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HEARNAP — Part 28
Page 442
442 / 500
« . :
_- at EGTSTEZ A,
_ . - 450 Golden Gate Avenue :
. Box 36015 .
zoe San Francisco, California 941 02 7 7~
May 3, 1978
sas
Mr. J. Albert Johnson
Fight Whittier Place
Charles River Park, _
Boston, Massachusetts (02114
Dear Mr. Johnson: fr
- Re UNITED/STATES av
Reference. is made to Se tear of of April 24, 1978.
In regard to your concer “Over possible release of
statements made by your client, Patricia Mearst, to Agents of
the Federal Pureau of Investigation (FBI), you are edvised
that the testimony sof Agents to whom such statements were mace,
as well as written, records made of such statements, would be
available in a civil, aétion such as the one you deseribed in
—-. -. ‘your letter only through “subpoena.
a
U.S. Justice Debartment Regulations setting forth proce
dures to be followed when a Departrent employee is served
with a subnoena ordering records or testimony are. found in
- 28 Code of Federal Regulations Section 16.21 et. seq. In
accordance, with these rerulations, any subpoena or cemand of
court received by this office ordering records or Agents’
testinony rerarding Miss Hearst would be referred, along with
all relevant facts and considerations, by this office to the
U.S. Attortiey' s 6ffice in San Francisco, which office would
in turn request anstruétions from the Justice Department
‘regarding | the.-résponse to said subpoena.
Stes
“Applicable California State Law reparding the
recorpnition of any privilere which might. be asserted by.
the Pepartment in resisting a subpoena for Department
records or emplovee testirony can be found, among other
laces, in California Cvidence Code Section 1040 and the
* Galifornia Supreme Court Case People v. Parhan, 60 C.2d ~
78 (1963).
we 4
a1 - Addressee. _ - : _
‘ -..5an Francisco (7- -855)
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