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Routing Slip

0-7 (Rev. 7.

TO: 5 AC:

Albany

Albuquerque

Alexandria

Anchorage

Atlanta

Baltimore

Birmingham

Boston

Buffalo

Bilite

Charlotte

Chicago

Cincinnati

Clevel and

Columbia

Dallas

Denver

Detroit

El Paso

Honolulu

(Copies to Offices 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

-J Oklahoma City

Omano

Philadelphia

3

Phoenix

Pillsburgh

1 Portland

Richmond

Sacruniento

St. Louis

Salt Lake City

San Antonio

San Diego

San Francisco

San Juan

Savannah

Seattle

Springfield

Washington Field

Quantico

TO LEGAT:

Bern

Bons:

Brasilia

Buenos Aires

Caracas

Hong Kong

London

Madrid

Manila

Mexico City

Ottawa

Paris

Rome

Tel Aviv

Tokyo

December 5,

1975

RE: TESTIMONY OF ASSISTANT TO

• JHE DIRECTOR--

DEPUTY ASSOCIATE DIRECTOR JAMES B. ADAMS

BEFORE THE

12/2/75

SENATE SPECT

COMMITTEE ON

Retention

[ For infornation

For appropriate

] optional

action

The enclosed is for your information. Irused in

sources, Cy paraphrase contents.

Enclosed are correctod pages from report of SA

dated

Remarks:

report,

l conges all

Re Bureäu R/S of 12/4/25 which provided

excerpts of Mr. Adams' testimony.

Attached for your information and

assistance, is the complete transcript of

above-referenced testimony.

UNeDited

61-2854-59

Enc. (1)

Bufile

Urfile

SAC TALM

DEC8 - 1975

AC

Page 2

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Vol. 15

The United Statra Sruate

Report of Proceedings

Hearing held before

salect Committed

to study Governmantal Operations

With Respeci to Intelligence Activities

INCELLIGENCE INVESTIGATION

Tuesday, Dacember 2, 1975

• Washington, D. C.

WARD & PAUL

410 FIRST STREET, S. E.

WASHINGTON, D. C. 20008

(202) 544-6000

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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;

MX. Robert L. Schackelford, Section Chief, subversive

investigations; MI. Homer A. Newman, JI., Assistant to Section

Chief, supervises extremist informants; Mr. Edward P. Grigall:

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

Assistant Section Chief, Civil Rights Section, Gener-: Int"l:-

gative Division.

Gentlemen, will you all rise and be sworn.

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. Do you solemnly swear the testimony you are about to give

before this Comnittee 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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TESTIMONY OF W. RAYMOND WANNAIL, ASSISTANT DIRECTOR,

INTELLIGENCE DIVISION, FEDERAL BUREAU OF INVESTIGATION.

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

DIRECTOR-DEPUTY ASSOCIATE DIRECTOR (INVESTIGATION) :

JOHN A. MINTZ, ASSISTANT DIRECTOR, LEGAL COUNSEL

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

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

ASSISTANT TO SECTION

1. CHIEF; EDWARD P. GRIGALUS, UNIT

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

CIVIL RIGITS SECTION, GENERAL INVESTIGATIVE DIVISION

Mr. Wannall. MI. 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.

Senator Tower.

It would be a relatively. high percert."

then?

MI. 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.

En

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 or 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.

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

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

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

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

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

indicated.

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

adeguate evidence.of conspiracy to give you jurisdiction to

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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

statüte, 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. Mi. Hart?

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 relationship to any Federal criminal

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statute.

Mr. Adams. I agree, senator.

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

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

Mr. Adams:

Here is the problem that you have with that.

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

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

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

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

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

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

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

information in our files.

We are accused of being vacuum

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

real purpose of an organization, do you only report the

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

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

and what it really is?

And within that is where we have to have the guidelines

we have talked about before.

We have to narrow down, because

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

our files.

• Senator Hart of Michigan.

But in that vacuuming process;

you are feeding into Departmental files the names of people

who are, who have been engaged in basic First Amendment

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

MI. 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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Now, someone can say, as reported at oux last session, that

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

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

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

files, but if they recognize that we interviewed you because

of considering a man for the Supreme Court of the United

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

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

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

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

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

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

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

that was sufficient enough, held sufficient doubtful, patriotism

to justify turning loose a lot of your energy in pursuit on

them

Mr. Adams. This is a problem.

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Senator Hart of Michigan.

This is what should reguire

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 violence or disruption of a local

town meeting, when a controversial social issue might result

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

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the meeting.

Does this mean that the Bureau should investigate all

groups organizing or participating in such a meeting because

they may result in violence, disruption?

Mr. Adams. No, sir.

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

spying on almost every aspect of the peace movement?

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

monitor demonstrations where we have an indication that the

demonstration itself is sponsored by a group that we have an

investigative interest in, a valid investigative interest in,

or where members of one of these groups are participating where

there is a potential that they might change the peaceful

nature of the demonstration.

But this is our closest question of trying to draw

guidelines to avoid getting into an area of infringing on the

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

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

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

where the demonstrations have been rather severe, and the

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

to keep itself informed with respect to the possible commission

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

too late for prevention.

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

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case.

Our problem is where we have a demonstration and we have

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

fits the criteria of

enabling us to monitor the activities, and

that's where' I think most of our disagreements:fall.

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HARRIS: GSII

Sen. Sel. CIA

12/2/75

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.1914

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

for opening an investigation on a group is narrowly drawn.

The

Bureau manual states that informants investigating a subversive

organization

should not only report on what that group is

doing but should look at and report on activities in which

the group is participating.

There is a

section 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

grops.

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

1969 there was a rather heated national debate over the

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

remember that. An FBI informant and two FBI confidential

sources reported on the plan's participants and activities

of the Washington Area Citizens Coalition Against the ABM,

particularly in open public debate in a high school auditorium,

which included speakers from the Defense Department for the

ABM and a scientist and defense analyst against the ABM.

The informants reported on the planning for the meeting,

the distribution of materials to churches and schools, i

participation by local clergy, plans to seek resolution on

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 information 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 Hart of Michigan. Or if you were to

rerun it,

would you do it again?

Mr. Adams. Well, not in 1975, compared to what 1969

was.

The problem we had at the time was where we had an

informant who had reported that this group, this meeting was

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

which was the east coast communist newspaper that made comments

about it. They formed an organizational meeting. We took

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

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 100k

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

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

li!e

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•19;6

soviet espionage where they can put one person in this country

and they supported him with total resources of the Soviet

Union, false identification, all the möney he needs, communi-

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 amnésty is not yet the law,

we agreed that advocating it is not against the

law either.

Mr. Adams. That's right:

Schator llart of Michigan. Sone of the sponsors ver

umbrella organizations involving about 50 diverse imp:

the country. FbI informants provided advance is:....!ir

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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 House and

Senate members, drafting legislation on amnesty.

The informant apparently was attending in his role as

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 vies 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

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amnesty, the better. for the soul of the country.

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Now what reason is it for a vacuum cleaner approach on

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

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

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Bureau files.

Is this what we want?

Mr. Adams.

I'1l let Mr. Wannall address himself to this.

He is particular knowledgeable as to this operation.

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

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

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

items.

One was that a member

of the steering committee there,

was a three man steering committee, and one of

those members

of the national conference was in fact a national officer

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

legitimate investigative interest.

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

at that point.

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

VVAW would actively participate in an attempt to pack the

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

Senator Hart of Michigan. And incidentally, all of the

information that your Buffalo informant had given you with

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

goals which were completely within Constitutionally protected

objectives. There wasn't a single

item out of that VA that

jeopardizes the security of this country at all.

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

on the Buffalo informant, but even there we did

recej...

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from that informant information which I considered to be

significant.

The Buffalo chapter of the VVAW was the regional office.

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

five most active VVAW 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 Mc. Adams has addressed himself to the

interest of the revolutionary union.

so all of the information that we had on the WAw did

not come froin 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 Hart 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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Mr. Wannall. Our interest, of course, was the VAl

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

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holding a meeting, ox whatever subject it was.

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

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country?

Mi..

Wannall.

Well, Of course there had been some

organirations.

Senator lart of Michigan. Would the same logic follow?

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

Communist Party USA was going to take over the meeting and

use it as

a front for its own purposes, there would be a logic

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

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

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

committee but from the guidelines that are being developed.

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

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

not gathering everything there was about it.

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

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

this reason; an informant who had been reporting on other

matters for some period of time.

And as soon as we got the report of the outrore es ti

meeting and the fact that in the period of some si.?: e

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discontinued any further interest.

Senator Hart of Michigan. Well, my time has expired

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

really want to control the dangers to our society of using

informants to gather domestic political intelligence, we have

to restrict sharply domestic intelligence investigations. And

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

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

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

informant can be directed by the Bureau against a group or

individuals.

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

review that with you.

Senator Mondale. Pursue that question.

Senator liart of Michigan. I am talking now about an

obligation to obtain a wazzant before you tuzn floose a Eula-

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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But why would that vary, why would a warrant requirement

raise a serious constitutional question?

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

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

ordinarily involves probable cause to: show that a crime has

been or is about to be committed.

In the intelligence field we are not dealing necessarily

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

such as with the Socialist Workers Party, which we have

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

in any violent activity today, but we guarantee you we still

subscribe to the tenets of communism and that when the time

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

States.

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

moment.

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

criminal procedure with an intelligence gathering function,

and

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

organization.

We may have an infornant that not only belongs

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

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

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?

Mx. 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 headquärters 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, Mr. 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, for instance, that

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

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next to the Army, "the United

States marshalls should male them,

not the FBI, even though we developed the violations.

And over the years, as

you

know, at the time there were many

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

why don't

you do something about it?.

well, we took the other route and effectively destroyed

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

we exceeded statutory guidelines in that area.

Senator Schweiker. What would be wrong, just following

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

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

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

kind of a long-range basis to prevent violence?

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

with the busing incident. We are investigating the violations

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

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

is the approach, that the Federal government finally recognized

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

Federal import.

Senator Schweiker. But instead of waiting until it

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

confrontation, shouldn't we have som

were a coordinated program

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

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.

Mr. Adams.

Well, fortunatelyr we're at a time where

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

and the '70s and periods - or '50s and '605.: We report to the

Department 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 cron acknowledged the fact

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that they had all the information they needed to clamp down

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

and yet no arrests were

made.

Why, Mr. Wannall, was this true?

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

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

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

question.

There was, in fact, a representative of the Department

of Justice on the spot counselling and advising continuously

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

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

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

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

there was someone in the Department there is perfectly true.

Senator Schweiker. That responsibility rests with who

under your procedures?

Mr. Wannall. We investigate decisions on making arrests,

when they should be made, and decisions with regard to

prosecutions are made either by the United States attorneys

or by Federals in the Department.

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

departmental attorney on the scene #ause there are questions

conspiracy.

Conspiracy is a tough siolation to prove and

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

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someone in the commission of the crime as further proof,

rather than

relying on one informant and

some circumstantial

evidence to prove the violation.

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

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

dry run.

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

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

the dry run.

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

run. Who was this Department of Justice official who made

that decision? . :

Mr. Adams. Guy Goodwin was the Department official.

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

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

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

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

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

estimated membership.

I believe these are either FBI figures or estimates.

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

at that point was an informant paid by the government:

And I believe the figure goes or to indicate that 70

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

informants.

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Isn't this an awfully overwhelming quantity of people

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

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

going on for violence, but it seems to me that this is the

tail wagging the dog.

For example, today we supposedly have only 1594 tota

informants for both donestic informants and potential informants

and thät 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 áctual

number of Klan infornants 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

dare engage in these acts of violence because they knew they

couldn't control the conspiracy any longer.

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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

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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,

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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. We 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 resulted in

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

there wasn't one single incident of foreign directed sabotage

which took place in the United States.

Senator Mondale. And under the criminal law you could

have investigated these issues of sabotage.

Isn't sabotage a crime? •

Mr. Adams.

Sabotage is a crime.

Senator Mondale. Could you have investigated that?

Mr. Adams. After it happened.

Senator Mondale. You see, every time we get involved

in political ideas, you defend yourself on the basis of

crimes that could have been committed. 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 murdcred before we can --

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

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law again.

the law. You can do that.

You're trying to defend apples with oranges.

That's

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 ve 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 activitiès which did take place, like one time

they outlined the Conmunist 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?

MI. Adams. We have expressed complete concurrence in

that.

We feel that we're going to fiypeat to death in the

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

don't

if va don't have a delineation of our responsibility

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in this area.

But I won't agree with you, Senator, that we

have bungled the intelligence operations in the United States.

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

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

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

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

Senator Church, that we have to watch these hearings because

of the necessity that we must concentrate on these areas of

abuse. We must not lose sight of the

overall law enforcement and intelligence community, and I

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

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

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

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

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

United States and they can't walk out of their

houses at night

and feel safe.

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

argument then, Mr. Adams, for strengthening our powers to go

after those who commit crimes rather than strengthening or

continuing a policy which we now see undermines the public.

confidence you need to do your job.

Mr. Adams. Absolutely. The mistakes we have made are

what have brought on this embarrassment to us.

I'm not blaming the Committee. I'm saying we made some

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

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

out, as you have

said yourselves, because of the necessity

of

zercing in on abuses.

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

the accomplishments in the Klan was the finest hour of the

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

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

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Senator Mondale.

I don't want to argue over terms, but

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

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

need to have new legal standards.

Mr. Adams. Yes, I agree with that.

Senator Tower. Senator Huddleston.

Senator Huddleston.

Thank you, Mr. Chairman.

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

length seems to have been an

inclination. on the part of

the Bureau to establish

. a notion about an individual or a group

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

the case of 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,

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

that this investigation go on, and tis information was used

against the individuals.

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Now, are there instances where the Bureau has admitted that

its first assumptions were wrong and they have changed their

course?

Mr. Adams, We have admitted that.

We have also shown

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

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

individual that there was a concern of an adverse influence

in it, and we looked into it. On the Martin Luther King

situation there was no testimony to the effect that we just

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

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

all approved by the Attorney General. Microphones on Martin

Luther King were approved by another Attorney General. This

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

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

What I testified to was that we were improper in discreditir

Dr. 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 Dr. 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 VVAW-WSO. She is most

concerned about efforts.by the Revolutionary Union to take over

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

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

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

the investigation. They don't agree with these principles

laid down by the --

Senator Huddleston. That report was the basis of your

continuing to pay informants and continuing to utilize that

information against members who certainly had not been involved

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

or whatever?

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

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

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

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

statutory jurisdiction provides that we don't

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

evidence this morning where no attempt was made to prevent

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

But I'm sure there are

instances where you have.

Mr. Adams.

We disseminated every single item which he

reported to us.

Senator Huddleston. To a police department which you

knew was an accomplice to the crime.

Mr. Adams. Not necessarily.

Senator Huddleston. Your informant had told you that,

hadn't he?

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

We have

other informants, and we have other information.

Senator Huddleston. Yes, but you were aware that he

had worked with certain members of the Birmingham police in

order to --

MI. Adams. Yes. He furnished many other instances also.

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

lot to prevent that incident by telling the people who were

already part of it.

Mr. Adams.

We were doing everything we could lawfully

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

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

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

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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 indertaken?

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.

was in compliance with our regulations. His breaking off,

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

This

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 participate

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.occurrea,.

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

his delay in properly notifying local authorities.

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

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

review of all informant. files..

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

substantiated to some extent with the acknowledgement by the

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

happen to be with someone and they decide to do something, that

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

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

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

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

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

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

fistfights that take place, but I believe his statement was

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

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

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

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

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

another thing

taking an active part in criminal actions.

Senator Huddleston.. He was close enough to get his

throat cut..

How does the gathering of information

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

we probably should recess a few minutes.

Could we have Senator Mathias' questions and then should

we convene this afternoon?

Senator Huddleston.

I'm finished. I just had one more

question.

Senator Tower. Go ahead.

Senator Huddleston. I wanted to ask how the selection of

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

life and becoming involved in that sex life or social life

is a requirement for law enforcement or crime prevention.

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

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

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

be.of any value whatsoever.

Senator Huddleston.

You aren't anure of any case where

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these instructions were given to an agent or an informant?

MI. Adams. To get involved in sexual

activity? No, sir.

Senator Huddleston. Thank you, Mr. Chairman.

Senator Tower. Senator Mathias.

Senator Mathias. Thank you, Mr. Chairman.

I would like to come back very briefly to the Fourth

Amendment considerations in connection with the use of informants

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

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

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

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

there is a more extended relationship which could be of varying

degrees. It might be in one case that the same individual

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

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

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

to explore

with you is the difference between a one time search which

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

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

the case of a continuous search which uses a regular undercover

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

slightly different category than an informant.

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

Supreme Court has still held that the use of informants does

not invade any of these constitutionally protected areas, and

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

protected by the Supreme Court.

An actual search for legal evidence, that is a protected

item, but information and the use of informants have been

consistently held as not posing any constitutional problems.

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

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

but is it true that under existing procedures informants are

given background checks?

Mr. Adams. Yes, sir.

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

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

are providing to us reliable information.

Senator Mathias. And during the period that the relation-

ship continues, they are rather closely controlled by the

handling agents.

• Mr. Adams. That's true.

Senator Mathias.

So in effect they can come in a very

practical way agents themselves to the FBI. •

Mr, Adams.. They can do nothing -

Senator Mathias. Certainly agents in the common law use

of the word:

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

instruct our agents that an informant can do nothing that the

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

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

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

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

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

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

a warrant?

Mr. Adams.

No, sir, if a regular -- it depends on the

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

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

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

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

no constitutionally invaded area there.

Senator Mathias. And so you feel that anyone who has

a less formal relationship with the Bureau than a regular

agent, who can undertake a continuous surveillance operation

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

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

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

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

headquarters must approve the use of an informant.

Is that

degree of formal action required?

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## Page 56

HARRIS: G5H

Sen. Sel. CIA

12/2/815

Tape

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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 of 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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NW 54961 Doc#id: 32989499

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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

---

## Page 57

g sh

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1953

Phono

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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 reguirements 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.

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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

NW 54961 • Doofa: 32989499 Page 57

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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 reguirement 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 come 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

24

would be a very burdensome alternative ." I think at some

25

point after we attack the major abuses, or what are considered

NW 54961 Docld:32989499 Page 58

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• .

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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 problen 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

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

NW 54961

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alsó.

Senator Mathias. Smaller number, 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 seen to me that for that reason a parallel

process night be useful and in order.

• Mr. Adams. Mr. Mintz

pointed out one other main

distinction. to me which I had overlooked fron our prior

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

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

of the two parties to the conversation agrees,

such as like

concentral monitoring of telephones and microphones and

anything else

versus the wirctap itself where the individual

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• 1956

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.

Mx. 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

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

way we get there is obviously going to i

I lot easier if we

can work toward them together.

I just have one final question, is. Chairman, and that

NW 54961

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& PAUL

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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.

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 lccal law enforcement and other Federal

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

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

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

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

that we have the means to gather information which will permit

us to be aware of the identity of individuals and organizations

that are acting to overthrow the government of the United

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

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

stay.

They are absolutely essential to law enforcement.

Everyone uses informants. The press has informants, Congress

has informants, you have individuals in your comnunity that

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

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

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am I carrying out this?

It's here to say.

It's been here throughout history

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

avoid is abuses. like provocateurs, criminal activities, and

to ensure that we have safeguards that will prevent that.

. But we do need informants.

Senator lower. Senator Hart, 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 DI. 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:)

NW 54961 Docta: 32989499 Page 62

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Senator Tower. Any more questions?

Then the Committee will have an Executive Session this

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

I hope everyone will be in attendance.

Tomorrow morning we will hear from Courtney Evans,

Cartha DeLoach.

Tomorrow afternoon, former Attorneys General

Ramsey Clark and

Edward Katzenbach.

The Committee, the hearings are recessed until 10:00

a.m.

tomorrow morning.

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

above mentioned matter was concluded, to reconvene on Wednesday,

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

-

- NN 54961

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759499

Page 63

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## Page 64

i1'b- du Mar, 1-10-03,

(Mount Clipping in Space Bolow)

FEARED FOR CAREER

"King, "Stopping the investigal

tion in light of those circum

istances would have run the

Johnson

risk that there would have

been a lot of complaints that

the Bureau had been blocked

'for political reasons from

Put FBI

investigating serious charges

•about communist infiltration

in the civil rights movement,"

•Marshall added.

On King

¿ Marshall said lie believes

Kennedy initially approved

: the wiretaps because he was

concerned that King was con-

By CLAUDIA TOWNSEND

•tinuing to be friendly with a

AND BEAU CUTTS

suspected Communist advisor,

Fear for his own political career

after telling both Kennedy

prompted President Lyndon Johnson to

and the President that he

sanction the FBI's surveillance of Dr.

would break off relations with

•Martin Luther King Jr., a former John-

son aide has testified.

the aromo his

"From

(Kennedy's)

According to the Senate Select

point of view, Martin Luther

. Intelligence Committee's staff report on

King had made a commit-

the King case, former Johnson assistant

ment

on a very important

Bill Moyers told the commiltee that

matter," Marshall told the

• Johnson was "very concerned that his

'committee. "King had broken

embracing the civil rights movement

•that commitment. So there-

and Martin Luther King

would not back fire politically, personally

fore

the attorney general.

wanted to find out whether

(the adviser-whose

Moyers said Johnson "seemed satis-

was kept secret by the com!

"fied" in the spring of 1965 that charges

inittee) did in fact have influd

-of communist influence among King's

since over King, what he was

advisers were unfounded. However,

telling King, and so forth."

¿Johnson did not order an end to the

• Another former Justice de.

•FBI's surveillance of King.

partment . official, said

"He (Johnson) didn't want to have !

"Southern racist senator produce some

Kennedy approved the wire-

thing that would be politically embar

taps out of fear that Hoover

would use his influence in

rassing to the President and to the civia

'rights movement," Moyers told the com-

Congress to block passage of

mitice.

"We had Jots of conversations

the 1964 Civil Rights Act if

about that ... Johnson, as everybody

charges against King were not

laid to rest.

knows, bordered oil paranoia about his

from the initial wiretap au-

enemies or about being trapped by other

thorization the FBI went on

people's activities over which he had no

for years of surveillance of

responsibility."

King and attempts to publicly

The report charges thal then-Attor-

discredit him.

ney General Robert Kennedy, who au-

One such effort involved a

thorized the first FBI wiretap of King's

banquet to be held in Allanta

telephones, allowed the lengthy continu-

honoring King after his re-

ation of FBI surveillance from similar

ceipt

of the Nobel Peace

motives.

Prize.

Burke Marshall, Kennedy's assistant

According to the staff re-

in charge of civil rights affairs, told the

port former Allanta Constitu-

commitice that the Justice Donarment

didn't consider asking the FBI to re.

tion publisher Ralph McGill

"a major focus" of the

move its wretaps on King.

FBI's attentions.

The FBI's allegations about King's!

advisers were "grave an serious," he

William Sullivan, who duis

ing the King investigation was

110kd

the

commitier.

The Kennedy

head of the burcau's Domestic

administration had openly supported

Intelligence Division, clained

in a memo that McGill had

cloperated at least in part

with the FIl's altempts li

mdermine the King banquet

in Atlanta.

NW 54961

DocId: 32989499

Page 64

i Sullivan wrote in his memo-f

randum:

"Mr. McGhl told me

that following my tirst discus-.

sion with him a few weeks?

'ago he contacied a banker

friend in Atlanta who was

helping to finance the banquet

to be given King next Wednes-

day night. The banker was

disturbed and said he would

contact some other bankers

involved

and see if suppor

f would be quietly withdrawn."

The memo alleges that the

(Indicate page, name ol

newspaper, city und siale.)

bankers

"did take steps th

withdraw" but then learne

rage 1-1

TIE

that pending

financial al. ATLANTA CONTITUTIC

Atlanta, Georgia

damaged

if they demoi

strated a lack of support for -

King.

Therefore, the memo-

randum alleged,

support for

the banquet remained intact.

"However,

McGill said he

would do what he could to en-

courage key people to limit

their praise and support of

King as much as possible,"

Sullivan wrote.

Eugene Patterson, publisher

of the St. Petersburg Times,

was The Constitution's editor

at the time of the King ban-

quet. He said Wednesday that

the Sullivan memo is "either

& misunderst; nding or a com-

plete fabrication.

Patterson said the situation

Int Atlanta "was exactly oppo-

site

of

what Mr. Sullivan

understands."

anything,

Date:

5-6-76

"Ralph

McGill would have Edition:

I worked harder to put that din- Author:

Morning

ner together"

after being

Ponsend/Cutts

asked by the FBI to help

Edilos:

hal Gulliver

block it, he added.

Tille:

Patterson said both he and

SEISTUDY 75

McGill were contacled by FBI

agents offering them informa-

tion about King's personal

Character:

life. He said the FBI agents

"were trying to get us to be a

ог

pecphole journal and to pube. Classilication: 62-235:

lish that information..

- had no idea of doing so."

.. We Submitting Ollice: ATLAITTA

Pallerson said he reported

the agents' activity to a Jus-

lice department official and SEARCHED

the official "did not even ac-SERIALIZED

INDEXED.

FILED.

knowicoge what I had said.

that response, Patterson said

convinced him that "either

MAY 6

1976

Attorney General Kennedy

(new what was happening ou

that Hoover was so far out or

L-ATLANTA

control that nothing cou

glop him."

---

## Page 65

Palterson and McGill were

not the only journalists t

lyltom the FBI offered infol-

mation about King's person'il

hfe. David Kraslow, chief yf

the Cox Newspapers Washing-

ton Bureau, was offered

transcript of a tape rccording

about King while he

was

working in Washington for the

Los Angeles Times.

Kraslow lold the commilice

a source at the FBI read him

part of the transcript over the

prom a dus other tape bame

Southern police

agency.

declined the offer of the infor-

mation.

Patterson said the FBI con-

tacts came from two agents

who were at that time in the

• Atlanta office and who

had

been news sources for the :

baper.

He

said his

and

McGill's relationship with the

FBI

"cooled

considerably

after what they tried to do lo

Dr. King."

Hoover

wrote a letter. to

Moyers in early 1965, accord;

ing to the statt report, in

which he told Moyers that

McGill "believes that the very!

best thing that could happen,

would be to have King step.

completely out of the civil

rights movement and public!

life for he feels that if this is

• not done sooner or later King

will be publicly exposed.

"Mr. McGill,"

the letter

continues; "believes that an

• exposure of King will do ir-

reparable harm to the civil

rights movement in which he,

Mr. McGill, and others are so

interested and have worked so

hard for, and likewise it will

do injury to different citizens

of the country who have been

supporting King."

Sullivan,

in

his memo,

claimed that McGill had told

him that McGill was "taking

steps to get key Negro leaders

to unite in opposition to King

to gradually force him out of

the civil rights movement if

at all possible."

Patterson said there was

"no question whatsoever of us

going back on Dr. King."

Of the atlanta dinner, he

added,

"I just know

Mr..

McGill never slackened in his

efforts."

Jack Tarver, publisher of

, the Journal and Constitution

end of doc rio many assors;

said he was corlain that "i

RicGill had done anything like

ATHI

549dr wmbdoa tebaa4d9

r said he recalled ati

iten

a meeting of Atlanta

civic leaders it the Piedmont

Driving Club who were plan;

ning

the dinner

for

King

There was no

hint at that

meeting that there had been

any effort on anyone's part to

undermine the affair."

The reference fo Haitian

bankers, he added, "sounded

like the figment of somcone's

imagination."

Tarver

aiso

noted

that

McGill attended the bangret

for King, an act the publisher

regarded as wholly inconsist-

ent with the tone and content

of the FBI memo and letter.

At the time of the King

banquet, Tarver was president

of Atlanta Newspapers.

Mills B. Lane Jr., former

chief of the C & $ bank, said:

"Ralph McGill always thought

very well of Martin Luther

King and defended him. As I

remember it,

he

(McGili)

helped to organize that thing

(the dinner) »

• Regarding the FBI memo,

Lane said,

"I just can't be-

lieve that."

"Lane said he had no recol-

lection of any connection be-

$

tween Atlanta banking, Haiti

aild the King dinner.

'Helen Bullard, a key organ-

izer of the King dinner, said

she

worked

closely

with

• McGill in preparing for the

banquel. The assertion that

McGill became cool to honor-

ing King is "completely un-f

true," said Miss Bullard, a!

former aide to Mayors Ivan!;

Page 65

Alien Jr.

and

B.

Hartsfield.

"There is no shred

of evi-

dunce and I would know," she

said.

"When it (the dinner)

started, we had no money, no

nothing.

We (the organizers,

not including McGill) met in

the basement of a black

church. We said we would

have it to honor him (King)

even if we just had box

lunches.

"It was a big success. We

sold out of lickels two weeks

belore the banquet. People

wanted tickets who couldn't

get them."

Miss Bullard, who operates

a public relations firm in

Atlanta, checked her files of

the banquet, which was held

Jan. 27, 1965, and said there

was "no mention anywhere"

of any reluctance by McGill

to continue sponsoring the

event.

The FBI's campaign against

King, which aimed at collect-

ing information that could be

used to neutralize him as a

civil rights leader, went on

from

late 1963 until King's

assassination in 1968.

The Senate. commitlee did

not investigate the assassina-

tion. Nor did the committee

listen to tapes made through

"bugs" in King's hotel rooms,

or read transcripts of those

tapes. Staff members said to

do so would compound the

invasion of the civil righis

leader's privacy, adding that

the purpose of the recordings

was clear without hearing the

Hapes.

• The discrediung campaign

favorable stories about Kirg;

efforts, sometimes successf al,

, to block contributions to tre

Southern Christian Leadership

Conference (SCLC); efforts 1o

block meetings between King

and world leaders or to dis-

courae various organizations

from honoring him; and the

bugging of his hotel rooms

with

attempts to distribute

publicly the tapes derived

Irom the bugs.

The FBI mailed King one of

those tapes, along with a let-

ter that aides said King inter-

an inviiation

commit suicide. The lape was

originally to have gone to

Coretta Scott King, his wife,

with the aim of promoting a

separation between the two,

but was mailed to King im-

after his death,

• FBI continued to plan against

King. The Allanta field office

a recommendation to

Washington in 1969 for a pro-

posed prograin to be used

the event the bureau is in-

• clined to entertain counterin-

Coretta Scott Kings and-or the

continuous projection of the

public image of Martin Lu-

ther King.

" Hoover replied

that the bureau "does not de-

sire counterintelligence action

against Corelta King of the

nature you suggest at this

Sen. Frank Church, chair-

man of the select intelligence

committee, has called for the

appointment of a special

• prosecutor to investigate the

FEl's role in connection will

King.

---

## Page 66

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

(Mount Clipping in Space Below)

bent to

FBI Put King

' On Secret List

For Detention'

By JOSEPH ALBRIGHT

Journal Washington Bureau

WASHINGTON- The

Sen-

ate Intelligence Committee

has disclosed that the FBI

placed

Dr.

Martin

Luther

King Jr: on a secret "deten-

tion". list in 1962_ shortly after

King led a civil rights march

in Albany, Ga..

That was the beginning of

the FBI's six-year campaign

to neutralize King as an effec-

tive civil rights leader, which

the committee

called

shameful chapter in the na-

tion's history.

In a 50,000-word staff re-

port,

the committee Wednes-

day revealed a telegram irom

the late FBI director J. Edgar

Hoover to the Atlanta FBI of-

fice in May, 1962

directing

that King be placed on the so:

called

"reserve, list;"

which

named persons to be rounded

up

event of a national

emergency.

Hoover's

telegram

also.-

ordered that King be

"tabbed

a Communist", in the bureau's

internal records dealing with.

subversives.

Five months later,

the FBI

began

a massive

formal

Turn to Page 124, Column 1

preg

Nopy

285%

63'

55"6

100-

investigation of King and his

finding

nist infiltration.

was indeed a Communist, ac-

cording to the Senate report

•ate sources, King remained on

the FBI's emergency

• deten-

" tion

list

until

he

was

murdered in 1968.

no personal connection

the FBI had some information

in 1962 indicating that two of

King's associates were linked

to the Communist party while

advising King.

But, the Senate investiga-

tors reported, they were "un-

able to reach a conclusion

concerning the accuracy of

the FBI's charges" against the

two King

associates;

were

described

only

Adviser A and Adviser B. The :

report said the FBI declined:

to produce the factual basis

for its judgment on the two

King advisers for fear of com-

promising its sources.

The report traced the origin

of the FBI's anti-King cam-

paign to the civil rights pro-

tests in Albany, in which King

. was jailed late in 1961.

at in day ing went on f

trial in Albany for parading

• without a permit, Hoover di-

rected all FBI field offices to t

NW 54961

DocId: 32989499

Page 66

ndicate page, name

ewspaper, city and state

'The Atlanta Journal"

Atlanta, Georgia

Pages 1A & 12 A

Date: 5/6/76

Edition: Evening

Author: Joseph Albright

Editor: Hal Gulliver

Title:

SENSTUDY 75

Character:

or

Classification: 62-2854

Submitting Office

Atlanta

_ Being'Investigated

62-2854-61

SEARCHED

SERIALIZED

_FILE

MAY - 7 1976

Haven

FBI - ATLANTA

KA

---

## Page 67

review their files for "subver- gave unspecified derogatory

could to encourage key people of Atlanta civic leaders at tire

sive" information about King,.

information about King to the

to limit their praise and sup-

which was to be submitted in

Piedmont

Driving

Club.

late Ralph McGill, publisher

port of King as, much as possi-

reports that were "suitable

"There was no hint at that

of The

Atlanta Constitution, ble."

for dissemination."

meeting that there had been

as part of an FBI campaign

The

Senate

report

said,.

any. effort on anyone's part to

The Senate report said to dissuade community lead-

"MeGill's version of what, undermine the affair," Parver

Hoover was outraged when

ers from participating in a • transpired will

King was quoted in Atlanta

1965 banquet to honor King

known

since McGill. has

Tarver also

said that

newspapers as charging that for winning the Nobel Peace

the FBl agents handling the

Prize.

deceased."

Asked to comment, Eugene

McGill attended the banquet,

an act he viewed as wholly

Albany demonstration were

In

an internal FBI memo

Patterson, then editor of The

inconsistent with the tone and

white. Southerners

"friendly

quoted by the Senate investi-

Constitution, said: "This is a

with the local police and peo-

gators,

Sullivan contended

content of the Sullivan memo.

discredit to the memory of

ple who are promoting segre-

that McGill had even cooper-

Another journalist identi-

Ralph McGill, who worked his

gation."

ated to some extent in the

fied in the Senate report as

tail off to get that banguet

The Senate report quoted

FBI's effort to undermine the

having been offered anti-King

put together. He was one of

William Sullivan,

who was

dinner.

information by the FBI was

the four co sponsors of the

then head of the FBI Domes-

The Sullivan memo, written

David Kraslow, now chief of

dinner, and he sat at the head

tie Intelligence Division,

aS

about a week

before

the

table.

the Cox Newspapers Washing-

If he contacted any

saying Hoover was "very dis-

highly successful King dinner

ton Bureau.

bankers, I am sure it was

traught

Kraslow was described in

cisms."

over

these

criti-

Atlanta,

stated,

"Mr.

simply to raise money for the

"McGill told me that following

the report has having told a

Sullivan said Hoover never

dinner."

my first discussion with him a

Senate Intelligence Commit-

Patterson, now editor of the

tee investigator that one of

forgave King for not return-

few weeks ago, he contacted a

St. Petersburg (Fla.) Times,

his "better sources at the bu-

ing two phone calls from FBI

banker friend in Atlanta who

confirmed that both he and

reau" offered him a tran-

officials soon after, which the

is helping to finance the ban-

McGill were offered. deroga-

bureau placed in an effort to

quet to be given King next

script of a tape recording on.

tory information on King's

"set him straight."

Wednesday night. The banker

Dr. King.

private life by FBI agents.

The Senate report declared:

was disturbed and said he

know of

my own personal

In the mid-1960s, Kraslow,

then a

• "The FBI's COMINFIL inves-

would contact

some other

Washington corre-

knowledge,"

said Patterson,

tigation appears to have been

bankers also involved and see

spondent for the Los Angeles

"that McGill shared my out-

(centered

almost entirely on

if support

discussions among Dr. King

wisdrawn. could quietly be

Times, said his source read

rage at the FBI for trying to

him a portion of the tran-

' tar King."

and his advisers about pro-

Sullivan's memo went on to

Jack

civil rights activity

say that McGill subsequently.

it came from no raine

operated

rather than whether those

told him the bankers decided

The Atlanta Journal and The by a southern police agency.

Constitution and a close friend Kraslow declined to accept

advisers were in fact agent:

to go ahead with financing the

of the Communist party.

King banquet. The bankers

McGill, said he was confidente

Information

obtained

did so, according to Sullivan,

that "if McGill had done any-

through COMINFIL wiretaps

because they

were worried

and bugs was used by the FBI

about losing

an important

in a series of efforts to cut off

pending business deal with

Tarver said Sullivan's men-

the SCLC from its sources of

some unnamed bankers in

tion of a deal between Atlanta

funds, according to the Senate

Haiti.

and Haitian bankers "sounds

staff report.

"However," Sullivan contin-

The report contended that

ued in the memo,

"McGill

imagination taver recaled

imagination.

William Sullivan of the FBI

said he would do what he

attending a planning meeting,

NN 54961 DocId: 32939499 Page 67

---

## Page 68

1FBI Put King

On Secret List

For Detention

By JOSEPH ALBRIGHT

Journal Washington Bureau

WASHINGTON- The

Sen-

ate

Intelligence Committee

has disclosed that the FBI

placed

Dr.' Martin

Luther

King Jr. on a secret "deten-

tion" list in 1962, shortly after

King led a civil rights march

in Albany, Ga.

That was the beginning of

the FBI's six-year campaign

to neutralize King as an effec-

tive civil rights leader, which

the

committee

called

shameful chapter in the na-

tion's history.

In a 50;000-word staff re-

port, the committee Wednes-

day revealed a telegram irom

the late FBI director J. Edgar

Hoover to the Atlanta,FBI of-

fice in May 1962 directing

that King be placed on the so-

called

"reserve list,"

which

named persons to be roundep

up in

event of a national

emergency.

Hoover's

telegram

also

"(Mount Clipping in Spaco Balow)

paign to the civil rights pro-

"ordered that King be "tabbed

a Communist" in the bureau's

internal records dealing with

subversives.

Five months later, the FBI

began

a

massive

formal

investigation of King and his

Southern Christian Leadership

Conference that was aimed at

finding evidence of Commu-

nist infiltration.

That investigation, known

as COMINFIL, never turned

Up

any evidence that King

was indeed a Communist, ac-

cording to the Senate report.

Even so, according to Sen-

ate sources, King remained on

the FBI's emergency deten-

tion

list

-until

he

was

murdered in 1968.

While declaring King had

no personal connection

with

the Communist party, the Sen-

ate report. did confirm that

the FBI had some information

in 1962 indicating that two of

King's associates wyere linked

to the Communist party while

advising King.

But, the Senate investiga-

lors reported, they were

"un~

able to reach a conclusion

concerning the accuracy of

the FBI's charges" against the

two King

associates, who

were

described

only! as

Adviser A and Adviser B. The

report said the FBI declined

to produce the factual basis

for its judgment on the two

King advisers for tear of com-

promising its sources.

The report traced the origin

of the fBI's anti-king cam-

tests in Albany, in which King

was jailed late in 1961.

On the day King went of

trial in Albany for parading

without a permit, Hoover di-

rected all FBI field offices to

review their files for "subver-

sive" information about King,

which was to be submitted in

reports that were "suitable

for dissemination."

The

Senate

report said

• Hoover was outraged

when

King was quoted in Allanta

newspapers as charging that

the FBI agents handling the

Albany demonstration were

white Southerners

"friendly

with the local police and peo-

ple who are promoting segre-

gation."

The Senate report quoted

William Sulliyan,

who was

then head of the FBI Domes-

tic Intelligence Division,

as

saying Hoover was "very dis-

traught

over

these criti-

cisms."

Sullivan said Hoover never

forgave King for not return-

ing two phone calls from FBI

officials soon after, which the

bureau placed in an effort to

"set him straight."

The Senate report declared:

"The FBI's COMINFIL inves-

tigation appears to have been

centered

almost entirely on

discussions among Dr. King

and his

advisers

about pro-.

posed

rights

activity

through COMINFIL wiretags

_ Xoros copies mado?

original seat,

NH 54961

DocId: 32909499

Page 68

(Indicale page, name of

newspaper, cily and state.)

Page 1-A

THE ATLANTA JOURITAT

Atlanta, Georgia

Date:

5-6-76

Edition: Livelig

Author:

Joseph Albright

Editor:

Jack Spalding

Title:

SENSTUDY 75

Character:

of

Classificatlon: 62-2854:

submitting Office: ATLi.TA

• Being Investigated

602-2854-6

SEARCHED.

INDEXED.

SERIALIZED.

FILED.

MAY 1 1 1976

EBI - ATLANTA

---

## Page 69

fand bugs was used by the FBI

did so, according to Sullivan,

McGill, said he was confident*

in a series of efforts to cut off

because they were worried

that "if McGill had done anyt

the SCLC from its sources of

about losing an important

"funds, according to the Senate

pending business deal with

thing like this, he would have

told me."

staff report.

some

unnamed bankers in

• Tarver said Sullivan's men-.

The report contended that

Haiti.

• tion of a deal between Atlanta

William Sullivan of the FBI

"However," Sullivan contin-

and Haitian bankers

"sounds

ued in the memo,

"McGill

like a figment of someone's

gave unspecified derogatory

said he would do what he

information about King to the

imagination." Tarver recalled

could to encourage key people

Jate Ralph McGill, publisher

attending a planning meeting

of The

Atlanta Constitution,

to limit their praise and sup-

of Atlanta civic leaders at the '

as part of an FBI campaign

to dissuade community lead-

birt of King as much as possi-

Piedmont

Driving

Club.

"There was no hint at that

ers from participating in a

The

Senate report said,

meeting that there had been

1965 banquet to honor King

"McGill's

version of

what

any effort on anyone's part to

for winning the Nobel Peace

transpired

will

never

• Prize.

known

. Since

McGill

be

undermine the affair," Tarver

has

said.

deceased.".

Tarver also said that

In an internal FBI memo

McGill attended the 'banquet,

quoted by the Senate investi-

Asked to comment, Eugene

an act he viewed as wholly

• gators,

Sullivan

contended

Patterson, then editor of The

inconsistent with the tone and

that McGill had even cooper-

Constitution, said: "This is a

content of the Sullivan memo.

ated to some extent in

the

discredit to

the memory of

• Another journalist identi-

FBI's effort to undermine the

Ralph McGill, who worked his

fied in the Senate report as

dinner.

tail off to get that banquet

having been offered anti-King

put together. He was one of

The Sullivan memo, written

information by the FBI was.

about a

week

before

the four co-sponsors of the

the

David Kraslow, now chief of

highly successful King dinner

dinner, and he sat at the head

the Cox Newspapers Washing-

in

Atlanta,

stated,

"Mr.

table.

If he contacted any

ton Bureau.

bankers, I am sure it was

McGill told me that following

Kraslow was described in

my first discussion with him a

simply to raise money for the

the report has having told a

few weeks ago, he contacted a

dinner."

Senate Intelligence Commit-

banker friend in Atlanta who

Patterson, now editor of the

investigator that one of

is helping to finance the ban-

St. Petersburg (Fla.) Times,

his "better sources at the bu-

quet to be given King next

confirmed that both he and

reau" offered him'a tran-

Wednesday night. The banker

McGill were offered deroga-

script of a tape recording on

was

disturbed and

said he

tory information on King's

Dr. King.

would contact

some other

private life by FBI agents.

In the mid-1960s, Kraslow,

bankers also involved and see

know of my own personal

then a

Washington

if support

withdrawn. Could quietly

be

knowledge,"

said Patterson,

corre-

spondent for the Los Angeles.

"that McGill shared my out-

Times, said his source read

rage at the FBI for trying to. him a portion of the tran-

? Sullivan's memo went on to

tar King."

told him the bankers decided

to go ahead with financing the

on tian, an act in

script on the phone, claimin

it came from "bug" operated

by a southern police agency.

Kraslow declined to accept.

King banquet. The bankers and long-time associate of

the transcript.

NW 54961

DocId: 32989499

Page 69

!

---

## Page 70

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

(Mount Clipping in Space Below)

BILL SHIPP

The Rubber-Hosing of the FBI,

THE BREATHLESS now-it-can bef

told reporting on the Senate Se-

taste of being branded by unidentified

sources as commies or worse.

lect Intelligence Committee staff re•

No doubt, old Klansmen everywhete

port on the FBI and Dr. Martin Lu

are chuckling gleefully as they reag

ther King Jr. is a disservice to the.

how Church and his committee are

vocation we call journalism.

rubber-hosing the FBI. The Klan took

Alleged Communist influence on Dr.

as much harassment from the feds as

King, attempts to throw cold water on

anyone. Strange telephone calls were

a dinner honoring him for receiving

made to employers of Kluxers. Their :

the Nobel Peace Prize and passing

Klaverns were infiltrated by under-

cover men and feds even hid in the

(Indicate page, name of

newspaper, city and state.)

Page 23-4

THE ATLANTA JOUR AI

— & COMSTITUTIO

Atlanta, Georgia

Bill Shipp is associate editor of The

bushes outside a certain private club

Atlanta Constitution. Editor Hal Gul-

east of here to record some of the sex-

liver is on vacation.

ual habits of the KKK.

around transcripts of alleged conver-

When Church and his committee

sations involving King-anyone with

start dishing out accusations against

enough brains to operate a microfilm

the FBI for trying to besmirch the

machine could have found it all in the

name of Dr. Martin Luther King Jr.,

in the pages of their newspapers when

let's make certain everybody gets his

it happened.

fair share. Every white law enforce-

The select committee, chaired by

ment organization in the South cer-

Sen. Frank Church, who also is a

tainly did its utmost to provide all the

candidate for president, points an

dirt available on the civil rights

accusing finger for the umteenth time

leader.

at the FBI and again says, "Wow, look

Our man in Washington, David

what they did."

Kraslow, says he turned down part of

There is not much doubt that much

a transcript of a conversation offered

of what the FBI did in the 1960s dur-

him by the FBI relating to the King

despica civil The confaret was pretty

matter. So did many of us involver

despicable. The hierarchy

with trying to keep tabs on the princi-

movement was not the only one who

pals of the turbulent years of the civil

The kids marching under the

rights struggle. Most of us turnen

fdown the alleged tapes of king's cor:

"versation because there was no way tip

Date:

Edition:

Author:

Editor:

Title:

5-9-76

Sunday

Bill Ship

Spaldiag/ Gull':

SENSTUDY 75

Character:

or

classification: 62-2854

Submitting Office: AlL-i!I.

Hopes

SEARCHED.

SERIALIZED.

So copies made

Liginal sent Bureau.

-FILED

MAY 1 1 1976

*BI - ATLANTA,

AW 54961

DocId: 32989499

Page 70

---

## Page 71

check out their authenticity-not be-

cause we were such moral and ethical

souls.

A member

of

these

newspapers

staff, who was later to win a Pulitzer

Prize, wrote a series

on the High-

lander Folks School, the "race-mixer."

Dr. King went there along with some

oldtime Communists.

I wrote a couple of things about.

King and some of his advisers, some

of whom had Communist party con-

nections. It was natural for the radi-

cal lefts of the civil rights era to con-

gregate around the leaders who were

striving for equality for blacks, just as

• it was natural for the radical rightists

to get into the Klan or the White Citi-

zens Council.

Most

of

the

leads about

"subversive" on the right or left of the

movement came directly or indirectly

from lawmen.

It is not surprising that King's name

was placed on a special "subversive"

roundup list by the FBI in the early

1960s.

When King and his organizers

(including Andrew Young, now Fifth

District representative)

began pro-

tests in Albany, the FBI and the local

and state law enforcement officers

were shocked at their tactics. March-

•ing and singing and gladly going to

jail - there had to be something sub-

more Washington connections and

probably knew more about allegations

the banquet would be held, you should

have seen enthusiasm in the business

community about the banquet.

As far as the report that Ralph

McGill tried to discourage the dinner

for King, go back someday when you

have time and read what the late Con-

stitution editor and publisher had to

say about the civil rights leader. Any-

one would be happy to have such "dis-

couraging" words written about him.

In the end, it was generally agreed

that Dr. King had served well his na-.

tion, his people and the world. The

Church report covering a multitude of

FBI abuses that have been hashed and

rehashed and rehashed again does no

honor to the memory of Dr. King. Nei-

ther

does it serve the national

interests. Let us correct the abuses off

the FBI but not by publishing and

républishing old newspaper clippings.

NW 54961

DocId: 32989499

-Page 71

---

## Page 72

Willinne Satire

Watergate and the Attorneys

General

WASHINGTON - "Everyhou

it" is no excuse for wrongdoin

1115,

-ilt

the Church committee reports. dar..u-

i strate

conclu-

sively

that

seeds

the

of Water:

gate

were

planted and nour-

ished

two

Democratic

administrations.

Using the Sen-

ale committee's

lindings,

let

US

observe a trio of

Attorneys

General at their individual

mom.'

of truth.

1. Nicholas Katzehbach and the hu,

ging of hotel rooms of Martin Luther

King. The unlawful harassment of Dr

King was the worst abuse of federal

power against an individual in ni.

history; Atty. Gen. Katzenbach knev;

about it, was warned about it, had tre

power to stop it - but looked thr

other way.

It was Ben Bradlee, then head r

Newsweek's Washington Bureau, wh

- to his credit - alerted Katzenbacl

to the way FBI officials were ped-

dling salacious King tapes to newsmen

in 1964. In his moment of truth, the

Atty. Gen. response was "clearly

inadequate," concludes the committee.

Hal Gulliver's column will resume

shortly.

In fact, he permitted the official wire-

tapping of Dr. King to go on for four

months after receiving the warning of

a smear campaign using unofficial

"bugs."

When Katzenbach's complicity in

the bugging of Dr. King was first sug-

gested in this space a year ago, he ex-

ploded with a letter using all the libel

1 code words.

But Church committee counsel con!

I fronted

him

with

documentary

evidence that he had been informed of

the placement of microphones in Dr.

King's suites. Three FBl memos say-'

ing so bore Katzenbach's handwritten

initials, and there was a handwritten

note from him - dated and

sequence with a bugging notification

- telling Director Hoover "Obviously

these are particularly delicate surveil-

lances and we should be very cau-

tious...

Katzenbach's reaction to this evi-

dence

was

insist he couldn't

remember what his note was refer-.

ring to - maybe it was some other

surveillance that day. Nor could he

remember initialing any of the bug-

zing notifications, but - under oath

- he added artfully: "If they are my

initials and if I put them on, then I

am clearly mistaken..

The Church committee report on

Dr. King (written ' with

admirable

evenhandedness by Old Kennedy Hand

Michael Epstein) permits the clear

conclusion that (a) the wiretapping of

Dr. King

was originally

Kennedy's idea, not J. Edgar Hoov

er's, and. (b) the systematic program

f snoop and smear could probably

lot have taken place without the

sometime

tacit,

sometimes explicit

toleration of Nicholas Katzenbach.

2. Ramsey Clark and the Doar Plan

to spy on dissidents. Under heat from

the Johnson White House to crack

down on black power groups and New

Left peaceniks, Atty. Gen. Clark told

his henchman, John Doar, to come up

with a plan to bring the full power of

government to bare on gathering

intelligence about dissenters.

The Doar Plan - forming

the

«interdivision information unit," de-

scribed last year in this column

was submitted, urging that agencies

as disparate as the Narcotics bureau,

the poverty program, the iRs and the

Post Office Department be tapped to

"funnel information" into a computer

that a later Clark study said

would

create a "master index on individuals,

or organizations."

Clark, in that moment of truth in

1967, approved the Doar Plan, spawn-

ing the infamous IDIU, which - in,

the Church committee's words -was

the focal point of a massive domestic

intelligence apparatus

resulting

fin excessive collection of information

about a abding gizens modes

gil sent Lucio,

(Indicale page, name of

newspaper, clly and state.)

Page 4-A

PILE

ATLANTA COSTITUIIC

Atlanta, Georgia

Date:

5-11-76

Edition: Morning

Author:

William

Safire

Editor:

Hal Gulliver

Title:

SENSTUDY 75

Character:

Classification:

62-2854:

Submilling Office: ATLANTA

_ Being Investigated

SEARCHED.

12 -35-64

SERIALIZED.

FILED.

MAY 1 1. 1976

SO ATLANTA

NW 5496T Docid: 32909499- Fage-72

---

## Page 73

3. John Mitchell and the Huston

Plan. Thanks to the fine work of imi

peachment counsel John Doar, we;

have been treated to many lengthy

jenunciations of this proposal of

young man in the Nixon "White House"

to

combat

dissidents

with illegal

"black bag jobs." mail openings and

evesdroppings. It turns out that in

making

his

scandalous suggestions,

• Tom Huston was not aware that most

of them were already standard oper-

ating procedure for intelligence agen-

cies

under Presidents

Kennedy and

Johnson.

. In his moment of truth, in the face

of White House pressure urging him to

approve the Huston Plan,

what did

Atty. Gen. Mitchell do? Writes the

Church committee:

"CIA Director

Helms shortly thereafter indicated his

support for the plan to the Atty. Gen.,

telling him 'we had put our backs into

this exercise. Nonetheless, Mitchell

advised the President to withdraw his

approval. Huston was told to rescind

his memorandum . .

These three moments are not cited

to suggest Attorneys General Katzen-

bach

and Clark

were

devils

and

Mitchell was a saint. But they might

be remembered in reviewing what

each of the trio is doing today:

Katzenbach, making no apology for

his role in the King case is taking

down $300,000 per year in pay and

benefits as IBM's

general

counsel.

Clark, posing as a civil libertarian, is

a candidate for the Democratic nomi-

nation for senator from the state of

New York. Mitchell, acquitted at one

Apolitical show trial and convicted at

another, has seen his career ruined

Equal just've under law?

...-..--... -. -- -

NW 54961

DocId: 32989499

Page 73

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## Page 74

(Mount Clinaina In Sunca Balow)

IRS Gave FBI Names of

Secret SCLC Contributors!

By CLAUDIA TOWNSEND !!

Constilulion Washinglon Bureau

WASHINGTON - When the FB.

was looking for ways to undermine the

civil rights work of Dr. Martin Luther

King Jr.,

the Internal Revenue Service

(IRS) helped out by revealing the names

of people who had contributed secretly

to King's Southern Christian Leadership

Conference (SCLC), according to a Sen-

ate staff report released Tuesday.

The IRS had the names because the

- SCLC is a tax-exempt organization re-

quired by law to file a list of its contrib-

utors. But the list is a confidential one,

so that persons may contribute to SCLC

or similar organizations without making

their support public.

Giving the FBI access to the names

of donors to SCLC and other organiza-

fions "has threated both the integrity

If the tax system and the constitutional

rights of the contributors," the Senate

Intelligence Committee

staff report

charges.

"The identity of members of organ-

izations such as the SCLC is privileged

to protect members in their right to

freedom of association,"

the committee

staffers wrote.

The FBI's plans to use the list of

f king and the SCLC in 1964. On April 1ị

1964, the Atlanta field office suggested

in a memo to FBI headouarters in

Washington that the SCLC donor list be

used in a plan to disrupt future contribu

tions to the organization.

What the FBI should do, the Atlanta

office suggested,

was to forge letters

from King to each of the donors, warn-

ing the donors that the IRS was investi-

gating seLl's tax records and reassur-

ing each one that his contribution was

properly reported according to tax law

requirements.

"It is believed such a letter of this

type from sCLE (to the donors) may

cause considerable concern and elimi-

nate future contributions," the FBI

memo stated.

FBi officiais in Washington rejected,

the suggestion as "not appearing desira

"ble and-or teasible for direct action by

"the bureau this lime."

However,

the committee report.

states, the fact that the FBl didn't go

through with the plan "does not affect

the basic point that FBI headquarters

furnished the tax information, including

the list of contributors, to the local of-

fice in order to enable the local office to

(Indicale page, nome of

newspaper, ally and slate.)

Page 1-C

TIE

ATLANTA COUSTITUTIC

Atlanta, Goorgia

Date:

Author: Claudia

To..ase 16

Editor:

Hal Gullivsr

Title:

SENSTUDY 75

02182a01 Sent Burcou

Character:

ог

lassification: 02-2854

submitting Office: ALLat.

Being investigated

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FEL-ATLANTAGE

NW 54961

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for

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## Page 75

years worth of tax returns for King. the

1 wo bur of in returns arie in five Descene, by the instigate mass

•described

SCLS, and the Gandhi Society (a group

important presently pending" portion of

that the FBI said "augmented" SCLC's: the FBI's activities against King.

fundraising activities)

Shortly after

that, however, the

FBI agents also obtained a promise

investigation was dropped when

the

from IRs to scrutinize King's then-cur-

original source of the rumor told the

rent" returns "very carefully to deter-. FBI that the existence of the bank ac;,

mine whether any violations appear."

count "was merely a wild conclusion.

In 1965, the FBI launched an inves-

Fifth District Rep. Andrew Young

tigation aimed at proving that King held

told the committee that contributions to

large amounts of money in a numbered

SCLC were "chilled" by the FBI's alle-

Swiss bank account. That plan was con-

candie of the time is ani

There were direct attempts a

some of our larger contributors who tol

he King case mentioned that he'd hear

King had a million-dollar bank account

i he proral of former ra, ate ton to march on to ind of

shat bank account was undertaken. By!

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## Page 76

(Mount Clipolna In Saara Balaw)

MORTON HALPERIN SAYS

Spying on Citizens

Spans 25 Years? I

for 2o years or more. U.S

One

such letter, in 1968,7

intelligence

agencies

opened

written by political consultant

and read Americans' maik

tampered

Ray Price, who was a tourist

cables, and spied on thousands

of private citizens while their

d open on.

with oversee

In Russia at the time, was full,.

NDf advice on the U.S. presiden-

tial primaries to his candidate

leaders condonad violating the

-Richard Nixon.

Constitution, a former White

Halperin, now director of

House staffer said here.

the ACLU-sponsored Project

on National Security and Civil

"These

were not

'minor

Liberties,

said Ford's pro-.

aberrations'

as some would

posed reforms would make it

like us to believe. Intelligence

harder to uncover abuses by

agencies, acting sometimes as

the CIA and other intelligence

an

arm

of

the

on

president,

sometimes

their

agencies.

own,

The Ford proposal would

carried out systematic pro-

levy a criminal penalty on

grams which their leaders

anyone who exposed intelli-

knew were illegal," said Dr.

Morton Halperin,

one-time

gence operations without a

prior "lawful" demand from a

senior staff member of the

congressional committee.

If National Security Council.

"The

Founding

Fathers

started with the assumption

Halperin told an American

"hat it is a crime to tempt

Civil Liberties Union (ACLU)

people with unlimited power.-

audience

ruesday night that

nd they meant the Bill of

intelligence "reforms" recom-

Rights to apply in times ol

mended by President Ford

will allow the Central Intelli-

gence Agency, fbl, and mili-

ary spy services to continu

abusing the law under a cloal

Even the Russians were so

confident of American consti-

tutional guarantees that thes

cas to sen

used the u.s.

es in this cours, a go:

"They used it in the crazy

belief that Americans would

sot open up their citizen'

nail " he sai

He said CIA officials first

am, hey as is as times de

He called for a strong con-

gressional oversight commil.

tee to monitor intelligena:

agencies, and advocated that

nast officials who ordered,

covered

priminal activities be proses

3

"???

then bribed postal overseers

O allow the CIA to open and

ead the mail

NW 54961 - DocId: 32989499 Page 76

(Indicate page, name of

newspaper, city and state.)

Page 2-A

THE ATLAUTA JOURITAL

-Atlanta, Georgia

Date:

5-12-76

Edtton: Evening

Author:

Editor:

Jack Spalding

Title:

SENSTUDY 75

Character:

Of

Classilication: 62-2854

Submitting Office: MILiTA

Being Invesligated

s5t-66

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MAY 1 : 1976

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## Page 77

(Mount Clipping In Spaco Below)

(Indicate page, name of

newspaper, city and state.)

Page 19-A

THE ATLAUTA JOURITAL

Atlanta, Georgia

Better tack him to the wall- the air conditioner keeps

blowing him down'

we copter nade!

5206 402230

Date:

5-18-76

Edition: Evening

Author:

LOM DaRCY

Editor: Jack Spalding

Tille: SENSTUDY 75

Character:

Classification: 62-2854

Submitting Office: ATLi.ITA

• Being Investigated

62-2854-68

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BI ATLANTA D

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## Page 78

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

(Mount Clipping in Space Below)

Watchdog

But who watches the watchdogs?

tional Security Agency, the Defense

• The Senate, with ample reason, has

Intelligence Agency and others.

approved 72-22 a resolution creating a

s there any reason to believe th

15-member permanent committee to

new committee will do the job th

oversee and control activities of the

CIA, FBI and other government spy

agencies.

By now every literate citizen under®

stands why the Senate found this

necessary. The spy agencies, with the.

connivance of presidents and other top

leaders, have been trying to usher in

1984 a little ahead of time. We have

commented at length on all this be-

fore and won't go through it here. Suf-

fice it to say that thick reports from

congressional committees document-

ing the misdeeds of the agencies make

it clear that something has to be done

to curb their excesses or we can all

kiss goodbye to The Bill of Rights.

So we have the Senate's new watcht.

dog committee. The new committee

will take over a job that was supposed

[to have been done by several other

committees,

including

Armed

Services Committee which lost its ef

'fort to retain jurisdiction over the Na-

Church, was part of doing that, and so •

was the creation of this new commit-

tee, But whether this new committee

will continue to do its duty remains to

be seen. We, the people, will probably

have to watch the watchdogs.

Georgia's Sen. Sam Nunn, incider®

tally, added an amendment, accepted

without objection, that requires classi®

President's objection to be approved

by the full Senate. During the long

congressional investigations the track

record for secret keeping was dismal

for the good of us all, must be kept.

edicate pace, name state

wspaper.

Page 4-1

THE

ATLATTA COSTITUTIO

Atlanta, Georgia

Date:

Edition:

Author:

Editor:

Title:

3-21-76

H0I2103

Editorial

Hal Gulliver

SENSTUDY 75

I Horos contes mado!

miegmal Grad 100.20 73x

INW 54961 DocId: 32989499

Page 78

Character:

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Classification: 62-2354

Submitting Office:

ATI.UT.

• Being Investigated

622854.69

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## Page 79

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

• Mount Clipping in Space Balnw!

ill

Refurbished F.B.l.

Over the past 15 months, con- the FBI. A similar survey re-

gressional investigations and cently showed that fewer than

•journalistic exposes have uncov- 40 per cent still kept the faith.

ered benumbing evidence of

Out of the investigations and

gross malfeasance on the part of charges, important overdue

the Internal Revenue Service

changes in the FBI are beginning

(IRS), The Central Intelligence to emerge. Internal changes are

Agency (CIA) and the Federal being made by Director Clarence

Bureau of Investigation (FBI).

Kelly and his overseer, Attorney

Many Americans have tradi-

General Edward H. Levi. Con-

tionally mistrusted the IRS and

gress will impose curbs on FBI

the CIA. They had doubts about powers and modus operandi.

the IRS because of the complex-

The new rules of the game de-

ity of its tax forms and an

al- fine the FBI's powers to carry

tax audit. The coat-and-dagger,

super-secret nature of the CIA

engendered®

anxiety. It was a

ment oversight of FBI opera-

simple case of fear of the un-

tions. There will be restrictions

known.

on the collection, filing and dis-

On the other hand, the FBI

semination of information that

was the most respected and

might be damaging to individu-

trusted law enforcement agency

in the land. The late J. Edgar

Most importantly, a fixed ten-

Hoover and TV's Inspector Ir- ure for the director will prevent

. Skin were the country's two best

anyone in the future from build-

known cops.

ing up such awesome power as

a survey conducted early in that acquired by the late J. Ed-

1974 indicated that more than 85

gar Hoover.

" per cent of those polled had

ree rode ties it appeare..

complete faith in the integrity.of that we acted in time.

(indicate a get amd atate.)

Page 4-4

THE MACON ZIENS

Macoi, Georgia.

-

-

Date:

Edition:

Author:

Editor:

Title:

5-17-76

Evening

Editorial

Joseph Parhan

SENSTUDY 75

O Teres cories mato!

Brandto

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NW 54961 DocId: 32989499 Page 79

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## Page 80

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

Intelligence Gathering

Senate Oversight

The need for congressional oversight tion of the strong feeling within the

of the CIA, the FBI and other

Senate that these agencies overstepped®

intelligence-gathering groups has been

the bounds of proper conduct, especial-

obvious for a long time.

ly in the area of domestic spying.

: There have been shameful abuses,

Georgia Sen. Sam Nunn played a

vastly contrary to our democratic

significant role in injecting a matter of

society. These abuses have been

carefully detailed by the Senate Select

common sense when the Senate got

down to approving the final version of

Intelligence Committee's 15-month in-

a resolution creating the Senate panel

vestigation of spy agencies.

to oversee these intelligence agencies.

Now comes the full U.S. Senate

The Senate accepted without objec-

overwhelmingly approving creation of

tion an amendment from Senator Nunn

a permanent committee to monitor

which requires that any classified infor-

fand control the activities of the CIA

mation released over the President's

and. FBI.

objections must be approved by the fully

Senate.

The vote - 72 to 22 - is an indica-

Senator Nunn properly pointed oud

T that language in the bill did not clearly

spell out the full Senate's role in.

declassification and could have been

read as allowing the committee alone

to make the decision on the release.

The Senate;, not the committee,

should have the final responsibility in

making such a sensitive, and potentially

damaging decision.

We trust that adequate safeguards.

will be instituted to prevent any

careless or unwarranted leaking of

classified information.

Some members of Congress routinely

leaked damaging information disclosed

in the long congressional hearings.

They did it despite pleas from the ex-

ecutive branch they were damaging

national security.

The Senate committee can play a

significant role in guiding our in-

¿ telligence agencies toward a healthy!

and reasonable operation

that will

guard our national security.

NW 54961

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Page 4-4

THE COLUMBUS LEDGIR

Columbus, Georgia

-

-

Date: 5-21-76

Edition: Afternood

Author: Editorial

Editor:

CARLTON JOR SO.

Title:

SENSTUDY 75

Character:

or

Classification:

62-2854

Submitting Office:

ATKITTA

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FBI - ATLANTA

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## Page 81

(Mount Clipping in Space Bolow)

Other Voices/Eugene Patterson

15-8

are.

Sweet Lies Soothe Hoover

EDITOR'S NOTE: Eugene Patterson is

did not publish a peephole journal, and told

president and editor of The St. Petersburg

f the agent a person's private life is not news,

Times,

where this column originally ap-

peared. He was editor of The Atlanta

Con

he hotly criticized The Constitution for sup-

porting Dr. King's public. leadership and

stitution 1960-1968.

blinding its readers to his private "immoral-l

~. While the late J. Edgar Hoover was di-

ity." Other Southern newspapers. received

recting agents

of his Federal Bureau of

similar visils and to the press' credit not :

Investigation to smear and ruin private citi-

one printed the FBI's smears in Dr. King's

zens he didn't like,

he

lifetime.

being

deluded

McGill and I were astonished and out.

Within this own head

raged that our friends in the FBI Atlanta

quarters, we now learn,

bureau had been

assigned,

obviously by

by deceitful

reports

Hoover, to such a dirty business as charac-

from assistants. who

ter assassination, and by these sleazy

apparently

director

told

what

the

wanted to hear.

he

Ralph McGill could muster a towering

anger and I never saw him madder. His

irst impluse was to get word to Dr. King si

Not

only

Hoover

was

dangerously

he could protect himself. He picked up the

misusing the federal

telephone to pass the information to Dr

police powers, he was

being fed false and obsequious information

on which to base his reprehensible acts.

That double danger surfaced last week

when a"staff study was released on the Sen-

ate investigation into FBI spying on Ameri-

çan citizens in Hoover's time.

¿ The study contained a memo from Wil-

liam Sullivan, Hoover's deputy, to Hoover.'

This writer has personal knowledge that the

information Sullivan fed his superior was

Sullivan told Hoover in 1965 that the

Tate Atlanta Constitution publisher Ralph

VicGill said and did certain dishonorable

things which I know he did not say or do.

My office, as editor of The Constitution

at that time, adjoined McGill's. As close

personal friends and professional running

mates we talked repeatedly every day,

lunched together, shared our problems and

sought each other's advice. We were in-

separable, in almost constant contact, and

during our 12 years together I never knew

him to tell me an untruth or deceive me on

(Indicate page, name of

newspaper, city and state.)

Page 5-A

THE

ATLANTA COISTITUTIOI

Atlanta, Georgia

& with Atty: Gen. Robert Kennedy to let him

know what the FBI was up to. I don't know

If he reached Kennedy personally. I person

ally told this story to John Doar, one oli

Kennedy's assistants, and was appalled!

when I got no reaction from him, not ever

an indication he had heard what I said (and

we were speaking face to face). I realized

Tonor copios made

Original cont Burcel.

then control, ver eise Kenne de kine emer

Hoover was. doing. McGill and I traded

alsappointed exclamations over this.

Thereafter McGill's columns supported

Dr. King's leadership of the civil rights

movement more strongly than ever.

But Sullivan's memo to Hoover claimed

Date:

Edition:

Author:

Editor:

Title:

5-31-76

Morning

Eugene Patterso

Hal Gulliver

SENSTUDY

75

that McGill was so shocked by the. FBI's

information on Dr. King's private life that

he stated he would use his influence to get

Dr. King out of the leadership of the civil

Character:

rights movement! That must have been

music to Hoover's ears, encouraging him to

press on. with his bugs and taps on Dr.

Nothing disturbed us more during that

king's bedroom. The problem is, it just was-

ACAU COlassification: 62-2854

Submitting Office:

stressful time of Southern desegregation

in't so. McGill's shock was directed at the

than our separate discoveries, discovéries,

FBI, and his support went to Dr. King. He'd

which we immedately shared, that FBI

Have been the last man in the world to (tapher

ATI INT!

Being Investigated

agents were spying on the personal life of

desert King in these circumstances.

60-7557/

Dr. Martin Luther King Jr. Our knowledge

Worse, Sullivan's memo went on to re-

SEARCHED

72

was firsthand. Agents of the Atlanta FBI bu-

gale Hoover with the notion that McGill

_INDEXED.

SERIALIZED.

reau visited us in our offices and alleged

FILED Z

would attempt to block an Atlanta banquet

they had proof of Dr. King's involvement in

extra-marital affairs. In my case an agent,

scheduled to honor Dr. King after he won

the Nobel Prize. McGill would work through

on two separate visits, insisted strenuously

JU!1

phat I assign a reporter and photographer to

a banker friend to get the business com-?

1976

munity to withdraw its support for the ban-

catch Dr. King and his companion at an air-

Iquet, Hoover was told by Sullivan.

FBI - ATLANTA

port where an FBI "informant" (meanin»

That fabrication is a laugher for one

goug) said he was going to board a plane the

who was there, as I was. There wasn't any

, N07 40641-00014:329894 Bannege 83usiness community support

---

## Page 82

alternately raged and laughed at the specta-

too timid

- on the bankers to support the King banquet.

from being a lonely gathering of black peo-

ple and a few white humanists by an inpour

and even

single-handed exertions.

I had thought the finest irony of that

banquet was the praise Time magazine later

• lavished on Atlanta because the white estab-

lishment had honored a black son, the kind

of national: publicity that brought a boom to

thạt once s.eepy town.

3ut now the Senate investigating stati

has disclosed the true irony: Hoover thought

McGill was trying to sabotage the banquet,;

because his agents had told him so.

The implication speaks for itself. An

autocratic FBI director, armed with

the

public's trust and secure from a cowed Con-

gress, could misuse his power to stalk and.

he wanted only good news, he got demon-

strably false intelligence upon which to bas

his whoser the ronnote: The agent who

failed to persuade me to smear Dr. King ir

saw the letter. It said the agent was being

punished for being six pounds overweight.

NW 54961

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## Page 83

(Mount Clipping in Space Below)

The FBI and King Dinner

SAN FRANCISCO -I read with interes,

Associate Editor Bill Shipp's Sunday columh

way 9 on

"The Rubber-Hosing of the FBI,!'

However, it is regrettable that he failed

mention

the three prime movers of the

Atlanta civic banquet honoring the late

Martin Luther King-after he was awarded

the Nobel Peace Prize. Coca-Cola's Robert

Woodruff was a late and reluctant starter.

Sir

• .

. The three men most responsible for the.

banquet were former Mayor Ivan Allen, the

late Archbishop Paul J. Hallinan, and the

late Rabbi Jacob Rothschild. They were the

Original organizers who went ahead with the

banquet planning, despite pressures from

the FBI.

Several weeks before the banquet, as

editor of The Georgia Bulletin, I was visited

by a bureau agent concerning alleged extra•

marital sexual activities by Dr. King. 1 was.

urged not to let the Archdiocesan newspaper

be party to the sponsoring of the banquet.

One quote of the FBI agent stood out:

"The Church should be very careful

about honoring such a man, for you will

only regret it when all the facts come out."

I told the agent that he would have to

come up with more than an innuendo, and

refused to drop the sponsorship.

Several days later, the agent visited the

Archbishop, who was seriously ill in St. Jo-

seph's Hospital. I saw the Archbishop after

" the visit, and he was very upset at the FBI

tactics. He told me he had refused the FBI

suggestion that he back out as a prime spon-

sor of the banquet: And to show his support

for Dr. King; he left his sick-bed to attend

the banquet.

Contrary to what Mr. 'Shipp says,

{lose aper clippin cannot be found in "old

GERARD E. SHERRI

Editor-Manage,

The Monitor

date di and stato.)

Page 5-A

THE

ATLANTA CONSTITUTIO

Atlanta, Georgia

Date:

Edition:

Author:

Editor:

Title:

5-31-76

Morning

Gerard Sherry

1al Gultive:

SENSTUDY 75

Character:

of

Classification: 62-2854

Submitting Office: ATL.ETT.'

W Being Investigated

62-2854-73

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## Page 84

Hal Gulliver

(Mount Clipping in Space Below)

McGill and King and the FBI!

This is about the late Ralph MeGill,

longtime editor. and publisher of The

Atlanta Constitution, and FBI memos;

"and" the

allega-

tion that McGill

• tried to undercut

• the

effort

to

•honor Dr. Martin

Luther King Jr.

There are two

other

. reports

relating to

that

same matter on

the

opposite

• editorial

page

today, one a let-

the other a column by bugene

Patterson whe was editor of The Con-

stitution at the time the King dinner

was being planned. Both are worthy

•Other. close associates of McGill

have of course already called the FBI

memo

into question.

"If McGill had

done anything like that lie would have,

told me," said Publisher Jack Tarver

after the news story on the FBI memo

broke. "Ralph McGill always thought

very well of Martin Luther King and

defended him," said Mills B. Lane JT.,

then head of the C&S National Bank,

adding,

"As I remember it,

he

(McGill) helped to organize that thing

(the dinner honoring King for his

Nobel Peace Prize)."

Patterson sent along a copy of the

column he wrote for the St. Petersa

burg Times, with a note, "The William

uilvan memo is a riaiculous slander

f- Pappy (McGill) who isn't here to

defend himself."

Perhaps one of the most interesting

observations is offered by Patterson,

that indeed J, Edgar Hoover was re-

ceiving memos from top

assistants

thạt seemed designed mostly to tell'

Hoover what he wanted to hear, accu-

rate or not.*

The whole sorry incident does noth

•ing to mar McGill's great record as •

editor and journalist.

when it took guts to have guts,"

someone once said of him. And he has,

friends and admirers enough to put.

something like the r'Bl memo's alle

& gation in perspective.

But it does expose a sorry pertod in

the history of the FBI. -

Maybe the letter from Gerard E.

Sherry, • then editor of the Georgia

Bulletin, is most revealing on that

score.

Yet it's a nice thought too

5 to

remember, as Sherry does, that, the

late Archibishop Paul J. Hallinan was

so outraged at an FBI suggestion that

he withdraw as sponsor of the King

banquet that, though he was seriously!

ill at St. Joseph's Hospital, Archib.

shop Hallinan got out of his sickbey!

to attend the dipner.......

(Indicate page, name of

newspaper, city and state.)

Page 4-A

THE

AFEATIA CONSTITUTIO

Atlanta, Georgia

Date:

Edition:

Author:

Editor:

Title:

5-31-76

Morning

Editorial

Hal Gulliver

SENSTUDY 75

Aste

Haynes

Original son:

Character:

or

Classification: 62-2854

Submitting Office:

ATLIT.

Being Investigated

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