, an employee's obligations with respect to . the protection of classified information continue after his employment with the CIA has been terminated. HW 55075 Docld:32989532 Page 36 5
| a 35075 Docld:32989532 Page 117 a 7 a - SG oT it is my desire that the secrecy agreements signed by our employees shall not impair the necessary work of the Select Committee. To accomplish this, and in recognition of the security protection contemplated by the Select Committee, I have determined that disclosure of otherwise protected information to the Select Committee or its designated staff members will constitute an authorized provision ef infor- mation within the meaning of the secrecy agreements. This letter may be used to indicate such authorization for any Agency employee or ex-employee to furnish information to the Select Committee or appropriate staff members on matters which would otherwise be covered by their secrecy agreement, but which are not among the particularly sensitive matters such as mentioned above. With respect to those particularly sensitive matters, different procedures are obviously neces- Sary. Accordingly, where any matter included in these sensi-~ tive categories would be involved in responding to the Com< mittee, the employee should express his concern and, if possible, propose a way of responding to the Committee without exposing such sensitive details. If the Committee helieves that a disclosure of those aspects is nevertheless necessary, the matter will be discussed between the Committee and the Agency. I am prepared to consult with the Committee at any time to avoid difficulties in this area and quickly determine together the appropriate course of action to be taken. With the good faith evident in our discussions on these matters, I believe that these arrangements will enable me to discharge my responsibilities to protect intelligence sources and methods from unauthorized disclosure, while at the same time to provide the Select Committee with all the information it needs to accomplish its task. As we have agreed, it is in the national interest as well as that of the Select Committee and the U.S. intelligence community to ensure that your review proceed as smoothly and as expeditiously as possible. Toward that end, I have in- structed all CIA personnel to respond in a spirit of coopera~- tion. Sincerely, W. E. Colby Director
_ iW 35075 Docld: 329995352 Page 113 THE DIRECTOR OF CENTRAL INTELLIGENCE WASHINGTON, D. C. 20505 . ~~ 10 April 1975 . pele Es pissed ont eect aos ait ' genet aw MEMORANDUM FOR: USIB Principals ~ pase) SUBJECT: Community Aspects of Inputs to Congressional Committees Investigating Intelligence 1. The Intelligence Community Staff, with John M. Clarke, Associate Deputy/IC, as my representative in these matters, will keep the Board and other appropriate officials advised as to progress of the investigations conducted by the Senate and House Select Committees investigating intelligence activities. In particular, it will ensure that we are kept informed as to materials which are formally being provided to the Select Committees by all elements of the Community. The USIB Ad Hoc Group will assist on this matter and provide the mechanism for regular and constant communi- cations. 2. In response to this assignment, the Intelligence Community Staff is establishing a registry for documentation relating to the investigations. This registry will be a source of reference of all responses, testimony, et cetera, provided by USIB agencies and available to your designated representatives. 3. In order to make the registry useful to the Board, it is essential that it include: a. File copies of documents or other materials which each Intelligence Community element provides to one of the Select Committees where the originating agency*considers the materials to involve aspects of Community activities, - and/or which may result in follow-on queries concerning. the functioning of the Community. The availability of this documentation will be of particular importance if it is expected there will be subsequent inquiries relating to the materials provided and involving elements of the Community other than the originating element.
b. An abstract of each formal input to a Select Committee - unless the Intelligence Community registry is provided with an actual copy of the material itself, A proposed format for such abstracts is attached. W. E. Colby Attachment: As stated BW 55075 Docld:32969532 Page 119 a. . .
BULLETIN No, 442 12 March 1975 Senate Select Committee To Review _- U.S. Intelligence Activities Senate Resolution 21 established a Select Committee of the Senate to review U.S. intelligence activities. The Resolution calls for a comprehensive review of the total U.S. intelligence effort and is not restricted to the recent charges and allegations against CIA alone. Consequently, it is likely to be far-ranging in its impact. It is in all of our interests to see that the Select Committee receives full understanding of our activities and their contribution to the country as expeditiously as possible. I have every confidence that the inquiry will be responsible, and constructive, and will pro- duce new understanding of, and improvements in, the American intelligence system. It is with this conviction that I have pledged my personal coop- eration and that of the CIA. I have advised Senators Church and Tower, the Committee Chairman and Vice Chairman, that employees of the CIA will be available to the Select Committee for Staff interviews and for testimony. We are working with the Committee Staff to design procedures to facilitate their work in examining topics of concern. Attached to this bulletin is a letter which I have sent to Senator Church. To facilitate the necessary work of the Committee and in recognition of the security protection contemplated by the Committee, I have determined that disclosure of otherwise protected information to the Select Committee or its designated Staff members will constitute authorized provision of information within the meaning of the Secrecy Agreements signed by each CIA employee, subject to the special proce- dures and limitations set forth in the letter regarding particularly sensitive matters. Senator Church has agreed that reference to sensi- tive data in any Committee report will be subject to consultation between the Committee and the Agency. HW 55075 Docld:32989532 Page 120 ner nT -- a ee
The cooperative spirit of our relationship with the Committee and its Staff must at the same time take account of the rights of Agency employees. The Committee Staff has agreed to advise employees of their Constitutional rights at the beginning of any interview or other appearance. When a current Agency employee is selected to be interviewed by the Select Committee Staff, the Staff Director or Chief Counsel will normally notify Mr. John M. Clarke, who is my principal liaison with the Committee and its Staff. Mr. Clarke, in turn, will notify the employee. The purpose of this is in no way to inhibit the work of the Committee. It is intended to allow time for the employee to gain general legal guidance if he wants it, and to obtain security guidance from an appropriate senior officer. My own belief is that after a careful review of all U.S. intelli- gence activities, the Committee will address needed legislative changes and will reaffirm their confidence in the importance and contribution of U.S. intelligence programs. W. E. Colby Director Attachment: a/s DISTRIBUTION: ALL EMPLOYEES | AW 55075 Docld:32989532 Page 121
rrr we 7 or & , 4 o Pees = . wt & t ad FRANK CHURCH, IDAHO, CHAIRMAN JOHN G, TOWER, TEXAS, VICE CHAIRMAN PHILIP A, HART, MICH. HOWARD H. BAKER, JR., TENN, WALTER F. MONDALE, MINN. BARRY GOLDWATER, ARIZ. WALTER D. HUDDLESTON, KY. CHARLES MCC, MATHIAS, JR., MD. ROBERT MORGAN, N.C. RICHARD S, SCHWEIKER, PA. > OBERT MORGAN Mattes States Dencte WILLIAM G, MILLER, STAFF DIRECTOR SELECT COMMITTEE TO STUDY GOVERNMENTAL OPERATIONS WITH RESPECT TO INTELLIGENCE ACTIVITIES (PURSUANT To 5. RES. 21, 9STH CONGRESS) WASHINGTON, D.C. 20510 March 12, 1975 Mr. William E. Colby Director of Central Intelligence Central Intelligence Agency Washington, D.C. 20505 Dear Mr. Colby: On behalf of the Senate Select Committee To Study Governmental Operations With Respect to Intelligence Activities, I want to thank 4 your for your letter of March 11, and the copy of the Employee Bulletin you have issued to all CIA employees. As we jointly recognize, in order for the Committee to carry out a thorough inquiry, in accordancé with the mandate contained in S, Res, 21, the Agency's full cooperation will be necessary, Your recognition that our mandate authorizes all, past and present, agency employees to cooperate fully, and without impediment dué to secrecy agreements, will serve to facilitate our expeditious collection of material relative to that mandate, “Y I particularly appreciate your statement recognizing our security precautions. As you know, your staff was very helpful to the Committee's staff in designing those precautions. fhe Staff Director and the Chief Counsel will, under the direction of the Committee, notify Mr. John Clarke of the members of the Committee who have been designated to carry out studies, inquiries and investigations required to meet the tasks specified in S. Res. el. It is the Committee's understanding that the members of the Committee and designated staff will have access to any and all information which the Committee determines is necessary for its inquiry. We recognize, however, that the Committee inquiry may touch on sensitive areas, such as the.identity of CIA personnel, sources, or cooperating organizations whose disclosure could place persons in actual jeopardy. In the event that the Committee inquiry touches on such sensitive areas, which matters / we have already discussed in our meeting of February 27, we should discuss jointly, and as you suggest quickly, what procedures might be followed should the Committee decide it requires more information in these specific areas, HW 55075 Docld: 32989532 Page 123 : ae ee - ae gg
Mr. William Colby Page Two March 12, 1975 I welcome these first steps in close cooperation and hope that it forecasts an expeditious and thorough inquiry that will result in the strengthening of our nation's a, activities under the law. fob Y Sth eon Church Chairman AW 55075 DBocld: 32989532 Page 124 . . ' 7 oe ia oe oe ll
>: 10 April 1975 The Third Agency Rule 1. As early as November 1953, the third agency rule was included in Executive Order 10501, which has now been revoked. Section 7(c) prohibited the dissemination of "classified defense information originating in another Department or agency" to an agency "outside the receiving Department or agency without the consent of the originating Department or agency." The only exception to this rule is that dissemination may be made under the authority of Section 102 of the National Security Act. This section authorizes the Director of Central Intelligence "to correlate and evaluate intelligence relating to the national security, and provide for the appropriate dissemination of such intelligence within the Government.using, where appropriate, existing agencies and facilities, " 2. Historically, the responsibility of the Director of Central Intelli- gence to disseminate intelligence has referred to "finished intelligence," This product is the end result of contributions from members of the Intelli- gence Community. Therefore, in this situation the finished product is a~ homogenous product and therefore the approval for further dissemination beyond the receiving agency must come from the Director of Central Intelligence. ’ 3, Executive Order 10501 was superseded by Executive Order 11652 which became effective 1 June 1972. This Executive order did not specifically cover the third agency rule. However, it does provide the following controls: Sec. 9. Special Departmental Arrangements. The originating Department or | other appropriate authority may impose, in conformity with the provisions of this order, special requirements with respect to access, distribution and protection of classified information and material, including those which presently relate to communications intelligence, intelligence sources and methods and cryptography. 4, In anticipation of the implementation of Executive Order 11652, a directive was issued on May 17, 1972 entitled "National Security Council Directive Governing the Classification, Downgrading, Declassification and Safeguarding of National Security Information." This directive does not contain the term "third agency rule” but does have four subsections which relate to procedures which are similar to what historically had been called the third agency rule. These sections are: A,(2) Determination of Need-to-Know. In addition to a security clearance, a person must have a need for access to the particular classified information or material sought in connection with the performance of his official duties or contractual obligations. The determination of that need shall be made by officials having responsibility for the classified information or material, HW 55075 Docld:32989532 Page 125 b mmm, 7 - |. Me
D. Consent of Originating Department to Dissemination by Recipient. Except as otherwise provided by Section 102 of the National Security Act of 1947, 61 Stat. 495, 50 U.S.C. 403, . classified information or material originating in one Department shall not be disseminated outside any other Department to which it has been made available without the consent of the originating Department. ; E. Dissemination of Sensitive Intelligence Information. Information or material bearing the notation "WARNING NOTICE -- SENSITIVE INTELLIGENCE SOURCES AND METHODS INVOLVED! shall not be disseminated in any manner outside authorized channels without the permission of the originating Department and an assessment by the senior intelligence official in the disseminating Department as to the potential risk to the national security and to the intelligence sources and methods involved. F. Restraint on Special Access Requirements. The establish~- ment of special rules limiting access to, distribution and protection of classified information and material under Section 9 of the Order requires the specific prior approval of the head of a Department or his designee. 5. Examples of the application of the third agency rule are: (a) Ina national security estimate, contributions are received from all members of the Intelligence Community, then disseminated to members of the community under the authority of the DCI. Recipients may not disseminate the estimate outside the Intelligence Community without the approval of the DCI; (b>) A CIA intelligence report disseminated to the State Department may not be sent by the State Department to the Department of Commerce without the permission of the CIA; (c) Information which the CIA furnishes the President's Commission may not be disseminated to other agencies or to the x Congress without the concurrences of CIA. Thus, a request from the Congress to the Commission for CIA information should be referred to CIA for action so that the necessary protection of the information can be insured; | HW 55075 Docld:32989532 Page 126 . .
~ , (dad) Ifthe Navy Department discusses one of its operations with CIA, CIA may not include information about that operation in papers it disseminates to other agencies unless it has received the permission of the Navy Department. The distinec- tion here is that a Navy operation would not be considered part of the finished intelligence mechanism and therefore would not fall within the statutory authority of CIA to disseminate intelligence; (e) Ifa State/DOD joint cable is disseminated to CIA, CIA may not send the information to the FBI until CIA has received the concurrence of both State and DOD. nw (55075 DocId:32989532_ Page ag. > — <r [all