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INTELLIGENCE ACTIVITIES AND THE
RIGHTS OF AMERICANS
_______
BOOK II
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FINAL REPORT
OF THE
SELECT COMMITTEE
TO STUDY GOVERNMENTAL OPERATIONS
WITH RESPECT TO
INTELLIGENCE ACTIVITIES
UNITED STATES SENATE
TOGETHER WITH
ADDITIONAL, SUPPLEMENTAL, AND SEPARATE
VIEWS
APRIL 26 (legislative day, April 14), 1976
E. POLITICAL ABUSE OF INTELLIGENCE INFORMATION
MAJOR FINDING
The Committee finds that information has been collected
and disseminated in order to serve the purely political
interests of an intelligence agency or the administration,
and to influence social policy and political action.
Subfindings
(a) White House officials have requested and obtained
politically useful information from the FBI, including
information on the activities of political opponents or
critics.
(b) In some cases, political or personal information
was not specifically requested, but was nevertheless collected
and disseminated to administration officials as part of
investigations they had requested. Neither the FBI nor
the recipients differentiated in these cases between national
security or law enforcement information and purely political
intelligence.
(c) The FBI has also volunteered information to Presidents
and their staffs, without having been asked for it, sometimes
apparently to curry favor with the current administration.
Similarly, the FBI has assembled intelligence on its critics
and on political figures it believed might influence public
attitudes or Congressional support.
(d) The FBI has also used intelligence as a vehicle for
covert efforts to influence social policy and political
action.
Elaboration of Findings
The FBI's ability to gather information without effective
restraints gave it enormous power. That power was inevitably
attractive to politicians, who could use information on
opponents and critics for their own advantage, and was
also an asset to the Bureau, which depended on politicians
for support. In the political arena, as in other facets
of American life touched by the intelligence community,
the existence of unchecked power led to its abuse.
By providing politically useful information to the White
House and congressional supporters, sometimes on demand
and sometimes gratuitously, the Bureau buttressed its
own position in the political structure. At the same time,
the widespread -- and accurate -- belief in Congress and
the administration that the Bureau had available to it,
derogatory information on politicians and critics created
what the late Majority Leader of the House of Representatives,
Hale Boggs, called a "fear" of the Bureau:
Freedom of speech, freedom of thought, freedom of action
for men in public life can be compromised quite as effectively
by the fear of surveillance as by the fact of surveillance.
1
Information gathered and disseminated to the White House
ranged from purely political intelligence, such as lobbying
efforts on bills ail administration opposed and the strategy
of a delegate challenge at a national political convention,
to "tidbits" about the activities of politicians
and public figures which the Bureau believed "of
interest" to the recipients.
Such participation in political machinations by an intelligence
agency is totally improper. Responsibility for what amounted
to a betrayal of the public trust in the integrity of
the FBI must be shared between the officials who requested
such information and those who provided it.
The Bureau's collection and dissemination of politically
useful information was not colored by partisan considerations;
rather its effect was to entrench the Bureau's own position
in the political structure, regardless of which party
was in power at the time. However, the Bureau also used
its powers to serve ideoIogical purposes, attempting covertly
to influence social policy and and political action.
In its efforts to "protect society," the FBI
engaged in activities which necessarily affected the processes
by which American citizens make decisions. In doing so,
it distorted and exaggerated facts, made use of the mass
media, and attacked the leadership of groups which it
considered threats to the social order.
Law enforcement officers are, of course, entitled to
state their opinions about what choices the people should
make on contemporary social and political issues. The
First Amendment guarantees their right to enter the marketplace
of ideas and persuade their fellow citizens of the correctness
of those opinions by making speeches, writing books, and,
within certain statutory limits, supporting political
candidates. The problem lies not in the open expression
of views, but in the covert use of power or position of
trust to influence others. This abuse is aggravated by
the agency's control over information on which the public
and its elected representatives rely to make decisions.
The essence of democracy is the belief that the people
must be free to make decisions about matters of public
policy. The FBI's actions interfered with the democratic
process, because attitudes within the Bureau toward social
change led to the belief that such intervention formed
a part of its obligation to protect society. When a governmental
agency clandestinely tries to impose its views of what
is right upon the American people, then the democratic
process is undermined.
Subfinding (a)
White House officials have requested and obtained politically
useful information from the FBI, including personal life
information on the activities of political opponents or
critics.
Presidents and White House aides have asked the FBI to
provide political or personal information on opponents
and critics, including "name checks" of Bureau
files. 2 They have also asked the Bureau to conduct electronic
surveillance or more limited investigations of such persons.
The FBI appears to have complied unquestioningly with
these requests, despite occasional internal doubts about
their propriety. 3
Precedents for certain political abuses go back to the
very outset of the domestic intelligence program. In 1940
the FBI complied with President Roosevelt's request to
file the names of people sending critical telegrams to
the White House. 4 There is evidence of improper electronic
surveillance for the White House in the 1940s. 5 And an
aide to President Eisenhower asked the FBI to conduct
a questionable name check. 6 In 1962, the FBI complied
unquestioningly with a request from Attorney General Kennedy
to interview a steel executive and several reporters who
had written stories about a statement by the executive.
7 As part of an investigation of foreign lobbying efforts
on sugar quota legislation in 1961 and 1962, Attorney
General Kennedy requested wiretaps on a Congressional
aide, three executive officials, and two American lobbyists,
including a Washington law firm. 8
Nevertheless, the political misuse of the FBI under the
Johnson and Nixon administrations appears to have been
more extensive than in previous years.
Under the Johnson administration, the FBI was used to
gather and report political intelligence on the, administration's
partisan opponents in the last days of the 1964 and 1968
Presidential election campaigns. In the closing days of
the 1964 campaign, Presidential aide Bill Moyers asked
the Bureau to conduct "name checks" on all persons
employed in Senator Goldwater's Senate office, and information
on two staff members was reported to the White House.
9 Similarly, in the last two weeks of the 1968 campaign,
the Johnson White House requested an investigation (including
indirect electronic surveillance and direct physical surveillance)
of Mrs. Anna Chennault, a prominent Republican leader,
and her relationships with certain South Vietnamese officials.
10 This investigation also included an FBI check of Vice
Presidential candidate Spiro Agnew's long distance telephone
call records, apparently at the personal request of President
Johnson. 11
Another investigation for the Johnson White House involved
executive branch officials who took part in the criminal
investigation of former Johnson Senate aide Bobby Baker.
When Baker's trial began in 1967, it was revealed that
one of the government witnesses had been "wired"
to record his conversations with Baker. Presidential aide
Marvin Watson told the FBI that Johnson was quite "exercised,"
and the Bureau was ordered to conduct a discreet "run
down" on the former head of the Justice Department's
Criminal Division and four Treasury Department officials
who had been responsible for "wiring" the witness.
The Bureau was specifically insisted to include any associations
between those persons and Robert Kennedy. 12
Several Johnson White House requests were directed at
critics of the war in Vietnam, at newsmen, and at other
opponents. According a Bureau memorandum, White House
aide Marvin Watson attempted to disguise his, and the
President's interest in such requests asking the FBI to
channel its replies through a lower level White House
staff member. 13
In 1966, Watson asked the FBI to monitor the televised
hearings of the Senate Foreign Relations Committee on
Vietnam policy and prepare a memorandum comparing statements
of the President's Senate critics with "the Communist
Party line." 14 Similarly, in 1967 when seven Senators
made statements criticizing the bombing of North Vietnam,
Watson requested (and the Bureau delivered) a "blind
memorandum" setting forth information from FBI files
on each of the Senators. Among the data supplied were
the following items:
Senator Clark was quoted in the press as stating that
the three major threats to America are the military-industrial
complex, the Federal Bureau of Investigation, and the
Central Intelligence Agency.
Senator McGovern spoke at a rally sponsored by the Chicago,
Committee for a Sane Nuclear Policy, a pacifist group.
Senator McGovern stated that the "United States was
making too much of the communist take-over of Cuba."
[Another Senator now deceased] has, on many occasions,
publicly criticized United States policy toward Vietnam.
He frequently speaks before groups throughout the United
States on this subject. He has been reported as intentionally
entering into controversial areas so that his services
as a speaker for which he receives a fee, will be in demand.
15
The Johnson administration also requested information
on contacts between members of Congress and certain foreign
officials known to oppose the United States presence in
Vietnam. According to FBI records, President Johnson believed
these foreign officials had generated "much of the
protest concerning his Vietnam policy, particularly the
hearings in the Senate." 16
White House requests were not limited to critical Congressmen.
Ordinary citizens who sent telegrams protesting the Vietnam
war to the White House were also the subject of Watson
requests for FBI name check reports. 17 Presidential aide
Jake Jacobsen asked for name checks on persons whose names
appeared in the Congressional Record as signers of a letter
to Senator Wayne Morse expressing support for his criticism
of U.S. Vietnam policy. 18 On at least one occasion, a
request was channeled through Attorney General Ramsey
Clark, who supplied Watson (at the latter's request) with
a summary of information on the National Committee for
a Sane Nuclear Policy. 19
Other individuals who were the subject of such name check
requests under the Johnson Administration included NBC
Commentator David Brinkley, 20 Associated Press reporter
Peter Arnett, 21 columnist Joseph Kraft, 22 Life magazine
Washington bureau chief Richard Stolley, 23 Chicago Daily
News Washington bureau chief Peter Lisagor, 24 and Ben
W. Gilbert of the Washington Post. 25 The Johnson White
House also requested (and received) name check reports
on the authors of books critical of the Warren Commission
report; some of these reports included derogatory information
about the personal lives of the individuals. 26
The Nixon administration continued the practice of using
the FBI to produce political information. In 1969 John
Ehrlichman, counsel to President Nixon, asked the FBI
to conduct a "name check" on Joseph Duffy, chairman
of Americans for Democratic Action. Data in Bureau files
covered Duffy's "handling arrangements" for
an antiwar teach-in in 1965, his position as State Coordinator
of the group "Negotiation Now" in 1967, and
his activity as chairman of Connecticut Citizens for McCarthy
in 1968. 26a
Presidential aide H. R. Haldeman requested a name check
on CBS reporter Daniel Schorr. In this instance, the FBI
mistakenly considered the request to be for a full background
investigation and began to conduct interviews. These interviews
made the inquiry public. Subsequently, White House officials
stated (falsely) that Schorr was under consideration for
an executive appointment. 27 In another case, a Bureau
memorandum states that Vice President Agnew asked the
FBI for information about Rev. Ralph David Abernathy,
then head of the Southern Christian Leadership Conference,
for use in "destroying Abernathy's credibility."
28 (Agnew has denied that he made such a request, but
agrees that he received the information.) 29
Several White House requests involved the initiation
of electronic surveillance. Apparently on the instructions
of President Nixon's aide John Ehrlichman and Director
Hoover, FBI Assistant Director William C. Sullivan arranged
for the microphone surveillance of the hotel, room of
columnist Joseph Kraft while be was visiting a foreign
country. 30 Kraft was also the target of physical surveillance
by the FBI. 31 There is no record of any specific "national
security" rationale for the surveillance.
Similarly, although the "17" wiretaps were
authorized ostensibly to investigate national security
"leaks," there is no record in three of the
cases of any national security claim having been advanced
in their support. Two of the targets were domestic affairs
advisers at the White House, with no foreign affairs duties
and no access to foreign policy materials. 32 A third
was a White House speechwriter who had been overheard
on an existing tap agreeing to provide a reporter with
background on a presidential speech concerning, not foreign
policy, but revenue sharing and welfare reform. 33
Subfinding (b)
In some cases, political or personal information was
not specifically requested, but was nevertheless collected
and disseminated to administration officials as part of
investigations they had requested. Neither the FBI nor
the recipients differentiated in these cases between national
security or law enforcement information and purely political
intelligence.
In some instances, the initial request for or dissemination
of information was premised upon law enforcement or national
security purposes. However, pursuant to such a request,
information was furnished which obviously could serve
only partisan or personal interests. As one Bureau official
summarized its attitude, the FBI "did not decide
what was political or what represented potential strife
and violence. We are an investigative agency and we passed
on all data." 34
Examples from the Eisenhower, Kennedy, Johnson, and Nixon
administrations illustrate this failure to distinguish
between political and nonpolitical intelligence. They
include, the FBI's reports to the White House in 1956
on NAACP lobbying activities, the intelligence about the
legislative process produced by the "sugar lobby"
wiretaps in 1961-1962, the purely political data disseminated
to the White House on the credentials challenge in the
1964 Democratic Convention, and dissemination of both
political and personal information from the "leak"
wiretaps in 1969-1972.
(i) The NAACP
In early 1956 Director Hoover sent the White House a
memorandum describing the "potential for violence"
in the current "racial situation". 35 Later
reports to the White House, however, went far beyond intelligence
about possible violence; they included extensive inside
information about NAACP lobbying efforts, such as the
following:
A report on "meetings held in Chicago" in connection
with a planned Leadership Conference on Civil Rights to
be held in Washington under the sponsorship of the NAACP.
36
An extensive report on the Leadership Conference, based
on the Bureau's "reliable sources" and describing
plans of Conference delegations to visit Senators Paul
Douglas, Herbert Lehman, Wayne Morse, Hubert Humphrey,
and John Bricker. The report also summarized a speech
by Roy Wilkins, other conference proceedings, and the
report of "an informant" that the United Auto
Workers was a "predominant organization" at
the conference. 37
Another report on the conference included an account
of what transpired at meetings between conference delegations
and Senators Paul Douglas and Everett Dirksen. 38
A report including the information that two New Jersey
congressmen would sign a petition to the Attorney General.
39
A presidential aide suggested that Hoover brief the Cabinet
on "developments in the South." 40 Director
Hoover's Cabinet briefing also included political intelligence.
He covered not only the NAACP conference, but also the
speeches and political activities of Southern Senators
and Governors and the formation of the Federation for
Constitutional Government with Southern Congressmen and
Governors on its advisory board. 41
(ii) The Sugar Lobby
The electronic surveillance of persons involved in a
foreign country's lobbying activities on sugar quota legislation
in 1961-1962, authorized by Attorney General Robert Kennedy
for the White House, also produced substantial political
intelligence unrelated to the activities of foreign officiaIs.
42 Such information came from wiretaps both on foreign
officials and on American citizens, as well as from the
microphone surveillance of the chairman of the House Agriculture
Committee when he met with foreign officials in a New
York hotel room. 43 The following are examples of the
purely political (and personal) by-product:
A particular lobbyist "mentioned he is working on
the Senate and has the Republicans all lined up."
44
The same lobbyist said that "he had seen two additional
representatives on the House Agriculture Committee, one
of whom was 'dead set against us' and who may reconsider,
and the other was neutral and 'may vote for us.' "
45
The Agriculture Committee chairman believed "he
had accomplished nothing" and that "he had been
fighting over the Rules Committee and this had interfered
with his attempt to organize." 46
The "friend" of a foreign official "was
under strong pressure from the present administration,
and since the 'friend' is a Democrat, it would be very
difficult for him to present a strong front to a Democratic
Administration." 17
A lobbyist stated that Secretary of State Rusk "had
received a friendly reception by the Committee and there
appeared to be no problem with regard to the sugar bill."
48
A foreign official was reported to be in contact with
two Congressmen's secretaries "for reasons other
than business." The official asked one of the secretaries
to tell the other that he "would not be able to call
her that evening" and that one of his associates
"was planning to take [the two secretaries and another
Congressional aide] to Bermuda." 49
The FBI's own evaluation of these wiretaps indicates
that they "undoubtedly ... contributed heavily to
the Administration's success" in passing the legislation
it desired. 50
(iii) The 1964 Democratic Convention
Political reports were disseminated by the FBI to the
White House from the 1964 Democratic convention in Atlantic
City. These reports, from the FBI's "special squad"
at the convention, apparently resulted from a civil disorders
intelligence investigation which got out of hand because
no one was willing to shut off the partisan by-product.
51 They centered on the Mississippi Freedom Democratic
Party's credentials challenge. Examples of the political
intelligence which flowed from FBI surveillance at the
1964 convention include the following: 52
Dr. Martin Luther King and an associate "were drafting
a telegram to President Johnson . . . to register a mild
protest. According to King, the President pledged complete
neutrality regarding the selecting of the proper Mississippi
delegation to be seated at the convention. King feels
that the Credentials Committee will turn down the Mississippi
Freedom Party and that they are doing this because the
President exerted pressure on the committee along this
line." 53
Another associate of Dr. King contacted a member of the
MFDP who "said she thought King should see Governor
Endicott Peabody of Massachusetts, Mayor Robert Wagner
of New York City, Governor Edmund G. (Pat) Brown of California,
Mayor Richard Daley of Chicago, and Governor John W. King
of New Hampshire." The purpose was "to urge
them to call the White House directly and put pressure
on the White House in behalf of the MFDP." 54
"MFDP leaders have asked Reverend King to call Governor
Egan of Alaska and Governor Burns of Hawaii in an attempt
to enlist their support. According to the MFDP spokesman,
the Negro Mississippi Party needs these two states plus
California and New York for the roll call tonight."
55
An SCLC staff member told a representative of the MFDP:
"Off the record, of course, you know we will accept
the Green compromise proposed." This referred to
"the proposal of Congresswoman Edith Green of Oregon."
56
In a discussion between Dr. King and another civil rights
leader, the question of "a Vice- Presidential nominee
came up and King asked what [the other leader] thought
of Hugh [sic] Humphrey, and [the other leader] said Hugh
Humphrey is not going to get it, that Johnson needs a
Catholic ... and therefore the Vice-President will be
Muskie of Maine." 57
An unsigned White House memorandum disclosing Dr. King's
strategy in connection with a meeting to be, attended
by President Johnson suggests that there was political
use of these FBI reports. 58
(iv) The "17" Wiretaps.
The Nixon White House learned a substantial amount of
purely political intelligence from wiretaps to investigate
"leaks" of classified information placed on
three newsmen and fourteen executive officials during
1969-1971. 59 The following illustrate the range of data
supplied:
One of the targets "recently stated that he was
to spend an hour with Senator Kennedy's Vietnam man, as
Senator Kennedy is giving a speech on the 15th."
60
Another target said that Senator Fulbright postponed
congressional hearings on Vietnam because he did not believe
they would be popular at that time. 61
A well-known television news correspondent "was
very distressed over having been 'singled out' by the
Vice President." 62
A friend of one of the targets said the Washington Star
planned to do an article critical of Henry Kissinger.
63
One of the targets helped former Ambassador Sargent Shriver
write a press release criticizing a recent speech by President
Nixon in which the President "attacked" certain
Congressmen. 64
One of the targets told a friend it "is clear the
Administration will win on the ABM by a two-vote margin.
He said 'They've got [a Senator] and they've got [another
Senator].'." 65
A friend of one of the targets wanted to see if a Senator
would "buy a new amendment" and stated that
"they" were "going to meet with" another
Senator. 66
A friend of one of the targets described a Senator as
"marginal" on the Cooper-Church Amendment and
stated that another Senator might be persuaded to support
it. 67
One of the targets said Senator Mondale was in a "dilemma"
over the "trade bill." 68
A friend of one of the targets said he had spoken to
former President Johnson and "Johnson would not back
Senator Muskie for the Presidency as he intended to stay
out of politics." 69
There is at least one clear example of the political
use of such information. After the FBI Director informed
the White House that former Secretary of Defense Clark
Clifford planned to write a magazine article criticizing
President Nixon's Vietnam policy, 70 White House aide
Jeb Stuart Magruder advised John Ehrlichman and H. R.
Haldeman that "we are in a position to counteract
this article in any number of ways." 71 It is also
significant that, after May 1970, the FBI Director's letters
summarizing the results of the wiretaps were no longer
sent to Henry Kissinger, the President's national security
advisor, but to the President's political advisor, H.
R. Haldeman. 72
These four illustrations from administrations of both
political parties indicate clearly that direct channels
of communication between top FBI officials and the White
House, combined with the failure to screen out extraneous
information, and coupled with overly broad investigations
in the first instance, have been sources of flagrant political
abuse of the intelligence process. 73
Subfinding (c)
The FBI has also volunteered information to Presidents
and their staffs, without having been asked for it, sometimes
apparently to curry favor with the current administration.
Similarly, the FBI has assembled information on its critics
and on political figures it believed might influence public
attitudes or Congressional support.
There have been numerous instances over the past three
decades where the FBI volunteered to its superiors purely
political or personal information believed by the FBI
Director to be "of interest" to them. 74
The following are examples of the information in Director
Hoover's letters under the Truman, Eisenhower, Kennedy,
and Johnson administrations. 75
To Major General Harry Vaughn, Military Aide to President
Truman, a report on the activities of a former Roosevelt
aide who was trying to influence the Truman administration's
appointments. 76
To Matthew J. Connelly, Secretary to President Truman,
a report from a "very confidential source" about
a meeting of newspaper representatives in Chicago to plan
publication of stories exposing organized crime and corrupt
politicians. 77
To Dillon Anderson, Special Assistant to President Eisenhower,
the advance text of a speech to be delivered by a prominent
labor leader. 78
To Robert Cutler, Special Assistant to President Eisenhower,
a report of a "confidential source" on plans
of Mrs. Eleanor Roosevelt to hold a reception for the
head of a civil rights group. 19
To Attorney General Robert Kennedy, information from
a Bureau "source" regarding plans of a group
to publish allegations about the President's personal
life. 80
To Attorney General Kennedy, a summary of material in
FBI files on a prominent entertainer which the FBI Director
thought "may be of interest". 81
To Marvin Watson, Special Assistant to President Johnson,
a summary of data in Bureau files on the author of a play
satirizing the President. 82
As these illustrations indicate, the FBI Director provided
such data to administrations of both political parties
without apparent partisan favoritism. 83
Additionally, during the Nixon Administration, the FBI's
INLET (Intelligence Letter) Program for sending regular
short summaries of FBI intelligence to the White House
was used on one occasion to provide information on the
purely personal relationship between an entertainer and
the subject of an FBI domestic intelligence investigation.
84 SACs were instructed under the INLET program to submit
to Bureau headquarters items with an "unusual twist"
or regarding "prominent" persons.
One reason for the Bureau's volunteering information
to the White House was to please the Administration and
thus presumably to build high-level political support
for the FBI. Thus, a 1975 Bureau report on the Atlantic
City episode states:
One [agent said], "I would like to state that at
no time did I ever consider (it) to be a political operation
but it was obvious that DeLoach wanted to impress Jenkins
and Moyers with the Bureau's ability to develop information
which would be of interest to them." Furthermore,
in response to a question as to whether the Bureau's services
were being utilized for political reasons, [another] answered,
"No. I do recall, however, that on one occasion I
was present when DeLoach held a lengthy telephone conversation
with Walter Jenkins. They appeared to be discussing the
President's 'image.' At the end of the conversation DeLoach
told us something to the effect, 'that may have sounded
a little political to you but this doesn't do the Bureau
any harm.'" 86
In addition to providing information useful to superiors,
the Bureau assembled information on its own critics and
on political figures it believed might influence public
attitudes or congressional support. FBI Director Hoover
had massive amounts of information at his fingertips.
As indicated above, he could have the Bureau's files checked
on anyone of interest to him. He personally received political
information and "personal tidbits" from the
special agents in charge of FBI field offices. 87 This
information, both from the files and Hoover's personal
sources, was available to discredit critics.
The following are examples of how the Bureau disseminated
information to discredit its opponents:
In 1949 the FBI provided Attorney General J. Howard McGrath
and Presidential aide Harry Vaughn inside information
on plans of the Lawyers Guild to denounce Bureau surveillance
so they would have an opportunity to prepare a rebuttal
well in advance of the expected criticism. 88
In 1960, when the Knoxville Area Human Relations Council
in Tennessee charged that the FBI was practicing racial
discrimination, the Bureau conducted name checks on members
of the Council's board of directors and sent the results
to Attorney General William Rogers, including derogatory
personal allegations and political affiliations from as
far back as the late thirties and early forties. 89
When a reporter wrote stories critical of the Bureau,
he was not only refused any further interviews, but an
FBI official in charge of press relations also spread
derogatory personal information about him to other newsmen.
90
The Bureau also maintained a "not to contact list'
of "those individuals known to be hostile to the
Bureau." Director Hoover specifically ordered that
"each name" on the list "should be the
subject of memo." 91
This request for "a memo" on each critic meant
that, before someone was placed on the list, the Director
received, in effect, a "name check" report summarizing
"what we had in our files" on the individual.
92
In addition to assembling information on critics, name
checks were run as a matter of regular Bureau policy on
all "newly elected Governors and Congressmen."
The Crime Records Division instructed the field offices
to submit "summary memoranda" on such officials,
covering both "public source information" and
"any other information that they had in their files."
93 These "summary memoranda" were provided to
Director Hoover and maintained in the Crime Records Division
for use in "congressional liason" -- which the
Division head said included "selling" hostile
Congressmen on "liking the FBI." 94
It has been widely believed among Members of Congress
that the Bureau had information on each of them. 95 The
impact of that belief led Congressman Boggs to state:
Our apathy in this Congress, our silence in this House,
our very fear of speaking out in other forums has watered
the roots and hastened the growth of a vine of tyranny
which is ensnaring that Constitution and Bill of Rights
which we are each sworn to uphold.
Our society can survive many challenges and many threats.
It cannot survive a planned and programmed fear of its
own government bureaus and agencies. 96
Subfinding (d)
The FBI has also used intelligence as a vehicle for covert
efforts to influence social policy and political action.
The FBI's interference with the democratic process was
not the result of any overt decision to reshape society
in conformance with Bureau-approved norms. Rather, the
Bureau's actions were the natural consequence of attitudes
within the Bureau toward social change, combined with
a strong sense of duty to protect society -- even from
its own "wrong" choices.
The FBI saw itself as the guardian of the public order,
and believed that it had a responsibility to counter threats
to that order, using any means available. 97 At the same
time, the Bureau's assessment of what constituted a "threat"
was influenced by its attitude toward the forces of change.
In effect, the Bureau chose sides in the major social
movements of the last fifteen years, and then attacked
the other side with the unchecked power at its disposal.
The clearest proof of the Bureau's attitude toward change
is its own rhetoric. The language used in internal documents
which were not intended to be disseminated outside the
Bureau is that of the highly charged polemic revealing
clear biases.
For example, in one of its annual internal reports on
COINTELPRO, the Bureau took pride in having given "the
lie" to what it called "the Communist canard"
that "the Negro is downtrodden and has no opportunities
in America." This was accomplished by placing a story
in a newspaper in which a "wealthy Negro industrialist"
stated that "the Negro will have to earn respectability
and a responsible position in the community before he
is accepted as an equal." It is significant that
this view was expressed at about the same time as the
civil rights movement's March on Washington, which was
intended to focus public attention on the denial of opportunities
to black Americans, and which rejected the view that inalienable
rights have to be "earned." 98
The rhetoric used in dealing with the Vietnam War and
those in opposition to it is even more revealing. The
war in Vietnam produced sharply divided opinions in the
country; again, the Bureau knew which side it was on.
For instance, fifty copies of an article entitled "Rabbi
in Vietnam Says Withdrawal Not The Answer" were anonymously
mailed by the FBI to members of the Vietnam Day Committee
to "convince" the recipients "of the correctness
of the U.S. foreign policy in Vietnam." 99
The Bureau also ordered copies of a film called "While
Brave Men Die" which depicted "communists, left-wing
and pacifist activities associated with the so-called
'peace movement' or student agitational demonstrations
in opposition to the United States position in Vietnam."
The film was to be used for training Bureau personnel
in connection with "increased responsibilities relating
to communist inspired student agitational activities."
100
In the same vein, a directive to the Chicago field office
shortly after the 1968 Democratic Convention instructed
it to "obtain all possible evidence" that would
"disprove" charges that the Chicago police used
undue force in dealing with antiwar demonstrations at
the Convention:
Once again, the liberal press and the bleeding hearts
and the forces on the left are taking advantage of the
situation in Chicago surrounding the Democratic National
Convention to attack the police and organized law enforcement
agencies.... We should be mindful of this situation and
develop all possible evidence to expose this activity
and to refute these false allegations. 101
The Bureau also attempted to enforce its view of sexual
morality. For example, two students became COINTELPRO
targets when they defended the use of a four-letter word,
even though the demonstration in which they participated
"does not appear to be inspired by the New Left,"
because it "shows obvious disregard for decency and
established morality." 102 An anonymous letter purportedly
from an irate parent and an article entitled "Free
Love Comes to Austin" were mailed to a state senator
and the chairman of the University of Texas Board of Regents
to aid in "forcing the University to take action
against those administrators who are permitting an atmosphere
to build up on campus that will be a fertile field for
the New Left." 103 And a field office was outraged
at the distribution on campus of a newspaper called SCREW,
which was described as "containing a type of filth
that could only originate in a depraved mind. It is representative
of the type of mentality that is following the New Left
theory of immorality on certain college campuses."
104
As these examples demonstrate, the FBI believed it had
a duty to maintain the existing social and political order.
Whether or not one agrees with the Bureau's views, it
is profoundly disturbing that an agency of the government
secretly attempted to impose its views on the American
people.
(i) Use of the Media
The FBI attempted to influence public opinion by supplying
information or articles to "confidential sources"
in the news media. The FBI's Crime Records Division 105
was responsible for covert liaison with the media to advance
two main domestic intelligence objectives: 106
(1) providing derogatory information to the media intended
to generally discredit the activities or ideas of targeted
groups or individuals; and (2) disseminating unfavorable
articles, news releases, and background information in
order to disrupt particular activities.
Typically, a local FBI agent would provide information
to a "friendly news source" on the condition
"that the Bureau's interest in these matters is to
be kept in the strictest confidence." 107 Thomas
E. Bishop, former Director of the Crime Records Division,
testified that he kept a list of the Bureau's "press
friends" in his desk. 108 Bishop and one of his predecessors
indicated that the FBI sometimes refused to cooperate
with reporters critical of the Bureau or its Director.
109
Bishop stated that as a "general rule," the
Bureau disseminated only "public record information"
to its media contacts, but this category was viewed by
the Bureau to include any information which could conceivably
be obtained by close scrutiny of even the most obscure
publications. 110
Within these parameters, background information supplied
to reporters "in most cases [could] include everything"
in the Bureau files on a targeted individual; the selection
of information for publication would be left to the reporter's
judgment. 111
There are numerous examples of authorization for the
preparation and dissemination of unfavorable information
to discredit generally the activities and ideas of a target;
112
-- FBI headquarters solicited information from field
offices "on a continuing basis" for "prompt
... dissemination to the news media ... to discredit the
New Left movement and its adherents." Headquarters
requested, among other things, that:
specific data should be furnished depicting the scurrilous
and depraved nature of many of the characters, activities,
habits and living conditions representative of New Left
adherents.
Field Offices were to be exhorted that "Every avenue
of possible embarrassment must be vigorously and enthusiastically
explored." 113
-FBI headquarters authorized a Field Office to furnish
a media contact with "background information and
any arrest record" on a man affiliated with "a
radical New Left element" who had been "active
in showing films on the Black Panthers and police in action
at various universities during student rioting."
The media contact had requested material from the Bureau
which "would have a detrimental effect on [the target's]
activities." 114
-- Photographs depicting a radical group's apartment
as "a shambles with lewd, obscene and revolutionary
slogans displayed on the walls" were furnished to
a free-lance writer. The directive from headquarters said:
"As this publicity will be derogatory in nature and
might serve to neutralize the group, it is being approved."
115
-- The Boston Field Office was authorized to furnish
"derogatory information about the Nation of Islam
(NOI) to established source [name excised]":
Your suggestions concerning material to furnish [name]
are good. Emphasize to him that the NOI predilection for
violence, preaching of race hatred, and hypocrisy, should
be exposed. Material furnished [name] should be either
public source or known to enough people as to protect
your sources. Insure the Bureau's interest in this matter
is completely protected by [name]. 116
One Bureau-inspired documentary on the NOI reached an
audience of 200,000. 117 Although the public was to be
convinced that the NOI was "violent", the Bureau
knew this was not in fact true of the organization as
a whole. 118
-- The Section which supervised the. COINTELPRO against
the Communist Party intended to discredit a couple "identified
with the Community Party movement" by preparing a
news release on the drug arrest of their son, which was
to be furnished to "news media contacts and sources
on Capitol Hill." A Bureau official observed that
the son's "arrest and the Party connections of himself
and his parents presents an excellent opportunity for
exploitation.'' The news release noted that "the
Russian-born mother is currently under a deportation order"
and had a former marriage to the son of a prominent Communist
Party member. The release added: "the Red Chinese
have long used narcotics to help weaken the youth of target
countries." 119
-- When the wife of a Communist Party leader purchased
a new car, the FBI prepared a news item for distribution
to "a cooperative news media source" mocking
the leader's "prosperity" "as a disruptive
tactic." The item commented sarcastically that "comrades
of the self-proclaimed leader of the American working
class should not allow this example of [the leader's]
prosperity to discourage their continued contributions
to Party coffers." 120
-- After a public meeting in New York City, where "the
handling of the [JFK assassination] investigation was
criticized," the FBI prepared a news item for placement
"with a cooperative news media source" to discredit
the meeting on the grounds that "a reliable [FBI]
source" had reported a "convicted perjurer and
identified espionage agent as present in the audience."
121
-- As part of the New Left COINTELPRO, the FBI sent a
letter under a fictitious name to Life magazine to "call
attention to the unsavory character" of the editor
of an underground magazine, who was characterized as "one
of the moving forces behind the Youth International Party,
commonly known as the Yippies." To counteract a recent
Life "article favorable" to the Yippie editor,
the FBI's fictitious letter said that "the cuckoo
editor of an unimportant smutty little rag" should
be "left in the sewers." 122
Much of the Bureau's use of the media to influence public
opinion was directed at disrupting specific activities
or plans of targeted groups or individuals:
-- In March 1968, FBI Headquarters granted authority
for furnishing to a "cooperative national news media
source" an article "designed to curtail success
of Martin Luther King's fund raising" for the poor
people's march on Washington, D.C. by asserting that "an
embarrassment of riches has befallen King . . . and King
doesn't need the money." 123 To further this objective,
Headquarters authorized the Miami Office "to furnish
data concerning money wasted by the Poor People's Campaign"
to a friendly news reporter on the usual condition that
"the Bureau must not be revealed as the source."
124
The Section Chief in charge of the Black Nationalist
COINTELPRO also recommended that "photographs of
demonstrators" at the march should be furnished;
he attached six photographs of Poor People's Campaign
participants at a Cleveland rally, accompanied by the
note: "These show the militant, aggressive appearance
of the participants and might be of interest to a cooperative
news source." 125
-As part of the New Left COINTELPRO, authority was granted
to the Atlanta Field Office to furnish a newspaper editor
who had "written numerous editorials praising the
Bureau" with "information to supplement that
already known to him from public sources concerning subversive
influences in the Atlanta peace movement. His use of this
material in well-timed articles would be used to thwart
the [upcoming] demonstrations." 126
-- An FBI Special Agent in Chicago contacted a reporter
for a major newspaper to arrange for the publication of
an article which was expected to "greatly encourage
factional antagonisms during the SDS Convention"
by publicizing the attempt of "an underground communist
organization" to take over SDS. This contact resulted
in an article headlined "Red Unit Seeks SDS Rule."
127
-- FBI Director Hoover approved a Field Office plan "to
get cooperative news media to cover closed meetings of
Students for a Democratic Society (SDS) and other New
Left groups" with the aim of "disrupting them."
128
-- Several months after COINTELPRO operations were supposed
to have terminated, the FBI attempted to discredit attorney
Leonard Boudin at the time of his defense of Daniel Ellsberg
in the Pentagon Papers case. The FBI "called to the
attention" of the Washington bureau chief of a major
news service information on Boudin's alleged "sympathy"
and "legal services" for "communist causes."
The reporter placed a detailed news release on the wires
which cited Boudin's "identification with Leftist
causes" and included references to the arrest of
Boudin's daughter, his legal representation of the Cuban
government and "Communist sympathizer" Paul
Robeson, and the statement that "his name also has
been connected with a number of other alleged communist
front groups." In a handwritten note, J. Edgar Hoover
directed that copies of the news release be sent to "Haldeman,
A. G., and Deputy." 129
The Bureau sometimes used its media contacts to prevent
or postpone the publication of articles it considered
favorable to its targets or unfavorable to the FBI. For
example, to influence articles which related to the FBI,
the Bureau took advantage of a close relationship with
a high official of a major national magazine, described
in an FBI memorandum as "our good friend." Through
this relationship, the FBI "squelched" an "unfavorable
article against the Bureau" written by a free-lance
writer about an FBI investigation; "postponed publication"
of an article on another FBI case; "forestalled publication"
of an article by Dr. Martin Luther King, Jr.; and received
information about proposed editing of King's articles.
130
The Bureau also attempted to influence public opinion
by using news media sources to discredit dissident groups
by linking them to the Communist Party:
-- A confidential source who published a "self -described
conservative weekly newspaper" was anonymously mailed
information on a church's sponsorship of efforts to abolish
the House Committee on Un-American activities. This prompted
an article entitled "Locals to Aid Red Line,"
naming the minister, among others, as a local sponsor
of what it termed a "Communist dominated plot"
to abolish HUAC. 131
-- The Bureau targeted a professor who had been the president
of a local peace center, a "coalition of anti-Vietnam
and anti-draft groups." In 1968, he resigned temporarily
to become state chairman of Eugene McCarthy's presidential
campaign organization. Information on the professor's
wife, who had apparently associated with Communist Party
members in the early 1950's, was furnished to a newspaper
editor to "expose those people at this time when
they are receiving considerable publicity in order"
to "disrupt the members" of the peace organization.
132
-- Other instances included an attempt to link a school
boycott with the Communists by alerting newsmen to the
boycott leader's plans to attend a literary reception
at the Soviet mission; 133 furnishing information to the
media on the participation of the Communist Party presidential
candidate in the United Farm Workers' picket line; 134
"confidentially" informing established sources
in three northern California newspapers that the San Francisco
County Communist Party Committee had stated that civil
rights groups were to "begin working" on the
area's large newspapers "in an effort to secure greater
employment of Negroes;" 135 and furnishing information
to the media on Socialist Workers Party participation
in the Spring Mobilization Committee to End the War in
Vietnam to "discredit" the antiwar group. 136
(ii) Attacks on Leaders
Through covert propaganda, the FBI not only attempted
to influence public opinion on matters of social policy,
but also directly intervened in the people's choice of
leadership both through the electoral process and in other,
less formal arenas.
For instance, the Bureau made plans to disrupt a possible
"Peace Party" ticket in the 1968 elections.
One field office noted that "effectively tabbing
as communists or as communist-backed the more hysterical
opponents of the President on the Vietnam question in
the midst of the presidential campaign would be a real
boon to Mr. Johnson." 137
In the FBI's COINTELPRO programs, political candidates
were targeted for disruption. The document which originated
the Socialist Workers Party COINTELPRO noted that the
SWP "has, over the past several years, been openly
espousing its line on a local and national basis through
running candidates for public office." The Bureau
decided to "alert the public to the fact that the
SWP is not just another socialist group but follows the
revolutionary principles of Marx, Lenin, and Engels as
interpreted by Leon Trotsky." Several SWP candidates
were targeted, usually by leaking derogatory information
about the candidate to the press. 138
Other COINTELPRO programs also included attempts to disrupt
campaigns. For example, a Midwest lawyer running for City
Council was targeted because he and his firm had represented
"subversives". The Bureau sent an anonymous
letter to several community leaders which decried his
"communist background" and labelled him a "Charlatan."
139 Under a fictitious name, the Bureau sent a letter
to a television on which the candidate was to appear,
enclosing a series of questions about his clients and
his activities which it believed should be asked. 140
The candidate was defeated. He later ran (successfully,
as it happened) for a judgeship. The Bureau attempted
to disrupt this subsequent, successful campaign for a
judgeship by using an anticommunist group to distribute
fliers and write letters opposing his candidacy. 141
In another instance, the FBI attempted to have a Democratic
Party fundraising affair raided by the state Alcoholic
Beverage Control Commission. The fund raiser was targeted
because of two of the candidates who would be present.
One, a state assemblyman running for reelection, was active
in the Vietnam Day Committee; the other, the Democratic
candidate for Congress, had been a sponsor of the National
Committee to Abolish the House Committee on Un-American
Activities and had led demonstrations opposing the manufacture
of napalm bombs. 142
Although the disruption of election campaigns is the
clearest example, the FBI's interference, with the political
process was much broader. For example, all of the COINTELPRO
programs were aimed at the leadership of dissident groups.
143
In one case, the Bureau's plans to discredit a civil
rights leader included an attempt to replace him with
a candidate chosen by the Bureau. During 1964, the FBI
began a massive program to discredit Dr. Martin Luther
King, Jr. and to "neutralize" his effectiveness
as the leader of the civil rights movement. 144 On January
8, 1964, Assistant Director William C. Sullivan proposed
that the FBI select a new "national Negro leader"
as Dr. King's successor after the Bureau had taken Dr.
King "off his pedestal":
When this is done, and it can and will be done . . .
the Negroes will be left without a national leader of
sufficiently compelling personality to steer them in the
right direction. This is what could happen, but need not
happen if the right kind of Negro leader could at this
time be gradually developed so as to overshadow Dr. King
and be in the position to assume the role of leadership
of the Negro people, when King has been completely discredited.
I want to make it clear at once that I don't propose
that the FBI in any way became involved openly as the
sponsor of a Negro leader to overshadow Martin Luther
King.... But I do propose that I be given permission to
explore further this entire matter....
If this thing can be set up properly without the Bureau
in any way becoming directly involved, I think it would
not only be a great help to the FBI but would be a fine
thing for the country at large. While I am not specifying
at this moment, there are various ways in which the FBI
could give this entire matter the proper direction and
development. There are highly placed contacts of the FBI
who might be very helpful to further such a step . . .
. 145
The Bureau's efforts to discredit Dr. King are discussed
more fully elsewhere. 146 It is, however, important to
note here that some of the Bureau's efforts coincided
with Dr. King's activities and statements concerning major
social and political issues.
(iii) Exaggerating The Threat
The Bureau also used its control over the infomiation-gathering
process to shape the views of government officials and
the public on the threats it perceived to the social order.
For example, the FBI exaggerated the strength of the Communist
Party and its influence over the civil rights and anti-Vietnam
war movements.
Opponents of civil rights legislation in the early 1960s
had charged that such legislation was "a part of
the world Communist conspiracy to divide and conquer our
country from within." The truth or falsity of these
charges was a matter of concern to the administration,
Congress, and the public. Since the Bureau was assigned
to compile intelligence on Communist activity, its estimate
was sought and, presumably, relied upon. Accordingly,
in 1963, the Domestic Intelligence Division submitted
a memorandum to Director Hoover detailing the CPUSA's
"efforts" to exploit black Americans, which
it concluded were an "obvious failure." 147
Director Hoover was not pleased with this conclusion.
He sent a sharp message back to the Division which, according
to the Assistant Director in charge, made it "evident
that we had to change our ways or we would all be out
on the street." 148 Another memorandum was 'therefore
written to give the Director "what Hoover wanted
to hear." 149
The memorandum stated, "The Director is correct;"
it called Dr. Martin Luther King, Jr. "the most dangerous
Negro of the future in this Nation from the standpoint
of communism, the Negro, and national security;"
and it concluded that it was "unrealistic" to
"limit ourselves" to "legalistic proofs
or definitely conclusive evidence" that the Communist
Party wields "substantial influence over Negroes
which one day could become decisive." 150
Although the Division still had not said the influence
was decisive, by 1964 the Director testified before the
House Appropriations Subcommittee that the "Communist
influence" in the "Negro movement" was
"vitally important." "I Only someone with
access to the underlying information would note that the
facts could be interpreted quite differently. 151a
A similar exaggeration occurred in some of the Bureau's
statements on communist influence on the anti-Vietnam
war demonstrations.
In April 1965 President Johnson met with Director Hoover
to discuss Johnson's "concern over the anti-Vietnam
situation." According to Hoover, Johnson said he
had "no doubt" that Communists were "behind
the disturbances." 152 Hoover agreed, stating that
upcoming demonstrations in eighty-five cities were being
planned by the Students for a Democratic Society and that
SDS was "largely infiltrated by communists and [it]
has been woven into the civil rights situation which we
know has large communist influence." 153
Immediately after the meeting, however, Hoover told his
associates that the Bureau might not be able to "technically
state" that SDS was "an actual communist organization."
The FBI merely knew that there were "communists in
it." Hoover instructed, however, "What I want
to get to the President is the background with emphasis
upon the communist influence therein so that he will know
exactly what the picture is." The Director added
that he wanted "a good, strong memorandum" pinpointing
that the demonstrations had been "largely participated
in by communists even though they may not have initiated
them;" the Bureau could "at least" say
that they had "joined and forced the issue."
According to the Director, President Johnson was "quite
concerned" and wanted "prompt and quick action."
154
Once again, the Bureau wrote a report which made Communist
"efforts" sound like Communist success. The
eight page memorandum detailed all of the Communist Party's
attempts to "encourage" domestic dissent by
"a crescendo of criticism aimed at negating every
effort of the United States to prevent Vietnam from being
engulfed by communist aggressors." Twice in the eight
pages, for a total of two and a half sentences, it was
pointed out that most demonstrators were not Party members
and their decisions were not initiated or controlled by
the communists. Each of these brief statements moreover,
was followed by a qualification: (1) "however, the
Communist Party, USA ... has vigorously supported these
groups and exerted influence;" (2) "While the
March [on Washington] was not Communist initiated ...
Communist Party members from throughout the nation participated."
[Emphasis added.] 155
The rest of the memorandum is an illustration of what
former Assistant Director Sullivan called "interpretive"
memo writing in which Communist efforts and desires are
emphasized without an evaluation of whether they had been
or were likely to be successful.
The exaggeration of Communist participation, both by
the FBI and White House staff members relying on FBI reports,
156 could only have had the effect of reinforcing President
Johnson's original tendency to discount dissent against
the Vietnam War as "Communist inspired" -- a
belief shared by his successor. 157 It is impossible to
measure the full effect of this distorted perception at
the very highest policymaking level.
Footnotes:
1 Remarks by Rep. Hale Boggs, 4/22/71, Congressional
Record, Vol. 117, Part 9, P. 11565.
2 A "name check" is not an investigation, but
a search of existing FBI files through the use of the
Bureau's comprehensive general name index. Requests for
FBI "name checks" were peculiarly damaging because
no new investigation was done to verify allegations stored
away for years in Bureau files. A former FBI official
responsible for compliance with such requests said that
the Bureau "answered ... by furnishing the White
House every piece of information in our files on the individuals
requested." Deposition of Thomas E. Bishop, former
Assistant Director, Crime Records Division, 12/2/75, p.
144.)
3 Former FBI executive Cartha DeLoach, who was FBI liaison
with the White House during part of the Johnson administration,
has stated, "I simply followed Mr. Hoover's instructions
in complying with White House requests and I never asked
any questions of the White House as to what they did with
the material afterwards." (DeLoach deposition, 11/25/75,
p. 28.) On at least one occasion, when a White House aide
indicated that President Johnson did not want any record
made by the FBI of a request for a "run-down"
on the links between Robert Kennedy and officials involved
in the Bobby Baker investigation, the Bureau disregarded
the order. DeLoach stated that he "ignored the specific
instructions" in this instance because he "felt
that any instructions we received from the White House
should be a matter of record." (DeLoach deposition,
11/25/75, P. 89.)
Former Assistant Director Bishop stated, "Who am
I to ask the President of the United States what statutory
basis he has if he wants to know what Information is in
the files of the FBI?" It was a "proper dissemination"
because it was "not a dissemination outside the executive
branch" and because there was "no law, no policy
of the Department of Justice. . . . no statute of the
United States that says that was not permissible."
But even if there had been a statute laying down standards,
Bishop said "it wouldn't have made a bit of difference
. . . when the Attorney General or the President asks
for it."
Bishop recalled from his "own knowledge" instances
where President Kennedy, Johnson, and Nixon had "called
over and asked Mr. Hoover for a memo on certain people."
(Bishop deposition, 12/2/75, pp. 153-154.)
4 Memoranda from Stephen Early, Secretary to the President,
to Hoover, 5/21/40 and 6/17/40.
5 FBI memorandum to Senate Select Committee, 3/26/76;
See pp. 36-37.
6 Memorandum from J. Edgar Hoover to Thomas E. Stephens,
Secretary to the President, 4/13/54.
7 Courtney Evans deposition, 12/1/75, p. 39.
8 See pp. 64-65. The tap authorized by Attorney General
Kennedy on another high executive official was not related
to political considerations, nor apparently was the tap
authorized by Attorney General Katzenbach in 1965 on the
editor of an anti-communist newsletter who had published
a book alleging impropriety by Robert Kennedy a year earlier.
9 Memorandum from Hoover to Moyers, 10/27/64, cited in
FBI summary memorandum, 1/31/75.
10 Bureau files indicate that the apparent "reason"
for the "White House interest" was to determine
"whether the South Vietnamese had secretly been in
touch with supporters of Presidential candidate Nixon,
possibly through Mrs. Chennault, as President Johnson
was apparently suspicious that the South Vietnamese were
trying to sabotage his peace negotiations in the hope
that Nixon would win the election and then take a harder
line towards North Vietnam." (FBI memorandum, subject:
Mrs. Anna Chennault. 2/1/75.) The FBI has claimed that
its investigation of Mrs. Chennault was "consistent
with FBI responsibilities to determine if her activities
were in violation of certain provisions of the Foreign
Agents Registration Act and of the Neutrality Act."
Direct electronic surveillance of Mrs. Chennault was
rejected, according to a contemporaneous FBI memorandum,
because FBI executive Cartha DeLoach pointed out that
"it was widely known that she was involved in Republican
political circles and, if it became known that the FBI
was surveilling her this would put us in a most untenable
and embarrassing position." (Memorandum from DeLoach
to Tolson, 10/30/68.)
Electronic surveillance was, however, directed at the
South Vietnamese officials and was approved by Attorney
General Ramsey Clark. Clark has testified that he did
not know of the physical surveillance aspect of the FBI's
investigation, but that he did authorize the electronic
surveillance of the South Vietnamese officials. (Clark
testimony, 12/3/75, Hearings, Vol. 6, p. 252.)
11 FBI executive Cartha DeLoach has stated that a White
House aide made the initial request for the check of telephone
company records late one night. According to DeLoach,
the request was "to find out who, either Mr. Agnew
or Mr. Nixon, when they had been in Albuquerque (New Mexico)
several days prior to that, had called from Albuquerque
while they were there." When DeLoach refused to contact
the telephone company "late in the evening,"
President Johnson "came on the phone and proceeded
to remind me that he was Commander in Chief and he should
get what he wanted, and he wanted me to do it immediately."
DeLoach then talked with Director Hoover, who told him
to "stand your ground." The next day, however,
Hoover ordered that the records be checked, but the only
calls identified were "made by Mr. Agnew's staff."
These wore reported to the White House. (DeLoach Deposition.
11/25/75, pp. 74-7.5.) Agnew's arrival and departure times
in and out of Albuquerque were also "verified at
the request of the White House." (FBI summary memorandum.
subject: Mrs. Anna Chennault, 2/1/75).
12 FBI Director Hoover brought the matter to the attention
of the White House in a letter describing why the FBI
had refused to "wire" the witness (there was
not adequate "security") and how the Criminal
Division had then used the Bureau of Narcotics to do so.
(Memorandum from Hoover to Watson, 1/12/67.) This was
the instance where FBI executive Cartha DeLoach made a
record, after Watson told him that "the President
does not want any record made." (Memorandum from
DeLoach to Tolson, 1/17/67; see also FBI summary memorandum,
2/3/75.)
13 According to this memorandum, Watson told Cartha DeLoach
in 1967 that "he and the President" wanted all
"communications addressed to him by the Director"
to be addressed instead to a lower level White House staff
member. Watson told DeLoach that the "reason for
this change" was that the staff member "did
not have the direct connection with the President that
he had and, consequently, people who saw such communications
would not suspicion (sic) that Watson or the President
had requested such information, nor were interested in
such information." (memorandum from DeLoach to Tolson,
3/17/67.)
14 FBI summary memorandum, subject: Coverage of Television
Presentation, Senate Foreign Relations Committee, 1/31/75.
Former FBI executive Cartha DeLoach has stated, regarding
this incident. "We felt that it was beyond the jurisdiction
of the FBI, but obviously Mr. Hoover felt that this was
a request by the President and he desired it to be done."
(DeLoach deposition, 11/25/75, P. 58.)
15 Blind FBI memorandum, 2/10/67.
16 President Johnson's request also went beyond "legislators,"
and included contacts by any "prominent U.S. citizens."
(FBI summary memorandum, subject: Information Concerning
Contacts Between [Certain Foreign officials] and Members
or Staff of the United States Congress Furnished to the
White House at the Request of the President, 2/3/75.)
The FBI's reports indicated that its information came
"through coverage" of the foreign officials
and that the Bureau, in this case, had "conducted
no investigation of members of Congress." (FBI summary
memorandum, 2/3/75.) FBI "coverage" apparently
included electronic surveillance.
President Nixon also requested information on contacts
between foreign officials and Congressmen, but his request
does not appear to have related to Presidential critics.
Rather, the Nixon request grew out of concern about "an
increase in [foreign] interest on Capitol Hill" which
had been expressed to President Nixon by at least one
Senator; and the FBI's report "included two examples
of [foreign] intelligence initiatives directed against
Capitol Hill without identifying the [foreigners] or American
involved." (FBI summary memorandum, 2/3/75.)
17 Memoranda from Hoover to Watson, 6/4/65 and 7/30/65.
18 Memorandum from Hoover to Watson, 7/15/66, citing
Jacobsen request.
19 Memorandum from Clark to Watson, 4/8/67, enclosing
memorandum from Director, FBI to the Attorney General.
4/7/67. (LBJ Library.)
20 Memoranda from Hoover to Watson, 2/15/65 and 5/29/65.
21 Memorandum from Hoover to Watson, 7/22/65.
22 Memorandum from Hoover to Watson, 1/27/67.
23 Memorandum from Hoover to Watson, 4/6/66.
24 Memorandum from Hoover to Watson, 2/24/66.
25 Memorandum from Hoover to Watson, 4/6/66.
26 Memorandum from Hoover to Watson, 11/8/66; DeLoach,
12/3/75, Hearings, Vol. 6, pp. 180-182.
26a Letter from J. Edgar Hoover to John D. Ehrlichman,
10/6/69; letter from Clarence M. Kelly to Joseph Duffy,
7/14/75, enclosing FBI records transmitted under Freedom
of Information Act.
27 House Judiciary Committee Hearings, Book VII, White
House Surveillance Activities (1974), p. 1111.
28 According to Director Hoover's memorandum of the conversation,
Agnew asked Hoover for "some assistance" in
obtaining information about Rev. Abernathy. Hoover recorded:
"The Vice President said he thought he was going
to have to start destroying Abernathy's credibility, so
anything I can give him would be appreciated. I told him
I would be glad to." (Memorandum from Hoover to Tolson,
et a], 5/18/70.) Subsequently, the FBI Director sent Agnew
a report on Rev. Abernathy containing not only the by-product
of Bureau investigations, but also derogatory public record
information. (Letter from Hoover to Agnew, 5/19/70.)
29 Staff summary of Spiro Agnew interview, 10/15/75.
30 Memoranda from Sullivan to Hoover, 6/30/69 and 7/2/69.
31 Memorandum from Sullivan to DeLoach, 11/5/69. The
Kraft surveillance Is also discussed in Part II, pp. 121-122.
32 Coverage in these two cases was requested by neither
Henry Kissinger nor Alexander Haig (as most of the "17"
were), but by other White House officials. Attorney General
Mitchell approved the first at the request of "higher
authority." (Memorandum from Hoover to Mitchell,
7/23/69.) The second was specifically requested by H.
R. Haldeman. (Memorandum from Hoover to Mitchell, 12/14/70.
33 This tap was also apparently requested by White House
officials other than Kissinger or Haig. (Memorandum from
Sullivan to DeLoach, 8/1/69.) The "17" wiretaps
are also discussed at p. 122.
34 DeLoach, 12/3/75, Hearing-, Vol. 6. p. 180.
35 Memorandum from Hoover to Dillon Anderson, Special
Assistant to the President. 1/3/56. This report was also
provided to the Attorney General, the Secretary of Defense.
and military intelligence.
36 Memorandum from Hoover to Anderson, 3/2/56.
37 Memorandum from Hoover to Anderson. 3/5/56.
38 Memorandum from Hoover to Anderson, 3/6/56.
39 Memorandum from Hoover to Anderson, 3/7/56. A National
Security Council staff member responsible for Internal
security matters summarized these reports as providing
information "regarding attempts being made by the
National Association for the Advancement of Colored People
to send instructed delegations to high-ranking Government
officials 'to tactfully draw out their positions concerning
civil rights."' (Memorandum from J. Patrick Coyne
to Anderson, 3/6/56.)
40 After consulting the Attorney General, this aide advised
the Secretary to the Cabinet that the FBI had "reported
developments in recent weeks in several southern States,
indicating a marked deterioration in relationships between
the races, and in some instances fomented by communist
or communist-front organizations." (Memorandum from
Anderson to Maxwell Rabb, 1/16/56.) The Secretary to the
Cabinet, who had "experience in handling minority
matters" for the White House, agreed that "each
Cabinet Member should be equipped with the plain facts."
(Memorandum from Rabb to Anderson, 1/17/56.) A National
Security Council staff member who handled internal security
matters reported shortly thereafter that the FBI Director
was "prepared to brief the Cabinet along the general
lines" of his written communications to the White
House. (Memorandum from J. Patrick Coyne to Anderson,
2/1/56.)
41 Memorandum from Director, FBI, to the Executive Assistant
to the Attorney General, 3/9/56, enclosing FBI memorandum
described as the "basic statement" used by the
Director "in the Cabinet Briefing this morning on
Racial Tension and Civil Rights.'' For a further discussion
of the exaggeration of Communist influence on the NAACP
in this briefing, see pp. 250-257, note 151a.
42 The electronic surveillances were generally related
to foreign affairs concerns. See pp. 64 - 65.
43 The Americans include three Agriculture Department
officials, the secretary to the Chairman of the House
Agriculture Committee, and two registered lobbying agents
for foreign interests. For Attorney General Kennedy's
relationship to the microphone surveillance of the Congressman,
see p. 61, note 233. One of the wiretaps directed at a
registered lobbying agent was placed on the office telephone
of a Washington law firm. (See p. 201)
44 FBI memorandum, 6/15/62.
45 FBI memorandum, 6/15/62.
46 Memorandum from Hoover to Attorney General Kennedy,
2/18/61. This information came from the Bureau's "coverage"
(by microphone surveillance) of the Congressman's hotel
room meeting.
47 FBI memorandum, 2/15/62.
48 Memorandum from J. Edgar Hoover to Robert Kennedy,
3/13/61.
49 Memorandum from J. Edgar Hoover to Robert Kennedy,
3/13/61.
50 Memorandum from W. R. Wannall to W. C. Sullivan, 12/22/66.
According to a Bureau memorandum of a meeting between
Attorney General Kennedy and FBI Assistant Director Courtney
Evans, Kennedy stated in April 1961 that "now the
law has passed he did not feel there was justification
for continuing this extensive investigation." (Memorandum
from Evans to Parsons, 4/15/61.)
51 There is no clear evidence as to what President Johnson
had in mind when, as a contemporaneous FBI memorandum
indicates, he directed "the assignment of the special
squad to Atlantic City." (DeLoach to Mohr 8/29/64)
Cartha DeLoach has testified that Presidential aide Walter
Jenkins made the original request to him, but that he
said it should be discussed with Director Hoover and that
"Mr. Jenkins or the President, to the best of my
recollection, later called Mr. Hoover and asked that this
be done." DeLoach claimed that the purpose was to
gather "intelligence concerning matters of strife,
violence, etc." which might arise out of the credentials
challenge. (DeLoach, 12/3/75. hearings, Vol. 6, p. 175.)
52 The operations of the FBI in Atlantic City are described
in greater detail in Section II, pp. 117-119.
53 Memorandum from DeLoach to Jenkins. 8/24/64.
54 Memorandum from DeLoach to Jenkins, 8/25/64.
55 Memorandum from DeLoach to Jenkins, 8/25/64.
56 Memorandum from DeLoach to Jenkins, 8/25/64.
57 Memorandum from DeLoach to Jenkins, 8/25/64.
58 Blind memorandum from LBJ Library bearing handwritten
date 8/26/64 and the typewritten date 8/19/64, Hearings,
Vol. 6, Exhibit 68-2, p. 713.
59 In at least two instances. the wiretaps continued
on targets after they left the Executive Branch and became
advisers to Senator Edmund Muskie, then the leading Democratic
prospect for the Presidency. See Part II, p. 122.
60 Memorandum from Hoover to Nixon, Kissinger, and Mitchell,
10/9/69.
61 Memorandum from Hoover to Nixon and Kissinger, 12/3/69.
62 Memorandum from Hoover to Nixon and Kissinger, 2/26/70.
63 Memorandum from Hoover to H. R. Haldeman, 6/2/70.
64 Memorandum from Hoover to Haldeman. 9/4/70.
65 Memorandum from Hoover to Nixon and Kissinger, 7/18/69.
66 Memorandum from Hoover to Haldeman, 5/18/70.
67 Memorandum from Hoover to Haldeman, 6/23/70.
68 Memorandum from Hoover to Haldeman, 11/24/70.
69 Memorandum from Hoover to Haldeman, 12/22/70.
70 Memorandum from Hoover to Nixon, Kissinger, and Mitchell,
12/29/69.
71 Memorandum from Magruder to Haldeman and Ehrlichman,
1/15/70. Ehrlichman advised Haldeman, "This is the
kind of early warning we need more ofyour game planners
are now in an excellent position to map anticipatory action."
(Memorandum from "E" (Ehrlichman) to "H"
(Haldeman), undated.) Haldeman responded, "I agree
with John's point. Let's get going." (Memorandum
from "H" to "M" (Magruder), undated).
72 Report of the House Judiciary Committee, 8/20/74,
p. 147.
73 It should be noted, however, that in at least one
case the Bureau did distinguish between political and
non-political information. In 1968, when an aide to Vice
President Humphrey asked that a "special squad"
be sent to the Demoeratic National Convention in Chicago,
Director Hoover not only declined, but he also specifically
instructed the SAC in Chicago not "to get into anything
political" but to confine his reports to "extreme
action or violence." (Memorandum from Hoover to Tolson.,
et al, 8/15/68.) There were no comparable instructions
at Atlantic City.
74 Former Attorney General Francis Biddle recalled in
his autobiography how J. Edgar Hoover shared with him
some of the "intimate details" of what his fellow
Cabinet members did and said, "their likes and dislikes,
their weaknesses and their associations." Biddle
confessed that he enjoyed hearing these derogatory and
sometimes "embarrassing" tidbits and that Hoover
"knew how to flatter his superior." (Francis
Biddle, In Brief Authority [Garden City: Doubleday, 1962],
pp. 258-259.)
A former FBI official has described one aspect of the
Bureau's practice:
"Mr. Hoover would say what do we have in our files
on this guy? Just what do we have? Not blind memorandum,
not public source information, everything we've got. And
we would maybe write a 25 page memo. When he got it and
saw what's in it, he'd say we'd better send that to the
White House and the Attorney General so they can have
in one place everything that the FBI has now on this guy.
. . . (Bishop deposition, 12/2/75, pp. 141-142.)"
75 None of these letters indicate that they were in response
to requests, as is the case with other similar letters
examined by the Committee. All were volunteered as matters
which Director Hoover considered to be "of interest"
to the recipients.
76 Memorandum from Hoover to Vaughn, 2/15/47.
77 Memorandum from Hoover to Connelly, 1/27/50.
78 Memorandum from Hoover to Anderson, 4/21/55.
79 Memorandum from Hoover to Cutler, 2/13/58.
80 Memorandum from Hoover to Robert Kennedy, 11/20/63.
81 Memorandum from Hoover to Robert Kennedy, 2/10/61.
82 Memorandum from Hoover to Watson, 1/9/67.
83 For additional examples, See Section II, pp. 51-53.
84 Staff memorandum: Review of INLET letters, 11/18/75.
85 Memorandum from FBI Headquarters to all SAC's, 11/26/69.
86 Memorandum from Bassett to Callahan, 1/29/75.
87 Former FBI official Mark Felt has stated that the
SAC's could have sent personal letters to Hoover containing
such "personal tidbits" "to curry favor
with him," and on one occasion he did so himself
with respect to a "scandalous" incident. (W.
Mark Felt testimony, 2/3/76, p. 91.)
The following excerpt from one SAC's letter is an example
of political information fed to the Director: "I
have heard several comments and items which I wanted to
bring to your attention. As I imagine is true in all States
at this time, the political situation in [this state]
is getting to be very interesting. As you know, Senator
[deleted] is coming up for re-election as is Representative
[deleted]. For a long time it appeared that [the Senator]
would have no opposition amount to anything in his campaign
for re-election. The speculation and word around the State
right now is that probably [the Representative] will file
for the U.S. Senate seat now held by [the Senator]. I
have also been informed that [the Senator's] forces have
offered [the Representative] $50,000 if he will stay out
of the Senate race and run for re-election as Congressman."
(Letter from SAC to Hoover, 5/20/64.)
88 Letter from Attorney General McGrath to President
Truman, 12/7/49; letter from Hoover to Vaughn, 1/14/50.
89 Memorandum from Hoover to Rogers, 5/25/60.
90 Bishop deposition, 12/2/75, p. 211. Bishop stated
that he acted on his own, rather than at the direction
of higher Bureau executives. However, Director Hoover
did have a memorandum prepared on the reporter summarizing
everything in the Bureau's files about him, which he referred
to when he met with the reporter's superiors. (Bishop
deposition, 12/2/75, p. 215.)
91 Memorandum from Executives Conference to Hoover, 1/4/50.
Early examples included historian Henry Steele Commager,
"personnel of CBS," and former Interior Secretary
Harold Ickes. (Memorandum from Mohr to Tolson, 12/21/49.)
By the time it was abolished in 1972, the list included
332 names, including mystery writer Rex Stout, whose novel
'The Doorbell Rang" had "presented a highly
distorted and most unfavorable picture of the Bureau."
(Memorandum from M. A. Jones to Bishop, 7/11/72.)
92 Bishop deposition, 12/2/75, p. 207.
93 The field office was also expected to send to headquarters
any additional allegations about the Congressman or Governor
which might come to its attention in future investigations,
even if the Congressman or Governor was not himself the
"subject" of the investigation. (Bishop deposition,
12/2/75, pp. 194-200.)
94 Bishop deposition, 12 |