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Exhibit 10—Operations Plans
Subject: Operation Plan Penguin Monk (U).

Ref : a. 66th MI Gp Reg 381-17
b. FM 30–17
c. FM 30–17A
d. DCSI visit to Mainz Field Office on 12 JUNE 73
1. SITUATION: Again mentions STUCKMANN, DESCRIBES MISSION
d. ASSUMPTIONS:

(1) the Mission induces AWOL
(2)

supports anti-US activities (subversive)
(3) the German Police and Sec. will honor the immunity of the mission
because it is religious
2. MISSION:
a. To determine (1) d above
b. "

(2) d above C.

the extent of US FORCES involved with either the mission or the personalities

3. (c) EXECUTION :

a. A spotter system will be established to observe vehicle parking within the confines of the mission. The spotter will be stationary/walking/vehicular. He will record on tape or paper license nos. the spotter system will be on a 24 hr. basis.

b. check for owners (Plate nos) RACs on owners.
c. US personnel MASS/LACs
d. COORDINATION: LWR MzFO, LLO Bh./Pz

“At no time will the Goessner mission be mentioned to the German authorities"

4. LOGISTICS AND ADMIN:

a. Personnel : three US S/A and one LWR from MzFO will be utilized to man fixed and mobile surveillance positions during this operation.

b. EQUIP: 3 VW bugs with quick change plates LLO R/P & MzFO

g. attempt to gain admission into private residence in proximity to mission to FOTO

h. attempt to penetrate by a 1663
j. solicit info through 165
k. coordinate with OFD to obtain coverages telephone and mail
1. coordinate with

in effort to hug specific collection requ. on the
assets they have available to them.
Large dossier mostly on (name deleted)

(Signature block deleted). OPLAN 2-73 REFERENCES: Letter, 66th MIG, subject: Concept of Operations

re: BR-262

OPLAN NO: OP(CS)HF0-527-1-73 3. (C) EXECUTION: a. Phase 1: Karlsruhe Field Office provides economy accommodation address.

b. Phase II: (1) Initial letters will be posted thru German mail from GI from Karlsruhe area to BR-262 claiming interest in organizing dissident GIS in area but claiming no experience. GI will express fear of discovery by authorities and use this as an excuse for being discreet about his identity or meeting known dissidents. Letter will request reply from BR-262 with suggestions and aid.

c. Phase III: If BR-262 repl to the letters, attempts will be made thru addit corres to

(1) entice BR-262 to make trip(s) to meet GI taking time and costing money

(2) BR-262 can be enticed into making long distance phone calls numbers prov in corresp will be obtained from local phone books

(3) BR-262 can be enticed into sending literature which might be exploited by USI and costing him money.

(4) BR-262 can be given misleading or false information concerning events and situations in Karlsruhe which if he disseminates, will result in his embarrassment.

HEADQUARTERS, 8TH INFANTRY DIVISION,

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Exhibit 11–8th Infantry Division (USAREUR) Regulation 381-25

23 July 1973. MILITARY INTELLIGENCE

COUNTERDISSIDENCE PROGRAM 1. Purpose: To establish a program for implementing a coordinated counterdissidence effort within the 8th Infantry Division.

2. General: A Counterdissidence Program will enable all major subordinate commanders to recognize, report, and combat dissidence within their units.

3. Responsibilities:

a. The Assistant Chief of Staff, G2, will have the overall responsibility to monitor this program and :

(1) Insure coordination with SJA, PM, CID, EOSO, and MI for completion of necessary actions.

(2) Insure the accurate and timely reporting of dissident incidents throughout the division.

(8) Complete division-wide reports for analysis to aid in pinpointing potential trouble areas and prevent further dissident activities.

(4) Provide commanders with guidance regarding the handling of problem areas of dissident activities.

b. Brigade and battalion S2's will have the primary responsibility for the implementation of the counterdissidence program and :

(1) Insure the accurate and timely reporting of dissident incidents in their units.

(2) Insure coordination with the local SJA, CID, PM, EOSO, and MI. (3) Compile and analyze dissident activities.

(4) Keep brigade/battalion commanders aware of the “dissident climate" to aid commanders in implementing offsetting programs.

4. Reporting Procedures :

a. Information on dissident activities should be sent by the most expedient methods to local counterintelligence agents of the 8th MI Company.

b. See Annex A, Essential Elements of Information (EEI).
5. Indicators of Dissidence: See Annex B.
6. Definitions : See Annex C.
7. Regulatory Guidance on Dissidence: See Annex D.

(The proponent agency of this regulation is the Assistant Chief of Staff, G2. Users are invited to send comments to Commander, 8th Infantry Division. ATTN: AETHGB, APO 09111.)

ANNEX A

ESSENTIAL ELEMENTS OF INFORMATION

1. All acts of sabotage or vandalism directed against US installations and property. Incidents of suspected sabotage.

2. Theft or disappearance of weapons, ammunition, or explosives.
3. Penetration of secure areas such as arms rooms, motor pools, etc.

4. Demonstrations, teach-ins, and other activities with anti-US themes engaged in by local nationals or military personnel.

5. Unauthorized meetings or authorized meetings with controversial topics.

6. Serious incidents and crimes with racial overtones or motives, including assaults by members of one racial group upon members of another.

7. Efforts by dissident or subversive influences (military or civilian) to promote disaffection or dissidence among military personnel.

8. Distribution of unauthorized publications.

9. Formation of groups with controversial purposes or racially exclusive membership.

10. Rumors of meetings, demonstrations, confrontations, or acts of sabotage or violence.

11. Full names, SSAN, ranks, units, and races of individuals involved in any of the above listed activities.

ANNEX B

INDICATORS OF DISSIDENCE 1. Complaints to NCO's, officers, IG, news media, or congressmen about liv. ing conditions, harassment, unfair treatment, etc.

2. Frequent circumvention of chain of command or use of extra-chain of command vehicles such as “spokesmen” to voice grievances.

3. Unauthorized meetings, formation of groups intended to address grievances, demonstrations, mass "sick-calls", or sit-downs.

4. Frequent minor acts of insubordination or insolence, such as failure to salute or slow reaction to direct orders.

5. Presence on post of civilian extremists or attendance by personnel at extremist meetings held off post.

6. Distribution of underground newspapers.

7. Dissident graffiti-slogans or signs surreptitiously painted on buildings, vehicles, and equipment.

8. Vandalism or sabotage of government property. 9. Confrontations with symbols of authority.

10. Escalation of minor incidents, exaggeration of incidents to provoke troop reaction, circulation of rumors.

11. Agitation by military personnel or by civilians.

ANNEX C

DEFINITIONS

DISSATISFACTION: Attitude of discontent toward à particular issue or situation.

DISAFFECTION: Attitude of discontent toward government or military.

UNREST: Manifestation of dissatisfaction or disaffection but not necessarily politically or ideologically oriented.

DISSIDENCE: Manifestation of a rejection of military, political, or social standards.

ANNEX D

REGULATORY GUIDANCE ON DISSIDENCE

The following general guidelines are extracted from regulations and directives as indicated :

1. Possession and Distribution of Political Materials :

a. United States Armed Forces personnel will not distribute pamphlets, newspapers, magazines, handbills, flyers, or other similar material on any military installation except through regularly established and approved distribution outlets (c below) unless approval is first obtained from the appropriate installation commander and responsible community leader (para 23, USAREUR Reg 632–10).

b. The following materials are exempted from the prohibitions and requirements of paragraph 1a (para 23, USAREUR Reg 632–10).

(1) Advertising or promotional materials of licensed solicitors (when permitted in accordance with para 8a (1), Annex A, USAREUR Reg 210–70 or other applicable directives), military banking facilities, and credit unions.

(2) Materials produced or selected for distribution by the US Army or other US government organizations, nonappropriated fund activities, concessionaires, and private associations recognized in accordance with AR 230–1.

(3) Materials distributed to students and prospective students by educational institutions offering training through Army education centers.

(4) Materials accepted as gifts for distribution to individuals in accordance with AR 1-101.

(5) Materials delivered to individual recipients by US or foreign postal facilities as long as those materials remain solely in the possession and control of the postal addressee.

c. Regularly established and approved distribution outlets are libraries, unit dayrooms, service clubs, chapels, Stars and Stripes newsstands, EES facilities, and commissaries, provided that procedure established for distribution in such outlets have been followed and that no request for the approval of any responsible community leader or installation commander for any type of distribution has been previously denied (para 23. USAREUR Reg 632–10).

d. Distribution of literature by non-members of US Forces.

(1) Section 89 of the German Criminal Code makes it a crime for persons to undermine the dutiful readiness of a member of the Bundewehr to protect the security of the Federal Republic of Germany. The fourth amendment to the Criminal Code extends Section 89 by making it a crime to undermine the dutiful readiness of members of a NATO force. (2) The elements necessary to establish a violation of Section 89 are:

(a) That undermining of the dutiful readiness of a member of the Forces to protect the security of the Forces occurred.

(b) That such undermining was done in a systematic manner.

(c) That the undermining was intentional. (2) The element of the "undermining the readiness" of the Forces could be established by the statement from competent US authorities that the actions concerned, such as distribution of racially oriented literature of an inflammatory nature advocating disruptive acts, undermines the morale and readiness of US Forces. The element of intent quite likely could be established by nature of such publications. Proof that the act was done in a systematic manner appears to be the most difficult. Any evidence of “systematic distribution” to be furnished by US authorities could be of such nature that the evidence can be made known and the witnesses made available to testify in a public hearing.

(4) Liaison with the proper German authorities should be accomplished through the US Local Liaison Authority for the area concerned (USAREUR Reg 550-56).

e. Publication of "Underground Newspapers,” Army Regulation 360-5, provides that personal literary efforts may not be pursued during duty hours or accomplished by the use of Army property. However, the publication of “underground newspapers” by soldiers off-post on their own time and with their own money and equipment is generally protected under the First Amendment's guarantee of freedom of speech and freedom of the press. Unless such a newspaper contains language, the utterance of which is punishable under Federal law (e.g. 10 U.S.C. Sec. 2387 or the UCMJ), authors of an "underground newspaper" may not be disciplined for mere publication. Distribution of such newspapers on post is governed by para 5–5, AR 210–10, and USAREUR Suppl 1 to AR 210–10, dated 14 Dec 71.

2. Attendance at Meetings and Demonstrations.

a. Any gathering for any purpose which interferes with accomplishment of the command's mission or which is detrimental to the loyalty, discipline, or morale of its personnel is undesirable whether off-post or on-post. Commanders will prohibit gatherings where objectives are incompatible with this command's mission. If they are to be held on post and, should such meetings be held offpost, will take whatever legally permissible measures are necessary to discourage attendance by personnel of their commands. Participation by Army personnel, in or out of uniform, in public demonstrations in the Federal Republic of Germany is prohibited. Any encouragement, written or oral, for servicemen to participate in unauthorized public gatherings is a disservice to this command. (USAREUR letter AEACG, dated 4 August 1970, subject: Demonstrations and Public Gatherings by USAREUR personnel).

b. Meetings on Military Installations. Personnel will not participate in, hold, or cause to be held any assembly, gathering, or meeting on a military installation unless (1), (2), or (3) below applies :

(1) It is official in nature, i.e., held or sponsored by an agency or instrumentality of the US Government.

(2) It is held or sponsored by an officially recognized private association within the meaning of paragraph 1-3f, AR 230–1.

(3) It is specifically approved in advance by the responsible USAREUR community leader (USAREUR Reg 10–20) or his authorized designee or, outside FRG or in Berlin, by the appropriate installation commander (para 26, USAREUR Reg 632–10).

c. Off-Post Demonstrations by Soldiers. AR 600–200 and 600–21 prohibit members of the Army from participating in off-post demonstrations when they are in uniform or on duty or in the Federal Republic of Germany or when their activities constitute a breach of law and order or when violence is likely to result (DA letter AGAM-P(M) (27 May 69) DCSPER-SARD, dated 28 May 1969. subject : Guidance on Dissent).

(Remainder omitted as irrelevant.)

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