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

42-793 O

U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON: 1979

For sale by the Superintendent of Documents, U.S. Government Printing Office
Washington, D.C. 20402

SELECT COMMITTEE ON ASSASSINATIONS

NINETY-FIFTH CONGRESS

LOUIS STOKES, Ohio, Chairman

RICHARDSON PREYER, North Carolina SAMUEL L. DEVINE, Ohio

95-2-H
A841e
v. 2

CONTENTS

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 prospective 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___
2. 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 létters 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_

142

3. Opinion of the court in re application for order disclosing the
medical records of Ms. Grace Walden_____

166

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

169

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___.

171

201

205

4. Sample application for order conferring immunity and compel-
ling testimony__

210

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

216

6. Sample order conferring immunity and compelling testimony--

222

(III)

Page

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 investigation:

A. Issues arising from an attorney attempting to represent multiple witnesses:

225

265

330

347

349

356

383

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

430

2. Memorandum on the powers of a committee to disqualify an at-
torney from representing multiple witnesses_-

439

B. Issues arising from James Earl Ray's guilty plea :

1. Memorandum on legal remedies currently available to James
Earl Ray----

526

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-

554

604

631

D. Memorandum on selected Federal homicide statutes---
E. Issues arising from the acquisition and preservation of evidence
after the assassination of President Kennedy:

656

1. Memorandum on issues related to jurisdiction over President
Kennedy's body----

690

2. Memorandum on the ability of the Government to acquire and
preserve evidence related to assassinations____

703

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

721

G. Memorandum on liability for inclusion of personal data in a congressional committee report..

907

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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