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Ervin, Hon. Sam J., Jr., U.S. Senator from North Carolina, chairman,
Subcommittee on Constitutional Rights....
Witnesses:

Birkett, Eastman, attorney, Association of the Bar of the city of New
York, representing Cyrus R. Vance, former Under Secretary of
Defense

Bowe, William J., attorney, former intelligence analyst, Department
of the Army.

Cooke, David O., chairman, Defense Investigative Review Council;
accompanied by Robert T. Andrews, Office of the General Counsel;
and Rowland A. Morrow, executive secretary, Defense Investigative
Review Council, Department of Defense.

Downie, John W., Colonel, U.S. Army (Retired) -
Jordan, Robert E., III, former general counsel, Department of the
Army-

Mahoney, Barry, attorney, Association of the Bar of the city of New
York..

McGiffert, David E., attorney, former Undersecretary of the Army--
Shattuck, John H. F., National Staff Counsel, American Civil Liberties
Union.

Submitted by:

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MATERIALS FOR THE RECORD

Downie, John W., Colonel, U.S. Army (Retired):
The Civil Disturbance Threat 1971-1975___.

40

Mahoney, Barry, attorney, Association of the Bar of the city of New
York:

Prepared statement by..

126

Report of 1973 by the Bar Association's Committee on Civil
Rights, entitled "Military Surveillance of Civilian Political
Activities".

134

Shattuck, John H. F., National Staff Counsel, American Civil
Liberties Union:

Prepared statement by.

87

APPENDIX

Statements for the record:

Jensen, Joan M., professor, University of San Diego, entitled "Military
Surveillance of Civilians, 1917-1967".

169

Pyle, Christopher H., professor, John Jay College, New York, dated
April 9, 1974.

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Correspondence:

Department of Justice:

Letter, W. Vincent Rakestraw, Assistant Attorney General, to
Senator James O. Eastland, Chairman of the Committee on the
Judiciary, dated April 16, 1974, regarding departmental
comments on S. 2318_.

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Correspondence—Continued
Department of Defense:
Letter, Senator Sam J. Ervin, Jr., Chairman of the Senate Sub- Page
committee on Constitutional Rights, to Hon. Melvin R.
Laird, Secretary of Defense, dated April 6, 1972, regarding
use of military personnel to assist local law enforcement______
Letter, J. Fred Buzhardt, General Counsel, Department of
Defense, to Senator Sam J. Ervin, Jr., Chairman, Senate
Subcommittee on Constitutional Rights, dated April 26, 1972,
in reply to Ervin letter of April 6, 1972.
Letter, Senator Sam J. Ervin, Jr., Chairman of Senate Sub-
committee on Constitutional Rights, to Hon. James R. Schles-
inger, Secretary of Defense, dated July 3, 1973, regarding
activities in the area of domestic intelligence..
Letter, Senator Sam J. Ervin, Jr., Chairman, Senate Subcom-
mittee on Constitutional Rights, to Hon. James R. Schlesinger,
Secretary of Defense, dated July 30, 1973, containing inquiries
into continuing domestic intelligence operations___
Letter, Mr. D. O. Cooke, Deputy Assistant Secretary of Defense,
to Senator Sam J. Ervin, Jr., Chairman, Senate Subcommittee
on Constitutional Rights, dated November 8, 1973, in reply
to Ervin letter of July 30, 1973..
Letter, Senator Sam J. Ervin, Jr., Chairman, Senate Subcom-
mittee on Constitutional Rights, to Mr. D. O. Cooke, Deputy
Assistant Secretary of Defense, dated December 10, 1973,
containing inquiries into military intelligence activities in
West Germany-

Letter, Senator Sam J. Ervin, Jr., Chairman, Senate Subcom-
mittee on Constitutional Rights, to Col. Mason W. Gant III,
Executive Director, Defense Investigative Service, dated
December 6, 1973, regarding DIS investigations of security
leaks..

Letter, Brig. Gen. Joseph J. Cappucci, Director, Defense In-
vestigative Service, to Senator Sam J. Ervin, Jr., Chairman,
Subcommittee on Constitutional Rights, dated January 2,
1974, in reply to Ervin letter of December 6, 1973.
Letter, Senator Sam J. Ervin, Jr., Chairman, Subcommittee on
Constitutional Rights, to Mr. D. O. Cooke, Deputy Assistant
Secretary of Defense, dated January 29, 1974, regarding the
pleading of the Defense Department in the case of People
Against Racism v. Laird..

Letter, Mr. D. O. Cooke, Deputy Assistant Secretary of Defense,
to Senator Sam J. Ervin, Jr., Chairman, Subcommittee on
Constitutional Rights, dated March 19, 1974, in reply to
Ervin letter of January 29, 1974..
Letter, Mr. D. O. Cooke, Deputy Assistant Secretary of Defense,
to Senator Sam J. Ervin, Jr., Chairman, Subcommittee on
Constitutional Rights, dated March 6, 1974, regarding replies
of the Defense Department in response to questions of journal-
ists_
Letter, Mr. D. O. Cooke, Deputy Assistant Secretary of Defense,
to Senator Sam J. Ervin, Jr., Chairman, Subcommittee on Con-
stitutional Rights, dated March 14, 1974, regarding replies of
the Defense Department in response to questions of journalists.
Letter, Mr. D. O. Cooke, Deputy Assistant Secretary of Defense,
to Senator Sam J. Ervin, Jr., Chairman, Senate Subcommittee
on Constitutional Rights, dated April 23, 1974, regarding the
Chairman's opening statement at subcommittee hearing. -
Letter, Senator Sam J. Ervin, Jr., Chairman, Senate Subcommit-
tee on Constitutional Rights, to Mr. D. O. Cooke, Deputy
Assistant Secretary of Defense, dated May 6, 1974, in response
to Cooke letter of April 23, 1974__

Department of Transportation:

Letter, Rodney E. Eyster, General Counsel, to Senator Sam J.
Ervin, Jr., Chairman, Senate Subcommittee on Constitutional
Rights, dated May 13, 1974, regarding departmental comments
on S. 2318_.

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Other Materials:
Materials relating to military surveillance prior to 1970:
Memorandum for the Secretary of the Army, "Subject: Review of
Civil Disturbance Intelligence History," prepared by Robert E.
Jordan III, General Counsel, Department of the Army (un-
dated)
Memorandum for Record (draft), "Subject: Army Civil Disturb-
ance Intelligence Activities," prepared by Milton B. Hyman,
Office of the General Counsel, Department of the Army,
January 23, 1971___.

Message from Department of the Army to major subordinate
commands regarding the use of Army Security Agency person-
nel in civil disturbances, dated 30 March 1968.
Memorandum for record, “Subject: The Background of the Inter-
departmental Action Plan for Civil Disturbances of 1 April
1969," prepared by Robert E. Jordan III, General Counsel,
Department of the Army, March 22, 1971.
Evidentiary Materials Regarding Military Surveillance of Civilians
in West Germany:

West Berlin_.

Heidelberg

8th Infantry Division Regulation (USAREUR) No. 381-25,
"Subject: Counterdissidence Program," dated 23 July 1973
(partial)_

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