The Burglary (101 page)

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Authors: Betty Medsger

57
But for the sake of:
Rosenfeld,
Subversives
, 233–40, 334–36.

58
On January
20,
1967
: Ibid., 371–74.

59
The FBI fought strenuously:
Ibid., 505–12.

60
Senator Dianne Feinstein:
Ibid., 508.

61
He stated that:
Ibid., 509.

62
Hoover's perception:
Charns,
Cloak and Gavel
, 2.

63
In
1965
: Theoharis, ed.,
From the Secret Files
, 272–73. Charns,
Cloak and Gavel
, 59.

64
The FBI director was watching:
Alterman,
When Presidents Lie
, 198, 224, 232.

65
Two years after:
Dallek,
Flawed Giant
, 352–53, 367, 369–70, 371.

66
Throughout the Vietnam War:
Ungar,
FBI
, 479–80.

67
It was difficult for:
Marchetti,
The CIA and the Cult of Intelligence
, 229–30.

68
In response to:
“F.B.I. Files Reply to Damage Suit,”
New York Times
, April 4, 1976.

69
From
1960
to
1966
: John M. Crewdson, “F.B.I.'s Tardiness Is Facing Inquiry: Justice Department Lawyers Heard About Burglary Files Just Before Disclosure,”
New York Times
, April 4, 1976. Crewdson, “Justice Department Indicates It Might Not Defend 3 F.B.I. Agents in Suit by Socialists Workers Party,”
New York Times
, May 11, 1976. Crewdson, “U.S. Won't Defend 2 Agents of F.B.I.,”
New York Times
, May 13, 1976.

70
Levi ordered the FBI:
“…  Mr. Levi Calls a Halt,”
New York Times
, April 1, 1976.

71
Remarkably:
“Enough Is Enough,”
New York Times
, October 10, 1975.

72
Their difficulties pale:
“Burton Vows FBI Probe: Claims Hoover Knew of Miscarriage of Justice,”
60
Minutes
, January 25, 2002. “What's in a Name?,”
Buffalo News
, June 7, 2002. Fox Butterfield, “Hoover's F.B.I. and the Mafia: Case of Bad Bedfellows Grows,”
New York Times
, August 25, 2002. Robert Barnes and Paul Lewis, “FBI Must Pay $102 Million in Mob Case: Agency Knew Witness Lied in Naming Four Men, Judge Says,”
Washington Post
, July 27, 2007. Pam Belluck, “U.S. Must Pay $101.8 Million for Role in False Convictions,”
New York Times
, July 27, 2007. Shelley Murphy and Brian
R. Ballou, “U.S. Ordered to Pay $107.7 Million in False Murder Convictions: FBI Withheld Evidence in '65 Gangland Slaying,”
Boston Globe
, July 27, 2007. Jonathan Saltzman, “U.S. Won't Appeal Verdict in Case of Four Framed by FBI,”
Boston Globe
, May 1, 2010. Judge Nancy Gertner, United States District Court for the District of Massachusetts,
Peter J. Limone, et. al., Plaintiffs, v. United States of America, Defendant
, Civ. Action No. 02cv10890-NG, Memorandum and Order Re: Bench Trial, 1–223, July 26, 2007.

73
Former FBI director Robert Mueller:
Kevin Cullen, “A Lingering Question for the FBI's Director,”
Boston Globe
, July 24, 2011.

74
Another federal judge:
Laurence H. Silberman, “Hoover's Institution,”
Wall Street Journal
, July 20, 2005.

75
He also recommended:
Robert Novak, “Removing J. Edgar Hoover's Name,”
Lincoln (NE) Tribune
, December 1, 2005. Johanna Neuman, “A Chorus of Hoover Critics,”
Los Angeles Times
, December 31, 2005.

76
Considered a classic:
Aaron Latham, “Top Secrets at Top Cost,”
Washington Post
, July 25, 1970. A few observations about the then under construction headquarters, which Hoover had been involved in designing for more than a decade: More space was provided for domestic intelligence than for criminal investigations; the space allocated for (predigital) intelligence files would occupy more than a half million square feet, one-third of the total floor space; the director wanted but failed to get approval for a nuclear reactor on the bottom floor; Hoover adamantly opposed having any freestanding columns because he thought they would provide ideal cover for assassins. Bryan Bender, “FBI Gives a Glimpse of Its Most Secret Layer,”
Boston Globe
, March 29, 2010. The volume taken up by the “most highly sensitive” files Hoover kept separate from other files in a “special file room” became so large that in 1961 the files were moved to another building “out of fear that the Justice Department Building, where [the bureau] was housed, could not withstand the weight.” That building, at 9th Street and Constitution Avenue, is a massive steel-framed structure.

20.
CLOSING CASES

Unless otherwise indicated, all comments and information attributed to Neil Welch are from interviews conducted with him in person, by phone, and in correspondence.

1
As Kelley gradually:
Tom Wicker, “What Have They Done Since They Shot Dillinger?,”
New York Times
, December 28 1969: “Hoover had written and insisted throughout the fifties and sixties that there was no Mafia; and of the hundreds of bureau agents in the New York area, [Robert] Kennedy found only two assigned to organized crime.”

2
Their attitude:
Ibid.: A Justice Department official says, “If you want to screw an agent, just go to Hoover and tell him you were talking with the agent and he gave you a good idea.”

3
The committee members:
Marro, “Choice to Head F.B.I. Still Eludes Carter,”
New York Times
, July 31, 1977.

4
J. Edgar Hoover understood:
Welch and Marston,
Inside Hoover's FBI
, 280–81.

5
As he settled into:
Ibid., 253.

6
In the aftermath:
Ungar,
FBI
, 484–85; this false information about the burglars, provided to Ungar by an anonymous source, was the basis of descriptions used by most authors who wrote subsequently about the burglary.

7
By
1976
: “Kelley Apologizes for F.B.I. Actions,”
New York Times
, May 9, 1976.

22.
UNCONDITIONALLY POSITIVE

1
Then, in the first semester:
Peace in Vietnam
. This report prepared by the American Friends Service Committee motivated Forsyth to become an antiwar activist.

2
In a sign of:
Invitation to Retrospective of the Camden 28 Trial, May 4, 2002.

3
Forsyth spoke up:
Transcript of video of Retrospective, May 4, 2002.

4
“We
are
a nation”:
Ibid.

24.
BUILDING LITTLE POCKETS OF LIFE

1
As Bonhoeffer:
Robertson,
The Shame and the Sacrifice
, 176.

25.
YOU DIDN'T DO THAT

1
Interestingly, the two primary:
E. Forrest Harris Sr., “The Black Church's Influence on Dietrich Bonhoeffer,”
http://bonhoefferblogdomain.com/2009/02/21/the-black-churchs-influence-on-dietrich-bonhoeffer/
. Scott Holland, “First We Take Manhattan, Then We Take Berlin: Bonhoeffer's New York,”
http://www.crosscurrents.org/hollandf20.htm
. David Pacchioli, “Bonhoeffer's Dilemma,”
http://news.psu.edu/story/140578/2000/05/01/research/bonhoeffer's-dilemma
. Robertson,
Shame and the Sacrifice
, 54–68, 141–73.

2
In a forceful private memo:
Laurence Stern, “Humphrey Early Critic of Viet War,”
Washington Post,
May 9, 1976. Ted Van Dyk, “HHH: Insights and Memories,”
Washington Post,
June 6, 1976.

26.
FRAGILE REFORM

1
At the end of its work:
Schwarz and Huq,
Unchecked and Unbalanced
, 50.

2
The effort to turn:
Kathy Olmsted, “Lies About the Church Committee,”
Chronicle of Higher Education
, August 25, 2009.

3
One of the first attacks:
Schwarz and Huq,
Unchecked and Unbalanced,
52.

4
Such attacks:
Ibid., 225n46. Mary Ferrell, “Post-Watergate Intelligence Investigations,”
http://www.maryferrell.org
. Chris Mooney, “Back to Church,”
American Prospect
, December 19, 2001.

5
In March
2005
: James Ridgeway, “The Bush Family Coup: Son Revisits the Sins of the Father on America,”
Village Voice
, December 27, 2005.

6
Setting a ten-year limit:
Vivian S. Chu and Henry B. Hogue, “FBI Directorship: History and Congressional Action,” Congressional Research Service, June 7, 2011, 1. Schwarz and Huq,
Unchecked and Unbalanced
, 54.

7
In
1978
: Schwarz and Huq,
Unchecked and Unbalanced
, 53.

8
A fierce debate:
“The F.B.I. Under Law,” editorial,
Nation,
October 6, 1979. “Symposium: Chartering the F.B.I.,”
Nation
, October 6, 1979. “Proposed Charter for F.B.I. Criticized,”
New York Times,
November 5, 1979. Schwarz and Huq,
Unchecked and Unbalanced
, 51.

9
The politics of intelligence:
Schwarz and Huq,
Unchecked and Unbalanced,
54.

10
With Congress's failure:
Berman,
Domestic Intelligence
, 10–12. “The Federal Bureau of Investigation's Compliance with the Attorney General's Investigative Guidelines: Historical Background of the Attorney General's Investigative Guidelines,” Special Report, Office of the Inspector General, September 2005.

11
It was a sign:
Schwarz and Huq,
Unchecked and Unbalanced
, 55.

12
For instance, Jennifer Dohrn:
Amy Goodman and Juan González, “Jennifer Dohrn: I Was the Target of Illegal FBI Break-ins Ordered by Mark Felt aka ‘Deep Throat,' ”
Democracy Now!
, June 2, 2005.

13
When Reagan pardoned:
Ronald Reagan, “Statement on Granting Pardons to W. Mark Felt and Edward S. Miller,” April 15, 1981,
http://www.reagan.utexas.edu/archives/speeches/1981/41581d.htm
.

14
When Felt's history:
Ruth Marcus, “Deep Throat on Trial,”
Washington Post
, December 20, 2008. Colby King, “Deep Throat's Other Legacy,”
Washington Post
, June 4, 2005.

15
After that report:
Schwarz and Huq,
Unchecked and Unbalanced
, 56.

16
In hindsight:
Philip Shenon, “F.B.I. Papers Show Wide Surveillance of Reagan Critics,”
New York Times
, January 28, 1988. “How Did the F.B.I. Go Astray?,” editorial,
New York Times
, February 6, 1988. Gentry,
J. Edgar Hoover
, 758–59. Schwarz and Huq,
Unchecked and Unbalanced
, 58–59.

17
At first, he defended:
Philip Shenon, “F.B.I.'s Chief Says Surveillance Was Justified,”
New York Times
, February 3, 1988.

18
Sessions later confessed:
Philip Shenon, “F.B.I. Reportedly Faults Its Inquiry on Foes of Latin America Policy,”
New York Times
, June 4, 1988.

19
At the White House:
Philip Shenon, “Reagan Backs F.B.I. over Surveillance,”
New York Times,
February 4, 1988.

20
It was now more difficult:
Schwarz and Huq,
Unchecked and Unbalanced
, 61.

21
A
New York Times
editorial:
“The F.B.I. Confesses,” editorial,
New York Times
, September 17, 1988. Philip Shenon, “F.B.I. Is Willing to Erase Names from Its Records,”
New York Times
, September 17, 1988. Chip Berlet, “Re-framing Dissent as Criminal Subversion: Paradigm Shift and Political Repression,”
PublicEye.org
.

22
The single most important:
O'Reilly,
Hoover and the Un-Americans
, 289.

23
‘as bad as possible':
“Veto Battle 30 Years Ago Set Freedom of Information Norms: Scalia, Rumsfeld, Cheney Opposed Open Government Bill,” November 23, 2004, Briefing Book No. 142, National Security Archive.

24
His order to the:
National Commission on Terrorist Attacks upon the United States,
Final Report of the National Commission on Terrorist Attacks upon the United States
, July 22, 2004. Lichtblau,
Bush's Law
, 84.

25
“I felt like”:
Brian McNeill, “FBI Director and Jefferson Medal Recipient Robert Mueller '73 Reflects on Bureau's Transformation After 9/11,”
UVA Lawyer
, Spring 2013, 12.

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