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American Telephone and Telegraph Subpoena, 6/76 (1)
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American Telephone and Telegraph Subpoena, 6/76 (1)
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Vernon C. Loen and Charles Leppert Files
Vernon Loen's and Charles Leppert's General Subject Files
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Department of Justice. Federal Bureau of Investigation. National Crime Information Center. 1/1967-2/1992
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The original documents are located in Box 1, folder "American Telephone and Telegraph
Subpoena, 6/76 (1)" of the Loen and Leppert Files at the Gerald R. Ford Presidential
Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from BOX 1 of the Loen and Leppert Files at the Gerald R. Ford Presidential Library
-
THE WHITE HOUSE
WASHHINGTON
Janet:
Donna called with the following
invitation for Charlie from Marsh:
Meeting tomorrow( Sat. June 26)
in Buchen's office at 10:00 a.m.
Agenda: Moss AT&T subpoena
Vera
6/25
5:45
FORD is GERALD LIBRARY
МИСИАЯОМЗМ
Janet : file on
Moss Oversight +
ATT Subjocns. Chas.
FORD & 028ALD LIBRARY
04-2-3
COPY
BY AUTHORITY OF THE HOUSE OF REPRESENT TIVES OF THE CONGRESS OF THE
UNITED STATES OF AMERICA
To Stephen Sing
You are hereby commanded to summon Mr. Robert D. Lilley, President,
American Telephone and Telegraph Company, 195 Broadway, New York, New York 10007
Subcommittee on Oversight and Investigations (under the
to be and appear before thauthority of Rules x and XI of the Rules of the House
of Representatives, 94th Congress) of the Interstate and Foreign Commerce
Committee of the House of Representatives of the United States, of which the Hon.
John E. Moss
is chairman.and to bring with
him the documents described in the Attachment to this subpoena (personal
appearance is not required if the described documents are made available in
the Subcommittee offices on or before 12:00 noon on June 25. 1976)
in their chamber in the city of Washington, on Monday, June 28, 1976, in Room 2323,
Rayburn House Office Building
# at the hour of 10:00 a.m.
then and there to testify touching matters of inquiry committed to said Committee; and he is
not to depart without leave of said Committee.
Herein fail not, and make return of this summons.
Witness my hand and the seal of the House of Representatives
of the United States, at the city of Washington, this
22nd
day of
June
1976
/s/ HARLEY O. STAGGERS
Chairman,
Attest:
FORD & GERALD LIBRARY
ATTACHMENT TO SUBPOENA NO. 94-2-3
1. Full and complete copies of Federal Bureau of Investi-
gation (FBI) national security request letters, in the
possession or control of American Telephone and Tele-
graph (AT&T) and its 24 operating companies listed be-
low*, for access to phone lines handling either verbal
or non-verbal communications.
2. Copies of any and all records in the possession or con-
trol of AT&T or its operating companies prior to 1969
when written FBI' requests were not routinely requested
by AT&T and its operating companies.
3. Copies of any and all applicable Bell System Practices
(RSP's) describing company policy regarding national
security "taps" or "provision of facilities" to law
enforcement or intelligence agencies. This should in-
clude both current BSP's and any BSP's on the subject
which have since been revised or discontinued.
4. Copies of internal memorandum, correspondence, board
minutes, or other records relative to AT&T, and/or
any AT&T operating company, practice or policy with
respect to national security "taps" or "provision of
facilities" to law enforcement or intelligence agencies,
covering the last 10 years.
*Bell System Companies (see attached list)
LIBRARY GERALD R. FORD
BELL SYSTEM COMPANIES
American Telephone and Telegraph Company
The Bell Telephone Company of Pennsylvania
The Diamond State Telephone Company
The Chesapeake and Potomac Telephone Company
The Chesapaake and Potomac Telephone Company of Maryland
The Chesapeake and Potomac Telephone Company of Virginia
The Chosapsake and Potomac Telephone Company of West Virginia
Cincinnati Bell, Inc.
Illinois Bell. Telephone Company
Indiana Bell Telephone Company, Incorporated
Michigan Bell Telephone Company
The Mountain States Telephone and Telegraph Company
New England Telephone and Telegraph Company
New Jersey Bell Telephone Company
New York Telephone Company
Northwestern Bell Telephone Company
The Ohio Bell Telephone Company
Pacific Northwest Bell Telephone Company
The Pacific Telephone and Telegraph Company
Bell Telephone Company of Neva da
South Central Bell Telephone Company
Southern Bell Telephone and Telegraph Company
The Southern New England Telephone Company
Southwestern Bell Telephone Company
Wisconsin Telephone Company
GERALD FORD LIBRARY
COPY
Subpena for
before the Committee on the
Served
House d Representatives
Value JUANTING OFFICE 24-087-6
CHAIRMAN
SAMUEL L. DI VINE, OHIO
JAMES T. BROYHILL N.C.
TIM LFC CARTER, KY.
TLA.
CLAMENCE J. BROWN, OHIO
Congress (ii the United States
CALIF.
JOE SKUBITZ, KANS.
FA,
JAMES M. COLLINS, TEX.
House of Representatives
N.Y.
LOUIS FREY, JR., FLA.
DAVID DATIENFIELD 111. VA.
JOHN Y. MCCOLLISTER, NEDR.
Committee on Interstate and Foreign Commerce
BROCK ADAMS, WASH.
NORMAN F. LENT, N.Y.
Room 2125, Rapburn House Office Pailbing
W. S. (BILL) STUCKEY, JR., GA.
H. JOHN HEINZ 111, PA.
LOB LCKHARDT, TEX.
EDWARD R. MADIGAN, ILL
Washington, D.C. 20515
MICHANDSON PREYER, N.C.
CARLOS J. MOORHEAD, CALIF.
JAMES W. SYMINGTON, MO.
MATTHEW 3. RINALDO, N.J.
CHARLES J. CARNEY, OHIO
W. HENSON MOORE, LA.
PALPH H. METCALFE, ILL.
GOODLOE E. BYRON, MD.
JAMES H. SCHEUER, N.Y.
HICHARD L. OTTINGER, N.Y.
HENRY A.JVAXMAN, CALIF.
NOT HT (Lon) KRUEGER, TEX.
June 22, 1976
TIMOTHY E. WIRTH, COLD.
PHILIP R. SHARP, IND.
WILL IAM M. ENODHEAD, MICH.
JAMES 3. FLORO. N.J.
ANTHONY TOSY MOFFETT, CONN.
JIM SANTINI, NEV.
ANDREW MAGUIRE, N.J.
MARTIN A. nusso, ILL.
W. E. WILLIAMSON, CLERK
To:
Republican Members of Subcommittee on Oversight and Investigations
From: Bernie Wunder Ofed
Re: June 22, 1976, Subcommittee Meeting
On June 16, 1976, we received a Subcommittee notice (a copy of
which is attached) dated June 15, 1976, advising us of a Subcommittee
meeting to be held on June 21, 1976. The notice is in exactly the
same language that has been utilized many times for meetings of this
sort, and the language is so broad that it could cover just about
anything. The notice specifies that the meeting will be held to con-
sider among other things "the possible issuance of subpoenas," but it
does not say who or what may require the use of a subpoena.
I called the Subcommittee Chief Counsel's Secretary, Lisa Wiles,
yesterday morning in order to ascertain if the meeting was going to be
held and what items would be considered. This has been my usual
practice, because so many of these meetings have been cancelled, for
if a meeting was to be held, I could then ascertain what was going to
be considered in order to advise the Republican Members, and obtain
their proxies if necessary. Miss Wiles advised me that the meeting
would be held but that she did not know what would be considered.
Miss Wiles, at my request, had Chief Counsel, Mike Lemov, call me con-
cerning this meeting. Mr. Lemov returned my call but advised me that
he could not divulge what the meeting would concern except that a
subpoena would be discussed. Mr. Lemov indicated that it was highly
sensitive, and he would not reveal anymore information concerning it.
As you know, yesterday's meeting was postponed until today, but we
still do not know what this meeting is about.
The relevant House and Committee rules governing notices and
agendas are as follows:
R.
FORD
GERALD
LIBRARY
2
(a) House Rule XI (a) (3)
"Each committee of the House (except the
Committee on Rules) shall make public announce-
ment of the date, place and subject matter of
any committee hearing at least one week before
the commenc ment of the hearing. If the com-
mittee determines that there is good cause to
begin the hearing sooner, it shall make the
announcement at the carliest possible date.
Any announcement made under this subparagraph
shall be promptly published in the Daily Digest.
(b) Committee Rules 3 and 4(a)
"Rule 3. Agenda for Meetings. The agenda
for committee and subcommittee meetings, setting
out all items of business to be considered, shall
be furnished to each member of the committee by
delivery to his office at least two (2) calendar
days in advance of the meeting.
Rule 4. Procedure. (a) The date, time,
place, and subject matter of all meetings of the
committee or any of its subcommittes will be
announced at least 1 week in advance of the
commencement of such meetings."
As you will note, especially in Rule 3 of the Committee Rules,
the requirement is that each member receive an agenda "setting out all
items of business to be considered." The Chairman has advised us via
the Subcommittee notice that a subpoena will possibly be considered,
but he will not divulge any of the specifics in advance, not even
informally. The procedure now being utilized certainly violates the
spirit if not the letter of Rule 3.
The questions are first, how can a member possibly make an
informed and thoughtful judgement on the merits of an issue when he
does not even know what is under consideration. Additionally, he is
given no time to probe the merits of what is being considered and must
by necessity rely upon the judgement of the Chairman and his staff.
Second, the rules (Rule 7 of the Committee Rules) allow for the casting
of votes by proxy. How could any member in good conscience give his
proxy to another member when he is not even aware of the subject matter
to be voted upon?
"Fundamental fairness" would at a very minimum seem to require
that the members be given a better notice than we have been receiving.
BW:jc
FORD : GERALD LIBRARY
NINETY-FOURTH CONGRESS
Room 2323
RATIORN HOUSE Orrice r ILDING
JOHN C. MOSS, CALIF., CHAIRMAN
PHONE (262) 223-4441
AND L. OTTINGER, H.Y.
JANES M. COLLINS. TEX.
AT (2011) KNUEGER, TEX.
NORMAN F. LENT, N.Y.
MICHAEL M. LIMOV
CNY TOBY MONTETT. CONN.
MATTHEW 3. HINALDO, NJ.
CONGRESS OF THE UNITED STATES
CHILF COUNSEL
ANTINI. NEV.
W. HENSON MOONE, LA.
(3ILL) STUCKEY. GA,
SAMUEL L. DEVINE CHIO
HOUSE OF REPRESENTATIVES
J. THOMAS CREENE
S H. SCHEUER, N.Y.
(a OFFICIO)
COUNSEL TO THE CHAIRMAN
Y A. WAXMAN, CALIF.
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
P R. SHARP. IND.
EW MAGUIRE, N.J.
OF THE
EY O. STAGGERS, W. VA.
X OFFICIO)
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
WASHINGTON, D.C. 20515
June 15, 1976
SUBCOMMITTEE NOTICE
To the Members of the Subcommittee on Oversight and
Investigations:
There will be a meeting of the Subcommittee at 2:00 p.m.
on Monday, June 21, 1976, in 2218 Rayburn House Office
Building to consider the possible issuance of subpoenas,
compliance with subpoenas and other requests for infor-
mation, future hearings and investigations, and house-
keeping matters. In addition, the Subcommittee may
consider any reports which may be ready for Subcommittee
consideration; copies of such reports will be transmitted
to the Members prior to the meeting,
JOHN E. MOSS, alsy Chaivman
1cw
FORD i QERALD LIBRARY
NINETY-FOURTH CONGRESS
ROOM 2323
RAYBURN House OFFICE BUILDING
JOHN E. MOSS, CALIF., CHAIRMAN
PHONE (202) 223-4441
RICHARD L. OTTINGER, N.Y.
JAMES M. COLLINS, TEX.
ROBERT (son) KRUEGER, TEX.
NORMAN F. LENT, N.Y.
MICHAEL R. LEMOV
ANTHONY TODY MOFFETT, CONN.
MATTHEW J. RINALDO, N.J.
CONGRESS OF THE UNITED STATES
CHIEF COUNSEL
JIM SANTINI, NEV.
W. HENSON MOORE, LA.
W. 5. (BILL) STUCKEY, GA.
SAMUEL L. DEVINE OHIO
HOUSE OF REPRESENTATIVES
J. THOMAS GREENE
JAMES H. SCHEUER, N.Y.
(EX OFFICIO)
COUNSEL TO THE CHAIRMAN
HENRY A. WAXMAN, CALIF.
PHILIP R. SHARP, IND.
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
ANDREW MAGUIRE, N.J.
OF THE
HARLEY o. STAGGERS, W. VA.
(EX OFFICIO)
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
WASHINGTON, D.C. 20515
June
July 23, 1976
SUBCOMMITTEE NOTICE
To the Members of the Subcommittee on Oversight and
Investigations:
Pursuant to the previous Subcommittee Notice dated
June 15, 1976, scheduling a Subcommittee meeting for
the purpose of issuing a subpoena and pursuant to the
subpoena to the American Telephone and Telegraph Com-
pany duly issued at the Subcommittee meeting on Tueday,
June 22, the Subcommittee will hold a hearing at 10:00 a.m.
on Monday. June 28 1976, in 2218 Rayburn House Office
Building, (as provided in the subpoena) to receive the
materials described in the subpoena from the American
Telephone and Telegraph Company.
The hearing will not be held in the event the materials
are produced in a timely fashion as provided in the
subpoena.
JOHN E. MOSS, May Chairman
1cw
FORD i GERALD LIBRARY
I'm Callens the to Kentah on wed.
Callas has from putre the to Wonder t sand Juster
wants to call Splen, Rhobes, 0 will x Staggers
Brooks (summ) that he apposed Bella father this info
Return date Johnson June 25th
ATTr wants up extenseon of time for compleance
Vate on 9 / (9 Devis)
H. Moore present - Krugs absent)
Subfocna not issued through F.C. - hat see Read.
P.O Paner Johnsonts to usne as leargism came
of ashland Oil vs FTC. - Dr cf of appeals
Personal q Py ATT in bein 8 complex as
on June 28th
Moss lta to ATT to desrejand Lilley + insect name
feasting p- Lillely not I sure Mar.
Mike Lemor- Moss pr. plays Man - hogo Allen Street
ahatt - 457-3848 - Michay Magnine sec
Than Cate Muts again June 28
Chase ATT because ATT can it in challenge the pubpacua
mg
Thoos Aubente - OrI -
Met Then June 22, at 1pm.
FORD : GERALD LIBRARY
Purpose of meeting was solily for purpose of issurance of oulysem
Masson 6r top - alyng Hp - G Bella crich infor Learned
ME grow + Maggett n non
no notice to Month - Wenson Mark raned Q why
were taps fre + post 1969 t member for handling tap requests
Gop had no knowledge - ATT called Bermis Thes Like
Instructalbud (Bat Kukuh) to Bermi hundred talk were
Subcommittee on Oversight and
Investigations
of the
Committee on Interstate and
Foreign Commerce
U.S. House of Representatives
94th Congress
GERALD ? FORD
Selected Provisions of the Rules of the House
of Representatives and Other Provisions Appli-
cable to the Activities of the Subcommittee on
Oversight and Investigations
SELECTED PROVISIONS OF THE RULES
OF THE HOUSE OF REPRESENTATIVES
AND OTHER PROVISIONS APPLICABLE
TO THE ACTIVITIES OF THE SUBCOM-
MITTEE ON OVERSIGHT AND
INVESTIGATIONS
NINETY-FOURTH CONGRESS
RULE X. ESTABLISHMENT AND JURISDICTION
OF STANDING COMMITTEES.
1. There shall be in the House the following
SUBCOMMITTEE ON OVERSIGHT AND
standing committees, each of which shall have
INVESTIGATIONS
the jurisdiction and related functions as-
JOHN E. MOSS, CALIF., CHAIRMAN
signed to it by this clause and clauses 2, 3,
RICHARD L. OTTINGER, N.Y.
JAMES M. COLLINS, TEX.
ROBERT KRUEGER, TEX.
NORMAN F. LENT, N.Y.
and 4; and all bills, resolutions, and other
ANTHONY TOBY MOFFETT, CONN.
MATTHEW J. RINALDO, N.J.
matters relating to subjects within the juris-
JIM SANTINI, NEV.
W. HENSON MOORE, LA.
W. S. (BILL) STUCKEY, GA.
SAMUEL L. DEVINE, OHIO
diction of any standing committee as listed in
JAMES H. SCHEUER, N.Y.
(EX OFFICIO)
HENRY A. WAXMAN, CALIF.
this clause shall (in accordance with and sub-
PHILIP R. SHARP, IND.
ject to clause 5) be referred to such commit-
ANDREW MAGUIRE, N.J.
HARLEY o. STAGGERS, W. VA.
tees, as follows:
(EX OFFICIO)
MICHAEL R. LEMOV, CHIEF COUNSEL
*
*
*
*
*
(1) Committee on Interstate and Foreign
Commerce.
(1) Interstate and foreign commerce
generally.
(2) Inland waterways.
(3) Interstate oil compacts and petro-
leum and natural gas, except on the pub-
lic lands.
(4) Railroads, including railroad la-
bor, railroad retirement and unemploy-
ment, except revenue measures related
thereto.
1
(5) Regulation of interstate and for-
committees shall have oversight respon-
eign communications.
sibilities as provided in paragraph (b).
(6) Regulation of interstate trans-
(b) (1) Each standing committee (other
mission of power, except the installation
than the Committee on Appropriations and
of connections between Government wa-
the Committee on the Budget) shall review
terpower projects.
and study, on a continuing basis, the applica-
(7) Securities and exchanges.
tion, administration, execution, and effective-
(8) Consumer affairs and consumer
ness of those laws, or parts of laws, the sub-
protection.
ject matter of which is within the jurisdiction
(9) Travel and tourism.
of that committee, and the organization and
(10) Public health and quarantine.
operation of the Federal agencies and entities
(11) Health and health facilities, ex-
having responsibilities in or for the adminis-
cept health care supported by payroll
tration and execution thereof, in order to de-
deductions.
termine whether such laws and the programs
(12) Biomedical research and devel-
thereunder are being implemented and car-
opment.
ried out in accordance with the intent of the
*
*
*
*
*
Congress and whether such programs should
GENERAL OVERSIGHT RESPONSIBILITIES
be continued, curtailed, or eliminated. In addi-
2. (a) In order to assist the House in-
tion, each such committee shall review and
(1) its analysis, appraisal, and execu-
study any conditions or circumstances which
tion of (A) the application, administra-
may indicate the necessity or desirability of
tion, execution, and effectiveness of the
enacting new or additional legislation within
laws enacted by the Congress, or (B)
the jurisdiction of that committee (whether
conditions and circumstances which may
or not any bill or resolution has been intro-
indicate the necessity or desirability of
duced with respect thereto), and shall on a
enacting new or additional legislation,
continuing basis undertake future research
and
and forecasting on matters within the juris-
(2) its formulation, consideration,
diction of that committee. Each such commit-
and enactment of such modifications of
tee having fifteen or more members shall
or changes in those laws, and of such ad-
establish an oversight subcommittee, or re-
ditional legislation, as may be necessary
quire its subcommittees, if any, to conduct
or appropriate, the various standing
oversight in the area of their respective juris-
2
3
diction, to assist in carrying out its responsi-
bilities under this subparagraph. The estab-
ing of a committee shall be paid from the con-
lishment of oversight subcommittees shall in
tingent fund of the House.
no way limit the responsibility of the subcom-
*
*
*
*
*
mittees with legislative jurisdiction from
QUORUM FOR TAKING TESTIMONY
carrying out their oversight responsibilities.
(h) Each committee may fix the number of
*
*
*
*
*
its members to constitute a quorum for taking
RULE XI. RULES OF PROCEDURE FOR COMMIT-
testimony and receiving evidence, which shall
TEES.
be not less than two.
1. (a) (1) The Rules of the House are the
*
*
*
*
*
rules of its committees and subcommittees SO
far as applicable, except that a motion to re-
CALLING AND INTERROGATION OF WITNESSES
cess from day to day is a motion of high privi-
(j) (1) Whenever any hearing is conducted
lege in committees and subcommittees.
by any committee upon any measure or mat-
(2) Each subcommittee of a committee is
ter, the minority party members of the com-
a part of that committee, and is subject to
mittee shall be entitled, upon request to the
the authority and direction of that committee
chairman by a majority of them before the
and to its rules SO far as applicable.
completion of the hearing, to call witnesses
(b) Each committee is authorized at any
selected by the minority to testify with respect
time to conduct such investigations and stud-
to that measure or matter during at least one
ies as it may consider necessary or appro-
day of hearing thereon.
priate in the exercise of its responsibilities
(2) Each committee shall apply the 5-min-
under rule X, and (subject to the adoption of
ute rule in the interrogation of witnesses in
expense resolutions as required by clause 5)
any hearing until such time as each member
to incur expenses (including travel expenses)
of the committee who SO desires has had an
in connection therewith.
opportunity to question each witness.
(c) Each committee is authorized to have
printed and bound testimony and other data
INVESTIGATIVE HEARING PROCEDURES
presented at hearings held by the committee.
(k) (1) The chairman at an investigative
All costs of stenographic services and trans-
hearing shall announce in an opening state-
cripts in connection with any meeting or hear-
ment the subject of the investigation.
4
5
(2) A copy of the committee rules and this
(8) In the discretion of the committee, wit-
clause shall be made available to each witness.
nesses may submit brief and pertinent sworn
(3) Witnesses at investigative hearings
statements in writing for inclusion in the
may be accompanied by their own counsel for
record. The committee is the sole judge of the
the purpose of advising them concerning their
pertinency of testimony and evidence adduced
constitutional rights.
at its hearing.
(4) The chairman may punish breaches of
(9) A witness may obtain a transcript
order and decorum, and of professional ethics
copy of his testimony given at a public session
on the part of counsel, by censure and exclu-
or, if given at an executive session, when au-
sion from the hearings; and the committee
thorized by the committee.
may cite the offender to the House for con-
tempt.
POWER TO SIT AND ACT; SUBPOENA POWER
(5) If the committee determines that evi-
(m) (1) For the purpose of carrying out
dence or testimony at an investigative hear-
any of its functions and duties under this
ing may tend to defame, degrade, or incrimi-
rule and rule X (including any matters refer-
nate any person, it shall-
red to it under clause 5 of rule X), any com-
(A) receive such evidence or testi-
mittee, or any subcommittee thereof, is au-
mony in executive session;
thorized (subject to subparagraph (2) (A)
(B) afford such person an opportunity
of this paragraph)-
voluntarily to appear as a witness; and
(A) to sit and act at such times and
(C) receive and dispose of requests
places within the United States, whether
from such persons to subpena additional
the House is in session, has recessed, or
witnesses.
has adjourned, and to hold such hearings,
(6) Except as provided in subparagraph
and
(5), the chairman shall receive and the com-
(B) to require, by subpoena or other-
mittee shall dispose of requests to subpena
wise, the attendance and testimony of
additional witnesses.
such witnesses and the production of such
(7) No evidence or testimony taken in
books, records, correspondence, memo-
executive session may be released or used in
randums, papers, and documents, as it
public sessions without the consent of the
deems necessary. The chairman of the
committee.
committee, or any member designated by
6
7
IN THE COMMITTEE ON INTERSTATE AND FOREIGN
such chairman, may administer oaths to
COMMERCE SUBCOMMITTEE JURISDICTION
any witness.
(2) (A) A subpoena may be issued by a
Resolution Offered in Full Committee Session by Mr. Dingell,
committee or subcommittee under subpara-
and Agreed to, February 26, 1975
graph (1) (B) in the conduct of any investi-
Resolved by the House Committee on Interstate
gation or activity or series of investigations
and Foreign Commerce that the standing Subcom-
or activities, only when authorized by a ma-
mittees of the Committee, the Subcommittee Chairmen
jority of the members of the committee.
and the Subcommittee membership shall be as follows:
(B) Compliance with any subpoena issued
I.-Subcommittees:
by a committee or subcommittee under sub-
(1) Subcommittee on Communications
paragraph (1) (B) may be enforced only as
Jurisdiction: Interstate and foreign communica-
authorized or directed by the House.
tions, including all communications by satellite,
broadcast, radio, common carriers, interstate com-
munication by wire and such jurisdiction over com-
munications and media as in the jurisdiction of the
full committee.
(2) Subcommittee on Oversight and Investigations
Jurisdiction: Responsibility for oversight of agen-
cies, departments and all programs within the juris-
diction of the full committee and to conduct such
investigations within such jurisdiction. [Note: This
subcommittee would not have legislative jurisdiction.
The committee's legislative subcommittee would have
parallel responsibility to conduct oversight in their
assigned areas.]
(3) Subcommittee on Energy and Power
Jurisdiction: Energy matters within the jurisdic-
tion of the full committee, and jurisdiction over all
petroleum, natural gas, and electrical power issues.
(4) Subcommittee on Health and the Environment
Jurisdiction: Public health and quarantine; hos-
pital construction; mental health and research; bio-
medical programs and health protection in general,
including medicaid and national health insurance;
foods and drugs; drug abuse; Clean Air Act and en-
vironmental protection in general.
8
9
(5) Subcommittee on Consumer Protection and
IN THE COMMITTEE ON INTERSTATE AND FOREIGN
Finance
COMMERCE
Jurisdiction: Jurisdiction over consumer protection
HOUSE OF REPRESENTATIVES
in general, including toxic substances, product safety,
motor vehicle safety, securities and exchanges (the
Mr. Staggers offered the following resolution
SEC), the regulation of trade (the FTC), and in-
Considered, amended, and agreed to
surance.
(6) Subcommittee on Transportation and Com-
merce
Jurisdiction: Regulation of travel and tourism, in-
April 17, 1975
terstate and foreign commerce generally, and all mat-
ters related to inland waterways, railroads, railroad
retirement, railway labor, solid waste disposal and
noise pollution control.
Resolution
Resolved, That in accordance with Rule XI, clause
2 (m) of the Rules of the House of Representatives,
the Subcommittee on Oversight and Investigations,
Subcommittee on Communications, Subcommittee on
Energy and Power, Subcommittee on Health and the
Environment, Subcommittee on Consumer Protection
and Finance, and Subcommittee on Transportation
and Commerce are authorized to require, by subpoena
or otherwise, the attendance and testimony of such
witnesses and the production of such books, records,
correspondence, memorandums, papers, and docu-
ments as they deem necessary, in the conduct of such
subcommittees of any investigation or activity or
series of investigations or activities within their juris-
diction as set forth in Rule X, clause 1(1) of said
House Rules and the rules and procedures of the Com-
mittee on Interstate and Foreign Commerce. Sub-
poenas may be issued over the signature of the chair-
man of the committee, or any member designated by
him, and may be served by any person designated
by such chairman or member.
This delegation of subpoena power by the commit-
tee to subcommittees may be revoked at any time
by majority vote of the committee after due notice and
with a quorum present pursuant to the committee
rules.
10
11
MARSIA
JUN 25 1976
Assistant
Attorney General
STATE TO DOMINA JUSTITIA OF
June 25, 1976
Mr. Philip W. Buchen
Mr. John O. Marsh, Jr.
Counsellors to the President
Dear Jack and Phil:
Attached is a memorandum
prepared by Bob Keuch of the
Criminal Division which describes
in some detail the national security
implications of compliance with the
Moss subpoena. We will furnish you
with additional materials as they
become available.
Sincerely
REX Ref E. LEE
FORD i LIBRARY GERALD
FACT SHEET: Moss Subcommittee
Subpoena
The subpoena calls for all records in the custody
or possession of AT&T which relate to non-Title III
wiretaps, that is, which relate to all wiretaps conducted
without a judicial warrant. The most sensitive of the
classes of documents that would be producible under the
subpoena are letters directed to AT&T by the Director of
the Federal Bureau of Investigation as a part of the
procedures followed by the Executive Branch in conducting
foreign intelligence surveillances authorized by the
Attorney General acting on behalf of the President. This
will briefly outline those procedures and set forth the
types of information that would be placed in jeopardy by
the disclosure of the letters demanded by this subpoena.
When a foreign intelligence surveillance is considered
necessary by the FBI, the CIA, the NSA or other appropriate
government entities such as the NSC or the State Department,
a recommendation is forwarded to the Attorney General, via
the FBI, setting forth the basis for the surveillance, the
information held by the Executive Branch which would indicate
that the surveillance falls within our announced policies
concerning electronic surveillance and certifying that the
R. FORD LIBRARY
-2-
surveillance is necessary for the national security.
If the Attorney General approves the surveillance, his
approval is forwarded to the FBI who conducts all electronic
surveillances instituted within the continental limits of
the United States pursuant to Attorney General authorization
and irrespective of which particular intelligence agency
initiated the request. The FBI then presents a letter
signed by the Director of the Federal Bureau of Investigation
to AT&T. This letter, a copy of which is attached, states
that the Director has been authorized by the Attorney General
to conduct a specific surveillance for foreign intelligence
purposes and identifies the surveillance in one of three ways.
First, the surveillance may be identified by the listing
of the specific telephone numbers to be surveilled; second,
the surveillance may also be identified by the listing of
the specific addresses that are to be covered by the surveil-
lance; and third, such surveillance may be identified by
use of technical terms referring to AT&T lines or junction
points. This third method is used in a very, very small
percentage of the surveillances, and, in any case, AT&T
maintains public records of its line numbers which could
also identify specific locations or individuals which were
the subject of warrantless surveillances.
-3-
While the Subcommittee subpoena anticipates records
both prior to, and subsequent to, 1969, the letter
procedure just described has only been in effect since
1969 and records would not, in all probability, be
available concerning pre-1969 surveillances. The post-1969
surveillances would include those domestic security
warrantless surveillances that were authorized by the
Attorney General and conducted prior to the Supreme Court
decision which held that such domestic security sur-
veillances were unconstitutional, U.S. V. Keith, and the
records of such surveillances present no security problems
and the Executive Branch would have no objection to their
production to the Subcommittee. However, the remainder of
the surveillances are all foreign intelligence surveillances
and the disclosure of the subject of those surveillances
would have extremely serious national security and foreign
policy repercussions.
First, the letters would disclose the identity of
each foreign Embassy, foreign Mission, or other foreign
entity such as a foreign government controlled corporation
which is, or has been, the subject of our intelligence
interests. While it may well be that it is a well-accepted
fact that as part of our intelligence and counter-intelligence
FORD
-4-
activities we conduct electronic surveillances of
Embassies, etc., a public confirmation of this fact would
seriously impact on our foreign relations and would
provide those governments whose interests are inimical
to ours with propaganda and negotiating resources that
would be very harmful to our national security.
Also disclosed would be the identity of those
individuals who are, or have been, the subject of such
surveillances. Under the Executive Branch's clearly
announced policy, we will only conduct such surveillances
when we have reason to believe that an individual is an
agent of a foreign power or is aiding and abetting a
foreign power in clandestine activities, including
espionage, sabotage, or terrorism. Identification of
those individuals we have surveilled will point out not
only the agents we know about, but would be counter-
intelligence information to our enemies since it would
indicate those agents whom we have not identified.
Moreover, often the individual being surveilled as a
foreign agent is a deep-cover agent whose identity could
only come from a very small or select group of sources
and disclosure of our knowledge of the agent's existence or
CORD
-5-
identity would seriously jeopardize extremely important
agents or sources of ours.
Situations may also exist in which foreign powers
are utilizing residences or buildings other than the
official Embassy and Mission buildings to conduct business
in a secure manner. The letters would disclose those
locations which we have identified as being used in this
manner.
FORD
DATE
ADDRESSEE
Dear Mr.
In connection with an investigation being conducted
by the Federal Bureau of Investigation, under its lawful and
established jurisdiction, it is requested that you furnish to
the Federal Bureau of Investigation, at the usual commercial
rates, the facilities or services set out below. This request
is made upon the specific written authorization of the Attorney
General of the United States as a necessary investigative tech-
nique under the powers of the President to protect the national
security against actual or potential attack or other hostile acts
of a foreign power, to obtain foreign intelligence information
deemed essential to the security of the United States, or to
protect national security information against foreign intelligence
activities, in connection with an investigation of organizations
or individuals suspected to be agents of or acting in collabora-
tion with a foreign power. Your cooperation in this matter will
be greatly appreciated.
It is requested that private line facilities be fur-
nished as follows:
From:
To:
You are not to disclose the existence of this request.
Any such disclosure could obstruct and impede the investigation.
Very truly yours,
Clarence M. Kelley
Director
[July 1976
Honorable John E. Moss
Chairman
Subcommittee on Oversight and Investigations
Committee on Interstate and Foreign Commerce
House of Representatives
Washington, D.C.
Dear Mr. Chairman:
I have been advised that your Subcommittee has
served American Telephone and Telegraph Co. with a
subpoena requesting records in their possession relating
to certain electronic surveillances. A vast majority of
the records demanded by the subpoena are documents
utilized by the Executive Branch to request the
necessary technical assistance to conduct national
security surveillances and to inform AT&T that the
surveillances have been specifically authorized by the
Attorney General, acting on behalf of the President,
for the purposes of foreign intelligence.
The relationship between the U.S. and AT&T in this
instance is one in which the Government can achieve
its objectives only through the agency of a private
company. Accordingly, the documents subpoenaed came
into the possession of the company only because of the
company's indispensable role as an agent in effecting
Government policy, and would not have been supplied but
for that indispensable role. Under these circumstances,
the Government has a responsibility to inform you
concerning damage to the interests of the United States
that would result from AT&T's compliance with your
subpoena.
The information requested in the subpoena would
require the disclosure of the targets of foreign intelligence
national security electronic surveillances conducted by
the United States through the agency of the Bell System
companies. Any identification of the foreign powers
and agents who are the subjects of surveillance would
do grave and irreparable damage to the diplomatic
relations and foreign intelligence operations of the
United States.
I believe that the Subcommittee' desire for information
concerning the use of national security wiretaps can be
accommodated by means other than delivering the specific
materials you have requested. Indeed, the records
requested are primarily form letters indicating the
subject or location of surveillances. They would not
provide any factual information concerning the purposes
for which these surveillances were authorized. As it is
the latter rather than the former that would best serve
the legislative purpose underlying your inquiry, I
would like to discuss with you alternative means by
which the legitimate needs of your Subcommittee could be
met -- means that would be less potentially damaging
to the national security.
I am confident that the Executive can satisfy
the Subcommittee's needs. Toward that end, I would
propose that a meeting be held at the earliest possible
time. In the meantime, it would of course be necessary
for you to extend the compliance date for the subpoena
lest the harm occur before we have the opportunity
to discuss alternative means of supplying information.
In light of the imminence of the compliance date, I
would appreciate a response no later than noon on
Tuesday, June 29, 1976.
[July 1976?]
AFFIDAVIT
City of Washington )
) SS.
District of Columbia)
ROBERT L. KEUCH, being duly sworn, deposes and says:
1. I am Deputy Assistant Attorney General for the Criminal
Division of the Department of Justice. As part of my official
duties, I am responsible for reviewing all applications for
authorizations to conduct electronic surveillances involving the
national security, and, following such review, to submit my views
as to whether such applications should be approved.
2. As a result of these responsibilities, I am familiar with
the procedure followed for the authorization by the Attorney General,
acting for the President, of electronic surveillance for foreign
intelligence purposes and the information produced pursuant to such
procedures.
An intelligence agency recommending to the Attorney General
the use of electronic surveillance to protect the national security
against actual or potential attack or other hostile acts of a foreign
power, to obtain foreign intelligence information deemed essential
to the security of the United States, or to protect national security
information against foreign intelligence activities must submit a
memorandum to the Director of the Federal Bureau of Investigation
(FBI) explaining the need for, and scope of, the proposed surveillance
If the Director of the FBI approves the request, it is then forwarded
to the Attorney General. As noted above, all applications must be
approved personally by the Director of the FBI, regardless of whether
that agency is the initiator of the application.
3. Upon receipt, the Attorney General refers all applications
to me for review. I advise the Attorney General whether in my view
the application satisfies the current criteria of the President and
the Department of Justice for approval. The application and my views
are returned to the Attorney General, who is personally responsible
for acting for the President and either approving or rejecting the
application.
4. If the application is approved by the Attorney General,
the FBI institutes the requested surveillance. Since information
intercepted is moved from the point of interception to the point
of monitoring via leased telephone lines, a "leased line" or
"national security request" letter (a sample of which is appended
as Attachment I) is provided to the local American Telephone and
Telegraph (AT&T) affiliate, identifying by phone number, address, or
other numeric indication the location from which the leased line
runs to the location at which the intercept is collected -- usually
the local FBI field office. These letters have been used for all
requests directed to AT&T for leased intercept lines since 1969;
prior to that time, requests were routinely handled verbally between
established contacts within the government and the Bell System.
5. Any dissemination of the information relating to the
national defense following the word "from" in the second paragraph
of the national security request letter would immediately reveal the
location of the target line and, in virtually all cases, the identity
of the object of the surveillance. Such disclosure would terminate
various intelligence and counter-intelligence programs, would identif
and endanger informants and double-agents currently supplying
FORD
- 2 -
information, and would reveal the technical capabilities of the
United States in capturing such information. Such disclosure would
close off valuable sources of information important to our national
defense and national security. It would also severely hamper the
conduct of our relations and affairs with foreign powers. In short,
disclosure of the targets and nature of all foreign intelligence
national security electronic surveillances over the past eight years
would do irreparable and inestimable damage to the foreign relations
and foreign intelligence systems of the United States. Similarly,
disclosure of earlier records or internal Bell memoranda containing
Grave
such identifying information would cause irreparable and inestimable
damage to the national security.
6. Specifically, disclosure of the demanded documents would
(a) disclose the identity of each foreign Embassy, foreign Mission,
or other foreign entity such as a foreign government-controlled
corporation which is, or has been, the subject of our intelligence
interests. While it may well be that it is a well-accepted
fact that as part of our intelligence and counter-intelligence
activities we conduct electronic surveillances of Embassies, etc., a
public confirmation of this fact would seriously impact on our foreign
relations and would provide those governments whose interests are
inimical to ours with propaganda and negotiating resources that
would be very harmful to our national security; (b) disclose the
identity of those individuals who are, or have been, the subject
of such surveillances. Under the Executive Branch's clearly announce
policy, we will only conduct such surveillances when we have reason
to believe that an individual is an agent of a foreign power or is
aiding and abetting a foreign power in clandestine activities, includ:
espionage, sabotage, or terrorism. Identification of those individual
- 3 -
FORD
are inimic I to a
national internets
we have surveilled will point out not only the agents we know about,
freign powers whose insuess or policies.
but would be counter-intelligence information to A enemies since
it would indicate those agents whom we have not identified. Moreover
often the individual being surveilled as a foreign agent is a deep-
cover agent whose identity could only come from a very small or
select group of sources and disclosure of our knowledge of the agent':
existence or identity would seriously jeopardize extremely important
agents or sources of ours; and (c) disclose a knowledge of locations
Á
and, of course, conversly, disclose those "Safe" locations of which
we
are not aware, which foreign powers are utilizing, other than the
official Embassy and Mission buildings, to conduct business in a
secure manner.
7. In view of the considerations set forth above, and based on I
knowledge of our procedures and my participation in conferences with
senior representatives of the Central Intelligence Agency, the
National Security Agency, the Federal Bureau of Investigation, the
National Security Council, and with the Attorney General, it is my
considered judgment that any disclosure of the subjects of our
foreign intelligence electronic surveillance efforts would cause
irreparable damage to the conduct of our foreign affairs and to
our national security.
FORD
- 4
FILE
THE WHITE HOUSE
WASHINGTON
July 8, 1976
MEMORANDUM FOR:
JACK MARSH
FROM:
CHARLES LEPPERT, JR.
ex.
SUBJECT:
Moss Subcommittee on
Oversight & Investigations
This is in response to your request for a status report on the
article which appeared in the Washington Star entitled,
"Ford, Tap Probers at Odds".
I have talked with Jim Milligan on the subcommittee staff in
the absence of Mike Lemov. Milligan states that they have
spent most of the day, July 8, negotiating with Erwin Goldbloom
at Justice on the information needed by the subcommittee to
conduct its investigation.
Milligan was not aware of the article which appeared in the
Washington Star, but indicated that Rep. Moss did make a
statement in California to the Sacramento Bee Newspaper.
I then read Milligan the Star article which he felt was
substantially the same as that which appeared in the Sacramento
Bee. He states Moss's position would be one in which the
subcommittee wants the information it feels necessary to
conduct its investigation with a sincere interest in protecting
the national security and names of individuals where necessary.
Moss feels that there is a congressional responsibility in this
matter and that he intends to give up no congressional
prerogatives.
Milligan then advised me that the June 20 date in the Star
FORD
article was incorrect and should read July 20, the date on
which the extension of the subpoena expires. Milligan states
that negotiations with Justice thus far have not produced an
agreement and that the basic problem is one in which the
subcommittee is operating from a lack of information, whereas
the Administration or Justice Department has all the
information. He states the FBI does not want to give up names,
- 2 -
dates and telephone numbers of the taps and the subcommittee
takes the position, "if they refuse to do this, how can the
subcommittee determine whether it was a domestic or foreign
intelligence tap". Justice is going to write up its understandings
of today's discussion and negotiations and the subcommittee
staff will do the same and go back to their principals to determine
if there are possible areas of agreement.
Milligan did indicate that if the information is obtained under the
subpoena, the subcommittee staff will have to take the time to
match names and addresses with telephone numbers and it was
anticipated that some agreement could be worked out where the
Administration would give them such information without
requiring them to go through the matching process.
Milligan says that the documents have now been placed in a vault
of a Washington bank by AT&T pending the outcome of negotiations.
If no agreement is reached by July 20, Milligan says Moss intends
to enforce the subpoena and the materials pursuant to the
subpoena will be accepted by the subcommittee in executive
session.
FORD
FRED
jul 2.1975
UNITED STATES DISTRICT COURT
JAMES F. DAVEY, CLERK
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,
)
)
Plaintiff,
)
75- 1372
)
V.
)
Civil Action No.
)
AMERICAN TELEPHONE & TELEGRAPH
)
COMPANY: JOHN G. FOX,
)
Vice-President; ALLAN SHARRETT,
)
Executive Assistant,
)
)
Defendants.
)
TEMPORARY RESTRAINING ORDER
This matter having come before the Court on the
Motion of the United States for Temporary Restraining Order,
and the Court having considered the Complaint, the invocation
of executive privilege President Gerald R. Ford embodied in
the letters dated July 22, 1976; the Affidavits of James B.
Adams, Deputy Associate Director -- Assistant to the Director,
Federal Bureau of Investigation, George Bush, Director of
Central Intelligence, and Robert L. Keuch, Deputy Assistant
Attorney General, United States Department of Justice, and
the supporting Points and Authorities, and having heard
counsel thereon, it is, therefore, this 22rd day of July
,
1976, hereby
ORDERED
That the defendants, their officers, agents, servants,
employees, and attorneys, and all those in active concert or
participation with them, be and hereby are restrained for a
period of ten (10) days from the date hereof from trans-
mitting or otherwise providing to the Subcommittee on Oversight
A
1/22/70
BERALD FORD LIBRARY
and Investigations of the Committee on Interstate and
Foreign Commerce, United States Ilouse of Representatives, or
any other person, group, or entity, any documents or materials
which are or may be determined to come within the scope of
the Subpoena issued to the defendants on June 22, 1976. The
reason for the issuance of this Order is the protection of
these materials pending a determination of the Motion for
Preliminary Injunction. The Court finds that the disclosure
of the material which defendants threaten to supply would be
seriously detrimental to the national security and foreign
relations of the United States. Such disclosure would
reveal intelligence sources and methods, thereby foreclosing
important avenues- of vital foreign intelligence and would
cause serious diplomatic embarrassment to the United States
with a consequent impairment of its foreign relations interests.
Such injuries are not compensable by any legal proceedings
after such disclosure would take place.
IT IS FURTHER ORDERED
That plaintiff's Motion for Preliminary Injunction
shall be brought for hearing before this Court at 28ᵗʰ day
of July , 1976, at 10am or at such other time or
place as may be set by the Court.
niner Garch
UNITED STATES DISTRICT JUDGE
Issued at 6. p.m., July 22.d , 1976.
United States District Court
for the District of Columbia
A TRUE COPY
JAMES E. DAVEY, CLERK,
By
Deputy Clerk
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BERALB FORD LIBRARA