United States. Congress. Senate. Committee on the.

The nationwide drive against law enforcement intelligence operations : hearing before the Subcommittee to Investigate the Administration of the Internal Security Act and Other Internal Security Laws of the Committee on the Judiciary, United States Senate, Ninety-fourth Congress, first session ... (V online

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THE NATIONWIDE DRIVE AGAINST
LAW ENFORCEMENT INTELLIGENCE OPERATIONS



HEARINGS

BEFORE THE

SUBCOMMITTEE TO INVESTIGATE THE

ADMINISTKATION OF THE INTERNAL SECURITY

ACT AND OTHER INTERNAL SECURITY LAWS

OF THE

COMMITTEE ON THE JUDICIARY

UNITED STATES SENATE

NINETY-FOURTH CONGRESS

FIRST SESSION



PART 2



JULY 11, 1975



Printed for the use of the Committee on the Judiciary




U.S. GOVERNMENT PRINTING OFFICE
60-030 WASHINGTON : 1975



^^^^ For sale by the Superintendent of Documents, U.S. Government Printing Ofllce

^^^ Washington, D.C. 20402 - Price $1.85

Jrch FRANKLIN FIPPCE LAW CEMTER

3ry H CojBcord. New Hampshire 03301

' ON DEPOSIT ..........



^fury^.xj^a/n/j-^.



THE NATIONWIDE DRIVE AGAINST
LAW ENFORCEMENT INTELLIGENCE OPERATIONS



HEARINGS

BEFORE THE

SUBCOMMITTEE TO INVESTIGATE THE

ADMINISTRATION OF THE INTERNAL SECURITY

ACT AND OTHER INTERNAL SECURITY LAWS

OF THE

COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE

NINETY-FOURTH CONGRESS

FIRST SESSION



PART 2



JULY 11, 1975



Printed for the use of the Committee on the Judiciary




cs



U.S. GOVERNMENT PRINTING OFFICE
60-030 WASHINGTON : 1975



For sale by the Superintendent of Documents, U.S. Government Printing Office
^^^ Washington, D.C. 20402 - Price $1.85

arch FRANKLIN PIE3^CE LAW CE>TTER

dry ^ Concord, New Hampshire 03301

-* ON DEPOSIT ...,:..„-



ff^



b!sc Library
Boston, i^A 02



*r ■^■



COMMITTEE ON THE JUDICIARY

JAMES O. EASTLAND, Mississippi, Chairman

JOHN L. McCLELLAN, Arkansas ROMAN L. HRUSKA, Nebraska

PHILIP A. HART, Michigan HIRAM L. FONG, Hawaii

EDWARD M. KENNEDY, Massachusetts HUGH SCOTT, Pennsylvania

BIRCH BAYH, Indiana STROM THURMOND, South Carolina

QUENTIN N. BURDICK, North Dakota CHARLES McC. MATHIAS, JR., Maryland

ROBERT C. BYRD, West Virginia WILLIAM L. SCOTT, Virginia
JOHN V. TUNNEY, California
JAMES ABOUREZK, South Dakota



Subcommittee To Investigate the Administration of the Internal
Security Act and Other Internal Security Laws

JAMES O. EASTLAND, Mississippi, Chairman

JOHN L. McCLELLAN, Arkansas STROM THURMOND, South Carolina

BIRCH BAYH. Indiana WILLIAM L. SCOTT, Virginia

J. G. SotTRwiNE, Chief Counsel

Alfonso L. Tarabochia, Chief Investigator

Mart E. Dooley, Research Director



RESOLUTION



Resolved hy the Internal Security Suhcomniittee of the Senate Com-
mittee on the Judiciary^ That the testimony of James M. Rochford,
Mitchell Ware, Eugene Dorneker, Adelle Noren, and David Gushing,
taken in executive session on July 11, 1975, be released from the in-
junction of secrecy, be printed and made public.

James O. Eastland, Chairmcm.
Approved : December 1, 1975.



CONTENTS

Testimony of: Page

James M. Rochford, Superintendent, Chicago Police Department 45

Mitchell Ware. Deputy Superintendent, Chicago Police Department - 52

Eugene Dorneker, Investigator, Chicago Police Department 57

.^delle Noren, Housewife, Chicago, 111 106

David Cushing, Police OflBcer, Chicago Police Department 131

Appendix 143

(HI)



THE NATIONWIDE DRIVE AGAINST LAW ENFORCE-
MENT INTELLIGENCE OPERATIONS



FRIDAY, JULY 11, 1975

U.S. Senate,
Subcommittee To Intesttgate the
Administration or the Internal Security Act

AND Other Internal Security Laws

OF the Committee on the Judiciary,

Washington, D.O.

The subcommittee met, pursuant to notice, at 10 :10 a.m., in room
2300, Dirksen Senate Office Building, Senator Strom Thurmond
presiding.

Present : Senators Thurmond and Scott of Virginia.

Also present: J. G. Sourwine, chief counsd; A. L. Tarabochia,
chief investigator; Robert J. Short, senior investigator; and David
Martin, senior analyst.

Senator Thurmond. Will all the witnesses stand, and raise your
right hand. Do you swear that the evidence you will give in this hear-
ing will be the truth, the whole truth, and nothing but the truth, so help
you God?

Mr. Eochford. I do.

Mr. Ware. I do.

Mr. DoRNEKER. I do.

Mrs. N"oREN. I do.

Mr. Gushing. I do.

Mr. Sourwine. For the purposes of the record I want to get you
identified. Mr. Rochford, would you give us your full name and your
address, please?

Mr. Rochford. James M. Rochford. I am superintendent of police,
city of Chicago. I reside at 6881 North Tonty Avenue, Chicago, 111.

Mr. Sourwine. Mr. Ware?

Mr. Ware. My name is Mitchell Ware. I am deputy superintendent
of the Chicago police in charge of the Bureau of Inspectional Senaces.
I live in Chicago at 2815 South Michigan Avenue.

Mr. Sourwine. Mr. Gushing?

Mr. Gushing. Yes. My name is David Gushing. I am a patrolman
with the Chicago Police Department. My home residence is 1645
West 100 Place, Chicago.

Mr. Sourwine. Mr. Domeker?

Mr. DoRNEKER. My name is Eugene F. Domeker. I am an investiga-
tor with the Intelligence Division, Chicago Police Department. I live
at 10300 South Homen Avenue, Chicago.

Mr. Sourwine. Mrs. Noren?

Mrs. Noren. I am Adelle Noren, 11225 South Oakley, Chicago. I am
a housewife.

(41)



42

Mr. SouRWiNE. I respectfully suggest, Mr. ChaiTmaii, that we begin
with the statement from counsel from the committee, and then permit
a brief word from the attorney for the Chicago Police Department,
who is not here as a witness, but who is here as counsel for the super-
intendent ; and then pass the ball to the superintendent and go on.

Senator Thurmond. That's all rig'ht. I have an opening statement
here I will make at this time.

First I want to express my appreciation on behalf of the subcom-
mittee for your coming here today ; we appreciate your cooperation.

For some time now, the Senate Internal Security Subcommittee has
been receiving evidence of a concerted national drive by left wing
organizations— the Communist Party, the Maoists, the Trotskyists,
and others — designed to inactivate or destroy police intelligence files
on extremists across the country and to put an end to all such activi-
ties. This is the first of a series of hearings which the subcommittee
plans for the purpose of looking into this situation.

The drive against police intelligence activities involves the harass-
ment and intimidation of police departments through legal suits, sup-
ported by a propaganda campaign and mass demonstrations. What
the drive is designed to accomplish was frankly spelled out in a flier
put out by the District of Columbia Committee for the Bill of Rights
advertising a recent meeting at Georgetown University in Washing-
ton. The sponsorship of the meeting included organizations like the
National Lawyers Guild and the Socialist Workere Party. Among
other things, they asked that all District of Columbia police intelli-
gences files be opened up to the affected citizens and groups and that
"the District of Columbia City Council outlaw and punish all spying
and provocation activities."

The subcommittee is concerned about maintaining effective police
intelligence at the local level because this is essential to the internal
security of our Nation. Under the best of circumstances, the FBI
could never do the job nationwide of assembling adequate intelligence
files on all extremist groups and individuals Avho pose a threat to our
security. The FBI has had to have a cooperative working arrangement
with police intelligence units in all of our major cities. Such a coopera-
tive arrangement is far more necessary today than it has been in the
past because in recent years there has been a proliferation of extremist
groups and grouplets, many of them operating only in certain cities
or areas.

In embarking on this investigation, the subcommittee does not mean
to imply a blanket defense of all police intelligence activities. Every
responsible police official is prepared to concede that there have been
abuses in the field of police intelligence by overzealous officers, some-
times opreating with inadequate guidelines. Every effort should be
made to eliminate such abuses and to develop adequate guidelines. But
this IS altogether different from the drive to totally paralyze or abolish
intelligence gathering activities which we are currently witnessing in
our country.

In 1961, the Senate Internal Security Subcommittee took testimony
from Lyman B. Kirkpatrick on the worldwide Communist drive to
discredit and paralvze the police forces in all free countries. To be
properly understood, the current left wing drive against police intelli-
gence must be viewed in this broader context.



43

We are privileged to have with us today Superintendent James M.
Rochford of the Chicago Police Department, who has come here under
subpena, and who, we hope, Avill be able to throw some light on the
situation in his own city. We also have several other witnesses who
will be able to round out the picture from different vantage points.

Superintendent Rochford, I want to thank you for coming here, and
I also want to thank the other witnesses for coming here today.

Now, as I understand it, you are the head man in the police depart-
ment of Chicago, is that right ?

Mr. Rochford. Yes, sir.

Senator Thurmond. You are the top man.

Mr. Rochford. Yes, Senator.

Senator Thurjmond. All right, we will proceed, now.

Mr. SouRWiNE. Mr. Chairman, counsel for the police department is
present. His capacity here today is as counsel for the Superintendent.

The committee, as the Chair knows, is aware of the fact that there is
a grand jury proceeding in Chicago which involves the police depart-
ment in certain aspects. There is also a civil action in the courts up
there, involving the police department. The committee does not desire
to do anything to compromise the grand jury proceedings, or to inter-
fere in any way with the civil proceeding.

I would ask that the Chair indulge Mr. Dart, the counsel for the
Commissioner, while he gives us a brief statement for the record of
the situation as it exists. I don't mean in detail, sir, just the legalities
of the matter.

Mr. Dart. Thank you, Coimsel.

Mr. Chairman, I would just advise the chairman and the com-
mittee that an order was entered in the Federal district court, North-
ern District of Illinois, called a "protective order," requiring the Chi-
cago Police Department to submit certain intelligence documents to a
magistrate in the court, in original fomi and extricated form. The
magistrate then will determine whether or not the extricated form is
acceptable, and then it will be returned to the judge of the court and
given to the plaintiff for discovery purposes.

The reason I advise the chairman and the committee of this is that
we wish to guard the confidentiality of the records, of the informants,
possible informants, interested persons, and the constitutional rights
of all other individuals.

I would also advise the chairman that the subpena called for all of
our records. We have voluminous records, and it is physically im-
possible to bring copies of all the records here today. I have with me
two extricated packets which we intend to submit "to the magistrate.
I will turn them over to the committee today, and will ask counsel to
stipulate that we be permitted to send additional records to the com-
mittee as we turn them over to the court, simultaneously.

Mr. SouRwiNE. Mr. Chairman, I would respectfully submit that
counsel cannot stipulate in any way binding the committee without
the action of the committee.

I think Mr. Dart and the witnesses should know that while this is an
executive session, and confidentiality will be preserved unless the
committee orders otherwise, this committee cannot bind its subse-
quent action. There might be a change in membership, and the com-
mittee will have the right to open this record, or any portion of it for
the public.



44

We haven't had any complaints about premature publication in 20-
odd years of activity, but this is a technical situation you are entitled
to know about.

As to the stipulation, I don't believe this committee should waive
any of its rights to this material. I am confident that the Chicago Police
Department will do its very best to comply as speedily as it can. But
I don't believe the committee should aeree, or purport to bind itself,
even temporarily, or to waive any of its rio;hts. The committee has
the riffht to this material. The committee need not be subjugated to
the court. The committee's right stems from its own independent
power as a coordinate branch of the Government of the ITnited States.

And while I don't think there will ever be any quarrel between the
committee and the Chicago Police Department about compliance to this
subpena, I think a stipulation such as suggested by counsel would be
a very bad precedent and much to be frowned on by the Senate.

Unless counsel wishes to press the point, I am satisfied with that
statement for the record.

Mr. Dart. Mr. Chairman, at this time I would submit the two
packets — Exhibits 1 and 2 — and turn them over to the committee at
this time. As counsel stated, we will certainly try to conform with the
request of the committee and submit additional records as we can.

Mr. SouRwixE. Just as a matter of technicality, why don't you lay
them over in front of the Superintendent, we will let the Superin-
tendent offer them. He is a witness here, and technically counsel is
not.

[At this point Mr. Dart gave the packets to Mr. Rochford, who
handed them to Senator Thurmond.]

Senator Thurmond. They will be received and retained in the files
of the subcommittee.

Mr. SoFRwixE. I think we should perhaps have one more, or two
more questions. In what court is this proceeding?

Mr. Dart. In the northern district of Illinois, the Federal district
court.

Mr. SouRwiNE. The Federal District Court for the Northern District
of Illinois.

Mr. Dart. That is correct.

Mr. Sourwine. I have no more questions of counsel.

Mr. Dart. I have one further thing, counsel, that I wish to request
of the committee, and that would be that we be permitted to examine
the record when the record is completed, before it be made public,
in order that we might, again, examine it for any errors and any pos-
sible need for deletion of the names of persons.

Mr. Sourwine. Mr. Chairman, may I state for the record, responsive
to counsel's request, that of course in accordance with committee proce-
dure and witnesses will have an opportunity to examine their testi-
mony and correct it as soon as possible after the transcript is available
to this committee.

The request made by counsel suggested deletion, or changes of sub-
stance they feel are necessary to make the testimony read true. On the
other hand, it is the committee which has the authority to permit a
deletion, and ordinarily wide latitude is granted to a witness because
the effort is to make the testimony wholly his and wholly true. But

Senator Thurmond. Especially if there are informants involved
whose lives might be jeopardized.



45

Mr. SouKwiNE. The chairman has touched on a very important point.
The committee lias no desire to probe into wlio are the informants
of the Cliicago Police Department, and I will try to avoid asking any
such questions, i presume the witnesses will be well enough informed
that if we touch on an area like that, they can warn us, and then the
chairman can rule on it.

Senator Thurmond, ^^^ell, this is very much like the FBI informants,
if you reveal an informant, then you jeopardize not only the inform-
ant, but you jeopardize the FBI getting informants to help them in the
future ; I imagine this is the same way. So, I am sure steps will have lo
be taken to protect the informants.

Mr. SouRwixE. And the same is true with regard to particular in-
formation that is revealed because of the fact that revealing certain
information will reveal the informant. He will know he was the only
person who provided the information.

Senator Thurmond. All right, with that information available, I
guess we are ready now to proceed with the testimony.

Mr. Dart. I have nothing further.

Mr. SouRW^iNE. Mr. Sochford?

TESTIMONY OF JAMES M. ROCHFORD

Mr. KocHFORD. Mr. Chairman, it is a pleasure to come before this
subcommittee and to contribute anything to the U.S. Government in
any way that we can.

Mr. SouRwiNE. We would like to have you lay out the situation with
which you are faced, the committee knows it generally, the Chair has
painted the picture. Xow, you tell us about it in particular, what are
you up against?

Mr. RocHFORD. Well, as I said before, the Chicago Police Depart-
ment welcomes an}^ official review, investigation, or criticism of our
operations because we continually struggle to improve our efficiency
and our professionalism.

Recently the public has been badly misinformed about our opera-
tion. We take pride in our law enforcement record. Chicago is one of
the few major urban areas which has not been victimized by terrorist
activities, such as bombings, arsons, and riots until a few weeks ago
when two bombs were exploded in our downtown section; and I am
optimistic that we Avill solve that crime.

We have been able to control and cope with potential disruptions
and potential mob violence which could cause great harm to our city
and hami to our property.

The public should be relieved to know that they have been somewhat
free from terrorist activities and harm by disruptive groups who in-
tend to cause disorder, confusion and loss of confidence in our
Government.

Every major law enforcement department in our Nation recognizes
the need for effective intelligence gathering. Police planning to control
large demonstrations, whether peaceful or disruptive requires the de-
partment to have certain accurate information concerning leadership,
size of crowd, intent of the group, whether counter demonstrations are
expected, and so on.

Three months ago 29 major city police administrators met in New
Orleans, and all were in agreement about the necessity for police intel-



46

ligence gathering to prevent disorder and violence. The National Ad-
visory Commission on Civil Disordei-s recommended police intelligence
units to gather, analyze and disseminate information on potential, as
well as actual disorders.

Mr. SouRWiNE. Excuse the intervention. When you correct your
testimony, could you insert, with the chairman's permission, a list of
the 29 PD's which met; might that be in order?

Senator Thurmond. Without objection, so ordered.

[The material referred to follows :]

Twenty Nine Police Agencies Represented at New Orleans Meeting

Baltimore, Maryland Police Department, Commissioner Donald D. Pomerleau.

Boston, Massachusetts Police Department, Commissioner Robert di Grazia.

Buffalo, New York Police Department, Commissioner Thomas R. Blair.

Chicago, Illinois Police Department, Deputy Superintendent John E.
Killackey.

Cincinnati, Ohio Police Department, Chief Carl V. Goodin.

Cleveland, Ohio Police Department, Chief Gerald J. Rademaker.

Columbus, Ohio Police Department, Chief Earl Burden. .Jr.

Dallas, Texas Police Department, Chief Donald A. Byrd.

Denver, Colorado Police Department, Chief Arthur G. Dill.

Federal Bureau of Investigation, Special Agent Thomas J. Jenkins (Represent-
ing Director Clarence Kelley).

Honolulu, Hawaii Police Department, Chief Francis A. Keala.

Indianapolis, Indiana Police Department, Chief Kenneth B. Hale.

Jacksonville, Florida Sheriff's Office, Sheriff Dale Carson.

Kansas City, Missouri Police Department, Chief Joseph D. McNamara.

Los Angeles, California Police Department, Chief Edward M. Davis.

Los Angeles County. California Sheriff's Office, Sheriff Peter J. Pitchess.

Memphis, Tennessee Police Department. Chief W. O. Crumpy.

Miami Beach, Florida Police Department, Chief Rocky Pomerance, President
I.A.C.P.

Minneapolis, Minnesota Police Department, Chief John R. Jensen.

New Orleans, Louisiana Police Department, Superintendent Clarence E.
Giarrusso.

New York City Police Department, Commissioner Michael J. Codd.

Philadelphia, Pennsylvania Police Department. Commissioner Joseph O'Neill.

Phoenix, Arizona Police Department, Chief Lawrence M. Wetzel.

St. Louis, Missouri Police Department, Colonel Eugene J. Camp.

San Antonio. Texas Police Department, Chief Emil E. Peters.

San Diego, California Police Department, Chief Raymond L. Hoobler.

San Francisco, California Police Department, Chief Donald M. Scott.

San Jose, California Police Department, Chief Robert B. Murphy.

Seattle, Washington Police Department, Chief R. L. Hanson.

Mr. RocHFORD. The National Advisory Commission on Civil Dis-
orders recommended police intelligence units to gather, analyze, and
disseminate information on potential, as well as actual disorders.

The police have every right to gather and keep revolutionary in-
tellio^ence material, as well as criminal information. In fact because
of the great potential for public harm, the police have a higher obli-
gation to properly obtain and use intelligence information to pre-
serve the peace, and to prevent terrorism within our society, than to
deal with lesser forms of crimes which affect only an individual.

All our law-abiding citizens should be proud that we have an in-
telligence division, Chicago was one of the Nation's few major cities
which has not felt the rap of terrorist attack during the past few
years. The intelligence function has enabled us to arrest numerous
individuals for a variety of criminal activities. They have furnished
us information which has enabled us to seize machine guns, dyna-



47

mite, and blastino; caps. It has enabled us to prevent kidnappinijs and
threatened assassinations, and to take measures to prohibit potential
major disturbances.

The importance of the intelligence division was recognized by a
special Cook County Grand Jury investigating the Students for a
Democratic Society during the days of rage, who on November IT,
1969, issued a statement saying — and I quote from their report :

We observed the splendid work done by the undercover men of the police de-
partment, and further realize and appreciate the great danger these dedicated
men and their families have been faced with for many mouths, and in some
cases years, both day and night. It is recommended that law enforcement agencies
in other communities need the necessary funds in order to resort to this effective
manner of obtaining information relative to this subject.

Investigations in the Security Unit are conducted relative to indi-
viduals and activities which may threaten danger to the peace and
security of the city and its populace ; or, who may have indicated an
intention to engage in activities which may cause harm to the city and
its populace, including the following :

1. Military, revolutionist, and terrorist organizations;

2. Disruptive demonstrations requiring police manpower to exer-
cise both crowd and traffic control ;

3. Acts and threats of violence or disruption directed at people and
at buildings ;

4. Groups who have demonstrated a history of disruptive acts, who
function in the periphery of disorder by creating pressure situations.

Keeping in mind, while this is the purpose of the unit, much of the
information gathered is raw intelligence which consists of hearsay,
rumor, and suspicion, and needs much careful analysis and verification.

As a consequence our files have always been kept confidential and
must remain in that category. We do not have dossiers, investigations,
or personal files on distinguished persons and others mentioned re-
cently in the press, only references. I think that someone owes respected
citizens an apology for releasing their names to the press. The infor-
mation could only be obtained, in my judgment, improperly, through
material turned over for pending litigation and has violated our con-
fidentiality. Trial through the press is dangerous and damaging to
everyone.

The U.S. Department of Justice, through the Law Enforcement
Assistance Administration and the National Institute of Law Enforce-
ment and Criminal Justice as recently as June 1973, issued a report
with guidelines for the chiefs of police on the prevention and control
of collective violence, and in a pertinent place emphasized the im-
portance of intelligence operations to identify potential urban prob-
lems in advance of any actual violent outbursts. They suggest exactly
what we are doing to prevent and control violence.

There are more than 2,000 community organizations listed in the
telephone book as operating in Chicago, and I am sure a lot more
actually exist ; fewer than 50 of these organizations warrant any police
attention because of their activities, that is less than 21/^ percent. Less
than 200 individuals out of the more than 3 million-plus population


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Online LibraryUnited States. Congress. Senate. Committee on theThe nationwide drive against law enforcement intelligence operations : hearing before the Subcommittee to Investigate the Administration of the Internal Security Act and Other Internal Security Laws of the Committee on the Judiciary, United States Senate, Ninety-fourth Congress, first session ... (V → online text (page 1 of 22)