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OFFICE OF THE DIRECTOR

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D.C. 20535

STATEMENT OF

CLARENCE M. KELLEY

DIRECTOR

FEDERAL BUREAU OF INVESTIGATION

BEFORE THE

SENATE SELECT COMMITTEE ON INTELLIGENCE

SEPTEMBER 22, 1976

ICcin. 66-996

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Today marks my first appearance before the Senate

Select Committee on Intelligence.

I want to assure you that

I sincerely welcome the opportunity to work with you.

I believe that we can and must develop a clear

base of understanding between the Executive and Legislative

Branches on the proper role of the FBI in the discharge of

its complex national security responsibilities.

As the Supreme Court so aptly observed in its

Keith Decision in 1972, "Unless Government safeguards its

own capacity to function and to preserve the security of its

people, society itself could become so disordered that all

rights and liberties would be endangered."

Yet the maintenance of national security is a

hollow victory unless it can be achieved with the least

possible intrusion into the rights and privacy of our citizens.

Balancing these imperatives will require the greätest study

and serious thought.

Together, I feel we can reach a meaningful understanding

which will best serve our country.

Since I became Director in 1973, there has been a

continuous examination of all major aspects of the FBI's

operations. One such study, initiated in 1974, established

that a quality, rather than a caseload quantity, approach in

the assignment of our manpower and other resources would

produce better results.

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Originally, this quality approach was tried on an

experimental basis in four of our 59 field divisions. It

proved so successful that we implemented it field-wide in 1975.

Today, the quality approach is being applied to all

areas of jurisdiction, including those in the foreign

intelligence and domestic security fields that are of prime

interest to this Committee.

In July, 1973, we had 21,414 domestic security cases.

By March 31, 1976, before the Attorney General's guidelines

took effect, we had--through application of the quality

approach--reduced this caseload to 4,868 investigative matters,

a 78 percent reduction. As of September 20, 1976, this figure

has been further reduced to 626. This includes investigations

of 78 organizations and 548 individuals.

This reduction has been made possible largely because

we have discontinued investigations of rank and file members.

We are confident that the FBI can meet its responsibilities

by focusing our investigations on the activities of organ-

izations and on individuals who are in a policy-making position

in those organizations or who have engaged in activities which

indicate they are likely to use force or violence in violation

of Federal law.

In effecting this reduction, we have kept these

vital principles in mind: .

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First, there must be no sacrifice or compromise

of the essential security needs of the United States.

Second, there must be the least possible intrusion

on the rights and privacy of our citizens, including

their sacred right of legitimate dissent.

Third, although domestic security cases differ in

some respects from ordinary criminal investigations,

these cases should be tied as closely as possible to

actual or potential violations of Federal law. In

furtherance of this objective, last month I transferred

the supervision of all domestic security cases from our

Intelligence Division to our General Investigative

Division, which has responsibility over criminal matters.

In an effort to insure uniform adherence to the

guidelines and laws applicable to these and all other areas

of our jurisdiction, I have combined the Office of Planning

and Evaluation and the Inspection Division. In this new

Division I have created a Professional Responsibility Section.

It will report directly to me.

I have also expanded the role of the Legal Counsel

Division in reviewing all areas of FBI policies and operations.

Legal Counsel will report directly to me and to the Associate

Director.

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The investigations transferred include those

involving domestic organizations oriented toward violence

and individuals affiliated with such groups, as well as civil

unrest and demonstration matters and basic revolutionary

groups dedicated to the overthrow of the Government.

The

General Investigative Division will also be responsible for

several categories of criminal investigations formerly

administered by the Intelligence Division. These are

bombing matters, sabotage, passport and visa violations,

and protection of foreign officials and official guests

of the United States.

The guidelines which the Attorney General issued

last March set forth standards and procedures for domestic

security investigations. But, the FBI regards these to be

minimum standards. FBI Headquarters has imposed stringent

criteria to insure we use our manpower resources in the most

productive manner.

There are a number of reasons why we have been able

to bring about a major reduction in our domestic security

caseload.

The decade of the 1960's was marked by protests,

often violent, on our Nation's streets and campuses.

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We entered the 1970s still engaged in an undeclared

conflict in Vietnam which was unpopular with some segments

of our pooulation. Not in recent history had this country been

so divided over an issue, and this division was not limited

to rhetoric but included demonstrations that often erupted

into violence.

There were deliberate criminal acts, including

bombings and sabotage, by persons opposed to our involvement

in Vietnam. The role of the FBI in this confrontation was

clearly to thwart the efforts of those who resorted to

violence as an expression of their opposition.

With the cessation of the Vietnam War in early 1973,

a major cause for divisiveness in this country was eliminated, and

the potential for violence was lessened, but not eliminated.

The FBI began closing thousands of investigations

at that time as determinations were made that certain groups

and individuals no longer were engaged in activities that

were likely to involve violations of Federal law.

The FBI met the unusual challenges of the 1960s and

early 1970s. The Senate Select Committee has examined these.

and other problems in the intelligence field which led

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to the creation of this Oversight Committee; and as the

Committee is aware, the FBI fully cooperated in that review.

You have my absolute assurance that your Committee

will receive the same full cooperation in carrying out its

responsibilities under Senate Resolution 400.

One of the tasks confronting this Committee is the

formulation of a legislative charter defining the FBI's

jurisdiction in the domestic security and intelligence fields.

This will be a nost precise and demanding undertaking.

As I remarked to Senator Church's Committee, the

legislative charter must be

sufficiently flexible that it does

not stifle the FBI's effectiveness in combating the high

incidence of crime and violence across the United States.

The charter must clearly address the demonstrated problems

of the past; yet, it must amply recognize the fact that times

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

and subversive challenges.

The fact that the Department of Justice has

undertaken the formulation of operational guidelines governing

this area of our activities does not in any manner diminish

the need for legislation. The responsibility for conferring

jurisdiction resides with the Congress.

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, Routing Stip

0-7 (Rev. 7-11-75)

TO: SAC:

Albany

Albuquer que

Alexandria

Anchorage

Atlanta

Baltimore

Birmingham

"Boston

Buffalo

Butte

Charlotte

Chicago

Cincinnati

Cleveland

Columbia

Denver

1 Detroit

RE:

(Copies to

's Checked)

Houston

Indianapolis

Jackson

Jacksonville

Kansas City

Knoxville

Las Vegas

Little Rock

Los Angeles

Louisville

Memphis

Miami

Milwaukee

Minneapolis

Mobile

Newark

New Haven

New Orleans

New York City

¡ Norfolk

Oklahoma City

Omaha

Philadelphia

| Phoenix

Pittsburgh

Portland

Richmond

Sacramento

St. Louis

Salt Lake City

San Antonio

San Diego

San Francisco

San Juan

Savannah

Seattle

Springfield

Tampa

Washington Field

Quantico

Date =

TO LEGAT:

Bern

Bonn

Brasilia

Buenos Aires

Caracas

Hong Kong

London

Madrid

7 Manilä

Mexico City

Ottawa

J Paris

Rome

I Tel Aviv

Tokyo

Retention

For appropriate

• For information [ optional [I action

[ Surep, by

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¿ Enelosed are corrected pages from report of SA.

Remarks:

conceal all

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FBI - SAN JUAN

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Routing Slia

0-8 (R81, 7-11-75)

10: SAC:

Albany

Albuquergue

Alesandria

Anchorage

Atlanta

Baltimore

Binningham

Boston

- Buffalo

Butte

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Chicago

Cincinnati

Cleveland

Columbia

Dallas

Denver

Detroil

El Paso

= Honolulu

(Copies to

cos Checkod)

P.E:

Houston

1 Indianapolis

Jackson

Jacksonville

Kansas City

Knoxville

Las Vegas

little Rock

Los Angeles

Louisville

Memphis

Miami

Milwaukee

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] Mobile

Newark

1 New Haven

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New York City

Norfolk

I Okinhoma City

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San Antonio

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Dato December 4, 1975

HEARINGS BEFORE THE SENATE

SELECT COMMITTEE

Retention

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L For infomation I optional

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Ej Surep, by

• The enclosed is for your infonnation. If used in a future report.

Ej conceal all

sources, paraphrase contents.

• Enclosed ne corrected pages from report of SA

Remarks:

For your assistance in responding to

local press inquiries, attached is a copy of

unedited excerpted remarks by Assistant to the

Director--Deputy Associate Director James B.

Adams while testifying before the Senate Select

Committee on 12/2/75, concerning anti-FBI

allegations made by Gary Rowe, former FBI

informant.

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EXCERPTS OF REMARKS MADE BY

ASSISTANT TO THE DIRECTOR --

DEPUTY ASSOCIATE DIRECTOR JAMES B. ADAMS

TESTIFYING BEFORE THE

SENATE SELECT COMMITTEÉ

PERTAINING TO THE KU KLUX KLAN,

GARY ROWE, FORMER FBI INFORMANT, AND

PREVIOUS ATTEMPTS OF THE FBI

TO PREVENT VIOLENCE

DECEMBER 2, 1975

# 300

#4

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• .

QUESTION:

MR. ADAMS:

....You do use informants and do instruct them to

spread dissention among certain groups that they are

informing on, do you not?

We did when we had the COINTEL programs which were

discontinued in 1971, and I think the Klan is probably one

of the best examples of a situation where the law was

ineffective at the time. We heard the term, State's Rights

used much more than we hear today. We saw with the

Little Rock situation the President of the United States

sending in the troops pointing out the necessity to use

local law enforcement. We must have local law enforcement

use the troops. only as a last resort. When you have a

situation like this where you do try to preserve the

respective roles in law enforcement, you have historical

problems.

With the klan coming along, we had situations where

the FBI and the Federal Government was almost powerless

to act. We had local law enforcement officers in some

areas participating in Klan violence. The incidents

mentioned by Mr. Rowe--everyone of those he saw them from the

lowest level--the informant. He didn't see what action

was taken with that information as he pointed out during

his testimony. Our files show that this information was

reported to the police departments in every instance.

We also know that in certain instances the infor-

mation upon being received was not being acted upon. We

also disseminated simultaneously through letterhead

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QUESTION:

MR. ADAMS:

memorandum to the Department of Justice the problem.

And here we were--the FBI--in a position where we had no

authority in the absence of an instruction from the

Department of Justice to make an arrest. Section 241

anã 242 don't cover it because you don't have evidence

of a conspiracy. It ultimately resulted in a situation

where the Department called in U. S. Marshals who do have

authority similar to local law enforcement officials.

So historically, in those days, we were just as

frustrated as anyone else was, that when we got information

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

information--and it was passed on to those who had the

responsibility to do something about it, it was not always

acted upon as he indicated.

In none of these cases, then, there was adequate

evidence of conspiracy to give you jurisdiction to act.

The Departmental rules at that time, and still do,

require Departmental approval where you have a conspiracy.

Under 241, it takes two or more persons acting together.

You can have a mob scene and you can have blacks and whites

belting each other, but unless you can show that those that

initiated the action acted in concert, in a conspiracy, you

have no violation.

Congress recognized this and it wasn't until 1968

that they came along and added Section 245 to the Civil

Rights Statute which added punitive measures against an

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• .

QUESTION:

MR ADAMS:

QUESTION:

MR. ADAMS:

individual. There didn't have to be a conspiracy. This

was a problem that the whole country was grappling with--

the President of the United States, Attorneys General--we

were in a situation where we had rank lawlessness taking

place. As you know from the memorandum we sent you that

we sent to the Attorney General the accomplishments we were

able to obtain in preventing violence and in neutralizing

the Klan and that was one of the reasons.

....A local town meeting on a controversial social

issue might result in disruption. It might be by hecklers

rather than by those holding the meeting. Does this

mean that the Bureau should investigate all groups

organizing or participating in such meetings because

they may result in violent government disruption?

No sir, and we don't....

Isn't that how you justify spying on almost every

aspect of the peace movement?

No sir. When we monitor demonstrations, we monitor

demonstrations where we have an indication that the

demonstration itself is sponsored by a group that we have

an investigative interest in, a valid investigative

interest in, or where members of one of these groups are

participating where there is a potential that they might

change the peaceful nature of the demonstration.

This is our closest question of trying to draw

guidelines to avoid getting into an area of infringing

on the Ist Amendment right, yet at the same time, being

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• .

aware of groups such as we have had in greater numbers

in the past than we do at the present time. We have had

periods where the demonstrations have been rather severe

and the courts have said that the FBI has the right,

and indeed the duty, to keep itself informed with respect

to the possible commission of crime. It is not obliged

to wear blinders until it may be too late for prevention.

Now that's a good statement if applied in a clear-cut

case.

QUESTION:

MR. WANNALL:

MR. ADAMS:

Our problem is where we have a demonstration and

we have to make a judgment call as to whether it is one

that clearly fits the criteria of enabling. us to monitor

the activities. That's where I think most of our disagree-

ments fall.

In the Rowe Case, in the Rowe testimony that we just

heard, what was the rationale again for not intervening when

violence was known about. I know we have asked this several

times--I'm still having trouble understanding what the

rationale, Mr. Wannall, was in not intervening in the Rowe

situation when violence was known.

Senator Schweiker, Mr. Adams did address himself to

that and if you have no objections, I'll ask that he be

the one to answer the question.

The problem we had at the time, and it is the problem

today, we are an investigative agency; we do not have

police powers even like the U. S. Marshals do. The Marshals

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since about 1795 I guess, or some period like that, had

authorities that almost border on what a sheriff has. We

are the investigative agency of the Department of Justice,

and during these times the Department of Justice had us

maintain the role of an investigative agency.

We were to report on activities. We furnished the

information to the local police who had an obligation to

act. We furnished it to the Department of Justice in those

areas where the local police did not act. It resulted

finally in the Attorney General sending 500 U. S. Marshals

down to guarantee the safety of people who were trying to

march in protest of their civil rights.

This was an extraordinary measure because it came at

a time of Civil Rights versus Federal Rights and yet there

was a breakdown in law enforcement in certain areas of the

country. This doesn't mean to indict all law enforcement

agencies in the south at the time either, because many of

them did act upon the information that was furnished to

them. But we have no authority to make an arrest on the

spot because we would not have had evidence that was a

conspiracy available. We could do absolutely nothing in

that regard. In Little Rock the decision was made, for

instance, that if any arrests need to be made, the Army

should make them. And next to the Army, the U. S. Marshals

should make them--not the FBI, even though we developed

the violations. We have over the years as you know at the

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QUESTION:

MR. ADAMS:

QUESTION:

MR ADAMS:

Time there were many questions raised. Why doesn't the

FBI stop this? Why don't you do something about it? well,

we took the other route and effectively destroyed the Klan

as far as committing acts of violence and, of course, we

exceeded statutory guidelines in that area.

What would be wrong, just following up on your point

there, Mr. Adams, with setting up a program since it is

obvious to me that a lot of our informers are going to

have preknowledge of violence of using U. S. Marshals on

some kind of long-range basis to prevent violence?

We do. We have them in Boston in connection with

the busing incident. We are investigating the violations

under the Civil Rights Act, but the Marshals are in

Boston. They are in Louisville, I believe, at the same

time and this is the approach that the Federal Government

finally recognized.

On an immediate and fairly contemporary basis that

kind of help can be sought instantly as opposed to waiting

till it gets to a Boston state. I realize a departure from

the past and not saying it isn't, but it seems to me we need

a better remedy than we have.

Well, fortunately we are at a time where conditions have

subsided in the country even from the 60's and the 70's, or

50's and 60's. We report to the Department of Justice on

potential trouble spots around the country as we learn of them

so that the Department will be aware of them..: The planning

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QUESTION:

for Boston, for instance, took place a year in advance, with

state officials, city officials, the Department of Justice

and the FBI sitting down together saying "How are we going to

protect the situation in Boston"? I think we have learned a

lot from the days back in the early 60's. But, the Government

had no mechanics which protected people at that time.

Next I would like to ask, back in 1965, I guess during

the height of the effort to destroy the Klans as you put it

a few moments ago, I believe the FBI has released figures that

we had something like 2,000 informers of some kind or another

infiltrating the Klan out of roughly 10,000 estimated member-

• ship.

MR. ADAMS:

QUESTION:

MR. ADAMS:

That's right.

I believe these are FBI figures or estimates. That would

mean that I out of every 5 members of the Klan at that point

was an informant paid by the Government and I believe the

figure goes on to indicate that 70 percent of the new members

in the Klan that year were FBI informants. Isn't that an

awful overwhelming quantity of people to put in an effort such

as that? I'm not criticizing that we shouldn't have informants

in the Klan and know what is going on to revert violence but it

just seems to me that the tail is sort of wagging the dog. For

example today we supposedly have only 1594 total informants,

both domestic informants and potential informants. Yet, here

we have 2,000 in just the Klan alone.

Well, this number of 2,000 did include all racial matters

and informants at that particular time and I think the figures

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QUESTION:

MR. ADAMS:

we tried to reconstruct as to the actual number of Klan

informants in relaton to Klan members was around 6 percent, I

think after we had read some of the testimony on it. Isn't that

right, Bill? Now the problem we had on the Klan is the Klan

had a group called the Action Group. This was the group if you

remember from Mr. Rowe's testimony that he was left out of in

the beginning. He attended the open meetings and heard all the

hoorahs and this type of information but he never knew what was

going on because each one had an Action Group that went out and

considered themselves in the missionary field. Theirs was the

violence. In order to penetrate those you have to direct as

many informants as you possibly can against it. Bear in mind

that I think the newspapers, the President, Congress, everyone,

was concerned about the murder of the three civil rights

workers, the Lemul Penn case, the Violet Liuzzo case, the

bombings of the church in Birmingham. We were faced with one

tremendous problem at that time.

I acknowledge that.

Our only approach was through informants. Through the

use of informants we solved these cases. The ones that were

solved. There were some of the bombing cases we never solved.

They're extremely difficult, but, these informants as we told

the Attorney General and as we told the President, we moved

informants like Mr. Rowe up to the top leadership. He was the

bodyguard to the head man.

He was in a position where he

could see that this could continue forever unless we could

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QUESTION:

MR ADAMS:

QUESTION:

create enough disruption that these members will realize that

if I go out and murder three civil rights, even though the

Sheriff and other law enforcement officers are in on it, if

that were the case, and in some of that was the case, that I

will be caught, and that's what we did, and that's why violence

stopped because the Klan was insecure and just like you say

20 percent, they thought 50 percent of their members ultimately

were Klan members, and they didn't dare engage in these acts of

violence because they knew they couldn't control the conspiracy

any longer.

I just have one quick question. Is it correct that in

1971 we were using around 6500 informers for a black ghetto

situation?

I'm not sure if that's the year. We did have a year

where we had a number like that of around 6000 and that was

the time when the cities were being burned. Detroit, Washington,

areas like this, we were given a mandate to know what the

situation is, where is violence going to break out next. They

weren't informants like an individual that is penetrating an

organization. They were listening posts in the community that

would help tell us that we have another group here that is

getting ready to start another fire fight or something.

... Without going into that subject further of course we

have had considerable evidence this morning where no attempt

was made to prevent crime when you had information that it

was going to occur. I am sure there were instances where

you have.

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MR. ADAMS:

QUESTION:

MR. ADAMS:

QUESTION:

MR. ADAMS:

QUESTION:

MR. ADAMS:

QUESTION:

MR. ADAMS:

QUESTION:

MR. ADAMS:

QUESTION:

We disseminated every single item which he reported to us.

To a police department which you knew was an accomplice to

the crime.

Not necessarily knew.

Your informant told you that, hadn't he?

The informant is on one level. We have other informants

and we have other information.

You were aware that he had worked with certain members of

the Birmingham Police in order...

That's right. He furnished many other instances also.

So you really weren't doing a whole lot to prevent that

incident by telling the people who were already a part of it.

We were doing everything we could lawfully do at the

time and finally the situation was corrected when the Department

agreeing that we had no further jurisdiction, sent the U.s.

Marshals down to perform certain law enforcement functions.

...This brings up the point as to what kind of control

you can exercise over this kind of informant and to this

kind of organization and to what extent an effort is made to

prevent these informants from engaging in the kind of thing

that you were supposedly trying to prevent.

A good example of this was Mr.. Rowe who became active

in

an Action Group and we told him to get out or we were no longer

using him as an informant in spite of the information he had

furnished in the past. We have cases, Senator where we have had

But you also told him to participate in violent activities

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MR. ADAMS:

QUESTION:

MR. ADAMS:

QUESTION:

MR. ADAMS:

QUESTION:

We did not tell him to participate in violent activities.

That's what he said.

I know that's what he says, but that's what lawsuits

are all about is that there are two sides to issues and our

Agent handlers have advised us, and I believe have advised your

staff members, that at no time did they advise him to engage

in violence.

Just to do what was necessary to get the information.

I do not think they made any such statement to him

along that line either and we have informants who have gotten

involved in the violation of a law and we have immediately

converted their status from an informant to the subject and

have prosecuted I would say off hand, I can think of around

20 informants that we have prosecuted for violating the laws

once it came to our attention and even to show you our policy

of disseminating information on violence in this case during

the review of the matter the Agents have told me that they

found one case where an Agent had been working 24 hours a

day and he was a little late in disseminating the information

to the police department. No violence occurred but it showed

up in a file review and he was censured for his delay in

properly notifying local authorities. So we not only

have a policy, I feel that we do follow reasonable safeguards

in order to carry it out, including periodic review of all

informant files.

Mr. Rowe's statement is substantiated to some extent with

an acknowledgment by the Agent in Charge that if he were going

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• MR. ADAMS:

QUESTION:

QUESTION:

MR. ADAMS:

to be a Klansman and he happened to be with someone and they.

decided to do something, he couldn't be an angel. These are

words of the Agent. And be a good informant. He wouldn't

take the lead but the implication is that he would have

to go along or would have to be involved if he was going

to maintain his liability as a ---

There is no question that an informant at times will

have to be present during demonstrations, riots, fistfights

that take place but I believe his statement was to the

effect that, and I was sitting in the back of the room and I do

not recall it exactly, but that some of them were beat with

chains and I did not hear whether he said he beat someone with

a chain or not but I rather doubt that he did, because it is

one thing being present, it is another thing taking an

active part in a criminal action.

It's true. He was close enought to get his throat cut

apparently.

How does the collection of information about an

individual's personal life, social, sex life and becoming

involved in that sex life or social life is a requirement for

law enforcement or crime prevention.

Our Agent handlers have advised us on Mr. Rowe that

they gave him no such instruction, they had no such knowledge

concerning it and I can't see where it would be of any

value whatsoever.

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QUESTION:

MR. ADAMS:

You don't know of any such case where these instructions

were given to an Agent or an informant?

To get involved in sexual activity? No Sir.

-13-

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## Page 25

Su 694

NRO03 SJ PLAIN

12:47PM URGENT JANUARY 7, 1976 GRB

TO DIRECTOR

FROM SAN JUAN

ATTENTION: LEGAL COUNSEL AND INTELLIGENCE DIVISIONS

SENST UD Y 75

REFERENCE BUREAU TELETYPE, DECEMBER 3D, 1975.

SAC WARREN C. DE BRUEYS SCHEDULED TO ARRIVE EASTERN

• AIRLINES FLIGHT 946 AT 7:36 PM, JANUARY 7, 1976, AT

FRIENDSHIP AIRPORI; WILL REPORT TO ROOM 3658 JEH BUILDING

AT 8:0D AM, JANUARY 8, 1976, AS INSTRUCTED. PHONE NUMBER

WHILE IN WASHINGION WILL BE 941-4667.

END .

66-1062-14

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_ INDEXE

К ПЕ

tes

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## Page 26

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

Transmit the following in

TELETYPE

Via

FBI.

Date: 1/7/76

PLAINTEXT

(Type in plaintext or code)

URGENT

(Priority)

TO:

DIRECTOR

FROM: SAN JUAN

ATTENTION: LEGAL COUNSEL AND INTELLIGENCE DIVISIONS

SENSTUDY 75

REBUTEL 12/30/75.

SAC WARREN C. DE BRUEYS SCHEDULED TO ARRIVE EAL FLIGHT 946

AT 7:36 PM, 1/7/76 at FRIENDSHIP AIRPORT; WILL REPORT TO ROOM 3658

JEH BUILDING AT 8:00 AM 1/8/76 AS INSTRUCTED. PHONE NUMBER WHILE

IN WASHINGTON WILL BE 941-4667.

1 - SAN JUAN

WCD : mjb

(1)

Approved:

Wear.

Special Agent in Charge

NW 55270 DocId: 32989836

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SENT

SEARCHED a

SEARILIZEO IN

66-1062 - 14

Sent

M

Per

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

---

## Page 27

FD-36 (Rov. S-22-54)

Transmit the following in.

TELETYPE

Via

FBI

Date:

PLAINTEXT

(Type in plaintext or code)

URGENT

(Priority)

1/7/76

TO DIRECTOR

FROM SAN JUAN

ATTENTION: LEGAL COUNSEL AND INTELLIGENCE DIVISIONS

SENSTUDY 75

REFERENCE BUREAU TELETYPE, VECEMBER 30, 1975.

SAC WARREN C. DE BRUEYS SCHEDULED TO ARRIVE EASTERN

AIRLINES FLIGHT 946 AT 7:36 PM, JANUARY 7, 1976, AT

FRIENDSHIP AIRPORT; WILL REPORT TO ROOM 3658 JEH BUILDING

AT 8:00 AM, JANUARY 8, 1976, AS INSTRUCTED. PHONE NUMBER

WHILE IN WASHINGION WILL BE 941-4667.

END.

WCD:mjb/Iv

66-1062-14

WINDEXED®

SEARILIED LLLTILED.TI

Approved:

Special Agent in Charge

NW 55270 DocId: 32989836 Page 27

Sent

- M

Per

---

## Page 28

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

177-3080553

(Mount Clipping in Space Below)

Ordenaron actos ilegales

al FBI

(Indicate page, name of

newspaper, city and state.)

Por Bernard Ullmann

WASHINGTON, (AFP). - ba in-

vestigacion sobre el FBI que de

sartolla una comisión senatorial

sobre servicios de informaciones se

convirtió en un juicio postumo con-

trasu antiguo, pabrón;

Edgar

•Hoover;

vadores señalaron aqui. los obser

Las investigaciones superaron

todas las previsiones, y la lista: de

cargos contra Hoover, que dominó

con mano de hierro durante 40 años

al 'FBI parece interminable.

Después de los testimonios de

ayer;

resulta claro que Hoover

Truman pedia a Hoover información

sobre secretos politicos, paraypre

venir problemas y alguna vez escan-

dalos que pudieran molestarlo...

informado al dia sobre

mado dia over las este)

dades de políticos sudistas que se

oponían a la integración racial, eni

tanto Robert Kennedy, procurador

Le Justicia de su hermano John,

autorizó personalmente escuchas

ilegales sobre King y varios periodis

itas.

Durante la guerra de Vietnam,

Johnson se valio de Hoover para

vigilar a periodistas clebres, entre

los cuales el comentarista Joseph

—"CLARIDAD"

— December 5, 1975

— Page 6

— (SEE ATTACHED)

patrón de los -"inescables a, sur

Date:

Edition:

Author:

Editor:

Title:

Character:

or

Classification:

Submitting Office:

• Being Investigated

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

(Mount Clinaina in Space Below)

Benítez niega FBI,

CIA interfieran

Por Dixie Bayó

Sub-directorade CLARIDAD:

El comisionado residente de Puerto Rico en

Wáshington, Jaime Benite., aseguro que ningung

agencia de inteligencia norteamericana se inmis

cuye en los asuntos del pais, durante su compa-

recencia el pasado viernes en el programa Frente

al Pueblo que se transmite por la televisora

WIPR, Canal 6.

Benítez respondió así a la pregunta que se le

formuló sobre el informe publicado en la prensa del

pais eli pasado viernes 28 de una, subcomisión del:

Senado norteamericano. El mismo conclua que e!

Partido Socialista Puertorriqueño estaba invo

lucrado en una serie de supuestas actividades

terroristas, a pesar de que no presentó evidencia:

que vinculara a ningún militante de ese partido.

con los mencionados hechos.

los orme se basó en elitestimonio de dos tes:

tigos:anonimos que @.puertas cerradas testificaron:

el pasado mes de julio en el 'Senado norteamer-

cano. Sin embargo este no fue dado a la publicidad

hasta el viernes. 28 de noviembre, por órdenes ex

presas de dicha comision senatorial, fecha que

coincidia con la apertura del Segundo, Congreso

del PSP aquí.

"No sé a qué responde que se haya pedido la

publicacion de ese informe en esa techa; "pero yo

me vine a enterar de ese Congreso (Congreso del

PSP) hoy, (viernes) cuando llegue de Wash-.

ington," explicó.

Seguidamente se le: señaló al Comisionnao

• Residente que en Puerto Rico existen agencias de

inteligencia norteamericana que.si.saben:lo:que.es-

tá pasando en el país y en base a ello operan

"Yo les puedo asegurar que la CIA (Agencia

Central de Inteligencia) y el FBI (Buró Federal de

Investigaciones) nada tienen que ver con la po-

litica nacional puertorriqueña, aqui no mandantia

•CIA, ni él. EBI"'

"¿ aseguró Benítez.

(Indicate page, name of

newspaper, city and state.)

— "Claridad"

12/1/75

Pg. 3

— (See Attached)

-

Date:

Edition:

Autho

del:

Editor

offlo:

fora

Carmen

por Aspagaler

WiS

Classification:

Submitting Office

• Being Investigated

66-1063-11

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## Page 31

Por otro lado, el Comisionado Residente indico

que no existe ninguna contradiccion para los

dirigentes del P.P.D que alegan luchar por más

autonomía para Puerto Rico mientras que por otro

lado se atan mas económicamente al gobierno de

'Estados Unidos.

"Yo creo que los puertorniquenos tienen derecho

a todo lo que tienen los ciudadanos norteameri

canos, y a Estados Unidos les conviene recordar

nuestra autonomia para refutar asi los plantear

mientos de Cuba en las Naciones Unidas,"

Senalo además que no existe ningun malestar

entre los senadores y congresistas norteameri:

canos como resultado del alto porcentaje de puer

tomiqueno sujetos al programa de cupones de

alimentos.

"No, ningún legislador protesta, solamenté el

senador Allen ha dicho que los puertorriqueños

Valen más de là cuenta,"

indico.

En-und aparente critica al secretario del Depar

tamento de la: Vivienda José Enrique Arraras

benitez, señaló-que "para el político lo mejor es:

dejar de ser candidato para tantos puestos!'

Por otra parteraseguró que se postulara para la

reelección en la posición que ocupa ya que con:

sidera que su labor ha sido muy positiva

Abogo por el resteblecimiento de relaciones d

Kstados Unidos con Cuba Siemprey cuando

Cliba actúe: con seriedad en el caso de Puerto

Rico.'. Benitez repitio la posicion expresada por el

secretario de Estado, Henry Kissinger en el sen--

Durante la entrevista el dingente del PPD. se.

desbordo en elogios hacia el exgobernador Luis:

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(Mount Clipping in Space Below)

EL FBI trata de

mejorar su

¡pisoteadai

reputacióni

(Indicate page, name 8f

newspaper, city and state.)

- Page 20

— "El Nuevo Dia"

San Juan,

Puerto Rico

Por NICHOLAS. HORROCK

Hace algún tiempo, antes de que pasara la guerra

• de Vietnam y de que sobrevinieran el movimiento de-

los derechos civiles y el de la nueva izquierda, un.

agente especial del F.B.I. era uno de los héroes más

populares en los Estados Unidos. Era fuerte, in-.

corruptible, estaba bien entrenado, bien educado y;

siempre vestía impecablemente.

Defendía a su pais, "en la paz y en la guerra".:

• Pero esia imagen empezó a desvanecerse hace ya

algún tiempo. La semana pasada, James Adams, un

agente especial de muy buena presencia y de trato

impecable que es ayudante del Diréctor de la F.B.I

tuvo que responder por tres décadas de pecados

secretos cometidos por. el F.B.I. en el nombre de la

•seguridad nacional.

•*. El Comité Selecto del Senado sobre

Asuntos

Investigativos ha reunido una gran cantidad de datos i

sobre las operaciones investigativas domésticas cel!

F.B:I. Ha confirmado que hubo robos, cartas falsi-i

ficadas, extorsión, chantaje, vigilancia electrónica.

cy/418

(Original and one copy forwarded to

External Affairs Division on 12/3/75

w/ translation)

-WW 55270- DocId:32909636*-Page 32%

Dato: 12/1/75

Edition:

Author: Nicholas Horrock

Editor:

Tile: The FBI Tries Io

Improve its waning

Reputation.

Character:

or

Classification:

Sukmitting Office: Sai Juan

Being Investigated

66-1062-10

SEARGID

L= 3

1975.-

FB| - SAN JUAN

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## Page 33

no autorizada e intentos de hacer surgir la violencia

entre los militantes negros

• Uno de los hallazgos más importantes fue el de

una campaña que duró seis años en la que se trató de

desacreditar y deshonrar al Reverendo Martin.

Luther King Jr. Llegaron hasta el punto de enviarle

una grabación de incidentes

supuestamente

desagradables de su vida, grabación que habían?

obtenido mediante intercepciones telefónicas no;

autorizadas.y vigilancia secreta.El Sr. Adams.admi-y

tió que esta verganza había sido ilegal e injusti-

ficada.

Clarence M. Kelley, •el actual director del F.B.I.

• ha dicho que ha terminado con muchas de las prác-

ticas que le granjearon a esta agencia una mala

reputación. Algunas de las practicas habían finali-

zado antes de que él tomara el mando en el 1973.

Un ejemplo es el programa de contra-espionaje

conocido como "cointel" mediante el cual la agencia

trato de sembrar la disensión en grupos de los que no

aprobaba... Sus actividades eran en gran medida,

ilegales y el St. Kelley dijo que se les había puesto

término en el 1971. Miembros del comité del Senado

dijeron, sin embargo, que habían encontrado que to-

davía se usaron después del 1971 algunas prácticas*

¡legales bajo el nombre de "investigaciones intensi-

vas.

Aquí hay áreas no muy definidas. Aunque es

claramente ilegal el enviar una carta falsificada

ipara asustar a alguién, ¿será igualmente ilegal

entrevistarse con su patrono para saber algo de su

filiación, política?

Algunas de las víctimas del viejo programa de

contra-espionaje, como el Partido Socialista de

Trabajadores, creen que la agencia utiliza preguntas

que incomodan a la familia, llamadas telefónicas

repetidas y una gran vigilancia para molestar y no

.- para obtener información que se pueda usar en algun

caso judicial.

El Procurador General Edward H. Levi ha im-f

puesto controles más estrictos sobre la intercepción

telerónica. la eutor de la islacicia etrénies i

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mientras él y el Congreso tratan de formular nuévas

"Teyes al respecto.

Mucho de lo que hoy se considera equivocado en

los metodos del F.B.I. fue resultado de la personali-

dad y de las actitudes de J. Edgar Huover. Para '

muchos en los Estados Unidos, el Sr. Hoover era el

simbolo de la ley y del orden por cinco décadas, un

hombre que era el enemigo acérrimo de criminales y -

subversivos.

Pero durante los últimos cinco años ha surgido

una imagen mas siniestra del Sr. Hoover. Fue e

quien ordenó a sus agentes que desacreditaran al

*Dos sados por coint autorizó los trucos, y los méto-

. Ejercía un poder terrible sobre sus agentes y lo

hacía desde una oficina toda llena de archivos pri-

vados que contenían secretos personales respecto a

*Presidentes, Congresistas y otros oficiales. Ningún

hombre se pudu enfrentar al Sr. Hoover desde dentro

del F.B.I. durante su largo mando.

• EL F.B.I. no se propuso por él sólo quebrantar las

fleyes. En el 1940 el Presidente Roosevelt dejó de lado i

las libertades civiles y le ordenó al F.B.I. que utili-

zara la vigilancia electrónica en contra de agentes*

enemigos.

Durante los próximos treinta años otros Presi-

dentes le pedían al F.B.I. que luchara en contra de lo

que ellos consideraban amenazas provenientes del

Partido Comunista, del Ku Klux Kian, del movimien-

1 to anti-bélico radical y del servicio de espionaje so-

¡ viético.

Tanto los Presidentes como los Procuradores

Generales utilizaron al Sr. Hoover y él también los

utilizaba a ellos. El Sr. Hoover pedía autorización

para casi todas las actividades de la agencia, pero

ahora hay evidencia de que a menudo se excedía de

la autorización dada. La

mayoría

de los

Procuradores Generales no solían saber lo que haçía

el Sr. Hoover.

Ahora el Sr. Levile pide al airector del F.B.I. que;

sea enteramente iranco y no hay por que pensar que

Clarence Kelley no está accediendo a ello

•: El St, Hoover murió en mayo del 1572 y muchos de

---

## Page 34

los hombres que sirvieron bajo el se han retirado.

Ahora en el F.B.I. hay mayor libertad para hablar

con, la prensa, mayor libertad personal para los

agentes y no lay evidencia de que sè toleren prác-

ticas como el echar a andar rumores sobre los hábi-

tos sexuales de los opositores.

El Sr. Adams le pidió al comité del Senado la

semana pasada que le diera al F.B.I. unas "guías"

sobre.como.cumplir con sus responsabilidades dep

mantener la seguridad doméstica del país. Varios

miembros del comité y otros funcionarios del:

Departamento de Justicia dijeron que la maneras

* ayes que ile eque que la uncia obedeciera las

• Pero muchos congresistas creen que se deben

. hacer esfuerzos más permanentes para asegurarie a

la nación que no habrá abusos la próxima vez que el

país se enfrente a una crisis.

no to ti

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Translation from "El Nuevo Dia"

, dated 12/1/75.

THE FBI TRIES TO IMPROVE ITS WANING

REPUTATION

By: Nicholas Horrock

Some time ago, prior to the conclusion of the war

in Vietnam and the outgrowth of civil rights and the new '

deit, a special Agent of the FBI was one of the most popular

heroes of the United States. He was strong, incorruptible,

well-trained, well-educated

and always dressed in an

impeccable manner.

He defended his country "in times of peace and war."

Last week,

Director, had to respond

for three decades of secret sins

committed by the FBI in the name of national security.

The Senate Special Committee on Investigative

Maiters have gathered a large amount of information regaiding

domestic investigative operations of the FBI. It has confirmed

that there had been robberies, forged letters, extortion,

blackmail, unauthorized electronic surveillance and attempts

to stir violence among black militants..

One of the most important findings was that of a

six-year campaign to discredit and dishonor Reverend MARTIN

LUTHER KING JI.

They even sent him a recording containing

alleged unpleasant incidents of his life, which were obtained

through unauthorized telephone tapping and secret surveillance.

MI. ADAMS admitted that the reprisal was illegal and unfair.

CLARENCE M. KELLY, the present FBI Director, has

stated that he has put an end to many practices which brought

a bad reputation upon the Agency.

Some of the practices

had ceased before he took over in 1973.

An example is the counter-intelligence program known

as "cointel" through which the Agency tried to spread

dissension among groups that did not meet FBI approval. Their

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## Page 36

activities were largely illegal and MI. KELLY said they

had come to an end in 1971.

Members of the Senate

Committee said, however, that some illegal practices were

used after 1971 under the name of "intensive investigations."

In this respect, there are some areas which are

not clearly defined.

Although it is completely illegal

to send a forged letter to scara someone, is it illegal

as well to interview an employer to find out something

about someone's political affiliation?

Some af the victims of the old counter-intelligence

program, like the Socialist Workers Party, feel that the

Agency use interrogation to disturb the family, continuous

telephone. calls and heavy surveillance to annoy and not to

obtain information suitable for a judicial case.

Attorney General EDWARD H. LEVI have established

strict controls on telephone tapping. He has authorized

electronic surveillance on the basis of recent judicial

orders, while he and Congress try to formulatenew laws in

that respect.

Much of what today is considered as a mistake in

FEI methods, was the result of the personality and attitude

of J. EDGAR HOOVER. To many people in the United States,

Mr.

HOOVER was the symbol of law and order for five decades;

a man who was a vigorous enemy of criminals and subsersives.

But during the last five years a more sinister

image of Mr. HOOVER has emerged. He was the one who urdered

his Agents

•to discredit Dr. KING and it was him who authorized

the illegal methods used in

, "cointel."

He exercised a terrific power upon his Agents and

he exercised his power from an office full of private files

which contained personal secrets regarding Presidents,

Congressmen and other officers..

No man could confront Mr.

HOOVER from inside the FBI during his long tenure.

The FBI did not break the law only due to his power.

In 1940, President ROOSEVELT put aside civil rights and ordered

the FBI to utilize electronic surveillance against the enemy

agents.

-2-

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## Page 37

During the next 30 years other Presidents asked

the FBI to fight against what, they considered threats

coming from the Communist Party, the Ku Klux Klan, the

radical anti-war movement, and the Soviet espionage service.

Presidents, as well as Attorney Generals, utilized

MI. HOOVER

who, in turn, utilized them.

Mr. HOOVER asked

for authorization for almost all the Agency's activities,

but there is evidence now that he very often exceeded the

authorization granted.

The majority of the Attorney Generals

did not know what Mr. HOOVER was doing.

Now MI. LEVI asks the FBI Director to be completely

honest and there is no reason -to think 'that CLARENCE KELLY

is not agreeing to that.

MT. HOOVER died in May,, 1972, and many of the men

who served under him have retired. Now in the FBI there is

a greater freedom to speak to the press, greater personal

Freedom for the Agents and there is no evidence that the

FBI

tolerates practices like spreading rumors on the sexual

hadits of opponents.

MI. ADAMS asked the Senate Committee last week to

give the FBI some "guidelines" on how to fulfill its responsi-

bilities to support the domestic security of the country:

Several members of the Committee and other functionaries

the Depatment of Justice stated that the best way would

be

to have the Agency obey the laws that it has to enforce.

But many Congressmen believe that more lasting

efforts should be made to assure the Nation that there will

be no abuses if the country ever confionts another crisis.

They hope that a man would never be able to rule

the FBI for 50 years.

It is also evident that the Agency

should be the subject of a strong congressional vigilance.

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## Page 38

NRO4S WA PLAIN

1023PMNIT EL 19/9/75 GHS

TO ALL SACS

FROM DIRECT OR

INTERLEWS OF FBI EMPLOYEDS BY CONGRESSIONAL COAMITEES

BY MEMORANDUM TO ALL EMPLOYEES DATED MAY 28, 1975,

CAPTIONED "INTERVIEWS OF FBI EMPLOYEES," ALL EMPLOYEES WERE

ADVISED OF THE NECESSITY OF SECURING FBI HEADQUARTERS APPROVAL

PRIOR TO S BMITTING TO INTERVIEWS BY REPRESENTATIVES OF CON-

GRESSIONAL COMMITTEES. THE NECESSITY OF SECURING THIS AP-

PROVAL IS PROMPTED BY THE EMPLOYMENT AGREEMENT ALL EMPLOYEES

HAVE SIGNED.

YOU WERE ADVISED THAT CONGRESSIONAL STAFF MEMBERS

WERE CONDUCTING INTERVIEWS OF FORMER AND/OR CURRENT EMPLOYEES

AND THAT THIS BUREAU HAD PLEDGED ITS COOPERATION WITH CON-

GRESS. OUR COOPERATIVE EFFORIS, OF COURSE, MUST BE CONSISTENT

WITH BUREAU PROCEDURES.

RECENTLY, WE HAVE HAD ATTEMPTS BY CONGRESSIONAL

COMMITTEE S AFF MEMBERS TO INTERVIEW. CURRENT EMPLOYEES WITHOUT

PRIOR CONTACT WITH FBI HEADQUARTERS.. YOU ARE AGAIN REMINDED

martin conferend

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all agent

3

4

NoActiontake

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PAGE TWO

THAT IF A REPRESENTATIVE OF A CONGRESSIONAL COMMITTEE SHOULD

CONTACT A BUREAU EMPLOYEE, THAT EMPLOYEE SHOULD DECLINE TO.

RESPOND TO QUESTIONS POSED TO HIM AND ADVISE THE CONGRES-

SIONAL STAFF MEMBER OF THE NECESSITY OF RECEIVING FBI

HEADQUARTERS APPROVAL BEFORE RESPONDING TO QUESTIONS.

ENDHOLD

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PROPE "ITIL 9126175 PAU

TO ALL SACS

тури. о престов

LES VICE FOR PRESENT OR ERIES BURGAU EMPLOYEES..

66-1062-8

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NR033 WA CODE

19: 06PM 9/4/75- NITEL AJW

TO ALL SACS

FROM DIRECTOR: (62-11.6395)

PERSONAL ATTENTION.

SENSTUDY 75 1.

REBUIEL MAY 2, 1975.

PURPOSES OF INSTANT TELETYPE ARE TO (I REITERATE THAT

FBI HAS PLEDGED FULL COOPERATION: WITH THE SENATE SELECI

COMMITTEE. (SSC) AND WISHES TO ASSIST AND FACILITATE ANY

INVESTIGATIONS UNDERTAKEN BY THE SSC WITH RESPECI TO THE FBI;

AND: (2) SET FORTH NEM PROCEDURE

PELATING TO SSC 'STAFF

IPTERVIENS OF CURRENT AND FORMER FBI EMPLOYEES.

FOR: INFORNATION OF THOSE OFFICES WHICH HAVE NOT PREVIOUSLY

HAD CURRENT OR FORMER EMPLOYEES IN ITS ISPRITOY INTERVISUED ..

BY THE SSC, THE BUREAU FREQUENTLY LEARNS FROM THE SSC OR

OTHERWISE THAT FORMER EMPLOYEES ARE BEING CONSIDEPED FOR

INTERVIS! BY THE SSC STAFF. INSTRUCIIONS ARE ISSUED, FOP IND

FIELD OFFICE IO CONTACI THE FORMER EMPLOYEE TO ALERT MIM AS TO

POSSIBLE INTERVIEW, REMIND HIM OF HIS CONFIDENTIALITY AGREEMENT

WITH THE BUPEAU AND SUGGEST THAT IF HE IS

CONTACTE

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PAGE TWO

INTERVIEW, HE MAY CONTACT THE LEGAL COUNSEL DIVISION BY

COLLECI CALL FOR, FURTHER INFORMATION., IN THE USUAL CASE,

AS CIRCUMST ANCES UNFOLD, THE FORMER EMPLOYEE IS TOLD(1).

THAT HE MAS A RIGHI TO LEGAL COUNSEL, BUT THAT THE BUREAU•

CANNOT PROVIDE SAINE; (2)

THAT THE BUREAU HAS WAIVED THE.

CONFIDENTIALITY AGREEMENT FOR INE INTERVIEW MITHIN SPECIFIED

• PAPAMETERS; AND''(3) THAI THERT ARE FOUR PRIVILEGED AREAS IM

WHICH KE IS NOI REQUIRED IO ANSWER QUESTION. THESE AREAS

ARE RELATING TO INFORMATION WHICH MAY (A) IDENTIFY BUREAU"

/'. SOURCES; (B) REVEAL SENSITIVE METHODS/TECHNIQUES; (C) REVEAL

IDENT II IES OF IKIRD AGENCIES, INCLUDING FOREIGN INTELLIGENCE

AGENCIES, OR INFORMATION. FROM SUCH AGENCIES; AND (D) ADVERSELY

AFFECT ONGOING BUREAU INVESTIGATIONS.

HERETOFORE, BUREAU HAS OFFERED INTERVIEWEES COMSULIATION

PRIVILEGES WHEREBY A BUREAU SUPERVISOR WOULD BE AVAILABLE

NEARBY, ALTHOUGH NOI'ACTUALLY AI INIERVIEW, SO INTERVIEVEE

'MIGHT CONS UT WITH HIM SHOULD QUESTIONS ARISE AS TO PARAMETERS

OF INTERVIEW OR PRIVILEGED AREAS..

THE CONSULIANI DID NOT

AGI

AS A LEGAL ADVISOR..

EFFECTIVE IMMEDIATELY, BUREAU WILL NO LONGER PROVIDE

. NN 55270

DocId: 32989836 Page 42

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## Page 43

7

PAGE TYPES

ON-THE-SCENE PERSONNEL FOR CONSULTATION PURPOSES IO ASSIST

EITHER CURRENT OF FORMER EMPLOYEES.

PROSPECTIVE INTERVIEVEES'

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

DURING AN INTERVIEW, IHEY MAY CONTACI EITHER PERSONALLY (IF

INTERVIEW IS IN WASHINSTON, DO GO) OR BY COLLECT CALL, THE.

ASSISTANT PIRECTOR OF THE INTELLICENCE DIVISION, MP. "• R.

"ANNALL,, OR, IN HIS ABSENCE, SECTION CHIEF I O• GREGAP.

THIS CHANGE IN PROCEDURE SHOULD NOI BE CONSTRUED AS

•LESSENING THE ASSISTANCE WE ARE FURMISHING TO CURRENT AND

FORMER EMPLOYEES.

FOR YOUR ADDITIONAL INFORMATION, I AM WORKING WITH THE

DEPARTMENT IM EXPLORING AVENUES IO ARRANGE LEGAL REPRESENTATION,

WHEN NECESSARY, FOR CURRENT AND FORMER EMPLOYEES WITHOUT

EXPENSE TO THEM. YOU WILL BE KEPT ADVISED OF DEVELOPMENTS

IN THIS REGARD.

END

HOLD

NW 55270 DocId: 32989836 Page 43

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## Page 44

NR033 WA CODE.

10:06PM 9/4/75 NITEL AJN

TO ALL SACS

FROM DIRECTOR

(62-116395)

PERSONAL ATTENTION

SENSTUDY 75

REBUTEL MAY 2, 1975,

PURPOSES OF INSTANT TELETYPE ARE TO 1) REITERATE THAT

FBI HAS PLEDGED FULL COOPERATION WITH THÉ SENATE SELECT

COMMITTEE (SSC) AND WISHES TO ASSIST AND FACILITATE ANY

INVESTIGATIONS UNDERTAKEN BY THE SSC WITH RESPECI TO THE FBI;.

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

INTERVIEWS OF CURRENT AND FORMER FBI EMPLOYEES

FOR INFORMATION OF THOSE OFFICES WHICH HAVE NOT PREVIOUSLY

HAD CURRENT OR FORMER EMPLOYEES IN IS TERRITOY INTERVIEWED

BY THE SSC, THE BUREAU FREQUENTLY LEARNS FROM THE SSC OR .

OTHERWISE THAT FORMER EMPLOYEES ARE BEING CONSIDERED FOR

INTERVIEW BY THE SSC STAFF• INSTRUCIIONS ARE ISSUED. FOR THE

FIELD OFFICE TO CONTACT THE FORMER EMPLOYEE TO ALERT HIM AS TO

POSSIBLE INTERVIEW, REMIND HIM OF HIS CONFIDENTIALITY AGREEMENT

WITH THE BUREAU AND SUGGEST THAT IF HE IS CONTACTED FOR

66-1062 7

i..

NW 55270 DocId: 32989836 Page 44

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## Page 45

PAGE TWO

INTERVIEW, HE MAY CONTACI THE LEGAL COUNSEL DIVISION BY

COLLECT CALL FOR FURTHER INFORMATION, IN THE USUAL CASE,

AS CIRCUMSTANCES UNFOLD, THE FORMER EMPLOYEE IS TOLD I

THAT HE HAS A RIGHT TO LEGAL COUNSEL, BUT THAT THE BUREAU

CANNOT PROVIDE SAMES. (2) THAT THE, BUREAU HAS WAIVED THE

CONFIDENTIALITY AGREEMENT FOR THE INTERVIEV WITHIN SPECIFIED

PARAMETERS; AND (3) THAT THERE: ARE FOUR PRIVILEGED AREAS IN

WHICH HE IS NOT REQUIRED TO ANSWER QUESTION. THESE AREAS

ARE RELATING TO INFORMATION WHICH MAY (A) IDENTIFY BUREAU

SOURCES; (B) REVEAL SENSITIVE METHODS/TECHNIQUES; (C) REVEAL

IDENTITIES OF THIRD AGENCIES, INCLUDING FOREIGN INTELLIGENCE

ÁGENCIES, OR INFORMATION FROM SUCH AGENCIES; AND (D) ADVERSELY

AFFECT ONGOING BUREAU INVESTIGATIONS.

HERETOFORE, BUREAU HAS OFFERED INTERVIEWEES CONSULTATION

PRIVILEGES WHEREBY A BUREAU SUPERVISOR WOULD BE AVAILABLE

NEARBY, ALTHOUGH NOT ACTUALLY AT INTERVIEW, SO INTERVIEWEE

MIGHT CONS LT WITH HIM SHOULD QUESTIONS ARISÈ AS TO PARAMETERS

OF INTERVIEW OR PRIVILEGED AREAS. THE CONSULTANT DID NOT ACT

AS A LEGAL ADVISOR.

EFFECTIVE IMMEDIATELY, BUREAU WILL NO LONGER PROVIDE

NW 55270 DocId: 32989836 Page 45

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## Page 46

PAGE THREE

ON-THE-SCENE PERSONNEL. FOR CONSULTATION. PURPOSES TO ASSIST

EITHER CURRENT OF FORMER EMPLOYEES, PROSPECTÍVE INTERVIEWEES

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

DURING AN INTERVIEW, THEY MAY CONTACT EITHER' PERSONALLY (IF

INTERVIEW IS IN WASHINGION; Do CO) OR BY COLLECT CALL, THE

ASSISTANT. DIRECIOR OF THE INTELLIGENCE DIVISION, MR. We Ro

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

THIS CHANGE IN PROCEDURE SHOULD NOT BE CONSTRUED AS

LESSENING THE ASSISTANCE WE ARE FURNISHING TO CURRENT AND

FORMER EMPLOYEES.

FOR YOUR ADDITIONAL INFORMATION; I AM WORKING WITH THE-

DEPARTMENT IN EXPLORING AVENUES TO ARRANGE LEGAL REPRESENTATION,

WHEN NECESSARY, FOR CURRENT AND FORMER EMPLOYEES WITHOUT

EXPENSE TO THEM. YOU WILL BE KEPT ADVISED OF DEVELOPMENIS

IN THIS REGARD.

END

HOLD

NW 55270

DocId: 32989836 Page 46

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## Page 47

NR024 WA CODE 3:20 AM 6-14-75

PM NITEL 6-13-75 VLJ

TO ALL SACS

66-1062

FROM DIRECTOR (62-116464)

PERSONAL ATTENTION

HOUSTUDY 75.

REBUTELS MAY 2, 20, 1975, "SENSTUDY 75."

BUFILE 62-116464 AND CODE NAME. "HOUSTUDY 75" DESIGNATED

FOR ALL MATTERS RELATING IO HOUSE SELECT COMMITTEE IO STUDY

GOVERNMENTAL OPERATIONS WITH RESPECT TO INTELLIGENCE ACTIVITIES

AND BUREAU'S HANDLING OF MATTERS PERTAINING THERETO. USE

THIS FILE NUMBER AND CAPTION FOR MATTERS RELATING TO HOUSE

COMMITTEE AS SEPARATE FROM SENSTUDY 75 FOR MATTERS RELATING

TO SENATE COMMITTEE.

END

FBI SU HXC ACK FOR ONE HOLDING

Reed 3:33 Am

6/14/35 NA

ASAC-

#Y

SALUTER

66-1062-4

SEARCHED

SERIALIZED_

_ INDEXED!

_FILED.

JUN 1 41973

FBI = SAN JUAN

- 00

NW .55270 DocId: 32989836 Page 47

---

## Page 48

NR024 WA CODE 3:20 AM 6-14-75

PM NITEL 6-13-75 VLJ

TO ALL SACS

FROM DIRECTOR (62- 116464)

PERSONAL ATTENTION

HOUSTUDY 75-

REBUTELS MAY 2, 20, 1975, "SENSTUDY 75*" .

BUFILE 62-116464 AND CODE NAME "KOUSTUDY 75" DESIGNATED

FOR ALL MATTERS RELATING TO HOUSE SELECI COMMITTEE TO STUDY:

GOVERNMENTAL OPERATIONS WITH RESPECT TO INTELLIGENCE ACTIVITIES

AND BUREAUTS HANDLING OF MAITERS PERTAINING THERETO, USE

THIS FILE NUMBER AND CAPTION FOR MATTERS RELATING TO HOUSE

COMMITTEE AS SEPARATE

FROM SENSTUDY 75 FOR MATTERS RELATING

TO SENATE COMMITEÉ.

END

FBI SU HXC ACK FOR ONE HOLDING

66-1062-4

SEARCHED..

INDEXED.

SECUL205 FILD.

101: 9191

NW

55270 DocId: 32989836

Page 48

---

## Page 49

NR022 WA CODE

7:35PM NITEL 6-13-75 VLJ

TO ALL SACS

FROM DIRECTOR

(62-116464)

PERSONAL ATTENTION

ROUSTUDY 75.

REBUTELS MAY 2, 2D, 1975, "SENSTUDY 75." •

BUFILE 62-116464 AND CODE NAME "HOUSTUDY 75" DESIGNATED

FOR ALL MATTERS RELATING TO HOUSE SELECT COMMITTEE TO STUDY

GOVERNMENTAL OPERATIONS WITH RESPECT TO INTELLIGENCE ACTIVITIES

AND BUREAU'S HANDLING OF MATTERS PERTAINING THERETO. USE

THIS FILE NUMBER AND CAPTION FOR MATTERS RELATING TO HOUSE

COMMITTEE AS. SEPARATE FROM SENSTUDY 15 FOR MATTERS RELATING

TO SENATE COMMITTEE.

• END

FBISO, SAA ACK FOR ONE GA

4/0o/5

It LasT)

66-10625

SEARCHED. INDEXED

_FILED.

JUNe 5 1975

FBI SAN JUAN

NW 55270 DooId: 32989836

* Page

49

---

## Page 50

OFFICE OF THE DIRECTOR

1-75

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

WASHINGTON, D.C. 20535

May 28, 1975

MEMORANDUM TO ALL EMPLOYEES

RE: INTERVIEWS OF FBI EMPLOYEES

All employees are advised that Congress is conducting

an inquiry into activities of the Federal Bureau of Investigation.

Congressional staff members are conducting interviews of former

and current FBI employees. This Bureau has pledged its cooperation

with the Congress.

You are reminded of the FBI Employment Agreement

(copy attached) with which you agreed to comply during your employment

in the FBI and following termination of such employment.

Regulations, Section YOu 22 (copy attached), which reads as follers!

"No employee or former employee of the Department of

Justice shall, in response to a demand of a court or other authority,

produce any material contained in the files of the Department or disclose

any information relating to material contained in the files of the Department,

or disclose any information or produce any material acquired as part of

the performance of his official duties or because of his official status

without prior approval of the appropriate Department official or the

Attorney General in accordance with Section 16.24."

Also, you are reminded of Department of Justice Order

Number 116-56, dated May 15, 1956, (copy attached) which, among

other things, requires an employee upon the completion of his testimony

to prepare a memorandum outlining his testimony.

Our cooperative efforts, of course, must be consistent

with the above cited authority. Therefore, if you are contacted for

purpose of interview or testimony you are to request approval as

required by the Employment Agreement and await authorization before

furnishing information, testimony, or record material.

Enclosures (3)

citellit

66-1062

SERIALIZED...

Clarence M. Kelley

JUK AS 1975

Director

FBI - SAN JUAN

nor 55278 mada8: 32989836.

Page 50

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## Page 51

FD-291 (Rev. 11-1-73)

EMPLOYMENT AGREEMENT

As consideration for employment in the Federal Bureau of Investigation (FBI), United

States Department of Justice, and as a condition for continued employment, I hereby declare

that I intend to be governed by and I will comply with the following provisions:

(1) That I am hereby advised and I understand that Federal law such as

Title 18, United States Code, Sections 793, 794, and 798; Order of the

President of the United States (Executive Order 11652); and regulations

issued by the Attorney General of the United States (28 Code of Federal

Regulations, Sections 16. 21 through 16.26) prohibit loss, misuse, or un-

authorized disclosure or production of national security information, other

classified information and other nonclassified information in the files of

the FBI;

(2) I understand that unauthorized disclosure of information in the files

of the FBI or information I may acquire as an employee of the FBI could

result in impairment of national security, place human life in jeopardy, or

result in the denial of due process to a person or persons who are subjects

of an FBI investigation; or prevent the FBI from effectively discharging its

responsibilities. I understand the need for this secrecy agreement; there-

fore, as consideration for employment I agree that I will never divulge,

publish, or reveal either by word or conduct, or by other means disclose to

any unauthorized recipient without official written authorization by the

Director of the FBI or his delegate, any information from the investigatory

files of the FBI or any information relating to material contained in the files,

or disclose any information or produce any material acquired as a part of the

performance of my official duties or because of my official status. The burden

is on me to determine, prior to disclosure, whether information may be disclosed

and in this regard I agree to request approval of the Director of the FBI in each

such instance by presenting the full text of my proposed disclosure in writing to

the Director of the FBl at-least thirty (30) days prior to disclosure. I understand

that this agreement is not intended to apply to information which has been placed

in the public domain or to prevent me from writing or speaking about the 'FBI but

it is intended to prevent disclosure of information where disclosure would be

contrary to law, regulation or public policy. I agree the Director of the FBI is

in a better position than I to make that determination;

(3) I agree that all information acquired by me in connection with my official

duties with the FBI and all official material to which I have access remains

the property of the United States of America, and I will surrender upon demand

by the Director of the FBI or his delegate, or upon separation from the FBI, any.

material relating to such information or property in my possession;

(4) That I understand unauthorized disclosure may be a violation of Federal

law 'and prosecuted as.a criminal offense and in addition to this agreement may

be enforced by means of an injunction or other civil remedy.

I accept the above provisions as conditions for my employment and continued employment

in the FBI: l'agree to comply with these provisions both during my employment in the FBI and

following termination of such employment.

(Signature)

(Type or print name)

Witnessed and accepted in behalf of the Director, FBI, on

, 19

ANY 352780060666Ssk989836

- , by.

(Signature)

Page 51

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## Page 52

NW 55270

Office of the Atturney General

Washington, A. C. 20530

January 18, 1973

ORDER NO.501-73

RULES AND REGULATIONS

Title 28— JUDICIAL

ADMINISTRATION

Chapter I-Department of Justice

(Order 501-73]

PART 16- PRODUCTION OR DISCLO-

SURE OF MATERIAL OR INFORMA-

Subpart B-Production or Disclosure

in Response to Subpenas or De-

mands of Courts or Other Authori-

This order delegates to certain De-

partment of Justice officials the author

ity to approve the production or dis-

closure of material or information con-

tained in Department files, or informa-

tion or material acquired by a person

while employed by the Department. It

applies where a subpena, order or other

demand of a court or other authority,

such as an administrative agency, is is

sued for the production or disclosure of

By virtue of the authority vested in me

by 28 U.S.C. 509, 510, and-5 -U.S.C. 301,

Subpart B of Part 16 of Chapter I of

Title 28, Code of Federal Regulations, is

revised, and its provisions renumbered,

to read as follows:

Subpart B-Production or Disclosure in Responso

to Subpenas or Demands of Courls or Other

Authorities

Sec.

0.21 Purpose and scope

16.22

Production

or disclosure prohibited

unless approved by appropriate De-

partment ofcial.

16.23 Procedure in the event of & demand

tion by the appropriate Di

partment offclal or the Attorney

Goneral.

.6.25 Procedure where a Department deci-

sion concerning a demand is not

made prior to the time 'a response

to the demand is required.

6.26 Procedure in the event of an adverse

101. THORITY: 28 U.S.C. 509, 510 and 5 U.S.C.

iubpart B-Production or Disclosure

in Response to Subpenas or De-

mands of Courts or Other Authori-

ties

§ 16.21 Purpose and scope.

(a) This subpart sets forth the pro-

¿edures to be followed when a subpena,

order, or other demand (hereinafter re-

ferred to as & "demand") of & court os

DocId: 32989836

Page 52

other authority is issued for the produc-

disclosure of (1) any material

contained in the files of the Department,

(2) any information relating to material

contained in the files of the Department,

any informatior

acquired by any person while such per.

son was an employee of the Department

as a part of the performance of his of-

ficial duties or because of his official

(b) For purposes of this subpart, the

term "employee of the Department" in-

cludes all officers and employees of the

United States appointed by, or subject

to the supervision, jurisdiction, or control

of, the Attorney General of the United

States,

including U.S. attorneys,

marshals, and members ottorness, is os

those ofcials.

§ 16.22

Production or disclosure prohib-

ited unless approved by appropriate

Department official.

No employee or former employee of the

Department of Justice shall, in response

to a demand of a court or other au-

thority, produce any material contained

in the files of the Department or disclose

any information relating to material con-

tained in-the files-of the Department, or

disclose any information or produce any

material acquired as part of the per-

formance of his official duties or because

of his official status without prior ap-

proval of the appropriate Department of-

ficial or the Attorney General in accord-

ance with § 16.24.

§ 16.23 Procedure in the event of a de-

mand for production or disclosurc.

(a) Whenever a demand is made upon

an employee or former employee of the

Department for the production of ma-

terial or the disclosure of information

described in § 16.21(a), he shall im-

mediately notify the U.S. attorney for

the district where the issuing authority

is located. The U.S. attorney shall im-

mediately request instructions from the

appropriate Department offcial, as desig-

nated in paragraph (b) of this section.

(b) The Department officials author-

ized to approve production or disclosure

under this subpart are:

(1) In the event that the case or other

matter which gave rise to the demanded

material or information is or, if closed,

was within the cognizance of a division

of the Department,

the Assistant At-

torney General in charge of that divi-

sion. This authority may be redelegated

to Deputy Assistant Attorneys General.

(2) In instances of demands that are

not covered by paragraph (b) (1) of this

section:

JON

E...

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## Page 53

(1) The Director of the Federal Bu- § 16.26 Procedure in the event of an ad-

reau of Investigation, if the demand is

verse ruling.

one made on an employee or former em-

If the court or other authority declines

ployee of that Bureau for information to stay the effect of the demand in re-

or if the demand calls for the production

of materlal from the files of that Bu-

sponse to & request made in accordance

reau, and

with § 16.25 pending receipt of instruc-

(II) The Director of the Bureau of tions, or if the court or other authority

Prisons, if the demand is one made on

rules that the demand must be com-

an employee or former employee of that plied with irrespective of instructions

Bureau for information or if the de-

not to produce the material or disclose

feasible, & statement by the party.seck-

ing the testimony or his attorney, setting

forth & summary of the testimony de-

sired, must be furnished for submission

by the U.S. attorney to the appropriate

Department oficial.

816. Departme are by oh a Mority

Department official or the

Cencral.

(a) If the appropriate Department of-

ficial, as designated in'§ 16.23(b), ap=

proves a demand for the production of

material or, disclosure of information,

he shall so notify the U.S. attorney and

such other persons as circumstances may

warrant.

(b) •If the

appropriate

Department

official,

as

designated

in

§ 16.23(b),

decides not to approve & demand for the

production of material or disclosure of

information, he shall immediately refer

the demand to the Attorney General for

decision. Upon such referral, the Attor-

ney General shall make the final decision

und give notice thereof to the U.S. attor

ney

and such other persons as circum

stances may warrant.

Dated: January 11, 1973.

RICHARD G. KLEINDIENST,

Attorney General.

(PR. Doc.73-1071 Filed 1-17-73;8:45 am)

the demand is required.

If response to the demand is required

before the instructions from the appro-

priate Department ofcial or the Attor-

ney General are received, the U.S. attor-

ley or other Department attorney des

ignated for the purpose shall appear witt

he employee or former employee of th

Department upon whom the demand ha

seen made

the demand has been,

the case

may be,

referred

prompt consideration oftene a prop ate

Department official and shall

sully request the court or authority to

stay the demand pending receipt of the

requested instructions.

NIN

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OFFICE OF THE ATTORNEX GENERAT

WASHINGTON, D. C.

May 15, 1956

ORDER NO. 116-56

It is the policy of the Department of Justice to extend the fullest

possible cooperation to congressional committees requesting information from

departmental files, interviews with department employees, testimony of depart-

ment personnel, or testimony of Federal prisoners. The following procedures

are prescribed in order to effectuate this policy on a basis which will be

mutually satisfactory to the congressional committees and to the Department.

This order supersedes the Deputy Attorney General's Memorandum No. 5, dated

March 23, 1953, and his Memorandum No. 97, dated August 5, 1954. It:

Izes the Attorney General's press release of November 5, 1953, establishing

procedures to permit committees of the Congress and their authorized repre-

sentatives to interview and to take sworn testimony from Federal prisoners.

It supplements Order No. 3229 (Revised) dated January 13, 1953, and Order

No. 3464, Supplement No. 4 (Revised) dated January 13, 1953. (with Memorandum

of "Authorization Under Order No. 3464 Supplement No. 4 (Revised)" dated

January 13, 1953), Insofar as said orders have reference to procedures to be

followed in the Department's relations with congressional committees. In

support of this order, reference should be had to the President's letter

dated May 17, 1954, addressed to the Secretary of Defense, and to the Attorney

General's Memorandum which accompanied it.]

A. REQUESTS FOR INFORMATION FROM. DEPARTMENT FILES

1. Congressional committee requests for the examination of files

or other confidential information should be reduced to writing, signed by

the chairman of the committee, and addressed to the Deputy Attorney General,

who is responsible for the coordination of our liaison with Congress and

congressional committees. The request shall state the specific information

sought as vell as the specific objective for which it is sought. The Deputy

Attorney General will forward the request to the appropriate division where a

reply will be prepared and returned. for the Deputy Attorney General's signa-

ture and dispatch to the chairman of the committee.

2. Il the reguest concerns a closed case, 1. e., one in which

there is no litigation or administrative action pending or contemplated,

the file may be made available for review in the Department, in the presence

of the official or employee having custody thereof. The following procedure

shall be followed in such cases:

a. The reply letter will advise the committee that the

file is available for examination and set forth the

name, telephone extension number, and room number of

the person who will have custody of the file to be

reviewed;.

NW 55270 DocId: 32989836 Page 54

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## Page 55

- 2 .

D. Before making the file available to the committee

representative all reports and memoranda from the FBI

as well as investigative reports from any other agency,

will be removed from the file and not be made available

for examination; provided however that if the committee

representative states that it is essential that information

from the FBI reports and memoranda be made available,

he will be advised that the request will be considered

by the Department.

Thereafter a summary of the contents

of the FBI reports and memoranda involved will be

prepared which will not disclose investigative tech-

niques, the identity of confidential Informants, or

other matters which might jeopardize the investigative

operations of the FBI. This sumary will be forwarded

by the division to the FBI with a request for advice as

to whether the fBI has any objection to examination of

such summary by the committee representative. The file

will not be physically relinquished from the custody of

the Department.

If the committee representative desires

to examine investigative reports from other government

agencies; contained in the files of the Department, he

will be advised to direct his request to the agency whosè

reports are concerned..

3. If the request concerns an open case, 1. e., one which liti-

gation or administrative action 1s pending or contemplated, the file may

not be made available for examination by the committee's representative.

The following procedure shall be followed:

a. The reply letter should advise the committee that

Its request concerns a case in which litigation or

administrative action is pending or contemplated, and

state that the file cannot be made available until the

case is completed; and

b. Should briefly set forth the status of the case in

as much detail as is practicable and prudent without

jeopardizing the pending contemplated litigation or

administrative action.

B. REQUESIS FOR INVORVIES WITH DEPARIMENTAL PERSONNEL

1.. Requests for interviews with departmental personnel regarding

any official matters within the Department should be reduced to writing,

signed by the chairman of the committee, and addressed to the Deputy Attorney

General.. When the approval of the Deputy Attorney General is given, the

employee is expected to discuss such matters freely and cooperatively with

the representative, subject to the limitations prescribed in A respecting

open cases and. data in investigative reports;

NW 55270 DocId: 32989836

Page 55

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## Page 56

!

-3 -

2. Upon the completion of the interview with the committee repre-

sentative the employee vill prepare a summary of it for the file, with a

copy routed to his division head and a copy routed to the Deputy Attorney

General.

C. EMPLOYEES TESTIFYING BEFORE CONGRESSIONAI COMMITTEES

1. When an employee is requested to testify before a congressional

committee regarding official matters sithin the Department the Deputy Attorney

General shall be promptly informed.

When the Deputy Attorney General's approv-

al is given the employee is expected to testify freely subject to limitations

prescribed in A respecting open cases and data in investigative reports;

2. An employee subpoenaed to testify before a congressional committee

on official matters within the Department shall promptly notify the Deputy

Attorney General. In general he shall be guided in testifying by Order 3229

(Revised) and the President's letter of May 17, 1954, cited at the beginning

of this Order.

3. Upon the completion of his testimony the employee will prepare

a memorandum outlining his testimony with a copy routed to his division head

and a copy routed to the Deputy Attorney General.

D. REQUESTS OF CONGRESSIONAL COMMITTEES FOR THE TESTIMONY OF FEDERAL PRISONERS

Because of the custodial hazards involved and the extent to which

their public testimony may alfect the discipline and well-being of the institu

tion, it is the policy of the Department not to deliver Federal prisoners out-

side the penal institution in which they are Incarcerated for the purpose of

being intervieved or examined under oath by congressional committees. However,

when it appears that no pending investigation or legal proceeding will be

adversely alfected thereby and that the public interest will not be otherwise

adversely affected, Federal prisoners may be interviewed or examined under oath

by congressional committees in the institution in which they are incarcerated

under the following procedures, and with the specific advance approval of the

Deputy Attorney General.

I. Arrangements for interviewing and taking of sworn testimony

from a federal prisoner by a committee of the Congress or the authorized

representatives of such a committee shall be made in the form of a written

request by the chairman of the committee to the Deputy Attorney General.

2. Such written request shall be made at least ten (10) days

prior to the requested date for the interview and the taking of testimony .

and shall be accompanied by written evidence that authorization for the

interview or the taking of svorn testimony was approved by vote of the com-

mittee. Such request shall contain a statement of the purpose and the sub-

jects upon which the prisoner will be interrogated as vell as the names of

all persons other than the representatives of the Department of Justice who

will be present.

3. A member of the interested committee of the Congress shall be

present during the entire time of the interrogation.

NN 55270 DooId: 32989836 Fage 56

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## Page 57

4. The varden of the penal institution in which the Federal

prisoner is Incarcerated shall, at least forty-eight (48) hours prior to the

time at which the interview takes place, advise the Federal prisoner concerned

of the proposed interview or taking of

svorn testimony; and shall further

advise that he is under the sane, but no greater obligation to answer than any

other witness who is not a prisoner.

5. The warden of the penal institution shall have complete

authority in conformity with the requirements of security and the mainte-

nance of discipline to limit the number of persons who will be present at

the interview and taking of testimony.

at the interview and at the taking of testimony and the Department of Justice

shall have the right to have one of its representatives present throughout

7. The committee shall arrange to have a stenographic transcript

made of the entire proceedings at committee expense and shall furnish a copy

of the transcript to the Department of Justice.

E. OBSERVERS IN ATTENDANCE AT COMMITTED HEARINGS

In order that the Department may be kept currently advised in

matters within its responsibility, and in order that the Deputy Attorney

General may properly coordinate the Department's liaison with Congress and

its committees, each division that has an observer in attendance at a

congrssional hearing, vill have the observer prepare a written summary of

the proceeding which should be sent to the division head and a copy routed

to the Deputy Attorney General.

/s/ Herbert Brownell, Jr.

Attorney General

NW 55270

Docid: 32989836

Page 57

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## Page 58

NRE36 VA CODE

6:29PM NITEL 5-20-75 PAW:

TO ALL SACS

FROM DIRECTOR (62-115395)

PERSON YESTION

SENSTUDY - 75.

REBUTEL MAY 2, 1975.

IN CONNECTION WITH WORK OF THE SENATE AND HOUSE SELECT

COMMITTERS, ITS REPRESENIATIVES MAY CONTACI YOUR OFFICE FOR

INFORMATION.

IN ONE RECENT INSTANCE, A REPRESENTATIVE OF THE SENATE

SELECI COMMITTEE TELEPHONICALLY INQUIRED AS TO IDENTITY OF SAC

IN A PARTICULAR OFFICE DURING 1970.

' IN HANDLING SUCH, INQUIRIES INSURE ESTABLISHING BONA FIDES •

OF REPRESENTATIVE BY SHOW OF CREDENTIALS ON PERSONAL CONTACT OR,

IP TELEPHONIC CONTACT, BY TELEPHONING BACK TO COMMITTEE:

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

CITED ABOVE, OBIAIN FBIHA CLEARANCE PRIOR TO SUPPLYING ANY

INFORMATION. FBIHO MUST BE EXPEDITIOUSLY ADVISED

OF ALL

INFORMATION FURNISHED.

• END

JXC FBI SJ

GA

66-1062-3

.INDEXED®

FBI _SAN JUAN

No action taken

Rmm 5/20/75

1574 74

PaGe 56

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## Page 59

NRR36 WA CODE

6:29PM NITEL 5-28-75 PAW

TO ALL SACS

FROM DIRECTOR (62-116395)

"PERSONAL ATTENTION

SENSTUDY - 75.

REBUTEL MAY 2, 1975.

IN CONNECTION WITH WORK OF THE SENATE AND HOUSE SELECT

COMMITTEES, ITS REPRESENTATIVES MAY CONTACT YOUR OFFICE FOR

INFORMATION.

IN ONE RECENT INSTANCE, A REPRESENIATIVE OF THE SENATE

SELECT COMMITTEE TELEPHONICALLY INQUIRED AS TO IDENTITY OF SAC

IN A PARTICULAR OFFICE DURING

119.7€.

IN HANDLING SUCH INQUTRIES INSURE ESTAELISHING BONA FIDES

OF REPRESENIATIVE BY SHOW OF CREDENTIALS ON PERSONAL CONTACT OR,

IF TELEPHONIC CONTACI, BY TELEPHONING BACK TO COMMITIEEA

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

CITED ABOVE, OBTAIN FBIHA CLEARANCE PRIOR TO SUPPLYING ANY

INFORMATION. FBIHO MUST BE EXPEDITIOUSLY ADVISED OF ALL

INFORMATION FURNISHED.

END

I in it. -

IXC FBI SU

-GA

66-1062 - 3

_INDEXEL

LARCHEST THILED.

WD2 /510

FBI - SAN JUAI

NW 55210 DocId: 32989836 Page

59

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## Page 60

4/9/75

SENATE SELECT COMMITTEE

SENSTUDY 75

Members:

Democrats

Frank Church - Idaho, Chairman

Gary Hart - Colorado

Philip A. Hart - Michigan

Walter D. Huddleston - Kentucky

Walter F. Mondale - Minnesota

Robert Morgan - North Carolina (Freshman)

Republicans

Howard R. Baker, jr. - Tennessee, Vice Chairman

Barry M. Goldwater - Arizona

Charles M. C. Mathias, Jr. - Maryland

Richard S. Schweiker - Pennsylvania

John G. Tower - Texas

66-1062-7

SEARCHED.

INDEXED. S

SERIALIZED.. 2!

... FILED.?

MANS 7 1978

FBI = SAN JUAN

LilD

WW 55270 DocId: 32989836 Page 60

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## Page 61

HOUSE COMMITTEE TO INVESTIGATE INTELLIGENCE

AGENCIES

Members:

Democrats

Lucian N. Nedzi - Michigan, Chairman

Ronald V. Dellums - California

Don Edwards - California

Robert N. Giamo - Connecticut

James V. Stanton - Ohio

Michael J. Harrington - Massachusetts

Morgan F. Murphy - Illinois

Republicans

Robert McClory - Illinois

David C. Treen - Louisiana

Robert W. Kasten, JI. - Wisconsin

NW 55270 DocId: 32989836

Page 61

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## Page 62

TO

OPTIONAL FORM NO, 10

JULY 1973 EDITION

GSA FPMR (41 CFRI 101-11.6

UNITED STATES GOVERNME

Memorandum

ALL AGENTS

DATE:

5/13/75

SUBJECT:

•SAC, SAN JUAN

THE SEARCH SENATE COLORETA ONE TO

RESPECT TO INTELLIGENCE ACTIVITTES

• -1975

The above-captioned matter relates to Bureau

handling of requests from The Select Senate and House

Committees to Study Governmental Operations regarding

Governmental Operations.

It is possible that staff members

of the Select Committees may seek an interview with current

and former FBI employees.

In tact, the senate Select

Committee Staff has already interviewea several former

employees and it is likely that others will be contacted.

The Bureau has pledged full cooperation with

the Committee and has stated its desire to assist and facilitate

any investigations undertaken by the Committee with respect

to the FBI; however, we do have an obligation to insure that

sensitive sources and methods as well as current sensitive

investigations are fully protected. Should any former FBI

employee contact any member of this office relative to his

obligation not to divulge information obtained by virtue of

his past FBI employment, he should be instructed to contact

Legal Counsel, FBI Headquarters, by collect call. It should

be emphasized, however, that any conversation that you have with

the former FBI employee should be in keeping with the FBI

pledge to cooperate with said Committee.

should insure proper protection (as stated) as well as facilitate

the work of the Select Senate Committee.

•otection mms state a) as

The foregoing, of

This was an all tate

course, applies to current employees of this office.

contact should be divulged to the Special Agent in Charge and

all contacts with the Legal Counsel should be made through

the Special Agent in Charge or, in his absence,

through the

Assistant Special Agent in Charge.

leb-dead;

- 66-12

66-NEW

- Each

Headquarters City Agent

1 - SAC

1 - ASAC

1 - #3 Supervisor

1 = #4 Supervisor

1 - Each Senior Resident Agent (RM)

Ipped

WeDm

04- 007-1

SEARCHED.on

INDEXED,.

SERIALIZED.

w. FILED...

WCD :mjb

(75)

5010-110

NW 55270 DocId: 32989836 Page 62

MAY 1 4 1975

Buy U.S. Savings Bonds Regularly on the Payroll Savings Plal - SAN JUAN

wes

:

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## Page 63

NR974 WA CODE

1137PM NITEL 5-2-75 MSE

TO ALL SACS

FROM DIRECTOR (63-116395)

PERSONAL ATTENTION

• SENSTUDY 75

CAPTIONED MATTER PERTAINS TO BUREAU'S HANDLING OF REQUESTS

FROM SENATE AND HOUSE SELECT COMMITTEES TO STUDY GOVERNMENTAL

OPEPATIONS WITH RESPECT TO INTELLIGENCE ACTIVITIES. IN CONNEC-

TION WITH WORK OF THESE COMMITTEES, STAFF MEMBERS MAY SEEK

TO INTERVIEW CURRENT AND FORMER FBI EMPLOYEES •

RECENTLY, THE SENATE SELECT COMMITTEE (SSO) STAFF HAS

INTERVIEMED SEVERAL FORMER EMPLOYEES

AND IT IS ANTICIPATED

THAT MANY MORE SUCH PERSONNEL WILL BE CONTACTED.

THE FBI HAS PLEDGED FULL COOPERATION WITH THE COMMITTEE

AND WE WISH TO ASSIST AND FACILITATE ANY INVESTIGATIONS UNDER-

TAKEN BY THE COMMITTEE WITH RESPECT TO THE FBI. HOWEVER, "E

DO HAVE AN OBLIGATION TO INSURE THAT SENSITIVE SOURCES AND

METHODS AND ONGOING SENSITIVE INVESTIGATIONS ARE

FULLY

tonine.

z

3

ASA

#3

#4

52)

189836

Pade

63

64-1042

SEARCHED..

SERIALIZED.

MAYE

1977

FBI - SAN JUAN

SAC

LisT

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## Page 64

PAGE THO

PROTECTED. SHOULD ANY FORMER EMPLOYEE CONTACT YOUR OFFICE AND

HAVE ANY QUESTION REGARDING HIS OBLIGATION

NOI TO DIVULGE INFOR-

MATION OBTAINED BY VIRTUE OF HIS PASI FBI EMPLOYMENT; HE SHOULD

BE INSTRUCTED TO CONTACI LEGAL COUNSEL, FBIHA, BY COLLECI CALL.

YOUR CONVERSATIONS WITH FORMER EMPLOYEES MUST BE IN KEEPING WITH

OUR PLEDGE. IT IS BELIEVED SUCH A PROCEDURE WOULD INSURE PROPER

PROTECIION AND ALSO FACILITATE THE WORK OF THE SSE.

THE ABOVE PROCEDIRE ALSO APPLIES TO CURRENT EMPLOYEES

OF YOUR OFFICE. HOWEVER, CONTACT WITH THE LEGAL COUNSEL SHOULD

1

BE HANDLED THROUGH THE SAC.

END

FBISJ SAA ACK FOR THREE THX AND CLR

hotstd: 32980836 - Page. 64

---

## Page 65

NRO74 WA CODE

1137PM NITEL 5-2-75 MSE

TO ALL SACS

FROM DIRECTOR (62-116395)

PERSONAL ARDENSION

" SENSTUDY 75

CAPTIONED MATTER PERTAINS TO BUREAU'S HANDLING OF REQUESTS

: FROM SENATE AND HOUSE SELECT COMMIITEES TO STUDY GOVERNMENTAL

OPERATIONS WITH RESPECT TO INTELLIGENCE ACTIVITIES. IN CONNEC-

TION WITH WORK OF THESE COMMITTEES, STAFF MEMBERS MAY SEEX

TO INTERVIEW CURRENT AND FORMER FBI EMPLOYEES.

RECENTLY, THE SENATE SELECT COMMITTEE (SSC) STAFF HAS

INTERVIEWED SEVERAL FORMER EMPLOYEES AND IT IS ANTICIPATED

" THAT MANY MORE SUCH PERSONNEL WILL BE CONTACTED.

THE FBI HAS PLEDGED FULL COOPERATION WITH THE COMMITTEE

AND WE WISH TO ASSIST AND FACILITATE ANY INVESTIGATIONS UNDER-

TAKEN BY THE COMMITTEE WITH RESPECT TO THE FBI • HOWEVER, WE

DO HAVE AN OBLIGATION TO INSURE THAT SENSITIVE SOURCES AND

METHODS AND ONGOING SENSITIVE INVESTIGATIONS ARE FULLY

106-1067

SEARCHED.

_INDEXED

SERIALIZED.

= FILED.

MATR

iST

FBI - SAN JUAN

03270

DocId: 32989836

Page 65

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## Page 66

PAGE TWO

PROTECTED. SHOULD ANY FORMER EMPLOYEE CONTACT YOUR OFFICE AND

¡HAVE ANY QUESTION REGARDING HIS OBLIGATION NOT TO DIVULGE INFOR-

MATION OBTAINED BY VIRTUE OF HIS PAST FBI EMPLOYMENT, HE SHOULD

•BE INSTRUCTED TO CONTAÇT LEGAL COUNSEL, FBIHQ, BY COLLECT CALL.

; YOUR CONVERSATIONS WITH FORMER EMPLOYEES MUST BE IN KEEPING WITH

•OUR PLEDGE. IT IS BELIEVED SUCH A PROCEDURE WOULD INSURE PROPER.

PROTECIION AND ALSO FACILITATE THE WORK OF THE SSC.

THE ABOVE PROCEDURE ALSO APPLIES TO CURRENT EMPLOYEES

OF YOUR OFFICE. HOWEVER, CONTACT WITH THE LEGAL COUNSEL SHOULD

iBE HANDLED THROUGH THE SAC.

END

FBISJ SAA ACK FOR THREE THX AND CLR

NW 55270 DocId: 32989836

Page 66

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