も Additional material Page "Intelligence Activities and the Rights of Americans-Book II," 423 Neir, Aryeh, and Burt Neuborne, American Civil Liberties Union, 418 "Political Surveillance: Cases From the ACLU's Docket," from the 411 "Supplementary Detailed Staff Reports on Intelligence Activities 438 "Two Postal Aides Held in $800,000 Theft," from the New York United States of America v. Bernard L. Barker, Appellant (No. 74- 437 440 FREEDOM OF INFORMATION ACT COMPLIANCE BY THE FBI Hearings held on July 29, 1976__ Witnesses Groover, L. Clyde, Section Chief, Budget and Accounting Section of Hanigan, Michael L., Freedom of Information and Privacy Acts Shea, Quinlan J., chief, Freedom of Information and Privacy Appeals Powers, James M., Section Chief, Freedom of Information and Privacy Prepared statement.. 491 531 532 532 532 492, 532 494 Rogers, Richard M., Deputy Chief, Freedom of Information and Additional Material Dodd, Hon. Christopher J., a Representative in Congress from the FBI Proposal To Effectively Administer Freedom of Information Kelley, Hon. Clarence M., Director, Federal Bureau of Investigation, Tyler, Harold R., Jr., Deputy Attorney General, letter dated May 20, 532 513 552 531 545 PRELIMINARY GAO REPORT ON FBI ACCOMPLISHMENTS AND STATISTICS Hearing held on- 597 Witnesses Harris, Daniel, supervisory auditor, General Government Division, 600 Lowe, Victor L., Director, General Government Division, General 600 Prepared statement__ 600 Powell, Robert, supervisory auditor, San Francisco Region, General 600 Stanton, Daniel, associate director, General Government Division, 600 FBI OVERSIGHT Circumstances Surrounding Destruction of the Lee Harvey Oswald Note TUESDAY, OCTOBER 21, 1975 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON CIVIL AND CONSTITUTIONAL RIGHTS OF THE COMMITTEE ON THE JUDICIARY, Washington, D.C. The subcommittee met, pursuant to notice, at 9:45 a.m., in room 2226, Rayburn House Office Building, the Honorable Don Edwards [chairman of the subcommittee] presiding. Present: Representatives Edwards, Drinan, Badillo, Dodd, Butler, and Kindness. Also present: Alan A. Parker, counsel; Thomas P. Breen, assistant counsel; and Kenneth N. Klee, associate counsel. Mr. EDWARDS. The subcommittee will come to order. Mr. DRINAN. Mr. Chairman, if I may, I move that the Subcommittee on Civil and Constitutional Rights permit coverage of this hearing in full or in part by television broadcast, radio broadcast, or still photography or any such methods of coverage pursuant to Committee Rule V. Mr. EDWARDS. Those in favor signify by saying aye. [Ayes]. Mr. EDWARDS. Contrary? [No response]. Mr. EDWARDS. The motion is carried. Today, we continue this subcommittee's hearings on FBI oversight. Our most recent hearing involved the presentation of the General Accounting Office of their interim report on the domestic intelligence operations of the FBI. The final report and further hearings will be held later in November. Today we have asked the Federal Bureau of Investigation to report to us on four areas of interest. One. Allegations concerning a letter allegedly written by Lee Harvey Oswald several days before the assassination of President John F. Kennedy containing threats which was received by the Dallas office of the FBI and subsequently destroyed; Two. Allegations indicating that Jack Ruby was a paid informer of the FBI; Three. Allegation by William Walter regarding a telex received by the New Orleans field office warning the Bureau's southern field offices that there would be an assassination attempt; Four. Allegations that all information available to the FBI was not fully disclosed to the Warren Commission. It is for the benefit of the public and the Government agencies involved that these issues be clarified so that if legislation is needed, we will have the adequate background to deal with it intelligently. If the personnel of the FBI violated their own rules or Federal statutes, then we must be sure that appropriate remedies for such actions exist within the Bureau and that the legal machinery exists within the Department of Justice to evaluate and prosecute if necessary. We are happy to have with us today, representing the Federal Bureau of Investigation, James B. Adams, Deputy Associate Director. Mr. Adams, who is your colleague? Mr. ADAMS. Harold Bassett, Assistant Director in Charge of Inspection. Mr. EDWARDS. Will you both rise and raise your right hands. Do you solemnly swear that the testimony you are about to give this committee will be the truth, the whole truth, and nothing but the truth, so help you God? Mr. ADAMS. I do. Mr. BASSETT. I do. Mr. EDWARDS. Mr. Adams, you may proceed. TESTIMONY OF JAMES B. ADAMS, DEPUTY ASSOCIATE DIRECTOR, FEDERAL BUREAU OF INVESTIGATION; ACCOMPANIED BY HAROLD BASSETT, ASSISTANT DIRECTOR IN CHARGE OF INSPECTION Mr. ADAMS. Mr. Chairman, I genuinely appreciate this opportunity to appear before your committee. My purpose in being here is to be as helpful as I can in your efforts to resolve serious questions that have been raised about the FBIquestions arising from one of the gravest tragedies of our time, the assassination of President John F. Kennedy at Dallas, Tex., on November 22, 1963. We welcome this opportunity because we sincerely believe in the integrity of the FBI, and that integrity requires an honest and complete statement of the facts for the American people. We hope, as well, that these proceedings will help assuage at least some of the rumors and conjecture and doubts that have multiplied and spread so rapidly in this 12th year following President Kennedy's death. Mr. EDWARDS. I wonder if the people in the back can hear Mr. Adams. Can they? Fine. Very good. You may proceed. Mr. ADAMS. The first area in which you have expressed interest is that involving the alleged visit of Lee Harvey Oswald to the Dallas FBI Office prior to the assassination of President Kennedy. We have just completed an exhaustive internal inquiry which leaves no doubt that Lee Harvey Oswald visited our Dallas Office some days prior to the assassination of President Kennedy and he left a handwritten note there for the special agent who was conducting our subversive activities investigation of him. Director Kelley and I first learned of these occurrences on July 7, 1975, when an official of the Dallas Times-Herald met with us here in Washington. This newspaper official advised that an individual, whose identity he could not reveal, had told him that Oswald had visited the FBI office in Dallas sometime prior to the assassination; that Oswald left a note-allegedly threatening in nature for the agent who had been handling our investigation of him; and that neither Oswald's visit nor the note was reported prior to or following the assassination of President Kennedy. Having no knowledge of this event, the newspaperman was advised that we would inquire into the matter and furnish him an official response. Mr. Kelley immediately personally informed Attorney General Edward Levi of these allegations. He also told the Attorney General that we were initiating an inquiry to determine the truth of these allegations; and he ordered the Assistant Director of our Inspection Division to personally take charge of this matter. The first step in our inquiry was to conduct an extensive review of all file references to Oswald at our Washington headquarters and in the Dallas field office to determine if they contained any information concerning the alleged visit by Oswald and/or the threatening note. They did not. The second step was to identify, locate, and interview those persons within and without the FBI who logically might be able to shed light on this matter. Since July 1975, nearly 80 interviews, including reinterviews of some persons, have been conducted. The purpose and the thrust of those interviews was to determine the answers to these important questions: One. Did Lee Harvey Oswald, in fact, visit the Dallas FBI office prior to the assassination? Two. If so, did he leave a note-and what were its contents? Four. Was the note destroyed; and if so, by whom and at whose instruction? Five. What were the motives behind the note's destruction? The results of our inquiry convince us that the answer to the first question is an unequivocal "yes." We don't know the exact date or time, but we are confident that Lee Harvey Oswald did visit our Dallas field office in November 1963. The testimony of Marina Oswald and Ruth Hyde Paine before the Warren Commission refers to the possibility of this visit. In response to a question concerning the FBI, Mrs. Oswald testified as follows: Lee had told me that supposedly he had visited their office or their building. But I didn't believe him. Mrs. Paine told the Warren Commission that Oswald "told me that he had stopped at the downtown office of the FBI and tried to see the agents and left a note. And my impression of it is that this notice irritated *** that he left the note saying what he thought." Mrs. Paine also testified that she "learned only a few weeks ago that he never did go into the FBI office." Interviews that we have conducted in our Dallas office support the conclusion that Oswald visited the office prior to the assassination. The employee who was serving as receptionist in that office in November 1963, stated that to her recollection about a week or 10 days before the assassination an individual appeared at the reception desk and asked to see one specific agent by name. Upon being told that the agent was out of the office, this individual left an envelope for the agent. According to the receptionist, the envelope contained a note which she read and believed was signed "Lee Harvey Oswald." She stated that she recognized the person who had called at the office as Oswald when she saw pictures of Oswald in the newspapers following the assassination. Another person who was employed at the Dallas FBI office in November 1963, recalled that while entering the office about midday sometime before the assassination she saw a slender, dark-haired young man whom she later could assume was Oswald with the receptionist. A third employee was alleged to have seen Oswald at the office, however, upon interview, denied that she did. As to the wording of the note that was left at the Dallas office, accounts vary. The receptionist recalled its contents to be somewhat as follows: Let this be a warning. I will blow up the FBI and the Dallas Police Department if you don't stop bothering my wife. She recalls taking the note to the assistant special agent in charge. It was her recollection that he also read the note, commented that it was from a "nut," and told her to give it to the agent to whom it was addressed. The assistant special agent in charge to whom the receptionist said she handed the note denied having any knowledge of it. In addition, she expressed the belief that she also showed the note to three other employees of the Dallas office. These three employees were interviewed, and each denied having seen it. The agent for whom the note was intended recalled its wording as, If you have anything you want to learn about me, come talk to me directly. If you don't cease bothering my wife I will take appropriate action and report this to proper authorities. This agent's supervisor, who claimed to have seen the note, said that he seemed to recall it contained some kind of threat but could not remember specifics. Aside from these three persons-the receptionist, the agent, and the agent's supervisor-no one else who was interviewed admitted having seen the note. Some indicated they understood that the note contained a threat; however, this was hearsay knowledge, having come primarily from conversations they had had with the receptionist. All who saw or heard the note agree there was no mention of President Kennedy or anything which would have forewarned of the assassination of the President. In attempting to determine what action was taken regarding the note, we learned that the agent for whom the note was intended took no action other than to place it in his workbox-where it continued to reside on the day of the assassination. |