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 SELECT COMMITTEE ON ASSASSINATIONS NINETY-FIFTH CONGRESS LOUIS STOKES, Ohio, Chairman RICHARDSON PREYER, North Carolina SAMUEL L. DEVINE, Ohio 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- 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___ 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 letters rogatory by a congressional com- 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- Page 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 3. Memorandum on reliance on a secrecy agreement for which a 4. Letter from the Central Intelligence Agency authorizing individ- G. Memorandum on the ability of a witness to refuse to obey a con- 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 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- 430 2. Memorandum on the powers of a committee to disqualify an at- 439 B. Issues arising from James Earl Ray's guilty plea : 1. Memorandum on legal remedies currently available to James 526 2. Memorandum on finality of convictions based on guilty pleas__ 554 604 C. Memorandum on the extent of responsibility of the FBI to protect civil rights leaders such as Dr. King-. 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 690 2. Memorandum on the ability of the Government to acquire and 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) |