SELECT COMMITTEE ON ASSASSINATIONS

NINETY-FIFTH CONGRESS

LOUIS STOKES, Ohio, Chairman

RICHARDSON PREYER, North Carolina SAMUEL L. DEVINE, Ohio

8/6/79

CONTENTS

Page

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____
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

123

131

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

134

137

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)

F. Issues related to perjury, false swearing, subordination, and contempt:

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

Page

225

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:

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__.

656

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...

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.

(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