LETTER FOR JOE MOODY FROM BAREFOOT SANDERS

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Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP83B00823R000100040013-9
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RIFPUB
Original Classification: 
K
Document Page Count: 
7
Document Creation Date: 
December 9, 2016
Document Release Date: 
August 24, 2000
Sequence Number: 
13
Case Number: 
Publication Date: 
April 21, 1965
Content Type: 
LETTER
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PDF icon CIA-RDP83B00823R000100040013-9.pdf360.37 KB
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Approve or Release 2001/09/03 : CIA-RDP83B00823R000100040013-9 UNITED- STATES DEPARTMENT OF JUSTICE OFFICE OF THE DEPUTY ATTORNEY GENERAL '` 1' ^ ~i~?'~J''.-"" .-._ April 21, 1965 7,4 Z2 Mr. Joe Moody General Counsel General Services'Administration Washington, D. C. Dear Joe: I am enclosin a cony of a memo:?andum which has been sent to all United States Attorneys on the subject: of demonstrations and sit.-ins on Federal property. You will note that we have suggest:(-:,d that the United States Attorney? in the event of demonstrations ., should m.ainta'i n close c orrmuri-1-cat ion wit .1 the agency in. charge of the Federal prc:i)e'~ ty and 17.1:c:Iy to be involved, We hope: that the i;,zsuance of help us to have a. uJ7 _fo m Federal GovE?:.t"l:11'[`on , policy demonstrations Sl.1 tTI I]..:a doccur in. the future as they d.id the ears, part of March. ~ ( 1.'lt General .3 Approved For Release 2001/09/03': CIA-RDP83B00823R000100040013-9 ; Approved ,eiease 2001/09/03: CIA-RDP83B00PW000100040013-9 UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF THE DEPUTY ATTORNEY GENERAL WASHINGTON. D. C. 11631 .1. Keep informed through. press media and other sources of information of planned or predicted events and activities which might culminate in demonstrations or "sit- ins" on Federal property. 2. The jurisdictional status of Federal property likely to be the scene of demonstrations should be clearly estab- lished. 3. Close communications should be initiated and maintained with the regional or area supervisor representing the agency in charge of the Federal property likely to be invol- ved -- such as General Services Administra- tion, Post Office Department, etc.. 4. Since United States Marshals are not in uniform,'it is difficult for them to control \demonstrations. Thus, regardless of the jurisdictional status of the Federal property, in most situations state or municipal police should be encouraged to make the necessary Approved For Release 2Q01,/09/03 CIA-RDP83B00823R000100040013-9 TO ALL UNITED STATES ATTORNEYS: what those policies and procedures should be in the g t of recent experience. and procedures. The purpose of this letter is to suggest li h In the past two months several United States Attorneys have contacted the Department regarding demonstrations and "sit-ins" at Federal Courthouses and other Federal property. In the event similar situations arise in the future, it is important that the Federal Government insofar as possible, follow uniform policies We believe that the following suggestions will be helpful-in preparing for such demonstrations: Appro For Release 2001/09/03: CIA-RDP8 0823R000100046013-9 ## -2- confrontation with demonstrators. The desirability of this will have to be ascertained, of course, in the light of local conditions. It should be established that the state, or municipal police will respond to requests from your office or from the agency in charge of the building and will use its facilities. In working with the state or municipal police you should be aware of their statutory authority, avail- able manpower,?training, attitude, equip- ment, and their plans for handling the demonstration. 5. Each attorney in your office should be familiar with the opinion of Judge Frank M. Johnson, Jr., in Hosea Williams, et al. v. Wallace, Middle District of Alabama, March 17, 1965, soon to appear in the advance sheets of the Federal Supplement. Judge Johnson discusses the rights of petition and assembly and problems related thereto. Should demonstrations occur I will appreciate your contacting me by telephone or teletype and keeping me posted on developments. In handling demonstrations on Federal property, you will want to keep in mind the following: 1. The unanticipated appearance of firearms or use of excessive force-may incite additional disturbance. 2. It is desirable to use whatever procedures appear most likely to attract the cooperation of the demonstrators. For example, meeting with a representative group of demonstrators for a brief period might be helpful. 34 The use of such devices as stretchers and wheel chairs for the removal of "lie-ins" . Approved For Release 2001/09/03 : CIA-RDP83B00823R000100040013-9 ApprovSFor Release 2001/09/03 : CIA-RDP83 08238000100040013-9 diminishes the appearance of disagreeable force, and is adaptable to the maintainence of ingress and egress for the normal conduct of business in Federal buildings. 4. Arrest of demonstrators by U. 'S . Marshals is likely to incite additional disturbance. Therefore, a cautious policy should be followed with respect to arrest. However, attacks on or physical abuse of Federal officials should not be tolerated. 5. Our experience has shown that blanket Court Orders prohibiting demonstrators from entering Federal property are not desirable and may lead to ddi a tional disturbances. Finally, we recognize that each situation is somewhat unique. In dealing with these matters there is no substitute for good judgment based on adequate preparation. We y you to exercise that good judgment and will p in any l way we can ncerel Approved For Release 2001/09/03 : CIA-RDP83B00823R000100040013-9 --< UNITED STATES GOVER .:SENT GENERAL SERVICES ADMINISTRATION Approv or Release 2001/09/03: CIA-RDP F O9 90040013-9 iV/ienoran Wm , T_- ;. All Regional Administrators Attention: Regional Directors, PBS Date: MAY 14 jOw FROM : Acting Commissioner, Public Duildingo Service In reply refer to; SUBJECT: Demonstrations. This refers to my memorandum of May 10, 1965, subject as above. The handling of demonstrations, "sit-ins," etc., has been the subject of discussion with officials of the. Department of Justice, and it has 'seen agreed that the General Services Administration will handle such mat'tero., under the direction of, an in c ose coopers ion v c,_ , -fie C~rtic ~c ~i:nc U.S. Attorney of the area cone ed.. There =let be mutual under:;_tanding -nf the rtcti cn to be taken, and ' sw ance that. such action is with legal authority and will not be in viol ; -tion of civil 1. All plans dealing with the handling of demonstrations shall be discussed with the Office of the U.S. Attorney of the area conce Led, ,and formulated with the approval and guidance of that Office. 2. Any information received regarding impending demonstrations, or_oz" demonstrations in progress, shall be forwarded immediately to the U.S. Attorneyss Office by telephone or =--morandum, as determined by the jr,?m-I- nence of the action. Field offices should be advised of Chaco procedures as coon as poczibloa Approved For Release 2001/09/03,: CIA-RDP83B00823R000100040013-9 Procedures dealing with demonstrations will be as follow;: ApprovFor Release 2001/09/03: CIA' RDP83 08238000100040013-9 UNITED STATES GOVE [ENT GENERALS ICES ADMINISTRATION 7 Washington, D.C. 20405 l Vjaenioranaum TO All Regional Adtini'trators Attention: Regional Uirectore, PBS MAY 1 01965 Date.: rRO4 : Acting Conmiooioner, Public Buildings Service strojEcT: Demonstrations In reply rcfcr to: Enclosed is a copy of a letter from the Assistant Deputy Attorney General to the CIA General Counsel dated April 21, 1.965, with an attached memo- randum to all United State =CC?T:l:'L*'S x~`',a ~.JLg p! 3 .Lci s and procedures to be followed by them in coping with tSc?R3(Jfr tratio s and Sit- ns.'' Subparagraph 3 of paragraph 2 of the attachrnnt scale with the United Stales Attorney initiating and n inta.inivig close cosrtt en` cation9 with the agency in charge of the Federal property likely to be involved. Enclosed also is a copy of a aw arand+ura from the Director, Cotnpliaance Division, to the Acting atn -t!!! .ay 5, 196 5, : t gard# ;ig plans for massive demon:? traation s, Burin;, ronth of ?'.:iv thr!~ugh r. ~h~. United States, protesting the war t- Nv.m. These memorandums are forwarded for infor ation and necess rti nact:on. Field offices should be. %Iert,ad for necerss .ry 71r-planning in rtccornrnce with chapter 10-3, Phy? tcal ? tee-_tton liand;xoo ., ``30.;n'ormaticn on demonstrations and "sit-ins" should he reportn- '~ n'~ac.cordance with GSA Order, PBS 2400.5., ?k tification of National Disasters and Other rgenciei. Enclosures 2 ay ~~ ~p oved F n '$ s~er`r1ar! 1/09/01 n the C A: RiIP~83B0~082 ~2g`00100040013-9 WI\ - 4 Approved For Release 2001/09/03 : CIA-RDP83B00823R000100040013-9 DATE TRANSMITTAL SLIP 6 August 1965 TO: '~' PPS File: Sec. 3 (Overall Policy F ROOM NO. BUILDING REMARKS: Additional copies filed in the following PPS Files: 1 - Sec. 3 PhySD Policy File II 1 - PPS Demonstration File - Cong of Unrepresented People.) AC/PhySD advised already have cop (Note: Copy forwarded to OGC, 7D-O1 Hqs, for information and file FROM: Janet ROOM NO. BUILDING EXTENSION I FFEB ORM NO 24I REPLACES FORM 36-8 S~ GPO: 1957-0-439445 (47) WHICH MAY BE USED. e) Approved For Release 2001/09/03 : CIA-RDP83B00823R000100040013-9