SELECT COMMITTEE ON ASSASSINATIONS NINETY-FIFTH CONGRESS LOUIS STOKES, Ohio, Chairman RICHARDSON PREYER, North Carolina SAMUEL L. DEVINE, Ohio WALTER E. FAUNTROY, District of Columbia YVONNE BRATHWAITE BURKE, CHRISTOPHER J. DODD, Connecticut FLOYD J. FITHIAN, Indiana STEWART B. MCKINNEY, Connecticut CHARLES THONE, Nebraska HAROLD S. SAWYER, Michigan STAFF G. ROBERT BLAKEY, Chief Counsel and Staff Director CONTENTS F. Committee nondisclosure agreement.. G. Memorandum of understanding between the Director of Central Intelligence and the select committee, and subsequent addendums__ H. Memorandum of understanding between the Attorney General and III. Memorandum and documents related to the select committee's acquisi- A. Memorandum on the Select Committee on Assassinations and pro- spective judicial proceedings in the district court__. B. Production of a witness incarcerated in a prison before the select 1. Memorandum on the power of congressional committees to have a witness incarcerated in prison appear before the committee___ Sample petition for writ of habeas corpus ad testificandum__ 2. Sample application for orders requesting international judicial assistance-Issuance of letters rogatory- 3. Sample request for international judicial assistance-Issuance D. Congressional acquisition of records that might be considered pro- tected from disclosure by Federal or State statute or regulation: 1. Application for order disclosing the medical records of Ms. Grace 2. Memorandum of points and authorities in support of the select committee's application for order disclosing the medical records E. Issues arising from congressional authority to confer immunity 1. Memorandum on use immunity and the congressional investiga- 2. Memorandum on inability of Federal and State prosecuting authorities to use information obtained in preliminary immunity discussions against the party furnishing that information____. 3. Agreement between immunized witnesses and the Select Com- F. Issues related to perjury, false swearing, subordination, and con- 1. Memorandum on statutes applicable to perjury, false swearing, 2. Materials on John Ray's formal referral to the Department of Justice for evaluation of a perjury prosecution concerning his testimony on participation in bank robberies.. 3. Memorandum on reliance on a secrecy agreement for which a release has been executed as a defense to a perjury or contempt 4. Letter from the Central Intelligence Agency authorizing individ- uals to provide the select committee information____ G. Memorandum on the ability of a witness to refuse to obey a con- gressional subpena because (1) it is burdensome or oppressive and requires compensation or (2) it presents a substantial risk of H. Memorandum on issues raised by title III of the Organized Crime I. Memorandum on use of informants by a congressional committee_ IV. General legal issues arising during the select committee's investiga- A. Issues arising from an attorney attempting to represent multiple 1. Memorandum on the select committee's policy regarding exclu- 2. Memorandum on the powers of a committee to disqualify an at- torney from representing multiple witnesses-- B. Issues arising from James Earl Ray's guilty plea : 1. Memorandum on legal remedies currently available to James 2. Memorandum on finality of convictions based on guilty pleas_. C. Memorandum on the extent of responsibility of the FBI to protect I. INTRODUCTION During the course of its hearings on legislative and administrative reform, the committee explored many of the legal issues that had arisen during the course of its investigation. Many of the legislative and administrative recommendations made by the select committee are a direct result of the select committee's experience in dealing with these legal issues. This appendix is a compilation of some of the legal memoranda and documents on issues pertaining to the committee's investigation. The committee would like, particularly, to acknowledge the invaluable assistance of the American Law Division of the Library of Congress for many of the memoranda included in this appendix, and other work that division has performed for the committee. Mr. Kent M. Ronhovde of the American Law Division deserves special mention for his excellent and extensive work in assisting the committee during the course of its investigation. (1) H. Res. 222 II. PRIMARY DOCUMENTS A. HOUSE RESOLUTION 222 In the House of Representatives, U. S., February 2, 1977. Resolved, That effective January 3, 1977, and until March 31, 1977, there is hereby created a Select Committee on Assassinations to be composed of twelve Members and Delegates of the House of Representatives to be appointed by the Speaker, one of whom he shall designate as chairman. Any vacancy occurring in the membership of the select committee shall be filled in the same manner in which the original appointment was made. The select committee or a subcommittee thereof is authorized and directed to conduct a full and complete investigation and study of the circumstances surrounding the assassination and death of President John F. Kennedy and the assassination and death of Martin Luther King, Junior, and of any other persons the select committee shall determine might be related to either death in order to ascertain (1) whether the existing laws of the United States, including but not limited to laws relating to the safety and protection of the President of the United States, assassinations of the President of the United States, deprivation of civil rights, and conspiracies related thereto, as well |