LEGISLATIVE AND ADMINISTRATIVE REFORM APPENDIX TO HEARINGS BEFORE THE SELECT COMMITTEE ON ASSASSINATIONS OF THE HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION DECEMBER 11, AND 12, 1978 VOLUME II (Compilation of legal memoranda and documents on issues pertaining to Printed for the use of the Select Committee on Assassinations 42-793 O U.S. GOVERNMENT PRINTING OFFICE For sale by the Superintendent of Documents, U.S. Government Printing Office SELECT COMMITTEE ON ASSASSINATIONS NINETY-FIFTH CONGRESS LOUIS STOKES, Ohio, Chairman RICHARDSON PREYER, North Carolina SAMUEL L. DEVINE, Ohio 95-2-H CONTENTS I. Introduction II. Primary documents: A. House Resolution 222. C. House Resolution 760. D. Committee rules___ E. Committee security procedures_. F. Committee nondisclosure agreement_. G. Memorandum of understanding between the Director of Central III. Memorandum and documents related to the select committee's acquisi- A. Memorandum on the Select Committee on Assassinations and prospective judicial proceedings in the district court___ B. Production of a witness incarcerated in a prison before the select 1. Memorandum on the power of congressional committees to have C. Acquisition of testimony in a foreign country: 1. Memorandum on use of létters rogatory by a congressional com- 2. Sample application for orders requesting international judicial 3. Sample request for international judicial assistance-Issuance D. Congressional acquisition of records that might be considered pro- 2. Memorandum of points and authorities in support of the select 142 3. Opinion of the court in re application for order disclosing the 166 4. Order of the court disclosing medical records of Ms. Grace 169 E. Issues arising from congressional authority to confer immunity 1. Memorandum on use immunity and the congressional investiga- 2. Memorandum on inability of Federal and State prosecuting 171 201 205 4. Sample application for order conferring immunity and compel- 210 5. Memorandum in support of application for order conferring im- 216 6. Sample order conferring immunity and compelling testimony-- 222 (III) Page F. Issues related to perjury, false swearing, subordination, and con- 1. Memorandum on statutes applicable to perjury, false swearing, 2. Materials on John Ray's formal referral to the Department of 3. Memorandum on reliance on a secrecy agreement for which a 4. Letter from the Central Intelligence Agency authorizing individ- G. Memorandum on the ability of a witness to refuse to obey a con- H. Memorandum on issues raised by title III of the Organized Crime I. Memorandum on use of informants by a congressional committee__ IV. General legal issues arising during the select committee's investigation: A. Issues arising from an attorney attempting to represent multiple witnesses: 225 265 330 347 349 356 383 1. Memorandum on the select committee's policy regarding exclu- 430 2. Memorandum on the powers of a committee to disqualify an at- 439 B. Issues arising from James Earl Ray's guilty plea : 1. Memorandum on legal remedies currently available to James 526 2. Memorandum on finality of convictions based on guilty pleas__ 3. Memorandum on effective assistance of counsel____ C. Memorandum on the extent of responsibility of the FBI to protect civil rights leaders such as Dr. King- 554 604 631 D. Memorandum on selected Federal homicide statutes--- 656 1. Memorandum on issues related to jurisdiction over President 690 2. Memorandum on the ability of the Government to acquire and 703 F. Analysis of the free press-fair trial-speedy trial trilemma-in the case of political assassinations_ 721 G. Memorandum on liability for inclusion of personal data in a congressional committee report.. 907 I. INTRODUCTION During the course of its hearings on legislative and administrative reform, the committee explored many of the legal issues that had arisen during the course of its investigation. Many of the legislative and administrative recommendations made by the select committee are a direct result of the select committee's experience in dealing with these legal issues. This appendix is a compilation of some of the legal memoranda and documents on issues pertaining to the committee's investigation. The committee would like, particularly, to acknowledge the invaluable assistance of the American Law Division of the Library of Congress for many of the memoranda included in this appendix, and other work that division has performed for the committee. Mr. Kent M. Ronhovde of the American Law Division deserves special mention for his excellent and extensive work in assisting the committee during the course of its investigation. (1) |