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The Attorney General September 3, 1976 Director, FBI AML) ae voy SURREPTITIOUS ENTRIES Pipe eg CLASSIFICATION MATTER BATES 3x. 239 2 | 3 / Souy / In connection with the Civil Rights Division investization into Surrerittious cntries, certain Agonts were subnoenacd to annear before a grand jury impaneled in the Southern District of New York and the attorincy for these Agents is aitempting to quash the suboscenas for various rcasong, including the fact that members of the grand jury have not been cieared to receive classified information and the Agents are not ale to reveal such classified information pursuant to national security regulations, Special ‘7crt ee: 2s been subpoenaed to appear bofore a grand jury in Washinston, 1. C., on Sertember %, 3976, and aitucuth his atiorney aiterapted to defar his anpcarance pending reselution of the moticn in New York such action was not agreed fo by the Civil Rights Division, has advised that because the Vcatherman investigation has boen held by the Department Peview Committee ta be a national security investicatien, and sources and methods of intellicence reiated thercto are classifiable, he is requestinz that you he asked to resolve the conflict between his subpoena to testify and restrictions imposed by Title 28, CFR, Sections 17.3 and 17. C4 and Execulive Grder 1llus2. in view of tue dilemita and alter discussict the matter with his attorney, he has advised he intonds to decline to testify and has furnished a copy of the statement he intends to make as the reasons for his declination. In order that this Bureau may avpropriately advise ad other eraployees confronted with tuls situation, IT respectfully request your early consideration of this matter. 1 - The Deputy Attorney General ” a; / 1-/Assistant Attorney General a: i, seopsetsul