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LEGISLATIVE AND ADMINISTRATIVE REFORM

APPENDIX TO
HEARINGS

BEFORE THE

SELECT COMMITTEE ON ASSASSINATIONS

OF THE

HOUSE OF REPRESENTATIVES

NINETY-FIFTH CONGRESS

SECOND SESSION

DECEMBER 11, AND 12, 1978

VOLUME II

(Compilation of legal memoranda and documents on issues pertaining to

the select committee's investigation)

Printed for the use of the Select Committee on Assassinations

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 1979

42-793 O

For sale by the Superintendent of Documents, c.8. Government Printing Office

Washington, D.C. 2402

51 1125

3/02 31

SELECT COMMITTEE ON ASSASSINATIONS

NINETY-FIFTH CONGRESS

LOUIS STOKES, Ohio, Chairman RICHARDSON PREYER, North Carolina SAMUEL L. DEVINE, Ohio WALTER E. FAUNTROY,

STEWART B. MCKINNEY, Connecticut District of Columbia

CHARLES THONE, Nebraska
YVONNE BRATHWAITE BURKE,

HAROLD S. SAWYER, Michigan
California
CHRISTOPHER J. DODD, Connecticut
HAROLD E. FORD, Tennessee
FLOYD J, FITHIAN, Indiana
ROBERT W. EDGAR, Pennsylvania

STAFF
G. ROBERT BLAKEY, Chief Counsel and Staff Director
JAMES L. WOLF, Deputy Chief Counsel, Legal Unit

[graphic]

CONTENTS

Page

1

I. Introduction

II. Primary documents :

A. House Resolution 222.

B. House Resolution 433_

C. House Resolution 760_

D. Committee rules.

E. Committee security procedures----

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

the select committee.-----

III. Memorandum and documents related to the select committee's acquisi-

tion of evidence:

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

committee :

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.--

3. Sample writ of habeas corpus ad testificandum.--

C. Acquisition of testimony in a foreign country:

1. Memorandum on use of letters rogatory by a congressional com-

mittee ---

2. Sample application for orders requesting international judicial

assistance --Issuance of letters rogatory---

3. Sample request for international judicial assistance-Issuance

of letters rogatory--

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

Walden ----

2. Memorandum of points and authorities in support of the select

committee's application for order disclosing the medical records

of Ms. Grace Walden.-

3. Opinion of the court in re application for order disclosing the

medical records of Ms. Grace Walden..----

4. Order of the court disclosing medical records of Ms. Grace

Walden ----

E. Issues arising from congressional authority to confer immunity

upon witnesses :

1. Memorandum on use immunity and the congressional investiga-

tory process

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-

mittee on Assassinations ----

4. Sample application for order conferring immunity and compel-

ling testimony---

5. Memorandum in support of application for order conferring im-

munity and conferring testimony--

6. Sample order conferring immunity and compelling testimony---

(III)

Page

225

F. Issues related to perjury, false swearing, subordination, and con-

tempt :

1. Memorandum on statutes applicable to perjury, false swearing,

and subordination..

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

prosecution

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

loss

H. Memorandum on issues raised by title III of the Organized Crime

Control Act...

I. Memorandum on use of informants by a congressional committee.-

IV. General legal issues arising during the select committee's investiga-

tion:

A. Issues arising from an attorney attempting to represent multiple

witnesses:

1. Memorandum on the select committee's policy regarding exclu-

sion of attorneys..

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

Earl Ray-

2. Memorandum on finality of convictions based on guilty pleas.-

3. Memorandum on effective assistance of counsel.

C. Memorandum on the extent of responsibility of the FBI to protect

civil rights leaders such as Dr. King----

D. Memorandum on selected Federal homicide statutes.--

E. Issues arising from the acquisition and preservation of evidence

after the assassination of President Kennedy:

1. Memorandum on issues related to jurisdiction over President

Kennedy's body----

2. Memorandum on the ability of the Government to acquire and

preserve evidence related to assassinations.

F. Analysis of the free press-fair trial-speedy trial trilemma-in the

case of political assassinations...

G. Memorandum on liability for inclusion of personal data in a con-

gressional committee report.---

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.

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