## Page 1

File #:

62-116395

Serial Scope:

10! THRU 150.

104 THRee 105

Heleased under the John F. Kennedy

Assassination Records Collection Act o

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

28608 Date: 03-18-2025

NW 88608 Docld:32989532 Page 1

---

## Page 2

)

OPTIONAL FORM NO. 10

5010-106

MAY 1902 EDITION

GSA GEN. REG. ANO. 27

UNITED STATES GOVERNMENT

Memorandum

MR. W. R. WANNALI WIL

FROM

:MR.

W. O. REGAR

1 - Mr. J. B. Adams

1 - Mr. J. A. Mintz

DATE: April 24, 1975

1 - Mr.

J. B. Hotis

1

-Mr.

W.

R. Wannall

1 - Mr. W. O. Cregar

Assoc. Dir. _

Dep. AD Adm. _

Dep. AD Inv. _

Asst. Dir.:

Admin.

Comp, Syst.

Ext. Affairs

Files & Com. _

Gen. Inv. -

Ident..

SUBJECT: SENSTUDY 75

Laboratory

Plan. & Eval.

Spec. Inv.

i raining

This memorandum reports the receipt of a legal

memorandum prepared by Mr. Edmund Cohen, Office of the General Her

Consess de tea in classie satay note thor tea 2

memorandum have been furnished to Mr. Anthoni Scalia,

Assistant

Attorney General, and Mr. James A. Wilderotter, Associate Counsel

to the President.

Memorandum Cregar to W. R. Wannall dated 4/14/75 discussed

an article contained in the 4/10/75 edition of "The Washington Post"

wherein Senator Frank Church, Chairman of the Senate Select

Committee, stated he reserved the right to make public any documents

the Committee received. This memorandum also noted that Mr. James

Wilderotter, Associate Counsel to the President, advised that

The White House was preparing a letter to Senator Church recognizing

that Congress can, at its discretion, declassify material it

receives, but strongly urging that such declassification action

not be taken unilaterally by the Senate Select Committee without

approval of the agency originating the information.

As an aid to the preparation of such a letter, the

Office of CIA's General Counsel has prepared a paper encitled

"Authority of Congress to Release Classified Data." Copy attached.

It was made available to all members of the Ad Hoc Coordinating

Group for Congressional Review of the Intelligence Committee

infouation and any conments scape to dese as 150

ACTION: For information.

Enclosure

62-116395

#токів

WOC: ekw

(6)

AGE INTORATION CONTAINED

MAY 15 1975

win?

HEREIN

DINITIA

Tracts mi ma dues not

Salve tir priolem, tilei firi

It razuires no farin anolysis.

84 MAY 2 7 1975

NW 88608 Docld:32989532 Page 2

---

## Page 3

DIRECTOR

ENTRAL INTELLIGENCE

17 April 1975

Ad Hoc Staff

75-350

MEMORANDUM FOR:

Members of the USIB

Ad Hoc Coordinating

Group

This is being furnished you at

DI. Clarke's request.

Honic S Tinaret

Harriett D. Mowitt

Executive Secretary

Attachment

#MDR16

ALT, TRI TOO NATION CONTRAD

62

116395=150

NW 88608 Docld:32989532 Page 3

---

## Page 4

MEMOPANOUM FOR:

Antonin

lia, Esq.

Assistan

ittorney General

Office of Legal Counsel

Attached is a hurriedly done legal memorandum

entitled "Authority of Congress to Release

Classified Data." I would welcome your comments

on this so that a finished document could be made

available to the various agencies concerned.

John

Warner

General. Counsel

Central Intelligence Agency:

•12 April 1975

(DATE)

ALt BRi

INDORNING

BOLT CORTATIND

NO.

6.58

101

REPLACES FORM 10-101

WHICH MAY BE USED.

MEMORANDUM FOR:

James A, Wilderotter, Esq..

Associate Counsel to the

President

Attached is a hurriedly done legal

memorandum entitled "Authority of

Congress to Release Classified Data."

I would welcome your comments on

this so that a finished document

could be made available to the various

agencies concerned

John S.

General Counsel

Central Intelligence Agency

v2

Anril 1975

(DATE)

но.

= 34.101

PEPLACES FORM 10-101

WHICH MAY BE USED.

(47)

NW 88608 Docld:32989332• Page 4

---

## Page 5

MEMORANDUM FOR: General Counsel

SUBJECT

11 March 1975

ALL NOT DUFORDENSO LIONAINTED

BENEATES COOT

04T4-0

:. Authority of Congress to Release Classified Data

I. I have found no express authority for Congress to publicly release

information classified by the executive branch pursuant to an Executive

order issued by the President. Moreover, on a number of occasions Congress

has mandated that matters pertaining to national defense or foreign policy

be kept secret.

--Congress has made it a crime for one lawfully having possession,

access or control of documents relating to national defense or infor-

mation relating to the national defense which the possessor has

reason to believe could be used to the injury of the United States

or to the advantage of any foreign nation to communicate, deliver,

or transmit same to any person not entitled to receive it.

18

U.S.C,A. 793(d).

--Congress has made it a crime to disclose to an unauthorized per-

son or publish any classified information obtained by the processes

of communications intelligence. 18 U.S.C.A. 798(a).

--Congress has made it a crime to photograph or sketch vital military

or naval installations or equipment requiring protection against gen-

eral dissemination of information. 18 U.S.C.A. 795. It is also a

crime to publish or disseminate photographs, maps, or drawings of

such defense installations without first obtaining permission of the

commanding officer or higher authority. 18 U.S.C.A. 797.

--Congress, in order to prevent public disclosure of certain activities,

has given various officials the power to keep confidential certain funds

expended for national security or foreign relations purposes. Such

authority is given, for example, to the President (22 U.S.C.A. 2364),

to the Secretary of State (31 U.S.C.A, 107), and to the Director of

Central Intelligence (50 U,S.C.A. 403j).

NW.88608 Docld:32989532_Rage

---

## Page 6

-Congress has provided that meetings of the Senate Committee on

the Budget may be closed to the public if it is determined by a record

vote of a majority of the members that the matter to be discussed

...will disclose matters necessary to be kept secret in the

interest of national defense or the confidential conduct of

the foreign relations of the United States. 2 U,S.C.A.:

190a-3..

--Congress, after requiring that the Secretary of State transmit forth-

with to the Congress the text of any international agreement, other

than a treaty, to which the United States'is a party, goes on to pro-

• vide that

.,any such agreement the immediate public disclosure

of which would, in the opinion of the President, be prej-

udicial to the national security of the United States shall

not be so transmitted to the Congress but shall be trans-

mitted to the Committee on Foreign Relations of the Senate

and the Committee ön Foreign Affairs of the House of Rep-

resentatives under an appropriate injunction of secrecy to

be removed only upon due notice from the President.

1U.S.C.A. 112b.

-Finally, Congress, in enacting the Freedom of Information Act,

expressly exempted from disclosure matters which are

•..specifically authorized under criteria established

by an Executive order to be kept secret in the interest

of national defense or foreign policy. 5 U.S.C.A.

552 (b) (1) .

2. Despite this apparent lack of authority to release classified data

and the existence of the above-mentioned statutes, Congress is constitutionally

immunized, at least in part, against any consequences flowing from release

and disclosure of classified information. Article I, $ 6 of the Constitution

states in respect to Senators and Representatives that:

..,for any Speech or Debate in either House, they shall

not be questioned in any other Place.

2

NW 88608 Docld:32989532 Page 6

---

## Page 7

3. A long line of Supreme Court cases, beginning with Kilbourn v.

Thompson, 103 U,S, 168 ({991), has held that the privilege or immunity

: relating to speech or debate should be given a broad and liberal construc-

fion, In Kilbourn the court stated:

It would be a narrow view of the Constitutional provision

to limit it to words spoken in debate. The reason oi the

rule is as forcible in its application to written reports

presented in that body by its committees, to resolutions

offered, which, though in writing, must be reproduced

in speech, and to the act of voting.... In short, to things

generally done in a session of the House by one of its

members in relation to the business before it. (At p. 204.)

4. The court, moreover; has resisted arguments that an unworthy

purpose should destroy the privilege. In Tenney v. Brandhove, 341 U.S.

367 the court reaffirmed its earlier holding in Fletcher v. Peck, 6 Cranch

8? (1810), stating:

.. that it was not consonant with our scheme of govern-

ment for a court to inquire into the motives of legislators,

has remained unquestioned, (At.p. 377.)

The distance to which the court was willing to go to uphold this principle

was seen in United States v. Johnson, 383 U,S. 169 (1966). In that case

a former Congressman was convicted for conspiracy to defraud the U.S.,

in part on evidence that, in pursuance of a conspiracy designed to give

assistance to certain savings and loan associations which had been indicted

on mail fraud charges, he was paid to give a speech on the floor of the House.

The Supreme Court granted a new trial holding that a prosecution which

draws in question the legislative acts of the defendant member of Congress

er his motives for performing them "necessarily contravenes the Speech or

Debate Clause." (Atp. 185.)

5. The court addressed the issue of classified information in Gravel v.

United States, 408 U.S. 606 (1972), a case which arose when Senator Gravel,

Ehairman of the Subcommittee on Buildings and Grounds of the Senate Public

Works Committee, convened a night meeting of the Subcommittee and there

read extensively from a copy of the Pentagon Papers which bore a Defense

security classification of Top Secret - Sensitive. He then placed the entire

47 volumes of the study in the public record. Senator Gravel claimed that

Article I, section 6 protected him from criminal or civil liability and from

3

•NW 88608-Docld:3

---

## Page 8

questioning elsewhere than in the Senate, with respect to the events occur-

ring at the Subcommittee hearing at which the Pentagon Papers were intro-

duced into the public record. The court stated: ".../T/o us this claim is

incontrovertible." (Atp. 615.)

6. The court further noted that:

The Speech or Debate Clause was designated to assure

a co-equal branch of the government wide freedom of

speech, debate, and deliberation without intimidation

or threats from the Executive Branch. It thus protects

Members against prosecutions that directly impinge

upon or threaten the legislative process. We have no

doubt that Senator Gravel may not be made to answer--

either in terms of questions or in terms of defending

himself from prosecution--for the events that occurred

at the subcommittee meeting. (Atp. 616.)

?. From the above, together with the positive phrasing of Article 1,

§ 6 of the Constitution, it would appear that any Member may make any state-

ment he desires on the floor of the Congress or in one of its committees. Such

statement shall be absolutely privileged, notwithstanding that it was based

on information secured from classified Central Intelligence Agency material

either furnishea the Member in confidence or containing any restrictive

notice as to use or dissemination. This privilege would operate if the Member

were to read the information verbatim into the record on the floor or into

the record of hearings before a congressional committee. It would still be

privileged when it appeared, verbatim, in the Congressional Record or in

the published hearings of a congressional committee. The only sanction,

apart from the individual conscience and sense of responsibility of the Member,

would have to come from Congress itself, which has the power to discipline

any Representative or Senator who improperly disclosed classified information.

8. One additional wrinkle might be noted. Although Congressmen

would be immune from liability for introducing classified information into

a committee report and immune from liability for ordering it printed and

disseminated to the public at large, the Public Printer and the Superintendent

of Documents may not be immune from suit for printing and disseminating

such reports to the public. The court examined this question in Doe v.

McMillan, 412 U.S, 306(1973), a case in which petitioners claimed that a

report issued by the House Committee on the District of Columbia, containing

4

NW 88608• Docld:32989532 Page 8

---

## Page 9

documents relating to disciplinary problems of certain specifically named

students, violated statutory, constitutional and common-law rights to pri-

vacy. The Supreme Court refused to determine whether dissemination to

the public would serve the important legislative function of informing the

public concerning matters pending before Congress for the purpose of

holding Members of Congress liable. However, it remanded the case to

the Court of Appeals, in part to undertake just such a review in order to

determine whether the Public Printer and the Superintendent of Documents.,

who were without blanket immunity, could be held liable..

9. The discussion thus far has dealt only with congressional immunity

for releasing classified information in Congress. No such immunity exists

in the case of disclosures made by congressmen outside of Congress. Thus,

in. Long v. Ansel, 69 F.2d 386 (Ct. App., D.C, 1934), affã. 293 U.S. 76

(1934), and in McGovern v. Martz, 182 F, Supp. 343 (US Dist. Ct., D.C.

1960) it was held that if a Senator or Representative is alleged to have com-

mitted libel by republishing and disseminating remarks made in the Congress,

such republication and dissemination is not within the Speech or Debate

privilege even if such privilege would have been applicable to the original

publication of the remarks. Again, in Gravel v. United States, 408 U.S. 606

(1972), and in Doe v. McMillan, 412 U,S. 306 (1973) the court noted that

the Speech or Debate Clause does not protect "à private republication of

documents introduced and made public at a committee hearing, although the

hearing was unquestionably part of the legislative process."

10. From the above it is apparent that a Member is not privileged to

circulate CIA documents to his constituents, to the press, or by reading to

a meeting or on radio or television. Such action could well make the member

liable for prosecution under the espionage laws, but in any event would

expose him to the same liability for these actions as any other citizen. As

a practical matter, however, the prosecution of a Member for unauthorized

disclosure of classified CIA material, or disciplinary action by Congress

itself, is very unlikely.

EDMUND COHEN

Office of General Counsel

NW. 88606 Dold:32989532-Page 9

---

## Page 10

OPTIONAL FORM NO, 10

5010-106

MAY 1962 EDITION

GSA GEN, REG. NO, 27

UNITED STATES GOVERNMENT

Memorandum

Mr. J. B. Adams

TO

:

DATE:

May 2, 1975

FROM :

Legal Counse

SUBJECT:

SENSTUDY 75

#MDR16

ALL INTORMATION CONTAINED

HORSIN IS UNCIASSIFIED

DATE 1-19-0/BISPZALINITE

The April 29, 1975, Congressional Record - Senate,

pages s 7054 through and including s 7056, sets forth rules

• and procedures for the captioned Committee.

The rules cover

such topics as the convening of meetings, meeting procedures,

news media coverage, investigations, subpoenas, procedures

related to the taking of testimony, procedures for handling

classified or sensitive material, preparation for committee

meetings, staff, and reporting of measures or recommendations.

The key sections of these rules are subpoenas, investi-

gations, and procedures related to taking of testimony.

Concerning the issue of subpoenas, subpoenas may be

issued by the Chairman or any other member designated by him

with the consultation of the Vice Chairman.

Procedures relating to the taking of testimony provide

that testimony shall be given under oath or affirmation. It

also provids,that a witness may be accompanied by counsel.

Witnesses may also request that there be no news media coverage

of their testimony.

Witnesses will also be given the opportunity

of furnishing a statement prior to, and/or at the conclusion of

his or her testimony.

With regard to inspection and correction

of testimony, witnesses will be allowed a reasonable opportunity

to inspect their testimony, and corrections are permissible, but

must be made in writing within live days of the availability of

the transcript containing their testimony. Names of witnesses

cannot be made public prior to their testimony unless authorized

by the Chairman.

Contempt procedures as set forth, require that after

notice to all members of the Committee, and the affected person

the com

has had the opportunity to state in writing of in person why he

Enclosure

•1. - Mr. Adams

REC-100

6001167

14

1 - Mr. Wannall

ENCLOSURE

1

- Mr.

Mintz

6

MAY 20 1975

1 - Mr. Hotis

1 - Mr. Daly

1. - Mr. Cregar

PVD: eek wh

(8)

dAYodid 31875532 Page 10

*(CONTINUED - OVER)

LEGAL COUNSEL

Assoc. Dir..

Dep. AR Adm

Dep. AD Anv

Asst. Dir.

Admin.

Comp. Syst..

Ext. Affairs

Files & Com..

Gen. Inv. -

Ident. -

Inspection

Intell.

Laboratory

Legal Cot

Plan. &EvoR

Spec. Inv..

Training

Telephone Rm. -

Director Sec'y -

---

## Page 11

. =

Legal Counsel to Mr. Adams

Re :

SENSTUDY 75

of she should not be held in contempt, a vote would be taken by

the Committe with a majority being necessary for the referral

of a contempt citation to the full Senate.

The rules concerning sensitive material limit access

to such material to employees on a need-to-know basis ana to

only those staff members with appropriate security clearances.

Reporting procedures for the Committee provide that

where the Committee is unable to reach a unanimous decision,

separate views and reports may be printed by any member or

A complete Xerox copy of the rules as they appear in

the Record is attached.

RECOMMENDATION:

Action.

For Information.

goo

PIM

- 2 -

NW 88608 Docld:32989532 Page 11

---

## Page 12

$ 7051°

Imperceptabte, whilo 3.5 can bo sel new tho

polnt of origin and 3 can bo felt ever alali-

sized area. Slight dumugo can be caulge at

4.5, & level of 5 is considered dan a cil;, 7 is

major, and 8 ls a

"grcat eartliqu..lr/

Tho Issue, most geologists and tr mie ex-

perts agree, is not whether another block-

muster quake will occur, but when. It could

happen any tic.

Should that earthquake occur "tomorrow,"

these

experts

believe, the

following reall-

ties awalt Calformlans:

Tens of thousands of bnliams built in

the tirst half of the cantury, coly haz-

airlous under severe earthrule condillons,

in use in San

could topple, endanting thou nads of ll'es

Can estimated 800,000 m los An • les alone).

Other thousand: di insidi:

High-rise bulldings, built to more modern

scandards, may diot soppie.

but lace sorious

disabied elevators and hi-

Earthquako disaster urgenry plans are in

the nascent stages throu hout the

hampered by apa'hy among public ofcials,

lack of funds and Infrequent exereles,

The public is ill-prepared

earthquakes or their nitormaths.

virtually no publicity about wint to do dur-

aiter a major

drills are rarely, It ever.

tles or 1nl public bulldings (schools aro an

A recent federally sponsored study gives

these estimates of death and injury should

a temblor of more than 7 or 8 on the Rich-

ter seale occur in or near Sni. Fraucisco or

San Francisco-as many as 10.000 persons

dead and 40,000 injured. (Should & major

dam break,

tho

death

toll

could

rise

to

60,000.) Another 56,000 could be left home-

less (not inciucing dun erinters).

Los Angeles- is many a5 20,600 deaths and

up to 600,000 injured. Addlilonal deaths pos-

sible due to major dam fallure-up 1o 14,000.

Homeless (not including dam evacuces), up

At the very best, Calltornians nie fitalistic

about carthquakes, accepting that they will

alected arca when it happens.

"You don't know when it is foing to be or

now lu's going to lue," sold one West Ins An-

"I should put moncy

making my house earthquake-proof when I

could be in some skyscraper swaying when 1t

In San Francisco, a college professor re-

cently asked 125

In & random

what they would do it an carth-

quake comes. Sixty per cent said, in effect,

"Start praying. What else Is thero to do?"

What can be done? In fact, Multe & lot

and some of it is being accomplished in tho

arens of building cods uparaline, land-uso

planing,

eineryency

preparedness,

carth-

quake prediction, and publie eduration. But

tho efort of &

few

narcssive

leristators,

state and local oficials, and private cilliens

1s frustrated by

tho low level of priority

generally assined to carthqunir prolection.

Tho "kill ratio" of part Celifornia carth-

quakes is extremely low compared to, say.

trame accidents. About g00 persons have dled

n3 the resulls of qualies since the tuin of

the century compare to an everare annual

michway toll of 4.800. Thus thoro

are those

who argue agalist expenditure; oi time and

effort on something as mercurlal and unpre-

dictable as an carthqua.ie.

Callfornia's new

governor, Eximund

G.

Brown, Jr., is sald to be one of those. Accord-

ing to a recent news story, Brown surgested

thint money being allocated for sare buildings

might be used to improvo the quallty of edu-

cation, to rehabtlitato housing for the poor,

or to creato construction Jobs.

ATL INFORKATION CONTAINED

HORDIN IS UNCIASSITIO

DITAI4-O1

DY SParLm |716

NW 08606-oc/d 32989532-Page:

GRESSIONAI. RECORD - SENAT

After the San Frenando quake,

there wag

& hurry of studies, hearings, plans and legis

Intion.

In Los Angeles, the bullding code require-

ments were toughened. Explained Bob

Wil-

llams, genernl manager of Los Angeles' De-

periment of

Building

and

Safety:

"Wo

doubled the loading

strength requirements

and rraulred standards tuke as strong in re-

intorcid

concrete and reinforced masonry."

Los Angeles' building code is iu somo re-

spect tougher than the Uniform Building

Coxie

Which most juridictions in

state adhere. One oflicial

Ing director Edward AT. O'Connor, a leading

proponent of better preparedness,

that the Unitorm Building Code falls short.

April 29, 1975

rise collopse, there is a brond consensus that

most existing high rises aro vulnerable to ex-

tensivo Internal

damage

from

unbolted

equipment and, most significantly, from Are.

Tho dangers are serious enough to

have

prompted major changes recently in fire rog-

ulations for all future buildings.

All future high rises (above 75 fcet) will be

built with automatle governors that bring

elevators instantly to ground level, and, incit

importantly, with sprinkler systems at every

All but a minuscale number of the acarly

2.000 high rises presently in Los Anycles nud

San Francisco lack sprinkler systems.

Requiremonts that they be installed were

wrilten Into a state law last year, but elioris

•to druft reguintions ran into fierce opposition

sode: to pre-erve life, limb, property and the

from builders, the Chambers of Commerce

welfare in the event of an earth-

Changes in the uniform code come slowly.

by the Calliornta Structural Engineers As-

sociation, composed of professional. enginecis

who help design bulldings,

usually represent

a balance of conservative and liberal strains

strongly influenced by

The drafters of the uniform code are still

with one of the central lessons of

the San Fernando earthquake-the fact that

major butldings are being consüructed with

little knowledge or consideration of soil and

geological conditions and how they might

respond to ground shocks.

Geologists and seismic experts admit they

Know very little about what causes earth-

quakes or precisely how buildings are affected

by local or even distant shocks. Now, for the

first time, California is placing instruments

that

measure

motion

in key

buildings

around the state. But they must await an-

other earthquake to produce usable data.

Izz the meantime, seismic considerations

aro working their way slowly-some say too

slowly into building requirements.

Now laws ban construction

active laults, require satisfactory geologic

studies before new hospitais are built, re-

"seismic safety element" be in-

The battle is still being fought.

San Francisio's disaster plan is advanced

over those of other municipalities, but it su1-

fers from lack of a central communications

network, insulliclent coordination among de-

and madequate practical

according to a city planning depart-

"All it is is a paper organization,"

Alfred Goldberg, head of the city's building

Goldberg's concerns are echoed by James

Hulgwood, state emergency services oficer in

to create state-level dis-

aster plan for Southern California.

Commented Haigwood: "I don't think most

elected

and appointed

ofliciais understand

they have a real responsibility to have their

jurisdictions prepared. They are only doing a

barebones job."

RULES ,OF PROCEDURE FOR

, THE

SELECT COMMITTEE TO STUDY

GOVERNMENTAL

OPERATIONS

WITH

RESPECT TO

INTELLI-

GENCE ACTIVITIES

Mr. CHURCH. Mr. President, in ac-

cordance with the provisions of the Leg-

islative Reorganization Act of 1970, I

submit now for pubiication in the REcorD

correction of unsafe dam conditions.

the rules of procedure for the Select

This legislation added up to the most pro-

Governmental

gressive package of earthquake measures in

Operations With Respect to Intelligence

40 years, but it was not accomplished without

Activities. These rules were adopted by

resistance. The restriction on building on or

the members of the Select Committee

near faults, for example, inspired & storm of

on April 9, 1975. I ask unanimous coil-

protest from real estato developers and in-

dividual lot owners that eventually forced

sent that they be printed in the RecorD.

a modification softening tho restriction

A hospital law passed in 1972 requires that

were or reins no poletion the roes

detalled geological and soil reporis for pro-

posed hospital construction be reviewed by

RULES OF PROCEDONE FOR THE SELECT COM-

state geologists.

MITTEE TO STUDY GOVENNMENTAL OPERA-

ames Flosson, director of tho state D

TIONS

WITII

RESPECT

TO

INTELLIGENCE

artment of Mines and Geology, prompt

ACTIVITIES, U.S. SENATE, ADOPIED APRIL 9,

ran into problems.

1975

"The reports the first few months were n

These Ruler are Issued pursuant to the

dirgrace to the profession," Flosson said. "Wo

ist Section

01

Senato Resolution 21, 94lh

Insisted that they be redone, and done agnin

Congress, Ist Surion, agreed to Januniy 27,

unth they were right.

I'vo had my head

1975, and printed in full in the appendix

bloodied many times as a result. I've been

hereto.

threntened, told my career would bo ruined-

RULE 1. CONVENING OF MLETINGS

a few geologists tried to get me fired. But wo

1.1

The Committee may schlecile & ra.-

stood by our guns and now the quallty of

tho reports is excellent."

ular day and hour for the Committee to

meet.

Another

area of controversy is highrise

1.2

Tho Chairman shall have aulloilty

safety. Berkeley architect Karl V. Stelnbrusge

upon proper notice,

to call such edititan

belleves the modern steelframe constructlen

meetings of the Coinmittco as he niay d.ci

will withstand Intenso shocks. But Henry J.

necessary and may delegate such authority

Durunkolb,

San Francisco ctructural en-

to any other member of the Commitlee.

gliver and frequent erille of safety standards,

1.3

A special meeting of tho Commillen

sold:.

may bo calica at any timo upon the written

"I would not nud it unreasonablo to ex-

request of six or more membery of tho Com-

pect... there will be 15 to 30 total collap..es

mittee filed with the Clerk of the Conmittra.

with snother 50 to 100 severcly damaged" in

14 In thio caso of any meetiny or tho

San Francisco.

Committee,

other than &

regularly scheu-

→ Willo there is disagreement nbout high-

uled meeting, the Clork of tho Commitieo

ENCLOSURE: 62-116-395-449

---

## Page 13

April 29, 1975

"shall nosily every member of the committe.

of the time and place of the meeting and

in extraordinary circumstances, shall be at

least 2t hours in advance of any

held in Washington,

hours in the case of any meetlug held out-

If a majority of the members of the

Committee have made a request in writing

Chairman to call a niceting of the

Committee and the Chairman falls

meeting within seven calendar days

including the day on which the

Is submitted, such anajorily

may call a meeling by filing & writlen notice

with the Clerk or the Commitles who shall

promplly notify each member of the

in writing of the date and time of

RULE 2. MEETING PROCEDURES

Meetings of the Committee shall be

the puble except when otherwise

directed by the Chairman or majority vote of

members present.

It shall be the duty of the staff di-

rector to keep or cause to be kept & record

of all Committec procedings,

The Chairman of the Commitice, or

not present the

Chairman, shall preside over ali meetings of

the Committee. In the absence of the Chalr-

man and the Vice Chairman at any meeting

majority member is present the ranking mi-

nority member present, shall preside.

2.4 Except as otherwise provided in these

Ruies, decisions of the Committee shall be

and voting. A quorum for the transaction

of Committee business, including the

duct of Executive sessions, shall consist of

six Committee members except, that for the

purpose of hearing withesses,

oath, a quorum may consist of one Senator.

2.5 A vote by nhy member of the Com-

mittee with respect to any measure or mat-

ter being considered by the Committee may

be cast by proxy it tho proxy authorization

(1) is in writing to the Chairman or Vice

Chalrman; (2)

designates the member of

the Committee who is to exercise the proxy:

end (3) is limited to a specitic measure or

thereto. Proxies shall not be considered for

the establishment of a quorum.

RULE 3. BROADCASTING, TITLEVISION, AND

Any Committee inceting which is open to

the publie may, subject to Rule 6.7, be cov-

cred, in wholo or in part, by television, radio,

other media coverage,

authorizes such coverage.

When coverage by any such media is auth-

orized it must be conducted in an orderly

and unobtrusive manner, and the Chairman

may fur good cause termiate such media

coverage in whole or in part, or

ooher action as the circumstances may war-

No inve tigation shall be initiated by the

Connillee unless a majority of the mem-

bers of tho Committee has specilically au-

thoried such inver tation, but any member

of toe Chamitlee shell be entilled to pursue

any incuiry individually unless speciucally

prohibited by a majority vote of the mem-

bers of the Commitre. Authorized investi-

gicons or Inqulles no be conducled by

member; of the Commuttee and or by desig-.

subpoenas for attendance of witnesses or

of memoranda, documents,

records, or any other material may be Issuer

desigunted by him after consultation

the Vico Chairman, and may be served by

IGRESSIONAL RECORD - SENATE

ay person designated by the Chairman or

member. Each subpoena shall contain a copy

of Senate Resolutlon 21, 9ith Congross,

RULE G. PROCEDURES RELATED TO TILE TAKING

Noticc.-Wituesses réquired to appear

before the Committee shall be given reason-

ablo notice and all witnesses shall be fur

nished a copy of thess Rules.

or Afirmation-Testimony of

witnesses shall be given under onth or ri-

firmation which may be administered by any

member of the Committee.

Interrogation.-Commlitee interroga-

tion shall be conducted by members of the

authorized by the Chairman, the Vice Chalr-

man, or the presiding member.

witness may be accompanied by counsel.

Wilness who is unable to obtain counsel may

inform the Committee of such fact, and if

consistent with the notice given under Sec-

tion 6.1 hereof, at least 24 hours prior to his

appearance before the Committee,

mittee shall then endeavor to obtain volun-

tary counsel for the witness,

obtain such counsel will not excuse the wit-

ness from appearing and testifying.

(b) Counsel shall conduct themselves in

an ethical and professional manner. Failuro

to do so shall, upon a finding to that eflect by

a majority of the members present, subject

such counsel to disciplinary action which

may include warning, censure, removal, or &

recommendation of contempt proceedings.

There shell be no direct or cross ex-

amination by counsel. However, counsel may

submit in writing any questions he wishes

propounded to his client or to any other wit-

client's testimony suggest the presentation

of other evidence or the calling of other wit-

nesses. The Committee may use such ques-

tions and dispose of such suggestions as it

Statements by Witnesses.—A witness

may make a statement, which shall be brief

and relevant, at the beginning and conclu-

sion of his testimony. Such statements shall

not exceed a reasonable period of time as

determined by the Chairman, or other pre-

siding rember. Any witness desiring to make

& prepared or written statement for the rec-

ord of the proceedings shall file a copy with

the Cler's of the Committee, and in so far as

practicable and consistent with the notice

given, shall do so at least 72 hours in ad-

Objections and Rulings.-Any objec-

tion raised by a witness or counsel shall be

ruled upon by the Chairman or other presid-

ing member, and such ruling shall be the

ruling of the Committee unless a majority of

the Committee present overrules the ruling.

In the case of tle votes the rule of the chair

Ligits and Broadcasling.—(a) A wit-

ness may request, on grounds of distraction,

harassment, or physical discomfort, that dur-

Ing his teotimony, television, motion picture,

and other contras and lights shall not be

directed at him, such requests to be ruled on

in accordance with Rule 2.4.

(b) No withead subpoenaed by the Com-

mittee shall be required against his will to

at any nearlig or to givo

evidence or testimony while the broadcasting

of that hearina, by radlo or television, Is

Deins conducted. At the request of any wii-

nes who does not whin to be subjucted lo

telertion, or sull photography cov-

all lenses shall be covered and all

microphones lispd for coverage turned or.

So for a3 ls practicable, & witness desiring to

Chief Counsel of the Committee at least 24

schediled to testify:

inspection ana Correction, -All Wil-

nesoss testifying before the Committoo shall

be given a reasonable opportunity to inspect.

in the olice of the Committce, the transcrip

of their testimony to determine whether such

testimony wes correcoly transcribed. The wit

jess miy be accompanied by counsel.

the transcript shall be submited in writin

Committee within five days

of the transcript.

shall be limited to grammar and minor edil-

substance of the testimony, Any questloni

arising with respect to such corrections shull

the Chairman. Upon requet.

those parts of testimony given by & withos

in Executive session which are subsequentiy

quoted or made part of a record shall be

Inade available to that witness at his ex-

Testimony.-1

person who belleves that testimony or other

evidence presented at & public hearing, or

any comment made by a Committee member

raversely his reputation, may request to ay-

pear personally

testify on his own behalf, or may file a sworn

statement of facts relevant to the testimony,

evidence, or comment, or may submit to tho

Chairman proposed questions in writing for

the cross-examination of other witnesses.

mendations that & person be cited for con-

tempt of Congress shall de forwarded to the

Senate unless and until the Committec li:,

upon notice to all Its members, met and con-

sidered the alleged contempt, alforded the

person an opportunity to state in writlur or

1n2 person why he should not be held In con-

tempt, and agreed, by majority vote of the

Committee to forward such recommendation

to the Senate.

Release of Name of Witness.-Uido.is

authorized by the Chairman, the nane of

any witness scheduled to be heard by l

Committee shall not be released prior lo iles

appearance before the Commitlec.

RULE 7. PROCEDURES FOR HANDLING CLASSIMIED

7.1 Committee staff offices on the firit

operate under strict security precautions. At

least one security guard shall be on duty it

all times by the entrance to control entry.

All persons before entering the offices shall

themselves. At least one additional

security guard shall be pasted at night for

surveillance of the secure area where sensi-

Sensitive or classified documents and

storage area. They may se examined only it

secure rending facilitles. Copying,

oflices of such document: and other materints

Is prohibited except as is necessary for 19r 11.

or preparation for, interviews or Committe

meetings, including the taking of testimony,

und in conformity with Section 9.2 hereot.

Each meinber of the Conmittee sh it

at all times have access to all pars 1111

other matorial received from any source. '1 nr

Stall Direclor shall be responsible for thie.

procedures, of a registry which will num

and identify all papers and other malma

In the possession of the Committee, aud 311

reglibry shall be artilable lo any member al

Access to clissided information imp-

tho Commiltee shall bo limited lo

the Stall Director, the Chief Counsel and toy

Councll to the Minority, and those stall tri

bers with approprate security clearshes dl

NW 88608 Docld:32989532-Page-19

---

## Page 14

$ 7056

presented at an Exceutive Session, or classl-

ned papers,

and other maleriis received by

tho stall or lts consultants while in the em-

ploy of the Committee shull be nado publia,

in whole or in part or by way of summary, or

alsclosed to any person out:ide tho Conunit-

teo unless authorized by a majority vote of

tho entire Conunite, or alur thie ternillas

ton of the Comice, In such inder es

may be determined by the senate.

Before thu Commillee 1s called upon

to malic any depreition sith re-pect to the

pepers, or other nuterlals pre

Committee members shall

opportunity to examine

pertient lemony, papors and other

Commitlee sick.

member shall reled

any such to, bimony, papers, or other materi-

or any informallon contained in such

testimony, papers, or other materials,

public or ang perion outolde the Committeo

unters authorined by a majority tote of the

Commitlee, or after the termination

bo determined by the Senate.

RULE 8. PREPIRATION FOR CONSIIPTEL MININGS

Under directlon of the Chairman, tho

Stall Director, Chler Counsel, Counsel to the

Minority, or other designated stall members

prior to any

meeting in order to rsist the Committee

members in preparation for such meeting

any matter which the

Committee member might wish considered

during the meeting. Such bileing shall in-

cludo a list of all pertinent papers and other

Committce that bear on matters to be con-

sidered at the meeting.

The Staff Director, the Chief Counsel,

and the Counsel to the Minority shall rec-

aninend to the Chairmian and the Vice Chair:

man the lestimony, papers, ind other mate-

rials to be presented to the Commitice at any

The determinatlon whether such

testimony, papers, and other materinis shall

or Executive sessiou

shall bo made pursuant to the rules of the

9.1 The appolntment of all stall mem-

bers and consuitants shall ho confirmed by &

majorlty 70le of the committee,

firmation, the Chairman shall cortify staff ap

polntments to the Financial Clerk of the Sen-

Except as otherwise provided by tho

Committee, the cutles of stili and consult

ants shall do performed, and stati personnel

alairs and day-to-day operations, including

securlty and control of clussifled documents

and material, shall bo administered under tha

direct supervision and control of the Statt

Director and the Chief Counsel, The Counsel

Ior the Minority shall be kent fully informed

regarding all matters and shall hnvo access

to all material in the files of the Commitice.

The stall of tho Commitico saall not

discuss either the substance or procedure of

tho work of the Committee with anyone

other than a member of the Committeo or

other Committee personnel. Upon terminn-

tlon of employment by the Committee, ench

member of the staff, or consultant, shull sur

render all classified and other material re-

lating to the work of the Committee which

camo into his posse.sion whilo in the cmploy

Tho employment of any member of

the stail or consultant who tails to conform

to any of these Rules shall be immediately

RULE 10. SPRVICES, INFORMATION,

AND PERSONNEL, OF THE GOVERNMENT, CON-

SULIANTS

The Chairman shall have the authority to

utilize tho servlech.

information,

inchlues,

aud personnol of the departments and ayen-

GRESSIONAL RECORD - SENAI

cles of the government, and to procuro the

temporary or intermittent services of experts

or consultants or organizations thereor to

ninko studies or assist or advise the Con-

miltro with respect-to any matter under

investigution.

BULE 11. REPORTING OF MEASURES OR

RECOMMENDAEIONS

recommendations

shall be reported from the Commiblee unlerg

a minority of the Committee is actually pres-

ent and o majority of wiose pre ent concur.

In any case in which the Commit-

unanimous decl-

sion, separate views or reports niny be pre-

sented and printed by any member or men-

the Committee who

gives notice of his intention to file supple-

mental, minority, or additionnl views at the

time of finnl Committee approval of & meas-

uro or maller, shall be entitled to not less

three calendar doys la which to

such views, in wriving, with the Clerk of the

cluded in the Committee report and printed

In the same volume, as & part thereof, and

their Inclusion shall be noted on the cover

RULE 12. CHANGES IN EULES

These Rules may be modifled, amended, or

repealed by the Committee, provided thut a

notice in writing of the proposed chango has

been given to each member at least 48 hours

prior to the meeting at which action thereon

Is to be taken.

ANNOUNCEMENT OF POSITION

ON VOTES

STEVENS. Mr. President,

RecoRD a summary of my position on the

votes for H.R. 2166, the tax reduction

bill and H.R. 4296, the farm bill. For

the permanent RECORD, I would llao to

correct an error made in this summary.

The correct notation for votes No. 92 and

93 should be as follows:

92: Modified Hart winum-

bered amendment-nay.

Vote No. 93: Motion to table motion to

reconsider the vote by which the modi-

fied Hart unnumbered amenäment was

agiced to nay.

THE IMPORTANCE OF

LATIN AMERICA

Mr. HUMPHREY. Mr. President, I

to call to the attention of my

colleagues an editorial which appeared

In the Washington Post on April 26 cn-

titled, "The Importance of Latin Amer-

ica." Frankly,

it is & sorry thing we

have to be reminded

For too long, we have neglected what

President Kennedy recognizca as our

"sister republics"-and when we have

dealt with them, it has too often been

on the basis of paternalism rather than

equality. Yet the good neighbor polley

and the alliance for progress remind us

that our relatlons have been--and agnin

can be warm and constructive. They

should occupy a central place in our

forcion polley, and they should be con-

with the mutual respect they

Unfortunately,

tracted in recent years by hotter spots,

such as Indochina and the Middle East,

not to mention our brouillonal nbsorp-

April 29, 1975

tion in superpower politics. To be sur

it is some measure of our indifferon:

that we have withheld trade preferene.

acress-the-bourd, despite the fact th

countries Ilke Venezuela and Ecuador

not participate in the Arab oil emba:

which provoked our actlon.

Beset by massive social and econor

problems, South

America continucs

ferment. We should not wait to be fr

fronted with revolution and crisis. Ruth.

er, tre should anticipate and encorn:

progress and peaceful change. We m!.

begin hy supporting a new and fi:

Panama Canal Treaty, by seriously i.

evalunting the present policy of st

tions on Cuba, and by forswearing in:

ference in internal alfairs, which has h

such serious repercussions in Chile and

Clearly, the mere visit of Secreta.

Kissinger cannot substitute for the suh.

stantive reassessment and improvemen

of our altitudes and policies. Latin Ame-

ica is coming of age; so should Amerii.

Perhaps for our bicentennial we sh..!

establish a new corollary to the Monir

that Latin America be pru-

tected not only from European excesse

but from our own as well.

Mr. President, I ask unanimous co:-

sent that the excellent Post editorial Li

printed in the RECORD.

There being no objection, the editoria!

was ordered to be printed in the REcom,

TIE IMPORTANCE OF LATIN AMERICA

It is regrettable but not disastrous

the indochina crisis should have forced sir.

retary of Stato

Kissinger to pastpone ::

again his long-scheduled trip to Argcnti

Brazil and Venezuela. The trip would sureg

havo enhanced the secretary's understar.

ing of a region of far more critical and cu

during importanco to the United States 11.

Indochinn. And it wouid have glven his ho

tho opportunity to get what Latins perrl-

nlally feel is a commodity in short supply-

the high level attention of the U.s. govern-

ment. Yet the visit of an American Secreity

of State, even ono who is a celebrity, is I

that would turn

the heads

thoughtful Intins. They will wish to seo whit

else of a serious naturo in Iatin-U.S. rela-

tions Is going on.

The chief polltical task of American pOl-

tho hemlsphere is, plainly, to -20r

beyond the arrogance and paranola that l!

American oncials to think It was not oidy

appropriate but necessary to "destabilizo" tic

governments of Chile in

Since some of the same key omelals, inch

1ng Dr. Ilssinger, no still in ports of respo

no small task. Optin!'

might hope that the newly heightened pu-

Ile and congresslonal vigllance over the Cl..

and tho agency's own announced reforms, i"

enough to forestall another

misty will remaln skeptical, at least until tie

test of the next Chile is met.

Meanwhile, the developing emphasis o! U.::

polley on trenting Latin countries indivli-

ually, rather than as lool-allke members «

a hemleplierle collective, ta a hralthy d

This new emphasts tits the reality that It'll 1

clination to tako a step away from the old

notion of a hemispherle "community." Al.

1f deepened, it shouid free American polli,

makers Irom the islulous idea that

happens li one corner of Latin Aracrics will

also happon in other corners. It is prectry

that lod Washington to teur tit

Cuba and Chile, In their respective timi,

would contaminato the rest of the regions

NW 88608 Docld:32989532 Page 14

---

## Page 15

and Hot Sealt

15.569

8 May 1975

MEMORANDUM FOR: Members of the USIB Ad Hoc Coordinating®

GrOup

SUBJECT

:

Security Clearances

The following is a listing of 12 additional Senate

Select Committee Staff members and official stenographers (*)

who have received a security investigation by the Federal

Bureau of Investigation within the past five years and

are certified by Mr. William G. Miller, Staff Director of

the Senate

• Select Committee, by letter dated May 6, 1975,

as meeting the requirements of Executive Order 10450 for

access to classified information up to and including Top

Secret.

Name.

*C. Harold Brown

*Wayne Birdsell

Anne Karalekas

*Mary Lynch

Robert Kelley

Paul Wallach

Lester Seidel

*Frank Shelburn

*Robert Thomas

Gregory Treverton

William Truehart

*Fred Ward

TALONE UCLA

Date & Place of Birth

6/6/38

Ohio

5/2/06

D.C.

11/6/46

Mass:

3/16/26

W. Va.

10/29/40

Ind.

5/24/47

N. Y.

7/17/44

D.C.

5/30/13

Va.

12/16/25

Ma.

1/21/47

Colo.

12/18/18

Va.

11/20/40

D.C.

Soc. Sec. No.

278-34-3428

578-03-1841

023-36-4329

250-38-1344

559-54-1348

149-36-2999

216-38-5204

338-24-6934

219-14-5186

524-62-2459

225-20-6411

225-50-9983

62-116395-

at EThics

„NCORDEN

ArJohn M. Clarke

18 MAY 13 1975

Assocrate Deputy to the DOI

for the Intelligence Community

5-208

File 62-116395

C MAY 14, 19/6

NW 88608 Docld:32989532 Page 15

---

## Page 16

5010-106

TO

OPTIONAL FORM NO. 10

MAY, 1962 EDITON

GHA GEN. REG. NO, 27

UNITED STATES GOVERNMENT

Memorandum

: MR.

W.UERWANNAtI

Assoc. Dir.

1 - Mr. J. B. Adams

2 - Mr. J. A. Mintz

(1-MI.J.B.Hotis)

DATE: May 14, 1975

I - Mr. W. R. Wannall

ep. AD In

Asst. Dir.:

Admin. _

Comp. Syst. -

Ext. Affairs —

Files & Com. _

Gen. Inv. -

Ident.

FROM

CREGAR

1 - Mr:

W. 0. Cregar

1 - Mr. S. F. Phillips

SUBJECT: SENSTUDY 75

• (krst)

Laboratory

Plan. & Eval.

Logal Coun.!

My memorandum to you 9/13/75 furnished highlights ters"—

information relating to an interview by a Senate Select Committee

(SSC) Staff Member of retired SA Alan G. Sentinella, as obtained

by Supervisor Seymor Fred Phillips of the Bureau's Senstudy 75￾

Special Project.

ATL INFORMATION CONTAINMIEMORI

HEREIN IS UNCLASSIFIED

BYS

-19-0

DA 76 .

At 11:20 a.m. 5/14/75 Sentinella telephonically contacted

Phillips from Atlanta, Georgia, and advised that he had been tele-

phonically contacted earlier on the morning of 5/14/75 by SSC

Staff Member Lester B. Seidel who had interviewed him 5/12/75.

Seidel told Sentinella that he is being subpoenaed to give sworn

testimony before an Executive Session of the SSC 9:30 a.M. Wednesday,

5/21/75. The testimony is to be given in Room G-308, New Senate

Office Building. In response to specific questions from Sentinella,

Seidel advised

Sentinella that he will be reimbursed expenses,

thạt

his presence will probably be needed for only one day, and that the

purpose is to essentially go over the material covered when Seidel

interviewed Sentinella 5/12/75. Seidel asked Sentinella who had

taken over the case concerning Levison (Stanley David Levison, former

consultant to Martin Luther King, JI., who was under Bureau investi-

gation because of his communist background) in Atlanta when

Sentinella left. Sentinella furnished Seidel the name of SA

Richard Hamilton.

REC-100

62-116390-748

Sentinella asked Phillips for

assistance of the nature he

received when he was interviewed; that is, someone from the Bureau

to render guidance relative to any sensitive areas that might be

touched upon.

He furnished the following as his talephone fumbers

in Atlanta, all area code 404.

Office:

658-216/

658-2198

658-2119

CONTINUED - OVER

Residence:

475-5327

62-116395

475-7816

1 - 67-432832 (Personnël File Former SA Alan G. Sentinella)

SFP:ekweKw

84 MAr 88) 1915

NW 88608 Docld:32989532 Page 16

---

## Page 17

'se

Memorandum to Mr.

W. R. Wannall

RE:

SENSTUDY 75

62-116395

In accordance with established procedure, Sentinella

was advised that he would be contacted by someone from the

Office of the Legal Counsel who will make arrangements for

à Bureau representative to be available for consultation

should Sentinella's testimony involve sensitive areas of

inquiry: Sentinella indicated his intention of arriving

in Washington, D. C., late in the afternoon or in the

evening of the day preceding his testimony.

ACTION:

Refer to Legal Counsel so that someone from that

Office may get in touch with Sentinella in accordance with

the foregoing.

gra

PuM

nu Sentialla

Osis

fearse.

fo34:5

276

tele, enter seen.

-2-

NW 88608 Docld:32989532 Page 17

---

## Page 18

ALL INFORMATION CONTATIDOF MORE

HEREIN IS UNCLASSIRIED

DATE

BYS

OPTIONIAL FORM NA. 10

MAY 1962 EDITION

5010-106

GSA GEN.

REG. NO, 27

UNITED STATES GOVERNMENT

Memorandum

Mr. J. B. Adams

FROM : W.

R. Wannall

SUBJECT:

SENSTUDY - 75

1 - Mr. J. B. Adams

2:- Mr.

J. A. Mintz

(I - Mr. P. V. Daly)

DATE: 5/16/75

1:- Mr. W. R. Wannall

1 - Mr. J..G. Deegan

1

- Mr.

R. I. Shackelford

1 - Mr.

W.

0. Cregar

1:- Mr. S. F. Phillips

Assoc. Dir.

Dep. AD As

Dap. AD

Asst. Dir.

Admin.

Comp. Syst. -

Ext. Affairs -

Files & Com. _

Gen. Inv. -

Ident.

Laboratory

Plan. & Eval. -

Spec. Inv. -

Training

Legal Coun.

Telephone Rm. -

Director Sec'y -

This informative memorandum is to report briefing of

Senate Select Committee (SSC) Staff Members on informant matters

by INTD personnel.

At the request of the SSC Staff, a briefing session

was held in my office from 8:50 a.m., to 10:50 a.m., 5/16/75.

Representing the SSC were Staff Members Mark Gitenstein and

Thomas Dawson.

In addition to myself, present from the INTD

were Deputy Assistant Director H. E. Helgeson, S. F. Phillips

Of SENSTUDY - 75 Staff, and Unit Chiefs E. P. Grigalus (IS-2

Section), and H. A. Newman, JI. (IS-1 Section) .

Also present

was Supervisor J. D. Miller of the Legal Counsel's Office.

SSC Staff Members had previously reviewed Sections

• 107 (Part I - Security Informants) and 130 (Extremist Informants)

of the Manual of Instructions and the purpose of the briefing

was to go over these Sections and answer the visitors' questions

and clarify doubtful areas.

Such matters as the following

were covered: Terminology regarding confidential sources,

potential security informants and security informants; means

for approving informants; payments to informants both

SAC approval and FBIHQ approval; converting of potential infor-

mants to informants; establishing reliability; assignment of

symbol numbers; distinction between permanent and temporary

symbol numbers; use of FD-401 for semiannual reports on infor-

mants; use of FD-405 for monthly and quarterly reports on

informants.

Also covered were:

Use of informants in COINTELPRO;

entrapment and agent provocateur aspects; movement of informants

between field office territories; channelizing memoranda; handling

of informants after determined to be unreliable; and inspectors!

role relating to informants at field level 02 116395-141

Mr. Gitenstein, who was

member of the SSC

team present, indicated satisfaction with the results of the

briefing and that all their inquiries had been answered.

He

made

H8 MAY 27 1975

62-116395

CONTINUED - OVER

5.

(9.)

84 MAY 2 7 1975

NW 86608 Docld:32989532 Page 18

---

## Page 19

i , -

Memorandum to Mr. J.

B. Adams

Re:

SENSTUDY - 75

62-116395

'a very cogent observation concerning the FBI's handling of

informants.

matters

the FBI. He stated that they had found the FBI as so much far

superior to other agencies that they considered the FBI as the

standard for all law enforcement. He cited specifically the

Finding that the Internal Revenue Service and the Bureau of

Alcohol, Tobacco and Firearms as very weak in informant

aspects.

It is believed that the visitors found the briefing

most productive, as they themselves stated that briefings

such as this one will be very helpful to the SSC in its worki

and promote friendly and businesslike relations between the

SSC and the Bureau.

ACTION:•

None. For information.

PLM

gia

- 2

NW 88608 Docld:32989532 Page 19

---

## Page 20

OPTIONAL FORM NO, 10

5010-106

MAY MADE EDILION

GS I GEN.

115., 10.77

UNITED STATE

OVERNMENT

Memorandum

* 70

:Mx. McDermott

DATE: 5/9/75

:J.C.

Hington

Select Committee. gihe

Santa

SUBJECT SENATOR

GARY HART (D-COLORADO)

REQUEST FOR FBI DATA ON HIM UNDER THE

FREEDOM OF INFORMATION ACT (FOIA)

Assoc. Dir.

Dop. AD Adin..

Dap. AD iny.

Asse. Dir.:

Admin.

Comp. Syst.

Exi. Alfairs -

Gen. lav.

Ident. co

Inspoction ..

Intoll. -pra

Laboratory

Legal Coun

Plan. & Eval.

Spec. lav.

Training

Teleptiona Rm.

Director See'y

ALL TNFARMATION CONTAINED# MOR 16

CIAISSVTONN SI DISHI

9/0/ BY SPE AM/ATG

DAzIA

We received this afternoon, 5/9/75, From Mrs. Süsan-M.

Hauser of the Deputy Attorney General's Office, the following

data:

1) informal note from Doug Marvin to the Deputy. Attorney

General re: Senator Hart's meeting with the Attorney General

5/6/75; 2) letter to Senator Hart by the Attorney General dated

5/7/75 advising that Hart's ofal request for access to his FBI

file will be treated as coming under the FOIA; and 3) a memoran

dum from for files dated 5/6/75 that appears to have been

dictated by the Attorney General in which he sets forth pertinent

information concerning his meeting with Senator Hari.

The Attorney

General points out. that he will treat Hart's oral request as

coming under the FOIA although

he did not know

whether the

Senator should in fact make this request in writing (actually,

the Code of Federal Regulations, of course, points out that FOIA

requests must be in writing).

According to the Attorney General's memorandum, Senator

Hart indicated that he was not trying to make a particular

point and

did not want to go to court, but rather felt it would

be helpful to members of the Senate Select Committee, who wanted

to do it, to see what an FBI file was like, and he felt that by

seeing his own file it would raise less problems than trying to

see someone else's file.

In view of the Attorney General's letter to Senator

Hart of 5/7/75 advising him that his oral request will be processed

under the FOIA, the FOIA Section will immediately institute the

processing of this request.

However, unless advised to the

contrary,

it is intended that Senator Hart's request will be put

in chronological ordes and will receive no special treatinent.

It

should also be noted that Senator Hart is under the mistaken

belief that as a Senator, and particularly as a member of the

Senate Select Committee,

he could receive an FBI file on a third:

62-116385-

I - Mr. McDermott - Enc.

Mck

1E6lir0!

10 1929

I - Mr. Mintz - Enc.

1 - Mr. Wannall - Inc.

Atten:

Mr. Cregar

138!

7nt* 80:

1 - FOTA

Section

Enc.

LEt®

JCF ::

gaw

CONTINUED - OVER

VEN CEOSURE

NW 88608 Docld:32989532 Page 20

---

## Page 21

J. C. Farrington to Mr. McDermott memo

Re: Senator Gary Hart

party and be allowed to look at it. This, of course, is not

correct and we would advise Senator Hart

the same as any other

requester making a similar request that we would need authori-

zation from the third party involved prior to releasing any data

we may have to the Senator.

Senator Hart is a new. Senator serving his first term.

He was the campaign manager of Senator McGovern's 1972

Presidental campaign.

RECOMMENDATION:

For information.

the Carmitte intes than see de

i waiting conditi the fa...

a count is incuted the i i"

- 2-

NW 88608 Docld:32989532 Page 21

---

## Page 22

OPIIONAL FORM'NO. 10

5010-106,

MÃY 1962 EDITION

GSA GEN. REG. NO, 27

UNITED STATES GOVERNMENT

Memorandum

MR. W. R. WANTALION

Assoc. Dir.

FROM

: MR.

We

SUBJEGT: SENSTUDY 75

1 - Mr. J. B. Adams

2 - Mr. J. A. Mintz

(1-Mx.P.V.Daly)

DATE: May 13, 1975

1 - Mr.

E. W. Walsh

1 - Mr.

W. R. Wannall

1 - Mc. W. O. Cregar

1 - Mr. S. F. Phillips

Assi. Dir.

Admin:

Compbsyst. _

Ext. Affairs —

Files & Com..

Gen. Inv.

Ident.

Inspe

Laboratory

Plan. & Eval.

Spac

lone Rm. -

This informative memorandum to record highlights of sey-

information relating to an interview by Senate Select Committee (SSC)

Staff Member of retired SA Alan G. Séntinella, as obtained by

Supervisor Seymor Fred Phillips of the Bureau's Senstudy 75

ALL TONPORRATTON SEEN DIEG

HEREIN IS UNCLASSIFIED

BYSS

DARE 1-19-01

Special Project.

Pursuant to Bureau instructions, Phillips went to Atlanta,

Georgia, to fulfill the request of Sentinella for the presence of

a Bureau Agent at the time Sentinella was to be interviewed on

5/12/75 by SSC Staff Member Lester B. Seidel.

Sentinella is presently

Safety Director, Georgia State University, Atlanta. He has been

retired from the FBI for about four years

and in the period around

1964-66 he did work on the investigation of Martin Luther King, Jr.,

and for a time, the King case as well as that of King's organization,

the Southern Christian Leadership Conference, was assigned to him.

Sentinella had been told in advance by Seidel that he was to be

interviewed concerning King and Levison (Stanley David Levison,

former consultant to King who was under Bureau investigation because

of his communist background) .

Phillips was in Sentinella's private office at 12:24 p.M.

when Seidel arrived. Sentinella explained to Seidel that after

Sentinella had agreed in a telephone conversation with Seidel 5/9/75

to being interviewed, he (Sentinella) contacted the Atlanta FBI

Office because Sentinella was concerned with the sensitivity of the

information he knew about King and Levison and wanted to protect

the confidentiality of his information and the Bureau's interests»

specially as pertaining to current investigations, sourcess

sentinella explained to Seidel that the fBl offeredto have an Agent

present, not to monitor the interview, but for consultation pusposes

should the interview reach into sensitive areas. Sentinella thus

accounted to Seidel for Phillips' presence.

At this points"phillips

reiterated the reasons given by Sentinella for the presence of

FBI Agent and Seidel was told that phillips' presence was definitely

62-116395

SFP ekw (9) @Kw

CONTINUED - OVER

1 - 67-432832 (Personnel File Former SA Alan G. Sentinella

Rut 8860d Bodd:589532 Page 22

---

## Page 23

Memorandum to Mr. W. R. Wannall

RE:

SENSTUDY 75

62-116395

not intended to have any chilling effect on Seidel's interview

and that Phillips was there only upon Sentinella's request and

for the purposes indicated. Phillips then retired to an adjoining

room.

Sentinella consulted with Phillips on only one occasion.

At about 1:45 p.m. .

he came to Phillips adjoining office; and

said that Seidel's current questioning was concerning the make-up

of the squad Sentinella was assigned to around 1965.

This squad

handled security, racial, and civil rights matters and Seidel was

apparently seeking information as to the parámeters of these types

of investigations and what they entailed. At this point Phillips

and orat tony enta the

joined Seidel and Sentinella and offered the following in possible

assistance to Seidel. Phillips explained that the various Sections

of the Bureau Manuals dealing with these types of investigations

had been made available to the SSC and insofar as the security

Sections were concerned, there was presently being processed at the

Bureau superseded Sections dating back to 1960 to be made available

to the SSC.

At this point Seidel stated he was not so much interested

in what the Manuals said but actually wanted Sentinella, to the best

of his recollection, to furnish names of individuals and organizations

under investigation in Atlanta during the pertinent period.

Sentinella refused to name any, stating that he had no idea as to.

what might be under current investigation or how his furnishing of

information now might affect current Bureau's interests.

Sentinella

also told Seidel that he, Sentinella, was not so naive as to

believe that his information might not appear in the press. Seidel

immediately said that he would furnish no information to the press.

Sentinella then said that he was not intimating that Seidel would be

responsible, but that the information might still be publicized and

that once Sentinella gave the information it fell completely out of

his control.. Seidel indicated that Sentinella might be required

through subpoena to testify before the SSC and be asked the same

question. Sentinella responded that his answer before the Committee

would be the same.

Phillips indicated to Sentinella that if he

desired to consult with Phillips concerning the names of any

investigations Sentinella recalled, Phillips would assist him by

indicating, if he knew, whether they were of current FBI interest.

Sentinella desired no such help and insisted to Seidel that he did

not desire to name the subjects of prior investigations. This inter-

lude in the formal interview lasted about 10 minutes after which

Phillips returned to the adjoining room.

-2 =

NW 88608 Docld:32989532 Page 23

---

## Page 24

Memorandum to Mr.

W. R. Wannall

RE:

SENSTUDY 75

62-116395

At 2:20 p.M. the interview ended and Phillips was

taken by Sentinella back into the latter's office where Seidel

said he was leaving and wanted to say good-bye. Phillips alluded

to the interview having been completed to which Seidel responded,

and these are to the best of Phillips' recollection, Seidel's

exact words, "Yes, you're not letting him give us the good

information." Immediately upon hearing this statement from

Seidel, Phillips interjected a strong protest by stating to Seidel

that neither Phillips nor the FBI was keeping Sentinella from giving

any information; that the FBI has not injected itself in Sentinella's

decision to give or not give information.

Seidel responded with a

statement to the effect that the result is the same -- Sentinella

is not giving the good information. Phillips again responded by

telling Seidel that irrespective of the latter's opinion, Phillips

wanted the record crystal clear that Sentinella has not been

counseled by Phillips or anyone else in the FBI as to what he

should or should not tell Seidel. Sentinella interrupted to

express his loyalty to the Bureau as well as his respect for

the confidentiality of his relationship with the Bureau and its

work. He told Seidel that he did not intend to be a talkative,

discontented former FBI employee as apparently : : are some of

the she himself consen tastes a distinenty atten by the

Bureau but that it had made him a better Agent and that it in no

way would influence his loyalty and responsibility to the Bureau.

Seidel then left.

After Seidel's departure, Sentinella stated it was his

personal desire to dictate a lengthy question and answer type

statement of the entire interview while it was fresh in his mind

as he had not taken any notes. He said he preferred

I to handle this

with his own secretary whom he trusts implicitly and has pledged

to maintain this information confidential: Sentinella advised that

he would have the typing of the statement completed the following

day and would immediately make a copy available to Atlanta SAC

DeBruler for transmittal to Bureau Headquarters. At Sentinella's

invitation, Phillips sat in on the dictation of practically the

entire statement as a means for Sentinella briefing Phillips on

the details of the interview. Instant memorandum is not intended

-3-

NW 88608 Docld:32989532 Page 24

---

## Page 25

Memorandum to Mr. W. R. Wannall

RE: SENSTUDY 75

62-116395

to summarize these details which will be forthcoming with

Sentinella's statement to be mailed to the Bureau. However.

one significant question asked of Sentinella should be noted.

During a discussion of electronic surveillances in the King

investigation, Seidel asked how other Agents felt about "illegal

use of taps."

Sentinella's response was that the taps were not

illegal and were put on only after approval by the Attorney

General.

OBSERVATIONS:

It is Phillips' view that Sentinella represents a

high caliber former Agent who is completely loyal to the Bureau •

and will apparently go to any extreme to maintain the confidentiality

of the work he did. He certainly could be described as a reluctant

witness if he is ever called to testify. He expressed personal'

concern that he might be called but hoped that his uncooperativeness

in some areas to Seidel's questions might discourage his being called.

Two incidents related above are very suggestive of a lack

of objectivity on the part of Seidel. The first concerns his

comment to Phillips about the FBI not letting Sentiñella give him

"good information."

To begin with, this was an unjustified allega-

tion: and Seidel was set straight immediately after his remark.

Secondly, the mere fact that Seidel is referring to "good" infor-

mation suggests itself that certain information fits their desires

and others does not. There appears to be a lack of regard for

merely securing the facts, regardless of what those facts might

lindicate. The second indicator of lack of objectivity was Seidel's

inquiry about "illegal use of taps." This question fits the

classic question of, "When did you stop beating your wife?"

'If the Committee is going to be asking questions like this one,

its objectivity is certainly subject to challenge.

As ex- or current employees volunteer to us results

of interviews

conducted of them by

the SSC, we will carefully

study them for, among other things, additional evidence of the

nature discussed above. If there is a continuation of this

line of questioning or other unjustified comments to Bureau

representatives, we will consider taking up with the Attorney

General the matter of possible protest to the SSC.

- 4 -

NW 88608 Docld:32989532 Page 25

---

## Page 26

Memorandum tö Mr. W. R. Wannall

RE: SENSTUDY 75

62-116395

RECOMMENDATION:

This memorandum is for the immediate information

of Bureau officials. When the detailed statement of Sentinella

is received, we will prepare an IHM for the Attorney General

with a copy for possible forwarding to Mr. James Wilderotter,

Associate Counsel to the President. This is the procedure we

have been following when former Agents have volunteered to us

the results of interviews of them by the SSC.

68

goo

pun

- 5 -

NW 88608 Docld:32989532 Page 26

---

## Page 27

-OPTIONAL FORM NO. "10

5010-106

MAY 2962 EDITION

GSA GEN. REG. NO. 27

UNITED STATES GOVERNMENT

Memorandum

Assoc. Dir.

TO

FROM

Mr. J. B. Adams

DATE: April 23, 1975

Admin.

Comp. Syst. -

Ext. Affairs

Files & Com. -

Gen. Inv. -

Ident.

Jaspection

Laboratory -

Plan. & Eval. _

Train in Fil

Training -

Legal Court i

Telephone Rm!:

Director Sec'y

5 FF

W. R. Wannallen

ALL INFORMATION CONTAINED

HEREIN IS INCTASSIFIED

SUBJECT:

SENSTUDY 75

DA 3_1-19-0/BYSP-2 ALm/71€

FORMER SUPERVISOR LISH WHITSON

ASSIGNED INTELLIGENCE DIVISION

Agent Whitson.

u on a dolamora cand

captioned as above submitted earlier today,

I advised you of a telephone call received 4/22/75 from former Special

He had called to advise that he had been requested

to appear for interview by Michael Epstein, staff member of the

'Senate Select Committee.

and

At 2:50 p.m. today (4/23/75) Mr. Whitson called at my office

said that he had just been interviewed by Mr. Epstein and was

desirous of reporting the results.

Epstein first asked Whitson when he entered the Bureau, when

he first arrived

for assignment at Headquarters, to what Headquarters

Division he had been

assigned, and when he retired.

Epstein then said

that he knew that Whitson had at one time mailed a package to

MrS. Martin Luther King from Tampa, Florida, and asked Whitson to

relate the details concerning this

matter.

Whitson thereupon told

him that in the late Summer of 1964 former Assistant to the Director

William C.

Sullivan had telephoned Whitson at his home one saturday/

and told him that former Director Hoover wanted Whitson to deliver

a package to Miami, Florida, by plane and on arrival at the Miamì

Airport to telephone Sullivan for further instructions. Whitson did

as directed and upon calling Sullivan was instructed to address the

package to Mx. Martin Luther King. Accordingly, Whitson had the

package weighed, put stamps on it, and addressed it to Martin Luther

King (not MrS. Martin Luther King

as Epstein had indicated). The

following day, Sunday, Whitson flew back to Washington.

The next day,

Monday, he informed Sullivan that his instructions had

been carried

out and Sullivan commented "Someday I will tell you about

REC-100

Epstein asked

him who had paid for the stamps

amps to m

package and Whitson said that he had probably done so utilizing per

diem money.

Epstein asked whether he had put a return address on the

package and Whitson replied in the negative.

Epstein asked if

• Whitson

had gone to the Miami Office, whether any Agent had met him at the

WRW: 1m1 (6)F

-

M• Adam.

18 MAY 27 1975

• Mr

- Mx. Cregar

1

- Mx. Wannall

1

- Personnel File of SA Lish Whitson (Out of Service)

8 4 MAY 2 7 1975

FIN 68608 Docld:32989532 Page 21

---

## Page 28

Memorandum to Mr. Adams

Re:

SENSTUDY 75

FORMER SUPERVISOR LISH WHITSON

ASSIGNED INTELLIGENCE DIVISION

Miami Airport, or whether Whitson had discussed this with anyone.

Whitson advised Epstein that he had not gone to the Miami Office,

that

no Agent had met him, and that he had discussed the matter only with

Sullivan.

At this point, Whitson asked Epstein how he got the story.

Epstein merely laughed and did not reply to the question.

The foregoing represents the information furnished to

Epstein by Whitson.

Whitson made the following additional comments

and observations.

When Sullivan told Whitson he wanted him to fly the package

to Miami, he stated that only he, Sullivan, Mr. Hoover, Mr. Tolson,

and Mr. Belmont knew of this situation.

Sullivan never did explain

to Whitson anything more regarding this incident.

Sullivan did during

Whitson's anniversary celebration in 1968 in Sullivan's office refer

to Whitson as "a real pro who knows how to carry out an assignment,"

and further commented that someday he would tell Lish about the

assignment to which he had referred in his remarks.

Whitson said that whan he arrived at the North Terminal

of National Airport, following Sullivan's telephonic instructions,

a young man who was

unknown to Whitson but who addressed him as

"Mr. Whitson" turned a package over to him which was wrapped in brown

paper and sealed with sealing tape. It is Whitson's recollection

the package measured approximately 8 inches by 8 inches by 1 inch.

It is Whitson's recollection that at the time the foregoing

occurred, Martin Luther King was either just about to go abroad to

receive the Nobel Peace Prize or probably had already gone abroad.

It was Whitson's further recollection that sometime shortly after

the mailing of the package Sullivan commented to Whitson that the

package had not yet been received by Martin Luther King. Because 0f

this remark, Whitson is of the belief that the package was mailed

to Martin Luther King at the headquarters of the Southern Christian

Leadership Conference and

not to Mr. King at the latter's home.

Further, it was Whitson's recollection that it

was not long after he

had mailed the package that Martin Luther King had a personal meeting

with former Director Hoover in Mr. Hoover's office.

Whitson stated that during the interview Epstein asked

Whitson if he had

ever written a memorandum regarding this matter, to

which Whitson replied in the negative.

He was also asked by Epstein

if he had ever seen a memorandum on this and Whitson again replied

in the negative. Whitson observed that in his opinion the information

which was in the possession of Epstein prior to his interview with

- 2-

CONTINUED - OVER

NW 88608 Docld:32989532 Page 28

---

## Page 29

1, 12

Memorandum to Mr. Adams

Re:

SENSTUDY 75

FORMER SUPERVISOR LISH WHITSON

ASSIGNED INTELLIGENCE DIVISION

Whitson

must have originated with W. C. Sullivan.

Whitson noted

that Mr. Hoover and Mr. Tolson are both deceased and that he has heard

nothing indicating Mr.

Belmont has been contacted by members of the

staff of the Senate Select Committee.

One other factor that causes

him to feel that Sullivan was the source of the information was a

question Epstein raised as to whether Whitson had put a return address

on the package when he addressed it to Martin Luther King.

Whitson

said he

recalls that when he was in Miami and received the telephonic

instructions from Sullivan, Sullivan told him that he should put a

return address on the package and Whitson pointed out that if he did

so and the name of the addressee became smeared the package would end

up at someone's return address rather than in the dead letter office.

Sullivan concurred that no return address should be used. Thus,

Sullivan would probably have reason to have commented regarding

the

use or nonuse of a return address.

Whitson stated that in the event he is called again to be

interviewed by anyone connected with the Senate Select Committee, he

intended to notify the Bureau beforehand and would appreciate it if

the Bureau would consider having someone present during the interview,

if this could be arranged, since he recognizes an obligation not to

reveal FBI information contrary to regulations issued by the Attorney

General. Appreciation was expressed to Mr. Whitson for his volun

teering the foregoing information.

This is the first instance which has come to our attention

indicating staff members of the Senate Select Committee are proceeding

with interviews of former Agents.

I have discussed this matter with

Mr. Mintz and he and I feel it would be appropriate to furnish an

abstract of the interview of Whitson by Epstein to the Ad Hoc

Coordinating Group of the Intelligence Community in order that

interested agencies will be aware of the procedures presently being

followed by the Select Committee and of the Committee's interest in

matters other than jurisdictional bases. All Committee requests to

us have thus far been confined to the latter.

ACTION:

If approved, an abstract will be provided for the records

of the Ad Hoc Coordinating Group.

WH (WILDEROTTENS)

доря

_ 3 -

suggest the abstract be

paraphrased to avoid disclasan

of the identity

of the addri..i

of the envelope,

gam

PIM

NW 88608 Docld:32989532 Page 29

---

## Page 30

1 - Mr. J. B. Adams

CODE

TELETYPE

URSENT

2-- Mr. E. W. Walsh

(1 - Movement)

TO SAC HENARK

FRON DIRECTOR FBI

(62-116395)

SHASTUDY 75

May 15, 1975

2 - Mr. J. A. Mintz

(1 - Mr. J. B. Hotis)

1 - Mr. W. R. Wannall

Lew 93

1 - Mr. W. O. Cregar

RaNUFAL MAX 2, 1975.

1 - Mr. S. F. Phillips

#MORIG

SECHITARIIS MARY ARM MASSA ANTO M. ANN MIERSITENSII OF YOUR

INFORMATION CONTAINED

FIED

BY SP2ALM

OFFICE HAVE BEEN REQUESTED TO APPEAR FOR INTERVIEWS UNDER OATH

BY TILL SENATE SELECT CONMITTES (SSC) AT 2 P.M., TUNSDAY, MAY 20,

ISINOLASSI

RELAT 20, 1975. YOU ARE TO ADVISE BOTH I AM WAIVING THEIR

ALI,

HERE

DATE 1-19-0

SMPLOYMINT AOREIMINTS CHLY TO THE EXTENT OF PSNNITTING THEIR

DISCLOSUNE OF INFORMATION RELATING TO DUTIES PERFORIED 9Y THEM

JULY - HAPTEMBER, 1964. IN CORNECTION WITH FRI HORK AT DEMO

CRATIC NATIONAL CONVENTION, ATLANTIC CITY. NEW JERSEY.

EMPLOYEES ARE TO REPORT TO J. S. HOTIS OR P. V. DALY OF

IBDAL COUMBEL'S OFFICS, ROCH 4513, JUSTICE BUILDINS, MITHEEN

I1 A.M. AND MOON MAY 20, FOR CONSULFATION PRIOR TO 2 P.".

APPEARANCES. TUX MAX PLAM TO RETUR TO WENARK SANE DAY. FRI

REPRESENENTVS ME, BE AVATATO, POR CONSUIRATZON DURINg NE

VIENS BUT WILL NOT BE PRESENT DURTIE

INTERVIEWS.

Assoc. Dir.

1

- 67-538691

• (Personnel file Mary Ann Massa)

• MAY 23 1975

Dep. AD Adm. -

1: - 67-581180

(Personnel file M. Ann Mierzejewski)

Dep. AD Inv. _

Asst. Dir.:

Admin.

SFP:PVD: eek

Comp. Syst. ii

(12)

SEE NOTE PAGE 2

Exr. Affairs -

Files & Com. _

FEDERAL BUREAU OF INVESTIGATION

Gen. Inv. _

COMMUNICATIONS SECTION

Ident.

Inspection

Intell.

MAY 9 6 1975

Laboratory

Plon. & Eval.

Spec. Inv.

Training

TELETYPE

Legal Coun.

Telephone Rm. _

274975041

TELETYPE UNIT

1gm

puM

MAY

Docld:32989532 Page 30

CPD 954-540

1925

---

## Page 31

PAGE THO

62-116395

ISSUE GIR'S FOR TRANSPORTATION AND TRAVEL VOUCHERS FOR

EXPENSES.

COUNSEL'S OFFICE.

DIRECT ANY QUESTIONS REGARDING THIS MATTER TO LEGALI

NOTE:

Referenced teletype advised all offices of procedures

to follow if present or former employees contacted by ssc for

interview.

These two secretaries were on a Special squad at

Atlantic City, New Jersey, in connaction with the Convention in

The Ssc Staff known to have already interviewed two former

Agents assigned to that squad. Instructions herein pursuant to

Mr. Mintz's direction.

E. Ao O. Schwartz, chier Counsel to the

Senate Select Committee advised that the Committee would reimburse

the employees" expenses incurred for transportation, etc..

relating to their testimony for the Commission

This matter has

been coordinated with I. Clyde Groover, of the Administrative

Division.

ENDI

NW 88608 Docld:32989532 Page 31

---

## Page 32

OPTIONAL FORM NO. 10

5010-106

MAY 1962 EDITION

GSA GEN, REG. NO, 27

UNITED STATES GOVERNMENT

Memorandum

Mr. J. B. Adams

FROM : Legal Counsel

SUBJECT

SENSTUDY 15

DATE: 5/9/75

crepare

Assoc. Dir. -

Dep. AD Adm. -

Dep. AD Inv. -

Asst. Dir.:

Admin.

Comp. Syst. -

Ext. Affairs

Files & Com. -

Gen. Inv. -

Ident.

Plon. & Eval. -

Diroctor Sec'y=

#MORI

ALI, INFORMATION CONTAINED

HEREIN IS UNCLASSIFIED

DATE 1-L9-0/ BXSP2FZT

At approximately 2:35 PM, Mr. Allen G.. Sentinella

telephonically advised that he retired from the Atlanta Office in

1971, and is currently employed at Georgia State University,

Atlanta, Georgia. Sentinella said he had just been contacted by

an individual who identified himself as Lester Seidel of the Senate

Select Committee. Seidel desires to interview Sentinella on Monday,

May 12th, concerning the Martin Luther King and Levinson cases.

Sentinella stated that while assigned to the Atlanta Office

he handled the dissemination of information received from informants

during our investigation concerning the communist infiltration of the

SCLC. Sentinella said he recalled very little concerning this

investigation and gave his assurances that he would not divulge any

confidential information.

Sentinella asked whether or not he should retain private

counsel and he was informed if he felt it necessary, he should do so.

He was further informed that his interview was entirely voluntarily

and he had no obligation to submit to interview. Mr. Sentinella gave

RECOMMENDATION: For information. e MAY 27 1975

1 - Mr. Adams

1 - Mr. Wannall

. - Mr. Creáger

1 - Mr. Mintz

1 - Mr. Hotis

RFO: mitm

(6)31

.SBA

it

SA Segnisers

xo be

in ateners

Terrees fors

ensorelation

reverter misers

4. MAY 2 7 1975 15"

NS 48608 Dold: 32999534 P2

7,0

---

## Page 33

OPTICAL FORM NO. 10

MAY 1962 EDITION

5010-106

GSA GEN, REG. NO. 27

UNITED STATES GOVERNMENT

Memorandum

Mr. W. R. Wannall

TO

FROM

:

MT.

J'. B. Adams

1 - Mr. T. J

• Jenkins

1 - Each Assistant Director

DALE: 5/19/75

1 - Mr. W. O. Cregar

Assoc. Dir.

Dep. AD: Adm

Asst. Dir:

Admint-

Comp. Syst. —

Ext. Affairs -

Files & Com. _

Gen. Inv. -

SUBJECT;

SENSTUDY - 75

ALL INFORMATION CONTAINED

FREIN IS UNCUASSIFLED

DATE L 119/01 BYSPZALM TE

Laboratory -

Plan. & Eval. _

Spec. Inv. _

Training -

Legal Coun.

Telephone Rm.

Director Sec'y -

Attached is a copy of a letter

to the Attorney General

dated 5/14/75, from Senator Erank Church, Chairman, U. S. Senate

Select Committee (SSC) with appendices A thru D.

Appendix A, entitled "Documents_ Pertaining to the

Committee's Prior Requests," consists of 10 requests most of

which have been already responded to or, in the instances of

requests numbers 4, 7, 8 and 9, are the

responsibility of the

Department of Justice. Item 6 has been previously referred

to the White House.

Appendices B, C, and D, contain numerous

"new" requests which are extremely broad in

their definition,

often ambiguous in meaning and contain many instances where

they seem to be parallel to and overlap previous requests.

On 5/16/75, a conference was held in the Intelligence

Division between representatives of the INTD SENSTUDY Staff and

Departmental representatives Messrs. Robert McDermott and

K. William O'Connor.

Mr. McDermott is on the staff of the

Deputy Attorney General and has been active in coordinating

SSC matters.

He is being replaced in this capacity on 5/19/75

by Mr. O'Connor, Deputy

Assistant Attorney General in the Civil

Rights Division.

Mr. O'Connor advised that the Deputy Attorney

General, Judge Tyler and White House representative James

Wilderotter were both greatly concerned about the requests

contained in the May, 14, letter.

were much too broad and placed much toogreat

Department and the FBI to be forthcoming.

that the requests clearly indicated an intention aftin3105s

gain access to FBI

"raw files" while not actually

this point.

In this regard you will note that Page 3 of the

May, 14, letter defines the SSC request for "memoranda

and other materials" as meaning 'all documents relating to the

subject matter requested and are to include (but are not limited

62-116395

EWL: cmc"

(17)

CONTINUED - OVER

5068

84 MAY 2 7 1975

NW 88608 Docld:32989532

Page 33

---

## Page 34

Memorandum to Mr. W. R. Wannall

Re:

SENSTUDY .- 75

62-116395

to) reports, letters, correspondence, airtels, LIMs, inserts,

executive conference memoranda, 302s, Assistant Director memos,

notes, routing slips, etc."

This letter, also on Page 3,

recognizes that the request is substantial but urges the

executive agencies to apply sufficient manpower and attention

to enable prompt responses. Prompt response is defined by the

Committee as having most of the material available within 10

and all of it shortly thereafter.

Mr. O'Connor advised

that he was aware that the imposition of such a condition upon

the responses created an impossible task. He advised that on

Monday, 5/19/75, he would contact SSC Chief Counsel F. A. O.

Schwarz calling

attention to this time factor and also the often

broad and ambiguous manner of many of the requests appended

to the May, 14, letter.

Mr. O'Connor hopes to negotiate these

requests as well as the conditions attached to the responses

by the SSC to the end that the requests are more narrowly

defined and that the deadline imposed by the Committee be

relaxed to

• a more realistic time frame.

Pending receipt of results of Mr. O'Connor's inter-

cession with sSC we are proceeding with an analysis of the sSc's

requests and attempting to separate components for specific

assignments to appropriate divisions within FBIHQ so that our

responses may be forthcoming in as coordinated and timely

a fashion as possible.

ACTION:

None.

For information purposes.

Euf

gna

NW 88608 Docld:32989532 Page 34

---

## Page 35

PHILIP A. HANT. MICK-

JOHN G. TOWER, TEXAS, VICE CHAIRMAN

HOWARD H, BAXER, JR., TENN.

WALTER F. MONDALE, MINN.

BAHRY GOLOWATER, A

WALTERO: HUDDLESTON, KY:

CHARLES MCC. MATH

P., MD.

ROBERT MOREAN, N.Ci

RICHARD S. SCHWEIK

GARY HART, COLO.

WILLTAM G, MILLER, STAFF DIRECTOR

FREDENICK A. O, SCHWARZ, JF., CHIET COUNSEL

CURTIS R 'SMOTHERS, MINORITY COUNSEL

Waited States

Bendle

SELECT COMMITTEE TO

STUDY GOVERNMENTAL OPERATIONS WITH

RESPECT TO INTELLIGENCE ACTIVITIES

(PURSUANT TO 5. RES. 21, MTH CONGRESS).

WASHINGTON, D.C. 20510

May 14, 1975

#FMOR16

ALL NET INTORIATION COUTATTO

D ALM/216

FIREMEN IS UNCE

DATHI -1,9-6

The Honorable Edward H. Levi

The Attorney General

Washington, D. C. 20530

Dear Mr. Attorney General:

The purpose of this letter is to review. with you the status

of the Select Committee's outstanding requests to your Department

and to set out several new areas in which the Committee is request-

ing either staff access to documents or copies of documents for its

on files.

In the matter of the outstanding requests the chronology is as

follows:

You will recall that I wrote to you on March 19, setting

out five areas pertaining to the FBI in which the Committee

was initially interested. Although we have had partial

compliance with the request, that process is not yet complete.

In addition, on April 21, Mr. Schwarz, Chief Counsel of

the Committee, met with the Deputy Attorney General about the

March 19 letter and about the establishment of liaison between

your Department and the Committee.

On April 23, Mr. Schwarz wrote to the Deputy Attorney

General a letter reflecting that meeting, clarifying the

March 19 request on the matter of intelligence techniques, and

intelle

making a further request pertaining to the Internal security

Division.

Mr. Schwarz also wrote the Deputy Attorney General and

the FBI Director a memorandum on April 30 requesting that

Committee staff members be permitted access to certain documents

falling within the scope of the March 19 request.

On April 28, I wrote to you concerning the so-called

"Official and Confidential" files of the FBI.

RECEIVED

OFFICE OF THE

ATTOR!EY GENERAL

MAY

15 1975

(ENCLOSE"

62-116395=142

NW 88608 .Docld:32989532 Page 35

---

## Page 36

-2-

The Committee has not yet received a formal response to those

letters. Appendix A sets out those documents which have not yet

been supplied to the Committee pursuant to the larch 19 letter

and follo-up, correspondence.

On the second matter, that is, the request for copies of adi-

tional documents (and for staff access to others), the Committee's

interest falls into roughly three areas pertaining to the activities

of the FBi and the Department of Justice:

First, the Committee has been made aware of additional

documents that are analogous to the background requests made

in the First Document Request. These documents are set out

as Appendix B.

Second, the Committee is concerned about several programs

or studies pertaining to specific intelligence or counter-

intelligence activities of

the FBI. S. Res. 21 specifically

requires the Committee to investigate "the conduct of domestic

counterintelligence operations against United States citizens"

by the FBI. Therefore, the Committee must conduct an exhaustive

investigation of the so-called "COINTELPRO" programs as well

as miscellaneous other incidents which have come to our attention.

S. Res. 21. also specifically requires the Committee to investi-

gate all aspects of the so-called "Huston Plan"

Further

requests pertaining to these matters are set out as Appendix C.

Third, we are interested in allegations pertaining to

electronic

surveillance generally, electronic surveillance of

the so-called "IT government officials and journalists" in

1969-71 by the FBI, electronic surveillance and other intelli-

gence activities directed at Dr. Martin Luther King, Jr., and

electronic surveillance and other intelligence activities at

the Democratic National Convention in Atlantic City, New Jersey,

in the summer of 1964. Requests pertaining to these subjects

are set out as Appendix D.

In setting out certain specific documents in the Appendices,

the Committee does not change its position that the original request

of March 19 was general in scope and designed to encourage the

Justice Department and the FBI to provide us with documents pertain-

ing to the legal authority and the policy and procedures of the FBI

which have not yet been brought to the attention of the Committee

and were therefore not specifically mentioned in any of its requests.

Furthermore, the Committee intends its requests to be generously

construed so that descriptive words used herein are meant in a general

NW 88608 Docld:32989532 Page 36

---

## Page 37

-3-

usage sense and not necessarily in the technical sere sai

Justice Department or the IBI. Thus, words sadi, i

?.i.

other materials" refer to all documents relici, in

matter requested and are to include (but in ivo

comes an idio ahe

letters, correspondence, airtels, Illus, inseris, exceuti cui.

memoranda, 302s,. "Assistant Director memos", notes, routing slips,

Where the response to a particular request would involve the

production of derogatory personal information about an individual,

please provide the document with such information deleted and consult. |

the Chief Counsel regarding procedures for access to the deleted

information which will protect individual privacy to the degree

consistent with the Committee's need to exercise its mandate.

We recognize, of course, that this is a substantial request.

But the mandate given to the Committee by the Senate is itself very

broad.

We are seeking to perform our duties under that mandate

expeditiously.

For us to do so, it. is necessary for the Executive

Agencies to apply sufficient manpower and attention to our requests

to enable prompt responses. We hope that you will have a schedule

for response promptly, have nost of the material available within

10 days, and all of it shortly thereafter.

The Committee also asks to be advised at once whether the

specific documents presently outstanding from the March 19 request

(see Appendix A, items 1, 2, 6 and 7) will be provided.

Sincerely your

Hand hunch

Frank Churcl

Chairman

NK 88608 Docld: 32989532 Page 31

---

## Page 38

Appendix A

DOCUMENTS PERTAINING TO THE COMMITTEE'S PRIOR REQUESTS

#MDR16

ALL MEL IMORAMON CONTATTED

Please provide:

1.

FBI Intelligence Division memorandum dated July 31

1972; prepared by T. J. Smith discussing the legal

authority for FBI intelligence activities.

2.

The following attachments to the February 1975 FBI

Intelligence Division position paper on legal authority:

a.

Memorandum by former FBI Director Hoover, dated.

April 28, 1965, relative to conversation with the

President concerning effect of anti-Vietnam

demonstrations upon the conduct of United States

foreign and defense policy and letter to McGeorge

Bundy, Special

Assistant to the President for

D.

C.

a.

ties Relative to United States Policy of Vietnam"

dated April 28, 1965.

Letter to McGeorge Bundy, Special Assistant to.

the President for National Security Affairs, dated

July. 25, 1961, enclosing memorandum concerning

United States internal security programs under the

control of the Interdepartmental Intelligence Com-

mittee, memorandum prepared in response to White

House request.

• Excerpt from report. on the Status of the Internai

Security Program of the United States as of June

By the intended rument 2 Intelligence xen lotetly

and the Interdepartmental. Committee on Internal

Security.

Excerpt from report on the Internal Security Pro-

gram, dated March 5, 1954, prepared by Interde-

partmental. Intelligence Conference and the Inter-

departmental Committee on Internal Security.

62-116-395-148

NW 88608 Docld:32989532 Page 38

---

## Page 39

- 2 -

÷ 4.

e. .

Memorandum from J. Patrick Coyne, Nationa: Secu-

rity Council Representative on Internal Security,

dated November 6, 1950, concerning necessary intel-

LIgence measures relative to violence by ruerto

Rican nationalists.

3. All other FBI documents relating to paragraph I oi the

Committee's March 19 request. (Note:

It is the

responsibility of the Bureau to produce all responsive

material whether or not the Committee has identified.a

specific document.)

All documents in the possession of the Justice Depart-

ment (as opposed to the FBI) relating to paragraph I

:of the Committee's March 19 request.

(Note:

It was

made clear on April 21 and 23 that the request applied

to the Department itself, but no material has been re-

ceived to date.)

•All memoranda of the FBI and the Justice Department

discussing the legal authority of the FBI to use the

following techniques to (1) investigate internal secu-

rity matters, (2) collect intelligence information,

and (3) engage in counterintelligence activities (see

letter from the Chief Counsel to the Deputy Attorney

General dated April 23, 1975):

All forms of electronic surveillance, including

consensual electronic surveillance;

b.

All forms of mail surveillance, ineluding mail

covers and opening mail;

c..

a.

e.

f..

•surreptitious entry;.

All forms of physical surveillance, including agent

infiltration, observation, photography, and remote

viewing and

sensing devices;

Informants, including possible entrapment, provo-

cation, interference with lawyer-client relation-

ship, or other problems;

Obtaining bank, credit, or other personal informa-

tion;

NW 88608 Docld:32989532 Page 39

---

## Page 40

- 3 -

g. Incommunicado interrogation;

h: Maintenance of files and records;

1. Dissemination of information from files and récords;

•J. So-called "COINTELPRO" techniques and methods, in-

cluding all forms of organizational "disruptin,"

6.

The Special Report of the Interagency Committee on

Intelligence (Ad Hoc), dated June 1970.

7.

The original report on COINTELPRO activities prepared

by the Committee headed by Assistant Attorney General

Henry Petersen.

8. Committee staff access to all memoranda and other mate-

rials pertaining to the policies and procedures of the

Internal Security Division (now Internal Security Sec-

tion) and the Intelligence Evaluation Committee, includ-

ing, but not limited to, the following materials dis-

cussed in the letter from the Chief Counsel to the

Deputy Attorney General dated April 23, 1975:

a'.

"The files of the Intelligence Evaluation Com-

mittee ('IEC'), including former Assistant Attorney

General Mardian's IEC files, which we understand

were made available to the Senate Subcommittee on

Constitutional Rights.

We would also like to see

any IEC or ICIS files

of Justice (now Judge) Morrell

Sharpe, Deputy Assistant Attorney General John

Doherty, Mr. Bernard Wells, and Assistant Attorney

General

William Olson.

b. "The small box of classified document receipts

which we understand is in the IC file cabinet.

C.

"Any intelligence estimates prepared by the IEC,

particularly E 28.

a.

"Any requests for Interdivision Information Unit

('IDIU') computer printouts made by the Special

Litigation Section, the IEC, or the Analysis and

Evaluation Section.

NW 88608 Docld:32989532 Page 40

---

## Page 41

-

e.

"An organization chart of the Internal Security

Divis.on before its 1970 reorganization, aftex

its 1970 reorganization, and after its 1973 merger

with the Criminal Division.

fº.

"A copy of the analysis of grand juries convened

and prosecutions commenced by the Special Litiga-

tion Section which we understand was furnished to

the senate Subcommittee on Cor--icrtid.mrmio

on May 8, 1974. "

9..

Response to the letter from the Chairman to the

Attorney General dated April 28, 1975, regarding the

•so-called "Official and Confidential"

files.

10.

Further response to the memorandum from the Chief

Counsei to the Deputy Attorney General and the FBI

Director dated April 30, 1975, regarding Committee

staff access

to materials on FBI policies and proce-

dures.

-NW 88608_DocId:32989532 Page 41 .

---

## Page 42

Appendix B

FURTHER DOCUMENTS PERTAINING TO THE FBI

AND DEPARTMENT OF JUSTICE •

#MOR 16

ALL NOI NJECERLATICN CORTEAJETED

I. Policies and Procedures:

Please provide:

1.

Committee staff access to all indices and control

files

pertaining to:

a. All SAC memoranda and SAC letters for 1960 to the

present.

b.

All programs operated by the Intelligence Division

for 1960 to the present.

2.

Committee staff

access to all so-called "O" files or

• other general policy files with respect to each file

classification routinely used by the Intelligence Divi-

sion for the period 1960 to the present.

3.

'All general policy memoranda and other materials not

already provided the Committee pertaining to internal

security, intelligence collection, and/or counter-

intelligence matters, operations, and activities for.

•4.

For each of the techniques described in Item 5 of

Appendix A above, all memoranda and other materials

relating to:

a.

The original decision to utilize the technique in

internal security, intelligence. collection, and/or

counterintelligence matters, operations, or

activities.

The policies and procedures of the FBI for the

utilization of the technique in internal security,

intelligence collection, and/or counterintelligence

matters, operations, or activities.

NW 88608 Docld:32989532 Page 42

62-116391-142

---

## Page 43

4

5.

Committee staff access to annual inspection reports

and related surveys for the past ten years with

respect to the following FBI field offices: New. York

City; Chicago; San Francisco; Los Angeles; San Diego;

sacramento; Springfield, Illinois; Buffalo; Atlánta;

and Columbia, South Carolina.

6.

The annual inspection reports and related surveys for

the past ten years pertaining to the FBI Intelligence

Division.

7.

Guidelines used by the FBI Inspection Division for

inspecting field offices and for inspecting divisions

of the FBI.

8.

A sample of the confidentiality statement which bBI

personnel are required to sign along with any other

employment agreements currently in use.

II. Organization, Structure, and Jürisdiction

Please provide:

9. All memoranda and other materials pertaining to the

origins, contents, and implementation of National Secu-

rity Action Memorandum 161, June 9, 1962.

10.

The June 1964 memorandum from Attorney General Robert.

Kennedy to President Johnson recommending new FBI pro-

cedures for gathering intelligence about the Ku Klux

Klan and related activities.'

11. All memoranda and other materials pertaining to the.

origins, contents, and implementation of the memorandum

described in Item

10 above.

12..

All memoranda prepared by former Special Agent James

Gale relating to the FBI internal

assignment of juris-

diction or responsibility with respect to matters

involving the Ku Klux Klan in 1964.

13. All memoranda and other materials reflecting meetings

and

contacts between the President and the Director of

•the FBI during 1971 on the subject of "legal attaches."

NW 88608. Docid: 32989532 Page 43

---

## Page 44

-3-

III.

14.

All memoranda and other materials reflecting meetings

and contacts during 1971 between officials of the FBI

and officials. of the Department of State on the subject:

of "legal attaches"

15.

All memoranda and other materials relating to the

• elimination of the FBI Crime Recorco Dividdi

1972 or early 1973.

Indices

Please provide:

16. Committee staff access to the foilowing indices for the

period 1960 to the present:

a.

"Agitator" index;

"Rabble. Rouser" index;

C.

"Key Activist" list;

d. List of "Action Groups";

e.

"Security" index;

I. "Administrative" index;

§- All similar indices, lists, or computer printouts.

17.

All memoranda and other materials pertaining tọ the

origin, implementation, operation, or termination of

any of the indices

set

out in Item 16 above.

NW 88608 Docld:32989532 Page 44.

---

## Page 45

Appendix C

DOCUMENTS• PERTAINING TO THE "HUSTON PLAN", COINTELPRO,

AND OTHER PRACTICES AND PROGRAMS

#MORIG

ANTONY CORTRATED

I. •Huston Plan and Related Developments

ALER

Please provide:

1.

All memoranda and other materials pertaining to

the FBI's termination in 1966 of the investigative

techniques referred to in President Nixon's state-

ment of May 22, 1973 (Presidential Docs. 693-94).

2.

A letter dated June 20, 1969, from Tom Charles

Huston, staff assistant to the President, to the

Director of the FBI concerning resources

targeted toward the monitoring of foreign communist

support of revolutionary youth

United States, effectiveness of such resources,

gaps in intelligence, and steps which should be

taken to provide maximum coverage.

3.

4.

5.

6..

7.

The response by the FBI to the letter set out in

Item 2 and all other FBI memoranda and other mate-

rials pertaining to the correspondence.

The interdepartmental Action Plan for Civil Dis-

turbances, dated April 1, 1969, and all memoranda

and other materials pertaining to the origins and

implementation of that Plan.

All memoranda and other materials pertaining to a.:

request from Tom Charles Huston for an FBI inves-

tigation of the involvement of the New Mobilization

Cómmittee in violent demonstrations in November

1969.

All memoranda and other, materials pertaining to.

FBI policies, practices, and procedures for liaison

with the CIA

from 1960 to May 1970.

→..

All memoranda and other materials relating to the

1969 disappearance of Associate Professor Thomas

Riha, University of Colorado, insofar as such memo 17a

randa and materials relate to:

NW 88608 Doclấ:32989532 Page 45

62-16 395-142

---

## Page 46

- 2 -

I.

a. Efforts of the FBI to ascertain the identity

of confidential sources of the Central

Intelligence Agency; and

b.

Inspections and administrative inquiries rc-

•lating to the disclosure of intori

Dr. Joseph R. Smiley, then-Presiduu di vic

University of Colorado.

8. All memoranda and other materials relating to

actions by the Director or any other official of

the FBI severing liaison (formal, informal, or

other) or terminating contact (formal, informal,

or other) between personnel of the FBI and person-

nel of the Central Intelligence Agency.

9.

All memoranda and other materials reflecting con-

versations or communications, during 1970, between

agents of the FBI and the FBI Director on

subject of liaison or contact between personnel

of

the FBI and personnel of the Central Intelli-

gence Agency, including, but not limited to, all

memoranda and

other materials written by former

Special Agent Sam Papich.

10. All memoranda or other materials relating to the

elimination of the Liaison Section of the FBI

Intelligence Division in 1970 and relating to the

re-establishment of the Liaison Section in late

1972 or early 1973.

.11. All memoranda and other materials prepared or com-

piled by FBI personnel assigned to the Interagency

=-1970.

12.

Letter from FBI Director Hoover to Attorney General

Mitchell dated July 27, 1970, regarding the "Huston

Plan"

13.

All memoranda or other materials pertaining to

meetings or conversations between FBI Director

Hoover and Attorney General Mitchell from July 23,

Plan through July 28, 1970, concerning the "Huston

NW 88608 Docld:32989532 Page 46

---

## Page 47

- 3-

14. All memoranda and other materials in the posses-

sion of the FBI pertaining to the activities of

the Intelligence Evaluation Committee.

•15.

:A11

memoranda and other materials pertaining to

the decision by Assistant Attorney General Henry

Petersen to terminate the Intellizence Evaination

Committee on June 11, 1973. Further documonüs.

regarding the Intelligence Evaluation Commitice

were requested in the letter of the Chief Counsel

to the Deputy Attorney General dated April 23,

1975.

See Appendix A, Item 8.)

II. COINTELPRO

• Please provide:

1 16.

Summaries of COINTELPRO case files prepared by the

FBI for the Committee chaired by Assistant Attorney

General Henry Petersen (see prepared statement of

Attorney. General William Saxbe before the House

Judiciary Committee on November 20, 1974).

17.

All memoranda and other materials pertaining to

the origin and implementation of all COINTELPRO

programs, including, but not limited to, the seven

programs set out in

the airtel from the

FBI

entitled

"Counterintelligence

Internal Security - Racial Matters.

18.

Committee staff access'to a list of all FBI head-

..:.: :. quarters supervisory personnel involved in the.

origination, implementation, and termination oi

each COINTELPRO program.

19:

All memoranda or other materials reflecting approval

or knowledge öf any COINIELPRO program by any govern-

ment official outside the FBI including, but not limited

to, any Attorney General Member-öf. Congress, or President.

NW 88608 Docld:32989532 Page 47

---

## Page 48

-4-

20.

A list of any COINTELPRO type activities i: dazine:::

the prepared statement of autorney tonsi d faxoe

the House Judiciary Commitius en Foverona 261

were engaged in by the FBI subsequeni so lori äu,

aira

did jan.

III.

Other Specific FBI Practices and Programs

21. ' An itemized description of the contents of each.

file folder in the so-called "Official and Con-

fidential"

files of the FBI (see testimony of

Attorney: General Levi before the House Judiciary

Committee, February 27, 1975).

22.

All memoranda and other materials contained in

the "Official and Confidential" files pertaining

to internal security, intelligence collection,

and/or counterintelligence matters, operations,

or activities including, but not limited to, the

following documents:mentioned by the Attorney

a.

b.

C.

"Policy Matters" -- "Presidential directives

regarding the role of the FBI in the security

field; conversations between Mr. Hoover and

a President-elect regarding the role of the

FBI in his forthcoming Administration; letters

to and from the White House regarding expan-

sion of FBI legal attache posts abroad".

"Administrative Matters" -_ "Memoranda regard-

ing an Attorney General's

decision with respect

to supervision of the fBI by an Assistant

Attorney General; a memorandum concerning the

briefing of the President by Mr. Hoover and

the Attorney General with respect to certain

intelligence activities by hostile nations

within the United States"

"Reference Material" -- "A compilation of data

concerning the 1964 riots"

NW 88608 Docld:32989532 Page 48

---

## Page 49

-5-

23.

d.

"Protection of sources or sensitive informa-

tion" - "Materials on FBI counterintelligence

activities; technical devices and techniques;

the telephone surveillance involving sensitive

coverage in the national security area".

All memoranda, files, or other materials, includ-

ing inspection reports or related surveys, which

pertain to the following statement by Attorney

General Levi in his testimony before the House

Judiciary Committee, February 27, 1975:

". . . In order to consider what measures may be

appropriate, we have endeavored to characterize

the types of abuse to which the Bureau has been

susceptible in the past.

a.

"Use of the resources of the FBI to gather

political intelligence. Our review disclosed

a few documented instances in which the Bureau

at times during the course of an election

campaign was requested to provide - and did

indeed provide - information which could be

used as political intelligence information.

In one instance, this involved a check of FBI

files on the staff of a campaign opponent.

b.

"Improper use of the FBI in connection with

the political process. In a few instances

recorded in Bureau files, an incumbent Presi-

dent caused the FBI to gather intelligence

relating to a political convention under cir-

cumstances that although cast in legitimate.

law. enforcement terms could - and some would

say should - have been suspected of being

politically motivated.

C .

"Use of the FBI to report on. certain activi-

ties of critics of an Administration's policies.

:The FBI files document a few instances in whịch

an incumbent President caused the Bureau to

report on certain activities of Members. of

Congress who were opposed to and critical of.

his policies.

NW 88608-Doeld:32989532-Page-40÷

---

## Page 50

- 6 -

d.

"Use of information in the FBI files to

respond to or discredit. critics.

Again, the

Bureau files document a very small number of.

instances in which derogatory information

legitimately obtained by the Burcau was

seminated to other members of the Executive

Branch-to enable them to disorcat uno.

• critics.

e. ."Use of the FBI in connection with other

legitimate law enforcement activities.

There,

was one documented instance where the

FBI was

used to conduct an inquiry for what might be

described as political purposes, relating to

an investigation properly conducted by other

Executive Branch officials."

24. All memoranda and other materials reflecting con-

versations,.contacts, or communications between

the FBI and

the CIA

on the subject of the estab-

lishment or creation of "notional" Marxist-

Leninist organizations within the United States.

25.

A11 memoranda and. other materials reflecting activi-

ties of any agents, employees, or informants of the

FBI in connection with:

a..

The establishment, creation, or financing of

"notional" Marxist-Leninist

organizations with-

in the United States.

b: The establishment, creation, or financing of:

(1) The Red Star Cadre, or Red Star Swap Shop;

"26.

All reports prepared by the Office of Criminal

Justice of the Department of Justice pursuant to

the request in September 1974 of the Attorney Gen-

eral and/or Deputy Attorney General pertaining to

the so-called "Wounded" Knee." case and any other

so-called "political trial" or other prosecutions

brought by the Special Litigation Section of the

Internal Security Division.

NW 88608 Docld:32989532 Page 50

---

## Page 51

÷7=

27.

28.

29.

30:

All memoranda or other materials prepared by the

FBI relating to the reports

described in Item 26.

All memoranda and other materials. pertaining to

the origins and conduct of the FBI investigation

a co other.

in the Dominican Republic in 1965.

All memoranda and other materials pertaining to

the origins, implementation, and termination oi

Project INLET, involving preparation of an Intel-..

ligence Letter for the President.

The current office assignment or last known address

of the following persons who in 1970 were employed

at the Portland,

Oregon, office of the FBI:

a.'

Leo B. App

•b.

Edgar 0. Ingles, JI.

NW 88608.Docld:32989532 Page 51

---

## Page 52

APPENDIX D

EmORIO

REQUEST PERTAINING TO ELECTRONIC SURVEILLANCE

ALL NEL MIFORIEAMION CONTATAIHD

4118-07%

Please provide the Committee:

1. "Manual for the Conduct of Electronic Surveillance"

2. All memoranda and other materials relating io the mintenülice

and operation of the so-called "ELSUR" electronic surveillance index.

3.

Committee staff access to a list of all warrantless electronic

surveillances, identified by subject and target, which were instituted

or operated by, for, on behalf of, or at the request of the FBI, from

January 1, 1960, until the present.

4. A list of all electronic surveillances, identified by subject

and target, of the so-called "Kissinger 17".

5. A list of all electronic surveillances, identified by

subject and target, which were instituted or operated by, for, on

behalf of, or at the request of, the FBI, and which intercepted and/ or

monitored any conversations of Martin Luther King, Jx.., at any time

between January 1, 1960, and April 5, 1968.

6.. With respect to each surveillance listed in response to

numbers 4 and 5, please provide:

(a) the address of the premises surveilled, and the number

of the telephone surveilled;

•(b) a generic description of the surveillance technique

employed;

(c) all memoranda and other materials reflecting written

or oral authorization and re-authorization by the President,

the Attorney General, the Director of the FBI, White House

officials, or National Security Council officials;

(a) ' a list of all memoranda and other materials reflecting

dissemination outside the FBI of information from each surveil-

lance, stating author, address(s); and dates, together with the

purpose of such dissemination.

T. All memoranda and other materials which:

(a) relate to intelligence activities at or in connection

with the Democratic National Convention in Atlantic City, New

Jersey, in August 1964;

_ NW 88608 Docld:32989532 Page 52

62-116395

142

---

## Page 53

2

(b) relate to electronic surveillances of telephones

and/or premises at 2414 Atlantic Avenue and/or the Clairiage

Hotel in Atlantic City, New Jersey, during August 1954.

8. Committee staff access to all memoranda and disco andoridio

reflecting the identities of persons monitored,

conversations

monitored, and/or any information ri::

conversations

nonitored on the surveillances dusti

9.

Copies of all memoranda and other materials relating to via

préparation, dissemination, and/or witharawal of all monographs con-

cerning Martin Luther King, Jr., not to include the monographs themselves.

LO. All records, vouchers, travel authorizations, expense

receipts, ticket stubs, governmental travel requests (GIR's), and

any other documents which relate to travel by:

(a) Former Special Agent Lish Whitson from Washington, D.C.,

to Tampa or Miami, Florida, during 1964;

(b) Former Special Agents Cartha DeLoach, Hobson Adcock,

Don Manning, Harold Linebaugh, and Elmer Todd fxom Washington,

D.C.,. to Atlantic City, New Jersey, during August 1964;

(c) Former Special Agent William C. Sullivan from

Washington, D.C., to Atlanta, Georgia, during 1964.

11. The current office of assignment or last known adress of

the following persons who, in 1964, were employed at the Newark, New

Jersey, office of the FBI:

(a) Robert L. Tagg

(b) John B. Meade

(c) Billie D. Williams

(2) John J. Creamer, Jr.

of

(e)

John J. Connolly

(f) Marjorie Ann Miermejewski

(g) Mary Ann Mass

The last known address of the following former Special Agents

ABI:

NW 88608 Docld:32989532 Page 53

---

## Page 54

3

(2)

Harold Linebaugh, who in 1964 was employed at FBI

headquarters;

(b) Elmer Toda, who in 1964 was employed at. the

Washington Field Office.

13. The nanes and current office assignments or last

known addresses of all FBI employees assigned to the U. S. Embassy

in Rome, Italy, in 1964.

14. SAC letter 64-11 captioned "Protection of the President";

and February 28, 1964, communication from FBI headquarters to FBI

field, offices supplementing and/or relating to the same subject.

15. All July and August memoranda from former Special Agent

Leo I. Clark to the Assistant Special Agent in Charge or the Special

Agent in Charge of the Newark, New Jersey office of the FBI,

captioned "Protection of the President - White House Inquiry"

16. All memoranda and other materials containing the results

of any administrative or other inquiry undertaken by the FBI as a

result of and/or relating to the allegations contained in the

January 26, 1975, issue of The Washington Post concerning activities

of the FBI in Atlantic City, New Jersey, in August 1964.

17. All memoranda and other materials reflecting written

or oral authorization and re-authorization by the Attorney General

and/or the Director of the FBI for electronic surveillance of

Joseph Kraft.

18. The current office assignment or last known address

of the following persóns who, in 1969-70, were employed at the

Washington, D.C., office of the FBI: •

(a) Robert Kunkel

(b) Courtland Jones

(c)

Ernest Belter

(a)

James Gaffney

19.

The current office assignment or last known address

of the following persons who, in 1969-70, were employed at FBI

headquarters:

(a)

Joseph A. Sizoo

•(b)

Michael Joseph Rozamus

(a) Bernard A. Wells

(e) Robert Haynes

(c)

Sterling Donahue

NW 88608 Docld:32989532 Page 54

---

## Page 55

4

20. The current office assignment. or last known address of

Al or Alan Miller who, in 1964, was employed at the lülanta, Georgia

office of the FBI.

21. With respect to each occasion on which the Director of

the FBI testified before the House Appropriations Committee from 1965

until the present, please provide the number of warrantless

electronic

survelllances in operation:

(a) on the date of such testimony;

Io) thirty days prior to such testimony; and

(c) thirty days subsequent to such

testimony.

NW 88608 Docld:32989532 Page 55 .

---

## Page 56

50613a fev. 3-21-73)

Intelligence Division

INFORMATIVE NOTE

Date

May 13, 1975

Attached is a teletype from the

Newark Office advising that former SA

John Patrick Devlin has been requested to

appear before the Senate Select Committee

(SSC) in Washington, D. C., 5/19/75 to be

interviewed "for the record.

By memorandum dated 5/8/75 we advised

the Attorney General that Devlin had been

interviewed

by Staff Members, SSC, and

furnished him an IHM covering the thrust

of this interview.

Responsive to Devlin's request, we are

telephonically advising him through

the

Newark Office to contact the Bureau's

Legal Counsel regarding arrangements for a

representative from the Bureau to accompany

him on the 5/19/75 appearance before the

SSC.

/1 - Mr. Mintz

4o ment

havers, 4-15-75

K WOC: ekw

IL INFORMATION CONTAINED

(EREIY, IS LUCLASSIFIED

DOJ/FBI

NW 88608 Docld:32989532 Page 56

---

## Page 57

Assoc. Dir. -

NRIDO2 AX CODED

/NO: 10PM NITEL 5/21/75 VAN

FEDERAL BUREAU OF IIVESTIGATION

GOMMUNICATIONS SECTION

MAY 201. 1975

Dep.-A.D.-Admae

Dep.-A.D.-Inv.-

Asst. Dir.:

Admin.

Comp. Syst. -

Ext. Affairs

TO DIRECTOR (62-116395)

'УРЕ

Files & Com.

Gen. Inv. ..

Ident.

FROM ALEXANDRIA (62-217) (RUC) 1 PAGE

Inspection

SENSTUDY 75

Laboratory

RE ALEXANDRIA TELETYPE TO BUREAU, MAY 3, 1975. 124-78

Plan. & Eval. -

Spec. Inv. -

Training -

Legal Coun.

FORMER BUREAU AGENT HAROLD P. LEINBAUGH, 1168 WIMBLEDON DRIVE one B -

Ditector Seg'y

MC CLEAN, VIRGINIA, CONTACIED ON MAY 20, 1975, IN ACCORDANCE WITH

BUREAU INSTRUCTIONS. LEINBAUGH STATED HIS FEELING AT PRESENT IS

THAT HE WILL REFUSE TO BE INTERVIEWED BY STAFF MEMBER OF CONGRES-

SIONAL COMMITTEE BUT IN EVENT HE CONSENTS TO INTERVIEW AND SENSITIVE

MATTERS ARISE, HE WILL REQUEST PRESENCE OF BUREAU AGENT OR CONTACT

LEGAL COUNSEL AT FBIHQ.

END

HOLD FOR ONE

UNI

03

EMAH FBIHQ ACK FR ONE

F.

16

FIVe

MATED

ATE INTOPMAITON C

PARTIN LE USCZASTINIED

FAR:1/19/0/185P-2 HEM/LTE

41632

REC-100

62-1631-141

13 MAY 27 1975

Riwsson Dold 589532 Page 57

---

## Page 58

GO MUNICATIONS SECTION

1 1 41975

Assoc.

Dir.

Dep.-A.D. -Adme

Dep.-A.D.-Inv..=

Asst. Dire!

Admin, li

Comp.

syst.

Eist. Affairs

Trilos & Com..

Gon. Inv..

Ident.

1090101

Ini-retury

Plan. & Eval -

Spee. Inv. ..

Training

Legal Cuun.

Telephone Rm. -

Dirpetor Sec'y

DR 0D6 NK PLAIN

N5:37PM NITEL MAY 12, 1975 JCG

TO DIRECTOR (62-116395)

FROM

NEWARK (66-3971)

FMDR16

AIT, IMFORMAITON CONTAINED

MRLASSINICO

D140 NSP-2 A1K/16

SENSTUDY 75

RE RTEL CALL TO BUREAU TODAY.

FORMER SA JOHN PATRICK DEVLIN CONTACTED THE NEWARK OFFICE

MAY 12, 1975, AND ADVISED HE WAS REQUESED TO APPEAR BEFORE

THE SENATE COMMITTEE AT 2:00 P.M., IN WASHINGTON, D.C., ON

MONDAY, MAY 19, TO BE INTERVIEWED FOR THE RECORD. AS THE BUREAU

IS AWARE, DEVLIN HAS BEEN PREVIOUSLY INTERVIEWED REGARDING HIS

KNOWLEDGE OF THE TECHNICAL SURVEILLANCES CONDUCTED DURING 1964

DEMOCRAIIC PARTY NATIONAL NOMINATING CONVENTION, ATLANTIC CITY,

Noda

DEVLIN ADVISED THAT HE WOULD LIKE SOMEONE FROM THE BUREAU

TO ACCOMPANY HIM TO THE INTERVIEW BY THE SENATE COMMITTEE STAFP•

BUREAU IS REQUESTED TO ADVISE NEWARK, FOR TRANSMITTAL TO DEVLIN,

INFORMATION CONCERNING WHOM HE SHOULD CONTARE 107

BUREAU CONCERNING

-140

THIS REQUEST.

102-61/4

END

16 MAY 27 1975

"PLS ACK FOR (5)

8 4 MAY 2 7 1975

/ 88608 Noclo: 2989537 Page 50

---

## Page 59

TO

OPTIONAL FORM NO, 10

0l0e09

MAY 1962 EDITION

GSA GEN. REG. NO, 27

UNITED STATES GOVERNMENT

Memorandum

: Mr. W. R. WannaliNtalle

FROM

W.

o. cregar jito

SUBJECT:

(SENSTUDY - 75/

IT

1 - Mr.

1 - Mr.

W.

W.

DATE: 5/21/75

R. Wannall

0. Cregar

Assoc. Dir. _

Dap. AD Adm. _

Dep. AD Inv. -

Asst. Dir.:

Admin..

Comp. Syst. -

Ext. Affairs -

Filos & Com. _

Gen. Inv. -

Ident. _

Inspection

Intell. -

Laboratory -

Plan. & Eval. -

Spoc. Inv. -

Training

Lagal Coun. -

Telaphone Rm. _

Director Sec'y _

On 5/15/75, Senate Select Committee Staff Members

Mark Gitenstein and Thomas Dawson reviewed Manual of Instructions

Sections 107, Part I, relating to security informants and Section

130 relating to extremist informants.

The review took place from

3:50 p.m. to 5:40 p.m. in the conference room at INTD.

SA

Elmer W. Larson of SENSTUDY - 75 project was present during the

review.

Gitenstein and Dawson asked several questions Con-

cerning administrative and technical clarifications but

raised no substantive questions concerning the sections under

review.

ACTION:

None.

For record purposes.

62-116395

#MOR16

ALL INFORNATION CONTAINED

R86109 62-116395-139

16 MAY 23 1975

ПТИЬИ INREATA

V-UUTS

8 4 MAY 2 3 1975

NW 88608 Docld:32989532 Page 59

---

## Page 60

ALL TITFORVATION CONTAINED

HERDIN IS UNCLASSIFIED

Adams

Cleveland

food food food ford

ит .

Mr.

Gebbardt

hir.

Wannall

May 16,

1975

BE LIAISON

1

tr.

Cregar

1

ит .

Flemister

-

st. Crescioli

ther

Qv

Mr. Laltian 3. Cotter

Chier Postal

Inspector

U. 5. Fostal Service

Mashington, D. C.

Dear B111:

instudy,

= 75

the Seneto Select Connittea has recently made a request

of your Service to Lurnish the identities or all FBI

mall covers placed since 1060.

In rier of the fact that such information

directly relates to the investigative responsibilities

of this Bureau,

it is requested that you advise the

Senate Select Committee that such a request should 20

made to the FOE through the oifice of the Attorney General.

Four cooperation in this matter ie sincerely

Bypreciated.

sincerely fours,

Clarence H. Kelley 1s

Director

MAY

27 1975

Farassis

ORIGINAL FILED IN

LAC: too

NOIS:

captIOned

nemorandun Flenister to Wannall dated 5/15/75,

"Mail Covers:"

prepared by LAC:edp,

Assoc. Dir.

Dep. AD Adm. -

Dep. AD Iny. -

Asst. Dira:

Admin..

Comp. Syst. -

Ext. Affairs _

Files & Com. -

Gen. Inv. -

Ident. -

Inspection

Intell. -

Laboratory

Plun, & Eval. -

Spec. Inv.

C67-i16375

Training -

Legal Counc

Telophone Pm. -

Diructor Sac'y --

MAIL ROOM L -

TELETYPE UNIT L

8 4. MAY 2 7 1975

NW 88608 Docld:32989532 Page 60

NOT RECORDED

en MAY 2YE 1975

---

## Page 61

OPFIONAL FORMNO, 10

5010-106

MAY 1962 EDITION

OSA GEN. REG, NO, 27

UNITED STATES GO

ERNMENT

Memorandum

TO

Mr. W.R. WannalI Wah

FROM : H.C. Elemister, dr 1

1

Mr.

Mr.

Adams

Cleveland

Mintz

DATE:

1

5/15/75

1 - Mr.

Gebhardt

1

Mr.

Wannall

Mr. Cregar

- Mr. Flemister

- Mr. Crescioli

SUBJECT: MAIL COVERS

FEMORIG

ME, TIDORKATION CONTAINED

I MUTIT IS UNCLASSIFIED

BY SPa

b.1151/22/0)

S

This is to advise of recent request by Senate

Select Committee (SSC) that U. S. Postal Service (USPS)

furnish to the SSC the identities of all mail covers placed

by the FBI since 1960.

On 5/14/75 Mr. Ron L. Jackson, Assistant Chief

Inspector, Office of Security Investigations, USPS, adised

Liaison Officer L.A. Crescioli that Mr. Paul

Wallach, staff

member of the SSC, has requested USPS to furnish the

identities of all

FBI mail covers placed with the USPS since

1960.

According to Jackson, Chief Postal Inspector William J.

Cotter has informed Wallach

of such detailed information and that the SSC should there-

fore make this request directly to the Bureau. Mr. Jackson

requested that the FBI consider directing a communication

to Chief Cotter, pointing out that the Bureau does interpose

an objection to

the USPS complying with above request and

that the SSC should proceed directly to the FBI in this

regard.

OBSERVATIONS:

The request for the identies of all FBI mail covers

since 1960 in effect provides the SSC with the identities

of the subjects of FBI investigations, which includes some

extremely sensitive cases.

The intelligence community in

attempting to work out guidelines with the ssc as to

sensitive areas of inquiry have indicated that specific

targets of ongoing intelligence operations should be subject

to negotiation between the SSC staff and the appropriate

agency.

The Intelligence Division believes that we should

take a strong stand in this instance and attempt to negotiate

an accommodation which would allow the SSC to carry out its

mission but yet not compromise ongoing FBI sensitive ITs

tigations.

62-116 395-18 MAY 21975

NOT RECCORF PUED - OVER

BLE MAY Z6 1975

Masoc. Dir..

Dep. AD Adm. -

Dop. AD Inv. -

Asst. Dir.:

Admin.

Comp. Syst.—

Ext. Affairs

Filos & Com. -

Gen. Inv.

Ident.

Ins pestio

Tita

Laboratory

Plan. & Eval. -

Spec. Invei

Training

Legal Courtes

Tolophone-Rm.

Director Sed

ORIG

CAAL FILED IN

Enclosure Ser

5-20-75

84 MAY 2 7 1975

NW 88608 Dold 32989532 Page 61

+6: 61-116395

---

## Page 62

125.

-===

Memorandum to Mr. W.R. Wannall

RE: MAIL COVERS

==.:

RECOMMENDATION:

That the attached letter to Chief Postal Inspector -

Cotter be sent via Liaison, advising him of the proprietary

interest of FBI concerning specifics of its requests to USPS

for mall covers and that under the third agency requirement

the SSC should make its request for such data

to the EBl

through the office of the Attorney General:

LAC

per

gra

22

NW 88608 Docld 32989532 Page 62

---

## Page 63

OPTIONAL FORM NO, 10

3010-106

MAY 1962 EDITION

OSA GEN, REG. Ni ?7

UNITED STATES GO

ARNMENT

Memorandum

Assoc. Dir.

TO

Vir. J. B. Adams

DATE:

5/15/75

FROM : Legal Counsel

1sst. Dir.

dmin

Comp. Syst. —

Ext. Affairs -

Files & Com. -

Gon. Inv. -

Idant.

Inspection.

Intell. -

Laboratory -

Plan. & Eval. -

Spoc. Inv..

SUBJECT: REQUEST OF HARRY H. WACHTEL ON

BEHALE OF ESTATE OF MARTIN LUTHER

KING, JR., CONGRESSMAN ANDREW YOUNG,

Telephone R

DIradtor So

AND DELEGATE WALTER E. FAUNTROY

-75

Sens tudy wy memorandum of March 19, 1875,

Moris f34

My memorandum of March 19, 1975, reported discussions

with the attorney for the estate of Dr. Martin Luther King, Jr., Who

also represents Mrs. Coretta King and her children. It was clearly

indicated that Mrs. King and her children were concerned about invasion

of personal privacy that might occur should there be disclosure of inquiries

concerning the FBI investigation of Dr. Martin Luther King, Jr. At the

INFORMATION CONTAINED

conclusion of our conference with the King representatives, Assistant

EIN K UNCLASSIFIED

B'SPINEM

Attorney General Scalia asked me whether I would be willing to agree to

have Mr. Wachtel notified in the event a congressional committee requested

access to such material in Bureau files. I told him that I saw no difficulty

in the Department advising Mr. Wachtel in the event such a request is made

by a committee of the Congress. The Senate Select Committee on Intelligence

Activities has initiated inquiries concerning the Bureau's investigation of

Di. King and though they have not as yet requested material from our files

$ which may contain tapes of electronic surveillance of Dr. King, it is likely

that their inquiry will reach the stage where such demands will be made.

6076

Therefore, in response to the requests made by Mr. Wachtel

- representing Mrs. King and in response to inquiry by Assistant Attorney

General Scalia, it is my view that we should advise the Department of the

nature of the inquiry currently being ma'e by the Senate Select Committee

and to suggest thai they may wish to notify the representatives of the King

estate and Mrs. King for whatever action they may deem appropriate

Enc. - Serd

20-2562-116395-

SE MAY 2'

1975

1 - Mr. Wannall

NOT RECORDED

1 - Mr. Moore

1 - Mr. McDermott

1 - Mrs. Metcal

1 - Mr. Hots

1 - Mr. Mintz

JAM:mid (8)

Records-Plate,

46 MAY 27 1975

FUNNINTE

EC Mn 62-116325.

CONTINUED - OVER

8 4 MAY 2 7 1975

NW :88608 Docld:32989532 Page 63

---

## Page 64

Request of Harry H. Wachtel, etc.

RECOMMENDATION:

That attached memorandum to the Attorney General advising

him of the concern of the King family and of the request that they be

advised of congressional inquiries be approved and sent.

gon

pur

- 2 -

*NW 88608-Docld: 32989532 Page 64

---

## Page 65

ALL INFORMATION CONTAINED

"*EREIN IS UNCLASSIFIED

6076

The Alterney General

May 18, 1975

1 - Mr. Wannall

Directas, 9El

1 - Mr. Moore

1 - Mr. McDermott

1 - Mrs. Metcalf

RECUASE CY BARST E. VACHISE ON

1 - Mr. Hotis

1 - Mr. Mintz

MINS; JB., CONGREATIAN ANDRES POUNG,

AND DE UCATE WALTER S. FAUTRO

de, study -'25

esce cn Bareh 10, 1020, Farry &. Vacked

atorey regressating the caata of Dr. Maria Itess Rieg, Jr.,

20rs. Coreta Fing, and bor Midraa, aceompaniod by Coogresamas

Anteow Tong ana Cistis el Colarin Delegade Walter 2. Vacatroy,

advioed ropronewatives e tan AMornay Guassal and the FBi of tudo

grent concer for the palracy of Lisa. Hing and bes staliren.

tasy

sere concornod last lagulalos into an investigation suadastod loy the

NEto Fe. Marin Wunes Tag, Jr, Could roveaì latorication of e

donocatery aoturo coneraing Dr. Ring.

Jasy nicated an latarco?

a amortablez apropriate measures to Mirali the passissity of pable

tacitaure el assoginny infosmation tat may to prodagod ag e eusalt

cê inalaios ana as tioso tané saigos ba mado by the Dezate Seloot

Cammitteo on Intelligaene Letivision and roquested last they vocia bo

daviso obcula enca inquiries ba tade by a comminee el Congraas.

Intsequent to that mouting, loo DEl Lad loarant tant le

la an extert do covalos picarastion cocessag as Fil icycaligados cá

De. Marido Intero Ling, de. Basion ci 283 face, tats maice ta bolag

Eroogie do yoar aléredien la onuco luat you may determino visat antion yoa

Loul i3 aupreguinte la serenas to toa roguante rendo by 10r. Dasticl os

eliteen, and teo casa of Cr. Marta Ialor

JE», widea segusada peso joloed 8a by Congresanna Sedrow Icong

Assoc- Dis-_

Dop. AD Adm. -

Dep. AD Inv. -

Asst. Dito:

Admin _

Comp Syst. -

Ext. Afiairs

Files & Com. -

Gen. Int. -

Ident.

Inspection —

Inteli

Laboratary.

Plan-& Eval._

Spoc- frar. -

Training -

Legaltout.c

Teloplass Ro. -

Diroctor Sor"y -

SEE NOTE PAGE 2

JAV:mfd

(12)

MAIL ROOM L

N4Bsd6di1X04d. 1975532 Page 65

TELETYPE UNIT

51825.

62-1863955

NOT RECORDED

663JEH

got

30 1975

ORIGINAL, FILED IN

1040-10606

---

## Page 66

The Attorasy Gsasral

and Delegate Falter E. Tauntroy, The T'SI noild lave no objection

should you decide ta advise far. Machtal that the current laguiny by

the Senate Relect Committeo on Intelligenes Activitles concerna the

I El Investigntion of Dr. Martin Luther King, de.

I - Tho Depaty Alterasy General

I - Asclotant AGoraoy General

Olico ei Legal Counsel

NOTE: Based on memorandum Legal Counsel to Mr. Adams,

. 5/15/75, captioned as above, 2AM:mia.

NW 88608 Docld: 32989532 Page 66

---

## Page 67

TO

OPTIONAL FORM NO. 10

MAY 1962 EDIZION

9010-100

GEA GEN.

REG. NO. 27

UNITED STATES GOVERNMENT

Memorandum

:MR. W. R. WANNALL

CREGAR

FROM

• SUBJECT

1 - Mr.

N. P. Callahan

1 - Mr. J. B. Adams

1 - Mc. T. J. Jenkins

DATE May 12, 1975

1 - Mr. J. A. Mintz

1 - Mr.J.

B.

Hotis

1 - Mr. W. R. Wannall

1 - Mr. W. O. Cregar

SENSTUDY 75

Assoc. Dir. -

Dep. AD Adm. -

Dep. AD Inv. -

Asst. Dir.:

Admin,

Comp. Syst. _

Ext. Affairs

Files & Com..

Gen. Inv.

Ident.

Laboratory -

Plan. & Eval.

spec. Inv

Training DI

(

This memorandum reports the telephonic contact

between former Assistant to the Director John P. Mohr and

Mr. Jenkins at which time Mr. Mohr furnished additional information

i the morning of 5/9/75...

In reconstructing his interview on the morning of 5/9/75

by Staff Members Mark Gitenstein, Thomas Dawson and Lester B.

Seidel, Mr. Mohr recalled them asking if he knew who prepared the

"surreptitious letters" the Bureau sent in the Socialist Workers

Party case. Mr. Mohr advised the Staff Members that he did not

know but he presumed somebody in the Document Section of the

Laboratory probably prepared these licits. (

62-116375-138

As reported in my memorandum of

5/9/75, members of the

Staff Committee are hoping that Mr. Mohr will be able to arrange an

interview of Miss Gandy by members of the SSC providing Mr. Mohr

AIL INFORMATION CONTAINED

HEREIN IS UNCLISSITIM

1O/EYS*

19

DATE /

is present.

In this regard, Mr. Mohr desired some guidance as to

what he could tell Miss Gandy if Staff Members asked her for the

names of individuals, appearing in the official and confidential

files of Mr. Hoover.

Mr. Mohr was telephonically advised on the

afternoon of 5/12/75 by Cregar that the Bureau could not give him

any advice as to what he could tell Miss Gandy recognizing that

whatever he told Miss Gandy was strictly between the two of them

and not of concern or interest to the FBI. It was further pointed

out to Mr. Mohr that neither he nor Miss Gandy should feel under

ny obligation to report to the bureau what Miss Gandy decided 2

his regard as well as what she might tell the Staff of the SSi

during her forthcoming interview by them on 5/15/75 MAY 2.3 1975

On the occasion of Cregar's call to Mr. Mohr on the 1

afternoon of 5/12/75 Mohr recalled that he had told Staff Members

of the SSC Miss Gandy had turned over to Mr. Felt the official and

confidential files amounting to one-half a file drawer. Mr. Mohr

in speaking with Miss Gandy subsequent to his interview on 5/9/75

learned the official andeconfidential files turned over to Mr. Felt

62-116395<w

WOC: ekw (8)

CONTINUED - OVER

NG 6860 Dold. 31879532 Page 67

---

## Page 68

Memorandum to Mr.

W. R. Wannall

RE:

SENSTUDY 75

62-116395

by Miss Gandy amounted to one and one-half file drawers. Mohr

subsequently advised Mr. Gitenstein of this correction.

Additionally, Gitenstein desired to know whether an itemized

list of the official and confidential files was made and if so,

where the list was.

Mohr told Gitenstein that he was sure a

list was made (subsequently confirmed by Miss Gandy) and that

the list accompanied the official and confidential files.

In addition to the above, Mohr advised that Gitenstein

asked about a requirement of all Bureau employees to turn over

any confidential files in their possession ordered by Mr. Hoover

following the revelation that former Assistant to the Director

Sullivan had turned over certain confidential files to former

Attorney General Mardian. Mohr advised Gitenstein that Mr. Hoover

had in fact levied such

a requirement on Bureau employees and

that all confidential files were to be turned over to Mr. Felt

along with a memorandum explaining the nature of these files.

Gitenstein asked Mr. Mohr where these memoranda would be filed.

Mohr responded by saying he presumed they were confidential

memoranda and would have gone with the confidential files turned

over to Mr. Felt by any Bureau employee maintaining such files.

ACTION:

For information and record purposes.

genies

stepan, a runter to unfor

in cribein

+277-5713/351

• 2 -

NW 88608 Docld:32

298

532 Page 68

---

## Page 69

TO

FROM

SUBJECT

OPTIONAL FORH NO. 10

* MAY 1902 EDITION

5010-106

GSA GEN. REG. NO. 27

UNITED STATES GOVERNMENT

Memorandum

MR. W. R. WANNAILUN

MR.

SENSTUDY 75

1 - Mx. N. P. Callahan

1 - Mr. J. B. Adams

1 - Mr. T. J. Jenkins

DATE: May 9, 1975

1

- Mr.

J. A. Mintz

1 - Mr.

J. B. Hotis

1-

Mr.

W. R. Wannall

1 - Mr. W. O. Cregat

Assoc. Dir.

Dep. AD Adi

Dop ADuliv

Asst. Dir:

Admini

Comp. Syst. _

Ext. Affairs -

Files & Com. -

Gen. Inv.

Ident.

ins pestle

Intel!!

Laboratory

Plan. & Eval. -

Spec. Inv.

This memorandum reports the results of a meeting

between former Assistant to the Director John P. Mohr and repre-

sentatives of the Staff of the Senate Select Committee (SSC) on the

morning of 5/9/75.

Memorandum Legal Counsel to MI. J. B. Adams dated 5/5/75

recommended that a. Bureau representative be available for consulta-

tion by Mr. Mohr during the time Mr. Mohr is being interviewed by

staff Members of the SSC 5/9/75. REC100 602-116395-137

Prior to Mr. Mohr's interview by the Staff of the SSC,

Section Chief William O. Cregar met with him. Mr. Mohr was advised

that should representatives of the Staff pose any questions to him

which could lead to the identification of sensitive sources,

sensitive methods of FBI operations or material derived from other

U. S. agencies or foreign governments, he could decline to answer

such questions until he had an opportunity to consult with a Bureau

ALL INFORMATION CONTAINES

HEREIN IS UNALASSI

FIED

of the SSC get into these areas of inquiry, he would captainis

consult with Cregar prior to responding.

DATE L

Following our arrival at the New Senate Office Building,

Mr. Mohr and Cregar were met by Staff Members Mark Gitenstein,

Thomas Dawson, and Lester B. Seidel.: As we proceeded to the

office where the interview was to be conducted, Mr. Gitenstein

referred to a previous conference he had with Assistant Director

Wannall at Quantico on 5/5/75 at which Mr. Cregar was present.

Gitenstein observed that this meeting had proved very, very

beneficial and that he believed that future personal contacts

between members of the Senate Select Committee Staff and the FBI

could prove useful and allow the SSC Staff to better understand

how the FBI was administered at Headquarters.

62-116395

WOC: ekwe kw

(8)

.. CONTINUED - OVER

NOW 48666Y. 1%989532 Page 69

---

## Page 70

Memorandum to Mr. W. R. Wannall

RE:

SENSTUDY 75

62-116395

The interview of Mr. Mohr began at approximately

10:20 and was concluded at 12:30 p.m. 5/9/75. Mr. Cregar,

who was available in an adjacent room, was not called and

following the interview, Mr. Mohr assured Mr. Gregar that

no sensitive areas were

addressed by the Staff Members.

Mr. Mohr did indicate that the Staff Members were in possession

of FBI documents dealing with the Socialist Workers Party as

well as documents obtained by Mr. Carl Stern under the Freedom

of Information Act (these are our COINTELPRO. documents which we

were obliged to provide Stern under the FOI). No substantive

questions were directed to Mr. Mohr regarding these documents

but apparently were used to permit Mr. Mohr to identify who

might be the final authority in approving these documents.

As an example, Mr. Mohr noted that in reviewing a sample of

these documents, he voiced the opinion Document A probably

would have been approved by an Assistant Director whereas

Document B might have received the approval of the Director.

Mr. Mohr was unable to identify precisely what documents he

was shown.

It was quite apparent from the interview that the

Staff of the SSC was trying to understand how the flow of

mail proceeded in the FBI under Mr. Hoover's directorship.

A classic example of the Staff Members' confusion was their

inability to distinguish between an SAC letter from a letter

to all SACs. Mr. Mohr attempted to clarify this confusion on

behalf of the Staff Members. With regard to SAC letters, the

Staff Members asked if there was a file on all SAC letters.

Mr. Mohr advised he was not quite sure whether there was a

single file containing all SAC letters.

Members of the Staff also asked Mr. Mohr about his

securing of Mr. Hoover's office after Mr. Hoover's death.

Mr. Mohr told the Committee that the articles which appeared

in "The Washington Star" by columnist Jeremiah O'Leary was

an

accurate recording of his securing of Mr. Hoover's office.

Nevertheless the Staff Members desired that Mr. Mohr go over

in considerable detail exactly how he did secure Mr. Hoover's

office following his death.

- 2 -

NW 88608 Docld:32989532 Page 70

---

## Page 71

.

Memorandum to Mr.

RE:

SENSTUDY 75

62-116395

W.

R. Wannall

The question of Mr. Iolson's will did arise.

Mr. Mohr advised that Hillory Tolson had not decided whether

he was going to contest the will. According to Mr. Mohr, he

recently had lunch with Hillory Tolson at Mr. Tolson's request

at which time Hillory Tolson suggested he was not going to

contest the will. However, Mr. Mohr had not seen any documentary

evidence of Hillory's decision in this regard.

Finally, the Staff Members asked if Mr. Mohr knew

the whereabouts of Miss Gandy or at least her telephone number.

He told themhhe did know herewhereabouts and telephone number

but promised her he would not reveal

them.

Mr. Mohr was asked

whether Miss Gandy would be available for interview. Mr. Mohr

advised the Committee that he would attempt to persuade her

to be interviewed providing he, Mr. Mohr, was allowed to be

present during the

entire interview. The Staff Members inter-

posed no objection to that arrangement and Mr. Mohr indicated

to Mr. Gitenstein that he would advise him of Miss Gandy's

desires regarding an interview under the conditions stipulated

above.

Prior to the onset of the interview with Mr. Mohr,

Cregar asked Gitenstein whether a decision would be forthcoming

from the SSC regarding the interviews of former employees of the

intelligence community by Staff Members of the SSC.

Gitenstein

stated the the Committee had no problem with the FBI and that if

The White House would not interfere he felt satisfactory arrange-

ments between the FBI and the Select Committee could be worked

out regarding future interviews of former FBI, employees.

The

›thrust of Mr. Gitenstein's comment as well as his genera.

lemeanor during the meeting suggested the Start felt they coulc

work closely with the FBI to the satisfaction of both parties.

ACTION:

For information and record purposes.

- 3 -

NW 88608 Docld:32989532 Page 71

---

## Page 72

OPTIONAL FORM NO. 10

MAY 1962 EDITION

5010-106

GSA GEN. REG. NO. 27

UNITED STATES GOVERNMENT

Memorandum

Mr. J. A. Mint 20m/052

FROM

: Mr. W. R. Wannall

SUBJECT CONGRESSIONAL TESTIMONY

DATE: 4/14/75

Assoc. Dir. _

Dep. AD Adm. -

Dep. AD Inv. -

Asst. Dir.:

Admin. -

Comp. Syst. -

Ext. Affairs

Filos & Com. -

Gen. Inv. -

Ident. -

Inspection -

intell.

Laboratory

Plan. & Eval. -

Spec. Inv. -

Training -

Legal Coun. -

Telephone Rm. _

Director Sec'y -

an Intelles nei

Sew135

Reference Mr. Heim memorandum to Mr. Moore dated 4/10/75,

enclosing edited version of paper entitled Dissertation on Procedures for

Opening, Closing and Maintaining Domestic Security Cases in Pending Status."

INTD has no objection to the edited version.

ACTION:

Legal Counsel Division review edited version for legal considerations.

Tote

ALL: Vb

add

(6) N

1 - Mr. J. A. Mintz

1 - Mr. D. W. Moore, Jr.

1 - Mr. W. R. Wannall

1 - Mr. A. B. Fulton

1 - Mr. A. L. Lacey, Jr.

AL, EPAS TO CORRIE

CHREIN IS UUCEASSIYIED

DAR 111901 SP-2 ALIG

REC2062-116395-136

3

'fittered

NW

88608

14MAY

Docld:32989532

Page 72

---

## Page 73

TO

/ FROM

:

SUBJECT:

OPTIONAL FORM NO. 10

3010-106

MAY 1962 EDITION

GSA GEN.

REG. NO. 37

UNITED STATES GO

NMENT

Memorandum

Mr.

DATE: 4/10/75

Mr. Heim

LSH

CONGRESSIONAL TESTIMONY

Intelligere:

Ser134

Reference W. R. Wannall to Adams memorandum

dated 4/1/75, and captioned as above which submitted

a proposed statement for congressional testimony

concerning the opening, closing, and maintenance of

domestic security cases in pending status.

Division was to review the statement from a stylistic

standpoint.

The statement has been reviewed along these

lines and edited.

?

Assoc. Dir. _

єр. А

Asst. Dir.:

Admin.

Comp. Syst.

Ext. Affairs

Files & Com. -

Gen. Inv. -

Ident.

Inspection

Intell, -

Laboratory .

Spoc. Inv.

Training

Legal Coun.!

Telophone Rm

Director Sec'y —

RECOMMENDATION:

That attached edited version of the aforementioned

statement be forwarded to Intelligence Division for review

and approval and then submitted to Legal Counsel Division

got then to

for its review and approval.

Enclosure

MA get

1 - Mr. Mintz - Enclosure

1 - Mr. Wannall - Enclosure

Titan lte

IDH/ JAH: 1tw (6)

2 - ENCLOSURE

FimDe16

ATI INFORMATION CONTAINED

HAREIN IS UNCLASSIFLED

DATE 1 - 19-0)

REG 26

#161 116395-133

& MAY 13 1975

54. HAY 27 1975

NW 88608 Docld:32989532 Page 73

---

## Page 74

W74.2-15

3

CANIVINOO :

9/70 W#

19V

REVa

DISSERTATION ON PROCEDURES FOR

OPENING, CLOSING AND MAINIAINING

DOMESTIC SECURITY CASES IN PENDING STATUS

FBI authority to investigate domestic security

cases is derived from numerous criminal statutes and

Presidential Directives and Executive Orders concerning

internal security and employee loyaliy matters. Procedurally,

the Bureau opens, continues, and closes such cases on

the basis of these legal considerations.

Upon receipt of a fadc situation from any

of a myriad on sources, an Agent must necessarily nake

a judgment as to whether this situation appears to fall

within che acope of FBI jurisdiction.

More specifically, domestic security investigations

are initiato& when allegacions clearly indicate a person,

either as an individual or as a nembex of a group, acts

to unlawfully alter the Government in violation of the

Smith Act, the Rebellion of Insurrection Statute, the

Seditious Conspiracy Statute, or other related enactments.

Special emphasis is placed on those engaged in violent

furtherance of such illegal aots. A full investigation

continues so long as those indications of illegal activity

crist.

When allegations do not clearly indicate

that activitios on the part of an individual fall within

this jurisdictional area, self-imposed rogulations require

that a "preliminary investigation" be conducted. This

inquiry consists of obtaining infornation from establishco

sources (such as records maintained by police departments,

local governments, and private agencies); informants;

publio source information; and

These invosti-

gations are limited to 90 days during which an honest

effort is made to distinguish as soon as possible between

Legitimate political activity and illegal acts. It

more than 90 days are required to resolve this question,

authority to exceed this period must be obtained from

FBI Headquarters.

In secking this extension, a full

statement must be made of the allegation, the jurisdictional

authority involved, and facts that appear to justify

the continuance.

Assoc. Dir.

KTOM

Dep. AD Adm. -

Dep. AD inv. -

Asst. Dir.:

Admin.

Comp. Syst.

Exi. Affairs -

Files & Com..

Gen. Inv.

Ident.

Inspection

Intell.

Laboratory

Plan. & Eval.

Spec. Inv. -

Training -

Legal Cour. a

TDH

/JAH: dIm (8)

Telephone Rm. -

Director See'y a

MAIL ROOM L

NW 88608 Docld:32989532 Page 74

TELETYPE UNIT

HNCLOSURD

62116-545-103955

---

## Page 75

When an allegation is recoived that a group

may fall within existing jurisdictional criteria, IBI

Headquarters is inmediately notified and a

"proliminary

investigation" along the lines already indicated is

undertaken.

Again, approval fron IBI leadquarters must

be obtained to continue this "preliminary investigation"

beyond 90 days to resolve whocher jurisdictional standards

are met.

Is met, a full investigation is conducted

upon approval by FBI Headquarters.

Internal security investigations are also

conducted on the basis of specitie instructions from

the Attorney Coneral (pursuant to Presidential Directivos)

to the Director of the FBI.

Until the inscruction is

complied with, these matters remain pending.

Every offort is made to maintain proper

administrative control over domostic security invastigations

and to insure full compliance with the lav.

In this

regard, Bureau rules require Agents to limit investigations

to relevant matters. Suporvisory personnel in the Field

and at FBI loadquarters review the progress and relevancy

of these investigations, and reports aro forwarded to

the Department of Justice.

Agents also roceive legal

instruction on a continuing

basis in order that they

may be fully able to recognize relevance and safeguard

individual rights.

These Bureau procedures have been devised

in an honest effort to carry out with manimum effectiveness

and propriety our vital domestic security responsibilities.

Over the years, the FBI has handled these responsibilities

and protectod the domestio security of our Nation with

great dedication and, I believe, with great distination.

We will continue to vigorously carry out these duties

with all due regard for individual rights and liberties.

I believe the procedures I have outlined are in full

-2 -

NW 88608 Docld:32989532 Page 75

---

## Page 76

April 14, 1975

ALL INFORMATION CONTAINED

#MOR16

HEREIN IS UNCLASSIFIED

DATE / - 19-0/

BY SC 2-AL

DISSERTATION ON PROCEDURES FOR

OPENING, CLOSING AND MAINTAINING

DOMESTIC SECURITY CASES IN PENDING STATUS

FBI authority to investigate domestic security

cases. is derived from numerous criminal statutes and

Presidential Directives and Executive Orders concerning

internal security and employee loyalty matters. Procedurally,

the Bureau opens, continues, and closes such cases on

the basis of these legal considerations.

Upon receipt of a fact situation from any

of a myriad of sources, an Agent must necessarily make

a judgment as to whether this situation appears to fall

within the

¡ scope of FBI jurisdiction.

More specifically, domestic security investigations

are initiated when allegations clearly indicate a person,

either as an individual or as a member of a group, acts

to unlawiully alter the Government in violation of the

Smith Act, the Rebellion or Insurrection Statute, the

Seditious Conspiracy Statute, or other related enactments.

Special emphasis is placed on those engaged in violent

furtherance of such illegal acts. A full investigation

continues so long as these indications of illegal activity

exist.

When allegations do not clearly indicate

that activities on the part of an individual fall within

this jurisdictional area, self-imposed regulations require

that a

"preliminary investigation" be conducted.

This

inquiry consists of obtaining information from established

sources (such as records maintained by police departments,

LocaL governments, and private agencies); informant;

public source information; and FBI records. These investi-

gations are limited to 90 days during which an honest

effort is made to distinguish as soon as possible between

legitimate political activity and illegal acts. If

more than 90 days are required to resolve this question,.

authority to exceed this period must be obtained from

FBI Headquarters.

In seeking this extension, a full

statement must be made of the allegation, the jurisdictional

authority involved, and facts that appear to justify

the continuance.

NW 88608 Docld:32989532 Page 76

---

## Page 77

When an allegation is received that a

may tall within existing jurisdictional criteria,

Headquarters is immediately notified and a "preliminary

investigation" along the lines already indicated is

diately ne

i group

FBI

undertaken.

Again, approval from FBI Headquarters must

be obtained to continue this "preliminary investigation"

beyond 90 days to resolve whether jurisdictional

standards

are met. If met, a full investigation is conducted

upon approval by FBI Headquarters.

Internal security investigations are also

conducted on the basis of specific instructions from

the Attorney General (pursuant to Presidential Directives)

to the Director of the FBI.

Until the instruction is

complied with, these matters remain pending.

Every effort is made to maintain proper

administrative control over domestic security investigations

and

to insure full compliance with the law.

In this

regard, Bureau rules require Agents to limit investigations

to relevant matters. Supervisory personnel in the Field

and at FBI Headquarters review the progress and relevancy

of these investigations, and reports are forwarded to

the Department of Justice.

Agents also receive legal

instruction on a continuing basis in order that they

may be fully able to recognize relevance and safeguard

individual rights.

These Bureau procedures have been devised

in an honest effort to carry out with maximum effectiveness

and propriety our vital domestic security responsibilities.

and protected the domestic security of our Nation with

with all due regard for individual rights and liberties.

I believe the procedures have outlined are in full

- 2 -

NW 88608 Docld:32989532 Page 77

---

## Page 78

4 OPTIONAL FORM NO, 10

5010-106

MAY 1962 EDITION

GSA GEN. REG. NO. 27

UNITED STA

S GOVERNMENT

Assoc. Dis. -

Memorandum

Dop. AD Adm. -

Dep. AD Inv. _

Asst. Dir.:

Admin.

Comp. Systo.

TO

: Mr. J. B. Adams

FROM

: Mr. W. R. Wannall

Rolla

DATE: 4/1/75

Exr. Affairs

Filos & Com. -

Gen. Inv. -

Ident..

"Huris Selent Countte

Inspection

Intell..

Laboratory

Plan. & Eval. -

( SUBJECT: CONGRESSIONAL TESTIMONY

in Interri

Spoc. Inv..

Training.

Logal Coun. -

Telephone Rm. -

Director Sec'y -

The purpose of this memorandum is to enclose a paper concerning

the opening, closing, and maintenance of domestic security cases in pending

status requested as set forth in memörandum to Mr. Callahan from Mr. Adams

of the same caption, dated 317/75. 62-116435-55

Referenced memorandum instructed that the paper was to be non-

technical and in a form easily understood for purposes of argument. Legal

Counsel Division and writers in the External Affairs Division are to be contacted

to coordinate legal aspects and preparation of final paper, respectively.

ACTION:

11/1:1/75,

liLL

'it.

Legal Counsel Division review attachment for legal considerations.

External Affairs Division review for preparation of final paper.

Enclosure

Ano Wariail to

SHAA

тері.

TID

1 - Mr. N. P. Callahan

1 - Mr. J. B. Adams

- Mr. T. J. Jenkins..

1 - Mr. D. W. Moore, Jr.

1 - Mr. J. A. Mintz

1 - Mr. W. R. Wannail

ALI, INPORTEON CONTAINED

140) 335124

Sue heir to

1 - Mr. A. B. Fulton

Are to mo 4/10/75

1 - Mr. A. L. Lacey,-Jr.

FFC20 62-116395-134

S MY 19107

NW 88608 Docld:32989532 Page 78

---

## Page 79

DISSERTATION ON PROCEDURES FOR

OPENING, CLOSING AND MAINTAINING

DOMESTIC SECURITY CASES IN PENDING STATUS

#MORIG

ATL INEORMATION CONTAINED

DLTT1-19-01 BYSP-FAU

The FBI opens, continues pending investigation, and closes

domestie security cases based on legal considerations. The Bureau is charged

with the investigation of violation of numerous criminal statutes, as well as

duties imposed by Presidential Directives and Executive Orders concerning

internal security and employee loyalty matters.

The procedure for handling such investigation is dictated by

the facts and circumstances of each case. Upon receipt of a fact situation from

any of a myriad of sources, the Agent must necessarily make a judgment to

determine whether these facts reasonably indicate an activity falling within

the scope of the FBI's jurisdiction.

Domestic security investigations are initiated regarding individuals

when allegations establish that he, individually or as an active group member,

acts to unlawfully alter the Government in violation of the Smith Act, the

Rebellion or Insurrection Statute, the Seditious Conspiracy Statute, or other

related enactments. Special emphasis is placed on those practicing action

or violence in furtherance of their goal. If the allegation shows facts clearly

within the scope of these statutes, a full investigation is conducted and continues

so long as facts exist to indicate a reasonable possibility that these ends could

be achieved.

In some instances, allegations regarding the individual do not

clearly fall within the scope of authority. Self-imposed restraining regulations

require that such inquiry be limited to a "preliminary investigation" consisting;

of contacts for informational purposes only with established sources, such as

police bureaus, records departments of local governments, and private record

sources; informants; public source information; and Bureau records. These

investigations are limited to 90 days. An earnest effort is made to distinguish

as soon as possible between mere unorthodox political views or dissent on the

Assoc. Dir.

one hand and revolutionary and/or criminal activity on the other. If to exceed

Dep. AD Adm. -

90 days, a report is made to FBI Headquarters specifically stating the allegation,

Dep. AD Inv. -

Asst. Dir.:

the jurisdictional authority and such facts as would justify continuance of the

Admin..

investigation. A concurrence of Headquarters is necessary for continuance.

Comp.Syst.c

Ext. Affairs -

Files & Com. -

Gen. Inv. e

Ident. -

Inspection -

Intell..

Laboratory

Plon. & Eval. -

When an allegation is received that a group may fall within the

jurisdictional criteria, Headquarters is immediately notified and investigation

is limited to the "preliminary investigation" as described above. Any investi-

PRIM

Spec. Inv. -

ALL: vb.

SEE NOTE PAGE TWO

Training -

Legal Coun. can

Telephone Rm. -

Director Sec'y -

MAIL ROOM L

TELETYPE UNIT L

NW 88608 Docld:32989532 Page 79

141632

-13

---

## Page 80

-=*

gation beyond that is made only upon approval by Headquarters. If such

continuance is approved, investigation continues to resolve whether juris-

dictional standards are met. If met, and Headquarters' approval obtained, a

full investigation is conducted.

Apart from these situations, specific instructions from the Attorney

General, pursuant to Presidential Directives, to the Director of the FBI concerning

matters of internal security are the basis for investigations. Until the instruction

is complied with, these matters remain pending.

Bureau rules require an Agent to limit investigations to relevant

matters. Field office and Headquarters supervisors review the progress and

relevancy of investigations and reports are forwarded to the Department of

Justice. The FBI is ever aware of and controlled by court decisions interpreting

the law. Agents receive continuing legal instruction in order to recognize relevance

and the rights of persons under the law.

These regulatory procedures are the means by which the FBI

implements the responsibilities imposed by the statutes, Presidential Directives,

and orders of the Attorney General. An examination of the domestie security problems

confronting this Nation would reveal that, as early as 1936, concern arose over

"Fifth Column" activities of Communists and Fascists and continued through WW ll.

This concern has evolved to other threats, through the years, such as the

foreign-dominated Communist influence in America during the Cold War,

the Ku Klux Klan's interference with the rights of others, the turbulent

anti-Vietnam War demonstrations, the urban ghetto riots, and the rise of the

racially-oriented organizations preaching revolution and their more violent

splinter groups practicing open guerrilla warfare. The FBI, charged by statute

and supplemented by Directives to investigate such matters in order to fulfill

the duty, promulgated the investigative procedure for a dual purpose. The

FBI recognizes not only the duty to investigate, to preserve the Constitution,

but the fact the Constitution delineates zones of privacy and individual liberties.

These regulatory procedures speak reasonably to both.

NOTE:

See memorandum Mr. W. R. Wannall to Mr. J. B. Adams, dated 4/1/75,

captioned "Congressional Testimony,"

prepared by ALL: vb.

- 2 -

NW 88608 Docld:32989532 Page 80

---

## Page 81

* *

DISSERTATION ON PROCEDURES FOR

OPENING, CLOSING AND MAINTAINING

DOMESTIC SECURITY CASES IN PENDING STATUS

The FBI opens, continues pending investigation, and closes

domestic security cases based on legal considerations. The Bureau is charged

with the investigation of violation of numerous criminal statutes, as well as

duties imposed by Presidential Directives and Executive Orders concerning

internal security and employee loyalty matters.

The procedure for handling such investigation is dictated by

the facts and circumstances of each case. Upon receipt of a fact situation from

any of a myriad of sources, the Agent must necessarily make a judgment to

determine whether these facts reasonably indicate an activity falling within

the scope of the FBI's jurisdiction.

Domestic security investigations are initiated regarding individuals

when allegations establish that he, individually or as an active group member,

acts to unlawfully alter the Government in violation of the Smith Act, the

Rebellion or Insurrection Statute, the Seditious Conspiracy Statute, or other

related enactments. Special emphasis is placed on those practicing action

or violence in furtherance of their goal. If the allegation shows facts clearly

within the scope of these statutes, a full investigation is conducted and continues

so long as facts exist to indicate a reasonable possibility that these ends could

be achieved.

#MDRIE

ATT. INFORMATION CONTAINED

HEREIN IS UNGLASSIFICD

DATE / 19101 BYST

In some instances, allegations regarding the individual do not

clearly fall within the scope of authority. Self-imposed restraining regulations

require that such inquiry be limited to a "preliminary investigation" consisting

of contacts for informational purposes only with established sources, such as

police bureaus, records departments of local governments, and private record

sources; informants; public source information; and Bureau records. These

investigations are limited to 90 days. An earnest effort is made to distinguish

as soon as possible between mere unorthodox political views or dissent on the

one hand and revolutionary and/or criminal activity on the other. If to exceed

90 days, a report is made to FBI Headquarters specifically stating the allegation,

the jurisdictional authority and such facts as would justify continuance of the

investigation. A concurrence of Headquarters is necessary for continuance.

When an allegation is received that a group may fall within the

jurisdictional criteria, Headquarters is immediately notified and investigation

is limited to the "preliminary investigation" as described above. Any investi-

NW 88608 Docld:32989532 Page 81

---

## Page 82

is.

gation beyond that is made only upon approval by Headquarters. If such

continuance is approved, investigation continues to resolve whether juris-

dictional standards are met. If met, and Headquarters' approval obtained, a

full investigation is conducted.

Apart from these situations, specific instructions from the Attorney

General, pursuant to Presidential Directives, to the Director of the FBI concerning

matters of internal security are the basis for investigations. Until the instruction

is complied with, these matters remain pending.

Bureau rules require an Agent to limit investigations to relevant

matters. Field office and Headquarters supervisors review the progress and

relevancy of investigations and reports are forwarded to the Department of

Justice. The FBI is ever aware of and controlled by court decisions interpreting

the law. Agents receive continuing legal instruction in order to recognize relevance

and the rights of persons under the law.

These regulatory procedures are the means by which the FBI

implements the responsibilities imposed by the statutes, Presidential Directives,

and orders of the Attorney General. An examination of the domestic security problems

confronting this Nation would reveal that, as early as 1936, concern arose over

"Fifth Column" activities of Communists and Fascists and continued through WW II.

This concern has evolved to other threats, through the years, such as the

foreign-dominated Communist influence in America during the Cold War,

the Ku Klux Klan's interference with the rights of others, the turbulent

anti-Vietnam War demonstrations, the urban ghetto riots, and the rise of the

racially-oriented organizations preaching revolution and their more violent

splinter groups practicing open guerrilla warfare. The FBI, charged by statute

and supplemented by Directives to investigate such matters in order to fulfill

the duty, promulgated the investigative procedure for a dual purpose. The

EBI recognizes not only the duty to investigate, to preserve the Constitution,

but the fact the Constitution delineates zones of privacy and individual liberties.

These regulatory procedures speak reasonably to both.

NW 88608 Docld:32989532 Page 82

- 2 -

---

## Page 83

OPTIONAL FORM NO, 10

5010-106.

MAY 196Z EDITION

SA, GEN. REG. NO. 2;

UNITED STATES G

ERNMENT

Assoc. Dir.

Memorandum

1 - Mr.

J. B. Adams

ep. AD Ad

1 - Mr.

I. J. Jenkins

Asst. Dir.:

(Enclosures - 2)

Admin. -

Comp. Syst. _

TO

:MR. J. B. ADAMS

DATE: May 7, 1975

1Ext. Affairs -

Files & Com. _

Gen. Inv. -

1 - Each Assistan

Ident.

FROM

LEGAL COUNSEL

Director

Inspec

Intell

Laboratory

1 - Mr. W. O.

Cregar

SUBJECT SENSTUDY 75

Spec. Inv.

1 - Mr. J. B. Hotis

-Mr.

P. V.

• Da1y

1 - No. 5. Fi. Phil pre

801131

Re my memorandum to you 5/5/75 enclosing a request from

the Senate Select Committee (SSC) for additional information.

Attached to the copies of instant memorandum for Messrs. Jenkinsolu

Ash, Moore, and White are copies of the referenced memorandum

its

and,

enclosure.

The following is to delineate individual responsibili

and assignments for securing the information requested by the SECl

Because the request covers areas of operations affecting all

Divisions of the Bureau except Office of Planning and Evaluation

(OPE), it will be necessary that the very closest coordination and

maximum of cooperation be effected in order to implement the SSC

request.

ALL INTORMATION CONPAIREIHMOR16

HAPLIN IS UNCLASSUFIED

1OL BYSP

In handling this request which deals primarily with

furnishing to the SSC of various Sections of the Manual of

Instructions and Manual of Rules and Regulations, as well as infog

mation concerning our filing system, and particularly copies of a

Bureau forms, we should bear in mind that there are available

three options for consideration.

One, is to give the requested

information or documents.

Two, is to not furnish the documents

but merely permit their review

at FBIHQ. A third option availabls

is to set forth justifying data to support a denial of furnishing

the information or documents.

Of course, in furnishing any docu-

ments, we should bear in mind the option of excising sensitive

information.

REC-40 / 2-116345-133

In delineating the specific responsibilities for the

various Divisions, we are designating the Division having primary

interest as the one -Plarepare the necessary material and are

62-116395

3 MAY P81975

16/41

(20)

CONTINUED - OVER

5 6 MAY 2:2 1975

MA. 20 1975

NW 88608 Docld:32989532 Page 83

---

## Page 84

Memorandum to Mr.

J. B. Adams

RE:

SENSTUDY 75

62-116395

indicating in most instances what other Divisions would have

an input to furnish the primary Division. Even if auxiliary

Divisions are not designated for input purposes, if the primary

Division desires the views of another Division,

it should obtain

same prior to preparing the material.

Because of the involved coordination necessary, it is

requested that each Division except OPE designate a representative

to appear at a conference at 10:00 A.M. Friday, 5/9/75, in the

Intelligence Division Conference Room, Room 401/, JuH Building,

where the details for preparation of the necessary material will

be discussed.

The following are the assignments corresponding with the

4/30/75 SSC memorandum and its appendices which deal with four

main requests.

(1) The portion dealing with Superseded Sections of

the Manual of Instructions will be handled by the Iraining Division

which will gather all of the necessary information from Bureau files

after which Intelligence Division will review and make a final

determination as to the necessary response to the SSC.

(2) Concerning Sections of the Manual of Instructions

Not Previously Produced and the corresponding Appendix B, the

tollowing assignments are made.

Section

4

Subject

Surveillances and Raids

8R

Assignment

(Training Division with input

to be supplied by the three

investigative Divisions. Note

should be taken that this Section

was previously made available to

GAO in connection with its audit

of Bureau operations.)

Data Processing Section,

(Computer Systems Division)

Computer Systems Division

- 2 -

CONTINUED - OVER

NW 88608 Docld:32989532 Page 84

---

## Page 85

Memorandum to Mr. J. B. Adams

RE: SENSTUDY 75

62-116395

Section

19

23

27

28

29

75

78

90

102

103

134

136

144

146

Subject

Applicant and Employee

Investigations Conducted

for Other Agencies

Assignment

(Special Investigative Division)

(SID)

Bomb Threats, Explosives

and Incendiary Devices

(Intelligence Division) (INTD)

Civil Rights

(General Investigative Division)

(GID)

Civil Rights Act of 1964

Conspiracy

(GID)

(GID with input from INID and

"SID)

Neutrality Matters

(INTD)

Passports and Visas

(GID)

Selective Service Act

(SID)

Coordination with Other (INTD with input from GID and

Government Agencies

SID).

Foreign Police Coopera-

tion

(INTD)

Assaulting the President (GID)

of the United States and

Threats to the President

of the United States

Antiriot Laws

Police Killings

Protection of Foreign

Officials and Official

Guests of the United States

(INTD)

(GID)

(INID with input from GID)

- 3 -

CONTINUED - OVER

NW 88608 Docld:32989532 Page 85

---

## Page 86

Memorandum to Mr. J. B. Adams

RE :

SENSTUDY 75

62-116395

(3) Concerning the Manual of Rules and Regulations

and Appendix C, the following assignments are made. For

Part: I, Section 9 - Disciplinary Matters (Administrative

Division). For Part' II, Section 1 - Authority - Training -

Submission of Information (Training Division); Section 2 -

Supervision - Availability - Resident Agències (Administrative

Division); Section 3 - Administration of Offices (Files and

Communications Division with input from Administrative Division.

Computer Systems Division will supply the input for 3F);

Section 4 - Communications Files and Communications Division

with input from the following Divisions: Administrative, INTD,

GID, SID, Legal Counsel, and Computer Systems Division;

Section 5 - Dissemination of. Information (GID with input from

INID and SID); Section 6 - Publications, Press, and Public

Contacts (External Affairs Division); Section 7 - Payments

Property (Administrative Division with input from Computer

Systems Division); Section 8 - Miscellaneous Regulations

(SID with all other Divisions except OPE furnishing appropriate

input); Section 9 - Classification - Character - Copies -

Abbreviations (Iraining Division with all other Divisions

except OPE furnishing appropriate input).

(4) Concerning Filing System, Files and Communications

Division will handle with necessary input from Training Division

concerning the request pertaining to all Bureau Forms.

This matter must be given priority, expedite attention

by all Divisions bearing in mind that on the one hand, it is

absolutely imperative that the review and study be of high

quality, and that on the other hand, there be no delay which

could result in criticism of the Bureau for not responding promptly

to the SSC.

RECOMMENDATIONS:

(1) Assignments to be handled as indicated above.

- 4 -

CONTINUED - OVER

NW 188608 Hon0t3298962 or lb

---

## Page 87

Memorandum to Mr.

J. B. Adams

RE : SENSTUDY 75

62-116395

(2) Representatives of all Divisions except OPE

attend coordinating conference 10:00 A.M. 5/9/75, Room 4017,

JEH Building.

8 181/pus

PLM

Joe mis

ok

- 5 -

NW 88608 Docld:32989532 Page 87

---

## Page 88

OPTIONAL FORM NO; 10

3U 1=40

MAY 196. GOT ON. 27

GSA GEN. REG..

UNITED STATES GO

NMENT

Memorandum

TO

: Mr. J. B. Adams

FROM : Legal Couns e1à

FUBIES: SENATE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIES

DATE:

5/6/75

#M DR16

ALL INFORMATION CONTAINED

HEREIN IS UNCLASSIFIED

DATE1/1916/ BYSPa AM/STE

Assoc. Dir.

Asst. Dir.:

Admin.

Comp. Syst. -

Ext. Affairs

Files & Com. -

Gen. Inv. -

Ident..

Inspection -

Intell.

Laboratory

Plan. & Eval. -

„Director Sec'y -

#37+51

From 10:30 a.m. until 2:45 p.m. on May 6, 1975,

Inspector John B. Hotis and I met with Frederick Schwarz, General

Counsel to the Senate Select Committee, Committee staffers Burt Wides,

Pat Shea and Mike Madigan, and CIA representatives Marvin Smith and

Walter Lloyd.

I arranged to attend this conference in an effort to resolve with

the Committee staff the procedures that would be followed during interviews

or current and former Bl employees by star representatives. Interviews

have been conducted in the recent past by representatives of the Committee,

and in the absence of any general understanding as to the procedures we

have been advising those persons coming to our attention as prospective

witnesses that they may request the presence of a Bureau representative

during the interview. Committee staff members have objected to the

presence of Bureau representatives and have insisted that the interviews

proceed in the abeg l any aRE representative.

69-116375-

At the outset of the meeting today, it became clear that Schwa

speaking for the members of the Senate Select Committee and for the staff,

was opposed to the presence of agency representatives during interviews

concerning matters which they described as "abuses. " Schwarz explained

that the Committee has a responsibility to look into allegations of misconduct

or abuse in addition to a broader study of the jurisdiction and operations

of the intelligence community. He said that while there would be a willingness

on their part to have agency representatives present during intervrews concern-

ing general inquiries regarding jurisdiction, they felt that it would be

improper and would interfere with the integrity of their investigation i975

third parties were present during interviews concerning misconduct

1 - Mr. Wannall

1 - Mr. Hotis

1 - Mr. Mintz

70 MA (5) 10

NW 88608 Docld:32989532 Page 88

CONTINUED - OVER

---

## Page 89

Memorandum to Mi

Adams

Re: Senate Select Committee, etc.

Schwarz offered as an alternative that the agencies would be

advised of the identity of persons to be interviewed and that prior to

the interview the agency would contact the witness to explain the authority,

the security arrangements made by the Committee for the protection of

information, to authorize the witness to answer questions where the

witness was bound by a secrecy agreement, and to caution the witness

concerning matters of a sensitive nature which should be deferred for

discussion with members of the Committee or with the Chairman of the

Committee.

I pointed out to Schwarz that unless the FBI was given notice

as to the specific subject matter of the interview to be conducted, we would

find it most difficult to intelligently assess the sensitivity of the information

that might be furnished by the witness. The CIA representatives expressed

great alarm that an interview could disclose information without some

prior assessment of the potential damage to intelligence collection techniques

and sources.

As to these points, Schwarz stated that he would discuss with the

members of the Committee a revision of their initial proposal that

would include notice to the agency of the identity of a person to be interviewed

plus a generic description of the subject matter of the interview followed by

a contact by the agency with the prospective witness to assess the sensitivity

of the information and to advise the witness of areas of inquiry that must be

deferred for special handling by designated members of the Committee or

of the Committee staff. Following that contact the Committee representative

would proceed to conduct the interview with the understanding that the agency

representative would be near-by and immediately available for consultation

should the witness have concern as to the degree of sensitivity of

information he was being asked to furnish. At the conclusion of the

interview, the Committee would make available to the agency a summary

of the notes taken during the interview but a transcription of the interview would

not be made available either to the agency or to the witness interviewed.

Schwarz stipulated that there may be occasions when the Committee

would reserve its right to interview an individual, whether a current employee

or a former employee, in secret in order to protect the interview or to insure

the completeness and accuracy of his information. I asked Burt Wides

whether they had any basis for that concern and he indicated that they

did have such a basis, but declined to specify the details.

- 2 -

CONTINUED - OVER

NW 88608 Docld:32989532 Page 89

---

## Page 90

WEET

Memorandum to Mr. Adams

Re: Senate Select Committee

Inspector Hotis asked whether the on-going interviews

would be delayed pending resolution of the differences concerning

procedures. Schwarz replied that the interviews will proceed due to

time factors. I then requested Schwarz to expedite his discussion

with the members of the Committee, to state their proposals in writing

in order that we could review them in specific detail, and to let me

know as somas their proposal as approved by the Committee was available

for discussion. He agreed to do so and said that probably this could

be accomplished by Thursday, May 8, 1975.

OPINION

It was my impression in dealing with Schwarz that he is making

an honest effort to conduct the Committee inquiry reasonably and that he

is concerned about the public acceptance of the Committee's final product.

His concerns about the integrity of the investigation are similar to those

that Ewould express about an FBI investigation. His insistence that

interviews of individuals concerning possible misconduct be done alone

with the witness appear to me to be reasonable to insure the integrity

of their investigation. The compromise we discussed (they would identify

the witnesses to us prior to interview and tell us the proposed subject

matter of the interview and allow us to consult with the witness prior to

interview) seems to be a practical solution to our mutual problem. This

solution is not as acceptable to CIA due to their greater need for

protection of their covert operations, sources and methods. The Committee

has available to it the subpoena power, the authority to conduct public

hearings, and a good deal of support by public opinion. Therefore, I

conclude that the Committee is likely to discover the full details of

events concerning which they inquire whether the FBI cooperates or

appears to be reluctant. As to those areas of legitimate concern because

of their sensitivity in terms of productionof informants or sources and

methods of gathering national security intelligence, the Bureau can

properly expect an opportunity to provide protection for the information.

If the procedures suggested above are operated in good faith

on both sides, the Bureau would be given notice as to the subject matter

to be discussed prior to the interview and research could disclose the

areas of sensitivity and appropriate action taken to caution the witness

against disclosure of such information.

- 3 -

CONTINUED - OVER

NW 88608 Docld:32989532 Page 90

---

## Page 91

Memorandum to Mr. Adams

Re: Senate Select Committee

RECOMMENDATIONS:

1. That until procedures are established with the

Committee the Bureau continue its present practice of advising prospective

witnesses upon their request that they have a right to consult with a

Bureau representative during interview.

2. That further discussions of this matter with the Committee

await the receipt of their proposed guidelines in writing after approval by

members of the Senate Select Committee.

pur

- 4-

NW 88608 Docld:32989532 Page 91

---

## Page 92

OPTIONAL FORM NO, 10

5010-106

MAY 1962 LUITION

"SA GEN.

REG. NO. 27

UNITED STATES GOVERNMENT

Memorandum

TO

: Mr. J. B. Adams

DATE:

5/5/75

Assoc." Dir.

Dep. AD Adm

Dep./AD)

Asst.lD

Admin

Comp. Syst.

Ext. Affairs: —

Files & Com. -

Gon. Inv. -

FROM : Legal Counsel

SUBJEC

SENATE SELECT COMMITTEE

ON INTELLIGENCE

Altiestion

ALL INFORMATION CONTAINED

HEREIN IS UNCIASSIFIED

DATE 119/01 BXSP-2 ALMIZE notion -

Laboratory

Plan. & Eval. -

Spoc. Inv. -

T92In

egal Count

Ноті фо

This morning the Director asked me to inquire into the status

of our understanding with the Senate Select Committee as to whether FBI

representatives would or would not be present at interviéws of former

Bureau employees or current Bureau employees. The Director was

concerned that the presence of a Bureau representative could be criticized

as an attempt to interfere with the Committee's inquiries. I assured the

Director that the purpose of such representatives being present was to

assist the interviewer and the witness in determining areas of inquiry

of particular sensitivity or that might concern a current Bureau operation.

The Director agreed that such was an appropriate reason for the presence

of a Bureau representative and asked me to consider preparing a letter

addressed to Senator Church stating our desire to make available a Bureau

representative and the reasons for the presence of such a Bureau representative.

As a result of a conference with representatives of CIA,

Roderick Hills of the White House Counsel staff, and others, it was

determined that Walter Lloyd of the CIA Legal Staff would continue

negotiations with the Committee in behalf of the entire intelligence

community to develop procedures concerning the interview of witnesses

and the presence of agency representatives at such interviews. Mr. Lloyd

was scheduled to meet with Frederick Schwarz, Counsel to the Committee,

on Tuesday, May 6, 1975, to discuss such arrangements.

L4-101

I scheduled an appointme ?

62-116395-131

with the Deputy Attorney General

and met with him at 5:00 p.m. on May 5, 1975, accompanied by

Inspector John B. Hotis. I told the Deputy of our concern that the

interviews by the Senate Committee are continuing even though no

understanding has been reached by the Committee and the intelligence

community. I told the Deputy that the Director would like to have some

S MAY 13 1975

1 - Mr. Wannall

1 - Mr. Hotis

1 - Mr. Mintz

JAM: mid (5)

FISCAL GO

CONTINUED - OVER

84 MAY 2 1 1975

NW 88608 Docld:32989532 Page 92

---

## Page 93

Memorandum to Mr. Adams

Re: Senate Select Committee on Intelligence Activities

formal understanding with Senator Church as to the Bureau's position

lin regard to such interviews. I reminded the Deputy that our sole concern

was to make a representative available to assist in the interviews

in the event they touched upon sensitive areas and by no means was our

interest to be understood to be an effort to interfere with the Senate

Committee's inquiries.

The Deputy said he fully understood our position and agreed.

He asked me whether I would be willing to agree to hold off on formal

notification to Senator Church until the negotiations to be conducted by

Mr. Lloyde could be concluded. I told the Deputy I would agree to that

on the condition that I and also Inspector Hotis would participate in the

discussions by Lloyd with the Committee representatives. The Deputy

Attorney General said that he fully concurred in my condition and if there

developed any difficulty in making such arrangements, he would assist

lin seeing that it was accomplished.

Inspector Hotis advised that Schwarz, the Committee counsel,

has arranged a meeting on Wednesday morning, May 7, 1975, with

Assistant Attorney General Scalia of the Office of Legal Counsel of the

Department. We will also be represented at that meeting.

The Deputy Attorney General told me that he had been advised

by Schwarz that a former Bureau Agent, Leo Clark, had objected to the

fact that a Bureau representative had contacted him and had indicated a

willingness to be present during Clark's interview by the Committee.

I again assured the Deputy that our sole purpose in contacuing Clark was

to be available in the event a Bureau representative was needed to discuss

matters of a sensitive nature or matters concerning current Bureau operations.

The Deputy said he understood and Clark's complaint was likely the result

of a misunderstanding.

RECOMMENDATION:

For information.

- 2 -

NW 88608 Docld:32989532 Page 93

---

## Page 94

SIOUS MOIAIILOINI TIM

2 - Mr. S. F. Phillips

May 14, 1975

MATERIAL, FOR SÉNATE SELECT COYMITTLE (SSC)

INVESTIGATING INTELLIGENCE ACIIVITIES

1. TITLE/SUBJECI: Legal Authorities of the FBI

2. ORIGIIATING ORGANIZATION: FBI

3. NATURE OF MATIRIAL: letterhead memorandum (LII1)

with enclosures described belor.

4. DOCUMESTI CLASSIFICATION: Unclassified

5. NATIONAL SECURITY INFORMATION STANP: IA

6. SUMMARY OF CORTETIS:

In response to a request from the SSC for certain

documents and other information, an IlM vas subnitted as a

cover communication to furnish the SSC copies of the following

documents.

1. An internal FBI memorandum dated 5/16/72

captioned "FBI Jurisdiction; Criminal Intelligence

Information."

CmCSSYTOEN SI 1326211

Matters."

3. A study on subversion prepared for former

Acting FBI Director Louis Patricl: Gray III dated 5/19/72.

Assoc, Dir, coren

Dep. AD Adm. -

4. A memorandum from the Director of the FBI to

Dap. AD Inv. -

Asst. Dir.:

the Attorney General dated 8/7/73 recommending the

Admin. -

issuance of an Executive Order concerning the conduct

Comp. Syst.

Ext. Affairs

Files & Com.

of domestic intelligent invest 13at1ong- 130

Gen. Inv. -a

-62-116395

REC-1001 20 116 22

Ident. -

Inspection - SFP:ekw (4)

Intell.

Laboratory

eKw

Plon. & Eval.

3 MAY 16 1975

_SET NOTE RAGE THO

Spec. Inv.

Training

Legal Coun.

Telephone Rm. -

Director Sec'y -

MAIL ROOM L

TELETYPE UNIT [

Nwissa odl/boeia®32985532 Page 94

180 954-746

---

## Page 95

7. REQUESTER/DATE OF REQUEST: SSC. 3/19/75

8. RELEASING AUTHORITY: FBI

9. DATE OF SUBMISSION: 4/22/75

10. LOCATION OF FILS COPY: FBI file 62-116395-83

11, RELATION TO IXTELLIGENCE COMMUNITY PROBLOMS: None.

NOTE:

Driginal via liaison to Central Community Index in

connection with Senstudy 75.

- 2 -

NW 88608 Docld:32989532 Page 95

---

## Page 96

OPTIONAL FORM NO, 10

5010-106

MAY 1962 EDITION

GJÀ GEN. REG. NO. 27

UNITED STATES GOVERNMENT

Memorandum

Assoc. Dir.

Dep. AD Adm=

Dep. Agine

Asst..0

Admin..

comp. Syst. -

TO

: Mr. J. B. Adams

DATE:

5/7/75

Bain: Legal Counself

ALI INFORMATION CONTAINES MOR 6-

Ext. Affairs -

Files & Com. -

Gen. Inv. -

Ident.

HEREIN IS UNCLASSIFIED

Inspecti

Laboratory

SUBECT: SENATE SELECT COMMITTEE

Plan. & Eval. -

Spec. Inv..

raining,

ON INTELLIGENCE

-ogal

Telopho

he Rm. -

Director Sec"y _

At 5:05 p.m. on May 6, 1975, I went to

the White House

Hotigra

to meet with Mr. Philip Buchen, Counsel to the President; Roderick Fills,

Associate Counsel;James Wilderotter, Assistant Counsel; Assistant

Attorney General Scalia, Office of Legal Counsel in the Department;

John Clark, Associate to the Director of CIA; Walter Lloyd and Marvin

Smith of CIA. The meeting was called by Mr. Buchen to discuss the

developments that day with regard to the proposal that agency representa-

does would be poement dare maternier conducted by saves tigators of the

Senate Select Committee staft.

At a meeting held earlier that day, the General Counsel of the

Senate Select Committee had indicated that the Committee disapproved of the

presence of agency representatives at interviews concerning alleged

"abuses." I explained to Mr. Buchen the alternative proposal offered by

F.A. O. Schwarz to the effect that agencies would be furnished the identitie

of proposed witnesses, the subject matter of the proposed interviews,

and permitted an opportunity to review the subject matter and consult with

the witness to advise him of sensitive areas that would require special

treatment. John Clark agreed that in regard to interviews concerning

abuses, it would seem to be necessary for the Committee to proceed with the

interview without an agency representative present. After general

discussion of the proposal by Schwarz, the meeting concluded with

instructions by Mr. Buchen to Wilderotter to draft a statement that might

be incorporated into a letter to be addressed to the Committee explaining

the Administration's position.

The elements of the proposal would be that as a general

rule, agency representatives would be present during interviews concerning

matters that were not categorized as abuses and in those exceptional cases

1 - Mr. Wannall

• RES:100

12-11632517

1 - Mr. Hotis

15 MAY 13 1975

1 - Mr. Mintz

JAM:mfd (5)

84 MAY 2 0 1975

NW 88608 - Docld:32989532 Page 96

GONTINUED - EYE COUNSEL

PENS AL

ES. UNINT

---

## Page 97

Memorandum to Mr. Adams

Re: Senate Select Committee on Intelligence

where abuses would be the subject of interviews, the agencies would be

given prior notice of the identities of the witnesses and of the subject

matter of the interview, plus an opportunity to consult with the witness

prior to the interview. Mr. Buchen also asked that the Committee be

requested to provide a letter in each instance identifying the alleged abuse

as the subject of the interview and indicating Committee approval of

that inquiry. The objective of such a requirement would be to clearly

identify those interviews characterized as "abuses" interviews which would

require the absence of an agency representative during the actual interview.

I was also asked to contact Schwarz to insure that he would not

present to the Committee his counterproposal during the regular committee

meeting on Wednesday, May 7, 1975. The purpose of such a request was

to avoid the Committee adopting a final proposal regarding interviews

prior to the Executive having an opportunity to express its position.

On the morning of May 7, 1975, we spoke with Schwarz, requested

him to refrain from offering his counterproposals to the Committee for

approval, and in response to his request explained to him that the reason

was that the proposals were under discussion and it was necessary for all

agencies in the intelligence community to be involved in the determination

whether the alternative procedures would be acceptable. Mr. Schwarz

agreed to refrain from offering his counterproposals to the Committee today.

At approximately 10:25 a.m. on May 7th, I called Wilderotter

and asked what the progress of his preparation of the proposed letter was.

He told me that there would be no letter addressed to the Committee because

the White House did not desire to escalate this matter and go over the head

of the Committee counsel. I told him that,! was extremely concerned at

the inaction which has resulted thus far in FBI being in an indefensible

position in regard to interviews of former employees. I explained to

him that the Committee has not advised us of the interviews that have been

conducted and we have learned of them only by calls from the witnesses.

I told him that the interviews are still continuing because at the meeting

on May 6, 1975, we expressly requested the Committee counsel to dis -

continue the interviews temporarily until guidelines could be established

and the Committes messly refused to do so.

I told Wilderotter that this morning I received a call from

John P. Mohr, former Assistant to the Director, who has broad knowledge

- 2 -

CONTINUED - OVER

NW 88608 Docld:32989532 Page 97

---

## Page 98

Memorandum to Mr. Adams

Re: Senate Select Committee on Intelligence

of FBI matters, in which Mohr told me that he has been called to be interviewed

at 10:00 a.m. on Friday, May 9, 1975, at Room G-308 in the New Senate

Office Building. Mark Gittenstein was identified as the interviewer.

I told Wilderotter this concerned me because we have no basis on which

to advise Mr. Mohr as to the appropriate guidelines that may be followed

during the course of such an interview and in the absence of knowledge of

the subject matter of the interview we have no way of counseling him as to

sensitive areas that should be deferred for discussion with members of

the Committee or with the Chairman of the Committee.

Wilderotter said he understood myy concern but he saw no way

in which the matter could be resolved in time for guidelines to be

established for the Mohr interview. He told me he would work on the

preparation of a position paper to be used by the White House and the

intelligence community to establish a policy that could be discussed with

the Committee.

Inspector Hotis and I then at approximately 11:10 a.m. went

to a conference already in session in the office of Assistant Attorney General

Scalia attended by representatives of the CIA, Department of Defense,

NSA, Department of State and the Department of the Treasury. The other

agencies were advised of the results of the meeting with the Senate Select

Committee staff on May 6, 1975, and a general discussion ensued as to

the willingness of the agencies to agree to interviews in the absence of

agency representatives. The representatives of the State Department,

Mr. Hitchcock and Mr. Jennings, indicated that State was adamant that

interviews would not be conducted in the absence of representatives.

I spoke privately with Assistant Attorney General Scalia and

advised him of my conversation with Wilderotter and of the fact that

John Mohr had been called for interview on Friday, May 9, 1975. I

told him of my great concern that Mohr's interview would be sensitive

because of his broad knowledge of the Bureau and told him that it was

essential that appropriate guidelines be developed concerning such inter-

views as soon as possible. Scalia told me that he had just finished

speaking with Wilderotter and he ashared my concern.

He then

called Wilderotter and subsequently advised me that Wilderotter said

that he, Wilderotter, would immediately contact Schwarz to request at

postponement of the interview of John Mohr pending the establishment

of guidelines. In the event he would be unsuccessful, Roderick Hills and

Philip Buchen would discuss the matter with Senator Church and Senator Tower.

- 3 -

CONTINUED - OVER

NW 88608 Docld:32989532 Page 98

---

## Page 99

Memorandum to Mr. Adams

Re: Senate Select Committee on Intelligence

There was a general consensus of opinion at the meeting with the

other agencies of agreeing that they would await the development of the

position paper by Wilderotter. Walter Lloyd advised that another meeting

with Schwarz and the Committee staff would be scheduled for Thursday,

May 8, 1975.

Upon my return to my office, Wilderotter called me to report

that he had been unsuccessful in having the Mohr interview postponed and

further that Schwarz had advised him that he now feels that it would be

inappropriate for agency representatives to be present at any interviews

whether they concerned abuse or whether they concerned general matters,

and further that he felt that it would be inappropriate for the agency to be

advised of the subject matter prior to the interview.

At that point, Mark Gittenstein joined the conversation with Schwarz &

Wilderotter and advised Wilderotter that he intended to interview Mohr

concerning "procedures and how paper moved in the Hoover days, "

and this would constitute 90% of the interview. The remaining 10% of the

interview would concern Hoover's "O. C. Files." Further Gittenstein

mentioned that he was aware that John Mohr is the Executor of Mr. Tolson's

estate and he may inquire concerning that matter.

Wilderotter said that there would be no further contact with the

Committee concerning the Mohr interview and that we should assume the

Mohr interview will proceed as scheduled. He said that he would suggest

the Bureau contact Gittenstein to discuss any further details regarding the

subject matter of the interview of Mohrad that we consider discussing

with Mohr prior to the interview matters that he should not discuss with

Gittenstein. He also suggested that we debrief Mr. Mohr at the completion

of the interview.

I reminded Mr. Wilderotter that there are no guidelines by which

the White House or the intelligence community or the Senate Committee have

agreed that the FBI should make such arrangements with the witness. I

told him that I thought that the FBI would be used as a test case both by

the Committee and by the intelligence community if we undertook to

negotiate such matters directly with Gittenstein. I told him that I thought

that such direct negotiations would undermine the effectiveness of current

- 4 -

CONTINUED - OVER

NW 88608 Docld:32989532 Page 99

---

## Page 100

Memorandum to Mr. Adams

Re: Senate Select Committee on Intelligence

negotiations to establish broad guidelines with the concurrence of the

Committee that could be used to effectively limit the scope and manner

of interviews currently being conducted by staff investigators. I also

told him that I thought it would put the Bureau in a most difficult

posture because the intelligence community could well feel that the FBI

had brought about the loss of the opportunity to have some effective

control over Committee access to sensitive information by negotiating

our own agreement with Gittenstein. I told him that certainly the Committee

would use us as an example to other intelligence agencies and use our

experience to their detriment in establishing limitations on the interviews.

Mr. Wilderotter said that he understood my position and he

would continue to work on the policy paper. He asked to be advised of the

time the meeting is to be held with Schwarz on May 8, 1975, and I indicated

I would so advise him on learning of it myself from Walter Lloyd of CIA

who is making the arrangements. I also suggested that it would be appropriate

for Roderick Hills, Associate Counsel to the President, to be present at the

meeting with Schwarz in order to have a greater chance of resolving these

issues promptly. Wilderotter said that he agreed and would attempt to

make arrangements for Mr. Hills to be present at the meeting.

RECOMMENDATIONS:

1. That the Bureau provide a representative to be available

for consultation by Mr. Mohr as he may request on Friday, May 9, 1975,

at 10:00 a.m., in Room G-308, New Senate Office Building.

Bill cheer Eas

i contains. Moh.

2. That until appropriate guidelines are established' by agreement

between the Committee, the White House, and the intelligence community, the

Bureau not undertake to counsel or debrief Mr. Mohr or any other witnesses

concerning the subject matter of interview, pursuant to agreement with individual

staff interviewers.

-5-

CONTINUED - OVER

NW 88608 Docld:32989532 Page 100

---

## Page 101

Memorandum to Mr. Adams

Re: Senate Select Committee on Intelligence

RECOMMENDATIONS (CONT'D):

3. That Inspector Hotis and I, if I am available, attend

the meeting with Schwarz on Thursday, May 8, 1975.

glen

oh

= 6 -

NW 88608 Docld:32989532 Page 101

---

## Page 102

IFMORIE.

ATT. IUFORMATION CONTAINED

HERZIN IS UNCLASSIFITD

22/01 BYS.

DATE /

Airtel

1

Mr. W. R. Wannall

Mr.

Do

W. Moore

1-

Mr.

E. W. Walsh

62

11163955

4/18/75

To:

SAC, Buffalo (157-1681)

PERSONAL ATTENTION

From:

Director, FBI (157-27812)

KARI, EDWARD HAND, - JR.

EXTREMIST MATTER - NATIONAL GUARD PARTY

(BUDED:

4/23/75)

1 - Mr. R. E. Gebhardt

•(Mx.

Jo Go Kelly)

1 = Me.

Jo A. Mintz

(MT.

R. F. Olmert)

1 - MI. J. G. Deegan

ReBUairtel dated 4/11/75.

1 - Mr. W. O. Cregar

• 1 ' Mr. W. D. Fallin

A review of the copy of subjects letter to selato

Frank Church dated 4/8/75 and allegations contained therein

concerning Agent personnel of your office requires prompt

submission of affidavits in refutation of those allegations

where facts so warrant.

Accordingly, and in view of the extreme likelihood

of early inquiry concerning these allegations from Senator

Church of other recipients of subject's letter, appropriate

affidavits should be drawn and submitted by airtel to FBIHO

by che close of business 4/23/75.

In the event one or more of subject's allegations

cannot be refuted, you should make specific comment concerning

same in your airtel enclosing these affidavits.

An extra copy or this communication is turnished

Buffalo for inclusion in its file concerning the National

Guard Party.

Assoc. Dir. -

1 - Pittsburgh

Dep. AD Adm. -

Dep. AD Inv. -

Asst. Dir.:

Admin.

Comp. Syst.

Records,

46 62-116395

1 • 157-33528 (National Guard Party)

Ext. Affairs

Files & Com. -

Gen. Inv. _

Iderit. -

(15)

Inspection .

Intell. _

MARED 4

APR 1 7 1975

Luberatory -

Plan. in Eval. _

Spec. Inv. --

Training -

8502

Legal Caun.

Thleption

Direcsor

MANAR 10B0

TELETYPE UNIT C

NW 88608

Docld:32989532

Page 102

MAY 16 1075

SEE NOTE PAGE INO

GPO 954-541

---

## Page 103

Airtel to SAC, Buffalo

RE:

KARI EDWARD HAND, JR.

157-27812

NOTE:

Subject is a former leader of the white hate

National Socialist White Peoples Party in Buffalo, New York.

• He presently heads an organization known as the National.

Guard Party (NCP), a neo-Nazi white hate organization which

by its objectives

would deny certain minority groups of their

civil rights. Referenced airtel enclosed copies of a letter

written by subject to Senator Frank Church (Democrat - Idaho)

"of the United States Senate: Select Committee to Study

Governmental Operations with Respect to Intelligence Activities

in which he makes conplaint concerning the Bureau's investiga

tion of his organization, himself, and with regard to the

arrest of his coleader, William Edward Garrett, in connection

with a Federal firearms violation. Subject's letter, copies

of which were also directed to Senator John Tower (Republican ~

Texas) and to the Buffalo "Courier Express," a daily newspaper

published in Buffalo, charges the FBI in Buffalo tapped his

telephone as well as the telephones of NGP members and

supporters; threatened to "frame" subject; threatened to

"get" subject; attempted to bribe his personal friends; used

"scare" tactics against friends, relatives, employees and

businessmen who do the NGP organization's printing; threatened

: to shoot subject's dogs during arrest of William Edward Garrett;

and lied to NGP supporters and businessmen by indicating the

NGP group, was planning to blow up certain buildings.

Subject's

:letter alleges these activities are in direct violacion of the

NGP organization's constitutional rights and requests Senator

Church conduct investigation concerning same. Appropriate

instructions being directed to the Buffalo Division which, in

referenced airtel, indicated Special Agents involved in the

controversial arrest of Carreti have subnitted memoranda

categorically denying allegations concerning the arrest. Bureau

files contain no information to substantiate allegations of

subject,

2 *

NOTE CONTINUED PAGE THREE

NW 88608 Docld:32989532 Page 103

---

## Page 104

Airtel to SAC, Buffalo

• RE: KARL EDWARD HAND, JR.

157-27812

NOTE CONTINUED:

This has been coordinated with SA R. F. Olmert

of the Legal Counsel Division.

Bureau deadline being imposed

in view of the nature of the allegations made and current

investigation into FBI operational activities by Senator

Church's

committee.

.. FIR

1,11

NW 88608 Docld:32989532 Page 104

---

## Page 105

FD-3E (Fiêr-5-26-54)

FBI

Date: : 4/11/75

Transmit the following in

AIRTEL

Via

(Type in plaintext or code)

AIR MAIL - REGISTERED MAIL

(Priority)

ATT INGRANTON CANEIG

BUL

TO:

DIRECTOR, FBI (157-27812)

FROM:

SAC, BUFFALO (157-1681) (2)

KARL EDWARD HAND, JR., aka

EM - NGP

(00: BUFFALO)

OJENITURE 75

Д.

rippe

160/LVA

Remylet, 1/23/75, captioned as above; report of

SA ROBERT N. SHAW,

10/25/74, at Buffalo, and Buffalo airte

to Bureau, 10/31/74, both captioned "WILLIAM EDWARD GARRETT;

EM - NSWPP; UNLAWFUL POSSESSION OR RECEIPT OF FIREARMS,

00: PITTSBURGH."

Enclosed for the Bureau are two (2) typewritten

copies and for Pittsburgh one (1) copy by Bureau secretary

of letter received by the Buffalo Division on 4/10/75;

addressed to The Honorable FRANK D. CHURCH, U. S. Senate,

Washington, D.C., dated 4/3/75, which is self-explanatory.

Buffalo unable to

received.

bution.

For the information of the Bureau, Buffalo "Courier

Express" is a daily newspaper published at Buffalo, New York.

The letter is allegedly signed by KARL HAND, JR. Authenticity

Of HAND's letter writing activities confined in conversations

with BU 1471-E,

of enclosed letter.

to alert sutralo deto pator to secret

information of the Bureau, incident referred

to as section

in the enclosed letter refers to

Bureau

Encls.

2.)

(AMRM)

Pittsburgh

(157-1640)

(Enc. 1) (AMRM)

2

Buffalo

4-16 3951

Taste

REU: cas

(5)

Panes

MAY 16 1975

Be 02-11639510

Approved:

Sent

_ M

Per -

Special Agent in Charge

NW 88608 Docld:32989532 Page 105

0/0u

107441-503-335

812

Original

Filed

---

## Page 106

BU 157-1681

the arrest of WILLIAM EDWARD GARRETT (Bureau file 157-

22471; Buffalo file 157-1388) by Bureau Agents at Buffalo,

New York on 10/23/74 at the residence of KARL HAND, 2213

South Bailey Avenue, Buffalo, New York. GARRETT was arrested

based on. an authorized complaint and warrant at Pittsburgh,

Pennsylvania, charging GARRETT with violation of Title 18,

Appendix,

Section 1202(a) (1), USC,,

"Possession of a Firearm

by a Convicted Felon". It should be noted that KARL. HAND

was not present at this arrest and GARRETT was alone in the

house•

In that arrest Buffalo advised the Bureau in

referenced

airtel, dated 10/31/74, of the items observed by

Bureau Agents at time of arrest, which were as follows:

The front windows and door of 2213 South Bailey

Avenue are completely covered with chicken wire. There were

two large German Shepherd dogs on the premises.

Upon entering

the residence a five-gallon can was observed behind the stove.

In the upstairs bedroom

there was a fully-loaded Stevens Model 77B 20-gauge shotgun,

serial number unknown. In the downstairs bedroom there were

several boxes of .22 ammunition and numerous loose 20-gauge

shotgun: shells.

It is noted that memoranda have been prepared by

the SAs: who participated in this arrest of GARRETT on

10/23/14 Including Sa ROBERT N. SHAW, wherein all categorically

deny that any attempt was made to incite GARRETT into doing

anything against his best interests. In addition, all SAs

categorically deny any threat having been made to shoot dogs

found on the premises. It is pointed out that GARRETT waS

alone in the house at

the time of arrest and that at no time

was KARL HAND present.

It is also pointed out for the intormation of the

Bureau that on 11/7/74, U. S. Magistrate EDMUND E. MAXWELL,

BuILalO, New York, released GARRETT and dismissed charge of

violation ef Title 18, Appendix, Section 1202(a) (1), USC.

However, on 11/8/74, the FGJ, Western District of Pennsylvania

(WDPA) at Pittsburgh, Pennsylvania, entered

a true bill

charging GARRETT with violation of

Title 18, Appendix,

- 2 .

_NV 66608.Docld:32989532. Page 106

---

## Page 107

BU 157-1681

Section 1202(a)(1), USC and Title 18, Section 922(a)(6)

and Section 924(a), USC (State Firearms Control Assistance

Act).

Bond recommended by AUSA, Pittsburgh was $35,000 .

cash or surety,

=

GARRETT was again arrested by a team of Agents

led by SA ROBERT N. SHAW on 11/8/74, based on aforementioned

indictment in WDPA, for Possession of a Firearm by a Convicted

Felon and for violation of the State Firearms Control

Assistance Act. At this time KARL HAND was present but the

aforementioned arrest was effected on the sidewalk in front

of 2213 South Bailey Avenue, Buitalo, New York, without

incident. There were no dogs present at this time.

No further action being taken by this Office in

regards to the letter of KARL HAND,

=::.

3

NW. 88608 Docld:32989532 Page 107

---

## Page 108

mi's

5010-106

OPTIONAL FORM NO, 10

MAY 1962 EDITION

GSA GEN. REG. NO, 27

UNITED-STATES GOVERNMENT

Memorandum

Assoc. Dir.

TO

1 - Mr.

J.

B. Adams

1 - Mr.

J.

A. Mintz

1 - Mr. J. B. Hotis

DATE:

4/14/75

Dep. AD Adm

Dap. AD InV. But

Asst. Dir.:

Admin..

Comp. Syst. _

Ext. Affairs

Filos & Com. -

Gen. Inv..

FROM

w.loifocregar

1 - Mr. W. R. Wannall

1

- MI.

F. Schwartz

1 - Mr. W. 0. Cregar

Ident.

Inspection

Intell..

Laboratory

Plan. & Eval. -

SUBJECT: SENSTUDY

75

Spec. Inv. -

Training

Teläphone Rm. -

Director Sec'y -

This memorandum reports the results of an

Executive

Review for the Intelligence Community on 4/11/75.

#M DR16

ALL INFORMATION CONTAINED

HEREIN IS UNCLASSIFIED

BY SPRAZ

DATE L-19-01

The Executive Committee, hereinafter referred to as

EXCOM, was chaired by Mr. W. E. Colby in his role as the Director

of Central Intelligence (DCI) •

Present at the meeting were

Mr. Roderick Hills, Counsel to the President; Mr. James Wilderottery

Associate Counsel to the President; Mr. Thomas K. Latimer, Special N

Assistant to the Secretary of Defense, as well as senior officials^

of State Department, National Security Agency (NSA) , Office of

Management and Budget, and the National Security Council.

Mr. Antonin Scalia, Assistant Attorney General, was scheduled

to represent the Department of Justice; however, due to a

scheduling foul up Scalia never made the meeting.

The following matters of interest were discusse

at

this meeting:

SENATOR CHURCH'S STATEMENT

"The Washington Post" edition of 4/10/75 contained the

"results of an interview with Senator Frank Church, Chairman of

the Senate Select Committee (SSC)• According to this article,

Church stated the Committee reserves the right to make public

eventually any documents it receives and is accepting nothing

with "strings attached." Mr. Roderick Hills advised the EXCON

that he and Mr. Wilderotter had a meeting with SSC Staff Director,

William Miller

subsequent to the Church

. statement.

Both Hills

and Wilderotter came away from. this meeting believing the

newspaper report was an overstatement of Church's intent.

Considerable discussion followed Mr. Hills' comments.

Mr. Colby

' i?

noted that by letter dated 3/11/75 to Senator Church he confirmed

a previous conversation with Senator Church wherein the Senator

Enclosures

MET 152

62-11639E-

15 MAY 1p: 1975

WOC: Imh Imh

PONDS HOVER

ENCLOSURE

M.' 9T 1975

NW 68608

Mgo. 32989532 Page 108

---

## Page 109

Memorandum to Mr.

Re:

Senstudy 75

W.

R. Wannalt

recognized that certain aspects of intelligence activities

must receive special consideration and treatment (a copy of

Colby's letter is attached). By letter dated 3/12/75, Senator

Church confirmed the receipt of Colby's letter and again stated

that in the event the SSC inquiry touches on such sensitive

areas, Senator Church and Colby should discuss jointly what

procedures should be followed (copy of Senator Church's letter

is attached) •

Following the meeting Mr. Wilderotter advised me that

the White House will prepare a letter to Senator Church recognizing

that Congress can, at its discretion, declassify material it

receives but strongly urging that such declassification action

not be taken unilaterally by the Senate Select Committee without

the approval of the agency originating the information.

Wilderotter stated that the White House expected to speak for

the Executive Branch with a strong voice and that individual

agencies should take

no action regarding the Church statement

until the White House has had the opportunity to clear the air

with Senator Church.

SECRECY AGREEMENT AND EMPLOYEE NOTICE

Attached is a copy of a CIA employee bulletin dated

3/12/75. This bulletin relieves CIA employees from the secrecy

agreement should they be interviewed or should they have to

testify before the SSC. At the EXCOM meeting Mr. Wilderotter

suggested all agencies of the intelligence community employing

a secrecy agreement prepare such an employee notice as well as

a letter to Senator Church advising him that the individual

agency was relieving their employees from the secrecy agreement.

Mr. Colby charged the

Security Committee of the United States

Intelligence Board (USIB) with preparing a draft of such a

bulletin and letter for the guidance of member agencies and

departments.

It is the opinion of Assistant Director Mintz concurred iN

by the Intelligence Division that a general letter to all

employees from the Director releasing them from their obligation

under the FBI employment agreement concerning secrecy for

purposes of possible interviews by representatives of the Senate

- 2 -

CONTINUED - OVER

NW 88608 Docld:32989532 Page 109

---

## Page 110

Memorandum to. Mr.

Re:

Senstudy 75

W.

R. Wannall

Select Committee would be unwise. It cannot be predicted what

level of FBI employee will be contacted for interview or whether

any employee contacted would have sufficient factual knowledge

in order to provide a full responsive reply to Committee questions.

Moreover, an employee without a full understanding of the material

being inquired about may not be aware of the sensitive nature of

the anewes

the answers that might be given.

As written, the employment agreement provides that

the employee to determine prior to disclosure

whether information may be disclosed and that the Director of

the FBI is in a better position than the

employee to make such

a determination.

Therefore, it is the opinion of Mr. Mintz and

the Intelligence Division that if no general letter of release is

issued to all

employees, any member contacted for interview may

rely upon the provisions of the employment agreement as guidelines

for his or her

appropriate response.

Specifically, such an

employee would be obligated to bring to the attention of the

Bureau any such request for an interview and in addition, he or

she would be obligated to describe the general nature of

inquiry. At such time as request for interviews are made we will

be in a better position to determine whether the employee is

the appropriate person and to evaluate the sensitivity of the

material in question.

REVIEW OF WHITE HOUSE DOCUMENTS: BY SENATORS CHURCH AND TOWER:

Mr. Hills advised that both Senators. Church and Tower

have tentatively agreed to review sensitive White House documents

the SSC is interested in in White House space.

They have tenta-

tively accepted the fact that should they believe such documents

are necessary for retention in SSC files, they will accept a

paraphrase of the original document. This arrangement has not

been completely agreed to by Senators Church and Tower but

Mr. Hills is hopeful such an arrangement can be worked out.

BRIEFING OF THE SSC BY THE INTELLIGENCE COMMUNITY STAFF

Mr. Colby advised that during the week of 4/13/75 he

and Mr. John Clarke, Associate Deputy to the Director of Central

Intelligence for the Intelligence Community, will brief the Senate

- 3 -

CONTINUED - OVER

NW 88608 Docld:32989532 Page 110

---

## Page 111

Memorandum to Mr.

W. R. Wannall

Re:

Senstudy 75

Select Committee staff on how the Director of Cental Intelligence

manages the intelligence community. Later in the month, Colby

is hopeful that those senators making up the Committee will also

visit CIA Headquarters for a similar briefing.

KEY ISSUES

My memorandum of 4/7/75 reporting the results of the

last EXCOM meeting identified eleven key issues which the

White House was

particularly interested in (copy of the key

issues attached). As reported in the 4/7/75 memorandum the FBI

has been designated to prepare the paper entitled "Intelligence

Files and Privacy."

Mr. J. Dennis Miller, Legal Counsel Division,

will prepare this paper. He will work with Mr. John Brock,

Office of the Secretary of Defense, as well as Mr. Bob McBrien

of Treasury.

The White House is very interested

in the preparation

of these key issue papers and has asked that the person responsible

for preparing each paper have ready a comprehensive outline as

to how the paper will be constructed on the occasion of the next

EXCOM meeting scheduled for Friday 4/18/75.

THIRD AGENCY RULE

Attached herewith is a paper entitled "Third Agency

Rule" prepared by CIA's General Counsel. It is designed to

acquaint the intelligence community with a background of the

adhere agency rule and to insure that all members of the cormunity

to the third agency rule when responding to requests from

the Select Committees of the Congress.

It is to be noted

Mr. Wilderotter expressed the höpe that all agencies in the

intelligence community will respond to a third agency request

within a 48 hour deadline.

Both the military and CIA felt such

a short deadline was impossible but all indicated they would try

to provide responses within 48 hours when clearance to pass

information to the Select Committees of Congress under the

third agency rule is requested.

=4-

CONTINUED - OVER

NW 88608 Docld:32989532 Page 111

---

## Page 112

"'.:

Memorandum to. Mr.

W.

Re: Senstudy 75

R. Wannall

INTERAGENCY REGISTRY

Attached is a memorandum from Mr. Colby to all USIB

principals dated 4/10/75 describing the establishment Of a

registry to insure that the community is kept informed as to

naterials which will formally be provided to the Select Committe

by all elements of the intelligence community. The Colby

memorandum notes that in order to make the registry useful it

is essential that it include the following:

File copies of documents or other materials which each

intelligence community element provides to a Select Committee

wherein the originating agency considers the material to involve

aspects of community activities. (The Bureau would have very few

items of this nature other than agreements or understandings

the Bureau might have with other elements of the intelligence

community.)

The

second requirement of the registry is that an

abstract of each response to a Select Committee be provided to

the registry for its retention.

The Bureau has already established

a procedure

'for providing such

abstracts to the registry.

RECOMMENDATIONS:

1. In light of the Church statement in "The Washington

Post" and the subsequent conversations the White House has or

contemplates having with Senators Church and Towery it is

recommended that we continue to disseminate all responses to

the SSC except in those sensitive matters that require close

administrative control. In those instances it is recommended

that we advise the Staff Director that such information responsive

to their request is available at Bureau Headquarters and may be

reviewed by himself or a senior staff member of the SSC.

- 5 -

CONTINUED - OVER

NW 88608 Docld:32989532 Page 112

---

## Page 113

Memorandum to. Mr. W. R. Wannall

Re:

Senstudy 75

2. That Liaison Officer Frank Schwartz, the Bureau's

representative on the Security Committee of USIB, present the

Bureau's position regarding the issuance of an employee bulletin.

Do got

ngg

ona

511125

has not trees

Пері!

and the center

it will the.

=6.

NW 88608 Docld:32989532 Page 113

---

## Page 114

NW 88608 Docld:32989532 Page 114

#MOR1G

ATE INPORNE TON CONTAINED ON THIS

ENVELOPE

---

## Page 115

CENTRAL INTELLIGENCE AGENCY

WASHINGTON, D.C. 20505

11 MAR 1975

The Honorable Frank Church

Chairman

Select Committee to Study Governmental

Operations with Respect to Intelligence

Activities

ALL RIPORMATTON COMPASS!

#m de16

United States Senate

HEREIN IS UNCLASSIFIRD

BYSEa ARMIETE

Washington, D. C. 20510

DATE 1-19-0L

Dear Mr. Chairman:

This letter will confirm and reduce to writing some

of the matters agreed upon at our recent meeting.

At the outset, I should like to express my deep

personal appreciation for the candor and helpfulness of

you and Senator Tower in that meeting and for your

sensitivity to the respective responsibilities under our

Constitutional framework of the Select Committee and the

Central Intelligence Agency in the area of your review.

For my part, I should like to renew again, for myself and

the CIA, my promise of cooperation with respect to the

important work of the Select Committee. In my judgment,

a spirit of good faith and cooperative effort is not only

necessary to enable your Committee to discharge its

responsibilities fully and expeditiously, but is indeed in

the best interests of the intelligence community as well.

I am convinced that a responsible and thorough review of

U.S. intelligence activities

will serve to vindicate the

CIA and enhance the public's

contribution that the intelligence efforts of this nation

can make toward the goal of preserving and strengthening

our democracy.

NW 88608 Docld:32989532 Page 115

---

## Page 116

-2-

I am particularly appreciative of your recognition

that certain sensitive aspects of our intelligence

activities must receive special consideration and treatment

by the Select Committee in the course of your work.

AS

we

discussed, such matters as the identities of our sensitive

sources, the material provided to us by cooperating foreign

intelligence services, the details of technical devices and

systems and of operational methods, the identities of certain

..of our employees who could be targets

of kidnapping or

assassination, the identities of American citizens and

organizations

who have cooperated with U.S. intelligence, and

some additional materials the public disclosure of which would

create serious foreign policy or national security problems,

should be protected not only from exposure, but indeed from

We should also work together to protect

certain other information which, it improperly disclosed,

might impair the privacy rights,of individuals.

Where these

kinds of considerations are present, I anticipate that appro-

priate understandings can be arrived at to avoid the risk of

exposing such matters and at the

same time to satisfy the

Select Committee's need for a full understanding of our

activities.

As I stated to you, employees of the Central Intelligence

will be available to the Select Committee for staff

interviews and for testimony.

As we have discussed, this

might require, in some circumstances, special arrangements to

protect the identity of particular employees whose physical

safety or future career might be placed in jeopardy by exposure.

I anticipate that suitable safeguards can be established to

avoid such dangers.

I assume the Committee will make its own

arrangements with respect to ex-employees as to whom I no

longer have the authority to direct their cooperation.

However,

I am available for whatever assistance I can provide in this

regard.

As you are aware, all employees of the Central Intelligence

Agency

are required to sign a secrecy agreement when they enter

on duty.

This is a condition of employment, and it requires

that they keep forever secret all classified information gained

during the course of their employment.

The secrecy agreement

further requires that they may not disclose classified informa-

tion, either orally or by publication, without prior authoriza-

tion from the Director of Central Intelligence.

Under the

secrecy agreement, an employee's obligations with respect to

the protection of

classified information continue after his

employment with the CIA has been terminated.

NW 88608 Docld:32989532 Page 116

---

## Page 117

-3-

It is my desire that the secrecy agreements signed by

our employees shall not impair the necessary work of the

Select Committee.

to accomplish this, and in recognition

of the security protection contemplated by the Select

Committee, I have determined that disclosure of otherwise

protected information to the Select Committee or its designated

staff members will constitute an authorized provision of infor-

mation within the meaning of the secrecy agreements. This

Letter may be used to indicate such authorization for any

Agency employee or ex-employee to furnish information to

the Select Committee or appropriate staff members on matters

which would otherwise be covered by their secrecy agreement,

but which are not among the particularly sensitive matters

such

as mentioned above.

sensitive matters, different procedures are obviously neces-

sary.

Accordingly, where any matter included in these sensi-

tive categories would be involved in responding to the Con-

mittee, the employee should express his concern and, if

possible, propose a way of responding to the Committee without

exposing

such sensitive details.

If the Committee believes

that a disclosure of those aspects is nevertheless necessary,

the matter will be discussed between the Committee and the

Agency. I am prepared to consult with the Committee at any

time

to avoid difficulties in this area and quickly determine

together the appropriate course of action to be taken.

With the good faith evident in our discussions on these

matters, I believe that these arrangements will enable me to

discharge my responsibilities to protect intelligence sources

and methods from unauthorized disclosure, while at the same

time to provide the Select Committee with all the information

it needs to accomplish its task.

As we have agreed, it is in the national interest as well

as that of the Select Committee and the U.S. intelligence

community to ensure that your review proceed as smoothly and

as expeditiously as possible.

Toward that end, I have in-

structed all CIA personnel to respond in a spirit of coopera-

tion.

Sincerely,

E. Colby

Director

NW 88608 Docld:32989532 Page 117

---

## Page 118

THE DIRECTOR OF CENTRAL INTELLIGENCE

WASHINGTON, D. C. 20505

10 April 1975

ALIT

INFORMATION CONTAINED

HERFIN IS UNCLASSIFIED

MEMORANDUM FOR: USIB Principals

SUBJECT:

Community Aspects of Inputs to Congressional

Committees Investigating Intelligence

-

1. The Intelligence Community Staff, with John M. Clarke,

Associate Deputy/IC, as my representative in these matters, will

keep the Board and other appropriate officials advised as to

progress of the investigations conducted by the Senate and House

Select Committees investigating intelligence activities. In particular,

it will ensure that we are kept informed as to materials which are

formally being provided to the Select Committees by all elements

of the Community. The USIB Ad Hoc Group will assist on this

matter and provide the mechanism for regular and constant communi-

cations.

2. In response to this assignment, the Intelligence Community

Staff is establishing a registry for documentation relating to the

investigations. This registry will be a source of reference of all

responses, testimony, et cetera, provided by USIB agencies and

available to your designated representatives.

3. In order to make the registry useful to the Board,

it is

essential that it include:

a. File copies of documents or other materials which

each Intelligence Community element provides to one of the

Select Committees where the originating agency considers

the materials to involve aspects of Community activities,:

and/or which may result in follow-on queries concerning.

the functioning of the Community. The availability of this

documentation will be of particular importance if it is

expected there will be subsequent inquiries relating to the

materials provided and involving elements of the Community

other than the originating element.

NW 88608 Docld:32989532 Page 118

---

## Page 119

-

b. An abstraci of each formal input to a Select

Committee - unless the Intelligence Community registry

is provided with an actual copy of the material itself.

A proposed format for such abstracts is attached.

W. E. Colby

Attachment:

As stated

2

NW 88608 Docld:32989532 Page 119

---

## Page 120

#MDR16

ALL FAT IT CENSATIO GOIAINER

BAD 13L30226

EMPLOYEE

BULLETIN

No. 442

12 March 1975

Senate Select Committee To Review

U.S. Intelligence Activities

Senate Resolution 21 established a Select Committee of the

Senate to review U.S. intelligence activities. The Resolution calls

for a comprehensive review of the total U.S. intelligence effort

and is not restricted to the recent charges and allegations against

CIA alone.

Consequently, it is likely to be far-ranging in its impact.

It is in all of our interests to see that the Select Committee

receives full understanding of our activities and their contribution

to the country as expeditiously as possible. I have every confidence

that the inquiry will be responsible, and constructive, and will pro-

duce new understanding of, and improvements in, the American

intelligence system.

It is with this conviction that I have pledged my personal coop-

eration and that of the CIA. I have advised Senators Church and Tower,

the Committee Chairman and Vice Chairman, that employees of the

CIA will be available to the Select Committee for Staff interviews and

for testimony. We are working with the Committee Staff to design

procedures to facilitate their work in examining topics of concern.

Attached to this bulletin is a letter which I have sent to Senator

Church. To facilitate the necessary work of the Committee and in

recognition of the security protection contemplated by the Committee,

I have determined that disclosure of otherwise protected information

to the Select Committee or its designated Staff members will constitute

authorized provision of information within the meaning of the Secrecy

Agreements signed by each CIA employee, subject to the special proce-

dures and limitations set forth in the letter regarding particularly

sensitive matters. Senator Church has agreed that reference to sensi-

tive data in any Committee report will be subject to consultation between

the Committee and the Agency.

NW 88608 Docld:32989532 Page 120

---

## Page 121

The cooperative spirit of our relationship with the Committee

and its Staff must at the same time take account of the rights of

Agency employees. The Committee Staff has agreed to advise

employees of their Constitutional rights at the beginning of any

interview or other appearance.

When a current Agency employee is selected to be interviewed

by the Select Committee Staff, the Staff Director or Chief Counsel

will normally notify Mr. John M. Clarke, who is my principal

liaison with the Committee and its Staff. Mr. Clarke, in turn, will

notify the employee. The purpose of this is in no way to inhibit the

work of the Committee. It is intended to allow time for the employee

to gain general legal guidance if he wants it, and to obtain security

guidance from an appropriate senior officer.

My own belief is that after a careful review of all U.S. intelli-

gence activities, the Committee will address needed legislative

changes and will reaffirm their confidence in the importance and

contribution of U.S. intelligence programs.

:

"Director"

Director

Attachment: a/s

DISTRIBUTION: ALL EMPLOYEES

NW 88608 Docld:32989532 Page 121

---

## Page 122

ALL IEINVFORMAHIOI CONTAINED

401 9/01/5223

ALL ALM11G

Issues Identified

1. Economic Intelligence and National Security

new discussion.

2. Covert Action and the Law.

3. The Intelligence Budget - open, block or

closed -- notional procedures for handling

past, present and future.

4.

Joint Congressional Oversight Committee

for Intelligence.

5. GAO and the Audit Authorities of U.S.

Intelligence Agencies.

6. Confidential Funds Authorities, Contingency

Reserves, Legal Base, History and Use.

7.

cover for Foreign Intelligence Actions,

Legal and Administrative Issues.

8. Intelligence Files and Privacy.

.9.

The "fact of" question --

international, legal and political

considerations.

10. "Sources and Methods" Legislation.

11.

An additional issue (identified by

Mr. Hills) address

- adequacy or

Inadequacy of present classificatior

procedures - 701 g9441a-tortiitoute

TRENJURY

CIA VOSS

OMB

CIA and OSD

CIA and OSD

GIA and OSD

CIA and State

FBI and OSD

Shirterla, 050

конкок Тай

State

OMB and Justic

Legal Office,

Justice, was

assigned the

initial respon-

sibility of

drafting a

paper with

inputs from th

Agencies.

Names are to be forwaided ASAP.

NW 88608 Docld:32989532 Page 122

---

## Page 123

RANK CHURCH, IDAHO, CHAIRMA!

HN G. TOWER, TEXAS, VICE CHAIRMA

PHILIP A. HART, MICH.

WALTER F. MONDALE, MINN.

HARRY GOLDWATER, ARI TENN

GOLDWATER, ARIZ.

WALTER D. HUDDLESTON, KY.

CHARLES MCC, MATHIAS, JR., MD.

ROBERT MORGAN, N.C.

RICHARD S. SCHWEIKER, PA.

GARY HART, COLO,

WILLIAM G. MILLER, STAFF DIRECTOR

*notre. Registry

251246

¿Crited Staies Senate

SELECT COMMITTEE TO

STUDY GOVERNMENTAL OPERATIONS WITH

RESPECT TO INTELLIGENCE ACTIVITIES

(PURSUANT TO S. RES. 21, 84TH CONGRESS)

WASHINGTON, D.C. 20510

March 12, 1975

Ad Hoc Staff

75-103

mant 1

Mr. William E. Colby

Director of Central Intelligence

Central Intelligence Agency

Washington, D.C.

20505

ALE TNPORMATXON EATAOEL6

HEREIN IS UNCLASSES R2 ALMAIE

DATEL 19101 BY =

Dear Mr. Colby:

On behalf of the Senate Select Committee To Study Governmental

Operations With Respect to Intelligence Activities, I want to thank

your for your letter of March 1l, and the copy of the Employee Bulletin

you have issued to all CIA employees. As we jointly recognize, in

order for the Committee to carry out a thorough inquiry, in accordance

with the mandate,contained in S. Res. 21, the Agency's full cooperation

will be necessary. Your recognition that our mandate authorizes all,

past and present,

agency employees to cooperate fully, and without

impediment due to secrecy agreements, will serve to facilitate oux

expeditious collection of material relative to that mandate.

I particularly appreciate your statement recognizing our security

precautions.

As you know, your staff was very helpful to the Committee's

staff in designing those precautions.

The Staff Director and the Chief Counsel will, under the direction

of the Committee, notify Mr. John Clarke of the members of the Committee

who have been designated to carry out studies, inquiries and investigations

, required to meet the tasks specified in S. Res. 21.

It is the Committee's understanding that the members of the Committee

and designated staff will have access to any and all information which

the Committee determines is necessary for its inquiry. We recognize,

however, that the committee inquiry may touch on sensitive areas, such

as the identity of CIA personnel, sources, or cooperating organizations

whose disclosure could place persons in actual jeopardy. In the event

that the Committee inquiry touches on such sensitive areas, which matters

we have already discussed in our meeting of February 27, we shoula discuss

jointly, and as you suggest quickly, what procedures might be followed

should the Committee decide it requires more information in these specific

areas.

NW 88608 Docld:32989532 Page 123

---

## Page 124

Mr. William Colby

Page Two

March 12, 1975

I welcome these first steps in close cooperation and hope that

it forecasts an expeditious and thorough inquiry that will result in

the strengthening of our nation's intelligence activities under the

law.

Sincerely,

Tosh

Frank Church

Chairman

NW 88608 Docld:32989532 Page 124

---

## Page 125

10 April 1975

#MORIG

ALZ FEI INTORNAMON CONTATI

EBRETT TO UNCLASSIS

DATEL 107-0

BZ.5

ALM

The Third Agency Rule

1. As early as November 1953, the third agency rule was included

in Executive Order 10501, which has now been revoked. Section 7(c)

prohibited the dissemination of "classified defense information originating

in another Depariment or agency" to an agency "outside the receiving

Department or agency without the consent of the originating Department

or agency." The only exception to this rule is that dissemination may be

made under the authority of Section 102 of the National Security Act. This

section authorizes the Director of Central Intelligence "to correlate and

evaluate intelligence relating to the national security, and provide for the

appropriate dissemination of such intelligence within

the Government using,

where appropriate, existing agencies and facilities. "

2. Historically, the responsibility of the Director of Central Intelli-

gence to disseminate intelligence has referred to "finished intelligence."

This product is the end result of contributions from members of the Intelli-

gence Community. Therefore, in this situation the finished product is a

homogenous product and therefore the approval for further dissemination

beyond the receiving agency must come from the Director of Central

Intelligence.

3. Executive Order 10501 was superseded by Executive Order 11652

which became effective 1 June 1972. This Executive order did not specifically

cover the third agency rule. However, it does provide the following controls:

Sec. 9. Special Departmental Arrangements. The originating Department or

other appropriate authority may impose, in conformity with the provisions of

this order, special requirements with respect to access, distribution and

protection of classified information and material, including those which

presently relate to communications intelligence, intelligence sources and

methods and cryptography.

4. In anticipation of the implementation of Executive Order 11652, a

directive was issued on May 17, 1972 entitled "National Security Council

Directive Governing the Classification, Downgrading, Declassification and

Safeguarding of National Security Information. " This directive does not

contain the term "third agency rule" but does have four subsections which

relate to procedures which are similar to what historically had been called

the third agency rule. These sections are:

A. (2) Determination of Need-to-Know. In addition to a

security clearance, a person must have a need for access to

the particular classified information or material sought in

connection with the performance of his official duties or

contactual obligations. The determination of that need shall

be made by officials having responsibility for the classified

information or material.

NW 88608 Docld:32989532 Page 125

---

## Page 126

D. Consent of Originating Department to Dissemination by

Recipient. Except as otherwise provided by Section 102 of the

National Security Act of 1947, 61 Stat. 495, 50 U.S.C. 403,

classified information or material originating in one Department

shall not be disseminated outside any other Department to which

it has been made available without the consent of the originating

Department.

E. Dissemination of Sensitive Intelligence Information.

Information or material bearing the notation "WARNING NOTICE --

SENSITIVE INTELLIGENCE SOURCES AND METHODS INVOLVED":

shall not be disseminated in any manner outside authorized

channels without the permission of the originating Department

and an assessment by the senior intelligence official in the

disseminating Department as to the potential risk to the national

security and to the intelligence sources and methods involved.

F. Restraint on Special Access Requirements. The establish-

ment of special rules limiting access to, distribution and

protection of classified information and material under Section 9

of the Order requires the specific prior approval of the head of

a Department or his designee.

5.

Examples of the application of the third agency rule are:

(a) In a national security estimate, contributions are

received from all members of the Intelligence Community, then

disseminated to members of the community under the authority

of the DCI. Recipients may not disseminate the estimate outside

the Intelligence Community without the approval of the DCI;

(b) A CIA intelligence report disseminated to the State

epartment may not be sent by the State Department to th

epartment of Commerce without the permission of the CIA

(c) Information which the CIA furnishes the Eresident's

Commission may not be disseminated to other agencies or to the

Congress without the concurrences of CIA. Thus, a request

from the Congress to the Commission for CIA information should

be referred to CIA for action so that the necessary protection of

the information can be insured;

NW 88608 Docld:32989532 Page 126

… .

---

## Page 127

(d) If the Navy Department discusses one of its operations

with CIA, CIA may not include information about that operation

in papers it disseminates to other agencies unless it has

received the permission of the Navy Department. The distinc-

tion here is that a Navy operation would not be considered part

of the finished intelligence mechanism and therefore would

not fall within the statutory authority of CIA to disseminate

intelligence;

(e) If a State/DOD joint cable is disseminated to CIA, CIA

may not send the information to the FBI until CIA has received

the concurrence of both State and DOD.

NW 88608 Docld:32989532 Page 127 o

---

## Page 128

filt

CODE

TO SACS ALEXANDRIA

BALTIMORE

NEW HAVEN

NEWARK

OMAHA

TELETYPE

FMDRIG

AUT INDORATTON CONTRITIS

EASE 1-19-0/

URGENT

5/2/75

PERSONAL ATTENTION

FROM DIRECTOR FBI (62-116395)

1

- ME. J.

A. Mintz

- Mr. W

R.

Wannall

- hir.

W. 0. Cregar

1

- Mr. S. F. Phillips

SENSTUDY 75

CAPTIONED MATTER PERTAINS TO BUREAU'S HANDLING OF REQUESTS

FROM SENATE AND HOUSE SELECT COMMITTEES TO STUDY GOVERNMENTTAL

OPERATIONS WITH RESPECT TO INTELLIGENCE ACTIVITIES. IN

COLLECTION WITH WORK OF THESE COLMITTEES, STAFF MEMBERS MAY

INTERVIEW CURRENT AND FORMER FBI EMPLOYEES. THE SENATE SELECT

COMMITTEE (SSC) STAFF HAS ALREADY INTERVIENED SOME FORMER

EMPLOYEES. NEWARK TELETYPE APRIL 30 LAST "ADMINISTRATIVE

INQUIRY; 1964 DEMOCRATIC PARTY NOMINATING CORVETTION,

ATLAUTIC CITY, NEW JERSEY," REPORTED ADVICE FROM FORMER

• SPECIAL AGENT JOLT P. DEVLIN THAT HE HAD BEEN ITERVIENED BY

MICHAEL I. EPSTEIN,

SSC STAFF MEMBER, CONCERNING DIVLIN'S PART

REC-89

Personnel File of Each Former SA

68114-375-12109

Assoc. Dir. -

Dep. AD Adm. =

Dep. AD Inv.

Asst. Dir.:

Admin. -

Comp.Syst..cu

Ext. Affairs ..

SFP :elw

4)

Files & Come-.

Gan. Inv.

Ident. -

Inspection

Intell.

Laboratory

Plan. & Eval.

Spec. Inv. -

Training -

Legal Coun. me

Télephone Rm. m

OMAY 1 619/5

Director Soc'y-.

MAIL ROOM L

TELETYPE UNIT t

MW 88608 Docld:32989532 Page 128

MAY 8

SEE NOTE PAGE THREE

FEDERAL BUREAU OF INVESTIGATION

COMMUNICATIONS SECTION

XEROX"

MAY O 21975

TEN 11 1875

TELETYPE

TRICORDED

COPY, FIED

G70 951-546

---

## Page 129

TELETYPE TO SACS, ALEXANDRIA ET AL

RE:

SENSTUDY 75

62-116395

IN FBI'S ACTIVITIES AT DEMOCRATIC CONVENTION, ATLANTIC CITY,

AUGUST 22-28, 1964.

SET OUT BELOW ARE NAMES AND LAST KNOWN ADDRESSES OF FORMER

BUREAU AGENTS ASSIGIED IO SPECIAL SQUAD AT ATLANTIC CITY,

AUGUST, 1964, EACH OF THESE FORMER AGENTS IS TO BE INMEDIATELY

CONTACTED AND ALERTED THAT THEY MIGHT BE APPROACHED BY THE SSC

STAFT. THEY ARE IOT, REPEAT NOT, TO BE ADVISED OF THE AREA WHICH

HAY BE COVERED IT AITY INTERVIEM OF THEM BY THE SSC. THEY SHOULD,

HOWEVER, BE TOLD THAT IN THE EVENT THEY ARE INTERVIEWED AND DURING

THE COURSE OF SAME, QUESTIONS ARE ASKED WHICH RELATE TO SENSITIVE

BUREAU OPERATIONS, THEY CAN REQUESI THAI AN FBI AGENT BE PRESENT.

CONTACTS WITH THESE FORMER AGENTS TO BE HANDLED PERSONALLY BY

SAC OR ASAC. II THE EVET THIS NOT FEASIBLE FOR JUST CAUSE, TO

BE HANDLED BY A SENIOR SUPERVISOR.

IMNEDIATELY AFTER CONTACI, RESULIS SHOULD BE FURNISHED BUREAU

BY TELETYPE IN ABOVE CAPTION. IF A FORMER AGENT NO LONGER IT

YOUR TERRITORY OR TEIPORARILY AWAY, SET OUT LEAD TO OTHER OFFICE

IMMEDIATELY WITH COPY TO FBIHQ.

NEWARK SHOULD INCLUDE RECONTACT WITH DEVLIN FOR PURPOSE

INDICATED ABOVE AND ALSO FURNISH BUREAU ANY INFORMATION DEVLIU

MAY HAVE FURNISHED YOUR OFFICE IN ADDITION TO THAT IN YOUR TELETYPE."

- 2 -

NW 88608 Docld:32989532 Page 129

---

## Page 130

TELETTPE TO SACO, ALEXAFIRIA IT AL

BEas

SENSTUDY 75

62-114395

ALEXANDRIA: HAROLD I. LEINSUCH, 1643 BONTH VAN DORI,

ALIZANDRIA, VILLIAS F. GEOMGE, 9330 HAGON ¡NIXO, ROAD, ALEXAMDRIA

BALIIMORS: DOÑALI G. HANNING, 18 OXFORD SINZEL, CILEVY CHASE

NEW HAVIN: HOBSON H. ADCOCK, 65 GLIBROOR ADAL, STAMPORD,

COMMECTICUI.

THANK: LED INHAS CLARE, 1A2I ATLANTIC AVENUE,

AILANTIC CIST, JOEN PAIRICK DEVITA, 39 BENHINGIOS ROAU,

LIVINGSTON, MIY JERSTT, MOHARD J. WILSON, 30 CAMPBELI ROAD,

SHORT HILLS, SEN SERSET.

OHAMA: JOHN J. QUINA, IOVA LÁN ENFORCINI ACADIA,

JONESTON, IONA

NOTE:

Addresses are most recent available in personnel file.

of these former Agents.

The Newark teletype mentioned was

sent

up with an informative note advising that we had checked with

Mr. James Wilderotter,

Associate Counsel to the President, and

he interposed no objection to our contacting former Agents who

particiated in the special squad we had at Atlantic City in

8/64 and advising them they might be approached for interview

Assistant Director Mintz concurred in the Intelligence

Division recommendation that we, on approval, contact the former

Agents as indicated in this outgoing teletype.

Director J. B. Adams advised of his agreement with this recommen-

dation and for instructions to go forward to the field.

Howard J. WILSon

one of the former Agents designated

to be contacted, resigned for family reasons after being censured

suspended, placed on probation, and transterred for unsatisfactory

work performance detected during an inspection of the Newark Office.

Howeve is test be to the ence and i teles should be

included among those former Agents to beckontacted.

NW 88608 Docld:32989532 Page 130

---

## Page 131

4312 (Rev. 12-11-73)

Date of Mail

5/8/75

Has been removed and placed in the Special File Room of Records Section.

PANS

See File 66-2554-7530 for authority.

ATL INFORMATION CONTAINIDON

-IS UNCLASSIFIED

Subject

JUNE MAIL U.S. SENATE SELECT COMMITTEE IO STUDY GOVERNMENTAL

OPERATIONS WITH RESPECT TO INTELLIGENCE ACTIVITIES

Removed By

17 9 MAY 1 9 1975

File Number

62-116395-126

Permanent Serial Charge Out

DOS/ FBI

NW 88608 Docld:32989532 Page 131

---

## Page 132

OPTIONAL FORM NO. 10

5010-106

GEN. REG

NO, 27

UNITED STATES GOVERNMENT

Memorandum

: Mr. J. B. Adams

FROM

Legal Counsel

DATE: 4-9-75

#MORIS

ATL, INFORNATION CONTAINED

HEREIN IS UNCLASSIFIED

DA 1-19-01 BYSP-2 ALMA-KG

SUBJECT: SENATE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIES

HOUSE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIES

salter

During various contacts with William Miller, Staff Director of

the Senate Select Committee, and Congressman Lucien Nedzi (D-Mich.),

Chairman of the House Select Committee, the question has come up regarding

the need for a check of the private offices of individual Committee Members to

assure the absence of any electronic listening devices. The Committee

personnel have been told that we consider this absolutely essential and they

agreed.

Assoc. Dir.

Dop. jAd Adm. f

Dept

Asst.

Agalín.

Comp. Syst. -

Ext. Affairs

Files & Com..

Gen. Inv.

Ident.

Telephone Rm. -

Director Sec'y -

In exploring this matter, it was determined that the Capitol

Police Department recently has established a special unit to handle all types

of security problems within the Capitol Hill complex, including checks for

electronic listening devices. Personnel of this unit have received extensive

training, some from CIA. The operations of the unit are controlled through

the Sergeant me e one an one an eul coite Pain get.

This matter has been discussed with Robert Hough, Deputy a

Sergeant at Arms of the Senate, and with Kenneth Harding, Sergeant at Arms

of the House. Hough advised that the special unit already has conducted com-

plete security surveys of the new office space of the Senate Select Committee

and certainly will perform any other checks of this type needed by the Committee

or its individual Members. He said, in fact, that since they now have this

capability they would oppose any outside agency coming on to the lato pertorm

this function. Hough said he already has been in contact with Miller regarding

the necessary security chefstand stated he will let us know whentegrigera

the Senate Select Committee/have been checked. He said their rules require

specitic requests from the individual Members in writing.

62-11

1 - Mr. Adams

REC-100

Crega:

1 - Mr. Wannall

BOX*

1 - Mr. Farringtoi

1 - Mr. White

1 - Mr. Mintz

JUN 11 1975

1 - Mr. Bowers

MA",

DWB:kjs (9)

MAY 14 1975

CONTINUED - OVER

SEE ADDENDUM PAGE TWO

Kiw 8668 Docld:3

989532 Page 132

---

## Page 133

Legal Counsel to Mr. Adams Memo

RE: SENATE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIES

HOUSE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIES

This matter was discussed with Congressman Nedzi on 4-9-75,

and he stated he would promptly contact Mr. Harding to work out the necessary

arrangements for security checks needed by his Committee and its Members.

Harding has promised to let us know when the checks of the House Select Committee

Members have been completed.

All contacts concerning this matter have been handled by

Inspector Bowers who will continue to follow this situation with Senate

Sergeant at Arms, William Wannall, or his Deputy; House Sergeant at Arms

Harding; Mr. Miller of the Senate Select Committee; and Congressman Nedzi.

RECOMMENDATION:

For information.

quet

ADDENDUM:

INTELLIGENCE DIVISION

WOC:ekw 4/14/75

On 4/11/75 the Executive Committee of the Ad Hoc

Coordinating Group on Congressional Review for the Intelligence

Community was apprised of the discussions with Mr. Robert Hough,

the Deputy Sergeant at Arms of the Senate and with Mr. Kenneth

Harding, Sergeant at Arms of the House. Although the Executive

Committee would have preferred the FBI to conduct audio sweeps,

they interposed no objection to the sweeps being handled by the

Capitol Police Department. Mr. Roderick Hills, Counsel to the

President, requested, however, that both Mr. Hough and Mr. Harding

be requested to periodically advise the FBI as to the sweeps of

Committee space for electronic listening devices.

Specifically,

Mr. Hough and Mr. Harding should be asked to furnish the FBI the

following: How frequently they will conduct a counteraudio sweepg

what offices will be swept, will the results of such sweepsbe

furnished the FBI, and will the FBI be immediately notified should

the Capitol Police locate an electronic listening device?

31°

- 2 .

NW 88608 Docld:32989532 Page 133

---

## Page 134

5-113a (Rev. 3-21-73)

DREIN /S UACLANSITIED

19/01

telligence Division

IN FORMATIVE NOTE

Date

5/5/75

Attached teletype reports results of

contacts by Newark Office with three former

Bureau Agents to alert them they might be

contacted by staff of Senate Select Commit-

tee on Intelligence Activities (SSC).

Former SA Leo Clark (e.o.d. 1/11/43;

retired 2/1/65; Sr. RA, Atlantic City,

New Jersey, 1944 to retirement) was bellig-

erent concerning our contact of him. He

had previously testified before Watergate

Committee regarding 1964 Democratic Conven-

tion in Atlantic City and gave same infor-

mation to SSC Staff Members 4/17/75.

(Clark was one of Agents on FBI special

squad at Atlantic City during convention) :

ACTION:

Copy of this teletype being placed in

personnel file of former SA Clark

for due

consideration should interview of him be

entertained in the future.

Whin

WRu

1

- Mr. J. A. Mintz

- General Investigative Division

- Inspection Division

gis

PLM

SFP: 1fj

NW 88608 Docld:32989532 Page 134

DOJ/FBI

---

## Page 135

4-312 (Rev. 12-11-73)

Date of Mail

3/27/75

Has been removed and placed in the Special File Room of Records Section.

See File 66-2554-7530 for authority.

#MDR)6

ALL INPORMATION CONTAINS, FORM

MARIS UNCLASSIFIED.

ON PRES

DATE 1-19-01 BXSP-2 REMIFTE

Subject

JUNE MAIL

SENSTUDY -75

Removed By

File Number

7 9 MAY 1 9 1975

62-116395-124

Permanent Serial Charge Out

DOS/ FBI

NW 88608 Docld:32989532 Page 135

---

## Page 136

ABS0E

Dir.

Dep-At-Ade

Dep-A.D.=nv

1sst, bir.

NR014 NK CODED

FEDERINE BUREAU OF INYESTIGATION

COMMUNICATIONS SECTION

MAY Q 7 1975

Admin.

Comp, Syst.

Ext. Affairs

Files & Com.

2:42PM URGENT 5/2175 DJP

DIRECTOR (62-116395)

FROM NEWARK

KAREL AS WACLASSTFLET

SENSTUDY 75

Gen, Inv. -

Ident.

ETYPE

Inspection

Intell.

Jaboradrey

Plan. & Evad.

Брес. Inv. -

Training -

sex 23

Legal Coul. -

RE:

BUREAU TELETYPE TO ALEXANDRIA,

MAY 2, 1975.

Telephone His one

Director Secy

FORMER SA, LEO THOMAS CLARK CONTACTED MAY, 2, 1975, BY SAC

PAUL J. MOHR AND HE WAS TOLD HE MIGHI BE INTERVIEWED BY THE SSO/SEVAE

SELECT

STAFP MEMBERS AND THAT IF QUESTIONS WERE ASKED WHICH RELATED TO

SENSITIVE BUREAU OPERATIONS HE COULD REQUEST THAT AN FBI AGENT !

BE PRESENT. CLARK VOLUNTEERED HE WAS SUBPOENAED BEFORE WATERGA TE

(CAT)

COMMITTEE AND TESTIFIED. ALL THIS MATTER WAS REPORTED IN PRESS.

A§LSO VOLUNTEERED THAT ON APRIL 17, 1975, HE WAS INTERVIEWED BY

OMMITTEE STAFF MEMBERS IN WASHINGTON, D.C. ON SAME MATERIAL RE-

GARDING 1964 DEMOCRATIC PARTY NOMINATION CONVENTION.. STAFF

EMBERS VERE MICHAEL EPSTEIN, MONK GATERSTEIN, LOCK LOHNSON. _ HE

AID

THEY HAD ALL OF HIS PREVIOUS TESTIMONY AND WENT QUER SAME,

MATERIAL. AT THE END OF THE CONVERSATINES-100 ARK BECAME BELIGERANT,

-116545

STATING HE ONLY IOLD THE TRUTH REGARDING HIS ACTIVITIES THE 23

BUREAU AND ADVISED THE BUREAU TO DO THE SAME. HE WANTED $5O MANOW 1975

• WHAT ASSISTANCE AN AGENT COULD RENDER TO HIM AND WHO INSTRUGTED

ce: 0744073511

THAT HE BE CONTACTED AND FOR WHAT REASON. CLARK WAS ADVISED WE

MERELY INTENDED TO ASSIST HIM AND HE COULD ACCEPT IT OR NOT.

FORMER SA, HOWARD J. WILSON, SHORT HILLS, N.Jo, ALERIED

Recores.

66 67-16406

PERS.

BEC.

'UNIT

CC

6. 7.

-359446 C Clares

4 MAY 1 5 19756 7=

534504 (wilson)

NW 88608 Docldi32989532 Page 136

220s21 (Div/in)

---

## Page 137

PAGE TWO

ASAC WILLIAM BAILEY PER RETEL AND WAS APPRECIATIVE AND STATED

HE HAD NOT BEEN CONTACTED BUT WOULD ADVISE THE NEWARK OFFICE IF

CONTACTED IN THE FUTURE.

FORMER SA, JOHN PATRICK DEVLIN, LIVINGSTON, N.J., CONTACTED

BY ASAC WILLIAM BAILEY AND ALERTED PER RETEL AND STATED HE HAD

NO ADDITIONAL INFORMATION OTHER THAN SET FORIH IN NEWARK TELETYPE

APRIL 30 LAST.

END

HOLD FOR FOUR

MAH FBIHQ ACK FOR ONE

NW 88608 Docld:32989532 Page 137

---

## Page 138

it

INFORMATION CONTAINE.

UNCLASSIFIB

ORAI, INFORMATION PROVIDED TO THE

SENATE SELECT COMMITTEE (SSC)

ILVESTIGATING IICELLICENCE ACTIVITIES

1, - Mr. J. A. Mintz

1 - Nr. W. R. Wannall

Hay 2, 1975

1 - Mc. I. 0. Cregar

2. - Mir. S. F. Phillips

1,1.

SUBJECT: Martin Luther King, Jr.

2. WITNESS' ORGANIZATION: Mc. Lish Whitson,

cetired Special Agent, FBI

3. CLASSIFICATION OF INFORMATION: Unclassified

4. SUMMARY OF CONTENT:

Mir. Whitson vas questioned and furnished information

concerning the former FBI investigation of Martin Lucher King, Jr.

5. DATE OF INTERVICU AND BEFORE VHOM:

Intervier conducted by Mr. Michael Epscein, Staff

Member, SSC, in person 4/23/75; supplemented by information

Ipstein obtained fron Whitson telephonically 4/24/75.

6. OSCANIZATION METER 0 6 2-116 3002-1

FBI file 62-11639

7. RELATION TO INPELLIGENCE COMMUNITY PROBLAN

80 MAY 13 1975

62-116395

Assoc. Dir. - 1 - 100-106670 (Martin Luther King, Jr.)

Dep. AD Adm 1 - 67-29405 (Personnel File Retired SA Lish Whitson)

Comp. Syst..

Ext. Affairs.

_(10)

PLM

FiC NOTE: Originalivia liaison to Certral Community Index in

Inspection.

- connection with Sen: tudy 75. Memorandum from W. R. Hannall to

Intell. -

J. B. Adam: 4/23/75 "Senstudy 75; Former Supervi:or Lish Whitson,

Labrao Assigned Intelligence Division,

Plan. & Eval.

recommended, and it was approved,

Spec. Inv.-

that an Abstract would be provided for the records of the Central

Training

Community Index concerning the interview of Whit on by the SSC.

Telephone Rm. -

Dirgstor Secky tue

(TELETYPE UNIT

NW 88608-Dbcld:32989532 Page 138

Gi0) 954-546

---

## Page 139

1 - Mr. McNiff

ALL INFORMATION CONTAINLU

May 5, 1975 2-Mr. S.F. Phillips

HEREIS UNCLASSIFIED

MATERIAL, FOR JOINI COMMITTEE

DATE Z 20-ET BYSPY

ON INTERNAL REVENUE TAXATION

JAAT

6026

1.

TITLE/SUBJECI: FBI's Investigation of Extrenist

Organizations and Individuals

2. ORIGINATING ORGANIZATION: FBI

3.

NATURE OF MATERIAL: Letter from FBI to Mr. Laurence N.

Woodworth, Chief of Staff, Joint Committee on Internal Revenue

Taxation, dated 4/10/75.

4. DOCUMENT CLASSIFICATION: Unclassifled

5. NATIONAL SECURITY INFORMATION STAMP: NA

6. SUMMARYDOFCCONTENTS: The Joint Committee requested the

names of BT employees who made the declalon o provtde the Spect

Service Staff (Activist Organization Committee) of the Internal

Revenue Service with FBI reports relating to the FBI's investi-

gation of extremist organizations and individuals. The FBI

response was that the matter had been thoroughly researched and

It was established that the decision in the above matter was

personally made by the late J. Edgar Hoover, then Director of the

Revenue Taxation. 3/28/75

I REQUESTER/DATE OF REQUEST! Jolnt Committed on Intere

REC-100 62-1/639

8. RELEASING AUTHORITY: FBI

9. DATE OF SUBMISSION: 4/10/75

10. LOCATION OF FILE COPY: 62-17909-1104 18 MAY 13 1975

Assoc. Dir.

Dep. AD Adm. -

Dep. AD Inv.

11. RELATION TO INTELLIGENCE COMMUNITY PROBLEMS. This

Asst. Dir.:

Admin.

matter is of joint interest to the FBI and the Internal Revenue

Comp. Syst.

Service.

Ext. Affairs

Files & Com. -

762-116395

Gan. 10v. SFP :ekw (5)eKw

Ident.

Inspection -

NOTE:

Originagvia liaison to Central Community Index in

Intell. -

connection with

Senstudy 75. See memorandum R. L. Shackelford to

Plan. & Eval. Mr. W. R. Wannall 4/4/75 "Internal Revenue Service Investigations

Spec.Inv. of New Left and Extremist Organizations and Individuals," IJM/dgr.

Legal Coun

Telephone Rm.

&"A MAY 1 5 1975 ROOM M

TELETYPE UNIT L

& works

GD0 957-546

IW 88608 Docld:32989532 Page 139

---

## Page 140

AOsUC.

Dir.

FEDERAL BUREAU OF INVESTIGATION

COMMUNICATIONO SECTION

MAY U b 1973

Dep.-A.D.-Adnau

Dep.-A.D.-Inv..

Asst. Dir.:

Admin.

Corny. Syst.

Dict. Affair

TO FTYPE

Files & Com

Gen. Inv.

#RD04 NK CODED

Ident.

3:55PM URGENT 5/5/75 DJP

TO DIRECTOR (62-116395)

#MDR16

inspection e

Latell.

ATE, INFORMANTON CONSTERGO

Lab ratory

FROM NEWARK

11401 26Pan/S

Plan. & Eval -

spec. Inv. -

Training

Legal Coun

SENSTUDY 75

Telephone Mi

Director Sec'y

RE BUTELCALL OF SUPERVISOR SEYMOUR PHILLIPS IO SAC, NEWARK,

MAY 5, 1975.

FORMER SA JOHN PATRICK DEVLIN WAS RECONTACTED-BY ASAC,

NEWARK, AND FURNISHED FOLLOWING INFO ON MAY

5, 19158

HE WAS ORIGINALLY CONTACTED BY THE SENATE SELECT

COMMITTEE (SSC) STAFF MEMBER MICHAEL

I EPSTEIN TELEPHONICALLY

AT WORK (HERITAGE BANK - IRON, MORRISTOWN, NOU.) A DAY OR TWO

PRIOR TO HIS INTERVIEW ON APRIL 25, 1975. MR. EPSTEIN DID NOT

INDICATE IN ADVANCE AREA OF INQUIRY CONTEMPLATED AND WHEN

KED BY FORMER SA DEVLIN HOW HE, EPSTEIN, HAD OBTAINED HIS,

VLIN"S, PHONE NUMBER AT WORK, EPSTEIN INDICATED, "YOU KNOW,

VE GOT WAYS." IN ADDITION, EPSTEIN TOLD HIM THAT THE SSC HAD 2O

EN GIVEN A BROAD SCOPE OF INQUIRY AND WERE RANDATED TO LOOK INTO

ACTIVITIES OF VARIOUS INTELLIGENCE GATHERING AGENCIES.

46 MAY 13 1975

RSTEIN DID NOT

MENTION THAT HE HAD ANY TYPE OF CLEARANCE BUT

WAS VERY POSITIVE IN HI'S POSITION THAT THE SSC HAD BEEN

MANDATED BY CONGRESS TO CONDUCT INQUIRIES. EPSTEIN EXHIBITED

57-2215-1(Derlia)

12-116315

8 4 MAY 1 5 1975.

NW 88608 Docld:32989532 Page 140

---

## Page 141

PAGE TWO

AN IDENTIFICATION CARD CONTAINING HIS PHOTOGRAPH TO IDENTIFY

HIMSELF AND HE DID NOT PLACE DEVLIN UNDER OATH. EPSTEIN DID

NOT INDICATE WHERE HE HAD RECEIVED INFORMATION REGARDING:

DEVLIN'S PARIICIPATION IN THE 1964 ATLANTIC CITY .CONVENTION

AND WHEN ASKED BY DEVLIN, HE INDICATED ONLY THAI, "WE'VE

GOT WAYS".

DEVLIN INDICATED THAI. EPSTEIN'S INQUIRY WAS CONCERNED

PRIMARILY WITH MARTIN LUTHER KING AND THE ELSUR COVERAGE

AFFORDED KING. EPSTEIN'S INTEREST APPEARED IO ALSO CENTER

AROUND WHO TOLD DEVLIN TO GO TO ATLANTIC CITY AND THE AIMS

AND PURPOSES OF THE FBI'S ACTIVITIES AT ATLANTIC CITY. EPSTEIN

SEEMED TO BE DRIVING AT THE POLITICAL OVERTONES CONNECTED WITH

THE ATLANTIC CITY COVERAGE AND HE ASKED QUESTIONS PARTICULARLY

INVOLVING THE LEGITIMACY OF THE FBI'S INVESTIGATION AND WHETHER

OR NOT FORMER VICE PRESIDENT HUBERT HUMPHREY AND THE LATE. ROBERT

KENNEDY WERE MONITORED. AS BEING IN CONTACT WITH KING.

FORMER SA DEVLIN INDICIAED HE WOULD IMMEDIATELY ADVISE

NEWARK SHOULD HE BE RECONTACTED REGARDING THIS MATTER.

END

MEB FBIHQ CLR

NW 88608 Docld:32989532 Page 141

:

---

## Page 142

4-312 (Rev. 12-11-73)

Date of Mail

5/2/75

Has been removed and placed in the Special File Room of Records Section.

See File 66-2554-7530 for authority.

ON THiS"

ATL INTORMATION CONTAINED FORm

FIS UNCLASSIFIED

DATE 1/19 0/ BX.SPFALMIFE

Subject

JUNE MAIL

SENSTUDY -75

Removed By

File Number

8 9 MAY 1 9 1975.

62-116395-119.

Permanent Serial Charge Out

NW 88608 Docld:32989532 Page 142

DOJ/ FBI

---

---

## Page 143

TO

FROM

OPTIONAL FORM NO. 10

5010-106

MAY 1902 EDITION

GSA GEN. REG, NO. 27

UNITED STATES GOVERNMENT

Memorandum

: Mr. W.R. Wannall

w.ol are

regar

SUBJECT::

SENSTUDY 75

DATE:

5/1/75

ATOC

IL TNFORMATION CONTAINE

HEREIN IS UNCLASSIFTED

DATE 1/19/01 BYSEE ALMITAS

1314

Assoc. Dir. -

Dep. AD Adm. _

Dep. AD Inv. -

Asst. Dir.:

Admin.

Comp. Syst.

Ext. Affairs

Files & Com.

Gen. Inv..

Ident.

Inspectioh

Intell. -

Laboratory

Plan. & Eval. _

• Spoc. Inv..

On 4/30/75 Mr. Donald E. Moore, Chairman of the

Security Committee, U. S. Intelligence Board, furnished

the attached list of Senate Select Committee staff members

who have been certified by the Chairman of the Select

Committee to the Central Intelligence Agency as having been

cleared for access to classified information up to and

including Top Secret based upon a background investigation

conducted by the FBI within the last five years. Certain

of these individuals have also been certified by the

Select Committee for access to compartmented classified

information in accordance with the requirements of Director

of Central Intelligence Directive 1/14.

Copies of the list of staff members are being

attached to the tickler copies of this memorandum for

retention by personnel who may be in contact with the

Select Committee staff.

ACTION:

For information and record purposes.

REC-100

Enclosure

LIES: tap (8) Hap

1 - Mr. Adams

- Mr. Mintz

Mr. Wannall

Mr. J.C. Farrington

Mr.

J.B. Hotis

Mr.

Cregar

Mr. Schwartz

Gist

624116395-

18 MAY 13 1975

d. t

NinA 1% 1311975

Docld:32989532 Page 143

---

## Page 144

Name

DPÓB

Aaron,

David

8/21/38 I1.

Bader, William

9/8/31 N.J.

Baron, Frederick

12/2/47 Conn.

Benz, Charity I.

7/23/46 N.Y.

Brooks, Nancy

2/14/40 Ky:

Carter, Barry

12/14/42 Cal.

Chesnik, Barbara

4/18/46 WI

Davis, Lynn

9/6/43 FL

Dawson; Thomas

9/9/52 Minn.

De Oreo, Mary

6/13/47 Ohio

•Dillon, Molly

4/16/51 Va.

'Dwyer, Daniel

8/24/52 Ma.

Epstein, MichaelT.

3/10/37 Mass.

Fenn, Peter

12/12/47 Ma.

Gitenstein, Mark

3/7/46 Ala.

Greissing, Edward

11/27/50 Germany

Hatry, Audrey

6/10/23 Md.

Inderfurth, Karl

9/29/46 N.C.

Johnson, Dorothy

6/8/25 OR

7: 1

Johnson, Loch

2/21/42 N.Z.

Kieves, Lawrence

1/4/48 N.Y.

Kirbow, Charles

10/2/22 Ga.

Lombard, Charles

6/2/30 FR

Liebengood, Howard

12/29/42 IN

McDonald, Naldeen

a Madigan, Michael I.

10/19/51 Brazil

4/18/43 D.C.

• Marshall, Benjamin

5/4/19 NE

Maxwell, Eliot E.

7/24/46 N.Y.

Mecham, Martha E. 2/11/40 Ca.

Miller, William G.

8/15/31 N.Y.

O'Flaherty, Jas. D.

11/4/42 Ill.

Orloff, Jan

11/14/47 Ca.

Peterson, John E.

6/15/41 Ca.

Pitts, Susan

10/24/53 Canada

Romberg, Alan

12/1/38 N.Y.

Schwarz, F.A. 0.

4/20/35 N.Y.

Shea, Patrick

2/28/48 Utah

Smith, Stephanie

3/23/54 OH

Snider, Lewis B.

1/12/45 N.C.

Towell, Mary

4/25/44 TN

Wides, Burton V.

6/14/41 N.J.

11901.

#moç16

CLASSIFIED BY SPAALM

DECLASSIFY ON: 25X,

NW 88608 Dold 32989532 Page 144

ENCLOSURE

20523

SSN

550-44-7971

545-30-3377

494-54-5241

053-38-7410

313-38-6773

567-56-8854

390-46-2235

042-36-9155

471-60-1688

287-42-6258

150-38-4588

023-44-8792

026-28-6318

213-50-1128

420-60-8767

296÷50-4113

216-14-8691

245-74-5617

540-20-6413

566-62-0478

068-38-6464

252-12-5112

578-44-9471

307-44-9707

225-78-8708

042-34-3797

485-28-4503

133-34-4225

528-48-6848

109-26-4349

239-62-8495

558-74-8394

565-56-7707

020-40-7638

107-30=8583

084-30-2047

528-64-1965

282-58-6476

246-72-0956

566-64-7628

139-30-1936

Compartmented Clearances

SI,

SI,

TK, BYC

4/15/75

TK,

BYC

4/17/75

(5)

(S)

EI,

IK, BY 4/24/75

/Si,

TK, BYg4/17/75

B, 1K, BY 4124175

SI,

SI,

SI,

SI,

SI,

(SI,

SI,

(5)

TK, BYC 4/24/75

TR, BYC 4/24/75

Тк, вX64/15/75

TK. BYC 4/17/75

TK, BYS 4/15/75

TK, BYC 4/15/75

TK, BYC 4/15/75

(5)

SI,

TK, BYC

14/24/75

SI,

TK, BYC 4/15/75

SI,

TK, BXg 4/15/75

(E, IK, Bx54/24/75

5I, IK, BX@4/17/75

(5)

116395-118

---

## Page 145

1 - Mr.

.

A. Mintz

1 - Mr.

W.

R. Wannall

May 6, 1975

HEREIN IS UNCLASSIFIED

DATE 2-2081 BY SPELAnIA

6076

ORAL INTORMATION PROVIDED TO THE

SENATE SELECT COMMITTEE (SSC)

INVISIIGATING INIELLIGENCE ACIIVITIES

1 - Mr. W. O. Cregar

2-Mr.S.F. Phillips

1. SUBJSCT: Martin Iuther King, JI.

2. WIINESS' ORGANIZATION: MIC. John P. Devlis, retired

Special Agent, FBI

3. CLASSIFICATION OF INFORMATION: Unclesalfied

4. SUMMARY OF CONTENT!

M. Doviin was quartioned and furnished Information

soncerning: the former YBI investigation of Martin Iuther

K1n8, Jr.

S. DATE OF INTIAVINH AND BEFORE WHOM:

Interrian conduated by Mr. Michaal Ipatein, Staff,

Maraber, SSC, 4/25/73.

REC-100

62.11639577

6. ORGANIZATION REFERENCE NO: FBI flle 62-148J4}, 13 1975

1. RELATION IO INTILLIGINCE COMMUNITY PROBLIMS: None.

62-116395

1 - 100-106670 (Martin Iuther King, Jr.)

1 - 67-220521 (Personnel File Forner SA John P. Devlin)

D.01

Tec!

5/9125

Assoc. Dir.

Dep. AD Adm.

Dep. AD Iriv..

NOTE:

Original via liaison to Central Community Index in

Asst. Dir.:

connection with Senstudy 75. The furnishing of this Abstract is?:

Admin.

pursuant to protedure previously established in connection with a

Comp. Syst.

*Ext. Affairs

similar Interview by Ipstein of former Agent Lish Whitson.

Files & Com.._

Gen. Inv.

ident.

upu

Inspection

Intell.

Hest

TAM

270

Laboratory

Plan. & Eval. -

Spoc. Inv. -

Training

Legal Coun.

pin

Telephone Rm.

giage My 1 3 1975 ROOM

TELETYPE UNIT O

G7() 951-546

NW 88608 Docld:32989532 Page 145

---

## Page 146

ALL INFORMATION CONTAINEÚ

HEREIN IS UNCLASSIFIED

1 - Mc. J. A. Mintz

May 6, 1975

1-Mc.W.R.Hannall

DATE 2-20•81 BYSP4 SAIL

6074

PRAL INFORMATION PROVIDED TO IHI

1-Mr. HI. O. Cregar

2-Mr. S.F Phillips

SENATE SELECI COMMITTEE (SSC)

INVESTIGATING INTELLIGENCE ACTIVITIES

1. SUBJECT: Martin luther King, Jr.

2. WITNESS' ORGANIZATION: Mic. Daniel J. Brennan, Jr.,

retired Special Agent, FBI.

3. CLASSIFICATION OF INFORMATION: Unclassified

4. SUMMARY OF CONTENT:

Mr. Brennan was questioned concerning the former

FBI invertigation of Martin luther King, Jr., upecifically

during 1964. However, he was unable to furnish any of the

requested information concerning the King investigation as

he could not recall any information of the nature desired.

5. DATE OF INTERVIEW AND BEFORE THOM:

Interview conducted by lit. Michael Epstein, Staff

Lember, SSC, 5/2/75.

6. ORGANIZATION REFERENCE NO: FBI file 62-116395.

7. RELATION TO INTELLIGENCE COMMUNITY PROBLEMS: None.

62-116395

1 - 100-106670 (Martin Luther King, Jr.)

FILED

Assoc. Dir..

62.116243-

Dep. AD AN NOTE:

Dep. AD Inv.:

Original via liaison to Central Community Index in

Asst. Dir.:

connection with Senstudy 75. The furnishing of this Abstreet i

Comp. syst pursuant to procedure previously established in connection

with a

Ext. Affairs similar interview by Epstein of former Agent Lish Whiês&H! 13 1975

Gen, Inv.

Ident.

inspection

intell. -

Laboratory

Plan, & Eval. -

Spec. Inv. _

Training -

Legal Coun. _

Telephone Rm.

puM

Director Sec'y -=

MAIL ROOM L

TELETYPE UNIT I

TW 88608 00 437989532 Page 146

GiP0 951-346

---

## Page 147

PTIONAL FORM NO. 11

3010-106

LAY 1902 EDITION

GSA-GEN. REG. NO. 27

UNITED STATES GOVERNMENT

Memorandum

Assoc. Dir. _

1 - Mr. J. B. Adams

1 - Mr. I. J. Jenkins

Dep. AD Adm. -

Dep. AD Inv. _

Asst. Dir.:

Admin..

Comp. Syst. -

TO

MR. J. B. ADAMS

DATE: April 25, 1975

Ext. Affairs —

Files & Com. -

1 - Mr. J. A. Mintz

Gen. Inv. _

JEROM

:MR.

W.

R.

WANNAL. I,

1 - Mr. A. J. Decker

Ident. .

1 - Mr. W.. R. Wannall

1 - Mr. W. O. Cregar

Laboratory .

Plan. & Eval. -

SUBJECT. SENSTUDY 5-

1 - Mr. S. F. Phillips

Spec. Inv..

FORMER SUPERVISOR LISH WHITSON

raining

Led Gouns

ASSIGNED INTELLIGENCE DIVISION

Reference is made to my memorandum to you 4/24/75

reporting interview by Michael Epstein, Staff Member of the

Senate Select Committee on Intelligence Activities, of retired

SA Lish Whitson concerning a trip to Miami, Florida, by Whitson in

1964. The trip was for the purpose of mailing a package to the late

Martin Luther King, Jr., and indicated we were checking our records

for information regarding the expense voucher and Government

Transportation Request:: (GIR) issued by Whitson and would report

our findings.

ArT INFOrMATION CONTAINEL

7725VJ

Jay Deane Cox, Voucher Unit, Data Processing Section,

Computer Systems Division, supplied the following information as

to the records available concerning Whitson's travel and what the

procedures generally are for maintenance of travel and voucher

records. The Voucher Unit maintains a travel Authority Card

(TAC) for all investigative and any other FBI employees who have

ever had GIRs issued to them.

The TACs are retained indefinitely

as there is no provision for their destruction. For every voucher

processed, there is recorded the voucher period, amount of voucher,

date processed and record of any GIRS 1854 116395-115

The IAC for Whitson piveals entries to show that

12/9/64 a voucher was processed for payment to Whitson in the

suin

of $19.40 for travel during the period 11/1-30/64.

With that

voucher was a memorandum copy of a GTR issued 11/21/64 to National

Airlines in the sum of $107.40 for air coach travel, Washington, D.C.,

to Miami and return. Attached to instant-memorandum-is a Xerox of

Enclosure

CONTINUED OVER

62-116395

1 - 67-29405 (persot Stale Hormer SA Lish Whit son Oli

SEP : ekw;

(9)

> 4. MAY 1 3 194

NW 88608 Docld:32989532 Page 14

pines

---

## Page 148

Memorandum to Mr. J. B. Adams

RE: SENSTUDY 75, FORMER SUPERVISOR LISH WHITSON

ASSIGNED INTELLIGENCE DIVISION

62-116395

the entries to the GTR. have been reconstructed to make them

readable on this serox. The memorandum copy, which is being

retained in the Voucher Unit, is readable. The markings or

the reverse side of the Xerox have no bearing on the date of

travel but are merely entries relative to the payment to National

Airlines. It might be noted that the issue date of this GIR,

11/21/64, has been determined to be a Saturday, which is the

day of the week Whitson recalled making the trip to Miami.

According to Cox, the Bureau does not maintain copies

of the actual vouchers and there is only a bare possibility that

matter, would be maintained anywhere in the overment, such

as at the Federal Records Center.

ACTION:

None.

For information.

gon

- 2 -

NW 88608 Docld:32989532 Page 148

---

## Page 149

Faid ofter

The

in furnish

BILL TO

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D.C.

National Virtues

_Tempany is requested t

Chay Th

43,925,594

front

to transhort not. over

i Lith, Whiton

steal Went

TRAVELER MUST ASCERTAIN COST OF TRANSPORTATION AND/OR

ACCOMMODATIONS AND RECORD IN SPACES BELOW

107.40

RANSFURTATION AMI

107.40

ACCOMMOPATION AMT

TICKET AGENT WILL NOT ACCEPT THIS

and

_ollicas with

TIF HOUNO TRIP SERVICE ACOUIREO WAITE ENO RETURN T

" Washes

CERTIFY

SONAURE LATE

FISCAL DATA

APPROPRIATION AUTHORI

0502

21-70

_with authorization

ETC.)

8

NOT FOLD;

SANDLE OR AUTILATE

ME DRANDUM CARD COPY

¿he Erited States of America

Transportation Request

ENCLOSURE

62-11a395-it)

#MONG

ALL INFORMATION CONTAINED

IS UNCLASSIFIED

DATE: 1-19-01

BYSP-LALMT

NW 88608 Docld:32989532

Page 149

---

## Page 150

irise is sen

no n.....

(This spare may be usud to lurther rdontly sorvises regurred) -

STANDARD FORM NO. 116%0

Form prescribed by Comprioliar General U.S.,

May 1, 1955, in Genere! Regulations No. 123.

INSTRUCTIONS TO TRAVELERS

1. This memorandum should ba forwarded in accordance with administrative insiructions.

2. Inasmuch as the memorandum card copy of the transportation request

serves a very

impoitant administrative record, care must be exercised that such copy is legible and

complete in all respects when forwarded.

3. Indicate above the actual services furnished where same varies from that requested.

(See paragraph 1 of "CONDITIONS" on reverse of original request.)

NW 88608 Docld:32989532. Page 150

---

## Page 151

DeTIONAL FORM NO. 10

5010-104

NAY 1962 EDITION

GSA GEN. REG. NO, 27

UNITED STATES GOVERNMENT

Memorandum

TO

Mr. J. B. Adams

Assoc. Dir. -

Dep. AD Adm. -

Dep. AD Inv. —

Asst. Dir.:

Admin:

Comp. Syst. -

Ext. Affairs

Filesyfi Com.

'Gen

FROM

:

W. R.

Wannal I eu

DATE: April 24, 1975

#MOR16

ALT. INFORMATION CONTAINED

Inspection.

SUBJECT:

SENSTUDY 75)

FÖRMER SUPERVISOR LISH WHITSON

ASSIGNED INTELLIGENCE DIVISION

Memorandum captioned as above 4/23/75 reported on

interview of Mc. Whitson by Michael Epstein, staff member of

the

Senate Select Committee.

The interview related to Whitson's

trip to Miami in 1964 at the instructions of former Assistant to

the Director William C. Sullivan to mail a package to Martin Luther

King.

Plan. & Eval. -

Spec. Inv. -

Training

Legal Coun. -

Telephone Rm. -

Director Sec'y -

Whitson telephoned my office twice this morning. At 10:35 a.m.

he advised that Epstein had asked him by telephone how Whitson had

made the trip to Miami, meaning how it was paid for. Whitson told

him he had issued a Government Transportation Request (GTR). Epstein

asked whether there was any prior written authorization for Whitson

to make this trip and Whitson

told him there was none.

Epstein

asked what kind of record would have been made covering the trip.

Whitson explained that the only record that he knew of would be

the expense voucher he submitted covering the expenses involved

and possibly the copy of the GTR which he had issued. He explained

to Epstein the voucher would merely show the GIR had been issued

for a round-trip to Miami and how much per diem had been claimed

in connection with the trip.

In advising of the foregoing, Whitson stated it was his

recollection he had made

• the Miami

trip either in the late Summer

or early Fall of 1964 and that Martin Luther King was "away" at

zing tac

the time.

In my absence from the office, Whitson called again at

11:05 a.m. to say that Mr. Epstein asked him as to whether he had

registered at the Airport Hotel in Miami and, if so, whether it was

under his own name.

under his own name at this hot@REC-100:

Whitson told Epstein that he had registered

62-116395-114

ACTION:

MAY 6 1975

We are checking our records for infermation regardin

the expense voucher and GIR issued by Whitson in eonnection with

this trip and results will be reported.

WRW: Iml (6)lre

ME: Adats

guin per

Personnel File of SA Lish Whitson (Out of Service)

Phil

whel

8 4 MAY 1 3 1975

NW 88608 Docld:32989532 Page 151

---

## Page 152

3

NO, 10

5010-106

NÃY 1962 EDITION

GSA GEN. REG. NO. 27

UNITED STATES GOVERNMENT

Memorandum

TO

: Mr. J. B. Adams

DATE: 4-25-75

FROM

Legal Counsel h

MiSUBJEGT:

SENATE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIES

Bolifer

HOUSE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIES

J0w/25

Reference Legal Counsel to Mr. Adams memorandum oi

4-9-75 to which the Intelligence Division placed an addendum dated

4-14-75 showing that Roderick Hills, Counsel to the President, had

requested that the Sergeants at Arms of the Senate and House of

Representatives keep the Bureau advised regarding checks made for

electronic listening devices in the offices of captioned Select Committees.

#MORG

ALL INFORMATION CONTAINED

HARRIS IS UNCLASSIFIED

BY SEZALM

DATEA-1T-O

This was discussed on 4-23-75 by Inspector Bowers with

senate Sergeant at Arms William Wannall and his Deputy, Robert Hough.

they were amenable to notiying us concerning the checks they make of

Senate Select Committee space and the offices of the Members of this

Committee. Hough was designated by Wannall to handle this matter.

Hough advised that the special Capitol Police unit had made a check

of Room S146 in the Capitol on that date (4-23-75) prior to a meeting

of the Senate Select Committee in that room and found nothing. Hough

stated they have received no requests whatever to make any checks of

the offices of individual Committee Members. He said he had discussed

this matter with William Miller, Staff Director of the Select Committee,

and Miller indicated it would be taken up with the Committee but he has

heard nothing further from him.

REC-100

62-116585-113

• On 4-24-75 Bowe rs discussed this matter with Kenneth

Harding, Sergeant at Arms of the House of Representatives.

Harding

stated he has had no requests for any checks of the Members offices or

E1.

MAY € 1973

1 - Mr. Adams

1 - Mr. Wannall

1 - Mr. White

1 - Mr. Mintz

1 - Mr. Cregar

1 - Mr. Farrington

1 - Mr. Bowers

MA!

37797?

XEROX

DWB:kjs

(9)

11197₴

FOUN

N 836684 bốciã:32380632 Page 152

CONTINUED - OVER

Assoc. Dir. -

Dop. AD Adm. -

Dap. AD Inv. -

Asst. Dir.:

Admin..

Comp. Syst. _

Ext. Affairs _

Files & Com. -

Gen. Inv.

Ident.

Spec. Inv.

Training -

Telephone Rm. -

Director Sec'y —

!

116

1

BEDLO SORT

---

## Page 153

Legal Counsel to Mr. Adams Memo

RE: SENATE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIES

HOUSE SELECT COMMITTEE

ON INTELLIGENCE ACTIVITIES

space of the House Select Committee since the Committee really has not

begun to function as yet. He said he has discussed this matter with

Committee Chairman Lucien Nedzi, and he certainly will give us

complete accounting of checks they make of this Committee's space and

the space of the individual Members of the Committee.

RECOMMENDATION:

For information.

ours

pim

- 2-

NW 88608 Docld:32989532 Page 153

---

## Page 154

OPTIONAL FORM NO. 10

5010-106

MAY 1862 EDITION

GSA GEN. REG. NO. 27

UNITED STATES GOVERNMENT

Memorandum

Assoc, Dir.

:

Mr. J. B. Adams

DATE: 3-12-75

FROM

: Legal Counsel..

SUBJECT:

Admir

Compo Syst.

Ext. Affairs

Files & Com.

Gen. Inv.

Ident.

Inspection

Intell..

Laboratory

Plan. & Eval. -

Spec. Inv. -

Training -

Logal Couril

¿Telephone Rm. -

Director Sec'y -

MORIA

ALa

ALL INFORMATION CONTAINED

HEREIN IS UNCLASSIFIED

DATE 1-19-01 BXSPZ

SENSTUDY

DESTRUCTION OF BUREAU FILES

AND RECORDS

Re my memorandum to you dated 2-14-75.

As indicated in referenced memorandum, the Bureau's

program concerning destruction of files and records has been suspended

until we can determine whether it involves any documents that might

be of interest to the Senate Select Committee on Intelligence Activities.

We contacted William G. Miller, Staff Director for the

Committee, and he asked that we withhold further destruction of files

until the Committee Counsel, who had not been appointed at that time,

had an opportunity to review the matter. Mr. F. A. O. Schwarz 30,

a New York attorney, was recently named the Committees Chief Counsel.

It is recommended that representatives of the Files and Communications

Division and the Legal Counsel Division meet with Mr. Schwarz and

Mr. Miller at the earliest opportunity to resolve this matter.

RECOMMENDATION:

That representatives of the Files and Communications

Division and the Legal Counsel Division meet with the Chief Counsel

and Staff Director of the Senate Select Committee on Intelligence Activities

to determine whether the Bureau's destruction program can be reinstituted.

RE6S6 62-116395-117

MAY 2 1976

1 - Mr. Callahan

1 - Mr. Adams

1 - Mr. Jenkins

1 - Mr. McDermott

1 - Mr. Ash

1 - Mr. Wannall

1 - Mr. Mintz

1 - Mr. Farrington

1 - Mr. Hotis

BH

MAY

13

NW 88608 Docld:32989532

Page 154

UMAY 8 1975

1975

---

## Page 155

OPTIONAL FORM NO. 10

MATO EO1ON

GSA GEN. REG. NO. 27

UNITED STATES GO. ERNMENT

Memorandum

Assoc. Dir.

Dep. AD

Dop. ADI.

Asst. Dir.:

Admin.

Comp. Syst. —

Ext. Affairs —

TO

: Mr. J. B. Adams

SUBJECT:

SENSTUDY '75

DATE: 4-24-75

FEMDRIG

KI, TIFORMATTON CONTAINED

HEREIN IS UNCLASSIFIE

WITS 1-19-01 BYSPAALMISTE

Files & Com. -

Gen. Inv. -

Ident. -

Inspection

Intell..

Laboratory

Legal Courie

Plan. & Evc

Spec. Inv.

Training

Telephone Rm. -

SAC Thomas Kitchens of the Louisville Office

Director Sec'y -

telephonically advised on 4-23-75 that former Section Chief Fred Baumgardner.

had been contacted by Michael Epstein, staff member of the Senate Select

Committee, and Epstein had sought to arrange an interview of Baumgardner.

SAC Kitchens advised Baumgardner requested that a Bureau representative

be present during his interview. SAC Kitchens further advised that Baumgardner

will telephonically contact SA Paul V. Daly on 4-24-75.

On 4-24-75 at 2:30 p.m., former Section Chief Baumgardner

telephonically related that he had been requested to come to Washington for

the purpose of being interviewed by Michael Epstein, staff member of the

Senate Select Committee. Baumgardner advised Epstein that he would make

himself available for interview but at his office at 970 South 4th Street, Louisville,

Kentucky, telephone number 584-5183. Mr. Baumgardner expressed concern

regarding the interview pointing out that he was Section Chief in the Intelligence

Division for some 18 years and during the time was continually dealing with

very sensitive matters which he felt were not the proper subject matter of discus-

sion

with people outside the FBI. Additionally, he pointed out he has been

out of the Bureau for some eight years and since he is not aware of current

Bureau operations he, therefore, requested the Bureau have a representative

present during the interview and that the Bureau representative so designated

be thoroughly familiar with Intelligence Division operations so that he might

be made aware of those areas which are sensitive and might compromise

current Bureau investigations. He suggested that the Bureau representative

should arrive sometime the day before the proposed interview which is

|| 4-29-75 so that he may have a preliminary discussion with the Bureau repre-

sentative concerning those areas in which he has knowledge of and may be

sensitive.

REC-56

6

16375-

RECOMMENDATION:

EX-110

MAY 1 1975

That a representative of the Intelligence Division be made

available to be present during the interview of former Section Chief Baumgardner

to assist Mr. Baumgardner in insuring that he does not divulge or compromis

sensitive material.

LEGRAM

1 - Mr. Wannall

1 - Mr. Mintz

MAY

ge 4351975

1 - Mr. Cregar

1 - Mr. Farrington,

13i/p00

1 - Mr. Hotis

1 - Mr. Daly

NW 88608 Docld:32989532 Page *

---

## Page 156

OPTIONAL FORM NO?*10

5010-106

MAY 1962 EDITION

GSA GEN.

REG. NO. 27

UNITED STATES GOVERNMENT

Memorandum

TO

Mr. J. B. Adams

W. R. Wannalth

SUBJECT:

SENSTUDY 75

FORMER-SUPERVISOR LISH WHITSON

ASSIGNED INTELLIGENCE DIVISION

Assoc. Dir. __

Dep. AD Adm. -

Dep. AD Inv. -

Asst. Dir.:

Admin. -

Comp. Syst. -

DATE: May 1, 1975

Ext. Affairs -

Filos & Com.

Gen. Inv.l

ALL INFORMATION CONTAINÉD...

HEREIN IS UNCLASSIFIED

DATE2.20-8/ BYSP4

Laboratory

Plan. & Eval. -

Spec. Inv

Traiting

Legal Couri

Telephone Rm. -

Director Sec'y -

40%6

Previous memoranda have reported former Supervisor

Whitson's contact with the Bureau to report concerning an interview

interview related to Martin Luther King, J.

on 4/30/75 Whitson telephoned my office to report that

he had been trying to establish in his mind the specific date when

he made a plane trip from Washington National Airport to Miami,

Florida.

He had previously said he thought it was in the late

Summer of 1964. During a subsequent call he fixed the time as

Whitson stated that to the best of his recollection, this

his call was expressed to

• Whitson,

Memorandum 4/25/75 in captioned matter has reported

the location of information from the files of the Voucher Unit,

Data Processing Section, showing that Whitson traveled by plane

to Miami utilizing a GTR issued 11/21/64. It has been determined

DNEECORDED COPY

this date was on a Saturday, it being noted Whitson previously

stated he made the trip to Miami on Saturday and the return trip

the next day, a sunday.

ACTION:

REC- 106 62=116395-110

For information and record purposes& MAY

7 1975

М He315

None.

WRW: 1m1/ (6)

1 - Mx. Adams

- Mr. Mintz

- M. Cregar

1

- Mx. Wannall

1 - Personnel File of SA Lish Whitson (Out of Service)

pur

+160-106670

Glee

5-qup0

Nữ 884g81 Peld: 32989532 Page 156

---

## Page 157

transfe

Ad Hoe Staff

75-464

THE DIRECTOR OF CENTRAL INTELLIGENCE

WASHINGTON, D. C. 20505

30 APR 1975

Intelligence Community Staff

File

MEMORANDUM FOR: Members of the USIB Ad Hoc

Coordinating Staff

SUBJECT

:

Security Clearances

on 25 April 1975, we provided you a listing öf the

security clearances to date for members of the Senate

Select Committee Staff. Attached is a listing of eight

additional Staff personnel certified by Mr. William G.

Miller, Staff Director, as meeting the requirements of

Executive Order 10450 for access to classified informa-

tion up to and including Top Secret. •

Attachment:

as

stated

HackEshomas

John M. Clarke

ASsockate Deputy to the DOI

fox the Intelligence Community

REC 106 602 - 16.325=104

18 MAY 7 1975

OANTETRESTS

#m0z16.

LENCIOSURE

IREN IS U

DATE 111-0

N88868 D6cla 37589532 Page 157

---

## Page 158

30 April 1975

Staff. Members of the Senate Select Committee on Intelligence

Activities who have received a security investigation by the

Federal Bureau of Investigation within the past five years

and are certified as meeting requirements of EO 10450 for

access to classified information up to and including Top

Secret.

NAME

DATE & PLACE OF BIRTH

Belva Brissett

Margaret Carpenter

Joan Erno

Arthur Harrigan

Diane LaVoy

James Rowe

Elizabeth Smith

Martha

• Talley

6-23-41

8-27-44

8-30-46

3-16-44

11-10-48

6-6-51

6-21-49

9-7-50

Oklahoma

California

D. C.

New York

Venezuela

D.C.

New York

No. Carolina

SOC. SEC. NO.

440-44-6374

555-62-6129

215-46-2988

141-34-1031

165-40-3119

579-62-6719

076-42-0199

245-88-1368

#mON/6

SUERCEL

VATECH CONTAINED

1116

NW 88608 Docld:32989532 Page 158

ENCLOSURE

61-116-395-107

---

## Page 159

OPTIONAL FORM NO. 10

5010-106

MAY 1962 EDITION

GSA GEN. REG, NO, 27

UNITED STATES GOV

ERNMENT

Memorandum

TO

Mr. W. R. Wannally

M. o. cregar 08

SUBJECT: SENSTUDY 75

1 - Mr. J. B. Adams

1 - Mr.

J. A. Mintz

1 - Mr. E. W. Walsh

DATE: 4/22/75

1 - Mr. J. B. Hotis

1 - Mr. W. R. Wannall

. - Mr. W. O. Cregar

Assoc. Dir. -

Asst. Dir.:

Admin.

Comp. Syst. —

Ext. Affairs

Files & Com. -

Gen. Inv.

Ident.

Inspectior

Intell.

Laboratory

Plan. & Eval.

Spec. Inv.

Training)e

Legal Coun

Telephone Ritu

Director Sec'y -

This memorandum reports the results of an

Executive Committee meeting of the Ad Hoc Coordinating

Group of Congressional Review for the Intelligence Community

on 4/21/75.

The Executive Committee, hereinafter referred to

as the EXCOM, was chaired by Mr. John Clarke, Associate

Deputy to the Director of Central Intelligence (DCI) for

the Intelligence Community, in the absence of Mr. William

Colby (DCI), who had been called to the Hill to testify

on the current situation in Vietnam.

Present at the

meeting were Mr. Philip Buchen and Mr. Roderick Hills,

Counsels to the President; Mr. James Wilderotter, Associate

Counsel to the President; Mr. Thomas K. Latimer, Special

Assistant to the Secretary of Defense, as well as senior

officials of the State Department, National Security Agency

(NSA), Office of Management and Budget, and the Treasury

Department.

was scheduled to represent the Department of Justice but

failed to appear.

#EMOR6

ATT INTORMATION CONTAINED

HORNIN IS UNCLASSIFIED

BY SP-2-AEM

DATE 2-19-0/

The following matters of interest were discussed

at the meeting:

KEY ISSUES

The purpose of the key issue papers is to completely

familiarize the White House with all facets of certain key

issues which could arise from Senate Select Committee (SSC)

deliberations.

It is hoped these key issue papers will

permit the President's Counsel to be a more articulate

advocate of the intelligence community should any, of these

issues by raised.

62 1163959108

REC- IDE

Enclosures

1E MAY 7 1975

62-116395

WOC: Imh imh

(7).

N886 MAY dId: 32985532 Page 159

'ENCLOSURE

CANE MASTER demasi

CONTINUED - OVER

---

## Page 160

Memorandum to Mr.

W: R. Wannall

Re:

Senstudy 75

Memorandum Cregar to Wannall dated 4/14/75 reported

that Mr. J. Dennis Miller of the Legal Counsel Division was

preparing the key issue paper entitled "Intelligence Files

A copy of the outline for this paper was

presented to the EXCOM with the commitment that a draft of

the paper would be ready for review in the next two to three

weeks.

Another key issue paper is one being prepared by

Mr. Warren D. Magnusson of CIA entitled "G. A. O. and the Audit

Authorities of U. S. Intelligence Agencies."

Mr. Wilderotter

suggested Mr. Magnusson consult with the FBI inasmuch as

the Bureau was currently being audited by GAO.

Mr. Robert

Finzel of the Intelligence Division maintains liaison with

GAO representatives auditing the Intelligence Division.

Mr. Finzel's name will be furnished Mr. Magnusson for

consultation purposes in line with the suggestion from

Mr. Wilderotter.

WHITE HOUSE RESPONSES TO SSC REQUESTS

Enclosed is a copy of a memorandum from James A.

Wilderotter to Mr. John Clarke dated 4/16/75. The memorandum

advises that the White House provided copies of the Colby

report : (including annexes), as well as a list of documents

to the Senate Select Committee on 4/14/75. The Colby report

is the document prepared for the President following the

Seymour Hersch articles which appeared in "The New York Times"

alleging CIA was engaged in massive domestic surveillances.

GUIDELINES FOR PARAPHRASING CERTAIN DOCUMENTS PROVIDED TO

THE SELECT COMMITTEES

Memorandum Cregar to Wannall dated 4/7/75 attached a

copy of sanitization guidelines for documents provided to

Congressional Select Committees.

Attached to this memorandum

are new guidelines entitled "Guidelines for Paraphrasing

Certain Documents Provided to the Select Committees."

In

essence the attachment is almost identical to the sanitization

guidelines. The reason for the change is the White House

prefers the word "paraphrase" rather than "sanitization." Thus,

guidelines under the paraphrasing description were promulgated.

- 2'-

CONTINUED - OVER

NW 88608 Docld:32989532 Page 160

---

## Page 161

Memorandum to Mr. W. R.. Wannall

Re: Senstudy 75

LETTER TO THE ATTORNEY GENERAL FROM SENATOR EDWARD M. KENNEDY •

Attached hereto is a copy of a letter Senator Kennedy

has directed to the Attorney General.

Copies of this letter

were furnished to the EXCOM by Mr. Wilderotter.

In furnishing

a copy of this letter, Mr. Wilderotter noted that the

Department of Justice would handle the response to senator

Kennedy after

consultation with individual agencies as well

as the White House.

Wilderotter was furnishing a copy to

members of the EXCOM for coordination purposes. He further

advised that the Department of Justice's response would be

made a matter of record with the Interagency Registry.

ACTION:

For information and record purposes.

- 3'-

NW 88608 Docld:32989532 Page 161

---

## Page 162

SECRET ATTACHMENT

- Ad Hoc Staff

55-331

• THE WHITE HOUSE

WASHINGTON

April 16, 1975

MEMORANDUM FOR:

FROM:

DR. JOHN M. CLARKE

Associate Deputy to the DCI

for the Intelligence Community

JAMES A. WILDEROTTER

On Monday, April 14, the White House provided copies of

tha "Colky Report" (including the annexes) and the attached list

of documents to the Senate Select Committee as classified docu-

ments. NSCIDs 4, 5, and 6 -- as well as the obsolete and

superseded NSCIDs corresponding to them -- were not provided

to the Committee.

#mOR16

ALL ISI INFORIVATION CONTÄIED

SECRET ATTACHMENT

NW 88608 Docid:32989532: Page 162

"ONCLOSURE

621163951108

---

## Page 163

SECRET

AZE NEt MNNORMATICN CONTAMTED

Sucheeles

BE D190 PEAn 17%

• LIST OF DOCUMENTS TO BE RELEASED TO THE

SENATE SELECT COMMITTEE ON INTELLIGENCE ACTIVITES

1.

National Security Council Intelligence Directives (NSCIDs) --

These directives prescribe the organization and division of respon-

sibility of the various elements of the intelligence community; provide

procedures for the collection and production of overt intelligence;

establish

a communications system for the rapid reporting of

critical intelligence information; and establish the National Photo-

graphic Interpretation Centei.

• 2e0

Obsolete and Superseded NSCIDs.-- These documents predate the

existing directives (in itern #l above) but provide essentially the same

guidance under the bureaucratic structure established by previous

petrations.

3:

Letter from President Nizon to Director Helms - This letter,

issued following a major review and restructuring of the intelligence

community, set forth the Director's responsibilities and established

goals to channel his further effort. 11/5/71

4. : NSAM 57 - Paramilitary Operations - This memorandum defines

paramilitary operations; states US policy for rendering assistance

to such operations overtly or covertly and establishes a procedure

for the planning and approval of paramilitary operations. 6/28/71

5. NSAM 121 - Establishment of the Special Group (Counter-

Insurgency) -- This 1962 memorandum set forth procedures for

ensuring the use of all availablo government resources in preventing

and resisting subversive insurgency and related forms of indirect

aggression in friendly countries.

6.

NSAM 190 - Establishment of an Executive Committee of the

National Security Council - This 1962 memorandum established a

committee to serve as a crisis management group during the

Cuban missile crisis.

7: NSC 5511 -- Establishment of a Net Evauation Subcommittce

This 1955 directive established a subcomittec of the NSC for the purpose

of providing estimates of the capability of the USSR to inflict direct

injury on the US in time of general war.

NW 88608 Docld: 32989532 Page 163

---

## Page 164

SECRET

8.

NSAM 5815 - Comparative Evaluation Group - This 1958 directive

established an inter-agency body to prepare comparative evaluations

of the US and Soviet weapons systems.

9. NSAM 303 - This 1964 document changed the name of the Special

Group (5412) to the "303 Committee". (The predecessor body

documentation is at Tab B).

• *

10. NSAM 327.--This 1965 memorandum disestablishes the net

evaluation Subcommittee of the NSC.

11. NSDM 40 - Covert Operations.-- This directive provides authority

and sets forth procedures and responsibility for the planning, approval

and conduct of covert operations.

It also brings a number of Defense

•reconnaissance activities under the cognizance of the 40 Committee.

12. NSDM 224-- This 1973 directive established a Net Assessment

Standing Committee to carry out intelligence assessments as directed

by the NSC.

13.

NSDM 239 - National Net Assessment Process -- This directive

transferred responsibility for management of the subject program from

the NSC to the Department of Defense.

14.

NSDM 253 -- This 1974 memorandum updated the membership of

the NSC Intelligence Committee.

15. The balance of documents included herein consist of unclassified

reports, diagrams and press releases concerning the organization and

functioning of the NSC and the Intelligence Community.

NW 88608 Soda 8532 Page 164

---

## Page 165

THE

ECTOR OF CENTRAL INTELLIGENCE

WASHINGTON, D. C. 20505.

21 April 1975

MEMORANDUM FOR: Members of the USIB Ad Hoc Coordinating Group

SUBJECT

Guidelines for Paraphrasing Certain Documents

Provided to the Select Committees

1. Attached is a guidance paper, subject as above, prepared

by the USIB Security Committee, and approved by the Director of

Central Intelligençe.

2. In the interest of commonality in our approach to the

matter of paraphrasing sensitive documents, it is requested that

each of you arrange for the use of these guidelines in the handling

o1 responses irom your organizations to requests irom the Seieci

Committees.

John M. Clarke

Associate Deputy to the DCI

for the Intelligence Community

Attachment

ALL TEL INFORMATON CONTATED

Da 20305/2 AM/716

NW 88608 .Docld:32989532 Page 165 .

ENCLOSUNG®

62-1163953108

---

## Page 166

•GUIDELINES FOR PARAPHRASING SENSITIVE INFORMATION IN

CERTAIN DOCUMENTS PROVIDED SELECT COMMITTEES

HORT CON

#MDRIG

ALI, RET

FROREET

I. The Director of Central Intelligence has recently discussed

with Senator Church the need for special consideration and treatment

by the Select Committee of certain sensitive aspects of intelligence

activities and the Senator has expressed his recognition of this need:

It is anticipated that appropriate arrangements can be made so as to

avoid the risk of exposing such matters and at the same time satisfying

the Select Committees' need for a full understanding of the intelligence

community's activities. Included in such matters are the identities of

sensitive sources, the material provided to the United States by •

cooperating foreign intelligence services, the details of technical

devices and systems and of operational.methods, the identities of

certain employees whose safety could be jeopardized if revealed, the

identities of American citizens and organizations who have cooperated

with US intelligence and some additional materials the public disclosure

of which would create serious foreign policy or national security

problems. Such material should be protected not only from exposure

but indeed the risk of exposure. Further, recognition should be given

to the need to protect certain other information which, if improperly.

disclosed, might impair the privacy rights of individuals.

2. Proper procedures should enable intelligence community

members to prevent risk of disclosure of sensitive sources and

•methods and at the same time present to the Select Committees the

necessary details to allow for their proper understanding of community

activities.

3. The procedures described herein are not to be used as

downgrading or declassification guides. All concerned should be

mindful that application of these procedures will not declassify,

downgrade or remove from compartmentation controls any documents

or information provided the Select Committees, unless individual

advice to that effect is provided as well.

4.

" What May Be Paraphrased

While it is not possible to anticipate all requirements which

may be levied by the Committees for documenting material and not

NW 88608 Docld:32989532 Page 166

---

## Page 167

possible to determine specifically what material should be excised

from these documents, the following illustrations are offered in

certain likely categories.

The criteria in all cases should meet

the test mentioned above.

5. Collection of Intelligence

(a) The Committees will probably address the matter of how

intelligence is collected.

Documents supporting responses may be

paraphrased by removal of identities of sensitive agents and informants,

covert personnel, and contractual cover arrangements. A descriptive

phrase may be substituted, i.e., a foreign journalist, a political

official in the opposition party. No paraphrasing should be used in

connection with names of individuals whose employment or former

employment by, or association with a department or agency, does not

remain secret or for individuals whose present or 'future activities on

behalf of the department or agency do not require that previous cover

arrangements remain secret.

(b) Some information may be required with respect to

- technical intelligence systems including cryptologic and communi-.

cations activities and reconnaissance capabilities. Almost all of

such material is currently handled in compartmentation control

channels under various codewords or nicknames. No security threat

'is perceived by use of these codenames or nicknames in classified

documents. Details of the technical systems which would reveal

critical operational capabilities and contractual and funding arrange-

ments which would identify individuals whose participation was

obtained under agreement of continued secrecy may be excised from

documents. Any question on release of codeword material should be

referred to the Program Manager who in turn may consult with the

Director of Central Intelligence to ensure a consistent approach in

the Community's paraphrasing procedures. While documentary

samples of intelligencé obtained by technical means may be used

in support of testimony, special consideration should be given with

regard to raw products which reveal critical operational capabilities.

NW 88608 Docld:32989532 Page 167

---

## Page 168

6. Intelligence Estimates

Finished intelligence reports and estimates do not usually

contain source identifications and will not normally require para-

phrasing. However, departments and agencies should review such

publications to ensure deletion of sensitive source identities and

details of collection systems.

7. Administration

Information concerning the administration of intelligence.

agencies may be required. This may include staffing charts with

occupants identified. Identities of personnel formerly not under

cover and now functioning in a cover assignment should be deleted

as well as those who may in the future be considered for a covert

assignment.

8.

General

:. :

The following categories of information or specific examples

may arise in any number of circumstances in documentation re-

quested by the Select Committees. In all cases, serious consideration

should be given by the department or agency concerned to the necessity

• of deletion or paraphrasing of this type of information, prior to

providing the document.

(a) Agent or informant names or operational information

revealing them.

(b) Details which would reveal sensitive methods and

techniques (1) employed in human source collection, (2)

employed for the physical security protection of the

department's or agency's personnel or physical environment.

•(c) The numbers, locations, times and other indications

of recruitment, attempted recruitment or emplacement of

personnel within targeted foreign organizations.

NW 88608 Docld:32989532 Page 168

---

## Page 169

(d) Names of particular employees whose physical

safety or future careers might be placed in jeopardy by

exposure.

(e) Foreign or US sources, official or otherwise who

agreed to cooperate under terms of explicit or implied

confidentiality, who would be embarrassed or

endangered

by disclosure of their role.

(f) Assumed identities, locations or other information

permitting identification of defectors or refugees who might

be targeted for retaliation.

(g) Identifying information on intelligence services of

friendly and neutral countries and collaboration of those

services with US intelligence agencies.

(h) Identification of technical foreign intelligence

operations of high vulnerability or extremely high political

sensitivity.

(i) Details of arrangements with US and foreign banks,

investment houses, etc., in support of intelligence operations.

•(5) Specific information on special relationships with

private firms established with the approval of top corporate

officials.

This includes names of firms or industrial

associations that collaborate in a special manner such as

providing cover for foreign intelligence operations.

(k) Names of firms collaborating with US intelligence

agencies in collection and assessment programs (especially

those having large foreign clienteles).

(1) Proprietary, trade secret or patent information.

NW 88608 Docld:32989532 Page 169

---

## Page 170

9.

Techniques of Paraphrasing

. Paraphrasing of intelligence material may include the

physical removal of the identity of a person, place or thing from

written communication with or without regard for the residual

content. Use of a substitute terms is an example of paraphrasing

which permits intelligent continuity of the material without revealing

the true identity. Paraphrasing does not extend to the use of false

or misleading substitute material..

The integrity of official records must be maintained. The

following paraphrasing techniques apply only to copies of records.

(a) Names may be obliterated, masked or replaced

with substitute terms, the residual material xeroxed and

the copy submitted to Committees.

(b) The material can be retyped or reprinted with

substitute phrases or substitute descriptions which ao noi

reveal the sensitive material.

(c). Entire pages can be removed from some documents

and replaced with a blank page carrying only reference

'information as to the location of the sensitive material

within the contributing department or agency.

(d) Within a category of inquiry, it may be desirable

to extract a complete document from requested material when

the request is broad and all-inclusive within its field. The

existence of such a document should be made known to the

Committees but retained by the agency or department for

review under escort of a representative of the department

or agency.

10: Management of Documents

The original record and a copy of the paraphrased version

provided should be readily available in all cases. Materials developed

within an agency or department in response to requests should be

5

NW 88608 Docld:32989532 Page 170

---

## Page 171

reviewed at an appropriate level for completeness, responsiveness

and accuracy. In the case of documents or materials of a community

nature, the release should be done in coordination with the depart-

ments or agencies and/or the Program Manager concerned an any

paraphrasing should be agreed upon during coordination.

This proposed use of paraphrasing as a special arrangement

to protect selected issues contained in material provided to Select

Committees by one agency may prove to be a futile exercise if not

practiced in common by all participating departments and agencies.

It is essential to the proposal that departments and agencies attempt

to employ the same criteria for paraphrasing and coordinate as

required.. This paper can

serve only as general guidelines.

NW 88608 Docld:32989532 Page 171

• "s

---

## Page 172

¡ARES O, EASTLIND, MIBS., CHAIRMAN

MOMAN L. MMUSKA, MERR.

DiLIP A. jART, MICH.

FOMARO !I, LANEDY, MASS.

HUSH SCOTT, PA.

STRUM THUNMOYO, S.C.

АРО М. КЕМЧЕОУ, МАЗУ., СНАДМАМ

STASH THURMAN'", 5.C.

CHARLESMOC.MATHIAB. JR..ME.

EDWARDS. GUNNEY, FLA

FEDEKT C. LYRO, IY. VA.

JOMM V. TUNNET, CALIT.

CHARLES MCC. MATHIAS, JR.. MD.

EDIYARD I, GUHNEY, FLA.

PHILIP A. MATT. MICH.

BINCH MAYH, IND.

QUENTIN N. BUNDICIS. M. DAN.

JOHN Va TUNNEY, CALIT.

NATHAN LIVENTIAL, CHEN COUNSEL

PETER M, STOCKETT, 19.

CHIEF COUNSE- ANO STAME DIRECTOR.

Lirited Biates Sandie

COMMITTEE ON THE JUDICIARY

SUACOMMITTEE ON

ADMINISTRATIVE PRACTICE AND PROCEDURE

• (MASANT TO SEC, 3,5. RES, S5, 8I0 CONGRESS)

WASHINGTON, D.C. 20510

# M'DRIG

April. 10, 1975

ALIST I ORLASTON CONTANTID

DATELL

Honorable Edward H. Levi

Attorney General

Department of Justice

Washington, D.C.

RECEIVED

APR 1 4 1975

CRIMINAL DIVISION

Dear Mr. Attorney General:

agencies engage in electronic surveillance and the extent

of such surveillance:

At a hearing on May 23, 1974, before the Subcommittee

on Administrative Practice and Procedure, Attorney General

- Saxbe testified on this subject. I asked him: "Can you

tell us about any other organizations or government

•departments that are involved in any wiretapping at all

today?" The Attorney General replied: "We do not believe

that there is anyone else and the penalties are rather

severe." (p. 495) I am enclosing a copy of the hearings

for your convenience:

The recent reports raise questions concerning the

completeness and clarity of Attorney General Saxbe's

earlier testimony. President Johnson's executive memorandum

of June 30, 1965, requires that federal agencies engage in

wiretapping only with the prior approval of the Attorney

General.

In order to fully answer the questions that have

BONDS

been raised, I request that you provide the Subcommittee.on

Adninistrative Practice and Procedure with the following

information by April 16:

7-0%

1. A list of all federal departments, agencies, bureaus,

divisions, and other units that conduct, have conducted, or have

authority to conduct electronic surveillance of any:type (including

wiretaps, bugs, anc other uses of any device of apparatus which

•can be used to intercept a vire or oral communication).:

ENCLOSURE

NW 88608 Docld:32989532 Page 172•

62-116389-108

---

## Page 173

Honorable Edward

I H. Levi

April 10, 1975

Page 2

2. For each agency listed under #1 above, the specific

statutory or other authority for the agency's conduct of

electronic surveillance.

3. For each agency listed under. #I above, all guidelines,

procedures, rules and regulations relating to the conduct

of electronic surveillance.

4:

For each agency listed under #1 above, a specification

of whether the agency's conduct, or authority to conduct,

electronic surveillance includes:

a. Electronic surveillance conducted pursuant to a

court warrant obtained under the provisions of sections 2516

and 2518 of title 18,. United States Code;

b. Electronic surveillance conducted without a

court order obtained under the provisions of sections 2516 ang

2518 of title 18, United States

• Code;

c. Dlectronie surveillanca conducted within the

United States;

d. Electronic surveillance conducted in foreign

countries.

5. For each agency listed under #l above, the number of

electronic surveillances in place on Aoril 1, 1975, and the

number of electronic surveillances in place at any time during

the calendar years 1970 through 1974 (with a description of

2o through 137 cach a

the method used in.computing these figures).

I am sure you appreciate the need for the questions

raised by Attorney General Saxbe's testimony to be answered

as quickly and definitively as possible. These questions

demonstrate once again the need for close cooperation between

the Department of Justice and the Congress.

Many of the questions posed in this letter were originally

raised in my letter of October 10, 1973, to Attorney General

Richardson.

The Subcommittee requested additional information

on April 16, 1974, and at the hearing on May 23, 1974. Attorney

General Saxbe indicated a willingness at the hearing to

provide this information in the near future, but none of

this information has been provided. I am enclosing copies

of the October 10, 1973, and April 16, 1974 correspondence

NW 88608 Docld:32989532 Page 173

---

## Page 174

•Honorable Edward H. Levi

April 10, 1975

Page

for your convenience, and would appreciate your letting me

know by when the information requested in these letters and

the hearing will be made available.

With best wishes.

sincerely,

Shush M. Army

Edward M. Kennedy

Chairman

Subcommittee on Administrative

Practice and Procedure

NW 88608 Docld:32989532 Page 174

---

## Page 175

517

Telook formard to hearing from you and to making the necessary arrangements

T0580181+5982811

With here personal mards.

Sincerels,

EONARD MI. KENTENT.

Chairman, Subenmmittee on laministretive Pructice and Priccinre.

Chairman, subenmmitter o Constitutional Rights.

BONESOS. MUSKIE.

Chairman, Subcommittec on Suricillance.

U.S. SENATE.

COSTAIITTEE ON THE JUDICIANT,

SUBCOMMITIES US ADMINISTRATIVE TRICTICE LOU I'ROCEDUCE.

Washington, D.C., pril 1i, 107%.

Chief. Internal Seenrity Sootion. Criminal Dirision, Department of Justice,

Trashington, D.G.

DEAl MIR. DUVITT: I appreciate your meeting with me to discuss the nature

of the requeses her the sule mmite on Administratis Practice and Prudent.

for materials relating to marrantiess ductronic surteillances. The purpose of

this letter, as sou requested, is to memorialize the subcommittee's specitie

The materials requested are listed in the attached memorandum. Of conrse.

these requests are not intended to be exclusive or eximustive, aud are in addicion

to any other requests that may he made he the Sabeommitiee.

I appreciate

your cooperation in seeking to ensure that these requests be

met promptio. It all the macerials requested are not readily arailable. I sould

102708128

are escriding the material in inergmente do that are

• assemised.

•I will look forward to working with you on there and related matters. With

•best regards.

: Siricerely;

KENTETI NI. KAUFSIIY,

assislant Colnsel.

MATERIATS ON WARRISTLESS ELFCTROSTO STRETICE REQUESTED BI THE

SEBCONMITTEE ON AADNISISTRATISE PRIOTICE AND PROCEDURE

1. For a representative aroup of elpetronie surveillanoes, please provide the

sunterials listed nader richer "L" co -1" below. Big representatise" is meant a

group that is representative with repoet to (all the statutory categories of Neerin

2011(3), Title ls, United States Code, uneil lor the Attorner eneral in authorizing

the surveillances: (o) the trues of tarots of the surreillances: (ol the tole me

surreillance. go. reiephone, microphone or other: and leo the date of autheriza-

tion of the curseillanes. both in tore and itter the caprome Court decision in

Chided sintes s. laided slates bindiet court, dur tha.

2!;

(1!172).

•A. Copies ot

dronments containine: 11l rempests for anchorization of elec-

trunic surreillanes iron the Direcrue of the EBT Is the Artorney General: 12)

authorizations signer by the litorant Creeral: 131 rauerto fur roantharizarion

of existine electronic surveillance rom the Director of the FBI to the ironey

General: l1d reamhorizations sianed log the

artorner dieneral: and soo cot-

munications

heritant the

FBil or lha Department do busrice and a telehone

compant tecarolite the installation, mintenance, or slice minauce of deertunic

strollnees. These doenments

would be too actual, as opposed to hypotheticil.

loit

not werents surrelliances

islied att

currently norite.

James and oher data mich identits carsors ot

the surveillinoes contel

tial hasis. and appropriato

moses would be taken to easire that thes romain

coutinential.

Alies corsealed 14o

simon to annerpriate salt of

the

Salonitte

on Constitual Rights and the lorden Rolations Snemumitres on Surroil.

trim et conticitatialics.

B. Copies of the sile

materials referred to in "a" above eccent that the

lancer. The materials would, boneser, gecuratel rollect documents for actuat

NW 88608 Docld:32989532 Page 175 .

---

## Page 176

518

surreillances. The materials would he supplied to Subcommittee staft on a non-

cunattential basis, since they would represent hrpothetical and not real sur-

veillances. In adlition, the Antonminitted statt would he shown copies of som

documents for setal surseillance ciron which names aud identifring mura

could bo remored) in order to compare them with the hypotheticals.

2. Copies of

rellecting each step in the

process of revier within the Ell of a reqnest to initiate a parratitless clectronic:

surveillance. At the meeting of February 27th. Director Kello referred to at

least a ten-step process within the FBI foo reviemina a request for a wiretap.

Director Kelley indicarod that there are ennunications to and from the agont

in the field, the agent's supercisor, the assistant agent in Caree, the agont in

Charge, the superrisor in the appropriate divicion of. the FBI, the linit Chier,

the Section Chief, the Branch Chief, the assistant Director, the lesistant to the

Director, and the Diroctor.

To the extent that there may be diferonces in the

revier procedure for "bugs" as opposed to wiretags, please provide documents

reflecting these difterences.

• 3. Copies of auy FBI or Department of Justire rules, regulations documents

procedures. manuals or portions of manuals relating in any sar to the initiation.

installation, coinct,

maintenance. supertision, approral.

authoriation. roni-

thorization,

tronic surrrillances.

financing, or discontimance of varrantless wiretaps or other elec-

É. Copies of any documonts, rules, regulations, procedures, manuals or portions

of manuals relating in rucord-kerging urocedures and indexes in the FBT ni

the Department of Justice with respect to marrantless electronic surveillances.

....

• T.S. SENATE.

• COMMITTEE ON TITE JUDICIARY.

: SUBCOSISLTTIE OJ ADSCINISTRATIVE PRACTICE UNA I'ROCEDCEr.

Trashington, D.C., april 1ĩ. 1974.

Hon. ITILIAN B. S.IXBE,

Office of the Attorney General.

- Department of Justier, Washington. D.C.

DEAN ME. ATTORNES GEXFEA.: I am writing with roference to me letter to the

Attorney Geneml of Detoher 10, 1073, seeking certain information about war-

rantless electronic.surreillance. a copy of this letter i enolas for gone conser-

jence. The information rennested would erpand and update incormation supplied

•to the Sibeonmittee oser the past several years. after six months, none of the

Information has vot been providel.

In Jour letter of February Sth. von indicated that everr effort mas being made

to obtain the informarion I requested as espeditiousit as pressible. at a inertine

with Sabcomnittee stan last month: following our merting of Fobrary 271l

horerer. the Department staied that it would be willing in proside ouls an ni

date of the information provided in 1971 and 1072. and en innish this infomni-

tion onle to mo personally on a contidential basis. This proposal would not nutt

the Subeommittce's requiroments, The onbcommittee renuires all the informa-

tion requested, not just an update of that supplied two years sen. The informa-

tion provided on a nondlassified basis in previons rears should he prorided on ris

fame basis at this time. In the extent that and informiion is stoolied on a son-

fidential basis, Subcommittee members and statt must have access to ir.

I am sure you realize that the subcommittee's need for this intormation is

pressing. As you are aware, we have been conducting hearines nu marrantless

electronie surreillance with the. Subcommittee on Constitutional Rights and the

Foreign Rulations Subcommitte on Surreillance. In order to effectisely exercisr

•our orersight and legislative responsibilities in this area, we need the base oi.

Information requested in the letter.

I am spriting to request that the lilk of the information requested be pro-

ridea to the subcommitee no later than pril 21 in order to punile the sin-

cosmittee th analsze the data prior to our next series

•Jay Ith. I'lease contaci Konneth Kaufman, Assistant Counsel, if you hare aus

questions regarding this request.

- Thank you in adrance for your cooperation in this matter. With best personal

regards.

Sincerels,

POWARD IT. KENSEDE.

Chairman, Suhenmmitter on Alministratice Practice and Proccture.

NW 88608 Docld:32989532 Page 176•

---

## Page 177

іссігеглі, янк.

rV1%, 118., .м.с..

НАТІт, МіС-1.

TA, INa.

N'URNICK, N. DAK.

"OYAO, V1.VA.

UNATY, CALIF.

ROMAN ANNUTKA, NOBR.

pruroreiengr.ra.

БТНЭМ ТРЛМД:D, s. C.

MANLONY M. COCK, NT.

CHARLES NIC C. MIATHIN, JR., MD.

EDIYANO S. GUMILEY, FLA.

TOWARO M, HENNEDY, MATE, CHAIRINAN

PHILIP A, MART. PAICH..

GTHOM THURMONO, D.5.

BIRCH MAYN, INA.

СНАНБУМЕС. МАТІНАЗ, ІРОМО.

QUENTIN N. BUMDICK, N.

CONVAND 2, OURNEY, FLA.

JOHNY. TUNNEY, CALIE.

JAMES F. FLUO, CHILE COUNSEL

ТОНАММУ:ОМАМІ!

CHIEF COUNSEL ANO STAFE DIRICTOR

Alinitos Síates Genate

COMMITTEE ON THE JUDICIARY

SUBCOMMITTEEON

ADMINISTRATIVE PRACTICE AND PROCEDURE

(FURSUALT TO GEC 3, S, RES. 19, Di0 CONGRESS)

WASHINGTON, D.C. 20510

IT CONTAINE

BARNT UNCLASS

SAN -19-01 372

October 10, 1973

The Honorable Elliot L. Richardson

Office of the Attorney General.

Department of Justice

Washington, D.C. 20530

:Dear Mr. Attorney General:

As you know, the Subcommittee on Administrative Practice

and Procedure has played an active role in the area of

electronic surveillance over the past several years, including

its role in the development and processing of the legislation

which eventually beccme Title IIt ot the nibus Crime Control

and Sate Streets Act of 1963 and its hearings on warrantless:

wiretapping last year.

-Un February 5, 19/1, I wrote Attorney General John Mitchell

seeking certain intormation about electronic surveillance instal-

•lations without court orders.

The Department was good enough to

provide me with most of the information I sought.

The information

extended by the Department was extremely usetul in enlightening

both the Connittee and the public about the extent and signfi-

cance of such surveillance.

The information sought and supplied dealt only with the

perzod June 19, 1968 through calendar year 1970. Since then,

of course, the

United States Supreme Court has held that

domestic security surveillance without a court order is uncon-

stitutional, United States V. United States District Court,

407 U.S. 291 (1972)•

which a detailed inquiry was made into the Justice Department's

practices and procedures in implementing the decision.

At the

-hearings,

Deputy Assistant Attorney Gencral Kevin Maroney

testitied

that in response to the Supreme Court ruling; a certain

number of installations "in cases involving domestic security,"

to use the description in Mr. Kleindienst's statement of

June 19, 1972, were terminated.

In a letter dated August 2, 1912,

Mc. Maroney indicated the numbers of surveillances in. place

on

..

NW 88608 Docld:32989532 Page 177

---

## Page 178

The Honorable Elliot

October 10, 1973

Page

Richardson

June 29, 1912 In each of the five statutory categories contained

in Section 2511(3) 0f Title 18, United States Code. Also, on

May 14, 1973, Acting Director of the Federal Bureau of Investi-

gation

William D. Ruckleshaus disclosed information concerning

some 17 wiretaps that had been placed on the telephones of

newsmen and government ufficials.

In order to keep this Subcommittee and the public fully

informed about this extremely significant aspect of your

practices and procedures, would you kindly provide the fol-

lowing information as soon as possible, sending us immediately

those items of information which are readily available, and the

remainder when obtained. As I indicated in my February 5, 1971•

letter, I recognize that some of the statistics will be based on

documents which are classified, but, as earlier, the requests have

been framed so as to admit of answers which should be able to be

unclassified. As previously indicated, if you nevertheless see

a need to classify any particular answer, please provide it

separately, and it will be handled

on a classified basis.

• As used in the folioviny questions, the torm "electronir

surveillance" includes interceptions of

both wire and oral

communications.

The questions refer only to warrantless elec-

•tronic surveillances.

142622"

A. For each of the periods calendar year 1971, calendar year

2972,, and January 1, 1973 to September 30, 1973, please provide:

•1. The number of electronic surveillance installations

placed in operation or continuing in operation at any time

during the period, in terms of the number of "premises of

organizations or individuals without regard to the number oi

instruments which may be involved in effectuating the sur~

iveillances," to use the description in Mr. Maroney's letter'

•computation used by Mr. Mardian in his letter of March 1,. 1971;

if it is not, please indicate the method of computation used

by him and provide comparable figures for the time periods

specified.

2. Of these, please provide:

a. ¡The number of electronic surveillance installations

newly placed in operation during the period;

b. The number of electronic surveillance installations

continuing in operation at any time during the period but placed

in operation during

aprior period.

3. The number of each type of installation,

i.e., telephone

surveillances, microphone surveillances, combination surveillances,

or other.

NW 88608 Docld:32989532 Page 178:

---

## Page 179

The Honorable E11

October 10, 1973

Page 3

Richardson

4.

The number of surveillances installed during each period

which continued for each of the following time categories:

under one week, one week to one month, one month to six months,

over six months.

•5.

The numbers of electronic surveillances in which:

a.

One electronic surveillance device was installed;

b

Two electronic surveillance devices were installed;

c.

Three to five electronic surveillance devices were

installed;

d. Six to ten electronic surveillance devices were

installed;

e. More than ten electronic surveillance devices were

installed.

6. The total maximum number of surveillances in operation at

any one time during each period, as referred to in Mr. Mardian's

letter of March 1, 1971.

The inter of electronic surveillances installed, conducted,

maintained or monitored by any person or organization, or by any

unit or employee of any state or local government, that were

directed, supervised, made at the request of, made with the

knowledge of, or connected in any way with any agency or other

unit of the United States government.

•8. The number of wiretaps or other electronic surveillances

conducted in a foreign country in which the object or target of

the surveillance was a United States citizen and which were directed,

" conducted, supervised, made at the request of, made with the

knowledge of, or connected in any way with any agency or other unit

of the United States government.

B. For each of the periods calendar year 1971, January 1, 1972

to June 19, 1972, June 20, 1972 to December 31, 1972, and

January 1, 1973 to September 30, 1973, please provide:

The number of electronic surveillances. that were

installed in cases involving domestic security, as defined in

United States v. United States District Court and as referred to

in Mr. Kleindienst's statement of June 19, 1972.

The number of electronic surveillances that were

installed with respect to activities of a foreign power or

foreign agents as described in United States V. United States

District Court, 407 U.S. at 322.

The number of electronic surveillances that were

installed on domestic organizations and individuals with a

"significant connection with a foreign power, its

agents of

NW 88608 Docld:32989532 Page 179 .

---

## Page 180

:. Page 4

agencies," as delineäted:in United States v. United States District

Court, 40/ U.S. at 309 n.d, and discussed in the testimuny of

Deputy Assistant Attorney General Maroney before this Subcommittee.

The above 3 categories are intended to be mutually exclusive.

10.

a.

The particular United States government departments,

• agencies, bureaus, divisions and other United States government

• entities

that engaged in electronic surveillance of domestic

organizations and individuals, as described in Question ya above.

b. The particular United States government departments,

agencies, bureaus, divisions and other United States government

entities

that engaged in electronic surveillance within the;

continental United States on a toreign power or foreign agents

as described in Question 9b above.

c.

The particular United

States government departments,

agencies, bureaus, divisions and other United States government

-entities that engaged in electronic surveillance of domestic

organizations and individuals with signiticant connection with

a foreign power, its agents or agencies, as described in

Question 9c above.

With respect to each such department, agency, bureau,

aivision, or other govemment entity, please provide the

numbers of electronic surveillances installed or in operatzon

during each time period.

•11.

a.

Please indicate whether the figures provided in

Mr. Mardian's letter of March 1, 1971 included the wiretaps Of

dr newsmen and government officials disclosed by Acting FBI

Director Ruckleshaus on May 14, 1973..

For each period, please indicate the total number of

Pother electronic surveillances conducted, directed, supervised,

made at the request of, made with the knowledge of, or connected

In any way with the FBI or the Department of Justice that were

not included in the tigures provided in Mr. Mardian's letter

Of March 1, 19/1:

C.: 12. On June 5, 1913, the White House released figures on the

number of national security wiretaps installed since 1945, reported

at page H 4343 of the Congressional Record. These figures seem

:inconsistent with those supplied to me by the Department on

March 1, 19/1.

In addition, the tigures are unclear in certain key

respects. I would therefore

appreciate your supplying the tollowing

information with respect to the figures released by the White House:

a. "Do the years indicated refer to fiscal or to calendar

years?

b. Do the totals include interceptions other than by.

telephone wiretaps--e.g., microphone surveillances,

etc.?

c.

Do the figures reter to the sum of all interceptions

in operation during the year, or only to those in operation as

of a certain date--e.g., December 31st?

NW 88608 Docld:32989532 Page 180

---

## Page 181

i.::

*

The "Honorable Elliot

October 10, 1973

:. Page s

Richarson

d. Do the figures refer to the number of premises at

which interceptions were made, the number of persons who were

the primary targets oi such interceptions, the number of

listening devices installed, or some other number?

• e.

For each of the years involved, do the tigures

refer to wiretapping by all governmental agencies or only by

•the Federal Bureau of Investigation? It the reference is to

agencies other than the E.B.I., please indicate which agencies.

How many of the interceptions

referred to related to organized

crime investigations?

I.

If the answers to the above questions do not

explain the inconsistencies between the figures released by

the White House and those supplied to me, please indicate any

other explanation that may account for the difierences.

.13.

Please provide the number, names, and the present

status of all. criminal prosecutions in which electronic

surveillance was used in any way in cases involving domestic

security, as described in Question 9a above.

b. Depity Assistant Attorney General Maroney testified

before this Subcommittee that in "practically all cases" in which

a criminal derendant was overheard without a warrant, the

government disclosed the surveillance to the trial court. Please

indicate the number, rames, and the present status of any cases

in which an electronic surveillance of a criminal defendant was

made but in which such a disclosure was not made to the trial

court.

Please also specify the nature of any standards and

procedures

such cases: adopted by the Department to ascertain and review

14.

With respect to all electronic surveillances newly installed

between January 1, 1973, and September 30, 1973, please Indicate

the number of surveillances authorized under each of che five

statutory categories contained in Section 2511(3) of Title 18,

United States Code. Please also provide the same information

respect to all electronic surveillances in place on September 30,

1973, regardless of when they were installed.

15.

a. Please set forth the standards and procedures that

: the Department has adopted with respect to assuring compliance

with the Supreme Court decision in United States v. United States

District Court. Please also indicate the nature and timing of

any changes in the Department's practices and procedures in

this respect:

b. Please indicate the nature of any standards or

procedures adopted by any other department, agency, bureau,

division, or any other entity of the United States government

to assure compliance with the Supreme Court decision.

NW 38608 Docid:32989532 Page 181

---

## Page 182

*The Honorable Elliot

October 10, 1973

Page"6.

Richardson

I realize that I am requesting a substantial amount of

information, but as you can well understand, this is a matter

.. of great

current public significance. It Is not only

important that the congress be kept fully informed, but also

that the public be reassured that the Attorney General has full

knowledge and control over the mechanisms of our government

that directly airect the constitutional rights of our citizens.

Accordingly, I am transmitting this letter in the spirit of

cooperation

between the Department and the Congress stressed

by Deputy Attorney General Ruckleshaus at. his contirmation

hearings beiore the Judiciary Committee.

"I very much appreciated the promptness of the Department's

response to my initial inquiry two years ago.

that much of the intormation requested in this letter is readily

available. Insofar as some of the intormation may not be

immediately available,

a prompt response with respect to such

information as is readily available would be appreciated, with

the remaining. information provided at a later date.

With best wishes.

Sincereig

Echard l. Kennedy

Chairman

Subcommittee on Administrative

Practice and Procedure

NW 88608 Docid:32989532 Page 182

---

## Page 183

*INTELLIGENCE COMMUNITY STAFF

30 April 1975

Did Hos weif

75-466

NOTE FOR: Mr. William Cregar

Federal Bureau of Investigation

Senstuly 95"

This correspondence has been sent to

Senator Church.

Clarke

Associate Deputy to the DCI

for the Intelligence Community

Attachments:

Iwo letters dated 29 Apr 75

from Mr. Colby to Sen. Church

+6 10662116395701

8G MAY Y 1975

#MD16

351499 382 4m|816

gill

62-114395

3

INFORMATION

8 4. MAY 7 1975

VV# 88608* Docld:32989532 Page 18:

---

## Page 184

THE DIRECTOR OF CENTRAL INTELLIGENCE

WASHINGTON, D. C. 20505

29 APR 1975

The Honorable Frank Church, Chairman

Salact Committee to Study Govermental Oparations

with Raapect to Intelligenca Activities

United Statea Senate

Washiagios, D. C. 20510

•Dear Senatos Church:

I have your requast of 24 April for additional material, and we

are sortng to make it available to your stafi as soon as poasible. I

beliave we will be abla to meet your ten day time requirement witk tha

exception aí the matarials outlined in paragraphs 4 and 8.

While tha

Agency's responses to paragraph 3 should satialy part of your request

is paragrapa 4, a fall'response will require a file search and reviaw,

which cannot be accomplished in ten days.

We do not hays asparated

the responsas to Direckor Scalesinger's letter of 9 May 1973 as between

' senior operazing ollicials' and 'all employees or ax-employees' re-

sponses, We can of course provide you what we have as a stari

The aaswers to mosi of the nine parts of paragraph 8 will involve

a carefal file search and a carsial review for sensitive sources and

methods informatiod. We will do our best, but a full anawar to para-

graph a will reguire more than ten days..

We hava for othes paris of your requast summarized taterial

which wa will provide so that your stall can discuss with us the best

way of proceeding against the more voluminous backup data. Epi ex-

ample, in one instance the backup to the summary lavolves as prazy as

20, 00D index cards. In anothar, the basic data involves a roomiti of

miniaturized data. Wa need to be certain as to the precise concen od

tha Committee in these mattera la order to respond with tha least dis-.

ruption to tba work of the Agency and to help the stalf to uadazstand

Fetter they bave asked the right question.

The matarials requested in paragraphs 5 and 10fa) are in te

Watergata reports. I would hope your stalls could arguire thia dati

from the published versiona of those reports,

#MORIG

ALL FBI NORMANON CONTAINED

ETSELALNLE

DATELE

'ENCLOSURE

62-116355107

NW 88608-Đocld:32989532-Page 184

---

## Page 185

As the inquiry progreases frora a documentation phase to inter-

view pazzas, it will become evea mora importani to adhere to taa

general agreement we have with your stall to have prelimizary consul-

cations and discussions prior to a formal request by the Commitica. la

this way we can promote a better underatanding of the work involved

and ostablish reasonable time frames as wall.

Sincarely,

18/ Bill:

W. E, Colby

NW 88608 Docld:32989532 Page 185

---

## Page 186

TH

DIRECTOR OF CENTRAL INTELLIGENG

WASHINGTON, D. C. 20505

29 APR 1975.

The Honorable Frank Church

Chairman

Select Committee to Study Governmental

Operations with Respect to Intelligence

Activities

United States Senate

Washington, D. C. 20510

Dear Senator Church:

I believe it would be useful if I placed on the record the

situation with respect to your l2 March request. I regret

that you considered it necessary to issue public criticism of

CIA's efforts tò meet*

your needs. As of this writing, the major

portion of that request for CIA-originated material has been

met and, I believe, in a responsive manner.

At our meeting of 22 April, we agreed that if your

investigators could review materials at the CIA Headquarters,

it would expedite the inquiry and lessen the amount of material

which otherwise would have to be paraphrased, a process which

takes a substantial amount of time. Special office space and access

badges have been provided for this purpose. I agreed that, should

specific documents or parts thereof be requested to be sent to

the Senate Select Committee offices, the Agency would prepare

these as expeditiously as possible without sacrifice to the

security considerations consistent with our earlier understanding

of the need to protect sources and methods from undue risk of

exposure: I also gave you my assurance that we would assist in

the clearance of multi-agency papers involving CIA, some of

which are on your earlier request.

A speed-up in the Agency's paraphrasing process is

being undertaken, although as you can appreciate, this involves

senior personnel with heavy demands for substantive work, and

# mol:16

ALT DEL INFORICATION CONTAINED

DATE SITSEA MISTE

DATE -

NW:88608 Docid:32989532.Page 186

(ENCLOSURE

02-116 395-107

---

## Page 187

the volume of the material you have requested is considerable.

At our meeting, I showed you a list of the materials that have

already been provided, and Mr. Miller has been kept advised

about the status of other materials.

In discussing some of the concerns of people in the

Intelligence Community about the procedures addressed above,.

you agreed to raise with the Committee the question of ultimate

disposition of materials provided. I understand that this is in

train. In this connection, I was very much appreciative of your

reassurance that you and the Committee members will consult

with me prior to the release of any classified materials in

public statements or unclassified reports of the Committee.

Such consultation is consistent with the spirit of the inquiry.

I believe our staffs are working well together. There

have been the usual inherent problems that one can expect in

an investigation of this scope'. Because the Select Committee

staff personnel engaged in the inquiry are relatively new to the

field of intelligence and to the seriousness of the inquiry,

expectations re ambitious. But there is something to be said

for both sides of the equation. For example, we await the

convenience of your investigators on selective follow-up matters

on which they had requested further data. Meanwhile, we have urged

and are providing the staff with detailed briefings by way of introduction

to the Agency's history and functions. I am personally convinced

that direct discussions about our work and about specific instances

of interest to the staff investigators will be far more direct and

projuctive to them (saving us much useless work) than engaging

in debates about massive document transfer requests.

Io that end, I am very anxious to renew and by this letter

I would repeat my request to you that the Committee move

personally and directly into the inquiry at an early date. I am

delighted that you and the Committee are coming to visit our

headquarters for a discussion of the Intelligence Community

and the Agency and for an exchange on the precise interests which

2.

NW 88608 . Docld:32989532 Page 187

---

## Page 188

particular Committee members have concerning the inquiry. We

need to understand the specific objectives the Committee seeks

and relate these to the priorities of the materials you will need.

I believe we can be helpful if we know these. Again, I am convinced

that the constructive long-term contributions that we both envisage

from the Select Committee's work will derive in a far more concrete

fashion by focusing on specific and major questions about intelligence

rather than consuming an inordinate amount of time reviewing the

details of all of our past history. In that way our main energies

and our judgment can be addressed to what kind of intelligence we

want in our free society of the future, rather than what we may

have had in the past..

Sincerely,

W. E. Colby

3

NW 66608

Doçld:32989532 Page 188 -

---

## Page 189

• THINK CHUACH, IONHO, CHAIRMAN

IN 6. OMER, TEAS. VICH HIMMI

PHILIPA. HART, MICH.

WALTER F. MONDALE, MINN.

WALTEH D. HUDDLESTON, KY.

NOSENT МОЙСАМ, N.С.

BARRY GOLDWATER, ARIZ.

CHAALESMCC.MATMIAS, JI..MO.

RICHAHO S, SCHWEIXER, PA.

GAMY HART, COLO.

FREDIHICK A, 0, SCHIVAHI, IH., CHIEF COUNSEL

CURTIS R. SMOTHEMS, MINURITY COUNSEL

25 2019:

Airited States Senate

SELECT COMMITTEE TO

STUDY GOVERNMENTAL OPERATIONS WITH

RESPECT TO INTELLIGENCE ACTIVITIES

(PURSUANT TO 5. RES, 11, 95TH CONGRESS)

WASHINGTON, D.C. 20510

April 24, 1975

Ad Hoc Staft

75-416

#mOR 16.

Mr. William E: Colby

Director of Central Intelligence

Central Intelligence Agency

Washington, D. G. 20505

Dear Director Colby:

On. behalf of the Senate Select Committee to Study Governmental

Operations with Respect to Intelligence Activities, I enclose a

specification, furnished to John Clarke yesterday, which calls for

certain material referred to in your December 24, 1974 report to

the President and provides further detail concerning certain CIA

material heretofore requested. Obviously it is not intended to

• Limit what we have already requested.

It is the Conmittee's expectation that all this material

should be produced in ten days.

I was heartened by the spirit of cooperation demonstrated in

your personal reassurances in our meeting on April 22, 1975, and

I understand that substantial material was made available to us

today at the CIA. However, the fact remains that too much material

called for in our document request remains outstanding and the

system apparently being employed to clear material for us builds

in excessive delays. A necessary prerequisite to our inquiry

proceeding expeditiously-as it should to restore public confidence

in our intelligence agencies and develop a new national consensus

on the proper functions of intelligence activity-is to eliminate

these delays.

Sincerely you

mk Chuơn

Enclosure

NW 88608 Docld:32989532 Page 189

62-16 395-107

---

## Page 190

SECRET

MATERIAL TO BE SUPPLIED TO

THE SENATE SELECT COIBITTEE BY THE CIA

Specification of CIA laterial Relating Io

Director Colby's December 22, 1974 Report

and Director Colby's January 15, 1975 Senate Testimony

The Conmittee's original request to the CIA should have

been interpreted to cover all of the following in that the Committee

requested all material underlying Director Colby's January 15, 1975

testimony before the Senate Appropriations Conmittee. In any event,

Director Colby's report of December 24, 1574, makes clear that all

the following material is central to the Committee's mandate. The

CIA is requested forthwith to supply the followingsas well as the

material which they have already collected in resyonse to the

Committee's March 12 request.

1. All of the instructions

on "Questionable Activities"

which were issued by. Director Colby in 1973, or thereafter, except

for the "selected group of attachments" which were included in the

Colby Report and thus already furnished to the Comnittee.

2.. All files relating to the following "questionable

activities" which were mentioned in the attachments to the Colby

Report:

FM D216.

HON CONTAINBE

ALm|716

(a) Project MHOUND II (and any other project relating

to "Penetration of Another Government Agency").

(b)

"Reporting on Dissident Groups".

(c) Projects Mockingbira, Celotex I and Celotex

• II

(and

NW 88608 Docid:32989532 Page 190

---

## Page 191

SECRET

any other'projects relating to "surveillance, telephone tap,

surreptitious entry or other action" taken on behalf of the

Agency against U.S. citizens in the United States).

(a) Project Merrimac for any other project relating to

the "penetration" of domestic groups).

•(e) Postal Service: (the files relating to "penetration

of the mail", mail opening or mail cover).

3. All reports made by CIA's "senior operating officials"

In response to Director Schlesinger's letter of May 9, 1973, asking

for reports on activities which "might be construed to be outside

the (CIA's) legislative charter".

4. All employee of ex-employee responses to the same

letter as well as responses to the "standing order" referenced in

the letter and calling for such material in the future:

"S. All files relating to CIA's participation in the

"so-called Huston Plan" (referenced on page 2 of Director Colby's

Report) .

2

6. Annex A of the Colby Report (re "Coverage of Subversive

• Student") •

(a) Any memoranda by Richard Ober on the establishment

of:

(1) Systems for coordination of activities

(2) Dissemination of material

(3) Regular reporting on activities

NW 88608 Docld:32989532 Page 191

---

## Page 192

(b) . The interim report suggested by paragraph 3 of Mr.

Karamessines' memo.

To Annex C..

(a) Any materials prepared for the review by the Director,

noted in paragraph 1, of Agency efforts to monitor international

activities of "radicals and black nilitants"

(b) An index of all projects developed by the Special

Operations Group or by Agency Divisions in support of this

rogram.

(c), A list of all agencies which had data links with the

Special Operations Group as described in paragraph. 5 of the

meno.

8.

Annex D. (Special Operations Group--Possible Foreign

Links with American Dissidents)

(a) A list of all "organizations of interest" to the

Special Operations Group, including but not limited to those

mentioned in the memo from Mr. Ober.

•(b) A list of all topic headings or subjects used for

• Filing by the Special Operations Group.

(e) A list of all individuals or groups either "special

targets" of the Special Operations Group or of "special concern"

to the Special Operations Group, and a list of all program

• targets, all operational projects and all individual Agent

projects.

NW-g8608*Docla:32989532 Page 192

---

## Page 193

In U

(a) The materials which constitutes or underlies the

"standing requirements" for information from the Special

Operations Group by the FBI, Secret Service, and Inmigration

and Naturalization Service.

(e) Any documents consisting of or relating to FBI

comments on the "adequacy and relevancy" of Special Operations

Group information.

(1) Any reports "over the signature of the Director of

CIA"' based on Special Operations Group information disseminated

to either the White House, the Secretary of State, the Attorney

General, and the FBI.

(g) Any reports, special studies, or estimates requested

and prepared by the Special Operations Group for the President,

his Counsel, or the Attorney General and for the Intelligence

Evaluatión Conmittee.

(h) A description of the audio program of the Special

Operations Group.

(i) The "formal Table of Organization" of the Special

Operations Group.

• 9..

Annex E

The complete "Allegations and Answers" series.

10.

Annex F

(a) The reports from the CIA on Agency activities

"with respect to Mr. Howard Hunt and other parties" which were

NW 88608 Docld:32989532 Page 193

---

## Page 194

ECRIL U

nade available to "the appropriate law enforcement bodies".

(0) Any "information" assembled by the Inspector General

or made by him in regard to "CIA activity in connection with

Watergate and associated matters"

NW 88608 Docld:32989532 Page 194 •

---

## Page 195

2 - Mr. S. F. Phillips

April 30, 1975

MATERIAL FOR SENATE SELECT COMMITTEE (SSC)

- INVESCIGATING INTELLIGENCE ACTIVITIES

tmoe16

1. TITLE/SUBJECT: Organization of the FBI

ITE INTOR ASTON COLTAINCO

2. ORIGINATING ORGANIZATION: FBI

3. NATURE OF MATERIAL: Letterhead memorandum with an

enclosure, FBI Functional Organization Chart

4. DOCUMENT CLASSIFICATION: Unclassified

5. NATIONAL SECURITY INFORMATION STAMP: NA

6. SUMMARY OF CONTENTS:

Letterhead memorandum serves as a cover communication

to the FBI Organization Chart which vas prepared 1/14/75;

and advises of certain changes in personnel since 1/14/75.

Chart identifies all FBI officials from Director down through

all Assistant Directors and their respective areas of responsi-

bilities; identifies all Sections in all Divisions with

indication of type of matters hancled in Section; and includes

a list of all 59 FBI field offices.

ecli

7. REQUESTER/DATE OF REQUEST:

3/19/75•106a.

8. RELEASING AUTHORITY: REÇB46 62 16325

9. DATE OF SUBMISSION: 4/9/75

18 MAY 7 1975

10. LOCATION OF FILE COPY: FBI file 62-116395-69; * :

11. NONE.

SFP :ekw • (4)

NOTE:

Original via liaison to Central Community Index in

" connection with Senstudy 75.

NAH, ROOM L

ENW WaGON Docld:32989532 Page 195

TELETYPE UNIT I

GPO 951-746

---

## Page 196

: 2 - Mr. S. F. Phillips

April 30, 1975

MATERIAL, FOR SENATE SELECT. COMMITTEE (SSC)

T) INVESTIGATING IIDELLIGENCE ACTIVITTES

1. TITLE/SUBJECI: Legal Authorities of the FBI

2. ORIGINATING ORGANIZATION: FBI

-MoRiA

ATI, INPORIITION CONTAINCO

IS UNCIASSIRTID

BES

419/02

HENCIN

DATE

3. NATURE OF MATERIAL: Letterhead memorandum with

enclosures described below

4. DOCUMENT CLASSIFICATION: Unclassified

5. NATIONAL SECURITY INFORMATION STAMP: NA

6. SUMMARY OF CONTENTS:

(a) Untitled memorandum from Atiorney General

Ramcey Clark to FBI Director J. Edgar Hoover, 9/14/67,

dealing with FBI authority for investigations relating

to riot situations.

(b) Two untitled memoranda dated 8/24 and 25/36

From FBI Director Hoover recording instructions received

from President Franklin D. Roosevelc concerning FBI authority

for investigations of subversive activities, particularly

relating to communism and fascism.

(c) Untitled memorandum from FBI Director Hoover

to Assistant to the Director E. A. Tamm, 9/10/36, concerning

FBI authority for investigations of subversive activities,

Assoc. Dir. -

particularly communism and fascism, and the FBI function for

ep. Abad. the coordination oi such investigations with Army and lavy

Dep. AD Inv.

Asst. Dir.:

Intelligence and State Department.

Admin,

Comp. Syst.

02-116-3244105

Ext, Affairs

Files & Com. -

Gon. Inv. -=

Ident.

(4)

Inspection .

Intell.

Minion delice

a 02

$/1125,1=

REC- I06

= MAY Y 1975

SEE NOTE PAGE IVO

Laboratory

Plon. & Eval. -

Spoc.inv._.

Training -

Legal Coun. -

Telephone Rm. -

Director Soc'y --

MAIL ROOM

EnVi: sốcds bocid:5989532 Page 196

TELETYPE UNIT L

GD0 954-346

---

## Page 197

(d) Presidential directives dated 9/6/39 and 1/8/43

(President Roosevelt); 7/24/50 (President Truman); and 12/15/53

(President Eisenhover). The first of the Roosevelt directives

designated the FBI as coordinator of all law enforcement in

the U. S. regarding ospionage, :abotage and neutrality matters;

the iccond Roosevelt directive reiterated the fir.t. The Truman

donate,

directive vas a reiteration of the prior Roo: evelt directives.

The Eisenhover directive expanded upon the previou: directives

to include Atomic Energy Act violations.

7. REQUESTER/DATE OF REQUEST: SSC. 3/19/75

8. RELEASING AUTHORITY: FBI

9. DATE OF SUBMISSION: 4/4/75

10, LOCATION OF FILE COPY: FBI file 62-116395-47

11. RELATION TO INTELLICENCE COMMUNITY PROBLIMS:

Some of the documents discuss role of the FBI as the

coordinating agency in connection with the activities of other

intelligence community agencies: Army and lavy Intelligence,

and State. Also, in the Presidential directive of 12/15/53,

there i: stated

the l'll responcibility for investigating all

violation: of the Atomic Energy Act.

NOTE:

Original via liaison to Central Community Index

in connection with Senstudy 75.

-2 ÷

NW 88608 Docld:32989532 Page 197

---

## Page 198

2 - Mr. S. F. Phillips

May 1, 1975

MATERIAL FOR SENATE SELECI COMMITTEE (SSC)

to INVESTIGATING INTELLIGENCE ACTIVITIES

1. TITLE/SUBJECT: Legal Authorities of the FBI

2. ORIGINATING ORGANIZATION: FBI

3. NATURE OF MATERIAL: Letterhead memorandum (LHM) with

enclosure. described below, including exhibits to enclosure,

some of which are classified "Confidential."

FEMORIE

ALTON COME

SATSSWIOSN

4. DOCUMENT CLASSIFICATION: Confidential

1-761-2

5. NATIONAL SECURITY INFORMATION SIAMP: Should have

MATTA

TIVa

6. SUMMARY OF CONTENTS:

REC- 106

62-114385104

Under cover of an IM, there was forwarded to the

SSC an FBI "Intelligence Division Position Paper on Jurisdiction,"

dated 2/13/75. The purpose ofsthepaper is to set forth an

analysis of the investigative authority granted by Presidential

Directives, the National Security Council, and orders of the

Attorney General, as vell as to list statutes from which the

FBI aravs investigative jurisdiction in the security and

intelligence area of operation. The IlM noted that certainy y 1975

exhibits to the paper vere extracted because of "Third Agency

Rule" requirements and that approvals vere being sought-for

clearances to subsequently furnish the excluded exhibits.

7. REQUESTER/ DACE OF REQUEST:

SSC.

3/19/75

Assoc. Dir. -

Dep. AD Adm. -

Dep. AD Inv. _

Asst. Dir.:

8.

RELEASING AUTHORITY: FBI

Admin. .

Comp. Syst.

Ext. Affairs

9. DATE OF SUBMISSION: 4/10/75

Files & Com.

Gen. Inv. -

Ident.

Inspection.

(4)

Intell.

Laboratory :62-116395

Plan. & Eval. -

Spec. Inv. _

Training

Legal Coun

Telephone Rm.

1975 ROOM -

TELETYPE UNIT L

P88608

Docld:32989532 Page 198

SEE NOTE PAGE THO

GPO 051-34

---

## Page 199

IO.: LOCATION OF FILE COPY: FBI File 62-116395-78

11. RELATION IO INTELLIGENCE COMMUNITY PROBLEMS:

This scudy encompasses Agreements and Presidential

Directives as well as Interdeparcmental Intelligence Conference

and Interagency Committee on Internal Socurity documents issued

as supportive evidence in delincating the investigative juris-

diction of the FBI.

NOTE:

Original via liaison to Central Community Index

In connection with Senstudy 75.

• -

12 =

NW 88608 Docld:32989532 Page 199

---

## Page 200

FEDERAL BUREAU OF INVESTIGATION

COMMUNICATIONS SECTION

MAY 0 5 1975

TELETYPE

ARO0J NH CODE

11:29AM URGENT MAY 561975 VEM

TO :

DIRECTOR

FROM.

NEW HAVEN

SENSTUDY 75

is 13

REPUTEL MAY 201975. 0 93

FORMER SA HOBSON H. ADCOCK WAS CONTACTED THIS DATE BY: THE

SAG. ADCOCK WAS FURNISHED INFORMATION AS SPECIFIED IN RETEL.

ADÇOCK ADVISED THAT HE HAD NQI AS YET BEEN CONTACTED BY ANY

REPRESENTATIVE OF CAPTIONED GROUP •

END

Assoc. Dir.

Dep.-A.D.- Ado.-

Dep.•A.D.-InV~

Asst. Dir.:

Admin.

Comp. Syst.

Ext. Affairs

Files & Com.

Gen. Inv. -

Ident. ..

Inspection

Intell.

Laboratory

Plan. & Eval. -

Spec. Inv. _

training

Legal Coun

Telegaone Mim -

Dircetor Sec'y

4063

JOR

FBIHQ CLR

COPY

RETAINED

PERSONNEL

RECORDS UNIT

FAMOR16

ALL INF LA

2P10N CORTALIO

5'

file

1E0206 G4-116385

62116385103

441|15

(Adcrok

18 MAY 7 1913

ASTONI AIRIEST

i 86d Docid 75989532 Page 200

---

## Page 201

"int

2 - Мк.

S.

F. Phillips

May 1, 1975

MATERIAL FOR SENATE SELECT COMMITTEE (SSC)

INVESTIGATING INTELLIGENCE ACIIVITIES

#mOR16

1. TITLE/SUBJECT: Jurisdictional Agréements

ATE INVORMATION CONTAINED

2. ORIGINATING ORGANIZATION:

HIRELY IS ULCLASSOUD

3. NATURE OF MATERIAL:

Letterhead memorandum wich

enclosures described below.

4, DOCUMENT CLASSIFICATION: Unclassified except for

one enclosure dated 2/7/66 classified "Secret."

5. NATIONAL SECURITY INFORMATION STAMP: Should have

6. SUMMARY OF CONTENTS:

Enclosures are copies of various documents constituting

jurisdictional agreements between the FBI and other Federal

agencies or guidelines prepared by the Attorney General with

reference to investigative responsibilities beteen the FBI

and other Federal agencies in the security field generally.

The specific documents are as follows:

(a) Delimitations of Investigative Duties of the

FBI, the Office of Naval Intelligence, the Intelligence Division

of the Army, and the Office of Special Investigations, Inspector

General, U. S. Alr force, dated 2/23/49, With certain supplemental

agreements.

REC- 106

62-116575

(b) Agreement betveen the FBI and CIA dated 2/7/66;

Asp. Di Adm Classified "Secret."

Dep. AD Adm.

Dep. AD Inv. -

Asst. Dir.:

Admin, --

Agreement between the FBI and Secret Service

Comp. Syst. effective 7/30/73.

Ext. Affairs

Files & Com. ea

Gen. Inv. =

Ident.

SEP : eli

Inspection.

-(4)

SEE NOTE PAGE TWO

Intell.

Laboratory.

• 62-116395

Plan. & Eval. -

Spec. Inv. -

Training -

Legal Coun..

Telephone Rm. -

Director Seed -

MATT ROOM _

TELETYPE UNIT

G70 954-545

NW 88608

Docld:32989532 Page 201

---

## Page 202

(d) Investigative guidelines vith reference to

Title 11, Organized Crime Control Act of 1970, Regulation

of Explosives, prepared by the Attorney General, submitted

by letter to the FBI 1/11/73.

7. REQUESTER/DATE OF REQUEST: SSC. 3/19/75.

8, RELEASING AUTHORITY: FBI

9. DATE OF SUBMISSION: 4/8/75

10. LOCATION OF FILE COPY. FBI File 62-116395-65

11, RELATION TO INTELLIGANCE COMMUNITY PROBLEMS:

These agreements and guidelines have direct bearing

on the scope of responsibility of other intelligence community

nembers and are in the nature of controls for both the FBI anc

other community members where common interests and responsi-

bilities are present.

NOTE:

Original via liaison to Central Community Index

in connection with Senstudy 75.

- 2 =

NWV 88608 Docld:32989532 Page 202

---

## Page 203

2 - Mr. S. F. Phillips

May 1, 1975

MATERIAL FOR SENATE SELECI COMMITITE (SSC)

( INVESTIGATING INTELLIGENCE ACTIVITIES

1. TITLE/SUBJECT: Organization of the FBI

2. ORICINATING ORGANIZATION: FBI

#MDNIG

ATI, INFORMATION COLITAINEU

PARE 1-19-01

3. NATURE OF MATERIAL: Letterhead memorandum (LHM)

4. DOCUMENT CLASSIFICATION: Unclassified

5. NATIONAL SECURITY INFORMATION STAMP: NA

6. SUMMARY OF CONTENTS:

LHM refers to a request for the titles and number

of FBI field Agents assigned to internal security, intelligence

collection, and/or counterintelligence matters, operations, or

activities, together with the percentage of total Agent manhours

devoted to such matters.

IIM advises that a current survey of

all FBI field offices had been made to obtain the desired data

but that since the information is considered highly sensitive,

it was not being furnished directly to the SSC, but being

maintained in the Intelligence Division at FBIHQ available

for review by appropriacely cleared personnel of the SSC

Staff upon request.

7. REQUESTER/DATE OF REQUEST:

+86-206 / 2-114375-601

SSC.

3/19/75

8. RELEASING AUTHORITY: FBI

Assoc. Dir. -

Dep. AD Adm. -

Dep. AD Inv.

9. DATE OF SUBMISSION: 4/21/75

HE MAY 7 1975

Asst. Dir.:

Admin.

Comp. Syst.

10. LOCATION OF FILE COPY: FBI file 62-116395-82 124

Ext. Affairs

Filos & Com.

Gen. Inv..

11. RELATION ID INTELLIGENCE COMMUNITY PROBLEMS: None.

Ident.

Inspection

62-116395

Intell.

-SFP ekv (4)tKw

Laboratory

Plan. & Eval. - NOTE:

Spec. Inv. -

Original via liaison to Central Community Index in

Training

_connection with Senstudy 75.

Logal Goun,

Teleph

am.-

Dire

MAZE ROOM I

TELETYPE UNIT

w trahua, Docld:32989532 Page 203

GP0 951-346

---