Document date: 00/00/0000

# DOCID-32989799

## Page 1

File #:

Heleased under the John F. Kennedy

Assassination Records Collection Actof

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

65994 Date: 11-01-2021

62-WF-10744

Serial Scope:

(Hun 9, 1l thru 23, 26,27,29, 155NK 30 thi 33

i.s.-

FLA#

NA

NW 65994-Đocld:32989799-Page

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## Page 2

WR774 WA CODE

9:59PM MITEL 5-3-75 MSE

IO ALL SACS

FROM DIRECTOR

(S? -115395)

PER SO'JAL

SEUST LD Y 75

CAPTIONED MATTER PERIAINS TO BUREAU'S HANDLING OF RENESS

FROM SENATE AND HOUSE SELECI COMMITTEES TO SUDY GOVERNE NIAL

OPERATIONS MITY PESPECT TO INTELLIGENCE ACTIVITIES. IN CONNEC-

I ION WITH WORK OF THESE COMMITICES, STAFF MEMBERS MAY SEEK

TO INTERVIEW CURRENT AND FORMER FBI EMPLOYEES.

PIC TLY, THE SENATE SELECT COMMITTE? (SSC) STAFF HAS

INTERVIEWED SEVERAL FORMER EMPLOYERS AND IT IS ANTICIPATED

THAT MANY MORE SUCH PERSONNEL WILL BE CONTACTED.

TH. FBI HAS PLEDGED FULL COOPERAIION WITH THE COMMITTEE

AND WE WISH TO ASSIST AND FACILITAIE ANY INVESTIGATIONS UNDER -

TAKEN BY THE COMMITTEE "ITH RESPECT TO THE FBI. HOWEVER, WE

DO HAVE AN OBLIGATION TO INSURE THAT SENSITIVE SOURCES AND

METHODS AD ONGOING SENSITIVE INVESTIGATIONS ARE FULLY

reindere of

=.c.

62-107214-1

it mira

DESTROY 5,

RETAIN

Re Cera lootlate did logge

YRE.

sented

---

## Page 3

4. j

PAGE THO

PROT ECT ED •

SHOULD ANY FORMER EMPLOYEE CONTACT YOUR OFFICE AND

HAVE ANY QUESTION PEGARDING HIS OBLIGATION NOT TO DIVULGE INFOR -

MATIO" OBTAINED BY VIRTUE OF HIS PAST FBI EMPLOYMENT, HE SHOULD

BE INSTRUCIED TO CONTACI LECAL COUNSEL, FBIHE, BY COLLECT CALL.

YOUR CONVERSATIONS WITH FORMER EMPLOYEFS MUST BE IN KEEPING WITH

OUR FLEDGE. IT IS BELIFVED SUCH A PROCEDURE WOULD INSURE PROPER

PROTECTION AND ALSO FACILITATE THE "ORK OF THE SSC.

IHE ABOVE PROCEDURE ALSO APPLIES TO CURRENT EMPLOYEES

OF YOUR OFFICE.

MONIEVER, CONTACT WITH THE LEGAL COUNSEL SHOULD

BE HANDLED THROUGH THE SAC.

END

HOLD

NM/ 65994-Rocld-32989799 Page 3

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## Page 4

wist

BUT IN COLD

C3+9 1151 5-75 NSE

1D 141. 9:C5

GONaCE 037-110392)

FAR COUL MITANTION

SEUST IDY 75

GAOT TONED MATUR PERTAINS TO BUREAU'S HAVELING OF RECESS

TROT STAT AND 40U9S SELTOT CONMITTETS TO SUBY FOVERNGENTAL

OPERAY TONS MITH RESPECT TO INTELLIGENCE ACTIVITIES. IN COUNEC-

• TIDY WITH WORK OF THES" COMITIES, STAFF YONDERS MAY SOCK

RECTLY, QUE REVAT" SELECT COMMITTEE (SSC) STAFF HAS

THAT CAHY DONE GUOY PEROCINEL MILL DE CONTACTED.

A/D US ISY TO ASDICT NO FACILITAIC ANY INVESTIONTIONS UNDER -

TARE! BY THE CONMITTER WITH PROPROT TO THE FOI. HOURVER, VE

DO VIVE AN OSLICALICH TO INSURO THAT SECITIVE SOURCES AND

METHODS NOD COOING ENSITIVE IVESTIOATIONS ARE FULLY

62-10744-1

Ü 55 4'75

NW 65994 Docld:32989799 Page 4

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## Page 5

ar-i

107 J'0

F10.1F+

COULD ADY FORER NAPLOYCE CONTACT YOUR OFFICE AND

MAY. ANY CLESTIO: RECARDING HIS OBLIGATIO: NOT TO DIVULCE INFOR-

MATTO! CETAID WY VIRTUE ON HIS PAST FOR DIPLOMENT, HE SHOULD

DS INUTRUCION TO CONTACT LEGAL COUNGEL, FBINC, BY COLLECT CALL.

YOLE CO VERSATIONG WITH POPER INPLOYCES MUST DO IS KEEPING WITH

IT IS BILIEVED SUCH A PROCEDURS VOID INCURE PROPER

PROTECTION AD MISO FACILTIATE THE WORK OF THE SSC.

TIE AOCUE DEACTURE ALCO AFPLIFE TO CURRENT OPLOYEES

OF YOUR OFFIC

LONOVER, CONTACT WITH THE LOCAL COUNSEL SHOULD

PE HOLES THROUGH THE SAC.

0:9

MOLn

NW. 65994 Docld:32989799 Page 5,

---

## Page 6

NRD36 WA CODE

5:25PM NITEL 5-20-75 PAW

TO ALL SACS

FROM DIRECIOR

(62- 116395)

PER SO NAL

XATTENT ION

SENSTUDY - 75.

REBUTEL MAY 2, 1975.

IN CONNECTION WITH WORK OF THE SENATE AND HOUSE SELECT

COMMITTEES, ITS REPRESENIATIVES MAY CONTACT YOUR OFFICE FOR

INFORMATION.

IN ONE RECENI INSTANCE, A REPRESENIATIVE OF THE SENATE

SELECI COMMITTEE TELEPHONICALLY INQUIRED AS TO IDENTITY OF SAC

IN A PARTICULAR OFFICE DURING 197D.

IN HANDLING SUCH INQUIRIES INSURE ESTABLISHING BONA FIDES

OF REPRESENIATIVE BY SHOW OF CREDENTIALS ON PERSONAL CONTACT OR,

IF TELEPHONIC CONTACI, BY TELEPHONING BACK TO COMMITTEE.

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

CITED ABOVE, OBTAIN FBIHQ CLEARANCE PRIOR TO SUPPLYING ANY

INFORMATION. FBIQ MUST BE EXPEDITIOUSLY ADVISED OF ALL

INFORMATION FURNISHED

END

MMM

Lone

psal

Salter as

afre

Gael Namma

Decial at, 9/35

RA/ 65994

cloR 2984799

Page 6

69710744-221

jite

Mas

---

## Page 7

... -- -

NRO36 WA CODE

5:25PM WITEL 5-22-75 PAW

TO ALL SACS

FROM DIRECTOR

652-116395)

PERSONAL ATTENTION

SENSTUDY - 75.

REBUTEL MAY 3, 1975.

IN CORNECTION WITH WORK OF THE SENATE AND HOUSE SELECT

COMMITTEES, ITS REPRESENTATIVES MAY CONTAGI YOUR OFFICE FOr:

INCORMATIO NO

I: ONE RECENT INSTANCE, A REPRESEITATIVE OF THE SENATE

SELECI COMMITTEE IELEPHONICALLY INQUIRED AS TO IDENTITY OF SAC

IN A PARTICULAN OFFICE DURING 1970.

IN HGSOLING SUCH INCUIRIES INSURZ ESTABLISHING BOMA FIDES

OF HEPRESENTAIIVE BY SHOW DE CREDENIIALS ON PERSONAL CONTACT OF,

IF IELEPHONIC CONTAGI, BY TELEPHONING BACK TO COMITTEE.

UNLESS INFORIATION IS OF A FUBLIC HATURE, AS IN THE INSTANCE

CITED ABOVE, OBTAIN FDIHO CLEARANCE PRIOR TO SUPPLYING ANY

INFORMATION, FBING CUST BE EXPEDITIOUSLY ADVISED OF ALL

INFORMATION FURNISHED,

ERD

62-1044-2

fine

NW 65994 Docld:32989799 Page 7

Lee.

---

## Page 8

=x1454

NROSS WA CODE

10:47PM NITEL 5/28/75 PLD

TO ALEXANDRIA

ATLANTA

BALTIMORE

CHARLOTTE

NEWARK

OMAHA

PHILADELPHIA

PORTLAND

CHICAGO

PHOENIX

KANSAS CITY

TAMPA

LITTLE ROCK

WASHINGION FIELD

FROM DIRECTAR

(62-116355)

PERSONAL

ARGENTION

SENS TUDY

7

REBUTEL

MAY 2, 1975.

INQUIRIES MADE OF BUREAU BY SENATE SELECT COMMITISE (SSC)

CONCERNING A NUMBER UF PRESENT AND FORMER FBI EMPLOYSES, IN-

CLUDING THEIR CURRENT WHEREABOUTS, SUGGESTS THEY MAY SE INTER-

VIEWEL BY SSC

STAFF, ENACI SUBJECI MATTERS FOR INTERVIEUT UN-

KNO.:''. SET OUT BELOW MNE NAMES AND LAST KNOWN ADDRESSES UF

FORMER

BUREAU EMPLOYEES END OFFICE OF ASSIGNMENT OF INCUMBENTS,

ALL OF WHOM

SSC HAS INQUILED ABOUT.

EACH OF THUSE FORMER EMPLOYEES IS TO BE IMMEDIATELY CON-

Todd-

Andynas

i.ii!

1086

NW 65994 Docld:32989799

Page 8

san = strate

62-10744-3

---

## Page 9

PAGE TWO

SSC S

TACTED AND ALERTED THAT HE (SHE) MIGHT BE APPROACHED BY THE

TAFF, SUBJECT MATTER UNKNOUN. THEY SHOULD BE TOLD THAT

IN THE EVENT THEY ARE INTERVIEWED AND DURING THE COURSE OF SAME,

QUESTIONS ARE

ASKED WHICH RELATE TO SENSITIVE BUREAU OPERATIONS

(SOURCES, METHODS, TECHNIQUES, THIRD AGENCY RULE, AND ONGOING

INVESTIGATIONS), THEY MAY REQUEST THAT AN FBI AGENT BE PRESENT.

BUREAU WILL PROVIDE AGENT ON REQUEST OF INTERVIEWEE. AS A

PRELUDE TO INTERVIEW, THE FORMER EMPLOYEE MAY, AFTER BEING

CONTACTED BY SSC STAFF, CONTACT BUREAU'S LEGAL COUNSEL DIVISION

BY COLLECT CALL FOR FULL INFORMATION IO ASSISI HIM, INCLUDING

OBLIGATIONS AS TO CONFIDENTIALITY OF INFORMA

TION ACQUIRED AS

FBI EMPLOYEE. IT IS EMPHAS

IZED THAT BUREAU'S OFFER OF ASSISTANCE

IS NOT INTENDED TO IMPEDE SSC WORK BUT IS DONE AS COOPERATIVE

GESTURE AND TO SAFEGUARD SENSITIVE BUREAU INFORMATION. CONTACIS

WITH THESE FORMER EMPLOYEES TO BE HANDLED

PERSONALLY BY SAC OR

ASAC. IN EVENT THIS NOT FEASIBLE FOR JUSI CAUSE, IO BE HANDLED

BY A SENIOR SUPERVIS

1 OR.

INCUMBENT EMPLOYEES TO BE ADVISED THAT IF CONTACIED BY SSC

STAFF FOR INTERVIEW, LEGAL COUNSEL DIVISION TO BE IMMEDIATELY

NW 65994 Docld:32989799 Page 9

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## Page 10

PAGE THREE

NOTIFIED THROUGH SAC.

IMMEDIATELY AFTER CONTACI, RESULTS SHOULD BE FURNISHED

BUREAU BY TELETYPE IN ABOVE CAPTION. IF A FORMER EMPLOYEE NO

LONGER IN YOUR TERRITORY OR TEMPORARILY AWAY, SET OUT LEAD TO

OTHER OFFICE IMMEDIATELY WITH COPY TO FBI HEADQUARTERS.

ALEXANDRIA: COURTLAND J. JONES, 6607 N. 29TH STREET,

ARLINGTON, VA.; ROBERT G. KUNKEL, SAC; BERNARD A. WELLS,

5311 MONTGOMERY STREET, SPRINGFIELD, VA.

ATLANTA: ALDEN F. MILLER

BALTIMORE: ERNEST H. BELTER, 616 EDNOR ROAD, SILVER SPRING,

MARYLAND; STERLING B. DONAHOE, 2813 SPIRAL LANE, BOWIE, MARYLAND;

ROBERT H. HAYNES, 205 NORTHMOOR DRIVE, SILVER SPRING, MARYLAND

CHARLOTTE: JOSEPH A. SIZOO, 84A PINE CRESCENT, WHISPERING PINES,

NORTH CAROLINA

CHICAGO: OLGA CIESA, 10489 S. INDIANA AVENUE, CHICAGO,

ILLINOIS

KANSAS CITY: BILL D. WILLIAMS, SAC

LITTLE ROCK: JOHN J. CREAMER, JR., ASAC

NEWARK: JOHN J. CONNOLLY; RITA AGNES AMBROSIO,

1604 JOHN STREET, FORT LEE, NEW JERSEY; RALPH W. BACHMAN,

NW 65994 Docld:32989799 Page 10

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## Page 11

.

PAGE FOUR

610 NORWOOD DRIVE, WESIFIELD, NEW JERSEY; KARL L. BROUSE,

S BURRINGION GORGE, WESTFIELD, NEU 'JERSEY.

OMAHA: ROBERT L. TAGG

PHILADELPHIA: JOHN B. MEADE

PORTLAND: LEO B. APP, JR. EDGAR O. INGALLS

PHOENIX: MILDRED E. RISK, 11830 113TH DRIVE, YOUNGTOWN,

ARIZONA

TAMPA: MICHAEL J. ROZAMUS, 65D9 GULF DRIVE, HOLMES BEACH,

FLORIDA

WFO: JAMES J. GAFFNEY; ELMER L.

TODD-

COPY TO ROME, WITH ITS EMPLOYEES NAMED, BY MAIL.

END

HOLD

NW 65994_ Docld:32989799 Page 11

---

## Page 12

NR722 MA CODE

1:56FM NIT EL 6-13-75 VLJ

TO ALL SACS

FROM DIRECTOR

(62-116464)

PER SOTAL ATTENTION

REBUTELS MAY ?, 2M, 1975,

"SENSUDY 75."

BUFILE £3-115464 AND CODE MAME "HOUSTUDY 75" DESIGNATED

FOR ALL MATERS RELATING TO HOUSE SELECT COMMITTEE TO STUDY

GOVERNME TAL OPERATIONS WITH RESPECT IO INTELLIGENCE ACTIVITIES

AND BUREAU'S HADLING OF MATTERS PERTAIMING THERETO. USE

THIS FILE NUMBER AND CAPTION FOR MATTERS RELATING IO HOUSE

COMMITIRE AS SEPARATE FROM SENSTUDY 75 FOR MATTERS RELATING

TO SENATE COMMITEE.

END

KLS FBI NF CLF

hills tution in

but the,

62-48744-44

hip sep

[..

NW 65994 Docld:32989799 Page 12

---

## Page 13

SET2D.$ 307

П 77010N

IIO YI30 01.

OVI GL-ET-;

di 30Ul Wd

1502011-3.1

INCO: ECITO TITH SENATE SELECT COMMIITER REQUEST,

FILI O TATA CI UOSITA DY POTURY TELETYPE ATTENTION

- CINI

ILIOTTO I GURUTILLANCE INDICES AI FRIHO DO NOT INDICATO

OVERHEARS O" KOTA TECHNICAL INSTALLATIONS ON MARTIN LUI HER

KING, JR. FOR FOLLOVI"S DATES AND LOCATIONS:

SaVIgUIM

62-10144-5

LOS A GELES, CALIFOR"IA

Widle.

NW 65994 Docld:32989799 Page 13

---

## Page 14

PAGE TUO

JULY 7 - 9, 1964

HYATT YOUTE MOTEL

LOS ANGELES

MICR CPM0.ES

JA"UARY 5 - ?, 1931

WILLAPD HOTIL

MASHI CTOY, Do".

CASUARY 27, 1954

MILTAUKEE, MISCO "SIN

FEBRUARY 18 - 29, 1954

HILTON MA"AII!" VILLAGE

HONOLULU, "AWAII

FEBRUARY 25 - 21, 1964

AMBASSADOR HOTEL

LOS ANGELES

NW 65994 Docld:32989799 Page 14

---

## Page 15

PAGE TIRES

FEBRUARY 22 - 24, 1964

HYATT HOUSE MOTEL

LOS A CELES

MARCH 19 - 32, 1954

STATLER OTEL

APRIL 03 - 24, 1054

SENATOR MOTEL

SACRAME IO, CALIFORMIA

JULY 7 - 9, 1964

HIATE OUGE KOTOL

LOS ANGILES

OFFICIS REVIEN ELECTROWIC SURVFILLANCE INDICES A'D

FURNIS FBILD FIRST DATE THAT KING WAS OVERHEARD ON ABOVE

TECHETCAL INSTALLATIONS. IF ME WAS TOT HEARD, SO ANVISE.

END

NW:65904 Docld:32989799 Page 15

---

## Page 16

oRev. 5-22-64)

FBI

Date:

June 16, 1975

Transmit the following in

TELETYPE

CODE

(Type in plaintext or code)

NITEL

Via

(Priority)

015

TO:

DIRECTOR, FBI (62-116395 949-PLD

FROM:

SAC, WFO (62-10744) (P)

ATTENTION INTD. W. O. CREGAR.

SENSTUDY 75.

REFERENCE BUREAU TELETYPE DATED JUNE 13, 1975.

BASED ON INFORMATION CONTAINED IN REFERENCED TELETYPE

WEO IS UNABLE TO LOCATE ANY INFORMATION REGARDING ELECTRONIC

SURVEILLANCE OF DR. MARTIN LUTHER KING, JR. DURING PERIOD

INDICATED IN REFERENCED COMMUNICATION.

END.

1- Tickler

• (2 )

62-10744-6

Tue? nines

We hat

Special Agent in Charge

NW 65994 Docld:32989799 Page 16

Sent

Per

U.S. Government Printing Office: 1972 - 455-574

---

## Page 17

F7ET--

IIR15 UF CODED

940 PM NITEL JUNE 16, 1975 WWC

TO:

DIRECTOR, FBI (62-116395)

FROM:

SAC, NFO (62-10744) (P)

ATTENTION INTD. W. O. CREGAR.

SENSTUDY 75.

REFERENCE BUREAU TELETYPE DATED JUNE 13, 1975.

BASED ON INFORMATION CONTAINED IN REFERENCED TELETYPE

WFO IS UNABLE TO LOCATE ANY INFORMATION REGARDING ELECTRONIC

SURVEILLANCE OF DR. MARTIN LUTHER KING, JR. DURING PERIOD

INDICATED IN REFERENCED COMMUNICATION.

END.

62-10742-6

NW 65994 Docld:32989799 Page 17

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## Page 18

1=..

PRD43 WA CODE

5:13PM IMMED IMMEDIATE

6/ 18/75

GHS

TO NEW YORK

MIAMI

BOST 0!

SAM FRANCISCO

DETROIT

LOS ANGELES

SEATTLE

WFO

FROM DIRECT OP.

I X?

SECRET

SE STUDY 1975; BUDED: JUNE 24, 1975.

I!E FOLLOWING REQUESI FOR INFORMATION HAS BEEN ADDRESSED

TO THE ATTORNEY GENERAL AND FROM THE ATTORNEY GENERAL TO FBIHO

FROM THE SEMATE SELECT COMMITTEE TO SIUDY GOVERNMENTAL

OPERAT ICNS WITH RISPECT TO INTELLIGENCY ACTIVITIES: "

IKE FOLLOWING REQUESTS PERTAINING TO THE TECHNIQUS REFERRED TO

AS "MAIL SUV-ILLATOE, INCLUDING MAIL COVERS AND OPENING MAIL '

A'P T4E LI ILIZATION OF THIS TECHNIQUE •IN INTERNAL SECURITY,

IT_LLICOHO COLLIOT ION, AND/OP COUNTERINIELLIGENCE MATTERS,

OPERATICE, ME ACTIVITIES:'

1) FOR ALL INCIDENTS OF MAIL

OPENIC OR MAIL INTERCEPT BY OR ON BEHALF OF THE FEDERAL BUREAU

#INVESTIGA ION FROM JANUARY 1, 1960, UNIIL THE PRESENT, PLEASE

NOWNGRADED TO

SECRET

C48 W57Baa

Đ (e/17/50/

Xo6.A.

62-10744-7

SERBALITESHAPELEIM

JUN T8

5211%

Salliva

38 on

NW 65994 Docld:32989799 Page 18

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## Page 19

...

PAGE TWO IP SECRETLAB

STAE THE PHYSICAL LOCATION WHERE THE OPENING OR INTERCEPT WAS

CONDUCTED, ME NAMES OF THE INDIVIDUALS WHO PARTICIPAIED IN THE

OPENING OR INTERCEPT, THE TYPE OF MAIL OPENED OR INTERCEPTED,

AND THE PURPOSE OF THE OPENING OR INTERCEPT. (2) FOR ALL

INCIDENTS OF MAIL COVERS THAT WERE PHYSICALLY CONDUCIED BY FBI

EMPLOYEES, WHETHER ALONE OR IN COOPERATION WITH POSAL SERVICE

EMPLOYEES, FROM JANUARY 1, 1960, UNIL IHE PRESENT, PLEASE SATE

HE PHYSICAL LOCATION WHERE THE COVER WAS CONDUCTED, THE NAMES

OF IHE INDIVIDUALS WHO PARIICIPAIED IN THE COVER, THE TYPE OF

MAIL COVERED, AND THE PURPOSE OF IHE COVER. (3) PLEASE PROVIDE

ALL DOCUME IS AND MEMORANDA WHICH DISCUSS, REFER, OR RELATE TO

ILE ORIGINS, AU HORIZATIONS, CONDUCI AND TERMINATION OF, AND

POLICIES AND PROCEDURES FOR, THE MAIL OPENINGS, INTERCEPTS, AND

COVERS IDENTIFIED ABOVE."

EACH OFFICE SHOULD IMMRDIATELY REVIEW ITS FILES FOR ALL

INFORMATIO! REQUESTED BY THE SENATE COMMITEE. TW YORK, BOSTON,

DETROIT, LOS ANGELES, SEATTLE, AND WEO SHOULD FURNISH INFOR

MATION CO CORTING SAM SURVEY.

NEW YORK, DETROII, AND SAN

FRANCISCO SHOULD FURNISH INFORMATION CONCERNING GUS SURVEY.

NO! YORK AND

"FO SHOULD FURNISH INFORMATION CONCERNINS Z COVERAGE.

SAM-

Saw

SMO

NW 65994 Docld:32989799 Page 19

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## Page 20

PAGE THREE T

SEC PET

SAN FRANCISCO S OULD FURNISY INFORMATION CONCERNING CHIPROP

A'D CHICLET. MIAMI SHOULD ADVISE IF IHE INFORMATION RECEIVED

FROM MM 39C-S RESULTED FROM I TEPCEPT OF MAIL AND IF SO

APPROPRIATE INFORMATION SHOULD BE FURNISHED. RESUL S SHOULD BE

SUEM IIIED BY TELETYPE, ATIENIION OF SAM. O. CREGAR, AND SHOULD

REACH IHE BUREAU BY JUNE 24, 1975.

LASSIFIED BY 3676, XGDS 2 AND 3, INDEFINITE.

END

HCLD

NW 65994 Docld:32989799

Page 20

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## Page 21

*..

NRO07 MP CODE

7:37 PM NITEL JUNE 20, 1975

LSB

TO

DIRECTOR

W FO

OMAHA

(62-3439)

FROM MINNEAPOLIS (66-3613)

ATTENTION: JOHN C. GORDON, ROOM 078, GENERAL CRIMES UNIT,

GENERAL INESTIGATIVE DIVISION.

SENAT OR CHURCH'S COMMITTEE INVESTIGATING CIA ACTIVITIES, SENSTAD

7, INFORMATION CONCERNING.

RE OMARA NITEL TO DIRECIOR JUNE 19, 1975.

INFORMATION HAS BEEN DEVELOPED THAT THE PURPOSE OF THE

CHURCH COMMITTEE INVESTIGATOR'S TRAVEL TO GORDON, NEBRASKA, IS

FOR THE PURPOSE OF CONTACIING AND INTERVIEWING A FORMER MEMBER OF

THE MILITARY INTELLIGENCE. IHIS INDIVIDUAL WHO OWNS A BUSINESS

IN GORDON, NEBRASKA, IS BELIEVED TO BE JERRY BORMAN, WHO OPERATES

A CHEVROLET DEALERSHIP IN GORDON AND PRESUMABLY WAS A MEMBER

OF THE MILITARY INTELLIGENCE SERVING OVERSEAS.

END

WWE WE FBI FOR TWO CLR

62-107444-88

""as the

this?!

FOr

8

Pony

MM 65994 Docid:32989799 Page 21

---

## Page 22

6/23/75

CODE

TH.ETYPE

TO:

DIRECTOR, FBI

DOWAGRADED TO

SECRET

Pe: C981057 B22

Date_

11720s

FROLI:

SAC, NFO (62-10744)

TOP SECRET

SEN STUDY, 1975 (BUDED JUNE 24, 1975)

RE BUREAU TELETYPE JUNE 18, 1975.

THE FOLLOWING INFORMATION WAS OBTAIND THROUGH A

• THOROUGH RIVIEW OF WEO INDICES.

I. Z COVERAGE (UFO FILE 66-2091)

THIS PROJECT CONCERNED THE OPENING OF MAIL ADDRISSED

TO THE SOVIET AND SOVIET SATOLLITE DIPLOMATIC ESTABLISH-

MENTS IN NDE.

BASED ON THE RICOLLECTION OF SA JAMES I. FELD, WEO,

IMPLOYEES OF THE POST OFFICE DEPARTINI SIPARATID THE

MAIL WHICH WAS THEN PICKED UP AT THE MAIN POST OFFICE, WDC,

BY FBI SPECIAL AGINTS BETVEIN TYO AND FOUR AM ON A DAILY

BASIS. THE MAIL WAS TAKEN TO AN UNIDENTIFIED ROOM IN THE

FBI INADQUARTIRS BUILDING, LABORATORY DIVISION.

02-1074x-9

SEAMOND

FEL LAG.O.

NW 65994 Docld:32989799 Page 22

---

## Page 23

WFO 62-10744

PAGE THO

TOP SECRET

IN THE LABORATORY DIVISION THE MAIL CONSIDERED

PERTININT WAS OPENED, PHOTOGRAPHED, RESEALUD, AND THE

MAIL, RETURNED TO THE POST OFFICE.

THE FILM OF THIS HAIL WAS DEVELOPED IN THE FBI

PHOTOGRAPHY LABORATORY, AND TAKEN TO WEO WHERE IT WAS

REVIVED, AND TRANSLATID IF NECESSARY, BY IMPLOYEES OF

THE WEO. PERTINENT INFORMATION FROM THESE LITTERS WAS

DISSEMINATED TO THE APPROPRIATE CASE AGENT FOR WHATOVER

ACTION DEEMED NECESSARY. THE SOURCE OF THE INFORMATION

WAS ALWAYS GIVEN AS AN "ANONYHOUS SOURCE. "

INDIVIDUALS INVOLVED IN PICKING UP THE MAIL, OPINING

IT, PHOTOGRAPHING IT AND TRANSFERRING IT TO WEO IN THE

EARLY 1960'S INCLUDED DAS JAMES DUKES (RETIRED), JOHN DE

BETTINCOURT (DECEASED) AND DENSIL E. MOORE (RETIRED) .

NO RECORD EXISTS AS TO IDENTITY OF SAS WHO HANDLID THIS

PROJECT.

NW 65994 Docld:32989799 Page 23

---

## Page 24

NFO 62-10744

PAGE THREE

sOp SECRET

THE PURPOSE OF THIS PROJECT WAS TO DETERMINE THOSE

PERSONS YHO WERE COOPERATING WITH THE FOREIGN INT ELIIGINCE

SERVICES, AS YELL AS IDINTIFYING DIPLOATS INVOLVED IN

INTELLIGINCE GATHERING ACTIVITIES.

- COVERAGE WAS INAUGURATED IN WDC IN 1910 (WFO LETTER

TO BUREAU DATED JANUARY 31, 1948) AND CONTINUED UNTIL EARLY

1954. (ALL SERIALS NOT LOCATID IN 66-2091 WERE DECTROYED

PIR MRR ON JUNE 21, 1964). NO OTHER MATERIAL HAS BERN

PLACED IN THIS FILE SINCE THAT PERIOD AND NO MORE

RECINT REFERENCE TO THE OPERATION COULD BE LOCATED IN

NFO FILES. COPIES OF ALL DOCUMENTS IN THIS FILI ARE

ATTACHED FOR FBIHQ.

SAM SURVEY (WFO FILE 65-3300)

SAM SURVEY WAS A PROGRAM INITIATED BY NFO ON

AUGUST 20, 1961 FOR FBI PERSONNI, TO EXAMINE U.S. MAIL,

SINT PER AIR MAIL, TO SPICIFIC FOREIGN LOCATIONS KNOWN

TO HAVE BEIN USED BY FOREIGN INTELLIGENCE SERVICES AND

NW 65994 Docld:32989799 Page 24

---

## Page 25

WFO 62-10744

PAGE FOUR

so SECRET

AND LETTERS WITH UNIQUE MARKINGS, ALSO KNOWN TO HAVE BEEN

USED BY FOREIGN INTELLIGENCE SERVICIS.

ORIGINALLY THE PROCESSING AND RESEALING OF THE MAIL

WAS ACCOMPLISHED IN A STORAGE ROOM FURNISHED BY MHE

U.S. POST OFFICE AT THEIR WASHINGION NATIONAL, AIRPORT

BRANCH. ON APPROXIVATILY JUNE 14, 1962, THE OPERATION WAS

MOVED TO ROOM 74-C AT NATIONAL AIRPORT. SUBSEQUINT TO

THE OPENING OF DULLES INTERNATIONAL AIRPORT, THE OPERATION

WAS MOVED THERE ON MARCH 18, 1963 AFTER ARRANGEMENTS FOR

CONTINUATION OF THE PROGRAM WERE MADE THROUGH MR. I. J.

CARRICO, ASSISTANT SUPERINTINDENT OF MAILS AT DULLES

INTERNATIONAL, AIRPORT.

THE BULOW LISTED SPECIAL AGENTS SUBMITTED SHIFT

REPORTS OR INITIATED PERTINENT INTORMATIVE TYPE HELORANDA:

NW 65994 Docld:32989799 Page 25

-

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## Page 26

NFO 62-10744

PAGE FIVE

NOP SECRET

ORVIS J. AUERSWALD

ORVILLE G. AUSEN

ROBERT H. BATES

CLAUDE H. BOGLEY

CHARLES T. COUNTS

WILLIAM DESONIA

PETER R. DURLAND

JAMES T. FEILD

HARVEY FENSTERMACHER

CHARLES A. FERGUSON

ROBERT W. FEUER

CARI. E. GRAHAM

DARFIN M. GREGORY

ROBORT S. KENNENUR

ROBERT KLEINSCHMIDT

WILLIAM O. LANDER

ERNEST J. LANDREVILLE

NW 65994 Docld:32989799 Page 26

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## Page 27

WFO 62-10744

PAGE SIX

NO SECREST

CARLTON D. LEAF

NORMAN A. LEONARD

GIORGE LEX

THOMAS A-MENDENHALI

DINSIL I. MOORE

JAMES MORRISEY

MASON B. NOAH, JR.

GIORGE A. NORTHUP

THOHAS O'LOUGHLIN

ROBERT I. OLSEN

IL. DUDLEY PAYNE

EUGENE P. PITTIAN

EARL G. POLESKI, JR.

PATRICK M. RICE

NW 65994 Docld:32989799 Page 27

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## Page 28

WFO 62-10744

PAGE SEVEN

THE PURPOSE OF THE PROGRAM WAS TO IDINTIFY PERSONS

CORRESPONDING WITH KNOWN SOVIIT MAIL DROPS IN EUROPE,

AND TO IDINTIFY AND LOCATE INDIVIDUALS IN THE UNITED

STATES SENDING AIR MAIL, LETTERS TO EUROPE WHO MAY BE

PART OF A SOVILT ILLEGAL NETWORK.

THE PROGRAM WAS TERMINATED ON AUGUST 8, 1966, UPON

INSTRUCTION FROM INSPICIOR D. E. MOORE, ACCORDING TO A

FILE NOTATION MADE BY SECURITY COORDINATING SUPERVISOR

COUrTLAND JONES.

ATTACHED FOR THE BUREAU ARE THE INTERNAL WFO

MEMORANDA PERTAINING TO THE SAM SURVEY. THE BURBAU IS IN

POSSESSION OF ALL OTHER INTER OFFICE COMMUNICATIONS PER-

TAINING TO THE SAM SURVEY.

II, AS OF JANUARY I, 1960, MAIL COVERS, PHYSICALLY

CONDUCTED BY FBI IMPLOYEES, WIRE BEING CARRIED OUT ON VARIOUS

SOVIET AND SOVIET-BLOC ISTABLISEMENTS IN NDC. ALL THESE

MAIL COVERS WERE DISCONTINUED ON SEPTEMBER 30, 1964, PER

NW 65994 Docld:32989799 Page 28

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## Page 29

VFO 62-10744

PAGE EIGHT

TÒP SUCRET

INSTRUCTIONS OF FBIHQ. THE FOLLOWING IS A LIST OF THESE

ESTABLISHMENTS, IIS ADDRESS, FOLLOWED BY THE ADDRESS WHERE

THE MAÏL COVER HAS CONDUCTED:

POLISH EMBASSY, 2640 I6TH STRIPT, N. W., MAIL COVER

CONDUCTED AT COLUMBIA HEIGHTS POST OFFICE, 1423 IRVING

STREET, M. H., WDC.

POLISH EMBASSY ANNEX, 2224 WYOMING STREET, N. W.,

MAIL, COVER CONDUCTED AI CLEVELAND PARK POST OFFICE, 3430

CONNECTICUT AVINUE, N. W., WDC.

HUNGARIAN EMBASSY, 2437 15TH STREET, N. W., MAIL

COVIR CONDUCTED AT COLUMBIA HEICHTS POST OFFICE.

ROMANIAN EMBASSY, 1601-07 23RD STREET, N. W., MAIL

COVER CONDUCTED AT CLEVELAND PARE POST OFFICE.

CZECHOSLOVAKIAN EMBASSY, 2349 HASSACHUSTTTS AVE.,

N. I., MAIL, COVER CONDUCTID AT CLEVILAND PARK POST OFFICE.

SOVIET EMBASSY, 1115 I6TH STREET, N. W., MAIL COVER

CONDUCTED AT CLEVILAND PARK POST OFFICE.

NW 65994 Docld:32989799 Page 29

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## Page 30

FFO 62-10744

PAGE NINE

so, SECRET

SOVIIT MILITARY OFFICE, 2552 BELMONT ROAD, N. N.,

MAIL, COVER CONDUCTED AT CLEVELAND PARK POST OFTICE.

SOVIET COMMERCIAL, COUNSELOR, 1706 18TH STREET, N. W.,

MAIL, COVER CONDUCTED AT CLEVILAND PARK POST OFFICE.

SOVIET INFORMATION DEPARTMINI, 1706 I8TH STREET, N.H.,

MAIL, COVER CONDUCTED AT CLEVELAND PARK POST OFFICE

SOVIET CONSULAR OFFICE, 1609 DICATUR STREET, N. W.,

MAIL, COVER CONDUCTID AT CLEVELAND PARK POST OFFICE.

THE FOLLOWING ARE THE NAMES OF THE EBI EMPLOYEES

WHO PARTICIPATED IN CONDUCTING MAIL COVER, NOTING THAT

THE IDENTIFICATION OF THESE EMPLOYTES WAS MADE THROUGH

INITIALS AND MAY NOT CONSTITUTE THE COMPLETE LIST INASMUCH

AS SOME NITIALS WERE ILLIGIBLE AND OTHERS WERE UNIDENTIFIABLE:

JAMES H. RYAN

JAMES A. SCHNITZ

RICHARD E. COFFIAN

_NW65994_Docld:32989799_Page_30_

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## Page 31

17F0 62-10744

PAGE TON

TOP SOREST

HERBERT O. THOMPSON

ROBERT L. OLSEN

ROBERT J. COLI,INS

GUY T. TUNSTALL

NORMAN A. LEONARD

ROBERT I. OLMORT

GORALD P. GRIMALDI

ICE MASON EIDSEN

JEROME E. VEIGLE

PAUL, E. FONZEL

EUGENE D. THOMPSON

WENZEL, F. NEIDIG

CARL, THACKSTON

ROBERT TAYLOR

CLAUDE BOGLEY

THE TYPE OF MAIL, COVERED INCLUDUD ALL INCOMING MAIL.

NW 65994 Docld:32989799 Page 31

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## Page 32

WFO 62-10744

PAGE FLIVEN

TO SECRETE

THE PURPOSE OF THE COVER WAS TO IDINTIFY THE

CONTACIS OF THE VARIOUS ESTABLISHMINTS FOR THE OBVIOUS

CONCOMITANT BENEFITS.

FBIHQ IS IN POSSESSION OF ALL PERTININT DOCUMENTS

INVOLVING THOSE MAIL COVERS.

III. ALL DOCUMENTS AND MEMORANDA REQUESTED IN RE

TELETYPE WHICH ARE NOT ALREADY IN THE POSSESSION OF FBIHQ

ARE ATTACHED AS NOTED.

CLASSIFIM BY 819, XGDS CATEGORY 2 AND 3, INDEFINITE.

NW 65994 Docld:32989799 Page 32

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## Page 33

File - Serial Charge Out

-D-S (Rev. 1!

60)

• :

File

Serial No.

Class.

66-2091

Case No.

_ Date

Last Seria!

_ Pending

D] Closed

Description of Serial

ALL BERIALS NOT FOUND IN THIS

FILE DESTROYED PER M.R.R.

6/24/64

Date

Charged

PERMANENT CHARGE OUT

Employee

RECHARGE

Date -

To

From

Date charged

Employee

Location

NW 65994 Docld:32989799 Page 33

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## Page 34

......

=-==--

insane ==

REN :FiS

Washington Field Division

Room 1705

Washington, Doo

January 31, 7918

:

PERSONAL AND CONFIRENTTAL

DIRECTOR, FBI

RE: Z COVERAGE

INTERNAL SECURITY - C and R

Dear Sir:

Reference is made to your Personal and Confidential

Memorandum dated January 8, 1940, requesting to be acivised what

steps are taken by this office in the handling of material

received fron Confidential Infornant Z.

Please be advised that this coverage was inaugurated

in 1940 and since then it has been the practise to furnish copies

of material believed to be of interest to other offices with a

cover letter indicating the source of the material and that under

no circumstances could this source be disclosed. In cases

whore the material cranined appeared to be of interest to the

Bureau photostatic copies of same were transmitted by letter.

The confidential character of Inforuant Z is generally.

understood throughout the liole, In cases there the material

does not appear to be of any value it is destroyed and disposed

of through the regular channals at the Seat of Goverrmenü.

Very truly yours,

:

GUY HOTEL

Special Agent in Charge

16-2061-2

Ho-0-1655507

_NW 65994 Dold: 32989799 Page 34

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## Page 35

STANDARD FORM NO. G4

Office Memorandum • UNITED STATES GOVERNMENT

PERSONAL AND COJEIDINCIAL

TO

SAC, Hashingion, D. C.

J2 FROM:

Director, IBI

SUBJECT:

& COTORAGU

IDLENAL SCOURITY - C and R

DATE:

January 9, 1948

The Bureau realizes that the confidenticl z coverage is a nost

Jucratira source of infornation concerning Communist, Russian and satellite

activities. In order to insure that the uinost results are being obtainea

fron this source it is desired that your sifice outline to the Bureau he

nocedure now being bondled with rerard to the dissemination of this

inforzation to the Seat of Government and the interested Zicla Offices.

Chis letios should clearly reflect the stens tairen by your oifice in the

hondling oi this material concerning individuals, orgcnizations, corporations,

sonools, ená so forth,

It should also roflect tho disposition of material

recrived wich is of interest to othor Field Offices, that is, whether or

not this informtion is furnished to then and what instructions are issued

to tie iutorested Field Offices, in order tart the bureau may be in a

rosition to iollow the future hanaling and investigation of thesc natters.

It 1s recuested that this natter be sivon your immediate considera-

t102 sid a reply furnisica to the bureau within ine neat ten drys.

i! 1

NW 65994 Docld:32989799 Page 35

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## Page 36

OPTIONAL FORM NO. 10

3010-107

MAY 1982 EDITION

GSA GEN. REG. NO. 27

UNITED STATES GOV

NMENT

Memorandum

TO

: SAC, WFO (65-8300)

FROM : SA H. DUDLEY PAYNE

SUBJECT:

SAM SURVEY

ESP - R

DATE:

. 11/22/65

On 11/9/65, the writer obtained from the Chief

of Police at Dulles International Airport, 9 visitors

parking permits.

These permits authorized unrestricted

parking in Area 5 (Post Office parking lot). All agents

when working in SAM SURVEY will use these permits exclusively.

They should be promptly displayed in the vicinity of the

front building.

The permits are numbered 1 through 9 and

are charged to the writer who is being held responsible

for the care and return of them when they are no longer

needed. They have been assigned as follows:

1. MASON B. NOAH 11)

2.

DENSIL E. MOORE

3.

CLAUDE W. BOGLEY

4.

ROBERT KLEINSCHMIDT

5. CHARLES I. COUNTS CIE

6.

7. NORMAN A. LEONARD

8. Special Schedule Folder

9. H. DUDLEY PAYNE

Number 8 is to be maintained in the surveillance

folder for use of agents not regularly assigned to the

SAM SURVEY Program.

I SEARCHED

_ INDEXED

SERIALIZED

_FILED_

NOV 22:65

FBI - WASH. F. 0.

1 - WFO

HDP: cal Cal

(1)

• Buy U.S. Savings Bonds Regularly on the Payroll Savings Plan

"NW 65994 Docld:32989799' Page 36

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## Page 37

CONCTIRNTIAL

CONFIDENTIAL

AIRPORT MATI FACTLITY,

WASKINGION I, D. G.

CONFIDENT TAL

August 19, 1961

From:

Superintendent,

Airport, Hail Facility,

Hashingion 1, Do C.

Po: A1). Supervisors,

A11. Acting Supervisors.

Effective 8:30 PoM, Sunday, August 20, 1961 the folloving

instructions will ba in effect:

3

Riel fusses

will be worked through the cases until such mail has been

cleared by the Supervisor

As mails for these countries are received, keep them cut

up and placed in trays.

It will no longer be necessary to hold out nails for

France postmarked

by the city,

See that the above nails are placed in the Area between

the

Supply Room door and door leading to platiom, Deliver

this mail in Utility Carts, marked (IN) and renove any from

this area marked (OUT), That marked YOUT) is cleared for

working in case.

Suggest the countries in this catagory that you have dis

patches on your tour be taken care of 13794

un each Country

that you have a dispaich for, decide a/11n11 that you need the

mail to conplete distribution on in order to make your disparch,

At this cut off sine any mall for a country that you hava à di

patch on is us ba solieuted and worked through case lor disparat.

Make up a list of the Countries you have dispatches on your

sour showing the time linit for each Country, Make up this list

on your first dalivery after this effective date, this list to be

• in effect until a change is made in a dispatch, then place a new

time linis in the Country tray on which a chenge has been nacou

6558309-50

SEARCHED.

SERIALIZED..... FILED..

cr: Files

Po No Short, SapkUG 2 1 1961

FBI • WASH. F. 0

NW 65994 Docld:32989799 Page 37

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## Page 38

!

STANDARD FORM NO, 64

Office Memorandum • UNITED STATES GOVERNMENT

TO

SAC, WFO (65-8300)

DATE: November 14, 1961

FROM

:

L.

#. R. OBERNDORF, SCS

SUBJECT:

SAM SURVEY

The following procedures will be observed

in handling matters under this program.

A record shall be maintained by each shift

Os the volume of mail handled bladenia,

as well as of

any mail received which could not be handled. A rough

draft is satisfactory.

(2)

A memorandum shall be submitted by each

shift at the end of the shift specifically noting items

which have been removed for processing.

This will list

the addressee, addressor if any, details re postmark,

postage, type

of envelope, whether typed, nanawritten or

printed, and any other austinguishing of

noteworthy

characteristics.

No memorandum is necessary if no items

are removed for processing.

These memoranda are to be

designated for the sub 1 section of this file.

(3)

When photographs are received from the

Bureau of processed material, the following action will

be taken:

(a) Film will be maintained as a bulky exhibit:

until no longer needed.

(b) Material in English, requiring no further

action,

is to be destroyed.

An appropriate notation will

be made

0 n

the memorandum in the sub A reflecting the

removal of this piece for processing.

(c) Material in foreign languages will be sub-

mitted to the staff Supervisor, squad 6

for expedite

translation, is the language can be handled in Wro.

not,

such items will be submitted promptly to the FBI

Laboratory for translation.

All correspondence for this

purpose will be maintained

in the sub A file.

Grier

Shut

Boot le

.02880, l

LwRO/pen

wee Bur.

65-F5CA24

SEARCHES

SERIALZ CA, 120

NÖV1 4 1951

FBI - WASH. 5, 00

metical 302

Soon, Or

---

## Page 39

WEO 65-8300

Is material in English requires action or

investigation involving more than a check of office

records, a separate memorandum shall be dictated promptly

setting forth the pertinent facts and requesting that a

new case be opened.

title of

designated for the sub 8 section of this file. con-

currently,

an appropriate notation shall appear on the

lemoranoum in the sub A initially recording receipt of

the item.

The title (SAM SURVEY shall appear after the

subject

name in each case.

(5)

The same procedure shall be followed with

regara to material translated by the FBI Laboratory or

squad #o. In these instances, the translations should be

submitted as attachments with

the initial memorandum opening

the case.

Photographs and film strips in cases under

points 4 and 5 shall be made appropriate exhibits in the

pertinent case file.

All other photographs,

film and translations

should be destroyed is no active

investigation is initiated.

2

, NW 65994 Docld:32989799 Page 39

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## Page 40

OPTIONAL FORM NO. 10

5010-101

UNITED STATES GOVERNMENT

Memorandum

TO : SAC, WFO (65-8300)

DATE: 2/13/62

FROM :

SA THOMAS A. MENDENHALL

SUBJECT:

SAM SURVEY

ESP - R

MATTERS"

BuLet to MY,

dated 1/30/62, captioned "TRANSLATION

(WFOfile 66-2384 in 666) stated in part as follows:

Whenever submitting written material to the Bureau

for translation in connection with SAl SURVEY, the submitting

office should retain copies of the written material until

no requested eras later re elved ve we be e

as a copy of the documentation.

The Bureau further requested that the letter or

cransmittal include the ract that a copy oi the foreig

Languare material submitted was being retained until the

receipt of the requested translation.

this material.

TAM: pik

(1)

TAn

65 - 8360.11

FEB 1.31002

FBL - WASH. F. O.

NW 65994 Docld:32989799 Page 40

---

## Page 41

+ one

Hurray

ÓPTIONAL FORM NÓ. 10

5010-101

UNITED STATES GOVERNMENT

Memorandum

TO

:

SAG, WTO (65-8300)

/

DATE:

day 21, 1962

FROM

:

I. W. R. OBERNDORI, SCS

SUBJECT:

SAN SURVEY

In examining communications which may be

Soviet intelligence communications or writings, the

manner

in which a particular communication may be

solded and placed in an envelope can be of significant

importance.

Special Agents

handling matters in the sau

sURveY, and any other special Agents handling matters

which may pertain to soviet intelligence communications,

are instructed to take careful note of che exact manner

in which questioned documents are folded and placed in

envelopes for mailing. Specific comments on the results

of such examinations are to be placed in case memoronda.

and such comments shall be in addition to those presently

required in the sar survey with regara to the envelope

itself and with regard to handuriting or typewriting

characteristios of the message.

• 65-7973 - METHODS OF DETECTING

SOVIET ILLEGAL AGENTS)

- 100-16597 - SODAC)

IWRO/pon

(3)

pen

routed

was

this.

all agents

CFR

61, 0n

a/15017

allaced slipsince

NW 65994 Docld:32989799

removed.

Page 41

65-8.310.49

,: SEARCHED-

SERIALIZED A FDO SE

MAY 2 1 1962

FBI - WASH. F. O.

---

## Page 42

t7-9=10

EATIONAL FORM NO. 10

UNITED

STATES GOVERNMENT

Memorandum

TO

SAC, WEO

FROM :

THOMAS A. MENDENHALI, SA

SUBJECT:

SAM SURVEY

ESP - R

DATE:

June 14, 1962

ATTN: PROPERTY CLERK

In connection with the efficient operation

of the above-captioned case, it became desirable to

utilize a room on the lower

level of the Washington

National Airport. Room 74-C at the airport has been

turned over to the exclusive use of Vo Special Agent

personnel and no other individuals have access to this

space.

To facilitate the handling of work at this

Sam plant, it is, of course, necessary that a limited

amount of bureau property be maintained and utilized at

this plant.

The purpose of this memorandum is to itemize

all of the Bureau property presently being maintained

and used at this location.

All of this property is to

be properly charged on a permanent basis to the plant,

rather than to individual Special Agents:

I. One document camera in fitted custom case with

built-in lighting and stage, suitable for 110

volt or 12 volt use. The camera is a 35 mm.

Alpa ALned,

Swiss made, Model 5, No. 31026.

The lens is No.

211-2058 Kamerabau-Anstalt-

Vaduz, Kilfitt-Makro, D, 1:3.5/4 CM.

?.

one uper ate - Royal Portable, serial No..

3.

65-8300

-

Property Clerk

TAH/pen*

(2) fam

65,8300-5:

SEARCHED-

SERINLIZED

_FILED -

JUN 1 : 1962

FLI - WASH. F5./

NW 65994 Docid:32989799 Page 42

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## Page 43

4.

5.

one Master Padlock No. I 22813 (used to 100k

above-listed file cabinet).

One 3'x 2' wood table with one drawer.

6.

One florescent desk lamp, Model Ul-P-2324-16,

made by the Dazor Mig. Corp., st. Louis, Mo.

r.

Two wood swivel chairs.

8.

one grey-colored folding metal chair.

9. One grey-colored, metal, cloth-upholstered,

stenographic survel chair

10.

11.

12.

13.

One pencil sharpener (APSCO - Giant)

One grey metal wastebasket.

One GE Table Model 875, radio, Serial No. 5701.

point on tale, with handle,

14.

Two Zapa a2 1-Praned soreens, approzimately

15.

one 5" diameter Bausch and. Lombe magnifying

glass.

Moved

Dulles

Airport

3/18/63

1

Serial 89:

-NW- 65994-Dogld:32989799-Page 43

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## Page 44

SPIT-NAL FORM NO. 10

UNITED STATES

GU

VERNMENT

Memorandum

TO

SAC, WFO (65-8300)

DATE:

10/11/62

FROM

:

SA H. DUDIEY PAYNE

SUBJECT:

SAM SURVEY

ESPIONAGE - R

On 9/26/62, the writer contacted Mr. P. A. SHORB,

Superintendent of National Airport Post Office, to ascertain

if our present schedules were adequate to promptly handle

our responsibilitios at that location.

Mr. SHORB advised at

the present the mail was being handled in a very satisfactory

manner, and it was not anticipated that any schedules would be

changed until day Light saying time goes off the end of october,

and he would advise us of any changes to be made at that time.

He was asked concerning the procedure for handling

mail when the Dulles Airport opens.

He stated that at this

time it was anticipated that the processing

of mail insofar

as our operation is concerned will be handled aù National.

1 - WFO

HDP :mbl

(1)

Nochange- TAM

Day light faring

Chanci

65-1300-77

SEARCHED ....

vil 1 1/1962

FBI - WASH. F. O.

NW 65994 Docld:32989799 Page 44

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## Page 45

SAC, HFO (65-8479)

October 30, 1962

JAMES F. HORRISSET, SA

JARO

ESP - &

In airtel dated 10/5/62, Baltimore reported

BA 1229-s% as stating in part that on 10/2/62 male subject

was reading to female subject what sounded like a message.

In this message he was instructed, "In your letters, don"t

forget to answer all questions".

To date subject's mail drop is not known.

It will be recalled that subjects possess on

olympia typewriter.

Copies of typing samples obtained from

this machine, which has a distinctive foreign-type appearance,

are auailable to SAl SURVEY agents. Copies of the distinctive

typing used by remale subject in connection wich a cosmetology

application are likewise augilable.

In an attemp to determine the mail drop possibly

being used by the subject, it is recommended that in addition

to the standards normally used in selections under the sall

survey program, " cord record be made of all letters using

Olympia typing which emanate from the Baltimore and Washington

Do Go, aredo

Letters which are patently conmercial in nature

can be disregarded; however, any doubt should be resolved in

favor of recording

the information. In the interest of security,

where a selection is made for JARo purposes, no further action

is to be taken at this time, other than to recora the information.

Periinent addresses of the subjects and others

of possible use are available to SAil SURVEY agents.

tinued

discon

65-8300 SAM SURVEY,

JIL BET

(2)

15-8300-11

SEARCHED

_ INDCAED

SERIALIZED BE

-FILED min

OCT3,0 1962

i

2F81 - WASH. F.U.

NW 65994 Docld:32989799 Page 45

---

## Page 46

TO

FROM

:

OPTIONAL FORAS NO, 10

5010-106

MAY 1982 EDITION

GSA GEN. REG. NO, 27

UNITED STATES GOVERNMENT

Memorandum

SAC, WFO (65-8300)

SA H. DUDLEY PAYNE

DATE:

3/7/63

SUBJECT:

SAM SURVEY

ESP-R

On 3/5/63, SA H. DUDLEY PAYNE contacted L. J.

CARRICO, Assistant Superintendent of Mails, regarding

permitting us to continue the Sam Survey Program at

Dulles Airport. Mr. CARRICO advised that the unofficial

date for the transfer from National to Dulles is expected

to be or is 3/18/63.

He said he would appreciate a note

addressed to the Lostmaster requesting the same courtesies

be extended to us at Dulles as we had enjoyed at National.

Such a note was personally deliverea to him.

On 3/7/63, Mr. CARRICO advised that our request

had been approved.

He also advised that if we should

nave any dilliculties regaraing access to the grounds,

the building, or parking facilities, he would have se

Subs innstituted postal clerk passes issued to the appropriate

agent-

CARRICO, advised that we would like to inspect

the premises which we were to occupy. lie suggested we

contact SHORB at National and arrange with him for either

National e

he or LARUE to visit Dulles with us for such a purpose.

On 3/5/63, SA PAYNE contacted SA ROLAND COKER,

Resident Agency, Alexandria, Virginia, to ascertain if

they had

any contacts at Dulles.

COKER advised that

Chief of Police BANARIK has been very cooperative, but

he would suggest for our purpose we contact HERBERT

FLETCHER who is in charge of Operations and Safety, and

felt that he would be cooperative in arranging parking

facilities for agents.

-WFO

NLE

HIDP: mlb

(1)

65-8368-85

SEARCHED.

SERIALIZED/..L.

MINDEXED,

7 1053

NW 65994 Docld:32989799 Page 46

---

## Page 47

TO

FROM

SUBJECT:

OPTIONAL FORM NO, 10

5010-106

MAY 1962 EDITION

GSA GEN. REG. NO, 27

UNITED STATES GOVERNMENT

Memorandum

SAC, WFO (65-8300)

H. DUDLEY PAYNE, SA

SAM SURVEY

DATE:

June 23, 1964

on 6/22/61 P. A. SHORB, Superintendent of

National and Dulles Airports Post Office substations

advised that THA has instituted daily, nonstop flights

that Pan American has instituted a direct flight

the week it goes to London.

mail trucks carrying mail for the above

flights arrive at Dulles 3:15 p.n., 4:50 p.m.., 5:30 p.M.

and 7:10p.M.

In view of the aboue, it will be necessari

to have an agent at Dulles until

8:00 p.n. Honday

through Friday. Accordingly, one agent should be scheduled

to work 8:00 a.m. to 4:00 p.M. and one scheduled 12:00 noon

to 8:00 p.m.

HDP/ pen

* (1)

perr

70

NW 65994 Docld:32989799 Page 47

65-8300-103

SEARCHED

INDEXED

JUN2: 1964

FBI - WASH. F.P.

---

## Page 48

10/6/61

TO: SAGs WTO (65-8517)

FROL: SA JOHN L. STANLET

UNSUB; KGB AGENT KNOWN AS "SASHA"

ESPIONAGE R

( 00: #тО )

The principal suspect for the unsub,

"SASHA" in this case

¿s IGOR ORLOT who resides with his wife,

sell reproductions of paintings, and which is located in their

residence.

The ORLOts are known to correspond with the following rel-

atives of drs. ORLOV, and WO is interested in mail which is

addressed to these individuals:

ALBERT STIRNER (brother)

Eichendorff Str. 31

83 Landshut / Bayern

West Germany

TS. ROSA STIRNER (mother)

20/b Iroettmaningor st.

Munich 23/b, Germany

It is requested that the above two names be placed on the

SAM SURVEY Watch Listo

Mail to these relatives and otherss bearing the ORLOT return

address of 112 South Pitt Streei, Alexandria, Virginia, partic

ularly mail directed to Germanys

should be covered if possible.

CC: 65 - 8300

seen ho

65-8300-106

SEARCHED.

MADLAED.

!: 1101

Vagi

NW 65994 Docld:32989799 Page 48

---

## Page 49

TO

:

FROM :

SUBJECT:

OPTIONAL FORM NO. 1

MAY 1082 EDITION

5010-107

GSA GEN. REG. NO. 27

UNITED STATES GU VERNMENT

Memorandum

SAC, WEO (65-8300)

SA CARL E. GRAHAM

SAM SURVEY

ESP - R

DATE:

1-21-66

for information of the captioned case.

This

is to note that "ICEBOAT" is a double agent operatior

of which Baltimore is origin. It is noted one of the

accommodation addresses in that case utilized by the

double agent on instructions of his Soviet principal

was:

PROFESSOR DR. SIMEON

Sternwartestr. 75, Vienna XVIII

The above address should be added to the

watch list in instant case.

:

11l66

/ — WFO

(1 - 105-69140)

CEG: ct

(2) 1700

65 - 8500-1:28

SEARCHED

SERIALIZED

_ FILED -

2:10

FBI - WISH. F.O. 1.

NW 6593 Docld:32989799 Bade, Sawings Bonds Regularly on thi Payroll Savings Plan

---

## Page 50

TO

OPTIONAL FORM NO. 10

MAY I86Z EDITION

5010-107

GSA GEN. REG. NO. 27

UNITED STATES GOVERNMENT

Memorandum

i SAC, KFO (775-705565 65-83003

FROM

: SA W. SCOTT JARRETT, JR.

SUBJECT: KORKBAL

IS= EG

DATE:

2/24/66

ILSE RUTH LAUER is a permanent resident alien born

in Germany who entered the U.S, in 1961 an resides in Chicago.

n 19m ent

In 9/65 and 10/65 she visited her parents in East Germany. While

there she met on Fritz Bellstedt who shored her around East Germany.

Shortly before her departure from East Germany Bellstent requested

to foreward a letter for him on her return to U.S. This letter

would be mailed to her in the US and she in turn was to foreward the

letter. She agreed to do this.

On 1/7/66 she received a letter from urs muehlaus Margare

2200 Falrama Rd. Ni, EDC. Enclosed in this letter was a sealed envelor

addressed to Mr. Schlak Wilhelm, 13-4 Alf-fermersleben, Magdeburg,

Fast Germany.

his letter bore a retuin address of Mr.

Becher Oslar,

3241 Tiest Diversey, Chicago, Illinois.

One Margaret N. Muehlhauss resides 3105 Patterson St.

N, NDC and is employed as Secretary

to the Chairman of the Board

Federal Reserve Board. 2200 Kalerama Rd. Ni is the Offices of the

Cultunal Attache and Education Bureau of the UAR.

On 2/8/66 Lauer received a letter with return address

of Mrs Horwitz Rose, 78 rente Ave dressed Cia was tried/1%66

This letter contained an envelope

Jetter..

On 3/7/66 Laver received another letter with return

address of Meuhlhaus Margaret as above. This letter contained an

envelope addressed as the first letter received 1/7/66.

BrAllletters received RuN KRE bear Cyrillic handwriting

characteristics.

It is requested that the address of "Ur. Schlal

Wilhelm (or kilhelm Schlal), 13-a Alf- Fernersleben, Magdeburg

East Germany" be added to the Sam

survey watch list. Examination

of

pertinent items should

be restricted to obseryation of the exterior

of the envelopes.

SLATIZED A FILED

N'SJ/

60-8300-132

• WASH. F. 0.

*

DL

---

## Page 51

1

GSA FT

DIRECTOR, FBI (65-65884)

SAC, FIFO (65-8300) (P)

SAM SURVEY

• ESP • R

7/19/66

• RePHairtel 7/8/66 captioned COVSLIP, ES? - R.

Re airtel indicated that the subject in the

COVSLIP case had received a letter from ERNEST FAFNER,

Berlin, Germany.

WrO has added HAFNER's name and address to SAM

SURVEY wacch list.

i ! i

::

espiritin,

2 • Bureau

- New York (65-18045) (RM)

2) - WrO

(1 - 65-8300 Sub B)

tune ang

HDP: :E8U

(5)

65-8300-134

Searched

Serialized

Indexed -

Filed

NW 65994 Docld:32989799 Page 51

FILE STRIPPED

Date:

7/2L

---

## Page 52

NRA33 WA CODF

5:45PM 9/4/75 NITEL A.JºJ

TO ALL SACS

FROM DIPECTOR

(52-116395)

PERSONAL ATTENTION

SENSTUDY 75

REBUTEL MAY 2, 1975.

PURPOSES OF INSTANT TELETYPE ARE TO (I REITERATE THAT

FOI HAS PLEDGER FULL COOPERATION WITH THE SENATE SELECT

COMMITTEE (SSC) AND WISHES TO ASSIST AND FACILITATE ANY

INVESTIGATIONS UNCEPTAKEN BY THE SEC WITH DESPECI TO THE FBI;

AND (2) SET FORTH NEW PROCEDURE PELATING TO SSC STAFF

IVTTPVIENS OF CURRENT AND FOPMER FBI EMPLOYEES.

FOR INFORMATION OF THOSE OFFICES WHICH HAVE NOT PREVIOUSLY

LAD CUPPENT OR FORMER EMPLOYFES IN ITS IEPRITOY INIERVIEVED

BY THE SSO, IHE BUPEAU FREQUENILY LEARNS FROM THE SSO OR

OUTRUISE THAT FORMER EMPLOYMES ARE BEING CONSIDERED FOR

INTRVISH BY THE SSC STAFF. INSTRUCTIONS ADE ISSUE? FOP THE

FIELD OFFICE TO CONTACT THE FORMED EMPLOYFE TO ALERT HIM AS TO

POSSIBLE INTERVIEW, REMIND HIM OF HIS/CONFIDENTIALITY AGREEMENT

WITH THE BURFAU AND SUGGEST IYAT

IS CONTA CEACHES OR INDEXEN

Watt

Goe

Gove

Sullivan

SEF Y

6 02 4275

FBI-WA01. 1. 4

722724

Nit 8509t Uad: 32384199 Page 52

62-10744-11

file =

SAC

---

## Page 53

PAGE THO

•INTERVITY, HE MAY CONTACT THE LEGAL COUNSEL DIVISION BY

COLLECT CALL FOR FURTHER INFORMATION.

IN TYS USUAL CASE,

AS CIPCIICTANCES UNFOLD, THE FORMER EMPLOYEE IS TOLDCIS

THAT HE HAS A MIGHT TO LEGAL COUNSEL, BUI THAT THE BUREAU

CANNOT PROVIDE SAME: (2) THAT THE BUREAU HAS WAIVED THE

CONFIDFUTIALIIY AGRETMENT FOR THE INTERVISH WITHIN SPECIFITD

PARAMSTES: AUD (3) THAT THERE ARE FOUP POIVILEGCO AREAS IN

THICK HE IS LOT PEQUIRED TO ANSHER QUESTION. THESE ARTAS

ARE RELATING TO TAFORYATION WHICH MAY CAD IDENTIFY PUPFAU

SOUPCTS: (P) DEUCAL SENSITIVE METHODS/TECHNIQUES; (C) REVFAL

IDENIITIES CE THIPD AGENCIFE, INCLUDING FOREIGN INTELLICENCE

AGINCIES, CA INFOPMATION FROM SUCH AGENCIES; AND (OD ARUERSTLY

AFFECT ONCOING BUDFA! INVECTIGATIONS.

HERETATADE, RUDEAL HAS DEFEREE INTEPUITHEES CONSULTATION

PRIVILECES MUTORGY A DUPEA SUPROVISOR WOULD BE AVAILABLE

NEAPRY, ALTHOUGU NOT ACTUALLY AT LUTERVIEW, SO INTEPVIEWFE

MIGHT CONSULT WITH HIM SHOULD QUESTIONS ARISE AS TO PAZAMETERS

OF INTERVIEN OR PRIVTLEGEM ARZAC. THE CONSULIANT DID NOT ACT

AS A LEGAL ADVISOP.

EFFECTIVE IMMEDIATELY, BURTAU WILL NO LONGER PROVIDE

NW 65994 Docld:32989799 Page 53

---

## Page 54

PAGE THREE

ON-THE-SCENE PERSONNEL FOR CONSULTATION PURPOSES TO ASSIST

EITHER CURRENT OF FORMER EMPLOYEES. PROSPECTIVE INTERVIEWEES

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

DURING AN INTERVIEW, THEY MAY CONTACT EITHER PERSONALLY (IF

INTERVIEW IS IN WASHINGION, D. C.) OR BY COLLECI CALL, THE

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

WANNALL; OR, IN HIS ABSENCE, SECTION CHIEF W. O. CREGAR.

THIS CHANGE IN PROCEDURE SHOULD NOT BE CONSTRUED AS

LESSENING THE ASSISTANCE WE ARE FURNISHING TO CURRENT AND

FORMER EMPLOYEES.

FOR YOUR ADDITIONAL INFORMATION, I AM WORKING WITH THE

DEPARIMENT IN EXPLORING AVENUES TO ARRANGE LEGAL REPRESENTATION,

WHEN NECESSARY, FOR CURRENT AND FORMER EMPLOYEES WITHOUT

EXPENSE TO THEM. YOU WILL BE KEPT ADVISED OF DEVELOPMENIS

IN THIS REGARD

END

HOLD PLS

NW 65994 Docld:32989799 Page 54

---

## Page 55

Fashington, D.C.

20535

September 22, 1975

U.S. SENATE SELECT COLSITTEE OIT

INTELLIGENCE ACTIVITIES (SSC)

RE: INTERVIEN OF SPECIAL AGEIT JOSEPH E. DOLING

BY SSC STAFF BEMBERS

Special Agent (SA) Joseph E. Dowling, rederal Bureau

of Investigation (BI) was intervieved on September 19, 1975,

at approximately 1:30 p.i. at the SSC Offices by SSC Staff

Members Mary DeOxeo and lark Gitenstein. No mention was

2322: 30 aste

made by staff members regarding Constitutional Rights and

no mention was made as to whether or not this interview was

voluntary.

SA Dowling was asked if he had ever assisted in

the removal of certain boxes from the residence of the late

J. Edgar Hoover.

He replied that within one or two weeks

after Mr. Hoover's death, he accompanied Robert G. Kunkle,

who at that tine was Special Agent in Charge of the Washington

field Offico of the FBI, to Mr. Hoover's residence and assisted

in removing six to eight cardboard boxes. These boxes

were taken from the basement of the residence and delivered

to the Hashington Field Office of the FBI loading dock in

the rear of the 01d Post Office Building, 12th and Fennsylvania

Avenue, N.17., Washington, D.C. The boxes vere placed on the

loading dock in the custody of either Kenneth Shaffer or

Thomas Dudney, FBI employees.

Concerning the boxes transported fron lir. Hoover's

residenca to the Old Post Office Euilding, Special Agent

Dowling advised the SSC Staff lembers that these boxes vere

sealed with tape and that at no time did SA Dovling see that

was in the boxes. In addition, SA Dowling did not discuss the

8-Bureau

1-WFO (62-0)

JED: jmm

(9)

-t194n-12

---

## Page 56

U.S, SENATE SELECT COITTEE ON

INTELLICENCE ACTIVITIES (SSC)

RE: INTERVIEW OF SA JOSEFH E. DOULING

BY SSC STAFF MEMBERS

contents vith Special Agent in Charge Kunkle. SA Dovling vas

asked tho was present at the Hoover residence then he made

this trip. He advised SSC that he observed no one but did

hear the voice of a fenale and recognized this voice as that

of liss Helen Gandy, a former member of iir. Hoover's Staff.

This interview lasted approximately fifteen minutes.

NDV 65994-Docld:32989/99 Page 36

---

## Page 57

9/22/75

AIRTEL

TO:

DIRECTOR, FBI (62-116395)

ATTENTION: INID

SAC, NEO (62-0)

17. O. CREGAR

U.S. SENATE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITILS

MISCELLAILOUS - INFO CONCERNINS

Enclosed is the original and seven coples of an

Lill setting forth the contents of the interview by the Select

Committee on Intelligence Activities of SA JOSUPH E. DOWLING

оп 9/19/75.

2-Burcau (Enc. 8)

JED: jom

(3)

52-10744-124

NW 65994 Docld:32989799 Page 57

T8 00.!

---

## Page 58

Washington, D.C.

20535

Septenber 23, 1975

U.S. SENATE SELECT COMMITTRE OIT

INTELLIGENCE, ACTIVITIES (SSC)

RE: INTERVIE OF CHIEF CLERK KENNETH SHAFFER

BY SSC STAFF LEMBERS

On September 19, 1975, at the request of the Legal

Council Division, Federal

Bureau of Investigation (FBI) -

Headquarters (HQ), Kenneth Shaffer, Chief Clerk, Fashington

Field Office, appeared at the Senate Office Building for

the purpose of being interviewed by the Staff Members of the

United States Senate Select Connittee on Intelligence

Activities.

The interview was conducted by Senate Select Staff

lembers, Mary DeOreo and Mark Gitenstien. At the on-set of

the interview, kir. Shaffer was not advised of his Constitu-

tional Rights

nor was he advised that he was being questioned

on a voluntary basis.

During the month of June, 1975, Hr. Shaffer was

interviewed at FBI-HQ, relative to his participation in

the handling and destruction of material from the residence

and Justice Building Office of the late J. Edgar Hoover.

As a result of this interview an FD-302 (Report of Interview

form) was prepared. Prior to the time of the interview by

the Staff Members,

Nir. Shaffer had not had the opportunity

to read this report.

kir. Shaffer requested that he be

permitted to read the ID-302 report.

After a short conference,

between the Starf lembers, they agreed that it would be

permissible for him to read the report.

The interview by the Staff Members lasted approximately

one hour and 15 minutes.

8-Bureau (62-116395)

/1-WFO (62÷0)

KS: jmm.**

(9)

-13

NW 65994 Docld:32989799 Page 58

---

## Page 59

U.S. SENATE SELECI COMMITTEE ON

INTELLIGENCE ACTIVITILS (SSC)

RE: INTERVIEW OF CHIEF CLERK KENNETH SHAFTER

BY SSC STAFF MEMBERS

The questions asked by the two Senate Select Committee

Staff Members were relative to above mentioned matter.

The questions and replies set forth below are as

best as lir. Shaffer can recall.

Question: How long have you been the Assistant Chief Clerk

at the Washington Field Office?

Answer:

Five years. I am now Chief Clerk. I replaced tir.

Dudney who was transferred to Headquarters.

Question: How long have you worked for the Bureau?

Answer:

Thirty-one years.

Question: Do you know it. John P. Mohr?

ANSWEX:

I have known lix. Mohr personally for twenty-five years.

Question: Do you know kir. Mark Felt?

Answer:

Yes, I do.

Question: Do you know Miss Gandy?

Answer: I met her on two or three occasions over the years.

Question: Have you ever discussed this natter with lie.

Mor or Mx. Felt?

Answer:

No, I have not.

Question: After the death of iir. Hoover, how much time lapsed

before you began picking up cartons fron his office

for disposal?

- 2 -

NW 65994 Docld:32989799 Page 59

---

## Page 60

J.S. SPLATE SELECT COUNTTTEE 01

CITELLIGENCE ACTIVITIES (SSC)

RE: INTERVIE OF CHIEF CLERK KENNETH SHAFFER

BY SSC STAFF MEMBERS

Answer: A weel or two.

Question: That was going on in the Director's office when

you picked up the cartons?

Answer: Personal effects were being packed and the rooms

were being prepared for painting and redecorating.

Question: Do you thirl. Ir. L. Patricl Gray knew what was taking

place?

Answer: I rcally do not know.

Question: Did you see iir. Mohr, Ir. Felt or Miss Gandy?

Answer: No, I did not.

Question: Uno did you see in the Director's office?

Answer: I believe I did speak to lix. Hoten.

Question: Tho is lic. Hoten?

Answer; He was lir. Hoover's chauffeur.

Question: How many times have you been in the Director's office?

Answet:

Several times.

(During the course of this questioning, I ronarked

that to the best of my recollection, I was not in

the Director's inner office during this pertinent

tine.)

Question: How many times did you go to the Director's office

to pick up cartons of material for destruction?

-3 -

NW 65994 Docld:32989799 Page 60

---

## Page 61

U.S. SCIATE SELECT COMMITTEE ON

INTELLIGENCE ACTIVITIES (SSC)

RE: INTERVIEW OF CHIDE CLORK KCNNETH SHAFTIR

BY SSC STAFF MELBERS

Answer: Possibly two or three times.

Question; How many boxes vere there?

Answer:

As far as I can recall, there were six to nine

boxes.

Question: Were the cartons marked in any way?

Answer:

As I recall, they were not narked, but were sealed

when received and renained sealed until time of

destruction.

Question: Did Mr. Battle at any time go over to the Justice

Building with you to pick up cartons?

Answer:

Yes, I believe he did.

(The interviewer stated that my reply was contrary

to that of kir. Battle. Hr. Battle indicated that

he was not at the Justice Building with you).

Question: Did you ever go to the Justice Building alone to

pick up cartons of miterial for destruction?

Answer: No, I did not.

Question: If you had gone alone would you have had to account

for your time to lix. Dudney?

Answer: No.

Question: Here you ever at lic. Hoover's residence?

Answer:

No.

- 4-

NW 65994 Docld:32989799 Page 61

---

## Page 62

U.S. SENATE SELECT COMMITTEE OUT

INTELLICENCE ACTIVITIES (SSC)

RE: INTERVIEW OF CHIEF CLERK KENNETH SHAFTER

BY SSC STAFF MEMBERS

Question: Did you see tir. Kunkel in an autonobile with tir.

Battle on occasions when cartons were delivered

fxon lir. Hoover's residence to the loading platform?

Answer: I do not recall seeing him.

Question: Tell us how you were advised that material was

ready to be picked up?

Answer:

lir. Kunkel would receive a telephone call and in

turn would contact lic. Battle and advise him.

Enroute from li. Hoover's residence, fir. Battle

would contact the Radio Room and request that I

meet him at the platform.

Question: Were these cartons ever placed in the office of

lic. Kunkel?

Answer:

No.

(For the record, I did retract this answer and

stated "that the beginning of the project, they

were placed in a room vithin his office and kept

there until it was time for destruction. After

a time, they were taken directly to the disintegrator

room. Mc. Dudney and I had the key to this roon.")

Question: Is there another storage room in the lashington

Field Office where the cartons night have been

stored until time for destruction?

Anster:

No.

(Following the interview, in talking to ir. Dudney,

I then realized that the

intervievers vere referring

to a walk-in vault where it. Dudney had placed

material on one or two occasions.)

-5.

NW 65994 Docld:32989799 Page 62

---

## Page 63

U.S. SENATE SELECT COLCITTEE ON

INTELLIGENCE ACTIVITIES (SSC)

RE: INTERVICW OF CHIEF CLERK KENNETH SHAFFER

BY SSC STAFF LCIBERS

Question: What sort of material was in the cartons?

Answer: Photography, old personal letters, post cards,

Christmas cards, etc., and other personal records.

question: Do you recall seeing letters which had holes

punched in them indicating that they may have been

part of a file?

Answer:

Yes, there were sone letters, but they were torn

up and mixed in with other natorial.

Question: Do you recall seeing at least 150 to 200 3x5 index

cards?

Answer:

No, but it is possible that they could have been

mixed in vith other naterial.

question: 18 in me a ie to bon would the dointerating

Answer:

No, it would not.

(The capabilities and operations of the machine

were fully explained to the Staff intervievers

at this time.)

Question: How long did it take for you to destroy the material?

Answer:

Betreen six to nine hours over a two teel: period

of time.

Question: Is there any record which would reflcet the tine

spent in the destruction of the material or the

amount of naterial destroyed?

- 6 -

NW 65994 Docld:32989799 Page 63

---

## Page 64

U.S. SENATE SELECT COUMITTEE ON

INTELLIGENCE ACTIVITIES (SSC)

RE: INTERVIEW OF CHIEF CLERK KENNETH SHAFFER

BY SSC STAFF MEMBERS

Answer: No

Question: Has there any destruction of naterial after the

first week of July?

Answer:

No.

Question: Knowing that the Bureau had its own disintegrating

facilities, why do you think ir. Kunkel was requested

to handle the destruction of the material?

Answer:

Prior to lic. Kunkel's becoming a Special Agent, he

was a Clerical Employee assigned to the Director's

office. Miss Candy may have requested his assistance

in the destruction of lit. Hoover's personal papers.

Question: Thy do you think that such precautions were taken

in the handling and destruction of this material?

Answer:

The material was that of a prominent deceased

individual and the contents need not be publicized.

Question: Are you assigned to operate the disintegrator

machine?

Answer:

No, we have employees assigned this duty.

Question: Why did lic. Kunkel ask you and Mir. Dudney to

rectally hatre the destruction of the late

Answer:

As Special Agent in Charge, Mr. Kunkel requested

Nix. Dudney and I to handle and destroy all matcrial.

He did so without question.

Question: Early this year an article appeared in a local

newspaper relative to the destruction of naterial

fron the office of li. Hoover. Did you read this

article?

-7 -

NW 65994 Docld:32989799 Page 64

---

## Page 65

70.

U.S. SENATE SELECT COMITTEE ON

INTELLIGENCE ACTIVITIES (SSC)

RE: INTERVIEW OF CHILE CLERK KENNETH SHAFTER

BY SSC STAFF HERBERS

Answer: Yes, I did.

Question: How did this affect you?

Anster:

It really did not affect me. It becare a privatc

joke betreen fit. Dudney and myself in that we

it into a privato

nay have made the newspapers, but did not realize

we were or would ever be involved.

Question: Did you rcad an article in "Time" or "Newsweeld"

relative to the destruction of material from the

office of Mr. Hoover?

Answer:

No sir, I did not.

Question: Did you discuss this matter with anyone?

Answer: No, I did not.

The interviewer emphatically stated that I did

discuss the matter at the time I was interviewed

as reflected by the copy of ID-302 in his possession.

(I stated that I thought he was referring to a

possible discussion with personnel assigned to

the Washington Field Offica.)

There may have been other questions asked of me;

however, as stated above these are the questions I can recall.

- д. -

NW 65994 Docld:32989799 Page 65

---

## Page 66

0/23/75

AIRTEL

TO:

DIRECTOR, FBI (62-116395)

PROMI:

SAC, TITO (62-0)

U.S. SENATI SELECT COLITTEE

ON INTELLICINCE ACTIVITTES

MISCELLANIOUS - INFO CONCERNING

ATTENTION: INTD

I. O. CREGAR

Enclosed arc an original and seven copirs of an

LIl sctting forth information orlativr to thr intrrvict by

the Solret Cormittre on Intelligner Activitirs of KENNETH

SHAFPER, Chief Clorl, Unshington Firld Office on 9/19/75.

?-Eureau (Enc. 8)

FI-10

KS: jam

(3)

isn-

Watt.

hift

67 1 0744-134

NW 65994 Docld:32989799 Page 66

---

## Page 67

Vashington, D.C. 20535

September 26, 1975

UNITED STATES SELECT COMMITTEE

ON ILTELLICENCE ACTIVITIES; SSC

RE: INTERVIEW OF FBI

SPECIAL AGENT JOSEPH L. BATTLE

BY SSC STAFF MEMBERS

ATTORNEY MARK CITTEISTEI,

MARY DEORTO,

JOHN SMITH,

SA Joseph I. Battle was interviewed on September 19, 1975

by the above SSC staff members fron approximately 10:15 until

1l a.I.

the interview was conducted in a ground floor assembl

com located in the Russell Senate Building

Frior to the commencement of the interview, it is to be

noted none of the SSC staff members advised SA Battle of his

constitutional rights nor did they indicate he could be

represented by counsel in this matter.

To the best of SA luttle's Inovledge and recollection,

the following questions were presented by the staff members and

the ansvers given by SA Battle are so denoted.

This document contains neither

recommendations nor conclusions of

the FBI.

it is the property of

the FBl and is leine! to your agency;

it and its contents are not to be

distributed outside your agency.

8-Bureau

INFO

(62-10744)

20/31

EB: pe

(9)

-NW-65994-Docld:32989799_Page 67

.. -14

---

## Page 68

question (Q):

Answer (A):

Q:

A:

!

A:

Q:

A:

Q:

A:

Q:

A:

Q:

A:

A:

A:

After the Director's death, did you

remove files from his office?

No.

Weren't you frequently in the

Director's office?

No.

Weren't you in the Director's office

after his death?

No.

Were you ever in the Director's office?

Yes.

When?

In 1951 while in training school

In conjunction with the Director's progran

of meeting all new agents, and I saw him in

1955 while at In-Service.

Well then, were you ever in Miss Gandy's

office?

Yes.

At the time of the Director's death?

No.

Well, when was it?

Approximately à year or two before the

Director's death.

For what reason? .

I was told to pick up a package at National

Airport and deliver it to Miss Gandy's

office, which I did.

-2-

NW 65994 Docld:32989799 Page 68

---

## Page 69

Q:

A:

- Q:

A:

A:

A:

A:

Q:

A:

Q:

A:

Q:

A:

A:

Do you know what was in the package?

Yes, Miss Gandy indicated it was a

plaque honoring the Director and she

didn't know what she was going to do with

it inasmuch as there was no more available

wall space to hang it.

Do you know Miss Gandy well?

No, other than her official position.

When did you first meet her?

At the aforementioned time.

Any other time?

Yes.

When was that?

In approximately April, 1972, I drove

her from her residence to Bureau headquarters.

Why was that?

It was a Saturday and the Cherry Blossom

Parade was in progress, and she feared

difficulty in getting through the Parade

route to work.

When did you see her next?

After the Director's death.

Under what circumstances?

I drove her to the Director's house.

Weren't you in her office then?

No, I met her in the courtyard.

-3-

NW 65994 Docld:32989799 Page 69

my that

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Q:

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A:

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Q:

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A:

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I thought you said you said you didn't

know her well.

I wouldn't construe the above as knowing

her well.

What was the purpose of driving her to

the Director's house?

She said she had to meet with some lawyers

concerning the Director's estate.

Do you know who was present at the meeting?

No.

: Were you?

No, I waited outside.

Who ordered you to drive Miss Gandy?

• Mr. Kunkel

Weren't you on his squad?

No.

Whose squad were you on?

The ASAC's.

Who ras that?

Ed Campbell

Weren't you considered the #3 man in WFO?

No.

Weren't you a supervisor?

No, a relief supervisor.

To Campbell?

Yes.

A:

NW 65994 Docld:32989799 Page 70

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A:

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q:

A:

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Q:

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0:

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A:

Then wouldn't that m

you #3 man?

No.

What are your duties?

Presently I'm assigned to Squad C-4,

and I'm assigned a variety of criminal

cases.

Be more specific.

Well, I handle numerous extortion type

cases pertaining to the various Senators

and Congressmen, I'm assigned the

Washington, D.C. phase of the Hoffa case

and I assist in bank robberies and other

major crimes.

What did you do on the ASAC Squad?

I handled major criminal matters and

drove the ASAC to the crime scene and

assisted him at the scene, and I also

worked personnel matters.

Do you know John Mohr?

No, other than his official position.

You didn't know him personally?

No.

You never met with him?

No.

Did you ever remove anything from the

Director's house after his death?

Yes.

What was that?

Some cardboard boxes.

= 5-

NW 65994 Dold: 32989799 Page 11

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Q:

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Do you know what was in them?

No.

Were they official FBI boxes?

I don't know what you mean by any

official FBI boxes.

Well, were they plain cardboard boxes?

Yes.

Were they sealed?

Yes.

How many times did you go on this

assigment?

About 3 or 4.

How many boxes did you take out?

About 6 to 8 each time.:

Was anybody present?

Yes.

і

Who?

Miss Gandy and Mr. Kunkel

Anybody else?

On one occasion, I saw the maid, Anna

and the chauffeur, Crawford, and a woman

who Mr. Kunkel introduced as Mr. Tolson's

secretary, but I didn't know her.

What was she doing?

She was writing checks.

-Б-

NW 65994 Docld:32989799 Page 72

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-....

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Q:

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A:

Did Miss Gandy have a desk in the

Director's house?

I don't know.

Did you see any file cabinets?

No, to the best of my recollection.

Do you know what was in any of the boxes?

Yes•

What was that?

white shirts.

Howdo you know that?

Because Miss Gandy pointed them out.

After you left the Director's house,

where did you go?

I drove to the loading platform at WFO.

Who met you there?

Either Dudney or Shaffer.

And then what?

I helped unload the boxes and drove off.

Do you know where the boxes were then

taken?

No.

Didn't you and Mr. Kunkel talk about

what was in the boxes and the purpose

of these trips?

No.

-7-

NW 65994. Docld:32989799 Page 73

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Q:

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Why not?

Because he never volunteered anything

and I figured it was none of my business.

Don't you think this is kind of odd?

No, I've helped other people move and

clean out their cellars and I considered

this about the same thing..

Didn't you become suspicious and scared

when you read in the newspapers that

allegedly secret files were taken out

of the Director's office and destroyed?

No, why should I, as I said before,

I wasn't in the Director's office.

Mr. Battle, Mr. Shaffer states you and

he removed boxes from the Director's.

office at the direction of Mr. Kunkel.

Well, Mr. Shaffer is wrong. I never went

to the Director's office with he or anyone

else.

Have you discussed this matter with

anyone else?

Yes, with the FBI Inspectors who called

me in.

That was when?

In June, you can get the exact date

from the

: 302.

Have you discussed this matter with

anyone else?

Well, you know Shaffer, Dudney and Dowling

and I come up here this morning together

and naturally the matter was discussed.

- 8-

NW 65994 Đocld:32989799 Page 74

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A:

Q:

A:

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A:

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.. .

Do you know or see a memorandum that

was circulated by the Bureau concerning

this inquiry?

No.

When did you last see Kunkel?

About 6 months ago, I saw him at an

elevator bank in the Bureau and we

exchanged greetings.

How about prior to that?

When he left for St. Louis

You haven't discussed this matter with

anyone?

No, other than the above.

How come Kunkel was transferred to St.

Louis, there was a lot of publicity

about it?

I don't know anything more about it than

as you say the national publicity.

Wasn't there a personal feud between

Gray and Kunkel?

If there was, I don't have any direct

knowledge of it.

NW 65994 Docld:32989799 Page 75

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## Page 76

9/26/75

AIRTEL

TO:

DIRECTOR, FBI (62-116395)

FROM: SAC, NO (62-10744)

UNITED STATES SELECT COMMITTEE

ON IITELLIGENCE ACTIVITIES; SSC

RE: INTERVIEU OF FBI SPECIAL, AGENT

JOSEPH E. BATTLE, BY SSC STAFF MEMBERS

ATTN: INTELLIGENCE DIVISION

WILLIAM O. CREGAR

Enclosed herewith for the Bureau is the original and

seven copies of an IFM reflecting Interview of SA BATTLE, which

is self-explanatory.

-Bureau (Enc. 8)

8

press

\ NW 65994 Docld:32989799 Page 76

2-16914-144

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## Page 77

13345 WA PLAIN

9: 22PMNITEL 18/9/75 GHS

TO ALL SACS

FFOM DIRECTOR

INTERVIEWS OF FOI EMPLOYEES BY CONCRESSIONAL COMMITTEES

SY IDIORANDU: TO ALL EMPLOYEES DATED MAY ZE, 1975,

CAPTIQUED "INTSRVIE"S OF FBI EMPLOYEES," ALL EMPLOYZES WERE

ADVISED OF THE NECESSITY OF SECURING FEI HEADQUARTERS APPROVAL

PRIOR TO SUBIITTING IC INTERVIENC EY REPRESENTATIVES OF CON-

GRESSICAL CAMITTERS. THE NECESSITY OF SECURING THIS AP-

PROVAL IS PROMPTED BY THE EMPLOYMENT AGAZENENT ALL EMPLOYEES

HAVE SIE MED.

-т..

YOU WERE ADVISED THAT CONGRESSIOWAL STAFF MCASERS

WERE CONDUCTING INTERVIENS OF FORADA AND/OR CURRENT EMPLOYEES

AND THAT THIS ZUREAU HAD PLEDGEO ITE COCPERATION WITH CON-

GRESE. OUR COOPEAATIVE EFFORTS, OF COURSE, MUST BE CONSISTENT

WITH BUREAU PROCEDURES.

RECSITLY, WE HAVE HAD ATTENPIS SY CONGRESSIONAEMZEMR.POR

COMITTEE STAFF NEIDERS TO INTERVILU CURRENT EXPLOY@S WITHOUT :

YOU PAL ACAIN

HEMLIDED

PRICE CONTACT WITH FEI HEADQUARTERS.

Tae sol;

10/1825

62-10744.

115

---

## Page 78

PAGE TWO

THAT IF A REPRESENTATIVE OF A CONGRESSIONAL COMMITTEE SHOULD

CONTACT A BUREAU EMPLOYEE, THAI EMPLOYEE SHOULD DECLINE TO

RESPOND TO QUESTIONS POSED TO HIM AND ADVISE THE CONGRES-

SIONAL STAFF MEMBER OF THE NECESSITY OF RECEIVING FBI

HEADQUARTERS APPROVAL BEFORE RESPONDING TO QUESTIONS.

END

HOLD

MW 65994 Docld:32989799 Page 78

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## Page 79

10/15/75

AIRTEL

TO:

, FROW:

DIRECTOR, FBI (62-116395)

CONFIDENTI AL

10244

(ATTN: INTD -

W.

O. CREGAR)

SAC, WFO (62-19744)

"SENSTUDY-75"

Enclosed are eight copies of an: IHM dated as

above and captioned "U.S. Senate Select Comnittee on

Intelligence Activities (SSC)" and "Re: Interview of

FBI Special Agent HOMER W. SCHWEPPE by SSC Staff Member

JAMES DICK."

The following background information is being

supplied in connection with the enclosed Lill:

SA SCHWEPPE, at the express direction of SA PAUL

DALY, FBIAQ, presented himsell for interview at

10:00 a.m.

on 9/23/75, to SSC Staff Member JAMES DICK in Room 308,

Dirkésen

Senate Office Building, Washington, D. C. (WDC) •

At about 10:00 a.m. DICK and staff stenotypist SUSAN

HANBACK repaired to a sixth floor room in the former

Carroll Arms Hotel.

DICK had a key for this room, which

appeared to have been used before, possibly for similar

interview purposes, inasmuch as there was a súpply of

stenotype paper on hand.

CONFIDENTIAL

Classified by #7366

exempt fron Gos,

латевоту с

Date of Declassification Indefinite

2-Bureau (Enc. 8)

AWFO

(I-SA SCHWEPPE's Personnel file)

HWS: cad

(5) cal

STe Stames

ASAC Sulliai

NW 65994 Docld:32989799 Page 79

62-10244-166

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## Page 80

NEO 62-10744

CONFIDENTIAL

DICK was friendly and affable but businesslike

throughout the interview. In a brief initial off-the-record

exchange, DICK explained that he was interested in SCHWEPPE's

knowledge of the "Hunter Project," Then SCHWEPPE indicated

he was not familiar with the term, DICK consulted his notes

to confirm whether SCHVEPPE in fact was the party he intended

to interview. A check by him corroborated that SCHWEPPE's

name had been provided him by the Department of Justice

as an individual with knowledge of "Hunter" and related

projects.

During this initial exchange, SCHVEPPE indicated

that his recollection of specifics such as "exactly when?"

and "Did you ever see?" or "When did you first see or learn?"

or "How many times did you see?" based on material possibly

seen by him over a period of several months as far back

as 1958 was limited.

DICK agreed and suggested that there

really might be no need to continue the interview, but in

the end he suggested that since all parties were in place,

the interrogation might as well proceed.

He indicated that a transcript of the interview

would be available for review by SCHWEPPE in about a week.

DICK said he would contact SA DALX at FBIIQ at the

appropriate time.

On contact on 9/30/75, DICK said the

transcript probably would be available for review in about

a week.

As of 10/15/75, it had not been made available.

-

CONFIDENTIAL

IN 65994 Dockd: 32989799 Page 80

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## Page 81

Washington N5, I97520535

SECRET

UNITED STATES SENATE SELECT COMMITTEE ON

INTELLIGENCE ACTIVITIES (SSC)

RE: INTERVIEN OF FEDERAL BUREAU OF INVESTIGATION

(FBI) SPECIAL AGENT HOMER W. SCHWEPPE BY

SSC STAFF MEMBER JAMES DICK

On September 23, 1975, after a short orientation

discussion and after advising him of his rights under the

Constitution and reminding him that his appearance was

voluntary, SSC Staff Member James Dick interviewed FBI

Special Agent Homer W. Schweppe in the presence of SSC

stenotypist Susan Hanback regarding his knowledge

following:

The "Hunter Project," "Bureau Informant

200, " "the SAM Survey," "Z Coverage," and opening of mail

by fBI employees.

At the outset Dick asked Schweppe to document his

FBI service.

Schweppe responded by listing the following:

Assignments

in San Francisco from late 1946 to mid 1947;

in Los Angeles from mid 1947 to mid 1951; at FBI Headquarters

(FBIHQ) from May, 1951, to May, 1958, and again from late

1960 to November, 1961; in the

Washington Field Office (YEO)

of the FBI from May, 1958, on, except for the 1960 to 1901

period

just cited.

During the course of the interview Schweppe was

also asked to indicate the nature of his assignments at

Eblid. he indicated he was assigned for the main part to

units within the Domestic Intelligence Division dealing

with Soviet military attache personnel and with members

SAC SitiCs

ASAC Cackwin -

SECRET

Classified by #7366

Exempt from CDS, Category 2

8-Bureau (62-116395)

(F-SA 3cHNZPu's Personnel file)

NW 65994 Docld:32989799 Page 81

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(10)..2d

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U.S. SSC ON INTULLIGINCE ACTIVITIES

SECRET

Dick's initial inquiry was directed to the extent

of Schweppe's knowledge of the "Hunter Project." When

Schweppe conceded he was not familiar with the term, Dick

offered as an exhibit for review & copy of a February 6,

1958, memorandum directed to Director Hoover entitled "Hunter

Project." This memorandum outlined arrangements to be

effected between the FBI and the Central Intelligence Agency

(CIA) regarding the manner in which the FBI would be provided

the results of CIA's monitoring of certain overseas mail.

On review of the document, Schweppe stated he was certain

he had never seen that meno, but he acknowledged that on

the basis of the memo he had a recollection about such

activity by the CIA. Schweppe recalled that at some point

prior to his transier tron fbliu in way,

1958, and he

indicated he felt it must have been earlier than the

February 8, 1958, date indicated above, he had pass across

his desk in the normal flow of official mail what he referred

to as the modern day version of computer printout lists

consisting, to the best of his recollection, of names of

what were presumed to be Soviet residents as well as addresses

in the Soviet Union.

Schweppe indicated that he had seen

several such lists but since they did not seem applicable

to the type of cases being supervised by Schweppe at the

time, he paid them little heed. He recalled that at least

with

some of the later printouts there were instructions

accompanying theprintouts to the effect that names and/or

addresses of interest should be flagged for what was

presumed to be a "watch list" of some sort.

Dick asked specifically when Schweppe first

became aware of the lists mentioned above; whether he was

familiar with FBI Form 5-88, & form prepared for placing

a request on the "watch list"; whether he had seen any of

the results of the CIA monitoring; and whether he had

seen any reproduction of correspondence photographed bj

IA in connection with the "Hunter Project "

2

SECRET

NW 65994 Docld:32989799 Page 82

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U.S. SSC ON INTELLIGENCE ACTIVITIES

SECRET

Schweppe replied that he thought the lists

he mentioned earlier probably were seen by him before

February, 1958, but he acknowledged he could not recall

exactly when.

He said he could not now recall ever having

seen Ebl form 5-88. He replied that, since he felt he had

never placed a name or address on the "watch list," he

would not have any specific results routed to his personal

attention.

he added, however, that if the results were

routed to

•all supervisors concerned with Soviet intelligence

and related matters, he probably did see such results

and routinely initialed the accompanying routing slips.

He said he could recall no specific "CIA results" if, in

fact, he did see anything specific.

Dick asked whether Schweppe was aware of who

designated the routing of the lists he had seen, and

Schweppe responded that he assumed it was some individual

in the office of the division's Assistant Director who

performed such an administrative function.

Schweppe said

he did not recall a Miss Triplett (phonetic), who,

according to Dick, was responsible for routing the "Hunter

Project" material to appropriate supervisors.

Schweppe

said he could have been included in such routing because

of his assignment.

Dick then queried schweppe on his familiarity

with the term "Bureau Informant 200" (BI 200), when he

first became aware of the term, and whether he ever saw

any of the material attributed to that informant. In

this connection Dick exhibited another FBIHQ memo dated

February 6, 1958, which referred to BI 200 as the designation

18110 58,

forward to its field offices information

received from CIA under the "Hunter Project." Schweppe

was unable to recall exactly when he first became aware

of the use and identity of Bl 200, but he assumed it was

in early 1958.

he said he could recall seeing information

attributed to

BI 200 both while at FBIHQ and in WFO but

that he could no longer recall the specitic nature of the

items involved. He said he presumed that all of them

dealt with Soviet-related investigatory matters. Schweppe

said he did not believe he has seen any references to

BI 200 in the past 15 years or so and that he may have seen

as many as five references a year before that.

3

SECRET

NW 65994 Docld:32989799 Page 83

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## Page 84

U.S. SSC ON INTELLIGENCE ACTIVITIES

SECRET

Dick also queried Schweppe about his knowledge

of the "SAM Survey" (SAM) and "Z Coverage" (Z).

asked Schweppe whether he knew when "sAll" and "z" were

initiated, what they consisted ot, when they ceased,

when he first became aware of then, and whether he hac

that he in time heard about them through office "shor

talk" and then concluded that those designations indicated

projects in which mail to and/or from the Soviet Union and

Soviet bloc countries was monitored.

He said he did

not know when those projects were initiated or when they

terminated.

He said that he would have to guess within a

tolerance of two or three years that he first heard of those

projects in the early 1960s. Schweppe said he was called

on from time to time to translate correspondence in Gernan,

which correspondence had been photographed by some source

not identified initially.

Schweppe suggested that on later

inquiry about the source of the correspondence he was

informed it was either from "SAM" or "Z."

He said he was

unable to recall specifically who so advised him.

He felt

It was possible that word was just "passed along" to that

offoct. He could not recall whether each specific individual

item was identified in a particular, special manner so as

to tie it in to its source.

Schweppe stated that he believes

all such material translated by him was directed to officials

at the Soviet and/or Soviet bloc embassies in Washington,

!. С., and not to any non-diplomatic personnel. such

translation requirements were quite intrequent, and schweppe

was not called on to translate any such material within

the past eight or ten years, to the best of his recollection.

Schweppe said it was his impression that "SAN"

in New York City was handled in space at one or the other

of New York's airports. He said he was unaware of the

specific arrangements in Washington, D. C. He related that

he was aware that 131 special Agent John De Bettencourt,

since deceased, was directly involved in WFO's "Z Coverage"

project but that he did not know specifically to whom De

Bettencourt was answerable.

4

SECRET

NW 65994 Docld:32989799 Page 84

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## Page 85

U.S. SSC ON INTELLIGENCE ACTIVITIES

SECRET

Dick asked whether Schweppe was aware of any

mail having been opened by FBI employees in situations other

than the projects referred to above.

Schweppe, after making

the observation that Federal law and FBI regulations

prohibit such activity, said he himself had never opened

anyone's mail in his capacity as an FBI employee, that he

never observed any other FBI employee so engaged, and that

he personally was not aware of any specific instances in

which that might have happened. At this point Schweppe

related that while he was assigned to the Los Angeles

Office,

he suspected that a female employee, whose name he

could not recall, might possibly have been engaged in the

surreptitious opening of other people's mail because of

the suspiciousnature of her actions at certain times.

Schweppe added that these were suspicions raised by

circunstantial evidence only.

Dick then presented a hypothetical situation in

which agents on duty might obtain mail posted by an

individual and then proceed to open the same and review

the contents.

He asked whether Schweppe was aware of any

such instances.

Schweppe acknowledged that the suggested

scenario sounded realistic enough but added that he could

recall no such actual situations.

During the course of the interview, schweppe

indicated that he had been assigned to soviet-related

investigatory matters in WFO until early 1959, after

which he was assigned to tho handling of German, Latin

American, Middle East, and Chinese investigatory matters

at different times.

Schweppe concluded by stating that his knowledge

and recollection of the subject matter constituting the

basis for the inquiry were weak.

He reiterated that he

never opened any other person's mail in his capacity as an

FBI employee, that he never witnessed any other rbi employee

opening any such mail, and that he cannot recall ever

being avare of any situation in which mail was opened by

FBI employees, exclusive of the

mentioned above.

This interview commenced about 10:15 a..,

September 23, 1975, and concluded at about 11:15 2..

the same day.

5%

SECRET

NW 65994 Docld:32989799 Page 85

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## Page 86

in rage

Mr

hurch's Cover-Up

The committee is not asking embar-

By William Safire

rassing questions even when answers

are readily available. A couple of

WASHINGON, Nov. 19-On Oct. 10,

weeks ago, at an open hearing, an

1963, the then-Attorney General of the

F.B.I. man inadvertently started to

United States put his personal signa-

biurt out an episode about newsmen

ture on a document that launched and

legitimatized one of the most horren-

the apparent tapping of at ritt

dous abuses of Federal police power in

General Kennedy. The too-willing wit!

this century.

ness was promptly shooshed into si:

In Senator Frank Church's subcom-

lence,

and told that such information

mittee hearing room this week,

the

would be developed only in executive

authorized

wiretapping and

subse-

session. Nobody raised an eyebrow.

quent unauthorized bugging and at-

That pattern of containment by the

tempted blackmailing of Martin Luther

King Jr. is being gingerly examined,

with the "investigation"

conducted in

such a way as not to unduly

em-

barrass

officials

of the Kennedy or

ESSAY

Johnson Administrations.

With great care, the committee has

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

ventions which were ordered by Lyn-

the committee counsel first set forth

don Johnson. Such invasions of politi-

the result of shuffling through press

cal headquarters were worse than the

clips, it seemed as if no Justice De-

crime committed at Watergate, since

partment had existed in 1962; today,

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

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

was Robert Kennedy who authorized

be determined not to probe too deeply.

the wiretap of Dr. King, and that "the

If F.B.I. documents say that reports

President of the United States and the

were made to specific Johnson aides,

Attorney General specifically discussed

their concern of Communist influence

same opportunity to publicly tell their

with Dr. King."

story so avidly given the next Presi-

But the Church committee showed

dent's men? If Lyndon Johnson com-

no zest for getting further to the Ken-

mitted this impeachable high crime of

nedy root of this precedent to Water-

using the F.B.I. to spy

gate eavesdropping. If Senator Church

were willing to let the chips fall where

ward to tell us all about it?

they may, he would call some knowl-

But that would cause embarrass.!

edgeable witnesses into the glare of

ment to Democrats,

the camera lights and ask them some

Church wants to embarrass profes-

questions that have gone unasked for

sional

employees

of

investigatory

thirteen years.

agencies only. A new sense of Con-

For example, he could call Nicholas

gressional decorum exists, far from

Katzenbach, Attorney General Ken-

nedy's deputy and successor, and ask

Senate Watergate committee's hear-

what he knows of the Kennedy de-

ing room. When it is revealed that the

cision to wiretap Dr. King. Who at

management of NBC News gave press

Justice concurred in the recommenda-

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

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

President was consulted or informed? i

convention, everybody blushes demurr

ly-and nobody demands

After Mr. Katzenbach assumed of-

fice, and the wiretapping continued,

which network executive made what!

decision under what pressure.

he was told by angry newsmen that

I have been haranguing patient®

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

readers for years about the double

formation about Dr. King. Why did he

standard applied to Democratic and

wait for four months, and for a thou-

Republican political crimes, and had

sand telephonic interceptions, to dis-

hoped the day would come when the

continue the officially approved tap?

hardball precedents set by the Ken-

Of course, this sort of testimony

nedy and Johnson men would be laid

would erode Senator Church's political

before the public in damning detail.

base. That is why we do not see for-

Obviously, Democrat Frank Church

mer Assistant F.B.I. director Cartha

is not the man to do it. His. jowl-

(Deke)

Deloach,

Lyndon

Johnson's

shaking indignation is all too selec-

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

•tive; the trail of high-level responsi-

witness chair. What did President

bility for the crimes committed against

Johnson know about the character-

Dr. King and others is evidently going

assassination plot and when did he

is be allowed to cool.

know it? What conversations took

Pity. You'd think that after all the

place between Mr. Deloach and Presi-

nation has been through in tie past

dent Johnson on the tapping of Dr.

few years, our political leaders would

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

have learned that the one thing that

any other intrusions into the lives of

brings you down is the act of cover-

TW 5694 Told:32989799 Page 82° up.

12- 10244-171

.. INDEXED...

NOV2 4 1975

*FBI - WASH. FIELD UFFICE

THE NEW YORK TIMES

THURSDAY, NOVEMBER 20th, 1975

PAGE C-41

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## Page 87

Routing

0-7 (Rew;

TO: SAC:

Albany

Albuquerque

Alexandria

Anchorage

Atlanta

Baltimore

Birmingham

Boston

Buffalo

Butte

Charlotte

Chicago

Cin Cinnati

Cleveland

Columbia

Dallas

Denver

Detroit

El Paso

] Honolulu

(Copies to Off

Checked)

Houston

& Jacksopolis

Jackson

Jacksonville

Kansas City

Knoxville

Las Vegas

Little Rock

Los Angeles

Louisville

Memphis

Miami

Milwaukee

Minneapolis

Mobile

Newark

New Haven

New Orleans

New York City

Norfolk

Oklahoma City

Omaha

Philadelphia

Phoenix

Pittsburgh

Portl and

Richmond

Sacramento

St. Louis

Salt Lake City

San Antonio

San Diego

San Francisco

San Juan

Savannah

Springfield

lamp :

Vashington Fiel

Quantico

TO LEGAT:

- Beirut

Bern

Bonn

Brasilia

Buenos Aires

Caracas

Hong Kong

London

Madrid

Manila

Mexico City

Ottawa

Paris

Rome

Singapore

Tel Aviv

] Tokyo

RE: SENATE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIES

Date

11/21/75

Retention

For appropriate

• For information → optional T

7 action

[ Surep, by

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

[J conceal all

sources, _ paraphrase contents.

Enclosed are corrected pages from report of SA

dated

•

Remarks:

Enclosed for your information is a copy of

an article: by Mr. William Safire entitled "Mr.

Church's Cover-Up" that appeared

in the

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

2-10 114

I1A

SEARCHED

- INDEXED...

NOVE 4 1975

FBI - WASH. FIELD OFfICE

Enc. (1)

Bufile

Urfile

---

## Page 88

NROZE WA PLAIN

750PiI NITEL 12-15-75 LXS

TO ALEXANDRIA

BALTIMORE

CHARLOTTE

CLEVELAID

CCLUBIA

WASHINGTON

FIELD

FRCM DIRECTOR (62-116464)

HOUSE STUDY 75.

THE HOUSE SELECI COMMITTEE (HSC) HAS INDICATED DESIRE TO

INTERVIEW CERTAIN FORMER BUREAU EMPLOYEES CONCERNING ANY

KNOWLEDGE THEY MAY POSSESS PERTAINING TO THIS BUREAU'S PURCHAS-

ING PRACIICE WITH U. S. RECORDING COMPANY. LISTED BELOW ARE

THE NAMES OF THE FORMER EMPLOYEES CONCERNING WHOM HSC HAS

EXPRESSED AN INTEREST AS WELL AS THE LAST KNOWN ADDRESS OF

EACH INDIVIDUAL AS IT APPEARS IN HIS PERSONNEL FILE: RUFUS R.

BEAVER - 326 EAST STADIU DRIVE, EDEN, WORTH CAROLINA 2728E;

THOMAS FARROW - 9319 MEADOW HILL TOAD, ELLICOTT CITY, MARYLAND

SEA CHED BET NO XEN

SERIALIZED - FLES

DEG 15 7 54:1: '75

Nome fanfo

62-10744-188

NW 65994 Docld:32989799 Page 88

---

## Page 89

PAGE TWO

21943; JAIlES H. GALE - 3307 ROCKY MOUNT ROAD, FAIRFAX,

VIRGINIA - HOE PHONE 273-1661, OFFICE PHONE 591-2151;

WILLIAN JARVIS GOODWIN - 1301 SOUTH SCOTT STREET, ARLINGTON,

VIRGIIIA 22204 - HOME PHONE 927-2754; ODD I. JACOBSEN -

77 BATTERY ROAD, HILTON HEAD ISLAND, SOUTH CAROLINA 29920;

NORMAN MC DANIEL - 7103 SEA CLIFF ROAD, MC LEAN, VIRGINIA

22101; DONALD E. ACORE - 505 CROWN VIEW DRIVE, ALEXANDRIA,

VIRGINIA 22314 - HOLE PHONE 751-0327; PAUL F. O'CONNELL, JA. -

2417 STRATION DRIVE, POTONAC, MARYLAND - HOLE PHONE 424-2585;

AL ROSEN - 55 FIR HILL TOWERS WORTH; AKRON, OHIO 44394;

C. C. SMITH - 2601 HAWAII AVENUE NORTHEASI, SAINT PETERSBURG,

FLORIDA 33793 - HOME PHONE 522-6597; WILLIAN D. SOYARS -

12519 GREYWING SQUARE, RESTON, VIRGINIA - HOME PHONE 360-4055;

VICTOR TURYN - 2645 TURF VALLEY ROAD, ELLICOTT CITY, MARYLAND;

LEONARD Mi. WALTERS - 1303 MACSETH SIREET, MC LEAN, VIPGINIA-

HONE PHONE 356-1464.

RECIPIENTS ARE REQUESTED TO CONTACT THE ABOVE-LISTED

INDIVIDUALS RESIDING IN THEIR RESPECTIVE AREAS AND ADVISE

THEM OF THE ABOVE-STATED HSC INTENTION. EACH INJIVIDUAL SO

CONTACTED SHOULD BE INSTRUCTED THAT WHEN AND IF CONTACTED BY

NW 65994 Docld:32989799 Page 89

---

## Page 90

PAGE THREE

THE HSC THEY SHOULD, BEFORE SUBITTING IO INTERVIEW,

IELEPHONICALLY CONTACT THE OFFICE OF LEGAL COUNSEL AT BUREAU

HEADQUARTERS COLLECT TO SECURE RELEASE FROM THEIR EMPLOYMENT

AGREEMENT AND TO ASCERTAIN PARAMETERS WITHIN WHICH INTERVIEW

MAY BE CONDUCTED. ADVISE HCADQUARTERS SHOULD DIFFICULTY DE

ENCOUWTERED IN CONTACTING ASOVE-LISTE INDIVIDUALS.

EUD

WUC WE FBI CLA

NAL65994 Docld:32989799 Page 90

---

## Page 91

NRO8D WA CODE

5:1 7PM IMMEDIATE 1-13-75 DLA

TO NEW YORK

WASHINGTON FIELD

FROM DIRECTOR (62-116395)

CONFIDENTIAL

JUNE

SENSTUDY 75.

IN RESPONSE TO A REQUESI OF THE SENATE SELECT COMMITTEE

(SSC) YOU ARE REQUESTED TO FURNISH THE RESULTS OF THE FOLLOWING

ELECTRONIC SURVEILLANCES. A REVIEW OF ELSUR INDICES AT FBIHQ

INDICATES THAT THE LISTED INDIVIDUALS WERE EITHER A PARTY TO

OR WERE MENTIONED ON THE SPECIFIC DATES SET FORTH:

INDIVIDUAL

DATE

WARREN, EARL

CHIEF JUSTICE

MARCH 9, 1964

NY2950-S (ASTERISK)

WARREN, EARL, JR

RUSSELL, RICHARDU

RUSSELL, RICHARD:

SE NATOR FROM GEORGIA

MARCH 2, 1964

APRIL 25, 1967

NOVEMBER 8, 1963

EMB CHILE-WFO

CHINA-WFO

NY4171-S (ASTERISK)

MC CLOY, JOHN

NOVEMBER 232 1264

APRIL 14, 1964

ALG EMB-WFO

GREEK-WFO

cc placed in 65-7790466

JAN 13 5 22 79 976

NW 65994 Docld:32989799

1113

Page 91

62-1:09-191

---

## Page 92

PAGE TWO CO

"BRIEN, JOHNU."

MARCH 31, 1964

NY1137-S (ASTERISK)

2

REDLICH, NORMANOLUTE. JANUARY 29, 1964

NY 3401-S (ASTERISK>

NEW YORK AND WFO SHOULD FURNISH THE TEXT OF THE OVERHEAR,

IF AVAILABLE, AND ANY OTHER IDENTIFYING INFORMATION AS TO THE

INDIVIDUAL INVOLVED.

SUTEL RESULTS OF YOUR REVIEW EXPEDITIOUSLY.

CLASSIFIED BY 3676, XGDS 2, INDEFINITE.

END

HOLD

NW 65994 Docld:32989799 Page 92

---

## Page 93

NRODI ME CODED E

9: DIAM URGENT 1-15-76 KLS

TO:

FROM :

DIRECTOR, FBI (62-116395)

SAC, WFO (62-10744) (RUC)

ATTENTION INTD. JUNE

SECRET

SENSTUDY 75

RE BUREAU TELETYPE JANUARY 13, 1976.

SET FORTH ARE THE RESULTS OF THE ELECTRONIC SURVEILLANCE

COVERAGE REQUESTED IN REFERENCE TO BUREAU TELETYPE OF

JANUARY 13, 1976:

EARL WARREN, JR., MARCH 2, 1964:

WE 141R-S, WHO PROVIDES INFORMATION CONCERNING THE

EMBASSY OF CHILE PROVIDED THE FOLLOWING INFORMATION AT

6:11 P.M. ON MARCH 2, 1964:

EARL WARREN, JR., AND PRESTON LASI NAME UNKNOWN (LNU)

LONG DISTANCE FROM SACRAMENTO, CALIFORNIA, TO AMBASSADOR

SERGIO GUTIERREZ.

AFTER CHATTING ABOUT PRESTON'S RECENT ILLNESS, PRESTON

ADVISED THAT THEY HAVE RUN INTO SOME DIFFICULTY BECAUSE OF

THE GOVERNOR'S SCHEDULE, AND HE WILL NOT BE AVAILABLE UNTIMERED

-'4-i-20

JAN 15 1373

F3! W!W. F 9.

NW 65994 Docld:32989799 Page 93

---

## Page 94

PAGE TWO UFO

62-19744 SECRET

APRIL 3. GUTIERREZ THEN ASKED IF HIS PROPOSED VISIT THERE

IS REALLY OF INTEREST RIGHT NOW OR IF IT SHOULD BE POSTPONED

UNTIL LATER. PRESTON REPLIED THAT APRIL WOULD BE AN

APPROPRIATE TIME, BECAUSE BY THAT TIME THEY WILL HAVE THE

CALIFORNIA - CHILE FUND GOING, AND BY THAT TIME ALSO THEY

WILL HAVE EMBARKED ON THE FIRST PROJECTS IN COOPERATION WITH

THE CHILEAN GOVERNMENT. PRESION ADDED THAT ALSO UNDERSTANDS

THAT AT ABOUT THAT TIME THE PEOPLE ON CAPITOL HILL 'WHO DO NOT

LIKE US' ARE GOING TO LAUNCH AN ATTACK ON US, SO IT WOULD

SEEM ABOUT AS AN APPROPRIATE TIME AS COULD BE IMAGINED.

GUTIERREZ SAID HE WOULD CONSULT HIS SCHEDULE VERY CAREFULLY

AND WILL CALL PRESTON TOMORROW OR WEDNESDAY.

WARREN THEN SPOKE TO GUTIERREZ AND REFERRED TO GUTIERREZ'S

PREFERENCE FOR INFORMAL MEETINGS, AND ASKED IF HE WOULD HAVE

ANY OBJECIIONS IO MAKING A COUPLE OF FORMAL APPEARANCES, ONE

IN THE NORTH, AND ONE IN THE SOUTHERN PART OF THE STATE.

GUTIERREZ SAID HE WOULD GO ALONG WITH ANY PLANS THEY WISH

TO MAKE. "

NW 65994 Docld:32989799 Page 94

---

## Page 95

PAGE THREE WFO 62-19744 SECRET

RICHARD RUSSELL, APRIL 25, 1967:

WE 1779-5, WHO PROVIDES INFORMATION CONCERNING THE

EMBASSY OF CHINA, WDC, AT 2:40 P.M. DN APRIL 25, 1967,

PROVIDED THE FOLLOWING INFORMATION:

"ERV SWANSON "FROM THE LI.S. SENATE' TO MINISTER "OO,

SHIH - YING. SWANSON ADVISED WOO HE KNEW A VERY POWERFUL

PERSON WHOM THEY MAY WISH IO INVITE TO THE PARTY. THE MAN

IS WILLIAM JORDAN, EXECUTIVE SECRETARY TO SENATOR RICHARD

RUSSELL OF GEORGIA. JORDAN HAD SHOWN INTEREST IN GOING TO

TWIN OAKS AND IT WOULD BE ADVANTAGEOUS TO INVITE HIM. HIS

ADDRESS IS ROOM 205, SENATE OFFICE BUILDING."

HALE BOGGS, NOVEMBER 23, 1964:

WE 1523-5, WHO PROVIDES INFORMATION CONCERNING THE

ALGERIAN EMBASSY, MDC, MADE AVAILABLE THE FOLLOWING

INFORMATION AT 3:93 P.M. ON NOVEMBER 23, 1964:

"SECRETARY IN THE OFFICE OF REPRESENTATIVE HALE BOGGS,

SAYING: MR. AND MRS. BOGGS AND DAUGHTER, CORINNE WILL

ATTEND THE RECEPTION ON WEDNESDAY, DECEMBER 9."

NW 65994 Docid:32989799 Page 95

---

## Page 96

PAGE FOUR TO GO-ITTLASTCEET

OH! SO MC CLOY, APRIL 14, 1954:

HE — 1549-C, HUN PROVIDES INTORMATION CONCPRMINE THE

CASTE FRASSY, MEC, MADE AVAILABLE TUS FOLLOWING INFORMATION

AT 19:55 AOMO ON APPIL 14, LOGA:

MA. MOLIN (PHONETIC) TO AURASCADOR ALEXANDER MATSAS

SAYING: I MUST RECEIVED A TELEPHONE CALL FROM CAMPRIDE,

MISSACHUGETTS ARDIT A HOHORARY COMMITTEE FON THE GEMADION

(PYONETIC LIPPARY IN ATHENS AT DUP ECHOOL. PROFESSOP

FRAICIS MALTON FROM HARVARD INIVERSITY WROTE YOU A LETTER

IVD TO TURFE WERLE AGO ASCING IF YOU WOULD LIKE TO BE AN

HONORARY MOMRER OF THE ADUISORY COMMITTES AND HE HAS NOT

RECEIVED YOUR REPLY, MATSA: SAYS: IT POBABLY CAME WHILE

I TAS AYAY. HOWLIN: OTHERE WHO HAVE ACCEPTED ARE:

RS. BLISS, MP. LABONISSE THE AMPASSADOR IN GREECE,

THOMAS LAMOUT DE NEW YORK, JONY .. MC CLOY AND MR. LILLY.

MATSAS: I'M SORRY PUT I'LL CHECK O THIS LATER, HOPE TO

SEE YOu SOON, noon Rys."

ADMINISTRATIVT:

CLASSIFICE CY CIAL, MAME O AND 7.

INDEFINITE.

15 TUE PURCAU IS AWARE, THE ELOUR INNICHS INDICATE ONLY

THE FIRST OCCASION IN MYTCH TUE TARIVICHOL IS IVTERCEPTED

IN CONVERSATION IN A GIVE! ELECTROMIC SUPUEILLANCE.

NW 65994 Docld:32989799 Page 96

---

## Page 97

1. s

PAGE FIVE UFO 62-19744 SECREI

IN THE INSTANT TELETYPE, FO HAS ONLY ENDEAVORED TO

PROVIDE INFORMATION CONCERNING THE ELECTRONIC INTERCEPTIONS

OF THE INDIVIDUALS REQUESTED IN THE BUREAU TELETYPE OF

JANUARY 13, 1976. WFO HAS NOI CONDUCTED A COMPREHENSIVE

REVIEW OF ITS ELSUR INDICES OR ITS STANDARD INDICES CONCERNING

THE INDIVIDUALS SET FORTH IN THE REFERENCED BUREAU TELETYPE.

IT IS, THEREFORE, POSSIBLE THAI THE INDIVIDUALS MENTIONED

ABOVE MAY HAVE BEEN INTERCEPIED ON OTHER OCCASIONS THAN ARE

SET FORTH ABOVE OR MAY HAVE BEEN INTERCEPTED IN OTHER

ELECIRONIC SURVEILLANCES CONDUCTED BY WFO. VACB, WO WILL

NOT CONDUCT A COMPREHENSIVE REVIEW OF ITS ELSUR INDICES OR

STANDARD INDICES CONCERNING THE INDIVIDUALS SET FORTH IN

BUREAU TELETYPE OF JANUARY 13, 1976.

END.

AJN FBIHO CLR TU

NW 65994 Docld: 32989799 Page 97

---

## Page 98

FD-36 (Rev. 2-14-74)

FBI

Date:

1/14776•

Transmit the following in

TELETYPE

CODED

(Type in plaintext or code)

URGENT

Via

(Precedence)

TO:

FROM:

DIRECTOR, FBI (62-116355904 AST

SAC, WFO (62-10744) (RUC)

ATTENTION INTD. JUNE

[0).

SECRET

SENSTUDY 75

RE BUREAU TELETYPE JANUARY 13, 1976.

SET FORTH ARE THE RESULTS OF THE ELECTRONIC SURVEILLANCE

COVERAGE REQUESTED IN REFERENCE TO BUREAU TELETYPE OF

JANUARY 13, 1976:

EARL WARREN, JR., MARCH 2, 1964:

WF 1410-S*, WHO PROVIDES INFORMATION CONCERNING THE

EMBASSY OF CHILE PROVIDED THE FOLLOWING INFORMATION AT

6:11 P.M. ON MARCH 2, 1964:

EARL WARREN, JR., AND PRESTON LAST NAME UNKNOWN (LNU)

LONG DISTANCE FROM SACRAMENTO, CALIFORNIA, TO AMBASSADOR

SERGIO GUTIERRE?

AFTER •CHATTING ABOUT PRESTON'S RECENT. ILLNESS; PRESTON

ADVISED THAT THEY HAVE RUN INTO SOME DIFFICULTY BECAUSE OF

THE GOVERNOR'S SCHEDULE, AND HE WILL NOT BE AVAILABLE UNTIL

1- Tickler

DES: mj 1

JAN 15 9 00 AM 276

Approved:

NW 65994 Docld:32989799 Page 98

Sent

_ M

Per

110d-30

---

## Page 99

FD-36 (Rev. 2-14-74)

FBI

Date: *

1/14/76

Transmit the following in

CODED

(Type in plaintext or code)

Via -

TELETYPE

URGENT

(Precedence)

_ PAGE TWO WEO 62-10744 SECRE_I_.

APRIL 3. GUTIERREZ THEN ASKED IF HIS PROPOSED VISIT THERE

IS REALLY OF INTEREST RIGHT NOW OR IF IT SHOULD BE POSTPONED

UNTIL LATER. PRESTON REPLIED THAT APRIL WOULD BE AN

APPROPRIATE TIME, BECAUSE BY THAT TIME THEY WILL HAVE THE

CALIFORNIA - CHILE FUND GOING, AND BY THAT TIME ALSO THEY

WILL HAVE EMBARKED ON THE FIRST PROJECIS IN COOPERATION WITH

THE CHILEAN GOVERNMENT. PRESTON ADDED THAT ALSO UNDERSTANDS

THAT AT ABOUT THAT TIME THE PEOPLE ON CAPITOL HILL 'WHO DO NOT

LIKE US' ARE GOING TO LAUNCH AN ATTACK ON US, SO IT WOULD

SEEM ABOUT AS AN APPROPRIATE TIME AS COULD BE IMAGINED.

GUTIERREZ SAID HE WOULD CONSULT HIS SCHEDULE VERY CAREFULLY

AND WILI CALL PRESTON: TOMORROW OR WEDNESDAY..

WARREN THEN SPOKE TO GUTIERREZ AND REFERRED TO GUTIERREZ'S

PREFERENCE FOR INFORMAL MEETINGS, AND. ASKED IF HE WOULD HAVE

ANY OBJECTIONS TO MAKING A COUPLE OF. FORMAL. APPEARANCES, ONE

IN THE NORTH, AND ONE IN THE SOUTHERN PART Of THE STATE

GUTIERREZ SÄID HE WOULD GO ALONG WITH ANY PLANS THEY WISH

• TO MAKE."

Approved: .

Sent

_M

Per.

Special Agent in Charge

: NW 65994 Docld:32989799 Page 99

---

## Page 100

FD-36 (Rev. 2-11-74)

FBI

Dale:

1/14/76

Transmit the following in

CODED

(Type in plaintext or code)

Via

TELETYPE

URGENT

(Pricedence)

-

PAGE THREE WFO 62-10744 SECREI

RICHARD RUSSELL, APRIL 25, 1967:

WE 1779-S*, WHO PROVIDES INFORMATION CONCERNING THE

EMBASSY OF CHINA, WDC, AT 2:40 P.M. ON APRIL 25, 1967,

PROVIDED THE FOLLOWING INFORMATION:

"ERV SWANSON 'FROM THE U.S. SENATE' TO MINISTER WOO,

SHIH - YING. SWANSON ADVISED WOO HE KNEW A VERY POWERFUL

PERSON WHOM THEY MAY WISH TO INVITE TO THE PARTY. THE MAN

IS WILLIAM JORDAN, EXECUTIVE SECRETARY TO SENATOR RICHARD

RUSSELL OF GEORGIA. JORDAN HAD SHOWN INTEREST IN GOING TO

TWIN OAKS AND IT WOULD BE ADVANTAGEOUS TO INVITE HIM. HIS

ADDRESS IS ROOM 205, SENATE OFFICE BUILDING."

HALE BOGGS, NOVEMBER 23, 1964:

WF 1523-5*

, WHO PROVIDES INFORMATION CONCERNING THE

ALGERIAN EMBASSY, WDC, MADE AVAILABLE THE FOLLOWING

INFORMATION AT 3:03 P.M. ON NOVEMBER 23, 1964:

"SECRETARY IN THE OFFICE OF REPRESENTATIVE HALE BOGGS,

SAYING: MR. AND MRS. BOGGS AND DAUGHTER, CORINNE WILL

ATTEND THE RECEPTION ON WEDNESDAY, DECEMBER 9."

Approved:

Special Agent in Churc

Sent

Per.

NW 65994 Docld:32989799 Page 100

---

## Page 101

FD-36 (Rev. 2-11-74)

Transmit the following in ~

TELETYPE

Via

FBI

Dale:

CODED

(Type in plaintext or couc)

URGENT

1/14/76

WE - 1549-S*, WHO PROVIDES INFORMATION CONCERNING THE

GREEK EMBASSY, WDC, MADE AVAILABLE THE FOLLOWING INFORMATION

AT 10:55 A.M. ON APRIL 14, 1964:

MR. HOWLIN (PHONETIC) TO AMBASSADOR ALEXANDER MATSAS

SAYING: I JUST RECEIVED A TELEPHONE CALL FROM CAMBRIDGE,

MASSACHUSETTS ABOUT AN HONORARY COMMITTEE FOR THE GENADION

(PHONETIC) LIBRARY IN ATHENS AT OUR SCHOOL. PROFESSOR

FRANCIS WALTON FROM HARVARD UNIVERSITY WROTE YOU A LETTER

TWO OR THREE WEEKS AGO ASKING IF YOU WOULD LIKE TO BE AN

HONORARY MEMBER OF THE ADVISORY COMMITTEE AND HE HAS NOT

RECEIVED YOUR REPLY. MATSAS SAYS: IT PROBABLY CAME WHILE

I WAS AWAY. HOWLIN: OTHERS WHO HAVE ACCEPTED ARE:

MRS. BLISS, MR. LABOUISSE THE AMBASSADOR IN GREECE,

THOMAS LAMONT OF NEW YORK, JOHN J. MC CLOY AND MR. LILLY.

MATSAS: I'M SORRY BUT I'LL CHECK ON THIS LATER, HOPE IO

SEE YOU SOON, GOOD BYE."

ADMINISTRATIVE:

CLASSIFIED BY 6121, XGDS 2 AND 3. INDEFINITE.

AS THE BUREAU IS AWARE, THE ELSUR INDICES INDICATE ONLY

THE FIRST OCCASION IN WHICH THE INDIVIDUAL IS. INTERCEPTED

IN CONVERSATION IN A GIVEN ELECTRONIC SURVEILLANCE.

Approved:

Special Agent in Charge

Sent

_11 Per -

NW 65994 Docld:32989799 Page 101

---

## Page 102

FD-36 (Rev. 2-14-74)

FBI

Date: -

1/14/76

Transmit the following in

CODED

(Type in plaintext or code)

Via

TELETYPE

URGENT

(Precedence)

_PAGE FIVE NFO 62-10744 SECRET_

IN THE INSTANT TELETYPE, WEO HAS ONLY ENDEAVORED TO

PROVIDE INFORMATION CONCERNING THE ELECTRONIC INTERCEPTIONS

OF THE INDIVIDUALS REQUESTED IN THE BUREAU TELETYPE OF

JANUARY 13, 1976. WEO HAS NOT CONDUCTED A COMPREHENSIVE

REVIEW OF ITS ELSUR INDICES OR ITS STANDARD INDICES CONCERNING

THE INDIVIDUALS SET FORTH IN THE REFERENCED BUREAU TELETYPE.

IT IS, THEREFORE, POSSIBLE THAT THE INDIVIDUALS MENTIONED

ABOVE MAY HAVE BEEN INTERCEPTED ON OTHER OCCASIONS THAN ARE

SET FORTH ABOVE OR MAY HAVE BEEN INTERCEPTED IN OTHER

ELEOTRONIC SURVEILLANCES CONDUCTED BY WEO. UACB, WEO WILL

NOT CONDUCT A COMPREHENSIVE REVIEW OF ITS ELSUR INDICES OR

STANDARD INDICES CONCERNING THE INDIVIDUALS SET FORTH IN

BUREAU TELETYPE OF JANUARY 13, 1976.

END.

Approved:

Sent _

_ M

Special Agent in Charge

•

NW 65994 Docld:32989799 Page 102

Per

---

## Page 103

sir"

M NO. 10

EDITION

GSA FPMR 641 CFRI 101-17.6

UNITED STATES GOVERNMENT

Memorandum

TO

Clarence Kelley, Director

¡ FBI

FROM : Edward H. Levi

Attorney

General

SUBJECT:

Joseph Kraft burglary

Among the documents from Federal Bureau of Investigation

files provided to my office under a cover memorandum dated

October 7, 1975, there was a memorandum dated July 18, 1973

and titled "Joseph Kraft,"

This document, along with the others,

was provided to Mr. Kraft's attorneys pursuant to the agreement

of August 5, 1975, for review before the department furnished

it to the Senate Select Committee.

When Mr. Kraft and his attorneys reviewed the July 18, 1973,

document they raised a question about a reference on page two of

the document which stated:

1976

"Or September 4, 1969, Joseph Kraft

advised the Washington Field Office of the

FBI that he left his home (3021 N Street,

N. W., Washington D. C.) at approximately

9:20 P.M. on September 3, 1969, to visit

with former Governor Averell Harriman who

resided a few doors from the Kraft "residence.

At approximately 9:45 P.M. Mrs. Kraft, who

was in the second floor bedroom of the

residence, came down the stairs and found

the door open.

"Subsequently, it was discovered by

Mr. and Mrs. Kraft several items of sterling

silver were missing from the dining room and

the pantry which items, according to the

Krafts, had

an estimated value of approximately

$10,000.

"A crime scene search and processing of

the crime scene by the Metropolitan Police

Department produced negative results. No

forcible entry was noted and Mr. Kraft advised

investigative officers of the Metropolitan

Police Department that he had probably left

the front door ajar when he departed the

residence.

AssoC.

Dep.-A.DIf

Dep.-A.DD-1162

Asst. Dir.:

Admin.

Comp. Gust.

Ext._

Hackle phs

Gen. Isr

Ident.

DATE: January 12,

ThEN Tur

Laboratary

Plan. & Eval

Spec. Inv. -

Training

Legal Coun

Telephone Rm. -

Director Sea'y

Gregor

62-10744-21

SEARCHED.

..INDEXE).....

SERIALIZED.

JAN ZU 1976

FBi - WASH. F. 1

W 650840Dold: 32989799 Bage is Savings Bonds Regularly on the Payroll Savings Plan

---

## Page 104

"On the morning of

September 4, 1969,

the Metropolitan Police Department was advised

by the Washington National Airport Police that

some silverware had been found near one of the

entrances to the terminal at the Washington

National Airport.

The silverware was recovered

by the Metropolitan Police Department and

processed for latent fingerprints without

success and the items were returned to Mrs.

Kraft upon her identification of the silverware.

No suspects were developed by either the FBI

or the Metropolitan Police Department in the

investigation of the matter."

Mr. Kraft does not recall having spoken to the FBI about the

burglary: Documents provided more recently to Mr. Kraft pursuant

to the August 5, 1975, agreement do not shed any light on this

question.

The incident is curious in that the only reference to it comes

in the memorandum of July 18, 1973, discussing a press report about

the activities of John D. Erlichman. Could you have someone look

into this matter for me?

The obvious questions are: What other

documents in FBI files say about the September 3, 1969, burglary?

What files of the Bureau or its Washington field office indicate

about how the conversation about the burglary took place?

NW 65994_Docld:32989799 Page 104

---

## Page 105

0-9 (REv.

574)

F BI

Transmit in

-——

(Type in plaintext or code)

Via.

Airtel

To:

SAC, Washington Field Office

FrOm:

Director, FBI (62-116395)

SENSTUDY 75

BUDED 1/30/76

(Precedence)

1/23/761

(This line for LEFT MARGIN.)

Enclosed is a self-explanatory letter from the

Attorney General dated 1/12/76.

Joseph Kraft, the subject of the inquiry, is the

well-known newspaper columnist and a Washington, D. C. resident

During the past year, information contained in FBI Headquarters

files relating to Kraft has been furnished to the U.S.

Senate Select Committee on Intelligence Activities (SSC)

pursuant to SSC requests.

Kraft and his attorneys have re-

viewed the material furnished to the SSC regarding him in

accordance with an agreement between Kraft and the Attorney

General, referred to in paragraph one of the enclosure.

As

noted in the enclosure, Kraft, as a result of a review of

information regarding the burglary of his residence on 9/3/69,

raised certain questions.

(Do not type BEYOND THIS MARGIN.)

WFO should furnish FBIHQ with Xeroxes of all serials

in its files which relate to the 9/3/69 burglary except WEO

airtel and letter to the Bureau dated 9/4/69 and 10/17/69,

respectively, captioned "UNSUB; Burglary of residence of

Joseph Kraft, 3021 N. Street N. W., Washington, D. C., Loss

of silverware, 9/3/69 in excess of $5,000.00 ITSP (00:WFO) "

Street a

file number 87-17564.

This material should of course include

any serials which would indicate the manner in which the

burglary was reported to WFO and how the conversation about the

burglary took place.

Enclosure

ech

(Do not type below this line.)

Ceal

Set 71-29-76

63-10244-22

SEAROHED..

JAN 2 - 1976

FB, - WASH. F. O.

Да

Handle -notto

NW 65994 Docld:32989799 Page 105

---

## Page 106

Airtel to Washington Field Office

Re: Senstudy 75

62-116395

In addition to the review of all files pertinent to

This matter must be given expeditious attention

and results submitted by airtel to reach Bureau by

c. o.b. 1/30/76.

- 2 -

NW 65994 Docld:32989799 Page 106

---

## Page 107

1/29/76

AIRTEL

TO:

DIRECTOR, FBI (62-116395) *

FROM:

SAG, WFO (62-10744)

SENSTUDY 75

BUDED 1/30/76

ReBu airtel to WrO dated 1/23/76.

Enclosed for the Bureau are the following serials

from WEO file 87-17564 entitled UNSUB; Burglary of Residence

of JOSEPH KRAFT, 3021 N St., N.W., Washington; D.C., Loss

of Silverware, 9/3/69, in Excess of $5,000, ITSP, 00: 1F0:

WEO memorandum of SA ANGELO J. LANO dated 9/22/69, Baltimore

letter to WEO dated 10/21/69, Alexandria letter to WO dated

10/22/69 and WEO memorandum of SA ANGELO J. LANO dated

12/5/69.

The above enclosures constitute all serials

requested by the Bureau in referenced airtel to WrO dated

1/23/76 regarding the burglary of the residence,of JOSEPH

KRAFT, 3021 N Street, N.W., Washington, D.C. on 9/3/69.

On 1/28/76 the papers published for 9/1/69 through

9/7/69 inclusive by the Washington Post and the Evening Star,

both local dailies of general circulation in the Washington,

D.C. area, where searched for an article regarding the KRAFT

burglary.

The search was conducted at the Library of Congress

periodical microfilm section with negative results.

2-Bureau (Enc. 4)

1-WrO

sin

Searched

risd

13-11«44-23

NW 65994 Docld:32989799 Page 107

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## Page 108

NR565 MA PLAIN

8:35PM URGENT 2/19/76 EMS

TO NEW YORK

WASHINGTON FIELD

FROM DIRECTOR

HOUSE COMMITTEE ON GOVERNMENT OPERATIONS

RE BUTELEPHONE CALLS TO NEW YORK OFFICE AND WASHINGTON

FIELD OFFICE THIS DATE.

THE BUREAU WAS SERVED WITH THREE SUBPOENAS AND THREE SUB-

POENAS DICES TECUM, FACSIMILES OF WHICH ARE PRING SENT TO YOU

TODAY. THEY REQUIRE SAS DAVID G. JENKINS (NY), WALTER C. ZINK

(NY), AND JOHN P. LOOMIS (WFO) TO TESTIFY BEFORE THE HOUSE

SUBCOMMITTEE ON GOVERNMENT INFORMATION AND INDIVIDUAL RIGHTS

AI 9:30 A. Mo, PEBRUARY 25, 1976, AND TO PRODUCE CERTAIN

DOCUMENTS TO THE SUSCONNITTEE ON OR BEFORE FEBRUARY 18, 1576.

THIS MATTER IS BEING COORDINATED WITH THE DEPARTMENT OF

JUSTICE.

IF THESE AGENTS DESIRE TO HAVE THE DEPARTMENT OBTAIN COUN

SEL TO REPRESENT THEM, THEY SHOULD SO ADVISE THE BUREAU, LEGAL

COUNSEL DIVISION.

SAS JENKINS, ZINK, AND LOOMIS SHOULD REPORT TO PCOIl 3659,

JER BUILDING, 9TH AND PENNSYLVANIA AVE, WASHINGION DENOU

FEB 10

B L

Gian

6210744-

NWV 65994 Docld:32989799 Page 108

---

## Page 109

PAGE TWO

THE MORNING OF FEBRUARY 24, 1976.

BRING THIS COMMUNICATION AND THE FACSIMILE COPIES OF THE

SUEPOENAS TO THE PERSONAL ATTENTION OF SAS JENKINS, ZINK,

AND LOOMIS.

EN

NW 65994 Docld:32989799 Page 109

---

## Page 110

NAOGO DA PLAIN

G: 35PAL URGE NY 2/10/76/EMS

TO MaIOR R

PRON WARSCTON

COOMITNEGRO A ROVEREMENT OPERATIONS

RE SUPELEPHO NO CALLS TO NEW YONG DESTOS ARD LASHINGTON

A SUCES DESECE THIS DATES

CORRAS DEGES DE CUND RACEIRO DES DO MUNICA ARE PELAS SONO PO XOS

OT 90301A0 00, FECGUARE 25, 1975) AND TO SOLUCEIGONTALA

O THE BUR SORMECTE CION BEFORE ECORLANY 184/0576

MEDO COSTUMADO ANO CLA DETNT MODO SUTRA SI CORIN STA.

00S70 CE+

COUNSCE DA VIOLONA

SAS JESSAS, DEMOS ANO LOOMLS SHOULD REPORT DO DOOM: 3559

to. 106

NW 65994 Docld:32989799 Page 110:

---

## Page 111

PARE TWO

THE MORNING OF FEBRUARY 24, 1976%

BRING THIS CONMUNICATION AND THE FACSIMILE COPIES OF THE

SUBPOCHAS TO THE PERSONAL ATTENTION OF SAS JOOKINS, 2INK,

AND LOonIS.

NW 65994 Docld:32989799 Page 111

---

## Page 112

76-91

74116

ORIGILAL

ET AUTHORITY OF ME ROUSE OF REPRESENTATIVES OF THE CONGRESS OF THE

UNITED STATES OF AMERICA

Robert S. Fink

You are hereby emmandod to rummons

John P. "Bucky" Loanis: Mashingten, Eteld

Office, federal Bureau of investigation, Washington: 0-Co: 20530

is be and appes: Before se

eras once Searcent Operations.

naittee of the House of Reposesshiv of the Lolled Sater of which the Hoe.

Bella Cutterug

A chaiman,

Do their chamber in the sity of Washingion, on February 25, 1976, and any adjourned

date or dates

was the hour diam

ten and then to testly touching matters of inquiry committed te said Cognittee; and be is

sos to depart vithout leave of said Committee.

Herein feil not, and male retam di this ournes

Witnese my hand and the seal of the House of Representatives

el the United States, at the city of Washington, this

195.76

fun hoote

13K00.

Ostra

Committee on Government Operations

Hade

---

## Page 113

ORIGINAL

Bubpena for

non ho suck osan

Fidere ilenin at Inves silension.

Mush noon De Cattan

Bufere tha Comittos on the Odie Phnent

Spara tion non ament totarmation. and

NW 65994 Docld:32989799 Page 113.

---

## Page 114

SCHEDALE

Any and ell records in his possession, under his docinion or

control, or wichin his, ezans to produce, concerning or relating to

the interception by, examination by, requests by or from, ar delivery

to on for any exployee or agent of any departuent, agency, bureau, or

other entity of the United States, since January I, 1947- ofe

(1) inforcation as to the existence, contents, substance, purpares

effect, meaming, senders or recipient of any interstate or forefgn

comunication by wires caûte, radio, carter frequency, en other aeans:

and

(B) Infonation as to users or customars of comunications concon

carriers; iecluding buc not linited to, Information as to the identity

of such users or custoners and the comunications line distribution

channel nusiers of such users or customers.

0A20:1326201

as used herein includes, but is not Timtted.to,

enne- rendere.

legati d"andarie aio "marina.

*The terri "records"

pritings, docurants, contracts, agreements, menoranda, reports,

correspondences lists, tables, receipts, minutes, and. electronic

13.d495.566.

de io, dito del deo degli no dierei con s

tridini scaricato ile%

Lacaneddo do dendo del dredo codei dendoi do.

adre perde, dirige ingeidond di italiai

ttid",es....

• осі , ні.

alled de Golo Gendel e E ditelli deluce rosetiti

an'io ingoiatis nei e.

turi de si salire!

irecards and recordings:

sieme torr

statae per patriene di donni Roidi.

e cadere e sono die deodoriand didorie

'"gian os.

i desso pesta gradocia:

115,10e legaglio di

..,....

NW 65994 Docld:32989799 Page 114

---

## Page 115

ED 1s iRon 161573

Tremes enabed by Fessite - FLAMITENT

FEB LO 876

TELE VPE

No LEANT

From

DURACTOR FEE

Ten 2-10-76

Mass Predates ,

086

a rege to

E3 Arters Cemenanton

Retached subpoena being sent in conjuction with teletype

250-16

SEATCHED =CE INDEXED

SERIALIZED LEONE FILED

FEB 10 8 32 PM °76

F0|- WASH. #0

l- NW 65994 Docld:32989799 Page 115

---

## Page 116

76-11

BY AUTHORITY OF THE HOUSE OF REFRESENTATTES OF THE CONCRESS OF THE

UNTED SLALDS OF AMERICA

To

Yon are beshy commanded to suesses - hauld &, denkins,. Esderal. Bureau.of.

Envestigation, 201 East 69th Streets Hot Vorite tea

H10021

Goverreant Infonation and indiraduat Rights

to be sad unpery before the

Subcosmittee of the Govertment Operations

Cassantee di the Flasse of Represcatabives of the Unied Sale, of chich the Her

Belta 5. Aszug

is shit cosmon in the city of Washington, on February 25. 1976, and, any adiourned.

date, or dates

a do the arm of eat ana

shes sad there to tely braching matter of incury casuitted to mid Commites; and be is

ml to depart sitions leave of sil Committes.

Hado 65 suh, and nade reties af this aises

Witnese my band and the seal of the House of Representatives

of the Unsited States, at the city of Westragton, Els

Ath dy d February

4 19-26

Ach toolin

Colantice on Government: Gperations

NW 65994-Docld:32989799 Page 116

---

## Page 117

Bolze the Corratta ne the Ackern

Auskaternist

повітасть

нудная

11452525558

Neuen +56b7384 555400

,.NW 65994 Docld:32989799 Page 117

---

## Page 118

• *.

SCHEDULE

Any and all recures" in his possession, under his desinion or

control, ur within his, caars to produce, concerning or relating to

nada

ana interception by, excmination by, requests by or frog, ar delivery

to or for any exployce or agent of any departzanes agency, burcau, on

other entity of the United States, since January 1, 1947, of

(1) inforcation as to the existence, contents, substance, purpart,

effect, canning, sendar, or reciplent of any interstate or foreign

cozinication dy wire, cable, radio, carrier frequencys an ether means;

and

(2) Inforcation as to users or customars of comunications coron

carriers, icaluding but not liniced to. information as to the identity

of such users or customers and the co-zunications line distribucion

channel nubars of such asers or custerars,

*The tani "mcords" as used herein fncludes, but is nac limited to.

writings, dacurents, contracts, agreements, renoranda, reports,

correspandences lists, tables,

hooards and recordings.

receipts, minutes, and electronic

65994-Đocld:32989799

age

---

## Page 119

76-10

ORIGIAL

BY AUTHORITY OF THE HOUSE OF REFRESENTATIVES OF THE CONGRESS OF THE

UNITED STATES OF AMERICA

Robert S. Finit

10

You are burete co

mossded to sammon:

Walter C. Zinik, Federal Bureau of

Investigation, 201 East, 69th Streets Hew York at Von 10021

Seriaent imomaton and individua ntigns

so be and appear before the

Subcosittee of. the Coverteent Operations

Cozenitice of the Horse of Repsesentatives of the United States, of which the Mon.

Bella S. Abaug

En theis chamber la le is Washington, on February 25. 1976, and any edjourned

date or daces

_ at the beez die 9:30 a 0.

abra nod there to todd kending satters of inquiry enmiftsd to said Caressittes; and he is

Est so depart viciout leave di said Cosemittee

Htrein fall ast, and mate resura of this summers

Winness my hand and the seal of the House of Representatives

of the laited States, at the city of Washington, this

February

19.76

are Anoler

Committee on Goverment Operatians

NW 65994 Docld 32989792 Bage: 19

---

## Page 120

ORIGINAL

Subment for Walter to Fink.

Eedemt.Butask.nt.Inverttetton

nol. Fist. 59th Straat

Nas YorkaN 10022

before the Consumitte on the hakernmentin

sperations. Governant Intanation and

##-444

NW 65994 Docld:32989799 Page 120

---

## Page 121

-76-18

IN AUTHORITE CE THE ROUSE OF REPRESENTATIVES UE THE CONGRESS OF THE

UNIRED STATES OF MAURICA

Bobert s, Firs

Miser En Siste Eceral Burcau of

Imestigation: 391 Cant 62Vn Sureats lot Forde 4-K.

10027

to le sal appa alone the -

Dalla Su ager

trin the ideas smacin

Ja, in Rain B

340523

zant inforcation and Inatvidual Rights

Ictes ot the Eoverwant Operations

ố, d mách the him.

siren; and to bring trith

in the schedule attached hereta and mada a pare

155E.13

109 L

to not biare ofes

co, ta er before Februars: 18x 1376.

70:00 a.M

sy such iters to said subcomittee, it such

see as tay be dasionated by its chalraman.

at sat so sin

The tay a

Fahrasy, 1905

JACK

Pier hote

ictee on Gorernment Operatians

65994 - Docld:32989799-Page 121

---

## Page 122

ORIGINAL

Subpenn for Walter Colink

Federal Burean or Invartisattan

.20l East 59th Strent

Most Locke NiV 10022

before the Committeo on the Gauecnnenta

NW 65994 Docld:32989799 Page.122

---

## Page 123

DIRECTOR, FBI

ATTN: LEGAI. COUNSEI. DIVISION

2/17/76

SAC, NFO (62-10744)

HOUSE COMMITTEE ON

GOVERNMENT OPERATIONS

Re Bureau teletype, 2/10/76.

Special Agent (SA) JOHN PAUL IOOMIS desires

Dapartment obtain counsel to

represent him during testimony

before House Subcommittee on Government Information and

Individual Rights, 2/25/76.

2 - Burcau

. - WEO

(3)

NW 65994 Docld:32989799 Page 123

---

## Page 124

tzL abed

662686ZE:Pp00 t6699 MN

goor

So a-51 92975.

Ae etu al da siet ars deo0 sse ss int

CUIIMAN ATTOILID LUCI SCO ON SI MaGNOSLO •ISUO

ISA GHI NO SONIHI GN HGSSEN GNH INN CHI MÜN OI SU MAILSI OI

NOGHOS UGINUN TH MOGHOGINON CTOI CH TOCHUSINON SIÁT

•9L6T "CÓ MOVIAGEE "AVUNIS NO "dU UNIA EH "UEEDA SIMOT LUMi

10 üiSInat DuIda dalaV unt SinaT Haln AvedS Ui Claren Nähn Girv

n MOST MCie CSCnen Ml En

SV NOSWIHSUA MI SINaT TVO OU WIN SNIMSU RiCNd GIHIVWOR

TI00 ENUdETEL d JanINOLO GUA aM LUHI GINS DUGHOOEON CHI

ÚN INGGONOO WIH GANSG CAU ACGHOUIAOK CETT00 Th BUVaA MiNn doa

XàchO GINON HLIM GHINITOOU ATTNOSaad Najo OuN DaiVE Dv

•SISdUEH SHI XaiSSud UV "dadaUdad daNIuvXa Ladiida

I "XaNHOELNON LE HLIN LOGOO TI NGE LANH OU UASUdanO SUM aN

•HSVO LSQNCH GHI TO WITCNVASIN SHI NO TIALININO NMI BG0 dãO

XATISEL GE HNOGHOS IEU OI ENIGE MELO CN LENINGOO NOSINO

M CN L TN G B MC TH U dd MNON

INduISad dUTHU SHi d0 GOchos t"9LoT "Eo Xaviodad io

sl Munisivas

duIDuGIu ,düad

GaTA NOLOKINST UL

N1Ü 9L/98/6 TaiIN Waly:T

MIrld vie rter

---

## Page 125

PAGE TWO

REGARD ME COULO TECTIFY TO, IHAI THE FRI MAS DOING A FINE JOB,

THAT HE, TOUTSONERY, DID MOI APPROVE OF THE WAY THE CHUPCH

COMMITTET HAD HAVDLED ITSELE IN THE PAST AID THAT THEY SHOUL?

GET OFF OF THE BACKE OF THE CIA AND THE FBI MU LET THEN GET 0!

TH THE O AD THEN MUNG MP.

TERRIBLE MAY TO ATTRIPT TO ETT TACTS. SAC DATES SUGGESTEN TO

M IT ME SA CAN N IT, HE CHU CAN MARTE

AN APTICLE FOR THE EXAMINED AS TO THE APPROACH MADE TO HIM BY

THE COMMITTE. MONTCY BETIFE SEUERAL MONTHS AED, BUT IS

STILL CLOST TO TUE BUATINED.

ABOVE REING SURMITTER FOR BURTANS INFORMATION.

EMIN

IS TRI UR CLA TKS

NW 65994 Docld:32989799 Page 125

---

## Page 126

Frank W.Waikart

67

8/0736

DE WO GA PLE

NRO14 MA PLAIN

2:32 PM 12-24-75 MAH

TO WASHINGTON FIFLO

FROM DIRECTOR (62-116464)

HOI!STUDY 75.

THE MORGE STLECT COMMITTET (HSC) HAS INDICATED DESIRE TO

MO"LADGE HE MAY POSSESS POATAINING TO THE BURFAU'S PURCHASING

RECORDING COYPANY. PERSONNEL FILE OF

MAIKART LISTS HIS LAST KNOWN HOME ADDRESS AS OF 1972 TO BE

•;

3715 MELTHAM STREET, SOUTYEAST, WASHINGTON, D.C. 29027.

MASHINGTON FIELD IS PEQUESTED TO CONTACT WAIKART AND ADVIS!

HIM OF AROVE-STAIED HSC INTENTION. HE SHOULD BE INSTRUCTED THAT WHEN

AND IF CONTACIER BY IYE HSC ME SHOULD, BEFORE SUBMITTING TO

INTERVIEW, TELEPUONICALLY CONTACT THE LEGAT COUNSEL DIVISION AT

BUREAU HEADQUARTERS TO SECURE RELEASE FROM HIS EMPLOYMENT

AGREEMENT AND TO ASCERTAIN PARAMETERS WITHIN WHICH INTERVIEW MAY

BE CONDUCTED. ADVISE HEADQUARTERE ONLY IF DIFFICULTY SHOULD

BE INCOUNTERED IN ESIABLISHING CONTACT WITH WATKART.

END

MMD

FBI HE CLR

62

=44916

DEG 24 2 32.1112

WaikanT in

62-10744-31

finitis

NW 65994 Docld:32989799 Page 126

---

## Page 127

Routing Slip

0-7 (Rev. 12-1'

TO: SAC:

Albany

Albuquerque

Alexandria

Anchorage

Atlanta

Baltinore

Birmingham

Boston

Buffalo

Butle

Charlotte

Chicago

Cincinnati

Cleveland

Columbia

Dallas

Denver

Detroit

El Paso

Honolulu

(Copies to Offices Checked)

Houston

Indianapolis

Jackson

Jacksonville

Kansas City

Knoxville

Las Vegas

Little Rock

Los Angeles

Louisville

Memphis

Miami

Milwaukee

Minneapolis

Mobile

Newark

New Haven

New Orleans

New York City

Norfolk

Oklahoma City

Omaha

Philadelphia

Phoenix •

Pittsburgh

Portland

Richmond

Sacramento

St. Louis

Salt Lake City

San Antonio

San Diego

San Francisco

San Juan

Savannah

Seattle ®

Springfield

Tampa

Washington Field

Quantico

TO LEGAT:

_

| Beirut

Bern

Bonn

Brasilia

Buenos Aires

Caracas

Hong Kong

London

Madrid

Manila

Mexico City

Ottawa

Paris

Rome

Singapore

Tel Aviv

Tokyo

12/30/75

RE: .

Date

'IRECTORS APPEARANCE BEFORE SENATE SELECT

COMMITTEE ON INTELLIGENCE ACTIVITIES,

DECEMBER 10, 1975

Retention

For appropriate

_ For information

_ optional

action

• Surep, by

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

sources, _ paraphrase contents.

Enclosed are corrected pages from report of SA

dated

Remarks:

conceal all

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

Enclosed for each Office and Legat is •

one copy of the transcript of questions which

vere asked Mr. Kelley during captioned appearance,

long with Mr. Kehley's answers to those questions.

Done Watt So

162-10744

SEARCHED.

_INDEXED.

SERIALIZED.

„FILED

B. 1) Sullivan

Bufile

Urfile

JAN

51976

FBi-Hurt. FIELN OFFIRE

NW 65994 Docld:32989799 Page 127

---

## Page 128

Vol. 20

Ole Wnited Statra Srnate

copy 5

Report of Proceedings

Hearing held before

Select Committee to Study Governmental Operations

With Respect to Intelligence Activities

INTELLIGENCE INVESTIGATION

Wednesday, December 10, 1975

Washington, D. C.

WARD & PAUL

410 FIRST STREET, S. E.

WASHINGTON, D. C. 20003

(202) 544-6000

NW 65994 Docld:32989799 Page 128

---

## Page 129

•

1

2

STATEMENT OF:

The Honorable Clarence M. Kelley,

Direcotor, Federal Bureau of Inve-

stigation

PAGE

4

5

6

2451

WARD & PAUL

9

10

11

1

2

3

14

15

16

17

18

19

20

21

22

23

24

25

NW 65994 Docld:32989799 Page 129

---

## Page 130

AHW / smnl

Phone (Aroa 202) 544-6000

2447

1

2

INTELLIGENCE INVESTIGATION

Wednesday, December 10, 1975

..-

WARD & PAUL

5

6

7

8

9

10

11

12

13

14

15

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

17

18

19

20

21

22

23

24

25

United States Senate,

Select Committee to Study Governmental

Operations with Respect to

Intelligence Activities,

Washington, D. C.

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

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

the honorable Frank Church (Chairman of the Committee)

presiding.

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

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

Mathias.

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

A. O. Schwarz, JI., Chief Counsel; Curtis R. Smothers, Minority

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

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

• Lombard, John Bayly, Charles Kirbow, Michael Madigan, Bob

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

Michael Epstein and Burt Wides, Professional Staff Members.

.

The Chairman. The Committee's

witness this morning is

NW 65994 Docld:32989799 Page 130

---

## Page 131

smn* 2

2448

1

2

3

4

5

6

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

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

Bureau of Investigation.

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

troubled time for the FBI. His experience as an innovative

law enforcement administrator in charge of the Kansas City

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

a Special Agent of the FBI have made him uniquely qualified

to lead the Bureau.

The Select Comnittee is grateful for the cooperation

extended by Director Kelley in the course of its inguiry over

the past months. The Committee is also impressed by the

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

their willingness to consider the need for legislation to

clarify the Bureau's intelligence responsibility.

It is important to remember from the outset that this

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

activities. Our hearings have concentrated on FBI domestic

intelligence operations. We have consistently expressed our

admiration and support for the Bureau's criminal investigative

and law enforcement work, and we recognize the vital importance

of counterespionage in the modern world. But domestic

intelligence has raised many difficult questions.

The Committee has also concentrated on the past rather

than on present FBI activities. The abuses brought to light

in our hearings occurred years and even decades before Director

NW 65994 Docld:32989799 Page 131

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## Page 132

-----

Phone (Arca 202) 544-6000

1

2

4

5

6

8

9

10

11

12

13

1.4

15

16

17

18

19

20

21

22

23

24

25

Kelley took charge.

The Staff has advised the Committee that under Director

Kelley the FBI has taken significant steps to rethink previous

policies and to establish new safeguards against abuse.. The

FBI is now placing greater emphasis on foreign related intelli-

gence operations, and less on purely domestic surveillance.

The FBI is working more closely with the Justice Department in

developing policies and standards for intelligence. These

are welcome developments.

Nevertheless, many important issues remain unresolved.

Therefore, we have invited Director Kelley to share with the

Committee his views on some of the considerations the Congress

should take into account in thinking about the future of

FBI intelligence. Among these issues are whether FBI surveil-

lance should extend beyond the investigation of persons

likely to commit specific crimes; whether there should be

outside supervision or approval before the FBI conducts certain

types of investigations or uses certain surveillance techniques;

whether foreign related intelligence activities should be

strictly separated from the FBI's domestic law enforcement

functions, and what should be done to the information already

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

the future.

The Committee looks forward to a constructive exchange

of views with Director Kelley this morning, with Attorney

NW 65994 Docld:32989799 Page 132

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## Page 133

smn 4

2450-

Phone (Area 202) 544-6000

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

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

Department in the next months as the Committee considers

recommendations that will strengthen the American people's

confidence in the Federal Bureau of Investigation. That

confidence is vital for the effective enforcement of Federal

law and for the security of the nation against foreign

espionage.

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

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

with, please proceed.

:

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

19

20

21

22

23

24

25

NW 65994 Docld:32949799 Page 133

---

## Page 134

:

smn 5

2451

Phono (Arca 202) 544-6000

2

3

4

5

6

STATEMENT OF THE HONORABLE CLARENCE M. KELLEY,

DIRECTOR, FEDERAL, BUREAU OF INVESTIGATION

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

gentlemen.

I welcome the interest which this Committee has shown in

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

gence and internal security fields.

I share your high regard for the rights guaranteed by the

Constitution and laws of the United States. Throughout my

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

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

of law enforcement that are themselves fully consistent with

law.

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I also have strongly supported the concept of legislative

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

the FBI and was being considered by the Senate Judiciary

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

that Committee of my firm belief in Congressional oversight.

This Committee has completed the most exhaustive study

of our intelligence and security operations that has ever been

undertaken by anyone outside the FBI other

than the present

Attorney General. At the outset, we pledged our fullest

cooperation and promised to be as candid and forthright as

possible in responding to your questions and complying with your

requests.

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I believe we have lived up to those promises.

The members and staff of this Committee have had unprece-

dented access to FBI information.

You have talked to the personnel who conduct security-type

investigations and who are personally involved in every facet

of our day-to-day intelligence operations.

You have attended numerous briefings by FBI officials who

have sought to familiarize the Committee and its staff with

all major areas of our activities and operations in the national

security and intelligence fields.

In brief, you have had firsthand examination of these

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

Congress.

As this Committee has stated, these hearings have, of

necessity, forcused largely on certain errors and abuses. I

credit this Committee for its forthright recognition that the

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

record of performance.

It is perhaps in the nature of such hearings to focus

on abuses to the exclusion of positive accomplishments of the

organization.

The Counterintelligence Programs which have received the

lion's share of public attention and critical comment constituted

an infinitesimal portion of our overall work.

A Justice Department Committee which was formed last year

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to conduct a thorough study of the FBI's Counterintelligence

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

3,247 Counterintelligence Programs were submitted to FBI

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

less than three fourths, were approved.

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

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

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

matters per year.

Nonetheless, the criticism which has been expressed

regarding the Counterintelligence Programs is most legitimate

and understandable.

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

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

did under the circumstances then existing would have been an

abdication of its responsibilities to the American people..

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

that the FBI employees involved in these programs did what they

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

the Congress, and the people of the United States.

Bomb explosions rocked public and private offices and

buildings; rioters led by revolutionary extremists laid seige

to military, industrial, and educational facilities; and,

killings, maimings, and other atrocities accompanied such

acts of violence from New England to California.

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

and children. As is the case in time of peril, whether real of

perceived, they looked to their Government, their elected and

appointed leadership, and to the FBI and other law enforcement

agencies to protect their lives, their property, and their

rights.

There were many calls for action from Members of Congress

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

law enforcement agencies were besieged by demands, impatient

demands, for immediate action.

FBI employees recognized the danger; felt they had a

responsibility to respond; and in good faith initiated actions

designed to counter conspiratorial efforts of self-proclaimed

revolutionary groups, and to neutralize violent activities.

In the development and execution of these programs,

mistakes of judgment admittedly were made.

Our concern over whatever abuses occurred in the Counter-

intelligence Programs, and there were some substantial ones,

should not obscure the underlying purpose of those programs.

We must recognize that situations have occurred in the

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

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

case, as an investigative

and intelligence-gathering

agency, and take affirmative steps which are needed to meet

an imminent threat to human life or property.

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

out now, can we truly meet our responsibilities by investigating

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

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

a strong sense of urgency because of an imminent threat to

human life.

Where there exists the potential to penetrate and disrupt,

the Congress must consider the question of whether or not such

preventive action should be available to the FBI.

These matters are currently being addressed by a task

force in the Justice Department, including the FBI,

and I am confident that Departmental guidelines and controls can

be developed in cooperation with pertinent Committees of Congress

to insure that such measures are used in an entirely responsible

manner.

Probably the most important. question here today is what

assurances I can give that the errors and abuses which arose

under the Counterintelligence Programs will not occur again?

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

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

methods of operations since I took the oath of office as

Director on July 9, 1973.

Today we place a high premium on openness, openness

both within and without the service.

I have instituted a program of open, frank discussion

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in the decision-making process which insures that no future

program or major policy decision will ever be adopted without a

full and critical review of its propriety.

Participatory management has become a fact in the FBI.

I have made it known throughout our Headquarters and

Field Divisions that I welcome all employees, regardless of

position or degree of experience, to contribute their thoughts

and suggestions, and to voice whatever criticisms or

reservations they may have concerning any area of our operations.

The ultimate decisions in the Bureau are mine, and I take

full responsibility for them. My goal is to achieve maximum

critical analysis among our personnel without in any manner

weakening or undermining our basic command structure.

The results of this program have been most beneficial, to

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

the morale of our employees.

In addition, since some of the mistakes of the past

were occasioned by direct orders from higher authorities outside

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

guidance, counsel, and his continuous availability, in his

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

Within days after taking office, Attorney General Levi

instructed that I immediately report to him any requests

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

considering the context of the request, I believed presented

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the appearances of impropriety.

I am pleased to report to this Committee as I have to the

Attorney General that during my nearly two and one half years as

Director under two Presidents and three Attorneys General, no

one has approached me or made overtures, directly or otherwise,

to use the FBI for partisan political or other improper

purposes.

I can assure you that I would not for a moment consider

honoring any such request.

I can assure you, too, in my administration of the FBI

I routinely bring to the attention of the Attorney General and

the Deputy Attorney General major policy questions, including

those which arise in my continuing review of our operations and

practices. These are discussed openly and candidly in order

that the Attorney General can exercise his responsibilities

over the FBI.

I am convinced that the basic structure of the. FBI today

is sound. But it would be a mistake to think that integrity

can be assured only through institutional means..

Integrity is a human quality. It depends upon the

character of the person who occupies the office of the

Director and every member of the FBI under him.

I am proud of the 19,000 men and women with whom it is

my honor to serve today. Their dedication, their professionalism,

their standards, and the self-discipline which they personally

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demand of themselves and expect of their associates are the

nation's ultimate assurance of proper and responsible conduct

at all times by the FBI.

The Congress and the members of this Committee in

particular have gained a great insight into the problems

confronting the FBI in the security and intelligence fields,

problems which all too often we have left to resolve without

sufficient guidance from the Executive Branch or the Congress

itself.

As in all human endeavors, errors of judgment have been

made. But no one who is looking for the cause of our

failures should confine his search solely to the FBI, or even

to the Executive Branch.

The Congress itself has long possessed the mechanism for

FBI oversight; yet, seldom has it been exercised.

An initial step was taken in the Senate in 1973 when the

Committee on the Judiciary established a Subcommittee on FBI

Oversight. Hearings had been commenced, and we were fully

committed to maximum participation with the members of that

Subcommittee.

I laud their efforts. However, those efforts are of very

recent origin in terms of the FBI's history.

One of the greatest benefits of the study this Committee

has made is the expert knowledge you have gained of the complex

problems confronting the FBI. But I respectfully submit that

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those benefits are wasted if they do not lead to the next step,

a step that I believe is absolutely essential, a legislative

charter, expressing Congressional determination of intelligence

jurisdiction for the FBI.

Action to resolve the problems confronting us in the

security and intelligence fields is urgently needed; and it

must be undertaken in a forthright manner. Neither the Congress

nor the public can afford to look the other way, leaving it to

the FBI to do what must be done, as too often has occurred in

the past.

This means too that Congress must assume a continuing role

not in the initial decision-making process but in the review of

our performance.

I would caution against a too-ready reliance upon the

courts to do our tough thinking for us. Some proposals that

have been advanced during these hearings would extend the role

of the courts into the early stages of the investigative

process and, thereby, would take over what historically have

been Executive Branch decisions.

I frankly feel that such a trend, if unchecked, would

seriously undermine the independence of the Judiciary and cast

them in a role not contemplated by the authors of our

Constitution. Judicial review cannot be a substitute for Con-

gressional oversight of Executive decision.

The FBI urgently needs a clear and workable determination

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of our jurisdiction in the intelligence field, a jurisdictional

statement that the Congress finds to be responsive to both

the will and the needs of the American people.

Senators, first and foremost, I am a police officer, a

career police officer. In my police experience, the must

frustrating of all problems that I have discovered facing

law enforcement in this country, Federal, state, and local, is

when demands are made of them to perform their traditional

role as protector of life and property without clear and

understandable legal bases to do so.

I recognize that the formulation of such a legislative

charter will be a most precise and demanding task.

It must be sufficiently flexible that it does not stifle

the FBI's effectiveness in combating the growing incidence

of crime and violence across the United States. That charter

must clearly address the demonstrated problems of the past;

yet, it must amply recognize the fact that times change and

so also do the nature and thrust of our criminal and subversive

challenges.

The fact that the Department of Justice has commenced

the formulation of operational guidelines governing our

intelligence activities does not in any manner diminish the need

for legislation. The responsibility for conferring juris-

diction resides with the Congress.

In this regard, I am troubled by some proposals which

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question the need for intelligence gathering,

suggesting that

information needed for the prevention of violence can be

acquired in the normal course of criminal investigations.

As a practical matter, the line between intelligence

work and regular criminal investigations is often difficult

to describe. What begins as an intelligence investigation may

well end in arrest and prosecution of the subject. But there

are some fundamental differences between these investigations

that should be recognized, differences in scope, in objective

and in the time of initiation. In the usual criminal case, a

crime has occurred and it remains only for the Government to

identify the perpetrator and to collect sufficient evidence

for prosecution. Since the investigation normally follows

the elements of the crime, the scope of the inquiry is

limited and fairly well defined.

By contrast, intelligence work involves the gathering of

information, not necessarily evidence. The purpose may well be

not to prosecute, but to thwart crime or to insure that the

Government has enough information to meet any future crisis

or emergency. The inquiry is necessarily broad because it

must tell us not only the nature of the threat, but also whether

the threat is imminent, the persons involved, and the

means by which the threat will be carried out. The ability

of the Government to prevent criminal acts is dependent on

our anticipation of those criminal acts. Anticipation,

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in turn, is dependent on advance information, that is, intelli-

gence.

Certainly, reasonable people can differ on these issues.

Given the opportunity, I am confident that the continuing need

for intelligence work can be documented to the full satisfaction

of the Congress. We recognize that what is at stake here is not

the interests of the FBI, but rather the interests of every

citizen of this country. We recognize also that the resolution

of these matters will demand extensive and thoughtful

deliberation by the Congress. To this end, I pledge the

complete cooperation of the Bureau with this Committee or

its successors in this important task.

In any event, you have my unqualified assurance as

Director that we will carry out both the letter and the spirit

of such legislation as the Congress may enact.

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That is the substance of my prepared statement.

I would also like to say extemporaneously that I note

that on this panel are some gentlemen who were on the Judiciary

Committee which heard my testimony at the time I was presented

to them for candidacy as Director of the FBI. At that time

I took very seriously the charge which may possibly result

in the deliberation of this Committee and of the full Senate.

I have been well aware of the problems of the FBI since that

time. I have also been well aware of the capabilities of

the FBI to discharge those responsibilities. I don't take

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them lightly. I am of sufficient experience and age that I

have pledged myself to do what is good and proper. I say this

not as a self-serving statement but in order that we might

place in context my position within the FBI. I could seek

sanctuary and perhaps a safe sanctuary by saying during the

period these things occurred I was with the local police

department in Kansas City, Missouri. Prior to that time,

however, I was in the FBI.

During the time I was with the FBI, during the time I

was with the police department, I continued throughout that

period a close acquaintance with and a strong affection for

the FBI.

I only want to point out that based on those years, based

on those observations, we have here a very fine and very

sensitive and a very capable organization. I feel that there

is much that can still be done. I know that we are not without

fault. I know that from those experiences I have had. We

will not be completely without fault in the future. But I

assure you that we look upon this inquiry, we look upon any

mandate which you may feel you have, that you should look at

-

this is good and proper, and we do not intend -- I only want

to place in your thinking the fact that you have here a

matchless organization, one which I continue to say was

not motivated in some of these instances, and in most of

them, and I cannot justify some, that the motivation was

of the

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best. I am not pleading, as does a defense attorney. I am

only putting in your thinking my objective observations as

a citizen who is somewhat concerned about the future of this

organization. It is too precious for us to have it in

a condition of jeopardy.

Thank you very much.

The Chairman. Thank you, Director Kelley.

I want to turn first to Senator Hart who won't be able

to remain through the whole morning. I think he has one

question he would like to ask.

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Senator Hart of Michigan. Thank you, Mr. Chairman.

Senator Mathias and I have Judiciary Committee hearings at 10:30.

Iahve several questions, and I'm sure they'll be

covered by others, but the ones that I have is a result of

reading your testimony and listening to it this morning, and

it relates to your comment at the foot of page 10 and at the

top of 11.

There you are indicating that you caution us about

extending the court's role in the early stages of investigations

suggesting that this might take us beyound the role comtemplated

for the courts under the Constutution.

Now as you have said, aside from the so-called national

security wiretap problem, the main focus of our discussions

and concern has been on the possibility requiring court

approval for the use of informants, informants directed to

penetrate and report on some group.

And one of the witnesses yesterday, Professor Dorsen,

pointed our that really those informants are the most pervasive

type of an eavesdropping device. It is a human device. It's

really, an informant is really more intrusive on my privacy

than a bug or a tap because he can follow me anywhere. He

can ask me questions to get information the government would

like to have.

Now we certainly involve the courts in approval of the

wiretaps for physical searches with the intent of the drafters

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of the Constitution to have a neutral third party magistrate

screen use of certain investigative techniques. And the

informant is such a technique. He functions sort of like a

general warrant, and I don't see why requiring court approval

would violate the role envisaged for the courts.

And as I leave, I would like to get your reactions to

my feelings.

Mr. Kelley. I do not feel that there is any use of the

informant in intrusion, which is to this extent objectionable.

It has of course been approved, the concept of the informant,

by numerous court decisions.

Let us go down not to the moral connotation of the use

of the informant.

I think, as in many cases, that is a matter of balance.

You have only very few ways of solving crimes. You have

basically in the use of the informant, I think, the protection

of the right of the victim to be victimized. You have within

the Constitution certain grants that are under ordinary

circumstances abrogation of rights. The right of search and

seizure, which, of course, can't be unreasonable, but none-

theless, you have the right.

I think that were we to lose the right of the informant,

we would lose to a great measure our capability of doing our

job.

Now I'm not arguing with you, senator, that it is not an

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unusual procedure. I'm not even going to say that it is not

an intrusion, because it is. But it has to be one. I think

that is by virtue of the benefits must be counted.

We don't like to use it. We don't like the problems that

are attendant. We take great care.

Now you say about the court having possibility taking

jurisdiction over them and guiding. I think that possibly we

could present the matter to the court but what are they going

to do insofar as monitoring their effort? Are they going to

have to follow it all the way through?

Also, there is, of course, urgency in the other contacts.

Must the court be contacted for each and approval of the court

given for each contact?

There are a great many problems insofar as administration

of it.

I frankly feel, and again, all I can do is give you my

idea -- I frankly feel that there is a satisfactory control over

the informants as we now exercise it today. Yes, there are

going to be some who will get beyond our control, but this

is going to happen no matter what you do.

Senator Hart of Michigan. Well, I appreciate your

reaction.

I was not suggesting that there is consideration here to

prohibit informants. I was reflecting a view that I felt and

hold that the use of an informant does require some balance, as

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you yourself said, and I would be more comfortable with a

third party making a judgment as to whether the intrusion is

warranted by the particular circumstance. But I do understand

your position.

Thank you, Mr. Chairman.

The Chairman. Thank you, Senator Hart.

(Senator Hart leaves the hearing room.)

The Chairman. Senator Baker, do you have questions?

Senator Baker. Mr. Chairman, thank you very much.

Mr. Kelley, I have a great respect for you and your

organization and I personally regret that the organization is

in political distress, but we've both got to recognize that

it is, along with other agencies and departments of the

government.

I think you probably would agree with me that even though

that is extraordinarily unpleasant and in many respects

unfortunate, that it also has a plus side. That is, it gives

us an indication of our future direction and the opportunity,

at least, to improve the level of competency and service of

the government itself.

With that hopeful note, would you be agreeable then to

volunteering for me any suggestions you have on how to improve

the responsiveness of the Federal Bureau of Investigation, or

indeed, for any other law enforcement agencies of the government,

to the Congress, to the Attorney General, to the President, and

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beyond that, would you give me any suggestions you have on

how you would provide the methods, the access, the documents,

the records, the authority, for the Congress to perform its

essential, I believe, essential oversight responsibility to

see that these functions, these delicate functions are being

undertaken properly?

And before you answer, let me tell you two or three things

I am concerned about.

It hasn't been long ago that the FBI Director was not

even confirmed by the Senate of the United States. I believe

you are the first one to be confirmed by the Senate of the

United States. I think that is a movement in the right

direction. I think the FBI has taken on a stature that, an

additional importance that requires it to have closer supervision

and scrutiny by us.

At the same time I rather doubt that we can become

involved in the daily relationship between you and the Attorney!

General.

Therefore, I tend to believe that the Attorney General

needs to be more directly involved in the operations of the

FBI.

I would appreciate any comments on that.

Second, I rather believe that major decisions of the

intelligence community and the FBI ought to be in writing, so

that the Congress can, if it needs to in the future, take a

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look at these decisions and the process by which they were

made to decide that you are of you are not performing your

services diligently.

I don't think you can have oversight unless you have

access to records, and in many cases records don't exist

and in some cases the people who made those decisions are now

departed and in other cases you have conflicts.

How would you suggest then that you improve the quality

of service of your agency? How would you propose that you

increase the opportunity for oversight of the Congress of the

• United States? What other suggestions do you have for improving

the level of law enforcement in the essential activity that

is required?

Mx. Kelley. I would possibly be repetitious in answering

this Senator, but I get a great deal of pleasure from telling

what I think is necessary and what I hope that I have followed,

one which is beyond my control, but which I think is very

important is that the position of Director, the one to which

great attention should be paid in choosing the man who will

properly acquit himself.

I feel that the Judiciary Committee, at least in going

over me, did a pretty good job. I feel that it is most

necessary that care be taken that his philosophy, his means

of management, his facility to adapt to change, his tendency

toward consulting with other members of the official family,

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!

that he be willing to, for example, go through oversight with

no reticence, and that I think that he should be chosen very

carefully.

I think further that he should be responsible for those

matters which indicate

impropriety or illegality.

Senator Baker. Could you stop for just a second? Who

does he work for? Does the Director, in your view, work for

the President of the United States, for the Attorney General,

for the Justice Department, for

the Executive Branch?

Who does the executive of the FBI, the Director of the

FBI, be responsible to, who should he be responsible to?

Mr. Kelley. Jurisdictionally, to the Attorney General,

but I think this is such an important field of influence that

it is not at all unlikely that we can expand it to the

judiciary, the legislative, and of course, we are under the

Attorney General.

Senator Baker. Do you have any problems with the idea

of the President of the United States calling the Director of

the FBI and asking for performance of a particular task?

Does that give you any difficulty? Or do you think that

the relationship between the FBI Director and the President

is such that that is desirable, or should it be conduited

through the Ittorney General?

Mr. Kelley. I think it should be in the great majority

of the cases conduited through the Attorney General. There

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has been traditionally some acceptance of the fact that if

the President wants to see and talk with the Director, he

may do so, call him directly.

It has been my practice in such an event to thereafter

report to the Attorney General, whoever it might be, that I

have been called over and I discussed and was told. And this

was revealed in full to them.

Senator Baker. I suppose we could pass a statute that

says the President has to go

through the Attorney General,

although I rather suspect it would be a little presumptuous.

But to go the next step, do you think it is necessary

for the pursuit of effective oversight on the part of the

Congress, to have some sort of document written, or at least

some sort of account of a Presidential order or an order of

the Attorney General given to a Director of the FBI?

Do you think that these things need to be handled in

a more formal way?

Mr. Kelley. Personally, it would be my practice in

the event I receive such an order, to request that it be

documented. This is a protection as well as a clarification

as to whether or not it should be placed as part of legislation.

I frankly would like to reserve that for some more considera-

tion.

I don't know whether it would be, but I think that it

can be worked very easily.

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Senator Baker. MIr. Kelley, Attorney General Levi, I

believe, has already established some sort of agency or

function within the Department that is serving as the equivalent,

I suppose, of an Inspector General of the Justice Department,

including the FBI.

Are you familiar with the steps that Mr. Levi has

taken in that respect?

I think he calls it the Office of

Professional Responsibility.

Mr. Kelley. Yes, sir, I'm familiar with it.

Senator Baker.

Do you have any comment on that? Will

you give us any observations as to whether you think that

will be useful, helpful, or whether it will not be useful or

helpful, how it affects the FBI, how you visualize your

relationship to it in the future?

Mr. Kelley. I don't object to this, which is to some

extent an oversight within the Department of Justice under the

Attorney General.

Frankly, it just came out. I have not considered it

completely, but to the general concept, yes, I very definitely

subscribe.

Senator Baker. How would you feel about extending that

concept of government-wide operation, a national Inspector

General who is involved with an oversight of all of the

agencies of government as they interface with the Constitutionally

protected rights of the individual citizen? Would you care

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to comment on that, or would you rather save that for a while?

Mr. Kelley. I would like to reserve that one.

Senator Baker. I'm not surprised. Would you think about

it and let us know what you think about it?

Mr. Kelley. I will..

Senator Baker. All right.

Mr. Chairman, thank you very

much.

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The Chairman. Senator Huddleston.

, Senator Huddleston. Thank you, Mr. Chairman.

Mr. Kelley, you describe on page 4 the conditions that

existed when much of the abuse that we have talked about during

this inquiry occurred, indicating that the people within the

Bureau felt like they were doing what was expected of them

by the President, by the Attorney General, the Congress and

the people of the United States.

Does not this suggest that there has been a reaction

there to prevailing attitudes that might have existed in the

country because of certain circumstances rather than any

clear and specific direct instructions that might have been

received from proper authorities? And if that is the case,

is it possible in developing this charter, this guideline,

to provide for that kind of specific instruction?

Mr. Kelley. I think so, yes. I think that they can

logically be incorporated and that --

Senator Huddleston. You can see there would be a continuing

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danger if any agency is left to simply react to whatever the

attitudes may be.at a specific time in this country because

Mr. Kelley. Senator, I don't contemplate it might be

a continuing danger, but it certainly would be. a very acceptable

guidepost whereby we can, in the event such a need seems

to arise, know what we can do.

Senator Huddleston. Well, in pursuing the area which

Senator Hart was discussing, that is whether or not we can

provide sufficient guidelines would replace a decision by the

court in determining what action might be proper and specific -

ally in protecting individual's rights, can't we also

provide the restrictions and guidelines and the various

techniques that might be used?

For instance, supposing we do establish the fact, as

has already been done, that informants are necessary and

desirable. How do we keep that informant operating within the

proper limits so that he in fact is not violating individual

rights?

Mr. Kelley. Well, of course, much of the reliance must

be placed on the agent and the supervision of the FBI to assure

that there is no infringement of rights.

Senator Huddleston. But this is an aware we've gotten

into some difficulty in the past. We have assumed that the

particular action was necessary, that there was a present

threat that some intelligence programs should be initiated, but

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in many cases it has gone beyond what would appear to have been

necessary to have addressed the original threat.

How do we keep within the proper balance there?

Mr. Kelley. Well, actually, it's just about like any

other offense. It is an invasion of the other individual's

right and it is by an officer and an FBI agent is an officer.

There's the possibility of criminal prosecution against him.

This is one which I think might flow if he counsels

the informant.

Now insofar as his inability to control the informant,

I don't suppose that would warrant prosecution, but there is

still supervisory control over that agent and over that

informant by insisting that control is exercised on a continuing

basis.

Senator Huddleston. It brings up an interesting point

as to whether or not a law enforcement agency ought to be

very alert to any law violations of its own members or anyone

else.

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If a White House official asks the FBI or someone to do

something unlawful, the question seems to me to occur as to

whether or not that is not a violation that should be reported

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by the FBI.

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Mr. Kelley. I think that any violation which comes to

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our attention should either be handled by us or the proper

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Senator Huddleston. But that hasn't been the case in the

past.

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Mr. Kelley. Hell, I don't know what you're referring

to but I would think your statement is proper.

Senator Huddleston. Well, we certainly have evidence

of unlavful activity taking place in various projects that

have been undertaken, which certainly were not brought to

light willingly by the FBI or by other law enforcement agencies!

The question that I'm really concerned about is as

we attempt to draw a guideline and charters that would give

the Agency the best flexibility that they may need, a wide

range of threats, how do we control what happens within each

of those actions to keep them from going beyond what

was intended to begin with?

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Mr. Kelley. You're still speaking of informants.

Senator Huddleston. Not only informants but the agents

themselves as they go into surveillance, wiretaps, or whatever

intelligence gathering techniques.

The original thrust of my question was, even though we

may be able to provide guidelines of a broad nature, how do

we control the techniques that might be used, that int themselves

might be used, that in themselves might be a serious violation

of the rights.

Mr. Kelley. Well, first, I don't know whether it's

germane to your question but I do feel that it should be pointed

out that the association to, the relationship between the

informant and his agent handler is a very confidential one,

and I doubt very seriously whether we could have any guide-

lines, where there might be an extension of any monitors here

because thereby you do have a destruction of that relationship.

Insofar as the activities of agents, informants or others

which may be illegal, we have on many occasions learned of

violations of the law on the part of informants, and either

prosecuted ourselves, through the reporting of it to the

United States Attorney, or turned it over to the local authority.

We have done this on many a time, many occasions. Insofar

as our own personnel, we have an internal organization, the

Inspection Division, which reviews this type of activity, and

if there be any violation, yes, no question about it, we would

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pursue it to the point of prosecution.

Senator Huddleston. But it could be helped by periodic

review.

Mr. Kelley. We do, on an annual basis, review the

activities of our 59 offices through that same Inspection

Division, and they have a clear charge to go over this as well

as other matters.

Senator Huddleston. Mr. Kelley, you pointed. out the

difference in the approaches when gathering intelligence, in

gathering evidence after a crime has been committed.

Would there be any advantage, or would it be feasible to

attempt to separate these functions within the Agency, in the

departments, for instance, with not having a nixing of

gathering intelligence and gathering evidence? Are the techniques

definable and different?:

Mr. Kelley. Senator, I think they are compatible. I

see no objection to the way that they are now being handled

on a management basis. I think, as a matter of fatt, it is

a very fine association whereby the intelligence, stemming as

it does from a substantive violation, is a natural complement.

Senator Huddleston. Now, another area, the FBI furnishes

information to numerous government agencies.

Is this properly restricted and controlled at the present

time in your judgment as to just who can ask the FBI for

information, what kind of information they can ask for, and

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who might also be inclined to call the Director and ask him

to do specific things?

Could there be some clearcut understanding as to whether

or not the Director would be obligated to undertake any such

project, that just anybody at the White House might suggest?

Mr. Kelley. It's very clear to me that any request must

come from Mr. Buchen's office, and that it be, in any case,

wherein it is a request for action, that it be followed with

a letter so requesting.

This has come up before during the Watergate hearings, as

I think it has been placed very vividly in our minds, in

take care that you just don't follow the request of some .

underling who does not truly reflect the desire of the President.

Senator Huddleston. Just one more question about

techniques, aside from the guidelines of authority on broad

projects undertaken.

Would it be feasible from time to time in a Congressional

oversight committee, would be able to discuss with the Department,

with the Bureau various techniques so that they could have

some input as to whether or not these actions are consistent

with the overall guidelines, to start with, and consistent

with the very protections?

Mr. Kelley. Senator, I have already said.to.the

oversight committee of the Senate that so far as I can now

see, the only thing that would be withheld is the identity of

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probably even more importantly, what restrictions can be put

on the use of that information once it has been supplied by

the FBI?

Mr. Kelley. I think so, Senator.

Senator Huddleston. You think there are proper restrictions

now?

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Mr. Kelley. I don't know that we can ourselves judge

in all cases whether or not there is good and sufficient reason

for an Agency to inquiry. I think that there should be a

very close delineation by the agencies as to what they're

going to ask for, but I think that we do have sufficient rules

that at least to us we are satisfied.

Senator Huddleston. You're confident that the information

your agency supplies is not being misused, to the detriment

of the rights of any individuals.

Mr. Kelley. Senator, I'm only confident in what I

do myself. I would say that I am satisfied.

Senator Huddleston. I was wondering whether some

inclusion ought to be made in whatever charter is made as to

who specifically can request, what limits ought to be placed

on what the request, and what they can do with it after they

get it.

Mr. Kelley. Yes.

Senator Huddleston. I have some concern about the fact

that in intelligence gathering, you gather, you are just

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too.

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bound to gather a great deal of information about some

individual that is useless as far as the intent of the intelli-

gence gathering is concerned, but might be in some way embarras-

sing or harmful to the individual, whether or not there's any

effort to separate this kind of information out of a person's

file that is really initiated for a purpose, for a specific

purpose unrelated to this information.

Is there any effort, or could any direction be given to

đoing that?

Mr. Kelley. We would be very happy to work under the

guidelines or rules or anything else to purge material which

is extraneous, irrelevant, or for any other reason objection-

able.

Senator Huddleston. And how about the length of time

that these files are kept in the agency?

Mr. Kelley. We are willing to work within that framework,

Senator Huddleston. I think that might be done.

Now, I think in developing the chain of command, so to

speak, it certainly would be very difficult to prevent the

President of the United States from calling up the head of

the FBI or anyone else and discussing any law enforcement

problem he might so desire, and perhaps even give direction

to the agency.

But how about that? What about white House personnel

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informants. We'll discuss techniques, we'll discuss our

present activities. I think this is the only way that we can

exchange our opinions and get accomplished what you want to

accomplish and what I want to accomplish.

Senator Huddleston. I feel that is an important aspect

of it because even though you have a charter which gives broad

direction for all the guidelines and to the types of projects

that enter into it, if we don't get down to specifics, such

things as how intelligence is to be collected, how evidence

is to be collected, what is done after it is collected, this

type of thing, it seems to me we are leaving a wide gap

again for the Bureau to assume that it has total instruction

and total permission to move in a certain direction and go

beyond what is intended or what was authorized.

Thank you, Mr. Chairman, and Mr. Director.

The Chairman. Senator Goldwater?

Senator Goldwater. Mr. Kelley, as part of the FBI

electronic surveillance of DI. King, several tapes of

specific conversations, and later a composite King tape were

produced.

Are these tapes still in the possession of the FBI?

Mr. Kelley. Yes, sir.

Senator Goldwater. Have they been reviewed by you?

MI. Kelley. No, sir.

Senator Goldwater.

Have they been reviewed by any of your

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staff, to your knowledge?

Mr. Kelley. Senator, I think that they have been reviewed.

I know that at least some have reviewed it within the area of

this particular section. There has been no review of them

since I came to the FBI, I can tell you that.

Senator Goldwater. Would these tapes be available to

the Committee if the Committee felt they would like to hear

them?

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Mr. Kelley. This, Senator Goldwater, is a matter which is

of, as I said before, some delicacy, and there would have to

be a discussion of this in an executive session.

The Chairman. I might say in that connection that the

Committee staff gave some consideration to this matter and •

decided that it would compound the original error for the

staff to review the tapes, because that would be a still

further invasion of privacy, and so the staff refrained from

insisting on obtaining the tapes, believing that it was

unnecessary, and quite possibly improper, in order to get at

what. we needed to know about the king case.

So the staff did refrain, and for that reason the issue

never came to a head. I just wanted to lay that information

before the Senator.

Senator Goldwater. I realize that's a prerogative of

the staff, but it's also the prerogative of the Committee if,

and I'm not advocating it, if we wanted to hear them to

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ourselves whether Mr. Hoover was off on a wild goose chase

or whether there was, in effect, some reason. Again, I am

not advocating it, I am merely asking a question. They would

be available if the Committee took a vote to hear them and

decided on it.

Mr. Kelley. I don't think it would be within my juris-

diction to respond to this, Senator. It would have to be the

Attorney General.

Senator Goldwater. I see.

Now, are these tapes and other products of surveillance

routinely retained even after an individual ceased to be a

target of inquiry?

Mr. Kelley. They are retained usually for ten years.

Senator Goldwater. Ten years.

Mr. Kelley. Yes, sir.

Senator Goldwater. What is the future value, if any,

to the Bureau of retaining such information?

Mr. Kelley. If there be guidelines that set out a

destruction or erasure, we will abide by it. We will, on those

occasions where we think that matters might come up within

that period of time which may need the retention of them, we

will express our opinion at that time, but other than that

we would be guided by guidelines.

Senator Goldwater. Is it your view that legitimate

law enforcement needs should outweigh privacy considerations

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with respect to retention of such information, or do we need

the clear guidelines on the destruction of these materials

when the investigation purposes for which they were collected

have been served?

Mr. Kelley. We feel that there should be a good close

look at the retention of material, and we would of course like

to have an input. But we welcome consideration of this.

Senator Goldwater. That is all I have, Mr. Chairman.

Thank

you very much.

The Chairman. Thank you, Senator.

Senator Mondale?

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

most crucial question before the Congress is to accept the

invitation of the FBI to draw Congressionally imposed lines,

limits of authority so the FBI will know clearly what you can

and cannot do, so you will not be subject to later judgments,

and the question is, where should that line be drawn?

As you know, in 1924 when the FBI was created, and

Mr. Stone later became the Chief Justice, he drew the line at

criminal law enforcement. He said that never again will we

go beyond the authority imposed upon us to get into political

ideas. We will stay in the area of law enforcement.

Would you not think it makes a good deal of sense to

draw the guidelines in a way that your activities are

restricted to the enforcement of the law, investigations of

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crime, investigations of conspiracies to commit crime rather

than to leave this very difficult to define and control area

of political ideas?

Mr. Kelley. I don't know whether I understand your last

statement of involving the area of political ideas. I say that

I feel that certainly we should be vested and should continue

in the field of criminal investigations as an investigatory

objective. These are conclusions, of course, which are based

on statutes in the so-called

security field, national or

foreign.

These are criminal violations. I feel that they should

be in tandem. I feel, having worked many years in this

atmosphere, that you have more ears and eyes and you have

more personnel working together, covering the same fields..

I do not think there should be a separation of the intelligence

matters, because it is a concomitant. It naturally flows

from the investigation of the security matters and the

criminal.

Senator Mondale. MI: Kelley, what Mr: Stone said was

this, that the Bureau of investigation is not concerned

with political oi other opinions of individuals. It is

concerned only with such conduct as is forbidden by the laws

of the United States.

When the police system goes beyond

these limits, it is dangerous to proper administration of

justice and human liberty.

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Do you object to that definition?

Mr. Kelley. I think that life has become much more

sophisticated and we have added to the so-called policeman's

area of concern some matters which were probably not as important

at that time. I think that the fact that the FBI has been in

touch with the security investigations and the gathering of

intelligence is something which has proved to be at times

troublesome and given us great concern, but it is a viable,

productive procedure.

I don't know what Mr. Stone was thinking of entirely

of this course, but I can tell you about the procedure today:

Senator Mondale. You see, I think you recognize, if

that further step is taken, as you're recommending here, that

at that point it becomes so difficult to guarantee, and in

fact, in my opinion, impossible to guarantee that we won't

see a recurrence of some of the abuses that we've seen in

the past, and I don't know how you establish any kind of

meaningful oversight on a function as nebulous as the one

you've just defined.

If the FBI possesses the authority. to investigate

ideas that they consider to be threats to this nation's

security, particularly in the light of the record that we have

seen how that definition can be stretched to include practi-

cally everybody, including moderate civil rights leaders,

war dissenters and so on, how on earth can standards be developed

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that would provide any basis for oversight?

How can you, from among other things, be protected from

criticism later on that you exceeded your authority of didn't

do something that some politician tried to pressure you into

doing?

Mr. Kelley. It might well be, Senator, that ten years

from now a Director of the FBI will be seated here and will be

criticized for doing that which today is construed as very

acceptable.

Senator Mondale. Correct. And I have great sympathy

for the predicament the FBI finds itself in.

Mr. Kelley. And the Director.

Senator Mondale. And the Director especially, and that is

why I think it's in the interest of the FBI to get these lines

as sharply defined as possible, so that when you are pressured

to do things, or when, after the fact, people with good 20/20

hindsight can criticize you or the Bureau, that you can say

well, here are the standards that you gave us, and they specific-

ally say this, and that is your answer. We have to live by

the law. If we don't define it specifically, it seems to me

that these excesses could reoccur, because I don't think it's

possible to define then, and the FBI is inevitably going to

be kicked back and forth, depending on personal notions of what

you should have done.

Don't you fear that?

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Mr. Kelley. Not too much, Senator. I think we learned a

great lesson by virtue of Watergate, the revelations that have

come up as a result of this Committee's inquiries, the fact

that I think that we have a different type of spirit today

in the Bureau, the fact that, as I said before. You came in,

that I think the Bureau is a matchless organization, and they

are eager to do that which is vital and proper, and the fact

that we are getting a number of very fine young people in the

organization, people of the other ethnic backgrounds than we•

had years ago. I think there is a greater understanding in

the Bureau today of what is the proper type of conduct.

We may not be able to project this on all occasions,

because we must equate this with the need and with our

experience, but if the precise guidelines be the goal, you're

going to have trouble. If, on the other hand, there be a

flexibility, I think that we can work very well within those

guidelines.

Senator Mondale. I think, as you know, I don't think

there is a better trained or higher professionally qualified

law enforcement organization in the world than the FBI. I

think we all agree it is superb. But the problem has been,

from time to time, that when you go beyond the area of

enforcing the law into the area of political ideas, that you

are subject to and in fact you leave the criminal field, you

get into politics. And that is where, it seems to me, that the

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great controversy exists, and where you are almost inevitably

going to be subjected to fierce criticism in the future, no

matter how you do it. Once you get into politics, you get

into trouble.

Mr. Kelley. I agree to that, and I point out that in almost

every branch of the government and in every part, as a matter

of fact, every segment of our society, there are some who deviate

from the normal course. I feel that within the Bureau there is

less likelihood of this to happen, and I think that working

with you we can at least make some achievements that will be

significant.

Now, whether it be lasting, I don't think so, but I

think we've made a good start.

Senator Mondale. In your speech in Montreal on August

9th, you said we must be willing to surrender a small measure

of our liberties to preserve the great bulk of them.

Which liberties did you have in mind?

Mr. Kelley. Well, of course, this speech has been mis-

understood many, many times.

Senator Mondale. Well, I want you to have a chance to

clear it up.

--.

Mr. Kelley. All that was intended here was a restatement

of the approach which the courts historically have used in

resolving most issues of Constitutional importance, and its

recognition that rights are not susceptible to absolute

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protection. It's a matter of balance. Even in the Fourth

Amendment, for example, which protects the right of privacy, it

does not prohibit searches and seizures. I mention, it only

refers to those that are unreasonable.

I came from the police field. What is more restrictive

to more people than traffic regulation? But what would be

more chaotic is of you did not have traffic regulation. We

do have to , in order to love in the complexities and

intricacies of today's life, have to give up some of our

rights.

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Some may construe this as an extravagant statement. If it

is os, I wish to say that I only was pointing out that there

has to be a balance.

Senator Mondale. So that when you say we have to give

up some liberties, or as you just said, some rights, what you

mean -- let me ask. Let me scratch. that and ask again, you

have to give up some tights. Which rights would you have us

give up?

MI. Kelly. Well, under the Fourth Amendment you would

have the right for search and seizure.

Senator Mondale. You wouldn't give up the Fourth Amend-

ment right.

Mr. Kelley. Oh, no not the right.

Senator Mondale. What right do you have in mind?

Mr. Kelley. The right to be free from search and seizure.

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Senator Mondale. There's no such right in the Consti-

tution. You can have such seizures, but they must be reasonable,

under court warrant.

• Did you mean to go beyond that?

Mr. Kelley. That's right.

Senator Mondale. That you should be able to go beyond

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that?

Mr. Kelley. No, no. I do not mean that we should ever

go beyond a Constitutional right guarantee.

Senator Mondale. Well, would you say, Mr. Kelley, that

that sentence might have been inartful in your speech?

Mr. Kelley. I said that if it was misunderstood, I

made a mistake, because I should never make a statement which --

yes, it was inartful.

Senator Mondale. I think I know about your record in

law enforcement well enough to tell you that I think you were

saying something different, that it was taken to mean something

different than I think you intended:

What you are saying is that in the exercise of your law

enforcement powers, the rights of individuals is determined

by the laws and the courts, but the courts, in the handling

of those issues, have to balance rights and other values.

That's what you're essentially saying, is that correct?

Mr. Kelley. Senator, I ought to have you write my

speeches so that I don't have any misunderstandings. I didn't

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understand that to be at the time anything that was unusual.

I have to admit that maybe I made a mistake.

Senator Mondale.

What you are saying in effect is that

in effect, the rights: of the American people can be determined

not by the Director of the FBI but by the courts and by the

law.

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You meant that.

Mr. Kelley. Indeed, yes, sir.

Senator Mondale.

All right.

Thank you.

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• NW 65994 Docld:32989799 Page 178

The Chairman.

Senator Hart.

Senator of Colorado. Mr. Kelley, in response to

a question by Senaotr Mondale, one. of his first questions about

laying down guidelines, it seems to me what you were saying was

we could work together:

That is to say the Bureau and the

Congress, lay down guidelines that would not unreasonably

hamper you from investigations of crime control in the

country.

But I think implicit in his question was also an area

that you didn't respond to, and that is how do you, what kind

of guidelines do you lay down to protect you and the Bureau

from political pressure, the misuse of the Bureau by political

figures, particularly in the White House?

And we've had indications that at least two of your

predecessors, if not more, obviously were corrupted and Mr.

Gray was under great pressure from the White House to use

the facilities of the Bureau and their capabilities to accomplish

some plititcal end.

Well, it seems to me you were arguing in favor of fewer

restrictions so you could get on with your job, but that is

not what Senator Mondale and the rest of us are interested in.

What kindof restrictions can we lay down to protect you

from political pressures? I'd be interested in that sign of the

coin, if you would.

Mr. Kelley. I would welcome any guidelines which would

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protect me or any successor from this type of thing. I think

that would be splendid. I have not reviewed the guidelines

as prepared to the present date by the Department. It might

be that they are well defined in there. But I welcome any

consideration of such directives.

Senator Hart of Colorado. Do you think this is a problem?

Mr. Kelley. No, sir, not with me.

Senator Hart of Colorado. Do you think that it has been

a problem for the people that preceded you?

Mr. Kelley. I think so.

Senator Hart of Colorado. And that's a problem the

Congress ought to address?

Mr. Kelley. I think so.

Senator Hart of Colorado. The Committee received a

letter from the Department of Justice a couple of days, the

Assistant Attorney General asking our cooperation in carrying

out the investigation of their efforts to review the investi

gation conducted by the FBI into the death of Martin Luther

King, JI., in order to determine whether that investigation

should be re-opened. They asked our cooperation, they asked

for our transcripts, the testimony before the Committee, all

material provided to the Cormittee by the FBI which relates

to DI. King and the Southern Christian Leadership Conference.

I guess my question is this: Why is the Justice Depart-

ment asking this Comnittee for FBI files?

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Mr. Kelley. I don't think they're asking for files.

I think they're asking for what testimony was given by

witnesses whose testimony has not been given up. I, don't know.

Senator Hart of Colorado. I'll quote it. "And all

material provided to the Committee by the FBI which relates

to DI. King and the Southern Christian Leadership Conference."

I repeat the question. Why is the Justice Department

asking this Cormittee for material provided to us by the

FBI?

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Mr. Kelley. Frankly, I don't know. Do you mind if I

just ask -

(Pause)

Mr. Kelley. I am informed, and I knew this one.

Everything that was sent to you was sent through them. Did

they have a copy also?

Yes, they had a retained copy. I

don't know why.

Senator Hart of Colorado.

So there's nothing you

provided us that's not available to the Justice Department?

Mr. Kelley. That's right.

Senator Hart of Colorado. And you can't account for why

an official of the Justice Department would ask this Committee

for your records?

Mr. Kelley. No, sir.

Senator Ilart of Colorado. You released a statement on

November the 18th of '74 regarding the FBI's. counter-intelligence

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program and you said you made à detailed study of COINTELPRO

activities and reached the following conclusions, and I quote:

"The purpose of these counter-intelligence programs was

to prevent dangerously and potentially deadly acts against

individuals, organizations and institutions both public

and private

across the United States."

Now we had an FBI informant in the other day before this

Committee and he stated he told the FBI on a number of

occasions he planned violent acts against black people in

groups. And yet, he said few, if any, instances in which the

FBI actually prevented violence from taking place.

How does his testimony square with your statement that

-

I have quoted?

Mr. Kelley. It doesn't, and I don't know if any of

his statements contrary to what we have said is the truth.

We don't subscribe to what he said. We have checked into it

and we know of no instances where,. for example, 15 minutes

and that type of thing has been substantiated.

Senator Hart of Colorado. You're saying the testimony

he gave us under oath was not accurate?

Mr. Kelley. Right.

Senator Hart of Colorado. You also said in that statement,

and I quote: "I want to assure you that Director Hoover did

not conceal from superior authorities the fact that the FBI

was engaged in neutralizing and disruptive tactics against

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Now the Committee has received testimony that the New

Left COINTELPRO programs was not in fact told to higher

authorities, the Attorney Gereral and Congress.

Do you have any information in this regard?

I know in that statement you cite onw or two instances,

but in terms of the bulk of COINTEL programs, the record

seems to date at least to be clear that there was not systematic

information flowing upward through the chain of command to

Director Hoover's superiors:

Mr. Kelley: May I ask that I be given the opportunity

to substantiate that with documentation?

Senator Hart of Colorado. Sure.

MI.. Kelley: Or respond to it.

Senator Hart of Colorado. Dorector Kelley, just in

passing, do you agree with the statement made by President

Ford that those responsible for harassing and trying to destroy

Dx. King should be brought to justice.

Mr. Kelley. Those who directly responsible and upon whose orders

the activities were taken responsible. I don't know if he intended to say

that, but if he did not, I would say that it would be more proper. Insofar

as my own opinion is concerned, that it be centered on those who said

to do it and those who are responsible.

I: took the responsibility for any such program and I

don't expect that those under me would be not acting in

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accordance with what they think is proper and may even have

some reservation, but they do it on my orders. I accept that

responsibility.

I think that it should rest on those who instructed that

that be done.

Senator Hart of Colorado. But you agree that the people

who give the orders should be brought to justice.

Mx.. Kelley. I do.

The Chairman. Aren't they all dead?

Hr. Kelley. No.

The Chairman. Not quite?

Mr. Kelley. Not quite.

Senator Hart of Colorado.

That's all, Mr. Chairnan.

The Chairman. Thank you, Senator.

Director Kelley, in the Committee's review of the

COINTELPRO program and other political involvements of the

FBI, it seems to me that we have encountered two or three

basic questions.

Since the investigation is over insofar as the Conmittee

is concerned, we're now turning our attention to remedies for

the future, what I would think would be our constructive

legislative work, it is very important that we focus on what

we learned in that investigation.

And one thing that we have learned is that Presidents of

the United States have from time to time ordered the FBI to

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obtain for them certain kinds of information by exercising the

necessary surveillance to obtain. and to have a purely

political character, that they simply wanted to have for their

own personal purposes.

I think that you would agree that that is not a proper

function of the FBI,, and you agree.

Yet it's awfully difficult for anyone in the FBI,

including the Director, to turn down a President of the United

States if he receives a direct order from the President. It

is always possible, of course, to say no, and if you insist,

I will resign. But that puts a very hard burden on any man

serving in your position, particularly if the President puts

a good face on the request and makes it sound plausible or

even invents some excuse. It is always easy for him to say,

you know, I am considering Senator White for an important

position in my administration, and I need to know more about

his activities, particularly of late. I've had some cause

for concern and I want to be certain that there is nothing in

his record that would later embarrass me, and I just want you

to keep careful track of him and report to me on what he's

been doing lately.

It's difficult for you to say back to the President, Mr.

President, that's a very questionable activity for the ESI,

and I frankly don't believe that you've given me the real

reason why you want this man followed. I think his opposition

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to your current policy is politically embarrassing to you and

you want to get something on him.:

I mean, you know, the Director can hardly talk back that

way, and I'm wondering what we could do in the way of protecting

your office and the FBI from political exploitation in this

basic charter that we write.

Now, I want your suggestions, but let's begin with one

or two of mine. I would like your response.

If we were to write into the law that any order given you

either by the President or by the Attorney General should be

transmitted in vriting and should clearly state the objective

and purpose of the request and that the FBI would maintain

those written orders and that furthermore they would be

available to any oversight committee of the Congress. If the

joint cormittee on intelligence is established, that committee

would have access to such a file.

So that the committee itself would be satisfied that

orders were not being given to the FBI that were improper or

unlawful.

What would you think of writing a provision of that kind

into a charter for the FBI?

Hr. Kelley. I would say writing into the law any order

issued by. the President that is a request for action by the

Attorney General should be in writing, is certainly, in my

opinion, is a very plausible solution. I'm sure that in

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contemplation of this there would be some that will say yes

or some that will say no, but I think we could define an

area where you are trying to cure the abuses and we could

do that.

Now as to the availability to any oversight committee

of Congress, I would say generally that I certainly would have

no objection to this, but I again, there may be some request

for something of high confidentiality that the President might

put in writing such as

some national or foreign security

matter.

I would like to have such a consideration be given a

great deal of thought and that the oversight committee review

be conditioned with that possibility. I don't think it would

present a problem.

I have said previously that I feel I can discuss every-.

thing except the identity of the informants to the oversight

committee. I welcome that.

The Chairman. Well, that has been of course the way we

proceeded with this Conmittee. It has worked pretty well,

I think.

Now Senator Goldwater brought up a question on the

Martin Luther King tapes. I would like to pursue that question.

If these tapes do not contain any evidence that needs

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to be preserved for ongoing criminal investigations, and since

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DI. King has long since been violently removed from the scene,

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why are they preserved? Why aren't they simply destroyed?

Is there a problem that we can help through new law to enable

the FBI to remove from its files so much of this information

that is has collected that it is no longer needed or may never

have connected the person with any criminal activity?' And

yet, all of that information just stays there in the files

year after year.

What can we do? How can a law be changed? If that's

not the problem, then what is? Why are these tapes still down

there at the FBI?

Mr. Kelley. Mell, of course, we do have the rule that

they are maintained ten years. Now why the rule is your

question and why right now are they maintained? Since we

do maintain everything since the inquiry has started and until

that's lifted, ve can't destroy anything.

I would say that this is a proper area for guidelines

or legislation and again, as I have said, there should be

some flexibility and I know that's a broad statement but there

might be some areas wherein that the subject of the investigation

himself may want them retained because it shows his innocence.

I think you have to deliberate this very carefully, but

it can be done and we are willing to be guided by those

rules.

The Chairman. Let ne ask you this. The FBI is conducting

thousands of investigations every year on possible appointees

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to Federal positions. As a matter of fact, the only time I

ever see an FBI agent is when he comes around and flashes his

badge and asks me a question or two about what I know of Mr.

so and so, who's being considered for an executive office.

And we have a very brief conversation in which I tell him that

as far as I know, he's a loyal and patriotic citizen, and that

is about the extent of it.

Then when this file is completed and the person involved

is either appointed or not appointed, what happens to that

file? I know it's full of all kinds of gossip because it is

in the nature of the investigation to go out to his old

neighborhoods and talk to everybody who might have known him.

What happens to the file? Is that just retained forever?

Mr. Kelley. We have some capability of destroying some

files and they are rather lengthy insofar as retention. He

have some archival rules which govern the retention of mateial

and is developed in cases

involving certain members of the

Executive Branch of the government.

I see no reason why this would not be a proper area

for consideration of legislation.

The Chairman. Can you give me any idea of how much --

do you have records that would tell us how much tine and money

is being spent by the FBI just in conducting these thousands

of routine investigations on possible Presidential appointments

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to Federal offices?

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Mr. Kelley. I feel confident we can get it. Ião not

have it now, but if you would like to have the annual cost

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The Chairman. Yes. Plus, you know, plus any other

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information that would indicate to us what proportion of the

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time and effort of the FBI was absorbed in this kind of

activity.

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Mr. Kelley. I can tell you it is relatively small, but

I can get you, I think, the exact amount of time and the

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approximate expense.

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The Chairman. I wish you would do that because this is

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a matter we need riore information about. And when you supply

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that data to the Committee, would you also supply the number

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of such investigations each year?

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but give us a good idea of the last few years. For example,

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enough to give us an idea of how much time and how broad the

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reach of these investigations may be.

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Mr. Kelley. Through '70?

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that I vould like your best judgment on is whether these

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investigations could not be limited to offices of sensitivity.

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be involved so that there is a reason to make a close check on

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past associations, attitudes and expressions of belief.

I have often wondered whether we couldn't eliminate

routine Federal offices

that are not particularly sensitive

in the national security sense from the reach of these FBI

checks.

And so when you respond to the series of questions, I

wish you would include the offices that are now covered by

such checks and give us an idea of how far down into the

Federal bureaucracy this extends.

Could you do that?

Mx. Kelley. Yes, sir.

The Chairnan. Fine.

Now there is a vote. The vote always comes just at

the wrong time, but Mr. Schwarz wants to ask you some additional

questions for the record, and there may be other questions:

too that would be posed by the

staff, after which I will ask

Mr. Schwarz to adjourn the hearings. It looks like we're going

to be tied up on the floor with votes.

But before I leave I want to thank you for your testimony,

lix. Kelley, and to express my appreciation to you for the

way you have cooperated with the Committee in the course of

its investigation during the past months.

Mir. Kelley. Thank you.

The Chairman. And I hope, as you do, that as a result

of the work of the Committee we can write a generic law for

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the FBI that will help to remedy many of the problems we'll

encounter in the future.

Thank you.

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Mr. Schwarz. Mr. Kelley, I'll try to be very brief.

On page 5 of your statement -

Mr. Kelley. What?

Mr. Schwarz. On page 5 of your statement, the third

full paragraph, you said the following, and I would like then

to question about what you said.

"We must recognize that

situations have occurred in the past and will arise in the

future where the Government may well be expected to depart from

its traditional role, in the FBI's case, as an investigative

and intelligence-gathering agency, and take affirmative steps

which are needed to meet an imminent threat to human life or

property."

kind of situation?

Now, by that you mean to take what kind of steps in what

And can you give some concrete examples under your general

principles statement?

Mr. Kelley. I think that Mr. Adams addressed himself to

that the other day, where you have an extremist who is an

employee at the waterworks, and he makes a statement that he's

going to do something which is devastating to the city, and you

have no way to attack this under the ordinary procedures, and

so therefore you must take some steps to meet that imminent

threat to human life or property.

Mr. Schwarz. So let us

take that case as a test of the

principle. You are saying the extremist has said he is going

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to do something to the waterworks, poison it or something, and

he is on the way down there with the poison in his car.

Is that the presumption?

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Mr. Kelley. We hadn't gone that far, but all right, you

can extent it.

Mr. Schwarz. All right, now, in that case you have the

traditional law enforcement tool, which is the power of arrest.

MI. Kelley. Not under probable cause where he has not

gone down there. The hypothetical we gave was one where he had

not taken any overt acts in perpetration of this.

Mr. Schwarz. Well, if he hasn't taken any overt acts,

are you then in what you would call in imminent threat of

human life or property?

Mr. Kelley. I think so.

Mr. Schwarz. How so? Unless he has taken an overt act

to buy the poison or to get in the car with the poison, there

is not by definition any threat to life or property.

Mr. Kelley. Mr. Schwarz, I've been around in this business.

a long time. I've heard a number of threats which were issued,

and they thereafter materialized into actions. I don't think

take these threats as being empty ones, because so many times

they have been acted upon.

I was criticized

one time when there was a threat made to

kill me, and it was said later on, it's not rhetoric, it's

not rhetoric to me, because when they say they're going to

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- N-65994_Docid 32989799_Page_194.

kill me, that just means one thing.

Mr. Schwarz. But I'm not disagreeing with you.

Mr. Relley. But you are disagreeing with me. You're saying

on the basis of experience that you cannot detect a possible

threat. That's the whole area of concern that we have here, where

we don't lose the capability of doing

something. We don't

say we should initiate ourselves. We say that we should go to

the Attorney General. We do not subscribe to the idea that

we should act independently because maybe we don't have the

judicial review, the capability of determining, but we do

think that we should report it and thereafter see what can

be done.

Mr. Schwarz. Well, have you changed in the course of

our discussion the standard on page 5.

On page 5 you're talking about an imminent threat..

Mr. Kelley. Yes.

Mr. Schwarz. And I hear you now as saying a possible

threat.

Mr. Kelley. An imminent possible threat.

Mr. Schwarz. An imminent possible threat. All right.

Now, would a fair standard for either action, other than

arrest, I don't know what you have in mind, but something to

prevent the person from carrying out his activities, other

than arrest, for instance, what is an example of what you have

in mind?

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Mr. Kelley. Removing him from his position or whatever

is necessary in order to make it impossible of at least as

impossible as possible to perpetuate this thing.

Mr. Schwarz. You mean have him lose his job or --

MI. Kelley. I don't know what it would be.

Mr. Schwarz. Isolate him in some fashion.

Mr. Kelley. In some fashion perhaps.

Mr. Schwarz. Now, for such activity and for opening

an investigation into a domestic group, could you live with

a standard which said you would have to have an immediate

threat that someone was likely to commit a serious federal

crime involving violence?

Mr. Kelley. I think that this thing could be worked out

so that there could be an adequate basis for an evaluation.

Mr. Schwarz. So those words, without trying to commit

you entirely to them, do not seem to you to depart far from

what you think would be an acceptable standard.

Mr. Kelley. Well, an imminent, immediate threat might

be, by virtue of the word "immediate" that he's going to

do it the next minute. In that case it may be necessary for

you to, not with the presence of the possibility, not able

to do anything except put him under arrest or anything.

Mr. Schwarz. Of course, of course.

And nobody would at all disagree with that kind of action.

Mr. Kelley. I don't think they would either.

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_NW.65991_Docld:32989799_Page_196

Mr. Schwarz. But on the question, let's take the opening

of an investigation into a domestic group.

Is it basically consistent with practicality to make the

test immediate threat of a serious Federal crime involving

violence?

Mr. Kelley. To open a domestic security case.

Mr. Schwarz. Yes.

Mr. Kelley. It appears to me that this is a terrorist

activity, in effect. We certainly have terrorist activities

under our jurisdiction as a threat against the United States.

Mr. Schwarz. Now, are there other circumstances where

it is justifiable to open an investigation of the domestic

group where you do not have an immediate threat of serious

federal crime involving violence?

Mr. Kelley. Oh, I think there are other criteria, and

they have been well defined as to what is the possible

opening, the basis for a possible opening. We haven't been

discussing that, we have been discussing particular instances,

but there are other criteria that are used, yes.

Mr. Schwarz. What would the other criteria be?

Mr. Kelley. Well, the possible statutory violations

over which we have jurisdiction are, generally speaking, the

most used of thebasis, and then you have, of course, some

intelligence investigations which should, of course, be of

short duration. If there is no showing of this into action

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or a viable intent.

Mx. Schwarz. So that's what you're looking for in the

intelligence investigation?

Mr. Kelley.. By intelligence investigation, yes, you

are looking to prevent.

Mr. Schwarz. And what you are looking to prevent, and

what you're looking to find is a likelihood of action combined

with an intent to take an

issue?

Mr. Kelley. And the capability.

Mr. Schwarz. And the capability.

All right. I just have two other lines, MI. Kelley, and

I appreciate very much your time.

Mr. Kelley. That's all right.

Mr. Schwarz. Assuming a legitimate investigation has •

been started into a domestic intelligence matter, is it legiti-

mate for the FBI, in addition to obtaining information that

relates to what we've just been talking about, the likelihood

of violent action, is it also legitimate for the FBI to

collect, A, retain, B, disseminate, C, information concerning

let's say the sex life of a person on the one hand, and the

political views of a person on the other?

Mr. Kelley. I think, Mr. Schwarz, that this is just what

many of our problems and perhaps the guidelines can define

this type of thing. I think probably you will agree that

within the determination of the deviations possibly of sex

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lives, there might be something that is relevant. I would say

ordinarily it's not. And so far as political views, yes, I

think that this could be, if he is espousing some cause or

some view that advocates violence or the overthrow of the

government.

Mr. Schwarz. Would those be the two limits on political

views?

Mr. Kelley. What?

Mr. Schwarz. Would those be the only limits on political

views that you think are okay to collect, advocants of violence

or advocants of overthrow?

Mr. Kelley. Well, I don't think because he's a Democrat

or a Republican it would be anything that would be damaging,

but it might on the other hand counter the report that he's

a member of some other organization.

Mr. Schwarz. Is the standard you used on collection of

sex life information, might be relevant? I suppose anything

might be relevant, but don't you think that as a function of

balance, it has to have a high degree of relevance before it's

justifiable to collect that kind of information on American

citizens who are not suspected of having committed crimes?

Mr. Kelley. Insofar as doing it presently, it has been

included in some reports as a result of the requirement that

that is what is required by our rules, that when a person

reports something to us, we do a report of the complaint. Insofar

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as a determination by guidelines that might be prepared later,

I think that we can certainly deliberate on this to see whether

or not this is something we should retain, and we would not

object to anything reasonable in that regard.

Mr. Schwarz. I just have one final question.

Taking the current manual and trying to understand its

applicability laid against the facts in the Martin Luther King

case, under Section 87 there is a -- permission is granted to

open investigations of the infiltration of non-subversive

groups, and the first sentence reads: "When information is

received indicating that a subversive group is seeking to

systematically infiltrate and control a non-subversive group

or organization, an investigation can be opened."

Now, I take it that is the same standard that was used

in opening the investigation of the Southern Christian Leadership

Conference in the 1960s, so that invéstigation could still be

open today under the FBI manual, the current FBI manual.

Mr. Kelley. We are interested in the infiltration of

clearly subversive groups into non-subversive groups inasmuch

as this is a ploy that is used many times, and having infil-

trated, they then get control, and they have a self-laundered

organization which they can use, and not, certainly, to the

benefit of the country.

Mr. Schwarz. But is the answer to my question yes, that

under that standard, the SCIC investigation could still be

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you mean that we go into the

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infiltrators, but the non, that we conduct a lengthy investigation

13

of them without any basis for doing so other than that they

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are in an infiltrated group, I would likely have said -- but

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off the top of my head I would say probably that's not necessary.

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Mr. Schwarz. Thank you very much.

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Mr. Smothers. Just a couple of very brief lines of

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inquiry, Mr. Kelley.

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opened today?

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Mr. Kelley. I think so.

Mr. Schwarz. All right, then, just one final question.

Do you agree that special care needs to be taken not only

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of the standards for initially opening an investigation of a

group, but perhaps extra care needs to be taken when the investi-

gation goes beyond the initial target group to individuals

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Mr. Kelley. I don't know if I agree with that entirely.

If

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I think that the questions of the Chief Counsel. was

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raising is one that goes further into your statement, when you

talk about the difficulty of setting out the line between

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intelligence gathering and law enforcement kinds of functions..

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to distinguish some of this has been made.

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Putting aside for one moment the counterespionage

effort, and looking strictly at what we have been calling the

Domestic Intelligence, is it your view that the retention of

this function in the Bureau is critical to the Bureau's

law enforcement position?

Mr. Kelley. My personal opinion is that the Bureau does

a splendid job in this area. I feel further that the background

of criminal investigatory activities and experiences which

all counterintelligence people have is very helpful. It is help-

ful not only in gathering knowledge and experience, it also

enters into this field, a person with a broad understanding

of the rights and privileges, and you don't have so much that

spy type, that cloak and dagger, that very, very secret type

of an operation.

I subscribe to the present system heartily.

Mr. Smothers. Would it be of assistance to your mission

if within the Bureau guidelines were established that

effectively limited access or controlled dissemination of

the intelligence product? In other words, if we had a

situation where the intelligence product is critical to assist

the law enforcement effort, I don't think there's any question

that there should be access to it.

Isn't our problem one of controlling the use of that

intelligence product and preventing the kind of murky crossing

of lines there with the information legitimately needed for

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law enforcement?

Mr. Kelley. There

is always a problem when there is wide

dissemination, because that just numerically increases the

possibility of misuse, abuse or slander, libel, or anything

of that matter, and I think that it would be well worthwhile

to review the dissemination rules to make them subject to

close guidance in the guidelines that we're speaking of.

Mr. Smothers. Let me just raise one final area with you.

We talked a little bit about, or a question was raised about

the investigation now being conducted by the Justice Department

regarding the improper actions on the COINTELPRO, and the

King case in particular.

As we look at allegations of impropriety by your personnel,

I think it would be helpful for our record here to have some

insight into the procedure the Bureau would normally follow.

What does the Bureau do when you get an allegation that

an agent of administrative official in the Bureau has behaved

improperly?

Is an investigation conducted internally, or is it

routinely referred to the Justice Department?

Mr. Kelley. There may be a revision in this type of

procedure as a result of the establishment of the Council for

Professional Responsibility. At present it would be in the

great majority of the cases turned over to our Investigative

Division for investigation. There might, on some unusual

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occasion, be a designation of a special task force made up;

perhaps, of division heads. That is most unlikely, but it is

handled internally at present.

Mr. Smothers. Would these internal determinations be

reviewed by Justice, or do you think that is a necessary

step?

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I guess what we are searching for here is, first of all,

I think you answered that, well, to what extent does the

Bureau police itself; and then secondly, is the Department of

Justice involved in the police determinations?

For instance, what if the Attorney General disagreed with.

the assertion that only the higher up officials who ordered

the action against King should be the subject of investigation

and maybe prosecution?

How does the interplay work there between you and Justice?

Mr. Kelley. We do report to the Attorney General those

activities which we construe as improper or possibly illegal.

There is a possibility that the Department, having been advised

of the situation, might take it on their own to do their own

investigating, and this is something that we feel is a

decision to be made only rather rarely, because we feel we

have within our own organization sufficient capability to

handle that. But we do not protest it. It is handled

independently of us.

Mr. Smothers. Thank you.

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That is all I have.

Mr. Schwarz. Thank you.

(Whereupon, at 12:12 o'clock p.m., the Committee recessed

subject to the call of the Chair.)

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_NW 65994 Docld:32989799 Page 204.

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## Page 205

TO

FROM

SUBJECT:

SA FPAR (41 CFR) 101-11

UNITED STATES GOVERNMENT

Memorandum

SAC, WFO (62-0)

DATE:

1/12/76

SA FRANK W. WAIKART, III

HOUSTUDY 75

Re Bureau teletype to WFO, 12/24/75.

On 12/26/75, contact was made with former Assistant

Director FRANK W. WAIKART, II, at his residence, 3407 Weltham

St., Washington, D.C. 20023.

At this time, he was made

aware of facts in referenced teletype.

No further action to be taken by WFo.

62-10744-321

620 1:11

D-WFO

FWW: pep

(1)

NW 6304-Docld:32989799B3& g-SosSavings Bonds Regularly on the Payroll Savings Plan

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## Page 206

Rov. 5-22-54)

Transmit the following in -

Via AIRTEL

AIR MAIL

FBI

Date:

(Type in plaintext or code)

(Priority)

3/5/76

TO:

DIRECTOR. FBI

FROM:

SAC, SAN FRANCISCO (62-6815) ₽

UNSUB, aka

Robert Lee Lèwis

IMP

00: SAN

FRANCISCO

-14556

A

: to San Francisco nitel, dated 2/23/75,

captioned SENSTUDY 75, which reported that ROBERT LEE LEWIS,

allegedly an investigator for the CHURCH Committee, had been

on the mishandling of the HEARST case, and Bureau nitel to

San Francisco and NFO, dated 2/27/76, instructing San Francisco

to immediately conduct an appropriate impersonation investigation

and to set orth leads for an interview of the Subject.

Xerox copies of above referenced communications are being

furnished to WEO,

New-York and Boston.

Pursuant to Bureau instructions, ED MONIGOMERY was

telephonically contacted at his home.

MONTGOMERY stated

that

he received a telephone call from a third party asking him to

call ROBERT LEE LEWIS in Washington, D.C., as he wanted some

information about the

FET. " When MONTGOMERY talephoned, the

person answering said that LEWIS was not there.

LEWIS returned

the telephone call to MONIGOMERY, on Sunday, 2/22/76.

(Referenced

San Francisco nitel, dated 2/23/76, contains. the information

furnished by MONIGOiERY.)

MONTGOMERY stated that the number

he called was 212-924-7586.

2 - Bureau

New York (Encis.-2)

WFO (Encls.

ZYYATTN:

SA TITTLE)

-

Boston (INFO) (Encises...ev

2 - San Francisco

GAn: rap

(8)

/-Copy

62÷

107421-33

2421

NAR 0 9 1976'

Approved:

NW 65994 Docld:32989799mpgiel 2ogent in Charge

Sent

— M

Per

U.S. Government Printing Office: 19721455-571

---

## Page 207

SF 62-6815

GAH: rap

The San Francisco Office contacted WFO, who advised that

the area code 212 was a New York area code and

not Washington,

D.C. FBI, San Francisco, telephoned the number 212-924-7586.

A male answered the phone and a request was made to speak with

ROBERT LEE LEWIS, Who then came to the phone.

The San Francisco

agent identified

himself as an FBI agent to LEWIS and told hin

made by him to ED MONTGOMERY, a reporter in san Francisco.

LEWIS admitted making the telephone call and stated that he

did not represent himself to be an investigator for the CHURCH

Committee.

He went on at some length and in a rambling manner

representatives of the Secret Service, especially Agent DON

CHACOS, and others.

He again denied impersonating a government

investigator; stated that his life was an open book and that

he would have to contact representatives of the CHURCH Cormittee

concerning this matter.

He also stated that SA DON CHACOS Of

Secret Service in Washington,

D.C., could vouch for him.

He was told that in all probability that an agent from the New

Yor': Office would contact him for an additional interview.

He stated that would be fine and that he would request that

a telephonic appointment be made.

SA BOB TITTLE Of WEO telephonically advised that

Secret Service Agent DON CHACOS had advised him that he was aware

of. LEWIS and his activities and described him as..an over-

..zealous, aggressive reporter;

also, that he had received

letter from Senator CHURCH for some

reporting that he had done.?

"New York is requested to review enclosed communications,

and in line with Bureau instructions,

interview RODERT LEE

LEWIS. He should be cautioned against any further situations

which might lead someone to believe he is a government investigator.

There does not appear to be anything of value obtained by

LEWIS in this matter,

There does not seem to be any reason to

present this case to the USA. It is believed by San Francisco

that upon completion of the interview by New York that this

case should be closed.

Information copy furnished Boston inasmuch as they

had a similar situation concerning ROBERI LEE LEWIS, 8/75.

2

NW 65994-Đocld:32989799-Page-202-

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## Page 208

FD-36 (Rev, 5122-64)

Transmit the following in

Via

NITEL

F-B I

Date:

2/23/76

(Type in plaintext or code)

(Priority)

TO:

FROM:

SENSTUDY 75

DIRECTOR, EBI (62-116395)

ATTENTION:

LEGAL COUNSEL DIVISION

SAC, SAN FRANCISCO (62-6887)

ON FEBRUARY 23, 1976, A SOURCE OF THE OAKLAND RESIDENT

AGENCY REPORTED THAT ROBERT LEE LEWIS, INVESTIGATOR FOR THE

CHURCH COMMITTEE, HAD BEEN TRYING TO GEI SOMEONE TO TESTIFY

BEIJRE THE COMMITTEE ON THE MISHANDLING OF THE HEARST CASE.

HE WAS SUPPOSED TO HAVE BEEN IN CONTACT WITH ED MONTGOMERY,

A RETIRED EXAMINER REPORTER, AND POSSIBLY THE HEARSTS.

.. snoo

~ SAC BATES HAS BEEN PERSONALLY ACQUAINTED WITH MONTGOMERY

FOR MANY YEARS. HE CALLED MONIGOMERY AND ASKED HIM CONCERNING

•THE ABOYE.... MONTGOMERY SAJD THAT HE HAD RECEIVED A TELEPHONE CALL

FROM

THIRD PARTY ASKING HIM TO CALL LEWIS IN WASHINGTON AS

HE WANTED ADVERSE TESTIMONY ABOUT THE FBI. MONTGOMERY CALLED

AND WHEN UNABLE TO SPEAK WITH LEWIS AND AFTER BEING ADVISED OF

WHAT LEWIS WANTED, HE HUNG UP. ON SUNDAY, FEBRUARY 22, 1976,

*LEWIS CALLED MONTGOMERY: HÈ TOLD MONTGOMERY HE WANTED SOMEONE

TO TESTIFY AS TO HOW THE FBI HAD MESSED UP THINGS ON THE WEST

COAST.

MONTGOMERY IS NOT SURE IF HE SPECIFICALLY MENTIONED 2012

WB/cm

Filed :..

cei

Approved:

-

Sent

Special Aa52 - 6053

-NW-65994-Doeld:32989799-Page 208.

Per

U.S.Goverament.Printing. Office: 1972-455-574

cgcn5:15.141

---

## Page 209

-36 (Rev. 5-22-64)

ansmit the following in

FBI

Date:

(Type in plaintext or code)

(Priority)

SF 62-6887

THE HEARST CASE. MONTGOMERY TOLD LEWIS HE HAD NOTHING IN THIS

REGARD HE COULD TESTIFY TO, THAT THE FBI WAS DOING A FINE JOB,

THAT HE, MONTGOMERY, DID NOT APPROVE OF THE WAY THE CHURCH

COMMITTEE HAD HANDLED ITSELF IN THE PAST AND THAT THEY SHOULD

GET OFF OF THE BACKS OF THE CIA AND THE FBI AND LET THEM GET ON

WITH THE JOB AND THEN HUNG UP.

MONTGOMERY MADE THE COMMENT THAT HE THOUGHT THIS WAS

A TERRIBLE WAY TO ATTEMPT TO GET FACTS. SAC BATES SUGGESTED

TO HIM -IF HE FELT SO STRONGLY ABOUT IT, HE SHOULD CONSIDER

WRITING AN ARTICLE FOR THE EXAMINER AS TO THE APPROACH MADE

DO LIN BY THE CORDITHER, HONTGOMERY RETIRED SETERIA MOST

ABOVE BEING SUBMITTED FOR BUREAU'S INFORMATION.

IS STILL

ClOSETO

NOTE FOR SAN FRANCISCO ONLY:

THE EXAMINER,

THIS WAS A SOURCE OF SA EVERETT W. NELSON, CSSE 33-X.

she get it fran

-2-

get the est fan

Approved:

Sent

Special Agent in Charge

NW 65994 Docld:32989799 Page 209

Per -

U.S. Government Printing Office: 1972 - 455-574

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## Page 210

WA RWW

NAZ46 WA PLAIN.

6:3PM NITEL 2-27-6 VLI

Bl- Tittle

TO SAN FRANCISCO

WASHIIGTOH FIELD

Bal Lil

FROM DIRECTOR

CHANGED, UNSUS, ANA, ROLERT LES LEWIS: IMPERSONATION; DOS SF.

TITLE CHANGED FROM SENSTUDY 75 TO DESICATE FUBERT LEE

LEWIS AS THE SUBJECT AND IMPERSONATION AS THE CHARACTER.

RE SE NITEL TO IME DIRECTOR, FEBRUARY 23, 1975, CAPTIONED, "SENSTUDY

75.°

INQUIRY MADE BY. FEIHQ HAS DETERMINED THAT THERE IS NO ONE EY

NATE OF ROBERT LEE LENIS EMPLOYED AS AN INVESTICATOR FOR THE •

CHURCH COMMIITEE. IN VIEN THAT LEWIS HAS IMPERSONATED A

GOVERAMELT INVESTIGAIOR AND HAS ATISMPIED TO OSIAIN INFOSMATIOW

THROUGH THIS IMPERSONATION; YOU ARE INSTRUCTED TO IMMEDIATELY

CONDUCI APPPOPRIATE IMPERSONATIOU INVESTIGATION, POSITIVELY

• IDENTIFY LEVIS, OSTAL: TELEPHONE HUNGER OF LEXIS FROM ED

MONTGOMERY, AND SET FORIA LEADS FOR 15O TO HAHOLE INTERVIEW

OF SUSJECT. COPY

OF GEFERENCED TELETYPE HAS SEEN FURNISHED WEO.

END.

Ed: Hire

96.3

70>

49551-

image

PEd%: 1976

12-1-615-10

_NL65994 Docld:32989799 Page 210

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