DISCUSSION OF ITKIN'S NEW YORK LEGAL DIFFICULTIES
Originator: CIA
From: GREANEY, J.K., OGC
To: MFR
Document date: 03/26/1969
Document type: PAPER - TEXTUAL DOCUMENT

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2022 RELEASE UNDER THE PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS ACT OF 1992

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1. RH Luit

RETURN TO CIA

Background Use Only

Do Not Reproduce

OGC 69-0552

26 March 1969

MEMORANDUM FOR THE RECORD

03

SUBJECT: (Thomas

L. Roberts)

1. On 25 March 1969, a meeting took place in Mr. "Warner's

office attended by Messrs. Milligan and Heinonen of CCS/LPGLOBE,

Mr. Jack Geaslin, Chief, European Division/France, Mr. Warner

and the undersigned, to discuss the ramifications of Thomas L.º3

Roberts' assignment to Paris.

2. Mi. Warner began the meeting by giving Mr. Geaslin a

chronology covering (a) (Roberts) relationship with Itkin, (b) Itkin's

relationship with CIA, (c) Itkin's relationship with the FBI, (d) Itkin's

indictment in the New York State court, (e) Itkin's potential use as

a witness for the prosecution in the federal court against organized

criminals, and (f) the Itkin involvement with F. Lee Bailey and the

possible publicity attendant thereto.

3. It was then explained that following a meeting with Messrs.

Hogan, Morgenthau, Kossack and Houston, it was agreed that Itkin

would plead guilty to two misdemeanors in the New York State court

and receive a suspended sentence.

In return, the State of New York

would withdraw its motion to remand Itkin for trial currently pending

in the United States District Court for the Southern District of New

York. These maneuvers would result in Itkin's being available for

use as a Government witness in future cases and his credibility not

being subject to attack by the future defendants based on his New

York State trial. Mr. Warner further explained that this latest

levelopment would appear to have taken the heat off, and removed

he need for involving ClA and possibly exposing (Roberts) affiliatior

to CIA.

It was further explained that there had been indications that

Morgenthau's office and the FBI were attempting to inflate Itkin's

past affiliations with CIA in an attempt to demonstrate his dedication

and to remove the aspect of criminal intent. It had also been

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assumed that, if Itkin were to be tried in the state court, F. Lee

Bailey would not hesitate to use any available methods to embarrass

the United States Government in such a way as to influence the

decision of the jury and also generate public interest to assist in

the future sales of Itkin's book.

4.

Mr. Warner then explained the elements of concern which

required the debriefing of Roberts in Frankfurt in mid-February,

resulting in the conclusion that(Roberts) was leveling with his Agency

contacts on his relationships with Itkin. (Roberts) stated categorically

that he had never discussed his association with CIA with Itkin and,

to Roberts) knowledge, Itkin was not aware of Robertsy CIA employ-

ment.

Further discussion evolved around people who are knowl-

edgeable of (Roberts) relationship to CIA. These include (a) members

of the U.S. Attorney's office, (b) members of the New York County

District Attorney's office, (c) the New York FBI office, and (d) we

must assume that Itkin himself is aware of (Roberts) CIA affiliation.

It was concluded that although the number of knowledgeable persons

appears large, the circumstances as they exist today, i. e., that

Itkin will not be brought to trial in the New York State court, seem

to have removed any forum or need for divulging this information

by any of the above.

The residual problem of Barnard Collier's

publishing his long feature article on Itkin was raised, and there

is no way of estimating whether Collier is aware of (Roberts' CLA

affiliation.

5. Mr. Geaslin asked the question of whether we felt there

was any subversive connection with any of the people related to the

case which could report on Robelts')CIA affiliation to Communist

Party elements in France.

It was concluded that on that particular

question MI. Rocca of the CI Staff would be in the best position to

evaluate that aspect, and his counsel should be sought on that matter.

6. Mr. Milligan raised the question as to the type of cover

to be used by Roberts' n his Paris assignment, and it was agreed

between him and Mr. Geaslin that the suitability of cover had to be

reassessed at this time.

7.

Mr. Warner

suggested that the participation of OGC in

this case as

it relates to Roberts)appears to be concluded, although

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it was suggested that Mr. Geaslin maintain a tickler to recontact

OGC at least every six months to ascertain whether the New York

problems were still in a status quo or were in fact heating up again.

It was agreed that OGC would attempt to determine if in fact the

suggested steps of Itkin's guilty plea and the removal of the State

motion to remand had taken place.

JOHN K. GREANEY

ssistant General Counsel

cc: CCS /LPGLOBE

C/E/F

C/CI/R&A

D/Security

OGC: JKG:bt

Distributi (Boberts, Ihomas Lee) subj file

/Orig.

1

- JKG signer

1 - Chrono

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