Agency: FBI
Originator: DOJ
From: RUCKELSHAUS
To: EOUSA
Document date: 10/26/1970
Document type: PAPER, TEXTUAL DOCUMENT

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Released under the John F. Kennedy Assassination Records Collection Act of 1992 (44 USC 2107 Hote) .

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JFK Assassination System

Date:

4/14/201

Identification Form

Agency Information

AGENCY:

FBI

RECORD NUMBER :

124-10325-10077

RECORD SERIES: HQ

AGENCY FILE NUMBER: 197-636-7

Document Information

ORIGINATOR: DOJ

FROM: [Restricted]

TO : EOUSA

TITLE:

DATE: 10/26/1970

'PAGES:

16

SUBJECTS :

HAROLD WEISBERG

DOCUMENT TYPE: PAPER, TEXTUAL DOCUMENT

CLASSIFICATION: Unclassified

RESTRICTIONS : Consulted

CURRENT STATUS : Withhold

DATE OF LAST REVIEW: 06/11/1998

OPENING CRITERIA: APPROVAL OF DOJ

COMMENTS :

REFERRED TO DOJ, INC LTR, SUMMONS, EXHIBIT

v9.1

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поом

ssassination

ohn 7.1

Kenne

-DEF 27 1970

Undred States Attorney

District of Colunbia

XEROXED ORICNABBEN 26, 1970

Mys Tolpa

Willian D. Ruckelshaus

Assistant Attorney General, Civil Divialon

By:

Harland. IT. Leathers

Chief, Goncral Iiiigation Section

Harola

Tieisberg

M department of rustice

2301-70

145-32-1449

Mo. Mohr

Mishits

Mr. BrennanCD.

Mr. Callahan

Mr. Casper:

Ware conned

Me. Eat.

Gale..

Mr.

Rogers

Attention:

Mr.

• Achert Herdig

Mr. Tavel

Mr. Walters

Asst.

U.S.

2208N

Mr." rang.

Tele. Hoom.

Thank you for sending us copien of Answer of Plaintire tol

Miss Mulies

of these proceedings in cur septenber 3, 1910, septendes 403

and October 9, 1979 menoranda.

As our October 9, 1979 menonenour

condime, please file the siridavit exceuted by sapecial meet

Willans shoring that the file peraining to the ussassination&

President Komedy plaintidf donands vas comiled as part or ou

TeI. inestigation.

Congressional reports pertaining to 5ve.y

552 indieste that Congress intended to protect 421 euch files

by enactment a exerpuion "- S. Rep. No. 819, Ugto Conge, 200

Dobs., p. 3; Mousc Report No. 1497, 491h Conga, 2nd esse= D.

Wesla Xo Sheraton Corp. of Anerica, 50 F.R.D. 130. (DoG. 1970) '1/

/Welaloe suggest that you file a supplementary statement of

material focbs pursuant to Local Rule 9(h) Incorporating the facts

staled in the artidavit

•Please continue to send us copies of all popera filed and

Leon us inferned of all raelopuents.

224

Sir. 2. Nagar Hoover

Director, federal Puren of restigatson 197 - le 36- 1

(w/opy of Answer of Plaintift)

627090606967

mit's currestion dist the FBi could not pronerly inves

tinate the cocossination of the Escsident of the Unitod States 1d

utterly frivolous and

ouphd to.be rajected.out of band:

eventy the bond for conlicetion of exombion 7 is wether or not

the tilo dope compiled for lur endorcerent purposes" rather thas

abual us, déficinly, investigations may properly alose with the

conclusion no crine has beon" committedo.

12 NOV

ENCLOSURE

NOV TS 1970

420:0-U029

XEROXED ORÍGINAL- RETAINE

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Hond 3940

UNITED SENTES DISTRICT COURT

FOR DUE DISTRICE GE COLUMBIA

BAROLD WAISBERG,

Plaintife,

Civil Action

No: 2301-70

U.S. DEPARIMENT OF JUSTICE,

Dafondant

ANSWER OF PLAINTIVE TO DEEDIDANIIS

MOTION TO DISMISS OR, IN ERE ALTER-

LAZEVS, FOR CUMSORY JUDONENE

plaintifi denies that there are no iscues of naterial

fact and that there is no clain upon which relief can be granted.

147

KEPRTNONT OF HUSHY

I.

17

QUESTIONS OF RACE AND MINES

QUESTIONS DE FACE AND LAW

OCT 28•1970

R. A. 0.

CITIE DIF

In its "preliminasy Statenentr on pagao 2510482o-

randun of points and Authoritles," dofendant states that plaintiis

"has roquested permission to inspoot cortain apectographic analyses

of bulleto and bullet fraginents recovered fron the suene of tho

assassination of President John I. Kennedy in Dallas,

Texas on

Novembor 23, 1963."

Bulleta ina bullet primants nay have boon rocovere

in Dozlay Plesa, tie "scona" of the assasoination, on NOvanber 23

1963.

Lovevor, dê so, pinintita is unaware of them; a dragment os

Exarente vera "zccovered" fron a ploto of curbing in Dealey Plaini

nue 1: ls plaintésd'o bolint that thie vac as lato as July, 1954.

62109560-676

Fago 2

197-6 36-7

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The bullets and bullet fragnents, apectographic analyses

of which are sought by plaintift, wore

"IacoVored" pIladILly on

November 22nd, tho date of tho assassination, but sone were reco-

vered on Novomber 232d and at later times. Mney wore "recovered '

generally not at the "seone" but at dallas" Parkland Hospital,

Bothesda Naval Hospital in Maryland, and at other places, including

Hashington, D.C.

Mose important, defendant states as a matter of fact

(sea page ond of his staténent of Material Fact) that the records

sought "are part of an 'investigatory file compiled.for law en-

forcement purposes.!" It is plaintiff's contontion that this is

Incorrect and that the recorde in fact were not compiled lor any

law enforcement purpose but exclunively as part of an investiga-

tion requested by Prosident Lyndon B. Johnson on Hoverbar 24, 1963g

Executive Ordor 11130:

and S. J. Res. 137, Sath. Congress...

none

of which involved "law entorconcat."

me renainder os this ansver sill desi with thie latter

question wich appears to be a mixed question of fact and law.

INEL ENFOR

On page to of 1is Menorandum of Points and Authorities,

defendant proparly cites cremption (b) (7) correctly as "investi-

gatory files compilcd for law enforcamont purposos except to tha

extent avallahle by law to a party other than an agency." Plain

t15s then adds, "The thruct of the esenption lo to protect from

disclosure all files which the joverment compiles in the course

of law enforcenent investigations which may or may not lead to

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formal proacudings." (underscoring addad.) .

the thrunt may or

may not bo in socordance with the undorscored clause, but it is

clont that there are, two explicit linitations on tho exerption for

"investigatory filos",

I)

they are exempt only. 1l compilod for law enforcement

purposes, and

2) they aro crempt only ii thoy vould not bo available

by law to a private party.

As to whether thoro was a "law enforcchent purposa" in

conpilation of the sought spectographic analyses, no boctor vitness

can be found than FBI Director J. Sojar Hoover. In testimony befoze

the warren conmiscion on say l4r J96l, the following colloguy cook

place between Mr, Hoover and Mir. J. Lee Rankin, Goneral Counsel to

the comaission:

• M2. Raniin. You have provided tony things to is

in assistint the commission in connecion with this

Investigation and I ansune, at least in a genocut way,

you are faniliar with the investlgation of the assassi.

nation of presidint kennedy, is that corcect:

Mi. ICOVaI.

whon President Johnson

returned to mashingion ho communicated with no wichi

the first 24 hours, and anted tha butoaulo: pick up

the investigation of the assascination becauss as you

are avare, thore is no sederal juridiction for cuci

an invastigation.

It io not a foderal crino to kill

attack the President or the Vico Presidont or any

of the continuity of ofticero who vould succeed to

the Preaidency.

Horever, the President has a right to request the

Bureau to nake opacial investigations, and in this

inotance he acked that this investigation be noc. i

irmediately assigned a spocial force hoaded by this

special agent in chargo at pallas, texas, to initiato

tho investigation, and to goi all dotails and factu

concerning it, which we cotained, and thon prepared a

report which we

submittod to the Attornoy Genoral

for tananiasion to the Frasident.

[learings befora the Warron Connission, Vol. 5. p. 93.

Underscoring aúded.]

according to the Bl'a Director, thore wae no law

and, henca, there could be no "law enforcenont purposo." Ir fact,

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according to lit. Hoovet, when the Investigacion was undartaken,

thore was no ecceral Jurisdiotion for it at all, except a request

by the prosident.

Lest the argument be made that perhaps the missing law

was a law of the state of lesas, it should be noted that the spoo

tographic analycos vore not given to either the texas or Dallas

authorities:

In briot, tho spactographic analyses vero made as part di

an investigation requested by the Prosident and by the FBI an the

investigativo arn of the Warren Connicoion, Backing up the laci:

of any "law enforcement purpose" is the following quote fron the

forevora to the Conniasion's Report (at p. XIV):

" The cominsion has functioned neither as a court

presiding over

an adversary proccoding nor as a

prosecutor determined to prove a case, but as a

Saci: lindiny agoncy comitted to the ascertainment

of the truch."

This contention is furchor strengthoned by the Conniscida's

Tenth Recommendation:

• the Conniacion recommonds to Congress that it acopt

Legislation which would nake the assassination of the

Presidont and Vice precident a Fedoral crime.

A atato

of affairs where u.s. authorities have not clearly

cofined jurisdiction to investigate the assassination.

of a president is anonalous. [Page 26 of the Reportl

"Law enforcement purposes" requires a law of soma kind.

Therefore, the burden is on the dafendant, If he vishes to avail

himself of exenption (p) (7), to stato specifically (with citation,

tha lay or laus in pursuance of which the spactographic analyses

ware made.

to far, he has not met that burden.

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Hota

III.

JPLICKS

the cocond qurlification in (b) (7) Is that "investigatory

files" cannot bo withhold fron the public if they sould be "avail.

able by law to a party other than sa agency."

Plaintift is not an "agency" nud 14 1s his contention

that under Jencks the spectoyraphic analysas would certainly have

been avallable to Ice larvey Oswala. Honce, they cannot be with

hold fron plaincite.

As the Warren Connission said in its prefaces *If Oswald

had Iived ho could have had a trial by American standards of jus

tico spore he vould have been nole to esercise his full rigits

unidor tha law."

Isoletnaava unstony or muados

On INPORIAZION ACE (5 U.S.C. 522)

Emphasis is placod in defencant'd tenorandom of points

and Authoritice to the leginlative history of exemption (s) (7);

ospecially in the House of Ropresentatives.

Quoted herewith is tho

sun total of explanation given in the Ecuse Ropert on this exenp

cion (Report Ho, 1497, House of Representatives, 99th Congress,

2nd Session, at p.l1):

7. Investigatory files compiled for law enfoscement

purposes excopt to the extont availabla by law to a

private partyl this exonption covers investigatory

files relatod to enforcement of all linds of Lass,

labor and accurities. laws as nell as crininal laws.

This would include files propared in connection

vith related coverment litigation and rejudicative

procesdings. 5, 1100 1s not intended to give a

private party indiractly ony carlier or greater acceso

to invostigatory filos than he would have sircotly in

such litigation or procoedingo."

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Thero is also considerablo reforence in the defendant's Memoran-

aws to debate on the floor of the louse, The quotations are in-.

comploto, out of contert, and genorally irrelevant in vie of the

text of Eriemption (b) (7). Tha debate la not-very holpful in as-

cortaining legislative intent.: It is truo that sone menbers elchar

preferied to anit (b) (7) in Lis entirety or to amond it in part.

Howevor, they did not prevall, (p) (7) stayca in, as reportoa by

the Connitice and it stayed in in 1is presens text.

The exemptiss

are carefully drawn in specific torns, and thera la no loose ener

tion for "consitiva" govermont infornation as such, 'as hinted by;

defendant.

In this regard, Fol files aro like those of any other

agency. Whether i particular iBI file la clempt fron disclosure

depends on whether it falla within one of tho nine apacific exemp-

tions, not whother it is "sonnitive."

Parenthetically, what could

ve riensitivo" about speccographic analyses' of bullets and bullet

Fragneuts nado in a fact finding Invoctigation in 1363?

Spectographic analyses, like other scientific pieces of

evidenco, are not sonsitive and should never be withhold.

upectographle analyses can be withhold fion a defendant 11 a

crininal caso, other

scientifie evidence, such as autopsies ana

fingerprints, could also bo withhold. mis would lead to absurd

and patently unfair results.

V.

CASS FAU

The prinary allusion in defendant's quotation from

Darenloneta chaa Cose. P. Conoton (271 E. Supp, 591) is to the

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rolloving sentenca fron hitornay Caneral Clark'a Memorandua of

Jane, 1907a

"In adastion, the louce report mates it clear

that litigants are not to obtain special benesits

fron this provision, stating that s.1160 is not

Intended to give a privato party indirectly any

earlies or greater access to invostigatory files

than ho would have direcily in such litigation or

proceeding." (ll Report 11)"

In the sense that the Attornsy Conoral was spoating, tha "litigant"

vould be lee harvay Covald.

The plaintist in the present cece

wanta no "earlict or greater access" than would have baen granted

to osvald, had he lived to be tried; convorsely, he vants exactly

the came right of access as Osvald. And under Jenchs, Oswald would

have been entitled to the spectographic analyses.

On pago 3 of its Honorandua of points and Authosities.

dafendant quotes at sond length fron Clement Brothers: Yo 103,

232 F. Supp. 540. Unfortunately, dofendant onicted what is probably

tha most important paraguaph in the decision, the one immediately

procoding the threa quoted:

the Court must agree that the determination of the

Court in Lazcelonata is sound, though not controlling

on this cout.

In addition to the comnon sonce naces-

sily of protacting the investiagory function and pro-

cedures of the boata, the legiolative history of the

Aot itsels mains it clear that the exenption in question

is not limited sololy to criminal law enforcamant but

rather applien to law enforcarent activitior of all.

natures."

conceding anguende that this 1s true, both Barcelonata and Clenon:

are irrelevant in the present case vera thore is no law enforce-

ment, criminal or otherwise.

Fusther, thera is no "comon sense

necassity" in protecting scientific tests such as spectographic

analysos, as compared to protecting vitness statonents before the

NIRE,

Pusslingly, Cofondant goos ons "In the instant caso, sinde

tho accorda plaintire books havenot boon sade port of any reccid

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In any agency proceeding ha nay not obinin then absent such use. "

Is they had boen "part of any rocord in any agency proceeding"

thoy would autonatically be availablo. Miso, the analyses vare put

to intense use by Warren Commission, as caplained bolor. they wery

a koy to the Commission'e banie conclucion of a "single, lone

aspassin. *

The Last case cited by the defendant is Black v. Sherator

COxe. 50 E.R.D, 130-133 (DD.C. 1970);. Agali, the quoted passager

are tidsleading. In the first place, the case concerns the breadt?

of Rule 26 of the Federal kules of Civil procedure, and touches o

5 U.S.C. 552 only in passing. Second, when Commenting on 5 U.s.C

552, tho couri repeais the language of the Congressional exemption,

1.0., "invostigatosy files compiled sor law enforcenent purposes

crcept to the entent available by low to a party other than the

agency." Third, the follaving telling pacagraph in the court's

opinion wai not quoted

*- As bachground for the present notion..

the court

notos that tha valted Statos has previously made

avallable to the nlaintiff copies of all documents

in the rot filos wich contain infomntion fcos

the surveillance, Thesé include: (1) all logs of

the suveillance, wich aro the actual handrritten

notes of the agents who monitored the bugging

devicor (2) all sumary airtols prepared from the

logs, which ars exponritten sumarios of the infor-

mation in the logs: (3) copies of all portions of

roports which contain intomation obtained fron the

surveillance; and (4) two nonoranda fron the

Director of the faI. to the Mitorney Goneral advising

the latter of the information which bad boen obtaixed

from the surveillance.*

Thus, there 13 cortainly no sanctity envoloping a11 FoI files as

inplied by defendant, In fact, to the artent that black is rele-

vant to the present case al all, li vould appear to weigh heavily

In favor of plaintift, What was being hald back by the coust in

Black were cartain additional transcil ed conversationg fron an

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1llogal wiretap, ravelation or these could harm innocont persons,

divulge the Identity of informants, exposo loade in other crimino

cacos, enarass the fBI, etco, none of those hass could cone

through making available the spectographic analyses in the instans

case.

In summary, nono of the cases cited by defondant is

directly in point, and to the extent that they are relevant, not

¿ single ono passes upon tha quection of the withholding of recores

of tho nature sought in this case.

VI.

CORCLUSION

In signing the Fraedon of Information Act (PL 89-137)

Into lav on July 4, 1960, president johnson cald, *I have always.

believed that treedon of intornation is so

vital thac only nation.

security, not tha desiro of publio officials on privato citizens.

should doteming when it must ba restrioted." [The Presl&ential

statement in toto is reproduced as Exhibit i hereto.]

In Ising a Guidance Memorandun on the FOI Act La Juno,

1967, Attorney Ceneral Clarl: stated,

..indo lay was initiatod by Congress and signed

by the presidont vith several key concerns:

•.chat disclosure be the genoral rule, not

the excaption;

= that all indivicuals have cmual righis of

access

that the burden be on tha Coveinmant to

justisy the withholding ofaa document,

not on the person who requests it?

- that individuals impropocly denied acceas

to cosuants have a right io seak in

junctive relich in the coucts

¿ that there be a change in Coverment policy

and attitude.

[A11 of Attorney Concral. Clari's Focord is

repioduced as Exhisit II bereto.1

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provocative lioto 1n the

Lan Revion (vol. 80,

1967, p.. 914) suggests that "it seans that such investigatory filea

could bo nade avallable alter tha enforcement activity in quastion

has been compidted." Doubly no where thero is no "enforcement

activity" but only "tact flnding."

"In the conclusion to its Memorandu of points and Autho

rities, descudant cays that "Congress particularly drafted Into

the Public Information Ace a prohibition against the release to

the publie of the type of document plaintire seeks in the Inatant

i action,

• Jet.

thera is no prohibition, as evidenced in the follow+

Ing quotation fIon a lotter of lay 7, 19%0 to plaintist's attorney

In rospect to another Freedon or Infomation suit in this Court

(718-70) =

inothor or not the documonts you seck are tech-

nically exempt under one or more of the provisions

of .552(a),I have dctermined that you shall be

granted accoss to them.

the exentiong do not

roquire that records falling within con bo with

hold; they nerely auchorize tho withholding os

such records, by excupting them fron the Act'o

othernise applicable conpulsory disclosure roguire-

Ments.

[ne full text of this letter is printed on Exhibit

III hereto. 1

.:

when ona looks at the history and spirit of 5 U.S.C. 552

ona wonders what i the real roason for withholding In the Instant

C230.

There is no question of divulging the identities of infor

mants.

there to no question of aivulging sexot investigative

DIOCesseS.

shere de no question

0% onbaracament to private persoms.

If the epectographic analyses in fact prove that tha

jovarment wiinesses before the warron comiscion Imply theyco,

1.o., a "common source! for all bullots and bullet Exagments, there

would appear to be no valid reason why the goverment should wielt

hold thou.... evon as a natter of policy. If, on the other hand,

thoy do not prove what the witnesses imply, there 1s an inporasive

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reason to wish to withhold them, 1.e., the whole Mazzon CommisalO

Report and ita conclusion cone tunling down.

Plaintits does rot aols, hovovcr, that these recordsibo

made available to him as a matter of policy or graco.

It is plai

tiff's contontion that ho is entitled to accoss to them under

5.U.S.C. 552 as a matter of law.

therefore, the Court is asked to over-Iule defendante

notions to dismiss and for summary juagment and to set the case

down for trial near the head of the docket, as provided in

5. U.S.C. 552 (a) (3)s:

Discopt as to causes the court considers of

greater importance, prossodings before tho

District Couct,

AS

authorined hy this peragraph,

take precedence on the docket over all othert.....

causes and thall be assigned for hearing and trial

at the carliest practicable date and expedited in

every way.

Platotter sonows his reques that tin" court enjoin the

defendant iron further withhoiding of the recorda sought.

Respectfully submitted,

PENNIED POISTERNED.

DR

927 15ch St., M.l.

washington, D.C. 30005

tel: 527-4580

"Attomoy for plaints

CERTTFICHAL CE SERVICE

i barcby certily that servico of this Answar has been

maão upon Thouds A. Plannary, Joseph M. Hannon, and Robert 1i.

lordig, ti., U.S. Courthouse, washington, D.C., on this 16 '

day of October, 1910.

PERLAND TENORENADO, ON.

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EXHIBIT II

FOREWORD.

If government is to be truly of, by, and for the people, the people

must know in detail the activities of government. Nothing so dimin

ishes democracy as secrecy. Self-government, the muximum participa-

tion of the citizenry in aflairs of state, is meaningful only with an in-

formed public. How can se govern ourselves if we know not how we

govern? Never was it more important than in our times of mass

society, when govermnent affects each individual in so many ways,

that the right of the people to know the actions of their govermment

be secure.

Beginning July 1, a most appropriate day; every executive agency,

by direction of the Congress, shall meet in spirit as well as practice

the obligations of the Public Inforination Act of 1966. President John-

son has instructed every official of the esecutive branch to cooperate

fully in achieving the public's right to know.

Public Law 89-187 is the product of prolonged deliberation. It re-

fleets the balancing of competing principles within our democratic

order. It is not a mere recodification of existing practices in records.

manngement and in providing individual access to Government docu-

ments. Nor is it a mere statement of objectives or an expression of

intent.

Rather this statute imposes on the erecutive branch an affirmative

obligation to adopt new standards and practices for publication and

availability: of information." It leaves no doubt. that disclosure is a

transcendent goal, yielding only to such compelling considerations as

those provided for in the esemptions of the act.

This memorindum is intended to assist every agency to fulfill this

obligation, and to develop common and constructive methods of im-

plementation.

No review of an area as diverse and intricate as this one can antici-

pate all possible points of strain or dificulty. This is particularly true

when vital and deeply held commitments in our democratic system,

such as privey and the right to know, inevitably impinge one against

nnother.

Law is not wholly self-explanatory or self-executing. Its

efficacy is heavily

dependent on the sound judgment and faithful

execution of those who direct and administer our agencies of

Government.

It is the President's conviction, shared by those who participated

in its formulation and passage, that this act is not an unreasonable

encumbrance. If intelligent and purposeful action is taken, it can

serve the highest ideals of a free society as well as the goals of a

well-administered government.

This law was initiated by Congress and signed by the President with

several key concerns:

-that disclosure bo the general rule, not the exception;

-tee 2u1+9' C1m 811:94.977

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IV.

REWORD

-that all individ

¡ hare equal rights of access;

—that the burden be on the Government to justify the withholding

of a document, not on the person who requests it;

-that individuals improperly denied access to documents have n

right to seck injunctive relief in the courts;

that there be a change in Government policy and attitude.:

It is important therefore that each agency of Government lse this

opportunity for critical self-analysis and close review. Indeed this lan

can have positivo and beneficial infuence on administration itself-in

better records management; in seeking the adoption of better methods

of search, retrieval, and copying; and in making sure that documentary

classification is not stretched beyond the limits of demonstrable need.

At the same time, this law gives assurance to the individun! citizen

that his private rights will not be violated. The individual deals with

the Government in a number of protected relationships which could

be destroyed if the right to know were not modulated by principles of

confidentiality and privacy. Such materials as tas reports, medical

and personnel files, and trade secrets must remain outside the zone of

accessibility.

This memorandum represents a conscientious effort to correlate the

test of the act with its relerant legislative history. Some of the statu-

tory provisions allow room for more than one interpretation, and de-

finitive answers may have to arrait court rulings. Homever, the

Departinent of Justice believes this memorandum provides a sound

working basis for all agencies and is thorougbly consonant with the in

tent of Congress. Each agency, of course, must determine for itself the

applicability of the general principles expressed in this memorandum

to the particular records in its custody.

This law can demonstrate anew the ability of our branches of Gor-

ernment, working together, to vitalize the basic principles of our de-

mocracy. It is a balanced approach to one of those principles. As the

President stressed in signing the law:

"* * * a democracy works best when the people have all the

information that the security of the Nation permits. No one should

be able to pull curtains of secrecy around decisions which can be

rovealed without injury to the public interest

I sigried

this measure with a deep sense of pride that the United States is

an open society in which the people's right to know is cherished

This memorandum is offered in the hope that it will assist the agen-

cies in developing a uniform and constructive implementation of Public

Law S0-187 in line with its spirit and purpose and the President's

instructions.

RADISEY CLARK,

Attorney General,

June 1967.

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EXHIBIT IN

Difire of the Attorny Grieral

illa shing/an, h. C

MAY 6

1970

Mr. Bernard Fensterwald, Jr.

Fensterwald,

Bevan and Ohlhausen

Attorneys At Law

927 Fifteenth Street, N. W.

Washington, D. C. 20.005

Dear Mr. Fensterwald:

This is in response to your letter of February 2, 1970,

requesting my review of the denial by the Deputy Attorney

General of your request under the Freedom of Information Act,

5 U.S.C. § 552, for access to official records of the Depart-

ment of Justice.

Although you requested access to several

items which the Deputy declined to make available, you have

appealed only his denial of the request for "[ajli documents

filed by the United States with the Court in England in June-

July, 1968, in the extradition proceeding by which James Earl

the convicted killer of Dr. Martin Luther King, was re-

turned to this country."

Whether or not the documents you seek are technically

exempt under one or more of the provisions of § 552(b), I

have determined that you shall be granted access to them.

The exemptions do not require that records falling within

them be withheld; they merely authorize the withholding of

such records by exempting them from the Act's otherwise ap-

plicable compulsory disclosure requirements.

Sincerely,

62-109960-4167

anxious 197-636-17

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STATEMENT BY PRESIDENT JOHNSON

UPON SIGNING PUBLIC LAW

89-187 ON. JULY 4, 1966

Tho measure I sign today, S. 1160, revises soction 3 of the Admini-

istrative Procedure

Act to provide gurdelines for the public avail-

ability of the records of Federal departments and arencies.

This legislation springs from one of our most essential preciples:

& democracy works best when the people have all the information that

the socurity of the Nation pornits. No one should be able to pull cur-

tains of secrecy around decisions which can be revealed without injury

to the public interest.

At the same time, the welfare of the Nation or the rights of indi-

viduals may require that some documents not be made available. As

• Jong as threats to peace exist, for example, there mist be military

secrets. A citizen must be able in confidence to complain to his Govern-

ment and to provide information, just as he is--and should be free

to confide in the press without fear of reprisal of of being required to

reveal or discuss his sources.

Fairness to individunks also requires that information accumulated

in personnel fles be protected from disclosure. Officials within Gorern-

ment must bo able to communicate with one another fully and frankly

without publicity. They cannot operate effectively if required to dis-

close infonnation prematurely or to make public investigative files

and interal instructions that guide them in arriving at their decisions

& know that the sponsors of this bill recognize these important in-

terests and intend to provido for both tho need of the public for access

our Constitution to provide for confidentiality when the national in-

terest so requires. Thore are some who havo expressed concern that the

language of this bill will be construed in such a way as to impair

Government operations. I do not share this concern.

I havo always beliered that froedom of information is so vital that

only the national security, not the desire of public oficials or private

citizens, should determine when it must be restriered.

I am hopeful that the neels I have mentioned can be seried by a

constructive approach to the wording and spirit and legislative history

of this mensure. I am instructing every official in this administration

to cooperate to this end and to make information available to the

full extent consistent with individnal privacy and with the mational

interest.

I signed this measure with a deep senso of

pride that the Unite

States

is an

open

society in which the people's right to know i

cherished and guarded

62-109060-4167

197-634-7

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