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HEARNAP — Part 9
Page 329
329 / 1139
yee’ GENERAL“: NVESTIGATIVE DIVISION =
Attached ceetyp evens DU. S. Attorney wk _ Ee
James Browning, San Francisco, has been pressuring. fee
Special Agent in Charge (SAC) Bates, San Francisc eS
to furnish results of our Hearnap investigation t
California State Attorney General Evelle Younger.
SAC Bates has refused to do this inasmuch as
Younger, an elected official, appears to have no 4
justifiable need for this information. Younger's
Office is not involved in any prosecutive action ‘y
in this case and to furnish him such information
could result in leaks which would be prejudicial
to the investigation and possibly endanger the
victim's safety.
We have furnished letterhead memoranda
pertaining to the investigation to the District
Attorneys of Alameda and Contra Costa counties
and the Chiefs of Police in Oakland, Berkeley, and
San Francisco. These individuals are all a
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involved in the investigation and prosecution of
this case. The District Attorney for Alameda
County -advised SAC Bates he could see no reason
for information being furnished to Younger.
On 3/12/74, USA Browning commented to SAC
Bates that in view of Bates' refusal to furnish
information to Younger, that probably the final,
decision would have to be made by Attorney General
Saxbe. Subsequently, Browning contacted SAC Bates
and advised, "You have been overruled by Attorney
General Saxbe after checking with Director Kelley.
SAC Bates thereupon informed Browning that no repont
_ would be furnished to Younger in the absence of i;
‘ instructions from FBI Headquarters. SAC Bates
notes that if leaks occurred from any such
dissemination, the FBI would be held accountable,‘
even though the information was leaked by some
other source.
SAC Bates feels that the actions of USA
Browning are improper and it would be -more
appropriate for Younger to submit a request for
such information, setting forth the reasons for
his need, at which time consideration could be
given to such a request. SAC Bates recommends
this matter be discussed with Attorney General
Saxbe to determine the facts and that if approval,
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was given by Saxbe, that the matter be discussed | ma RNR AOE
with him in detail for his reconsideration. AS } “s
General Investigative Division concurs with wk x .
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