IMPROPER USE OF GOVERNMENT EQUIPMENT AND GOVERNMENT PERSONNEL

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CIA-RDP60-00442R000100070001-6
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RIFPUB
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K
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16
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December 15, 2016
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February 22, 2002
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1
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Publication Date: 
July 27, 1956
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REGULATION
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Approved For Release 2003/03/25 : CIA-RDP60-00442R00010007 Union Calendar No. 1205 84th Congress, 2d Session - - - - - House Report No. 2948 IMPROPER USE OF GOVERNMENT EQUIPMENT AND GOVERNMENT PERSONNEL (Immigration and Naturalization Service) TWENTY-SIXTH INTERMEDIATE REPORT OF THE COMMITTEE ON GOVERNMENT OPERATIONS JULY 27, 1956.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON . 1956 Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070001-6 Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070001-6 CHET HOLIFIELD, California JOHN W. McCORMACK, Massachusetts EARL CHUDOFF, Pennsylvania JACK BROOKS, Texas LESTER HOLTZMAN, Now York ROBERT II. MOLLOIIAN, West Virginia L. II. FOUNTAIN, North Carolina PORTER HARDY, JR., Virginia JOHN A. BLATNIK, Minnesota ROBERT E. JONES, Alabama EDWARD A. OARMATL, Maryland JOHN E. MOSS, California JOE M. KILGORE, Texas DANTE B. FASCELL, Florida MARTHA W. GRIFFITIIS, Michigan HENRY S. REUSS, Wisconsin CLARE E. HOFFMAN, Michigan R. WALTER RIEHLMAN, New York CECIL M. HARDEN, Indiana CHARLES B. BROWNSON, Indiana GEORGE MEADER, Michigan CLARENCE J. BROWN, Ohio GLENARD P. LIPSCOMB, California B. CARROLL IREECE, Tennessee J. ARTHUR YOUNGER, California VICTOR A. KNOX, Michigan OTTO KRUEGER, North Dakota CHARLES R. JONAS, North Carolina WILLIAM If. MINSHALL, Ohio CHRISTINE RAY DAVIS, Staff Director ORVILLE S. POLAND, General Counsel WILLIAM PINCUS, Associate General Counsel HELEN M. BoYER, Minority Professional Staff LEGAL AND MONETARY AFFAIRS SUBCOMMITTEE ROBERT H. MOLLOIIAN, West Virginia, Chairman JOHN A. BLATNIK, Minnesota GEORGE MEADER, Michigan JOE M. KILGORE, Texas J. ARTHUR YOUNGER, California MARTHA W. GRIFFITHS, Michigan WILLIAM If. MINSIIALL, Ohio EARL CHUDOFF, Pennsylvania MEMBERS EX OFFICIO WILLIAM L. DAWSON, Illinois CLARE E. HOFFMAN, Michigan CURTIS E. JOHNSON, Staff Director JEROME S. PLAPINOER, Counsel HAL CHRISTENSEN, Associate Counsel A. CARL CAREY, Jr., Assistant Counsel STANLEY FISHER, Accountant-Investigator JOHN L. ANDERSON, Investigator ELIZABETH HEATER, Clerk Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070001-6 Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070001-6 LETTER OF TRANSMITTAL HOUSE OF REPRESENTATIVES, Washington, D. C., July ,27, 1RDRSTFG@ 2 07001-6 General SWING. Yes, there had been.. Mr. PLAPINGER. When was that, sir? General SwiNG. That was December 1 or 2 or some time like that. Mr. PLAPINGER. What happened to those plans, sir? General SwiNG. They did not materialize. Mr. PLAPINGE, R. Where was that trip to be, sir? General SwiNG. As I recall, I thought I might be able to get down there in early December. But I did not do it. (See also p. 134.) Although at the hearing on July 6, 1956, General Swing had been accorded the opportunity to submit additional information to clarify the record, by July 1.4, 1956, none had been received by the subcom- mittee. On that day, acting on the basis of newly discovered infor- mation, the chairman wrote to General Swing apprising him of a report that on December 17, 1954, the general, accompanied by several named border patrol employees, had gone into Mexico on a hunting trip and had used for this purpose 3 motor vehicles and 1 house trailer which were described by make and license number. On July 18, 1956, the Immigration and Naturalization Service submitted, among other documents, a "revised" list of hunting trips which included the trip of December 17, 1954, and also the trip in December of 1955 of which the general, as noted above, had so posi- tively sworn lie had no knowledge. On July 19, 1956, the chairman received a letter from General Swing admitting the December 1954 hunting trip to Mexico. It is noteworthy that the "revised" list and the letter admitting the December 1954 trip were submitted more than 2 weeks after the conclusion of the hearings and after General Swing had received the chairman's letter confronting him with specific references to the vehicles used and the names of several of the persons accompanying him on the trip. The revised list of hunting trips, which included the above-men- tioned two trips, was submitted to the chairman by General Swing's ,office, as follows: 1. Date and place: November 13, 1954, north of Rouses Point, N. Y. Purpose: Inspection of United States border installations and con- ference with United States officials. Present, United States: Swing, Carter. Present, Canada: One Canadian immigration official. 2. Date and place: December 17, 18, and 19, 1954, near Mata- moros, Tamaulipas, Mexico. Purpose: Inspect Service operations in the area and confer with Mexican officials on border problems. Present, United States: Swing, Carter, Harrison, Wahl, Gilman, Amthor. Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070001-6 Appr6veWlW 8less'209BM3$Mz,CIAQR13R DGi2 4 70001-6 Present, Mexico One or more Mexican officials named below.' 3. Date and place: September 4 and 5, 1955, near San Fernando, Tamaulipas, Mexic . Purpose: Conference with Mexican officials. Present, United tates : Swing, Carter, Quandt, Gilman, Harrison, Amthor, Hinton and Woolley. Present, Mexico: See below.' 4. Date and place: September 30 and October 1, 1955, Assiniboia,. Saskatchewan, Canada. Purpose: Conference on border problems with RCMP. Present, United States: Swing, Carter, Brown, Pilliod, Farrell, Williams. Present, Canada Two RCMP officials. 5. Date and plat : November 4 to 8, 1955, Matamoros, Tamaulipas,. Mexico, and Monterrey, Nuevo Leon, Mexico, areas. Purpose: Conference with Mexican officials and inspect Monterrey Bracero Center and operations. Present, United tates : Swing, Carter, Gilman, Harrison, Amthor, Woolley, Carnahan Present, Mexico: See below.' 6. Date and place: December 2 to 4, 1955, near Matamoros, Tamaulipas, Mexico. Purpose: Confer (nee, with Mexican officials. Present, United States: Swing, Carter, Carnahan, Gilman, Harrison, Anithor, Wo ley, Hinton. Present, Mexico: See below.' 7. Date and pl ce: January 12 to 16, 1956, near Matamoros,. Tamaulipas, Mexic . Purpose: Confer nce with Mexican officials. Present, United tates: Swing, Carter, Carnahan, Marshall, Gil- man, Harrison, Bail , Wooley, Amthor, Hinton. Present, Mexico: See below.' General Swing contended that these trips were for the purpose of consulting with Mexican officials on an informal basis and that hunting was done only incidentally. General Swing asserted the value of such infor al contacts. He claimed that they had resulted in many important] concessions from the Mexican Government to the advantage of he United States Government, and in greater cooperation from M xican officials which had substantially assisted him in the Immigration Service operation on the Mexican border (p: 21). It should be note and General Swing conceded (p. 142) that the above list of "officials" contains no person equivalent in rank to the United States Commissioner of Immigration and Naturalization... In addition, with the exception of a person listed as "chief, Mexican Border Patrol," the ist does not contain a single Mexican immigration official. General. Swing did make vague references to the Governor of a State of Mexico an also to a Mexican General (pp. 7, 9, 10, 11, 24, 25, 37, 41, 42, 43,4 , 50, 60). Upon close interrogation, however, he admitted that neither of these individuals ever attended his "official" hunting trips into the interior of Mexico. (Pp. 7-9.) 1 Angusto Cardenas, mayor f Matamoros; Enrique Moreno Olaguibel, chief, Mexican Border Patrol; Ricardo Solezzi, chief of police, Matamoros; Pablo Macias Hernandez, chief of customs, Matamoros;, Venustiano Guerra Garcia, Fe oral and State judge, Matamoros region; Dr. Pablo Balboa, Mexican Public Health Service; Antonio Cue a,,Franciseo Saenz, Emilio Carpio, Luis Oarza Soto, Mexican customs; officers. Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070001-6 ApprovAfel s&2,gR:rCl&F (4?RWoq070901-6 Two of the sites selected for General Swing's "conferences" with Mexican "officials" were located in extremely isolated locations, excel- lent for hunting, but surrounded by chaparral, cactus, and sagebrush and accessibly, except by air, only by traveling 80 miles, in 1 instance, and 110, in another., over rough roads. Regarding advance arrangements made for meeting with these Mexican officials, General Swing testified in connection with the September 1955 trip: I didn't invite anybody. Let us say that these gentlemen all along were aware that I would be down about that time. I hoped they would come and talk with me, and they did (p. 60). General Swing conceded that the time on these trips was not com- pletely consumed by official conferences with. Mexican dignitaries. With respect to entertainment, he said: The entertainment, part of it is my personal [sic], and the men with me, is our personal business. We buy the beer, we buy the edibles, canned goods, and so forth, and I do not see why I and the officers with me cannot ask anybody they choose to sit down (p. 150). The following further examination, however, brought forth that while the entertainment may have been General Swing's personal business, the expense was not: Mr. MOLLOHAN. You mean you bought the foodstuffs and everything yourself? General SWING. Yes. Mr. MOLLOIIAN. None of you were on per diem from the the Federal Government? General SWING. Yes, we have to be on per diem on an offi- cial visit (p. 151). It should be noted that Government equipment was used to trans- port the party to the hunting site and a Government-owned house trailer used to house the members of the party. SEIZURE OF GUNS BY MEXICAN GAME WARDEN, SEPTEMBER 5, 1955 According to a deposition given by Adolph Amthor, border patrol investigator, and supplied to the subcommittee by General Swing's office: On September 5, 1955, three members of General Swing's hunting party, chief patrol inspector, George Harrison of the McAllen, Tex., sector, patrol inspector E. W. Woolley, and Adolph Amthor, were asked for their hunting licenses by Dionicio Ochoa, game warden for the San Fernando District, Mexico. Amthor described the incident as follows: I advised the game warden that our permits were in another car which was not present at the site; that it would be back in a short time. He told me that he could secure proper permits for the party at a cost of approximately $20 United States per person or a total of about $1.80. Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070001-6 Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070001-6 b IMPROPER USE OF GOVERNMENT EQUIPMENT AND PERSONNEL He first requested us to accompany him to San Fernando until he could produce the permits in our possession. Later, he agreed to hold three of the parties' guns as security that we would app ar with the proper permits. The estimate ofj$180 for licenses indicates that 9 persons, or the whole party inclu ing General Swing, were still present or in the vicinity when the guns were seized. The reference to the licenses being in another car also points to presence of other members of the party being in the vicinity. General Swing testified repeatedly that he had already left the camp at the time the guns were seized and that he had never seen the game warden and lid not hear of the incident until about a month later: I was gone. I never saw the game warden. * * * I was gone to the States by car (p. 26). "I learned (about) this a month or so latter'.' (p. 10). General Swing fist testified that he hunted 2 full clays on September 3 and 4 and left early in the morning on September 5 (pp. 66-67). However, later, hell was reminded by the testimony of Mr. Dewitt Marshall, deputy chief of the border patrol, that he had attended a barbecue at Mc llen, Tex., on September 3. The General then testified, then this must be the 4th and 5th (p. 110). His final testimony then was: I was there two days. I say from the fact that we were at the barbecu~ (at McAllen, Tex.) on the 3rd, the two days I was there would have been the 4th and the 5th, leaving early on the 6th (p. 113). On another occa and he left the cam- warning (p. 11). ' tember 5 (plane lob General Swing r Amthor, Hinton, ai had left for the Stu warden and that he later (pp. 10, 26). At the request of tion from Amthor. were seized on Sepi September 6 and r However, the Br_ as a passenger on September 6 for Vii not have been at t at the same time. In an effort to rc submitted the folio, 1956: ,ion, he stated that the party broke up hurriedly after a border patrol plane dropped the hurricane Phis warning was dropped about 12 noon on Sep- ~peatedly stated that the guns were taken from id Woolley (pp. 10, 40, 113). He testified that he tes at the time the guns were seized by the game did not learn of the incident until about a month the subcommittee, the General submitted a deposi- Amthor stated he was present when the guns ember 5; that he recovered them the next day on turned to Brownsville on September 7. ,wnsville Airport manager's office recorded Amthor a border patrol plane which left Brownsville on ;toria, Mexico (p. 114). Obviously Amthor could ae campsite and boarding a plane in Brownsville concile these discrepancies, General Swing's office wing information to the subcommittee on July 18, On Septcmb~r 5, 1955, the helioplane cleared for Victoria, lone, carrying a message regarding Hurricane Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070001-6 Appro 11C RCIPET ZJS s& URff~T~` JTfRGTElQ'r .070A01-6 Gladys. The pilot dropped the message without landing and flew back to Brownsville. That same day General Swing, Mr. Gilman, and Mr. Amthor returned to the United States. On September 6, 1955, the helioplane again cleared for Victoria, this time with the pilot accompanied by Messrs. Gilman and Amthor and one Mexican official. Again the plane did not land but dropped a message to Messrs. Hinton and Woolley concerning road conditions resulting from the storm. The same day, September 6, 1955, Mr. Amthor returned to the campsite by jeep, saw the game warden, and obtained the three guns. All three men then returned to the United States on September 7, 1955, bringing the truck and trailer. This clears up Mr. Amtlior's statement except that he is now reported returning on September 5 with General Swing. All testimony and supplemental information received by the subcommittee up to July 23, 1956, agreed that Amthor was present when the guns were seized on September 5. However, if Amthor had left with General Swing, General Swing's statement that he had returned to the States at the time the guns were seized, is false. General Swing's repeated testimony that lie left early in the morning on the 6th, after receiving a plane message warning of the hurricane, contradicts his statement that they left hurriedly after the warning was dropped (noon, Sep- tember 5) and also contradicts the supplemental information which gives September 5 as the day of departure. At 2 p. in. on July 23, 1956, General Swinghad aletterhand delivered to the chairman which reads as follows: DEPARTMENT OF JUSTICE, IMMIGRATION AND NATURALIZATION SERVICE, Washington, D. C., July ,23, 1956. HOn. ROBERT H. MOLLOHAN, House of Representatives, Washington, D. C. DEAR MR. MOLLOHAN: Upon my return to Washington I have reviewed the attachments to the letter of July 18th submitted to you by my executive assistant. A reading of the digest of additional information thereto attached, discloses a misconception which could be drawn from the recital: "That same day (September 5th) General Swing, Mr. Gilman, and Mr. Amthor returned to the United States." A more detailed statement of the events of that day follows: "On September 5, 1955, the helioplane cleared for Victoria, with the pilot alone, carrying a message regarding Hurricane Gladys. The pilot dropped the message without landing and flew back to Browns- ville. In the forenoon of that day I crossed back into the United States, accompanied by Gilman, Carter, and Quandt, departing Brownsville at 2 p. m. for Washington, D. C. I was in my office in Washington on September 6th. After my departure occurred the incident with the game warden, Ochoa, described in more detail in Mr. Amthor's affidavit. Shortly after this event, in the afternoon of September 5th, Mr. Amthor crossed into the United States by car. Amthor flew back over the campsite in the helioplane that same after- noon, and after returning to Brownsville without landing, again returned to the campsite by car that evening." Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070001-6 Apprgve A%%t oOoQ//NqIQFPIfO 0044D2RO~Qo 0000001-6 Of further inter st in clarifying the situation, there is attached a recently made photograph of me to which Game Warden Ochoa has signed the followin (translated) statement on the reverse: I I hereby certify by my signature and my seal of office that I have never seen the person here photographed. Sincerely yours, This July 23 recital flatly contradicts the submission made on July 18, in placing General Swing's departure in .the forenoon of the 5th instead of the 6th. This forenoon departure is contradicted by the log of the plare which dropped the hurricane warning about 12 noon on the 5th. If the log is correct, the General could not have departed until the afternoon. It also substitutes Mr. Carter (Chief of the United States Border Patrol) and Colon 1 Quandt as his traveling companion in place of Amthor. Amthor is reported to have driven back to Brownsville in the afternoon. This is a 110-mile trip over very rough roads. Thus, Mr. Amthor on the afternoon of the 5th had his guii taken by the game warden, dro e 110 miles to Brownsville, flew back to the camp- site, returned to Brownsville, and then drove a jeep 110 miles back to the campsite. However, there is no record of this second plane flight into Mexico either on the plane log submitted by General Swing or at the office of the manager of the Brownsville airport which clears all plane flights int Mexico. On the basis of information made available to date by General Swing, the subcommittee is at a loss to resolve the doubts arising from the foregoing welte of conflicting, sworn statements and documentary Further contributing to this confusion, General Swing, at the last minute, submitted Ochoa,, despite the his character and 1 Attention must ing his "observant When asked if Swing testified as f in his own behalf an affidavit by Game Warden fact that during the hearing Swing had impugned lso be given to General Swing's assertion concern- " of Mexican hunting laws. G. I considered myself fully equipped with General Swi all the documei Army, I used never entered documents. V immediate step Mr. PLAPINC mits in any otl Mr. SWING. Mr. PLAPINC eral Zamora. Mr. SWING. eral Zamora. Mr. MOLLOI sion? Mr. SWING. ts. Might I say that even while I was in the to hunt a lot in Mexico all the time and it y head that we didn't have all the proper s to rectify the situation. ER. Was there any attempt to obtain the per- er place, in Reynosa, for instance? We had the proper documents for Reynosa. ER. That had been arranged for you by Gen- he Governor had arranged through this Gen- AN. Were those documents in your posses- Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070001-6 Approl@ 9r1R k p o l e 20"93125n i U 4'28 OC4OD07@001-6 Mr. MOLLOHHAN. What did they consist of? Were they gun permits, a license to hunt, were they a letter permit? Mr. SWING. You have a gun permit and a license of some kind. Later, General Swing asserted that "when you are a guest invited there by the Governor of the State, it is not necessary to have docu- ments. I could go down tomorrow without any documents and hunt in Tamaulipas, or in any other of the States along there, because I am known to the officials. The officers there did think they had some documents, but they weren't necessary." (p. 50.) The General's confidence (or possibly that of his subordinates) in this assertion was not apparent on November 26, 1955, less than 3 months after this incident. On this occasion, the game warden in Matamoros issued hunting licenses to General Swing, Harlan Carter, Leonard Gilman, and George Harrison, and import permits for seven guns (p. 136). Later in his testimony, he admitted "I never had a piece of paper in my own possession" (p. 63). "* * * Mr. Harrison (Chief Patrol Inspector at McAllen) undoubtedly had some documents * * *. The only question I asked was, "is everything ship-shape?" (p. 64). Following the hearing, General Swing supplied the documents which had been in possession of the party on the September 4-5 hunt. They consisted of five individual permits to enter the country with a gun (identified by serial number) and had been issued to Messrs. Joe Swing, Douglas Quandt, H. B. Carter, George W. Harrison, and David Carnahan. (Carnahan's name, incidentally, does not appear as on the list of the September hunting party. Apparently, Amthor, Woolley, Gilman, and Hinton had no documents at all. There were nine guns in the party (p. 112). The permits specifically state that the holder may hunt "upon permission from the Forestry Bureau of Hunting and Fishing." Information from the Mexican consul in Washington states "there are special local and district offices from which licenses may be obtained." Although General Swing alleged that he and his party were guests of the Governor, it seems strange that they did not have a letter or document so stating which could be presented to any official in the State. No documents were offered to the game warden in San Fer- nando. Amthor stated that the gams warden offered to issue the necessary permits for about $20. (According to the Mexican Em- bassy, Mexican. law requires a fee of $19.40 for a hunting permit.) This offer was refused. by Am.thor as "an improper attempt on the game warden's part to obtain money not justly due him or the Mexi- can Government." (Amthor deposition.) General Swing described it as an attempt to get "mordida"-or a "bite," (p. 10) though the amount requested was equivalent to the lawful hunting license fee. In the absence of any documents, the game warden, in the course of his duties, took up the three guns. General Swing testified that" * * the officers * * * immediately wired the Governor, who had gone to Mexico City and this General Zamora. General Zamora wired his opposite number in this district below Brownsville that we were there at the Governor's invitation. The Governor wired the game warden that our papers were in order and that the guns should be returned, and I am told, lie transferred Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070001-6 Apprq,*d 'o as ~i9Q kk~ Cvl KQi,K4 4r2FKM W001-6 the game warden out of that area for--well, it was considered quite rude, because eve~yone else knew we were guests of the Governor" (p. 10). General Swing greed to furnish the subcommittee with a copy of the Governor's tel gram to the game warden ordering the return of the guns. However, t has not been made available and it can only be conjectured as to how the Mexican officials extricated the General and his party wi h the least strain on. American-Mexican relations (p. 1] 2). The subcommittee also received reports that during this September hunting trip, General Swing's house trailer suffered extensive damage requiring over a week's repair work at the McAllen Border Patrol Center. General Swing testified that the damage to the trailer was very minor (p. 117), a "broken hitch" and "the mesquite scratched the side" .(p. 51). Mr. Marshall, Deputy Chief of the Border Patrol, stated that Mr. A thor had reported the damage as, "it was scratched, it had some paint scratched off the side of it" (p. 52). Specific records on the repairs we re requested and a purchase order for $44.75 was supplied-replace eats for 5 awnings, 1 window unit, door handle, and clearance lights. A further bill for 2 sheets of aluminum, 3 feet by 10 feet, at $38, vas reported. No record of man-hours was supplied to show the extent of the work performed at the McAllen Center. It would appear that the damage was somewhat more extensive than scratched paint. During the September 1955 trip, two airplane flights were made to the campsite at an Fernando. Subcommittee investigators found Mexican customs clearances and flight plans for this destination in the office of the Brownsville Airport. However, the flight log sub- mitted by the Im igration and Naturalization Service lists the flight on September 5 a Brownsville to Brownsville and the September 6 flight as McAllen to Brownsville, both flights being described as local. On November 4 6, General Swing hunted at the ranch of Don Simon Garcia. He hunted there again on December 2 to 4 and a third time from January 12-. 5, 1956. This site was particularly convenient for airplane use as natural landing field-a dry lakebed-was im- mediately adjacen to the campsite. The General admitted to using the helioplane on he January 1956 trip. A border patrol plane was reported to the s bcommittee to have been seen there also in late November 1955, presumably in connection with the early December 1955, trip. However, General Swing, while testifying, stated that he had not gone on t d s trip though it had been planned. Information submitted by his o ice subsequently confirmed that he had hunted at Don Simon Garci 's ranch in early December. Operation Alert simulation of a su gency relocation i] OPERATION ALERT, JUNE 1955 held on June 15, 16, 17, 1955, was intended to be a rprise enemy attack on Washington and an emer- i other cities of Federal agencies. Following this Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070001-6 Approy0 E jZ"*9 &OOMf rT G DP0 -44 OOO9]1TOOO dOO1-6 'operation, the subcommittee received information that General Swing, because he was dissatisfied with local hotel accommodations, had ordered two house trailers to be hauled from Brownsville, Tex.-some 1,700 miles from the relocation center-and a third from Miami, Fla., a distance of more than. 1,200 miles. The trailers were reported to have traveled night and day to reach the site on time. All three ,trucks needed alterations and repairs on arrival. A call to General Swing's office brought the response that no in.forma- tion could be given concerning the incident as all information per- taining to Operation Alert was classified. It should be noted that Operation Alert was well publicized by the. press and only the reloca- tion site of the agencies was not reported. General Swing was questioned concerning this incident. He testi- fied that "they (the house trailers) are used to house these officers who are charged with the security of the whole Attorney General's relocation and it is quite necessary that they be there because, un- fortunately, the relocation center does not have many accommoda- dations" (p. 146). Since the hearing, affidavits as to the availability of accommoda- tions have been. secured by the subcommittee from the managers of two hotels in the city which served as the relocation center. One hotel reported 50 rooms available on June 15; 54 rooms on June 16, 57 rooms on June 17. The manager of this hotel reported no request had been received for accommodations for United States officials for the above-mentioned dates. The second hotel reported no rooms available on June 15; 11 rooms on June 16; 48 rooms on June 17. The general's observation that "unfortunately the relocation center does not have many accommodations" seems open to question. The 3 trailers could accommodate 12 persons (p. 13). There were over 50 hotel rooms available. THE ATTORNEY GENERAL LETTER On June 21, 1956, the Attorney General addressed a letter to the chairman of the Committee on Government Operations protesting that committee representatives- were investigating allegations of misappropriation of funds by Gen. Joseph M. Swing (retired), Commissioner of the Immigration and Naturalization service * * *. You have my assurance that if there are any such matters which require investigation in possession of your committee and you bring them to my attention, I will have them thoroughly investigated by the FBI and a report made to you concerning the result thereof. The letter was referred to the chairman of this subcommittee for reply, and on July 2, 1956, wrote the Attorney General. The reply is quoted here in part: As you are undoubtedly aware, the Government Opera- tions Committee is charged with determining efficiency and economy of operation of executive agencies. In the discharge of my responsibilities as chairman of this subcommittee, and in accordance with a unanimous resolution of the sub- committee, I authorized Mr. Johnson, subcommittee staff Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070001-6 ApprdQed of #. (2008 1 Sit DA0449FA4g j0001-6 director, and Mr. John L. Anderson, staff investigator, to proceed to Texas recently to investigate the authenticity of information r ceived by the subcommittee on irregularities in the Service originating in that area. Each Servi e employee interviewed was told specifically that the subs mmittee was investigating reports concerning the use by Go &al Swing of Government vehicles on hunting trips to Mexico. Implicit in such a statement is the misap- plication of Government property bought obviously with appropriated unds. I find it difficult to believe that stated honesty of purpose of the investigation constitutes an impropriety. I am satisfied that the investigation was. handled with complete. propriety. I am happy to note your offer to make an FBI investiga- tion of the matter and make the FBI report available to the subcommittee While the subcommittee is in the process of discharging its duties, I see nothing inconsistent in the FBI undertaking an investigation of the same matter. In fact, I welcom your cooperation in this regard. I am pleased also to note the apparent departure, at least in one respect, from executiv ; branch inhibitions on making information available to congressional committees which are set forth in your 1954 me norandum to the President. At the time of his report, no reply has been ' received from the Attorney General, nor has any report been received on the findings of the FBI to indicate that the Attorney General has ordered an investigation. 1. General Swine's protestations that his hunting trips were organ- ized primarily for conferences with Mexican officials and only inci- dentally for pleasure, are less than convincing. His references to conferences with Mexican officials were vague. In one instance, he admitted that he h %(I not invited, but hoped Mexican officials would come to his camp. 2. General Swing's hunting trips must be regarded improper and unnecessary, contributing little, if anything, to the effectiveness or efficiency of his agency's operation. His use of Government equip- ment and Governor nt personnel was an improper use of appropriated funds. 3. General Swing's ordering the movement of 3 trailers over 1,500 miles to the Department of Justice relocation center during Operation Alert in June 1955, when adequate hotel facilities were available, must be egarded as an unwarranted waste of United States Government funds as well as a complete operational absurdity. Should an atomic a tack on Washington ever occur, it is unlikely that the enemy will give several days warning to enable General Swing to arrange things for his maximum comfort and convenience. 4. We recommen l that the General Accounting Office conduct an extensive survey of he expenditures of the Immigration and Naturali- zation Service. Congress has been more generous in appropriating funds for the Service under General Swing than with any previous, Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070001-6 Approved For Release 2003/03/25 : CIA-RDP60-00442R00010007 01-6 IMPROPER USE OF GOVERNMENT EQUIPMENT AND PERSONNEL 1 Commissioner. The Service, under General Swing, has been credited with a highly effective border patrol operation, but the results of this hearing indicate misuse of Government equipment, personnel, and the drawing of per diem allowances when on hunting trips. 5. General Swing's outright denial of the trip in December 1955 and his omission of the one a year earlier could ordinarily be attributed to mere lapses of memory. However, elaborate arrangements were required in each case, and the later one occurred only 7 months prior to Swing's appearance before the subcommittee. Furthermore, the admissions were forthcoming only after confrontation of General Swing with factual information. Considering General Swing's testimony as a whole, it should be pointed out that these additional trips had not been reported voluntarily to the subcommittee before further inquiry, even though some 10 days had elapsed since the hearing. 6. Much of his testimony is replete with conflicting and incom- patible statements. The material prepared from his personal papers flatly contradicts his own testimony. The deposition from Adolph Amthor submitted by General Swing and the other belated submissions add even more to the confusion in the conflict of statements. 7. In light of the information brought forth in this inquiry, it is recommended that the Attorney General carefully examine the record of this hearing. It appears to the subcommittee that the conduct of General Swing, through his activities and also through his lack of candor during these hearings, is not consistent with the conduct which one associates with the high office of Commissioner of Immigration and Naturalization. Approved For Release 2003/03/25 : CIA-RDP60-00442R000100070001-6