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al Counsel Memorandum to The Associate Diréctor : United States of America v. - In Re Grand Jury Proceedings _ . ad _ 7 . Ss] allowing witnesses’ counsel to issue , ‘subpoenaes without ¢ cynotification to court and blank subpoena forms provided | “for this purpose. Philadelphia speculated subpoenaes - Lo “May be issued for Bureau. and/or Department of Justice 2... 02.3). 07). ._ officials. In refusing to testify, the witnesses have’ =: -.. ~ic¢ited recent | derogatory information “about FBI activities.” BT By ‘airtel: dated Septembér.’9, 1976, Washington © . ‘Field Office advised copies of attached subpoena oy _,commanding appearance of Director Kelley to testify on . a September 17, 1976, received same date from U. Ss. Marshals ~ Service, Washington, D.C. - Co m3 ear iho et On ‘September. 13, 1976, a ‘copy of subpoena was. furnished and brought to the attention of David Hopkins, Criminal Division, Department of Justice. Mr. Hopkins subsequently<advised that upon receipt "Of the above copy he Gontacted Larry Kelly, Assistant . <U.S. Attorney for the MiddlewDistrict of Pennsylvani. jhandling captioned matter ‘and directed him to prepare --:and enter a Motion to Quash instant subpoena. Mr. Hopkins = ~ladded that Assistant U.S. Attorney Kelly was not -.. aware of the subpoena and although the presiding Judge — iin captioned matter is presently out of the District, © “he would.make every effort to effectuate a Motion to- \. Quash das, the ‘Subpoena appears to be an attempt to duplicate*defenses previously raised and already adjudicated, S pale