Originator: HSCA
From: HSCA
To: DOJ
Document date: 10/13/1977
Document type: PAPER-TEXTUAL DOCUMENT

## Page 1

JFK Assassination System

Identification Form

Date:

4/12/201

Agency Information

AGENCY :

RECORD NUMBER:

RECORD SERIES :

FBI

124-10371-10095

HQ

AGENCY FILE NUMBER: 62-117290-ADMIN FOLDER-J1

Document Information

ORIGINATOR: HSCA

FROM:

HSCA

TO :

DOJ

TITLE :

DATE: 10/13/1977

PAGES: 243

SUBJECTS:

HSCA ADMINISTRATIVE FOLDER, HSC-A TICKLER VOLUME

1

DOCUMENT TYPE: PAPER, TEXTUAL DOCUMENT

CLASSIFICATION: Unclassified

RESTRICTIONS: Not Assassination Related

CURRENT STATUS: Redact

DATE OF LAST REVIEW: 03/21/1999

OPENING CRITERIA: INDEFINITE

COMMENTS:

INC FOLDER, CARD, COVER SHEETS, LET, MEMO, AGREEMENT, A/T, TTY, PRESS

RELEASE, NEWS ARTICLE, CONGRESSIONAL RECORD, REPORT, BILLS, NOTE, ENV,

PROCEDURES

IH 56829 DocId: 32319564

Page 1

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## Page 2

HH

Assistant Attorney General

Office of Legislative Affairs

Director, FBI

1 - Mx. Adams - Enc.

1 - Mr. Gallagher - Enc.

1 - Mr. Leavitt - Enc.

November 18, 1976

1- - Mr. Mintz - Enc.

2 - Mr. Daly - Enc.

FEDERAL GOVERNMENS

HOUSE SELECT COMMITTEE ON ASSASSINATIONS

N2IHS014912

Reference is made to Chairman Thonas N. Downing's

request contained in his letter of November 2, 1976, addressed

to the Attorney General, requesting certain information con-

cerning the assassinations of President John F. Kennedy and

DI. Martin Luther King, Ji.

You referred the aforementioned request to the FBI

for comments concerning access to FBI files.

In this fegard,

I believe that this Committee should be granted the same

degree of access for appropriately cleared personnel as was

granted to the House Select Committee on Intelligence

Activities (HSC) and the Senate Select Committee on

Intelligence Activities (SSC).

I am taking the liberty of

enclosing a copy of the agreement between the Attorney General

and Chaizman Frank Church of the SSC concerning access to FBI

Illes.

!!. 1.9-1

I wish to advise you in connection with the FBI's

investigation into the assassination of DI. King that the

news media has reported James Earl Ray who was convicted in

that matter has petitioned the Supreme Court io review his

case.

As to the other information requested in Chairman

Downing's letter, the FBI does not have summaries of its

investigations into these two matters nor does it have an

itemization of material contained in FBI files pertaining

to these investigations which might not have been

disseminated

to "any other individual

62-1172

DELI'S

Assoc. Dir._=.

Dop. AD Adm. -

It would appear

advantageous to meet fitsArepre-

Dop. ADI-sentatives of the connittee so that they might generatie

Asst. Dira:

Adm Sor. informed as to the FBI's filing systen and in a general fashion,

Ex, Atie_conterning the FBI's investigations into the two assassinations

in. If identified in their letter 'so that the Connittee might better

in understand what information is in the possession of the fBI.

Inspection #

Intoll. -==

Loboratoy ENCLOSURE

I BE HAND DELEGO BY

Logal Coụn. Enclosi

ure

OFFICE OF CONGROSCIONAL AFFAIRS

lon. & Evol. PVD: lac

(LEGAL COUNSEL DIVISION)

SEE NOTE PAGE 2

ec. Mgnt._.

(9)

AP

ALL INFORMATION CONTAINED

Training

a Cared;

Tolophono Rm. =

Director Sec'y -

117 MAIL ROOM,

TELETYPE UNFEREIN IS UNCLASSIFIED

445: DO2TH: D02TH:32319561

5285 48с 117 340

DATE 2884 BY SPEB

FBI/DOJ

598976482

ртастты

STia

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## Page 3

TO

FROM

SUBJECT:

S

07245852

sonachita

ALL INFORMATION CONTAIN

HEREIN IS,UNCLASSIFIED

84

OPTIONAL FOL

10. 10

MAY 1962 EDMI

GSA TAME!

TR 101-11.8

UNITAS STATES.G

ERNMENT

Memorandum

Assoc- Dir.=.8

Dop. AD Adm...

"Dop. AD Inv. -

• Asst. Dis.:

Adm. Serv.

Ext. Affairs.

:

Mr. Gallaghe

DATE:

11/8/76

Fin. & Per

Gon. Inv.

Ident, .

1

- Mr. Gallagher

Inspection

Intell. -

J

ẽelman

Mr. Ingram

Laboratory =

Mx.

Peelman

-

Mr.

Helterhosen

Legal Coun.-

Plon. & Evol. =

HOUSE SELECI. COMMITTEE.

- Mr. Cooke

Roc. Mgnt.

ON

ASSASSINATIONS

Spoc. Inv..

- Mr.

Burton

Training

- MI. Deegan

Telephone Rm. i

PURPOSE: Do furnish eatents ly tha civil Rights section, te

General Investigative Division (GID), as to Committee

access, to the Civil Rights investigation into the

assassination

of Dr. Martin Luther Kingr JI. (Bufile 44-38861) •

SYNOPSIS: /House Select Committee on Assassinations has

requested. access to FBI files and Department of

Justice files concerning the assassinations of President

,John F. Kennedy and Dr. Martin Luther King, Jr.

(copy of

Committee letter attached). Legal Counsel Division has

requested comments from GID re Committee access. (Copy of

Legal Counsel memorandum attached.)

King was assassinated

on 4/4/68 and the FBI conducted an immediate Civil Rights

investigation per the request of the Department.

Our

investigative results were furnished to the Department and

ca lastion

based upon

the authority from the Department, certain pertinent

investigative results were furnished to the State of Tennessee

authorities. James Earl Ray pled guilty on 3/10/69 to the

murder of Dr. King before a state court in Tennessee and

presently is in local confinement.

In November, 1975, the

Attorney General directed Assistant Attorneys General Pottinger

and Thornburghto review the files relating to Martin Luther

King and make a recommendation as to whether the assassination

case should be reopened.

In April, 1976, the Attorney General

requested the Department's Office of Professional Responsibility

(OPR)

to complete the review of all records re Dr. King.

The Department's OPR still has this King matter under review.

Any decision relative to Committee access to the Civil Rights

assassination investigation of DI. King rests within the

province of the Department.

The Department should also be

advised that in making its decision it should also consider:

Enclosures (3)

REC2 62-11729 -17

HNH: bam

CC $44-38861

18) bam

ENCLOSURE

ST-113

CONTINUED - OVERE DEC & 1976

DEC

LEGAL COUNSEL ADDENDUM PAGE SEVEN *":

2; 7976

6

Buy U:S. Savings Bonds Regularly on the Payroll Savings Plan

32319561D.Patg: 32989764

FBI/DOJ

CORDED

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## Page 4

Memorandum to Mr. Gallagher

RE:

ROÜSE-SELECT COMMITTEE ON ASSASSINATIONS

(1). What authority the Committee has to request access;

(2)

What effect açcess would have on the local prosecution

and the rights of Ray who has his case under appeal to the

U. S. Supreme Court.

("Washington Post" article re his

appeal attached); (3) What effect Committee access would

have on privacy of those individuals who furnished information

in à criminal case; (4) If Department grants access, it should

oppose disclösing

identity of informants or persons who

furnished information on a confidential basis and (5) What

action it intends to take to obtain third-agency clearance

including foreign Governments; (6) The decision to furnish

an

itemization of material turned over to another agency remains

The FBI has not

prepared any summary of the King assassination investigative

results other than that contained on the summary (synopsis)

of each report and a reports containing a prosecutive

Hunters) The Civil Rights Section reconmends no meeting

with staff members until Department makes its decision.

RECOMMENDATION: That these comments of the Civil Rights

Section be furnished to the Criminal Section of

the GID (attention Mr. Len S. Burton), which section is

coordinating the overall GID response

to this matter.

HHH

APPROVED:

Adm. Serv..

Legal Coun...

Ext. Affairs...

Plan. & Insp...

Director....

Assoc. Dir. (D

Fin. & Pers...

Rec. Mgt....

Gen. Inv...

S. & T. Serv...

Dep. AD Adm...

Ident...

Spec. Inv....

Dep. AD Inv..

Intell.

Training.

DETAILS:

The House Select Committee on Assassinations has

requested access to FBI files and Department of

Justice files concerning the assassinations of President John E.

Kennedy and Dr. Martin Luther King, Jr. (Committee letter

attached) .

The Legal Counsel Division has requested

comments of the GID as to the Committee's access to these

files.

(copy of Legal Counsel memorandum attached) •

The Civil Rights assassination investigation of DI. King is

located in Bufile 44-38861.

2

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## Page 5

Memorandum to. Mr. Gallagher

RE:

HOUSE SELECT COMMITTEE ON ASSASSINATIONS

Dr. King was shot to death by an assassin's bullet

while standing on a balcony of a motel in Memphis, Tennessee,

on 4/4/68.

The U. S. Department of Justice requested the.

FBI to conduct an immediate Civil Rights investigation into

this assassination which was confirmed in writing by a letter

from Stephen J. Pollak, Assistant Attorney General, Civil Rights

Division, to the Director of the FBI, which requested a full

investigation into a possible violation of Title 18, U.S.

Code, Section 241, (possible conspiracy to violate the Civil

Rights of Dr. King, namely, the right to travel interstate.)

The FBI conducted an extensive, exhaustive investigation

into this assassination and James Earl Ray was identified as the

assassin.

Our investigative results were furnished to the

Civil Rights Division, U. S. Department of Justice, and based

upon the authority of

results were furnished to the appropriate local authorities in

the State of Tennessee. On 3/10/69, in state court, Memphis,

Tennessee, Ray entered

a plea of guilty to charges of the

murder of King and received a 99-year sentence.. Ray is presently

in local confinement.

By letter dated 12/4/75, the Attorney General of the

United States advised that on 11/24/75, he directed Assistant

Attorneys General J. Stanley Pottinger

and Richard I. Thornburgh

to review the files relating to Martin Luther King at once in

the light of recent testimony, and make a recommendation as to

whether the assassination case should be reopened.

The

Department had complete access to the Civil Rights assassination

investigative file during its review.

On 4/29/76, the Attorney General of the United States

issued the following

news release:

"I have directed the Office (of Professional Responsibility,

headed by Michael Shaheen, to complete a review of all records

in the Department of Justice concerning the Reverend Dr.

Martin Luther King, Jr.

The Civil Rights Division, under the

personal direction of Assistant Attorney General J. Stanley

Pottinger, completed on April 9 a five-month preliminary review

3

м WWW: 5567552319561D Pages: 32989764

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## Page 6

Memorandum to Mr. Gallagher

RE: HOUSE SELECT COMMITTEE ON ASSASSINATIONS

of files at FBI headquarters.

Às, a result of this

preliminary review, the Civil Rights Division has

recommended that the review be carried forward to completion

with an additional examination of records at FBI

headquarters and field offices.

It is believed that more

than 200,000 documents may be involved.

On the basis of this preliminary review, Assistant

Attorney General Pottinger stated that his tentative

conclusions were (1) there was no basis to believe that

the FBI in any way caused the

death of Dr. King, (2) no

evidence was discovered that the FBI Investigation of

the assassination of Dr. King was not thorough and honest,

and

he led.

In ordering on April 26 the complete review by

Mr. Shaheen, I directed that the investigation be completed

forthwith and that answers to four specific questions be

furnished to me and FBI Director Clarance M. Kelley on the .

basis of the review of all documents:

-- Whether the FBI investigation of DI. King's

assassination was thorough and honest;

- Whether there is any evidence that the FBI was

involved in the assassination of Dr. King;

- Whether, in light of the first two matters, there

is any new evidence which has come to the attention of the

Department concerning the assassination of Dr. King;

-- Whether the nature of the relationship between the

Bureau and Dr. King calls for criminal prosecutions, disciplinary

proceedings, or other appropriate action.

Mr. Pottinger pointed out that the Civil Rights

Division has been continuously investigating allegations

concerning the assassination of Dr. King ás these allegations

come to the attention

of. the Department."

:4

NY M64; 552552319561 9878: 32989764

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## Page 7

Memorandum to Mr. Gallagher

RE:

HOUSE SELECT COMMITTEE ON ASSASSINATIONS

The Department's OPR still has this matter under

review and has had complete access to the Civil Rights

assassination investigative files both at FBIHQ and in all

of our field offices.

The decision as to what access, if any, the Committee

has to the FBI file on the Civil Rights assassination of

DI. King, therefore, rests entirely within the province of the

Department of Justice.

The Department should also be advised that in

making its decision relative to Committee access, it should also

consider the following:

(1) The Department should determine what authority

the Committee has to request access to the Civil Rights assassination

investigation of Dr. King.

For example, is it requesting such

access for a specific legislative interest? If not, such access

by the Committee could be construed by some as an effort by

a legislative body to act as a "grand jury" even though James

Earl Ray has already been processed through the court

system;

(2)

The Department should determine what effect

any such Committee access to our investigative results in the

Civil Rights assassination investigation of Dr. King (including

the physical evidence, FBI Laboratory and Identification reports,

etc.) would have on the local prosecution of James Earl Ray

and

upon the rights of Mr. Ray, who has recently appealed his

conviction to the U. S. Supreme Court.

("Washington Post"

article re appeal attached) •

If necessary! the Department

should resolve this with the State of Tennessee authorities

and with Mr. Ray's counsel;

(3) The Department should determine what effect

any such

access would have on the privacy of those individuals

who furnished information to the FBI in a criminal case the

FBI was investigating (Titie 18i,U. S: Code, Section 241);

(4) If the Department grants access to the Committee,

it should oppose disclosing the identity of any informants

or persons who furnished information on an expressed confidential

basis;

5

Mw NIHo 55415.52319564D QaEd: 32989764

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## Page 8

Memorandum to Mr. Gallagher

RE: HOUSE SELECT COMMITTEE ON ASSASSINATIONS

(5) If the Department grants Committee access,

the Department should advise what action it intends to take

to obtain third-agency clearance including obtaining authority

from those foreign Governments which furnished investigative

results, such as Canada (where Mr. Ray stayed and

obtained a passport) and London (where Mr. Ray was

captured) ;

(6) The decision to furnish an itemization of

any material which has been turned over to any other individual

or agency remains within the province of the Department. For

instance, certain material was turned over to the State of

Tennessee authorities based upon the authority of the

Department and the Department would have to make a decision

as to whether this itemization could be made available to the

Committee. Other material from our files has also been made

available pursuant to the Freedom of Information Act;

(7) The FBI has not prepared any summary of the Civil

Rights investigation of the assassination of DI. King. Neither

the Civil Rights Division nor the OPR requested such a summary

during its review.

Each investigative report contains a summary

(synopsis) page and a prosecutive simmary report and a non-prosecutive

summary report were also previously prepared. There is, of course,

extensive public source information available concerning

this

matter;

(8) Inasmuch

as any Committee access to the Civil

Rights investigation of the assassination of DI. King remains

within the province of the Department, the Civil Rights Section

of the GID recommends that no meeting

be held re the Civil Rights

investigation with staff members of the Committee until the Department

makes its decision in this matter.

These comments of the Civil Rights Section of the

GID are in no way intended to be obstructive but it is felt

the Department must resolve these issues before it can make a

determination as to whether or not it will grant Committee

access to the Civil Rights investigative file on the

assassination of Dr. King.

6

I NE89, 50501552319561DBaEd: 32989764

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## Page 9

J. $. Peelman to ME. Gallagher Memo

'Re:

HOUSE SELECT COMMITTEE

ON ASSASSINATIONS

ADDENDUM: LEGAL COUNSEL DIVISION PVD:mCZ 11/12/76

As to the questions raised by the General Investigative

Division in this memorandum, Legal Counsel Division makes

the

following observations:

The authority of a committee of Congress to make a

request for information is derived from the authority, to seek

information to fulfill a legislative function, and in this

instance this particular committee is acting pursuant to a

resolution of the House of Representatives.

The more critical

question rather. than the authority for the request is the kind

of information the committee will receive, and it is for this

reason that the standards set forth in the agreement between

the Attorney General and the Chairman of the Senate Select

Committee on Intelligence, Frank Church, are being used to

. govern this question.

The possibility, of course, could be raised that

the Select Committee on Assassinations Is not a properly

constituted Committee in that It has been

created to serve

a legislative function, but it is not believed advisable nor

desirable to raise this particular issue since there would

appear to be little hope of obtaining support in the Department

or elsewhere in such a challenge.

Concerning the invasion of privacy "of those indivi-

duals who furnished information in a criminal case." It should

be noted the Privacy Act does not preclude or prohibit respond-

ing to a legitimate: request of a committee of Congress. The

question of protecting identity of informants, persons

who

furnished information on a confidential basis, raised in this

memorandum is addressed in the aforementioned

agreement between

Furnish conformation to this comal he and proverse the

the protection of the identities of such people.

The third

agency rule providing for clearance prior to the furnishing

of information to the Comnittee will also be followed.

CONTINUED - OVER

-7-

1W4 5113219D0C9901

Docid: 32289164

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