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HEARNAP — Part 28
Page 63
63 / 500
Re: HEARNAP
Cooke to Gallagher Memo _— - . ar
oo ; . -
t gn ! ~ The decision not to comply fully witht the court ;
r at this time was made by Department of Jistice attorneys
don Alvey and Guy Goodwin due to the followings. |~ :
~
_ {1) ’ The judge's court order has been determined 7
“to ‘be contrary’ to case law established to date and~it is ~
felt, , unreasonable. in its depth. ~
(2) .A full compliance ‘of this order could quite
_ * possibly bring forth an evidentiary hearing and- ‘thereafter .
a require a complete ‘justification. of#methods utilized and
the accuracy of same. ©
oN tys i rie =
ae (3) That full compliance would serve to set a
-. precedence which other District Attorneys could cite to
further. complicate and stall future ‘grand:jury and trial
peestimony., oo - es
oo , (4) Furnishing the complete modus operandi
eer utilized ‘by the FBI in making ELSURT checks both at field
Bao eee Headquarters “whose have. an adverse effect on. other Federal
s
”, If the ‘court does: not 20 along with the affidavits
‘submitted (as prepared) a: decision at that time will have to
be made by the Department of Justice as to whether we should
comply fully or withdraw the subpoenas issued for Shinnick.
and | Metner.
ageda Cf PAA létter confirming the ‘Department’ B opinion in
oa this matter, te, being p prepared.
: pire See : “etree Pp ne nye gs Cr . BE — S555
: ween ¥e if ee. Seer was wt ta, Neate ge
Me Ay Pipa sas ene ae 2%, ns ae ae ! ovG wet OVS a3 Secewetxcas at Emig eetres na
~et 5
frig ones x
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