JFK ASSASSINATION SYSTEM IDENTIFICATION FORM AGENCY INFORMATION AGENCY ROCKCOM RECORD NUMBER 1731000210099 2qr RECORDS SERIES FILES AGENCY FILE NUMBER G-C-H VII-C DOCUMENT INFORMATION ORIGINATOR FROM To ROCKEFELLER COMMISSION THE COMMISSION TITLE JURISDICTION OF THE COMMISSION DATE PAGES 3 ROCKEFELLER COMMISSION ASSASSINATIONS FOREIGN LEADERS DOCUMENT TYPE PAPER TEXTUAL DOCUMENT CLASSIFICATION RESTRICTIONS CURRENT STATUS DATE OF LAST REVIEW 07 01 93 OPENING CRITERIA COMMENTS No author given ITEM IS RESTRICTED Date 07f01 93 Pagezl I PEERL-I 02338 51% 51 MEMORANDUM FOR ITHE COMMISSION A SUBJECT It has been further'alleged that in at least one of these attempts the CIA worked through organised criminal elements in the United -States and other personnel in the U S who were provided with weapons 'ammunition and meney for the purpose evaluate any facts relating to activities conducted within the U S by the Central Intelligence Agency which give rise to questions of compliance with the provisions of 50 U S C 4033 - relating to the Commission's power and duty to investigate these allegations together with the recommendations of the staff LEGAL ARGUMENTS I gation are twoefoldcoamsmon on CIA WITHIN THE UNITED STATES Washington DC 20500 March 10 1975 Jurisdiction of the Commission 17 W 2 The President directed the Commission to Ascertain and ear nose isosceona 5s 3 This memorandum sets forth legal and practical arguments 4 gpposing Investigation The arguments opposing investie a In General Terms It was the plain intention of the Executive Order to exclude CIA overseas operations from-the Commission's review The alleged assassination efforts are sensational in nature but they are not different in principle from other clandestine operations so far as the jurisdiction of this Commission is concerned All such operations require some domestic planning and support If an operation involves some illegal activity we such as a breakuin or a theft of docu- ments the planning and support could technically be con- sidered a domestic conspiracy to commit an illegal act and thus to come within the Commission charter is obviously too broad It is only when the operation's target is domestic that the Commission should become involved ravasxc cans 4a'aqvass DECLASSIFIED - -1 5 ction Let 0f I J's KAesaaG- Em f agendaennhatuh 13 JEEL EQT Ewen as 02-526 JFK ACT Such a construction ions of 50 U S C 403 -nct-j Section 403 rovides the Agency shall have no police subpena law engorcement functions but otherwise urther assumed these constitute they do not otherwise violate- hey may involve duties related to intelligence 50 U S C 403 whatever else 5 Favoring Investigat ion The legal arguments favoring investigation are three-fold p_General Terms EVen assuming that the assassinati attempts were properly authorized and directed a separate issue is presented by the negotiations and preparations with nonegovernment personnel The Commission in other cases is considering whether domestic activities were proper even thong The Commission Agency to i itimate over-d3 I seas objective just as it is deciding whether mail openings g 2 lare appropri means of supporting other legitimate overseas objectives b En Technical Terms It is wrong to construe narrowly the limits on the CIA's authority Aside from the specifbc 3 limitations on internal security functions the National -being examined in terms of consistency with public policy and with other laws and constitutional provisions The Commission which gave rise to it Under the proper standard it is limportant to investigate the nature of any relations between the CIA and organised crime including those alleged here o Pendent Jurisdiction 'Once the Commission goes so far as to investigate the Mafia connection it will be very difficult not to explore all the assassination allegations Two legal theories could be relied on to inquire into these related matters First if the Commission decides that dealings with organized crime are properly within its purview it would be appropriate to examine the other alleged assassination 526 JFK ACT RELEASED PER ELL-102- respectable arguments can be made z cmmission can and should H-jurisdiction extends the assassination attempts that did n0t involve -_-Mafia or other non CIA personnel in the question -Morecver since substantial arguments can - others would be the worst of loutside the scope of its in 611 the public spee i resolved the Commission had determined to investigate analogies exist whereby a court with jurisdiction over- only part of a dispute may nevertheless decide all issues in order to dispose of the matter in an orderly and_efficient way interest in The Staff feels that while either way by far the better- Mafia onnection is-a matter which the- investigate Whether the Commission's -5 h_Staff Recommendations view'is that the alleged U S The arguments from a strictly legal is a considerably olos preponderate against point of view probabl investigation but from a practical point of -o - - view may favor investigation PRACTICAL ARGUMENTS - Lg a 6 Opposing investigation The allegations if true will prove seriously embarrassing to the U conduct of the nation's foreign policy The allegations though sensational were apparently of isolated operations Investigation 9 may distract the attention and the limited resources of the CommissiE S and will adversely affect its inquiry - Favoring Investigation We'should not limit ourselves because of what may be embarrassing Besides at this point there can be no doubt that the allegations if true will be confirmed Tye only_issue is whether the confirmation will come from the Agency from this Commission or from Congress There is a substantial public interest in having the matter disposed of as as possible 5 be made that the allegatidgs are within the Commission's charter refusal to investigate will be seen by many as confirmation that desire to conduct a thorough and independent investigation 'This is particularly true if the Commission simply ignores the charges or relies on what appears to be an overly technical reading of its charts To investigate only the Mafia related charges and to ignore the both worlds - Staff Recommendations Unless the CIA makes full dis- closure on its own the Staff strongly feels that the Commission should investigate the allegations and include the results of the investigation in its report Stews sans ITIVE i I Itlc gws -mt'M H I I - PER P L -102-526 JFK AC the Commission does not in fac I quiry but that in view oaths Rockefeller Commission David Belin to Members of Rock Comm Jurisdiction of Commissions re investigation on Assassinations 1975 03 10 Source CHECK JFK Assass Recrds GRFL Rock Commission Mr Hunt Clapper Baker Weidner Gellhorn etc Box 10 f CC-H II-B Clartk Clifford interv