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Assistant Attorney General -Criminal Division .- - .- NOTE CONTINUED: - The Assistant U. S. Attorney (CAUSA) in San Francisco has failed in attempts to quash the subpoena, and Agent Jimerson appeared in the Alameda County Superior Court, 5/8/74, at which time a hearing was held and arguments presented regarding the relevance of electronic surveillances in connection with: the local arrest of Hood. A ruling in this matter was scheduled 5/14/74 and SA Jimerson was ordered to be available for recall if the judge ruled the electronic surveillance matter to be relevant. Departmental Attorney Guy Goodwin, who has been furnished copies of pertinent correspondence in this matter, in telephonic discussion 5/9/74, indicated the AUSA in San Francisco should be in possession of instructions from the Attorney General refusing Agent's testimony in the event the AUSA is not able to quash the subpoena and the Agent is called to court. By. coon memorandum dated 5/10/74 (attached), concurrence in this action was given by the Deputy Associete Director Edward S. Miller. © Concurrence being confirmed in writing to the Department. ADDENDUM: San Francisco, by teletype dated 5/15/74, reported SA Jimerson, in company of the AUSA, appeared in court on 5/16/74. The AUSA advised court, on instructions of the Attorney General, Agent declined testimony in this matter. SA Jimerson was excused. San Francisco will advise of any © further developments. Information concerning the court appear-— ance on 5/15/74 by SA Jimerson has been furnished to the 7 Department separately. . id