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Senator Robert C. Byrd Page 2 September 1, 1987 threat to you or any member of your staff. The Agent also advised Susick of the serious nature of the activity involved herein. A review of available law enforcement agency records had failed to locate any additional information which would. show prior similar acts on the part of Susick. After reviewing this case, it is my opinion that Susick's activities do not warrant prosecution. The evidence is circumstantial since no one can directly attribute the calls to Susick. This, coupled with the fact that the second call apparently disavowed the threat made during the first conversation, would make the possibility of a con-. viction in this case very difficult. However, we will continue to. monitor Susick's activities. If a similar situation occurs in the future or additional information is obtained, I will reevaluate my decision. If you or any member of your staff wish to discuss this matter further, please contact me. Very truly yours, WILLIAM A. KOLIBASH UNITED STATES ATTORNEY WAK/fet FBI b6 CC: b7C