from the microfilm archive at the Counterintelligence Analysis Detachment, Hoffman Building, Alexandria, Virginia. Four years later these assurances proved to be false because forbidden records were retained [DA Press Release, Jan. 10, 1975, Exhibit B, infra]. 11. 1970-1973. Army intelligence participated in meetings of the Intelligence Evaluation Committee, a secret domestic intelligence unit set up pursuant to plans initiated by Tom Charles Huston of the White House staff. The original decision memorandum, signed by President Richard M. Nixon on July 15, 1970, and never formally revoked, directed the carrying out of burglaries and illegal wiretapping. The use of military undercover agents (except on authority of the Under Secretary of the Army) was supposedly barred by the decision memorandum, but other forms of participation by military intelligence services, including the interception of international telephone communications and surveillance of American civilians overseas, were not prohibited [Text republished, New York Times, June 7, 1973, p. 36; exception; TAG Letter, June 9, 1970, subject: Collection, Reporting, Processing, and Storage of Civil Disturbance Information, p. 4]. 12. Summer 1973. Disclosures occurred of widespread surveillance by the Army of the political activities of American civilians in West Germany, including wiretapping, mail opening, undercover agent penetration of civilian groups, and compiling and dissemination of reports on individual civilians and their activities. The Army at first denied these reports, but later admitted the truth of many of them and claimed that most forms of the surveillance were being discontinued. 13. February-December 1974. The complaint on Berlin Democratic Club, et al., v. James R. Schlesinger, et al. was filed, including substantial documentary evidence of the Army's surveillance of American civilians in West Germany. During the course of the year the Army revised its evidentiary submissions to the Court, claiming that it had discovered "new facts" which indicated that the scope of the surveillance at issue was broader than first disclosed. 14. April 1974. Robert Jordan, former Army General Counsel who investigated the unauthorized domestic intelligence operations, testifies before Subcommittee on Constitutional Rights: "...my experience has been that it is extremely difficult for appointed civilian officials to deal with middle-level career military intelligence officials and get a straight story" [Military Surveillance. Hearings before the Subcommittee on Constitutional Rights, Committee on the Judiciary, U.S. Senate, April 9, 1974, p. 15]. 15. January 1975. The Department of the Army disclosed that its microfilm archive had not been properly purged [Exhibit B, infra]. NBC News disclosed that a forbidden data bank on civilian political activity was transferred by the Army Intelligence Command to the National Security Agency (a military intelligence agency) and the CIA in 1970 in violation of the order directing its destruction [Transcript, Exhibit A, infra]. 16. On the basis of the foregoing facts, I submit that unilateral assurances by the Army that its surveillance of the constitutionally protected political activities of American civilian citizens has ceased are not credible. CHRISTOPHER H. PYLE. Sworn to before me this 18 day of January 1975. EXHIBIT A SIDNEY JANOFF, Notary Public. NBC NIGHTLY NEWS, FRIDAY, JANUARY 10, 1975-ROWAN/CIA NBC News has learned that the Federal Government's vast computer network permits the CIA and the White House to retrieve raw intelligence data on thousands of American citizens. Much of the data was gathered by Army intelligence in the period from the Korean War until 1971, when the Army said it discontinued its domestic surveillance program. But the Defense Department said today that it still has intelligence information on American citizens in the Army computer file which should have been purged in 1971. However, a Defense Department spokesman conceded that "purged" material would not be destroyed if it still is useful. A source who has worked at high levels in both the CIA and the Defense Department said valuable intelligence records are never destroyed; that discussions were held in 1971 to turn them over to the CIA. Today the Defense Department denied that the Army domestic surveillance files were transferred and the CIA declined comment. But the files would not have to be physically transferred. Sources familiar with the computer network said that the CIA could receive information directly because its computer is interconnected with others, including the National Security Agency's "Harvester" computer at Fort Meade, Maryland. The White House is also connected to the system and can retrieve raw data from at least 6 computers. The Secretary of the Army has today notified the Congress that the Army, in the course of its continuing review of its investigative activities, has ascertained that the files of one of its Washington, D.C. offices contains some information relating to activities of American civilians, which should have been purged before now under the applicable Defense Department and Army directives. The file containing this information is a microfilm library in a counterintelligence analysis and research office, the index to which is computerized. While Congress was advised in 1971 of the existence of this file, and that the purging of unauthorized information might not be complete, the Army further indicated that the index would be modified so as to prevent retrieval. This may not have been completely accomplished and this is the reason for the Secretary of the Army's statement today. Through the 1960's, the Army, under the direction of competent civilian authority, collected information on individuals and organizations not affiliated with the Army or the Department of Defense primarily relating to the civil disturbances of that period. This led, as the record shows, to inquiries by the public and to Congressional hearings. Beginning in 1969, the Secretary of the Army began tightening up on this surveillance and information gathering on U.S. civilians and organizations not affiliated with the Department of Defense. The Secretary imposed further restrictions in 1970, as did the Secretary of Defense. In March 1971, a Defense Department directive was published which prohibited surveillance and information gathering on nonaffiliated U.S. civilians and organizations except in very limited circumstances. That directive has recently been extended by the Army to cover investigative activities overseas. In implementing these prohibitions, it has been necessary to screen all investigative files for the purpose of eliminating from those files information collected prior to 1971 which could not be retained ander the new guidance. The file in question was screened in 1971 and this fact was reported to the Congress. Review of the file has now disclosed, however, that that screening did not result in the elimination of all information acquired before the effective date of the new regulations in 1971 on nonaffiliated civilians which should not have been retained under the new regulations. In addition, there is material in the file which was acquired subsequent to promulgation of the new regulations in 1971, but which is now outdated and should have been destroyed. On the basis of a limited search to date, nothing has been found in the file to indicate that the Army has engaged in any surveillance of U.S. civilians within the United States in violation of DoD regulations subsequent to the promulgation of these regulations in 1971. The improperly retained information is contained with material on foreign intelligence services, foreign terrorist groups and the like. The computerized index to this microfilm library, which indexes the material by the names of the persons or organizations to which the information relates and by topical event. and which led to this discovery, has been operational only since June, 1974. Indications at this time are that access has been limited and tightly controlled. The Secretary of the Army today directed that a number of steps be taken with regard to this matter. First, he has directed that the entire file be rescreened on a priority basis for the purpose of eliminating all material on United States civilians not affiliated with the Department of Defense which is not retainable under current regulations. A task force is now at work on this screening. Second, since this screening will take some time, he has directed in the interim that no one be permitted access to this file except for the purpose of screening it, or with his personal approval. Third, he has directed that an investigation be conducted to determine responsibility for the failure to keep this file in compliance with the DoD and Army regulations. Finally, the Secretary of the Army has requested the Chief of Staff of the Army to communicate today to all Army commanders worldwide the importance which he places on total compliance with the regulations governing collection and retention of information on American civilians. The Secretary reemphasized in his letter to Congress that the existence of this file was called to his attention as a result of the Army's implementation of Defense Department standards and procedures regarding investigative activity and files. He also emphasized that the information in this file is outdated and does not indicate any prohibited surveillance by the Army of United States civilians subsequent to the 1971 policy announcement. He indicated that he believed the disclosure of this file and the steps being taken with regard to it illustrate the Army commitment to assuring full compliance with the Defense Department policy prohibiting military surveillance of US civilians. [From the Washington Post, November 1975] FAILURE TO DESTROY FILES PROBED SPYING DATA RETAINED BY ARMY The Army announced yesterday that it has discovered counterintelligence files on political dissenters that were supposed to have been destroyed under a 1971 Defense Department directive. The announcement by Army Secretary Howard H. Callaway indicates that the files on dissenters, contained in some 400 microfilms, are now being destroyed and that an investigation of the episode is in progress. Callaway said the files, which contain the results of military surveillances of American civilians conducted prior to 1971, relate mainly to civil disturbances. A Defense Department spokesman said the civilian spying by the military was also targeted against draft resistance movements, GI coffeehouses and other anti-Vietnam war activities. The announcement said that the Army "has ascertained that the files of one of its Washington, D.C., offices contains some information relating to activities of American civilians which should have been purged before now..." Callaway advised Congress of the existence of the surveillance files in 1971 and promised that the material would be expunged from its records. Late last month, however, the Army discovered that some 400 microfilms of files were still in its active files. Material had, in fact, been added to the file subsequent to the pledge that the files would be purged, the Army learned. Callaway stressed, however, that the Army has not carried out any surveillance of civilians since the 1971 decision to prohibit it. The change in policy was prompted by congressional hearings and press accounts of the military spying program. Army officials said the lapse in management to counter intelligence recordkeeping policies came to light within the Defense Department. An inspectorgeneral investigation was immediately ordered. A number of civil damage suits have been filed against the Defense Department as an outgrowth of the surveillances which were conducted throughout the 1960s. The suits call upon the Army for production of any records in its files that might relate to individual cases. "We're checking to see whether this came about through inadvertance or whether it was done deliberately," said one Army official. "There is nothing at this time to suggest that there was any illegal surveillance or file-gathering." In a related development a senior government intelligence official acknowledged yesterday that the CIA had accumulated at least two sets of files on American citizens who figured in civilian disturbances and war protests in the late 1960s and early in the Nixon administration. One of those files was compiled in response to requests by the Justice Department for overseas checks on U.S. citizens who were targets of internal security investigations. This was a list variously estimated at 9,000 to 12,000 names. Another list of some 10,000 names was also assembled by the CIA as a result of requests by domestic intelligence agencies for information from abroad on U.S. citizens. The New York Times said yesterday that well-placed sources told it a low-echelon employee of the CIA sought but did not receive permission to destroy the files which the newspaper described as "illegal." In another development, AFL-CIO President George Meany commented yesterday on a report in The Washington Post that the CIA read his correspondence with two international labor aides, Jay Lovestone and Irving Brown. "Obviously I have no way of knowing if my mail was surreptitiously intercepted or read by the CIA or anyone else. If this did happen (and I have no reason to believe that it did) I would resent it very much. "I am opposed," Meany said, "to the illegal interception of the mail of any American citizen by anyone at any time for any purpose." [From the Washington Star-News, October 1975] ARMY FILES YIELD DATA ON CIVILIANS The Army has announced it has found some intelligence information on political activities of American civilians in a microfilm library nearly four years after records were supposed to have been purged. Secretary of the Army Howard Callaway ordered the file, located in a Washington counterintelligence analysis and research office, to be "rescreened on a priority basis for the purpose of eliminating all material on United States civilians not affiliated with the Department of Defense which is not retainable under current regulations." Callaway also ordered that, while the screening is under way, "no one be permitted access to this file except for the purpose of screening it, or with his (Callaway's) personal approval." Callaway said the information on activities of U.S. civilians in the microfilm library was discovered in the course of what he called a "continuing review of investigative activities by the Army." "The improperly retained information is contained with material on foreign intelligence services, foreign terrorist groups and the like," Callaway added. Congress was informed of the existence of the file in 1971, and was told at that time that if all the information were not purged at least the index would be altered to prevent use of the information. The existence of the computer index was contrary to that pledge, and prompted yesterday's announcement, the Army explained. Meanwhile, the Army secretary said, he has ordered an investigation "to determine responsibility for the failure to keep this file in compliance with Defense Department and Army regulations." Those regulations, issued in March 1971, barred Army intelligence surveillance and gathering of information on U.S. civilians and organizations not affiliated with the Defense Department. "On the basis of a limited search to date," Callaway notified Congress, "nothing has been found in the file to indicate that the Army has engaged in any surveillance of U.S. civilians within the United States in violation of Defense Department regulations subsequent to the promulgation of these regulations in 1971." EXHIBIT 15 DEPARTMENT OF JUSTICE, Bufile: 100-469538 Reference: Memorandum dated and captioned as above, at Miami, Florida. All sources (except any listed below) whose identities are concealed in referenced communication have furnished reliable information in the past. THOMAS KING FORCADE On February 25, 1972, it was determined that one Richard Dowling is the owner of Mediagraphics, 125 108th Avenue, Treasure Island, Florida, a firm specializing in art work for advertising agencies. Dowling was overheard to say that Tom Forcade from New York City had visited St. Petersburg, Florida, for two days on February 11-12, 1972. Dowling at the time described Forcade as a representative of the Youth International Party (YIP) or "Yippie" and also remarked that he understood "Yippie" had recently changed its name to "Zippie". Forcade remained at the Edgewater Beach Motel in St. Petersburg. The purpose of his visit to St. Petersburg was to observe a youth registration rally in St. Petersburg on February 11, 1972. It was at this rally that Dowling met Forcade. Forcade learned from Dowling that the latter did art work, and this perpetrated a prolonged conversation between Dowling and Forcade about the possibility of Mediagraphics doing some artwork for the Zippies in connection with their participation in the forthcoming Democrate National Convention in Miami, Florida. The real purpose of Forcade's visit to St. Petersburg was to evaluate the drive and enthusiasm of Florida youth politically and to assess how much the Zippies can count on them in their Miami plans. Forcade indicated to Dowling that he, Forcade, intended to leave St. Petersburg for a visit in Miami, in order to make arrangements in connection with Jerry Rubin. Forcade told Dowling that Zippie had little organizational structure in Florida and that it was going to be necessary for them to utilize most of the other New Left groups in the State in connection with the Democratic National Convention Zippie activities. MM T-1, 2/25/72. The Youth International Party (YIP), also known as "Yippies", is a loosely-knit, anti-establishment, revolutionary youth organization formed in New York City in January, 1968. Abbe Hoffman and Jerry Rubin, on February 18, 1970, were found guilty of Antiriot Law violations that arose from activities during the Democratic National Convention at Chicago, Illinois, in August, 1968. Pending an appeal they were released on bond by the United States Court of Appeals, Chicago, Illinois. The YIP National Congress, scheduled for May 26-28, 1972, at Miami, Florida, was cancelled. Tom Forcade (YIP factional leader) in its place scheduled a threeday conclave at his residence, 3113 Mary Street, Coconut Grove, Miami, Florida. The conclave was to begin with a "banquet" at that address. A planning and strategy session would be held the following day. MM T-4, 5/26/72. The YIP conclave commenced on the evening of May 26, 1972, at the residence of Tom Forcade, 3113 Mary Street, Coconut Grove, Florida. Approximately 25, the majority from Madison, Wisconsin, were in attendance. Admission was restricted to individuals known to Forcade. The conclave was totally disorganized. Nothing was accomplished. Discussions centered around previous YIP activities and previous arrests of those present. A number present indicated a displeasure at the cancellation of the YIP-NC. They stated they may leave Florida the following day. MM T-4, 5/27/72. The planning and strategy session of the YIP conclave was held at the home of Tom Forcade in Coconut Grove, Florida. It commenced at 2:00 P.M. with approximately 40 in attendance. Rubin and Hoffman were expected to attend. Attempts were to be made to work out the differences between these two factions. Hoffman and his supporters arrived at the meeting and commenced to stage an obvious, well-planned attack against Forcade. They blamed him for all the difficulties and factional divisions within the YIP. Considerable time was devoted to a discussion of Forcade's public claim that he was not paid sufficiently for corroborating with Hoffman on the book entitled "Steal This Book". A decision was made to submit this controversy to a panel of "Movement" people rather than to a court of law. Virtually the entire meeting was devoted to the vicious attack on Forcade. The arguments against him were well timed and effective. A motion was passed censuring Forcade for not privately resolving the issue concerning the book. He was expelled from the YIP and was specifically named a "police provacteur and/or a maniac". This motion passed by a vote of 32 to 3 with four abstentions. The "people's court" ruled against Forcade but told Hoffman to pay him $1,500.00. Hoffman did but marked the check "paid in full". Forcade, believing he would not have a claim any more against Hoffman under New York law if he accepted the check, turned it back to Hoffman's lawyer. Reportedly he is now suing Hoffman for $30,000.00 in a court of law. Forcade at times acted like a "wild man". At one point he picked up a pair of scissors and severely carved up the paneling of a wall in the house where the conclave was being held. MM T-4, 5/27/72. |