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—_ r 5 Mr. Tolson ° I also told Rogers that I thought he would remember the decision of the Supreme Ssurt in thse Irvin Case, wherein thea Bureau had been cautioned by the Department to use restraint in the usage = of electronic devices, rather than placing such devices on small-time hoodlums, as happened in the case of Irvin. I told Rogers that most certainly such phraseology meant that it would be satisfactory to use such devices on high-level racketeers and hoodlums. Fates Rogers thought for a woment or two. He then stated he would stand back of any memorandum in Bureau files which quoted him. He reiterated that ha did not want himself or Brownell to become the awe Wwe Vw 2 See waees a eS er ae are ee ee -_—_ ar a a ar scapegoat in this matter, inasmuch as it appeared perfectly obvious that Katzenbach and Kennedy were trying to embarrass both him and Brownell. I asked him what reply he would make if the press contacted him regarding the language Katzenbach proposed to send to the Supreme Court. He stated he would make "no comment" to the press if it was clearly indicated that it would embarrass the FBI. Ee added, hovever, that if Katzenbach was deliberately attempting to embarrass him and Brownell, he would fall back on the Brownell memorandum of 5/20/54 and go no further. He stated that such a position would certainly not harm the FBI in any manner. I told Mr. Rogers we deeply appreciated the time he had given us and that, in conclusion, I felt certain we could count on him. He stated if there was any doubt in my mind he would be very i happy to call the Director at that moment and explain his position. I told him there was no doubt in my mind; however, he should feel free to call the Director at any time. He then telephonically con= tacted the Director while Mr, Malone and I were in his office. Be ? | fe Upon preparing to depart Mr. Rogers' office, he asked us up to the Pan American rooftop club for quick refreshments, where we briefly went over the above-mentioned conversation a second time. RECOMMENDATIONS: 1. I will see Deputy AG Ramsey Clark as early as possible on the morning of 7/8/66 and clearly advise him of our interviews - with both former AG Rogers and Courtney Evans, ad Clark will be told that all we want is a truthful presentation of the facts, He will_. be given the facts of my interview with Rogers. He will also be told that if he stil] thinks that Evans is vague he should vy" for CONTINUED ==-—-OVER grail ‘o' =” . * eS ee Bienen ey Sekt nai oa Eat SP ~ a ee ee ana “et