U.S. EXPECTED TO FIGHT DISCLOSURE OF F.B.I. DATA IN EX-AGENT'S TRIAL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-01208R000100230071-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 22, 2016
• Document Release Date: February 22, 2011
• Sequence Number: 71
• Publication Date: August 24, 1977
• Content Type: OPEN SOURCE

Sanitized Copy Approved for Release 2011/02/22 : CIA-RDP90-01208R000100230071-0
NEW YORK TIMES
24 AUGUST 1977
ON PQce -
U.S. Expected to Fight Disclosure
Of F.B.I. Data in Ex-Agent's Trial
By ANTHONY MARRO
speelai to The New York Mmes
WASHINGTON, Aug. 23-Justice Depart- break-ins and wiretaps by all agents, in-
. ment lawyers are expected to ask a cluding those against foreign embassies
Federal judge in New York to modify and consulates.
or dissolve a sweeping. order that would "I would think that not only the bureau,
require the Government. to produce but the State Department and the N.S.A.
records of all warrantless wiretaps, mail I [the National Security Agency, which at-
openings
and break-ins by Federal Bureau tempts to intercept and decode foreign
of investigation agents between 1947 and cable traffic] would object," a Justice De-
1972, sources said today. partment source said. ' -
The order was issued Aug. 2 by District Mr. Kearney, the first bureau agent to
Judge Kevin Duffy in response to pretrial be indicted on a felony charge. is repre-
motions by attorneys for John J. Kearney, sented by Hubert Santos,. of Hartford,
who said they needed the material for Conn.,, and by the firm of Williams &
Mr. Kearney's defense. Connolly in Washington.
Mr. Kearney, a former F.B.I. supervisor, His attorneys refused to comment today
was' indicted last April on five felony I on the matted The apparent motive in
charges stemming from allegedly illegal seeking the materials would be to show
wiretaps and mail openings committed that such activities were so common at
by agents under his command in their the time that Mr. Kearney had good rea-
search for Weather Underground fugi- son to- believe he was operating under
tives., }e it' t th h
im
o
l
t
Several supporters of Mr. Kearney said
they were hopeful that the department
might abandon its prosecution if it could
not get the order changed, but neither
the Justice Department lawyers nor the
defense attorneys would comment today
on that possibility.'
'Very Sticky Problems'
Officially, Justice Department spokes-
men would say only that the matter was
still being discussed by attorneys in-
volved in the prosecution of Mr. Kearney,
and that no decision had yet been made.
Privately, however, several persons
familiar with the case said today that
the department lawyers were almost cer-
tain to seek modification or dissolution
of the order. One Justice Department offi-
cial said that "some very, very sticky
problems" could arise if the.order was
not modified. .
In addition, the sources said that offi-
cials at the bureau itself would be likely
to oppose the judge's order and. to urge
the Justice- Department attorneys to-try
to have it changed. ? . -
. Thomas Harrington, a spokesman for
? the bureau, said that no one in the F..BI.
would be able to comment on the matter.
But a long-time agent there said today
that "there's no question it's a problem,
and there's no question (the department
attorneys] will try to modify it."
Sensitive Records . .
One reason officials are concerned, the
sources said, is that it would take a mas-
sive clerical effort to assemble the mate-
rial covering the 25 years that Mr. Kear-
ney served as an agent. .
A more important concern, they said,
is that the order as it stands' would ap-
pear to require records on all warrantless
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g
a a .au
n
y is approving
em.
Possible Appeal Strategy
Should the ' material not be provided,
supporters of Mr. Kearney said, the de-
fense lawyers would most likely argue
that they were being denied material es-
stential to their case.
Judge Duffy already has said in his
order that the Government would be able
to hold back materials that could compro-
mise investigations or cause undue injury
or embarrassment to unrelated third
parties.
Even so, several Justice Department
sources said today. the order is .one of
the most sweeping ever issued against
the bureau.
Although Mr. Kearneyis'theonly agent
indicted to date in connection with the
search for the Weather-Underground fugi-
tives, the Justice Department investiga-
tion is still active and at least a half-
dozen other middle-level and senior offi-
cials are said to be targets of the inquiry.
Defense Groups Ralso Funds
Today, a group of four committees con-
cerned about the investigation of bureau
agents and of other intelligence officers
and former officers announced that they
had raised nearly $500,000 for legal costs.
of the men, and had- already paid
$110,000 in legal fees for 47 agents Who
have been questioned about the alleged
break-ins, wiretaps and mail openings.
In addition, one of the groups, the Se-
curity and Intelligence Fund, said it had
sent a telegram to President Carter urg-
ing him to reconsider the prosecution of
Mr. Kearney and of'other intelligence
agents facing legal difficulties because
of !'past duties.in.the interest of national
security."
STAT