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a 7 oh oe Sea OEY fF ; ae cue . . . . on . Mr. Herbert Monte Levy | a a a oe re Attorney and Counselor atLaw .. -—s. ar ii 170 Fifth Avenue er . oe . New York 10, New York ——- Dear Herb: I wish to acknowledge your letter of Apr: enclosing your memorandum of March 22nd captione} I do appreciate your writing us prior to sending out Miadesie letter because the last sentence of paragraph 4 which reads, "A person who is under - surveillance even though an arrest may not be expected is in practice considered to be one whose arrest is contemplated" is not accurate. ~ ae . This statement is most objectionable and is certainly an inaccurate statement. For example, an individual might appear at a _ given point where a suspect was scheduled to appear. He might be surveilled a block or two and then to ascertain his identity he might be -: interviewed briefly, merely to clear the record, and certainly there would | , be no contemplation of arrest under any consideration. I think it would: be most inaccurate to circulate this sentence in its pre sent form. roe) You will, of course, recall that in ‘each instance whére action . is initiaféa the- ‘facts are presented either to the U. S. ‘Attorney or .Departmental; officials and-pnly under the rarest of circumstances would an, arrest be made withouftsub mitting the facts.” With best wishes, ’ Tolson Boardman Nichols __ Belmont —___. Harbo Mohr Parsons Rosen _____. Sisco =" .ptm:jec (3) - Vinterrowd Tele. Room __ Holloman mney if Hae GANG ae