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aoe a eS nee HA otis . *, | ad f 74 Mr. Apa. I do not think that there were improper actions taken under the program, even under the program as it existed. Mr. Kelley has 20 stated his recognition of that fact. The Attorney General cer- tainly has, Yet the majority of the actions taken, even the Department concluded were lawful and legal, proper investigation activities, but are-—-—— e Senator Harr of Michigan. You see, my feeling is that it isn’t a qu tion of techniques that are bad. The concept of the program seems to do violence to the first amendment because everything you did sought to silence someone or threaten someone to silence, or deny someone & ~ platform, or create an atmosphere in which people were in fact afraid to assemble. Now, sometimes law enforcement. legitimate law enforce- ment, has what we call this chilling effect, when it is legitimate law enforcement. Oftentimes that chilling effect is a necessary, though regretable, side effect. But what I am talking about, and what these files are full of, are actions the only purpose of which is to chill. It isn’t in pursuit of any crime at all. Indeed, when a court of general jurisdiction approved the use of that university premise ] speaker, the Bureau had stirred so much controversy with its anonymous letters, when that judge wrote an order, after the sponsor- ing group went to court, what was the Bureau's reaction from head- quarters? Investigate the judge. Mr. Apaws, I’m not familiar with that fact, Senator Harr of Michigan. Well. neither was I until last night. Mr. Apasra. The instruction was to investigate the judge Senator Harr of Michigan. This is the sort of thing that I came out of the hospital to find, and it is the sort of thing, as I said yesterday, that my children have been telling me for years you were busy doing, and I simply didn’t believe them. And they were right and I was wrong. Mr. Apams. Well, there were about 3.200 activities. and about 2.300 I believe or so were approved under the COINTELPRO, and over 59 percent were addressed to the Communist Party. That leaves 1,000. And out of 1,000, perhaps, I don’t know what the actual figure was of ones that just clearly stand out as improprietous under the pro- _ . even as it existed at the time, but I do feel that—well, it is a very difficult area. Senator Hart of Michigan. My time is up, too, I am sure, but regarding the Communist Party, if your theory continues to be that any socially active group of citizens who organize. whether women’s libbers or fight the bomb or anything else, might be a target for infiltration by the Communist Party and therefore you can move in your agents. That means, almost not as an overstatement, that any and every citizen's activity could be made the target of the kind of activity that I have just described, because every individual is apt. during his lifetime, to engage in violence. If that is justification, then you are justified in running surveillance on everybody, Mr. Apams, Weill. that was not—— Senator Huagr of Michigan. Everybody has that privilege, and that clearly is a police-state concept. - Mr. Apams, That is not our criteria. ; Senator Harr of Michigan. All right, but if the criteria is three or four of us get together and we have a sort of nutty idea, just the kind of thing the Communists would like to exploit, and therefore you