- i AUTHORITY DERIVED FROH I 1 on aim Ear o FBI FEUTOIIJLTIC GUIDE - mum 3 i SECRET amoranuum 1 - nr Callahan 1 Lire J B Adams 1 lire RI E Gabhardt Exh m fl To Mr W n Wannall DATE 10 2 74 mumncDermott 1 Mr W R Wannall wn - rams - 16 3 159 i 3 511 Jr 1 Mr w n namnton l I 5 TESTIMONY BY WHITE HOUSE COUNSEL J FREDERICK BUZHARDT BEFORE THE SENATE SELECT COHHITTEE ON 51 gaifi fi Ki m Demo 1 PRESIDENTIAL OnipAIeN ACTIVITIES 5 7 74 ALLEGING FBI CONDUCTED wee e 1 J Wg lt SURREPTITIOUS ENTRIES Brim Orn 0'3 Classified Sec et since it discusse highly sensitivqy h investigative b P Reference is made to memorandum HcDermott to Jenkins 24 74 captioned as above TReferenced memorandum set forth review of teiimony of J Fred Buzhardt before the Senate Select Committee on 5 7 74 during which Buzhardt stated that unidentified surreptitious entries had'been performed by the FBI since January 1969 While the Intelligence Division'has no definite information which would rJ identify the surreptitbus entries referred to by Bu hardt the following information may he of some pertinence On 5 17 73 Buzbardt-Was contacted by fo mer Assistant 5 _Director E S Miller pursuant to the request of then Acting 4 Director Ruckelshaus at which time Buzhardt requested we provide im th a comprehensive outline of the history and activities of he nteragency Committee on Intelli enco Ad Hoc which was I'estab ormer Pres dent Nixon 1970 A special report Immense cor w ORKHNALFHED 'preparcd f fhif fnnTittee was included in material found in the n-papers of former White HouSe aide The Ad Hoc Committee - has established under the chairmanship of former Director Hoover 3 5 following conference between Mr Hoover and'forner President Nixon- 'on 6 5 70 Its purpose-was to make recommendations for the more effective coordination of the intelligence gathering efforts of the U S intelligence community The Committee issued a d3 page - special report which was delivered to the White House 6 26 70 U summarizing the internal security threat facing the U S nd reviewing limitations on intelligence collection It she name he SECRET RWINUED 7 Near 71974 Classii'c by 5342 Exempt on Gh j Number Eh tie ini'e E1 Willi 11 mj L 7 0 13 Date of classif 1' tn nmi Maw-umm-m -MH had been used in the past with highly successful results The 6 Memorandum to Mr W R Wannall Re Testimony by White House Counsel et a1 noted that this report discusses surreptitious entries as-an intelligence gathering technique and stated that this technique FBI was not specifically identified as an agency utilizing this technique A footnote was added to the_report to the effect that the FBI-was Opposed to serreptitious entry of Embassies for the purpose of obtaining materials because the increase in the number of po gnarding these Embassies adds to the operational hazardsii z a - By memorandum dated 7 23 70 Tom Charles Huston advised that the President had reviewed this special report and desired a relaxation of restraints in a number of areas and the creation of a permanent Interagency Committee on Domestic'lntelligence _This _rep1y of Huston' became known as the so called Huston Plan The restraints referred to in the special report included limitations on the use of electronic survei_llance of foreign establiShments the use of student informants on college campuses -covert and overt coverage of the mail and surreptitious or il_legal entries U By letter dated 5 18 73 Acting Director Ruckolshaus furnished Buzhardt a letterhead memorandum together with five attachments summarizing the history and activities of the Ad Hoe Committee Assistant Attorney General Petersen advised the Department had no objection to our furnishing this information to Buzhardt OBSERVATION It appears that Buzhardt's testimony relating to surreptitious entries since 1969 could have been based on- the statement in the special report of the Ad Hoc committee that- surreptitious entries en used 1e1ative to gathering code It material from Embassies U A As a matter of fact the use of such surreptitious entries were forbidden by Mr Hoover in 1967 and have not been allowed since that time There is a fine point however between what t H 1 Memorandum to Mr W R Wannall Re Testimony by White House Counsel et a1 we semantically call surreptitious entry-and what we call - trespass Most of our microphone installations involve trespass and the Department is well aware of this However we do not consider this type of entry to be identical to that which is called surreptitious entry bag jobs where the purpose of the entry is'f tangible information such as documenfs or other Isuch - But even here there is at least one case which has even been publicized wherein we entered the premises to install a microphone and the Agents while there photographed documents This Was a terrorist case and one approved by former Acting Director L Patrick Gray Because of the publicity Buzhardt would have known about this and could have been referring to that particular case which was in 1972 We can say however that the FBI has had no program of surreptitious entry as referred to in the aboveementioned v specia1 report since 1967 when it was banned by Mr Hoover ACTION ane For information Wt 516' Waure d dgg 'Il - 4 This document is from the holdings of The National Security Archive Suite 701 Gelman Library The George Washington University 2130 H Street NW Washington D C 20037 WŚŽŶĞĞϮϬϮϮϵϵϰͲϳϬϬϬϬ ĂdžĞϮϬϮϮϵϵϰͲϳϬϬϱϬŶƐĂƌĐŚŝǀΛŐǁƵƵĞĚƵ