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~y g ~ Memorandum for Mr. Callahan Re: SURREPTITIOUS ENTRIES INVOLVING DOMESTIC TARGETS The question of legal representation was discussed and it was Mr. Pottinger's feeling that those Agents desiring legal representation should be provided private-counsel at Government expense. This matter would have to be resolved with the Civil Division, however, before a final determination could be made. A more troublesome area was discussed nding ant hh waters me ol 4 ms which is the situation where an indictment might be returned at which time a conflict of interest might require the Government to cease providing counsel or funds for private counsel, This answer would likewise have to be resolved should such a situation develop. Mr. Pottinger suggested that a memorandum be Sent to ali offices cautioning that appropriate files and records should be maintained to insure no hindrance to the inquiry. Such a communication will be submitted for approval. Mr. Pottinger advised that the purpose of the inquiry would also be to determine if there are any other cases of surreptitious entries taking place in the domestic field within the past five years unrelated to approved electronic Surveillances, and he was advised that we had canvassed all SACs, Section Chiefs and above in this regard. Mr. Kelley advised Mr. Pottinger that he was most interested in getting this matter resolved once and for all and had been in the process of issuing instructions to have each Agent on the rolls asked as to whether he has any personal knowledge of such matters. Mr. Pottinger advised that he would prepare a proposed question in this regard and then would vet together with us to review our proposed questionnaire to determine exactly the type of inquiry to be made of euch Avent. Mr. Pottinger felt that approximately ten Agents would be needed to complete these investigations. He suggested that he be furnished the names of 15 or 20 possible candidates from which group he would select the ten to be utilized. He requested that the Agents selected not ever have had service in New York, Washington Field, or Domestic Intelligence Division, nor should they ever have been engaged in surreptitious entries in the domestic field at any time other than in connection with approved electronic surveillances. He indicated that at the time of selection by him -3- CONTINUED - Over