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HOUSE of REPRESENTATIVES-Thursday, January 20, 1977 the House Met at 10: 25 A.M

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HOUSE of REPRESENTATIVES-Thursday, January 20, 1977 the House Met at 10: 25 A.M 1856 CONGRESSIONAL RECORD- HOUSE January 20, 1977 gation. He had not been given ''use immu­ jump, summer '76 marked the cnmax of a As a crowning blow, the FBI had Shinnick nity," a. prosecutorial device that effectively grand jury inquisition. subpoenaed before a federal grand Jury. He removes the Fifth Am.endment rights against As this Report goes to press, Shinnick and refused to testify, and the FBI backed off­ self-incrimination of the person granted such a 22-year-old friend, sportswriter J.a.y Weiner, momentarily. immunity. a.re headed for jail. Officia.liy, Shinnick and But a year later, in May, 1976, the Bureau But Mr. Shinnick 's refusal, not to answer Weiner are going to jail because in August renewed the subpoena. pressure. Weiner, who grand jury questions but to give the F.B.I. they refused to supply evidence to a Scran­ hadn't been able to find a journalism job be­ materials it otherwise could not legally have ton, Pa. federal grand jury that is supposed cause of the adverse publicity, was called obtained, has resulted in his imprisonment to be investigating the harboring of one-time before a Scranton grand jury which had six for civil contempt. His incarceration, which fugitive Pa.tty Hearst. more months to run than the Harrisburg began Nov. 30, could last for the life of the Actually, Shinnick and Weiner are going panel that had been investigating the Hearst grand jury-until next July-and could be to jail because silence and non-cooperation case. The switch to Scranton added six resumed if the same drama is played out be­ are their only ways of saying "no" to the months to the contempt confinement hang­ fore a successor grand jury. Meanwhile Rut­ FBI harassment which has, for the past 18 ing over Weiner's head if he refused to testify. gers has announced that it "will stop pay­ months, left their lives and careers in a Shinnick, informed he was a target of the ment of his salary for as long as he remains shambles. The FBI suspects that Shinnick investigation, was ordered to provide the unable to meet his classes." and Weiner were involved in the Pennsyl­ same grand jury with his fingerprints as well What is this Kafkaesque nightmare all vania farmhouse where Pa.tty Hearst took as samples of his handwriting and hair. about, and how could it happen in a coun­ refuge in 1974. Instead of indicting the two The two immediately challenged the sub­ try where, supposedly, grand juries are pro­ for their alleged role, however, and giving poenas. Shinnick was an Air Force veteran, vided to protect citizens from the arbitrary them a chance to defend theinselves, the and the government already had his finger­ use of government power? government has, in effect, already decided to prints and handwriting on record. Since hair Apparently, the F.B.I. suspects Mr. Shin­ punish them-with the grand jury. samples are notoriously poor indices of per­ nick of having been involved in, or at least The FBI first broke into Jay Weiner's life sonal identification, Shinnick's subpoena of knowing something about, the alleged har­ in February, 1975. Weiner was staying at his struck observers as retaliation for his earlier boring of Patricia. Hearst in a Pennsylvania pa.rents' Philadelphia home when agents ap­ silence. farmhouse in 1974. The Government told his proached and began questioning him a.bout In Weiner's case, the government looked attorney that the Air Force fingerprints and Patty Hearst. Weiner, who felt the FBI was as if it was out to dress rehearse testimony handwriting samples would not be "good trying to set his friends up for an indict­ from Weiner for use in the prosecution of his enough" to use in a trial-which makes it ment, exercised his legal right not to answer. friends, Jack and Micki Scott. The Scotts, clear that the grand jury was being used to "We have other ways of getting it out of well-known sports activists, have not yet force Mr. Shinnick to provide evidence that you," one of the agents then threatened, and been indicted for their widely alleged role might be used against him in court. the first "other way" ca.me two weeks earlier. in harboring fugitive Patty Hearst, even Mr. Shinnick, who ls more radical politi­ FBI agents forced Weiner's car off the road, though the government, judging from its cally than the F.B.I. thinks proper, in turn threatened him with their guns and closeted leaks to the press, has had enough evidence suspects that the F.B.I. wants the hair clip­ him in a nearby office the rest of the evening to indict them for months. But grand juries pings and other exemplars in order to con­ for interrogation, all the while ignoring are not permitted to investigate cases where coct a frameup linking him criminally to Weiner's repeated requests to see a lawyer. an indictment has already been handed Patty Hearst or those who protected her. Two days later a thoroughly intimidated down-the government, if they were, could He contends also that the subpoena sum­ Weiner was hauled before a Harrisburg, Pa. use the grand jury subpoena power to dis4 moning him to the grand jury was based federal grand jury where he answered ques­ cover a defense's trial strategy-and the gov­ on a wiretap put on his telephone and an­ tions. ernment's delay in indicting the Scotts seems other on his attorney's telephone. Meanwhile, Shinnick got his first FBI visit clearly a move to sidestep this prohibition. However that may be, the Shinnick case March 4, the day after he had had a phone The supervisory court, however, refused to is one more in a lengthening pattern of bla­ conversation with Weiner. Shinnick also re­ quash the subpoenas in September. It ignored tant government use of grand juries for in­ fused to talk, but the FBI agents came back the evidence of FBI misconduct and quisitorial rather than accusatory purposes. again-and again-to try to get him to manipulation of the grand jury process-as The late Senator Philip Hart once said that change his mind. have most courts in similar circumstances grand juries now were being commonly used "I was not merely visited," he remembers, "to conduct political surveillances and build over recent years-and, by doing so, helped to "I was stalked." encourage further abusive FBI behavior. dossiers in the guise of investigating spe­ The stalking wasn't enough to break Shin­ cific offenses" and it seems clear that that nick's silence, so the Bureau started leaking That's because FBI agents lack subpoena is about what the Government tried to do Shinnick's name to reporters covering the power of their own, In theory, at least, they in the Shinnick case. Hearst affair. That generated newspaper re­ must rely on persuasion to gain a witness' Attorney General Levi nevertheless strongly ports a.round the country linking Shinnick to cooperation. In reality, however, FBI agents resisted reform legislation debated in Con­ Patty Hearst. The newspaper articles, cou­ do control subpoena. authority-the grand gress last session. That legislation will be pled with FBI visits to the Rutgers Univer­ jury's. As long as courts permit the FBI to sity campus where Shinnick taught, cost the introduced again next year and the Shinnick exercise this authority, agents can be as former Olympian his job as Rutgers' director heavy-handed as they choose with witnesses. case may give it new urgency-but hardly of sport studies. enough to get him out of prison before July. The FBI wasn't through. Shinnick learned Should a witness object to "third-degree" that his friends had been contacted by FBI treatment by refusing to answer questions, OLYMPIC SPmIT, FBI-STYLE-Two FACE JAIL agents and told he was involved in the Hearst FBI agents need merely have the witness subpoenaed before a grand jury where he or FOR RESISTING HARASSMENT case. Other friends said that letters Shin­ nick had mailed to them arrived apparently she must testify or go to jail. For star athletes the world over, summer already opened. On numerous occasions, And so long as the FBI retains this access '76 meant the glory of the Olympics. But clicks and other tell-tale signs of wire-tap­ to the grand jury's subpoena power, there for Phil Shinick, a 1964 U.S. Olympian and ping disrupted Shinnick's phone conversa­ won't be much meaningful reform of the one-time world record holder in the long tions. grand jury--or the Bureau. HOUSE OF REPRESENTATIVES-Thursday, January 20, 1977 The House met at 10: 25 a.m. called may be one people under Thee, united "Members whom the lust of office does to order by the Speaker pro tempore, Mr. in liberty and with justice for all. MAHON. not kill; Bless our President with Thy most ''Whom the spoils of office cannot buy; gracious favor. Give him courage and "Members who possess opinions and a PRAYER confidence, health of body and mind, will; The Chaplain, Rev. Edward G. Latch, wisdom to make sound decisions and a D.D., offered the following prayer: vital faith in Thee which will enable him "Who have honor, who will not lie; Blessed is the nation whose God is the to lead our Nation in the ways of right­ "Tall Members, sun-crowned, who live Lord.-P.sal.ms 33: 12. eousness, peace, and good will.
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