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Memorandum to Mr. Belmont Re: UNKNOWN SUBJECTS; MICHAEL HENRY SCHWERNER, ET AL. ADDENDUM: 9/25/64 AR:ge We have ascertained that Judge O, H. Barhett, State Circuit Court Judge, who we now understand is not a brother of the former Governor but is a cousin of the former Governor of Mississippi, was contacted in line with previous advice of Burke Marshall of the Civil Rights Division concerning the subpoenas that were issued against the nine Agents. Burke Marshall stated that we should tell the local authorities that with reference to these : subpoenas for state appearance we would be unable to testify before any grand = jury in state court inasmuch as we were under subpoena in a Federal court t in connection with the presentation of material before a Federal grand jury at Biloxi, Mississippi, In line with this, we contacted the Judge, who was | unavailable yesterday, anc he was most cordial and was not critical of the FBI, Po ST oe PR TA ‘at a et or . Va . a = ty : He indicated that the Department should have released the testimony buts requested and that he felt a Departmental representative should appear before the state grand jury and state the Department's position. Our Agent made no comment concerning this except to indicate that we were being guided by the Department's wishes in this matter and any request which was made would have to be referred to the Department for appropriate consideration, Insofar as the nine subpoenas are concerned, they are addressed the Jackson Division, The Department has advised us that the Attorney General plans to send a telegram to SAC Moore instructing him in the manner in which the subpoenas should be answered and he is having prepared individual instructions to each Agent concerning the manner in which they are to answer the subpoena, A copy of such instructions will be obtained from the Department just as soon as they are prepared, b?C ACTION TAKEN: The Department has been adyj the identity of the foreman of the local grand jury, He is bie. Burke Marshall has been advised of the Judge's comments to the effect that he felt the Department should release testimony to the grand jury e Same ae Be ge ae Rn nd a is dei hile ea, Rae oe ee aes Aa