LETTER TO WILLIAM E. COLBY FROM BENJAMIN F. BAILAR

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78B02992A000100010011-4
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 12
• Document Creation Date: December 20, 2016
• Document Release Date: November 15, 2005
• Sequence Number: 11
• Publication Date: July 17, 1975
• Content Type: LETTER

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NW
POSTMASTER GENERAL
Washington, DC 20260
July 17, 1975
Honorable William E. Colby
Director, Central Intelligence Agency
Washington, D. C. 20505
Dear Mr. Colby:
It is an understatement to tell you I am shocked by your letter
of yesterday's date. The events you describe in your letter
stand in clear violation of the sanctity of the mails and threaten
to shake public confidence in the integrity of the mail. I must
therefore insist on your aid in clarifying this episode. Further,
I am determined to receive every assurance against similar recur-
rences.
Last spring, you gave me assurances that practices that had been
in effect from 1953 to 1973 had been discontinued. I was dis-
tressed to learn then that certain mail had been intercepted,
copied and returned to the mailstream for sending on to the ad-
dressee., The revelation that mail was removed from the inter-
national mailstream, opened and retained indefinitely is doubly
disturbing. It leads me to ask whether other mail for addressees
in the United States has been similarly treated.
It is my duty as Postmaster General to insist that any such mail
still held by the Central Intelligence Agency immediately be
turned over to the Postal Service for delivery to the intended
recipients.
While I appreciate that national security matters may be involved,
I urge you to release to the public any additional details that you
can concerning the New York to Latin America to CIA Headquarters
package. I am especially desirous to know the identity of the New
York firm mentioned in order to insure that any connection this
firm may have with the Postal Service is proper and that its means
of obtaining mail have been discontinued.
I have directed the Postal Inspection Service to investigate the
episode you described. I also have asked the assistance of the
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Justice Department. I assume your staff will be available to us or
the Justice Department, should this become necessary.
As I expressed last spring, I appreciate your cooperation. in promising
to end the CIA's mail-intercept program and your candor in the current
instance.
Sincerely,
Benjamin . Bailar
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U.S. Postal Service ? Washington, DC 20260
Postmaster General Benjamin F. Bailar today announced that
he has received from the Director of the Central. Intelligence
Agency. 110 opened letters and post cards which had been.
intercepted by the CIA in 1972.
After notifying the Justice Department the letters and post
cards were in his possession, Bailar received a search warrant
requiring him to surrender the mail to the Justice Department
where it is being held pending possible legal action against those
responsible for opening and detaining it.
The mail, all of which CIA Director Colby's forwarding letter
said had been "apparently mailed in early 1972 from the U.S.S.R.
to addressees in the United States" was discovered, according to
Colby, on a shelf- during a "recent routine change in office space
assigned to a unit of this Agency." Colby indicated he had no
information whether "the individual pieces had at any time been
in the U. S. Mail system."
The Postmaster General released the contents of his response
to Director Colbv in which he wrote:
(more)
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""It is an understatement to tell you I am shocked by your
letter of yesterday's date. The events you describe in your
letter stand in clear violation of the sanctity of the mails and
threaten to shake public confidence in the integrity of the mail.
I am determined to receive every assurance against similar
recurrences"
"Last spring," the Postmaster General continued, "you gave
me assurances that practices that had been in effect from 1953 to
1973 had been discontinued. I was distressed to learn then that.
certain mail had been intercepted, copied and returned to the
mailstream for sending on to the addressee. The revelation that
mail was removed from the international mail stream, opened, and
retained indefinitely, is doubly disturbing. It leads me to ask
whether other mail for addressees in the United States has been
similarly treated."
"It is my duty as Postmaster General to insist that any such-
mail still held by the. Central Intelligence Agency immediately be
turned over to the Postal. Service for delivery to the intended
recipients."
Bailar also has-written to each of the. intended recipients
expressing his regrets and strong disapproval of the incidents.
In his letter to Postmaster General Bailar, Colby extended
his "own sincere apology to each of the addressees whom you can
locate for the mishandling by the Agency of their correspondence."
(more)
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3
Previously the CIA had claimed that all such intercepted and opened mail
had been copied and returned to the mails. This 1972 incident is the first
time the Postal Service has received evidence that such mail was not put
back into the mail stream.
7/17/75
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CEfRAL INTELLIGENCE AGENCY-
WAS H I NGTON, D.C. 20505
The Honorable Benjamin F. Bailar
The Postmaster General
United States Postal Service
475 L`Enfant Plaza West, S.W.
Washington, D.C. 20260
Dear Mr. Bailar,
16 July 1975
In the course of a recent routine change in office space
assigned to a unit of this Agency, there. was discovered on a
shelf in a securely vaulted area a dispatch from one of our
installations in Latin America dated March 27, 1972. With
this dispatch were 85 post cards and 25 letters (opened), all
apparently mailed in early 1972 from the U.S.S.R. to addressees
in the United States, as well as three customs declarations
and one return receipt for Registered Mail. According to the
dispatch, this mail-had been received by a resident of the area
in which our installation is located, in a single package which
appeared (from the label affixed to it) to have been mailed to
him .by ..a New York firm. This firm was one with which he con-
ducted normal business correspondence in no way related to mail
intercept. The recipient of this package had given it to
another resident of the area, a United States citizen, who in
turn had passed it on to our installation, with which he was
in regular contact.
Handwritten notes discovered along with these pieces of
mail indicate that CIA Headquarters had recorded it in our
Soviet mail intercept files in the same manner as if it 'had
come from the intercept operation then being carried out in
New York. There is no factual indication in our files as to:
a. how the package of mail happened to bear a
label addressed to its or iginal?recipient;
b. whether or not the individual pieces of mail
had at any time been within the U.S. Mail system; or
c. why the.package.of mail had been left on a
shelf' in CIA Headquarters with no decision, nor appar-
ently any recoru-nendation, regarding its appropriate.
.disposition
,40..UTIO4,
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As it is clear that the senders of this mail intended
it to be delivered by the U.S. Mail system to the addressees,
I am forwarding it to you herewith for appropriate handling.
You may wish to send with it copies of this letter by way
of explanation regarding its very delayed delivery and of
the fact that the envelopes of the letters have been opened.
I also extend "my own sincere -apology to each of the addressees
whom you c-Ln locate for the mishandling by this Agency of their
correspondence.
Sincerely,
2 Hungarian Customs Declarations
l "U. S . Registered -mail/Return Receipt
1 Swedish Customs Declaration
Attachments: 85 post cards
25 letters
;f.
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THE POSTMASTER GENERAL
Washington, DC 20260
July 17, 1975
Honorable William E. Colby
Director, Central Intelligence Agency
Washington, D. C. 20305
Dear Mr. Colby:
It is an understatement to tell you I am shocked by your letter
of yesterday's date. The events you describe in your letter
stand in clear violation of the sanctity of the mails and threaten
to shake public confidence in the integrity of the mail. I must
therefore insist on your aid in clarifying. this episode. Further,
I am determined to receive every assurance against similar recur-
rences.
Last spring, you gave me assurances that practices that had been
in ef=ect from 1953 co 1973 had been discontinued. I was dis-
tressed to learn then that certain mail had been intercepted,
copied and returned to the mailstream for sending onto .the ad-
dressee. The revelation that mail was removed from the inter-
national mailstream, opened and retained indefinitely is doubly
disturbing. It leads me to ask whether other mail for addressees
in the United States has been similarly. treated.
It is ray duty as Postmaster General to insist that any such mail
still held by the Central Intelligence Agency immediately be
turned over to the Postal Service for delivery to the intended
recipients.
While I appreciate that national security matters may be involved,
I urge you to release to the public any additional details that you
can concerning the New York to Latin America to CIA Headquarters
package. I am especially desirous to know the identity of the New
York firm mentioned in order to insure that any connection this
firm may have with the Postal Service is proper and that its means
of obtaining mail have been discontinued.
I have directed the Postal Inspection Service to investigate the
episode you described. I also have asked the assistance of the
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Justice Department. I assume your staff will be available to us or
the Justice Department, should this become necessary.
As. I expressed last spring, I appreciate your cooperation in promising
to end the CIA's mail-intercept program and your candor in the current
instance.
Sincerely,
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usMa~L n
m
THE POSTMASTER GENERAL.
Washington. D.C. 20260
July 17, 1975
Mr. John Smith
Pleasant Street
Chicago, Illinois
. Dear Mr. Doe:
Enclosed, is a copy of a letter dated July 16, 1975 addressed to
me by William E. Colby, Director of the CIA. A letter addressed
to you and. originally mailed from the U. S. S. R. in March 1972
was included in the mail matter which accompanied Mr. Cclbyrs
letter. The delay in delivery of this letter was caused by the
apparent interception and acknowledged retention of this mail by
the CIA-
I want you to know that the U. S. Postal Service considers this
incident a serious violation of your rights and in no way condones
or sanctions it.
I immediately communicated with the Justice Department so that
it could determine what legal steps should be taken. Mr. Richard L.
Thornburgh, Assistant Attorney General,. Criminal Division, has
this matter under active consideration. Pursuant to a search
warrant served on me today, I have turned your letter and the
related mail over to the Justice Department for use as evidence.
Should you have a question concerning the latter, it is suggested you
communicate directly with Mr. Thornburgh. A photocopy of the
envelope of your letter is enclosed.
Let me express my sincere regrets and assure you that as long as it
is in my power, abuse of the mails. such as this will not be tolerated.
Sincerely,
Attachments
Benjamin F. Bailar
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DATE OF DOC DATE REC'D DATE OUT ISUSPENSE DATE CROSS NTEOF FILING OR
18 Jul 75
17 Jul 75
TO DCI
FROM Benjamin Bailar
SUeJ.Re mail opened by the CIA, and the
Postmaster General's desire to prosecute
ER 75-3287/1
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