Wednesday, August 15, 1973 THE SUMMER DAILY Page Five Wednesday, August 15, 1973T H E SUMMER DAILY Page Five Hoover's ghost. By MARGARET GENTRY The Watergate scandal infected gate Gray, but he vows to resign Associated Press Writer the FBI when then-Acting Direc- rather than bow to political pres- WASHINGTON - The ghost of for L. Patrick Gray III allowed sure. J. Edgar Hoover lingers over the then-White House counsel John Kelley's response to the Water- FBI long after his death and the Dean III, now a confessed par- gate ,situation won high marks scandal-ridden transition to new ticipant in the coverup, to sit in from the group of scholars who leadership. as agents interviewed Watergate had conducted a generally cri- For a half-century, H o o v e r figures. tical conference on the FBI at sculpted the nation's chief law Gray turned over FBI files on Princeton University last year. enforcement agency in the gran- the investigation to the White "He has obviously responded to ite of his own convictions. But at House. And most shattering of some of the more obvious corrup- his death, the Hoover legend all, he destroyed some files re- tion that Nixon kind of forced on seemed to fade and the rock lated to the investigation alleged- them with Pat Gray - burning crumbled under the weight of Iy under pressure from former documents, going to Ohio and giv- the Watergate storm. advisers to President Nixon. ing campaign speeches, the ob- "Those patterns and the extreme right-wing mentality which sees a subversive, a communist and a threat to the foundations of the re- public in any kid with long hair--that probably will not change, at least for a long time." Herman Schwartz, Law prof. NOW THAT Clarence Kelley has taken over as the permanent director, the fury has shifted and the FBI is breathing more easily as Chapter Two begins and the troubled transition e n d s. And once again, Hoover's legend has surfaced and his principles guide the performance of his successor. The critics and admirers share the belief that Kelley will carry on in the Hoover tradition. Kellpy himself proclaimS that to be his' aim. His recent statements and past record indicate that he may tinker with the FBI machinery but not with its thinking. FBI SUPPORTERS wholeheart- edly w e I c o m e that prospect. Critics express mild optimism about Kelley's stewardship but they fear the agency may escape the thorough review they had hoped Hoover's death would en- courage. GRAY'S HOPES for confirma- tion as FBI director collapsed in the scandal and the agency itself was shaken. "When Gray got bogged ,down in Watergate, I'm sure he lost 96 per cent of the agents' sup- port," said Jack Shaw, a former agent and critic of some aspects of the FBI under Hoover. "I was very much impressed with Mr. Gray, but I lost con- siderable faith when I found out about the burning of the papers," said James Fogarty, president of the Society of Former Agents of the FBI. ACTIVE A G E N T S tend to speak warmly about Kelley but r e s p o n d with "no comment" when asked about Gray. "Any- thing which reflects on the bureau touches us all," said Tom Farrow, agent in charge of the Baltimore office. Kelley does not publicly casti- vious politicization," said Her- man Schwartz, law professor at the State University of New York at Buffalo. "HE WON'T BE the President's man. He will be independent," predicted Stephen Gillers, a New York lawyer and an organizer of the Princeton conference, which was sponsored by the Committee for Public Justice. The commit- tee is affiliated with the Ameri- can Civil Liberties Union. But the critics fear the Water- gate scandals have overshadowed more persistent problems within the FBI. "Watergate is the best laxative that's happened to this country in a long time, but it has diverted attention f r o m the structural problems of the FBI," Schwartz said. AS DEFINED by New York University law professor Norman Dorsen, "The really important things are the issues of civil liberties andhaccountability." On the accountability i s s ue, Kelley has gone beyond Hoover and called for "constructively critical" assessments from a new Senate subcommittee established to monitor FBI performance. HE AND HIS boss, Atty. Gen. Elliot Richardson, have pledged cooperation w i t h congressmen considering new legislation to prevent the agency from operat- ing at the whim of a single man and at the same time preserve its independence from political influence. Striking the proper balance is a still Ii tough dilemma, said Fogarty, the New York businessman who heads the tightly-knit society of 6,000 former agents. "If you're going to have ac- countability to, say a congres- sional committee, the chairman of that committee, who is ob- viously a politician, is going to yield considerable influence," he added. SCHWARTZ blames Congress as much as Hoover and the FBI for the cursory and polite ques- tions directed at Hoover during his annual appearances before congressional budget cimmittees. "There's no problem a b o u t control if there's a desire," he said. "Nobody goes after the FBI because they've gotten out of the habit" THE CRITICS define the areas most urgently in need of review as FBI policies and performances in the surveillance of political groups and the proliferation of computerized files on millions of persons, including arrest records of some never convicted of a crime. FBI men say both issues have been overblown. "There has been a gross exag- geration of all the things the bur- eau was accused of doing. There aren't that many agents who can conduct all this surveillance," as- serted Fogarty. BUT HE ACKNOWLEDGES that civil liberties issues are rais- ed by the practice of spying on individuals active in right-wing or left-wing causes. Yale law professor Thomas Em- erson assessed the appointment of Kelley, a 21-year FBI agent before serving as Kansas City, Mo., police chief, in these terms: "It seems it's simply pursuing a line of least resistance to name a professional police officer and ignore the problems. It's doing business as usual as if there had not been any new problems which have arisen and as if there wasn't a need to reassess the situation after the death of J. Edgar Hoov- er." UNDER HOOVER, declared Schwartz, the FBI became "large- ly a dirty tricks department which hasn't hesitated to act as a national secret police." Refering to political surveil- lance and the files on individuals, he said, "those patterns and the extreme right-wing mentality which sees a subversive, a com- munist and a threat to the foundations of the republic in any kid with long hair - that pro- bably will not change, at least not for a long time.". Criticism of political surveil- lance dogged Hoover's final years at the FBI at a time when pro- . test demonstrations and marches reached a zenith. In Kansas City, Kelley was fielding criticism on the same subject. IN A LAWSUIT still pending in federal court in Kansas City, the Vietnam Veterans Against t h e War accused Kansas City police of surveillance tactics restrict- ing the constitutional freedom of association. Arthur Benson, a Civil Liberties Union attorney involved in t h e suit, said police tactics included Dial NOW SHOWING ! 662. Open 12:45 231 Shows at 1, 3, 5, 7, 9 P.M. S. Feature 15 minutes later Slate ~ A 'Will make you T obpCoyotw o feel good all ever" - C"'ypee -Sholil NBC-TV A rumm6momOiCe V 'ESW Praout R@M ae, _ ngers FBI Director Kelley recording license numbers of cars parked near VVAW meetings; in- terviewing members' employers; "preparing dossiers on people not connected with any criminal ac- tivity," and posing as news photo- graphers at VVAW rallies. Kelley halted the latter prac- tice and said it was conduct- ed without his knowledge or ap- proval. CRITICS ARGUE that exten- sive surveillance of political ac- tivity chills free political expres- sion. They fear that the prolifer- ation of instant-recall computer files not only- dampens political activity but harms many innocent individuals. The FBI computer system - called the National Crime I n- formation Center - has millions of pieces of information f r o m thousands of state and local po- lice officers in this country and even some in Canada. The FBI says the data repre- sents "only documented police reports on crimes and criminals." Though it says the information is made available only to law en- forcement agencies, critics claim some data has fallen into the hands of banks, credit agencies and employers. "THE WHOLE computer busi- ness, when combined with the dossiers, scares the hell out of me," said Harvard law professor Vern Countryman. Lawyer Gil- lers agreed, "The main concern I have is the computerization of files - that's dangerous. W h o has access to it is a major con- cern " FBI agents defend the comput- erization as vital to modern law enforcement, and most critics concede the need for rapid crim- inal information only computers can provide. Since taking office on July 9, Kelley has not addressed publicly the issues of surveillance and computer files. SAN JUAN, P. R. (UPI) - Puerto Rico's seat of govern- ment is La Fortaleza The For- tress. It was begun in 1533 to help guard the entrance of San Juan from raiding British and Dutch fleets, but proved badly lo- cated for a fort and was turned into a governor's mansion. Its residents have included most of the 100 governors appointed by Spain, three military governors for the United States and, since 1948, three governors elected by the people of Puerto Rico. 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