(Testimony of J. Edgar Hoover)
Mr. Hoover.
going to be able to handle the situation as they would want to handle it. They have to depend upon local police organizations. Many local police departments are capable and efficient; some are not. Many have good judgment and some have not. Wherever you have a police department of 10,000, 15,000, 20,000 men you are bound to find a few who will just barge in and do something which better judgment would dictate should not be done, as in the incident which occurred in the Midwest where they placed people practically under house arrest. I think it was very bad judgment and should not have been done but the Secret Service, of course, turned the names over to the local authorities, and the local authorities do what they think is right.
Now, I guess their attitude with all justice to them is, "Well, we will resolve the risk in our favor. If we keep these people under surveillance and keep them in the house until the President gets out of town nothing can happen from them." That is what you would call totalitarian security. I don't think you can have that kind of security in this country without having a great wave of criticism against it. There is a great tendency for people to expect the intelligence forces and the law enforcement agencies to be able to go out and arrest people and bring them in and hold them endlessly and talk to them. We can't arrest a person, without probable cause, or unless he commits a crime in our presence. We have to arraign him promptly and if not done promptly, the confession that he may have made generally cannot be used against him.
Just as a collateral matter we faced that problem in California in the case of the kidnapping of Frank Sinatra, Jr. One of the kidnappers we arrested near San Diego confessed but we didn't arraign him because the other kidnappers would have left California and it would have been difficult to find them. However, the next day after arraignment he made changes in the confession and signed it so the court held that it was admissible.
The Secret Service, of course, is faced with the same problem. They just can't arrest people because they may not like their looks. They have to have facts justifying detention but the public conception is that you have a full right to go out and do these things. We have stressed in the FBI that there must be full compliance with the laws of this country and with the decisions of the Supreme Court. That is the law of the country. Now, whether a person likes it or not and there are some groups that are very violent against the decisions of the court while others are very much in favor of them, it is not for the FBI to take sides. We have a job to do and we do it under the rulings of the courts and we have been able to do it effectively.
I know when the ruling came down on the prompt arraignment, there was great shouting and some strong editorials claiming that it was going to wreck law enforcement. It hasn't wrecked us. It has made it more difficult but I think we have to face up to the fact that law enforcement in a free country must abide by the laws of that country irrespective of how difficult it is. Some persons talk about putting handcuffs on the law enforcement officers and taking them off the criminals. That is a nice catch phrase to use in a speech or article but operating within the law has not interfered with our work.
Mr. Rankin.
Mr. Hoover, I ask you about Exhibit 825 which is first a letter and then encloses certain affidavits of your agents.
Mr. Hoover.
Yes, sir.
Mr. Rankin.
You are familiar with that?
Mr. Hoover.
I am familiar with that. I read all of that and signed it.
Mr. Rankin.
You know those are the affidavits in regard to whether Lee Harvey Oswald was an agent or connected in anyway with the Bureau that you have just testified to?
Mr. Hoover.
That is correct; and the affidavits of all agents, who had any contact with him.
Mr. Rankin.
I call your attention to Exhibits 864 and 865, and ask you if you have seen those before or, you have seen the original of 864 and 865 is a photostatic copy of your letter to us in answer to 864, is that correct?
Mr. Hoover.
That is correct; yes. I recall very distinctly.
Mr. Rankin.
Do you recall those letters involved an inquiry as to any connections of Lee Harvey Oswald with Communists or any criminal groups or others that might be conspiratorial?
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