Originator: FBI
From: DIRECTOR, FBI
To: AG
Document date: 08/09/1976
Document type: PAPER, TEXTUAL DOCUMENT

## Page 1

Date: 07/06/94

Page: 1

JEK ASSASSINATION SYSTEM

IDENTIFICATION FORM

AGENCY INFORMATION

RECORD

AGENCY : FBI

NUMBER

: 124-10188-10061

RECORDS SERIES :

HQ

AGENCY FILE NUMBER :

62-116395-1695

DOCUMENT INFORMATION

ORIGINATOR : FBI

FROM : DIRECTOR, EBI

TO : AG

TITLE:

DATE : 08/09/76

PAGES :

8

SUBJECTS :

CC, RPT, FBI, COINTELPRO, KING, MARTIN LUTHER JR.

DOCUMENT TYPE : PAPER, TEXTUAL DOCUMENT

CLASSIFICATION

RESTRICTIONS : NOT ASSASSINATION RELATED

CURRENT STATUS : X

DATE OF LAST REVIEW : 07/05/94

OPENING CRITERIA :

INDEFINITE

COMMENTS

INC MEMO, LHM, 20 OF 28 PAGES NAR

Released under the John F. Kennedy Assassination Records

Collection Act of 1992 (44 USC 2107 Note]. Case#:Nw 68262

Date: 09-22-2022

[R]

- ITEM IS RESTRICTED

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## Page 2

..."

1 - Mr. J. B

Idams

2 - Mr. J. A. Mintz

(1 - MI. P. V. Daly)

1 - Mr. R. J. Gallagher

(Attn: D. I. Perrine)

The Attorney General

August 9, 1976

1 - Mr. F. C. Fehl

Direct

FBI

(Attn: G. R. Steel)

1 - Mr. T. W. Leavitt

1 p Mr. R. L. Shackelford

U.

S

SENATE SELECT COMMITTEE

(Attn: K. A. Mendenhall)

ON

INTÉLLIGENCE ACTIVITIES (SSC)

1 - Mr. J. G. Deegan

(Attn: D. Ryan)

1 - Mr. F. J. Cassidy

(Attn: H. W. Porter)

2 - Mr. S. F. Phillips

As you are aware, the SSC permitted representatives

of this Bureau to review drafts of its reports concerning

the FBI prior to their printing and public release.

some instances we furnished to you a memorandum, with a

copy for forwarding to the White House, which reported our

observations concerning the drafts. Specifically, we

furnished you a letter and memorandum dated March 15, 1976,

commenting on the SSC's draft concerning COINTELPRO;9

letter and inemorandum dated April 8, 1976, relating to the

sSC's draft; concerning the Martin Luther King, T.

Investi-

gation; and a letter and memorandum dated April 15, 1976,532

relating: to the SSC's Findings concerning the King

investi;

Sation, @COINTELPRO, and some miscellaneous matters. S

DED;

51001

We have now completed our review of the various,

SSC reports in their final form which have been released

to the public.

Our review has disclosed matters to which

the, Executive Branch, and particularly the Department of

Justicesand the FBI, could take exception. Some of our

§criticism duplicates that expressed in the earlier memoranda

Edited above where the objectionable material noted in the

§draftsowas repeated in the final form of the reports. Other

chiticism relates to material in the reports which was not

in

i thedrafts.

Assoc. Dir.

Dep. AD Adm. _

line

Dep. AD Inv. _

62-116395

Asst. Dir.:

Admin.

Comp. Syst.

SFP:1hblhb

Ext. Affairs

(15)

EE NGLES

NREC 98

63-116-395-14695

Gen. Inva

Ident. -

Intell. -

TRZOCILE DISECIOU

SEE NOTE PASE I NE

Files & Com. _

mr 51 in o8 t lase

3=5 blade

Inspection o

MNLERORUCE DIA

Legal Coun?^

VEGIELVAL DISECROU

GECEINED

Plan. & Eval.

Spec. Inv.-

Cộia

Training

<TO BE HAND-DELIVERED BY THE OFFICE

OF

CONGRESS IONAL AFFAIRS

MAZE ROOM

TELETYPE UNIT

38412084

8/10/02

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## Page 3

The Attorney General

Enclosed is the original of a memorandum

relating to our review of the SSC reports. Also enclosed

is a copy of the memorandum for forwarding to the appropriate

official at the White House.

Enclosures (2)

1 - The Deputy Attorney General

Attention: Michael E. Shaheen, Jr.

Special Counsel for

Intelligence Coordination

NOTE:

.S. F. Phillips to Mr. T. W. Leavitt memorandum,

5/28/76, "Senstudy, 75"

recommended, and the Director approved,

that upon completion of the reviews of all SSC reports,

detailed analysis would be submitted by memorandum to the

Department, with copy for forwarding to White House.

For

information, it was also recommended that the Bureau make no

To this latter recom-

mendation,

public response to the SSC reports. "I agree except where

the Director commented:

our failure to speak out would be costly. We can choose our

time however."

APPROVED:

Assoc. Dir..

pur

Dep. AD Adm

Dep. AD Inve

Asst. Dir.:

Adm. Serv.

Ext. Aftairs..

Fin. & Pers.

Gen. Inv..

sident.

Inspection:

Laboratory.

Legal Coun: Mi

Pian. & Eval...

Rec. Mgmt.

Spec. Inv...

Training.•

per

-2 .

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## Page 4

62-116395

1

- Mi

I. B. Adams

2 - Mr. J. A. Mintz

(1

- Mr. P. V. Daly)

1 - MI. R. J. Gallagher

(Attn: D. I: Perrine)

CIA HAS NO OBJECTION TO

DECLASSIFICATION AND/OR,

RELEASE OF CIA INFORMATION

IN THIS DOCUMENT. GMB 4-20-94

SPEMAC/EM

1 - Mr. F. C. Fehl

(Attn: G. R. Steel)

Aúgust39, 1976

1

- Mr. T. W. Leavitt

1

- Mr. R. L. Shackelford

(Attn: K. A: Mendenhall)

U.S. SENATE SELECT COMMITTEE TO

STUDY GOVERNMENTAL OPERATIONS WITH

i-Mr. J. G. Deegan

(Attn: D. Ryan)

RESPECI TO INTLLLIGENCE ACTIVITIES (SSC) 1-Mir. F:J. Cassidy

(Attn: H. W. Porter) !

2 = MI. S. F. Phillips

ALL INFORMATION CONTAINED

HEREIN IS UNCLASSIFIEI

4-26.9

Assoc. Dir.

Dep. AD Adm. _

Dep. AD Inv. -

*'Asst. Dir.:

"Admin.

Comp. Syst.

*Ext. Affairs

Files & Com. -

Gen. Inv. -

Ident.

Inspection

Intell.

Laboratory

Legal Coun.

Plan. & Eval.

Spec. Inv.

Training

Telephone Rm. _

Director Sec'y -

Introduction:

FBI review of the drafts of SSC reports concerning

the FBI revealed certain objectionable material and

presentations,

the more significant of which were

recorded in FBI memoranda dated March 15, April 8 and 15,

1976, same title as above. The SSC has completed its

public release of all reports resulting from its

investigation.

Three of these reports contain the

material most significant to the FBI. They are as follows:

(1) "Intelligence Activities and the Rights

of Americans" - Book II.

(2)

"Supplementary Detailed Staff Reports

on Intelligence Activities and the Rights of

Americans" - Book III. This Book includes

13 separate detailed reports or case

studies,

of specific areas of SSC interest, eight of

which concentrate on the FBI, the other five

having only peripheral FBI interest.

(3)

"Performance of the Intelligence Agencies

With Respect to the Assassination of President

Kennedy" • Book V.

MAS

The purpose

se of this memorandum, as for those

cited

above;. is to record what we believe to be

abdectionable

material and presentations contained in the sse

reports.

SFP :1hb

(14)

MAIL ROOM

ORIGINAL AND ONE COPY TO AG 2 3 IS@HOLE

-CLOSUREI

SEE NOTES PAGE TWENTY-SIX

TELETYPE UNIT

62116395-1615

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## Page 5

16

[]

[]

[]

FEDERAL BUREAU OF INVESTIGATION

POSTPONKHENT INFORMATION SHEET (JFK MATERIALS)

Page (s) withheld entirely at this location in the file.

One or more of the following statements, where indicated,

explain this deletion (these deletions).

Deletions were made pursuant to the postponement

rationale indicated below with no segregable material

available for disclosure. All references relate to

Section 6 of the "President John F. Kennedy Assassination

Records Collection Act of 1992."

[] Subsection 1A (intelligence agent's identity)

Subsection 1B (intelligence source or method)

[]

Subsection 1C (other matter relating to military

defense, intelligence operations or

the conduct of foreign relations)

[] Subsection 2

(living person who provided

confidential information)

[] subsection 3

[] Subsection

(unwarranted invasion of privacy)

(cooperating individual or foreign

government, currently requiring

protection)

[] Subsection 5

(security or protective procedure,

currently or expected to be utilized)

Information pertained, to a matter unrelated to the JFK

Assassination investigation.

For your information:-

The following number is; to be used for reference

regarding this page (these pages) :

62.116395-1695 pg 2 - pg

17

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XXX

XXX

XXX

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## Page 6

SENATE SELECT COMMITTEE ON INTELLIGENCE ACTIVITIES (SSC)

Investigation of the Assassination of President John F. Kennedy:

Referring to Book V, "Performance of the Intelligence

Agencies With Respect to the Assassination of President Kennedy,"

in the Summary, page 2, Findings, page 6, and at several other

points, comment is made that the

SSC discussion of investigative

deficiencies and failure of intelligence agencies to inform the

Warren Commission of certain information does not lead to a con-

clusion that there was a conspiracy to assassinate President Ken-

nedy. The majority of the report deals with speculation that other

information which may have been pertinent as an indication of a

conspiracy was not furnished to the Warren Commission.

The state-

ment is made on page & that the FBI investigation focused narrowly

on Lee Harvey Oswald.

Observations: It is true that the initial investigation

focused on Oswald.

There were compelling indications from the

inception of the investigation that Oswald had assassinated the

President.

As the SSC report states on page 32, the FBI investi-

gation was a massive effort. This investigation logically focused

on Oswald and thoroughly covered all aspects of his life. By his

Order of November 29, 1963, establishing the Warren Commission,

President Lyndon B. Johnson sought to avoid parallel investigation

and to concentrate fact-findings in a body having the broadest

national mandate.

The FBl furnished the Warren Commission volu-

minous information in the early weeks of the investigation,

Including information regarding Oswald's contacts with the Cuban

community.

The Warren Coumission used this FBI information and

reports from other agencies as a starting point for its inquiry.

Based on these initial reports, the Warren Commission thereafter

requested additional investigation by the FBI in numerous areas.

The seed was present for the Commission to request investigation in

the areas now alleged by the sSC to have been overlooked.

The FBI

was, by virtue of the original procedures set up, not in a position

of actually directing the course of the investigation, a matter

which was the responsibility of the Warren Commission.

The old

adage of "hindsight is better than foresight," would appear appli-

cable in this instance.

At the time of the Warren Commission

did not the areas now alleged to have been unexplored apparently

seem worth pursuing due to the compelling evidence that

Oswald had acted alone.

There have been no indications found that

there was an attempt to cover up any of the new areas suggested by

the SSC.

Had the Warren Commission requested the FBI to conduct

investigation and furnish information in those areas, it most

certainly would have been done.

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NW 68262 Docld:32176977 Page 6

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## Page 7

SENATE SELECT COMMITTEE ON INTELLIGENCE ACTIVITIES (SSC)

Pages 39 and 102 set forth information concerning two

teletypes dispatched by FBI Headquarters.

The first, on Noven-

ber 22, 1963, instructed all field offices to immediately contact

all informants, security, racial, and criminal, as well as other

sources, for information

bearing on the assassination of President

Kennedy•

The second teletype, on November 23, 1963, also dis-

patched to all field offices, stated that all offices should

resume normal contacts with infomants and other sources with

respect to bombing suspects, hate group members, and known racial

extremists. From these two teletypes the SSC draws the conclusion

that instructions

to interview security informants were "rescinded."

Observations: A careful review of the wording of the

teletypes reveals that the first teletype instructed all offices

to immediately contact all informants, including security

informants.

The second teletype does

not rescind any of the

instructions. It merely lowers the time priorities for contacts

with respect to designated types of individuals; namely, bombing

suspects, hate group members,

and known racial

extremists. For

these types of individuals, the instructions were modified to call

for normal contacts with them rather than immediate contacts.

Oswald was not believed associated with such types of people, it

would be logical to modify the instructions. Most significantly,

the second teletype does not comment in any way concerning the

required immediate contacts with the other types of sources which

would include security informants.

On page 17 it is indicated that the FBI learned that

Rolando Cubela, in October, 1963, was in contact with the Central

Intelligence Agency, (CIA).

The SSC claims that the FBI should

have told CIA and that the CIA would then have aborted its plot to

assassinate Cuban Premier Fidel Castro through the use of Cubela

because the plot was insecure.

However, the SSC further indicates

from testimony of CIA officials that at

the time CIA already had

grave doubts about the security of this plot (commonly referred to

as the AMLASH plot) and reasonably could have aborted it without

having benefit of the FBI information. (AMLASH was the code name

used by CIA for Cubela).

Observations: The reason that the FBI did not advise CIA:

when it learned that Cubela was in contact with CIA is that the

a specific request that the FBI

not disseminate the information in order to protect the physical

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## Page 8

SENATE SELECT COMMITTEE ON INTELLIGENCE ACTIVITIES (SSC)

well-being of the source and possibly of others.

The SSC is

aware of this factor.

since been doubted by CIA.

On page 38 it is stated that the FBI had sources in

the Cuban field who might have been able to provide relevant

information on possible Cuban involvement in the assassination

but that these sources were never utilized.

Observations: This

procedures concerning

common knowledge within the FBI, and learned by the SSC

i in its

study of FBI informant matters, that all FBI informants are con-

Even if contacting agents did not ask

sources specific questions regarding the assassination,

certainly there was sufficient publicity regarding FBI responsibil-

ities's in the assassination investigation to prompt any source with

knowledge of a Cuban involvement to volunteer such information to

Therefore, the SSC statement is misleading in

that it implies that FBI sources respond only to specific questions

by contacting agents and do not volunteer any other information.

This is quite the contrary in the case of informants and should

have been recognized by the SSC.

On page 95, paragraph 2, it states, "Later that day

Director Kelley held a conference

with..."

Observations: The foregoing statement is not correct.

nemorandum dated July 29, 1975, from Director Kelley to the

Attorney General, which is quoted as the source for the informatior

There is then set out the names of

individuals present at the conference and Director Kelley is not

named as an attendee.

On page 95, paragraph 2, last line, it is stated, "...

the FBI inquiry of the circumstances surrounding the delivery and

duplication of the note."

should have sexy dostructed "duplication" 1s incorrect; it

- 20 .

NW 68262 Docld:32176977 Page 8

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## Page 9

SENATE SELECT COMMITTEE ON INTELLIGENCE ACTIVITIES (SSC)

On page 96 appears a statement attributed to FBI

Special Agent James Hosty. The information is attributed to an

affidavit of Hosty of July 17, 1975.

correct date extorter 22, iidavit date lo Incorrect.

Footnote number 15 on page 97 refers to a Staff Inter-

view of William C. Sullivan (former FBI Assistant to the Director)

Observations: As the date of the interview appeared to

the FBI to be incorrect, SSC Staff Member James Johnston was

contacted by an FBI representative on June 24, 1976, concerning

the accuracy of this date.

Johnston advised, after checking

SSC records, that the correct date for the interview should have

been shown as April 21, 1976.

On page 40 there is stated

the claim of the SSC that it

"found that FBI Headquarters never instructed field agents to

contact informants or sources familiar with Cuban matters to

determine whether they had any information concerning Cuban

involvement in the assassination."

Observations: The above is not a completely accurate

statement as revealed through information earlier set out in this

memorandum concerning the FBI's contacts with its informants.

On page 40, under a heading entitled The FBI Investiga-

Mexi

tion in Mexico City,

it is stated that the FBI Legal Attache in

Mexico stated that while conducting the investigation he

proceeded under the "impression"

conveyed to him by Bureau Head-

quarters that Oswald was the lone assassin.

The Legal Attache is

then quoted as stating,

"Our investigation was dedicated or

directed toward establishing Oswald'

s activities in Mexico and

looking toward trying to establish whether he had been accompanied

by anyone while he was in Mexico."

Observations:

In quoting directly from the Legal Attache

it is clear that the FBI was concerned with establishing whether

or not Oswald may have had some confederate or confederates.

Thus, it is not accurate to imply that the FBI was

with

determining that Oswald was a "lone assassin, "Concerned only

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## Page 10

SENATE SELECT COMMITTEE ON INTELIIGENCE ACTIVITIES (SSC

On page 36 information is attributed to a Soviet

Section supervisor at FBI Headquarters who was extensively

involved in the investigation.

It is reported that in late

1963, this supervisor had been assigned the "responsibility

of going through every file in the FBI to see whether any

lead had been overlooked in the case.".

Observations:

On its face, the claim that an FBI

supervisor

was charged with going through every file in the

FBI is ludicrous.

Consequently, this supervisor, now retired,

was consulted by a representative of the FBI. It is his

contention that the information attributed to him in the above

quotation is out of context. He observed that it would have

been ridiculous to have been assigned to review every file in

the FBI. He recalls, and he' so told the SSC upon interview öf

that at some date considerably after the assas

been charged with going through all relevant

responsibility for reviewing all FBI files; nor

files an ee matter, but that he had tver bot cha de pite

such a function.

Significantly, this former supervisor also

advised that he had never been given the opportunity by the

SSC to review his testimony for accuracy, although same was

recorded by the SSC at the time of the interview.

22

nos

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## Page 11

FEDERAL BURRAU OF INVESTIGATION

POSTPONKHENT INFORMATION SHEET (JFK MATERIALS)

Page (s) withheld entirely at this location in the file.

One of more of the following statements, where indicated,

explain this deletion (these deletions) •

[].

Deletions were made pursuant to the postponement

rationale indicated below with no segregable material

available for disclosure. All references relate to

Section 6 of the "President John F. Kennedy Assassination

Records Collection Act of 1992."

[] Subsection 1A (intelligence agent's identity)

[]

Subsection 1B (intelligence source of method)

[]

Subsection 1C (other matter relating to military

defense, intelligence operations or

the conduct of foreign relations)

[] Subsection 2 (living person who provided

confidential information)

[] Subsection 3

(unwarranted invasion of privacy)

[] subsection 4. (cooperating individual or foreign

government, currently reguiring

protection)

[] Subsection 5 (security or protective procedure,

currently or expected to be utilized)

Information pertained, to a matter unrelated to the JFK

Assassination investigation.

For your information:

It The following number is to be used

for reference

regarding this page (these pages) :

62-116395-1695 pg23-pg26

XXXXXXXXXX

XXXXX

XXXX

XXXXXXX*

XXXXXXXXXX

XXXXXXXXXX

NW 68262 Docld:32176977 Page 11

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