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Memorandum for Mr. Callahan Re: SURREETITIOUS ENTRIES INVOLVING DOMESTIC TARGETS “see personally all of the FD-302 and other results of investigative activity. Mr, Pottinver indicated he would give consideration to that. Other alternatives were discussed such as having the Secret Service or some other agency provide the investigative agents or have Departmental attorneys conduct the entire investigation; however, it was tentatively agreed that it would be best to have the FBI Agents conduct the investivation. Mr. Pottinger raised several potential problem areas. One was the tact that once active inquiries begin there was the potential of news leaks and these should be avoided if at all possible. Mr, Pottinger was very pleased that thus far the news media are unaware that there are surreptitious entries which have been determined to have taken place within the statute of limitations, It was avreed that since the matter was a pending investigative matter no announcement of this fact should be made and inquiries should be responded to by the Department as lone as possible by merely stating that the matter was under investigation. A discussion was had as to whether the Church Committee should he advised that surreptitious entries took place within the statute of limitations or whether it would be more appropriate to notify the new Senate Oversight Committee and the Eastland Committee of this fact. Mr. Pottinger indicated that he wanted to vive further thought to this matter before reaching a conclusion, It was avreed that current case law indicated that the proper manner of proceeding would be to advise the affected agents of their rights as well as of the fact that their choosing to exercise their rights would not be used against them administratively. Those Agents choosing to exercise their rights against self incrimination could then be advised, after a deter - mination is made by the Departmental attorneys involved, that they are being vranted use immunity or transactional immunity and, therefore, must answer questions posed by the investigator. His failure to answer questions after having been vranted immunity would subject him to a charge of insubordination which could result in his dismissal. - -2- CONTINUED - OVER