If you have issues viewing or accessing this file contact us at NCJRS.gov. ,:~J ~ 3' " "0 ~... ". \J " ........ ' I:> " 0 ~ 0 ,,~~ .. (J '~ Ii (,; I' '0 c )I Q -5'" ~ \. 0 ~~f ,~. ]',? ~\ 1/ II l 0" 0 / II 0 flli ~ " Ii 98th Congress COMMITTEE PRINT S. Plt.T. 0~' .) !i 1st Session } '~ { 98-134 ti 11.7 ~ rI ) t ;~ ~:, '. \'\. II c: I q,. , I (( <;."-." iy\ 0 \.) ,~ t o:t"~. (7 0 t " " IMPACT OF ~TORN$.~GENERAL'S GUIDELINES FOR DOME TIC SEOtmITY jINYf£!'IGATIONS I c (THE LEVI GUIDELINES) fJ f) n " I .- (] 0 t ':? , 1 ::;',- l' 0 1 0 Q " '. u 'c:::::o I c· REPORT t 'JJ '/- (~l' ~ OF THE CHAIRMAN OF THE SUBCOMMITTEE ON '--':::: SECURITY AND \:' TERRORISM II co ~ :FOR THE USE OF THE 0 ~J (' '~ 0 d COMMITTEE ON THE JUDICIARY 0 ;, I UNITED STATES SENATE ,:,,\ c ::::: " 0 '" ;:> I 0 0 t, a 0 Ir t 0 I' e " 0 'D l W f 1~1 ". NQYllJl\ffiER 1983 r c.Q <l '" 'V ,'1:;" d ~ !f\ .c.. .~ '-?? ;.::, I11 I ~ i 'i a , ~ <:) Q ! \ u.s. 90VERNMENT PRINTING OFll;ICE 1( " 1 !: \ 1 G~ ~ WASHINGTON: 1984 I .£I ~ t; () , ~ " \ >dl \') " !~l, :;;-, c7' () " " po j " ~ i ' " IF"" 1 0 " S ') h' IP I ,\ r I::" o - i" . -'''' •• , .~. ,_ •. ,... ,.. .• ..,.~, >-"~ '-•• ~. <, ' .. - . ~ " " tl (' 1 r ~" [', ,~ II .tTl / fG, \1 .J, J (/ { \ 11 I o LETTER OF TRANSMITTAL j U.S. SENATE, II SUBCOMMITTEE ON SECURITY AND TERRORISM, Washington,D.O.,No1Jemoe'l'30,1983. II lIon. STROM THURMOND, r!\ Ohairman, Oommittee on the Jwliaiary, ~ Washington, D.O. 0 DEAR MR. CHAIRMAN: As you mow, the Subcommittee on Security OOMMITTEE ON THE JUDIOIARY , and Terrorism completed its inquiry into FBI operations undertaken Ohairman . ,,' STROM THURMOND, South Carolina, " pursuant to the Attorney General's" Guidelines' for Domestic Security 1 R. I CHARLES. McC. MATHIAS, JR.," M aryan d .TOSEPHEDWARD M.BIDEN, KENNEDY, JR., Delaware Massachusetts r Investigations (Levi guidelines). The transcript8 of these 'hearings PAUL LAXALt', Nevada ROBERT C. BYRD,West VirglnljL were published in late 1982, and a subsequent followup hearing on At­ ORRIN G. HATCH, Utah HOWARD 1>1. METZENBAUM, Ohio torney General Smith's revisions to the guidelines was held on March ROBERT DOLE, Kansas DENNIS DECONCINJ., Arlz0It.a , ALAN K. SIMPSON,,,Wyoming (I PATRICK J. LEAHY, ~~rmoiit 25, 1983. The transcript of this hearing was published OIl September 6, JOHN P. EAST, North Carolina MAX BAUCUS Montana 1983. c E. GRASSLEY. Iowa HOWELL HEFLIN Alabama ~CHARLES''JEREMIAH DENTON, Alabama" ,,' To augment the first series of hearings, I believe it will prove to be ARLEN SPECTER, Pennsylvania useful to have a report pn the history of the FBI's involvement in ~I VINTON DEVANE LIDlil, Ohie! OounBe~ and, Staff Director n issues of domestic security and subversion as well as an analysis of DEBORAH K. OWE~, GeneraZ Oou1lBel practices in effect prior to the "Smith" revisions. This aIlalysis al~o SHIRLEY J. FANNING, OMe! OZerTv . covers the subcommittee hearings held on June 24, 25, August 11 arid MARK H. GITENSTEIN, Minority Qhie! Oounsel 1~,1982. 0 I . It is with pleasure tl1at I transmit to you this report. I am deeply indebted to Dr. Samuel T. Francis, of Senator John East's staff, for . " l JEREMIAH DENTON, Alabama, Ohairman his assistance in its preparation. ., PATRICK J. LEAHY, Vermont • ". v Sincerely, ORRIN"G. HATCH, Utah HOWARD M. METZENBAUM, Ohio JOHN P. EAST, North Carolina . II JEREMIAH DE~TON, JOEL S. LISKER, OMe! Oou~BeZ atUZ Staff D~rector 1 Ohairmslff; Suo,committee om FR.1N WERMUTH, OMe! OZerTv j jjeClu/rity',ainit Te'l"l'oTi81n. (II) 1 o j 1 1 o U.S. Department of Justice National Institute of Justice J (J This document 'has been reproduced exactly ~s recei~e.d from the person or organization originating it. Points of view or opInions stat~d I I" in this document are those of the authors and do. not flec~ssanly () represent the official position or policies of the National Institute of "Justice. '" c' Permi~sion to reproduce thisl'tSJl5 dglTted material has been gra~'b"ic Danam /' united States Senate to the National Crimin~Jo1ustice Reference Service (NCJRS). I i ; Further reproduction outside of the NCJRS system requires perm is- " sion of the c~t owner. ~ I1 ., II 1/) CONTENTS f,:. FOREWORD Page ) Letter ot TransInittal ______ ...,,.. ____________ ..: ________________________ ---- m Forevvord ______________________________________________________ ----- v Impact of Attorney General's guidelines for domestic secllrity investiga- This report has been prepared to accompany nve hearings held on tions (the Levi guidelines) _______________ :.. _______ .::l _________________ _ 1 the domestic. security guidelines by the Subcommittee on Security and History(A) oflIistory and authority____________________________________________________ fDr·,FBI domestic security investigations_______ _ 2 Terrorism during the 97th and 98th Congresses. Testimony received 2' (B) Authority__________________________________________________ _ 3 examined not only the language of the 1976 guidelines, but, more im­ (C) Decline in number of domestic security investigations _________ _ 5 portitntly, how that language was interpreted by FBI officials and how Impact of the Levi guidelines on domestic intelligence __________________ _ 7 the policy derived from those interpretations affected the Bureau's Need for domestic intelligence by Federal agencies ________ "'- ____________ _ 10 ability to collect intelligence on domestic groups, some of which had Need for domestic intelligence by State and local agencies ______________ _ 17 ·Significance of the "Brinks robbery" for domestic security ______________ _ 19 potential for violent activity. In hif.. testimony on June 24, 1982, Di­ Criticisms by Director Webster________________________________________ _ 21 rector Webster acknowledged that some modifications of the domestic Criticisms by former agents __________________________________________ _ 22 security guidelines might be in order and stated that, to that end, a Investigation of advocacy ____________________________________________ _ 24 ConclusionExceptions to_________________________________________________________ the Privacy Act_______________________________ ---------- _ 27 " review of the guiaelines by the FBI and the Department of Justice 29 was underway. After the subcommittee hear:ngs were completed and Domesticgence ________________________________________________________ security investigations: Lavv enforcement versus intelli- _ \) the results studied py the Department of Justice, revised guidelines 30 The nature of subversion---____________ ,-___________________;:.._..,. ___ _ 32 were prepared and submitted to the subcommittee in advance of their llecommendations ________________ ~ ___ ~~T ________________________ _ promulgation. The \~evised guidelines became effect~ve on Monday, 34 ( March 21, 1983. " '0 (VII) In an effort to summarize relevant portions of the hearings of the 'subcommittee on the guidelines, and to make this summary available in permanent form, the JUdiciary Committee has chosen to publish a committee print on the "Impact of the Attorney General's Guidelines f~r Demestic Se?urity Investigations". I am convinced that this print, WIll serve as ,an nnportant document which not only outlines the con­ cerns about the domestic security guidelines, but also makes recommen­ dations for revisions to the guidelines, which address those concerns. " STROM THURMOND, Ohairman, Oommittee on the Judiciary. i t. { 1.1 (V) II II '\ ~ I \\ J; II .0 in '. a e lalank Preceding page blank ,--- - ----;r. -- ---~ --- ----------- .--~-. \1 '() (r r c '" { ",," I .', I~ .. IMPACT OF ATTORNEY GENERAL'S GUIDELINES FOR \\P~Q~ESTIC SEOURITY INVESTIGATIONS (THE LEVI u I GUIDELINES) . II ,~; ~ ) • r~TROD~CTION ': 0. II In a~jFBI OverSIght Hearlllg before the SubcommIttee on SecurIty ili! and Terrorism on February 4, 1982, Senator John P. East suggested q tl).at the chairman schedule hearings on the"Attorney' General's GuiclB­ !I lines for Domestic Security Investigations by the FBl-the so-called 1 Levi guidelines. Judge William Webster, Director of the FBI, had stated in response to questionmg by Senator East that the FBI and 1r.t, the Department of Justice (DOJ) were currently reviewing and eval­ I'd uating the guidelines for the purpose of revising them. The chairman, as well as Senator Biden, agreed that there is a continuing' need to r evaluate the guidelines, and, the subcommittee, pursuant to its over­ t sight resPQnsibility for the FBI and its authority to investigate mat­ I ters pertinent to the internal security of the United States, scheduled l hearings on the subject ,of the Levi ¥uidelines~ The hearings were held of? on el une 24 and 25 and August 11 and 12, 1982. l' The chairman, in his introductory remarks on June 24, 1982, eJ(? o o l?lai~ed the concerns of the' sp,bcommittee and- the purpose of the ,0 hearmgs: "', i Of primary \\interest to the subcommittee will be the enect that these guidelines l}ave had on the ability of the FBI and other agencies to gatHer information or intelligence and to 1 ; "discharge their domestic security and other responsibilities.1 While praising the record OI, the FBI in the investigation or cri.'11e, 0, foreign counterintelligence, and counterterrorist activities, the chair- man noted a gap in the investigative activities of the F~I: . What seems to be missing, hOW8ver,is atterrl;ion' toorga:Jiiza..;:- ~~­ = tionsand individuals that cannot. be shdwn"to he (,pntrolled bya£oreign power, and which have not yet co:mmitted a tel'''' rorist or subversive ~ct, but which. nevertheless in re.ality may o .represent a substantIal threat to the safety of AmerIcans and, ultimately, to th~e security of this country. * * * Recogniz- ing the limitatio~s that have been imposed on the FBI, they \ t) would understand~bly attempt to hide themselves among other groups in area~ well1?rotected by the first amendment ~nd thereby escape the scrutIny of the Bureau.2 o l.'lJomestic Securlty (Levi) Guidelines, hearings before the -Subcommittee, on SecurIty and Terrorism of the Committee on the Judiciary, United Statetl Senate, 97tb Cong., 2d o sess., on the Domestic Security Investigation Quidelines, June 24, 25 : Aug. :11 and 12, 1982 o (hereInafter cited as Hearing8), p.