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�- This is to compile a log pertaining to materialfurnished by the writer to USDJ Attorneys WILLIAM L.GARDNER and STEVEN HORN, of the Civil Rights Division.Referenced communication set forth instructions relatingto the material to be furnished
Page 8! withheld entirely at this location in the �le. One or more of the following statements, whereindicated, explain this deletion.
K Deleted under exemption s! ¬ 11 _ t with no segregablematerial available for release to you.
i:| Information pertained only to a third party with no reference to you or the subject of your request.
[:1 Information pertained only to a third party. Your name is listed in the title only.
|:] Documentt s! originating with the following government agency ies! _. _. __ __ ___,_____,.____ _ t _ . was/were forwarded to them for direct response to you-
_....i Page s! referred for consultation to the following government agency�es!; __.__i._.._i..l.._._ .,_ _ as the information originated with them. You will
be advised of availability upon return of the material to the FBI.
_.i Pagelsl withheld for the following reason s!:
[:1 For your information: _ __ W y_ _ _
E The olowing number is rue dfor reference gardi these pages:Z2-<//�zz/--3<//2 E4? 1 _
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'§_ i Sr£�;?;§ir;;:n§vnnNxuun;�¬' �lg, �t!1E1!;- HMemorandum M 7T° 1 ADIC es-3170 Sub 2! °*"� 5/4/76
��E°" JUNEsunnspmxmxous ENTRIES
On 4/27/76, the below-listed material was madeavailable to USDJ Attorneys WILLIAM L. GARDNER and STEVEN
�' HORN by the writer:
{gt}: '-�
mile 100-1111611vols 1 - 10, Sub A
l00�l7ll6l 1B1 �! - 4 �!
M18 176-QRvols 1 - ll
Material furhished op 4/2§;75=
NYfiles l00�l7ll61 Sub 1, 2, 3, 4
NYfi1es 176-403A WEATHFUG!vols 1 through 76
NYfi1es 100-16543
subs 2, 3, 4 furnis e y UBERT
Material Furnishe§ on 4422/76:
4*�NY 100-160644 VVAW! Sub A_ _;_,t-R» W3
my 100-160544 vols 12 - 61 92'
.-~- �ii-6 -' r'92"�§.';-
.,.�II'92" F ' .,' "I--� r�¬$x�mI "�.'."~ �V �44£1@,-U: L � ¢ &�.$>
To record a review of FBIHQ tiles "WeathFug,V Xand "Jennifer Ellen Dohrn " on 5/27/76 b De artmentali -Y P
Attorneys Civil Rights Division! William L. GardnerSteven Horn,
SYNOPSIS:
KYIn a request of 4/21;géf the Civil Rights Divisionasked to review a number of files concerning the WeatherUnderground and its members, files pertaining to theSocialist Workers Party, and certain files relating to Arabterrorist matters, Departmental Attorney Gardner indicatedhis review of the files requested in the 4/21/76 memorandumwould take place both at FBIHQ and in the field. On 5/26/76Hr. Gardner asked to re files con-cerning "Wea tnrug, " an eview took
lace at FBIHQ on 5/27/76 an r. Gardner had made available11 sections of "WeathFug," and all sections of the
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Memorandum to Hr, T, W, LeavittRe: Surreptitioos Entries66-8160
DETAILS:
In connection with its continuing inquiry into FBI
matters involving surreptitious entry, the Civil RightsDivision requested on 4/21/76 to review a number of tilesat both FBIHQ one in the Iioloi Aooog those tiles were oneswhich related to the Weather Underground.
On 5/26/76 Civil Rights Division Attorney William
Qaidner agkeg iilrgxiil specifically the "WeathFug" andhcases. �r. Gardner requested to
review these files at FBIHQ on 5/27/76,
On 5/27/76 Ir. Gardner and Departmental Attorneysteveo Horn who hes eoooopanied hr, Qardner on a review
�Hot til s at t ew iice! reviewed the "WeathFug"and eadquarters files, A11 sectionsof "WeathFug w e a available for the review; allsections of the ile, including the one JUNE sectionwere made available.
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Iron: Director , IBI Zli� AIEIITIG
I ; 1 Subject! nun amuse nan, at At. Y1' - - . an u-iommt mum, er AL & lI.I.D.O., l..D. III Iml! a
-- -' crvn. ACIIGI I0. ta on eieo no! .i: � 'maria: :[email protected] » - - - .-i
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tile: 66-Bl o . ."o �- 4 '' V . A
ieiueirteie dated 6/'4/16 and 3/ii/75;-�o�l15tl.oned ."Iurreptitioue lntriee," no dopiee to Clnrlotte, Ihich etatedan Civil awm Divieion, bopu-tun: oi Juetice, requeetedIBIHQ and Detroit O�ioe lake available certain doounente andtilee regarding "eurreptitioue entriee," A 999! oz! a 1-ottertron J. Stanley Pottinger, Aeeietut qt General, CivilRights Divieion, to the Director dated §%n1%6, captioned"Iurreptitioue lntriee� Iae turaiehed to Detroit ee enencloeure to eirtel dated 8/1/76-
lncloeed for the Charlotte Otiioeéz one copy oi 7' tter dated 4/21/1635� e copy oi letter ot -
dated 312'!/71 ie eleo encloeed tor bothotte Detroit. 7 -.
Ior the into:-nation of Charlotte, Category I-l0 oi' letter requested imlornation regardingo eae inieetigeted ee a looieliet Iorkore
I____ _y ____, Qanra & Laat aaataaa la am; paragraphreads, "State epeoitioelly hoe the Bureau obtained poeeeeeionof the lei-oh 29 letter.�
* The baeie tor thie particularniifiiii obtained i litter ifiiiifl
1971 to the Detroit Chapter 0! themember 0! the SIP since June 1968. G:
oi Government Inployeee BGIS inveetifagioi; i;1etituted .1' ' ' A -_' 0 1| "' '
�0! ~ - an no'rs�$ma "aa . '- v-0'71 e.
Reason-F0 . - l � ##Data _._vi 1-'___ L» _ t NOT
111-1»: to no Charlotte et =1 Ci} -. *1;Be: 80-cialiet Iorkere rang, et =1. v. -~ H-
lhe Attorney General, et al.100-18
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Burreptitioue lntriel _ i66-8180
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on her based on inioreatieqkehe eae eeplored by the:Departeent oi� Interior. The SDI inveetigatien eel ;completed and torwarded to the Civil Service Oomieeioe°'.= 4/=1/"1 3*!� 3i.na.tr.e1t I61 report um 4/18 =St I ll
/7a ee rolloeeqeho all unavailable for
recontact or testimony, on eaber 3, 1971, furnisheda typewritten letter dated larch 29 191 eddr
' Comrades� and signed b "to DearA Xerox copyThis letter,and Detroit,SE report.Detroit tile
rage of thissource. The
oi this letter ie here r ee or .copy oi which Le encloeed tor Charlotteeae eet forth on pliil 25 anu� or theghe gggghfopy is eaintai in
00- administrativereiort 1ii�mii ii aeo�yioiieSIP alleged the! l tter eae obtained
by a nail intercept or e break-imp;
�ii4
On 5/17/76, Departmental Attorney Iilliam L. Qardner,
regarding aliegatione ng enrreptitime *-entr inet the SIP, ita aeehore, and in particular 1th�ntter, �e �IlI_ enable to reeolwe thej .utter iron iiie i"i?i6i"i, iitiionih no iioit ii:-iaiii t A _,pollibly involved in this matter was intervie-eed by hie. 'Ir. Gardner ha now requested that rnmq adviae the _Depariit in writing ae to hoe the Bureau obtained � -th 1-Qtt.l'e -'air - I - '
In addition to the intereet by the Civil lighteDivieion, AUSA Iiiiiae Brandt, Southern Dietriet oilee York, who ie handling the Government's deteneein lee 5 Io;-2 city in %h_eotion eith the ti!!! eiviisuit, advised that Bureau re eel who can iuraiah ,-iniornation regarding th atter ea; herequired to testify at the ial echednled tobegin in New York City_on 7/1/'16. He aieo etatedwe ente"'�� affi iii iiiiéi iii-iii ��itiéi lG regarding thie latter ABMB t hie otiiee ie concerned that �re _ a ao etaBis oi the Brean do not ooeproaiee any oi theirconstitutional righte during eenvereationa eith anyrepreeentative of hie ottice regarding thie matter.It ie hie recommendation that agente he notified thatalthough cooperation ie reqhired between the Departmentand the IBI, Agente ehould he aware oi theirconstitutional rights, ggrtiohiarly the !1!th l!!!dlQQ!=Ihne, the eapioyee in the iieid office ;ehon1d he d -iniorned that it it ie hie view an answer eonld tendto incriminate hie and that he deeiree not to inrnieheach information, he should so etate to the ARIA. ~iiii irnndt eipiainod that the rs: iwpioiee in qnoitioihas every right not to tueniah euoh information and that"it is tar better that the Governent learn that tact 'nor rather than at the tine oi trial.
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Airtel to SAC, Charlotte et e1 LTYe 92£ Be: Socialist �Iorkers Party, et :1. --
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�Ins Attorney General, et :1. C �100-1e__.p -J _ J u 3;
" order to respond to the Departmentis request, . '8% to be interviewed by the SAC,Char o and S ereonall interviewed by theP YSAC, Detroit To nsure gents do not compromise any oftheir constitutional rights, the Interrogation, Adviceof -»Rights form I'D-395! isttg be executed interview.In dd . haa ition, insure t A¥m 1ear1yunderstand that no administra we act on I taken
against either of then for exercising their constitutionalIt-I nie�� .-AA5uuIg � _ . __
Agent*and�shou1d be apprised of upfacts surrouu ing this nutter, s copy of enclosed letterin question shown to each and an in depth interview� .conducted of each to obtain any information either of fthen may be able to furnish as to hos the Bureau obtainedpossession of this letter. 31.99! ¢°IIP19t10lI 91 1�t¢1'V1|-9'»affidavit is to be obtained from each Agent concerninghis knowledge of this matter. SAC review the matter, makeappropriate recommendations and submit summary of resultsby nitel. Bl1bm�t affidavits to FBIHQ by airtel. '
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4-750 �-7-79!
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FEDEIIM. BUREAU BF INVESTIGATION
FOIPA DELETED PAGE IIIFOIIIMTIOII SHEET
Page S! withheld entirely at this location in the file. One or more of the following statements, whereindicated, explain this deletion.
Deleted under exemption s! f*' [ To ._._ with no segregablematerial available for release to you.
Infonnation pertained only to a third party with no reference to you or the subject of your request.
Information pertained only to a third party. Your name is listed in the title only.
Documentts! originating with the following govemment agencytiesl _ I; __ 1
_ 7 7 : .was/were forwarded to them for direct response to you.
Page sl referred for consultation to the following government agencyiiesl; _i_i___iT _ W ,_ as the information originated with them. You will
be advised of availability upon return of the material to the FBI.
Page s! withheld for the following neasonlslz
For your information: _ _ _ _
M owing num r ' us or re enenoe re ing ese pa s:
1 _ gr, T, I, Lggvitt :?§:l�/7 �,2 II�. T; no 1£IV1t/'L DAT'E- F||:l:l|n:a::. .* V! 1 - nu-. a. L. snac|=e1:or&'..;_'_'__
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Lani Can-..Plan. I [val
sus;1ac'r: SURREPTITIOUS swrrqgg JUNE '5'"-312:":
.4 -e1i�eSu'-y
. " E A �J F I T
PURPOSE: �_ �_ _____ _____"____
To record-a 6/2/76 review oi certain FBI Headquarters Ttiles by Civil Rights Division Attorneys JIIBS Dyck and Carl Feldbaum.
/§/2'1�/F!�SYNOPSIS: ' x
On 6/2/76 Civil Rights Division Attorney Iillian L,Gardner telephonically advised that a tour-person "committee" ,92of Departmental attorneys had been formed to conduct further ~inquiries into investigative matters oi the FBI involvingsurreptitious entries. Besides himself, Departmental AttorneysSteven Horn, Dyck, and Feldbaum will participate, Since thelatter two have had no of the files in
question leathfug and ._Gardner askedthat they.be allowed to review certain sections or those tilesat FBIHQ on 6/2/76. This was accomplished on 6/2/76. , "
RECOMMENDATION: KNone. For record purposes.
e �""- -1-val U�-?vT£: I-�VP: Dep AD Adm sg�pm ' 'h:T3?"Q .�-�I ¢"'m , "5"-U Den AD In |¢ H WM Plan. & Ev||.............=Li5L�:»'a 1*�: ~¬'-�Z 5, -�-"'~§=.�?�.'.�=f- Aat.D1r.: """ 'l | e�t'"'." R"-'°-Ml"?!-.........0 Q Pb� -c u .92Ja-."..:-,;z...2 1,6 Mm� SON l::$ct:on........_-_ Spec; lr|v...... __________ ,�
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IPPRUVED2 _"'�"� /A "Y 5*!» 1» ~ - Assoc. Di Ext A"a"""""'*' L"b°'=1°ni........,,.,,, FIB�; Q1! npi 92|§_""'? . H 1-!IllCOLIn._.
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' es-8160 O62"//7/ �@�3!<a 1 - 1-rs-16:-:1 .g929292$ ssa nsraxis, vac; 2 H l
JUN 14 1976
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Iemo to Ir, T, I, Leavitt
Re: Surreptitious Entries
UETAILS3
=A//
Q�? On 6/2/76, Civil Rights i n Attorney Iilliam L.ay; �:,Gardmer telephonically advised S hat a four-person"committee" of Departmental attorneys a been formed at theDepartment to conduct further inquiries into investigativematters of the FBI involving surreptitious entries which havebe n f ifi 'e o spec c iliiiiii ii ihe Department, namely, in theIeatheriug an __tters-�1IIIIIIIIIIIIIIImm| '
On the "committee" besides himself, Gardner said,were Departmental Attorneys Steven Horn who accompanied himto New York on their recent review of files and documents
there!; Jim Dyck, a recently engaged Departmental employee fromthe Senate Select Committee SSC! staff who is scheduled to
assume a position in the Department�: Anti-trust Division; andCarl Feldbaum, who worked for Henry Ruth in the Iatergate SpecialProsecutor's Office SPO!,
Ir. Gardner asked that Iessrs. Dyck and Feldbaum becertain sections of the Ieatherfug andtters on 6/2/76, to familiarize themselves
w e material which they will, it is presumed, ultimatelyreview in our field offices.
On 6/2/76, Sections 35 through 70 of the Weatherfug,_111g,_gng_§§g11gn§ 1 through 6 and Section 1 JUNE! of the
ile were made available for review byessrs, yc n Feldbaum at Room 4825, JEH Building,
no ~/zp 5/0 4' Re Detroit teletype to ti; Bureau, 6/9/76 and Butelcell 6/10/76
In accordance with instructions of referenced Butelcall,there is enclosed the original and 5 copies of an LEMcaptioned, "Socialist Workers Party, et a1, versus theAttorney General, et a1, United States District Court, SouthernDistrict of New York! Civil Action i 73,CIV 3160 TPG!
�a
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P £ aeeinvagh -�}LF�ihhi� -7_'���"--4-.1 ' NUT'REKKn�n§- 3 F975
~ Subject: socm..:s'r wonxnns rum�, Irr AL. v.pran ATIORHEY cxmn, rr 11.. I t " #*"~,; U-s.n¢c-| 8-D. m � 'czvn. ACTION no. 73 crv use rm! -- �Bufilen tee-1+ h r »
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/ - - * - 1 _ - _ -_ -M _ _ /D iRebue/;.6:'te1 6-7-76; CE §"i'2.{§� 59/5? end 6/10/T6 end
Butelcell 6-10-76. /_/30-/ ,,..3//; 77A ,3OIn eccordence with inetructione of referenced A� A
Bureau telephone cell. 6-10-76, there 1e enclosed the ori. lnelend 5 copies of e Letterhead Memorandum captioned "80C1A£I8!WORERS ?AR'1'Y, ET AL. V. �HIE ATTORNEY GENERAL ET AL. . u.s.n.c., s.n. mm YORK}, cxvn. ACTION no. .15 czv 3160 �:rc!_".
�All! . .:r;92.}""=- iq ?�_§§ '.:"I. ��iiii�;.14."::a ma _ , j _ _ _ ;
4/29/76, captioned "Socialist Workers Party, et al.Attorney General, et al. S.D.N.Y.! 13 CIV 3169"; mrandum from the Director to the AG, 5/l3/76, sameand memorandum of Legal Counsel to Mr. J. B. Adam ,captioned "Socialist Workers Party, et al., v. TheGeneral, et al. U.S.D.C., SD New York! Civil Action
Civ 3160,� copies attached!.
, A 6 1/ 92. Tuna |-.__�Reference letter of the Attorney General , " {$5
5PURPOSE :
Anne. Dir.
Dcp. Dap. A _? .". N. Bassett ,�hT?� - AI I�an. . _._.Eat. A oils..-Fin. I Pan. _Gan. lHim. S
n luupclimlmnll. E
l Loiorclcryi�
Legal Coun._Plan. I Evil-_lIuc- Hg!!!-S
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ipoc. iI92v- iTwining ii
5/ /76t orney
To initiate action in response to Recommen ftid���!Number 1 of referenced Legal Counsel memorandum as it/pertainsto Bureau personnel.
L°l�1§5§-� /0.2 //�7// / /4/J�u�;---�guy I"
In a memorandum of 4/29/76, the AG advised thatthe court and plaintiffs in the Socialist Workers Party SW?! civil
public speeches by the Director, AG, and other Departmentaland Bureau officials as well as their testimony beforecongressional committees. External Affairs Division, LegalCounsel Division's Office of Congressional Affairs, IS-2and IS-3 Sections, INTD, are being asked to review appropriaterecords in response to recommendation in Legal Counselmemorandum of 5/28/76. Douglas R. Marvin, Special Assistant
.1 to the AG, advised on 6/21/76 that he will handle the response5$~ to AG's request as it pertains to the Department.
-~ RECOMMENDATIONS:
§§§§ 1. That External Affairs Division review speeches.ggg made by the Director and other FBI personnel for any statements"�t? concerning surreptitious entries performed by the Bureau..-*~' Furnish results of the review to INTD.
-v
| _
; 4 2. That the Office of Congressional Affairs,aw; Legal Counsel Division, review testimony by Bureau.�§ personnel before congressional committees, both public. and executive session, for any statements made concerning
surreptitious entries, with the exception of statementsconcerning the Socialist Workers Party SWP!, by Bureau
_ _.__-._ __. __ -..__..-_.__.._-__-_,_ Fl ..._~ - � 57 F I -W: 7.77 ----- �_ 4-" r_ �- st� e�-- em
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Memorandum to T. W. Leavitt
Re: SURREPTITIOUS ENTRIES
66-8160
3. That IS-2 Section, INTO, review testimony 1xof Bureau officials befpre_the various congressional igqi�a
comittees with reference to any statements made concerning1F%|Qsurreptitious entries a ainst the SWP.___ _i M Q_ �m-A�7 _____
4. That IS�3 Section, INTD, on receipt of pertinentmaterial from the Department and that requested from otherDivisions and Sections cf the Bureau, review same to determinewhether or not, in view of recent discoveries of surreptitiousen activity, any statements need to be retracted and/orclar ied.
APPROVED: - /xt. AffaiI'!......- LaboratoI'Y._ l . s ;Assam D�._ l ' |:;n_ 3, Pgr5________ Legal CounI__Ll" � "Den AD Adm ____ __ __ Gen� Iny ________ _____,_ Plan. G: EV3|.__.._. z...M ,? ~92 Dep. AD ll'92f.}�C'l.g ldenf ........ ReC- M87�!------------�,Y| " ' Asst. Din: J I lns!Jectiun¢e..-.Fb92 3P¢'=- |'�"---------��* �Ad".-|_ se|vv__§'___________ ||'|�|_M1_92§_J_�_92_f! �"9 Training ---- ��-�--�~�"�
DETAIL5 :
In a memorandum to the Bureau of 4/29/76, theAG indicated that as a result of certain information comingto his attention, it appeared that the plaintiffs and thecourt in the SWP's civil action may have been misled byinformation supplied to the Department by the Bureau. Thisinformation concerned our suggestions as to the Department'sresponse to the suit relating to allegations of break-insmade in the complaint.
The AG advised that although the complaint hadbeen filed three years ago, certain "error" had not beenbrought to the attention of the attorneys handling the civilaction, though it appeared records at FBIHQ and in theNew York Office reflected the inaccuracy.
1'-. .-. ....,.-.1-.........'|..-. J BI 4.1-. r92,-..,~-.-a--..92-.J- _ .-.-Ll-I G. 1ll¬lllLJ.I.G-IILILIJII L�-L 3/ f I-ll-= IJELJG-L L-lli-=JlL WG§
furnished our explanation as to how the discrepanciesoccurred, and what steps we were taking to remedy same inthe future.
A 00-
In his 4/29/76 memorandum the AG also indicated hiswishes that the Bureau furnish information as to whether or
not any public or executive session! statements made byDepartment personnel including Bureau personnel! concerningsurreptitious entries, need to be retracted and/orclarified.
In a memorandum of 5/28/76, Legal Counsel Divisionrecommended that INTD review all Departmental statementsincluding those by FBI personnel, concerning break-ins, todetermine whether any of such statements referred to by theAG needed to be retracted and/or clarified. These statementswere to include public speeches by the Director, AG, andother Departmental and FBI officials as well as theirtestimony before congressional committees.
As we are not in a position to know whattestimony has been given by Departmental officials orwhat speeches such officials may have made concerningsurreptitious entries, Douglas R. Marvin, Special Assistant tothe AG, was contacted on 6/21/76 by Inspector James C.Farrington, Legal Counsel Division. Mr. Marvin advised theFBI should only respond as to its own personnel in regard toparagraph three of the AG's letter of 4/29/76, and he wouldobtain the information as it pertains to Departmentalpersonnel. This should be confirmed in writing when thecommunication transmitting the results of our survey ofspeeches and testimony of Bureau personnel is sent!.
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Memorandum to T. W. Leavitt
RE: SURREPTITIOUS ENTRIES
66-8160
On receipt of the results of the review by theExternal Affairs Division concerning references to surrepti-tious entries in speeches made by any FBI officials and thereview by the Office of Congressional Affairs, Legal CounselDivision, of testimony by FBI officials, both in public andexecutive sessions before congressional committees concerningsurreptitious entries, INTD will review same to determine ifthere is need for retraction or clarification.
IS�2 Section of INTD which handles the SWP case
will review all testimony given in connection with that caseto determine if any statements made concerning the SWP needto be retracted or clarified.
�I �i CAI l'I92'l Q�-�NEH . 92I , ' -cu Ir-,1 In cm ll:-Il.l
;-, to er,--Mr. J. B. Adams ' ' '
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nATn:5/23/75 '
- H ' uh/{'1Eb F�°" at Legal Counsel� H I�~ -4- i ~. YI %" ' . 2SOCIALIST WORKERS PARTY, et al.THE ATTORNEY GENERAL; et al U.S.D.C., S.D. NEW YORK} '�CIVIL ACTION N0. 73 CIV 3160 |�..
U
PURPOSM -
To recommend that the Intelligence Divisionreviewall Departmental statements concerning FBIbreak�ins and that the Records Management Divisioninstruct all SACS to insure that all investigativedocuments in their offices are indexed into their
central filing system.
SYNOPSIS , hQ t b
By memorandum dated 4/29/75 the lttorne - re.- -- -- -- , - , .-; ..,--_. .-.,,...'_..�.-�7
General advised that the court in captioned civil I {action may have been misled by information supplied =by the Bureau to the Department suggesting how theGovernment should respond to allegations of break�insmade in the complaint. The Attorney General requestedthat we advise him as to how this occurred and ti -what
procedures are being implemented to insure that it '
will not recur. The Attorney General also wanted toknow whether any statements made by Departmentalpersonnel need to be retracted and/or clarified.
By memorandum dated 5/13/76, the Directorfurnished pertinent information to the AttorneyGeneral concerning this matter. Concerning theAttorney Genera1's request to know whether any state-ments of Departmental personnel need to be retracted
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Re: Socialist Workers Party, et al., v.The Attorney General. at al.Civil Action No. 73 CIV 3160
promptly. lThé Note to the Director's memorandumdated 5/13/76, specified that a separate memorandumwould be prepared making the recommendations set forthbelow. ' l _
RECOMMENDATIONS
" 1. That the Intelligence Division reviewall Departmental statements including those by FBIpersonnel concerning FBI break-ins to determinewhether any public or executive session! statementsneed to be retracted and/or clarified and then advise
' the Attorney General. This review should include publicspeeches by the Director, Attorney General and otherDepartment and FD; officials as well as their testimonybefore Congressional Committees.
f
2. That the Records Management Divisioninstruct all SACs to insure that all investigativedocuments in their offices are indexed into theircentral filing system. -
APPROVED: ;uf:.-Assoc. Dir ____ ________"� fi. mrsm-� Lab°rM°ry""" F,_92 x n. 6- Pcrs.._.___ L I C __ _Den AD I92dm-..¢.:$_- "�*-Gen. lnv......_..... . PE? aT~:t;g|._ A] M u'92D-:>.AnIr-vhf,-.¢L_J.1...|_______________ Rm ,,_B,,,,_ 'Asst. D|r.: I. i ____ _ _ �M-�hm CONTINUE - OVER...... ........�L_. � � �
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Re: Socialist Workers Party, et a1., v.The Attorney General, et al.Civil Action No. 73 CIV 3160
DETAILS
Plaintiffs, the Socialist Workers Party SW?!its youth group the Young Socialist Alliance YSA!, and15 individual plaintiffs filed captioned civil actionduring July, 1973, alleging that defendants have deniedthem constitutional rights as a political party. Theyseek substantial damages as well as broad injunctiverelief. Defendants include the Director and other
Government officers as well as John F. Malone, former
Assistant Director in Charge, New York Office, andSpecial Agents George P. Baxtrum, Jr., presentlyassigned to the Milwaukee Office and Arthur G.Greene, Jr., presently assigned to the New York Office.The trial in this civil action is scheduled to begin
on July 1, 1976, in the Southern District of New Yorkbefore the Honorable Thomas P. Griesa.
By memorandum dated April 29, 1976, copyattached, the Attorney General advised that the court icaptioned civil action may have been misled byinformation supplied by the Bureau to the Departmentsuggesting how the Government should respond to �
allegations of break�ins made in the complaint andthat, relying on that advice, the Department filedwhat later appeared to be an erroneous answer to
the complaint. The Attorney General requested that
we advise him promptly on two points: �! how didthis occur: and, �! what procedures are being imple-mented to insure that it will not recur. -The AttorneyGeneral also wanted to know whether any statementsmade by Departmental personnel including Bureaupersonnel! need to be retracted and/or clarified.
CONTINUED - OVER!
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By memorandum dated April 23, 1976, you advisenthat the court in captioned civil action may have been mis-led by information sunnliad by the Bureau to tho Pcvartmentsuggoctinq how we should respond to allocations of break�insmade in the comulaint and that, relying on that advice, theDepartment filed what later aopeare� to he an erroneousanswer to the conolaint. You also indicated you were even
ore troubled to find that the attorneys handling this civilJction worn not officially advised of tho errorJhrcc years after the oomolaint was filed. You
hat we a�viso ycu*promotly on two points: howccur and what proco�uron are being implemented
for alrost
than reouested
did this
to insure that
t will not rccur. You also wanted to know whether any.tatenents made by Departmental personnel need to be retractedad/or clarifiad¢
' "'1
By way of background. plaintiffs filed the complaintin l"!{929�i1 _;|r-Q-inn r1lI1"'Ih 'r .Th192.fi �C71. '7�!-ya; Rnr-n1-yg1_-;u-92-|- nnnbninn. - _-.-- .----" _..-�, -�-,, -,... _h= u,,_,,�, hu�,q,�,
_____J;nmo¥0us allocations of cwecific wronqloinq, includingourgiary, electronic surveillance, and mail ogoninqs. Forexample, oaraqraohs E8 - 70 allege that "[o}n or about 5�2d-73,uniGontificd persons broke into the apartment of plaintiffii.-0l'!'f.!I-222élivor in Brookivn, raw York, - . . [and that] folninformation and belief, the persons wno . Q . participated inthe burqlaries . . . were agents of the F.B.I., . . . .� _The ¢br:laint,also contains qrnvral allegations. Paragraph 33.__ = ~r
!eteoifiea:t���urinq or about the_th;rcaftor,-the dcfon�ant Putlic
syotc- tic camoaign . . .
year 1943 and continuouslyOfficera_. . . agreed . . .
S. Covarnment to engage in aharassment aqainst SUP [and YSAI
n coy upon then by moans of warraotleas electronicsurveillance, unauthorized opening and monitoring of mall, _
�" snnaaqi�pt to the receipt of the comclcint, -»:*�fff'our Hcadcuartern Ltnff prenared and sent a communication �~n=-dated August 9, 1973, to ten FBI field offices, Itspecified: . -» �
�Recipient offices cover locationsacts of terrorism, hurclaries, or harassmentand Young Socialist Alliance YER! allegedlying to complaint furnished you in referencedAfter careful review of the complaint and of appropriate files,each office furnish Headquarters all available pertinentinformation concerning coccific allegations relating to yourdivision. This information should be furnished by.airte1 toHeadqua:terc, with cony to Pew York, as soon as posoiblc,You should be meticulous in your review in this regard,bearing in mind that at some future date, affidavits may berequired concerning those matters.�
where specificagainst SWPoccurred accord-
communication.
The last paragraph of this communication opecified:
�Concerning allegations made in the complaint regard-ing wirctapoing and general allegations rcqardinq conm�ssionof illegal acts bv éofen�ant puLliC officers and their agents,a separate communication will he sent at a later into to alloffices for information with which to answer these allegations.
Our new York office responded with a cowmunicationdated August 10, 1973. "[T}he only specific act occurrinqin the New York division is referred to in paraoraohs 68 - 70
'concerninq the breaking and entering of the aoartmont ofNorman Oliver . . . . The New York Office has no informationregarding this matter."
Allegations concerning other specific break-insin the complaint, not none of the ficlo offices
furnished any positive information regarding these allegedbreak�ina. _
were nade
FBI personnel did not prepare a subsequentcommunication to obtain information concerning generalallegations. In 1973, this matter was handled i oLegal Counsel Division by Special !92gon
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to our Omaha Office, advised he Goes not recall why a sub-sequent communication was not sent to field offices askingfor information concerning qcneral allegations. He statedhowever, that because the field offices failed to furnish_inforration concerning soecifiq,allegationo, it was prohably
' _ assumed that they would he unable to furnish informationconcerning qoncral allegations. Special F1r;ent�added that when the FBI recommen�ed to the �epartnont that
the general allegations in paragraph 33 he Genied he ha� noknowledge that_thc FBI had conducted break~ins against av?or YEA. If he had, he certainly would have furnished thisinfiiiiiion to the weoartwent. To the best of Special hqent
. 1,.-__ _ _ 'Prowlee,~, Qoecial lcent �nch Fallct, nowdeceased, the supervisory Agent in the IntelligenceDivision who handled this civil
action during 1973, had noknowledge the FBI conducte� break�ins against SUP or YEA.
On April 13, 1975, this matter was discussed withSteven J. Glassnan, Assistant U. S. AttornoYr Southern Districtof New Yor?, who handled this civil action for the Government
Office. �ssistant W. S. Attorney Glassnan advised thatduring January, 1974, when he prepared the Covernnent'sanswer, he was unaware of the fact that the F51 had conducted
'break~ins against plaintiffs. to the host of his recollectionhe was first informed sometime subsequent to January,'l974,{exactly when, he does not recall! by TRI Feadqcarterspersonnel that there probably had been FBI break-ins againstSUP but that no records existed concerninq such break-ins.
� Ho request was made by Hr. Glassman, however, to officiallyadvise the H. S. Attorney, Southern District of wow York, _or the Dcoartment of this information. T�us, while theexistence of these break�ins was not officially drawn toMr. Classnan's attention in writing, this knowledge waswithin his cognizance. Hr. Glassman added that in his -opinion the Covernrent�s denial of allegations in the complaintconcerning �burclaries" was proper, for the illeqality of thisactivity was yet to be authoritatively determined.
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until April 3%, 1976, when he resigned from the U. S. Attorney's
_�§y'letter dated novcnher 5, 1975, Thomas J. �="-.5-7".
Cahill, U. S. Attorney. Southern District of New York,enclosed for us a list of twenty-nix items which plaintiffsrequested from the FBI in discovery in this civil action.Documents requested included those pertaining to any
�intelligence gathering burglaries" directed againstplaintiffs. Note that in accordance with FBI policy we atFBI Hoadouartcrs believed that documents conccrninq break�ins
inc 'had been destroyed in field offices followBureau Inspectors at each annual field off
i //��uring late hucust, 1975, or early Septonh� personnel in the Research Section of our Int
r learned as a result of the General Account
. .1�?+**- targots_of brcak�ins were located in �SAC- -.12-r-,'F92" 7&5!<r»- New York Office. Personnel in the Rcsearc3%?; requests of the Department�: Civil �ights
in and nicronhcne installation directed nwainst the resi�encew~-+3""� �Les 1-J:qef_=1.-'fa1.1iahed docmmsntn concersizs a.-brea"~'--' --;�
of p1aintif on April 3f!,'l96n. Brew Haven- no n - �cal entry directedfurnished documents concern ., a hhf�lagainst the residence of an EN? organizer on Harch 10, 1960.
By letter dated March 22, 1975, documents furnishedby new York, How Haven, and Los nngeles concerning break-insdirected aqainnt plaintiffs were na�e available to the U. S.Attorney, Southern District of Yew York. .
n In response to your-first concern, how didthis occur, our FBI Headquarters personnel did not direct aninquiry to FBI field offices concerning so�calle� general al-legations in this complaint. Even if they had, however, the�break�in" documents in our New York Office were not integratedinto the regular filing system in the office an�, if an inquiryconcerninq general allegations had been made, it is entirelypossible that Yew York would have responded with neqativeinformation. Thus, concerning the question of what proceduresare being inolenented to insure that this type problem willnot recur, we will re-emnhasiee to all offices our currentregulations that all investigative documents maintained bythen, including all-"hreak~in� documents in our.Yow YorkOffice, must be indexed into the central filing system of
the office. This will mean that pertinent information ininvestigative documents maintained in all FBI field officeswill be readily retriovable, and this action should preventany recurrence of this problem.
Concerning your request to know whether anystatements of Departmental personnel need to be retracted
and/or clarified, we are reviewing such statements and will
advise you promptly.�
1 - The Deputy Attorney General
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The Attorney General.Re: socialist workers Party, at al. v.I .
__�_ p The Attorney General, et al.:;"""* _ SIDINO I 0 �I �I. "I Ii-If;-".:_-"&�i'!V|';" L
NQTE: Coordinated with Intelligence, Records Management, andInspection Divisions. A separate memorandum is being preparedrecommending that the Intelligence Di ' ' 'A V1SlOn review all Depart-mental statements including those by FBI personnel concerningFBI break�ins to determine whether any public or executivesession! statements need to be retracted and/or'clarified andthat Records Management Divis' �- . ion instruct all SACs to insurethat all investigative documents are indexed into their centralfiling system. v
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APPROVED: "':'_"'-"�:A*�*-'92"�"5""-" Lab°m°r?"' ' %Assoc Dir. /:i;'-iii... Fm. I; Pers...--- l-@561 C°'��" 1Dep �AD !§.d'n.__..-... Gen. lr.v........-..._ Plan. & Eva!--£4;-2De AD lnv.__..'...._/ ldc�i ------ Reg NmmL'""'�m-H
� I Rouiiiflq Slip." ' ' E FD:-1 um. 1-|-van " Date %To: Date
A" ;-TILE , T[ISAC 7 i 7 Title _ _[1 ASAC _ ~�~ V _ _
[:1 Supv. __.____-i-iQ Agent _____-- * 7 * :1 s1: in P W * W ,
I W�;-n,:!.," �'71,-_1:1SC R�za�llei _ r �_�R_',?",E1 <=¢ lib 'i';;;';'--' 1 I r I - -[II Stem ___ 92;....|;�.i.~;-__ �Q Clerk ________.____ [:1 arc; /O 'g'7~ ' 1'"
ACTION DESIRED{:1 Acknowledge [:1 Upon Can[1 Assign iliaassign __.._ [3 Prapara load cards:3 Bring Iila [: Prapara ticilar1:] Call an [:1 Return auignrnant card[:| Carract [:1 Return lila[1 Dcadlina ___,,__.i_.i E] Search and rchml N _ RE ED[:1 Deadline pauanl 1:] See no Tljllalinquant [:1$aria| If 2! UL '* 3E Discantinuu E P051 :1 R R9"![:1 Errpcdita 1:] Sand taC] Fila E Subunit new charge outD Far inlanaatian B Subunit rapart byS Handle [3 TypeIn Initial 8 ratam[:1 Loads naad attantian -I�T Return with explanation or natatian as ta action tahn. Q.l'jl~'I-
_ gm} =75 UNITED STATES DEPARTMENT OF JUSTICEXg§§§é§? FEDERAl.BUREAU OFINYESTIGATION
In Reply, Please Rafa In _ _menu Detroit, Michigan
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Reference is made to memorandum, dated April 21,1976, from J. Stanley Pottinger, Assistant Attorney General,Civil Rights Division, captioned "Surreptitious Entries".
William L. Gardner, Departmental Attorney, UnitedStates Department of Justice re e on Ma l7 1976, theresidences and offices o harlesBolduc, Deborah Deegan, The Socia 15 or ers Party SWP! See Appendix!, and the Young Socialist Alliance YSA! SeeAppendix!, be searched through the records of the Detroit,Michigan Police Department for any information regardingpossible "Breaking and Enterings" B 8 Es! for the period1970 - 1973, inclusive.
Specifically Gardner requested a review of DetroitPolice Department files regarding a "B 8 E" of SWP Headquarters,3737 Woodward, Detroit, Michigan, October 30, 1971; an alleged"B E B" of the residence of Charles Bolduc, H225 Commonwealth,Detroit, on or about February 1, 1972, February 22, 1972,February l, 1973, and February 22, 1973.
on we 1. lgvhvetroitPolice Department DPDJ provided the results of their recordsearch regardin "B 8 Es" of the SWP/Y A s Edward Bolduc,Deborah »eega or the periodof 1970 - 1973, inc usive.
wet-Jayne State Univers ty, Detroit,provided the results of his record search regarding charlesBolduc, 4225 Commonwealth, Detroit, for February 1, 1972
u 72, February 1, 1973, February 22, 1973�stated he could not find any report of a B&E
The SWP is a revolutionary, Trotskyist-communistorganization, which is headquartered in New York City. Itspurpose, as stated in its Declaration of Principles, is theoverthrow of the U.S. Government and the institution of a dic-
tatorship of the working class and the eventual achievement ofa communist society. It was founded in 1938 and maintains closeassociation with international Trotskyist organizations as a�sympathizing" group, but it denies formal membership in anyforeign group to escape application of the Voorhis Act, whichregulates certain types of organizations subject to foreigncontrol. While the SWP does not openly advocate the use ofviolence at the present time to overthrow the U.S. Government,it believes that eventual violent revolution in the U-S is
inevitable. Its objection to the current use of violence isbased on the ground that it believes violence is premature atthis time. The SWP seeks to precipitate a revolution whenconditions are ripe and to seize control of the revolution andto direct it when it occurs.
The YSA is the youth group of the Socialist WorksParty SWP!. It was formed in October, 1957, and is currenheadquartered in New York City. It propagendizes the belieof the SW? among the youth and is the main source of recruimeat into the SWP. The SW? is a revolutionary, Trotskyist=communist organization which has as its purpose the overthnof the U.S. Government and the institution of a dictatorshi
of the working class and the eventual achievement of a comm
@350 1� D-QJV� leierenoe is aade to your eeaoraadna dated
§92' am-11 21, 1926, captioned ��urreptitioue Intriee," Ihichrequested that certain aaterial and tiles he aade availabletor review and which requested certain other inzloraatioa heobtained.
Category B or thie aeorandun conoerne theSocialist Iorkors Party SIP!, ite aeabera, candidatee ano�ioiala, Question 9, Category B, requeted that iileethe Detroit, Iichigan, Police Department he reviewed tor -police reports dealing with alleged burglaries or breaks ___at any SIP Otiice in Iichigan and at any residence oi IIPaenbera or ayapathizere in Iiohigan during the period - "'1970-1973, inclgeive. �- .- �-.
'92.r' �J
an you are avare, Ir. Iilliaa L. Gardner oi the -�_;_;_Civil Rights Division arrived in Detroit on lay 17, 1976. � _He personally revieved tilee at the Detroit I'D! Oiiice -� �._�,
'_i...,_:_- Iconcerning allegationa eurrounding eurreptitioue entriea _ , =against the SIP and its eeabera. Ihile in Detroit, , _elIr. Gardner more specifically atated which iiiee oi the * �I - 1
3 Qf Detroit Police Department he deaired to be revieved5»-�IF
1
2
regarding allegatione or eurreptitioua entries. Attached �are tvcwcopiea oi an LB prepared at Detroit datedJune 30, i976, in reaponee to hie reqpelt.
Ii you eieh additional investigation to heconducted concerning this latter, please advile thenature and scope oi iinveeggation you desire.
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"Y �� ~ ;- ..P|UII- I- Evil. _ ' ,__,,_' I ___Sale. lnv. __ T? - -_-q-$1�, .-, --».. .. u_ -� "�_'T� }"""� Ti,-.-1TrQiningi.._... �__ 4 l I� be ' ' I » o � - - " .'. , -I. r" 3' 5�; F�
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__H: above aatter and in particular, tacts surroundin �g�gg roit Oitice obtained a letter written b
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Assistant Attorney GeneralCivil Rights Division _ -
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By memorandum dated 4/21/76 captioned " ' e
"Surreptitious Intries" copy attached!, J. Stan1sy.Pottin|sQ'Assistant attorney General, Civil lights Division, requested 92eerteie iilee be eade available eeien eeneereed ellegetieeeof surreptitious entries. Category B oi this memorandumconcerns the SIP, its members, candidates and oiticials.question 9, Category B, requested the Bureau to conduct abroad review or records or the Detroit,Iichigan,Polioe' 'Departmnt tor reported burglaries or break-ins at SIPOiiices in lichigan and any residence oi any members orsynpathizers of SIP in Iichigan tor the period 1970-1978.
_ - By airtel dated 5/4/73, the Detroit Oiiioe was ]instructed to ascertain requested information. '
On 5/17/76, Departmental Attorney Iilliam L. Gan�derpersonally reviewed tiles at Detroit Odrice concerning
dated 3/29/71 See B. L. Shatkeltord memor um o
=� I. Leavitt, dated 7/2/76, captioned "surreptitiousEntries"!. Ihile in Detroit, Ir. Gardner*Iimitedt¢d;the_eunber oi tiles e! the Detroit Peliee Qeperteent to bereviewed to include the SIP, its youth group, the YoungSocialist Alliance, and several known members oittheseorganizations. rile reviess or the Detroit Police Departmentas sell as Iayne State University, were checked withnegative results. Detroit LEI dated 6/30/76, settingforth results oi check, being furnished in response torequest. In addition, Department being advised that itany additional investigation desired to advise natureand scope or such request. - .
Rights Division, attached letterwhi h ts of inquir
SWP , which appears in Detroit Security of Government Employees SGE! report dated 4/18/73 SWP alleged letter was obtainedfrom either mail intercept or "black bag" Job.
/we� 64/ es, a 1/=1!, a//myMemorandum to Mr. T. W. Leavitt
Re: Surreptitious Entries
RECOMMENDATIONS
1! If approved, that attached letter and itsenclosures be sent to Assistant Attorney General, Civil
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2! Si A 1 t t U it d St t Att y Ance ss s an n e a es orne
ndlBrandt, Southern District of New York, who is haSWP civil suit has also made inquiry concerning
. 5 L II Q In I U b .imletter, copies or LHM will be tarnished toseparate cover.
APPROVEDI QC E�.A�aHs"m__Assam Dir-_.._/.12.. Fin. 5. Pers ______ ___Dell AD Ad '_.,-...- Gen.
C.� Den. AD Inv.}.92~..f_;. �� Idcnt.
ASSL DELI k� |�5pg _-;:{_�j;;-1:�:-_-_�-� 6DETAILS: Adm-Sew ..... ....__ In:-=:|Il..92_2!.§ré.
Reference memorandum R. L. Shae
Mr. T. W. Leavitt, 5/l3i76l wiich staiid copy of letterwritten on 3/29/71 by SIP member, Detroit,appears in SGE report Hated 4715773, concerning her employmentwith Departmen rior. SGE report states letter wasobtained from ho was unavailable for recontact ortestimony." Administrative pages of report indicatesource was anonymous �strait tile r="eals letter was
placed in file by s swP ancqllegediletter was obtained rom e ther ma ntercept or b ackbag
job.� �
On 5/17/76, Departmental Attorney William L Gardner,Civil Rights Division, reviewed files at Detroit regarding possiblesurreptitious entries against SWP and its members. He reviewed
- 2 - Continued - Over
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All /7/J, �. //�J3 �//7//¢;?a Re: Surreptitious Entries
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revealed that original copy maintainedin Detroit file 190-308338-1!
and it was placed there byreviewed than 1efile contains no reference
In res onse to
pertinent files at Detroit tuation,including her main 100 file review
.- _ tile!
, Mr. Gardner
informant Q!tter.
i
er being advised of their rights, ecline o execute
Waiver of Rights form and declined to make any commentregarding this matter. LHMs setting forth results ofinterviews being furnished as enclosures to letter to
Assistant eral, Civil visionOn 6/23/76 as shownAgent personne of the Detroit Offithat he had no recollection of the 1e
who may have furnished it.
p request by Civil Rights Div sionthat the Bureau now advise the Departm nt in writinthe above letter was obtained, SAs¢andaft
gr"! <11
ised Q"no idea" J
AUSA William Brandt, Southern District of New York,who is handlin~ the SW? civil suit,has also made inquiry
concerning thbletter. On 6/23/76, in response torequest from AUSA Brandt and in order to maintain source'sconfidentiality, source telephonically contacted AUSA Brandt
in New York from Detroit. Agent personnel we Q!with source at the time of telephonic contactadvised AUSA Brandt of the fact that he has no recollectionof the letter and had "no idea" who may have furnished it.
Qggies oi LHMS regarding interviews of SAS-and_being furnished to AUSA Brandt under separateCOVE!�-
� H. N. Bassett ,.1 I 92_l-it-Al-II ? Y92�E�:I,U�! fl! -lid-llhll- T. W. Leavitt �E%i:
- R0 Ln E.� ||-5,-,I'i||.lPoI:Gen. lnv._
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I MI. T. W. Leavi DATE:= 1 � F. J. Cassid
JUNE
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SUBJECT? %URREPTI'I�IOUS ENTRI ES
Tcluduno I
Q92t 15' Reference memorandum F. J. Cassidy to Mr. T. W. °�"'��Beavitt, 6/22/76, captioned �Surreptitious Entries,� copyattached!.
PURPOSE:
To advise of results of a survey by IntelligenceDivision INTD!, External Affairs Division, and Office of
Congressional Affairs, Legal counsel Division, for any state-ments made by the Director or other FBI personnel concerningsurreptitious entries which may at this time require retractionand/or clarification: for approval to send attached letterto the Department. ._
SYNOPSIS: gig -// ,7/ééIn a memorandum of 4/29/76, the A torney General
AG! advised that the court and plaintiffs in the SocialistWorkers Party SWP! suit may have been misled by informationsupplied by the Bureau with respect to allegations of break-ins. In addition, AG's memorandum indicated the Bureau -,should review material relating to any statements concerning �-
§E'_'entries by Departmental and Bureau personnel which may now 1z-require clarification and/or retraction. Legal Counsel
, §§§Division memorandum of 5/28/76 recommended that INTD determine=w1whether or not such statements needed to be clarified or
Sggretracted. On 6/21/76, Douglas Marvin, Special,Assistantto the AG, advised he would handle the response to the AG'si�
request. Results of a review of material avaélable to the� : Office of Congressional Affairs, Legal �ounsel Div s on,.. and IS 2 Section, INTD, indicates no nee�E@qg
or clarification of statements before congres o '5 ti sabout entries in general, orgibbut the SWP matter. Reviewof material furnished Depart ent's Civil Rights Division-777-�
.. by IS�3 Section, INTD, shows no material which had not beenaromptly clarified or corrected, where necessary, bynsuhneq�zgiemoranda. External Affairs Division furnished documents
relating to public speeches or news conferences of hhez��li�thl�A 7/14/?5 news conference contains comments of Director i�to effect that he knew of no entries in the domestic area '
Analysis of material concerning entries, which were knownat the time of the �irector�s comments, fails to show anyneed for retraction or clarification at the present timein view of recent statements to the press and to the Department.Entry information located in mid�March, 1976, not furnishedto Senate and House Select Committees inasmuch as �! the
House Committee's inquiry had ended and, �! the SenateCommittee's report on surreptitious entries was in preparation,and a Departmental investigation of entries which occurredwithin the Statute of Limitations had been initiated.
Enclosed letter to the
of this survey, and confirms Mr.6/21/76 relative to his handling
RECOMMENDATION:
Department outlines resul
Marvin's conversation on
of Department's response.
ts
That attached letter be furnished to the AG. a
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In a memorandum of 4/29/76, the AG indicated that %��as a result of certain information coming to hisit appeared that the plaintiffs and the court incivil action may havethe Department by the
tn"/"= "
attention,the SWP's
been misled by information suppliedBureau. This information concerned
our suggestions as to the Department's response to the suitrelating to allegations by the SW? of break-ins performedby the Bureau.
In a memorandum of 5/28/76, Legal Counsel Divisionrecommended that INTD review all Departmental statements,
including those by Bureau officials, concerning break-insto determine whether any such statements referred to inthe AG�s memorandum needed to be retracted and/or clarified.
On 6/21/76, Douglas Marvin, Special Assistantto the AG, advised he would handle the Departmental responseto the AG's request.
Memorandum to Mr. LeavittRn: Q|1rrr=~ni-if-'inm: Ffni-rips:�en. -1-.--s-I7----"__ --.�---_
65-8160
Attached is material received from Office of Con-
gressional Affairs, Legal Counsel Division, External AffairsDivision, and IS�2 Section, INTD, relating to the subjectof the AG's 4/29/76 request. A review of this materialindicates no need for retraction or clarification of state~ments before congressional committees about entries in general,or about the SWP matter.
Review of material furnished the Department'sCivil Rights Division by IS-3 Section, INTD, shows no materialwhich had not been promptly clarified or corrected, wherenecessary, by subsequent memoranda to that Division.
With respect to the Director's comments in a 7/14/75news conference, that there were no entries against domestictargets subsequent to 1966, an analysis of material availableto INTD shows that at the time of the Director's responsesINTD was not in possession of information suggesting entriesdid occur after 1966. The Director's comments were based
on then current information - information based on recol-
lections of INTD personnel-and the July, 1966, Sullivanto DeLoach memorandum regarding black bag jobs. Subsequentto the Director's conference statements, our inquiries offield offices surfaced information indicating entries didoccur after Mr. Hoover's instructions. The Civil RightsDivision has been kept fully apprised, and it is believedthere is no need to retract or clarify statements at thistime.
In view of recent statements to the press clarifyingcertain information furnished to them earlier, it is believedthere is no need at this time to further clarify remarksmade by Bureau officials.
Entry information located by us in mid-March,, was not furnished to Senate and House Select Committees
inasmuch as �! the House Committee's inquiry had ended,and �! the Senate Committee's report on entries was inpreparation. Further, since certain of the newly discoveredentries were within the Statute of Limitations, the Departmentinitiated an investigation and it did not appear appropriateto disseminate such information at that time to the SenateCommittee. .
In addition, at least three domestic subversive targets were the subject
of numerous entires from October 1952 to June 1966. " _
This same document on page 2'78 reproduces a LHM
entitled, "United States Senate Select Committee to Study Governmental
Operations with Respect to Intelligence A_ctivitie_s by Senate Select�-56! �rm I-1"� 1-'1" "��� it -
Committee" raised surreptitious entires in domestic targetsmihis �M
HHt�s th procedures outlining a request on the part of a�SAC of a field office to the appropriate Assistant Director at FBIHQ.
This LHM indicates that the SAC maintained a record of approval as
a control} device in his office and thatvthe next yearly field office_r|92o<* .
inspection, files were destroyed.
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uu iawesugeuona currentiy eemi conducted by the FBI vvlicre adetermination haa been made iivit in the FBI that that individual isa threat to the internal security, e current threat at this present time.It is a �VH3 small list, relatively small. It involves approximately 1,2150
'1 names at ie present time
Mr. MOCmar. �That is the longest time that a name has been -onthat l�iatl Do you have names that have been on these for 30 or 40years
Mr. Aiiaiaa. No, air. The adlministrative index did not come iiitoplay until 1971. Prior to that time, ire had! the security index, whichwas a liistin which had a different purpose. 'Mr. I5IcCgiioa92'. Does menibeirship in the ,Socialist Viilorlmrs Party
just automatically put you on the index! . ;Mr. Annie. No, aiir, it does not.Mr. MOCwa'r. Albout how many membeiis of that paiity would you
have on» the listl
Mr. .-Annie. I can give you that � ure. I would prefer that anydetailedl description of targets and inldividiuala be done in executivesession.
McCwii1'. Have you already furnished that information to them .
Mr. Aimin. I do not know that Ire have had a -Mr. McCmar. If not, would you furnish thatl would like to have-
tbe number. I don�t have to know the names.Mr. Amara. Yes, eii:,_I have no objection to furnishing it to them.[The Bureau�s wily ia included in its November 28, 1975. memoran-
diim. and is print on pages 11123-1127 of tihe appendixes] -Mr: McCwiir. You mentioned in your statement that you are not
only interested in subversive activity which implied viollence but also�underiiiiiiiii5." �That is the ditlference betwieeii the violent overthrowof the Unite States and imdcrzinining the United States? Have yoiugot two groups that you are interested in I
Mr. A.inms. No, sir, they are both working toward the same endi.It is all inherent in the same idea of activity with the intent or designto overtlirow the Government of the United States or any subdivisionby force and violence» i
Mr. McCi.riai'. Mv time is up. �Thank you very much.Cliiiiriniin Piini. hilt. Stanton.Mr. S-i-aimix. Thank you. Mr. Chairman. -Mr. Waniiiill, has the FBI evger participated in burglaries in ordeir
to obtain information for their purposes of investigation? �"""""�*Mr. ll"aNx.92i.i.. I think Mr. laelley, at a news confereiice in _l]l_l_1'_L
acknou-lcd;_ii-d that the FBI had participated in surreptitious entriesto ohlu in informnt-ioii. "'"�' M r. Srnsrox. 92Vene they illegal activities!
Mr. �lVaa'xau.. I�mi not in a position to render an opiiiioiri. The wholethiiig. as ii matter of fact, is unde.r study by the Department of Justice»at t llS thine.
.92Ir._S'i-axmx. Could you tell me, from 194.5 until the pueseiit., howmany instances there wei-el
,._ Mr. 9292 .92.w'iw92i.i.. We have made a very thorough etudly and haveintervii-ivcd numeroiis individuals who might have been knowledge-
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. . � �i92'l'r. I Iiriu iu_921_§__'_l;92"!_""1!"""��--l"3l'i»'92 "ml �'m'"�mrg� "5' J "2 '1" '1'" e - 592l'|l.IllIItl- for1, Minnelli a I _ _ _ f than tum-e"|_ _-I'��i1T|"E.9292B iave nu' --iiiist seine 0
"""�"i '��'"ia his no bboi-hood�o£ can �entries, =i<=192'~'~°i ��i*'*'=� '��"�r,, -1 Ill ' _ - ' -3.il il | B l _ _YT~'i:-~" 1:1� minsigiiiiiiiiiiiisi iaisi .r '"' §lr- ""�mm," In our s�lmestitt area. ' ' .
D0 you know what illegal Ont?! 15 _92"92d,.i1' um hm,
-92i;}1'°Q92?,f§§,�i:fi think ll understand what in illegal ear; is: so;_ r.
I mill� §1�a92"i'o:v D0 am� 0! �hem �t thnhqé�nitionaL -. _- . i t t commit n crime
M13 w*1���." I thmid 'th?lii� :£idn"i1�li:1,:,2lllI:l'i:�81lll.hl 1rereiiiaide-�-�-Iiitiinékag�itilgo gdiilkiioiipxhat br-calling �mi ""'°'i�3 is �nder the5thi,'i,.wA.;i hliarylaiiil or Ohio! 'air� �§¥ANNALLI¥9e§,:lllril|lV¢ to have the intent to commit a crime toL r. 'r.92:92"|r*0N. ' -
b k and enter�! , J� ml� min.rash� WARN-Au__ 1 vi-ould lg J'°r:"Il1gl:ably do not ve ve .mitito g1,'nl1ilI'i"::�:h:?I�92=iridlIi-iieigldi�hzlli� important element. In otlher Lij�l�li If�"'- � " - - - ld but it veil are M mi! '"you liiid the noblest intent. iii the in-or , _ . Ed geiiiiqriexget *5 ��,�," i il5§iiii�iil'iZl',ii§§.i9�ii;ii�.ii'iiié�iiii . M» Coniwf�iiy-.- "' �*�"92"� " - - I de�nition. I woii i. i e 0...Mr_ S1-,92y'm».~i. I ivould like to haie your I _ k f breaking andknow what a Pmlmmm, lpgismi in tlie 1'BI t iin s o
eiitoriiig. . �hem am no �ch ci|~¢|||'|'_|,5fal92 '¢8Mr. W.92ii.92'..92i.i.. I can assure you
mil?� *�-�yr 92 That is net the question. The quest ion ia,do you under-; . L i92'§Tn'¢'- I . -stand what breaking and eiiteriilg 18? -
. ' ~ -. Yo . - kHas this FBI illegally entered premises to see]irIf01�m'|"°" . I reniiees without the iii!"-� "Mn �vA_92.N_M_L_ '1]|s I{_l"!lI ha_B eiiteiiu P f a�eld�: i|nfomm_$dg0.0f thB.ewne'r8 oi tlil� lP��""9�5 hi� um P�rP°°° ° d
iii;__i"cs sin .. ' ki an enter-_!!192{i-. S�l:JtN'l�0l . In other ll'l;l�g?, léitelyt :2�: §92tll11�|its!6£i�;�I'92�;' �'3'. t mm�. iimll[nmi92;mhtmi.i§iiiht;1ihwl¬am riot-' coins to ~"*1*"' '"' °Pi��°"' T"�� "_ 1'- "W-*� ' - r t tl iis time. _In B 2-nniigiiii %QT?92�iI!!:ii,duitl'i::n[i�Bi? ¬l92�I»";T92'lE i? ilii briniking and Qlliefélltfllii r.-rs. _ . .- - .- 1} veo ieI hlr. 92Yg:lN.i92I_.:.. IAtcl;i�:iflc1li,ii_!iéi!icti:llIy had to do uiilli ie pawl» Imeriia >ciii_i'i t,V . '. ' t to p-lace itself in a posi- �engress directed the Jiistice D0?!�-1'tm�i� H 1 I t mdi.lion. iii the cretit Olin put7ii5Iii?]l iB;1;!':'�i�::�¢g'&;1';§."km 0 t '9 5 we S
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.92l -. l92'. i.i.. 0 sir. _ _ ., . - ' -.92li-. Tlieii tluit is not ]l.925i.il�Cl.ll0I'l for those ill�gd int Hes�i.-in il f -
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air. l'§'l�.92N'lUN. So the fact of the matter is that the FBI cannot usetlltal-utt� a basis for ille�liy bieaiiiiig and entering an iaimbiteii we lll�. _ » , -~
I l92'.92xi~ii92u.. I know of no law which .92l'0ltltI 1lBI�Il'lll-I110 FBI toin nit. - '
Mr. Then the Flt! has L-ceii involved in illegal aet.ivities'iMr. 9292'iixaii92i.i.. 'I�iu;FllI has been involved in bireakin and tilell-i-ti .. _ .. t1� '3 Iti92Ir. -S'r.92a'mx. Did they ever seek the Attorney Gencral's pcrinissioii,
- prior to 197:2, for breaking and entering? _Mr. l92'.92sii.92i..i. Not to my knowledge. - - _Mr. -_5"I�.92.92"I1.IN. 92_92'ho was the person responsible, prior to 1972, for
lp{iroviii|g_a breaking and eiiteriugl .In W.w.92.92i.i- �I hese were approved at the highest» level of the �n-i[t_�tI_lI, II't_l'llltlll!� the _l!i,rg.-etni'ott to I-�ill.
I92lr. -�l'|'.92iv1'm:. Then .92lr. lloover directed the activities. He did notleek a|i92n'oval from the itltorney tleiieral t .
, Mr. l 'i92N192'i92t.l.. 'I�o my lilniv92'|eil;_!e, he did not.hlr. Sr.9292"ros. in other ivonla. Mr. lloover felt that he had the power
to vioiaie the iaw of ii State or of t his coniitrv t '.92lr. ll".-iii:-'.92|.i. Are 92'tIll asking ine what Mr. Hoover's opinion wastMr. h"r.92ii-i'ox-. Yea; I iiin asking you if he approved illegal activities.Mr. 9292'.92xi~i.92i.i,. lie approveiltlie breaking and entering; yes, sir.Mr. Stats?-'i:~'. Do yon iiiiiiii, in ternis of the U.S. Government, that
for the-piirposes of the ltiireaii and of this Goveminent the activitiesof the lhireiiu are going to he iin iroved by virtue of the fact that wehave had exp isure of some of the illegal activities of the Bin-eaiil
Iii other words, do yon feel that the exiinilnation of these publiclyisgoiiig to be therapeutic for the llureau?
' Mr. l92'.92:mai.i.. I tliinli they will be; yes,sir.. Mr. S"i".92x'i1m. Tliank voii.
�hiiirinan Piim. Mr. Ilfurnhy.Mr. Mriii-in�. Thank you,'Mr. Chairman. .Mr. .-luliinis. one of the problems we have, I think, with the FBI is in
regard to wiretapping. It is ii practice that the FBI has not admittedto but nhout which we liii92_'e__iiome intornintioii that leads us to believeit went on in the past and I am wondering if it has been stopped. Iani also interested in the question of reliable informants.
�'0 iiiiilerstnnil that the 1" Ill will go into it town, so y �liicago, whereI am from, and they will get a local policeman or some local policeforce to do wiretapping for tiiein. Tliey pass this information on toa strike force made up of iin FBI agent. Justice reprcsciitiitivc, IRSagent. Then, when they go to court and they are asked where the evi-dence cimic from, they can properly say they did not have anythingto do with the wiretap. *� Do you get any information that way that you classify from re-
liahle mforinants?
Mr. _92n.92.92m. Not that rticiihir situation. If the Chicago PoliceDepai-tnicnt. were engaged. in illegal iviretsps and it cinne to onr atten-tion._ 92ve_ would open an investigation under the intcrceptioii-of-eoni-uiunn-at ion statute.
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I--1-I--it miwed in we lei 3 0.-1* Y?�"�2�Y 5.�-�2@�� 'i?.?¬$irZ3'ii.¬?i*:E.*|-3i'1'|Il. to the enstoiner whose one they ionnn it on. I-III!� Blllll they ---ti,,,, ,|"¢_y to re rt it to the Federal authorities. _ _ _
I am won ering what your iiiterpretation of their position wouldIhe .
.�-tr. Assets. You are talking 9-l'92..0!1i. the telepliooe mitt�-soy!Mr. Mum-iir. I am talking about the Illinois Bell �felephoile C0-i
tho only siihsiilinry of .»92.'l�. & '1'. yvliicli does not report 92vii'etlll'9 l'°Federal authorities or any autliorities. The of the ystem all does.
I am of the oninion that if a citizen sees a crime or knows of a ci'1_me1,11; i-onunittiid, he has a duty to report it to the proper authorities.
Mr. .92n.92.92is. I am a little hesitant to comment on t ieir testimony,not having ri-ml it or being familiar with the exact _wording of theiii atciiiriit. llut l ilo agree with you t hat. when inforination comes to the|92lh'll|ltIll of ii cit izeli-�-ivo iii-geftliis of aiiyone--this should be reportedIn n-oper law en l'ni-i-eiiieiit aiitliorit ios.
htr, .92Iua|-iiv. Lei inc nah you a question. Mr. Adams. _Tliere was an inordinate Illllllllt�I� of ex-FBI agents -worliing for
.i.'i�. -it '1�. and its Hllili-ilIlllII'lt.'i4 ihrmigiioiit the coiiiitry. ls there anypm-poseful connection then-l
.92[r. Annie. No. l think _92-on will tinil iii any major ai-gincnt_ofinihist92'!' that former Fill ollieern are often cinplo_92'i-il as securit!'ttllit"t't'S. I think they have iloinoiist rnteil tin�-ir qnniiticntiniis over the_92'cnrs. They do griivitiite to vooil posit ions in private industry.lint there is no concerted elliiirt to penct rate or to control or dominate
or do anything of this sort on the part of FBI agents collectivelyor individually.
Mi-. Monrirr. When you are summoned before a congressional oom-mittee and queries are presented to you as to how many wiretaps exist.today in the United Stat:-1, was it a practice before the Director camedown to testify. to send oiit a noti�cation. �Take the wiretaps ell� for a_weclc or 2 so when I go to the committee I can testify that as of thisday there are only 10 or only 4 domestic wiretam existing"?
Mr. .-92n.92iiis. Aiisoliitelv not. I believe the iiiforinatiou we furnishedto this coniinittcc. and to the Senate i-niniiiittce i-ita fl�, woiihl elea rly showiiy ciieciciiig against appiiopriations testimony, information of that.type. There was no such activity. Mr...I.l'oo92'or fraiikly iniposcd'1'e-_straintii on wiretapping in the FnT�-f�0I92!iltl !Hll!It� i-estrnints on wire-lappiiig. In fact. some of the iiiaterinl we uiiiile available ."ll09292'8 thathe was one of the loinh-st voices iii�[_':�ii'i;.I,' sonic type of iuitiiority andiippi-i-mil in tlic Attoriiey Geiieial. not-'only_of ours _hut other agencies."'.'llr. Mirni-iiv. All right. I 0Itl_tl_lttlV ! 5 minutes. -
Did the FBI ever get inforination that the IRS was eoiiduetiiigschools on n'in-talipingi'_ Mr. Aunts. I don�t recall whetlier we had any such speci�c internin-lnr|_
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' ic iemiat organihations, but the were quite I� �ted,_3cIIlt0r Banal. Howinany �black ba.g�,johe were d�lhl: the course
oi! your tenure at the FBII .Mr. Baainuiie. I would have no idea, air.
it '?5'a3l;"' B4"! W011» !0u've got to have some idea. Was it 1, or wasMr. Baainniir. I do not think I would be capable of comm ntin . I
do not have that range; I did not work in that �eld where it has gen-Qnllf �mployed as a techniqueasenator.M Senator Baum; Ifow rnaiiym o you have knowledge oil Somethingan uni Ti�ii Til. illili, 1| IIELFIRI, _ 'metlrsgnnsrgzan. I don�t ink I�iii in a position to be able to answerggialtior Baiiaa.YDo you have any knowledge on that euhjeul
naniuie ea, in a genera range. _Senator Bane. Then I would like to have that wen] raThe Caarluuizr Senator Baker, we have �gures, ould you �u in
have theml We have documentary �gures.Senator Beanie I would like that, and I oo - --�
ression too, Mr Chairman.e Ciaainraii Very well What was your
Mr BRENNAN Can we t a ven time frame
Senator Baiiiiii. No. Th: 0:1 have knowledgeMr Biicimaiv The overalfimpreeeion on mySenator Baiian. Yes.Mr Bar-mum I would have to aay-I woul
P0§SllJ]y, o_f_ maybeélltl, 40 _ ySenator Hana. Did the FBI ever get caughtlMr Biiamuiii I don�t think we did, SenatorSenator Baxnii. As a matter of fact, you didiiMr. Bimimau I never heard of anybody gettiSenator Barren. And the tochni ues iniolved
cooperation of the local police! ow many men did it takel Whattechiu iiee did you employ to lree from getting caught!�la
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26 years in the FBI!
d put it in a frame,
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ng caught, air�-were they with the
Mr. iienivair I never enga in one, Senator, so again, I wouldQIIL 0� -._Q.. _ - �.. al.- -._ _...__ _ _ _
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ti.nator aura. You re speaking of oouiiierespmnngo lli the ., _
Of It Spy Of I f�f�l�ll !0ll|�lf.!'U opgmtlng 1|] this country� and �M �'~mg to counter iml Ia that the counterespionage you re bptnl, :
"Mr Baairicair Yea air
hiblgnsfglr ;l3i92itaa.sAnd that's the only case you knew �black beg" id�r iiamuiie u tl afte I to BI Ieamed there I'�l$b:!qI:c°n�b � k bdg� lti. whi�§e'°'i§iii}l°Ti i§-'¢§'e'i§'.f'I'£
whatédl w.o£ld have to term domestic aubveriuve groups, and some
"'1 . I OI in-u w. Now, lot me just give these �giinrs. These are _Ii_.._ �J I ,,,. |..-.-n .-=u|iplii-ii to us by the Federal Bin-eaii of Investiga-F . _ _ |,,,,.._ in our rc�qui-st, been declassi�ed. And I would like to
'l'| ll min lliv rm-ori .H �ii :. 1"� I I ilninostic subversive targets were the subject of at least.¢__ ,,.m.-.- from ill-ti! to April 1963. In addition, at least three domes-,� ..,|-92 i-isirr tin-gets were the subject of numerous entries from Octo-i- r l'.l.'--,3 to June 1066. Since there exists no precise record of entries,Ir |92|�t� unable to retrieve en accurate accounting of their number, butthat is lhc best �gure we have.
:-ti-muor BAKER. Thank you, Mr. Chairman. This �nal question, Mr.lln-mien, since my time apparently has expired. Was your divisionihr one involved in any surveillance of political �gures at the Demo-ri-otic National Convention in 1968!
Mr. BRENNAN. Yes. sir. We developed all of the intelligence infor-mation relative to the activities of the dimidenta who went out toChicago to disrupt the convention. However, I don't recall any timethat any instructions were given to include aurveillances of, as yousay, political �gures Senator. _ _Senator Batten. Yes. I�m tllklllq about the allegations and thecharges that the FBI kept eurvei lance on Robert KBl'lIIQd£.I>lldSenator Edward Kennedy and Martin Luther King, and a nuin _r ofother political �gures, and that, in fact, there was a coinmiimcationalink-~ believe a telephone--from FBI headquarters in that cityto the White House-even to the Oval O�iee. '
Mr Bananas I am not familiar with such surveillancea. Butbasic��
Senator Baiiaii Youhe familiar with those allegations and charges!Mr Bani-man No As ainatter of fact, Pin not.Senator Baum You've never heard them before!Ivir �Bneuivair No. Not those �e ones.Senator Banana. Well, general y, maybe I m not describing it with
exact accuracyMr BRENNAN I recall that there was an Earth Day a�air, which I
believe Senator Muskie made a s h, or something, and I believe anFBI report dealt somehow witi the Senators appearance on thatoccasion But any information of that type was purely coincidentalto the investigative etlorts of the FBI which were basically directed:t the ac ists who were involvé. in tli% tyixs of rm� -"oer-t.e. Andanything related to political �gures was actua ly coincidental
Senator BAKER Pm told I was wrong It was not at the 1988 convention , it was the 1964 convention that I was referring to Does thatalter your answer at alll
Mr BIIFNNAN I had little knowledge of the 1964 convention ThatWas not coordinated out of the Domestic Intelligence Division It 1.8mi recollection that that was basically coordinated by Mr DBLOMSIL
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t� lerenoe 1 Iede to rec letter dated eevtleber II-uig, £g:m. John :. lllill, Director. noeeaatic Inte1l.iq1:�ee--~ -»==-- =» ~=- ~1=r--1.=- '2:2::2--£=;;_=::;i:; s222::_?£61; iniiiiiiiiai Caai�i�iia��, uw-an.-e en. 1� e|I eeu lee-be-rantmm-.1, wherein nr. rum: nede tn. Jollowinll r~;92I"= "fthgeapeut to doeeatic tarqete or eurraptitioua antr ea conducted by the III: _ .
l. etatlatica on the eolua or euch aurreptitioua' entriaa in inclusive clllq��il I�-"=5 1' "�b"'"*"""
-�Mg. Inge," organised urine,� or '|eiacallaneoue.' fbeaeetatiatioe ahould be cleared tor P1151-1° 511°-"-°'�"'
2, 'coaQittea acoela at I'll lleadquertara to aecaolete liet or epeeiiic tn-gate. regreeenti� 111' Y�-1'"
' etaiietioe in ztea 1- 11'0"� -
1. oenvary to the cnalreen and vice Chain!»at the liat cl apecilic targete requaated tor aooell inItal 2, above-
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�nancial information, and eeaberehln 11"! ""5 5'9"�-�Yreporta ol target organiratione.
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g to gnia rerleet hm 1!-ll to April. '19� en;-:;Jti:::u�:cantry wee ct lined by the Pu on e hieh-1!aalectiva beeie in the conduct or certain inveetiqationmavailable recorde and recollection" or Special ngantziait�l1"-°~1"""" """°'- 5*� '""-!"2?!12�!!.2f-!�f'J 21.2�..- "
£::?i::¥.:":.:*::::: 2;.:"::::;:t*"::,;:;::::ou: .:§,:_:.:naused to obtain aecrat and clonal! 1I92Ill'92�-�I5 W91" " °
unen a special Intent in marge mm or e lleld,n|.-a coneidarad aurrapt tioua entry neoeeaary to the,_-duct of an inveetigatiolli he would lake hie reqneet to1;, |p]IIGpl'1lCO Aaaietant D rector at !lIll0¢ juatilylnq,_-,¢ nuod tor on rntry end aaaurinq it could be acooll-h':|ah-Dd eetoly w tn tn l eecurity. In eccordance witsnutructlona of Director J. Edger lloove-_, e memorandumoutlining the tacte ot the request was prepercd tor
;~>===~::: °:..:=.....- "::::.:..~::.*:::::-:;lll� e 0ihl naeietant l:|1ractor'e ottice under a �Do not Pile��l'OClt|92lZl| and thereafter deetroyed. In the fieldo�ice, the SAC aaintained e record of approval at econtrol device in hie oliica ante. at the next yearlyfield oltice inapection, a review of than recorda wouldbe aede by the Inlpector to insure that the SAC wee notacting without prior rnzno approval in conductingeurreptitioue entriee. Upon cmqlletidll oi thia review,there records were destrc-,-ad. '
There ir no central index, rile, or doouuntlieting aurreptitioua antriee oonduotad aqeinat dolaatietargete. To raconetruct there activities, it ie neceeearyto rely upon recollactione or special Agent! who haveluloulodge of eucn activities, and review oi tlsoee {�eeidentified by recollection ea being tarqata or eurreptitleeeentries. Since policiaa and procedural followed in reportingor lnforleation raaultinq Iron a aurraptitioue entry weredellqnnd to conceal the aotivit troe peraone not having eneed tolmoe. inlnrlation contained in I'll tile; relatingto entrioe ie in aoet inatencoe incoqalete and difficultto idanti ly. '
neoonatruction or inetanoee or eurreptitiona entrythrough review or tiles and recollection: ot Special Aqentperaonnel at PIIHO who have knowledge of euoh ectivitiee,ehow the tollowing cateqoriea or targete and the approximatenlllber or antriea conducted eqainet each:
l. at leaet tourtaen doaeetio eutneraive tarqetewere the aubjeot at at laaet Ill entriee {roe l!l2 to April,195d. In :%itior-, it liiit three ioeeetio euiwareive tarqatawere the eubject at maueroua entriae {roe October, 1052. toJune, 1966. since there exiete no preciea record oi� entriaa.we are unable to retrieve an accurate accounting or theirnumber. .
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Because we're going to make reports to our Congres-sional groups and to the Department of Justice and,frankly, I can't tell you the number myself. wedon't have any.... __
They did not entirely stop in 1966? There were.�some that did get, you.say, a small number after
1966? _ t ' _
There may have been some after 1966 which were,of course, in'the field of foreign counterintelli-gence, and such that it would make a grave impactOn Our. n 0 o -5' -
�Before that, they were not with the field or foreigncounterintelligence? _
|0h, yes, there were some in that field also;
�There were others that were not in the field offoreign counterintelligence before 1966?
You recall that I said in the context ef the time, 'it may well have been that prior to that time nationalsecurity or counterintelligence or whatever terminologyyou might want to use could have included other areas.But, then you began to compartmentize various typesof activities and then it became evident that the
area of foreign counterintelligence national securitycertainly should be differentiated from domestic
security. �
�But, Mr. Kelley, what policy have you followed inthe time that you have been Director? Is this typeof activity, has it been permitted? Is it policynow to conduct this kind of activity?
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activity since I have been made Director. If everanything of this type comes up, and I can't foreseethis nee , hut,'if it ever,did come up and it becamea matter of grave concern, a matter which is to besolved only through such activity, I would presentit to the Attorney General and would be guided byhis onininn as to such activitv- F s k1 - T h up 92i__ _,_i_-" __ _- __-" _--_-_-,- -r_n"_v, _ "e._
�not had any such request since I have come aboard. 92
the foreign field, Mr..Kelley. Isthe foreign field when you say such
s that in that
mited to
ctivity?
Yes, sir. Foreign intelligence, counterinte11i-gence, national security, whatever terminology -you want to use. _ ' � -
�Back prior to 1966, were any of those in sayorganized crime investigations? .
[I know of none. '
would you characterize, Mr. Kelley, what areas they�were in, please. What areas the pre�l966 burglariestook place? Characterize the kinds of investiga-tions they concern?
I can not at this point characterize them because II .-_ ..... ......-- _..- ___ -__.__ n__ _ _ -____ -- --
juat ¬':un'¬ in-now how they were t;O be c'�a.1:e|.c�t�.erZ'Lzt:¬'1-But, it could be that, I would guess, that thegreat majority of them are what we now term counter-foreign, counterintelligence, or national security.I would say that in all probability the geat majorityof them were in that area. That's where the graveconcern is. - -
a legal point�o£ viewthem at all were con-
authority?
. Have you reviewed them from| to determine whether any of
ducted without proper legalI
We have discussed them with the Department, and willplace them in their hands and they will make sucha review. _
II, the Korean War, the Vietnam War, the Cold War--. -11 -A .LI___iI92 .UJII G1-L UL Ell��ll
I I wanted to ask you if this goes back to world war
�They will go back to World War II, I'm confident.
I Is it possible to get court authorization by warrant,or whatever means for surreptitious entry as dis-tinguished from an ordinary search warrant?
�Inherent in the request for a microphone insta11ation92�there is a matter of surreptitious entry. So, therein
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. warrantless
QUESTION: a Weren't the- some oi the
ANSWER�: U
for a surreptitious entry. And, at this point, offeeling is that these confined as they
are to foreign counterintelligence it flows frompresidential authority as it applies also to tne
wiretaps. _
civil rights groups, Mr. Kelley, amongorganizations who were burglarized?
I'm not going to say anything about where they were,or against which organizations they were directed,only to say that they were, Mr. Nelson, and I hopethat will satisfy you, and I hope that if there isany revelation to be made later that they can be ascomplete as possible because, again, we feel thatthe intent was a very good one and there was no
protect the
�QUESTION:n
I "4mswsn; 7*
premises?
92 .
illegality concerned. And the impact of it was tocountry.
Sir, how can you say that there was no illegalityconcerned if the Constitution says that you have tohave a search warrant to make an entry and without,as I understand it, even checking this with theAttorney General, these Agents burglarized private
The_resolution of the problem which you now present�is up to the Department and the courts, and I, ofcourse, will not engage in anything except to saythat in the defense of the men who authorized.and
QUESTION: I Hr. Kelley,
ANSWER:
participated, that they had this intent and withinevery criminal violation there is a necessity thatthere be the ingredient of intent and there was nonehere as far as I can determine.
would you say, sir, that most of these
requests for surreptitious entry flowed from presi-dential authority? Is that what you said, sir?
No, I did not shy that. I did not give a complete. outline as to what the authorization was, And, this
again will be a matter which will be discussed inthe reviews of the Department and the various Congressional committees. = �92
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Sir, would you say that the Cubans who burglarizedoaniel Blzberg's psychiatrist�: office should nothave been convicted then since they thought thatthey were on a national security mission? Theydidn't intend to violate any laws. That was theirtestimony. i-
. 92
I have no judgment insofar as that because my -province is in presenting the facts and for thereview and determination by the courts and if suchan inference was made it was not intended by meto give them any sanctuary. I'm trying to keep inthe area of our facts and that particular thing asto whether or not they had any intent or whether ornot it is_a viable defense is up to the courts.
Mr. Kelley, did you twice mention that you expectsome resolution to this question in the courts?How is it going to get into the courts? .
I don't know. It possibly will be some sort of adefense, rather some-sort of a presentation to thecourts by the Attorney General. He has indicatedthat perhaps this being a constitutional question--it being a matter of the executive privilege of thepresidential power--that it might well be necessaryto have such a review to determine. a '
. 1
were all or these break ins conducted with the
permission of either the Attorney General or thePresident at the time? 0r.were there any that wereconducted without such approval?
I cannot, at this point, give you any particularsabout the program. I just say, as I did before,and this.... -
_ _ -_ - - i .__- __-Because you don't know or because you re withholdingcement?
I'm withholding comment. - .
Mr. Kelley, I'm'still unclear about distinctionbetween break-ins before 1966 and afterward. Is the
reduction in number the only change that'was made orwas there change in the limitations on the targets 92that were used? ~ 92
There was a change insofar as the targets just being 'in the subsequent area confined to those matters which -��__ q_______; a_ :___a__ __�_L__1_L_92a:_____YIQKU DUHUEIHEU -I-II IUIELQD CFDUIICEIIIICELLJQBIICBQ
� QUESTION: You imply then that the others concern domesticsecurity or did it go beyond that?
This implication is yours, Hr. Rogers, but....
-QUESTION: 92 I'm trying to recall what you said initially.
ANSWER; |I said that..., the question was asked me whetherI included domestic intelligence, and I said Iwas confident that the great majority was in thearea of foreign intelligence or foreign counter-intelligence, whatever you want to call it. Andthere may have heen= I don't knew.
that you have not received areguestwfor any type of activities such as thissince you have been in office. when did the lastone take place?
5
QUESTION: Mr. Kelley, you said
ANSWER: I do not know. I do not know.
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full details of everyone of thewill the materiel
Committee include
break-ins?
ANSWER: I
QUESTION: 92
It will be a matter which will be completelypresented to the Attorney General, and, insofar asfull disclosure by him, that's a question whichonly he can answer. We will report those aboutwhich we know.
Hr. Kelley, you said it was also for the good ofthe country that Agents send letters to school
' boards and principals and others to damage thereputation of people working who have had connec-tions with groups the FBI had infiltrated. Wasthat also for the good of the country?_ 1
Your statement, was that also for the good of thecountry to do that, to damage the reputation, wasnot the issue. As you pose your question, youanswered substantially my response that would bemade. Yes, I|think that the purpose here was to
ANSWER: .|
. .
do something that would ultimately end to thebenefit-of the Nation. In other words, I thinkin the eo�called COINTEL Program, which you men-tioned, that the intent there was one_which had
92
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adequate basis. As to the.programs, now, indi-vidually activities within those programs may besuspect. I have said and repeated that some ofthose activities I would not feel are proper today. Iwasn't there during the time that all of these programswere developed, nor certainly the approval of thevarious activities within those programs. Were I to .have been there, there is some that perhaps I mighthave said, �No I don't think this is proper.� I havethe benefit of hindsight. I have the benefit of exper-ience in local law enforcement which, I think, preparesme to better understand perhaps the impact of some ofthese types of things. They are not at all unknown inthe field of law enforcement. In some degree or anotheralmost
similar types of activities. Not perhaps to the sophistication
all the law enforcement has engaged in some
as the COINTEL Program, but the context of thetime is felt necessary in the present day. we realizethat different standards should be applied and they areand we do not engage in those activities now. SinceApril, 1971, we out them off.
NOTE TO CORRESPONDENTS AND EDITORS: The preced-
inguse
coment by Mr. Kelley concerning local policeof efforts similar to COINTELPRO may.be open
to misinterpretation. At his direction the FBIlater issued his clarifying statement: "I had inmind that law enforcement agencies have used '
methods designed to create disunity among thecriminal element, particularly in organized crimeand hoodlum gangs. Probably most common waslabeling a crime figure as a police informantto discredit and destroy his criminal influence.These activities to pit one crime figure againstanother have achieved success in neutralizingthe criminal element.'!
You said that you disagreed with some of the activities,that they were not proper programs. Alright, does thatmean that there are variations of COINTEL Programs 'still going on? - -
In the
That'sWithinities,of the
first place, we deliniate certain programs.the overall structure of the full system. 'each of these programs there were some activi92individual activities. I feel that the setupprograms certainly was directed properly, that�
is, with the intent to preserve the Nation. Insofaras some individual activities, yes, I feel that some
~ were, in today�: context particularly, imprudent andthat they were not, again in the present context, thetype of thing that certainly I would approve. Be thatas it may, we stopped them in 1911 and we have nointention to continue thep.*;
QUESTION =� Mr. Kelley?
_ ANSWER: Yea, sir; Joe? ~ '
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$4 QUESTION: _ �When you were an Agent did you engage in anyg _ _break-ins or were you aware of any break-ins?
Insofar as the matter which you are now discus-sing, I think that we can give substantially thesame answer to this. This isea matter which is -being investigated by the<Department and is beinginvestigated by the various comittees, particurlarly the Select Committee of Congress and, I'mnot saying that Clarence Kelley engaged in suchactivites, or did not engage in these activities.I'm merely saying that these have been presentedfor review and they will, thereafter, be discussedat some length and any publicity that might begiven them will be that which will be given bythose more knowledgeable than I. .
Hr. Kelley, to your knowledge have any members ofthe FBI been involved in the-planning or executionof assassinations?
No, sir. I know of none.
Mr. Kelley, how about the break-in of embassieshere in Washington. Have any members of the FBIgained surreptitious entry into any embassies inWashington?
Without naming or designating victims or insti-tutions, I can only say that there were a fewconcerned with counterintelligence--foreign innature--subsequent to 1966. Further then that
I cannot say. .
A few is 10, 20, 100? When you say few, I'm surethat I'm lost as to how few is a few.
Not many. ' -
Was a lot of this done in Washington as opposedto other cities in the country?
There.were not b lot, I'm confident of that. And,frankly,.I don't think that all of the few wereconfined to Washington, D. C., but I.can't tellyou absolutely that that is true. _
Mr. Kelley, were any of these done in conjunctionwith the CIA? with their knowledge?
I know of none. Now, subsequently, perhaps theremay have been information whieh did go to thembut, not insofar as the origin of the information,I'm confident of that. We were not in partner-ship with CIA. '
How about the NSA? .Were there any of these break-ins done to help benefit the NSA in its code-breaking programs?
be presented and, it's better for them to commentthen I
Hr. Kelley, the Rockefeller Commission reportsaid that, in discussing the CIA's mail coveroperations, said the_FBI only learned about thisabout five years after it was in the works. In1958, I believe. Mr. Colby's report to thePresident said the FBI knew about it from its
conception. which is correct? -
It is my understanding it was 1968.
1958?
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1968. Wait a minute, 1958, 1958, That's right,1958. '
Mr. Kelley, in the last sq years, as I understandit from FBI officials, there has never been anFBI Agent prosecuted for any kind of corruptionor crime in connection with his official duties.
Is there any agreement with the Justice Departmenteither in writing or any other kind of agreementnot to prosecute people who may stray from orcommit crimes but, rather to handle it with
internal discipline?. ,
Mr. Kelly, spelled K-E�L�L-Y, there is no suchagreement. I would not abide by such an agreement.I vehemently oppose any such arrangement and wouldnot operate under such arrangement. No, there is .92none. Yes, anyone that, within the FBI, will beprosecuted if there is evidence leading to that _
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conclusion. I can assure you absolutely thatthis is my policy, is the policy of the Bureau,and that we will pursue them as vigorously aswe possibly can. There's nothing worse in myestimation than the betrayal of trust and that'swhat we have when one of your own people detectsand gives sanctuary and assistance to thecrminal world. _ ' �
How do you account than for the fact that therehas been no one who_nas strayed across the linein all these years? It's almost unhuman.
well, I appreciate your compliment, Mr. Kelly,which I agree with, there has been none. Therehave been, of course, some allegations madefrom time to time, all of which have been pursuedand found to be groundless. I think that it'sinherent in an organization which is closelyscrutinized, an organization which has a stronginspection system but, more than anything else,is the choice of people who are not susceptibleto this type of thing. Unquestionably, in sucha screening process some might get through.But, than, within the FBI is a built-in systemwhich further prevents this possibility and thatis a tremendous pride in this very matter. Thatis, that there has been no corruption. hnd, IQ�t lIl92I92�:4:QI92In L-�an-In �aolauaklu o_oJ9292|n'|a-�nan-no 0.0: Lin n;aun.4a -o92J92I|~�921I-on1]� 92.|92JIll-L�Il¢|l92I Lll�b 835151]!-B �92"n�92|L�g W� Ll� U�: GJIULHCL '
although, will, of course, on occasion be sym-pathetic to an Agent who possibly may be drinkingtoo much or may possibly,3for other reasons inthe area the morals might digress to some extent,they absolutely will not countenance corruptionor defection to the criminal element or otherwisecontaminate that splendid reputation of the Bureau.It's a unique situation. It's difficult for someto understand. But, it's a built�in barrier toan extension of this type of activity and, some-thing of which we will have tremendous pride and Ipersonally would not hesitate one second to pursueany allegations such as this, feeling that althoughit may get wide publicity, although it may, to someextent, harm the credibility of the FBI, it mustbe done. And, I assure you, will be done. Unusualperhaps, but nonetheless, it is present and we willpersist with this type of activity. we-don't askour Agents to squeel on one another, we point outthe splendid reputation that is inherent withinour tradition and is one of the finest traditions
OTIS G. PIKE. New York. ChairmanROBERT N. GIAIBIO, ConnecticutJAMES V. STANTON. OhioRONALD V. DELLUMS. CllllnrnllHORGAN F. MURPHY, Il�nollLE8 ABPIN, WisconsinDALE MILFORD. Tell;PHILIP H. HAYES. IlltllllllWILLIAM LEHLIAN, Florida
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ROBERT IICCLORY. IlllnnhDAVID C. TREEN. Luulllll-BlJAM_ES P. JIM! JOHNSON, ColoradoROBERT W. KASTEN, II.,__W'llc0nli.n
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CONTENTS
1 WITNESSES
October 9, 1975: _ _Michael Hershmnn, former chief investigator, Notional Wu-etap
Commission ..... __.. ........... -... ------- .._..--. ------ --»-----< Anthony J. P. Farris, former U.S. attornely, Houston, Te: ...... --..
Anthorg invilglforgieéo�cer, Houston olice Department; accom-pani v ' ip . reene. attorney ....... _-- ------------- -.'-
Martin L. Kaiser, president, Martin L. Kaiser, Inc ..... -._ .... --.-.James Krone Unit Chief, Antitrust and Bankruptcy Unit, Federal
Bureau of investigation _____ -_.--.----.-----.. ...... __- .... -_-November 13, 1975: _ _
Jerry N. Jen.-ion, Depu tyhAdrrii92nis%-rotor, Dguhgfniolicemonttretion; aecomnonie- ..v ..c..n ...-..-ner, ...-..i-., -n..ernc.iene. .r...e.!
1Aigence;A1;1il Smikly Chief, Dornestic Iigclligcnc�l; 1]l_1tr]lni;lP.cting istant ministrntor or nte i nee; o �n era,ggrnesegic Investign.tiOnS Division; ange Donald Miller, Chieins .................................................. --
' vBi'!Il:Ll D. Aer�e, Comnéi�siorriier of Custams; accagipanied :§sG. R-ic erson, eput m ssioncr eor e rcoran, istant
Commissioner, II11¥ES$iE8tiOIlS; And� Alfreg DeAngelu.s, AssistantCommissioner Enforcement Support ......................... -.
Dr. Mark H. Nfoore, Assistant Professor of Public Policy, Kennedy%°ii'i;°2l°§;>§-�.1��'i;'2i�3§';�J;..�.i§¬�i�i§.'i.�.i§Zf.�;§i.§i� '°"�='"'°��=� "'�"~*"=
. s -------------------- --November 18, 1975: .
James B. Adams, Assistant to the Director, FBI, accompanied byW. }f.a;rriiond Wanna}, Assistant I�"_-BI IntelligenceE2 l1.}.�l92.i:5�_i;...:i5_;!;1!.'._rj,Ji"-J:c'..;�::. Chief; _.c'::d Ryan, Spade!
" gen ; ug - e , cl gen ........ ------ ....... -------Arthur Murtngh, retired F1331 Special Agent._----------------.._--.Robert Hardy, former FBI informant ...... ------_---------------Lori Paton, student, University oi Virginia ............ ---.._----_.Peter Camejo, representative of the Socialist Workers Party_____---
I1§at}$l;ftSé§dge-lag]-igrcn, rnemberdof 211% Worker; t1;arty-_--- -o eorge I verrnan, pres: en rprise-s, -__------Marcus G. Ruskin Codirector, the institute for Policy Studies-.----
Decem r , :Louis H. Poliak, dean, School of Low, University of Pennsylvania- ._-. 'i{.LaLam[i>i?, associate; executive director, Americans Ior
�eetive w 'n orcement no ................. --. ........ -...
Miriilgael E. Tignr, Wi:liams,c_¢onnoIly dc galifnno, Wlishirérfon, D.C.;n Junct professor 0 aw, reorgetown n versity w later- - ---
Additional statements submitted for Ithe record hy-Field, Scarle:fFIl%�ISr|2emo of!August 29, 19 2, relating to Bureau's
trss cover o excerpt .............................. _-.Jonson, Jerry N.: Information relating to number of DEA employee!
subject to disciplinary action because of allegations oi corruption.K ' M ti L P d to tuser, or n .: repare s temen ....................... __-Moore, Mark H.: Prepared statement�-.. ................. .-..._.
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Appendixes _Appendii I.-�Stn�� analysis: former FBI personnel Gin in ed. by LT. C T.
no of October 9,1975 .......... --- ....... --.....-_?._!: ............ -- III!
Mr. Jonas-ox. I suppose there is an Amistant. Attorney Generalinvolved ? ' -
Mr. 9292�a.92'x.92t.r.. There is an .-ltssistant .92ttoruey General in charge ofthe Criminal Division. '
Mr. J OIINSON. Is that an appointed oftice! Is that one of those o�iceswhere people serve for a while and then they go out and another personis appointed and he goes out ? It looks to me as though this is probablywhat happened--that theystarted the investigation 30 years ago andnobody ever challenged it or stopped it.
Mr. 9292�.92>tN.92i.i.. It is an a iponited o�iee, but I'm sure the reports arenot personally reviewed by lnm. The ' are probably reviewed y someone under him, who would certainly have some degree of continuity inhis iosition. . '
llir. _Jonxso.92-. lVhat kind of oversight in the Congress do we haveto check these thin ?
Mr. 9292',92xxaLL. lgversight by Congrem? eMr. Jouxsox. Yes. Has anybody in the Conmess ever said, �Why
are you doing_this and why_have you continued for 30 years when youhave not found there is any danger?" - '
Mr. l92'ax:92'.92r,r.. I don�t know whether it would be termed oversightas such, but I think during the entire riod of time the Director ofthe FBI testified in conneetionwith tli!: appropriations of the FBI.
Mr. Jonxsox. �We have had testimony about what that kind oftestimony involved. If that is what it was, it is understandable how itwent onsolon . _
Chairman like Mr. Dellums.Mr. Di-:1.Lt:1is. Before getting into questions, I would like to say
I appieciate your going into statistics with respect to minorities em-!"l�1'ed bf� the FRI. PM in a!'92{92!-epriete '9'-Ins, your e'"!'~l."}""ent ofblacks is -1.2 percent, and in a Yation where 51.2 percent of the popula-tion is women, you have 0.4 percent women agents. ,
Now, with ies iect to your statement about the Fourth International,as 'I understand it, the Socialist Vforkers Party was a�iliated withthe Fourth International back in the late 1930's.Tl1at. was not illegal.As a result of the passage of the Voorhis Act, the $ocialist 92VorkersParty discontinued anyafliliation from that day to the Fourth Inter-national which in my opinion �ies in the face of your justification for30 years of intimidation, liurglarizing, warrantless wiretaps, andother programs you have used to _iustif_9292under the absurd nomenclatureof coniiterintelligence nrograni. �.�.'ith respect to the %ialist �.�.'orl:crsParty speci�cally, as I understand it this morning, you testi�ed that;tllae FBI has not engaged in surreptitious entry or burglary silica
G5. �
In the fall of 1971. the o�ice of the Micliigan Socialist Party wasburglarized, and �le. materials were taken. In April 1973. the CivilService �onunission confronted a former SIYP member with a co _vof a. letter of resignation irom SIYP. The letter had been in tliohnrglarized �le._ My questions are twofold. Has the FBI burglarized SIVP o�icesin general, and speci�cally have you burglarized Michigan o�ices ofthe 3�92'i'Pi ,
[An -a�idavit signed by Norma Jean Lodico attesting to the burglaryreferred to by Mr. Delhuns and to other matters is printed on pages1195-1196 of the appendixes] .
Mr. lVa1~rzmL1.. Congressman Dellums, this morning the late I men-tioned was 1968 as opposed to 1965. I have no knowledge that theF BI has burglarized the Socialist llforkers Party in that or otherinstances you are talking about since then.
Mr. Dnnwns. You say you have no knowledge. Let me put it thisway: I would like to suggest that you check the �les, and if there isany material leading to any {acts that you burglarized the SWP orits Michigan o�icenvould you supply that in writin to this committee!Mr. lVai~:xau.. The �lm have en cllecked, angl assure you there
is nothing in the �les to indicate that in 1971 the o�ice wasburglarized. . c
Mr. Dnnunus. �Thank yon. _9 FBI manual section 122, entitled �Extremist Matters and CivilUnrest,� says in part:
In addition to the three principal statutes outlined above, the following statutewould pertain to iu92'esl'i_:ntlnns oi� Klan eud other white hate groups,
�! Civil Rights Act or iecs T18, tsc, Sec. 241!In summary, this statute makes It unlawful for two or more persona to con-
spire to injure, Opllress. threaten, or intimidate any citizen in the free exerciseor enjoyment of any right or privilege secured to him by the Constitution orlaws oi! the United States. Additionally, It prohibits two or more persons goingin disguise on the higlnray or on the premises of another with intent to preventor hinder his tree exercise or enjoyment ot any rights secured by the Constitu-tion or the laws oi the United States. _
- Doesn�t this in fact. describe the maior part of the FEW: l�I'92l�nlliglI'!9Qactivities against so-called dissent groups in this country?' Mr. 'lVai~r.92'aL1.. The entire matter relating to the so-called Cointelprohas been reviewed and is under consideration in the Civil Rights Divi-sion of the -Department of Justice. �Te tool: our entire �le on theCointelpro and made it available to the Assistant Attorney Generaland two of his deputies to review the matter. While it was not possiblefor him to look at every serial, he did look at most of the serials, andin fact Mr. Ryan, who is at the table with me, tried to direct his atten-tion io speci�c items that might be troublesomen
Following the review, he said based on his review there was no indi-cation of a violation of the statute. He did say that if any informationis called to his attention in the future, he certainly would considerit.
1'-Ir. Dsnnnars. You indicated in testimony this morning that youno longer have a security index �le. You have an ADEX �le. Docs theFBI still maintain at some location cards which have names of 13,000poisons who were on this security index? '
My point is: You say you don�t have it, but don�t you in fact stillhave those names, and you can call them forward at any time!
Mr. 9292-'.-92>r.92-,u.n. We have cards on 13,000. I will accept that �gure. Ithink it is probably in that neighborhood. �When the security indexwas discontinued by legislation of this Congrem in September of 1971,we had a program of regularly dstroying cards. They were main-tained for a certs in {i *l"lO l of time and then destroyed. I{ou'e92'cr, Sena-tor Mans�eld issuer instructions in January of this year that no rec-ords should be destroyed mling the outcome of the investigations bthe Senate committee. lll l.�cllll.92'0 made no destruction of any recongsince that time.
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Chairman Pm
M1�. Milford.hit. L�uronn. '1
' First, I wouldwith the chairm...to her written stawhen FBI Direclject of an invest:
Mr. Was1~r.92Lt-
pick -up �LaPradL Ir. LaPra.dc. I-Ieof our Newark oi
Mr. Minroan. I
-eral witnesses ha _some very disturb;cations and allege�
Under our s}_'stjuries or even inof rebuttal by thebeen accused of s
There are actual];One is the oilici
half of the Honsthat in e�cct is a
papers. _lvith little don
will detail iile scipoured before this
Unlike our le,r_m_through painstal;-.are known and P�
They are lcgull;as long as someon_�ts a 1-minute Tl 1ii the notes are Fr
�fllile the FBInight�s news or =19extremely ill921_'>0l'_t=land detailed info!that have been mal
You have rcbuu
ize that �you may 1gation t at l1as_lI'I_mittee to �nish il_~.= 'or other FRI Olly"
Therefore. I WI"
monts of each and�case where the F111.-nl act or wliene :1
I would ask you 1information :
�! All evidenteither substnniinlv 1
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Mr. Milford. pMr. Mnmono. Thank you, Mr. Chairman. 'First, I would like to clear up for the record the colloquy you had
with the chairman concerning this Lori Paton statement. Accordinegto -her written statement the appropriate words were: �I was shockwhen FBI Director LaPrade wrote back denying I had been the sub-ject of an investigation.� Now the record is clear on it. _
Mr. ll".=92:-'x.92L1.. Thank you. I picked up �FBI Director.� did notpick up �LaPrnde.� In that instance, I have read the letter signed by- Ir. Lal�rade. He was not the Director. He was special agent in chargeof our Newark o�ice. " * -
Mr. Mlnronn. Mr. Wannall, on the surface it would seem that sev--eral witnesses have appeared before this committee and have givensome very disturbing testimony against the FBI. Some of these accu-sations and allegations are very serious.
Under our system of justice, whether in our courts "or before ourjuries or even in congressional investigations, there exists the ri�htof rebuttal by the accused or maligned. lliithout a doubt the FBI as�been accused of some serious aberrations and violations of our laws.
There are act-nallty two hearings going on here today._ Que _is_the_oillcial hearing being jcondllcted by this committee on _be-half of tho House of Itepresentatires. The other is a public hearingthat in e�ect is a form of trial by television and notoriety by news-Pa'P9l'5- '
lVith little doubt tonighifs television and tornon-ow�s newspaperswill detail the sensational statements made by the witnesses that ap-peared beforethis committee today. .
Unnse our legal system ct ]nst1cc,.the press 18 not required to plodthrough painstaking investigations _to assure that all legitimate factsare known and presented to the jury or to the public. -. They are legally free to print or broadcast any item of informationas long as Someone will simply say it-particularly if it convenientl_vfits a 1-minute TV blurb or 300-word newspaper item, and particularlyif the �notes are sensational, controversial or scandalous. -
'lVh.i e the FBI is probably going to �unk out as a. TV star in.to-night�s news or as a celebrity in tomon-o9292"s newspaper, I think it isextremely important for this committee�s �record to have the completeand detailed infornnition concerning the allegations and accusationsthat. have been made by witnesses before us today.
You have rebuttcd portions of that testimony, Mr. Wannall. I real-ize that gen may not be able to fnllv comment on each and every alle-gation t at has been made today. The time remaining for this com-mit-tce to �nish its invest-igation will probably not allow us to call youer other FBI o�icinls back before the committee in formal hearings.
Therefore. I will ask you, as an official of the FBI, to take the state-