Document date: 00/00/0000

## Page 1

File #:

06-5F-4496

Serial Scope:

X00

Der7d:32939834-

-Eage-

---

## Page 2

- OFFICE OF THE DIRECTOR

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D.C. 20535

INTRODUCTORY REMARKS

BY

WILLIAM H. WEBSTER

DIRECTOR

FEDERAL BUREAU OF INVESTIGATION

BEFORE THE

HOUSE SELECT COMMITTEE ON ASSASSINATIONS

WASHINGTON, D. C.

DECEMBER 11, 1978

NW 55268

DocId: 32989834

Page 2

SEARCHED_

_INDEXED _

SERIALIZED EDI FILED _

Dt. C 22 1978

Liaron

FBI-SAN FRANGIED

16-4494-186 r01oos

---

## Page 3

I appreciate the opportunity to appear before you to

discuss the FBI's current and future capabilities with regard

to the serious problem of political assassinations. Although

much has been learned from inquiry into our investigations of

the assassinations of DI. Martin Luther King, Jr.,

and President

John F. Kennedy, I would prefer not to deal directly with these

matters today. I take this approach for two reasons.

First, the FBI has already cooperated with this

Committee in making available personnel and material from our

files.

Since December of 1976, at a cost to date exceeding

$800,000, we have produced approximately 700,000 pages of

requested documents.

As many as 75 persons have worked together

searching, clearing and assembling this information. We remain

ready to provide assistance.

second, as a practical matter, there is little I

could personally add in commenting on historical matters which

preceded by ten years or more my appointment as Director.

I want, therefore, to look ahead. My comments will

address three issues:

first, our response to any future

assassinations including our jurisdiction to investigate

political assassinations generally; second, potential obstacles

that might be encountered during related investigations; and

third, arrangements which have been made to interact with

other governmental agencies in conducting these investigations.

NW 55268

DocId: 32989834

Page 3

---

## Page 4

:

JURISDICTION

Let me take up jurisdiction; first.

After President Kennedy was assassinated in November

of 1963, Director Hoover advised

. the Attorney General that

there was a lack of Federal jurisdiction over offenses of

this nature. Lee Harvey Oswald was, in fact, in the custody

of a local law

enforcement agency at the time of his death.

Today, owing to a number of subsequently passed

statutes, we can assert jurisdiction over this kind of

offense.

The Presidential Assassination Statute provides

that the FBI shall investigate the assassination, kidnaping,

assault, attempted killing or kidnaping, or conspiracies to

kill or kidnap the President, the President-elect, the Vice

President, the Vice President-elect--or if there is no Vice

President, the officer next in order of succession to the

Office of President of the United States--or any individual

who is acting as President under the Constitution and laws

of the United States.

Under this statute, when we assert jurisdiction, state

and local jurisdiction is suspended. Their role, by statute, is

limited to providing assistance to the FBI.

A similar statute provides FBI investigative

jurisdiction over Congressional assassinations, kidnapings and

assaults, attempted killings or kidnapings, and conspiracies

- 2-

NW 55268 DocId: 32989834 Page 4

---

## Page 5

to kill or kidnap. The same crimes committed against Members

of Congress-elect are also covered.

Federal laws also prohibit the killing or kidnaping

of foreign officials, official guests, or internationally

protected persons.

In addition, these laws make conspiracies

to kill or kidnap unlawful.

We may assert jurisdiction under a variety of other

statutes. The basic Federal criminal civil rights laws, for

example, give us jurisdiction when federally secured rights

are violated or when parties conspire to violate these rights.

We investigated the Martin Luther King, Jr., assassination on

the premise that his Federal right to travel had been denied.

Other kinds of violations occurring in a political

assassination context could also give jurisdiction to

investigate.

For instance, we would have jurisdiction over cases

in which someone had transported interstate explosives with

intent to injure or had bombed U. S. property or an institution

or organization receiving Federal financial assistance. These

situations could coincidentally involve political assassinations.

Other pertinent statutes

might include various

sections of Crime on Government Reservations Statutes

(involving murder, attempted murder and manslaughter, kidnaping,

destruction or injury to buildings or property); the Racketeer

Influenced Corrupt Practices Statute, if the assassination

- 3 -

NW 55268

DocId: 32989834 Page 5

---

## Page 6

were committed in furtherance of a pattern of racketeering

activity; the Election Law Statute if the assassination, for

example, injured, intimidated, or interfered with a person

campaigning as a candidate; and the Foreign Agents Registration,

Federal Train Wrêck, and Aircraft Piracy Statutes.

FBI RESPONSE

Assuming there is an assassination over which we

hävë

jurisdiction, how would the FBI respönd? Let me preface

my reply with two points.

First, às Director, I am responsible for all

investigations conducted by the Bureau. I delegate authority

för the handling of investigative matters to our Special Agents

in Charge (SACs) through the Associate Director and appropriate

Ässistant Director.

The SAC carries out his responsibilities by directing

his assistants and squad

supervisors who, in turn, dirèct

the êfforts of the investigators.

it should be noted that assignment of responsibility

does not abrogate or dilute responsibility; each superior must

insure that his instructions are promptly and properly carried

out.

Second, our response to any assassination would be

of a magnitude commensurate to the impact of the specific

crime on national or international society and to the complexity

of the act. Thus, the aborted attempt of "Squeaky" Fromme to

- 4 -

NW 55268 DocId: 32989834 Page 6

---

## Page 7

kill President Ford, a direct, personal attempt, which was

solved immediately, would generate a different degree of

response than a sophisticated, possibly conspiratorial, or

successful crime.

Because I can't describe how we would react in every

situation, let me first consider how we would respond in

the most important and most traumatic--the assassination of the

President.

If this occurs, the field commander would immediately

implement our Major Case Operations Plan. The SAC, as field

commander, would initiate a major case investigation under

that plan. In addition, I would consider sending an Assistant

Director or other ranking official to the scene to assume

overall command of the case in the field.

The Major Case Operation Plan involving a Presidential

assassination would include the following arrangements:

Following confirmed reports of the assassination,

two command posts, one at headquarters and one in the field,

would be established. Supervisory personnel from all affected

divisions would man the headquarters command post. Here, all

leads and investigative results would be coordinated.

The

field command post through a multiple communications capability

would forward information developed by its investigative task

force to headquarters.

- 5 -

NW 55268

DocId: 32989834 Page 7

---

## Page 8

The Major Case Operation Plan can, of course, be

utilized in other serious cases.

In fact, our investigation of

the assassination of U.S. Representative Leo J. Ryan öf

California gives a good illustration of how the major case

plan works in actual practice.

We premised this investigation on violation of the

Congressional Assassination Statute. A Deputy Assistant

Director of the Criminal Investigative Division was designäted

to take charge of the investigation. Under his personal

direction, the FBI Headquarters Command Post was activated:

Oral and written reports were submitted to me daily on the

progress of the investigation:

The FBI Headquarters Command Post was staffed bỳ

supervisory personnel who were responsible for various aspects

of the investigation which were coordinated with other agencies.

The Command Post was further broken down in a

manner that fixed responsibility for all investigation in

Guyana and for investigation in various sections of the United

States •

FBI personnel were physically located at the U.s.

State Department Command Post as well as the Pentagon Command

Post in Washington, D. C. The Deputy Assistant Director

immediately established liaison with officials of the u.s.

Department of Justice, U.S. Secret Service, Military Services,

- 6 -

NW 55268 DocId: 32989834 Page 8

---

## Page 9

U.S. Marshals Service, and U.S. Department of Health, Education,

and Welfare.

It was also necessary to establish three field

Command Posts in the United States to adequately investigate

the murder.

A Deputy Assistant Director of the Identification

Division was placed in charge of the FBI's "Disaster Squad"

at Dover Air Force Base, Dover, Delaware. The FBI's "Disaster

Squad" along with representatives of the Department of Defense

and the U.S. Department of State had the responsibility to

identify the dead returned from Jonestown, Guyana.

A Command Post was established at Charleston,

south

Carolina, to handle the interviews of all survivors expected to

return there from Guyana. The FBI's Command Post was under the

personal command of a Special Agent in Charge. There were also

representatives from local law enforcement; Health, Education,

and Welfare; Secret Service; Marshals Service; State Department;

Defense Department; as well as U.S. Attorneys from Columbia, South

Carolina and San Francisco, California.

A third Command Post was established in San Francisco

under the personal command of the Special Agent in Charge.

three field Command Posts were under the direct control and

All

supervision of a Deputy Assistant Director of the Criminal

Investigative Division.

-7.

NW 55268 Doeld: 32989834 Page 9

---

## Page 10

:.

Again, this is one example. Depending on the

seriousness and complexity of the case, our response could

vary. But whatever the extent of our investigation, it will

be as thorough and well-ordered as we are capable of making it.

OBSTACLES

We recognize that there may be obstacles to

the speedy completion of an investigation. Some may be

foreseen, based on past experience.

These include the

immediate performance of a thorough and completely reliable

autopsy; the

preservation and accessibility of material

which may substantially assist in resolving doubtful aspects

of investigation, such as media or spectator photos or

recordings; and accessibility of financial, communications,

or other records.

AUTOPSY/MEDICAL INVESTIGATION

A memorandum of agreement between the FBI and the

Armed Forces Institute of Pathology (AFIP) requires the AFIP to

provide medical investigative support to the FBI on a cost-

reimbursable basis upon request in the event of assassination

of the President, Vice President, a Member of Congress, and

certain other designated individuals described in the Presidential

and Congressional Assassination Statutes.

The memorandum provides that AFIP will conduct a

forensic autopsy for the FBI upon the President's body;

further, that AFIP will dispatch

designated personnel to the

-8 -

NW 55268

DocId: 32989834 Page 10

---

## Page 11

. "

scene of death to obtain relevant medical information and will

designate a staff of board-certified forensic pathologists

and allied science personnel to fulfill its responsibilities

under the agreement. The AFIP would also provide us with a

final report of the medical investigation.

It will be our responsibility to secure release of

the body from local custody. In addition, our personnel will

attend the medical investigation to receive and retain

custody of physical evidence obtained.

The Presidential Assassination Statute clearly

indicates that the Federal Government may assert exclusive

jurisdiction over the body of an assassinated President.

MEDIA/PRIVATE PHOTOGRAPHIC OR TAPE-RECORDED EVIDENCE

The value to an investigation of all media and

private photographic or recording results taken at the

assassination scene may be considerable.

Under current law, if the materials are not

voluntarily delivered, they may be obtained by a grand jury

subpoena or with a search warrant.

With respect to media-held materials, the Supreme

Court ruled recently in Zurcher v. Stanford Daily that these

may be obtained with a warrant, even in a place owned or

possessed by someone not reasonably suspected of criminal

involvement.

-9 -

NW 55268 DocId: 32989834 Page 11

---

## Page 12

The Bureau places a Stanford Daily-type search in

a special category. It is not permitted except with mỳ

approval and then only in extraordinary circumstances--as

presumably would be the case if a President were assassinated.

FINANCIAL/COMMUNICATIONS RECORDS

Iraditionally, the FBI has obtained financial

transaction

records through a judicial search warrant, grand

jury subpoena, or by consent of the holder.

Acquiring records, today, however, is more difficult

than in the past. This is a result of legislation rather than

court decisions. Indeed, decisions have not recognized Foürth

and Fifth Amendment rights asserted by "owners" of documents

(customers) held by third parties (banks, for example).

This legislation has established requirements

concerning the kinds of information which may be obtained and

has set up procedures to be complied with before materials

can be obtained.

Examples include the Tax Reform Act of

1976, the Fair Credit Reporting Act, and the very recent

Right to Financial Privacy Act.

The latter will significantly regulate the FBI'S

ability to gain access to records in possession of third

party financial institutions and curtail the rapid access to

such records. The Act effectively ends informal access to

financial records subject to certain exceptions. Under it,

an individual has a right both to be notified when the

Government is seeking his financial records and to challenge

-10 -

NW 55268 DocId: 32989834

Page 12

---

## Page 13

the Government's access to his records. These rights would

not apply when documents were sought with a grand jury's subpoena.

We will monitor this new legislation to determine

its impact upon our investigative responsibilities.

In effect, today, should financial, tax, or credit

records be sought after a Presidential assassination, the FBI

might experience considerably more difficulty acquiring them

than it did in the past.

Communications records would also be important to

an investigation. Although access to these is not currently

controlled by statute, we find it increasingly difficult to

obtain them informally.

INFORMATION EXCHANGE AND ASSISTANCE FROM OTHER AGENCIES

The Presidential Assassination Statute, specifically

instructs that the FBI shall investigate violations and that

"Assistance may be requested from any Federal, state or local

agency, including the Army, Navy, and Air Force, any statute,

rule, or regulation to the contrary notwithstanding." The

wording recognizes the statutory prohibition against the

general use of the Army or Navy as a "posse comitatus."

Executive Order 12036 provides a vehicle for the

FBI to request the Attorney General to task other intelligence

gathering agencies for specific information regarding violations

- 11 -

NW 55268 Docid: 32989834 Page 13

---

## Page 14

of criminal law. This authority could be used if the President or

other political official protected by statute was assassinated.

In the event of a calamitous event, as a Presidential

assassination, the FBI would relay pertinent information to

--

all official U. S. Government agencies concerned with

developments, including the White House, the U. S. Department

of State, the Department of Justice, the National Military

Command Center and the U. S. Secret Service.

We are currently conducting a periodic review fa

formal agreement between the FBI and Secret Service which

defines areas of activity regarding the Secret Service's

protective responsibilities and the investigative responsibilities

of the FBI and establishes mutual communication and cooperation

in ordinary and extraordinary situations.

Through established liaison at Headquarters, the

FBI is in regular communication with many agencies of

Government in Washington having normal business with us,

including all mentioned above. Means are available to

immediately contact any U. S. agency which might afford

assistance or information.

Our field offices maintain regular contact with

criminal justice agencies at Federal, state and local levels

within their territories and can promptly contact any who

might assist in an investigation.

- 12 -

NW 55268 DocId: 32989834 Page 14

---

## Page 15

Through Legal Attaches, FBI Agents attached to the

U. S. Embassies in several foreign countries, liaison is

maintained with many friendly foreign police agencies to resolve

mutual problems of international criminality. The cooperative

assistance of those foreign police agencies could be solicited

for specific investigation outside the jurisdiction of the

United States,

subject, of course, to any State Department

concerns arising from the specific situation.

The specific situation which might arise would

govern the degree of assistance and information which might

be sought. Within the United States our jurisdiction appears

ample. Within legal bounds, the FBI will not hesitate to

solicit cooperation, assistance or information from whatever

source may be required.

CONCLUSION

I have tried to give you an overview of our

jurisdiction to investigate political assassinations, of the

way we would respond in the most serious of these situations,

of the obstacles we might face in proceeding with an

investigation, and of the extent of cooperation we might

expect from other agencies in conducting such an investigation.

Obviously, there are many areas I have not touched

on. I would be happy to answer whatever questions you may

have about these or about specific issues that have come to

mind concerning the materials I've just presented.

Thank you.

- 13 -

NW 55268 DocId: 32989834 Page 15

---

## Page 16

- OÉFICE OF THE DIRECTOR

fiK:

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D.C. 20535

:

INTRODUCTORY REMARKS

BY

WILLIAM H. WEBSTER

DIRECTOR

FEDERAL BUREAU OF INVESTIGATION

BEFORE THE

HOUSE SELECT COMMITTEE ON ASSASSINATIONS

WASHINGTON, D. C.

DECEMBER 11, 1978

SEARCHED —

_ INDEXED_

Dt. C 2 2 1978

FBI-SAN FRANCISCO.

66-4496-186

FBI/DOJ

NW 55268

DocId: 32989834 Page 16

---

## Page 17

I appreciate the opportunity to appear before you to

discuss the FBI's current and

• future capabilities with regard

to the serious problem of political assassinations. Although

much has been learned from inquiry into our investigations of

the assassinations of DI. Martin Luther King, JI.,

and President

John F. Kennedy, I would prefer not to deal directly with these

matters today. I take this approach for two reasons.

First, the FBI has already cooperated with this

Committee in making available personnel and material from our

files.

Since December of 1976, at a cost to date exceeding

$800,000, we have produced approximately 700,000 pages of

requested documents.

As many as 75 persons have worked together

searching, clearing and assembling this information. We remain

ready to provide assistance.

Second, as a practical matter, there is little I

could personally add in commenting on historical matters which

preceded by ten years or more my appointment as Director.

I want, therefore, to look ahead. My comments will

address three issues: first, our response to any future

assassinations including our jurisdiction to investigate

political assassinations generally; second, potential obstacles

that might be encountered during related investigations; and

third, arrangements which have

been made to interact with

other governmental agencies in conducting these investigations.

NIL. 55268

Docid: 32989834 Page 17

---

## Page 18

JURISDICTION

Let me take up jurisdiction, first.

After President Kennedy was assassinated in November

of 1963, Director Hoover advised the Attorney General that

there was a lack of Federal jurisdiction over offenses of

this nature. Lee Harvey Oswald was, in fact, in the custody

of a local law enforcement agency at the time of his death.

Today, owing to a number of subsequently passed

statutes, we can assert jurisdiction over this kind of

offense.

The Presidential Assassination Statute provides

that the FBI shall investigate the assassination, kidnaping,

assault, attempted killing or kidnaping, or conspiracies to

kill or kidnap the President, the President-elect, the Vice

President, the Vice President-elect--or if there is no Vice

President, the officer next in order of succession to the

Office of President of the United

States--or any individual

who is acting as President under the Constitution and laws

of the United States.

Under this statute, when we assert jurisdiction, state

and local jurisdiction is suspended. Their role, by statute, is

limited to providing assistance to the FBI.

A similar statute provides FBI investigative

jurisdiction over Congressional assassinations, kidnapings and

assaults, attempted killings or kidnapings, and conspiracies

-2 -

NW 55268 DocId: 32989834 Page 18

---

## Page 19

to kill or kidnap. The same crimes committed against Members

of Congress-elect are also covered.

Federal laws also prohibit the killing or kidnaping

of foreign officials, official guests, or internationally

protected persons. In addition, these laws make conspiracies

to kill or kidnap unlawful.

We may assert jurisdiction under a variety of other

statutes. The basic Federal criminal civil rights laws, for

example, give us jurisdiction when federally secured rights

are violated or when parties conspire to violate these rights.

We investigated the Martin Luther King, Jr., assassination on

the premise that his Federal right to travel had been denied.

Other kinds of violations occurring in a political

assassination context could also give jurisdiction to

investigate.

For instance, we would have jurisdiction over cases

in which someone had

transported interstate explosives with

intent to injure or had bombed U. S. property or an institution

or organization receiving Federal financial assistance.

These

situations could coincidentally involve political assassinations.

Other pertinent statutes might include various

sections of Crime on Government Reservations Statutes

(involving murder,

attempted murder and manslaughter, kidnaping,

destruction or injury to buildings or property); the Racketeer

Influenced Corrupt Practices Statute, if the assassination

- 3 -

NW 55268

DooId: 32989834

Page

19

---

## Page 20

were committed in furtherance of a pattern of racketeering

activity; the Election Law Statute if the assassination, for

example, injured, intimidated, or interfered with a person

campaigning as a candidate; and the Foreign Agents Registration,

Federal Train Wreck, and Aircraft Piracy Statutes.

FBI RESPONSE

Assuming there is an assassination over which we

have jurisdiction, how would the FBI respond? Let me preface

my reply with two points.

First, as Director, I am responsible for all

investigations conducted by the Bureau. I delegate authority

for the handling of investigative matters to our Special Agents

in Charge (SACs) through the Associate Director and appropriate

Assistant Director.

The SAC carries out his responsibilities by directing

his assistants and squad supervisors who, in turn, direct

the efforts of the investigators.

It should be noted that assignment of responsibility

does not abrogate or dilute responsibility; each superior must

insure that his instructions are promptly and properly carried

out.

Second, our response to any assassination would be

of a magnitude commensurate to the impact of the specific

crime on national or international society and to the complexity

of the act. Thus, the aborted attempt of "Squeaky" Fromme to

-4-

NW 55268 DocId: 32989834 Page 20

---

## Page 21

kill President Ford, a direct, personal attempt, which was

solved immediately, would generate a different degree of

response than a sophisticated, possibly conspiratorial, or

successful crime.

Because I can't describe how we would react in every

situation, let me first consider how we would respond in

the most important and most traumatic--the assassination of the

President.

If this occurs, the field commander would immediately

implement our Major Case Operations

Plan. The SAC, as field

commander, would initiate a major case investigation under

that plan. In addition, I would consider sending an Assistant

Director or other ranking official to the scene to assume

overall command of the case in the field.

The Major Case Operation Plan involving a Presidential

assassination would include the following arrangements:

Following confirmed reports of the assassination,

two command posts, one at headquarters and one in the field,

would be established. Supervisory personnel from all affected

divisions would man the headquarters command post. Here, all

leads and investigative results would be coordinated.

The

field command post through a multiple communications capability

would forward information developed by its investigative task

force to headquarters.

= 5 -

NW 55268

DocId: 32989834 Page 21

---

## Page 22

The Major Case Operation Plan can, of course, be

utilized in other serious cases.

In fact, our investigation of

the assassination of U.S. Representative Leo J. Ryan of

California gives a good illustration of how the major case

plan works in actual practice.

We premised this investigation on violation of the

Congressional Assassination Statute. A Deputy Assistant

Director of the Criminal Investigative Division was designated

to take charge of the investigation. Under his personäl

direction, the FBI Headquarters Command Post was activated.

Oral and written reports were submitted to me daily on the

progress of the investigation.

The FBI Headguarters Command Post was staffed by

supervisory personnel who were

responsible for various aspects

of the investigation which were coordinated with other agencies.

The Command Post was further broken down in a

manner that fixed responsibility for all investigation in

Guyana and for investigation in various sections of the United

States.

FBI personnel were physically located at the U.s.

State Department Command Post as well as the Pentagon Command

Post in Washington, D. C. The Deputy Assistant Director

immediately established liaison with officials of the U.s.

Department of Justice, U.S. Secret Service, Military Sérvices,

- 6 -

NW 55268 DocId: 32989834 Page 22

---

## Page 23

U.S. Marshals Service, and U.S. Department of Health, Education,

and Welfare.

It was also necessary to establish three field

Command Posts in the United States to adequately investigate

the murder.

A Deputy Assistant Director of the Identification

Division was placed in charge of the FBI's "Disaster Squad"

at Dover Air Force Base, Dover, Delaware. The FBI's "Disaster

Squad" along with representatives of the Department of Defense

and the U.S. Department of State had the responsibility to

identify the dead returned from Jonestown, Guyana.

A Command Post was established at Charleston, South

Carolina, to handle the interviews of all survivors expected to

return there from Guyana. The FBI's Command Post was under the

personal command of a Special Agent in Charge. There were also

representatives from local law enforcement; Health, Education,

and Welfare; Secret Service; Marshals Service; State Department;

Defense Department; as well as U.S. Attorneys from Columbia, South

Carolina and San Francisco, California.

A third Command Post

was established in San Francisco

under the personal command of the Special Agent in Charge.

All

three field Command Posts were under the direct control and

supervision of a Deputy Assistant Director of the Criminal

Investigative Division.

- 7-

NW 55268

DocId: 32989834 Page 23

---

## Page 24

Again, this is one example. Depending on the

seriousness and complexity of the case, our response could

vary. But whatever the extent of our investigation, it will

be as thorough and well-ordered as we are capable of making it.

OBSTACLES

We recognize that there may be obstacles to

the speedy completion of an investigation. Some may be

foreseen, based on past experience. These include the

immediate performance of a thorough and completely reliable

autopsy; the preservation and accessibility of material

which may substantially assist in resolving doubtful aspects

of investigation, such as media or spectator photos or

recordings; and accessibility of financial, communications,

or other records.

AUTOPSY/MEDICAL INVESTIGATION

A memorandum of agreement between the FBI and the

Armed Forces

* Institute of Pathology (AFIP) requires the AFIP to

provide medical investigative support to the FBI on a cost-

reimbursable basis upon request in the event of assassination

of the President, Vice President, a Member of Congress, and

certain other designated individuals described in the Presidential

and Congressional Assassination Statutes.

The memorandum provides that AFIP will conduct a

forensic autopsy for the FBI upon the President's body;

further, that AFIP will dispatch designated personnel to the

_8-

NW 55268

Doeld: 32989834

Page 24

---

## Page 25

scene of death to obtain relevant medical information and will

designate a staff of board-certified forensic pathologists

and allied science personnel to fulfill its responsibilities

under the agreement.

The AFIP would also provide us with a

final report of the medical investigation.

It will be our responsibility to secure release of

the body from local custody. In addition, our personnel will

attend the medical investigation to receive and retain

custody of physical evidence obtained.

The Presidential Assassination Statute clearly

indicates that the Federal Government may assert exclusive

jurisdiction over the body of an assassinated President.

MEDIA/PRIVATE PHOTOGRAPHIC OR TAPE-RECORDED EVIDENCE

The value to an investigation of all media and

private photographic or recording results taken at the

assassination scene may be considerable.

Under current law, if the materials are not

voluntarily delivered, they may be obtained by a grand jury

subpoena or with a search warrant.

With respect to media-held materials, the Supreme

Court ruled recently in Zurcher v. Stanford Daily that these

may be obtained with a warrant, even in a place owned or

possessed by someone not reasonably suspected of criminal

involvement.

- 9 -

NW 55268 DocId: 32989834 Page 25

---

## Page 26

The Bureau places a Stanford Daily-type search in

a special category. It is not permitted except with my

approval and then only in extraordinary circumstances--as

presumably would be the case if a President were assassinated.

FINANCIAI./COMMUNICATIONS RECORDS

Traditionally, the FBI has obtained financial

transaction records through a judicial search warrant, grand

jury subpoena, or by consent of the holder.

Acquiring records, today, however, is more difficult

than

in the past. This is a result of legislation rather than

court decisions. Indeed, decisions have not recognized Fourth

and Fifth Amendment rights asserted by "owners" of documents

(customers) held by third parties (banks, for example).

This legislation has established requirements

concerning the kinds of information which may be obtained and

has set up

procedures to be complied with before materials

can be obtained.

Examples include the Tax Reform Act of

1976, the Fair Credit Reporting Act, and the very recent

Right to Financial Privacy Act.

The latter will significantly regulate the FBI's

ability to gain access to records in possession of third

party financial institutions and curtail the rapid access to

such records. The Act effectively ends informal access to

financial records subject to certain exceptions. Under it,

an individual has a right both to be notified when the

Government is seeking his financial records and to challenge

-10 -

NW. 55268DocId:32989834

Page 26

---

## Page 27

the Government's access to his records. These rights would

not apply when documents were sought with a grand jury's subpoena.

We will monitor this new legislation to determine

its impact upon our investigative responsibilities.

In effect, today, should financial, tax, or credit

records be sought after a Presidential assassination, the FBI

might experience considerably more difficulty acquiring them

than it did in the past.

Communications records would also be important to

an investigation. Although access to these is not currently

controlled by statute, we find it increasingly difficult to

obtain them informally.

INFORMATION EXCHANGE AND ASSISTANCE FROM OTHER AGENCIES

The Presidential Assassination Statute, specifically

instructs that the FBI shall investigate violations and that

"Assistance may be requested from any Federal, state or local

agency, including the Army, Navy, and Air Force, any statute,

rule, or regulation to the contrary notwithstanding." The

wording recognizes the statutory prohibition against the

general use of the Army or Navy as a "posse comitatus."

Executive Order 12036 provides a vehicle for the

FBI to request the Attorney General to task other intelligence

gathering agencies for specific information regarding violations

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of criminal law. This authority could be used if the President of

int

other political official protected by statute was assassinated.

In the event of a calamitous event, as a Presidential

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assassination, the FBI would relay pertinent information to

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all official U. S. Government agencies concerned with

developments, including the White House, the U. S. Department

of State, the Department of Justice, the National Military

Command Center and the U. S. Secret Service.

We are currently conducting a periodic review of a

formal agreement between the FBI and Secret Service which

defines areas of activity regarding the Secret Service's

protective responsibilities and the investigative responsibilities

of the FBI and establishes mutual communication and cooperation

in ordinary and extraordinary situations.

Through established liaison at Headquarters, the

FBI is in regular communication with many agencies of

Government in Washington having normal business with us,

including all mentioned above. Means are available to

immediately contact any U. S. agency which might afford

assistance or information.

Our field offices maintain regular contact with

criminal justice agencies at Federal, state and local levels

within their territories and can promptly contact any who

might assist in an investigation.

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Through Legal Attaches, FBI Agents attached to the

U. S. Embassies in several foreign countries, liaison is

maintained with many friendly foreign police agencies to resolve

mutual problems of international criminality. The cooperative

assistance of those foreign police agencies could be solicited

for specific investigation outside the jurisdiction of the

United States, subject, of course, to any State Department

concerns arising from the specific situation.

The specific situation which might arise would

govern the degree of assistance and information which might

be sought. Within the United States our jurisdiction appears

ample. Within legal bounds, the FBI will not hesitate to

solicit cooperation, assistance or information from whatever

source may be required.

CONCLUSION

I have tried to give you an overview of our

jurisdiction to investigate political assassinations, of the

way we would respond in the most serious of these situations,

of the obstacles we might face in proceeding with an

investigation, and of the extent of cooperation we might

expect from other agencies in conducting such an investigation.

Obviously, there are many areas I have not touched

on. I would be happy to answer whatever questions you may

have about these or about specific issues that have come to

mind concerning the materials I've just presented.

Thank you.

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