Document date: 00/00/0000

# DOCID-32989562

## Page 1

Released under the John F. Kennedy

issassination Records Collection Act o

1992 (44 USC 2107 Note). Case#: NW

65994 Date: 11-02-2021

File #:

62-HQ-116395

Serial Scope:

1243 then 245.1249.1250x1 thr 1253.1255,

Fur:

15 NR 1255, 2nd NR. 1255, 1255x, 1255x1 thru 1258

1261,1262

NW 65994-Docid:32989562 Page 1-

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## Page 2

OFFICE OF THE DEPUTY ATTORNEY GENERAL

WASHINGTON, D.C. 20530

JAN 1 2. 1976

Mile.

FROM:

SUBJECT:

TO: John A.

Assistant Director

Legal Count Bivisior

Federal Bureau of Investigation

Michael E. Shaheen, Jr.

Special Counsel for Intelligence

Coordination

ssc, letter Dated January 8, 1976

1976.

1-8.

Attached is a letter from-the ssc dated January 8,

Please arrange for an appropriate response to Items

I Senate t

1-25-

ALE GET DIO RONASTON CONTAINED

BADILERAMKP

3ị 115.

REC-14

62-116395

5 JAN 15 1976

1267

63.060395

176-1978

RinGsby N 3001192889562 Page 2

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## Page 3

JAN 1 2 1976

T0: Teal Ust Divistant Directox

Federal Bureau of Investigation

FROM:

Michael E. Shaheen, Jr.

Special Counsel for Intelligence

Coordination

SUBJECT:

SSC Letter Dated January 8, 1976

Attached Is a letter from the SSC dated January 8,

1976.

Please arrange for an appropriate response to Items

1-8.

NW 65994 Docld:32989562 Page 3

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## Page 4

FRANK CHURCH, IDAHO, CHAIRMAN

JOHNS, TOWER, TEXAS, VÍCE CHAIRMAN

PHILIP A. HART, MICH.

HOWAR-H. BAKER. JR

NN.

WALTER F. MONDALE, MINN.

BARRY GOLDWATER, ARIZ.

WALTER D. HUDOLESTON, KY.

CHARLES MCG. MATHIAS,JR. MO.

FORERT MORGAN, N.C.

RICHARD S. SCHWEIKER, PA.

GARY HART, COLO.

WILLIANG. MILLER, STAFF DIRECTOR

FREDERICK A. O. SCHWARZ, JR., CHIEF COUNSEL

CURTIS R. SMOTHERS, MINORITY COUNSEL

Linited States Senate

SELECT COMMITTEE TO

• STUDY GOVERNMENTAL OPERATIONS WITH

RESPECT TO INTELLIGENCE ACTIVITIES

(PURSUANT TO 5. RES. 21, 1ATH CONGRESS)

WASHINGTON, D.C., 20510

January 8, 1976

_-

Michael E. Shaheen, Jr., Esq.

Special Counsel for Intelligence Coordination •

Office of the Deputy Attorney General

U. S. Department of Justice

Washington, D.C. 20530

Dear Mike:

One of the subjects which the Committee will be address-

ing in preparing its legislative recommendations involves

the adequacy of the FBI's inspection procedures for handling

allegations of misconduct and abuse. In this regard we are

forwarding herewith a list of several such allegations which

of which we would appreciate your supplying. us with the

following information:

1.. How did FBI Headquarters first become

aware of

the allegation?

2. Was an investigation or inspection conducted?

If not, was any other action taken?

3.

How was the decision made to conduct (or not to

conduct) an inspection or investigation, or to take

(or not to take) other action?

4..

Which Division, or operating level (headquarters

or field), conducted the inspection or investigation?

5.

How was the decision made as to which Division or

operating level was to conduct the inspection or

investigation?

6.

Was the original allegation reported to. the Attorney

General or any other Department of Justice official?

JAM

RECEIVED

1976

NW 65994 Docld:32989562

Page 4

6211639551262

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## Page 5

Michael E. Shaheen, Jr.

Pagè 2

January 8, 1976

7.

Were the results of the inspection or investi-

gation reported to the Attorney General or any

other Department of Justice official?

8.

Was prosecution or administrative action (e.g.,

suspension or dismissall considered or taken?

9. If any of the allegations on the attached list

were made today, would they be handled by the

newly-created office of Professional Responsibility?

In what manner would they be handled? If an investi-

gation were deemed warranted, which agency's personnel

would do the investigating. In this regard, please

also advise concerning which agency's personnel will

be investigating recently-reported allegations that

agents of the FBI "attempted to coerce" a House

Select Committee on Intelligence witness "into

repudiating his

testimony before the select panel."

Answers to questions 1 - 7 should be accompanied by full

back-up documentation, including memoranda, inspection or

investigative reports, 302's, personnel reports, and communi-.

cations to and from

the field.

Your continued cooperation is appreciated.

Yours very truly,

John t. blllft

Director

Domestic Intelligence Task Force

NW 65994 Docld:32989562 Page 5

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## Page 6

LEVI ASKS INQUIRY

IN ATTACK ON F.B.I.

Special to The New fork Times

WASHINGTON, Jan. 6-At-

torney General Edward H. Levi "

has asked the Justice Depart-'

ment's new internal inspection

unit to investigate an assertion

by the House Select Committee,!,

on Intelligence that the Federal:,

Bureau

of

Investigation

at-,

tempted to coerce a committee...

witness into repudiating his tes-".

timony before the select panel.'.

A Justice Department spokes-.*

man

said that Mr. Levi, re-r,

mation about the incident from

A. Seatle Field, the committee's

matter for investigation to the

deparlment's newly created Of-

fice of Profesional Responsibil-

ity.

In a letter to Mr. Levi last.

week, Mr. Field reported that

the witness, Martin L

Kaiser,

had disavowed part of his com

mitlee testimony after a six-

interrogation by F.B.I.

agents.

Mr. Kaiser heads a Maryland

company that makes electronic

eavesdropping

equipment

for

the F.B.I.

and other Federal

law enforcement agencies.

His

testimony

before

•raised the possibility that some

: F.B.I. agents had received kick-

Elbacks when another electronics.

rial it had acquired from Mr.

• Kaiser's concern

ALL INFORMATI

IN CONTAINED

DATE NO ON SPALAKe

62-111-311-12162

NW 65994 Docld: 32989562 Rage-6-

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## Page 7

LIST OF ALLEGATIONS

1. The March 20, 1975 edition of the New York Times

reported that "the Federal Bureau of Investigation has

carried out kidnappings of a number of persons in the United

States that it believed to be clandestine agents of foreign

intelligence services, according to two former FBI agents."

2. The August 11, 1975 issue of Time Magazine reported

the discovery of "Bureau manuals,

documents and reports" in

the apartment of a KGB "operative" who was described as the

""mistress" of an FBI agent.

3.

The August 11, 1975 issue of Time Magazine also

reported that in 1961 a Bureau agent was "suspected of giving

FBI reports to the Soviets."

4.

The March 29, 1975 edition of the Washington Post

reported allegations that an FBI agent had been

1 "bribed by

a member of the Mafia."

5.

A recent edition of Time Magazine reported that

"sensitive"

FBI documents. "were carried off in an FBI truck

to West Virginia's Blue Mountain Ridge Club, a Shenandoah

Mountain Hideaway used by innermost FBI officials for regular

poker games with CIA and other cronies. The papers were

burned

inthe Club's large fireplace."

ALL INFORMAVEN CONTAINED

REIN IS!

NW 65994 Docld:32989562 Page 7

(2-116-595-12602

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## Page 8

: "The man aid" keep" his word

- Allered Violatons

the former agent said, -and ap-

Several. lawyers,

including

peared at an appointed meetirig

with

an

F.B.I.

representatives of the Ameri-

inteiligenco

agent a week later.

CạП

Civil

Liberties

Union,

But

the former agent ac-

pointed out that an alien ille-

knowledged that the technique

gally in this country is by

contained a critical flaw: The

law afforded many of the same

F.B.I. had no way of knowing

guarantees of due process as

american citizens.

ather's

#, The bureau's only legal alter-

The them, reported their expers

riences to

their own govern-

•natives in such cases, one law-

ment, and thus became triple

yer said, were to turn such

agenis.

individuals over to the Immi-

gration and Naturalization ser-

"Playing for Keeps"

vice for a deportation hearing

The use of kidnapping, 'one

ox- to charge them with illegal

of the former agents empha-

entry or espionage.

sized, "was a tough game. That

To have held such an individ-was when you're playing for

ua! incommunicado for more|keeps," he said.

than a day, the lawyer added,

He said that, to his knowl-

would have violated his rights edge, it was never employed

to be formally arrested

and

lagainst the domestic

left

ALL INFORMATION CONTAINED

DEFEN ONLY SPALMA

NW 65994 Docld:32989562 Page 8

3120175. 14 Trin

2 Former Agents Say

By JOHN M. CREWDSON

charged with a crime, to habeas!

Special to The New YOrt Times

corpus and to the assistance

WASHINGTON, March 19_of counsel,

among others.

"The Federal Bureau of Investi-

Kidnapping, the former agent

gation 'has

• nappings.

o carried out kid-said, was a

last resort used

number

ofi when

alternative

means

persons in thé United States| could be quickly found to inter-

that it believed to be clandes-rogate a suspected subversive,

tine agents

of foreign

intel-for to

"turn" him into a double

ligence

services, according

to agent willing to report to

thei

, *two former F.B.I. agents

with F.B.I. on the activities of his!

i"direct knowledge of such oper- own intelligence service.

.;*

ations.

It was, he said, "the type

One of the former agents of thing that's never done light-

"placed the number of such kid-fly."

nappings

over

the years at'

Both men denied that physi-

"fewer than 10" and said that, cal torture was ever employed.

ras far as he knew, the tech- in .such cases, although one

nique had not been employed said that, when a suspect had

by the bureau since the mid- been located,

"You'd pick him

nineteen-sixties.

up and take him

He said that. its use had and work him over, somewhere

Ebeen occasioned by such cold

The victims were often threat-l

swar incidents as

the Cubanlened with death as punishment:

missile crisis

"when

"were pretty rough," and that although neither

things for oncooperation, he added

official

the was "certain that this is called any instance in which?

no longer going on."

& hostage had been murdered.:

A spokesman for the bureau

One of

the former agentsi

saaid only that the bureau would maintained, however, that men-!

¡adopt "a no-comment posture" tal duress was an importantl

with respect to the kidnapping|part of such interrogations, andi

allegations.

he described one case in which!

-* * A Pattern In Targets

&.

person

was

seized

and

- Both of the agents said that,

detained

in

an

F.B.1.

"safe

house" for "several weeks."

with

one possible

exception,

the targets

selected by the

Absence Not Noticed

F.B.I. for kidnapping were sus-

Because the man was not

pected intelligence operatives operating under diplomatic cov-

from Communist countries who er, as many foreign espionage

had entered the United States agents do, and was not other-

Illegally with forged American wise an official personage; his

passports and other identity extended absence went publicly

documents.

unnoticed, the former agent

The

use of the kidnapping said.

technique was also confirmed,

although not in detail, by two captors only

intel-

other former F.B.I. agents.

ligence agents," at least onel

"In. separate Interviews, the of whom was with him con.

two former agents

who

de-stantly.

"scribed the alleged kidnappings

"Someone slept in the same

Jeft open the possibility that bed with him. We even went

in one'instance the bureau had with him to the bathroom,

erred in kidnapping a person

he said.

who proved not to be a deep-

After weeks of intense inter-

cover

spy but a legitimate

rogation the man broke

American citizen.

and

agreed to become a

One of the agents conceded,

double

agent and was told, in the

however, that in every case

former agent's words:

the practice was

"completely

"You are a free man. Do

wrong- completely in violation you know what that means?

of civil liberties.

No question

it you leave here and do not

about it," he added.

Keep your promises we will

"But he said, "In the business

do nothing further to you. But

intelligence, you're

faced you have made & commitment

That the coes tet ex policy. mari

and we will take you & your;

extra-legal activlties."

P2 163711262

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## Page 9

1579155997774

21274

....

THE NEW YORK TIMES, THURSDAY, MARCH 20, 1975"

F.B.I. Has Kidnapped Suspected Foreign Spies in U.S

arganized crime figures, butjwhen te was a small child!

After receiving autorizetin| operated e formalized "kidnap-lever made in writing and that

sing squad," at one time tiere consequently no record of ll

was a catarie of agents who exists. srithin the bureku's files.

police, or representatives of name

"could and would" carry out!

Knowledge of the kidnapping

la foraner resident of tie county,

/ illegal high-risk oporations such operations

ocher sovisi bics intelligence somsone

whom the records

seizad tha surpact and rushed as burgleries and kidnappings.

WAS

very

garViCEN

(clen't and others thore remem-|him to a secluded "wafe house"

closely held,"

tie said,

- But by the mid-niretcen-six-limited to Mr. Hoover,

Tho

Tho techniqua was particu-ibered had suffered a permanent of the bureau for intomogation, ties, he said, these men

had|parsonally approved csch

Jarly usetul, he explained, when| pelvic injury as a youth.

the two sources said.

become. convinced

that Mr.

| ther; a handful of top officials,

,the FBI fezred that it WIs)

The inquiring man appeared

One of the former egants Hoover would no longer back

8770

the

egents in tiss field

Rocut to lose tracs oi a sut to wulk perfeotly, however, and described the interrogation as them end they roiused to ua-.

who carried thein cirt.

,pocted agent posiag as an

the townspeople,

their suspi-a

"ster" one, and the other dertake ouch work without "pa-

"Nobody will edmit a darn

l American citizen.

cions piqued, notified the local addod thet

"You'd identify your

M157

this was sougaperweitten authorizations, thing," he said, pointing oi

office of the F.B.I.

resident

business," though neither pro-which Mr. Hoover was unwill-

thet

he crime a kidnappin

and follow him to develos who

"Thank God the

vided specific

details of

tholing to give.,

the was contacting hore,

" the

farmer agent said, "but youlagent was on the ball," one of

ordeal to which the anan was

Too Dangerong to. Accept

tions.

the sources said, "and went over

subjected..

always ran the risk of losing and checked the matter

out."

Lots sources descraned the

"You'd call a guy up

and

The lawyers interviewed lo

him in

200 million prople.

• Linked to soviet '

operation as a success but de-

ask him to do consthing," the of

Iconnection with

the legality

One instance in which that

clined to elaborate on its pre source recalled

"and he'd re-

these

operations

'concer played en important

The F.B.I, te eaid, pluced| cise disposition os the subject's mind you that he had two

however, that Federal and state

former seese ed by the two surveilanciound trentually der resee hereabouts.

rids in college and ie could kidnapping statutes had probes

(surveillance and eventually bel

sgents see his retiremant down the

Illy not been violated by tha

agents who carried out

the

abductions, since no ransoma

he Soviet intelligence agent whojof the

suspected espionage!

This work was exceedingly was extracted.

lessually into the recorder's ol- had penetrated

fice in a rural Middlo

West States illegally.

the. Unitediagents Involved in these opera-dangerous," the second former

Because "the best interacte

Itions had ever died as a direct f.B.i.

nan said.

"You could

of the country would not'be

oounty seat near the Canadian

When the local F.B.I. agents resuf

of the kidmapping or get anot, you could gobarnet-served by pursuing that inves

border and asked fur a copy became concemed

that they

linterrogation, or while aucmpt-led."

tigation," the man declined ta

of his birth cortificate.

would lose the suspect,

the ing to eccape..-

The first former agent con-identify either the F.B.I. agenta

The man

explained

to tho source recounted, a

clerk that he had left the regiot was made "to hit him,, decision

the former agent, ond thatifirmed these points, adding that or the suspected subversives la

lalthouga the bureau never'no mention of kidnapping was'volved in the kidnappings

Er destinenis ros

the mis

so, in

ALL INFORRMATIEN CONTANED

HEREIN IS

CLASSIFIED

DATE, 1

_BY.

NI 65994 Doc|d:32989562 Page 9-0.

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## Page 10

P.18

=.

iNGr

4,11,1975

FBI

i Seduced by the KGB

While conccnu.ling its efforts upon

the ClA, Senator Frank Church's six-

cial commince that is investigaling U.S.

intelligerce programs has also lucn ac-

cumulating data on the rBl Last weck

Tiss: learned that the committee has

heard

sonic

starling reports of mis-

deeds, break-ins and cover-ups, includ-

ing the siory of an agent whose mis-

tress was linked to the Soviet kGB.

The alfair was discovered in 1968

when a cla soure in Moscow reparied

that kon officials were jubilant about

getting one of their operatives in led

with an Ill agent. To check out the ClA's

report, the Fist broke into the apartment

of the roman, a middle-aged saitress.

and discovered bureau manuals, decu-

monts and repons. Some Ill oficials

urged prosecution, but d. Idgar Jleaver's

palace guard of deputies stopped the ini

quiry to avoid embarrassing the bureau

and is boss. The agent was simply al-

Jowed lo resign. The KGB also aracars

1o hase pencirated the FBi in 1901. In

this case, the agent superied of giving:

Ful reports lo ile Sorrels la polygragli

test on him was inconclusive) was ficd

on a minor technicality.

• Thie Church commince has also

turned up evidence of a variety of extra-

Jegal activities macticed by the Ill. The

buncau is said to have maintained spe-

cial schools to train agents in the tech-

niques of the "bag job," a cuphemisin

for breaking and eniering. The amdu-

ales-ladlipickers, burlars and a livi

safecrackers--manageo to sical somo

code books from forcien embassies. Lor

this they recoired "incentive awards"

ranging from S250 10 S500.

The Senators would like le know

more about the privaie files loser dent

on public oficials and what use lie marle

ofthem. John dichr. aformer cop 1Blof

ficial, has told Trot that he had been

questioned three times be the committee

about the dossiers assembled by 11e-

ver on scores of people. Just shot hap. i

pened lo some of tlic

rei's death in 1972 is still a mystery.

L NW 65994 Docld:32989562 Page 10

62-116-3751202

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## Page 11

Jistie Dept. Looks It

Bureau Bribe Investigation

FBI Bid to Kill Probe Charged

By Ronald Kessler

The informed

source saidipered by the FBl's handling of FBI as a member of.the Luchese

Kolley's requests, which were the case before Kelley became New York Mafia family.

Shortly after he became di-

known to only a few FBI and director

July, 1973,

Caputo is alleged to have

source said.

rector of the FBT, Clarence AL. |department officials amounted]

bribed Stabile.

Chicf among these problems

Kelley twice made unsuccess-ito "pressure" and

however, centers.

— which were confirmed by al

on the question of whether Ca-

ful attempts to stop a Justice tempt to suppress it [the in-

second source — was the fact

puto lied when he told a grand

Department investigation ofjvestigation]."

that the FBI immediately con-

jury he had not admitted to

an allegation that

an FBI

The FBI, the former prose-

fronted Stabile with the bribe FBI agents that he paid off

agent had

been bribed by a cutors said, is a fact-finding

allegation before attempting New York city policemen.

member of the Mafia, accord. agency that normally does not

gather evidence against

Reached at his Hawley, Pa.",

ing to an informed source.

express opinions

country home Caputo, 71,

said

• The

charge

was

leveled an investigation

started by

In doing so, the source said,

of the charge he paid off an

against New York FBI agent, Justice should be continued.

the FBI agent gave the agent FBI agent,

"I got nothing to

Another

Joseph Stabile by two fellow prosecutor said the FBI,

treatment it would not

give do with this."

New York agents. One said

on

suspected of criminal

Asked if he is a member öf.

Stabile had acmitted to him

rare occasions, has expressed behavior.

the mafia, Caputo said, "come

that he took the bribe.

such an opinion based on man-

In addition, the source said, on. I have nice children. My:

An investigation was closed power considerations. But FBI

at that same time the FBI vio

kids went to

nice Catholic

when it turned up no evidence

intervention when it is a tar-

lated its own procedures

by schools. They say you're with,

against Stabile. But the two

get of the investigation would

failing to inform

the Justice

this. with that."

agents who made the accusa-

be "improper," the former Jus-

Department that it was con-

Many of the essential facts'

tion told the Justice Depart-

Atice Department official said.

ducting an investigation of the surrounding the bribe allega-'

ment's orgainized crime strike

Sources familiar

with

the bribe allegation.

tion - including the identity of

force in Brooklyn that the FBI bribe allegation attribuated

An FBI spokesman said Kel- the accused agent, Stabile ..

investigation

had

Kelley's action

to a fecling ley cannot comment on the were revealed in pre-trial tes-

"cover-up," the source said.

been a long held by FBI leaders that bribe allegation because many timony taken last monti

for'

This triggered a Justice De-

any hint of corruption wouldlof the same

will bel Caputos pending

partment investigation, which

irreparably damage the bu-

raised in a Brooklyn perjury

¡trial.

perjury '

¡is continuing, the source said.

reau's image and eifective.

trial scheduled

to begin April

Despite the origin of the

ness.

11.

:Justice Department investiga-

Although Kelley's attempts

The trial, to be held in u.s.

tion, the source said, Keliey

were unsuccessful, the Justice

district Court, is of John Ca-

, asked

high-ranking

depart-

investigation had been ham- puto, who is identified by the

ment officials in 1973 to call

the Brooklyn prosecutors off

the case on the grounds the

Far had found no violations of

• In addition,

the source said,

(Kelley complained that the

Justice investigation was hurt.

ing FBI morale.

During the ensuing dispute,

"he said, Henry E. Petersen,;

then chief of the Criminal Di-!

vision of Justice, informed the!

ALL INFORVATION CONTAINED

HEREIN IS UM

DATE

CLASSIFIED

Brooklyn prosecutors of Kel-:

ley's attempts and told Kelley!

the investigation would con-

tinue.

Another source said Peter,

sen later cited the New York:

incident to show the need for:

an inspector general within!

the Justice Department 1o pu-

lice the FBI.

the Justice

Petersen, who has since left

Department,

con-

firmed

recently

that Kelley

wanted the investigation stop.

ped but could not recall hui

he had made his view's known.

Petersen said

he would not

dispute that it was in the form

of a regucst.

:There was a difference of

opinion,

and

opinion

ultimately

the

of the Criminal Divi-!

sion prevailed, and the lil acy

quiesced in that opinion," he

IsHid.

NW 65994 Docld:32989562 Page 11

621105855191d

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## Page 12

OFFICE OF THE DEPUTY ATTORNEY GENERAL

WASHINGTON, D.C. 20530

JAN 1 2, 1976

TO:

John

Mintz; Assistant Director

egal counsel Diveston

'ederal Bureau of

Investigation

MikPROM:

Shaheen, Jr.

Spedial CARsel for Intelligence

Coordination

SUBJECT: SSC Letter Dated January 12, 1976

Attached is a letter from the SSC requesting a

briefing on or before January 15, 1976.

Please arrange

for an appropriate response.

ST. 115.

RECIA 6 2 440375-12661

5 JAN 15 1976

косокоми

ALL TELTNTORMATTOU CONFLAUND

SYSPAUME

cc:

Paul Daly

Bill Cregar

62-116395

N8 599LAD.22:31975562 Page 12

---

## Page 13

JAN 1 2 1976

TO: John A, Mintz, Assistant Director

Legal Counsel Division

Federal Bureau of Investigation

FROM: Michael E. Shaheen, Jr.

Special Counsel for Intelligence

Coordination

SUBJECT: SSC Letter Dated January, 12, 1976

Attached is a letter from the SSC requesting a

briefing on or before January 15, 1976.

Please arrange

for an appropriate response.

KEI DEI INTOREIATION COSTIAINE

cc: Paul Daly

Bill Oregar

NW 65994 Docld:32989562 Page 13

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## Page 14

FRANK CHURCH, IDAHO, CHAIRMAN

JOHN G. TOWER, TEXAS, VICE CHAIRMAN

PHILIP A. HART, MIICH.'

HOWARD 11, BAKER, JR., TENN.

WALTER F, MONDALE, MINN.

BARRY GOLDWATER, 1R17.

WALTER D. HUDDLESTON, KY.

CHARLES MC C, MATHIAS, JR., MD.

ROBERT MORGAN, N.C.

RICHARD S. SCHWEIKER, PA.

GARY HART, COLO.

WILLIAM G. MILLER, STAFF DIRECTOR

FREDERICK A. O. SCHWARZ, JR., CHIEF COUNSEL

CURTIS R. SMOTHERS, MINORITY COUNSEL

Dries Diates Berate

SELECT COMMITTEE TO

STUDY GOVERNMENTAL OPERATIONS WITH

RESPECT TO INTELLIGENCE ACTIVITIES

(PURSUANT TO S. RES, 21, SITH CONGRESS)

WASHINGTON, D.C. 20510

January 12, 1976

Michael E. Shaheen, JI., Esq.

Office of the Deputy Attorney General

U.

S. Department or JustIce

washington, D.l.

20530

Dear Mike:

The Select Committee requests that Bureau officials

knowledgeable in Cuban intelligence activities in the United

States, informant penetration of Cuban intelligence and

(in the U.S., Cuba and Mexico) for the period 1960-

1967, meet with and brief members of the Committee and senior

staff on or before Thursday, January 15, 1976.

Other than the morning of Wednesday, January 14,

1976, any time would be convenient for us.

I would appreciate

your

contacting me so that we can work out the details.

Sincerely,

Paul G. Wallach

AIT.

DINFORMATION CONTAINED

Панди

RATE 11400 BY

181118

NW 65994 Docld:32989562-Page 14

i-l- 575 12601

---

## Page 15

OFFICE OF THE DEPUTY ATTORNEY GENERAL

WASHINGTON, D.C. 20530

JAN 1 8 1976

TO:

Milk FROM:

SUBJECT:

John

A. Mintz, Assistant Director

Legal Counsel

Division

ederal Bureau of Investigatio

Michael E. Shaheen, Jr.

Special Counsel for Intelligence

Coordination

SSC Letter Dated January 7, 1976

Attached

1976. OPlease. is a letter from the SSC dated January 7,

arrange for an

appropriate response.

-75

REC-14

ST. 1151,

62-11637=1258

5 JAN 15 1976

N

ENCLOSURE

IL FD NGORMATON CONTANE

67.116395

1776-1976

PwisdoN Bocla18zf89562 Page 15

---

## Page 16

Car

• ..

JAN 1 2 1976

TO:

John A. Mintz, Assistant Director

Legal Counsel Division

Federal Bureau of Investigation

FROM:

Michael E. Shaheen, Jr.

Special Counsel for Intelligence

Coordination

SUBJECT: SSC Letter Dated January 7, 1976

ALE, FEL INEORZIATION COILAINED

!

NW 65994 Docld:32989562 Page 16

---

## Page 17

FRANK CHURCH, IDAHO, CHAIRMAN

JOHN G. TOWER, TEXAS, VICE CHAIRMAN

PHILIP A. HART, MICH.

HOWARD H. BAKER, JR.,

WALTER F. MONDALE, MINN.

BARRY GOLDWATER, ARIZ.

WALTER D. HUDOLESTON, KY.

CHARLES MEC. MATHIAS, JR., MD.

ROBERT MORGAN, N.C.

GARY HART, COLO.

WILLIAM G. MILLER, STAFF DIRECTOR

FREDERICK A. O. SCHWARZ, JR., CHIEF COUNSEL

CURTIS R. SMOTHERS, MINORITY COUNSEL

@Irited States Seriale

(PURSUANT TO S. RES, 21, SUTH CONGRESS)

WASHINGTON, D.C. 20510

January 7, 1976

Michael E.

shaheen, Jr., Esg.

Special Counsel for Intelligence Coordination

Office of the Deputy Attorney General

J. S. Department of Justice

Washington, D.C. 20530

Dear

Mike:

I would appreciate your supplying to the Committee

all memoranda and other materials pertaining to the

establishment of the Office of Legal Counsel in the FBI

in 1971 as well as all materials prior to that date which

would reflect earlier Bureau practices and procedures for

considering the legal and constitutional implications

of major policy changes in FBI Domestic Intelligence

Division operations.

(This should include, of course,

materials which pertain to the responsibilities and

duties of the Office of Legal Counsel which formerly

was located in the Training Division.)

assigne

I would also appreciate your forwarding such materials

as would reflect the process by which Section 87 of the

FBI Manual of Instructions was changed in 1973 (i.e.. from

Tire entel

inception through final approval).

Your continued cooperation is appreciated.

Sincerely,

BILLIE N

1976

Director

Domestic Intelligence Task Force

ALL INFORMATION CONTAINED

DATEN SO 575204 ME

NW 65994 Docld:32989562 Page 17

6216395-1258

---

## Page 18

FEDERAL BUREAU OF INVESTIGATION

COMMUNICATIONS SECTION

JAN O 8 is!.

inte

TELETYPE

Assoc. Dir.

Dep.-A.D.-Adm.

Dep.-A.D.-InVa

Asst, Dir.:

Admin. .

Comp. Syst.

Ext. Affairs

Files & Com.

Gen. Inv. --

Ident.

Inspection fay

Intell.

Laboratory

Pi Defe

Telephone Pes

Director Sec'y -

NR 706

RS/ PLAIN

8: 80PM

NITEL

SANTADY

TO: DIPECTOR

FPON: BOSTON

ATIN: LININ,

"'D. CREGAD

8, 1976 MGC

106÷5117

SENSTINY 75

PE RIPEAU TELEPHONE, CALL TO BOSTON JANUARY 8, 1976.

MP. LAURENCE P. VENNAN, & LISA RETH DRIVF, DOVER, NE!'

HAMPCHIDE, B3RDE, TELEPHONE 693-749-9365, CONTACTED JANUARY 8,.

1976 AND HAS ADVISFD OF CAPTIONED GROUP'S DESIRE TO INTERVIE

HIM. "FEMAN INVITED TO CONTACT FRIHO, OFFICE OF LEGAL COUNSEL,

BY COLLECT TELEPHONE CALL FOLLOWING CONTACT RY SENSTUDY TO

PESOLVE ANY CUESTION OF CONFIDENTIALITY. VEEMAN EXPPESSED VERY

COOPFPATIVE ATTITUDE AND STATED HE HAD NO 03JECTION TO SUCH AN

INTERVIEW AND WOULD CALL FRIND IF CONTACTED.

FND.

ST. 115.

REGA 21 LOTS - 1257

JAN 15 1970

67-473513 (Keenan)

ALL INEORMATION CONTAINED

DATE LON

UNCLASSIF IN'S

NG 6596A N 20:39769562 Page 18

---

## Page 19

4-528

62-116395-12567

CHANGED TO

62-116464-282

FEB 4 1976

Coman/ Mnd

ALL INFORMATION CONTAINES

TERESAS UNCLASSIFIE

c.:

NW 65994 Docld:32989562 Page 19

---

## Page 20

FEDERAL BUREAU OF IRVESTIGATION

COMMUNICATIONS SECTION

JAN O 71%8

TELETYPE

Assoc. Dir.

Dep.-A.D.-Adm.

Dep.-A.D.-InTa

Asst. Dir.:

Admin.

Comp. Syst.

Ext.

Affairs

Files & Com.

Gen. Inv. -

Ident.

Laboratory

Plan.

& Eval.

Spec.

inv.

Trainig

Telephpie

Director Sec'y

SJ 694

NROES SU PLAIN

12:47PM URGENT

JANUARY 7, 1976 GRB

TO DIRECIOR!

FROM SAN JUAN

ATTENTION

LEGAL COUNSEL AND INTELLIGENCE DIVISIONS

SENSTUDY 75

KEFERENCE BUREAU TELETYPE, DECEMBER 30, 1975.

SAC WARREN C. DE BRUEYS SCHEDULED TO ARRIVE EASTERN

AIRLINES FLIGHT 946 AT 7:36 PM, JANUARY 7, 1976, AT

FRIENDSHIP AIRPORT; WILL REPORT TO ROOM 3658 JEH BUILDING

AT 8:DD AM, JANUARY 8, 1976, AS INSTRUCTED. PHONE NUMBER

WHILE IN WASHINGION WILL BE 941-4667•

ELD.

boll

SECTOY CI

Rm s

JEHI

1 115%

96201 2-114-315-12570

* JAN TES 1976

c6l'

6c-5

NW 6599/A bodid:

:32989562 Page 20

ALL INFORMATION CONTAINED

HEREIN !

MUNGLASSIFIES

DATE 1100 BY SANG

3\8

---

## Page 21

1 - Mr

J. A. Mintz

1 - Mr. W. R. Wannall

1 - Mr. R. L. Shackelford

1 - Mr. W. O. Cregar

I - Mr. S. Jantahler, 1976

The Attorney General

Directory

FBI

V. S, SENATE SELECT COMMITTEE

ON INTELLICENCE ACIIVITIES (SSC)

Enclosed is the original of a memorandum reporting

the results of an interview of former Special Agent in Charge

Roy K. Moore of the FBI by an SSC Staff Membez.

enclosed is a copy of the memorandun for forwarding to

Mr. James A. Wilderotter, Associate Counsel to the President.

Enclosures (2)

J's'

62-116395

1 - The Deputy Attorney General

Attention: Michael E. Shaheen, Jr.

Special Counsel for

Intelligence Coordination

1 - 67- (Personnel File Former SAC Roy K. Moore)

SJM: 1hb|hb

(10)

SI IBEGS 63-1:-395-1255X1

70 ALL INFORMATION CONTAINED

Assoc. Dir. -

Dep. AD Adm. -

Dep. AD Inv. -

Asst. Dir.:

Admin.

Comp. Syst.-

Ext. Affairs

Files & Com. -

Gen. Inv. -

Ident. .

Inspection

Intell.

Laboratory

Plan. & Eval. -

Spec. Inv. -

Training -

Legal Cour.

Telephone Rm. -

Director See y -

MAIL ROOM L

NW 66091A Do 32989562 Page 21

DATE 1

TELETYPE UNITO V*

J-V=

GPO: 1975 0 - 569-920

---

## Page 22

62-116395

1 - MI.

J. A. Mintz

1 - Mr. W. R. Wannall

1 - Mr. R. I. Shackelford

1 - MI. W. O. Cregar

1 - Mr. S. J. Miller

January 6, 1976

U. S. SENATE SELECT COMMITTEE TO

STUDY COVERIMENTAL OPERATIONS WITH

RESPECT IO INTELLICENCE ACIIVINIES (SSe)

RE:

INTERVIET OF FORMER SPECIAL AGENT

IN CHARGE (SAC) ROY K. MODRE OF

THE FBI BY AN SSE STAFF MEMBER ALL INFORMATION CONTAINED

HEREIN IS UNCLASSIFIED,

DATE 6/00 BI DAMI

The following concerns an interview on lovenber 18,

1975,_of forner: SAC Roy K. Moore of the FBI by an SSC Staft

Member.

Moore's report of the results of the interview

follows:

"Today, November 18, 1975, at the request of

Mx. Robert Kelley, Church Connittee, Room G303, Dirksen

Building, First and C Streets, I appeared at their office

and furnished an affidavit in reply to that of Mr. Hardy,

the alleged informant in the Camden 28 case.

"According to Mr. Kelley, the Connittee is looking

into the use of informants by the Til and other intelligence

agencies.

can

*Mr. Hardy, in his deposition to the Committee,

Asp. AAd alleged that he became a provocateur during the time that

Dep. AD In. - We were Investigating the break-in of the Ganden Federal

Asst. Dir.:

Admin. -

Building In 1971.

Comp. Syst. _

Ext. Affairs -

Files & Com. -

"I furnished an affidavit to the effect that

Gen. Inv. -

Ident. -

- Mx. Hardy walked into the Camden Resident Agency and requested

Inspection -

advice in that he felt his religious advisor, a priest, was

Intell.

wor

Plan. & Eval. - 1 - 67- (Personnel File Former SAC Roy K. Moore)

Spoc. Inv.-

Training

Legal Coun. -

- SJM: 12b|hb

SEE NOTE PAGI

elephone Rm. -

Director Sec'y - MATE ROOM L

12.55V

NW 65994 Docld:32989562 Page 22

02-116395-176

GPO: 1975 0 - 569-920

---

## Page 23

SENATE SELECT CAMMITIES ON INTELLIGENCE ACTIVITIES (SSC)

RE: INTERVIAW OF FORMICA SAC ROY K. MOORE OF THE FBI BY SSC

involving him in a violation of the law. He was interviewed

by Supervisor Bill Anderson of the Philadelphia nffice whe

happened to be in the Resident Agency at that time.

Ultimately, Mr. Anderson convinced lit. Hardy

that he should assist his Government and report on the

activities of those indivicuals who were planning the break-in

of the Federal Building.

"over a period of time, Hardy assisted those whe

had already been working on the surveillance of the building

and planning the break-in and was able to furnish Agents the

names of those involved, their plans, and was successful in

helping effect their arrest when the break-in occurred.

"The interviews with fir. Hardy were recorded on

tape. They were played back to the Agents on the Special,

and In many instances it is a matter of record that fr. liardy

was cautloned by the Agents handling him not to become a

'provncateur." Upon the arrest of the 28 individuals who

bioke into the federal Building, MI. Hardy was a willing

Goveriment witness.

However, subsequent thereto one of

his children fell from a tree and was impaled on an iron post

and later died as a result. It is our understanding that

h1g

religious advisors convinced him that this was retribution

for turning against his fellow conspliators and assisting.

the Goverment. He ultimately testified for the defendants

rather than the Government.

"In my affidavit, I explained that the Camden 28

case was one of 58 break-ins Involving Selective Service

Boards and Federal Buildings and that, as a result of latent

prints developed in the various break-ins and the printing (finger)

of the defendants in the Camden 28 case, we were able to

- 2.

NW 65994 Docld:32989562 Page 23

---

## Page 24

SENATE SELECT COMMITTEE ON INTELLIGENCE ACCIVIFIES (SSC)

RE: INTERVIEW OF FORMER SAC ROY K. MOORE OF THE FBI BY SSC

make comparisons and solve 16 of the unsolved break-ins,

thus showing that the Canden 28 case was part of a larger

conspiracy than that one Incident.

"Additionally, the question was asked why we

didn't make the arrest upon the breaking of the window of

the Federal Building In Ganden or even before on the basis

of conspiracy rather than letting them consummate the crime

of breaking, entering and carrying away the files. It was

explained that this matter was closely followed with

Departmental attorneys and the Assistant U. S, Attorney,

New Jersey, to insure that they were satisfied that the

elements of the Crime on Goverment ReserVation Statutes

had been satisfied. The Departmental attorneys were

Mir. Goodwin and lit. Gubbage. It wes further explained that

the Berrigan case had just occurred and that their defense

was that, while they had talked about kidnapping kir. Kissinger,

they never really intended to do it and obviously the

Departmental attorneys and Assistent J. S. Attorney wanted

to insure that there was no question as to the intention of

these individuals. However, the best information could be

obtained from these attorneys as to the reasons for their

decisions.

"The latter part of the deposition dealt with my

personal opinion of the use of informants in intelligence

investigations. Obviously, I endeavored to justify the

use of informants as being far superior to investigative

operations for the true intent of the persons comprising

any group who have as a purpese destruction of the establishment

or overthrow of the Government."

NOTE:

Mr. Moore telephonically dictated the results of

the interview to a Bureau stenographer on 11/18/75.

3

NW 65994 Docld:32989562 Page 24

---

## Page 25

SEE INSTRUCTIONS ON REVERSE

BEFORE COMPLETING.

TO:. Intelligence Community Staff

ATIN: Central Index

CLASSIFY AS APPROPRIATE

FROM:

FBI

SUBJECT: Abstract of Information Provided to Select Committees

1. HOW PROVIDED (check

appropriate term.

If a document was made available

for review but not transmitted, so note.)

DOCUMENT

BRIEFING

_X INTERVIEW

I TESTIMONY

TOTHER

2. DATE PROVIDED

1/6/76

3. TO WHOM PROVIDED (check appropriate term; add specific names if appropriate)

SSC

The Attorney General with a copy for forwarding to

the White House

HSC

4.

IDENTIFICATION (provide descriptive data for documents; give name or identification number of briefer,

•interviewee, testifier and subject)

Memorandum reporting results of an interview by SSC Staff

Member of former SAC Roy K. Moore.

5.

RESPONSE

wise

TO (list date and item number

state

robal st dese or too, meridlive, esponse, forgal request, other-

NA

i. CLASSIFICATION O

NFORMATION (ente

Codewords

75 or

U

7. XEY

WORDS renter

the appropriate key words

from

the list provided

separately; if key words not listed

used underline

for

emphasis)

are

• Intelligencecollection

Information handling

8. SUMMARY (see reverse side before completing this item)

Interviewed regarding the FBI's use of informants, also

relative to informant Hardy's furnishing of information

- regarding the break-in of the Camden Federal Building in 1971.

..

. '

13r

'$

62-116395

FVK: Ful:

(4)

ÖRIGINAL VIA' LINISON TO CENTRAL COMMUNITY INDEX

IN CONNECTION WITH SENSTUDY 75

ALL INFORMATION CONTAINED

HEREIN AS UNCLASSIFIED

DATE 1C00 BYSALME

TREAT AS YELLOW

no. 11Ca 345 - 12 55

CLASSIFY AS

'APPROPRIATE

379| (6-75)

NW 65994 Docld:32989562 Page 25

---

## Page 26

The Attorney General

NOTE:

This memorandun effects delivery of material

relating to Items 5 and 6 of the Hovember 21 SSC request.

and completes our response to requests of the sSc in this

letter.

An exact copy of documents being delivered to the

SSC is being retained in the Senstudy 75 Project,

With respect to the March, 1965, authorization

for microphone surveillance on Bernard Lee, we have

been unable to locate any document in the King or Lee

Illes relating to the purpose of a surveiltance on Lee.

We belicve (as noted in the January, 1965, surveillance

authorization material) that the surveillance was directed

at King, and any room in which fing was likely to meet

with associates. le have not located information indicating

Lice was a primary target of surveillance.

-2 -

NW 65994 Docld:32989562 Page 26

---

## Page 27

2 -

J. A. Mintz

- Mr. J. B. Hotis)

1 - MI. W. R. Wannall

1 - Mr. W. O. Cregar

1 - Mr. H. W. Porter

62-116395

January 5, 1976

UNITED STATES SINAVE SELECT COMITTEE

TO STUDY GOVERNMENTAL OPURATIONS WITH RESPECT

TO INIELLIGENCE ACIIVIIIES (SSC)

RE: REQUISE PERTAINING TO AUTHORIZAFION

AND PURPOSE OF ELECTRONIC SURVEILIANCES

CONDUCIED BY THE FBI

Reference is made to the SSC letter of November 21,

1975, requesting delivery of materials pertaining to the

authorizacion and purpose of certain electronic surveillances

conducted by the FBI.

the SSC letter of lovember 21 referenced a summary

chart prepared by the FBI showing electronic surveillances

condueted by the FBI since 1960.

This chart was fumished to

SsC by memorandun of October 23, 1975.

This memorandum effects delivery of documents

responsive to Items 5 and 6 of the Hoverber 21 SSC letter

dealing with nicrophone surveillances. Those items are

as follows:

Item 5 - Mark Lane and Marina Oswald, 1964-

Tech 6 - Bernard Lee, 1965.

EWP :en in

(8)

Assoc. Dir. -

Dep. AD Adm. -

Dep. AD Inv. _

Asst. Dir.:

Admin. _

Comp. Syst. -

Ext. Affairs -

Files & Com. -

Gen. Inv. _

Ident.

Inspection -

Intell. -

Laboratory

Plan. & Eval. -

Spec. Inv. -

Training -

Legal Caun.

Telephone Rm. -

Director Sec'y -

MAIL ROOM I

NW 65994 Docld:32989562 Page 27

IL INFORMA TON CONTAINS

85pm

PLM

TELETYPE UNIT L

+62-114-385-1255 formo-easer

---

## Page 28

RE :

REQUEST PERTAINING TO AUTHORILATION

AND PURPOSE OF BLECTRONIC SURVEILIANCES

CONDUCTED BY THE FBI

With respect to Item 6, our records indicate a

nicrophone surveillance was authorized on two rooms at

the Sheraton Park Hotel, New York City, where

Martin I. King, Jr., and Bemard Lee,

an associate,

were to reside during the period latch 29 to March 31, 1965.

Heither Ring nor lee occupied those roons during this

period, having registered at a different location in

Bew York City.

In that ragard, we have included naterial showing

surveillance coverago of king on an carlier date in

January 1965.

ife believe this survelllance activity

shows the intent of the surveillance authorized in

March, 1965; nanely, to provide full coverage to areas

likely to be used by king and his associates for meetings.

1 - The Attorney General

2

NW 65994 Docld:32989562 Page 28

---

## Page 29

CLASSIFY AS APPROPRIATE

TO:

Intelligence Community Staff

FROM:

ATTN: Central Index

FBI

SUBJECT: Abstract of Information Provided to Select Committees

1. HOW

PROVIDED (check appropriate term.

If a document was made available

for review

but not transmitted, so

note.)

DOCUMENT

BRIEFING

INTERVIEW

TESTIMONY

OTHER

3. TO WHOM PROVIDED (check appropriate term; add specific names if appropriate)

MATE:

SEE INSTRUCTIONS ON REVERSE

BEFORE COMPLETING.

2. DATE PROVIDED

1/5/76

SSC

HSC

4.. IDENTIFICATION

(provide descriptive data for documents; give name or identification number of briefer.

interviewee,

testifier and subject)

Memorandum and enclosures

5. IN RESPONSE TO (list date and item number if in response

wise state verbal request of (name),

initiative,

to formal request,

other-

subpoena, etc.)

6. CLASSIFICATION OI

INFORMATION (ente

0, C.

Codeword)

TS

SSC letter 11/21/75, Items 5 and 6

U

WORDS (enter

the appropriate key words from the list provided separately;

if key words not listed

underline

for emphasis)

Surveillance, electronic

8. SUMMARY (see reverse side before completing this item)

Materials pertaining to authorization and purpose of electronic

surveillances conducted by the FBI. Specifically microphone

surveillances on Mark Lane and Marina Oswald, 1964; Bernard Lee,

1965.

62-116495

EMK: Imk

(4)

ORIGINAL VIA LIAISON TO CENTRAL COMMUNITY INDEX

IN CONNECTION WITH SENSTUDY 75

ALL INFORMASION CONTAINED

LASSIFER A AME

HEREIN IS

DATEl

TREAT AS YELLOW

379/ (6.75)

NW 65994, Docld 32989562 Page 22m:

CLASSIFY AS APPROPRIATE

621/6395+1255X

---

## Page 30

(Rov, 12-13-56)

ismit the following in -

AIRTEL

FBI

Date:

3/31/65

(Type in plain text or code)

(Priority or Method of Mailing)

TO

: DIRECTOR, FBI /--+---56707

ALL INFORMATION CONTAINED

FROM : SAC, NEW YORK (I00-13654;)

SUBJECT:

MARTIN LUTHER KING, JI.

JUNE

SM-C

ReBu telephone call of 3/29/65, authorizing misur

coverage of subject at the Park Sheraton

• Hotel, 56th St.

7th /Ave., NYC.

at 3:30

misur coverage was

effected on rooms 1461 and 1452,

the rooms at the Park

Sheraton Hotel which were to be gecupled by hine and bertant

EE on 3/30/65.

The sources

are NY 5020-S& (KING's room,

E/suf 1461) and and NY 5021-9*

(LEE's"room, 1462).

vere monitored from room 1501.

on .3/31/65j-at-12:00.noon, these sources were

discontinued.

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

ration ostside your Committee.

Its use is limited to official proceedings by

your Commise and the content may not be disclosed to unauthorized person

net without the express approval of the FBI.

JMK: rMV

(5)

18 APR A 1955

00I X0

Sent

_M

Per:

NW 65994 Docld:32989562 Page 30

---

## Page 31

Tasti

1252*

FD-36 (Rev. 10-29-63)

FBI

Date:

1/11/65

Transmit the following in

(Type in plain text or code)

Via -

AIRIEL

(Priority)

TO:

DIRECIOR, FBI (100-106670)

• FROM:

SAC, NEW YORK (100-136585)

JUNE

Li

SUBJECT:

MARTIN LUTHER KING, JR.

SM-C

ALL INFORMATION CONTAINED

DATE ME YOUSE ALMIKP

Re Bureau telephone call, 1/8/65,

authorizing

misur coverage of subject at the Park Sheraton Hotel, '55th

Street and Broadway, New York City.

On 1/8/65, coverage was effected on the room of

ELSUR KING, rOOm number 2543, and NY. 4853-S* was. Installed at

ELS: 3:00 PM. NY 4854-S# was installed at the same time on the

adjoining room, number 2541, occupied by his associates,

ANDREW YOUNG and BERNARD IFE. These sources were monitored

from room 2441.

On 1/11/65, at 10:45 AM, the designated sources were

discontinued.

1/11/65.

Microphones and monitoring equipment removed

Trespass was involved.

Bureau (100-106670)

"RM)

I - New York (100-136585)

(42)

RECR

JMK: gmd

(5)

10-10672119

1.3

965

This document is prepared in response to

nation outside your Committee.

lis use is umited to official procesengs b

your Comma tee and the content may not be disclosed to unauthoried persari

nel without the enness ammonual of the FBI.

• 9C. Wick

DOrK

Approved: 2

Sent

- M

Per.

WW 65504 DdA, Shed teht in Charge

Pagé 31

---

## Page 32

OPTIONAL FORM NEE 10

MAY-1962 EDITION

5010-106

UNITED STATES GOVERNMEN

Memorandunt

ROUID IN ENVALOPE

TO

Mr. W. C. Sullivan

DATE:

1/8/65

J. A. Sizoo

FROM

ALL INFORMATION CONTAINE

DATE OUT

Belfront

Moh:

¡Casper.

Callahan

Conrad.

Evans -

Gale -

HoseA

Sullivan

Tavel -

Trotter

Tele. Room

Holmes -

Gandy -

хант):

SUBJECT:

MACURY MATTERING,

SECURITY MATTER -

JR.

New York called today and advised that king,

Bernard Lee,

and Andrew Young/registered at the Park Sheraton Hotel

and were

assigned Room 2541 and 2543. SAC Roney advised that the New York

Office had for monitoring purposes the availability of Rooms 2439

and 2441.

scheduled in in the note teen can eatel.

It was felt the results of the discussion would contain considerable

intelligence infornation. New York said that through other informa-

tion which they haye developed, it appears the meeting will actually

be held in lachter'sjoffice, but New York still strongly recommended

use ol microphone coverage in the rooms occupied by King's party

as the results of the meeting in Wachtel's office would later be

discussed in the hotel rooms.

In view of King's continued contact with Claronce Jones

who is king's conduit for contact with communist Stanley Levisony

and: in view of other activities of King, it is considered highly

desirable that New York place microphone coverage on these rooms

if this can be done with full security. Roney assured me full

security would be availablejand that the individuals involved will be

under physical surveillance so the microphone installation could be

made during the conference in Wachtel's oifice. New York contemplated

use of two Wasp instruments, which would not involve running wires out

of the rooms and which instruments can be installed with

full security.

ACTION:

Under the circumstances, I authorized New York to go ahead

with the installation provided it could be done with full security.

: JAS:mls (8) ^

÷ 1-Mr.

Belmont; 1-Mr. Sullivang

REG. 1

100-106022-

I-MT.

# I-Mr.

Baungardner; 1-hI. Brand;

Donobue; 1-Vr. Phillips;

EX-10g

8 JAN 15 10r5

FE. 1-Mr.

100-206601 does in pree in one to Ho teles on i let on the

Its nse is limita to official. prostedings b?,

851379-54

osthou he capress approval of the f

iN 65991 Doclds 2989577 Page 32

COPY SENT IO MR. TOLSON

---

## Page 33

!

TO

OPTIONAL FORM NO. 10

MAY 1962 EDITION

GSA FPMR (41 CFN 101-11.6

UNITED STATES GOVERNMENT

Memorandum

: Mr. J. B.

Adams

1 - Mr. Mintz

•1 - Mr. Wannall

1 - Mr. Cregar

DATE: 1/5/76

1

..- Mr. Hotis

- Mr. Daly

Assoc. Dir. _

Dep. AD Adm.te

Asst. Dir.:

Admin. -

Comp, Syst. _

Ext. Affairs -

Filos & Com. -

Gen. Inv. -

Ident. -

Inspection _

FROM

: Legal

counsel-At..f

Plan. & Eval. —

SUBJECT;

SENSTUDY 75

Spec. Inv. _

Training

Telophone Rm. _

Diroctor Soc'y -

By memorandum 1/2/76, you were advised that Dr. Joseph

William Magee had been contacted by a representative of captioned

Committee and requested to make himself available for interview

by that Committee.

DI. Magee was not advised of the topic of

interview and it was recommended that the Committee be contacted .

and the topic of interview be ascertained and Dr. Magee be ap-

propriately advised of the topic.

Michael Epstein, Staff Member of captioned Committee,

advised on 1/2/76 that the topic of interview by that Committee

would be Laboratory procedures and practices and, in general,

background information concerning Bureau Laboratory operations.

On 1/2/76, DI. Magee was advised of this by SA Paul V.

Daly of this Division.

RECOMMENDATION:

That Dr. Magee be released from existing employment

agreement for purposes of interview by captioned Committee con-

cerning the aforementioned topics.

•т 115i,

REC-1G

1 - Personnel File - Dr. Joseph William Magee

prs

62-1143581

• 5. JAN

1976

MALL INFORMATION CONTAINED

PVD: lad f:

(7)

Lin 9 1976

TW 65991 Nocld:32989562 Buye 33. Savings Bonds Regularly on the Payroll Savings Plas

---

## Page 34

1 - As, J. B.

Adama

3 - Mr. J.A.

Mintz

(I-7x. J.B, Hotis)

(I-M*. P.G. Donahue)

I = Me, W.I. Vannall

Mr. W.

R

Wannall

12/13/75

1

- Hx. D.W. Hoore

Hir. R.

Shackellord

foot foot fait

Ax• H.0, Cregar

• Mr. Rol. Shackolford

— Hr. E.I. Schroeder

JANE TONDA V. I, PATRICK GRAY, eÈ a1,

(U.S.D,C., GID. CALITORNA)

CIVIL ACTION NO. 73-2442-1011

ALL. INFORMATION CONTAINED

HEREIN

DATE TE

LNGLASSIFI DAME

PURPOSE:

To advise that based upon article in the 12/15/75

issuo of the "New Yorls Tines" (copy attached), it appeared

a Stait member of the U. St Senate Select Committee on

Intelligence (SSC) had lenked sevoral Cointelpro docunents

retatiny to Jano Fonda to her.

However, it has been

determined the cointelpro documents in question, which

vere not classifiod, appacently were not leaked to

Foncia,

but were released by the Conmittee and furnished

to her by

lotter from a SSC staif member.

PACKGROUND:

On 10/15/73, Jare Fonda falod civili

suit,

noning

as defendants, various Govermont officials of tho to

Executive Branch, Including the FBI and two banis.

The "Ilew Yorl: Times" issue of 12/15/75, contained

an article captioned: "Jane Fonda Cites Ful Ploy on Ilex."

This article states in part that Ionda had made availablo to

a lederal court in Los angeles, calitornia, documents which.

revealed the FBI had conducted a Cointelpro type endeavoy

against her.

The article further stated Fondo's attorney

had indicated to the court that these docurants had been

provided to him by the ssc.

On 12/16/75, Departmental Attorney R. John Soibert,

who is responsible for the handling of the litigation in this

sult, advised during a hearing held in Federal court,

Los Angeles, 12/15/75, rolaiive to coptioned matter, he vas

served with

two documents, one an airtel fron our los Angeles

Office dated 6/17/70 requesting approval for a Cointolpro

action agairo: Fonda and the second a roply datod 6/25/70,

100-459279

I)- G2-116395 (SSC)

Enclosures - 4

CONTINUED - OVER

ELS : omf

(11)

5651080251978

NW 65994 Docld:32989562 Page 34

SEE ADDENDUM PAGE 3

• Filis

---

## Page 35

Menorandu to Ix. M. E. Wunnall

Re:

Jane Fonda V. I.

Patrick Gray, et al.

100-459270

fron FBIID, authorizing thio action. (Copios attachod.)

Additionlly, Mr. Seibert cavicod that at the corcluaion

of the hoaring on Fondo, 12/16/75, Fonda's attornay fur-

niched hin a copy of a locter dated 12/ 8/75, fron an

soC stass newber, taich lecter had es encloctres, to

aforonentioned Cointelpro docuronts rolating to Fondo.

(Copy atrachod.)

In seviewing Hondquarters" liler relating to the

Burozu's Counterintolligance Program, li is noted that

pursuant to a requent of the SSC, regarding Cointelpro

activities, a nunber oi documents were furnished on

9/b/swx to an ose stair benber, which included the above

described cointelpro locusence.

OBSERVATIONS:

A reviow of the "Rules of Procodure" for the SSC,

on pago 5, the following cuatenent, in part, is sot forth:

"No other

naderinle receivod by the stals or ite con-

cultanto whilo in the caploy of the Connitico chall be nade

public, in whole of in part of by voy of summary, or disclosod

to any

percon outsido the Commitico unleas authoriced by a

najority vote of the entire Connitúee."

is noted it was specifically stated in the eSC

stati menber's letter to Fonda's attorney dated 12/ 3/75,

that the release or the cointelpro documents in question,

were in fact, released by the Committee.

Thus, it vould

appear tho furriching of the documonis to Fonda wore within

the cuidelinen of the Coralttoo and such docunonts vere

not tanked.

RECONSTINDATTOR:

Hone.

For intornation only.

- 2 -

NW 65994 Docld:32989562 Page 35

---

## Page 36

ADDENDUM

LEGAL COUNSEL DIVISION PVD: lad

12/30/75

While on a informal basis the Senate Select Committee

has been notifying the Bureau prior to release of Bureau documents

outside the Committee, there is no written agreement that they

will do so. In this instance, Legal Counsel Division understands

that the Bureau in responding

to a motion for discovery in the

Fonda law suit stated that Jane Fonda was not the target of a

COINTELPRO activity.

This statement was based on a review of the

main file pertaining to Fonda and Bureau indices. The Senate

Select Conmittee subsequently determined, in fact, she was the

target of COINISLeRO and lurnished copies oi those doouments to

Fonda's attorney-

We recommend that no protest be made to the

Committee. Departmental Attorney Selbert is aware that we failed

to locate

and furnish two documents germaine to the motion for

discovery and corrective action concerning this matter is being

taken.

...«

• 3 m

NW 65994 Docld:32989562 Page 36

---

## Page 37

170 Effort by Hoover to Discredit

Jane Fonda Described in Memo.

Special to The New York Times

LOS ANGELES, Dec. 15-J.,ing the rally and encouraged!

Edgar jhoover sought to discre-to contribute money to

dit Jane Fonda in 1970 byguns,

"buy)

for the

coming revolu-

tion.

authorizing the Federal Burcau

Copies of two

of Investigation to send a letter dums. one

memoran-

asking for pei.ni.

to a Hollywood columnist ac-

Ision to mail such a letter and

cusing the

actress of leading the director's reply of authori-

"refrain" about killing Pres-

zation.

were

presented

according

memorandum intruduced in Fe pretrial

hearing

in

à deral

court

connection

with

'ders! District Court here today. lawsuit filed in 1973 by Miss!

The letter purportedly

said Fonda against President Nixon.

that the writer,

who used alseveral Watergate figures, the

fictitious name,

had attendediF.B.l., the Central Intelligence'

a

Black Panther Party

rally Agency and two banks.

at which Miss Fon 2, a politicall

activist, had led a refrain say-

Miss Fonda charges that herl

'ing

, "We will kill Richard Nixon

civil righis

were

violated

as

the target of a Government

and any other (obscenity] who surveillance program and cam-

stands in our way.

paign to

In

the

discredit her when

Miss Fonda

F.B.I. memo, which'she was active in the antiwar

said she had ob- movement.

tained from

She said outside

the Senate Selectithe courtroom today that thei

Committee on Intelligence, the letter was

director said:

"absolutely and to-

itally false" and it proved

"It can be expected that Fon- Nixon

Administration's

the

"or-i

da's

involvement

with

the'ganized, systematic attempt to!

¡B.B.P. cause could detract from'make me appear like a foul-

status with

the general:mouthed.

public

if reported in

wood 'gossip' coiumn." a Holly person.

violent

The memorandum

instructed!

the Los Angeles bureau of the

F.B.I. to

"insure that mailing

cannot

bureau."

be

tracea

to

the

No Recollection of Letter

The letter was to be sent to!

Army Archerd, a columnist for

Variety, the entertainment in-

dustry

newspaper.

However,

Mr. Archerd said today he had

no recollection of ever receiv

ing such

letter and addedi

that he

"would never

run al

blind

item

like

that without

checking it cut."

In the purported letter, the

writer.

"Morris,

said that he

hed been searched. upon enter:

ALL INFORMATION CONTAINED

EREIN IS UNCLASSIFIE

ATE 11000. BY5 BALMIX

The Washington Post

Washington Star-News -

Daily News (New York) _

The New York Times A,

The Wall Street Journal

The National Observer -

The Los Angeles Times -

Date

12.1575

' .....

NW 65994 Docid:32989562 Page 37

62-116.3751

ARNATO BICUMCIOn MOUld ariCO In Caro

---

## Page 38

BIT®

E.

G.

6/25/70

Bishop

MOOIC

kirtol

JUN 2 5 1970.

Co

• EX-110

To:

SAC, LOS AnTelOS

REC 16

From:: Director, FBI !

COUNTCRINTELLIGSNCI PROGRA.

ALL INFORMATION CONTAINED

BLACK NATIORALIST - INTE GROUPS

RACIAL INTELLICBICE

BLACK PAITHER PARTY

deLAzirtel 6/17/70.

You are authorized to prepare a letter as set

forth in relet and nail to Amy. Archerd, the licilyood

"gossip" coiunnist.

Insure. that railing cannot ic traced

to the Burcau.

('5)

NCTE

Los Asgeles proposed that a leiter from a fictita

person be sent to Holly.ood "gossip" columnist ci

"Daily Variety" in connection with his column on G/11/79

indicatin" Jane Fonda, noted filn actress, would attendl a

Black panther party iund raising furction

on 6/13/70.

The proposce lottes states the vitor attended the function

and was searched upon entering, urged to contribute tunes

for jailed Panther leaders and to buy guns for

revolution."

1Ico, that Jane ind one of the Panthers leng

a refrain "ic will

F..

..Who stands in our

kill Richard fison, and any othere:

It can be expcetod that

Fonda's invol:enent with the CFP cause could detraci fron

her status with the reneral public it reported in a

Hollywood gossip' colung.

-DB JULI

1970

Mine lander

---

## Page 39

insmit the following in -

AIRTEL

F!1

Hale:: 6/17/70

(Type in plainiers or coiles

AIR MAIL - REGISTERED

(Priorily

ALL INFORMATION CONTAINED

HERE MADI

UNCLASSIN

TO:

FROM:

RE:

DIRECTOR, FBI

SAC, LOS, ANGELES

COUNTERINCELLIGENCE PROGRAM

BLACK NATIONALISI-RATE GROUPS

RACIAL INTELLIGENCE

BLACK PANTHER PARTY. (BPP)

(P)

Re Los Angeles telotype to Bureau, 6/15/70,

entitled "COINITTES UNITED FOR POLITICAL PRISONERS (CUPP),

IS-MISCELLATEOUS, THREAT AGAINSI PRESIDENT NIXON".

Bureau authority is requested in sending the follori

lotter from a fictitious person to api ARcHero,

Hollywood

"gossip" colunist for the "Daily Variety", who noted in his

• 6/11/70 column that JANE FOlDA, noted film actress, was to be

present at the 0/13/70 31ac Panther Party find raising

function soonsored by CUP? in los Angeles.

It is folt that

knowledge of FONDA's involvement would cause heri

embarrassmen

and detract from her status with the general public.

"Dear Army,

• *=

I saw your article about Jane Fonda in 'Dally

Variety' last Thursday and happened to be pregent.

for vadim's 'joan of Arc's" performarco for the

Black Panthers Saturday night.

I. hadn't been

confronted with this Panther phenomena before out

we were searened upon entering Embassy auditorium,

encouraged in revival-like fashior to contribute

• 131

dorend jailed Panther leaders and buy guns lor

the coming rovolution!

and lea by dare and ore

Bureau (RM)

REC 16 :

2

San Francisco (Ri)

2 - LOs

Angelos

JUN 1:9 1970

2a-110

(6)

pproved:

Sent.

Special Agent injulike

_ M

RESEARCH SECTION

Joe coiner fee one see ar

116-090 1311

OM

02

NW 65994 Docld:32989562 Page 39

---

## Page 40

IA 157-4054

the Panther chaps in a 'we will kill Richard

Nixon, and any other l-----F----- who stands

In our way' refrain (which was shocking to say

tho least!). I think Jano has gotten in over

her hoad as the wholo atmosphere had tae 1930's

Munich beer-hall aurs.

"I also think my curiosity about the Panthers

has been satisfiea.

"Regards

Is/ "Morris"

If approved, appropriate precautions will be takep

to precludo the identity of the Bureau

the source

of thip)

oparation.

NW 65994 Docld:32989562 Page 40

---

## Page 41

FIÜUL: CHUNCH, IDAHO, CHAIMHAN

"SHU I TOWER, TEXAS, VICE CHAIANA?

PHILIP A. MARIA, HAICH.

НюШАЯо Н.ВАКЕЯ,.

WALTEN #. HONORLE, MINN.

JAARY COLOWATER, ARIZ.

WALTER O' HUDDLESTON, XY.

CHAALES MCC. MATHIAS, 1RAMO

посви монсам, ч.с.

MICHARO S. SCHWEIKER, PA.

GANY MART, COLO.

WILLIM G, MILLEN, STAFF DIMECTOR

FREDERICK A. D. SCHWARZ, JR.. CHIEF COUNSEL

CUNTIX R. SMOTHERS, MIMORITE CCUNSEL

anited States Senate

SELECT COMMITTEE TO

STUDY GOVERNMENTAL OPERATIONS WITH

RESPECT TO INTELLIGENCE ACTIVITIES

(FURSUIT TO S, RES, 11, MTH CONGRESS)

WASHINGTON, D.C. 20510

December 8, 1975

Mark Rosenbaum, Esq.

American Civil Liberties Union

633 South Shatto

Los Angeles, California 90005

Dear Mi. Rosenbaum:

I enclose a copy of the Counter Intelligence

Program document referring to your client, Jane Fonda,

which the Committee released with her permission last

week.

The Committee is also investigating the actions

taken against COINTELPRO targets which were not carried

under that caption. We would, therefore, appreciate it

if your client would give us her written permission

to

inspect her complete investigative. file.

Enci.

Sincerely,

Bacter bom

Barbara Banoff

Counsel

ALL INFORMATION CONTAINED

TEREIN IS UNCLASSIFIE

_BY SPEALMKP

69-1165557

NW 65994 Docld:32989562 Page 41

---

## Page 42

#D-39 1RAU 5-99-54!

Transmit the following in

Via

AIRTEL

FBI

Date: 12/17/75

(Type in plaintext or code)

AIR MAIL

(Priority)

TO:

SUBJECT:

DIRECTOR, FBI

(ATTN:

Supervisor JAMES K. HALL

General Investigative Division)

ADIC, LOS ANGELES (134-2702) (P)

WILLIAM TULIO DIVALE

FORMER LA 4688-S

SM-CPUSA

Re Bureau teletype to Los Angeles, captioned

as

above, dated 12/15/75.

Pursuant to instructions contained in referenced

Bureau teletype,

enclosed for FBI Headquarters are two

xeroxed copies

of the following documents:

Los Angeles airtel captioned, "KENSALT" dated

1/27/69 enclosing letterhead memorandum (LHM)

captioned,

"WALTER SHERRILL CROWE, JR.," dated

1/27/69;

Report of SA FREDERICK E. BECKER captioned

"WALTER SHERRILI CROWE, JR.," dated 10/25/68;

Los Angeles teletype to FBI Headquarters

captioned, "LA 4688-S" dated 12/16/68;

Bureau (Enc. 44)

-

Los Angeles

(1 - 100-67358)

TJA/ dw

(4)

• ALL INFURGIAMION CONTAINED

1:1..

¡OT RECORDED

46 JA: Pee 1976

ARBON COPY

Sent

55 FEB 399/91 Agent in Charge

NW 65994 Docld:32989562 Page 42

. M

Per

-PAINTING ONFICE: 10390 desi dill

---

## Page 43

LA 134-2702

Los Angeles teletype to FBI Headquarters

captioned

"LA 4688-S" dated 12/5/68;

Seventeen reports furnished by former LA

4688-S bearing Los Angeles

serial numbers

134-2702A-567, 569, 571,

572, 575, 578, 579,

382, 584, 585, 586, 587,

590, 592, 597, 598,

599;

Leaflet furnished by former LA 4688-S

issued by SDS regarding regents of UC.

WW 65994 Docld:32989562 Page 43

---

## Page 44

OPTIONAL FORM NO.

HAY 1962 EDITIO

GSA EPAR 141 CER tO1-11.6

UNITED STATES GOVERNMENT

Memorandum

Assoc. Dir. -

..

:

FROM :

SUBJECT:

ALL INFORMATION CONTAINED

DARE I GO SY BREALM

Mr. J. B. Adams

DATE: 12/10/75

Legal Counsel

Comp. Syst. _

Exs. Affalrs —

Filos & Com.

Gen. Inv. -

ldent..

Inspection

Intell..

Laboratght

Legal Eas

SENATE SELECT COMMITTEE

ATTORNEY GENERAL'S TESTIMONY

DECEMBER 11, 1975

Training —

Telephone Rm. -

Diractor Soc'y _

Attached is a draft of the Attorney General's testimony to be

given before the Church Committee on December 11, 1975. The draft

was forwarded to me by Jack Fuller of the Attorney General's office today

with a request for comments. I furnished a copy of the draft to Mr. Adams

and to Mr. Wannall and I reviewed a copy. After consulting with Mr. Adams

and Mr. Wannall, I called Jack Fuller and advised him that we would

recommend the following changes:

On page 8, first full paragraph following line 7, we recommend

the addition of 'The Director promptly responded to my request. "

On page 12, first fill paragraph, we recommend the addition

of the following sentence after the first sentence of the paragraph:

"However, today the FBI continues its long-established practice of

submitting investigative results in such matters to the Criminal

Division. "

On page 12, first full paragraph, the last sentence states the

standard to be followed in domestic security investigations. I recommended

to Fuller that the standard seeking to require a "conclusion that the

individual is engaged in certain activities" be modified to require only

that there be a "reasonable suspicion that the individual is engaged in

such activities. " Fuller told

me that the Attorney General had changed

the language from "conclusion" so that the sentence would read: "The

standard would be that there must be specific and articulable facts giving

reason to believe that the individual or group under investigation is

engaged in the actarlief I have s lited, " I painted out to fuller that

1 - Mr. Wannall

1 - Mr. Moore

REC-14

1 - Mr. Hotis

1 - Mr. Daly

1 - Mr. Mintz

JAN 13 1976

CONTINUED - OVER

JAM:mid

9 1976

659% ,Pocld:32989562 Page

Ua. Savings Bonds Regularly on the Payroll Savings Plan

---

## Page 45

Memorandum to Mr. Adams

Re: Senate Select Committee

the standard expressed in that sentence is equivalent to the probable

cause requirement for an arrest and that if we had that information the

FBI would be authorized to proceed to make an immediate arrest instead

of merely to conduct an investigation. Mr. Fuller said he understood

that problem, but that the Attorney General had directed the standard

to be "reason. "'= to believe."

I then asked Mr. Fuller if he would be willing to modify the

sentence so that the standard would include information that the

individual is engaged "or may be engaged" in the activities. He said that

possibility had been discussed specifically with the Attorney General

and the Attorney General declined to modify the standard in that way.

Therefore, the Attorney General will state tomorrow that the standard

will be "reason to believe."

RECOMMENDATION:

For information.

- 2 -

NW 65994 Docld:32989562 Page 45

---

## Page 46

OFFICE OF

THE ATTORNEY GENERAL

12/10/75

TO :

FROM:

JACK FULLER

Here is a draft of the Attorney General's

testimony to be given before the Church

Committee tomorrow.

Do you have any comments?

ALL FRI INEDRMATRON CONTAIVAD

ST 115.

ENCLOSURE'

N

ENCLOSURE

REC-14 62-111-3951853

1501249525530

17 JAN SE 1976

NW 65994 Docld:32989562 Page 46

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## Page 47

ORATIONI

50LA88

NW 65994 Docld:32989562 Page 47

The Committee has asked me to talk with you

today about the future of the Federal Bureau of Investigation.

I thought it might be helpful if I outline quite briefly

some of the points I would like to make, some of the

problems I think ought to be considered, and some of the

steps we have taken.

The first point is that the statutory base •

for the operations of the Bureau cannot be said to be fully

satisfactory. The basic statutory provision is 28 USCA

533 which provides that the Attorney General may appoint

officials "(1) to detect and prosecute crimes against the

United States; (2) to assist in the protection of the

President; and (3) to conduct such investigations regarding

official matters under the control of the Department. of

Justice and the Department of State as may be directed by

the Attorney General.".

There are other statutes, such

as the Congressional Assassination, Kidnapping and Assault

Act, which vest in the Bureau special responsibilities to

investigate criminal violations. In addition, there are

Executive orders and Presidential statements or directives

which place investigatory responsibilities upon the Bureau.

A number of questions are often asked about this

statutory base. It has the virtue of simplicity, but the

Executive orders which deal with government employee

investigations are complicated and confusing, and Presidential

ENGroSsa 2-116 385-1253

---

## Page 48

:

- 2 .

memoranda, or, perhaps, oral instructions from a President,

may be difficult to collate. I think it is important,

in any case, to separate out the kinds of questions which

are asked about the Bureau's authority base. Some questions

are constitutional in nature, relating to the inherent power

of the President; others go to the interpretation of the

statutes and the relationship between the statutes and

Presidential directives; others go to the failure of the

statutes to define sufficiently the areas of the Bureau's

jurisdiction or to spell out sufficiently--and this is

partly constitutional--the means and methods which the Bureau

is permitted to use in carrying out its assigned tasks.

The second point, related to the first, is a

continuing discussion of the role of the Bureau in intelligence

investigations or domestic security investigations. The

argument is sometimes made that the Bureau's proper role,

at least in purely domestic matters, should be limited to

investigations of committed crimes. The basic statute for

the Bureau is broader than this, as have been Executive

orders and Presidential mandates. to the Bureau. The basic

statute is broader, since it refers to investigations

regarding official matters under the control of the Department

of Justice and the Department of State as may be directed

'by the Attorney General. A disparity is sometimes seen

among

the different roles of the Bureau in crime detection,

in on-going domestic security matters, and in foreign

intelligence or foreign counterintelligence matters. In

NW 65994 Docld:32989562 Page 48

---

## Page 49

- 3 -

recent days a statement by the then Attorney General Harlan

Fiske Stone, who established the Bureau and chose

J. Edgar

Hoover as its director, has been quoted as a relevant

warning.

Stone warned "There is always the possibility

that a secret police may become a menace to free government

and free institutions, because it carries with it the

possibility of abuses of power which are not always quickly

apprehended or understood ..... It is important that its

activities be strictly limited to the performance of those.

functions for which it was created and that its agents

themselves be not above the law or beyond its reach ....

The Bureau of Investigation is not concerned with

political

or other opinions of individuals. It is concerned only

with their conduct and then only with such conduct as is

forbidden by the laws of the United States. When a police

system passes beyond these limits, it is dangerous to the

proper administration of justice and to human liberty, which

it should be our first concern to cherish."

I should like to suggest that Stones warning always

must be considered rélevant to the proper conduct of the

Bureau's duties, but it does not necessarily follow that

domestic security investigations are, therefore, outside

the Bureau's proper functions. The detection of crime in

some areas requires preparation and

at least some knowledge

of what is likely to be going on. What is at issue, I think,

NW 65994 Docld:32989562 Page 49

---

## Page 50

-4-

is the proper scope, the

means and methods used, the attention

paid to conduct and not views, and the closeness of the

relationship of the conduct and that which is forbidden by

the laws of the United States:

Third, I realize that some proposals, since I

was asked about this when I last appeared before this

Committee, might separate out in some fashion domestic and

foreign intelligence functions from the FEI cr from one

another within the FBI. This is, of course, an issue to

be looked at. I assume it is recognized that there may

be some relationship between that intelligence which is

domestic and that intelligence which is involved in foreign

counterintelligence work. One may lead to the other.:

And there may be a relationship between foreign counter-

intelligence

and foreign intelligence. If the work were

separated out into different agencies, I do not know if

the decision about when an investigation should pass

from one agency to another always could be made easily.

Moreover, even so, information presumably would pass from:

one agency to the other. I know that one consideration

has been that it might be decided that information collected

by some permitted means in intelligence investigations

under some circumstances should not be used in criminal

prosecutions. But if there is an exchange of information,

this

must always be a consideration, whether there are

separate agencies or not, and the basic question then is one

NW 65994 Docld:32989562 Page 50

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## Page 51

-5-

of use and not organization. The more active concern,

I believe, is that there is a risk that conduct proper for

one area may be improper for another, and that the combination

can work a contamination. My view on this is that in any

case we must decide what conduct is appropriate and is

inappropriate for each of the areas, and we must take

steps to make sure that conduct is lived up to. My hope

is that the fact that the FBI has criminal investigative

responsibilities, which must be conducted within the confines

of constitutional protections strictly enforced by the courts,

gives the organization an awareness of the interests of

individual liberties that might be missing in an agency

devoted solely to intelligence work. I know the argument

can be run the other way. I believe the dangers are greater

if there is separation.

NW 65994 Docld:32989562 Page 51

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## Page 52

Fourth, there is a question as to the proper role of

the FBI in crime prevention and whether or not it should be

considered authorized

to take steps under some circumstances

to reduce the likelihood that crimes will be committed

or that serious injury to persons

or propexty will occur.

Preventive action has raised serious questions and these

must be dealt with. But I suppose an initial question is

whether it should be allowed at all. Yet I believe under

special circumstances and with proper controls most would

believe this to be a proper function,

Fifth, the problem of proper controls, supervision and

accountability is all-embracing. By statute the Federal

Bureau of Investigation is in the Department of Justice,

and also by statute the Attorney General is the head of the

Department of Justice. The history is mixed, of course, and

we all have a tendency to over simplify, but it is ä fair

statement that there have been times in the past when the

supervision by Attorneys General, granted that the Bureau must

have considerable autonomy, has been sporadic, practically

nonexistent, or ineffective. I hope that is not the case now.

The responsibility is a heavy one. But in any event the prob-.

lem of proper controls, supervision and accountability goes

beyond the Director of the Bureau and the Attorney General.

I have already mentioned that in my view the statutory base for

• the operations of the Bureau cannot be said to be fully satis-

factory. I think that better controls and performance can

bi achieved through statutory neans, executive orders, guide-

linas, and reporting to appropriate congressional committees.

NW 65994 Docld:32989562 Page 52

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## Page 53

: • Sixth, before

come to a resume of some

the steps •

which have been

taken, let me say I know we all realize that

in the past there have been grave abuses, I am uncomfortable

with a kind of writing of history, however, which sees it only

in terms of the abuses and not in terms of past and present

strength. It is very difficult to be fair to the past in which

many institutions of government carried a share of responsibility.

But more than unfairness is involved. If we are not careful, .

we will turn to solutions of the moment which a better reading

of history might indicate are not the best solutions.. I know

we must seize the moment if I may use such a phrase in this

setting. I know also that this Committee realizes that a very

important agency with dedicated, highly professional, greatly

• disciplined government servants is involved. The importance

is to the security and domestic tranquility of the United States.

Stone's warning was given in an act of creation. He was proud

• Of his creation. In spite of the abuses, there is a proper

place for pride. I take it our mutual work should be to nurture

that pride and the conditions which justify it.

I turn now to a review of some of the steps which have been

taken or are in progress. We have tried most diligently, under

safeguards to protect the privacy of individuals and with an

awareness

of the unfairness of instant history to give.a

• great deal of information to Congressional committees. Attorney

General Saxbe, Deputy Attorney General Silberman, and Director •

Kolley testified about the so-called COINTELPRO. When the FBI

discovered evidence of several more COINTELPRO projects after I•

NW 65994 Docld:32989562 Page 53

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## Page 54

-8 -

became Attorney General, these were revealed

One of my first

acts as Attorney General, my third week in office, was to testify

before a Congressional committee about possible incidents of

political misuse of the FBI by the White House in the past

and about the nature of FBI file-keeping systems, particularly

•the files kept by Director Hoover in his office suite. Director

Kelley has spoken publicly and before congressional committees

•about incidents in the past in which FBI agents engages in

break-ins to gather or photograph pyhsical evidence in intelli-

gence investigations. On a number of occasions, most recently in

testimony before this Committee, I have described the history

of the use of electronic surveillance by the FBI. We have

welcomed such opportunities.

On February 26, 1975, I directed Director Kelley to

report to me any requests made of the Bureau or practices within

the Bureau which he deems improper or which present the appear-

ance of impropriety. On February 28, 1975, Dixector Kelley

ordered FBI personnel to report such requests or practices to

him. In July 1975 I reaffirmed my February directive and also

asked for a report of all

sensitive Investigative pIactices.

The Director promptli responded to my request

Directory Kelley

has regularly provided information on conduct

by Bureau agents and programs underway within the Bureau that

could raise questions. These matters have been reviewed and •

discussed within the Department so that a consistent and approp-

riate policy can be achieved.. This is a continuing process.

I. do not assert that we are aware of everything about the Bureau.

Nor do I suggest that we ought to know everything. Appropriate

NW 65994 Docld: 32989562 Page 54,

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## Page 55

conmunication, consultation and supervision

this level

have to be selective. I make this point, which I think may

sound disconcerting, not in any way to minimize the respon-

sibility of the Bureau to keep the Department informed. nor

minimize the Department's duty to find out. Rather

I want to be realistic about a learning and organization

problem which requires realism if it is to be understood

and perfected.

With respect to possible legislation, the Department

has in preparation various drafts of possible bills which may

•be of assistance in the area of what is now warrentless

electronic surveillance. Although obtaining a judicial warrant

does not automatically eradicate the possibility of abuse;

it is perceived to be an important safeguard of individual

privacy interests, and we are exploring, as we said we would

do, various possibilities

and alternatives.

NW 65994 Docld:32989562 Page 55

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## Page 56

. - 10 -

Finally, a committee within the Department of Justice--

chaired by Mary Lawton; Deputy Assistant Attorney General in the

Office of Legal Counsel and composed of representatives of my

office (Jack Fuller), the Criminal and Civil Rights Division

(Phil White, Walter Barnett), the Office of Policy and Planning

(Alan Kornblum) and the FBI (John Hotis) --has been working for

eight months reviewing FBI procedures in many areas and drafting

guidelines to govern those procedures in the future. The Committee

has produced draft guidelines covering White House inquiries,

Congressional and Judicial staff appointment investigations, un-

solicited mail, and domestic security investigations. It is

currently at work on guidelines covering counterespionage. in-

vestigations and will later: consider the use of informants, the

•employee loyalty program, organized crime intelligence investiga-

tions, criminal investigations, and other aspects of FBI practice.

The Committee's work has been extensive and time-consuming. "It

has involved not only questions of proper safeguards but also of

efficiency in the proper functioning of the Bureau. It has

been an effort to translate into words the complicated and

important mechanisms for controlling the FBI. I hope the

Committee's efforts at articulation will be of use to this Com-

mittee and others as it considers drafting legislation.

You have received copies of the

latest drafts of the

guidelines that have been substantially completed by the Committee.

These guidelines do not yet represent Department policy. There

is disagreement within the Department on some aspects of these

guidelines. I have disagread with the Committee recommendations

NW 65994 Docld:32989562 Page 56

---

## Page 57

- 11 =

from time to time, and the FBI has raised substantial questions

rabout other recommendations-particularly with respect to the

treatnent of unsolicited mail. Some of the proposals in the

guidelines could be promulgated as departmental regulation.

Congress may feel some

ought to be enacted into statutory law.

Other provisions would require implementation by executive order.

I would be glad to discuss these draft guidelines with

you in detail in response to your questions, but a brief discussion

of the guidelines on domestic security may be useful at the outset.

The guidelines begin by attempting to impose some order

and definiteness

to the domestic security field. To begin

with, these guidelines do not deal with FBI efforts to counter-

act the work of foreign intelligence services operating within

the United States. Standards for determining when there is

foreign involvement sufficient to place a subject in the category.

of foreign counterintelligence investigation are now being debated

within the guidelines committee.

The domestic security guidelines

also are not meant to cover security or background investigations

of federal appointees or investigations of ordinary crimes. Under

the draft guidelines domestic security investigations are only .

to be authorized when there is a likelihood that the activities

of individuals or groups involve or will involve the use of force

or violence in violation of federal law. Domestic security inves-

tigations are to be limited to activities of individuals or groups

intended to accomplish one of five purposes: overthrowing the

government of the United States or of a State; interfering with

th..

activities within the United States of foreign governments

NW 65994 Docld:32989562 Page 57

---

## Page 58

- 12-

or their representatives; influencing government policies by

interfering by force or violence with government functions or

interstate commerce; depriving individuals of their civil rights;

•and creating domestic violence of rioting when such violence

or rioting would necessitate as a countermeasure the use of

federal armed forces. There is also a provision for limited

investigation when there is a clear and immediate threat of domestic

violence which is likely to result in a request by a state for fed-

eral armed assistance.

Currently there is no procedure requiring the review out-

side the 181 of al sense investion co ea

ducted by the FBI. Under the draft guidelines there would be

a comprehensive program of reporting to the Attorney General, of

his designee of

all preliminary and full domestic intelligence

investigations. The Attorney General would be required under

the draft guidelines to put a stop to any full investigation whose

justification did not meet an established standard. The standard

would be that there must be specific and articulable facts justring

personable

suspicion reason to believe.

tifying the conclusion that the individual or group under inves-

,.tigation iajengaged in the activities I have just listed.

Anther feature of the draft guidelines is to place

strict controls upon the use of any technique by the FBI which

goes beyond the gathering of information. COINTELPRO was the

name given the use of some such techniques. As I have said

before, some of the activities in COINTELPRO were outrageous

and the others were foolish.

Nonetheless, there may be circum-

nice testee

NW 65994 Docld:32989562 Page 58

---

## Page 59

- 13 -

stances involving an immediate risk to human life or to extraordin-

arily important government functions that could only be

countered by some sort of preventive action. The guidelines

require that any such preventive action proposal be submitted

to the Attorney General. He could authorize the preventive

action only when there is probable cause to believe that the

violence is imminent and when such measures are necessary to

minimize the danger to life or property. The preventive action

would in all cases have to be nonviolent. The Attorney General

would be rquired to report to Congress periodically and no less

often than once a year on the use of preventive action by the

FBI.

I make no claim that during this rather difficult but

interesting and--I must trust--promising period, that we have

achieved all that might have been possible. In many ways the

work has been disappointingly slow. But I do think we have

made advances in nurturing and helping to improve a structure

which will be supportive of the best efforts of the men and

women in the Department of Justice and in the Federal Bureau of

Investigation. No procedures are fail-safe against abuse.

The best protection remains the quality and professionalism of

the member of the Bureau and of the Department.

NW 65994 Docld:32989562 Page 59

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## Page 60

FBI

OFFICE OF THE DEPUTY ATTORNEY GENERAL

WASHINGTON, D.C. 20530

December 1, 1975

SUBJECT:

TO:

John A.

Mintz, Assistant Director

Legal

unsel D

Federal

Investigation

Michael E. Shaheen, JI.

Special Counsel for Intelligence

Coordination

Senate Select Committee Request

Attached is a letter from the Senate Select

Committee dated November 25, 1975, requesting various

information regarding the King matter.

Please prepare

an appropriate response to this request.

ATT, WEI LUTORDAAMION CONTAITIO

DANCE BE UNES ACCID

ST Tre

REC-14

CC :

Bracers

" Shaban

4: 50 find

Paul

- Daly

bith.

116395-1252

5 JAN 15 1976

Cans MY Wi

8

"gÀ

N2

1976

NW

65994

D

ocld:32989562

signe te

19

e

62-116385

---

## Page 61

December 1, 1975

TO: John A, Mintz, Assistant Direotor

Legal Counsel Division

Federal Buzocu of Investigation

FROM:

Nichael E. Shaheen, JI.

Spoolal Counsel for Intelligence

Coordination

SUBJECT: Senate Select Cormittee Request

Attached is a letter from the Senate Seleat

Committoo dated lovember 25, 1975, requesting various

infornation regarding the king matter.

Plcase prepare

an appropriato response to this request.

ALE TEL ITORLIATION CONTAITED

cc: Paul Daly

NW 65994 Docld:32989562 Page 61

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## Page 62

ANK CHURCH, IDAHO, CHAIRM

IN G. TOWER. TEXAS. VICE CHAIRM

•HILiN' A. HART, MICH.

HOWARD H. BAKER, JR.

ViALTER F. MONDALE, MINN..

BARRY GOLDWATER, M

MALTER D. HUDDLESTON, KY.

CHARLES MCC. MATHI

Ang MD,

POBERT MORGAN, N.C

RICHARD S. SCHWEIKER,. #o

, GARY HART, COLO.

WILLIAM G. MILLER, STAFF DIRECTOR

FREDERICK A. O. SCHWARZ, JR., CHIEF COUNSEL

CURTIS R. SMOTHERS, MINORITY COUNSEL

#+-*

United States Senate

SELECT COMMITTEE TO

STUDY GOVERNMENTAL OPERATIONS WITI

RESPECT TO INTELLIGENCE ACTIVITIES

(PURSUANT TO S. RES, 21, S4TH CONGRESS)

WASHINGTON, D.C. 20510

November 25, 1975

-

Michael E./ Shaheen, Esq.

Special Counsel for

Coordinatior

Intelligence

Office of the Deputy Attorney General

U.. S. Department or Justice

Washington, D.C.

20530

Dear Mike:

I would appreciate your making available to the

Committee the following items in connection with our

investigation of the King matter:

1. All memoranda and any other materials which

pertain to contracts, conversations or meetings between

one Val Coleman and Special Agent Harold Linebaugh or

any other FBI Headquarters officials concerning Martin

Luther King, JI., during November or December of 1964.

2. All memoranda and any other materials which

pertain to contacts, conversations or meetings between

any FBI Headquarters officials and any representatives of

the news media concerning Martin Luther King, Jx., during

November or December of 1964.

3.

All memoranda and any other materials which

pertain to a meeting between Ralph Abernathy and either

FBI Director Hoover or Cartha DeLoach during December

1964 or January 1965 (other than the December 1, 1964

meeting which was attended by Dr. King and the January 11,

1965 meeting

which was attended by Andrew Young).

4.

All memoranda and any other materials which

pertain to the following statement which appears in the

second paragraph of the September 11, 1964 memorandum

from Mr. F. J. Baumgardner to Mr. W. C. Sullivan, captioned

"Max til luther King, JI., Security Matter - Connunist":

13

RECEIVED

DEG I 15

111/

ALI!

ANEORMATION CONTAINED

BE IN HASEANCE

lied tida

- 1252

NW 65994 Docld:32989562 Page 62

---

## Page 63

Michael E. Shahe

*Page 2

November

25; 1975

<*

• On

that occasion Assistant Director

DeLoach's office was able to take

appropriate action to forestall the

publication of the article.

5.

The 7/16/64 memorandum from Mr. Baumgardner to

Mr. Sullivan which is noted in handwriting at the bottom

of the second page of the July 15, 1964 memorandum from

MI. Baumgardner to Mr. Sullivan, captioned "Communist

Party, USA, Negro Question, Communist Influence in Racial

Matters, Internal Security - Communist:"

6. With respect to the March 29, 1968 memorandum,

with enclosure, from G. C. Moore to Mr. W. C. Sullivan,

captioned "Counterintelligence Program, Black Nationalist

- Hate Groups, Racial Intelligence (Martin Luther King)"

please provide:

a.

Access to original of this memorandum

and its enclosure;

b. Access to all extant "tickler" and/any

other copies of this memorandum and its attachment

in their original form;

c. All. memoranda and any other materials

which pertain to, bear upon, or indicate any

actions taken pursuant to or in connection with

the recommendation contained in this memorandum.

(This should include any and all information

adduced, collected, and/or prepared in connection

with Mr. James Adams' testimony on this subject

before the Senate Select Committee on November

: 18,

1975 .)

d.

All memoranda and any other materials

received from FBI field offices or written at

FBI Headquarters

prior to and pertaining to the

recommendation contained in the March 29, 1968

memorandum.

7.

With respect to the memorandum with enclosure,

from W. C. Moore to Mr. W. C. Sullivan, dated March 26,

1968, captioned "Counterintelligence Program, Black

Nationalist - Hate

Groups, Racial Intelligence (Washington

Spring Project, please provide the access

and/or materials

requested in a,

b, c, and d of Item 6 above.

NW 65994 Docld:32989562 Page 63

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## Page 64

Michael E. Shah

Päge 3

-

November

1975

8. With respect to a memorandum with enclosure,

from G. C. Moore to Mr. Sullivan, dated 3/28/68, captioned

"Sanitation Workers Strike, Memphis, Tennessee,

Racial

Matters," please provide the access

and/or materials

requested in a, b, c, and a of Item 6 above.

9. Responses to Items 6, 7, and 8 should include

copies of all newspaper clippings or magazine articles

contained in FBI files which contain information set forth

in the memoranda and/or enclosures identified in Items

6, 7, and 8 above.

Sincerely,.

Seen Ente

John I. Ellift

Director

Domestic Intelligence Task Force

NW 65994 Docld:32989562 Page 64

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## Page 65

The Attorney General

Director, FBI

2 -

J. A. Mintz

(1 - Mr. J. B. Hotis)

1 - Mr. J. Cochran, JI.

1 - Mr. W. R. Wannall

Jamatty 8,* 1976

1 - Mr. W. N. Cregar

1 - Mr. G. G. McWright

1 - Mr. J. P. Thomas

U. S. SENATE SELECT COMMITTLE

ON INTELLIGENCE ACTIVITIES (SSC)

ALL INFORMATION CONTAINED

EREIN IS UNCLASSIFIE

ATE I(6/00 BY SPAWKF

Reference is made to the SSC request dated

November 21, 1975.

Enclosed for your approval and forwarding to the

SSC is the original of a memorandum, with two enclosures,

responding fully to that request.

A copy of that memorandum is also furnished for

your records.

Enclosures

(4)

62-116395

1 - The Deputy Attorney General

Attention: Michael E. Shaheen, Jr.

Special Counsel for

Intelligence Coordination

JPT:1hb|hk

(11)

EX-112

REC 43,

62:1/8÷75-

5 JAN 12 1976

12.51

Assoc. Dir.

Dep. AD Adm.

wise tail

Inspection -

Intell.

Laboratory

Plan. & Eval..

Spoc. Inv. -

Training

Legal Coun.

Telephone Rm. -

Director See'y -

MAIL ROOM

62994 Docld:32989562 Page 65

TELETYPE UNIT E

fPT

GPO: 1975 0 - 569-920

---

## Page 66

62-116395

2 - Mr

A. Mintz

(1

Mr. J. B. Hotis)

1 - Mr. J. Cochran, Jr.

1 - Mr. W. R. Wannall

- Mx. W. 0. Cregar

1 - Mr. C. G. McWrigent -

1 - Mr. J. P. Thomas

Jamary 8, 1976

not for dissents-

croceedings by

Horned persoi-

U. S. SENATE SELECI COMMITTEE TO

STUDY GOVERNMENTAL OPERATIONS WITH

RISPECI TO INTELLIGENCE ACTIVITIES (SSC)

ALL INFORMATION CONTAINED

IEREIN IS UNCLASSINE,

ATE 16 00 BY SPEALNKE

Reference is made to the SSG request dated

November 21, 1975.

Nur files contained no reference to "Project

CHATIER' prior to Hovember 6, 1975. on that date, on

Invitation of the Department of the Navy, a representative

of this Bureau reviewed Navy records which the Havy planned

із перонов і чезроn3a

to release to the SSC, to the Senate Judiciary Subcommittee

on Administrative Practices and Procedures and to the press

Eo.i5n:

on ilovember 7, 1975. Those Navy records dealt with

"Project CHATTER' and other topics pertinent to Items 1

Cositio

through 8 in the referenced SSC request. Reviews of

logical FBI files and inquiries of current FBI personnel,

This document

nation orsirie

yowr Conmiles air

who might possibly have knowledge of the topics discussed

in the lavy records, were made.

nel without the

The only pertinent iten developed through the

file reviews and aforementioned inquiries was a memorandum

dated August 4, 1950, recording an Invitation from the

Office of Naval Intelligence to the FBI to attend a conference

and be inforned about a "truth serum" being developed by

C"!

the Navy. A copy of that memorandum, which relates to

Assoc. Dir..

• Item 2 in the referenced request, is attached (inked notations

Dep. AD iv. - therenn appear on the original). (62-2699-75)

Asst. Dir.:

Admin. -

Comp. Syst. -

No other record was located of any memorandum or

Files & Com. _other commnication prepared by FBI personnel relating to

Gen. Inv. -

_the August 11, 1950, meeting mentioned in Item 2 of the

Inspection_referenced request.

Accordingly, our response to Itens 3,

aellary 4, 5, 6, 7 end 8 in that request

is negative.

Plan. & Evol. =

Spec. Inv. _ JPT: 1hb

ORIGINAL AND ONE COPY TO AG

Training

(10)

Legal Coun.

Telephone Rm. -

Director Sec'y - MAIL ROOM

TELETYPE UNIT

NW 65994 Docld:32989562 Page 66

SEE NOTE PAGE 3

GPO: 1975 0

12-116915-19

---

## Page 67

SBIATE SCLECT COMITILE MI INTLLLIGENGE ACLIVITISS (SSC)

A review of IDI files for infomation relating to

drugs designed in modify behavior indicates an interest

dating back in 1922. lovever, this interest has nst extended

in the point vhore the FBI has conducted research on behavini-

andifying drugs nni has it funded such rosearch. He have

maintained liaisnn with nther U. S. Gnverment agencies and

incustrial vigonizations in nider to be aware ni develmpnents

in this area.

Inwever, ve have not implemented any programs

In apply the results of research conducted by such rsganizatinns.

i single instance was found in which "cruth scrum'

Vas administered in an IDI investigation. that investigatin

invnlved on Individual publicly identified as "Ignacy Sauuel

Vitezal:,.. a 'super spy" for the fussians, " thn left the

United States in lovember, 1945. In that investigation,

an associate of "Vliczak"' was interviewed by FDI personnel

during March, 1947. During the initial interview, he

admitted having been recruitod by "iltczal' to secure inior-

nation for "wltczok." the associate iold the intervicing

igents that he did not rant in hold anything badi. and

requested that he be given sobe sodiun anytal (enrannly

referred to as "truth serun'). In April, 1947, the associate

was reinterviewed, following the acministration of sodiun

anytal by a physician. the interviewee executed a statement

that his action vas entirely voluntary. the use of sodium

anytol. in that case, however, was without the print lamledge

or authority ni FBI

Headquarters. When it cane to the

attentinn ni IBI leadquarters, it resulted in the issuence

of a letter dated July 3, 1947, En all Special Agents in

Charge ininuing then that "The Bureau, however, will not

tolerate any experiments ni participation on the part nf its

personnel in the utilizatinn nf the so-called truth serums

no nther chenicals alleged to have a similar effeet." A

copy ni that lettor is attached. It still ropresents the

policy nf the IBI on this subject. (100-343077-194, 293;

66-04-545)

Inclosures (2)

1 - The Attorney General - 2-

NW 65994 Docld:32989562 Page 67

---

## Page 68

=. =

masterda

SENATE SELECT COMMITTEE ON INTELLIGENCE ACTIVITIES (SSC)

NOTE:

The FBI representative who reviewed the Navy

records was Supervisor j. P. Thomas, Intelligence Division;

results reported in memorandum W. N. Cregar to Mr. W. R.

annall, 11/6/75, entitled "Senstudy 75." The Senate Judiciary

Subcommittee has previously been advised that available

Bureau records and interview with current knowledgeable

employee indicate that the FBI has never engaged in or

funded anyone's efforts in research and/or development

programs in the use or effect of drugs on human behavior.

This information is recorded in memorandum from Mr. J. Cochran, JI.,

to MT. I. J. Jenkins, dated 11/28/75, entitled "Request by

fenate Judiciary Subcommittee on Administrative Practice and

Procedure for Information Concerning Use of Drugs for

Interrogation," Copies of the communications being furnished

herewith are being maintained in the Senstudy Unit, Intelligence

Division. The "Witczak" case, Bureau file 100-343077,

received press publicity when

"Witezak" was identified as

a Soviet agent by a Soviet defector in Canada, Igor Gouzenko.

His name is enclosed in quotation marks because it is not

his true name but the name by which he was publicly exposed.

A copy of the 11/21/75 SSC request is attached to the file

copy of this IHM.

= 3 =

NW 65994 Docld:32989562 Page 68

---

## Page 69

The Attorney General

Director, FBI

U. S. SENATE SELECT COMMITTEE ON

INTELLIGENCE ACTIVITIES (SSC)

2 - Mr. J. A. Mintz

(1 - J. B. Hotis)

1 - Mr. W. R. Wannall

1 - Mr. W. O. Cregar

December 24, 1975

1 - Mr. P. E. Nugent

ALL INFORMATION CONTAINED

HEREIN IS UNCLASSIMIED

DATE 10160100

_BY 5P2ALMKP

Reference is made to SSC letter dated November 25,

1975, containing requests for materials concerning Martin

Luther King, Jr.

Enclosed for your approval and forwarding to the

SSC. is an original of a memorandum in response to all Items!

requested in referenced SSC letter with the exception of

Item oc, which as indicated in the enclosed menorandun,

has

been restated in a separate sse commmication.

A copy,

this memorandum is being furnished for your records.

Enclosures (2)

ST 115)

62-116395

REC-51

1 - The Deputy Attorney General

Attention:

Michael E. Shaheen,

JI.

11-315-1250311

Special Counsel for

Intelligence Coordination

5 JAN ZG 1976

PEN: adn *

(9)

NOTE:

Copy of the SSC letter dated 11/25/75 is attached to

the file copy of the enclosed LHM. Exact copies of the materials

being furnished are maintained in the Office of the SENSTUDY 75

Project.

Arrangements have been made for a representative of

the Legal Counsel Division to deliver the attached memorandum as

well as

the materials being provided to the ssC.

11N4904

Assoc. Dir.:

Dep. AD Adm. -

Dep. ADalnr. _

Asst. Dir.:

Admin. -

Comp. Syst.=

Ext. Affairs -

Files & Com..

Gen. Inv. _l

Ident.

Inspectio

Intell.

Laboratory

Plan. & Eval. -

Spoc. Inv. -

Training -

Legal Coun.

Telephone Rm. -

Director Sec'y

MAIL ROOM

TELETYPE UNIT C

NW idA Nora: 31289562 Page 69

HE START MATRIAL ATTACHED

5-lis

GPO: 1975 0 - 569-920

---

## Page 70

62-116395

2 - Mx. J. A. Mintz

(1 - J. B. Hotis)

1 - Mr. W. R. Wannall

1

- Mr. W. O. Cregar

1 - Mr. P. E. Nugent

December 24, 1975

ALL INFORMATION CONTAINED

HEREIN IS UNCLASSIFIED

DATE 1116/00 BY SBRALMOt

D, S. SENATE SELECT COMITTEE TO

STUDY GOVERNMENTAL, OPERATIONS WITE

RESPECI TO INTELLIGENCE ACTIVITIES (SSC)

Reference is made to SSC letter dated November 25,

1975, containing sequests for materials conceming Martin

Luther King, JI.

The purpose of this memorandom is to effect delivery

and/or to provide access to the SSC of infomation and materials

in response to requests in the above SSG lettes.

Iten I of referenced SSC Letter requested all nem-

oranda and other materials which pertain to contacts,

conversations or nectings between one Val Coleman and Special

Agent Harold Ilnebaugh of any other IBI Headquarters officials

concerning Martin luther King, Jr,, during Wovenber or

December of 1964.

A review of the file of Martin Luther King,

Ji-y other

logical files and appropriate abstracts of correspondence of

Bureau officials failed to disclose existence of any memoranda

concoming contact by Colenan with Fbi Headquarters personnel

concerning line other than that memorandun dated Novenber 19,

1964, Erom G. F. Deloach to Mr. Mohr captioned "Val Coleman,

1975.

Assoc. Direc

Dep. AD Adm. -

Dep. AD Inv. -

Asst. Dir.:

Admin.

Comp. Syst.

Ext. Affairs

Files & Com. _

Gen. Inv. -

Ident.

Inspection

Intell.

Laboratory

Plan. & Eval. -

Spec. Inv..

Training

Legal Coun.

Telephone Rm. -

Director Sec'y -

Iten 2 requested all memoranda and other materials

percaining so contaces.

conversations or mectings between

any FBI Headquarters officials and any representatives of the

news nedia concerning llartin Luther King, JI., during

November or Decembar of 1954.

PEN: adn

(8)

CP STARET MATERIAL ATTACHED

ORIGINAL AND ONE TO AG

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

ration petgian

no Committee.

Its use is limited to official proreedin

292r Cri

c and the contes may not be disclosed to wrong S

MAIL ROOM

net without the express approval of the s

TELETYPE UNIT

GPOl: 1975 0 - 569-920

NW 65994 Docld:32989562 Page 70

---

## Page 71

SENATE SELECT CONMITTEE ON INTELLICENCE ACTIVITIES

Being deLivered herewith is a memorandum of

Mr. Deloach to fir. Mohr dated November 21, 1904, captioned

"Tay Wells," reflecting telephonic contact with IIr. DeLoach

concoming King on November 21, 1964-

Review of the king

file and other logical related tiles failed to disclose the

existence of additional memoranda or materials pertaining to

contacts with the news media concerning King by Bureau

officials other than those previously furnished the SSC

pursuant to prior requests. •

Iten 3 requested all menoranda and other materials

pertaining to a meeting between Ralph Abernathy and either

I'Bl Dicector Hoover of Gartha Delouch during December, 1964g

or January, 1965, (other than the December 1, 1964, meeting

attended by king and the January Il, 1965, meeting attended

by Andrew Young.

A review of the King, Abemnathy and logical

related files failed to disclose existence of memoranda or

other materials pertaining to such a meeting by Abernathy

with Director Hoover and/or Mr. Deloach beyond those excluded

for consideration by the SSG.

Item 4 requested all nemoranda and other materials

pertaining to a statement appearing in the second paragraph of

• September 1L.

1964, memorandum fron fir. F. J. Baungardnes

to Me. W. C. Sullivan captioned "Martin Luther King, JI.y

Security Matter • Communist."

That statement makes

reference

to action taken by Mir. Deloach's office in forestalling

publication of an article by King in the "Saturday Evening

Post**

sometime prior to September, 1964.

Being delivered herewith is a copy of a memorandun of

foimer Special Agent I. H. Stapleton to Mir. Deloach dated

November 3, 1964, captioned "Matthew j. Culligan, Chairman of

the Board, Curtis Publishing Company,"

Paragraph three, page

1 and page 2 of this memorandum refer to the action mentioned

in lir." Baumgardner's memorandum to Ir. Sullivan dated

September 11, 1964, and an unsuccessful action taken on

September 221 Saturday Evening Post. IP article written by

1964, with respect to

King for the

An exhaustive review of logical FBI Headquarters

files and abstracts, including the personnel file of former

Special Agent Stapleton failed to result in the location of

additional nemoranda or materials relating to action taken

in forestalling publication of King's article in early 1964.

- 2 -

NW 65994 Docld:32989562 Page 71

---

## Page 72

SENATE SELECT COMMITTEE ON INTELLIGENCE ACTIVITIES

Iten 3 requested the July 16, 1964, memorandum from

Mr. Baumgarcher to Mr. Sullivan which is referred to in

handwriting at the bottom or the second page of the July 15,

1964, memorandum from Baumgardner to Sullivan captioned

'Communist Party, USA, Negro Question, Communist Influence ir

Kacial Matters; Internal Security • Commnist.'

Being delivered herewith are copies of a Baumgardner

co Sullivan memorandum dated July 17, 1964, and a Letter to

the Honorable Walter W. Jenkins

Special Assistant to the

President, also dated

July 17, 1964, which it would appear axe

responsive to the SSC's request, noting that the July 15,

1904, memorandum from Baumgarcher to Sullivan concerned the

Furnishing of information obtained through electronic survell-

lance of King to tir. Jenkins.

It would appear the notation

in seference to a July 16, 1964, memorandum appearing on the

July 15, 1964, memorandum is erroneous.

A copy of the men

orandum enclosed with the letter to Mr. Jenkins is not boing

furnished the SSC inasmuch as information contained therein

is the product of electronic surveillance of King.

In accordance with requests set forth in Items ba,

7a and 8a in referenced SSC letter, the original and enclosures

of the March 29, 1968, memorandum of G. G. Moore to lI. G.

Sullivan captioned "Counterintelligence Program, Black:

nationalise Mateh 20, 1963, memorandum of G. C. Moore to

lacial Intolligence (Martin Luther

King) ;"

Mr. H. C. Sullivan "Counterintelligence Program, Black

Nationalist-Hate Groups, Racial Intelligence (Washington

Spring Project)" and the March 28, 1968, memorandum of

Mnore to Mr. W. C. Sullivan

captioned "Sanitation

Workers Strike, Memphis, Tennessce; Racial Matters," are

availaule fos review by a ropresentative of the SSG in room

4171 of the J. Edgax Hoover Building.

With respect to Items 6b, 7b and 8b, a logical search

Materials sequested in Items 6d, 7d and 8d are also

available for revicw by a representative of the SSC in room

4171 of the J. Edgar Hoover Building.

= 3-

NW 65994 Docld:32989562 Page 72

---

## Page 73

SENATE SELECT COMMITTEE ON INTELLIGENCE ACTIVITIES

With respect to Iten 9, a scarch of logical Bureau

records failed to locate any newspaper clippings or magazine

articles

pertinent to the menorandum mentioned above.

Item 6c as set forth in referenced SSC letter is

not being responded to in this mcmorandum. This request,

per conversation between Special Agent Seymor F. Phillips

and Michael Shaheen, Jr., Special Counsel for Intelligence

Coordination of the Department of Justice on December 3, 1975,

has been restated in a separate SSC letter dated December 4,

1975, and will be responded to separately.

With regard to excisions in materials being delivered

herewith, where no notation appears as to reason for excision,

the excision was made for the reason that the information

actually summarizes or quotes from conversations monitored

during electronic surveillances of King.

In some cases, it

can be ascertained precisely what infomation in FBI files

came from electronic surveillances of DI. King; however,

there exist areas where documentation of the information is

not precise and no accurate detemination can be made.

There-

fore, no assurances can be given that portions of the material

being furnished do not contain information developed as a

result of electronic surveillances of King•

1 - The Attorney General

letscare, responded

note

-4.

NW 65994 Docld:32989562 Page 73

---

## Page 74

OF

OF THE DEPUTY ATTORNEY GENEN.

WASHINGTON, D.C. 20530

December 1, 1975

SUBJECT:

TO:

John A. Mintz, Assistant Director

Legal Counsel Division

Federal Bureau of Investigation

Michael E. Shaheen, JI.

Special Counsel for Intelligence

Coordination

Senate Select Committee Request

Attached is a letter from the Senate Select

Committee dated November 25, 1975, requesting various

information regarding the King matter.

Please prepare

an appropriate response to this request.

CC:

Paul Daly

ATT VERETFORMATION CONTAINED

51/800 RAMKP

NW 65994 Docld:32989562 Page 74

62: +6-395-125041

---

## Page 75

SOHN G. TOWER, TIXAS. VIET. CHAIHIRAN

ГАНі:. В. НАМТ, МІСН.

НЕНанН пан:Н.І., ТЕр.

NALUENT. MOCIAL. WINN.

MANHY GOLUWATIR, AMIE.

CHAMLIS MEG. MATHIAS,

поінт моніл. м.[.

MICHAHO S, SCHWEIKER,

•GUAY MART. COLO.

WILLIAM O, MILLER, STAFF DIRICTOR

URIDINICK A. O. SCHHARI, 1H., CHIIF COUNSEL

CURTIS M. SMOTHENS, MINOMITY COUNSEL

DiGrited Stales

nate

SELECT COMMITTEE TO

STUDY GOVERNMENTAL OPLRATIONS WITH

RESPECT TO INTELLIGENCE ACTIVITIES

(PURSUNNT TO S, RES. 11, HITH CONGRESS)

WASHINGTON. D.C. 20510

November 25, 1975

--

JAl

4.6

Michael E. Shaheen, Esq.

Special Counsel for Intelligence

Coordination

Office of the Deputy Attorney General

U. S. Department of Justice

Washington, D.C. 20530

Dear Mike:

I would appreciate your making available to the

Committee the following items in connection with our

investigation ‹f the King matter:

1. All memoranda and any other materials which

pertain

to contacts, conversations or meetings between

one Val Coleman and Special Agent Harold Linebaugh or

any other FBI Headquarters officials concerning Martin

Luther King, JI., during November or December of 1964.

2. All menoranda and any other materials which

pertain

to contacts, conversations or meetings between

any FBI Headquarters officials and any representatives of

the news media concerning Martin Luther King, Jx., during

November or December of 1964.

3. All memoranda and any other materials which

pertain to a meeting between Ralph Abernathy and either

FBI Director Hoover

•or cartha Deunach during December

1964 or January 1965 (other than the December 1, 1964

meeting which was attended by Di. King and the January 11,

1965 meeting which was attended by Andrew Young).

4. All memoranda and any other materials which i.

pertain to the following statement which appears in the

second paragraph of the Septemöer 1l, 1964 memorandum

from Mr. F. J.

Baumgardner to Mr. W. C. Sullivan, captioned

"Martin

Iuther King, Jr., Security Matter - Communist":

2TT

RECENED

ULt 2 15/3

INFORMATION CONTANED

1302700.43 DEN

16.003F

RALMKO

HALTENE

NW 65994 Docld:32989562 Page 75

+2-1163951250X1

---

## Page 76

• Machael E. Shahee

Page 2

November

1975

On that occasion Assistant Director

Deloach's office was able to take

appropriate action to forestall the

publication of the article.

5.

The 7/16/64 memorandum from Mr. Baungardner to

MI.

sullivan which is noted in handwriting at the bottom

of the secona page of the July 15, 1964 memorandum from

MI. Baungardner to Mi. Sullivan, captioned "Communist

Party, USA, Negro Question, Conmunist Influence in Racial

Matters, Internal Security - Conmunist."

5. With respect to the March 29, 1968 memorandum,

with enclosure, from

•G. C. Moore to Mr. w. C. Sullivan,

captioned "Counterintelligence Program, Black Nationalist

- Hate Groups, Racial Intelligence (Martin Luther King)"

please provice:

a.

Access to original of this memorandum

and its enclosure;

b.. Access to all extant "tickler" anâ/any

other copies of this memorandum and its attachment

in their original form;

c. All memoranda and any other materials

which pertain to, bear upon, or indicate any

actions taken pursuant to or in connection with

the recommendation contained in this memorandum.

(This should include any and all information

adduced, collected, and/or prepazed in connection

with Mr. James Adams' testimony on this subject

before the Senate Select Committee on November 18,

1975.)

d.

All memoranda and any other materials

received from FBI field offices or written at

FBI Headquarters prior to and pertaining to the

recommendation contained in the March 29, 1968

memorandun.

%. With respect to the memorandum with enclosure,

from w. C. Moore to ?r. W. C. Sullivan, dated March 26,

1968, captioned "Counterintelligence Program, Black

Nationalist - Hate Groups, Racial Intelligence (Washington

Spring Project), please provide the access

and/or materials

reguested in a, b, c, and d of Item 6 above.

NW 65994 Docld:32989562 Page 76

---

## Page 77

Michael E. Shahee

• Page 3

November 2

-975

8. With respect to a memorandum with enclosure,

from G. C. Moore to Mr. Sullivan, dated 3/28/68, captioned

*Sanitation Workers Strike, Memphis, Tennessee, Racial

Matters," please provide the access

and/or materials

requested in a, b, c, and d of Item 6 above.

Responses to Itens 6, 7, and 8 should include

copies of all newspaper clippings or magazine articles

contained in FBI files which contain information set forth

in the memoranda and/or enclosures identified in Items

6., 7, and 8 above.

Sincerely,

/John I. Elliff

Director

Domestic Intelligence Task Force

NW 65994 Docld:32989562 Page 77

---

## Page 78

5-140 (Rev. 1-21-74) FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D. C. 20535

Addressee:

SENATE SELECT COMMITTEE

&7 LHM

• Memo

• Report dated_ 12/23/75

Caption of Document:

SENATE SELECT COMMITTEE. 24,

11/25/75 request - King

Originatzi & Offi

Delivered by:

Received by:

Title:.

Return this receipt to the Intelligence Division, FBI

ALL INFORMATION CONTAINED

HERE I UNO SY SPRALK

NW 65994 Docld:32989562 Page 78

62-116395-1250X4

---

## Page 79

TE: SEE INSTRUCTIONS ON REVERSE

BEFORE COMPLETING.

CLASSIFY AS APPROPRIATE

FROM:

TO:

Intelligence Conmunity Staff

ATTN: Geniräl Index*

FBI

SUBJECT: Abstract of Infornation Provided to Select Committees

1. HOW PROVIDED (check

for

appropriate

term.

If a document was made available

review but not transmitted,

SO

notc.)

XT

CUMENT

BRIEFING

INTERVIEW

I TESTIMONY

OTHER

2. DATE PROVIDED

12/24/75

3. ТО OM PROVIDED (check appropriate term; add specific names if appropriate)

X/ SSC

HSC

4. IDENTIFICATION (provide descriptive dala for documents; dive name or identification number of briefer,

interviewee, testifier and subject)

Memorandum and enclosures

5.

wise

RESPONSE TO

(list date and

it em

number if in

response

state

verbal

request

of (name), initiative,

to

formal request, other-

subpoena,

etc.)

SSC letter 11/25/75

6. CLASSIFICATION OF

INFORMATION (enter

U,

C,

S,

TS or

Codeword) '

T'S

7. KEY WORDs finter the appropriate key words from the list

provided separately; if key words not listed

are

for emphasis)

Surveillance, electronic

ALL INFORMATION CONTAINED

Information handling

HEREIN (S UNCLASSIFIED

DATE: 600 BY SP2ALMIS

Intelligence collection

8. SUMMARY (see reverse side before completing this item)

Materials relating to Martin L. King, JI.: 11/21/64 DeLoach to Moht

memorandum captioned "Tay Wells"; 11/3/64 Stapleton to DeLoach

memorandum captioned "Hatthew J. Culligan, Chairman of the Board,

Curtis: Publishing Co., regarding unsuccessful action taken

9/22/64, with respect

to an article wiitten by King for the

"Saturday Evening Post."; Baumgardner to Sullivan memorandum

7/17/64 and a letter to the Honorable Walter W. Jenkins 7/17/64.

Available for review by appropriate Staff Members at FBIHQ:

3/29/68 memoranda G.(.. Moore to Sullivan captioned "Counterintelli

gence Program, Black Nationalist-nate Groups, Racial Intelligence

(Martin L. King) (Washington Spring Project) and"Sanitation

Workers Strike, Memphis, Tenn. All memoranda and any other

materials received from field offices or written at FBIHQ prior

to and pertaining to the recommendations contained in above

3/29/68 memoranda.

ORIGINAL VIA LIAISON TO CENTRAL, COMMUNITY INDEX

02-110395

* Ink

IN CONNECTIONT WITH SENSUDY 75

(4)

379|16-751

CLASSIFY, AS APPROFITE

NW 65994 Docld:32989562 Page 7g

2101163955

YELLOW

5

---

## Page 80

FBI

OFFICE OF THE DEPUTY ATTORNEY GENERAL

WASHINGTON, D.C. 20530

JAN 8 1976

TO:

John

A. Mint

Assistant Director

Legal Coulse!

Division

Federal Bureau of Investigation

FROM:

Michael E. Shaheen, Jr.

Special/Counsel for Intelligence

Coordination

SUBJECT:

Senate Select Committee Request

Attached is a letter dated January 7, 1976, and

received on January 8, 1976, from the Senate Select

Committee requesting Bureau review of certain mail

opening documents delivered, I assume, to the Bureau

on January 7, "for clearance

and/or declassification".

The request seeks Bureau clearance "on or before

January 9, 1976"

I would

attention to this request.

appreciate your earliest

cc;

ST. 115:.

Res: 62-116385=1249

5 JAN 13 1976

Paul Daly

N

ENGLUSURE

ALL INFORMATION CONTAINED

REIN IS UNGLASSIFIE

HAd Here

1-9-76

Rut 65494 Porid 2989562 Page 80

62-116395

---

## Page 81

:

JAN 8 1976

TO: John A. Mintz, Assistant Diractor

Legal Counsol Division

Foderal Bureau of Investigation

FROM:

Michael I. Shaheen, Jr.

Special Counsel for Intelligence

coordination

SUBJECT: Sonate Select Committee Request

Attached, is a lotter dated Januasy 7, 1976, and

received on January 8, 1976, from the Senate Selcot

Conmittee requesting Bureau

reviow of cortain nail

opening documents dolivered, I assume, to the Bureau

on January 7, "for clearance and/or declassification".

Thu request seeks Bureau clearande "on or before

January 9, 1976", I vould appreciate your earliest

attention to this requesi.

a danea.t...

cc;

Paul Daly

ALL INFORMATION CONTAINED

HATE DO BANKP

NW 65994 Docld:32989562 Page 81

---

## Page 82

FRANK CHURCH, IDAHO, CHAIRMAN

JOHN G. TOWER, TEXAS, VICE CHAIRMAN

PHILIP A, MART, MICH.

WISTEROR, MANDALE, MINN.

HOWARD H. BAKER, JR., T5!.

BARRY GOLDWATER, ARIZ

WALTER D. HUDDLESTON, XY.

CHARLES MC C. MATHIAS

RODERT MORGAN, N.C.

RICHARD S. SCHWEIKER,

GARY HART, COLO.

WILLIAM G. MiLLER, STAFE DIRECTOR

FREDEVICK A. O. SCHWARZ, JR., CHIEF COUNSEL

CURTIS R. SMOTHERS, MINORITY COUNSEL

MD.

@Inited States Amate

SELECT COMMITTEE TO

STUDY GOVERNMENTAL OPERATIONS WITH

RESPECT TO INTELLIGENCE ACTIVITIES

(PURSUANT TO S, RES. 21, ITH CONGRESS)

WASHINGTON, D.C. 20510

January 7, 1976

8

Michael E. Shaheen, Jr., Esq.

Office of the Deputy Attorney General

U. S. Department of Justice

Washington, D. C. 20530

Dear Mike:

On January 7, 1976, the Committee delivered copies

of the documents to be used as exhibits to the public

hearings on FBI mail opening operations.

We request that Bureau personnel review the sani-

tization of these documents in terms of their public

release in published form and that a formal response

to this request for clearance and/or declassification

be received by the Committee on or before Friday, Janu-

ary 9, 1976.

Your cooperation, on a priority basis, is greatly

appreciated.

Sincerely,

John T. Elliff

Director

Domestic Intelligence Task Force

JAN & 1976

ALL INFORMATION CONTAINED

DARE I6/0O SYSALMA

NW 65994 Docld:32989562 Page 82

62-111-375-1849

---

## Page 83

the Attorney Gencral

2

(1

J. A. Mintz

- Mr. J. B. Hotis)

1 - Mr.

W. R. Wannall

1

-

Mr.

W. 0. Cregar

1 - Mr. H. W. Porter

Decenber 1, 1975

Director, FBI

UNITED STATES SENATE SELICE CO'MIIIDI

TO STUDY COVERIENTAE OPERATIONS WITET

RESPECT TO INCELIICINCE ACTIVITIES (SSC)

Reforenco is made to a letter fron the SSc dated

Loverber 21, 1975, requesting delivery of materials per

taining to authorization and purpose of cortain clockronio

survoillances.

Inclosed for your approval and forarding to the

SSC is the original of a schorandun which responds to Itens

1 and 22 of the Novembor 21 lotter.

i copy of this ecuorandun with its enclosuros is

being furnished for your Iccords.

Enclosures (24)

02-116393

1 - The Doputy Attorncy Gonoral

Attention:

nachack I. shaheen, ux.

special Counsal for

Intolligence Coordination

V)

".

HWP: capcap

(9)

SEE NOTE PAGE 2

Cra111355-1245

SECRET MATERIAL ATTACHED

JAN 13 1976

Assoc. Dir. -

Dep. AD Adm. -

Dep. AD Inv. -

Asst. Dir.:

Admin. -

Comp. Syst. -

Ext. Affairs

Files & Com.

Gen. Inv. -

Ident. .

Inspection

Intell.

Laboratory

Plan. & Eval. _

Spec. Inv..

Training

Legal Coun.

Telephone Rm. -

a 202132989562

Docld:32989562 Page 83

ALL INFORMATION CONTAINED

HEREIN IS UNCLASSINST

BYSЧ2АLМКE

firi

TELETYPE UNIT L

GPO: 1975 0 - 569-920

---

## Page 84

• S.

The Attorney General

NOTE :

SSC letter of November 21 requested material per-

taining to 30 telephone and 9 microphone surveillances with

respect to authorizations and purpose of the coverage.

The

SSC requested the material for November 28; however,

the

extent of research and preparation necessary to comply with

this request rule

out our meeting this deadline.

Mr. Steven

Blackhurst of the Department was consulted on this problem

on November 28. On December 1, Mr. John Elliff, Director,

Domestic Intelligence Task Force,

SSC, advised Supervisor

Elmer W. Larson, ur., that, for the present, the requests

made on the November 21 letter would be confined to Items 1

and 22.

Response to the remaining questions will be negotiated

with Mr. Elliff.

- 2

INW 65994 Docld:32989562 Page 84

---

## Page 85

2

1T. J. A. Mintz

(1 - Mr. J. B. Hotis)

1 - Mr. W. R. Wannall

1 - Mr.'

w. 0. Cregar

1 - Mr. H. W. Porter

62-116395

December 1, 1975

UNITED STATES SENATE SELECT COLMITTEE

TO STUDY GOVERNIENTAI OPEPATIONS

WITH RESPECT TO INCELLIGENCE ACIIVITIES (SSC)

RE: REQUEST PERTAINING TO AUTHORIZATION

AND PURPOSE OF ELECTRONIC

SURVEILLANCES CONDUCTED BY TEL

FBI

Reference is made to the SSC letter of November 21,

1975, requesting delivery of materials pertaining to the

authorization and purpose of electronic surveillances con-

The SSC lotter of Novemker 21 roferenced a surmary

chart propared by the FBI showing clectronic surveillances

conducted by the FBI since 1960.

to the SSC by letter of October 23, 1975. The specific

idontitios of the subicots of surveillance vere undisclosed.

this monorandun effects delivery of documents

responsive to Itens 1 and 22 of the November 21, SSC letter.

Enclosures (11)

I - The Attorney General

HWP: capcap

SECRET LATERIAL ARTACHED

(8)

!!

Assoc. Dir. -

Dep. AD Adm. -

Admin. _

Comp. Syst. -

Ext. Affairs -

Files & Com. -

Gen. Inv. -

Ident..

Inspection

ALL INFORMATION CONTAINED

DREN S AS DALMED

Intell.

Laboratory

Plan. & Eval. -

Spec. Inv.-

Training.

Legal Coun. -

Telephone Rm. -

Director Sec'y -

MAIL ROOM [

NW 65994 Docld:32989562 Page 85

TELETYPE UNT 62-1475 1046 0102080

---

## Page 86

5-140 (Rev. 1-21-74) FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D. C. 20535

Addressee:

SENATE SELECT COMMITTEE

• Memo D Report dated _

12/1/75

Caption of Document:

Senate Select Committee (SSC). Re: Request

Pertaining Authorizatn & Purpose of

Electronic Surveillances Conducted by FBI,

(SSC letter 11/21/75)

Originating Office:

FBI

Richard; Targlar Daro: 12/2/45

Received by:

Title:

Fecurity office

Return this receipt to the Intelligence Division, FBI

ALL INFORMATION CONTAINED

NW 65994 Docld:32989562 Page 86

---

## Page 87

SEE INSTRUCTIONS ON REVERSE

BEFORE COMPLETING.

CLASSIFY AS APPROPRIATE

FROM:

TO:

Intelligence Community Staff

ATTN: Central Index

FBI

SUBJECT: Abstract of Information Provided to Select Committees

1. HOW PROVIDED (check appropriate

If a document was made available

but not transmitted,

so note.)

* DOCUMENT BRIEFING

INTERVIEW

TESTIMONY

OTHER

2. DATE PROVIDED

12/1/75

3. TO WHOM PROVIDED (check appropriate term;

add specific names if appropriate)

SSC

HSC

4.

IDENTIFICATION

interviewee, testifier and

SPrpride de suppers data for documents; dive name or identification number of briofer,

Menorandum and enclosures

5.

IN RESPONSE

wise

verbal sequest

request

if in response to forma

ubpoena, etc.

SSC letter 11/21/75, items 1 and 22

request, other-

i CLASSIFICATION O

NFORMATION (ente

Codeword TS or

". Keyd unde fent fot emphere late key words from the list provided separately; if key words not listed are

Surveillance, electronic

8. SUMMARY (see reverse side before completing this item)

Materials pertaining to the authorization and purpose of

electronic surveillances conducted by the FBi. since 1960.

62-116395

FUK: fnk

(4)

ORIGINAL VIA, LIAISON TO CENTRAL COMMUNITY INDEX

IN CONNECTION WITH SENSTUDY 75

ALL INFORMATION CONTAINED

BYSPOAME

TREAT AS YELLOW

379 | (6-75)

NW 65994 Docld:32989562 Page 87

CLERE AS APPROPRIATE

112-1113955

1245

---

## Page 88

INSTRUCTIONS

• Type or print clearly in ink.

• Indicate classification of the abstract top and bottom.

• Date the abstract and put on any internal control numbers required.

"FROM" entry should clearly identify the organization providing the

information.

• If additions (as when a copy of document sent to SSC is later sent to

HSC) or changes to a previously submitted form are necessary, submit a

copy of the original abstract, with the change indicated.

SPECIFIC ITEM NO. 8. SUMMARY - enter brief narrative statement describing

substance of information and showing relationship to Intelligence Community

matters if appropriate.

Any feedback or evidence of investigatory interests

should be noted. Commitments made to supply additional information should be

noted. Additionally, certain administrative information may be entered here,

e.g., restrictions on review of a document, if document was paraphrased, whether

interviewee is current or former employee, etc. If actual document or transcript

is provided, that fact should be noted and no summary is required. Additional

pages may be attached if necessary.

NW 65994 Docld:32989562 Page 88

---

## Page 89

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

In Reply, Ploase Refer to

File No.

IYASHINGTON 25, D..C.

February 13, 1961

MEMOR ANDUL FOR THE ATTORNEY GENERAL

Re:

ARS. ASUNCION C.

ICKERT

INTERNAL SECURITT - DOMINICAN REPUBLIC

REGISTRATION AC'I - DOMINICAN REPUBLIC

It has been determined that the subject is employed

by the Dominican sugar Office, Miversal Building, 1825

Connecticu Avenue, Worthwest, Poom 213,

rushington, D. C.,

Telephone Nunber Norin 7-4002. she handles much of the

administration of this office which is headed by foreign

diplomatic official

Fashington. D. C. It has

also been deïermined the subject currently resides at 9502

saginaw avenue, silver spring, Laryland, Telephone Number

JUniper 5-0834.

In view of the subject's possible involvement in

Dominican activities to influence the posicion of the

United states regarding the sugar quota, it is requested you

authorize technical coverage on ine subject at the Dominican

sugar Office, 1825 Connecticut Avenue, lortiwest, Washington,

Co, and at her current residence 9502 saginaw Avenue,

silver spring, baryland, or at any address to which the

subject's office or residence may move in the future.

Respectfully,

VDK-16

DECLASSIIED BY SPRALVA

ON

190

John

Eagar. Hoover

Director

APPROVED

Plattends

DATE

: 3/13/11

pines

i: come

c- ii.!!:

Made Goal 8562 Page 89.

ENGLE BEG 47 C

":: 19 = 19315-lan

SECRET.

62-117-3731245

---

## Page 90

SECRET

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

In Keply, Please Refer 10

File No.

NDR-IY

WYASHINGION 25, D. C.

February 14

→-1961

MEMORANDUM FOR THE ATTORNEY GENERAT

RE:

DOMINICAN LOBBYING ACTIVITIES. IN

THE UNITED STATES.

INTERNAL SECURITY - DOMINICAN REPUBLIC

In connection with our investigation regarding

Dominican lobbying activities in the United States we are

proceeding with arrangements to institute technical

surveillances on the

following individuals at their residence

addresses as given:

Foreign diplomatic official.

Lavrence Myers

Director,, bear ens of Agricudity Stabilization

Residence: 5530 Prospect Street

chevy chase,

Maryland

Telephone: OLiver 2-6046

Tom Obie Murphy.

Agricultural Economist

Department of Agriculture

Residence: 4307 Woodacre Court

NcLean, Virginia

+.. . ..

Telephone: KEllogs 8-2747

B 1961

William Merrit Case

Adamstray realization ser pee,

Sugar Division,

J. D.+

Department of Agriculture

OUTK

APPROVED.

DATEZ 14 51

Nwid Docld:6% 89562 Page 90

105-95804

ENCLOSUNL

SECRET

6716385=1245

5-g6

---

## Page 91

SECRET

MEMORANDUM FOR THE ATTORNEY GENERAL

Residence: 4545 Connecticut Avenue, N. W.

Washin, ton.

D. C.

Celephone: EMerson 2-6244

It is recommended that you authorize the technical

coverage on the above individuals at their current addresses

• or at any addresses to which they may move in the future.

Respectfully,

Director

SEgRET

-2=

NW 65994 Docld:32989562_ Page 91 .

---

## Page 92

SEERET

UNITY

• STATES DEPARTMENT OF JU

TICE

--FEDERAL BUREAU OF INVESTIGATION

In Reply, Please Refer to

File No.

105-95904

WASHINGTON 25, D. C.

February 16, 1961

MIEMORANDUN FOR THE ATTORNEY GENERAL

Re: BOMIKICAL LOEYING ACREVITTAS

IN THE UNIDO STATES

INTERNAL SECURITY - DOMINICAN REPUBLI

Dominican Lobbytection With o

In connection with our investigation regarding

lobbying activities in the united tates

developments indicate technical coverage of Michael B. Deane,

a cominican registered agent, migat crovice valuable cata,

nornation nas just been received that beane has recentl;

signed a contract to

lobby in behalf of the Dominicans and

cho the brain

the vominicans intens to use and manipulate beane as a.

contact man with high otricials of the United States

Government.

ne are naking arrangenents to institure techrical.

coverage on beane at the following business and residence

addresses:

Business:

Michael B. Deane associates

1700 K Street, Northwest

Washington, 2. C.

felenhone:

DIstrict 7-1441

Residence:

3315 Fessenden Street, Northwest

Washington, e. C.

Telephone:

Enterson 2-7953

It is reconmended that you authorize technical

coverage on Michael B. Deane at his current business and

residence addresses or at any addresses to which he may move

in the future.

Respectfully,

SIFTED BY SPALL

ON 118|00

=.. 100

!

ohn Sagar Loover

Director

APPROVED-

wAll

DATE = 116/611

REG- 58

perf, and

!

..:.

1951

6 MAR 3

1901

NW 65994 Docld:32989562 Page 92

62-1163552

1045

---

## Page 93

SECRET

• UNITED

TES DEPARTMÉNT OF JUSTIC

• FEDERAL BUREAU OF INVESTIGATION

In Reply, Please Refer 10

File No.

WASHINGION 25, D. C.

February 16, 1961.

MELORANDUI FOR THE ATTORNEY GIVERAL

1-210

Re:

DOMINICAN LOBBYING ACTIVITIES

_IN THE UNITED STATES

INTERNAL SECURITY - DOMINICAN REPUBLIC

In connection with our investigation regarding

Dominican lobbying activities in the unitea states,

making arrangements to institute a technical surveillance on

the following individual at the resiäence address as given:

Irs. Christine 5. Gallagher

Secretary to Representative

Harold, D. Cooley of torin Carolina

and Clerk, United states House

Committee on Agriculture

Residence:

2500 & street, Northwest.

Washington, D. C.

Telephone:

NOrth 7-8442

It is recommended that you authorize technical

surveillance on the above individual at her current address or

at any address to which she may move in the future.

Respectfully,

MDR-l6

DECT ASS TIED BY BRAUM IP

ON_

1118100

of. Ear atone

ohn Lagat hoover

APPROVED

TREG 58

142-729-

DATE

2116/611

18 407 2 1961

I MAR 3 1901

NW 65994-Docld:32989562-Päge-93

5.9°

bo 116595=1245

---

## Page 94

SECRET

UNITED

TATES DEPARTMENT OF JUST

FEDERAL BUREAU OF INVESTIGATION.

E

In Reply, Please Refer to

File No.

WASHINGTON 25, D. C.

June 26, 1962

, 10

RE:

MEMORANDUM FOR THE ATTORNEY GENERAL

SUGAR LOBBYING ACTIVITIES IN THE UNITED STATES

MISCELLANEOUS - INFORMATION CONCERNING

10

par act are era road do tale one so that one breast

and some of the Central American

countries.

We have conducted surveys and have found that with full

security assured we can establish technical coverage of the

following:

Foreign establishment.

Foreign establishment.

MDR-16

DECLASSIFIED BY SPALMI

ON 11 8,00

Foreign establishment.

Foreign establishment.

Foreign commercial establishment.

Supr

Francro Gaitens, NYU

NEC- 38

62-11EI44

Arts 5...

it Supr L.W.K. Okurndarit,

wfe"

EX. 105

structed goal to institute thase

its prored full sceurty assured

is swarter time, date of installatian

nod syndial numbing

SE

CRET U.

HERCY COPY

7-17-46

is 609d Dold 20362 Faid 3a

42-116385-789

"1a45

---

## Page 95

MEMORANDUM FOR THE ATTORNEY GENERAL

The residence of Mrs. Christine S. Gallagher, Carlyn

Apartments, 2500 Q Street, Northwest, Washington, D. C., teiephone

number North 7-8442;

The firm of Surrey, Karasik, Gould and Efron, Woodward

Washington, D. Co, telephone

numbers REpublic 7-0366

• 7-0323 through REpublic 7-0327.

In connection with the firm of Surrey, Karasik, Gould

and Efron, our inquiries reveal that Malter Sterling Surrey is

the representative of the south Puerto kico

Sugar Company and of

sugar interests in the French Fest Indies. He has recentiy been

in frequent touch with officials of

the Dominican Republic in

connection with the sugar legislation.

He was formerly a registered

agent of the Dominican Republic and during the Dominican sugar

lobbying activities in 1961, he was active in behalf of Dominican

sugar interests.

With regard to Mrs. Christine S. Gallagher, she is

Clerk of the Fouse Agriculture Conmittee and secretary to

•Congressnan harold Do Cooley.

Coverage of her residence in

connection with our inquiries last year into Dominican lobbying

activities produced pertinent information.

ACcoraIngLy, It is requested that you authorize our

installation of technical surveillances on the

escapilshments,

individual ane flam listed above, or any locations to which they

may move in the future.

Un June

25, 1962, Department of State

clearance was secured with regard to such coverage of the official

establishments.

Respectfully,

1. 4

you at over

John Edgar Hoover

Director

APPROVED_

DATE 7-9-62

∞ 2 on

SEORET

• NW 65994 Docld:32989562 Page 95

---

## Page 96

SECRET

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION •

In Reply, Please Refer to

File No.

WASHINGION 25, D.C.

June 29, 1901

JUNC

MEMORANDUM FOR THE ATTORNEY GENERAL

RE:

UNKNOWN SUBJECT

Leak of classified Information

Appearing in July 3, 1951,C "Newsweet"

Magazine Article Captioned

> "Pentagon Plan"

ESPIONAGE • X

Lloya Norman is a correspondent at the Pentagon for

"Newsweel magazine. He resides di 5420 Thirty-first Street,

Washington, Do Co

In connection with the investigation you requested

in captioned matter, a tschnical surveillance at Norman's

suggested that this technical surveillance be auinorized aù

Norman's current cadress or any address to wnich he may move..

Respectfully,

Vorm Bason, to over

Director

JDL-N

VIED BY SPRALILI

ON 1000

Approved: Plate.

Dates 4/30/6K

REG 12! ....

*2 JUL In 1301

LNV: 65994L Бoc18 32989562 Page 96.

ENGLUSUKE

sEET 62-116 395-110

---

## Page 97

UNITED S

ES DEPARTMENT OF JUSTIC

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D.C. 20535

In Reply, Please Refer 80

File No.

April 19, 1965

s1)

MEMORANDUM FOR THE ATTORNEY GENERAL

Re: FRANK CAPELL

ESPIONAGE - X

The subject is the editor of the newsletter,

"The Herald

of Freedom." He is an extremist in his attitude toward communisn

and uses his noysletter to expose people and organizations he

considers communist and subversive.

Capell is known to be in possession of information

classified up to and including "Secret," some of which originated

with this Bureau and some with the Central Intelligence Agency.

He has refused to furnish his source for this information Capell

has published some of

this classified information in copies of

his newsletter and he has advised this Bureau that he plans to

publish a book which will contain additional classified information.

It appears that the subjectis source is a United States Government

employee having access to the classified information and his action

in furnishing Capell this classified information, plus Capell's.

publishing it, constitutesa danger to the internal security of the:

United States. In at least one instance there is a danger of a

most sensitive source of this Bureau being compromised.

identity of Capell's source can be learned, we may eliminate

this security threat.

In view of the above, it is requested that you authorize

technical coverage on the subject's residence located at

School House Road, Somerset County, Larephath, Ney Jersey, and

on his place of business at the same address or on any addresses

to which he may move in the future or to which his place of

business may be moved in the future.

1.04:.

DREC

DECL

SINTED BY SAALLY

0D

5

ohn Edgar Hoover

Director

4 APR 2,9 1965

APPROVED

DATE

Пати

4/10/6

6: APR 30:965.

NW 65994 Docld:32989562 Päge 97

SEC

Gro

Excluded from automatic

downgrading and

declassitication

EGIOSt: 62-116-395581

---

## Page 98

In Reply, Please Refer to

File No.

UNITED STATES DEPARTMENT OF JUSTICE

FEDE

BUREAU OF INVESTIGATION

SECRET.

MEMORANDUM FOR THE

ATTORNEY GENERAL

RE: FRANK A. CAPELI

ESPIONAGE - X

WASHINGTON, D.C.

June 7, 1965

20535

Reference is made to my memorandum dated April 19,

1965, on which you indicated authorization for a technical

surveillance on the residence of the subject located at School

House Road, Somerset County, Zarephath, New Jersey, for the

purpose oi

ascertaining the subject's sources for the

classified information he has published in his newsletter

"The Herald of Freedon. "

Our coverage on the subject has revealed that he is

in almost daily contact with Robert E. Manuel, an attorney who

resides in Alexandria, Virginia, and who is in the law firm

of Johnson (Wayne G.)

and Manuel in Fairfax, Virginia. Manuel

has claimed to have "a netwonk" of people furnishing him

information which he in turn gives to Capell. It is apparent

that Manuel is Capell's intermediary and he undoubtedly has

contacts at the Department of State and the Washington, D.C.,

Netropolitan Police Department, Ston whom he is obtaining

information.

REC#4:9-100S-13

In view of the above, it is requested that you

authorize technical coverage on Manuel's residence, 8901

.. Beauchamp Drive, Alexandria, Virginia,

and on his office

Iocated at 105 East Holbrook Avenue, Fairfax, Virginia, or

on any addresses to which he may move in the future or to

which his place of business may be moved in the futurSUN 16 1965

NDR-10

SPAALMKP

Respectfully,

ohn Edgar Hoover

Director

5-11

APPROVED

piss

DATE

(/c2/2

NW 65994 Docld:32989562 Page 98

SECRI

GRO

Excludça

from automatic

20W285

hang ind

cerlyes.

62-146 395 - 12045

---

## Page 99

ET.

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

In Reply, Please Refer to

File No.

WASHINGION 25, D. C.

October 19, 1962

MEMORANDUN FOR TIE ATTORNEY GENERAL

RE: JACK LEVINE

Jack Levine resides at 203 West 90th Street,

New York 24, New York.

He is a former Special Agent

the rel,

serving fron September 12, 1960, to August 4,

1961. Since he left the f81, he has engaged in a

vindictive and irrational attack upon this agency and

its operations.

In the October 20, 1962, issue of "The Nation"

magazine, Levine wrote an

article entitled 'Roover and the

Red Scare," in which he has disclosed highly classified

information relaving to the operations of this ureau.

There

•is every indication that he intends to continue disclosing

sensitive information.

New York Radio Station WBAI on the evening of October 13,

1962, at which time he disclosed information of a confi-

dential nature concerning investigations conducted by this

Surcau.

The Communist Party is already avare of Levine's

actions and it is believed thai members of this Party will

be in contact with him, if they have not already done so.::

Further, it is likely

that representatives of

cornunist

nations will be in contact with him seeking information.

Levine has knowledge of some of this agency's most valuable

informants.

If he disclosed them, he could do this country's

national defense irreparable hari.

In order to adequately protect the security of

this country, it is requested that authority be granted to

place a technical surveillance at his current residence or

at any future address to which he may move.

Respoctfully,

1. Ed on 2to ove

ohn Jagar Hoover

APPROVED

DATS

Pitaly

18/x6/6:

1992

•Twist Bocid19589562 Page 99

REC-9.

SECRET

KGroup 1 TH .83

excluded fron

automatic

downgrading

declassarication UNF

62-116395°, This.

1245 C0

---

## Page 100

MR. TOLSON

OFFICE OF DIRECTOR

FEDERAL BUREAU OF INVESTIGATION

UNITED STATES DEPARTMENT OF JUSTICE

MR. BELMONT

MR. MOHA -

MR. CASPER

January 9, 1963

MR. CALUAMAN

MELENRAD -

ME. PELOACH

EVANS

MR. GALES

10:10 En

MR. ROSEN EN

MR. SULLIVAN

MR. TAVEL

Mx. Belmont called to say Evans MR. TROTTER

spoke to the Attorney General

MR. JONES -

re placing the tech on Levine

TELE.ROOM

again, and the Attorney General

MISS HOLMES -

said by all means to do this.

MRS, METCALF

GANDY

Mr. Belmont has instructed New York to

SO .

hwg

S

ALL INFORMATION CONTAINED

HERE & CASY 5 LAUNKP

EX-120

Bir!

i..

10 8 1H .03

"!?!

•:

no: +87943-411

20 16il-I7 1963

+0 7801-720779

J!!! S: 1003

42-116375- 1245

NW 65994 Docid:32989562 Page 100-

---

## Page 101

TiMI

JUNE

1/9/63

Casper

Callahan

Conrad--

DeLoach

Evans

Gale S

Rosen

Sullivan

Tavel

Trotter

Tele. Room

Holmes -

Gandy -

JUNE

RE:

JACK LEVINE

Former Special Agent

By teletype last night the New York

Office advised that former Agent Jack

Levine had held a conference yesterday

afternoon with Gus Hall, head of the

there may well be additional meetings

is imperative that we know about

and cover such meetings.

He recommend

that the technical surveillance on Levine

be resumed at this time until we can

determine vhether additional meetings

are to be held between the two men.

The AG previously authorized this

technical surveillance and ve had it on

from October 10 to 26, 1962. If you

agree, we will notify

Ny to reinstall

the technical surveillance, as the

security of the country demands it at

this time.

1.!

AHIB: CSH

(see addendum,

pg 2)

(OVER)

ALL INFORMATION CONTAINED

HEREIN. IS UNCLASSIFIED P2 ALMIP

DATE 1180,0L BY_

NW 65994 Docld:32989562 Page 101

+2-116-395-1245

19

---

## Page 102

P

JUNE

1/9/63

Casper

Callahan

Conrad.

DeLoach

Evans

, Gale -

Rosen

Sullivan

Tovel.

Trotter

Tele. Room

Holmes _

Gandy

JUNE

RE:

JACK LEVINE

Forner Special Agent

By teletype last night the New York

Office advised that former Agent Jack

Levine had held a conference yesterday

afternoon with Gus Hall, head of the

Communist Farty USA.

liew York felt that

there may well be additional meetings

between the two.

It is imperative that we know about

and cover such meetings.

We recommend

that the technical surveillance on Levine.

be resumed at this time until we can

determine wether additional meetings

are to be held beiween the two men.

The AG previously authorized this

technical surveillance and we had it on

from October 18 to 26, 1902.

If you

agree, we will notify NY to reinstall

the technical surveillance, as the

security of the country demands it at

this time.

SALTION

r.?

AHB: CSH

(see addendun, D5 2)

a. g.ne this.

(OVER)

ALL: INFORMATION CONTAINED

NW 65994 Docld:32989562 Page 102

---

## Page 103

ADDENDUM by C.A. Evans

(to informal memo 1/9/63

re Jack Levine, former SA) -

I spole with the AG by phone at his home.

concerning this matter, and brieled him

fully as to developments.

The AG said

that the technical surveillance should by

all means be reinstituted immediately?

CoA. Evans

;.. 25.

NW 65994 Docld:32989562 Page 103

said +1781-28670

!

---

## Page 104

-

-

SSC request of November 21, 1975

Items 1 and 22

RETAIN - UNEXCISED

ALL INFORMATION CONTAINED

62-116395-1245

ENCLOSURE

NW 65994 Docld:32989562 Page 104

---

## Page 105

UNITED STATES DEPARTMENT OF JUSTICE

• FEDERAL BUREAU OF INVESTIGATION

In Reply, Please Refer to

File No.

WASHINGTON 25, D. C.

February 13, 1961

- 2)

MEMOR ANDUM FOR THE ATTORNEY GENERAL

se:

ARS. ASUNCION C. ECKERT

INTERNAL SECURITY - DOMINICAN REPUBLIC

REGISTRATION ACT - DOMINICAN REPUBLIC

It has been determined that the subject is employed

by the Dominican sugar Office, Universal Building, 1025

Connecticut Avenue, Northwest, room 213, Washington, D. Co,

Telephone Number NOrth 7-4062.

she handles much of the

administration of this office which is neaded by liarco A.

• de Pena, Dominican Consul General, Hashington, D. C.

It has

also been determined the subject currently resides ai 9502

saginaw Avenue, Silver spring, Waryland, Ielephone Number

Juniper 5-0834.

In view of the subject's possible involvement in

Dominicon activities to influence the position of the

United states regarding the sugar quota, it is requested you

authorize technical coverage on the subject at the Dominican

Sugar Office, 1025 Connecticut Avenue, Horthwest,

washington,

D. Co, and at her current residence 9502 saginaw Avenue,

silver spring, Maryland, or at any address to which the

subject's office or residence may move in the future.

Respectfully,

MDR-KO

DECIASAICTED BY STOALMIA

ON.

1118,00

John Bagar Hoover

Director

APPROVED

DATE

Plottends

:2/13/1.

REG 47 4

1÷:.

= 19315-902

Ew Des foca: 90850662 Page 105.

SECRET.

---

## Page 106

In Reply, Please Refer 10

File No.

SECRET

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

TYASHINGTON 25, D. C.

February

714

, 1961

M02-14

DECLABSIFIED BY SPALMI

ON_

MEMORANDUM FOR THE ATTORNEY GENERAL

RE:

DOMINICAN LOBBYING ACTIVITIES.

IN

----

THE UNITED STATES

INTERNAL SECURITY - DOMINICAN REPUBLIC

In connection with our investigation regarding

Dominican lobbying activities in the United States we are

proceeding with arrangements to institute technical

surveillances on the following individuals at their residence

addresses as given:

Marco A. de Pena

Dominican Consul General

Residence: 1444 Rock Creek Ford Road, N.W.

Washington

Telephone: WASh t021C.

Lawrence Myers

Dares perce 9 a 092, to tao, cabilization

Chevy chase,

Maryland

T'elephone: OLiver 2-6646

Tom Obie Murphy •

Agricultural Economist, Sugar Division,

Commodity Stabilization Servic REC- 58

Department of Agriculture

Residence:

4307 Woodacre Court

McLean, Virginia

Telephone: KE1103g 8-2747

William Merrit Case

AdminiStrative UtTicer

Consodity Stabilization Serviceision,

Departient of Agriculture

?. ..

P. 1961

APPROVED.

DATEZ\14 61

105-95904

SECRET

TNW:g5994 Qocld$2939562 Page 106

5.46

• 116

---

## Page 107

SECRET

MEMORANDUM FOR THE ATTORNEY GENERAL

Residence: 4545 Connecticut Avenue, N. W.

Telephone: Washson 0-6214

D. C.

It is recommended that you authorize the technical

coverage on the above individuals at their current addresses

or at any addresses to which they may move in the future.

Respectfully,

Director

SECRET

-2-

NITE Dui

---

## Page 108

UNI.

SEARET

STATES DEPARTMENT OF

• FEDERAL BUREAU OF INVESTIGATION

TICE

In Reply, Please Rofer 10

File No. 105-95904

WASHINGION 25, D. C.

February 16, 191

MOMORANDUM FOR THE ATTORNEY. GENERAL

Re:

DOMINICAN LOBBYING ACTIVICIES

IN THE UNITED STATES

INTERVAL SECUNITY - DOMINICAN REPUBLI

In connection with our irvestigation regarding

Dominican

lobbying activities in the United

developments indicate technical coverage of Michael B. Leane,

a Lominican registered agent, night provice valuable cata.

Intornation has just been received that Leane has recently

signed a contract to louby in behalf of the Dominicans and

the Dominicons intena to use and manipulate Deane as a

contact man with nigh officials of the United Staces

Governnent.

Te are making arrangements to instirue technical.

coverage on beane at the following business and residence

addresses:

Business:

Michael B. Deane Associates

1700 I Strect, Northwest

Mashington,

Telephone:

Bistrict, 7-1441

Residence:

3315 Fessenden street, Northwest

Hashington, p. u.

Telephone:

EMerson 2-7953

It is recommended that you authorize technical

coverage on Michael S. Deane at his current business and

residence addresses or at any addresses to wich he may move

in the future.

DDR-16

Respectfully,

It you at over

John Sdg

at hoover

Director

--

APPROVED ALIEN IS

DArE " /16/611

'REC- 58

Ji... & 1951

• J.D. Dollidece

5-4e

OMAR 3

1901

NW 65994 Docld:32989562 Rage 108

---

## Page 109

VET®

UNITED

'ATES DEPARTMENT OF JUST

FEDERAL BUREAU OF INVESTIGATION

INS OF

It Reply, Please Refer to

File No.

WASBINGION 25, D. C.

February 16, 1961

MEKORANDULL FOR THE ATTOPNEY GENERAL

Re:

DOLITICAN LOBBYING ACTIVITIES

IN THE UITED STATES

INTERNAL SECURITY - DOMINICAN REPUBLIC

In connection with our investigation regarding

Dominican lobbying activities in the United

states,

we are

making arrangenenis to instiúute a technical surveillance on

the following individual at the residence aidress as given:

urs. Christine s. Gallagher

secretary to representative

Harold D. Cooley of North Carolina

and Clerk, United States House

Committee on Agriculture

Residence:

2500 O street, Northwest

Washington, D. C.

Telephone:

NOrth 7-8442

It is recommended that you authorize technical

surveillance on the above individual ai her current address or

at any address to wnich she may move in the future.

Respectfully,

1. Edgar above

ohn Lagar Hoover

APPROVED

DATE

2116/6t

1951

:

5.99

fim

MAR 3 1901

_ NW 65994 Docld:32989562 Page 109

STRET

fas

---

## Page 110

In Reply, Please Refer 10

File No.

' UNITE

STATES DEPARTMENT OF J

FEDERAL BUREAU OF INVESTIGATION.

SICE

TASHINGION 25, D. G.

June 26, 1962

MDR-16

DECLASSIF LD BYSPAALMK

0N11 0/00

, 00

RE:

MEMORANDUM FOR THE ATTORNEY GENERAL

SUGAR LOBBYING ACTIVITIES IN THE UNITED STATES

MISCELLANEOUS - INFORMATION CONCERNING

1:1

Reference is made to your request that we keep abreast

particulatiy wit sad to the pending see he central American

countries.

We have conducted surveys and have found that with full

security assured we can establish technical coverage of the

following:

The Chancery of the Embassy of Nicaragua, 1627

New Hampshire Avenue, Northwest, Weshington, D. C.,

telephone

numbers Dudley 7-4371 through Daley 7-4314, and DEcatur 4-1045

through DEcatur 2-1045;

The Chancery of the Embassy of Costa Rica, 2112 § Street,

Northwest, Washington, D. Co, telephone numbers ADams 4-2945

through ADans 4-2947, and DECatur 2-0737;

The Chancery of the Embassy of Haiti, 4400 17th Street,

Northwest,

Washington, D. C., telephone numbers Randolph 3-7000

...and Randolph 3-1001;

The Haitian Consulate General, Room 1365,

60 East 42nd

Street,

New York, New York, telephone numbers OXford 7-9767 and

OXford 7-8492;

The Dominican Sugar Office, Room 213, Universal Building,

182o Connecticut Avenue, Northwest,

Washington, D. C., telephone

numbers North 7-4062 and North 7-9394;

62=1111.2210

Supr Franera Gallans, NYU

and Suur L.W.k. Glisnorit

instructid 209-62 to institate ticise

Ny Up A 8110s

життя та чу .т.-..

5. JUL I0 Pr

tachs previded full security 3sianud

and sie arted tons, dati

of installatiam

and syrial numbing

SECRET

sull to medurin

1-12-46.18

NW 65994 Docld:32989562 Page 110

Wina cuba side i did ghai 1

---

## Page 111

5?

MEMORANDUM FOR THE ATTORNEY GENERAL

The residence of Mrs. Christine S. Gallagher, Carlyn

Apartments, 2500 g Street, Northwest, Washington, D. C., telephone

number NOrth 7-8442;

The firm of Surrey, Karasik, Gould and Efron, Woodward

Building, 7os 15th Street, Northwest,

Washington, D. C., telepnone

numbers REpubLic 7-0366 through REpublic 7-0870, and REpublic

7-0323 through REpublic 7-0327.

In connection with the firm of Surrey, Karasik, Gould

and Efron, our inquiries reveal that Walter Sterling Surrey is

the representative of the South Puerto

Rico Sugar Company and of

sugar interests in the French West indies.

He has recently been

in frequent touch with officials of the Dominican Republic in

connection wich the sugar legislation.

He was fornerly a registered

agent of the Dominican Republic and during the Dominican sugar

lobbying activities in 1961, he was active in behalf of Dominican

sugar interests.

With regard to Mrs. Christine S. Gallagher, she is

• Clerk of the House Agriculture Committee and secretary to

Congressman Harold D. Cooley.

Coverage of her residence in

connection with our inquiries last year into Dominican lobbying

activities produced pertinent infornation.

accordingly: it is requested that you authorize our

installation of technical surveillances on the

estaolishments

or any locations to which they

may move in the future.

On June 25, 1962, Department of State

clearance was secured with regard to such coverage of the official

establishments.

Respectfully,

Plom past tover

Director

APPROVED.

Artely

DATE 2-9 - 62

=2 .

SECRET

NW 65994 Docld:32989562 Page 111

30%

---

## Page 112

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION •

In Reply, Please Refer 10

File No.

WASHINGION 25, D. Co

June 29, 1961

JuNC

MEMORANDU FOR THE ATTORNEY GENERAI

RE:

UNKNOWN SUBJECT

Leak or classified Information

Magazine Article Captioned

"Pentagon Plan"

ESPIONAGE • X

Lloya Norman is a correspondent at the Pentagon for

"Newsweek" magazine. He resides at 5420 Thirty-first Street,

Washington, Do Co

In connection with the investigation you requested

in captioned matter, a technical surveillance ai Norman's

residence adaress was instituted on June 21, 190io lor ühe

completion of your recoras and those of this bureau iù is

suggested that this technical surveillance be suchorized it

Norman's current address or any address to wnich he may move.

Respectfully,

MDR-16

ON IS ON BY SPLALMKP

John Edgar Hoover

Director

Approvea: Pilater

sates e/20/3K

REG 12 ! .

16.111=

72 JUL 1N 1961

_ww-659942Docfd32489562_Page_112

SEBRET

---

## Page 113

UNITED

ATES DEPARTMENT OF JUSTI

FEDERAL BUREAU OF INVESTIGATION

In Reply, Please Refer 10

File No.

WASHINGTON, D.C. 20535

April 19, 1965

w..

MEMORANDUM FOR THE ATTORNEY GENERAL

Re: FRANK CAPELL

ESPIONAGE - X

The subject is the editor of the newsletter,

"The Herald

of Freedom." He is an extremist in his attitude toward communism

and uses his newsletter to expose people and organizations he

considers communist and subversive.

Capell is known to be in possession of information

classified up to and including "Secret," some of which originated

with this Bureau and some with the Central Intelligence Agency.

He has refused to furnish his source for this information. Capell

has published some of this classified information in copies of

his newsletter and he has advised this Bureau that he plans to

publish a book which will contain additional classified information.

It appears that the subject's source is a United States Government

employee having access to the classified information and his action

in furnishing Capell this classified information, plus Capell's

publishing it, constitutesa danger to the internal security of the

United States. In at least one instance there is a danger of a i

most sensitive source of this Bureau being compromised.

identity of Capell's source can be learned, we may eliminate

this security threat.

.

In view of the above, it is requested that you authorize

technical coverage on the subject's residence located at

School House Road, Somerset County, Zarephath, New Jersey,

and

on his place of business at the same address

or on any addresses

to which he may move in the future or to which his place of

business may be moved in the future.

!?!:

пілор йов Змі

5

I DECL

ON..

SSINED BESZAMI

APPROVED

DATE

ЖАти

4/10/12

6. ЛPR 30:355

_NW 65994_Docld:32989562 Page 113

John Edgar Hoover

Director

SE

CFET

Group 1

Excluded from automatic

downgrading and

declasgification

4 APR 29 1965

943274=10%

SPEC. TELL FOR.

3.₴

---

## Page 114

UNITED STATES DEPARTMENT OF JUS'!

FEDERAL BUREAU OF INVESTIGATION

TE

Is Reply, Please Refer lo

File No.

WASHINGTON, D.C. 20535

June 7, 1965

MEMORANDUM. FOR THE ATTORNEY GENERAL

RE:

FRANK A.

CAPELL

ESPIONAGE - X

Reference is made to my memorandum dated April 19,

1965, on which you indicated authorization for a technical

surveillance on the residence of the subject located at School

House Road, Somerset County, Zarephath, New Jersey, for the

purpose of

ascertaining the

subjectis sources for the

classified information he has published in his newsletter

"The Herald of Freedom."

Our coverage on the subject has revealed that he is

in almost daily contact with Robert E. Manuel, an attorney who

resides in Alexandria, Virginia, and who is in the law firm

of Johnson (Wayne G.)

and Manuel in Fairfax, Virginia. Manuel

has claimed to have "a network" of people furnishing him

information which he in turn gives to Capell. It is apparent

that Manuel is Capell's intermediary and he

undoubtedly has

contacts at the Department of State and the Washington, D.C.,

Netropolitan Police Department, From whom he is obtaining

information.

REC #499-15:5-131

In view of the above, it is requested that you

authorize technical coverage on Manuel's residence, 8901

Beauchamp Drive, Alexandria, Virginia, and on his office

located at 105 East Holbrook Avenue, Fairfax, Virginia, or

on any addresses to which he may move in the future or to

which his place of business may be moved in the futurSon 16 1965

MDR-1b

BRAMK.

DECLAN DED EX

Respectfully,

Edgar Hoover

Director

APPROVED

nise

DATE

SACRET

GRO

]

Excluded

from antomatic

30

NW 65994, Docld:32989562 Page 114

---

## Page 115

SECRET

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

In Reply, Please Refer to

File No.

WASHINGTON 25, D. C.

October 19, 1962

MCNORANDUM FOR THE ATTORNEY GENERAI

RE: JACK LEVINE

Jack Levine resides at 203 West 90th Street,

New Yorls 24, New Yori. le is a forner Special Agent of

the IBI, serving from Septenber 12, 1960, to August 4,

1961.

Since he left the FBI, he has engaged in a

vindictive and irrational aitach upon this agency and

its operations:

In the October 20, 19G2, issue Of "The Nation"

magazine, Levine wrote an article entitled "Hoover and the

Red Scare," in which he has disclosed highly classified

information relating to the operations of this Bureau.

There

• is every indication that he intends to continue disclosing

sensitive information.

For example, levin appeared on

New York Radio station WBAl on the evening of october 13,

1362, at which time he disclosed information of a conti-

dentiat nature concerning investigations conductea by this

Bureau. The Communist Party is already aware of Levine's

actions and it is believed that members

of this Party vill

be in contact with him, if they have not already done so.

Further, it is likely that representatives of the Soviet-

bloc nations will be in contact with him seeking information.

Levine has knowledge of some of this agency's most valuable

informants.

If he disclosed them, he could do this country's

national defense irreparable hari.

In order to adequately protect the security of

this country, it is requested that authority be granted to

place a technical surveillance at his current residence or

at any future address to which he may move.

MDR-16

respectfully,

in Edgar Hoover

Director

APPROVED

DATE

18/×6/6.2

REC- 9.

SECRAC

Group I k

Excluded

From automatIc

downgradIn,

and

declassiligation

TORA

Tv 85954 Bocid92589562-Page-115.

---

## Page 116

DO-6

OFFICE OF DIRECTOR

FEDERAL BUREAU OF INVESTIGATION

UNITED STATES DEPARTMENT OF JUSTICE

January 9, 1963

MR. TOLSON

MR. BELMONT.

MR. MOHR -

MR. CASPER -

SR. GALKAHAI

ENtONRAD.

10:10 am

Jaeti

MI. Belmont called to say

Evans

spoke to the Aitorney general

Ie placing the tech on: Levine

again, and the Attorney General

said by all means to do this.

• EVANS.

MR. GALE_

MR. ROSEN 2N

MR. SULLIVAN.

MR. TAYEL.

MR. TROTTER

MR. JONES -

TELE.ROOM

MiSS HOLMES

MRS. METCALF

Mr. Belmont has instructed New York to -

•do so.

hwg

EX-120

Tire

18

105-15 128-4la

25 VM-17 1963

+030419979

•o901?

ALL INFORMATION CONTAINED

DATES GLASSY SO

BY SP2ALMKP

JAY 81 1963

NW 65994 Docld:32989562 Page 116-

---

## Page 117

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

In Reply, Please Refer to

File No.

JunE

WASHINGION 25, D.C.

• July 31, 1962

MEMORANDUK FOR THE ATTOPNEY GENERAL

JUIT 26e 1962

ESPIONAGE - X

In connection with your request for an investigation.

Westchester County, New York, and on lauro k. Waltz,

2700 Misconsin Avenue, Northwest, Lashington, D. Co, can be

made with security.

Baldwin is a correspondent for

"The New York Times" and Maltz is a secretary in the

cashington, Do lo, Bureau of this newspaper.

she reportedly

makes appointments for Baldwin in rashington, D. C. Accordingly,

your authority is hereby requested for technical surveillances

on their current addresses as well as on other addresses to

which they may move in the future.

Respectfully,

adian stone

John. Edgak Hoover

Director

APPROVED

DATE

Alienly

7-31-63

MDR-I6

DECT "

ON 118/00

ATHD BY SPRALMKP

AUG ≥ 1962

r1137

1932

G

7-11-66

52-

0395-1245

ENCLOSURE

NW 65994 Docld:32989562 Page 117

---

## Page 118

In Reply, Please Refer to

File No..

RE:

SEgRET

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVISTIGATION -

JUNC

MEMORANDUM FOR THE ATTORNEY GENERAL

UNKNOWN SUBJECT

WASHINGTON 25, D. Co

June 29, 1951

"Pentagon Plan"

ESPIONAGE • X

Iloya Norman is a correspondent at the Pentagon for

"Newsweek" magozine.

He resides at 5420 Thirty-first Street,

Washington, Do Co

In connection with the investigatzon you requested

technical surveillance ot Norman's

residence address was instrüuted on vune 21s 1901o l'or ine

10 SUA MIE SONDAL MON IO

suggesteo that this technicol surveillance de autrorized at

current address or any address to which he may nove.

Respectfully,

John Edgar Hoover

Director

Approvede

as Quale

Date:

1/30/0 K

MDR-16

DECLASSTTHD BY SP2ALMKP

ON 11

^* JUL 12 15G1

6

*JUL 18 1961

NW 65994 Docld:32989562 Page 118

---

## Page 119

.!!"

The Attorney General

1 - Mx. J. B. Adams

1

— Mr.

J.

A.

Mintz

1 - Mr. W. R. Navalber 5, 1975

DireCtOI,

FBI

U. S. SENATE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIES (SSC)

1 - Mr.

J. G. beegan

1

- MT.

1

R.

L. Shackelford

- Mr. W. O. Cregar

1 - Mr. S. F. Phillips

ALL INFORMATION CONTAINED

HEREIN IS UNGLASSIFIE

DATE /1/2/00 BY SPAALMIG

Enclosed is the original of a memorandum, with

attachment, which reports the results of an interview of former

FBI Section Chief Fred J. Baumgardner by SSe Statt Members.

Also enclosed is a copy of the memorandum, with attachment, for

forwarding to Mr. James A. Wilderotter, Associate Counsel to

the President.

As you know, we have been forwarding to you numerous

menoranda reporting the results of SSe Staft interviews of

present and former FBI personnel. From time to time, we have

noted in these reports to us what might be considered

improprieties on the part of the interviewers.

We have

submitted these reports to you without comment, choosing to

let the facts speak for themselves insofar as the reports are

made to us by the personnel interviewed.

We are taking the

occasion of the report of the interview of Baumgardner to

call to your attention by this comnication certain aspects

of the Baumgardner interview suggestive of impropriety on the

part of the interviewers.

On page two of the Baumgardner memorandum, he pointed

out that he had been asked at the outset of the interview to

read and sign a form entitled "Advice of Rights." After reading

it, Baumgardner declined to sign it and explained his reason

aS

baing that the form would indicate agreement by Baumgardnar

that he had appeared voluntarily for interview whereas he did

not consider that his appearance was voluntary.

Of significance

is the statement made by one of the interviewers, SSC Staff

Member Michael Epstein, that unless the form was signed by

Assoc. Dir.

Baumgardner, no interview would be conducted.

Baumgardner

Dep. AD Adm. -

persisted in not signing the form,

and notwichstanding the

Dep. AD Inv. -

Asst. Dir.:

threat, the interview proceeded as reported in the material

Admin. -

being furnished you.

Comp.Syst.cm

This is not the first occasion know to

Ext. Affairs _ 1 - 67-

(Personnel file förmet SA Fred F. Baumgaranor)

1244

Files & Com. -

Gen. Inv. -

Ident. -

5 JANI 3 1976

Inspection —

Intell. -

(12)

Laboratory

306k

Plan. & Eval. -

Spoc. Inv. -

Training

Legal Coun.

Telephone Rm. -

thi

MAIL ROOM

NU GS AD dicks 1933362 Page 119

TELETYPE UNIT L

GPO: 1975 0 - 569-920

---

## Page 120

The Attorney General

us wherein an interviewee was told after appearing for interview

that if he did not sign the

• "Advice of Rights" statement the

interview would not proceed.

Former FBI Special Agent George A.

Berley related a similar instance to us as reported in an FBI

memorandum dated October 23, 1975, which has been furnished .

to you.

Pages five and six of the Baumgardner memorandum

reported the questioning of him about Martin Luther King, JI.

and the March on Washington.

Baumgardner told the interviewers

that there had been a great deal of Communist Party activity

throughout the country in urging people to participate in the

March and that Communist Party leaders and members came to

Washington, D. G. and participated in the March.

in the interview,_ SSG Staff Lember lark Citenstein asked

Baumgariner why the FBI felt that 200 communists could come

, D. Go and take over the Government, Baumgardner

replied that no one in the FBI thought that the Communist Party-

would take over the U. S. Government during the March on

Baumgardner further told the interviewers that he,

Baumgardner, thought that Gitenstein Know

that no one in the

FBI had any such idea and Baungardner wanted to know why

Gitenstein had asked him such a question.

ht that point,

Citenstein recognized that Daungardner was quite annoyed

question and Gitenstein Lumbled some half apologetic answer.

On page seven of the Baumgardner memorandum, there is

reported the questioning of him concerning one Stanley David

LeVIson. According to Baungaroner, Epstein desired to get into

a detailed discussion concerning levison and his connection

with the Conmunist Party.

Baumgardner replied that he declined

to be drawn into any such discussion on the basis that it might

compromise TBI sources. Again, according to Baumgardner, Epstein

persisted in discussing the Levison matter.

as you are aware,

there has been a longstanding agreement between the sse and this

Bureau in respect to interviews of this nature that interviewees

would not be required to answer questions when in their mind the

answers might be revealing of the identities of FBI confidential

SOLICES+

Enclosures (4)

62-116395

1 - The Deputy Attorney General

Attention:

Michael E. Shaheen, Jr.

Special Counsel fox

Intelligence Coordination

-2-

NW 65994 Docld:32989562 Page 120

---

## Page 121

62-116395

ALL INFORMATION CONTAINED

1 - Mr. J. B. Adams

1 - Mr.

J.

A. Mintz

I. - Mr. W.

R. Wannall

1 - Mr. J. G. Deegan

November 5, 1975

1 - Mr. R. L. Shackelford

1 - Mr. W. O. Cregar

1 - Mr. S.F. Phillips

U. S. SENATE SELECT COMMITTEE

TO STUDY GOVERNMENTAL OPERATIONS

VITIL RESPECT TO INTELLIGENCE ACTIVITIES (SSC)

RE:

INTERVIEL OF FORMER FBI

SECTION CHIEF FRED J. BAUMGARDNER

BY SSC STAFE MEMBERS

The following concerns an interview by SSC Staff

Members of former FBI Section Chief Fred J. Baumgardner.

On April 23, 1975, the Louisville Field Office of the

FBI advised that it had been informed by Baungardner that he

, had been contacted by SSC Staft lember Michael Epstein who had

sought to arrange an interview of Baungardner.

Baungardnet

requested of the FBI that a Bureau representative be present

during interview.

On April 24, 1975, Baumgardner telephonically contacted

the Legal Counse: Division of this bureau and related he had

been requested to come to Washington, D. C., to be interviewed by

Epstein.

Baumzardner told Epstein that he would make himself

available for interview at his own office in Louisville, Kentucky.

Baumgardner expressed concern regarding the interview, pointing

out that he had been a Section Chief in the Intelligence

Division for some 18 years and had continually dealt with very

sensitive matters which he felt were not the proper subject

matter of discussion with people outside the FBI.

Additionally,

Baungardner pointed out that he had been out of the Bureau for

some eight years and since he was not avare of curtent Bureau

operations,

he requested the Bureau have a representative present

during the interview and that that individual be thoroughly

Assoe. Dir.

Dep. AD Adm. -

familiar wich current Intelligence Division operations so that

Dep. AD Inv. -

Baungardner might be made aware of those areas which are sensitive

Asst, Dir.:

Admin._

and might compromise current Bureau investigations.

Comp. Syst. -

Ext. Affairs — ORIGINAL AND ONE COPY TO AG

Files & Cam. -

Gen. Inv. -

Ident. -

1 - 67-

(Personnel file former SA Fred J. Baumgardner)

Inspection -

Intell. -

Laboratory -

SFP:mjgigs

Plan. & Eval. -

(11)

SEE NOTE PAGE TWO

Spec. Inv. -

Training

Legal Coun.

Telephone Rm. -

Director Sec'y _

MAIL ROOM

TELETYPE UNIT

NW 65994 Docld:32989562 Page 121

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## Page 122

U. S. Senate Select Committee

to Study Governmental Operations

With Respect to Intelligence Activities (SSC)

Re:

Intervicw of Former FBI Section Chief

Fred J. Baumgardner by SSC Staff Members

As reported in the attachment to this memorandum,

negotiations between Baumgardner and the SSC apparently broke

and it was not until late September, 1975, that negotiations

were resumed leading up to the interview which took place on

October 8, 1975.

Subsequently, this Bureau waived Baumgardner's

employment agreement as to confidentiality. for the purpose of

the interview which was to concern the FBI's investigations

of Martin Luther King,

Jr., Communist Influence in lacial

Movement, and his knowledge of the Security Index and related

indices.

Attached is a memorandum prepared by Baumgardner

which reports the interview.

Enclosure

NOTE:

Legal Counsel Division contacts with Baumgardner

were by supervisor P. V. Daly. We are including with our LHM

the one which Baumgardner had prepared through our Louisville

Office and submitted by Louisville airtel 10/21/75,

"Senstudy

The only corrections made at the Bureau in the LHM were to

alter some incorrect spellings of names and in paragraph three

the name Epstein was changed to Gitenstein after

telephonically conferring with Baumgardner.

- 2 -

NW 65994 Docld:32989562 Page 122

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## Page 123

UNI

In. Reply, Picase Rofer to

File No.

STATES DEPARTMENT OF I

FEDERAL BUREAU OF INVESTIGATION

Louisville, kentucky

October 20, 1975

'TICE

U. S. SENATE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIES (SSC)

RE: INTERVIEW OF FORMER SECTION CHIEF

FRED J. BAUMGARDNER BY SSC STAFF MEMBERS

ALL INFORMATION CONTAINED

TEREIN IS ENCLASSIFIEI

DATE 11/2/10 BY SPALMISS

BACKGROUND

I was first contacted by Mike Epstein, SSC Staff

Member, in Apr:l, 1975.

Tentative arrangements were made for

Epstein to come to Louisville, Kentucky, to conduct the

interview. I contacted the Bureau and was advised that a

current Special Agent of the Federal Bureau of Investigation

(FBI) would be made available to sit in on the interview if

I requested it. Such a request was made and the Bureau so

advised Epstein. Subsequently, Epstein called me and asked

whether I had

requested someone from the Bureau to sit in

on the interview.

I replied that I had, and Epstein hung up

the phone.

No further contact was made

with me until late

in September, 1975. At that time, Martha Talley, SSC Staff

Member, called me requesting that I testify in Washington,

D. C.

After I discussed this matter with the Bureau, I made

arrangements with Martha Talley to appear before Staff Members

of the Committee in

Washington, D. C., on October 8, 1975.

The next day, after these arrangements were completed,

Martha Talley called and advised me that I would be testifying

under oath and that I could request to be represented by an

attorney. No such request was made.

INTERVIEY RE DR. MARTIN LUTHER KING

AND COMMUNIST INFILTRATION OF THE

SOUTHERN CHRISTIAN LEADERSHIP CONFERENCE (SCLC)

ORGANIZATION

This document contains neither recommendations nor conclusions

the FBI.

It is the property of the FBI and is loaned to your

agency; it and its contents are not to be distributed. outside your

agency.

NW 65994 Docld:32989562 Page 123

62-116-395-1244

---

## Page 124

U: S. SENATE SELECT CONMITTEE

ON • INTELLIGENCE ACTIVITIES (SSC)

RE: INTERVIEW OF FORMER SECTION CHIEF

FRED J. BAUMGARDNER BY SSC STAFF MEMBERS

At approximately 10:00 a.m., October 8, 1975, I

was

interviewed by the following named SSC Staîf Members:

Mike Epstein, Mark Gitenstein, Mary De Oreo, Martha Talley,

and one other Staff Member whose name I cannot recall. Epstein

began the interview by handing me a typed sheet captioned

"Advice of Rights". He asked me to read and sign that sheet.

After reading it,

I declined to sign it. Epstein stated he

didn't understand my reluctance to sign the "Advice of Rights"

form inasmuch as the FBI always did this when they conducted

interviews.

Epstein was corrected on this statement and war

told that the FBI did not require every interviewee to sign

an "Advice of Rights" statement unless the interview involved

a possible violation of the law on the part of the person

being interviewed.

Thousands of interviews are conducted

the FBI where it would be completely out of place to advise

people that statements they might make could be used against

them in a court of law. Epstein then indicated that unless

the

"Advice of Rights"

form was signed, no interview would be

conducted. I replied that i had come to Washington at the

insistence of the Committee, I was present, was available and

willing to go through

with the interview but I would not sign

the "Advice of Rights" form. One point in the form stated

that the interviewee had appeared voluntarily for interview.

I made the point the I had not come voluntarily but had come

only at the insistence of the Committee.

At the beginning of the interview, Epstein handed

me two or three memoranda.

During the course of the interview,

he let me read several other memoranda.

In all, he made

available to me a total of 12 memorandums, the captions and

dates of which are set out as follows:

1) F. J. Baumgardner to W. C. Sullivan, dated

August 22, 1963, "March on Washington"

2) F. J. Baumgardner to V. C. Sullivan, dated

August 29, 1963, "March on Washington"

-2 =-

NW 65994 Docld:32989562 Page 124

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## Page 125

ADDENDUL! by C.A. Ivans

(to informal memo 1/9/63

re Jack Levine, former SA) =

I spoke with the AG by phone at his home

concerning this matter, and briered him

fully as to developments.

The AG said

that the technical surveillance should by

all means be reinstituted immediately

C.A. Evans

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## Page 126

U.

S. SENATE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIES (SSC)

RE: INTERVIEW OF FORMER SECTION CHIEF

FRED J, BAUMGARDNER BY SSC STAFF MEMBERS

3)

F. J. Baumgardner to V. C. Sullivan, dated

September 16, 1963, "CIJSA - Communist Iniluence -

Racial Matters",

1) W. C. Sullivan to A. H. Belmont, dated

September 25, 1963, "CPUSA - Negroes Question".

5) F. J. Baumgardner to W. C. sullivan, dateo

November 19, 1963, "CPUSA - Negro Question".

6) F. J, Baumgardner tow. C. Sullivan, dated

December 19, 1963, "CPUSA - Negro Question".

7) W. C. Sullivan to A. H. Belmont, dated

December 24, 1963, "CPUSA - Negro Question".

8>

W. C. Sullivan

to A. H. Belmont, dated

January 6, 1964, "CPUSA - Negro

Question".

9)

F. J. Baumgardner to W. C. Sullivan, dated

January 28, 1964, "CPUSA - Communist Influence -

Racial Matters"

10) F. J. Baumgardner to W. C. Sullivan, dated

August 31, 1964, "Martin Luther King".

I]) F. J. Baumgardner to W. C. Sullivan, dated

September 8, 1964, "Martin Luther King"

12)

F. J. Baumgardner to V. C. Sullivan, dated

September 17, 1964, "Martin Luther King"

The questions posed to me by the staff Members

revolved around the information which

appeared in the above

listed memoranda.

I took no notes of the questioning and

cannot set forth the questions and answers in the order in

which they were asked. However, I will set out as many of

the questions,

together with my answers, as I can recall.

Practically all of the questions were asked by Mike Epstein.

I am unable to quote the exact questions and my exact answers;

however, I will

set out the gist of the questions and my

answers as best I can recall them.

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## Page 127

U..

S.

SENATE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIES (SSC)

RE: INTERVIEW OF FORMER SECTION CHIEF

FRED J. BAUMGARDNER BY SSC STAFF MEMBERS

Q. Why did the FBI open a case on Martin Luther King and

the SCLC?

A. To the best of my recollection, some Communists were in

the headquarters of the SCLC.

In addition, a secret

Communist Party member was exerting influence on King.

Since King made policy decisions for the SCLC, the FBI

had the responsibility to determine whether this important

organization was being used by the Communist Party for

its own purposes.

Q.

A.

When and why did the Bureau change from a Communist

infiltration investigation to an effort to expose King?

We had developed information concerning King's moral conduct

which indicated a vulnerability on his part and since the

Communists were exerting influence on him, it appeared to

be in the best interest of the country from a security

Q. Did you know a tape of activity concerning King and others,

which took place at the Washington Hotel, was sent to

Mrs. King?

A. I don't recall any such incident and the first I can recall

about it was a news item which appeared a few weeks ago

in a Louisville newspaper.

That item indicated that a

Special Agent of the Atlanta Office of the fBI was quoted

as saying he had made available such a tape to Mrs. King.

Epstein said that story was wrong; the tape was sent from

Washington, D. C., by soneone else. I asked him if he knew

that stor someone

* to y mat won: the

who had taken

the tape and he said he did.

I asked him

for the name of the person but he refused to give it to

me. In answer to a question, I told Epstein I was aware

of the existence of the tape.

The only discussion I could

recall concerning the use of

the tape to expose King's

immoral activity was one I had with W. C. Sullivan when he

raised the question of whether it could somehow be made

public through the news media. 1 objected to this approach

and the matter was dropped.

-4-

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## Page 128

FT..

U. S. SENATE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIES (SSC)

RE: INTERVIEW OF FORMER SECTION CHIEF

FRED J. BAUMGARDNER BY SSC STAFF MEMBERS

• Q.

Epstein asked me about a conference at the Seat of

Government with two Special Agents from the FBI Office

in Atlanta for the purpose of discussing ways to expose

King.

A. I didn't recall any such conference.

However, Epstein

then showed me a memorandum which set out the details of

such a conference, together with a list of possible ways

in which King could be exposed.

Q.

Epstein then showed me an'undated, uncaptioned page of

typing on plain bond paper.

He asked me to read it.

It was a diatribe against King and was full of dirty words

and bad language. Epstein asked me if I was familiar with

it.

A. I told him I did not recall having seen it before.

I

asked him where he got it.

He said it came from Bureau

files. I asked him if he

knew who wrote it.

He smilingly

indicated that he did but he refused to tell me the name

of the person.

@.

Epstein asked the procedure we used in opening a Communist

infiltration case.

A. I couln't recall the exact criteria used to open such cases

but told him it would be necessary for us to have information

that the Communist Party had infiltrated an organization

before we would open such a case.

Q.

Epstein asked why was the FBI interested in the March on

Washington.

A.

I replied that the FBI had information that Stanley

Levison;, a Communist, had

consulted with King about the

march and had advised him.

Further, that there was a great

deal of Communist Party activity throughout the country

in organtzing and urging people to participate in the march.

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## Page 129

U. S. SENATE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIES (SSC)

RE: INTERVIEW OF FORMER SECTION CHIEF

FRED J. BAUMGARDNER BY SSC STAFF MEMBERS

In addition, Communist Party leaders and members planned

and did participate in the arch and actually came to

Washington, D. C.

Q. At that point, Mark Gitenstein asked why did the FBI feel

that 200 Communists could come to Washington, D. C., and

take over the Government.

A. I replied that no one in the FBI thought the Communist

Party would take over the United States Government during

the March on Washington.

-I taid him I thought he knew

that no one in the FBI had any such idea and I wanted

to know why he had asked me such a question. Mr. Gitenstein

knew that I was quite annoyed and

he mumbled some half

apologetic answer.

Q. Epstein showed me a copy of a note from Director Hoover

on a memorandum, in which the Domestic Intelligence

Division was recommending the sending of instructions to

the field to make careful checks and open Communist

said since the Domestic Intelligence

Division had informed him there was no material Communist

Party activity in the March on Washington, he was not

going to expend time and money on such matters.

A. I told Epstein it appeared that the Director was upset

about something but that I had no independent recollection

of what it was.

Q. Epstein asked whether there was at that time a deep

division of opinion in the Bureau with the Domestic

Intelligence Division taking the position there was no

significant Communist activity in

connection with the

March on Washington and the Director taking the position

there was.

A. I replied that there was no deep division of opinion in the

Bureau on this subject to my knowledge.

I made the point

that the Domestic Intelligence Division had not been

ordered to change its mind by the Director and that in this

Instance, as always, we reported factually on information.

developed.

- 6 -

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Page 129"

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## Page 130

U.. S. SENATE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIES (SSC)

RE: INTERVIEW OF FORMER SECTION CHIEF

FRED J. BAUMGARDNER BY SSC STAFF MEMBERS

Q.

Epstin continued to refer to the Bureau's efforts to

expose King and indicated he thought we had gone rather

far when we had furnished information about King to the

Pope.

A. I replied I never thought we had furnished any information

to the Pope.

Epstein then showed me a memorandum which

instructed SAC Malone of the New York Office to contact

Cardinal Cushing or Cardinal Spellman and brief them on '

King in order that they could in turn

get the information

to the Pope. This action

grew out of a trip King was

making to Europe and it was thought that he would

see the

Pope at that time. I pointed out to Epstein that although

the memorandum in

question had been sent up over my name,

I had in

fact not seen the memorandum inasmuch as someone

had initialled it for me. He looked at the memorandum and

agreed and then asked who had initialled it.

I replied

it appeared to be either James Bland or Charles Brennan.

Q. Epstein asked how the FBI knew Levison: was a Communist.

A. The FBI had reliable information that Levison. was a

secret member of the Communist Party and was advising

King on important matters involving the activities of the

SCLC.

Q.

Epstein wanted to get into a detailed discussion concerning

Levison and his connection with the Communist Party.

A. I declined to be drawn into any such discussion on the basis

it might compromise

• Bureau sources.

Q. Epstein persisted in discussing the Levison matter.

A. I asked him if he was going to show me a memorandum or a

case file on Levison: as he had on other matters he had

asked me about.

- 7 -

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## Page 131

U. S. SENATE SELECT COMMITTCE

ON INTELLIGENCE ACTIVITIES (SSC)

RE: INTERVIEW OF FORMER SECTION CHIEF

FRED J. BAUMGARDNER BY SSC STAFF MEMBERS

• Q. Epstein asked me if there was a case file on Levison,.

A. I told him I did not know.

I told him that normally in

such a situation, there would be a case file but i had

no independent recollection of the Levison: case.

INTERVIEW RE THE SECURITY INDEX

At 1:30 p.m. on October 8, 1975, Staff Members

John I. Elliff, Mark

secretary whose

Gitenstein,

Martha Talley, a recording

name I didn't get, and I went to the office

of Senator Robert Morgan (NC), where I was sworn by the

Senator.

The Senator appeared to be somewhat ill at ease

and commented to me that "Times change."

He explained that

if he or some other Senator was not present, I would not be

required to testify under oath unless I wished to.

He then

explained that he had to get back to the Capitol

and he left.

The Staff Members, the

room.

recorder and I thon went to the interview

Epstein asked

me to read a lengthy memorandum which

compared the Department's criteria for Security Index subjects

with the FBI's criteria for Security Index subjects.

the course of the questioning, Epstein made available to me

five or six memoranda which ranged in time from 1949 to 1956

or 1957. All of these memoranda had to do with Security Index

matters.

Martha Talley opened the session by reading into the

record the "Advice of Rights". She did not ask me to sign the

"Advice of Rights".

When she had finished

reading, I put into

the record an objection concerning the statement that I was

voluntarily before the Committee. I wanted the record to

clearly show that I was appearing at the insistence of the

Committee.

Elliff commented he couldn't see what difference

it made.

I told him it made a difference to me.

Q. Talley asked me to detail my Bureau career:

- 8 -

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## Page 132

U. S. SENATE SELLCT COMMITTEE

ON INTELLIGENCE ACTIVITIES (SSC)

RE: INTERVIEW OF FORMER SECTION CHIEF

FRED J. BAUMGARDNER BY SSC STAFF MEMBERS

A..

I replied that I entered the service in 1939, was transferred

into the Seat of Government in 1942 or 1913,

that I

supervised War Labor Disputes Act cases; that at or near

the end of World War II, I was transferred to the Internal

Security Section.

In 1946 or 1947, I was promoted to the

sis Mine eat hat section section and lemained

in that position until I retired in 1966. I called attention

to the fact that the dates were to the best of my recollection

but that my service record would speak for itself concerning

the accurate dates.

Q. Talley asked me to explain the origin of the Security Index.

A. I told her it was in operation when I first came to the

Seat of Government and I could not furnish

any information

concerning the history of the Security index.

Q. Elliff asked whether I approved the inclusion of names

in the Security Index.

A. I replied I thought I had done so. Gitenstein then remarked

something

to the effect, "I think we had better show him

this memo." He was seferring to a memorandum he was holding

in his hands. He then showed me the memorandum which

revealed that individual supervisors initialled forms

for including subjects' names in the Security Index.

The

case Agent's initials were countersigned by an experienced

Supervisor. I then stated

that apparently I had been wrong

when I recalled that I had approved the inclusion of

subjects'

names in the Security Index.

They then showed

me another memorandum to the effect that I

should personally

approve certain Security Index subjects before their names

could be included in the Security Index.

I pointed out that

this was what I must have had in mind when I thought I

had approved cases for the inclusion of the subject's name

in the Security Index.

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## Page 133

D: S. SENATE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIES (SSC)

RE: INTERVIEW OF FORMER SECTION CHIEF

FRED J. BAUMGARDNER BY SSC STAFF MEMBERS

Q.

With respect to the memorandum which compared Department

criteria for inclusion of subjects'

names

in

the Security

Index with Bureau criteria in that regard, Elliff asked

me if there was a dispute between the Department and the

Bureau concerning the criteria.

A.

I told Elliff I had no independent recollection of such

a dispute although there could have been one.

Q. Talley asked why the FBI

had made a list of names of United

States citirins.

A. The purpose of the Security Index, to the best of my memory,

was so there would be available the names and addresses of

Communist Party members who were considered dangerous to

the internal security of the country in order that they

could be apprehended if such action became necessary during

a national emergency.

Q. How did the FBI decide what names to put in the Security

Index?

A. Members of the Communist Party were included in the Security

Index but I couldn't recall other breakdowns in the Index.

Q. How did you open Communist infiltration cases?

• A. I couidn't recall the criteria but if the Communist Party

had infiltrated an organization änd were influencing the

activities of the organization, we would open a Communist

infiltration case.

Q. Did the FBI use the Security Index to open cases? If &

Security Index subject attend the meeting of an organization,

would a Communist infiltration case be opened?

A. As far as I know, the FBI did not set up the Security Index

in order to use it to open other cases. The mere attendance

of a Security Index subject at a meeting would not be

-10 -

NW 65994 Docld:32989562 Page 133

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## Page 134

U. S. SENATE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIES (SSC)

RE: INTERVIEW OF FORMER SECTION CHIEF

FRED J. BAUMGARDNER BY SSC STAFF MEMBERS

sufficient to cause the FBI to open a Communist infi?tration

case.

As I recall it, there would have to be information

that

the Communist Party had infiltrated the organization.

In addition, the aims and purposes of the organization

itself might reflect Communist influences.

Q. If one Security Index subject attended a meeting, would

a Communist infiltration case be opened?

A. It wasn't a question of one or six Security Index subjects

attending a meeting. The FBI utilized its experience in

applying the criteria we had for opening such cases.

From time to time, Gitenstein and Elliff would go off

the record for a discussion of matters of which I had no

I tried to make it clear that the

main thrust of the Security Index was to have available the

names and addresses of people who would be dangerous to the

internai security of the country in order that

they could be

detained in the event of a national emergency.

Q. Talley asked if the apprehension program would be initiated

on the basis of a memorandum prepared by a Special Agent

of the FBI.

A. I told her that the program of apprehension would not be

initiated in that way.

I explained that the FBI would

receive orders from the Attorney General in this regard.

I told her that there was a prepared set of rules called

a Portfolio which outlined the

steps to be taken in order

to put the program into operation.

Q. Ellifi asked if consideration had ever been given to

putting the Security Index into operation.

A. I replied that on one occasion, Carl Hennrich, Assistant

to A. I. Belmont, had asked me

to come to his office to

discuss

putting

the program into operation.

Q. When did this occur?

A. I don't remember the year.

.

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## Page 135

U. S. SENATE®

SELECT COMMITTEE

QN. INTELLIGENCE ACTIVITIES (SSC)

RE: INTERVIEW OF FORMER SECTION CHIEF

FRED J. BAUMGARDNER BY SSC STAFF MEMBERS •

Q. Talley asked if any review was ever made of the Security

Index.

A. Yes. The cases were under constant review and great care

was exercised to make certain that names were deleted from

the Security Index wh 1 such action was warranted.

Near the end of the questioning, Elliff showed me

Director.

FBI had tried to get the Department to review all security

Index cases

without success.

He pointed out that we were

including names of people who would be apprehended in the event

the program was ever made operational. He was concerned about

this because in every other type of case, Departmental Attorneys

or United States Attorneys in the field made the determination

concerning apprehension. He felt it was a heavy burden for the

Bureau to carry this responsibility with respect to the Security

Index. Mr. Tolson recommended that the cases, or at least

certain of then, be approved by several people including me

and Belmont (A. H. Belmont, Assistant Director).

I told Elliff I had no independent recollection of

this memorandum and could not add anything to what Mr. Tolson

had

written.

7.

- 12*

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## Page 136

TE: SEE INSTRUCTIONS ON REVERSE

BEFORE COMPLETING.

CLASSIFY AS APPROPRIATE

FROM:

TO: Intelligence Community Staff

ATTN: Central

"Index

FBI

SUBJECT: Abstract of Information Provided to Select Committees

". How peover hock cannitiod, so moto! " document was made available

DOCUMENT

BRIEFING ER INTERVIEW

TESTIMONY

OTHER

2. DATE PROVIDED

11/5/75

3. TO WHOM PROVIDED (check appropriate term;

add specific names if appropriate)

The Attorney General with a copy for forwarding to the

SSC

Tihite House

HSC

4.

IDENTIFICATION (provide descriptive data for documents; dive name or identification number of briefer,

interviewee, testifier

subject)

Memorandum reporting the results of an interview by SSC Staff

Members of forner Special Agent Fred J. Baumgardner

'• IN RESPONSI

verbal sequese on names, mber

mit alive, esppose to formal request, other-

U

7. KEy "unds finter the pepsopriate key words from the list provided separately: If key words not listed aro

Operating procedures

Information handling

8. SUMMARY (see reverse side before completing this item)

Interview rogerding his Inhuledge of the iDI's investigations

of Martin I. King, Jx., Coumunist Influence in Racinl Hoverent

and Security Index and related indices.

ALL INFORMATION. CONTAINED

62-116395

FMK: Enk

(4)

ORIGINAL VIA LIAISON TO CENTRAL, COMMUNITY INDEX

IN CONNECTION WITH SENSTUDY 75

TREAT AS YELLOW

379| (6-75)

NW 65994 Docld:32989562 Page 136

CLASSIFY AS APPROPRIATE

---

## Page 137

INSTRUCTIONS

• Type or print clearly in ink.

• Indicate classification of the abstract top and bottom.

• Date the abstract and put on any internal control numbers required.

• "FROM" entry should clearly identify the organization providing the

information.

• If additions (as when a copy of document sent to SSC is later sent to

HSC) or changes to a previously submitted form are necessary, submit a

copy of the original abstract, with the change indicated.

SPECIFIC ITEM NO. 8. SUMMARY - enter brief narrative statement describing

substance of information and showing relationship to Intelligence Community

matters if appropriate. Any feedback or evidence of investigatory interests

should be noted. Commitments made to supply additional information should be

noted. Additionally, certain administrative information may be entered here,

e.g., restrictions on review of a document, if document was paraphrased, whether

interviewee is current or former employee, etc. If actual document or transcript

is provided, that fact should be noted and no summary is required. Additional

pages may be attached if necessary.

/

-

NW 65994 Docld:32989562 Page 137

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## Page 138

In Reply, Please Refer to

File No.

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

Louisville, Kentucky

October 20, 1975

ALL INEORMATION CONTAINED

HEREIN 1& UNCLASSIFIED.

DATE /1K10

U. S. SENATE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIES (SSC)

RE :

INTERVIEW OF FORMER SECTION CHIEF

FRED J. BAUMGARDNER BY SSC STAFF MEMBERS

BACKGROUND

I was first contacted by Mike Epstein, SSC Staff

Nember, in April, 1975.

Tentative arrangements were made for

Epstein

to come to Louisville, Kentucky, to conduct the

interview.

I contacted the Bureau and

was advised that a

current Special Agent of the Federal Bureau of Investigation

(FBI) would be made available to sit in on the interview if

I requested it. Such a request was made and the Bureau so

advised Epstein. Subsequently, Epstein called me and asked

whether I had requested someone from the Bureau to sit in

on the interview.

I replied that I had, and Epstein hung up

No further contact was made with me until late

tn September, 1975. At that time, Martha Talley,sin son,*

Member, called me requesting that

I testify in Washington,

D. C.

After I discussed this matter with the bureau,

I made

arrangements with martha Talley to appear before Staff Members

of the Committee in Washington, D. C., on October 8, 1975.

The next day, after these arrangements were completed

Martha Talley called and advised me that I would be testifying

under oath and that I could request to be represented by an

attorney.

No such request was made.

INTERVIEW RE DR. MARTIN LUTHER KING

AND COMMUNIST INFILTRATION OF THE

SOUTHERN CHRISTIAN LEADERSHIP CONFERENCE (SCLC)

ORGANIZATION

This document contains neither recommendations nor conclusions of

the FBI.

It is the property of the FBI and is loaned to your

agency; it and its contents are not to be distributed outside your

agency.

NW 65994 Docld:32989562 Page 138

62116385-1243

ENCLOSURE'

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## Page 139

U. S. SENATE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIES (SSC)

RE: INTERVIEW OF FORMER SECTION CHIEF

FRED J. BAUMGARDNER BY SSC STAFF MEMBERS

At approximately 10:00 a.m., October 8, 1975, 1

was interviewed by the following named SSC Staff

Members:

MIKe Epstein, Mark Gitenstein, Mary De Oreo, martha Talley,

and one other Staff Member whose name I cannot recall. Epstein

began the interview by handing me a typed sheet captioned

"Advice of Rights"

He asked me to read and sign that sheet.

After reading it, I declined to sign it. Epstein stated he

didn't understand my reluctance to sign the "Advice of Rights"

form inasmuch as the FBI always did this when they conducted

interviews.

Epstein was corrected on this statement and was

told that the FBI did not require every interviewee to sign

an "Advice of Rights" statement unless the interview involved

a possible violation of the law on the part of the person

being interviewed. Thousands of interviews are conducted by

the FBI where it would be completely out of place to advise

people that statements they might make could be used against

them

in a court of law. Epstein then indicated that unless

the "Advice of Rights"

form was signed, no interview would be

conducted. I replied that I had come to Washington at the

insistence of the Committee, I was present, was available and

willing to go through with the interview but I would not sign

the "Advice of Rights" form. One point in the form stated

that the interviewee had appeared voluntarily for interview.

I made the point the I had not come voluntarily but had come

only at the insistence of the Committee.

At the beginning of the interview, Epstein handed

me two or three memoranda.

During the course of the interview,

he let me read several other memoranda. In all, he made

available to me a total of 12 memorandums, the captions and

dates of which are set out as follows:

1) F. J. Baumgardner to W. C. Sullivan, dated

August 22, 1963, "March on Washington".

2) F. J. Baumgardner to W. C. Sullivan, dated

August 29, 1963, "March on Washington"

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## Page 140

U. S. SENATE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIES (SSC)

RE: INTERVIEW OF FORMER SECTION CHIEF

FRED J. BAUMGARDNER BY SSC STAFF MEMBERS

F. J. Baumgardner to W. C. Sullivan, dated

September 16, 1963, "CPUSA - Communist Influence -

Racial Matters".

4) W. C. Sullivan to A. H. Belmont, dated

September 25, 1963, "'CPUSA - Negroes Question".

5) F. J. Baumgardner to W. C. Sullivan, dated

November 19, 1963, "CPUSA - Negro Question".

F. J. Baumgardner to W. C. Sullivan, dated

December 19, 1963, "CPUSA - Negro Question".

7)

W. C. Sullivan to A. H. Belmont, dated

December 24, 1963, "CPUSA - Negro Question".

W. C. Sullivan to A. H. Belmont, dated

January 6, 1964, "CPUSA - Negro Question".

F. J. Baumgardner to W. C. Sullivan, dated

January 28, 1964, "CPUSA - Communist Influence -

Racial Matters!

10) F. J. Baumgardner to W. C. Sullivan, dated

August 31, 1964, "Martin Luther King".

11) F. J. Baumgaraner to W. C. Sullivan, dated

September 8, 1964, "Martin Luther King"

12)

F. J. Baumgardner to W. C. Sullivan, dated

September 17, 1964, "Martin Luther King"

The questions posed to me by the Staff Members

revolved around the information which appeared in the above

listed memoranda. I took no notes of the questioning and

cannot set forth the questions and answers in the order in

which they were asked. However, I will set out as many of

the questions, together with my

answers, as I can recall.

Practically all of the questions were asked by Mike Epstein.

I am unable to quote the exact questions and my exact answers;

however, I will set out the gist of the questions and my

answers

as best I can recall them.

- 3 -

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## Page 141

U. S. SENATE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIES (SSC)

RE: INTERVIEW OF FORMER SECTION CHIEF

FRED J. BAUMGARDNER BY SSC STAFF MEMBERS

• Q.

Why did the FBI open a case on Martin Luther King and

the SCLC?

A. To the best of my recollection, some Communists were in

the headquarters of the SCLC.

Communist Party member was exerting influence on King.

Since King made policy decisions for the SCLC, the FBI

had the responsibility to determine whether this important

organization was being used by the Communist Party for

its own purposes.

Q. When and why did the Bureau change from a Communist

infiltration investigation to an effort to expose King?

A. We had developed information concerning King's moral conduct

which indicated a vulnerability on his part and since the

Communists were exerting influence on him, it appeared to

be in the best interest of the country from a security

standpoint.

Q. Did you know a tape of activity concerning King and others,

which took place at the Washington Hotel, was sent to

Mrs. King?

A. I don't recall any such incident and the first I can recall

about it was a news item which appeared a few weeks ago

in a Louisville newspaper.

That item indicated that a

Special Agent of the Atlanta Office of the FBI was quoted

as saying he had made available such a tape to Mrs. King.

Epstein said that story was wrong; the tape was sent from

Washington, D. C., by someone else. I asked him if he knew

who had taken the tape and he said he did. I asked him

for the name of the person but he refused to give it to

me. In answer to a question, I told Epstein I was aware

of the existence of the tape. The only discussion I could

recall concerning the use of the tape to expose King's

immoral activity was one I had with W. C. Sullivan when he

raised the question of whether it could somehow be made

public through the news media. I objected to this approach

and the matter was

dropped.

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U. S. SENATE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIES (SSC)

RE: INTERVIEW OF FORMER SECTION CHIEF

FRED J. BAUMGARDNER BY SSC STAFF MEMBERS

• Epstein asked me about a conference at the Seat 01

Government with two Special Agents from the FBI Office

in Atlanta for the purpose of discussing ways to expose

King.

A. I didn't recall any

such conferences. However, Epsteir

then showed me a memorandum which set out the details of

such a conference, together with a list of possible ways

in which King could be exposed.

Q.

Epstein then showed me an undated, uncaptioned page of

typing on plain bond paper.

He asked me to read it.

It was a diatribe against King and was full of dirty words

and bad language. Epstein asked me if I was familiar with

A. I told him I did not recall having seen it before.

asked him where he got it. He said it came from Bureau

files.

I asked him if he knew who wrote it. He smilingly

indicated that he did but he refused to tell me the name

of the person.

Q. Epstein asked the procedure we used in opening a Communist

infiltration case.

A. I couln't recall the exact criteria used to open such cases

but told him it would be necessary for us to have intormation

that the Communist Party had infiltrated an organization

before we would open such a case.

Epstein asked why was the FBI interested in the March on

Washington.

Leven that theist, had ensured mate st abel the

march and had advised him.

Further, that there was a great

deal of Communist Party activity throughout the country

in organizing and urging people to participate in the march.

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## Page 143

U. S. SENATE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIES (SSC)

RE: INTERVIEW OF FORMER SECTION CHIEF

FRED J. BAUMGARDNER BY SSC STAFF MEMBERS

Q.

In addition, Communist Party leaders and members planned

and did participate in the march and actually came to

Washington, D. C.

At that point, Mark Gitenstein asked why did the FBI feel

that 200 Communists could come to Washington, D. C., and

take over the Government.

I replied that no one in the FBI thought the Communist

Party would take over the United States Government during

the March on Washington.

I told him I thought he knew

that no one in the FBI had any such idea and I wanted

to know why he had asked me such a question. Mr. EpstEITENSTEIN

knew that I was quite annoyed

l and he mumbled some half

apologetic answer.

Q.

A.

Epstein showed me a copy of a note from Director Hoover

on a memorandum, in which the Domestic Intelligence

Division was recommending the sending of instructions to

the field to make careful checks and open Communist

infiltration cases where warranted. In effect, the

Director's note said since the Domestic Intelligence

Division had informed him there was no material Communist

Party activity in the March on Washington, he was not

going to expend time and money on such matters.

I told Epstein it appeared that the Director was upset

about something but that I had no independent recollection

of what it was.

Q.

Epstein asked whether there was at that time a deep

division of opinion in the Bureau with the Domestic

Intelligence Division taking: the position there was no

significant Communist activity in connection with the

March on Washington and the Director taking the position

there was.

A. I replied that there was no deep division of opinion in the

Bureau on this subject to my knowledge. I made the point

that the Domestic Intelligence Division had not been

ordered to change its mind by the Director and that in this

instance, as always, we reported factually on information

developed.

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U. S. SENATE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIES (SSC)

RE: INTERVIEW OF FORMER SECTION CHIEF

FRED J. BAUMGARDNER BY SSC STAFF MEMBERS

Q. Epstein continued to refer to the Bureau's efforts to

Pope.

A. I replied I never thought we had furnished any information

to the rope.

Epstein then showed me a memorandum which

instructed SAC Malone of the New York Office to contact

Cardinal Cushing or Cardinal Spellman and brief them on

King in order that they could in turn get the information

to the Pope.

This action grew out of a trip King was

making to Europe and it was thought that he would see the

Pope at that time.

I pointed out to Epstein that although

the memorandum in question had been sent up over my name,

I had in fact not seen the memorandum inasmuch as someone

had initialled it for me.

He looked at the memorandum and

agreed and then asked who had initialled it. I replied

it appeared to be either James Bland or Charles Brennan.

Q.

Epstein asked how the FBI knew Levinson

. was a Communist.

A.

Epstein wanted to get into a detailed discussion concerning

Levinson and his connection with the Communist Party.

A.

Q.

A.

The FBI had reliable information that Levinson was

secret member of the Communist Party and was advising

King on important matters involving the activities of the

SCLC.

I declined to be drawn into any such discussion on the basis

it might compromise Bureau sources.

Epstein persisted in discussing the Levinson

matter.

I asked him 1i

he was going to show me

a memorandum or a

case file on Levinson as he had on other matters he had

asked me about.

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## Page 145

U. S. SENATE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIES (SSC)

RE: INTERVIEW OF FORMER SECTION CHIEF

FRED J. BAUMGARDNER BY SSC STAFF MEMBERS

/Q. Epstein asked me if there was a case file on Levilson.

A.

I told him I did not know. I told him that normally in

such a situation, there would be a case file but I had

no independent recollection of the Levihson case.

-

INTERVIEW RE THE SECURITY INDEX

At 1:30 p.m. on October 8, 1975, Staff Members

John T. Elliff, Mark

Gitenstein, Martha Talley, a recording

secretary whose name I didn't get, and I went to the office

of Senator Robert Morgan (NC) ,

where I was sworn by the

Senator.

The Senator appeared to be somewhat ill at ease

and commented to me that "Times change." He explained that

ifthe or some other Senator was not present, I would not be

required to testify under oath unless I wished to.

He then

explained that he had to get back to the Capitol and he left.

The Staff Members, the recorder and I then went to the interview

1 room.

Epstein asked me to read a lengthy memorandum which

compared the Department's criteria for Security Index subjects

with the FBI's criteria for Security Index subjects.

During

the course of the questioning, Epstein made available to me

five or six memoranda which ranged in time from 1949 to 1956

or 1957. All of these memoranda had to do with Security Index

matters.

Martha Talley opened the session by reading into the

She did not ask me to sign the

"Advice of Rights". When she had finished reading, I put into

the record an objection concerning the statement that I was

voluntarily before the Committee. I wanted the record to

clearly show that I was appearing at the insistence of the

Committee. Elliff commented he couldn't see what difference

it made. I told him it made a difference to me.

Q. Talley asked me to detail my Bureau career.

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U. S. SENATE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIES (SSC)

RE: INTERVIEW OF FORMER SECTION CHIEF

FRED J. BAUMGARDNER BY SSC STAFF MEMBERS

A. I replied that I entered the service in 1939, was transferred

into the Seat of Government in 1942 or 1943, that I

supervised War Labor Disputes Act cases; that at or near

the end of World War I1, I was transferred to the Internal

Security Section. In 1946 or 1947, I was promoted to the

In 1948 or 1949,

I was made Chief of the Internal Security Section and remained

in that position until I retired in 1966. I called attention

to the fact that the dates were to the best of my recollection

but that my service record would speak for itself concerning

the accurate dates.

Q. Talley asked me to explain the origin of the Security Index.

A. I told her it was in operation when I first came to the

Seat of Government and I could not furnish any information

concerning the history of the Security Index.

Q. Elliff asked whether I approved the inclusion of names

in the Security Index.

A. I replied I thought I had

done so. Gitenstein then remarked

something

to the effect, "I think we had better show him

this memo." He was referring to a memorandum he was holding

in his hands.

He then showed me the memorandum which

revealed that individual supervisors initialled forms

for including subjects' names in the Security Index.

The

case Agent's initials were countersigned by an experienced

Supervisor.

I then stated that apparently I had been wrong

when I recalled that I had approved the inclusion of

subjects' names in the Security Index.

They then

• showed

me another memorandum to the effect that I should personally

approve certain security Index subjects before their names

could be included in the security Index. I pointed out that

this was what I must have had in mind when I thought I

had approved cases for the inclusion of the subject's name

in the

• Security Index.

NW 65994 Docld:32989562 Page 146

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## Page 147

U. S. SENATE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIES (SSC)

RE: INTERVIEW OF FORMER SECTION CHIEF

FRED J. BAUMGARDNER BY SSC STAFF MEMBERS

Q. With respect to the memorandum which compared Department

criteria for inclusion of subjects' names in the security

Index with Bureau criteria in that regard, Elliff asked

me if there was a dispute between the Department and the

Bureau concerning the criteria.

A. I told Elliff I had no independent recollection of such

a dispute although there could have been one.

Q. Talley asked why the FBI had made a list of names of United

States citizens.

A. The purpose of the Security Index, to the best of my memory,

was so there would be available the names and addresses of

Communist Party members who were considered dangerous to

the internal security of the country in order that they

could be apprehended if such action became necessary during

a national emergency.

Q. How did the FBI decide what names to put in the Security

Index?

A. Members of the Communist Party were included in the Security

Index but I couldn't recall other breakdowns in the Index.

Q. How did you open Communist infiltration cases?

A. I couldn't recall the criteria but if the Communist Party

had infiltrated an organization and were influencing the

activities of the organization, we would open a Communist

infiltration case.

Q. Did the fBl use the security Index to open cases? If a:

Security Index subject attend the meeting of an organization,

would a Communist infiltration case be opened?

A.

As far as I know, the FBI did not set up the Security Index

in order to use it to open other cases.

The mere attendance

of a Security Index subject at a meeting would not be

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## Page 148

U. S. SENATE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIES (SSC)

RE: INTERVIEW OF FORMER SECTION CHIEF

FRED J. BAUMGARDNER BY SSC STAFF MEMBERS

sufficient to cause the FBI to open a Communist infiltration

sI recall it

In addition, the aims and purposes of the organization

itself might reflect Communist influences.

Q. If one Security Index subject attended a meeting, would

a Communist infiltration case be opened?

A. It wasn't a question of one or six Security Index subjects

attending a meeting. The FBI utilized its experience in

applying the criteria we had for opening such cases.

From time to time, Gitenstein and Elliff would go off

the record for a discussion

of matters of which I had no

independent recollection.

I tried to make it clear that the

main thrust of the Security Index was to have available the

names and addresses of people who would be dangerous to the

internal security of the country in order that they could be

detained in the event of a national emergency.

Q. Talley asked if the apprehension program would be initiated

on the basis of a memorandum prepared by a Special Agent

of the FBI.

A. I told her that the program of apprehension would not be

initiated in that way.

I explained that the FBI would

receive orders from the Attorney General in this regard.

I told her that there was

a prepared set of rules called

a Portfolio which outlined the steps to be taken in order

to put the program into operation.

Q.

Elliff asked if consideration had ever been given to

putting the Security Index into operation.

A. I replied that on one occasion, Carl Hinnrich, Assistant

to A. H. Belmont, had asked me

to comelto his office to

discuss putting the program into operation.

Q. When did this occur?

A. I don't remember the year.

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## Page 149

:

U. S. SENATE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIES (SSC)

TRY. WAUGARDNER BY ESC STATE MEMBERS

Q. Talley asked if any review was ever made of the Security

Index.

A. Yes. The cases were under constant review and great care

was exercised to make certain that names were deleted from

the Security Index when such action was warranted.

Near the end of the questioning, Elliff showed me

a memorandum dated in 1955 which Mr. Tolson had sent to the

Director.

In this memorandum, Mr. Tolson commented that the

FBI had tried to get the Department to review all Security

Index cases without success.

He pointed out that we were

including names of people who would be apprehended in the event

the program was ever made operational. He was concerned about

this because in every other type of case, Departmental Attorneys

or United States Attorneys in the

field made the determination

concerning apprehension. He felt it was a heavy burden for the

Bureau to carry this responsibility with respect to the Security

Index. Mr. Tolson recommended that the cases, or at least

certain of them, be approved by several people

including me

and Belmont (A. H. Belmont, Assistant Director).

I told Elliff I had no independent recollection of

this memorandum and could not add anything to what Mr. Tolson

had written.

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## Page 150

FD-36 (REv. 5-29954)

Transmit the following in

AIRTEL

Via

FBI.

Date:

10/21/75

(Type in plaintext or code)

(Priority)

TO:

FROM:

SUBJECT:

DIRECTOR, FBI (62-116395)

Attn:

SAC, LOUISVILLE (66-2541)

SENSTUDY 75

Section Chief W./ O. CREGAR

INTD, Rm. 4063 JEH

Enclosed herewith for the Bureau are eight(8) copies

of a

letterhead memorandum prepared by former FBI Section Chief

FRED

J. BAUMGARDNER in the Louisville Office, dated 10/20/75.

/2 - Bureau

(Enals.

8) jo

SSC: mfm

BAT I/S00 SEANS

Rabil

551Q4.3

1113250

*1*475

....:

Sent

NW

65994 Docld:32989562°Page f9pt in| Charge

_ M

Per -

#U.S. Government Printing Office: 1972 - 455-574

---