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sepa i a oe . sete Oi as the reasons for his deelination..S, ate -3] £2 Loge. | fe aa | ae yoo The Attorney General September 3, 1976 J Director, FBI 1- Mr. Ash . . 1- Mr. Decker SURKEPTITIOUS ENTRIES 1 - Mr. Gallagher CLASSIFICATION MATTER 1- Mr. Mintz In connection with the Civil Rights Division investigation into surreptitious entries, certain Agents were subpoenaed to appear before a grand jury impaneled in the Southern District of New York and the attorney for these Agents is attempting to quash the subpoenas for various reasons, including the fact that members of the grand jury have not been cleared to receive classified information and the Agents are not able to reveal such classified information pursuant to national security regulations. Special Agent ED ::. been subpoenaed, to appear before a grand jury in Washington, D. C., on September 3 1976, and although his attorney attempted to defer his appearance pending resolution of the motion in New York such action was not agreed to by the Civil Rights Division. All ONA SI NYIaSH \Ges- -SLVa LYINMOANI T1V por wal bh ELEN WLisgs 3 as advised that because the Weatherm investigation has been held by the Department Review Committee to «+. be a national security investigation, and sources and methods of a --? intelligence related thereto are classifiable, he is requesting that you be asked to resolve the conflict between his subpoena to testify and > restrictions imposed by Title 28, CFR, Sections 17.3 and 17. 64 and => Executive Order 11662. In view of the dilemma and after discussing rr the matter with his attorney, he has advised he intends to decline to © testify and hag furnished a copy of the statement he intends to make C dS Dep. AD inv. be Asst. Di In arder that this may appropriately aiviee ain sev —_V QED and other employees confronted with this situation, Fin & Fe _ respectfully request your early consideration of this matter. 1 ~ The Deputy Attorney Gene Inspection — ~ e Fr * . - ty SEP 22 1976 rien & Eval — Civil Rights Division Rec. Mgnt, y + i MAILED 2 c2p3-1976 | FBI i i, —7 ed Spec. Ine. Training JB. sent 7 fi A cert SEE NOTE, PAGE 2 MC] TELETYPE UNIT {_] FRIYOOJ