iRS38 WA CODE 448PM URGENT 5-2-75 waM TO ALEXANDRIA BALTIMORE NEW HAVEN NEW AR K OMAHA FROM DIRECTOR (62- 116395) PERSONAL AT; NSTUDY 75 CAPTIONED MATTER PERTAINS TO BUREAU'S HANDLING OF REQUESTS FROM SENATE AND HOUSE SELECT COMMITTEES TO STUDY GOVERNMENTAL OPERATIONS WITH RESPECT TO INTELLIGENCE ACTIVITIES. IN CONNECTION WITH WORK OF THESE COMMITTEES, STAFF MEMBERS MAY INTERVIEW CURRENT AND FORMER FBI EMPLOYEES. THE SENATE SELECT COMMITTEE (SSC) STAFF HAS ALREADY INTERVIEWED SOME FORMER EMPLOYEES. NEWARK TELETYPE APRIL 39 LAST "ADMINISTRATIVE INQUIRY; 1964 DEMOCRATIC PARTY NOMINATING CONVENTION, ATLANTIC CITY, NEW JERSEY,” REPORTED ADVICE FROM FORMER SPECIAL AGENT JOHN P. DEVLIN THAT HE HAD BEEN INTERVIEWED BY WW 54962 Docld:32989500 Page 2
PAGE TyO MICHAEL T. EPSTEIN, SSC STAFF MEMBER, CONCERNING DEVLIN'S PART IN FBI'S ACTIVITIES AT DEMOCRATIC CONVENTION, ATLANTIC CITY, AUGUST 22-28, 1964, SET OUT BELOW ARE NAMES AND LAST KNOWN ADDRESSES OF FORMER BUREAU AGENTS ASSIGNED TO SPECIAL SQUAD AT ATLANTIC CITY, AUGUST, 1964. EACH OF THESE FORMER AGENTS IS TO BE IMMEDIATELY CONTACTED AND ALERTED THAT THEY MIGHT BE APPROACHED BY THE SSC STAFF. THEY ARE NOT, REPEAT NOT, TO BE ADVISED OF THE AREA WHICH = ———— MAY BE COVERED IN ANY INTERVIEW OF THEM BY THE SSC. THEY SHOULD, HOWEVER, BE TOLD THAT IN THE EVENT THEY ARE INTERVIEWED AND DURING THE COURSE OF SAME, QUESTIONS ARE ASKED WHICH RELATE TO SENSITIVE BUREAU OPERATIONS, THEY CAN REQUEST THAT AN FBI AGENT BE PRESENT. CONTACTS WITH THESE FORMER AGENTS TO BE HANDLED PERSONALLY BY ging as SAC OR ASAC. IN THE EVENT THIS NOT FEASIBLE FOR JUST CAUSE, TO BE HANDLED BY A SENIOR SUPERVISOR. IMMEDIATELY AFTER CONTACT, RESULTS SHOULD BE FURNISHED BUREAU BY TELETYPE IN ABOVE CAPTION. IF A FORMER AGENT NO LONGER IN YOUR TERRITORY OR TEMPORARILY AWAY, SET OUT LEAD TO OTHER OFFICE IMMEDIATELY WITH COPY TO FBIHQ. NEWARK SHOULD INCLUDE RECONTACT WITH DEVLIN FOR PURPOSE NW 34962 Doocld: 329099500 Page 3
PAGE THREE INDICATED ABOVE AND ALSO FURNISH BUREAU ANY INFORMATION DEVLIN MAY HAVE FURNISHED YOUR MFFICE IN ADDITION TO THAT IN YOUR TELETYPE, ALEXANDRIA: HAROLD P. LEINBAUGH, 1643 NORTH VAN DORN, ALEXANDRIA. WILLIAM P. GEORGE, 8338 WAGON WHEEL ROAD, ALEXANDRIA BALTIMORE: DONALD G. HANNING, 18 OXFORD STREET, CHEVY CHASE NEW HAVEN: HOBSON H. ADCOCK, 65 GLENBROOK ROAD, STAMFORD, CONNECTICUT. NEWARK: LEO THOMAS CLARK, 1421 ATLANTIC AVENUE, ATLANTIC CITY. JOHN PATRICK DEVLIN, 39 BENNINGTON ROAD, LIVINGSTON, NEy JERSEY. HOWARD J. WILSON, 38 CAMPBELL ROAD, SHORT HILLS, NEW JERSEY. OMAHA: JOHN J. QUINN, IOWA LAW ENFORCEMENT ACADEMY, JOHNSTON, IOWA. END RETURN TO TALK ON THE CONFERENCE NW 34962 Doocld: 32939500 Page 4
sf R874 WA CODE ISs18PM NITEL 5-2-75 MSE TO ALL SACS FROM DIRECTOR (62116395) PERSONAL ATTENTION Se STUDY 75 CAPTIONED MATTER PERTAINS TO BUREAU’S HANDLING OF REQUESTS FROM SENATE AND HOUSE SELECT COMMITTEES TO STUDY GOVERNMENTAL (ERATIONS WITH RESPECT TO INTELLIGENCE ACTIVITIES. IN CONNEC-~ TION WITH WORK OF THESE COMMITTEES, STAFF MEMBERS MAY SEEK TO INTERVIEW CURRENT AND FORMER FBI EMPLOYEES. RECENTLY, THE SENATE SELECT COMMITTEE (SSC) STAFF HAS INTERVIEWED SEVERAL FORMER EMPLOYEES AND IT IS ANTICIPATED THAT MANY MORE SUCH PERSONNEL WPLL BE CONTACTED. THE FBI HAS PLEDGED FULL COOPERATION WITH THE COMMITTEE AND WE WISH TO ASSIST AND FACILITATE ANY INVESTIGATIONS UNDER- TAKEN BY THE COMMITTEE WITH RESPECT TO THE FBI. HOWEVER, WE DO HAVE AN OBLIGATION TO INSURE THAT SENSITIVE SOURCES AND METHODS AND ONGOING SENSITIVE INVESTIGATIONS ARE FULLY | NW 54962 Docld: 32989500 Page 5 .
6 PAGE Tyo PROTECTED. SHOULD ANY FORMER EMPLOYEE CONTACT YOUR OFFICE AND HAVE ANY QUESTION REGARDING HIS OBLIGATION NOT TO DIVULGE INFOR- MATION OBTAINED BY VIRTUE OF HIS PAST FBI EMPLOYMENT, HE SHOULD Be INSTRUCTED TO CONTACT LEGAL COUNSEL, FBIHQ, BY COLLECT CALL. YOUR CONVERSATIONS WITH FORMER EMPLOYEES MUST BE IN KEEPING WITH OUR PLEDGE. IT IS BELIEVED SUCH A PROCEDURE WOULD INSURE PROPER PROTECTION AND ALSO FACILITATE THE WORK OF THE SSC. THE ABOVE PROCEDURE ALSO APPLIES TO CURRENT EMPLOYEES OF YOUR OFFICE. HOYEVER, CONTWCT WITH THE LEGAL COUNSEL SHOULD BE HANDLED THROQGH THE SAC. END FBIAX VAN CLR FOR TwO IW 54962 Doocld: 32969500 Page 6
(RGSS AX CODE L1s43PM NITEL MAY 3, 1975 WHM TO DIRECTOR (62-116395) FROM ALEXANDRIA (62-NEW) (P) SENSTUDY 75 RE BUTEL MAY 2, 1975. FORMER BUREAU AGENT WILLIAM P. GEORGE, 6302 GOLF COURSE SQUARE, ALEXANDRIA, VAs, CONTACTED MAY 2, 1975 AND STATED THAT IN EVENT HE Is CONTACTED BY STAFF OF SENATE OR HOUSE COMMITTEES, HE MAY REFUSE TO BE INTERVIEVED, BUT IF HE CONSENTS TO BE INTERVIEWED HE WILL REQUEST PRESENCE OF FBI AGENT, IF QUESTIONS ARE ASKED RELATIVE TO SENSATIVE 76 BUREAU OPERATIONS. INQUIRY AT RESIDENCE OF HAROLD P. LEINBAUGH, 1169 WIMBLEDON DRIVE, MC LEAN, Vass ON WAY 2, 1975, REVEALS THAT HE IS PRESENTLY AT (LUB MEDITERRANEAN, HOTEL CARAVELLE, ST. ANNE, GUADALUPE, FRENCH WEST INDIES. HE IS EXPECTED TO RETURN TO HIS RESIDENCE ON MAY 18, 1975. BUREAU IS REQUESTED TO ADVISE IF ALEXANDRIA SHOULD CONTACT LEINBAUGH UPON HIS RETURN. END. TJT FBI WASH DC CLR NW 34962 Docld: 32959500 Page 7
IRO36 WA CODE As1GPM NITEL 5-29-75 Paw TO ALL sacs FROM DIRECTOR (62-116395) ArrENt 108 fr) REBUTEL MAY 2, 1975.6 IN CONNECTION WITH WORK OF THE SENATE AND HOUSE SELECT COMMITTEES, ITS REPRESENTATIVES MAY CONTACT YOUR OFFICE FOR INFORMATION. IN ONE RECENT INSTANCE, A REPRESENTATIVE OF THE SENATE SELECT COMMITTEE TELEPHONICALLY INQUIRED AS TO IDENTITY OF SAC IN A PARTICULAR OFFICE DURING 1979. IN HANDLING SUCH INQUIRIES INSURE ESTABLISHING BONA FIDES OF REPRESENTATIVE BY SHOW OF CREDENTIALS ON PERSONAL CONTACT OR, IF TELEPHONIC CONTACT, BY TELEPHONING BACK TO COMMITTEE. UNLESS INFORMATION IS OF A PUBLIC NATURE, AS IN THE INSTANCE CITED ABOVE, OBTAIN FBIHQ CLEARANCE PRIOR TO SUPPLYING ANY INFORMATION. FBIHQ MUST BE EXPEDITIOUSLY ADVISED OF ALL INFORMATION FURNISHED. END NW 34962 Doold: 32959500 Page 6
FD-36 (Rev, 5-22-64) © @ FBI Date: = 5/20/75 O a .Transmit the following in CODED (Type in plaintext or code) Vi TELETYPE NITEL I id (Priority) | woe ee Lo LW TO: DIRECTOR (62-116395) 104% ra tt FROM: ALEXANDRIA (62-217) (RUC) SENSTUDY 75 RE ALEXANDRIA TELETYPE TO BUREAU, MAY 3, 1975. FORMER BUREAU AGENT HAROLD P. LEINBAUGH, 1160 WIMBLEDON DRIVE, MC LEAN, 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 CONGRESSIONAL COMMITTEE BUT IN EVENT HE CONSENTS TO INTERVIEW AND SENSITIVE MATTERS ARISE, HE WILL REQUEST PRESENCE OF BUREAU AGENT OR CONTACT LEGAL COUNSEL AT FBIHQ. END. __-f2E¥ED BZ PLO feet Approved: Mm Per [bacctice Special Agent in Charge U.S.Government Printing Office: 1972 — 455-574 p NW 54962 Doocld: 32989500 Page 9
5 ® 6 G58 WA CODE 9:88PM NITEL 5/28/75 PLD TO ALEXANDRIA NEW AR K ATLANTA . OMA HA BALTIMORE PHILADELPHIA CHARLOTTE PORTLAND CHICAGO PHOENIX KANSAS CITY TAMPA LITTLE ROCK WASHINGTON FIELD FROM DIRECTOR (62-116395) \ PERSONAL ATTENTION SENSTUDY 75. REBUTEL MAY 2, 1975. INQUIRIES MADE OF BUREAU BY SENATE SELECT COMMITTEE (SSC) CONCERNING A NUMBER OF PRESENT AND FORMER FBI EMPLOYEES, IN- C.UDING THEIR CURRENT WHEREABOUTS, SUGGESTS THEY MAY BE INTER- VIEYED BY SSC STAFF, EXACT SUBJECT MATTERS FOR INTERVIEWS UN- KNOWN. SET OUT BELOY ARE NAMES AND LAST KNOWN ADDRESSES OF FORMER BUREAU EMPLOYEES AND OFFICE OF ASSIGNMENT OF INCUMBENTS, ALL OF WHOM SSC HAS INQUIRED ABOUT. EACH OF THESE FORMER EMPLOYEES 1S TO BE IMMEDIATELY cON- MW 34962 Doold: 32839500 Page i0
TACTED AND ALERTED THAT HE (SHE) MIGHT BE APPROACHED BY THE PAGE TywO SSC STAFF, SUBJECT MATTER UNKNOWN. THEY SHOULD BE TOLD THAT IN THE EVENT THEY ARE INTERVIEWED AND DURING THE COURSE OF SAME, QUESTIONS ARE ASKED WHICH RELATE TO SENSITIVE BUREAU OPERATIONS (SOURCES, METHODS, TECHNIQUES, THIRD AGENCY RULE, AND ONGOING INVESTIGATIONS), THEY MAY REQUEST THAT AN FBI AGENT BE PRESENT. BUREAU WILL PROVIDE AGENT ON REQUEST OF INTERVIEWEE. AS A PRELUDE TO INTERVIEW, THE FORMER EMPLOYEE MAY, AFTER BEING CONTACTED BY SSC STAFF, CONTACT BUREAU'S LEGAL COUNSEL DIVISION BY COLLECT CALL FOR FULL INFORMATION TO ASSIST HIM, INCLUDING (LIGATIONS AS TO CONFIDENTIALITY OF INFORMATION ACQUIRED AS FBI EMPLOYEE. IT IS EMPHASIZED THAT BUREAU'S OFFER OF ASSISTANCE Is NOT INTENDED TO IMPEDE SSC WORK BUT IS DONE AS COOPERATIVE GESTURE AND TO SAFEGUARD SENSITIVE BUREAU INFORMATION. CONTACTS WITH THESE FORMER EMPLOYEES TO BE HANDLED PERSONALLY BY SAC OR ASAC. IN EVENT THIS NOT FEASIBLE FOR JUST CAUSE, TO BE HANDLED BY A SENIOR SUPERVISOR. INCUMBENT EMPLOYEES TO BE ADVISED THAT IF CONTACTED BY SSC STAFF FOR INTERVIEW, LEGAL COUNSEL DIVISION TO BE IMMEDIATELY MW 54962 Doold: 32889500 Page ii
PAGE THREE NOTIFIED THROUGH SAC. IMMEDIATELY AFTER CONTACT, RESULTS SHOULD BE FURNISHED BUREAU BY TELETYPE IN ABOVE CAPTION. IF A FORMER EMPLOYEE NO LONGER IN YOUR TERRITORY OR TEMPORARILY AWWY, SET OUT LEAD TO OTHER OFFICE IMMEDIATELY WITH COPY TO FBI HEADQUARTERS. ALEXANDRIA: COURTLAND J. JONES, 6607 N. 29TH STREET, ARLINGTON, VA.3 ROBERT G. KUNKEL, SAC3 BERNARD A. WELLS, 5511 MONTGOMERY STREET, SPRINGFIELD, VA. ATLWNTAS ALDEN F. MILLER BALTIMORE: ERNEST H. BELTER, 616 EDNOR ROAD, SILVER SPRING, MAR YLAND$ STERLING B. DONAHOE, 2813 SPIRAL LANE, BOWIE, MARYLAND$s ROBERT H. HAYNES, 285 NORTHMOOR DRIVE, SILVER SPRING, MARYLAND CHARLOTTE: JOSEPH A. SIZOO, 844 PINE CRESCENT, WHISPERING PINES, NORTH CAROLINA CHICAGO: OLGA CIESA, 14499 S. INDIANA AVENUE, CHICAGO, ILLINOIS KANSAS CITY: BILL D. WILLIAMS, SAC LITTLE ROCK: JOHN J. CREAMER, JRe, ASAC NEWARKs JOHN J. CONNOLLY$ RITA AGNES AMBROSIO, 1694 JOHN STREET, FORT LEE, NEW JERSEY; RALPH W. BACHMAN, WW 54962 Doold: 329859500 Page if a a etm cnmmmmidtammmnemnnsns-aummmmmmmmmmmmmsin __
FD-36 (Rev. 5-22-64) ©} @ = ey ©S IS FBI. Date: 5/29/75 Transmit the following in CODE (Type in plaintext or code) ! Via _.._ TELETYPE ise (Priority) a are Jo! TO: DIRECTOR (62~116395) FROM: SAC, ALEXANDRIA (62-217XCR SENSTUDY 75. REBUTEL TO ALEXANDRIA, MAY 288 1975. ON MAY 29, 1975, FORMER EMPLOYEES COURTLAND J. JONES AND BERNARD A. WELLS WERE CONTACTED BY ASAC MICHAEL A. MORROW, IN ACCORDANCE WITH BUREAU INSTRUCTIONS, AND FURNISHED INFORMATION SET OUT IN REFERENCED TELETYPE. END. (1) Approved: ~Kfean Sent 37/0, Per XL | Special Agent in Charge U.S.Government Printing Office: 1972 — 455-574 NW 54962 Docld: 32989500 Page 14
1 UNITED STATES DEPARTMENT OF JUSTICE 1-75 FEDERAL BUREAU OF INVESTIGATION WASHINGTON, D.C. 20535 May 28, 1975 MEMORANDUM TO ALL EMPLOYEES RE: INTERVIEWS OF FBI EMPLOYEES All employees are advised that Congress is conducting an inquiry into activities of the Federal Bureau of Investigation. Congressional staff members are conducting interviews of former and current FBI employees. This Bureau has pledged its cooperation with the Congress. You are reminded of the FBI Employment Agreement (copy attached) with which you agreed to comply during your employment in the FBI and following termination of such employment, Also, you are reminded of Title 28, Code of Federal Regulations, Section 16.22 (copy attached), which reads as follows: "No employee or former employee of the Department of Justice shall, in response to a demand of a court or other authority, produce any material contained in the files of the Department or disclose any information relating to material contained in the files of the Department, or disclose any information or produce any material acquired as part of the performance of his official duties or because of his official status without prior approval of the appropriate Department official or the Attorney General in accordance with Section 16,24." Also, you are reminded of Department of Justice Order Number 116-56, dated May 15, 1956, (copy attached) which, among other things, requires an employee upon the completion of his testimony to prepare a memorandum outlining his testimony. Our cooperative efforts, of course, must be consistent with the above cited authority. Therefore, if you are contacted for purpose of interview or testimony you are to request approval as required by the Employment Agreement and await authorization before eg furnishing information, testimony, or record material. G=- 1 cee) SEARCHED Boca. LED SN 4} 19/5 Enclosures (3) Clarence M. Kelley Director ALEXANDRI Fel= Spool: 2989500 Page 15
FD-291 (Rev. 11-1-73) Y @ EMPLOYMENT AGREEMENT As consideration for employment in the Federal Bureau of Investigation (FBI), United States Department of Justice, and as a condition for continued employment, I hereby declare that I intend to be governed by and I will comply with the following provisions: (1) That I am hereby advised and I understand that Federal law such as Title 18, United States Code, Sections 793, 794, and 798; Order of the - President of the United States (Executive Order 11652); and regulations issued by the Attorney General of the United States (28 Code of Federal Regulations, Sections 16.21 through 16.26) prohibit loss, misuse, or un- authorized disclosure or production of national security information, other classified information and other nonclassified information in the files of the FBI; (2) I understand that unauthorized disclosure of information in the files of the FBI or information I may acquire as an employee of the FBI could result in impairment of national security, place human life in jeopardy, or result in the denial of due process to a person or persons who are subjects of an FBI investigation, or prevent the FBI from effectively discharging its responsibilities. J understand the need for this secrecy agreement; there- fore, as consideration for employment I agree that [ will never divulge, publish, or reveal either by word or conduct, or by other means disclose to any unauthorized recipient without official written authorization by the Director of the FBI or his delegate, any information from the investigatory files of the FBI or any information relating to material contained in the files, or disclose any information or produce any material acquired as a part of the performance of my official duties or because of my official status. The burden is on me to determine, prior to disclosure, whether information may be disclosed and in this regard I agree to request approval of the Director of the FBI in each such instance by presenting the full text of my proposed disclosure in writing to the Director of the FBI at least thirty (30) days prior to disclosure. I understand that this agreement is not intended to apply to information which has been placed in the public domain or to prevent me from writing or speaking about the FBI but it is intended to prevent disclosure of information where disclosure would be contrary to law, regulation or public policy. I agree the Director of the FBI is in a better position than I to make that determination; (3) I agree that all information acquired by me in connection with my official duties with the FBI and all official material to which I have access remains the property of the United States of America, and I will surrender upon demand by the Director of the FBI or his delegate, or upon separation from the FBI, any material relating to such information or property in my possession; (4) That I understand unauthorized disclosure may be a violation of Federal law and prosecuted as a criminal offense and in addition to this agreement may be enforced by means of an injunction or other civil remedy. I accept the above provisions as conditions for my employment and continued employment in the FBI. I agree to comply with these provisions both during my employment in the FBI and following termination of such employment. (Signature) (Type or print name) Witnessed and accepted in behalf of the Director, FBI, on 19 by Oe lo ? _ (Si f/m BL / oct he ds9500 Page 16 senaiare) -_- + >
(uw 54962 Office of the Attorney General Washington, D.C. 20530 Tanuaryv 18, 1973 ORDER NO.501-73 RULES AND REGULATIONS Title 28—JUDICIAL ADMINISTRATION Chapter I—Department of Justice [Order 501-73] PART 16—PRODUCTION OR DISCLO- SURE OF MATERIAL OR INFORMA- TION Subpart B—Production or Disclosure in Response to Subpenas or De- mands. of Courts or Other Authori- ties This order delegates to certain De- partment of Justice officials the author- ity to approve the production or dis- closure of material or information con- tained in Department files, or informa- tion or material acquired by a person while employed by the Department. It applies where a subpena, order or other demand of a court or other authority, such as an administrative agency, is is- sued for the production or disclosure of such information. By virtue of the authority vested in me by 28 U.S.C. 509, 510, and 5 U.S.C. 301, Subpart B of Part 16 of Chapter I of Title 28, Code of Federal Regulations, is revised, and its provisions renumbered, to read as follows: Subpart B--Production or Disclosure in Response to Subpenas or Demands of Courts or Other Authorities Sec. 16.21 Purpose and scope. 16.22 Production or disclosure prohibited unless approved by appropriate De- partment official. 16.23 Procedure in the event of a demand for production or disclosure. 16.24 Final action by the appropriate De- partment official or the Attorney General. -6.25 Procedure where a Department deci- sion concerning a demand is not made prior to the time a response to the demand is required. 6.26 Procedure in the event of an adverse ruling. one THoRTY: 28 U.S.C. 509, 510 and 5 U.S.C. ‘ubpart B—Production or Disclosure in Response to Subpenas or De- mands of Courts or Other Authori- ties $16.21 Purpose and scope. (a) This subpart sets forth the pro- cedures to be followed when a subpena, order, or other demand (hereinafter re- ‘erred to as a “demand”) of a court or BDoolTd: 32989500 Page 17 other authority is issued for the produc- tion or disclosure of (1) any material contained in the files of the Department, (2) any information relating to material contained in the files of the Department, or (3) any information or material acquired by any person while such per- son was an employee of the Department as a part of the performance of his of- ficial duties or because of his official status. (b) For purposes of this subpart, the term “employee of the Department” in- cludes all officers and employees of the United States appointed by, or subject to the supervision, jurisdiction, or control of, the Attorney General of the United States, including U.S. attorneys, U.S. marshals, and members of the staffs of those officials. § 16.22 Production or disclosure prohib- ited unless approved by appropriate Department official. No employee or former employee of the Department of Justice shall, in response to a demand of a court or other au- thority, produce any material contained in the files of the Department or disclose any information relating to material con- tained in the files of the Department, or disclose any information or produce any material acquired as part of the per- formance of his official duties or because of his official status without prior ap- proval of the appropriate Department of- ficial or the Attorney General in accord- ance with § 16.24. § 16.23 Procedure in the event of a de- mand for production or disclosure. (a) Whenever a demand is made upon an employee or former employee of the Department for the production of ma- terial or the disclosure of information described in §16.21(a), he shall im- mediately notify the U.S. attorney for the district where the issuing authority is located. The U.S. attorney shall im- mediately request instructions from the appropriate Department official, as desig- nated in paragraph (b) of this section. (b) The Department officials author- ized to approve production or disclosure under this subpart are: (1) In the event that the case or other matter which gave rise to the demanded material or information is or, if closed, was within the cognizance of a division of the Department, the Assistant At- torney General in charge of that divi- sion. This authority may be redelegated to Deputy Assistant Attorneys General. (2) In instances of demands that are not covered by paragraph (b) (1) of this section:
(i) The Director of the Federal Bu- reau of Investigation, if the demand is one made on an employee or former em- ployee of that Bureau for information or if the demand calls for the production of material from the files of that Bu- reau, and di) The Director of the Bureau of Prisons, if the demand is one made on an employee or former employee of that Bureau for information or if the de- mand calls for the production of ma- terial from the files of that Buréau. (3) In instances of demands that are not covered by paragraph (b) (1) or (2) of this section, the Deputy Attorney General. (c) If oral testimony is sought by the demand, an affidavit, or, if that is not feasible, a statement by the party seek- ing the testimony or his attorney, setting forth a summary of the testimony de- sired, must be furnished for submission by the U.S. attorney to the appropriate Department official. $16.24 Final action by the appropriate Department official or the Attorney General. (a) If the appropriate Department of- ficial, as designated in § 16.23(b), ap- proves a demand for the production of material or disclosure of information, he shall so notify the U.S. attorney and such other persons as circumstances may warrant. (b) If the appropriate Department official, as designated in § 16.23(b), decides not to approve a demand for the production of material or disclosure of information, he shall immediately refer the demand to the Attorney General for decision. Upon such referral, the Attor- ney General shall make the final decision and give notice thereof to the U.S. attor- néy and such other persons as circum- stances may warrant. § 16.25 Procedure where a Department decision concerning a demand is not made prior to the time a response to the demand is required. If response to the demand is required before the instructions from the appro- priate Department official or the Attor- ney General are received, the U.S. attor- ney or other Department attorney des- ignated for the purpose shall appear with the employee or former employee of the Department upon whom the demand has been made, and shall furnish the court or other authority with a copy of the regulations contained in this subpart and inform the court or other authority that the demand has been, or is being, as the case may be, referred for the prompt consideration of the appropriate Department official and shall respect- fully request the court or authority to stay the demand pending receipt of the requested instructions. NW 34962 Docld: 32959500 Page i6 § 16.26 Procedure in the event of an ad- verse ruling. If the court or other authority declines to stay the effect of the demand in re- sponse to a request made in accordance with § 16.25 pending receipt of instruc- tions, or if the court or other authority rules that the demand must be com- plied with irrespective of instructions not to produce the material or disclose the information sought, in accordance with § 16.24, the employee or former em- ployee upon whom the demand has been made shall respectfully decline to comply with the demand. “United States ex rel Touhy v. Ragen,” 340 U.S. 462, Dated: January 11, 1973. Ricwarp G. KLEINDIENST, Attorney General. [FR Doc.78-1071 Filed 1-17-73;8:45 am]
— OFFICE OF THE ATTORNEY GENERAL WASHINGTON, D. C. May 15, 1956 ORDER NO. 116-56 It is the policy of the Department of Justice to extend the fullest possible cooperation to congressional committees requesting information from departmental files, interviews with department employees, testimony of depart- ment personnel, or testimony of Federal prisoners. The following procedures are prescribed in order to effectuate this policy on a basis which will be mutually satisfactory to the congressional committees and to the Department. {This order supersedes the Deputy Attorney General's Memorandum No. 5, dated March 23, 1953, and his Memorandum No. 97, dated August 5, 1954. It formal- izes the Attorney General's press release of Novenber 5, 1953, establishing procedures to permit committees of the Congress and their authorized repre- sentatives to interview and to take sworn testimony from Federal prisoners. It supplements Order No. 3229 (Revised) dated January 13, 1953, and Order No. 3464, Supplement No. 4 (Revised) dated January 13, 1953 (with Memorandum of "Authorization Under Order No. 3464 Supplement No. 4 (Revised)" dated January 13, 1953), insofar as said orders have reference to procedures to be followed in the Department's relations with congressional committees. In support of this order, reference should be had to the President's letter dated May 17, 1954, addressed to the Secretary of Defense, and to the Attorney General's Memorandum which accompanied it. ] A. REQUESTS FOR INFORMATION FROM DEPARTMENT FILES 1. Congressional committee requests for the examination of files or other confidential information should be reduced to writing, signed by the chairman of the committee, and addressed to the Deputy Attorney General, who is responsible for the coordination of our liaison with Congress and congressional committees. The request shall state the specific information sought as well as the specific objective for which it is sought. The Deputy Attorney General will forward the request to the appropriate division where a reply will be prepared and returned for the Deputy Attorney General's signa- ture and dispatch to the chairman of the committee. 2. If the request concerns a closed case, i. e., one in which there is no litigation or administrative action pending or contemplated, the file may be made available for review in the Department, in the presence of the official or employee having custody thereof. The following procedure shall be followed in such cases: a. The reply letter will advise the committee that the file is available for examination and set forth the name, telephone extension number, and room number of the person who will have custody of the file to be reviewed; MW 54962 Doold: 32939500 Page i9
~2- b>. Before making the file available to the committee representative all reports and memoranda from the FBI as well as investigative reports from any other agency, will be removed from the file and not be made available for examination; provided however that if the committee representative states that it is essential that information from the FBI reports and memoranda be made available, he will be advised that the request will be considered by the Department. Thereafter a summary of the contents of the FBI reports and memoranda involved will be prepared which will not disclose investigative tech-. niques, the identity of confidential informants, or other. matters which might jeopardize the investigative operations of the FBI. This summary will -be forwarded by the division to the FBI with a request for advice as to whether the FBI has any objection to examination of such summary by the committee representative. The file will not be physically relinquished from the custody of the Department. If the committee representative desires to’ examine investigative reports from other government agencies, contained in the files of the Department, he will be advised to direct his request to the agency whose reports are concerned. 3. If the request concerns an open case, i. e., one which liti- gation or administrative action is pending or contemplated, the file may not be made available for examination by the committee's representative. The following procedure shall be followed: a. The reply letter should advise the committee that its request concerns a case in which litigation or administrative action is pending or contemplated, and state that the file cannot be made available until the case is completed; and be Should briefly set forth the status of the case in as much detail as is practicable and prudent without jeopardizing the pending contemplated litigation or administrative action. B. REQUESTS FOR INTERVIEWS WITH DEPARTMENTAL PERSONNEL 1. Requests for interviews with departmental personnel regarding any official matters within the Department should be reduced to writing, signed by the chairman of the committee, and addressed to the Deputy Attorney General. When the approval of the Deputy Attorney General is given, the employee is expected to discuss such matters freely and cooperatively with the representative, subject to the limitations prescribed in A respecting open cases and data in investigative reports; NW 34962 Doocld: 32959500 Page 20 »
| ® ® ~3- 2. Upon the ebnpletion of the interview with the committee repre- sentative-the employee will prepare a summary of it for the file, with a copy routed to his division head and a copy routed to the Deputy Attorney General. C. EMPLOYEES TESTIFYING BEFORE CONGRESSIONAL COMMITTEES 1. When an employee is requested to testify before a congressional committee regarding official matters within the Department the Deputy Attorney General shall be promptly informed. When the Deputy Attorney General's approv- al is given the employee is expected to testify freely subject to limitations prescribed in A respecting open cases and data in investigative reports; 2. An employee subpoenaed to testify before a congressional committee on official matters within the Department shall promptly notify the Deputy Attorney General. In general he shall be guided in testifying by Order 3229 (Revised) and the President's letter of May 17, 1954, cited at the beginning of this Order. 3. Upon the completion of his testimony the employee will prepare a memorandum outlining his testimony with a copy routed to his division head and a copy routed to the Deputy Attorney General. D. REQUESTS OF CONGRESSIONAL COMMITTEES FOR THE TESTIMONY OF FEDERAL PRISONERS Because of the custodial hazards involved and the extent to which their public testimony may affect the discipline and well-being of the institu- | tion, it is the policy of the Department not to deliver Federal prisoners out~- : side the penal institution in which they are incarcerated for the purpose of | being interviewed or examined under oath by congressional committees. However, | when it appears that no pending investigation or legal proceeding will be adversely affected thereby and that the public interest will not be otherwise adversely affected, Federal prisoners may be interviewed or examined under oath by congressional committees in the institution in which they are incarcerated under the following procedures, and with the specific advance approval of the Deputy Attorney General. 1. Arrangements for interviewing and taking of sworn testimony | from a Federal prisoner by a committee of the Congress or the authorized representatives of such a committee shall be made in the form of a written request by the chairman of the committee to the Deputy Attorney General. 2. Such written request shall be made at least ten (10) days prior to the requested date for the interview and the taking of testimony and shall be accompanied by written evidence that authorization for the interview or the taking of sworn testimony was approved by vote of the com- mittee. Such request shall contain a statement of the purpose and the sub- jects upon which the prisoner will be interrogated as well as the names of all persons other than the representatives of the Department of Justice who will be presente 3. A member of the interested committee of the Congress shall be present during the entire time of the interrogation. MW 34962 Doocld: 32959500 Page 21
oho 4, The warden of the penal institution in which the Federal prisoner is incarcerated shall, at least forty-eight (48) hours prior to the time at which the interview takes place, advise the Federal prisoner concerned of the proposed interview or taking of sworn testimony; and shall further advise that he 1s under the same, but no greater obligation to answer than any other witness who is not a prisoner. 5. The warden of the penal institution shall have complete authority in conformity with the requirements of security and the mainte- nance of discipline to limit the number of persons who will be present at the interview and taking of testimony. 6. The warden or his authorized representative shall be present at the interview and at the taking of testimony and the Department of Justice shall have the right to have one of its representatives present throughout the interview and taking of testimony. 7 The committee shall arrange to have a stenographic transcript made of the entire proceedings at committee expense and shall furnish a copy of the transcript to the Department of Justice. E. OBSERVERS IN ATTENDANCE AT COMMITTEE HEARINGS In order that the Department may be kept currently advised in matters within its responsibility, and in order that the Deputy Attorney General may properly coordinate the Department's liaison with Congress and its committees, each division that has an observer in attendance at a congrssional hearing, will have the observer prepare a written summary of the proceeding which should be sent to the division head and a copy routed to the Deputy Attorney General. /s/ Herbert Brownell, dr. Attorney General NW 54962 Docld: 329689500 Page 22
MW 54962 Doold: 32939500 Page 23 RG22 WA CODE ® @ TsS6PM NITEL 6-13-75 VLd TO ALL SACS PROM DIRECTOR (62-116464) PERSONAL ATTENTION HOUSTUDY 75. REBUTELS MAY 2, 20, 1975, “SENSTUDY 75." BUFILE 62-116464 AND CODE NAME “HOUSTUDY 75” DESIGNATED FOR ALL MATTERS RELATING TO HOUSE SELECT COMMITTEE TO STubY GOVERNMENTAL OPERATIONS WITH RESPECT TO INTELLIGENCE ACTIVITIES AND BUREAU'S HANDLING OF MATTERS PERTAINING THERETO. USE THIS FILE NUMBER AND CAPTION FOR MATTERS RELATING TQ HOUSE COMMITTEE AS SEPARATE FROM SENSTUDY 75 FOR MATTERS RELATING TO SENATE COMMITTEE. END be LL ld JUN13 1975 FBI - ALEXANDRIA i-_ p nmin sagt datarpie ttt eth natant sche nn rien wen a
ET NR@33 WA CODE 7:90PM NITEL 9/3/75 VLJ ; oe TO ALEXANDRIA ATLANTA JACKSON RICHMOND FROM DIRECTOR (62-116395) SENSTUDY 75. SENATE SELECT COMMITTEE (SSC) HAS REQUESTED IDENTITIES OF ALL SUPERVISORS AND COORDINATORS FOR WHITE HATE COINTELPROS FOR 1964 THROUGH 1971 IN RECIPIENT OFFICES. BY NITEL SEPTEMBER 5, 19753 TO ATTENTION INTD, We O. CREGAR$ FURNISH IDENTITIES OF SUCH PERSONNEL AND DATES OF PERTINENT COINTEL ASSIGNMENTS. IF INDIVIDUAL IS STILL ASSIGNED TO YOUR OFFICE, SO STATE. END FBIAX NXC CLR Ce js7-& | NW 34962 Docld: 32939500 Page 24 Na er pay rere os
SACs CONFERENCE Senate Select Committee (SSC) Staff Interviews-- Privileged Areas In connection with the staff interviews there has been general agreement between the SSC, the Department and the Bureau that there are four main privileged areas and that current and ex~FBI employees need not answer questions which fall into these . areas which are as follows: (I) Information which ifidentifies or may identify FBI - sources. — . (2) Information which may adversely affect ongoing FBI investigations. (3) Information concerning sensitive methods _and techniques. . (4) Information obtained from third agencies, in- cluding foreign intelligence agencies. | 6 }—-17 -f ° . ' SERIAL LEZ SEP4 4975 - FBI - ALEXAND | BW 54962 Doold: 32999500 Page 25
FD-36 (Rev. 5-22-64) ® ® FBI Pate: 9/4/75 Transmit the following in CODE (Type in plaintext or code) 0 TELETYPE NITEL | (Priority) | 6 — TO: DIRECTOR (62-]]6395) Wy yA ATTN: INTD W. O. CREGAR FROM: ALEXANDRIA (62-2]7) SENSTUDY. RE BUREAU TELETYPE TO ALEXANDRIA, SEPTEMBER 3, 1975. ALEXANDRIA OFFICE OPENED IN MAY, 1969. WHITE HATE COINTELPRO SUPERVISED FROM MAY, 1969, TO JUNE, ]970, BY JESSE C. HALL, JR., AND FROM JULY, 1970 THROUGH ]971, BY SAMUEL W. WEST. WHITE HATE COINTELPRO COORDINATOR FROM MAY, 1969 TO SEPTEMBER, 1970, WAS SA ROLAND M. COCKER. COORDINATOR FROM OCTOBER, ]970 THROUGH 197] WAS SA W. WADE HOMSELEY. SUPERVISOR WEST AND SAS COCKER AND HOMESLEY ARE CURRENTLY ASSIGNED TO ALEXANDRIA OFFICE. JESSE C. HALL, JR., HAS RETIRED FROM BUREAU. END. (o-- Alexandria (62-217) (157-61) SWW:1jb (2) Ye Approved: Sent OU MSOC*é@Pler pW Specia} Agent in Charge U.S.Government Printing Office: 1972 — 455-574 NW 54962 Docld: 32989500 Page 26
t e @ 6:25PM NITEL 9/5/75 PMJ NR 638 WA CODE TO ALEXANDRIA BALTIMORE BIRMINGHAM BOSTON CHICAGO CINCINNATI DALLAS EL PASO INDIANAPOLIS JACKSON JACKSONVILLE LOUISVILLE LOS ANGELES MEMPHIS MIAMI NEW YORK OKLAHOMA CITY OMAHA PHILADELPHIA PHOE NIX ST. LOUIS SAN DIEGO SAN FRANCISCO SAVANNAH SEATTLE FROM DIRECTOR (62-116395) por si fikepaeur ron -2717 SENSTUDY 75 REBUTELS MAY 2, 1975, AND SEPTEMBER 4, 1975. SENATE SELECT COMMITTEE (SSC) HAS REQUESTED WHEREABOUTS OF A NUMBER OF FORMER FBI EMPLOYEES INDICATING THEY MAY BE INTERVIEWED BY THE SSC STAFF. LISTED BELOW, BY FIELD OFFICE TERRITORY, ARE THESE FORMER EMPLOYEES AND THEIR LAST KNOWN ADDRESSES AS CONTAINED IN BUREAU FILES.
PAGE TWO INFORMATION FROM SSC INDICATES NAMES OF FORMER SA‘S LITRENTO AND STEYART DEVELOPED AS HAVING BEEN RESPONSIBLE FOR SUPERVISING COMMUNICATIONS BETWEEN THE FBI AND CIA CONCERNING MAIL OPENING ACTIVITIES. ALL OTHERS IN LIST BELOW WERE EITHER SAC, ASAC, OR BOTH, DURING PERIOD 1959 - 1966 IN ONE OR MORE OF THE FOLLOWING OFFICES: BOSTON, DETROIT, LOS ANGELES, MIAMI, NEW YORK, SAN FRANCISCO, SEATTLE, AND WASHINGTON FIELD. HHEY PRESUMABLY ARE ALSO KNOWLEDGEABLE CONCERNING MAIL OPENINGS. EACH OF THESE FORMER EMPLOYEES IS TO BE IMMEDIATELY CONTACTED AND ALERTED THAT HE MIGHT BE APPROACHED BY THE SSC STAFF FOR INTERVIEW. THE FORMER EMPLOYEE MAY, AFTER BEING CONTACTED BY SSC STAFF, CONTACT BUREAU'S LEGAL COUNSEL DIVISION BY COLLECT CALL FOR FULL INFORMATION TO ASSIST HIM INCLUDING OBLIGATIONS AS TO CONFIDENTIALITY OF INFORMATION ACQUIRED AS FBI EMPLOYEE. IT IS EMPHASIZED THAT BUREAU'S OFFER OF ASSISTANCE IS NOT INTENDED TO IMPEDE SSC WORK, BUT IS DONE AS COOPERATIVE GESTURE AND TO SAFEGUARD SENSITIVE BUREAU INFORMATION. Nw 34962 Docld: 32939500 Page 31
TET Ty EP ET Te, eT a TT I PAGE THREE CONTACTS WITH THESE FORMER EMPLOYEES TO BE HANDLED PERSONALLY BY SAC OR ASAC. IN EVENT THIS IS NOT FEASIBLE FOR JUST CAUSE, TO BE HANDLED BY A SENIOR SUPERVISOR. IMMEDIATELY AFTER CONTACT, RESULTS SHOULD BE FURNISHED BUREAU BY NITEL IN ABOVE CAPTION, BRIEFLY INCLUDING REACTION OF FORMER EMPLOYEES CONTACTED. IF A FORMER EMPLOYEE NO LONGER IN YOUR TERRITORY OR TEMPORARILY AWAY, SET OUT LEAD TO OTHER OFFICE IMMEDIATELY WITH COPY TO FBIHQ. ALEXANDRIA? Vy. DONALD STEWART, CRYSTAL HOUSE I, APARTMENT 292, ARLINGTON, VIRGINIA. /JAMES He. GALE, 3307 ROCKY MOUNT ROAD, FAIRFAX, VIRGINIA /THOMAS E BISHOP, 882% STARK ROAD, ANNANDALE, VIRGINIA BALTIMORE: ANTHONY P. LITRENTO, 281% STONYBROOK DRIVE, BOWIE, MARYLAND PAUL O'CONNELL, JRe, 2417 STRATTON DRIVE, POTOMAC, MARYLAND DONALD E. RONEY, 131 CAMBRIDGE DRIVE, WINDSOR HILLS, WILMINGTON, DELAWARE VICTOR TURYN, 2645 TURF VALLEY ROAD, ELLICOTT CITY, MARYLAND DONALD W. MORLEY, BOX 222, NEW MARKET, MARYLAND MW 54962 Docld: 32989500 Page 32 GQ) EET
PAGE FOUR BIRMI NG HAMs JOHN DAVID POPE, JR», 221 REMINGTON ROAD, BIRMINGHAM, ALABAMA BOSTON: LEO Le LAUGHLIN, 9 EVERETT AVENUE, WINCHESTER, MASSACHUSETTS EDWARD Je POWERS, 198 COLONIAL DRIVE, BEDFORD, NEW HAMPSHICE JeF.e DESMOND, 185 FRANKLIN STREET, BOSTON, MASSACHUSETTS CHICAGO s MARLIN W. JOHNSON, CANTEEN CORPORATION, THE MERCHANDISE MART, CHICAGO, ILLINOIS HARVEY G. FOSTER, 1212 SOUTH HAMLIN, PARK RIDGE, ILLINOIS CINCINNATI: PAUL FIELDS, 2677 CYCLORAMA DRIVE, CINCINNATI, OHIO HARRY Je MORGAN, 5314 ELMCREST LANE, CINCINNATI, OHIO DALLAS: PAUL H. STODDARD, 3814 CHATTERTON DRIVE, SAN ANGELO, TEXAS KENNETH E. COMMONS, 2458 DOUGLAS DRIVE, SAN ANGELO, TEXAS EL PASO: KARL WY. DISSLY, POST OFFICE BOX 9762, EL PASO,. TEXAS INDIANAPOLIS: DILLARD W. HOWELL, 6413 CARDINAL LANE, INDIANAPOLIS, INDIANA ALLAN GILLIES , 3228 HOOVER LANE, INDIANAPOLIS, INDIANA JACKSON: WILLIAMS W. BURKE, JR., 1847 AZTEC DRIVE, JACKSON, MISSISSIPPI NW 34962 Doocld: 32989500 Page 33
PAGE FIVE JACKSONVILLE: DONALD K. BROWN, 826 BROOKMONT AVENUE, EAST JACKSONVILLE, FLORIDA WILLIAM M. ALEXANDER, 4857 WATER OAK LANE, JACKSONVILLE, FLORIDA LOUISVILLE: BERNARD C. BROWN, 2301 NEWMARKET DRIVE, NJE., LOUISVILLE, KENTUCKY LOS ANGELES: WILLIAM G. SIMON, 2975 LOMBARDY ROAD, SAN MARINO, CALIFORNIA WESLEY G. GRAPP, 4249 BON HOMME ROAD, WOODLAND HILLS, CALIFORNIA ARNOLD C. LARSON, 4232 ABBINGTON COURT, WESTLAKE VILLAGE, CALIFORNIA L~ JOSEPH Ke PONDER, 3719 CARRIAGE HOUSE COURT, ALEXANDRIA, VIRGINIA. BUSINESS ADDRESS: 3039 SOUTH RED HILL AVENUE, SANTA ANA, CALIFORNIA MEMPHIS : E. HUGO WINTERROWD, 1559 NORTH PARKWAY, MEMPHIS, TENNESSEE MIAMI: THOMAS MC ANDREWS, 324 NEAPOLITAN WAY, NAPLES, FLORIDA FREDERICK F. FOX, 11459 W. BISCAYNE CANAL ROAD, MIAMI, FLORIDA NW 34962 Doold: 329389500 Page 34
NW 54962 Docid: 32989500 Page 35 PAGE SIX NEw YOR Ks JOSEPH L. SCHMIT, 656 HUNT LANE, MANHASSET, NEw YORK HENRY A. FITZGIBBON, 76 EASTON ROAD, BRONXVILLE, NEW YORK OKLAHOMA CITY: JAMES T. MORELAND, 198 FERN DRIVE, POTEAU, OKLAHOMA LEE O. TEAGUE, 2591 N.W. 121ST STREET, OKLAHOMA CITY, OKLAHOMA MAHA 3 JOHN Fe. CALLAGHAN, IOWA LAW ENFORCEMENT ACADEMY, CAMP DODGE, POST OFFICE BOX 138, JOHNSTON, IOWA PHILADELPHIAs RICHARD Je BAKER, 219 JEFFREY LANE, NEWTON SQUARE, PENNSYLVANIA JOHN F. MALONE, 25 GARFIELD AVENUE, CARBONDALE, PENNSYLVANIA PHOENIX PALMER M. BAKEN, JR., 3832 EAST YUCCA STREET, PHOENIX, ARIZONA ST. LOUIS: THOMAS J. GEARTY, 6634 CLAYTON ROAD NR. 125, RICHMOND HEIGHTS, MISSOURI WESLEY T. WHALEY, 286 GREEN TRAILS DRIVE, CHESTERFIELD, MISSOURI