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y -_-~ ATLANTA YOUTH MURDERS QUESTIONS AND ANSWERS 1. I believe you told the Congress that the Bureau had a "tenuous" jurisdiction under the Federal Kidnapping Statute and the Justice Department concluded there was “no basis for a civil rights investigation". On what basis did the Federal Government have the authority to investigate the Atlanta slayings? Title 38, USC, 1201 and 1202 provide that it is a violation of federal law to unlawfully kidnap an individual) Without that individual's consent when that person is held for ransom or reward and when that person has been transported in interstate commerce. The law further provides that if an individual that has been kidnapped has not been released within 24 hours, a rebuttable presumption arises that that person has been transported in interstate commerce. The ahsence of any of the above listed elements of the Federal Kidnapping Statute 1m a particular case results in lack of investigative jurisdiction for the FBI. Therefore, each case has to be measured individually against the elements of the statute to determine if investigative jurisdiction exists. In the missing and murdered children's cases, a determination was made by the Department of Justice on November 6, 1950, that a preliminary investigation should be conducted by the FBI to determine if the Federal Kidnapping Statute had been violated. By memorandum dated November 6, 1980, to FBI Director William H. Webster, Attorney General Benjamin R. Civiletti adviscd as follows, "...I am now authorizing and requesting that the Bureau initiate immediately a preliminary investigation predicated on 18 USC 1201, to determine whether the four missing black children are being held in violation of the Federal Ridnapping law. In connection with that investigation, it is my expectation that the Bureau will, of necessity, be required to examine the circumstances surrounding the disappcarance of the 11 children whose bodics have been recovered". 2. Why was the FBI unable to enter the investigation initially due to lack of jurisdiction, but able to enter late with no apparent change in the facts regerding jurisdiction? As indicated in the response to Question Number One above, the determination of whether the FBI has a jurisdictional! basis to investigate a possible kidnapping matter rests upon the fact situation of the individual case. As of November 6, 1985, 15 black children from the Metro Atianta area had been inciuded, in the missing and murdered children list, however 11 of these sh,