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| Go O . Anti-Riot Law Violation in Washington, D. C. zt On November 3, 1971, . . Judge J, LEWIS SMITH, United States District Court ae 2 for the District of Columbia, Washington, D. C., advised that on October 13, 1971, an order was filed before the Cler« of the USDC in which Judge SMITH denied a motion of the defense counsel for the subject to dismiss the subject's indictment by tne Federal Grand Jury in Washington, D. C. on May 13, 1971, charging the subject with violation of Title 18, United States Code, Section 2101, 231(A) (3) Interstate Travel “ith Intent To Organize, Promote, ncourage, and Participate in a Riot; Obstructing, Impeding, and Interferring Witn a Law Enforcement Officer During The Commission of a Civil Disorder). qq that two more defense - motions were er aavisement by Judge SifITH and tnat one of these motions involves the allegation that evidence iras obtained against the subject by use of illegal wire tapping. On December 29, 1971, CT suora., ws, advised that Judge J, LEWIS SMITH nad ruled on the defense a motion involving allezed illegal wire tapping in a ten vage ee order. Tne opinion of Judge S!0TH differentiated between a: wiretaos used by the government for national security reasons, f on the basis of domestic wiretaps and those used on foreign nationals or foreign countries. The judge cited a Sixth Circuit case, U. S. vs, KEITH. ay :::: on December &, 1971, Judge SMITH granted a continuance of the subject's case before setting any trial date until the Sucrene Court of the United States rules on the case U. S. vs. KEITH, in wnich case the United States Supreze Court granted a Writ of Certiorari in June, 1971. On October 5, 1971, a person identifying himself as DAN LEVINSON teleononically contacted the office of the Resident Agency, (RA) ox the Federal Bureau of Investigation (FBI) at St. Thomas, Virgin Islands. He stated that Mr. -5- CONFINENTIAL |