Document date: 00/00/0000

## Page 1

File #:

62-1164644

Serial Scope:

_/*NR 215 THRu 253

Released under the John F. Kennedy Ascascination Records

Collection Act of 1992 (44 USC 2107 Note). Case#:NW 68262

Date: 09-22-2022

• NW 68262 Docld:32989696 Page 1

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## Page 2

The Attorncy Gencral

Director, FBI

1 - Mr. N. P. Callahan

1 - Mr. d. B. Adams

2 - Mr. J. A. Mintz

(1 - Mr. I. R. Hotis)

November 19, 1975

1 - Mr. W. R. Wannall

1 - Mr. W. O. Cregar

1 - Mr. F. J. Cassidy

1 - Mr. A. F. Watters, Jr.

LEBI ROLE AND REQUIREMRNTS IN THE

INTELLIGEACE COMMUNITY;

REQUEST OF MOUSE SELECT CONLITTER.

ON INTELLIGENCE

Attached for your approval and forwarding to Congressman Otis 6.

Pilte, Chairman, Seicet Committee on Intelligence, United states House of

representatives, is a response to a lettor we received recently from

Congressman Pike asking for the FBI's views en the future of the intel

ligence community. for your information, we are enclosing a copy of

Congrestmon Pike's lettor, dated October 8, 1075, togother with our

preliminary-response, dated October 17, 1075 .

_ A copy of attached response to Congressman Pilc is also

being furnished for your records.

Your concurrence in our response is requested.

Enclosures - 4

1 - The Deputy Attorney General (Enclosures - 3)

Attention: Michael E. Shahoen, Jr.

Special Counsel for Intelligence Ccordination

AFW: VO:

(12) N9

reru

SEE NOTE PAGE TWO

REG 1262-146-447-253

CA JAN 12 1976

Assoc, Dir.

Dep. AD Adm.-

Dep. AD Inv. _

Asst. Dir.:

Admin..

Comp. Syst. -

Ext. Affairs -

Files & Com. -

Gen. Inv. —

Ident.-

nspectio

Laboratory

Plan. & Eval. -

Spec. Inv...

Training

Legal Coun

Telephone Rm. -

MAIL ROOM L

N CHA Dodd?3297696 Page 2

TELETYPE UNIT L

GTO 954-545

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=

The Attorney General

NOTE:

By memorandum from Mr. W. R. Wannall to Mr. J. B. Adams,

dated 10/16/75, captioned as above, approval was obtained for transmittal

of a preliminary response, dated 10/17/75, to Congressman Pike's request

for FBI views on the future of the intelligence community. In our preliminary

response, we indicated that our views would be furnished at an early date

following consultation with appropriate FBI personnel.

Since transmittal of our 10/17/75 preliminary response, we have

learned that the heads of other member-agencies of the intelligence community

have received a similar request from the Congressman. In addition, we have

been informed that the Attorney General has met with White House officials

and determined that it would not be appropriate for us to make specific

recommendations in response to the Congressman's letter. The communication

to Congressman Pike attached for the Attorney General's approval sets forth

general observations on the future of the intelligence community and is

responsive both to the Congressman's inquiry and to the Attorney General's

determination that our reply should avoid specific recommendations.

- 2 =

NW 68262 Docld:32989696 Page 3

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## Page 4

FEDERAL BUREAU OF INVESTIGATION

COMM"NICATIONS SECTION

DEC) 6, 1975

110

TELETYPE

aily

IU:

12/10/73 5J6

DIREGIOR (02-110404)

DAL, LAV

ULEVELANU

Assac. Dir. -

Đep:-A.D.-Adm

Đep-A.D.-Inv.

Asst Dir.:

Admin.

Comp. Syst.

Ext. Affairs

Files & Com.

Gen. Inv. -

Ident.

Inspection

Intell. WReTtif

Laboctory'

Plau. & bval.

Spec. 'Inv. -

Training -

Legal Coun.

Telephone Ru. -

Director /Secy

rnul:

ПД:

KE DURLAU WIIEL 14-10-73

3658.Room

MLNATONULU MILLO LAQUIRY WEEN AL RUOLNO SIOLER LA ARRUN, UNAU,

SOARIDO NE DO CHAU O IN AURI SNA OUA UNO, STO E SANTUA

CHInEA 18110-17/72.

HUULIUVALLY, LIPE AUVIDE FINO UE RUSEN'O ILLINERANY

UNdEL DÃE TANE DE ENFEGIO IU METURE MUNE LIN ANDON, UMIU.

LIVU

+2 116464-252

15 JAN 2 1976

56 JAN 14197260

NW 68262 Docld:32989696 Page 4

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## Page 5

TO

FROM

AT 18E FOO, 10

DITION

GSA FPAR 611 CFR 101-11.6

UNITED STATES GOVERNMENT

Memorandum

: Mr. J. B.

Adams

: Legal Counsel gum

SUBJECT: HOUSE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIES

u.S.

RECORDING COMPANY

DATE: 1/5/76

1 - Mr. Wannall

1 - Mr. Cregar

1 - Mr. Hotis

1 - Mr. Mintz

Assocy Dir

Der. 1B2

Admyn..

Comp. Syst.

-

Ext. Affairs

-

Filos & Com. -

Gen. Inv. -

Idons. —

Inspection

Intell.

Laborator

Lida C

Plan. & Eval.

Spoc. Inv. —

Training

alophone Rm. -

iroctor Soc'y -

At 10:47 a.m. on January 5, 1976, Joseph Leo Gormley,

formerly employed in the FBI Laboratory, advised that he retired June 30,

1973, and currently is employed at IACP, telephone number 948-0922, Ext. 248.

Mr. Gormley said that he was contacted by Richard Vermeire

J of the House Intelligence Committee who requested him to be available for an

interview this afternoon concerning FBI purchases from the U.S. Recording

Company. He told me that he had no personal knowledge of such purchases

and he requested advice from the Bureau as to his response to Vermeire.

I told Mr. Gormley that he should consider himself relieved of

the obligation of any secrecy agreement he may have signed with the FBI

for purposes of the interview with Vermeire concerning the subject matter

indicated. I told him that should the interview concern other matters, he

should be aware that he is not being relieved of the obligation to protect the

identities of confidential informants, not interfere with pending investigations,

not disclose information obtained from third party sources, and not disclose

sensitive investigative techniques. I also told Mr. Gormley that should the

proposed interview appear to require the advice of counsel to assist him, such

could be made available upon his request. He indicated that because he has

no personal knowledge of the U.S. Recording Company or the Bureau's

purchasing practices, he felt that he had no need to request counsel at this

time.

ST-114y

REC55 62-111-464-251

Mr. Gormley said that he would call Vermeire and agree to the

interview this afternoon and that he would appropriately advise the Bureau

of the results of the interview.

RECOMMENDATION:

15 JAN 9 1976

For information.

1 - Personnel file Joseph Leo Gormley

LEGA

COUNSEL

INJAM mig

NW 68202 ocld:32989696

6 B4yES. Savings Bonds Regularly on the Payroll Savings Plan

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## Page 6

TO

:

OPTIONAL'FORM NO, 10

5010-106

MAY 1962 EDITION

GSA GEN. REG. NO. 27

•UNITED STATES GOVERNMENT

Memorandum

Mr. W. R. Wannall

WARNE

FROM

: W.

0.

SUBJECT:

HOUSTUDY

5

2 - MT. J.

Mintz

(1 - Mr. J. B. Hotis)

1 - Mr. R. J. Gallagher

(Attn: J. J. Boyd)

DATE: 12/29/75

1 - Mr. W. R. Wannall

1 - Mr.

W. 0. Cregar

1 - Mr. T. J. McNiff

Assoc. Dir.

Dep. AD Adm. _

Dep. AD Inv. -

Asst. Dir.:

Admin.

Comp. Syst. -

Ext. Affairs -

Filos & Com.

Gen. Inv..

Idens. -

Inspaction

Intell. _

Laboratory

Legal Coun. _

Plan. & Eval. _

Spec.Inv.cu

Training -

Telephone Rm. -

Director Soc'y -

By letter dated 10/20/75, received at the Bureau Q

11/4/75 (copy attached), the House Select Committee (HSC)

requested that it be furnished with copies of all materials

contained in FBI files pertaining to the shooting of

Kenyon F. Ballew in Silver Spring, Maryland, on 6/7/71.

This shooting occurred when representatives of the Alcohol,

Tobacco and Firearms Division and local police officers

broke into the Ballew apartment with a warrant charging

Ballew with unregistered possession of firearms and explosives.

As a result of the incident, Ballew was wounded and suffered

a crippling injury. He filed suit against the Government

and the Civil Rights Division of the Department requested

this Bureau to conduct what amounted to a minimal amount of

investigation in this matter.

On 11/12/75, Special Agent (SA) Thomas J. McNiff,

after a conference with SAs Paul V. Daly, Legal Counsel

Division, and John J. Boyd, General Investigative Division,

discussed the propriety of the above request with Steven

Blackhurst, Deputy Special Counsel for Intelligence Coordination,

Department of Justice, as the request did not appear to fall

within the HSC mandate as outlined in HI. R. 591. Blackhurs

concurred with the above observation and stated he would

inquire of the HSC as to the purpose of their inquiry.

ENCLOSURE

On 11/14/75, Blackhurst advised he had been informed

that the basis for the HSC inquiry was receipt of infor-

mation that a CIA electronic surveillance installation may

Enclosures

REC-51

42-116-404-250

62-116464

1 - 44-49948

ST-114)

CONTINUED - OVER

15 JAN 9 1976

TJM: 1hb Ihla

(8)

NUS 16A0 1.32

locld:32989696 Page 6

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## Page 7

Memorandum to Mr. W.

R. Wannall

Re: Houstudy 75

62-116464

have been the source used to secure the search warrant

described above. HSC desired to ascertain whether or not

Bureau files contained any information supporting that

allegation.

On 11/17/75, Blackhurst was advised that a review

of Bureau files was negative concerning the above inquiry.

Blackhurst then stated he would determine whether additional

action need be taken by this Bureau in response to HSC

letter dated 10/20/75.

On 12/16/75, Blackhurst advised he had ascertained

from the HSC that this Bureau can disregard the request

contained in above HSC letter.

ACTIONS:

1. For information.

2. Attached is a letter for the Attorney General

with a copy to Michael E. Shaheen, Jr., Special Counsel Ior

Intelligence Coordination, confirming the advice from

Mr. Blackhurst that this Bureau can disregard the request

contained in the HSC letter of 10/20/75.

retected

1-1-76

TIMSE

-2-

NW 68262 Docld:32989696 Page 7

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## Page 8

OFFICE OF THE DEPUTY ATTORNEY GENERAL

WASHINGTON, D.C. 20530

NOV 3 1975

T0:

Mike

FROM:

John A. Mintz, Assistait Director

Legal Counsel Division

Federal Bureau of Investigation

Michael E. Shaheen, Jr.

Special Counsel for Intelligence

Coordination

SUBJECT: House Select Committee Letter dated October 20

Attached is a letter from the House Select Committee

dated October 20, 1975, which this Office received on

October 28, 1975. Apparently the Hol is Interested

primarily in reviewing materials developed as a result

of an FBI investigation into this matter which was done

at the request of the Civil Rights Division of the

Department.

The HSC also wants to know what documents,

if any, have been turned over to Mr. Ballew or his

attorney either as a result of a civil suit concerning

this or as the result of a Freedom of Information Act

request. If you have questions concerning an appro-

priate response to this letter, please contact

Steve Blackhurst of my staff.

114/95 sent by K/sto O'Connel, Din6 - assequed Got Boy 477477)

1/16/25 Alicial atrocol no adatteral antin necessary.

cc: Paul Daly

P°.*2-19):6

i "14/25

NW 68262 Docld:32989696 Page 8

62-1i0464-250

ENCLOSURE

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## Page 9

• OTIS O, FIKE, N. %., CHAIRMAN

NOLENT M. GIAIMO, CONN.

RODIRY MCCLOR

JAMES V, STANION, OHIO

DAVID C. TREEN, LA.

MONALO VODELLULAS, FALIF.

JAMES P, JOHNSON, COLO,

MORGAN F. MURPHY, ILL.

RODERT SY. KASTEM, JH., VIIS.

LES APIN, WIS.

DALE MILFORD, TEX.

PHILIP H. HAYES, IND.

WILLIAM LEHMAN, FLA.

TELEPHONE, (202) 225-975:

Select Committee an Intelligence

M.S. House of Representatives

@lashington, D.I. 20515

55

Til 75

A'CE

October 20, 1975

RECEIVED

Mr. Michael A. Shaheen, JI.

Special Counsel for Intelligence

ĐCT 2 8 1976

Coordination

Department of Justice

Washington, D.C. 20530

O.L.A.

Dear Mr. Shaheen:

On behalf of the Select Committee, I hereby request that

you furnish this Committee with

copies of all materials

contained in Department of Justice and Federal Bureau of

Investigation files pertaining to the shooting of Kenyor

*. BaLlew in silver Spring, Maryland on June 1, 19/1.

Such materials should include, but not be limited to,

copies of all memoranda prepared by Department of Justice

personnel.

In connection with this request, please advise whether

the Alcohol, Tobacco and Firearms Division of the Treasury

Department

Also please inform us as to whether Justice Department

files have been provided to Kenyon Ballew of his attorney

at any time and the specific documents turned over or

withheld.

Thank you for your cooperation.

Sincerely,

OFFICE OF LEGiSLATIVE AFFAIRS

A

Searle Field

Staff Director

RECANED

1c0

DEPARTMENT OF JUSTOM

OCT 24 1975

R.A.9.

C Lally

0:

NW 68262 Docld:32989696 Page 9

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## Page 10

TO

• OPTIONAL FORM NO, 10

MAY 1962 EDITION

GSA FPAR 141 CFA) 101-11.6

UNITED STATES GOVERNMENT

Memorandum

: Mr.

B.

Adams

FROM : Legal

counself

SUBJECT: HOUSTUDY:

1 - Mr. Mintz

1

- Mr. Cleveland

1 - Mr. Wannall

DATE: 12/31/75

1 - Mr. Branigan

- Mr. Cregar

1

- Mr. Hotis •

1 - Mr. Daly

Assoc. Dir. _

Dep. AD Adm. -

Dep. AD Inv. _

Asst. Dir.:

Admin.

Comp. Syst.

Ext. Affairs

Files & Com. -

Gen. Inv. -

Ident. _

Inspection

Intell. -

Laborgtery&

Legali Coun

Plan. & Eval.

rainin

Telephone Rm. -

Director Soc'y -

By memorandum dated 12/19/75. to the Attorney General, we

advised the Department of Justice that we were opposed to furnishing

captioned Committee information concerning proprietaries in response

to their letter of 12/1/75, since they are on-going Bureau operations.

We further advised the Department that we had afforded the "Committee

a briefing concerning these operations in as detailed a mariner as

possible without compromising the operations.

On 12/30/75 at the request of Rex Lee, Assistant Attorney

General of the Civil Division of the Department; Deputy Assistant

Director Fred Fehl; SA John McHale; Section Chief William O: Cregar;

and SA Paul V. Daly met with Mr. Lee, his assistant Thomas Martin

and Assistant Special Counsel for Intelligence Coordination Steven/\

Blackhurst concerning the captioned Committee's request for infor

mation pertaining to proprietaries.

It was brought to Mr. Lee's attention at that time of

the Bureau's concern

relative to the disclosure of the requested

information to captioned Committee and of the Bureau's position

that the information requested should not be furnished. It was

pointed out to Mr. Lee that such disclosure might adversely impact

on the on-going sensitive operations of the Bureau and create un-

necessary risks to the physical well-being of Bureau Agents and

informants and with regard to the proprietaries operating in the

criminal field;

jeopardize prosecutions.

Mr. Lee explained that he was sympathitic to the Bureau's

position; however, Mike Duval at the White House had instructed

him to attempt to reach some accommodation concerning this request.

According to Mr. Lee, this was prompted by a concern at the White

House that the House Select Committee might not abide by their

ST. 115),

102

1iy43-2418

CONTINUED - OVER

SAN DO 1970

PVD : lad

(9.)

84 N 2 8 1976

NW 68262-Docld:32989696

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## Page 11

Legal Counsel to Mr.

Adams

RE :

HOUSTUDY

agreement with the President concerning the publication by that

Committee of material in their possession of a sensitive nature.

The aforementioned

agreement allows for the President to certify

the necessity that

a particular document or particular information

not

be published and the Committee would abide by that certification.

The Committee, in conversations with representatives at the White

House, had cited two areas where Executive Branch responses nad not

acceptable one of which was the Bureau's response concerning

proprietaries.

Mr. Lee concluded the meeting by indicating he would

contact a representative of the House Select Committee and attempt

to extract an agreement as to the matter and type of information

which would be given to that Committee without giving to the Com-

mittee information with which they might be able to identify the

proprietary in question.

He stated that if this was not acceptable

with the Committee, he would at that point refuse the Committee's

request.

On 12/31/75, Thomas Martin telephonically advised SA

Paul V. Daly of this Division that Mr. Lee had contacted Aaron

Donner and that Donner appreciated the Bureau's concerns relative

to furnishing information on the proprietaries.

Donner also in-

dicated that they would seek to keep such information from

Committee members.

Martin stated that Mr. Lee agreed to furnish

the Committee a financial balance sheet showing income, assets,

and liabilities (the balance sheet should go back no more than

five years

and if the original balance sheets would disclose the

operation in question, a

sanitized balance sheet would be prepared);

the original amount of money used to create the proprietary and the

source of same; and evidence of compliance with state and/or Federal

laws.

With regard to the latter, if the information concerning

be made concerning this material. He was asked whether the Committe€

CONTINUED - OVER

-2-

• NW 68262 Docld:32989696 Page 11

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## Page 12

Legal Counsel to Mr. Adams

RE.:

HOUSTUDY

was seeking access or delivery of the material in question. It

was pointed out to Martin that the Committee indicated access

might be sufficient for the Committee's needs.

• Martin stated he

would check on this particular question and advise the Bureau of

the answer.

Martin subsequently advised that the Bureau should

provide access to but not delivery of the material.

Additionally, Martin statea

explained to Martin that It may not be possible to gather and

furnish the information requested by that time.

RECOMMENDATION:

That the Intelligence Division with input from the

Special Investigative Division gather the necessary information

to prepare the appropriate response for the House Select Committee.

poD

SEE ADDENDUM BY SPECIAL INVESTIGATIVE DIVISION NEXT PAGE

- 3

NW 68262 Docld:32989696 Page 12

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## Page 13

ADDENDUM BY SPECIAL INVESTIGATIVE DIVISION: 1/2/76 FCF :dI

The Special Investigative Division is of the definite opinion

the following points should be enumerated and brought to the attention

of the Director:

At the meeting which was held in the office of Assistant

Attorney General Rex Lee on the morning of December 30, 1975, Lee

commenced by advising that he would attempt to explain his complete

lack of knowledge of the situation. Deputy Assistant Director Fehl

then inquired of Lee as to whether or not he had reviewed the Director's

letter to the Attorney General dated December 19, 1975, captioned

"United States House Select Committee on Intelligence Activities," and

Lee said he had not seen the letter. In brief, the Bureau's position

in the letter of December 19, 1975, very Clearly stated to the Attorney

General that we have again reviewed this particular matter and feel that

a disclosure of information concerning an on-going Bureau operation

is not appropriate. We told the Attorney General we stood ready to,

of course, furnish information pertinent to discontinued proprietary

operations which would offer the Committee a chance to see the procedures

used by the Bureau in establishing and maintaining such operations. The

Attorney General was also advised that the Committee was afforded a

briefing concerning these operations in as detailed a manner as possible.

Several months ago, Peter Hughes, a staff member of the

Committee, was apprised in most general terms concerning the Bureau's

proprietaries (organized crime matters) at which time Hughes advised

that he was completely satisfied and had no further questions. Hughes

exhibited surprise at the nominal amount of dollars the FBI had expended

as compared to CIA operations.

The Senate Select Committee on Intelligence Activities

requested information concerning on-going Bureau operations and was

advised this data would not be furnished. Church's committee made

no further demands on the Bureau.

At the conterence on December 30, 1975, Lee was advised

we did not feel that the matters being handled by the Special Investigative

Division were within the contines of the charter of the House Committee.

He was told that we were not gathering "intelligence" but rather we were

conducting criminal investigations looking toward prosecutive action in

U. S. District Courts. He said he understood and also said he would

review the charter.

There is no indication in this memorandum that Lee

has in fact reviewed the charter.

NW 68262 Docld:32989696 Page 13

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## Page 14

- 2-

Lee was advised that the Bureau had no objection to discussing

the discontinued operations and we mentioned specifically those wherein

we had a small proprietary interest with LEAA. An example was given

to Lee of an undercover operation in New York wherein, due to loose talk,

an informant was murdered gangland style (Operation Flyer).

Lee discussed as an alternate, our preparing "sanitized balance

sheets' of the on-going operations. He was told by representatives of the

Special Investigative Division that this could well raise a question and pin-

point possible dates of the institution of the operation and most likely

the Committee would then request the back-up books and records to sub-

stantiate the balance sheets.

Deputy Assistant Director Fehl told Lee

in no uncertain terms that prior to the time that we would make any

disclosure of any matter whatsoever, the Bureau would close down any

of its on-going current operations. The well-being and safety of the

Bureau Agents was and is of paramount importance; therefore, any

disclosure would necessitate a discontinuance and we would so advise

the Department.

Of the three proprietary interests, one has been discontinued;

however, the informant still resides and is active in the locale of the

proprietary. Further, off-shoot investigations are being conducted of

the discontinued operation. The second operation has been discontinued;

however, we are in the process of obtaining indictments and prosecution

is, of course, pending.

The third operation is on-going and we contem-

plate reaching our ultimate objective within the next sixty days.

In view of the above observations, the Special Investigative

Division strongly recommends the following:

(1) That we do not disclose any information whatsoever to

Assistant Attorney General Rex Lee for access or review by the Committee

on our on-going undercover operations.

(2) That a representative of the Special Investigative Division

discuss this matter with Assistant Attorney General Thornburgh, Criminal

Division, who has the responsibility of the pending prosecutive action in these

matters,

so that he, Thornburgh, has an opportunity for input into furnishing

data to the Committee.

SEE LegAL CoUnSEL

Adams Mems of 1/9/71 and

AF

of 1/7/76-8051/9/76

Tars inteR reschu ea

INVORAbLY EARBUREAU

---

## Page 15

Mr.

B. Adans

Legal Counsel

HOUSTUDY

- ric. Mintz

1 - MI, Cleveland

1 - Hir. Wannall

1/9/76

1 - Mir. Cregar

1

-Mr. Hotis

1 - Mr. Daly

In accordance with the instructiong of the Attorney

General on 1/8/76, Charles Maddor, House Select Committee Start

Mencer, reviewed the balance sheets and other financial data

pertaining to the Bureau proprietaries. Mañdos, after review

of these materials, stated that there would be no more requests

for disclosure of information concerning Bureau proprietaries

and that this would satisfy the Committee's needs. Maddox did,

vol a formation

however, ask that the Bureau advise hin whether there are in

existence any internal regulations concerning the operation of

proprietaries, whether the Bureau's operation of proprietaries

are in violation of Section 859 of Title 31 of the u. S. Code,

and

ask the Bureau to work with him in the preparation of a

short paragraph on proprietaries for the Committee's puilic

report.

The Department of Justice is, at the request of

Haddox, responding

to the question relating to Title 31, U.S.

Code, Section 869.

This particular response is being co-

oräinated with Assistant Special Counsel for Intelligence

Coordination Steven Blackhurst.

Responses to the other in

formation he requested il being coordinated by the Intelligence

• Division.

ZECONNELIDATION:

-For information.

DVD: lau

•(9)

WW 68202 Docids2989696 Page 15

2 1/64 249X

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## Page 16

OPTIONAL FORM NO, 10

MAY 1962 EDITION

GSA FPAIR (41 CFR) 101-11.6

UNITED STATES GOVERNMENT

Memorandum

TO

: Mr.

J. B. Adams

FROM

Legal counsed fAmirn

SUBJECT: HOUSTUDY

1 - Mr. Mintz

1

- Mr. Bassett

1

• - Mr. Wannall

DATE: 12/30/75

1

. ~ Mr. Cregar

1

- Mr. Hotis

1

- Mr. Daly

Assoc. Dir. -

Dep. AD Adm. _

Dep. AD Inv. _

Asst. Dir.:

Admin..

Comp. Syst. —

Ext. Affairs -

Files & Com.

Gen. Inv. _

Ident.

Inspection

Intell.

Laborar

Legal C

Plan. & Eva

Spec. Inv.

Training

Telephone Rm. -

Director Sec'y -

On

12/29/75, Richard Vermeire, Staff Member of the

House Select Committee, requested that former SAs Joseph Leo

and Dr. William Magee be made available for deposition

Gorming U.5. Recording company purchases made by this Bureau.

'RECOMMENDATIONS:

(l) That former SAs Gormley and Magee be released

from any existing employment agreement for purposes of

deposition before the House Select Committee.

FORW

(2) That the Intelligence Division determine the

current whereabouts of former SAs Gormley and Magee and insure

that they are advised they may be contacted by members of the

Committee.

(3.)

That the Legal Counsel Division orally advise

the House Select Committee of the current whereabouts of former

SAs Gormley and Magee.

Me:co le.

N

1 - Personnel File - Joseph Leo Gormley

1 - Personnel File - William Magee

Lad 4D

(10)

ST-114

REC-5T

162=111461=

15 JAN 9 1976

209

LEGAL

84

1 5 1976

NW 6825-Hocld:32989696 Bay YS. Savings Bonds Regularly on the Payroll Savings Plan

---

## Page 17

TO

FROM

SUBJECT:

ÚPTiONAL FORM NO, 10

JULY 1R7J EDITION

GSA FÜMR (41 CFRI 109-11.0

UNITED STATES GOVERNMENT

Memorandum

Director, FBI

Harold R. Tyler, JI.

Deputy Attorney General?

Jacqueline Hess - Espionage

DATE: December 24,' 1975

-

• .

ri f

O Houstudy

In response to your memorandum to the Attorney General

dated December 12, 1975 on this subject, I vish to advise

you that the Department declined prosecution in this case

in a memorandum from me to you dated November' 14, 1975.

Chairman Pike was advised of our decision at or about the

same time.

Please let me know if your office cannot find any

memorandum from me on this subject dated November 14, 1975/

CC:

The Attorney General

- DEG 30-1975

11907)

62-116464-

NOT METHAD

270 FEB 3 1376

501-

65-77-301

crierrousan

# ĐEC 37-1975

camerama

MAR NULD IN

-664-116464

FSI

19/0

Bay U.S. Savings Bouls Regularly on the Payroll Savings Plan

NW 68262 Docld:32989696 Page 17

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## Page 18

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

FBI

Date:

12/24/75

Transmit the following in

AIRTEL

Via

(Type in plaintext or code)

AIRMAIL

(Priority)

ITO:

DIRECTOR, FBI (62-116464)

FROM:

SA

TAMPA (66-721)

HOUSE STUDY /15.

ReBUnitel, 12/15/75.

TPnitel to

Bureau, 12/17/75.

C.Q. SMITH contacted 12/24/75, upon his return to

St. Petersburg, Fla., and was

advised of the contents of

referenced Bureau nitel.

• Bureau

- Tampa

JJG: 1s

(3)

REC-51

12-122

- 248

17 DEC 29 1975

Approved:

84 JAN 1 3 197 actal Agent in Charge

NW 68262 Docld:32989696 Page 18

Sent

_M

Per

# U.S. GOVERNMENT PRINTING OFFICE: 1971-413-135

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## Page 19

FEDERAL BUREAU OF INVESTIGATION

COMMUNICATIONS SECTION

LKb,2 4 1975

BE POT AX PLAIN

TELETYPE

18:35 PM NITEL DECT ?4, 1975 VAN

TO :

DIRECTOR (63-114464)

HOUSTON (62-2099)

sitate indies

Assoc. Dir.

Vep.-A.D.-Acime

Dep.-A.D.-Inv.

Asst. Dir..u.

Admin.

Comp. Syst.

Ext. Affairs

Files & Com.

Gen. Inv.

Ident.

Inspection

Intell.

Laboratory

Plau. & Eval.

Spec. Inv. -

Training -

Legal Coan. -

Telephone RId T

Director seck

FROM

HOUSE CTUSK 75-

115

REFFRENCE BUREAU TELETYPE TO ALEXANDPIA, DECEMBEP. 15,

1975; AND HOUSTON TELETYPE TO ALEXANDRIA, DECEMBER 19, 1075.

ALL FOPMER AGENTS MENTIONED IN REFEPENCEN BUREAU

TELETYPE AS RESIDENTS IN ALEXANDPIA AREA HAVE REEN CONTACTED.

HOUSTON SHOULD DISCONTINUE EFFORTS TO CONTACT WILLIAM JARVIC

COODMIN AT BEAUMONT AS HE WAS LOCATED AT ARLINGION, VIRGINIA.

BAD .

Rm. 3658

HOLD

62-116444-247

REC-30

BE JAN ry 1976

123840090

154063

8 4 JAN 1 9 1976

NW 68262 Docld:32989696 Page 19

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## Page 20

The Attorney General

2 -

J. A. Mintz

(1 - Mx. Hotis)

1 - Mr. R. J. Gallagher

(Attn: J. J. Boyd)

1 - Mr. " January

uMan 2, /1976

1 - Mr. W. 0. Cregar

1 - Mr. T. J. McNiff

U. S. HOUSE SELECT COMMITTEE

ON INJELLIGENCE ACTIVITIES (HSC)

Reference is made to a letter dated November 3,

1975, from Mr. Michael E. Shakeen, JT., Special Gounsel

Intelligence coorcination, to hit. John A. kintz,

Assistant Director, Legal Counsel Division, Federal

Bureau

of Investigation,

entitled "House Select Connittee Letter

dated October 20." Referenced letter advised that, should

the FBI have questions concerning an appropriate response

to the enclosed letter from the HSC dated October 20, 1975.

contact should be had with Mr. Steven Blackhurst of

Mr. Shaheen's staff.

The purpose of this letter is to confirn that

on December 16, 1975, Mr. Blackhurst advised Special Agent

Thomas J. McNiff of this Bureau that the FBI can disregard

the request contained in the letter of the HSC dated

October 20, 1975.

62-116464

EX. 104

mal/

I - The Deputy Attorney General REC-51

Attention:

Michael E. Shaheen, JT.

OR, 52. 62-1112444-246

Special Counsel for

Intelligence Coordination

E: JAN 6 1976

WOC: 1hb |hb

Assoc. Dir. -

Dep. AD Adm. -

(114)

Dep. AD Inv. -

Asst. Dir.:

Admin..

Comp. Syst. -

-1 - 44-49940

Ext. Affairs -

Files & Com. -

Gen. Inv. -

Ident. -

Inspection

Intell..

Laboratory

Plon. & Eval. _

Spec. Inv.

Training

Legal Coun.

Telephone Rm. _

Director Ser

ANTO

NW

61

Docld:32989696 Page 20

i !!

TELETYPE UNIT I

GPO: 1975 0 - 569-920

UNTLCORDED COPY FILED

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## Page 21

2

Mr. J. A. Mintz

(1 - Mr. Hotis)

1 - Mr. W. R. Wannall

1 - MI. W. 0. Gregar

November 26, 1975

The Attorney General

Director, FBI

U.S. HOUSE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIES (HSC)

Enclosed herewith is a Xerox copy of a letter

dated November 18, 1975, furnishing information to the

Intelligence Community Staff (ICS) for ultimate delivery

to the HSC.

By letter dated November 10, 1975, to the ICS,

the HSO requested a list of all contracts executed between

the intelligence agencies, including the military

Intelligence branches, and the following private industri

(1)

Bell Telephone Laboratories

(2)

Research Institute of America, Inc.

(3)

TRW, Inc.

(4)

Motorola

(5)

Polaroid Corporation

(6)

Bectal Industries

Subsequently, by letter dated November 11, 1975,

the ICS advised it would assemble a compilation for the

entire community and requested input from the FBi in this

regard.

On November 18, 1975, this matter was discussed

Assoc. Dir.

orally betueen Special Agent Andrew J. Duffin of this Bureau

Dep. AD Adm. -

Dep. AD Inv. --

and Mr. Michael E. Shaheen, Jr., of the Bepartment, Following

Asst. Dir.:

which the enclosed letter which contains the FBI's response

Admin.

Comp. Syst. -

was sent to the ICS.

REC-5l

Ext. Affairs

EV 104

- 02-14044

245

Files & Com. - 62-116464

Gen. Inv. -

Ident.

Inspection -

Intell. -

Laboratory

Plan. & Eval. -

AJD: 1hb/hb

(8)

Spec. Inv. --

Training -

Legal Coun. _

Telephone Rm. _

1.111

Adi & 5782

Director Sec'y -

MAIL ROOM

TELETYPE UNIT

aPO: 1975 0 - 569-920

6826A Molid: 32189696 Page 21

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## Page 22

-

the Attornoy Conezal

¿so shohoon, copy de chio letter la alca balry fuenia to

linclosura

I. - Cho Laputy Attornoy Earcral - Enclosure

detonizon:

lachel Li. Sinkach, Js.

SPOOLOL CONTECH LOI

Inccligenad Ccordinatzon

:

• 2 .

NW 68262 Docld:32989696 Page 22

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## Page 23

OFFICE OF THE DIRECTOR

UNI

&D STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D.C. 20535

November 18, 1975

By Liaison

Jack E. Thomas

Major General, USAF (Ret.)

Chief, Coordination Staff

Intelligence Community Staff

Central Intelligence Agency

Washington, D. C. 20505

Dear General Thomas:

Reference is made to your letter dated

November 11, 1975, addressed to FBI Liaison Officer

Vernon H. Weimar,

your number DCI/IC-75-3851.

In response to your request, the following is

the only contract this Bureau has entered into with any

of the six listed companies since January 1, 1973:

TRW Systems Group

7600 Colshire Drive

McLean, Virginia 22101

$255,148.00

June 30, 1975.

It is noted this does not include contracts

between the FBI and other intelligence agencies, nor does

it include purchase orders written to any of the mentioned

companies.

Sincerely yours,

Clarence M. Kelley

Director

245

57783-1974

NWV 68262 Docld:32989696; Page 23

62-116464-

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## Page 24

OPTIONAL FORM NO, 10

MAY 1962 EDITION

GSA FPAR (41 CFR 101-11.6

~ UNITED STATES GOVERNMENT

Memorandum

Assoc. Di

Dep: AD

TO

: Mr. J. B. Adams •

FROM

: Legal Counse

1

- Mr. Mintz

1

- Mr. Adams

1 - Mr. Cochran

I - Mr.

Wannall

DATE: 11/12/75

1 - Mr. Cregar

1 - Mr. Hotis

1 - Mr. Daly

Admin.

Comp. Syst.

Ext. Affairs

Files & Com. -

Gen. Inv. _

Ident. -

Inspection

Intell.

Laboratory!

00051

Legal Coun

Plan. & Eval.

SUBJECT, HOUSTUDY - 75

Spec. Inv. _

Training -

Telephone Rm. _

Director Sec'y -

Section Chief William Harward of the Laboratory Division

who had previously been cleared to give a deposition to represen-

I tatives of the House Select Committee appeared for a deposition in

that Committee's space on 11/11/75.

During the course of his interview which pertained to

the U.S. Recording Company and the utilization by the Bureau of

other companies in a similar fashion, i.e. cutout purchases, he

did not respond to a question as to what other companies he

knew

of which this Bureau dealt with indirectly through the U.S. Re-

Hayward indicated to the Committee representatives

that these companies are confidential sources of this Bureau.

Sub-

sequently, Harward advised SA Paul V. Daly of this Division that he

could recall five companies which furnished the Bureau equipment

through the U.S. Recording Company--namely, General Teledyne, Bet

and Howell, Custom Electric, Knowles Microphone and Northeast

Electronics. The aforementioned companies furnished the Bureau

equipment such

as dial recorders, transmitters and microphones.

By way of background, the guidelines

for interviews for

this Committee have followed the guidelines we have utilized with

the

Senate Select Committee in

which a current or former employee

need not respond to questions in four separate categories: (1)

information provided by sources (or any other information) which

might tend to identify a confidential source; (2) information con-

cerning sensitive investigative techniques; (3) information derived

from other Government agencies, including information from foreign

which could adversely affect ongoing investigations. While unlike

the Senate Select Committee, we have no written agreement to the

aforementioned categories but the House Select Committee has not

resisted thus far on our placing limitations on the information

they, may, gain through.

males

by hanter yes

62-116444-244

GOUTENUEDO - OVER

h: 19161100

to

Ther

PVD: Lad 4ü

(9.)

8

9

1976

NW 68268-Docld:32989696

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

Page 24

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## Page 25

Legal Counsel to Mr. Adams

RE.:

HOUSTUDY

Harward did not respond to the question relating to

companies dealing through the U.S. Recording Company with the

Bureau because he felt

that we were dealing with a confidential

source and he could not disclose the identity of same. He in-

dicated that it could be determined by the name of the particular

company what type of equipment this Bureau was purchasing, thereby

disclosing a sensitive technique. This information is protected

by the

guidelines.

On 11/11/75, Richard Vermeire, Staff Member of captioned

Committee, who participated in the interview of Harward was tele-

phonically contacted by SA Daly and it was explained to him the

reason for the reluctance of the Bureau to furnish the names of

• the companies.

Instead, SA Daly offered to

response as to the companies, a generic description of the company .

and the reason for not disclosing the particular information.

Vermeire explained that he could not accept the alternative response.

He volunteered that Chairman Otis Pike and another unnamed Congress-

man were very much interested in this particular matter and that

it would be necessary for the Committee to have the requested

information.

Vermeire stated that Chairman Pike was concerned that

there may be some improprieties involved in this matter and

indicated he would make all the inquires necessary to resolve

this matter.

Vermeire stated that because of Chairman Pike's

interest he was receiving considerable pressure from the Com-

mittee to obtain the necessary information for the Committee

to make a

determination as to whether improprieties existed.

As an alternative, it was suggested to Vermeire that

he might wish to submit a written request asking for the in-

formation and the Bureau could address that aspect.

Vermeire

stated he would not do this. He indicated he wanted the response

from Harward in response to the question asked during the deposition

the conversation with Vermeire indicated the Committee would

pursue this particular aspect further.

CONTINUED - OVER

-:2 -

NW 68262 Docld:32989696 Page 25

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## Page 26

Legal Counsel to Mr. Adams

RE:

HOUSTUDY

If it is determined we should not respond to this

particular question because these companies enjoy a con-

• fidential relationship and/or the disclosure of the requested

information would jeopardize a sensitive technique, a letterhead

memorandum to that effect should be prepared and furnished to the

Attorney General with a copy to the Deputy Attorney General by

cover letter for the Department's forwarding to the Committee.

It should be kept in mind that our failure to furnish the re-

quested information in the deposition does not mean the Committee

would not receive the information in some other fashion. What we

are addressing in this particular memorandum is the fact that we

do not want the information furnished by Section Chief Harward as

part of his deposition. Additionally, consideration should be

given to the fact that by refusing to furnish this particular

information we may highlight this aspect of the House Select

Committee inquiry to Chairman Pike and he may draw unwarranted

conclusions.

To date we have, of course, been scheduled for only

one day of FBI hearings by that Committee and there are in-

dications that this Bureau will not be a major target for the

Committee. Our refusal to furnish

the requested information

could, of course, direct additional attention to the Bureau.

RECOMMENDATION:

That the Laboratory Division in conjunction with the

Intelligence Division should expeditiously prepare the letterhead

memorandum with a cover letter to the Attorney General with a copy

should decide not to furnish the

information.

(*the Laboratory)

107

i to

- 3'-

NW 68262 Docld:32989696 Page 26

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## Page 27

OPTIONAL FORM NO, 10

MAY 1962 EDITION

GSA FPAIR (41 CFR) 101-11.6

UNITED STATES GOVERNMENT

Memorandum

Assoc. Dir.

Dep. AD Adm. -

: 1 - Mr. Mintz:

: 1 - Mr. Bassett.

• 1 - Mr. Cochran

Dap. AD Inv. -

Asst. Dir.:

Admin..

Comp. Syst..

Ext. Affairs

ITO

: Mr. J. B. Adams

FROM

: Legal Counsel

1

DATE: 12/22/75

• 1 - Mr. Wannall

1 - Mr. Cregar

1 - Mr. Hotis •

: 1 - Mr.

Daly

Filos & Com. -

Gen. Inv. -

Ident.

Inspection

Intell.

Laborator

Legal Cou

Plan. & Ex

SUBJECT HOUSTUDY - 75

Spec. Inv.

Training

Telephone Rm..

Director Sec'y -

on 12/22/75, Richard Vermeire, Staff Member of the

House Select Committee, requested that SA Wilbur G. Stevens of

the Laboratory Division be made available for deposition con-

cerning U.S. Recoding Company purchases made by this Bureau.

RECOMMENDATION:

That SA Stevens be released from any existing employment:

agreement for purposes of deposition before the House

Select Com-

REC-5T

62-111044-243

5 JAN * 1976

of

• 1 - Personnel: File - Wilbur G. Stevens

1Bi.113

(10):

84 AN 9

Ww. se dock 3909696 Be 25. Savings Bunds Regularly on the Payroll Savings Plas

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## Page 28

COLRAL DUILAU DE HIPLOIGATION

MMUNICATIONS SECTION

JEC.1 G 1975

TELETYPE

NR 007 AX PLAIN

8:28 PM NITEL

DEC.

16, 1975 VAN

TO:

DIRECTOR (62-116464)

HOUSTON

FROM:

ALEXANDRIA (62-233)(P)-

HOUSE STUDY 75.

Koustud) - 15

REFERENCE BUREAU TELETYPE TO ALEXANDRIA, DECEMBER 15,

Assoc. Dir.

Dep.-A.D.- Adm..

Dep.-A.D.-Inv.

Asst. Dir.:

Admin. -

Comp. Syst -

Ext. Affairs

Files & Com.

Gen. Inv. -

Ident. -

Inspection

Laboratory

Plan. & Eval. -

Spec. Inv. — -

Training --

Legal Coun. -

Telephone Ru. -

Director Secy

1975.

THE HOUSE SELECT COMMITTEE (HSC) HAS INDICATED DESIRE TO

INTERVIEW CERTAIN FORMER BUREAU EMPLOYEES CONCERNING ANY

KNOWLEDGE THEY MAY POSSESS PERTAINING TO THIS BUREAU'S

PURCHASING PRACTICES WITH UNITED STATES RECORDING COMPANY.

LEAD. HOUSTON. AT BEAUMONT, TEXAS. SHOULD CONTACT

WILLIAM JARVIS GOODWIN AT 6550 LEXINGION, APARIMENI 245, OR

AT EMPLOYMENT, LAW OFFICES OF GOODWIN AND HAWIHORNE, 455 MILAM

STREET, AND ADVISE HIM OF ASC IN.

ANILON® FURTHERMORE, SHOULD

HE BE CONTACIED BY HSC, BEFORE SUBMUPTING TO INTERVIEW HE

SHOULD CONTACT THE OFFICE OF LEGAL COUNSREC-5O GIREAU

+116464-242

READQUARIERS COLLECI TO SECURE RELEASE FROM HIS EMPLOYNENIDEC 31 1975

AGREEMENT AND ASCERTAIN PARAMETER WITHIN WHICH INTERVIE A N

CONDUCTED.

END.

HOLD

20

GIJAN

9 1976

ee.

Panach

NW 68262 Docld:32989696 Page 28

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## Page 29

FBI

OFFICE OF THE DEPUTY ATTORNEY GENERAL

WASHINGTON, D.C. 20530

NOV 2 8 1975

1.6

TO:

John A. Mintz, Assistant Director

Legal Counsel Division

Federal Bueau of Investigation

FROM:

SUBJECT:

Michael

Shaheen, Jr.

Special Counsel for Intelligence

Coordination

HSC Request dated November 24

Attached is a letter from the House Select Committee

requesting access to FBI materials concerning various

individuals.

Please prepare an appropriate response.

"/v/5 assigners Mendentall

CC:

Paul Daly

TE 12 62-116464-241

ENCLOSURE

15 DEC 30 1975

lity

que,

LEGAL. COUNSEL

62-116464

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## Page 30

OTIS G. PIKE, N. Y., CHAIRMAN

ROBERT N. GIAINE, CONT.

RODERT MC CLORY, ILL

JAMES V. STANTON, OHIO

DAVID C. TREEN, LA.

RONALD V. DELLUMS, CALF.

JAMES P. JOHNSON, COLO.

MORGAN F. MURPHY, ILL.

ROBERT W. KASTEN, JF., WIS.

LES ASPIM, WIS.

DALE MILFORD, TEX.

PHILIP H. HAYES, IND.

WILLIAM LEHMAN, FLA.

• JEARLE FIELD, STAFF DIRECTI

ARON B. DONNER, COUNSE

TELEPHONE: (202) 225-9751

Select Committee on Intelligence

U.S. House of Representatites

@Castingion, 1.C. 20515

November 24,

1975

Mr. Michael phaneen, JI.

Spec. Counsel for Intel. Coordination

Department of Justice

Washington, D.C. 20530

Dear

Mr.

Shaheen:

Pursuant to a meeting between Mr. Hotis and Mr. Daley of the F.B.I., and

Ms. Ellen Miller of our staff, we are hereby resubmitting our Oct.

3, 1975 request for materials relating to certain FBI informants.

As. was discussed at that meeting, our staff has agreed to cooperate

with the Bureau's suggested procedures in obtaining information

relating to the informants listed below on the case by case basis.

The agreement reached involves the following procedures: 1) submission

of names with specific reference to the material needed by the

Committee; 2)

a request by the FBI to each of the individuals in-

volved requesting. permission for the release of such information in

the cases where the former informant status is not public information;

and 3) immediate access to information on the individuals in cases

where the former. informant status is public information.

We hope

that these procedures will not be too cumbersome and that the in-

• formation will be forthcoming.

Therefore, we hereby request access to all notes, memoranda, files, and

reports pertaining to the former FBI informants listed below:

Alfred Burnett-Seattle bombings

Jeff Desmond--Seattle bombings

David Sannes--Seattle bombings

Horace Parker--Seattle court house damage

Thomas Mosher--Stanford Univ. Anti-war movement

Momlaung Singhata Thomas Tongyai N'ayondlya--

Hobart College, S.D.S. Anti-war demonstrations®

112)

14115

RECEIVED

161117

iNUt wi.375

ENCLOSURE

NW 68262 Docld:32989696 Page 30

62-116464-

241

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## Page 31

Mr. Michael Shaheen, JI.

Page 2

November 242. 1975.

Boyd F. Douglas, JI.--"East Coast Conspiracy to Save Lives"

- Larry Grantwohl--Weatherman S.D.S.

Carl Becker-Vietnam Veterans Against the War (VVAW)

Pablo Manuel Fernandez--VVAW

Eustacio (Frank)Martinez--Chicano organizations

Emerson Poe-- VVAW

'George Denmerle--"Crazies"

Terrence Norman--Kent State University

Charles R. Grimm--University of Alabama

Lawrence Goff--Revolutionary Union

Your prompt attention will be appreciated.

Sincerely,

Staff Director

NW 68262 Docld:32989696 Page 31

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## Page 32

2 - Mr.

J. A. Mintz

(1 - Mr. J. B. Hotis)

1 - MI.

W. R. Wannall

1 - Mir. N O. Cregar

December 16, 1975

1 - Mr. I. A. Mendenhall

1 - MT. P. W. Cool

The Attorney General

Director,

FB

HOUSE SELECT COMMITTEE ON

INTELLIGENCE ACIIVITIES (HSC)

Reference is made to ISE letter dated November 24,

1975, requesting access to all notes, menoranda, files and

reports pertaining to:16 individuals who were informants or

alloged to be informants of this Bureau.

Enclosed for your approval and forwarding to the

uSC is the original of a monorandum which constitutes this

Bureau's response to the above request.

A COpy

of this memorandum is being furnished for

your records.

Enclosuzes * 2

I - The Deputy Attorney General

Attention:

Michael E. Shaheen, Jr.

Special Counsel for

Intelligence Coordination

PHC: dew dew

(10)

F- ENCLOSURE

-

Assoc. Dir. -

Dep. AD Adm. -

Dep. AD Inv. -

Asst. Dir.:

Admin. _

Comp. Syst. _

Ext. Affairs _

Files & Com. -

Gen. Inv. -

Ident.

Laboratory -

Plan. & Eval. -

Spoc. Inv. -

Training -

Legal Coun.

Breakor ser

NW 6a2621

initia

62.116 464)-240

com

15 DEC 30 1975

Vien

"ENCLOSURI

BULKY ROOM"

710166

TELETYPE UNIT

did: 3290

19096 Page 32

GPO: 1975 0 - 569-920

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## Page 33

no p on

62-116464

2 - Мт. J.

A. Mintz

(1 - Mx.

J. B. Hotis)

1 - Mr. W. R. Wannall

1

- Mx. W. O. Cregar

1

- Mr. K. A. Mendenhall

1

-Hr. P. W. Cool

December 16, 1975

U.S. HOUSE SELECT COMMITTEE ON

INTELLIGENCE ACTIVITIES (HSC)

Reference is made to HSC letter dated November 24,

1975, requesting access to all notes, memoranda, files and

reports pertaining to specific activities concerning the

following individuals who were informants or alleged to be

informants of this Bureau:

fish

Alfred Burnett-Seattle bombings

Jeff Desmond Seattle bombings

David Sannes-- Seattle bombings

horace tarker seattle court house damage

Thomas Mosher--Stanford University Anti-war movement

Momlaung Singhata Thomas Tongyài N'ayondlya--Hobart

To 71, at wat at onst conpiracy to

Save Livest

harry Grantwohl Weatherman S.D.S.

Carl Becker--Yietnam Veterans Against the War (VAN)

Pablo Manuel Fernandez--YVAW

Eustacio (Frank) Martinez Chicano organizations

Emerson Poe -YVAW

George Demmerle--"Crazies"

Terrence Norman-Kent State University

Charles R. Grium-University of Alabana

Lawrence Goff--Revolutionary Union

Pertinent material responsive to the above HSC

request has been retrieved and is available for review at

FBI Headquarters by appropriately cleared personnel of the

HSC Staff.

Assoc. Dir. -

Dep. AD Adm. -

Dep. AD Iv. - I - The Attorney General

Asst. Dir.:

Admin..

Comp. Syst.-

Ext. Affairs

Files & Com. -

Gen. Inv. -

Ident..

insolestiont

PHC: dew dew

Me (9)

Laboratory

Plan. & Eval. _

Spoc. Inv. -

Training

Legal Coun

Telophone Rm.

TELETYPE UNIT L

NW 68262 Docld:32989696 Page 33

ORIGINAL AND ONE TO THE ATTORNEY GENERAL.

SEE NOTE PAGE TWO

Your custod

ENCLOSURE 62116464-240-

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## Page 34

U. S. HOUSE SELECT COMMITTEE ON INTELLIGENCE ACTIVITIES (HSC)

NOTE:

CONFIDENTIAT

All of the above 16 individuals are known to this

Bureau.

Six Individals, Alired Burnett, Jeft Desnond,

David Sannes, Bustacio (Frank) Martinez, Charles R. Grimm

and Pablo Hanuel fernandez, were never FBIla approved

Intormants although allegations to that elfect have been

publicized in the past.

Nine individuals, Horace Parker,

Thomas Mosher, Boyd Douglas, Larry Grantwohl, Emerson Poe,

George Demerle, Lawrence GOII, Homlaung singhata Inomas

Iongyai N'ayondlya and Terrence B. Norman, were bureau

informants, whose confidential relationships with this

Bureau have become public knowledge either through giving

testimony or because of irresponsible actions on their part.

Requested material appropriately excised concerning

the

above two categories of informants is being made

available to the HSC. These individuals are not being

notified by this Bureau of HSC interest in their activities

as the informant reports themselves are not being furnished

and the information concerning the specified activity has

appeared in the mass media

With regard to Carl Becker, this individual in

3/73 testified at the VVAW trial in Tallahassee, Florida,

Since 7/72, because of his subversive and extremist contacts,

he continued to furnish valuable information to the New Orleans

Office, and is currently operated by the New Orleans Office

as a confidential source.

If this communication is approved,

New Orleans will be advised that the HSC was furnished an

excised summary of Becker's relationship with this Bureau up to

and including the time of his testimony and no intomation

was volunteered concerning his current status,

New Orlenns

will be instructed to so notify Becker and advise him to be

guided accordingly in the event he is contacted by

representatives of HSC. He

will also be instructed to

immediately furnish his contacting Agent the results of any

such contact.

Above mentioned pertinent material concerning

Sannes, Grimm, Norman, Grantwohl and N'ayondlya has been

previously made available to the sse in response to a

similar request from that committee. Documents being made

available contain only information concerning specific

areas of interest to the ISC with regard to these 16 individuals.

Classified by 6570,

XGDS 2, Indefinite.

CONFIDENTIAt

- 2.

NW 68262 Docld:32989696 Page 34

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## Page 35

5-140 (Rev. 1-21-74) FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D. C. 20535

Addressee:

HOUSE SELECT COMMITTEE

OLTR

• Memo

• Report dated _ 12/16/75

Caption of Document:

U.S. HOUSE SELECT COMMITTEE

•* L

11/24/75 request Re informants

1230

Received by: -

michal Schafer

Title:

Return this receipt to the Intelligence Division, FBI

NW 68262 Docld:32989696 Page 35

---

## Page 36

SEE INSTRUCTIONS ON REVERSE

BEFORE COMPLETING.

CLASSIFY AS APPROPRIATE

FROM:

TO:

Intelligence Community Staff

ATTN: Central Index

FBI

SUBJECT: Abstract of Information Provided to Select Committees

1. HOW

PROVIDED

(check appropriate

for review

but not transmitted,

term.

If a document was made available

so note.)

3 DOCUMENT

BRIEFING

INTERVIEW

TESTIMONY

JOTHER

FOR REVIEN

3. TO WHOM PROVIDED (check appropriate term;

add specific names if appropriate)

2. DATE PROVIDED

12/16/75

SSC

IDENTIFICATION

(provide descriptive data for documents; give name or identification number of briefer,

interviewee, testifier and subject)

Memorandum

3. IN RESPoNse areal readese an am, merative, esponseat formal request, other.

initiative, subpoena, etc.)

HSC letter 11/24/75

U

7. KEy "unde fint rote pasteriate key words from the list provided separately: If key words not listed are

Information handling

Intelligence collection

8. SUMMARY (see reverse side before completing this item)

Available for review by appropriate HSC Staff Members at FBIHO:

All noterials pertaining to specific activities concerning 16

Individuals who vore intornantscos alleged to be informants

for the FEI.

62-116464

(4)

ORIGINAL VIA LIAISON TO CENTRAL COMMUNITY INDEX

IN CONNECTION VITH HOUSTUDY

TREAT AS YELLOW

379 | 16-751

NW 68262 Docld:32989696 Page 36

CLASSIFY AS APPROPRIATE

---

## Page 37

INSTRUCTIONS

• Type or print clearly in ink.

• Indicate classification of the abstract top and bottom.

• Date the abstract and put on any internal control numbers required.

"FROM" entry should clearly identify the organization providing the

information.

• If additions (as when a copy of document sent to SSC is later sent to

HSC) or changes to a previously submitted form are necessary, submit a

copy of the original abstract, with the change indicated.

SPECIFIC ITEM NO. 8. SUMMARY - enter brief narrative statement describing

substance of information and showing relationship to Intelligence Community

matters if appropriate. Any feedback or evidence of investigatory interests

should be noted.

Commitments made to supply additional information should be

noted. Additionally, certain administrative information may be entered here,

e.g., restrictions on review of a document, if document was paraphrased, whether

interviewee is current or former employee, etc. If actual document or transcript

is provided, that fact should be noted and no summary is required. Additional

pages may be attached if necessary.

NW 68262 Docld:32989696 Page 37

---

## Page 38

TO

OPTIONAL FORM NO, 10

MAY 1962 EDITION

GSA FPAIR (11 CER) 101-11.6

UNITED STATES GOVERNMENT

Memorandum

: Mr. J. B. Adams

FROM

: Legal dounseth

SUBJECT: HOUSTUDY

1 - Mr. Mintz

1

- Mr. Cochran

1 - Mr. Wannall

DATE:12/29/75

1 - Mr. Cregar

1

- Mr. Hotis

1 - Mr. Daly

Assoc. Dir.

Def, Al 1am. -

Dep.

Asst. i

Admin.

Cómp. Syst. _

Ext. Affairs -

Filos & Com. -

Gen. Inv..

ident..

Inspection

Intell. -

Laboratory

Legal Coul.

Plan. & Eval.

Spec. Inv.

Training

Telophone Rm. -

Director Soc'y -

4

On 12/24/75, Richard Vermeire, Staff Member of the

House Select Committee, requested that SAs McNair W. Perry,

William D. Campbell, Royce V. Colby, G. Owen Verven, and

John P. Wilgus be made available for deposition concerning

their knowledge of U.S. Recording Company purchases made by

this Bureau.

RECOMMENDATION:

That SAs Perry, Campbell, Colby, Verven, and Wilgus

be released from any existing employment agreement for purposes

of deposition before the House Select Committee concerning U.s.

Recording Company purchases made by this Bureau.

Fistitan

to you

1 - Personnel File - William D. Campbell

1

1

1

- Personnel File - Royce V. Colby

- Personnel File - McNair W. Perry

- Personnel File - G. Owen Verten ":

1 - Personnel File - John P. Wilgus

02-116464-

239

• DEC 31 1975

EX 104

Lad HID

LEGAL

(14)

1156 JAN

NW 6826x-locld:32989696

old: 2989696 Bag, Savings Bonds Regularly on the Payroll Savings Plan

---

## Page 39

OFTIONAL FORM NO. 10

MAY 1962 EDITION

GSA FPAR (41 CFR) 101-11.6

UNITED STATES G

ERNMENT

Memorandum

Assoc. Dir.

Dep. AD Admo

Dep. AD Inve

TO

: Mx

• J. B. Adams

FROM : Legal Counsel Jh

SUBJECT: HOUSTUDY

1.17

1 - Mc. Mintz - Enc.

1 - Mr. Adams - Enc.

1 - Mr. Jenkins - Enc.

DATE: 12/22/75

1 - Mr. Bassett - Enc.

- Mr. Moore - Enc.

- Mx. Wannall - Enc.

- Mr. Cregar - Enc.

- Mr. Hotis - Enc.

1

. - Mr. Daly - Enc.

Asst. Dir.:

Admin.

Comp. Syst. _

Ext. Affairs -

Filos & Com. -

Gen. Inv. -

Ident..

FATH

Inspection

Intell..

Laboratory.

Court.

Plan. & Eval. _

Spec. Inv. -

Training

Telephone Rm. -

Director Sec'y —

Attached is an article which appeared in the Washington

Star News on December 21, 1975, written by Orr Kelly alleging that

the Internal Revenue Service (IRS) agents and General Accounting

Attice (GAO) auditors had entered into the investigation of the

FBI's dealings with the U. S. Recording Company•

The article

alleges that the IRS is running

"net worth" checks on past and

present Bureau officials along with Joseph Tait, the President

of U.S. Recording Company •

Richard Vermeire, Staff Member of captioned Committee,

advised SA Paul V. Daly of this Division that to his knowledge the

allegations contained in the Kelly article are without foundation.

He stated the Committee did meet with IRS representatives sometime

ago to discuss this matter but he had no indication that anything

had been done by Irs in this regard and that he knew of no other

staff member on the Committee that had such information. Ad-

ditionally, concerning the allegations of GAO auditors. looking

into this matter, Roger Carroll the accountant who is

going over

the U.S. Recording Company records is a GAO employee who has been

Massigned to captioned Committee.

Carroll's work product will re-

main with 'the House Select Committee and in no way is this inquiry

connected with GAO.

Vermeire stated that with regard to the Orr Kelly

article and his observations concerning it that he was also

speaking for Timothy Oliphant, the other Staff Member of

captioned Committee who is participating in the inquiry.

Vermeire speculated that the source of the news article was

Committee Counsel. Aaron Donner; however, he did not indicate

the basis for this speculation.

REC-25

62-116468258

DEL. :87 1975

RECOMMENDATION:

Si-115

For information.

Enclosure

PVD: lad %1

(11)

26%%

SAN 2

1976

C..:

NW 68262-docld:32989696

Baye YS. Savings Bonds Regularly on the Payroll Savings Plan

---

## Page 40

0-19 (Rev. 5-5-751

Dep. AD Adm. -

Dep. AD Iny. -

Asst. Dir.:

IRS A

nts, GAO Auditors Cah

Dealings of an FBI Front Probed

Inspection

By Orr Kelly

Kaiser told the commit-

Intell. -

Ine law permits agencies

Washington Star Stait Writer

, tee he had signed up the bu-

such as the FBI to bus

Laboratory

reau as a customer in the

The

House Intelligence

Committee

has called

in

late 1900s -by writing to I.

without competitive bids

Legal Cour.

Internal Revenue Service

Edgar Hoover and describ-

through tront comparies so

Plan. & Eval.

ing some devices he had in-

it will be more difficult for •

agents

and General

As-

vented to detect telephone

foreign intelligence agents

Spec. Inv...

counting Office auditors to

taps and other kinds of

to find out what kind of

Training -

help in a potentially explo-

electronic surveillance

sive

investigation

equipment

U.S.

agencies

Telephone Rm. _

bugs. The late FBI chief

are

using and to

devise

housekeeping

side of

was

to such

FBI.

the

so impressed, Kaiser

countermeasures

Director Sec'y -

said, thät ne invited him in

equipment. But that still

Until the now investiga-

or a personal meeting

leaves a problem with the

tion

was

started, both

Shortly afterward, Kaise

law limiting sales of bugs.

House and Senate

select

said in an

interview,

commiltees on intelligence

began

getting

he

Kaiser said he became

orders

had been focusing on past

misdeeds of the intelligence

through U.S. Recording Co.

more suspicious one day

when

he. was visiting an

He said he dropped by the

FBI office and saw an in

and investigative arms of

firm's warehouse-like

voice from U.S. Recording

the bureau - especially the

pullding at l31l South Capi-

for equipment he had deliv-

15-year effort to disrupt the

t0l St. and met Joseph X.

ered to the bureau showing

activities of a variety «t

suspected domestic subver-

a 30 percent markup.

sive organizations.

Tait,

president,

but

But now the committee is

never did get past tha font

ALTHOUGH attorneys

door.

zeroing in on the other side

for the company have re-

portedly told the committee

of the bureau's operations

and asking whether there

has been financial corrup-

tion within the bureau -

and whether it exists today.

WHILE THE FBI'S mis-

deeds in the area of intelli-

gence

and

investigations

have Jargely involved men

who are retired or dead, the

new

investigation reaches

into an area of the bureau's

operations that has supplied

all of the top officials who.

workang directly under FBI

• Director Clarence M. Kel-

ley, now run the bureau.

The

House committee's

interest in the business and

financial side of the FBI

began this fall when Martin

Kaiser. who makes 480 dir-

ferent kinds of "electronic

widgets,'

" as he calls them,

at a plant in Cockeysville,

Md., and sells them to a

variety of American and

foreign police and intelli-

since

agencies told the

committee

about an ob-

KAISER SAID it quickly

became

apparent to him

that U.S. Recording was

simply serving as a front

for

the FBI.

Committee

investigators have

nOW

found U.S. Recording also

has

served as a similar

front for CIA and White

House purchases, although

Kaiser

said his sales to

other government agencies

were made directly rather

than through a front.

So. Kaiser said, he began

making deliveries directly

to the bureau, even though

the paperwork

and

pay-

ments went through U.S.

Recording. But even that

worried him,

he said, be-

cause it is illegal to sell

surveillance equipment to

anyone except a law en-

forcement agency. Techni-

cally,

the deal with. U.S.

Recording was illegal even

though the equipment was

being delivered. directly to

the bureau.

that the markup averaged

only about 12 percent to

the

Rage or th ma hug ran

about 25 to 30 percent, com-

pared with a reasonable

figure for the work involved

of about 5 to 10 percent, ac-

cording to committee

sources.

When Kaiser first came The Washington Post.

to the committee, what he Washington Star-News _A

had to say seemed to in- Daily News (New York) -

volve, at most, a relatively

minor problem. Even a 25

The New York Timas —

„markus

the The Wall Street Journal -

$150,000 worth of business The National Observer -

Kaiser did with the bureau

would have produced only

The Los Angeles Times

937,500 - a relatively small

DEP

Date

scure

Washington

firm

known as U.S. Recording

00.

62-116464-238

• NW-68262 Docld:32989696 Page 40

---

## Page 41

+3

amount when spread over a

persochos heif a dozen years.

But the GAO auditors

have now determined,

ac-

cording

to committee

sources,

that U.S. Record-

ing's business with the bu-

reau ran about $750,000 a

year. À 25 percent markup

on that amount would come

to $187,500 a year.

Where did all that money

до?.

TO FIND OUT, internal

revenue agents are running

"net worth" checks on Tait,

the president of u.s.

Recording, and some

and present bureau onciais

who have been involved in

the administrative side of

"net worth"

agents establish a person's

net worth at one time, then

determine it at a later time

and then ask the person to

account for the difference

in the two figures.

The dominant figure

the administrative area of

'the bureau's operations for

a decade and-a-halt Was

John P. Mohr, who retired

three years age as the lop.

administrative

official

the bureau. Last week, ac.

cording

to

committee

sources,

Monr refused to

give a statement to com-

• mittee investigators under

Men who were closely as-

sociated

with Mohr

dominate the upper eche-

lons of the bureau

archy, with the exception of

himself.

Nicholas

Callahan is the top aide to

Kelley. Thomas Jenkins is

tne associale director in

charge of the administra-

tive side of things — the job

Mohr had attra-sime of his

retirement. James Adams

has switched over

the

• investigative side of the bu-

reau and is now Jenkins

counterpart responsible for

that phase of bureau opera-

tions:

WHEN QUESTIONS

were first raised about the

relationship between U.s.

Recording and the bureau,

Atty. Gen. Edward M. Levi

asked Kelley to investigate.

The official in charge of the

investigation is Harold N.

Bassett, the assistant direc-

• tor in charge of the inspec-

tion division, Bassett, who

was a close associate of

Mohr's, is one of only two

assistant directors who re-

port directly to Callahan.

Accordina to committee

Tait said,

when

called up for questioning by

the committee staff, that he

had talked beforehand with

Callahan. His advice,

Tait

reportealy, said, was to "tell

the truth.

The close personal rela-

tionship between Mohr and

ait first came to public

attention earlier this yea

when Mohr gave a deposi-

tion in a lawsuit. Mohr, who

is the executor of the estate

0i Clyde Tolson,

for many

years the top aide to Hoo-

is being sued by Tol-

son's brother.

Mohr valunteered a list of

38 men - including top effi-

cials of both the FBI and

CIA - who had taken part

in marathon poker games

at the Blue Ridge Lodge

• located in Virginia and not

far from Harper's Ferry,

W.Va.

"We played draw poker

Nothing

tud, seyen card

he

said. Another former bu

reau official said it was not

unusual for the winners to

take home $150 and the

losers to go home that

much poorer.

MOER NAMED" Tait as

one of those who took part

in the games, and commit-

tee investigators have since

learned that he was the one

who arranged for the poker

individual payments

'Kecording or Tait did not

pick up the tab.

NW 68262 Docld:32989696 Page 41

183.700.1.7

When committee

inves

ugtors went out to look at

the lodge tate last month

and examine its records,

they found that the lodge

had burned down the day

before.. But

records

were

not lost, and local

investigators have blamed

the blaze on an electrical

At this point the commit-

tee' investigators have

many more questions than

answers. The

significance of the investi-

gation is that the questions

they are asking are the kind

that have not

about the bureau since a

young Hoover too's over the

plagued almost every other

police agency.

---

## Page 42

2" 1a

TO

OPTIONAL FORM NO. 10

5010-106

MAY 1962 EDITION

GSA GEN. REG. NO, 27

UNITED STATES GOVERNMENT

Memorandum

: MR. CALLAHAN

DATE:

12-18-75

Assoc. Dir.

Dep. AD Adm

Dep. AD Inv. _

Asst. Dir.:

Admin. -

Comp. Syst. _

Ext. Affairs

-

Files & Com. -

Gen. Inv. -

Ident. -

Inspection -

Intell. 1

Laboratory -

Plan. & Eval. -

Training

Legal Coud.

Telephone Rm. -

Director Sec'y -

FROM : T. J. JENKINS

Keirate.

SUBJECT: INTERVIEW OF ASSISTANT TO THE DIRECTOR

THOMAS J. JENKINS BY TIM OLIPHANT OF THE

'HOUSE COMMITTEE ON INTELLIGENCE CON-

CERNING U.S. RECORDING COMPANY

There is attached a write-up containing the substance of the

interview which should be referred to Mr. Mintz for forwarding to the

Department.

RECOMMENDATION:

That upon approval the attached write-up be made available to

Mr. Mintz for forwarding to the Department in accordance with our usua

procedures.

ST. 115)

REG-51

62116464-23781

ww.kcsuc.omm

5 JAI. 2$ 1576

Let

to AC

117/76

FIC.

Enc.

TJJ: pmdy

(4)

1 - Mr. Bassett

1 - Mr. Mintz

5-8

NW 68267/Pold |Pogld:32939696 Page 42

---

## Page 43

OPTIONAL FORM NO, 10

MAY 1962 EDITION

GSA FPAIR (41 CFR) 101-11.6

UNITED STATES GOVERNMENT

Memorandum

: MR. JENKINS

FROM

J. FEENEY, JR.

dow.

SUBJECT:

INTERVIEW OF INSPECTOR THOMAS J.

FEENEY, JR., BY TIM OLIPHANT OF

THE HOUSE COMMITTEE ON

INTELLIGENCE CONCERNING U. S.

RECORDING COMPANY

DATE: 12-18-75

Assoc.Dir. -

Dep. AD Adm. -

Dep. AD Inv._

Asst. Dir.:

Admin..

Comp. Syst. -

Ext. Affairs

-

Files & Com. -

Gen. Inv._

Ident. -

Inspection

Intell. -

Laboratoly

"lan. &

Spec. Inv

Training

Telephone Rm. -

Director Sec'y -

There is attached a write-up containing the substance of the

interview which should be referred to Mr. Mintz for forwarding to the

Department.

RECOMMENDATI ON:

That upon approval the attached write-up be made available to

Mr. Mintz for forwarding to the Department in accordance with our usual

procedures.

Eng!

tir: mis

(4)

1 - Mr. Bassett

1 - Mr. Mintz

Cuclause detachool and

sent to 18 + WH by Buled /20/16,

captiones i use delia, Committee on

stelese Caten to teo 116464)

ST. 115

62-116494-2374

5 JAY: 05 03

FAUNA SUPERICAN MATiMeSa

84

1202 8 1976

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

NW 68262-Dbcld:32989696 Page 43

---

## Page 44

CONE TOENT TAI

Airtel

To:

SAC, New Orleans (134-1140)

From: Director, FBI (134-21446)

CS

SM

2165-3

lt'.

W.O. Cregas

1. - Mr.

Hole. Shackelfor:

1 = Mx.

K.A, Meadenha?]

I a Mir. P.V. Cooks

12/18/75

For information of the Nev Orleans Division, the

U. s.

House select committee on.

Intelligence Activities abs

requested by communication dated 11728/75 access to information

regarding 16 individuals who were informants or alloged to

be

informants ci this Bureau. Above captioned individual. was

one of the individuals on whom information vas sought.

The ISC requested information concerning source's participation

I1 Vietnam. Veterans Against the War (VVAW) activitles.

As you are aware, this individual had

furnishod

information concerning VVAl activities and testified for the

Government during the Gainesville 8 trial in 1972. As a

xesult of this individual's testimony, he received publicity

through the nevs media.

Although it is unknows how the

NSC obtained source's identity, it is believed that his

identity was made known possibly as a result of his

publicity during this trial.

In view of the above, you are to advise the source

that in response to the HSC request for information concerning

source's involvement with

. VAY activities the Bureau released

information limited to his VVAV participation. The present

Status of this individual has not been made known to the

HSC.

You should instruct source that in the event any

truet source

inquiry is made of the source by any HSC representative,

the contacting Agent should be immediately notified before

any response is nade to the HSC.

0N116461

50-116161

DHC: dew

(8)

SEE NOTE PAGE TWO

rr,

ORIGINAL FILED

CONE

YE OW

IAL

62-116565-

Clabcitied by 6570

• Exempt from GDS,

Category 2

Date

of Declassisication Indefinitil f

NOT RECORDED

323

84 JAN 8 1976

-NW-68262-Docld:32989696 Page 44

---

## Page 45

CONFI

DEN.

Airtel to New Orleans

Re: CS NO 2169-S

134-21445

NOTE:

As indicated above in order to be responsive to

HSC request, information pertaining to activities of CS NO 2169-s

in VVAN matters is being made available to the HSC. This

individual was utilized as a security informant by the

New Orleans Division and Iurnished valuable injormation

concerning VVAW activities.

Source was utilized as a

Governnent witness during the Gainesville & trial in

Tallahassee, Florida, in 1972, and as a result received

newspaper publicity.

source,

however, continued to furnish

information to the New Orleans Division and was utilized by

New Orleans

as a potential security informant until 9/75 when

FBI

Headquarters determined that the majority of information

furnished by this individual was obtained as a result of his

position.

Therefore, he was changed to a confidential source.

It is noted that source continues to furnish valuable information

pertaining to security and extromist activities to the New Orleans

Division.

The ISC is not being furnished information concerning

the present relationship of source with this Bureau.

This

individual is being requested to contact the Bureau in

request is received by him from the HSC.

CONFIDENTIAL

= 2 -

NW 68262 Docld:32989696 Page 45

---

## Page 46

FEDERAL BUREAU OF INVESTIGATION

COMMUNCATONS SECTION

DEC 1 8 1975.

TELETYPE

PGH

ARKIE NO PLAIN

• 7806PM

NIJEL

ECEMBER 18, 1975

TO

DIREC

• FBI (02-116464)

ALL

ADRIA (62-235)

FROM

HQUSTON (62-2998)

HOUSE STUDY *75

RE AX NITEL TO DUREAU AND HOUSION, DECEMBER 16, 1975.

ON DECEMBER 18, 1975, JOE GOODWIN ADVISED HIS DROTHER

WILLIAN JARVIS GOODWIN DEPARTED BEAUMONI, TEXAS, FOR ARLINGTON

•VIRGINIA, ON DECEMBER I7, 1975. WILLIAM GOODWIN WILL REMAIN

IN ARLINGION, VIRGINIA, UNTIL NEW YEAR'S. WILLIAM GOODWIN

CAN BE CONTACIEN THROUGH NORMA BOSTICK, LOKI SOUTH SCOII,

UNSEL

ARLINGION, VIRGINIA, IELEPHONE NUMBER 703-780-6059.

ALEXANDRIA AT ARLINGION, VIRGINIA: THROUGH NORMA DOSTICK, 2

ADVISE WILLIAM GOODWIN OF INFORMATION SET QUI IN ABOVE ALEXANDRIA

NITEL IO DUREAU • ALEXANDRIA ADVISE HOUSTON WHEN CONTACI MADE.

HOUSTON AI BEAUMONI, TEXAS: WILL MAINIAIN CONTAGI WITH JOE

GOODWIN RE CHANGE IN ITINERARY OF WILLIAM JARVIS GOODWIN.

END

ST-103

Assoc. Dir.

Dep.-A.D.-Adm:

Dep.-A.D.-L9Va

Asst. Dir.s

Admin.

Comp. Syst

Ext. Affair

Files & Com.

Gen. Inv. -

Ident

Inspection

Intell. W

Laboratory

Plan.

& Eval

Spec. Inv.

Training

Legal Coun

Telephone Rm

Din

GEIVED

ct9 62-116462231

SO DEC 30 1975

7 9 JAN

71976}

NW 68262 Docld:32989696 Page 46

---

## Page 47

1 - Mr. Walsh

1

- Mr. S. R. Burns

1 - Mr. Mintz

1 - Mr. Hotis

1 - Mr. Taylor

ST 115

December 22, 1975

REC 67

62116461-236

Honorable Ronald V. Dellums

House of Representatives

Washington, D. C. 20515

Dear Congressman Dellums:

This is in response to your letter to me dated

December 5, 1975, in which you advise you had not received

my reply to your letter of September 29, 1975. Attached is

a true copy of my earlier response dated October 20, 1975,

which had been mailed the following day to your Washington,

D. C., office.

I trust this is satisfactory to you.

Sincerely yours,

3. Ma. Kellen

Clarence M. Kelley

Director

Enclosure

Assoc. Dir. -

Dep. AD Adm. -

Dep. AD Inv. _

Asst. Dir.:

Admin..

Comp. Syst.

Ext. Affairs

Files & Com. _

Gen. Inv. -

Ident.

Inspection

Intell. _

Laboratory

Plan. & Evol. - RTT: dkg

Spoc. Iny. _

Training

Legal Coun.

Telephone Rm. -

NOTE: See Legal Counsel to Mr. Adams memorandum dated 12-17-75,

captioned "Request by Representative Ronald V. Dellums for Reply to

his Letter to Director Kelley Dated 9-29-75. Representative Dellums'

letter of 9-29-75 sought information regarding our Berkeley, California,

RA as well as information concerning minority employment and "black

bag" jobs.

MAILSD 7

DEG 281375

*-F91

pons

MAIL ROOM

TELETYPE UNIT I

WW -Docld/02987096 Page 47

GPO: 1975 0 - 569-920

---

## Page 48

..=

TRUE COPY

October 20, 1975

Honorable Ronald V. Delluns

House of Representatives

Washington, D. G.

20515

Dear Congressman Dellums:

This is in response to your letier to me dated

Soptember 29, 1975, which was received on October 7, 1975,

To clarity your inquiries, it should be noted the

Resident Agency at Berkeley, Califomia, operates under the

seneral supervision of the

Federal Bureau of Investigation's

San Francisco Office.

The complement of Special Agents assigned to the

Berkeley Resident Agency

is consistent with need

• In that

portion of the torritory for which our San Francisco Field

Office is responsible.

The assigment of personnel to the

Berkeley Resident Agency is in proporcion to chat of areas

of similar size and of like metropolitan composition.

The FbI applies a positive program aimed at cir-

culating opporcunities in the FBI for members of minority

groups and attracting those tho are interested and qualitied.

Our positive program, which rcceives guidance through the

Bureau's Office of Iqual Employnent Opportunity Affairs at

Spocial Agents In Charge of our 59 field offices and their

Agents headquartered in Derkeley, we do have Special Agents

Orientals, and fomale Special Agents assigned to ou

San Francisco Office and they are available for assignmeni

TRUE CORY

NW 68262 Docld:32989696 Page 48

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## Page 49

, *=

TRUE COPY

Honorable Ronald V. Dellums

Based on a survey during March, 1975, the San Francisco

Office was devoting under 20 percent of its time to domestic

intelligence (internal security) matters. This survey did

not break down the allocation of manpower below the field

office level.

The Special Agent in Charge of every FBI field

office is responsible for the use of the manpower in his

office.

He has the authority to deploy specially trained

personnel as necessary. Our Apprehension Teams, which have

as their objectives the enforcement of laws within our juris-

diction and the protection of lives, may be used in FBI

cases in which the risk of danger to human life is greater

than normal. When we have jurisdiction, the decision of how

best to respond is ours alone.

We do not anticipate any

conflict with state or local law enforcement agencies in

this regard.

By "black bag" operations I assume you mean sur-

reptitious entries. Since the matter is being reviewed by

the Department of

Justice, it would be inappropriate for me

to discuss it.

Sincerely yours.

/s/ Clarence M. Kelley

Clarence M. Kelley

Director

-2.

TRUE COPY

NW 68262 Docld:32989696 Page 49

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## Page 50

Congress of the United States

House of Representatives

RONALD V. DELLUMS, 7TH DISTRICT, CALIFORNIA

DISTRICT OF COLUMBIA COMMITTEE

CHAIRMAN, SUECOMMITTEE ON EDUCATION

ARMED SERVICES COMMITTEE

December 5, 1975

Burs

WASH

Assoc.

Di

Dep. AD

Dep. AD love

Asst. DiR:

dmir

comp. Syst

Ext. Affairs

Files & Com. -

Gen. Inv. -

Ident. -

Inspection -

Intell. -

Laboratory.

Legal Coun.

Plan. & Eval. -

Spec. Inv. -

Training -

Telephone Rm. -

Director Sec'y

Mr. Clarence M. Kelley, Director

Federal Bureau of Investigation

United States Department of Justice

Washington, D.C.

20535

Dear Director Kelley:

On September 29, 1975 1 wrote to you requesting additional information

regarding the operation of the Berkeley Field Office of the Bureau.

To this date my records reflect that I have not received a reply to

that inquiry? I would apprectate your forwarding such a reply to my

office as expeditiously as is possible.

I thank you for your cooperation.

Sincerely yours,

coil tellin

Ronald V. Dellums

Member of Congress

:"1:

RVD/hlh

-(CALIFORNIA)

ST

30

ST. 115,

REC 67 62-114444.236

22 DEC 18 1975

Hck let

12-18-25

NW 68262 Docld:32989696 Page 50

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## Page 51

OPTIONAL FORM NO, 10

GSA FPAIR (41 CFR 101-11.6

* 'UNITED STATES GI

RNMENT

Memorandum

TO

FROM

:Mr. J. B. Adams

•Legal

counser

1 - Mr. Mintz

1 - Mr. Cregar

1 - Mr. Hotis

DATE: 12-10-75

1 - Mr. Daly

1 - Mr. Miller

SELECT COMMITTEE ON

INTELLIGENCE ACTIVITIES

Assoc. Dir.

Dep. AD Adms

Dop. /AD Iny

Asst. DirA

Admin;

Compf Syst.-

Ext. Affairs _

Files & Com. _

Gen. Inv. -

Ident. -

Inspection

Intell. -

Laboratory

Legal Cours

Plan. & Eval. -

Spec. Inv.

Training

Telephone Rm. -

Diroctor Sec'y —

On 12-10-75 the House Select Committee heard testimony

from Roger Fischer (phonetic), Professor Of Law, Harvara

University; former Attorney General Nicholas deB. Katzenbach;

and McGeorge Bundy. The major topic of discussion was covert

operations abroad.

Of particular interest to the Bureau was a question

by Representative Morgan Murphy to Mr. Katzenbach. Mr. Murphy

asked what Mr. Katzenbach would recommend in the way of

controls of the FBI other than Congressional oversight.

Katzenbach suggested limiting the term of the Director, tightening

electronic surveillance legislation, requiring specific author

zation to investigate

groups and creating administrative or

legislative procedures which would grant the Attorney General

more power to review FBI activities; for example, giving a

prosecuting Government attorney access to FBI files.

Congressman Murphy asked if the FBI requested

local police departments to conduct illegal wiretaps and

thereafter received from the local police information gained

from those taps.

Katzenbach responded that he did not know

the answer to that question.

He said he suspected it took

place, but the FBI never told him about that. Later, Congressman

Philip Hayes asked Katzenbach, in effect, if he suspected it

"took place why he didn't do something.

Katzenback responded

that on occasion he did make inquiry but the FBI told him it

was not done. Katzenbach stated one should remember the

Attorney General, Of

necessity, treated J. Edgar

kia, gloves.

3062-11611 yer witi235

DEC 23 1975

The prepared statemepts

Bundy are attached.

RECOMMENDATION:

For information.

of Mr. Katzenback and Mid.

WRItTEN

ENCLOSURE

1)

Enclosures

JDM: 0K9

•(7)

NW 6820-Gocld:32989

3696 Page 57 Sayings Bonds Regularly on the Payroll Savings Plan (Cal. LU

---

## Page 52

Statement by McGeorge Bundy

House Select Committee on Intelligence

December 10, 1975

Mr. Chairman:

It is a pleasure to respond to your invitation to appear before this

Committee for a general discussion of the disadvantages and advantages of

covert operations conducted by the Central Intelligence Agency. In this brief

opening statement I confine myself to a few propositions. I have stated them with-

out detailed defense and elaboration, and often in quite tentative form, because I

believe the questions presented are not simple and the answers that will be right

in the future are not easy to determine sharply today. Moreover, like many other

citizens I am still learning from the extraordinary revelations of recent months;

it has been particularly painful to learn for the first time of many things that

happened while I was myself in government.. I should also emphasize that for nearly

ten years I have been unconnected with this field and have seen to it that there was

no connection whatever between the Ford Foundation and any secret government

agency.

This statement does not address particular episodes, except for a few

that are clearly on the record already, and for two contrasting reasons. Those which

I did know about in government are not matters which I yet feel free to discuss publicly

in detail, and those which have happened at other times are matters on which I do

not have first-hand or authoritative knowledge. In any case I think it may be more

useful for your purpose to try to suggest a limited number of broad notions.

62-116464-235

ENCLOSURE!

NW 68262_ Docld:32989696 Page 52

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## Page 53

First and foremost, the general presumption, in considering covert action,

should in peacetime be against it. To put the point sharply, the general record of

the last twenty years suggest that only too often the covert activities of the United

States government have cost us more than they were worth. There are notable ex-

ceptions, and they may give some guidance as to the kinds of exceptions which may

be wise in the future, but the general proposition seems to me a strong one.

This proposition, if it is correct, has a very important consequence for

the management and control of such operations. While in principle it has always

been the understanding of senior government officials outside the CIA that no covert

operations would be undertaken without the explicit approval of "higher authority,"

there has also been a general

expectation within the agency that it was its proper

business to generate attractive proposals and to stretch them, in operation, to the

furthest limit of any authorization actually received. Indeed, as we now know, there

have been cases, notably in assassination plotting, in which activities have gone far

beyond any known authorization. I believe that these such inexcusable and unauth-

orized actions will not be repeated soon, and I think it is important to recognize

that internal corrective action was taken well before recent revelations. But the

general disposition toward activism in the operational offices of the CIA is another

matter, and it is this general disposition that I think could be significantly con-

strained by a recognized and general presumption that covert operations are

entirely out of order except when they have explicit and exceptional authorization.

Nor do I think it necessarily true that an explicit recognition of the

exceptional character of such operations would reduce their value and quality in

NIK 68262 Docld: 32989696 Page 53. -

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## Page 54

-3-.

cases in which they were in fact authorized. On the contrary, I think a CIA with a

much smaller and leaner covert intelligence capability could easily have greater

specitic eftectiveness in its exceptional operations than the very large and over-

staffed enterprise developed in the last generation.

The kinds of exceptions which might justify occasional covert operations

are not numerous, and can be grouped under a few major headings.

(1) In time of open warfare, the case for covert activities is

significantly strengthened.

There is still good reason to be wary

in authorizing such activities, but the fact remains, when there

is open conflict, that the balance of the argument over special

secret operations shifts. In an unpopular and divisive war like

Vietnam, it will be dangerous to exaggerate the meaning of this

shift, but the historical and logical case for this exception is

strong.

(2) A critically important need for intelligence collection can

justify special operations that would otherwise be undesirable.

The early missions of the U-2 over the Soviet Union and the

special missions authorized over Cuba just before the Cuban

missile crisis are excellent examples. The messy handling of

the U-2 shoot-down of 1960 is a separate matter with its own

lessons, but the strategic arms race of the 1950s and the Cuban

missile crisis of 1962 would have been enormously more

dangerous without covert intelligence overflights.

Intelligence collection is often separated from covert operations

in the thinking of intelligence administrators and other concerned

officials. I think this distinction, like the parallel distinction in

the field of counterintelligence, deserves re-examination. Both

intelligence collection and counterintelligence have involved covert

activity which goes well beyond conventional espionage and counter-

espionage, and such enlargements of activity often present many

of the same dangers as covert actions of other sorts. The mas-

sive mail intercepts conducted in the name of counterintelligence

are an excellent example of an abuse which would have been much

less likely to occur if it had been adequately constrained by a

plain requirement of approval from "higher authority."

NW 68262. Docld:32989696 Page 54

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## Page 55

= 4 -

(3) It is at least worth consideration whether there may not be

need for some highly secret activity in emerging fields like those

of international terrorism and nuclear danger.

I do not know

enough about these subjects to know what could or should be done,

but I do not believe we can assert with complacency that there is

no need for such work here that might go beyond intelligence col-

lection. I find it hard to exclude the possibility that in these

fields situations could arise in which covert action of some sort.

would be the least evil choice available.

(4) It is not always wrong to give covert financial support to

beleaguered democrats in countries where the continuing right

of political choice is directly threatened by extremists of either

the right or left. This is a sensitive and difficult area, and it

is understandable that when excessive and heavy-handed inter-

vention seems to be conducted in ways which assist only right-

wing authoritarians, covert political action should get a bad

name. But that is not the whole of our historical record, and I

believe that heavy external support given by. others for anti-

constitutional totalitarians can legitimate support for genuinely

democratic and constitutional forces.

The hardest cases in this category are those of appeals for help

from political groups which are out of power and fear that con-

stitutional and democratic process may be extinguished by the

existing regime. Our experience in such anguishing cases sug

'gests that it is not easy to make a genuinely constructive response

in such situations. I conclude that there is a heavy burden of

proof on those that would support the opposition in such situa-

tions, but I do not find this a happy conclusion.

In concluding let me suggest briefly certain general standards which

ought to be met under all of the four kinds of exceptions I have suggested.

First, no operation should ever be covert if in fact it can be as effec-

tively conducted in the open.

Moreover, the justification for covertness must always

be sought in the international situation and not in any hesitations about public or

Congressional opinion in the United States. An overflight should be kept private

primarily because its public announcement is so painfully embarrassing to the

KHA 68262 Dold 32989696 Page 55

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## Page 56

-5 -

country which is overflown. A political subsidy, if and when justified on other

grounds, can merit covertness

only if that is important to its effectiveness on the

scene - never because disclosure would be troubling at home.

The second general standard is the converse - that a covert operation

should never be authorized unless in fact it can be persuasively defended to the

American public and to the Congress if it is exposed. I should note that this

proposition is almost the opposite of the traditional doctrine of "plausible denial."

Here the mistakes over the U-2 shoot-down are instructive. If from the first day

of that affair the administration had explained what had happened and why the flights

were authorized in the first place, it would have had much less trouble both here

and abroad. The case of the U-2 flights over Cuba is still more striking, for here

the evidence obtained from the flights was published to the world within weeks, and

that evidence in itself provided complete and persuasive justification for the over -

flights. We will have fewer but better covert operations if all those who authorize

them ask themselves severely how they will defend them to the American public and

to the world in event of exposure.

Finally, it is my belief that the initiative in considering covert opera-

tions should be held firmly in the hands of political leaders and not operational

activists. The government should not be in a position in which there is constant

pressure

from large and zealous operational bureaus to make use of any and all

of their alleged capabilities. Nor should there be indulgence in the pretense thai

covert operations can readily substitute for more visible forms of action. They

are limited instruments, and the attempt to stretch them beyond their limited useful-

ness is usually both ineffective and costly.

NW 68262 Docid:32989696 Page 56

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## Page 57

STATEMENT OF

NICHOLAS deB. KATZENBACH

BEFORE

THE SELECT COMMITTEE ON INTELLIGENCE

HOUSE OF REPRESENTATIVES

December 10, 1975

NW 68262 Docld:32989696 Page 57

ENGLOSURE: 62-116464-235

---

## Page 58

Mr. Chairman and Members of the Committee:

The fundamental problem with covert activities in support of foreign

policy objectives is, of course, the fact that they are covert. Their success

depends upon their secrecy.

And that simple proposition raises the central question for this Committee:

in a society which depends on a high degree of freedom of information to

control the activities of government, is it possible to exercise polítical control

over covert activities abroad? Is it possible to hold an agency charged with

such responsibilities accountable in our political system?

As obvious as that point is, it is easy to lose sight of in the spate of

revelations about covert activities of the past conducted by the Central

Intelligence Agency. Public debate sometimes seems to focus on the merits

or demerits of a particular CIA action; on the judgments exercised by those

conducting such activities, and on the morality of some techniques, or even

on the question of whether or not we should covertly interfere in foreign

political processes at all.

I start from the premise that some of our covert activities abroad have

been successful, valuable in support of a foreign policy which was under-

stood and approved by the electorate and Congress, and that situations may

MV 68262 Decld: 32989696 Page 58

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## Page 59

well arise in the future--and may even exist today-where our capacity to

conduct appropriate covert activities could be an important adjunct to our

foreign policy and to stability in the world. I also start from the premise

that some of our covert activities abroad have not been successful, and

have been wrong and wrongheaded. In some cases we have grossly over-

estimated our capacity to bring about a desirable result and have created

situations unintended and undesirable. And, from recent revelations, I

would conclude that at least some of the ideas seriously considered were

plainly wild and irresponsible.

Secondly, I would like to make it clear that I believe that covert means

for collecting intelligence abroad are indispensable. When, in my 1973

article in Foreign Affairs, I said I would be prepared to give up all covert

activities, I excepted from that statement covert activities designed to gain

intelligence. There is a clear conceptual distinction between activities.

designed to gain intelligence, and activities designed to influence political

acts directly. But I do not think that line is easy to draw in factual circum-

stances, and I think my article was somewhat glib in giving the impression

that it could be.

At any given time the extent of covert activity designed to influence

political conditions in another country is very much a function of how one

views the world and the role of the united States in it. Thus for a quarter

NW 68262 Docld:32989696 Page 59

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## Page 60

century alter World

mar Il the commonly-held American perception of a

competitive struggle with the Soviet Union everywhere dominated our foreign

policy. Both the United States and the Soviet Union were anxious to extend

their influence as far as possible. Both countries employed overt and covert

means to do so. Each country had the aim of installing and preserving in

power governments lavorably oriented to themsolves; and the United. States

was extremely active in preventing Communist governments from taking over

• Third World countries. Because we are an open society we made far more

use of open techniques, such as economic and military aid, than we did of

covert activities.

Nonetheless it is my strong impression that since 1960 we

have been making a major effort to wind down many of our covert activities,

despite the recent revelations concerning Cuba, the Dominican Republic,

and, of course, Chile.

Phasing down both our overt and our covert activities is a direct

reflection of our changing world and a changing foreign policy. The countries

of Europe and Japan have regained economic strength, and the potential of

world Communism for Soviet domination has been fractionated by the growth

of nationalism and the reemergence of China. I do not mean to sound sanguine

in this respect. Nobody can look at Portugal today, the potential in Spain,

the growth of the Communist Party in Italy, and the general decline of

Christian Democrats throughout Europe without feeling some measure of

concern. We will be faced for some time with the problems caused by the

radical elements in the Arab world, and there is much turmoil in S. E. Asia

as a result of the collapse of Vietnam.

NW 68262 Docld:32989696 Page 60

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## Page 61

I wrote in 1973 that I thought the time had come to abandon all covert

activities (other than intelligence) designed to influence political results in

foreign countries. That is still my position today. But I arrive at it reluctantly

and with the belief that there are covert activities which are proper, useful,

and moral. I do not think it is an

easy conclusion to arrive at. Perhaps it is

not even a wise one.

I arrive at this conclusion for a number of reasons, all involving

judgments which the Committee may not share with me.

First, I believe the revelations of Watergate and of the recent investigations

into the intelligence activities of the CIA and the FBI have created a great mis-

trust by the people of the United States in their government. Unless one feels

that the loss is greater than I would estimate it to be, I think abandoning secret

activities abroad would help to restore public confidence in government in this

country.

Second, I think the public revelation of past CIA activities, while essential

to restoring confidence in government in this country, has done much to destroy

the CIA's capacity successfully to-conduct covert activities abroad. Further,

• unless we formally abandon them, I suspect we will get blamed for even more

things which we have not done in the future than has been the case in the past.

Given that situation, the game may not be worth the candle.

NW 68262 Docid:32989696 Page 61

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## Page 62

5

Third, I think we need to put our energies into formulating and

articulating a forcign policy for the next several years which can command

public consensus and public support. We simply do not have that today

and I think it is important that we should. Not only do I believe covert activities.

are particularly dangerous when there is not broad support for the foreign

policy which they serve, but I fear that the emotional issues involved in covert

activities will tend to detract from and confuse propor public debate as to what

our foreign policy should be.

If we can achieve that consensus, and it is a

clear one, then perhaps at some future date we could consider the possibility

of covert activities in its support with such controls as we can devise. But in

the interval I think they should be suspended.

Fourth, I have the feeling from recent revelations that secrecy becomes

a source of power and a factor in misjudgment. Control over relatively large

resources, unconstrained by the knowledge and views of many of one's peers,

is itself a dangerous

situation in a political democracy.

I do not wish to be understood as saying. that I do not believe that there

are not some steps the Congress could take which would alleviate some of the

problems which have occurred in the past. It could, for example, forbid

any U. S. involvement in the assassination of foreign political leaders; forbid

any U. S. involvement in directly providing weapors to any non-govern-

mental

group abroad -- though it cannot probably effectively assure that

money provided may not in fact be spent for those purposes. It could

NW 68262 Docld:32989696 Page 62

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## Page 63

6

insist on

lar tighter control in the Executive Branch of covert activities

aimed at influencing political decisions abroad, and insist upon review,

with written record, of all such activities at a very high level of govern-

ment, togciher with an appraisal of their success or failure. And it could

provide for review at specified periods -- perhaps every four or five years --

by an appropriate Congressional committee.

I believe procedures of this kind would be helpful in bringing

matters under control. I believe they would have the desirable effect of

reducing

clandestine activities, and chanelling these into what I would

regard as the more desirable and legitimate areas;

for example, helping

to fund activities on the part of local groups designed lo express diversity

of, opinion within a relatively closed society.

What I do not know -- and the Committee must judge -- is whether or

not steps of this kind are adequate to deal with the problems of secrecy in

the circumstances of today.

NW 68262 Docld:32989696 Page 63

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## Page 64

FEDERAL BUREAU OF INVESTIGATION

COMMUNICATIONS SECTION

DEC 1'8 1975

TELETYPE

ASBOC.

Dir.

Dep.-A.D.-Adm._

Dep.-A.D.-Inv.

Asst. Dir.:

Admin. -

Comp. Syst.

Ext. Affairs

Files & Com

Gen. Inve

Ident.

centell. V

LaboratoRy

Plan. & Eval. -

Spec. Inv. -

Training -

Legal Coun

Telephone Rm. -

Director Secy

NR

901 BA CODE

112,5 AM NITEL 12-18-75 BL

TO:

DIRECTOP: (62-116464)

FROM:

• BALTIMORE (66-3127)

i HOUSE STUDY 75.

REBUNITEL 12-15-75.

THE FOLLOWING FORMER FBI EMPLOYEES WERE CONTACTED

12-16-75, AS INSTRUCTED INRETEL: PAUL F. O'CONNELL, JR.,

POTOMAC, MARYLAND; VICTOR JURYN, ELLICOTI CITY, MD.; AND

THOMAS FARROW, MARRIOTISVILLE, MD.

MR. O'CONNELL AND MR. TURYN ADVISED THEY HAD NOT

BEEN CONTACTED IN CONNECTION WITH THE U. S. RECORDING

COMPANY; HOWEVER, MR. FARROW ADVISED HE WAS CONTACTED

BY TWO STAFF INVESTIGATORS OF THE HOUSE SELECT COMMITTEE

ON 12-8-75.

MR. FARROW! RELATED THAT THESE INDIVIDUALS WERE

INTERESTED IN THE KNOWLEDGE HE POSSESSED CONCEPNING THE

BLUE RIDGE ROD AND GUN CLUB AT HARPERS FERRY, WEST VIRGINIA.

HE ADVISED HE INFORMED THESE INDIVIDUALS THAT HE WOULD

END PAGE ONE

REC-104 62-110111-234X

DEC ST

15l:

..012

LEL CONTE

• 4 MAR 2 3 1976

Tolt

NW 68262 Docld:32989696 Page 64

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## Page 65

i to de as

PAGE TWO

BA 66-3127

DISCUSS ANY SOCIAL ACTIVITY IN WHICH HE PARTICIPATED AT

THIS CLUP PUT IN CONNECTION WITH ANY OFFICIAL DISCUSSION

CONCERNING THE U. S. RECORDING COMPANY HE WOULD BE OBLIGATED

TO CHECK WITH FBIHO BEFORE ANY DISCUSSION COULD BE HAD.

MR. FARROW STATED HE ASKED THE INVESTIGAIORS WHY THE

INQUIRY WAS BEING MADE AND THEY SAID THEY WERE CHECKING

JUST IO SEE IF THERE HAD BEEN ANY IMPROPRIETIES.

THE THREE FORMER EMPLOYEES ADVISED THAT SHOULD THEY

BE CONTACTED BY THE HOUSE SELECT COMMITTEE CONCERNING ANY

KNOWLEDGE THEY POSSESSED PERTAINING TO FBI PURCHASING

PRACTICES WITH THE U. S. RECORDING COMPANY, THEY WOULD

IMMEDIATELY CONTACT THE LEFAL COUNSEL OFFICE IN BUREAU

HEADQUARTERS.

END

DLS FBIHQ ACK

---

## Page 66

DERAL BUREAU OF INVESTIGATION

COMMUNICATIONS SECTION

DECENT ST

TELETYPE

AssOC.

• Dir.

Dep.-A.D.-Adm

Dep.-A.D.-Inv-

Asst. Dir.:

Admin.

Comp. Syst. -4

Ext. Affair:

Files & Com!

Gen. Inv.

Ident.

Inspectio

Intellk

Laboratory

Plan & Eval -

Spec. Inv. -

Training -

Legal Coun

Telephone Hm. -

Director Secy -

NR044

10

PLAIN

4:35P/M NITEL DECEMBRR 17, 1975 JFD

DIRECTOR, FBL (62-116464)

CLEVELAND!

FROM

TARPA - (66-721)

Crouse stuur is.

RE DURKAU NITEL, DECEMBER 15, 1975 AND CLEVELAND NITEL,

VECEMBER 16, 1975•

C. Q= SMITH IS PRESENTLY IN ALABAMA ATTENDING FUNERAL

SERVICES OF A RELATIVE AND IS DUE 10 RETURN 10 SI. PEIERSOUNO

THIS WEEKEND. HE WILL BE CONTAGIOD UPON HIS RETURN.

AL ROSEN WAS CONTACTEN AND STATED HE WILL DE IN

SI. PETERSBURG AREA UNIIL JANUARY 1, 1970 AND WILL THEN RETURN

TO AKRON DY POAD HE WAS ADVISED OF IHE INFORMATION CONTAINED

IN'REFERENCED DURGAU NITEL•

REC962-116467-234

C. 87

15 DEC: 23 1975

con

1063

5-Im

7 9 JAN 71976

NW 68262 Docld:32989696 Page 66

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## Page 67

Assoc. Dir.

Dep.-A.D.-Adm...

ÑR 0D5 CO PLAIN

FEDERAL BUREAU UF INVESTIGATION

COMMUNICATIONS SECTION

Dep.-A.D.-Inv.

Asst. Dir.:

Admin. -

Comp. Syst

TO :

4: 19PM NITEL DEGA 16, 1975 RAA

DIRECTOR (62-116464)

FROM:

COL AMBIA

HOUSE STUDY T5.

Ext. Affairs --

Files & Com.

TELETYPE

Gen. Inv.

Ident. -

inspection

Intell. upufit

Laboratory

Plan. & Eval. -

Spec. Inv.

REBUNITEL 12/15/75 •

Training

Legal Coun

Telephone Km. -

FORMER ASSISIANI DIRECTOR ODD I. JACOBSEN CONTACTED TODirector Seci

AND ADVISED OF INFORMATION SEI FORIN IN RENITEL. MR. JACOBSEN OSA

STATED HE WOULD BE IN MINNEAPOLIS DIVISION FROM DECEMBER 19

THROUGH DECEMBER 29, 1975, AND COULD BE CONTACTED IN CARE OF

THE MINNEAPOLIS OFFICE.

HE WILL BE RETURNING TO HILTON HEAD

ON DECEMBER 3D, 1975.

END

PLS ACK FOR THREE

4363

REC: 6211-421-233

AT DEC 31 1975

vicinisia

5r.*

1F 9 JAN

171076

NW 68262 Docld:32989696 Page 67

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## Page 68

!

OPTIONAL, FORM NO, 10

GSA FPAIR (41 CFR) 101 -11.6

UNITED STATES GOVERNMENT

Memorandum

: Mr.

warden

FROM G. S. McMichael

DATE: 12/9/75

SUBJECTS INTERVIEW - PIKE COMMITTEE

Assoc. Dir. _

Dep. AD Adm. -

Dep. AD Inv. -

Asst. Dir.:

Admin. -

Comp. Syst._

Ext. Affairs —

Files & Com. _

Gen. Inv.-

Ident. -

Intell. -

Laboratory -

Legal Coun. -

Plan. & Eval. _

Spec. Inv. —

Training —

Tolophone Rm. -

Director Sec'y -

Today I was interviewed by Mr. Timothy Oliphant from the

Pike Committee in the presence of SA Dennis Miller, Legal Counsel

Office. I did not take notes during the interview and the following

questions and answers are from memory:

Q. How long have you known Mr. Tait?

A. From the early fifties.

Q. Has the Bureau purchased confidential equipment other than

from U. S. Recording Company?

A. Yes.

Q. How do you know what equipment should be purchased through a

"cut-out"?

A. The decision i deter rained by the tabaratory and i so Be on

Ko51 62-114101-2327

on the requisitions.

7 JAN 22 1976

Q. Who in the Laboratory makes the decision that the equipment should

be purchased through a "cut-out''?

let a itis

Lick

A. The request received by the Administrative Division comes from

the Assistant Director's Office of the Laboratory.

Q. Who in the Bureau determines whether or not the price is in line

when purchasing through a "cut-out"?

62-11141400

The Administrative Division depends upon the Laboratory to advise

when the price is out-of-line.

GSM/ sam

1 - Mr. Paul Daly

1 - Mr. W. O. Cregal,.

8

4L N &9 1976

NW 68256-10ocld:32989696

Buy Ys. Savings Bonds Regularly on the Payroll Savings Plan

(OVER)

3

---

## Page 69

....

Memo McMichael to Walsh

Re: Interview - Pike Committee

Q. Did Mr. Tait spend lots of time in Mr. Mohr's office?

A. Not to my knowledge.

Q. Did Mr. Tait spend lots of time in the Laboratory?

A. Not to my knowledge.

Q. Do you know about any confidential papers being taken to Harper's

Ferry to be destroyed?

A. Absolutely not.

Q. Have you ever been out socially with Mr. Tait?

A. Yes. I have had lunch with others when Mr. Tait was present.

Q. Did you ever see Mr. Tait pickup the bill?

A. Not to my knowledge.

Q. Did any non-Government employees, present or former, other

than Mr. Tait and Mr. Oberdick play cards in the group at Harper's

Ferry?

A. Not that I recall.

Q. Who invited you to play?

A. Mr. J. P. Mohr.

Q. Did you pay?

A. Yes. $35.00

Q. When purchasing items from Mr. Oberdick, what method is used?

A. Mr. Oberdick's company is not used as a "cut-out"'. He quotes on

items the same as other companies. Sometimes he is low and

sometimes he is high.

NW 68262 Docld:32989696 Page 69

-2-

(OVER)

---

## Page 70

...

Memo McMichael to Walsh

Re: Interview - Pike Committee

Q. Is Mr. Oberdick ever given preferential treatment over other

companies?

A. Absolutely not.

Q. Are the majority of purchases made by the FBI taken from GSA

contracts?

A. Yes.

Mr. Oliphant also asked if he could have the total amount in dollars

paid to U. S. Recording, broken down by Fiscal Year. Breaking out what

was confidential and what was GSA schedule. Mr. Miller asked him if he

would confirm this in writing and he responded yes. I also asked for what

period of time and he replied as far back as possible.

RECOMMENDATION:

None. For your information.

qu

- 3-

NW 68262 Docld:32989696 Page 70

---

## Page 71

TO

FROM

SUBJECT:

OPTIONAL FORM NO. 10

5010-106

MiTY 1962 EDITION

GSA GEN, REG. NO, 27

UNITED STATES GOVERNMENT

Memorandum

Mr.

J. B. Adams

1 - Mr. Mintz

1 - Mx. Wannall

1 - Mr. Cregar

DATE: 12/8/75

1 - Mr. Hotis

1 - Mr. Daly

: Legal Counsel

Assoc, Dir.

Dep. AD: Adn

Deputati

Asst. Dir.

Comp. Syst. -

Ext. Affairs —

Files & Com. -

Gen. Inv. -

Ident.

Inspection

Laboratory

0

HOUSTUDY

spec. Inv._

Training -

Telephone Rm. -

Staff Member Richard Vermeire of the House Select Director Sely -

Committee requested that the following former Bureau personnel

be made available for interview by Staff Members of that Com-

mittee concerning any knowledge they may possess pertaining to

the Bureau's purchasing practice with the U.S. Recording Company:

Former Executive Assistant to the Associate Director

Rufus Beaver;

Former SAC Thomas Farrow;

Goodwin,

Former Assistant Director Odd T. Jacobson;

Former

• Inspector Norman McDaniel;

Former Inspector Donald E. Moore;

Former

Deputy Assistant Director

• Paul O'Connel

Former Assistant to the Director Al Rosen;

Former Assistant Director William Sawyers; (SOYERS)

Former SA C. Q. Smith;

Former SAC Victor Turyn; and

Former Assistant Director Leonard M. Walters.

The Intelligence Division has been orally advised of

this request.

1 - Personnel File - Rufus Beaver EX-112,

arter

1

- Personnel File - Thomas Farrow

1

- Personnel File - James Gale

10.

1

1

- Personnel File - Want CoodonE6962-916464-232

- Personnel File - Odd T. Jacobson

1

- Personnel File - Norman McDaniel

1

- Personnel File - Donald E. Moore

1 - Personnel File - Paul O'Connell

HE DEC 29 1975

1

- Personnel File - Al Rosen

1

- Personnel File - William Sawyers

1

- Personnel File - C. l. Smith

1

- Personnel File - Victor Turyn

5-7119

1

- fisonnel File - Leonard M. Walters

JAN

PVD: lad 47)

(2.0 )

RECOMMENDATIONS/ - OVER

V

NW 68262 Docld:32989696 Page 71

---

## Page 72

Legal Counsel to Mr. Adams

RE:

HOUSTUDY

RECOMMENDATIONS:

(1) That the aforementioned former Bureau personnel be

eleased from any existing employment agreement for purposes o

staff interview by the House Select Committee concerning thei:

knowledge of the Bureau's purchases

from the U.s. Recording

Company.

(2) That the Intelligence Division determine the

last known addresses of former Bureau personnel as contained

in Bureau files and insure that the former personnel are alerted

to the fact that they may be contacted by representatives of the

House Select Committee.

Teletyr 6 AX, BA, CE, CV, 00,784450 145/4

That the Legal Counsel Division will orally

former personnel.

Busessas

- 2 -

NW 68262 Docld:32989696 Page 72

---

## Page 73

OPTIONAL FORM NO. 10

MAY 1962 EDITION

GSA FPAIR (41 CFR) 101-11.6

UNITED STATES GOVERNMENT

Memorandum

Assoc. Dir..

Dep. ADitnv.l

Asst. Dit.:

TO

: Mr. J

Adams

FROM : Legal counsel de.

SUBJECT:

HOUSTUDY

1 - Mr. Mintz

1

- Mr. Bassett

1 - Mr. Cochran

DATE: 12/8/75°

1 - Mr. Wannall

1 - Mr. Cregar

1

- Mr. Hotis

1 - Mr. Daly

Admit.

Comp. Syst. -

Ext. Affairs —

Files & Com. -

Gen. Inv. -

Ident. -

Inspection -

Intell. -

Laboratory 4

Legat Cour

Plan. & Evol

Spec. Inv.

11/

Training -

Telephone Rm. _

Diractor Soc'y -

On 12/4/75, Richard Vermeire, Staff Member of the

House Select Committee, requested that the Bureau determine

whether it would be possible for the House Select Committee

to review the records of the U.S. Recording Company unexcised

in the office of the U.S. Recording Company. Vermeire stated

it was not possible because of the excisions made on those

records by the Bureau for the House Select Committee to make

a thorough review of same.

ame the trate

Vermeire interposed no objection

to a Bureau representative being present during that review

and, in fact, thought it would be useful.

On the instructions of Assistant Director John A.

Mintz, SA Paul V. Daly of this Division contacted Attorney"

Brian

Gettings who is representing Mr. Joseph Tait to determine

whether he interposed any objection to the Bureau making.

able the U.S. Recording Company records for review in Búreau

space by representatives of the House Select Committee.

Mr. Gettings stated he had no objection to this arrangement.

The House Select Committee will be advised on 12/8/75

• that the Bureau will make available for review U.S. Recording

Company records in Bureau space.

RECOMMENDATION:

For information.

RE0.962.11

2464-

23/

HID DEC 29 1975

- 1÷

M G2 1 195696 Pi64 45S. Savings Bonds Regularly on the Persoll Saings Plan

---

## Page 74

]

MI.

Adams

1

Mr.

Mintz

1

1

- Mr.

Gallagher

- Mr.

Wannall

- Mr. O'Connell

1 - Mr. Cooke

1 - MI. Sheer

December 2, 1975;

=

The Attornoy Goneral

DiTCOROL, FBI

5. HOUSE SELECT COMITIEE

O& EVTTLLTGLICE ACTIVITES (HSC)

On November 18, 1975, Assistant to the Director

Deputy Associate Director James B. Adans, Assistant Director

W. Raymond Wannall, and other reprosentativos of the FBI

appeared in opon hearings bofore the ISC, chaired by

Congressman Otis G. Pile.

During the hearings Tobert I. Bardy, a former Bureau

informant, appeared and furnished a statenent to the HSC in

which he made certain allegations against the FBI.

AE DY

reprecentatives had not had the opportunity to rovier and con

nent on ir. lardy's statement, the ISC askica that ve do so

duca

cubrit our observations for inclusion in the official

• ICCONE

the hearings.

Enclosed for your approval and forwarding to the ESC

is a lotterhead nemorandun (Ill), with enclosures, in response to

NI. Hardy's staterent.

A copy of this lull, vith enclocures, is being furnished

for your rccords.

Enclosures (6)

62-116464

EX-Y:

EC-9,

162-116464-230

I - The Deputy Attorney General

Assoc. Dir. —

attentioni Michael E. Shansen,

Dep. AD Adm. -

Dep. AD Inv. -

ENCLOSURE

Spocial Councel for

Intelligence Coordination

Asst, Dir.:

Admin. -

Comp. Syst. _

- FJC: cap "if

Ext. Affairs

(11)

Files & Com.

Gen. Inv. -

Ident.

Inspection -

Intell. -

Laboratory -

Plan. & Eval. -

chments

Spoc. Inv. -

Training -

Legal Coun.

Telephone Rm. -

Director Sec'y -

MAIL ROOM L

TELETYPE UNIT L

NW 026E Doziđ:3/2285696 Page 74

DID DEC 29 1975

JAMIM

GPO: 1975 0 - 569-920

sit tra

---

## Page 75

., »

1

Ar. Adams

Mr. Mintz

1 - Mr. Gallagher

1

- Mr. Wannall

1 - Mr. O'Connell

1 - Mr. Cooke

1 - Mr. Sheer

62-116464

December 2, 1975

RE: STATE IENT DE ROBERT M7. HARDY

BEFORE THE HOUSE SELECT

COMITTEE ON INTELLIGENCE

HOVENBER 18, 1975

On Tuesday, November 18, 1975, Robert V. Hardy

appeared before the House Select Conmittce (USC)

dcaling

with the subject matter of intelligence activities and

made a statenant concerning his performance as an informant

for the FBI.

In this staterent, Ir. Hardy nado cortain

allegations againct the FBI which are set out below with

appropriate responses.

The attached pages set out each of lic. Hardy"s

allegations wich are orcerpts from his testinony

allegation is followed by a refutation.

Except there specif

ically noted, these responses to lix. Hardy's allegations

are excerpted from the FBI report Of Special Agont Michael M.

Ryman at Philadelphia datod November 18, 1971, entitled, "Camden

Action; Jayma Ann Abdoo; It Al." This report is a chronological

compilation of debricfings prepared following the dally mectingo

of Hardy with the FBI Agents assigned as his contacts.

the

report is attached.

The refutations of fir. Hardy's testinony

arc, thorefore, in the main taken fron his own contemporary

reports to the rBI.

Inclosures (2)

TIS:nm/cap.

(10)

Assoc. Dir. — NOTE:

Dep. AD Adm. -

Dep. AD Inv. -

Asst. Dir.:

Admin..

Comp. Syst. -

Ext. Affairs

Files & Com. -

Gen. Inv. -

Ident..

Inspection

Intell.

Laboratory

Plan. & Evol. -

Spoc. Inv. _

Training

Legal Coun. _

Telephone Rm. -

Director Sec'y -

MAIL ROOM L

NW 68262 Docld:32989696 Page 75

See memo Cooke to Gallagher dated 11/26/75 captioned,

"U. S. House Select Committee on Intelligence."

tapes: +7405475

TELETYPE UNIT L

EGIOSUR

62-116468-233810-nosr

---

## Page 76

OTE: SEE INSTRUCTIONS ON REVERSE

BEFORE COMPLETING.

TO:

Inteiligence Community Staff

ATIN: Central Index

CLASSIFY AS APPROPRIATE

FROM:

FRI

SUBJECT: Abstract of Information Provided to Select Committees

1. HOW

PROVIDED

(check appropriate

term.

If a document was made available

2. DATE PROVIDED

for review but not transmitted,

DOCUMENT BRIEFING

INTERVIEW

TESTIMONY X OTHER

12/2/75

3. ТО WHOM PROVIDED (check appropriate term; add specific names if appropriate)

SSC

4. IDENTIFICATION

(provide descriptive data for documents; give name or identification number of briefer,

interviewee, testifier and subject)

Memorandum and enclosures

6. 1 pro 0 all doco or race, or dia spore orgal reques, ocher-

NA

". used unde enter tempestate koy words from the list provided separately; if key words not listed are

review, hearings

8. SUMMARY (see reverse side before completing this item)

Statenent of Robert M. Hordy before the HSC 11/18/75 concerning

his performanco as an informant for the FBI. Setting forth

the ollegations by Hardy and the FBI rosponses to these

allegations.

62-176464

FMK: fmk

(4)

ORIGINAL. VIA LIAISON TO CENTRAL COMMUNITY INDEX

IN CONNECTION WITH HOUSTUDY

TREAT AS YELLOW Sen

CLASSIFY AS APPROPRIATE

379 | (6-751

NW 68262 Docld:32989696 Page 76

---

## Page 77

INSTRUCTIONS

*

• Type or print clearly in ink.

• Indicate classification of the abstract top and bottom.

• Date the abstract and put on any internal control numbers required.

"FROM" entry should clearly identify the organization providing the

information.

• If additions (as when a copy of document sent to SSC is later sent to

HSC) or changes to a previously submitted form are necessary, submit a

copy of the original abstract, with the change indicated.

SPECIFIC ITEM NO. 8. SUMMARY - enter brief narrative statement describing

substance of information and showing relationship to Intelligence Community

matters if appropriate. Any feedback or evidence of investigatory interests

should be noted. Commitments made to supply additional information should be

noted. Additionally, certain administrative information may be entered here,

e.g., restrictions on review of a document, if document was paraphrased, whether

interviewee is current or former employee, etc. If actual document or transcript

is provided, that fact should be noted and no summary is required. Additional

pages may be attached if necessary.

- *.

NW 68262 Docld:32989696 Page 77

---

## Page 78

5-140 (Rev. 1-21-74) FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D. C. 20535

House Select Committee

Addressee:

OLTR

LHM Memo Report dated_ 11/28/75

raised during hearings.

MEASURE 62-116464-230

NW 68262 Docld:32989696 Page 78

---

## Page 79

OPTIONAL FORM NO, 10

1A1Y 1418r

GSA FPAIR 141 CFR) 101-11.6 1

UNITED STATES GOVERNMENT

Memorandum

TO

: Mr. J. B. Adams

FROM : Legal Counsel

SUBJECT: ALLEGATIONS OF SOVIET

PENETRATIONS ON CAPITOL HILL

INTERNAL SECURITY - RUSSIA

DATE: 11-20-75

Assoc. Dir.

Dep. Ap• Admit

Dop, AP. iny,

Asst. bite:

Admin

Comp: Syst. _

Exi. Affairs

Files & Com. _

Gen. Inv..

Ident.

Inspection

Intell..

Laborato

Lora cod

Plan. & Eval. -

Spec. Inv.-

Training -

elephone Rm..

iroctor Soe'y -

Reference o: memorandum of 11-10-75 from Mr. Branigan

to M

Wannall concerning inquiry from Congressman Otis G. Pike, Chairman

House select Committee on Intelligence, requesting information

regarding "alleged and confirmed" incidents of Soviet-bloc penetrations on

congressional staffs.

33-1164,41

Per instructions by Mr. Adams, Inspector Bowers met with

Senator James O. Eastland on 11-18-75 and advised him of this inquiry from

Congressman Pike since a former employee of the Senator's, one Kenneth Ra

Tolliver, was involved with the Soviets while working for the Senator.

Senator Fastland was told that while we had confirmed to Congressman Pike

the existencecof one incident wherein a member of a congressional staff had

furnished information to hostile intelligence agents obtained through his

congressional employment, we had declined to identify any of the parties

involved since this would infringe the privacy of others. Senator Eastland

expressed appreciation for our having informed him of this matter and asked

that he be kept currently informed of future pertinent developments.

Senator Eastland advised that he had received a letter from

Congressman Pike recently requesting that members of the House Select

Committee on Intelligence staff be allowed access to the files of the Senate

Subcommittee on Internal Security, which Senator Eastland chairs. He said

the letter indicates the staff would be interested in organizations and individ-

uals on lists maintained by the Subcommittee, and also inquired about the

FBI's relations with the Subcommittee. Senator Eastland said that he had

determined the letter was sent without Congressman Pike's knowledge or

approval; hence, he (Senator Eastland) will ignore it.

2

RECOMMENDATION:

JA REC

REC-5Z.

For information.

DutT

1 - Mr. Adams

1 - Mr. Moore

1 - Mr. Wannall

A - Mr. Cregafy DEG 10M

. Hotis

•1 - Mr. Branigan

4! Bowers

Mr. Mintz

ĐWB:3119

Duy

s%.S. Savings Bonds Regularly on the Payroll Savings Plan SEGA-COUNSEL

---

## Page 80

PLAINTEXT

TELETYPE

2 - Mr.

A. Mintz

(1 - Mx. J. B. Hotis)

NITEL

TO SACS ALEXANDRIA

BALTIMORE

CHARLOTTE

(LEVELAND

1 - Mr. H. N. Bassett

I - Mx. W. R. Because 15, 1975

1 - Mr. W. O. Cregar

1 - Mr. I. J. McNiff

COLUMBIA

TAMPA

TIFO

FRỒM DIRECTOR FBI (62-116464)

HOUSTUDY 15.

select

THE HOUSE

i SEL CT COMMITTEE (HSC) HAS INDICATED DESIRE TO

INTERVIEW CERTAIN FORMER BUREAU EMPLOYEES CONCERNING ANY

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

ING PRACTICE 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 STADIUM DRIVE, EDEN, NORTH CAROLINA 27288;

THOMAS FARROW - 9319 MEADOW HILI ROAREE LICOFT CITY, MARYLAND

043; JAMES 1I. GALE - 3307,AOOKX MOUNT MOUNT ROAD, FATRA, 441-228

VIRGINIA-- HOME PHONE: 273-1661, OFFICE PHOND 591-2151;

Assoc. Dir.

Be. AD Adm - TJM: 1hb|hb

Dep. AD Inv. -

SETAL BUREAU OF INVESTIGATION -

Asst, Dir.:

(8)

COMMUNICATIONS SECTION

Admin. -

Comp. Syst. -

Ext. Affairs -

Files & Com. -

Gen. Inv. -

Ident. _

Inspection -

02 0 1 5 19/6

950₽

TELETYPE

Intell. —

Laboratory -

Plon. & Eval. -

Spoc. Inv. -

Training -

Legal Coun. -

Telephone Rm. -

MAIL ROOM L

TELETYPE UNIT

ND 201 60 83965696 Page 80

SEE NOTE PAGE 3

GPO: 1975 0 1569-920

---

## Page 81

PAGE TWO

62-116464

WILLIAM JARVIS GOODWIN - 1301 SOUTH SCOTT SIREST, ARLINGION,

VIRGINIA 22204 - HOME PHONE 920-2754; ODD I. JACOBSEN -

77 BATTERY ROAD, HILION HEAD ISLAND, SOUTH CAROLINA 29928;

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

22101; DONALD E. MOORE - 505 CRONN VIEW DRIVE, ALEXANDRIA,

VIRGINIA 22314 - HOME PHONE 751-0327; PAUL F. O'CONNELL, JR. -

2417 STRATTON DRIVE, POTOMAC, MARYLAND - HOME PHONE 424-2585;

AI, ROSEN - 55 FIR HILL TOWERS NORTH; AKRON, OHIO 443043

C. Q. SMITH - 2061 HAWAII AVENUE NORTHEAST, SAINT PETERSBURG,

FLORIDA 33703 • HOME PHONE 522-6597; WILLIAM B. SOYARS -

12019 GREYHING SQUARE, RESTON, VIRGINIA - HOME PHONE 860-4055;

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

IBDNARD.M: WALTERS - 1303 MACBETH STREET, MC LEAN, VIRGINIA -

HOME, PHONE 356-1464.

RECIPIENTS ARE REQUESTED TO CONTACT THE ABOVE-LISTED

INDIVIDUALS RESIDING IN THEIR RESPECTIVE ARDAS AND ADVISE

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

CONTACTED SHOULD BE INSTRUCTED THAT WHEN AND IF CONTACTED BY

THE HSC THEY SHOULD, BEFORE SUBMITTING TO INTERVIENT,

TELEPHONICALLY CONTACT THE OFFICE OF LEGAL COUNSEL AT BUREAU

NW 68262 Docld:32989696 Page 81

---

## Page 82

PAGE THREE 62-116464

HEADQUARTERS COLLECT TO SECURE RELEASE FROL THEIR EMPLOYHENT

AGREEMENT AND TO ASCERTAIN PARANETORS WITHIN WHICH INTERVIEW

MAY BE CONDUCIED. ADVISE HEADQUARIERS SHOULD DIFFICULTY BE

ENCOUNTERED IN CONTACTING ABOVE-LISTED INDIVIDUALS.

NOTE:

Memorandum from Legal Counsel to Mr. J. B. Adams

dated 12/8/75, captioned "Houstudy," secured approval of

the Director for HSC interview of the above-listed individuals.

NW 68262 Docld:32989696 Page 82

---

## Page 83

Assoc. Dir. -

Dep. AD Adm. -

Dep. AD Inv. -

Asst. Dir.:

Admin. -

Comp. Syst. —

Ext. Affairs

Files & Com. -

Gen. Inv. -

Ident.

Inspection -

Intell.

Laboratory

Plan. & Eval. -

Spec. Inv. -

Training -

Legal Coun. -

Telephone Rm. -

2 -

J. A. Mintz

(1 - Mr. J. B. Hotis)

PLAINTEXT

TELETYPE

1 - Mr. H. N. Bassett

1 = Mr. W. R. Wannall

TO SAC WEO

DECEMBER 24, 1975

REC I

1 - Mr. W. O. Cregar

FROM DIRECIOR FBI (62-116464) - 227 1 - Mr. I. J. McNiff

g: 104

HOUSTUDY 75.

THE HOUSE SELECT COMMITTEE (HSC) HAS INDICATED DESIRE TO

INTERVIEW FORMER ASSISTANT DIRECTOR FRANK WAIKART CONCERNING

KNOWLEDGE HE MAY POSSESS PERTAINING TO THE BUREAU'S PURCHASING

PRACTICE WITH U. S. RECORDING COMPANY. PERSONNEL FILE OF

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

3715 WELTHAN STREET, SOUTHEAST, WASHINGTON, D. C. 20023.

WFO IS REQUESTED TO CONTACI WAIKART AND ADVISE HIM OF

ABOVE-STATED HSC INTENTION. HE SHOULD BE INSTRUCTED THAT WHEN

AND IF CONTACTED BY THE HSC HE SHOULD, BEFORE SUBMITTING TO

INTERVIEW, TELEPHONICALLY CONTACT THE LEGAL COUNSEL DIVISION

AT BUREAU HEADQUARTERS TO SECURE RELEASE FROM HIS EMPLOYMENT

AGREEMENT AND TO ASCERTAIN PARAMETERS WITHIN WHICH INTERVIEW

MAY BE CONDUCTED. ADVISE HEADQUARTERS ONLY IF DIFFICUCIY

FEDERAL BURGAU DE INVENTICATION

SHOULD BE CUNTANARER® SINICISTABLISHING CONTACT WITH WATKART.

TJM: 1hb hb

(8)

DEC 2 4 1975

23-

NOTE:

TELETYPE

See memorandum from Legal Counsel to Mr. J. B. Adams,

dated 12/17/75, captioned "Houstudy," which sets forth above

information concerning HSC intention to interview former

Assistant Director Waikart.

10C

MAIL

ROOM L

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TELETYPE UNIT

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## Page 84

OPTIONAL FORM NO, 10

MAY 1962 EDITION

GSA FPAIR 141 CFR) 101-11.6

UNITED STATES GOVERNMENT

Memorandum

Mr. J. B. Adam

1 - Mr.

Mintz

1 - Mr.

Bassett

1 - Mr.

Wannall

1 - Mr. Cregar

DATE: 12/17/75

1 - Mr. Hotis

1 - Mr. Daly

TO

FROM :

Legal Counse

SUBJECT:

HOUSTUDY

Assoc. Dir.

Dep. AD Adm. -

Dep. AD Inv. -

Asst. Dir.:

Admin. -

Comp. Syst. -

Ext. Affairs _

Filos & Com. -

Gen. Inv. -

Ident. -

Inspection -

Intell. _

Laboratory

Legal Coun.

Plan. & Eval. -

Spec. Inv. -

Training

Telophone Rm. _

Director Soc'y -

Staff Member Richard Vermeire of the House Select

Committee requested that former Acting Assistant Director

Frank Waikart be made available for Staff interview concerning

any knowledge he may. have pertaining to the Bureau's purchasing

practice with the U.s. Recording Company•

RECOMMENDATIONS:

(1.)

That former Acting Assistant Director Waikart be

released 'from any existing employment agreement for purposes of

interview by the House Select Committee.

(2) That the Intelligence bivision determine the

62-111-5/04-121

whereabouts of former Acting. Assistant Director Waikart and

insure that he is advised that he may be contacted by members

of the Committee.

HE DEC 19 1975

(3.) That the Legal Counsel Division orally advise

the House Select Committee of the whereabouts of former Acting

Assistant Director Waikart.

mitilts

1 - Personnel File - Frank Waikart.

Lad LID

planes.

5. TIM

---

## Page 85

OPTIONAL FORM NO, 10

MAY 1962 EDITION

GSA FPAR (41 CFR) 101-11.6

UNITED STATES GOVERNMENT

Memorandum

TO

: MR. CALLAHAN

DATE: 12/17/75

_ FROM

J. B. ADAMS

SUBJECT: U. S. RECORDING COMPANY

INTERVIEW BY PIKE COMMITTEE

On 12/9/75 I was interviewed by Tim Oliphant of the

House Select Committee on Intelligence in the presence of SA John

Dennis MiTTer, Legal Counsel Division. There is attached a write-up

of the substance of the interview which should be referred to

Mr. Mintz for forwarding to the Department.

RECOMMENDATION:

That upon approval the attached write-up be made available

to Mr. Mintz for forwarding to the Department in accordance with our

usual procedures.

Assoc. Dir.

Dep. AD long

Asst. Dira:

Admin.

Comp. Syst._

Ext. Affairs

Files & Com.

Gen. Inv.-

Ident..

Inspection

Intell.

Laborator

дали со

Plan. & Éval.

Spec. Inv.—

Training

Telephone Rm.

Director Sess

Enc.

gra

1 - Mr. Bassett

1 - Mr. Mintz

ST. 115% REC-54

63-146464-2262

5 JA.?: 173

1/20/95,

eaglesint House.

select

62-11661868

1976

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

NW 68262-Docld:32989696 Page 85

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ENCLOSURE

1073

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94TE CONGRESS 1 HOUSE Of FEPRISENIAIIVES

FBI

"REPORT

No. 94-693

PROCEEDINGS AGAINST HENRY A. KISSINGER

(Pursuant to Title 2, United States Code, Sections 192 and 194) V

DECeaBER S, 1975.-Referred to the House Calendar and ordered to be printed

Mr. PirE, from the Select Committee on Intelligence,

submitted the following

REPORT

of the

SELECT COMMITTEE ON INTELLIGENCE

CITING HENRY A. KISSINGER

together with

CONCURRING and DISSENTING VIEWS

INTRODUCTION

On November 6, 1975, the Select Committee on Intelligence of the

House of Representatives, established by House Resolution 591, 94th

Congress, First Session,

caused to be issued a subpena to Henry A.

Secretary of State. (See Appendix A.) The subpena de-

, at 10:00 a.m. in Room B-316 Rayburn House Office Building,

Washington, D.C., certain materials set forth and described in the

10:00 a.m. in Room 2118 Rayburn House Office Building for the

urpose of determining what action should be taken in view of th

failure of Secretary of State, Henry A. Kissinger, to comply with saic

recommending covert action made to the

the Forty Committee and its predecessor committees from

57-006

Ti46 662-116464

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the report of the Select Committee on Intelligence of the House of

S Secretary ot state, in falling and refusing to produce certain per

inent materials in compliance with a subpena duces tecum of saic

select Committee served upon Henry A. Kissinger,

State, and as ordered by the Solect Committee, together wita at the

sants tin one on teeth Atten on the distri sColum

as secretary of State, may be pro-

CHRONOLOGY OF EVENTS

discharge of its mandate. Seven subpenas were authorized, each by a

record vote of a majority of the members of the Committee. The sub-

pena which is the subject of this resolution was approved by a vote of

8 ayes with five members voting present. The subpena is directed to the

production of classified materials as to which there could be no public

lisclosure by the Committee without compliance with the release pro.

cedures previously agreed to.

No materials were furnished to the Committee on the return date

Secretary of State to comply obstructs that investigation, and the

work of this Committee.

On November 13, 1975, at 9:00 a.m., to days after the return date

that none of the subpenaed materials had been provided.

AUTHORITY

a voice vote on July 17, 1975.

Section 2 of HI. Res. 591 authorizes and directs the Selact Committee

to conduct an inquiry, inter alia, into:

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4) the procedures and effectiveness of coordination amor

and between the various

ntelligence componen

the

United States Government;

3 the nature and extent of executive branch oversigh

nd control of United States intelligence activities

intelligence activities by United States intelligence instru-

mentalities in the United States and abroad:

(8) such other related matters as the select committee shall

deem necessary to carry out the purposes of this resolution."

'Section 3 of IT. Res. 591 authorizes the Select Committee to inquire

As indicated above, Secretary of State, Henry A. Kissinger, was

summoned to furnish materials in his custody and control pursuant to

a valid, duly executed subpena of the Select Committee, but he delib-

erately failed to comply with the terms of said subpena.

CONCLUSION

All substantive and procedural legal prerequisities have been com~

plied with and the House of Representatives should adopt the accom-

panying resolution to refer the matter to the Untied States Attorney

for the District of Columbia. Title 2, United States Code, Sections 192

late are in compliance with its mandate, its rules and the Rules of th

Iouse of Representatives and we recommend that the House adopt th

solution to report the fact of the retusal of Henry A. Kissinoe

cretary of State, to produce pertinent materials pursuant to a su

pena duces tecum of the Select Committee together with all the facts

n connection therewith to the end that he may be proceeded against

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ORICINAL

BY AUTHORITY OF THE HOUSE OF REPRESENTATIVES OF THE CONGRESS OF THE

UNITED STATES OF AMERICA

To. A. Searle Field, Staff Director, of his duly authorized

repre-

sentative.

or any subordinate officer, ‹

custody. or contral.of the items described in the attached schedule

and by service of a copy hereof the said Henry A. Kissinger,

Secretary

of state.-Or.anysubordinate_officerofficialer employee is hereby

commanded

to be and appear before the ....Select Committee on Intelligence.

ampiterof the House of Representatives of the United States, of which the Hon. --Otis

, Ge like.

_ is, chairman, and to bring

with him the items described inthe schedule annexed hereto and..

made a part hereaf in the office of the Select Committee on Intel-

Ligence. Roem B-316 Rayburn House Office Building.

sixsheix chember in the city of Washington, on ...Navember 11, 1975.

-, at the hour of :. 10:00 a.M

produce and deliver said items to said Committee or

then and there to bestify.stuckingx@uttors.okscaircamomitted six said Committees sans sacrix

the unhe ente instigation authort dad amittee

Res.

.by "Herein fail,.not.

nd make Yetum of this summons exed

i's summon

Witness my hana and the seal of. the House of Representatives

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

-6tt-_ day of _ November

- 19-75

Otis G. Pike,

Chairman.

unga

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29

fore us is hardly debatable. The claim of executive privilege is based on

the assertion, set forth in the communcation to the Select Committee,

that the documents subpoenaed "in addition to disclosing highly sensi-

tive military and foreign affairs assessments and evaluations, disclose

the consultation process involving advice and recommendations of

advisers to former Presidents, made to them directly or to Committees

composed of their closest aides and counselors."

The argument is made that executive privilege may not be asserted

. by President Ford for communications directed to former Presidents

or to advisory committees of former Presidents. On this point, as far

there are no specific legal precedents. However, if the ra-

tionale of United States v. Nixon is applied it becomes apparent that

doctrine must extend to communications involving former

The doctrine of executive privilege is bottomed not on some legal

technicality but on plain and simple logic: the need for confidentiality.

This need can be served only if those who make recommendations to

the President know that their expressions will be protected even after

the f'resident to whom those expressions were made has left office. No

Secretary of State, no high government official, no aide to the Presi-

dent has any assurance that the man he speaks to as President today

may not be gone from the scene tomorrow. How can we espect him to

advise the President with that candor of which the Supreme Court

speaks in U.S. v. Aixon it he knows that the very next day the protec-

tion of executive privilege may be shattered because of a change in the

occupant of the Oval Office?

If the need for a confidential channel of communication exists, isn't

that need just as great on the day before the Presidency changes hands

in orderly fashion every four or eight years? It is just as important on

the last day of a President's term as it is on the first day. But if we

deny the application of executive privilege to conversations with a

former resident then we have to conclude that communications which

are ally protected on January 19 have absolutely no protection on

Those who do not believe that the doctrine of executive privilege can

be invoked by a current President as to occurrences prior to his admin-

istration contend that such & proposition would lead to the ridiculous

result that a current President might invoke executive privilege as to

communications to President Washington. The answer to that is quite

simple: the doctrine is applicable as far back as reasonably necessary

to protect the purpose of the privilege. After the passage of time has

eliminated the dangers of exposure the need for contidentiality disap-

pears and exccutive privilege dissolves.

In any event. Secretary Kissinger is charged by the Select Commit-

tee with a criminal act— violation of 2 USC 192— for obeying the law-

ful order of his superior, the President. It is unconscionable-and

indeed likely unconstitutional-to prosecute a subordinate official for

obeying the lawful direction of his superior.

I submit. therefore, that the resolution of contempt based on this

subpoena should be voted down because there is no critical need for

the documents sought, and because there is verv substantial doubt that

prosecution for contempt in this instance would be successful.

DAVID C. TREEN.

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fold duties; the importance of this confidentiality is too plain

to require further discussion. Human experience teaches that

those who expect public dissemination of their remarks may

yell temper candor with a concern for appearances and for

heir own interests to the detriment of the decisionmaking

process. Whatever the nature of the privilege of confidenti-

alty of Presidential communications in the exercize of Art.

II powers, the privilege can be said to derive from the su-

premacy of each branch within its own assigned area of con-

stitutional duties. Certain powers and privileges flow from

the nature of enumerated powers; the protection of confi-

dentialty of Presidential communications has similar consti-

tutional underpinnings.

The expectation of a President to the confidentiality of

SCHEDULE OF ITEMS REQUIRED TO BE PRODUCED BY

HENRY A. KISSINGER, SECRETARY OF STATE, PUR-

SUANT TO SUBPOENA OF THE HOUSE SELECT COM-

MITTEE ON INTELLIGENCE, DATED NOVEMBER 6, 1975

the present.

exest privately The or Pee tid comms ations. The

and inextricably

rooted in the separation of powers under

the Constitution."

In this case the President challenges a subpoena served

on him as a third party requiring the production of materials

for use in a criminal prosecution; he does so on the claim that

he has a privilege against disclosure of confidential communi-

cations. He does not place his claim of privilege on the ground

hey are military or diplomatic secrets. As to these areas of

1rt. 11 dutres the courts have traditionally shown the utmosi

Presidential

(emphasis

• * * * Moreover, a President's communications and activities

encompass a vastly wider range of sensitive material than

would be true of any "ordinary individnal." It is therefore

necessary in the public interest to afford Presidential con-

identiality the greatest protection consistent with the fair

administration of justice.

The need for confidentiality even

as to idle conversations with associates in which casual ref-

erence might be made concerning political leaders within the

country or foreign statesmen is too obvious to call for further

l'hus, the Supreme Court has given firm foundation to the doctrine

of executive privilege. Its applicability to the circumstances now be-

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Congress' legislative tasks and the responsibility of a grand

inding ay resistive comaged in is tendention a pait of it-

task, legislative judgments normally depend more on the pre-

licted consequences of proposed legislative actions and their

political acceptability, than on precise reconstruction of past

enghts Congres pretent in legislates os the basis of confict-

Thus, in order to have any chance of success in judicial proceedings

which, it should be remembered, are criminal in nature. the Committee

must show that the recommendations of the various Secretaries of

State during the 14 years in question are "demonstrably critical to the

responsible fulfillment of the Committee's function. There is little

doubt in my mind but that this test cannot be met.

Then there is a second, and perhaps even more formidable, legal

hurdle. It is the hurdle of executive privilege asserted in this instance

by the President of the United States.

It is important to keep in mind that the assertion of erecutive

privilege was made by the President and not by the Secretary of State.

By letter from the President's counsel to Secretary Kissinger,

the

President advised the Secretary that he invoked executive privilege

as to the documents covered by the subpoena. The Secretary then trans-

mitted that decision to the Committee. This procedure followed the

method established several years before by presidential order.

But the important question is whether or not the assertion of execu-

tive privilege is valid in this instance. That such a doctrine exists and

has constitutional validity has been clearly recognized by our courts

including the Supreme Court of the United States. United States. v.

Nixon,

418 U.S. 683. Any Member who is troubled about the limits

and definition of executive or presidential privilege should afford him-

self the opportunity of reading the pertinent portion of that decision

ginning at page 70

n United States v. Nixon. the Supreme Court was confronted wit

a collision between executive privilege and the constitutionally pro-

tected rights, as set forth in the Sixth Amendment, that every de-

fendant in a criminal trial has: the right "to be confronted with the

vitnesses in his favor.

Cho rose to spring our not an a v, an eas by

lege, nevertheless, the decision stands as a strong pronouncement as tc

the existence and ertent of the doctrine. When the privilere is asserted

in the top a tina scat tie pet it may die forced aces

›f the Supreme Court in United States v. Nixon, the followino perti

ent portions thereof will be helpful

* The first ground is the valid need for protection of

communications between high Government officials and those

who advise and assist them in the performance of their mani-

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ing inquiry. But what pertinence do recommendations for covert ac-

tions have to the business of the Select Committee?

H. Res. 591 established the Select Committee "to conduct an inquiry

into the organization, operations and oversight of the intelligence

community of the United States Government."

The recommendations

of the Secretary of State, or the recommendations of anyone else for

are not relevant to the

"organization, operations, and

oversight of the intelligence community."

H. Res. 591 authorizes the

Select Committee to inquire into

"the necessity, nature,

of overt and covert intelligence activities by United States intelligence

instrumentalities

* * *" While the authority of the Committee ex-

tends to covert activities actually carried out, that authority does not

give the Committee the power to force anyone to disclose what recom-

mendations he made for covert activities. Perhaps there are some in

the Congress who would like to know what the Secretaries of State

from 1962 to 1972 were recommending. That would make fascinating

mandate is to determine how our intelligence community operates.

There isn't any need for our Committee to look into the minds of the

Secretaries of State over the last 14 years in order to determine how

the intelligence community carried out its functions. Our inquiry be-

gins with the process by which a decision is made to carry out a covert

operation, not with a recommendation to the decisionmakers.

Therefore, I submit that there is no real need for the Committee to

have the information sought by the subpoena. Regardless of our legal

right. we should not pursue the criminal prosecution of the secretary

of State for something that we have no real need for in carrying out

our legislative function.

Committees right to obtain the inform hot.

there are also at least two serious legal impediments to the

First, there is the legal question as to whether or not the subpoenaed

materials seek information which is beyond the scope of our inquiry.

In making this determination the courts will look to the scope of our

authority as defined by H. Res. 591, and will also look to the facts

of the particular case to determine if the subpoenaed materials are

critical to the performance of the Committee's function. The United

States Court of Appeals for the District of Columbia (to which court

such an issue as we have before us would travel) spoke to this issue

in Senate Select Committee v. Nixon, 498 I. 2d 725 (1974). The court

* we think the suficiency of the Committee's showing

must depend solely on whether the subpoenaed evidence is

demonstrably critical to the responsible fulfillment of the

Committee's functions.

* * The sufficiency of the Committee's showing of need

has come to depend, therefore, entirely on whether the sub-

poenaed materials are critical to the performance of its leg-

islative functions. There is a clear difference

between

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APPENDIX B

Title 2, United States Code Section 192 and 194 as follows:

Sec. 192. Refusal of witness to testify or produce papers

thor upon any note anna go one to die to to Po ac

been summoned as a witness by the au-

joint committee established by a joint or concurrent resolution of the

two Houses of Congress, or any committee of either House of Con-

gress, willfully makes default, or who, having appeared, refuses to

answer any questions pertinent to the question under inquiry, shall be

deemed guilty of a misdemeanor, punishable by a tine of not more than

$1,000 nor less than $100 and imprisonment in a common jail for not

less than one month nor more than twelve months. As amended June

22, 1938, c. 594, 52 Stat. 942.

Sec. 194. Certification of failure to testify; grand jury action failing

to testify or produce records

Whenever a witness summoned as mentioned in section 192 fails to

appear to testify or falls to produce any books, papers, records, or doc-

uments, as required, or whenever any witness so summoned refuses to

or failures is reported to either House while Congress is in session, or

when Congress is not in session, a statement of fact constituting such

failure is reported to and filed with the President of the Senate or

the Speaker of the House, it shall be the duty of the said President of

the Senate, or Speaker of the House, as the case may be, to certify, anc

he shall so certify, the statement of facts aforesaid under the seal o:

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sub-

ecommendin

and the Forty

at the White House for decision on the question of executive privilege.

On November 14, the Committee voted, 10-2, to bring contempt

action against Secretary Kissinger for non-compliance with the sub-

)n the same day a letter on behalf of the Secretary of State was

delivered to the Chairman of the Select Committee respectfully des

clining compliance. The letter reads, in part, as follows:

The subpoena sought "all documents relating to Stat

Department

recommending

covert action made to the Na-

tional Security Council and the Forty Committee and its pre

decessor Committees from January 20, 1961, to present." The

Committee staff has made clear that this is intended to cover

recommendations originating with the State Department. An

examination of our records has disclosed ten such documents.

dating from the period 1962 through 1972. These consist of

recommendations from officials in the State Department,

sometimes the Secretary of State, to the Forty Committee or

its predecessor, 303 Committec, or to the President himself

in connection with consideration by one of those Committees.

The documents in question, in addition to disclosing highly

sensitive military and foreign affairs assessments and evalua-

tions, disclose the consultation process involving advice and

recommendations of advisers to former Presidents, made to

them directly or to Committees composed of their closest aides

and counselors.

A very extensive effort was required to identify documents meet-

ing the description in the subpoena.

This was no small undertaking

considering that a period of more than 14 years was involved. As

of November 14, the date of the letter referred to above, the staff of

the administration of President Ford, or the period of time in which

Henry Kissinger has been Secretary of State, and that nine of the

be discarded.

I question the need of the Committee to have recommendations by

the State Department of covert actions. I admit that this is an interest-

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All factors, legal and otherwise, should be weighed by us in making

this decision: is it wise for the House of Representatives to vote favor-

ably on

the resolutions? Our decision could have

far-reaching

consequences.

I would now like to give my own views on this question. I offer them

without pretense of sagacity, but with assurances to my colleagues in

the House that they have been reached sincerely, honestly, and with

much reflection.

It is my opinion that it was not wise of the Select Committee to

vote the resolutions of criminal contempt against the Secretary of

State. Thus, I believe it to be the better part of wisdom for the House

to disapprove the resolutions. I say this for three principle reasons:

(a) To lay down the legal gauntlet now runs the risk of increasing

lostility on both sides. This will lead to a freezing of positions.

onciliatory approach will probably result in the Committee gettin

more information. H.Res. 591, which established the Select Com-

mittee, directs the Committee to report to the House no later than

January 31, 1976. If we send this matter to the courts there is no way

that the issue can be resolved prior to that date nor prior to any reason-

able extension of the life of the Committee.

(b) It is questionable that we need all of the information called

for by the subpoenas. I am convinced that we can obtain,

on a nego-

tiated basis, sufficient information to carry out our legislative man-

date. We should insist on our "legal rights" only when the informa-

tion sought to be withheld from Congress is absolutely necessary

to its legislative function. Especially is this true when the insistence

of asserted legal rights involves the dissembling and enormously dis-

ruptive contempt proceedings against an executive official with heavy

responsibilities. Whatever our views may be of the policies pursued

by Secretary Kissinger and/or the President, we should have a decent

regard for the effects of a judicial confrontation on the ability of

, the Secretary of State to carry out his duties. To require him to direct

his time and energy to a judicial battle would cause a corresponding

diminution of the time that he can devote to his responsibilities. This

is an important element to be placed on the scales in resolving the

equation of wisdom.

(c) Thirdly, I believe it unwise to pursue contempt because there

are serious legal questions as to whether the action proposed by the

Committee will be successful. The Committee has chosen a course of

action which will place the judicial branch in the position of being

the arbiter. If the judicial proceedings are destined to 'be unsuccessful,

because of weaknesses in the committee's case, it behooves the House

not to proceed for at least two reasons. First, we should seek to avoid

the substantial expenditures of money and human effort which wil

have to be expended by both sides. Second, we should seek to avoid

the possible establishment of an adverse precedent because of a weak

case.

II. SPECIFIC VIETS ON THE RESOLUTION COVERED BY THIS REPORT

Let us turn now to the specific resolution covered by this report and

the subpoena on which it is based. It may be useful to the Members

to break out the details of the subpoena as follows:

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CONCURRING VIEWS OF OTIS G. PIKE

This Committee, since its inception, has had some diticulty pene-

trating veil after veil of secrecy thrown by the various intelligence

agencies over the various intelligence activities of the United States

government. One of the mandates of the Committee, as set forth in

the resolution which created it, was to look at:

the nature and extent of executive branch oversight and

control of United States intelligence activities

This we have attempted to do and the results have been disturbing.

In general, rather than being circumscribed by oversight and control

the CIA was acting in every activity of questionable legality and/

or morality, on orders from

"higher authority"- either the President

himself or the National Security Council or its "40 Committee."

I'hose covert actions generated 'by the Central Intelligence Agency's

orofessionals have tended to be that-professional. Those generated

oy the White House or the State Department have tended to be more

questionable, yet apparently they were rarely questioned. In further-

ance of our mandate, the Committee, on the motion of Mr. McClory,

and by a vote of 8 ayes, 5 present, issued a subpoena asking for the pro-

duction of all recommendations made by the State Department to the

National Security Council for covert actions by the CIA. The Na-

tional Security Council is a statutory body, created by Congress in

the National Security Act of 1947. It is not simply an extension of

the Presidency. If there is any legal authority for covert actions by

the CIA (other than the alleged Constitutional power of the President

to lies co the actions by they A hot he c. t het in that a vin

authorizes "such other functions and duties related to intelligence af-

fecting the national security as the National Security Council may

from time to time direct." This is the language on which the CIA has

cil for covert actions.

The State Department, for reasons unclear to this member, has held

itself to be in a wholly different position from every other Department

with which the Committee has dealt. At an earlier time, this Commit-

charge of the Cyprus desk in the State Department had objected

strongly to our actions during that period, had believed that both the

coup and invasion could have been prevented, and had expressed his

(9)

F. Rept. 94-693--2

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views in wilting. The Committee sought, by subpoena, to obtain that

document, and the State Department refused to provide it, rasing the

awful spectre of McCarthyism if Congress were able to get the recom-

nendations of middle-level officers. In refusing to provide the recom

nendations of the man in charge of the Cyprus desk as to what we

should have done in Cyprus, the Secretary of State, on October 14,

1975, wrote the Committee as follows :

It is my strong belief that the Committee should look to

the

policy levels of the Department,

and not to junior and

is my principal aers, eos the police in ortisible dor policy,

middle-level officers, for the

and it is we who should be held accountable before the Con-

gress and the American people for the manner in which we

exercise the authority and responsibility vested in us by the

President and Congress of the United States.

In keeping with

this principle I am prepared now, as I

got the bonged it veted in whis the

have been from the begining, to do the following :

*

*

Authorize any policy level officer of the Department or

the Foreign Service to testify before the Select Committee

on recommendations received by him from his subordinates,

but without identification of authorship, and any recommen-

dations he forwarded to his supervisors.

Just stay away from the poor middle-level officers and we policy

makers will be happy to tell you about our recommendations!

All that is at issue in this subpoena is precisely what the Secretary

of State assured Congress it would get. We want the recommenda-

tions of the State Department's policy makers for covert actions.

If the recommendations of lower level officers in the State Depart-

ment are to be denied to Congress on the grounds of "McCarthyism"

and those of top level officers in the State Department on the grounds

of "executive privilege" then the State Department has arrogated

unto itself total non-accountability for its recommendations as to

operations by the CIA or the NSA or any other intelligence agency.

Oversight by Congress demands, first of all, the will and the stamina

to exercise oversight. Secondly, it requires knowledge as to what ac

tions

are being undertaken.

The Congress simply cannot exercise

oversight if the Executive branch or any Department thereof uni-

laterally determines what facts Congress may have.

There cannot be

comity between the branches if the solemn commitments of October

are broken by November.

The Secretary of State is in contempt of Congress and if Congress

fails to meet its own responsibilities it will well merit that contempt.

OrIS G. PIKE.

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DISSENTING VIEWS OF HON. DAVID C. TREEN

The majority of the Select Committee has voted three resolutions of

contempt against Secretary of State Henry Kissinger. In each in-

stance the resolution recommends criminal prosecution of Secretary

Kissinger under sections 192 and 194 of Title 2 of the United States

Code.

first. I want to make some general comments applicable to th

hree resolutions taken together. Following will be my observation

on the specific resolution covered by this report.

I. GENERAL VIEWS ON THE THRDE CONTEMPT RESOLUTIONS

Like every member of this Committee I am interested in the Select

Committee receiving whatever information is necessary and appro-

priate to our function. It is of vital importance that our intelligence

community

efficiently, economically, prudently, and

proper regard for the rights of individuals.

I differ with the majority on the question of what is "necessary and

appropriate" to our function. I also differ with the majority as to the

wisdom and appropriateness in these circumstances, of our attempts

to hold the Secretary of State in contempt.

The issue of a congressional committee's authority to obtain testi-

mony and materials from the executive branch of the government is a

most important and, indeed, a most interesting issue.

This is a legal

issue, a constitutional issue.

It is the view of some,

if not all, of the

Committee majority that this fundamental issue must be thrashed out

here and now.

In my opinion, neither this Committee nor any other congressiona

committee should feel compelled to assert its leral richts just for the

necessary to the legislative function to obtain the testimony or mate

ials and when there is no other way to meet that legislative neec

hus. it is my hope that the distinction between, what the Selec

committee, or the Congress, may be entitled to legally, on the on

hand, and the appropriateness and necessity of asserting and prosecut-

ina those rights, on the other hand, will be kept clearly in mind in the

debate on the issues raised by the resolutions of contempt.

I am not saying that the legal and constitutional questions should

not be considered and debated. Indeed they should, because the legal

just because that Member concludes that the Committee has the better

side of the legal argument.

(23)

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CONCURRING VIEWS OF RONALD V. DELLUMS

Throughout our investigations the Select Committee on Intelligence

has encountered a pattern of non-cooperation from

branch agencies. The refusal to provide this information is yet another

critical example of their unwillingness to cooperate. There is no doubt

that the documents sought are essential to the Committee's inquiry

The material requested is all of the documents relating to State

Department's recommendations for covert actions to the National

Security Council and the Forty Committee and the predecessor

directed without 40 Committee and NSC approval, contrary to law.

This specific information would be invaluable in establishing those

actions forwarded for approval by the Horty Committee and in estab-

lishing ways and means of approval.

The subpoena was voted subsequent to unsuccessful staff attempts

to secure the specitied information.

After the subpoena was issued, no eftort was made to comply with

the request of the Committee. To preclude the Committee's review oj

this information would be contributing to a cover-up of possible wrons

do his committee has a finite life; its end is rapidly approaching. If

we are to carry out as full an investigation as possible and still report

on the date required, further negotiation and other interim steps will

recedent to

in contain over one them to dolan, the ion on at o

RONALD V. DELLUMS.

(11)

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" 2i

still very much alive and to set a precedent in this case in which

Presidents and their closest ades could tear revelation of their internal

deliberations after they left the government would certainly have a

chilling effect on the trank, forthright,

and sometimes publicly un-

populi advice which the Chief Executive has a right to expect from

he majority report. The Committee subpoenaed and the Executive ha

ompiled a total of 25 documents prepared by the Department of Stat

which were sent to the National Security Council and the Forty Com-

mittee in which the Department initiated 18 proposals for covert action

projects. These documents cannot be described as a normal part of the

remendous paper flow between an Executive department and th

White House. Rather. these documents contained hiohly sensitive in

formation and went directly to the National Security Council, which

is chaired directly by the President, or to the Forty Committee, which

is chaired by the Assistant to the President for National Security Af-

fairs-one of the President's two closest advisors in matters of foreign

which he is aware, did any covert operation receive approval without

he direct personal attention of the President. Clearly, these docu

nents either went directly to the President or were the basis for a

rsidential briefing by one of his closest advisors. They are at th

as such, deserve protection

vitait the toregoing reasons it is the position of the undersigned that

the resolution seeking to hold Dr. Kissinger in contempt for failure to

produce materials under the State Department subpoena be rejectec

overwhelmingly by the Members of the House of Representatives.

ROBERT MCCLORI.

NW 68262 Docld:32989696 Page 98

---

## Page 99

20

in writing the President's instruction to the Secretary of State to re-

spectfully decline compliance with the subpoena on the grounds of the

President's personal assertion of executive privilege. The Majority Re-

port falls to mention the tact of this assertion of executive privilege;

neither does it, in any way, challenge the validity of the assertion.

In the above-mentioned letter from the President to the Committee,

the Committee received the President's personal word that

the documents revealed to an unacceptable degree that con-

sultation process involving advice and recommendations to

Presidents Kennedy, Johnson, and Nixon, made to them di-

rectly or to committees composed of their closest aides and

counselors.

The Committee has no evidence, and has, in fact, made no claim

that this is not the case. In the absence of any such claim, it seems to

me that the President's claim in this respect ought to be honored and

respected.

The Committee's action in pressing the contempt resolution in the

face of the President's assertion of executive privilege in this case

creates a conflict between the House of Representatives and the Presi-

dent which cannot be resolved by following any definitive precedent..

However, there is a clearly established manner for the House to meet

a challenge which it regards as contumacious. 'There is no need to refer

this matter to the courts. If this House had the gumption, it could

utilize its own authority to order the Sergeant-at-Arms to seize the

Secretary and confine him to a common jail in the District of Colum-

bia or the Guard Room of the Capitol Police. Of course there is no.

apparent intention on the part of any members of this Committee to

follow this course of action. Indeed, no Congress has even undertaken:

to exercise its contempt authority in this manner against a sitting

member of the President's cabinet-but the members ought to be

aware that if the full House approves this resolution, it will set in

motion a course of events which can result in an equally disastrous

spectacle.

My point is that there may never be a "good" time in the course of

Congressional-Executive Department relations for seeking a definitive

ruling on the question of the power of a House Committee to secure

documents or information where a defense of "executive privilege" is

raised. While, indeed, there may never be a "good" time for pursuing

such a procedure, now would seem to be the "worst" time considering

the turbulent situation in world affairs.

Several members of the Committee have questioned the President's

authority to assert executive privilege on behalf of his predecessors in

office. Bearing in mind that the raison d'etre of the privilege is the pro-

tection of the integrity of the consultation process between the Chief

Executive and his closest advisors, it would seem obvious that the priv-

ilege runs to the Ofice of the Presidency rather than to the individual

President himself and numerous precedents can be cited in support

of this particular assertion. The President has not claimed a privilege

which covers a period going back to the founding of the Republic-

cather he has sought to protect the consultation process in the im

mediate past three Administrations as it occurred over the past li

years. Many people who served in the past three Administrations are

NW 68262 Docld:32989696 Page 99

CONCURRING VIEWS OF JAMES P. JOHNSON

The response to the subpoena issued to Henry A. Kissinger as Sec-

retary of State raised a fundamental issue and deserves the closest.

attention and scrutiny. The subpoena requested "all documents relat-

ing to State Department recommending covert action made to the

National Security Council and the Forty Committee and its prede-

cessor committees from January 20, 1961 to present."

On November 14, 1975, the Chairman received a letter read into the

record by Mr. McClory as follows:

DEAR Mr. CHAIRMAN: The Secretary of State has been in-

structed by the f'resident respectfully to decline compliance

with your subpoena to the Secretary of November 6.

for the reason that it would be contrary to the public interest

and incompatible with the sound functioning of the Executive

Branch to produce the documents requested.

the subpoena sought "all documents relating to State De-

partment recommending covert action made to the Nationa

Security Council and the forty Commit and see pree

cessor committees from January 20, 1961, to present.

committee staff has made clear that this is intended to cover

recommendations originating with the State Department. An

examination of our records has disclosed ten such documents.

dating from the period 1962 through 1972. These consist of

recommendations from officials in the State Department,

sometimes the Secretary of State, to the Forty Committee or

Its predecessor, 303 Committee, or to the President himself

in connection with consideration by one of those committees.

l'he documents in question, in addition to disclosing highl

sensitive military and foreign affairs assessments and eval

uations, disclose the consultation process involving advice

and recommendations of advisers to former Presidents, made

to them directly or to committees composed of their closest

aides and counselors.

Therefore, I advise you that the Secretary of State is de-

clining to comply with such subpoena on the basis of the

President's

assertion of Executive

privilege. Sincerely,

George FI. Aldrich, Acting Legal Advisor to the Depart-

ment of State.

The key paragraph says, "The documents in question, in addition

to disclosing highly sensitive military and foreign affairs assessments

rectly or to committees composed of their closest aides and counselors."

This language was nearly identically repeated in a Presidential letter

to the Chairman dated November 19, 1975..

(13)

---

## Page 100

14

The secrecy raised peripherally by the letter must not be allowed to

deflect attention away from the real issue.

The President and the

Chairman and Ranking Member previously worked out an agreement

under which the committee would receive classified information. Pur-

suant to this agreement, no classified information received by the com-

mittee can be released without the President's prior approval. Since

reaching this agreement, no information requested has been denied the

committee on the grounds of its classification, and the President has

not said here that the documents are denied because they are highly

classified. Rather, the assertion is made that they

"disclose the con-

sultation process involving advice and recommendations of adorsers

to former Presidents, made to them directly or to committees composed

of their closest aides and counselors."

But, the subpoena was for documents from the State Department to

the National Security Council and Forty Committee and its prede-

cessor. To allow the doctrine of Executive privilege to extend to gov-

ernment documents of prior Administrations where publication and

classification is not an issue, is to my mind a dereliction of my duty as a

Member of Congress. The claim was not made by the Presidents in-

volved. The documents were not removed at the expiration of the

terms as being private. They are not being held in private, Presiden-

tial files. They were left as government documents in the State Depart-

ment files. They are classified, but their classification is not asserted as

a reason for withholding them from the committee which has access

to secret documents ranging from assassination attempts to SALT

compliance. They are withheld because they are allegedly "recommen-

dations of advisers to former Presidents, made to them directly or to

the committees composed of their closest aides and counselors." Thus.

the claim is made, public documents become private communications

which qualify for the doctrine of Executive privilege.

If the State Department documents recommending covert action,

made to the National Security Council or the Forty Committee or its

predecessor constitute recommendations of advisers to Presidents, then

what government document doesn't become subject to similar claims of

Executive privilege? The State Department is not a department of

the United States Government under this assertion; rather, its em-

ployees are advisers to Presidents. State Department documents di-

rected to another agency of government have become recommendations

of advisers to Presidents, made to committees composed of their closest

sides and counselors. Thus, the National Security Council, created bi

Jongress throuch the Act of 1947 to be the chief advisory bodv'to th

President with respect to National Security affairs is reduced to a

group of the "closest aides and counselors."

The doctrine of Executive privilege to protect the privacy of Presi-

dential policy makino procedures is surely a sound one. But, to estend

it to a prior President vho did not assert it, to apply it to government

documents between governmental agencies, amounts to a claim of the

power of censorship that cannot be accepted, in my view.

I asked the representative of the Executive Branch who appeared

fore our committee. Mr. Scala, if there was another way to get &

court determination of the issue besides a contempt citation of the

Secretary of State. He replied that this was not an issue for the courts.

NW 68262 Docld:32989696 Page 100

DISSENTING VIEWS OF REP. ROBERT MCCLORY

In the final sentence of his letter to the Select Committee dated No-

vember 19.

with which , he Parties of tur. The & States ired a si believe

"I believe

that the national interest is best served through our cooperation and

adoption of a spirit of mutual trust and respect." It is my earnest con-

tention that in this area of complex national security issues and in an

atmosphere of ongoing serious negotiations with the Executive Branch,

the Committee ought to have continued to work together with the

President to resolve remaining differences rather than follow the pre-

spitate route of voting a contempt citation against the chief foreign

affairs officer in this Administration at such a crucial time in world

events. As the President stated,

there'is a legitimate national interest

at stake here that ought to transcend all the recriminations, misunder-

standings, and personality conflicts which have brought the Commit-

tee to this unfortunate action.

The House Select Committee on Intelligence has been given one of

the most sensitive and important responsibilities which has faced the

Congress since World War II. It has been no easy task to pierce the

veil of secrecy which has surrounded the intelligence community's op-

erations since our nation became the most powerful country on earth—

and it has been more difficult still to come to grips with some of the

most fundamental questions at the heart of the operation of a secret

intelligence function in a democratic society. It I do say so, I believe

that the Select Committee, with the aid of unprecedented cooperation

on the part of the Ford Administration, has been conducting a cruci-

illy important investigation in a most honest and responsible manner

It is in this context of respect for the dedication and hard work o

the Committee that I must express my regret that the majority has

chosen to take the hasty and mistaken action of voting a contempt

resolution against the Secretary of State. In my opinion, the Commit-

tee has made an unfortunate and serious error in citing the Secretary

for contempt, and this resolution does not merit the support of the

full House of Representatives.

Secretary Kissinger ought not to have been cited in contempt for re-

fusing to surrender State Department documents for which the Preci.

dent of the United States has aserted a claim of executive privilege.

The Committee's subpoena to the Secretary sought "all documents re-

lating to State Department recommendino covert action made to the

National Security Council and the Forty Committee and its predeces.

sor committees from January 20, 1961 to the present.» After service of

the subpoena, the appropriate documents were identified and referred

to the White House for review. The Attorney General was asked to

carefully review these documents and rendered an opinion that erecn-

tive privilege could appropriately be asserted. By letter to the Secre-

ary dated Ñovember 14, 1975. the Counsel to the President confirmed

(19)

---

## Page 101

18

Therefore, prior to demanding possession of extremely sensitive

documents,

the Congress must have & mechanism and an internal sys-

tem that will provide safeguards for the protection of these vital

national secrets. No such safeguards presently exist. Current House

'ules, committee structures diversified intelligence jurisdiction, anc

House customs must be altered before closely held secrets can be prop-

erly protected.

In past Congresses, highly classified matters and extremely sensi-

tive situations have been handled by a few key members of Congress

on behalf of the entire body. Exposure of these vital national secrets

was very limited.

Beginning with the 93rd Congress, and accelerating rapidly in the

94th Congress, numerous "reforms" have drastically altered past prac

aces. While the new reforms have greatly increased individual mem-

ber participation in the legislative processes, these same reforms have

proportionately placed the nation in jeopardy concerning official

As an example, present rules in the House of Representatives allow

any member to have full and unlimited access to all committee files

and to any document within those files. There is no practical way to

Keep any member from

"leaking" any information to the press, re-

gardless of the security classification. There is no legal way tò prevent

an individual member from unilaterally releasing all or any part of

an official secret by simply going to the floor and making it public in

a floor speech. The wide diversity of opinions between individual Con-

gressmen makes this procedure dangerous to national security and

foreign relations.

"In summary, the Select Committee on Intelligence has presented a

to establish mechanisms to responsibly handle the classified and sensi-

tive matters that it seeks in the subpoenas.

While the committee's contention that "Congress has a right to the

naterial summoned in the subpoena:

a later date, after the House has established firm rules and procedures

that will properly protect the extremely sensitive and highly classified

national secrets that are involved.

By putting its own house in order before pressing this issue, Con-

then be necessary; the issue would be clear to the public, the Congress

would not be subject to criticism, and national security would not be

Any possible benefits at this time, in citing Secretary Kissinger for

tion. Neither branch would win, and the nation would lose.

Members are strongly urged to oppose the resolution to cite the

Secretary of State for contempt of Congress.

DALE MILFORD.

NW 68262 Docld:32989696 Page 101

15

We are left with the choice of accepting this claim of Executive privi-

lege or of citing the Secretary of State-two distasteful alternatives.

In my opinion,

the more serious consequence would result from

allowing the doctrine of Executive privilege to be extended under this

The security classification system should not cloud the issue.

The right of privacy of a sitting President is not challenged here. The

right of privacy of private communications to previous Presidents is

But, the resident must not be allowed to censor material that goes

when the security classication system is not involved. The claim that

government employees in the State Department or the National Secu-

rity Council are advisers or aides or counselors to the President, who

are part of the consultation process which qualifies for Executive privi-

lege makes the Presidency, rather than the United States Government.

the object of loyalty of those who work for the United States. This

claim, if allowed to stand unchallenged, can be extended and infinitum

to nearly all important government documents or officials which would

result in a complete destruction of the system of Congressional over-

sight. This claim, unchecked, makes the office of the President into a

monarchy.

The same assertion can be made (though it hasn't been) for CIA

documents to the National Security Council, going back to the incep-

tion of the agency. The same claim applies to Defense Department

recommendations; to Transportation Department recommendations to

the Federal Energy Administration; or Commerce Department rec-

ommendations to the Council of Economic Advisers in prior Adminis-

trations, etc., etc. Perhaps more illustrative of the serious potential.

consequences of this claim of Executive privilege is to try to differen-

tate between the present claim and the testimony of an official of a

previous Administration before a Congressional committee. Could

President Ford prevent former Secretaries Rogers or Rusk from testi-

lying as to State Department recommendations. during their tenure

in office on the grounds of Executive privilege? If he can prevent the

documents from being delivered, can't he stop testimony? It would

Most importantly, if this claim is allowed to stand, how is a Con-

go through the Forty Committee and the National Security Council. If

this material is subject to the claim of Executive privilege, then Con-

gress can be effectively by-passed in the future, as it has been in the

past in this critical area. The right of Congress to participate in de-

cisions of utmost urgency would once again be emasculated. Obviously,

the Legislative Branch cannot allow this claim to go unchallenged.

Hopefully, a solution will be forthcoming, short of pursuing this

citation, but it must not be by Congressional acquiescence in this claim

of Executive privilege.

JAMES P. JOHNSON.

---

## Page 102

DISSENTING VIEWS OF THE HONORABLE

DALE MILFORD

A Constitutional confrontation between branches of this nation is a

very serious matter. As in any battle, there will be a loser. In this in-

stance, both sides could very possibly lose.

Public confidence, in a government's structure and its system is an

absolute necessity for the survival of a democratic regime. A Consti-

utional confrontation, brought about by a serious national need or as

& result of well-defined issues, can maintain or even build public con-

fidence. On the other hand, such a confrontation that is politically

very detiremental to this country's welfare.

H. Rept. 94-693—3

NW 66262 Docld:32989696 Page 102

---

## Page 103

17. it

OFFICE OF THE DEPUTY ATTORNEY GENERAL

WASHINGTON, D.C. 20530

December 17, 1975

FROM:

SB

TO: John A. Mintz,

Assistant Director

Legal Counsel Division

Federal, Bureau of Investigation

Stevën K. Blackhurst

Assistant Special Counsel for

Intelligence Coordination

House Select Committee Request

dated December 11, 1975

Attached is a letter from the House Select Committee

requesting that certain materials be declassified for

inclusion in the Committee's report.

The Committee's

"deadline" has been changed to December 22, and is

probably flexible. Please arrange for an appropriate

response to the Committee's request, (I have already

discussed possible responses to this request with

Tom McNiff who can deal directly with John Atkisson of

the House Select Committee staff on this if that is

agreeable).

CC:

Paul Daly

Si-fic

REC:30

62

1164104-226

-552559157

WE DEC 19 1975

BS4- DEC 2'9 1975

NWEL

Docid g2938696 Page 103

62-116464

5- Duffer

---

## Page 104

Docembar 17, 1975

TO: John A. Ilintz, Assistant Director

Legal Counsel Division

Federal Bureau of Investigation

FROM:

Steven K. Blackhurst

Assistant Special Counsel for

Intelligonce Coordination

SUDJECT:

House Select Cormittee Requeat

dated December 11, 1975

Attached is a letter fron the House Seloct Committee

requesting that carcain materials be declassitled for

inclusion

in the Committoe's report.

The Connittee's

"deadline" has been changed to Dacember 22, and is

probably clostble. Please arrange fos an appropriate

response to the Cormittee's requesi (I have already

discussed possible responses to this request with

Tom Mcwife who can deal directly with John Atkisson of

the House Soleck Committee staff on this is thai is

agreeable}.

co:

Paul Daly

NW 68262 Docld:32989696 Page 104

---

## Page 105

OTIS G. PIKE, N. %., CHAIRMAN

ROBERT N. 'GIAIMO, CONIS.

ROBERT MCCLORY, ILL.

JAMES V. STANTON, OHIO

DAVID C. TREEN, LA.

RONALD V. DELLUME, CALIE.

JAMES P. JOHNSON, COLO

MORGAN F. MURPHY, ILL.

ROBERT W. KASTEN, JR., WIS.

LES ASPIN, WIS.

DALE MILFORD, TEX.

PHILIP H. HAYES, IND.

WILLIAM LEHMAN, FLA,

A. SEARLE FIELD, STAFF DIRECTOR

AARON B. DONNER, COUNSEL

TELEPHONE: (202) 225-9751

Select Committee on Intelligente

U.S. House of Representatives

Clashington, D.C.

20515

.:

TOF JUSTICE

CAIL NGOH

OROM

December 11, 1975

Mr. Michael Shaheen

Spec. Counsel for Intel. Coordin.

epartment of Justice

Nashington

D.C.

Dear Mr.

Shaheen:

The Committee requests that the following documents

referred to in the November 18, 1975 hearing be

declassified for inclusion in our report.

Because of the severe time pressures we request that

such be made in writing by Wednesday Dedember 17th;

1975.

The documents are as follows:

1. November 26, 1975. Letter from Blackhurst

re: targets of warrantless

electronic surveillance

and targets of surreptious entries.

2. WFO report, 3/14/69 re: Institute for PoLiCy

Studies, cover pages A,B, C, D, E,I, G.

Sincerely

zill

Feis

A. Searle Field

Staff Director

*12x

NW 68262 Docld:32989696 Page 105

OFFICE OF LEGISLATIVE AFFAIRS

SEPUTY ATTORNEY GENERAL

BEPARTMENT OF 10377CE

DEC 16 1975

62114464-22

*: =

LOEFICE OF LEGISLATIVE AFFARE

ENCLOSURE!

DEPUTY ATTORNEY GENERAL

---

## Page 106

OPTIONAL FORM NO, 10

5010-106

MAY 1962 EDITION

GSA GEN. REG. NO, 27

UNITED STATES GOVERNMENT

Memorandum

DATE:

SUBJECT:

dous..

Rikinse jes

The attachedl.i

1591-1492

has been

received in the Records

appropriately initialed, and

indicated for file.

By use of Instant transmittal memorandum

all necessary recording and indexing will be accomplished. It

is to be noted this form is for internal use only within the

necoras section, principally by the Routing Unit where bulky

material not accompanied by memorandum is usually received.

The enclosure, if bulky and not usually filed with

other papers in Ille,

may be detached but this action should

be clearly noted under the word "Enclosure."

Enc.

NOT RECORDED

1R DEC 19 1975

ENCLOSURE,

ww 682o2=Sodia319%5696 Page 106

---

## Page 107

OFFICE OF THE DEPUTY ATTORNEY GENERAL

WASHINGTON, D.C. 20530

December 12, 1975

TO :

Mitc

FROM:

SUBJECT:

John A. Mintz, Assistant Director

Legal

Counsel Division

Federal Bureau of Investigation

Michael E. Shaheen, JI.

Special Counsel for Intelligence

copraination

House Select Committee Request

Attached is a letter from the House Select

Committee dated December 10, 1975, requesting delivery

of certain materials related to FBI purchases from

U. S. Recording Company. Please arrange for an

appropriate response.

11/24/15 SA Roth eel adis in Daly has freed ASC

resumese to al

your completion of

internal inquiry.

Cc:

Paul Daly

PUDIEN

/ 423126

Ken 6 2 1474412-2252

@ FEB 12 1976

4 FEB 1 8 1976

NW 68262 Docld:32989696 Page 107

---

## Page 108

OTIS G, PIKE, N. Y., CHAIRMAN

BERT MCCLORY, IL

VID C. TREEN,

NERGPIE, MURPHY, ILe.

PHILIP H. HAYES, IND.

NILLIAM LEHMAN, FLA

SEARLE FIELD, STAFF DIRECT

RON B. DONNER, COUNS

TELEPHONE: (202) 225-9751

Select Committee on Intelligence

M.S. House of Representatives

Hashington, D.E. 20515

10 December 1975

-

Mr. Michael E. Shaheen, Jr.

Special Counsel for Intelligence

Coordination

U.S.

Department of Justice

Washington, D.C.

20530

Dear Mr. Shaheen:

Persuant to our inquiry into the cost of

intelligence, we respectfully request that

you submit to us calculations of the total

dollar amount of purchases made by the Fed-

eral Bureau of Investigation from U.S. Record-

ing Company by year.

Please send us these records from every year

which you have records reflecting the gross

dollar amount of sales between U.S. Recording

and Federal Bureau of Investigation.

We further request that you indicate by year

what percentage of the sales were the result .

of classified contracts.

Sincerely,

"O: Desis Fill

A. Searle Field

Staff Director

ASF/TO/ang

i!

RECEIVED

ENSIOSURE

6244464225X

NW 68262 Docld: 32989696

Page 108

---

## Page 109

TO

FROM :

SUBJECT:

OPTIONAL FORM NO. 10

5010-106

MAY 1962 EDITION

GSA GEN. REG. NO, 27

UNITED STATES GOVERNMENT

Memorandum

Mr. McDermote)

W. I, Bailey WuY

HOUSTUDY

DATE:

12/12/75

Assoc. Dir. _

Dop. AD Adm. -

Dop. AD Inv. _

Asst. Dir.:

Admin.

Comp. Syst. _

Ext. Affairs —

Files & Com. -

Gon. Inv. -

Ident. -

Laboratory

Spec. Inv. -

Training—

Tolephone Rm. -

Diroctor Soc'y —

Reference is made to Legal Counsel memorandum to

Mr. Adams dated 11/25/75 regarding the House Select

Committee's request to interview Special Agent James W.

Awe regarding his participation on the U. S. Intelligence

Board Information Handling Committee.

In connection with this request, Special Agent Awe

was

interviewed in his office on 12/3/75 by House Select

Committee Staff Member, Tina Yamamotto.

She was specifically

interested in the nature of the Information Intelligence

Handling Committee (IHC) and its relationship to the

U.S: Intelligence

Board (USIB), the extent of FBI

participation in this committee, the value of the committee

and

whether it should be continued, and to determine if

there was any FBI objection to the fact that CIA serves

as chairman of the committee.

It was explained that IC was one of many

committees of USIB.

IHC has as its general mission the

promotion of effective interchange of Intelligence informa-

tion among the members of the Intelligence Community from

a records management point of view.

The Bureau's participa-

tion in the activities of IHC has been limited to the status

of observer with the exception of an effort by a Subcommittee

toward uniform application of procedures in the National

Agency Check Program. The committee has been of value to

the Bureau in that it allows the Bureau to keep in touch

with other records managers throughout the Intelligence

Community which provides ready access to information regard-

ing record problems, procedures, and status of records

automation.

It is especially important to maintain certain

standards so there can be an effective interchange of

arration toon the in eh gence neen this 6 4 2.25

an automated environment with their records system Althotg

the committee has had a limited amount of meetings

the

HE DEC 19 1975

1 - Mr. Wannall

I - Personnel File - James W. Awe

Attention:

Mr. Cregar

1 - Mx. Mintz

Attention: Mr. Hotis

JWA : evp

C 9759696 Page 109

CONTINUED OVER

---

## Page 110

Memorandum to Mr. McDermott

HOUSTUDY

sharing of information regarding record problems, automation

efforts and the efforts toward certain data standards has

been and will continue to be important from cost effective

point of view for all the members which should result in

general economies

for the entire federal

government.

Director of the Central Intelligence Agency (CIA) also

serves as the Director of Central Intelligence (DCI) fOr

the Intelligence Community.

For CIA to continue in this

capacity would seem appropriate and the FBI woula interpose

no objection, insofar as IHC committee activities are

concerned.

RECOMMENDATION:

For information.

-2-

NW 68262 Docld:32989696 Page 110

---

## Page 111

:

The Attorney General

Director, FBI

2 - Mr. J. A. Mintz

(1 - Мг.

J. B. Hotis)

1 - Mr. W. R. Wannall

November 18, 1975

1 - Mr. W. O. Cregar

1 - Mr.

R. L. Shackelford

1 - Mr.

T. J. McNiff

1 - Mr. R. D. Hampton

43/511

This is in partial response to HSC letter dated

October 28, 1975, requesting access to os production of certain

enumerated FbL files.

Attached for your approval and forwarding to the HSG

is the original of a memorandum which constitutes a partial

being prepared for your records.

Enclosures (2)

62-116464

1• The Deputy Attorney General

Attent10n:

Michae, E. Shaheen, Jr.

special Counsel for

Intelligence Coordination

",.-

1 • 100-431511

RDH: eks/mjg

(12)

UNREC COPT K

My CODI

RЕCЗT

42-110-154-224

HE DEC 19 1975

Assoc. Dir.

Dep. AD Adm. -

Dep. AD Inv. -

Asst. Dir.:

Admin. -

6-ENELASURE

Comp. Syst. -

Ext. Affairs —

Files & Com. _

Gen. Inv. -

Ident. _

Inspection -

Intell. -

Laboratory

Plon, & Eval. -

"ENCLOSURE IN BULKY ROOM"

Spec. Inv. -

Training

Legal Coun.

i'11

Telephone Rm. -

So DeG 1g4075002

TELETYPE UNIT

68262 Docld:32989696 Page 111

Bein

JANY

'5'

GPO: 1975 0 - 569-920

---

## Page 112

62-116454

2 - Mr.

.

A. Mintz

(1 - Mr. J. B. Hotis)

1 - Mr. W. R. Wannall

1 - Mr. W. 0. Cregar

1 - Mr. R. L. Shackelford

November 18, 1975

1 - Mr. T. J. McNiff

1 - Mr. R. D. Hampton

U. S. HOUSE SELECT COMMITTEE

TO STUDY GOVERNMENTAL OPDRATIONS

WITH RESPECT TO INTELLIGENCE ACTIVITIES (HSC)

RE:

REQUEST FOR MATERIALS CONCEREING

PETER CAMEJO

Reference is made to Est Letter dated October 28, 1975,

Item #3, which requests "access to any and all files of FBI

concerning Peter Camejo, SWP."

In accordance with established procedures, Bureau file

concerning Peter Gamejo has been reviewed and approprately

excised materials relating to the basis for the investigation

results of the investigacion, and any instruction ot guidance

Erow FBI Headquariers (FBIHO) has been extracted therefrom.

This material is presently available at FBINQ for review by HSC

Staff Members.

1 - The Attorney General

1 - 100-431511

RH eks/mignyz

(11)

NOTE:

Peter Canejo is a leading functionary in the SHP and

has been of continuing investigative interest to this Bureau

Assoc. Dir. since 1959.

Dep. AD Adm. -

. 1

Dep. AD Inv. _

Asst. Dir.:

Admin.

Comp. Syst. —

Ext. Affairs -

Files & Com. -

Gen. Inv. -

Ident. -

Inspection.

Intell. -

Wow!!

* |

Laboratory

Plan. & Eval. -

Spec. Inv. _

Training.

Legal Coun. _

Telephone Rm. -

"!''

224

Director Sec'y - MAIL ROOM L

TELETYPE UNIT L

ENCLOSURE

NW 68262 Docld:32989696 Page 112

GPO: 1975 0 - 569-920

---

## Page 113

' 5-140 (Rev. 1-21-74) FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D. C. 20535

Addressee:

HOUSE SELECT COMMITTEE

CILTR

[X) LHM

[y Memo

• Report dated _11/18/75

HOUSE SELECT COMMITTEE (HSC). Re: Request

U, So Document: for Materials Concerning Peter Cafejo,

(HSC letter 10/28/75, Item #3.)

Originating Office:

FBI

Delivered by:

Received by:

Em

Quiter

- Date: 11/21/75

- CL

Return this receipt to the Intelligence Division, FBI

/

1.224

NW 68262 Docld:32989696 Page 113

---

## Page 114

NOTE: SEE INSTRUCTIONS ON REVERSE

BEFORE COMPLETING.

visio

CLASSIFY AS APPROPRIATE

FROM:

TO:

Intelligence Community Staff

ATTN: Central* Index

TBI

SUBJECT: Abstract of Information Provided to Select Committees

1. HOW PROVIDED

(check appropriate

If a document was made available

but not transmitted, so

DOCUMENT

BRIEFING

INTERVIEW!

| TESTIMONY |

OTHER

2. DATE PROVIDED

21/18/75

3. TO WHOM PROVIDED (check appropriate term;

add specific names if appropriate)

sSC

X | HSC

4. IDENTIFICATION

(provide descriptive data for documents; give name or identification number of briefer,

interviewee, testifier and subject)

Menorandun

5. IN spoNs orbal re date or it, mber aldo, esponse formal request, other-

ESC letter 10/28/75, item 3

6. CLAORMATION ON GET

Codewosa TS or

U

7. used under sent fore phases late key words from

the list provided separately;

if key words not listed age

Information handling

Intelligence collection

8. SUMMARY (see reverse side before completing this item)

Avallable for review by appropriate HSC Staff Members at FBINQ

materials relating to Peter Canejo.

62-116464

FMK: fmk

(4)

ORIGINAL VIA LIAISON TO CENTRAI, COMMUNITY INDEX

IN CONNECTION WITH HOUSTUDY

TREAT AS YELLOW

5 g2

379| (6-75)

NW 68262 Docld:32989696 Page 114

CLASSIFY AS APPROPRIATE

---

## Page 115

INSTRUCTIONS

• Type or print clearly in ink.

• Indicate classification of the abstract top and bottom.

• Date the abstract and put on any internal control numbers required.

"FROM" entry should clearly identify the organization providing the

information.

• If additions (as when a copy of document sent to SSC is later sent to

HSC) or changes to a previously submitted form are necessary, submit a

copy of the original abstract, with the change indicated.

SPECIFIC ITEM NO. 8. SUMMARY - enter brief narrative statement describing

substance of information and showing relationship to Intelligence Community

matters if appropriate. Any feedback or evidence of investigatory interests

should be noted. Commitments made to supply additional information should be

noted. Additionally, certain administrative information may be entered here,

e.g., restrictions on review of a document, if document was paraphrased, whether

interviewee is current or former employee, etc. If actual document or transcript

is provided, that fact should be noted and no summary is required. Additional

pages may be attached if necessary.

1. " *

NW 68262 Docld:32989696 Page 115

---

## Page 116

OPTIONAL FORM NO. 10

MAY 1962 EDITION

5010-106

GSA GEN. REG. NO, 27

UNITED STATES GOVERNMENT

Memorandum

: Mr. Jenkins

FROM

w. M. Moolly

SUBJECT: HOUSTUDY

Assoc. Dir. c.

Dep. AD' Adm. -

Dap. AD Inv. _

Asst. Dir.:

Admin.

Comp. Syst. —

Ext. Affairs _

DATE: 12/10/75

Laboratory

Plan. & Eval. -

Spec. Inv. -

Training

Legal Coun..

Telephone Rm. -

Director Sac'y -

On 12/9/75, SA John M. Kirsch was interviewed

at the J. Edgar Hoover Building, Washington, D. C., by Mr. Timothy

Oliphant in the presence of SA Paul Daly. Mr. Oliphant who is representing

Congressman Pike's Committee inquired concerning social activities at

Harper's Ferry, West Virginia. SA Kirsch advised that he had attended

two such gatherings primarily composed of Bureau personnel (present and

former) during early 1974, the first such occasion being in January or

February and the second a few months later, probably April, 1974. In

response to Mr. Oliphant's question as to who invited SA Kirsch to attend

Harper's Ferry, he was advised that SA Kirsch attended at the invitation

of Assistant to the Director, Deputy Associate Director Thomas J. Jenkins

who was at that time Assistant Director in charge of Training Division.

Mr. Oliphant asked what the costs were for meals and lodging at Harper's

Ferry and SA Kirsch advised that at best he could recall the costs were

not excessive and probably $12 to $15 covered the entire affair. Certainly

no more than $20 was expended at either of the two outings by SA Kirsch. W

SA Kirsch did not recall exactly who collected for the meals but believes

it was probably Mr. John Mohr. Mr. Oliphant asked what the table stakes

were at Harper's Ferry and SA Kirsch advised that while he could not i he

recall specifically, he believed they were rather low, perhaps 10¢ and 25ç.

SA Kirsch was specifically asked if he had met Mr. Joe Tate

at which he replied that he had met him on one or two occasions but that he

wouldn't know Joe Tate if he met him on the street. He was then asked if

he knew Mr. Gus Oberdick. SA Kirsch advised that he has seen Mr. Oberdick

a half dozen occasions during the past 20 years and noted that Mr. Oberdick

was a friend of former SAC Henry Sloan e SA Kirsch stated that he did not

believe Gus Oberdick would know him if

were to see him on the street.

Mr. Oliphant asked if SA Kirsch had ever been assigned to the Administrative

1..

Division to which he replied no.

Mr. Oliphant asked it sA Kirsch had ever

1 - Mr. Bassett

REC-30 02-111-15

U 1 - Mr. Mintz

2** DEC 16 1975

1 - Mr. Wannall

+ 0938-79

1 - Mr. Cregar

1 - Mr. P. Daly

1 - Personnel File of SA John M. Kirsch

CONTINUED - OVER

JMK: jmto.Fi

4 DEC 199 1975

66262 Docld:32989696 Page 116

---

## Page 117

Memo Mooney to Jenkins

Re: HOUSTUDY

arranged for the purchase of any law enforcement equipment from

Mr. Oberdick to which he replied no. Mr. Oliphant asked if SA Kirsch

had ever recommended any type of weapon or equipment be purchased

in the police line at which time he was advised that SA Kirsch had in fact,

as part of his duties, made recommendations for a variety of such purchases

over the past several years. He was advised that the only large purchase

of firearms with which SA Kirsch had anything to do was the acquisition of

military weaponry from the Department of Defense for use by FBI

Apprehension Teams.

RECOMMENDATION:

For information.

I lay

- 2 -

NW 68262 Docld:32989696 Page 117

---

## Page 118

OFFICE OF THE DEPUTY ATTORNEY GENERAL

WASHINGTON, D.C. 20530

December 8, 1975

TO :_

John A. Mintz Assistant Director...

Legal Counsell Division

Federal Bureau of Investigation

Ma FROM

Michael E. Shaheen, JI.

Special Counsel for Intelligence

O Coordination

SUBJECT:

House Select Committee Request dated December 1

Attached is a letter from the House Select

Committee dated December 1, which this Office received

on December 5. Please arrange for an appropriate

response.

por

12/13/75-T0 Sile

cc: Paul Daly

62-116464-222X

7 MAR 4 1976

ENCLOSURE,

fatted Here

12-9-75

STARS

1976

NW 68262 Docld:32989696 Page 118

5-P91

---

## Page 119

December B, 1975

TO:

John A. Mintz, Assistant Diredcor

Legal Counsel Division

Federal Bureau of Investigation

FROM:

Michacl E. Shaheen, JI.

Spocial Counsel for Intelligenco

Coordination

SUBTICI: House select Connittec Request dated December 1

Attached is a letter from the House Sclect

Conmittee dated December 1, which this Office roceived

on December 5. Ploase arrange for an appropriate

response.

co: Paul Daly

NW 68262 Docld:32989696 Page 119

---

## Page 120

OTIS G, PIKE, N. S. CHAIRMAN

DAVID C. TREEN, LA.

IMES P. JOHNSON, COLO

DUCHT WY. KASTEN, JR., WIS

Sira,

• SEATLE FIELD, STAFF DIRECTO!

ARON D. DONNER, COUNSEL

TELEPHONE: (202) 225-9751

DALE MILFORD, TEX.

PHILIP H. HAYES, IND.

WILLIAM LEHMAN, FLA

Select Committee on Intelligence

M.S. House of Representatives

Washington, D.C. 20515

December 1, 1975

-=.

Mr. Michael Shaheen, JI.

Spec. Counsel for Intel. Coordin.

Department of Justice

Washington, D.C.

Dear Mr. Shaheen:

The House Select Committee hereby requests access to

any and all files, memorandum or other materials re:

6 VOLS.

1) Jesse Benjamin (J.B. ) Stoner (DOB) April

13, 1924, Chairman; National States Rights

Party.

2) The Thunderbolt and the subscriber list

96+ Vala.

thereto (publication of the National States

regis in

Rights Party)

96

3)

The National States Rights Party

4)

Carl W. Ridout of Birmingham, Alabama

2 Vile:

member -- National States Rights Party

5)

John Mercer Johns of Jacksonville, Florida -

1 vil.

-member - National STates Rights Party

/ Vol. 6) Vernon Higgins (Detroit, Michigan)

Sincerely,

A. Least Find

1U/13;

236380-4-

MiCE

A. Searle Field

Staff Director

RECEIVED

to.

Penden

We're on seen roger 20.

11-175.

perper, Saustady

DE.

1375

.. 4 1975

R:A. B.

DEFICE OF LEGISLATIVE AFFAIRS

62-

DEPUTY

22

BY CENERAL

---

## Page 121

TO

FROM

SUBJECT:

OPTIONAL FORM NO, 10

MAY 1962 EDITION

GSA FPAIR (41 CER 101-11.6

UNITED STATES GOVERNMENT

Assoc. Dir

Dep. AD Admi

Memorandum

1 - Mr.

Mintz

Dop. AD Inv.

Asst. Fir.ä

1 - Mr. Wannall

Admin.

1 - Mr. Cregar

1 Comp. Syst. _

Ext. Affairs -

: Mr. J. B. Adams

DATE: 12/4/75

Files & Com. _

Gen. Inv..

1 - MI. Hotis

Ident.

1 - Mr. Daly

Inspection

Intell.

Lopt Chur

Plan. & Eval.

HOUSTUDY

Spec. Inv..

Training

Telephone Rm. -

Director Sec'y -

On 12/2/75, Richard Vermeire, Staff Member of the House

Select Committee, requested that the following Bureau personnel be

made available for interview by Staff Members of that Committee

concerning any knowledge they may possess pertaining to the Bureau's

purchasing practice with the U. S. Recording Company:

Deputy Associate Director James B:

Adams;

Associate Director Nicholas P. Callahan;

Assistant Director William V. Cleveland;

Inspector

Executive Assistant to the Deputy Associate

dont: ant to the

Director_of Administrative Affairs Thomas J.

Feeney, JI.;

Deputy Associate Director Thomas J. Jenkins;

Special Agent John M. Kirsch;

Special Agent in Charge Robert G. Kunkel;

G. Speights McMichael;

Assistant Director Donald W. Moore, Jr.; and

Special Agent Frederick Woodworth.

RECOMMENDATION:

That the aforementioned Bureau personnel be released from

any existing employment agreement for purposes of Staff interview

by the House Select Committee concerning their knowledge of

Bureau's purchases from the U.S. Recording Company.

Personnel File - James B.

Adams

-

Personnel File - Nicholas P. Callahan

Personnel File - William V. Cleveland

Personnel File

-

Persome me home i Felt

Personnel

File

Thomas f. Fenney, JIED-lice%

-

Personnel File - John M. Kirsch

Kunkel

-

Personnel File - Frederick Woodworth.

PVD : lad

(19)

2 3 1975

NW 68252-Hoc/d:32989696 Bage Bage425. Savings Bonds Regularly on the Payroll Savings Plan

N222

JI. DEC 16 1975

124-23799670972

LEER BANY

---

## Page 122

OPTIONAL FORM NO, 10

MAY 1962 EDITION

GSA FPAIR 641 CFR) 88al-11.6

UNITED STATES GOVERNMENT

Memorandum

Assoc. Dir.

Dep. AD Adm

FROM

SUBJECT:

Mr. J. B. Adams

1 - Mr. Mintz

1

- Mr. McDermott

1

- Mr. Wannall

DATE: 12/4/75

1 - Mr. Cregar

1

- Mr. Hotis

1 - Mr. Daly

HOUSTUDY

Comp. Syst. -

Ext. Affairs -

Files & Com. 1

Gen. Irv. -

Ident. -

Inspection -

Intell.

charlot

Plan. & Eval.

Spec. Inv. -

Training

Telephone Rm. -

Director Soc'y -

Steven Blackhurst, Assistant Special Counsel for

Intelligence Coordination

in the Department, advised that the

House Select Committee has requested a meeting tentatively

scheduled for 3 p.m., Friday, 12/5/75,

to discuss the dispo-

sition of documents

and materials furnished that Committee by

the FBI. Attending the meeting from the House Select Committee

will be

Jackie Hess.

We have learned that the CIA has recommended to the

House Select Committee that the material they furnished be

turned over to Archives with future access to that material

being.

. governed by procedures set up by the CIA.

This concept'

was reportealy well received by Staff Members of the Committee,

although it has not been finalized.

mise meet the coate seecute bane- This

may, in part, obviate problems created by the House Rule 11 which

states material in possession of a House Committee is accessible.

to all Congressmen in the House, since the material may not be

(considered to be in the possession of the House Select Committee.

All indications are that captioned Committee will go out of

existence in January and the problem of access subsequent to the

termination of the Committee by Congressional Staffers or Con-

gressmen themselves is something that will have to be addressed

during this meeting and if need be, subsequent meetings:

RECOMMENDATION:

R20-58

102-1--16-x

That representatives of the Intelligence Division,

Files and Communications Division, and the Legal Counsel Division

meet at 3 p.m., 12/5/75, with the House Select Committee Staff

Member to discuss disposition of Bureau materials in the possession

of the Committee.

131/02

PVD: lad fU

SEE ADDENDUM PAGE 2

(8.)

84

L 2 3 1975

NW 68268-blocld:32989696

Bay Y& Savings Bonds Regularly on the Payroll Savings Plan

---

## Page 123

-

Memorandum to Mr. Adams

Re: HOUSTUDY

ADDENDUM BY LEGAL COUNSEL, 12/5/75, JAM:mfd.

In view of our meeting of December 3, 1975, with the

Deputy Attorney General Where the problem of disposition of documents

furnished the various committees was discussed, I have instructed

Mr. Daly to propose to the House Committee representatives that FBI

documents be returned to the FBI where they may be retained under

seal if necessary. This proposal will be discussed this afternoon at the

13:00 p.m. meeting. You will be advised promptly of the results.

dith

- 2 -

NW 68262 Docld:32989696 Page 123

---

## Page 124

AFBI

OFFICE OF THE DEPUTY ATTORNEY CENERAL

WASHINGTON, D.C. 20530

December 3, 1975

Mile FROM:

SUBJECT:

TO:

John A. Mintz,

splitant nirector

Legal Counsel Division

Federal Bureau of Investigation

Michael E. Shaheen, JI.

Special

Counsel for Intelligence

coordination

House Select Committee Letter Dated December 2

Attached is a letter from the House Select

Committee dated

December 2. Please prepare an appro-

priate response.

12/4/25 sent to Basser o Kecter

mitten you completions of in

suban it up completion of internat inful, com

see ict toriE

#10186(62-11404)

cc: Paul Daly

RREC-100

Balisas

62-11101104 220X

20 FEL 22 10/6

Lei binnin' Grind

SOLUTION

1-Al thre

RiWG826D 1o8d97889696 Page 124

62-116-64

---

## Page 125

Docenber 3, 1975

-.-.-.

TO: John A. Minta, Assistant Director

radar coBra Dog invastigation

FROM:

lichacl E. Shaheen, JI.

Special Counsel for Intelligenco

Coordination

SUBJECT: House Select Connitted letter Dated December 2

Atoached is a lottor fron the liouse Soloot

Committee dated. Decenber 2. Please prepare an appro-

priate response.

co. Paul Daly

NW 68262 Docld:32989696 Page 125

---

## Page 126

OTSS G, PIKE, N. Y., CHAIRMAN

RONERT N. GIAIMO, CONN.

ROBERT MCCLORY, ILL

AMES V. STANTON, OHI

DAVID C. TREEN, LA.

ONALD V. DELLUME, CALIF.

JAMES P. JOHNSON, COLS.

RORERT W. KASTEN, JR:, WIS.

PHILIP I. HAYES, IND.

WILLIAM LEHMAN, FLA.

A. A LEO, CON DIRECTOR

TELEPHONE: (202) 225-9751

Select Committee on Intelligence

H.S. House of Representatites

Mashington, B.C. 20515

December 2, 1975

Mr. Michael E. Shaheen, JI.

Special Counsel for Intelligence Coordination

U.S. Department of Justice

Washington, D. C.

20530

Dear Mr. Shaheen:

The Committee hereby requests information regard-

ing any FBI internal investigation of former Assistant

Director J. P. Mohr's relationship with Joseph Tait

and the U. S. Recording Company•

Thank you for your cooperation in this matter.

Sincerely,

Teal Fes

A. Searle Field

Staff Director

ASF/RV/mas

RECEIVED

DEC & 1975

NW 68262 Docld:32989696 Page*126

ENCLOSURE

62-111464-

220X

---

## Page 127

OPTIONAL AORM NO.. 10

MAY TAGI ZONION

G5A FPMX (4: CIR) 101-1T.d.

UNITED STATES

RNMENT

Memorandum

TO

: Mr. J. Bi. Adams

DATE: 11/21/75

FROM

: Legal Counselful

SUBJECT:

• HOUSE SELECT COMMITTEE

ON INTELLIGENCE;

U. S. RECORDING COMPANY

Assac. Dir. -

Dap. All

desir. -

Comp. Sy 11. _

Ext. Alfairs -

Filos & Com. -

Ident..

Inspection y

Intell. -

Laboratory

Legal Cout??

Plan. & Eval. -

Spac. Inv. -_

Training

Telophone: Rm. --

Director Sac'y -.

• At 4:11 p.m. on November 21, Bryan Gettings, the

attorney representing Joe Tait of the U. S. Recording Company,

telephonically advised me that he and Mr. Tait appeared for interview

by staff of the captioned Committee concerning Tait's dealings with the

FBI. Mr. Gettings said that the interview was unproductive in that the

staff seemed to have very little basis for their questions. He said that

they did request delivery of Mr. Tait's records concerning Bureau

transactions pertaining to the Martin Kaiser Company. I told Mr. Gettings

that the Bureau was reviewing the records and that upon completion of the

review copies would be made of the appropriate excisions of sensitive

material,: Mr. Gettings requested that the original records; plus a set

of excised copies, be delivered to his office on Monday morning, November

(24, prior to 11:30 a,m., in order that he might haye the set of excised

copies for delivery to the staff representatives of captioned Committee.

I spoke with Assistant Director Cochran, advised him of

Mr. Gettings' request, and requested him to prepare the necessary copies

for delivery to Mr. Gettings.

I spoke with Assistant Director Bassett and explained to him

the arrangements I had made with the attorney for Mr. Tait and requested

him to provide for delivery of the original records, plus a set of excised

copies, to Mr. Gettings' öffice on Monday morning,-

November 24, prior to

11:30.a.m. Mr. Bassett saia that would be arranged:

RECOMMENDATION:

For information.

DEC 2 1975

62116464-

NOT TIM

THED

170 DEC

1975

1 - Mr. Cochran

1 - Mr. Bassett

l - Mr. Wannall

1 - Mr. Fotis

1 - Mr. Mintz

JAM:mim

(8) in

NW 682973

godid: 32989696

page 12S. Savings Bonds Regularly on the Payroll Savings Plan

orter.

IT FILED IN

---

## Page 128

-FB

• OFFICE OF THE DEPUTY ATTORNEY GENERAL

WASHINGTON, D.C. 20530

DEC 3 1975

TO :

Mile FROM:

John A. Mintz, Assistant Director

egal Counsel Division

'ederal Bureau of Investigatio

SUBJECT:

Coordination

House Select Committee Letter Dated December 1

Attached is a letter from the House Select

Committee dated December 1.

Please prepare an appro-

priate response.

5281698

CC:

Paul Daly

cly chin

I ENGLOSURE

REC 17

62-116 464-220

1 DEC 17 1975

62-116454

Sivt6826L 80312935389696 Page 128

---

## Page 129

DEC 3 1975

TO:

John A. Mintz, Assistant Dircator

tagal Counsel Division

Federal Bureau of Investigation

FROM:

Michael t. Shaheen, ux.

Special Counsel for Intolligende

Coordination

SUBJECT:

Housa Select Comittos Letter Datod Decomber, 1

Attached is a letter from the House Select

Commitice datad Deconber 1.

Pleado propare an appro-

priace response.

cc:

Paul Daly

!

NW 68262 Docld:32989696 Page 129

---

## Page 130

side.

* OTIS G. PIKE, N. Y., CHAIRMAN

ROBERT N. GIAIMO, CONN.

ROBERT MC CLORY, ILL.

JAMES V. STANTON, OHIO

DAVID G. TREEN, LA.

RONALO

• DELLUME, CALIF

MES P. JOHNION, COLO.

ORGAN F. MURPHY, ILI

BERT W, KASTEN, JR., WI

L'ES ASPIN, WIS.

DALE MILFORD, TEX.

PHILIP H. HAYES, IND.

WILLIAM LEHMAN, FLA.

A. SEARLE FIELD, STAFF DIRECTOR

AARON B. DONNER, COUNSEL

TELEPHONE: (202) 225-9751

Select Committze on Intelligence

M.S. House of Representatites

Washington, D:C. 20515

•December 1, 1975

Mr.

Michael E. Shaheen, JI:

Special Counsel for Intelligence Coordination

U. S. Department of Justice

Washington, D. C. 20530

Dear Mr. Shaheen:

A briefing was afforded the Committee staff on the

subject of FBI proprietaries during October.

In the course of the briefing, certain disclosures

were made as to accounting practices

and procedures.

Figures

were developed on the

e financial standing of the entities;

and the disposition of funds, other than appropriated funds.

Please provide Mr. Charles Mattox, a member of the

staff the opportunity of

an independent audit verification

of the items disclosed in the briefing.

Specifically, the committee is interested in the two

entities in the metropolitan Washington area and the cover

entity in the greater Baltimore area. Arrangements may be

made directly with Mr. Mattox or the undersigned at 225-9751.

A reply deadline of December 5, 1975 is requested.

Further specific arrangements can be made at that time.

Sincerely,

ANG HI L

RECEVED

vau w .j/5

A. Searle Field

Staff Director

ASE RELE LET

NW 68262 Docld:32989696 Page 130

121116064-220

ENCLOSURE

---

## Page 131

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

Зад.

Transmit the following in

Via

AIRTEL

TO :

FROM:

SUBJECT:

FBI

Date: 12/3/75

(Type in plaintext or code)

(Priority)

1/e5

AIRMAIL

DIRECTOR, FBI

ADIO, LOS ANGELES (66-6270)

HOUSTUDY

Re Bureau teletype to Los Angeles dated 12/2/75,

captioned,

"HOUSTUDY"

Enclosed for the Bureau are six copies of a

letterhead memorandum (IHM captioned DARTHARD MAURICH

who is a former

DARTHARD PERRY iS

extremist informant.

the subject of Los Angeles file 170-2658,

Bufile 157-20684.

REC96:2- 11154:7-219

15 DEC 8 1975

Bureau (Encl.

- HOUSTUDY

1 - 157-20684)

2 - Los Angeles

(1-170-2658)

WOH/ Sk

1511

Approyeds A.:!

LIANTED

Specidi 'Agent in

Charge

NW 68262 Docld:32989696 Page 131

- 1Х-

- Sent

M Per -

# U.S. GOVERNMENT PRINTING OFFICE: 1969 0 - 346-090 (11)

and illud in

---

## Page 132

In Reply, Please Refer to

- Filế No.

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

Los Angeles, California

December

3, 1975

DARTHARD MAURICE EDWARD PERRY

FBI Office on February 12, 1974, and claimed he

wished to offer his assistance as an informant as

regards the Black Panther Party (BPP), a characteriza-

tion of which is contained in the appendix hereto,

and the Symbionese Liberation Army (SLA), a charactèri-

zation of which is contained in the appendix hereto,

the latter having received publicity in the news

media from the February 4, 1974, kidnapping of Patricia

Campbell Hearst.

Darthard

Perry was interviewed by

Special Agents William Otto Heaton and Brendan O.

cleary.

He was found to have no information concerning

the SLA but to have a somewhat extensive knowledge

of former leaders and events concerning the BPP.

Darthard Perry advised he was a 1969 Los

Angeles BPP chapter applicant but that he had never

been admitted to membership and had never participated

in activities of the BPP.

At the time of initial interview on

February 12, 1974, Darthard Perry claimed he was

then employed and had been employed for the past

several years by the Watts Writer's Workshop, Los

angeles, California. He produced a publicatior

entitled, Watts Writer's Workshop bearing his photo-

graph over the name Ed Riggs, Video Workshop.

is no publication date on the pamphlet but the latest

date appearing therein is 1969.

This document contains neither recommendations nor

conclusions of the FBI.. It is the property of the FBI

DeoutoN a not to be distributed outside your agency.

and is loaned to your agency; it and its contents are

42-116464-219

ENCLOSURE

NW 68202 Docld:32989696 Page 132

---

## Page 133

DARTHARD MAURICE EDWARD PERRY

Darthard Perry described the Watts

Writer's Workshop as a theatrical

work group providing a forum for

the expression and promotion of

black theatrical talent, founded

in August, 1965.

From March 5, 1974, until March 21, 1965s

Darthard Perry was in active FBI informant status.

The BPP had ceased to be a viable organization in

the Los Angeles, California area by 1972. Darthard

Perry was never

guided, directed, or targeted by

any FBI Agent to penetrate the BPP as it had ceased

to exist in the Los Angeles area, nor to penetrate

and the FBI has never conducted an investigation of

the Watts Writér's Workshop. Darthard Perry never

furnished any information concerning Watts Writer's

Workshop activities or personnel.

However, Darthard Perry did furnish infor-

mation to the Los

Angeles FBI of various extremist

individuals identified as former members of the BPP,

principally members or followers of the Black

Liberation Army (BLA), a characterization of which.

is contained in the appendix hereto.

On May 31, 1974, Perry advised that Renee

Moore, also known as "peaches" Moore, was urging

urban guerrilla warfare in the black community of

Los Angeles, California,

and that she was in contact

a 2n contact

with a BIA member, John

William Washington, also

known as Long John.

on June 5, 1974, Ferry advised that Byron

Walter Bartlett, a

former

BPP activist had applied

for and was seeking to obtain employment as a police

officer by the Los Angeles Police Department without

his prior

background being known to that law

enforcement agency.

: NW 68262 Docld:32989696 Page 133

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## Page 134

DARTHARD MAURICE EDWARD PERRY

On June 19, 1974, Perry advised that "Peaches"

Moore went to San Francisco, California, on Monday,

June 11, 1974, following her

appearance on a radio

talk show at station KPFK-IM, North Hollywood, CallI

ornia, on which she advocated urban guerrilla

warfare.

On June 24, 1974, Perry advised he attended

a meeting on

June 23, 1974, 01 a BLA cell led by

John William Washington, in Los Angeles, California.

Conversation centered

pratt, also known as "deronim to free Elmer Gerard

, a former BPP leader-

and titular head of the California BLA, incarcerated

in San Quentin Prison for life on a murder charge.

The conversation concerned emulating Arab terrorist

groups and planning a jail break which would be a more

efficient Marin County shoot out.

On June 24, 1974, Perry advised that Long

John Washington was

contacting Perry telephonically

from Pomona, California.

Washington refused to

furnish a telephone number or residence.

Washington

has refused to allow pictures to be taken of him or

his group.

on July 5, 1974, Perry advised Long John

Washington visited Perry at his residence.

On June 26, 1974, Perry advised that Long John

washington wanted photographs of the Los Angeles County

Jail and Courthouse to assist in planning an anticipated

jail break for Elmer G. Pratt.

on July 8, 1974, Perry advised that he

recognized the photograph

of a Federal fugitive Sharon

Hazel Williams, a former member of the Los Angeles

chapter of the

defunct BPP.

Perry described the

possible recent sighting of her in the Watts, California

area.

on July Il, 1974, Perry advised that Long

John Washington had no information concerning the

California National Guard Arnory burglary of weapons

on of about July 3 or 4, 1974, from its Location at

700 North Alameda, Compton, Calitornia.

In Perry's

opinion, BLA members in Los Angeles were not involved.

= 3-

=..

NW 68262 Docld:32989696 Page 134

---

## Page 135

1.

RTHARD MAURICE EDWARD PERRY

On August 8, 1974, Perry advised that the

A under the Los Angeles. leadership of John William

shington, was not planning any immediate violence

hostile

activity during

the upcoming Watts

stival.

Perry advised that

er, the weekend of November 8 through 10, 1974,

ron Walter Bartlett left Los Angeles, California,

ing to Kansas City, Missouri, where he intended

reside with a grandmother.

On November 13, 1974, Perry advised that

met Albert Earlington Armour recently after having

It a message with his mother in Los Angeles, CallI

nia: Armour stated the BPP was not active in any

litical or extremist activity.. Armour claimed

was selling a little marijuana and cocaine.

rry advised that he was unable to subsequently

cate Armour at the employment or residence address

at Armour furnished.

On November 26, Perry advised of having

served Albert Armour driving a white over brown

reury Cougar by himself in Inglewood, California,

parently residing in that

On November 26, 1974, Perry advised that he

i sat in the spectators section of the courtroom

• the pretrial hearing of BLA members Harold Taylor,

tended, as a spectator, the pretrial hearings of

5 Angeles,

California.

The former sPe members,

entilled as members of the BLA, are charged with

1971 shoot out with the Los Angeles Police Department.

cry claimed he struck up a conversation with court

om spectators Christi Farlice and Valerie Bowman,

ster of defendant John Henry Bowman. Perry claimed

- 4 -

NW 68262 Docld:32989696 Page 135

---

## Page 136

DARTHARD MAURICE EDWARD PERRY

he accompanied Christi Farlice to meet John William

washington at a radical bookstore.

Perry advised

that Chrisit Farlice was

very actively involved

in the affairs of the BLA and letter writing to

imprisoned members.

Perry advised there was no

discussion of any plans to commit any acts of

violence during the trial of Bowman, Boudreaux, and

laylor. Perry advised that Long John Washington

complained that the anticipated courtroom appearance

of Elmer. G. Pratt had been terminated, and that no

attempt could be made to free Pratt.

On January 30, 1975, Perry claimed that

Long John Washington and Christi Farlice continued

to refuse to give him a telephone number or

location of their residence.

Perry claimed they

were planning a trip to Northern California to

engage in unspecified activities and they claimed

to continue to be involved in organizing a defense

fund committee for BIA members Taylor,. Bowman, and

Boudreaux.

On February 2, 1975, Perry advised that

Long John Washington claimed

there were ten members

of his BLA cell in Los Angeles consisting of three

women and seven men.

According to Perry, Washington

wantea lalse identilication for himsell, Christi

Farlice, and his cell members.

Perry claimed that

according to Washington, Christi Farlice was working

on some type of confidential basis for the attorneys

lefending BLA members Taylor, Boudreaux and Bowman.

Nashington claimed he could buy automatic weapons..

On February 9, 1975, Perry Claimed Long

•Jonn washington was accompanying. an alleged member

of the Kansas City BPP named Robert C. Bond over

the weekena of february o and 9, 1975. Perry claimed

that Washington again brought up the idea of obtain-

ing false identification for the purpose of attempting

fraudulent enlistments in the United States Military

Service with the objective of obtaining weapons.

Perry claimed Washington was pressing Perry to furnish

-5-

NW 68262 Docld:32989696 Page 136

---

## Page 137

DARTHARD MAURICE EDWARD PERRY

the false identification.

On March 26, 1975, Perry advised that

Valerie Bowman

• had

furnished Perry a new residence

In san francisco, Calliornia,

where she

claimed to be residing with two other BLA brothers

and that she attended the first day trial of the

San Quentin Six in San Francisco, California.

The

San Quentin Six are inmates accused of murder in

che August 21, 1971, bloodiest escape attempt ir

the

history of San Quentin.

Darthard Perry's active informant status

with the Los Angeles FBI was terminated on March 21,

1975, because

of indications of unreliability and

instability.

•*:

-

NW 68262 Docld:32989696 Page 137

---

## Page 138

BLACK LIBERATION ARMY

• *

The Black Liberation Army (BLA) is a loose-

knit urban guerrilla organization whose self-described

purpose is to overthrow the Government.

In announcing

the BLA's purpose, the 2/29/72 issue of "Right On!,"

its official publication stated. • . "The purpose of the

BIA is the same as that of the Tupamaros. in Uruguay,

Frelimo in Mozambique, and all the other liberation forces.

The Bus is simply brothers and sisters who have gone

underground to put all the revolutionary rhetoric and

theory into practice, ?.."

Since May, 1971, the BLA has been involved in

armed confrontations with

law enforcement officials

resulting in eight police officers being killed and

another 28 being wounded or injured.

since July, 1971,

the BLA has been involved in excess of 20 known bank

robberies totaling over $494, 000, which money is used to

finance its activities.

NW 68262 Docld:32989696 Page 138

---

## Page 139

APPRID IX

BLACK PANTHER PARTY -

CLEAVER FACTION (BPP-CF)

The Black Panther Party - Cleaver Faccion (BPP-CF)

based In New York, New York, follows the violent revolutionary

philosophy of its leader, Eldridge Cleaver, calling for the

overthrow of the United States Government by creating a climete

of, terror accomplished by using urban guerrilla tactles.

Bernice Jones, leader of the BPP-CT In New York City, In

describing the purpose of the organization, stated "We are

revolutionary organization whose sole function is to wage

revolution in America. "

1.:

APPENDIX

NW 68262 Docld:32989696. Page 139

---

## Page 140

APPENDIX

BLACK PANTHOR PARTY

FORMERLY KNOWN AS THE BLACK PANTHER PARTY FOR SELF-DEFENSE

The Black Panther Party (BPP), organized in December,

1966, at Oakland, California, by Huey P. Newton and Bobby George

Seale, has the publicly-stated purpose of organizing black

people to take control of the life, politics and destiny of

the black community. The Party, operating the Black Panther

Intercommunal News Service, publishes a newspaper called

"The Black Panther," which at one time openly advocated the

use of guns and guerrilla tactics in a revolutionary program

to end the oppression of the black people but since early

1971 has spoken for a survival program pending revolution.

BPF national headquarters, aka Black Panther Intercom-

munal Headquarters, is located in Oakland, California.

While openly advocating direct overthrow of the

U. S. Government by force and violence until 1971, leaders

have since avoided extreme statements in favor of calling

for action within the established order. Newton, in an

interview appearing in the May, 1973, issue of "Playboy"

magazine, stated the Panthers'

chief

ambition is to change

the American Government by-any means necessary but that

ultimately such change will be through armed violence.

Despite its claimed dedication to community service,

indicators of the BPP's contimed attraction to violence persist.

Since July, 1974, Newton and other BPP members have been arrested

in Oakland, California, for threatening police officers,

murder of a 17-year-old female and the pistol whipping of

Newton's tailor. Newton failed to appear on these charges and

is now, a local fugitive. Additionally, one died and three

were wounded as a result of a shooting at a BPP-sponsored

dance in Oakland, California, in October, 1974.

APPENDIX

NW 68262 Docld:32989696 Page 140

---

## Page 141

APPENDIX

SYMBIONESE LIBERATION ARMY

The Symbionese Liberation Army (SIA) was reportedly

formed in the Summer of 1973, in California. An SLA

document captioned,

"Declaration of Revolutionary War and

the Symbionese Program," dated 8/21/73, states "

• • • Therefore,

we of the Symbionese Federation of the

SIA. . . do now, by

the rights of our children and people and by force of arms

and with every drop of our blood, declare revolutionary war

against the fascist, capitalist class.

We support by

force of arms the just struggles of all oppressed people

for self-determination and independence within the

United States and the world, and hereby offer to all

liberation movements, revolutionary workers'

groups and

peoples' organizations our total aid and support for the

struggle for freedom and justice for all people

and races . . ."

the Sia has claimed credit for the 11/6/73 assassination of

DI. Marcus Foster, Oakland, California, School Superintendent;

the 2/4/74 kidnaping of Patricia Campbell Hearst, daughter

of newspaper publisher-owner Randolph A. Hearst; and the

4/15/74 robbery of the Hibernia Bank, San Francisco,

California, in the furtherance of its revolutionary

objectives.

Six members of the SLA were involved in a

shoot-out with the FBI and Los Angeles, California, police

on 5/17/74, resulting in their deaths.

Although no

current information has been developed indicating the

group has been active in areas other than California, other

groups and individuals have surfaced claiming adherence

to the SLA's revolutionary tenets.

APPENDIZ

a 10:F -=

NW 68262 Docld:32989696 Page 141

---

## Page 142

TO

FROM :

SUBJECT:

OPTIONAL FORM NO, 10

MAY 1962 EDITION

GSA FPAIR (41 CFR) 101-11.6

UNITED STATES GO

ANMENT

Memorandum

Mr. Walsh

DATE:

11/18/15 г

Assoc. Dir. -

Dep. AD Adm. -

a. Dep., AD Iny

Asst. Dir.

Admin. EX"

Comp. Syst.

Ext. Affairs

Files & Com. _

Gen. Inv..

Ident. _

S. R.

Burns

REQUEST FOR BUREAU'S MINORITY

STATISTICS BYHOUSE SELECT. COMMITTEE

ON INTELLIGENCE ACTIVITIES

Legal Coun.

Plan. & Eval.

Spec. Inv.-

Training

Telephone Rm. -

Director Sec'y -

On 11/18/75, SA Supervisor Seymor F. Phillips, Intelligence

Division, advised that SA Supervisor David Ryan, who is appearing before

captioned Committee chaired by Congressman Pike, was on the line and needed

an immediate breakdown of minority employees currently on the Bureau's rolls.

The following minority statistics, as of 10/31/75, were furnished to SA Phillips:

Blacks

Agents

Cents = 1,903

I, 966

American-Indian

Clerks

-

13

Agents -

14

27

Spanish-American

Clerks

Agents

263

113

376

Female Agents

37

REC-38

Oriental

Clerks

- 96

Agents -

602-164 218

7 NOV 26 1975

ACTION:

None..... For information.

+6H

1 - Mr. Adams

1 - Mr. Jenkins

1 - Mr. Wannall

1 - Mr. Hunsinger

1 - Mr. De La Rosa

SRB:aga

(7)

DEt 1T19/5

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

NW 68262-Docld:32989696 Page 142

---

## Page 143

T..

The Attorney General

Director, FBI

UNTIED STATES HOUSE SELECT

COLMITTEE ON INTELLIGINICE ACTIVITIES (HSC)

2

ir. J. A. Mintz

(1 - J. B. Hotis)

1 - Mr. W. R. Wannall

November 28, 1975%

1 - Mr. W. O. Cregar

1 - Mr.

T. J. McNiff

1 - Mr.

J. G. Deegan

1 - Mr. R. D. Shea

Reference is made to HSC letter, dated October 28,

1975, Item 11, : which requests access to any and all files

concerning the Center for the Study of Democratic Institutions,

Santa Barbara, California.

Enclosed for your approval and forwarding to the

HSC is the original of a memorandum responding to the above

request.

A copy of this memorandum is being furnished for

your records.

Inclosures (2)

62-116464

1 - 100-391697

I - The Deputy Attorney General

Attention: Michael E. Shaheen, Jr.

Special Counsel for

Intelligence Coordination

N

Deliver

RDS: eks/k1m:

(12)

Assoc. Dir.

Dep. AD Adm. -

Dep. AD Inv. -

Asst. Dir.:

Admin..

Comp. Syst. -

Ext. Affairs

Files & Com. -

Gen. Inv. -

Ident.

Inspection

Intelli

Laboratory

Plan. & Eval. -

Spec. Iny.

3°

SEE NOTE PAGE 2

REC 1262-116464-217

•I DEC 121975

com

7

1 il

I.RÓOM

• TELETYPE UNIT L

89696 Page 143

GPO: 1975 0 - 569-920

---

## Page 144

The Attorney General

NOTE:

The Fund For the Republic (FFR) was incorporated in

December, 1952. Today it is better known as the Center for the

Study of Democratic Institutions (CSDI), under which title it

has published its numerous studies throughout the years.

We

activities of the organization. Numerous individuals connected

with FFR have, in the past, had questionable associations with

persons or organizations suspected of having subversive affilia-

tions. From 1953 to 1955, we followed the projects and studies

of the FFR and kept the Attorney General advised of the back-

ground of the various officers and employees of the FFR. In

August, 1955, I. H. Ferry, the vice president of the FER, made

off eng

it known that the Fund intended to investigate the FBI and the

American Legion.

The Director, at that time, instructed that

a comprehensive memorandum be prepared on the FTR with background

data on the principal officers and that this memorandum be kept

up-to-date at all times. This running memorandum began as a

continuation of a monogram on the FFR prepared by the Central

Research Section in November, 1955. It was brought up-to-date

every three months since January 1, 1956, by the Liaison Section.

By memorandum July 14, 1958, it was pointed out that the memorandum

had become too cumbersome for Director Hoover's use and it vas

recommended and approved that it be discontinued. Many of the

memoranda dealt with the investigation of the FFR by the Internal

Revenue Service which had been going on for several years and

which concerned the eligibility of the Fund of the FTR as a

tax-exempt organization.

A thorough review of these volumes

concerning the FFR disclosed no active investigation of it by

the FBI.

It is noted that HSC Staff Member John Atkisson when

queried 11/12/75, as to the notivation behind this inquiry,

advised SA Thomas J. McNiff that an associate of his from California,

suggested to him that the HSC should look into the Bureau's

interest in CSDI, as the Bureau probably used the same investi-

gative techniques against CSDI as hasebeen publicly alleged in

the Bureau investigation of Institute for Policy Studies.

iNW 68262 Docld:32989696 Page 144

---

## Page 145

62-116464

2 - Mr. J. A. Mintz

(1 - J. B. Hotis)

1. - Mr. W. R. Wannall

1 - Mr.

W. O. Cregar

1 - Mr. T. J. McNiff

November 28, 1975

1 - Mr. J. G. Deegan

1 - Mr. R.

D. Shea

UNITED STATES HOUSE SELECT COMMITTEE

ON INTELLIGENCE AGIIVITIDS (HSd)

Reference is made to ISC letter dated October 28,

1975, Item 1l, which requests access to any and all files

concerning the Center for the Study of Democratic Institutions

(CSDI), Santa Barbara, California.

As a result of an agreement reached on November 12,

1975, between Special Agent I. J. lchiff of the FBI and HSC

Staff lember John Atkisson, the following is being submitted

in response to the aforementioned request:

The CSDI has never been the subject of an investi-

gation by the FBI, nor has the ISI directed informants or utilized

other investigative techniques against this organization.

However, in the past we have gathered public source material

regarding it and have reviewed and researched pamphlets,

periodicals, surveys, and books promigated by it, when the

content of

the aforementioned material was of interest and

gormans to the work of the fBi.

The vast bulk of the research

conducted by the FBI pertained to Conmunian and related matters

Assoc. Dir.

and took place during the period of time unen CSDI was know as

Dep. AD Adm. -

she Tund for the Republic (FER).

Dep. AD Inv. _

Asst. Dir.:

Admin.

By vay of background, the lew York Times," a morning

Ex.fois_ daily neuspaper in lew York City, in its issue of lebruary 26,

Files & Com. - 1953, revealed that the FFE was

established in the Fall of 1952,

Gen. Inv. —

Ident. -

after recciving a grant of $15,000,000 fron the Ford Foundation

Inspection -

intell. -

with headquarters in Hew York

City.))

Laboratory

Plan. & Eval. - 1 - 100-391697

Spec. Inv. -

Training

ORIGINAL AND ONE

COPY

TO AG

Legal Coun. -

- RDS :klm

Telephone Rm. -

Direcor So'y = MAit:/2000M

TELETYPE UNIT

NW 68262 Docld:32989696 Page 145

60

PO: 1975 0 - 569-920

116464-217

---

## Page 146

U. 5. Houre Select Coralstoo

on Intelligenco Activicies (ISC)

Tha September 1, 1959, losus of the 'llew Hori: Horld

Telegran and San," a Hey York: City daily evoning newspaper,

contained on article which disclood that effcctivo that date

the min headmontors of the FIX rould be renared: •Ceater for

tha Study of Domporatic Inseicutions, the Fund For the Republic,

Iuc., Üox 4063, Sonta Barbara, Galiforado."

1 - The Attorney General

= 2 =

NW 68262 Docld:32989696 Page 146

---

## Page 147

4.22 (Rev. 1-28-75) s

- • "Federal Bureau of Inve

Records Section

ition

, 19

Name Searching Unit,

, 4543 JEH-FBI Bldg.

Service Unit, 4654 JEH-FBI Bldg.

Forward to File Review

11065

Attention

Supervisor

Room

Ext.

Type of References Requested:

Regular Request (Analytical Search)

All References (Subversive & Nonsubversive)

Subversive References Only

Nonsubversive References Only

Main

References Only

Type of Search Requested:

_ Restricted to Locality of

Exact Name Only (On the Nose)

- Variations

exter) *

the deuce o

de no liratic)

1.200.n 10-11

Subject Oz

Sautes Barbara Call

Birthdates& Place

Address

Localities

RA

Prod..

_ Date

Searcher.

Initials

FILE NUMBER

SERIAL

168-84984-95

Carter fer thas Slade

1100-391697

61-7559-2-104051

62-0-66262

62-110028-834

02-110455-542

62.35717.-3152

63 - 111553•12,

62.-40/8.5-1285

67-330-268-3010

64-330-331-628

ME

94-4-2834-28

17 100-3911697-1 Neten E/11/439

100-0-37340

100 - 14646-554

NW 68262 Docld:32989696 Page 147

---

## Page 148

4-220 /Rev.11-17-54,

NUMÈROUS REFERE

supervisor ug/ ott

R#--

_Date _

1/4

Prod.

_Room

1.065

Searches

Initial

FILE NUMBER

SERIAL

100-3356641-53

MF

100-391692-611

100-357682-360

100-361072-73024

MF

100-391697-615, 619,625

MF

100-391697-621, 628, 633

MF

100-391677 634,648,655

MF

00-391697-659,622,105

MF

100391692-80 M World 21. 9/9/59

MF

100-391697-1 Nat Quand 1/14/60

100-420181-48

180-42-8091-300701

100-428091-3007p2

105-174932-1

105-140550-16

105-137370-44

105-106720-131928

105-67845-24169

105-67845-20704 20207

105-67845-36591

105-14704-122

105-232855-134

M. 68262/Bot 62030686555744,75

---

## Page 149

4-22 a (Rev. 11-17-541

*NUMÈROUS REFERF

SEARCH SLII

superior Shea est

R#--

- Date 11/4

Prod.

_Room !

$565

Fetiches pC

Initial

FILE NUMBER

SERIAL

105-67845-30868

105-67845-3481202

105-67845-30911-

10567845-31233

105-67845-32339

105-67845-31332

105-2102360-1

105-67845-34421

105-67845-34532

109-12-302-189

109-12-221-1620

134-1911-6

NW-68262-Đoeld:32989696-Page-149.

---

## Page 150

-IRONUAT N. GIAIMO, CONN.

DIMES V, STANTON, OHIO

MOBERT MC CLORY, ILL.

WINAL, V. DELLUNIS, CALIF.

& DAVID C. TREEN, LA.,

MORIN FFIURPHYDILL

JAMES P, JOHNSO

LIES ASPIN!

FOREHT H. KAS

•JAi-I MIGIORD, TEX.

PoLIte S1. HAYES, IND.

•WILLIAN LEHMAN, FLA.

WIS.

A. BEATLE FIELO, STAFT DIRECTOR

AATON I. DONNER, COUNSEL

TELEPHONE: (202) 225-9751

Select Committee on Intertigence

U.S. House of Representatives

Washington, I.C.

20515

october 28, 1975.

Mr. Michael Shaheen

Spec. Counsel

Departmentsed for Tate Coordination

Washington, D.C.

Dear Mr. Shaheen:

Further to this Committee's Investigation under H.Res. 591, please arrange

the following:

Access to any and all files, memoranda, and other records of FBI

concerning U.S. Recording Comapny, 1347 South Capitol St. Wash. D.C. ;

2. Pursuant to our letter of October 9, 1975, access to any and all

investigative files at F.B.I. concerning Matilde Zimmerman, a member of

the Socialist workers Party (SWP);

3. Access to any and all investigative files at F.B.I. concerning

Peter Camejo, SWP;

4. Access to any and all files at F.B.I. concerning the Institute for

Policy Studies, Washington, D.C.;

5. The access requested in our letter of October 20, 1975, concerning

John Forbes Kerry and the Vietnam Veterans Against the War, from 1971 to present.

6. Access to any and all files at F.B.I. concerning the Union of

American Hebrew Congregations, the Community Book Shop, and the Redhouse

Bookstore, all of Washington, D.G.;

7. The access requested formerly in our letter of October 3, 1975,

concerning Robert W. Hardy and William Lemmer. (please note that our former

request specified an October 10, 1975 deadline);

8. The access formerly requested in our letter of September 24, 1975%,

concerning Richard Joe Burton (please note that our letter specified a

deadline of October 1, 1975);

RECEIVED

OCT 48 10/5

TIZ

NW 68262 Docld:32989696 Page 150

sionald

62116464-217

---

## Page 151

=

Mr. Michael Shaheen

Page 2

October 28

3: 1975

Access to any and all files'at F.B.I.. concerning Earl Robert

Merritt, Jr.;

*10: Access tor

any-and/ali files at HiBiT..concerning. Donald

Sanders Luce, born September 20, 1934, Social Security No JFK Act 5 (g) (2) (P)

11. Access to any and all files concerning the Center for the Study

of Democratic Institutions, Santa Barbara, California;

12. Production of those records already reviewed by our staff,

concerning Bruce Bloy (SWP) and Marc Rich (SWP) ;

With respect to the files requested, it is assumed that the names of

FBI Special Agents will NOT have been excised for the purposes of our

review.

Because of the severe time deadlines imposed on this committee, please

make the arrangements for access immediately.

Sincerely,

Fill

A. Searle

Field

Staff Director

NW 68262 Docld:32989696 Page 151

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## Page 152

5-140 (Rev. 1-21-74) FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D.C. 20535

Addressee:

HOUSE SELECT COMMITTEE

ILTR

C LHM

• Memo

Report dated 11/28/75,

Caption of Document:

HOUSE SELECT COMMITTEE.

10/28/75 HSC request Item 11

1. NW 68262 Docld:32989696 Page 152

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## Page 153

Nort

SEE INSTRUCTIONS ON REVERSE

BEFORE COMPLETING.

CLASSIFY AS APPROPRIATE

FROM:

TO:

Intelligence Community Staff

ATTN: Central Index

FBI

SUBJECT: Abstract of Information Provided to Select Committees

1. HOW

PROVIDED

appropriate

If a document was made available

for review but not transmitted,

so note.)

X DOCUMENT BRIEFING

INTERVIEW

TESTIMONY

OTHER

2. DATE PROVIDED

11/28/75

3. TO WHOM PROVIDED (check appropriate term; add specific names if appropriate)

SSC

HSC

4.

IDENTIFICATION

(provide descriptive data for documents;

give name or identification number of briefer,

interviewee, testifier and subject)

, Memorandum

i. IN RESPONSE TO (list date and item number if in response to formal request, other.

wise state

verbal

request of (name),

initiative, subpoena, etc.)

HSC letter 10/28/75, iten 11

7. KEY WORDS (enter

the appropriate key words from the

list

underline

emphasis)

provided separately; if key words not listed are

Information handling

Intelligence collection

8.

SUMMARY (see reversé side before completing this item)

Center foz the Study of Democratic Institutions, Santa Barbara,

Calif., has never been the subject of an investigation of the

FET.

The FEI in the past has gathered public source material.

regarding it

and have reviewed and researched panphlets,

periodicals, surveys and books promulgated by it.

62-116464

EMK: Emk

(4)

ORIGINAL VIA LIAISON TO CENTRAL. COMMUNITY INDEX

IN CONNECTION WITH HOUSTUDY

TREAT AS YELLOW

CLASSIFY AS APPROPRIATE

5.10

379| (6-75)

NW 68262 Docld:32989696 Page 153

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## Page 154

INSTRUCTIONS

• Type or print clearly in ink.

• Indicate classification of the abstract top and bottom.

• Date the abstract and put on any internal control numbers required.

• "FROM" entry should clearly identify the organization providing the

information.

• If additions (as when a copy of document sent to SSC is later sent to

HSC) or changes to a previously submitted form are necessary, submit a

copy of the original abstract, with the change indicated.

SPECIFIC ITEM NO. 8. SUMMARY - enter brief narrative statement describing

substance of information and showing relationship to Intelligence Community

matters if appropriate.

Any feedback or evidence of investigatory interests

should be noted. Commitments made to supply additional information should be

noted. Additionally, certain administrative information may be entered here,

e.g., restrictions on review of a document, if document was paraphrased, whether

interviewee is current or former employee, etc. If actual document or transcript

is provided, that fact should be noted and no summary is required. Additional

pages may be

attached if necessary.

NW 68262* Docld:32989696 Page 154

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## Page 155

ri

The Attorney General

1 - Mr. J. B. Adams

2 - Mr. J. A. Mintz

(1 - Nir. J. B. Hotis)

November 28, 1975

Director, FBI

U. &. HOUSE SOLACT COMITTEE

ON INTELLIGENCE ACTIVITIES (ESC)

1 - Mr. W. R. Wannall

1 - Mr. W. O. Cregar

1 - Mr. R. L. Shackelford

1 - Mr. F. J. Cassidy

On November 18, 1975, Acsistant to the Director-Deputy Associate

Director James B. Adams, Assistant Director Vi. Raymond Wannall, and

other representatives of the FBI appeared in open hearingo before the HEC,

chaired by Congressman Otis G. Pike.

During the hearings, a nutber of questions were raised by

Congressman Pike and other members of the Committee. Enclosed for

your approval and forwarding to Congressman Pike is a letterhead

mercorandum (LErs) containing information responsive to the questiong

raised.

This information must be made available to Congresstuan Pike

ly December 1, 1975, to be included in the official record of the hearinge.

A copy of this Lili is being furnished for your records.

Enclosures - 2

REC 12

1/0%r.

62-110404

216

1 - The Daputy Attorney Coneral

Attention: Llichael &. Shaheen, er.

Special Counsel for

Intelligence Coordination

5 DEC 12175

no wolves firearers

Assoc. Dir. -

Dep. AD Adm. -

"Dep. AD Inv. -

*Asst. Dir.:

Admin.

Comp. Syst.

Ext. Affairs

Files & Com. _

Gen. Inv. -

Ident.

Inspection

Intell.

Laboratory -

Plan. & Eval.

spec. Inv. -

Training te

FIC:gilu

(11)

com

ENCLOSURE

lephone* Rm..

go DEC 1045700м C

Niu

68262 Docld:32989696 Page 155

" TELETYPE UNIT

1-720/411

jill

GPO 951-345

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## Page 156

!

1

Mr. J. B. Adams

2 - Mr. J. A. Mintz

(1 - Mr. J. B. Hotis)

1 - Mr. W. R. Wannall

1 - Mr. W. O, Cregar

1 - Mir. R. L. Shackelford

62-116464

November 28, 1975

1 - Mr. F. J. Cassidy

U. S. HOUSE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIES (HSC)

Reference is made to the hearings held on November 18, 1975,

before the U. S. House Select Committee on Intelligence Activities (HSC)

at which testimony was given by James B. Adams, Assistant to the Director-

Deputy Associate Director, Federal Bureau of Investigation (FBI); W. Raymond

Wannall, Assistant Director, Intelligence Division, FBI; and other FBI

representatives. The information set forth below is in response to specific

questions raised during the hearings.

One aspect of the hearings dealt with the FBi's investigative interest

in the Institute for Policy Studies (IPS). You asked Mr. Adams if a phone

call from your Administrative Assistant to IPS was intercepted and recorded

by the FBI. You specifically referred to information attributed to a source,

WE T-4, which appeared in a document labeled WEO 100-46784.

from a review of our file, it was determined the symbol, WI T-4,

was used in this instance to designate a one-time retrieval of some IPS

trash abandoned by a trash truck at a Washington, D. C., sanitary dunip on

August 23, 1972. The recovered trash included carkon typewriter ribbons,

from which information was subsequently transcribed. The actual

transcription from one ribbon read as follows:

"Nirs. Woolbert of Congressman Pike's office was asked by

Byron Johnson to call you. He is running for the 5th Congressional District

of Congress. He wonders it you will be willing to go around and round up a

group of liberal, anti-war folks for the evening of August 6-12th. She expects

Dep. AD Am. - you to call her when you get back. "

Dep. AD Inv. -

Asst. Dir.:

Admin.

The above-quoted note was on a portion of a typewriter ribbon

Exi. Syst _ between other material dated July 26, 1972, typed by Marcus Rashin's

Files & Com. - secretary.

Gen. Inv. -

ident..

Inspection -

Intell. -

FJC:glw

(10)

Laboratory

Plan. & Eval. -

RIS

Spoc. Inv. -

Training -

Legal Coun. -

Telephone Rm. -

62-114 414-1216

Director Sec'y -

MAIL ROOM

GPO: 1975 0 - 569-920

NW 68262 Docld:32989696 Page 156

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## Page 157

U. S. House Select Committee on Intelligence Activities (HSC)

You requested information concerning attacks by the IPS on the

FBI mentioned in the document labeled WFO 100-40784.

Information responsive to your inquiry is contained in pages

2 thraugh & of the report of our Washington Field Office entitled "Institute

for Policy Studies, 1520 New Hampshire Avenue, N. W., Washington, D. C.;

IS - REVACT," dated March 15, 1973. A copy of this report was furnished

to the HSC by letter dated November 14, 1975. As the information is already

available to you and is classified "Confidential," it is not being submitted

herewith for inclusion in the public record.

Congressman Delluras inquired as to the FBI's basis for the

investigation of the IPS. He asked if the FBI's investigative interest in

IPS was based on an association between IPS and "Ramparts" magazine,

rather than to determine the degree of association between IPS and the

Students for a Democratic Society (EDS).

Washington Their stige one FS base upon da ormation set forth in the

communication dated June 19, 1968, from the New York Office of the FBI.

This communication, captioned "Students for a Democratic Society (SDS), "

contained information from a source who had furnished reliable information

in the past that on May 27, 1968, Arthur I. Waskow of IPS, Washington,

D. C., had contacted Jeff Jones of the New York Regional Office of SDS.

Waskow reportedly advised Jones that his name had been included among

50 young, intelligent, leitist militants recommended to attend a three-day

meeting of the Foreign Folicy Association (FPA) at the New York Filton

Hotel, New York City, on May 27-29, 1908.

The source expected members of SDS to attend and possibly

attempt to dominate the meetings.

The investigation of IPS was initiated to determine its association

with SDS and what, if any, influence the New Left, of which SDS was an

integral part, had on the FPA.

-2-

NW 68262 Docld:32989696 Page 157

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## Page 158

U. S. House Select Committee on Intelligence Activities (HSC)

Later in October of 1968, the Baltimore FBI Office reported

information relating to a 1908 trip to Cuba by SDS members. "Paparts"

magazine was preparing an article, with some apparent cooperation from

IPS, on this trip by SDS members.

Consequently, FBI Headquarters sent

instructions on November 1, 1968, to appropriate field offices to determine

if there was a relationship between "Ramparts" and IPS, inasmuch as both

had demonstrated an interest in SDS.

In response to the inquiry of Congressman McClory, there are

currently 110 members of the Socialist Workers Party (SWP) on the

Administrative Index (ADEX).

In discussing the FBI inquiry concerning Lori Faton, Congressman

Johnson asked when the inquiry stopped and how long it took to establish that

Miss Paton was a high school student. At subsequent points both you and

Congressman Basten made similar inquiries regarding this matter.

Miss Paton first came to the attention of the FBI in mid-February,

1973, when her name and address were obtained from a legal mail cover

on the headquarters of the SWP, New York City. This information was

torwarded by letter dated February 28, 19%5, to our Newark Ortice for the

purpose of identifying her and determining whether any further inquiry vas

warranted. The Newark Office reviewed its indices and contacted established

confidential sources in an effort to determine the reason for her contact with

the SWP. These inquiries proved negative. On March 22, 1973, Newark

opened an individual case on Miss Paton and requested a further inquiry at

Chester, New Jersey, to determine her identity and whether she was involved

in subversive activities. On March 28, 1973, inquiries were made by our

Resident Agent at Chester, New Jersey, with the local credit bureau and

the Chief of Folice, which indicated Miss Faton had probably graduated

from the local high school. Later on this same date, our Resident Agent

contacted the principal and vice principal at the high school and determined

that she was in fact still a student there and had probably contacted the SWP

in regard to one of her school courses. No further inquiries were made

regarding Miss Paton. The Resident Agent, in the normal course of his

- 3 --

NW 68262 Docld:32989696 Page 158

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## Page 159

U. S. House Select Committee on Intelligence Activities (HSC)

business, dictated and forwarded to his Newark headquarters the results of

his inquiry in a memorandum dated April 2, 1973. The Newark case Agent

routinely reviewed the information from the Chester Resident Agent,

recommended closing, and on May 7, 1973, the case was officially closed.

The above information concerning Miss Paton is furnished for

inclusion in the transcript of the hearings concerning FBI surveillance

activities, November 18, 1975, at line 19, page 4165.

It is requested that all of the above information be made a part

of the official record of the November 18, 1975, hearings.

1 - The Attorney General

NW 68262 Docld:32989696 Page 159

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## Page 160

November 18, 1975

Congressman

Otis Pike

Chairman

COHouse Select Committee on Intelligence

• United States Congress

Washington, D.C.

RE :

Jacqueline Hess Matter

Paste AtI

Dear Mx. Chairman:

Enclosed please find a copy of a memorandum of mine

to Director Kelley in this case. I assume ii will be no

surprise to you to read that we have concluded that the

Bureau investigation and our deliberations in the Depart-

ment indicate no evidence of

criminal intent on the part

of Ms. Hess. Consequently we are closing this matter.

Very truly yours,

=r. 14

enct.

Harold R. Tyler, Jr.

Deputy Attorney General

62-116464

REG 78

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170 FEB 1 F.ü

+x120-801 enis are. d

+ 44229-5121

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62-116464

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NW 68262 Docld:32989696 Page 160

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