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ACLU — Part 10
Page 2
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: Mr. Herbert Monte Levy
Attorney and Counselor at Law
170 Fifth Avenue
New York 10, New York
Dear Herb: ., — L
Tamm
Sizoo
Finterrowd —___
I wish to acknowledge your letter of Apriy 22nd :
enclosing your memorandum of March 22nd captione AFBI Interviews. "'
I do appreciate your writing us prior to sending out/an official letter because
the last sentence of paragraph 4 which reads, "A person who is under
surveillance even though an arrest may not be expected is in practice
considered to be one whose arrest is contemplated" is not accurate.
This statement is most objectionable and is certainly an
inaccurate statement. For example, an individual might appear at a
given point where a suspect was scheduled to appear. . He might be
surveilled a block or two and then to ascertain his identity he might be -:
interviewed briefly, merely to clear the record, and certainly there would
.be no contemplation of arrest under any consideration. I think it would —
be most Thacctrate to circulate this sentence in its Present form. '
2 . You will, of course, recall that in each instance whére action
is initigfed thp- facts are presented either to the U. S. Attorney | or.Departmental :
officials 'andzpnly under the rarest of circumstances would an arrest be made
withouftsubmitting the facts.” ‘
with best wishes,
‘BN: ptm: jec (3) ph gt
Tele, Room —_ gy
ore
Ga rs a) 7
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