Document date: 00/00/0000
Document type: PAPER-TEXTUAL DOCUMENT

## Page 1

File #:

62-877-2665

Serial Scope:

1b1 thre 2, 3, 3A, Y Hu SA 8 thm 5A, 17 Hm 40,

42 thm 49, 50 tam 6T, 69 thm 79, 81 ,82

Reieaaed anden Dre Joar E. Xeraedo Peaazabrabior Reocade Sciredoies 208 e5 2992

B8 2057 B009105aagE:07 54365 Babe :

- 6-23=

INW

LCTE-

-10040

1age

---

## Page 2

WR046 WA CODE

7:20PM NITEL 3-24-75 DEB

•TO ALL SACS

0* DIRECTOR

SENA

SELECT COMMITTEE ON

INT

LIGENCE ACTIVITIES

SENAT

IT FRANK CHURCH,

CHAIRM

OF THE SENATE SELECT

COMMITTEE TO STUDY GOVERNMENTAL OPERAGIONS WITH RESPECI TO

INTELLIGENCE ACTIVITIES HAS MADE AN INITIAL REQUEST FOR INFORMATION

FROM. THE FBI. AMONG THE ITEMS REQUESTED IS A BREAKDOWN OF

FIELD AGENI PERSONNEL ASSIGNED TO INTERNAL SECURITY AND

COUNTERINTELLIGENCE MATTERS.

ACCORDINGLY, WITHIN FOUR EIGHT HOURS EACH SAC SHOULD SUTEL

TO FBIHQ, ATTENTION: BUDGET AND ACCOUNTING SECTION, SETTING FORTH

SEPARATELY: THE NUMBER OF SACS, ASACS,

SUPERVISORS AND AGENTS. ASSIGNED

TO INTERNAL SECURITY AND COUNTERINTELLIGENCE MATTERS. PERCENTAGES

OF AN AGENIS TIME, WHEN NOT ASSIGNED FULL-TIME 10. THESE ACTIVITIES,

SHOULD BE USED IF APPROPRIATE, PARTICULARLY IN THE SUPERVISORY

CATEGORIES. THIS INFORMATION SHOULD 'BE BROKEN DOWN SEPARATELY

BETWEEN INTERNAL, SECURITY AND COUNTERINTELLIGENCE.

YOUR RESPONSE SHOULD

BE LIMITED TO AGENT PERSONNEL ONLY.

# t: c366-501

END

ESC FBI BU CLR AND IKS

MAR 2 4 1975

NW 54965

DocId: 32989503

Page 2

---

## Page 3

sulky Exhibit - Ireventory of Prope:

D-192 (Rev. 10-6-65

Acquired as Evidence

Date -

2/31/75

Title and Character of Gase

SENSTUDY

• .

Daie Property Acquired

Source From Which Property Acquired

12/31/75

Bureau

Location of Property or Bulky Exhibit

Bulky Exhibit Room

Description of Property or Exhibit and Identizy af Agent Submitting Same

¡ Reason for Retention of Property and Efforts Made to Dispose of Same

One copy of transcript of questions which were asked Director

KELLEY during his

appearance before the Senate Select Committee

on Intelligence Activities, 12/10/75.

destroyed

223/81 87/2

Submitted by SAC RICHARD D. ROGGE/dbl

SEMIANNUAL INVENTORY CERTIFICATION TO JUSTIFY RETENTION OF PROPERTY (Initial and Date)

Field Files

62-2665 1BI

SEARCH............INDEXED..,

DEC3 1 1975

NW 54965 DocId: 32989503 Page 3

---

## Page 4

NR074 WA CODE

10: 12PM NITEL 5-2-75 MSE

TO ALL SACS

FROM DIRECTOR (62- 116395)

PERSONAL ATTENTION

SENSTUDY 75

CAPTIONED MATTEK PERIAINS IO BUREAU'S HANDLING OF REQUESIS

FROM SENATE AND HOUSE SELECT COMMITTEES TO STUDY GOVERNMENTAL

OPERATIONS WITH RESPECT TO INTELLIGENCE ACTIVITIES. IN CONNEC

TION WITH WORK OF THESE COMNITTEES, STAFF MEMBERS MAY SEEK

TO INTERVIEW CURRENT AND FORMER FBI EMPLOYEES.

RECENTLY, THE SENATE SELECI 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 INVESTIGATIONS UNDER-

TAKEN BY THE COMMITTEE WITH RESPECI TO THE FBI. HOWEVER, WE

DO HAVE AN OBLIGATION TO INSURE THAT SENSITIVE SOURCES AND

METHODS AND ONGOING SENSITIVE INVESTIGATIONS ARE FULLY

passaul

adrised.!

1. SAC

2. ASAC

J. sec. supva

4. Desk 4: W

5. Desk 5_

6. Desk 6_189 19

FLONGE

8. LARGE Done ah

NW 54965 DocId: 32989503 Page 4

Sped 62-2665-16

CC SANE

---

## Page 5

PAGE TWO

PROTECTED. SHOULD ANY FORMER EMPLOYEE CONTACT YOUR OFFICE AND

HAVE ANY QUESTION REGARDING HIS OBLIGATION NOT TO DIVULGE INFOR-

MATION OBIAINED BY VIRTUE OF HIS PAST FBI EMPLOYMENT, HE SHOULD

BE INSTRUCIED TO CONTACI 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, CONTACT WITH THE LEGAL COUNSEL SHOULD

BE HANDLED THROUGH THE SAC•

END

DMB FBI BUFFALO

ACK FOR TWO AND CLR

WW 54965 DocId: 32989503 Page 5

---

## Page 6

FD-36 (Rev. 5-22-64)

Transmit the following in

Via

TELETYPE

FBI.

Date:

CODED

(Type in plaintext or code)

URGENT

(Priority)

3/26/75

TO:

DIRECIOR, FBI

FROM:

SAC, BUFFALO

ATTN:

BUDCET AND SCULT SECTION

SENATE SELECT COMMITTEE ON INTELLIGENCE

ACTIVITIES

REBUTEL DATED MARCH 24, 1975.

BUFFALO DIVISION HAS IWO SUPERVISORS AND 28 SPECIAL

AGENTS ASSIGNED TO INTERNAL SECURITY AND COUNTER INTELLIGENCE

MATTERS BUT NOT NECESSARILY ON A FULL TIME BASIS.

FOLLOWING IS A BREAKDOWN OF FIELD AGENT PERSONNEL

ASSIGNED TO THESE AREAS ON FULL, TIME BASIS:

INTERNAL

SECURITY

SAC

ASAC

SUPERVISORS

SPECIAL AGENTS

FBJ; Lmw

(1)

limu

0

6

14

Approved:

Special Agent in Charge

NW 54965 DocId: 32989503

Page 6

Sent

COUNTER INTELLIGENCE

•

0

C7-165-AB

0

662453

P820888

Alestin, file 3/26/85

_M

Per

GPO: 1970 0 - 402-735

---

## Page 7

FD-36 (Rev, 5-22-64)

san...

Transmit the following in

Via

FBI

Date:

(Type in plaintext or code)

(Priority)

BU

PAGE TWO

IN ADDITION TO ABOVE, COMPUTATION OF ESTIMATED PERCENTAGE

OF TIME SPENT BY OTHER AGENT PERSONNEL ASSIGNED THESE MATTERS

WOULD REPRESENT EQUIVALENT OF FOLLOWING NUMBER OF FULL TIME

PERSONNEL:

INTERNAL

SECURITY

1

COUNTERINTELLIGENCE

SUPERVISORS

SPECIAL AGENTS

GRAND TOTALS:

SUPERVISORS

SPECIAL. AGENTS

5

1

13½

5

Approved:

Special Agent in Charge

NW 54965 DocId: 32989503 Page 7

Sent

M

Per

GPO: 1970 0 - 402-735

---

## Page 8

1

TO

:

FROM :

SUBJECT:

AY ONAL FORM NO.

LY "

GSA FPMR (41 CFR) 101-11.8

UNITED STATES GOVERNMENT

Memorandum

SAC (66-

)

DATE: 3/26/75

SUPV. FRANCIS B. JENKINS

SENATE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIES

ReBUtel to Director, 3/26/75.

Information in retel was arrived at on the following

basis:

on there area also devote a portion of the rente eo both

Set forth below is the percentage of time spent on

Internal Security and Counterintelligence by Agents of the #3

and #4 Squads, as well as Resident Agents:

INTERNAL SECURITY - AGENTS

Name

AHART

BAGDY

KASH

LASH

MC GUIGAN

THILL

KING

COMFORT

ANGLE

BUCHER

RISDON

PUCKETT

Bercent

Total

100%

100%

100%

100%

100%

100%

=

6 SAs

75%

5%

2%

2%

2%

5%

FBJ: afe

(1)

= 1A

I SA (minus 9%)

16 ZE

(SEARCHED...

- INDEXED.

CERIALIZED.

_FILED_

FBI--BUFFALO

DESK 3

Buy U.S. Savings Bonds A

gularly

on the Payroll Savings Plan

3010-108-02

NW 54965 DocId: 32989503 Page 8

---

## Page 9

BU 66-

Name

CAIN

CORCORAN

THOMAS

PEARSON

SHAW

WAGNER

CRAWFORD

JENSON

SItULA

SUNDERLAND

---. ---

HORAN

SHAW

WAGNER

SMITH

SMALLDON

THOMAS

ANGLE

RUDY

RISDON

PUCKETT

CAIN

CORCORAN

PEARSON

SUNDERLAND

INTERNAL SECURITY - AGENTS (Cont.)

Percent

Total

50%

50%

=

1 SA

50%

50%

=

1 SA

70%

50%

95%

95%

90%

=

50%

TOTAL

I SA (plus 20%)

1 SA (minus 5%)

1 SA (minus 5%)

1 SA (minus 10%)

2 SA

13% SAs

COUNTERINTELLIGENCE - AGENTS

20%

30%

50%

95%

1 SA

1 SA (minus 5%)

85%

5%

2%

5%

2%

2%

1 SA (plus 1%)

50%

50%

=

1 SA

50%

50%

=

TOTAL

1 SA

5 SAS

-2-

NW 54965

DocId: 32989503 Page 9

---

## Page 10

ar'!

BJ 66-

Name

JENKINS

UTZ

JENKINS

UTZ

INTERNAL SECURITY - SUPERVISORS

Percent

Total

80%

20%

=

1 Supervisor

COUNTER INTELLIGENCE - SUPERVISORS

15%

20%

=

¿ Supervisor (minus 15%)

Based on the above computations, the Bureau was

advised in retel that there are - Supervisor and 133 SAs assigne

Eull-time to Internal Security, and ! Supervisor and 5 SAs

assigned to Counterintelligence.

The format utilized in preparation of retel was based

on information received in a telephone conversation by ASAC

JOHN F. SHANLEY with Section Chief L. CLYDE GROVER, Budget and

Accounting Section, Administrative Division, FBIHQ, on 3/25/75.

The above is for information.

NW 54965

DocId: 32989503

Page 10

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## Page 11

NRO3S WA CODE

4: 10PM NITEL 5-20-75 PAW

TO ALL SACS

FROM DIRECTOR (62-116395)

PERSONAL ATTENTION

SENSTUDY - 75.

REBUTEL MAY Z9 1975.

IN CONNECTION WITH WORK OF THE SENATE AND HOUSE SELECT

COMMITTEES, IIS REPRESENTATIVES MAY CONTACT YOUR OFFICE FOR

INFORMATION.

IN ONE RECENT INSTANCE, A REPRESENTATIVE OF THE SENATE

SELECT COMMITTEE TELEPHONICALLY INQUIRED AS TO IDENTITY OF SAC

IN A PARTICULAR OFFICE DURING 1970.

IN HANDLING SUCH INQUIRIES INSURE ESTABLISHING BONA FIDES

OF REPRESENTATIVE BY SHOW OF CREDENTIALS ON PERSONAL CONTACT OR,

IF TELEPHONIG CONTACI, BY TELEPHONING BACK TO COMMITTEE:

UNLESS INFORMATION IS OF A PUBLIC NATURE, AS IN THE INSTANCE

CITED ABOVE, OBTAIN FBIHQ CLEARANCE PRIOR TO SUPPLYING ANY

INFORMATION:

• FBIHQ MUST BE EXPEDITIOUSLY ADVISED OF ALL

INFORMATION FURNISHED.

62-214S -20

END

1. SAC

SEARCHES

INDEXES

2. ASAC.

SERIALIZED

- FILED

3. Sec. Sui

1: 11x1

4. Desk 4 N

3. Dest 5.

6. Desk 6-

MAY 2 0 1975

FSI - BUFFALO

SACCLAST

NW: 54965 DocId: 32989503

Page 11

---

## Page 12

NRB33 WA CODE

5:09PM 9/4/75 NITEL AJN

TO ALL SACS

FROM DIRECTOR (62-116395)

PERSONAL ATTENTION

SENSTUDY 75

REBUTEL MAY 2, 1975.

PURPOSES OF INSTANT TELETYPE ARE TO (1) REITERATE THAT

FBI HAS PLEDGED FULL COOPERATION WITH THE SENATE SELECT

COMMITTEE (SSC) AND WISHES TO ASSIST AND' FACILITATE ANY

INVESTIGATIONS UNDERTAKEN BY THE SSC WITH RESPECI 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 ITS TERRITOY INTERVIEWED

BY THE SSC, THE BUREAU FREQUENILY LEARNS FROM THE SSC OR

OTHERWISE THAT FORMER EMPLOYEES ARE BEING CONSIDERED FOR

INTERVIEW BY THE SSC STAFF. INSIRUCIIONS ARE ISSUED FOR THE

FIELD OFFICE TO CONTACT THE FORMER EMPLOYEE TO ALERT HIM AS TO

POSSIBLE INTERVIEW, REMIND HIM OF HIS CONFIDENTIALITY AGREEMENT

WITH THE BUREAU

AND SUGGEST THAT IF HE IS CONTACTED FOR

1. SAG

2. ASAC_

3. Sec: Supvr. sw

COPERAS

routed t

4. Desk 4 M

5. Desk 5

6. Desk 6

STRIPIED

9-10-85

NW 54965 DooId: 32989503

Page 12

SAC

(Last)

---

## Page 13

PAGE TWO

INTERVIEW, HE MAY CONTACT THE LEGAL COUNSEL DIVISION BY

COLLECT CALL FOR FURTHER INFORMATION. IN THE USUAL CASE,

AS CIRCUMSTANCES UNFOLD, THE FORMER EMPLOYEE IS TOLD(1)

THAI HE 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 ANSUER QUESTION.. THESE AREAS

ARE RELATING TO INFORMATION WHICH MAY CA) IDENTIFY BUREAU

SOURCES; (B) REVEAL SENSITIVE METHODS/TECHNIQUES; (C) REVEAL

IDENTITIES OF THIRD AGENCIES, INCLUDING FOREIGN INTELLIGENCE

AGENCIES, OR INFORMATIOW 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 AT INTERVIEW, SO INTERVIEWEE

MIGHT CONSULT WITH HIM SHOULD QUESTIONS ARISE AS TO PARAMETERS

OF INTERVIEW OR PRIVILEGED AREAS. THE CONSULTANT DID NOT ACT

AS A LEGAL ADVISOR.

EFFECTIVE IMMEDIATELY, BUREAU WILL NO LONGER PROVIDE

NW 54965 DocId: 32989503 Page 13

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## Page 14

PAGE THREE

ON-THE-SCENE PERSONNEL FOR CONSULTATION PURPOSES TO ASSIST

EITHER CURRENT OF FORMER EMPLOYEES. PROSPECTIVE INTERVIEWEES •

SHOULD BE TOLD THAT, IF THEY DESIRE ASSISTANCE OF THIS NATURE

DURING AN INTERVIEW, THEY MAY CONTACT EITHER PERSONALLY CIF

INTERVIEW IS IN WASHINGTON, D. C.) OR BY COLLECT CALL, THE

ASSISTANI DIRECIOR OF THE INTELLIGENCE DIVISION, MR. W. R.

WANNALL, OR, IN HIS ABSENCE, SECTION

CHIEF W. O. CREGAR.

THIS CHANGE IN 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

DEPARTMENI IN EXPLORING AVENUES TO ARRANGE LEGAL REPRESENTATION,

• WHEN NECESSARY, FOR CURRENT AND FORMER EMPLOYEES WITHOUT

EXPENSE TO. THEM. YOU WILL BE KEPT ADVISED OF DEVELOPMENTS

IN THIS REGARD.

END

REP FBI BU

MW 54965 DocId: 32989503 Page 14 •

---

## Page 15

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

(Mount Clipping in Space Below)

i Prevent Illegal Surveillance

Continuing disclosures by the Senate various other individuals and groups.

Select Committee on Intelligence drama-.

tize to the American people how exces-

sive and illegal certain CIA and FBI sur-

veillance practices became during the

fading Cold War years.

Apparently the systematic opening of

foreign mail to and from Americans by

the CIA, as well as the FBI's burglary

break-ins or "black bag jobs," had been

stopped quite a while ago - as they

certainly should have been.

But with Americans now well alerted

nd conditions have changed..The break

to this threat to their own liberties, there

ns began in wartime. That they persist

can be no excuse for avoiding effective

ed long afterwards, however, documents

new restraints to correct past mistakes

the inadequacies of legal restraints, and

and prevent a recurrence of these

abuses.. ..

Earlier this year,

the Rockefeller CIA

More important than assessing blame

panel disclosed the 20-year program of

or hooting at ironies is the imperative c

mail openings, which it branded as

reventing similar perils in the future

"unlawful" and raising "constitutional

The country needs better laws, more

questions under the Fourth Amendment"

effective accountability of these agencies

barring unreasonable search and sei-

to elected officials and a much greater

zure. But a Senate committee has now

alertness on their part to the dangers

added such details as Sen. Church's dis-

posed by surveillance excesses to Ameri-

covery in his own CIA files of a copy of a

can liberties.

letter he had sent from Russia to his

The U. S. must have first-rate intelli-

mother-in-law in Idaho in 1971.

gence capability at home and abroad. It

More

disturbing is the disclosure

needs a strong and effective FBI and CIA

that the FBI between 1942 and 1968 con-

in the national interest. But it must de-

ducted 238 break-in burglaries against 14

vise strict guidelines that confine this

unnamed

"domestic security targets,"

capability within lawful and constitution-

not to mention uncounted others against

al boundaries.

1. SAC

2. ASAC _ VI

3. Sec. Supvr.

4. Desk 4_

OR

5. Desk 5.

6. Desk 6

LASAN

SHAUGHNESSE INS

724.

Loat 61-2183 :

NW 54965

DocId: 32989503

(Indicate page, name of

newspaper, city and state.)

114

BUFFALO EVENING NEWS

Buffalo, New York

ee Tureau

1-80-1876

1 - 80-2122

Date:

9/29/75

Edition:

City

Author:

Editor: Millard C. Browne

Title: SENATE SELECT

COMMITTE ON

INTELLIGENCE

Character;

or

166-2183-

Classification:

Submitting Office:

Buffalo

Being Investigated

LAVe STE

INDEKED

549191

RESUFFAL

SACRASTA

+2-3413-39

---

## Page 16

SAC (67-369-I)

SAC RICHARD D. ROGGE

MARY JO CODI

11/12/75

This is to record that at 4:30 PM on

11/10/75 SAC was telephonically contacted by Supervisor

EDWARD P. GRIGALUS of the Intelligence Division indicating

that there is a possibility SA GARRY G. LASH may be

called to testify beforc the Select Committee to Study

Government Operations with respect to intelligence

activities and that ho was

calling to verify that

SA LASH was the primary case Agent who handled 'ARY JO

coOK. Mx. GRIGALUS stated that any further infornation

that is developed, he vill notify Buffalo.

.. .

1] - 02-2665 (Senstudy, 75)

1 - SAC

1 - ASAC

I - SA LASH

RDR: faf

(5)

.

SFARCHED.

.... NDE XED ....

SERIALIZED.....A. LEE.

FBI BUENO

NW 54965

DocId: 32989503

Page 16

---

## Page 17

SAC (07-3G9-II)

EDITARD P. GRIGALUS

FBIHO, ESTENSION 4591

MARY JO COOK

11/13/75

Rememo of SAC RICHARD D. ROGGI, 11/12/75.

On 11/13/75 EDWAND P. GRIGALUS, FBILO,

tat. 1591, telephonically advised as follows:

The U. S. Senate Sclect Connittce to study

governmental operations nith respect to intelligence

activities nade the following request: "The following

documents and naterials relating to inhy so coon, in

custody oi the Builalo, I. Y., Field Ofiice or elcevhere:

2. all documents and materials reflecting

contacts and reports of contacts (and the substance

thercof) between MARY JO COOK and IBI SAS frOm 7/73 to

12/74.

b. all documents and materials reflecting

information suppliod by MARY JO COOK to FBI SAs (and

Bureau Field or Headquarters summarios thereof,, including

2l1 vritton reports propared by lARY JO COOK from 7/73

to 12/74.

c. all documents and materials relating to

any guidance, directions, instructions or suggestions

given tO lARY JO COOK by

TBI SAS from 7/73 to 12/74.

all docusents and materials relating to

Bureau and field Office supervision of the handling of

LARY J0 COOK by FBI SAs fron 7/73 to 12/74.

Send above materials by cover airtel

captioned "SENSTUDY 75, ATTI: INTD

Mr. W. O. CREGAR."

4, 2

(- 02-2065 (SENSTUDY, 75)

I - SAC

1 - ASAC

1 - SA LASH

Mill de

FEI-BUFFALO

EPG/fai

(5) ,

1'24!25

NW. 54965 "Dodtà: 32939503.

Page 17

---

## Page 18

routing Slip

0-7 (Rev. 12-17-73)

TO: SAC:

Albany

Albuquerque

•Nexandria

Anchorage

Atlanta

Baltimore

Binningham

Boston

Buffalo

Butte

Charlotte

Chicago

Cincinnati

Cleveland

Columbia

Dallas

Denver

Detroit

E! Paso

1 Honolulu

(Copies to Of

Checked)

Houston

Indianapolis

Jack son

•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

Quantico

Date

RE: SENATE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIES

Oklahoma City TO LEGAT:

I Beirut

Omaha

Philadelphia

10

bern

Bonn

Phoenix

Brasilia

Pitlsburgh

Buenos Aires

Portland

Caracas

Richmond

Hong Kong

Sacramento

LLon don

St. Louis

Madrid

Salt Lake City

Manila

San Anlonio

Mexico City

San

Diego

Ottawa

San Francisco

Paris

San Juan

Rome

Savannah

Singapore

Tel Aviv

Tokyo

11/21/75

Retention

For appropriate

O For information optional

action

E] Surep, by

The enclosed is for your informalion. Ifused in a sulure report,

[ conceal all

sources, [J paraphrase contents.

Enclosed are corrected pages from report of SA

dated

Remarks:

Enclosed for your information is a copy of

an article by Mr. William Safire entitled "Mr.

Church's Cover-Up" that appeared in the

November 20, 1975, issue of "The New York Times.

6.:

• / 5-5A

Enc. (1)

Bufile

Urfile

NIW

54965

DocId: 32989503

Page 18

5AC(2AST).

---

## Page 19

r. Church's

Cover-Up

The committee is not asking embar-

rassing questions even when answers

are readily available. A couple of

weeks ago, at an open hearing, an

By William Safire

WASHINCON, Nov. 19-On Oct. 10,

1963, the then-Attorney General of the

United States put his personal signa-

ture on a document that launched and

legitimatized one of the most horren-

dous abuses of Federal police power in

this century.

In Senator Frank Church's subcom-

mittee hearing room this week,

the

authorized

wiretapping and

subse-

quent unauthorized bugging and at-

tempted blackmailing of Martin Luther

King Jr. is being gingerly examined,

with the "investigation" conducted in

such a way

as not to unduly

ein-

barrass officials of the Kennedy or

Johnson Administrations.

With great care, the committee has

focused on the F.B.I. Yesterday, when?

the committee counsel first set forth

the result of shuffling through press

clips, it seerned as if no Justice De-d

partment had existed in 1962; today,

an F.B.I. witness pointed out that it

was Robert Kennedy who authorized

the wiretap of Dr. King, and that "the

President of the United States and the

Altorney General specifically discussed

their concern of Communist influence

with Dr. King."

But the Church committee showed

no zest for getting further to the Ken-

nedy root of this precedent to Water-

gate eavesdropping. If Senator Church

were willing to let the chips fall where

they may, he would call some knowl-

edgeable witnesses into the glare of

the camera lights and ask them some

questions that have gone unasked for

• thirteen years.

For example, he could call Nicholas

Katzenbach, Attorney General Ken-

nedy's deputy and successor, and ask

what he knows of the Kennedy de-

cision to wiretap Dr. King. Who at

Justice concurred in the recommenda-

tion? How does the F.B.I. know the 1

President was consulted or informed?

After Mr. Katzenbach assumed of-

fice, and the wiretapping continued,

he was told by angry newsmen that

the F.B.I. was leaking scurrilous in-

formation about Dr. King. Why did he

wait for four months, and for a thou-

sand telephonic intercaptions, to dise

continue the officially approved tap?

Of course, this sort of testimony

would erode Senator Church's political

base, That is why we do not see foi-

iner Assistant F.B.I. director Cartha

(Ocke)

Deloach,

Lyndon

Johnson's

personal contact with the F.B.I. in the

witness chair.

What cid President

Johnson know about the character-

assascination plot and when did he

know it? What conversations took

place betwaen Mr. Deioach and Presi-

dent Johnson on the lapping

of Dr.

King, or about the use of the F.B.I. in

miy other intrusions into the lives of

le lisa Egures?

NW 54965 DooId: 32989503

General Kennedy. The too-willing with •

ness was promptly shoosned into si

would be developed only in executive

session. Nobody raised

an

eyebrow.

That pattern of containment by the

Church committee is vividly shown by

the handling of the buggings at the

1964 Republican and Democratic con-

ESSAY

they involved the use of the F.B.I.,

but the Church investigators seem to

be determined not to probe too deeply.

If F.B.l. documents say that reports

were made to specific Johnson aides,

why are those men not given

the

same opportunity to publicly tell their

story so avidly given the next Presi-

dent's men? If Lyndon Johnson com-

mitted this impeachable high crime of

ward to tell us all about it?

ment to Democrats,

sional

employees

of

the sense of outrage expressed in the

Senate Watergate committee's hear-

ing room. When it is revealed that the

management of NBC News gave press

credentials to L.B.J.'s spies at the 1964

which network executive made what.

decision under what pressure.

I have been haranguing patient

readers for years about the double

standard appled to Democratic and

Republican political crimes,

and had

hoped the day would come when the

hardball precedents see by

the Ker-

cedy and Johnson men would be laid

before the public in damning detail.

Obviously, Democrat Frank Church

is not the

man to do it. His jowl-

shaking indignation is ail loo

selec-

tive; the trail of high-level responsi-

bility for the crimes committed against

Dr. King and others is evidently going

to be allowed to cooi.

Pity. You'd think thai after at the

nation has been througi in the past

few years, oui policical leaders would

have learned that the one thing that

brings you down is the art et cover-

Page 19

1. SAC_

2. ASAC.

3. Sec. Supvr._

4. Desk s4 v-C

5. Desk 5_

6. Desk 6_

THE NEW YORK TIMES

THURSDAY, NOVEMBER 20th, 1975

PAGE C-41

---

## Page 20

Cuffalo, New York

Foyestor 20, 1075

PETITED SIMILE ADITE SLLECT COITILI

X1 INTELLIGEICE ACIIVITILG (S6C)

RE:

INTERVIN OF FOI SPECIAL

AGINE CARRY CA LASH MY

DOC DRATE IMPRES

ADRIE POSAL AT JEFT MAYOR:

O'7 NOVELEER 20, 1075

Intervien oi spocial uncnt List by Jec stati

committee mazbens mo contacted in 30L 011100 51000.

The interview lasted froz approxinately 11:15 Aĩ until

1:15 PAle

Inion to the intervien s.. La3l vas advised of

the identity of the interviciors and that he vas froc to

carcico hig rights at any tire as guaranteed by tho

United States Constitution.

SA Lasy was advised that 3o

had the right to have an attornoy present and the rigit

to have a United States Senator present, 14 Libi raived

both of those rights.

Ee mo also advised that the scoro

of the inquiry vould concern the handling of lost Jo coor,

a for or IrI Infomant, exclusivaly.

A court reporter vas precent to dictatal into

a pastotte recordina machine during tha intervâcie

DA 119R HaG not S20rh*

As follous are the quastions directed to sA tic!

and the answers that he provided ascording to the boot

rocollection of 31. L198:

ASACIL

1 - 62-665

GGL: dam

(10)

=8

NW 54965 DocId: 32989503 Page 20

---

## Page 21

UNITED STATES SENATE

SELECT COMMITTEE ON

INTELLIGENCE ACIIVITIES

ANDREW POSTAL

SA LASH, what is your present employnent?

SA LASH

Special Agent of the FBI

POSTAL

Where are you assigned?

LASH

Buffalo, New York

POSTAL

Os is you assigned there duning the summen

LASH

POSTAL

Yes

Did you specialize in any type of

investigations?

LASH

POSTAL

Yes, Internal Security investigations

Did you have occasion to recruit

Mary Jo Cook as an informant in an

organization known as Vietnam Veterans

Against the War (VVAW) (Characterization

of which is contained in appendix hereto)?

LASH

POSTAL

LASH

POSTAL

LASH

POSTAL

LASH

POSTAL

LASH

NW 54965 DocId: 32989503 Page 21

Yes

Would you state why the Buffalo Chapter

of the VVAW was being investigated

by the FBI?

I do not feel that I can answer this

question within the scope of the current

interview.

Who was your supervisor at the time

you handled Mary Jo Cook?

Francis Jenkins

Who was your SAl at the time?

Richard Ash

Would you describe for us the methods

of recruiting Mary Jo Cook.

Upon discovering that Mary Jo Cook had

attended some meetings of the Buffalo

Chapter of the VVAW, I interviewed her

concerning

her attendance and indicated

to her that I wished her to become an

informant for the FBI.

- ?

---

## Page 22

UNITED STATES SENATE

SELECT COMMITTEE ON

INTELLIGENCE ACTIVITIES

POSTAL

Specifically, what instructions did you

give her?

LASH

I told her to become a member of the

Buffalo Chapter of the VVAW in order

that she might gather information

concerning violent or radical activities

engaged in by the organization.

POSTAL

What specific area was lliss Cook assigned

to work in?

LASH

Initially she became a member of the

women's group of the VAW.

POSTAL

Has this group of the VAW engaged in

any specific type of activity at the time?

LASH

I belleve at this point in time they

were trying to develop various

programs they could implement in the future.

POSTAL

Did you tell her she was to obtain

background information concerning

individuals in the group?

LASH

I told her to obtain information concerning

members of the VAl.

POSTAL

LASH

What do you mean by "a member?"

The VVAW did not have membership cards

as such, however, I considered a

person who attends meetings of the Chapter

or gives financial or other support to be

a member of the organization.

POSTAL

What type of background information did

she obtain?

LASH

She obtained physical descriptions

other types of background information

such as residences on employment which

would allow me to differentiate between

that individual and other individuals

in the Buffalo area.

- 3 -

NW 54965

DocId: 32989503 Page 22

---

## Page 23

UNITED STATES SENATE

SELECT COMMITTEE ON

INTELLIGENCE ACTIVITIES

POSTAL

LASH

JEFF KAYDEN

LASH

POSTAL

LASH

POSTAL

LASH

POSTAL

LASH

POSTAL

LASH

POSTAL

LASH

POSTAL

LASH

Did you have her provide any other

information concerning individuals

in the organization?

I asked her to identify those individuals

who had a capability of engaging ir

radical on violent activities.

That is the difference between violent

and radical activities?

Radical activities that are not violent

are those which are illegal or infringe

upon the rights of other citizens.

Did you have another Agent present with

you when you recruited lary Jo Cook?

Yes, I did.

For what reason?

It is a FBI regulation that two Agents

be present during initlal interviews

with fenale informants.

Did this Agent become a handling Agent

of Mary to Cook?

No, he did not.

He was merely present

during the initial interview.

Then did you first contact Mary Jo Cook?

June, 1973

Did Mary Jo Cook attend meetings of the

VAN with her boyfriend, whose name we

shall not mention?

I believe she did.

Dia she and her boyfriend ever give

joint reports?

I can not discuss that matter within

the scope of this inquiry.

- 4-

NW 54965 DocId: 32989503 Page 23

---

## Page 24

UNITED STATES SENATE

SELECT COMMITTEE ON

INTELLIGENCE ACTIVITIES

POSTAL

LASH

POSTAL

LASH

POSTAL

LASH

POSTAL

LASH

POSTAL

LASH

POSTAL

LASH

Miss Cook stated that the objectives of

the VVAW were as follows:

In Viet Nam, to obtali

better veteran's benefits, to upgrade

bad conduct discharges, to obtain

drug treatment for veterans. Is this

correct?

I believe they embraced those objectives

but they also had others.

What were the other objectives?

As she described them, the destruction of

U. S. imperialism and

the replacement of

our form of government with a socialist

government, probably modeled after the

government

of Red China.

Did the VVAW ever engage in violent

activities?

Yes.

Could you cite some examples?

The first meeting she attended, for

example, concerned the planning of

disruption of a U. S. Marine Corp:

Armed Forces Day display in Buffalo.

other occasions actions were planned

which were illegal and disruptive,

Can you give any examples of violent

activities by individual members?

I recall on one occasion several members

In this organization told Miss Cook

that they felt the actions of an individual

who was

arrested for a bombing on the

University of Michigan campus, which resulted in

death, were justified for political purposes.

Do you know of any violent activities

that VAW members actually engaged in

since the foregoing could possibly be

rhetoric?

On several occasions members of the

-5 -

NW 54965

DocId: 32989503 Page 24

---

## Page 25

UNITED STATES SENATE

SELECT COMMITTEE OI

INTELLIGENCE ACTIVITIES

LASH

POSTAL

LASH

POSTAL

LASH

POSTAL

LASH

POSTAL

LASH

POSTAL

LASH

POSTAL

LASH

- VVAW have physically assualted members

of other

subversive groups in the Buffalo area.

Miss Cook has indicated that you told

her that you were interested in attempts

by other groups to take over the VAN.

Did this ever happen?

According to information provided by

Miss Cook, the Revolutionary Union

(Characterization of which is contained

in appendix hereto) was attempting to

take over the VVAW. I was interested

in this.

What is the Revolutionary Union?

The Revolutionary Union is a Maoist

subversive group.

Was the Revolutionary Union attempting

to take over the Buffalo Chapter?

According to Miss Cook, they were trying

to take over chapters in several areas

of the country and she said that they were

taking over the New York City chapter,

however, I cannot recall specific attempts

to take

over the Buffalo chapter while

I was handling Miss Cook.

Did the Revolutionary Union ever take

over the VAW?

I cannot answer that within the scope

of this inquizy.

Did you consider the VVAW to be a

subversive organization?

Yes

Do you know anything about "Cointelpro"?

I cannot answer that within the scope

of this inquiry.

-6 -

NW 54965

DocId: 32989503 Page 25

---

## Page 26

UNITED STATES SENATE

SELECT COMMITTEE ON

INTELLIGENCE ACTIVILIES

POSTAL

Did you ever use information provided

by Mary Jo Cook in any cointelpro-type

activities such as getting members of

VVAW fired from their jobs or telling

LASH

POSTAL

LASH

POSTAL

LASH

POSTAL

LASH

POSTAL

LASH

POSTAL

LASH

POSTAL

No I did not.

Did you ever take any actions against

Hary Jo Cook or her family?

No I did not.

Did you ever

engage in any disruptive

or neutralizing action against the

organization?

I engaged in no disruptive activities,

however, If I learned that the organization

was planning something illegal I would

alert the local authorities and sufficient

police officers would appear at the scene to

prevent trouble. I feel this neutralized any

planned illegality by the VAu.

Did Miss Cook ever provide you with

mailing lists of the organization:

Miss Cook provided me with any number of

lists, whether they were described as

mailing lists or membership lists, I

cannot recall.

Did she ever provide you with any

contribution lists of the organization?

Not that I can recall.

Did you ever tell her that you were

interested in determining if the

organization was receiving funds from

foreign sources.

I cannot specifically recall telling

her that.

Would you be interested in Knowing

if the VVAW was receiving funds from

foreign sources?

- 7-

NW 54965

DocId: 32989503 Page 26

---

## Page 27

UNITED STATES SENATE

SELECT COMMITTEE ON

IITELLIGENCE ACTIVITIES

LASH

Yes I would.

POSTAL

Did you ever find out that the VAW

was getting funds from foreign sources?

LASH

POSTAL

No.

That did you do with the names that

were contained on these lists?

LASH

I would review the lists to determine

if there was anything significant

contained in them and a great deal of

them I would do nothing with and merely

return the lists to Miss Cook. She

provided me with a lot of material that

I had no interest in.

POSTAL

Did she ever provide you with a

defense pamphlet?

LASH

POSTAL

Not that I can recall

Did she ever give you any information

concerning VVAW defense strategies?

LASH

I believe she gave me material such

and from a magazine called,

"Counter Spy" and other information of

that nature.

POSTAL

Did she tell you that she was working

with the Attica Defense Committee?

LASH

POSTAL

LASH

POSTAL

NW 54965

Yes

What is the Attica Defense Committee?

It is an umbrella-type organization

in

which individuals who are interested

in defending Attica prisoners as well

as Individuals seeking their own ends

have gotten together.

Dia Miss Cook ever indicate that the

VVAl was a conduit of mail between

the Attica Defense Committee and prisoners

in order to get letters in and out of

Jail?

LASH

DocId: 32989503 Page 27

I don't recall her saying that.

- 8-

---

## Page 28

UNITED STATES SENATE

SELECT COMMITTEE ON

INTELLIGENCE ACTIVITIES

POSTAL

Did she ever talk about courtroom

tactics or witnesses to be used

by the Attica Defense Committee?

LASH

POSTAL

Not that I can recall

Did you ever give any information she

provided to the Attica prosecutors?

LASH

POSTAL

None whatsoever

Did you ever give any kind of information

regarding the Attica Defense Committee

to others outside the FBI?

LASH

I would pass on information concerning

demonstrations, rallies, etc. to the

local authorities.

POSTAL

LASH

POSTAL

LASH

POSTAL

LASH

POSTAL

Did she ever talk about demonstrations

in the courtroom itself?

Not that I can recall.

Did she ever provide logistical

type information concerning Attica

demonstrations?

Yes, on one occasion she was even

a "parade marshal" at a demonstration.

Was there ever any violence at Attica

Defense Committee Demonstrations?

On one occasion another group which was

marching in a demonstration planned

to march out of the parade and trash

the Chase Manhattan Bank in Buffalo

provoking the police. This information

was brought to the attention of the police

and it did not occur.

And as I recall,

I also told Mary to cook about this

plan and might have prevented it From

happening.

Are any of the individuals who are actually

connected with the defense of the Attica

prisoners known to be violence-prone

Individuals?

- 9 -

NW 54965

DocId: 32989503 Page 28

---

## Page 29

-----

UNITED STATES SENATE

SELECT COMMITTEE OIT

INTELLIGENCE ACTIVITIES

LASH

I cannot answer that within the scope

of this inquiry

POSTAL

What was the method of her providing

you with reports?

LASH

She would provide me with information

either in person or by telephone, which

I would dictate to a stenographer, have

reduced to writine and have her sign.

POSTAL

Jid these reports contain backgrounc

Information regarding individuals

LASH

POSTAL

LASH

POSTAL

LASH

POSTAL.

LASH

POSTAL

LASH

POSTAL

LASH

Yes

What type of background information?

The same.

type I described before, physical

data, place of employment; residence, etc.

Did she give you follow-up data on this

background information?

Yes. If a person changed his residence

or employment she would tell me.

Did she make conclusions in her reports?

She reported information factually,

however, I believe she did make conclusions

regarding the propensity Ion violence

for individuals in the organization.

Miss Cook indicated that after a while

she began to give you reports wherein

several meetings would be reported in

one report if these meetings concerned

a central thene. Is this true?

As best I can recall, Miss Cook gave me

reports on each individual meeting she

attended.

Did you ever indicate to Miss Cook that

you had

specific questions for her from

Washington?

I cannot recall saying that.

- 10 -

NW 54965 DocId: 32989503 Page 29

---

## Page 30

-

UNITED STATES SENATE

SELECT COMMITTEE ON

INTELIIGENCE ACTIVITIES

POSTAL

LASH

POSTAL

LASHI

POSTAL

LASH

POSTAL

LASH

POSTAL,

LASH

She stated that on occasion you provided

her with a list of questions which she

said came fron Washington and sometimes

she did not understand the questions.

On occasion I would ask her questions

about the organization. I never gave

her any list of questions that I said

came from Washington.

On several

occasions I told her, in response to

her questions, that the information she

provided was sometimes sent to Washington

since it pertained to VAW nationally.

I pointed out that this should calm

her fears that the FBI might be

getting information from informants who

are not telling the true story about

the VVAT.

would in fact offset any mis-information

that might come from another informant.

Did Miss Cook ever provide out of town

reports?

. Yes. Miss Cook traveled to other cities

and provided reports on activities in

these cities.

Was she provided with the names of Agents

and telephone numbers in these other cities.

Yes she was.

Was this so she could report to these

other Agents?

No. She was given the number for

emergency purposes only, to be utilized

if she found out something that required

immediate attention or if she suffered

some personal emergency such as an

automobile accident, etc.

During her trips to other cities and

attendance at conventions, did she

obtain any documents for the FBI?

Yes.

- 11 -

NW 54965

DocId: 32989503 Page 30

---

## Page 31

UNITED STATES SENATE

SELECT COMMITTEE ON

INTELIIGENCE ACTIVITIES

POSTAL

LASH

POSTAL

LASH

POSTAL

LASH

POSTAL

LASH

POSTAL

LASH

POSTAL

LASH

POSTAL

What was the nature of these documents?

Any number of documents and handouts were

provided to the attendees at conventions.

Some of these were pamphlets describing

VVAW activities, copies of VAN newspapers,

flyers concerning demonstrations and activities

in other VAW chapters, etc.

what was the method of payment fox Miss Cook's

Miss Cook was paid on a COD basis for

information provided.

Was she paid a salary?

No

What determined the amount that she was

paid monthly?

She was paid on a monthly basis COD for

information provided. Inasmuch as she

provided a good deal of information every

month, she was usually paid the maximum

amount permitted by FBI Headquarters,

therefore monthly payments often totaled

as she instructed to pay income tax?

She was advised to treat all money

she received from the Bureau as income

and to pay appropriate taxes.

Was she given any instructions on how

to report her income from the FBI?

I cannot recall giving her any specific

instructions, however, if I had I would

have instructed hen to report it as

miscellaneous income or income from

self-employment, something of that nature.

Were these instructions to conceal the

fact that

she was receiving money from

confidential FBI funds?

-12 -

NW 54965 DocId: 32989503 Page 31

---

## Page 32

----

UNITED STATES SENATE

SELECT COMMITTEE ON

INTELLIGENCE ACTIVITIES

LASH

No. This would have been to conceal

the fact that she was an FBI informant.

POSTAL

Did you get Mary Jo Cook a job?

LASH

I aided her in finding employment.

POSTAL

What were the circumstances?

LASH

Miss Cook indicated that she was being

criticized by members of her group

for being a "lumpen proletariat" (PH)

for not being gainfully employed.

This is a Manxist term fon anyone

being supported by their parents

or Helfare, etc.

She indicated that

it would be necessary for her to find

a job and I contacted a social

acquaintance of mine who is employed

by a Buffalo area bank, who advised that

the bank is always looking for tellers.

I advised Miss Cook to

go to the bank.

She did and she got a job as a teller.

POSTAL

Did Mary Jo Cook feel she was an

Agent Provacateur?

LASH

No. On the contrary, I feel if anything

she was a non-provacateur since I

instructed her to act in such a way as to

prevent any violent or illegal act that might

be discussed in her presence.

I think she

understood this and acted in this way.

POSTAL

Why did Mary Jo Cook act as an informant?

LASH

Mary do cook was an actual member of the

VVAW as well as being an informant for the

FBI. She reconciled this in her mind

by feeling that she was providing

the FBI with information that was objective

and true about the organization, as well as

preventing violent Individuals from taking

over the group.

POSTAL

That percentage of the group did you feel

was violence prone?

LASH

I do not think I can answer that.

- 13 -

NW 54965 DocId: 32989503 Page 32

---

## Page 33

UNITED STATES SENATE

SELECT COMMITTEE ON

INTELLIGENCE ACTIVITIES

POSTAL

You cannot give some approximation?

LASH

According to Miss Cook there were

individuals who were not interested at all

In violence, as well as individuals who were

interested in taking up the gun and

fighting in the streets as a defensive

measure assuming that a violent revolution

would be started by the establishment.

There were also individuals who were

to east out their pot viole so themselves

What percentage of the group each of

these factions represented, I cannot say.

KAYDEN

Could you indicate the number of

violent activities that the VAV was

involved in during the period you

handled Mary Jo Cook?

LASH

KAYDEN

LASH

KAYDEN

I cannot recall

Was it 2 or 25?

Between 2 and 25.

Mary Jo Cook indicated that the VVAW members

were the most loving and good people she

has ever met. Did she ever indicate that

you you?

LASH

KAYDEN

Yes.

If she indicated that these people

were so loving and good, how did

you feel that they could engage in

acts of violence.

LASH

I do not mean to be facetious, but

I have

each other and are very interested

in ecology and other good things.

But I believe they certainly seem

to be capable of engaging in violence.

- 14 -

NW 54965 DocId: 32989503 Page 33

---

## Page 34

-

UNITED STATES SENATE

SELECT COMMITTEE ON

INTELLIGENCE ACTIVITIES

POSTAL

Miss Cook indicates that she felt

there were other informants in the

group. Did you ever discuss other

Infornants with her?

LASH

On one occasion an individual came to Buffalo

from another part of New York state

who was suspected of being an informant.

The group wanted to take action against him,

however Mary Jo Cook told them they

should take no action, but rather should

check with VVAW members in his home area

determine if he was an informant.

I believe at the time it was necessary

Ion me to ask her about this situation

immediately after it happened and she

therefore suspected we had other

informants in the organization.

POSTAL

LASH

POSTAL

LASH

POSTAL

LASH

POSTAL

LASH

Did you indicate to her that if she

were to quit you would put other informants

in the organization who would possibly

not be as truthful about the VAW

as she was?

Yes. I believe I did indicate this to her.

Why did she quit?

Because she indicated that she was having

nightmares and suffering actual physical

afflictions due to her fears of being

discovered as an informant.

She has indicated that she has had

long political discussions with you

where

you disagreed with her on

political issues. Is this correct?

Yes, this is correct.

What prompted these discussions?

She indicated on many occasions that

as a member of the VVAW she was only

hearing political perspective from the

far left. She asked that I present

her with an alternative perspective

which I attempted to do.

I attempted

to point out that there are two sides

- 15 -

NW 54965

DocId: 32989503 Page 34

---

## Page 35

UNITED STATES SENATE

SELECT COMMITTEE ON

INTELLIGENCE ACTIVITIES

LASH

to every question.

For example,

(Cont.)

I recall on one occasion she was

by the VVAW that Bethlehem Steel in

the Buffalo area had permitted a worker

to die rather than shut down a blast

furnace after a worker had

fallen

down into the furnace area.

I checked

on this and told her that the true story

was that the worker had had a fatal heart

attack before falling into the dangerous

area and that immediately after his fall

everything was shut down for his rescue.

POSTAL

Did she indicate to you that she was

especially concerned about the atrocities

at Attica Prison?

LASH

POSTAL

Yes, she did.

Did you ever indicate to her that you

talked to someone who had been there

and said there were no atrocities?

LASH

I indicated to her that I had talked

to a physician who had been there

after the rebellion had been put down

who had told me that the individuals

he treated had been injured during the

period the prison was in the hands of

the rebellious inmates and not during

the suppression of the riot.

POSTAL

Did she ever discuss political parties

with you?

LASH

The only thing I can recall is her telling

me that at some time in the future the

VVAY will be a grassroots socialist party

in the United States.

POSTAL

Did she mention an individual named

Martin Solestry (PH)?

LASH

POSTAL

LASH

Do you mean Martin Sostre?

Who is he?

He is a prison inmate I believe in

Auburn Prison.

- 16 -

NW 54965 DocId: 32989503 Page 35

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## Page 36

UNITED STATES SENATE

SELECT COMMITTEE ON

INTELLIGENCE ACTIVITIES

POSTAL

Is there a Martin Sostre Defence Committee?

LASH

I believe so.

POSTAL

Did she ever give you any information

about the Martin Sostre Defense Committee?

LASH

POSTAL

No

When she wanted to quit did you try to

Keep her as an informant?

LASH

On several occasions I convinced

her that she should remain an informant

but at the time of our last contact I

felt that she had truly made up her mind

and I made no further attempt to convince

her to remain an informant.

POSTAL

Did it bother you that she was reporting

to you on the political activities of these

individuals?

LASH

Is it Bureau policy that informants report

on political activity?

I don't feel that I can answer either of

these questions within the scope of the

inguiry.

- 17 -

NW 54965

DogId: 32989503

Page 36

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## Page 37

APPENDIX

VIETNA VETERANS AGAINST THE WAR/

WINTER SOLDIER ORGANIZATION

the Vietnan Veterans Against the War, formed in

196/ by Vietnam veterans to protest United States involves

ment in the war in Southeast: Asia (changed name to Vietnam

Veterans Against the War/Winter Soldier Organization (VVAW/

WSO) in 1973 to include non-veterans as members), has spon~

sored numerous anti-government demonstrations,

some resulting

in violence.

The VVAN/WSO National Office (NO) and some key

chapters are infiltrated and influenced by the militant Revolu

tionary Union (RU) organization, and VVAW/WSO leaders have told

members that VVAW/WSO is a revolutionary organization, not "just

another group of war veterans. "

• The current Marxist-Leninist-

Maoist oriented NO, which promotes education of the membership

in Marxist-Leninist-laoist doctrine and directs the organization

into politicai

growth along the

same lines

ational Steering Commitee Meetings (NSCh), As 1574, poztrayed

VVAN/NSO as a mass anti-imperialist organization and a vanguard

of the revolution eventually created by the masses:

WAW/WSO leaders voted at the December, 1974 NSCH to

alien wai woo with the ku, which organization follows

& strict

Maoist line designed to bring about violent revolution in the

United States.

APPENDIX

ANS 29

MW 54965 DooId: 32989503 Page 37

---

## Page 38

APPENDIX

REVOLUTIONARY UNION

The Revolutionary Union (RU): founded in early

1968 in the San Francisco Bay area, is a militant semi-

covert Marxist-leninist revolutionary organization

ideologically oriented towards the People

China and the teachings of Chairman MAO Ise-tung•

objectives as set forth in its theoretical publication,

"The Red Papers,

are the development of a united front against imperialism,

the fostering of sevolutionary working class unity and

leadership in struggle, and the formation of a communist

party based on Marxism-Leñinism-MAO Tse-tung thought, leading

to the overthrow of the United States Government by force

and violence. Members of the RU have been identified as

warfare training.

was located in Maywood, Illinois.

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APPeNDIX

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## Page 39

11/26/75

AIRTEL

REGISTERED MAIL

TO:

FROM:

SENSTUDY 75

DIRECTOR, FBI (62-116395)

SAC, BUFFALO (62-2665>

Enclosed is an original and & copies of a LiM

Captvote, SC enate Select Committee on Intelligence

The enclosed LIM concerns interview of SA GARRY G.

LASH by SSC staff members on 11/20/75.

Arrangement of areas of inquiry in enclosed LHM

is topical rather than chronological.

2 - Bureau (encs. 9) (RM)

2 - Buffalo

GGL: dam

(4)5

ASAC AR

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180-10276

1. SAC

2. ASAC_

3. Sec. Supvr. ra

4. Desk 4_

5. Desk 5

6. Desk 6.

7.LASH

ELMIRA_

GEAEVA_

JAMESICIL

12-21: 5-94

ROCHESTER

DAVISON

NW: 54965

DocIdH32989503

Page

40

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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

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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 Mr. 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 54965 DocId:32989503 Page 42

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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

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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 -

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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 -

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:

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

- 5 -

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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

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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 1 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 54965 DocId: 32989503 Page 48

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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 told

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 54965 DocId:32989503 Page 49

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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 54965 DocId: 32989503 Page 50

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MR. ADAMS:

QUESTION:

MR. ADAMS:

QUESTION:

MR. ADAMS:

QUESTION:

MR. ADAMS:

QUESTION:

MR. ADAMS:

QUESTION:

MR. ADAMS:

QUESTION:

We disseminated every single item which he reported to us.

To a police department which you knew was an accomplice to

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 54965 DocId: 32989503 Page 51

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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 54965 DocId: 32989503 Page 52

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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.

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... +

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.

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NR 65 0 WA PLAIN

8:05PM NITEL 12/10/75 GHS

TO ALL SACS

FROM DIRECTOR

DIRECIOR'S APPEARANCE BEFORE SENATE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIES, DECEIBER 10, 1975

A COPY OF THE STATEMENT I DELIVERED BEFORE THE SENATE

SELECT CUMMITTEE ON INTELLIGENCE ACTIVITIES TODAY HAS BEEN

SENT ALL OFFICES. FOR YOUR INFORMATION, THERE FOLLOWS A

SYNOPSIZED ACCOUNT OF THE MAJOR AREAS OF THE COMMITTEE'S

QUESTIONS TO ME, TOGETHER WITH MY RESPONSES:

•(1) REGARDING FBI INFORMANIS, QUESTIONS WERE ASKED

WHETHER COURT APPROVAL SHOULD BE REQUIRED FOR FBI USE OF

• INFORMANTS IN INVESTIGATIONS OF ORGANIZATIONS MY RESPONSE

WAS THAT THE CONTROLS WHICH EXIST

TODAY OVER USE OF INFORMANIS

ARE SATISFACIORY); HOW CAN FBI KEEP INFORMANIS OPERATING

WITHIN PROPER LIMITS SO THEY DO NOT INVADE RIGHIS OF OTHER

PERSONS MY RESPONSE WAS THAT RELIANCE MUST BE PLACED ON THE

INDIVIDUAL AGENTS HANDLING INFORMANTS AND THOSE SUPERVISING

THE AGENTS' WORK, THAT INFORMANIS WHO VIOLATE THE LAW CAN BE

1. SAC.

2. ASAC_

3. Sec. Supvr, Spir

4. Bosk 4 Of

5. Desk 5_

6. Desk 6_

F. LONG.

lopen your,

susannel!

FAiR

NW 54965 Docid! 3

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## Page 56

PAGE TWO

PROSECUTED -- AS CAN ANY AGENT WHO COUNSELS AN INFORMANT TO

COMMIT VIOLATIONS); AND DID FORMER KLAN INFORMANT GARY ROWE

TESTIFY ACCURATELY WHEN HE TOLD THE COMMITTEE ON DECEMBER 2

THAT HE INFORMED FBI OF PLANNED ACTS OF VIOLENCE BUT FBI

DID NOI ACI TO PREVENT THEM CITY RESPONSE WAS IHAT ROWE'S

TESTIMONY WAS NOT ACCURATE) •

(2) IN RESPONSE TO QUESTIONS REGARDING IMPROPER

CONDUCI BY FBI EMPLOYEES, I STATED THAI ALLEGED VIOLAIIONS OF

LAW BY FBI PERSONNEL SHOULD BE INVESTIGATED BY THE FBI OR

OTHER APPROPRIATE AGENCY; THAT THE INSPECTION DIVISION HAS

CONDUCTED INQUIRIES REGARDING ALLEGATIONS OF MISCONDUCI;

THAT AN OFFICE OF PROFESSIONAL RESPONSIBILITY HAS JUST

BEEN ESTABLISHED IN THE JUSTICE DEPARTUENT, AND WE WILL ADVISE

THAT OFFICE OF OUR MAJOR INVESTIGATIONS OF DEPARTMENTAL PERSONNEL,

INCLUDING FBI EMPLOYEES, FOR ALLEGED VIOLATIONS OF LAW, REGULATIONS,

OR STANDARDS OF CONDUCT; THAT I WOULD RESERVE COMMENT

REGARDING POSSIBLE CREATION OF A NATIONAL INSPECIOR GENERAL

TO CONSIDER MATTERS OF MISCONDUCI BY EMPLOYEES OF ANY FEDERAL

AGENCY.

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PAGE THREE

(3) IN RESPONSE IO QUESTIONS CONCERNING HARASSMENT OF

MARTIN LUTHER KING, JR., I STATED THAT THE PERSONS WHO ISSUED

THE ORDERS WHICH RESULTED IN SUCH HARASSMENT SHOULD FACE THE

RESPONSIBILITY FOR IT, RATHER THAN THOSE UNDER THEM WHO CARRIED

OUT SUCH ORDERS IN GOOD FAITH; THAI THE FBI STILL HAS RECORDINGS

RESULIING FROM ELECTRONIC SURVEILLANCES OF KING; THAT WE RETAIN

RECORDINGS FOR TEN YEARS BUI WE ALSO HAVE AGREED TO A REQUEST

FROM THE SENATE NOT TO DESTROY INFORMATION IN OUR FILES WHILE

CONGRESSIONAL INQUIRIES ARE BEING CONDUCTED; THAT I HAVE NOT

REVIEWED THE KING TAPES; THAT IF 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 THE TWO AREAS TO BE COMPATIBLE, AND I

FEEL THE FBI IS DOING A SPLENDID JOB IN BOTH AREAS.

(5) IN RESPONSE TO QUESTIONS CONCERNING THE ADEQUACY

OF CONTROLS ON REQUESTS FROM THE WHITE HOUSE AND FROM OTHER •

GOVERNMENT AGENCIES FOR FBI INVESTIGATIONS OR

• FOR INFORMATION

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PAGE FOUR

FROM OUR FILES, I SIATED THAT WHEN SUCH REQUESTS ARE MADÉ

ORALLY, THEY SHOULD BE CONFIRMED IN WRITING; THAT WE WOULD

WELCOME ANY LEGISLATIVE GUIDELINES THE CONGRESS FEELS WOULD

PROTECT THE FBI FROM THE POSSIBILITY OF PARTISAN MISUSE.

A FULL TRANSCRIPT OF THE QUESTIONS AND ANSWERS WILL BE

FURNISHED TO EACH OFFICE AS SOON AS IT IS AVAILABLE.

ALL LEGAIS ADVISED SEPARATELY ..

END

DU B FBI BUFFALO FOR TWO'AND CLEAR

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Vol. 15

Ohe United Statra Sruate

Report of Proceedinge

Hearing held before

Sleci Connittoo to Study Governmantal. Operationg

With Respect to Intelligence Activities

INTCLLIGENCE INVESTIGATION

1. SAC(LAST)

2. ASAG_

3. Sac. Supur. opa

1. Bosk 4_

5. Dot 5 M

6. Desir 6_

T.LASH_

8. Higgens

ELVIRA

GENEVA

RN3

CIGAR LSS

ROCHESTER

DAVISON O

Tuesday, Dscember 2, 1975

• Washington, D. C.

Tiri

WARD & PAUL

410 FIRST STREET, S. E.

WASHINGTON, D. C. 20003

(202) 544-6000

62-2665-

SEARCHED

SERIALIZED.

INDEXED.

DEC 8

• 1975

Shanghmeng as

12

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Senator Tower.. The next witnesses to appear before the

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

Deputy Associate Director, Investigation, responsible for all

investigative operations; Mr. W. Raymond Wannall, Assistant

Director, Intélligence 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;

Mr. Robert I. Schackelford, Section Chief, subversive

investigations; Mr. Homer A. Newman, Jr., Assistant to Section

Chief, supervises extremist informants; MI. Edward P. Grigal':

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

Assistant Section Chief, Civil Rights Section, Gener:! Inv."li-

gative Division.

Gentlemen, will you all rise and be sworn.

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smn 16

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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.

Mr. Wannall. I do.

Mr. Mintz. I do.

Mr. Deegan. I do.

Mr. Schackelford. I do.

Mr. 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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•1902

Phone (Area 202) 544-6000

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TESTIMONY OF W. RAYMOND WANNAIL, ASSISTANT DIRECTOR,

INTELLIGENCE DIVISION, FEDERAL BUREAU OF INVESTIGATION •

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

DIRECTOR-DEPUTY ASSOCIATE DIRECTOR (INVESTIGATION) :

JOHN A. MINTZ, ASSISTANT DIRECTOR, LEGAL COUNSEL

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

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

ASSISTANI 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.

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

Senator Tower.

Would that appear to be a fairly accurate

figure.

MI. 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?

...

Mr. Wannall. I would say yes. And your ques!'

criteria?

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Senator Tower.

What criteria do you use in the selection

of informants?

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

our cases relating to 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?

Mr. 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 a 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.

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

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

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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

statute, 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 surveillance 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?

Mr. 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 Comnunist Party. We feel that we had a very valid

basis to direct our attention to the VAW.

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. Mart?

Senator Hart 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 llart 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 rccognize that we interviewed you because

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

States, and that isn't distorted ox 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

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?

MI. Adams. No, sir.

Senator llart 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: fall:

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Senator llart 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 87B3 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 tvo 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 reportou 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 for 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

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 State Department, to military intelligence, and to the

White House.

How do we get into all of that?

Mr. Adams.

Well -

Senator Mart of Michigan.

Or if you were to rerun it,

would you do it again?

Mr. Adans.

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 conments

about it. They formed an organizational meeting. We took

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

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

organization.

Now the problem we get into is if we take a quick look

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

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

Jille

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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 money 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.

Sonator llart of richiyan.

Sole of the sponsors war

umbrella organizations involving about 50 diverse ron

the country. FBI informants providca advance is.rie

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plans for the meeting and apparently attended and reported on

the conference.

The Bureau's own reports described the

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

amnesty, the better for the soul of the country.

Now what reason is it for a vacuum cleaner approach on

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in that setting having contact with other groups, all and

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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 liart, 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 vere really two particular

items.

One was that a member of the steering committee there,

was a three man steering committee, and one of those members

of the national conference was in fact a national officer

of the VVAN 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.

Mi. Mannall. The

second report we had was that the

VVA 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 VVAW gave you a list of

goals which were completely within Constitutionally protected

objectives. There wasn't a single item out of that VAl 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 WVAW was the regional office

covering New York and northern New Jersey. It was

one of the

five most active VVAN 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 Mr. 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 considered to be of some

significance in our appraisal of the need for continuing the

investigation of that particular chapter of the vaw.

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

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holding a meeting, or whatever subject it was.

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country?

Mr.

Wannall. Well, of course there had been some

organizations.

Senator Hart of Michigan. Would the same logic follow?

Mr. Wannail. 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 here and it's a matter

of where you do and where you don't, and hopefully, as wo've

said before, we will have some guidance, not only from this

committee but from the quidelines 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 i

meeting and the fact that in the period of some …

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discontinued any further interest.

Senator Hart of Michigan. Heli, 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 of

individuals.

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

review that with you.

Senator Mondale, Pursue that question.

Senator liart of Michigan. I am talking now about an

obligation to obtain a warrant before you turn foose 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.

Now that's a concern for First Amendment rights that

ought to

• hearten all the civil libertarians.

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Mr. Adams: Well, for one thing it's the practicability

of it or the impacticability of'getting a warrant which:

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been or is about to be committed.

In the intelligence field ie are not dealing necessarily

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

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

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

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

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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.

It 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 unless 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 headguarters, 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 maintain

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, fox 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, hir. 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?

MI. 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 instead of waiting until it

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

confrontation, shouldn't we have som

"ere a coordinated program

that when you go up the ladder of co and in the FBI, that

on an imnediate'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.

MI. Adams.

well, fortunately, 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 acknowledyed 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 only 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.

MI. 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?

Mx. 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 nean 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 or

÷o indicate that 70

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

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 donestic 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 Mr. 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 ease, 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

Mr. 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

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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. MI. Adams, it seems to me that the

record is now fairly clear that when the FBI operates in the

field of

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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

from 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 resulteû 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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1937.

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

That.' s

the law. You can do that.

Mr. 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 complete concurrence in

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

next 100 years, you're damned if you i, and damned if you

don't

if wa don't have a delincation 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 ve 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 of

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 ¿ime 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.

End Tape 78

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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.

MI. 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 Di. 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,

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

that this investigation go on, and ti-s 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 De. King. That

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

in the discussion, one where the issus 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 VAW-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 thai 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 Statcs 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.

MI. 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.

Senator Huddleston. Concerning the new organization that

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

organization?

Mr. 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?

Mr. 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.

Mr. 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 dia

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 Mi.

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, MI. 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.

MI. 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 inember

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.--

MI. 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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Mx. 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 drop 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 operations 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

together 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

would be a very burdensome alternative id I think at some

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

we'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

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

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distinction. to me which I had overlooked fron our prior

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

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concentral monitoring of telephones and microphones and

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WARD &

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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. llart

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 t: 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, 'is. Chairman, and that

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Phone (f

aras

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deals with whether we 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. i

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 io 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.

22.

23

24

Everyone uses informants. The press has informants, Congress

has informants, you have individuals in your connunity that

:

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

25

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

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phone (Aroa 202) 544-6000

1958

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10.|

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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 llart, 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 Tower. Without objection,

so ordered.

• (The material referred to follows:)

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Phone (Ares 202) 544-6000

--

----

1959

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WARD

& PAUL

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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 3rà, 1975, at 10:00 o'clock a.n.)

410 First Street, S.E., Washington, D.C. 20003

15

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Routing Slip

0-7 (Rev. 7-11-75>

TO: ЗАС:

Albany

Albuquerque

Alexandria

Anchorage

Atlanta

Baltimore

Bimminghain

Boston

Guffalo

Butte

Charlolte

Chicago

Cincinnati

Cleveland

Columbia

Dallas

Denver

Detroit

El Paso

Honoluln

(Copies to

01

ices Cheritat;

Houston

Indianapolis

Jackson

Jacksonville

Kansas Cily

Knoxville

Lis Vegas

Liitle Rock

Los Angeles

Louisville

Memphis

Miami

Milwaukee

Minneapolis

Mobile

Newark

New Haven

New Orleans

New York City

Norfolk

NO LEGAT.

Oklahome City

Omaha

Philadelphia

Phoenix

Pillshurgh

Portland

Richinond®

10000881

Sacrameni

St. Louis

Sall Lake Cily

San Antonio

San Diego

San Francisco

Sall Juan

Savannah

Seattle

Springfield

T'ampa

Washington Field

Quantico

Bem

Bonn

] Brasilia

Buenos Mires

Caracus

Hong liong

L0Nd01

Madrid

] Manila

Mexico City

Ottawa

Paris

Rome

& Tokyo

Tel Aviv

RE:

Dato December.

TESTIMONY OF ASSISTANT TO THE DIRECTOR--

DEPUTY ASSOCIATE DIRECTOR JAMES B. ADAMS

BEFORE THE SENATE SELECT COMMITTEE ON

12/2/75

Retention

For appropriate

O For infonnation EJ optional

7 action

[ Surep, by

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

sources,

paraphrase

contents.

Enclosed are corrected pages from report of SA

dated

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 of

above-referenced testimony.

UNEDITED TRANSCRIPT

Enc. (1!

Bufile

Urfile

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OFFICE OF THE DIRECTOR

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D.G. 20535

FOR RELEASE

10 A.M., EST

WEDNESDAY, DECEMBER 10, 1975

STATEMENT OF

CLARENCE M. KELLEY

DIRECTOR

FEDERAL BUREAU OF INVESTIGATION

BEFORE THE

SELECT COMMITTEE ON INTELLIGENCE ACTIVITIES

U. S. SENATE

WASHINGTON, D. C.

WW 54965

1. SAC

2. ASAC_

1,. Cosk 4.

3. Buck 5.

6. Desk 6.

7.LASH.

DocId: 32989503

DECEMBER 10, 1975

42-2445-13

715/5

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I welcome the interest which this Committee

has shown in the FBI and most particularly in our

operations in the intelligence 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 insistence, as has been expressed

by this Committee, upon programs of law enforcement that.

are themselves fully consistent with law.

I also have strongly supported the concept of

legislative oversight. In fact, at the time my appointment

as Director of the FBI 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

NW 54965 DocId: 32989503 Page 122

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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.

I believe we have lived up to those promises.

The members and staff of this Committee have

had unprecedented 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 a 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, focused 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.

-2-

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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 over-

all work.

A Justice Department Committee which was formed

last year to conduct a thorough study of the FBI's

Counterintelligence Programs has reported that in the

five basic ones it found 3,247 Counterintelligence proposals

were submitted to FBI Headquarters 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.

NW 54965

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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 siege to military, industrial, and

educational facilities; and killings, maimings, and

other atrocities accompanied such acts of violence

from New England to California.

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,

- 4-

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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 Counterintelligence 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 investi-

gative and intelligence-gathering agency -- and take

affirmative steps which are needed to meet an imminent

threat to human life or property.

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

- 5 -

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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 can I 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 substantial 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 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.

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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

-7-

NW 54965 DocId: 32989503 Page 128

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requests or practices which, in my judgment, were improper

or which, considering the context of the request, I believed

presented the appearance 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

Director and every member of the FBI under him.

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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 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 been 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

- 9 -

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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 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 Congress 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

NW 54965 DocId: 32989503 Page 131

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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 Congressional oversight or Executive

decision.

The FBI urgently needs a clear and workable

determination 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 most frustrating of all problems that I have discovered

facing law enforcement in this country - Federal, state, or

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.

- 11 -

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It must be sufficiently flexible that it

does not stifle FBI 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 jurisdiction resides with the Congress.

In this regard, I am troubled by some proposals

which 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

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investigations that should be recognized -- differences

in scope, in objective and

l 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 rather

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 unlawful acts. Anticipation,

in turn, is dependent on advance information -- that

is intelligence.

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

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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 successor 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.

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SAC (66-1698>

SA GARRY G. LASH

FILIS

12/10/75

of the dedication of the j. Edgar Hoover Building at Washington,

D.C. and the testimony of Assistant to the Director JANES

ADAMS before the Senate Intelligence Committee, SA VINCENT

PLUMPTON,

co determine when a video tape machine would be providec

BOLLMAN stated that the earliest

SA PLUMPTON is currently attempting to determine

shere such a machine may be obtained locally in order to

show these films to interested personnel.

- 62-2665 (SENSTUDY)

GGL .mmw

(2)

62-2665-14

DEC 1019/o

l. 119.113

NW 54965

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SAC (67-369-K)

SAC RICHARD D. ROGGE

LIARY JO COOK

11/19/75

Re SAC memo 11/12/75 and nemo of EDWARD P.

GRIGALUS, 11/13/75.

This is to record that at 2:01 All on 11/19/75

Legal Counsel Division, FBIll, Instructer

hat SA GARRY G. LASH should report to Room 3658 at FBI

on Thursday, 11/20/75 for briefin, prior to interview by

the Legal Counsel of Senstudy.

SA IASI Was advised while SAC still on the

telephonc with Mr. DALY and he stated he rould obtain

suitable transportation to be in Washington, D.C., on the

morning of 11/20/75.

The above is for record purposes.

41 - 62-2065 (SENSTUDY, 75)

I - SAC

1 - ASAC

I - SA LASI

RDE: faf

(5)

Cxl:0-15

SEATED... NEE ........

DESCRITY 1

1003-

FBI- BUFFALO

• NW 54965

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0-9 (Rev. 2-14-74)

#==

FBI

airtel

Transmit in

Via

_--

(Type in plaintext or codel

TO:

SAC, Albany

Director, FBI

-

(Precedence)

_-

12/12/75

(Date)

(This

ine

for LEFT MARGIN.)

TERRORIST STATISTICS

Considerable interest in terrorist statistics was

shown by attendees at the Security Seminar of the Former

Special Agents meeting in Houston, Texas, on 11/7/75, addressed

by Assistant Director W. Raymond Wannall.

In the event you are contacted in regard to such

statistics, they are available on page 6, paragraphs 2 and 5,

of my "Statement on Terrorism," before the Subcommittee on

Internal Security, Senate Committee on Judiciary, November 19,

1975.

Information in this statement, previously

furnished all

offices, is now public source data.

In addition, further statistical data on terrorism

will be available in January, 1976, in the year-end review of

the FBI Domestic Terrorist Digest and the FBI Police Bulletin.

(Do not type BEYOND THIS MARGIN.)

2 - All Field Offices

1 - Each Legat

(Do not type below this line.)

ELMIRA

62-2165-15A

SEARCHED_

SERIALIZED_

DED 1 $ 1975

DAVISON

Côn

MW 54965

DocId: 32989503 Page 138

x80-2142

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## Page 139

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

(Mount Clipping in Space Below)

FBI Reveals

Death Threat!

To Politicians

(Indicate page, name of

newspaper, city and state.)

10

BUFFALO EVENING NEWS

Buffalo, New Yorks

threat out is ere have been the

Burcau

He added that the threat was.

aimed also at Tim Butz, head

of a Washington-based organ-.

ization which has been publicly

blamed for blowing the cover

of CIA agent Richard Welch,

who was

slain last week in

Greece.

The threat came in a note

delivered to a Houston televi-

"an unidentified

indiv station be a 2, acording

note did nes spect said the-

note ice sin spect assas

sination except to home thist

they

were

sympathizers."

A spokesman for Sen. Church

said:

"We are aware of the

threat.'

Date:

Edition:

12/30/75

City

Author:

Editor:

Title:

SENSTUDY 75

Character:

OT

Classification:

Submitting Office:

62-2665

Buffalo

Being Investigated

ASAC M

LASH MA

13 3.

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Routing Slip

0-7 (Rov. 12-17-

TO: SAC:

Albany

Albuquerque

Nosaudria

Anchorage

Atlanta

Ballinore

Binningham

Boston

Buffalo

Butte

Charlotte

Chicago

Cincinnati

Cleveland

Columbia

Dallas

Denver

Detroit

El Paso

Honolulu

(Copies to Oftices Checked)

Houston

Indianapolis

Jack son

7 Jocksonville

7 Kansas Cily

Knoxville

Las Vegas

Little Rock

Los Angeles

Louisville

Memphis

Miami

Mil waukee

Minneapolis

Mobile

Newark

New Haven

New Orleans

New York Cily

Norfolk

Oklahoma City

Omaha

Philadelphia

Phoenix

Pittsburgh

Portland

Richmond

Sacramento

St. Louis

Salt Lake City

San Antonio

San Diego

San Francisco

San Juan

Savannah

Seattle

Springtield

Tampa

Washington Field

Quantico

TO LEGAT:

! Beirut

180577

Bonn

Brasilia

Buenos Aires

Caracas

Hong Kong

London

Madrid

Manila

Mexico City

Ottawa

Paris

Rome

Singapore

Tel Aviv

RE

Date /12/30/75

DIRECK

ORS

APPEARANCE BEFORE SENATE SELECT

COMMITTEE ON

DECEMBER 10,

19,75

Retention

For appropriate

For information = optional

I action

[J Surep, by

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

sources, [ paraphrase contents.

Enclosed are corrected pages from report of SA

dated

Remarks:

conceal ail

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

Enclosed for each Office and Legat is

one copy of the transcript of questions which

were asked Mr. Kelley during captioned appearance,

JINDEXED S

DEC 31 1975

FBI - BUFFALO

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NW

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## Page 141

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

(Mount Clipping in Space Below)

FBI Probing

Harris, Pike

Death Threats

WASHINGTON (UPI) The FBI said on Tuesday

it is investigating a threat to the lives of Democratic

presidential candidate Fred Harris, three members

of Congress and a magazine editor in retaliation for

the murder of CIA agent Richard Welch in, Greece

The members of Congress

viere Sen.

Frank Church,

killing," Franck said. "It just

Ijaho, and Reps. Otis Pike, D-

said it was a new organization

SI.Y., and Ronald Dellums, D-

to step forth in America /and

Calif.. Church and Pike head.

was condemning to death all

Communists in

congressional

committees

in-

America I

vestigating

activities

of the

leir part in Mr. Welch's deat

CIA. Dellums is a member of

It

was

signed

'God.

Bless

America,' »

the Pike committee.

A thretaening letter from the

Harris Upset

"Veterans Against Communist

Jim Hightower, a spokesman

Sympathizers" also named Har-

for Harris, said,

"We're not

ris and Tim Butz, a coeditor

of the magazine

"counterspy."

pornor to are has talked

which last year identified Welsh about abolishing certain covert

as CIA

station chief in Peru.

intelligence actions. We'll press

Welsch had been transferred to

right

Greece.

paign ahead with ouf. can-

Letter in Houston

Hightower said it was "up

Robert Franck,

special agent

setting' that the FBI had not

in charge of the FBI Houston

informed Harris of the threat

office,

said

the

letter

was

until his office enquired about it

delivered to Houston television

after hearing it mentioned on a

station KDOG-TV the day aiter

news broadcast on Tuesday. A

Christmas.

spokesman for Ohurch said the

"It was

a threat because of

senator's office knew nothing.of

the disclosure of Welch's iden-

the threat until asked about, it

ility which they said led to his

by a reporter...

WW 54965 DocId: 32989503

lage

141

(Indicate page, name of

newspaper, city and state.)

2

COURIER EXPRESS

Buffalo, New York

ww.

ce Bureau

-

Date:

12/31/75

Edition: Four Star

Author:

Editor:

Title: SENSTUDY 75

Character:

62-2665-

Classification:

Submitting Office: Buffalo

Being Investigated

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## Page 142

Routing Slip

0-7 PRov. 12-17-

TO: SAC:

Albany

Albuquerque

1 Alexandria

Anchorage

Atlanta

Raltimore

Birninghan

Boston

Buffalo

Butte

Charlotte

Chicago

Cincinnati

Cleveland

Columbia

Dallas

Denver

Detroit

El Paso

Honolulu

(Copies to Offices Checked)

Houston

Indianapolis

Jackson

Jacksonville

Kansas City

Knoxville

Las Vegas

Little Rock

Los Angeles

Louisville

Memphis

Miami

Milwaukee

Minnenpolis

Mobile

Newark

New Haven

New Orleans

New York City

Norfolk

D Oklahoma City

Omaha

Philadelphia

→ Phoenix

I Pittsburgh

1 Portland

1 Richmond

Sacramento

St. Louis

Salt Lake City

San Antonio

San Diego

I San Fracisco

San Juan

7 Savannah

I Seattle

] Springfield

| Tampa

¡ Washington Field

Quantico

TO LEGAT:

1 Baruc

7 Bem

Pnan

Brasilia

Buenos Aires

Carcas

Hong Kong

London

Madrid

Manila

Mexico City

Ottawa

Paris

Reine

Singapore

Tel Aviv

→ Tokyo

1/5/76

RE: DIRECTOR'S APPEARANCE

Dare

BEFORE SENATE SELECT

COMMITTEE

ON INTELLIGENCE ACTIV SENATO

ENDEXED

DECEMBER 10, 1975

ASIC

JAN

6 1976

Relentid

for appropriate

For information i optional

action

The enclosed is for your infornation. If use y

ceal all

sources, [ paraphrase contents.

Enclosed are corrected pages from report of SA

dated

Remarks: By routing slip dated 12/30/75 and

captioned as above, ali SACs and Legats were

furnished a copy of

the transcript of Mr.

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 tself should not be reproduced

For, Or given to, anyone outside the FBI.

Bufile

Nectated insert int to

gent rseng 3:1881-6-26

NW 54965-581a: 329

3855AM

age 142

1 62-2645-20

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## Page 143

FD-354 (Rev.7-16-63)

(Mount Clipping in Space Below)

Senate, Ford Combining

on 'Spy' Reform

(Indicate page, name of

newspaper, city and state.)

O.Nelo Tort Iimes News Service

WASHINGTON-The senate Select Committee

some of which will roman

of modigence and the Ford administration have

secret,

may

follow shortly,.

senior

White House officials

agreed to work qut joint legislative proposals for re-

said:

form of the United States intelligence community,

Joint

Senate and White House officials said Saturday.

ecutive

sessions between ex

branch officials and

"congressional

The unique plan to write nouncements at

a top-leve!

committees

to:

prepare legislation are unique

' legislation satisfactary to both

White House meeting on Saturd

the Senate and: President. Ford

day on intelligence: The closed-

in major proposals and have

door session,

emerged

during a series of

attended by

the

been used mainly to deal only

with technical details of legis

principals of the affected agen-

private meetings between Sen.

lation in the past.

cies, is the first time that the

, Frank Church, committee chair-

y man; D-Idaho, Sen. John Tower,

vast options for reform, and re-

The House Select Committee:

organization of intelligence

in Intelligence refused to agree:

vice chairman, D-Tex.,

their

this country werengathered in

to the joint sessions; scheduled

"key staft aides and. senior White.

: House officials in December

one breing for the top eve, staff director, said the House

and, early January. The plan.

officials and the President

reportedly has Ford's approval.

Orders May Follow

"Its own

was one of, the : an-

A series of executive orders,

dependenty, rocolor ly ine

COURIER EXPRESS

Buffalo, New York

Date: 1/11/76

Edition: Four Star

Author:

Editor:

Title:

SENSTUDY 75

Character:

or

Classification:

62-2665-2

Submitting Office

→ Buppyto

Being Investigated

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## Page 144

frances of the executive right to bronse refor even

though the White House

Aaron Donner, committee

counsel,

said the

take a different view." Senior

chairman,

Rep. Otis G. Pike, D-N.Y.; told

White House officials said the

White House officials

Ford'

administration

a lsò

was no way, never," that his

"reserved"' its rights to dis-

eto suce an at emerto enter antes leistive proposals.

"some of the com-

Some staff sources on both

The reformers complain that

sides of Congress were wary officials of the CIA, Delense

about the joint sessions.

Intelligence

Agency,

Federal

"It you start off with strong. Bureau, of

Investigation,

recommendations,"

one

aide

tional Security

Na-

Agency

and

said, "these meetings will just

others have seen the last year

give the intelligence community

as" merely

and the White House a chance

xercise

and have not faced

to water

them.

down

nothing."

However, Church said, "We fundamental changes in their

jessrve for the committee the operations.

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Sen: Frank Church

... mets. wuit tor

---

## Page 145

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

(Mount Clipping in Space Below)

Such an oversight commit.

Church Urges membership and trait every

Overhaul •öfe

staff every

two years.

-The

executive "branch

would be required to inform the

Spy Policies a activities, but no legal covert

- activities, but no legal covert

activities- could be stopped by

By LUCIAN WARREN

News Washington Bureat

Sen. Frank Church (D., Ida.)

rednesday unveiled plans 19r

operatias se the Fer dies cives

a major overhaul of national without axe vidance ham;

intelligence policies.

• without any

The chairman of the Senate

Congress, a new law will be

Intelligence Investigating Coms Proposed to

mittee. said. that

other comments before a

ence. Feb. 29 it-will recommend breakfast

session with report

reforms along these lines?"

ers, Sen. Church;

to assasinate

Cove operations destinied agents seria abroad by

would be arphibited by law

foreign leaders former

"There would be 'a flat

prohibition

S. covert by law.:

overthrow

foreign government,

cized: him 'as

which must be

kept would he

be prescribed for the leakage

of such secrets.

Rather than have six con

i do is the fest meet

gressional

committees

dida 1i

with intelligence

activities in

the executive branch, as now

provided by law, his committee

will recommend that a national

oversight intelligence commit

tee in the Senate handle such.

matters

exclusively.

in

the

upper branch. A corresponding

committee could be established

in the House, but his committee

would not object to one joint:

committee for both House and

Senate:

(Indicate page, name of

newspaper, city and state.)

10

BUFFALO EVENING NEWS

Buffalo; New York

Date:

Edition:

Author:

Editor:

Title:

1/15/76

Late City.

Complete

SENSTUDY 75

Character:

or

Classification's mine

62-2665-det

Submitting Office Buffalo

_ Being Investigated

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INDEXED

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# 3JANÃ 6 1979

FBI BUFFALO

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145

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## Page 146

0-9{F.08. 2-15-74)

F BI

Airtel

*__ Transmit in

Via

-

(Type in p'cirtext or codel

To:

SAG, Albany

"From:

Director, FBI

COST OF RESPONDING TO INQUIRIES FROM

OTHER AGENCIES, CONGRASSTONAL CONNIIIEES

AND REQUESTS UNDER THE FREEDOM ON INPORMALION

AND PRIVACY ACTS (FOIPA)

(Precedence)

--

1/14/76

(Date)

PERSONAL ATTENTION

As you are aware, the FBI is currently responding

to inquiries from various Congressional committees and agencies

such as the General Accounting Office.

In addition, we are

having to devote ever larger amounts of resources to the

handling of requests under provisions of the FOIPA.

(This line for LEFT MARGIN.)

While much of the effort required to process these

matters is' expended at FBIHQ, the field

offices are increas-

ingly being called on to give responses.

From time to time

in the past, the cost of responding to the inquiry of a

particular committee or agency has been monitored when

this

was

deemed appropriate.

Since it appears the high volume of incuiries will

continue for the foreseeable future, it is necessary to

provide for an efficient,

standardized mechanism of collecting

cost data and reporting the time spent servicing requests from

8.11

oversight groups which will be instituted immediately.

The time spent on FOIPA matters

will also he reported through

this centralized system.

As major inquiries

fron new groups

are received, the time

spent servicing these

requests should

also be reporied.

Under this system, each field office will submit

an appropriate communication

monthly reporting the time spent

2 - Each Field Office

Do not type

BEYOND

THIS MARGIN.)

Do not lype belou this lire. T

62-2665-23

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## Page 147

Airtel to Albany

Rẹ:

Cost Of Responding to Inquiries From .

responding to the requests of various groups and handling

FOIPA. matters.

This information must be received by the

fifteenth of the month following the month being reported on

and should be directed to the attention of the Budget and

Accounting

Section.

For uniformity, the information should be reported in

the following sample format:

Office:

Albany

Month: January, 1976

General Accounting Office

Agent Hours: 21

Clerical Hours: 11

Freedom of Information Act

Agent Hours:

61

Clerical Hours: 13

Privacy Act

Agent Hours: 17

Clerical Hours:

Field offices are not expected to keep detailed

time records.

Reliable estimates are acceptable and time

should be reported to the nearest whole hour.

The groups and activities which are being monitored

at the present time are as follows:

Senate Select Committee on Intelligence Activities

House Select Committee on Intelligence Activities

General Accounting Office

Freedom of Information Act

Privacy Act

Statistics should be reported on any oversight afforded

to the FBI and should not be restricted to the committees and

agencies described above.

For accountability purposes a report should be submitted

by each field

office each month, even if there 1s little or

no time to be reported.

The first report is to be submitted by

February 15, 1976 for the month of January.

- 2 .

NW 54965 DooId:32989503

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## Page 148

Airtel co Albany

Re:

Cost of Responding to Inquiries From...

The adoption of this system will eliminate the

need to send numerous reports on individual groups or projects

each month.

Also, the form of data collection will now be

uniform.

The information obtained will be of value to FBI

management for planning and

staffing requirements and will be

useful for budget justification purposes if it becomes

necessary to seek additional personnel to handle this work.

Your cooperation is appreciated.

3

-

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## Page 149

FD-35W'(Res, 7-16-63)

(Mount Clipping in Space Below)

Gongress Scored

In Spy Data Leaks:

WASHINGTON

(P)

intelligence committee.

Förd:

administration

accused

With out

the House Intelligence •Com

mittée of violating its oath by

disclosing top secret in-

telligence operations

contained

in the committee's final report.

The

report has

not

Director Clarence Kelley told

Senate committee that ir

creased Congressional super

vision

been

refeased publicly. Press reports

of covert operations covered in

unlimited

'the"

report amount to

"the ob-

vious" bursting. of the dam pro-

seriously jeopardize the flow of

tecting

many

of our

secret

volunteer

information, with is

operations • and activities,"

said

the life blood of our investigative

Céntral

Intelligence Direcbor

organization," Kelley said

' Willfam E. Colby.

At the White House, Press•

"The i committee

see mis

Secretary

Ron Nessen

said.

neither able to keep secrets nor

President Gerald R. Ford has

'its'agreement," Colby said.

Ai

ranking

member

House committee,

Rep.

Robert

Na. "Giamo,

" D-Conn.,

said he'*

But, he said "the premature:

Ford: administration it:s:elf

release of the préliminary draft

might have leaked the report in

of the committee report is in

an effort to discredit Congress"

ability to

keep

secrets.

and

violation of the security agree-

ment which

the White House

thereby cut off information to

understood

it

had with the

Congress in the future.

committee for the handling, of

Tinies Ipe Copy

classified material."

The New

York

Times

Serious Questions

reported Monday that it had

"This

unauthorized release

obtaired a copy of the still--

raises serious questions about:

secret House committee repart.

how classified material can be

Some other news organizations

handled by Congress when the

have carried stories based on

national security is at' stake,.

portions.of the reporc,

'Nessen said,

The report

says

U.S.

In-

telligence-costs about $10. billion.

The

bluntest

attack

came

from senior Republican Robert

year and says some covert

McClory of Hlinois as the House

operations

sometimes

have

committee took up a proposed

been ordered by presidents and

recommendation

to

create

*a

their staffs over CIA and State

permanent House committee.

to

Dept opposition:

• oversee

secret intelligence

• says

th en-President

operations.

Richard MI. Nixon, for example,

*I must confess that at this

directed the CIA to

support

point I am

not

confident a

Kurdish rebels in Iraq over ab-

House

committee

could

Jections

from the CLA, Secre.

trusted with this information,"

tary of State Henry

Kis-

McClory said.

singer, and the State Dept.

Later McClory Was joined bỳ

The House committee set to

several

other

House

members

work Monday on proposed

in' accusing the committee of

recommendations. including one

violating an

agreement with

"to abolish

major Pentagon

Ford y including secret in-

Intelligence agency and another

formation in its finel mublic

to meale a permanent House

report.

(Indicate page, name of

newspaper, city and state.)

2

COURIER EXPRESS

Buffalo, New York

Date: 1/27/76

Edition: Four Star

Author:

Editor:

Title:

SENSTUDY 75

Character:

or

Classification:

Submitting Office

62-2665524

Buffalo

I Being Investigated

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FD-350 (ReV.7-16-531

(Mount Clipping in Space Below)

Spy Panel

'Buries'

Its Report

WASHINGTON (UPI) - The

•House Intelligence Committee

gave custody of 2,000 copies of.

its blocked report to the House

•clerk on Friday and sald it was.

up to him. to decide what to do

with the document.

The full House, in a victory

for Président

Ford,

Thursday

night voted 246 to 124 to ban

publication. of the 338-page doc-

• ument until the

White House

"certified" the removal of class:

ified information that could dam.

age U:S. intelligence activities:

An alternative was to flag. the

copies "with appropriate secur

ity markings"

hem "only to persons author

zed to receive such classifier

information."

Rep,

man. of the Intelligence

Otts Pike, D.N.Y., chair:

Com-

mittee, said after the vote he

would not submit the report to.

censorship by the White Hous

and the Can and the report now,

was buried."

The burial vault selected on

Friday was: the office of House.

Clerk Ted Henshow.

One token

printed copy

was delivered

to

: his custody and 2,000 more cop:

jes of what was. to have been a

10,000-copy press run by 'the

Government Printing Office were

locked under his supervision.

The report will be in a deep

freeze until at least Monday,

- although 1;000 copies. - parts

of which have been leaked to

the press are floating around:

the hite House, the CA, Bi,

Indicate page, name of

newspaper, ulty and state..

2

COURIER EXPRESS

Buffalo, New York

Date: 1/31/76

Edition: Four Star

Author:

Editor:

Title:

SENSTUDY

Character:

or

Classification:

Submitting Office

_ Being Investigated

62-2665-

Burralo

ASACIM

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## Page 151

FD-35U (Res, 7-16-63)

(Mount Clipping in Space Below)

House Panele

Proposals Listed

"The recommendations'.ap-

proved by the House Intelligence

Committee

on, Tuesday in

cluded:

in strang the mena instie

tions for covert

institu

activities.

-A rule that judicial war

rants must be issued on prob

able cause before an informant

tiop.

Limit: 0n. FBI Chief

-A stipulation the FBI direc

tor, can serve no longer than two

residential terms and that he.

be accountable to the president

only through the attorney gen-

veral:

The intelligence arms of the

armed services be prohibited

from engaging in covert action

within the United States.

-Classification of information

should be the subject of specific

* legislation which should include

a method of regular declassifica

tion of secret ánd, restricted in-

(Indicate page, name of

newspaper, city and state.)

1

COURIER EXPRESS

Buffalo, New York

Date: 2/11/76

Edition: Four Star

Author:

Editor:

Tile: SENSTUDY

Character:

or

Classification:

62-2665-1266

Submitting Office Burtalo

Being Investigated

SEARCHED

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FBI BUFFALO

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NR064 WA PLAIN

10: 15PM NITEL 2-11-76 IKR

10 ALL SACS

FROM DIRECTOR

TESTIMONY BEFORE HOUSE CIVIL RIGHTS AND CONSTITUIIONAL RIGHIS

SUBCOMMITTEE FEBRUARY 11, 1976.

THE ATTORNEY GENERAL AND I TESTIFIED BEFORE

CAPTIONED SUBCOMMITTEE TODAY CONCERNING LEGISLATIVE

POLICIES AND GUIDELINES FOR THE FBI. COPIES OF THE

STATEMENTS PRESENTED TO THE COMMITTEE BY THE ATTORNEY

GENERAL AND ME ARE BEING MAILED TO ALL OFFICES TODAY. FOR

YOUR INFORMATION, THERE FOLLOWS A SYNOPSIZED ACCOUNT OF THE

MAJOR AREAS OF THE SUBCOMMITTEE'S QUESTIONS IO ME, TOGETHER

WITH MY RESPONSES:

(1) IN RESPONSE TO QUESTIONS REGARDING THE

PREVENTIVE ACTION PROVISION IN THE ATTORNEY GENERAL'S

PROPOSED GUIDELINES FOR THE FBI WHICH ARE CITED IN HIS

PREPARED STATEMENT, I STATED THAT THE PRIMARY MANDATE OF

LAW ENFORCEMENT IS PREVENTION; THAI WE CANNOT INVESTIGATE

SOLELY "AFTER THE FACT"; THAT ACTION TO PREVENI LEGITIMATE

DISSENT UNDER OUR DEMOCRATIC FORM OF GOVERNMENT WOULD BE

INTOLERABLE; THAT

PRIOR TO TAKING PREVENTIVE ACTION IN A

/1. SAC

62-2445-277

2. ASAC_

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## Page 153

PAGE TWO

DOMESTIC SECURITY CASE TODAY WE WOULD ASCERTAIN THE NATURE

AND EXTENT OF THE THREAI INVOLVED, CONSULI WITH THE DEPARIMENT,

AND REACH A WORKABLE SOLUTION AS TO ANY NECESSARY AND PROPER

ACTION TO BE TAKEN.

(2) REGARDING THE GUIDELINES, QUESTIONS WERE ASKED

CONCERNING MY INPUT (MY RESPONSE WAS THAT THE FBI HAS A

REPRESENTATIVE ON THE GUIDELINES COMMITTEE, AND I RECEIVE

REPORIS FROM TIME TO TIME CONCERNING THE THRUST OF THESE

GUIDELINES) AND WHETHER THE GUIDELINES IN PRESENT FORM ARE

TOO STRICI OR LOOSE MY RESPONSE WAS THAT THE FBI IS NOT

UNCOMFORTABLE WITH THE GUIDELINES; THAT I CANNOT BROADLY

CATEGORIZE THEM AS STRICT OR LOOSE; THAT THEY ARE STILL

UNDER CONSIDERATION BUT AT THIS POINI ARE NOT TOO RESTRICTIVE):

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

DEPARIMENI OF JUSTICE SUPERVISES THE FBI, I STATED THAT I

RECOGNIZE THAT IT DOES AND THAT I CAN STATE UNEQUIVOCALLY THAT

I HAVE A VERY PLEASANT RELATIONSHIP WITH THE ATTORNEY GENERAL

AND THAT WE GET ALONG VERY WELL.

(THE ATTORNEY GENERAL AGREED AND POINTED OUT THAT

THE FBI HAS TO HAVE CONSIDERABLE AUTONOMY, THAT THE FBI

DIRECIOR"S RESPONSIBILITY IS GREAT, AND THAT THE ATTORNEY GENERAL

ENW 54965 DocId:32989503 Page 153

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## Page 154

#. *

PAGE THREE

HAS GENERAL OVERSIGHT RESPONSIBILITY OVER THE BUREAU. HE NOTED

THAT THE ATTORNEY GENERAL "IS NOT RUNNING THE FBI" - - OR HE

WOULD NOT HAVE TIME FOR ANYTHING ELSE -= AND THAT THERE

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

DIRECTOR.)

(4) IN RESPONSE TO QUESTIONS CONCERNING CONTINUED

OVERSIGHT OF THE FBI BY CONGRESSIONAL COMMITTEES, I STATED

THAT, SINCE APRIL, 1975, THE FBI HAS DEVOTED 45D0 AGENT DAYS

AND 2221 CLERICAL DAYS TO PROVIDE CONGRESS WITH THE INFORMATION

THAI IT HAS REQUESTED; THAI SOME SOURCES AND INFORMANTS

HAVE BECOME UNWILLING TO URNISH US INFORMATION BECAUSE OF

• THE WIDESPREAD DISCLOSURE OF THE MATERIAL WE HAVE PROVIDED

CONGRESSIONAL COMMITTEES; THAT THE FBI DOES NOI OBJECI TO

OVERSIGHT; THAT WE ARE WILLING TO HAVE OVERSIGHT AND

GUIDELINES BUT THAT WE WANT TO DEVELOP SOME BALANCE SO

THAT WE MAY MAINIAIN OUR CAPABILITIES INTACI TO FULLY

DISCHARGE OUR RESPONSIBILITIES.

ALL LEGATS ADVISED SEPARATELY.

END

DMB

FBI

BU

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NRO64 VA PLAIU

10:15PM NITEL 2-11 - 76 TKR

TO ALL SACS

FROM DIRECTOR

TESTIMONY BEFORE HOUSE CIVIL RIGHIS AND CONSTITUTIONAL RIGHTS

SUBCOMMITTEE FEBRUARY 11, 1976e

THE ATTORNEY GENERAL AND I TESTIFIED BEFORE

CAPTIONED SUBCOIMITTEE TODAY CONCERNING LEGISLAIIVE

POLICIES AND GUIDELINES FOR THE FBI. COPIES OF THE

STATEMENTS PRESENTED TO

, THE COMMITTEE BY THE ATTORNEY

GENERAL AND ME ARE BEING MAILED TO ALL OFFICES TODAY, FOR

YOUR INFORMATION, THERE FOLLOWS A SYNOPSIZED ACCOUNT OF THE

MAJOR AREAS OF THE SUBCOMMITTEE'S QUESTIONS TO ME, TOGETHER

WITH MY RESPONSES:

м.".

(1) IN RESPONSE TO QUESTIONS REGARDING THE

PREVENTIVE ACTION PROVISION IN THE ATTORNEY GENERAL'S

:!"

PROPOSED GUIDELINES FOR THE FBI WHICH ARE CITED IN HIS

PREPARED STATEMENI, I STATED THAT THE PRIMARY MANDATE OF

LAW ENFORCENENT IS PREVENTION; THAT VE CANNOI INVESTIGATE

SOLELY "AFTER THE FACT"; THAT ACTION TO PREVENI LEGITINATE

DISSENT UNDER OUR DEMOCRATIC FORM OF GOVERNMENT WOULD BE

INTOLERABLE; THAT PRIOR TO TAKING PREVENTIVE ACTION IN A

HEHIRAL

422445-57

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PAGE IVO

DOMESTIC SECURITY CASE TODAY WE WOULD ASCERTAIN THE NATURE

AND EXTENT OF THE THREAI INVOLVED, CONSULI WITH THE DEPARINENI,

AND REACH A WORKABLE SOLUTION AS IO ANY LECESSARY AND PROPER

ACTION TO BE TAKEN.

(2) REGARDING THE GUIDELINES, QUESTIONS WERE ASKED

CONCERNING MY INPUT MY RESPONSE WAS THAT THE FBI HAS A

REPRESEITATIVE ON THE GUIDELIVES COMMITTEE, AUD I RECEIVE

• REPORTS FROM TIME TO TIME CONGERNING THE THRUST OF THESE

GUIDELINES) AND WHETHER THE GUIDELINES IN PRESENT FORM ARE

TOO STRICT OR LOOSE MY RESPONSE WAS THAT IHE FBI IS NOT

UNCONFORTABLE WITH THE GUIDELINES; THAI I CANNOT BROADLY

CATEGORIZE THEM AS STRICI OR LOOSE; THAT THEY ARE STILL

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

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

DEPARIMENI OF JUSTICE SUPERVISES THE FBI, I STATED THAI I

RECOGNIZE THAT II DOES AND THAT I CAN STATE UNEQUIVOCALLY THAI

I HAVE A VERY PLEASANI RELATIONSHIP WITH THE ATTORNEY GENERAL

AND THAT WE GET ALONG VERY WELL.

THE ATTORNEY GENERAL AGREED AND POINTED OUT THAT

THE FBI HAS TO HAVE CONSIDERABLE AUTONOMY, THAI THE FBI

DIRECTOR*S RESPONSIBILITY IS GREAI, AND THAT THE ATTORNEY GENERAL

NW 54965 Docid: 32989503 Page 156

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## Page 157

PAGE THREE

HAS GENERAL OVERSIGHT RESPONSIBILITY OVER THE BUREAU. HE NOTED

THAT THE ATTORNEY GENERAL "IS NOT RUNNING THE FBI" -- OR HE

WOULD NOT HAVE TINE FOR ANYTHING ELSE - AND THAT THERE

IS "SOHE DISTANCE" BETVEEN THE ATTORMEY GENERAL AUD IHE FBI

DIRECTOR»)

(4) IN RESPONSE TO QUESTIONS CONCERNING CONTINUED

OVERSIGHT OF THE FBI BY CONGRESSIONAL CORNITTEES, I STATED

THAI SINCE APRIL, 1975, THE FBI HAS DEVOIED 4500 AGENT DAYS

AND 2221 CLERICAL DAYS

TO PROVIDE CONGRESS WITH THE INFORMATION

THAT IT HAS REQUESTED; THAI SOME SOURCES AND INFORMANIS

HAVE BECOME UNWILLING TO FURHISH US INFORMATION BECAUSE OF

THE WIDESPREAD DISCLOSURE OF THE MATERIAL WE HAVE PROVIDED

, CONGRESSIONAL COMUITTEES; THAT THE FBI DOES NOT OBJECT TO

OVERSIGHT; THAT WE ARE WILLING TO HAVE OVERSIGHT AND

GUIDELINES BUT THAT VE WANT TO DEVELOP SOME BALANCE SO

THAT VE MAY MAINIAIN OUR CAPABILITIES INTACT TO FULLY

DISCHARGE OUR RESPONSIBILITIES.

ALL LEGATS ADVISED SEPARATELY.

END

DiAB

FBI BU

NW 54965 DocId: 32989503 Page 157

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## Page 158

FD-350 (Rev. 7-16-83)

(Mount Clipping in Space Below)

House Spy Unit Leaves

Unpublished Report on

Abuses by CIA, FBI

United Press International

WASHINGTON, Feb: ll The House Intelligence,

Committee "has folded its tent, leaving

unpublished report on "atrocious and horrendous

things" done by the CIA and FBI and a stack of recom-)

mendations on how to prevent illegal activities and

abuses. -

proceedings'

aire port with an

official of the

closed," - said Chairman Otis, what could be printed.

Pike (D., N. Y.) in ending the

committee's work Tuesday

The •committee's: recommen-

-He: gaye

dation package was approved

members. another by a vote of 94.

day to forward any final minor-

observations they might recommendations

have on: a package of approved

-Prohibition against CIA use

recommendations- and said. it of the media and religious and,

all would be

House for action soon:

se full, educational institutions. for.cov

THE 18-MEMBER

—A

rule

panel's

that judicial war

rants must be issued on prob

mandate expires

at midnight, able cause before an informant.

leaving only the Senate Intelli-

gence: Committee in business Or any other agent may infil-

until it also runs out of time at

trate any domestic group or as-

the end of the month.

- sociation

Both committees have pro-

_A STIPULATION that the

posed permanent House

and "FBI. director can serveno long-

Senate

oversight panels. Wither than two presidential terms

the filing of the House Commit-

and that he be accountable to

tee's

recommendations;

the the President only through the

, Way was opened for a decision attorney general.

by Speaker Carl Albert' (D.,

-Thẻ

intelligence

arms of

Okla.) on what to do with its

the armed services be prohib:

controversial 338-page report,

sited from

t.he

fruit of

year's

engaging in

covert.

action within the United States.

investigations.

—Classification

informa-

The House

voted Jan: 30 to. tion should

be

the subject of

ban publication until President

specific

legislation

which

Ford had a chance to delete

should

include a method of

material

he

thought

might regular declassification off se

harm intelligence activities.

cret and restricted information.

Rep. Mike said the document

-The FBI's Internal Security

contains "atrocious and horren-

Branch

be abolished

and the

dous things" which should be

counterintelligence

made public and: "not swept

reorganized,

branch be

with its mission

under the rug."

limited

to

investigating and

countering

thie

efforts

of

HE REFUSED to submit.it to: foreign-directed

groups

and

• censorship, Instead he sent the individuals against the U. S.

2000 printed copies to the clerk

— The

Justice. Department

of the House who locked them

* could order

investigations of

up pending further action.

the

activities

of

terroristi

There were suggestions that

groups only

on

suspicion

off

Rep: Albert might propose

specific violations of

criminall

committee:

including himself law and not

on the general

and Democratic and Republi

grounds

antonders ta go over the rer activities."

Of .

"subversivel

Charad

NW 54965 DocId: 32989503

Page 158

(Indicate page, name of

newspaper, city and state.)

7

BUFFALO EVENING NEWS

Buffalo, New York,

Date:

2/11/76

Edition:

Late City.

Author:

Complete

Editor:

Titie:

SENSTUDY

Character:

Classification:

Submitting Office

Being Inrestigated

62-2665

528

Buffalo

SEARCHED.

SERIALIZED

#3 FEBTLE. 1.976

FB-BUFFALO

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## Page 159

FD-350 (Rev. 7-16-53)

(Mount Clipping in Space Below)

For Chief -

Guidclines Opposed a

Silocommittee member Rep.

Herman Badillo,

D-N.Y., an-.

Against Too

nounced at the hearing he is

filing a House resolution asking

for rejection of the proposed

FBI guideines on grounds they

Stiff Curbs

are not tough enough.

He condemned the guidelines

"as so broad as to give license

WASHINGTON

(P) - FBI

to exactly the same kinds of.

Director Clarence Kelley

said

activity the FBI has carried on

on

Weanesday that too much

up until now without the benefit

restrictive legislation over the of guidelines."

agency's domestic intelligence

'During the past months," he

activities

may

hamper

its

said, "ve have been shocked b

ability to investigate terrorist ithe

revelations

surrounding

"groups in the future.

Cointelpro

operations

against

Kelley,

testimony to a Martin Luther-King. If the new

House judiciary subcommittee,

guidelines are ever promulgated,

said he endorses FBI guidelines exactly the same kind of ac-

proposed by the Justice Dept.,

¡tivities

but

could

be given

added

that restrictions sanction of respectability."

the

should not go too far.

•Cointelpro

was a domestic

ay vait* to emphasize that- intelligence program operating

these domestic intelligence in- in the 1950s and 1960s in which

vestigations are not undertaken

the FBI disrupted and harassed

for the purpose of collecting in-

groups of right and left per-

formation on

those who

hold"

Stastons,

•unpopular

controversial

political viests," Kelley

said,

"Their focus is on conduct, not

ideas - conduct that involves

or is likely to involve a viola-•

tion of federal law."

The proposed FBI guidelines

stigation by the FBI of criminal l

acts: the dissemination of in-

ormation for the purpose of

solding an individual or grou

up. to scoim,

dis-

grace; the dissemination of in-

formation

anonymously,

or

under false identity; and ther

neitosaast of violeree ai

(Indicate page, name of

newspaper, city, and state.)

3

COURIER EXPRESS

Buffalo, New York

co Bureau

:

Date:

2/12/76

Edition: FOUr Star

Author:

Editor:

Title:

SENSTUDY

Character:

or

Classificatonin

62-2665 -e

Submitting Office: Buffalo

Being Investigated

RIALIZED FLEXED

ZtEB1194

B+ BUFFALO

L. NW. 54965

DoeId: 32989503

Page 159

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## Page 160

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

(Mount Clipping in Space Below)

Don't hamstring

us, Kelley pleads

WASHINGTON (AP) - Too much

He condemned the guidelines "as so

restrictive legislation

over the FBI's

broad as to give license to exactly the

domestic intelligence.

activities. may

same kinds of activity the FBI has

hamper its ability to, investigate ter:

carried

on. up

until

rorist groups in the future, FBI

cenefit of guidelines. now without the

Director

Clarence Kelley

said

"During the past months," he said,

yesterday.

"we have been shocked by the revela.

Kelley, in testimony to a House

tions surrounding Cointelpro opera-

judiciary subcommittee,

said he

tions against Martin Luther King, If

endorses FBI guidelines proposed by

the new guidelines are ever promul-

the Justice Department, but added

that restrictions shouldn't go too far.

ities could be

"I want to emphasize that these

reat even he sanction d !

(domestic intelligence) investigations

Cointelpro was a domestic intelli-

Jare not undertaken for the purpose of

gerice program operating.

from the

collecting, information on those: who.

1950s. and 1960s in which the FBI

hold unpopular or controversial politi:

disrupted and harrassed groups of

cal views,

" Kelley said. "Their focus,

right and left persuasions.

is on conduct, not ideas-conduct. that

But Rep. Don Edwards, b-Call.,

involves or is likely to

involye a

chairman of the civil and constitution-

violation of federal law."

al rights subcommittee,

said: "Atty

The proposed FBI guidelines pro-

Gen; Edward H. Levi is doing very

hibit the commission or instigation by:

well on the draft guidelines, and he

the FBI. of criminal

acts;

the dis:,

intends to hold more hearings-on new

semination ot. information.for the pur

tentative, guidelines as they are

poseior holding an individual or group

devieoped, i

up to scorn, ridicule, "or disgrace; the

dissemination of information anony:

mously or under false identity; and

Fat rosen of o pilar is to

the incitement of violence.

and urged Congress not to restrict the

Rep. Herman Badillo, •D-N.X., a

bureau's surveillance. powers. too

severely.

Levi said White House pressures

were responsible for many past inci

dents "in which the FBI was misused

for golitical purposes."

(Indicate page, name of

newspaper, city and state.)

13A

DEMOCRAT & CHRONICLE

ROCHESTER, NEW YORK

Date:

Edition:

Author:

Editor:

Title:

2/12/76

SUNRISE

SENSTUDY

Character:

or

Classification:

62-2668

Submitting Office: BUFFALO

Being Investigated

62-2665-30

SEARCHED.

-IHDEXE!

SERIALIZED...

3 FEBA •3 1976

FBI BUFFALO

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## Page 161

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

(Mount Clipping in Space Below)

Intelligence Probe's "Sideshow' Aspecis

Certainly President Ford was not be-

the material to make the committee look

ing serious in offering "all the services

bad.)

and resources of the executive branch"

Secondly, the President was surely.

(including, apparently, FBI and Internal

being facetious in making his proposal

Revenue Service agents) to help seal up

because he must know that few intelli-

the "leaks" of the Select House Intelli-

gent members of the intelligence com-

gence Committee's report, which has

mittee would agree to let the object of

not been made public due to "classified"

some of the committee's investigations

material therein.

come and do a probe of some of its own

• First. of all, the leaks haven't all

problems.

come from the House or its Intelligence,

The whole thing is beginning to look

Committtea, but from the executive

like a "Katzenjammer Kids", scenario.

branch itself-particularly from former

When the nation has such tremendous

Dirertor William E. Colby of the Central

economic problems as heavy unemploy.

Inteiligence Agency-despite the state-

ment to reporters by White House Press

ment, the unresolved questions of energy

policy, idle plant capacity, and so forth,

Secretary Ron Nessen that he was con-

we do not understand why our govern'

fident that the leak in question "did not

mental leaders in Washington, D.C., are

come out of the execulive branch." (It

still playing around with this sort of a

was Committee Chairman Otis G. Pike,

sideshow. Why don't they cut out the

D-N.Y., who prompted the President's

political games and devote their energies

offer, at least in part, by stating that the

to the hard - core

problems of the

administration itself might have leaked

country?

Ererustitar

(Indicale page, name of

newspaper, city and state.)

14

COURIER EXPRESS

Buffalo, New York

cc Bureạu

1 - 80-1877

Dates

2/16/76

Edition: Four Star

Author:

Editor:Douglas I..

Turner

Title:

SENSTUDY

Choracter:

Classification:,

62-2665-3/

Submitting Office: Buffalo

_ Being Investigated

SEARCHED...

SERIALIZED.

INDEXED

3 FEBA 7 1976

FBE BUFFALO

NW 54965 Docid:32989503 Page 16k

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## Page 162

Department off Justice

TESTIMONY

OF

THE HONORABLE EDWARD H. LEVI

ATTORNEY GENERAL OF THE UNITED STATES

BEFORE

THE SUBCOMMITTEE ON CIVIL AND

CONSTITUTIONAL RIGHTS

COMMITTEE ON THE JUDICIARY

HOUSE OF REPRESENTATIVES

9:30 A,M.

WEDNESDAY,

FEBRUARY 11, 1976

WASHINGTON, D. C.

ROBI

1. SAC

2. ASAG_

5. Des: 5.

6. Desk

7.LASH

ELMIRA

GENEVA

JAMEST OHN

OLEAN

ROCHESTER

622415-32

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ENLALIZED

Fi 151976

t BUFFAI

WW 54965 DocId: 32989503 Page 162

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## Page 163

I welcome the opportunity to talk again with this

Subcommittee. During the months since I last testified

here there has been much discussion about various incidents

which I described to you last February 27 involving the

Federal Bureau of Investigation.

The FBI's domestic security investigations have

received the most attention. And much of it has centered on

COINTELPRO, which was revealed to this Subcommittee before I

arrived at the Department of Justice and about which I

provided further details by letter on May 17, 1975, when they

came to my attention.

From the beginning, this Subcommittee has been interested

in the FBI's domestic security investigations. But it has

also been concerned with the whole range of FBI practices.

During my last appearance before this Subcommittee I promised

to start work preparing guidelines to govern FBI practices in

the future. The preparation of those guidelines has been slow

and difficult--much slower and more difficult than I had

realized. The problems are complex and important--as important

as any now facing the Department of Justice. I had hoped when

I first appeared before this Subcommittee that I would be

able to present to you at my next appearance a complete set

NW 54965

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of guidelines. This has proven impossible. But progress

has been made in drafting guidelines in several areas. You

have been provided with the most recent drafts of proposed

guidelines covering White House inquiries, investigations for

congressional staff and judicial staff appointments, the handling

of unsolicited mail, and domestic security investigations.

These draft guidelines cover many of the areas that have been

of greatest concern to this Subcommittee.

Because the statutory base for the operation of the

FBI is not satisfactory, I know the members of this Subcommittee

have been considering what changes it should enact. The

guidelines may be helpful in these deliberations.

Before

discussing briefly each of the draft guidelines you have seen,

I would like to make a few points

about the question of

statutory changes.

The basic statutory provision concerning the FBI is

28 U.S.C. 533 which provides that the Attorney General may

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

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

President; and (3) to conduct such investigations regarding

official matters under the control of the Department of Justice

and the Department of State as may be directed by the Attorney

General." In addition, 28 U.S.C. 531 declares that the Federal

Bureau of Investigation is in the Department of Justice. There

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- 3 -

are other statutes, such as the Congressional Assassination,

Kidnapping and Assault Act, which vest in the Bureau certain

special responsibilities to investigate particular criminal

violations.

There are also Executive Orders and Presidential

statements and directives placing investigatory responsibility

upon the Bureau.

In some areas--such as domestic security--the simple

statutory base I have just described is overlaid with a

series of executive orders (for example, Executive Order 10450

concerning the federal loyalty program) and directives dating

back decades. The simplicity of the statute vanishes when

placed in this setting. Moreover, the authorized work of the

Bureau in terms of crime detection must be seen in the context

of statutes passed by Congress such as the Smith Act, 18 U.S.C.

2385, the seditious conspiracy law, 18 U.S.C. 2384, and the

rebellion and insurrection statute, 18 U.S.C. 2383. I would

like to begin the discussion today by suggesting a few

considerations that should be taken into account in deciding

what statutory changes should be made to define more clearly

the areas of the Bureau's jurisdiction and the means and

methods which the Bureau is permitted to use in carrying out

its assigned tasks.

First, there is a temptation to resort to having the

courts make many difficult day-to-day decisions about investigations.

When a Fourth Amendment search or seizure is involved, of

NW 54965 DocId: 32989503 Page 165

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## Page 166

- 4 -

course,

recourse to a court for a judicial warrant is in most

circumstances required. But the temptation is to extend the use

of warrants into areas where warrants are not constitutionally

required.

For example, as you know it has been suggested

that the FBI ought to obtain a warrant before using an informant.

Extending the warrant requirement in this way would be a major

step toward an alteration in the basic nature of the criminal

justice system in America. It would be a step toward the

inquisitorial system in which judges, and not members of the

executive, actually control the investigation of crimes. This

is the system used in some European countries and elsewhere,

but our system of justice keeps the investigation and

prosecution of crime separate from the adjudication of criminal

charges. The separation is important to the neutrality of the

judiciary, a neutrality which our system takes pains to protect.

There is another, related consideration. To require

judges to decide whether particular informants may be used in

particular cases would bring the judiciary into the most

important and least definable part of the investigative process.

Even disregarding the problem of delay to investigations and

the burden that would be placed upon courts, we must ask our-

selves whether the control of human sources of information--

which involves subtle, day-to-day judgments about credibility

and personality--is something judges ought to be asked to

undertake. It would place an enormous responsibility upon courts

which either would be handled perfunctorily or, if handled with

care, would place a tremendous burden of work on federal judges.

WW 54965 DocId: 32909503 Page 166

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In drafting statutory changes, it must be remembered

that rigid directions governing every step in the investigative

process could sacrifice the flexibility that is necessary if

an investigative agency is to adapt to the diverse factual

situations it must face.

Rigid statutory provisions would

invite litigation at every step in the investigative process.

Such litigation could very well be used by clever individuals

to frustrate legitimate law enforcement efforts without

achieving the measure of control for which the statutes were

enacted. As Lord Devlin has said, "As soon as anything has

been codified, there is a lawyer-like--but sometimes unfortunate--

tendency to treat the written word as if it were the last

word on the subject and to deal with each case according to

whether it falls on one side or the other of what may be a

finely drawn boundary."

These considerations do not in any way mean that Congress

ought not act to clarify the FBI's statutory base. I want

to emphasize my belief that Congress should do so. The

problems I have mentioned are surmountable. The Department of

Justice is ready to work with Congress in drafting statutes

that will meet the issues that have been raised about the

responsibilities of the FBI.

The proposed guidelines are part of our effort to

cooperate with Congress in meeting its legislative responsibility.

Some of what has been proposed in the guidelines may be useful

NW 54965

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- 6 -

in drafting statutes. Other parts of the guidelines may

best be left to regulations or Executive Orders. As I said

in my earlier testimony before this Subcommittee, consultation

with you and with other Congressional committees is an

important part of the process by which these guidelines can

be perfected. There will not be complete agreement about what

has been proposed--indeed, within the Department of Justice

there is some disagreement about some provisions--but this is

inevitable and is a necessary part of the road we must travel.

We welcome discussion, which is also essential. Let me then

briefly describe the four proposed guidelines that have been

substantially completed and have been provided to you. Others--

which will cover criminal investigations, use of informants,

counter-intelligence investigations and other areas--are

currently being drafted by a committee within the Department

chaired by Mary Lawton, Deputy Assistant Attorney General in

the Office of Legal Counsel, and composed of representatives

of the Civil Rights and Criminal Divisions, the Office of

Policy and Planning, the Federal Bureau of Investigation, and

the Attorney General's Office. As new guidelines are drafted

in these areas they, too, will be made available to you:

When I testified before this Subcommittee last

February I described a number of incidents which occurred

in a period dating back more than a decade in which the

FBI was misused for political purposes. I

noted that in

most cases we discovered where the White House was

• involved

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## Page 169

-7-

the initiation of an improper request was made by a White

House staff member--acting in the President's name--to a

counterpart in the FBI. These requests were often made

orally.

White House staff members in a number of different

positions were involved.

As you know, the FBI conducts background investigations

of persons being considered for appointment by the President

either to positions in government departments or agencies of

to the White House staff. The FBI also checks it files and

sometimes conducts further investigations of persons who will

be in contact with the President or who will be given access

to classified information. The guideline concerning White

House inquiries sets up a procedure--which is already

substantially being followed--which requires that requests

for all such investigations be made in writing by the President

or the Counsel or Associate Counsel to the President. Under

the proposed guidelines the request for an investigation would

have to certify that the person to be investigated has

consented to the investigation with the knowledge that information

gathered in the investigation would be retained by the FBI.

The consent provision is important as a mechanism for preventing

investigations in fact sought for political or other purposes

from being initiated in the use of background investigations.

It is also important as a protection of the privacy interests

of persons to be investigated.

There are provisions requiring

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- 8-

that access to information provided to the White House be

strictly limited to those directly involved in the matter

for which the investigation was initiated. Custodians of

the files in the White House would be required to keep a

list of all persons who were given access. The proposed

guidelines concerning congressional staff and judicial staff

appointments take the same basic approach as the guidelines

concerning White House inquiries.

In addition the White House has been following the

practice, which perhaps should be embodied in the guidelines,

of directing through the

: Attorney General's Office all requests

for investigation or for material from Bureau files except

routine background checks. This was not the policy in the

past.

It reflects the Attorney General's role, which I

described to you last year,

as a lightning rod to deflect

improper requests.

The proposed guidelines on the White House inquiries

and on other matters accept the proposition that FBI files

should be destroyed after a reasonable period of time. The

deadlines for destruction of files have not yet been specified,

however, because for administrative reasons these deadlines

must be coordinated throughout the FBI file system.

The last time I appeared before this Subcommittee many

members were concerned about the handling of unsolicited

derogatory information received by the FBI. Unsolicited

NW 54965

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- 9 -

information can be very valuable in law enforcement, as you

know, but the concern has been that allegations about the

private lives and habits of individuals have found their way

into FBI files where they may remain for great lengths of

time as a silent but troublesome invasion of individual

privacy. In my testimony of last February 27, I suggested

that on balance it would be desirable to devise some procedure

under which some information in Bureau files would be destroyed.

The guidelines concerning unsolicited information set up a

procedure for the early destruction of such information when

it does not relate to matters within the jurisdiction of the

federal government or does not make an allegation of a serious

crime within the jurisdiction of state or local police agencies.

The draft guidelines provide for destruction of such unsolicited

information within 90 days. The period after which other files

would be required to be destroyed may vary. Information collected

in background investigations might be retained long enough

to avoid the need to repeat investigative steps as an individual

moves from job to job within government or out of government

and later back in.

On the other hand, destruction of files

developed in preliminary domestic security investigations may

be required quite quickly if information indicating criminal

conduct is not developed.

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Finally I come to the proposed guidelines concerning

the controversial area of domestic security investigations.

I have already testified about these guidelines before the

Senate Select Committee on Intelligence. Since that testimony,

several changes have been made in the draft. You have been

provided with the latest draft of these guidelines. There

are several important features I would like to describe.

First, the proposed domestic security guidelines

proceed from the proposition that government monitoring of

individuals or groups because they hold unpopular or controversial

political views is intolerable in our society. This is the

meaning of the warning issued by former Attorney General

• Harlan Fiske Stone, as I read it. Stone said, "There is always

the possibility that a secret police may become a menace to

free government and free institutions, because it carries with

it the possibility of abuses of power which are not always

quickly apprehended or understood. ..It is important that

its activities be strictly limited to the performance of those

functions for whichit was created and that its agents themselves

be not above the law or beyond its reach. ..The Bureau of

Investigation is not concerned with political or other opinions

of individuals. It is concerned only with their conduct and

then only with such conduct as is forbidden by the laws of

the United States. When a police system passes beyond these

limits, it is dangerous to the proper administration of justice

and to human liberty, which it should be our first concern to

cherish."

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The proposed guidelines tie domestic security

investigations closely to the violation of federal law.

I realize there is an argument as to whether the guidelines

tie domestic security investigations closely enough or too

closely to the detection of criminal misconduct. But the

main thing in my opinion is that the purpose of the investigation

must be the detection of unlawful conduct and not merely the

monitoring of disfavored or troublesome activities and surely

not of unpopular views. This is accomplished in the guidelines

by requiring some showing that the activities under investigation

involve or will involve the use of force or violence and the

violation of federal law. I must admit there is a problem--

in part a drafting problem but perhaps more than that--of how

to describe or set forth a standard which further specifies what

is meant by "some showing."

Because investigations into criminal conduct in the

domestic security area may raise significant First Amendment

issues, the proposed guidelines provide for compendious reporting

on such investigations to the Department of Justice. In general

the guidelines provide for a much greater involvement by the

rest of the Department of Justice and the Attorney General in

reviewing FBI domestic security investigations. The emphasis

upon departmental and congressional review is important, but

it must be recognized that the Bureau must have primary

responsibility for controlling itself. The guidelines attempt

to strike an appropriate balance. Periodic reports by the

Bureau of preliminary investigations would be required. All

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full investigations would have to be reported to the Attorney

General or his designee within one week of their opening. The

Attorney General or his designee could close any investigation.

FBI Headquarters would be required to review the results of

full investigations periodically and to close any when it

appears

that the standard for opening a full investigation is

not satisfied and all logical leads have been exhausted or are

not likely to be productive. Each open case would be reviewed

annually in the Department of Justice and would be closed if

no longer justified under the standards. The personal approval

of the Attorney General would be required when such sensitive

techniques

as Title III electronic surveillance or preventive

action are to be used, and the Attorney General would be

required to report to Congress periodically on the instances,

if any, in which preventive action was taken.

Preliminary investigations--which would not involve

the infiltration of informants into organizations or groups

or such techniques as electronic surveillance or mail covers--

would be authorized only on the basis of information or

allegations that an individual, or individuals acting in

concert, may be engaged in activities which involve of will

involve the use of force or violence and the violation of federal

law for one of five designated purposes. Those criminal

purposes are:

(1) overthrowing the government of

the United States or the government

of a State;

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(2) interfering, in the United States,

with the activities of a foreign

government or its authorized represen-

tatives;

(3) impairing for the purpose of

influencing U.S. government policies

or decisions:

(a) the functioning of the

government of the United States;

(b) the functioning of the

government of a State; or

(c) interstate commerce.

(4) depriving persons of their civil

rights under the Constitution, laws,

or treaties of the United States; or

(5) engaging in domestic violence or

rioting when such violence or rioting

is likely to require the use of the

federal militia or other armed forces.

Preliminary

investigations would be limited to inquiries of

public record and other public sources; FBI files and indices;

federal, state and local records; and existing informants

and sources. Interviews and physical surveillance undertaken

for the limited purpose of identifying the subject of the

investigation would be allowed, but interviews or surveillance

for any other purpose would require the written authorization

of the Special Agent in Charge of the appropriate Bureau field

office::

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The draft guidelines provide that such intrusive

investigative techniques

as infiltration of informants into

organizations and use of electronic surveillance and mail

covers may only be initiated as a part of full investigations.

The guidelines set out the following standard for the opening

of a full investigation:

"Full investigations must be

authorized by the FBI Headquarters.

They may only be authorized on the

basis of specific and articulable

facts giving reason to believe that

an individual or individuals acting

in concert are or may be engaged in

activities which involve or will

involve the use of force or violence

and the violation of federal law for

one or more" of the five purposes

I

mentioned earlier.

A provision is also included to allow the FBI to

investigate for limited periods of time in situations in which

domestic violence or rioting not violating federal law is

likely to result in a request by a governor or legislature of

a state under 10 U.S.C. 331 for the use of federal troops.

You will recognize that the standard for opening a

full investigation proposed in the guidelines is the equivalent

of the standard for a street stop and frisk enunciated by

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the Supreme Court in Terry v. Ohio. There the Supreme Court

wrote that in justifying a street search a police officer "must

be able to point to specific and articulable facts which,

when taken together with rational inferences from those facts,

reasonably warrant the intrusion." In his summation of the

holding of the Court, Chief Justice Warren wrote:

We.. hold today that where a police

officer observes unusual conduct which leads

him reasonably to conclude in light of his

experience that criminal activity may be

afoot and that persons with whom he is

dealing may be armed and presently dangerous,

where in the course of investigating this

behavior he identifies himself as a police-

man and makes reasonable inquiries, and

where nothing in the initial stages of the

encounter serves to dispel his reasonable

fear for his own or others' safety, he is

entitled for the protection of himself

and others in the area to conduct a

carefully limited search of the outer

clothing of such persons in an attempt to

discover weapons which might be used to

assault him. (emphasis added) (392 U.S. 1, 30)

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This standard was adopted because it requires a

strong showing of criminal conduct before a full investigation

is authorized. I should point out that a change was made

in this part of the guidelines since my testimony before

the Senate Select Committee. Originally the standard had

required a showing of specific and articulable facts giving

reason to believe that the subjects of the investigation are

engaged in activities that involve or will involve force and

violence and the violation of federal law. The change to the

phrase "are or may be" brings the formulation of the

standard more closely in line with the Terry standard. The

previous language of the guidelines proved to be too close

to the arrest standard--that is, too restrictive as a

standard for the opening of an investigation. The close

correspondence of the revised draft's standard with the Terry

language gives the guidelines' formulation a foundation in the

Supreme Court's analysis of an analagous constitutional problem

which, while it involves a different area of law enforcement,

does provide a definition for the standard which is to control

Bureau activities.

The proposed guidelines go on to require an additional

consideration before a full investigation is opened. The

guidelines state:

[Tihe following factors must be

considered in determining whether a

full investigation should be undertaken:

(1) the magnitude of the threatened

harm;

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(2) the likelihood it will occur;

(3) the immediacy of the threat;

and

(4) the danger to privacy and free

expression posed by a full investi-

gation.

This listing of factors, which has been added in the latest

draft, gives the standard a dimension and explicitness it

did not have in earlier drafts. For example, the balancing

of the factors would require officials of the FBI and the

Department of Justice to close any full investigation even

if there is clear threat of a violation of federal law if

the threatened harm is de minimus or unlikely or remote in

time.

Finally, the draft guidelines provide a procedure to

be followed in emergency situations when action by the FBI to

intervene to prevent the use of illegal force and violence

may be required. This section of the proposed guidelines

has proven to be controversial, in part for fear that it

seeks to allow the FBI to engage in activities of the sort

that were involved in COINTELPRO. As I have said many times

before, the activities that went under the name COINTELPRO

were either foolish or outrageous, and the preventive action

section of the guidelines was not intended to legitimize

such activities, nor would it do so. It was included in the

draft guidelines in the recognition that emergency situations

may arise in which human life or the essential functioning

NW 54965 DocId:32989503 Page 179

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- 18 -

of government may be threatened, In such situations law

enforcement officials would be expected to act to save life

or protect the functioning of government. Indeed, law

enforcement officials would be condemned if they did not act.

The preventive action section of the guidelines was designed

to provide a procedure for the Attorney General to authorize

and report to Congress such activities. It was designed to

set up an orderly and careful procedure to be followed in

the case of emergency. It could be supplemented by further

rules developed by the Attorney General. Under the proposed

guidelines the Attorney General could authorize a preventive

action only when there is probable cause to believe that

illegal force or violence will be used and that it threatens

life or the essential functioning of government. The Attorney

General could authorize preventive action only when it is

necessary to minimize the danger, that is, when other techniques

will not work. In the latest draft of the guidelines several

specific prohibitions were included. to make clear that new

COINTELPRO are not to be sanctioned. Prohibited are the

commission or instigation by the FBI of criminal acts; the

dissemination of information for the purpose of holding an

individual or group up to scorn, ridicule, or disgrace; the

dissemination of information anonymously or under false

identity; and the incitement of violence.

It may be that Congress will choose to prohibit any

FBI efforts to intervene to prevent force or violence. But

to do so carries with it a risk and a responsibility.

NW 54965 DooId: 32909503 Page 180

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- 19 -

The proposed guidelines are still in the process of

revision. They are tentative. As the guidelines have

been developed they have been shown to the Chairman of this

Subcommittee.

We must enunciate the differences among us

about the best words to use and then seek to resolve those

differences.

But the main thrust of the guidelines is surely

the most important thing, their recognition of the need for a

program for destruction of files in the interest of privacy,

their requirement of consent from the subject of background

investigations, their requirement of progressively higher

standards and higher levels of review for more intrusive

investigative techniques, their requirement that domestic

security investigations be tied closely with the detection

of crime, and their safeguards against investigations of

activities that are merely troublesome or unpopular. Upon

these main themes I hope we all agree.

The Department of Justice has undertaken other steps

to meet some of the issues of concern to this Subcommittee.

We have created an Office of Professional Responsibility to

investigate allegations of improper conduct by Department

personnel and to review the investigations done by internal

inspection units of agencies within the Department. We have

been trying to work out a legislative proposal to bring

national security wiretapping and microphone surveillance

under a judicial warrant procedure. On June 24, 1975, I

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- 20 -

provided the Chairman of the House Judiciary Committee with

statistics concerning the use of national security electronic

surveillance instituted without prior judicial approval.

Before the Church Committee I recounted the history of

national security electronic surveillance since 1940, revealing

a year-by-year count of the number of telephone and microphone

surveillances. The latest figures in this area show that in

1975 a total of 122 telephone wiretaps and 24 microphone

devices were used to overhear conversations.

We have tried to be cooperative with this and other

committees of Congress about other aspects of the past history

of the FBI and other agencies within the Department. We have

tried to reveal as much as possible about the past out of a

sense of comity and a feeling that the past problems must be

discussed in the process of creating new policy. But we have

tried also to recognize that the past is not always the best

guide to the future. As we review recent history we may be so

overwhelmed by it--and by our failure of memory about the social

and political forces that shaped recent history--that we will

read. its lessons more broadly than we ought to. If there was

a lack of humility in the past about the perfection of our

vision of what was proper, I hope we cannot fail to recognize

the flaws in our vision about the past and the future today.

WW 54965 DocId: 32989503 Page 182

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- 21 -

It is a challenging and interesting time, and I hope

together we can prepare ourselves wisely for the future. We

cannot escape from the responsibility of looking at the problems

we face today and are likely to face in the future.

When I testified almost one year ago I stated to this

committee--and I want to emphasize most strongly again today--

that I have both a personal and official concern for the issues

which face us in this area. Those issues are close to the basic

duties of the Attorney General to protect the society--its

values,

and the safety of its members. I am sure that

Director Kelley will agree with me that we must clarify for

the present and for the future the kind of course to be

followed, meticulously and candidly. I believe we have already

made considerable progress in this regard. Together with

Congress legislation can be worked out and wise policy achieved.

DOJ-1976-02

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OFFICE OF THE DIRECTOR

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D.C. 20535

1

2

3

STATEMENT OF

CLARENCE M. KELLEY

DIRECTOR

FEDERAL BUREAU OF INVESTIGATION

O pen

16

12.

BEFORE THE

CIVIL RIGHTS AND CONSTITUTIONAL RIGHTS

SUBCOMMITTEE OF THE

COMMITTEE ON THE JUDICIARY

U. S. HOUSE OF REPRESENTATIVES

WASHINGTON, D. C.

FEBRUARY 11, 1976

1. SAC.

2. ASAG_

3. Sec.

A. Dest 4.

Super. gu

5. Lost

6. Desk 6_

BENTEA

JANIES: OMN

CLEAN

ROCHESTER

DAVISON

NW 54965 DooId: 32989503

Page 184

62-1465533

STARCHED

J.000

SERIALIZED

1.0.

11: 1979

I - COPIAL

SACCHAST

1.

---

## Page 185

As the Supreme Court has observed:

...unless

Government safeguards its own capacity to function and to

preserve the security of its people, society itself could

become so disordered that all rights and liberties would

be endangered."

As a practical matter, the line between domestic

security work and investigations of ordinary crime is often

difficult to describe. What begins as an intelligence

investigation may well end in arrest and prosecution of

the subject.

I want to emphasize that these investigations are

not undertaken for the purpose of collecting information on

those who hold unpopular or controversial political views.

Their focus is on conduct, not ideas -- conduct that involves

of is likely to involve a violation of Federal law.

But the important distinguishing characteristic of

a successful domestic security case is prevention - they are

undertaken primarily to thwart illegal activities, not to

prosecute. As a consequence, intelligence work involves the

gathering of information, not necessarily evidence.

The purpose

is to insure that the government has enough information at its

disposal to either frustrate or minimize the consequences of

- 2 -

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## Page 186

I wish to thank the Committee for the opportunity

to contribute my views for your consideration on legislative

policies and guidelines for the FBI.

My understanding is that your primary concern at

this time is the FBI's investigative responsibilities in the

domestic security area.

We must consider

first that these investigations

deal with activities posing a threat to orderly and legally

constituted government - interests which the government has

a special obligation to protect.

NW 54965

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the intended harm. As the Supreme Court put it, "the emphasis

of domestic intelligence gathering is on the prevention of

unlawful activity or the enhancement of the Government's

preparedness for some possible future crisis or emergency."

If we are to accomplish these objectives, the FBI

must initiate the investigation in advance of the crime. The

ability of government to prevent criminal acts threatening

domestic security is dependent on our anticipation of their

occurrence.

Anticipation, in turn, is dependent on advance

information - that is intelligence.

Moreover, the interests

involved are too important for the government to wait until

the crime is imminent or an attempt is made before it begins

its

investigative activity.

Let's consider, for the moment, the problem of

terrorism.

Terrorist acts are increasing globally; but more

to the point, terrorist activity is growing in the United

States.

There were 89 bombings attributable to terrorist

activity in 1975 - an average of seven a month. That was

almost double the number in 1974 (45) and more than three

times the number in 1973 (24).

- 3-

NW 54965 DocId: 32989503 Page 187

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Eleven people were killed in terrorist acts in •

1975 -- six of them in bombings. Seventy-six persons were

injured in these bombings. Property damage amounted to more

than $2.7 million.

Who is responsible for these brutal and destructive

acts?

--The New World Liberation Front, a revolutionary

group operating primarily in California, boasted of committing

19 bombings. A public utility company was its primary victim.

--The Armed Forces of Puerto Rican Liberation, or

FALN, claimed 18 bombings and one unsuccessful attempt. The

group's favorite targets were government and corporate

facilities -- especially banks -- in New York City, Chicago,

änd Washington, D. C.

The FALN took credit for the bloodiest terrorist

bombing last year, the explosion that killed four people and

injured 53 others on January 24, 1975, at Fraunces Tavern in

New York City. Fraunces Tavern was where George Washington

said farewell to his troops in 1783, and it is the former

home of the New York Stock Exchange.

The FALN's destructive capabilities were amply

demonstrated on October 27, 1975, by its claimed responsibility

for its coordinated, simultaneous attacks on government and

- 4 -

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• business buildings in New York, Chicago and Washington, D. C.

The explosions marked the observance of the first anniversary

of the FALN's existence.

--Other destructive bombings were claimed by the

Continental Revolutionary Army, Red Guerrilla Family, George

Jackson Brigade, Emiliano Zapata Unit and the Chicano Liberation

Front.

The Weather Underground claimed three bombings and

one attempt in 1975. One of the blasts was at the State .

Department in Washington; an attempt fizzled at a Department

of Defense facility in Oakland, California.

Four recently published issues of the Weather

Underground's newsletter, "Osawatomie," contained this threat

regarding our Nation's Bicentennial, July 4, 1976: "The rulers

have set the time for the party; let us bring the fireworks."

It should be obvious from this appalling list of violence

that we are not as successful as we would hope to be in dealing

with such matters.

But there have been numerous cases where

information gathered in domestic security investigations made it

possible to thwart or minimize violence or to make prompt arrests,

preventing further incidents of violence.

Let me give you a

graphic example.

- 5 -

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In August of 1974, a bomb was discovered at the

United Nations.

Two days after the occurrence, the Louisville

FBI Office received information that an attempt had been made

to recruit a resident of Kentucky to participate in a crime to

be committed at the United Nations.

Information gathered during a prior domestic security

investigation made possible the identification of the individual

making the attempted recruitment. As a result of continued

investigation, this same individual was convicted and sentenced

to serve 25 years.

In addition to terrorist groups, we are also faced with

individuals or organizations who are dedicated to the eventual

violent overthrow of this government. I know there are those

who feel that the government ought not to concern itself or

expend its investigative resources on the prevention of what

might be a remote or highly unlikely occurrence. Reasonable

people can differ on the proper governmental response to these

situations.

Suppose an organization openly espouses revolutionary

doctrine, that is to say, the use of force and violence to

overthrow the government. But it is clear that they will not

take immediate action, or if they did, that they would not be

successful. In the meantime, they actively recruit new members,

- 6 -

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## Page 191

and attempt to strengthen their financial resources -- and

wait for the proper moment. I recognize that advocacy alone is

not a violation of Federal law, nor am I suggesting that we make

it one. I am aware also of the special constitutional problems

that are presented by these cases. As Justice Powell put it,

the investigative duty of the executive may be stronger in such

matters, but "so also is there greater jeopardy to constitutionally

protected speech. "

It has always been my philosophy as a law enforcement

officer that the government should strive at all times to meet

its obligations for the maintenance of security with the least

possible intrusion on the affairs of its citizens.

But what would you have us do about the presence of

revolutionary organizations in our society? Should they be

totally ignored on the premise that somehow government will

receive an adequate warning that violence is imminent and will be

able to take the necessary measures to prevent the crime or

at least to minimize its consequences. Where is the warning

to come from, if not even the most preliminary and minimal

kind of inquiry is permitted?

As the head of the principal Federal law enforcement

agency in the country, I feel that I would be remiss in my

duties if I were to ignore any group that advocates violence to

- 7-

:

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accomplish its objectives. Indeed, the Congress has passed a

number of Federal statutes over which the Bureau has investigative

responsibilities, all of which are designed to secure the internal

security of this Nation.

It may well be that the government's investigative

response in such matters should be carefully measured and need

not be as exhaustive or intrusive as our investigations into

completed crimes, particularly those of terrorist groups. But

I submit it would be unrealistic to prevent the government from

obtaining information needed by the executive for sound judgments

about the nature and extent of the threat posed at any given time

by such organizations.

However secure we

may feel today about the strength

and durability of this Nation -- and we have every reason to

feel that way - no one among us can claim any special knowledge

about what tomorrow will bring. Legislation adopted in today's

climate which severely limits the ability of government to

respond effectively to such matters may well prove too

restrictive to meet the needs of the future.

I recognize that Congressional concern in the area

of domestic security investigations has been prompted by past

mistakes or errors in judgment. My own view is that there is

=8-

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no institutional mechanism that can guarantee integrity in

government. In the final analysis, we must place our trust

in individuals. But I realize that more must be done -- it

is not enough to rely on self-restraint.

We have made a commitment to review past FBI

procedures and practices. Investigations in the domestic

security area have been reduced

significantly since July 1973.

As you are aware, the FBI is participating with other

representatives of the Department of Justice in the drafting of

guidelines to govern various areas of FBI operations including

domestic security investigations. These guidelines represent

a positive response to the need for a delineation of the FBI's

proper role and will provide for control and review of the

FBI's performance.

Those portions of the guidelines dealing with the

jurisdictional basis of domestic security investigations are

an appropriate subject for legislation. Other sections might

be put into effect by regulation or Executive Order. Views

may differ on the precise form or content of the guidelines.

Whatever the outcome, they represent a conscientious effort

to deal with one of the most difficult and complex areas of

our investigative responsibilities.

- 9 -

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The resolution of these matters will demand extensive

and thoughtful deliberation by the Congress. In that regard, I

pledge the complete cooperation of the Bureau and assure you

that we will carry out both the letter and spirit of such

legislation as the Congress may enact.

NW 54965 DocId: 32989503

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- 10 -

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## Page 195

FD-350 (Rov. 11-11-75)

(Mount Clipping in Space Below)

— No Case for Special Prosecutor

Sen. Frank Church is most uncon-

vincing with his hasty proposal that yet

another investigation and possible prose-

cution of alleged wrongdoing by CIA and

FBI personnel in the past shouid be han-

died by & special prosecutor and not by

the Justice Department.

This seems a wholly unnecessary dc-

parture

from normal procedure. Sen.

PEA

ion of a special prosecutor as an "a

Church chairs the select Senate commit-

tack on the integrity" of the department

tee that is

winding up & months-long

since it assumes that the "ordinary law"

probe of FBI, Cis and other intelli-

eniorcemen

mechanism cannot

gence activities. Such investigating com:

be

rusted."

mittees customarily turn over any evi-

dence of suspected illegal actions to the

With Sen. Church, we believe that

anyone responsible for illegal acts on

Justice Depariment for appropriate fol-

which the statute of limitations has not

low-Up.

expired should be prosecuted. But this

But Sen. Church says this wculd be

hould be done through regular proce

unwise here, since the FBI, as one of

lures, with those responsible for man

the targets of his probe, is a bureau

ding the matter held strictly account-

within the Justice Department. That is

able to Congress and the American peo

true enough, but it does not mean that

ple. To remove that job from the Jus-

tee Justice Department is incapable of

lice Department would be to undermine

performing its normal law enforcement

confidence

in it

without compelling

junctions with skill and devotion tore reason.

1. SAC C

2. ASAC O7

?. Cor. Supvr.

7.LASH 11

NW 54965 DocId:32989503 Page 195

ndicate page, name o

ewspaper, city and state

12

BUFFALO EVENING NEWS

Buffalo, New York

cc Bureau

1 - 80-1876

Date:

2/9/76

Edition:

Metro

Author:

Editor: M. C. Browne

Tille: SENSTUDY 75

Character:

Classification: 62-2665 m

Submitting Office:

Burrald

7 Being Investigated

Pandalied 2

43FÉB : 01976.

FIL - CUFFALO

SAC(LAST)

---

## Page 196

PD-35C /Rev. 7-16-63!

(Mount Clipping in Space Below)

Ford's Bad-Faith Spy Agency Ploy

Poor cord.

President Ford's move to revamp

sight that has been at best querite and

the U'.S. foreign intelligence system pro-

only lately reawakened?

jesses to lay out objectives which in

While ie could agree that there-

themselves are sound: To restore con-

should be one single, joint congressional

oversight committee-and we trust it

(indicale pege, nome ol

newspaper, city and stuie.)

fidence in and rebuild the responsibility

will be shaped with firmness and a high

and effectiveness of the nation's intel-

sense of responsibility-we see no im-

ligence operations overseas while at the

provement at all in Ford's designation

12

same time to guard against abuses

of ancther so-called independent ever-

abroad and a repeat of those that have

sight hoard (responsible anly to hira)

occured againsi our citizens at home.

made up of persons with longtime. sym-

But if the objectives sound solid, the

pathetic-and therefore based-attach-

COURIER EXPRESS

Buffalo, New Lork

ments to the CIA establishment.

melods by which Ford is moving-and

the potentist results- are frightening.

While we do find some value in some

of the presidential edicts about illegal

For instance, the powers that he pro-

purglanes, drug tests and mirezappig

poses to give (by executive fiat) to net

at home, these are vastly ontweighed

o0 Bureau

Cit Duestor George Bush (a former

by the extensions of dictator-like powers

Recutican national party chairman) to

to open mail and generally to deepen the

control the budgets of ali other foreign

dank recesses of governmental secrecy.

intelligence agencies in the government,

As we've said many times, the na-

inciting those of the Cabinet-rank mili-

tion needs an effeclive, responsible in-

tary departments, are simply too vast

and too potentially destructive of the

teligence-gathering apparatus. But it

pursestring rights of Congress. In one

has to be accountable, in the final analy-

sis, to Congress and the people. It was

1 - 80-1877

sense. Ford is breaking faith with his

the lack of meaningful

congressional

old promises of co-operating with Con-

oversight which permitted the abuses of

gress.

the past-land which even resulted in

The CIA, of course, was chartered

some of the blunders of the congres-

by act of Congress in 1947. The road

sional investigative committees them-

that Ford now proposes to take invites

selves). The problem was-and still is

further abuses of the governmental sys-

—the behavior of these agencies cutside

team instead of prevention of abuse.

the statutes of law; Congress ought to be

How can Congress possibly go along

Date:

2/20/76

Edition: Four Star

Author:

Editor: Douglas I. Turner

TItle:

SENSTUDY

insisting on solutions that are under

with the major parts of a scheme that

really is a design for added secrecy,

specific laws, on stronger congressional

review. And it ought to be standing up

for expanded executive power and the

against any further usurpation of its

further erosion of a congressional over-

checks-and-balances responsibility.

Character:

Classification:

62-2665-

Submitting Office: Buffalo

Being Investigated

(SEARCHED

-INDEXED

SERIALIZED

#3 FEB 2)0 1976

FBI BUFFALO

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OFFICE OF THE DIRECTOR

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D.C. 20535

STATEMENT OF

CLARENCE M. KELLEY

DIRECIOR

FEDERAI, BUREAU O! INVESTIGATION

BEFORE THE

COMMITTEE ON GOVERNMENT OPERATIONS

U, S. SENATE

WASHINGTON, D. C.

JANUARY 26, 1.976

62-2665-360

SUD

SaliLiza

F2Y8 3 1975

SAC(LAST)

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I want to thank you for giving me the

opportunity to appear before this Committee concerning

a most important issue -- that of oversight.

For some months now, the FBI has undergone a most

exhaustive review of its intelligence operations, as have

other members of the intelligence community. This review

has covered both domestic and foreign intelligence

operations of the FBI.

And I am hopeful that the results of these

extensive reviews will be helpful to the Congress as it considers

practical recommendations for legislative oversight.

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The FBI has in the past recognized and, indeed,

requested a clear delineation of its intelligence responsi-

bilities and authority to conduct investigations in this

extremely sensitive area.

We realize that Congress faces a difficult task

if it decides to draft oversight legislation that will be

of lasting benefit to the American people. Many issues are

involved, and most of them are not easily resolved.

The primary responsibility for correctness

of FBI activities rests in its Director - a responsibility

I readily assume.

I would like to offer for your consideration sone

of the basic questions I believe must be answerea:

(1)

Should Congressional responsibilities

for oversight of the FBI be consolidated?

(2)

Should Congress become actively involved

in the decision-making process of the

administration of the FBI?

(3)

What is the proper degree - and mode -

of Congressional access to FBI information?

(4)

What clearance procedures and controls should

be established for staff members of a

Congressional oversight committee?

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As I have previously testified before a

Congressional .Committee and mentioned here today, the

decisions in the FBI are mine and I assume full

responsibility for them. I think the point merits

reiteration.. Some of the mistakes in the past were

occasioned by direct orders fron higher authorities outside

the FBI.

We have welcomed Attorney General 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 contest of the request, I believed presented

the appearance of impropriety.

I can assure you, also, that in my administration

of the FBI I bring to the attention of the Attorney Genera?

and the Deputy Attorney General major policy questions,

including those that arise in my continuing revier of

our operations and practices.

These are discussed openly and

candidly so that the Attorney General can dischorge his

responsibilities with regard to the FBI. •

There is no question in my mind that the basic

structure of the FBI is sound; but it would be a mistake to

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think that integrity can be assured only through institutional

means.

Integrity is a human quality. And the integrity

of the FBI therefore is dependent upon the character of the

Director of the FBI. and every member of the FBI under him.

It will always be so.

I am sure you are aware the Attorney General

created a committee of Department and FBI representatives

to draft guidelines governing FBI investigations. These

quidelines

have been discussed with various comnittees of

Congress

and although not finalized at this time, they

could prove beneficial in the administration of the FBI.

I would like to comment briefly on the matter

of determining the degree and method of access to FBI files

granted to a conmittee having oversight responsibility.

I believe such determination must carefully

consider the questions raised as to the protection of the

integrity of such matter aside from privacy considerations.

Much of the information received by the Bureau is furnished

voluntarily, not only by individuals but by cooperative

fereign governments. They do so in return for an express of

implied promise of confidentiality. The FBI regards such

promises

as binding.

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The establishment of unlimited access could

seriously jeopardize the flow of volunteered information

which is the lifeblood of our investigative organization.

As the number of persons having access to highly

sensitive materials is increased, the chance of an intentional

or inadvertent disclosure also increases.

A perfectly well-intentioned person who legitimately

comes into possession of sensitive information may well

forget, at a later time and in another position, the

circumstances under which he acquired the information.

Law enforcement in this Nation is largely dependent

upon citizen cooperation. Should citizens no longer have

any assurance their identities will be protected, the very

foundation of cooperation upon which the Bureau is so reliant

will be shaken.

Our legitimate concern in this area is borne out

by the fact coucts continue to recognize the special legal

status accorded informants in the law enforcement community,

in that their true identities are protected.

Should the identities of informants be jeopardized

by the unnecessary proliferation of information, there will

be a severe impact on the ability of the FBI to discharge

its mandated responsibilities.

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We are also concerned about the countless

public-spirited citizens who come forward voluntarily with

information essential for the FBI to function effectively.

Other extremely valuable sources of such information

are cooperative agencies in this country and abroad. Should

the FBI be required to relinguish, over our objections,

information of this nature, it is quite likely we would be

denied such information in the future.

The Select Committees have received unprecedented

access to information from the FBI, within agreed limits; bụt

we must ask whether the same degree of access should be

allowed, or is essential to, an ongoing oversight committee.

The Select Committees came into being in the Watergate

atmosphere.

Issues were raised that needed to be resolved.

Most of them have been resolved with regard to the FBI.

I must point out that our diligent cooperation in

the endeavors of the Committees stems, in part, from our

own commitment to review the actions of the FBI in the past

in order to better judge the proper role of the FBI in the

Future.

An excellent example of this commitment is the

fact we have reduced the number of our domestic intelligence

investigations by 64 percent since July, 1973.

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As of July 31, 1973, we were handling 21,414

such investigations. By October 30, 1975, we had reduced

that total to 7,686 pending domestic intelligence cases --

a decline of 13,728 cases.

I think this is solid evidence of our responsiveness

even prior to the drafting of proposed guidelines for such

investigations. It isn't necessary for a house to fall on us --

much less two houses.

So I feel compelled to raise this question:

Will the good of the country be better served by

continuing an extraordinary degree of direct Congressional

access to FBI information, or will it be better served by placing

emphasis on requiring the FBI Director to be fully accountable

to an oversight committee through sworn testimony?

I think the Congress and the FBI can perform their

respective tasks with the most advantageous results by the

latter means.

Now, also, I would strongly suggest that consideration

be given to the employment of a permanent, professional staff -

to the extent necessary - for any proposed oversight comnittee,

with stringent clearance procedures.

This would allow the staff members to become

thoroughly knowledgeable concerning the FBI's procedures and

practices and, thereby, facilitate the work of the committee

with proper security.

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As we seek to define the proper degree of

oversight, or review, of FBI operations, we must consider

the administrative burdens such oversight involves.

I should point out that in responding to requests

of the two Select Committees, the FBI at its headquarters

alone expended 3,976 days of Agent personnel and 1, 964 days

of clerical personnel fron April through December, 1975 --

manpower diverted from investigative duties. In dollars

and cents that represents a cost of approximately $640,500.

Additionally, the cost of conducting background investigations

of committee staff members had reached about $393,699 through

last month.

Now these figures do not take into account personnel

utilized in responding to requests of other committees of

Congress, which have substantially increased during the

past year.

Many of the requests we receive from Congress are

duplicative in nature. Though we diligently try to respond

fully and accurately in each and every instance, it is a

time-consuming and costly chore. And I feel strongly that

the interests of the American people would be best served

by Congress consolidating its oversight functions.

The manpower of the FBI is limited. With the

increased burden placed on the Bureau by Congressional Committee

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requests, and Freedom of Information Act and Privacy Act

requests, we have reached the point where the Bureau's

ability to perform its normal investigative functions has

been impaired.

So I would urge you to consider these matters in

your deliberations concerning oversight legislation. I

assure you we will continue to cooperate to the best of

our ability. And I can further assure you that under a

Director held fully accountable and reporting at intervals

to an oversight committee, the FBI can perform efrectively .

and honorably.

Thank you.

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Testimony before the Committee on

Government Oper

ons; 1-26-76

QUESTIONS FROM SENATOR RIBICOFF

QUESTION:

Mr. Kelley, Do you believe that there should be a

Congressional Oversight Committee handling

intelligence matters?

MR. KELLEY:

I believe in oversight,

Senator. I do not know

whether you mean one which is separated from

the criminal activities performed by the FBI

or not.

If it be fragmented, I do not

believe that such should be done.

I subscribe

to an oversight of both the intelligence activ-

ities in the domestic and foreign security and

the criminal.

QUESTION:

I do not think it is anyone's intention in the

oversight committee to take care of the day-

to-day problems that the criminal oversight

has domestically, but in the counterintell

gence field, do

you believe that there should

be such an oversight committee?

MR. KELLEY:

I do believe that it is necessary that we do

have oversight.

QUESTION:

Mr. Colby testified last week that, in his

opinion, after reporiing to eight committees,

he feels that the

sooner such an oversight

committee is created, the better off the

intelligence community would be. Do you believe

with Mr. Colby?

MR. KELLEY: I do.

QUESTION:

In your stañement on page 3--I quote you-you

state that "Some of the mistakes in the

past were occasioned by direct orders from highes

authorities outside the FBỊ."

direct g

coders

Could you please

tell us what mistakes and which higher authorities

you are referring to?

MR. KELLEY: I am referring to the requests, the orders that

have come to us from members of the Department

of Justice, the Attorney General, and these stem

from the installation of some of our electionic

surveillances and from programs that we have

followed which have been with the authority of,

and approval of, those in this area.

There are

not--I do not have a complete outline of then,

but we do have instances where the FBI aid

not

The orders came from outside

our organization and from, of course, The White

House on some occasions.

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QUESTION:

Do you believe that such requests have been

improper under the authority of the FBI?

MR. KELLEY:

I do not think by any means that they come

under the

purview of the FBI.

QUESTION:

What should a director of the FBI do if he

receives an order from the President, or the

Attorney General or someone in the white House

staff that you believe contrary to what your

responsibilities and authorities are?

should a Director do under those circumstances?

MR. KELLEY:

First, I think that he should deliberate and

talk with the Attorney General, if it be one not

coming from the Attorney General and get his

determination.

If it be one where there is

some doubt, he should get it in writing. If it

be one that he does not under any consideration

nor as a result of deliberation wherein an

effort is made to convince him, but he himself

does not feel that it is advisable then he should

withdraw, he should resign.

And as I was once told

by Senator Burd during confirmation, it is noped

that in such an instance that he would come to the

oversight committee of the Congress and consult

with them about what should be done under these

circumstances.

Of course, that is a matter which

the Director himself has to arrive at,

and I

am

already committed to, and still subscribe to, the

proposition that I am not going to give way just

because it comes

from higher authority.

CUESTION:

If the President of the United States makes

a request of you that you believe to be

improper, and of course, he is your boss,

you would feel honor-bound uncer those circum-

stances to resign as Director of the FBI?

MR. KELLEY: If it came to the final crunch, yes.

QUESTION:

Do you believe that an FBI Director should

have a definite term in office?

MR. KELLEY:

I have been asked this before. I am not uncom

fortable under the present system where my terin

of office is from day to day. I do not believe

that there should be

any greater tenure than that.

Insofar as a limitation on hor long he can be

Director, I feel that nine or ten years is

sufficient. I do subscribe to that.

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QUESTION:

You say also on page 3 that when Mr. Levi

became Attorney General, he instructed you to

report to him any requests or practices which,

in your judgment, were improper or presented

the appearance of impropriety. Have you made

such reports to Mr. Levi?

MR. KELLEY:

QUESTION:

MR. KELLEY:

Yes, sir.

Are they confidential, or could you describe

generally the nature

and frequency of such

improper requests?

Most of them have been in the area of Cointel

Programs which we have discovered ourselves in

some of our flla reviews.

another where we determined that there were

we have discovere

I can remember

certain mail openings which we aid not know

about until we accidentally discovered

them.

It was not a failure to inform us, but

they thought that this was an ongoing program

that had been given official approval.

There was no thought that it was something thât

should be hidden. •We did discover them in the

thought that

top echelon of the FBI and, therefore, the thought

is they were new to us--they were also new to

Levi and we informed him about them.

QUESTION: In your testimony you stated that the Bureau has

reducad a number of pending domestic intelli

gence investigations

from 21,414 in 1973 to

7,686 by October 30, 1975.

How do you explain

this? Were there too many investigations being

conducted two years prior?

MR. KELLEY:

Senator, when I first came in, I talked with the mar

in charge oi our Intelligence Division. That is

the one where we handle the security matters, and

it was our opinion, together, that there were too

many investigations being conducted in the

I asked him to review the

bases on which we conduct our investigations.

Obviously it became apparent that some of our

fields of attention could be under close

scrutiny.

I felt some undue extensions of our

investigatory capabilities and this was a contin-

uing process,

and the reduction was not something

that was immediate, but extended from, I would say,

the latter part of

173 when we dot ourselves

lined up,

right through to october, as it says

in my statenent, of '75. We looked over why

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are

doing certain things, an

it might

well

De, as is many times true in

investigative

circles,

that you might get a little too

concerned about something that on close scrutiny

may not have been quite as alarming as it first

seems.

This is not at all unusual.. It is,

however, unusual that it comes from within

and yes, as

a result of the realignment of our

goals--realignment of our procedures--our

basis for investigating matters, we did bring

about this reduction.

MR. CHAIRMAN: Thank you. Senator Percy?

QUESTION:

Thank you, Mr. Chairman. Mr. Chairman, I would

like to thank Mr. Kelley for his demonstrated

desire and willingness to work with members of

Congress and to help us fulfill our responsibilities.

Former Attorney General Katzenbach testified

last week that he often did not know what the

FBI was doing.

What is your own working

relationship with the present Attorney General?

Do you Keep

him informed of all the major

activities that the FBI is undertakina?

Does he

participate in deciding whether or not you

undertake major undertakings?

MR. KELLEY:

QUESTION:

MR. KELLEY:

Senator, we certainly keep him informed of

any major program.

I would say that perhaps

we may, on occasion, over-inform him. We may

tell him about things that are antici-

patory

as far as problems are concerned. We try to

keep him fully informed. For example, if there

happens to be something we learn about that

may cause press inquiries of him, we inform

him of that.

Many times they are made.

I just point this out inasmuch as we are trying

valiantly to keep him informed.

When do you anticipate new guidelines for the

FBI being finalized?

I cannot give you this response.

It has been

several months in preparation.

I know that it

has now been thrown back into the hopper for

re-evaluation.

I cannot tell you perhaps

Mr. Levi can give you better information in

that regard.

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QUESTION:

As

collow-up on that first question, to

be certain that I complete the record

on it,

can you think now in retrospect in anything

in

your term of office as Director of the FBI

that you really should have advised the Attorney

General of that you maybe subsequently dia,

but did

not at the time?

MR. KELLEY: I cannot think of anything, Senator.

QUESTION:

I asked that, because Dean Rusk said that he

subsequently has now learned of certain

things undertaken in foreign countries by, say,

the CIn that he thought at the time he knew

everything going on, he now learns he did not

know, and I wanted to complete that record.

You talk about unlimited access to your files

being dangerous, and I do not think anyone contem-

plates that whatsoever, but I do not think

either that you should be left in the position

where

just your word is the only thing that an

Oversight Committee has.

What do you think is

proper in this respect with respect to reference

to files?

MR. KELLEY: I think that there should be a working arrange

ment between our people and whatever group

might have oversight, and there is a strong

requirement

that there not be presentation oi

material which would first compromise a source

of information, whether that be a citizen,

a government, or an informant.

The confiden-

tiality of the work done by the FBI is an

extremely important thing. Names are not just

all that reveal the identity.

It may

be that certain

circumstances, when revealed, may

There might be also too great

a proliferation of information about some activity

of the FBI.

For example, we have, of course, warrantless

wiretaps.

We feel that there should be

confidentiality of that. These have been

authorized through the approval of the President

through the Attorney General's delegated

authority in this regard.

that if there be a reasonable basis whereby we

can explain

that it should be maintained confidential

chat it should

that it be so maintained. On the other hand, we

should

extend ourselves in the spirit of

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QUESTION:

MR. KELLEY:

QUESTION:

MR. KELLEY:

QUESTION:

coope

ition to inform and to rej

it on measures,

and if they want a review that we extend

ourselves to let them make such review.

You have been able to reduce your domestic

intelligence investigations by 64 percent

since July, 1973. Can you tell us how you have

done that?

By a review that we started in mid-1973 looking

over

the bases for our investigatory needs and

our intelligence operations, and generally to

take an inventory and say which should we

continue, which should we now perhaps give

additional emphasis, and we culled out, in

other words, those which we did not feel were strictly

productive insofar as meeting our commitments.

Did you fine that you eliminated some of those,

Mr. Kelley, because they were illegal, in

retrospect, as you look back and decided

that the FBI should not, as a law enforcement agency!

should not engage in illegal practices in investigations?

You know, when you speak of illegality, ve have

great difficulty. Sometimes, in the context of

the time, you may open matters which later are

determined to be perhaps possible civil rights

invèstigations, invasions of privacy, or other

background objections. I do not know of any

which, I would say, were actually legal.

I

just do

not recall

classification.

any that would

meet that

were some eliminated because they may have

been borderline, and in retrospect in numerality:

you decided

not

to go ahead?

MR. KELLEY: I would say that that is a possibility. In

a strict classification or interpretation

they may be termed an invasion of privacy

or rights or something of that type.

QUESTION:

Were most of them eliminated because

you felt they were not productive, and to

use a phrase, they were not really cost-effective,

for the amount of

energy and effort put into

them? They would

not have paid off?

56 =

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MR. KELLEY:

QUESTION:

MR. KELLEY:

QUESTION:

say that those would ba

iwo great and

major reasons.

With the workload declining 64 percent, has

there been any decline at all in manpower?

Have you shifted manpower to other Division--

... person power., excuse me; man or womanpower--

have you

shifted it to other divisions?

There has been some shifting; much of our

so-called overload of manpower or investigative

attention by this Division has been pickea up

oy the terroristic activities investigations.

Of

course, we have had a great rise in that: doubled

each year.

And, strangely enough, during 1975, it

even increased more than that.

We had more

terrorist-type of bombings in 1975 than we

had in 1974.

You mentioned the burden that has been placed

on the FBI by the Congress.

I presume that

there is not any question that the CIA could

rightfully maintain that a tremendous burden

has placed on it by the Congress now.

I think, in retrospect and in fairness, a part

of the burden is unfair, unwarranted, and not

cost-effective.

But a large part of

the burden is

placed simply because we have recognized that we failed

the American people in the past, and no one has

more clearly admitted this than the Majority

leader of the Senate, Senator Mansfield, in his

opening statements before the committee.

SO

that we have to rectify that.

We may overkill,

in a sense.

I hope we will not.

I hope that we will

go a prudent, moderate path and not overreact

to the situation.

burden

But a laige part of that

is because

we simply did not perform the

function in the past and the American peope

know it, they are holding us accountable for

that. I wonder if you could for the record,

lowever, just give us a sense of your ow

ersonal burden, which worries me, both abou

the Director of

the CIA and the Director of the FBI.

How much of your personal time, since you have

assumed office, do you think you have devoted

to preparing for, giving testinony before

Congressional Cormittees, and then following up

on the testimony that has been given, or looking

at the testimony being given by others?

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MR. KELLEY: I WO

say that about 25 percent of my time

is consumed in going over testimony, reviewing

material, acquainting myself with the progress

of the various committee activities, in pre-

paring myself for testimony, and in testifying;

and I think that the others in the top echelon

of the Bureau who are involved in this type of

thing may have even more than this devoted in

their time. It has increased my work day

considerably, and I find myself many times

reading until the wee hours of the morning.

I am not complaining about it. I assumed

this.

Much more time is devoted to doing my job

now than ever before, again, about 25 percent

of that time is in this area.

, SENATOR:

Mr. Chairman, my time is up. Are we going for

one more round of questions?

MR. CHAIRMAN: If there are more questions.

SENATOR:

I have just a few left. I would like an

answer to how much time you think is appro-

priate for you to spend on this activity,

I will wait until we come back.

QUESTIONS NOW FROM SENATOR BROCK

QUESTION:

Thank you, Mr. Chairman. Would you clarify for

me something you said earlier. With regard to the

oversight function, I thought that you said that the

oversight should include all FBI activities.

If that

is the case, you might be in some disagreement, with

those that say we should separate the oversight

of the domestic operations, primarily FBI, from

the international oversight function which

would more relate to CIA.

MR. KELLEY: 75 percent to 80 percent of our time is on criminal

seat there i,

There is, on the other hand, a

great interrelationship between our security

people and our criminal investigations. We may

have a case where we need additional

people in a security matter. We will call on

some people in the criminal activity section.

It is true, on the other hand, we will have

a big bank robbery or some big fugitive case.

We may call on security people and have them

do it. We have difficulty in setting aside

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tha

sortion of our budget whi

goes

solely

to the so-called intelligence activities. In

the area of intelligence, we have quite a bit

of work in the intelligence field in the

criminal work. We would suggest that it not

be fragmented, and

would hope that we could

present all of our difficulties to one committee.

I realize that there is the thought that this

thrust should be just toward security matters

foreign and domestic. We have probiems other

than this.

I can see

where it would be very

helpful to us to have an overall oversight

which would take care of both of our branches

QUESTION:

The reason I asked the question, there has

been at least some indication among members

of the Senate, that they would like-at least some

members would

like--to

separate the intelligence

from the criminal aspect, and give the oversight

committee which this committee might create,

jurisdiction over all intelligence, counterintelligence,

domestically and international intelligence but to

leave to the Judicial Comnittee, the principal

oversight responsibility for the FBI.

I gather

that you would not find that a very happy end product?

MR. KELLEY: We report to the Appropriations Committee, and

they outline our programs.

Under this possibility

we would be reporting to an Intelligence

Committee, we would be reporting to the senate

Judiciary

• Committee on general oversight.

Right away we have three within the Senate.

QUESTION:

If we did give this committee full and complete

jurisdiction, would you also suggest that they

have jurisdiction in terms of appropriations

as well?

In other words, you would limit the

oversight to one committee. it would have

both authorization oversight and appropriation

authority.

MR. KELLEY:

Senator, I am not really prepared to give you

an opinion on that. I would say that probably

this should be reserved to the Attorney General.

Personally, of course, it woula probably give

us a closer definition of oversight and might

be that such a committee certainly coul

become best acguainted with our work in ongoing

programs; but I do not know that I can answer

well that pasticular question.

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QUESTION:

not sure that we can eith

As a matter of

fact, there are some of us that feel that rather

than trying to define this thing too precisely,

we should create an oversight committee and

assign to them the responsibility of a study

of the extent of the jurisdictional question.

That may be the best thing that we can

achieve at the moment if we are going to get

any response.

Let me ask you one or

two more questions, again in this same area,

I am reluctant to limit the right of an over-

sight Committee in terms of access. I think

that is almost something that we can do by

experience, as we have with the Joint Committee

on Atomic Energy.

There the experience has

proven to be good, and I think, healthy for both

sides, Executive and Legislative. I am

distressed

by the leak of information that is ongoing now.

I think it is extremely dangerous yet I

find it difficult to find a way in which we

would limit an oversight committee which may

need some access in order to reach this

definition of responsibility. I do not

know how we would do what you are suggesting,

essentially depends upon the Director and

his testimony before the Committee.

MR. KELLEY:

Under our recommendations, we conclude that there

should be investigations and clearances granted to

members of staff, that their numbers, as well as

others for the Committee, should be as limited

as possible. We feel that matters that might

compromise our sources of information are those

that are most important. I think, Senator,

that probably we could start off in such a rela-

tionship baing a little extended insofar as

our own desires, we can be a little more

open, and see how it works. I would nope that

it would be sort of an open-end type of thing so chat

we can get some history of experiences.

do not want to foreclose the right of review in this

regard. I think, as a citizen, I

am compellad to

say that there should be a better flow of infor-

mation than has been true in the past.

I am

willing to at least explore such a possibility.

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QUESTION:

That

is really what I am reaching

for, and

appreciate it. We are treating this as if

it is

going to be de novo every six months..

It is not.

You are going to create an expertise

in this

Committee and its staff a knowledge of the general

problem area, and I think these matters will begin

¿o an reluctant to

to settle up as it gains maturity and experience.

I am reluctant to eliminate it now because

I think

we may

create an adversary relationship which I do

not think is heloful, where, as an alternative, if

we kept it fairly open, I think a development of that

experience would lead

to a good relationship, as we

have done with the Joint Committee on Atomic Energy

earlier.

MR. KELLEY:

There are misunderstandings about why we

think things are confidential.

Take for

example, a small thing, a release of our telephone

directory. It is not generally understood that,

by virtue of the release of the telephone directory,

you thererore list the identity of our Agents.

They are listed in the telephone book. There-

after, they get a lot of crank calls. I

never did release my address, and as soon as

it was listed--and it was listed of course in

the Congressional Record--I am not complaining

about this--I started receiving crank mail

at my home and some of it was on post cards,

some of it my wife read, it was not the

best thing.

People do not realize that

we

try to protect it foi reasons that we could

possibly explain in an atmosphere of cooperation

with such a committee, and I would look forward to

that opportunity.

We have not communicated

properly, possibly. It it is determined this is

too far fetched, all right, we will drop it. We are

willing to discuss it.

QUESTION:

Thank you. My time has expired. I think what I am

saying is that there is a clear distinction between

a one-shot investigatory committee which is trying

to get short-term information and a continuing over-

sight committee with a developed relationship on a

maturing basis. Thank you, Mr. Chairman.

MR. CHAIRMAN: Senator Weicker, while it is your turn, since

Senator Percy has usea up his time, he has

requested a few more minutes, if you would yield

to him.

WEICKER:

I yield.

- 11-

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QUESTIONS NOW FROM SENATOR PERCY

QUESTION:

MR. KELLEY:

QUESTION:

Regretfully, I have a witness upstairs in the

Foreign Relations Committee. I was

anxious to

follow up, Mr. Kelley, what proportion of your

time do you think is appropriate and proper that

you should devote to Congressional oversight? In

other words, we have the same objective to reduce

the burden on your Department because of the

duplicative activities of the proliferated committees.

What proportion do you think is appropriate for you

to spend?

I have never really considered it, but I would

say that during my ordinary, everyday operations.

I should keep this in mind

and should review

each program with the thought prepared to

discuss it with an oversight committee, maybe

5 percent, just a ballpark figure.

That is a goal I am not sure we will ever

achieve but certainly if we can cut if in half,

it will help, because your principal duty

obviously is

to administer a very able department

and agency. The thought has been orbited--I threw

it out originally--to just try to cut in half

in area of intelligence because of the tremen-

dous amount of knowledge a person has to gain to

properly authorize in authorizing legislation, and

yet the law--and we are not specialists in this fiela;

we are dealing with specialists in the law enforcement

field--to cut it in half to see if possibly we can

consider in this one oversight committee, giving that

committee both authorization and appropriations

authority so the service would only have to go before

one committee in the senate and one in the House and

have his job done with and thoroughly inform, say,

a group of nine Senators that would rotate in that

position. Would that, in your juägement, be of

material assistance and help if we could

work it out

internally?

MR. KELLEY:

QUESTION:

If we could, Senator,

in one comnittee, I feel this

would be advantageous.

I have long proposed that the Attorney General be

taken out of politics and not be permitied by

procedure or precedent, just as the Secretary of

Defense, Secretary of

State, has not participated

in politics as such. The Attosney General. has

- 12 -

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## Page 219

been

politically oriented off

se, many times

being the campaign manager. Do you feel that

the Director of the FBI is not a political

position and it should never be permitted--do you

think it would be a good idea for the Attorney

General not to engage in party politics while he

is holding

that office?

MR. KELLEY: I have never had experience with it

since I have come here, in any dealings with

me or with the Bureau by the three Attorneys

General under whom I have worked. There has been

no indication of political influence.

QUESTION:

MR. KELLEY:

QUESTION:

Do you suggest consolidation of Congressional

oversight of the FBI.

Should that be done by

the same committee overseeing agencies dealing

with foreign intelligence in your juâgment?

In my judgment, all of the operations of the FBI

would

advantageously be joined in one committee.

One committee?

MR. KELLEY: Yes,

sir,

QUESTION:

Could you explain in layman's term the difference

between foreign and domestic intelligence in

criminal cases as managed administratively by

the FBI?

And I ask that with the understanding

that criminal activities involving foreign powers

are not necessarily handled in the FBI's foreign

intelligence division. For example, if another

country were to finance terrorist acts within

the United States, the entire case might be

handled in the Criminal Division. Therefore,

it

would help us in our understanding if you could

differentiate between what activities are handled

by each of those bureaus. If you would like to

do that for the record, to make it more complete.

I would certainly accept that.

MR. KELLEY: I would prefer to prepare this in a response to you

and will do so.

QUESTION:

Mr. Kelley, finally, FBI activities seem to be at

the heart of one of the gray areas of oversight.

I think we are in general agreement that Congress

should create a comnittee that would oversee the

CIA and NSA. What aspects of the FBI that should

be looked at by this committee is another matter.

What are your views on this?

MR. KELLEY: Could I also give you that response-may I respond

to that in writing

also?

-13 ..

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SENATOR:

ou certainly may. I thir

that that winds

I would simply like to say having known

Attorney General Levi

for a quarter of a century

as a trustee at the University of Chicago, I

think the tone and attitude that he is establishing,

the relationship that he has established with you

and which has been a cause of great concern between

the FBI Directors of the past have not been fully

satisfactory and fully cooperative.

I think that relationship that has been estab-

lished has been an outstanding

accomplishment,

and I think your testimony to that effect here

is very important indeed, and I certainly

commend both you and Attorney General Levi, because

a great deal has

been accomplished already.

MR. CHAIRMAN: Senator Weicker?

SENATOR:

Thank you, Mr. Chairman.

QUESTIONS NOW FROM SENATOR WEICKER

QUESTION:

I notice in your statement you make mention

of the fact that since 1975, or April through

December, 1975, a great amount of time, effort,

and money wes

expended on responding to

Congressional inquiries, et cetera. I think ve

both might also allude to the fact that that

is directly attributable to the fact that there

was no Congressional inquiry for many years before

that,

and what in effect you have seen is an extreme

reaction to an extreme situation. As a matter of

Iact,

as I understand it, and prior to the impeach

ment

inguiry neither the

House nor the Senate

judiciary

Committees held any hearings on FBI oversight. Is

that correct, to your knowledge?

MR. KELLEY: I do not recall this, Senator.

QUESTION:

I believe that was before your time, but that is

the record.

MR. RELLEY: I am thinking only during the time that I have

been here.

I do not recall just when we first

reported to the Oversight Committee. It was

during the time that Mr. Saxbe was Attorney General.

We appeared three times. Prior to that I do not

know.

- 14 -

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QUESTION:

I th

k it is important to poin

out that I am

sure

the American people are just as appalled

about your being overburdened with Congressional

inquiries as they are with no Congressional

inquiries. But that is the record.

There is nothing

in between. I think that is important to point

out as we try to devise some system, some apparatus,

to bring balance to all this. We need the FBI. As

I said the other day, we need a CIA.

There is no

reason why a choice has to be made between 0 and 100

percent insofar as it is using up your time,

the CIA or any of our law enforcement agencies.

My concern, believe me, Director, is not that

you are going to be overburdened with oversight.

As I have indicated, unless this Congress acts

very shortly, the whole thing is going to be

forgotten and we are going to go back to zero

again.

That is a far greater danger in my

book than your being overburdened. I would

suggest to you, it is very strange to say, that

I would hope that you, along with Mr. Colby and

others in the law enforcement community, would

fight very hard to see this oversight legislation

implemented, because on that depends the survival

of your agency, on that depends a restoration of

confidence as

far as the American people are

concerned in the law enforcement and intelligence

agencies. I fear the bureaucratic footaragging

is going to go on around here two years, five

years from now.

We will be right back at square

A, except the next time that any other abuses

get uncovered, that is going to be the end of

bout agent: too

There is going to be no way of coming

bäck in the room to construct something that

makes sense. That is my concern.

MR. KELLEY:

I went on record during my confirmation sponsoring

oversight, and I still feel that it is a very viable

and proper precedure. I have no objection to it

whatsoever, and

• I welcome it.

QUESTION:

I notice you say you tavor a new oversight

committee. Is it your Iceling that the present

oversight mechanisms are not adequate?

MR. KELLEY: I hope I have not indicated that I am critical of

the present oversignt.

I hope that we can have

a centralized oversight whereby our intelligence

and our criminal investigatory responsibilities

are best included in this one.

Under the projected

possibilities, the Bureau would be iragmented,

we would have an oversight of the security

of the national counterintelligence field and

- 15 .

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QUESTION:

MR. KELLEY:

QUESTION:

MR. KELLEY:

the

iminal field maintained

the present

oversight system. I would hope that it would

be together.

Committee

We do report to the Appropriations

and we do report to the Judiciary

Committee

on Oversight.

If it were fragmented

further, we would have three oversight committees.

Do you feel that the present system of oversight

as embodied in the House and Senate Judiciary

Committees should be supplanted by a new Oversight

Committee, or are you satisfied with the present

system?

I would reserve the final determination to

consultation as I would want to do, of course,

with Mr. Levi to get together and do this. I

would say, primarily, our goal is to have

it centered not in any particular committee.

I think that is the responsibility of Congress, actually.

What we want to do is not fragment it, not

proliferate it, but to have it so that we can

have one group to which we can go for considera-

tion of our problems and outline our procedures.

I can appreciate, Mr. Director, that

you still have to work with the senate and House

Judiciary Committees and obviously we don't

want to ruffle any feathers.

We want to

plot à future course.

We are not trying to

find out how we can live with the past.

The

difficulty is, as I perceive it, not that the

mechanism was not there for oversight--it was

there.

The problem was that it was a

secondary

function of the particular committee, in this

case the Judiciary Committee, something

the line.

Do you feel that your agency and its

activities are of sufficient importance that

that should be a full-time job, rather than a

secondary job, for a Congressional committee?

I responded to a question asked by Senator

Percy about how much time I thought I might be

devoting to the oversight requirement. I

thought

about 5 percent.

That is just a

ballpark figure. I do not think that that would

necessarily mean that one committee would

be set aside for just that type of deliberation.

I think

: that if it were to include all of our

activities, criminal as well as security, that it

might

take

a little more, but still, I do not

think

that

things come up that frequently

where

it would be a real heavy task for any

committee.

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QUESTION:

MR. KEILEY:

QUESTION:

YOu

derstand what we are cont

plating here

would be a committee whose intention would

be directed toward the FBI, the CIA, the law

enforcement intelligence community? It

would not just be the FBI; it would also be the CIA.

What I am saying, I think what others are trying

to get across is, is this sufficiently important

to this Nation, to its life and to its Constitution,

that that is a full-time job and not a secondary

job for some other Cormittee, be it the FBI which

is a secondary function of Judiciary, or the CIA,

which is a secondary function of Armed Services.

This is a primary function.

At least, I do not

find it a primary function of law enforcement

intelligence.

That is why my question to you, whether

you are satisfied with the present system, which

obviously has not worked in the past, with a warning

could work, or whether we are best just having one

committee that would work with these law enforcement

intelligence agencies and start from scratch and once

again try to rebuild confidence.

It really does not make any difference what you think

or what I think or what Senator Ribicoff thinks or

our colleagues here think.

The fact is that the

American people have lost their confidence.

That is

the group we have to reach. Whether I ain

satisfied

that you are a fine man with great integrity

and a fine Director, it does not mean anything,

and your opinion of

me, that is not important.

What the American people think is what is very

important.

That is what is jeopardizing your

Agency now and, indeed, the Congress.

I would construe anything which is developed

by Congress as something which we would certainly

try to work under.

We will not complain,

You will not have any beefs from us.

I tola

Senator Brock that I would certainly work as best

we can with the system that is devised. I repeat

that to you, too.

I am not going to argue

about

it.

I would like to work with you just as closely

as we

can.

I appreciate it. I am not trying to lay all of

this at your doorstep.

I think Senators Brock

and Ribicoff were talking earlier, we were talking

earlier, I was talking earlier with Senator Brock,

we are going to try to pry these things loose

NN 54965 DocId: 32989503 Page 223

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## Page 224

in

t

Congress.

They are the

es that do

not want any change.

That is why I am trying to

get all the help we can publicly. Please

understand what I think all of us here are

saying.

We are not against your agency. We

want to see it survive, but it cannot survive

unless the American people feel that they

have a handle on this policy. Thank you.

MR. CHAIRMAN: Thank you very much. Senator Nunn?

SENATOR:

CHAIRMAN:

I have no questions.

Senator Brock, do you have any more questions?

SENATOR:

No.

• CHAIRMAN:

Thank you very much, Mr. KeLley. It may

very will be, as we proceed to mark up this

legislation; that we may

have occasion to talk

to you and your staff.

I would hope that you

would be available to

us in the future.

MR. KELLEY:

We will be available.

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Go Clev, 2-14-74)

FBI

Airtel

Transnit in

Via

----

(rope in nicintext or codel

IO:

(Prace loncel

2-20-75

SAC, Albany

(Daic)

Director, FBI

BUREAUWIDE INFORMATION PROGRAM, 15-/

(This line for LEFT MARdYN.)

TESTIMONY BEFORE THE COMMITTEE

ON GOVERNMENT OPERADIONS

S. SENATE, JANUARY 26, 1976.

Enclosed for your information is one copy of

the staterent I delivered before the Committee on

Government Operations of the 0. S. Senate on January 26,

1976, as well. as a transcript of the question-and-ansver

session that followed.

Ine latter can be used in answering

inquiries from newsmen

and others but should not be far-

nished to any outsider.

The enclosed material

may be of assistance to

you in cesponding

• to inquiries you nay receive from the

publio or the press.

Enclosures (2)

JHESTRA

TuBe

JURGICIN

. CLZ2

ROCHESTER

(Do vict type beio atis line.)

62-2665-364

99L

SACCLASTIERIB..

143 80-2142 okessa

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FD-350 (Ricv. 11-11-75)

(hount Clipping in Space Below)

From Probe to Action on CIA

Without carefully looking over the de-. narily important because of the neces-

tails, Americans cannot finally cudge the

sary secrecy of the work it is overseeing.

considerable

reforms announced by

Also welcome is the President's plan

President Ford Tuesday night for re-

for public guidelines, for both CIA and

vamping the troubled Central Intelli-

FBI, and for stringent controls to protect

gence Agency. But in concept and strue-

citizen liberties against such past abuses

ture, the President has responded con-

as secret mail openings and electronic

structively both to legitimate concerns of

surveillance. Especially reassuring is the

the American public and to several

idea oi requiring judicial warrants be-

major findings of recent, separate offi-

fore such surveillance, even for national

cial investigations.

security reasons, is undertaken.

In its interim report last November,

We will be interested in details of

the select Senate intelligence committée

many of these changes, especially con-

appropriately condemned assassination

carning the agency guidelines and Ford

as a policy tool and decried the ambigui-

proposals to Congress for making disclo-

ty, the blurred links of responsibility, in

sure of information a crime, a sensitive

the decision-making chain of command

within the intelligence community.

area that must be scrupulously limited in

a free society.

Certainly responsive to all these con-

cerns is the President's plan to create

• As the President and the Rockefeller

separate executive boards - one to

parel have rightly said, the object must

make broad intelligence policy and the

be the difficult one of maintaining an

ather, under CIA direcior George Bush,

effective intelligence capability while

to manage that policy - with distinct

simultaneously protecting the liberties of

functions and clear accountability to an

elected President. Also,

individuals and democratic safeguards in

the President

an open, free society. This isn't easy, but

rules out assassination of foreign heads

it must involve clearly pinpointed ac-

of state as a policy, at least in peace-

countability. The public should not know

time. Most Americans couldn't agree

the details of covert intelligence opera-

more, with that.

lions abroad. But it must know what offi-.

*

cials are responsible, and therefore pub-

Last June, another CIA investigating

licly accountable, for the management.

committce, this one headed by

Vice

and policies influencing those operations.

President Rockefeller, criticized the lack

This principle is impressively imbedded

of effective oversight of CIA activities by

in the Ford plan of a policy-making body,

both Congress and the executive branch..

a management body, a still-to-be-issued

It suggested a joint congressional over-

set of public guidelines and a new over-

sight committee and said "a new body is

sight unit — all directly responsible to an

needed te provide oversight of the agen-

elected President.

oy within the executive branch." Now

But these proposals compose only

the President has emphatically endorsed

part of the solution to past mistakes. In

both ideas. On the joint oversight panei

our check-and-balance system, Congress

in Congress, he recognizes that this is a must debate and decide how to organize

decision for Congress to make. But to

its own vital oversight role most effec-

provide

oversight

within the executive

tively. After months oi probing, Wash-

branch, he nas named his own special

ington needs to act - thoughtiully, but

independent panel of three citizens to.

• decisively - on its information.

The

oversee all intelligence operations and

President has now wisely and compre-

report directly

to him. We hope that

her.sively made his own more from

board will receive strong powers aid.

investigations to conclusions and actions.

basking to do its job, which is extraordi

Congress should not lag far behindt...

edisate page, and state.

lewspaper, c

32

BUFFALO EVENING NEWS

Buffalo, New York

1 - 80-1876

Date:

Edition:

2/18476

Author:

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Title: SENSTUDY

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Daniel Schorr Faulted on Release

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23

COURIER EXPRESS

Buffalo, New York

2/28/76

Date:

Edition:

Four Star

Author:

Editor:

Title:

SENSTUDY

Character

or

Classification:

Submitting Office

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62-2665-38

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Senate Panel

Plans Wide

Safeguards

(Indicate page, name of

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ligence will take extraordinar

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H490284

being leaked to the news media,,

according to committee

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edited by the comn

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Markings Planned

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(ot each draft chapter.

namex of the

receive it.

emblazoned across the

with difficulte to photocopy.

original owner of the docu

10

COURIER EXPRESS

Buffalo, New York

Date:

Edition:

2/29/76

Four Star

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Editor:

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

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souse Approve

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WASHINGTON Manch

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Page

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(Indicate page, name of

newspaper, city and state.)

7

BUFFALO EVENING NEW

Buffalo, New York

Date:

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Author:

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Late City

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Title:

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FBI BUFFALO

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## Page 230

FD-350 (Rev. 11-11-75)

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Domestic Spying

By FBl and IRS

Is Documented

Associated Press

WASHINGTON. March 9 — Women's libbers, Com-

munists, militant blacks, the Ku Klux Klan, the Jew.

Si Derense League and citizens protesting agains

axes were among the targets of surveillance

government agencies, a Senate panel says.

The Senate Intelligence Com-

mittee

released

nearly

1000

pages of documents Monday,

detailing FRI wiretap and sur

veillance operations and Inter-

nal Revenue Serve undercover

spying.

A March 1971 memo, written

by W. Raymond Wannall, for-

mer hear of the FBI's Intelli-

gence Division, said the pur-

pose of the

electronic spying

was "production of intelligence

relating to activities of domes-

tie crimiral-subversive individ-

uals and organizations."

One

memo

shows the FBI

used informers during 1369 ard

1370

to keep

track of the

women's

liberation movement

in New York, Baltimore,

Sarsas City, Aío., Columbia,

Mo., ard Lawrence, Kan., but

never turned up any cridence

of revoiutionary or violent ac-

1. SAC

2. ASAC NE

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1. Dock aC

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6. Desk 6_

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Indicate page, name oi

newspaper. city and staie.

1

BUFFALO EVENING NEWS

Buffalo, New York

cc Bureau

Date: 3/9/76

Edition: City

Author:

Editor:

Title: SENSTUDY

Character:

or

Classification:

62-2665-42

Submitting Office: Buffalo

_ Being Irrestigated

ISEARCHED..

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## Page 231

COMMITTEE

potential

agents to monitor

Los Angeles and Chicago. One

from taking steps to block vis

memo said an IRS undercover

lent acts if

such tactics were

agent in Los Angeles gave the

justified in specific cases.

* *

information on the legal strate-

Ey are rohing roop fains

taxes by obtaining a cops of his

ruptive

legal brief several months be-

ducted for more than iwo dec-

fore it was filed in court.

ades

The memo said the advance

against

dissidents.

data gave the IRS time to "do

research in order

The Senate committee als

for the U. S. attorney 10 prop:

released documents. Monda

erly answer this motion.

showing that:

which sought dismissal of one

of the charges.

di

rupt and otherwise neutralize" , Atty. Gen.

the

BI

wro

an anonymous letter to the wife

oi a Ku Klux Klansman, saying

that her husband

commiting adultery"

Baker.

and a smart-aleck fig.

Johnson

aide

ĂNOTHỀR GOAL,

"to

prevent the rise of a Messiah

such as the late Rev. Dr. Mai-

- who

and

el

ectrify.

the

black «nationalist movement."

Another

menio

said

ivireta

were used at Black Panthers

Party

offices

in

Chica

Angeles, San Francisco,

land,

and

New

cal yorke

New

City.

DaTe

installed

should

doing.

Depart-

writers,

doctors

sent by

the

during

top

"special

1965

Humphrey

"convention.

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PD-350 (Rev. 1i-11-75)

(Mount Clipping in Space Below)

Discontinued FBI

Security List Told

TYASHINGTON IPAs recent-

division, was among hundreds

ly as 1972 the FBI maintained

oi decuments released on Mon-

an "unrealistic" list of more

day by the Senate Intelligence

than 15,000 persons thought to

Committee as exhibits to the

pose a theat to the national

transcript of its public hear-

securty, according to an internal

ings.

FBI memo.

• A Justice

Dept.

spokesman

Criteria 'too Broad'

said

on

Tuesday

thiat

the

called

"administrative

SO-

The Smith memo said that the

index,"

"criteria for designating indi-

or A-dex, is no longer in exist-

ence ard hari been "pared down

viduals for A-der are too broad®

consiacrably"

ÉO

about 1.200

and all-encompassing. As a re-

names by the time it was dis.

sult, lnere are some individuals

continued last December.

now included

in A-dex- even

The index, described by the

though they de not realistically

author of

a September 1972

pose a threat to the national

memo as ioo broad and all-

security.'

encompassing," was maintained

souveni

including persons who hav

"for the purpose of being able

merely

'exhibited a revolu

in quickly identity persons rep-

tionary 'deology" represented

reschting a threat

to the na-

tional security," the memo said,

Use Projected

to the national

Although it stated that persens

on the list "would not be subject

io detention during time of

war or national emergency, the

memo said.

memo also made clear that 1-

dex would be ready for use in

As described by the memo,

the event Congress enacied

A-dex was created in 1971 to

"emergency legislacion permit-

repiace the

barpan's Security

ting apprehension ard detention

Index, a list

of persons to be

locked

up

130r

the

FBi's

ot persons who threaten exist-

ense of the guvermment."

Emergency Detention I'rogram,

The

aight

Page

document

which has been terminated as a

result of repeal of portions of

"written by Thomas J. Smith,

the Internal Sccurity Act. Sup-

head

research

for

the

porting

documents

indicated

luper sidomestic intelligenes

that A-dex was a consolidation

of the Seurity Index and another

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edispat pa ca, and state.)

newspaper.

COURIER EXPRESS

Buffalo, New York

co Bureau

Date: 3/10/76

Edition: Four Star

Author:

Editor:

Title:

SENSTUDY

Character:

or

Classification: 162-2665

Submitling Office: Buffalo

Being Investigated

SEARCHED

SERIALZED

$ 3 MAN 01976

FEL BUFFALO

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## Page 233

FILE

(62-1827)

SAC RICHARD D. BOGGE

ASSASSINATION OF PRESIDENT

JOIN FITZGERALD KEINEDY

HOVELBER 22, 1963

DALLAS, TEXAS

MISCELLANEOUS - INFORNATION CONCERNING

7/20/76

This is to record that at 4:20 P-1., 4/20/76.

I returned a call to Unit Chief RICIARD J. DEILY of the

Bombing-Anti-Riot Lars Unit, Intelligence Division, in

connection with above-captioned matter. He advised that Ser.

CHURCI fron the Senate Select Committee on Intelligence

desired to interview sAt on Tuesday, 4/27/16, at approxinately

10:00 A.H.

Ur. DEILY instructed SAC to make

travel reservations

and advise him, and that after report directly to Room 3659

of the new FBI Building when arriving in lashington,

stated this would be done.

It approxinately 1:5o 114 Dith as advised

SAC could depart Buffalo on Flight

611, United AirLines.

7:35 A.l. and arrive in Washingion, 1.G. at 5:00 2-

SAC has return Flight 898, United Airlines, leaving Vashington

8:00 P.iI., arriving Buffalo 9:03 P.II.

DEILY stated that SAC would be debriefed prior to

his appearance before the abovo comittee.

62-2665

(SENSTUDY)

RDR: cas

(2)

63- 2655-

= 44

SSARCHES

INCENES

SESLALIZED

APR 2 0 1976

FBI - BUFFALO

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## Page 234

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

(Mount Clipping in Space Below)

Little Sense Shown

In Intelligence Report

BY JAWES J KILPATRICK

•The Senate Intelligence Committee disgorged its

651-page report last Monday. By Tuesday night, we may

be certain; the report was being gleefully dissected in

the Kremlin. In the annals of stupid congressional

stunts,

this massive piece

of.

folly will rank exceedingly high, the

Congress has forfeited

What is the first accomplish: Whatever

confidence one might

ment of the committee's long have had in its discretion. How

investigation and report? It is to long will it be before the "unex

belittle the

CiA, to stigmatize

purgated edition' of the com-

the honorable men who have

mittee report is leaked to Jack

served it, and to make the agen- Anderson and the Village Voice?

•cys successful

performance

True,

vastly more difficult. The com- notice", recommendation:

recommeidation arior

mittee's disclosures "blow the been" dropped-temporarily,

,at

cover!' on sensitive operations; least-from oversight legislation

many of the committee's recom- now before the

mendations would treat the Committee.

Senate:

Rules

Eyen' so, the think-

agency as

if it were merely ing behind the recommendation

another government. bureau-&

crop reporting service, or a bu persists.

reau of labor statistics.

*

IN ONE of its lip-service mo

ments, the report acknowledges

CONSIDER, IF you please, one that espionage directed against

legislative recommendation that

the United States is. "extensive

provides an accurate indication

and: relentless." By the FBI's

of the tone and approach of the

estimate, more than 1000 Soviet

sunshine addicts in

the: Senate.

Their idea is to prohibit virtual-

agents are on permanent assign-

ment as spies against us.

It. is.childish, of so it seems.to

involying staye thream tances

me, to strike the virtuous pose

that we must never, never emu

U. So national security" would late the Communist techniques.

they tolerate a secret operation. It is not wise, it is stupid, to sug-

And then, mind you, the com-

gest,

that the United States

mittee's proposed statute would:

should go abroad in. a dangerous.

disclosure

accoutered

congressional oversight commit. Ford Faunterey, to play pat

,tee before any funding could be

provided.

ticake with gangs who fight with

switchblade knives.

That is marvelous, is it not?

It will be a long time before.

The director of the CIA would be the damage done by this report

required:

travel

to

Capitol

• can:

be

undone, before; truly.

Hill, hat in hand, and spell out

competent and

dedicated ser

his most sensitive recommenda-

vants can be attracted anew to-

tions before

a gaggle of loose-

the CIA. Sen. Barry Goldwater'

jawed senators or congressmen. refused to sign the report. "This

Why not, one wonders, require is a report," he said, "that prob

the director to hire a sky-writing ably should never

have

been:

airplane and spell his plans out

written." He had the last and

in mile-high letters over Wash-

truest word.

ington? Over the past ? years,

Washington Star Syndicate

(Indicate page, name of

newspaper, city and state.)

14

BUFFALO EVENING NEWS

Buffalo; New York

I. SAC

2. ASAC.

3. Sec. Suevr..

4. Desk 4_

5. Desk 5-

6. Desk 6_

7.LASH

Date:

Edition:

Author:

Editor:

Title:

5/3/76

Late City

Complete

SENSTUDY

Character:

Classification:

Submitting Office

62-2665=9

Buffalo

_ Being Investigated

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$ 1976: -

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NIW

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234

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## Page 235

FD-350 (Rev. 11-11-75)

(Mount Clipping in Space Below)

Intelligence Reports

It is essential to its national interest

that the United States maintain an in-

:telligence and counterintelligence capa-

bility, including a corert one.

:: The requirements of democracy tend

to conflict with the need for secrecy

Thus the Senate Select Committee on

Intelligence Activities, which recently

•issued voluminous reports on foreign,

military and domestic intelligence. has

properly recommended that secret'ac

• tions should be consistent with publicly

defined foreign-policy goals and "should

be reserved for extraordinary circum-

istances when ne other means will suf-

fice."

We agree, too, with the committee's

recognition that oversight of the coun-

try's intelligence functions by the execu-.

tive hranch and by Congress has been

historically weak, and with the recom-

mendation for tighter supervision.

"aurever, neither the Senate cor

Evade Real Issue

investigative report has jet to be pub

licized) has as yet come to grips witl

(Indicate page, name of

newspaper, city and state.

16

COURIER EXPRESS

Buffalo, New York

rights via break-ins, illegal surveillance

and harassment of individuals and

groups, and drug tests on unsuspectin

persons, the Justice Department has no

made a single move to prosecute the

violators. There is no place within our

legal structure for the kind of crimes

that have been committed and which

have gone unpunished.

The congressional oversight unle

could best be served by a single perma

nent committee, but it needs to be one

endowed with

broad legislative and

budgetary powers, unlike the weak sis-

ter voted by the Senate Rules Coamittee.

1-80-1877

Date: 5/4/76

Edition: Foil' Star

Author:

Editor:

D. I, Turner

Tille:

SENSTUDY

Character:

or

Classification 62-2565

Submitting Olice Buffai

[J Being Investigated

[SEARCHED.

INDEXED

SERIALIZEO.

MY MAN) 4197

FBI BUFFALO

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## Page 236

FD-350 (Rov. 11-11-75)

(Mount Clipping in Space Below)

Law Day thoughts

The Niagara Falls Bar Association celebrates Law

Day today with an observance on the thome "200 Years

of Liberty and Law.

We don't know, as this is written, what the lawyers

and their guests are going to.say on this theme, but our

own thoughts are gium.

It is true that the nation has survived for 200 years and

so have many of the liberties of its citizens. But the

liberties promised to alf citizens by the Constitution and

the Bill of Rights are by no means secure for all citizens

at present, and we can't heip thinking the Constitution

itself is in jeopardy.

JUST THE OTHER DAY, for instance, the Senate

Intelligence Committee released its report on

Central Intelligence Agency (CIA). Once the Committee

had agreed to censor out such controversial data as the

ClA budget, the report was greeted with what amounted

to a yawn. Observers beliove Congress will do nothing

this year (il ever) about reform or U. S. intelligence

operations, and of

course President Ford, like his

predecessors, is quite content to keep full authority over

the CIA in his own hands.

We find this troubling. The Senate and House Con-

mittees, and other investigations as weil, have rovealed

many instances ir which the CIA has abused the rights

ci American citizens and has acted abroad in ways that

we believe are deeply inimical to American traditions.

A few days from now, the Senate Committee will

publish its report on domestic intelligence operationa. It

is already pretty well documented that the FaT.

the

principal domestic intelligence force, hes repeatedly

and massively

violated

Uberties

supposedly

guaranteed to amaricans by the Constitution and the

Bill of Righis. Yor obeervers expect there will be no

stronger imperus for reform of domestic intelligenes

than there is for reform of the CIA.

We are frightened by this lethargs. It is true that

many of the worst abuses of the CiA and the FBi have

been discontinued. But if the institutions themsolves are

not reformed. how long will it be before a whole new. set

of abuses

arises? if

Presidents and

FOl and CiA

directors, through carelesoness or malice, could permit

intelligence agencies to abuce citizens in the past, vinat

is to prevent them from permitting them to do so is the

huture? Nothing will prevent them. less Congress does

constituriona!

duty of

overseding

intelligence

operations with the express intention of

safeguarding

the righto of all citizens under the Constiaon and is

Solut nights

WW 54965 DocId: 32989503 Page 236

(Indicate page, name of

newspaper, city and siaté.!

10A

NIAGARA GAZETTE

Niagara Falls, N.Y.

cc Bureau

1. - 80-1873

Date:

14/30/76

Edition: Daily

Author:

Editor:

Tille:

J, Hanchette

SENSTUDY

Character:

or

Classification:

Submitting Offico:

7 Being Investigated

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WHAT SEEMS TO BE at the bottom of this

congressional and presidential lethargy is an unex-

pressed contempt for the Constitution and the law•

because it is sometimes inconvenient to observe them.

One would have thought, for instance, that "executive

privilege" would have been thoroughly discredited after

ex-President Nixon's abuse of it. Yet President Ford has

been invoking it again and this pernicious doctrine -

which has neither constitutional nor legal foundation -

seems to be accepted by Congress, the President, and

even (with qualifications) by the courts. There seems to

be a consensus in Washington that the convenience of

"executive privilege" is more important than law or

Constitution.

In similar fashion, Congress and the President seem

willing to overlook the transgressions of the CIA and the

FBI because it is convenient to let them do as they .

please.

It is

convenient, in other words, to let official

lawlessness flourish.

terais reason to be glum this Law Day.

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FD-350 (Rev. 11-11-75)

(Mount Clipping in Space Below)

-The editors notebooki

We mamot

P2OSD

our society"€

stain

By BURT BLAZIR

E/litce

Big Brother seems to have been

alive and well in this country for lo

these many years-and duesn't that

fry you as well as scare you?

It does ine.

"Th? story has been leaking out

for munths in dribs and drabs. Now

the Senate Seleci Committee on In-

an ince has chirated a lo-th

study by buring activities of the

FEI, CiA, IRS. Anny Intelligence

and outers.

Those agencies have created files

on chore thon had a mallion Unted

Sates citizens, peered nearly 259,-

oru pieces di firsi-class moll.

monitored miltons et

reiagrams

and deerseas teiepbone cailo, listed -

26,00n citizens for cctuation in a na-

tional emergency and subjected

many private citizens to secret ha-

rassment

and

lọ programs

designed to disrupt their lives and

destroy their reputatiovis..

Incredible. Maybe it's not quite

as bad as George Orwell satirized

in his 1910 novel, "les)," when ha

envisioner a Big Brother vethi

all of us wherever we were. But for

certr'" groups and individust, it

has beun close.

For som of us, it nocens that our

bruinwashing hes finally been re-

paired.

That began fur my middic-ar.d

generation with history books that.

suggested the United States was

the one realig tree country in the

- word. We always wore the Tieroes'

(Indicate page, name of

newspaper, city and state.

4

STAR-GAZETTE

Elmira, New York

ce Bureau

1 - 80-1875

Date:

5/1/76

Edition:

Metro

Author:

Editor: BURT BLAZAR

Title: SENSTUDY.

Character:

or

Classification: T62-2651-04

Submitting Omice.

BUL1a.L0

[J Being Invesrigated

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FBI BUFFALO

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## Page 239

waite hats; the ethers wore black

ones.

Eversthing our government- did

was for the protection of its citi-

zens.

Police states: Russia, of course.

And later China and other Commu-

nist

countries.

Full of spies.

Checks on the individuals. Phone

taps. Secret files. Covert political

activities te

keep the present ad-

ininistration in power.

But not the holier-than-ihou gov-

ernments of the United States.

Ncier. Te were too

ethical,

pure,

too

too faithful to democratic

ideals.

yen when some people began

complaining about surveillance and

harassment back in the late 1910s

and lJols, my generation scotted.

"They're fantasizing," we said.

"They're maling

excuses,"

we

said. "Ignore them," we said.

But now the Senate committee

says we were wrong, that it hap.

pened then and was still happening

until just a short time ago.

, Phs-EEl and the CLA have been

hurt mest, particularly the FBI.

Until Watergate, the bureau had

been considered the most pristine

of all law enforcement agencies.

• From J. Edgar Hoover on down,

FBI agents were regarded as being

like TV's Untouchables.

Uncorruptible.

Above the

mundane details of politics.

rock of the anti-crime crusade.

Now the bureau has nearly hit

bottom.

An effort is being made to polish

the image, and hopefully it will

succeed. But, it's going to take

time, and that image will never be

quite the same again.

The reason is obvious. We have

been burned.

No one apparently was immune

during the height of surveillance

activitiés.

The National Association for the

People

and the late Dr. Martin Luther

King were targets for as long as 25

years. So were such disrrse ele-

ments as the Ku Klux Kian, the •

Juhn Birchessic, the feminist

NW 54965 DocId: 32989503 Page 239

movement, senators

and elen

former President Nixon.

Not only that, but a lot of the ha-

rassment seems to have been

instigated by presidents or their

aides. And if that didn't destroy any

illusions we had leit, then nothing

Where do we go from here?

• The Senate committee has sug-

gested restricting,

investigative

activities of the IRS, CIA and FLI,

among others. That probably will

be done in time, and the sooner the

betier.

• Beyond that, we nced a change in

attitude among ágencies who have

operated in a vacuura apart from

the rest of us. Maybe even abova

uS.

Those agencics must recognize

that they are the servants, not te

masiers,

and that this is not a

police state.

They must reaffirm that they will

not abridge any rights, no matter

who orders them to.

Then-ard only then-will ig

have taken our first step toward

cleansing the stain on our scatte

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## Page 240

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

Atten

(Mount Clipping in Space Below)

Senate Report Details

Dirty FBI Campaigns

Associated ares.

WASHINGTON, May 5.

FBI headquarters ap

stagger

beginning

range for

in 1956

with

(dirty campaign to disrupt and discredit US. organi

Zations ranging from the Black Panthers to Antioch anything

College, according to a new report on the bureau s

against

HBI

use of

dangerous,

Or blatant

port with at renewed

call tor

the, Senate Intelligence, Com

creation offva, congressiona

said many sof ther ac-

panely to oversee intelligence

tions approved during a 15-year

operationand a special prose

period ending in 1971may

a cutor top nvestigate

have violated specific criminal

possible

criminals charges aga

offi

Statutes, while others involv

cials involved, in in

gence

ed risk of serious bodily injury

abuses.

or death to the targets

Chairman Frank Church (Da

Ida. coupled release of the res

THE REPORT outlined: Coin

ste/pro operations

techniques

becomer!

each subseg

restrained

pro

the report sa

Cointelp.

Ntactics, de

in the repor

yangtymoushetterst

ropouses:

printidelity o

encouraging warfare between

rival

groups nave been prev

reported. a

report quoted internal

Department documents

ing that: Cointelpro ac

laws against mail fraud

ortion.

ugh FBI w

Côi

inte pro

rotect the

and prevent

it said that

therunex-

mia or premisen of

f Cointelpro is that ther

pureau has a role in maintain.

existing, social Order

those who

that order.

EASE

porta

N EXAM

ted- FBT

TWO

the re

Cointe

ration

pro

obvious

it he

alf the Cointelor

approved during

muscory were direc

communist party By

60%, Cointelpro

d expanded to

vention of Comr

A of mass organiza-

ging trom the NAAG

cout troop

(Indicate page, name of

newspapes, city and state.)

33

BUFFALO EVENING NE

Buffalo, New York

Date:

Edition:

Author:

Editor:

Title:

5/5/76

Late City.

Complete

SENSTUDY

Character:

or

Classification:

162-2665-

Submitting Office

Buffalo

_ Being Investigated

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'SERIALIZED

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6.1976

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## Page 241

FBROFFICIALS

in the report as

most,successful Oc

gram was against

Klan. the report

Mused, compa

techniques thatic:

of serious physic

or economicidama

gets. in dealing. w

Dur wadded tha

pro program aime

FBi considered

alist! groups rans

Black-Panthers to

Christian Leader

ence

Mccused suc

extensively.

At least four as

against. wor

broken marriage

to have resulted

pro tactics ain

groups, the report

Accordingato, th

the

the New Left after student riots

in 196865

NW. 54965

DocId:32989503

Page 241

imentary evidence.

ious attorneys:

rgeneral

sers to presidents. mem:

nof the House Appropria.

Subcommitteen sand

Cabinety

wered told about

itelpro: operations against

Communist party dand Ku

× Klan:

of thosen documents

itioned a

more quesuonable

quesiused by the FBi and

*evidence that offi

he FBl had been

other Cointelpro

stams

the report said.

report.

added, however

vesthere is no record

9 of theser officials

more sand none

them:

expressed

approval based

tion they were

on the infor

given:

cointelpro was

terminated. in

after

docu

ments stolen

man FBID

in Media,

APar

, began -

earing tin the

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## Page 242

FD-350 (Rev. 11-11-75)

I. SAC _

2. ASAC_

m

3. Sec. Sugvr.

1.. Desk 4.

5. Desk 5

Ex Desk 6_/

7.LASHN

(mount Clipping in Space Below)

FBI Played Media,

Senate Unit Says

@ New York: Times Neus Service

WASHINGTON

— The photographs depicting a radical

group's

apartment

dederal Bureau of Investigation

shambles with lewd.

asse chai

repeatedly and

covertly

at-

and revolutionary

slogans.

tempted to manipulate the news

displayed on the walls."

media in an effort to influence

public opinion and discredit

-The Washington bureau

chief

major

news

citizens and organizations that

were its "targets," the

Senate

organization was allegedly

Select Committee on

given

discrediting

information

about the

Intelligence Activities reported

lassyer

defending

on Wednesday.

Daniel Ellsberg in the Pentagon

The committee's report on

papers case.

domestic intelligence activities

presented evidence of pervasive

and frequently

successful

et-

bureau's

(counterintelligence

forts by

the FbI to use the

inedia to attack such targets as

Rev. Dr. Martin Luther King

Jr. and groups and individuals.

in what,

are described as the

"yes" left."

These are examples from the

report of ways the FBI sought

to influence media reports:

-Through a

"good friend"

who was chairman of the ocard

of a national magazine,

the

ureau's crime records divisio

bureau

killed an

unfavorable

maintained

"covert

liaison"

article about the bureau due to

with the news media to advarce

appear in the magazine.

two main domestic intellizence

-FBI

officials

approached

bjectives: "(1) providin

reporters. including one from a

erngatory information to th

major magazine,

offering

to

media

intended to

generally

play

tape

recordings "em-;

discredit the activities or ideas

barrassing" to Dr. King.

oi

targeted

El'OupS

of in-

—A

freelance

writer was?

dividuals; and 12, disseminat-

furnished by the bureau

with

ing unfavorable articies, news

releases

and background in-

formation in oider to disrupt

particular activities

During the committe's lear-

ings, a former direcior of the

crimes records division testified

that

he

kept a list

of the

burcau's "press friends" in his

desh. Thomas E. Bishop also

said that the FBI sametimer

cappelare

milia

reporters critical di the bureau

or lis direcior.

Bishop said that as a general

tule. the bureau gave out only

"public record intormation" out

ihat

this coidd corci altrost

this india fies tal

targeted indivional"

NW 54965 DocId: 32989503 Page 242

(Indicate page, name of

newspaper, city and state.)

12

COURIER EXPRESS

Buffalo, New York

• Buroan.

Date:

4/29/76

Edition: Four Star

Author:

Editor:

Title:

SENSTUDY®

Character:

or

Classification:

62-266550

Submitting Office: Bui12L0

_ Bring Investigated

SEARCHI

THING

SERIAL ZED

#HAHA AHA2U1978

FEL BUFFALO

SACLAST L

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## Page 243

FD-350 (Rev. 11-11-75)

(Mount Clipping in Space Below)

Rights Held

Violated By

Snoop Groups

Computerized Index

WASHINGTON (UPI) - The

Senate Intelligence Committee

Discussing

the

type of

reporled

on

Wednesday

that domestic spying

it was

con-

abuses of power by

C.S. in-

cerned about, is said the CIA

telligence agencies have vio-

opened

and

photographed

lated the constitutional rights of nearly a quarter of a million

miltions of Americans.

first-class letters in the United

States from 1953 to 1973, "pro-

In a 396-page report titled

"Intelligence Activities and the

ducing a CIA computerized in-

Rights of Americans," the pan-

dex of nearly 1.5 million names.

el said the CIA, FBI, IRS, Na-

Other statistics covered hun-

dreds of thousands

of

tional

Security

Agency

and

sur-

Army intelligence violated

reillanre files within other

agencies.

privacy, lawful assembly and

other rights by break-ins, wire-

The report made

96

taps, and buggings, mail open-

recommendations

reform

which

two

ings, physical surveillance and

committee

members - Sens.

harassment.

John Tower, R-Tex., and Barry

"The committee's fun-

Goldwater,

R-Anz.

-

sidered so

damental conclusion is that in- fused to sign

sweeping they re

the

document.

telligence

activities

have , They also had refused to sign a

undermined

the

constitutional

righrs of citizens and that they report issued Monday

on U.S.

foreign and

have done so primarily because

telligence.

military in,

of checks and balances designed

by the framers of the Constitu-

The report -aid the sps

адел-

tion to assure accountability

cies introduced a

"Big Brother"

have not been applied," the re-

element into American life.

me goo many people have beei

NW 54965 DocId: 32989503

1. SAC_

2. ASAC_

2. Sea. Supvr. Up

.. Dost 4.

USA 5

&. bask

7. LASHIO

Page 243

(Indicate page, name of

newspaper, city and state.)

COURIER EXPRESS

Buffalo, New York

ce Bureau

Dạte:

4/29/76

Edition: Four Star

Author:

Editor:

Title:

SENSTUDY

Character:

Classification: 62-26650%

Submitting Office: Buffalo

Being Investigated

SEARCHED

SERIALIED M

#4 APA 2 y 1976

FEL BUFFALO

SACCLAST N

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## Page 244

"Ive an e

government agencies

sie men an a to pretente will broad

pue in it sation has been ever no efore smeart!

" powers. Congressional support;

on

behalf

of

a hostile

• foreign

power.

- Legal prohibition agains

he CIA, NSA and Army in

"The government, operating telligence

engaging

primarily

through

secret

domestic intelligence operations

formants but also using

other

involving Americans,

intrusive techniques

such

wiretaps,

as

carefully defined ex-

microphone

"bugs,

ceptions.

surreptitious mail opening, and

break-ins, has swept

in

vast

= A ban against the CIA and

Army intelligence conducting

amounts of information about... any experiments on humans,

the personal lives, views and

associations of

American

including experiments- with

citizens.

i, drugs.

Forbidding the IRS to

"Vicious Tactics'

"collect any information about

•Investigations of groups:

the activities of Americans ex-

deemed

potentially dangerous

cept for the purposes of en

i and even of groups suspected

forcing the tax laws.'

associating with potentially

Political Probes

dangerous organizations - have

continued for decades ...." it

In its survey of intelligence

said.

files on Americans, the report

said the FBI alone "has de-

"Unsavory and vicious tactics

veloped over 500,000 domestic

have

been

employed

including anenymous

to break up marriages, disrupt

meetings, ostracize persons

from their professions."

The report said

and the IRS developed 11,000

, between 1969 and 1973.

recommendations

than tas,

vestigations

' s criteria."

crime, narcoties or other law

enforcement investigations un-

related

to domestic security

activities" or to hamper

counterintelligence operations.

Checks, Controls

The

recommendations

covered a wide range of checks

and controis, including:

- A ruling that "there is no

inherent constitutional authorits

are to are in

- Creation of a Jew

NW 54965. DocId: 32989503 Page 244

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## Page 245

ND 350 (Pov. 11-12 751

(Mount Clipping in Space Below)

rol Planted News Items Derogatory

To These li Opposed, Panel Reporis

Tion tow's Wire Serices

Records Division, which was

editor "information to supple-

WASHINGTON, April 20 -

responsibie for press cuntac

ment that already inown 1o

The 1Bi olter planted deroga-

as saying he kept "a list of the

him from public sources con-

tory news stories -

alony-

bureau's

"press friends' in his

cerning

subversive

influences

mousiy or chrough "frienly"

desk.

in

the Atlante peace

neer ben been on

I he report

said the fit

movement."

ainuas it opposer, the Sonate

"tooks

advantage.

o1 a

Close

-An FBl agent in Chicago

(crimittee

I'C-

relation has with a hich cried

contucted a

reporter for

weard wednerdar.

of a major national mazazine"

major newspaper

"In arrange

"Typicalio, a local FBl agent

10 squelch an unfavorable arti-

proudle ares de information to a

for

publication of an

article

cle ahout the bureau. The same

which was experted to 'greatly

'Iriendly news source'

oit the

contact was used to forestall

encourage

conducion hai she bureau's

publicalion of an article by Dr.

factional

an 3д0-

nisme during the 5DG Stadents

interest in there mallers is to

King.

for a Democratic society)

kept it

the

strictest

Other cases cited in the re-

confidence,' " the report said.

contention."

port included:

-a news release was ple

It suid the targets included

the late

Dr.

-An

attempt to discredit

Jared noting that the son of

Mertir Luther

Leonard Boldin, one of the dc-

"couple

ring Jr., the civil rights move.

fense attorneys for Daniel Flis-

Communist Party movement"

"Nient in general and Vietnam

berg in the Pentagon Papers

had been arrested on a drug

Var opponents.

case in the early 19705.

charge. The release noted that

The report quoted Thom-

- An FBI memo that said

as

Red Chinese have long

Bishop,

former

the Atlanta field oifice of the

hea a or" the FBt's Crime

narcotics to held weaken

FBI gave arionelynewspaper

the youth of target countries.'

1. SAC

?. ASAC_

Sec. Suevr. y

Rask 4

: 83k 5

7.LASH

NN 54965

Doold: 32989503 Page 245

Indicate page, name o

newspaper, city and state.

11

BUFFALO EVENING NEWS

Buffalo, New forl

co Bureau

Date:

4/29/76

Edition: City

Author:

Editor:

Tille:

SENSTUDY

Character:

or

≤62-256552.

Classification:

Submitting Office:Buffalo

[ Being Investigated

SAC UNDR

---

## Page 246

21-150 per 11-11-753

(Mount Clipping in Spoce Below)

Senate Fight Ahead on Issue

Of Intelligence Panel Power

We led Press Irternational

The oversight committee ap

WASHINGTON, April 23

proved oy the roies committes

Proponents of tighter congres-

sional control of the U. S. intel-

" tree can sed of 13

ligence comicanily vow a

ritalit in fraid füs i the Sen

major light in the Senate May

ate Armed Sorces, Foreig

10 to restore alrong reforma

procals aricated in the Sen

ale Rules Conmillee on

Wednesday.

But the prospect of the Sen-

ate creating a lough, new over-

sight voinitree to moniter the

spy agencies, sources concede,

paris which critics tay have

been neglectful in the past. It

would share jurisdiction over

the agencies with the four other

committees o an

Is Incartom at best.

Ins May 10 dale vas set to

accommodate

sen.

Frank

I study or Intelligence oper

alorcemen

Church (D., Ida.), chairman of

the Select Committee on Intelli-

James

gence, who will be away front

Washington

campaigning

for

Ala.)

persuaded

the presidency until then.

waiving

investigation of ans

subject it

THE SENATE RULES Com-

deemed

mittee voted 3-4 Wednesday to

studied

establish an

intelligence over-

snonths.

sight committec.

But

critics further

ries see the clause a a

"escape

say the panel would be ineflec-

avoiding oversight duties.

tual. The Intelligeace Commit-

Sen. Philip

A. Hart (D.,

tee wants a joint congressional

Nich.), a member of the select

committee with both budgetary

committer,

said he believes

and

strict oversight

control

enougi senators will support

over inteiligence activities.

publication of

Sen.

Dick

Clark (D.,

Ja.),

the

aggregate

annual intelligence budget fig-

who fought during two drafting

ure, but probably will not sup-.

sessions

for a

strong panel,

port tough reforms.

called the Ruics

Consiniltee

liut the select

product

committee's

''a repudiation" of

recommendations

chief counsel, Frederick A. O.

developed

Schwarz, predicted: "We may

during the Senate's 15-month

lose in the Rules Committee,

probe or intelligence agency

but we'll win on the Senate

abuses

wfleer."

1. SAC

2. ASAC

3. Sec. Sugur.

4. Rosk d

8. P22: 5

&. Bosk 6

NW 54965 DocId: 32989503 77399/345

edisper, ca, and state.)

11

BUFFALO EVENING NEWS

Buffalo, New York

cc Bureau

4/29/76

Date:

Edition:

Author:

City

Editor:

Title: SENSTUDY

Characters

62-2665-53

or

Classification:

Submitting Office: Buffalo

L Being Investigated

fitt

SAC(L15T)

---

## Page 247

FD-350 (Rev. 11-11-75)

(Mount Clipping in Space Below)

Panel Propoces to Curs

Domestic Spy Projects

Associnted Prese

-That the FBI be required to

WASHINGTON,

April 20 -

get the attorney general's ap-

The Sonate Intelligence

Com-

Dova belerausing an

mittee

Wednerday

called

for

Icgislation

specitically

forbid-

informer.

—That the IRS be forbidden

ding a broad range of domestic

to

"collect any

nformatic

intelligence operutions.

The

major

proposals

included:

nexce a tortie up me

enforcing the tax laws."

my ruling that "there is no

inherent constitational

author. to

That the NSa be required

obtain a

warrant

ity for the President or

any

monitoring.

"any

intelligence agency to violate

tions

ommunica

from

or

about a

the taw."

American"

unless

it involves

-Creation of a new perma-

foreign suy or terrorist activi.

nent Senate

intelligence over-

sight committee with broad re-

_That all

view and enforcement powers,

-That the CIA, the National

Can are at the is cal

data collected

Security

Agency

(NSA:)

and

destroyed.

military intelligence agencies

be barred

from domestic se-

curity activity except in cases

involving their employes.

Ariz.), considered the propos-

- That the FIl be required to

als so sweoping they refused to

obtai a judicias warrant be-

sign the document.

They also

fore using wiretaps, breaks-ins

had refused to sign a report is-

or mail openings

in domestic

sued Monday on U. S. foreign

investigations,

and military intelligenie.

1. SAC

2. ASAC_

Одое

3. Sec. Suerr.

4. Deck 4

5. Desk 5.

& Desk 6-

7.LA1SHI

WW 54965 DocId: 32989503

Page 247

Indicate page, name c

ewspaper, city and state

1.1

BUFFALO EVENING NEWSS

Buffalo, New York

de Bureau

Date:

Edition:

Author:

Edilor:

Title:

4/29/76

City

SENSTUDY

Character:

62-2655-54

Classification:ei.in

Submitting Office: Buffalo

[Being Investigated

---

## Page 248

(Mount Clipping in Space Below)

potential danceroy prai

Hot dale need e

Lawlessness by

RDi, Spy Agenies

cai views and their lifestyles

Investigarons have been based

wyom

vague

By JACK NELSON

1. 1. Times lasanaton Pod Series

WASTINGTON, April 29-The Senate Intelligence

Committee issued a chilling report Wednesday docu-

"Insavors and vicious tac-

tics have been employed - in-

cluding anonymous attempts to

up marriages, disrupi

menting a 10-year pattern of official lawlessness by

intelligence agencies during both Democratic and Re-

vote target grous to re

voke turner groups in?

Pid cou diministrations.

Il discuses that Prosident ries

The commitice's se recom-

Johnson and high Justice De- deaths."

that might result in

melications for reforn, aimed

parinent uiticials knew about.

prince at the FBl,

sume arpects of the camorin

THE COMMITTEE reported

le cecion that wald limit an

to discredit Dr. King, but toun

that FBl headquariers alunc

rol director's term to eigh

no action in end the campaign

has developed more than suJ.-

veers; prohibit a director from

or punish thore responsible.

000 domestic intelligence files.

supposing the White House with

The committee, headed by 65.000 of which were opener in

personal or political miorna-

Seis. Frank Church (D., Ida.),

1972 alone. These files are aug

con adout presidential oppo.

also blamed Congress for its mented by additional file:

anure to exercise proper over- opened in I-Bl tield ottice.

inielligence otticial more ac-

countabie for their actions.

signt and for failing to estab-

lish precise standards govern- reported almost 250,000 firsi-

ing domestie intelligence.

class letters were opened and

piyino political information to

the White House began early in

we late J. Edgar Hoover's 48-

photographed in the United

SUMMARIZING THE main

States by the ClA between 1953-

abuses it documented during a

ramitere found, but grew to

unprecedented dimensions dur-

ing the Lyndon Johnson and

Richard Nixon administrations.

"h's have seen segments of

our government, in their atti-

rude: and action, adopt tactics

unwnity of a democracy, and

ocrismaily reminiscent of the

tacries' of totalitarian re-

investigation,

73, producing a CIA computer

ized index of nearly 1i, millior

names: at least 130,000 first-

"Too many people have been

class letters were opened and

spied upon by loo many gov- photographed by the FBI he-

ernment agencies and too

much information has been col-

government has

individuals were indeyed.in a

CIA computer system and

often undertaken

the secret

separate files were maintalud

surveillance of citizens on the

on 7200 Americans; milions ci

basis of their political beliefs,

private telegrams sont frim,

even when those beliefs posed

to, or througn the United States

no threat of violence or illegal

were obtained by the Naticnal

acts on behali of a hostile for-

Security Agency from 1947 io

noi only numerous lies by gov-

ernment officials. but the insti-

rutionalizing of lying and other

deceptive p'actices by the FBI

and other agencies to cover un

official lawlessness.

it criticizes attitudes of high

government officials in condon-

ing or encouraging lawlessness

in the name of national securi-

ty and details specific cases of

including the FBI's

irtenrive campaign to discredit

29 1996

Martin Luther

"The government, operating

primarily through

formahts, but also using other

intrusive techniques such as

microphone

'bugs'

surreptitious mail openings and

break-ins, has swept in vast

amounts of information about

the personal lives, views and

associations of American citi-

ment with three U.S. telegraph

INVESTIGATIONS

lawful

activities

of

peaceful

groups have continued for dec-

ades, the committee said. cit-

ing the case of the National As

sociation for the Advancement

of Colored People.

"INVESTIGATIONS

groups deemed potentially dan-

gerous — and even of groups

suspected o1 associating mien

1

BUFFALO EVENING NEWS

Buffalo, New York

ce Bureau

Date:

Edition:

Author:

Editor:

Titie:

4/29/76

City

SENSTUDY

Character:

or

Classification:

<62-2665-53

Submitting Office:Buffalo

_ Being Investigated

Tann

Latr

SAC(NAST)

NW 54965 DocId: 32989503 Page 248

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## Page 249

The NAACP was investigated

The committee cited somest

to determine whether it had the most

Justice De- ard Helms

Former CIA Director Rich-sue nature of this project be-

seriously

cause he

"would

"conneetling

with's

the

partment officials of Democrat-

questioned the lemaity of the

rather

not

Communist Party. The investi-

ic administrations for their Direar CIA New York madl

know anything about 1s,'"

the

ramidtre said.

jeris alton Dating was

que tapalin intelli-

do tita radio deal breace le

1918.3

"Atrauzi

ig such

guire practico.

susanad to

round to rebut an FBI report

In September 1907, Aliy Gen.

Dulles, had

"Dado vis legal

•lus aui-

during the first year of the Ramsey Clark directed the FBI

feare with (it)."

tude appears in have been all

investigation that the organiza.

to

"use the

maximum

Former Asut. FBI Director

Do cumper among tenor goy-

tion had a "strong tendency" in sources, investigative and intel-

ernient officials.

William C. Sulliven, who par-

"steer clear of Communist ac-

ligence,

tivities."

to collect and report

icipated in the Gratting of an

THE

intelligence plan

which

pro-

FBI DIVELOPED 2

all facts bearing upon the ques-

vided for huralaries and other

special filing cratem for memo.

tion as to whether there has

randa

written

THE

COMMITTEE

about

cited

illegal

methods, told

the

illegal

been or is a scheme or conspir-

these

techniques, such as breakins.

exampies

acy by any group of whatever

committee:

House's ust of the FBI for po-

Under this syscm-which was

litical purposes:

tion, to plan, promote or aggra-

"THE ONE TING We were

referred to as the "do not file"

procedure-authnrizing

a President Roosevelt asked vate riot activity.",

concerned shout was this: will

the FEl to put in its files the

ments and othur memoranda

this course of action works, will were filed in special safes at

names of citizens serding tele-

SUBSEQUENTLY,

it ge; us what we want, will we headquarters und field offices

grams to the White

opposing his national defense

House DoaT' for civil rights,

reach the objcctive,

that we until the next annual inspec-

policy and

desire to reach? As far as tion, at which time they were

supporting Col.

pressed concern that the FBI

legality is concerned, morals to be systematicully destroyed.

Charles A. Lindbergh.

probe was too narrowly focused

or ethics, (it) was never raised

In attempting to esplain why

-President Truman received

by myself or anybody else Mugal activitics were advocat-

inside information on a former

groups and persons suspected1...

I think this suggests ed

Roosevelt

aide's efforts to

statutory

influence his

really in government that we tee said:

and defended, the commit-

appointments,

are ameral."

"The impact of the attitudes

labianion, negotiating plans,

Clark reiterated Mr.

it times intelligence officials and actions oi government offi

and the publishing plans of

Doar's view and told then FBI

authorized acts that they ac- cials in supervisory positions.

Director J. Edgar Hoover that

knowledged in writing were Presidents,

and congressmen-should

-President Eisenhower re- black nationalist organizations,

For example, in 1954 a Hoov- be discounted.

ceived reports un purely politi-

SNCC (Student Nonviolent Co-

er aide sent the FBI director a

social contacts with ordinating Committee) and less

"Iheir occasional erdorse-

memo waich recommenced tient of such activities, as well

foreign officials by Bernard

publicized groups should be de-

hotel as the atmosphere of

Baruch, Mrs. Eleanor Roose-

veloped and espanded to deter-

room of a suspected Commu- permissiveness

velt and Supreme Court Justicel mine the size and purpose of

these groups and their relation-

nist sympathizer:

"Although such an installa- security

ship to other groups..

tion will not be legal, it is be- or results clearly contributed

tion had the FBI wiretap a con-'.

The committee reported that

i lieved that the

intelligence o the notion that striet adher.

gressional staff member, three

I information to be obtained will ince to the law was unimpur-

executive officials, a lobbyist

when he was attorney general,

necessary and desirable."

Robert F. Kennedy

and Burke Marshall, when he

Mi. Hoover approved the in-

received the fruits of a FBI

was assistant attorney general

"tap" on Martin Luther King

for civil rights, knewy

Jr. and a 'bug' on a congress-

some aspects of the FBI cam-

yielded

paign to discredt Dr. King.

political

Disregard of the law by intel-

officers was seldom

ON SOME OCCASIONS high-

er officials avoided

with the question of law oi

ethics by reinino to be informn-

nature.

-President

Johnson

asked

the FBI to

conduct

"name

checks"

of his critics and of

members of to: staff of his 1964

election opponent, Sen.

Barry

Goldwater (R., Ariz.). He also

requested purely political intel-

ligence on his critics in the Sen-

ate,

and received

extensive

intelligence on political activity

at the 1951 Democratic conven-

tion

from

FBI electronic

They Day del hit abou tre

-President Mison authorized

a program of wiretaps which

produced for the While House

arelared eos ma-

lionel comerity, including infor-

mation dust a supreme Court

The committee cited numer- 1

ous cases in which officials ra.

tionalized unethical of illegal

conduct, usually in the name of

National security.

NW 54965 DocId: 32939503 Page 249

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## Page 250

FD-350 (Rev. 11-11-75)

(Mount Clipping in Space Below)

Repor Traces

FBI War' on

Black Panthers

Front jew's Wire Services

•, WASHINGTON, May 6 - The FBI provoked and

encouraged bloodly gang warfare between the Black

Panthers and rival groups in hopes of neutralizing the

organizations or killing off the leadership, a Senate

Intelligence Committee staff report said today.

At least four gang-style kill-

Art Jefferson, the committee

ings in California in 1969 were

staft member who compiled the

linked to FBI provocation, and

report,

told

reporters

that

investigations showed FBI cov-

the bureau targeted the prem-

ert actions against rival black •

ises of a Chicago Black Pan-

ther apartment for a local po

groups "clearly were aimed at

continuing the conflict-to keep

lice raid in which two died in a.

them busy lighting each:

other."

gun battle the same year, the

report said.

FBI INTRIGUES

extended

The

supplemental

report,

across the country and even to

prepared by the staff of the

Algiers to disrupt the activities

Senate Intelligence Committee,

of Eldridge Cleaver and other

was titled "The FBI's Covert

exiles

living

there and

in

Action Program to Destroy the

Europe,

Black Panther Party." It cata-

Jane Fonda and other enter-

logued FBI

tactics ranging

tainment

personalities

"who

from

anonymous hate letters

spoke in favor of Panther goals

and scurrilous propaganda to

"or

associated with, members

fingering black leaders for kill-

became the targets of FBi pro-

ing by one side or the other.

grams," the report said.

intormation on the FBI

The FBI even disrupted free

"marking" the Chicago apart-

"Breakfast for Children" pro

ment where two Black Panther

grams sponsored "by the Black

leaders were killed during a

Panthers and succeeded in hav

raid apparently was not

for-: ing

a Catholic priest transfer-

warded

at the time to ther

red from his San Diego parish

Chicago district attorney inves- i

because he

permitted

the

tigating the FBI's roie in the

church to be used as a free

operation.

• food site.

4 * =

THEN DIRECTOR J. Edgar

The FBI concocied and

anonymously distributed copies

Hoover decided in September

of

"an imflammatory Black-

1503, the report said, that the

Black Panther Party

consti-

Panther coloring bne's for chil-

dren."

tuted "the greatest threat to

the internal

security

of the

country." By the following year

the parly was

"the primary

focus"

for 233 of 205

actions

against "black nationalists."

The report said the FBI used

anonymoys notes

and inform-

ants in sow dissension benween

rival black groups, and glowing

ribNics feic

cited

between

"ALTHOUGH THE claimed

purpose of the bureau's Cointel-

pro tactics was to prevent vie-

lerice,"

the report said,

"some

of the FBI's tactics were clear-

ly intended to foster violence

and many others could

reasonably huve been expected

taranturit

field citices and Fil headca?"-

ters when covert operations re-

name o

newspaper, ci, and state.

7

BUFFALO EVENING NEWS

Buffalo, New fork

co Bureau

1. SAC

Z. ASAC.

3. Sec. Supr. OM

4. Besk 4=

5. Desk 5 W

a Desty 8176

Eatin: 454 IT

Editor:

Title:

SENSTUDY

Character:

or

Classificatiqn: 62-256545

Submitting Office: Bufralo

Being Investigated

SEARCHED.

_ INDEXED

SERIALIZED

_FILED

MA

7 1976

FBI - BUFFALO,

LACLLASTI

NW 54965 DooId:32989503

Page 250

---

## Page 251

mittee staer red ith offens

in the Kennedy and Johnson

administrations must share the •

blame for the FBl's campaign

to destroy Dr. Martin Luther

King.

citizens.

It said there was no evidence

that anyone outside the FBI ap- it Tou d no evidenced, however,

Dr. eins, but at conclude inst was involved

"officials responsible for super. task force is investigating that

vising the FBI received indica-

tions

that such an eifort

might be taking place and fail-

ed to take adequate steps to

prevent it.'

BUT THE REPORT, pre-

pared by the staft and not sign.

committee

members,

said the FBI under Mr. Hoover

THE REPORT said evidence

showed that:

-Atty. Gen. Robert F.

Kennedy was given a summary

of information obtained from

bugs placed in Dr. King's hotei

rooms;

LAtty den. Nicholas DeB.

Katzenbach and Asst.

• Atty.

Gen.

Burke Marshall

told

President Johnson that the FBI

had offered to play tape record-

ings of the bugs to reporters:

-The FBI offered to play the

tape recordings

for

Johnson

Jenkins;

pursued a "vicious vendetta"

against Dr. King from

until some time after his death,

trying to discregit his memory

making his birthday re national

his hotel rooms and harassing

It said Wiliam Sullivan, Mr.

him. One ploy was the anony-

Hoover's former FBI deputy, mous letter, already publicized,

described the

which suggested that Dr. King

over-all cam-

commit suicide or face disclo

paign against Dr. King

thousands

and

of other suspected

sure of an extra-marital aftair.

radicals

"a rough,

tough,

But Wednesday's report also

dirty, business

and dangerous

included new disclosures about

the smear campaign that fol

lowed Dr. King's death.

"No holds were barred," Mr.

approved sending FBI reports

Sullivan testified at committee

When Congress was consider-

containing derogaiory personal

• "We have used (simi-

information about Dr. King to

lar) techniques against Soviet

ing declaring his be salay anae

tional holiday, it said,

FBI's Crime Records Division

other government agencies.

differentiate."

"recomended

briefing

turbing attitude of unconcern

by responsible officials and a

REPEATING CONCLU. Bilbot up in commite tit

failure on their part to make

appropriate corrective meas

ished the ce reptie said pur.

THE 105-PAGE STUDY,

a Soviet agent, and had a pla

fo harass his widow as wel

NW 54965

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Page 251

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## Page 252

FD-350 (Rey. 11-11-75)

(Mount Clipping in Space Below)

1. SAC_

2

ASAC

3

Sec. SUpVrA

Desk 4

5

Desk 5

Desk 6

ZLASHL

FBI's Informant

Network Outlined

WASHINGTOX 19 - The FBI comparison,

electronic sur-

spends some $7 milion a year _ veillance was used in only 5 per

to maintain a network of 1,500

cent of the cases studied," the

paid informants who serve as

report said.

"vacuum cleaners" reporting

Paid $100 a Month

virtually

everything

The average amount paid to

observe, a Senate report said

Thursday.

informants was $100 a month,.

although one in

San Diego

Items from the informants

"reached the bureau's top in-

include lawíul political activity

formant payment of $250 per

and details of the personal lives

month

plus up to $100 per

of citizens, it said.

month in expenses," the report

The

money spent

on these

said.

domestic intelligence in-

formants is more than twice

The report described three

- that allocater for infordints

special informant programs:

corns or the senie inte

—Between 1967 and 1973 the

cording to the Senate

bureau developed a network of

ligence Committee staff report.

more

than 7.090

ghetto in-

In the past, these informants

formants to collect intelligence

have reported on groups such

on urban riots.

as the Black Panthers, the Ku

Klux Klan and women's libera-

tion, it said,

defense

plants

Confidential Sources

country as a guard against es-

In addition

to paid in-

pionage.

-Fron 1940 to 1954, the FBI

formants, the FBI also reles on - used

more than 1,200

American

Legion

"confidential

sources"

such as

"ball'ers,

members as confidential.

SCuReS to report or saiiversive

telephone company

employes

or espionage activity.

and landlords" who supply the

With

the

exception of the

FBI with information they some

Sucialist Workers

Party,

the

the course of their

report did not reveal the names

jobs, it said.

groups now penetrates by

-The 45 pace staft sludy is mie

FBI. informants. In the case of

of 13 volumes being reicased by

Socialist

Workers,

the

-the committee in support of its

report saisi the F'BI's use of in.

final report on domestis spying.

"has continued forn

The report

said

that

in-

1540 to the present das" despite

formants are

"the most

eX-

the bureau's owe

admission

tensively

used icchniques

in

FBI domestic inteiligence

in-

that

"siece shortly

aiter its

formation the SWP has

not

vestigations," figuring in 85 per

committed any vioient acts" o.

cent of the cases siudied by the

made any illegal threats

Gatheta' secounting Office.

"By.

overthrow the govetnansha

NW 54965 DocId: 32989503 Page 252

ndicate page, name

ewspaper, city and state

2

COURIER EXPRESS

Buffalo, New York

cd Bureau

Dale: 5/7/76

Edition: Four Stai

Author:

Editor:

Title:

SENSTUDY

Character:

Classification:

62-2665 57

Submitting Office: Buffalo

_ Being Investigated

SEARCHED

- INDEXED

SERIALIZED

A MAN

7 1976

FBI • BUFFALO

BAC(LASTIN

---

## Page 253

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

(Mount Clipping in Space Below)

NSA Had File:

On 75,000;

Panel Says

Reuters News-Service

WASHINGTON, May

11

The super-secret National Se

curity Agency (NSA) maintain-

ed files on some 75,000 private :

citizens including members of,

Congress and other prominent

Americans, the Senate Intelli-

: gence Committee said Monday.

The files, kept until 1974, at

. Ft. Meade,

and then de-

stroyed,

personal information gathered

from

the

agency's montoring

of •oyerseas

communications,

reports from other intelligence

agencies and newspaper cut-

tings, the committee said.

The panel also revealed that

the NSA

conducted

at least

eight surreptitious. break-ins in

the late 1950s and early 1960s,

mostly to plant

bugging

devices.

The disclosures were outlined

in a supplement to the commit-

tee's final report on foreign

intelligence

operations

issued

last month.

THE NSA, the most secretive:

of the U.S. intelligence agen-

cies, is responsible for protect

ring U.S. communications from

interception by foreign coun

tries and for producing föreign

intelligence information.

the committee did not name

the names of those watched by;

the NSA. The

files,

said,

were destroyed when the agen-

cy felt "their usefulness did not

justify the costs in time

and

money and storage space."

It said

the

files

were not

compiled for any sinister pur-

pose,

but noted that the CIA

had free and unsupervised ac-

cess to.them,

"The fact that CIA personnel

information en American cier-

to gather l

zens, during a period when the

CIA

was engaged in unlawful

domestic. activities

aimedi

against many

of

those

same

citizens, illustrates the danger

of maintaining such files," the

committee said.

ASACIN

54965

DocId: 32989503

Page

253

(Indicate page, name of

newspaper, city and state.)

12

BUFFALO EVENING NEW

Buffalo, New York

...

Date: 5/11/76

Edition: Late City.

Author:

Complete

Editor:

Title:

SENSTUDY

Character:

or

Classification:

Submitting Office

62-2665=1:6

Buffalo

Being Investigated

SEARCHED.

SERIALIZED.

UFILED

• MAY 2 1976

FBI SUFFALO

---

## Page 254

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

(Mount Clipping in Space Below)

IRS Told Not

to Destroy

Spy Files

Panel in House:

Holds Hearing on

Abuse of Privacy

United. Press International

WASHINGTON, May,1l - Internal Revenue. Com-

missioner Donald C. Alexander said today he wants.

to make "the biggest bonfire" in Washington to dest

troy 11,500 IRS intelligence files on Americans rather

than make them availalbe to.

the individuals con,

cerned.

But hẹ

was warned sternly

against destroying the files at.a

• hearing, of the House Subcom-

Panel, reveals NSA Maintained

files on 75,000.

PAGE 12.

mittee on Government Infor-

mation '& Individual Righis.

Mr. Alexander testified fol

lowing today's release of a-Sen-

ait e

Intelligence Committee

staft report which accused the

•IRS of

abuse"

"serious

and illegal

of the privacy of tax-

payers "targeted" by the White

+ House,

FBI, CIA and other

agencies in operations that in

volved:

Wiretaps,

bugs and

breakins

ASACAR

(indicate page, name of

nowspaper, city and state.)

BUFFALO EVENING NEW

Buffalo, New York,

Date: 5/11/76

Edition:

Author:

Late City.

Complete

Editor:

Title:

SENSTUDY

Character:

Classification:

Submitting Office

_ Being Investigated

62÷2665

Buffalo

SEARCHE

INDEE

SERIALED

W4 MEN 11915

FBI EUFFALO

---

## Page 255

mittee start report said the IRs

ranks

intelligence

This , an on tat Van

tors and fraud, and in accunt

"vast amounts

• which taxpayers submit volun-

•tarily the IRS is a powerful too

which other

government

de-

partments

sought to employ,'

"have periodically

the docu-

ment said.

IT SAID THIS has led to

"serious and illegal abuse of

and

THE, FILES also-allegedly

I contained information involving

Isex and the drinking habits oi

those investigated.

"What benefit would be gain-

led from incurring the substan-

tial costs jhich

would- be re-

; quire to ento suggest shat

subjects

Mr. Alexander

asked

* the House

subcommittee. He

I said the files ate "inactive, out-

would

The service carried out

audits and investigations of i

"targeted" citizens and organ-

izations,

most often

without

asking why, the report said,

Abuses extended back

through many administrations i

but reached a height during the

presidency

- o1

Richard

Nixon, it said.

except for ongoing congression-

al investigations.

He estimated it would cost

activities

$200,000 to keep the files and

make

included:

them

known to every

- Participating in the FBI's

indiyidual involved

counter-intelligence

program

Kep. Dena Abzug (D., N. y.),

by

supplying. tax information

chairman of the subcommittee,

on dissenters,

bristled and said:

"I'm telling

ists,

civil rights

black nationall

advocates,

you right now that this is

congressional inquiry

and

2300'

I put you on notice that those

files better not be destroyed.

- Initiation of a computerizec

nformatio

SHIE, SAID

that

citizons

whose privacy rights had been

illegally invaded over the years

by the IRS should know about

it.

MrS. Abzug is holding hear-

ines on a bill which would re-

quire that all persons subjected

to improper or ille«al

intelli-

gence activity by goverment

ägencies be given notice

that

they were targets and tyith the

right to find aut what the gov-

emment was. saying

about

the senate Intelligence Com-

alude

eventually..

Le Chaung out sa "of eration

against

spenders and suspecte

big

influ-

ence

wielders in Florida tha

embraced investigations

of

congressional candidate

information

officiainting habits of 30 public

officials in the Miami area:

NW 54965 DooId: 32989503

Page 255

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## Page 256

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

(Mount Clipping in Space Below)

WILLIAM F. BUCKLEY JR.

1-Dimension View of CIA, FBI

The

Church

committee report

deseryes to be taken very seriously, It

would appear to.

establish

beyond

serious question.that.the.executive has

coasted along giving

very. little

thought to questions. of law, let alone

constitutionality; when dealing with

the intelligence activities and domes-

tic security.

Moreover.

it is plain that every

president from. Rosevelt on has used

the intelligence resources of the gov-

emment for the purpose of accumu-

lating data politically useful to the

president. Not even the noble Dwight

D. Eisenhower is excepted in the new

catalogue,

The trouble with investigations of

this nature is that

not very

much

tends to be done to give the point of

view of the officials. being investigat-

ed. Every now and then you get a

situation that is simply inexplicable

and indefensible, e.g. the attempt to

induce the suicide of Dr; Martin

luther King Jr. But' there are others.

The committee cites one of many

examples of what it clearly considers

wrongdoing, such' as the decision to

penetrate the Ku Klux Klan.

Is this a correct decision? The KKK.

was branded as á subversive organi-

zation by the attorney general in one

of those lists that was so popular

years ago, It would appear to be an

organization historically devoted to

depriving American citizens of their

rights,

In one particular chapter of the

Klan, an agent.of the FBI, posing as. a

member participated in the beating

Church report omits point of view of the

officials being investigated.'

(Indicate page, name of

newspaper, city and state.)

of some of the Klan's victims.

This is a very high penalty to pay

for the reward of authenticity. But

some time later the Klan murdered a

civil rights worker and a planted FBI

Klansman appeared as a witness -

and

achieved a conviction for

murder,

Here is an example of one of the f

dilemmas of a free society. Should an

FBI agent engage in such activity? Or

are we better off leaving the Klan -

and indeed, other: organizations dis-

posed to terrorism - free to do their

durty work

without covert

interference?

What, if any, are the responsibilities

of such organizations as the CIA, thel!

FBl, and the Secret Service, when upl

against such organizations

as. the

Black Panthers, the Weathermen, the

Symbionese Liberation Army?

There was a huge outery against the!

FBI for having failed to pick up. Lee

Harvey Oswald when John F. Ken-!

ned came to town. I do not readily

see how, under the prospective rules,

any of these agencies wöuld even have t

known.

about the existence of Lee,

Harvey Oswald, let alone that he

should ibe invited to remain

out off

shooting range of American

presidents.

John. Wilkes Booth would have been

dismissed under, these rules, as an

1. SAC

2. ASAC_

3. Sec. Sugur.

4. Desk 4÷

5. Desk 5_

&. Desk 6÷

7. LASH.

121

LIMES UNION

ROCHESTER, NEW YORK

Date:

5/6/76

Edition: GREATER ROCHESTE)

Author: 'TILLIAN **:

Editor: BUCKLY, JE.

Title: SENSTUDY

Character:

or

Classification: 162-2665358

Submitting Office: Buffalo

_ Being Investigated

SEARCHES

SERIALIED

1111/

A4 lin 1 0 1976

BI BUFFALI

SACLASTIN

NW 54965

DocId: 32989503

Page 256

---

## Page 257

alconoic romantic actor whose pri

vacy we have no business interfering

2223

were that he thie is late sevies

violated,

lomatic secrets published.

It will require the integration of

these conditions in a doctrine of self

Buckley is editor of the National

Reviews

NW 54965

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Page 257

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## Page 258

FD-350 (Rev. 11-11-75)

(Mount Clipping in Space Below)

ax Report Cites Barth Role

Courley-Express Mashirston Bureau

8.000 individuals and 3,000

WASHINGTON - Former

and there astired him this

tremists for special lax audits.

will keep him advised of the

named in a new staff report of

fforts that are presently

information by

and other executive agencies.

Barth was assistant to former

Internal Revenue Commissioner

Randolph Thrower

1569 when the White House

reportedly encouraged the IRS

to examine leftwing tax-exempt

organizations to be sure they

were complying with the tax

staff report,

Barth as the contact person at

IRS for White House aide Tom

mended the special audit of ac-

The staff study said carcer

IRS employees who were ques

"unanimously named

Nir. Barth as a conduit to the

about the inner workings of the

years ago by the present com-

missioner, Donald Alexander.

"There is no evidence that

'Cannot Recall'

tablishment,"

gest, however, that because SSS

was in part a response to White

House interest in the IRS' act-

was kept advised of the specific

action IRS was taking and that

there was some feeling within

IRS that the service had made

a "commitment" to the White

House to proceed with SSS."

According to the report,

The report say's Huston stated

that he believed he had seen the

Huston's provosal early in 1909

to take a close look at left-wing

-groups by examining their tax

Dr. Arthur, Burns, who now

Board, was asked to speak with

IRS Commissioner Thrower

cern" and the two met on June

saying he had "no discussion"

with Barth regarding the es.

tablishment of a secret "Special

says, Huston advised Barth by

Service Staff'

which memorandum that the "Presi-

evolved within IRS in June 1969.

dent is anxious to see some

It was this organization which

positive action taken against

subseruently targeted some these orgailzaions "which are

Bernard Meehan, an IRS aide

is saying the minutes "are ove

Barth left the IRS in 1973 and

is in private law practice in

(Indicate page, name ol

newspaper, city and state.

12

COURIER EXPRESS

Buffalo, New Lork

cc Bureau

Date:

5/12/76

Edition: Four Star

Author:

Editor:

Title: SENSTUDY

Character:

or

Classification:

62-2665-04

Submitting Office: ButTalo

_ Being Investigated

SEARCHED.

SERIALLED

ELFI

Ka 11. 19/0

FBL BUFFALO:

NW 54965 DocId: 32989503 Page 258

---

## Page 259

FD-3EU (Rev. 7-16-53)

(Mount Clipping in Space Below)

House Airs Illegal

Missions by IRS

WASHINGTON (UPI) - The included wiretaps, bugging and.

Internal Revenue

Service

has.

breakins.

carried out illegal missions for

"In the late 1960s and earl

the FBI, OLA and White House in.

970s; many . . Were selected

a serious breach of taxpayers'

for investigation

rights, a

Senate. Intelligence

rather than

Committee staff report said on

Tuesday.

Violations."

IRiS Commissioner Donald C.

Despite

Alexander,

ineanwhile, told

Dort ste the in rets "s, the

House hearing on Tuesday he

ly suggests that more effective

oversight and new controls over

Wong like to make

"the big.

IRS intelligence gathering are•

necessary if the IRS is. to ber

used for any nontax purpose."

gest honfire"' in

Washington to

destroy 1i,500 IRS intelligence

files rather than show the files

to: the Americans involved.

The Senate report said most

of the

"use and abuse"

order's

to the IRS came from outside,

but that the agency often was

criminally

negligent.

not

•policing itself.

Some probes were orderea.on

the basis

political activity

and not because of tax, viola-

stions; the study found.

Abuses

took place

during

Democratic

• and Republican administrations,

but, reached a peak under Presi-

dent. Richard VI. Nixon, it said

Controls Needed.

"The report said an Irs special

service staff collected informa-

tion on taxpayers "targeted"' by

he White House, FBI, CTA. ano

ower agencies by methods that

Alexander, appearing before

he house subcommittee on'gov

ernment information and indivi

dual rights,

was" asked about

making the "files available ton

those involved..

What benefit would be gaine

com incurring the substantial

costs which would be required

o inform persons that they were

the subjects of files?" Alexander

said.

*Abzug Bristles-

"I would like to have the

biggest bonfire,"- he said, -esti-

mating it would cost $200,000 to

keep the files and make them

known to everyone involved.

Rep.

Bella

Abrug, D.N.Y.,:

head of the panel, bristled: "I'm

telling you right now that this

is a congressional enquiry ..

and I put you

on notice

that

those files

better not be

destroyed."

Alexander agreed to supply

the.committee with the names of.

the individuals.and organizations.

container in the files, *i

ASACAR

(ted to rai and stero.)

3

COURIER EXPRESS

Buffalo, New York

Date:

Edition:

Author:

Editor:

Title:

5/12/76

Four Star

SENSTUDY

Choracter:

Classification:

62-2665-

Submitting Office

Buffalo

• Being Investigated

(SEARCHED.

SERIALIYE)

INDEXED

7. 1978

FEL BUFFALS

NW 54965• DocId: 32989503

Page

259

---

## Page 260

FD-350 (Rev. 11-11-75)

(Mount Clipping in Space Below)

Criminals in FBI

The FBI was originally supposed to catch criminals.

Instead, the agency spent a lot of its time in the 1960s

performing criminal acts.

The revelations that are coming from

the Senate

Intelligence Committee's investigation of the FBI's

activities in behalf of "national security" are disturbing

for two reasons: first, because they make explicit the

FBI's criminal activities which had previously been

only generally known; and second, because there is no

evidence that any agents or superior officers in the FBI

have been or will be prosecuted for these criminal acts.

.. We believe those responsible for such FBI projects as

the attempt to defame the late Rev. Martin Luther King

should be prosecuted. The attempt apparently went

beyond harrassment and snooping to active defamation

of character. Similarly, those responsible for other

criminal acts (inciting to violence in the FBI's cam-

aign against the Black Panther Party; apparentl

legal methods used in the campaign against the U."

Labor Party) should be prosecuted. It's bad enough that

criminal acts were apparently ordered or permitted;

what makes it even more reprehensible is that most ol

them seem to have been directed against citizens who

were guilty of nothing except the "crime" of offending

the patriotic sensibilities of then FBI Director J. Edgar

Hoover and his chief assistants.

• PUNISHING THE GUILTY isn't enough. Something

must be done to prevent such illegal and un-

constitutional invasion of citizens' rights in the future,

This means, primarily, that the President and

Congress must accept more responsibility for the

conduct of the FBI and other police and intelligence

agencies. Neither party wants to do this now. It has been

convénient for Presidents and Congresses to remain

ignorant of what the FBI, the CIA, and others were up

to. Now that we all know what they were up to, we also

know that Presidents

and Congresses behaved

irresponsibly by remaining willfully ignorant.

Congress has got to set up a committee to oversee the

behavior of the FBI and the others. That will mean the

President will have to take care to keep himself better

informed and to see to it that intelligence activities are

legal and constitutional, or eise face censure by

Congress,

If they don't take on this responsibility, there will

surely be more illegality and unconstitutionality in the

faturer

NW 54965 DocId: 32989503 Page 260

1. SAC.

2. ASAG_

3. Sec. Supvr. OK

4. Desk 4 Gr

5. Desk 5_

6. Desk 6_

7, 2456 1p

(Indicate page, name of

newspaper, city and state.)

4A

NIAGARA GAZETTE

Niagara falls, N.Y.

cc Bureau

1 - 80-1873

Date: 5/11/76

Edition: Daily

Author:

Editor: John Hanchette

Title:

SENSTUDY -

EDITORIAL

Character:

or

Classification: -

62-2665-4

Submitting Office: Bufialo

Being Investigated

SEARCHED

SERIALIZED

A4 MAYOL L1975

FEL BUFFALO

LALLAST)

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## Page 261

FD-350 (Rev. 7-16-53)

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Spy Panel's Advice

On FBI Make Sense

By JAMES J, KILPATRICK

The Roman satirist Juvenal posed a question nearly

lawmen,

but his warning has timeless application. It

r would not suffice, he said, mere. "

ly

to post guards

around

"Jady's chambers,

the

¿because who

general and congressional lead.

ers who had weaknesses. of their

is to watch the watchdogs?"

own. Hoover's

skill was

tom

The Senate Select Committee understood

these • weaknesses"

on Intelligence,

in

recounting

and to capitalize on them.

he sins of the FBl, has sought

• to grapple with Juvenal's ques-

OUR POLITICAL structure, it

tion.

For the most part,

.committee's

the

theory, provides checks against

recommendations

the

strengths and weaknesses

make sense. Throughout the ca- of men. In the case of the FBI'S

reer of Director J. Edgar HooV-

domestic intelligence activities

e.r,

under

Democratic

ain.d

the procedures failed. The prest

Republican presidents alike, the

dents; the attorneys general, the

FBI repeatédly engaged in tac-

Congress,

the courts,

the press:

tics that were as contemptible

- none of these effectively ex

as they were unlawiul

posed or restrained the abust.of

To de sure; throughout this

power. In the flickering light ot

period the FBI also performed

I hoporably

and

efficiently

in

Communist espionage and sub,

version,

we

saW

many areas of federal law en-

forcement, Hoover's reign

con-

everywhere.

The Senate committee's

tained much that was good, But

recommendations.

will demand

in the area of domestic intelf-

study,

There

is no reason."to

gence

gathering, the

abuses

rush into their adoption. Without

were indefensible.

risking a return to naivete, we

may believe that many wise're

THIS DOES

not make the forms already have been put

abuses unexplainable. They can

into etfect. In a natural revul.

indeed be explained, in terms of:

'a pattern, as old

sion

against. the

committee's

as Juvenal's

revelations,

we

ought to guard

сидріру

WiveS:

The

abuses

against overreaction.

occurred through a combination:

Juvenal's

question, of course,

of human and

procedural

has no satisfactory

answer.

failings.

Congress were to legislate-g

It is tempting to reflect on the

hundred safeguards it ten

human failings only. Public insti

thousand watchdogs were posted

tutions are. largely the length.

to watch on other watchdogs

ened shadows of private men. J,

no

• Edgar Hoover, for all his good

system would be

fail-safe

against

greed,

ambition, lust

qualities, was a man of obses-

and misjudgment. The people's:

sive prejudice: As FBI director,

liberties never will be wholly se

he had massive powers to pur-

cure, but the pending proposals

sue them. He dealt with a suc

cession of "presidents, attorneys

will leave them less imperiled.

Washington Star Sandiest!

NW 54965 DocId: 32989503

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261

Indicate page, name of

ewspaper, city and state.

22

BUFFALO EVENING NEW

Buffalo, New York

I. SAC

2. ASAC.

-3. Sec. Supvr. Men

1. Dask 4_

-5. Desk 5

& Desk 5_

7. LASH Al

Date:

Edition:

Author:

Editor:

Title:

5/13/76

Late City

Complete

SENSTUDY

Character:

Classification:

62-2665-

Submitting Office

Buffalo

_ Being Investigated

SEARCHED:

SERTALZIAD

A MAN 241916

FBI BUFFALO.

AdLAST 10

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## Page 262

FD-350 (Rev. 11-11-75)

(Mount Clipping in Space Below)

Curing Surveillance Sickness

As tired as most Americans are of re- ideals of individual liberty and limited

peated disclosures of official lawbreak- government. That attitude is summed up

ing by federal intelligence agencies, the in the report's quotation of William Sul-

final report of the Senate Select Commit-

livan, former assistant FBI director:

tee on Intelligence Activities is still a

"The one thing we were concerned

shocker. It starkly portrays wholesale

about was this: Will this course of action

illegal acts against citizens here at home

work, will it get us what ive want? ... As

over the past 40 years by such federal

agencies as the FBI, the CIA and the IRS

far as legality is concerned, morals or

under the administrations of

ethics, (it) was never raised by myself or

Presidents from FDR to Nixon.

anybody else... I think this suggests

These agencies were used to harass

really in government that we are

amoral."

They were used to try to

i break up marriases. They tried to ostra-

That, too often, was your FBI in ac-

cize people from their professions. They

tion — and also, apparently, your IRs

and CIA. But now it's time, and past

compiled hundreds of thousands of dos-

¡siers. Thay opened and photographed

time, for a change. The Senate Commit-

tee suggests several reforms. But the

250.000 first-class letters. They sought to

movoke dissension and rivalries that

single most important one is to write this

could even result in death. And they

clear-cut principle into law:

sometimes did these things merely be-

"There is no inherent constitutional au-

cause someone in power disliked the po-

thority for ..

• any intelligence agency to

litical views or the personalities of the

violate the law."

targeted victims.

If this is the government-of-laws-not-

"Anyone who could not feel revulsion

men that the Founding Fathers intended,

at the attitude of mind reflected by the

then no future agent of the government

abuses chronicled in that report would

should be in doubt that the law applies to

seem immune to the historic American

him as much as to any private citizen.

1. SAC.

2. ASAC.

3. Sec. Supvr. M

4. Desk 5 080

7.LASH_

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113

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18

BUFFALO EVENING NEIG

Buffalo, New York

ce Bureau

1 - 80-1876

Date: 5/7/76

Edition: City

Author:

Editor:

M. C. Browne

Title:

SENSTUDY

Character:

or

Classification:

62-2655-68

Submitting Office: Buffalo

L Being Investigated

SEARCHED,

MAY1 01976

FEL BUFFALO

SAC (LNST)

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## Page 263

FD-350 (Rev. 11-11-75)

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FBT Spy Net Poses Peril

To Society, Report Says

United Press International

ing of constitutionally protected

WASHINGTON, May i - The

activity and the private lives of

FBI calis them "intelligence in-

formants." a

more elegant

Americans."

Informants have infiltrated

"term for what the general pub-

or reported on

lic knows crudely as squealers,

- among others

- the Black Panthers, the Ku

-finks or stoolpigeons.

Klux Kian,

anti-war organiza-

The murky

world of the

tions, college campuses

professional

intelligence

in-

even

the

women's

formant was penetrated for the

first time in detail Thursdav in

a Senate Intelligence Commit-

tee staff report which said the

political views of

FBI had more than 1500 under-

Cover

spies

on

a $7.4 million

payroll as of last year.

It warned that the

mass of

"IN FACT,

information on the lives and ac-

tivities

of targeted individuals

and

groups

and the methods

used

pose

"dangers to a free

society"

and said FBI

sines

guide-

should be clarified

and

strengthened.

said.

PREPARED BY the staff of

the commitiee,

A coming to records ven

the committee

which is now

1975, the FBI had 1584 inform-

completing

documentation of

its

15-month investigation

of

intelligence

agencies,

the

"re-

lar spies and so were resu

lar spies and

"probation

status"

port expressed alarm at the

establishment

extremely broad scope of FBI

reliability.

intelligence informant surveil-

There also were 649 "confi-

lance and reporting."

dential sources" and 200 "panel •

"The dangers to a free soci-

sources," it said

- individuals

ety that are implicit in the use

who furnish information avaii-

of secret intellizence informers

able to them in their positions

have long been recognized," it

in the political or business life

said. "The intelligence intorm-

sof

the community, or who

int teunique is not a precise

"would attend certain events in

instrument. By lis very nature,

order to report on them in the

it risks governmental monitar-

FBI. They are not paid.

WW 54965

1. SAC

2. ASAC

3. Sec. Supvr. yu

4. Desk 4

5. Desk 5

6. Desk 6.

7.LASH

DocId: 32989503

Page 263°

(Indicate page, name of

newspaper, city and state.)

5

BUFFALO EVENING NEWS

Buffalo, New Yoris

Date: 5/7/76

Edition: City

Author:

Editor:

Title:

SENSTUDY

Character:

or

Classification:

62-2655660

Submitting Olice: Buffalo

• Being Investigated

SEARCHED

Ibery

SERIALIZED

FILED A

#4

- МнУ 1901478

FEL BUFFALO

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10 71!

6ЛW-

CITI

ZE

1976. Bullab Eening tiews, Ine. +39G2r

'You need a new image'

1. SAC_

R

2. ASAC.

3. Sec. Supur. AN

4. Desk 4_

& Desk 6

send somet

NW 54965 DocId: 32989503

(Indicate page, name of

newspaper, city and state.?

18

BUFFALO EVENING NEWS

Buffalo, New Yorks

cc Bureau

1-62-2655-

Date:

5/7/76

Edition:

City

Author:

Editor:

Title:

BUFFALO EVENING

NEWS

Character:

or

Classification:

80-1876

Submitting Office: Buffalo

_ Being Investigated

42-24645-67

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## Page 265

FD-350 (Rev. 11-11-75)

(Mount Clipping in Space Below)

Legislators

-the report did not name any

of the legislators or foreign of-

ficials involved.

The report on electronic

Overheard

surveillance

is

one

of 133

volumes being issued by the

committee in support of its

In Wiretaps

report on domestic spying.

Evesdropping

material in-

volving members

was first sent to the Johnson

WASHINGTON I - hite House in March 1966 ir

Information regarding contacts

between members of Congress

response lo a request from the:

Jand foreign officials was picked

President "that the FBI should

up by FBI wiretaps and

constantly keep

abreast of the

bugs

"and

actions

of representatives

of

forwarded to Presidents these foreign officials in mak-

Johnson and Nixon,

to a Senate Intelligence Com-

according ing contacts

with senators and

congressmen,"

mittee staff report.

bureau

according to a

memo quoted in thea

The 79-page report released

Sunday stressed that none of

report.

the legislators was the direct protests

Johnson felt that many of the

against his Vietnam)

target of electrenic eavesdrop-

ping, but instead they were

policies, particularly hearings

in

senate,

overheard

had been

"through

the

generated by

the foreign of-

bureau's coverage

of certain

ficials, the memo said.

foreign

establishments

in

"As

result

Washington," probably em- President's request,

of the

the FBI

bassies.

The report cited the raves-

prepared

chronological sum.

mary - based in part on ex-

dropping

as an example of a

isting electronic survillances

situation in which "even pro- of the contacts of each senator

Perly

authorized electronic

representative or staff member

surveillances

directed

against

• preign targets... may result

who communicated with

n possible abuses involving

selected foreign establishments

'during the period July 1, 1964

_nerican citizens."

to March 17, 1966," the report

said.

A second summary of further

conlacts between legislators |

and foreign officials was sent to i

the White House in May 1966,

according to the report. From

then

until the Johnson. ad-

" ministration

left

office

"Di-

weekly additions to the second

summary

were regularly

prepared and

disseminated tog

The White House," the report

The practice was reis tuteall

ay the vixon administration lie!

July 1970.

1. SAC_

2. ASAC.

3. Sec. Supur. yo

4. Desk 4.

5. Desk 5.

6 Desk 6_

• 7.LASH

NW 54965 DocId: 32989503 Page 265

(ind sate pa gi, ame state.)

4

COURIER EXPRESS

Buffalo, New York

cc Burpsy

Date:

5/10/76

Edition: Four Star

Author:

Editor:

Title:

SENSTUDY

Character:

or

Classification: 62-265566

Submitting Orice:Buffalo

[J Being Investigated

SEARCHED

LINDEYED

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FEL BUFFALO

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## Page 266

FD-35U (Rer. 7-15-53)

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Jack Anderson's Washington Merry-Go-Round

• Public Deluded About FBI Break-Ins

WASHINGION - The FBI, :

-FROM OUR INTERNAL

without technically telling. an.

sources,

however,

have

untruth, has led the public to

ascertained that some top FBI.

believe its agents took part in

officials believe

the 1;000-to-

itio. more than

238

criminal

2,000 figure is a "conservative

housebreakings; The actual fig-" estimate"

of the total. house:,

breakings.

These

ure is well over 1,000 and may only; but tariese

include not.

surpass: 2,000.

These

"black bag" jobs; as

to

get

in-

formation but break-ins to in-

the late_ FBI chief J. Edgar stall bugging devices.

Hoover called them, were em

ployed principally against sus-

pected spies, organized. crime

1942 and.

BUE HOOVER also sent his tolera pro dunlousy:

agents to burglarize the prem.

ises of law-abiding U.S. citizens

sipant, disliked.

pushed the FBI hard for more

•Confidential FBI memos, ob-

tained by the Senate Intel-

complete break-in figures. The

ligence Committee,

acknowl

"committee will release a report

violated the criminal laws the

FBI was supposed to enforce.

Yet we have learned from FBI

sources that floover,

although

disputable FBI sources.

sworn to uphold the laws, per-

The FBI said the technique

sonally sanctioned more than

was used only "to obtain secret

1,000 of the break-ins

and closely guarded organiza

tional and financial information"

• NOT UNTIL 1967 did Hoover

take steps,

in a self-serving

• the most "h

a toe mose eight selectivel

memo turned-up by the Senate

probers, to end the break-ins,

cases,

wasn t his over ae leat i even oran order had be

wasn't his own idea but pres

sure from then-Atty. Gen:

ter demand that it begin with

Ramsey Clark that brought the

government.

• A 'lawless

change.

government is far more dan

The

figure

238

"sur-

gerous

reptitious entries,"' as the bur-

than

any lawless in-

dividual.

Yet in spite of the

glaries were

politely.

called;.

clear evidence that the FBI,

first appeared in an ABI memo

CIA and other agencies engaged

'to the

Senate

committee on

in illegal acts, the Senate Rules

Sept. 23, 1975.

Committee

led

by

Chairman

Howard Cannon,

D-Nev., voted

THE MEMO ACCURATELY

against

strong

but cagily reported that the 238)

these agencies.

aversight of

I. SAC

housebreakings were perpe-

trated

against

14

"domestic

2.

ASAC

subversive targets during the

1942-68 period:

But a careful

3.

Sec. Supvr. Afr

reading shows the bureau left a

hedge. Almost in passing, the

4. Desk 4_

i memo indicates the figure is

"incomplete."

5. Desk 5 17

Indeed, Hoover purposely de'

6. Desk 6_

stroyed

many of the records

dealine ith the brenno

(Indicate page, name of

newspaper, city and stote.)

COURIER EXPRESS

Buffalo, New York

Date:

5/10/76

Edition:

Four Star

Author:

Editor:

Title:

SENSTUDY

Character:

or

Classifiagon:

62-2665-1

Submitting Office Buffalo

L Being Investigated

SEARCHED

SERIALIZED

*L MAN 1 014/3

FBI BUFEALO

NW

54965

DocId: 32989503

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266

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## Page 267

FR-350 (900. 11-11-75)

(Mount Clipping in Space Below)

Report Says the FOt Has Conducted

Hundreds of Questionable Break-ins

Associated Press

FBi Directos J. Edgar Hoov-

WASHINGTON, May 10 — The FBI has conducted

er banned black bag jobs in

hundreds of break-ins,

"despite

the questionable

1966, although the Justice De-

legality of the technique and its deep intrusion into

partment has

not ruled

oll:

the privacy of targeted individuals," a Senate Intel-

their future use in foreign intel-

ligence Committee staff report says.

The break-ins,

officially

known

"surreptitious of criminal investigations," the

entries,"

were conducted for

report said.

the purpose of photographing

The report named the Ku

or seizing documents

and in-

Klux. Klan and the Socialist

stalling bugs, according to the

Workers Party as two of the

report released today.

targets of FBI black bag jobs.

report is

series prepared by the intelli-

gence panel's staff to back up

recommendations in the com-

mittee's final report.

THE JUSTICE Department

still permits the bureau to con-

duet break-ins to install bugs

and refuses to rule out the pos-

sibility of. using unauthorized

entries or "black bag" jobs, to

obtain documents from foreign

intelligence targets, the 17-page

report noted.

"Although several attorneys

general were aware of the FBI

practice of break-ins to install

electronic

listening

devices,

there is no indication that the

A PARTIAL LIST of material

Obtained from break-ins against

the Socialist Workers Party in-

cluded correspondence detail-

ing plans to obtain petition

signatures to get the party on

the ballot in the 1950 elections,

a letter sent to President

Dwight Eisenhower, a list oi

party members active in trade

unions, photographs of party

members and

letters relating

to the health of the national

party chairman.

Indicate page, name o

lewspaper, city and state.

19

BUFFALO EVENING NEWS

buffalo, New York

ce Bureau

Date: 5/10/76

Edition: City

Author:

Editor:

Title:

SENSTUDY

NW

An FBI memo cited in the re-:.

port stated that "we do not ob-

tain authorization for black bag i

jobs from outside the bureau.

Such a technique involves tres-

passing and is clearly illegal."

* socite

THE FBI was unable to pro

vide the committee with a com-

plete accounting

of the total

number of break-ins because

most records were destroyed

soon after an entry was accom-

plished, the report said.

Figures provided by the FBI

showed there were at least 242.1

break-ins

against

suspected,

domestic subversives between;

1942

and 1968 and that since;

1900

the FBI conducted more;

than

500 break-ins to install

bugs.

"Almost as many surrepti-

tious entries were conducted in

the same period against faryels

54965 DocId: 32909503

I. SAC.

2. ASAC_

3. Ser. Sueur. ger

4. Desk 1

5. brask 9-

Go Bast

7.LASH

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## Page 268

FD-35U (Rer. 7-16-53)

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NSA Spied

On Citizens,

Report Says

National Security

reportedly thes taserstive and:

ntelligence groups, unt

975 intercepted and distribute

"private international communi-

çations of, millions of Amer-'

icans,

a Senate staff repoit

said Monday:

Telephone,

Telephone telegras here in-

tercepted over a 23-year perio

without warrants or without any

legal or judicial decisions, the

50-page report said.

The report was one of a series

from the staff of, the Senate.

• Intelligence Committee

- has been investigating U.S. In

telligence agencies for more

than a year.

Foreign Connections'

Names were

filed In iNSA.

headguarters

at Ft.

Meade

Mid. of some 75,000. U.S. citizen

whose.

communications

were

subiect to monitoring the re-

port said.

"Watchlists" were maintained

linder Operation Minaret of a

smaller group of citizens whose

every overseas telephone call

or cable was intercepted and

, the information relayed to the

CIA, FBI, Defense Intelligence,

Secret Service,

Narcotics

Bureaus and other agestio:

1. SAC

2. ASAC

3. Sec. Supur. Kee

4. Desk 4

5. Desk 5.

&. Cesk 6_

NN 54965 Doold: 32969503 Fage 266

(Indicate page, name of

newspaper, elty and state.)

2

COURIER EXPRESS

Buffalo, New York

Date:

5/11/76

Edition: Four Star

Author:

Editor:

Title: SENSTUDY

Character:

Classification: (

Submitting Office

62-2665-22

BurIalO

_ Being Investigated

SEARCHIAD

SERLALIZES

A MAY T 1 1976

FEL BUFFALO

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## Page 269

FD-350 (Rev. 11-11-75)

(Mount Clipping in Space Below)

Bill to Limit Federal Prying

For months now Americans have tigate a felony offense. Strict records:

been deluged with startling disclosures

vould have to be kept, the authority t

of how

various federal agencies have proceed would be pinpointed in specifier

pried into confidential records, tapped

telephones, traced mail and otherwise have to be renewed every 30 days.

rudely brushed aside personal liberties.

lence, mail covers could not, even wher

While the disclosures themselves have

authorized initially, go on and on unre

been legion, however, new laws to pre-

viewed for years.

We are not legislators, of course, and

That absence of corrective legislation

H.R. 214 may not be perfect. Aiso, it does

is a major reason why the so-called Bill

not cover investigations for national se-

of Rights Procedures Act (H.R. 214),

curity reasons. This is an area of grave

now working its way slowly through the

abuse, too, but one in which another bill,'

committee system of the House of Repre-

proposed by the Ford administration and

sentatives, looks so beneficial.

supported by séveral Democratic leaders

Another reason is that it confronts the

in Congress, would produce reforms.

problem-the acknowledged need to in-

But the Mosher bill is impressive in

vestigate possible criminal

activities

its concept and its objectives. It has

while still protecting individual liberties

undergone hearings and won approval

-in a sensible way.

from a key House subcommittee. We

The proposal, sponsored by Rep.

urge the House, and especially its mem-

Charles Mosher (R., Ohio) and co-spor-

bers from Western New York, to give

sored by several dozen House members

* of both political parties, would not

prohibit such investigative techniques as

mail covers and wiretaps. Rather, it

would require clear, uniform

proce-

sympathetic attention.

dures designed to provide convincing

The numerous revelations of govern-

justification for such surveillance.

ment snooping have made the case for

To take one example, the tracing of corrective legislation crystal clear.

mail from sender to receiver could be tightening and clarifying and standardiz-

justified only if one of three conditions

ing procedures for federal agencies, this

were established first: to locate a fugi- bill would

suitably limit the reach of:

tive; to investigate mail fraud; to inves-

those agencies into individual lives.

Indicate page, name o

lewspaper, city and state.

C-2

BUFFALO EVENING NEWS

Buffalo, New York

co Bureau

1 - 80-1876

Date: 5/15/76

Edition:

City

Author:

Editor: M. C. Browne

Title: SENSTUDY -

EDITORIAL

Character:

or

Classification:

62-2665-

Submitting Office: Buffalo

_ Being Investigated

AH MAY D2 1976

FBI BUFFALO

NW 54965

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Page 269

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## Page 270

F'D-35@ iRey. 7-16-53)

(Mount Clipping in Space Below),

Julian Bond

No Reforms in the CIA?

IN ITS final report, Sen. Frank

NAAOP,

amounted to a thor-

Chürch's Senate Select Commit-

ough

listing

of the dreadfully

tee on

Intelligence Activities

neglected

official business be,

said:

fore Congress in the sphere of

"The commit-

intelligence control.

tee has found

that the Central

Intelligence

Ag-

WHAT, AS A practical mate:

ter, has been done to interdict,

ency attaches a

the murderous covert operations:

particular

im-

abroad and the poisonous spying

portance to book-

at home? What about the "black-

publishing

activ-,

bag" jobs and the perversion of

*ities as a fom

•of covert propa-

In

the

Bond:

final analysis, not

‚ganda."

While officials of the CiA were .

much.

The Ford administration skill.

not the publishers of the Church

fully exploited the funeral' of a

committee's.

final report,

they

slain CIA station chief in order

wyere among its most aggressive

to forestall reforms, instituting;

and

influential ~ editors.

They

certain

"executive

order"

fought publication of anything

changes which permit little, it

they thought might discredit the

any, congressional or public ren

agency, even material already in

view. Nor is official Washing-

the public record;

"ton alone

to

blame. Corrupt

abuses of the CIA's authority

THE CIA BEGAN protesting:

has

been

actively assisted by

early and resorted to calculated.

college

professors,

clergymen,

obstruction, and'

• harassment!

reporters, police, labor, industry

And,

with the unremitting sup-)

and others.

port of the Ford administration,

the benign approval of promi-.

THERE WERE; of caurse,,

nent congressional leaders,

they

those who assisted the CIA un-

endorsement

of some

citizens!

wittingly: The tragic drug

ex-

and the inditference of others,!

periment. victims,

for example.;

the CIA has won.

And there are doubtless millions:

It is true that the Church com-;

of Americans. who feel a sicken-

nittee's

leadership

oxten

ac-.

ing sense of betrayal in the cyn-

ical spectacle produced by the

quiesced in the OlA's insistent.

Senate Rulles Committee of an

appeals to delete material or re

phrase it. As a result, its find-"intelligence

"study committee";

ines and recommendations sub-!

with no power of any real di-

stantially lack the power,

the

mension Back Press set en

credibility and the tone of inde-

pendence and vitality essential

to compel reform of the nation's

corrupted intelligence services.

BUT THE COMMITTEE is not

to blame for the snarling recep

tion given to its plausible pro-

posal for a nevy

congressional

committee on intelligence "over-

sight." The reaction came from

powerful committee chiefs who

refuse to surrender their shares

of the punny control authority

that now exists.

The committee's final ae-

counting

lacks

certain

detail

and determination, But its cata

ogue of CIA and FBI abuses o

Euthority, including the 25-yeas

sonitoring of the

"wholly law

ful political activity" of the

MN 54965

DocId: 32989503

Page

270

Indicate page, name of

newspaper, olty and state.

14

COURIER EXPRESS

Buffalo, New York

Date:

5/15/76

Edition:

Four Star

Author:

Editor:

Title:

SENSTUDY

Character:

Classification: 62-2665-

Submitting Office

Buffalo

[ Being Investigated

SEARCIED

SERIALIZED.

HU MAY 7 1976

---

## Page 271

FD- 354 (Rev.7-16-63)

(Mount Clipping in Space Below)

Pentagon Still

Spying

On American Civilians

WASHINGTONI-

newsmen at the 1968 Democratic

war groups in- San Diego, one

The Pentagon, which once kept

National Convention and

of which was protesting the!

files on the political activities

attended a Halloween party for

deployment of ships to Vietnam:

of some

100,000 Americans,

school children in search for

still spies on citizens thought

-Penetration by Air Force

a dissident.

agents of an underground news-'

to pose a "threat"

to

the

Monitors Radios

military, a Senate Intelligence

Committee staff

said

-Monitoring citizen, police

Sunday.

report

and taxi band radios during

demonstrations like the 19.67

Although the report stressed

march on the Pentagon, the 1968

that military spying "has been

greatly reduced,"

it said ;that

poor people's campaign and the

Pentagon

directives

¡ambiguous"

are

"so

national

political

conventions.

that

widespread

The

monitoring

continued

de-

surveillance of civilians could

pite a law prohibiting anyon

Jesume.

rom intercepting private radi

According to

the report,

transmissions and an opinion by

military

agents

have

been

the Federal Communications

Commission that it was illegal.

authorized to penetrate civilian

groups on nine occasions since

Among the surveillance activ

the new directives

went

into

ities

undertaken. since

1971

effect

in. 1971,

Most of the

were listed:

military spying since 1971 has

- Penetration

by the Naval

been done by

the Navy at

bases in Charleston, S.C., and

Investigative. Service of two anti:

*San Diego and • Long Beach,

Calif., the report indicated:

¡Overseas Activities

In addition, military intelli-

gence agencies continue to spy

on American civilians living

near military installations in

Japan and West Germany, the

report said. In Berlin, the Army

opened mail addressed to an

underground newspaper affili-

Bed with a group founded in

1972 under the name

"Ameri-

cans. in Berlin for McGovern;"

according to the report.

Much of the 49-page staff je-

port detailed

incidents which

have been the subject of con-

ressional hearings dating back

0 1974

when they were first

disclosed in the press. Among

them were:

Sending 1,500 agents to

virtually every city in the coun-

tey to collect information on

the most trivial of political dis

Sent' and store it in computers.

The Army maintained files on

carsons ranging from 'Sen. Adlai

Stevenson

and Rep.

A bn-er

jakya, both D-Ill.,

to singers

Arlo Guthrie and Joan Baez

Army agents posed as television

(Indicate page, name of

newspaper, elty and stale.)

3

COURIER EXPRESS

Buffalo, New York

Date:

Edition:

Author:

Editor:

Title:

5/17/76

Four Star

SENSTUDY

Character:

or

Classification:

Submitting Office

Being Investigated

62-2665-

SEARCHAD

SERIALIZED.

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FEL BUFFALO

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

(Mount Clipping in Space Below)

Te-+7-457+-1200099

No Law Bars New Spying on Civilians

Intelligence Probers Warn in Report

United Press International

tions after such spying was ex- in New York' in 1967, the'statt!

WASHINGTON, May 17 = A

posed in

the press and a

con-

of the Southern Christian Lead-

Senate Intelligence Committee

gressional investigation

was

ership Conference in 1968,, and

staft réport says the military

begun.

to enver the 1969 inauguration.

might' again spy on civilians if

Although the Defensè Depart-

of Richard M. Nixon, it said.

the

United States

undergoes.

ment assured the committee it

another era of domestic pro had no intention

tests like those of the Viet war,

report,

the latest

in

à

series issued by the committee

on its

15-month investigation,

said the only significant limits

military

surveillance

i s. cility are self imposed

of domestic

and could be rescinded by. the

Defense Department at any

time,

While there is no law specifi-

Agents frequently

information

by posing as re

porters and photographers, the

cally. authorizing

military.

spying • on civilians,

"it

said,

"there is no statute which ex

pressly prohibits" the practice.

the 1968

The

report

said

Pentagon

orders issued in 1971, limited

They also misrepresentel

surveillance activities against: themselves to interview. Stokley

private citizens and organiza, Carmichaeland n

Chap Brown

(Indicate page, name of

newspaper, city and state.)

6

BUFFALO EVENING NEW

Buffalo, New York,

Date: 5/17/76

Edition:

Late City.

Author:

Complete

Editor: .

Title:

SENSTUDY

Character:

Classification:

-62-2665-

Submitting Office Buffalo

_ Being Inrestigated

-ANUENER

SERIA 20 E

SERLALZED

HEY MAY 1/2 1976

FEL BUFFALO

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## Page 273

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

(Mount Clipping in Space Below).

CIA Files Called

undercover assignments

labroad:

***

WHILE PREPARING for;

A Step Toward

their future assignments, they

provided considerable informa-

tion

on their associates, dissi-

dent organizations, demonstra-

Secret Police

tion plans and sometimes per:

sonal information," the report

i saja.

Information

gathered from

'Associated Press

all three projects went into &

WASHINGTON, May 18-Talsing "a step toward

computerized index of some!

* 300,000 American names kept

¡the dangers of a domestic secret police," the CIA by'Operation CHAOS.

amassed files on thousands. of Americans, including mes

CHAOS, which kept separate

information: gathered by electronic eavesdropping,

on

an

estimated 7500/

mall openingrand untercover agents, a Senate Staft

"Americans, also relied on infor-;

mation

supplied by

its

own

tensive derruptions

agents,

CIA field offices in the

United States and abroad, the

part of Operation CHAos. de-

of taree

related projecte

Myer i agency's

mail opening pro-

Track,:

spite then-cia Directors fich-

sam,

the FBI and the National

Fard Helms' written warning to

arity

eMerrimack begantin: 1967 as

Agency, the ' report

the White House in 1962 that

effort torm rate dissident

"this is an area not withh

coups infu stepaton, to obtain

return;

FBI with

CHAOS NA

supplied

"well over 5000

charter of this agencyre

Infotiation tab ou

cording to the Senate an

demonstration againstiCIA

rts" , on

American dissi-

Katities." fusires canstruct

s, according to the report.

gence Committee staff eport, workers: amdetradesmenn

CHAOS agent attended

The CIA charter bars, lom part-time agents,

Merrimack

57971

demonstrations against

internal security functions

was gradually expanded to it-

*Vietnam war in

Washing,

Operation CHAOS begin

in gluce

"any information.

tonathe report said. A second

response to demands. Tro m

plans.

GHAOS agent "with particular

such groups as the women's

eggod entree into the highest

1 Presidents, Lyndon B; Jonason

amd

Richard

M. * Nixon

tO

sifie for Peace, the Washing

leveis or a

segment of the

uncover any foreign intrance

to Peace Center, the Congress

domestic radical

community

behind domestic unrest..Ison

© Racial Equality, and the SP

• reported a great deal' of de

dent Non-Violent Co-ordinating

information; some ex-;

finued

despite

repeated sind-

Engs that disturbances at home

sammittee.

a'enely personal."

*:.*

operation

CHAOS also in-

vere not controlled or financess

IN SOME INSTANCES,

clided the

"questionable" in-i

from abroad the Senate repor

photographs were

"persons were followed to there

domestic

the

taken and

volvement

of

CIA'S

contact service,

homes, the report said. Meir",

which obtained from local law

enforcement authorities infor

mack

lasted until

1970.

mution about meetings of New

Resistance,

which lasted. Left groups and the funding of

: from 1967 to

1973,

they Black Panther party, the

information

ab.o.ut

radical refort said

groups around the countr

THE AGENCY'S own review

particularly on campuses;

1 of CHAOS in 1972 found what

report said

The project developed an appeared to constitute a moni-

• estimated 600 to. 700 filesco activities of

toring of the political views and

Americans. "not

sisting mainly

ot newspaper

clippings

but also

"information from confidential"

including being

Inown to be or suspected of

involved in espionage,"

sources in the local community:

acgording to à CIA document i

such as campus

officials and quoted in the report.

according;

Occasionally, (CIA) stations

the report,

report on the

4 Project 2 began in 1970 as al whereabouts and activities of

operation in

which prominent persons

.:,whose

¿bout 20 agents entered Amens

comings and goings were not

can universities in preparation

only in the public domain but

for whom allegation of subver

sion seemed suinciently. nebu-

ous to raise renewed doubts as

o the nature and legitimacy of

he CHAOS program;"

memo added.

(Indicate page, name of

newspaper, city and state.)

8

BUFFALO EVENING NEW

Buffalo, New York

Date:

Edition:

Author:

Editor:

Title:

5/18/76

Late City.

Complete

SENSTUDY

Character:

Classification:

Submitting Office

62-2665

Buttalo

_ Being Investigated

SEARCHED

SERIALIZED

Laila

MAXI 91976

FS+ SUFFALO

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273

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## Page 274

FD-350 iRer. 7-16-63)

(Mount Clipping in Space Below)

Panel Say

A Pressure hy. White House

"This repeatedly negative

finding

met

with

continue!

under

CIA Spying an 1

was worked tued to expand its coverage of

WASHINGION (UPD) A

\Americans in order to. increase

protests, a Senate stait report fining. its

said on suesday.

+ intelligence."

Both Presidents, Landon

B, Fils. Out Picture

Johnson and Richard+M, Xon!

ordered the aseney do i: back: wiretaps

spying, infiltration,

and mal openings

and try harder when it reported continued until March 5, 1974,

protests

against the

War

spying lyas

covered

The spying

Johnson in 1967 and continued Commission

under

Nixon

names

and "Resistance," according tovestigations.

Tuesday's staff

the Senate

ntelligence: Com repayt was designed to fill out

= nitt =

mittee.study.

the picture.

patchat in the preparation ne at east to th the hand:

half

dozen major operation was

reports.

for higher

authorities, operations

Merrimack

all of which concluded that no Resistance,

which supposedly

significant role was being were for internal CLA security

Slayed by foreign elements in but

yhich peaked. into the

the various protes timove domestic scene as well.

ments." the report sard.

_NIL 54965

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Indicate page, name of

euspaper, city and state.

2

COURIER EXPRESS

Buffalo, New York

Date:

Edition:

5/19/76

Four Star

Author:

Editor:

Title: SENSTUDY

Character:

Classification: 62-2665-7

Submitting Office

Buffalo

LJ Being Investigated

SEARCHED

ALMAY y 1975

FBI BUFFALO

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## Page 275

FD-BEU (Res, 7-16-63)

(Mount Clipping in Space Below)

U.S. Senate Votes

Watchdog' Panel

For Spy Agencies

VASHINGTON (AP) - The his panel retain its exclusive

* Senate

wednesday

jurisdiction over the National:

overwhelmingly. approved crea-

Security Agency, the: Defense!

tion of a permanent committee

Intelligence Agency and other*

designed to monitor and controll Detense Department spy agen

the activities of the

CIA,

FBI•

-cies,"

and

• cies,:

other American spyi agen-

The: Stennis amendment:

would have stripped the new

A resolution creating the 15.

committee of any.

member Senate panel was

ap.

legislative or budgetaryi

proveu bya 72 to 22 vote after

"authority over

Pentagon in-

telligence activities.—

"Stennis argued that military"

antamendment stripping many

sofits powers was dereated oy a

not ligence agencies suwere

not sin

abuses:

"two-to-one margin,

documented by the select com-

mittee,

Passage of

the

resolution

The

serator

acknowledged,

marked the first legislation to

however, that the Army "gọt à.

result from the Senate 'Select

little

over

Intelligence

15-

the

line' in its

surveillance of antiwar groups!

month

investigation

spy

in the late 1960s.

1 agencies.

recently

released com-

Sen, Walter F: Mondale, D-

mittee staff

report said the

Minn, called the Senate vote,

"Army

amassed

files on

* "historic,"

while Goyernment

Operations Chairman Abraham

reports have

Ribicoff,

D-Sonri.,

noted

that

massive

interception

the first resolution to create an ternational

communications,

intelligence

oversight coni-

John

Tower, ReTex,,

mittee was introduced 20 years another member of the Armed

1 ago by Majority Leader Milke

Services panel who opposes. the

\ Mansfield,

neiv oversight committee, con-

Armed Services Committee tended that the abuses disclosed

Chairman

John C. Stennis, D. by the select committee were

Miss, failed by a vote of 63 to

it 15 pasta be the Senate to et the exception: rather than the

(Indicate page, name of

newspaper, city and state.)

COURIER EXPRESS

Buffalo, New Yorks

Date:

5/20/76

Edition:

Four Star

Author:

Editor:

Title:

SENSTUDY

Character:

or

Classification:

62-2665>79

Submitting Office Buffalo

_ Being Investigated

SEARCHED-

'SERLALTED

JHUCHED

#4

MAX? +1976

FEL BUFFALO

NW 54965 DocId: 32989503 Page 275

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FD-350 (Rev. 11-11-75)

(Mount Clipping in Space Below)

Fbl Stirred

"Cargeted for Surveillance'

Churck said his commitues

investigation of fBi activities

Clashes:

revealed "cases that involved

one targeted organization

directed agaust another. 1 do

not recall any case where con

Church

frontatiens were planned

between

police

CEDAR SPRINGS, IOwa lP -

The FBI provoked

con-

•The Idaho Democrat said that

frontations between radical

"certain groups were targeted

groups

but did

not provoke

for surveillance at least in part

confrontations

between

those

because of political attitudes,"

groups and police, Sen. Frank

and he specifically listed AIM

Church testified Friday at the

and the Black, Panthers as

murder trial of two American

targeted groups.

Indian

Movement (AIM)

He said his committee did not

members.

study AIM specifically because

Church,

chairman

of the

it had to be selective.

Senate Select Committee on In-

"We were concerned with

telligence Activities, was called

determining

of

as a defense witness for Darelle

allegations

of improper ac-

• Butler,

33,

oi Rogue River,

tivities of the FBI," he testi-

Ore., and Robert Robideau, 29,

fied. "We did not pursue the

of Portland, Ore. The two are

Indian matter. However, it was

charged in the June 26, 1975,

raised."

killing of two FBI agents.

Defense Objective

Defense

lawyer William

Agents Jack Coler and Ron

Kunstler said Church was sub-

Williams, both of Los Angeles,

poenaed to show the "habit or

were shot on the Pine Ridge

propensity" of the FBI

to

Reservation in South Dakota.

fabricate or proyoke con-

Defense lawyers are trying t

fontation!.

show that the FBI harassed In

dian militants.

FBI Director Clarence Kelley

testified Wednesday that the

FBI's domestic intelligence

operation, COIN-TELPRO, was

disbanded in 1971. He denied the

FBI had

targeted certain

groups for surveillance.

I. SAC

• Desk 5.

7 ask 6.

NW 54965 DocId: 32989503

Page 276

7. LASH M

(Indicate page, name o

ewspaper, city and state.

3

COURIER EXPRESS

Buffalo, New York

ec Bureau

1-70-1068

1 - 157-1710

Date: 7/10/76

Edition: Four Star

Author:

Editor:

Title:

SENSTUDY

Character:

or

Classification'

62-2565-811

Submitting Office: Buffalo

• Being Investigated

SEARCHEDL

-BUFFALO

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## Page 277

OFFICE OF THE DIRECTOR

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D.C.

20535

STATEMENT OF

CLARENCE M. KELLEY

DIRECTOR

FEDERAL BUREAU OF INVESTIGATION

BEFORE THE

SENATE SELECT COMMITTEE ON INTELLIGENCE

SEPTEMBER 22, 1976

ELMIRA_

GENEV.

JAMESTOWN

NIAGARA FAT.LS

OLEAN

ROCHESTER

62-2665-82

inited

SANDES D

2: 1910

• - bUrrAL

ACAST 1

10965-976

NW 54965

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Today marks my first appearance before the Senate

Select Committee on Intelligence. I want to assure you that

I sincerely welcome the opportunity to work with you.

I believe that we can and must develop a clear

base of understanding between the Executive and Legislative

Branches on

the proper role of the FBI in the discharge of

its complex national security responsibilities.

As the Supreme Court so aptly observed in its

Keith Decision in 1972, "Unless Government safeguards its

own capacity to function and to preserve the security of its

people, society itself could become so disordered that all

rights and liberties would be endangered. "

Yet the maintenance of national security is a

hollow victory unless it can be achieved with the least

possible intrusion into the rights and privacy of our citizens.

Balancing these imperatives will require the greatest study

and serious thought.

Together, I feel we can reach a meaningful understanding.

which will best serve our country.

Since I became Director in 1973, there has been a

continuous examination of all major aspects of the FBI's

operations. One such study, initiated in 1974, established

that a quality, rather than a caseload quantity, approach in

the assignment of our manpower and other resources would

produce better results.

NW 54965

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## Page 279

Originally, this quality approach was tried on an

experimental basis in four of our 59 field divisions. It

proved so successful that we implemented it field-wide in 1975.

Today, the quality approach is being applied to all

areas of jurisdiction, including those in the foreign

intelligence and domestic security fields that are of prime

interest to this Committee.

In July, 1973, we had 21,414 domestic security cases.

By March 31, 1976, before the Attorney General's guidelines

took effect, we had--through application of the quality

approach--reduced this caseload to 4,868 investigative matters,

a 78 percent reduction. As of September 20, 1976, this figure

has been further reduced to 626. This includes investigations

of 78 organizations and 548 individuals.

This reduction has been made possible largely because

we have discontinued investigations of rank and file members.

We are confident that the FBI can meet its responsibilities

by focusing our investigations on the activities of organ-

izations and on individuals who are in a policy-making position

in those organizations or who have engaged in activities which

indicate they are likely to use force or violence in violation

of Federal law.

In effecting this reduction, we have kept these

vital principles in mind:

- 2 -

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## Page 280

First, there must be no sacrifice or compromise

of the essential security needs of the United States.

Second, there must be the least possible intrusion

on the rights and privacy of our citizens, including

their sacred right of legitimate dissent.

Third, although domestic security cases differ in

some respects from ordinary criminal investigations,

these cases should be tied as closely as possible to

actual or potential violations of Federal law. In

furtherance of this objective, last month I transferred

the supervision of all domestic security cases from our

Intelligence Division to our General Investigative

Division, which has responsibility over criminal matters.

In an effort to insure uniform adherence to the

guidelines and laws applicable to these and all other areas

of our jurisdiction, I have combined the Office of Planning

and Evaluation and the Inspection Division. In this new

Division I have created a Professional Responsibility Section.

It will report directly to me.

I have also expanded the role of the Legal Counsel

Division in reviewing all areas of FBI policies and operations.

Legal Counsel will report directly to me and to the Associate

Director.

• -3-

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## Page 281

The investigations transferred include those

involving domestic organizations oriented toward violence

and individuals affiliated with such groups, as well as civil

unrest and demonstration matters and basic revolutionary

groups dedicated to the overthrow of the Government. The

General Investigative Division will also be responsible for

several categories of criminal investigations formerly

administered by the Intelligence Division. These are

bombing matters, sabotage, passport and visa violations,

and protection of foreign officials and official guests

of the United States.

The guidelines which the Attorney General issued

last March set forth standards and procedures for domestic

security investigations. But, the FBI regards these to be

minimum standards. FBI Headquarters has imposed stringent

criteria to insure we use our manpower resources in the most

productive manner.

There are a number of reasons why we have been able

to bring about a major reduction in our domestic security

caseload.

The decade of the 1960's was marked by protests,

often violent, on our Nation's streets and campuses.

- 4-

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## Page 282

We entered the 1970s still engaged in an undeclared

conflict in Vietnam which was unpopular with some segments

of our population.

Not in recent history had this country been

so divided over an issue, and this division was not limited

to rhetoric but included demonstrations that often erupted

into violence.

There were deliberate criminal acts, including

bombings and sabotage, by persons

opposed to our involvement

in Vietnam. The role of the FBI in this confrontation was

clearly to thwart the efforts of those who resorted to

violence as an expression of their opposition.

With the cessation of the Vietnam War in early 1973,

a major cause for divisiveness in this country was eliminated, and

the potential for violence was lessened, but not eliminated.

The FBI began closing thousands of investigations

at that time as determinations were made that certain groups

and individuals no longer were engaged in activities that

were

likely to involve violations of Federal law.

The FBI met the unusual challenges of the 1960s and

early 1970s. The Senate Select Committee has examined these

and other problems in the intelligence field which led

- 5 -

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## Page 283

to the creation of this Oversight Committee; and as the

Committee is aware, the FBI fully cooperated in that review.

You have my absolute assurance that your Committee

will receive the same full cooperation in carrying out its

responsibilities under Senate Resolution 400.

One of the tasks confronting this Committee is the

formulation of a legislative charter defining the FBI's

jurisdiction in the domestic security and intelligence fields.

This will be a most precise and demanding undertaking.

As I remarked to Senator Church's Committee, the

legislative charter must be sufficiently flexible that it does

not stifle the FBI's effectiveness in combating the high

incidence of crime and violence across the United States.

The 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

undertaken the formulation of operational guidelines governing

this area of our activities does not in any manner diminish

the need for legislation. The responsibility for conferring

jurisdiction resides with the Congress.

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## Page 284

OFFICE OF THE DIRECTOR

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D.C. 20535

STATEMENT OF

CLARENCE M. KELLEY

DIRECTOR

FEDERAL BUREAU OF INVESTIGATION

BEFORE THE

SENATE SELECT COMMITTEE ON INTELLIGENCE

SEPTEMBER 22, 1976

1. SAC_

2. ASAC_

mL

3. Sec. Supvr. fr

J. Desk 5.

6. Desk 6_

62-2665-82

SERIALIZED

SaRa: 1976

•Ol = CUFFALO

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Today marks my first appearance before the Senate

Select Committee on Intelligence.

I want to assure you that

I sincerely welcome the opportunity to work with you.

I believe that we can and must develop a clear

base of understanding between the Executive and Legislative

Branches on the proper role of the FBI in the discharge of

its complex national security responsibilities.

As the Supreme Court so aptly observed in its

Keith Decision in 1972, "Unless Government safeguards its

own capacity to function and to preserve the security of its

people, society itself could become so disordered that all

rights

and liberties would be endangered."

Yet the maintenance of national security is a

hollow victory unless it can be achieved with the least

possible intrusion

into the rights and privacy of our citizens.

Balancing these imperatives will require the greatest study

and serious thought.

Together, I feel we can reach a meaningful understanding

which will best serve our country.

Since I became Director in 1973, there has been a

continuous examination of all major aspects of the FBI's

operations. 'One such study, initiated in 1974, established

that a quality, rather than a caseload quantity, approach in

the assignment of our manpower and other resources would

produce better results.

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Originally, this quality approach was tried on an

experimental basis in four of our 59 field divisions. It

proved so successful that we implemented it field-wide in 1975.

Today, the quality approach is being applied to all

areas of jurisdiction, including those in the foreign

intelligence and domestic security fields that are of prime

interest to this Committee.

In July, 1973, we had 21,414 domestic security cases.

By March 31, 1976, before the Attorney General's guidelines

took effect, we had--through application of the quality

approach--reduced this caseload to 4,868 investigative matters,

a 78 percent reduction. As of September 20, 1976, this figure

has been further reduced to 626. This includes investigations

of 78 organizations and 548

individuals.

This reduction has been made possible largely because

we have discontinued investigations of rank and file members.

We are confident that the FBI can meet its responsibilities

by focusing our investigations on the activities of organ-

izations and on individuals who are in a policy-making position

in those organizations or who have engaged in activities which

indicate they are likely to use force or violence in violation

of Federal law.

In effecting this reduction, we have kept these

vital principles in mind:

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First, there must be no

sacrifice or compromise

of the essential security needs of the United States.

Second, there must be the least possible intrusion

on the rights and privacy of our citizens, including

their sacred right of legitimate dissent.

Third, although domestic security cases differ in

some respects from ordinary criminal investigations,

these

cases should be tied as closely as possible to

actual or potential violations of Federal law. In

furtherance of this objective, last month I transferred

the supervision of all domestic security cases from our

Intelligence Division to our General Investigative

Division, which has responsibility over criminal matters.

In an effort to insure uniform adherence to the

guidelines and laws applicable to these and all other areas

of our jurisdiction, I have combined the Office of Planning

and Evaluation and the Inspection Division. In this new

Division I have created a Professional Responsibility Section.

It will report directly to me.

I have also expanded the role of the Legal Counsel

Division in reviewing all areas of FBI policies and operations.

Legal Counsel will report directly to me and to the Associate

Director.

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The investigations transferred include those

involving domestic organizations oriented toward violence

and individuals affiliated with such groups, as well as civil

unrest and demonstration matters and basic revolutionary

groups dedicated to the overthrow of the Government. The

General

Investigative Division will also be responsible for

several

categories of criminal investigations formerly

administered by the Intelligence Division. These are

bombing matters, sabotage, passport and visa violations,

and protection of foreign officials and official guests

of the United States.

The guidelines which the Attorney General issued

last March set forth standards and procedures for domestic

security investigations. But, the FBI regards these to be

minimum standards. FBI Headquarters has imposed stringent

criteria to insure we use our manpower resources in the most

productive manner

There are a number of reasons why we have been able

to bring about a major reduction in our domestic security

caseload.

The decade of the 1960's was marked by protests,

often violent, on our Nation's

streets and campuses.

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We entered the 1970s still engaged in an undeclared

conflict in Vietnam which was unpopular with some segments

of our population. Not in recent history had this country been

so divided over an issue, and this division was not limited

to rhetoric but included demonstrations that often erupted

into violence.

There were deliberate criminal acts, including

bombings and sabotage, by persons opposed to our involvement

in Vietnam. The role of the FBI in this confrontation was

clearly to thwart the efforts of those who resorted to

violence as an expression of their opposition.

With the cessation of the Vietnam War in early 1973,

a major cause for divisiveness in this country was eliminated, and

the potential for violence was

lessened, but not eliminated.

The FBI began closing thousands of investigations

at that time as determinations were made that certain groups

and individuals no longer were engaged in activities that

were likely to involve violations of Federal law.

The FBI met the unusual challenges of the 1960s and

early 1970s. The Senate Select Committee has examined these

and other problems in the intelligence field which led

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ila

:

to the creation of this Oversight Committee; and as the

Committee is aware, the FBI fully cooperated in that review.

You have my absolute assurance that your Committee

will receive the same full cooperation in carrying out its

responsibilities under Senate Resolution 400.

One of the tasks confronting this Committee is the

formulation of a legislative charter defining the FBI's

jurisdiction in the domestic security and intelligence fields.

This will be a most precise and demanding undertaking.

As I remarked to Senator Church's Committee, the

legislative charter must be sufficiently flexible that it does

not stifle the FBI's effectiveness in combating the high

incidence of crime and violence across the United States.

The 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

undertaken the formulation of operational guidelines governing

this area of our activities does not in any manner diminish

the need for legislation. The responsibility for

conferring

jurisdiction resides with the Congress.

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