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55279

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TOP REgRET

Lam

Joseph Kraft

0037195P2 BraI

342-679

July 1, 1969

DU NOT FILE

Mr. Tolson.

Mr. DeLoach

Mr. Mohr _

Mr. Bishop

Mr. Casper

Mr. Callahan -

Mr. Conrad

Mr. Feit

Mr. Gale

Mr. Rosen -

Mr. Sullivan

Mr. Tavel

Mr. Trotter

Tele. Room

Miss Holines

JUNE

Dear Mr. Hoover:

In regard to the columnist we discussed this

morning, I have learned that his

wife and daughter are

presently en route to Paris.

All three will be leaving

Paris on Monday, July 7, 1959, for a three-week vacation

touring Italy. Following this, he intends to go on io

Bucharest and to Moscow. It is assumed that the Bucharest,

Romania, visit will be in connection with President Nixon's

presence there. He intends to return to the United States

August 10, 1969, by way of Paris.

As of the moment, efforts are being made to get

the installation in. If the switchboard at the hotel

makes a

technical surveillance impossible, an effort will

be made to place a microphone in his room.

-...

ESSE

Respectfully submitted,

Lemm

NATIONAL SECURITY INFORMATION

Unauthorized Disclosure

Subject to Criminal Sanctions

65-7562.9-44

6575125: 334

NOT RECORDED

JUN 1 3 1973

1 JUN 1319731

WH 55279 DocId:32989671 Page 2

TOR ESTEE

........-.

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## Page 3

CLASSIFIE!

DECLASS

Se 2.1

ON: 25X

DICLASSIFIED BY SPIZ BIALIE

3-17-95

057342-679

Ded in An

July 2, 1969

Re:

CATO

JUNE

Enclosed is an article appearing in the "Inter-

July 1, 1969.

DST files reflect an individual by this name, but

date of birth September 4, 1924, in New Jersey, visited Paris

in 1950

as a student.

He resided at 1 Place de 1 'Estrapade,

Paris 15. (S(v)

An individual with the same name, probably identical

..with subject, visited Paris May 3-5, 1965, and March 14-17;

19bb.. On both occasions he stayed at the

Plaza Athenee Hotel.

Also on both occasions he was in contact with a representative

of the North Vietnamese Commercial Mission in PariS.

At that

time, that was the only North Vietnamese. Mission in Paris and

it handled all types of contacts (not only. commercial).

It

has since been raised to the status of a General Delegation.

At that time, subject gave his.

New York City, New York. (SCÜaddress as 1148 Fifth Avenue,

In 1958, this individual requested accreditation. for

"Time" magazine and gave Paris residence as

1 Boulevard Henry

IV, Paris, c/o M. Driri. (slu)

"SENSITIVE FOREION INTELLIGENCE SOURCE

The next trace found by the DST was a registration

•at the Hotel Intercontinental, 3 rue de Castiglione, Paris,

June 21-23, 1969.

He presently has no residence permit in

France and is not accredited here as a correspondent in

residence. E(v)

He registered at the Hotel George V, Paris, on June

29, 1969, Ior about one week.

Here he gives his occupation

as

a journalist and date of birth as January 15, 1927:48(4)

Discreet inquiry of the office of the Press Attache,

American Embassy, Paris, under suitable pretext, disclosed that

subject is not permanently assigned or domiciled here and only

visits here occasionally.

When here, he can be contacted

through the Washington Post Paris Office, 21 rue de Berrl,

Paris, telephone 265-3405.

(v)

65-75629-5

Enclosure - 1

I ENCIOSURES

NOT RECORDED

JUN 1 3 1973

Fil-5-755

6/13/73

ALL INTOREATION CONTAIXE

HERATIC CO

DESSETTE

THE SHOWN

This document is prepared in response to

your request and is not for dissemi

nation outside your Committee.

Its use i?

limited

offinia!

proceedings oy

vare committee ant the content man nut kit

disclosed

unauthorized person

nel without the express

approval of

DocId: 32989671 Page 3

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## Page 4

•The

Visit to Bucharest

July 1, 1969

By Joseph Kraft.

PARIS-President Nixon's forth-

In the Near East, the Nixon ad-

is unsure of itself, Washington has

coming visit to Roninnia repre-

ministration has plajed paisy for • been approaching these

sents & break from the administra-

the Russians even more coregiously.

talks

tion's central policy of swectening

Soviet

chestnuts

are in

the

fire

though they would provide the big-

gest diplomatic deal of all time,

up the Russians for a super-duper

there because of the humiliation of

the capstone to détente-'a quali-

i diplomatic big dcal.

And because

Moscow's Arab proteges

by Isracl,

tative change in relations between

the visit to a Communist dissident

and the closing of Russia's gateway

Russia

and

departs from the Moscow First po-

to Arabia

and

the

United

States,"

East Africa-the

as one very high American official

(licy, it looks like big-longue stuff.

Sucz Canal.

has phrased it.

But the Bucharest stopover can

But Washington has been

Given

that single-minded focus

• be truly important only if Wash-

ning after the Russians in Big Two

ington follows up

with a

more

and Big Four sessions on the Near

on doing & deal with Russia, the

president's forthcoming

forthcoming attitude tossard other

East as though American interests

visit

to

Romania is a mere tactical baga-

Communist

China

dissidents-notably in

in the area were in jeopardy. Why?

telle, & slight deviation from the

and in

North and

South

Not because there is a chance of

path in

order to put more

Vietnam.

And

the probability

is

settling the conflict between Israel

main

pressure on Moscol.

• that instead of following up. Mr.

and the Arabs. as the latest word

Inportant,

the

To be truly

Bucharest

visit

Nixon will content himself with a

irom Cairo makes abundantly clear,

would

have to

yield a

change of

showy visit that will be

sech,

in

On the contrary, Washington's ob-

stance in Washington.

The Nixon

retrospect, to have been much ex~

jeclive has been a political cease-

administration would hate to show

aggerated.

fire in the Near East between the

willingness to treat with the other

The Moscow First policy of the

United

States

and

Russia

that

Communist dissidents-the Chinese,

Nixon administration

can be seen

would open the road to a wider

the North Vietnamese, and, most

"in every corner of the world,

but

Big Two deal.

the Provi-

most of all in the corner of

the

Precisely

the same logic runs

important of all now, government

sional

world

inhabited

by

the

dissident

through the president's policy in

Revolutionary

of South Vietnan.

i Communists of Eastern Europe. •

Western Europe. True to the word

Bucharest is obviously going to

passed on his visit here last spring,

put to Mir. Nixon the case for poly-

Bachward on Trade

Mr. Nixon has becn at great pains

centric dealing by Washington with

The

Nixon

administration

has

not to interfere in West European

the whole Communist world.

But!

gone

backyard,

not forward,

oh

business, and to consult the allies

whether Mr. Nixon will respond rei

Hast-West trade, the prime Ameri

on larger strategic questions. Why?

mains in

doubt. In the past, anyt

can vehicle for knitting up rela-

Because basically what the presi-

how, he has shown & lamentabld

' tions with the East European coun-

dent wants from Western Europe

weakness for highly-publicized in-

tries.

As ambassadors, it has con-

-ard notably from

France

and

ternational mectings that lead no-

ferred open

those

nations regular

West Germany-is a clear road for

where.

foreign

Service officers with no

doing business with the Russians.

Morcover, much as the balance

clout in Washington,

who, besides,

Nor has there bech any mystery

of American dealings with the Com-

Ïee Eastern

Europe

chiefly as an

about what the business is suppos-

munist world needs to be righted

{djunct of either Russian or Ger-

ed to be. The subject of the admin-

in favor of the dissidents. there is

slan policy.

istration's most intense and elabo-

a central strategic fact that keeps

particularly striking

example

rate planning and

staffing cffort

asserting the importance

of

Big

of the disposition of the Nixon ad-

has been the coming strategic arms

Two relations.

That fact is that

limitation talks with the Russians.

ministration to subordinate Eastern

Russia

and the United

Europe

to

Soviet

policy

And despite repeated evidence that

States-

came

1n

connection

with

the

ouster

the présent leadership in

Moscow

but not anybody else-can blow up

the world.

of

Alexander

Dubcck,

deperdent-minded

the

in-

INTERNATIONAL

former

First

Secretary

of

the

Czech

Com-

munist

party.

Jew

hours

• after Dubcek wes sacked, Washing-

Herald

tion announced that it had warned

Moscow about such & change.

By

publishing the warning aiter rather

than before the

been done,

dirty

deed

had

Chairman

John Hay Whitney

the Nixon administra-

Tribune

Pablished With Tho New York Times and The Washington Post

Co-Chairmen

Katharine Graham

Arthur Ochs Sulzberger

tion made it plain beyond any doubt

just how unwilling it has been to

Publisher

Robert I. MacDonald

lay its prestige on the line for the

- sake

of

East European state

at odds with Russia.

The same pattern is apparent in

Editor

Gencrai Manager

Murray MI. felss

Andró Bing

GROTso 1S, Batez, ManagiDE Edllor; Roy Jerser, Assistadt sIanesing Editor

Erlo Barkios, Editor Emeritos.

dealings with

the najor rebel in

the Communist camp.

Shortly al-

ter Mr. Nixon was elected, the Chi-

nese Communists extended an olive

branch in the form

of an invita-

Publisked and priated by International (11969 International Herald

Heraid

TrIbUDO At 21 RuO do Berri,

Iribune. All rights reseryed

Directers

tion to renew the Sino-American

Elerald, Paris,

mectings in Warsaw.

Mr. Nixon brushed off this over-

"ture at his first presidential press

conference.

slis naministraiion, de-

spite broad Chinese hints of troubie

to come, then took over & Chinese

agcht who had defecied to Holland.

Though it was fcking

that can-

celed the scheduled Warsaw nicet-

ALL INFORMATION CONIAINED

HEREIN IS UNCLASSIFIED

ENCLOSURE

DANE 3-1715 8X SPIa B11/10:

10g, the

general opinion

aniong

Communist

countries-notably

Homania-was that the Nason no.

hindstrutton had spurned a Chinese

gimblt in order not to sise offense

55-759851335

65-756-775

do the Enssians.

1H 55279

DocId: 32989671 Page 4

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## Page 5

1212100

#MDR1G

SEASERTED BY SPRE/SC

o1-00

-17-95

TO

ECRET

DO NOT FILE

July 2, 1969

JUNE

Mr. Tolson.

Mr. DeLoach

Mr. Mohr -

Mr. Bishop

Mr. Casper.

Mr. Callahan

Mr. Conrad -

Mr. Felt -

Mr. Gale

Mr. Rosen

Mr. Sullivan

Mr. Tavel

Mr. Trotter

Tele. Room

Miss Holes

Mir Curt

Dear Mr. Hoover:

I heard from Legat Philcox this morning.

regard to the man in Paris in whom we are interested, the

facts are these:

1) He registered at the hotel on June 29 and as

previously indicated plans to leave next Monday. He has

no regular assignment in Paris and comes and goes throughout

Europe.

!

2) Because of the hotel he is staying in and the

elaborate switchboard, it is not possible to put a telephone

surveillance on his room extension.

3) I told Philcox to push the French and see if

Than

we could get a microphone in his room. This they are trying

to do.

The question was raised as to whether they should

take anyone at the hotel into confidence should it be necessary

in order to place the installation. I said no do not take

anyone into confidence at the hotel.

I am following this matter very closely and you

will be kept advised.

Respectfully submitted,

W

NATIONAL SECÚRITY INFORMATION

Unauthorized Disclosure

Subject to Criminal Sanctions

RE /240

65-15629-6

6575083-336

NOT RECORDED

JUN 1 3 1973

2955 11:11:1

DO NOT FILE

TOSSECRET

iN NV N2ta3 m

DocId:32989671 Page 5.

---

## Page 6

SE

152.73

DO NOT FILE

CLASSIFIED

BY S24

• DECLASSE

ON: 25X C

fom

Mr. Tolson

Mr. DeLoach

Mir. Mohr -

Mr. Bishop

Mr. Casper

Mr. Callahan

Mr. Conrad

Mr. Felt _

Mr. Gale

Mr. Rosen

Mr. Sullivan

Mr. Tavel

Mr. Trotter

Tele. Room

Miss Holder

Mist Gabayi

AN INFORMAN

ION CA

ITERE

IN IS

SIr

WEZRE SHOWN

July 3, 1969

JUNE

Dear Mr. Hoover:

Joseph KRaft

This is to advise you that the French

have overcome some very difficult operational

problems and have installed a microphone in this

fellow's room.

mentioned yesterday the

elabrrate switchboard prevents using a telephone

surveillance. @ (4)

Just as soon as they get an adequate

product, it will be sent into me irmediately and

I will handle the translation under very secure

conditions.

You will kept promptly advised of

developments.

fam

Respectfully submitted,

Bile lufluvice

W. C. Sullivan

1:

DECIASSIFIED BY ST-L BTA

3-17-25

342-679

NATIONAL SECURITY INFORMATION

Unauthorized Disclosure

Subject to Criminal Sanctions

65-756294

6575985337

NOT RECORDED

JUN 1 3 1973

DO NOT FILE

TO Pian

HUN 31973m

DocId: 32989671 Page 6

---

## Page 7

ET

TOP.

CRET

CLASSIFIED BY SEALE

DECLASSITY ON: 25X6

DO NOT FILE

fam

342-679

DECIASSIFIDD BY SPIa BIJ-IC

3-17-95

Dear Mr. Hoover:

July T, 1969

Joseph

Kraff

JUVE

In regard to the sensitive coverage in

Paris, I

have followed this throughout the week-

end with our Legat.

There is nothing direct we

can say on the telephone, but by double-talking

we can communicate.

ATION CONTAINS

NELASSITIVA EX

ERWISE.

EUREIN IS

WHERE SYO

The French were successful in installing

the microphone and they have the product, the Legat

said, extending to the time of this man's departure

from

Paris.

He was

to leave either last night or

this morning. fs (U)

The tape is on its way to me and should

arrive tomorrow. I will have it immediately and

very securely translated and the results given you.

The Legat was able to say one thing and that is

that this person has been in touch with the Soviets

in Paris

presumably in connection with his coming

visit to Russia. dU)

Mr. Tolson

Mr. DeLoach

Mr. Mohr -

Mr. Bishop

Mr. Casper

Mr. Callahan

Mr. Conrad

Mr. Felt

Mr. Gale

Mir. Rosen

Mr. Sullivan

Mr. Tavel

Mr. Trotter

Tele. Room

Miss Homes

fam

Respectfully submitted,

NATIONAL SECURITY INFORMATION

Unauthorized Disclosure

Subject to Criminal Sanctions

REG/: M

DO NOT FILE

TODSEEET

65-75629-8

6575085-338

NOT RECORDED

JUN 1 3 1973

wallbal

19/3/arm

odId: 52989671 Page 7

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## Page 8

# 7100/61

CLASSIFIEDB

523.6

DECLASSIEY ON: 25XL

ВУВі

SOXZ CRIMISSVID

SI NIMURTI

ERIKI VINOD NOTEVVEDINI

SENSITIVE

FOREIGN

INTELLIGENC

SOURCE

$(U)

This document is prepared in response

nation outside

tò

your request and is not

for dissemi-

your Conmitree..

Its use

lamsted

to

your Committee and the conient mas

be

disclosed

official

sroceedings by

uriant

urized

nel without the

express approval

FBI

349-679

DUCLASSIFIED BY SPLaBULLE

31 317-95

JUNE

Me: CATO

Enclosed are sit

aditional TapERE FARN INTENSEN SOUR

person-

Operation disci

regrested. irisea

pocess Tapes and

4113/73

5'

eup.t as

Tribune 7/8/69.

14N6 6 197312=32989671 Page 8

SE

65-75629-10

F:75940-344

NOT RECORDED

JUN 1 3 1973

---

## Page 9

SENSITIVE

(v)

INTELE ENCE

SOURCE

jeau sochet, Diector?

he ST, decided t0.

-Desar

all expensea

sefiar his conf diclind

SENS,

FOREIG

INTELL

SOURCE!

- thanke

hun for the excellent

cooperation Would be

and into te, n

Gusse, mention

The case prif cal.

Tall all you likew

I an in hedi.

Lumm

5-73753

65-75629-10

65=750-346

NOT RECORDED

JUN 1 3 1973

nA 3,1973 pm

DooId: 32989671 Page 9

i do.

---

## Page 10

37.00

TO

GRET

DO NOT FILE

DECLASSIFY ON: 25X C

fam

Mr. Tolson

Mr. DeLoach

Mr. Mohr -

Mr. Bishop

Mr. Casper -

Mr. Callahan

Mr. Conrad

Mr. Felt -

Mr. Gale -

Mr. Rosen

Mr. Sullivan

Mr. Tavel

Mr. Trotter

Tele. Room

19S HON

15464

AJI. INFORMATTON

PHERW

ERREIN IS UNCL

SHOWT O'

WEIERE

DECIASSIFIED BY SP

3-17-95

-5342-679

ON

July 8: 1969

Joseph °Kaaft

Dear Mc. Hoover:

JUNE

In regard to the Paris matter,

the tape

has not come in as yet, but

I do have

some collate.

information.

French Intelligence advises that the man

in question visited Paris

as a student

later visited

again in 1965 and 1966.

2950.

It is of interest to rote that on both of

the latter occasions he was in contact with a representative

of the Noith Vietnamese Commercial Mission in Paris.

is all the more significant,

advises the French, when

it is understood that at that time the North Vietnamese

Commercial Mission handled all kinds of activities

including intelligence.

It was not limited to commercial

matters.

This Mission has since been elevated to the

status of a General Delegation. AsS (v)

In 1958, this person requested accreditation

for "Time" magazine and gave a Paris residence.

on

June 21-23, 1969, he gave the Hotel Intercontinental,

Paris,

as his address and on June 29, 1969, he gave

the Hotel George V, Paris, as his place of

As I previously advised you this person is not

now officially assigned or accredited as a correspondent in

residencenor does he have any residence permit. (N(U

As soon as the tapes get in, I will have them

processed immediately.

Parenthetically,

I would like to repeat that I

think that his contact with the North

paris is of considerable interest led Cetnamese in

Respectfully submitted,

NATIONAL SECURITY INFORMATION;

Unauthorized Disclosure

Biti

Subject to Criminal Sanctions

65-75629-11

DO NOT FILE

TOP

SEGRET

allusivan

REGA

6507508

NOT RECORDED

JUN 1 3 1973

34/1

IUN C3 1973)

HH

55279 DocId: 32989671

Page 10

---

## Page 11

• OPTIONAL FORM NO, 10

5010-100

MAY 1962 EDITION

OSA GEN. 110, NO, 27

UNITED STATES GL. ~RM

UNT

Memorandum

:

MR. DE LOACH

DATE:

11-4-69

OM

MR. W. C. SULLIVAN

DO NOT FILE

JUNE

Tolson

DeLoach

Walters.

Mohs -

Bishop

Casper

Callahan

Conrad

Felt -

Gole

Rosen

Sullivan

Tavel

Soyars

Tele. Room -

Holmes -

Gandy

BJECT:

JOSEPH KRAFT

INFORMATION CONCERNING

AIL INFORMATION CONTAINED

HEREIN IS UNCLASSIFIED SA 12 B77/

DATE talLIoO BY S

315-95

your

Your memorandum today set out the Attorney General's reques

for coverage of captioned individual, a columnist for the Publishers

Hall Syndicate in Washington, D. C. The Attorney General asked the

Bureau's views as to the type of coverage which should be instituted.

close physical surveillance of Kraft will be too dangerous. However

it is believed that a selective spot physical surveillance in the

evening

• relative to his social contacts would be safe and could be

productive. Also, a technical installation on his telephone night

7ro0al

schmitice and the content mai

nation outsite your Committee.

produce the infornation desired by the Attorney General.

It will, of

This document is prepared in response

course, be necessary for the Washington Field Office to make a discreet

survey to determine whether this installation can be made securely.

25

RECOMMENDATICNS:

1. If you approve, the Washington Field Office will be

instructed to immediately survey this situation to determine the

feasibility of placing a technical surveillance on Kraft's phone.

Both his residence and his office will be included in the survey.

found feasible, a memorandum will be prepared to secure the Attorney

General's approval for the installation.

your request and is not for dissemi-

!!

WCS :htt,

ORIGINAL ONLY

REC simonio de sand for t

+5-754-217-25

2.

That this memorandum be retained by Miss Gandy.

65-75085255

*OT RECORDEI

JUN 1 3 1973

saintint ,

Wes

ROUTE IN ENVELOPE

I WIN 51630, 1973/17732989671 Page 11

Allerin

---

## Page 12

• OPTIONAL PORM NO, 10

9010-106

MAY 1969 EDITION

OSA GEN. REG. NO, 27

UNITED STATES GUV CRA

iNT

MemoranduOUTE IN INVELOPE

MR. DE LOACH

DATE:

11-5-69

Tolson

DeLoach

Walters-

Moht -

Bichop

Casper

Callahan

Conrad.

Felt

Gale

'OM

:

MR. W. C. SULLIVAN

DO NOT FILE

JUNE

Tole. Room -

Holmes -

Gandy

IBJECT:

•JOSEPH KRAFT

TECHNICAL SURVEILLANCE REQUEST

542-679

AEL INFORMATION CONTAINED

VEREIN IS UNCLASSIFIED

DATE tiLTOG BX SPALM

3-15-95

My memorandum of 11-4-69 reported that the Attorney

General had requested coverage on captioned individual, a

columnist for the Publishers-Hall Syndicate, Washington, D. C.

The Attorney General asked the Bureau's views as to the type of

coverage which should be instituted. My memorandum pointed out

that Washington Field Office would immediately conduct a survey

to determine the feasibility of placing a technical surveillance

on Kraft's phone. The Director approved this survey and also

instructed that a spot surveillance be initiated on Kraft.

Washington Field Office has been instructed to initiate

a spot surveillance and has determined that the technical

surveillance is feasible. Accordingly, there is attached a

memorandum for the Attorney General requesting his approval for

the technical surveillance.

RECOMMENDATIONS:

1. That the attached memorandum containing only the

original be handled with the Attorney General.

2.

That this memorandum be retained by Miss Gandy

Too.

WCS :hrt

ORIGINAL, ONLY

Enco fixt

11-5-48

(95-15627-26

WS

+575085-354

NOT RECORDED

This document is prepared in response to

JUN 1 3 1973

your request and is not for dissemi-

nation outeice your Committee.

Its 're i: limited to official procerys by

your Committce und the content may nut be disclosed to unauthorized person-

nel without the express approval of the FBI.

HH1N5378 107674:32989671 Page 12

---

## Page 13

OPTIONAL FORM NO, 10

5010-106

MAY 1982 EDITION

OSA GEN, REG. MIQ. 27

8: 1

SECHE

Tolson -

UNITED STATES GOVERNMENT

ALL INFORMATION CONTAINSO

DeLoach.

Walters -

Memorandu TOP SECRET e

BEREIN IS UNSLASSIFISD RuS:

Mont - TH

Bishop

Casper -

Callahan

Conrad -

TO

:

MR. DE LOACH

Felt -

DATE:

Gale -=

Rosen

Sullivon -

Tavel -

FROM :

MR. W. C. SULLIVAN

#MDR16

Soyars

Tele. Room

• Holmes -

DO NOT FILE

12/2/106ndy-

SUBJECT:

JOSEPH KRAFT

JUNE

INFORMATION CONCERNING

CLASSIFIED BY SP2ALm|218

DECLASSIFY ON: 25X1,6

On 11-4-69 the Attorney General asked that surveillances

be conducted of Joseph Kraft. On 11-5-69 we requested the Attorney

General for approval for a telephone surveillance and instituted a

spot physical surveillance on the Director's approval. The Attorney

General has not yet responded to our memorandum of 11-5-69 and nothing

of significance has been received as a result of the physical

surveillance. However, other coverage of the Washington Field Office

suggests that Kraft [has close contacts at the Polish Embassy. A

confidential source advised that Kraft contacted Jerzy Michalowski,

Polish Ambassador to the U.S., 10-29-69, and indicated that he had

jarm

a luncheon appointment with the Polish Embassy's counselor. He

suggested that Michalowski join them, but was advised that Michalowski

was busy on that date. However, Michalowski countered with an

invitation for Kraft to visit him at the Polish Embassy 10-31-69

However, mati

at 3:30 p.m. for a drink. This meeting was subsequently confirmed.

for between 3:30 p.m. and 4 p.m. on that date by Kraft's secretary.

(5)

Washington Field Office records also reveal that

Michalowski has indicated friendship with other newsmen in the

Washington area in addition to Kraft. These include Charles

Bartlett, Chalmers Roberts, Murray Marder, and Max Frankel.

It is believed that this information may be of interest

to the White House and the Attorney General.

RECOMMENDATION:

605-75629-27

That the attached communications be approved.

WCS :hrt

ORIGINAL

ONLY

Encs I'

NATIONAL SECURITY INFORMATION

Unauthorized Disclosure

Subject to Criminal Sanctions

Classified by

DA DOC SNOT RECORDERS

6575085-357

JUN 1 3 1973

Exempt from GDE

Category 2+3

Date of Declassifi

tion Indefinite

SUNS. 19702

1:32989671

Paue 13

TOP SECRET

---

## Page 14

TOPAS

SECRET

DO NOT FILE

JUNE

The ittorney Coneral

Director, FBI

JOSSPIT KRAFT

INFORMATION CONCERNING

Novenber 7, 1969

DECLASSIFLED BY SPOKEM LATE

6/22/82

COMPL

87,082

With reference to the surveillance which

•you recently requested concerning Joseph Kraft, I

thought you would be interested in the infornation

contained in the attached communication addressed to

Mr. Ehrlichman at the White House.

Enclosure

AUt INFORMATION CONTAINED

HEREIN IS UNCLASSIFIED.

DATE: 3-15-25 BXS.PI3T7

342-679

NATIONAL SECURITY INFORMATION

Unauthorized Disclosure

Subject to Criminal Sanctions

SENT POUL D. O.

DATE 11-7-6?

BYE.

1.2

WCS :hrt

(4) /

Fi, team

TOP SECRET

Group 1

Excluded from

• autonatic

downgrading and

declassification

RES

Memo Sullivan- DeLoach

11-7 "JOSEPH KRAFT."

635-7542124

NOT RECORDED

JUN 1 3 1973

---

## Page 15

TOP SECRET

SECRET

12122loo

CLASSIFIED BY SP-2 ALm)ET6

DECLASSIFY ON: 25X1.6

NOT FILE

JUNE

hain

• November 7, 1969

ATTI INFORMATION CONTAINIO

ENROLE CEILISSVIANN SI NIMAN

Honorable John D. Ehrlichman

Assistant to the President

for Domestic Affairs

The White House

Washington, D.. C.

JUNE

Dear Mr. Ehrlichman:

With reference to your interest in Joseph Krast, it

might be significant to note that he has contacts in the Polish

Embassy, Washington, D. C., as indicated by information from a

confidential source that on October 29, 1969, he contacted Jerzy

Michalowski, Polish Ambassador to the United

State's, stating he

had a luncheon appointment with the Counselor of the Polish

Embassy, and suggesting that Michalowski join them.

Mi chalovski, 1am

however, said he was busy on that date, but countered with an

invitation for Kraft to visit him at the Polish Embassy on

October 31, 1969, at

3:30 poll. for a drink. Kraft accepted the

Invitation and Kraft's secretary subsequently confirmed

the

meeting for between 3:30 poll. and 4 poll. that date. (5)

It might also be observed in this connection that

(s)

Michalowsk has indicated friendship for other Washington

newspapermen in addition to Kraft. These include Charles Bartlett,

Chalmers Roberts, Murray Marder, and Max Frankel.

Sincerely yourshAL SECURITy INFOrMATiON

Unauthorized

Disclosure.-

NRasit to criminat Senions:

Xr. Tolson-

•ir.

WaLoach WCS :hrt

WISTS-ORIGINAL,

YELLOW AND

Siter.

COPY TO AG

See Sullivan-DeLoach •

PEG 11-7 memo "JOSEPH KRAFT."

#WCS:h++ 65-756329-25

Lisper.

¿alinhan

('sarad

Fit.

lizie

+jen

aillivan

Tried

"cars.

TOP SECRET

Group 1

Excluded fron automatic

downgrading and

declassification

+57-015 351

NOT RECORDED

JUN 1 3 1973

JUN 13 1973}

ww. 55275_PocIdf32989674 Page

Page 75

hexerii11/7/69

---

## Page 16

iOM

IBJECT:

MAY 1942 POITION

TOMA GEN. MEG.

но. 27

UNITED STATES GOVERN

Memorandum

ENT

MR. DE, LOACH

DATE:.

12-11-69

Tolson

DeLoach -

Walters -

Mohr -

Bishop

Casper

Callahan

Conrad.

Felt -

Gale

"MR. SULLIVAN

DO NOT FILE

JUNE

JOSEPH KRAFT

TECHNICAL SURVEILLANCE REQUEST

Tavel

Saryars

Tele. Room

Holmes -

Gandy

1742-671

4LL INFORMATION CONTAINED

HEREIN IS UNCLASSIFIED.

DATE 3-15-95 BY SP/2 7T

My memorandum of 11-5-69 reported that the Attorney

General had requested coverage on captioned individual, a columnist

for the Publishers-Hall Syndicate, Washington, D. C. My memorandum

reported that we were instituting a spot surveillance on Kraft

and enclosed a memorandum to the Attorney General requesting his

approval for a technical surveillance on him.

The spot surveillance has been unproductive from an

intelligence viewpoint. We have not received an answer from the

Attorney General on our request for a technical surveillance.

RECOMMENDATION:

That the enclosed memorandum for the Attorney General

be approved. It advises him that the spot surveillance has not

been productive, technical surveillance was not installed, and

unless advised to the contrary by 12-12-69, spot surveillance

will be discontinued.

JAS:hrt)

ORIGINAL ONLY

Enciscut

12-11-69.

REYN' 65-75629-31

857509-341

NOT RECORDED

JUN 1 3 1973

This document is prepared in response to

your request and is not for dissemi-

nation outside your Committee.

Its use is timited to official proceedings by.

your Committee and the content may nut be disclosed to unauthorized person

nel without the express apcroval of the FBI.

DocId: 32989671

Page 16

---

## Page 17

TOP

É CRET

DO NOT FILE

JUNE

December 11, 1969

MEMORANDUM FOR THE ATTORNEY GENERAL

RE:

JOSErSE KRAFT

TECHNICAL SURVEILLANCE REQUEST

DECLASSIFIED BY

15-95

My memorandum of November 5, 1969, informed

you that pursuant to your request for coverage on Kraft

we had determined that it was feasible to install a

telephone surveillance on him and asked authority to

Install this coverage.

Since that tine, we have conducted a spot.

surveillance on Kraft which has been unproductive

fron an intelligence viewpoint. No authority was

received from you for the installation of a telephone

surveillance and, therefore, no such surveillance has

been Installed.

com

Under the circumstances, and unless you

advise otherwise, the spot surveillance will be dis

continued December 12, 1969.

Respectfully,

NATIONAL SECURITY INFORMATION

Unauthorized Disclostre

V. Ra pin

65-75629-30

65752200

NOT RECORDE

Subjeet to Criminal

Sanctions

JUN 1 3

1973

Tolson

DeLoach

Halters

Hohr

Bishop

Casper

Callahon

Conrad

Felt.

Gale

Rosen

Sullivan -

Tovel -

Soyars

Tele. Room.

Holmes -

Gondy

ORIGINAL AND ONE FOR

YELLOW

JAS :hrt

_(3)

JUN E3 1973/m

MAIL ROOM_

TELETYPE UNIT

NH. 55279 DocId:32989671 Pâge 12

John Edgar Hoover

Director

AG

child

TOR

SECRET

Group

Excluded fron automatic

downgrading

and

declassification

See memo Sullivan-

DeLoach 12-11 "JOSEPH KRAFT.

JAS:hrt.

1a Me

SENT FROM D. O.

TIME 1: 352241.

DATE 12 - 11-19

BY

---

## Page 18

Offue of the Attummy Genral

Washington, A. C. 20530

May 21. 1975

77342-678

Lloyd N. Cutler, Esquire

Wilmer, Cutler & Pickering

1666 K Street, N.W.

Washington, D.C.

20006

Dear Mr. Cutler:

Pursuant to our discussions. concerning the disposition of

• certain records relating to the surveillance activities

directed at your client, Mr. Joseph Kraft, the Department

is making the following

temporary arrangements:

is limited to official proceedings by

your Committee and the content may nut be disclosed to unauthorized person-

Its rese

This document is prepared in response to your request and is not for dissemi.

l. Pending further Departmental action relating

to the policies which will govern records of the

type involved in Mr. Kraft's case, all documents,

recordings, or other records of any type in the

Department's custody or control which constitute,

summarize, or describe the contents of the over-

hearings obtained as the result of any electronic

surveillance directed against Mr. Kraft and mem-

bers of his family will be placed under seal.

As long as the items described above remain

under seal, no official or employee of the Depart-

your Committee.

nation outside

nel without the express approval of the FBI.

ment will have access to them for any purpose, and

no official or employee of the Department will

allow any person outside of the Department to nave

any such access, except as described below. The

only material referring to these items will be a

single index cara needed to locate the sealed items.

The index card will bear only Mi. Kraft's name and

a file number.

3. Should some future need which we do not now

foresee require any official or employee of the

Department to obtain or permit access to the

aforesaid items, the decision on such access shall

be made personally by the Attorney General. The

Attorney General shall not grant any access without

notifying Mr. Kraft or his counsel in writing at

55279 DocId: 32989671 Page 18

---

## Page 19

.=2-

them

an opportunity to discuss the matter per-

sonally with the Attorney General before the

grant is made.

The notice shall set forth the

date upon which access will be permitted if it is

granted, and the purpose for which and person by

whom access is sought. The Attorney General will

personally inform Mr. Kraft or his counsel of a

decision to grant access as soon as practicable

after it is made, but in any event at least five

business days before access occurs.

14.

Although this arrangement is not intended

to

constitute a permanent solution to the questions

you have raised concerning these documents, it

will not be rescinded or modified by the Attorney

General or his successors unless the Attorney

Gen-

eral gives Mr. Kraft or his.counsel ten days'

prior notice and affords him or them an opportun-

ity to discuss the matter personally with the

Attorney General before he rescinds or modifies

the agreement. If the Attorney General then

decides to rescind or modify this agreement he

shall personally inform Mr. Kraft or his counsel

of that decision at least five business days before

it is implemented.

AS

a result of our discussions, I understand that this

temporary arrangement is acceptable to Mr. Kraft, of course

without waiver of any legal rights he may have as a result

of prior surveillances.

As I advised you, we are working

, now on general policy determinations which, we hope, will

offer a permanent solution to the problem this settles temp~

•orarily. Of course, under the teims of this agreement we

will notify you of any policy determination which would

involve a modification of this agreement.

Until a final policy is determined, this agreement should

assure Mr. Kraft that no person will read or otherwise use

these documents in any manner so long as they remain under

the seal arrangement.

Sincerely,

Bavara yu evi

Attorney General

HH 55279 DooId:32989671 Page 19

---

## Page 20

The Attorney General

Attention: fir. Jack Fuller

Special Assistant to the Attorney General

DirectOr, FBI

AGREEMENT WITH JOSEPIL KRAFT

August 12, 1975

1 - Mr. Wannall

1

- MI. McDermott

- MI.

Mintz

• Mr. Donahue

Dy nemoraniow dated lay 6, 1975, you requested

that this Surcau undercake the steps nocessary to

inplament the agreement enclosed with your menorandun,

placing certain alectinnic surveillance records under

scal.

this ie to nority you that those records have

now been placed under seal in compliance with your

request and the terns of ins agreement.

7342-679

ATI-INFORMATION CONTAINED

HERETN IS UNCUASSILT

DArt 3-15-95 BYSA

REC-26

EX-101

LiS.

£1 AUG 1 4 1975

I - The Deputy Attorney General

rosasis

NOTE:

Files and Communications Division has notified

Legal Counsel Division that it has completed the process

of physical sealing called for. Serials affected noted

in serial 63 of Bufile 65-75629. The agreement concerns

documents reporting the contents of electronic overhearings

directed against a columnist, Joseph Kraft, in Paris,

France, in July,

1969.

(Bufile 65-75629)

MPGD: KIW

(9)

MAILED 7

AUG 1 3 1975

• +=

-FBI

= Dir..

AD Adm. -

AD Inv. -

Dir.:

rin. -

Ip. Syst.

• Alfairs

is & Com. _

• Inv. -

rection

1. -

oratory -

1. & Eval.

=. Inv..

Iring .

1 Coun,

Rm.

•ANI

1.40

This document is prepared in

ration

response.

your Committee

outside your Commiter:

to

Jour. request

and:

not for dissemi

and the conter

та:,

Rut'o"

to

official

proceedinascoy

express

disclosed

to unauthorized.

approv.

of

the

FBI

(618) 534-516

Mại

---

## Page 21

OPTIONAL PORM NO, 10

5010-106

MAY 1962 EDITION

• OSA GEN, REG. NO. 27

"UNITED STAPES GO

NMENT

SECRET

Memorandum. TOP SECRET

TO

: Mr. E. S. Miller

DATE: 6/8/73

: T. J. Smith

#m0216 12/22/00

SUBJECT:

SPECOV

CLASSIFIED BYSP2AME1E I-Mr. Miller

Ine Mr. Eardley

DECLASSIFY ON: 25XL6

_ Mr. T.J. Smith

JUNE

felt

Mr. Baker -

Mr. Callahan

Mr. Cleveland

Mr. Conrad

Mr. Gebhardt

Mr. Jenkins

Mr. Marshall

za, Mr. 'Miller, E.S

Mr. Soyars

Tir. Thompson

Mr. Walters

Tele. Room

Mr. Baise

Mr. Barnes

Mr. Bowers

Mr. Herington

Mr. Conmy

Mr. Mintz

Mr. Eardley

Mrs. Hogan

ALL INFORMATION CONTAY AD

HEREIN IS UNCLASSIFIT

A United Press International (UPI) bulletin dated 6/6/73

which quoted "The New York Times, " said that John D. Ehrlichman

in 1969 directed that a wiretap be placed on the syndicated columnist,

Joseph Kraft, while the writer was away on vacation. The bulletin

said that the tap was removed before his return, when Ehrlichman

told former White House aide, John Caulfield, to call it off. Caulfield,

according to the bulletin, assumed that the "bug" was ordered removed

because The White House convinced the FBI to put a tap of its own on

Kraft. The Acting Director inquired, "Did we?"

Subject to

Among

the records recovered at The White House on 5/12/73,

by the Acting Director and Section Chief Thomas J. Smith, were two

folders which were unquestionabiy related to the same individual. One

was marked CATO (Top Secret) Sensitive Material - W. C. Sullivan"

and the other was marked "Joseph Kraft." For the most part, material

in the "CATO'' folder consisted of thin copies of informal memoranda

from W. C. Sullivan to Mr. Hoover. Also contained in the folder,

however, were nineteen pages (in duplicate) amounting to a transcript

Criminal Sanctions

Unauthorszed. Disclosure

NATIONAL SECURITY

of tape recordings of microphone coverage. There were also some

personal reports to Sullivan from the Legal Attache in Paris, Norman

W. Philcox, and some cablegrams to and from Legal Attache, Paris,

NOILVIAOUNT

bearing the codeword "CATO."

BECam 65-15629-32

A review of the material in both folders reveals that W. Ch==75 085+36

Sullivan, apparently with the full knowledge and consent of Mr. Hoover,

personally travelled to Paris, France, where he arranged with FrenchJUN 1 3 1973

authorities to place a microphone in the hotel room of Joseph Kraft

while Kraft was in Paris. Tape recordings were then turned over to

the Legal Attache, who forwarded them back to Washington for transcrip-

tion and review.

Documents in the folder reveal that it was not possible

to install a telephone tap in Paris. The Joseph Krait folder contained

the original informal memoranda from Sullivan to Mr. Hoover. It

ENCLOSURE

also contains the yellow file copies of letters to Mr. Ehrlichman dated

7/15/69 and 11/7/69. A copy of the 11/7/69 letter to Ehrlichman was

TJS:wme (3) TOP. SECRET

TOUTE IN ENVELOPI

Classified Ho

283 10C 510/3/21

GDS, Category.

TH 5520| Matra: 32989671

19/33m Date ot Declassification Indefinite

CONTINUED - OVER STO

Page 21

---

## Page 22

TOP,

ECRET

Memorandum to Mr. E. S. Miller

Re: SPECOV

also sent to the Attorney General. The 7/15/69 letter to Ehrlichman was

a report of the microphone coverage of Krait in Paris. The 11/7/69

letter reported a contact by Kraft with Jerzy Michalowski, Polish

Ambassador to the United States and an invitation to Kraft to visit the

Polish Embassy for a drink. This was likely from coverage of the

Polish Embassy. (s)

With specific reference, however, to the question of whether

the FBI ever had a wiretap on Kraft in the United States, the material

in the Joseph Kraft folder indicates that consideration was given to

installing a wiretap on Kraft, but due to failure of the Attorney General

to provide (written) approval, it was never installed.

A W. C. Sullivan to DeLoach memorandum 11/4/69, captioned

"Joseph Kraft, Information Concerning" recited that a DeLoach

memorandum of the same date set out the Attorney General's request

for coverage of Kraft. The Attorney General, according to Sullivan's

memorandum (DeLoach's memorandum is not in this folder or elsewhere

in the records) asked the Bureau's views as to type of coverage which

should be instituted. Sullivan said that it was the feeling of the Domestic

Intelligence Division that a close physical surveillance of Kraft would

be too dangerous; that it was believed a selective spot surveillance

in the evening relative to Kraft's social contacts would be safe and

would be productive. Sullivan's memorandum also related that a

technical installation on his telephone might produce the information

desired by the Attorney General. Authority was given on this memorandum

for the Washington Field Office to conduct a survey to determine

feasibility of placing a technical surveillance (wiretap) on Kraft's

phone, both at his office and his residence.

A Sullivan to DeLoach memorandum dated 11/5/69 reported

that the Washington Field Office determined that a technical surveillance

was feasible. Accordingly, a memorandum consisting of only the

original was attached requesting approval of the Attorney General

for a technical surveillance on Kraft. This was sent from the Director's

office 11/5/69.

TOP/SECRET

- 2 -

CONTINUED - OVER

HH 55279 DocId:32989671 Page 22

---

## Page 23

TOI

ECRET

Memorandum to Mr. E. S. Miller

Re: SPECOV

The most recent memorandum in the Kraft folder was a

Sullivan to DeLoach memorandum dated 12/11/69, which stated that

a spot (physical) surveillance had been unproductive from an

intelligence standpoint and that we had not received an answer from

the Attorney General on our request for a technical surveillance.

Attached to this memorandum was a memorandum for the Attorney

General which stated that a spot surveillance on Kraft had been

unproductive and that no authority was received from him for the

installation of a telephone surveillance and, therefore, no such

surveillance was installed. The memorandum also informed the

Attorney General that under the circumstances and unless he

advised otherwise, the spot surveillance would be discontinued

12/12/69. No subsequent documents were contained in either folder.

As a matter of interest, the Kraft folder contains a

SENSITIVE

yellow file copy of a letter from Mr. Hoover to Mr. Jean Rochet-

• FORGIEN

Director, Direction de la Surveillance du Territoire, Paris, France, SouRcE

INTELLIGENCE

expressing appreciation for the unprecedented and remarkably

efficient assistance rendered to the FBI. This letter of appreciation,

bearing the dictator's initials of W. C. Sullivan, no doubt referred

to assistance relative to installation of microphone coverage on

Kraft in Paris.

A check of our electronic surveillance indices was made

on 6/7/73. However, there is no record that Joseph Kraft was

ever the subject of either a telephone or microphone surveillance

in the United States. It would appear that if any wiretap was

placed on Kraft in the United States, as alleged in the UPI bulletin,

it would have been by the group in The White House associated

with Ehrlichman, Caulfield, et al. None were placed on Kraft

by the FBI, according to the records available to us.

ACTION:

In response to the Acting Director's inquiry.

CRATO SECRET A

- 3 -

1Н 55279 Do0Id:32989671 Paue 23

EM

---

## Page 24

0-20 (Tiev. 5-3-73)

Herington

See page 2.

WDR

asha: "Did we?

71342-679

ILL INFORMATION CONTAINED

BAREIN IS UNCLASSIFIED

DATE 3-15-95

BYSP12 B

- .=

nge

Mr. Baker —

"Mr. Callahan

Mr. Cleveland

Mr. Conrad -

ENr. Gentine

Mr. Jenkins -

Mr. Marshall

Mr. Miller, E.S.

• Mr. Soyars -

Mr. Thompson

Mr. Walters -

Tele. Room -

Mr. Baise -

Mr. Barnes -

Mr. Herington

. Mr. Mintz —

Ef THar. Bardley -

Mrs. Hogan -

13

UPIO 11

(EHRLICHMAN >

NEW YORK (UPI) -- THE NEW YORK TIMES SAID TODAY THAT JOHN

EHRLICHMAN APPROVED A SERIES OF SPY MISSIONS AND TWO PREVIOUSLY

UNDISCLOSED ILLEGAL WIRETAPS BEGINNING IN 1969•

THE TIMES ALSO REPORTED THAT "OFFICIALS KNOWLEDGEADLE ABOUT THE

'WATERGATE INVESTIGATION" SAID DETAILED PLANNING FOR A NUNBER OF

WHITE HOUSE-ORDERED BURGLARIES WAS AUTHORIZED BY MR. EHRLICHNAN,

ALTHOUGH IT COULD NOT BE LEARNED WHETHER ANY SUCH

BURGLARIES... ACTUALLY TOOK PLACE."

FORMER WHITE HOUSE AIDES JOHN CAULFIELD AND ANTHONY ULASEWICZ WERE

IN

CHARGE OF THE OPERATIONS,

THE TIMES SAID.

THE TIMES

¿ QUOTED A "SOURCE WHO WAS CLOSELY INVOLVED" AS SAYING

THAT IN 1969 EHRLICHMAN DIRECTED THAT A TAP BE PLACED ON THE

TELEPHONE OF SYNDICATED COLUMNIST JOSEPH KRAT WHILE THE WRITER VAS

AWAY ON VACATION. THE TAP WAS REMOVED BEFORE HIS RETURN,

THE SOURCE

SAID, WHEN EHRLICHMAN TOLD CAULFIELD TO CALL IT OFF, ACCORDING TO THE

• TIMES.

CAULFIELD ASSUMED THE BUG WAS ORDERED REMOVED BECAUSE THE WHITE

HOUSE CONVINCED THE FBI TO PUT A TAP OF ITS OWN ON KRAFT, THE TIMES

SAID.

• ANOTHER BUG WAS PLACED ON THE PHONE OF AN ADMINISTRATION STAFFER,

ACCORDING TO THE TIMES' SOURCES, WHO TOLD OF A PLAN TO BURGLARIZE THE

WASHINGTON OFFICES OF THE BROOKINGS INSTITUTION, A LIBERAL RESEARCH

GROUF, IN AN EFFORT TO GET PAPERS FROM THAT STAFFER'S SAFE AFTER HE

RESIGNED.

THE TIMES SAID THAT MORTON HALPERIN, AN ASSOCIATE OF DANIEL

ELLSBERG WHO WAS THEN A NEMBER OF THE NATIONAL SECURITY COUNCILS HAD

ALEFT THE ADMINISTRATION FOR A POST AT BROOKINGS AT ABOUT THE SAME

TINE.

THE TIMES SAID OTHER TARGETS OF THE CAULFIELD-ULASEWICZ

INVESTIGATIONS INCLUDED: SEN. EDWARD KENNEDY, D-MASS.: HOUSE SPEAKER

CARL ALBERT,

D-OKLA.; SEN. EDMUND MUSKIE,

P-MAINE: SEN. HUBERT

HUMPHREY, D-MINN: AND THE ALLEGED MARASSMENT OF MRS. DAVID

EISENHOWER, THE PRESIDENT'S DAUGHTER, BY A FLORIDA SCHOOL TEACHER.

UPI 06-06 09:07 AED

WASHINGTON GLOSE NEVS SERVICE

HH 55279 DocId 32989671 Page 24-

-353-

---

## Page 25

0-20 (Rev. 5-3-73)

Mr. Baker -

ton.

Mr. Callahan .

. Mr. Cleveland

Mr. Conrad _

Mr. Gebhardt.

Mr. Jenkins -

Mr. Marshall -

Mr. Miller, E.S.

Mr. Soyars -

Mr. Thompson

Mr. Walters -

Tele. Room -

Mr. Baise _

Mr. Barnes —

Mr. Bowers -

Mr. Herington

Mr. Conmy -

Mr. Mintz —

Mr. Eardley -

Mrs. Hogan -

082A

TIMES 6-6

NEW YORK CUPIS -- THE NEW YORK TIMES SAID TODAY THAT JOHN D.

EHRLICHMAN, FORMER CHIEF DOMESTIC ADVISER TO PRESIDENT NIXON

APPROVED A' SERIES OF SPY MISSIONS AND TO PREVIOUSLY UNDISCLOSED

ILLEGAL WIRETAPS BEGINNING IN 1969.

THE TIMES ALSO REPORTED THAT "OFFICIALS KNOWLEDGEABLE ABOUT THE

WATERGATE INVESTIGATION* SAID "DETAILED PLANNING FOR A NUMBER OF

WHITE HOLSE-ORDERED BURGLARIES WAS AUTHORIZED BY MR. EHRLICHMAN,

ALTHOUGH IT COULD NOT BE LEARNED WHETHER ANY SUCH

BURGLARIES.. ACTUALLY TOOK PLACE.*

FORMER WHITE HOUSE AIDES JOHN J. CAULFIELD AND ANTHONY T.

ULASEWICZ, BOTH OF WHOM TESTIFIED LAST MONTH AT HEARINGS OF

SENATE WATERGATE COMMITTEE, WERE IN CHARGE OF THE OPERATIONS, THE

TIMES SAID.

THE NEWSPAPER SAID THERE WERE AT LEAST 18 OF THE SECRET MISSIONS.

INCLUDING INTERROGATION OF WITNESSES TO THE MY LAI SLAYINGS IN SOUTH

VIETNAM TO DETERMINE IF NEWSPAPER REPORTS WERE ACCURATE AND

BACKGROUND CHECKS ON REP. MARIO BIAGGI,

D-N.Y., WHO IN 1969 DENOUNCED

• THE NIXON ASMINISTRATION

AS ANTI-ITALIAN-AMERICAN.

THE TINES QUOTED A "SOURCE WHO WAS CLOSELY INVOLVED" AS SAYING

THAT IN 1969 EHRLICHMAN DIRECTED THAT A TAP BE PLACED ON THE

TELEPHONE OF SYNDICATED COLLUNIST JOSEPH KRAFT WHILE THE WRITER WAS

AWAY ON VACATION. THE TAP WAS

REMOVED BEFORE HIS RETURN, THE SOURCE

SAID, WHEN EHRLICHMAN TOLD CAULFIELD TO CALL IT OFF, ACCORDING TO THE

TINES.

CAULFIELD ASSUMED THE BUG WAS ORDERED REMOVED BECAUSE THE WHITE

HOLSE CONVINCED THE FBI TO PUT A TAP OF ITS OWN ON KRAFT, THE TIMES

SAID.

ANOTHER BUG WAS PLACED ON THE PHONE OF AN ADMINISTRATION STAFFER,

ACCORDING TO THE TIMES' SOURCES, WHO TOLD OF A PLAN TO BURGLARIZE THE.

WASHINGTON OFFICES OF THE BROOKINGS INSTITUTION, A LIBERAL RESCARCA

GROUP, IN AN EFFORT TO GET PAPERS FROM THAT STAFFER'S SAFE AFTER HE

RESTENED.

1W 55279 DocId; 32989671, Page. 25

WASHINGTON CAPITAI, NEIS SERVICE

ENCLOSURE

31

2

---

## Page 26

•THE TIMES SAID THAT MORTON H. HALPERIN, AN ASSOCIATE OF DANIEL

(ELLS BERG WHO WAS THEN A MEMBER OF THE NATIONAL SECURITY COUNCIL, HAD

LEFT THE ADMINISTRATION FOR A POST AT BROOKINGS AT ABOUT THE SAME

TIME.

THE TIMES SAID OTHER TARGETS OF THE CAULFIELD-ULASEWICZ

INVESTIGATIONS INCLUDED: SEN. EDWARD M. KENNEDY, D-MASS.; HOUSE

SPEAKER CARL ALBERT, PINNA SEN. EDMUND S. MUSKIE, D-MAINE: SEN

HUBERT N. HUMPARRY,

AND THE ALLEGED HARASSMENT OF MRS.

JELSENHOWERS THE PRESIDENT'S DAUGHTER, BY •A FLORIDA SCHOOL TEACHER.

UPI 06-06 07:38 AED

IH 55279 DocId: 36989671/Page 328

ENCLOSURE

8-pr362:

---

## Page 27

I-Mr. Miller

I-Mr. Smith

1-Mr. Wagoner

Mr. Archibald Cox

Special Prosecutor

¿ Director, FBI

1:

JUNE

JOSEPH KRAFT

July 23,, 1973

BY LIAISON

7/25/23 JRW

Reference is made to a conference on July 3, 1973, between

Special Agents James'R. Wagoner and James J. Dolan of this Bureau and

Mr. Philip B. Heymann and Nir. Philip Bakes of the Oifice of the Special

Prosecutor. A request was inade that the Special Prosecutor'e Citice

be advised of any investigation conducted by the FBI relating to Joseph

Kraft.

Enclosed are the original and one copy of a memorandum which

sets forth information regarding FBI involvement in an investigation of

Krait while he was in Paris, France, during 1969 as well as information

reported to the Washington Field Office of the FBIby Kraft concerning a

burglary of his residence during 1969.

A copy of the enclosed memorandum is also being furnished the

Attorney General.

Enclosure

342671

ALL INFORMATION CONTAINED

FREIN IS UNCIASSIFLED

DATS 3-7-15 BYSR12 BTS) Fee

65-75429

JRW: nlb (6)

NOT RECORCAD

167 JUL 27 1973

se. Dir. -

2. Die:

к.р. Sy31.

tes. & com. —

m. Int.

-ENCLOSURE

P-SEOUT MATERIAL ATTACHED

spection

rolle

aboratory

or. & Evol. -

ROUTE IN ENVELOPE

ac. inv.

KU. AUA: 6 1973 NATIONAL SECURITY INFARYIATIONEI

Unauthorized Disclosure

7. & Crm.

benarch -

Subject to Criminal Sanctions

8s0ff-

shone Rm. -

95 55279

MAIL ROOM L

TELETYPE UNIT

DocId: 32989671

Page 27

13R34 IN

JUL 26 1973

кати

12-115682

I... 1

---

## Page 28

ATiT IHFORMATION CONTATIES

FEREIN IS UNELASSITIND SACKPT

VETRE SHOW TEERWISE

CLASSIFIED BY SP-2 ALM\21G

DÉCLASSIFY ON: 25XJ

SCRET

JUNE

1-Mr. Miller

I-Mr. T. J. Smith

1-Mr. Wagoner

July 18, 1973

JOSEPE KRAFT

A United Press International bulletin dated June 6, 1973, which quoted

"The New York Times' said that John D. Ehrlichran in 1063 directed that a

•Wiretap: be placed on the syndicated columnist Joseph srait while he was

away on vacation. The balletin said that the tap was removed belore his retur

when Ahrlichman told former white House alde John Caulfield to cuil it on.

Caulfield, according to the bulletin, assumed that the "bug" was ordered

removed because The White House convinced the EBi to put 2 tap oi its cwn

on Kraft.

The files of the FBi do not reveal that Joseph Kraft was ever the

subject a direct telephone surveillance by the FBI in the United States,

However, on way 12, 1973, certain secords were recovered iromThe White

House included among which were two lolders which were unquestionably

related to the same individual. One'folder was marked "CATO (Top Secret)

Subject to

senative matorial - W. C. Sulliva' and the other was marked "Josen Kratig

The W. C. Sullivan referred to was formerly the Assistant to the Direcior

at the bol, for the most part material in the "CATO" folder consisted of thin

inal

coples ef informal memoranda from W. C. Sullivan to foriner FBI Director

John Edgar Hoover.

Also contained in this folder were nineteen pages (in

duplicate) of material amounting to a transcript of tape recordings of a

• Unauthorized Disclosure

microphone surveillance. 'There were aiso some personai reports to Sullivan

froz the Legal Attache in paris, France, and some cablegrams to and izoro

the Legal Attache bearing the code word "CATO" The folder marked "Joseph

W/Kraft"' contained the originals of the informal memoranda referred to above

NATIONAL SECURITY INFORMATION

as well as i copy of a letter to far. John D. Elrlichuan dated July 15, 1939,

which was a report ai the microphone coverage of frait thtle in Paris.

A review of the material in both folders revealed that Sullivan apparently

p. Dir with the full knowledge and consent a Hoover, personally traveled to puris,

mi. —IzzICe, where ne arranged with the Direction de la durveillance duTerritoire

malthe sol equivalent in france) to place a microphone in the hotel room of

n. Inv. =

ant. -

spaction.-

TOR

ECRET

nooratory

JRW:rlb (6)

on. & Erol. _

Classified De Director. E3!

SEE NOTE PAGE 3

26.

Inv..

aining

Exempt fros

Get Category Namber 2

al Caun.

Date af Declassication indelinite

Irri

8. Seer.

1. & Crm.

search

F5750K5

15 0ll.

ephone Rm, -

65-756-94-

acror Sec'y--

MAIL ROOM LO

TELETYPE UNIT CA

POUTE IN ENVELOPE

IN 55279 DUCT: 32909671 -Page 28

MSTHINCTIRE

KICKONNE

SENSITIVE

FOREIGN

INTELLIGENCE

SOURCE

---

## Page 29

iäe.

1-392.

JOSEPH KRAFT

Joseph Krait while Kraft was in Paris. Tape recordings were turned over to

the Legal Attache who furnished them to I'BI Headquarters for transcription

and review. Documents in the folders reveal it was not possible to install

& telephone tap in Paris.

With specific reference as to the question whether the FBI ever had a

Wiretap on Krait in the United States, the material in the Joseph Kraft folder

Indicates that consideration was given to installing a wiretap on Krait but due

to the failure of the Attorney General to provide written approval it was never

"instituted.

Ic..

-.....-

i - - A memorandum dated November 4, 1969, in the Kraft folder Indicates

the then Attorney General requested coverage oi Krait. As a result, a selective

physical "spot surveillance" was initiated on krait during the evenings; however,

this was determined to be unproductive from an intelligence standpoint and the

Attorney General was advised by memorandum dated December 12, 1869, that

this surveillance would be discontinued unless advised to the contrary. No

] :

subsequent documents were contained in either folder.

÷

On September 4, 1959, Joseph Kraft advised the Washington Field Office

of the FBI that he leit his home (0021 N Street, N. W., Washington, D. C.) at

approximately 9:20 P.M. on September 3, 1959, to visit with former Governor

Averell Harriman who resided a few doors from the Kraft residence. "At

approximately 9:45 P.M. Mrs. Krait, who was in the second floor bedroom

of the residence, came down the stairs and found the front door open.

-

Subsequently, It was discovered by Mr. and Mrs. Kraft several items

of sterling silver were missing from the dining 100m and the pantry which items,

according to the Kraits, had an estimated value of approximately $10, 000.

A crime scene search and processing of the crime scene by the

Metropolitan Police Department produced negative results. No forcible entry

was noted and Mr. Kraft advised investigative officers of the Metropoiltan

Polica Department that he had probably left the front door ajar when he departed

- the residence.

On the morning of September 4, 1969, the Metropolitan Police Departinent

was advised by the Washington National Airport Police that some silverwara

had been found near one of the entrances to the terminal at the Washington

National Airport. The surerware was recovered by the Metropolitan Police

TOP

ECRET

16•55279 DocId:2989671: • Page 29

---

## Page 30

TOR

SECRET

JOSEPH KRAFT

Department and processed for latent fingerprints without success and the items

were returned to Mrs. Kraft upon her identification of the silverware. No

Suspects were developed by either the FBI or the Metropolitan Police Department

Tri the investigation of the matter.

¡Financiana i cumena

irania.

2+5.

NOTE:

Classified Top Secret since it sets forth information showing French

Government cooperation with the FBI in a national security matter, the unauthorized

disclosure of which could cause grave damage to the national security.

Per a prior request from the Special Prosecutor's Office that Office was

advised that Joseph Kraft was not the subject of an FEI wiretap Subsequent to

this advice, the Special Prosecutor's Office requested that it be furnished any

information concerning an investigation of Krait by the FBI as well as any

information concerning a burglary allegedly committed against Krait. In addition

to the data set forth in the enclosed memorandum to Cox, EBI files set forth

information indicating Kraft was overheard on wiretap coverage of several

(S) diplomatic establishments. This information is not being furnished Cox since it

does not relate to an investigation of Krait nor is the iniormation within the

purview of matters being inquired into by Cox's Office.

The original and one copy of this memorandum is being furnished

*Specíal Prosecutor Cox by separate memorandum and a Xerox copy is being

furnished the Attorney General by separ de memorandum.

7. 25

...:

....

a :.

.::

WW 55279 DocId: 32989671 Page 30

SECRET

TOP ECRET

---

## Page 31

tom

;.

WATERGATE SPECIAL"

Memorandum

SECUTION FORCE

TO

Clarence M. Kelley

Director

Federal Bureau of Investigation

PARTMENT OF JUSTICE

*test. Dir.:

Admin.

Como.

Sist.

Fit.

Affairs.

DATE: January

4,

19.748 Com.

Gon. Inv.

Ident.

Henry S. Ruth

Deputy Special Prosecutor

Watergate Special Prosecution Force

SUBJECT:

Surveillance of Joseph Kraft

nioratory

Plan. & Eval.

Spec. Inv. -

Training ...

Legal Coun

-

Telephone Rm

irector Sec'v

On July 23, 1973, your office furnished us

with a memorandum summarizing a 1969 Bureau investi-

gation of Joseph Kraft conducted in Paris, France.

Pursuant to this office's continuing investigation

• White House directed wiretap placed on the

residential phone of Joseph Kraft in June 1969,

we would appreciate the opportunity to view the

Bureau's complete file on the Paris investigation,

including logs of overheard conversations. Mr. Philip

J. Bakes, Jr. of this office should be contacted to

arrange a mutually convenient time to study the

files.

Mr. Bakes, of course, has the appropriate

security clearances.

1101

#342-679

it;

ATIL TAPORNATTON

UNCLASSIF

5814

JAN

31974

HaC

Luck Breyer, WSPF,

prit the which identifi 52532058

suicid material

scupes involved. os

18 JUL 21 1974

t0-g--263

1,29

nation outside

your canalee

yOUr

nel without

• Cramiitee and the content may nut be disclosed to unauthorized person

express

approval of the FBI.

JUL@91974.m

WW 552790 Do 320absn bage Sireato

---

## Page 32

77.342-679

ASSOCIATE DEPUTY ATTORNEY GENERAL

WASHINGTON, D.C. 20530

January 8, 1974

MEMORANDUM FOR FILE

Assoc.

Dir.

Asst. Dir.:

Adimin..

Comp. Syst.

• Ext. Affairs

Piles & Coin.

Gen. Inv. _

Ident

Inspastion

Intel!.

Labol:.tory

Plan. & Era!

Spic 1.1v

EVA THEIR

Dianean See

TO:

FROM:

Mr. Edward S. Miller

Federal Bureau of Investigation

Gary H. Baise

Oftice of the Deputy Attorney General

Joseph Kraft Matter

SUBJECT:

w. pertine

DE

Lloydhutler, an attorney with Wilmer, Cutler and Pickering,

had requested Mr. Ruckelshaus to write a letter declaring that

any surveillance of Joseph Kraft, the columnist, had not been

conducted pursuant to national security reasons.

Mr. Ruckelshaus

was unable to send this letter because of his departure on

October 20, and, as you and I have discussed and Mr. Saxbe has

concurred, in our opinion it is impossible for us to send that

letter. In addition, Mr. Cutler requested that the Department

form

issue a policy declaring that no journalist would ever be tapped

for national security reasons. Pursuant to our discussion, it

was concluded that this was impossible for us to do also.

I called Mr. Cutler today to advise him that (1) we would

not be sending the letter he requested and (2) we would not be

issuing the policy statement he requested.

He was, of course,

concerned that we were not complying with his original request.

He suggested that the only reasonable alternative left for

Mr. Kraft was to litigate the issue. At that point we concluded

our telephone conversation and hung up.

GHB: fhm

LUCILSUNG

l'has document as prepared in response to your request and is not for dissemi-

nation outside your Committee.

Its use: mited to offrcial proceedings 02

your committee and the content may nut he disclosed to unauthorized person-

nel without the express approval of the f

65-75629-39

2:4110dd

18 JUL 21 1974

UL 29 1974/011

HH 55279 DodId:32989671 Page 32

---

## Page 33

BACKGROUND MEMORANDUM

Facts:

According to the sketchy avail

asle

information, it appears that a wiretap was placed upon

the telephone at the residence of Joseph Kraft some time

during June 1969. In his public testimony. before the

Ervin Committee, John Erhlichman admitted that he ordered

John Caulfield to install the tap, but he claimed that

Caulfield's attempt to comply with his order "never came

to anything." He also claimed that he had discussed the

tap with the President, and that the operation was ordered

for reasons of the

"national security." other availabie

information seems to indicate that the wiretap was installed

• at Caulfield's direction by John Ragan. It also appears

that the

tap was operative for a short period, and that

it was subsequently removed.

According to former Attorney General Richardson's

testimony before the Senate Judiciary Committee on November

8, 1973, after Caulfield's operation was terminated, the

matter was referred to the FBI. Other information indicates

that during the fall and winter months of 1969, the FBI

arranged for electronic surveillance of Mr. Kraft during a

visit to Paris, and it conducted physical surveillance of

Mr. Kraft's activities in Washington. The FBI denies

placing any subsequent wiretap at Mr. Kraft's residence

in

washington.

Received from Gary Baise 12/10/73-

He got from doc Araft's Attorneys:

TIS

ENCLOSURE

342-679

ATI INTAPMATION CONTAINED

HEREIN IS UNCLASSIFIED

DATE 3-15-95

BY SP-12 BT7)

This

document

is prepared in response to

nation outside your Commitiee.

Its

i recest and is not for dissemi-

ricinial proceedings by

your Committee and the

content may

¿o zi authorized person-

nel without the

express

apiroveL

of

MH 55279

DocId: 32989671

Page 33

---

## Page 34

-.2 =

"While it appears that former FBI Director Hoover

may have ordered the FBI surveillances on instructions from

:

the White House, DI. Kissinger has

informed Mr. Kraft that he

knew nothing about any such orders and that the results of the

surveillances were never brought to his attention. Moreover,

it is understood that the FBI files on the matter state no

national security reasons for these surveillances. Under these

circunstances, it is difficult to see how a claim of national

security justification could reasonably be advanced.

Discussions with Department of Justice:

During

the summer and early fall of 1973, counsel for Mr. Kraft

conducted discussions with Attorney General Richardson and

Deputy Attorney. General Ruckelshaus. These discussions

were initiated with a view toward accomplishing two basic

purposes, without the need for extensive litigation:

--

I. Establishing as a matter of record that in . .

the opinion of the Attorney General the 1969 surveillance

activities were not reasonably justified as necessary

to obtain information vital to the national security,

either in its domestic.or. foreign aspects, and that

these surveillances disclosed no activities of Mr.

Kraft which posed any national security danger; and

2. Establishing a governmental policy for the

future which would prohibit warrantless electronic

surveillance of journalists engaged in gathering news

in the pursuit of their profession, whether or not the

government claims

a legal right to engage in such

in 55279 aCEtY 45989671 Page 34

---

## Page 35

While counsel believes that litigation could

accomplish both: of the above objectives, and that the under-

lying principles could be established as a matter of law,

counsel has been endeavoring, on Mr. Kraft's instructions,

to explore the possibility. of establishing both points

administratively before litigation is commenced. Prior to

the resignations of Mr. Richardson and Mr. Rückelshausi..

substantial progress was being made on both points. Mr.

Ruckelshaus had reviewed the available factual information

concerning the surveillances, and both he and Mr. Richardson

reported that they were working on departmental regulations

limiting warrantless "national security" surveillances.

Attorney General Richardson also informed the Senäte

Foreign Relations Committee during the confirmation hearing

for the Secretary.of State that he and Mr. Ruckelshaus were

engaged in a "full-scale effort" to establish new standards

Uin this area and the connice has established a secial

subcommittee to monitor these efforts. It is our hope that

this progress can

continue and that both the Department of

State and the Department of Justice will promptly support

efforts to clarify the facts concerning the surveillances

of Mr. Kraft and to issue definitive regulations prohibiting

similar activities, without a judicial warrant, in the future.

WW 55279 DocId: 32989671 Page 35

---

## Page 36

The Attorney General

#: 342-679.

Director, FBI

ALL INTOMATION CONTAINED

WERTIN IS UNCLASSIFLED;

3-15-95 BX5P-12 B

I - Mr. Adams

1 - Mr. Wannall

REGUEST OF MP. LLOYD N. CUTLER

'1 - Mr. Marshall

REPRESENZING ME. JONERA BEART

1 - Mr. Walsh

TO DESTROY ALL FLLES RELATIOS

1 - Mr. Mintz

TO SURVEILLANCE OF MIR. JOSEPH KRAFT

September 27, 1974

NO ICA

I received a letter from hir. Iloyd NXCutler dated

senter 23, 1914, enclosing a copy or a loter he adaressed to

you also dated september 23, 1974, copies of both of which are attached

for your intormation.

In vlow of the important legal and policy queetions presented

by these letters, I request that you designate a representative to ciscuss

the policy and legal iraplications of this matter mith our Legol Counsel

in order to reach a reutually acceptable poliy for responding to the

request. Our final policy determinations could be presented for

your concurrence.

Enclosures (2),

1 - The Leputy Attorney General

1 ~ Assistant Attorney General

Criminal Livision

65 - 75621

comerciach

SEP S0 1974

:1 - Assistant Attorney General

Citice of Legal Counsel

NOTE: Based on memo Legal Colisel to Mr. Adams 9/26/14, captioned

"Lloyd N. Cutler, Attorney for Joseph Kraft, " JAM:mfd.

request and is not

• for aussem

nation outside your Committee.

tsizuse 2s

limited to

official

proceeaings vy

your Committee and the content

maes

But be disclosed to

unauthonzed person-

nel urthout the

express

approval

of

the

FBI

Dir.

iD Adm. -

1D Inv. -

iro?

isyst.—

froirs -

B Com. _

inion

JAM:mfd

(11)

MAILED 2

SEP 3 C 1974

3 Eval. -

Inv..

ng -

FiBl

oun.

-NO: 75239

D6t3208967349 79

---

## Page 37

RICHARD Y

HUGH R. H. SMITH

•LOUIS F. OBERDORFED

MENRY T. RATHOUN

NEUBEN CLARX

BAHUEL J. LANAMAN

R. PERLIK

P. STRAMAHAN, JR.

WOLL HOSEN:994

ANDREWT. A,MACCONALO

ROBERT A. HAMMEIVO, ILL

CANIELK. MAYERS

-LER. MI

MATHEWS

HAMPOLL

DENNIS H. FLANNERY

DANILL MANCHE

NA1S 2O4E1S6N

RAYMOND C. CLEVENGER, IN

LOUIS R. COKEN

MICHAEL R. KLEIM

STEPHEN Ä. WEISWASSER

ECHILI G.STADDARO

ALFRED E. DAVIDSON

GERARD C. SMITH

COUNSEL

WILMER, CUTLER & PICKERING

1666 K STREET. N. W.

WASHINGTON. D. C. 20006

CABLI ADDRESS: WICRING WASH. D.C.

INTERNATIONAL TELEX: 410-239

TELEX: 89-2402

TELEPHONE 202-872-6000

KUROPEAN OFFICE

B, CHEAPSIDE

LONDON, ECIV SAA, ENGLAND

TELEPHONE 01-236-2401

TELEX: 851883242

CABLE ADDRESS: WIGRING, LONDON

RO A.ALLLA

Asso) Dir. K

Dep. AD.Ádni.

Asss. Aif.

Admin. _

Comp. Syst.

Ext. Affairs

Files & Com. -

Gen. Inv. -

Ident. -

Inspection

Intelli L

Laboratory

Legal Couni l

Plan. & Eval. -

Spec. Inv. -

Training -

Telephone Rme

Diréctor Sec'y -

Mr. Clarence M. Kelley

Director

Federal Bureau of Investigation

Department of Justice

washington, D. C. 20530

Dear Mr. Kelley:

5342-679

ALL INFORMATION CONTAINED

HEREIN IS UNCLASSIFIED

DATE 3-15-95

1555R/2B11/10-

Attached is a copy of a letter which we have

sent today to the Attorney General.

The letter concerns

he disposition of certain FBI records concernina the

surveillance of Mr. Joseph kraft.

We have addressed the attached correspondence to

the Attorney General because it raises questions of policy

which have implications for the entire Department.

However,

we of course recognize the primary interest of the FBI in

these issues, and accordingly Mr. Kraft and I would apprec-

iate an opportunity to discuss the matter with you at your

convenience.

Let to if dutters

-

##: +1-48983-2062

Enclosure

Sincerely,

Lloyd n fetter

Lloyd N.

Cutle:

BEGINN

65-75672-42

Copy made for Tele. Ri.

9/21/74

18 OCT :3

1974

This document is prepared in response to your request and is not for dissemi-

ration outside your Committee.

our Commictee and the conteut

Its use is limited to official proceedings by

nex 0s0

express mo

prost man dishes ommo init

55279

7001d: 32989

Page

37

---

## Page 38

RIOMOAN CUTLER

CUTLER

JOHN H PICKERING

HANUELE FOMEN

HUGHR H SMITH

LOUISE ODERDORFER

I ROGER WOLLENDERG'I

CHARLES C GLOVER II

MARSHALL HOANDLOWER

MENRY? RATHOUN

REUDCH CLARK

SAMUELI

LAMAHAN

WILLIAM A PERLT

SAMUEL A STIAN

ARNOLO M LEAMAN

ROBERT P STRANAHAN. JR.

MAX O TRUITT. JR.

JOEL ROSENBLOON

HOWAROP WILLENS

ANDREWT A MAÇDONALO

ROBERT A MAMMOND. IL

DANIEL A MATERS

TIMOTHY B DYK

DAVID A ANDERSON

ROOCRICK HELLER. IDI

ARTHUR F. MATHEWS

JAMES S. CAMPBELL

DENNISH TUNNENT

, DANIEL MARCUS

JAMES ROBERTSON

RAYHOND C. CLEVENGER. IIT

LOUIS MOONEN

MICHAELR KLEIN

STEPHEN A.WEISWASSER

EZEXIEL G. STODDARD

ALFRED E DAVIDSON

GERARD C

SMITH

COUNSEL

WILMER. CUTLER & PICKERING

1666 K STREET. N. W.

WASHINGTON. D. C. 20006

CABLE ADDRESS. WICRING WASH.. D.C.

INTERNATIONAL TELEX 440-239

TELEX: 89 2402

TELEPHONE 202-872-6000.

EUROPEAN OFFICE

5. CHEAPSIDE

LONDON. ECZV GAA. ENGLAND

TELEPHONE 01-236-2401

TELEX. 851883242

CABLE ADDRESS: WICRING, LONDON

RICHARD A ALLEN

PETER O BCWLEY

STEPHENF

ALACK

L. DURACK

RICHARD

CASS

CHASE

DIETCH

R. FARRAND

GOLDBERG

GRAT

ROBERT C

GREENE

HACKER

ALLEN

H.HARRISON.JR.

MICHAEL S.MELFER

CHARLES E. HILL

PAUL

HUDSON

C.LORING JETTON.JR.

DAVIOR JOMNSON

SALLY

XAT2CN

ROBERTK KELLEY

NEILI

JOMN

KING

NOEL ANKETELLNA

DAVID LAKE

JA.

WILLIAHT

Land

CARY

n. LERMAN

ROBERT

B. MCCAW

MARY

NCREYNOLDS

A, DOUGLAS MELAMEO

DAVIO

PAUL

ROBERT A MORRIS

JACK B

OWENS

PHILLIP L.RAOO*E

JOHN ROUNSAVILLE.JI

DEANNE

SIEMER

THEODORE S.SIMS

J. B. STEPMENS

DOUGLAS G.THOMPSON

VADONN C-WILLIAMS

GARY D. WILSON

WALTER T.WINSLOW, JUR

September 23, 1974

William B. Saxbe, Esq.

Attorney General

Department of Justice

Washington, D. C. 20530

$ 342-6191

ALL INFORMATION CONTAINED.

RETN IS UNCLASSIFIED

Dear Mr. Attorney General:

As counsel for Mr. Joseph Kraft, I am writing

about the disposition of the files relating to the results

of the personal and electronic surveillance of Mr. Kraft

and the members of his family and household, conducted

by the Federal Bureau of Investigation and by officials

lor employees of the White House in 1969.

Testimony before

the Senate Select Committee on Presidential Campaign •

Activities, the House Judiciary Committee, and three

Senate subcommittees

investigating warrantless wiretapping

and electronic surveillance has indicated that the files

concerning these activities are now in the possession of

the Department of Justice.

As you are probably aware, evidence made public

by these congressional committees has indicated that a

wiretap was placed on the telephone at Mr. Kraft's residence

in June, 1969, by persons employed by the White House.

The orders for the tap apparently came from Mr. John

Ehrlichman, who has testified that he discussed the matter

with former President Nixon. The tap was subsequently

removed, apparently because Mr. Kraft was out of the

country at the time. Shortly thereafter, Mr. William

Sullivan, a special assistant to the Director of the

Federal Bureau of Investigation, acting on the instruc-

tions of the Director and apparently of MI. Erhlichman,

This document is prepared in response to your request and is not for dissemi-

nation artside your Committee.

Its use is limited to official proceedings by.

your Cormittce and, te content may nut be disclosed to unauthorized person-

nel without the express approval of the FBl.

55279 DocId: 32989671 Page 38

---

## Page 39

•2=

went to Paris and arranged for an electronic listening

device to be placed in Mr.' Kraft's hotel room.

Later,

in the fall of 1969, Mr.

Sullivan also arranged for spot

surveillance of Mr.

Kraft's activities in Washington and

requested the Attorney General's approval for another

wiretap. That approval was apparently not given.

Files containing logs of the Paris surveillance

and other documents relating to the activities described

above, including summaries and internal memoranda consti-

tuting requests for various investigative activities, are

apparently contained within several files labeled with

Mr. Kraft's name or with the code word "CATO."

These files

were originally F.B.I. files, and were temporarily in the

custody of the White House until they were recovered by

Mr. William D. Ruckelshaus when he was serving as Acting

Director of the ?.B.I.

They are apparently presently being

held by either the F.B. I. of the Department of Justice.

Mr. Kraft has asked that we formally request

from you that the original files and all copies which have

been made be destroyed.

The record developed during the

House Judiciary Committee's' impeachment proceedings, as

well as the evidence gathered by other congressional

committees, raises grave questions about the legality of

• these surveillances.

Mr. Ruckelshaus, who has examined

the files, has testified publicly that in Mr. Kraft's case

there was not an adequate national security justification

for the surveillances,

and that the files did not indicate

that anything Mr. Kraft did posed any danger to the national

security. Hearings on Warrantless Wiretapping and Electronic

Surveillance, Senate Subcommittee on Administrative Practice

and Procedure, Committee on the Judiciary, May 9, 1974, at

316.

However the legal issues might be resolved, President

Ford's recent statement on the subject confirms that at the

very least such activities are improper and not to be

countenanced.

Accordingly, on behalf of Mr. Kraft, we request

that you take steps to destroy all files relating to the

results of the surveillance of Mr. Kraft, his family and

household, and advise us that the destruction has been

accomplished. So far as we know,

there is no law enforce-

ment reason why the files containing the results of these

improper and unproductive surveillances should be retained,

lor any other. reason of government policy that would overcome

1H 55279 DocId:32989671 Page 39

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## Page 40

• 3 =

Mr. Kraft's rights of privacy as a citizen to have these

records destroyed so that any future dissemination of

their contents will be impossible.

Mr. Kraft and I would appreciate the opportunity

to meet with you at your convenience to discuss these

matters.

Sincerely,

• Lloyd N. Cutler

Frica Güitten

IN 55279 DocId: 32989671 Page 40

---

## Page 41

#5:342-679

ATL INFORMATION CONTAINED

HEREIN IS UNCLASSIFIED

DATE

315-95 5X5P12 BTS T

September 27, 1974

+9 65-75629-42

Lloyd N. Cutler, Esq.

Wilmer, Cutler and Pickering

1666 K Street, Northwest

Washingion, D. C.

20006°

I - Mr. Adams

1 - Mr. Wannall

1 - Mr. Marshall

1 - Mr. Walsh

1 - Mr. Mintz

nel without the

Dear Mr. Cutler:

Thank you for your letter of September 23, 1974,

advising of the concern of your client, Mr. Joseph Krait, and

for furnishing a cony of your related letter of the same date

express. approval of

addressed to the Attorney General.

You may be assured that we will be in contact

the FBI

with the Attorney General to discuss the matter presented by

your letters. We will be guided by decisions murally agreed

upon with the Attorney General and certainly you will be advised

appropriately.

Sincerely yours;

MAILED 20

SEP 3 01974

FBI

C. M. Kelley,

Clarence M. Kelley

Director

your Committce and the content may nut be disclosed to unauthorized person-

nation

outside your Committee.

Its use

limited to official proceedings by

This document is prepared in response to your request and is not for dissemi-

NOTE: Based on memo Legal Counsel to Mr. Adams 9/26/74, captioned

"Lloyd N. Cutler, Attorney for Joseph Kraft;" JAM:mid.

Dir.

AD Adm. -

AD Inr. _

Dir.:

ins.

p. Syst. -

Affairs

is & Com.

* Inv.

€ (8),

recpion

11. -

oratory -

p. 8 Eval. -

to inv. —

mine

;"

15 57 6did

18-1974

shone Rm. -

To H57, 55279MAbB9@MI29896 7ELEXPF YAT L

Li

5-75629

---

## Page 42

ROM

UBJECT:

OPTIONAL FORM NO, 10

MAY 1962 EDITION

"TOSA GIN, REG. NO. 21

UNITED STATES GO

ER

Memorandum

5010-106

:

ENT

Mr. J. B. Adams

Legal Counsel

DATE:

10/24/74

#349-679

ALL INEORMATION CONTAINED

HEREIN IS UNCLASSIFLED

DATE 315-95 BY SP-12 BTS|7C

-19

LLOYD N..

CUTLER

-ATTORNEY FOR

JOSEPH KRAFT

AssoG. Dir -

Dop. AD Adm. -

Dep. AD Isr. -

Asst. Dir.:

Admin. -

Comp: Syst. -

Ext. Affairs

Filos & Com.-

Gan. Inv. -

liens. -

Inspection —

Intoll. _

Laboratory -

• Plon, & Evol.

рос. Кої

rainin

Lagal Coún..

EFFILIATED

- WITH WILHER CUTLER ANG PICKEEPL

iLd: Diractor Soc'y -

My memorandum of september 46, 1974, advised concerning

a letter we received from Mr. Cutler representing Joseph Kraft in which

they requested destruction of certain surveillance files they alleged were in

the possession of the FBI concerning Mr. 'Kraft. Our letter to the Attorney

General dated October 15, 1974, enclosed a proposed letter for the

Attorney General's signature addressed to Mr. Cutler advising him that

• his request for the destruction of certain files must be denied. The

Attorney General signed the letter and it was sent dated October 21, 1974.

On October 24, 1974, the Director's Office received a copy

• of a letter Mr. Cutler prepared in response to the Attorney General's

letter of October 21st. A copy of the October 24th letter from Mr. Cutler

is attached and indicates a renewal of their request to have the files

destroyed. The letter furnishes additional arguments for destruction

of the files and insists on a meeting with the Attorney General and the

Deputy Attorney General.

We received only a copy of the letter addressed to the Attorney

General and no immediate action is required on the part of the FBI. However,

this matter is being pursued by a contact with the Department.

RECOMMENDATION:

REC

ENCLOSURE

Enc.

1 - Mr. Callahan

1 - Mr. Adams

1 - Mr. Wannall

1 - Mr. Mintz

None; for information.

65-74629-46

.. sal.)

ВЕСЕ!?: ОСТ 25 1974

JA Namidocument is prepared in respond

to your request and is not for dise?

(5)

natiogresome your Committee.

is use as limited to official proceedin

your climittee und the content man nut be disclosed to unauthorila

nel without the express approval of the FBl..

ISE

HH 55279 DocId: 3289671 Paye 42

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## Page 43

Assoc. Dir.

Dap. AD Adm. -

Dop. AD Inv. -

Asst. Dir.:

Admin. a

RICHARO:

WILMER

HOll A PICKERINE

MAMUEL F. COMEN

BERDOREEA

EMBERG

NELOWER

WILMER, CUTLER & PICKERING

1666 K STREET. N. W.

WASHINGTON. D.C. 20006

Comp. Syst. -

ALLEN

Ext. Affairs.

Filos & Com.

Gen. Inv. -

PERLIK

MAMAN. JR.

ALDONLA

КОЗИРТА НАННОМО, 201

ANDERSON

HELLER. IlL

HEWS

CABLE ADDRESS: WICRING WASH.0.C.

INTERNATIONAL TELEX: 440-239

TELEX: 89-2102

TELEPHONE 202-872-6000

EUROPEAN OFFICE

S, CHEAPSIDE

LONDON, ECZU GAA, ENGLANO

TELEPHONE 01-238-2401

TELEX: 851883242

CABLE ADDRESS: WICRING, LONDON

Ident. -

•CORASH

• DIETCH

A-GERARO

Inspection

Intell. -

Laboratory

SON. JR.

JETTON. JA,

Legal Coum?

Plan. & Eval.

Spec. Inv. -

Training -

DAMIEL MARCUS

Telephone Rm. -

RAYMOND C. CLEVENGER, I

LOUIS R.COMEN

MICHAEL R. KLEIN

October 24, 1974

Director See'y -

STIPHEM A WEISWASSER

ZERIE

CHARD C

AVIOSO

SMITH

COUNSEL

Honorable William B. Saxbe

#342-679

The Attorney General of the United States

Department of Justice

Washington, D. C.

20530

ALL IVPORMATION CONTAINED

HEREIN IS UNCIASSIFIED

Dear Mr. Attorney General:

DATE 3-15-95 BX SP12 BT7/1€

This is in reply to your letter of October 21, 1974

in response to my letter of September 23, 1974 concerning

the records resulting from the 1969 surveillances of Mr.

Joseph Kraft.

With deference I must say that I find your letter

unresponsive to the points raised in my letter and wholly

at variance with the efforts made by your predecessor,

Mr. Richardson, and his Deputy, Mr.

REuckelEnaus, to pi/ - 46

right the wrong done to MI. Kraft.

ENCLOSURE'

In your letter you appear to proceed on the premise

that the surveillances of Mr. Kraft were lawful. As our

letter stated, MI. Ruckelshaus testified before a Joint 0 OCT 2{1974

Subcommittee of the Senate Committees on the Judiciary

5790.Gda

BEGAN

This document is prepared in response to your request and is not for dissemi

ife. alanation outside your Committee.

Its use is limited to official proceedings bj

your Crumittee and the content may nut be disclosed to unauthorized person

- 177 55279 "DoeId 32989671

Page 13.

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## Page 44

'2

and Foreign Relations on May 9, 1974, that in his judgment,

• .

after reviewing the files, there was no valid national

security justification for the surveillances. In so doing,

he was confirming statements previously made by him directly

to Mx.. Kraft and me while he was Deputy Attorney General

or Acting Director of the Bureau.

Lacking any valid national security justification,

the surveillances were wholly illegal. They were conducted.

on a United States citizen - a journalist entitled to the

most scrupulous official regard for his First Amendment

rights - without a warrant, and in the case of the wiretap

at Mr. Kraft's home, without even a written authorization

from the Attorney General or the Director of the Bureau.

• Under these circumstances

we can see no justifica-

tion for the Department of Justice or the Bureaú to retain

the fruits of illegal surveillances, involving a detailed

record of Mr. Kraft's .contacts and conversations in the

pursuit of his profession over an extended period of time,

as well as personal conversations within the Kraft family

and between Mr. Kraft or his wife and their friends.

Insisting on retaining these fruits seems particularly

difficult to understand in a new Administration that is not

responsible for the illegal surveillances and that is pub-

licly dedicated to defending the right of individual privacy

against official intrusion.

HW 55279 DocId:32989671 Page 44

---

## Page 45

= 3-

We recognize that various clearances and waivers

may be necessary if the records of even illegal surveil-

lances are destroyed. This is why Mr. Kraft and I requested

an opportunity to meet with you and with the Deputy Attorney

General before you replied to our letter. We have every

reason to believe that the problems of clearances and waivers

could be worked out.. In such a meeting, it should be possible

find a practicable solution that would free the Department

from the embarrassment of holding the unwanted fruits of an

illegal surveillance, while. at the same time assuring Mr.

Kraft and his family that, even within government intelli-

gence circles, these illegally obtained records of their

•conversations can never be disclosed.

Mr. Kraft and I therefore respectfully but insistently

renew our request for a meeting.

Sincerely,

Hoyd 1 Filler

Lloyd N. Cutler

Copy to:

Laurence Silberman, Esq.

Deputy Attorney General

>Clarence M. Kelley

Director,

FBI

Joseph Kraft

HH 55279

DooId:32989671 Page 45

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## Page 46

The Attorney General

Director, FBI

REQUEST OF MR. LLOYD N. CUTLER

REPRESENTING MR. JOSEPH KRAFT

TO DISTROY ALL ETILS RELATING O

TO SURVELLLANCE OF MR. JOSEPE KRAFT

October 15, 1974

1 - Mr. Adams

1 - Mr. Wannall

1 - Mr. Marshall

1 - Mr. Walsh

1 - Mr. Mintz

+L61

100

nel without the

My memorandam to yea dated Saptember 27, 1974,

advised of my desire to reach a mutually acceptable policy for

responding to Mir. Cutler's request. The policy stated in the

altached, undated dratt letter, prepared for your approval and sig-

nature by our legal Counsel, was approved by Associate Leputy

Attorney Cenaral James A. Wilderotter and by Mir. William Boiles,

Counselor to the Attorney Generai, on Cetover 10, 1974.

your Committee

express

and the

nation outside your Committee.

Enclogure

FBI

+. I - The Deputy Attorney Gezeral

If you concur in the policy statement and sign tbe

attached Graft letter, it will serve to respond to lar. Cuter's

lotters to you and to me.

#342-679

ALL FURMATION CONTAINED

HEREIN IS UNcLASSITIeD

SATE 3-15-95 BY SP/Q BT

the

content may nut

Its use 25

1 - Assistant Attorney General

Criminal Division

1 - Assistant Attorney Ceneral

QREG

65-75622-

÷ 44

Office of Legal Counsel

be disclosed to unauthorized

limited to offerial

ENCLOSUR

H71r

OCT 24 1974

NOTE!

Based on legal Counsel to Mr. Adams memorandum 9/26/24,-

person-

proceedings

Ihis document is prepared in response to your request and is not for dissemi-

captioned 'Lloyd N. Cutler, Attorney fer Joseph Kraft, " JAM:mid

JAM:mid

(11)

AD Adm.

AD inv.:

• Syst.

Affairs

& Com. -

Inv..

crion

ratory

-& Eval. -

ing -

Cour. -

one Rm. _

" Sect 55279

MAIL ROOM L

TELETYPE UNITI

DooId:32989671

Page 46

WTTh

Vealer

1311

BECELICO

MACOLOU

Jon,

---

## Page 47

Lloyd N. Cutler, Esq.

Wilmer, Cutler and Pickering

1060 K Street, Northwest

Washingtoa, D. C. 20006

Dear tir. Cutler:

5342-679.

483%.

ALLAINFORMATION CONTARED

HEREIN IS UNCLASSIFIED,

DAVE 3: -15-45 8450/26 ple

Thic letter will respond to your recent letters to the

Dircetor of the E I and to me concerning Mr. Joseph Krait.

It is the general policy of the Department of Justice to

decline to confirm or deny allegations of electoric surveillance

except as may he necassary for liligation. 'Theretore, my reply to

yone request that certain files be destroyed must be drawn in terms

of the general polloy concoming all clectronie surveillance files of

the Department including files of the Fat.

It is also our policy that any information secured from

an electionio surveillance, whether pursuant to a statute and a court

order or an authorization of the Attorney General for national security

purposes, is banciled in tie strictest confidence, restricted on an

abaolute need to know bosts and retained in accordance with the law,

In this connection, the Federal law concerning court-authorized

electronic surveillance strictly limits the uses to which such informa-

tion may be put and requires that recorcings of any overheard conver-

sations be maintained fos at least ton years. While all of these

requirements are not logally applicable to national socurity surveillances,

we lave nonetheless sought to follow a practice of retaining records or

such electronic surveillances so that we would be in a position to

appropriately respond to court orders issued in connecton with criminal

or civil litigation. Lestruction of records such as these could operate

Dir. -

AD Adm. =

AD Inv. -

Dira:

La Syste

Affoirs

& Com. -

Inv..

JAM:mfd

ietion

ration one your Commiltee.

This document is prepared in response to yourprequest and is not for dissemi-

Its asse is

amited to official proseedings by

unn Crit's an" tus content may nut be disclosed to unauthoried person-

nel sittin the soress approvat of the

corory

& Evol.

Inv. -

ling

Coun.

cono Rm. -

"Sac" 55279

MAIL ROOM [

TELETYPE UNIT C

Bureaw Hack"

HH

DocId: 32989671 Page 47

good.

---

## Page 48

Lloyd N. Cutler, Esq.

to the detriment of an individual in the course of litigation as weil

as to the detriment of the legal position of Government. Further,

any records held which relate do certain national eecurity electronic

surveillance undertaken in 1969 have assumed an evidentlary

significance in proceedings before Congress and elsewhere.

Con-

sequently, destruction of any such records would ke particularly

inappropriate as well as possibly unlawful.

This Department is aware of the problem of invasion of

privacy that is involved in national security surveiliances, and it is

our policy to insure that such overhearings are unlised only for

legitimate and strictly limited governmental purposes. I am sure

that you will appreciate tant retention of ail such electronic curveillance

records, under appropriate safeguards, is the best protection against

abase or claims of abuse, and therefore I must deny your request.

Very truly yours,

Attorney Ceneral

1: - Director, FBI

55279

DocId: 32989671

Page" 48

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## Page 49

• OPTIONAL FORM'NO, 10

MAY 1982 POITION

DISA ERN. NIG. NO. 21

UNITED STATES, GOVERN

Memorandum

3010-106

NT

Mr. J. B. Adams

DATE: •

5/12/75

oM

: Legal Counsel

BJECT: LLOYD N. CUTLER

#342-679

ATTORNEY FOR JOSEPH

KRAFT SE INFORMATION CONTAINED

HEREIN IS UNCIASSIFIED

DATE 3+5-95 BYSPIa BT2/7C

Reference is made to memorandum of Legal Counsel

to Mr. Adams dated 3/28/75,

captioned as above,

which

requested the comments of the Intelligence Division and

the Files and Communications Division concerning a proposed

agreement between the Attorney General and Joseph Kraft

relating to records of

an electronic surveillance of kraft.

Enclosed is a letter from the Attorney General to

Mr. Cutler dated 5/2/75, indicating the Department is

implementing this agreement; also enclosed is a letter from

the Attorney General to the Director dated 5/6/75 requesting

the Bureau to do what is necessary for implementation.

ACTION:

The Intelligence Division and Files and Communi-

cations Division are requested to immediately take the steps

necessary to bring the Bureau into compliance with this

agreement, and to notify Legal Counsel when this has been

accomplished, so that the Department may be advised the

Kraft surveillance records have been sealed.

KBM

Enclosures (2)

Mr.

MI •

MT o

W.

R. Wannall

J.

McDermott

A.

Mintz

P.

T. Blake

PTB: 1sy

(6)

(Enclosures

(Enclosures

(Enclosures

(Enclosures

3 JUL 241975

Assce. Dir. -

Dep. AD Adm. -

Dap. AD Inv. -

Asse, Dir.:

Admin..

• Comp. Syst. -

ixt. Affair

Gen. Inv. -

inspection

Incall. -

Laborasory-

Plon, & Eval. -

Spoc. Inv. —

Training _

Legal Coun. _

Telephone Rm. -

Diractor Sac'y -

net without the express approval of the FBI

your committee and the content may not

nation outside your Committee.

It's use

be disclosed to unauthorized

gerson.

limited to official proceedings by

This document is prepared in response to your request and is not for dissemi-

File Pis

"LAULOSURE

107r

HH 55279

DooId: 32989671 Page 49

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## Page 50

$ OPTIONAL FORM NO. 10

I JULY 1973 EDITION

GSA FAMR (41 CFRI 101.11.0

UNITED STATES GOVERN

&NT

Memorandum

Clarence M. Kelley, Director

Federal Bureau of Investigation

DATE:

May 6,

ROM:

Edward H. Levi

Attorney General

blandle

BJECT: Agreement with Joseph Kraft

Attached is a copy of an agreement with Joseph Kraft with

regard to material in FBI files describing conversations

overheara during electronic surveillance of Mr. Kraft.

The Bureau's Legal Counsel staff helped in its preparation.

This agreement is a good temporary solution to the problem.

of what to do with this material. The committee working

• on guidelines for the collection, dissemination and reten-

tion of information should come up with a more lasting

solution.

The agreement requires that this material be removed from

general FBI files and put under seal. Only one index card

under Mr. Kraft's name may remain in the general index.

That index card may refer to the location of the material

under seal but should not describe the contents of the

overhearings.

Please take whatever steps are necessary in order to imple-

ment this agreement.

Dep.-A.D=-Adirt

Asst. Dir.:

Admin. -

Comp. Syst.

Ext. Affairs

Files & Com.

Gen. Inv. -

Ident. -

Inspection

191h5ell. .--

Laboratory

Plan. & Eval.

-

Spec. Inv.

Training -

Lugal Count

Telephone Rm.

-

Director Sec'y

I'ms document is prepared in response to your request and is not for dissemi.

nation. outside your Committee.

Lu got no one the end the contes of

•Its use is limitea to official proceedings by:

your Currmittee and the content may nut be disclosed to unauthorized person

Tent

wait to Came

the FBI.

5/12/05 PTB: lay

REC 88

#342-679

SOSTATE

ENCLOSURE

65-45629162

/CLOSURE

3 JUL 24 1975

): SEL

int

HH

DocId: 329 BayU. Paleungs Bonds Regularly on the Payroll Savings Plan

---

## Page 51

Office of the Attuney General

Washington, H. C. 20530

May 2, 1975

5342-619

ANG NOT MORBASZION CONTATIED

Lloyd N. Cutler, Esquire

Wilmer, Cutler & Pickering

1666•K Street, N.W.

Washington, D.C.

20006

Dear Mc. Cutler:

Pursuant to our discussions concerning the disposition of

certain records relating to the surveillance activities

directed at your client, Mr. Joseph Kraft, the Department.

is making the following temporary arrangements:

1.

Pending further Departmental action relating

nel

without the epicis anice.

your Commitee a. " the conter mar nut b

nation outside your Committes.

to

lim?*-i to

vrauthorized person

official proceedings by

This document is prepared in response to your request and is not for dissemi-

to the policies which will govern records of the

type involved in Mr. Kraft's case, all documents,

recordings, or other records of any type in the

Department's custody or control which constitute,

sunmarize, or describe the contents of the over-

hearings obtained as the result of any electronic

surveillance directed against Mr. Kraft and mem-

bers of his family will be placed under seal.

2.

As long as the items described above remain

under seal, no official or employee of the Depart-

ment will have access to them for any purpose, and

no official or employee of the Department will

allow any person outside of the Department to have

any such access, except as described below.

The

only material referring to these items will be a

single index card needed to locate the sealed items.

The index card will bear only Mr. Kraft's name and

a file number.

3.

Should some future need which we do not now

foresee require any official or employee of the

Department to obtain or permit access to the

aforesaid items, the decision on such access shall

be made personally by the Attorney General. The

Attorney General shall not grant any access without

notifying Mr. Kraft or his counsel in writing at

least ten days prior thereto, and providing him or

65-49627-

CLOSURE

HN 55279 DocId:32989671.

Page 51

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## Page 52

• ∞2-

them an opportinity to discuss the matter per-

sonally with the Attorney General before the

grant is made.

The notice shall set forth the

date upon which access will be permitted if it is

granted, and the purpose for which and person by

whom access is sought. The Attorney General will

personally inform Mr. Kraft or his counsel of a

decision to grant access as soon as practicable

after it is made, but in any event at least five

business days before access occurs.

4.

Although this arrangement is not intended to

constitute a permanent solution to the questions

you have raised concerning these documents, it

will not be rescinded or modified by the Attorney •

General or his successors unless the Attorney Gen-

eral gives Mr. Kraft or his counsel ten days'

prior notice and affords him or them an opportun-

ity to discuss the matter personally with the

Attorney General before he rescinds or modifies

the agreement.

If the Attorney General then

decides to rescind or modify this agreement he

shall personally inform Mr.

Kraft or his counsel

of

that decision at least five business days before

it is implemented.

As a result of our discussions, I understand that this

temporary arrangement is acceptable to Mr. Kraft, of course

without waiver of any legal rights he may

have as a result

of prior surveillances.

As I advised you, we are working

now on general.

- policy determinations which, we hope, will

offer a permanent solution to the problem this settles temp-

orarily.

Of course, under the terms of this agreement we

will notify you of any policy determination which woula

involve a modification of this agreement.

Until a final policy is determined, this agreement should

assure Mr. Kraft that no person will read or otherwise use

these documents in any manner so long as they remain under

the seal arrangement.

Sincerely,

21.1

Attorney Goneral

HH 55279 DocId:32989671 Page 52

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## Page 53

OPTIONAL MORM NO, 10

MAY IR'A EDITION

15:8A 691. 160.NO.37

UNITED STATES GOVER

Memorandum

: Mx. W. R. Wannall d),

9010-106

Assoc, Dir.

DATE:

ROM: A.

B. Fulton

JBJECT:

LLOYD N. CUTLER

ATTORNEY FOR JOSEPH

KRAFT

1

- MI.

.

.

McDermott

Dop. AD lQŸJ

Mr.

J.

A.

Mintz

As88. Dir.ii

Admin. -

- MI.

W. R. Wannall

Comp. Syst. -

Ext. Affairs

6/10/75

Filos & Com. -

Gon. Inv: -

Ident. -

- Mr.

A. B. Fulton

Inspoction

R. H. Ross

Intell. k

Logod town

#342-6,79

Legal Con

AUL INFORMATION CONTAINED

Plan. & Eval. -

Spec. Inv. -

GREIN IS UNCLASSIFIED

Training —

DATE 3-15-95 BY SP-2 3512C elephona Ro. -

Director Sac'y -

Reference is made to memorandum of Legal Counsel to

Mr. Adams, 5/12/75, captioned as above, which requested

Intelligence Division and Files and Communications Division to

take steps necessary to bring the Bureau into compliance with an

agreement between the Attorney General and Joseph Kraft relating

nel without

to records of an electronic surveillance of Kraft.

7.

the

your Committce

Attached are two search slips containing a listing of

all main files on Kraft and all references subsequent to 1968

and a listing of serials to be sealed.

Unit Chief Paul Donahue, Legal Counsel Division, was

contacted regarding the terms of the Attorney General agreement.

The agreement specifies that only documents, recordings or

at to content man

nation outside your Committee.

other records which describe the contents of the overhearings

Its use

obtained from any electronic surveillance directed against Kraft

and members of his family are to be sealed. Specifically this

agreement pertains to July, 1969, when Kraft was monitored while.

in Paris, France.

It was

agreed

that only those documents of

records reporting the contents of the overhearing would be

required to be sealed as distinguished from documents or records

which refer to the fact that Kraft was monitored.

2 14201-6

This document is arepared in response to your request and

All main files listed on the attailed routing slips

were reviewed for documents fitting the criteria of the agreement

All references from 1968 on were similarly reviewed. The only

a list of these serials is attached.

proceedings by

not for dissemi-

MI. 2: 1975

All copies of the documents listed in the attachment

designated for retention by the FBI were located except one "Copy.

of serial 22. The original of this serial shows a copy

Enclosures

65-75629

9311°

1J?

5-

PIR

RHR: kjg/

(6)

CHOLOSURE

1POCId: 32989671 Paye 53

iPi

i :

TED.

CONTINUED - OVER

155

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## Page 54

Memorandum to Mr. W. R. Wannall

""RE:

Lloyd N. Cutler

Attorney for Joseph Kraft

65-75629

(designated to Liaison Section. Liaison Section reviewed its

tickler files but could not locate

the copy. It would appear

the copy was destroyed rather than routed when it was received

at FBIHQ in 1969.

The file does not disclose the disposition of the

actual tapes of the overhears.

It is noted that the French

authorities requested the original tapes returned to them.

The only transcripts of the overhears which were located are

contained as an enclosure to 65-75629-16.

Further, Legat,

Paris, advised by airtel dated 9/26/73 (65-75629-37) that his

office had no material whatsoever containing overhears.

He

recalled that no file was created at the time of the overhears

and that all correspondence to him from w. C. Sullivan was

personal, was not filed and from his recollection, destroyed.

•By previous agreement Files and Communications

Division will conduct a review for abstracts which were possibly

prepared regarding some of the correspondence listed in the

attachment. • If the abstracts exist and contain information as to

the content of the overhears then they too must be sealed.

completion of the sealing a single index card as to location of

the sealed documents can be prepared since this is allowed

by the Attorney General's agreement.

The review of 68-75629 disclosed that Mr. Chuck

Breyer, Watergate Special Prosecutor Force (WSPF), reviewed the

Kraft material.

noted in the file that Breyer was "permitted to review material

india san tea our go

This was done on or about 1/4/74 and it was

may wish to advise the Attorney General of this review since the

WSPF may possess notes as to the contents of the overhears and

if so they would appear to be subject to the terms of the

agreement.

CONTINUED - OVER

HH • 55279 DocId: 32989671 Page 54

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## Page 55

Memorandum to Mr. W. R. Wannall

RE: Lloyd N. Cutler

Attorney for Joseph Kraft

65-75629

RECOMMENDATION:

1. That file

62-15629 be furnished to Files and

Communications Division for removal of the above serials, for

review of abstracts and the actual sealing.

2.

Upon completion of sealing. Legal Counsel Division

should be advised so they may in

turn advise the Attorney General

of compliance by the FBI.

fitt

PaM

55279- TocTA: 32989671

Page 55

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## Page 56

2. is

*342-679

•AUL INKGURUHTON CONTAINED

no alstront

884

65-75629

- Serial 9 - six page handwritten note, 7/7/69, with

one enclosure written in the French

language.

Serial 12 - Informal letter, 7/10/69, W. C. Sullivan

to J. E.. Hoover (original and one copy).

Serial 13 - Informal letter, 7/10/69, W. C. Sullivan

to J. E. Hoover

(original and one copy).

Serial 14 - Informal letter, 7/11/69, W. C. Sullivan

is not for dissemi-

amarea to offrcral. proceedings ur

resense to. you request and

Corami!' er.

the corter " mar nut b: disclosed to unauthorized peron

to J. E. Hoover (original and one copy).

Serial 15 - Informal letter, 7/12/69, W. C. Sullivan

to J. E. Hoover (original and one copy).

Serial 16 - Informal letter, 7/14/69, W. C. Sullivar

to J. E. Hoover

original and one copy

with

two enclosures.

3010

ant

express approval of the FBI

Serial 17 - Informal letter, 7/14/69, W. C. Sullivan

to J. E. Hoover (original and one copy).

Serial 18 - Memorandum, 7/15/69, W. C. Sullivan to

DeLoach (original only).

Serial 19 - Letter to Honorable John D. Ehrlichman,

Counsel to the President, The White House,

from J. E. Hoover, 7/15/69 (yellow copy

only):

Serial 20 - Cablegram to Legat, Paris, 1/16/69,

captioned "CATO."

document

This

nation outside

your Comruittce

the

nel without

serial 22 - IcATo," (original and one copy) with six

Paris, teletype, 7/31/69; captioned

search slips attached.

Serial 23 - Legat,

Paris, teletype, 8/5/69, captioned

"CATO," (original and two copies) •

Serial 24 - Blind Memorandum, 8/6/69, captioned "CATO,

(original only).

All abstracts in Numbering hit located and sealed.

hit located and sealed except

All abstracts in Sewice Whit located and sealed except.

abstracts for Serials 3, 20, 21 and 44.

65+156-29-63710175

- -NH 55279

_Doc10:32989671

Page 56

PFS

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