Document date: 00/00/0000
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66-ME-215)

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Retenned anden one Conn F. Perred: Pensenizables Redeade Serbeobier 208 C5 2332 144 290 229

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## Page 2

E3-350 (Rev. 7-16-63)

Icopy

ferd to

Bureau 1-5-72007

(Mount Clipping in Space Below)

Ex-FBI Official

Defends Break-Ins

By EDWARD W. O'BRIEN

Newhouse News Service

WASHINGTON - W. Mark Felt, a retired top FBI

official, authorized two clandestine break-ins by FBI

agents to premises invelving radical terrorist organiza-

tions. and he's proud of it.

If he had refused to permit the agents to carry out

ack-bag jobs in search of information about the group.

would have been derelict in my duty." Felt said in a

interview.

One entry four years ago to an Arab information

office in Dallas may have saved American lives, he indi-

cated. The FBI agents were able to photograph within

minutes an ultra-secret membership list of 80 U.S. resi-

dents who were members or possible sympathizers of Al

Fatah, the Arab guerrilla organization affiliated with the

Palestinian Liberation Organization.

Other FBI agents around the country immediately

tracked down the 80 Arabs, interviewed them, "and let

them know they would be watched," Felt recalled.

Not all of them were bombers, Felt said, but some

were viewed as potential terrorists. The FBI had learned

through informants that Al Fatah feared the FBI and

would be most unlikely to engage in violence after mem-

bers identities were known,

The other FBI surreptitious entry approved in

advance by Felt as acting associate director of the bu-

reau was in an effort to trace some 20 Weathermen

fugitives being hunted for federal crimes. The break-in

was conducted in New York but failed to produce the

desired information, because friends and relatives of the

fugitives were extremely careful to avoid revealing clues

to help in their capture.

The Dallas break-in has not stirred any current legal

problems for the FBI because of the PLO's obvious con

nection with foreign governments. But the Weatherman

entry - and others allegedly carried out against the

Socialist Workers Party, a Marxist organization - are

being investigated.

Felt and others of the FBI's highest hierarchy at that

time are dismayed by the investigations. Most of his one-

time colleagues have chosen to remain publicly silent in

the face of possible indictments.

But Felt is outspoken about his actions prior to his

1973 retirement and the reasons for them.

The break-ins were morally and probably legalk

justified, he said, citing this quotation from Thomas

Jefferson: "A strict adherence to written laws is not the

highest duty of good citizens. The laws of self-preserva-

tion, of saving the country when danger abounds, are of

more importance, for without a nation there would be no

Constitution."

A 1972 Supreme Court decision held that surrepti-

tious entry, without a warrant, to install an eavesdrop-

ping device against a domestic target, is lawful if the

targe

har a

"significant"

connection with a foreign

power, he said.

• WN 56240 Doc1: 32989817

Page 2

(Indicate page, name of

newspaper, city and state.)

PAGE 1

— COMMERCIAL APPEAL

HEMPHIS, TINY

Date: JAN . 1, 1977

Edition:

Author:

Editor:

Title:

SENSTUDY ÷75

Character:

от HE66-2150

Classification:

Submitting Office:

NEWPHIS

_ Being Investigated

SEARCHED

SERIALIZED

_INDEXED

FILED me

JAN

Ji.1

FBI - MEMPHIS/

---

## Page 3

There can be no double standard. Violence is vi

ence, and murder is murder

jury and trade, he said, the disclosure about the fredd

NW 55240

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## Page 4

513-350 (Rev. 9-16-63)

(Mount Clipping in Space Below)

Still 'Twisting Slowly'

SOME OF THE domestic, intelligence

to carry the burden — and so does its

burglaries conducted by the FBI in 1972

present director, Clarence M. Kelley.

are now being laid at the feet of L. Patrick

Kelley is having to devote so much

Gray III, who was briefly acting director

time to trying io save a little of the FBI's

after the death of J. Edgar Hoover in May

credibility and morale that he is left little •

of that year.

time for running what is one of the most

It's hard to know what was happening

important

agencies

of

federal

within the Federal Burea' of Investiga-

government.

tion at that time. W. Mark Felt, former

is good to clean up past FBI error

associate FBI director, says he approved

nd it is vital to be assured that the FE

burglaries because he i-d board Gray say

is not

still governed by old-time loyal

"he would approve these things." Edward

Hoover hands who i: tinctivig obey past

S. Miller, former head of FBI intelligence,

conditioning.

says Gray approved such break-ins in a

Somewhere the FBi needs a line to

conversation at which there was no third-

divide the abuses of the past and the ef-

party witness. Gray, through his lawyer,

forts to live by the new rules. We need the

has denied "condoning or approving, di-

FBI to fight crime and subversion. We

rectly or indircctly, any illegal act" by the

need an FBl free of political interference.

FBI.

We need an FBI that can be proud of it-

self and make us proud of it.

It

should be remembered that the

summer of '72 was the time Gray was up

to his neck in problems involving the con-

tents of "plumber" Howard Hunt's safe,

the CIA and White House aide John Dean

.. a time when, he told the Senate Water-

gate investigators,

"I

was confused,

•uncertain and uneasy."

. Gray has testified he had several

briefings from Mark Felt, and gave Felt

directions, in that per. a. iness had to do

with CIA relations and the Hunt papers,

which were not what Gray took them to

be, and which he wrongly destroyed think-

ing, he said, he was protecting national

"security. In the end, when his Senate con-

firmation hearings brought out much of

this, Gray found himself, in the words of.

former President Nixon's aide, John Ehi-

lichman, being left to "hang there" and

"twist slowly in the wind."

Speaking of his mistake in burning

the Hunt papers, Gray told the Watergate

Committee in August, 1973: "I shall carry

the burden of that act with me always."

ig

to

8/20/76som

LOOKING AT THE statements made

about Gray and the FBI burglaries this

week by Felt and Miller, Gray's words

seem prophetic...

But more than that, the FBI continues

ndicate page, namo o

ewspaper, cily and state.

— PAGE 4

— CONHERICAL APPEAL

:

•, TEN

Date: 8/20/76

Edition:

Author:

Editor:

Title:

EDITORIAL

Character:

Classification: 46-2150

Submitling Office: MEMPHIS

AUù a C 1976

FBI - MEMPHIS

-NN- 55240-DoeId:32989817. Page 4

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## Page 5

FD-350 (Rev. 1-16-03)

(Mount Clipping in Space Below)

Probe Hits More At FBI

The New York Times News Service

0e «go rations.

RIW

55240

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aste

Shelburne

fester

Page 5

(Indicate page, name of

newspaper, city and state.)

— PAGE

— COMMERCIAL APPEAL

— MEMPHIS, TENN

-

Date:

7-9-76

Edition:

Author:

Editor: MICHAEL GREHL

Title:

Character:

Classification: 66-2150

Submitting Office: HEMPHIS

• Being Investigated

I SEARCHED...

NDEXED.

A SERIALIZED.

ILED CAmA

JULI.: 1976

FBI - MEMPHIS

дог

---

## Page 6

FD-350 (Rev. 7-16-63)

(Mount Clipping in Spuce Below)

NAACP's Roy Wilkins Says

He Will Refuse to Retire

By PAUL VANCIL

attempt to

oust him by "a small

Press-Scimitar Staff Writer

powerful

group." However, his

wife

Minnie said the attempt had started after

In an open break with some members of

Mrs. Margaret Bush Wilson of St. Louis

the NAACP board of directors, executive

had become board chairman.

director Roy

Wilkins

told

delegates

at

He said the criticisms starting about 18

Cook Covention Center today he would re-

months ago had affected his health but

fuse to retire in January as previously

did not specify.

announced.

Wilkins said he did not know why the

Wilkins said he understood the agree-

cause a statement that he would retire in

ment with the board was that he would

January was made without consulting him

and "a campaign of vilification" had been

started

against him by certain

board

members.

Wilkins told the delegates in

a short

statement

this morning,

"It was

with

shock that I learned that a campaign of

vilification of me had been started

... by

certain members of the board and contin-

ues until this day. If God is willing I shall

be at the St. Louis convention as an active

directing member of the NAACP family.

"If the board elects to fire me before

that time, then I shall have to call upon

you to let me represent your interests di-

rectly."

At a press conference later, Wilkins re-

fused to name the board members. he

referred to, but said there was an organ-

2176

pig.

break.

NW

55240

Doold: 32989817

Page 6

said a recently drawn contract said he

would become a consultant at only $10,000

per year, a large drop from his reported

$38,500 per year.

The NAACP Resolutions Committee

today proposed a resolution calling for ar

investigation of alleged FBI survelliance

of NAACP members and possible criminal

prosecution "of those responsible."

The call came in the committee's Civil

Rights Resolution.

be disciplined

impartial agency appointed by the Con

gress to investigate

and recommend

ppropriate action including crimina

rosecution against those who violated the

• rights of so many Americans."

In the same resolution, President Ford,

and congressional members were called

upon "to cease cheap demagoguery and

begin to obey the law" on school busing

The resolution

also asks for a federa

investigation of "the growing epidemic of

Violence against black citizens."

Also reported out of committee were

resolutions on foreign affairs, communica

tions, labor and industry,

protection and economic development. All

resolutions may be amended by the dele-

gates.

Resolutions on education, housing, po-

litical action, health and armed services

are also expected. The delegates will con-

sider the resolutions today and tomorrow.

In the proposed foreign affairs resolu-

tion, the committee noted its approval of

U.S. policy supporting majority rule by

blacks in African countries. It reaffirmed

a 1975 resolution calling on American

businesses to stop investing in South Afri-

ca "until apartheid is ended and majority

rule becomes reality."

Monday the delegates adopted an emer-

gency resolution condemning violence

against blacks in South Africa k

Indicate page, name o

newspaper, city and state.

.. •

_ PAGE 1

_ MEMPHIS PRESS

SCIMITAR

-MEMPHIS, LENN

Dato: 7-1-76

Edition:

Author:

Editor: MILTON BRITTEN

Tille:

Character: ME66-2150

Classification:

Submitting Office: MEMPHIS

• Being Investigated

SEARCHED

_INDEXED.

SERIALIZED.

_ FILED_E

JUL ? 1976.

FBI - MEMPHIS (

---

## Page 7

- letion

NAACP President

Points to New Era

More militancy is needed to make sure civil rights

• laws are implemented, Dr. W. Montague Cobb of Wash

'ington, president of the national organization, said

VAAC, to get civil rights,

CP, e has be a lo rises Core les led by the .

conference.

implemented," he said.

"The NAACP must take the offensive in leading

America out of the sickness it is in. We must get away

from the program that racism is the root of all evil... it

is not.

"We have to attack the fundamental nature of man

and I do not care by what approach that is done, but it

has to be an educational one," Cobb said.

At another point, however, Cobb said racism is a

form of mental illness that handicaps whites more than

blacks.

Through education, said Cobb, man could get to the

real root of his problems - hate.

You have got to eradicate hate from human nature

as the technique of getting something done," he said dur-

ing his first major news conference of the national con-

vention

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## Page 8

FD-350 (Rov. 7-16-63)

(Mount Clipping in Space Below)

Is FBI Or Individual Agent

Responsible For Illegalicies?

By GARRY WILLS

Done MOReMBURG principle has been chal

lenged in its international application. som

say international law is not recognized by all na-

tions; imposed on the conquered, it amounts to

promulgating and enforcing the law simultaneous-

ly. Nonetheless, we as a nation did establish the

Nuremburg principle, and we have tried on occa-

sion to abide by it, even when the criminal was an

Arnerican soldier (e.g., Lt. William Calley).

But even if there are some arguments against

the principle in international affairs, we cannot

logically assert it in a questionable area and deny

it where no such doubts apply. In domestic affairs,

when we are dealing with fellow citizens under a

single legal system, there can be no defense for

breaking a law on the grounds that "I was just

obeying orders." The judge very eloquently knock-

ed down that defense in the "plumbers" trial.

Many well-documented crimes against Ameri-

san citizens have been committed by active agents

if the CIA and the FBI. Yet no single perpetrator

if those multiple crimes has been convicted. In the

lew cases where indictments were brought, the

agencies succeeded in quashing them. But now we

hear that the Justice Department is investigating

the network of FBI agents who committed illegal

searches and seizures in the campaign against the

Socialist Workers Party.

TO SOME AMERICANS, the idea of holding a

"G-Man" to account for undermining the Constitu-

tion is unthinkable. These people have been treated

as above the law. But such an attitude not only did

long-term damage to our society; it reduced FBI

agents to the pawns of an autocratic director. We

citizens could never question an agent, because an

agent could never question J. Edgar Hoover's

orders. The agents were systematically humiliated,

regimented, and forced to do dirty work.

As Dostoievsky described the process in "The

Possessed," nothing strengthened the conspiracy

like the implication of all its members in interre-

lated crimes. Then no one can "squeal" because. all

are vulnerable. That was the power the FBI had

over its own.

It is time - long past time - to break that

power. There is no question, now, that FBI agents

broke the law. So: how do we prove that the FBI is

not organizationally committed to law-breaking ex-

cept by prosecution of actual law-breakers? The

effect will be to liberate future agents, no matier

how much presently implicated agents protest the

unfairness of punishing them. After all, they were

just following orders, like Richmann?

trial in this matter. Will the government establish

(indicate page, name of

and practice that its own agencies are not above

newspaper, city and state.)

the laws they are sworn to execute? After all, if

John Mitchell, a forner head of the Justice

Department, can stand trial, then why not a hired

burglar for the FBI?

As I say, one result of this will be the libera-

-. PAGE 5

tion of future government employes from the pre-

YOL'RE SURROUNDED BY ARMY,

— COMMERCIAL APPEAL

NAVY, AIRFORCE, AND MARINES!

YOU FBI AGENTS GOME

MENPHIS, TENN

OUT WIN YOURMANDS

WIPE

Date: 6-30-76

Edition:

Author: GARRY WILLS

Editor: MICHAEL GREIIL

Title:

FERRINDION

Duran 9-1016

sumption that any criminal demand can be made Character:

upon them. A useful service in this area is being

prepared by the Project on Official Illegalities, Classification:

66-2150

under the direction of Ralph Stavins. The project

is doing legal research for a mailing to all em- Submitling Office: BICHPHIS

ployes of national security agencies. This mailing

will remind American citizens of their Fight to re-

_ Being Investigated

sist official demands that they break the law, and

it will outline procedures for legal protest and self--

66-2N7

protection.

No American cilizen should be exposed, ever?

tick

again, to the brow-beating tactics of a master:

criminal like J. Edgar Hoover, or plead such in-

timidation in crimes committed against his fellow

citizens. We did not listen to this excuse when it

was voiced by a Goesing. We certainly should not,

admit the same plea into our domestic custod

---

## Page 9

FD-350 (Rev. 1-16-63)

(Mount Clipping in Space Boloss)

The FBI Had A Job

To Do And Did It

THE SENATE Intelligence

Committee - the so-called Church

Committee - is still sticking pins

in the FBl.

The committee is issuing a series

of 13 reports critical of the FBI.

Sen. Frank Church (D-Ida.) says

that the FBI sought for 15 years to

discredit and disarm groups and

ideologies ranging from Commu-

nists to neo-Nazis, from black hate

groups to the Ku Klux Klan.

The committee contends that the

FBI's countermeasures may have

been illegal.

THE COMMITTEE convenient-

ly forgets it was Congress that

delegated to the FBI the entire

responsibility for our nation's in-

ternal security.

It was the FBI's duly assigned

mission to protect our established •

order against the wreckers.

The Federal Bureau of Investi-

gation and its longtime director s.

Edgar Hoover are victims of "dis-

crimination." Its accusers are for-

getting what our nation's potential

enemies were up to during the

years we are now second-guess-

ing

The so-called Black Liberation

Army was conducting guerrilla

warfare training near Atlanta,

Ga.

From inside a California state

prison, Huey Newton was directing

Black Panther preparation for

armed revolution. In 1970 the Pan-

Paul

Harvey

thers were fomenting terrorism in

cities, on campuses.

With the avowed enemies of our

nation employing more lethal

weapons and kidnaping prominent

persons, what should the one

agency responsible for our nation's

internal security do? That's what it

did.

We still didn't do enough.

- Between 1971 and 1974 some 6,900

weapons were stolen from United

States military bases at home and

abroad. That's enough to equip for

combat 10 combat battalions.

So the terrorists - in three

months of 1970 and 1971 - dyn-

amited three campus buildings at

the University of Oregon, pipe

bombed a GE building in Nev

York, time-bombed a recruiting

office in College Park,

bombed a court building in tH

Monte, Calif., a civic building in

Los Angeles

and two recruiting

stations in New York.

They bombed and killed in the

federal Building in Los Angeles

and in Bristow, Okla. They bombed

(Indicate page, name of

newspaper, city and state.)

_ PAGE 15

_ NASIIVILLE BANNER

- NASTIVILLE, TORNA

Date:

Edition:

6/17/76

Author:

Editor: KENNETH E. MORNEI

Title:

Character:

Classillcation: 66-2150

Submitting Office: DIEMPIIIS

I Being Investigated

SEARCHED.

JERIALIZED.

INDEXED

iLED Sn

joi: = 1976

55240

DocId: 32989817

Page 9

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## Page 10

0-*.8=

an Army induction center in Oak-

1, are soes in for ye, tian

ALL THIS OVERT attack on our

nation's established order oc-

curred in a period of three months

and, incidentally, since then, while

our FBI has been further inhibite

in its countermeasures, terrorist

bombings doubled in 1974, tripled.

in 1975!

NW 55240

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Page 10

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## Page 11

...

-'to

FD-350 (Rev. 7-16-639

(Mount Clipping in Space Below)

Had Reason

FBI Director Clarence M. Kelley

has said privately that his recent,

emotional apology for the bureau's

past abuses of power was made in

hopes. that it might well prevent or

at least some at triat he pistien

directed at the FBI by Congress.

SEARCHED.

-aRIALIZED

_ INDEXED.

- FILEDEnl

JUN 1 ÷ 1976

FBI - MEMPHIS

NW NW DocId: DocId:32989817

Page 11

Indicate page, name c

ewspaper, cily and state

PAGE

COMMERCIAL APPEAL

- MENPITS, TENN

-

Dates JuNE 17,1976

Edilion:

Author:

Editor: MICHAEL GREIIL

Title: SENSTUDY 75

Character:

ог

Classilication: ME 66-2150

Submitting Office: NEMPHIS

Being Investigated

to bureau.

4187 ja

---

## Page 12

= 5D-350 (Rev.7-16-63)

(Mount Clipping in Space Belos:)

A Fresh Star For Nation

Away From Past Abuses

(Indicate page, name of

THE WRIT of the Senate Select Com-

suggested.some two decades ago. But

newspoper, city and state.)

mittee on Intelligence has run out and

however much one might regret that a

its 15-month-long labors ended. The

good idea was passed over then, it is

people of the nation have reason to be

now an accomplished fact.

_ PAGE 8

grateful, whatever their chagrin or

outrage about its revelations.

• The 15-member committee will be

chaired by Sen. Daniel Inouye of

- THE TENNESSEAN

That record has been made clear,

enough: Millions of Americans were

victims of their own institutions and

were spied upon in ways that were

hitherto regarded as the practices of

police states.

The CIA, the FBI and other intelli-

gence agencies have had their methods

exposed, and it hasn't been pretty. The

CIA had lis assassination plots and its

moves against foreign governments.

The FBI had its mail openings, elec-

tronic espionage, and efforts to under

cut civil rights leaders and to infiltrate

political and other organizations.

Hawaii.

The vice chairman is Sen.

Howard Baker of Tennessee. Its first

task will be the drafting of "new

charters" for the CIA and other in-

- NASHVILLE, TEADY

telligence agencies:

The committee will have exclusive

jurisdiction over the CIA, but will share

jurisdiction with other committees in-

sofar as the FBI and other agencies are

concerned.

However, the new committee will

nave power of review and approva.

over the budgets of all the intelligence

oric

fired to

-Bureau 6/3/76

sorr

agencies, including those not entirely

under its control.

6/2/76

It is apparent informants kept a

check on any number of groups, not

only across the political spectrum, but

in other areas such as the media. Since

this newspaper itself was lately in-

volved, the whole range of activities

revealed by the Senate committee hits

home even harder.

Senator Inouye said he expects the

White House to notify the committee in

advance of any major new intelligence

Date:

Edition:

Author:

Editor:

Title:

LLOYD ARMOUR

effort and said he would warn the heads

SENSTUDY 75

of the intelligence agencies that if they

do not cooperate fully with the new

Character:

committee, a successor panel would be

File

formed which he thinks would have

Classificalion:

ME 66-2150

even more far-reaching powers.

Submitting Office: MCMPUIS

There is a new start. The Senate,

after some wrangling, adopted the

chief recommendation

of the Select

Cominillee. That was the formation of a

single watchdog committee with suffi-

cient powers to oversee the intelligence

community and its activities.

in 55245onif that. Bassissa, was firsta

The committee already has formid-

Being Investigated

able powers, and it can exercise those

¡SEARCHED

INDEXED

in such a way that any intelligence

VENINLIZED.

_ FILED =

agency could be called to account for its

acions. It should have every dalermi-

nation to do so and should demonstrate

by its actions that the consülutional

checks and balances are resiored.

JUN

3 1976

FBI - MEMPHIS/

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## Page 13

FD-350 (Rex. 7-16-63)

(Mount Clipping in Space Below)

'O Say Can You See.

CIA

(Indicate page, name of

newspaper, city and state.!

— PAGE &

MEMPHIS PRESS

SCIMITAR

- MEMPHIS, TENN

FBI

IRS

Date: MAy 26,1976

Edition:

Author:

Editor: MILTON BRITTEN

Title:

Character:

Classilscation: 666-2150

Submitling Office: MEMPHIS

7 Being Investigated

SEARCHED.

CINDEXED.

DEKALIZED

_ FILED Tone

MAY & I 1976

FBI - MEMPHIS

66-2150

55240

orig fund to

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## Page 14

FD-350 (kav.

7-16-63)

(Mount Clipping in Space Below)

EVERYTIME I

TAP A PHONE

• 8880

EVERY TIME I

OPEN SOMEONES

MAlL In

EVERY TIME I

BURGLARIZE

AN OFFICE 188

THEY'LL KNOW.

GOOD 60D,

TV BECOME.

A POLICE

STATE

(Indicate page, name of

newspaper, city and state.)

PAGE 6

CONNERCIAL APPEAL

NIEMPHIS, TENN

IMAGINE ...

A SENATE PANEL

MONITORING MY

EVERY MOVE.

Bureau

orig fund to

5/27/7600m

& FBI

Dato May 25,1976

Edition:

Author:

Editor: MICHAEL GREIIL

Title:

Character:

Classification: 666-2150

Submitting Office: PCHiPHIS

Being investigated

SEARCHED

SERIALIZED.

INDEXED.

MAY 2 7 1976

FBI - MEMPHIS

55240

DocId: 32989817

Page

66-215.0

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## Page 15

FD-350 (Fer. 7-1G-63)

(Mount Clipping in Space Below)

(Indicate page, nome of

newspaper, city and state.)

FBl Apology

FBI Director Clarence Kelley

was

Last year Attorney General Edward :

correct - though a bit late - to apolo-

Levi called

such Cointelpro activities

gize to the nation for the bureau's

"outrageous." Kelley, however, attempt-

abuses of power and lawless tactics.

ed to defend them. Now he is acknowl-

• In a

carefully

written

weekend

edging that the FBI is not above the law,

speech, Kelley said the FBI was "truly

and this is helpful.

sorry" for its misdeeds and for the first

As welcome as Kelley's conversion iS,

time put the blame squarely on the late

something more is needed. A secure

J. Edgar Hoover.

democracy is based not on transient men

Kelley was referring to-the FBI coun-

terintelligence programs

but on laws. Congress has the impera-

(Cointelpro)

tive duty of passing laws that define just

which from 1956 to 1971 tried to disrupt

militant political

groups

such as the tre cannot do.

what the FBI and other intelligence can

Communist Party, the Ku Klux Klan and

the Black Panthers.

At the same time Congress must over-

In its recent report the Senate Intelli-

• come its inertia and set up a single

gence Committee criticized Cointelpro

powerful intelligence committee. What

for making up derogatory information

is demanded is one strong enough to see

against its "targèts"

and sending it to

that the agencies respect their charters

and discreet enough to keep secrets

their families and employers.

The committee cited several cases

when national security is truly involved.

where FBI misinformation ied to vio-

The time to act is now, when Hoover's

lence between radical groups and even.

campaign against King and the CIA's

some killings. It also accused the FBI of

asinine assassination plots are fresh in

smearing the late civil rights leader

the public mind. To delay will mean no

Martin Luther King Jr., Lging him to

reform and - inevitably - new abuses

commit suicide and blackening his repu-

of power when the present furor is

tation even after his assassination.

forgorten.

toi

- PAGE 4

MEMPHIS PRESS

SCIMITAR

MIM PHIS, TENN

Date: May 11,1976

Edition:

Author:

Editor: MILTON BRITTEN

Title:

ORig

BUREAU

fud

5114176807

6-21507

Character:

or..

Classification: 66-2150

Submitting Office: MEMPHIS

Tudy

.? 1: 1376.

ser

NW 55240 DocId: 32989817 Page 15

---

## Page 16

(Mount Clipping in Spaco Below)

%

FBI Oversight Panell

Has Kelley Welcome

By ALAN BERNSTEIN

FBI director Clarence Kelley,

who has lent some candor to the

intelligence agency's dealings

since his 1973 appointment, contin-

ued his reiatively open stance

while in Nashville Monday. for a

television show taping.

Citing his approval during con-

firmation hearings of a legislative

committee on the intelligence

community, selley said he wel

comes the idea of an FBI oversight

committee in the House or Sen-

ate.

"We're willing to work with

them,

" he said after his arrival

Monday morning.

But Kelley, who was chief Ten-

nessee BL agent in the early 19o0s,

nad little to say on other FBI

issues.

He saidhe couldn't talk about the

-specifies of his "apology" last

weekend because past FBI activi-

ties are the subject of ongoing

court action. Kelley,

following a

Senate report on' FBl illegal do-

mestic breakins, told the public he

was sorry for the damage those

acts may have done.

Kelley also declined comment on

the recent firing of a Tennessean

copy editor

copy edit, as Jad a week

because of alleged FBI connec-

•tions.

The former Kansas City police

chief did expound on his opinions of

marijuana law enforcement.

He said police forces should

prosecute sale of marijuana when

they can, but they should concen-

trate on prosecuting actions that

might be more productive toward

the deterrence of crime.

"I

don't lavor decriminaliza

ion." he said

"There are laws

against use andit's just not socially

acceptable."

fud to

ORig

5/14/16g0sm

BUREAU

tudy

ser sile

NW 55240

DocId: 32989817

Page 16

(Indicate page, namo of

nowapup01. cltyatdstate.

PAGE 9

NASHVILLE BANNE:

NASHVILLE, TENN

Detai 5/11/76

Edition:

AuthorILAN BeRNSTEI

Editor: CHARLES L. OVERE

Title:

Charactar:

Classification:

66-215.0

Submitting Offico:

MEMPHIS

(Being Investigated

111. 1070.

---

## Page 17

FD-350 (Rev, 7-16-63)

(Mount Clipping in Space Below)

Kelley's Apology

ALTHOUGH THE APOLOGY by FBI

ineffective. Out of the hundreds whose

Director Clarence Kelley for past mis-

rights were violated, very few were ever

deeds by the agercy is somewhat tardy, it

found to have committed a crime.

should be taken a a positive indication of

The most recent disclosures by Sen-

* a less arrogant sititade.

ate investigators of the FBI point up the

Arrogance was a part of the problem

foolishness of most of it. Through one tap,

, which led to misuses of power by the bu-

for instance, the FBI learned the wife of

rcau in its domestic intelligence activities,

their "target" had ordered meat from the

maindy. under the direction of the late J.

market and that his daughter had a

Edgar Hoover.

"We are truly sorry we were respon-

sitle for instance: which are now subject

to such criticism," Rolley said in a lecture

at Westminster College in Fulton, Mo.

"We need to make it clearly undertood

that we recognize errors and have icarned

There is a move now to create an

oversight committee in Congress. We sup

port the move in principal but with some

reservation about the possibility it will be

o antagonistic to the intelligence agen

ies that it will render them ineffective

His statement tal also be taken as a As the Fßl must be held accountable,

rcalization on his part that the nation and

so must those who would oversee it.

the Congress generally are not sympathet-

Whether the sieve that is Congress can

ic to the hard-line pisture.

function as overseer without unduly ham-

Hoover created, largely through the

pering the investigatory process is the

force of his own personality, an FBI

problem.

image for efficiency and integrity. We

have learned, inwever. that the facade

THE DANGER IS THAT the FBI's

was not without mars •

critics will fall victim to the same sort of

With overzealous purpose, and with a

wink

from

presidents

paranoic suspicion which got the bureau

and

attorneys

into its present difficulty. There is sense

general, the FBI many times operated out-

to something else Kelley said

in his 1

side the law to the acriment of the very

speech of apology.

citizens it was chatted with protecting.

"I say it is time for the FBI's critics

Those whe should have been watch-

to concentrate on the FBI present and the

dogs served insiend ar defenders of the

FBI future," he said. "Yes, there have

bureau. Had the illega: wiretaps and bur-

been errors, but I say it is time to permit

glaries been effective, it is conceivable

the FBI and all peace-keeping agencies to

there could te a bunding of the philosoph-

get.on with their mission of trying to as-

ical aversion to the idea that the ends

sure the continuance of orderly, consti-

justifv.tha means. The best evidence,

tuted

government with peace and tran-.

however, is that the illegal activities were

quility for the American people ins

55240

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ORig

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BUREAu

DocId: 32989817

Page 17

(Indicate page, name of

newspaper, city and siate.)

PAGE 6

COMMERCIAL APPEAL

MEMPHIS, TENN

Date: May ", 1976

Edition:

Author:

Editor: MICHAEL GREI

Title:

SENSTUDY 75

Character:

o ME 66-2150

Classification:

Submitting Office: MCMPHIS

- Being Investigatea

CRAPENED-

MANNERO.

_ FIEDLEA

Li 1• 1976

---

## Page 18

FD-35. (sier, 7-16-63)

(Mount Clipping in Space Below)

ORig

BUREAU

NW 55240

FBt's Chief

Apologizes

For Abuses

Clarence Kees Saturday ised his cist

public apology for past FEI misdeeds

such as the campaign to harass and dis-

rupt militant political groups and discred-

it their leaders.

"We are traly sorry we were responsi-

ble for instances which now are subject to

such criticism," Kelley suid.

"Fe need to

make it clearly understood that we recog

nize errors and have learned from them.'

He spoke in a lecture series at West-

minster College, and most of the 250 to

300 in the audience were on campus for

alumni weekend festivities.

•The FBI director followed carefully his

prepared manuscript but at the end made

a plea that unligence be tempered by rea-

son, vigilance by understanding. In this

way, he said, the country can fully realize

the power of a free people.

The speech was a striking departure

from the tone and content of Kelley's

previous public statements abeut FBI mis-

deeds and the congressional investigations

of the agency.

5/13/76 ton

DocId: 32989817

Kelley for the first time ackmowledged

that FBI officials had abused their yower

and he subtly criticized his legendary pre-

decessor, the late J. Edgar Hoover, for

allowing the abuses.

The speech came as the Senate Intelli-

gence Committee continued issuing re-

ports detailing the extent of improper FBI

conduct, primarily in the methods of gath-

ering intelligence about domestic political

organizations.

The report said FBI domestic intelli-

gence abuses were born 49 years ago in

the grim day's of the Great Depression,

• continued through World War II and the

Cold War joars and hit a peak during the

civil disturbances of the past decade.

Noting that the abuses occurred before

he took cifice in 1973, Kelly said, "Some

of those artivities were clearly wrong and

quite inderensible. We most certainly

must never allon them to be rareated."

He said miny of the misleeds were

"good faita efforts to prevent bloodshed

and wanton destruction of property" dur-

Patyg the gident protests of the 19Ds...

(Indicate page, name of

newspaper, city and state.)

PAGE 1

COMERCIAL APPEAI

NEMPITS, TENN

Dare: May 9,1976

Edition:

Author:

Editor: MICHAEL GREIL

Title:

SENSTUDY 75

Character:

o ME 66-2150

Classilication:

Submitting Office: HEMPHIS

Being Investigated

11330

L: 1: 1970

---

## Page 19

..

47o t sunder t0-7h

building was premeditated on the part of

Mr. Hoover. But if that were true, then he

was enthusiastically abetted by the news

maria, emirase by a ety to pusic and

"With such enormous public esteen ans

prestine, "of course,

come power and

said, She so the fuse solve crimes, he

said, but

occurred... chiefly during the twilight

Mr. Hoover's administration

Kelley asserted that the FBI will never

He said he will insist that FBI agents

perform according to both the spirit and

letter of the law.

"I say it is time for the FBI's critics to

concentrate on the FBI present and the

•BI future. Yes, there have been errors

but I say it is time to permit the FBI and

NW 55240 DocId: 32989817

Page 19

---

## Page 20

FD-JSD (ROV, 7-16-83)

(Hount Clipping in Space Below)

FBI Chief Mum

On Ex-Staffer's

Links With FBI

By MARSHA VANDE EEKG

F'RI Director Clarence Kelley declined yesterday to

answer questions in connection with the recent dismissal

of a Tennessean staff member because it is "now a subject

of investigation in Congress."

Following a four-hour video-taping session at WTVF.

TV here, Kelley was asked whether he considered it

proper for the FBI to question a newspaper staff member

about activities at the newspaper and other staff

• members.

"I AM unable to give any response because that is now a

subject of investigation in Congress. I think it best if I hold

true to that statement.".

Mrs. Jacque Srouji, a Tennessean copy editor was

separated froin the newspaper last week because of

communications she had with the FBI involving at least

two of her fellow. staffers.

It has been reported that the staff of a congressional

subcommittee was told by an'FBI agent that Mrs. Srouji

had a "special relationship" with the bureau.

ATTEMPTS to reach Mrs. Srouji yesterday were un-

successful.

Kelley was in Nashville to tape a 30-minute television

program on "crime resistance." The prograra will be

distributed by the National Exchange Club.

(t'urn to Page 2, Column 1)

Orig

"fud to

51121769571

BUREAU

(Indicate page, name of

nevispaper, city and statt.)

_ PAGE

_ THE TENNESSEAR

_ NASHVILLE, TENN

5-11-760

Dato:

Edition:

Author:

MAESTH DERE

VHNDE

Editor:

LLOYD ARMOUR

Title:

SENSTUDY 75

Choracter:

• ME 66-2150

Clasuification:

Submitting Office: MEMPILIS

1 Being invesilgated

1*1.1370

11N 1922410

DoeId: 32989817

Page 20

---

## Page 21

Kelley Mum on Former

Staffer's Links to FBI

(Contired From Page One) equipment against Ameri-

Kelley said yesterday he

questions about Mrs.

The FBI director said

can cilizens who were not

favors making icE Bl ac-.Sroujl because She had a

the bureau has a

"credi-

suspected of any criminal

countable to a congressio-

"special relationship"

bility" problem in the

activity.

nal oversight committee. with the bureau.

wake of disclosures by a

A 17-YEAR FBi pro-

He quickly added that he

Oisen met with the sub-

Senate Select. Conmittee

gram, called Cointelpro,

ras in favor of such a

committee staff after Mrs.

on Intelligence about ille-

had targeted civil rights

system when he was con-

Srouji testified she had

gal and improper activi-

leader Dr. Martin Luther

firmed as director by the

seen a "ten of material"

• tles by the FBI.

as well as students

HE SAID the lack of

Kids new left" radicals,

Senale.

prepared by the FBI in an

The FBI director said he

investigation of the death

belief in the agency "is a

and suspected rembers of

hopes an oversigit com-

in a car crash of Karen

result of some things

the Communist party, the

mittee could be

"cen-

Silkwood.

• which bave transpired, in-

Socialist Workers party,

tered" in either the House

cluding criticisin leveled

and the Ku Klux Klan.

or Senate, but that a joint-

MISS SILK WOOD was a

by the news media, edito-

The Senate committee

oversight commitlee

plutonium worker who hau

rials and a general disin-

Intelligence has also de-

would be acceptable.

raised questions about the

tegration"

11

attitudes

termined that the FBI

THE ALLEGED rela-

operation of a Kerr-

about government.

maintained a network of

tionship between Mrs.

McGhee Corn. nucleal

plant near Crescent,

It stems "from Water-

confidential informers in-

Srcuji and the FBl has

gate on through the (Sen-

side major news organiza-

and

beceine the subject of an

Okla.

ate committee hear-

tons.

universities

investigation by the House

Mrs. Srouji investigaled

ings...

Miss Silkwood's death in

charitable toundations.

Small Business Commit-

connection with a book on,

"It needs repairing be-

The bureau used

jour-

tee's subcommitte on en-

cause we are very depen-

malists as sources of infor-

nuclear power. Her re-:

crey and environment.

search was not connected:

• Times

dent on people to get our

mation, the committee re-

The New York

with her work at the Ten-

information and sup:

ported

reported last weekunat the

port."

nessean where she was

ALSO, the committee

FBI disclosure cf the al-

employed as a copy editor

•. KELLEY said he made

said, journalists were in

leged relationshiplas aiso

the first public apology in

many instances simply re-

initiated an FBI investiga-

IBI nisory

for the

cipients of exclusive infor-

tion.

in 1909-70 and again last

bureau's past

misdeeds

mation provided by FBI

FBI Agent Larry Olsen | September.

because "I am truly

agents for use in news

reportedly

told staff

Tennessean officials

sorry.

stories, while in other

members of the House said yesterday that Kelley

He said the bureau is

cases, the journalists sup.

subcommittee that he did not meet with them to

responsible "for

some

plied the t'bt with unpub-

could not answer aay more, discuss the Srouf! case

things which are now the

lished information. c

while he was in Nash-

subject of criticism." Hc

ville.

declined to specity which

actions he considers

wrong:

Disciosures by the Sen-

ate Select Committee have

linked the FBI with the use

of elaborate electronic

WW 55240 DOcId:32989817

Page 21

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## Page 22

..:

22645

.:..

_Staff phota by Gerald Tiully

Clarence Kelley

subject of investigation.

NW 55240 DooId: 32989817

Page 22

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## Page 23

FD-350 (Rov. 7-16-63)

(Mount Clipping ín Space Below)

%.

The Hoover

FBI 'Black Bag'

Assignments

(Indicate page, name of

newspaper, city and state.)

— PAGE 13

EDITORIAL

— THE TENNESSEAN

- NASHVILLE, TENN

WASHINGTON - The FBI,

without technically telling an

untruth, has led the public to

believe its agents took part in

no more than 238 criminal

housebreakings. The actual

figure is well over 1,000 and

may surpass 2,000.

These "black bag" jobs, as

the late FBI chief J. Edgar

Hoover called them, were

employed principally against

suspected spies, organize

crime figures, foreign diplo-

mats and a few dangerous

revolutionaries.

But Hoover also sent his

agents to burglarize the pre-

mises of law-abiding U.S. citi-

zens whom the old FBI cur-

JACK

-ANDERSON

sources that Hoover, although

sworn to uphold the laws

sonally sanctioned more that

1,000 of the break-ins.

Not until 1967 did Hoover

take steps, in a self-serving

memoturned up bythe Senate

probers, to end the break-ins.

Even then, we have learned, it

wasn't his own idea but pres-

sure from then-Attorney-Gen-

eral Ramsey Clark that

brought the change.

The figure of 238 "surrepti-

" as the burgla-

obtained by the Senate Intelli-

ries were politely called, first

gence Committee,

acknowl-

appeared in an FBI memo to

edge that the "black bag" jobs

the Senate committee on Sept.

violated the criminal laws the

23, 1975.

FBi was supposed to enforce.

The memo accurately but

Yet we have learned from FBI

cagily reported that the 238

housebreakings were perpe-

trated against 14 "domestic

subversive targets" during

the 1942-68 period. But a care-

ful reading shows the bureau

left a hedge. Almost in pass-

ing, the memo indicates the

figure is "incomplete," based

as much on the memory of

agents as on actual data. In-

deed, Hoover purposely des-

troyed many of the records

Date:

dealing with the break-ins,

Edition:

5/10/16

presumably to eliminate doc-

Author:

umentary evidence of the FBI

crimes.

Editor: LLOYD ARMOUR

From our internal sources,

Title:

however, we have ascertained

SENSTUDY 75

that some top FBI officials

believe the 1,000-to-2,000 fig-

ure is

a "conservative esti-

' Character:

mate"

of the total house-

breakings. These include not Classification:

only burglaries to get infor-

Submitting Office: MEMPIIIS

mation but break-ins to install

bugging devices.

_ Being Investigated

One source said the house-

breakings go back far beyond

66-2150

SEARCHED...

SERIALIZED

INDEXED

..FILED..

MAY 1 2/976

•vi.

TV 55040-D0e1d+32989612 Page: 23

---

## Page 24

1942 and never terminated

completely in 1968. Under FBI

chief Clarence Kelley, howev-

er, the bureau has

scrupu-

lously followed legal proce-

dures.

The

Senate Intelligence

Committee, meanwhile, has

pushed the FBI hard for more

complete break-in figures.

The committee will release a

report shortly showing the

confirmed housebreakings to-

taled slightly less than 1,000.

Our higher figures, however

came from indisputable FBi

sources.

In detense of the past prac-

tice of breaking and entering,

the FBI said this technique

was used only "to obtain se-

cret and closely guarded or-

lieve in law and order had

better demand that it begin

with the government. A

lawless government is far

more dangerous than any

lawless individual. Yet in

spite of the clear evidence that

the FBI, CIA and other agen-

cies engaged in illegal acts,

the Senate Rules Committee

led by Chairman Howard

Cannon, D-Nev., voted

against strong oversight of

these agencies.

CHAUFEUR'S com-

plaint: The former secre-

tary of Rep. Phillip Burton,

D-Calif

Do Cerit House leadership,

has accused him of requiring

her to chauffeur him around

at all hours until it broke her

also claims she had to pas

nore than $15,000 from hei

TW 55240 DocId:32989817 Page 24

cession of cars since 1967 to

keep up with Burton's 12-hour

days.

In a confidential claim sub-

mitted to the Labor Depart-

ment for disability payments,

the former secretary charges

that she was pressed into ser-

vice as a chauffeur not only

for the congressman but for

his wife, a movie star, union

friends and other colleagues.

She ferried Mrs. Burton to

the market, to clothing stores

and to parties, the filed papers

allege. On one occasion, Mrs.

Coleman picked up a Burton

aide at Dulles Airport, she

said, but later discovered he

had submitted a voucher for

the trip and had chiseled $20

FRAN

garet smoke in her car was so

thick, it precipitated an asth-

ma attack. A statement from

her doctor adds that she was

so affected by the smoke; she

had to be hospitalized.

Her husband, in another

signed statement, said she be-

came "a slave to her office,"

leading to two separations be-

fore she was fired by Burton

earlier this year.

Responding to the Labor

Department's request for

comment, Burton said Mrs.

Coleman's illness had made

her irritable, nervous and ab-

sent from work about two

months a year since 1974. HE

conceded to us that she had

driven him a great deal but

said he had reimbursed her

---

## Page 25

15-2S0 1R0V. 7-16-631

(tount Clipping in Spaco Belew)

%..

FBI Chief

Voices

FULTON, MO. (AP) - ГВІ

Director Clarence M.

Kelley

issued yesterday his firet pia-

ic apology for pest FBi mis-

deeds such as the campaign to

harass and disrupt miltant

political groups and discredit

their leaders.

"We are truly sorry we were

responsible for instances

which now are subject to such

criticism," Kclley said. "We

need to make it clearly under-

stood that we recognize errors

and have learned irom

them."

HIS REMARKS were in a

speech prepared for a lecture

series sponsored by the John

• Findley Green Foundation at

Westminster College. The

speech was a striking depar-

• lure from the tone and content

a Kelley's previous public

statements about FBi mis-

deeds and the congressional

investigations of the agency.

Kelley for the first time ack-

nowledged that FBI officials

had abused trote power and he

subtly criticized his predeces-

sor, the late s. Lugar Hoover,

sor allowing the abuses.

The director's decision to

make such statements pro-

woked internal debate as some

FBI officials lined up in favor

of it and othors expressed d-

nosilica. arous sources said

in Washugion.

55240 DocId: 32989817

Page

25

*WILL THERE BE people

here upset with the speech?

Oh, sit. suithere were others

upset because he haun't said il

one source acknow-

ledged.

7B2 olficial observed:

body's ever seid that over here

Dufore."

The speech care as the Sen-

éte Intelligence Committee

continued assting recorts de

calling the extent re improper

si conduct, primarity in the

methods of gathering intelli-

gence about demestic political

organizations.

NOTING THAT the abuses

occurred echore lie took office

I 1973, Kelley said, "Some of

those activities were clearly

wieng and quite indefensible.

We most certainly must never

• 2ll0r: them to be repeated."

His said tuany of the mis-

deeds were "Euod faith efforts

to prevent biccoster and wan-

ion arouction of property",

during the vioient protests of

the 1950s.

"Nevertheless," he admit-

ted, "there were wrongful uses

of power: The mistakes must

bo acknowledged if they are to

(turn to Paged, Esluran 2)

food to

ORig

5112/16801

BUREAN

(Indicate page, namo of

newspopor,.clty and stote.)

PAGE

/

THE TENNESSEAN

_ NASHVILLE, TENN

5-9-76

Date:

Edition:

Author:

Editor:

Title:

LLOYD ARHOUR

SENSTUDY 75

Charactor:

os ME 66-2150

Classicalion:

Submiiting Office: NEMPHIS

_ Being Investigated

750102.

DATED.

1:!: 1376.

---

## Page 26

NW 55240 DocId: 32989817

Clarence M. Kelley

j, Edgar Hoover

"Abuses ….. have occurred"

Prestige, power noted

Kelley 'Sorry'

For Misdeeds

In FBl's Past

(Continued From Page One)

during the twilight of Mr.

be avoided in the future."

Hoover's administra-

tion."

He did not list the activi-

ties he considers wrong.

Kelley asserted that the

FBI will never again have

JUSTICE Department

such power, nor will its

guidelines and congressio-

director. He said he be-

nal watchfulness

"will

lieves no FBI director

substantially

assure the

should serve longer than 10

propriety of the FBI's

years and none

"should

operations now and in the

abide incursions upon the

future," he added.

liberties of the people."

Under Hoover's leader-

He said he will insist that

• ship, Kelley said, the FBI FBI agents perform ac-

occupied •

tion that permitted im cording both to the spirit

and to the letter of the

proper activity without law.

continued, "It has

been suggested that this

crucism,

image-building was pre-

will avail the FBI, or the

meditated on the part of

people we serve, nothing if

• Mr. Hoover. But it that

we lash back at our crit-

ics.

were true, then he was

enthusiastically

abetted

But he continued, "I say

by the news media, will-

it is time for the FBI's

ingly indulged by

Con-

critics to concentrate on

gress and warmly em-

the FBI present and the

braced by a grateful FBl future. Las, there

have been errors, but i say

"With such enormous

it is tirne to permit the F'Bl

public esteem and pres-

and all peacekeeping

tige, of course, come

agencies to get on with

power and influence.

their mission of trying to

assure the continuance of

THIS HELPED the FBI

to solve crimes, he said,

orderly, constituted gov;

ernment with peace and

page"sene abuses of that

tranquility for the Ameri-

..:.ґ1.

---

## Page 27

FD-350 (ROV.7-16-63)

(Mount Clipping in Space Below)

FBI Spies Held

Law Violators

By JOHN M. CREWDSON

The New York Times News Service

Major findings by the

committee

included

WASHINGTON - Do- these:

mestic intelligence. agen-

• A lack or precise stan-

cies, principally the Fed- dards for the conduct of

Bureau

o intelligence investigations

Investigation, consciously has led the FBI over the

and repeatedly violated last 20 years to conduct

the laws and the Constitu- nearly one million inves

tion in investigating the tigations of "subversive"

political activities of or

"extremist" matters,

hundreds of thousands of half of which resulted in

American citizens, many the creation of a perma-+

of them law-abiding,

the

nent FBI file, although no,

Senate Select Committee

prosecutions have been

on Intelligence said yes-

prought since 1957 under

terday.

the subversion statutes.

IN A SHARPLY worded

? The "overly broad"

report summarizing its 15-

objectives of the domestic

month-long

examination

intelligence community

of government spying in-

lave been achieved

side this country, the com-

through such

"intrusive

•mittee rebuked

the FBI

techniques" as mail open-

and other agencies for in-

ing, burglary, sophisticat-

vestigating far too many

ed electronic surveillance

people, often for the wrong

and the use of informants,

reasons or none at all, for

and that legal limitations

employing as a matter of

on their use have been

course illegal or question-

nonexistent,

inadequate

able techniques, and for

or, where they did exist,

having acted largely with-

ignored by law-enforce-

out the scrutiny or knowl-

ment officials.

edge of presidents and at-

• Covert-action pro-

torneys generals.

grams; like the FBI's

senstudly,

Cointelpro, have inter-

THE COMMITTEE,

fered with constitutional

Zil

which has now completed

'freedoms of political asso-

what it termed the first

ciation, disrupted groups

systematic

investigation

that were

"concededly

of federal law-enforce-

I nonviolent," risked or

ment agencies in history,

caused "serious emotion-

said it had uncovered a

al, economic or physical

pattern of illegal and abu-

damage".

to those who

sive acts stretching back

were unwitting targets of

over six presidential ad-

the bureau and, as em-

ministrations and four de-

ployed against the late,

cades that was neither

Rev. Dr. Martin Luther

partisan nor the product of

King Jr., violated both

a "a few willful men,

"but

"the law and fúndamental

an inevitable result of the

human decency."

"excessive" growth of ex-

• Presidents since

scutive power unchecked

Franklin D. Roosevelt,

Congress.

their aldes and ine

bureau's

cong ossional

55240 DocId: 32989817 Page 27

(Indicate page, name of

newspaper, city and state.)

— PAGE 7

— THE TENNESSEAN

_ NASHVILLE, TENT

Date:

4/29/76

Edition:

Author: JOHN M. CREWDSON

Editor:

Title:

LLOYD ARMOUR

SEARCHE

SERIALIED.

Character:

Classication: 6610-2150

Submitting Office:

MEMPIIS

→ Being investigate

DEXEI

_ FILED-

•i 1" 1976

FBI - MEMPHIS

---

## Page 28

supporters have either re- covered a wide range of "collect any information

• quested or unhesitatingly

accepted from the FBI po-

checks and controls, in- about the activities of

litically useful informa-

cluding:

Americans except for the

,tion about opponents and

• The ruling that "there parases of enforcing the

critics, much of it gath-

is no inherent constitution-

ered through a network of

al authority for the presi-

improper or illegal elec-

any intelligence

tronic surveillances that

agency to violate the

dates back to the 1940s.

• The product of intelli-

• Creation of a new per

gence investigations has

manent Senate intelli

been improperly disse-

gence' oversight commit-

minated by the FBI and

other agencies, both with-

inforce men preers. Con-

in government and to

gressional support for this

proposal is waning and the

sources" who were offered

Senate Rules committee

recordings of King's sex-

approved creation of a

ual activities and sensitive

weak panel that would

or derogatory information

share oversight activities

on others the bureau

with committees that have

wished to discredit, and

traditionally had that

who in some cases provid-

ed the bureau with infor-

• Legal prohibition

mation or helped suppress

unflattering articles about

rmy intelligence enga

ng in any domestic intelli-

, the F recommendations, gence operations involy-

Forbidding the IRS to

NW 55240 DodId: 329698-17

-Page 28

---

## Page 29

_UPl Telephoto

Committee Work Over

WASHINGTON - Sen, Walter F. Mondale, D-Minn, left, and Son. Howard

Baker Jr. look at a 396-page report drawn up by the Senate Intelligence Commit-

NW 55240

DocId: 32989817

Fage

29

---

## Page 30

FD-350 (Rev. 7-16-63)

(Mount Clipping in Space Below)

On Domestic Spying

fif ildate page, nome of

There is little in the final report by tive activities of the IRS and Army

newspaper, city and state.)

the Senate Intelligence Committee on

domestic spying that the public hasn't

Intelligence, together with bans on wire-

known or suspected for some time.

taps, mail openings and unauthorized

~ However, the facts are nonetheless

entries by the CIA. All domestic intelli-

— PAGE 4

deeply disturbing and certainly warrant

gence work would be vested in the FBI.

repetition for purposes of emphasis.

But perhaps the most important

Needless to say,

the decades-long

proposal is for a powerful, permanent

campaign of illegal surveillance of

congressional committee to oversee

_ MEMPHIS PRESS

SCIMITAR

Americans in which top governmental

intelligence activities and to have legis-

officials were involved since the days of

lative and budgetary power over the CIA

President Franklin D. Roosevelt must

and all other intelligence agencies.

MEMPHIS, TENN

cease.

According to the report, the FBI, CIA,

Almost befere the ink was dry on the

Internal Revenue Service (IRS), Army

report, the Senate Rules Committee

Intelligence and other agencies created

brushed aside this recommendation. The

files on more than half a million U.S.

net result of its action would be to leave

citizens, opened nearly 250,000 pieces of

control over the various intelligence

first-class mail, monitored millions of

agencies in the hands of those congres-

telegrams and overseas phone calls, list-

sional committees which now hold it so

ed 26,000 citizens for detention in a na-

jealously - and which manifestly have

tional emergency and subjected many

been lax in exercising control up to now.

private citizens to secret harassment de-

It remains to be seen what will hap-

signed to disrupt their lives or destroy

pen when the subject comes up for

their reputations.

debate in the Senate within a week or

The committee's work on the domes-

two.

tic espionage activities, like that of

Citizens concerned about the evils of

international

spying operations, was

untrammeled surveillance in the past

thorough and its recommendations are

must hope that the intelligence commit-

to the point.

tee's recommendations for a single

It urgas sharply restricting. investiga

permanent oversight group will get posi-

Date:

MAy 1,1976

Edition:

Author:

Editor: MILTON BRITTEN

Title:

five action in the end.

• ' ar

ORig

BUREAU

fud. to

5-4-76Rom

Character:

Classification: 6l-2/50..

Submitting Office: MEMPHIS

PHEN KXCELAALEED

JERIALIZED

_ MILED

DAY 4 1976

FBI - MEMPHIS

NW

55240 DocId: 32969817 Page 30

---

## Page 31

§D-350 (RBV, 7-16-63)

(Mount Clipping in Space Below)

Derogalory

FBI Media

Plants Told

WASHINGTON (UPI)

- The FBI often planted

derogatory news stories -

"The responsibility lies

anonymously or

through

primarily with the press

"friendly"

reporters -

itself as to whether the

about people or groups it

press is going to be used it

opposed, the Senate Intel-

this manner,

" said Sens.

ligence Committee report-

Walter Huddleston,

ed yesterdav.

attemped to

influence public opinion by

IN THE CASE of King, it

supplying information or

said, the FBI in March,

articles to 'confidential

"granted authority

sources' in the news media

for furnishing to a 'cooper-

" the report said.

ative national news media

source' an article 'de-

"TYPICALLY, a local

signed to curtail success of

FBi agent would provide

Martin Luther King's fund

information to a 'friendly

raising' for the poor peo-

news source' on the condi-

ple's march on Washing-

tion 'that the bureau's in. con D.C. by asserting that.

terest in these matters is to

... King doesn't need the

be kept in

the strictest

confidence.' "

Among various other

It said the targets in-

FBI media efforts, the re-

cluded the late Dr. Martin

sort also said the bureau

Luther King Jr., the civil

ordered "field offices

rights movement in gener-

father information which

al and Vietnam war oppo-

would disprove allegations

by the liberal press, the

Committee members

bleeding nearts,

expressed concern over

forces on the Left' that the

such media manipulation

by intelligence agencies,

Chice agaolice demonste

but said shey could do little

tors at the 1968 Democrat-

to prevent it. .

¡ic Convention."

fad to

OR.g

5-3-762071.

Bureau

(Indicate page, tame of

newspaper, city and state.)

— PAGE 7

- THE TENNESSEAN

_ NASHVILLE, TENN

Date:

Edition:

Author:

Editor:

Title:

4/29/76

LLOYD ARHOUR

Character:

OI

20K280

Classification:

Submitting Office: WenillS

Being Investigated a

NW

55240 DocId: 32989817

Page 31

---

## Page 32

FD-350 (Rex. 7-16-63)

(Mount Clipping in Space Below)

"FBI's Image Problem

ONE OF THE BIG problems in fight-

Kelley is aware of the pitfalls there.

ing crime today is that the FBI, once the

He agrees that the FBI was "oversold" in

paragon of integrity in law enforcement,

has lost mush of its credibility.

The disclosure of scores of burglaries

of Socialist Workers Party offices by FBI

agents back in the early 1960s contradicts

ype of activity - knocking on doors

Justice Department statements denying

going through the investigative process

such activity. Coming arid so many other

The aura was aided, to a great extent, by

• revelations of cotrange and sometimes

the movies and tie press."

unethical conduct in FBl operations of the

"he "guilty" pleas to that will b

past, this is one more raveling of a once-

nany. The here worship in himself whic

• proud past.

Hoover encouraged, and the cover. he

But once again it underlines the great

built for FBI excesses and imperfections

task of rebuilding the Federal Bureau of

all succeeded because so many image

Investigation's image. No one is more

makers were willing to be led.- or mis-

acutely aware of this need than Clarence

Kelley, the candid former Kansas City po-

lice chief who is now director of the na-

SOMETHING HAS BEEN learned. •

tion's foremost investigative agency.

Congress,

the

executive branch and the public know

KELLEY, WE ARE glad to note,

what to avoid and what recourse to take to

wastes no time making apologies for the

• keep the FBI both honest and efficient.

embarrassing, improper and illegal activi-

We need the bureau. It is the model

ties which have surfaced since the empire

for all police agencies in America. It is :

of J. Edger Hoover Cracked with his death

the ultimate in law-enforcement training.

in May, 1972.

It sets the tone and character that filter

Kelley does spend a lot of time trying

down through local police and sheriff

to convince the public that none of those

departments.

abuses has been swept under the rug. And

That is why it is particularly imper-

he keeps repeating that the present FBI is

tant for the FBI to clean its house, to re

being run strictly according to what is

store confidence, to rekindle respect fer

legal and what is right.

While the director rightly says that

At the same time, respect for the cor-

performance is the best way to restore

stitutional rights of private citizens will

public confidence, he admits he spends

be a determining factor in how fast the

much time being "a salesman for the

FBI travels back up the road. j

FBI."

Orig., ford to

credibility.

3-30-76 com

BUREAU

55240

DocId: 32989817

Page 32

(Indicate page, name of

newspaper, elty and state.)

_ PAGE 6

— CONMERCIAI APPEAL

— MEMPHIS, TENN

Dates MARCh 30, 1976

Edition:

Author:

Editor: MICHAEL GREIIL

Title:

Character:

Classification:

Submitting Office:

TIDEXED.

SERIALIZED..

— FILED me

MAR 3 (• 1976

FBI - MEMPHIS

---

## Page 33

NRO46 WA PLAIN

7:17PM NITEL 2-26-76 VLN

TO ALL SAC'S

FROM DIRECTOR

DIRECTOR'S APPEARANCE BEFORE HOUSE SUBCOMMITTE ON APPROPRIATIONS

FISCAL YEAR 19776'

THIS MORNING I APPEARED BEFORE THE HOUSE SUBCOMMITTEE

ON APPROPRIATIONS IN CONNECIION WITH THE FBI'S FISCAL

• YEAR 1977 BUDGET REQUEST. AS YOU HAVE BEEN ADVISED, THIS

REQUEST INCLUDED SEVERE CUTS FOR TRAINING OF SIATE AND LOCAL

LAW ENFORCEMENI OFFICERS AND ADMINISTRATIVELY UNCONTROLLABLE

OVERTIME CAUO>. NEITHER OF THESE CUTS WAS INITIATED BY THE

FBI; HOWEVER, THEY WERE ADMINISTRATION POLICY DECISIONS AND

OUR 1977 BUDGET JUSTIFICATION SHOWED THEM AS SUCH IN SUPPORT

OF THE PRESIDENT'S BUDGET.

DURING THE MORE THAN THREE HOURS OF HEARINGS, THE

GENCRAL TEROR OF THE COMMITTEE MEMBERS

WAS THAT THESE CUTS

ARE UNCONSCIONABLE ESPECIALLY IN

THE FACE OF RISING CRIME.

de

66-215Emr

NW 55240 DocId:32989817 Page 33

wants

comes

pole

SAC&

---

## Page 34

W-+75779TI

- 100=1

1..

PAGE TWO

VIRTUALLY, EVERY MEMBER OF THE COMMITTEE HAD QUESTIONS

REGARDING THE CUT IN AUO AND HOW IT WOULD AFFECT THE WORKLOAD

MORALE AND INDIVIDUALS' INCOME. I RESPONDED CONCERMING THE

HEAVY WORKLOAD AND NOTED THAI THE IMPACT ON OUR SPECIAL

AGENIS' MORALE WOULD BE NOST DETRIMENTAL. ONE MEMBER STATED

HE WOULD DEFINITELY NOT SUPPORT A BUDGET SHOWING CUIS OF

SUCH MAGNITUDE.

AS I HAVE STATED BEFORE, THIS ENTIRE MATTER IS

CONTINGENT UPON THE RESULTS OF CONGRESSIONAL ACTION; HOWEVER

I JUST WANTED YOU TO KNOW THAI OPPORTUNITIES AROSE TO SUPPORT

THE INTERESTS OF OUR AGENTS AND ALSO THE ATTITUDE DISPLAYED

AT TODAY'S HEARINGS. YOU WILL BE KEPT ADVISED OF

SUBSEQUENT DEVELOPMENTS.

END

G

ME IS CLR FOR NUMBER 46 AND IKS

NW 55240 DocId: 32989817 Fage 34

---

## Page 35

CCA Ni FLAIN

sense ?

66-2150

1J "LL SACS

Fro:, DITECTUR

TESTIONY BEFORE WORSE CIVIL RICRIS ME CO STEPUTIONAL MIGHIS

SUS COMMITTEE.

FEBRUARY 11, 1975.

THE ATTORNEY GENERAL AND I TESTIFIED BEFORE

CAPTIONED SUBCOUMITTEE TODAY CONCERMING LEGISLATIVE

POLICIES AND GUIDFLINES FOR THE FBI. COPIES OF THE

"TATCHENIS. PRSSENTED TO THE COMMITIST BY THE ATTORITY

CORERAL AND GE ARD BEING MAILED TO ALL OFFICES TODAY. FOR

VOLO TUTORNAIIO%, THERE FOLLONS A STIPSIZED LOCOUNT OF THE

MAJOR AÑDAS OF THE SUBCOMMIITEE'S QUESTIOUS TO ME, TOGETHER

WITH HY. ROSPONSES:

(1) IN RESPONSE TO QUESTIONS RECARDING THE

PRIVENIIVE ACTION PROVISION IN THE ATTORNEY GENERAL'S

PrOPOSED CUIDELINES FOR THE FBI WHICH ARE CITED IN HIS

PEEPARED STATEMENI, I SIATED INAI THE PRIMARY MANDATE UF

LAW ENFOPCEMENT IS PREVENTION; THAT WE CANNOT INVESTICATE

SOLILY "AFTOR THE FACT"S THAT ACTION TO PREVENI LEGITI WIS

DISSENT UNDER OUR DEMOCRATIC FORM OF GOVERUMENT WOULD 32

INTOLERABLE; THAT FRID? TO TAKING PREVENTIVE ACTION INE,

06-215%

Land

RaTe

-35

---

## Page 36

PE TID

MARATIS SECURITY CASE TODAY HE MOGLE TOCORTAIN THE LATUE

AND SKIRT OF THE INROAT INVOLVED, COMBULI WITH TUE DEPARTINI,

AND POACH A DORKABLE SOLUTION AS TO ANY NECESSARY SAD PROPER

ACIION TO BE TAKEN.

(E) REGARDING THE GUIDELINES, QUESTIONS WERE ASKED

- CONCORNING MY INPUT MY RESPONSE WAS THAT THE FBI HAS A

REPRESENTATIVE ON THE GUIDELINES COMMITTEE, AND I RECEIVE

REPOPTS FROM TIME TO TIME CONCERNING THE THRUST OF THESE.

GUIDELINES) AND WHETHER THE GUIDELINES IN PRESENT FORM 4R3

TOO STRICT OR LOOSE (MY RESPONSE WAS THAT THE FBI IS NOT

UNCOMFORTABLE WITH THE GUIDELINES; THAT I CANOT BROADLY

GATEGORIZS THEM AS STRICI OR LOOSE; THAI THEY ARE STILL

UNDER CONSIDERATION BUI AT THIS POINT ARE NOT TOO RESTRICTIVS).

(3) IN RESPONSE TO A QUESTION AS TO. WHETHER THE

DEPAFTMENT OF JUSTICE SUPERVISES INS FBI, I STALED THAI. I

RECOGNIZE THAT IT DOES AND THAT I CAN STATE UNEOUIVOCALLY THAT

I HAVE A VERY PLEASANT PELATIONSHIP WITH THE ATTORNEY CONSTAL

AND THAI WE GET ALONG VERY WELL.

(HE ATTORNEY GENERAL AGREED AND POINTED OUT TUAT

THE FBI HAS TO HAVE CONSIDERABLE AUTONOMY, THAT THE FBI

DIRECTOR'S RESPONSIBILITY IS GREAT, AND THAT THE ATTORNEY CANTAL

NN 55240 DocId 32989817

Page 36

---

## Page 37

WE CENONAL OVERSIGHT RESPOUSIDILICY OUTS THE BUREAU. HE COTER

THAT THE ATTORNEY GONERAL "IS NOT RUINING INE FEI" -- 07 47

WOULD NOT HAVE TIME FOR ANYIHING ELSE -- AND THAT THERE

IS "SOME DISTANCE" BETISEN THE ATTORNEY GENERAL AND THE FBI

DIRECTOP .)

(4) IN RESPONSE TO QUESTIONS CONCERINE CONTINUED

OVERSIGHI OF THE FBI BY CONGPESSIONAL COMMITTEES, I STATED

•IHAI SINCE APRIL, 1975, THE FBI HAS DEVOTED 4500 AGENT DAYS

AND 2221 CLERICAL DAYS TO PROVIDE CONGRESS WITH THE INFORMATIO"

THAT IT HAS REQUESTED: THAT SOME SOURCES AND INFORMANTS

HAVE BECOME UNWILLING TO FURNISH US INFORMATION BECAUSE OF

THE WIDESPREAD DISCLOSURE OF THE MATERIAL NE HAVE PROVIDED

CONGRESSIONAL COMMITTEES; THAT THE FBI DOES NOI. OBJECT TO

OVERSIGHI: THAT WE ARE WILLING TO HAVE OVERSIGHI AND

GUIDELINES BUT THAI WE WANI TO DEVELOP SOME BALANCE SO

THAI WE MAY MAINTAIN OUR CAPABILITIES INTACT TO FULLY

DISCHARGE OUP RESPONSIBILITIES.

ALL LEGATS ADVISED SEPARATELY.

END

ALL FOXX OFFICES PLEASE RETURN TO TALK

NW 55240 DooId: 32909817 Page 37

---

## Page 38

FD-350 (Rev. 7-16-63)

(Mound Clipping in Space Below)

(Indicate page, name of

newspaper, city and staie.)

"CBS' Show Slammed

Joseph H. Trimbach, special-agent-in-

charge of the Memphis FBI office, said

Mesteady a as extremely as aired :

Monday night was

cause it did not present a balanced picture

of the agency.

Trimbach,

- PAGE 3

— COMMERCIAL APPEAL

- MEMPHIS, TENN

• the bureau handles a year, that "was foul-

Date: JAN. 30,1976

Edition:

Author:

Editor: MICHAEL GRENL

Title:

oRig

fod to

1-30-76 Dom

Character:

or

Classification:

Submitting Office: MEMPHIS

_ Belng Investigated

66-2150

JAN 3 • 1976

NW 55240 DooId 32989817

Page 38

---

## Page 39

-

s41 Clifford Davis Iedoral Building

NCMphiS,

TenIbasco 38103

December 23, 1975

Il. Sherman Austin

Fers/Public Affairs Director

TIOE

363 South sccond Street

Mosphis, Tenneaces 33103

Daas lIc. Austin:

This is in reicrenco to your letter of

Decomber 15, 1975, concerning an editorial.

I appreciato the opportunity of rcsponding

and an enclosing herewith a copy of our responso

which to furnished you by telephone this datc.

Sinccroly yours,

Special Agent in Charge

Enclosuro

- Addressee

<

Memphis (,

66-2150)

4(1, 80-240)

JHT : BN

(3)

44 - 22,52

CRIALIZED

ADEXED.

NW 55240 DocId: 32989817

Page 39

---

## Page 40

TO

:

OPTIONAL FORM NO. 10

MAY 1962 EDITION

GSA FPMR (41 CFR) 101-11.8

UNITED STATES GOVERNMENT

Memorandum

FILE 66-2150)

FROM :

SAC JOSEPH H. TRIMBACH

SUBJECT:

EDITORIAL - RADIO STATION LOK,

MEMPHIS, TENNESSEE

DATE: 12/23/75

lemphis,

On 12/19/75, I talked by telephone to SHERMAN AUSTIN,

Public Affairs Director, and he advised the editorial was, in

fact, aired.

On the same date, I talked to Deputy Assistant Director

our reply would be aired 12/24 through 12/27/75.

(2T: BY

Attachment

cc 1 - 80-240

66-2150

JEARCHED.

_ INDEXED_

SERIALIZED

FILED LEMA

DEC 2 3 1975

FBI - MEMPHIE

NW 55210

DocId: 32989817

88877 S Suings Bonds Regularly on the Payroll Savings Plan

---

## Page 41

841 Clifford Bavis Federal Building

Leaphis, Tennessee 38103

Deceaber 23, 1975

RESPONSE TO TLOK EDITORIAL

REGARDING FBI AIRED DURING

PERIOD DICE BIR 15 - 20, 1975

An editorial broadcast by Radio Station NOK carlier

this nonth accused the FBI of not only being alcoi to beatings

and harrasscent of civil righis torters in the south in the

19G0'5, bui of boing "an active participant in illegal offorts

to destroy the civil rights moveneni."

To support this double edged charge, Not cited tho

tostirony thich Gary love, a former Ku Klux Ilansnan and FBI

informant, fave to a committee of the United States Senate on

December 2, 1975. In fairness, VLOK's listeners are entitled

to know that lix. James B. Adars, a Deputy associatc Dircetor

of the FBI, nade a factual refutation of Gary lowe's allegations

boiore the sano sonate conmitice the same day.

lix. Adams told the comnittee that the intormation which

Gary Poro furnished the FBI concerning planned acto of Klan

violonco was reported to the police "in every instance." He

acknowledred thai on sono occasions the police did not tale

64-6152

action alter receiving these reports fron the FBI, and ho told

the comittee that the fBI dutifully brought this face to the

attention of the Department of Justice.

CRILED.

JHT: BN

NW

552426-

DOES 32989817

Page 41'

---

## Page 42

Page 2

RESPONSE TO VLOK EDITORIAL

This action by the IBI rosulted in the Attorney

Gonoral's sending U. S. Harshals to the arcas involvod to

guarantee the saicty of civil rights torkers.

In his crorn testimony, this FBI official told the

nenbers of tho committoo "Tic vero doing everything to could

latfully do at the tine, and finally tho situation vas

corrected when the Department, agreeing that we had no further

jurisdiction, sent the U. S. Marshals down to perform cortain

lar enforcement functions."

The FBI is rightfully proud of its role in proventing

many acts of racist violonce in the south during the 1960's

and in solving other acts which did occur, such as the murders

of three young Civil Rights workers in Miesissippi in 1961, and

a corles of other burnings, bombings, and tillings cormitted by

Klansmen and Klan synpathizers.

Many knowledgeable porsons, both within and without the

Civil Rights covesent, credit the IBI vith having spoarheaded

the counter-offensive that broughi an end to the vave of racist

violence thich swept across seno arens of the south in the 1960's.

WLOK overlooked these facts in its earlier editorial.

* NW 55240 DocId:32989817 Page 42

---

## Page 43

FD-148 (Rav. 10-16-73)

Transmit attached by Facsimile - PLAINTEXT

Priority Urgent

To:

Director, FBI

Attn: External Affairs Division

tom: SAG, Memphis

Subject:EDITORIAL, RADIO STATION WLOK

MEMPHIS, TENNESSEE,

12/15-20/75;

MEDIA RELATIONS

Fingerprint Photo

Fingerprint Record

Date: 12/19/75

Time: Transmitted - 1135A

Initials GH.S.

Newspaper clipping

_ Photograph

Artists Conception

[X] Other Letter to Memphis Office

Special handling instructions: IMMEDIATELY UPON RECEIPT, HANDCARRY TO DEPUTY

ASSISTANI DIRECTOR HOMER A. BOYNTON, JR.,

ROOM 7159, JEH.

or information MR. BOYNION: This office verified that station

ired attached editorial.

Approved:

NIN

55240

DocId: 32989817

Page 43

---

## Page 44

3 South Second Street, Memphis, Tenn.

901/527-9565

1340

NI

Memphis cont

drain

December 15, 1975

Mr. Joseph Trimbach

Memphis FBI Office

Federal Building

Memphis, Tennessee 38103

Dear Sir:

The enclosed editorial will be aired

on Radio Station (WLOK) during

the period of December 15, 1975 thru

December 20, 1975. Equal time

will be provided at your request.

Thank you, and happy holidays.

incerely

Shame frate

NEWS/PUBLIC AFFAIRS DIRECTOR

S

A

:

1

66-2158

SEARCHED

SERIALIZED.

cc: Todd Branson

GENERAL MANAGER - WLOK

DEC 19 1975

FBI - MEMPHIS,

A STARR GROUP STATION

NW 55240

DocId: 32989817 Page 44

---

## Page 45

363 South Second Street, Memphis, Tennt 38103

901/527-9565

12/15/75

1340K

Hemphis o

EDITORIAL

drain

Back in the early 1960s, when civil rights workers in the South were being

beaten and harrassed by racists, the Federal Bureau of Investigation appeared

a good deal less than concerned.

Now a Senate investigation reveals what a lot of people suspected at the time--

that the FBI wasn't merely aloof, but that it was an active participant in

illegal efforts to destory the civil rights movement.

Lawmen, sworn to uphold the law, themselves performed lawless acts. Take the

bombshell dropped at a recent conmittee hearing by Gary Rowe, an undercover

agency who joined the Ku Klux Klan for the FBI.

Rowe testified that he fed the Bureau advance information about planned Klan

attacks on civil rights workers and that no action was taken to prevent the

attacks or to bring action against the perpetrators.

He testified that the Klan planned a vicious attack with clubs and bats upon

freedom riders demonstrating against segregated transportation facilities. The

Klan, he said, had the complete cooperation of the Birmingham police department

not only in this incident, but also in others,

even enjoying access to officials

files and cars.

NW 55240 DogId:32989817 Page 45

A STARR ERMLIP STATION

---

## Page 46

*Page 2

Steps have to be taken to assure that the FBI and similar federal police

agencies never again become criminal outfits themselves. The days of a

demi-god second-rater

who could run the FBI as a personal fief to conduct

his own vendettas must be over. Without structured accountability built

into the FBI and the Justice Department, future abuses are inevitable.

The only assurance the Black Community has against continuation of abuses

is for Blacks to be sitting at the table when policies are developed and

implemented...

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Routing Slip

0-7 (Rev. 7.

TO: SAC:

Albany

Albuquerque

Alexandria

Archorage

Allanta

Baltimore

Birmingham

Boston

Buffalo

Butte

Charlotte

Chicago

Cincinnati

Cleveland

Columbia

Dallas

Denver

Detroit

El Paso

Honolulu

(Copies to Officer chockedy

Houston

Indianapolis

•Jackson

Jacksonville

Kansas Cily

Knoxville

Las Vegas

Little Rock

Los Angeles

Louisvilie

Memphis

Miami

Milwaukee

Minneapolis

Mobile

Newark

New Haven

New Orleans

New York Cily

Norfolk

C Oklahoma City

) Omaha

Philadelphia

Phoonix

| Pittsburgh

Portland

Richmond

Sacrameulo

St. Louis

Salt Like City

San Antonio

San Diego

San Francisco

San luan

Savannah

Seattle

Springfield

Tamp a

Washington Field

Quantico

TO LEGAT:

Bem

Binn

Brasilia

Buenos Aires

Caracas

Hong Kung

London

Madrid

Manila

Mexicc City

Ottawa

Paris

Rome

1 Tel Aviv

[ Tokyo

RE:

Date December 5, 1975

TESTIMONY OF ASSISTANT TO THE DIRECTOR--

DEPUTY ASSOCIATE DIRECTOR JAMES B. ADAMS

BEFORE THE SENATE SELECT COMMITTEE ON

12/2/75

• For information

Retention

For appropriate

I optional

1 action

[J Surey, by

The enclosed is for your information. If used in a future report, [ conceal nil

sources, [ paraphrase contents.

Enclosed are corrected pages from report of SA

daled

Remarks:

Re Bureau R/S of 12/4/75 which provided

excerpts of Mr. Adams' testimony.

Attached for your information and

assistance, is the complete transcript if

above-referenced testimony.

66-2150

UNEDITE REA: MAN SaBREME

SET. " IZED_

_ FILEDIM

Enc.

Bufile

(1) wisten

Urfile

DEC § 1915

FBI - MEMPHIS

NIN

DoAtEA2989817

-page 47

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Vol. 15

Ohe Quited Statra Srnate

Report of Proceedings

...

Hearing held before

Salec: Committas to Study Governmental. Operations.

With Respect to Intelligence Activities

INIELLIGONCE INVESTIGATION

Tuesday, Dacember 2, 1975

Washington, D. C.

!

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410 FIRST STREET, S. E.

WASHINGTON, D. C. 20003

(202) 544-6000

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WARD

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Senator Tower..

The next witnesses to appear before the

Committee are MI. James Adams, Assistant to the Director-

Deputy Associate Director, Investigation, responsible for all

investigative operations; MI. W.

Raymond Wannall, Assistant

Director, Intelligence Division, responsible for internal

security and foreign counterintelligence investigations; Mr.

John A. Mintz, Assistant Director, Legal Counsel Division;

Joseph G. Deegan, Section Chief, extremist investigations;

MI. Robert I. Schackelford, Section Chief, subversive

investigations; Mt. Homer A. Newman, JK., Assistant to Section

Chief, supervises extremist informants; MI. Edward P. Grigali:

Unit Chief, supervises subversive informants; Joseph G. Inlicy,

Assistant Section Chief, Civil Rights Section, Gener-! Ins.rli-

gative Division.

Gentlemen, will you all rise and be sworn.

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Do you solemnly swear the testimony you are about to give

before this Committee is the truth, the whole truth, and nothing

but the truth, so help you God?

Mr. Adams. I do.

Mx. Wannall. I do.

Mr. Mintz.

I do.

Mr. Deegan. I do.

Mr. Schackelford. I do.

MI. Newman. I do.

Mr. Grigalus. I do.

Mr. Kelley. I do.

Senator Tower. It is intended that. Mr. Wannall will be

the principal witness, and we will call on others as questioning

might require, and I would direct each of you when you do

respond, to identify yourselves, please,

for the record.

I think that we will spend just a few more minutes to allow

the members of the Committee to return from the floor.

(A brief recess was taken.)

Senator Tower. The Committee will come to order.

Mr. Wannall, according to data, informants provide 83

percent of your intelligence information.

Now, will you provide the Committee with some information

on the criteria for the selection of informants?

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TESTIMONY OF W. RAYMOND WANNAIL, ASSISTANT DIRECTOR,

INTELLIGENCE DIVISION, FEDERAL BUREAU OF INVESTIGATION •

ACCOMPANIED BY: JAMES B. ADAMS,. ASSISTANT TO THE

DIRECTOR-DEPUTY ASSOCIATE DIRECTOR (INVESTIGATION) :

• JOHN A. MINIZ, ASSISTANT DIRECTOR, LEGAL COUNSEL

DIVISION; JOSEPH G. DEEGAN, SECTION CHIEF; ROBERT I.

SCHACKELFORD, SECTION CHIEF; HOMER A. NEWMAN, JR.,

ASSISTANT TO SECTION CHIEF; EDWARD P. GRIGALUS, UNIT

CHIEF;. AND JOSEPH G. KELLEY, ASSISTANT SECTION CHIEF,

CIVIL RIGITS SECTION, GENERAL INVESTIGATIVE DIVISION

Mr. Wannall. Mr. Chairman, that is not FBI data that you

have quoted. That was prepared by the General Accounting

office.

Senator Tower. That is GAO.

MI. Wannall. Based on a sampling of about 93 cases.

Senator Tower.

Would that appear to be a fairly accurate

figure.

Mr. Wannall. I have not seen any survey which the FBI

itself has conducted that would confirm that, but I think that

we do get the principal portion of our information from live

sources.

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Senator Tower. It would be a relatively high percert.

then?

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MI. Wannall.

I would say yes.

And your quest

criteria?

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Senator lower.

What criteria do you use in the selection

of informants?

Mr. Wannall. Well, the criteria vary with the needs. In

our cases relating tò extremist matters, surely in order to get

an informant who can meld into a group which is engaged in a

criminal type activity, you're going to have a different set

of criteria. If you're talking about our internal security

matters, I think we set rather high standards. We do require

that a preliminary inquiry be conducted which would consist

principally of checks of our headquarters indices, our field

office indices, checks with other informants who are operating

in the same area, and in various established sources such as

local police departments.

Following this, if it appears that the person is the type

who has credibility, can be depended upon to be reliable, we

would interview the individual in order to make a determination

as to whether of not he will be willing to assist the FBI

in discharging its responsibilities. in that. field.

Following that, assuming that the answer is positive, we

would conduct a rather in depth investigation for the purpose

of. further attempting to establish credibility and. reliability.

Senator. Tower. How. does the. Bureau. distinguish between

the. use of informants for law enforcement as opposed to

intelligence. collection?

Is the guidance different, or is it the same, or what?

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Mr. Wannall. Well, Mr. Adams can probably best address

the use of informants on criminal matters since he is over

the operational division on that.

Mr. Adams. You do have somewhat of a difference in the fact

that a criminal informant in a law enforcement function, you

are trying to develop evidence which will be admissible in

court for prosecution, whereas with intelligence, the informant

alone, your purpose could either be prosecution or it could be

just for purposes of pure intelligence.

The difficulty in both is retaining the confidentiality

of the individual and protecting the individual, and trying to,

through use of the informant, obtain evidence which could be

used independently of the testimony of the informant so that

he can continue operating as a criminal informant.

Senator Tower. Are these informants ever authorized to

function as provocateurs?

Mx. Adams. No, sir, they're not. We have strict regula-

tions against using informants as provocateurs. This gets

into that delicate area of entrapment which has been addressed

by the courts on many occasions and has been concluded by the

courts that providing an individual has a willingness to engage

in an activity, the government has the right to provide him the

opportunity. This does not mean, of course, that mistakes don't

occur in this area, but we take whatever steps we can to

avoid this. Even the law has recognized that informants can

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engage in criminal activity, and the courts have held that,

especially the Supreme Court in the Newark County Case, that•

the very difficulty of penetrating an ongoing operation, that

an informant himself can engage in criminal activity, but

because there is lacking this criminal intent to violate a

law, we stay away from that. Our regulations fall short of that.

If we have a situation where we felt that an informant

has to become involved in some activity in order to protect

or conceal his use as an informant, we go right to the United

States Attorney or to the Attorney General to try to make sure

we are not stepping out of bounds insofar as the use of our

informants.

Senator Tower. But you do use these informants and do

instruct them to spread dissension among certain groups that

they are informing on, do you not?

Mr. Adams. We did when we had the COINTELPRO program$,

which were discontinued in 1971, and I think the Klan is probably

one of the best examples of a situation where the law was

in effect at the time.

We heard the term States Rights used

much more then than we hear it today. We saw in the Little

Rock situation the President of the United States, in sending

in the troops, pointing out the necessity to use local law

enforcement.

We must have local law enforcement, to use the

troops only as a last resort.

And then you have

situation like this where you do try

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to preserve the respective roles in law enforcement. You have

historical problems with the Klan coming along. We had

situations where the FBI and the Federal Government was almost

powerless to act. We had local law enforcement officers in

some areas participating in Klan violence.

The instances mentioned by Mr. Rowe, every one of those,

he saw them from the lowest level of the informant. He didn't

see what action was taken with that information, as he pointed

out in his testimony. Our files show that this information was

reported to the police departments in every instance. We

also knew that in certain instances the information, upon being

received, was not being acted upon. We also disseminated

simultaneously through letterhead memoranda to the Department

of Justice the problem, and here, here we were, the FBI, in a

position where we had no authority in the absence of instruction

from the Department of Justice, to make an arrest.

Sections 241 and 242 don't cover it because you don't have

evidence of a conspiracy, and it ultimately resulted in

a situation where the Department called in United States

Marshals who do have authority similar to local law enforcement

officials.

So, historically, in those days, we were just as frus-

trated as anyone else was, and when we got information from

someone like Mr. Rowe, good information, reliable information,

and it was passed on to those who had the responsibility to

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do something about it, it was not always acted upon, as he

indicated.

Senator Tower. None of these cases, then, there was

adeguate evidence of conspiracy to give you jurisdiction to

act?

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Mi: Adams. The Departmental rules at that time, and still

require Departmental approval where you have a conspiracy.

Under 241, it takes two or more persons acting together.. You

can have a mob scene, and you can have blacks and whites

belting each other, but unless you can show that those that

initiated the action acted in concert in a conspiracy, you have.

no violation.

Congress recognized this, and it wasn't until 1968

that they came along and added Section 245 to the civil rights

statúte, which added punitive measures against an individual

that didn't have to be a conspiracy. But this was a problem

that the whole country was grappling with: the President of

the United States, Attorney General. We were in a situation

where we had rank lawlessness taking place, as you know from

a memorandum we sent you that we sent to the Attorney General.

The accomplishments we were able to obtain in preventing

violence, and in neutralizing the Klan - and that was one

of the reasons.

Senator Tower. What was the Bureau's purpose in con-

tinuing or urging the

continued suiveillance of the Vietnam

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Veterans Against the War?

Was there a legitimate law enforcement purpose, or was the

intent to halter political expression?

MI. Adams. We had information on the Vietnam Veterans

Against the War that indicated that there were subversive

groups involved. They were going to North Vietnam and meeting.

with the Communist forces.

They were going to Paris, attending

meetings paid for and sponsored by the Communist Party, the

International Communist Party. We feel that we.had a very valid

basis to direct our attention to the VVAW.

It started out, of course, with Gus Hall in 1967, who was

head of the Communist Party, USA, and the comments he made,

and what it finally boiled down to was a situation where it

split off into the Revolutionary Union, which was a Maost

group, and the hard-line Communist group, and at that point

factionalism developed in many of the chapters, and they closed

those chapters because there was no longer any intent to follow

the national organization.

But we had a valid basis for investigating it, and we

investigated chapters to determine if there was affiliation

and subservience to the national office.

Senator Tower. Mr. Hart?

Senator llart of Michigan. But in the process of chasing

after the Veterans Against the War, you got a lot of information

that clearly has no rclationship to any Federal criminal

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statute.

Mr. Adams. I agree, Senator.

Senator Hart of Michigan. Why don't you try to shut that

stuff off by simply telling the agent, or your informant?

Mr. Adams. Here is the problem that you have with that.

When you're looking at an organization, do you report only the

violent statements made by the group or do you also show that

you may have one or two violent individuals, but you have

some of these church groups that were mentioned, and others,

that the whole intent of the group is not in violation of the

statutes. You have to report the good, the favorable along

with the unfavorable, and this is a problem. We wind up with

information in our files. We are accused of being vacuum

cleaners, and you are a vacuum cleaner. If you want to know the

real

purpose of

an organization, do you only report the

violent statements made and the fact that it is by. a small

minority, or do you also show the broad base of the organization

and what it really is?

And within that is where we have to have the guidelines

we have talked about before. We have to narrow down, because

we recognize that we do wind up with too much information in

our files.

• Senator Hart of Michigan. But in that vacuuming process,

you are feeding into Departmental files the names of people

who are, who have been engaged in basic First Amendment

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exercises, and this is what hangs some of us up.

Mr. Adams. It hangs me up. But in the same files I

imagine every one of you has

been interviewed by the FBI, either

asking you about the qualifications of some other Senator •

being considered for a Presidential appointment, being inter-

viewed concerning some friend who is applying for a job.

Were you embarrassed to have that in the files of the

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FBI?

Now, someone can say, as reported at our last session, that

this is an indication, the mere fact that we have a name in our

files has an onerous impression, a chilling effect. I agree.

It can have, if someone wants to distort what we have in our

files, but if they recognize that we interviewed you because

of considering. a man for the Supreme Court of the United

states, and that isn't distorted or improperly used, I don't

see. where any harm is served by having that in our files.

Senator Hart. of Michigan. But if. I am Reverend. Smith

and, the. vacuum cleaner. picked up the fact.that.I.was. helping

the veterans,. Vietnam Veterans Against. the War, and two years

later a name check. is. asked. on Reverend Smith and. all your

file shows. is that he was. associated. two years ago with a group

that was sufficient enough, held sufficient doubtful patriotism

to justify turning loose a

lot of your energy in pursuit on

them --

Mr. Adams. This is a problem.

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Senator Hart of Michigan.

This is what should require

us to rethink this whole business.

Mr. Adams. Absolutely.

And this is what I hope the guidelines committees as well

as the Congressional input are going to address themselves to.

Senator Hart of Michigan. We've talked about a wide range

of groups which the Bureau can and has had informant penetration

and report on. Your manual, the Bureau manual's definition

of when an extremist or security investigation may be under-

taken refers to groups whose activity either involves violation

of certain specified laws, or which may result in the violation

of such law, and when such an investigation is opened, then

informants may be used.

Another guideline says that domestic intelligence

investigations now must be predicated on criminal violations.

The agent need only cite a statute suggesting an investigation

relevant to a potential violation. Even now, with an improved,

upgraded effort to avoid some of these problems, we are back

again in a world of possible violations or activities which

may result in illegal acts.

Now, any constitutionally protected exercise of the

right to demonstrate, to assemble, to protest, to petition,

conceivably may result in violonce or disruption of a local

town meeting, when a controversial social issue might result

in disruption. It might be by hecklers rather than those holding

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the meeting.

Does this mean that the Bureau should investigate all

groups organizing or participating in such a meeting because

they may result in violence, disruption?

Mr. Adams. No, sir.

Senator Hart of Michigan. Isn't that how you justify

spying on almost every aspect of the peace movement?

Mr. Adams. No, sir. When we monitor demonstrations, we ..

monitor demonstrations where we have an indication that the

demonstration itself is sponsored by a group that we have an

investigative interest in, a valid investigative interest in,

or where members of one of these groups are participating where

there is a potential that they might change the peaceful

nature of the demonstration.

But this is our closest question of trying to draw

guidelines to avoid getting into an area of infringing on the

First Amendment rights of people, yet at the same time being

aware of groups such as we have had in greater numbers in the

past than we do at the present time, But we have had periods

where the demonstrations have been rather severe, and the

courts have said that the FBI has a right, and indeed a duty,

to keep itself informed with respect to the possible commission

of crime. It is not obliged to wear blinders until it may be

too late for prevention.

And that's a good statement if applied in a clearcut

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case. Our problem is where we have a demonstration and we have

to make a judgment call as to whether it is one that clearly

fits the criteria of enabling us to monitor the activities, and

that's where'I think most of our disagreements fail.

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Sen. Sel. CIA

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Senator Hart of Michigan. Let's assume that the rule

for opening an investigation on a group is narrowly drawn. The

Bureau manual states that informants investigating a subversive

organization should not only report on what that group is

doing but should look at and report on activities in which

the group is participating.

There is a Section 97B3 dealing with reporting on

connections with other groups. That section says that the

field office shall "determine and report on any. significant

connection or cooperation with non-subversive groups." 'Any

significant connection or cooperation with non-subversive

groups.

Now let's look at this in practice. In the spring of

1969 there was a rather heated national debate over the

installation of the anti-ballistic missile system. Some of us

remember that. An FBI informant and two FBI confidential

sources reported on the plan's participants and activities

of the Washington Area Citizens Coalition Against the ABM,

particularly in open public debate in a high school auditorium,

which included speakers from the Defense Department for the

ABM and a scientist and defense analyst against the ABM.

The informants reported on the planning for the meeting,

the distribution of materials to churches and schools,.

participation by local clergy, plans to seek resolution on i'

ABM from nearby town councils. There was also informat:.

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plans fox a subsequent town meeting in Washington with the

names of local political leaders who would attend.

Now the information, the informant information came as

part of an investigation of an allegedly subversive group i

participating in that coalition. Yet the infornation dealt

with all aspects and all participants. The reports on the

plans for the meeting and on the meeting itself were disseminated

to the Statc Department, to military intelligence, and to the

White House.

How do we get into all of that?

Mr. Adams.

Well --

Senator Hart of Michigan.

Or if you were to rerun it,

would you do it again?

Mr. Adams.

Well, not in 1975, compared to what 1969

was.

The problem we had

at the time was where we had an

informant who had reported that this group, this meeting was

going to take place and it was going to be the Daily world,

which was the east coast communist newspaper that made comments

about it. They formed an organizational meeting. We took

a quick look at it. The case apparently was opened in May 28,

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1969 and closed June 5 saying there was no problem with this

organization.

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and get out, fine. We've had cases, though, where we have

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stayed in too long. When you're dealing with security: i

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Soviet espionage where they can put one person in this country

and they supported him with total resources of the soviet

Union, false identification, all. the möney he needs, comnuni-

cations networks, satellite assistance, and everything, and

you're working with a paucity of information.

The same problem exists to a certain extent in domestic

security. You don't have a lot of black and white situations.

So someone reports something to you which you feel, you take

a quick look at and there's nothing to it, and I think that's

what they did.

Senator Hart of Michigan. You said that was '69. Let

me bring you up to date, closer. to current, a current place

on the calendar.

This one is the fall of last year, 1975. President •

Ford announced his new program with respect to amnesty, as

he described it, for draft resistors. Following that there .

were several national conferences involving all the groups

and individuals interested in unconditional amnesty.

Now parenthetically, while unconditional amnesty is

not against -- while unconditional

amnesty is not yet the law,

we afreed that advocating it is not against the law either.

Mr. Adams. That's right.

Schator llart of Michigan. Some of the sponsors var

umbrella organizations involving about 50 diverse rimp:

the country. rBI informants provided advance is is in

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plans for the meeting and apparently attended and reported on

the conference.

The Bureau's own reports described

the

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participants as having represented diverse perspectives on

the issue of amnesty, including civil liberties

and human

rights groups, G.I. rights spokesmen, parents of men killed

in Vietnam, wives of ex-patriates in Canada, experts on draft

counselling, religious groups interested in peace issues,

delegates from student organizations, and aides of llouse and

Senate members, drafting legislation on amnesty.

The informant apparently was attending in his role as

a member of a group under investigation as allegedly subversive

and it described the topics of the workshop.

Ironically, the Bureau office report before them noted

that in view of the location of the conference at a theological

seminary, the FBI would use restraint and limit its coverage..

to informant reports.

Now this isn't five or ten years ago.

This is last

fall. And this is a conference of people who have the point

of view that I share, that the sooner we have unconditional

20.

amnesty, the better for the

soul of the country.

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Now what reason is it for a vacuum cleaner approach on

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la thing like that? Don't these instances illustrate how broad

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informant intelligence really is, that would cause these groups

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in that setting having contact with other groups, all and

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everybody is drawn into the vacuum and many names go into the

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Bureau files.

Is this what we want?

Mr. Adams. I'll let Mr. Wannall address himself to this.

He is particular knowledgeable as to this operation.

Mr. Wannall. Senator llart, that was a case that was

opened on November 14 and closed November 20, and the information

which caused us to be interested in it were really two particular

items. One was that a member of the steering committee there,

was a three man steering committee, and oné of

those members

of the national conference was in fact a national officer

of the VVAW in whom we had suggested before we did have a

legitimate investigative interest.

Senator Hart of Michigan. Hell, I would almost say so what

at that point.

Mr. Wannall. The second report we had was that the

VVAW would actively participate in an attempt to pack the

conference to take it over. And the third report we had -

Senator Hart of Michigan. And incidentally, all of the

information that your Buffalo informant had given you with

respect to the goals and aims of the VAW gave you a list of

goals which were completely within Constitutionally protected

objectives. There wasn't a single

item out of that VVAY that

jeopardizes the security of this country at all.

Mr. Wannall. Well, of course, ve did not rely entirely

on the Buffalo informant, but even there we did. recej..

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from that informant information which I considered to be

significant.

The Buffalo chapter of the VVAW was the regional office.

covering New York and northern New Jersey: It was one of the

five most active VAW chapters in the country and at a

national conference, or at the regional conference, this

informant reported information back to us that an attendee

at the conference announced that he had run guns into Cuba

prior to the Castro take-over. He himself said that he during

the Cuban crisis had been under 24 hour suveillance. There

was also discussion at the conference of subjugating the

WAW to the revolutionary union. There were some individuals

in the chapter or the regional conference who were not in

agreenent with us, but Mx. Adams has addressed himself to the

interest of the revolutionary union.

So all of the information that we had on the VAW did

not come from that source but even that particular source did

give us information which we sonsidered to be of some

significance in our appraisal of the need for continuing the

investigation of that particular chapter of the VAW

Senator llart of Michigan.

But does it give you the

right or does it create the need to go to a conference, even

if it is a conference that might be taken over by the VAW

when the subject matter is how and by what means shall we

seek to achieve unconditional amnesty? What threat?

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MI. Wannall. Our interest, of course, was the VAl

influence on a particular meeting, if you ever happened to be

holding a meeting, or whatever subject it was.

Senator llart of Michigan. What if it was a meeting to

seek to make more effective the food stamp system in this

country?

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Wannall.

Well, of course there

had been some

organizations.

Senator lart of Michigan. Hould the same logic follow?

MI. Wannall. I think that if we found that if the

Communist Party USA was going to take over the meeting. and

use it as a front for its own purposes, there would be a logic

in doing that. You have a whole scope hore and it's a matter.

of where you do and where

you don't, and, hopefully, as we've

said before, we will have some

guidance, not only from this

committce but from the guidelines that are being developed.

But within the rationale of what we're doing today, I was

explaining to you our interest not in going to this thing and

not gathering everything there was about it.

In fact, only one individual attended and reported to us,

and that was the person who had, who was not developed for

this reason; an informant who had been reporting on other

matters for some period of time.

And as soon as we got the report of the outree ti

meeting and the fact that in the period of some ...

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discontinued any further interest.

Senator Hart of Michigan. Hell, my time has expired

but even this brief exchange, I think, indicates that if we

really want to control the dangers to our society of using

informants to gather domestic political intelligence, we have

to restrict sharply domestic intelligence investigations, And

that gets us into what I would like to raise with you when

my turn comes around again, and that's the use of warrants,

obliging the Bureau to obtain a warrant before a full-fledged

informant can be directed by the Bureau against a group or

individuals.

I know you have objections to that and I would like. to

review that with you.

Sénator Mondale, Pursue that question.

Senator Hart of Michigan. I am talking now about an

obligation to obtain a warrant before you turn joose a full-

fledged informant. I'm not talking about tipsters that run

into you or you run into, or who walk in as information sources.

The Bureau has raised some objections in this memorandum to the

Committee. The Bureau

argues

that such a warrant requirement

might be unconstitutional because it would violate the First

Amendment rights of FBI informants to communicate with their

government.

ought to

Now that's a concern for First Amenament rights that

hearten all the civil libertarians.

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of it or the impacticability of getting a warrant which:

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ordinarily involves probable cause to show that a crime has

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been or is about to be committed.

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In the intelligence field we are not dealing necessarily

with an imminent criminal action. We're dealing with activities

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such as with the Socialist Workers Party, which we have

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discussed before, where they say publicly we're not. to engage

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subscribe to the tenets of communism and that when the time

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is ripe, we're going to rise up and help overthrow the United

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States.

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Well, now, you can't show probable cause if they're about

to do it because they're telling you they're not going to do it

and you know they're not going to do it at this particular

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moment.

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It's just the mixture somewhat of trying to mix in a

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criminal procedure with an intelligence gathering function, and

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we can't find any practical way of doing it. We have a particular

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organization. We may have an informant that not only belongs

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to the communist Party, but belongs to several other organization:

and as part of his function he may be sent out by the Communist

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Party to try to infiltrate one of these clean organizations.

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We don't have probable cause for him to target

against

that organization, but yet we should be able to receive informa-

tion from him that he as

a Communist Party member, even

though in an informant status, is going to that organization

and don't worry about it. We're making no headway on it.

It's just from our standpoint the possibility of informants,

the Supreme Court has held that informants per se do not

violate the First, Fourth, or Fifth Amendments. They have

recognized the necessity that the government has to have

individuals who will assist them in carrying out their

governmental duties.

Senator llart of Michigan. I'm not sure I've heard anything

yet in response to the constitutional question, the very

practical question that you addressed.

Quickly, you are right that the court has said that the

use of the informant per se is not a violation of constitutional

rights of the subject under investigation. But Congress

can prescribe sone safeguards, some rules and some standards,

just as

we have with respect to your use of electronic

surveillance, and could do it with respect to informants.

That's quite different from saying that the warrant

procedure itself would be unconstitutional.

But with respect to the fact that you couldn't show

probable cause, and therefore; you couldn't get a warrant,

therefore you oppose the proposal to require you. to get a

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warrant.

seems to beg the question.

Assuming that you say that since we use informants and

investigate groups which may only engage in lawful activities

but which might engage in activities that can result in

violence or illegal acts, and you can't use the warrant, but

Congress could say that the use of informants is subject to

such abuse and poses such a threat to legitimate activity,

including the willingness of people to assemble and discuss

the anti-ballistic missilé system, and we don't want you to

use them uniess you have indication of criminal activity or

unless you present your request to a magistrate. in the same.

fashion as you are required to do with respect to, in most

cases, to wiretap.

This is an option available to congress:

Senator Tower. Senator Schweiker.

Senator Schweiker. Thank you very much.

Mr. Wannall, what's the difference between a potential

security informant and a security informant?

Mr. Wannall. I mentioned earlier, Senator Schweiker,

that in developing an informant we do a preliminary check on

him before talking with him and then we do a further in-depth

background check.

A potential security informant is someone who is under

consideration before he is approved by headquarters for use as

an informant. He is someone who is under current consideration.

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On some occasions that person will have been developed to a

point where he is in fact furnishing information and we are

engaged in checking upon his reliability.

In some instances he may be paid for information furnished,

but it has not gotten to the point yet where we have satisfied

ourselves that he meets all of our criteria. When he does,.

the field must submit its recommendations to headquarters, and

headquarters will pass upon whether that individual is an

approved FBI informant.

Senator Schweiker. So it's really the first step of

being an informant, I guess.

Mr. Wannall. It is a preliminary step, one of the

preliminary steps.

Senator Schweiker. In the Rowe case, in the Rowe

testimony that we just heard, what was the rationale again

for not intervening when violence was known?

I know we asked you several times but I'm still having

trouble understanding what the rationale, Mc. Wannall, was

in not intervening in the Rowe situation when violence was

known.

Mr. Wannall. Senator Schiveiker, Mr. Adams did address

himself to that. If you have no objection, I'll ask him to

answer that.

Senator Schweiker. All. right.

Mr. Adams.

The problem we had at the time, and it's the

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problem today, we are an investigative agency. We do

not

have police powers like the United States marshalls do.

About 1795, I guess, or some period like that, marshalls have

had the authority that almost borders on what a sheriff. has:

We are the investigative agency of the Department of Justice

and during these times the Department of Justice had us maintair

the role of an investigative agency. We were to report on

activities to furnish the information to the local police,

who had an obligation to act. We furnished it to the Department

of Justice.

In those areas where the local police did not act, it

resulted finally in the Attorney General sending 500 United

States marshalls down to guarantee the safety of people who

were trying to march in protest of their civil rights.

This was an extraordinary measure because it came at a

time of civil righs versus federal rights, and yet there was

a breakdown in law enforcement in certain areas of the country.

This doesn't mean to indict all law enforcement agencies

in itself at the time either because many of them did act

upon the information that was furnished to them. But we

have no authority to make an arrest on the spot because we

would not have had evidence that there was a.conspiracy

available. We can do absolutely nothing in that regard.

In Little Rock, the decision was made, for instance, that

if any arrests need to be made, the Army should make them and

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next to the Army, the United

States marshalls should make them,

not the FBI, even though we developed the violations.

And over the years, as you know, at the time there were many

questions raised. Why doesn't the FBI stop this?

Why don't

you do something about it?.

Well, we took the other route and effectively destroyed

the Klan as far as committing acts of violence, and of course

we exceeded statutory guidelines in that area.

Senator Schweiker. What would be wrong, just following

up your point there, Mr. Adams, with setting up a program

sincé it's obvious to me that a lot of informers are going to

have pre-knowledge of violence of using U.S. marshalls on some

kind of a long-range basis to prevent violence?

Mr. Adams. We do. We have them in Boston in connection

with the busing incident. We are investigating the violations

under the Civil Rights Act. But the marshalls are in Boston,

they are in Louisville, I believe at the same time, and this

is the approach, that the Federal government finally recognized,

was the solution to the problem where you had to have added

Federal import.

Senator Schweiker. But instoad of waiting until it

gets to a Boston state, which is obviously a pretty advanceu

confrontation, shouldn't we have some

¡ere a coordinated program

that when you go up the ladder of crand in the FBI, that

on an innediate'and fairly contemporary basis, that kind of

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help can be sought instantly as opposed to waiting until it

gets to a Boston state?

I realize it's a departture from the past. I'm not

saying it isn't. But. it seems..to

me. we need a better remedy

than we have.

Mr. Adams.

well, fortunatelyr we're at a time where

conditions have subsided in the country, even from the '60s

and the '70s and periods -- or '50s and '60s. We report to the :

Departient of Justice on potential troublespots around the

country as we learn of them

so that the Department will be

aware of them. The planning for Boston, for instance, took

place a year in advance with

state officials, city officials,

the Department of Justice and the FBI sitting down together

saying, how are we going to protect the situation in Boston?

I think we've learned a lot from the days back in the

early '60s. But the government had no mechanics which protected

people at that time.

Senator Schweiker. I'd like to go, if I may, to the

Robert Hardy case. I know he

is not a witness but he

was a witness before the llouse. But since this affects my

state, I'd like to ask Mr. Wannall. Mr. Hardy, of course, was

the FBI informer who ultimately led and planned and organized

a raid on the Camden draft board. An' according to Mr. Hardy's

testimony before our Committee, he s:.: that in advance of the

raid someone in the Department had even acknowledged the fact

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that they had all the information they needed to clamp down

on the conspiracy and could arrest people at that point in time,

and yet no arrests were made.

Why, Mr. Wannall, was

this true?

Mr. Wannall. Well, I can answer that based oniy on the

material that I have reviewed, Senator Schweiker. It was not

a case handled in my division but I think I can answer your

question.

There was, in fact, a representative of the Department

of Justice on the spot counselling and advising continuously !

as that case progressed as to what point the arrest should be

made and we were being guided by those to our mentors, the

ones who are responsible for making decisions of that sort..

So I think that Mr. Hardy's statement to the effect that

there was someone in the Department there is perfectly true.

Senator Schweiker. That responsibility rests with who

under your procedures?

Mr. Wannall. We investigate decisions on making arrests,

when they should be made, and decisions with regard to

prosecutions are made either by the United States attorneys

or by Federals in the Department.

Mr. Adams. At this time that particular case did have

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of conspiracy.

Conspiracy is a tough 'iolation to prove and

sometimes a question of do you have the added value of catching

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someone in the commission of the crime as further proof,

rather than relying on one informant and some circumstantial

evidence to prove the violation.

Senator Schweiker. Well,. in this case, though, they

even had a dry run. • They could have arrested them on the

dry run.

That's getting pretty close to conspiracy, it seems to

me. They had a dry run and they could have arrested them on

the dry run.

I'd like to know why they didn't arrest them on the dry

run. Who was this Department of Justice official who made

that decision?

Mr. Adams. Guy Goodwin was the Department official.

Senator Schweiker. Next I'd like to ask back in 1965,

during the height of the effort to destroy the Klan, as you

put it a few moments ago, I believe the FBI has released

figures that we had something like 2,000 informers of some

kind or another infiltrating the klan out of roughly 10,000

estimated membership.

I believe these are either FBI figures or estimates.

That would mean that one out of every five members of the Klan

at that point was an informant paid by the government.

And I believe the figure goes on

mo indicate that 70

percent of the new members of the Kla:. that year were EBI

informants.

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Isn't this an awfully overwhelming quantity of people.

"to put in an effort such as that? I'm not criticizing that

you shouldn't have informants in the klan and know what's

going on for violence, but it

seems to me that this is the

tail wagging the dog.

For example, today we supposedly have only 1594. total

informants for

both domestic informants and potential informants

and that here we had 2,000 just in the Klan alone.

Mr. Adams. Well, this number 2,000 did include all

•racial matters, informants at that particular time, and I

think the figures we tried to reconstruct as to the actual

number of klan informants in relation to Klan members was around

6 percent, I think, after we had read

some of the testimony.

Now the problem we had on the Klan is the Klan had a

group called the Action Group. This was the group that you

remember from MI. Rowe's testimony, that he was left af-

ter the meeting.

He attended the open meetings and heard

all of the hurrahs and this type of thing from information,

but he never knew what was going on because each one had an

action group that went out and considered themselves in the

missionary field.

Theirs was the violence.

In order to penetrate those, it takes, you have to direct

as many informants as you possibly can against it. Bear in

mind that I think the newspapers, the President and Congress and

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everyone is concerned about the murder of the civil rights

workers, the Linio Kent sase, the Viola Liuzzo case, the

bombings of the church in Birmingham. We were faced with one

tremendous problem at that time.

Senator Schweiker.

I acknowledge that.

Mr. Adams. Our only approach was through informants

and through the use of informants we solved these cases, the

ones that were solved. Some of the bombing cases we have

never solved. They are extremely difficult.

These informants, as we told the Attorney General, and

as we told the President, that we had moved informants like

MI. Rowe up to the top leadership. He was the bodyguard to the

head man. He was in a position where he could forewarn us

of violence, could help us on cases that had transpired, and

yet we knew and conceived that this could continue forever

unless we can create enough disruption that these members will

realize that if I go out and murder three civil rights workers,

even though the sheriff and other law enforcement officers are

in on it, if that were the case and with some of them it was

the case, that I would be caught. And that's what we did and

that's why violence stopped, was because the Klan was insecure

and just like you say, 20

percent, they thought 50 percent of

their members ultimately were Klan members and they didn't

dare engage in these acts of violence because they knew they

couldn't control the conspiracy any longer.

SRORIT

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Senator Schweiker.

My time is expired. I just have

one quick question..

Is it correct that in 1971 we're using around 6500

informers for black ghetto situations?

Mr. Adams. I'm not sure if that's the year. We did

have one year where we had a number like that which probably

had been around 6000, and that was the time when the cities

were being burned, Detroit, Washington, areas like this.. We.

were given a mandate to know what the situation is, where is

violence going to break out, what next?

They weren't informants

like an individual penetrating

an organization. They were listening posts in the community

that would help tell us that we have a group here that's getting

ready to start another fire-fight or something.

Senator Tower. At this point, there

are three more

Senators remaining for questioning. If we can try to get

everything in in the first round, we will not have a second

round and I think we can finish around 1:00, and we can. go

on and terminate the proceedings.

However, If anyone feels that they have another question

that they want to return to, we can come back here by 2:00.

Senator Mondale?

Senator Mondale. Mr. Adams, it seems to me that the

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organization of its kind in the world. And when the FBI acts

in the field of political ideas, it has bungled its job, it

has interfered with the civil liberties, and finally, in the

last month or two, through its public disclosures, heaped

shame upon itself and really led toward an undermining of

the crucial public confidence in an essential. law enforcement

agency of this country.

In a real sense, history has repeated itself because it

was precisely that problem that led to the creation of the FBI

in 1921.

In World War I, the Bureau of Investigation strayed from

its law enforcement functions and became an arbiter and

protector of political ideas. And through the interference

of civil liberties and Palmer Raids and the rest, the public

• .

became so offended that later through Mr. Justice Stone

and •

Mr. Hoover, the FBI was created. And the first statement

by Mr. Stone was that never again will this Justice Department

get involved in political ideas.

And yet here we are again looking at a record where with

Martin Luther King, with anti-war resistors, with -- we even

had testimony this morning of meetings with the Council of

Churches. Secretly we are investigating this vague, ill-defined,

impossible to define idea of investigating dangerous ideas.

It seems to be the basis of the strategy that people

can't protect themselves, that you somehow need to use the

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tools of law enforcement to protect people from subversive

or dangerous: ideas, which I find strange and quite profoundly

at odds with the philosophy of American government.

I started

in politics years ago and the first thing we

had to do was to get the communists out of our parts and out.

of the union. He did a very fine job. As far as I know, and

I'm beginning to wonder, but as far as I know, we had no help

from the FBI or the CIA. We just ramned them out of the meetings

on the grounds that they weren't Democrats and they weren't

good union leaders when we didn't want anything to do with them.

And yet, we see time and time again that we're going to

protect the blacks from Martin Luther King because he's

dangerous, that we've going to protect veterans from whatever

it is, and we're going to protect the Council of Churches

Ixom the veterans, and so on, and it just gets so gummy and

confused and ill-defined and dangerous, that don't you agree

with me that we have to control this, to restrain it, so that

precisely what is expected of the FBI is known by you, by the

public, and that you can justify your actions when we ask

you?

Mr. Adams. I agree with that, Senator, and I would like ,

to point out that when the Attorney General made his statement

Mr. Hoover subscribes to it, we follied that policy for about

ten years until the President of the .ited States said that

we should investigate the Nazi Party.

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I for one feel that we should investigate the Nazi Party.

I feel that our investigation of the Nazi Party resulted in

the fact that in World War II, as contrasted with World War I,

there wasn't one single incident of foreign directed sabotage

which took place in the United States.

Senator Mondale. And under the criminal law you could

have investigated these issues of sabotage.

Isn't sabotage a crime?

Mr. Adams.

Sabotage is a crime.

Senator Mondale. Could you have investigated that?

Mr. Adams.

After it happened.

Senator Mondale. You see, every time we get involved

in political ideas, you defend yourself on the basis of

crimes that could have been comnitted. It's very interesting..

In my opinion, you have to stand here if you're going

to

continue what you're now doing and as. I understand it, you

still insist that you did the right thing with the Vietnam

Veterans Against the War, and investigating the Council of

Churches, and this can still go on. This can still go on under

your interpretation of your present powers, what you try to

justify on the grounds of your law enforcement activitics

in terms of criminal matters.

Mr. Adams.

The law does not say we have to vait. until

we have been murdered before we can --

Senator Mondale. Absolutely, but that's the field of

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law again. You're trying to defend apples with oranges.

the law. You can do that.

That.'s

MX. Adams. That's right, but how do you find out which

of the 20,000 Bund members might have been a saboteur. You

don't have probable cause to investigate anyone, but you can

direct an intelligence operation against the German-American

Bund, the same thing we did after Congress said --

Senator Mondale: Couldn't you get a warrant for that?

Why did you object to going to court for authority for that?:

Mr. Adams.

Because we don't have probable cause to

go against an individual and the law doesn't provide for

probable cause to investigate an organization.

There were activities which did take place, like one time

they outlined the Communist Party --

Senator Mondale. What I don't understand is why it

wouldn't be better for the FBI for us to define authority

that you could use in the kind of Bonn situation where under

court authority you can investigate where there is probable

cause or reasonable cause to suspect sabotage and the rest.

Wouldn't that make a lot more sense than just making these

decisions on your own?

Mr. Adams. We have expressed cemplete concurrence in

that. We feel that we're going to gripeat to death in the

next 100 years, you're danned if you j, and damned if you

don't

if wa don't have a delineation of our responsibility

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in this area. But I won't agree with you, Senator, that we'

have bungled

the intelligence operations in the United States.

I agree with you that we have made some mistakes. Mr. Kelley.

has set a pattern of being as forthright as any Director of the

FBI in acknowledging mistakes that. had been made, but I think

that as you said, and I believe Senator Tower said, and

Senator Church, that we have to watch these hearings because

of the necessity that we must

concentrate on these areas of

abuse. We must not lose sight of the

overall law enforcement and intelligence community, and I

still feel that this is the freest country in the world.

I've travelled much, as I'm sure you have, and I know we have

made some mistakes, but I feel that the people in the United

States are less chilled by the mistakes we have made than they

are by the fact that there are 20,000 murders a year in the

United states and they can't walk out of their houses at night

and feel safe.

' Senator Mondale. That's correct, and isn't that an

argument then, Mr. Adams, for

strengthening our powers to go

after those who commit crimes rather than strengthening or

continuing a policy which we now see undermines the public

confidence you need to do your job.

Mr. Adams. Absolutely.

The mistakes we have made are

what have brought on this embarrassment to us.

I'm not blaming the Committee.

I'm saying we made some

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mistakes and in doing so this is what has hurt the FBI. But

at the same time I don't feel that a balanced picture comes

out, as you have said yourselves, because of the necessity

of zercing in on abuses.

I think that we have done one tremendous job. I think

the accomplishments in the Klan was the finest hour of the

FBI and yet, I'm sure in dealing with the klan that we made

some mistakes. But I just don't agree with bungling.

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Senator Mondale. I don't want to argue over terms, but

I think I sense an agreement that the FBI has gotten into trouble

over it in the political idea trouble, and that that's where we

need to have new legal standards.

Mr. Adams. Yes, I agree with that.

Senator Tower. Senator Huddleston.

Senator Huddleston.

Thank you, Mr. Chairman.

Mr. Adams, these two instances we have studied at: some

length seems to have been an inclination on the part of

the Bureau to establish, a notion about an individual or a group

which seems to be very hard to ever change or dislodge. In

the case of Dr. King, where the supposition was that he was'

being influenced by Communist individuals, extensive investi-

gation was made, surveillance, reports came back indicating that

this in fact was untrue, and directions continued to go out

to intensify the investigation. There never seemed to be a

willingness on the part of the Bureau to accept its own facts.

Ms. Cook testified this morning that something similar

to that happened with the Vietnam Veterans Against the War, that

every piece of information that she supplied to the Bureau

seemed to indicate that the Bureau was. not correct in its

assumption that this organization planned to commit violence,

or that it was being manipulated, and yet you seemed to insist

that this investigation go on, and tis information was used

against the individuals.

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Now, are there instances where the Bureau has admitted that

its first assumptions were wrong and they have changed their

course?

Mr. Adams. : We have admitted that. We have also shown

from one of the cases that Senator Hart brought up, that after

five days we closed the case. We were told something by an

individual that there was a concern of an adverse influence

in it, and we looked into it.

On the Martin Luther King

situation there was no testimony to the effect that we just

dragged on and on, or admitted that we dragged on and on and

on, ad infinitum. The wiretaps on Martin Luther King were

all approved by the Attorney General. Microphones on Martin

Luther King were approved by another Attorney General. This

wasn't the FBI, and the reason they were approved was that

there was a basis to continue the investigation up to a point.

What I testified to was that we were improper in discreditir

DI. King, but it's just like --

Senator Huddleston.

The Committee has before it memoranda

written by high officials of the Bureau indicating that the

information they were receiving from the field, from these

surveillance methods, did not confirm what their supposition

was.

Mr. Adams. That memorandum was rot on DI. King. That

was on another individual that I thi:. somehow got mixed up

in the discussion, one where the issue was can we make people

..

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prove they aren't a Communist before we will agree not to

investigate them.

But the young lady appearing this morning making the

comment that she never knew of anything she told us that

she considers herself a true member of the VVAW-WSO inasmuch

as she feels in general agreement of the principles of it, and

agreed to cooperate with the FBI in providing information regard-

ing the organization to aid in preventing violent individuals

from associating themselves with the VVAW-WSO. She is most

concerned about efforts.by the Revolutionary Union to take over

the VVAW-WSO, and she is working actively to prevent this..

I think that we have a basis for investigating the VAW-

WSO in certain areas today. In other areas we have stopped

the investigation. They don't agree with these principles

laid down by the --

Senator Huddleston. That report was the basis of your

continuing to pay informants and continuing to utilize that

information against members who certainly had not been involved

in violence, and apparently to get them fired from their job

or whatever?

Mr. Adams. It all gets back to the fact that even in the

criminal law field, you have to detect crime, and you have to

prevent crime, and you can't wait until something happens.. The

Attorney General has clearly spoken : that area, and even our

statutory jurisdiction provides that we don't -

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Senator Huddleston.. Well, of course we've had considerable

evidence this morning where no attempt was made to prevent

crime, when you had information that it was going to occur.

But I'm sure there are instances where you have.

Mr. Adams. We disseminated every single item which he

reported to us.

Senator Huddleston.

To a police department which you

knew was an accomplice to the crime.

Mr. Adams. Not necessarily.

Senator Huddleston. Your informant had told you that,

hadn't he?

Mr. Adams. Well, the informant is on one level. We have

other informants, and we have other information.

Senator Huddleston. Yes, but you were aware that he

had worked with certain members of the Birmingham police in

order to --

Mr. Adams. Yes.

He furnished many other instances also.

Senator Huddleston. So you weren't really doing a whole

lot to prevent that incident by telling the people who were

already part of it.

Mr. Adams. We were doing everything we could lawfully

do at the time, and finally the situation was corrected, so that

when the Department, agreeing that we had no further. juris-

diction, could sent the United States Marshal down to perform.

certain law enforcement functions.

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Senator Huddleston. Now, the Committee has received

documents which indicated that in one situation the FBI assisted

an informant who had been established in a white hate group

to establish a rival white hate group, and that the Bureau paid

his expenses in setting up this rival organization.

Now, does this not put the Bureau in a position of being

responsible for what actions the rival white hate group might

have undertaken?

MI. Adams. I'd like to see if one of the other gentlemen

knows that specific case,

because I don't think we set up a

specific group.

This is Joe Deegan.

Mr. Deegan. Senator, it's my understanding that the

informant we're talking about decided to break off from the

group he was with. He was with the Macon Klan group of

the United Klans of America, and he decided to break off.

This

was in compliance with our regulations. His breaking off,

we did not pay him to set up the organization. He did it

on his own.. We paid him for the information he furnished

us concerning the operation. We did not sponsor the organiza-

tion.

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Senator Huddleston. Concerning the new organization that

he set up, he continued to advise you of the activities of that

organization?

MI. Deegan.. He continued to advi::: us of that organization

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and other organizations. He would advise us of planned

activities.

Senator Huddleston, The new organization, that he formed,

did it operate in a very similar manner to the previous one?

Mx. Deegan. No, it did not, and it did not last that

long..

Senator Huddleston. There's also evidence of an FBI

informant in the Black Panther Party who had a position of

responsibility within the Party with the knowledge of his

FBI contact of supplying members with weapons

and instructing

them in how to use those weapons. Presumably this was in the

knowledge of the Bureau, and he later became - came in contact

with the group that was contracting for murder, and he partici-

pated in this group with the knowledge of the FBI agent, and

this group did in fact stalk a victim who was later killed with

the weapon supplied by this individual, presumably all in the

knowledge of the FBI.

How does this square with your enforcement and crime

prevention responsibilities.

Mr. Deegan.. Senator, I'm not familiar with that particular

case.". It does not square with our policy in all respects, and

I would have to look at that particular case you're talking

about to give you an answer.

Senator Huddleston. I don't have the documentation on that

particular case, but it brings up the point as to what kind of

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control you exercised over this kind of informant in this kind

of an organization and to what extent an effort is made to

prevent these informants from engaging in the kind of thing

that you are supposedly trying to prevent.

Mr. Adams. A good example of this was Mr. Rowe, who became

active in an action group, and we told him to get out or

we would no longer use him as an informant, in spite of the

information he had furnished in the past.

We have had cases, Senator, where we have had -

Senator Huddleston. But you also told him to participaté

in violent activities.

MI. Adams. We did not tell him to participate in violent

activities.

Senator Huddleston.

That's what he said.

Mr. Adams. I know that's what he said.. But. that's what

lawsuits are. all about, is that there. are. two sides to the

issue, and our agents. handling. this have. advised. us, and I

believe have advised. your staff, that at no time did they

advise him to engage. in violence.

Senator. Huddleston. Just to do what was necessary to

get the information, I believe maybe might have been his

instructions.

Mr. Adams. I don't think they made any such statement

to him along that line, and we have informants, we have

informants who have gotten involved in the violation of the law,

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and we have immediately converted their status from an informant

to the subject, and have prosecuted I would say, offhand, I

can think of around 20 informants that we have prosecuted for

violating the laws, once it came to our attention, and even

to show you our policy of disseminating information on violence

in this case, during the review of the matter, the agents told

me that they found one case where their agent had been working

24 hours a day, and he was

a little late in disseminating the

information to the police department. No violence.occurred,

but it showed up in a file review, and he was censured for

his delay in properly notifying local authorities.

So we not only have a policy, I feel that we do follow

reasonable safeguards.in order to carry it out, including periodic

review of all informant. files.

Senator Huddleston. Well, Mr. Rowe's statement is

substantiated to some extent with the acknowledgement by the

agent in charge that if you're going to be a Klansman and you

happen to be with someone and

they decide to. do something, that

he couldn't be an angel. These were the words of the agent,.

and be a good informant. He wouldn't take the lead, but the

implication is that he would have to go along and would have

to be involved if he was going to maintain his credibility.

Mr. Adams.. There's no question but that an informant at

times. will have to be present during demonstrations, riots,

fistfights that take place, but I believe his statement was

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to the effect that - and I was sitting in the back of the

room and I don't recall it exactly, but some of them were

beat with chains, and I didn't hear whether he said he beat

someone with a chain or not, but I rather doubt that he did

because it's one thing being present, and it's another thing

taking an active part in criminal actions.

Senator Huddleston.. He was close enough to get his

throat cut.

How does the gathering of information -

Senator Tower. Senator Mathias is here, and I think that

we probably should recess a few minutes.

Could we have Senator Mathias' questions and then should

we convene this afternoon?

Senator Huddleston. I'm finished. I just had one more

question.

Senator Tower. Go ahead.

Senator Huddleston. I wanted to ask how the selection of

information about an individual's personal life, social, sex

life and becoming involved in that sex life or social life

is a requirement for law enforcement or crime prevention.

Mr. Adams. Our agent handlers have advised us on Mr.

Rowe, that they gave him no such instruction, they had no

such knowledge concerning it, and I can't see where it would

be.of any value whatsoever.

Senator Huddleston. You aren't aware of any case where

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these instructions were

given to an agent or an informant?

Mr. Adams.

To get involved in sexual activity? No, sir..

Senator Huddleston. Thank you, Mr. Chairman.

Senator Tower.

Senator Mathias.

Senator Mathias.

Thank you, Mr. Chairman.

I would like to come back very briefly to the Fourth

Amendment considerations in connection with the use of informants

and in posing these questions we're not thinking of the one

time volunteer who walks in to an FBI office and says I have

a story I want to tell you and that's the only time that you

may see him. I'm thinking of the kind of situations in which

there is a more extended relationship which could be of varying

degrees. It might be in one case that

the same individual

will' have some usefulness in a number of situations. But when

the FBI orders a regular agent to engage in a search, the first

test is a judicial warrant, and what I would like to explore

with you is the difference between a one time search which

requires a warrant, and which you get when you make that

search, and a continuous search which uses an informant, or

the case of a continuous search which uses a regular undercover.

agent, someone who is totally under your control, and is in a

slightly different category than an informant.

Mr. Adams. Well, we get there into the fact that the

Supreme Court has still held that the use of informants does

not invade any of these constitutionally protected areas, and

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if a person wants to tell an informant something that isn't

protected by the Supreme Court.

An actual search for legal evidence, that is a protected

item, but information and the use of informants have been

consistently held as not posing any constitutional problems.

Senator Mathias. I would agree, if you're talking about

the fellow who walks in off the street, as I said earlier,

but is it true that under existing procedures informants are

given background checks?

Mr. Adams. Yes, sir.

Senator Mathias. And they are subject to a testing period.

Mr. Adams. That's right, to verify and make sure they

are providing to us reliable information.

Senator Mathias. And during the period that the relation-

ship continues, they are rather closely controlled by the

handling agents.

• Mr. Adams. That's true.

Senator Mathias. So in effect they can come in a very

practical way agents themselves to the FBI.

Mr. Adams.. They can do nothing --

Senator Mathias. Certainly agents in the common law use

of the word:

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Mr. Adams. That's right, they can do nothing, and we

instruct our agents that an informant can do nothing that the

agent himself cannot do, and if the agent can work himself into

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an organization in an undercover capacity, he can sit there and

glean all the information that he wants, and that is not in the

Constitution as a protected area. But we do have this problem.

Senator Mathias. But if a regular agent who is a nember

of the FBI attempted to enter these premises, he would require

a warrant?

Mr. Adams. No, sir, if a regular -- it depends on the

purpose for which he is entering. If a regular agent by

concealing his identity, by - was admitted as a member of the

Communist Party, he can attend Communist Party meetings, and he

can enter the premises, he can enter the building, and there's

no constitutionally invaded area there.

Senator Mathias. And so you feel that anyone who has

a less formal relationship with the Bureau than.a regular

agent, who can undertake a continuous surveillance operation

as an undercover.agent.or as an informant. --

Mr. Adams. As long as he commits no illegal acts.

Senator Mathias. Let me ask you why you feel that it is

impractical to require. a warrant since,. as I understand it,

headquarters must approve the use of an informant. Is that

degree of formal action required?

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Mr. Adams. The main difficulty is the particularity

which has to be shown in obtaining a search warrant. You

have to go after particular evidence. You have to specify

what you're going after, and an informant operates in an

area that you just cannot specify. He doesn't know what's

• going. to be discussed at that meeting. It may be a plot to

blow up the Capitol again or it may be a plot to blow up the

State Department building.

Senator Mathias. If it were a crininal investigation,

you would have little difficulty with probable cause, wouldn't

yOu?

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Mr. Adams. We would have difficulty in a warrant to

use someone as an informant in that area because the same

difficulty of particularity exists. We can't specify.

Senator Mathias.

I understand the problem because it's

very similar to one that we discussed earlier in connection

say wiretaps on a national security problem.

Mr. Adams. That's it, and there we face the problem of

where the Soviet, an individual identified as a Soviet spy

in a friendly country and they tell us he's been a Soviet spy

there and now he's coming to the United States, and if we can't

show under a probable cause warrant, if we couldn't show that

he was actually engaging in espionage in the United States,

we couldn't get a wiretap under the probable cause requirements

which have been discussed, If the good fairy didn't arop the

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evidence in our hands that this individual is here conducting

espionage, we again would fall short of this, and that's

why we're still groping with it:

Senator Mathias. When you say fall short, you really,

you would be. falling short of the requirements of the Fourth

Amendment.

Mr. Adams.

That's right,

except for the fact that the

• President, under this Constitutional powers, to protect this

nation and make sure that it survives first, first of all

national survival, and these are the areas that not only the

President but the Attorney General are concerned in and we're

all hoping that somehow we can reach a legislative middle

ground in here.

Senator Mathias. Which we discussed in the other national

security area as to curtailling a warrant to that particular

need.

Mr. Adams. And if you could get away from probable

cause and get some degree of reasonable cause and get some

method of sealing indefinitely your interest, say, in an

ongoing espionage case and can work out those difficulties,

we may get their yet.

Senator Mathias. And you don't despair of finding that

middle ground?

Mr. Adams. I don't because I think that today there's

more of an open mind between Congress and the Executive Branch

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and the FBI and everyone concerning the need to get these

areas resolved.

Senator Mathias.

And you believe that the Department,

if we could come together, would support, would agree to that

kind of a warrant requirement if we could agree on the language?

Mr. Adams. If we can work out problems and the Attorney

General is personally interested in that also.

Senator Mathias. Do you think that this agreement night

extend to some of those other areas. that we talked about?

Mr. Adams. I think that that would be a nuch greater

difficulty in an area of domestic intelligence informant who

reports on many different opcrations and different types of

activities that might cone up rather than say in a Soviet

espionage or a foreign espionage case where you do have a little

more degree of specificity to deal with.

Senator Mathias. I suggest that we arrange to get

toyother and try out some drafts with each other, but in the

meantime, of course, there's another alternative and that

would be the use of wiretap procedure by which the Attorney

General must approve a wiretap before it is placed, and the

same general process could be used for informants, since

you come to headquarters any way. :

Mr. Adams.

That could be an alte sitive. I think it

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major abuses of Congress and get over this hurdle, I think

ve're still going to have to recognize that heads of agencies

have to accept the responsibility for managing that agency

and we can't just keep pushing every operational problem up

to the top because there just aren't enough hours in the day.

Senator Mathias. But the reason that parallel suggests

itself is of course the fact that the wiretap deals generally

with one level of information in one sense of gathering

information. You hear what you hear from the tap.

Mr. Adams. But you're dealing in a much smaller number

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also.

Senator Mathias. Smaller nunber, but that's all the

more reason. When an informant goes in, he has all of his

senses. He's gathering all of the information a human being

can acquire from a situation and has access to more information

than the average wiretap.

And it would seem to me that for that reason a parallel

process might be useful and in order.

Mr. Adams. Mr. Mintz

pointed out one other main

distinction. to me which I had overlooked fron our prior

discussions, which is the fact that with an informant he is

more in the position of being a concentral monitor in that one

of the two parties to the conversation agrees, such as like

concentral monitoring of telephones and microphones and

anything else versus the wiretap itself where the individual

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whose telephone is being tapped is not aware and there is,

and neither of the two parties

talking had agreed that their

conversation could be monitored.

Senator Mathias. I find that one difficult to accept.

If I'm the third party overhearing a conversation that is taking

place in a room where I am, and my true character isn't perceived

by the two people who are talking, in effect they haven't

consented to my overhearing my conversation. Then they consent

if they believe that I am their friend or their, a partisan

of theirs.

But if they knew in fact that I was an informant for

someone else, they wouldn't be consenting.

Mr. Adams. Well, that's like I believe Senator. Hart

raised earlier, that the courts thus far have made this

distinction with no difficulty, but that doesn't mean that

there may not be some legislative compromise which might be

addressed.

Senator Mathias. Well, I particularly appreciate your

attitude in being willing to work on these problems because

I think that's the most important thing that can evolve from

these hearings, so that we can actually look at the Fourth

Anendment as the standard that we.have to achieve. But the

way we get there is obviously going to i, lot easier if we

can work toward them together.

I just have one final question, 'ir. Chairman, and that

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deals with whether ve shouldn't impose a standard of probable

cause that a crime has been committed as a means of controlling

the use of informants and the kind of information that they

collect.

Do you feel that this would be too restrictive?

Mr. Adams. Yes, sir, I do.

When I look at informants and I see that each year

informants provide us, locate 5000 dangerous fugitives, they

provide subjects in 2000 more cases, they recover $86 million

in stolen property and contraband, and that's irrespective

of what we give the local law enforcement and other Federal

agencies, which is almost a comparable figure, we have almost

reached a point in the criminal law where we don't have much

left. And in the intelligence field we still, I think when

we carve all of the problems away, we still have to make sure

that we have the means to gather information which will permit

us to be aware of the identity of individuals and organizations

that are

acting to overthrow the government of the United

States. And I think we still'have some areas to look hard

at as we have discussed, but I think informants are here to

stay.

They are absolutely essential to law enforcement.

Everyone uses informants. The press has informants, Congress

has informants, you have individuals in your comnunity that

you rely on, not for ulterior purposes, but to let you know

what's the feel of the people, am I serving them properly,

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am I carrying out this?

It's here to say. It's been here throughout history .

and there will always be informants. And the thing we want to

avoid is abuses. like provocateurs, criminal activities, and

to ensure that we have safeguards that will prevent that.

But we do need informants.

Senator tower. Senator fart, do you have any further

questions?

Senator llart of Michigan. Yes. I ask unanimous request

perhaps with a view to giving balance to the record, the

groups that we have discussed this morning into which the

Bureau has put informants, in popular language, our liberal

groups - I would ask unanimous consent that. be printed in

the record, the summary of the opening of the headquarters

file by the Bureau of Dr. Carl McIntyre when he announced

that he was organizing a group to counter the American Civil

Liberties Union and other "liberal and communist groups,"

is not a left only pre-occupation. •

Senator Tover. Without objection, so ordered.

• (The material referred to

follows:)

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Senator Tower. Any more questions?

Then the Committee will have an Executive Session this .

afternoon in Room 3110 in the Dirksen Building at 3:00, and

I hope everyone

will be in attendance.

Tomorrow morning we will hear from Courtney Evans,

Cartha DeLoach. Tomorrow afternoon, former Attorneys General

Ramsey Clark and Edward Katzenbach.

The Committee, the hearings are recessed until 10:00

a.m. tomorrow morning.

(Whereupon, at 1:10 o'clock p.m., the hearing in the

above mentioned matter was concluded, to reconvene on Wednesday,

December 3rd, 1975, at 10:00 o'clock a.nn.)

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Routing Slip

0-7 (Rov, 12-)

TO: SAC:

Albany

003E

Albuquerque

Alexandria

Nuchorage

Atlanta

Baltimore

Binningham

Boston

Buffalo

Bulle

Charlotte

Chicago

Cincinnati

Cleveland

Columbia

(Copies to Offices Checked)

Denver

@ Honolulu

Houston

Indianapolis

Jackson

Jnck sonville

Kansas Cily

Knoxville

Las Vegas

Little Rock

Los Angeles

Louisville

Men:phis

Miaini

Milwaukee

Minneapolis

Mobile

Newark

New Haven

New Orleans

New York City

Norfolk

= Oklahema City

Omaha

Philadelphia

Phoenix

Pittsburgh

Portland

Richmond

Sacramento

St. Louis

Salt Lake City

San Antonio

San Diego

San Francisco

San Juan

Savannah

Seattle'

Springfield

Tamp a

Washington Field

Quantico

TO LEGAT:

[ Boirui

Bonn

Brasilia

Buenos Aires

Caracas

Hong Kong

London

Madrid

Manila

Mexico City

Ottawa

Paris

Rome

Singapore

Tel Aviv

] Tokyo

12/30/75

Date

RE:

'IRECTORS APPEARANCE BEFORE SENATE SELECT

COMMITTEE ON INTELLIGENCE ACTIVITIES O

-

66-2150

DECEMBER 10, 1975

Retention

For appropriate

L For information a optional

'Ly action

[ Surep, by

The enclosed is for your information. If used in a future report, (, conceal all

sources, Ej paraphrase contents.

Enclosed are correcied pages from report of SA

dated

Remarks:

ReButel to all SACs and Legats, 12/10/75.

Enclosed for each Office and Legat is

one copy of the transcript of questions which

vere asked Mr. Kelley during captioned appearance,

1Long With

Mr.

Kelley's answers

to those questions.

66-21522

SRA

SE ACHED_

IDERIALIZED -

JNDEXED.

_ FILED

Bufile

Urile

SACK

JAN 2

1976

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Vol. 20

Thr Huitro Statra Srnate

• Copy 5

Report of Proceedings

Hearing held before

Select Committee to Study Governmental Operations

With Respect to Intelligence Activities

INIELLIGENCE INVESTIGATION

Wednesday, December 10, 1975

Washington, D. C.

WARD & PAUL

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STATEMENT OF :

The Honorable Clarence M. Kelley,

Direcotor, Federal Bureau of Inve-

stigation

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INTELLIGENCE INVESTIGATION

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Wednesday, December 10, 1975

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United States Senate,

Select Committee to Study Governmental

Operations with Respect to

Intelligence Activities,

Washington, D. C.

The Committee met, pursuant to notice, at 10:10

o'clock a.m., in Room 318, Russell Senate Office Building,

the honorable Frank Church (Chairman of the Committee)

presiding.

Present: Senators Church (presiding), Hart of Michigan,

Mondale, Huddleston, Hart of Colorado, Baker, Goldwater and

Mathias.

Also present: William G. Miller, Staff Director; Frederick

A. 0. Schwarz, JI., Chief Counseli Curtis R. Smothers, Minority

Counsel; Paul Michel, Joseph diGenova, Barbara Banoff, Frederick

Baron, Mark Gitenstein, Loch Johnson, David Bushong, Charles

Lombara, John Bayly, Charles Kirbow, Michael Madigan, Bob

Kelley, John Elliff, Elliot Maxwell, Andy Postal, Pat Shea,

Michael Epstein and Burt Wides, Professional Staff Members.

-.

The Chairman.

The Committee's witness this morning is

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the Honorable Clarence M.. Kelley, the Director of the Federal

Bureau of Investigation.

Mr. Kelley was appointed Director in July of 1973 in a

troubled time for the FBI. His experience as an innovative

law enforcement administrator in charge of the Kansas City

Police Department for over ten years, and his previous work as

a Special Agent of the FBI have made him uniquely qualified

to lead the Bureau.

The Select Committee is grateful for the cooperation

extended by Director Kelley in the course of its inquiry over

the past months. The Committee is also impressed by the

openness of the FBI's witnesses before this Committee, and

their willingness to consider the need for legislation to

clarify the Bureau's intelligence responsibility.

It is important to remember from the outset that this

Committee is examining only a small portion of the FBI's

activities. Our hearings have concentrated on FBI domestic

intelligence operations.

We have consistently expressed our

admiration and support for the Bureau's criminal investigative

and law enforcement work, and we recognize the vital importance

of counterespionage in the modern world. But domestic

intelligence has raised many difficult questions.

The Committee has also concentrated on the past rather

than on present FBI activities.

The abuses brought to light

in our hearings occurred years and even decades before Director

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Kelley took charge.

The Staff has advised the Committee that under Director

Kelley the FBI has taken significant steps to rethink previous

policies and to establish new safeguards against abuse. The

FBI is now placing greater emphasis on foreign related intelli-

gence operations, and less on purely domestic surveillance.

The FBI is working more closely with the Justice Department in

developing policies and standards for intelligence. These

are welcome developments.

Nevertheless, many important issues remain unresolved.

Therefore, we have invited Director Kelley to share with the

Committee his views on some of the considerations the Congress

should take into account in thinking about the future of

FBI intelligence. Among these issues are whether FBI surveil-

lance should extend beyond the investigation of persons

likely to commit specific crimes; whether there should be

outside supervision or approval before the FBI conducts certain

types of investigations or uses certain surveillance techniques;

whether foreign related intelligence activities should be

strictly separated from the FBI's domestic law enforcement

functions, and what should be done to the information already

in the FBI files and that which may go into those files in

the future.

The Committee looks forward to a constructive exchange

of views with Director Kelley this morning, with Attorney •

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General Levi tomorrow, and with both the FBI and the Justice

Department in the next months as the Committee considers

recommendations that will strengthen the American people's

confidence in the Federal Bureau of Investigation. That

confidence is vital for the effective enforcement of Federal

law and for the security of the nation against foreign

espionage.

Director Kelley, we are pleased to welcome you, and if

you would have a prepared statement you would like to lead off

with, please proceed.

-_========

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STATEMENT OF THE HONORABLE CLARENCE M. KELLEY,

DIRECTOR, FEDERAL BUREAU OF INVESTIGATION

Mr. Kelley. Thank you very much, Senator Church and

gentlemen.

I welcome the interest which this Committee has shown in

the FBI and most particularly in our operations in the intelli-

gence and internal security fields.

I share your high regard for the rights guaranteed by the

Constitution and laws of the United States. Throughout my

35 year career in law enforcement you will find the same insis-

tence, as has been expressed by this Committee, upon programs

of law enforcement that are themselves fully consistent with

law.

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I also have strongly supported the concept of legislative

oversight. In fact, at the time my appointment as Director of

the FBI and was being considered by the Senate Judiciary

Committee two and one half years ago, I told the members of

that Committee of my firm belief in Congressional oversight.

This Committee has completed the most exhaustive study

of our intelligence and security operations that has ever been

undertaken by anyone outside the FBI other

than the present

Attorney General. At the outset, we pledged our fullest

cooperation and promised to be as candid and forthright as

possible in responding to your questions and complying with your

requests.

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I believe we have lived up to those promises.

The members and staff of this Committee have had unprece-

dented access to FBI information.

You have talked to the personnel who conduct security-type

investigations and who are personally involved in every facet

of our day-to-day intelligence operations.

You have attended numerous briefings by FBI officials who

have sought to familiarize the Committee and its staff with

all major areas of our activities and operations in the national

security and intelligence fields.

In brief, you have had firsthand examination of these

matters that is unmatched at any time in the history of the

Congress.

As this Committee has stated, these hearings have, of

necessity, forcused largely on certain errors and abuses. I

credit this Committee for its forthright recognition that the

hearings do not give a full or balanced account of the FBI's

record of performance.

It is perhaps in the nature of such hearings to focus

on abuses to the exclusion of positive accomplishments of the

organization.

The Counterintelligence Programs which have received the

lion's share of public attention and critical comment constituted

an infinitesimal portion of our overall work.

A Justice Department Committee which was formed last year

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to conduct a thorough study of the FBI's Counterintelligence

Programs has reported that in the five basic ones it - found

3,247 Counterintelligence Programs were submitted to FBI

Headguarters from 1956 to 1971. Of this total, 2,370,

less than three fourths, were approved.

I repeat, the vast majority of those 3,247 proposals were

being devised, considered, and many were rejected, in an era

when the FBI was handling an average of 700,000 investigative

matters per year.

Nonetheless, the criticism which has been expressed

regarding the Counterintelligence Programs is most legitimate

and understandable.

The question might well be asked what I had in mind when

I stated last year that for the FBI to have done less than it

did under the circumstances then existing would have been an

abdication of its responsibilities to the American people..

What I said then, in 1974, and what I believe today, is

that the FBI employees involved in these programs did what they

felt was expected of them by the President, the Attorney General,

the Congress, and the people of the United States.

Bomb explosions rocked public and private offices and

buildings; rioters led by revolutionary extremists laid seige

to military, industrial, and educational facilities; and

killings, maimings, and other atrocities accompanied such

acts of violence from New England to California.

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The victims of these acts were human beings, men, women,

and children. As is the

case in time of peril, whether real

Or

perceived, they looked to their Government, their elected and

appointed leadership, and to the FBI and other law enforcement

agencies to protect their lives, their property, and their

rights.

There were many calls for action from Members of Congress

and others, but few guidelines were furnished. The FBI and other

law enforcement agencies

were besieged by demands, impatient

demands, for immediate action.

FBI employees recognized the danger; felt they had a

responsibility to respond; and in good faith initiated actions

designed to counter conspiratorial efforts of self-proclaimed

revolutionary groups, and to neutralize violent activities.

In the development and execution of these programs,

mistakes of judgment admittedly were made.

Our concern over whatever abuses occurred in the Counter-

intelligence Programs, and there were some substantial ones,

should not obscure the underlying purpose of those programs.

We must recognize that situations have occurred in the

past and will arise in the future where the Government may well

be expected to depart from its traditional role, in the FBI's

case, as an investigative and intelligence-gathering

agency, and take affirmative steps which are needed to meet

an imminent threat to human life or property.

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In short, if we learn a murder or bombing is to be carried

out now, can we truly meet our responsibilities by investigating

only after the crime has occurred, or should we have the

ability to prevent? I refer to those instances where there is

a strong sense of urgency because of an imminent threat to

human life:

Where there exists the potential to penetrate and disrupt,

the Congress must consider the question of whether or not such

preventive action should be available to the FBI.

These matters are currently being addressed by a task

force in the Justice Department, including the FBI,

and I am confident that Departmental guidelines and controls can

be developed in cooperation with pertinent Committees of Congress

to insure

that such measures are used in an entirely responsible

manner.

Probably the most important question here today is what

assurances I can give that the errors and abuses which arose

under the Counterintelligence Programs will not occur again?

First, let me assure the Committee that some very sub-

stantial changes have been made in key areas of the FBI's

methods of operations since I took the oath of office as

Director on July 9, 1973.

Today we place a high premium on openness, openness

both within and without the service.

I have instituted a program of open, frank discussion

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in the decision-making process which insures that no future

program or major policy decision will ever be adopted without a

full and critical review of its propriety.

Participatory management has become a fact in the FBI.

I have made it known throughout our Headquarters and

Field Divisions that I welcome all employees, regardless of

position or degree of experience, to contribute their thoughts

and suggestions, and to voice whatever criticisms or

reservations they may have concerning any area of our operations.

The ultimate decisions

in the Bureau are mine, and I take

full responsibility for them. My goal is to achieve maximum

critical analysis among our personnel without in any manner

weakening or undermining our basic command structure.

The results of this program have been most beneficial, to

me personally, to the FBI's disciplined performance, and to

the morale of our employees.

In addition, since some of the mistakes of the past

were occasioned by direct orders from higher authorities outside

the FBI, we have welcomed Attorney General Edward Levi's

guidance, counsel, and his continuous availability, in his

own words, "as a 'lightning rod' to deflect improper requests."

Within days after taking office, Attorney General Levi

instructed that I immediately report to him any requests

or practices which, in my judgment, were improper or which,

considering the context of the request, I believed presented

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the appearances of impropriety.

I am pleased to report to this Committee as I have to the

Attorney General that during my nearly two and one half years as

Director under two Presidents and three Attorneys General, no

one has approached me or made overtures, directly or otherwise,

to use the FBI for partisan political or other improper

purposes.

I can assure you that I would not for a moment consider

honoring any such request.

I can assure you, too, in my administration of the FBI

I routinely bring to the attention of the Attorney General and

the Deputy Attorney General major policy questions, including

those which arise in my continuing review of our operations and

practices. These are discussed openly and candidly in order

that the Attorney General can exercise his responsibilities

over the FBI.

I am convinced that the basic structure of the. FBI today

is sound. But it would be a mistake to think that integrity

can be assured only through institutional means..

Integrity is a human quality. It depends upon the

character of the person who occupies the office of the

Director and every member of the FBI under him.

I am proud of the 19,000 men and women with whom it is

my honor to serve today. Their dedication, their professionalism,

their standards, and the self-discipline which they personally

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demand of themselves and expect of their associates are the

nation's ultimate assurance of proper and responsible conduct

at all times by the FBI.

The Congress and the members of this Committee in

particular have gained a great insight into. the problems

confronting the FBI in the security and intelligence fields,

problems which all too often we have left to resolve without

sufficient guidance from the Executive Branch or the Congress

itself.

As in all human endeavors, errors of judgment have been

made. But no one who is looking for the cause of our

failures should confine his search solely to the FBI, or even

to the Executive Branch.

The Congress itself has long possessed the mechanism for

FBI oversight; yet, seldom has it been exercised.

An initial step was taken in the Senate in 1973 when the

Committee on the Judiciary established a Subcommittee on FBI

Oversight. Hearings had been commenced, and we were fully

committed to maximum participation with the members of that

Subcommittee.

I laud their efforts. However, those efforts are of very

recent origin in terms of the FBI's history.

One of the greatest benefits of the study this Committee

has made is the expert knowledge you have gained of the complex

problems confronting the FBI. But I respectfully submit that

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those benefits are wasted if they do not lead to the next step,

a step that I believe is absolutely essential, a legislative

charter, expressing Congressional determination of intelligence.

jurisdiction for the FBI.

Action to resolve the problems confronting us in the

security, and intelligence fields is urgently needed; and it

must be undertaken in a forthright manner. Neither the Cangress

nor the public can afford to look the other way, leaving it to

the FBI to do what must be done, as too often has occurred in

the past.

This means too that Congress must assume a continuing role

not in the initial decision-making process but in the review of

our performance.

I would caution against a too-ready reliance upon the

courts to do our tough thinking for us. Some proposals that

have been advanced during these hearings would extend the role

of the courts into the early stages of the investigative

process and, thereby, would take over what historically have

been Executive Branch decisions.

I frankly feel that such a trend, if unchecked, would

seriously undermine the independence of the Judiciary and cast

them in a role not contemplated by the authors of our

Constitution. Judicial review cannot be a substitute for Con-

gressional oversight or Executive decision.

The FBI urgently needs a clear and workable determination

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of our jurisdiction in the intelligence field, a jurisdictional

statement that the Congress finds

to be responsive to both

the will and the needs of the American people.

Senators, first and foremost, I am a police officer, a

career police officer. In my police experience, the must

frustrating of all problems that I have discovered facing

law enforcement in this country, Federal, state, and local, is

when demands are made of them to perform their traditional

role as protector of life and property without clear and

understandable legal bases to do so.

I recognize that the formulation of such a legislative

charter will be a most precise and demanding task.

It must be sufficiently flexible that it does not stifle

the FBI's effectiveness

in combating the growing incidence

of crime and violence across the United States.

That charter

must clearly address the demonstrated problems of the past;

yet, it must amply recognize the fact that times change and

so also do the nature and thrust of our criminal and subversive

• challenges.

The fact that the Department of Justice has commenced

the formulation of operational guidelines governing our

intelligence activities does not in any manner diminish the need

for legislation. The responsibility for conferring juris-

diction resides with the Congress.

In this regard, I am troubled by some proposals which

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question the need for intelligence gathering, suggesting that

information needed for the prevention of violence can be

acquired in the normal course of criminal investigations.

As a practical matter, the line between intelligence

work and regular criminal investigations is often difficult

to describe. What begins as an intelligence investigation may

well end in arrest and prosecution of the subject. But there

are some fundamental differences between these investigations

that should be recognized, differences in scope, in objective

and in the time of initiation. In the usual criminal case, a

crime has occurred and it remains only for the Government to

identify the perpetrator and to collect sufficient evidence

for prosecution. Since the investigation normally follows

the elements of the crime, the scope of the inquiry is

limited and fairly well defined.

By contrast, intelligence work involves the gathering of

information, not necessarily evidence. The purpose may well be

not to prosecute, but to thwart crime or to insure that the

Government has enough information to meet any future crisis

or emergency. The inquiry is necessarily broad because it

must tell us not only the nature of the threat, but also whether

the threat is imminent, the persons involved, and the

means by which the threat will be carried out. The ability

of the Government to prevent criminal acts is dependent on

our anticipation of those criminal acts. Anticipation,

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in turn, is dependent on advance information, that is, intelli-

gence.

certainly, reasonable people can differ on these issues.

Given the opportunity, I am confident that the continuing need

for intelligence work can be documented to the full satisfaction

of the Congress. We recognize that what is at stake here is not

the interests of the FBI, but rather the interests of every

citizen of this country. We recognize also that the resolution

of these matters will demand extensive and thoughtful

deliberation by the Congress. To this end, I pledge the

complete cooperation of the Bureau with this Committee or

its successors in this important task.

In any event, you have my unqualified assurance as

Director that we will carry out both the letter and the spirit

of such legislation as the Congress may enact.

That is the substance of my prepared statement.

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I would also like to say extemporaneously that I note

that on this panel are some gentlemen who were on the Judiciary

Committee which heard my testimony at the time I was presented

to them for candidacy as Director of the FBI. At that time

I took very seriously the charge which may possibly result

in the deliberation of this Committee and of the full Senate.

I have been well aware of the problems of the FBI since that

time. I have also been well aware of the capabilities of

the FBI to discharge those responsibilities. I don't take

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them lightly. I am of sufficient experience and age that I

have pledged myself to do what is good and proper. I say this

not as a self-serving statement but in order that we might

place in context my position within the FBI. I could seek

sanctuary and perhaps a safe sanctuary by saying during the

period these things occurred I was with the local police

department in Kansas City, Missouri. Prior to that time,

however, I was in the FBI.

During the time I was with the FBI, during the time I

was with the police department, I continued throughout that

period a close acquaintance with and a strong affection for

the FBI.

I only want to point out that based on those years, based

on those observations, we have here a very fine and very

sensitive and a very capable organization. I feel that there

is much that can still be done. I know that we are not without

fault. I know that from those experiences I have had.. We

will not be completely without fault in the future. But I

assure you that we look upon this inquiry, we look upon any

mandate which you may feel you have, that you should look at

this is good and proper, and we do not intend - I only want

to place in your thinking the fact that you have here a

matchless organization, one which I continue to say was

not motivated in some of these instances, and in most of

them, and I cannot justify some, that the motivation was of the

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best. I am not pleading, as does a defense attorney. I am

only putting in your thinking my objective observations as

a citizen who is somewhat concerned about the future of this

organization. It is too precious for us to have it in

a condition of jeopardy.

Thank you very much.

The Chairman. Thank you, Director Kelley•

I want to turn first to Senator Hart who won't be able

to remain through the whole morning. I think he has one

question he would like to ask.

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Senator Hart of Michigan. Thank you, Mr. Chairman.

Senator Mathias and I have Judiciary Committee hearings at 10:30.

Iahve several questions, and I'm sure they'll be

covered by others, but the ones that I have is a result of

reading your testimony and listening to it this morning, and

it relates to your comment at the foot of page 10 and at the

top of 11.

There you are indicating that you caution us about

extending the court's role in the early stages of investigations

suggesting that this might take us beyound the role comtemplated

for the courts under the Constutution.

Now as you have said, aside from the so-called national

security wiretap problem, the main focus of our discussions

and concern has been on the possibility requiring court

approval for the use of informants, informants directed to

penetrate and report on some group.

And one of the witnesses yesterday, Professor Dorsen,

pointed our that really those informants are the most pervasive

type of an eavesdropping device. It is a human device. It's

really, an informant is really more intrusive on my privacy

than a bug or a tap because he can follow me anywhere. He

can ask me questions to get information the government would

like to have.

Now we certainly involve the courts in approval of the

wiretaps for physical searches with the intent of the drafters

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of the Constitution to have a neutral third party magistrate

screen use of certain investigative techniques. And the

informant is such a technique.

He functions sort of like a

general warrant, and I don't see why requiring court approval

would violate the role envisaged for the courts.

And as I leave, I would like to get your reactions

to

my feelings.

Mr. Kelley. I do not feel that there is any use of the

informant in intrusion, which is to this extent objectionable.

It has of course been approved, the concept of the informant,

by numerous court decisions.

Let us go down not to the moral connotation of the use

of the informant.

I think, as in many cases, that is a matter of balance.

You have only very few ways of solving crines. You have

basically in the use of the informant, I think, the protection

of the right of the victim to be victimized. You have within

the Constitution certain grants that are under ordinary

circumstances abrogation of rights. The right of search and

seizure, which, of course, can't be unreasonable, but none-

theless, you have the right.

I think that were we to lose the right of the informant,

we would lose to a great measure our capability of doing our

job.

Now I'm not arguing with you, senator, that it is not an

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unusual procedure. I'm not even going to say that it is not

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an intrusion, because it is. But it has to be one I think

that is by virtue of the benefits must be counted.

We don't like to use it. We don't like the problems that

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are attendant. We take great care.

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Now you say about the court having possibility taking

jurisdiction over them and guiding. I think that possibly we

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could present the matter to the court but what are they going

to do insofar as monitoring their effort? Are they going to

have to follow it all the way through?

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Also, there is, of course, urgency in the other contacts.

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Must the court be contacted for each and approval of the court

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I frankly feel, and again, all I can do is give you my

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idea -- I frankly feel that there is a satisfactory control over

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the informants as we now exercise it today. Yes, there are

going to be some who will get beyond our control, but this

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Senator Hart of Michigan. Well, I appreciate your

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you yourself said, and I would be more comfortable with a

third party making a judgment as to whether the intrusion is

warranted by the particular circumstance. But I do understand

your position.

Thank you, Mr. Chairman.

The Chairman. Thank you, Senator Hart.

(Senator Hart leaves the hearing room.)

The Chairman. Senator Baker, do you have questions?

Senator Baker. Mr. Chairman, thank you very much.

Mr. Kelley, I have a great respect for you and your

organization and I personally regret that the organization is

in political distress, but we've both got to recognize that

it is, along with other agencies and departments of the

government.

I think you probably would agree with me that even though

that is extraordinarily unpleasant and in many respects

unfortunate, that it also has a plus side. That is, it gives

us an indication of our future direction and the opportunity,

at least, to improve the level of competency and service of

the government itself.

With that hopeful

note, would you be agreeable then to

volunteering for me any suggestions you have on how to improve

the responsiveness of the Federal Bureau of Investigation, or

indeed, for any other law

enforcement agencies of the government,

to the Congress, to the Attorney General, to the President, and

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beyond that, would you give me any suggestions you have on

how you would provide the methods, the access, the documents,

the records, the authority, for the Congress to perform its

essential, I believe, essential oversight responsibility to

see that these functions, these delicate functions

are being

undertaken properly?

And before you answer, let me tell you two or three things

I am concerned about.

It hasn't been long ago that the FBI Director was not

even confirmed by the Senate of the United States. I believe

you are the first one to be confirmed by the Senate of the

United States. I think that is a movement in the right

direction. I think the FBI has taken on a stature that, an

additional importance that requires it to have closer supervision

and scrutiny by us.

At the same time I rather doubt that we can become

involved in the daily relationship between you and the Attorney

General.

Therefore, I tend to believe that the Attorney General

needs to be more directly involved in the operations of the

FBI.

I would appreciate any comments on that.

Second, I rather believe that major decisions of the

intelligence community and the FBI ought to be in writing, so

that the Congress can, if it needs to in the future, take a

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look at these decisions and the process by which they were

made to decide that you are or you are not performing your

services diligently.

I don't think you can have oversight unless you have

access to records, and in many cases records don't exist

and in some cases the people who made those decisions are now

departed and in other cases you have conflicts.

How would you suggest. then that you improve the quality

of service of your agency? How would you propose

that you

increase the opportunity for oversight of the Congress of the

• United States? What other suggestions do you have for improving

the level of law enforcement in the essential activity that

is required?

Mr. Kelley. I would possibly be repetitious in answering

this Senator, but I get a great deal of pleasure from telling

what I think is necessary and what I hope that I have followed,

one which is beyond my control, but which I think is very

important is that the position of Director, the one to which

great attention should be paid in choosing the man who will

properly acquit himself.

I feel that the Judiciary Committee, at least in going

over me, did a pretty good job. I feel that it is most

necessary that care be taken that his philosophy, his means

of management, his facility to adapt to change, his tendency

toward consulting with other members of the official family,

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that he be willing to, for example, go through oversight with

no reticence, and that I think that he should be chosen very

carefully.

I think further that he should be responsible for those

matters which indicate impropriety or illegality.

Senator Baker. Could you stop for just a second? Who

does he work for? Does the Director, in your view, work for

the President of the United States, for the Attorney General,

for the Justice Department, for

the Executive Branch?

Who does the executive. of the FBI, the Director of the

FBI, be responsible to, who should he be responsible to?

Mr. Kelley. Jurisdictionally, to the Attorney General,

but I think this is such an important field of influence that

it is not at all unlikely that we can expand it to the

judiciary, the legislative, and of course, we are under the

Attorney General.

Senator Baker. Do you have any problems with the idea

of the President of the United States calling the Director of

the FBI and asking for performance of a particular task?

Does that give you any difficulty? Or do you think that

the relationship between the FBI Director and the President

is such that that is desirable, or should it be conduited

through the Attorney General?

Mr. Kelley. I think it should be in the great majority

of the cases conduited through the Attorney General. There

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has been traditionally some acceptance of the fact that if

the President wants to see and talk with the Director, he

may do so, call him directly.

It has been my practice in such an event to thereafter

report to the Attorney General, whoever it might be, that I

have been called over and I discussed and was told. And this

was revealed in full to them.

Senator Baker. I suppose we could pass a statute that

says the President has to go through the Attorney General,

although I rather suspect it would be a little presumptuous.

But to go the next step, do you think it is necessary

for the pursuit of effective oversight on the part of the

Congress, to have some sort of document written, or at least

some sort of account of a Presidential order or an order of

the Attorney General given to a Director of the FBI?

Do you think that these things need to be handled in

a more formal way?

Mr. Kelley. Personally, it would be my practice in

the event I receive such an order, to request that it be

documented. This is a protection as well as a clarification

as to whether or not it should be placed as part of legislation.

I frankly would like to reserve that for some more considera-

tion.

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Senator Baker. Mr. Kelley, Attorney General Levi, I

believe, has already established some sort of agency or

function within the Department that is serving as the equivalent,

I suppose, of an Inspector General of the Justice Department,

including the FBI.

Are you familiar with the steps that Mr. Levi has

taken in that respect? I think he calls it the Office of

Professional Responsibility.

Mr. Kelley. Yes, sir, I'm familiar with it.

Senator Baker. Do you have any comment on that? Will

you give us any observations

as to whether you think that

will be useful, helpful, or whether it will not be useful or

helpful, how it affects the FBI, how you visualize your

relationship to it in the future?

Mr. Kelley. I don't object to this, which is to some

extent an oversight within the Department of Justice under the

Attorney General.

Frankly, it just came out. I have not considered it

completely, but to the general concept, yes, I very definitely

subscribe.

Senator Baker.

HOW

would you feel about extending that

concept of government-wide operation, a national Inspector

General who is involved

with an oversight of all of the

agencies of government as they interface with the Constitutionally

protected rights of the individual citizen? Would you care

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to comment on that, or would you rather save that for a while?

Mr. Kelley. I would like to reserve that one.

Senator Baker. I'm not surprised. Would you think about

it and let us know what you think about it?

Mr. Kelley. I will..

Senator Baker.

All right. Mr. Chairman, thank you very

much.

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The Chairman. Senator Huddleston.

• Senator Huddleston. Thank you, Mr. Chairman.

Mr. Kelley, you describe on page 4 the conditions that

existed when much of the abuse that we have talked about during

this inquiry occurred, indicating that the people within the

Bureau felt like they were doing what was expected of them

by the President, by the Attorney General, the Congress and

the people of the United States.

Does not this suggest that there has been a reaction

there to prevailing attitudes that might have existed in the

country because of certain circumstances rather than any

clear and specific direct instructions that might have been

received from proper authorities? And if that is the case,

is it possible in developing this charter, this guideline,

to provide for that kind of specific instruction?

Mr. Kelley. I think so, yes. I think that they can

logically be incorporated and that --

Senator Huddleston. You can see there would be a continuing

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danger if any agency is left to simply react to whatever the

attitudes may be.at a specific time in this country because

Mr. Kelley. Senator, I don't contemplate it might be

a continuing danger, but it certainly would be. a very acceptable

guidepost whereby we can, in the event such a need seems

to arise, know what we can do.

Senator Huddleston. Well, in pursuing the area which

Senator Hart was discussing, that is whether or not we can

provide sufficient guidelines would replace a decision by the

court in determining what action might be proper and specific -

ally in protecting individual's rights, can't we also

provide the restrictions and guidelines and the various

techniques that might be used?

For instance, supposing

we do establish the fact, as

has already been done, that informants are necessary and

desirable. How do we keep that informant operating within the

proper limits so that he in fact is not violating individual

rights?

Mr. Kelley. Well, of course, much of the reliance must

be placed on the agent and the supervision of the FBI to assure

that there is no infringement of rights.

Senator Huddleston. But

this is an aware we've gotten

into some difficulty in the past. We have assumed that the

particular action was necessary, that there was a present

threat that some intelligence programs should be initiated, but

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in many cases it has gone beyond what would appear to have been

necessary to have addressed the original threat.

How do we keep within the proper balance there?

Mr. Kelley. Well, actually, it's just about like any

other offense. It is an invasion of the other individual's

right and it is by an officer and an FBI agent is an officer.

There's the possibility of criminal prosecution against him.

This is one which I think might flow if he counsels

the informant.

Now insofar as his inability to control the informant,

I don't suppose that would warrant prosecution, but there is

still supervisory control over that agent and over

that

informant by insisting that control is exercised on a continuing

basis.

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Senator Huddleston. It brings up an interesting point

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as to whether or not a law enforcenent agency ought to be

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else.

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If a White House official asks the FBI or someone to do

something unlawful, the question seems to me to occur as to

whether or not that is not a violation that should be reported

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Mr. Kelley. I think that any violation which comes to

our attention should either be handled by us or the proper

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Senator Huddleston. But that hasn't been the case in the

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past.

Mr. Kelley. Well, I don't know what you're referring

to but I would think your statement is proper.

Senator Huddleston. Well, we certainly have evidence

of unlawful activity taking place in various projects that

have been undertaken, which certainly were not brought to

light willingly by the FBI or by other law enforcement agencies

The question that I'n really concerned about is as

we attempt to draw a guideline and charters that would give

the Agency the best flexibility that they may need, a wide

range of threats, how do we control what happens within each

of those actions to keep them from going beyond what

was intended to begin with?

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Mr. Kelley. You're still speaking of informants.

Senator Huddleston. Not only informants but the agents

themselves as they go into surveillance, wiretaps, or whatever

intelligence gathering techniques.

The original thrust of my question was, even though we

may be able to provide guidelines of a broad nature, how do

we control the techniques that might be used, that int themselves

might be used, that in themselves might be a serious violation

of the rights.

Mr. Kelley. Well, first, I don't know whether it's

germane to your question but I do feel that it should be pointed

out that the association to, the relationship between the

informant and his agent handler is a very confidential one,

and I doubt very seriously whether we could have any guide-

lines, where there might be an extension of any monitors here

because thereby you do have a destruction of that relationship.

Insofar as the activities of agents, informants or others

which may_be illegal, we have on many occasions learned of

violations of the law on the part of informants, and either

prosecuted ourselves, through the reporting of it to the

United States Attorney, or turned it over to the local authority.

We have done this on many a time, many occasions. Insofar

as our own personnel, we have an internal organization, the

Inspection Division, which reviews this type of activity, and

if there be any violation, yes, no question about it, we would

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pursue it to the point of prosecution.

Senator Huddleston. But it could be helped by periodic

review.

MI. Kelley. We do, on an annual basis, review the

activities of our 59 offices through that same Inspection

Division, and they have a clear charge to go over this as well

as other matters.

Senator Huddleston. Mr. Kelley, you pointed. out the

difference in the approaches when gathering intelligence, in

gathering evidence after a crime has been committed.

Would there be any advantage, or would it be feasible to

attempt to separate these functions within the Agency, in the

departments, for instance, with not having a nixing of

gathering intelligence and gathering evidence? Are the techniques

definable and different?:

Mr. Kelley. Senator, I think they are compatible. I

see no objection to the way that they are now being handled

on a management basis. I think, as a matter of fatt, it is

a very fine association whereby the intelligence, stemming as

it does from a substantive violation, is a natural complement.

Senator Huddleston. Now, another area, the FBI furnishes

information to numerous government agencies.

Is this properly restricted and controlled at the present

time in your judgment as to just who can ask the FBI for

information, what kind of information they can ask for, and

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probably even more importantly, what restrictions can be put

on the use of that information once it has been supplied by

the FBI?

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Mr. Kelley. I think so, Senator.

Senator Huddleston. You think there are proper restrictions

now?

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Mr. Kelley. I don't know that we can ourselves judge

in all cases whether or not there is good and sufficient reason

for an Agency to inquiry. I think that there should be a

very close delineation by the agencies as to what they're

going to ask for, but I think that we do have sufficient rules

that at least to us we are satisfied.

Senator Huddleston. You're confident that the information

your agency supplies is not being misused, to the detriment

of the rights of any individuals.

Mr. Kelley. Senator, I'm only confident in what I

do myself. I would say that I am satisfied.

Senator Huddleston. I was wondering whether some

inclusion ought to be made in whatever charter is made as to

who specifically can request, what limits ought to be placed

on what the request, and what they can do with it after they

get it.

Mr. Kelley. Yes.

Senator Huddleston. I have some concern about the fact

that in intelligence gathering, you gather, you are just

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bound to gather a great deal of information about some

individual that is useless as far as the intent of the intelli-

gence gathering is concerned, but might be in some way embarras-

sing or harmful to the individual, whether or not there's any

effort to separate this kind of information out of a person's

file that is really initiated for a purpose, for a specific

purpose unrelated to this information.

Is there any effort, or could any direction be given to

doing that?

Mr. Kelley. We would be very happy to work under the

guidelines or rules or anything else to purge material which

is extraneous, irrelevant, or for any other reason objection-

able.

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Senator Huddleston.

And how about the length of time

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Mr. Kelley. We are willing to work within that framework,

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Senator Huddleston. I think that might be done.

Now, I think in developing the chain of command, so to

speak, it certainly would be very difficult to prevent the

President of the United States from calling up the head of

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problem he might so desire, and perhaps even give direction

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But how about that? What about White House personnel

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who might also be inclined to call the Director and ask him

to do specific things?

Could there be some clearcut understanding as to whether

or not the Director would be obligated to undertake any such

project, that just anybody at the White House might suggest?

Mr. Kelley. It's very clear to me that any request must

come, from Mr. Buchen's office, and that it be, in any case,

wherein it is a request for action, that it be followed with

a letter so requesting.

This has come up before during the Watergate hearings, as

I think it has been placed very vividly in our minds, in

take care that you just don't follow the request of some .

underling who does not truly reflect the desire of the President.

Senator Huddleston. Just one more question about

techniques, aside from the guidelines of authority on broad

projects undertaken.

Would it be feasible from time to time in a Congressional

oversight committee, would be able to discuss with the Department,

with the Bureau various techniques so that they could have

some input as to whether or not these actions are consistent.

with the overall guidelines, to start with, and consistent

with the very protections?

Mr. Kelley. Senator, I have already said.to.the

oversight committee of the Senate that so far as I can now

see, the only thing that would be withheld is the identity of

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informants. We'll discuss techniques, we'll discuss our

present activities. I think this is the only way that we can

exchange our opinions and get accomplished what you want to

accomplish and what I want to accomplish.

Senator Huddleston. I feel that is an important aspect

of it because even though you have a charter which gives broad

direction for all the guidelines and to the types of projects

that enter into it, if we don't get down to specifics, such

things as how intelligence is to be collected, how evidence

is to be collected, what is done after it is collected, this

type of thing, it seems to me we are leaving a wide gap

again for the Bureau to assume that it has total instruction

and total permission to move in a certain direction and go

beyond what is intended or what was authorized.

Thank you, Mr. Chairman, and MI. Director.

The Chairman. Senator Goldwater?

Senator Goldwater. Mr. Kelley, as part of the FBI

electronic surveillance of DI. King, several tapes of

specific conversations, and later a composite King tape were

produced.

Are these tapes still in the possession of the FBI?

MI. Kelley. Yes, sir.

Senator Goldwater. Have they been reviewed by you?

Mr. Kelley. No, sir.

Senator Goldwater.

Have they been reviewed by any of your

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staff, to your knowledge?

Mr. Kelley. Senator, I think that they have been reviewed.

I know that at least some have reviewed it within the area of

this particular section. There has been no review of them

since I came to the FBI, I can tell you that.

Senator Goldwater. Would these tapes be available to

the Committee if the Committee felt they would like to hear

them?

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Mr. Kelley. This, Senator Goldwater, is a matter which is

of, as I said before, some delicacy, and there would have to

be a discussion of this in an executive session.

The Chairman. I might say in that connection that the

Committee staff gave some consideration to this matter and •

decided that it would compound the original error for the

staff to review the tapes, because that would be a still

further invasion of privacy, and so the staff refrained from

insisting on obtaining the tapes, believing that it was

unnecessary, and quite possibly improper, in order to get at

what. we needed to know about the King case.

So the staff did refrain, and for that reason the issue

never came to a head. I just wanted to lay that information

before the Senator.

Senator Goldwater. I realize that's a prerogative of

the staff, but it's also the prerogative of the Committee if,

and I'm not advocating it, if we wanted to hear them to

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ourselves whether Mr. Hoover was off on a wild goose chase

or whether there was, in effect, some reason. Again, I am

not advocating it, I am merely asking à question. They would

be available if the Committee took a vote to hear them and

decided on it.

Mr. Kelley. I don't think it would be within my juris-

diction to respond to this, Senator. It would have to be the

Attorney General.

Senator Goldwater. I see.

Now, are these tapes and other products of surveillance

routinely retained even after an individual ceased to be a

target of inquiry?

Mr. Kelley. They are retained usually for ten years.

Senator Goldwater. Ten years.

Mr. Kelley. Yes, sir.

Senator Goldwater. What is the future value, if any,

to the Bureau of retaining such information?

Mr. Kelley. If there be guidelines that set out a

destruction or erasure, we will abide by it. We will, on those

occasions where we think that matters might come up within

that period of time which may need the retention of them, we

will express our opinion at that time, but other than that

we would be guided by guidelines.

Senator Goldwater. Is it your view that legitimate

law enforcement needs should outweigh privacy considerations

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with respect to retention of such information, or do we need

the clear guidelines on the destruction of these materials

when the investigation purposes for which they were collected

have been served?

MI. Kelley. We feel that there should be a good close

look at the retention of material, and we would of course like

to have an input. But we welcome consideration of this

Senator Goldwater. That is all I have, Mr. Chairman.

you very much.

The Chairman. Thank you, Senator.

Senator Mondale?

Senator Mondale. Mr. Director, it seems to me that the

most crucial question before the Congress is to accept the

invitation of the FBI to draw Congressionally imposed lines,

limits of authority so the FBI will know clearly what you can

and cannot do, so you will not be subject to later judgments,

and the question is, where should that line be drawn?

As you know, in 1924 when the FBI was created, and

Mr. Stone later became the Chief Justice, he drew the line at

criminal law enforcement. He said that never again will we

go beyond the authority imposed upon us to get into political

ideas. We will stay in the area of law enforcement.

Would you not think it makes a good deal of sense to

draw the guidelines in a way that your activities are

restricted to the enforcement of the law, investigations of

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crime, investigations of conspiracies to commit crime rather

than to leave this very difficult to define and control area

of political ideas?

Mr. Kelley. I don't know whether I understand your last

statement of involving the area of political ideas. I say that

I feel that certainly we should be vested and should continue

in the field of criminal investigations as an investigatory

objective. These are conclusions, of course, which are based

on statutes in the so-called security field, national or

foreign.

These are criminal violations. I feel that they should

be in tandem. I feel, having worked many years in this

atmosphere, that you have more ears and eyes and you have

more personnel working together, covering the same fields..

I do not think there should be a separation of the intelligence

matters, because it is a concomitant. It naturally flows

from the investigation of the security matters and the

criminal.

Senator Mondale. Mr. Kelley, what Mr: Stone said was

this, that the Bureau of investigation is not concerned

with political or other opinions of individuals. It is

concerned only with such conduct as is forbidden by the laws

of the United States.

When the police system goes beyond

these limits, it is dangerous to proper administration of

justice and human liberty.

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Do. you object to that definition?

MI. Kelley. I think that life has become much more

sophisticated and we have added to the so-called policeman's

area of concern some matters which were probably not as important

at that time. I think that the fact that the FBI has been in

touch with the security investigations and the gathering of

intelligence is something which has proved to be at times

troublesome and given us great concern, but it is a viable,

productive procedure.

I don't know what Mr. Stone was thinking of entirely

of this course, but I can tell you about the procedure today:

Senator Mondale. You see, I think you recognize, if

that further step is taken, as you're recommending here, that

at that point it becomes

so difficult to guarantee, and in

fact, in my opinion, impossible to guarantee that we won't

see a recurrence of some of the abuses that we've seen in

the past, and I don't know how you establish any kind of

meaningful oversight.on a function as nebulous as the one

you've just defined.

If the FBI possesses the authority. to investigate

ideas that they consider to be threats to this nation's

security, particularly in the light of the record that we have

seen how that definition can be stretched to include practi-

cally everybody, including moderate civil rights leaders,

war dissenters and so on, how on earth can standards be developed

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that would provide any basis for oversight?

How can you, from among other things, be protected from

criticism later on that you exceeded your authority or didn't

do something that some politician tried to pressure you into

doing?

Mr. Kelley. It might well be, Senator, that ten years

from now a Director of the FBI will be seated here and will be

criticized for doing that which today is construed as very

acceptable.

Senator Mondale. Correct. And I have great sympathy

for the predicament the FBI finds itself in.

Mr. Kelley. And the Director.

Senator Mondale. And the Director especially, and that is

why I think it's in the interest of the FBI to get these lines

as sharply defined as possible, so that when you are pressured

to do things, or when, after the fact, people with good 20/20

hindsight can criticize you or the Bureau, that you can say

well, here are the standards that you gave us, and they specific-

ally say this, and that is your answer. We have to live by

the law. If we don't define it specifically, it seems to me

that these excesses could reoccur, because I don't think it's

possible to define then, and the FBI is inevitably going to

be kicked back and forth, depending on personal notions of what

you should have done.

Don't you fear that?

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Mr. Kelley. Not too much, Senator. I think we learned a

great lesson by virtue of Watergate, the revelations that have

come up as a result of this Committee's inquiries, the fact

that I think that we have a different type of spirit today

in the Bureau, the fact that, as I said before, you came in,

that I think the Bureau is a matchless organization, and they

are eager to do that which is vital and proper, and the fact

that we are getting a number of very fine young people in the

organization, people of the other ethnic backgrounds than we

had years ago. I think there is a greater understanding in

the Bureau today of what is the proper type of conduct.

We may not be able to project this on all occasions,

because we must equate this with the need and with our

experience, but if the precise guidelines be the goal, you're

going to have trouble. It, on the other hand, there be a

flexibility, I think that we can work very well within those

guidelines.

Senator Mondale. I think, as you know, I don't think

there is a better trained or higher professionally qualified

law enforcement organization in the world than the FBI. I

think we all agree it is superb. But the problem has been,

from time to time, that when you go beyond the area of

enforcing the law into the area of political ideas, that you

are subject to and in fact you leave the criminal field, you

get into politics. And that is where, it seems to me, that the

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great controversy exists, and where you are almost inevitably

going to be subjected to fierce criticism in the future, no

matter how you do it. Once you get into politics, you get

into trouble.

Mr. Kelley. I agree to that, and I point out that in almost

every branch of the government and in every part, as a matter

of fact, every segment of our society, there are some who deviate

from the normal course. I feel that within the Bureau there is

less likelihood of this to happen, and I think that working

with you we can at least make some achievements that will be

significant.

Now, whether it be lasting, I don't think so, but I

think we've made a good start.

Senator Mondale. In your speech in Montreal on August

9th, you said we must be willing to surrender a small measure

of our liberties to preserve the great bulk of them.

Which liberties did you have in mind?

Mr. Kelley. Well, of course, this speech has been mis-

understood many, many times.

Senator Mondale. Well, I want you to have a chance to

clear it up.

MI. Kelley. All that was intended here was a restatement

of the approach which the courts historically have used in

resolving most issues of Constitutional importance, and its

recognition that rights are not susceptible to absolute

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protection. It's a matter of balance. Even in the Fourth

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Amendment, for example, which protects the right of privacy, it

does not prohibit searches and seizures. I mention, it only

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refers to those that are unreasonable.

I came from the police fiedd. What is more restrictive

to more people than traffic regulation? But what would be

more chaotic is of you did not have traffic regulation. We

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do have to , in order to love in the complexities and

intricacies of today's life, have to give up some of our

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rights.

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If

it

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has to be a balance.

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is

Senator Mondale.

So that when you say we have to give

up some liberties, or as you just said, some rights, what you

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mean -- let me ask. Let me scratch. that and ask again, you

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have to give up some tights. Which rights would you have us

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give up?

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Mr. Kelly. Well, under the Fourth Amendment you would

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have the right for search and seizure.

Senator Mondale. "You wouldn't give up the Fourth Amend-

ment right.

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Mr. Kelley. Oh, no not the right.

Senator Mondale.

What right do you have in mind?

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Mr. Kelley. The right to be free from search and seizute.

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Senator Mondale. There's no such right in the Consti-

tution. You can have such seizures, but they must be reasonable,

under court warrant.

• Did you mean to go beyond that?

Mr. Kelley. That's right.

Senator Mondale.

That you should be able to go beyond

that?

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Mr. Kelley. No, no. I do not mean that we should ever

go beyond a Constitutional right guarantee.

Senator Mondale. Well, would you say, Mr. Kelley, that

that sentence might have been inartful in your speech?

Mr. Kelley. I said that if it was misunderstood, I

made a mistake, because I should never make a statement which

yes, it was inartful.

Senator Mondale. I think I know about your record in

law enforcement well enough to tell you that I think you were

saying something different, that it was taken to mean something

different than I think you intended.

What you are saying is that in the exercise of your law

enforcement powers, the rights of individuals is determined

by the laws and the courts, but the courts, in the handling

of those issues, have to balance rights and other values.

That's what you're essentially saying, is that correct?

Mr. Kelley. Senator, I ought to have you write my

speeches so that I don't have any misunderstandings. I didn't

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understand that to be at the time anything that was unusual.

I have to admit that maybe I made a mistake.

Senator Mondale. What you are saying in effect is that

in effect, the rights: of the American people can be determined

not by the Director of the FBI but by the courts and by the

law.

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You meant that.

MI. Kelley. Indeed, yes, sir.

Senator Mondale.

All right.

Thank you.

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The Chairman. Senator Hart.

Senator of Colorado. MI. Kelley, in response to

a question by Senaotr Mondale, one of his first questions about

laying down guidelines, it seems to me what you were saying was

we could work together. That is to say the Bureau and the

Congress, lay down guidelines that would not unreasonably

hamper you from investigations of crime control in the

country.

But I think implicit in his question was also an area

that you didn't respond to, and that is how do you, what kind

of guidelines do you lay down to protect you and the Bureau

from political pressure, the misuse of the Bureau by political

figures, particularly in the White House?

And we've had indications that at least two of your

predecessors, if not more, obviously were corrupted and Mr.

Gray was under great pressure from the White House to use

the facilities of the Bureau and their capabilities to accomplish

some plititcal end.

well, it seems to me you were arguing in favor of fewer

restrictions so you could get on with your job, but that is

not what Senator Mondale and the rest of us are interested in.

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What kindof restrictions can we lay down to protect you

from political pressures?

I'd be interested in that sign of the

coin, if you would.

Mr. Kelley. I would welcome any guidelines which would

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protect me or any successor from this type of thing. I think

that would be splendid. I have not reviewed the guidelines

as prepared to the present date by the Department. It might

be that they are well defined in there. But I welcome any

consideration of such directives.

Senator Hart of Colorado.

Do you think this is a problem?

Mr. Kelley. No, sir, not with me.

Senator Hart of Colorado. Do you think that it has been

a problem for the people that preceded you?

Mr. Kelley. I think so.

Senator Hart of Colorado. And that's a problem the

Congress ought to address?

Mr. Kelley. I think so.

Senator Hart of Colorado. The Committee received a

letter from the Department of Justice a couple of days, the

Assistant Attorney General asking our cooperation in carrying

out the investigation or their efforts to review the investi-

gation conducted by the FBI into the death of Martin Luther

King, Jr., in order to determine whether that investigation

should be re-opened. They asked our cooperation, they asked

for our transcripts, the testimony before the Committee, all

material provided to the Conmittee by the FBI which relates

to Dr. King and the Southern Christian Leadership Conference.

I guess my question is this: Why is the Justice Depart-

ment asking this Comnittee for IBI files?

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Mr. Kelley. I don't think they're asking for files.

I think they're asking for what testimony was given by

witnesses whose testimony has not been given up. I don't know.

Senator Hart of Colorado. I'll quote it. "And all

material provided to the Committee by the FBI which relates

to DI. King and the Southern Christian Leadership Conference."

I repeat the question. Why is the Justice Department

asking this Committee for material provided to us by the

FBI?

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Mr. Kelley. Frankly, I don't know. Do you mind if I

just ask --

(Pause)

Mr. Kelley. I am informed, and I knew this one.

Everything that was sent to you was sent through them. Did

they have a copy also? Yes, they had a retained copy. I

don't know why.

Senator Hart of Colorado.

So there's nothing you

provided us that's not available to the Justice Department?

Mr. Kelley. That's right.

Senator Hart of Colorado. And you can't account for why

an official of the Justice Department would ask this Committee

for your records?

Mr. Kelley. No, sir.

Senator llart of Colorado. You released a statenent on

November the 18th of '74 regarding the FBI's. counter-intelligence

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program and you said you made a detailed study of COINTELPRO

activities and reached the following conclusions, and I quote:

"The purpose of these counter-intelligence programs was

to prevent dangerously and potentially deadly acts against

individuals, organizations and institutions both public

and private across the United States."

Now we had an FBI informant in the other day before this

Committee and he stated he told the FBI on a number of.

occasions he planned violent acts against black people in

groups. And yet, he said few, if any, instances in which the

FBI actually prevented violence from taking place.

How does his testimony square with your statement that

I have quoted?

Mr. Kelley. It doesn't, and I don't know if any of

his statements contrary to what we have said is the truth.

We don't subscribe to what he said. We have checked into it

and we know of no instances where,. for example, 15 minutes

and that type of thing has been substantiated.

Senator Hart of Colorado. You're saying the testimony

he gave us under oath was not accurate?

Mr. Kelley. Right.

Senator Hart of Colorado. You also said in that statement,

and I quote: "I want to assure you that Director Hoover did

not conceal from superior authorities the fact that the FBI

was engaged in neutralizing and disruptive tactics against

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revolutionary and violence-prone groups.

Now the Committee has received testimony that the New

Left COINTELPRO programs was not in fact told to higher

authorities, the Attorney Gereral and Congress.

Do you have any information in this regard?

I know in that statement you cite onw or two instances,

but in terms of the bulk of COINTEL programs, the record

seems to date at least to be clear that there was not systematic

information flowing upward through the chain of command to

Director Hoover's superiors:

Mx. Kelley. May I ask that I be given the opportunity

to substantiate that with documentation?

Senator Hart of Colorado. Sure.

Mr.. Kelley: Or respond to it.

Senator Hart of Colorado. Dorector Kelley, just in

passing, do you agree with the statement made by President

Ford that those responsible for harassing and trying to destroy

DI. King should be brought to justice.

Mr. Kelley. Those who directly responsible and upon whose orders

the activities were taken responsible. I don't know if he intended to say

that, but if he did not, I would say that it would be more proper. Insofar

as my own opinion is concerned, that it be centered on those who said

to do it and those who are responsible.

I: took the responsibility for any such program and I

don't expect that those under me would be not acting in

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some reservation, but they do it on my orders. I accept that

responsibility.

I think that it should rest on those who instructed that

that be done.

Senator Hart of Colorado. But you agree that the people

who give the orders should be brought to justice.

Mr. Kelley. I do.

The Chairman. Aren't they all dead?

ic. Kelley. No.

The Chairman. Not quite?

Mr. Kelley. Not quite.

Senator Hart of Colorado. That's all, Mir. Chairman.

The Chairman. Thank you, Senator.

Director Kelley, in the Committee's review of the

COINTELPRO program and other political involvements of the

FBI, it seems to me that we have encountered two or three

basic questions.

Since the investigation is over insofar as the Committee

is concerned, we're now turning our attention to remedies for

the future, what I would think vould be our constructive

legislative work, it is very important that we focus on what

we learned in that investigation.

And one thing that we have learned is that Presidents of

the United States have from time to time ordered the FBI to

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obtain for them certain kinds of information by exercising the

necessary surveillance to obtain. and to have a purely

political character, that they simply wanted to have for their

own personal purposes.

I think that you would agree that that is not a proper

function of the FBI,, and you agree.

Yet it's awfully difficult for anyone in the FBI,

including the Director, to turn down a President of the United

States if he receives a direct order from the President. It

is always possible, of course, to say no, and if you insist,

I will resign. But that puts a very hard burden on any man

serving in your position, particularly if the President puts

a good face on the request and makes it sound plausible or

even invents some excuse. It is alvavs easy for him to say,

you know, I am considering Senator White for an important

position in my administration, and I need to know more about

his activities, particularly of late. I've had some cause

for concern and I want to be certain that there is nothing in

his record that would later embarrass me, and I just want you

to keep careful track of him and report to me on what he's

been doing lately.

It's difficult fur you to say back to the President, ir.

President, that's a very questionable activity for the FSI,

and I frankly don't believe that you've given me the real

reason why you want this man followed. I think his opposition

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to your current policy is politically embarrassing to you and

you want to get something on him.:

I mean, you know, the Director can hardly talk back that

way, and I'm wondering what we could do in the way of protecting

your office and the FBI from political exploitation in this

basic charter that we write.

Now, I want your suggestions, but let's begin with one

or two of mine. I would like your response.

If we were to write into the law that any order given you

either by the President or by the Attorney General should be

transmitted in writing and should clearly state the objective

and purpose of the request and that the FBI would maintain

those written orders and that furthermore they would be

available to any oversight committee of the Congress. If the

joint conmittee on intelligence is established, that committee

would have access to such a file.

So that the committee itself would be satisfied that

orders were not being given to the FBI that were improper or

unlawful.

What would you think of writing a provision of that kind

into a charter for the FBI?

Mr. Kelley. I would say writing into the law any order

issued by. the President that is a request for action by the

Attorney General should be in writing, is certainly, in my

opinion, is a very plausible solution. I'm sure that in

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contemplation of this there would be some that will say yes

or some that will say no, but I think we could define an

area where you are trying to cure the abuses and we could

do that.

Now as to the availability to any oversight committee

of Congress, I would say generally that I certainly would have

no objection to this, but I again, there may be some request

for something of high confidentiality that the President might

put in writing such as

some national or foreign security

matter.

I would like to have such a consideration be given a

great deal of thought and that the oversight committee review

be conditioned with that possibility. I don't think it would

present a problem.

I have said previously that I feel I can discuss every-.

thing except the identity of the informants to the oversight

committee. I welcome that.

The Chairman. Well, that has been of course the way we

proceeded with this Committee. It has worked pretty well,

I think.

Now Senator Goldwater brought up a question on the

Martin Luther King tapes.

I would like to pursue that question

If these tapes do not contain any evidence that needs

to be preserved for ongoing criminal investigations, and since

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why are they preserved? Why aren't they simply destroyed?

Is there a problem that we can help through new law to enable

the FBI to remove from its files so much of this information

that is has collected that it is no longer needed or may never

have connected the person with any criminal activity? And

yet, all of that information just stays there in the files

year after year.

What can we do? How can a law be changed? If that's

not the problem, then what is? thy are these tapes still down

there at the FBI?

Mr. Kelley. Mell, of course, we do have the rule that

they are maintained ten years. Now why the rule is your

question and why right now are they maintained? Since we

do maintain everything since the inquiry has started and until

that's lifted, we can't destroy anything.

I would say that this is a proper area for guidelines

or legislation and again, as I have said, there should be

some flexibility and I know that's a broad statement but there

might be some areas wherein that the subject of the investigation

himself may want them retained because it shows his innocence.

I think you have to deliberate this very carefully, but

it can be done and we are willing to be guided by those

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to Federal positions. As a natter of fact, the only time I

ever see an FBI agent is when he comes around and flashes his

badge and asks me a question or two about what I know of Mr.

so and so, who's being considered for an executive office.

And we have a very brief conversation in which I tell him that

as far as I know, he's a loyal and patriotic citizen, and that

is about the extent of it.

Then when this file is completed and the person involved

is either appointed or not appointed, what happens to that

file? I know it's full of all kinds of gossip because it is

in the nature of the investigation to go out to his old

neighborhoods and talk to everybody who might have known him.

What happens to the file? Is that just retained forever?

Mr. Kelley. We have some capability of destroying some

files and they are rather lengthy insofar as retention. We

have some archival rules which govern the retention of mateial

and is developed in cases involving certain members of the

Executive Branch of the government.

I see no reason why this would not be a proper area

for consideration of legislation.

The Chairman. Can you give me any idea of how much --

do you have records that would tell us how much time and money

is being spent by the FBI just in conducting these thousands

of routine investigations on possible Presidential appointments

to Federal offices?

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Mr. Kelley. I feel confident we can get it. I do not

have it now, but if you would like to have the annual cost

for the investigation of Federal appointees --

The Chairman. Yes. Plus, you know, plus any other

information that would indicate to us what proportion of the

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activity.

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Mr. Kelley. I can tell you it is relatively small, but

I can get you, I think, the exact amount of time and the

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a matter we need riore information about. And when you supply

that data to the Cormittee, would you also supply the number

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of such investigations each year?

You know, I don't expect you to go back 20 or 25 years,

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of the last few years. For example,

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enough to give us an idea of how much time and how broad the

reach of these investigations may be.

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That is to say where legitimate national security interest might

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is a reason to make a close check on

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past associations, attitudes and expressions of belief.

I have often wondered whether we couldn't eliminate

routine Federal offices that are not particularly sensitive

in the national security sense from the reach of these FBI

checks.

And so when you respond to the series of questions, I

wish you would include the offices that are now covered by

such checks and give us an idea of how far down into the

Federal bureaucracy this extends.

Could you do that?

Mr. Kelley. Yes, sir.

The Chairnan. Fine.

Now there is a vote. The vote always comes just at

the wrong time, but Mr. Schwarz wants to ask you some additional

questions for the record, and there may be other questions,

too that would be posed by the staff, after which I will as!

Mr. Schwarz to adjourn the hearings. It looks like we're going

to be tied up on the floor with votes.

But before I leave I want to thank you for your testimony,

lix. Kelley, and to express my appreciation to you for the

way you have cooperated with the Committee in the course of

its investigation during the past months.

Mr. Kelley. Thank you.

The Chairman. And I hope, as you do, that as a result

of the work of the Committee we can write a generic law for

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the FBI that will help to remedy many of the problems we'll

encounter in the future.

Thank you.

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Mr. Schwarz. Mr. Kelley, I'll try to be very brief.

On page 5 of your statement --

Mr. Kelley. What?

Mr. Schwarz. On page 5 of your statement, the third

full paragraph, you said the following, and I would like then

to question about what you said. "We must recognize that

situations have occurred in the past and will arise in the

future where the Government may well be expected to depart from

its traditional role, in the FBI's case, as an investigative

and intelligence-gathering agency, and take affirmative steps

which are needed to meet an imminent threat to human life or

property."

Now, by that you mean to take what kind of steps in what

kind of situation?

And can you give some concrete examples under your general

principles statement?

Mr. Kelley. I think that Mr. Adams addressed himself to

that the other day, where you have an extremist who is an

employee at the waterworks, and he makes a statement that he's

going to do something which is devastating to the city, and you

have no way to attack this under the ordinary procedures, and

so therefore you must take some steps to meet that imminent

threat to human life or property.

Mr. Schwarz. So let us take that case as a test of the

principle. You are saying the extremist has said he is going

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to do something to the waterworks, poison it or something, and

he is on the way down there with the poison in his car.

Is that the presumption?

Mr. Kelley. We hadn't gone that far, but all right, you

can extent it.

Mr. Schwarz. All right, now, in that case you have the

traditional law enforcement tool, which is the power of arrest.

Mr. Kelley. Not under probable cause where he has not

gone down there. The hypothetical we gave was one where he had

not taken any overt acts in perpetration of this.

Mr. Schwarz. Well, if he hasn't taken any overt acts,

are you then in what you would call in imminent threat of

human life or property?

MI. Kelley. I think so.

Mr. Schwarz. How so? Unless he has taken an overt act

to buy the poison or to get in the car with the poison, there

is not by definition any threat to life or property.

Mr. Kelley. Mr. Schwarz, I've been around in this business.

a long time. I've heard a number of threats which were issued,

and they thereafter materialized into actions. I don't think

take these threats as being empty ones, because so many times

they have been acted upon.

I was criticized one time when there was a threat made to

kill me, and it was said later on, it's not rhetoric, it's

not rhetoric to me, because when they say they're going to

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kill me, that just means one thing.

Mr. Schwarz. But I'm not disagreeing with you.

Mr. Kelley. But you are disagreeing with me. You're saying

on the basis of experience that you cannot detect a possible

threat. That's the whole area of concern that we have here, where

we don't lose the capability of doing something. We don't

say we should initiate ourselves. We say that we should go to

the Attorney General. We do not subscribe to the idea that

we should act independently because maybe we don't have the

judicial review, the capability of determining, but we do

think that we should report it and thereafter see what can

be done.

Mx. Schwarz. Well, have you changed in the course of

our discussion the standard on page 5.

On page 5 you're talking about an imminent threat..

MI. Kelley. Yes.

Mr. Schwarz. And I hear you now as saying a possible

threat.

Mr. Kelley. An imminent possible threat.

Mr. Schwarz. An imminent possible threat. All right.

Now, would a fair standard for either action, other than

arrest, I don't know what you have in mind, but something to

prevent the person from

carrying out his activities, other

than arrest, for instance, what is an example of what you have

in mind?

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Mr. Kelley.

Removing him from his position or whatever

is necessary in order to make it impossible or at least as

impossible as possible to perpetuate this thing.

Mr. Schwarz. You mean

have him lose his job or --

MI. Kelley. I don't know what it would be.

Mr. Schwarz. Isolate him in some fashion.

Mr. Kelley. In some fashion perhaps.

Mr. Schwarz. Now, for such activity and for opening

an investigation into a domestic group, could you live with

a standard which said you would have to have an immediate

threat that someone was likely to commit a serious federal

crime involving violence?

Mr. Kelley. I think that this thing could be worked out

so that there could be an adequate basis for an evaluation.

Mr. Schwarz. So those words, without trying to commit

you entirely to them, do not seem to you to depart far from

what you think would be an acceptable standard.

Mr. Kelley. Well, an imminent, immediate threat might

be, by virtue of the word "immediate" that he's going to

do it the next minute. In that case it may be necessary for

you to, not with the presence or the possibility, not able

to do anything except put him under arrest of anything.

Mr. Schwarz. Of course, of course.

And nobody would at all disagree with that kind of action.

Mr. Kelley. I don't think they would either.

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Mr. Schwarz. But on the question, let's take the opening

of an investigation into a domestic group.

Is it basically consistent with practicality to make the

test immediate threat of a serious Federal crime involving

violence?

Mr. Kelley. To open a domestic security case.

MI. Schwarz. Yes.

Mr. Kelley. It appears to me that this is a terrorist

activity, in effect. We certainly have terrorist activities

under our jurisdiction as a threat against the United States.

Mr. Schwarz. Now, are there other circumstances where

it is justifiable to open an investigation of the domestic

group where you do not have an immediate threat of serious

federal crime involving violence?

Mr. Kelley. Oh, I think there are other criteria, and

they have been well defined as to what is the possible

opening, the basis for a possible opening. We haven't been

discussing that, we have been discussing particular instances,

but there are other criteria that are used, yes.

Mr. Schwarz. What would the other criteria be?

Mr. Kelley. Well, the possible statutory violations

over which we have jurisdiction are, generally speaking, the

most used of thebasis, and then you have, of course, some

intelligence investigations which should, of course, be of

short duration. If there is no showing of this into action

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or a viable intent.

Mr. Schwarz. So that's what you're looking for in the

intelligence investigation?

Mr. Kelley.. By intelligence investigation, yes, you

are looking to prevent.

Mr. Schwarz. And what you are looking to prevent, and

what you're looking to find is a likelihood of action combined

with an intent to take an issue?

Mr. Kelley. And the capability.

Mr. Schwarz. And the capability.

All right. I just have two other lines, Mr. Kelley, and

I appreciate very much your time.

Mr. Kelley. That's all right.

Mr. Schwarz. Assuming a legitimate investigation has •

been started into a domestic intelligence matter, is it legiti-

mate for the FBI, in addition to obtaining information that

relates to what we've just been talking about, the likelihood

of violent action, is it also legitimate for the FBI to

collect, A, retain, B, disseminate, C, information concerning

let's say the sex life of a person on the one hand, and the

political views of a person on the other?

Mr. Kelley. I think, Mr. Schwarz, that this is just what

many of our problems and perhaps the guidelines can define

this type of thing. I think probably you will agree that

within the determination of the deviations possibly of sex

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lives, there might be something that is relevant. I would say

ordinarily it's not. And so far as political views, yes, I

think that this could be, if he is espousing some cause or

some view that advocates violence or the overthrow of the

government.

Mr. Schwarz. Would those be the two limits on political

views?

Mr. Kelley. What?

Mr. Schwarz. Would those be the only limits on political

views that you think are okay to collect, advocants of violence

or advocants of overthrow?

Mr. Kelley. Well, I don't think because he's a Democrat

or a Republican it would be anything that would be damaging,

but it might on the other hand counter the report that he's

a member of some other organization.

Mr. Schwarz. Is the standard you used on collection of

sex life information, might be relevant? I suppose anything

might be relevant, but don't you think that as a function of

balance, it has to have a high degree of relevance before it's

justifiable to collect that kind of information on American

citizens who are not suspected of having committed crimes?

Mr. Kelley. Insofar as doing it presently, it has been

included in some reports as a result of the requirement that

that is what is required by our rules, that when a person

reports something to us, we do a report of the complaint. Insofar

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as a determination by guidelines that might be prepared later,

I think that we can certainly deliberate on this to see whether

or not this is something we should retain, and we would not

object to anything reasonable in that regara.

Mr. Schwarz. I just have one final question.

Taking the current manual and trying to understand its

applicability laid against the facts in the Martin Luther King

case, under Section 87 there is a -- permission is granted to

open investigations of the infiltration of non-subversive

groups, and the first sentence reads: "When information is

received indicating that a subversive group is seeking to

systematically infiltrate and control a non-subversive group

or organization, an investigation can be opened."

Now, I take it that is the same standard that was used

in opening the investigation of the Southern Christian Leadership

Conference in the 1960s, so that invéstigation could still be

open today under the FBI manual, the current FBI manual.

Mr. Kelley. We are interested in the infiltration of

clearly subversive groups into non-subversive groups inasmuch

as this is a ploy that is used many times, and having infil-

trated, they then get control, and they have a self-laundered

organization which they can use, and not, certainly, to the

benefit of the country.

Mr. Schwarz. But is the answer to my question yes, that

under that standard, the SCIC investigation could still be

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opened today?

Mr. Kelley. I think so.

Mr. Schwarz. All right, then, just one final question. .

Do you agree that special care needs to be taken not only

of the standards for initially opening an investigation of a

group, but perhaps extra care needs to be taken when the investi-

gation goes beyond the initial target group to individuals

or people who come into contact with it?

MI. Kelley. I don't know if I agree with that entirely.

If

you mean that we go into the

non-subversive group, that we

then investigate people in that non-subversive group, not the

infiltrators, but the non, that we conduct a lengthy investigation

of them without any basis for doing so other than that they

are in an infiltrated group, I would likely have said -- but

off the top of my head I would say probably that's not necessary.

Mr. Schwarz. Thank you very much.

Mr. Smothers. Just a couple of very brief lines of

inquiry, Mr. Kelley.

I think that the questions of the Chief Counsel was

raising is one that goes further into your statement, when you

talk about the difficulty of setting out the line between

intelligence gathering and law enforcement kinds of functions..

Nevertheless, though, I think that you have made an effort,

indeed, the Bureau's organizational scheme reflects at it

!

to distinguish some of this has been made.

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Putting aside for one moment the counterespionage

effort, and looking strictly at what we have been calling the

Domestic Intelligence, is it your view that the retention of

this function in the Bureau is critical to the Bureau's

law enforcement position?

Mr. Kelley. My personal opinion is that the Bureau does

a splendid job in this area. I feel further that the background

of criminal investigatory activities and experiences which

all counterintelligence people have is very helpful. It is help-

ful not only in gathering knowledge and experience, it also

enters into this field, a person with a broad understanding

of the rights and privileges, and you don't have so much that

spy type, that cloak and dagger, that very, very secret type

of an operation.

I subscribe to the present system heartily.

Mr. Smothers. Would it be of assistance to your mission

if within the Bureau guidelines were established that

effectively limited access or controlled dissemination of

the intelligence product? In other words, if we had a

situation where the intelligence product is critical to assist

the law enforcement effort, I don't think there's any question

that there should be access to it.

Isn't our problem one of controlling the use of that

intelligence product and preventing the kind of murky crossing

of lines there with the information legitimately needed for

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law enforcement?

Mr. Kelley. There

Is always

a problem when there is wide

dissemination, because that just numerically increases-the

possibility of misuse, abuse or slander, libel, or anything

of that matter, and I think that it would be well worthwhile

to review the dissemination rules to make them subject to

close guidance in the guidelines that we're speaking of.

Mr. Smothers. Let me just raise one final area with you.

We talked a little bit about, or a question was raised about

the investigation now being conducted by the Justice Department

regarding the improper actions on the COINTELPRO, and the

King case in particular.

As we look at allegations of impropriety by your personnel,

I think it would be helpful for our record here to have some

insight into the procedure the Bureau would normally follow.

What does the Bureau do when you get an allegation that

an agent of administrative official in the Bureau has behaved

improperly?

Is an investigation conducted internally, or is it

routinely referred to the Justice Department?

MI. Kelley. There may be a revision in this type of

procedure as a result of the establishment of the Council for

Professional Responsibility. At present it would be in the

great majority of the cases turned over to our Investigative

Division for investigation. There might, on some unusual

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occasion, be a designation of a special task force made up;

perhaps, of division heads. That is most unlikely, but it is

handled internally at present.

Mr. Smothers. Would these internal determinations be

reviewed by Justice, or do you think that is a necessary

step?

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I guess what we are searching for here is, first of all,

I think you answered that, well, to what extent does the

Bureau police itself, and then secondly, is the Department of

Justice involved in the police determinations?

For instance, what if the Attorney General disagreed with

the assertion that only the higher up officials who ordered

the action against King should be the subject of investigation

and maybe prosecution?

How does the interplay work there between you and Justice?

Mr. Kelley. We do report to the Attorney General those

activities which we construe as improper or possibly illegal.

There is a possibility that the Department, having been advised

of the situation, might take it on their own to do their own

investigating, and this is something that we feel is a

decision to be made only rather rarely, because we feel we

have within our own organization sufficient capability to

handle that. But we do not protest it. It is handled

independently of us.

Mr. Smothers. Thank you.

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That is all I have.

Mr. Schwarz. Thank you.

(Whereupon, at 12:12 o'clock p.m., the Committee recessed

subject to the call of the Chair.)

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WARD & PAUL

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## Page 187

#+1350(1505-9-16-63)

(Mount Clipping in Space Below)

Srich Escks CIA, FBIl

Many Feel Congressional Probes

Undormino Seounity

(Indicate page, name of

newspaper, cily and siaie.)

WASINSTON - Despite

Te.

cent revelations of miccuduct, the

Central intelligence Ageney and

the FBI continue to enjoy wide-

spread support in the South.

That is the conclusion reached

after an intorinal survey of South-

ern congressional effices. ch

report their mail is running over-

whelming, in support of the /wo

beleaguered aconcies and arainst

the cong essional investigations of

thein.

"ONE MUST WONDER where

the loyalties of many of cur sena-

tors and representatives lie,

wrote a Lake County, Fla. man to

Sen. Dich Stone, D-Fla.

"Weareso

far out of balance now I doubl if we

ever will be able to cope with the

criminal terrorists or subversive

hordes who will destroy the very

Constitution designed to proteci

the innocent.

stone's press secretary, Walt

wurtel, said the mall was "heavily

weighted" in support of the CIA

and FBI.

"I do not know what the Congress

could possibly think they are ac-

complishing by destroying our

rost important national security

agencios

wrote an

Ocean

Springs. hiss., man to Rep. Trent

Lott, R Miss. "Won't you please do

soinething to sten this relentless

war being waged against our peo-

ple in the CIA and the FBI?

A spolesman for Sen. Bill Brock,

R-Tenn., said 9) percent ot his nail

is running against the congressio-

— PAGE 9

- NASTILLE BACE

Charles

Overty

GARNETT NETS SERVICE

nal investigations.

"The

has boon fairly hcavy on this,

„mai

said

Chuck Murchison. Brock's press

secretary.

"We are still getting

mail on the congressional inves-

tigations and now we are beginning

to hear on Angola.

Tom Houston of Lott's Mississip-

pi office said no constituents had

written to support the congressio-

nalinvestigations. "None, not even

Orie,

" Houston said

This widespread support of the

CiA and th- FBI from the South

should come as no surprise. There

always has been siroug backing

Dato: JAN. 9,1976

Edition:

Author:

Editor: 303X1

Title:

Character:

or

Classilication:

fudto

Orig

BUREAU 1-8-76801

Subnitling Ouce: EIPTIS

00-2220

SEARCHED.

_INDEXED.

SERIALIZED_

_ FILEDIAR

Sent nia forcemile

JAN

FBI - MEM EAS

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Page 187

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"Op-Ed," epposite the editorial page, includes opinions and

contentious writings by people of all perspasions.

Even during the height of the

Vietnam War

demonstrations,

general support for the military

continued to exist.

among southerners for institutions

that bolster national security.

The same now is true with the

CIA and the FBI.

Southern conservatives view

these two agencies as vital to the

strict ul America, and if tele is

an abuse here or there,

probably aone to protect the na-

tional security, they reason.

The sanctily of "national securi-

ty" offers the broadest umbrella

conceivable in the South.

congressmen and senators have

lost sight of this unpublicized sup-

port for the two agencies.

"There is almost no future for

covert activities," lamented Rep.

interview.

interview We are the only pecent

not permitted to do things that

must be done in our own interest

without having it fought over in

public.d

=.

snakes

This undercurrent of opposition

to the congressional investigations

is likely to have a strong negative

impact on any presidential aspira-

tions of Sen. Frank Church, D-

Idaho, chairman of the Senate In-

telligence Committee.

has been downright vitriolic

against Church.

"Instead of Sen. Church crip-

pling the ClA and the FBl, why

don't he investigate the KGB, who

has flooded this country?" wrote a

Pense sid The s on

"I wonder

Beach man wrote: "What can be

done to stop Sen. Frank Church and

his commiltee, which is the most

disgraceful action taken by

Senate com steine odern tirans

.. In my estimate, Sen. Frank

Church is one of the most un-

American senators that we have.

frank Church is feeding intorma-

son directly into the Communisi

hands. Advise what can be done

about Frank Church immediate-

THIS ANTI-FRANK Church.

pro-Cla, pro-fBI theme is consis-

tent in congressional mall, at least

from the South.

And while constituent mail is not

a scientific weathervane of pubhe

opinion, it's a pretty good indica-

tion that the outrage directed at the

CIA and FBI in Congress is seen as

• overblown endunrepresentative of

the thinking in the Southern heart-

'land.

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P1-350 (Hov, 1-16-63)

(Mount Clipping in Spece Below)

Indicate page, namic c

ewspaper, oily and state

pange una

FBI

CONGZESSICHAL

OVER -REACTICH

TO PAST ABUSES

— PAGE 9

— NISTVILLE PASTE?

— KASTVILLE, TOO

hat

Dare: JaN. 9, 1976s

Edition:

Author:

Editor: KAROON D. 30X.19

Tille:

AGAINST

NW

05240

forgiv

sawd to

oRig

BuREau 1-8-76-0011

amste: 32989827 is Bureau, 1/8176

sent ria forcimile

Character:

or

Classification:

Submitting Office: HEMPHIS

/ Being Inrestigaled

66-9150

SEARCHED_

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_FILED ST

JAN

8 1976

FBI - MEMPHIS

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FD-350 (Rev. 7-16-63)

(Mount Clipping in Space Below)

FBI'S POLITICAL ABUSES"

Full Text of Official Report

New light now is shed on a mystery that has fasci-

nated, and worried, oiticial Washington for years: 1c

what extent has the Federal Bureau of Investigatior

been used as a kind of "secret police" to spy on

political figures and

events-and who used it that

way?

The answers, according to a report by the staff of

ia finate tellie to Comitte, use that the a it

vas indeed subiect to "

happened under every President from Franklin D.

The Senate Select Committee on Intelligence is

headed by Senator Frank Church (Dem.), of Idaho. It

has been investigating both the FBI and the Central

Intelligence Agency for months, with the aim of de-

veloping closer supervision of intelligence agencies in

the future.

On these pages you get the complete text of the

Committee staff's report on the FBI and its contro-

versial role in recent American history.

The political abuse of the FBI did not begin in the 1960s.

Although this Committee has concentrated its investigations

on the events of.the '60s and '70s, the story cannot be fully

understood by looking at just the last 15 years.

Therefore, the first objective of this report is to lay out

some of the historical context for more-recent political

abuses of the Bureau.

The second objective is to describe some of the results of

our investigation which show the

various types of political abuse to

which the FBI is susceptible.

Some have been in response to the

desires of the Bureau's superiors.

Others have been generated hy

•the Bureau itself.

(Indicate page, name of

newspaper, city and state.)

— U.S. NEWS AND

WORLD REPORT

-

DateDECEMBER 15, 1975

Edition:

Author:

Editor: HOWARD FIEGER

Title:

66-

Character:

or

66-2150

Classification:

Submitting Office: MEMPHIS

• Being Investigated

SEARCHED.

SERIALIZED.

_INDEXED.

DEC 3 0 1975

FBI - MEMPHIS

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question for the Committee to answer when all the evi-

dence is in.

Historical Background

The historical background of political abuse of the FBI

involves at least three dimensions.

"The first is the Bareau's subservience to the Presidency,

its willingness to carry out White House reguests without

And there is the acded possibility, i

suggested by some of the documents

the Watergate break-in, he just carried to the extreme an

established practice of service to the White House.

we have seen and some of the wit- '

nesses we have interviewed, that

certain political abuses resulted from

teeing per i in eligen practice up is notine volume

the inexorable dynamics of the FBI's

to any specinc request.

And the third historical dimension was the FBI's concert

intelligence-gathering process itself

ed effort to promote its public image and discredit its

in other words, that the FBI intelli-

critics.

gence system developed to a point

where no one inside or outside the

Early examples of the Bureau's willingness to do the

Bureau was willing or able to tell the

President's bidding occur under Franklin D. Roosevelt. In

difference between legitimate nat-

1940 it complied with a request to run name checks, open

ional-security

or

law-enforcement

files, and make reports on hundreds of persons who sent

information and purely political in-

telegrams to the President that were-to quote the letter

frora the President's secretary to J. Edgar Hoover-"all

telligence.

more or less in opposition to national defense," or that

Whether any particular abuse -c-

sulted from outside demands, from

"expressed approval of Col. Charles Lindbergh's criticism of

the FBI's own desires, or from

the

the President.

Another example came to light in recent years when Maj.

nature of the intelligence process is a

Gen. Harry Vaughan, who was President Truman's military

Ü.S. NEWS & WORLD REPORT, Dec. 15, 1975

aide, disclosed that President Roosevelt had ordered wire-

taps on the home telephones of his

closest aides. Shortly after Mr. Tru-

man had taken office, someone had

presented General

Vaughan with

transcripts of the wiretaps. He took

them to President Iruman, who said,

according to General Vaughan: "I

don't have time for that foolishness."

This story is generally confirmed by

the Committee staffs inquiry into !.

Edgar Hoover's "Official and Confi-

dential Files," where an index to the

logs of these wiretaps was located.

Historical illustrations of the FBI's

practice of volunteering political in-

-telligence to its superiors appear in

virtually every Administration.

Roosevelt's Attorney

General, Francis Biddle, recalled in

his autobiography how ]. Edgar Hoo-

ver shared with him some of the

"intimate details" of what his fellow

Cabinet members did and

"their likes and sislikes, their weak

nesses and their associations." Attor-

The late FBI Director J. Edgar Hoover

ney General Biddle confessed hat

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wiwwiDistit.com

wonde

FBl's "POLIT

AL. ABUSES"

[rext continued

preceding pagel

he enjoyed hearing these derogatory and sometimes "em-

barrassing" stories and that Director Hoover "knew how to

flatter his superior."

President Truman and his aides received regular letters

from Hoover labeled "Personal and Confidential" and con-

taining tidbits of political intelligence. Sometimes they re-

ported on possible Communist influence

lobbying efforts, such as activities in support of civil-rights

legislation. On other occasions they reported allegations

that a Communist sympathizer had helped write a Senator's

speech, and inside information about the negotiating posi-

tion of a non-Communist labor union.

Some of the letters were undoubtedly of political value to

-the President. One related the activities of a former Roose-

velt aide who was trying to influence the Truman Adminis-

tration's appointments. Another advised that the f'bi had

learned from a confidential source that a

"scandal" was

brewing and that it would be "very embarrassing to the

Democratic Administration." A third contained the report

of a "very confidential source" about a meeting of newspa-

per representatives in Chicago to plan publication of a

series of stories exposing organized crime and corrupt politi-

cians. The stories were going to be critical of the Attorney

General and the President.

The Truman White House also received a copy of an FBI

memorandum reporting the contents of an in-house com-

munication from

Newsweek magazine reporters to their

editors about a story they had obtained from the State

Department.

An example from the Eisenhower Administration shows

how White House requests and FBI initiative were some-

times mixed together. President Eisenhower asked Director

Hoover to brief the Cabinet on racial tensions in early 1956.

What the Cabinet received was a report not only on inci-

dents of violence, but also on the activities of Southern

Governors and Congressmen in groups opposing integra-

tion, as well as the role of Communists in civil-rights lobby-

ing efforts and the NAACP's plans to push for legislation.

No one appears to have questioned the propriety of the

FBI reporting such political intelligence, or Director Hoo-

ver's competence to do so.

• The third source of abuse throughout the Bureau's history

was its concern for its image and hostility to any critics. One

example each from the Truman and Eisenhower years

shows how the Bureau checked and reported on its critics.

In 1949 the National Lawyers Guild planned to issue a

report denouncing FBI surveillance activities revealed in a

court case. The FBI provided the Attorney General advance

information from its sources about the Lawyers Guild plans,

as well as a full report on everything about the group in

Bureau files. Attorney General Howard McGrath passed the

reports on to the President, and J. Edgar Hoover advised

the hite House directly about last-minute changes in the

Guild's plans. The FBI's inside information gave the Attor-

ney General the opportunity to prepare a rebuttal well in

advance of the expected criticism.

The second instance took place in 1960, when the Ten-

nessee Advisory Committee to the U.S. Civil Rights Com-

mission announced it would investigate charges by the

Knoxville Area Human Relations Council that federal agen-

cies, including the FBI, were practicing racial discrimina-

tion. The FBI conducted name checks on the 1l members

of the council's board of directors. The results were sent to

Attorney General William Rogers, Deputy Attorney Gener-

al Lawrence Walsh, and Special Assistant to the Attorney

General Farold R. Tyler, Jr.

55240 DocId: 32989817 Page 192

Six Presidents who

355Y

Franklin D. Roosevelt

Harry S. Truman

Derogatory information on four of these individuals in-

cluded allegations of subversive connections from as far a

attitudes" and sending flowers and "mash" notes to a wom- :

an in his church. The FBI's report also made the flat

statement: "As you know, this Bureau does not practice

racial segregation or discrimination." (The Committe, wil

recall that it has previously received information as to the

number of black FBI agents in the early 1960s.)

Thus, the Bureau's more distent history shows the devei-

opment of its political services for higher authorities and its

concern for its own political position.

Name-Check Abuses

The staff's investigation of alleged abuses in the 1960s and

70s discloses a wide variety of questionable name checks

sometimes for Presidents and sometimes in the Bureau's

An examination of these name-check reports shows the

peculiarly damaging nature of the Bureau's practice. No

new investigation was done to verify the allegations stored

away for years in FBI files. Anything anyone ever told the

FBI about the individual was pulled together, including

charges that the Bureau may never have substantiated. FBI

files inevitably include misinformation because people bear

grudges or make mistakes. Sometimes the Bureau verifies

the charge, but frequently there is no reason to do so, and it

is just recorded in the files. Such charges can be retrieved

by a name check and reported without further sub-

The request by the Nixon White House for a name che sk

on CBS correspondent Daniel Schorr, which the FBI turned

into a full field investigation, has been examined extensively

elsewhere. The staff has determined that President Johnso!:

asked for name-check reports on at least seven other jor.I-

nalists, including NBC commentator David Brinkley, Asso-

ciated Press reporter Peter Arnett and columnist Josep

Another political abuse of FBI name checks occurred in

the closing days of the 1961 presidential-election campaige.

when Johnson aide Bill Moyers asked the Bureau to repor

on all persons employed

Senator Goldwater's oftir

Moyers has publicly recounted his role in the incident, and

his account is confirmed by FBI documents.

Some of President Johnson's requests parallel those

U.S. NEWS & WORLD REPORT, Dec. 15. 1975

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## Page 193

Administrations emplo

"ed FBI checkups in way

ow questioned-

Dwight D. Eisenhower

John F. Kennedy

TOTA

mido you

President Roosevelt 25 years earlier. The FBI complied

with White House requests for name checks on dozens of

persons who signed telegrams critical of U.S. Vietnam policy

in 1965. The names of other presidential critics were also

sent to the Bureau to be checked and reported on, as were

the names of critics of the Warren Commission. The FBI

also volunteered reports on presidential critics.

The White House requests for name checks are episodic

in comparison to the name checks conducted as a matter of

systematic Bureau policy for the use of FBI Director Hoo-

The Crime Records Division prepared name-check

memoranda for Director Hoover regularly on Congressmen,

other public officials, and prominent persons of interest to

the Director. Many of these special memoranda were filed

by the Crime Records Division. Others found their way into

Director Hoover's "Official and Confidential Files."

The Committee staff has located in these

"O and C Files"

such special memoranda on the author of a critical book

about the fBl, and on all the members of the senate

subcommittee chaired by Senator Long which threatened to

investigate the FBI in the mid-1960s. Some of these name-

check reports and special memoranda contained derogatory

information and, in the case of the author, information from

his income-tax returns and personal information about his

wife. The reports on members of the Long committee were

compiled in a briefing book, with tabs on each Senator.

Therefore, these incidents demonstrate the potertial for

abuse inherent in the Bureau's unregulated name-check

procedure. White House requests bypassed the Attorney

General, and the FBI Director's own requests took place

totally within the Bureau. The real meaning of the long.

standing fear that the FBI had so-called dossiers on Con-

gressmen and other prominent persons was that FBI offi-

cials could have name-check reports prepared for his use on

anyone he desired to know more about.

Abuse of FBI Investigative Powers

The next category is abuse of the EBI's investigative

There is a vivid example under the Rennedy Adminis-

ration involving the FBI's late-night and early-morning

interviews of a steel-company executive and several report-

mer Assistant FBI Director Courney Evans, who was infor-

mal liaison with Attorney General Kenredy, has told the

Committee that he was given no reason for the request.

Another example arises out of the Bobby Baker case. In

U.S. NEW'S & WORLD REPORT, Dec. 15, 1975

NW 55240 DocId: 32989817

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Lyndon B. Johnson

Richard M. Nixon

1965 the FBI declined a request of the Justice Department

Criminal Division to "wire" a witness in the investigation of

former Johnson Senate aide Bobby Baker. Although the FBI

refused on grounds that there was not adequate security,

the Criminal Division had the Bureau of Narcotics in the

Treasury Department "wire" the witness as a legitimate

alternative. When the Baker trial began in 196%, this be-

came known. Presidential aide Marvin Watson told the FBI

that President Johnson was quite "exercised," and the FBI

was ordered to conduct a discreet "rundown" on the head

of the Criminal Division in 1965 and four persons in Trea-

sury and the Narcotics Bureau, including specifically any

associations with former Attornév General Robert Kennedy.

Another incident occurred in 1966 when Mr. Watson

requested that the FBI monitor the televised hearings of

the Senate Foreign Relations Committee on Vietnam and

prepare a memorandum comparing statements of Senators

Fulbright and Morse with "the Communist Party line."

At the request of President Johnson, made directly to FBI

executive Cartha DeLoach, the FBI passed purely political

intelligence about United

States Senators to the White

House which was obtained as a by-product of otherwise

national-security electronic surveillance of

foreign-intelligence targets.

This practice also continued

under the Nixon Administration at the request of Mr. H. R.

It is more difficult to place the label "abuse" automatical-

ly on presidential requests for electronic surveillance to

investigate leaks of classified information. Attorney General

Kennedy authorized wiretaps in 1962 on New York Times

reporter Hanson Baldwin and his secretary, and they lasted

for about one month.

In addition to the wiretap on New York Times reporter

Hanson Baldwin in 1962, the Committee has received mate-

rials from the FBI reflecting authorization by Attorney

General Robert Kennedy of a wiretap on a reporter for

Newsweek magazine in 1961 during the investigation of

another leak of classified inforination. Further materials

reflect authorization by Attorney General Nicholas Katzen-

bach of a wiretap on the editor of an anti-Communist

newsletter in 1965, also during the investigation of a leal: of

classified information.

The Committee has received materials from the FBI

reflecting authorization by

Attorney General Robert F.

Kennedy of wiretaps on at least sis American citizens,

including three executive-branch officials, a congressional

staff member and two registered lobbying agents for foreign

The materials also reflect that these wiretaps

---

## Page 194

FBI'S "POLITIG

ABUSES"

[text continued fron,,.aceding page]

related to an investigation of efforts by foreign interests to

influence United States economic policies.

The wiretaps under the Nixon Administration of journal-

ists and current or former White House and other executive

officials have been widely publicized.

The staff's iriquiry into this matter has determined that,

according to available records, at least one of these wiretaps

had nothing to do with leaks and was conducted solely for

personal information about the target. Nevertheless, the

wiretapping to investigate leaks under Attorneys General

Kennedy and Katzenbach and of President Roosevelt's aides

were undoubtedly precedents J. Edgar Hoover had in mind

when he told President Nixon and Dr. Kissinger in 1969

that wiretaps had been used for these purposes in the past.

Another abuse of EBI investigative powers, wader the

Johnson Administration was the surveillance conducted at

the 1964 Democratic Nacional Convention in Atlantic City.

The most-sensitive details of the plans and tactics of persons

supporting the Mississippi Freedom Democratic Party dele-

gate challenge went to the White House from the FBI's

wiretap on Dr. [Martin Luther] King and other types of FBI

surveillance. The responsible White House official at the

time, Mr. Walter Jenkins, has told the Committee that he

can recall no political use made of these reports. Neverthe-

less, an unsigned document has been located at the Johnson

Library recording at least one political use of Mr. DeLoach's

phone reports.

As Theodore H. White's account of the 1964 campaign

["The Making of the President 1964] makes clear, the most

important single issue that might have disturbed President

Johnson at the Atlantic City Convention was the Mississippi

* :

challenge. And the FBI's own inquiry into the Atlänfic City

events reports several FBI agents'

recollection that one

purpose of the Bureau operation was to help avoid "embar-

rassment to the President."

• The Committee must weigh all the evidence in deciding

whether this abuse of the FBI resulted from a White House

request, from FBI officials volunteering information to

serve and please the President, or from a legitimate civil-

disorders intelligence operation which got out of hand be-

cause no one was willing to shut off the political-intelligence

by-product.

It should also be noted that an aide to Vice President

Hubert Humphrey contacted the FBI to request assistance

at the 1968 Chicago [Democratic] Convention. Nothing

appears to have come of this request, largely because Attor-

ney General Ramsey Clark turned down FBI requests for

authorization to wiretap protest-demonstration leaders at

the Chicago Convention.

According to. materials provided to the Committee by the

FBl, President Johnson asked the FBi to conduct physica

surveillance on Mrs. Anna Chennault, prominent Republi

can woman leader, on Oct. 30, 1968, in the final days of the

election campaign. The FBI instituted this surveillance to

cover her activities in Washington, D.C., and New York

City. The results of this physical surveillance were dissemi-

nated to ]. Bromley Smith, executive secretary of the Na-

tional Security Council, who had conveyed Johnson's re-

quest to Cartha DeLoach of the FBI. On Nov. 7, 1968,

Smith called DeLoach

and stated that President Johnson

wanled the FBI to abandon its physical surveillance of irs.

Chennault.

In Nov.e1o, 1900

he til checked the toll cal telephone records in Alon

querque, N.M., to determine if vice-presidential candidate

Spiro Agnesy had called Mrs. Chennault or the South Viet-

64

NW 55240

DocId: 32989817

Page 194

Former Attorneys General Ramsey Clark and Nicholas Katzen-

bach before the Senate Intelligence Committee on December 3

namese Embassy om Nov. 2, 1968, when he was in Albu-

querque. No such necords were located. President Johnson

was furnished with this information on Nov. 13, 1968. Also,

the arrival and departure times of Agnew in and out of

Albuquerque on Nov. 2, 1968, were verified at the request

of the White Flouse.®

The FBI has reviewed its files on this matter and has

advised that the apparent reason the White House was

interested in the activities of Mrs. Chennault and Spi:o

Agnew was to determine whether the South Vietnamese

had secretly been in touch with supporters of presidentia

candidate Nixon, possibly through Mrs. Chennault, as Presi-

dent Johnson was apparently suspicious that the South Viet-

namese were trying to sabotage his peace negotiations in

the hope that Nixon would win the election and then take a

harder line towards. North Vietnam.

The FBI also states that physical surveillance of Mrs.

Chennault was consistent with FBI responsibilities to deter-

mine if her activities were in violation of certain provisions

of the Foreign Agents Registration Act (Section 601, et seg.,

Title 22, USC) and of the Neutrality Act (Section 953, Title

(Further details of these events involving electronic sui-

veillance remain classified "Top Secret.")

Finally, there are two additional

examples of political

abuse of the FBI or ly the FBI in the 1970s.

In July, 1971, three months after the supposed end of FBl

COINTELPRO [counterintelligence program] operations.

the FBI leaked to a newsman derogatory public-record

information about Daniel Ellsberg's lawyer. Copies of the

article were sent to the Attorney General, the Deputy

Attorney General and presidential aide H. R. Haldeman.

with the specific approval of Director Hoover, with no

indication it was generated by the FBI.

In May, 1970, the FBI provided Vice President Agnew at

his request with derogatory public-record information and

other allegations about Rev. Ralph David Abernathy, th

president of the Southern Christian Leadership Conference.

This occurred following a telephone conversation between

Director Hoover and Mr. Agnew during which, according to

FBI records, the Vice President "said he thought he sas

going to have to start destroying Abernathy's credibility."

Thus, in summary, political abuse of the FBI and by thi

FBI has extended over the years through Administrations of

both parties.

U.S. NEWS & WORLD REPORT, Dec. 15, 1975

---

## Page 195

ter

Routing 3.

0-7 (Rev.

TO: SAC:

Albany

Albuquerque

Metondria

Anchorage

Atlanta

Baltimore

Birmingh ain

Boston

Buffalo

Butte

Charlotte

Chicago

Cincinnati

Cleveland

Columbia

Dallas

Denver

Detroit

El Paso

Honolulu

(Copies to Offices Checked)

17-73)

Houston

Indianapolis

Jackson

Jacksonville

Kansas City

Knoxville

Las Vegas

Little Rock

Los Angeles

Louisville

Memphis

Miami

Milwaukee

Minneapolis

Mobile

Newark

New Haven

New Orleans

New York City

Norfolk

_ Oklahoma City

DJ Omaha

=1 Philadelphia

j Phoenix

J Pittsburgh

1 Portiand

1 Richmond

Sacramento

Si. Louis

Salt Lake City

7 San Antonio

7 San Diego

7 San Francisco

| San Juan

] Savannah

I semitie

] Springfield

Tampa

3 Washington Ficlo

] Quantico

TO LEGAT:

• Beirut

Bern

Bonn

Brasilia

Buenos Aires

Caravas

Hong Kong

London

Madrid

Manila

Mexico City

Ottawa

Poris

Nome

Singapore

Tel Aviv

Tokyo

1/5/76

RE: DIRECTOR'S APPEARANCE-

Dote

BEFORE SENATE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIOS

DECEMBER 10, 1975

06-215

OLAKUNTU_

Retention

For appoSERLAtIZED.

_FILED

E For information EJ optional Cl action

JA SurED, $969

The enclosed is for your information. If used in & fabye Menthis? conced all

sources; E] paraphrase contents.

EJ Enclosed are corrected pages from report o

SA

dated

Remarks: By routing slip dated 12/30/15 and

captioned as above, all SACs and Legats were

furnished a copy of the transcript of Mc.

Kelley's 12/10/75 appearance before the

Senate Select Committee on Intelligence

Activities.

Although the data contained

• in

the transcript may be made available to news

media representatives, used in answering

questions received from citizens, and other-

wise treated as being of a public-source nature,

the transcript itself should not be reproduced

for, or given to, anyone outside the FBI.

Đnc.

Bufile

Urfile

& NW 55240 DocId: 32989817 Page 195

---

## Page 196

•Routing Slip

0-7 (Rev. 7-11-75)

T.

SAC:

Albany

Albuquerque

Alexandria

Anchorage

Allanta

Baltimore

Birmingham

Boston

Buffalo

Butte

Charlotte

Chicago

Cincinnati

Cleveland

Columbia

Dallas

Denver

Detroit

El Paso

Honolulu

(Copies to

ses Checked)

Houston

Indianapolis

Jackson

•Jacksonville

Kansas City

Knoxville

Las Vegas

Little Rock

Los Angeles

Louisville

Memphis

Miami

Mil waukee

Minneapolis

Mobile

Newark

New Haven

New Orleans

New York City

Norfolk

- Oklahoma City

Omaha

Philadelphia

Phoenix

Pittsburgh

Portland

Richmond

Sacramento

St. Louis

Salt Lake City

San Antonio

San Diego

San Francisco

San Juan

Savannah

Springfield

Tampa

Washington Field

Quantico

TO LEGAT:

Bern

Bonn

Brasilia

Buenos Aires

Caracas

Hong Kong

London

Madrid -

Manila

Mexico City

Ottawa

Paris

Rome

Tel Aviv

_ Tokyo

RE:

Date December 4, 1975

HEARINGS BEFORE THE SENATE

SELECT COMMITTEE

Retention

For appropriate

[ For information a optional l

→ action

[ Surep, by

• The enclosed is for your information. If used in a future report, conceal all

sources, L paraphrase contents.

• Enclosed are corrected pages from report of SA

dated

Remarks:

For your assistance in responding to

local press inquiries, attached is a copy of

unedited excerpted remarks by Assistant to the

Director--Deputy Associate Director James B.

Adams while testifying before the Senate Select

Committee on 12/2/75, concerning anti-EBI

allegations made by Gary Rowe, former EBI

informant.

SER

• IZED.

_ FILED trad

DEC 8 1975

DhC. (1) wit

Buftle

Urfile

FBI - MEMPHIS

55240

DocId: 32989817 Pageafe - 2/501

---

## Page 197

EXCERPTS OF REMARKS MADE BY

ASSISTANT TO THE DIRECTOR --

DEPUTY ASSOCIATE DIRECTOR JAMES B. ADAMS

TESTIFYING BEFORE THE

SENATE SELECT COMMITTEE

PERTAINING TO THE KU KLUX KLAN,

GARY ROWE, FORMER FBI INFORMANT, AND

PREVIOUS ATTEMPTS OF THE FBI

TO PREVENT VIOLENCE

DECEMBER 2, 1975

NW 55240 DocId: 32989817 Page 197

---

## Page 198

- *

QUESTION:

MR. ADAMS:

....You do use informants and do instruct them to

spread dissention among certain groups that they are

informing on, do you not?

We did when we had the COINTEL programs which were

discontinued in 1971, and I think the Klan is probably one

of the best examples of a situation where the law was

ineffective at the time. We heard the term, State's Rights

used much more than we hear today. We saw with the

Little Rock situation the President of the United States

sending in the troops pointing out the necessity to use

local law enforcement. We must have local law enforcement

use the troops only as a last resort. When you have a

situation like this where you do try to preserve the

respective roles in law enforcement, you have historical

problems.

With the Klan coming along, we had situations where

the FBI and the Federal Government was almost powerless

to act. We had local law enforcement officers in some

areas participating in Klan violence. The incidents

mentioned by Mx. Rowe--everyone of those he saw them from the

lowest level--the informant. He didn't see what action

was taken with that information as he pointed out during

his testimony. Our files show that this information was

reported to the police departments in every instance.

We also know that in certain instances the infor-

mation upon being received was not being acted upon. We

also disseminated simultaneously through letterhead

NW 55240 DocId: 32989817

Page 198

---

## Page 199

•

QUESTION:

MR. ADAMS:

memorandum to the Department of Justice the problem.

And here we were--the FBI--in a position where we had no

authority in the absence of an instruction from the

Department of Justice to make an arrest. Section 241

and 242 don't cover it because you don't have evidence

of a conspiracy. It ultimately resulted in a situation

where the Department called in U. S. Marshals who do have

authority similar to local law enforcement officials.

So historically, in those days, we were just as

frustrated as anyone else was, that when we got information

from someone like Mr. Rowe--good information, reliable

information--and it was passed on to those who had the

responsibility to do something about it, it was not always

acted upon as he indicated.

In none of these cases, then, there was adequate

evidence of conspiracy to give you jurisdiction to act.

The Departmental rules at that time, and still do,

require Departmental approval where you have a conspiracy.

Under 241, it takes two or more persons acting together.

You can have a mob scene and you can have blacks and whites

belting each other, but unless you can show that those that

initiated the action acted in concert, in a conspiracy, you

have no violation.

Congress recognized this and it wasn't until 1968

that they came along and added Section 245 to the Civil

Rights Statute which added punitive measures against an

- 2 -

NW 55240 DocId:32989817 Page 199

---

## Page 200

QUESTION:

MR ADAMS:

QUESTION:

MR. ADAMS:

individual. There didn't have to be a conspiracy. This

was a problem that the whole country was grappling with--

the President of the United States, Attorneys General--we

were in a situation where we had rank lawlessness taking

place. As you know from the memorandum we sent you that

we sent to the Attorney General the accomplishments we were

able to obtain in preventing violence and in neutralizing

the Klan and that was one of the reasons.

....A local town meeting on a controversial social

issue might result in disruption. It might be by hecklers

rather than by those holding the meeting. Does this

mean that the Bureau should investigate all groups

organizing or participating in such meetings because

they may result in violent government disruption?

No sir, and we don't....

Isn't that how you justify spying on almost every

aspect of the peace movement?

No sir. When we monitor demonstrations, we monitor

demonstrations where we have an indication that the

demonstration itself is sponsored by a group that we have

an investigative interest in, a valid investigative

interest in, or where members of one of these groups are

participating where there is a potential that they might

change the peaceful nature of the demonstration.

This is our closest question of trying to draw

guidelines to avoid getting into an area of infringing

on the lst Amendment right, yet at the same time, being

-3 -

NW 55240 DocId: 32989817 Page 200

---

## Page 201

aware of groups such as we have had in greater numbers

in the past than we do at the present time. We have had

periods where the demonstrations have been rather severe

and the courts have said that the FBI has the right,

and indeed the duty, to keep itself informed with respect

to the possible commission of crime. It is not obliged

to wear blinders until it may be too late for prevention.

Now that's a good statement if applied in a clear-cut

case.

QUESTION:

MR. WANNALI:

MR. ADAMS:

Our problem is where we have a demonstration and

we have to make a judgment call as to whether it is one

that clearly fits the criteria of enabling us to monitor

the activities. That's where I think most of our disagree-

ments fall.

In the Rowe Case, in the Rowe testimony that we just

heard, what was the rationale again for not intervening when

violence was known about. I know we have asked this several

times--I'm still having trouble understanding what the

rationale, Mr. Wannall, was in not intervening in the Rowe

situation when violence was known.

Senator Schweiker, Mr. Adams did address himself to

that and if you have no objections, I'll ask that he be

the one to answer the question.

The problem we had at the time, and it is the problem

today, we are an investigative agency; we do not have

police powers even like the U. S. Marshals do. The Marshals

-4 -

NW 55240 DocId: 32989817 Page 201

---

## Page 202

since about 1795 I guess, or some period like that, had

authorities that almost border on what a sheriff has. We

are the investigative agency of the Department of Justice,

and during these times the Department of Justice had us

maintain the role of an investigative agency.

We were to report on activities. We furnished the

information to the local police who had an obligation to

act. We furnished it to the Department of Justice in those

areas where the local police did not act. It resulted

finally in the Attorney General sending 500 U. S. Marshals

down to guarantee the safety of people who were trying to

march in protest of their civil rights.

This was an extraordinary measure because it came at

a time of Civil Rights versus Federal Rights and yet there

was a breakdown in law enforcement in certain areas of the

country. This doesn't mean to indict all law enforcement

agencies in the south at the time either, because many of

them did act upon the information that was furnished to

them. But we have no authority to make an arrest on the

spot because we would not have had evidence that was a

conspiracy available. We could do absolutely nothing in

that regard. In Little Rock the decision was made, for

instance, that if any arrests need to be made, the Army

should make them. And next to the Army, the U. S. Marshals

should make them--not the FBI, even though we developed

the violations. We have over the years as you know at the

NW 55240 DocId: 32989817 Page 202

---

## Page 203

QUESTION:

MR. ADAMS:

QUESTION:

MR ADAMS:

Time there were many questions raised. Why doesn't the

FBI stop this? Why don't you do something about it? Well,

we took the other route and effectively destroyed the Klan

as far as committing acts of violence and, of course, we

exceeded statutory guidelines in that area.

What would be wrong, just following up on your point

there, Mr. Adams, with setting up a program since it is

obvious to me that a lot of our informers are going to

have preknowledge of violence of using U. S. Marshals on

some kind of long-range basis to prevent violence?

We do. We have them in Boston in connection with

the busing incident. We are investigating the violations

under the Civil Rights Act, but the Marshals are in

Boston. They are in Louisville, I believe, at the same

time and this is the approach that the Federal Government

finally recognized.

On an immediate and fairly contemporary basis that

kind of help can be sought instantly as opposed to waiting

till it gets to a Boston state. I realize a departure from

the past and not saying it isn't, but it seems to me we need

a better remedy than we have.

Well, fortunately we are at a time where conditions have

subsided in the country even from the 60's and the 70's, or

50's and 60's. We report to the Department of Justice on

potential trouble spots around the country as we learn of them

so that the Department will be aware of them. The planning

-6-

NW 55240 DocId: 32989817

Page 203

---

## Page 204

QUESTION:

for Boston, for instance, took place a year in advance, with

state officials, city officials, the Department of Justice

and the FBI sitting down together saying "How are we going to

protect the situation in Boston"? I think we have learned a

lot from the days back in the early 60's. But, the Government

had no mechanics which protected people at that time.

Next I would like to ask, back in 1965, I guess during

the height of the effort to destroy the klans as you put it

a few moments ago, I believe the FBI has released figures that

we had something like 2,000 informers of some kind or another

infiltrating the Klan out of roughly 10,000 estimated member-

ship.

MR. ADAMS:

QUESTION:

MR. ADAMS:

That's right.

I believe these are FBI figures or estimates. That would

mean that I out of every 5 members of the Klan at that point

was an informant paid by the Government and I believe the

figure goes on to indicate that 70 percent of the new members

in the Klan that year were FBI informants. Isn't that an

awful overwhelming quantity of people to put in an effort such

as that? I'm not criticizing that we shouldn't have informants

in the Klan and know what is going on to revert violence but it

just seems to me that the tail is sort of wagging the dog. For

example today we supposedly have only 1594 total informants,

both domestic informants and potential informants. Yet, here

we have 2,000 in just the Klan alone.

Well, this number of 2,000 did include all racial matters

and informants at that particular time and I think the figures

NW 55240 DocId: 32989817 Page 204

-7-

---

## Page 205

QUESTION:

MR. ADAMS:

we tried to reconstruct as to the actual number of Klan

informants in relaton to Klan members was around 6 percent, I

think after we had read some of the testimony on it. Isn't that

right, Bill? Now the problem we had on the Klan is the Klan

had a group called the Action Group. This was the group if you

remember from Mr. Rowe's testimony that he was left out of in

the beginning. He attended the open meetings and heard all the

hoorahs and this type of information but he never knew what was

going on because each one had an Action Group that went out and

considered themselves in the missionary field. Theirs was the

violence. In order to penetrate those you have to direct as

many informants as you possibly can against it. Bear in mind

that I think the newspapers, the President, Congress, everyone,

was concerned about the murder of the three civil rights

workers, the Lemul Penn case, the Violet Liuzzo case, the

bombings of the church in Birmingham. We were faced with one

tremendous problem at that time.

I acknowledge that.

Our only approach was through informants. Through the

use of informants we solved these cases.

The ones that were

solved. There were some of the bombing cases we never solved.

They're extremely difficult, but, these informants as we tola

the Attorney General and as we told the President, we moved

informants like Mr. Rowe up to the top leadership. He was the

bodyguard to the head man. He was in a position where he

could see that this could continue forever unless we could

NW 55240 DocId: 32989817 Page 205

- 8-

---

## Page 206

QUESTION:

MR ADAMS:

QUESTION:

create enough disruption that these members will realize that

if I go out and murder three civil rights, even though the

Sheriff and other law enforcement officers are in on it, if

that were the case, and in some of that was the case, that I

will be caught, and that's what we did, and that's why violence

stopped because the Klan was insecure and just like you say

20 percent, they thought 50 percent of their members ultimately

were Klan members, and they didn't dare engage in these acts of

violence because they knew they couldn't control the conspiracy

any longer.

I just have one quick question. Is it correct that in

1971 we were using around 6500 informers for a black ghetto

situation?

I'm not sure if that's the year. We did have a year

where we had a number like that of around 6000 and that was

the time when the cities were being burned. Detroit, Washington,

areas like this, we were given a mandate to know what the

situation is, where is violence going to break out next. They

weren't informants like an individual that is penetrating an

organization. They were listening posts in the community that

would help tell us that we have another group here that is

getting ready to start another fire fight or something.

... Without going into that subject further of course we

have had considerable evidence this morning where no attempt

was made to prevent crime when you had information that it

was going to occur. I am sure there were instances where

you have.

NW 55240 DocId:32989817 Page 206

-9-

---

## Page 207

MR. ADAMS:

QUESTION:

We disseminated every single item which he reported to us.

To a police department which you knew was an accomplice to

MR. ADAMS:

QUESTION:

MR. ADAMS:

QUESTION:

MR. ADAMS:

QUESTION:

MR. ADAMS:

QUESTION:

MR. ADAMS:

QUESTION:

the crime.

Not necessarily knew.

Your informant told you that, hadn't he?

The informant is on one level. We have other informants

and we have other information.

You were aware that he had worked with certain members of

the Birmingham Police in order...

That's right. He furnished many other instances also.

So you really weren't doing a whole lot to prevent that

incident by telling the people who were already a part of it.

We were doing everything we could lawfully do at the

time and finally the situation was corrected when the Department

agreeing that we had no further jurisdiction, sent the U.s.

Marshals down to perform certain law enforcement functions.

... This brings up the point as to what kind of control

you can exercise over this kind of informant and to this

kind of organization and to what extent an effort is made to

prevent these informants from engaging in the kind of thing

that you were supposedly trying to prevent.

A good example of this was Mr. Rowe who became active in

an Action Group and we told him to get out or we were no longer

using him as an informant in spite of the information he had

furnished in the past. We have cases, Senator where we have had

But you also told him to participate in violent activities

NW 55240 DocId:32989817 Page 207

-10-

---

## Page 208

MR. ADAMS:

QUESTION:

MR. ADAMS:

QUESTION:

MR. ADAMS:

QUESTION:

We did not tell him to participate in violent activities.

That's what he said.

I know that's what he says, but that's what lawsuits

are all about is that there are two sides to issues and our

Agent handlers have advised us, and I believe have advised your

staff members, that at no time did they advise him to engage

in violence.

Just to do what was necessary to get the information.

I do not think they made any such statement to him

along that line either and we have informants who have gotten

involved in the violation of a law and we have immediately

converted their status from an informant to the subject and

have prosecuted I would say off hand, I can think of around

20 informants

that we have prosecuted for violating the laws

once it came to our attention and even to show you our policy

of disseminating information on violence in this case during

the review of the matter the Agents have told me that they

found one case where an Agent had been working 24 hours a

day and he was a little late in disseminating the information

to the police department. No violence occurred but it showed

up in a file review and he was censured for his delay in

properly notifying local authorities.

So we not only

have a policy, I feel that we do follow reasonable safeguards

in order to carry it out, including periodic review of all

informant files.

Mr. Rowe's statement is substantiated to some extent with

an acknowledgment by the Agent in Charge that if he were going

NW 55240 DocId: 32989817 Page 208

-11-

---

## Page 209

MR. ADAMS:

QUESTION:

QUESTION:

MR. ADAMS:

to be a Klansman and he happened to be with someone and they

decided to do something, he couldn't be an angel. These are

words of the Agent. And be a good informant. He wouldn't

take the lead but the implication is that he would have

to go along or would have to be involved if he was going

to maintain his liability as a ---

There is no question that an informant at times will

have to be present during demonstrations, riots, fistfights

that take place but I believe his statement was to the

effect that, and I was sitting in the back of the room and I do

not recall it exactly, but that some of them were beat with

chains and I did not hear whether he said he beat someone with

a chain or not but I rather doubt that he did, because it is

one thing being present, it is another thing taking an

active part in a criminal action.

It's true. He was close enought to get his throat cut

apparently.

How does the collection of information about an

individual's personal life, social, sex life and becoming

involved in that sex life or social life is a requirement for

law enforcement or crime prevention.

Our Agent handlers have advised us on Mr. Rowe that

they gave him no such instruction, they had no such knowledge

concerning it and I can't see where it would be of any

value whatsoever.

NW 55240 DocId: 32989817 Page 209

-12-

---

## Page 210

QUESTION:

MR. ADAMS:

You don't know of any such case where these instructions

were given to an Agent or an informant?

To get involved in sexual activity? No sir.

-13-

NW 55240

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## Page 211

AR 850 WA PLAIN

11:5SPM NITEL 12/ 19/ 75 cH3

10 ALL SACS

FROM DIRECTOR

DIRECTOR'S APPEARANCI BEFORE SENATE SELECI COMMITTEE

O% INTELLIGENCE ACTIVITIES, DECEMDER 1D,

1975

A COPY OF THE STATEME I I DELIVERED BEFORE THE SEVATE

SELECT COMMITTEE ON INTELLICENCE ACIIVITIES TODAY HAS EEEN

SENI ALL OFFICES. FOR YOUR INFORMATION, THERE FOLLO'S A

SYNOPSIZED ACCOUNI OF INE MA'OF ARTAS OF THE COMMITTEE'S

QUESTIONS TO ME, TOGITHER WITH MY RESPONSES?

(1) REGARDINE SI IN ORMANIC, CHESTIONS WERE ASKED

WHETHER COURI APPROVAL S'OUL. DI REQUIRED OR EI USE DE

INFORMAVIS IN INVEST ATIONS O ORA/ILATIONS MY RESPONSE

WAS THAI THE CONTROLE WIIC: EXIST TOJAY OVER USE OF INFORMANTS

ARE SATISFACIORY; HOM! CA! I KEP IN ORMANTS OPERATIN

WITHIN PROPER LIMIT: SO THEY DO NOT INVADE RIGHIS OF OTHER

PERSONS MY RESPONSE WAS THAT RELIANCE MUST BE PLACID ON THE

INDIVIDUAL AGENTS HANDLING INFORMANTS AND THOSE SUPERVISINE

THE AGE"IS ' WORK, IAT IN ORMA IS WHO VIOLATE THE LA: CAN BE

Brady

Ols send / ca

ost.

told the hide

Rostd:32989817

Page

110-2150

nigh

mr?:

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## Page 212

PAGE TWO

PROSECUTED -- AS CAR ANY AGE I WHO COUNSELS AN INFORMANT TO

COMMIT VIOLATIONS); AND DID FORMER KLAY INFORMANT CARY ROWE

TESTIFY ACCURATELY WHEN HE TOLD THE COMMITTEE ON DECEMBER 2

THAT HE INFORMED FBI OF PLAYED ACIE O- VIOLENCE BUT BI

DID NOI ACI TO PREVENT THEM MY RESPONSE WAS THAT ROLE'S

TESTIMONY WAS NOT ACCURATE).

(2) IN RESPONSE TO QUISTIONS R GARDINE IMPROPER

CONDUCT BY FUI EMPLOYCES, I STATED THAI ALLECED VIOLATIONE OF.

LAW BY FBI PERSONNEL SHOULD ES IVESTICATED EY THE FEI OR

OTHER APPROPRIATE ATE CY; I AT IE INSPICTIN! DIVISION HAS

CONDUCTED IVOUIRIES REGARDING ALLT ATIONS & MISCONDU "I;

THAT AN OFFICE OF PRO ESSIONAL RESPONSIBILITY HAS JUST

BEEN ESTABLISHED IN THE JUST CS DEPARIMENT, AND WE WILL ADVISE

THAT OFFICE OF OUR MAJOR INVISII ATIONE O DIPARIMEVIAL PERSONNEL,

INCLUDING FEI EMPLOYES, FOR ALLEGED VIOLATIONE OF LA", REGULATIONS,

OR STANDARDS OF CONDUCT; THAT I WOULD RESERVE COMMENT

REGARDING POSSIBLE CREATION OF A JATIONAL INSPECTOR CENERAL

TO CONSIDER MATTERS OF MISCONDUCT BY EMPLOYEES OF ANY FEDERAL

AGENCY.

-

NW 55240 DocId: 32989817 Page 212

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## Page 213

PAGE THREE

(3) IN RESPONSE TO QUIST.ONS CONCERMING HARASSMENT OF

MARTIN LUTHER KING, JR., I STATED I AT THE PERSONS WHO ISSUED

THE ORDERS WHICH RESULTED I SUCH YARASSMENT SHOULD ACE THE

RISPONSIBILIT: FOR IT, RATION I AN THOSE UNDER THM "HO CARRIED

OUT SUCH ORDERS IT GOOD LAIN; INAT THE BI STILL HAS RECORDINGS

RESULTING FROM ELECIRONIC SUSVEILLANCES OF KIG; THAT WE RETAIN

RECORDINGS FOR TEN YEAR: bUT WE ALSO HAVE A RESO TO A REQUEST

FROM THE SENATE NOT TO DESTROY IT ORMATION IN OUR FILES WHILE

CONGRESSIONAL INQUIRIES ARE SIIN CONDUCIED; THAT I HAVE NOT

REVIEWED THE KING TAPES; THAT I THE COMMITTEE REQUESTED TO

REVIEW THE KING TAPES, THE REQUEST WOULD BE REFERRED TO THE

ATTORNEY GENERAL.

(4) IN RESPONSE TO QUESTIONS REGARDING WHETHER IT WOULD

BE ADVANTAGEOUS TO SEPARATE THE FBI CRIMINAL INVESTIGATIVE

RESPONSIBILITIES AND OUR INTELLIGENCE FUNCTIONS, I STATED

THAT WE HAVE FOUND IME TVO AREAS TO BE COMPATIELE, AND I

FEEL THE FBI IS DOING A SPLENDID JOB IN BOTH ARIAS. .

(5) IN RESPONSE TO CUESTINYS CONCERNINS THE ADEQUACY

OF CONTROLS ON RECUESTS ARON INE WHITE HOUSE AND

FROM OTHER

GOVERNMENI AGENCIES FOR "EI I VESTIGATIONS OR

OR INFORMATION

NW 55240 DocId: 32989817 Page 213

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## Page 214

PAGE FOUR

FROM OUR FILES, I STATED THAT "HO: SUCH RIQU SIS AR MADE

ORALLY, THEY SHOULD BE CO IRNED IN TRITING; THAT WE WOULD

WELCOME ANY LEGISLAIIVE GUIGELIIES THE CONGRESS EELS WOULD

PROTICT THE FEI FROM I:E POSSIBILITY OF PARTISAN MISUSE.

A FULL TRANSCRIPT OF THE QUESTIOUS AND ANSORS WILL BE

FURWISHED TO EACH OFFICE AS LOON AS IT IS AVAILABLE.

ALL LEGATS ADVISED SEPARATELY.

END

RJH

ACK FOR TWO AND IKS

NW 55240 DOOId:32989817

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## Page 215

FD-350 (Rev. 7-16-63)

(Mount Clipping in Space Belov)

More Skeletons Emerge

From The FBl's Closet.

FOR NEARLY 50 years, Mr. J. Edgar

Hoover was a folk hero and the organiza-

tion that he shaped and headed was

thought of as the finest law enforcement

agency in the world. But now the skeletons

are coming out of the closet.

Recent disclosures that Mr. Hoover

xept derogatory data on congressmen and

(Indicate page, name of

newspaper, city and state.)

—PAGE 14

—TIE TEINESSEAX

-NASIVILLE, PENN

war against various groups, and suc-

umbed to poltical pressures of pres

lents are tarnishing the irnage both of Mr

Political abuse of the agency dates back

to the Roosevelt administration and in-

cludes spying on newsmen, government

officials and civil rights leaders under

presidents of both parties, according to

Senate testimony.

The FBI's campaign against the Ku

Klux Klan and its violence was called this

week the bureau's "finest hour." But a

one-time informant said the agency rare-

ly acted to head off Klan attacks against

blacks and civil rights workers and that

the FBI condoned his participation in acts

of violence while he was a

member.

Klan•

!

The informant, Mr. Gary T. Rowe Jr:,

who testified before the Senate committee

with a mask covering his face, said he

warned the FBI three weeks in advance

about plans by the Klan to attack Free- •

dom Riders in Birmingham.

fed to

ORig

12-8-75-0014

He said the attack took place as planned

after the Klan had been promised free rein

for,15 minutes by members of the Bir:

BUREAU

mingham police force. Mr. Rowe said

is i

870-14

when he asked the FBl why nothing was

^.* done to prevent the attack, the response

was a question: "Who were we going to

N 55240

ice 015 the police depariment was

Date: DEC. 4, 1975

Edition:

Author:

Editor: LLOYD ARMOUR

Title:

SENSTUDY -75

:

Character:

or

Classification: 6lo 2150

Submitting Office: MEN(PIIIS

Being Investigated

SEARCHED.

SERIALIZED.

_INDEXED

DEO: 8 1975

FBI - MEMPHI

---

## Page 216

NW 55240

DocId: 32989817

Mr. James B. Adams, the FBI's deputy

associate director for investigation, told

the senators the bureau did make mis-

takes but said he does not believe a

balanced picture of its achievements has

emerged because "of the necessity to zero

in on abuses."

The abuses are a matter of concern. The

role of an informant may be a dirty one

and it may be argued that now and then

the FBI has to resort to underhanded

tactics to. deal with crime and violence.

-But the process of riding rough-shod-ever

civil liberties of those whose only fault

was participating in the civil rights

movement, or those suspected of some-

thing by the White House, or the persecu-

tion of Dr. King has no justification at

Apparently it has been an accepted rule

in such agencies as the F Bl or the CIA that

it the director ordered staft members to

engage in illegal or unconstitutional ac-

tivities, that was to be done.

The Congress, which is elected by the

people to represent their interest, has

done very little to oversee either the FBI

or the intelligence community, to be on the

lookout for abuse, or to question what wa:

• going on.

Mr. Hoover ran the burear as a personal

fiefdom. And such was his tical clout

that attorneys general seldom, interfered

with him and the Congress seemed to be

content to take at face value his annual

reports that the FBI was doing a great

•job..

• In many respects, it has done that. But

as Sen. Walter Mondale observed, it was a

consistent bungler in the field of political

activities.

• The disclosures are saddening because

he Bitatist. Fall, the essace bi suor

but the message of such

disclosures comes through loud and

clear: Never again can the people and the

• Congress take it for granted that the

government agencies are pure - or that

the White House is above reproach. And

henceforth, no FBl director should be

permitted to serve a length of time that

would enable him to perceive himself as

king or all he surveyed.

Page 216

---

## Page 217

FD-36 (Rev. 5-22-64)

Transmit the following in

Via

TELETYPE

FBI.

Date:

CODE

(Type in plaintext or code)

NITEL

(Priority)

12/8/75

813

TO:

DIRECTOR (62-116395)

FROM:

MEMPHIS (66-2150)

ATTENTION: EXTERNAL AFFAIRS

SENSTUDY 75

ON DECEMBER 5, 1975, AT 2:56 P.M., A TELEPHONE CALL WAS

RECEIVED AT THE MEMPHIS OFFICE FROM ONE DAVID WISE, TELEPHONE

NUMBER 202 293-2056, REQUESTING TO TALK TO SA BEN D. HALE.

SA HALE WAS OUT OF THE OFFICE AT THAT TIME AND RETURNED THE

CALL TO MR. WISE AT APPROXIMATELY 4:50 P.M., ON DECEMBER 5,

1975.

MR. WISE ADVISED HE WAS A WRITER DOING A BOOK ON THE

CHURCH COMMITTEE'S INVESTIGATION OF THE FBI AND REFERRED TO

FORMER ASSISTANT DIRECTOR CARTHA D. DELOACH AS "MY OLD FRIEND."

WISE REFERRED TO TESTIMONY BEFORE THE CHURCH COMMITTEE ON THE

PREVIOUS WEDNESDAY BY MR. DELOACH AND REFERRED TO A MEMO IN-

TRODUCED BY THE COMMITTEE FROM MR. DELOACH TO FORMER ASSIST-

ANT DIRECTOR MR. JOHN MOHR, DATED AUGUST 29, 1964, REGARDING

THE COVERAGE BY THE FBI OF THE 1964 DEMOCRATIC CONVENTION

AT ATLANTIC CITY, NES JERSEY. THE MEMO, ACCORDING TO VIES

BDH: cmc : mab

66-2150

SEARCHED,

BERIALIZED

ENDENER.

Approved:

Ben tale Base

Special Agent in Charge

NW 55240 DocId 32989817

Page 217

Sent/2/8/2510

pops mis

SJP

U.S.Government Printing

Gifice: 1972- 455-574

---

## Page 218

FD-36 (Rev. 5-22-64)

Transmit the following in

Via

FBI

Date:

(Type in plaintext or code)

(Priority)

PAGE TWO (ME 66-2150)

HAD STATED THAT THE AGENTS AT ATLANTIC CITY HAD DONE AN OUT-

STANDING JOB OF COVERING THE DEMOCRATIC CONVENTION AND HAD

USED PRESS CREDENTIALS TO OBTAIN THE INFORMATION DESIRED BY

THE BUREAU. THE AGENTS WERE SO GOOD, IN FACT, THAT THEY HAD

OBTAINED INSIDE INFORMATION THAT WAS NOT TO BE RELEASED IN

THEIR ROLES AS NEWSMEN. WISE REFERRED TO A SECOND MEMO FROM

MR. BASSETT TO MR. CALLAHAN DATED JANUARY 29, 1972, ENTITLED

"SPECIAL SQUAD, ATLANTIC CITY, NEW JERSEY, DEMOCRATIC CON-

VENTION, 1964." THIS MEMO CONCERNED ITSELF WITH WHAT THE

CHURCH COMMITTEE WAS TRYING TO FIND OUT ABOUT CAPTIONED

MATTER.

WISE SAID THAT DELOACH TESTIFIED BEFORE THE COMMITTEE

THAT HE RECALLED ONLY "A COUPLE" OF AGENTS HAD USED THE NA-

TIONAL BROADCASTING COMPANY (NBC) PRESS CREDENTIALS, WHICH

CREDENTIALS WERE OBTAINED BY AN INDIVIDUAL AT NBC WHO WAS

FRIENDLY TO THE FBI.

WISE STATED PREVIOUS MATERIAL REGARDING THE USE OF •

NEWS CREDENTIALS INDICATED THEIR USE WAS WIDESPREAD BY THE

SPECIAL SQUAD OF AGENTS AT ATLANTIC CITY, WHEREAS DELOACH

TESTIFIED HE COULD RECALL ONLY A COUPLE OF AGENTS USING

Approved:

Special Agent in Charge

NW 55240 DocId:32989817 Page 218

- Sent

_M Per -

U.S.Government Printing Office: 1972 - 455-574

---

## Page 219

FD-36 (Rev. 5-22-64)

Transmit the following in

Via

FBI

Date:

(Type in plaintext or code)

(Priority)

PAGE THREE (ME 66-2150)

THEM. HE ADVISED DELOACH DID NOT USE ANY AGENTS' NAMES.

MR. WISE SAID HIS PURPOSE IN CALLING SA HALE WAS TO CLARIFY

THIS POINT AS TO HOW MANY AGENTS HAD ACTUALLY USED PRESS

CREDENTIALS SINCE HE BELIEVED THERE WERE 19 AGENTS ASSIGNED

TO THIS MATTER AND HE FURTHER KNEW THAT SA HALE WAS INVOLVED

IN THE ATLANTIC CITY ASSIGNMENT.

MR. WISE SAID THAT SAC B. D. WILLIAMS OF KANSAS CITY

WAS ALSO ON THE ATLANTIC CITY ASSIGNMENT. HE SAID HE BELIEVED

ANOTHER AGENT, NOW ASSIGNED TO THE BUREAU, WAS THERE, WHOSE

NAME IS COHL OR COLLER (PHONETIC). HE DECLINED TO ADVISE

SA HALE HOW HE KNEW SA HALE WAS ON THIS ASSIGNMENT AND SAID

THIS INFORMATION HAD COME "FROM HIS SOURCES." HE SAID THAT

HE DID NOT DESIRE TO RELEASE SA HALE'S NAME IN HIS BOOK, BUT

ONLY NEEDED INFORMATION THAT HE BELIEVED SA HALE POSSESSED

IN ORDER TO MAKE THIS BOOK FACTUAL. HE SAID HE HAD BEEN AT

THE 1964 DEMOCRATIC CONVENTION SERVING AS A REPORTER.

SA HALE ADVISED MR. WISE THAT HE UNDERSTOOD THE

NATURE OF MR WISE'S INQUIRY BUT THAT HE COULD NOT MAKE ANY

Approved:

Special Agent in Charge

NW 55240 DocId: 32989817 Page 219

Sent

_M Per -

U.S. Government Printing Office: 1972 - 455-574

---

## Page 220

FD-36 (Rev. 5-22-64)

Transmit the following in

Via

FBI

Date:

(Type in plaintext or code)

(Priority)

PAGE FOUR (ME 66-2150)

STATEMENTS CONFIRMING OR DENYING THE INFORMATION IN POSS-

ESSION OF WISE. IT WAS SUGGESTED HE MIGHT DESIRE TO CONTACT

FBI HEADQUARTERS REGARDING THIS MATTER AND WHILE SA HALE

WOULD NOI CONFIRM OR DENY HIS ASSIGNMENI AT ATLANTIC CITY,

ANY FURTHER CONTACT BY MR. WISE WOULD HAVE TO BE CLEARED

THROUGH FBI HEADQUARTERS.

HE ACKNOWLEDGED THESE STATEMENTS BY SA HALE SAYING THE

FBI HAD ALWAYS BEEN COOPERATIVE WITH HIM IN THE PAST AND

WOULD CONTACT THEIR PRESS RELATIONS DEPARTMENT WITHIN THE

NEXT WEEK OR TWO IN AN EFFORT TO GET BUREAU TO APPROVE HIS

TALKING WITH SA HALE.

END.

Approved:

Special Agent in Charge

NW 55240 Docid: 32989817 Page 220

Sent

- M

Per

U.S. Government Printing Office: 1972 - 455-574

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## Page 221

$D-350 (Rev. 7-16-63)

(Mount Clipping in Space Below)

/Plan to Discredit

Militant Revealed

From Press Dispalcis

WASHINGTON. - Late FBI Director J. Edgar

Hoover approved a plan to discredit a Midwest black

militant leader with anonymous letters accusing him of

adultery and of being a bureau informant, according to

FBI documents.

The documents, made available by the Senate intelli-

gence committee,

show the bureau's campaign against

Charles E. Koen lasted from 1968 to 1971 and was ap-

proved at each step of the way by Hoover. However, it

was unclear whether the letters were ever actually sent

to Koen, who a committee spokeswoman said is currently

a minister in Cairo, Ill.

According to the FBI documents,

the campaign

Se Lot a ficiain send her anonymous Teres cry-

cizing him for referring to the possible use of violence in

his public speeches.

Two months later, Hoover authorized the FBI's Balti-

more office to send an anonymous letter to the No. 2 man

in the Black Liberator movement informing him that

Koen was working for either the CIA or FBI. The letter,

signed "A Soul Brother," said Koen "was in Baltimore

last week and spent most of his time in the Justice Build-

ing. Don't know whether that cat was talking to CIA or

FBI."

In other developments, Democratic House and

Senate leaders have called for congressional inquiries

into the assassination of Dr. Martin Luther King Jr.

Democratic Whip Robert C. Byrd, D-W. Va., urged a

"thorough probe" by the Senate Intelligence Committee.

A sexies as the case by the Justice Department was

ordered last week.

ORig

furd to

BUREAU

12-5-754014

55240

DoeId: 32989817

Page 221

(Indicate page, name of

newspaper, city and state.)

PAGE 33

MCIPITIS PRESS

SCIATTAR

MEMPHIS, TENN

Dates DEc. 3, 1975

Edition:

Author:

CHARLES I.

Editor:

SCICEIDER

Title:

SENSTUDY-75

Character:

Classification:

66-2150

Submitting Office: MCHIPTIS

_ Being Investigated

SEARCHED

_INDEXED

SERIALIZED

DEC:

$ 1975

FBI -MEMPHIE

---

## Page 222

FD-350 (Rev. 7-16-63)

(Mount Clipping in Space Below)

Wiretap 'Precedents"

Traced to FDR, REK

newspaper, city and state.)

DRig

fud

BUREAU

12-5-75-004

WASHINGTON. - (AP) - The Tate

Atty. Gen. Robert F. Kennedy approved

FBI Wiretaps on two newsmen and four

government employes as well as on civil

rights leader Martin Luther King, the Sen-

ate Intelligence Committee was told

today.

Committee counsel John Elliff said the

taps as well as similar wiretaps on the

home telephones of top aides to President

Franklin D. Roosevelt "were undoubtedly

precedents J. Edgar Hoover had in mind"

when he carried out orders from the

Nixon White House to install wiretaps on

newsmen and government officials.

Those wiretaps were installed in 1969

on the telephones of 17 reporters and gov-

emment officials, including former White

•House aide Morton Halpenin,

who has

filed a lawsuit challenging the legality of

the action. Haiperin's phone was tapped

for 21 months.

The taps were installed in an attempt to

stop suspected leaks of classified informa-

tion to the press

In related developments:

• Atty. Gen. Edward H. Levi said in an

interview he has not ruled out disciplinary

action against FBI agents involved in a

campaign of harassment against King.

Levi said the attempt to discredit King,

including a letter which King reportedly

took as a suicide suggestion,

"come

under the heading of outrageous."

•• Cartha DeLoach, assistant to Hoover

during the 1960s. told the committee the

bureau prepared reports on all candidates

for Congress, including statements about

Whether the candidate was friendly to the

director. Deloach said Hoover used the

reports for writing congratulatory mes-

sages to the winners of congressional

elections.

• Sen. Robert Morgan, D-N.C., told the

committee the FBI kept similar files on

mầny state Ufficials.

PAGE /

HELPITIS PRIESS

SCIMITAR

DELPHIS, TRAY

Date: DEC. 3,1925

Edition:

Author:

CHA".L3S A.

Editor:

SCINDICER

TINENS TUDY -75

Character:

Classilication: 666-2150

Submitting Office: MSHIPT:IS

_ Being Investigated "

SEARCHED.

SERIALIZED.

_INDEXED

_ FILEU-

sast

DEC.

$ 1975

ULTW

55240

DocId: 32989817

Page 222

---

## Page 223

Elife said the Kennedy-aparoved wire-

aps were on the telephones of Hanso

Baldwin, a now-retired reporter for the

Dery or Ties wed an enterey

were ordered as part of an investigation

into leaks of classified information, h

attorney general was taken away from hi:

normal duties.

Elliff said investigators have found in

mony that these taps were ordered by

In addition, Eliiff said, the White House

received

internal communication from Newsweel

magazine reporters to their editors i

New York.

as

Katzenbach authorized a wiretap on the

editor of an anti-Communist newsletter as

part of a leak investigation. He identifie

either the editor nor the newslette

Peter Arnett and columnst Joseph Kraft

Elliff gave no indication of what prompted

the request.

Turn to Page 9-Y - SENATE

NW 55240

DocId: 32989817

Page 223

---

## Page 224

Senate Panel Told That RFK.

Approved Wiretaps on King

checks, Elliff said, were internal FBI re-

ports on all members of a Senate subcom-

when he was the 1964 Republican presi-

dential

candidate, and

on persons who

signed telegrams critical of U.S. policy in

Vietnam in 1965.

DeLoach said the request for

name-

checks on Goldwater employes

was re

buffed by the bureau.

But a memo made public by the com-

mittee indicated the FBI had reported to

Bill Moyers, a Johnson aide at the time,

that. no derogatory information could be

found on 13 members of Golawater's staff

and

that derogatory information was

available on two others.

Elliff said, however,

that the requests

'for namechecks were minor in compari-

son with the FBI's systematic policy of

preparing namechecks on congressmen,

public officials and other prominent per-

kamies of more extensive name-

mittee which threatened te investigate the

FBI in the mid-1960s.

The counsel also said former Vice

President Spiro T. Agnew received derog-

atory public information about the Rev:

Ralph David Abernathy, presently head of

the Southern Christian Leadership Confer-

ence, because Agnew

"thought he was

going to have to start destroying" Aberna-

thy's credibility.

Agnew himself was the subject of an

FBI investigation in 1968 when President

Johnson asked the bureau to check toll-

call telephone records to determine

whether

Agnew

the Republican vice

presidential

candidate at the time,

trying

, was

to sabotage Johnson's Vietnam

peace talks.

NW 55240 DocId:32989817

Page 224

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## Page 225

FD-350 (Rev. 7-16-63)

(Mount Clipping in Space Below)

Panel Probing

FBI-Klan Ties

Hears 2 Sides

WASHINGTON (AP) - A top FBI official Tuesday

called the campaign against the Ku Klux Klan the bu-

reau's "finest hour."

But a one-time informant said

agents rarely acted

to head off Klan attacks against

blacks and civil rights workers.

• The informant, Gary Thomas Rowe Jr., wearing a

hood to mask: his face, told the Senate Intelligence Com-

mittee that FBI officials condoned his participation in

acts of vioience while he was a Klan member from 1960

to 1965. They also ordered him to sow dissension within

the Klan by sleeping with the wives of as many Klan

nembers as possible, he said.

• James Adams, the FBI's deputy associate director

for investigation, testified Rowe never was told to 'in-

¿volve himself in violence er sexual activities.

However,

Sen. Walter, Huddleston (D-Ky.) said

• Rowe's control agent has in effect corrobrated his story

preing ne come one So rod idiot and

dale

(D-Minn.)

told

Adams the record now

is clear that while the

FBI is the world's best

law enforcement agen

cy, it is a consistent

bungler in the field of

political activities.. I

interfered

liberties

and

civil

finally

heaped shame upon it-

self, he said.

Rowe said he warn-

ed the FBI three weeks

in advance about plans •

by the Klan to attack

freedom

riders

•in

Birmingham.

He said the attack

fud to

ofig

12-4-75-00326

BUREAU.

took place as planned as

the Klan moved in. with

Gary Rowe

baseball

bats,

clubs,

chains and pistols after

having been promised free rein for 15 minutes by mem-

bers of the Birmingham police force.

Rowe said that when he asked the FBI why nothing.

had been done to prevent the attack, he was told,

• "Who in

the hell were we going to report it to? The police depart-

ment was involved."

Rowe said the Klan got extensive help from the po-

-fice department and county sheriff's department in Bir-*

si minghan aad was allowed unlimited access ta toe perce

NW

55240 DooId: 329690117

"department's intelligence files on civil rights orders..

rage

•175800

(Indicate page, name of

newspaper, city and siate.)

PAGE 4

-

COPDIERCIAL APPEAI

MEMPHIS, TENN

-

Date:

: Dec. 3,1975

Edition:

Author:

Editor: MICHAEL GREIIL

THIGENSTUDY-75.

Charceter:

Classification: 666-2150

Submitting Office: WAMPHIS

Beirg investigated

SEARCHED_

SERIALIZED_

_INDEXED

LEC:

4 1975

FBI - MEMPHIS

---

## Page 226

i Siesaid Klan members often rode in police cars to

"keep track of civil rights activities.

• Rowe described another incident in which a judge in

Birmingham returned to the Klan weapons which had

been confiscated by the Alabama State Highway Patrol.

can" and told him to take the weapons and "put them to

good use."

Rowe said his FBI contacts were astonished when he

displayed the weapons cache in the trunk of his car.

Rowe said the FBI told him to take any action he-

could to disrupt and discredit the Klan, including spying

on the sex lives of Kian members in order to "pass the

word around and to cause dissension in their homes."."

That charge was denied under oath by Adams.

agains the sian about there cent of the Kian were en

members

were FBI informants,

zero in on abuses.

"I think our accomplishment with the Klan was the

EBl's finest hour."

.; Committee members noted that the FBl's campaign

** against Rev. Martin Luther King Jr. began in 1962 after

* King refused to discuss with the FBI his charge that the

bureau's

activities

in

the

South • were "aiding

" segregationists."

dams noted the FBi cannot arrest persons brakir

state or local laws. He said bureau files show Rowe

information was relayed to police departments in evers

winstance and that the Justice Department also wa:

informed

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## Page 227

FD-350 (Rex. 7-16-63)

(Mount Clipping in Space Below

Hoover Tribute Slammed

WASHINGTON (UPI) - Saying J.

Hoover violated the Constitution and

Edgar Hoover violated the law,

some.

broke laws attempting to entrap innocent

members of Congress introduced bills. citizens.and, in fact, world leaders."

Monday to take his name off the new FBI He referred, among other things, to al-

building.

legations that pover had

civil rights

leader Martin Luther King Jr. watched i

"The disclosures last month to the

Senate Intelligence Committee indicate

•and hoped to discredit him.

that Mr. Hoover was a sick individual, a

"I really do not think Americans would

bigot, who had no more respect for the.

like to remember the things that had been

law than the criminals he was supposed to

done during Hoover's administration (at •

s be in charge of apprehending." said Rep.

the FBI) by putting his name on that :

Patricia Schroeder (D-Colo.) in introduc-

building," Rangel said

ing her bill to rename the structure sim-

The building

named for the longtime

ply the FBI Building.

director of the FBI, on Pennsylvania Ave I

nue between the White House and the

"Hoover's name should not be allowed

Capitol, was completed in October at a.i

to defame a public building," she said.

cost of $120 million. Mrs. Schroeder call-i

onsored a similar bill, said: "Mir.

(sponsored a similar bill, said:

ed it the most expensive federal office

building ever constructed:

Eder Heaven ed Bullet

— AP Wirephoto

The Hoover Building: A Tribute Under Attack -

"NN 55240-DoeId: 32989817

Page

227

not titan

(Indicate page, name of

newspaper, city and state.)

— PAGE 9

— CONMERCIAL APPE1

MENPIT'S, TENN

Date: DEC. 2, 1928

Edition:

Author:

Editor: MICIAEL GREIIL

Title:

SENSTUDY-75

Character:

or

Classilication: 666-2150

Submitting Office: HEMPHIS

Being investigated

SEARCHED.

INDEXED-

SERIALIZED.

_FILED COS

DEC: & 1975

FBI - MEMPHIS

---

## Page 228

elim

FD-350 (Rev. 7-16-63)

(Mount Clipping in Space Below)

Hoover Secretary Destroyed

Files On Order

WASHINGTON (AP) - 3. Edgar Hoover's long time

secretary told Congress Monday that when the Federal

Bureau of Investigation's director died in 1972, she sys-

tematically destroyed his personal files, "as Mr. Hoover

indicated he wanted." •

Helen W. Gandy told a House subcommittee that she

and another secretary went through all the files in

Hoover's inner offices, destroying everyone that was,

marked "personal."

"There were 30 or 32 file drawers. I did not keep a

record of how many," she testified. "I tore them up and

put them in cartons. They were then taken to the Wash-..

ington FBI field office to be either incinerated or:

shredded."

Meanwhile,

former FBI informant Gary Thomas

Rowe Jr. said he has told Senate investigators he repeat-

ediy provided advance warnings of Ku Klux Klan attacks

against blacks and civil rights workers but the bureau

took almost no action to prevent the incidents.

In an interview, Rowe said the FBI knew Klansmen

would attack a group of Freedom Riders as they debark-

ed from their buses in Birmingham, but agents merely

stood by and took photographs of the 1961 incident.

Rowe is scheduled to testify under oath Tuesday be-

fore the Senate intelligence committee. He will wear a

mask in order to preserve his new identity.

Miss Gaady denied that the files she personally de-

stroyed contained any official FBI business or informa-

tion on the personal lives of public officiais. And she said

that she did not consider her actions to have violated an

order by then acting-Atty. Gen. Richard G. Kleindienst :

that Hoover's offices be sealed. Kleindienst testified to

the subcommittee on government information that upon

learning of Hoover's death on May 2, 1972, he ordered.

that Hoover's suite of offices "be locked and sealed."

"I didn't want to have any records of the FBI left in

a position where no one was responsible for them,"

Kleindienst said. •

Kleindienst said he didn't pursue the matter because

I. Patrick Gray was soon sworn in as acting FBI director

and took responsibility for the files:

done 30

Just a def

(Indicate page, name of

newspoper, city and state.)

_ PAGE 9

-

COMERCIAL APPEA

- MEMPINS, TENN

Daro: Dec. 2, 1975

Edition:

Author:

Editor: MICILAEL GREHIL

Title:

SENSTUDY -75

Character:

Classification: 66:2150

Submitting Ordice: HOMPHIS

Being investigated

SEARCHED

_INDEXEU.

SERIALIZED

. DEC:

* 1975

FBI - MEMPHIS.

NW

55240 DocId: 32989817

Page

228

---

## Page 229

Miss Candy testified that between May 2 and May 12:

he and another secretary worked on Hoover's files ir

us FBI office, segregating the personal ones from those.

marked "official and confidential."

These official files were retained

by the FBI, she said.

After

Viay 12, the files wer

loved to the late FBI director's resi

dence, where Miss Gandy said she

continued the destruction process for

another two months.

"Mr. Hoover would not have al.!

lowed them to be used if he had been

living," she

testified, "I had my

as instructions "

Miss Gandy repeatedly said she

Miss Candy found nothing in the personal files

that did not relate strictly to personal matters.

owever, in contrasting comments, former FBI A

istant Director William C. Sullivan said Hoover

personal files vere filed with political and personal infor

NW 55240

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Page 229

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## Page 230

FD-350 (Rev. 7-16-63)

(Mount Clipping in Space Below)

Ace essen

The News Media's Hypocrisy

To The Commercial Appeal:

During the Jengthy Watergate tur-

moll, I had an uneasy and unexplainable

feeling of

animosity

toward the news

media. Many people did. Even one televi-

sion reporter lamented the fact. "We did-

n't create Watergate," he said, "we just

(Indicate page, name of

newspaper, city and state.)

reported it. Why blame the news media

for it?"

At the time his statement seemed

superficially true. But since the confusion

and emotionalism of that time have died

— PAGE 5

down and we have been separated from it

by time, an element of objectivity has

been added to the feelings I had and in

retrospect I can now

identify them

— COMERCIAL APPEAT.

properly.

No,

the news media didn't create

Watergate. But there have been many,

many scandalous situations that the public

— MERPITS, TENT

had a right to know about that have gone

unreported for years - a drunken con

gressman on the floor of the House, ques

tionable relationships between public offi

cials ard underworld figures, etc. There

are many things I'm

sure we'll never

know that the news media had access to

fairs of some of our other presidents. And

this is not to say that two wrongs make a

right, either. It's just that by singling out

effect, were sitting in judgment on him. It

wasn't their reporting of the facts. It was

their motives in doing so.

Just as now with the exposure of the

FBI involvement with the Dr. Martin Lu-

ther King

scandal. They aren't exposing

the facts the FBI uncovered in their sur-

veillance (for fear of damaging Dr. King's

reputation), just the methods the FI used

in

uncovering

those

facts.

What

hypocrisy.

Suppression of the news is suppres-

sion no matter what the reason. If a man's

reputation is good enough reason for it,

then why are they condemning J. Edgar

• Hoover — a dead man, unable to come to

his own defense? What of his reputation?

It's the news media's selectivity in

reporting events that the public objects to

- not the facts themselves. People's mo-

tives are sometimes much more important

than their actions.

Their efforts to discredit one man's

reputation while shielding another's have

cost them the respect and confidence of

the American public.

MRS. LILITAN HALL

NW 55240

DocId: 32989817

Pale Has mian

Date: NOV. 30, 1975

Edition:

Author:

Editor: MICHAEL GRETL

Title:

EDITORIAL

Character:

or

66-2150

Classification:

Submitting Office: MCMPTIIS

I Being Investigated

SEARCHED

SERIALIZED,

INDEXED.

_ FILED Encl

1 20: * 1975

FBI - MeMPHISL

---

## Page 231

After Mr. Hoover

To The Commercial Appeal:

Now it is said that many pohticians

and prominent men feared him.. Why so:

ober drivers don't fear trailing cop

hey say he was a man riddled wi

orry, Mr. Hoover, out there seem

o be a concerted effort afoot to disinter

and place you in a potter's field, a la Bol-

shevik.

RUSS SIMPSON

Germantown

NW 55240 DocId: 32989817

Page 231

---

## Page 232

FD-350 (Rev. 7-16-63)

(Mount Clipping in Space Below)

NW

Hoover, King and the F

A. years-long personal vendetta con-

to receive the Nobel Peace Prize, the

ducted o0 eh, against the later. Ma: Fainise a veil as angstions letter com-

taining a veiled suggestion that he coin-

tin Luther King ir., has now been re-

mit suicide.

vealed in testimony before the Senate

Committee testimony also shows that

Intelligence Committee.

during Hoover's directorship the FBI

If the American peopie aren't appall-

compiled dossiers on half a million

ed by. the revelations, they should be.

Americans, often using "dirty and dan-

Some of the facts of the FBI's cam-

gerous" tactics similar to those used

paign of harrassment against King, and

against foreign spies.

its continued efforts to compromise him,

These transgressions - and they

have emerged piecemeal in the past.

were transgressions, no matter how

But only now, in the light of evidence

well-meaning the motives may have

presentea to the committee, is it possi

been - are difficult for Americans to

ble to assess the degree to which the

comprehend in the context of their free

FBI under Hoover transgressed against

and open society.

the civil rights of King and thousands of

And, coming on the heels of revela-

other citisens.

tions of similar transgressions by the

For, as James Adams, FBi assistant

CIA in recent years, they are doubly

director in charge of intelligence, told

the committee this week, there was no

But now, at least, the facts are on the

legal basis to justify the seven-year ef-

record, and it isn't too late to begin a

fort to discredit King. During that peri-

fresh chapter in the history of an agency

od, only one surveillance of King was

that has, in the main, served this coun-

approved by an attorney general, Robert

try well.

F. Kennedy.

FBI Director Clarence Kelley has

In spite of mammoth wiretapping and

urged Congress to exercise more control

bugging operations aimed

over the bureau and thus help "restore

that King wes under "Communist influ-

breach

credibility"

it has

ence," no real evidence was found.

Beyond that, the FBI at Hoover's urg-

"I would not object at all to come to

ing did its best to compromise King with

Congress and report to the committee

tales of alleged marital infidelity. It also

with oversight authority and tell them

took upon itself the task of finding a

exactly what we are doing and how we

"new national Negro leader" to promote

are doing it," he said.

in place of King. Nothing came of that.

We can't think of a better way.

And in 1964, shortly before King was

to

sued

Rig

BUREAU 11-24-75

55240

DocId: 32989817

Page

232

ndicate page, name c

ewspaper, city and state

— PAGE 4

— MEMPHIS PRESS

SCIMITAR

— NEMPHIS, TENT

BatOY. 21, 1975

Author:

Editor: CHARLES H.

Title:

SCINEICER

SENSTUDY -75.

Character:

or

Classification: 666-2150

Submitting Oifice: MEMPHIS

Being Investigated

66-2150

SEARCHED.

INDEXED.

SERIALIZED.

NOV 2 4 1975

FBI - MEMPHIS/

---

## Page 233

FD-350 (Rev. 7-16-63)

—..

(Mount Clipping in Space Below)

Black Leaders Say

1 Acts Against King

More Than Believed

• Memphis black leaders who were associated with Dr.

Martin Luther Ring Jr. before his assassination here in

1968 said yesterday they were generally aware that Dr

King was threatened by the FBI.

However, most said they had not realized the extent

of the threat, and one said the disclosures that the FBI

had waged a campaign to discredit Dr. King bring into

question the investigation of his murder.

The staff of the Senate Intelligence Committee Tues-

day revealed that the FBI's campaign had included send-

ing Dr. King a letter which he interpreted as a sugges

tion that he commit suicide the planting of 16 electronic

bugs and & wiretaps and an eftort to promote another

black leader.

"This calls for a whole new.lask at the investigative

process that went into the King murder," said Rev. Sam-

uel B. Kyles, pastor of Monumental Baptist Church and

head of Operation PUSH.

The black leaders said Dr. King had mentioned at-

tempts by the FBI to intimidate him but had never gone

"On occasion he said he knew he was being spied on,

that his room was bugged. But his position was that he

a mot witting to dewas the overtiment, he was not

"We had not had a discussion on the threats: He hac

nentioned to me, in fact to a group of us, about being

intimidated by the FBI.

"He said he was not going to be intimidated, but he

did not go into detail. That was just in a general conver-

pay the price,"

(Indicate page, name of

newspaper, city and state.)

- PAGE 12

— COIMCRICAL APPEAL

— NENPHIS, TENN

Date: NOV. 20, 1975

Edition:

Author:

Editor: MICHAEL GREHL

Title:

SENSTUDY -75

Character:®

or

Classification: 66-2150

Submitting Office: MEMPHIS

Being Investigated

66-2/50

ISE'

_NED

furd

10

ORig

BUREA4 11-21-751901

King became an obsession with him because he le

t become personal," said Rev. Henry L. Starks, pastor o

St. James AME Church.

"I don't think people really understood the extent of

Hoover's personal

dislike of King. I think he felt he

body but Dr. King"

the lobel race prize in 1965, 34 days after he receiked

INTW

55240

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Page 233

---

## Page 234

he blagk leaders said they also felt threatened, at

he time of their major civil rights activities in the 1960.

"I'm certain that the people working with Dr. King

were aware they were being spied on and things would-

be used against them and that they were in as. much

danger from law entorcement people as from people out-

side the law," said Vasco Smith Jr., now a County Court

squire.

Mrs. Maxine Smith, his wife and the executive secre

tary of the Memphis branch of the NAACP, said she and

others were aware long before King's death that tele-

phones of civil rights leaders were tapped and that law

enforcement agencies were looking for information that

could-be used-to discredit them.

She said she also believes her telephone has been

Board of Education

Mrs. Smith and others were outraged because of the

estroy some of the greatest minds it can prosuce, then 1

can't understand what this country is all about.

NW 55240

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Page 234

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## Page 235

FD-350 (Rev. 7-16-63)

(Mount Clipping in Space Below)

s-1a.

Dr. King And The FBI

THE REVELATIONS about former

The FBI's campaign against King

•FBI Director J. Edgar Hoover's obsession

with Dr. Martin Luther King Jr. fall

heavily in Memphis.

It was the FBI which took over the

investigation of the assassination of Dr.

King here after the April 4, 1968, tragedy.

Details of the investigation learned later

showed that it was a herculean effort

which resulted, with an assist from Scot-

land Yard, in the arrest of James Earl

Ray. At the time of King's death, however,

suspicions of a conspiracy were rampant,

especially among blacks.

The suspicions were fed by. the stand-

ard retort of "no comment" to questions

and the instant and total embargo on

• intormation py law entorcement agencies.

The evidence of an FBI campaign to

destroy King's influence brought out in

• Senate Intelligence Committee hearings

aggravates those lingering suspicions

even though there has been no persuasive

evidence of coverup or conspiracy.

EVIDENCE in the committee hear-

ings shows that Hoover ordered reports

that King was not a threat to the country

rewritten to coincide with what must be

considered his personal prejudice. Hoov-

er's fixation against King is evident in the

tawdry letter and tape recording

anonymously by the FBI to King 34 days

before he received the 1964 Nobel Peace

Prize. The sender, after alleging knowl-

edge of unsavory activities by the civil

rights leader, said he had "only one way

out." That way has been construed to

King did go on to accept the prize.

And he went on; until his death in Mem-

phis, to marshal efforts in the struggle

against injustices to blacks and the pocr.

Despite the FBI's six-year effort to dis-

credit nim, neither his resoive nor his

courage were shaken. Indeed, Hoover's

failure can be regarded as particular.cor-

rohoraticn.ef that resolve and that cour-

age.

Hoover, it should not be forgotten that he

was the man who seized control in the

1920s from political hacks and hangers on

and built the FBI into what is still consid-

ered the most efficient law enforcement

agency in the world.

Hoover was a man who stayed on be-

yond his time, secure in a power nurtured

by self-appointed sycophants. His career,

despite contemporary criticism, was more

admirable than not, but in the final chap-

ter he cast a shadow on that in which he

had so much pride.

A POLICE czar is contrary to the

ideals of this nation. Such power must not

be allowed for one man again. Account-

ability must be demanded, even as it is

being demanded now.

In a recent speech, the present direc-

Clarence Kelley concedes

"perhaps our operations will derive bene-

it from the unprecedented surge of new

nedia and official interest in the FBI.'

It is unlikely Hoover would have

made such a concession.

But having said that, Kelley also

pointed out that "the threat posed by le-

thal bands of revolutionaries, hate groups

and extremists who openly espouse vio

lence and hostility to our system of gov-

ernment" still exists.

"Unchecked," he said, "these ped-

diers of death and destruction represent a

very genuine threat to the freedom and

tranquility of people like you — law-abid-

ing and productive citizens throughout the

That fact should not be forgotten,

even as the FBI is being held accountable

for past sins and struggles to regain the

public confidence it needs if it is to ke

Orig fud to

BUREAd 11-21-751652

WW 56240 DocId: 32989817

Page 235

adicate page, name c

wspaper, city and state

PAGE 6

CONMERCIAL APPEAL

— HEMPHIS, TENN

-

Dates NOY, 20, 1975

Edition:

Author:

Editor: MICHAEL GREHL

Tstle:

SENSTUDY -75

Character:

of

Classification:

6660-2150

Submitting Office: MEMPHIS

Being Investigated

66-2150

SERPENED.

_ 109025=

Sti

!!: :151t

Fire imprudes

---

## Page 236

#0-350 (RoT.7-18-63)

(Mount Clipping in Space Below)

FBl's Use of

Break-ins

For 26 Years

Revealed

(Indicato page, name of

newspaper, city and state.)

PAGE/

MEMPHIS PRESS

SCIMITAR

DENPRIS, TENN

66-21507

Date:

Edition:

Author:

Editor:

Title:

CHAPLES H.

SCINEILER

145

NW 55240

DOCId: 32989817

Page 236

Charactes:

0r

66-2150

Classification:

Submitting Office:

MONIPIIS

/ Being Investigated

D-340 L

SEP2 6 1975

FBI - MEMPHIS®

VIRE

---

## Page 237

950 (Rov-7-18-638

(Mount Clipping in Space Below)

WASHINGTON. - (AP) - The FBI con-

ducted hundreds of break-ing against

"domestic subversive targets" over a 26-

year period ending in 1968, the chairman

of the Senate Intelligence Committee said

today.

Releasing information supplied to the

committee by the FBI, Sen. Frank Church,

D-Idaho, said there were 238 break-ins

conducted against 14 "domestic subver-

sive targets" from 1942 to 1968 and

"numerous entries"

against three other

similar targets from 1952 to 1966.

Charles Brennan, former head of the

FBI's

Domestic

Intelligence

Division,

testified that the FBI's use of break-ins as

an intelligence-gathering tool began to die

out in the early 1960s.

Brennan said it was his opinion that the

practice was curtailed as a result of in-

creased emphasis on organized crime and

: civil rights, and of the late FBI Director J.

Edgar Hoover's, fear of creating

an

embarrassing incident which would give

critics a chance to demand his resignation

as he neared the mandatory retirement

age.

In other action the committee wants-to

question former President Nixon about a

CIA program of opening and copying for-

eign mail to U.S. citizens, even including

one letter to Nixon.

The decision to ask Nixon to testify on

this and other matters was announced

Wednesday by Church. James Angleton,

former CIA chief of counterintelligence,

told the committee intelligence agencies

illegally opened private mail over a period

of 20 years.

The victims, according to Angleton's

testimony and statements by Church, in-

cluded Nobel Peace prize winner Linus

and Martin Luther King dr.,

'Church and other senators, Nixon himself,

the word and Rockefeller Fougdations and

Harvaie Unversity.

Church said the intelligence operation;

code named 4HT Lingual," intercepted a

letter to Nixon in June, 1968 - when he

was campaigning for president - from

his speechwriter,

traveling in the Soviet Union.

Church said a letter he himself wrote to

Soviet

Union

l. and

photographed.

Judge Lewis

scribing a June s, 1970, meeting

hich Nixon instructed the nation's inte

on them.

NW 55240

DocId: 32989817

Page 237

(Indieate page, name of

sawspaper, city and stale.)

_ PAGE

MELIPHIS PRESS

-

SCIMITAR

NERPHIS, TEN:

Dato:

Edition:

Author:

CHAPLES H.

Editor:

SCINEITER

TIlle:

Characies:

or

Clannification:

Submitting Office:

MOMPIFIS

Being Investigated

---

## Page 238

FD-350 (Rov. 7-16-63)

(Mount Clipping in Space Below)

FBI Break-Ins Against Extremists

Yielded Little, GAO Say$

•WASHINGTON (AP) - FBI tortestic

intelligence

operations,

including

break-ins in New York City and Chica-

go in the 1960s, produced few warnings

of extremist and subversive activities

and few convictions, Congress was told

Wednesday.

In delivering a comprehensive anal-

ysis of FBI doméstic intelligence ac-

tivity, Congress' General Accounting:

Office said it came across eight FBI

break-ins in New York and one in

Chicago in the early 1960s.

The GAO investigators tols -thes.

House civil rights subcommittee they

-*

had no details on the break-ins — not

even the organizations involved - but

said all were subversive and extremist

• groups.

"I think we can say it appears to

have been a technique used fairly fre-

' quently in one field office," said Rich-

ard L. Fogel, an assistant GAO division

director. "We didn't get any indication

• this technique was used broadly across

the country."

The late FBI Director J. Edgar

Hoover ordered the break-ins stopped

' in 1967.

The GAd said that in a surver of 676

FBI domestic intelligence investiga-

tions in 10 cities, it found only 12 cases

in which advance warning was obtain-

ed of subversive or extremist activi

ties. Some of the 676 cases went bac!

for many years and some were as late

as 1974.

Only 16 of the 676 cases were refer-

red for prosecution and only 4 resulted

in conviction

of

subversives or

extremists.

In 344 - 51 per cent - of the cases,

the FBI was unable to establish that

the suspects were in fact associated

with subversive activities, lie GAO re-

port said.

But while suggesting the FBI intelli-

gence gathering had produced too little

analysis for policy makers, U.S. Comp-

troller Gen. Elmer B. Staats said ir

delivering the report that the FBI's

practice of simply gathering intelli-

gence "may be sufficient."

"Who is to say," Statts said, "that the,

bureau's continuous coverage on such

groups and their key leaders has not

prevented them, to date, from achiev-

•ing sheir ultimate subversive and

extremist goais."

The GAO said it sampled domestic

inteligence Investigations in Chicago,

Los Angeles, New York and San Fran-

cisco, which it said had high volumes

of such activity, and in Atlanta; Buffa-

lo, N.Y.; Columbia, S.C.; Sacramento

San Diego, and Springfield, Ill.

The report said the last six cities had

"medium

domestic

intelligence

, caseloads."

•The GAO survey was conducted in

1974 but in many cases the intelligence

insestigations had covered a number of for,

years.

(Indicate page, name of

newspaper, city and state.)

_ PAGE 49

COMMERCIAL APPEAL

MEMPHIS, TENN.

-

66-.215218

Date:

Sept. 25,1975

Edition:

Author:

Editor:

GORDON HANNA

Title:

9/26175

Bar

Character:

Classification:

Submitting Office:

MEMPHIS

Being Investigated

66-2150

He tho

3E04137

NY 55240 DogEd:32989817-Lage238

---

## Page 239

FD-36 (Rev. S-22-64)

Transmit the following in

Via

TELETYPE

FBI.

Date:

CODE

(Type in plaintext or code)

NITEL

(Priority)

9/18/75

013

TO : DIRECTOR

(62-116395)

DETROIT

FROM: MEMPHIS (66-2150)

PERSONAL ATTENTION

SENSTUDY 75

REBUNITEL OF SEPTEMBER 17, 1975.

REFERENCED NITEL LISTED ADDRESS OF PHILIP S. ENDRES

AS 22 SOUTH SECOND STREET, MEMPHIS, TENN. INQUIRIES AT

THAT LOCATION DETERMINED HE IS NOT KNOWN THERE. BUREAU

SUBSEQUENTLY ADVISED

FIEN OF ADDITIONAI DATA LISTED

1975 ADDRESS AS 1527 PINE RIDGE DRIVE, GRAND HAVEN, MICHIGAN,

AND PRESENTLY EMPLOYED AS DIRECTOR OF SECURITY, GENERAL

TELEPHONE COMPANY, MUSKEGON, MICHIGAN.

DETROIT HANDLE IN ACCORDANCE WITH INSTRUCTIONS SET FORTH

IN REFERENCED NITEL.

END

RHB: In

(1)

Approved:

Special keen?

in Charge

NW 55240 DocId: 32989817 Page 239

66-2150

SEARCHED.

SERIALIZED.

NDEXED.

FILED Lone

DE 10:13

KEB

sent WA 6.l4RM Per PAU

.s. Government Printing Office: 1972 - 455-57

---

## Page 240

WR 863 WA CODE

11:55 PM. NITEL 9/ 17/ 75 MEE

TO ALEXANDRIA

JAC SO VILLE

ATLANTA

KNOXV ILLE

BOSTON

LOG A GILIS

DETROIT

MEMPHIS

JACHSON

NEWAR"

FROM DIRECTOR (52-116395)

NEW YORK

RICHMO VD

ST. LOUIS

SA" DIGO

SEATTLE

2150

PERSONAL ATTENTIO

SEVSTUDY 75

REBUTELS MAY 2, 1975, AJU GIPIDIOR 4, 1975, IO

ALL OFFICES AND EUTELO SEPTEMBE? 3, 1975, IC SELECTED OFFICES

INFORMING LATTER THAT SETATE SELECT COMMITTEE (SSC) HAD

REQUESTED IDENTITIES OF ALL SUPERVISORS AID COORDINATORS FOR

CO INTELPROS IN SELECTED OF ICES FOR (1) VEW LEFT AND BLACK

EX TREM IST, 1967 THROUGH 1971, AND (2) FOR WHITE HATE, 1964

THROUGH 19710

SSC ALSO REQUESTED LOCATIO'S OF PERSONS NAMED IN FIELD

RESPONSES TO REFERENCED SEPTEMBER 3, 1975, TELETYPES, AND

LATEST INFORMATION IN IHE ILES HAS BEEN FURISHED TO SSC.

66-2/50

SENiLIZED.

LEGALE

SEP e: 1875

FEI- MEMPHIS

NW 55240 DocId: 32989817 Page 240

---

## Page 241

PAGE TWO

SSC STAFF MAY COUTACT CURRE I A"S/OR FORMER MPLOYEES JAMED,

TO IUTERVIEW THEM O'ERIG THEIR INOULEDGE OF COINTELPROS

IN WHICH THEY HAD SUPIRVISORY OR COORDIVATIE RISPOSSIBILITIES.

• EACH O: THE FOLLOWIE, ORMIR IMPLOYEES TIC PI MESSRS.

CROKE AND MCMANUS IS TO D: CO TACTED IMMEDIATELY AND ALERTED

THAT HE MIGHT BE APPROACHES BY THE SSC STA

THE FORMER EMPLOYEE MAY, A. IER SI COITACIED BY SOC STAFE,

CONTACT BURZAU'S LEGAL COU DEL DIVISIONEY COLLECT CALL FOR

PULL INFORMATIOY TO ASSISI HIM INCLUDING OBLIGATIO IS AS TO

CONFIDENTIALITY OF INORMATIO: ACQUIRED AS. FEI EMPLOYEE. IT

IS EMPHASIZED THAT BUREAU'S 0:. ER OF ASSISTANCE IS NOI

INTENDED TO IMPEDE SSC WORK, BUT IS DONE AS COOPERATIVE

GESTURE AND TO SAFEGUARD SE SITIVE BUREAU INFORMATION.

CONTACIS WITH THESE FORMER EMPLOYEES TO BE HANDLED

PERSONALLY BY SAC OR ASAC. I I EVEVT THIS IS NOT FEASIBLE

FOR JUSI CAUSE, TO BE HAULED BY A SENIOR SUPERVISOR.

REGARDING FORMER SAS CROKE AVD MCMANUS, SSC HAS BEEN

INFORMED OF THEIR POOR PHYSICAL CONDITION AND REQUESTED TO

TAKE THIS INTO CONSIDERATIO: I: A'Y ACTIO. CO"TIMPLATED BY

SSC CONCERNING THEM.. WE DO NOT, HOWEVER, KNOW THAT SSC WILL

NW 55240

DacId: 32989817

Page 241

---

## Page 242

PAGE THREE

NOT CONTACT THEM. "EW YOR: O ICE, IN COORDINATIO: WITH

NEWARY SHOULD ARRA GE TO HAVE CO TACT MADE WITH CROLE AND

MOMANUS BY A ORMER ASSOCIATE TO MATE RICHLY IQUIRY AS TO

THEIR CURRENI CONDITIO • II IS DEIS LEFT TO DISCRETIOW OF

SAS NEW YORK AND VEWAR:, BACES O' REGULTS OF SUCH INQUIRY,

WHETHER CROKE AND MONA US SHOUL; BE IN ORMED REGARDING

POSSIBLE CONTACT O: THEM BY SSC. FUIHQ DOES LOT DESIRE

THAT THEY BE UNDULY ALAMED, BUT WOULÜ NOT WANT THEM SURPRISED

BY CONTACT OF SSC STAF: IF THIS COULD IMPAIR THEIR HEALTH.

IMMEDIATELY AFTER CO-TACT, RESULIS SHOULD BE FURNISHED

BUREAU BY NITEL IN ABOVE CAPTION, ATTEITION INTD, I. O. CREGAR, - 4612

BRIEFLY INCLUDING REACTION OF ORMER EMPLOYEES COITACIED. IF

A FORMER EMPLOYEE NO LONGER I ' YOUR TERRITORY OR TEMPORARILY

AWAY, SET OUT LEAD TO OTHER O: ICE IMMEDIATELY WITH COPY TO

FBIHQ.

ALEXANDRIA:

SETH F. EIRENBERRY, 5357 SUMMIT DRIVE, AIRFAX, VIRGINIA

JESSE C. HALL, JR., 4535 FATE" PLACE, AL XANDRIA, VIRGIVIA

ATLANTA:

CARL E. CLAIBORIS, 1365 MARY LÜU LATE, G.E., ATLANTA,

NW 55240 DocId: 32989817 Page 242

---

## Page 243

PAGE FOUR

GEORGIA

RICHARD HO DAVIO, 1147 WILD CREEK TRAIL, ATLANTA, GEORGIA

CHARLES S. HARDI G, 2243 PI ECLI:? DRIVE, " E., ATLANTA,

GEORGIA

BOSTON:

MASSACHUSETTS

RICHARD H. BLASSER, 129 ACADEMY AVENUE, WEYMOUTH,

ROAD, MELROSE

FREDERICKM. CONIORS, 15 LONG FELLOW ROMELROSE.

MASSACHUSETTS

MASSACHUSETTS

MICHAEL J. MCDONAGH, 28 SPRINGVALE ROAD, NORWOOD,

JOHN F. NOONAN, 122 VER'O" ROAD, SCITUATE, MASSACHUSETIS

DETROIT:

ROBERI F. 0 NEILL, 2551 IROQUOIS, DETROIT, MICHIGAN

JACKSON:

ROY K. MOORE, 107 SWALLOW DRIVE; BRANDON, MISSISSIPPI

JACKSONVILLE :

W. HERSHIL CAVER, 3714 ORTHUSSI 4DIH STREET, SAI'ESVILLE,

FLORIDA

KNOXVILLE :

_NW 55240 DocId: 32989817 Page 243

---

## Page 244

-

PAGE FIVE

IRVING R. ANDERSO,, 1099 PERCH "RIVE, CONCORO, TENNESSEE

LOS ANGELES:

JOHN KEARVEY,

4140 MAY: IDLU STREET, MENEURY PARK,

CALIFORNIA

RICHARD J. STILLING, 11648 AMESTOY STREET, GRANADA HILLS,

CALIFORNIA

JOHNS. TEMPLE, 2145 GRENADIER, SAN PEDRO, CALIFORNIA

M EM PHIS :

PHILIP S. ENDRES, 22 30UTH SECOND STREET, MIMPHIS,

TENNESSEE

NEWARK:

NEW YORK:

NEW YORK

BENJAMIN P. MCMA US, ? MICHAEL STREET, ORDS, NEW JERSEY

THOMAS J. CRONE, JR, 15 HO. STRA DRIVE, GREENLAWN, NE! YORK

JOHN J. DU:LEAVY, 1D SOUTAVIDY CT., CARLI PLACE, NEW YORK

JOSEPH H, GAMBLE, 24 CRIYSIO I ROAD, ROCHILLI CENTRE,

RICHMOND :

CHARLES F. HEI'ER, 25 TWIN'LA'E LAVE, RICHMOND, VIRGINIA •

RANDOLPH E. TROW,

1702 RACH DRIVE, RICHMOND, VIRGINIA

NW 55240 DocId: 32989817 Page 244

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## Page 245

PAGE SIX

JOHN H. WAGNER, NER, BARNING HAM ROAD, RICHMOND, VIRGINIA

SAINT LOUIS:

JOHN J. BUCKLEY, 9469 HARALD DRIVE, WOODSON TERRACE,

MISSOURI

SAN DIEGO :

EDMUND G. WELTO:, 825 DEA DELL COURT, FERGUSO:, MISSOURI

ROBERT S. BATER, 426% HORIE:SIA, SAN DIEGO, CALIFORNIA

SEATTLE :

LEROY W. SHEETS, 5725 72N0 STREET, N. F., MARYSVILLE,

• WASHINGTON

END

NEED PAGE FOUR OVER

HAVE GARELE

NW 55240 DocId: 32989817 Page 245

---

## Page 246

TO

:

FROM

SUBJECTI

OPTIONAL FORM NO. 10

MAY 1852 EDITION

GSA FPMR (41 CFR) 101-11.8

UNITED STATES GOVERNMENT

Memorandum

ALL EMPLOYEES

DATE:

9/8/75

SAC, MEMPHIS (66-2150)

SENSTUDY 75

Re Bureau nitel dated 9/4/75.

The Bureau has pledged full cooperation with

the Senate Select Committee (SSC) and has set forth

new procedures relating to SSC staff interviews of

current and former FBI employees.

The Bureau in the

past on learning of SSC interest in a current or

former employee has alerted that employee of possible

interview and reminded him of his confidentiality

agreement with the Bureau and suggested that if he

is contacted for interview, he may contact the Legal

Counsel Division by collect call for further information.

Usually the employee is told that he has a right to

legal counsel but the Bureau cannot provide same; that

the Bureau

has waived the confidentiality agreement

for the interview within specified parameters and

that there

are four privileged areas in which he is

not required to answer questions.

These areas relate

to information which may identify a Bureau source,

reveal sensitive methods or techniques, reveal identities

of third agencies, including foreign intelligence agencies

or Information from such agencies and areas that might

adversely affect ongoing Bureau investigations.

A

supervisor has been provided for such consultations with

the employee or former employee.

Effective immediately the Bureau will no

longer provide on-the-scene personnel for consultation

purposes and the prospective interviewees should be

told that if they desire assistance of this nature

during the interview they may contact either personally

(if interview is in Washington, D. C.) or by collect

call the Assistant Director of the Intelligence Division,

Mr. H. R. WANNALL, or in his absence, section Chiet

W. O. CREGAR.

1 - Each Employee

recsintea @ap.9/1/25

Cole - 2150

- 66-2150 (SenStudy 75)

4 - 66-31 (01fice Memo Tile)

SEARCHED.

_INDEXED.

SERIALIZED.

c.P1&: 1975

BDH :nkt

FBI - MEMPHIS

KH

INTA

5024:0

Savings Bonds Regularly on the Payroll Savings Plan

---

## Page 247

ME 66-2150

This change in procedure should not be

construed as lessening the assistance we are furnishing

to current and former employees.

The Director further advised he was exploring

avenues with the Department of Justice to arrange

legal representation as necessary for current and former

employees without expense to them.

Results of this

offort will be forwarded to all divisions.

2

NW 55240

DooId: 32989817

Page 247

---

## Page 248

FD-36 (Rev. 5-22-64)

Transmit the following in

TELETYPE

Via

CODE

FBI

Date:

9-8-75

(Type in plaintext or code)

NITEL

(Priority)

005

TO:

DIRECTOR (62-116395)

FROM: MEMPHIS (66-2150)

SENSTUDY 75.

REBUNITEL 9/5/75.

E. HUGO WINTERROWD CONTACTED BY SAC 9/8/75. WINTERROWD

HAS NOT BEEN CONTACTED AS YET BY SENATE SELECT COMMITTEE (SSC) •

IF HE IS SO CONTACTED HE WILL IMMEDIATELY GET IN TOUCH WITH

BUREAU'S LEGAL COUNSEL DIVISION FOR ASSISTANCE, INCLUDING A REVIEW

OF HIS OBLIGATIONS AS TO CONFIDENTIALITY OF INFORMATION ACQUIRED

AS FBI EMPLOYEE. WINTERROWD, WHO IS COMPLETELY COOPERATIVE,

INTENDS TO CONDUCT HIMSELF DURING ANY INTERVIEW BY SSC MEMBERS

IN ACCORDANCE WITH ANY ADVICE FURNISHED BY OFFICE OF LEGAL COUNSEL.

END

JHT : BN

(1)

Approved:

Special Agent in Charge

NW 55240 DocId: 32989817

Page 248

Sent

66-2150

LARCHED

SERIALIZED.

INDBXED

"LED EMA

_ M

Per GHS/ 7LL

U.S. Government Printing Office:/1972 - 455-574

---

## Page 249

NO AS! MA CODE

5:53PM NITEL 9/5/75 PMJ

IO ALEXANDRIA

BALTIMORE

BOSTON

CHICAGO

DALLAS

EL PASO

- JACKSON

LOS ANGELES

NEW YORK

PHILADELPHIA

JACKSONVILLE

MEMPHIS

OKLAHOMA CITY

PHOENIX

BIRMINGHAM

CINCINNATI

INDIANAPOLIS

•LOUISVILLE

MIAMI

ST. LOUIS

SAN DIEGO

SAN FRANCISCO

SAVANNAH

SEATTLE

FROM DIRECTOR (52-116395)

2150

PERSONAL ALTENTION'

SANSTUDY, 75

REBUTELS MAY 2, 1975, AND SEPTEMBER 4, 1975.

SENATE, SELECT COMMITTEE (SSC) HAS REQUESTED WHEREABUGIS

ÖF A'NUMBER OF FORMER FBI EMPLOYEES INDICATING THEY MAY BE

INTERVIEHED BY THE SSO STAFFO. LISTED BELOW, SY FIELD OFFICE

TERRITORY, ARE

THESE FORMER EMPLOYEES AND THEIR LAST KNOWN

ADDRESSES AS CONTAINED IN BUREAU FILES.

754-0784

Ten bane

sled

har

66-2150

SEARCHED-L

INDEXED.

SERIALIZED.

_ FILED STe

SEP5

1975

FBI → MEMPH

NW 55240 DocId: 32989817. Page 249

---

## Page 250

PAGE TIO

INFORMATION FROM SSO INDICATES NAMES OF FORMER SA'S

LITRENTO AND STEVART DEVELOPED AS HAVING BEEN RESPONSIBLE FOR

SUPERVISING COMMUNICATIONS BETWEEN THE FBI AND CIA CONCERNING

NAIL OPENING ACTIVITIES. ALL OTHERS IN LIST BELOW WERE EITHER

SAC, ASAC, OR BOTH, DURING PERIOD 1959 - 1966 IN ONE OR MORE

OF THE FOLLOWING OFFICES:

BOSTON, DETROIT, LOS ANGELES, MIAMI,

NEW YORK, SAN FRANCISCO, SEAITLE, AND WASHINGTON FIELD.. THEY

PRESUMABLY ARE ALSO KNOWLEDGEABLE CONCERNING. MAIL OPENINGS.:

EACH OF THESE FORMER EMPLOYEES IS TO BE IMMEDIATELY.

CONTACTED AND ALERTED THAT HE MIGHI BE APPROACHED SY INE SSC

STAFF FOR INTERVIEW. THE FORMER EMPLOYEE MAY, AFTER BEING

CONTACTED BY SSO STAFF, CONTAGI BUREAU'S LEGAL COUNSEL DIVISION

BY COLLECT CALL FOR FULL INFORMATION IO ASSIST HIM INCLUDING

OBLIGATIONS AS IO CONFIDENTIALITY OF INFORMAIION ACQUIRED AS

FBI EMPLOYEE. IT IS EMPHASIZED THAI BUREAU'S OFFER OF

ASSISTANCE IS NOT INTENDED IO IMPEDE SSC WORK, BUI IS DONE

AS COOPERATIVE GESTURE AND

TO SAFEGUARD SENSITIVE BUREAU

INFORMATION.

NW 55240 DocId: 32989817

Page

250

---

## Page 251

PAGE THREE.

CONTACTS WITH THESE FORMER EMPLOYEES TO BE HANDLED

PERSONALLY BY SAC OR ASACO. IN EVENT THIS IS NOT FEASIBLE

FOR JUSI CAUSE, TO BE HANDLED EY A SENIOR SUPERVISOR.

INMEDIATELY AFTER CONTACT, RESULIS SHOULD BE FURNISHED

SUREAU BY NITEL IN ABOVE CAPTION, BRIEFLY INCLUDING REACTION

OF FORMER EMPLOYEES CONTACTED. IF A FORMER EMPLOYEE NO

LONGER IN. YOUR TERRITORY OR TEMPORARILY AWAY, SEI OUT LEAD TO

OTHER OFFICE IMMEDIATELY WITH COPY, TO FBIHQ.

ALEXANDRIA:

N' DONALD' STEWARI, CRYSTAL HOUSE I, APARIMENI 202, ARLINGION,

VIRGINIA..

JAMES HO GALE, 3307 ROCKY MOUNI ROAD, FAIRFAX, VIRGINIA

• THOMAS E BISHOP, S820' STARK ROAD, ANNANDALE, VIRGINIA

BALTIMORE:

ANTHONY PO. LITRENTO, 2818 STONYBROOK DRIVE, BOWIE, MARYLAND

PAUL O'CONNELLA JRO, 2417 STRAITON DRIVE, POTOMAC, MARYLAND

DONALD E. RONEY, 131 CAMBRIDGE DRIVE, WINDSOR HILLS,

WILMINGTON, DELAWARE

VICTOR TURYN, 2545 TURF VALLEY ROAD, • ELLICOTI CITY,

MARYLAND

DONALD NO MORLEY, BOX 222, NEW MARKET, MARYLAND

NW 55240 DocId: 32989817 Page 251

---

## Page 252

PAGE FOUR

BIRMINGHAM:

BOSTON:

CHICAGO:

JOHN DAVID POPE, JRO, 221 REMINGTON ROAD, BIRMINGHAM, ALABAMA

LEO LO LAUGHLIN, 9 EVERETI AVENUE, WINCHESTER, MASSACHUSETIS

EDWARD. JO POWERS, L& COLONIAL DRIVE, BEDFORD; NEW HAMPSHIRE

JoF.. DESMOND, 185 FRANKLIN STREET, BOSTON, MASSACHUSETIS

MARI, CHICAGO, ILLINOIS

MARLIN W. JOHNSON, CANTEEN CORPORATION, THE MERCHANDISE

HARVEY GO FOSTER, 101Z SOUTH HAMLIN, PARK, RIDGE, ILLINOIS

CINCINNAFI:

PAUL' FIELDS, 2677 CYCLORAMA DRIVE, CINCINNATI, OHIO

HARRY jo.

MORGAN, 5314 ELMORESI LANE, CINCINNATI, OHIO

DALLAS:

PAUL HO STODDARD, 3014 CHATTERION DRIVE, SAN ANGELO, TEXAS.

KENNETH E. COMMONS, 2458 DOUGLAS DRIVE, SAN

ANGELO, TEXAS

EL PASO:

KARL WO DISSLY, POSI OFFICE BOX 9752, EL PASO, TEXAS

INDIANAPOLIS:

DILLARD W. HOWELL, 6413. CARDINAL LANE, INDIANAPOLIS,

INDIANA

. ALLAN GILLIES , 8228 HOOVER LANE, INDIANAPOLIS, INDIANA

JACKSON:

WILLIAMS W. BURKE, JRO, 1847 AZTEC DRIVE, JACKSON,

MISSISSIPPI

NW 55240 DocId: Page Page 252

---

## Page 253

PAGE FIVE•

JACKSONVILLE:

DONALD K. BROWN, 826 BROOKMONI AVENUE, EAST JACKSONVILLE,

FLOPIDA

WILLIAM MO ALEXANDER, 4857 WATER OAK'LANE, JACKSONVILLE,

FLORIDA

LOUISVILLE:

BERNARD C. BROWN, 2301 NEWMARKET DRIVE, M.E., LOUISVILLE,

KENTUCKY

LOS ANGELES:

VILLIAMG. SIMON, 2075 LOMBARDY ROAD, SAN MARINO,

CALIFORNIA

:, WESLEY GO GRAPP, 4240. BON.

. HOMME ROAD, WOODLAND HILLS,

CALIFORNIA

ARNOLD C. LARSON, 4232 ABBINGTON COURT, WESILAKE VILLAGE,

CALIFORNIA

JOSEPH.K. PONDER, 3719: CARRIAGE HOUSE COURT, ALEXANDRIA,

VIRGINIA. 'BUSINESS ADDRESS: 303D SOUTH RED HILL AVENUE,

SANTA

AÑA, CALIFORNIA

MEMPHIS:

8IT6 HARLEY

382-2219

8. HUG GLUTESPOND, ISSE DUATH FAZUOY, NEXTIS, TENNESSES

MIAMI:

THOMAS MC ANDREWS, 324 NEAPOLITAN WAY, NAPLES,. FLORIDA

FREDERICK F. FOX, 11450 ! BISCAYNE CANAL ROAD, MIAMI,

FLORIDA

NW 55240 DocId: 32989817 Page 253

---

## Page 254

PAGE SIX

NEW YORK:

JOSEPH L. SCHMIT, 656 HUNI LANE, MANHASSEI, NEW YOFK

HENRY A. FITZGIBBON, 76. EASTON ROAD, - BRONXVILLE,

NEW YORK

OKLAHOMA CITY:

JAMES I. MORELAND, 108 FERN DRIVE, POTEAU, OKLAHOMA

LEE DO TEAGUE, 2501 NOW. 12ISI STREET, OKLAKOMA CITY,

OKLAHOMA

OMAHA:

JOHN F. CALLAGHAN, IOWA LAW ENFORCEMENT ACADEMY,

CAMP DODGE, POST OFFICE BOX 130, JOHNSTONO IOWA

PHILADELPHIA:

RICHARD- JO BAKER, 219 JEFFREY LANE, NEWTON SQUARE,

PENNSYLVANIA

JOHN F: MALONE, 25. GARFIELD AVENUE, CARBONDALE, PENNSYLVANIA

PHOENIX:

PALMER MO BAKEN, JRo, 3332 EASI YUCCA STREEI, PHOENIX,

ARIZONA

SI. LOUIS:

THOMAS dO GEARTY, 6530 CLAYION ROAD NR. 105, RICHMOND HEIGHIS,

MISSOURI

WESLEY I. WHALEY, 286 GREEN TRAILS DRIVE, CHESTERFIELD,.

MISSOURI

•NW 55240 DocId: 32989817 Page 254

---

## Page 255

PAGE SEVEN

•SAN DIEGO:

SAN FRANCISCO:

CALIFORNIA

CALIFORNIA

FRAIVK LO PRICE, 2705 TOKALON STREET, SAi DIEGO, CALIFORNIA

•CURIIS O. LYNUM, 644. EAST HILLSDALE BOULEVARD, SAN MATEO,

HAROLD E. WELBORN, 13067 LA VISTA COURT, SARATOGA,

SAVANNAH:

TROY COLEMAN,

36 CROMWELL ROAD, WILMINGION PARK, SAVANNAH,

GEORGIA.

JOSEPH DO PURVIS, 721: DANCY AVENUE, SAVANNAH, GEORGIA

SEATTLE:

LELAND V. BOARDMAN, ROUTE 3, BOX 268, SEQUIM, WASHINGION

RICHARD DO AUERBACH, P.O• BOX 1768, SEATTLE, WASHINGION

JAMES EO MILNES, 4317 - S0TH AVENUE, N.E., SEATTLE, -

WASHINGTON

WASHINGTON

END

PAUL. R. BIBLER, 15134 - 38TH AVENUE, N.É., SEATTLE,

NW 55240 DocId: 32989817 Page 255

---

## Page 256

NR033 MA CODE

7:24 PM 9/4/75 NITEL AJN

TO ALL SACS

FROM DIRECTOR

+ 862-116395)

PERSONAL ATIENTION

2150

SENSTUDY 75

REBUTEL. MAY 2, 1975:

PURPOSES OF INSTANI TELETYPE ARE TO (1). REITERATE THAT

• FBI HA'S PLEDGED FULL COOPERATION WITH THE SENATE SELECT

COMMITTEE (SSC) AND WISHES TO ASSIST AND FACILITATE ANY

INVESTIGATIONS UNDERTAKEN BY THE SSC WITH RESPECT TO THE FBI:

AND (2) SET FORTH NEW PROCEDURE RELATING TO SSC STAFF

• INTERVIEUS OF CURRENT AND FORMER. FBI EMPLOYEES.

FOR INFORMATION OF THOSE OFFICES WHICH HAVE NOT PREVIOUSLY

• HAD CURRENT, OR FORMER EMPLOYEES IN IIS TERRITOY: INTERVIEWED

BY THE SSC, THE BUREAU FREQUENILY LEARNS FRÖM THE SSC OR'

OTHERWISE THAT FORMER EMPLOYEES ARE BEING CONSIDERED FOR

, INTERVIE! BY THE SSC STAFF. INSTRUCTIONS ARE ISSUED FOR THE

FIELD OFFICE TO CONTACT THE FORMER EMPLOYEE TO ALERT HIM AS TO

POSSIBLE INTERVIEW, REMIND HIM OF MIS CONFIDENTIALITY AGREEMENI

WITH THE BUREAU AND SUGGESI THAI IF HE IS CONTACTED FOR

SACY

66-2150

SEARCHED.

SERIALIZED.

INDEXED

_ FILED CAN

SEP4

_ 1975

FBI - MEMPHIS

NW 55240 DocId: 32989817 Page 256

Hale

Brief To into a start eno to all enla.

---

## Page 257

PAGE TWO

INTERVIE!!, HE MAY CONTACI; THE LEGAL COUNSEL DIVISION BY

COLLECI CALL FOR FURTHER INFORMATION. IN THE USUAL CASE,

AS CIRCUMSTANCES UNFOLD,. THE FORMER EMPLOYEE IS TOLD(L

THAI NE HAS A RIGHT TO LEGAL COUNSEL, BUT THAT THE BUREAU

CANNOT PROVIDE SAME; (2) THAT THE BUREAU HAS WAIVED THE

CONFIDENTIALITY AGREEMENT FOR THE INTERVIEW WITHIN SPECIFIED

PARAMETERS; AND (3) THAI THERE ARE FOUR PRIVILEGED AREAS IN

WHICH HE IS NOT REQUIRED TO ANSWER QUESTION. THESE AREAS

• ARE RELATING TO INFORMATION WHICH MAY CAS IDENTIFY BUREAU

SOURCES; (B.) REVEAL SENSITIVE METHODS/ TECHNIQUES; (C). REVEAL

IDENTITIES OF THIRD AGENCIES, INCLUDING FOREIGN INTELLIGENCE +

AGENCIES, OR INFORMATION. FROM SUCH AGENCIES; AND (D) ADVERSELY

AFFECT ONGOING BUREAU INVESTIGATIONS.

HERETOFORE, BUREAU HAS OFFERED INTERVIEWEES CONSULTATION

PRIVILEGES WHEREBY A BUREAU SUPERVISOR WOULD BE AVAILABLE .

NEARBY, ALTHOUGH NOI ACTUALLY AI INTERVIEW, SO INTERVIEWEE

MIGHT CONSULI WITH HIM SHOULD QUESTIONS ARISE AS TO PARAMETERS

OF INTERVIEW OR PRIVILEGED AREAS.

THE CONSULTANT DID NOT ACT

•AS A LEGAL ADVISOR.

EFFEGTIVE IMMEDIATELY, BUREAU, WILL NO LONGER PROVIDE

NW 55240 DocId: 32989817 , Page 257

---

## Page 258

RAGE

THREE

ON-THE-SCENE PERSONNEL FOR CONSULIATION PURPOSES TO ASSIST

EITHER CURRENT OF FORMER EMPLOYEES. PROSPECTIVE INTERVIEWEES

SHOULD BE TOLD THAT, IF THEY DESIRE ASSISTANCE OF THIS NATURE

DURING AN INTERVIEV, THEY MAY CONTACI EITHER PERSONALLY CIF

INTERVIEW IS IN WASHINGTON, D. CO. OR BY COLLECI CALL, IHE

ASSISTANI DIRECTOR OF THE INTELLIGENCE DIVISION, MR. W. Ro

MANNALL, OR, IN HIS ABSENCE, SECTION CHIEF I. O. CREGAR.

THIS CHANGE IN

1, PROCEDURE SHOULD NOT BE CONSTRUED AS

LESSENING THE ASSISTANCE WE ARE FURNISHING TO CURRENT AND

FORMER: EMPLOYEES.

FOR YOUR ADDITIONAL INFORMATION, I AM WORKING WITH THE

DEPARTMENT IN EXPLORING AVENUES TO ARRANGE LEGAL REPRESENIATION,

WHEN NECESSARY, FOR CURRENT AND FORMER EMPLOYEES WITHOUT

EXPENSE

TO THEM. YOU WILL BE KEPT ADVISED OF DEVELOPMENIS

IN. THIS REGARD.

END

PLS HOLD

NW 55240 DocId: 32989817 Page 258

---

## Page 259

SACS CONFERENCE

Senate Select Committee (SSC) Staff Interviews - Privileged Areas

In connection with the staff interviews there has been

general agreement between the SSC, the Department and the Bureau

that there are four main privileged areas and that current and

ex-FBI employees need not answer questions which fall into these

areas which are as follows:

(I) Information which indentifies or may identify FBI

sources.

(2) Information which may adversely affect ongoing

FBI investigations.

(3) Information concerning sensitive methods and

techniques.

(4) Information obtained from third agencies, in-

cluding foreign intelligence agencies.

sel

SEARCHED.

IBERIALIZED_

66-2150

NDEXCU.

FILED CAK

1575

FBI - MEMPHIS

NA 55240 DooId: 32989817

Page 259

---

## Page 260

TO

:

FROM

:

SUBJECT:

OPTIONAL FORM NO. 10

MAY 1952 EDITION

GSA FPLAR (11 CFR) 101-11.0

UNITED STATES GOVERNMENT

Memorandum

ALL AGENTS

Ter, awas (80-280)

SENSTUDY - 75

DATE: 5/21/75

Re Bureau nitel to all offices 5/20/75.

The referenced nitel advises that the Senate and

House Select Committees or its representatives may contact

the office for information.

In one recent instance, a representative of the

Senate Select Committee telephonically inquired as to the

identity of the SAC in a particular office during 1970.

In handling such inquiries, insure establishing

the bona fides or the representative

by a show of credentials

on personal contact or if telephonically contacted by

returning the telephone call back to the committee. Unless

the information is of a public nature, as in the instance cited

above, obtain FBI clearance prior to supplying any information.

FBIHQ must be expeditiously advised of all information furnished.

Staff members may seek to interview current and former

FBI employees. We have pledged full cooperation with the

committee; however, we do have an obligation to insure that

sensitive sources and incidents and ongoing sensitive investi-

gations are fully protected.

Should any former employee contact

the office and have any question regarding his obligation not to

divulge inforiation obtained by vitue of his past employment,

he should be instructed to contact Legal Counsel, FBIHQ, by

collect call.

- Each Agent

1) - 66-2150

1 - 66-31 (Office Memo File)

PJD: tjm

66-2150

5700052175

NW 55840

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## Page 261

1RE36 WA CUDE

4:33PM NITEL 5-26-75 PAU

TO ALL SACS

FROM DIRECTOR

(62-115395)

PERSONAL ATTENTION

SEvSTUDY - 75.

REBUTEL MAY 2, 1975.

IN CONVECTION WITH WORK OF THE SENATE AND HOUSE SELECT

COMMITTEES, ITS REPRESENTATIVES MAY CONTACI YOUR OFFICE FOR

I POP ATION.

Ii ONE RECENT INSTANCE, A REPRESENTATIVE OF THE SENATE

SELECT COMMITTEE TELEPHONICALLY INQUIRED AS TO IDENTITY OF SAC

IN A PAZTICULAR OFFICE DURING 1976.

IN HANDLING SUCH INQUIRIES INSURE ESTABLISHING BONA FIDES

OF REPRECENIATIVE BY SHOW OF CREDENTIALS ON PERSONAL CONTACI Oi

IN TELEPHONIC CONTACI, EY TELEPHONING BACK TO COMMITTEE.

UNLESS INVFORMATION IS OF A PUELIC NATURE, AS IN THE INSTANCE

CITED ABOVE, OBTAIN FBIHQ CLEAÑANCE PRIOR TO SUPPLYING AiY

INFORMATION. FBIHQ NUST BE EXPEDITIOUSLY ADVISED OF ALL

INFORYATION FURNISHED.

END

FLS RETURN TO TALK

ASAC -

Hester

Stillurne

Gise

Brady-

- @

MW 55240 DocId: 32989817

Page soliese Clerts)

66-2150

CAUSED

- 11E0.

Sac i1b

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## Page 262

NRO74 WA CODE

948PM NITEL 5-2-75 MSE

TO ALL SACS

FROM DIRECIOR (62-116395)

PERSONAL ATTENTION

SENSTUDY 75

CAPTIONED MATTER PERTAINS TO BUREAU'S HANDLING OF REQUESIS

FROM SENATE AND HOUSE SELECT COMMITTEES TO STUDY GOVERNMENTAL

OPERATIONS WITH RESPECI TO INTELLIGENCE ACTIVITIES. IN CONNEC-

TION WITH WORK OF THESE COMMITTEES, SIAFF MEMBERS MAY SEEK

TO INTERVIEW CURRENT AND FORMER FBI EMPLOYEES.

RECENTLY, THE SENATE SELECT COMMITTEE (SSC) STAFF HAS

INTERVIEWED SEVERAL FORMER EMPLOYEES, AND IT IS ANTICIPATED

THAT MANY MORE SUCH PERSONNEL WILL BE CONTACTED.

THE FBI HAS PLEDGED FULL COOPERATION WITH THE COMMITTEE

AND WE WISH TO ASSIST AND FACILITATE ANY INVESIIGAIIONS UNDER-

TAKEN BY THE COMMITTEE WITH RESPECT TO THE FBI. HOWEVER, WE

DO HAVE AN OBLIGATION TO INSURE THAT SENSITIVE SOURCES AND

METHODS AND ONGOING SENSITIVE INVESTIGATIONS ARE FULLY

serapes

NW 55240

AJAC

HESTER CL

5-21-75

Brady

DocId: 32989817

Page 262

66-2150

SEARCHES O

_FILED.

MAY? 1975

FBI - MEMPHIS

JAC

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## Page 263

PAGE TWO

PROTECTED. SHOULD ANY FORMER EMPLOYEE CONTACT YOUR OFFICE AND

HAVE ANY QUESTION REGARDING HIS OBLIGATION NOT TO DIVULGE INFOR-

MATION OBTAINED BY VIRTUE OF HIS PAST FBI EMPLOYMENT, HE SHOULD

BE INSTRUCTED TO CONTACT LEGAL COUNSEL, FBIHQ, BY COLLECT CALL.

YOUR CONVERSATIONS WITH FORMER EMPLOYEES MUST BE IN KEEPING WITH

OUR PLEDGE. IT IS BELIEVED SUCH A PROCEDURE WOULD INSURE PROPER

PROTECTION AND ALSO FACILITATE THE WORK OF THE SSC.

THE ABOVE PROCEDURE ALSO APPLIES TO CURRENT EMPLOYEES

OF YOUR OFFICE. HOWEVER, CONTACI WITH THE LEGAL COUNSEL SHOULD

BE HANDLED THROUGH THE SAC.

END

JLC FOR TWO

FBIME CLR

TU

NW 55240 DocId: 32989817

Page

263

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## Page 264

FD-36 (Rev. 5-22-64)

FBI

Date: 3/25/75

005

Transmit the following in

PLAINTEXT

(Type in plaintext or code)

Via

TELETYPE

NITEL

(Priority)

TO: DIRECTOR

ATTN: BUDGET AND ACCOUNTING SECTION

FROM: MEMPHIS

SENATE SELECT COMMITTEE ON INTELLIGENCE ACTIVITIES

REBUTEL MARCH 24, 1975.

MEMPHIS OFFICE USES APPROXIMATELY 25 PERCENT OF ONE

SUPERVISOR'S TIME IN THE SECURITY FIELD, 20 PERCENT ON INTERNAL

SECURITY AND 5 PERCENT ON COUNTERINTELLIGENCE.

IN ADDITION, SIX AGENTS ARE UTILIZED, THE FOLLOWING TABLE

SHOWING PERCENTAGE OF TOTAL TIME SPENT BY THESE AGENTS IN THIS

FIELD:

TIME ON

SECURITY

AGENT

CASES

100

75

50

D

50

E

25

TIME ON

INTERNAL

SECURITY

100

50

50

25

25

TIME ON

COUNTER-

INTELLIGENCE

25

25

?.D.

par.

66-2158

F

25

25

IN ADDITION TO THE ONE-FOURTH SUPERVISOR TIME, THIS OFFICE

USES THE EQUIVALENT OF THREE AND ONE-FOURTH AGENTS IN THE SECURITY

OFB: jap

Approved:

- Sent

_ M

Per

Special Agent in Charge

NW 55240 DocId: 32989817 Page 264

GPO: 1970 O - 402-7

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## Page 265

FD-36 (Rev. 5-22-64)

Transmit the following in

Via

FBI

Date:

(Type in plaintext or code)

(Priority)

ME

PAGE TWO

FIELD; TWO AND ONE-HALF AGENTS ON INTERNAL SECURITY AND THE

EQUIVALENT OF THREE-FOURTHS OF ONE AGENT ON COUNTERINTELLIGENCE.

END.

Approved:

Special Agent in Charge

NW 55240 DocId: 32989817 Page 265

Sent

M

Per

GPO: 1970 0 - 402-735

---

## Page 266

: 50 c

.:"

7:25114

"ITEL 3-24-75 DEE

10 ALL SACC

DESALS SELECT COMMITTES ON INTELLIGENCE ACIVITIE

SLOATOR FRANK CHURCH, CHAIRMANOF THE SENATE SELECT

COMMITTEE TO STUDY GOVERNMENTAL: UPZRATIONS WIIN RESPECT: TO

, INTELLIGZNCE ACTIVITIES HAS MADE AN INITIAL REQUEST FOR INFOFIIION

FRON THE FBI. AMONG THE ITEMS REQUESTED IS A BREAKDOUN OF

FIGLO AGENT. PERSONNEL: ASSIGNED TO INTERNAL SECURITY AND

• COUNTERTITELLIGENCE MATTERS;

ICCORDIJOLY, WITHIN FOUR EIGHT HOURS EACH SAC SHOULD SUTEL

IC FEINQ, ATIENIION: BUDGET AND ACCOUNTING: SECTION, SETTING FONTH

SSPARATELY THE NUMBER OF SACS, ASAOS, SUPERVISORS AND AGENTS ASSIGNO

TO INTERNAL SECURITY AND COUNTERINTELLIGENCE MATTERS. PERCENIAGZE

OF AN AGENTS TIME, WHEN NOT ASSIGNED FULL-TIME TO THESE ACTIVILIS

SHOULD DE USED I APPROPRIATE, PARTICULARLY IN THE SUPERVISORY

CATEGORIES; THIS INFORMATIGN SHOULE BE BROKEN DOWN SEPARATOLY

OSTURE: INTERNAL SECURITY AND COUNTERINIELLIGENCE.

YOUr RESPoNSE sNOc

SE LIMITED TO AGENT PERSONNEL ONLY:

ANlD

ACK. FOR THO TELS.

CLAB?

GAC FRI HELPHIST

66-3150

SEARCHE

SERIALIZED

..FILED

MAR 9 A 1975

FEL- MEMPHIS

NW 55240

DocId: 32989817 Page 266

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