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-~2-« a eg The motion to dlemlss or for summary judgment should be grounded on the doctrine of official immnity,vis., that the acts of the Federal defendants were performed in the exercise of their eines 360 U. bh within the outer perimeter of those duties. 360 U.8. 564 569, et seq. (1959); Holmes v. Eady, 341 F.2d 47T, “eel (ith Cir. 195), cert. den., 362 U.S. %92; Norton v. NcShane, 332 F.2d 855 (Sth Cir. 1964), cert. den-, 390 U.S. 981; West v. Garrett, 392 F.2a 543 (5th Cir. 1968). The motion should be supported by affidavits by each of the Federal defendants and by « higher level superior. With respect to the Preasury Department defendants, we enclose herewith copies of signed statementa by the specifically named defendant Stanley Noel as well aa by John B. Wirtele, Owen D. Bean and Earl W. Blake. These statements reflect that all their acts were performed properly and legally and in the course of their official duties. You should utilize those statencnts as the framework for the affidavits to be executed and filed © in support of the motion for summary judgment on behalf of the Treasury ; Department employees. However the affidevits by those Treasury Department «..~ defendants should expressly recite, by way of conclusion, that all their <~ acts were performed in the exercise of their official duties or within the ~.- outer perimeter of those duties. The supporting affidavit by the higher ° level Treasury Department official should recite that he has read the affidavits of the Treaeury defendants and that he concurs in their con- clusion that all their acts were performed in the exercise of their offi- cial duties or within the outer perimeter of such duties. Your memorandum of law in support of the motion to et or for summary judgement should emphasize that the doctrine of official immnity has as its rationale not only the exontration of Goverment officials and s from a civil judgment for tort Liability but elao for relieving them of the burden end expense of going to trial in defense of acts per- ; formed tn the exercise of their official duties or within the outer perimeter of such dutics. Gee Earr v. attes » 60 U.S. 564, 572 (15959); Tenney v. Brandhove, 341 U.S. 367, 377 We have requested a report from the Director of the FLI with Tespect to the acts by the specifically nancd defendant, FRI Agent Deen Ferminn, @8 well ac hie associates who may be encompassed within the "John Kilroy” altas in the complaint. Upon our receipt of such report we will forward the sane to you in order that you may prepere the necessary affidavits by the FDI defendants and their superior along the lines indi- cated above for the affidavits by the Treasury Department defendants and their superior. [errs co eee eg eee