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@ -29,7 +29,7 @@ relations:
with: "[[New York State Psychiatric Institute]]"
reverse: true
role: "testing of mescaline derivatives for chemical warfare"
fn: 11
fn: 12
- type: funded
with: "[[Central Intelligence Agency]]"
reverse: true
@ -40,15 +40,15 @@ relations:
reverse: true
role: "CIA retention of Fort Detrick shellfish toxin"
start: 1975
fn: 13
fn: 14
- type: participant_in
with: "[[MKSEARCH]]"
start: 1967
end: 1973
role: "through Edgewood Arsenal Research Laboratories, three Army programs under the MKCHICKWIT and MKOFTEN labels, including the testing of EA 3167"
fn: 15
fn: 16
created: 2026-09-24
updated: 2026-10-03
updated: 2026-10-15
---
The Army Chemical Corps is the branch of the [[U.S. Army]] responsible for chemical, biological and radiological warfare and defense. During [[World War I]] the German use of chemical weapons led General [[John J. Pershing]] to press for a specialized gas unit for the [[American Expeditionary Forces|American Expeditionary Force]]; the War Department created a Gas Service and, according to the Corps' regimental association, renamed it the Chemical Warfare Service (CWS) on June 2, 1918. The [[First Gas Regiment]] fought in the Meuse-Argonne and St. Mihiel campaigns.[^1] The [[National Defense Act of 1920]] made the CWS a permanent branch of the Army.[^1][^2] The regimental association dates its redesignation as the Chemical Corps to 1946.[^1]
@ -67,19 +67,19 @@ The allergist [[Harold Abramson]], one of the CIA's principal LSD researchers un
### Harold Blauer
The Chemical Corps held a contract with the [[New York State Psychiatric Institute]] (NYSPI) to test mescaline derivatives on humans for their suitability as chemical warfare agents. On January 8, 1953, [[Harold Blauer]], a tennis professional admitted for depression, died after an intravenous injection of about 450 milligrams of EA-1298, a derivative the Corps had designated as a candidate agent, administered under [[Paul Hoch]] without his knowledge or consent. The death certificate read "coronary arteriosclerosis; sudden death after intravenous injection of a mescaline derivative." Within 48 hours the Chemical Corps contract officer [[Amedeo Marrazzi]] directed efforts to conceal the Army's involvement, and at a meeting in July 1954 federal counsel, Hoch and Marrazzi discussed anticipated malpractice claims. The Second Circuit found that Hoch "was well aware that the mescaline derivative was a new compound not being administered for diagnostic or therapeutic purposes but as an experiment to study its effect for chemical warfare purposes." [[James Cattell]], who gave the injection, told Army investigators: "We didn't know whether it was dog piss or what it was we were giving him."[^11]
The Chemical Corps held a contract with the [[New York State Psychiatric Institute]] (NYSPI) to test mescaline derivatives on humans for their suitability as chemical warfare agents. On January 8, 1953, [[Harold Blauer]], a tennis professional admitted for depression, died after an intravenous injection of about 450 milligrams of EA-1298, a derivative the Corps had designated as a candidate agent, administered under [[Paul Hoch]] without his knowledge or consent. The death certificate read "coronary arteriosclerosis; sudden death after intravenous injection of a mescaline derivative." Within 48 hours the Chemical Corps contract officer [[Amedeo Marrazzi]] directed efforts to conceal the Army's involvement, and at a meeting in July 1954 federal counsel, Hoch and Marrazzi discussed anticipated malpractice claims. The Second Circuit's opinion in *Barrett v. United States* recites the estate's allegation that Hoch "was well aware that the mescaline derivative was a new compound not being administered for diagnostic or therapeutic purposes but as an experiment to study its effect for chemical warfare purposes."[^11] The same opinion places a conference of federal counsel and medical personnel in early July 1954, at which, according to records relied on by the estate, Dr. Amedeo Marazzi of the Chemical Corps and Hoch expressed apprehension about anticipated malpractice claims, and a meeting in Washington on July 12, 1954 at which Hoch stated that he would not have used the new compound for experimental purposes but for the institute's contract with the Army.[^11] [[James Cattell]], who gave the injection, told Army investigators: "We didn't know whether it was dog piss or what it was we were giving him."[^12]
An initial settlement of 18,000 dollars was paid to Blauer's family, half of it covertly by the federal government. The Army disclosed the circumstances to his daughter, [[Elizabeth Barrett]], in August 1975, and in 1987 a federal judge awarded more than 700,000 dollars to his estate.[^11][^12] Hoch became New York State Commissioner of Mental Hygiene in 1955.[^8]
An initial settlement of 18,000 dollars was paid to Blauer's family, half of it covertly by the federal government. The Army disclosed the circumstances to his daughter, [[Elizabeth Barrett]], in August 1975, and in 1987 a federal judge awarded more than 700,000 dollars to his estate.[^12][^13] Hoch became New York State Commissioner of Mental Hygiene in 1955.[^8]
### 1969 and after
On November 25, 1969, President [[Richard Nixon]] renounced the offensive biological weapons program, and in February 1970 extended the order to toxins. In 1975 the [[Church Committee]] disclosed that the CIA had kept a cache of [[shellfish toxin]] from Fort Detrick in defiance of the destruction order.[^13] In testimony of September 28, 1994, the [[General Accounting Office]] reported that the Defense Department and other national security agencies had conducted "hundreds of experiments in which hundreds of thousands of people were used as test subjects," involving "radiation, blister and nerve agents, biological agents, and LSD," some "done in secret" and others "without their knowledge or consent or their full knowledge of the risks involved."[^14]
On November 25, 1969, President [[Richard Nixon]] renounced the offensive biological weapons program, and in February 1970 extended the order to toxins. In 1975 the [[Church Committee]] disclosed that the CIA had kept a cache of [[shellfish toxin]] from Fort Detrick in defiance of the destruction order.[^14] In testimony of September 28, 1994, the [[General Accounting Office]] reported that the Defense Department and other national security agencies had conducted "hundreds of experiments in which hundreds of thousands of people were used as test subjects," involving "radiation, blister and nerve agents, biological agents, and LSD," some "done in secret" and others "without their knowledge or consent or their full knowledge of the risks involved."[^15]
After the [[Vietnam War]] the Corps was partially demobilized and much of its function moved from [[Fort McClellan]], [[Alabama]], to Aberdeen. When Fort McClellan closed under base realignment, the Corps moved to [[Fort Leonard Wood]], [[Missouri]], where it forms part of the Maneuver Support Center with the Engineer and Military Police corps.[^1]
### Edgewood programs in the 1977 Defense Department search
The [[Department of Defense]] General Counsel's memorandum of September 20, 1977 on CIA-sponsored drug experiments lists three Army programs from 1969 to 1973, all through the Edgewood Arsenal Research Laboratories: a drug-identification project of 1967 to 1973 (CIA payments of 12,084 dollars in 1967 and 5,000 dollars in 1969, passed to a California contractor), computer data bases on pharmacological products (about 1968 to 1971) and, from 1971 to 1973, clinical tests of a glycolate-class compound, EA 3167, which Edgewood had already tested on animals and on human volunteers at Holmesburg State Prison in Philadelphia and among military personnel at Edgewood. The CIA transferred 37,000 dollars to Edgewood in 1971 for further work, and two military volunteers were "apparently tested" in June 1973. The search covered the files of Edgewood, [[Dugway Proving Ground]], the Defense Investigative Service as to the Special Operations Division at Fort Detrick, the Army Inspector General and the [[Army Intelligence Agency]]; the memorandum describes the Army and Navy programs under [[MKSEARCH]].[^15]
The [[Department of Defense]] General Counsel's memorandum of September 20, 1977 on CIA-sponsored drug experiments lists three Army programs from 1969 to 1973, all through the Edgewood Arsenal Research Laboratories: a drug-identification project of 1967 to 1973 (CIA payments of 12,084 dollars in 1967 and 5,000 dollars in 1969, passed to a California contractor), computer data bases on pharmacological products (about 1968 to 1971) and, from 1971 to 1973, clinical tests of a glycolate-class compound, EA 3167, which Edgewood had already tested on animals and on human volunteers at Holmesburg State Prison in Philadelphia and among military personnel at Edgewood. The CIA transferred 37,000 dollars to Edgewood in 1971 for further work, and two military volunteers were "apparently tested" in June 1973. The search covered the files of Edgewood, [[Dugway Proving Ground]], the Defense Investigative Service as to the Special Operations Division at Fort Detrick, the Army Inspector General and the [[Army Intelligence Agency]]; the memorandum describes the Army and Navy programs under [[MKSEARCH]].[^16]
### Footnotes
@ -93,8 +93,9 @@ The [[Department of Defense]] General Counsel's memorandum of September 20, 1977
[^8]: Martin A. Lee and Bruce Shlain, *Acid Dreams: The Complete Social History of LSD: The CIA, the Sixties, and Beyond*. Grove Press, 1985. Chapters 1 and 2.
[^9]: U.S. Army Aberdeen Proving Ground, "History," home.army.mil. https://home.army.mil/apg/about/history
[^10]: John D. Marks, *The Search for the Manchurian Candidate*. Times Books, 1979. Chapters 4 and 5.
[^11]: *Barrett v. United States*, 798 F.2d 565 (2d Cir. 1986); *Barrett v. United States*, 646 F. Supp. 1345 (S.D.N.Y. 1986); John D. Marks, *The Search for the Manchurian Candidate*. Times Books, 1979. Chapter 4.
[^12]: *Los Angeles Times*, May 5, 1987; UPI Archives, May 5, 1987.
[^13]: Horrock, Nicholas M. "Colby Describes C.I.A. Poison Work," *New York Times,* Sept. 17, 1975. https://merylnass.substack.com/p/colby-describes-cia-poison-work-by
[^14]: U.S. General Accounting Office, *Human Experimentation: An Overview on Cold War Era Programs,* testimony, GAO/T-NSIAD-94-266, September 28, 1994, abstract. https://www.govinfo.gov/content/pkg/GAOREPORTS-T-NSIAD-94-266/html/GAOREPORTS-T-NSIAD-94-266.htm
[^15]: General Counsel of the Department of Defense, memorandum for the Secretary of Defense, September 20, 1977, pp. 3 to 5 and Appendix A, release file 02-A-0846, as described on the MKSEARCH page.
[^11]: *Barrett v. United States,* 798 F.2d 565 (2d Cir. July 31, 1986). https://static.case.law/f2d/798/cases/0565-01.json
[^12]: *Barrett v. United States*, 798 F.2d 565 (2d Cir. 1986); *Barrett v. United States*, 646 F. Supp. 1345 (S.D.N.Y. 1986); John D. Marks, *The Search for the Manchurian Candidate*. Times Books, 1979. Chapter 4.
[^13]: *Los Angeles Times*, May 5, 1987; UPI Archives, May 5, 1987.
[^14]: Horrock, Nicholas M. "Colby Describes C.I.A. Poison Work," *New York Times,* Sept. 17, 1975. https://merylnass.substack.com/p/colby-describes-cia-poison-work-by
[^15]: U.S. General Accounting Office, *Human Experimentation: An Overview on Cold War Era Programs,* testimony, GAO/T-NSIAD-94-266, September 28, 1994, abstract. https://www.govinfo.gov/content/pkg/GAOREPORTS-T-NSIAD-94-266/html/GAOREPORTS-T-NSIAD-94-266.htm
[^16]: General Counsel of the Department of Defense, memorandum for the Secretary of Defense, September 20, 1977, pp. 3 to 5 and Appendix A, release file 02-A-0846, as described on the MKSEARCH page.

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@ -1,6 +1,6 @@
---
created: 2025-03-05
updated: 2026-10-09
updated: 2026-10-15
title: Atomic Energy Commission
aliases:
- Atomic Energy Commission
@ -78,7 +78,7 @@ The same file of CIA press clippings contains the Washington Star and Washington
### Groom Lake
In April 1955 [[Richard Bissell]] and Colonel [[Osmund Ritland]] of the [[Air Force]], with [[Lockheed]]'s [[Kelly Johnson]] and test pilot [[Tony LeVier]], spotted an airstrip at Groom Lake "near the northeast corner of the Atomic Energy Commission's Nevada Proving Ground." The CIA's official history of the U-2 program records that Bissell discovered the strip lay outside the proving ground and that the Agency asked the commission to add the Groom Lake area to its holdings; the partly legible passage refers to "AEC Chairman Adm.," and Lewis Strauss was McCone's predecessor as chairman.[^12] The strip became the site later known as [[Area 51]].
In April 1955 [[Richard Bissell]] and Colonel [[Osmund Ritland]] of the [[Air Force]], with [[Lockheed Aircraft Company|Lockheed]]'s [[Kelly Johnson]] and test pilot [[Tony LeVier]], spotted an airstrip at Groom Lake "near the northeast corner of the Atomic Energy Commission's Nevada Proving Ground." The CIA's official history of the U-2 program records that Bissell discovered the strip lay outside the proving ground and that the Agency asked the commission to add the Groom Lake area to its holdings; the partly legible passage refers to "AEC Chairman Adm.," and Lewis Strauss was McCone's predecessor as chairman.[^12] The strip became the site later known as [[Area 51]].
### The Los Alamos conference on green fireballs

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@ -0,0 +1,253 @@
---
aliases:
- DNC
- DNC Services Corp.
- DNC Services Corporation
- Democratic National Committee
category: "U.S. Government"
tags:
- Organization
- PoliticalParty
- Watergate
- CampaignFinance
- LippoGroup
- EmailHack2016
- SethRich
summary: "The Democratic National Committee is the governing body of the Democratic Party, whose Watergate headquarters was burgled in 1972 and whose finances and email systems later drew federal investigations."
location: "Washington, D.C."
created: 2026-10-15
updated: 2026-10-15
relations:
- type: investigated
with: "[[Senate Committee on Governmental Affairs]]"
start: 1998
role: "final report on illegal or improper activities in connection with 1996 federal election campaigns, S. Rept. 105-167"
fn: 43
reverse: true
- type: funded
with: "[[Lippo Group]]"
start: 1992
end: 1993
role: "contributions through Hip Hing Holdings, San Jose Holdings and Toy Center Holdings"
fn: 45
reverse: true
- type: funded
with: "[[Bernard L. Schwartz]]"
start: 1995
end: 1998
role: "itemized contributions to non-federal accounts, several with Loral Corporation as employer"
fn: 59
reverse: true
- type: funded
with: "[[Shayne Coplan]]"
start: 2024
end: 2024
role: "allocation of a Harris Victory Fund receipt, 41,300 dollars"
fn: 74
reverse: true
- type: funded
with: "[[Christopher Mellon]]"
start: 2020
end: 2020
role: "Biden Victory Fund memo entries, 32,200 dollars, employer A&E Networks"
fn: 61
reverse: true
- type: subject_of
with: "[[Watergate]]"
start: 1972
end: 1974
role: "entries into the headquarters on May 27 and June 17, 1972, and the Senate Select Committee report S. Rept. 93-981"
fn: 3
- type: represented
with: "[[Perkins Coie]]"
start: 2016
end: 2016
role: "counsel to the DNC and Hillary for America; DNC payments of 849,407.97 dollars, July 15 to August 26, 2016"
fn: 69
reverse: true
- type: investigated
with: "[[Federal Election Commission]]"
start: 2019
end: 2022
role: "MURs 7291 and 7449, reason to believe vote of July 23, 2019, and conciliation agreement"
fn: 70
reverse: true
---
The Democratic National Committee is the national committee of the [[Democratic Party]]. Its Federal Election Commission record is filed under the name "DNC Services Corp / Democratic National Committee," committee number C00010603, with a first filing date of March 10, 1975.[^1] The committee's origin is set out in the call for the party's 1852 national convention, issued over the signature of its chairman, B. F. Hallett, which describes the body as "consisting of one from each State, appointed by the Democratic National Convention of 1848."[^2] Its headquarters in the [[Watergate]] office complex in [[Washington, D.C.]] was entered on June 17, 1972, by five men.
### The headquarters and the 1972 break-in
The committee's headquarters occupied the sixth floor of the Watergate Office Building. In the early morning hours of June 17, 1972, [[James McCord]], [[Bernard L. Barker]], [[Frank Sturgis]], [[Eugenio Martinez]] and [[Virgilio Gonzalez]] illegally entered the headquarters, according to the final report of the [[Select Committee on Presidential Campaign Activities]]. [[Howard Hunt]] and [[G. Gordon Liddy]] supervised the operation from a room in the [[Watergate Hotel]], and [[Alfred Baldwin]] served as lookout from the [[Howard Johnson Motor Lodge]] across the street.[^3]
The headquarters was entered twice. The Senate report states that the team's first entry was made late on May 27, 1972, when Gonzalez picked the lock of a ground floor door of the Watergate Office Building. The team went to the sixth floor, where McCord placed electronic bugging devices in the telephones of DNC chairman O'Brien and of another official, [[Spencer Oliver]], and where Barker and his team photographed papers from DNC files.[^4] After the telephones were tapped, Alfred Baldwin, a former FBI agent recruited by McCord, monitored the intercepted conversations from a room in the Howard Johnson Motor Lodge, typed them almost verbatim and gave the logs to McCord, who gave them to Liddy. Liddy had several retyped on stationery with the word "Gemstone" printed at the top by his secretary, [[Sally Harmony]], who testified that she also saw a stack of 8 by 10 photographs of documents from the DNC headquarters held by fingers in rubber gloves.[^5] On the night of June 17 the Watergate guard [[Frank Wills]], who had earlier removed a piece of tape from a door, found it retaped and telephoned the police. Sergeant Beeper's plainclothes squad entered the sixth floor and apprehended the team while it was setting up photographic equipment. Police found 4,200 dollars in $100 bills, all in sequence, in the rooms the burglars had occupied.[^6]
The break-in was the last stage of a plan that had been reduced in cost. The Senate committee recorded that the budget for the plan had been "stripped down" to 500,000 dollars, and that [[Jeb Stuart Magruder]] testified that [[John N. Mitchell]] discussed targets beyond the headquarters, including the headquarters at the convention and the headquarters of the Democratic nominee. Magruder testified that Mitchell also suggested as additional targets the committee's chairman, [[Larry O'Brien]], and the Las Vegas publisher [[Hank Greenspun]], who allegedly held explosive material damaging to [[Edmund Muskie]] in his office safe.[^7] The committee's treasurer, [[Hugh Sloan]], testified to the payments that reached Liddy, who had received 199,000 dollars, and the Senate report calls the plan Gemstone.[^8]
Magruder testified that before his meeting with Mitchell at [[Key Biscayne, Florida]] on March 30, 1972, he received a call from [[Charles Colson]], then special counsel to the President, who told him to "get on the stick and get the Liddy project approved so we can get the information from O'Brien."[^9] The committee wrote that Magruder's account "provides some evidence that Colson was doing more than simply being helpful to Liddy and Hunt."[^10]
The Senate committee stated that it had received no evidence suggesting complicity in wrongdoing on the part of the Republican National Committee or the Democratic National Committee, or their principal officers, during the 1972 campaign. The report identifies O'Brien as the Democratic chairman at the time.[^11]
After the arrests, Hunt's wife, [[Dorothy Hunt]], died in an airplane crash in Chicago on December 8, 1972. On December 31 Hunt wrote to Colson that "There is a limit to the endurance of any man trapped in a hostile situation and mine was reached on December 8," and Colson sent a copy to Dean with a note asking, "Now what the hell do I do?"[^12]
The report's conclusion on the intelligence material before it is that the material did not answer "what the President or other individuals knew or when they knew it," and did not explain "why the Democratic National Committee headquarters twice was the target of an illegal entry."[^13] Senator [[Lowell Weicker]], in his individual views printed with the report, wrote that the break-in itself, according to Magruder, was an attempt to find embarrassing information about O'Brien, because "Mr. O'Brien had been a very effective spokesman against our position on the ITT case," and that "we had hope that information (from the illegal break-in and wiretap) might discredit him."[^14]
### The DNC's civil suits and the counteroffensive
The DNC also litigated. The Senate report cites the civil case *Democratic National Committee, et al. v. James McCord, et al.* (D.D.C. Civ. No. 1233-72), in which McCord's deposition was taken on April 30, 1973.[^15] The report describes the civil suits brought by the DNC against the Committee for the Re-election of the President. It records that around September 9 or 10, 1972, Haldeman and Colson relayed to Dean a request from the President that a counteraction be filed against the Democrats "as quickly as humanly possible." On September 13 the committee filed a 2,500,000 dollar countersuit against the DNC for abuse of process, and on September 14 a 5 million dollar libel suit was brought against O'Brien. Dean testified that the various civil cases were discussed with the President on September 15, and that the committee's lawyers were handling both the DNC suit and another. Dean told the President that Judge Ritchie, to whom the Stans libel action was assigned, had been helpful in slowing down the civil cases.[^16] A memorandum entitled "Counter Actions," dated September 11, 1972, noted that depositions could be taken in a civil suit against O'Brien, covering "everything from Larry O'Brien's sources of income while Chairman of the DNC to certain sexual activities of employees of the DNC."[^17]
The Senate report prints excerpts of a purported transcript of the President's September 15, 1972, meeting with Haldeman and Dean, prepared by the House Judiciary Committee and published in the Washington Post on May 17, 1974. In the excerpts Haldeman says that Dean is working the matter through the IRS, and the President says he would not want to be in the position of the DNC's counsel, [[Edward Bennett Williams]], after the election. Haldeman is recorded as saying, "That is a guy we've got to ruin."[^18] According to information provided to the Senate minority counsel by Special Counsel Fred Buzhardt, Dean reported at that meeting on the IRS investigation of O'Brien.[^18]
### The CIA's links to the burglars
The Senate report describes Hunt as "a former CIA agent" when it explains how he came to the White House staff.[^19] It records that [[Robert R. Mullen Company|Mullen and Company]] had maintained a relationship with the agency since its incorporation in 1959 and provided cover for an agent in Europe and an agent in the Far East at the time of the break-in. Hunt left the agency in 1970 and joined the firm with what its founder, [[Robert Mullen]], understood to be the blessing of Director [[Richard Helms]]; Hunt's covert security clearance was extended by the agency, and he remained witting of the Mullen cover and negotiated with the agency about it even after he joined the White House, according to agency records.[^20]
[[Robert F. Bennett]], the son of Senator [[Wallace F. Bennett]], became president of the firm in 1971 and was introduced to the Mullen case officer in April of that year. He brought the [[Howard Hughes|Hughes]] Tool Company account with him. The committee wrote that agency records indicated consideration was given to using Mullen's Hughes relationship for a cover arrangement in South America and to garner information on [[Robert Maheu]].[^21] Its staff listed Bennett's activities in relation to Hunt and Liddy: he suggested and coordinated the DeMott interview regarding Chappaquiddick, coordinated the release of [[Dita Beard]]'s statement from Denver, suggested that Greenspun's safe contained information of interest to both Hughes and the Committee for the Re-election of the President, asked for and received from Hunt a price estimate for bugging [[Clifford Irving]] for Hughes, coordinated Hunt's employment of the political spy [[Thomas Gregory]], received a scrambler from Hughes personnel for use on Mullen telephones, set up dummy committees with Liddy as a conduit for Hughes campaign contributions, and served as the point of contact between Hunt and Liddy in the two weeks after the break-in.[^22] The same passage states that Robert Oliver, Mullen's Washington lobbyist for Hughes Tool, is the father of R. Spencer Oliver Jr., "whose telephone was tapped at the Democratic National Committee," and that Bennett met with the Olivers after the break-in to discuss the bugging.[^22]
According to a CIA case officer's memorandum of July 10, 1972, forwarded to Helms on or before July 14, Bennett had established a "back door entry" to E. B. Williams, the DNC's attorney, in order to "kill off" revelations of the agency's relationship with Mullen and Company in the course of the DNC lawsuit, and agreed to check with the CIA before contacting Williams. The committee staff confirmed that Bennett funneled information to Williams through the attorney [[Hobart Taylor]], and that it was more extensive than what Bennett had given the grand jury. The CIA acknowledged paying one-half of Bennett's attorney fee for his grand jury appearance.[^23] The same memorandum contains a reference to a "WH flap" which the committee called mysterious, and a July 24, 1972, contact report shows that the agency persuaded Mullen to withdraw its Far East cover through an "agreed upon scenario" that included a falsified Watergate publicity crisis. The agency told the committee that the "WH flap" referred to a matter, deleted at its request, that threatened Western Hemisphere operations; the committee wrote that the agency had not explained why the information was withheld from Mullen nor its significance to Watergate.[^24] A CIA memorandum of March 1, 1973, notes that Bennett felt he could handle the Ervin Committee if the agency could handle Hunt, and that he was feeding stories to [[Bob Woodward]], who was "suitably grateful," without attribution to Bennett.[^25]
The report also describes the case of [[Lee Pennington]], a paid CIA operative retained at 250 dollars a month until December 1973. The committee wrote that the agency had information as early as June 1972 that Pennington entered the McCord residence shortly after the break-in and destroyed documents which might show a link between McCord and the agency, that the agency answered an FBI inquiry about a "Pennington" in August 1972 with information about a former employee with a similar name, and that in January 1974 the Pennington materials were ordered removed from the agency's Watergate files before review by its Inspector General. The report adds that the CIA's Director of Security retired early in 1974.[^26]
On Martinez, the report states that Helms had testified to little more than the fact that Martinez was on a 100 dollar monthly retainer with the agency as an informant on Cubans of interest to it. The committee wrote that its own investigation had revealed information about the Martinez relationship "not previously brought forward in testimony by CIA officials," and it asked whether the agency was aware of Hunt's activities in early 1972, when Hunt was recruiting Cubans for the break-in.[^27] The report also notes that newspaper articles since June 1972 had pointed out that many of those involved were former CIA employees, that CIA equipment was used by Hunt, and that other possible CIA links to Watergate had been reported.[^28]
The House Armed Services Committee's Special Subcommittee on Intelligence, whose report is known as the [[Lucien Nedzi|Nedzi]] report, issued its findings on October 23, 1973.[^29] It found that alias identification gear, disguises and other technical materials had been provided improperly by the CIA to Hunt, then on the White House staff, for use by non-CIA personnel. The material included wigs, speech-altering devices, alias materials, a tape recorder, a clandestine camera, one-way tinted spectacles and film developing facilities. The subcommittee listed the abortive break-in at the Democratic National Committee headquarters in the Watergate complex among the improper purposes for which the material was used. It also found continued CIA dealings with Hunt after General Cushman first questioned Hunt's judgment in requesting additional agency assistance. The subcommittee further found that Haldeman, Ehrlichman and Dean made efforts to deflect the FBI investigation of the break-in by invoking nonexistent conflicts with CIA operations, and that Dean made substantial efforts to involve the agency in the break-in without foundation in fact.[^30]
The Senate report names R. Spencer Oliver Jr. as one of the DNC officials whose telephone McCord bugged. A 1976 memorandum by [[Bruce Solie]], chief of the agency's Security Analysis Group, identified for the agency's privacy staff the "Spencer Oliver" named in a Freedom of Information request from McCord, "who according to a newspaper article in 1972 was the Executive Director of the State Chairmens Association of the Democratic National Committee," and in whose office telephone "an alleged listening device was found."[^31] The DNC official is the Spencer Oliver who afterward served as Chief of Staff of the Helsinki Commission (1976 to 1985), as chief counsel of the House Foreign Affairs Committee until 1993 and as Secretary General of the OSCE Parliamentary Assembly (1992 to 2015); the Wilson Center's biography of him lists senior positions at the Democratic National Committee from 1966 to 1976.[^32]
### Larry O'Brien and the Hughes retainer
O'Brien was the committee's chairman during the 1972 campaign, and the record ties him to Howard Hughes through a contract with the Hughes organization. The Senate report states that a sensitive case report of the IRS, brought to the attention of the Treasury Secretary, stated that the Hughes Tool Company had made substantial payments to Lawrence F. O'Brien and Associates during 1970. [[Roger Barth]], an assistant to the IRS commissioner, testified that he received that report in May 1972. The report also says that IRS policy did not prohibit continued investigation of O'Brien after communications from [[John Ehrlichman]] were received.[^33] The sensitive case reports reflected on a continuing basis the amounts paid to O'Brien by the Hughes Tool Company "pursuant to a contract."[^34] Barth testified that Ehrlichman asked how the payments would be treated for tax purposes, and that he obtained O'Brien's returns, which showed enough gross income to cover the amounts Hughes reported having paid. Ehrlichman testified that there were good political reasons to go after O'Brien, that Nixon was especially interested in the fact that O'Brien was on retainer to the Hughes organization, and that Haldeman told him the retainer was quite significant. The IRS interviewed O'Brien on August 17, 1972. Ehrlichman testified: "I wanted them to turn up something and send [O'Brien] to jail before the election and unfortunately it didn't materialize."[^35] The Senate report states that Dean and Haldeman discussed the IRS investigation of O'Brien with Nixon on September 15, 1972, and that this conversation was deleted from the tapes provided to the Special Prosecutor and the House Judiciary Committee.[^36]
The Senate report further states that an audit of O'Brien was encouraged by White House officials in the summer of 1972, and that O'Brien's tax returns were specially inspected by IRS personnel at Ehrlichman's direction.[^37] The White House record of the Hughes matter includes a January 15, 1971, memorandum by Colson which states that Robert Bennett had taken over the Robert R. Mullen Company and that one of its new clients was Hughes, and which describes O'Brien as "the principal Hughes man in Washington."[^38] In a series of memoranda to [[John Dean]] beginning January 22, 1971, [[Jack Caulfield]] wrote that negotiations had taken place in 1969 for O'Brien's firm to represent Hughes's interests in Washington, with "knowledgeable sources" putting the fee at 100,000 dollars. Caulfield wrote that the retainer could be documented only indirectly, and Dean reported that Bennett told him there was "no doubt" that O'Brien had been retained by Hughes and that the contract was still in existence.[^39] Caulfield also wrote that Maheu's "tentacles touch many extremely sensitive areas of government."[^39]
[[Richard Danner]], who joined the Hughes organization in February 1969, testified that in the spring of 1969 [[Bebe Rebozo]] was "needling" him about Hughes's favoritism toward the Democrats, citing a large contribution made available to then Vice President [[Hubert Humphrey]] in 1968, "Larry O'Brien on retainer," and the employment of Humphrey's son.[^40] The report also records Robert Bennett's suggestion that Greenspun's safe contained information of interest to both Hughes and the Committee for the Re-election of the President.[^41] An FCC application for approval of the sale of [[KLAS-TV]] by Greenspun to Hughes, reported by [[Broadcasting]] on October 23, 1967, gave the price as about 4.5 million dollars.[^42]
### The 1992 to 1996 fundraising inquiries
The Senate Committee on Governmental Affairs, in its final report on illegal or improper activities in connection with the 1996 federal election campaigns, stated that "the Committee has established that Huang funneled foreign-source monies through three different Riady-controlled entities to the DNC during 1992 and 1993."[^43] The report describes [[John Huang]] as a former [[Lippo Group]] executive who later worked at the [[United States Department of Commerce|Commerce Department]]. [[Juliana Utomo]], who worked for the companies from 1988 through late 1996, testified that the holding companies [[Hip Hing Holdings]] and [[San Jose Holdings]] were owned or controlled by [[James Riady]] and managed by Huang, and that Huang made all decisions about political contributions and approved requests to the Lippo Group in Jakarta for operating funds.[^44]
The first contribution was a 50,000 dollar check from Hip Hing dated August 12, 1992, payable to the "DNC Victory Fund." Huang requested reimbursement from Jakarta in an August 17, 1992, memorandum, and a wire from LippoBank Jakarta arrived several weeks later. In 1992 Hip Hing lost 482,395.33 dollars, and Utomo testified that the shortfall was made up with funds transferred from Jakarta. In September 1993 Huang wrote three checks of 15,000 dollars each to the DNC, drawn on Hip Hing, San Jose Holdings and [[Toy Center Holdings]], and the report describes the checks as paid with foreign money.[^45]
The report states that in 1996 Huang solicited some 3.4 million dollars in contributions to the DNC, and that nearly half of that amount was returned after the DNC determined that the contributions had been made with actual or suspected foreign funds.[^46] The minority views of Senators [[John Glenn]], [[Carl Levin]], [[Joseph Lieberman]] and others state that the DNC returned over 1.6 million dollars in contributions attributable to Huang, that there was no evidence that DNC officials knowingly took part in his misdeeds, that the DNC "did not adequately supervise Huang's fundraising," and that the evidence did not establish that Huang served as a spy or a conduit for any foreign government.[^47]
The minority views record how Huang came to the DNC. In the summer of 1995 the Arkansas lawyer [[C. Joseph Giroir]] arranged a meeting with DNC chairman [[Donald Fowler]] to suggest that Fowler hire Huang, with finance director [[Richard Sullivan]] attending. On September 13, 1995, Huang, James Riady and Giroir met Sullivan and Fowler at the Four Seasons Hotel in Washington, and the same day went to the White House. Huang was interviewed at DNC headquarters in November 1995 and hired under the title Vice Chair of Finance, a title normally reserved for volunteer fundraisers.[^48] The same chapter records a DNC coffee at the White House on June 18, 1996, attended by the Thai businesswoman [[Pauline Kanchanalak]], whose account Huang handled and who had been giving to the DNC since at least 1991, together with several business associates who were foreign nationals.[^49] A Senate chapter on the PRC's efforts to influence elections records that Huang escorted [[Shen Jueren]], chairman of [[China Resources]], to the White House in 1993, where Shen met [[Jack Quinn]] and may have met [[Al Gore]]. The same chapter places a September 27, 1993, check from Huang to the DNC alongside a Santa Monica event at which Shen may have met Gore again.[^50] The report's Lippo chapter quotes a White House audio tape of a DNC function in Los Angeles and finds that Gore "may have met with Shen Jueren in the White House and also exchanged words with him at a subsequent DNC event."[^50] The same chapter states that Huang's 45,000 dollars in DNC contributions were made in close proximity to occasions when he may have arranged for Gore to meet Shen, who was the head of a commercial enterprise wholly owned and operated by the People's Republic of China's Ministry of Foreign Trade and Economic Cooperation.[^50]
The same chapter describes [[Charlie Trie]] as a business partner of [[Ng Lap Seng]], a Macao businessman with alleged ties to the People's Republic of China. Trie had brought nearly half a million dollars in small-denomination checks and money orders to the Presidential Legal Expense Trust in March 1994. The checks were written by followers of the [[Suma Ching Hai]] Buddhist sect, and the reimbursement money came from accounts in Taiwan and Cambodia.[^51] Trie was indicted on January 28, 1998, on fifteen counts, including conspiracy to defraud the DNC and the United States. The indictment charged that he purchased access to high-level government officials through contributions made to the committee.[^51] The report states that Trie initially left the country, then returned and was arrested.[^51]
On August 12, 1999, Huang pleaded guilty in federal court in Los Angeles to charges that he conspired to defraud the Federal Election Commission by causing fellow employees to make campaign contributions and reimbursing them with corporate funds or with funds from Jakarta. The Justice Department stated that the conspiracy lasted from approximately 1992 through June 1994, that Huang was responsible for arranging approximately 156,000 dollars in illegal contributions from the Lippo Group overseas to Democratic and Republican committees, and that he was sentenced to one year of probation, 500 hours of community service and a 10,000 dollar fine. The same release lists Huang as one of 19 persons prosecuted by the Campaign Financing Task Force, including [[Robert Lee]], who pleaded guilty on April 26, 1999, to making an illegal foreign contribution to the DNC, and Kanchanalak and her associate [[Georgie Kronenberg]], charged on July 13, 1998.[^52] A Justice Department press release dated January 11, 2001, carries the headline "James Riady Pleads Guilty, Will Pay Largest Fine in Campaign Finance History for Violating Federal Election Law."[^53] The Senate report identifies 465,000 dollars in contributions from James and Aileen Riady to the DNC and to Democratic state party organizations in the 1992 cycle.[^54]
C. Joseph Giroir, a lawyer and Lippo joint venturer, testified that in 1996 he contributed close to 200,000 dollars to the DNC in connection with fundraisers that Huang organized.[^55] [[Mochtar Riady]] wrote to [[Bill Clinton]] shortly after Clinton took office, advocating most-favored-nation trade status for China, and thanked him for the personal time he spent with the Riady family on Inauguration Day 1993. The Riadys gave more than 450,000 dollars to the DNC and state Democratic parties in the 1992 cycle.[^56] James Riady hired the former associate attorney general [[Webster Hubbell]] in June 1994, after Hubbell's resignation from the Justice Department; the House report states that Hubbell was paid a lump sum of 100,000 dollars for unknown services between June 27 and December 6, 1994, that the Lippo Group also paid for a trip to Jakarta and Bali for Hubbell and his wife, and that both Riady and Hubbell refused to describe what services Hubbell performed.[^57] In the Independent Counsel's account, [[Hong Kong China Limited]], a Lippo company, engaged Hubbell as a consultant, and in September 1994 he traveled to Jakarta, where he met Mochtar Riady.[^58]
### Donors in the 1990s and after
Itemized FEC receipts under the name [[Bernard L. Schwartz]] list contributions to the DNC's non-federal accounts from 1995 through 1998. They include 25,000 dollars on April 24, 1995, 250,000 dollars on August 11, 1998, and 50,000 dollars on October 26, 1998, with Loral Corporation given as employer on several entries.[^59] The House Select Committee on U.S. National Security and Military/Commercial Concerns with the People's Republic of China, the [[Cox Report]], attributes to the New York Times the description of Schwartz as "the largest individual donor to the Democratic Party in 1997."[^60] Later FEC records under the name Bernard Schwartz, employer BLS Investments, list the DNC committee as recipient of entries including 41,300 dollars on June 22, 2023, and 25,000 dollars on February 6, 2024, each marked with the Biden Victory Fund memo.[^59]
FEC entries under the name [[Christopher Mellon]], with A&E Networks as employer, list 25,000 dollars on August 27, 2020, and 7,200 dollars on August 25, 2020, each with the memo "Biden Victory Fund," for the DNC committee's record.[^61] The FEC entries do not state whether this contributor is the former Pentagon official of that name.
Individual contribution records under the name [[Philip Scaturro]] total 41 entries from June 1983 to December 2012, and include a 1992 contribution to the DNC among contributions to presidential and Senate committees.[^62] The FBI applicant file of Robert Maheu for 1940 records endorsements from [[Richard C. Durham]], identified there as assistant secretary of the Democratic National Committee.[^63]
### The 2016 email compromise
The indictment of [[GRU]] officers, filed July 13, 2018, charges officers of the Russian military intelligence directorate with intrusions into the computer networks of the DNC and the [[Democratic Congressional Campaign Committee]]. It states that officers of GRU Unit 26165 spearphished volunteers and employees of the presidential campaign of [[Hillary Clinton]], and that through stolen credentials they entered the DCCC and DNC networks.[^64]
The indictment states that the conspirators covertly monitored the computers of dozens of DCCC and DNC employees, implanted hundreds of files containing malicious computer code, and stole emails and other documents from both committees.[^65]
The indictment states that on or about April 18, 2016, the conspirators hacked into the DNC's computers through their access to the DCCC network, and that by June 2016 they had gained access to approximately thirty-three DNC computers. Between May 25 and June 1, 2016, the conspirators hacked the DNC Microsoft Exchange Server and stole thousands of emails from the work accounts of DNC employees. The indictment says the conspirators cleared event logs from a DNC computer on May 13, 2016, and deleted logs and files to cover their tracks.[^64]
The indictment also describes the release of stolen material. It states that Unit 74455 assisted in releasing the stolen documents through the [[DCLeaks]] and [[Guccifer 2.0]] personas and in promoting those releases.[^66] It states that on June 14, 2016, the DNC, through a cybersecurity company it designates Company 1, publicly announced that it had been hacked by Russian government actors; that in response the conspirators created the Guccifer 2.0 persona and falsely claimed to be a lone Romanian hacker; and that the conspirators transferred stolen documents to an entity it designates Organization 1, discussing the timing of the releases with it. According to the indictment, Organization 1 wrote to Guccifer 2.0 on July 6, 2016, that "if you have anything hillary related we want it in the next tweo [sic] days prefable [sic] because the DNC [Democratic National Convention] is approaching," and on July 22, 2016, about three days before the start of the Democratic National Convention, released over 20,000 emails and other documents stolen from the DNC network.[^67] The indictment further states that in September 2016 the conspirators gained access to DNC computers hosted on a third-party cloud service and copied snapshots of the DNC's analytics test applications.[^68]
### Counsel, Fusion GPS and the FEC
The Durham report states that in the spring of 2016 the law firm [[Perkins Coie]], counsel to [[Hillary for America]] and the Democratic National Committee, retained [[Fusion GPS]], whose co-founder [[Glenn Simpson]] in mid-May 2016 retained the former British intelligence officer [[Christopher Steele]] and his firm [[Orbis Business Intelligence]]. The same report states that Steele was then also a confidential human source for the FBI.[^69]
The DNC paid Perkins Coie 849,407.97 dollars between July 15 and August 26, 2016, of which it reported 782,907.97 dollars as "legal and compliance consulting." On a complaint by the [[Coolidge Reagan Foundation]], the [[Federal Election Commission]] voted 4 to 0 on July 23, 2019, to find reason to believe that both committees had misreported the purpose of the payments. The Commission later reached conciliation agreements with DNC Services Corporation/Democratic National Committee and with Hillary for America, following votes in December 2021 and in February and March 2022.[^70]
### The Seth Rich claims
In May 2017 [[Fox News]] published a story by the reporter [[Malia Zimmerman]] claiming that [[Seth Rich]], a DNC staffer who had been slain, was killed for leaking emails to [[WikiLeaks]]. Fox News later retracted the article.[^71]
In March 2018 Rich's parents, [[Joel Rich]] and [[Mary Rich]], sued Fox News, Zimmerman and [[Ed Butowsky]], a Texas businessman, alleging that the reporter worked with the businessman to develop a "sham" story about their son's death.[^72] On August 2, 2018, Judge [[George B. Daniels]] of the U.S. District Court for the Southern District of New York dismissed the suit. He found that the parents had failed to prove intentional infliction of emotional distress, and wrote that defamatory statements to news outlets "fall well short of meeting the high standards for extreme and outrageous conduct."[^71] On September 13, 2019, the Second U.S. Circuit Court of Appeals vacated the dismissal and remanded the case, holding that the allegations, taken together, plausibly rose to the level of extreme and outrageous conduct.[^73]
Both sides confirmed a settlement on Tuesday, November 24, 2020. The Riches said they were "pleased with the settlement of this matter and sincerely hope that the media will take genuine caution in the future." Fox said it was pleased with the resolution of the claims and hoped it would enable the Riches "to find a small degree of peace and solace moving forward." Neither side disclosed the financial terms. The Associated Press added that theories that Rich had been assassinated for leaking emails were contradicted by U.S. intelligence reports.[^72]
### Donors in 2020 and 2024
FEC Schedule A records for [[Shayne Coplan]] list a 50,000 dollar contribution to the [[Harris Victory Fund]] on October 21, 2024. The joint fundraising committee's allocations of that money include 41,300 dollars to the Democratic National Committee under the entry name DNC Services Corp.[^74] [[Matthew Modabber]], the chief marketing officer of [[Polymarket]], gave 50,000 dollars to the Harris Victory Fund on September 19, 2024, with the same allocations.[^75] [[Garry Tan]], with [[Y Combinator]] as employer, gave 25,000 dollars on September 25, 2024, and 100,000 dollars on October 3, 2024, to the Harris Victory Fund, with attributed amounts of 21,700 and 19,600 dollars to the DNC.[^76]
### Footnotes
[^1]: Federal Election Commission, committee record for C00010603, "DNC Services Corp / Democratic National Committee," first file date March 10, 1975, OpenFEC API. https://api.open.fec.gov/v1/committee/C00010603/
[^2]: Democratic National Committee, call for the Democratic National Convention to be held at Baltimore on June 1, 1852, signed by B. F. Hallett, Chairman, with W. F. Ritchie and R. H. Stanton, Secretaries, printed in *Proceedings of the Democratic National Convention, held at Baltimore, June 1-5, 1852* (1852). https://archive.org/details/proceedingsofde00demo
[^3]: U.S. Senate, Select Committee on Presidential Campaign Activities, *Final Report*, S. Rept. 93-981 (June 1974), Part I, "The Watergate Break-In and Its Prelude." https://archive.org/details/FinalReportOfTheSenateSelectCommitteeOnPresidentialCampaignActivities
[^4]: U.S. Senate, Select Committee on Presidential Campaign Activities, *Final Report*, S. Rept. 93-981 (June 1974), Part I, section on the first entry of May 27, 1972, and the placement of the telephone devices. https://archive.org/details/FinalReportOfTheSenateSelectCommitteeOnPresidentialCampaignActivities
[^5]: U.S. Senate, Select Committee on Presidential Campaign Activities, *Final Report*, S. Rept. 93-981 (June 1974), Part I, "The Watergate Break-In and Its Prelude," pp. 29-30, citing 1 Hearings and the testimony of Sally Harmony. https://archive.org/details/FinalReportOfTheSenateSelectCommitteeOnPresidentialCampaignActivities
[^6]: U.S. Senate, Select Committee on Presidential Campaign Activities, *Final Report*, S. Rept. 93-981 (June 1974), Part I, section on the June 17, 1972 arrests and the search of the rooms occupied by the burglars. https://archive.org/details/FinalReportOfTheSenateSelectCommitteeOnPresidentialCampaignActivities
[^7]: U.S. Senate, Select Committee on Presidential Campaign Activities, *Final Report*, S. Rept. 93-981 (June 1974), testimony of Jeb Stuart Magruder on the Liddy intelligence plan, text at notes 61 to 63. https://archive.org/details/FinalReportOfTheSenateSelectCommitteeOnPresidentialCampaignActivities
[^8]: U.S. Senate, Select Committee on Presidential Campaign Activities, *Final Report*, S. Rept. 93-981 (June 1974), Part I, discussion of the funding of the Liddy plan and of the Sloan testimony, and the report's use of the codename Gemstone. https://archive.org/details/FinalReportOfTheSenateSelectCommitteeOnPresidentialCampaignActivities
[^9]: U.S. Senate, Select Committee on Presidential Campaign Activities, *Final Report*, S. Rept. 93-981 (June 1974), section on the approval of the Liddy plan, text at notes 80 and 90, testimony of Jeb Stuart Magruder. https://archive.org/details/FinalReportOfTheSenateSelectCommitteeOnPresidentialCampaignActivities
[^10]: U.S. Senate, Select Committee on Presidential Campaign Activities, *Final Report*, S. Rept. 93-981 (June 1974), section on the approval of the Liddy plan, text at note 90. https://archive.org/details/FinalReportOfTheSenateSelectCommitteeOnPresidentialCampaignActivities
[^11]: U.S. Senate, Select Committee on Presidential Campaign Activities, *Final Report*, S. Rept. 93-981 (June 1974), preliminary statement of findings and footnote 10, identifying Lawrence F. O'Brien as chairman of the Democratic National Committee. https://archive.org/details/FinalReportOfTheSenateSelectCommitteeOnPresidentialCampaignActivities
[^12]: U.S. Senate, Select Committee on Presidential Campaign Activities, *Final Report*, S. Rept. 93-981 (June 1974), Part I, section "Representations to Howard Hunt," p. 66, quoting Hunt's letter to Charles Colson of December 31, 1972, and Colson's note to John Dean. https://archive.org/details/FinalReportOfTheSenateSelectCommitteeOnPresidentialCampaignActivities
[^13]: U.S. Senate, Select Committee on Presidential Campaign Activities, *Final Report*, S. Rept. 93-981 (June 1974), section on the intelligence-related material and the committee's conclusions. https://archive.org/details/FinalReportOfTheSenateSelectCommitteeOnPresidentialCampaignActivities
[^14]: U.S. Senate, Select Committee on Presidential Campaign Activities, *Final Report*, S. Rept. 93-981 (June 1974), Individual Views of Senator Lowell P. Weicker Jr., "Constitutional Democracy in the Era of Watergate," p. 1190, quoting the testimony of Jeb Stuart Magruder, 2 Hearings 790. https://archive.org/details/FinalReportOfTheSenateSelectCommitteeOnPresidentialCampaignActivities
[^15]: U.S. Senate, Select Committee on Presidential Campaign Activities, *Final Report*, S. Rept. 93-981 (June 1974), section "The civil suits," note 68, citing *Democratic National Committee, et al. v. James McCord, et al.* (D.D.C. Civ. No. 1233-72), deposition of James McCord, pp. 70-71, April 30, 1973. https://archive.org/details/FinalReportOfTheSenateSelectCommitteeOnPresidentialCampaignActivities
[^16]: U.S. Senate, Select Committee on Presidential Campaign Activities, *Final Report*, S. Rept. 93-981 (June 1974), section "The civil suits," text at notes 94 and following, testimony of John Dean. https://archive.org/details/FinalReportOfTheSenateSelectCommitteeOnPresidentialCampaignActivities
[^17]: U.S. Senate, Select Committee on Presidential Campaign Activities, *Final Report*, S. Rept. 93-981 (June 1974), Individual Views of Senator Lowell P. Weicker Jr., section III, "The Political System," p. 1219, memorandum "Counter Actions" of September 11, 1972. https://archive.org/details/FinalReportOfTheSenateSelectCommitteeOnPresidentialCampaignActivities
[^18]: U.S. Senate, Select Committee on Presidential Campaign Activities, *Final Report*, S. Rept. 93-981 (June 1974), Part I, pp. 9-11, excerpts of the purported transcript of the September 15, 1972, meeting prepared by the House Judiciary Committee and published in the *Washington Post*, May 17, 1974, pp. A26-28, and information furnished by Fred Buzhardt to minority counsel (note 59). https://archive.org/details/FinalReportOfTheSenateSelectCommitteeOnPresidentialCampaignActivities
[^19]: U.S. Senate, Select Committee on Presidential Campaign Activities, *Final Report*, S. Rept. 93-981 (June 1974), Part I, discussion of the recruitment of Hunt and Liddy to the White House, footnote 65. https://archive.org/details/FinalReportOfTheSenateSelectCommitteeOnPresidentialCampaignActivities
[^20]: U.S. Senate, Select Committee on Presidential Campaign Activities, *Final Report*, S. Rept. 93-981 (June 1974), section "Robert Bennett and the Mullen and Company," p. 1121, citing the executive session testimony of Robert R. Mullen (February 5, 1974), pp. 3, 8-9, and the CIA memorandum "Wrap-Up of Agency's Association with Robert R. Mullen and Company." https://archive.org/details/FinalReportOfTheSenateSelectCommitteeOnPresidentialCampaignActivities
[^21]: U.S. Senate, Select Committee on Presidential Campaign Activities, *Final Report*, S. Rept. 93-981 (June 1974), section "Robert Bennett and the Mullen and Company," pp. 1121-1122, citing the executive session testimony of Robert R. Mullen (February 5, 1974) and Robert F. Bennett (February 1, 1974), the CIA memorandum "Wrap-Up of Agency's Association with Robert R. Mullen and Company," and the Mullen case officer's memorandum of April 30, 1971. https://archive.org/details/FinalReportOfTheSenateSelectCommitteeOnPresidentialCampaignActivities
[^22]: U.S. Senate, Select Committee on Presidential Campaign Activities, *Final Report*, S. Rept. 93-981 (June 1974), section "Robert Bennett and the Mullen and Company," pp. 1122-1123, citing executive session testimony of Bennett and E. Howard Hunt (December 18, 1973) and staff interviews of Thomas J. Gregory and Linda Jones. https://archive.org/details/FinalReportOfTheSenateSelectCommitteeOnPresidentialCampaignActivities
[^23]: U.S. Senate, Select Committee on Presidential Campaign Activities, *Final Report*, S. Rept. 93-981 (June 1974), section "Robert Bennett and the Mullen and Company," p. 1124, citing the Mullen case officer's memorandum for record of July 10, 1972 (CIA Supplemental Material, Volume IV) and the Hobart Taylor interview report of February 11, 1974. https://archive.org/details/FinalReportOfTheSenateSelectCommitteeOnPresidentialCampaignActivities
[^24]: U.S. Senate, Select Committee on Presidential Campaign Activities, *Final Report*, S. Rept. 93-981 (June 1974), section "Robert Bennett and the Mullen and Company," pp. 1125-1126, citing the case officer's memoranda of July 10 and July 24, 1972 (CIA Supplemental Material, Volumes IV and V). https://archive.org/details/FinalReportOfTheSenateSelectCommitteeOnPresidentialCampaignActivities
[^25]: U.S. Senate, Select Committee on Presidential Campaign Activities, *Final Report*, S. Rept. 93-981 (June 1974), section "Robert Bennett and the Mullen and Company," p. 1126, citing the Memorandum for Deputy Director for Plans of March 1, 1973 (CIA Supplemental Material, Volume IV). https://archive.org/details/FinalReportOfTheSenateSelectCommitteeOnPresidentialCampaignActivities
[^26]: U.S. Senate, Select Committee on Presidential Campaign Activities, *Final Report*, S. Rept. 93-981 (June 1974), section "Pennington Matter," pp. 1127-1128, citing the CIA Director of Security's memorandum of February 22, 1974, and the executive session testimony of Lee R. Pennington Jr. (February 23, 1974). https://archive.org/details/FinalReportOfTheSenateSelectCommitteeOnPresidentialCampaignActivities
[^27]: U.S. Senate, Select Committee on Presidential Campaign Activities, *Final Report*, S. Rept. 93-981 (June 1974), section "Hunt - Martinez - CIA." https://archive.org/details/FinalReportOfTheSenateSelectCommitteeOnPresidentialCampaignActivities
[^28]: U.S. Senate, Select Committee on Presidential Campaign Activities, *Final Report*, S. Rept. 93-981 (June 1974), section on the CIA's involvement in the Watergate affair, paragraph on newspaper articles and possible CIA links. https://archive.org/details/FinalReportOfTheSenateSelectCommitteeOnPresidentialCampaignActivities
[^29]: U.S. House of Representatives, Committee on Armed Services, Special Subcommittee on Intelligence, *Inquiry into the Alleged Involvement of the Central Intelligence Agency in the Watergate and Ellsberg Matters*, H.A.S.C. No. 93-25 (Washington, October 23, 1973). https://archive.org/details/cia-readingroom-document-cia-rdp80b01495r000500030007-0
[^30]: U.S. House of Representatives, Special Subcommittee on Intelligence, *Inquiry into the Alleged Involvement of the Central Intelligence Agency in the Watergate and Ellsberg Matters* (October 23, 1973), "Basic Observations," items (1), (2)(d), (3) and (4). https://archive.org/details/cia-readingroom-document-cia-rdp80b01495r000500030007-0
[^31]: Solie, Bruce L., Chief, Security Analysis Group, memorandum for the file, "McCord, James Walter, Jr.," June 23, 1976, JFK record 104-10123-10362.
[^32]: Wilson Center, "Spencer Oliver," expert biography (senior positions at the Democratic National Committee, 1966 to 1976; Chief of Staff, Helsinki Commission, 1976 to 1985; Chief Counsel, House Foreign Affairs Committee; Secretary General, OSCE Parliamentary Assembly). https://wilsoncenter.org/person/spencer-oliver ; OSCE Parliamentary Assembly, "R. Spencer Oliver," former Secretary General. https://www.oscepa.org/en/about-osce-pa/international-secretariat/former-secretary-general/former-secretary-general
[^33]: U.S. Senate, Select Committee on Presidential Campaign Activities, *Final Report*, S. Rept. 93-981 (June 1974), chapter 8, "The Hughes-Rebozo Investigation and Related Matters," section "IRS Audit of Larry O'Brien," p. 1025. https://archive.org/details/FinalReportOfTheSenateSelectCommitteeOnPresidentialCampaignActivities
[^34]: U.S. Senate, Select Committee on Presidential Campaign Activities, *Final Report*, S. Rept. 93-981 (June 1974), chapter 8, "The Hughes-Rebozo Investigation and Related Matters," p. 1018. https://archive.org/details/FinalReportOfTheSenateSelectCommitteeOnPresidentialCampaignActivities
[^35]: U.S. Senate, Select Committee on Presidential Campaign Activities, *Final Report*, S. Rept. 93-981 (June 1974), chapter 8, "The Hughes-Rebozo Investigation and Related Matters," section "IRS Audit of Larry O'Brien," pp. 1025-1030, citing 23 Hearings 11224-11231, 24 Hearings 11638-11645, 21 Hearings 9683-9684, and the Ehrlichman interview of January 10, 1974. https://archive.org/details/FinalReportOfTheSenateSelectCommitteeOnPresidentialCampaignActivities
[^36]: U.S. Senate, Select Committee on Presidential Campaign Activities, *Final Report*, S. Rept. 93-981 (June 1974), chapter 8, "The Hughes-Rebozo Investigation and Related Matters," p. 1030. https://archive.org/details/FinalReportOfTheSenateSelectCommitteeOnPresidentialCampaignActivities
[^37]: U.S. Senate, Select Committee on Presidential Campaign Activities, *Final Report*, S. Rept. 93-981 (June 1974), section on the Internal Revenue Service and the White House requests, p. 137. https://archive.org/details/FinalReportOfTheSenateSelectCommitteeOnPresidentialCampaignActivities
[^38]: Select Committee on Presidential Campaign Activities, *Book 23: The Hughes-Rebozo Investigation and Related Matters* (GPO, 1974), Higby Exhibits 5-A to 5-I, pp. 11123-11135: Colson memorandum of January 15, 1971.
[^39]: Select Committee on Presidential Campaign Activities, *Book 23: The Hughes-Rebozo Investigation and Related Matters* (GPO, 1974), Higby Exhibits 5-A to 5-I, pp. 11123-11135: Caulfield to Dean, January 22, January 25, February 1 and February 3, 1971, and Dean's report of Bennett's statement.
[^40]: U.S. Senate, Select Committee on Presidential Campaign Activities, *Final Report*, S. Rept. 93-981 (June 1974), chapter 8, "The Hughes-Rebozo Investigation and Related Matters," pp. 948-949, testimony of Richard Danner. https://archive.org/details/FinalReportOfTheSenateSelectCommitteeOnPresidentialCampaignActivities
[^41]: U.S. Senate, Select Committee on Presidential Campaign Activities, *Final Report*, S. Rept. 93-981 (June 1974), testimony of Jeb Stuart Magruder with footnotes 61 to 63, and the section on Robert Bennett's suggestion regarding Greenspun's safe. https://archive.org/details/FinalReportOfTheSenateSelectCommitteeOnPresidentialCampaignActivities
[^42]: "Application for FCC approval of the sale of KLAS-TV Las Vegas by H. M. Greenspun to industrialist Howard R. Hughes ... for about $4.5 million," *Broadcasting*, October 23, 1967. https://www.worldradiohistory.com/Archive-BC/BC-1967/1967-10-23-BC.pdf
[^43]: U.S. Senate, Committee on Governmental Affairs, *Investigation of Illegal or Improper Activities in Connection with 1996 Federal Election Campaigns*, S. Rept. 105-167 (1998), chapter 13, "John Huang's Years at Lippo." https://irp.fas.org/congress/1998_rpt/sgo-sir/1-13.htm
[^44]: U.S. Senate, Committee on Governmental Affairs, S. Rept. 105-167 (1998), chapter 13, "John Huang's Years at Lippo," testimony of Juliana Utomo (July 15, 1997), pp. 14-15. https://irp.fas.org/congress/1998_rpt/sgo-sir/1-13.htm
[^45]: U.S. Senate, Committee on Governmental Affairs, S. Rept. 105-167 (1998), chapter 13, "John Huang's Years at Lippo," checks of August 12, 1992 (Ex. 4), the August 17, 1992 memorandum (Ex. 5), the 1992 earnings statement (Ex. 6), and the composite of 1993 checks (Ex. 7); chapter "The China Connection," section on the 1993 checks. https://irp.fas.org/congress/1998_rpt/sgo-sir/1-13.htm ; https://irp.fas.org/congress/1998_rpt/sgo-sir/2-18.htm
[^46]: U.S. Senate, Committee on Governmental Affairs, S. Rept. 105-167 (1998), chapter "The China Connection: Summary of the Committee's Findings Relating to Efforts of the People's Republic of China to Influence U.S. Policies and Elections." https://irp.fas.org/congress/1998_rpt/sgo-sir/2-18.htm
[^47]: U.S. Senate, Committee on Governmental Affairs, S. Rept. 105-167 (1998), Minority Views of Senators Glenn, Levin, Lieberman, Akaka, Durbin, Torricelli and Cleland, chapter 4, "John Huang," introduction and findings, p. 4788. https://irp.fas.org/congress/1998_rpt/sgo-sir/4-4.htm
[^48]: U.S. Senate, Committee on Governmental Affairs, S. Rept. 105-167 (1998), Minority Views, chapter 4, "John Huang," section "Hiring Huang to Work at the DNC," p. 4811, citing the depositions of C. Joseph Giroir, Richard Sullivan and Donald Fowler. https://irp.fas.org/congress/1998_rpt/sgo-sir/4-4.htm
[^49]: U.S. Senate, Committee on Governmental Affairs, S. Rept. 105-167 (1998), Minority Views, chapter 4, "John Huang," section "June 18, 1996, DNC Coffee at the White House," p. 4836. https://irp.fas.org/congress/1998_rpt/sgo-sir/4-4.htm
[^50]: U.S. Senate, Committee on Governmental Affairs, S. Rept. 105-167 (1998), chapter 13, "John Huang's Years at Lippo," section on the Lippo contributions and the Shen Jueren meetings, footnote 15 (White House audio tape of the Los Angeles function); chapter "The China Connection," account of September 1993 meetings. https://irp.fas.org/congress/1998_rpt/sgo-sir/1-13.htm ; https://irp.fas.org/congress/1998_rpt/sgo-sir/2-18.htm
[^51]: U.S. Senate, Committee on Governmental Affairs, S. Rept. 105-167 (1998), chapter "The China Connection," sections on Ng Lap Seng, the Presidential Legal Expense Trust, and the indictment of Trie on January 28, 1998. https://irp.fas.org/congress/1998_rpt/sgo-sir/2-18.htm
[^52]: U.S. Department of Justice, "John Huang Pleads Guilty to Violating Federal Campaign Finance Laws," press release, August 12, 1999. https://www.justice.gov/archive/opa/pr/1999/August/357crm.htm
[^53]: U.S. Department of Justice, "James Riady Pleads Guilty, Will Pay Largest Fine in Campaign Finance History for Violating Federal Election Law," press release 01-17, January 11, 2001.
[^54]: U.S. Senate, Committee on Governmental Affairs, S. Rept. 105-167 (1998), chapter "John Huang's Years at Lippo," sections "Lippo Group," "LippoBank California," and "Lippo and Riady Political Contributions," footnote 37. https://irp.fas.org/congress/1998_rpt/sgo-sir/1-13.htm
[^55]: House Committee on Government Reform and Oversight, *Investigation of Political Fundraising Improprieties and Possible Violations of Law*, H. Rept. 105-829, vol. 2, 1998, Part A, section III, "Arkansas International Development Corporation," footnotes 55 through 60, citing the deposition of C. Joseph Giroir (April 30, 1997). https://www.govinfo.gov/content/pkg/CRPT-105hrpt829/html/CRPT-105hrpt829-vol2.htm
[^56]: House Committee on Government Reform and Oversight, *Investigation of Political Fundraising Improprieties and Possible Violations of Law*, H. Rept. 105-829, vol. 2, 1998, footnotes 14 and 115-119, and the Mochtar Riady letter to Clinton. https://www.govinfo.gov/content/pkg/CRPT-105hrpt829/html/CRPT-105hrpt829-vol2.htm
[^57]: House Committee on Government Reform and Oversight, *Investigation of Political Fundraising Improprieties and Possible Violations of Law*, H. Rept. 105-829, vol. 2 (1998), section on Webster Hubbell, footnotes 91 to 93, citing the deposition of Webster L. Hubbell, June 4, 1996, and NationsBank account records. https://www.govinfo.gov/content/pkg/CRPT-105hrpt829/html/CRPT-105hrpt829-vol2.htm
[^58]: Independent Counsel, *Final Report of the Independent Counsel In Re: Madison Guaranty Savings & Loan Association*, vol. 3, part C, "Webster L. Hubbell's Billing Practices and Tax Filings," pp. 28 to 29, footnotes 153 through 156, and pp. 33 to 35, footnotes 177 through 192. https://www.govinfo.gov/content/pkg/GPO-ICREPORT-MADISON/pdf/GPO-ICREPORT-MADISON-3-2.pdf
[^59]: Federal Election Commission, itemized receipts (Schedule A, OpenFEC) for contributor names "SCHWARTZ, BERNARD L" and "SCHWARTZ, BERNARD" with New York addresses, two-year periods 1996 and 1998 (January 1995 through December 1998), and for contributor name "SCHWARTZ, BERNARD" with employer BLS Investments, recipient committee C00010603, 2020 to 2024. https://api.open.fec.gov/v1/schedules/schedule_a/?committee_id=C00010603&contributor_name=SCHWARTZ%2C+BERNARD
[^60]: House Select Committee on U.S. National Security and Military/Commercial Concerns with the People's Republic of China (the Cox Committee), *Report*, H. Rept. 105-851, vol. III, ch. 9, p. 51, citing the New York Times report of April 13, 1998. https://www.govinfo.gov/content/pkg/GPO-CRPT-105hrpt851/pdf/GPO-CRPT-105hrpt851.pdf
[^61]: Federal Election Commission, itemized receipts (Schedule A, OpenFEC) for contributor "MELLON, CHRISTOPHER," employer A&E Networks, recipient committee C00010603, August 25 and 27, 2020, memo "Biden Victory Fund." https://api.open.fec.gov/v1/schedules/schedule_a/?committee_id=C00010603&contributor_name=MELLON%2C+CHRISTOPHER
[^62]: Federal Election Commission, Schedule A individual contributions, contributor name "SCATURRO, PHILIP" (41 results, June 28, 1983 to December 31, 2012). https://api.open.fec.gov/v1/schedules/schedule_a/?contributor_name=SCATURRO%2C%20PHILIP
[^63]: Federal Bureau of Investigation, file on Robert A. Maheu, FOI/PA no. 1342370-0, applicant investigation, 1940, endorsements by Richard C. Durham, assistant secretary of the Democratic National Committee.
[^64]: *United States v. Netyksho et al.*, No. 1:18-cr-00215 (D.D.C.), indictment filed July 13, 2018, ¶¶ 26, 29 and 31, pp. 10-12. https://www.justice.gov/file/1080281/download
[^65]: *United States v. Netyksho et al.*, No. 1:18-cr-00215 (D.D.C.), indictment filed July 13, 2018, introductory paragraph 4. https://www.justice.gov/file/1080281/download
[^66]: *United States v. Netyksho et al.*, No. 1:18-cr-00215 (D.D.C.), indictment filed July 13, 2018, paragraphs on the DCLeaks and Guccifer 2.0 personas and on the role of Unit 74455 in releasing and promoting stolen documents. https://www.justice.gov/file/1080281/download
[^67]: *United States v. Netyksho et al.*, No. 1:18-cr-00215 (D.D.C.), indictment filed July 13, 2018, ¶¶ 40, 47 and 48. https://archive.org/details/netyksho-et-al-indictment-1
[^68]: *United States v. Netyksho et al.*, No. 1:18-cr-00215 (D.D.C.), indictment filed July 13, 2018, ¶ 34. https://archive.org/details/netyksho-et-al-indictment-1
[^69]: Durham, John H., Special Counsel. *Report on Matters Related to Intelligence Activities and Investigations Arising Out of the 2016 Presidential Campaigns*, U.S. Department of Justice, May 12, 2023, pp. 11-12, 16-17, 81-85, 266 and 287. https://www.justice.gov/storage/durhamreport.pdf
[^70]: Federal Election Commission, MURs 7291 and 7449: certification of the July 23, 2019 vote, conciliation agreements with DNC Services Corporation/Democratic National Committee and with Hillary for America, and the letter of Richard L. Weiss to Graham Wilson, February 22, 2022; Commission votes of December 16, 2021, February 17, 2022, and March 25, 2022. https://www.fec.gov/files/legal/murs/7449/7449_64.pdf ; https://www.fec.gov/files/legal/murs/7449/7449_20.pdf ; https://www.fec.gov/data/legal/matter-under-review/7449/
[^71]: CBS News, "Seth Rich case against Fox News dismissed by federal judge," August 2, 2018, reporting the ruling of Judge George B. Daniels, the May 2017 article by Malia Zimmerman, and the article's retraction. https://www.cbsnews.com/amp/news/seth-rich-case-dismissed-by-federal-judge
[^72]: Associated Press, "Fox News, family of slain DNC staffer Seth Rich settle suit," November 25, 2020, reporting the March 2018 filing against Fox News, Zimmerman and Butowsky, the reinstatement of the suit by the Second U.S. Circuit Court of Appeals, the settlement confirmed on Tuesday, and the statements of the Riches and Fox News. https://www.ky3.com/2020/11/25/fox-news-family-of-slain-dnc-staffer-seth-rich-settle-suit/
[^73]: *Rich v. Fox News Network, LLC*, No. 18-2321-cv (2d Cir. decided Sept. 13, 2019), vacating the judgment of August 2, 2018, and remanding. https://www.steptoe.com/a/web/pcMf4NwhvnkzdJNxEs5dmm/3ZFvRt/no-18-2321-91319-opinion.pdf
[^74]: Federal Election Commission, Schedule A itemized receipts, contributor-name search "COPLAN, SHAYNE," October 21, 2024 entries, and Harris Victory Fund allocations to the Democratic National Committee (DNC Services Corp.). https://api.open.fec.gov/v1/schedules/schedule_a/?contributor_name=COPLAN%2C%20SHAYNE
[^75]: Federal Election Commission, Schedule A receipts for contributor Matthew Modabber, employer Polymarket, September 19, 2024, Harris Victory Fund filing. https://docquery.fec.gov/cgi-bin/fecimg/?202505089760714379
[^76]: Federal Election Commission, Schedule A itemized receipts, contributor "Tan, Garry," employer Y Combinator, 2024 entries to the Harris Victory Fund and allocations to the Democratic National Committee; committee record for Abundant Future (C00922229). https://api.open.fec.gov/v1/schedules/schedule_a/ ; https://api.open.fec.gov/v1/committee/C00922229/

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@ -0,0 +1,372 @@
---
aliases:
- "United States Department of Energy"
- "U.S. Department of Energy"
- "Energy Department"
category: "U.S. Government"
tags:
- Department
- NuclearWeapons
- Energy
- UAP
- GreenFireballs
- Stargate
- RemoteViewing
- Intelligence
- Counterintelligence
- NuclearIntelligence
- Wackenhut
- EGG
created: 2026-10-15
updated: 2026-10-15
location: "Washington, D.C."
summary: "Cabinet department created in 1977 that administers the nuclear weapons laboratories, the Nevada Test Site and the contractors that figure in psi, UAP and nuclear-intelligence records."
relations:
- type: head_of
with: "[[James R. Schlesinger]]"
reverse: true
start: 1977-08-06
end: 1979-08-23
role: "first Secretary of Energy"
fn: 4
- type: employed_by
with: "[[Ralph E. Caudle]]"
reverse: true
start: 1975
end: 1984
role: "Director, Division of Operations, Office of Military Application (1975); head of the Office of Safeguards and Security (1981 to 1984)"
fn: 23
- type: employed_by
with: "[[Donald M. Kerr]]"
reverse: true
start: 1979
end: 1980
role: "acting director of defense programs, according to the National Security Archive's account"
fn: 70
- type: contractor_to
with: "[[Wackenhut Corporation]]"
reverse: true
role: "the department accounted for about 20 percent of the company's revenue in its fiscal year ended January 1, 1995"
fn: 27
- type: contractor_to
with: "[[Wackenhut Services]]"
reverse: true
role: "held department contracts including DE-AC08-87NV10559 (Nevada Operations Office) and DE-AC09-99SR18950 (Savannah River)"
fn: 28
- type: contractor_to
with: "[[Wackenhut Advanced Technologies Corporation]]"
reverse: true
start: 1980
role: "department listed among the clients of the Security Programs and Computer Security Divisions of its predecessor NUSAC in spring 1980"
fn: 26
- type: contractor_to
with: "[[EG&G]]"
reverse: true
role: "held five Department of Energy contracts in the fiscal year ended January 2, 1994"
fn: 11
- type: contractor_to
with: "[[Science Applications International Corporation]]"
reverse: true
role: "department accounted for 11 percent of revenue in the fiscal year ended January 31, 1995"
fn: 13
- type: contractor_to
with: "[[Lockheed Martin]]"
reverse: true
start: 1993
end: 2017
role: "operated Sandia National Laboratories through Sandia Corporation, a Lockheed Martin company"
fn: 14
- type: employed_by
with: "[[Ruth Davis]]"
reverse: true
start: 1979-09
role: "nominated September 12, 1979 as Assistant Secretary of Energy for Resource Applications"
fn: 84
- type: employed_by
with: "[[Gregory H. Woods]]"
reverse: true
start: 2012
end: 2013
role: "general counsel"
fn: 120
---
The United States Department of Energy is the cabinet department that administers the nuclear weapons program, the national laboratories and test sites, and much of federal energy research. Its predecessors include the [[Atomic Energy Commission]], which ran the weapons complex from January 1, 1947, and the Energy Research and Development Administration. The department's laboratories, contractors and officials recur in records of green fireballs and other aerial phenomena over atomic installations, psychic research, nuclear intelligence and counterintelligence, and the sections below follow those appearances.
### Establishment and predecessor agencies
The Manhattan Project's postwar successor, the Atomic Energy Commission, was established by Public Law 79-585 of 1946 and set up an Office of Security and Intelligence to liaise with the Joint Committee on Atomic Energy and with agencies of the intelligence community.[^1] The Energy Reorganization Act of 1974, approved October 11, 1974, provides in section 101(a): "The Atomic Energy Commission is hereby abolished." It created the Energy Research and Development Administration, which inherited the commission's weapons and research functions and, according to the Congressional Research Service, its foreign intelligence and counterintelligence responsibilities under an assistant administrator for national security.[^1][^2]
Congress created the department by Public Law 95-91, approved August 4, 1977. Section 201 establishes it "at the seat of government" as "an executive department to be known as the Department of Energy."[^3] Section 102(18) transfers to it "the functions of the Energy Research and Development Administration related to nuclear weapons and national security," and section 203 lists "management and implementation of the nuclear weapons program" among the duties of its assistant secretaries. Section 208 provides for an Office of Inspector General.[^3] The Congressional Research Service describes the act as bringing together 40 existing government organizations.[^1]
[[James R. Schlesinger]], who had chaired the Atomic Energy Commission from 1971 to 1973, was confirmed as the first Secretary of Energy on August 4, 1977 and served from August 6, 1977 to August 23, 1979.[^4][^5] The department's Office of Legacy Management lists the secretaries who followed. [[Charles Duncan]] was confirmed on July 31, 1979 and served from August 24, 1979 to January 20, 1981. [[James B. Edwards]] served from January 23, 1981 to November 5, 1982, [[Donald P. Hodel]] from November 5, 1982 to February 7, 1985, and [[John S. Herrington]] from February 7, 1985 to January 20, 1989. [[James Watkins]] served from March 1, 1989 to January 20, 1993, and [[Hazel R. O'Leary]] from January 22, 1993 to January 20, 1997.[^6] [[Federico Peña]] served from March 12, 1997 to June 30, 1998, and [[Bill Richardson]] from August 18, 1998 to January 20, 2001.[^6] [[Spencer Abraham]] served from January 20, 2001 to January 31, 2005, [[Samuel W. Bodman]] from February 2005 to January 2009, [[Steven Chu]] from January 21, 2009 to April 22, 2013, and [[Ernest Moniz]] from May 21, 2013 to January 20, 2017.[^6] [[Rick Perry]] served from March 2, 2017 to December 1, 2019, and [[Dan Brouillette]] from December 11, 2019 to January 20, 2021.[^6] [[Jennifer M. Granholm]] was sworn in as the sixteenth secretary on February 25, 2021.[^7] [[Chris Wright]] was confirmed on February 3, 2025 by a Senate vote of 59 to 38.[^8]
### Weapons laboratories and the contractor network
The nuclear weapons laboratories that the department runs include [[Los Alamos]], [[Lawrence Livermore National Laboratory]] and [[Sandia National Laboratories]]. In January 2025 the Los Alamos laboratory published a release on a partnership with OpenAI.[^9] In August 2025 it announced that frontier AI models had been launched on its Venado supercomputer.[^10]
Most of the work at the laboratories and test sites is done under contract. [[EG&G]] reported in its annual report for the fiscal year ended January 2, 1994 that it held five Department of Energy contracts. Two related to the [[Nevada Test Site]]: Energy Measurements, under which the company "provides scientific and engineering services for the DOE's underground nuclear weapons test program" in cooperation with the Sandia, Los Alamos and Livermore laboratories, and the [[Reynolds Electrical and Engineering Company]] contract for support and maintenance, construction at the [[Tonopah Test Range]] and work at the [[Yucca Mountain Project]]. The other three were at [[Rocky Flats]], the [[Idaho National Engineering Laboratory]] and the [[Mound Laboratory]].[^11] The company decided in 1994 not to seek renewal of four of the contracts; the Rocky Flats contract ended in June 1995 and the Reynolds and Energy Measurements contracts expired on December 31, 1995.[^12] In its report for the fiscal year ended January 31, 1995, [[Science Applications International Corporation]] (SAIC) reported that the department accounted for 11 percent of its revenue, and listed [[Donald M. Kerr]], formerly president of EG&G, as its corporate executive vice president.[^13]
[[Lockheed Martin]] operated Sandia through Sandia Corporation from 1993 to 2017, after which management passed to a subsidiary of [[Honeywell]].[^14] Its 1995 filing places Sandia, the Oak Ridge facilities (under a contract extended through March 31, 1998 at an estimated Department of Energy budget of $3.5 billion) and Nevada Test Site support services (as subcontractor to Bechtel National) in the company's Energy and Environment sector.[^15] [[Battelle Memorial Institute]] managed the Hanford laboratories for the Atomic Energy Commission. The Pacific Northwest National Laboratory's history gives January 4, 1965 as the date on which the "key" to the [[Hanford Laboratories]] was transferred to Battelle, and dates the laboratory's renaming to 1995.[^16] A company history records that the department selected Battelle in 1978 to manage a program on commercial nuclear waste isolation.[^17]
A patent application publication, US 2020/0407525 A1, records a confirmatory license to the department from [[Lawrence Livermore National Security]] dated July 27, 2020, and names [[Chasm Technologies]] in the same record.[^18] The White House fact sheet of February 22, 2006 on the [[DP World]] port transaction noted that Dubai was "the first Middle Eastern entity" to join the [[Container Security Initiative]] and the department's Megaports Initiative.[^19] A lobbying registrant of [[Scale AI]], Ariel Marshall, lists service as chief of staff to the Under Secretary for Science and Innovation at the department from 2023 to 2025.[^20] The department also appears among the agencies with which the [[U.S. AI Safety Institute]] coordinates under the Commerce Department's description of the center's tasks.[^21] [[Garrison Rapmund]], a retired Army major general who served on the Star Gate Scientific Oversight Committee, was described in a 2018 alumni memorial as a scientific adviser to the [[National Institutes of Health]], the [[Federal Aviation Administration]] and the department.[^22]
### Safeguards, security and the Nevada Test Site
[[Ralph E. Caudle]], a retired Air Force colonel, joined the department in 1975 as Director, Division of Operations, in the Office of Military Application, and in 1981 was promoted to head the Office of Safeguards and Security, with responsibility for protection of nuclear weapons materials and facilities and all department classified information. The Journal of the Institute of Nuclear Materials Management reported in its spring 1984 issue that he had been named president of [[Wackenhut Advanced Technologies Corporation]], a subsidiary formed from the Systems Division, the Advanced Technologies Division, the Security Programs Division and NUSAC, Incorporated.[^23] His obituary states that from 1975 to 1981 he was program director and director of operations for development and production of nuclear weapons, that he was Director of Safeguards and Securities of Nuclear Weapons at the department from 1981 to 1984, and that earlier, as an Atomic Energy Commission employee, he had been Director of Safeguard and Security of Nuclear Weapons at Germantown, Maryland.[^24] The Wackenhut annual reports for 1985 and 1986 state that the company's Security Programs Division was selected to design the security system of the nuclear device assembly facility at the Nevada Test Site, and the report covering 1984 states that the department chose [[Wackenhut Services]] in 1984 to establish and operate a Safeguards and Security Central Training Academy at Albuquerque.[^25]
The predecessor firm NUSAC listed the Nuclear Regulatory Commission, the department and the Navy among the clients of its security divisions by spring 1980, and [[David G. Schofield]] was senior vice president over those divisions.[^26] The Wackenhut Corporation's annual report for the fiscal year ended January 1, 1995 states that the department accounted for about 20 percent of its revenue, with the Savannah River Site contract at 9 percent and the Rocky Flats Plant contract at 5 percent, and that Wackenhut Services' revenues were $8.1 million lower in 1994 because the department reduced manpower requirements.[^27] Wackenhut Services appears in the federal procurement records under department contracts including DE-AC08-87NV10559 for the Nevada Operations Office and DE-AC09-99SR18950 for Savannah River, the latter with obligations of about $901.6 million.[^28] Senator [[Edward J. Markey]] wrote to Secretary Bodman on February 17, 2005 that a force-on-force exercise at the Test Site in August 2004 had ended in failure for the guard force, and cited a department Office of Inspector General report of February 11, 2005 that a Wackenhut employee had taken government and personal handguns to a training exercise at the site in 2003.[^29]
The department's history of the Nevada Test Site, DOE/MA-0518, describes about 1,375 square miles of terrain "owned and controlled by the Department of Energy."[^30] The site was carved from the Nellis Air Force Gunnery and Bombing Range. President Truman authorized a 680-square-mile section of the range as the Nevada Proving Grounds on December 18, 1950, and the name became Nevada Test Site in 1955.[^31] The same history records the early use of the range: "The Army set up four emergency landing strips on the range. One was on Groom Lake east of the site."[^30] The Groom Lake airfield is the location of [[Area 51]]. EG&G's radar test facility moved to the former U-2 testing site at Area 51 of the Atomic Energy Commission's Nevada Proving Grounds on September 10, 1959, according to the CIA's history of the U-2 program.[^32]
The department also administers the [[Strategic Petroleum Reserve]], which its page on the reserve calls "the world's largest supply of emergency crude oil."[^33] The Energy Policy and Conservation Act of December 22, 1975 provides: "A Strategic Petroleum Reserve for the storage of up to 1 billion barrels of petroleum products shall be created pursuant to this part."[^34]
### Green fireballs over Los Alamos and Sandia, 1948 to 1951
From December 1948 reports of green fireballs came from the vicinity of Los Alamos and [[Sandia Base]], installations of the Atomic Energy Commission and the Armed Forces Special Weapons Project. The 17th District of the Air Force Office of Special Investigations at [[Kirtland Air Force Base]] collected the reports. In a summary of May 25, 1950 to Brigadier General [[Joseph F. Carroll]], the director of special investigations, the district wrote that its observers included "scientists, Special Agents of the Office of Special Investigations, airline pilots, military pilots, Los Alamos Security Inspectors, military personnel, and many other persons of various occupations whose reliability is not questioned." The summary was distributed to the Director, Security Division, Atomic Energy Commission, at Los Alamos, to the Armed Forces Special Weapons Project at Sandia Base and to the FBI offices at El Paso and Albuquerque.[^35]
A conference on aerial phenomena met at 1300 on February 16, 1949 in room P-162 of the Los Alamos Scientific Laboratory. The attendance list records Major Winn, Major Godsoe and Captain Neef of the Fourth Army, Commander Mandelkorn of the Armed Forces Special Weapons Project, [[Lincoln LaPaz]] of the [[University of New Mexico]], Mr. Maxwell of the FBI, Mr. Morgan and Mr. Newburger of the Atomic Energy Commission's Santa Fe Operations Office, and, from the University of California, which ran the laboratory, [[Norris Bradbury]], Holloway, Hoyt, Manley, [[Frederick Reines]] and [[Edward Teller]].[^36] Newburger opened by stating that the subject was classified Secret. Neef said the matter began in December 1948 with reports from airline pilots and that LaPaz had assisted without charge since then.[^36]
LaPaz described the fireball he had observed near Starvation Peak at about 9:02 p.m. on December 12, 1948: it appeared at full intensity instantly, was yellow-green at about 5200 angstroms, followed an almost horizontal path at constant angular velocity for almost exactly two seconds, and broke into fragments that were still bright green. He told the conference that he regarded it as "not a conventional meteorite fall," that the objects made no sound although a fall of January 30, 1949 over Texas had been followed for 1,600 miles by interviewing hundreds of people, and that he counted ten instances that "definitely merit the most serious consideration" and about twenty more.[^36] He added that earlier green fireballs had been reported to him near the Hanford area, and daylight white objects near Memphis in May 1948, "not too far from Oak Ridge."[^36] Asked for an explanation, LaPaz said the only one he had was the one he had given at the start, that the objects were defensive maneuvers of a higher United States command practising in the regions to be defended, and that he had been scolded for saying so, including by Joseph Kaplan.[^36]
Teller worked at the blackboard for about twenty minutes on light output, speed, kinetic energy and shock wave. He then said that putting together what he had heard with what he theoretically believed, "it ought to be a material body" and "might be an electron phenomenon," and estimated that an object producing the observed light without audible sound would be very small. LaPaz replied: "Nothing like this, to my knowledge, has ever been observed in the case of meteorite drops." Teller had earlier remarked that the account "sounds like everything else but meteors" and that the evidence of horizontal flight impressed him. Bradbury closed the discussion: "Still don't feel that the meteor stuff is out. The puzzling thing is the long horizontal path; also, absence of noise is puzzling."[^36] Godsoe said that "most of the military authorities think we are crackpots" except the Army Air Force, which was the gathering and reporting agency. Newburger said the Air Force had classed the flying discs and the fireballs into one category, and Neef read a letter from the Air Materiel Command that the old Project Sign was now Project Grudge, which included the New Mexico phenomena.[^36]
The Atomic Energy Commission's Santa Fe office transmitted a transcript of the minutes on March 22, 1949 under a Secret cover letter signed by Sidney Newburger, Jr., chief of its Security Operations Branch, to Lieutenant Commander Richard Mandelkorn of the Armed Forces Special Weapons Project at Sandia Base. The copy is marked as 24 pages, copy 18 of 25, and carries a Department of Energy declassification review stamp. The department's release program published it on July 10, 2026 as DOE-UAP-D004, in the fourth release of the Department of War's UAP records.[^36][^37] The FBI's San Antonio office reported to the Director on the same date, March 22, 1949, on what Fourth Army intelligence had told it of the conference: that the question was classified Secret, that more than ten incidents analogous to the green fireball and some twenty others had occurred since December 5, 1948, and that the sightings were confined to a triangle of Los Alamos, Las Vegas and west Texas. The memorandum then states: "There appears to be reason to believe that the above-mentioned phenomena may be connected with secret experiments being conducted by some U.S. Government Agency as it is believed that the United States is farther advanced in guided missile development than any foreign power."[^38]
The 17th OSI District's summary of May 1950 gives the dates of the Los Alamos conferences as February 17 and October 14, 1949 and lists as present representatives of the Fourth Army, the Armed Forces Special Weapons Project, the University of New Mexico, the FBI, the Atomic Energy Commission, the University of California, the Air Force Scientific Advisory Board, the Air Materiel Command's Geophysical Research Division and the Office of Special Investigations. It states that no logical explanation was offered but that it was "generally concluded that the phenomena existed and that they should be studied scientifically," and that "the continued occurrence of unexplained phenomena of this nature in the vicinity of sensitive installations is cause for concern."[^35]
The Air Force's Cambridge Research Laboratories then ran Project Twinkle. Its project scientist, Louis Elterman, forwarded the final report on December 11, 1951. The report states that "there is considerable doubt in the minds of some of the project personnel that this is a natural phenomenon," records that on August 28, 1951 LaPaz "expressed disbelief in all aerial phenomena except for the green fire-balls," lists reports from Los Alamos employees on January 12, April 1, June 7 and June 8, 1951 (the June 7 item a pointed cylinder in a vertical position that fell into a canyon, where a search party found nothing), and concludes that the year of vigilance "does not permit a conclusive opinion." Its recommendation was that "no further fiscal expenditure be made in pursuing the problem." The transmittal states that "nothing of a security nature has been discovered."[^39]
[[Edward J. Ruppelt]], who directed [[Project Blue Book]], wrote that the February 1949 conference decided the fireballs were a natural phenomenon of some kind and recommended that the Air Force's Cambridge laboratory photograph them; that Twinkle "was a bust" because one of three planned cameras was available; and that it "silently died" when the Korean War began. He also wrote that at an unofficial lunch discussion at the Los Alamos laboratory scientists and technicians, all of whom had seen a green fireball, theorized that the objects could be test vehicles projected from a "spaceship" hovering several hundred miles above the earth. Ruppelt recorded La Paz's view that the genuine fireballs were not meteors, and wrote that at Los Alamos and again at Sandia Base his briefings on unidentified flying objects to the technical staff drew audiences too large for the theater, so that the briefing was recorded and replayed.[^40]
A page from the Los Alamos Protective Force files released as DOE-UAP-D002 is a handwritten reply of November 23, 1970 to James L. Tuck, the Los Alamos physicist, that recalls sightings of green lights at Los Alamos between 1948 and 1951. DOE-UAP-D003 is a newsletter of the Pajarito Astronomers of Los Alamos dated May 20, 1986 announcing a talk by John Warren titled "Why Should a Scientist be Concerned about UFO's?"[^41]
### Aerial reports over Oak Ridge, Hanford and other atomic sites, 1947 to 1952
The FBI's headquarters file on flying discs, 62-HQ-83894, released in the Department of War's first release of May 8, 2026, contains reports from the Oak Ridge office. In a letter to the Director, the Knoxville special agent in charge wrote that his information came from G. J. Rathman, chief investigator of the Atomic Energy Commission's Security Division at Oak Ridge, and Colonel C. D. Gasser, resident engineer of the Air Materiel Command at the Nuclear Energy for the Propulsion of Aircraft research center at Oak Ridge. Two photographs taken by a resident in July 1947 showed a vapor trail and a ball of fire. Gasser asked Rathman to recover the copies and to tell holders to say nothing about them; Rathman recovered twenty-four copies, and the letter records that Gasser "appeared extremely concerned" and "emphatic that the matter should be given no more publicity than was absolutely necessary."[^42]
Gasser told the FBI that flying discs were believed by the Air Force to be man-made missiles, that it had been learned as much as four years earlier that discs were being experimented on by the Russians, that most approached the United States from the north and returned in the same direction, and that he saw no connection between the objects and Oak Ridge, since they were seen in forty-six of the forty-eight states in July 1947.[^42][^43] On February 10, 1949 Gasser wrote to Rathman that the Air Materiel Command's technical intelligence division had examined the negatives and found that a drop of warm water or developer had rolled across two frames. The Knoxville office's memorandum of February 18, 1949 reports that the photographs "are the result of accident or purposeful hoax and are not actually photographs of a flying saucer," and that Gasser personally advised that his statements on the existence of flying saucers stood as previously made.[^44]
The same file records radar reports over Oak Ridge. A Knoxville radio station operator reported a radar return directly over Oak Ridge on March 1 and 2, 1950, at altitudes he gave as 40,000 and 100,000 feet; Air Force personnel from the propulsion research center examined his equipment and discounted the report.[^45] The Knoxville office forwarded to the Director Air Force reports on radar detection of unidentified objects over Oak Ridge on October 12, 15 and 16, 1950, with the comment that the reports concerned unidentified objects "which to date have not been explained," and reports of October 20, 23, 24 and 26, 1950. A teletype from Director Hoover of December 5, 1950 instructed the office to obtain all facts on "possible radar jamming by ionization of particles in atmosphere" and to determine whether an incident northeast of Oliver Springs, Tennessee, could have been connected with the alleged jamming. In February 1951 the office forwarded Counter Intelligence Corps reports of January 2 and January 20, 1951 on objects sighted over Oak Ridge.[^46]
The file also holds press clippings of July 1947. An Associated Press dispatch quoted Colonel F. J. Clarke, commanding the Hanford Engineering Works, that the saucers were not coming from the atomic plant and that he had been waiting for someone to tie them to Hanford, and reported that David Lilienthal, chairman of the Atomic Energy Commission, told the Denver Post that the saucers were in no way connected with experiments in atomic energy, the transmutation of metals or similar research. The clippings include a statement attributed to an unnamed person described by a Los Angeles newspaper as a California Institute of Technology staff member that disc experiments were under way at Muroc, White Sands and Portland, and the replies of Harold Urey, who said "transmutation of atomic energy sounds like gibberish," and of the Caltech physicist C. C. Lauritsen, who said the discs had nothing to do with nuclear physics.[^47]
Ruppelt wrote that a Ground Observer Corps spotter reported a slow-moving light nearing the Oak Ridge laboratory on the night of June 21, 1952, that an F-47 on combat air patrol was vectored to it and that the light made what seemed to be ramming attacks; and that on December 10, 1952, near Hanford, the pilot and radar observer of an F-94 saw a large round white object with a dim reddish light from two "windows," lost visual contact, obtained a radar lock-on, and found that the object reversed direction and dived away when they tried to close. He wrote that Savannah River reports were not accompanied by publicity, that a report of August 25, 1951 to the 34th Air Defense at Kirtland came from an employee of the Atomic Energy Commission's Sandia Corporation and his wife, who saw a flying-wing shape one and a half times the size of a B-36, and that Blue Book's summary found reports more frequent around areas vital to defense, with the Los Alamos-Albuquerque area, Oak Ridge and White Sands rating high.[^40]
Ruppelt also described a conversation in Los Angeles with two physicists working for the Atomic Energy Commission, who asked for no publicity. They told him of a laboratory, which he did not name, where instruments registered radiation about 100 times background in December 1950 at the time that a group of colleagues, who had told others they were a mineral club, were told of a silvery circular object sighted near their instrument shack, and of earlier incidents there in which an object crossed the sky while Geiger counters registered increases. A report on the earlier incidents concluded that the readings were an equipment malfunction and the objects birds or airplanes, and, Ruppelt wrote, "Project Blue Book never got it."[^40]
The Robertson Panel, convened by the Office of Scientific Intelligence of the CIA, met from January 14 to 18, 1953 and received an Air Technical Intelligence Center map on which, according to the panel's record, sightings "showed clusters in certain strategic areas such as Los Alamos." The record's contents list includes Los Alamos Bird Watchers Association observation series from August 1950 to January 1951, and a Kirtland Air Force Base outline of a UFO investigation, and states that case histories "involving radar or radar and visual sightings were selected for Dr. Alvarez."[^48] A Fourth Army intelligence summary of a sighting from Sandia Base in February 1949 is held by the Internet Archive.[^49]
### Kirtland, Manzano and Sandia, 1980
At Kirtland Air Force Base, which adjoins Sandia's Albuquerque site, an Air Force Office of Special Investigations form of October 28, 1980 (file 8017D93-0/29), titled "Alleged Sightings of Unidentified Aerial Lights in Restricted Test Range" and covering August 8 to September 3, 1980, refers to an earlier AFOSI Form 1 of September 8, 1980 of the same title. It records that on October 24, 1980 Dr. [[Paul Bennewitz]] contacted Special Agent [[Richard Doty]] through Major Ernest E. Edwards, commander of the 1608th Security Police Squadron, and "related he had knowledge and evidence of threats against Manzano Weapons Storage area. The threat was from Aerial phenomena over Manzano." On October 26 Doty, with the assistance of Jerry Miller, GS-15, scientific advisor for the Air Force Test and Evaluation Center, interviewed Bennewitz at his home, "adjacent to the northern boundary of Manzano Base." The form describes Miller as "a former Project Blue Book USAF Investigator who was assigned to Wright-Patterson AFB, OH, with FTD" and as "one of the most knowledgeable and impartial investigators of Aerial Objects in the southwest." Bennewitz produced photographs and over 2,600 feet of 8mm motion picture film "depicting unidentified aerial objects flying over and around Manzano Weapons Storage Area and Coyote Canyon Test area," several electronic recording tapes, and equipment "pointed at Manzano" to record "high frequency electrical beam pulses." Miller related that "the evidence clearly shows that some type of unidentified aerial objects were caught on film; however, no conclusions could be made whether these objects pose a threat to Manzano/Coyote Canyon areas," and that the tapes were inconclusive and could have been gathered from conventional sources. The form states that personnel of the Foreign Technology Division at Wright-Patterson had expressed interest, asks for a DCII check on Bennewitz, states that it is responsive to HQ CR 44, and adds: "Command was briefed but did not request an investigation at this time." It is signed by Major Thomas A. Cseh, commander of the Base Investigative Detachment.[^50]
A second form of November 26, 1980 records a meeting of November 10 in the 1606th Air Base Wing conference room attended by Brigadier General [[William Brooksher]], Colonels Sheppard, Simmons, Baca and Huey (AFOSI District 17), Lieutenant Colonel Lamport, Major Cseh, Dr. Lehman, director of the Air Force Weapons Laboratory, and Ed Breen, instrumentation specialist of that laboratory. Bennewitz presented film and photographs "of alleged unidentified Aerial Objects photographed over KAFB, NM during the last 15 months" and "related he had documented proof that he was in contact with the aliens flying the objects." Lehman advised him to request a USAF grant and said he would help with the documents. On November 17 Doty advised that AFOSI would not become involved; on November 26 a caller who identified himself as Senator Harrison Schmidt of New Mexico asked about AFOSI's role and said he would request that the Secretary of the Air Force determine what agency should investigate. The form notes that Bennewitz had had "a number of conversations" with the senator during the preceding months and that the senator had telephoned Brigadier General Brooksher "since Security Police are responsible for the security of Manzano Storage Area."[^51] A third AFOSI communication of July 30, 1981, signed by Colonel Frank M. Huey, records that Senator [[Pete Domenici]] was at the 1606th Air Base Wing inspector general's office asking to speak with Doty, left immediately to meet Bennewitz, and that his aide was told AFOSI had conducted no formal investigation of him.[^52]
A letter reproduced in the same report was sent to the Aerial Phenomena Research Organization in July 1980 by a writer who described himself as an airman of the 1550th Aircrew Training and Testing Wing at Kirtland. It describes a sighting near Pecos, New Mexico, on July 16, 1980 by a Civil Air Patrol cadet; a visit the next night to the cadet's billets by a man who gave his name as Mr. Huck "from Sandia Laboratories, a secret Depart of Energy Contractor on Kirtland AFB," who said that the craft was "a secret craft from Los Alamos, NM," demanded photographs and warned the cadet not to mention the sighting; and the cadet's report to Kirtland security police, who referred it to AFOSI, where "a Mr. Dody, a special agent with OSI" took the photographs. The writer added that two Sandia Laboratories employees who "also store classified objects in Manzano" had told him that Sandia had examined several UFOs in the previous twenty years and that one that crashed near Roswell in the late 1950s "was examined by Sandia scientists" and "is still being stored in Manzano," and that Colonel Bruce Purvine had told him that AFOSI District 17 had "a special secret detachment" investigating sightings and cattle mutilations.[^53] [[William L. Moore]] said in 1989 that the letter was written by Doty as "bait."[^54]
Doty said in 2005 that the Manzano area "housed nuclear weapons, probably the largest nuclear storage area in the southwest" and that as base counterintelligence officer he had to know the classified projects at Kirtland, the [[Air Force Weapons Laboratory]], Sandia and Los Alamos in order to safeguard them. He said that AFOSI had convinced Bennewitz that signals he intercepted were alien in order to protect what was happening at Kirtland.[^55] The writer Robert Hastings wrote in 1989 that a production team member identified Doty as the source "Falcon" and a recently retired Air Force captain assigned to a plasma physics group at Sandia, [[Robert Collins]], as the source "Condor"; Hastings wrote that both denied involvement.[^56] The Aquarius teletype dated November 17, 1980, reproduced in the MJ-12 material that Moore circulated, is described by Moore as "a retyped version of a real AFOSI message with a few spurious additions."[^54][^57] The [[Black Vault]]'s post of May 20, 2021 on Doty's service record says that Doty "previously worked with" the Air Force Office of Special Investigations, and a National Personnel Records Center release of April 26, 2013 supplied his records; Doty appeared on Coast to Coast AM on February 27, 2005.[^58] A Freedom of Information Act request to the department of June 17, 1985 by [[Lee Graham]], according to the skeptic Philip J. Klass, listed the twelve names of the [[Majestic-12]] papers that Moore had shown him in May 1985.[^59]
### The UAP Disclosure Act, the 2023 hearing and the 2026 releases
At the hearing of July 26, 2023 before the Subcommittee on National Security, the Border, and Foreign Affairs of the House Committee on Oversight and Accountability, Representative Ogles asked: "Is there any indication the Department of Energy is involved in UAP data collection and housing?" Mr. Graves answered "I do not have an answer." [[David Grusch]] answered: "I cannot confirm or deny that in a public setting." Asked whether he could answer in a secure setting, Grusch said "Yes."[^60]
The Senate-passed text of the defense authorization bill, S. 2226, carried as Division G the Unidentified Anomalous Phenomena Disclosure Act, offered by Senators [[Chuck Schumer]] and [[Mike Rounds]]. Section 9003(23) defines an "unidentified anomalous phenomena record" as a record related to unidentified anomalous phenomena, technologies of unknown origin or non-human intelligence "that was created or made available for use by, obtained by, or otherwise came into the possession of" a list of bodies, among them "(F) the Department of Energy and its progenitors, the Manhattan Project, the Atomic Energy Commission, and the Energy Research and Development Administration," and also "(B) the Department of Defense and its progenitors, the Department of War and the Department of the Navy," "(H) the Central Intelligence Agency and its progenitor, the Office of Strategic Services" and "(X) any private sector person or entity formerly or currently under contract or some other agreement with the Federal Government." Section 9003(22) includes among the phenomena what were "previously described as" flying discs, flying saucers and unidentified flying objects.[^61] The enacted National Defense Authorization Act for Fiscal Year 2024, Public Law 118-31, carries a subtitle on the Unidentified Anomalous Phenomena Records Collection at the National Archives in sections 1841 to 1843. It directs the Archivist to collect "all Government, Government-provided, or Government-funded records" relating to unidentified anomalous phenomena, technologies of unknown origin and non-human intelligence, and places the duty to review and transmit on the head of each "Government office"; it does not list the department or its predecessors.[^62]
The department's own releases followed. In the Department of War's second release of May 22, 2026 the department's records include DOE-UAP-D001, the final pages of a Pantex report with a redacted ground surveillance radar image and two enhanced images of an unidentified object processed by Sandia National Laboratories, and D002 and D003 described above.[^63] In the fourth release of July 10, 2026 the department's records include the minutes of the February 1949 Los Alamos conference (D004) and DOE-UAP-D005, the Pantex Unidentified Object Incident Report of September 1 to 2, 2015, transmitted under cover of a memorandum dated September 9, 2015 that bears the heading of Consolidated Nuclear Security, LLC, which operates the [[Pantex Plant]] near Amarillo, Texas, and the address line Deputy Assistant Manager for Safeguards and Security, NNSA Production Office.[^64] The report states that on September 1, 2015 at approximately 0710 hours the plant's Ground Surveillance Radar detection system identified an unknown object; security officers described it as a "diamond" type shape, more round at the top; two officers followed it in a vehicle, and, in the report's words, "although they were unable to catch up to the object, they stopped their vehicle and got out" and "after viewing it for 1-2 minutes, the object then continued north offsite."[^37][^64] The report lists among those notified the Central Alarm Station, the Secondary Alarm Station, the Carson County Sheriff's office, Sandia National Laboratories and the FBI.[^64]
### The Wilson-Davis notes and the EG&G building
The [[Wilson-Davis Memo]], a fifteen-page document headed "EWD NOTES 10/16/02" and "Eric Davis Meeting with Adm. Wilson," records a meeting between [[Eric Davis]] and [[Thomas R. Wilson]].[^65] The notes quote an instruction on the meeting place: "Rich says to go to EG&G Special Projects building at Grice and Paradise." They also record "Meet at 10 A.M.," and the entry "We sit in his car in back of EG&G building." The conversation ran until 11:20 a.m., according to the notes.[^65] The notes also record: "Came to test site special area to wrap up projects (he began in '98)." They state that the trip was "set up by NNSA (National Nuclear Security Agency)."[^65]
The Black Vault's analysis by [[John Greenewald]] records that the document has no provenance and that the images were uploaded to [[Imgur]] on April 19, 2019.[^66] The company's annual report for fiscal 1995 lists [[EG&G Special Projects]] among its subsidiaries.[^12] A [[Defense Intelligence Agency]] information memorandum of October 30, 2009 on the review of contract deliverables lists Sandia staff among the outside reviewers and states that the program "apparently will fund the contract's option year one at $12 million."[^67] A one-page enclosure titled "BAASS Goals 2011/2012," released by the [[Department of Homeland Security]] in a response to case 2022-HQFO-00386 dated June 20, 2023, was posted online by [[Marc Cecotti]] the same day.[^68]
### Nuclear intelligence and the Vela flash
On September 22, 1979 a Vela satellite recorded a flash over the South Atlantic. The National Security Archive's briefing book of 2016 calls it the Vela incident.[^69] The Los Alamos Scientific Laboratory's Guy Barasch concluded in November 1979 that natural signals would not be confused with those of a nuclear detonation, whose light signature is "unmistakable," and dismissed a lightning superbolt.[^70] A memorandum of the Joint Atomic Energy Intelligence Committee to the director of central intelligence, dated February 14, 1980, forwards the judgments of the Nuclear Intelligence Panel, which met February 11 to 13. It states that the attached summary "was prepared by the Panel Chairman, Mr. Louis H. Roddis, Jr."[^71] The National Security Archive's earlier briefing book describes the panel as chaired by Donald Kerr, who had served in the Carter administration as acting director of defense programs at the Energy Department, and quotes [[Seymour Hersh]]'s account that Kerr stated "We had no doubt it was a bomb."[^70] Kerr is the same Donald M. Kerr who in February 1984 is listed as director of Los Alamos National Laboratory.[^72]
Two laboratory reports of May 1980 reached the opposite conclusion from the White House science adviser's panel. Henry G. Horak of Los Alamos concluded there was "strong evidence that a nuclear explosion actually produced Vela Alert 747," and G. H. Mauth of Sandia found the signal "fully consistent with those expected from a low-yield atmospheric [nuclear detonation]."[^70] The Office of Science and Technology Policy's Ad Hoc Panel, chaired by [[Jack P. Ruina|Jack Ruina]] and including [[Richard Garwin]], [[Luis Alvarez]] and Wolfgang Panofsky, reported on May 23, 1980 that the signal was probably not the result of a nuclear detonation.[^70]
Earlier, on October 10, 1979, Ross E. Cowey, director of strategic affairs in the State Department's Office of Intelligence and Research, wrote a memorandum for the files summarizing the conclusions of three scientists who had reviewed the data under the auspices of the CIA. They were [[Harold M. Agnew]], former director of Los Alamos, Garwin and [[Stephen Lukasik]]. Cowey describes the memorandum as a synopsis of their conclusions, not the full report.[^73]
On January 23, 1980 [[Gerald G. Oplinger]], a nonproliferation specialist on the national security adviser's staff, wrote to [[Henry Owen]], ambassador-at-large, under the subject line "South Atlantic Event." He wrote: "I have talked to John Deutch and Dan Murphy about this matter, and told State to put the press release and Congressional consultations on hold." He added: "Between them, DoE, DoD and technical people within the intelligence community have sufficient doubts about the Press panel report to make it very dangerous to proceed without another look." The memorandum lists four questions: the reliability of the Vela signal, on which "the technical people apparently disagree" with the panel; ionospheric signals picked up at Arecibo, on which the panel found mathematical errors and "DoE and DoD say no"; "new hydro data the panel didn't have," as reported by Deutch; and the lack of fallout. Oplinger continued: "Deutch and Murphy still feel that we should come out with a bottom line that there is no conclusive case for a nuclear source. But they feel strongly that unless these questions are given a further airing, there will be continued internal dissent and an appearance that policy people (including the White House) did a whitewash for political reasons," and added that for Deutch, Murphy and Marcum "it is a c.y.a. operation."[^74] The National Security Archive identifies the "Press panel" as the review that the presidential science adviser, [[Frank Press]], had convened under Ruina, and describes [[John Deutch]] as under secretary of energy at the time.[^69]
### Psychic research and the national laboratories
The most detailed record of the department's laboratories in the psychic research files is the work of the Lawrence Livermore National Laboratory scientist [[R. S. Hawke]]. His outline of acoustic emission experiments with "a Person Reputed to Have Paranormal Metal Bending Abilities," dated January 11, 1979, reports: "At least 4 clear instances of A.E. events occurred with one subject during one session."[^75] A routing note in the same file, undated, says: "There is absolutely no reason to believe that the scientist, Hawke, might have manipulated the data/experiment."[^76]
An Army memorandum of October 22, 1979 set a visit to Hawke's laboratory in California for November 6, 1979.[^77] The December 1979 report of the Grill Flame Scientific Evaluation Committee, chaired by [[Manfred Gale]], states in an annex on Hawke's work: "Hawke's experiments are the most objective and scientific of the investigations we have reviewed."[^78] On November 28, 1979, Hawke met Dr. [[Ruth Davis|Ruth M. Davis]], Assistant for Research Applications at the Department of Energy, and Dr. W. LaBerge of the Office of the Under Secretary of Defense for Research and Engineering.[^79] On December 26, 1979 Hawke wrote to Davis, whom he identified as "Assistant for Research Applications, Department of Energy." His letter (EMS79-0117) reports that "Dr. Roger Batzel, has been informed that such a project might be suggested by DOE and/or DOD," that "the equivalent of 5-7 full employees would be the optimum," with tasks distributed "among 10-15 researchers, technicians and other consultants and advisors," and that such discrete research was, in the words of the associate directors he had consulted, "within the capability of LLL." Batzel was named as the person to contact, and copies went to Batzel, Henry McDonald, Dale Nielsen and LaBerge.[^79]
Ruth M. Davis, signing as deputy under secretary of defense for research and engineering (research and advanced technology), sent a memorandum to [[Jack Vorona]] on November 20, 1978 concerning a remote-viewing project.[^80] A memorandum of July 9, 1979 over the same signature proposes inviting Frank Press and advising him of the Grill Flame work.[^81] Minutes of a steering committee meeting of October 30, 1979 list "Dr. Ruth Davis (DOE)" among those present and record that "Dr. Perry wants little to do with the subject."[^82] A note in the same file, undated, records that Davis could not attend a meeting because she had to meet Mr Duncan in DOE.[^83] The White House announced on September 12, 1979 the President's intention to nominate Ruth M. Davis, then Deputy Under Secretary of Defense for Research and Advanced Technology, as Assistant Secretary of Energy for Resource Applications.[^84] The signature block thus changes from the Department of Defense in 1978 and July 1979 to the Department of Energy in the October minutes and the December letter.
The Electro/77 conference held a session on the state of the art in psychic research in New York from April 19 to 21, 1977. The session was chaired by "Dr. George Pezdirtz, Director of Energy Storage Div., ERDA," and its papers included two by [[Hal Puthoff]] and [[Russell Targ]] of the [[Stanford Research Institute]].[^85] The Energy Research and Development Administration was the predecessor of the department.
A February 1984 SRI document describes a Psychoenergetics Science Advisory Panel that included "Dr. Donald Kerr, Director, Los Alamos National Laboratory," together with Fred Zachariasen and [[W. Ross Adey|Ross Adey]].[^72] A program review dated March 1, 1984, signed by Adey and Zachariasen, concludes that the work "warrants cautious continued fiscal support, and that the research should be conducted as much as possible in an open unclassified mode."[^86] A letter from the Defense Intelligence Agency to Senator [[William Proxmire]] of May 16, 1984 states that "the Department of Defense has spent $2,515,000 on Psychic research over the past ten years under project GRILL FLAME."[^87] Annie Jacobsen's account of the program places Donald M. Kerr on a panel that reviewed the Sun Streak effort on January 31, 1986.[^88] An undated DIA summary of American psychoenergetics research facilities lists "Lawrence Livermore Laboratories (L3), Livermore, CA (Lab of R. Hawke)," with the note "Not willing to do classified work."[^89] A DIA document of August 1984 lists Livermore among laboratories "under consideration for contracts in FY 1985," together with [[McDonnell Douglas]] and the [[Mind Science Foundation]].[^90]
The Los Alamos laboratory is the most consistent laboratory link in the later program. On August 5, 1987 Edward R. Flynn of Los Alamos wrote to Peter J. McNelis of SRI International's cognitive sciences program that the laboratory's magnetically shielded room could be used to measure the influence of very low frequency magnetic fields on subjects, including by repeating SRI's remote viewing experiments inside the room, and that experiments with evoked responses "would best be done at Los Alamos because we have all of the equipment and paradigms basically available now," with magnetoencephalography to localize sources.[^91] A 1988 SRI report states: "A contract was let to Los Alamos National Laboratory in order to determine whether there are neurophysiological indicators of remote viewing."[^92] It records a classified physiology conference at SRI on July 28, 1987 with two Los Alamos attendees.[^92] The December 1988 report on the neurophysiological correlates of remote viewing states that viewers from SRI and two from Los Alamos took part, and records visits by SRI viewers to the Los Alamos laboratory on June 20 to 24, August 22 to 26 and October 18 to 21, 1988; the protocol followed that of the laboratory's Neuromagnetism Laboratory in its Life Sciences and Physics Divisions.[^93] A 1992 proposal by the Science Applications International Corporation states that "SRI International and the Biophysics Group at Los Alamos National Laboratory conducted an experiment using the magnetoencephalograph (MEG) technique," and that SAIC replicated the study in Los Alamos during 1992.[^94]
A DIA purchase request for fiscal 1991 lists the action office as "HQ DOE/LANL" and describes its purpose as "biophysical research and analysis" at Los Alamos National Laboratory (LANL), a noncompetitive contract of $250,000 funded as line item 1.004 of the fiscal 1991 DIA budget for Congressional Directed Programs.[^95] The statement of work states that "the FY 1991 Defense Authorization Act identified DIA as executive agent of a new program for examining anomalous phenomena," that the earlier brain neuromagnetic pilot work was "performed by the Biophysical Group at the Los Alamos National Laboratory" as part of an Army research effort under the Surgeon General's research and development office, and that "direct MIPR action from DIA to LANL would be more appropriate." The interagency transfer was addressed to the department's headquarters, attention IN-40.[^95][^96] A Sandia white paper in the same files, "Brain Disorder Phenomenology Using Noninvasive Brain Analysis," from Sandia's Low Observable Projects Department, proposes a New Mexico center for brain imaging with a 1,000-sensor biomagnetometer, with Sandia, a Veterans Administration laboratory and Los Alamos for sensor research ($500,000) among the participants in a first phase of $16.6 million.[^97]
A DIA monthly activity report records a meeting on September 23, 1994 with representatives of the department and a laboratory. The report says: "Funding would come from them."[^98] A June 1994 research and peer review plan for the program says that contacts with "such national laboratories as Los Alamos, Lawrence Livermore, Oak Ridge, and [redacted] have indicated an interest."[^99] Minutes of the program's oversight panel for April 9, 1991 record that the panel was chaired by [[Michael A. Wartell]] of Sandia National Laboratories, and the Scientific Oversight Committee roster lists Melvin Schwartz as associate director for high energy and nuclear physics at [[Brookhaven National Laboratory]].[^100][^101]
An SRI report on an application-oriented remote viewing experiment, dated April 1988, describes an experiment of May 1987 on the advanced test accelerator at Lawrence Livermore National Laboratory, and states: "The primary target was the ATA facility."[^102] The Princeton engineer [[Robert Jahn]], in an undated Princeton Alumni Weekly article, refers to "a well-placed officer of the Department of Energy" who had written to him.[^103]
The Advanced Theoretical Physics Working Group that [[John B. Alexander]] organized in 1984 met in the secure facility of [[BDM Corporation]], whose vice president for intelligence was [[Albert Stubblebine]]. A department "Request for Visit or Access Approval" (form DOE F 5631.20) dated May 8, 1985, from a Los Alamos National Laboratory requester and signed by the laboratory's special security officer, asks that three laboratory employees be admitted to the BDM McLean secure facility on May 20 to 25, 1985 for an "Advance Theoretical Physics Conference," at the access level "TOP SECRET/RESTRICTED DATA SIGMAS AS REQUIRED."[^104]
### Human radiation experiments and openness
The Advisory Committee on Human Radiation Experiments, in its final report of October 1995, documents eighteen patients injected with plutonium between 1945 and 1947 to determine how excreta could be used to estimate the plutonium remaining in an exposed worker's body. One patient was injected at Oak Ridge Hospital, eleven at the University of Rochester, three at the University of Chicago and three at the University of California.[^105] The committee found that the patient-subjects at Rochester and California "were never told that the injections were part of a medical experiment for which there was no expectation that they would benefit, and they never consented to this use of their bodies." It also found "no documents that bear directly on what, if anything, the subjects were told about the injections and whether they consented."[^105]
On December 24, 1946 Colonel K. D. Nichols ordered a halt to injections of "certain radioactive substances" into human subjects at the University of California.[^105] The committee wrote that the Atomic Energy Commission, which succeeded the Manhattan Project on January 1, 1947, decided to keep the plutonium injections secret: "It appears that this decision was based on concerns about legal liability and adverse public reaction, not national security."[^105] The committee also records that the department told it that the records of its predecessor's Intelligence Division "had been destroyed mainly during the 1970s, but in some cases as late as 1989."[^105]
The department's own account dates its openness policy to December 7, 1993, when Hazel R. O'Leary announced her Openness Initiative, and describes "an agency whose institutional birth was in the most secret of wartime programs, the Manhattan Project." The 1995 Roadmap states that the records of the department and its predecessors fill 3.2 million cubic feet and calls the project "a prototype for the larger job of identifying, preserving, and making available the historical record of the American nuclear age."[^106] The committee's report says that on reading articles in the [[Albuquerque Tribune]], the secretary "expressed shock," and that she "was particularly concerned because the Department of Energy had its earliest origins in the agencies responsible for building the atomic bomb and sponsoring the plutonium experiments."[^105] The department's list of experiments was released at the secretary's June 1994 press conference.[^106]
### Intelligence, counterintelligence and the Wen Ho Lee case
The intelligence elements of the department are listed in the statutory definition of the intelligence community, 50 U.S.C. 3003(4)(H), added by the Intelligence Authorization Act for Fiscal Year 1993 (Public Law 102-496). In February 1998, after reports that China had penetrated the weapons laboratories, President Clinton issued Presidential Decision Directive 61, which split the department's foreign intelligence and counterintelligence functions into two offices reporting to the Secretary and required the counterintelligence office to be headed by a senior FBI official. The National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65) codified the directive and created the semi-autonomous [[National Nuclear Security Administration]] with its own Office of Defense Nuclear Counterintelligence; the act for fiscal 2007 (Public Law 109-364) abolished that office, and the department's Office of Intelligence and Counterintelligence resulted.[^1][^107]
In 1999 the government indicted [[Wen Ho Lee]], a physicist at Los Alamos. A joint statement of Attorney General [[Janet Reno]] and FBI Director [[Louis Freeh]] said that "the Department of Justice and the FBI stand by each and every one of the 59 counts."[^108] The statement also says that "The Department of Justice, the Department of Energy, and the FBI also believed strongly that Dr. Lee had to be restricted" from communicating with outsiders during his detention.[^108]
On September 13, 2000 Lee pleaded guilty. The Justice Department's release that day reads: "Today, after denying any wrongdoing for months, Dr. Lee pleaded guilty to the indictment's charge of unlawfully collecting and keeping classified information related to the national defense."[^109] The same release recalls the earlier charge: "Last year, we charged Dr. Wen Ho Lee with downloading classified information about our nuclear arsenal from a secured computer onto 10 unsecured computer tapes," and states that "the fate of 7 of those tapes has never been determined."[^109] Judge James Parker approved a plea to one of the fifty-nine counts with a sentence of time served after 278 days. According to the Senate Judiciary Committee's report he told Lee: "I believe you were terribly wronged by being held in custody pretrial . . . under demeaning, unnecessarily punitive conditions. I am truly sorry that I was led by our Executive Branch of government to order your detention last December," and that "it is only the top decision makers in the Executive Branch, especially the Department of Justice and the Department of Energy and locally, during December, who have caused embarrassment by the way this case began and was handled. They did not embarrass me alone. They have embarrassed our entire nation and each of us who is a citizen of it."[^110]
The House select committee chaired by Representative [[Christopher Cox]] reported in January 1999 that "Counterintelligence programs at the national weapons laboratories today fail to meet even minimal standards," and that "Security at the national weapons laboratories will not be satisfactory until at least sometime in the year 2000."[^111] The report describes a bureaucracy that "buried" counterintelligence staff and left them "without access to senior management or the Secretary of Energy."[^111] The Senate Judiciary report states that "The Department of Energy was wrong to allow Wackenhut contract polygraph examiners to administer a polygraph to Dr. Lee on December 23, 1998."[^110] [[Arlen Specter]]'s interim report on the investigation states that "The investigation of Dr. Lee since 1982 has been characterized by a series of errors and omissions by the Department of Energy and the Department of Justice, including the FBI."[^112]
### NUMEC and the Israel question
The [[Nuclear Materials and Equipment Corporation]] (NUMEC) was a privately owned nuclear plant at Apollo, Pennsylvania, whose owner was [[Zalman Mordecai Shapiro|Zalman Shapiro]]. The National Security Archive posted 42 documents from the NUMEC file in a briefing book of November 2, 2016.[^113]
In a February 1966 letter to [[Chet Holifield]], chairman of the [[Joint Committee on Atomic Energy]], [[Glenn Seaborg]], then chairman of the Atomic Energy Commission, wrote: "In the absence of evidence or suspicion of violation of law, we have determined that an inquiry by the FBI is not now warranted." The same letter states that "it cannot be said unequivocally that theft or diversion has not taken place."[^114] The file refers to 61 kilograms of material for which the government agreed to pay.[^114] [[R. L. Hollingsworth]], the commission's general manager, wrote in a separate letter: "That survey revealed no evidence which would lead us to believe or suspect that the material had been diverted."[^114] A General Accounting Office letter of June 20, 1967 states: "We found no evidence of diversion."[^115]
[[Richard Helms]], then director of central intelligence, asked the attorney general for a discreet FBI investigation of the company.[^114] The file includes a 1976 FBI memorandum concerning the possible diversion (document 20) and an FBI interview report on Shapiro from 1977 that records Shapiro's denials (document 24).[^116][^117] A 1972 CIA memorandum on possible diversion of weapons-grade material from NUMEC to Israel is also in the file.[^118]
### Export controls and Iraq
[[Alan Friedman]] wrote that [[Bryan Siebert]] of the Energy Department "had been waging a lonely and unsuccessful battle to get James Baker and National Security Adviser Brent Scowcroft to do something about the steady flow of U.S. exports that were materially assisting Iraq's nuclear weapons program." Friedman wrote that on May 18, 1990 [[Brent Scowcroft]] telephoned the Secretary of Agriculture and asked him "not to put out any press release today saying we are terminating the program" of credit guarantees, and that Scowcroft's aides "objected to any measures 'that singled out Iraq.'"[^119]
### Officials
James R. Schlesinger is the first Secretary of Energy. Donald M. Kerr appears in the record as acting director of defense programs in the Carter administration according to the National Security Archive, as director of Los Alamos National Laboratory in February 1984 when he sat on the SRI advisory panel, as formerly president of EG&G, and as corporate executive vice president of SAIC in 1995.[^13][^70][^72] [[Gregory H. Woods]], later a judge in the Southern District of New York, was general counsel of the department from 2012 to 2013; he was confirmed by the Senate in April 2012 and nominated to the court on May 9, 2013.[^120][^121]
### Footnotes
[^1]: Congressional Research Service, "Department of Energy's Office of Intelligence and Counterintelligence (OICI)," IF12684, June 7, 2024. https://www.everycrsreport.com/reports/IF12684.html
[^2]: Energy Reorganization Act of 1974, Public Law 93-438, 88 Stat. 1233 (October 11, 1974), sec. 101(a). https://www.govinfo.gov/content/pkg/STATUTE-88/pdf/STATUTE-88-Pg1233.pdf
[^3]: Department of Energy Organization Act, Public Law 95-91, 91 Stat. 565 (August 4, 1977), secs. 102(18), 201, 203 and 208. https://www.govinfo.gov/content/pkg/STATUTE-91/pdf/STATUTE-91-Pg565.pdf
[^4]: U.S. Department of Energy, Office of Legacy Management, "Secretaries of Energy," entry for James R. Schlesinger (confirmed August 4, 1977; term of office August 6, 1977 to August 23, 1979). https://www.energy.gov/lm/secretaries-energy
[^5]: Central Intelligence Agency, "Biography, James R. Schlesinger," reading room document CIA-RDP75B00380R000400150017-8.
[^6]: U.S. Department of Energy, Office of Legacy Management, "Secretaries of Energy," entries as listed on the page. https://www.energy.gov/lm/secretaries-energy
[^7]: U.S. Department of Energy, "Jennifer M. Granholm sworn in as 16th Secretary of Energy," February 25, 2021. https://www.energy.gov/articles/jennifer-m-granholm-sworn-16th-secretary-energy
[^8]: U.S. Senate, roll call vote no. 30, 119th Congress, 1st session, confirmation of Christopher Wright as Secretary of Energy, February 3, 2025 (yeas 59, nays 38). https://www.senate.gov/legislative/LIS/roll_call_votes/vote1191/vote_119_1_00030.htm
[^9]: Los Alamos National Laboratory, news release, January 30, 2025. https://www.lanl.gov/media/news/0130-open-ai
[^10]: Los Alamos National Laboratory, news release, August 28, 2025. https://www.lanl.gov/media/news/0828-venado-ai-models
[^11]: EG&G, Inc., Form 10-K for the fiscal year ended January 2, 1994, filed April 1, 1994, business description, contract descriptions and list of subsidiaries. https://www.sec.gov/Archives/edgar/data/31791/0000031791-94-000004.txt
[^12]: EG&G, Inc., Form 10-K for the fiscal year ended December 31, 1995, filed March 22, 1996, discontinued operations and list of subsidiaries.
[^13]: Science Applications International Corporation, Form 10-K, fiscal year ended January 31, 1995, including the executive officer listing and the department's share of revenue.
[^14]: Sandia National Laboratories, "Sandia's Government Owned/Contractor Operated heritage." https://www.sandia.gov/about/history/goco.html
[^15]: Lockheed Martin Corporation, Form 10-K405 for fiscal 1995, filed March 13, 1996, Item 1 (Energy and Environment Sector) and Exhibit 13. https://www.sec.gov/Archives/edgar/data/936468/0000950109-96-001535.txt
[^16]: Pacific Northwest National Laboratory, "Moments in Time," entries for January 4, 1965 and for the 1995 renaming. https://www.pnnl.gov/our-history/moments-in-time
[^17]: "Battelle Memorial Institute, Inc.," company history entry, International Directory of Company Histories.
[^18]: U.S. Patent Application Publication US 2020/0407525 A1, including its legal events listing for the confirmatory license dated July 27, 2020.
[^19]: White House, fact sheet on the DP World transaction, February 22, 2006. https://georgewbush-whitehouse.archives.gov/news/releases/2006/02/20060222-11.html
[^20]: Scale AI, Inc., Lobbying Disclosure Act filings for client Scale AI, 2021 to 2026. https://lda.gov/
[^21]: National Institute of Standards and Technology, "Center for AI Standards and Innovation (CAISI)." https://www.nist.gov/caisi
[^22]: Columbia University Vagelos College of Physicians and Surgeons, Columbia Medicine, Fall/Winter 2018, "In Memoriam," Class of 1953; Star Gate Scientific Oversight Committee roster, CIA-RDP96-00789R003000330001-2.
[^23]: Nuclear Materials Management (Journal of the Institute of Nuclear Materials Management), vol. 13, no. 1 (Spring 1984), "Ralph E. Caudle Heads Wackenhut Advanced Technologies Corporation." https://resources.inmm.org/system/files/jnmm/vol_13/V-13_1.pdf
[^24]: Obituary of Ralph E. Caudle, Sr., Colonel, USAF (Ret.), Pumphrey Funeral Homes, Rockville, Maryland.
[^25]: The Wackenhut Corporation, annual reports for 1984, 1985 and 1986, Danny Casolaro papers, folder "Wackenhut-CompanyReportsannualQuarterly," Internet Archive item casolaro-notebooks.
[^26]: Nuclear Materials Management, vol. 9, no. 1 (Spring 1980), announcement of appointments at NUSAC, Incorporated. https://resources.inmm.org/system/files/jnmm/vol_09/V-9_1.pdf
[^27]: The Wackenhut Corporation, Form 10-K, fiscal year ended January 1, 1995.
[^28]: Federal Procurement Data System, contract records for DE-AC08-87NV10559 (Nevada Operations Office) and DE-AC09-99SR18950 (Savannah River), including the $901.6 million obligation.
[^29]: Edward J. Markey, press release and letter to Secretary of Energy Samuel Bodman, February 17, 2005, citing a March 2004 Inspector General report, a January 2004 finding and a February 11, 2005 Inspector General report; Markey's characterizations are his. https://www.markey.senate.gov/news/press-releases/february-17-2005-markey-questions-doe-on-security-failures-at-nuclear-facilities
[^30]: U.S. Department of Energy, DOE/MA-0518, "Origins of the Nevada Test Site," description of the site (p. 1) and the Groom Lake reference (p. 20).
[^31]: Nevada National Security Site, history of the Nevada Test Site, including the December 18, 1950 authorization and the 1955 renaming. https://www.nnss.gov/
[^32]: Gregory W. Pedlow and Donald E. Welzenbach, The CIA and the U-2 Program, 1954-1974, chapter 6, pp. 274 to 275, National Security Archive Electronic Briefing Book No. 434.
[^33]: U.S. Department of Energy, "Strategic Petroleum Reserve." https://www.energy.gov/ceser/strategic-petroleum-reserve
[^34]: Energy Policy and Conservation Act, Public Law 94-163, 89 Stat. 871 (December 22, 1975), sec. 154(a).
[^35]: Headquarters, 17th District, Office of Special Investigations, Kirtland Air Force Base, "Summary of Observations of Aerial Phenomena in the New Mexico Area, December 1948 to May 1950," May 25, 1950, to the Director of Special Investigations, Headquarters USAF, in FBI file 62-HQ-83894, section 6, Internet Archive item 65-hs-1-834228961-62-hq-83894-section-6; released by the Department of War, May 8, 2026.
[^36]: Atomic Energy Commission, Santa Fe Directed Operations, transcript of "Conference on Aerial Phenomena," held at 1300, February 16, 1949, Los Alamos Scientific Laboratory, with cover letter of March 22, 1949 from Sidney Newburger, Jr. to Lt. Cmdr. Richard Mandelkorn, Armed Forces Special Weapons Project, Sandia Base, Secret, declassified under NND 58378, released as DOE-UAP-D004, July 10, 2026. https://www.war.gov/medialink/ufo/071026/release_04/documents/DOE-UAP-D004_Los-Alamos-Conference-on-Aerial-Phenomena_1949.pdf (archived copy: http://web.archive.org/web/20260916001405/https://www.war.gov/medialink/ufo/071026/release_04/documents/DOE-UAP-D004_Los-Alamos-Conference-on-Aerial-Phenomena_1949.pdf).
[^37]: CBS News, "Pentagon releases new batch of UFO files," July 10, 2026, on the fourth release. https://www.cbsnews.com/news/ufo-files-4th-release-pentagon/
[^38]: Special agent in charge, San Antonio, to the Director, FBI, "Protection of Vital Installations," March 22, 1949, FBI file 62-HQ-83894, section 4, Internet Archive item 65-hs-1-834228961-62-hq-83894-section-6.
[^39]: Louis Elterman, Geophysics Research Division, Air Force Cambridge Research Laboratories, Project Twinkle final report, with transmittal of December 11, 1951, Internet Archive item project-twinkle-november-1951.
[^40]: Edward J. Ruppelt, The Report on Unidentified Flying Objects (Doubleday, 1956), chapters 1, 4, 9, 12 and 14 and the text on the Atomic Energy Commission physicists, Project Gutenberg edition 17346.
[^41]: DOE-UAP-D002 (Los Alamos Protective Force correspondence, November 23, 1970) and DOE-UAP-D003 (Pajarito Astronomers newsletter, May 20, 1986), Department of War UAP release 02, May 22, 2026 (release listing: https://www.war.gov/medialink/ufo/052226/release_02/documents/DOE-UAP-D002_JamesTuck_Correspondence.pdf); the release is reported in Stefan Becket, "Pentagon releases more UFO files," CBS News, May 22, 2026, https://www.cbsnews.com/news/ufo-files-pentagon-videos-documents/. Document text: UAP Archives, https://uap-files.org/documento/324a9795356cc793 (D002) and https://uap-files.org/documento/89ecb1163e42d3e8 (D003).
[^42]: Special agent in charge, Knoxville, to the Director, FBI, "'Flying Saucers' Observed Over Oak Ridge Area," FBI file 62-HQ-83894, section 4, released by the Department of War, May 8, 2026.
[^43]: FBI memorandum on the Air Force's flying disc inquiry and Colonel Gasser's confidential advice, FBI file 62-HQ-83894, section 4.
[^44]: Colonel C. D. Gasser to G. J. Rathman, February 10, 1949; Special agent in charge, Knoxville, to the Director, FBI, February 18, 1949, FBI file 62-HQ-83894, section 4.
[^45]: Special agent in charge, Knoxville, "Unknown Object Over Oak Ridge, Tennessee, March 1, 1950," FBI file 62-HQ-83894, section 5.
[^46]: FBI file 62-HQ-83894, section 6: Knoxville letters on radar detection of unidentified objects over Oak Ridge, October 1950; teletype from Hoover, December 5, 1950; Knoxville memorandum of February 10, 1951.
[^47]: Associated Press dispatch, July 1947, and related press clippings, FBI file 62-HQ-83894, sub-file A.
[^48]: Central Intelligence Agency, Office of Scientific Intelligence, Scientific Advisory Panel on Unidentified Flying Objects, meetings of January 14 to 18, 1953, CIA-RDP79B00752A000300100010-4.
[^49]: Headquarters Fourth Army, Fort Sam Houston, Assistant Chief of Staff G-2, summary on an "Unconventional Aircraft" sighting at Sandia Base, February 1949, Internet Archive item 1949-02-6792613-SandiaBase-N-M.
[^50]: AFOSI Form 96, Multipurpose Internal OSI Form, file 8017D93-0/29, "Kirtland AFB, NM, 8 Aug - 3 Sep 80, Alleged Sightings of Unidentified Aerial Lights in Restricted Test Range," transmittal date October 28, 1980, signed Thomas A. Cseh, Appendix E, p. 93 to 94, of William L. Moore and Jaime H. Shandera, The MJ-12 Documents: An Analytical Report (Fund for UFO Research, 1990). http://www.openminds.tv/wp-content/uploads/S1-Bennewitz-AFOSI-Visit-Oct-80.pdf
[^51]: AFOSI Form 96, file 8017D93-0/29, transmittal date November 26, 1980, Appendix E, pp. 95 to 96, Moore and Shandera, MJ-12 Documents. http://www.openminds.tv/wp-content/uploads/S3-Bennewitz-Kirtland-Bennewitz-Meeting-Nov-80.pdf
[^52]: AFOSI Form 158, AFOSI Communication, "Dr. Paul Fredrick Bennewitz, Congressional Inquiry," July 30, 1981, AFOSI District 17/CC, signed Frank M. Huey, Appendix E, p. 97, Moore and Shandera, MJ-12 Documents. http://www.openminds.tv/wp-content/uploads/S4-Bennewitz-AFOSI-Domenici-July-81.pdf
[^53]: Anonymous letter to the Aerial Phenomena Research Organization, July 1980, Appendix B, pp. 81 to 82, Moore and Shandera, MJ-12 Documents. http://www.openminds.tv/wp-content/uploads/S17-Weitzel-Letter.pdf
[^54]: William L. Moore, "UFOs and the U.S. Government, Part I," address to the MUFON International UFO Symposium, Las Vegas, July 1, 1989, quoted in Moore and Shandera, The MJ-12 Documents: An Analytical Report (Fund for UFO Research, 1990), "The Weitzel Letter (July, 1980)," p. 6. http://www.openminds.tv/wp-content/uploads/The-MJ-12-Documents-An-Analytical-Report-Excerpts.pdf
[^55]: "Greg Bishop and Richard Doty, Coast to Coast AM with host Art Bell," transcript of the broadcast of February 27, 2005. http://www.openminds.tv/wp-content/uploads/S5-Greg-Bishop-and-Richard-Doty-Coast-to-Coast-AM-with-host-Art-Bell-Interview-Transcript.pdf
[^56]: Robert Hastings, "The MJ-12 Affair: Facts, Questions, Comments," March 1, 1989.
[^57]: William L. Moore, account of the Aquarius teletype as reproduced in the UFO BBS file on the MJ-12 documents, textfiles.com UFO collection.
[^58]: The Black Vault, post on the personnel records of Richard C. Doty, May 20, 2021; National Personnel Records Center release to Alejandro Rojas, April 26, 2013, request no. 2-11444310069; Coast to Coast AM, broadcast of February 27, 2005.
[^59]: Philip J. Klass, Skeptics UFO Newsletter no. 44, March 1997, pp. 1 to 5. https://cdn.centerforinquiry.org/wp-content/uploads/sites/29/docs/SUN/SUN44.pdf
[^60]: U.S. House of Representatives, Committee on Oversight and Accountability, Subcommittee on National Security, the Border, and Foreign Affairs, hearing of July 26, 2023, Serial No. 118-53, transcript pp. 43 to 44.
[^61]: S. 2226, 118th Congress, as passed by the Senate, Division G, secs. 9003(22) and 9003(23)(B), (F), (H) and (X).
[^62]: Public Law 118-31, National Defense Authorization Act for Fiscal Year 2024, div. A, title XVIII, subtitle C, secs. 1841 to 1843, 137 Stat. 699 and following.
[^63]: DOE-UAP-D001, Pantex image pages 5 and 6 of 6, Department of War UAP release 02, May 22, 2026 (release listing: https://www.war.gov/medialink/ufo/052226/release_02/documents/DOE-UAP-D001_PANTEX_Image.pdf); the Department of Energy files in the release, including one from Pantex, are reported in Stefan Becket, "Pentagon releases more UFO files," CBS News, May 22, 2026, https://www.cbsnews.com/news/ufo-files-pentagon-videos-documents/. Document text: UAP Archives, https://uap-files.org/documento/4c007724fa7325d2.
[^64]: DOE-UAP-D005, PANTEX Unidentified Object Incident Report, September 2, 2015, 7 pp., Consolidated Nuclear Security, LLC, Pantex Plant, Department of War UAP release 04, July 10, 2026 (release listing: https://www.war.gov/medialink/ufo/071026/release_04/documents/DOE-UAP-D005_Pantex-Unidentified-Object-Incident-Report_2015.pdf); the quoted passages are those printed in CBS News, "Pentagon releases new batch of UFO files," July 10, 2026, https://www.cbsnews.com/news/ufo-files-4th-release-pentagon/. Document text: UAP Archives, https://uap-files.org/documento/249cd9f5b85c4a92.
[^65]: "EWD NOTES 10/16/02, Eric Davis Meeting with Adm. Wilson," 15 pp., wilsonleak.pdf, The Black Vault.
[^66]: John Greenewald, The Black Vault analysis of the Wilson-Davis notes, including the April 19, 2019 Imgur upload of the images and the statement that the document has no provenance.
[^67]: Defense Intelligence Agency information memorandum U-429-09, October 30, 2009, on the review of advanced aerospace contract deliverables.
[^68]: Department of Homeland Security response of June 20, 2023, case 2022-HQFO-00386, with the enclosure "BAASS Goals 2011/2012," as posted by Marc Cecotti on X.
[^69]: William Burr and Avner Cohen, "The Vela Incident: South Atlantic Mystery Flash in September 1979 Raised Questions about Nuclear Test," National Security Archive Electronic Briefing Book No. 570, December 6, 2016.
[^70]: Jeffrey T. Richelson, ed., "The Vela Incident: Nuclear Test or Meteoroid?" National Security Archive Electronic Briefing Book No. 190, May 5, 2006, documents 2 (Barasch), 6, 7 (Horak), 8 (Mauth) and 9 (Ad Hoc Panel report, May 23, 1980) and the document descriptions. https://nsarchive2.gwu.edu/NSAEBB/NSAEBB190/index.htm
[^71]: Joint Atomic Energy Intelligence Committee, memorandum for the Director of Central Intelligence, February 14, 1980, "Judgments of the DCI's Nuclear Intelligence Panel on the 22 September 1979 Event," Secret, National Security Archive Electronic Briefing Book No. 190, doc. 6. https://nsarchive2.gwu.edu/NSAEBB/NSAEBB190/06.pdf
[^72]: SRI document on the Psychoenergetics Science Advisory Panel, February 1984, CIA-RDP96-00792R000600310001-7.
[^73]: Ross E. Cowey, director of Strategic Affairs, Office of Intelligence and Research, memorandum for the files, October 10, 1979, Secret, National Security Archive Electronic Briefing Book No. 570, doc. 10.
[^74]: Jerry Oplinger to Henry Owen, "South Atlantic Event," January 23, 1980, Secret, Jimmy Carter Presidential Library, NLC-28-32-4-16-5, National Security Archive Electronic Briefing Book No. 570, doc. 33.
[^75]: R. S. Hawke, outline of acoustic emission experiments with a person reputed to have paranormal metal bending abilities, January 11, 1979, CIA-RDP96-00788R001100100001-9.
[^76]: Routing note, undated, CIA-RDP96-00788R001100100002-8.
[^77]: Army memorandum, October 22, 1979, setting a visit to Hawke at Lawrence Livermore for November 6, 1979, CIA-RDP96-00788R001200230014-0.
[^78]: Report of the Grill Flame Scientific Evaluation Committee, December 1979, chairman Manfred Gale, annex 7 (Hawke's investigations) and annex 2 (visits), CIA-RDP96-00788R001300120001-5.
[^79]: R. S. Hawke to Ruth M. Davis, letter EMS79-0117, December 26, 1979, CIA-RDP96-00788R001100100003-7.
[^80]: Ruth M. Davis, deputy under secretary of defense for research and engineering (research and advanced technology), memorandum to Jack Vorona, November 20, 1978, CIA-RDP96-00787R000500240017-5.
[^81]: Ruth M. Davis, memorandum, July 9, 1979, signed as deputy under secretary of defense for research and engineering (research and advanced technology), CIA-RDP96-00788R001200230005-0.
[^82]: Minutes of steering committee meeting, October 30, 1979, CIA-RDP96-00788R002000100007-3 and CIA-RDP96-00788R002000250021-1.
[^83]: Stoner note, undated, CIA-RDP96-00788R002000250019-4.
[^84]: Jimmy Carter, "Department of Energy: Nomination of Ruth M. Davis To Be an Assistant Secretary," announcement of September 12, 1979, The American Presidency Project. https://www.presidency.ucsb.edu/documents/department-energy-nomination-ruth-m-davis-be-assistant-secretary
[^85]: Electro/77 session on the state of the art in psychic research, New York, April 19 to 21, 1977, CIA-RDP96-00787R000500060001-2.
[^86]: SRI program review, March 1, 1984, signed by W. Ross Adey and F. Zachariasen, CIA-RDP96-00789R003300170001-7.
[^87]: Defense Intelligence Agency letter to Senator William Proxmire, May 16, 1984, CIA-RDP96-00788R001100370004-7.
[^88]: Annie Jacobsen, Phenomena: The Secret History of the U.S. Government's Investigations into Extrasensory Perception and Psychokinesis (Little, Brown, 2017), account of the Sun Streak panel of January 31, 1986.
[^89]: Undated Defense Intelligence Agency summary of American psychoenergetics research facilities, CIA-RDP96-00788R001100260003-0.
[^90]: Defense Intelligence Agency document, August 7, 1984, CIA-RDP96-00788R001800210001-0.
[^91]: Edward R. Flynn, Los Alamos National Laboratory, to Peter J. McNelis, SRI International, August 5, 1987, appended to SRI Final Technical Report, "Enhanced Human Performance Investigation," December 1987, CIA-RDP96-00789R002200150001-1 and CIA-RDP96-00787R000300100001-9.
[^92]: SRI report, fiscal 1988, CIA-RDP96-00789R002200670001-4; SRI Final Technical Report, "Enhanced Human Performance Investigation," December 1988, CIA-RDP96-00789R002200380001-6.
[^93]: SRI Final Report, Objective D, Task 1, "Neurophysiological Correlates to Remote Viewing," December 1988, CIA-RDP96-00789R002200320001-2.
[^94]: Science Applications International Corporation proposal, August 27, 1992, CIA-RDP96-00789R003100200001-5.
[^95]: Defense Intelligence Agency purchase request, fiscal 1991, for a contract with Los Alamos National Laboratory (LANL) for biophysical research and analysis, CIA-RDP96-00789R003000420013-9.
[^96]: Defense Intelligence Agency, "Statement of Work for Biophysical Research and Analysis," fiscal 1991, CIA-RDP96-00789R003000420015-7.
[^97]: Sandia National Laboratories, Low Observable Projects Department, "White Paper on Brain Disorder Phenomenology Using Noninvasive Brain Analysis," CIA-RDP96-00789R003300190001-5.
[^98]: Defense Intelligence Agency monthly activity report covering September 1994, CIA-RDP96-00789R002500230016-3 and CIA-RDP96-00789R002500230017-2.
[^99]: STAR GATE research and peer review plan, June 1994, CIA-RDP96-00789R002700010001-1.
[^100]: Minutes of the Project Oversight Panel, April 9, 1991, CIA-RDP96-00789R002900550001-0.
[^101]: Star Gate Scientific Oversight Committee roster, CIA-RDP96-00789R003000330001-2.
[^102]: SRI report on an application-oriented remote viewing experiment, April 1988, CIA-RDP96-00789R003200160001-9.
[^103]: Robert G. Jahn, undated Princeton Alumni Weekly article, CIA-RDP96-00787R000500070001-1.
[^104]: Reproductions of James "Oke" Shannon's handwritten notes and Jack Houck's notes and handouts, including form DOE F 5631.20 dated May 8, 1985, in the appendices of the Loose Threads Report, pp. 15, 166 and 187 to 188. https://anomalyarchives.org/wp-content/uploads/PDF-Loose-Threads.pdf
[^105]: Advisory Committee on Human Radiation Experiments, Final Report (October 1995), pp. 238 to 239, 245, 249, 252, 266 to 267, and preface pp. 2 to 3 and 8. OSTI biblio 123541.
[^106]: U.S. Department of Energy, Human Radiation Experiments: The Department of Energy Roadmap to the Story and the Records, DOE/EH-0445 (February 1995), foreword and chapter 1. https://ehss.energy.gov/ohre/roadmap/
[^107]: 50 U.S.C. 3003(4)(H), definition of "intelligence community." https://www.law.cornell.edu/uscode/text/50/3003
[^108]: Statement by Attorney General Janet Reno and FBI Director Louis Freeh on the Wen Ho Lee case, September 2000. https://sgp.fas.org/congress/2000/freeh.html
[^109]: U.S. Department of Justice, statement of Attorney General Janet Reno on the guilty plea of Wen Ho Lee, release 537, September 13, 2000. https://www.justice.gov/archive/opa/pr/2000/September/537ag.htm
[^110]: Senate Judiciary Committee, 2001 report on the Wen Ho Lee investigation, including the transcript passages of Judge Parker's statements of September 13, 2000 and the passage on the polygraph of December 23, 1998. https://irp.fas.org/congress/2001_rpt/whl.html
[^111]: House Select Committee on U.S. National Security and Military/Commercial Concerns with the People's Republic of China, H. Rept. 105-851, overview p. xi and pp. 92 to 93.
[^112]: Senator Arlen Specter, interim report on the investigation of Dr. Wen Ho Lee. https://irp.fas.org/congress/2000_rpt/specter.html
[^113]: National Security Archive, "The NUMEC Affair," Briefing Book No. 565, November 2, 2016, documents 1 to 42.
[^114]: National Security Archive, NUMEC Briefing Book No. 565, document 3 (Seaborg to Holifield, February 1966), document 4 (Hollingsworth letter, AEC general manager) and document 21 (Shapiro file, 61 kilograms).
[^115]: General Accounting Office, letter B-157767 to the Joint Committee on Atomic Energy, June 20, 1967, National Security Archive Briefing Book No. 565, document 7.
[^116]: FBI memorandum, 1976, National Security Archive Briefing Book No. 565, document 20.
[^117]: FBI Washington Field Office report on Zalman Shapiro, 1977, National Security Archive Briefing Book No. 565, document 24.
[^118]: Central Intelligence Agency memorandum, 1972, on possible diversion of weapons-grade material to Israel from NUMEC, National Security Archive Briefing Book No. 565, document 18.
[^119]: Alan Friedman, Spider's Web: The Secret History of How the White House Illegally Armed Iraq (Bantam, 1993), pp. 153 to 156, 162, 192, 216 and 221.
[^120]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, entry for Gregory Howard Woods III (general counsel, U.S. Department of Energy, 2012 to 2013). https://www.fjc.gov/history/judges/woods-gregory-howard-iii
[^121]: White House, "President Obama Nominates Two to Serve on the United States District Court," May 9, 2013. https://obamawhitehouse.archives.gov/the-press-office/2013/05/09/president-obama-nominates-two-serve-united-states-district-court

View file

@ -25,7 +25,7 @@ start: 1870-07-01
location: "Washington, D.C."
---
The Department of Justice, established in 1870 under the Attorney General, contains the [[Federal Bureau of Investigation|FBI]], the [[DEA]], the [[Executive Office for United States Attorneys]] and the ninety-odd [[U.S. Attorney's office|United States Attorneys]], the Criminal, Civil and Civil Rights Divisions, the [[Office of Special Investigations]], the Office of Legal Counsel, the [[Office of Professional Responsibility]] and, until the Justice Assistance Act of 1984 replaced its statutory authority, the [[LEAA|Law Enforcement Assistance Administration]], whose grants funded the case-tracking software that became [[PROMIS]]. Its grant programs had ended in practice after fiscal 1980.[^1][^2][^3]
The Department of Justice, established in 1870 under the Attorney General, contains the [[Federal Bureau of Investigation|FBI]], the [[DEA]], the [[Executive Office for United States Attorneys]] and the ninety-odd [[United States Attorney|United States Attorneys]], the Criminal, Civil and Civil Rights Divisions, the [[Office of Special Investigations]], the Office of Legal Counsel, the [[Office of Professional Responsibility]] and, until the Justice Assistance Act of 1984 replaced its statutory authority, the [[LEAA|Law Enforcement Assistance Administration]], whose grants funded the case-tracking software that became [[PROMIS]]. Its grant programs had ended in practice after fiscal 1980.[^1][^2][^3]
### INSLAW and PROMIS

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@ -16,7 +16,7 @@ created: 2026-09-22
updated: 2026-09-22
---
The Executive Office for United States Attorneys is the [[Department of Justice]] office, established by Attorney General Order No. 8-53 of April 6, 1953, under Herbert Brownell, that provides executive assistance and supervision to the [[U.S. Attorney's office|United States Attorneys]] in the federal districts. It evaluates their performance, coordinates them with other agencies, maintains the United States Attorneys' Manual, runs their legal training, supports the Attorney General's Advisory Committee, sets policy for collecting criminal fines, handles their budgets, Freedom of Information Act responses, congressional liaison, facilities and security. James R. Browning organized the office as its first chief in 1953. Its directors in the years of the INSLAW dispute were William P. Tyson, from 1977 to 1987, Laurence S. McWhorter, from 1987 to 1992, and [[Anthony Moscato]], acting director and then director from 1992 to 1994, followed by Carol DiBattiste.[^1]
The Executive Office for United States Attorneys is the [[Department of Justice]] office, established by Attorney General Order No. 8-53 of April 6, 1953, under Herbert Brownell, that provides executive assistance and supervision to the [[United States Attorney|United States Attorneys]] in the federal districts. It evaluates their performance, coordinates them with other agencies, maintains the United States Attorneys' Manual, runs their legal training, supports the Attorney General's Advisory Committee, sets policy for collecting criminal fines, handles their budgets, Freedom of Information Act responses, congressional liaison, facilities and security. James R. Browning organized the office as its first chief in 1953. Its directors in the years of the INSLAW dispute were William P. Tyson, from 1977 to 1987, Laurence S. McWhorter, from 1987 to 1992, and [[Anthony Moscato]], acting director and then director from 1992 to 1994, followed by Carol DiBattiste.[^1]
### The PROMIS Contract

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@ -11,7 +11,7 @@ location: Washington, D.C.
created: 2026-06-03
updated: 2026-06-12
---
The Federal Bureau of Narcotics (FBN) was a U.S. government agency whose agents collaborated closely with the [[CIA]] on behavioral control operations. [[George White]], a [[Office of Strategic Services|OSS]] veteran who worked as a narcotics agent, used his Bureau position as cover to operate [[Safehouses|safehouses]] in [[New York]] and [[San Francisco]] where the CIA conducted unwitting drug experiments. The Bureau provided access to drug offenders and prostitutes who became unwitting experimental subjects. Narcotics agent [[Charles Siragusa]] ran a New York safehouse, opened in 1961, while White operated in San Francisco.[^1]
The Federal Bureau of Narcotics (FBN) was a U.S. government agency whose agents collaborated closely with the [[CIA]] on behavioral control operations. [[George White]], a [[Office of Strategic Services|OSS]] veteran who worked as a narcotics agent, used his Bureau position as cover to operate [[Safehouses|safehouses]] in [[New York City|New York]] and [[San Francisco]] where the CIA conducted unwitting drug experiments. The Bureau provided access to drug offenders and prostitutes who became unwitting experimental subjects. Narcotics agent [[Charles Siragusa]] ran a New York safehouse, opened in 1961, while White operated in San Francisco.[^1]
### Founding and succession

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@ -1,6 +1,6 @@
---
created: 2025-03-05
updated: 2026-10-12
updated: 2026-10-15
title: NSA
aliases:
- NSA
@ -118,7 +118,7 @@ The 2022 and 2024 reports described Southall and Paul Abram as two United States
The Panel recorded that Abram, a former United States Air Force security services officer, had said he was attached to an NSA listening post at Iraklion, Greece. It assessed that his claim to have performed special duties at the time appeared to be valid, on the basis of a discharge record describing him as a "voice intercept procedure specialist," but could not confirm that he was posted to Iraklion at the time.[^32] The 2017 report recorded that the United States confirmed his service record only in July 2017, with information that disputed his location at the time he reported hearing the intercept.[^33]
The National Security Archive at George Washington University filed Freedom of Information Act requests on behalf of the 2013 Commission of Jurists for any NSA recording or transcript of radio traffic on the night of September 17 and 18, 1961 appearing to relate to one aircraft firing upon another, and for any message intercepted concerning the approach of an aircraft to Ndola.[^34] The NSA's initial response indicated that two of three responsive documents appeared exempt by reason of "top secret" classification, and that the third was not held by the NSA; an appeal was lodged.[^34] The agency told the commission that releasing the two files "could reasonably be expected to cause exceptionally grave damage to the national security."[^35] The Swedish newspaper SvD Nyheter reported on November 21, 2014 that the United States had given the Swedish foreign minister, Carl Bildt, access to the two files, quoting him as saying that the information was "trivial and unimportant." In 2015 one member of the Independent Panel, of Australian nationality, was given full access to the two files and assessed that they contained no information on the interception of communications about an attack on SE-BDY.[^35] On June 9, 2015 the United States told the Panel that its search of NSA and CIA records had not found documents matching the materials requested.[^35]
The [[National Security Archive]] at [[George Washington University]] filed Freedom of Information Act requests on behalf of the 2013 Commission of Jurists for any NSA recording or transcript of radio traffic on the night of September 17 and 18, 1961 appearing to relate to one aircraft firing upon another, and for any message intercepted concerning the approach of an aircraft to Ndola.[^34] The NSA's initial response indicated that two of three responsive documents appeared exempt by reason of "top secret" classification, and that the third was not held by the NSA; an appeal was lodged.[^34] The agency told the commission that releasing the two files "could reasonably be expected to cause exceptionally grave damage to the national security."[^35] The Swedish newspaper SvD Nyheter reported on November 21, 2014 that the United States had given the Swedish foreign minister, Carl Bildt, access to the two files, quoting him as saying that the information was "trivial and unimportant." In 2015 one member of the Independent Panel, of Australian nationality, was given full access to the two files and assessed that they contained no information on the interception of communications about an attack on SE-BDY.[^35] On June 9, 2015 the United States told the Panel that its search of NSA and CIA records had not found documents matching the materials requested.[^35]
The 2024 report described Dakota aircraft at Ndola equipped to intercept, transmit and receive communications over long distances, and wrote that there was "a reasonable evidentiary basis" to consider that these aircraft "may have overheard or relayed communications from or about flight SE-BDY."[^31]

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@ -1,6 +1,6 @@
---
created: 2025-07-22
updated: 2026-10-09
updated: 2026-10-15
title: Office of Technical Service
aliases:
- OTS
@ -75,7 +75,7 @@ relations:
start: 1974-07
end: 1980-06
role: "Director of the Office of Technical Service; wrote on February 20, 1976 that he had directed termination of OTS support to the SRI parapsychology work"
fn: 28
fn: 30
- type: head_of
with: "[[Milton C. Wonus]]"
reverse: true
@ -128,7 +128,7 @@ relations:
start: 1971-07
end: 1971-08
role: "technical officers supplied alias documents, disguise materials, a tape recorder and a Tessina camera to E. Howard Hunt and G. Gordon Liddy; the assistance was stopped on August 27, 1971"
fn: 38
fn: 40
---
The Office of Technical Service (OTS) is the [[Central Intelligence Agency|CIA]]'s technical component, the unit that supplied covert operations with disguises, alias documents, bugs, taps, concealment devices and, in its early years, chemical and biological materials.[^1] It was the [[Technical Services Staff]] (TSS) from 1951 to 1960, the [[Technical Services Division]] (TSD) from 1960 to 1973, and the Office of Technical Service from 1973, when it was moved from the Directorate of Plans to the [[Directorate of Science and Technology]]. The agency's official history dates the TSS's creation to September 7, 1951.[^1] [[Jim Schnabel]] calls the office the "Q Branch" of the CIA, after the gadget-supplying division of the James Bond films.[^2]
@ -177,13 +177,13 @@ A July 1986 memorandum from the Assistant for Coordination and Strategy of the O
### Remote viewing at SRI, 1961 to 1976
[[Kenneth A. Kress]] wrote that one of the earliest US Government parapsychology investigations was prompted when the chief of the OTS, then the TSD, became interested in claims of ESP. Technical project officers contacted [[Stephen I. Abrams]], Director of the Parapsychological Laboratory at [[University of Oxford|Oxford University]], who "under the auspices of Project ULTRA" prepared a review article, dated December 14, 1965, claiming that ESP was demonstrated but not understood or controllable; the report "produced no further action for another decade."[^24] An OTS chronology prepared in 1977 gives OTS involvement up to 1961 as "Monitoring only."[^25]
[[Kenneth A. Kress]] wrote that one of the earliest US Government parapsychology investigations was prompted when the chief of the OTS, then the TSD, became interested in claims of ESP. Technical project officers contacted [[Stephen I. Abrams]], Director of the Parapsychological Laboratory at [[University of Oxford|Oxford University]], who "under the auspices of Project ULTRA" prepared a review article, dated December 14, 1965, claiming that ESP was demonstrated but not understood or controllable; the report "produced no further action for another decade."[^24] An OTS chronology prepared in 1977 gives OTS involvement up to 1961 as "Monitoring only."[^25] A CIA report dated February 1989 dates the start of the agency's work on ESP claims to 1961, and a 1992 Defense Intelligence College thesis by Captain [[Michael E. Zarbo]], US Army, states that the Office of Technical Service commissioned the Oxford review.[^26][^27]
The OTS and ORD sponsorship at SRI was the early funding of the [[Stargate Project]]. In April 1972 [[Russell Targ]] met CIA personnel from the [[Office of Scientific Intelligence]] and described Soviet psychokinesis films and people who had documented Soviet investigations. The Office of Scientific Intelligence then contacted ORD and OTS.[^24] Kress, a physicist then working as a covert employee, wrote in 1977 that in August 1972 an OTS project officer contracted for a demonstration at [[Stanford Research Institute]] (SRI) for $874, with one OTS and one ORD representative present, and that the subject described objects hidden from him by CIA personnel. The Director of OTS reviewed the data and approved another $2,500 work order. Kress wrote: "By October, 1972, I was the Project Officer," for an OTS-funded expanded effort of $50,000 in parapsychology under OTS Contract 8473 of October 1, 1972.[^24] The OTS chronology records that under the October 1972 contract the two subjects produced inconsistent results, one able to change a temperature and the other to reproduce information in a sealed envelope.[^25] Kress wrote that he "began to have serious feelings of being involved with a fraud."[^24]
In February 1973 ORD sent new project officers to SRI, and ORD then asked for an increase in the scope of the effort and transferred funds to OTS, which the chronology records as the point at which the project became a joint OTS and ORD effort. The chronology dates the discovery of a third subject, Pat Price, to March 1973.[^24][^25]
A 1973 memorandum, DD/S&T 3697-73, from [[Carl Duckett]], the Deputy Director for Science and Technology, to the Director of Central Intelligence recommended that the investigation of paranormal perception be carried out at SRI as a jointly funded ORD and OTS project at a cost of $149,555. It proposed that about 50 percent of the effort go to the operational use of "gifted" individuals, 20 percent to characteristics identifying such subjects, 20 percent to neurophysiological correlates and 10 percent to validation. Its first page is stamped December 5, 1973, and its approval block is for [[William Colby]] as Director.[^26] A companion version over the signatures of John N. McMahon, Director of the Office of Technical Service, and [[Sayre Stevens]], Director of the Office of Research and Development, was addressed to the Deputy Director for Science and Technology and describes the objectives as twofold.[^27] Both versions called the work a tightly directed advanced research project, recommended a secret-level contract, and listed the risks as embarrassment at being involved in an assumed fraud, adverse propaganda over psychic mind-altering or control techniques, and the questionable stability of some subjects. They said open association with the CIA would be deleterious to the careers of the investigators and the credibility of the institute.[^26][^27]
A 1973 memorandum, DD/S&T 3697-73, from [[Carl Duckett]], the Deputy Director for Science and Technology, to the Director of Central Intelligence recommended that the investigation of paranormal perception be carried out at SRI as a jointly funded ORD and OTS project at a cost of $149,555. It proposed that about 50 percent of the effort go to the operational use of "gifted" individuals, 20 percent to characteristics identifying such subjects, 20 percent to neurophysiological correlates and 10 percent to validation. Its first page is stamped December 5, 1973, and its approval block is for [[William Colby]] as Director.[^28] A companion version over the signatures of John N. McMahon, Director of the Office of Technical Service, and [[Sayre Stevens]], Director of the Office of Research and Development, was addressed to the Deputy Director for Science and Technology and describes the objectives as twofold.[^29] Both versions called the work a tightly directed advanced research project, recommended a secret-level contract, and listed the risks as embarrassment at being involved in an assumed fraud, adverse propaganda over psychic mind-altering or control techniques, and the questionable stability of some subjects. They said open association with the CIA would be deleterious to the careers of the investigators and the credibility of the institute.[^28][^29]
Kress wrote that OTS "was then being investigated for involvement in the Watergate affair" when he was told in 1973 to stop expanding the work. Colby, then Deputy Director for Operations, decided on April 24 that the Executive Management Committee should review the project, and the approval memorandum went to Director [[James R. Schlesinger]] in May 1973; the OTS chronology records that the contract was sent to Schlesinger in May, who allowed the existing contract to be completed without a follow-on, and that OTS was told the work was too sensitive and potentially embarrassing.[^24][^25] During the summer of 1973 SRI continued working informally with an Office of Scientific Intelligence officer on a remote viewing experiment, and the chronology states that its results persuaded the new Director of Central Intelligence, Colby, to renew work on ESP.[^25] A jointly funded ORD and OTS program was begun in February 1974. Kress wrote that the OTS funds were to evaluate the operational utility of psychic subjects "without regard to the detailed understanding of paranormal functioning."[^24] The chronology adds that disagreements developed among ORD, OTS and the contractor: ORD wanted strict experimental procedures, OTS wanted practical applications, the contractor wanted fewer security constraints, and ORD and OTS reached different interpretations of the same data. New directors were named to both offices, and neither director felt comfortable with the project.[^25]
@ -193,31 +193,31 @@ Kress also records an OTS challenge to "do something of genuine operational sign
Kress wrote that ORD project officers judged the research "not productive or even competent" and dropped research support to SRI, that the Director of OTS felt the OTS charter would not support research so that all Agency funding in paranormal research stopped, and that a personal services contract with Price was started, with testing and evaluation of Price transferred to an OTS operations psychologist.[^24] The OTS chronology records that responsibility passed to an OTS psychologist who was told to devote no more than two percent of his time to the work, and that two OTS staff officers who had also demonstrated "remote viewing" ability worked with him.[^25]
In the fall of 1974 several OTS engineers who had become aware of the project volunteered to attempt remote viewing, and passed initial tests at SRI with some apparent successes. Kress chose a Libyan Desk requirement to test them further; the Libyan Desk officer was immediately impressed and told Kress that an agent had reported essentially the same story. The OTS psychologist passed a second set of Libyan coordinates to Price, who returned a description of a guerrilla training site and an underwater sabotage training facility several hundred kilometers away on the coast. Kress wrote that Price "died of a heart attack a few days later," and that the program stopped.[^24] On February 20, 1976 Brandwein, as Director of OTS, wrote to the Director of Research and Development: "I directed that OTS support of this effort be terminated. I continue to believe that it would be inappropriate for us to continue it; however, if ORD desires to pick it up, be my guest."[^28] On October 7, 1976 he wrote, after seeing the minutes of the September 20, 1976 meeting of the Research and Development Subcommittee of the Human Resources Committee at which OTS personnel had briefed on past support, that "OTS will not support any further research in parapsychology."[^29] Kress closed his article: "This is not to say that parapsychology is a proven intelligence tool; it is to say that the evaluation is not yet complete and more research is needed."[^24]
In the fall of 1974 several OTS engineers who had become aware of the project volunteered to attempt remote viewing, and passed initial tests at SRI with some apparent successes. Kress chose a Libyan Desk requirement to test them further; the Libyan Desk officer was immediately impressed and told Kress that an agent had reported essentially the same story. The OTS psychologist passed a second set of Libyan coordinates to Price, who returned a description of a guerrilla training site and an underwater sabotage training facility several hundred kilometers away on the coast. Kress wrote that Price "died of a heart attack a few days later," and that the program stopped.[^24] On February 20, 1976 Brandwein, as Director of OTS, wrote to the Director of Research and Development: "I directed that OTS support of this effort be terminated. I continue to believe that it would be inappropriate for us to continue it; however, if ORD desires to pick it up, be my guest."[^30] On October 7, 1976 he wrote, after seeing the minutes of the September 20, 1976 meeting of the Research and Development Subcommittee of the Human Resources Committee at which OTS personnel had briefed on past support, that "OTS will not support any further research in parapsychology."[^31] Kress closed his article: "This is not to say that parapsychology is a proven intelligence tool; it is to say that the evaluation is not yet complete and more research is needed."[^24]
Price's death is recorded in the CIA's files as follows. The OTS chronology of 1977 has an undated entry, "Before a meeting can be set up, however, Mr. Price dies of a heart attack," followed by entries for September and October 1975, the latter reading "Mr. Price's death effectively ends all official OTS involvement in ESP research."[^25] [[John L. Wilhelm]]'s article of August 7, 1977 refers to "Pat Price, who died two years ago."[^30] An information paper of April 13, 1979 (DAMI-ISH) states: "In July 1975, Libyan coordinates were provided to Price, who came back with a description of a guerrilla training site," and that "the same month Price tragically died of a heart attack."[^31] Admiral Turner is quoted as saying at a breakfast for journalists in 1977 that "this subject died in 1975."[^32] The July 16, 1986 memorandum of the Office of Research and Development states: "Since Pat died in 1977."[^23]
Price's death is recorded in the CIA's files as follows. The OTS chronology of 1977 has an undated entry, "Before a meeting can be set up, however, Mr. Price dies of a heart attack," followed by entries for September and October 1975, the latter reading "Mr. Price's death effectively ends all official OTS involvement in ESP research."[^25] [[John L. Wilhelm]]'s article of August 7, 1977 refers to "Pat Price, who died two years ago."[^32] An information paper of April 13, 1979 (DAMI-ISH) states: "In July 1975, Libyan coordinates were provided to Price, who came back with a description of a guerrilla training site," and that "the same month Price tragically died of a heart attack."[^33] Admiral Turner is quoted as saying at a breakfast for journalists in 1977 that "this subject died in 1975."[^34] The July 16, 1986 memorandum of the Office of Research and Development states: "Since Pat died in 1977."[^23]
### The police memorandum
An undated memorandum for the record headed "Operational Use of Paranormals in Police Activities," written by an OTS officer whose name is redacted, reports that two paranormal subjects tested at SRI had produced impressive data on two police cases, the [[Patricia Hearst]] kidnapping and a [[Stanford University]] student homicide. The memorandum says the homicide data was generated spontaneously in an uncontrolled field environment and was witnessed by an OTS officer, and that an evaluation was attached in the form of interviews with the district attorney's office and the police officer in charge of the homicide case. It states that "even the appearance of CIA involvement with domestic police operations is a political explosive association," which had kept the writer from verifying the SRI claims directly.[^33]
An undated memorandum for the record headed "Operational Use of Paranormals in Police Activities," written by an OTS officer whose name is redacted, reports that two paranormal subjects tested at SRI had produced impressive data on two police cases, the [[Patricia Hearst]] kidnapping and a [[Stanford University]] student homicide. The memorandum says the homicide data was generated spontaneously in an uncontrolled field environment and was witnessed by an OTS officer, and that an evaluation was attached in the form of interviews with the district attorney's office and the police officer in charge of the homicide case. It states that "even the appearance of CIA involvement with domestic police operations is a political explosive association," which had kept the writer from verifying the SRI claims directly.[^35]
### Wilhelm, the 1977 publicity and the House Intelligence Committee
Wilhelm, a former [[Time (magazine)|Time]] reporter, wrote to the president of SRI in 1974 asking to interview [[Hal Puthoff]] and Targ. A CIA memorandum for the record of April 16, 1974 describes him as a former Time reporter, records that Puthoff telephoned the CIA about the request, and that the SRI investigators would grant the interview and confine the discussions to "the innocuous portions of their studies."[^34] On August 7, 1977 the [[Washington Post]] published "[[Psychic Spying]]?" by Wilhelm, identified in the article as a former national science correspondent for Time magazine and the author of "The Search for Superman," on the military potential of parapsychology.[^30] The [[House Permanent Select Committee on Intelligence]] asked the CIA for a briefing. On November 16, 1977 OTS briefed the committee's staff, with Brandwein attending, giving a short oral history of OTS efforts in the field, "dating back to 1961," and left a written outline of the work, an unclassified article on the research at SRI, and "a brief article on Mr. Pat Price."[^35] Turner, the Director of Central Intelligence, had earlier referred to Price in remarks to reporters.[^2]
Wilhelm, a former [[Time (magazine)|Time]] reporter, wrote to the president of SRI in 1974 asking to interview [[Hal Puthoff]] and Targ. A CIA memorandum for the record of April 16, 1974 describes him as a former Time reporter, records that Puthoff telephoned the CIA about the request, and that the SRI investigators would grant the interview and confine the discussions to "the innocuous portions of their studies."[^36] On August 7, 1977 the [[Washington Post]] published "[[Psychic Spying]]?" by Wilhelm, identified in the article as a former national science correspondent for Time magazine and the author of "The Search for Superman," on the military potential of parapsychology.[^32] The [[House Permanent Select Committee on Intelligence]] asked the CIA for a briefing. On November 16, 1977 OTS briefed the committee's staff, with Brandwein attending, giving a short oral history of OTS efforts in the field, "dating back to 1961," and left a written outline of the work, an unclassified article on the research at SRI, and "a brief article on Mr. Pat Price."[^37] Turner, the Director of Central Intelligence, had earlier referred to Price in remarks to reporters.[^2]
### Scientology
The article on Price left with the committee, described by OTS in its memorandum of November 17, 1977, gives Price as the newly appointed president of the [[Princess Coal Company]] in Huntington, [[West Virginia]]. It states that he credits [[Scientology]] for "opening new vistas and abilities of self to me and which I now use as a matter of fact."[^35] Wilhelm wrote in the Washington Post that Puthoff "is a high-ranking Scientologist," that Price "also was a high-level 'Operating Thetan,'" and that the involvement of Scientologists in the tests at SRI "partially accounts for at least two government agencies pulling back from funding further work there."[^30] Time on March 4, 1974 described Puthoff as "also a promoter of the bizarre and controversial cult of Scientology," and the [[New Scientist]] of October 17, 1974 wrote that Puthoff "is now a Scientologist (as is Ingo Swann)."[^36][^37]
The article on Price left with the committee, described by OTS in its memorandum of November 17, 1977, gives Price as the newly appointed president of the [[Princess Coal Company]] in Huntington, [[West Virginia]]. It states that he credits [[Scientology]] for "opening new vistas and abilities of self to me and which I now use as a matter of fact."[^37] Wilhelm wrote in the Washington Post that Puthoff "is a high-ranking Scientologist," that Price "also was a high-level 'Operating Thetan,'" and that the involvement of Scientologists in the tests at SRI "partially accounts for at least two government agencies pulling back from funding further work there."[^32] Time on March 4, 1974 described Puthoff as "also a promoter of the bizarre and controversial cult of Scientology," and the [[New Scientist]] of October 17, 1974 wrote that Puthoff "is now a Scientologist (as is Ingo Swann)."[^38][^39]
### Watergate
In July 1971 [[E. Howard Hunt]], then a White House security consultant, went to the CIA to ask for alias identification and some degree of physical disguise for a one-time operation. On July 22, 1971 he visited [[Robert E. Cushman Jr.|General Robert E. Cushman]], the Deputy Director of Central Intelligence, who had earlier received a call from [[John Ehrlichman]] about Hunt. Cushman directed the appropriate technical service to help. On July 23 Hunt received alias documents in the name "Edward Joseph Warren," a wig, glasses and a speech alteration device. He then arranged several meetings with technical officers through an unlisted telephone number, and received a commercial tape recorder in a typewriter case and a commercial Tessina camera disguised in a tobacco pouch. Hunt also brought in an associate, later identified from press photographs as [[G. Gordon Liddy]], and secured for him a disguise (a wig and glasses) and alias documents in the name "George F. Leonard."[^38]
In July 1971 [[E. Howard Hunt]], then a White House security consultant, went to the CIA to ask for alias identification and some degree of physical disguise for a one-time operation. On July 22, 1971 he visited [[Robert E. Cushman Jr.|General Robert E. Cushman]], the Deputy Director of Central Intelligence, who had earlier received a call from [[John Ehrlichman]] about Hunt. Cushman directed the appropriate technical service to help. On July 23 Hunt received alias documents in the name "Edward Joseph Warren," a wig, glasses and a speech alteration device. He then arranged several meetings with technical officers through an unlisted telephone number, and received a commercial tape recorder in a typewriter case and a commercial Tessina camera disguised in a tobacco pouch. Hunt also brought in an associate, later identified from press photographs as [[G. Gordon Liddy]], and secured for him a disguise (a wig and glasses) and alias documents in the name "George F. Leonard."[^40]
The technical officers raised their concern with senior officers. On August 27, 1971 Cushman telephoned Ehrlichman to say that further assistance could not be given, and the request for a New York mail address and telephone answering service was not honored. The Tessina camera was returned on August 27 as unsuitable. The Technical Services Division had no further association with Hunt after the end of August 1971. The break-in of the office of [[Lewis Fielding]], the psychiatrist of [[Daniel Ellsberg]], took place on or about September 3, 1971.[^38]
The technical officers raised their concern with senior officers. On August 27, 1971 Cushman telephoned Ehrlichman to say that further assistance could not be given, and the request for a New York mail address and telephone answering service was not honored. The Tessina camera was returned on August 27 as unsuitable. The Technical Services Division had no further association with Hunt after the end of August 1971. The break-in of the office of [[Lewis Fielding]], the psychiatrist of [[Daniel Ellsberg]], took place on or about September 3, 1971.[^40]
On May 11, 1973 James R. Schlesinger told the [[House Armed Services Committee]]'s Special Subcommittee on Intelligence that the CIA had outlined these events to the acting director of the [[Federal Bureau of Investigation|FBI]] in letters of July 5 and 7, 1972, and he offered the part of Hunt's testimony that bore on his CIA involvement for the record.[^38]
On May 11, 1973 James R. Schlesinger told the [[House Armed Services Committee]]'s Special Subcommittee on Intelligence that the CIA had outlined these events to the acting director of the [[Federal Bureau of Investigation|FBI]] in letters of July 5 and 7, 1972, and he offered the part of Hunt's testimony that bore on his CIA involvement for the record.[^40]
The [[Senate Watergate Committee]] took executive session testimony in February 1974 from a TSD technician, the Deputy Chief of the TSD and the Chief of the TSD.[^39] The staff report appended to Senator [[Howard Baker]]'s views states that the CIA's assistance to Hunt began on July 22, 1971, that the sequence of events produced "a wealth of conflicting testimony among CIA officials," and that a TSD technician testified that Hunt told him early in August that he would be introducing a second man, whereas CIA officials had said Hunt introduced Liddy unannounced late in August.[^39] It states that a memorandum of the TSD technician dated August 27, 1971 showed that Hunt's request for a New York telephone answering service was about to be implemented, and that the CIA kept a file on Hunt's activities entitled "Mr. Edward" outside the normal filing system, with a restricted-access "bigot list" for his activities.[^40] It states that testimony indicated that film developed for Hunt and Liddy was of Fielding's office, that a CIA supervisory official who reviewed it ordered one photograph blown up, and that the enlargement showed Fielding's name in the parking lot; the same report records that the official denied telling his superiors that he blew up a photograph or that it showed Fielding's name, and that Cushman and his assistant denied ever having been told about the content of the photographs.[^41] It states that testimony showed the technician dealing with Hunt was ordered to cut off all support only after the photographs were developed and examined, and that public CIA testimony claiming "no contact whatsoever with Mr. Hunt subsequent to 31 August, 1971" was contradicted by recent testimony and documents indicating extensive contact after that date.[^41] The Senate committee's final report states that Hunt obtained a driver's license, a wig and a speech-altering device after a meeting with Cushman on July 22, 1971.[^42]
The [[Senate Watergate Committee]] took executive session testimony in February 1974 from a TSD technician, the Deputy Chief of the TSD and the Chief of the TSD.[^41] The staff report appended to Senator [[Howard Baker]]'s views states that the CIA's assistance to Hunt began on July 22, 1971, that the sequence of events produced "a wealth of conflicting testimony among CIA officials," and that a TSD technician testified that Hunt told him early in August that he would be introducing a second man, whereas CIA officials had said Hunt introduced Liddy unannounced late in August.[^41] It states that a memorandum of the TSD technician dated August 27, 1971 showed that Hunt's request for a New York telephone answering service was about to be implemented, and that the CIA kept a file on Hunt's activities entitled "Mr. Edward" outside the normal filing system, with a restricted-access "bigot list" for his activities.[^42] It states that testimony indicated that film developed for Hunt and Liddy was of Fielding's office, that a CIA supervisory official who reviewed it ordered one photograph blown up, and that the enlargement showed Fielding's name in the parking lot; the same report records that the official denied telling his superiors that he blew up a photograph or that it showed Fielding's name, and that Cushman and his assistant denied ever having been told about the content of the photographs.[^43] It states that testimony showed the technician dealing with Hunt was ordered to cut off all support only after the photographs were developed and examined, and that public CIA testimony claiming "no contact whatsoever with Mr. Hunt subsequent to 31 August, 1971" was contradicted by recent testimony and documents indicating extensive contact after that date.[^43] The Senate committee's final report states that Hunt obtained a driver's license, a wig and a speech-altering device after a meeting with Cushman on July 22, 1971.[^44]
---
@ -246,20 +246,22 @@ The [[Senate Watergate Committee]] took executive session testimony in February
[^23]: Memorandum ORD-0733-86, from ACS/ORD to the Director of Research and Development, "SRI/DIA Request for Parapsychological Data," July 16, 1986, CIA-RDP96-00787R000200020040-6. Read in the page image: "The other requested data has been destroyed or has receeded into the mists of OTS archives" and, on page 1, "Since Pat died in 1977."
[^24]: Kress, Kenneth A., "Parapsychology in Intelligence: A Personal Review and Conclusions," *Studies in Intelligence*, vol. 21, no. 4, Winter 1977, CIA-RDP96-00791R000200030040-0 (declassified 1996), with its notes (S. I. Abrams, "Extrasensory Perception," draft report, December 14, 1965; Office of Technical Service Contract 8473, October 1, 1972).
[^25]: Memorandum for the record, OTS/BAB Memo #287-77, "Briefing for House Permanent Select Committee re OTS Involvement in ESP Research," November 17, 1977, with its attached chronology "OTS Involvement in ESP Research," CIA-RDP96-00787R000500170001-0, pp. 3-4 of the chronology.
[^26]: Memorandum, DD/S&T 3697-73, from Carl E. Duckett, Deputy Director for Science and Technology, to the Director of Central Intelligence, "Office of Research and Development and Office of Technical Service Paranormal Perception Research Project," 1973, CIA-RDP96-00787R000200210003-6. The approval block reads "W.E. Colby, Director."
[^27]: Memorandum, McMahon and Stevens to the Deputy Director for Science and Technology, same subject, CIA-RDP96-00787R000200200031-6 (also CIA-RDP96-00787R000700110005-0).
[^28]: Memorandum, David S. Brandwein, Director, Office of Technical Service, to the Director of Research and Development, "Stanford Research Institute Parapsychology Research," February 20, 1976, CIA-RDP96-00787R000200090005-8 (also CIA-RDP96-00787R000700090012-5).
[^29]: Memorandum, David S. Brandwein, "OTS Support to Research in Parapsychology," October 7, 1976, CIA-RDP96-00787R000200020016-3.
[^30]: Wilhelm, John L., "Psychic Spying? The CIA, the Pentagon and the Russians Probe the Military Potential of Parapsychology," *Washington Post*, August 7, 1977, Outlook section, pp. 1-5 (CIA-RDP96-00788R001700360003-3, enclosure; the section is given as Outlook in the bibliographies of Kress, CIA-RDP96-00791R000200030040-0, and of May, CIA-RDP96-00787R000100250012-3, while OTS/BAB Memo #287-77 calls it the Parade Section). Quotations are Wilhelm's.
[^31]: Information paper, DAMI-ISH, "GRILL FLAME (U)," April 13, 1979, CIA-RDP96-00788R001200210002-5, para. 1(7)-(8).
[^32]: Zarbo, Michael E. (Captain, U.S. Army), *Remote Viewing: Parapsychological Potential for Intelligence Collection?*, master's thesis, Defense Intelligence College, November 1992, CIA-RDP96-00789R002600250001-6, quoting Turner.
[^33]: Memorandum for the record, "Operational Use of Paranormals in Police Activities," undated, author redacted, Office of Technical Service, CIA-RDP96-00787R000200130013-4.
[^34]: Memorandum for the record, "Request for Information about Stanford Research Institute (SRI) Paranormal Research Project by Mr. Wilhelm former Time Reporter," April 16, 1974, CIA-RDP96-00787R000200200023-5.
[^35]: Memorandum for the record, OTS/BAB Memo #287-77, "Briefing for House Permanent Select Committee re OTS Involvement in ESP Research," November 17, 1977, CIA-RDP96-00787R000500170001-0 and CIA-RDP96-00787R000200020020-8, para. 2-5, with its attached article on Patrick Price.
[^36]: "Boom Times on the Psychic Frontier," *Time*, vol. 103, no. 9, March 4, 1974, cover story, CIA-RDP96-00787R000700030001-3.
[^37]: Joseph Hanlon, "Uri Geller and Science," *New Scientist*, October 17, 1974, CIA-RDP96-00787R000200090024-7.
[^38]: U.S. House of Representatives, Committee on Armed Services, Special Subcommittee on Intelligence, *Inquiry into the Alleged Involvement of the Central Intelligence Agency in the Watergate and Ellsberg Matters*, 93rd Cong., hearings of May 11, 1973 and after (published 1976), statement of Dr. James R. Schlesinger, May 11, 1973, pp. 1-3, and testimony of General Robert E. Cushman, Jr. Copy at archive.org/details/InquiryIntoTheAllegedInvolvementOfCIAInTheWatergateAndEllsbergMatters. The hearing index lists a statement by James McCord, a former CIA employee, at p. 411 and Hunt's testimony at p. 471.
[^39]: U.S. Senate, Select Committee on Presidential Campaign Activities, *Final Report*, S. Rept. 93-981 (June 1974), "Appendix to Views of Senator Baker: Summary of Highlights of Investigation of CIA Activity in Watergate Incident," pp. 1135-1138, citing the executive session testimony of TSD Technician #1 (February 5 and 6, 1974), the Deputy Chief, TSD (February 5, 1974) and the Chief, TSD (February 5, 1974). https://archive.org/details/WatergateErvinCommitteeReport
[^40]: S. Rept. 93-981, Baker appendix, pp. 1138-1139.
[^41]: S. Rept. 93-981, Baker appendix, pp. 1139-1141.
[^42]: S. Rept. 93-981, p. 119 (Hunt's request for an alias, false documents or disguise; Cushman's testimony of the July 7, 1971 call from Ehrlichman; the disguise materials after the July 22, 1971 meeting).
[^26]: "Government Sponsored Research in Psychoenergetics," CIA report, dated February 1989, CIA-RDP96-00789R002200440001-9, https://archive.org/details/cia-readingroom-document-cia-rdp96-00789r002200440001-9.
[^27]: Michael E. Zarbo, Captain, US Army, "Remote Viewing: Parapsychological Potential for Intelligence Collection?" thesis, Defense Intelligence College, November 1992, CIA-RDP96-00789R002600250001-6, https://archive.org/details/cia-readingroom-document-cia-rdp96-00789r002600250001-6.
[^28]: Memorandum, DD/S&T 3697-73, from Carl E. Duckett, Deputy Director for Science and Technology, to the Director of Central Intelligence, "Office of Research and Development and Office of Technical Service Paranormal Perception Research Project," 1973, CIA-RDP96-00787R000200210003-6. The approval block reads "W.E. Colby, Director."
[^29]: Memorandum, McMahon and Stevens to the Deputy Director for Science and Technology, same subject, CIA-RDP96-00787R000200200031-6 (also CIA-RDP96-00787R000700110005-0).
[^30]: Memorandum, David S. Brandwein, Director, Office of Technical Service, to the Director of Research and Development, "Stanford Research Institute Parapsychology Research," February 20, 1976, CIA-RDP96-00787R000200090005-8 (also CIA-RDP96-00787R000700090012-5).
[^31]: Memorandum, David S. Brandwein, "OTS Support to Research in Parapsychology," October 7, 1976, CIA-RDP96-00787R000200020016-3.
[^32]: Wilhelm, John L., "Psychic Spying? The CIA, the Pentagon and the Russians Probe the Military Potential of Parapsychology," *Washington Post*, August 7, 1977, Outlook section, pp. 1-5 (CIA-RDP96-00788R001700360003-3, enclosure; the section is given as Outlook in the bibliographies of Kress, CIA-RDP96-00791R000200030040-0, and of May, CIA-RDP96-00787R000100250012-3, while OTS/BAB Memo #287-77 calls it the Parade Section). Quotations are Wilhelm's.
[^33]: Information paper, DAMI-ISH, "GRILL FLAME (U)," April 13, 1979, CIA-RDP96-00788R001200210002-5, para. 1(7)-(8).
[^34]: Zarbo, Michael E. (Captain, U.S. Army), *Remote Viewing: Parapsychological Potential for Intelligence Collection?*, master's thesis, Defense Intelligence College, November 1992, CIA-RDP96-00789R002600250001-6, quoting Turner.
[^35]: Memorandum for the record, "Operational Use of Paranormals in Police Activities," undated, author redacted, Office of Technical Service, CIA-RDP96-00787R000200130013-4.
[^36]: Memorandum for the record, "Request for Information about Stanford Research Institute (SRI) Paranormal Research Project by Mr. Wilhelm former Time Reporter," April 16, 1974, CIA-RDP96-00787R000200200023-5.
[^37]: Memorandum for the record, OTS/BAB Memo #287-77, "Briefing for House Permanent Select Committee re OTS Involvement in ESP Research," November 17, 1977, CIA-RDP96-00787R000500170001-0 and CIA-RDP96-00787R000200020020-8, para. 2-5, with its attached article on Patrick Price.
[^38]: "Boom Times on the Psychic Frontier," *Time*, vol. 103, no. 9, March 4, 1974, cover story, CIA-RDP96-00787R000700030001-3.
[^39]: Joseph Hanlon, "Uri Geller and Science," *New Scientist*, October 17, 1974, CIA-RDP96-00787R000200090024-7.
[^40]: U.S. House of Representatives, Committee on Armed Services, Special Subcommittee on Intelligence, *Inquiry into the Alleged Involvement of the Central Intelligence Agency in the Watergate and Ellsberg Matters*, 93rd Cong., hearings of May 11, 1973 and after (published 1976), statement of Dr. James R. Schlesinger, May 11, 1973, pp. 1-3, and testimony of General Robert E. Cushman, Jr. Copy at archive.org/details/InquiryIntoTheAllegedInvolvementOfCIAInTheWatergateAndEllsbergMatters. The hearing index lists a statement by James McCord, a former CIA employee, at p. 411 and Hunt's testimony at p. 471.
[^41]: U.S. Senate, Select Committee on Presidential Campaign Activities, *Final Report*, S. Rept. 93-981 (June 1974), "Appendix to Views of Senator Baker: Summary of Highlights of Investigation of CIA Activity in Watergate Incident," pp. 1135-1138, citing the executive session testimony of TSD Technician #1 (February 5 and 6, 1974), the Deputy Chief, TSD (February 5, 1974) and the Chief, TSD (February 5, 1974). https://archive.org/details/WatergateErvinCommitteeReport
[^42]: S. Rept. 93-981, Baker appendix, pp. 1138-1139.
[^43]: S. Rept. 93-981, Baker appendix, pp. 1139-1141.
[^44]: S. Rept. 93-981, p. 119 (Hunt's request for an alias, false documents or disguise; Cushman's testimony of the July 7, 1971 call from Ehrlichman; the disguise materials after the July 22, 1971 meeting).

View file

@ -15,7 +15,7 @@ summary: "Municipal police force of Philadelphia, created by the Act of Consolid
start: 1854
location: "Philadelphia, Pennsylvania"
created: 2026-09-23
updated: 2026-09-23
updated: 2026-10-15
relations:
- type: head_of
with: "[[Frank Rizzo]]"
@ -36,14 +36,14 @@ relations:
role: "police commissioner"
start: 2020-02
end: 2023-09-22
fn: 8
fn: 9
- type: head_of
with: "[[John M. Stanford Jr.]]"
reverse: true
role: "interim police commissioner"
start: 2023-09-22
end: 2024-01-02
fn: 9
fn: 10
- type: investigated
with: "[[Olney House Investigation]]"
start: 2026-06-19
@ -51,7 +51,7 @@ relations:
- type: investigated
with: "[[Eugene Horsch]]"
start: 2013
fn: 12
fn: 13
---
The Philadelphia Police Department is the municipal police force of [[Philadelphia]]. It was created by the Act of Consolidation of 1854, which united the city and county under a single government. Since June 2026 it has conducted, with the [[Federal Bureau of Investigation|FBI]], the [[Olney House Investigation]] into women connected to the house of the pornographer [[R.C. Horsch]] and his son [[Eugene Horsch]] on West Chew Avenue.[^1][^2]
@ -74,21 +74,23 @@ In 1978 police surrounded the [[Powelton Village]] base of the group [[MOVE]] to
Commissioner [[Gregore J. Sambor]], a military veteran, had been ordered by Goode to prepare the tactical plan and delegated it to three officers. The plan called for tear gas to be fired into the house and for "a satchel of explosives" to be dropped on a rooftop bunker; Sambor admitted that he "had no backup plan if the tear gas didn't work." When the fire started he allowed it to burn. The MOVE Commission found that the three officers had prepared the plan "hastily and without sufficient information or adequate intelligence." Sambor retired six months later, and gave no interviews afterward except when compelled to testify in a federal case in 1996. "I was told any possibility for injury or death inside the bunker was minimal," he said.[^5]
The Philadelphia Special Investigation Commission found that Sambor chose as planners the head of the Bomb Disposal Unit, a sergeant from the pistol range and a uniformed patrolman, excluding the command structure of the department, and that no written plan was sought or received. The commission found that police fired more than 10,000 rounds in under 90 minutes, that the Police Commissioner and the Fire Commissioner decided between 6:08 and 6:12 P.M. to let the bunker burn, and that the deaths of the five children "appear to be unjustified homicides which should be investigated by a grand jury." Its Finding 21 records that in January 1985 an agent of the Federal Bureau of Investigation's Philadelphia office delivered nearly 38 pounds of C-4 to the police bomb squad, that neither agency kept a record of the transaction, and that FBI officials "unwittingly furnished the Commission with inaccurate and untruthful accounts" of the bureau's involvement.[^6]
In the [[39th District]] scandal, officers were accused of "systematically robbing, beating, and framing suspects in drug cases"; ten were imprisoned and about four million dollars was paid in settlements. In March 2015 the [[Department of Justice|Justice Department]] criticized the department for a "lack of transparency" in use-of-force cases.[^1]
### Commissioners Since 2008
[[Charles H. Ramsey]], a former chief of police of [[Washington, D.C.]], was appointed by Mayor [[Michael Nutter]] and was commissioner from January 2008 to January 2016; he promoted [[Kevin Bethel]] to deputy commissioner for patrol operations in 2009.[^6][^7] [[Danielle Outlaw]], who had become chief of police in [[Portland, Oregon]], in 2017, was sworn in in February 2020 as the first Black woman to lead the department. She left on September 22, 2023, to become a deputy security chief at the [[Port Authority of New York and New Jersey]], and her top deputy, [[John M. Stanford Jr.]], was named interim commissioner.[^8] Mayor [[Jim Kenney]] appointed Stanford on September 22, 2023, and named [[Frank Vanore]], who had joined the department in 1990, interim first deputy commissioner.[^9] Bethel, who had joined the force in 1986 and retired in 2016, was sworn in as commissioner on January 2, 2024.[^7]
[[Charles H. Ramsey]], a former chief of police of [[Washington, D.C.]], was appointed by Mayor [[Michael Nutter]] and was commissioner from January 2008 to January 2016; he promoted [[Kevin Bethel]] to deputy commissioner for patrol operations in 2009.[^7][^8] [[Danielle Outlaw]], who had become chief of police in [[Portland, Oregon]], in 2017, was sworn in in February 2020 as the first Black woman to lead the department. She left on September 22, 2023, to become a deputy security chief at the [[Port Authority of New York and New Jersey]], and her top deputy, [[John M. Stanford Jr.]], was named interim commissioner.[^9] Mayor [[Jim Kenney]] appointed Stanford on September 22, 2023, and named [[Frank Vanore]], who had joined the department in 1990, interim first deputy commissioner.[^10] Bethel, who had joined the force in 1986 and retired in 2016, was sworn in as commissioner on January 2, 2024.[^8]
### Narcotics Bureau and the Nordo Cases
An Internal Affairs report of August 2018 found that, from a meeting in May 2017 called by Inspector [[Raymond Evers]] and Chief Inspector Anthony Boyle, the Narcotics Bureau had developed a practice of running low-level arrestees as informants off the books, falsifying paperwork and withholding information from the [[Philadelphia District Attorney's Office]].[^10] The former homicide detective [[Philip Nordo]], dismissed in 2017, was convicted on June 1, 2022, of rape, sexual assault, stalking, and other offenses, and the district attorney's Conviction Integrity Unit reviewed about 62 homicide convictions in which he had been involved.[^11]
An Internal Affairs report of August 2018 found that, from a meeting in May 2017 called by Inspector [[Raymond Evers]] and Chief Inspector Anthony Boyle, the Narcotics Bureau had developed a practice of running low-level arrestees as informants off the books, falsifying paperwork and withholding information from the [[Philadelphia District Attorney's Office]].[^11] The former homicide detective [[Philip Nordo]], dismissed in 2017, was convicted on June 1, 2022, of rape, sexual assault, stalking, and other offenses, and the district attorney's Conviction Integrity Unit reviewed about 62 homicide convictions in which he had been involved.[^12]
### The Horsch Cases
In 2013 the department found about 1.9 million dollars' worth of marijuana in the house on West Chew Avenue in [[Olney, Philadelphia|Olney]], and Eugene Horsch was sentenced to four to eight years. After a fire at the house on May 18, 2025, a fire marshal and a patrolman discovered a marijuana grow and three firearms with destroyed serial numbers.[^12][^13] In December 2014 an assistant United States attorney, [[Elizabeth F. Abrams]], prosecuted a felon-in-possession case investigated by the FBI and the department.[^14]
In 2013 the department found about 1.9 million dollars' worth of marijuana in the house on West Chew Avenue in [[Olney, Philadelphia|Olney]], and Eugene Horsch was sentenced to four to eight years. After a fire at the house on May 18, 2025, a fire marshal and a patrolman discovered a marijuana grow and three firearms with destroyed serial numbers.[^13][^14] In December 2014 an assistant United States attorney, [[Elizabeth F. Abrams]], prosecuted a felon-in-possession case investigated by the FBI and the department.[^15]
Commissioner Bethel, Deputy Commissioner Vanore, and Special Agent in Charge [[Wayne Jacobs]] of the FBI's Philadelphia Field Office said at a briefing on September 16, 2026, that five women shown in material recovered from the house appeared to be dead; on August 12 Inspector Evers had identified [[Gabrielle Amarando]] and [[Maribel Fresses]] as two of them.[^2][^10]
Commissioner Bethel, Deputy Commissioner Vanore, and Special Agent in Charge [[Wayne Jacobs]] of the FBI's Philadelphia Field Office said at a briefing on September 16, 2026, that five women shown in material recovered from the house appeared to be dead; on August 12 Inspector Evers had identified [[Gabrielle Amarando]] and [[Maribel Fresses]] as two of them.[^2][^11]
### Footnotes
@ -97,12 +99,13 @@ Commissioner Bethel, Deputy Commissioner Vanore, and Special Agent in Charge [[W
[^3]: Finkel, Ken. "The Rise of Rizzo," PhillyHistory Blog, City of Philadelphia Department of Records, September 10, 2018. https://blog.phillyhistory.org/index.php/2018/09/the-rise-of-rizzo/
[^4]: "Police to Inspect Building: Cinema 16 Shut Down In License Dispute; Owner Is 'Confused'," *The Philadelphia Inquirer,* October 30, 1969, p. 19. https://www.newspapers.com/image/169186622/
[^5]: Gambacorta, David. "Gregore J. Sambor, police commissioner," *Philadelphia Daily News,* May 6, 2010. https://www.inquirer.com/philly/news/special_packages/dailynews/20100506_Gregore_J__Sambor__police_commissioner.html
[^6]: "Philadelphia Police Commissioner Charles Ramsey, Former D.C. Police Chief, Announces Retirement," *NBC4 Washington,* October 2015; Center for Evidence-Based Crime Policy, George Mason University, "Charles H. Ramsey." https://www.nbcwashington.com/news/local/philadelphia-police-commissioner-charles-ramsey-announces-retirement/69043/ ; https://cebcp.org/hall-of-fame/charles-ramsey/
[^7]: "Kevin J. Bethel sworn in as Philadelphia's newest police commissioner," *The Philadelphia Inquirer,* January 2, 2024, and "Kevin Bethel, Philly's new police commissioner, has a 'strong and direct' style," *The Philadelphia Inquirer,* November 22, 2023. https://www.inquirer.com/crime/kevin-bethel-philadelphia-police-commissioner-sworn-in-20240102.html
[^8]: Palmer, Chris, Anna Orso, and Oona Goodin-Smith. "Danielle Outlaw, Philadelphia Police Commissioner, resigns for a job at Port Authority of New York and New Jersey," *The Philadelphia Inquirer,* September 5, 2023. https://www.inquirer.com/crime/danielle-outlaw-philadephia-police-commissioner-resigns-replacement-20230905.html
[^9]: Office of the Mayor, City of Philadelphia, "Mayor Jim Kenney Appoints John M. Stanford, Jr. as Interim Police Commissioner for the Philadelphia Police Department, Frank Vanore as Interim 1st Deputy Commissioner," September 22, 2023. https://www.phila.gov/2023-09-22-mayor-jim-kenney-appoints-john-m-stanford-jr-as-interim-police-commissioner-for-the-philadelphia-police-department-frank-vanore-as-interim-1st-deputy-commissioner/
[^10]: "Report: Philly narcotics cops faked paperwork to hide informants. Hundreds of cases may be challenged," *The Philadelphia Inquirer,* January 13, 2019; Rushing, Ellie, Barbara Laker, Max Marin, and Ryan W. Briggs. "'I knew she was gone': Police say at least two missing women likely killed inside Olney home linked to violent pornography," *The Philadelphia Inquirer,* August 12, 2026. https://www.inquirer.com/news/philadelphia-police-narcotics-drugs-informants-practices-raymond-evers-anthony-boyle-20190113.html ; https://www.inquirer.com/news/eugene-horsch-murder-missing-women-20260812.html
[^11]: Office of the Philadelphia District Attorney, "Former Homicide Detective Philip Nordo Accused of Sexual Assault, Theft Found Guilty on All Counts," press release, June 1, 2022. https://phillyda.org/news/former-homicide-detective-philip-nordo-accused-of-sexual-assault-theft-found-guilty-on-all-counts/
[^12]: "Five takeaways from Philly missing women mystery connected to Raymond and Eugene Horsch," *The Philadelphia Inquirer,* August 4, 2026. https://www.inquirer.com/news/raymond-eugene-horsch-olney-missing-women-20260804.html
[^13]: Marin, Max, Ryan W. Briggs, Ellie Rushing, and Barbara Laker. "Police searched Olney home last summer, but drugs, not missing women, were the focus," *The Philadelphia Inquirer,* July 1, 2026. https://www.inquirer.com/news/eugene-raymond-horsch-olney-home-search-guns-drugs-20260701.html
[^14]: United States Attorney's Office, Eastern District of Pennsylvania, "Man Charged With Possession Of A Firearm By A Convicted Felon," press release, December 16, 2014, archived. https://web.archive.org/web/20260524074237/https://www.justice.gov/usao-edpa/pr/man-charged-possession-firearm-convicted-felon
[^6]: Philadelphia Special Investigation Commission, *The Findings, Conclusions and Recommendations of the Philadelphia Special Investigation Commission* (Philadelphia, March 6, 1986), Findings 11, 12, 18, 21, 27 and 29, Special Collections Research Center, Temple University Libraries (published online by *The Philly Declaration*, May 13, 2015), https://phillydeclaration.org/2015/05/13/30-years-later-primary-sources-on-the-move-conflagration/.
[^7]: "Philadelphia Police Commissioner Charles Ramsey, Former D.C. Police Chief, Announces Retirement," *NBC4 Washington,* October 2015; Center for Evidence-Based Crime Policy, George Mason University, "Charles H. Ramsey." https://www.nbcwashington.com/news/local/philadelphia-police-commissioner-charles-ramsey-announces-retirement/69043/ ; https://cebcp.org/hall-of-fame/charles-ramsey/
[^8]: "Kevin J. Bethel sworn in as Philadelphia's newest police commissioner," *The Philadelphia Inquirer,* January 2, 2024, and "Kevin Bethel, Philly's new police commissioner, has a 'strong and direct' style," *The Philadelphia Inquirer,* November 22, 2023. https://www.inquirer.com/crime/kevin-bethel-philadelphia-police-commissioner-sworn-in-20240102.html
[^9]: Palmer, Chris, Anna Orso, and Oona Goodin-Smith. "Danielle Outlaw, Philadelphia Police Commissioner, resigns for a job at Port Authority of New York and New Jersey," *The Philadelphia Inquirer,* September 5, 2023. https://www.inquirer.com/crime/danielle-outlaw-philadephia-police-commissioner-resigns-replacement-20230905.html
[^10]: Office of the Mayor, City of Philadelphia, "Mayor Jim Kenney Appoints John M. Stanford, Jr. as Interim Police Commissioner for the Philadelphia Police Department, Frank Vanore as Interim 1st Deputy Commissioner," September 22, 2023. https://www.phila.gov/2023-09-22-mayor-jim-kenney-appoints-john-m-stanford-jr-as-interim-police-commissioner-for-the-philadelphia-police-department-frank-vanore-as-interim-1st-deputy-commissioner/
[^11]: "Report: Philly narcotics cops faked paperwork to hide informants. Hundreds of cases may be challenged," *The Philadelphia Inquirer,* January 13, 2019; Rushing, Ellie, Barbara Laker, Max Marin, and Ryan W. Briggs. "'I knew she was gone': Police say at least two missing women likely killed inside Olney home linked to violent pornography," *The Philadelphia Inquirer,* August 12, 2026. https://www.inquirer.com/news/philadelphia-police-narcotics-drugs-informants-practices-raymond-evers-anthony-boyle-20190113.html ; https://www.inquirer.com/news/eugene-horsch-murder-missing-women-20260812.html
[^12]: Office of the Philadelphia District Attorney, "Former Homicide Detective Philip Nordo Accused of Sexual Assault, Theft Found Guilty on All Counts," press release, June 1, 2022. https://phillyda.org/news/former-homicide-detective-philip-nordo-accused-of-sexual-assault-theft-found-guilty-on-all-counts/
[^13]: "Five takeaways from Philly missing women mystery connected to Raymond and Eugene Horsch," *The Philadelphia Inquirer,* August 4, 2026. https://www.inquirer.com/news/raymond-eugene-horsch-olney-missing-women-20260804.html
[^14]: Marin, Max, Ryan W. Briggs, Ellie Rushing, and Barbara Laker. "Police searched Olney home last summer, but drugs, not missing women, were the focus," *The Philadelphia Inquirer,* July 1, 2026. https://www.inquirer.com/news/eugene-raymond-horsch-olney-home-search-guns-drugs-20260701.html
[^15]: United States Attorney's Office, Eastern District of Pennsylvania, "Man Charged With Possession Of A Firearm By A Convicted Felon," press release, December 16, 2014, archived. https://web.archive.org/web/20260524074237/https://www.justice.gov/usao-edpa/pr/man-charged-possession-firearm-convicted-felon

View file

@ -6,11 +6,26 @@ tags:
- USA
category: "U.S. Government"
summary: "Sandia National Laboratories is a U.S. national laboratory that conducts research and development in nuclear weapons and other areas."
relations:
- type: contractor_to
with: "[[Lockheed Martin]]"
reverse: true
start: 1993
end: 2017
role: "management of the laboratory through Sandia Corporation, a Lockheed Martin company"
fn: 2
updated: 2026-10-15
start: 1945
location: "Albuquerque, New Mexico"
---
Sandia National Laboratories is a U.S. national laboratory that conducts research and development in nuclear weapons and other areas. By the late 1960s, much of the [[United States]]' primary analysis of nuclear intelligence had shifted to laboratories like Sandia and [[Los Alamos]], where intelligence units dealing with the [[Soviet Union]] and [[China]] had been set up after World War II. These units began monitoring the transfer of nuclear technology and countries viewed as "nth" nations, or near-nuclear countries.[^1]
### Management
From 1993 to 2017 the laboratory was run through Sandia Corporation, which the laboratory's own history describes as "a Lockheed Martin company from 1993-2017." Before that the corporation was a wholly owned subsidiary of Western Electric.[^2] The company's Energy and Environment sector managed the laboratory as part of its [[Department of Energy]] portfolio, and in its 1996 filing the company described the laboratory as a federally funded research and development center with responsibilities for national security programs in defense, energy and the environment.[^3] [[Albert Narath]] was president of Sandia Corporation from April 1989 to August 14, 1995, and then became president and chief operating officer of the company's Energy and Environment sector.[^3] In 2017 management passed to National Technology and Engineering Solutions of Sandia, LLC, a wholly owned subsidiary of [[Honeywell]] International.[^2]
### Footnotes
[^1]: Hersh, Seymour M. *The Samson Option: Israel's Nuclear Arsenal and American Foreign Policy*. Random House, 1991. Chapter 11.
[^1]: Hersh, Seymour M. *The Samson Option: Israel's Nuclear Arsenal and American Foreign Policy*. Random House, 1991. Chapter 11.
[^2]: Sandia National Laboratories, "Sandia's Government Owned/Contractor Operated heritage," https://www.sandia.gov/about/history/goco.html
[^3]: Lockheed Martin Corporation, Form 10-K405 for the fiscal year 1995, filed March 13, 1996, Item 1, Energy and Environment Sector, and Part I, Item 4A, Executive Officers of the Registrant, https://www.sec.gov/Archives/edgar/data/936468/0000950109-96-001535.txt

View file

@ -0,0 +1,256 @@
---
title: Supreme Court of the United States
aliases:
- Supreme Court of the United States
- Supreme Court
- U.S. Supreme Court
- United States Supreme Court
- SCOTUS
category: "U.S. Government"
tags:
- Organization
- USGovernment
- SupremeCourt
- Judiciary
- Secrecy
- StateSecrets
- Wiretaps
- MKUltra
- BankingLaw
- Antitrust
- ObscenityLaw
- TribalGaming
- JudicialNominations
- LeonardLeo
- ClarenceThomas
- AbeFortas
- DOGE
- Epstein
summary: "The highest federal court, whose rulings on state secrets, CIA secrecy agreements, LSD tests on soldiers, wiretaps and the Epstein litigation recur across the vault."
location: "Washington, D.C."
start: 1790-02-01
created: 2026-10-15
updated: 2026-10-15
relations:
- type: member_of
with: "[[Abe Fortas]]"
reverse: true
start: 1965-10-04
end: 1969-05-14
role: "Associate Justice"
fn: 52
- type: member_of
with: "[[William Rehnquist]]"
reverse: true
start: 1971-12-15
role: "Associate Justice, later Chief Justice"
fn: 55
- type: member_of
with: "[[Brett Kavanaugh]]"
reverse: true
start: 2018-10-06
role: "Associate Justice"
fn: 49
- type: subject_of
with: "[[Philip Agee]]"
reverse: true
start: 1981-06-29
fn: 10
- type: subject_of
with: "[[Ghislaine Maxwell]]"
reverse: true
start: 2025-10-06
fn: 45
- type: represented
with: "[[James B. Donovan]]"
reverse: true
start: 1960-03-28
role: "counsel for the petitioner Rudolf Abel"
fn: 8
---
The Supreme Court of the United States is the highest court of the federal judiciary, established by Article III of the Constitution and sitting in Washington, D.C.[^1]
### State secrets and secret agents
The Court's first state secrets decision came out of the Civil War. In [[Totten v. United States]] (1876), Justice [[Stephen Johnson Field]] wrote for the Court that a man hired by President [[Abraham Lincoln]] in July 1861 to enter the Confederate lines, report troop positions and obtain plans of fortifications could not sue for his pay, because "public policy forbids the maintenance of any suit in a court of justice, the trial of which would inevitably lead to the disclosure of matters which the law itself regards as confidential." The opinion treated the existence of a secret-service contract as "itself a fact not to be disclosed."[^2]
On March 9, 1953 the Court decided [[United States v. Reynolds]], an action under the [[Federal Tort Claims Act]] arising from the crash of a B-29 at Waycross, Georgia on October 6, 1948. The aircraft "had taken flight for the purpose of testing secret electronic equipment" with four civilian observers aboard; three of the four and six of the nine crew members died. Plaintiffs sought the Air Force's accident report and the crew statements. The Secretary of the Air Force filed a formal claim of privilege, and Chief Justice [[Fred M. Vinson]] held for the Court that the privilege against revealing military secrets was well established and that the claim could prevail without the judge examining the report.[^3] In 2000 a daughter of one of the dead observers learned that the Air Force had declassified documents on aircraft accidents, ordered the report on the Waycross crash, and brought a claim of fraud on the court. The [[United States Court of Appeals for the Third Circuit|Third Circuit]] rejected the claim on September 22, 2005, noting that the declassified accident report disclosed that the mission was run by the 3150th Electronics Squadron and required an aircraft capable of operating at altitudes of 20,000 feet and above.[^4]
On March 2, 2005 Chief Justice [[William Rehnquist]] wrote for the Court in [[Tenet v. Doe]] that the rule of Totten barred a suit by two alleged former Cold War spies, a husband and wife who used fictitious names. The husband was described as a high-ranking diplomat of a country then considered an enemy; according to the complaint, [[Central Intelligence Agency|CIA]] agents persuaded the couple to remain at their posts and conduct espionage in return for a promise to "arrange for travel to the United States and ensure financial and personal security for life." The Court reversed the Ninth Circuit.[^5]
On March 3, 2022 the Court reversed the Ninth Circuit in [[United States v. Zubaydah]], the case brought by [[Abu Zubaydah]] (docketed as United States v. Husayn). Justice [[Stephen Breyer]] delivered the opinion; Justice [[Neil Gorsuch]], joined by Justice [[Sonia Sotomayor]], dissented, and Justice [[Elena Kagan]] concurred in part and dissented in part.[^6] The next day, in [[FBI v. Fazaga]], Justice [[Samuel Alito]] wrote for a unanimous Court that section 1806(f) of the [[Foreign Intelligence Surveillance Act]] does not displace the state secrets privilege. The respondents were three members of Southern California Muslim communities who alleged that the [[Federal Bureau of Investigation]] directed a confidential informant to gather information on Muslims indiscriminately, including "hundreds of hours of video recordings" made inside mosques, homes and other private locations.[^7]
### Intelligence officers and the Court
On March 28, 1960 the Court affirmed, five to four, the espionage conviction of [[Rudolf Abel]] in [[Abel v. United States]].[^8] Justice [[Felix Frankfurter]] wrote for the majority. [[James B. Donovan]] argued for the petitioner. Justice [[William J. Brennan Jr.|William J. Brennan]] dissented, joined by Chief Justice [[Earl Warren]], [[Hugo Black]] and [[William O. Douglas]]. Abel was exchanged for the U-2 pilot [[Francis Gary Powers]] at the Glienicke Bridge in Berlin on February 10, 1962, after Powers's aircraft was shot down over the Soviet Union in May 1960; the CIA's account states that Donovan, who had fought the death sentence in the hope of such an exchange, negotiated the trade with the CIA lawyer [[Milan Miskovsky]].[^9]
On June 29, 1981 the Court upheld the State Department's revocation of the passport of former CIA officer [[Philip Agee]] in [[Haig v. Agee]].[^10] Chief Justice [[Warren Burger]] wrote the opinion and Justice [[Harry Blackmun]] concurred. The opinion recorded the Secretary's finding that Agee's activities "were causing or were likely to cause serious damage to the national security or foreign policy of the United States." Two incidents were described in the opinion. In July 1980, two days after a press conference in [[Jamaica]] at which Agee's principal collaborator identified [[Richard Kinsman]] as CIA chief of station there, Kinsman's house "was strafed with automatic gunfire." Four days after the same press conference, three men approached the home of another man identified as an agency officer, and gunfire was exchanged. The opinion also recited Government affidavits showing that during the 1979 seizure of the American Embassy in [[Iran]], Agee "made contact with the captors, urged them to demand certain CIA documents, and offered to travel to Iran to analyze the documents."[^10]
On June 22, 1981 the Court issued a per curiam order in [[Kissinger v. Halperin]], a damages action arising from wiretaps. The judgment as to [[Henry A. Kissinger]], [[Richard Nixon]] and [[John N. Mitchell]] was affirmed by an equally divided Court, and the writ of certiorari as to [[H. R. Haldeman]] was dismissed as improvidently granted.[^11]
### Secrecy agreements and the press
In 1972 the Fourth Circuit decided [[United States v. Marchetti]], the case of former CIA officer [[Victor Marchetti]], whose secrecy agreement had been enforced by a district court order requiring him to submit writings about the agency for review thirty days before release. Chief Judge [[Clement Haynsworth]] wrote that the court would "affirm the substance of the decision below, limiting the order, however to the language of the secrecy agreement Marchetti signed when he joined the Agency," and found the contract "constitutional and otherwise reasonable."[^12] On December 11, 1972 the Supreme Court denied certiorari; Justices Douglas, Brennan and Stewart would have granted it.[^13]
Marchetti and [[John Marks]], a former State Department employee, then wrote a book manuscript that [[Alfred A. Knopf]], Inc. intended to publish. After CIA review, the agency specified 339 deletions, released 114, then 29, then 57 more, and stood on 168. The Fourth Circuit, in [[Alfred A. Knopf, Inc. v. Colby]], decided February 7, 1975, vacated the district court judgment in part and remanded, holding that the burden of proving classification had been set "far too stringent" and adding the element of classifiability.[^14] On May 27, 1975 the Supreme Court denied certiorari in Knopf v. Colby, Justice Douglas dissenting from the denial.[^15] The same day [[William Colby]] told a White House meeting attended by [[Gerald R. Ford]], two days after [[Seymour Hersh]]'s story in the [[New York Times]] about American submarine intercept missions in Soviet waters, that "The Supreme Court refusal to review the Marchetti case is good news." Colby added that in the Marchetti case "we had to prove the material was classified."[^16]
On February 19, 1980 the Court decided [[Snepp v. United States]] per curiam. The former CIA officer [[Frank Snepp]] had published a book about the agency in South Vietnam without submitting it for prepublication review, as his 1968 employment agreement required; the Government conceded the book contained no classified, nonpublic material. The Court imposed a constructive trust on his profits, holding that he had breached a fiduciary obligation. Justice [[John Paul Stevens]], joined by Justices Brennan and [[Thurgood Marshall]], dissented.[^17]
On April 16, 1985 Chief Justice Burger wrote for the Court in [[Central Intelligence Agency v. Sims]], which concerned a [[Freedom of Information Act]] request filed on August 22, 1977 by an attorney, John C. Sims, and Dr. [[Sidney Wolfe|Sidney M. Wolfe]] of the Public Citizen Health Research Group for the grant proposals, contracts and researcher names of [[Project MKUltra|MKULTRA]]. The opinion describes MKULTRA as a project financed between 1953 and 1966 for "the research and development of chemical, biological, and radiological materials capable of employment in clandestine operations to control human behavior," made up of 149 subprojects contracted out to universities, research foundations and similar institutions, with at least 80 institutions and 185 private researchers participating. The agency released the proposals and contracts but withheld the names of all individual researchers and 21 institutions under its duty to protect intelligence sources. The Court held that the Director was authorized to withhold the identities of the individual researchers and need not disclose their institutional affiliations. The opinion also records that during the congressional inquiries Director [[Stansfield Turner]] notified the 80 institutions at which MKULTRA research had been conducted, many of which had not previously been advised of their involvement. Justices Marshall and Brennan concurred in the result.[^18]
On June 30, 1971 the Court decided [[New York Times Co. v. United States]], the [[Pentagon Papers]] case, per curiam, refusing to enjoin the New York Times and the [[Washington Post]] from publishing a classified study titled "History of U. S. Decision-Making Process on Viet Nam Policy." The Court stated that any system of prior restraints "comes to this Court bearing a heavy presumption against its constitutional validity" and that the Government had not carried its burden. Justices Black, Douglas, Brennan, [[Potter Stewart]], [[Byron White]] and Marshall wrote separately in concurrence; Chief Justice Burger, Justice Blackmun and Justice [[John Marshall Harlan II|Harlan]] dissented.[^19]
### Human experimentation
On June 25, 1987 the Court decided [[United States v. Stanley]], in an opinion by Justice [[Antonin Scalia]]. In February 1958 an Army master sergeant at Fort Knox volunteered for what was described as a program to test protective clothing against chemical warfare, was sent to the Army's Chemical Warfare Laboratories at [[Aberdeen Proving Ground]], and there was "secretly administered doses of lysergic acid diethylamide (LSD)" four times in one month. On December 10, 1975 the Army wrote to him soliciting cooperation in a study of the long-term effects of LSD on "volunteers who participated" in the 1958 tests, the Government's first notification that he had been given the drug. The Court held that no [[Bivens]] damages remedy was available for injuries arising out of activity incident to military service, relying on [[Feres v. United States]] (1950), in which Justice [[Robert H. Jackson]] had held that the Government is not liable under the Federal Tort Claims Act for injuries to servicemen arising out of activity incident to service. Justice Brennan, joined by Justice Marshall, wrote that "the Government of the United States treated thousands of its citizens as though they were laboratory animals, dosing them with this dangerous drug without their consent," and placed the case beside the Nuremberg medical trials. Justice [[Sandra Day O'Connor]], dissenting separately, wrote that "Soldiers ought not be asked to defend a Constitution indifferent to their essential human dignity."[^20][^21]
### Wiretaps and executive immunity
On June 19, 1972 the Court decided [[United States v. United States District Court]] (the Keith case) in an opinion by Justice [[Lewis F. Powell Jr.]], holding that "prior judicial approval is required for the type of domestic security surveillance involved in this case." The opinion recorded that Presidents had for more than a quarter-century authorized such surveillance without guidance from Congress or a decision of the Court, and that the surveillance there was authorized by the Attorney General.[^22]
On June 19, 1985 the Court decided [[Mitchell v. Forsyth]], which arose from a warrantless wiretap on the telephone of [[William Davidon]], a [[Haverford College]] physics professor, authorized by Attorney General John Mitchell on November 6, 1970. Justice Byron White wrote for the Court that the Attorney General was not absolutely immune from damages for his national security functions, and that he was entitled to qualified immunity because the law on warrantless domestic security wiretaps was not clearly established in 1970. The opinion records that during the installation of the tap the Government intercepted three conversations between Davidon and [[Keith Forsyth]], the respondent.[^23]
The [[Foreign Intelligence Surveillance Court]] has a route to the Court built into its statute. If the court of review upholds the denial of a government application, "on petition of the United States for a writ of certiorari, the record shall be transmitted under seal to the Supreme Court, which shall have jurisdiction to review such decision." The same section directs the Chief Justice to set security measures for the court's records "in consultation with the Attorney General and the Director of National Intelligence."[^24]
On February 26, 2013 the Court decided, five to four, [[Clapper v. Amnesty International USA]]. Justice Alito held that attorneys and organizations whose work required international communications could not challenge section 702 of the Foreign Intelligence Surveillance Act (50 U.S.C. 1881a) because their fear of surveillance was too speculative to meet the requirement that threatened injury be "certainly impending." Justice Breyer dissented.[^25]
### Detention and military commissions
On June 28, 2004 the Court decided two cases on the detention of people held after September 11, 2001. In [[Hamdi v. Rumsfeld]] Justice O'Connor announced the judgment, joined by Chief Justice Rehnquist and Justices [[Anthony Kennedy]] and Breyer, holding that "due process demands that a citizen held in the United States as an enemy combatant be given a meaningful opportunity to contest the factual basis for that detention before a neutral decisionmaker." In [[Rasul v. Bush]] Justice Stevens held that United States courts have jurisdiction to consider challenges to the detention of foreign nationals held at the [[Guantanamo Bay Naval Base]].[^26][^27] On June 12, 2008, in [[Boumediene v. Bush]], Justice Kennedy wrote for a five-justice majority that the detainees at Guantanamo have the constitutional privilege of habeas corpus and that section 7 of the Military Commissions Act of 2006 "operates as an unconstitutional suspension of the writ."[^28]
On June 29, 2006 the Court decided [[Hamdan v. Rumsfeld]], a challenge by the Guantanamo detainee [[Salim Ahmed Hamdan]] to the military commission convened to try him. Justice Stevens wrote that "the military commission convened to try Hamdan lacks power to proceed because its structure and procedures violate both the UCMJ and the Geneva Conventions."[^29] The named respondent was Secretary of Defense [[Donald Rumsfeld]].
### Antitrust and the press
In 1911 the Court, in an opinion by Chief Justice [[Edward Douglass White]], ordered the dissolution of [[Standard Oil]], the petroleum combination founded by [[John D. Rockefeller]], under the [[Sherman Antitrust Act]].[^30]
On June 18, 1945 the Court decided [[Associated Press v. United States]]. Justice Hugo Black wrote that "[t]he publishers of more than 1200 newspapers are members of the Associated Press (AP)." The by-laws, which let members block non-member competitors from membership, had been charged as a violation of the Sherman Act, and the Court affirmed the judgment in the case.[^31]
### Banking claims and antitrust immunity
On April 25, 1938 the Court decided [[Guaranty Trust Co. of New York v. United States]], a suit by the United States as assignee of Russian Soviet claims against [[Morgan Guaranty Trust|Guaranty Trust Company of New York]]. The assignment, made on November 16, 1933 by the Russian Soviet Government to the United States, was the basis of the government's claim. Justice [[Harlan Fiske Stone]] held that the six-year New York statute of limitations applied, and the Court reversed the [[United States Court of Appeals for the Second Circuit|Second Circuit]]. [[John W. Davis]] argued for the bank.[^32]
On January 10, 1973 the Court, in an opinion by Justice William O. Douglas, reversed the Court of Appeals in [[Hughes Tool Co. v. Trans World Airlines]]. The Court held that the transactions TWA challenged as antitrust violations were "under the control and surveillance" of the [[Civil Aeronautics Board]] and had immunity from the antitrust laws under sections 408 and 414 of the Federal Aviation Act. The complaint alleged damages suffered by [[Trans World Airlines]], and the defendants included [[Hughes Tool Company]], which [[Howard Hughes]] controlled.[^33]
### Searches of sealed luggage
On June 21, 1977 the Court decided [[United States v. Chadwick]], in an opinion by Chief Justice Burger, holding that respondents were entitled to the protection of the Warrant Clause "before their privacy interests in the contents of the footlocker were invaded." The respondents had been arrested in Boston by federal narcotics agents after a train trip from San Diego, and the double-locked footlocker had been loaded in the trunk of their car. [[Martin Weinberg]], of Boston, argued for the respondents.[^34]
### Searches of Bahamian bank records
On June 23, 1980 the Court decided [[United States v. Payner]], in an opinion by Justice Powell, which framed the question as "whether the District Court properly suppressed the fruits of an unlawful search that did not invade the respondent's Fourth Amendment rights." The respondent, [[Jack Payner]], had been indicted for falsely denying that he maintained a foreign bank account, and the account was at the [[Castle Bank and Trust]] Company of Nassau, Bahama Islands. The opinion recited the background of the investigation: "In 1965, the [[Internal Revenue Service]] launched an investigation into the financial activities of American citizens in the Bahamas. The project, known as '[[Operation Tradewinds|Operation Trade Winds]],' was headquartered in [[Jacksonville, Florida|Jacksonville]]."[^35] The Court reversed. Chief Justice Burger concurred, writing that the decision "should not be read as condoning the conduct of the IRS 'private investigators' as disclosed by this record." Justice Marshall, joined by Justices Brennan and Blackmun, dissented, writing that the government "made a conscious decision to forgo any opportunity to prosecute Wolstencroft in order to obtain illegally the evidence against Payner and others."[^35]
### Loyalty riders and bills of attainder
On June 3, 1946 the Court decided [[United States v. Lovett]], in an opinion by Justice Black. The case concerned Section 304 of an appropriations act, which, according to counsel for Congress, "merely cut off respondents' pay." The respondents included [[Goodwin Watson]], whom a congressional subcommittee had found guilty of "subversive activity." Justice Black held that "Section 304 is a bill of attainder against these respondents involving a use of power which the Constitution unequivocally declares Congress can never exercise."[^36]
### Obscenity and child sexual abuse material
On June 21, 1973 Chief Justice Burger wrote the Court's opinion in [[Miller v. California]], the decision that set the modern test for obscenity.[^37] On July 2, 1982 the Court decided [[New York v. Ferber]], upholding a New York statute against a First Amendment challenge as applied to distributors of films of children. Justice Byron White wrote that the Miller standard "for determining what is legally obscene is not a satisfactory solution to the child pornography problem," and treated child pornography as a category to be judged on its own terms.[^38]
On April 16, 2002 the Court decided [[Ashcroft v. Free Speech Coalition]], in an opinion by Justice Kennedy. It affirmed the [[United States Court of Appeals for the Ninth Circuit|Ninth Circuit]]'s ruling that the provisions of the [[Child Pornography Prevention Act]] reaching sexually explicit images that "appear to be" of minors, although produced without minors, were overbroad.[^39] The subject is treated in more detail at [[Child sexual abuse material]].
### Tribal gaming
On February 25, 1987 the Court decided [[California v. Cabazon Band of Mission Indians]], in an opinion by Justice Byron White. The Cabazon and Morongo Bands operated bingo and a card club on their reservations in Riverside County, California. The opinion recorded that the card club offered "draw poker and other card games," and that "[t]he gambling games are open to the public and are played predominantly by non-Indians coming onto the reservations."[^40] The card room at the [[Cabazon Indian Casino]] was managed by [[Rocco Zangari]] from September 1980 until November 1981.
### Executive records and the Vice President
On June 24, 2004 the Court decided [[Cheney v. United States District Court for the District of Columbia]], in an opinion by Justice Kennedy that vacated and remanded the Court of Appeals' ruling on discovery directed to the Vice President and other senior officials. The discovery concerned the [[National Energy Policy Development Group]], which [[Dick Cheney]] led.[^41]
On June 6, 2025 the Court granted a stay of a preliminary injunction against the [[Social Security Administration]] pending appeal and any certiorari petition. Justice Kagan would have denied the application. Justice [[Ketanji Brown Jackson]], joined by Justice Sotomayor, dissented. The injunction had concerned access to agency records by members of the [[Department of Government Efficiency]] team.[^42]
### Epstein and the victims' litigation
On February 22, 2022 the Court denied a petition for certiorari, No. 21-351, brought by a victim of [[Jeffrey Epstein]], who challenged the en banc ruling in [[In re Wild]].[^43] The en banc [[United States Court of Appeals for the Eleventh Circuit|Eleventh Circuit]] ruled seven to four on April 15, 2021 that the [[Crime Victims' Rights Act]] gave the petitioner no freestanding civil action before charges were filed. The majority said it "needn't decide" whether the victims' rights to confer and to fair treatment attached before charges, and the dissenting judges faulted it for that omission.[^44] The dispute arose from the [[Epstein non-prosecution agreement]], negotiated by the [[U.S. Attorney's Office for the Southern District of Florida|Southern District of Florida]] office.
On April 10, 2025 [[Ghislaine Maxwell]] filed a petition for certiorari in [[United States v. Maxwell]], after Justice Sotomayor granted an extension of the filing deadline on January 21, 2025 under Application No. 24A709.[^45] The Court denied the petition on October 6, 2025.[^45]
### Recent decisions
On December 5, 2025 the Court granted certiorari in the case of [[Ahmad Abouammo]], a former [[Twitter]] employee convicted in the [[Twitter Saudi espionage case]], limited to the first question presented. On June 11, 2026 the Court reversed and remanded in a unanimous opinion by Justice Kagan.[^46]
On April 19, 2023 the Court decided [[Turkiye Halk Bankasi A.S. v. United States]], the appeal arising from the prosecution of the state-owned [[Halkbank]] before [[Richard M. Berman]] in the Southern District of New York. Justice [[Brett Kavanaugh]] wrote for the Court, which held that the [[Foreign Sovereign Immunities Act]] does not cover criminal cases and affirmed in part, vacated in part and remanded. Justice Gorsuch, joined by Justice Alito, concurred in part and dissented in part, writing that "Today's decision overcomplicates the law for no good reason."[^47]
### Justices and nominations
[[Leonard Leo]], a figure in the [[Federalist Society]], drew up the lists of potential justices that [[Donald Trump]] released during the 2016 campaign, and advised Trump on the nominations of Justice Gorsuch, Justice Kavanaugh and [[Amy Coney Barrett]].[^48] ProPublica reported that the [[Judicial Confirmation Network]], since rebranded as the [[Judicial Crisis Network]], gave hundreds of thousands of dollars to a campaign against the Missouri Plan, the state's merit-selection system, that Leo's team had organized.[^48] Kavanaugh's service on the [[United States Court of Appeals for the District of Columbia Circuit|D.C. Circuit]] ended on October 5, 2018 on his appointment to the Court, and Barrett's service on the [[United States Court of Appeals for the Seventh Circuit|Seventh Circuit]] ended on October 26, 2020 on her appointment to the Court.[^49][^50]
On April 6, 2023 [[ProPublica]] reported that "For more than two decades, Thomas has accepted luxury trips virtually every year from the Dallas businessman without disclosing them." The reporting described a nine-day trip to Indonesia in June 2019, in which [[Clarence Thomas]] and his wife flew on a private jet and then cruised on a superyacht owned by [[Harlan Crow]], and trips to the [[Bohemian Grove]] and to Crow's ranch in East Texas.[^51]
On July 28, 1965 President [[Lyndon B. Johnson]] nominated [[Abe Fortas]] to the seat vacated by Arthur Goldberg. The Senate confirmed him on August 11, 1965. On June 26, 1968 Johnson nominated Fortas as Chief Justice; the nomination was withdrawn on October 4, 1968. Fortas's service ended on May 14, 1969 by his resignation.[^52] On May 9, 1969 Life magazine, in an article by William Lambert, reported that on January 3, 1966, three months after Fortas was sworn in, "a check for $20,000 was drawn to him personally on a Jacksonville, Fla. bank account of the Wolfson Family Foundation," the foundation of the financier Louis Wolfson, and that the Securities and Exchange Commission had on March 14, 1966 forwarded to the Justice Department a report recommending criminal prosecution of Wolfson.[^53]
John Marshall Harlan II, later an Associate Justice, sat as a director of the [[Pioneer Fund]] at a board meeting held at 522 Fifth Avenue, New York, at 4:15 p.m. on October 28, 1937, with [[Wickliffe Draper]], Malcolm Donald, [[Harry H. Laughlin]] and [[Frederick Osborn]] also present. The fund's certificate of incorporation had been signed in New York on February 27, 1937 by Draper, Laughlin, Donald, Osborn and Vincent K. Smalley, the first four being the named directors.[^54]
[[Ted Cruz]], later a United States Senator, clerked for Chief Justice William Rehnquist.[^55]
### Criticism of the Court and its docket
Facts Forum, the organization of [[H.L. Hunt|H. L. Hunt]], circulated ballots that asked "Is the Supreme Court limiting its functions to its Constitutional powers?" and "Should the term of office for members of the U. S. Supreme Court be limited?"; an FBI memorandum in the Hunt file describes the later program "Life Line" as "formerly known as Facts Forum."[^56] In October 1957 Hunt's office asked [[J. Edgar Hoover]] for comments and suggestions on the content of the new program; Hoover replied on November 5 that he could offer none, and Hunt's office afterward sent the director tapes of commentary attacking the Supreme Court.[^56]
A 1981 suit alleged that [[Jim Jones]], the leader of [[People's Temple]], had been an employee of the CIA from 1963 until his death.[^57] On October 11, 1983 the Supreme Court refused without comment to review the dismissal of the survivors' suit against the CIA, the State Department, the Justice Department and the House of Representatives. The district judge, Stanley Weigel, had dismissed the case after the survivors' attorney failed to inform all defendants that they had been sued, and the Ninth Circuit rejected the attorney's excuses.[^58]
The [[Fairness in Media]] committee petitioned the [[Federal Communications Commission]] over [[Laurence Tisch]]'s purchases of [[CBS]] stock, and later petitioned the Court for certiorari in No. 88-388. The Court denied the petition on October 11, 1988.[^59]
### Footnotes
[^1]: U.S. Const. art. III, § 1, "The judicial Power of the United States, shall be vested in one supreme Court."
[^2]: *Totten v. United States*, 92 U.S. 105 (1876), opinion of Justice Field. https://static.case.law/us/92/cases/0105-01.json
[^3]: *United States v. Reynolds*, 345 U.S. 1 (1953), decided March 9, 1953; opinion of Chief Justice Vinson. https://static.case.law/us/345/cases/0001-01.json
[^4]: *Herring v. United States*, 424 F.3d 384 (3d Cir. 2005), decided September 22, 2005. https://static.case.law/f3d/424/cases/0384-01.json
[^5]: *Tenet v. Doe*, 544 U.S. 1 (2005), decided March 2, 2005; opinion of Chief Justice Rehnquist. https://static.case.law/us/544/cases/0001-01.json
[^6]: Supreme Court of the United States, docket No. 20-827, *United States v. Husayn (Abu Zubaydah)*, certiorari granted April 26, 2021; argued October 6, 2021; judgment reversed and remanded March 3, 2022 (Breyer, J.; Gorsuch, J., dissenting, joined by Sotomayor, J.); judgment issued April 4, 2022. https://www.supremecourt.gov/docket/docketfiles/html/public/20-827.html
[^7]: *Federal Bureau of Investigation v. Fazaga*, No. 20-828, argued November 8, 2021, decided March 4, 2022; opinion of Justice Alito for a unanimous Court. https://www.law.cornell.edu/supremecourt/text/20-828
[^8]: *Abel v. United States*, 362 U.S. 217 (1960), decided March 28, 1960; opinion of Justice Frankfurter for the Court; Justice Brennan, with whom the Chief Justice, Justice Black and Justice Douglas join, dissenting. https://www.law.cornell.edu/supremecourt/text/362/217
[^9]: Central Intelligence Agency, "May Day Over Moscow: The Francis Gary Powers Story," April 29, 2020 (exchange of February 10, 1962 at the Glienicke Bridge; Donovan and Miskovsky). https://www.cia.gov/stories/story/may-day-over-moscow-the-francis-gary-powers-story/
[^10]: *Haig v. Agee*, 453 U.S. 280 (1981), argued January 24, 1981, decided June 29, 1981; opinion of Chief Justice Burger for the Court; Justice Blackmun concurring. https://www.law.cornell.edu/supremecourt/text/453/280
[^11]: *Kissinger v. Halperin*, 452 U.S. 713 (1981), per curiam, decided June 22, 1981. https://static.case.law/us/452/cases/0713-01.json
[^12]: *United States v. Marchetti*, 466 F.2d 1309 (4th Cir. 1972), decided September 11, 1972; Haynsworth, C.J. https://static.case.law/f2d/466/cases/1309-01.json
[^13]: *Marchetti v. United States*, 409 U.S. 1063 (1972), certiorari denied December 11, 1972; Mr. Justice Douglas, Mr. Justice Brennan and Mr. Justice Stewart would grant certiorari. https://static.case.law/us/409/cases/1063-04.json
[^14]: *Alfred A. Knopf, Inc. v. Colby*, 509 F.2d 1362 (4th Cir. 1975), Nos. 74-1478 and 74-1479, decided February 7, 1975; Haynsworth, C.J. https://static.case.law/f2d/509/cases/1362-01.json
[^15]: *Alfred A. Knopf, Inc. v. Colby*, 421 U.S. 992 (1975), certiorari denied May 27, 1975; Mr. Justice Douglas would grant certiorari. https://static.case.law/us/421/cases/0992-04.json
[^16]: Memorandum of conversation, May 27, 1975, Ford, Schlesinger, Colby, Rumsfeld, Ingersoll and Scowcroft, National Security Adviser, Memoranda of Conversations, Box 12, Gerald R. Ford Presidential Library. https://www.fordlibrarymuseum.gov/library/document/0314/1553088.pdf
[^17]: *Snepp v. United States*, 444 U.S. 507 (1980), per curiam, decided February 19, 1980, No. 78-1871; Mr. Justice Stevens, with whom Mr. Justice Brennan and Mr. Justice Marshall join, dissenting. https://static.case.law/us/444/cases/0507-01.json
[^18]: *Central Intelligence Agency v. Sims*, 471 U.S. 159 (1985), decided April 16, 1985; opinion of Chief Justice Burger; Justice Marshall, with whom Justice Brennan joins, concurring in the result. https://static.case.law/us/471/cases/0159-01.json
[^19]: *New York Times Co. v. United States*, 403 U.S. 713 (1971), per curiam, decided June 30, 1971. https://static.case.law/us/403/cases/0713-01.json
[^20]: *United States v. Stanley*, 483 U.S. 669 (1987), No. 86-393, decided June 25, 1987; opinion of Justice Scalia; Justice Brennan, with whom Justice Marshall joins, and with whom Justice Stevens joins as to Part III, and Justice O'Connor, each concurring in part and dissenting in part. https://static.case.law/us/483/cases/0669-01.json
[^21]: *Feres v. United States*, 340 U.S. 135 (1950), decided December 4, 1950; opinion of Justice Jackson. https://static.case.law/us/340/cases/0135-01.json
[^22]: *United States v. United States District Court for the Eastern District of Michigan*, 407 U.S. 297 (1972), No. 70-153, decided June 19, 1972; opinion of Justice Powell. https://static.case.law/us/407/cases/0297-01.json
[^23]: *Mitchell v. Forsyth*, 472 U.S. 511 (1985), argued February 27, 1985, decided June 19, 1985; opinion of Justice White for the Court, including note 3 on the wiretap's installation from late November 1970 to January 6, 1971. https://www.law.cornell.edu/supremecourt/text/472/511
[^24]: 50 U.S.C. § 1803(b). https://www.law.cornell.edu/uscode/text/50/1803
[^25]: *Clapper v. Amnesty International USA*, 568 U.S. 398 (2013), No. 11-1025, decided February 26, 2013; opinion of Justice Alito; Justice Breyer dissenting. https://static.case.law/us/568/cases/0398-01.json
[^26]: *Hamdi v. Rumsfeld*, 542 U.S. 507 (2004), No. 03-6696, decided June 28, 2004; plurality opinion of Justice O'Connor. https://static.case.law/us/542/cases/0507-01.json
[^27]: *Rasul v. Bush*, 542 U.S. 466 (2004), No. 03-334, decided June 28, 2004; opinion of Justice Stevens. https://static.case.law/us/542/cases/0466-01.json
[^28]: *Boumediene v. Bush*, 553 U.S. 723 (2008), No. 06-1195, decided June 12, 2008; opinion of Justice Kennedy; Justice Scalia, with whom the Chief Justice, Justice Thomas and Justice Alito join, dissenting. https://static.case.law/us/553/cases/0723-01.json
[^29]: *Hamdan v. Rumsfeld*, 548 U.S. 557 (2006), decided June 29, 2006; Justice Stevens announcing the judgment and delivering the opinion of the Court in relevant part. https://static.case.law/us/548/cases/0557-01.json
[^30]: *Standard Oil Co. of New Jersey v. United States*, 221 U.S. 1 (1911); opinion of Chief Justice White. https://www.law.cornell.edu/supremecourt/text/221/1
[^31]: *Associated Press v. United States*, 326 U.S. 1 (1945), decided June 18, 1945; opinion of Justice Black for the Court; judgment affirmed. https://www.law.cornell.edu/supremecourt/text/326/1
[^32]: *Guaranty Trust Co. of New York v. United States*, 304 U.S. 126 (1938), argued March 28-29, 1938, decided April 25, 1938; opinion of Justice Stone; Mr. John W. Davis for the petitioner. https://www.law.cornell.edu/supremecourt/text/304/126
[^33]: *Hughes Tool Co. v. Trans World Airlines, Inc.*, 409 U.S. 363 (1973), decided January 10, 1973; opinion of Justice Douglas for the Court. https://www.law.cornell.edu/supremecourt/text/409/363
[^34]: *United States v. Chadwick*, 433 U.S. 1 (1977), argued April 26, 1977, decided June 21, 1977; opinion of Chief Justice Burger for the Court. https://www.law.cornell.edu/supremecourt/text/433/1
[^35]: *United States v. Payner*, 447 U.S. 727 (1980), argued February 20, 1980, decided June 23, 1980; opinion of Justice Powell for the Court; Chief Justice Burger concurring; Justice Marshall, with whom Justices Brennan and Blackmun join, dissenting. https://www.law.cornell.edu/supremecourt/text/447/727
[^36]: *United States v. Lovett*, 328 U.S. 303 (1946), argued May 3-6, 1946, decided June 3, 1946; opinion of Justice Black for the Court. https://www.law.cornell.edu/supremecourt/text/328/303
[^37]: *Miller v. California*, 413 U.S. 15 (1973), decided June 21, 1973; opinion of Chief Justice Burger. https://www.law.cornell.edu/supremecourt/text/413/15
[^38]: *New York v. Ferber*, 458 U.S. 747 (1982), decided July 2, 1982; opinion of Justice White for the Court. https://www.law.cornell.edu/supremecourt/text/458/747
[^39]: *Ashcroft v. Free Speech Coalition*, 535 U.S. 234 (2002), decided April 16, 2002; opinion of Justice Kennedy for the Court; judgment of the Ninth Circuit, 198 F.3d 1083, affirmed. https://www.law.cornell.edu/supremecourt/text/535/234
[^40]: *California v. Cabazon Band of Mission Indians*, 480 U.S. 202 (1987), argued December 9, 1986, decided February 25, 1987; opinion of Justice White for the Court. https://www.law.cornell.edu/supremecourt/text/480/202
[^41]: *Cheney v. United States District Court for the District of Columbia*, 542 U.S. 367 (2004), decided June 24, 2004; opinion of Justice Kennedy for the Court; judgment of the Court of Appeals, 334 F.3d 1096, vacated and remanded. https://www.law.cornell.edu/supremecourt/text/542/367
[^42]: Supreme Court of the United States, docket No. 24A1063, *Social Security Administration v. American Federation of State, County, and Municipal Employees*, application for stay granted June 6, 2025; Justice Kagan would deny; Justice Jackson, with whom Justice Sotomayor joins, dissenting. https://www.supremecourt.gov/docket/docketfiles/html/public/24a1063.html
[^43]: Supreme Court of the United States, docket No. 21-351, petition for certiorari denied February 22, 2022 (docketed September 3, 2021; lower court No. 19-13843). https://www.supremecourt.gov/docket/docketfiles/html/public/21-351.html
[^44]: *In re Wild*, No. 19-13843, 994 F.3d 1244 (11th Cir. 2021) (en banc), decided April 15, 2021; dissenting opinions by Judges Branch, Martin, Jill Pryor and Hull. https://media.ca11.uscourts.gov/opinions/pub/files/201913843.enb.pdf
[^45]: Supreme Court of the United States, docket No. 24-1073, *Maxwell v. United States*, with Application No. 24A709 (extension granted January 21, 2025; petition filed April 10, 2025; petition denied October 6, 2025). https://www.supremecourt.gov/docket/docketfiles/html/public/24-1073.html
[^46]: Supreme Court of the United States, docket No. 25-5146, *Abouammo v. United States*, certiorari granted December 5, 2025 limited to Question 1; argued; judgment reversed and case remanded June 11, 2026, Justice Kagan for a unanimous Court. https://www.supremecourt.gov/docket/docketfiles/html/public/25-5146.html
[^47]: *Turkiye Halk Bankasi A.S. v. United States*, 598 U.S. 264 (2023), No. 21-1450, argued January 17, 2023, decided April 19, 2023 (Kavanaugh, J., for the Court, in which Roberts, C.J., and Thomas, Sotomayor, Kagan, Barrett and Jackson, JJ., joined; Gorsuch, J., concurring in part and dissenting in part, joined by Alito, J.). https://www.supremecourt.gov/opinions/22pdf/598us1r13_3e04.pdf
[^48]: Andy Kroll, Andrea Bernstein and Ilya Marritz, "We Don't Talk About Leonard: The Man Behind the Right's Supreme Court Supermajority," *ProPublica*, October 11, 2023. https://www.propublica.org/article/we-dont-talk-about-leonard-leo-supreme-court-supermajority
[^49]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, "Kavanaugh, Brett M." https://www.fjc.gov/history/judges/kavanaugh-brett-m
[^50]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, "Barrett, Amy Coney." https://www.fjc.gov/history/judges/barrett-amy-coney
[^51]: Joshua Kaplan, Justin Elliott and Alex Mierjeski, "Clarence Thomas Secretly Accepted Luxury Trips From GOP Donor," *ProPublica*, April 6, 2023. https://www.propublica.org/article/clarence-thomas-scotus-undisclosed-luxury-travel-gifts-crow
[^52]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, "Fortas, Abe." Nominated by Lyndon B. Johnson July 28, 1965; confirmed August 11, 1965; nomination as Chief Justice June 26, 1968, withdrawn October 4, 1968; service terminated May 14, 1969 by resignation. https://www.fjc.gov/history/judges/fortas-abe
[^53]: William Lambert, "The Justice and the Stock Manipulator," *Life*, May 9, 1969 (excerpts reproduced at https://muckrakerfarm.com/1969/05/justice-stock-manipulator/).
[^54]: The Pioneer Fund, Inc., Certificate of Incorporation, February 27, 1937, and Minutes of a meeting of the Board of Directors held October 28, 1937, as reproduced by the Institute for the Study of Academic Racism. https://web.archive.org/web/20001001235059/http://www.ferris.edu/isar/Institut/pioneer/pfund.htm and https://web.archive.org/web/2001/http://www.ferris.edu/ISAR/Institut/pioneer/minutes.htm
[^55]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, "Rehnquist, William H." Commission issued December 15, 1971. https://www.fjc.gov/history/judges/rehnquist-william-hubbs
[^56]: Federal Bureau of Investigation, Headquarters file on H.L. Hunt, parts 1 and 2 (FOIA release): Facts Forum ballots and FBI memorandum on "Life Line." https://archive.org/details/H.L.Hunt and https://archive.org/details/foia_Hunt_H.L.-HQ-2
[^57]: "Rev. Jones: Was CIA Agent, Suit Alleges," UPI, October 15, 1981, as filed in CIA Reading Room document CIA-RDP99-00498R000200020030-8. https://archive.org/details/cia-readingroom-document-cia-rdp99-00498r000200020030-8
[^58]: Spencer Sherman, "Peoples Temple Survivors Lose Appeal," UPI, October 11, 1983. https://www.upi.com/Archives/1983/10/11/Peoples-temple-survivors-lose-appeal/1510434692800/
[^59]: *Fairness in Media v. Federal Communications Commission*, 488 U.S. 893 (1988), certiorari denied October 11, 1988 (order list). https://static.case.law/us/488/cases/0893-01.json

View file

@ -1,7 +1,7 @@
---
category: "U.S. Government"
created: 2024-04-26
updated: 2026-10-14
updated: 2026-10-15
tags:
- Organization
- PROMIS
@ -20,9 +20,10 @@ The DC office became the first PROMIS site and served as the demonstration platf
### EOUSA Implementation Contract
The [[Executive Office for United States Attorneys]] (EOUSA), which administers support for all 94 U.S. Attorneys' Offices, was the entity that signed the March 1982 implementation contract with INSLAW, Inc. for installation of PROMIS in 20 large U.S. Attorneys' offices and word-processor systems in 74 smaller ones. The execution of that contract, and EOUSA's subsequent conduct toward INSLAW, became the central dispute in the [[PROMIS Software Scandal|INSLAW affair]].[^1]
The [[Executive Office for United States Attorneys]] (EOUSA), which administers support for the 93 U.S. Attorneys serving 94 judicial districts (one U.S. Attorney serves both Guam and the Northern Mariana Islands),[^3] was the entity that signed the March 1982 implementation contract with INSLAW, Inc. for installation of PROMIS in 20 large U.S. Attorneys' offices and word-processor systems in 74 smaller ones. The execution of that contract, and EOUSA's subsequent conduct toward INSLAW, became the central dispute in the [[PROMIS Software Scandal|INSLAW affair]].[^1]
### Footnotes
[^1]: U.S. House of Representatives, Committee on the Judiciary. *The INSLAW Affair: Investigative Report.* House Report 102-857, 102nd Congress, 2nd Session, September 10, 1992.
[^2]: Peat, Marwick, Mitchell & Co., *System Overview and Report Formats for PROMIS* (May 1971), prepared for the District of Columbia Government Office of Crime Analysis under LEAA Grant No. 70-DF-047, note 1 to the passage on the design team, NCJ 32469. https://www.ojp.gov/pdffiles1/Digitization/32469NCJRS.pdf
[^3]: 28 U.S.C. 541, "United States attorneys" (one United States attorney for each judicial district, with a single attorney for Guam and the Northern Mariana Islands). https://www.law.cornell.edu/uscode/text/28/541

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@ -0,0 +1,344 @@
---
aliases:
- United States District Court for the Southern District of New York
- S.D.N.Y.
category: "Law Enforcement & Legal"
tags:
- Organization
- FederalJudiciary
- Court
- Manhattan
- NewYork
- EpsteinCases
- PentagonPapers
- Halkbank
- BCCI
- IranArms
- Securities
summary: "Federal trial court for Manhattan and seven other counties, created in 1814, whose judges decided the Pentagon Papers injunction, the Epstein and Maxwell prosecutions and the September 11 litigation."
start: 1814-04-09
location: "New York, New York"
created: 2026-10-15
updated: 2026-10-15
relations:
- type: employed_by
with: "[[Lawrence Walsh]]"
reverse: true
role: "district judge, seat created under 68 Stat. 8 (1954)"
start: 1954-04-27
end: 1957-12-29
fn: 3
- type: employed_by
with: "[[Richard M. Berman]]"
reverse: true
role: "district judge, senior status from September 11, 2011"
start: 1998-10-22
fn: 4
- type: employed_by
with: "[[Alison Nathan]]"
reverse: true
role: "district judge"
start: 2011-10-17
end: 2022-03-31
fn: 7
- type: employed_by
with: "[[Loretta Preska]]"
reverse: true
role: "district judge, chief judge 2009 to 2016"
start: 1992-08-12
fn: 8
- type: employed_by
with: "[[Jed Rakoff]]"
reverse: true
role: "district judge, senior status from December 31, 2010"
start: 1996-01-04
fn: 9
- type: employed_by
with: "[[Paul Engelmayer]]"
reverse: true
role: "district judge"
start: 2011-07-27
fn: 10
- type: employed_by
with: "[[Robert W. Sweet]]"
reverse: true
role: "district judge, senior status from March 1, 1991 until death"
start: 1978-04-28
end: 2019-03-24
fn: 12
- type: employed_by
with: "[[Richard Casey]]"
reverse: true
role: "district judge"
start: 1997-10-24
end: 2007-03-22
fn: 18
- type: subject_of
with: "[[Jeffrey Epstein]]"
reverse: true
start: 2019-07-02
end: 2019-08-29
role: "United States v. Epstein, No. 1:19-cr-00490"
fn: 48
- type: subject_of
with: "[[Ghislaine Maxwell]]"
reverse: true
start: 2020-06-29
end: 2024-09-17
role: "United States v. Maxwell, No. 1:20-cr-00330, affirmed on appeal"
fn: 51
- type: subject_of
with: "[[Ari Ben-Menashe]]"
reverse: true
start: 1990-08-01
end: 1990-08-01
role: "United States v. Menashe, No. 90 Cr. 010 (LLS), ruling on motions"
fn: 44
- type: subject_of
with: "[[Ethan Phelan Melzer]]"
reverse: true
start: 2020-06-10
end: 2024
role: "United States v. Melzer, No. 1:20-cr-00314-GHW"
fn: 73
- type: subject_of
with: "[[Caroline Ellison]]"
reverse: true
start: 2022-12-21
end: 2024-10-10
role: "United States v. Ellison, No. 22 Cr. 673 (LAK)"
fn: 76
- type: subject_of
with: "[[IBM]]"
reverse: true
start: 1969-01-17
role: "United States v. International Business Machines Corp., No. 69 Civ. 200 (DNE), antitrust complaint"
fn: 29
- type: subject_of
with: "[[Goldman Sachs]]"
reverse: true
start: 2010-04-16
end: 2014-03-27
role: "SEC v. Goldman, Sachs & Co., No. 10 Civ. 3229 (KBF)"
fn: 34
- type: subject_of
with: "[[Financial Trust Company]]"
reverse: true
start: 2016-05-27
end: 2016-07-05
role: "Hoffenberg v. Epstein, No. 1:16-cv-03989 (RJS)"
fn: 17
- type: subject_of
with: "[[Fairness in Media]]"
reverse: true
start: 1985-02-14
role: "CBS Inc. v. Fairness in Media, suit filed by CBS"
fn: 32
---
The United States District Court for the Southern District of New York is the federal trial court for [[Manhattan]], the [[Bronx]], and the counties of [[Dutchess County, New York|Dutchess]], [[Orange County, New York|Orange]], [[Putnam County, New York|Putnam]], [[Rockland County, New York|Rockland]], [[Sullivan County, New York|Sullivan]] and [[Westchester County, New York|Westchester]].[^1] Congress divided the [[New York]] district into a northern and a southern district on April 9, 1814.[^2] Appeals go to the [[United States Court of Appeals for the Second Circuit]]. Its judges have decided the [[Pentagon Papers]] application of 1971, the federal prosecutions of [[Jeffrey Epstein]] and [[Ghislaine Maxwell]], the civil suits that followed Epstein's trafficking, a series of securities and antitrust cases, and the [[Iran-Israel Joint Committee|Iran arms]] and [[Halkbank]] sanctions cases.
### Creation and Districting
The [[Judiciary Act of 1789]] organized New York as one judicial district with one judgeship.[^2] The act of April 9, 1814 divided the state into a northern and a southern district with one judgeship each.[^2] Congress established the [[Eastern District of New York]] in 1865 and the [[Western District of New York]] in 1900. It added judgeships to the Southern District in 1903, 1906, 1909, 1922, 1929, 1936, 1949, 1954, 1961, 1970 and 1990, among other years.[^2]
On February 10, 1954 Congress authorized two additional judgeships for the Southern District.[^3] [[Dwight D. Eisenhower]] nominated [[Lawrence Walsh]], who had been counsel to Governor [[Thomas E. Dewey]] of New York, to one of the new seats on April 6, 1954. The Senate confirmed him on April 27, and his commission issued on April 28. He resigned on December 29, 1957. From 1986 to 1993 he served as independent counsel in the [[Iran-Contra affair]] investigation.[^3]
### Judges
[[Richard M. Berman]] was born in New York City in 1943. He graduated from [[Cornell University]] in 1964 and from the [[New York University School of Law]] in 1967, and worked as executive assistant to Senator [[Jacob Javits]] from 1974 to 1977 and later served as a judge of the [[Queens County Family Court]] from 1995 to 1998. [[Bill Clinton]] nominated him on May 21, 1998 to a seat vacated by [[Kevin Thomas Duffy]]. The Senate confirmed him on October 21, 1998, and he assumed senior status on September 11, 2011.[^4] He presided over [[United States v. Epstein]] and the Halkbank prosecution.[^5][^6]
[[Alison Nathan]] was born in Philadelphia in 1972. [[Barack Obama]] nominated her on March 31, 2011 to a seat vacated by [[Sidney H. Stein]], and she was confirmed on October 13, 2011. [[Joseph R. Biden]] nominated her to the [[Second Circuit]] on January 3, 2022, and her commission issued on March 30, 2022.[^7] She presided over the Maxwell prosecution from its unsealing through trial and sentenced Maxwell in June 2022.
[[Loretta Preska]] was born in Albany, New York, in 1949. [[George H.W. Bush]] nominated her on March 31, 1992 to a seat vacated by [[Robert J. Ward]], and she was confirmed on August 11, 1992. She served as chief judge from 2009 to 2016 and assumed senior status on March 1, 2017.[^8] She presides over the [[Giuffre v. Maxwell]] docket, which passed to her after the death of [[Robert W. Sweet]] in 2019.
[[Jed Rakoff]] was born in Philadelphia in 1943. Bill Clinton nominated him on October 11, 1995 to a seat vacated by [[David N. Edelstein]], and he was confirmed on December 29, 1995. He assumed senior status on December 31, 2010. Before the bench he was an assistant United States attorney in the district from 1973 to 1980 and chief of its business and securities fraud prosecutions from 1978 to 1980.[^9]
[[Paul Engelmayer]] was born in New York City in 1961. He clerked for Justice [[Thurgood Marshall]] in 1988 and 1989 and led the Major Crimes Unit of the [[U.S. Attorney's Office for the Southern District of New York]] from 1996 to 1999. Barack Obama nominated him on February 2, 2011 to a seat vacated by [[Gerard E. Lynch]], and the Senate confirmed him on July 26, 2011.[^10] He took over the Maxwell criminal case after Nathan's elevation to the Second Circuit.[^11]
Robert W. Sweet was born in Yonkers, New York, in 1922 and served as a lieutenant junior grade in the [[United States Navy]] from 1943 to 1946. [[Jimmy Carter]] nominated him on February 17, 1978 to a seat vacated by [[Inzer B. Wyatt]]. He took senior status on March 1, 1991 and died in Ketchum, Idaho, on March 24, 2019.[^12] Sweet sentenced [[Steven Hoffenberg]] in 1997.[^13]
[[Jesse M. Furman]] was born in New York City in 1972. Barack Obama nominated him on June 7, 2011 to a seat vacated by [[Alvin K. Hellerstein]], and he was confirmed on February 17, 2012. Before the bench he was an assistant United States attorney in the district from 2004 to 2007 and from 2009 to 2012, and counselor to the [[U.S. Attorney General]].[^14] A writer named Jesse Furman co-wrote with [[Steven Emerson]] a November 1991 article in [[The New Republic]] reporting that the military personnel records of [[Ari Ben-Menashe]] showed he had served as a low-level translator.[^15] The byline gives no biographical description, and records found do not establish whether the writer is the judge, whose Federal Judicial Center entry gives a birth year of 1972 and a Harvard degree in 1994.
[[Richard J. Sullivan]] was born in Manhasset, New York, in 1964. [[George W. Bush]] nominated him on February 15, 2007 to a seat vacated by [[Michael B. Mukasey]], and the Senate confirmed him on June 28, 2007. His service ended on October 25, 2018 on appointment to the Second Circuit.[^16] Sullivan presided over [[Hoffenberg v. Epstein]] in 2016.[^17]
[[Richard Casey]] was born in Ithaca, New York, in 1933 and was an assistant United States attorney in the district from 1959 to 1963. Bill Clinton nominated him on July 16, 1997 to a seat vacated by [[Charles S. Haight Jr.]]. He was commissioned on October 24, 1997 and served until his death on March 22, 2007.[^18] Casey presided over the consolidated September 11 litigation discussed below.
[[Murray Gurfein]] was born in New York City in 1907. He was an assistant United States attorney in the district from 1931 to 1933, an assistant district attorney of New York County from 1938 to 1942, a lieutenant colonel in the [[Office of Strategic Services]] from 1942 to 1946, and an assistant to [[Robert H. Jackson]], chief United States prosecutor at the [[Nuremberg Trials]], in 1945. [[Richard Nixon]] nominated him on April 14, 1971; the Senate confirmed him on May 20, 1971, and he left the district court on appointment to the Second Circuit in 1974.[^19]
David N. Edelstein was born in New York City in 1910, was an assistant United States attorney in the district from 1945 to 1947 and assistant attorney general in charge of the Customs Division from 1948 to 1951. [[Harry S. Truman]] nominated him on January 30, 1952, and the Senate confirmed him on April 7, 1952. He was chief judge from 1971 to 1980, took senior status in 1994 and died on August 19, 2000.[^19] Kevin Thomas Duffy, appointed by Nixon in 1972, held the seat to which Berman was later nominated. In the Mickey Mouse March case of February 14, 1975 he granted [[The Walt Disney Company|Walt Disney Productions]] a preliminary injunction against Mature Pictures Corp. over the use of the music in the film The Life and Times of the Happy Hooker.[^20]
[[Louis L. Stanton]] was born in New York City in 1927 and served in the Marine Corps Reserve from 1950 to 1952. [[Ronald Reagan]] nominated him on June 12, 1985 and the Senate confirmed him on July 16, 1985.[^19] [[William C. Conner]], appointed by Nixon in 1973, was the judge before whom the pretrial hearings in the CBS suit against Fairness in Media were argued in March 1985.[^19]
[[Lewis A. Kaplan]] was born in 1944 and was a special master of the district court in 1982 and 1983. Bill Clinton nominated him on May 5, 1994 and the Senate confirmed him on August 9, 1994. He served on the Judicial Panel on Multidistrict Litigation from 2012 to 2019.[^21] He decided [[Giuffre v. Prince Andrew]] and the case of [[Caroline Ellison]] (LAK). [[John G. Koeltl]] was born in 1945, clerked for Justice [[Potter Stewart]] in 1972 and 1973 and was assistant special prosecutor of the Watergate Special Prosecution Force in 1973 and 1974. Clinton nominated him on April 26, 1994 and the Senate confirmed him on August 9, 1994.[^22] He decided [[Jane Doe 43 v. Epstein]] (JGK).
[[Lewis J. Liman]] was born in 1960, clerked for Justice [[John Paul Stevens]] in 1989 and 1990, and was an assistant United States attorney in the district from 1994 to 1999. [[Donald Trump]] nominated him on May 21, 2019 and the Senate confirmed him on December 19, 2019.[^19] He decided [[Andriesz v. BGC Financial]] (LJL). [[Gregory H. Woods]] was born in 1969, was deputy general counsel of the [[Department of Transportation]] from 2009 to 2012 and general counsel of the [[Department of Energy]] from 2012 to 2013. Obama nominated him on May 9, 2013 and the Senate confirmed him on November 4, 2013.[^19] He presided over the case of [[Ethan Phelan Melzer]] (GHW). [[Arun Subramanian]] was born in 1979 in Pittsburgh, clerked for Justice [[Ruth Bader Ginsburg]] in 2006 and 2007, and was nominated by Biden on January 23, 2023; the Senate confirmed him on March 7, 2023.[^19] He decided the claims in [[Doe 1 v. Government of the United States Virgin Islands]] (AS). [[Jessica Clarke]] was nominated by Biden and confirmed on March 16, 2023; she presides over Doe v. Black.[^19]
### Appointment of United States Attorneys
Under 28 U.S.C. section 546(d), when an interim appointment by the Attorney General expires after 120 days, the district court may appoint a United States attorney to serve until the vacancy is filled.[^23] The judges of the district appointed [[Geoffrey Berman]] on April 25, 2018, after his interim appointment by Attorney General [[Jeff Sessions]]. On June 19, 2020 Berman stated that he had not resigned and had no intention of doing so, and that he had been appointed by the judges of the court.[^24] On August 18, 2025 the court issued an advisory stating that [[Jay Clayton]], appointed interim United States Attorney by the Attorney General, had a term expiring on or about August 19, 2025, and that the court had appointed him United States Attorney effective August 20, 2025, to serve until a Senate-confirmed successor took office.[^25]
### The Pentagon Papers Application
On June 15, 1971 Gurfein denied the government's application for a preliminary injunction against [[The New York Times]] in [[United States v. New York Times Co.]], No. 71 Civ. 2662.[^26] The government had asked for a temporary restraining order and a preliminary injunction to stop further publication of 47 volumes titled "History of United States Decision Making Process on Vietnam Policy," covering 1945 to 1967 and prepared in 1967 and 1968 at the direction of [[Robert S. McNamara]]. The request also covered a one-volume study of the [[Gulf of Tonkin Incident]] prepared for the [[Joint Chiefs of Staff]] in 1965.[^26] Gurfein had restrained the newspaper pending the hearing. He declined to continue the restraint and wrote that "[t]here is no greater safety valve for discontent and cynicism about the affairs of Government than freedom of expression in any form."[^26] The case went to the [[Supreme Court of the United States]], which decided [[New York Times Co. v. United States]], 403 U.S. 713, on June 30, 1971. The Court wrote per curiam that the government "thus carries a heavy burden of showing justification for the imposition of such a restraint," and it reversed the order of the Second Circuit and remanded with directions to enter a judgment affirming the judgment of the district court.[^27]
### Corporate and Antitrust Cases
On June 30, 1961 [[Trans World Airlines]] filed a complaint in the district against [[Hughes Tool Company]], charging violations of the antitrust laws. On February 7, 1962 the court appointed a special master for discovery. On February 1, 1963 it ordered [[Howard Hughes]] to appear for a deposition and ordered the defendant to produce documents it had refused to produce, and on February 7, 1963 it denied a motion to dismiss. A default judgment for more than $145 million with interest was later entered. The Supreme Court reversed in [[Hughes Tool Co. v. Trans World Airlines]], 409 U.S. 363 (1973), holding that the Court of Appeals had erred in rejecting the defense that the transactions were immune from the antitrust laws under the [[Federal Aviation Act of 1958]], and it remanded with directions to dismiss the complaint. The district court's damages rulings are reported at 308 F. Supp. 679 and 312 F. Supp. 478, and the Court of Appeals had affirmed at 449 F.2d 51. Chief Justice Burger, joined by Justice Blackmun, dissented.[^28]
On January 17, 1969 the [[Department of Justice]] filed an antitrust complaint against [[IBM]] in the district, alleging that IBM had monopolized the market for general-purpose electronic digital computer systems in violation of section 2 of the [[Sherman Antitrust Act]].[^29] In an order of April 16, 1973 Chief Judge Edelstein designated special masters to rule on privilege claims over documents IBM had withheld, among them documents generated by the so-called Cravath, Swaine & Moore Task Forces and the Office of Business Practices.[^30] His opinion of June 27, 1974 is reported as [[United States v. International Business Machines Corp.]], 66 F.R.D. 154.[^30] On January 8, 1982 a stipulation of dismissal signed by counsel for IBM and by Assistant Attorney General [[William F. Baxter]] dismissed the case without costs to either side.[^29] IBM then petitioned the Second Circuit for a writ of mandamus directing Edelstein to conduct no further proceedings in the case, and it raised questions under the Antitrust Procedures and Penalties Act. On August 13, 1982 the court held that a writ of mandamus should issue. It did not reach IBM's alternative request that Edelstein recuse himself, a request the court had earlier considered in a mandamus petition reported at 618 F.2d 923 (2d Cir. 1980).[^29] The decision is reported as [[In re International Business Machines Corp.]], 687 F.2d 591 (2d Cir. 1982).[^29]
In August 1999 [[Sumitomo Corporation]] sued [[J.P. Morgan & Co.]] and [[Morgan Guaranty Trust Company of New York]] in the district. Sumitomo alleged that from 1993 to 1996 Morgan had assisted a Sumitomo employee in copper trading.[^31]
On February 14, 1985 [[CBS Inc.]] sued [[Fairness in Media]] in the district. CBS alleged that the group's SEC filings were false and misleading, and that they did not disclose lawsuits filed against [[James Palmer Cain]] by the [[Federal Election Commission]] and the Democratic Committee of [[North Carolina]]. CBS amended the complaint on February 27 and charged that the group was "attempting to manipulate the market in CBS stock."[^32][^33]
### Securities and Ponzi Cases
On April 16, 2010 the [[Securities and Exchange Commission]] sued [[Goldman Sachs]] and the trader [[Fabrice Tourre]] in the district over the marketing of the ABACUS 2007-AC1 collateralized debt obligation.[^34] Goldman agreed to pay $550 million, announced on July 15, 2010.[^35] The final judgment against Tourre was filed on March 27, 2014 under the docket suffix KBF, for Judge [[Katherine Forrest]].[^36][^37][^38]
On November 28, 2011 Rakoff declined to approve a consent judgment between the SEC and [[Citigroup Global Markets]]. In [[SEC v. Citigroup Global Markets]], No. 11 Civ. 7387 (JSR), 827 F. Supp. 2d 328, he wrote that a $95 million civil penalty was "pocket change to any entity as large as Citigroup."[^39]
On May 27, 2016 Steven Hoffenberg sued Jeffrey Epstein and "The Financial Trust Company" in the district, individually and as constructive trustee of the noteholders of [[Towers Financial Corporation]]. Epstein and the company were represented by [[Bennet J. Moskowitz]] of [[Troutman Sanders]], who wrote to Sullivan on June 28, 2016 that Hoffenberg lacked standing and that his claims had expired.[^17][^40] The docket records dismissal on July 5, 2016.[^17]
In August 2018 two plaintiffs sued [[Financial Trust Company]] and Epstein in [[Gerber v. The Financial Trust Company]], No. 1:18-cv-07580 (JPO), before Judge [[J. Paul Oetken]]. The docket records termination on October 5, 2018.[^41]
On November 22, 2023 six women identified as Jane Does sued the [[Government of the United States Virgin Islands]], [[John de Jongh]], [[Cecile de Jongh]] and others in the district. The defendants included [[Kenneth Mapp]], [[Vincent Frazer]], [[Celestino White]], [[Carlton Dowe]] and [[Stacey Plaskett]]. On March 21, 2025 Subramanian dismissed the claims against Dowe and White for lack of personal jurisdiction.[^42] Judgment was entered on May 5, 2026.[^43]
### Iran Arms and Halkbank
On August 1, 1990 Judge Stanton ruled on motions in [[United States v. Menashe]], 741 F. Supp. 1135, No. 90 Cr. 010 (LLS). Count one charged the defendants with conspiring to sell American-made C-130 military cargo planes located in [[Israel]] to [[Iran]] in violation of the [[Arms Export Control Act]]. Count two charged [[Joseph O'Toole]] with conspiring with two unindicted co-conspirators to sell American-made anti-aircraft missiles located in Israel to an undisclosed country.[^44] Stanton denied the motion to dismiss the indictment, which [[Richard St. Francis]] had made on the ground that the government's conduct was so unfair as to violate due process and which Ari Ben-Menashe joined. He granted the motions to sever count two and to sever O'Toole.[^44]
The district court also heard the Halkbank prosecution. The United States indicted [[Turkiye Halk Bankasi A.S.]], a bank owned by the [[Turkey|Republic of Turkey]], for conspiring to evade United States sanctions against Iran in No. 15 Cr. 867. The district court denied Halkbank's motion to dismiss in a ruling dated October 1, 2020. Halkbank had argued that the [[Foreign Sovereign Immunities Act]] gave it immunity from criminal prosecution.[^5] The Second Circuit affirmed on October 22, 2021 in [[United States v. Turkiye Halk Bankasi A.S.]], 16 F.4th 336.[^6] On April 19, 2023 the Supreme Court held that the district court had jurisdiction under 18 U.S.C. section 3231 and that the Foreign Sovereign Immunities Act does not provide immunity from criminal prosecution.[^5]
### The September 11 Litigation and BCCI
On December 9, 2003 the [[Judicial Panel on Multidistrict Litigation]] centralized six September 11 cases before the district. The consolidated action came to include more than three thousand survivors, family members, and insurance carriers, and the complaints named over two hundred defendants.[^45] Casey's opinion of January 18, 2005, reported as [[In re Terrorist Attacks on September 11, 2001]], 349 F. Supp. 2d 765, granted the motion of [[Abdulrahman bin Mahfouz]] to dismiss the Burnett complaint for lack of personal jurisdiction. It denied without prejudice the motion of the National Commercial Bank to dismiss.[^45]
The opinion's summary of the Ashton and Burnett complaints states that [[Khalid bin Mahfouz]] became president and chief executive of the National Commercial Bank in 1986 and that in the same year he became chief operating officer and a major shareholder of the Bank of Credit and Commerce International. The summary reads: "He was subsequently indicted in New York state in connection with his involvement in BCCI's fraudulent practices, which also implicated NCB."[^45] The statement is the plaintiffs' allegation as recited in the opinion.
### Epstein Criminal Case
A grand jury returned the indictment in United States v. Epstein, No. 1:19-cr-00490, under seal on July 2, 2019. Epstein was arrested on July 6, and Richard M. Berman ordered him detained on July 18.[^46] Epstein was found dead in the [[Metropolitan Correctional Center, New York]] on August 10, 2019. Berman held a hearing on August 27 at which accusers spoke.[^47] On August 29 the docket records termination of the case.[^48][^49] Berman's later decision and order of August 20, 2025 and his order of December 10, 2025 are at ECF Nos. 77 and 92.[^50]
### Maxwell Criminal Case
A grand jury indicted Ghislaine Maxwell under seal on June 29, 2020 in [[United States v. Maxwell]], No. 1:20-cr-00330.[^51] Judge Alison Nathan denied Maxwell's motion to dismiss the indictment for breach of the 2007 [[Epstein non-prosecution agreement]] on April 16, 2021.[^52] Trial began on November 29, 2021, and the former pilot [[Larry Visoski]] was the government's first witness.[^53] The jury convicted Maxwell on December 29, 2021 on five of six counts.[^54]
Nathan denied Maxwell's motion for a new trial on April 1, 2022 and sentenced her on June 28, 2022 to 240 months on the sex trafficking count, with concurrent terms on the other counts.[^55] The judgment was entered on June 29, 2022. The Second Circuit affirmed on September 17, 2024 in *United States v. Maxwell*, 118 F.4th 256, No. 22-1426-cr.[^56]
After Nathan's elevation Judge Engelmayer took over the case. On August 11, 2025 he denied a motion by Deputy Attorney General [[Todd Blanche]] to unseal grand jury transcripts, holding that Federal Rule of Criminal Procedure 6(e) barred disclosure. The opinion is reported at 794 F. Supp. 3d 215.[^57] On January 21, 2026 he ruled on a motion by Representatives [[Thomas Massie]] and [[Ro Khanna]], sponsors of the [[Epstein Files Transparency Act]], to participate as amici curiae. He denied it.[^11]
### Giuffre v. Maxwell
[[Virginia Giuffre]] sued Maxwell for defamation in Giuffre v. Maxwell, No. 1:15-cv-07433, on September 21, 2015.[^58] Sweet presided at first, and Preska took the case after his death. A protective order was entered on March 17, 2016, and the case settled in May 2017.[^58] Discovery from the case remained under seal, and Preska ruled on its release from 2019 onward, including the release of names from the record in January 2024.[^59] The Second Circuit decided the appeals in [[Brown v. Maxwell]]; [[Dershowitz v. Giuffre]], 929 F.3d 41 (2d Cir. 2019), on July 3, 2019, and issued a further decision in the case in July 2025, reported at 146 F.4th 165.[^60][^61]
On August 11, 2026 the court modified the protective order in an order at ECF 1367. On September 3, 2026 it amended the caption to read Ian Torrington Blatchford, as interim administrator of Virginia Giuffre's estate, against Maxwell.[^62]
### Giuffre v. Dershowitz and Giuffre v. Prince Andrew
On April 16, 2019 Giuffre sued [[Alan Dershowitz]] in [[Giuffre v. Dershowitz]], No. 1:19-cv-03377, before Preska. The docket records termination on November 10, 2022.[^63]
On August 9, 2021 Giuffre sued [[Prince Andrew]] in Giuffre v. Prince Andrew, No. 1:21-cv-06702 (LAK). Kaplan's opinion on the motion to dismiss was filed on January 12, 2022, and the parties stipulated to dismissal, so-ordered on March 8, 2022.[^64]
### Epstein Bank and Territorial Litigation
On December 27, 2022 the Government of the United States Virgin Islands sued [[JPMorgan Chase]] in [[Government of the United States Virgin Islands v. JPMorgan Chase Bank]], No. 1:22-cv-10904 (JSR). The territory alleged that the bank had kept Epstein as a private banking client from 1998 to 2013 while he trafficked minors. Rakoff presided.[^65] JPMorgan settled the territory's suit for $75 million in September 2023. It settled the consolidated class claims of Epstein's accusers for $290 million, which the court approved in November 2023.[^66]
Jane Doe 43 sued in Jane Doe 43 v. Epstein, No. 1:17-cv-00616 (JGK), on January 26, 2017 under the federal trafficking statute. The case was assigned to Koeltl, with [[Sarah Netburn]] as magistrate judge, and the parties stipulated to dismissal with prejudice on December 20, 2018.[^67] The plaintiff later litigated under her own name as [[Sarah Ransome]].[^67]
In July 2023 the law firm [[Wigdor LLP]] filed [[Doe v. Black]], No. 1:23-cv-06418, against [[Leon Black]] in the district, where it was assigned to Judge Clarke.[^68]
On March 9, 2023 JPMorgan filed a third-party complaint against [[Jes Staley]] in the Virgin Islands action, asserting indemnification, contribution, breach of fiduciary duty and faithless servant claims and seeking recovery of compensation paid to him from 2006 through 2013.[^69]
### Brokerage Cases
On April 12, 2024 [[Jane Street Group]] sued [[Millennium Management]] and two former traders in the district under the [[Defend Trade Secrets Act]]. Judge Paul Engelmayer so-ordered a stipulation of dismissal with prejudice on December 6, 2024.[^70]
On September 17, 2024 [[Simon Andriesz]] petitioned the district to vacate, modify or remand an arbitration award against [[BGC Financial]], No. 1:24-cv-07004. On April 23, 2025 Liman held the petition untimely, because Andriesz had not served BGC within three months of the filing of the award, and in the alternative held that it "would still fail on the merits."[^71] The Second Circuit issued an order in No. 25-1341 on June 16, 2025.[^72]
### Extremist Prosecution
The FBI arrested Ethan Phelan Melzer, a soldier, on June 10, 2020, before a planned deployment, after he had made contact with adherents in the [[RapeWaffen Division]] Telegram channel. A superseding indictment in [[United States v. Melzer]], No. 1:20-cr-00314-GHW, was returned on August 18, 2020.[^73] Melzer pleaded guilty on June 24, 2022 and was sentenced to 45 years. The Second Circuit affirmed in No. 23-6247-cr (2d Cir. 2024).[^74]
### Cryptocurrency Fraud Cases
On December 21, 2022 the Securities and Exchange Commission sued Caroline Ellison and [[Gary Wang]] in [[SEC v. Ellison]], No. 22-cv-10794. Consent judgments were entered as to each on December 23, 2022.[^75] Ellison was prosecuted in [[United States v. Ellison]], No. 22 Cr. 673 (LAK). Judge Kaplan imposed sentence on September 24, 2024, and an amended judgment was entered on October 10, 2024.[^76]
### Footnotes
[^1]: 28 U.S.C. section 112(b), Cornell Legal Information Institute. https://www.law.cornell.edu/uscode/text/28/112
[^2]: Federal Judicial Center, "U.S. District Courts for the Districts of New York: Legislative History." https://www.fjc.gov/history/courts/us-district-courts-districts-new-york-legislative-history
[^3]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, "Walsh, Lawrence Edward." https://www.fjc.gov/history/judges/walsh-lawrence-edward
[^4]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, "Berman, Richard M." https://www.fjc.gov/history/judges/berman-richard-m
[^5]: *Turkiye Halk Bankasi A.S. v. United States*, 598 U.S. 264 (Apr. 19, 2023), No. 21-1450, slip op. at 1-3, stating that the district court denied the motion to dismiss and holding that the district court had jurisdiction under 18 U.S.C. section 3231 and that the Foreign Sovereign Immunities Act does not provide immunity from criminal prosecution. The district court ruling is cited there as No. 15 Cr. 867 (SDNY, Oct. 1, 2020). https://www.supremecourt.gov/opinions/22pdf/21-1450_5468.pdf
[^6]: *United States v. Turkiye Halk Bankasi A.S.*, No. 20-3499, 16 F.4th 336 (2d Cir. Oct. 22, 2021). https://www.courtlistener.com/opinion/5291813/united-states-v-bankasi/
[^7]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, "Nathan, Alison Julie." https://www.fjc.gov/history/judges/nathan-alison-julie
[^8]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, "Preska, Loretta A." https://www.fjc.gov/history/judges/preska-loretta
[^9]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, "Rakoff, Jed Saul." https://www.fjc.gov/history/judges/rakoff-jed-saul
[^10]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, "Engelmayer, Paul Adam." https://www.fjc.gov/history/judges/engelmayer-paul-adam
[^11]: *United States v. Maxwell*, No. 20 Cr. 330 (PAE) (S.D.N.Y. Jan. 21, 2026), Opinion and Order, ECF No. 844, "Case 1:20-cr-00330-PAE Document 844 Filed 01/21/26," resolving the motion of Reps. Massie and Khanna (ECF Nos. 837, 838). https://www.nysd.uscourts.gov/sites/default/files/2026-01/Maxwell%2020cr330%20-%20Opinion%20%26%20Order%201.21.26.pdf
[^12]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, "Sweet, Robert Workman." https://www.fjc.gov/history/judges/sweet-robert-workman
[^13]: *United States v. Hoffenberg*, 94 Cr. 213 (RWS), 95 Cr. 321 (RWS), 1997 U.S. Dist. LEXIS 2394 (S.D.N.Y. Mar. 4, 1997), as cited in the complaint in *Gerber v. The Financial Trust Company*, No. 1:18-cv-07580 (S.D.N.Y.). https://www.courtlistener.com/docket/7698990/gerber-v-the-financial-trust-company/
[^14]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, "Furman, Jesse Matthew." https://www.fjc.gov/history/judges/furman-jesse-matthew
[^15]: *Joint Report of the October Surprise Task Force*, January 3, 1993, p. 68 (summarizing Steven Emerson and Jesse Furman, "The Conspiracy That Wasn't," *The New Republic,* November 3, 1991).
[^16]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, "Sullivan, Richard Joseph." https://www.fjc.gov/history/judges/sullivan-richard-joseph
[^17]: Hoffenberg v. Epstein, No. 1:16-cv-03989 (RJS) (S.D.N.Y.), docket (complaint filed May 27, 2016; terminated July 5, 2016), and Order of Judge Richard J. Sullivan, July 5, 2016. https://www.courtlistener.com/docket/13248845/hoffenberg-v-epstein/
[^18]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, "Casey, Richard Conway." https://www.fjc.gov/history/judges/casey-richard-conway
[^19]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, 1789-present, data file entries for Gurfein, Murray Irwin; Edelstein, David Norton; Stanton, Louis Lee; Conner, William Curtis; Liman, Lewis Jeffrey; Woods, Gregory Howard; Subramanian, Arun Srinivas; Clarke, Jessica Gloria Lynn. https://www.fjc.gov/sites/default/files/history/judges.csv
[^20]: *Walt Disney Productions v. Mature Pictures Corp.*, 389 F. Supp. 1397 (S.D.N.Y. Feb. 14, 1975), No. 75 Civ. 394 (Duffy, J.), memorandum. https://static.case.law/f-supp/389/cases/1397-01.json
[^21]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, "Kaplan, Lewis A." https://www.fjc.gov/history/judges/kaplan-lewis
[^22]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, "Koeltl, John George." https://www.fjc.gov/history/judges/koeltl-john-george
[^23]: 28 U.S.C. section 546(d), Cornell Legal Information Institute. https://www.law.cornell.edu/uscode/text/28/546
[^24]: U.S. Attorney's Office, Southern District of New York, "Statement of U.S. Attorney Geoffrey S. Berman on Appointment by Chief Judge," April 25, 2018, https://www.justice.gov/usao-sdny/pr/statement-us-attorney-geoffrey-s-berman-appointment-chief-judge ; Spencer Kimball, "Attorney General Barr tells top Manhattan prosecutor Berman he is fired amid power struggle," *CNBC,* June 20, 2020, https://www.cnbc.com/2020/06/20/attorney-general-barr-tells-manhattan-us-attorney-berman-he-is-fired-amid-power-struggle.html
[^25]: United States District Court, Southern District of New York, Press Advisory, August 18, 2025. https://www.nysd.uscourts.gov/sites/default/files/2025-08/Press%20Advisory.pdf
[^26]: *United States v. New York Times Co.*, 328 F. Supp. 324 (S.D.N.Y. June 15, 1971), No. 71 Civ. 2662 (Gurfein, J.), memorandum. https://static.case.law/f-supp/328/cases/0324-01.json
[^27]: *New York Times Co. v. United States*, 403 U.S. 713 (1971). https://www.law.cornell.edu/supremecourt/text/403/713
[^28]: *Hughes Tool Co. v. Trans World Airlines, Inc.*, 409 U.S. 363 (1973), Nos. 71-827 and 71-830, procedural history of the litigation. https://www.law.cornell.edu/supremecourt/text/409/363
[^29]: *In re International Business Machines Corp.*, 687 F.2d 591 (2d Cir. Aug. 13, 1982), Background section (docket *United States v. International Business Machines Corp.*, 69 Civ. 200, S.D.N.Y., filed January 17, 1969). https://static.case.law/f2d/687/cases/0591-01.json
[^30]: *United States v. International Business Machines Corp.*, 66 F.R.D. 154 (S.D.N.Y. June 27, 1974), No. 69 Civ. 200 (DNE) (Edelstein, C.J.), opinion, including the account of the Special Master Order No. 1 of April 16, 1973. https://static.case.law/frd/66/cases/0154-01.json
[^31]: J.P. Morgan & Co. Incorporated, Form 10-K405 for 2001, Item 3, "Legal proceedings" (*Sumitomo Corporation v. J.P. Morgan & Co. Incorporated, Morgan Guaranty Trust Company of New York*, S.D.N.Y., filed August 1999). https://www.sec.gov/Archives/edgar/data/19617/000095012302002823/y57010e10-k405.htm
[^32]: "Targeting CBS" and "In Brief" (CBS suit), p. 104, and editorial "Southern discomfort," *Broadcasting,* February 18, 1985. https://www.worldradiohistory.com/Archive-All-BC/Broadcasting-Magazine/BC-1985/BC-1985-02-18.pdf
[^33]: "CBS on offensive in takeover challenges," *Broadcasting,* March 11, 1985. https://www.worldradiohistory.com/Archive-All-BC/Broadcasting-Magazine/BC-1985/BC-1985-03-11.pdf
[^34]: U.S. Securities and Exchange Commission, Litigation Release No. 21489, "Goldman, Sachs & Co. and Fabrice Tourre," April 16, 2010, *SEC v. Goldman, Sachs & Co. and Fabrice Tourre*, 10 Civ. 3229 (S.D.N.Y.). https://www.sec.gov/litigation/litreleases/2010/lr21489.htm
[^35]: U.S. Securities and Exchange Commission, press release 2010-123, "Goldman Sachs to Pay Record $550 Million to Settle SEC Charges Related to Subprime Mortgage CDO," July 15, 2010. https://www.sec.gov/news/press/2010/2010-123.htm
[^36]: CourtListener docket 4347648, *SEC v. Goldman Sachs & Co.*, No. 1:10-cv-03229, filed April 16, 2010, terminated March 27, 2014. https://www.courtlistener.com/docket/4347648/
[^37]: *SEC v. Fabrice Tourre*, 10 Civ. 3229 (KBF) (S.D.N.Y.), Document 5198, Final Judgment as to Defendant Fabrice Tourre, filed March 27, 2014. https://www.sec.gov/files/Judg10-cv-03229Tourre.pdf
[^38]: CourtListener docket 4347648, docket header listing the assigned judge as Katherine Bolan Forrest, matching the KBF docket suffix. https://www.courtlistener.com/docket/4347648/
[^39]: Opinion and Order, *U.S. Securities and Exchange Commission v. Citigroup Global Markets Inc.*, No. 11 Civ. 7387 (JSR), 827 F. Supp. 2d 328 (S.D.N.Y. Nov. 28, 2011) (Rakoff, J.). https://static.case.law/f-supp-2d/827/cases/0328-01.json
[^40]: Letter of Bennet J. Moskowitz, Troutman Sanders LLP, to Hon. Richard J. Sullivan, June 28, 2016, *Hoffenberg v. Epstein*, No. 1:16-cv-03989 (RJS), filed as ECF No. 16-7 in No. 1:18-cv-07580-JPO (S.D.N.Y.). https://storage.courtlistener.com/recap/gov.uscourts.nysd.499593/gov.uscourts.nysd.499593.16.7.pdf
[^41]: *Gerber v. The Financial Trust Company*, No. 1:18-cv-07580 (S.D.N.Y.), docket (filed August 20, 2018; terminated October 5, 2018; Judge J. Paul Oetken). https://www.courtlistener.com/docket/7698990/gerber-v-the-financial-trust-company/
[^42]: *Doe 1 v. Government of the United States Virgin Islands*, No. 1:23-cv-10301-AS (S.D.N.Y.), Opinion and Order, ECF No. 202 (March 21, 2025), pp. 1 to 2, 10. https://storage.courtlistener.com/recap/gov.uscourts.nysd.610915/gov.uscourts.nysd.610915.202.0.pdf
[^43]: *Doe 1 v. Government of the United States Virgin Islands*, No. 1:23-cv-10301-AS (S.D.N.Y.), docket, including Judgment, ECF No. 229 (May 5, 2026). https://www.courtlistener.com/docket/68031620/doe-1-v-government-of-the-united-states-virgin-islands/
[^44]: *United States v. Menashe*, 741 F. Supp. 1135 (S.D.N.Y. Aug. 1, 1990), No. 90 Cr. 010 (LLS) (Stanton, J.), memorandum and order. https://static.case.law/f-supp/741/cases/1135-01.json
[^45]: *In re Terrorist Attacks on September 11, 2001*, 349 F. Supp. 2d 765 (S.D.N.Y. Jan. 18, 2005), Nos. 03 MDL 1570 (RCC) et al. (Casey, J.), Opinion and Order, including the parts on the Burnett complaint against Abdulrahman bin Mahfouz, the National Commercial Bank, and the Ashton and Burnett complaint allegations concerning Khalid bin Mahfouz. https://static.case.law/f-supp-2d/349/cases/0765-01.json
[^46]: *United States v. Epstein*, No. 1:19-cr-00490-RMB (S.D.N.Y.), ECF No. 23, Letter from AUSA Alison Moe to Judge Richard M. Berman (Supplement to Detention Memorandum), July 16, 2019, pp. 1 to 3. https://storage.courtlistener.com/recap/gov.uscourts.nysd.518649/gov.uscourts.nysd.518649.23.0_2.pdf
[^47]: *United States v. Epstein*, No. 1:19-cr-00490-RMB (S.D.N.Y.), transcript of hearing, August 27, 2019, produced in the Department of Justice Epstein Library as EFTA02733081. https://www.justice.gov/epstein/files/Court%20Records/CA%20Florida%20Holdings%2C%20LLC%2C%20Publisher%20of%20the%20Palm%20Beach%20Post%20v.%20Aronberg%2C%20No.%2050-2019-CA-014681-XXXX-MB%20(Fla.%2015th%20Cir.%20Ct.%202019)/EFTA02733081.pdf
[^48]: CourtListener docket 15887848, *United States v. Epstein*, No. 1:19-cr-00490, filed July 2, 2019, terminated August 29, 2019. https://www.courtlistener.com/docket/15887848/united-states-v-epstein/
[^49]: U.S. Department of Justice, Office of the Inspector General, "Investigation and Review of the Federal Bureau of Prisons' Custody, Care, and Supervision of Jeffrey Epstein at the Metropolitan Correctional Center in New York, New York," Report 23-085, June 2023, pp. 14 to 20. https://oig.justice.gov/sites/default/files/reports/23-085.pdf
[^50]: *United States v. Epstein*, No. 1:19-cr-00490-RMB (S.D.N.Y.), Decision and Order, ECF No. 77 (Aug. 20, 2025), quoting *United States v. Maxwell*, 2025 WL 2301281, at *9 (S.D.N.Y. Aug. 11, 2025); Decision and Order, ECF No. 92 (Dec. 10, 2025). https://www.courtlistener.com/docket/15887848/united-states-v-epstein/
[^51]: CourtListener docket 17318376, *United States v. Maxwell*, No. 1:20-cr-00330, filed June 29, 2020. https://www.courtlistener.com/docket/17318376/united-states-v-maxwell/
[^52]: *United States v. Maxwell*, No. 20 Cr. 330 (AJN), Opinion and Order, ECF No. 207 (Apr. 16, 2021), CourtListener docket 17318376. https://www.courtlistener.com/docket/17318376/united-states-v-maxwell/
[^53]: Tom Winter and Corky Siemaszko, "Jeffrey Epstein's longtime pilot testifies in trial of Ghislaine Maxwell," *NBC News,* November 30, 2021. https://www.nbcnews.com/news/us-news/jeffrey-epsteins-longtime-pilot-testifies-trial-ghislaine-maxwell-rcna7078
[^54]: "Ghislaine Maxwell trial: Jury finds she sex trafficked a minor for Jeffrey Epstein, guilty on five of six counts," *CNN,* December 29, 2021. https://www.cnn.com/2021/12/29/us/ghislaine-maxwell-trial-wednesday
[^55]: *United States v. Maxwell*, No. 20 Cr. 330 (AJN), Opinion and Order denying motion for new trial (S.D.N.Y. Apr. 1, 2022); U.S. Attorney's Office, Southern District of New York, "Ghislaine Maxwell Sentenced To 20 Years In Prison For Conspiring With Jeffrey Epstein To Sexually Abuse Minors," press release, June 28, 2022. https://www.justice.gov/usao-sdny/pr/ghislaine-maxwell-sentenced-20-years-prison-conspiring-jeffrey-epstein-sexually-abuse
[^56]: *United States v. Maxwell*, No. 22-1426-cr, slip op. (2d Cir. Sept. 17, 2024), argued March 12, 2024, Cabranes, Wesley and Lohier, JJ., reported at 118 F.4th 256. The opinion states that Maxwell appealed "her June 29, 2022, judgment of conviction" from Judge Alison J. Nathan. https://storage.courtlistener.com/pdf/2024/09/17/united_states_v._maxwell.pdf
[^57]: *United States v. Maxwell*, No. 1:20-cr-00330 (S.D.N.Y.), Opinion and Order, ECF No. 809 (Aug. 11, 2025), reported at 794 F. Supp. 3d 215. https://www.courtlistener.com/docket/17318376/united-states-v-maxwell/
[^58]: CourtListener docket 4355835, *Giuffre v. Maxwell*, No. 1:15-cv-07433 (filed September 21, 2015; assigned to Loretta A. Preska on the docket; terminated May 25, 2017), with Complaint, ECF No. 1; Opinion denying motion to dismiss, ECF No. 37 (Feb. 2016); Protective Order, ECF No. 62 (March 17, 2016). https://www.courtlistener.com/docket/4355835/ian-torrington-blatchford-as-interim-administrator-of-virginia-giuffres/
[^59]: *Giuffre v. Maxwell*, No. 1:15-cv-07433 (S.D.N.Y.), ECF Nos. 1220 (July 1, 2021), 1254 (April 19, 2022), 1285-1343 (Dec. 2022 to Jan. 2024), 1315 (Dec. 18, 2023), 1320-1342 (Jan. 3-17, 2024). https://www.courtlistener.com/docket/4355835/ian-torrington-blatchford-as-interim-administrator-of-virginia-giuffres/
[^60]: *Brown v. Maxwell*; *Dershowitz v. Giuffre*, 929 F.3d 41 (2d Cir. 2019), Nos. 18-2868, 16-3945-cv(L) (July 3, 2019). https://www.courtlistener.com/opinion/4636340/brown-v-maxwell-dershowitz-v-giuffre/
[^61]: *Giuffre v. Maxwell*, 146 F.4th 165 (2d Cir. 2025), Nos. 24-182-cv(L), 24-203-cv(con) (July 23, 2025). https://caselaw.findlaw.com/court/us-2nd-circuit/117500106.html
[^62]: *Giuffre v. Maxwell*, No. 1:15-cv-07433 (S.D.N.Y.), Order, ECF No. 1367 (Aug. 11, 2026), modifying Protective Order, ECF No. 62; Order amending caption, ECF No. 1370 (Sept. 3, 2026). https://www.courtlistener.com/docket/4355835/ian-torrington-blatchford-as-interim-administrator-of-virginia-giuffres/
[^63]: CourtListener docket 14945220, *Giuffre v. Dershowitz*, No. 1:19-cv-03377 (filed April 16, 2019; assigned to Loretta A. Preska; terminated November 10, 2022). https://www.courtlistener.com/docket/14945220/giuffre-v-dershowitz/
[^64]: *Giuffre v. Prince Andrew*, No. 1:21-cv-06702-LAK (S.D.N.Y.), Opinion re Motion to Dismiss, ECF No. 64 (signed Jan. 11, 2022, filed Jan. 12, 2022); Stipulation and Order of Dismissal, ECF No. 83 (March 8, 2022). CourtListener docket 60119368, filed August 9, 2021. https://www.courtlistener.com/docket/60119368/giuffre-v-prince-andrew/
[^65]: Docket, *Government of the United States Virgin Islands v. JPMorgan Chase Bank, N.A.*, No. 1:22-cv-10904-JSR (S.D.N.Y.), ECF Nos. 1, 5, 6, 7, 17, 70, 90, 117, 120, 130, 131, CourtListener docket 66683865. https://www.courtlistener.com/docket/66683865/government-of-the-united-states-virgin-islands-v-jpmorgan-chase-bank-na/
[^66]: "JPMorgan Chase and Epstein survivor Jane Doe 1 reach $290 million settlement," *NPR,* June 12, 2023. https://www.npr.org/2023/06/12/1181675580/epstein-jane-doe-1-290-million-settlement-jpmorgan-chase ; "JPMorgan's $290 million settlement with Epstein accusers wins approval by U.S. judge," *CNBC,* November 9, 2023. https://www.cnbc.com/2023/11/09/jpmorgans-290-million-settlement-with-epstein-accusers-wins-approval-by-us-judge.html ; "JPMorgan to settle Jeffrey Epstein suit by U.S. Virgin Islands for $75 million," *CNBC,* September 26, 2023. https://www.cnbc.com/2023/09/26/jpmorgan-to-settle-jeffrey-epstein-suit-by-virgin-islands.html
[^67]: *Jane Doe 43 v. Epstein*, No. 1:17-cv-00616-JGK-SN (S.D.N.Y.), filed Jan. 26, 2017; Order, ECF No. 140 (Aug. 8, 2018); Agreed Final Order of Dismissal with Prejudice, ECF No. 189 (Dec. 20, 2018); Notice of Voluntary Dismissal, ECF No. 190 (Dec. 21, 2018); CourtListener docket 4581676. https://www.courtlistener.com/docket/4581676/jane-doe-43-v-epstein/
[^68]: *Doe v. Black*, No. 1:23-cv-06418 (S.D.N.Y.), docket. https://www.courtlistener.com/docket/67633736/doe-v-black/
[^69]: "JPMorgan Sues Ex-Executive Associated With Jeffrey Epstein," *Time,* 2023. https://time.com/6261243/jpmorgan-lawsuit-jes-staley-epstein-trafficking/
[^70]: Docket, *Jane Street Group, LLC v. Millennium Management LLC*, No. 1:24-cv-02783-PAE (S.D.N.Y.), entry 1 (complaint, Apr. 12, 2024) and stipulation and order of dismissal with prejudice (so-ordered Dec. 6, 2024); CourtListener docket 68431468. https://www.courtlistener.com/docket/68431468/jane-street-group-llc-v-millennium-management-llc/
[^71]: Opinion and Order, *Andriesz v. BGC Financial, L.P.*, No. 24-cv-7004 (LJL) (S.D.N.Y. April 23, 2025), docket 37, pp. 1-4, 7-12; Judgment, docket 38, April 24, 2025. https://www.courtlistener.com/docket/69166995/andriesz-v-bgc-financial-lp/
[^72]: United States Court of Appeals for the Second Circuit, Order, *Andriesz v. BGC Financial, L.P.*, No. 25-1341, June 16, 2025, with mandate issued August 28, 2025. https://www.courtlistener.com/docket/69166995/andriesz-v-bgc-financial-lp/
[^73]: *United States v. Melzer*, No. 1:20-cr-00314-GHW (S.D.N.Y.), superseding indictment S1 20 Cr. 314, returned August 18, 2020. CourtListener docket 17286246. https://www.courtlistener.com/docket/17286246/united-states-v-melzer/
[^74]: *United States v. Melzer*, No. 23-6247-cr (2d Cir. 2024), affirming the 45-year sentence. Courthouse News: https://www.courthousenews.com/circuit-upholds-45-year-sentence-for-army-soldier-who-plotted-satanic-neo-nazi-ambush/
[^75]: Complaint, *Securities and Exchange Commission v. Ellison*, No. 22-cv-10794 (S.D.N.Y. Dec. 21, 2022), ECF No. 1, paras. 1-5, 13-17; consent judgments entered December 23, 2022. https://storage.courtlistener.com/recap/gov.uscourts.nysd.591453/gov.uscourts.nysd.591453.1.0.pdf
[^76]: Amended Judgment in a Criminal Case as to Caroline Ellison, *United States v. Ellison*, (S2) 22 Cr. 673-03 (LAK) (S.D.N.Y.; date of imposition Sept. 24, 2024; signed Oct. 9, 2024; filed Oct. 10, 2024), ECF No. 520, pp. 1-4. https://storage.courtlistener.com/recap/gov.uscourts.nysd.590939/gov.uscourts.nysd.590939.520.0.pdf

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---
title: United States Attorney
aliases:
- United States Attorney
- United States Attorneys
- U.S. Attorney
- U.S. Attorneys
- US Attorney
- US Attorneys
created: 2026-10-15
updated: 2026-10-15
tags:
- Organization
- USGovernment
- DepartmentOfJustice
- Prosecutor
- PROMIS
- INSLAW
- BCCI
- BNL
- ContraWar
- DarkAllianceInvestigation
- JeffreyEpstein
- USAttorneyRemovals2006
category: "U.S. Government"
summary: "The federal prosecutor appointed for each judicial district under 28 U.S.C. 541, whose 2006 removals, interim appointments and district cases run through PROMIS, BCCI, the Contra drug cases and the Epstein agreement."
location: "Washington, D.C."
relations:
- type: investigated
with: "[[Department of Justice Office of the Inspector General]]"
reverse: true
role: "joint review of the 2006 removal of nine U.S. Attorneys"
start: 2007-03
end: 2008-09
fn: 12
- type: investigated
with: "[[Office of Professional Responsibility]]"
reverse: true
role: "joint review of the 2006 removal of nine U.S. Attorneys"
start: 2007-03
end: 2008-09
fn: 12
- type: investigated
with: "[[Office of Professional Responsibility]]"
reverse: true
role: "review of the Southern District of Florida's federal Epstein investigation and the non-prosecution agreement"
start: 2019-02-06
end: 2020-11
fn: 40
---
The United States Attorney is the federal prosecutor appointed for each judicial district to conduct the government's criminal prosecutions and civil litigation there. The statute provides for one U.S. Attorney in each judicial district, except that a single U.S. Attorney serves both Guam and the Northern Mariana Islands, so that there are 93 U.S. Attorneys serving 94 judicial districts.[^1][^2] The office and the people who held it appear in the [[PROMIS]] software case, the [[Contras|Contra]] and [[Central Intelligence Agency|CIA]] drug inquiries, the [[Bank of Credit and Commerce International|BCCI]] and [[BNL Scandal|BNL]] bank cases, the [[Mariposa County]] cluster, the [[Jeffrey Epstein|Epstein]] prosecutions, the [[Mena, Arkansas|Mena]] money-laundering inquiry, the Letelier murder trial and the 2006 removals.
### Statute and appointment
The President appoints each United States attorney with the advice and consent of the Senate, for a four-year term. Each continues in office until a successor qualifies and is "subject to removal by the President."[^1] Assistant United States attorneys are appointed by the Attorney General and are subject to removal by him.[^3] Under 28 U.S.C. 547 each United States attorney, within his district, prosecutes offenses against the United States and handles the civil matters in which the government is a party.[^4] The [[Department of Justice Office of the Inspector General|Inspector General]] and the [[Office of Professional Responsibility]] describe U.S. attorneys as the government's chief law enforcement officers in their districts, under the [[U.S. Attorney General|Attorney General]], who has statutory authority over the litigation of every agency.[^2] The report describes presidential discretion to remove as "broad but not unlimited," citing *Parsons v. United States*, 167 U.S. 324, 343 (1897), and says that a removal for an illegal or improper purpose would be contrary to the "public good" and therefore impermissible.[^5]
In the period of the 2006 removals, the [[Federal Bureau of Investigation|FBI]] background investigation of a candidate was forwarded through the [[Executive Office for United States Attorneys]] to the Department's White House liaison, and candidates were usually recommended by senators of the President's party. While a nomination was pending, the home-state senators approved or disapproved the nominee on a form printed on blue paper, and a disapproval or a missing approval affected how the [[Senate Judiciary Committee]] handled the nomination.[^6]
### Interim appointments under 28 U.S.C. 546
Before 2006, a vacancy was filled by the first assistant as acting U.S. Attorney for up to 210 days, or by an interim appointee named by the Attorney General for up to 120 days. After the 120 days the district court could reappoint the interim or make its own appointment, until the Senate confirmed a presidential nominee.[^2] In March 2006 Congress amended the statute at the Department's request, in section 502 of Public Law 109-177, so that the district court dropped out of the process, the 120-day limit was removed, and an Attorney General appointee could serve until a confirmed successor took office.[^7] Public Law 110-34, section 3, enacted June 14, 2007, repealed that change and restored the 120-day limit and the district court's power of appointment.[^8]
The current text of section 546 provides that the Attorney General may appoint a United States attorney for a district where the office is vacant, may not appoint a person whom the Senate refused to confirm, and that the appointee may serve until a presidentially appointed successor qualifies or 120 days pass. If the appointment expires, the district court may appoint a United States attorney to serve until the vacancy is filled.[^9]
The Southern District of New York applied that second step in 2025. Its interim appointee, Walter J. Clayton III, known as [[Jay Clayton]], had been appointed by the Attorney General. The court announced that under section 546(d) it had appointed him United States Attorney effective August 20, 2025, after the interim term expired on or about August 19.[^10] On December 1, 2025 the Third Circuit upheld a district court ruling that [[Alina Habba]]'s service as acting U.S. Attorney for New Jersey was unlawful. The court's reasoning, as reported, was that "the FVRA's nomination bar prevents her from assuming the role of Acting U.S. Attorney," and the statute the court relied on was the Federal Vacancies Reform Act.[^11]
### The 2006 and 2007 removals
Seven U.S. Attorneys were told to resign on December 7, 2006, at the direction of senior Department officials. Two others had been asked to resign earlier in the year: [[Todd Graves]] of the Western District of Missouri on January 24, and H.E. "Bud" Cummins of the Eastern District of Arkansas on June 14. The nine were Graves, Cummins, Daniel Bogden of the District of Nevada, Paul Charlton of the District of Arizona, Margaret Chiara of the Western District of Michigan, David Iglesias of the District of New Mexico, Carol Lam of the Southern District of California, John McKay of the Western District of Washington and Kevin Ryan of the Northern District of California.[^12]
The Inspector General and the Office of Professional Responsibility opened a joint investigation in March 2007 and conducted about ninety interviews. [[Monica Goodling]], the Department's former White House liaison, declined to be interviewed and testified before the House Judiciary Committee on May 23, 2007, under an immunity grant.[^12] The joint report, issued in September 2008 as *An Investigation into the Removal of Nine U.S. Attorneys in 2006*, concluded that the selection and removal process was "fundamentally flawed," and that [[Alberto Gonzales]] and [[Paul McNulty]] "failed to adequately supervise" it.[^13]
The report concluded that complaints from New Mexico Republican politicians and party activists about Iglesias's handling of voter fraud and public corruption cases caused his removal, and that the other reasons offered after the removal were after-the-fact rationalizations. It found that [[Kyle Sampson]] placed Iglesias on the removal list based on those complaints and on Senator [[Pete Domenici]]'s "loss of confidence" in him, and that the Department removed Iglesias without any inquiry into his handling of the cases.[^13] For Graves, the report found that the primary reason was complaints from the staff of Senator [[Christopher S. Bond]] of Missouri. The director of the Executive Office for United States Attorneys, [[Michael Battle]], who placed the call telling Graves to resign, said he did so at Goodling's direction and that she did not provide him with the reasons.[^14] [[Karl Rove]], [[Harriet Miers]], Goodling and Domenici declined to be interviewed, and the White House declined to provide its internal e-mails and documents about the removals.[^15] Goodling was the only official who said she recommended Bogden's removal, and she denied that her recommendation was the cause of it.[^16]
### District of Columbia
The District of Columbia office ([[U.S. Attorney's office]]) also prosecutes local crime in the Superior Court, a function no other U.S. Attorney's office performs, and its history is the starting point of the PROMIS record. [[Thomas A. Flannery]] was United States Attorney for the District of Columbia from 1969 to 1971, nominated to the federal bench in November 1971 and confirmed on December 1, 1971, according to the Federal Judicial Center's directory.[^17] In 1969 his office commissioned the case-tracking system that became PROMIS. It was funded by a $60,000 grant from the [[LEAA]], administered through [[Peat, Marwick, Mitchell & Co]], and designed by a team that included [[Joan E. Jacoby]] of the [[Office of Crime Analysis of the District of Columbia]] and [[Charles R. Work]], then deputy chief of the office's Superior Court Division.[^18][^19] The system was deployed on January 1, 1971.[^18]
[[Harold H. Titus Jr.]] succeeded Flannery as United States Attorney under President [[Richard Nixon]]. In February 1973, during his tenure, the decision was made to upgrade PROMIS to a real-time online system capable of tracking more than 160 variables per case.[^18] The office's civil chief was [[Royce Lamberth]]. In 1987, weeks before joining the federal bench, Lamberth delivered a transcript of [[George Francis Bason, Jr.|Judge Bason]]'s oral ruling in the INSLAW dispute to the judge chairing the panel that selected Bason's successor, according to the House Judiciary Committee's report on the affair.[^18]
[[Earl Silbert]] held the office from 1974 to 1979, the period of the 1976 investigation of the murder of [[Orlando Letelier]] and [[Ronni Moffitt]]; the office assigned a prosecutor from its major crimes unit, [[Eugene Propper]], then an assistant United States attorney in Washington.[^20][^21][^22] During the Letelier trial the witness Townley was held in the offices of the Major Crimes Unit, with the knowledge of Propper and [[E. Lawrence Barcella, Jr.]][^23] [[Joseph E. diGenova]] was appointed by President [[Ronald Reagan]] and served as United States Attorney for the District of Columbia from 1983 to 1988.[^24] He held the office in December 1985, when a United States delegation went to Israel to pursue the investigation of [[Jonathan Pollard]]. [[Mark M. Richard]] recorded that in 1986 [[Leonard Garment]] informed diGenova and Richard that he was withdrawing from representing the Israeli officer [[Aviem Sella]] in the Pollard matter.[^25] In the summer of 1985 Barcella gave a legal opinion clearing a private shipment of Soviet-bloc rifles, machine guns and grenades, as the [[Hartford Courant]] reported in 1992.[^26]
### Southern District of New York
The district's office ([[U.S. Attorney's Office for the Southern District of New York]]) has had many holders. [[Robert Morgenthau]], later the Manhattan District Attorney, was United States attorney for the district after his appointment by President [[John F. Kennedy]].[^27] [[Rudolph Giuliani]] was nominated by President Reagan in 1983 as United States Attorney for the district, to the vacancy of John S. Martin Jr., and held the office through the 1980s.[^28] His office prosecuted the [[Hashemi Sting]], the Customs undercover operation against arms sales to Iran that used [[Cyrus Hashemi]] as its principal informant.[^29] In 1990 Assistant United States Attorney [[Baruch Weiss]] prosecuted [[Ari Ben-Menashe]] for conspiracy to sell C-130 aircraft to Iran. Weiss told the press that Ben-Menashe was merely a translator for Israeli military intelligence from 1977 to 1987, and two defendants were acquitted, according to the Washington Post report of the verdict.[^30]
[[Geoffrey Berman]] was the United States Attorney for the district from January 2018 until June 20, 2020. His office indicted Epstein in July 2019 on sex trafficking charges, and the office later charged [[Ghislaine Maxwell]].[^31] On the night of June 19, 2020, Attorney General [[William Barr]] announced that Berman was stepping down and that the President would nominate Jay Clayton in his place, with [[Craig Carpenito]], the U.S. Attorney for New Jersey, to serve in the interim, while the office was investigating Trump's lawyer Rudolph Giuliani. Berman answered that he had not resigned and would not quit; on June 20 Barr wrote that he had asked the President to remove him.[^32][^33] Clayton was sworn in as interim United States Attorney in April 2025 on appointment by the Attorney General.[^34] He was assigned, in November 2025, by Attorney General [[Pam Bondi]], to investigate Epstein's dealings with named individuals, including [[Bill Clinton]] and [[Larry Summers]].[^35]
### Southern District of Florida
The Southern District of Florida office ([[U.S. Attorney's Office for the Southern District of Florida]]) was headed in 1988 by [[Dexter Lehtinen]]. The Department's bulletin for July 15, 1988 records that, effective June 17, 1988, he took the oath of office as Interim United States Attorney for the district.[^36] The Senate's 1992 report on BCCI calls him "the former U.S. Attorney for the Southern District of Florida, Dexter Lehtinen," among the critics of the Justice Department's handling of the bank.[^37] In October 1988 the Miami office indicted members of a Jamaican posse, and Lehtinen was quoted on the first time a Jamaican drug gang had been indicted.[^38] [[Jonathan Beaty]] and [[S. C. Gwynne]] wrote in *The Outlaw Bank* that the former United States Attorney in Miami, Lehtinen, had a request to bring BCCI-related indictments in Miami that was held back.[^39]
[[Alexander Acosta]] was the United States Attorney for the district when the office resolved the federal investigation of Epstein in 2007 and 2008. The Office of Professional Responsibility's report of November 2020 found that the office resolved the federal investigation through a state-based plea, and that Acosta "made the pivotal decision" to do so.[^40] The non-prosecution agreement was signed on September 24, 2007. Epstein pleaded guilty in state court on June 30, 2008.[^40] The report found that Acosta had "plenary authority" under federal law and Department policy to resolve the case as he deemed appropriate, and that the decision was not shown to have been motivated by improper factors. It found that Acosta did not engage in professional misconduct, while concluding that his decision to resolve the federal case through the [[Epstein non-prosecution agreement]] was "poor judgment." It also found that he elected to defer to the state on whether to notify victims of the state plea hearing.[^41] On July 10, 2019 Acosta told a press conference that the Palm Beach State Attorney's Office "was ready to allow Epstein to walk free with no jail time, nothing."[^42] Acosta submitted his resignation as Secretary of Labor on July 12, 2019.[^42]
The report's five subjects were Acosta, [[Jeffrey Sloman]], [[Matthew Menchel]], [[Andrew Lourie]] and [[Ann Marie Villafana]], the last of whom was the line prosecutor on the federal file.[^42] In early November 2006 a former U.S. Attorney for the district, who then represented Epstein, made an overture to Villafana on his behalf, a telephone call that Sloman joined.[^42] In 2019 the court in [[Doe v. United States]] wrote that "[p]articularly problematic was the Government's decision to conceal the existence of the NPA and mislead the victims to believe that federal prosecution was still a possibility."[^43] When Acosta left in June 2009 Sloman became Acting U.S. Attorney, and in January 2010 the Attorney General appointed him Interim U.S. Attorney; he left in June 2010, and the whole district office was formally recused from the Epstein matter in July and August 2011.[^44]
The office also appears in the Contra period. [[Howard Teicher]], a member of the [[National Security Council]] staff from 1982 to 1987, signed a declaration on January 31, 1995 in the Cardoen case in the Southern District of Florida, filed the next day with a defense motion. It stated: "Under CIA Director Casey and Deputy Director Gates, the CIA authorized, approved and assisted Cardoen in the manufacture and sale of cluster bombs and other munitions to Iraq."[^45] He had been retained in December 1994 by attorneys for Teledyne, a co-defendant, who prepared the declaration and faxed it to him.[^46] On November 8, 1996 the office, through United States Attorney [[William A. Keefer]] and Assistant United States Attorney [[Frank H. Tamen]], filed a notice of corrective declaration, with a declaration of Teicher dated October 31, 1996. In it Teicher stated that the references in paragraphs 15 through 18 to what his files "will contain" were beliefs and "my best memory and belief," that he had not reviewed or indexed his files on leaving the NSC staff and had not seen most of them since 1987, that he was "not aware of any specific evidence that the United States government or any government official or agency took steps to help Cardoen obtain any U.S.-origin components for use in cluster bombs," and that paragraph 17, on an arrest of [[Carlos Cardoen]], was otherwise incorrect.[^46]
### Middle District of Florida
The Tampa office, which sits in the Middle District of Florida, was headed from September 1988 to June 1993 by [[Robert Genzman]], who succeeded [[Robert Merkle]] after Merkle resigned to run for the Senate.[^47] His first assistant from February 1989 was [[Greg Kehoe]], previously an assistant United States attorney in the Southern District of Florida.[^48] The Senate's 1992 report on BCCI recorded that in the fall of 1988 the Justice Department did not approve a RICO prosecution of the bank, "for reasons that were never explained to the Customs agents." Genzman told the subcommittee that RICO charges "would have complicated an already complicated case."[^49] The report wrote that "[t]he January 1990 plea agreement between BCCI and the U.S. Attorney in Tampa kept BCCI alive," and wrote that the Justice Department "stopped investigating BCCI entirely" soon after it.[^50] The office also appears in the sentencing, in [[Tampa, Florida|Tampa]], of [[Brandon Russell]] on January 9, 2018, at which United States Attorney [[Maria Chapa Lopez]] appeared for the government.[^51]
### Northern District of California
The San Francisco office was headed in the 1980s by [[Joseph Russoniello]], United States Attorney for the district from 1982 to 1990 and again from 2008 to 2010.[^52] The Department's Inspector General recorded that in 1983 the office declined prosecution of [[Norwin Meneses]] in a tax case because of weak or insufficient evidence, and the [[Internal Revenue Service]] concurred.[^53] In February 1987 the United States Attorney's offices, along with the [[Drug Enforcement Administration|DEA]] and FBI, agreed that Meneses could serve as a source in the Los Angeles investigation of [[Danilo Blandon]], provided he pleaded guilty to a cocaine charge based on his trafficking in San Francisco. In July 1987 prosecution was declined in the Los Angeles investigation and that case was closed, partly because of Meneses's unwillingness to cooperate.[^54] [[Gary Webb]] wrote that Russoniello's office rejected the Meneses case in February 1987.[^55]
A letter that [[Ben Kalka]] signed in April 2000, in connection with a sentence reduction, is described by [[Cheri Seymour]] as stating that he had not obtained his precursors from the government, and as written by [[William Shockley]], whom she describes as a United States Attorney in San Francisco.[^56]
The Customs Service opened a criminal investigation in 1993 into whether [[Phil Zimmermann]] had violated export controls when [[Pretty Good Privacy]] traveled abroad, and the investigation was run out of the office of the United States Attorney for the Northern District of California. Zimmermann faced the prospect of indictment for three years.[^57]
### Eastern District of California
The Eastern District of California covers Fresno, Sacramento and Mariposa County, the setting of the "[[Queen's Accident]]." [[David F. Levi]] was United States Attorney for the district from 1986 to 1990, after serving as an assistant from 1983 to 1986, and became a judge of the district in 1990.[^58] [[Ben Wagner]] named Levi, as United States Attorney, in a writ of mandamus against him and others, including [[John Van de Kamp]] and [[George Deukemejian]], seeking an investigation of corruption in Mariposa County.[^59]
The district's assistant United States attorneys in the same episode were [[James White]] in Fresno and [[Brian Leighton]], who prosecuted members of [[The Company]]. White ordered the files of [[Dr. Arthur Dahlem]] seized to prove the drug use of the sergeant [[Roderick Sinclair]]. [[Robert E. Coyle]] of the [[United States District Court]] then ordered White to drop the criminal investigation of Sinclair, and Coyle held that the drug records could not be used in court.[^60] Before he resigned, White filed the trial transcripts and an affidavit listing drugs Sinclair had used with [[Stephan LaPalm]], an employee of the Sacramento office.[^60]
### Massachusetts and Western Pennsylvania
[[Elliot Richardson]] was United States Attorney for the District of Massachusetts from 1959 to 1961, before his service as Lieutenant Governor, Attorney General of Massachusetts and, under President Nixon, Attorney General of the United States; he later served as INSLAW's lead outside counsel.[^61] [[William F. Weld]] was the United States Attorney in Boston in 1985. A letter dated May 16, 1985, signed by [[William Bradford Reynolds]], the Assistant Attorney General for Civil Rights, and addressed to Weld, named [[Manucher Ghorbanifar]], [[Adnan Khashoggi]] and [[Richard Armitage]] in connection with an arms transaction. [[Bill Hamilton]] of [[INSLAW]] obtained the letter in late 2004, and Reynolds authenticated it in 2005.[^62]
[[Richard Thornburgh]] was the United States Attorney for the Western District of Pennsylvania from 1969 to 1975, appointed by President Nixon. He later served as Attorney General from 1988 to 1991, and the [[House Committee on the Judiciary|House Judiciary Committee]]'s 1992 report on the INSLAW affair said that Meese and Thornburgh "blocked or restricted congressional inquiries" and refused to seek an independent counsel.[^63][^64]
### New Jersey and Northern Georgia
[[Frederick Lacey]] was the United States Attorney for the District of New Jersey from 1969 to 1971, according to the Federal Judicial Center's entry for him; he was nominated to the federal bench on October 7, 1970, confirmed six days later, and sat on the [[Foreign Intelligence Surveillance Court]] from 1979 to 1985.[^65] In October 1992 Attorney General William Barr appointed Lacey special counsel for the BNL Scandal, concerning the Atlanta branch of the [[Banca Nazionale del Lavoro]]. Lacey reported on December 9, 1992 that there were no grounds for an independent counsel. He also wrote that he had "seen nothing" to suggest that [[Brent Scowcroft]] and [[Lawrence Eagleburger]] knew of the loans, and part of his report was classified.[^66]
The Atlanta office's acting United States Attorney, [[Joseph D. Whitley]], took over on June 1, 1990 and recused himself from the bank case the same day, because his former firm had represented [[Matrix Churchill]]. Lacey wrote that the recusal was verbal on June 1 and confirmed in writing a week later.[^66] The [[Senate Select Committee on Intelligence]] found in February 1993 that the CIA's grounds for withholding reports from prosecutors had "no legal support," and did not find deliberate concealment.[^67]
### Other districts
[[William Sessions]], later Director of the FBI from 1987 to 1993, was United States Attorney for the Western District of Texas from 1971 to 1974, after serving as chief of the Government Operations Section of the Criminal Division from 1969 to 1971, and was nominated to the district court by President [[Gerald Ford]] in December 1974.[^68] [[William J. Donovan]], the founder of the [[Office of Strategic Services|OSS]], served as United States Attorney for the Western District of New York before running for Governor of New York in 1932.[^69] [[Asa Hutchinson]] was appointed United States attorney for the Western District of Arkansas by President Reagan in 1982 and assigned the IRS criminal investigator [[William Duncan]] to watch for money laundering around the Mena airport, where the aircraft of [[Barry Seal]] were based; Duncan said he asked Hutchinson in mid-1985 for 20 subpoenas.[^70] On October 7, 1955 the United States Attorney for Maine, [[Peter Mills]], and the FDA General Counsel, [[Joseph Maguire]], described to the FBI's [[Louis B. Nichols]] a conversation with the former attorney of [[Wilhelm Reich]].[^71]
In the Virgin Islands, [[David M. Nissman]], United States Attorney for the district, announced with Assistant Attorney General [[Christopher Wray]] the August 12, 2004 wire fraud indictment of the territorial senator [[Carlton Dowe]].[^72] In Arizona, [[Timothy Courchaine]], appointed United States Attorney by Attorney General Pamela Bondi on February 28, 2025, filed the 2025 indictment of [[Baron Cain Martin]] in the [[764]] network case.[^73] In the Eastern District of Pennsylvania the office told a city judge in August 2026 that it would handle the case of [[Eugene Horsch]], after the Philadelphia District Attorney's Office withdrew its state gun and drug counts.[^74]
### Central District of California
The [[LASD Major Violators]] documents, seized from the Los Angeles County Sheriff's Department, were copied by federal agents in late 1986. The Inspector General concluded that no evidence was removed from Sheriff's custody, but could not locate the copies in FBI files, in the files of the Los Angeles United States Attorney, or at the DEA, which agents said had seen them in the U.S. Attorney's office in 1990.[^75]
### Footnotes
[^1]: 28 U.S.C. 541, "United States attorneys," subsections (a) to (c). https://www.law.cornell.edu/uscode/text/28/541
[^2]: U.S. Department of Justice, Office of the Inspector General and Office of Professional Responsibility, *An Investigation into the Removal of Nine U.S. Attorneys in 2006,* September 2008, ch. 2 (jurisdiction and duties, the count of 93 U.S. Attorneys, selection and the EOUSA role, interim appointments before 2006). https://oig.justice.gov/sites/default/files/archive/special/s0809a/chapter2.htm
[^3]: 28 U.S.C. 542, "Assistant United States attorneys," subsection (b). https://www.law.cornell.edu/uscode/text/28/542
[^4]: 28 U.S.C. 547, "Duties." https://www.law.cornell.edu/uscode/text/28/547
[^5]: OIG/OPR, *An Investigation into the Removal of Nine U.S. Attorneys in 2006,* ch. 2, citing *Parsons v. United States,* 167 U.S. 324, 343 (1897). https://oig.justice.gov/sites/default/files/archive/special/s0809a/chapter2.htm
[^6]: Blue slip process as described in OIG/OPR, *An Investigation into the Removal of Nine U.S. Attorneys in 2006,* ch. 2, on the blue slip process. https://oig.justice.gov/sites/default/files/archive/special/s0809a/chapter2.htm
[^7]: Public Law 109-177, title V, section 502 (March 2006), as described in OIG/OPR, *An Investigation into the Removal of Nine U.S. Attorneys in 2006,* ch. 2. https://oig.justice.gov/sites/default/files/archive/special/s0809a/chapter2.htm
[^8]: Public Law 110-34, section 3, 121 Stat. 224 (June 14, 2007), as recorded in the amendments and statutory notes to 28 U.S.C. 546. https://www.law.cornell.edu/uscode/text/28/546
[^9]: 28 U.S.C. 546, "Vacancies," subsections (a) to (d) as currently in force. https://www.law.cornell.edu/uscode/text/28/546
[^10]: United States District Court for the Southern District of New York, press advisory, August 18, 2025 (appointment under 28 U.S.C. 546(d) effective August 20, 2025). https://www.nysd.uscourts.gov/sites/default/files/2025-08/Press%20Advisory.pdf
[^11]: Notus report on the Third Circuit decision of December 1, 2025 on the disqualification of Alina Habba as acting United States Attorney for New Jersey, reprinted by the Washington Sun, December 1, 2025. The quoted sentence is as the report quotes the court. https://washingtonsun.com/courts/alina-habba-new-jersey-disqualified?redirected=notus_org
[^12]: U.S. Department of Justice, OIG/OPR, *An Investigation into the Removal of Nine U.S. Attorneys in 2006,* ch. 1 (the December 7, 2006 resignations, the Graves and Cummins removals, the joint investigation and approximately ninety interviews, Goodling's immunized testimony of May 23, 2007). https://oig.justice.gov/sites/default/files/archive/special/s0809a/chapter1.htm
[^13]: OIG/OPR, *An Investigation into the Removal of Nine U.S. Attorneys in 2006,* ch. 13, "Conclusions" (the process "fundamentally flawed"; the supervision of Gonzales and McNulty; the Iglesias findings; the Sampson placement). https://oig.justice.gov/sites/default/files/archive/special/s0809a/chapter13.htm
[^14]: OIG/OPR, *An Investigation into the Removal of Nine U.S. Attorneys in 2006,* ch. 13, on Battle's account of the Graves call. https://oig.justice.gov/sites/default/files/archive/special/s0809a/chapter13.htm
[^15]: OIG/OPR, *An Investigation into the Removal of Nine U.S. Attorneys in 2006,* ch. 1 (witnesses who declined interviews, including Rove, Miers, Goodling and Domenici, and the White House documents withheld). https://oig.justice.gov/sites/default/files/archive/special/s0809a/chapter1.htm
[^16]: OIG/OPR, *An Investigation into the Removal of Nine U.S. Attorneys in 2006,* ch. 13, on the Bogden removal and Goodling's denial. https://oig.justice.gov/sites/default/files/archive/special/s0809a/chapter13.htm
[^17]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, entry for Flannery, Thomas Aquinas (U.S. attorney for the District of Columbia, 1969 to 1971; assistant U.S. attorney, 1950 to 1962; nominated by Richard M. Nixon on November 18, 1971, confirmed December 1, 1971). https://www.fjc.gov/history/judges/flannery-thomas-aquinas
[^18]: U.S. House of Representatives, Committee on the Judiciary, *The INSLAW Affair: Investigative Report,* H. Rept. 102-857, 102nd Congress, 2nd Session, September 10, 1992, on the 1969 design team, the January 1, 1971 deployment, the February 1973 upgrade under Titus, the Lamberth transcript and the Thornburgh and Meese findings. https://archive.org/details/InslawAffairInvestigativeReport
[^19]: Peat, Marwick, Mitchell & Co., *System Overview and Report Formats for PROMIS* (May 1971), prepared for the District of Columbia Government Office of Crime Analysis under LEAA Grant No. 70-DF-047, NCJ 32469. https://www.ojp.gov/pdffiles1/Digitization/32469NCJRS.pdf
[^20]: Dinges, John, and Saul Landau, *Assassination on Embassy Row* (Pantheon, 1980; McGraw-Hill, 1981), pp. 211 and 229 to 236, on the Letelier investigation and the assignment of the case under United States Attorney Earl Silbert. https://archive.org/details/assassination-on-embassy-row
[^21]: Dinges and Landau, *Assassination on Embassy Row,* pp. 242 to 243, on Propper's assignment to the Letelier murder. https://archive.org/details/assassination-on-embassy-row
[^22]: Historical Society of the District of Columbia Circuit, "Biographical Sketch of Earl J. Silbert" (Department of Justice and U.S. Attorney's Office, D.C., 1960 to 1974; United States Attorney, D.C., 1974 to 1979). https://dcchs.org/sb_pdf/biographical-sketch-silbert/
[^23]: Federal Bureau of Investigation, Washington field office file WF 185-425 (Chilbom): FD-302 reports of interviews of Michael Vernon Townley by SAs Robert W. Scherrer and L. Carter Cornick Jr., February 6, 8 and 9, 1979, and a later undated interview; FBI translation of cassette Q188. https://www.latinamericanstudies.org/MNC/Letelier-townley-phone.pdf
[^24]: U.S. Department of Justice, U.S. Attorney's Office, Southern District of Florida, "Joseph E. diGenova Sworn in as Counselor to the Attorney General" (from 1983 to 1988 appointed by President Reagan as United States Attorney for the District of Columbia). https://www.justice.gov/usao-sdfl/pr/joseph-e-digenova-sworn-counselor-attorney-general
[^25]: National Security Archive, Electronic Briefing Book 407, "Decade of the Spy," undated counterintelligence history extract, Doc. 14, on the December 1985 delegation and the 1986 withdrawal of Garment. https://nsarchive2.gwu.edu/NSAEBB/NSAEBB407/docs/EBB-PollardDoc14.pdf
[^26]: *Hartford Courant,* May 29, 1992, quoting Barcella that "somebody in the government came to me."
[^27]: Beaty, Jonathan, and S. C. Gwynne, *The Outlaw Bank: A Wild Ride into the Secret Heart of BCCI* (Random House, 1993), p. 49.
[^28]: *Public Papers of the Presidents: Ronald Reagan, 1983,* Appendix B, Nominations Submitted to the Senate (Rudolph W. Giuliani, of New York, to be United States Attorney for the Southern District of New York for the term of 4 years, vice John S. Martin, Jr.). https://www.reaganlibrary.gov/1983-public-papers-president-appendix-b
[^29]: Ben-Menashe, Ari, *Profits of War: Inside the Secret U.S.-Israeli Arms Network* (Sheridan Square Press, 1992; TrineDay reprint, 2015), on the prosecution of the sting by the office.
[^30]: "2 Acquitted of Trying to Sell Military Cargo Planes to Iran," *The Washington Post,* November 29, 1990, dateline New York, November 28, with the statement of Assistant U.S. Attorney Baruch Weiss. https://www.washingtonpost.com/archive/politics/1990/11/29/2-acquitted-of-trying-to-sell-military-cargo-planes-to-iran/2918bfd6-89a7-441a-a124-3b1916e90321/
[^31]: United States v. Epstein, No. 1:19-cr-00490-RMB (S.D.N.Y.), docket (indictment filed July 2, 2019; attorneys of record including Assistant U.S. Attorneys Maurene Comey, Alex Rossmiller and Alison Moe, under U.S. Attorney Geoffrey Berman). https://www.courtlistener.com/docket/15887848/united-states-v-epstein/
[^32]: Kimball, Spencer, "Attorney General Barr tells top Manhattan prosecutor Berman he is fired amid power struggle," *CNBC,* June 20, 2020. https://www.cnbc.com/2020/06/20/attorney-general-barr-tells-manhattan-us-attorney-berman-he-is-fired-amid-power-struggle.html
[^33]: "Geoffrey Berman, U.S. Attorney Who Prosecuted Trump Allies, Says He Won't Quit," *NPR,* June 20, 2020. https://www.npr.org/2020/06/20/881148365/geoffrey-berman-u-s-attorney-who-prosecuted-trump-allies-says-he-wont-quit
[^34]: "Jay Clayton Appointed US Attorney for SDNY," *Yonkers Times,* April 28, 2025. https://yonkerstimes.com/jay-clayton-appointed-us-attorney-for-sdny/
[^35]: "Bondi taps acting U.S. Attorney Jay Clayton to probe Democrats' ties to Epstein," *The Washington Times,* November 14, 2025. https://www.washingtontimes.com/news/2025/nov/14/bondi-taps-acting-us-attorney-jay-clayton-probe-democrats-ties/
[^36]: *United States Attorneys' Bulletin,* vol. 36, July 15, 1988, p. 166, "Personnel": Dexter Lehtinen took the oath of office, effective June 17, 1988, as Interim United States Attorney for the Southern District of Florida. https://www.justice.gov/sites/default/files/usao/legacy/2010/10/12/usab3607.pdf
[^37]: Kerry, John, and Hank Brown, *The BCCI Affair: A Report to the Committee on Foreign Relations, United States Senate,* S. Prt. 102-140, December 1992, ch. 8, "BCCI and Law Enforcement: The Justice Department and the U.S. Customs Service." https://irp.fas.org/congress/1992_rpt/bcci/08just.htm
[^38]: "More than 200 roped in drug posse roundup," *Deseret News,* October 14, 1988. https://www.deseret.com/1988/10/14/18780521/more-than-200-roped-in-drug-posse-roundup/
[^39]: Beaty, Jonathan, and S. C. Gwynne, *The Outlaw Bank: A Wild Ride into the Secret Heart of BCCI* (Random House, 1993). Internet Archive copy, identifier outlawbank00jona. https://archive.org/details/outlawbank00jona
[^40]: U.S. Department of Justice, Office of Professional Responsibility, Executive Summary, "Investigation into the U.S. Attorney's Office for the Southern District of Florida's Resolution of Its 2006-2008 Federal Criminal Investigation of Jeffrey Epstein and Its Interactions with Victims during the Investigation," November 2020, pp. v to vii (the "pivotal decision," the NPA signed September 24, 2007, and the June 30, 2008 state plea). https://www.justice.gov/opr/page/file/1336471/dl
[^41]: OPR, Executive Summary, November 2020 (findings on professional misconduct, the "poor judgment" conclusion, and the decision to defer to the state on victim notification of the plea hearing). https://www.justice.gov/opr/page/file/1336471/dl
[^42]: OPR, Executive Summary, November 2020 (the five subjects of the review; Acosta's resignation of July 12, 2019; the November 2006 overture by a former U.S. Attorney). https://www.justice.gov/opr/page/file/1336471/dl
[^43]: Opinion and Order, *Jane Doe 1 and Jane Doe 2 v. United States,* No. 9:08-cv-80736-KAM (S.D. Fla. Feb. 21, 2019), ECF No. 435 (Marra, J.), p. 27. https://storage.courtlistener.com/recap/gov.uscourts.flsd.317867/gov.uscourts.flsd.317867.435.0.pdf
[^44]: U.S. Department of Justice, Epstein Library, EFTA00224943, DataSet 9, "Epstein Investigation Timeline," Exhibit A-1, May 2006 to August 2011. https://www.justice.gov/epstein/files/DataSet%209/EFTA00224943.pdf
[^45]: Declaration of Howard R. Teicher, executed January 31, 1995, *United States v. Carlos Cardoen et al.,* No. 93-241-CR-Highsmith (S.D. Fla.), paragraphs 1 to 18. National Security Archive Electronic Briefing Book No. 82, document 61. https://nsarchive2.gwu.edu/NSAEBB/NSAEBB82/iraq61.pdf
[^46]: Notice of Filing Corrective Declaration (U.S. Attorney William A. Keefer, by AUSA Frank H. Tamen) with Declaration of Howard R. Teicher dated October 31, 1996, *United States v. Carlos Cardoen et al.,* No. 93-241-CR-Highsmith (S.D. Fla.), docket entry 679, certificate of service November 8, 1996, paragraphs 1 to 7. https://archive.org/details/utf-893cr-241-de-679
[^47]: Leusner, Jim, "Robert Genzman" (obituary), *Orlando Sentinel,* May 13, 1998. https://www.findagrave.com/memorial/138851192/robert-w_-genzman
[^48]: U.S. House of Representatives, October Surprise Task Force, *Joint Report of the Task Force to Investigate Certain Allegations Concerning the Holding of American Hostages by Iran in 1980,* H. Rept. 102-1102, January 3, 1993 (staff biographies, Minority Staff). https://archive.org/details/6199732-Joint-Report-of-the-October-Surprise-Task-Force
[^49]: Kerry and Brown, *The BCCI Affair,* ch. 8, on the RICO decision and Genzman's testimony. https://irp.fas.org/congress/1992_rpt/bcci/08just.htm
[^50]: Kerry and Brown, *The BCCI Affair,* ch. 8, on the January 1990 plea agreement and the Justice Department's conduct after it. https://irp.fas.org/congress/1992_rpt/bcci/08just.htm
[^51]: *United States v. Russell,* No. 8:17-cr-00283 (M.D. Fla. Jan. 9, 2018), CourtListener docket. https://www.courtlistener.com/docket/6072023/united-states-v-russell/
[^52]: Former United States Attorneys Association, "Joe Russoniello Joins Browne George Ross," July 2013 ("Russoniello served as the United States Attorney for the Northern District of California 1982-1990, and again in 2008-2010"). https://www.nafusa.org/2013/07/joe-russoniello-joins-browne-george-ross/
[^53]: U.S. Department of Justice, Office of the Inspector General, *The CIA-Contra-Crack Cocaine Controversy* (December 1997), ch. III, part 1, on the 1983 tax case. https://oig.justice.gov/sites/default/files/archive/special/9712/ch03p1.htm
[^54]: U.S. Department of Justice, Office of the Inspector General, *The CIA-Contra-Crack Cocaine Controversy* (December 1997), ch. III, part 2, on the February 1987 agreement among the United States Attorney's offices and the July 1987 declination. https://oig.justice.gov/sites/default/files/archive/special/9712/ch03p2.htm
[^55]: Webb, Gary, *Dark Alliance: The CIA, the Contras, and the Crack Cocaine Explosion* (Seven Stories Press, 1998), ch. 15. Webb's account is attributed to Webb.
[^56]: Seymour, Cheri, *The Last Circle: Danny Casolaro's Investigation into the Octopus and the PROMIS Software Scandal* (TrineDay, 2010), pp. 340 to 344 and 404 to 405, on the Kalka letter, the April 2000 release and the attribution of the letter to Shockley.
[^57]: Levy, Steven, *Crypto: How the Code Rebels Beat the Government, Saving Privacy in the Digital Age* (Viking, 2001), on the 1993 Customs investigation of Zimmermann run from the Northern District of California.
[^58]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, entry for Levi, David F. (assistant U.S. attorney, Eastern District of California, 1983 to 1986; U.S. attorney, 1986 to 1990; judge from October 1, 1990). https://www.fjc.gov/history/judges/levi-david-f
[^59]: Writ of mandamus petition filed by Ben Wagner naming David F. Levi and others.
[^60]: *LaBarge v. County of Mariposa,* 798 F.2d 364 (9th Cir. 1986), on the Queen's Accident litigation; and Seymour, *The Last Circle,* on the Coyle and White passages.
[^61]: Biographical Directory of the United States Congress; Harvard Law School alumni records.
[^62]: Seymour, *The Last Circle,* pp. 363 to 364, on the May 16, 1985 letter, its provenance, and its signatories, and Reynolds's 2005 authentication of it.
[^63]: "Richard Lewis Thornburgh," Office of the Attorney General, U.S. Department of Justice, *Attorneys General of the United States;* "Richard Thornburgh," Miller Center of Public Affairs, University of Virginia.
[^64]: House Judiciary Committee, *The INSLAW Affair,* H. Rept. 102-857 (1992), as in note 18, on the blocked congressional inquiries and the independent counsel refusal.
[^65]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, entry for Lacey, Frederick Bernard (U.S. attorney, District of New Jersey, 1969 to 1971; nominated October 7, 1970; Foreign Intelligence Surveillance Court, 1979 to 1985). https://www.fjc.gov/history/judges/lacey-frederick-bernard
[^66]: Lacey, Frederick B., "The Banca Nazionale del Lavoro Investigation: Report of the Independent Counsel," reproduced in House Committee on Banking, Finance and Urban Affairs, *Testimony of Former Employees of the Banca Nazionale del Lavoro,* Serial No. 103-95 (1994), pp. 514 to 515. https://archive.org/details/testimonyofforme1994unit
[^67]: Senate Select Committee on Intelligence, *The Intelligence Community's Involvement in the Banca Nazionale del Lavoro (BNL) Affair,* Committee Print S. Prt. 103-12, February 1993, pp. 4 to 5.
[^68]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, entry for Sessions, William Steele (chief, Government Operations Section, Criminal Division, 1969 to 1971; U.S. attorney, Western District of Texas, 1971 to 1974; nominated by Gerald Ford December 11, 1974; Director of the FBI, 1987 to 1993). https://www.fjc.gov/history/judges/sessions-william-steele
[^69]: Troy, Thomas F., *Donovan and the CIA: A History of the Establishment of the Central Intelligence Agency* (CIA Center for the Study of Intelligence, 1981).
[^70]: Leveritt, Mara, "Who's afraid of Barry Seal?" *Arkansas Times,* September 28, 2017. https://arktimes.com/news/cover-stories/2017/09/28/whos-afraid-of-barry-seal
[^71]: L. B. Nichols to Mr. Tolson, office memorandum of October 7, 1955, "Wilhelm Reich," Wilhelm Reich FBI file, Part 2. https://archive.org/details/WilhelmReichFBI
[^72]: U.S. Department of Justice, Office of Public Affairs, "Virgin Islands Senator Indicted on Fraud and Theft Charges," press release 04-560, August 13, 2004. https://www.justice.gov/archive/opa/pr/2004/August/04_crm_560.htm
[^73]: U.S. Department of Justice, Office of Public Affairs, "Arizona Leader of Violent Extremist Network '764' Charged with Running a Child Exploitation Enterprise, Supporting Terrorists, Producing and Distributing Child Pornography, and Other Crimes," press release, October 31, 2025. https://www.justice.gov/opa/pr/arizona-leader-violent-extremist-network-764-charged-running-child-exploitation-enterprise
[^74]: Rushing, Ellie. "Feds will take over gun case of Olney man at center of missing women investigation, as Philly DA withdraws charges," *The Philadelphia Inquirer,* August 6, 2026. https://www.inquirer.com/crime/eugene-horsch-federal-charges-olney-missing-women-20260806.html
[^75]: Los Angeles County Sheriff's Office, Inspector General account of the Major Violators documents.

View file

@ -0,0 +1,487 @@
---
aliases:
- D.C. Circuit
- D.C. Cir.
- U.S. Court of Appeals for the D.C. Circuit
- U.S. Court of Appeals for the District of Columbia Circuit
- Court of Appeals for the District of Columbia Circuit
category: "Law Enforcement & Legal"
tags:
- Organization
- FederalJudiciary
- AppellateCourt
- IndependentCounsel
- IranContra
- Inslaw
- LetelierMurder
- Glomar
- FOIA
- Scientology
- UriGeller
- DOGE
- AssociatedPress
summary: "The federal appellate court for the District of Columbia, whose rulings on independent counsels, Iran-Contra convictions, Glomar responses, INSLAW, the Letelier case and the 2025 Musk and press-access cases are documented here."
location: "Washington, D.C."
start: 1893-02-09
created: 2026-10-15
updated: 2026-10-15
relations:
- type: appointed
with: "[[Lawrence Walsh]]"
reverse: true
role: "independent counsel for Iran/contra matters, appointed by the Special Division of the court"
start: 1986-12-19
fn: 24
- type: member_of
with: "[[Patricia Wald]]"
reverse: true
role: "judge"
start: 1979-07-26
end: 1999-11-16
fn: 15
- type: member_of
with: "[[Kenneth Starr]]"
reverse: true
role: "judge"
start: 1983-09-20
end: 1989-05-26
fn: 17
- type: member_of
with: "[[Robert Bork]]"
reverse: true
role: "judge"
start: 1982-02-08
end: 1988-02-05
fn: 3
- type: member_of
with: "[[Antonin Scalia]]"
reverse: true
role: "judge"
start: 1982-08-17
end: 1986-09-26
fn: 4
- type: member_of
with: "[[Ruth Bader Ginsburg]]"
reverse: true
role: "judge"
start: 1980-06-18
end: 1993-08-10
fn: 5
- type: member_of
with: "[[Clarence Thomas]]"
reverse: true
role: "judge"
start: 1990-03-06
end: 1991-10-23
fn: 6
- type: member_of
with: "[[John Roberts]]"
reverse: true
role: "judge"
start: 2003-06-02
end: 2005-09-29
fn: 7
- type: member_of
with: "[[Brett Kavanaugh]]"
reverse: true
role: "judge"
start: 2006-05-30
end: 2018-10-05
fn: 8
- type: member_of
with: "[[Merrick Garland]]"
reverse: true
role: "judge"
start: 1997-03-20
end: 2021-03-10
fn: 9
- type: member_of
with: "[[Laurence Silberman]]"
reverse: true
role: "judge, senior status from 2000"
start: 1985-10-28
end: 2000-11-01
fn: 10
- type: member_of
with: "[[David Sentelle]]"
reverse: true
role: "judge, chief judge 2008 to 2013"
start: 1987-09-11
end: 2013-02-12
fn: 11
- type: member_of
with: "[[Harry Edwards]]"
reverse: true
role: "judge"
start: 1980-02-20
end: 2005-11-03
fn: 12
- type: member_of
with: "[[Malcolm Wilkey]]"
reverse: true
role: "judge"
start: 1970-02-25
end: 1984-12-06
fn: 13
- type: member_of
with: "[[David Bazelon]]"
reverse: true
role: "judge"
start: 1949-10-21
end: 1979-06-30
fn: 14
- type: member_of
with: "[[Abner Mikva]]"
reverse: true
role: "judge, chief judge 1991 to 1994"
start: 1979-09-26
end: 1994-09-19
fn: 18
- type: member_of
with: "[[Douglas Ginsburg]]"
reverse: true
role: "judge, chief judge 2001 to 2008"
start: 1986-10-14
fn: 19
- type: subject_of
with: "[[Oliver North]]"
reverse: true
role: "convictions vacated and remanded, count 9 reversed"
start: 1990-07-20
fn: 27
- type: subject_of
with: "[[John Poindexter]]"
reverse: true
role: "convictions reversed on all counts"
start: 1991-11-15
fn: 29
- type: subject_of
with: "[[Ignacio Novo]]"
reverse: true
role: "conviction reversed for failure to sever"
start: 1980-09-15
fn: 30
- type: subject_of
with: "[[Carter Cornick]]"
reverse: true
role: "FBI case agent in the Letelier and Moffitt investigation, the Chilbom case"
fn: 33
- type: subject_of
with: "[[John N. Mitchell]]"
reverse: true
role: "defendant in Zweibon v. Mitchell, approvals of wiretaps on JDL headquarters"
start: 1975-06-23
fn: 34
- type: subject_of
with: "[[Alexander M. Haig, Jr.]]"
reverse: true
role: "procedures for the Halperin surveillance, reviewed in Halperin v. Kissinger"
start: 1979-07-12
fn: 35
- type: subject_of
with: "[[Mary Sue Hubbard]]"
reverse: true
role: "conviction affirmed"
start: 1981-10-02
fn: 43
- type: subject_of
with: "[[Eugene Metzger]]"
reverse: true
role: "pendent jurisdiction ruling, judgment vacated"
start: 1982-05-18
fn: 59
- type: subject_of
with: "[[Uri Geller]]"
reverse: true
role: "Rule 11 sanctions affirmed"
start: 1994-12-09
fn: 64
- type: subject_of
with: "[[Hillary Clinton]]"
reverse: true
role: "health care task force held not subject to the Federal Advisory Committee Act"
start: 1993-06-22
fn: 65
- type: subject_of
with: "[[Dick Cheney]]"
reverse: true
role: "mandamus petition; judgment vacated by the Supreme Court in 2004"
start: 2003-07-08
fn: 66
- type: subject_of
with: "[[Rene Schneider]]"
reverse: true
role: "suit against Kissinger dismissed as a political question"
start: 2005-06-28
fn: 68
- type: subject_of
with: "[[Robert McFarlane]]"
reverse: true
role: "libel suit against Esquire and Craig Unger, judgment affirmed"
start: 1996-01-30
fn: 71
- type: subject_of
with: "[[Department of Government Efficiency]]"
reverse: true
role: "In re Musk, No. 25-5072, mandamus petition over expedited discovery"
start: 2025-03-18
fn: 74
- type: subject_of
with: "[[Associated Press]]"
reverse: true
role: "White House access, stay pending appeal"
start: 2025-06-06
fn: 76
- type: subject_of
with: "[[G. Gordon Liddy]]"
reverse: true
role: "convictions affirmed in the Watergate and Fielding break-in appeals"
start: 1974-11-08
fn: 37
- type: subject_of
with: "[[Jonathan Pollard]]"
reverse: true
role: "denial of motion to withdraw guilty plea affirmed"
start: 1992-03-20
fn: 69
- type: subject_of
with: "[[Andrija Puharich]]"
reverse: true
role: "patent appeal for an extrasensory perception device, judgment for the Commissioner affirmed"
start: 1969-06-25
fn: 60
- type: subject_of
with: "[[National Security Archive]]"
reverse: true
role: "party in the Armstrong, fee status and Pfeiffer history appeals"
start: 1989-07-28
fn: 51
- type: subject_of
with: "[[Peter Videnieks]]"
reverse: true
role: "addressee of the March 14, 1986 stay letter in the INSLAW matter"
start: 1986-03-14
fn: 46
---
The United States Court of Appeals for the District of Columbia Circuit is the federal appellate court for the District of Columbia. It hears appeals from the [[United States District Court for the District of Columbia]] and reviews federal agency action, and Congress authorized eleven judgeships for it.[^1][^2] The court traces to a statute of February 9, 1893 that established a court of appeals for the District of Columbia.[^1]
Its rulings include the appointment of independent counsels under the Ethics in Government Act, the Iran-Contra prosecutions of [[Oliver North]] and [[John Poindexter]], the 1976 car bombing that killed [[Orlando Letelier]] in Washington, the [[INSLAW]] dispute over the PROMIS software, the Scientology appeal of 1981, the Watergate and Room 16 appeals, the wiretaps of the Nixon years, the espionage case of [[Jonathan Pollard]], the Freedom of Information Act cases in which the CIA and the National Security Agency refused to confirm or deny that they held records, and the presidential records suits brought by the [[National Security Archive]]. The court also decided the [[Association of American Physicians and Surgeons]] suit over the 1993 health care task force, the Cheney energy group litigation, and several cases from 2025 and 2026 over White House access, the [[Department of Government Efficiency]], and a tax-data leak prosecution.
### Judges in the record
Several judges who sat on the court appear repeatedly in the cases above. [[Robert Bork]] was confirmed on February 8, 1982, and his service ended with his resignation on February 5, 1988.[^3] [[Antonin Scalia]] was commissioned in August 1982 and left on September 26, 1986, when he was appointed to the Supreme Court.[^4] [[Ruth Bader Ginsburg]] was commissioned on June 18, 1980 and left on August 10, 1993 for the Supreme Court.[^5] [[Clarence Thomas]] served from March 1990 until October 23, 1991, when he too left for the Supreme Court.[^6] [[John Roberts]] was commissioned on June 2, 2003 and left on September 29, 2005, when he was elevated to the Chief Justiceship.[^7] [[Brett Kavanaugh]] was commissioned on May 30, 2006 and left on October 5, 2018 for the Supreme Court.[^8] [[Merrick Garland]] was commissioned in March 1997 and retired on March 10, 2021.[^9]
[[Laurence Silberman]] was commissioned on October 28, 1985, took senior status on November 1, 2000, and died on October 2, 2022.[^10] [[David Sentelle]] was commissioned on September 11, 1987, served as chief judge from 2008 to 2013, and took senior status on February 12, 2013.[^11] [[Harry Edwards]] was commissioned on February 20, 1980 and took senior status on November 3, 2005.[^12] [[Malcolm Wilkey]] was commissioned on February 25, 1970, took senior status on December 6, 1984, and retired on November 8, 1985.[^13] [[David Bazelon]] received a recess appointment from President [[Harry S. Truman]] on October 21, 1949, took senior status on June 30, 1979, and died on February 19, 1993.[^14]
[[Patricia Wald]] was commissioned on July 26, 1979 and served as chief judge in 1988, when the district court's opinion in the INSLAW bankruptcy litigation records a letter addressed to her in that role.[^15][^16] She retired on November 16, 1999. [[Kenneth Starr]] was commissioned on September 20, 1983 and resigned on May 26, 1989.[^17] [[Abner Mikva]] was commissioned on September 26, 1979 and served as chief judge from 1991 to 1994.[^18] [[Douglas Ginsburg]] was commissioned on October 14, 1986, served as chief judge from 2001 to 2008, and took senior status in 2011.[^19] The panels that decided the 2025 and 2026 cases included [[Neomi Rao]] (commissioned March 18, 2019), [[Gregory Katsas]] (December 8, 2017), [[Cornelia Pillard]] (December 17, 2013), [[Justin Walker]] (September 2, 2020) and [[Judith Rogers]] (commissioned March 11, 1994, senior status September 1, 2022).[^20]
[[J. Skelly Wright]] was commissioned on March 30, 1962, served as chief judge from 1978 to 1981 and took senior status on June 1, 1986.[^21] [[Harold Leventhal]] was commissioned on April 7, 1965, [[George MacKinnon]] and [[Roger Robb]] on May 6, 1969, and [[Spottswood Robinson]] on November 3, 1966; Robinson served as chief judge from 1981 to 1986. [[Carl McGowan]] was commissioned on March 27, 1963. [[Warren Burger]] was commissioned on March 29, 1956 and left on June 23, 1969 for the Supreme Court. [[James L. Buckley]] was commissioned on December 17, 1985, [[Stephen F. Williams]] on June 16, 1986, [[Karen Henderson]] on July 5, 1990, [[A. Raymond Randolph]] on July 16, 1990, and [[David Tatel]] on October 7, 1994.[^21]
Former clerks include [[Paul Cassell]], who clerked for Scalia from 1984 to 1985, [[Paul Engelmayer]], who clerked for Wald from 1987 to 1988, and [[William Barr]], who clerked for Wilkey. Barr's account of the clerkship appears in a 2001 oral history recorded by the [[Miller Center]].[^22]
### Independent counsel and the Special Division
The Ethics in Government Act, codified in 28 U.S.C. chapter 40, provides for a division of the court of three judges, one of whom must be a judge of the District of Columbia Circuit, to appoint independent counsels. The Chief Justice designates the members, and the clerk of the circuit serves as the division's clerk. A judge who participated in a function of the division involving an independent counsel may not take part in a later judicial proceeding concerning a matter that involves that counsel.[^23]
The first major use of the division concerns the Iran-Contra affair. On December 4, 1986, [[Edwin Meese III]] asked for an independent counsel, and on December 19, 1986 the division appointed [[Lawrence Walsh]].[^24] The final report that Walsh delivered carries the caption "Division No. 86-6." Volume I is dated August 4, 1993 and is addressed in a transmittal letter to the division's chief judge, David Sentelle.[^24]
The division's power came under challenge in the same period. In re Sealed Case, decided January 22, 1988 by Judges Ruth Bader Ginsburg, Silberman and Stephen F. Williams, concerned three former Justice Department officials, [[Theodore B. Olson]], [[Carol E. Dinkins]] and [[Edward C. Schmults]], who refused to comply with subpoenas from an independent counsel. The inquiry grew out of a 1982 dispute between House subcommittees and the Justice Department over Environmental Protection Agency documents. The panel held the Act unconstitutional and reversed the district court's contempt orders against the three officials.[^25] Walsh's report describes the ruling as a January 1988 panel decision that struck down the law in a case brought against Independent Counsel [[Alexia Morrison]].[^24] The Supreme Court reversed on June 29, 1988 and upheld the independent counsel provisions.[^26]
### Iran-Contra appeals
Oliver North was tried before [[Gerhard Gesell]], who sentenced him on July 5, 1989 after a conviction on three counts. A panel of Chief Judge Patricia Wald, Judge Silberman and Judge Sentelle decided his appeal in United States v. North on July 20, 1990. The per curiam opinion vacated his convictions on counts 6, 9 and 10 and remanded them for a Kastigar hearing, at which the government would have to show that its evidence came from sources independent of his immunized congressional testimony. It reversed count 9 for want of a particularized unanimity instruction. Wald dissented from several holdings, and Silberman dissented from others and concurred in one.[^27][^28]
John Poindexter was convicted on five felony counts. On November 15, 1991 the court reversed all counts in United States v. Poindexter, decided by a panel of Chief Judge Abner Mikva, Judge Douglas Ginsburg and Judge Sentelle. The opinion cites the North decision as modified, 920 F.2d 940.[^29]
The Walsh report's prosecution summaries give the same dates for these rulings.[^28]
### The Letelier murder appeals
On September 21, 1976, Orlando Letelier, the former Chilean ambassador to the United States, and [[Ronni Moffitt]], an American associate, were killed in Washington by a car bomb. The court's per curiam opinion in United States v. Novo Sampol, decided September 15, 1980, recounts the case against the defendants. [[Michael Townley]], a United States citizen who had entered the employ of the Chilean intelligence service DINA, was the principal government witness, and he had struck a plea bargain with the government in return for his testimony.[^30] The reporter caption records the argument on June 10, 1980, the decision on September 15, 1980 and the denial of rehearing on December 9, 1980.[^31]
[[Guillermo Novo]], [[Ignacio Novo]] and [[Alvin Ross]] were the defendants at the first trial.[^30] The court reversed the convictions of Guillermo Novo and Ross on the authority of [[United States v. Henry]], decided by the Supreme Court on June 16, 1980.[^32] The court reversed Ignacio Novo's conviction for failure to sever his trial from his co-defendants' trial.[^30] According to the FBI case agent's account, all three were active in the [[Cuban Nationalist Movement]], an anti-Castro organization, and Guillermo Novo and Ross had been sentenced to two consecutive life terms before the appeal. Dade County police arrested Guillermo Novo and Ross on weapons and drug charges during negotiations with Townley's lawyers, and the account says that the key to conviction lay in Townley's testimony. Ignacio Novo had been charged with one count of misprision of a felony.[^33]
The FBI case agent on the investigation, [[Carter Cornick]], wrote that the reversal in September 1980 rested on Henry. On May 30, 1981 a federal jury acquitted Guillermo Novo and Ross of all murder charges and convicted Guillermo Novo of false declarations. The two Novo brothers had also been charged with two counts each of making false declarations to a grand jury. Five months later, Ignacio Novo pleaded guilty to a charge of false declarations.[^33]
### Wiretaps and the Nixon-era national security surveillance
The court's leading en banc decision on warrantless national security wiretaps is Zweibon v. Mitchell, decided June 23, 1975. Sixteen individuals who had been members of the [[Jewish Defense League]] sued Attorney General [[John N. Mitchell]] and FBI personnel over electronic surveillance of the organization's telephones. The opinion records that Attorney General Mitchell first approved an FBI request to install wiretaps on JDL headquarters in October 1970, during the twenty-fifth session of the United Nations General Assembly, fearing "international embarrassment or Soviet retaliation against American citizens living in Moscow." He approved a second request in early January 1971 for a wiretap authorized to last 90 days. An affidavit that Mitchell later submitted stated that the surveillance was authorized by the President of the United States, acting through the Attorney General. The opinion also records that neither Mitchell nor other officials in his office reviewed the information obtained from the taps or the necessity for them, and that Mitchell was unaware that the taps continued for more than a month after criminal indictments were handed down against several individuals. The plurality opinion of Judge J. Skelly Wright, announcing the judgment, held that "a warrant must be obtained before a wiretap is installed on a domestic organization that is neither the agent of nor acting in collaboration with a foreign power."[^34]
The companion case of Halperin v. Kissinger was decided on July 12, 1979 by Chief Judge Wright, Judge Robinson and District Judge Gesell.[^35] The Halperins sued over the wiretap of the home telephone of [[Morton H. Halperin]], a National Security Council staff member. The opinion recounts that FBI officials and [[Alexander M. Haig, Jr.]], then an assistant to [[Henry Kissinger]], agreed on procedures for surveillance with "no record maintained" in the Bureau's normal files. The opinion records that [[J. Edgar Hoover]] and Kissinger conferred by telephone four times on the day the wiretap on the Halperin home telephone was in place by evening. The summaries of the logs went to Kissinger, to [[Richard Nixon]] through [[John Ehrlichman]], and to Mitchell. After May 1970 the court's account names only [[H. R. Haldeman]] as a recipient. On appeal the court affirmed on the defendants' immunity questions, reversed on the applicability of Title III of the Omnibus Crime Control and Safe Streets Act of 1968 and on the measure of damages, reversed the summary judgment for Kissinger, and remanded.[^35] The Supreme Court divided equally on the appeal and the case returned to the district court. On December 5, 1986, in Halperin v. Kissinger, 807 F.2d 180, the court addressed the twenty-one month wiretap again. The opinion, printed under the name of Scalia as circuit justice with a concurrence by Judge Mikva joined by Judge Robinson, recites that the proximate impetus for the wiretap was a New York Times article of May 9, 1969 on the bombing of Cambodia, that Kissinger dispatched the FBI to trace the source at Nixon's request, and that FBI Director Hoover named Halperin the prime suspect. It affirmed summary judgment for the defendants as to the initiation of the wiretap and remanded for the district court to fix the period, ending no later than May 1970, in which no reasonable jury could find the national security purpose pretextual.[^36]
### The Watergate and Room 16 appeals
United States v. Liddy, decided November 8, 1974 by Judge Leventhal, affirmed the conviction of [[G. Gordon Liddy]] on the six counts of the September 15, 1972 indictment arising from the burglary and wiretapping of the Democratic National Committee offices on June 17, 1972. The opinion records that five of the seven defendants pleaded guilty after the trial opened before Chief Judge [[John Sirica]] in January 1973, that Liddy and [[James McCord]] were found guilty on January 30, 1973, and that the government's evidence concerned the efforts of Liddy, [[Howard Hunt]] and McCord to obtain political intelligence from the headquarters of Democratic presidential candidates and from the committee.[^37]
On October 12, 1976 the court sitting en banc decided United States v. Haldeman in a per curiam opinion, with Judge MacKinnon dissenting in part. The indictment of March 1, 1974 had named Mitchell, Haldeman, Ehrlichman, [[Charles Colson]], [[Robert Mardian]], [[Kenneth Parkinson]] and [[Gordon Strachan]]. The court described the charges as an unprecedented scandal at the highest levels of government. The jury returned its verdict on January 1, 1975, acquitting Parkinson, convicting Mardian of conspiracy, and convicting Mitchell, Haldeman and Ehrlichman of conspiracy and obstruction of justice and of the perjury counts submitted. The three were sentenced to concurrent terms of 20 months to five years on the conspiracy and obstruction counts. The opinion calls the intelligence plan code-named Gemstone the brainchild of Liddy, general counsel of the Committee to Re-elect the President, and affirmed the convictions of the three.[^38]
Three appeals decided on May 17, 1976 by a panel of Judges Leventhal and Wilkey and District Judge Robert Merhige concerned the September 1971 entry into the Beverly Hills office of the psychiatrist of [[Daniel Ellsberg]]. The opinions describe a White House unit formed after the publication of the Pentagon Papers, called Room 16, under the general supervision of Ehrlichman and operated by [[Egil Krogh]] and [[David Young]], to which Liddy and Hunt were added. In United States v. Ehrlichman, Wilkey wrote for the court affirming the convictions of Ehrlichman for conspiracy and perjury.[^39] In United States v. Barker the court reversed the judgment against [[Bernard Barker]] and [[Eugenio Martinez]] and remanded for a new trial, with Wilkey and Merhige filing opinions and Leventhal dissenting. Wilkey's opinion records that Hunt had been Barker's immediate supervisor in the CIA's [[Bay of Pigs Invasion]] operation, and that in August 1971 Hunt asked Barker to help conduct an entry to obtain national security information on "a traitor to this country who was passing classified information to the Soviet Embassy."[^40] United States v. Liddy, decided the same day with Merhige writing, affirmed Liddy's conviction for conspiring to violate the Fourth Amendment rights of the psychiatrist; Gesell had sentenced him on July 31, 1974 to one to three years concurrent with his Watergate sentence.[^41]
On June 21, 1983 Judges Mikva, Edwards and Scalia decided Gray v. Bell, with Edwards writing. After a two-year Justice Department investigation begun in the spring of 1976 into FBI break-ins against relatives and acquaintances of suspected members of the Weatherman Underground, a grand jury indicted L. Patrick Gray III, who had served as Acting Director of the FBI, with Mark Felt and Edward Miller on a charge of conspiring to injure and oppress citizens. Prosecutors later agreed to dismissal, and Gray sued [[Griffin Bell]] and other Justice Department officials for damages. The court affirmed the dismissal of his amended complaint on grounds of official immunity and the discretionary function exception.[^42]
### The Scientology prosecutions
United States v. Heldt, decided October 2, 1981 as a per curiam opinion with a separate opinion by Judge Wald, affirmed the judgments against members of the [[Church of Scientology]] who had been convicted of conspiracy and related offenses. The appellants included [[Mary Sue Hubbard]] and [[Henning Heldt]], whom the court identifies as ranking officers of the Guardians in the United States, with offices in Hollywood, California. The appellants challenged evidence seized in searches of Scientology offices in California. The district court denied the suppression motion after a hearing, and the court of appeals affirmed the judgment.[^43] The organization was founded by [[L. Ron Hubbard]].
### INSLAW and the PROMIS appeals
INSLAW, Inc., the developer of the PROMIS case-tracking software, filed for reorganization and invoked the automatic stay of 11 U.S.C. 362(a) in its dispute with the Justice Department over the Department's continued use of the software. The bankruptcy court's ruling is reported at 83 B.R. 89 (Bankr. D.D.C. 1988). The district court's opinion of November 22, 1989, reported at 113 B.R. 802, recites that ruling and the Justice Department's argument that the bankruptcy judge should have recused himself. The opinion describes the circuit's January 11, 1988 decision not to reappoint [[George Francis Bason, Jr.]] as the factual setting for that argument.[^44]
The circuit's opinion in United States v. INSLAW, Inc., decided May 7, 1991 by Judges Buckley, Stephen Williams and Randolph, with Williams writing for the court, held that the automatic stay did not reach the Department's use of property in its possession under a claim of right at the time of the bankruptcy filing. It held that the bankruptcy court therefore lacked jurisdiction over the claims asserted under section 362(a). The court reversed and remanded with directions to vacate the orders and dismiss INSLAW's complaint against the Department.[^45] Rehearing and rehearing en banc were denied in No. 90-5052 on July 12, 1991.[^45] The opinion records that INSLAW filed a claim with the contracting officer on October 17, 1985 under the Contract Disputes Act, that the contracting officer ruled against INSLAW on February 21, 1986, and that the Department's use of the enhanced software was the subject of the stay claim.[^45] According to the House Judiciary Committee's report of September 10, 1992, INSLAW's counsel [[Leigh Ratiner]] wrote on March 14, 1986 to [[Peter Videnieks]], whom the report treats as the contracting officer, that any continued use of the enhanced PROMIS software without INSLAW's consent contravened its property rights as a debtor and violated the automatic stay. The circuit's holding was that the stay "does not reach the Department's use of property in its possession under a claim of right at the time of the bankruptcy filing, even if that use may ultimately prove to violate the bankrupt's rights."[^46][^45]
### FOIA and the Glomar responses
The Glomar response dates to Phillippi v. Central Intelligence Agency, decided November 16, 1976 by Judge Wright, with a dissent by Judge MacKinnon. The request concerned the Hughes Glomar Explorer. The press stories that prompted it said that the ship's actual owner and operator was the United States Government. The CIA answered that "in the interest of national security, involvement by the U.S. Government in the activities which are the subject matter of your request can neither be confirmed nor denied."[^47] The court of appeals reversed and remanded for a public justification of the refusal to confirm or deny the existence of records.[^47]
McGehee v. Central Intelligence Agency, decided January 4, 1983 by Judges Wright, Edwards and Bork, arose from a request by [[Fielding McGehee]] for CIA records on the [[People's Temple]]. The agency's search used a cut-off date of December 22, 1978 that it had not disclosed. The court wrote that "the cumulative weight of this evidence of bad faith is enough to vitiate the credit to which agency affidavits are ordinarily entitled." It reversed and remanded.[^48]
Electronic Privacy Information Center v. National Security Agency, decided May 11, 2012 by Judges Brown and Kavanaugh and Senior Judge Ginsburg, affirmed the NSA's Glomar response under Exemption 3 and section 6 of the National Security Agency Act. The request followed a January 2010 cyberattack on Google that targeted Gmail accounts of Chinese human rights activists. The agency answered on March 10, 2010 that it could neither confirm nor deny the existence of responsive records.[^49]
National Security Archive v. Central Intelligence Agency, decided June 7, 2024 by Judge Childs for the court, with Judge Rao and Senior Judge Ginsburg, concerned a January 1989 end-of-tour report addendum by a senior Air Force intelligence officer on an elevated Soviet alert status in 1983. The CIA produced the memorandum's cover letter and withheld the rest under Exemptions 1 and 3. The Archive argued that the memorandum had been published in the State Department's Foreign Relations of the United States in February 2021, so that the agency had waived the exemptions under the official acknowledgment and public domain doctrines. The court disagreed. It noted that the volume cited a CIA source and thanked CIA staff for arranging access to agency records, and that publication in the series requires declassification review by the originating agency. It affirmed the judgment for the agency.[^50]
### Presidential records and the National Security Archive
National Security Archive v. Department of Defense, decided July 28, 1989 by Judges Robinson, Mikva and Douglas Ginsburg, held that the Archive, which described its work as collecting and disseminating comprehensive government documentation on foreign, defense, intelligence and international economic policy, was not an educational institution but was a representative of the news media entitled to reduced fees under the Freedom of Information Act.[^51]
In Armstrong v. Bush, decided January 25, 1991 by Judges Wald, Douglas Ginsburg and Randolph, with Wald writing, [[Scott Armstrong]], the Archive and other plaintiffs sued President George H. W. Bush, the Archivist and the National Security Council to prevent the erasure of material on the NSC computer system from the last two weeks of the Reagan administration. The court reversed in part, affirmed in part and remanded.[^52] On August 13, 1993 a panel of Chief Judge Mikva and Judges Wald and Henderson decided Armstrong v. Executive Office of the President, 1 F.3d 1274, in a per curiam opinion rejecting the government's position that paper printouts satisfied the Federal Records Act, because the printouts could omit the identity of the sender or recipient and the time of receipt of the electronic record.[^53] On August 2, 1996 Judges Edwards, Ginsburg and Tatel decided the next round: Ginsburg, for the court, held that the National Security Council is not an agency subject to the Freedom of Information Act, because it does not exercise substantial independent authority, and reversed the district court; Tatel dissented.[^54]
National Security Archive v. Central Intelligence Agency, 752 F.3d 460, decided May 20, 2014 by Judges Rogers, Kavanaugh and Williams, concerned the fifth volume of the CIA staff historian Jack Pfeiffer's five-volume history of the Bay of Pigs operation, begun in 1973. The CIA had released revised drafts of the first three volumes and the draft of the fourth, and withheld the fifth under Exemption 5. Kavanaugh wrote for the court affirming on the deliberative process privilege; Rogers dissented.[^55] On May 28, 2019 Judges Tatel, Pillard and Edwards decided Citizens for Responsibility and Ethics in Washington v. Trump, in which the organization and the Archive sought mandamus against the use of White House messaging applications that delete messages once read. The court affirmed the denial of the writ because the plaintiffs had not shown a clear and indisputable right to relief.[^56]
Morley v. Central Intelligence Agency, decided December 7, 2007 by Judges Henderson, Rogers and Tatel, with Rogers writing, concerned the request of the journalist [[Jefferson Morley]] of July 4, 2003 for all records pertaining to the CIA operations officer George Efythron Joannides, also known as Howard, Mr. Howard or Walter Newby. The court reversed the grant of summary judgment to the agency and remanded so that the CIA could search its operational files, holding that its release of records under the John F. Kennedy Assassination Records Collection Act did not relieve it of its obligations under the Freedom of Information Act.[^57] On June 18, 2013 a per curiam opinion with a concurrence by Kavanaugh vacated the denial of attorney's fees and remanded; the court described Joannides as the CIA case officer in charge of a Cuban group whose officers had contact with Lee Harvey Oswald in the months before the assassination.[^58]
### Financial General and the pendent jurisdiction ruling
Financial General Bankshares, Inc. v. Metzger, decided May 18, 1982 by Chief Judge Wright, Judge MacKinnon and Judge Ginsburg, arose from a suit that [[Financial General Bankshares]] filed on February 17, 1978 against persons buying its shares after it learned that a group of Middle Eastern investors held twenty percent of its common stock. [[Eugene Metzger]], an attorney who had served as its counsel, was one of the defendants. The opinion records that the Securities and Exchange Commission filed and settled its own action on March 18, 1978 and that on April 27, 1978 the district court entered a preliminary injunction. The court of appeals held that the district court abused its discretion in exercising pendent jurisdiction. It vacated the judgment and remanded with instructions to dismiss, without reaching the merits.[^59]
### The Fairness Doctrine, Puharich and psychic claims
In Puharich v. Brenner, decided June 25, 1969 with Leventhal writing, [[Andrija Puharich]] appealed a judgment for the Commissioner of Patents in an action under 35 U.S.C. 145 for a patent on a device the opinion describes as a cage with electrical installations in the screen casing for generating currents and impulses, claimed to expand extrasensory perception. The court wrote that the trial judge had assumed for the purposes of the case that an ESP phenomenon existed and had asked whether the invention was operable, and affirmed.[^60]
The [[Committee for the Scientific Investigation of Claims of the Paranormal]] filed a complaint with the [[Federal Communications Commission]] under the Fairness Doctrine against the NBC program "Exploring the Unknown." After the commission rejected the complaint, CSICOP petitioned the court on April 27, 1979. The committee's periodical reported the appeal in its Fall 1979 issue.[^61]
In a later fairness case, [[Fairness in Media]] petitioned the court on May 18, 1987 (No. 87-1217) to review a commission ruling on [[CBS]], and the court affirmed the commission in an unpublished per curiam opinion on June 8, 1988, assuming without deciding that the group was positioned to seek review. The Supreme Court denied certiorari on October 11, 1988.[^62]
The same court had heard a broadcast dispute fifteen years earlier, in No. 18,738, in which the Citizens TV Protest Committee and [[Clarksburg Publishing Company]] appealed a March 13, 1964 FCC order. That order assigned the license of WBOY-TV in Clarksburg, West Virginia, from [[Rust Craft Broadcasting Company]] to Northern West Virginia Television Broadcasting Company, a wholly owned subsidiary of the [[Fortnightly Corporation]]. The appellants' brief states that the commission granted the assignment without an evidentiary hearing, that Fortnightly owned and operated a community antenna system in Clarksburg, and that the acquisition "would give Fortnightly, owner and publisher of the Reporter Magazine, an additional medium for public discussion of national affairs." The brief also questioned whether a hearing should have been held on a Fortnightly statement about the involvement of its organization in recent antitrust violations. The brief lists [[Max Ascoli]] as a vice president and director of Northern West Virginia Television Broadcasting Company.[^63]
The court's clearest psi ruling is Geller v. Randi, decided December 9, 1994 by Judges Wald, Sentelle and Rogers, with Sentelle writing for the court. The suit was brought by [[Uri Geller]]. CSICOP moved on January 15, 1992 for summary judgment and for Rule 11 sanctions. Geller did not respond to the motions, and the district court imposed sanctions. The court of appeals affirmed the Rule 11 sanctions.[^64]
### The 1993 health care task force
Association of American Physicians & Surgeons, Inc. v. Clinton, decided June 22, 1993 by Judges Silberman, Buckley and Williams, concerned the President's Task Force on National Health Care Reform, which [[Hillary Clinton]] chaired. The plaintiffs argued that the task force was subject to the Federal Advisory Committee Act. The task force comprised about 300 permanent federal employees and about 40 special government employees. The majority held that the task force was not an advisory group subject to the act, and it remanded for further proceedings on the working group. Its reasoning relied in part on 3 U.S.C. 105(e), which allows the President to designate a member of his family to assist him, and on whether the First Lady could be treated as a de facto officer or employee. Judge Buckley, concurring in the judgment, wrote that he did not think section 105(e) could reasonably be read to create an officer or employee, de facto or otherwise.[^65]
### Cheney and the energy group
The National Energy Policy Development Group, which [[Dick Cheney]] chaired, was sued by [[Judicial Watch]] under the Federal Advisory Committee Act. On July 8, 2003 Judges Edwards, Randolph and Tatel considered the government's petition for a writ of mandamus against a discovery order of the district court.[^66] On June 24, 2004 the Supreme Court vacated the court of appeals' judgment and remanded the case.[^67]
### Schneider and the Chile suits
The Schneider family's original complaint, filed in the district court on September 10, 2001, named Henry Kissinger, the [[United States]] and [[Richard Helms]]. The amended complaint of November 11, 2002 named Kissinger and the United States, and the district court dismissed the case on March 30, 2004. In Schneider v. Kissinger, decided June 28, 2005 by Judges Sentelle, Henderson and Rogers, the court affirmed the dismissal on political question grounds.[^68]
### The Pollard appeals
In United States v. Pollard, decided March 20, 1992 by Judges Ruth Bader Ginsburg, Silberman and Williams, with Silberman writing, the court affirmed the denial of the motion of Pollard under 28 U.S.C. 2255 to withdraw his guilty plea of June 4, 1986 to one count of conspiracy to deliver national defense information to a foreign government. The opinion describes Pollard as a Navy intelligence research specialist who removed large amounts of classified material over about eighteen months from June 1984 through November 1985. Theodore Olson argued for Pollard. His motion claimed that the government had linked the plea of [[Anne Henderson-Pollard]] to his own, had breached the plea agreement in its sentencing allocution, and had given Chief Judge Aubrey Robinson ex parte communications; the district court declined to recuse and denied access to the classified sentencing submission of [[Caspar Weinberger]]. The panel held that any error in refusing new counsel access to the Weinberger submission was harmless. Williams concurred in part and dissented in part.[^69]
On July 22, 2005 Judges Sentelle, Henderson and Rogers decided United States v. Pollard, 416 F.3d 48. Sentelle, for the court, held that Pollard's second section 2255 motion, filed September 20, 2000, was untimely and declined a certificate of appealability, and held that the federal courts lack jurisdiction to review claims for access to documents needed for a clemency petition under Article II, vacating the order on the request of his counsel for access to the classified sentencing file. Rogers concurred in part and dissented in part.[^70]
### The Esquire article and McFarlane
McFarlane v. Esquire Magazine, decided January 30, 1996 by Judges Stephen Williams, Ginsburg and Randolph, arose from the libel suit that [[Robert McFarlane]] brought against [[Esquire Magazine]] and the writer [[Craig Unger]]. The court affirmed the dismissal of the claims against Unger for lack of personal jurisdiction, and it affirmed the decision to dismiss rather than transfer the case.[^71] The opinion by Judge Williams records that the district court held that no reasonable jury could find actual malice by clear and convincing evidence, and it reproduces the disputed passage of the October 1991 article, which attributed to a sworn affidavit that [[Elliot Richardson]] submitted for INSLAW the statement of [[Ari Ben-Menashe]] that McFarlane and [[Earl Brian]] had a "special relationship" with Israeli intelligence, McFarlane having been recruited by [[Rafael Eitan]], and that "McFarlane was the famous Mr. X in the Pollard case." The court wrote that the recruitment clause "is not in the affidavit," that nothing in the affidavit supported the article's following sentences making McFarlane out to be an equivalent of Pollard, and that McFarlane did not dispute that Ben-Menashe made these assertions to Unger.[^71] The opinion also states that a bipartisan task force of the House of Representatives rejected the October Surprise claims in January 1993.[^71]
In McFarlane v. Sheridan Square Press, decided August 16, 1996 by Judges Williams, Ginsburg and Rogers, with Ginsburg writing, the court affirmed summary judgment for the publisher of Ben-Menashe's 1992 book Profits of War, on the ground that McFarlane could not show actual malice. The opinion summarizes the book's allegation of an October Surprise conspiracy involving candidate George Bush, Republicans in the 1980 campaign and Iranian officials, and Ben-Menashe's allegation that McFarlane played an important role and was an Israeli spy. The court wrote that the House task force's joint report had thoroughly discredited the October Surprise story.[^72]
### Microsoft
The court's most consequential antitrust decision in the record is United States v. Microsoft Corp., decided June 28, 2001 by the court sitting en banc in a per curiam opinion. The court affirmed in part and reversed in part the findings that Microsoft had violated sections 1 and 2 of the Sherman Act, and it addressed Microsoft's claims of judicial misconduct and appearance of partiality against the trial judge.[^73]
### Recent cases
The 2025 cases on the court's docket include In re Musk, No. 25-5072. The defendants in New Mexico v. Musk petitioned for a writ of mandamus on March 18, 2025 against an expedited discovery order that the district court had entered on March 12 in the states' suit. The circuit granted an emergency stay, ordering on March 26, 2025 that the March 12 order be stayed pending further order, and the district court stayed its own order the same day; the district court's opinion of June 10, 2025 recites both.[^74] In a separate matter, the court decided No. 25-5130 on July 14, 2025 and denied rehearing on December 18, 2025, and the government's petition for certiorari in that case, No. 25-1103, was filed on March 18, 2026.[^75]
In Associated Press v. Budowich, No. 25-5109, a panel of Judges Pillard, Katsas and Rao on June 6, 2025 granted a stay pending appeal in part, staying the district court's injunction except as applied to the East Room. Judge Rao, joined by Judge Katsas, wrote that "these restricted presidential spaces are not First Amendment fora opened for private speech and discussion" and that "[t]he White House therefore retains discretion to determine, including on the basis of viewpoint, which journalists will be admitted." Judge Pillard would have denied the stay.[^76] On July 22, 2025 the court denied the Associated Press's motion for en banc reconsideration and vacatur of the stay order.[^77]
The Commodity Futures Trading Commission appealed as No. 24-5205 after [[Jia M. Cobb]] granted summary judgment on September 12, 2024 to [[Kalshi]] on the legality of its event contracts. On May 5, 2025, after a 3 to 0 commission vote, the agency moved to dismiss its appeal voluntarily, each side bearing its own costs. [[Yaakov Roth]] argued the appeal for Kalshi in January 2025 and joined the Justice Department the following month, according to Protos.[^78]
In United States v. Littlejohn, No. 24-3019, decided July 17, 2026, a panel of Judges Rao and Walker, with Senior Judge Rogers, affirmed a five-year sentence for a former IRS consultant who leaked taxpayer data. Judge Walker wrote the opinion. The court wrote that Littlejohn "leaked what he stole to [[ProPublica]], which used data regarding at least 152 of his victims in about 50 articles," and it added that "ProPublica is sitting on the private, as-yet-unpublished data of other taxpayers stolen by Littlejohn."[^79]
### Footnotes
[^1]: Act of February 9, 1893, 27 Stat. 434, establishing a court of appeals for the District of Columbia. Government Publishing Office, Statutes at Large, volume 27, page 434. https://www.govinfo.gov/content/pkg/STATUTE-27/pdf/STATUTE-27-Pg434.pdf
[^2]: 28 U.S.C. 44(a), circuit judges by circuit, listing eleven judges for the District of Columbia Circuit. https://www.law.cornell.edu/uscode/text/28/44
[^3]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, "Bork, Robert Heron," confirmed February 8, 1982, service terminated February 5, 1988 by resignation. https://www.fjc.gov/history/judges/bork-robert-heron
[^4]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, "Scalia, Antonin," commissioned August 17, 1982, service terminated September 26, 1986 on appointment to the Supreme Court. https://www.fjc.gov/history/judges/scalia-antonin
[^5]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, "Ginsburg, Ruth Bader," commissioned June 18, 1980, service terminated August 10, 1993. https://www.fjc.gov/history/judges/ginsburg-ruth-bader
[^6]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, "Thomas, Clarence," commissioned March 6, 1990, service terminated October 23, 1991 on appointment to the Supreme Court. https://www.fjc.gov/history/judges/thomas-clarence
[^7]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, "Roberts, John Glover, Jr.," commissioned June 2, 2003, service terminated September 29, 2005. https://www.fjc.gov/history/judges/roberts-john-glover-jr
[^8]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, "Kavanaugh, Brett Michael," commissioned May 30, 2006, service terminated October 5, 2018. Federal Judicial Center judges dataset, https://www.fjc.gov/sites/default/files/history/judges.csv
[^9]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, "Garland, Merrick Brian," commissioned March 20, 1997, retirement March 10, 2021. https://www.fjc.gov/history/judges/garland-merrick-b
[^10]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, "Silberman, Laurence Henry," commissioned October 28, 1985, senior status November 1, 2000, died October 2, 2022. Federal Judicial Center judges dataset, https://www.fjc.gov/sites/default/files/history/judges.csv
[^11]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, "Sentelle, David Bryan," commissioned September 11, 1987, chief judge 2008 to 2013, senior status February 12, 2013. https://www.fjc.gov/history/judges/sentelle-david-bryan
[^12]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, "Edwards, Harry Theodore," commissioned February 20, 1980, senior status November 3, 2005. Federal Judicial Center judges dataset, https://www.fjc.gov/sites/default/files/history/judges.csv
[^13]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, "Wilkey, Malcolm Richard," commissioned February 25, 1970, senior status December 6, 1984, retired November 8, 1985. https://www.fjc.gov/history/judges/wilkey-malcolm-richard
[^14]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, "Bazelon, David Lionel," recess appointment October 21, 1949, senior status June 30, 1979, died February 19, 1993. https://www.fjc.gov/history/judges/bazelon-david-l
[^15]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, "Wald, Patricia McGowan," commissioned July 26, 1979, retired November 16, 1999. Federal Judicial Center judges dataset, https://www.fjc.gov/sites/default/files/history/judges.csv
[^16]: United States v. Inslaw, Inc., 113 B.R. 802 (D.D.C. Nov. 22, 1989), recording a letter addressed to "Chief Judge Wald of the D.C. Circuit." https://cite.case.law/br/113/802/
[^17]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, "Starr, Kenneth Winston," commissioned September 20, 1983, resignation May 26, 1989. Federal Judicial Center judges dataset, https://www.fjc.gov/sites/default/files/history/judges.csv
[^18]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, "Mikva, Abner Joseph," commissioned September 26, 1979, chief judge 1991 to 1994, retired September 19, 1994. https://www.fjc.gov/history/judges/mikva-abner-joseph
[^19]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, "Ginsburg, Douglas Howard," commissioned October 14, 1986, chief judge 2001 to 2008, senior status October 14, 2011. https://www.fjc.gov/history/judges/ginsburg-douglas-howard
[^20]: Federal Judicial Center judges dataset for Rao, Neomi Jehangir (commissioned March 18, 2019), Katsas, Gregory George (December 8, 2017), Pillard, Cornelia Thomas Livingston (December 17, 2013), Walker, Justin Reed (September 2, 2020) and Rogers, Judith Ann Wilson (commissioned March 11, 1994, senior status September 1, 2022). https://www.fjc.gov/sites/default/files/history/judges.csv
[^21]: Federal Judicial Center judges dataset (commission, chief judge and senior status dates for Wright, Leventhal, MacKinnon, Robb, Robinson, McGowan, Burger, Buckley, Williams, Henderson, Randolph and Tatel). https://www.fjc.gov/sites/default/files/history/judges.csv
[^22]: Miller Center, University of Virginia, "William P. Barr Oral History," interview of April 5, 2001, George H.W. Bush Oral History Project. https://millercenter.org/the-presidency/presidential-oral-histories/william-p-barr-oral-history; Federal Judicial Center biographical entries for Paul G. Cassell (https://www.fjc.gov/history/judges/cassell-paul-g) and Paul Adam Engelmayer (https://www.fjc.gov/history/judges/engelmayer-paul-adam).
[^23]: 28 U.S.C. 49, assignment of judges to a division of the court for the appointment of independent counsels, subsection (f). https://www.law.cornell.edu/uscode/text/28/49
[^24]: Office of Independent Counsel for Iran/Contra Matters (Lawrence E. Walsh), Final Report of the Independent Counsel for Iran/Contra Matters, Volume I, Investigations and Prosecutions (Washington: U.S. Government Printing Office, 1993), caption "Division No. 86-6"; transmittal letter of August 4, 1993 to Chief Judge David B. Sentelle; chronology entries for December 4 and December 19, 1986; summary of the January 1988 panel decision. https://archive.org/details/WalshReport
[^25]: In re Sealed Case, 838 F.2d 476 (D.C. Cir. Jan. 22, 1988) (Ginsburg, Silberman and Williams, JJ.), reversing the contempt orders against Olson, Dinkins and Schmults. https://cite.case.law/f2d/838/476/
[^26]: Morrison v. Olson, 487 U.S. 654 (1988), decided June 29, 1988. https://www.law.cornell.edu/supremecourt/text/487/654
[^27]: United States v. North, 910 F.2d 843 (D.C. Cir. July 20, 1990) (per curiam; Wald, C.J., Silberman and Sentelle, JJ.), disposition paragraph and separate statements of Wald, C.J., and Silberman, J. https://cite.case.law/f2d/910/843/
[^28]: Walsh, Final Report, Volume I, prosecution summaries for Oliver L. North (conviction and the July 20, 1990 appellate ruling) and John M. Poindexter (the November 15, 1991 reversal), and the discussion of the Kastigar and evidentiary-use rulings. https://archive.org/details/WalshReport
[^29]: United States v. Poindexter, 951 F.2d 369 (D.C. Cir. Nov. 15, 1991) (Mikva, C.J., D.H. Ginsburg and Sentelle, JJ.), reversing all counts and citing the North decision as modified, 920 F.2d 940 (D.C. Cir. 1990). https://cite.case.law/f2d/951/369/
[^30]: United States v. Novo Sampol, 636 F.2d 621 (D.C. Cir. Sept. 15, 1980) (per curiam; MacKinnon and Robb, JJ., and Corcoran, D.J.), recounting the bombing of September 21, 1976, Townley's plea bargain, the reversal of the convictions of Guillermo Novo and Ross, and the severance ruling as to Ignacio Novo. https://cite.case.law/f2d/636/621/
[^31]: United States v. Novo Sampol, 636 F.2d 621 (D.C. Cir. 1980), caption: argued June 10, 1980, decided September 15, 1980, rehearing denied December 9, 1980 (Nos. 79-1541, 79-1542 and 79-1808). https://cite.case.law/f2d/636/621/
[^32]: United States v. Henry, 447 U.S. 264 (1980), decided June 16, 1980. https://www.law.cornell.edu/supremecourt/text/447/264
[^33]: L. Carter Cornick Jr., "Chilbom," The Grapevine (Society of Former Special Agents of the FBI), August 2016, pp. 11 to 16, describing the Cuban Nationalist Movement suspects, the arrests during plea negotiations, the misprision charge, the September 1980 reversal on the basis of Henry, the May 30, 1981 verdicts and the later guilty plea of Ignacio Novo. https://fbistudies.com/wp-content/uploads/2016/09/FBI-Grapevine-Chilbom.pdf
[^34]: Zweibon v. Mitchell, 516 F.2d 594 (D.C. Cir. June 23, 1975) (en banc) (opinion of Wright, J., announcing the judgment), describing the Attorney General's approvals of the October 1970 and January 1971 requests, the affidavit of Mitchell, and the review of the taps by his office. https://cite.case.law/f2d/516/594/
[^35]: Halperin v. Kissinger, 606 F.2d 1192 (D.C. Cir. July 12, 1979) (Wright, C.J., Robinson, J., and Gesell, D.J.), reciting the surveillance procedures, the telephone conference between Hoover and Kissinger, the distribution of the logs, and the disposition of the appeal. https://cite.case.law/f2d/606/1192/
[^36]: Halperin v. Kissinger, 807 F.2d 180 (D.C. Cir. Dec. 5, 1986) (No. 84-5095, argued May 1, 1985; Mikva, J., concurring, joined by Robinson, J.), on the May 9, 1969 New York Times article, the dispatch of the FBI, the identification of Halperin and the remand. https://cite.case.law/f2d/807/180/
[^37]: United States v. Liddy, 509 F.2d 428 (D.C. Cir. Nov. 8, 1974) (en banc) (No. 73-1565; Leventhal, J.), Parts I and II. https://cite.case.law/f2d/509/428/
[^38]: United States v. Haldeman, 559 F.2d 31 (D.C. Cir. Oct. 12, 1976) (en banc) (per curiam; MacKinnon, J., concurring in part and dissenting in part), Parts I.A and I.B, indictment of March 1, 1974, verdict of January 1, 1975, and the sentences. https://cite.case.law/f2d/559/31/
[^39]: United States v. Ehrlichman, 546 F.2d 910 (D.C. Cir. May 17, 1976) (No. 74-1882; Wilkey, J., for the court; Leventhal, J., concurring), Part I. https://cite.case.law/f2d/546/910/
[^40]: United States v. Barker, 546 F.2d 940 (D.C. Cir. May 17, 1976) (Nos. 74-1883, 74-1884; per curiam; opinions of Wilkey, J., and Merhige, D.J.; Leventhal, J., dissenting), Part I (Facts). https://cite.case.law/f2d/546/940/
[^41]: United States v. Liddy, 542 F.2d 76 (D.C. Cir. May 17, 1976) (No. 74-1885; Merhige, D.J., for the court), affirming the conviction and reciting the sentence of July 31, 1974. https://cite.case.law/f2d/542/76/
[^42]: Gray v. Bell, 712 F.2d 490 (D.C. Cir. June 21, 1983) (No. 82-1838; Mikva, Edwards and Scalia, JJ.; Edwards, J., for the court), Parts I through IV. https://cite.case.law/f2d/712/490/
[^43]: United States v. Heldt, 668 F.2d 1238 (D.C. Cir. Oct. 2, 1981) (per curiam; MacKinnon, Robb and Wald, JJ.), identifying Mary Sue Hubbard and Henning Heldt as ranking officers of the Guardians in the United States and affirming the judgment. https://cite.case.law/f2d/668/1238/
[^44]: United States v. Inslaw, Inc., 113 B.R. 802 (D.D.C. Nov. 22, 1989), reciting In re Inslaw, Inc., 83 B.R. 89 (Bankr. D.D.C. 1988), the Justice Department's recusal argument and the January 11, 1988 decision not to reappoint the bankruptcy judge. https://cite.case.law/br/113/802/
[^45]: United States v. Inslaw, Inc., 932 F.2d 1467 (D.C. Cir. May 7, 1991) (Buckley, Williams and Randolph, JJ.; Williams, J., for the court), holding the automatic stay inapplicable and remanding with directions; the caption records rehearing and rehearing en banc denied in No. 90-5052 on July 12, 1991, and the opinion recites the claim to the contracting officer of October 17, 1985 and the contracting officer's ruling of February 21, 1986. https://cite.case.law/f2d/932/1467/
[^46]: U.S. House of Representatives, Committee on the Judiciary, The INSLAW Affair: Investigative Report, H. Rept. 102-857, 102d Cong., 2d sess., September 10, 1992, p. 35 n. 85, quoting the letter of Leigh S. Ratiner to Peter Videnieks, March 14, 1986. https://archive.org/details/InslawAffairInvestigativeReport
[^47]: Phillippi v. Central Intelligence Agency, 546 F.2d 1009 (D.C. Cir. Nov. 16, 1976) (Wright, J., for the court; MacKinnon, J., dissenting), quoting the CIA's response and the press accounts of the vessel's ownership, and remanding for a public justification. https://cite.case.law/f2d/546/1009/
[^48]: McGehee v. Central Intelligence Agency, 697 F.2d 1095 (D.C. Cir. Jan. 4, 1983) (Wright, Edwards and Bork, JJ.), on the undisclosed cut-off date, the bad faith finding and the reversal. https://cite.case.law/f2d/697/1095/
[^49]: Electronic Privacy Information Center v. National Security Agency, 678 F.3d 926 (D.C. Cir. May 11, 2012) (Brown and Kavanaugh, JJ., and Ginsburg, S.J.), affirming the Glomar response under Exemption 3 and the National Security Agency Act. https://cite.case.law/f3d/678/926/
[^50]: National Security Archive v. Central Intelligence Agency, No. 23-5017 (D.C. Cir. June 7, 2024) (Childs, J., for the court; Rao and Ginsburg, S.J.), affirming summary judgment for the agency under FOIA Exemptions 1 and 3, on the official acknowledgment and public domain arguments. https://media.cadc.uscourts.gov/opinions/docs/2024/06/23-5017-2058350.pdf
[^51]: National Security Archive v. U.S. Department of Defense, 880 F.2d 1381 (D.C. Cir. July 28, 1989) (No. 88-5217; Robinson, Mikva and D.H. Ginsburg, JJ.; D.H. Ginsburg, J., for the court). https://cite.case.law/f2d/880/1381/
[^52]: Armstrong v. Bush, 924 F.2d 282 (D.C. Cir. Jan. 25, 1991) (No. 90-5173; Wald, D.H. Ginsburg and Randolph, JJ.; Wald, J., for the court). https://cite.case.law/f2d/924/282/
[^53]: Armstrong v. Executive Office of the President, 1 F.3d 1274 (D.C. Cir. Aug. 13, 1993) (Nos. 93-5002 et al.; Mikva, C.J., Wald and Henderson, JJ.; per curiam). https://cite.case.law/f3d/1/1274/
[^54]: Armstrong v. Executive Office of the President, 90 F.3d 553 (D.C. Cir. Aug. 2, 1996) (Nos. 95-5057, 95-5061; Edwards, C.J., Ginsburg and Tatel, JJ.; Ginsburg, J., for the court; Tatel, J., dissenting). https://cite.case.law/f3d/90/553/
[^55]: National Security Archive v. Central Intelligence Agency, 752 F.3d 460 (D.C. Cir. May 20, 2014) (No. 12-5201; Rogers, Kavanaugh and Williams, JJ.; Kavanaugh, J., for the court; Rogers, J., dissenting). https://cite.case.law/f3d/752/460/
[^56]: Citizens for Responsibility and Ethics in Washington v. Trump, 924 F.3d 602 (D.C. Cir. May 28, 2019) (No. 18-5150; Tatel and Pillard, JJ., and Edwards, S.J.; Tatel, J., for the court). https://cite.case.law/f3d/924/602/
[^57]: Morley v. Central Intelligence Agency, 508 F.3d 1108 (D.C. Cir. Dec. 7, 2007) (No. 06-5382; Henderson, Rogers and Tatel, JJ.; Rogers, J., for the court). https://cite.case.law/f3d/508/1108/
[^58]: Morley v. Central Intelligence Agency, 719 F.3d 689 (D.C. Cir. June 18, 2013) (No. 12-5032; Kavanaugh, J., and Edwards and Williams, S.JJ.; per curiam; Kavanaugh, J., concurring). https://cite.case.law/f3d/719/689/
[^59]: Financial General Bankshares, Inc. v. Metzger, 680 F.2d 768 (D.C. Cir. May 18, 1982) (Wright, C.J., MacKinnon and Ginsburg, JJ.), reciting the complaint of February 17, 1978, the SEC action of March 18, 1978 and the preliminary injunction of April 27, 1978, and vacating the judgment with instructions to dismiss. https://cite.case.law/f2d/680/768/
[^60]: Puharich v. Brenner, 415 F.2d 979 (D.C. Cir. June 25, 1969) (No. 22286; Leventhal, J.). https://cite.case.law/f2d/415/979/
[^61]: "CSICP appeals ruling of FCC," News and Comment, The Skeptical Inquirer, vol. 4, no. 1, Fall 1979, p. 2. https://skepticalinquirer.org/wp-content/uploads/sites/29/2019/03/Issue-01-1.pdf
[^62]: Brief of Respondent CBS Inc. in Opposition, Fairness in Media v. Federal Communications Commission, No. 88-388 (October 3, 1988), pp. 1-3, 7-8 (No. 87-1217 in the D.C. Circuit; per curiam affirmance of June 8, 1988; certiorari denied October 11, 1988). https://archive.org/details/micro_IA40385002_0072
[^63]: Brief for appellants, Citizens TV Protest Committee and Clarksburg Publishing Company v. Federal Communications Commission, No. 18,738 (D.C. Cir. 1964), statement of questions presented and statement of facts. https://archive.org/details/dc_circ_1964_18738_citizens_tv_protest_comm_et_al_v_fed_comm_commn
[^64]: Geller v. Randi, 40 F.3d 1300 (D.C. Cir. Dec. 9, 1994) (Wald, Sentelle and Rogers, JJ.; Sentelle, J., for the court), reciting the January 15, 1992 motions, Geller's failure to respond, and the affirmance of the Rule 11 sanction. https://cite.case.law/f3d/40/1300/
[^65]: Association of American Physicians & Surgeons, Inc. v. Clinton, 997 F.2d 898 (D.C. Cir. June 22, 1993) (Silberman, Buckley and Williams, JJ.; Silberman, J., for the court; Buckley, J., concurring in the judgment), on the task force composition, 3 U.S.C. 105(e), and the remand as to the working group. https://cite.case.law/f2d/997/898/
[^66]: In re Cheney, 334 F.3d 1096 (D.C. Cir. July 8, 2003) (Edwards, Randolph and Tatel, JJ.), on the mandamus petition against the discovery order and the Judicial Watch complaint against the National Energy Policy Development Group. https://cite.case.law/f3d/334/1096/
[^67]: Cheney v. United States District Court for the District of Columbia, 542 U.S. 367 (2004), decided June 24, 2004, vacating the judgment of the court of appeals and remanding. https://www.law.cornell.edu/supremecourt/text/542/367
[^68]: Schneider v. Kissinger, 412 F.3d 190 (D.C. Cir. June 28, 2005) (Sentelle, Henderson and Rogers, JJ.), reciting the original complaint of September 10, 2001, the amended complaint of November 11, 2002, the renewed motion to dismiss of December 12, 2002 and the March 30, 2004 dismissal, and affirming on political question grounds. https://cite.case.law/f3d/412/190/
[^69]: United States v. Pollard, 959 F.2d 1011 (D.C. Cir. Mar. 20, 1992) (No. 90-3276, argued Sept. 10, 1991; R.B. Ginsburg, Silberman and Williams, JJ.; Silberman, J., for the court; Williams, J., concurring in part and dissenting in part). https://cite.case.law/f2d/959/1011/
[^70]: United States v. Pollard, 416 F.3d 48 (D.C. Cir. July 22, 2005) (No. 01-3103; Sentelle, Henderson and Rogers, JJ.; Sentelle, J., for the court; Rogers, J., concurring in part and dissenting in part). https://cite.case.law/f3d/416/48/
[^71]: McFarlane v. Esquire Magazine, 74 F.3d 1296 (D.C. Cir. Jan. 30, 1996) (Williams, Ginsburg and Randolph, JJ.), affirming the rulings on personal jurisdiction over Craig Unger, on dismissal rather than transfer and on actual malice, and quoting the article's passage on the INSLAW affidavit and the court's findings on it. https://cite.case.law/f3d/74/1296/
[^72]: McFarlane v. Sheridan Square Press, Inc., 91 F.3d 1501 (D.C. Cir. Aug. 16, 1996) (No. 95-7201; Williams, Ginsburg and Rogers, JJ.; Ginsburg, J., for the court). https://cite.case.law/f3d/91/1501/
[^73]: United States v. Microsoft Corp., 253 F.3d 34 (D.C. Cir. June 28, 2001) (en banc) (per curiam), affirming in part and reversing in part. https://cite.case.law/f3d/253/34/
[^74]: New Mexico v. Musk, No. 25-cv-429 (D.D.C.), opinion of June 10, 2025, ECF 103, reciting the March 12, 2025 discovery order (ECF 61), the petition in In re Musk, No. 25-5072 (D.C. Cir. filed March 18, 2025), the circuit's order of March 26, 2025 staying that order pending further order, and the district court's minute order of the same date. https://www.govinfo.gov/content/pkg/USCOURTS-dcd-1_25-cv-00429/pdf/USCOURTS-dcd-1_25-cv-00429-1.pdf
[^75]: U.S. DOGE Service v. United States District Court for the District of Columbia, No. 25-1103, Supreme Court of the United States, docket (petition filed March 18, 2026; lower court No. 25-5130, decision July 14, 2025, rehearing denied December 18, 2025). https://www.supremecourt.gov/docket/docketfiles/html/public/25-1103.html
[^76]: Associated Press v. Budowich, No. 25-5109 (D.C. Cir. June 6, 2025) (order granting in part the motion for stay pending appeal, with the statement of Rao, J., joined by Katsas, J., and the statement of Pillard, J., who would deny the motion). https://media.cadc.uscourts.gov/orders/docs/2025/06/25-5109LDSN3.pdf
[^77]: Associated Press v. Budowich, No. 25-5109 (D.C. Cir. July 22, 2025) (order denying the motion for en banc reconsideration and vacatur). https://media.cadc.uscourts.gov/orders/docs/2025/07/25-5109LDEN.pdf
[^78]: Finance Magnates, "CFTC Folds Its Hand in Election Betting Showdown with Kalshi," May 5, 2025 (voluntary dismissal of No. 24-5205 after a 3 to 0 commission vote, each party bearing its own costs). https://www.financemagnates.com/forex/cftc-folds-its-hand-in-election-betting-showdown-with-kalshi ; Protos, "The revolving door for lawyers between Kalshi and DOJ" (Yaakov Roth argued the appeal for Kalshi in January 2025). https://protos.com/the-revolving-door-for-lawyers-between-kalshi-and-doj/
[^79]: United States v. Littlejohn, No. 24-3019 (D.C. Cir. July 17, 2026) (argued November 4, 2025; opinion of Walker, J., joined by Rao, J., and Rogers, S.J.). https://media.cadc.uscourts.gov/opinions/docs/2026/07/24-3019-2183720.pdf

View file

@ -0,0 +1,449 @@
---
title: United States Court of Appeals for the Second Circuit
aliases:
- United States Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Second Circuit
- Second Circuit
- 2d Cir.
category: "Law Enforcement & Legal"
tags:
- Organization
- FederalJudiciary
- Court
- Appeals
- NewYork
- EpsteinCases
- Maxwell
- PentagonPapers
- IranArms
- MobWars
- IBM
- Halkbank
- FISA702
- MKUltra
- Letelier
summary: "Federal appeals court for Connecticut, New York and Vermont whose Maxwell and Epstein, Iran arms, Letelier, Blauer, IBM and Halkbank rulings include the record on this site."
location: "New York, New York"
start: 1891-03-03
created: 2026-10-15
updated: 2026-10-15
relations:
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with: "[[José A. Cabranes]]"
reverse: true
start: 1994-08-10
role: "Circuit Judge; senior status March 9, 2023"
fn: 71
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with: "[[Alison Nathan]]"
reverse: true
start: 2022-03-30
role: "Circuit Judge"
fn: 71
- type: member_of
with: "[[Richard C. Wesley]]"
reverse: true
start: 2003-06-12
role: "Circuit Judge; senior status August 1, 2016"
fn: 71
- type: member_of
with: "[[Raymond J. Lohier Jr.]]"
reverse: true
start: 2010-12-20
role: "Circuit Judge"
fn: 71
- type: member_of
with: "[[Learned Hand]]"
reverse: true
start: 1924-12-20
end: 1961-08-18
role: "Circuit Judge; chief judge 1948 to 1951"
fn: 71
- type: member_of
with: "[[Wilfred Feinberg]]"
reverse: true
start: 1966-03-07
end: 2014-07-31
role: "Circuit Judge; chief judge 1980 to 1988"
fn: 71
- type: member_of
with: "[[Irving R. Kaufman]]"
reverse: true
start: 1961-09-22
end: 1992-02-01
role: "Circuit Judge; chief judge 1973 to 1980"
fn: 71
- type: member_of
with: "[[James L. Oakes]]"
reverse: true
start: 1971-05-27
end: 2007-10-13
role: "Circuit Judge; chief judge 1989 to 1992"
fn: 71
- type: member_of
with: "[[Gerard Lynch]]"
reverse: true
start: 2009-09-18
role: "Circuit Judge"
fn: 71
- type: member_of
with: "[[Reena Raggi]]"
reverse: true
start: 2002-10-04
role: "Circuit Judge"
fn: 71
- type: member_of
with: "[[Rosemary S. Pooler]]"
reverse: true
start: 1998-06-03
end: 2023-08-10
role: "Circuit Judge"
fn: 71
- type: member_of
with: "[[Christopher F. Droney]]"
reverse: true
start: 2011-12-01
role: "Circuit Judge"
fn: 71
- type: member_of
with: "[[Myrna Pérez]]"
reverse: true
start: 2021-11-12
role: "Circuit Judge"
fn: 71
- type: member_of
with: "[[Susan L. Carney]]"
reverse: true
start: 2011-05-17
role: "Circuit Judge; senior status September 27, 2022"
fn: 71
- type: member_of
with: "[[Jerome Frank]]"
reverse: true
start: 1941-03-27
end: 1957-01-13
role: "Circuit Judge"
fn: 71
- type: subject_of
with: "[[Ghislaine Maxwell]]"
reverse: true
start: 2024-09-17
end: 2025-10-06
role: "United States v. Maxwell, No. 22-1426-cr, affirmed; certiorari denied in No. 24-1073"
fn: 56
- type: subject_of
with: "[[Jeffrey Epstein]]"
reverse: true
start: 2019-07-03
role: "Brown v. Maxwell, 929 F.3d 41, unsealing of the summary judgment record"
fn: 41
- type: subject_of
with: "[[Virginia Giuffre]]"
reverse: true
start: 2025-07-23
role: "Giuffre v. Maxwell, Nos. 24-182-cv and 24-203-cv"
fn: 65
- type: subject_of
with: "[[Roy Cohn]]"
reverse: true
start: 1969-09-17
role: "petition for mandamus against Judge Inzer B. Wyatt, denied"
fn: 6
- type: subject_of
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reverse: true
start: 1987-12-03
role: "United States v. Durrani, 835 F.2d 410, conviction affirmed"
fn: 19
- type: subject_of
with: "[[Samuel Evans]]"
reverse: true
start: 1988-04-07
role: "United States v. Evans, 844 F.2d 36, wire and mail fraud dismissal affirmed"
fn: 21
- type: subject_of
with: "[[Jose Santacruz Londono]]"
reverse: true
start: 1993
role: "United States v. Daccarett, 6 F.3d 37, Cali cartel appeal"
fn: 31
- type: subject_of
with: "[[Harold Blauer]]"
reverse: true
start: 1986-07-31
role: "Barrett v. United States, 798 F.2d 565, estate suit"
fn: 15
- type: subject_of
with: "[[Orlando Letelier]]"
reverse: true
start: 1984-11-20
role: "Letelier v. Republic of Chile, 748 F.2d 790, execution against LAN Chile reversed"
fn: 13
- type: subject_of
with: "[[Robert Tappan Morris]]"
reverse: true
start: 1991-03-07
role: "United States v. Morris, 928 F.2d 504, conviction affirmed"
fn: 29
- type: subject_of
with: "[[Khalid bin Mahfouz]]"
reverse: true
start: 2007-06-08
end: 2013-04-16
role: "Ehrenfeld v. Bin Mahfouz and In re Terrorist Attacks, personal jurisdiction"
fn: 32
- type: subject_of
with: "[[Rajat Gupta]]"
reverse: true
start: 2014-03-25
role: "United States v. Gupta, 747 F.3d 111, conviction affirmed"
fn: 36
- type: subject_of
with: "[[IBM]]"
reverse: true
start: 1982-08-13
role: "In re International Business Machines Corp., 687 F.2d 591, writ of mandamus"
fn: 12
- type: subject_of
with: "[[Cornelius Blackshear]]"
reverse: true
start: 1991-01-02
role: "Judicial Council complaint under 28 U.S.C. 372(c) filed by George Francis Bason, Jr."
fn: 27
- type: subject_of
with: "[[Agron Hasbajrami]]"
reverse: true
start: 2019-12-18
role: "United States v. Hasbajrami, 945 F.3d 641"
fn: 46
- type: subject_of
with: "[[Halkbank]]"
reverse: true
start: 2021-10-22
role: "United States v. Turkiye Halk Bankasi A.S., 16 F.4th 336, affirmed"
fn: 53
---
The United States Court of Appeals for the Second Circuit hears appeals from the federal district courts of [[Connecticut]], [[New York]] and [[Vermont]].[^1] Its judges sit in the [[Thurgood Marshall United States Courthouse]] at 40 Foley Square in [[New York City]].[^2]
### Guaranty Trust, 1938
On April 25, 1938 the [[Supreme Court of the United States|Supreme Court]] decided [[Guaranty Trust Co. of New York v. United States]], 304 U.S. 126, a suit by the United States as assignee of Russian Soviet claims against [[Morgan Guaranty Trust|Guaranty Trust Company of New York]]. The Second Circuit had reversed the trial court's judgment, and the Supreme Court reversed the Second Circuit.[^3]
### The Rosenberg appeal and Roy Cohn
On February 25, 1952 the court decided [[United States v. Rosenberg]], the appeal from the convictions of [[Julius Rosenberg]] and [[Ethel Rosenberg]]. The opinion, written by Judge [[Jerome Frank]], states that because two of the defendants faced death if the judgments stood, the court had "scrutinized the record with extraordinary care."[^4] On the government's side [[Myles J. Lane]] appeared for the United States, with [[Roy Cohn]], [[James B. Kilsheimer]] and [[Stanley D. Robinson]] listed as "of counsel."[^5]
Cohn returned to the court in 1969 as a petitioner. On September 17, 1969 a per curiam order denied his petition for a writ of mandamus directing [[Inzer B. Wyatt]], a judge of the [[U.S. District Court for the Southern District of New York|Southern District of New York]], to adjourn Cohn's trial, then set for September 23, 1969, on charges of conspiracy, bribery and extortion. The petition argued that pretrial publicity, including a [[Life (magazine)|Life]] article published September 1 and 2, 1969, made an impartial jury impossible. The order reads: "We deny in open court the Petition of Roy M. Cohn against Judge Inzer B. Wyatt." Assistant United States Attorneys [[Paul L. Perito]] and [[Peter L. Truebner]] were listed on the government's brief.[^6][^7]
### The Pentagon Papers injunction
On June 23, 1971 the court, sitting en banc, remanded the government's suit against the [[New York Times Company]] to the district court "for further in camera proceedings" to determine, by July 3, 1971, whether specified items "pose such grave and immediate danger to the security of the United States as to warrant their publication being enjoined." The stay remained in effect for those items until disposition. The reporter prints a separate statement by Judges [[Irving R. Kaufman]], [[Wilfred Feinberg]] and [[James L. Oakes]] that they dissent and "would vacate the stay and affirm the judgment of the Court below."[^8] The suit concerned the classified study that became known as the [[Pentagon Papers]].
### The Hunt suit against Mobil
In January 1977 the court decided [[Hunt v. Mobil Oil Corp.]], in which [[Nelson Bunker Hunt]] was among the plaintiff appellants suing [[Mobil Oil]] and other defendants.[^9] The complaint was filed in the Southern District of New York on March 3, 1975 and sought treble damages under the antitrust laws. The panel held that the motion to dismiss was correctly decided, and it affirmed the judgment of the district court, which had dismissed before trial, on the basis of the act of state doctrine, the third antitrust claim of the plaintiffs' complaint.
### IBM and the Baxter conflict, 1982
The [[Department of Justice|Justice Department]] had sued [[IBM]] under section 2 of the [[Sherman Act]] on January 17, 1969.[^10] On January 8, 1982 the parties filed a stipulation of dismissal under Rule 41(a)(1)(ii), signed for the government by Assistant Attorney General [[William F. Baxter]]. The stipulation recites that the [[Antitrust Division]] had completed a review of the case and had concluded that the case "is without merit and should be dismissed."[^10]
Judge [[David N. Edelstein]] of the Southern District of New York initially gave no indication that he questioned the effectiveness of the stipulation. On January 26, 1982 he published an article in the [[Wall Street Journal]] calling for the decision to "be scrutinized carefully," and on March 2 he placed in the record letters indicating that Baxter had served as a consultant to IBM during the early stages of a private antitrust suit brought by [[Memorex]].[^11] Edelstein then ruled that whether the [[Tunney Act]] applied to the stipulation was a jurisdictional question for the court to decide.
On August 13, 1982 a panel of Judges [[Thomas J. Meskill]], [[Jon O. Newman]] and [[Amalya L. Kearse]] held that "a writ of mandamus shall issue directing Judge Edelstein to cease any further inquiry with respect to the conflict of interest claim." The panel said it expressed "no view as to the merits of that claim." It did not expedite its review of whether mandamus should also issue on the Tunney Act question, because no urgency attended that aspect of the petition.[^12]
### Letelier v. Republic of Chile, 1984
The families of [[Orlando Letelier]] and Ronni Moffitt, who were killed by a car bomb in Washington in September 1976, obtained a default judgment of more than five million dollars against the Republic of [[Chile]] in the District of Columbia, and then sought to execute on the New York assets of the state airline, [[LAN Chile]]. Judge [[Morris Lasker]] of the Southern District of New York ordered execution. On November 20, 1984 the Second Circuit reversed in an opinion by Judge [[Richard J. Cardamone]], which opens: "How one wishes to decide a case comes lightly to mind, on a wing; but often how one must decide it comes arduously, weighed down by somber thought. To rule otherwise here would only illustrate once again that hard cases make bad law."[^13]
The opinion recites the facts that the district court had found, in part through evidentiary sanctions for Chile's default: that from January 1975 through January 1979 LAN's assets and facilities were under the direct control of Chile, and that Chile used LAN's facilities and personnel to transport [[Michael Townley]] between Chile and the United States, to transport explosives on several occasions, to assist with currency transactions paying the co-conspirators, to provide a meeting place for them, and to arrange for Townley to leave the United States under an alias after the assassination. The panel held that these facts were not the abuse of the corporate form that would overcome the presumption of LAN's separate status under [[First National City Bank v. Banco Para El Comercio Exterior de Cuba]], and wrote that they "simply demonstrate that Michael Townley was able to enlist the cooperation of certain LAN pilots and officials with whom he had a pre-existing social relationship in pursuing his sinister goal." It also held that the property sought was not used for the commercial activity in which the claim arose, and it reversed the orders and dismissed the supplementary proceedings.[^14]
### The Blauer estate and the Army mescaline tests
On July 31, 1986 the court decided [[Barrett v. United States]], an appeal in the suit brought by the estate of [[Harold Blauer]] against the United States and individual defendants, among them the estate of [[Amedeo Marazzi]], whom the opinion describes as Dr. Marazzi "of the Chemical Corps." The opinion recites the estate's allegation that the drug was given "for diagnostic purposes to Mr. Blauer," and that, according to the estate, [[Paul Hoch]] was "well aware" that the compound was a new one "not being administered for diagnostic or therapeutic purposes."[^15] The opinion describes Hoch as the [[New York State Psychiatric Institute]] medical official in charge of administering the compound, and states that the mescaline derivative "had been supplied by the United States [[Army Chemical Corps]] pursuant to contracts between its procurement agency and NYSPI."[^15]
According to records relied on by the estate, a conference of federal counsel and medical personnel met in early July 1954, at which Marazzi and Hoch expressed apprehension about anticipated malpractice claims.[^16]
### Iran arms prosecutions, 1987 and 1988
On December 3, 1987 the court affirmed the convictions of [[Arif Durrani]] under the [[Arms Export Control Act]]. Judge Irving R. Kaufman wrote for a panel with Judges [[Lawrence W. Pierce]] and [[Roger J. Miner]]. The opinion opens by describing the "still simmering national scandal of high government officials engaged in the covert shipment of arms to Iran" and records that Durrani, accused of shipping [[Hawk missile]] parts to [[Iran]] without a license, "candidly admits that he sold arms to Iran, but claims to have been a cog in the wheel turned by Lt. Colonel Oliver North and Vice Admiral John Poindexter." [[Alan Dershowitz]] argued the appeal for Durrani, with [[Nathan Z. Dershowitz]] and Victoria B. Eiger on the brief. [[Holly B. Fitzsimmons]], an Assistant United States Attorney, appeared for the government.[^17]
The opinion recites Durrani's trial account. He described a 1985 encounter with Rahim Malekzedeh, procurement chief of the Iranian Revolutionary Guard, who told him that Iran was dealing with a number of Americans and Israelis including [[Oliver North]], the CIA officer [[George Cave]] and the Israeli official [[Amiram Nir]]. In April 1986 in Portugal a former Iranian intelligence official, George Hassan, told him that he was working with [[Richard Secord]] and [[Albert Hakim]] on the American shipment of parts to Iran. Durrani said that in September 1986 an unidentified staff member of the [[National Security Council]] in Lisbon related the parts to a deal to free American hostages in Lebanon, and that at a meeting in London on October 1, 1986 North assured him "not to worry about the paperwork," because President [[Ronald Reagan]] would shortly authorize arms shipments to Iran. The government presented evidence that his associate Pires paid Durrani more than 800,000 dollars between June and October 1986.[^18] The district court had quashed a broad subpoena for classified Iran-contra documents but gave Durrani a list of Hawk parts that the Iranians had handed to Cave in March 1986. It excluded as hearsay the [[Tower Commission]] report and two memoranda from North to [[John Poindexter]], one of April 16, 1986 and one of September 8, 1986 titled "Next Steps with Iran." The panel held the trial fair and affirmed the conviction "on all counts."[^19]
On April 7, 1988 a panel of Chief Judge Wilfred Feinberg and Judges [[John D. Mahoney]] and Thomas J. Meskill affirmed the dismissal of the wire and mail fraud counts in [[United States v. Evans]]. The government alleged that [[Samuel Evans]], general counsel to [[Adnan Khashoggi]], and other defendants planned to sell arms made in or licensed from the United States to Iran by deceiving the government about the buyer. The court's narrative records that the arms "were destined for [[Cyrus Hashemi]], a government agent pretending to be an Iranian buyer."[^20] The court held that "the right to control future arms sales is not a property right for this purpose."[^21]
### The Commission case, 1989
On January 31, 1989 the court decided [[United States v. Salerno]], the appeal of defendants prosecuted for the Commission of [[La Cosa Nostra]]. The opinion lists the New York City families as the [[Genovese crime family]], the [[Gambino Crime Family]], the [[Colombo crime family]], the [[Lucchese crime family]] and the [[Bonanno crime family]], and states that since the late 1970s the Commission had been controlled by the bosses of four of them.[^22] The opinion describes the Commission as "a nationwide criminal society which operates through local organizations known as 'families.'"[^23]
### Ben-Menashe and the Southern District
The federal case against [[Ari Ben-Menashe]], [[Richard St. Francis]] and [[Joseph O'Toole]] was tried in the Southern District. The district court's August 1, 1990 memorandum by Judge [[Louis L. Stanton]] describes the first count as a conspiracy to sell "American-made C-130 military cargo planes located in [[Israel]] to Iran, in violation of the Arms Export Control Act." Joseph O'Toole was also charged in count two with conspiring with two unindicted co-conspirators to sell American-made anti-aircraft missiles located in Israel to an undisclosed country. St. Francis moved to dismiss the indictment as a violation of due process, arguing that the government had targeted him without reason to believe he wanted to commit a crime and had not discouraged his belief that the transaction would be approved at the highest levels of the United States Government; Ben-Menashe joined the motion, and the memorandum cites the Second Circuit's Evans decision as authority that such claims succeed only in "exceedingly rare" instances. [[Baruch Weiss]], an Assistant United States Attorney, appeared for the government and [[Thomas F.X. Dunn]] for Ben-Menashe.[^24]
A federal jury found Ben-Menashe and St. Francis not guilty on November 28, 1990. At the six-week trial Dunn contended that his client was a former intelligence operative who represented Israeli Prime Minister [[Yitzhak Shamir]] in an attempted arms-for-hostages deal in 1988, and Weiss said Ben-Menashe was merely a translator for Israeli military intelligence from 1977 to 1987.[^25]
### The Judicial Council complaint against Blackshear, 1991
[[Cornelius Blackshear]], a bankruptcy judge in the Southern District of New York, gave testimony in the [[INSLAW]] litigation and later recanted part of it. The bankruptcy judge who heard the matter, [[George Francis Bason, Jr.]], accepted Blackshear's original testimony and found the recantation to be the result of an honest mistake. On January 2, 1991 Bason filed a complaint under 28 U.S.C. § 372(c) with the [[Judicial Council of the Second Circuit]], stating that he had "regretfully concluded that Judge Blackshear recanted not because of an honest mistake but because he made a conscious choice to testify falsely."[^26][^27]
### Robert Tappan Morris, 1991
On March 7, 1991 the court affirmed the conviction of [[Robert Tappan Morris]]. In the fall of 1988 he was a first-year graduate student in the computer science Ph.D. program at [[Cornell University]], and the conviction under the computer fraud statute concerned the program he released onto the network.[^28] The panel found sufficient evidence for the jury to conclude that Morris acted "without authorization" and wrote, "We therefore affirm."[^29] The program became known as the [[Morris worm]]. Morris was one of the two men who, with [[Trevor Blackwell]], put in 50,000 dollars each beside [[Paul Graham]]'s 100,000 dollars to start [[Y Combinator]] in 2005.[^30]
### The Cali cartel appeal, 1993
[[United States v. Daccarett]], decided in 1993 by a panel that included James L. Oakes, arose from a prosecution connected with the [[Cali Cartel]]. The opinion describes the cartel as a Colombian conglomerate, headed by [[Jose Santacruz Londono]], that allegedly imports "approximately 3000 kilograms of cocaine a month into the United States," using bank accounts in the United States, [[Europe]] and Central and [[South America]] to store and move its proceeds.[^31]
### The bin Mahfouz suits, 2007 to 2013
[[Rachel Ehrenfeld]], the author of a 2003 book on terrorist financing published by [[Bonus Books]], brought suit in the Southern District of New York against [[Khalid bin Mahfouz]], a [[Saudi Arabia|Saudi Arabian]] citizen who had formerly headed the National Commercial Bank. The district court dismissed for lack of personal jurisdiction. On June 8, 2007 a panel of Judges Wilfred Feinberg, [[Pierre N. Leval]] and [[José A. Cabranes]] affirmed on N.Y. C.P.L.R. 302(a)(3) and the denial of jurisdictional discovery, and certified to the [[New York Court of Appeals]] the question whether CPLR 302(a)(1) confers jurisdiction over a person who sued a New York resident in a non-United States court when the success of that suit required acts in New York.[^32]
On March 3, 2008 the same panel affirmed the dismissal in [[Ehrenfeld v. Mahfouz]], relying on the New York Court of Appeals' decision.[^33]
On April 16, 2013, in the consolidated [[September 11 attacks]] litigation captioned [[In re Terrorist Attacks on September 11, 2001]], a panel of Judges José A. Cabranes and [[Reena Raggi]], with [[Jed Rakoff]] of the Southern District of New York sitting by designation, affirmed the dismissal of claims against Khaled bin Mahfouz and his son [[Abdulrahman bin Mahfouz]] for lack of personal jurisdiction. The panel also held that [[National Commercial Bank]] lacked the contacts needed for general jurisdiction, and vacated and remanded as to other defendants.[^34]
### Citigroup and Judge Rakoff, 2014
On June 4, 2014 a panel of Judges Rosemary S. Pooler, Raymond J. Lohier Jr. and [[Susan L. Carney]] decided the appeals of the [[Securities and Exchange Commission]] and [[Citigroup]] from the November 28, 2011 order of Judge Jed Rakoff refusing to approve a consent decree and setting the case for trial. The SEC's complaint alleged that Citigroup negligently misrepresented its role in structuring and marketing a billion-dollar fund, Class V Funding III, and that it took a short position against assets it had selected, realizing about 160 million dollars. Judge Pooler wrote that the district court "abused its discretion by applying an incorrect legal standard in assessing the consent decree and setting a date for trial." Judge Lohier concurred. Rakoff had appointed pro bono counsel to argue the district court's side of the appeal.[^35]
### Rajat Gupta, 2014
On March 25, 2014 a panel of Judges Jon O. Newman, Amalya L. Kearse and Rosemary S. Pooler affirmed the conviction of [[Rajat Gupta]], which arose from [[Galleon Group]] trades in [[Goldman Sachs]] stock. The opinion's account of the trial says that at 3:15 p.m. on September 23, 2008, "Goldman Sachs held a special meeting of its board of directors" to approve a $5 billion investment in Goldman by [[Warren Buffett]]. Gupta, a former managing director of [[McKinsey & Company]], took part by telephone from a conference room at the firm's New York office.[^36][^37] Judge Amalya L. Kearse wrote the opinion. [[Richard C. Tarlowe]], an Assistant United States Attorney, appeared for the government, and [[Seth P. Waxman]] of [[Wilmer Cutler Pickering Hale and Dorr]] appeared for Gupta.[^38]
### Brown v. Maxwell and the unsealing of the Giuffre record, 2019
The defamation suit filed by [[Virginia Giuffre]] against [[Ghislaine Maxwell]] in 2015 was assigned to the Southern District of New York judge [[Robert W. Sweet]]. After Maxwell and Giuffre executed a settlement agreement on May 24, 2017, Alan Dershowitz, the writer [[Mike Cernovich|Michael Cernovich]] and the [[Miami Herald]], with its reporter [[Julie K. Brown]], sought the sealed record, and Sweet denied the requests. The Second Circuit heard the consolidated appeals, and a panel of Judges José A. Cabranes, Rosemary S. Pooler and [[Christopher F. Droney]] decided them on July 3, 2019 in [[Brown v. Maxwell]].[^39] [[Sanford L. Bohrer]] and [[Christine N. Walz]] of [[Holland & Knight]] argued for the Herald and Brown, [[Andrew G. Celli Jr.]] of [[Emery Celli Brinckerhoff & Abady]] for Dershowitz, [[Marc Randazza]] for Cernovich, [[Paul G. Cassell]] and [[Sigrid S. McCawley]] of [[Boies Schiller Flexner]] for Giuffre, and Ty Gee and Adam Mueller of [[Haddon, Morgan and Foreman]] for Maxwell.[^40]
The panel held that the district court "failed to conduct the requisite particularized review when ordering the sealing of the materials at issue." It vacated the orders of November 2, 2016, May 3, 2017 and August 27, 2018, ordered "the unsealing of the summary judgment record," and remanded for particularized review of the remaining sealed materials.[^41] The panel also wrote that common-law courts should "revitalize this crucial qualification to the litigation privilege," and it quoted the district court's finding that the sealed documents "were neither relied upon by [the District] Court in the rendering of an adjudication, nor necessary to or helpful in resolving a motion."
The decision came three days before the arrest of [[Jeffrey Epstein]] in New York. On August 9, 2019, the day before Epstein was found dead in the [[Metropolitan Correctional Center, New York]], the Second Circuit unsealed about 2,000 pages of records from Giuffre v. Maxwell, according to the Inspector General's chronology of the jail.[^42] The Stanford Daily reported in 2026 that an unpublished manuscript made public in 2019, after the Second Circuit ordered related court documents unsealed, refers to the former Stanford psychology professor [[Stephen Kosslyn]].[^43]
### FISA Section 702 and United States v. Hasbajrami
On December 18, 2019 the court decided [[United States v. Hasbajrami]], reported at 945 F.3d 641. [[Agron Hasbajrami]] was arrested on September 6, 2011 at [[John F. Kennedy International Airport]] as he attempted to board a flight to Turkey, charged with attempting to provide material support to a terrorist organization, and sentenced to 180 months after pleading guilty. The government disclosed after his sentencing that part of its evidence derived from warrantless surveillance under Section 702 of the FISA Amendments Act of 2008; Judge [[John Gleeson]] of the Eastern District of New York permitted him to withdraw his plea, denied his motion to suppress, and accepted a conditional plea.[^44] The case was argued on August 27, 2018 before Judges [[Gerard Lynch]], Susan L. Carney and Christopher F. Droney.[^45]
Lynch wrote for the panel that the collection of communications of United States persons incidental to the lawful surveillance of non-United States persons located abroad does not violate the Fourth Amendment. The opinion states that "querying" of the stored data "does have important Fourth Amendment implications" and is a "separate Fourth Amendment event that, in itself, must be reasonable." Because the record, classified and public, did not show whether any querying had occurred or whether it was reasonable, the panel remanded for the district court to determine the facts and whether evidence should be suppressed.[^46] [[Michael K. Bachrach]], [[Joshua L. Dratel]] and Steve Zissou appeared for Hasbajrami and [[Seth D. DuCharme]] for the government. [[Patrick Toomey]] and [[Ashley Gorski]] of the [[American Civil Liberties Union]] and [[Mark Rumold]] and Andrew Crocker of the [[Electronic Frontier Foundation]] appeared as amici.[^47] The opinion's footnote records that it was reviewed by appropriate intelligence agencies for redaction, and that the panel met ex parte with representatives of those agencies about modified phrasing and possible declassification.[^48]
### Giuffre v. Maxwell, the Preska orders and the 2020 summary order
After the Brown remand the case went to Judge [[Loretta Preska]], whom President [[George W. Bush]] had nominated to the Second Circuit on September 9, 2008 without a Senate vote.[^49] On July 23, 2020 she ordered the unsealing of materials that included Maxwell's April 2016 deposition. On August 24, 2020 Maxwell's lawyer [[Jeffrey S. Pagliuca]] of Haddon, Morgan and Foreman wrote to Judge Alison Nathan in the criminal case that the government had obtained from Giuffre's lawyers, by grand jury subpoena, nearly 90,000 pages of civil discovery still under the protective order, while the Second Circuit and Judge Preska were deciding whether to unseal the same material, and that if the deposition were unsealed "without the benefit of this information," the "cat will be out of the bag."[^50] [[Laura Menninger]] of the firm was among the lawyers on Maxwell's lead pretrial motion in the criminal case, to dismiss for breach of the 2007 agreement, which Nathan denied on April 16, 2021.[^51]
On October 19, 2020 a panel of Judges Cabranes, Pooler and Raggi affirmed Preska's July 23, 2020 order by summary order. Maxwell had argued that the presumption of access to deposition materials was lower than for the summary judgment materials unsealed in Brown. The panel held that the district court "correctly held that the deposition materials are judicial documents to which the presumption of public access attaches," found that it "did not abuse its discretion in rejecting Maxwell's meritless arguments," and denied her motion to consolidate the appeal with her pending criminal appeal, No. 20-3061-cr. [[David Boies]] argued for Giuffre and Adam Mueller for Maxwell.[^52]
### Halkbank
On October 22, 2021 a panel of Judges Amalya L. Kearse, José A. Cabranes and [[Joseph Bianco]] decided the appeal of [[Turkiye Halk Bankasi A.S.]], known as [[Halkbank]], from the denial of its motion to dismiss the sanctions indictment. The district judge was [[Richard M. Berman]] of the Southern District of New York. The opinion frames its first question as whether a denial of a motion to dismiss a criminal indictment based on the Foreign Sovereign Immunities Act is immediately appealable, and it describes the charged conduct as "a multi-year scheme to launder billions of dollars' worth of Iranian oil and natural gas proceeds in violation of U.S. sanctions against the Government of Iran and Iranian entities and persons."[^53] The panel held that the denial was immediately appealable under the collateral order doctrine, and that "even if we were to assume that FSIA confers immunity in the criminal context," the offense conduct charged would fall under the commercial activity exception to the [[Foreign Sovereign Immunities Act]]. It affirmed.[^53]
On April 19, 2023 the Supreme Court decided the case on certiorari. The syllabus records that the Foreign Sovereign Immunities Act "does not provide immunity from criminal prosecution," and that on the separate common-law immunity argument the Court vacated the judgment of the court of appeals and remanded. The opinion was written by Justice [[Brett Kavanaugh]].[^54]
### The Maxwell appeal and the non-prosecution agreement
On September 17, 2024 the court affirmed the conviction of Ghislaine Maxwell in [[United States v. Maxwell]], No. 22-1426-cr. The panel of Judges José A. Cabranes, [[Richard C. Wesley]] and [[Raymond J. Lohier Jr.]] had heard argument on March 12, 2024. [[Andrew Rohrbach]] argued for the government, with [[Maurene Comey]], Alison Moe, Lara Pomerantz and Won S. Shin on the brief for U.S. Attorney [[Damian Williams]] of the [[U.S. Attorney's Office for the Southern District of New York]], and [[Diana Fabi Samson]] argued for Maxwell, with [[Arthur L. Aidala]] and John M. Leventhal of [[Aidala, Bertuna & Kamins]] on the brief. Judge Cabranes wrote the opinion. It identified five questions: whether the 2007 [[Epstein non-prosecution agreement]] with the [[U.S. Attorney's Office for the Southern District of Florida]] barred the New York prosecution; whether the second superseding indictment complied with the statute of limitations; whether Maxwell was entitled to a new trial over a juror issue; whether a jury note constructively amended the indictment; and whether the sentence was reasonable. The court affirmed the judgment of conviction entered by Judge [[Alison Nathan]], who had sentenced her to concurrent terms of 60, 120 and 240 months and a fine of 250,000 dollars on each count.[^55]
On the first question the court held that "[a] plea agreement binds only the office of the United States Attorney for the district in which the plea is entered unless it affirmatively appears that the agreement contemplates a broader restriction." It noted that the circuits "have been split on this issue for decades." The co-conspirator clause in the agreement covered potential co-conspirators of Epstein, and the clause quoted in the opinion names [[Sarah Kellen]], [[Adriana Ross]], [[Lesley Groff]] and [[Nadia Marcinkova]] among them. The court held that the agreement's scope was "expressly limited to the Southern District of Florida" where it was not silent, and that its terms deferred prosecution "in this District," signed under the authority of [[R. Alexander Acosta]], then U.S. Attorney there.[^56] The court observed that the operative [[United States Attorneys' Manual]] provision then barred any district from making an agreement "which purports to bind any other district(s) or division without the express written approval" of the United States Attorneys concerned or the Assistant Attorney General of the Criminal Division, that the Assistant Attorney General for the Criminal Division had told the [[Office of Professional Responsibility]] that she "played no role" in the agreement, and that nothing before the court indicated the New York office had been notified of or approved it.[^57] Maxwell had moved to dismiss on the ground that the agreement immunized her from prosecution on all counts as a third-party beneficiary, and the district court denied the motion. The court held that the agreement did not bind the New York office.[^56]
On the statute of limitations the court held that the district court "correctly denied Maxwell's motions to dismiss the charges as untimely," because 18 U.S.C. § 3283, as amended in 2003, extended the time to bring charges of sexual abuse of minors for offenses committed before its enactment, and it reviewed the denial of the motion to dismiss the indictment de novo. On the juror issue the court recorded that, after the December 29, 2021 verdict, one juror gave press interviews saying he was a survivor of child sexual abuse although he had answered "no" on three questionnaire questions on the subject, that he testified under a grant of immunity that the answers were an inadvertent mistake, and that the district court found him credible and denied a new trial. The court held that the district court did not abuse its discretion.[^58]
On the sentence the court upheld a four-level leadership enhancement applied to Maxwell's supervision of Sarah Kellen. The district court had relied on testimony from two of Jeffrey Epstein's pilots that Kellen was Maxwell's assistant, corroborated by testimony that Maxwell was Epstein's "number two and the lady of the house" in [[Palm Beach, Florida|Palm Beach]], where much of the abuse occurred.[^59] Epstein's longtime pilot [[Larry Visoski]], who flew his aircraft from 1991 to 2019, was the government's first witness at the trial in November 2021.[^60]
The Second Circuit denied rehearing on November 25, 2024. On October 6, 2025 the Supreme Court denied Maxwell's petition for certiorari in No. 24-1073, docketed on April 14, 2025 and linked to an application to extend the filing deadline.[^61]
### The Melzer sentence appeal, 2024
In a ruling filed in November 2024 the court affirmed the 45-year sentence of [[Ethan Phelan Melzer]], an Army soldier, under docket 23-6247-cr.[^62]
### Giuffre v. Maxwell, 2025
On July 23, 2025 a panel of Judges José A. Cabranes, Reena Raggi and [[Myrna Pérez]] decided the consolidated appeals in [[Giuffre v. Maxwell]] per curiam, after submission on April 14, 2025. Giuffre and the Herald appealed from district court orders declining to unseal certain documents, and Giuffre had died on April 25, 2025 in Australia. Maxwell argued that the court lacked jurisdiction over the challenges to the December 2019 and January 2020 orders for want of a timely notice of appeal; the court concluded that those orders were not final orders and that it had jurisdiction to review all the orders challenged.[^63]
The court clarified that a judicial document's status is determined when it is filed, so that a motion to unseal does not lose that status when the case settles and the motion becomes moot. It also held that a court's failure to rely on a document does not by itself make the presumption of access "only barely cognizable," and that filings relevant to a motion to seal or unseal are themselves judicial documents. The opinion further found that, as to parts of Maxwell's own deposition concerning her sexual relationships with consenting adults, her privacy interests outweighed any presumption of public access.[^64] The court vacated the December 2019 and January 2020 orders in their entirety and the November 18, 2022 oral ruling in part, and remanded "for further individual review of sealed documents and unsealing as warranted."[^65] That ruling had declined to unseal parts of Giuffre's deposition testimony from a Florida action, which Alan Dershowitz had submitted in support of his motion to intervene.[^65] Sigrid S. McCawley appeared for Giuffre, Adam Mueller for Maxwell, and lawyers for two anonymous amici, John Doe 183 and John Doe 133, in support of Maxwell.[^66]
### Appeals pending in the Epstein cases
The six women who sued the [[Government of the United States Virgin Islands]], former Governor [[John de Jongh]], [[Cecile de Jongh]], Governor [[Kenneth Mapp]], Attorney General [[Vincent Frazer]], Senators [[Celestino White]] and [[Carlton Dowe]] and Delegate [[Stacey Plaskett]] in the Southern District of New York appealed to the Second Circuit under No. 26-1316 after final judgment was entered on May 5, 2026 by Judge [[Arun Subramanian]], who had dismissed the claims against Dowe and White on March 21, 2025 for lack of personal jurisdiction.[^67]
[[Nicholas Tartaglione]], the former police officer who was Jeffrey Epstein's cellmate at the Metropolitan Correctional Center when Epstein was found with a cloth around his neck on July 23, 2019, was sentenced by Judge [[Kenneth M. Karas]] on June 10, 2024 to four consecutive life terms. His appeal, No. 24-1852, was pending in May 2026.[^68]
A petition by the former [[BGC Group]] managing director Simon Andriesz to vacate an arbitration award, dismissed by Judge [[Lewis J. Liman]] on April 24, 2025, was appealed under No. 25-1341, which ended with the issue of the mandate on August 28, 2025.[^69] After Alison Nathan's elevation to the Second Circuit, Judge [[Paul Engelmayer]] took over the Maxwell criminal case in the Southern District.[^70]
### The judges
The judges named on this page have the following dates.[^71] Cabranes was commissioned to the [[District of Connecticut]] on December 10, 1979, served as its chief judge from 1992 to 1994, and was commissioned to the Second Circuit on August 10, 1994. He took senior status on March 9, 2023. Alison Nathan was commissioned to the Southern District of New York on October 17, 2011, and to the Second Circuit on March 30, 2022. Richard C. Wesley was commissioned on June 12, 2003 and took senior status on August 1, 2016. Raymond J. Lohier Jr. was commissioned on December 20, 2010. Susan L. Carney was commissioned on May 17, 2011 and took senior status on September 27, 2022. Joseph Bianco was commissioned on May 13, 2019.
Rosemary S. Pooler was commissioned to the [[Northern District of New York]] on August 10, 1994 and to the Second Circuit on June 3, 1998, took senior status on March 23, 2022, and died on August 10, 2023. Reena Raggi was commissioned to the [[Eastern District of New York]] on May 7, 1987 and to the Second Circuit on October 4, 2002. Christopher F. Droney was commissioned to the District of Connecticut on September 18, 1997 and to the Second Circuit on December 1, 2011. Gerard Lynch was commissioned to the Southern District of New York on May 25, 2000 and to the Second Circuit on September 18, 2009. Myrna Pérez was commissioned to the Second Circuit on November 12, 2021.
The earlier judges have the following dates. [[Learned Hand]] was commissioned to the Second Circuit on December 20, 1924, served as chief judge from 1948 to 1951, and died on August 18, 1961. Jerome Frank was commissioned on March 27, 1941 and died on January 13, 1957. Feinberg was commissioned to the Second Circuit on March 7, 1966, served as chief judge from 1980 to 1988, and died on July 31, 2014. Kaufman was commissioned to the Second Circuit on September 22, 1961, served as chief judge from 1973 to 1980, and took senior status on July 1, 1987. Oakes was commissioned to the Second Circuit on May 27, 1971, served as chief judge from 1989 to 1992, and died on October 13, 2007. Meskill was commissioned on April 23, 1975 and died on October 29, 2007. Lawrence W. Pierce was commissioned on November 18, 1981. John D. Mahoney was commissioned on April 7, 1986 and died on October 23, 1996. Kearse was commissioned on June 21, 1979 and took senior status on June 11, 2002. Newman was commissioned to the Second Circuit on June 21, 1979, served as chief judge from 1993 to 1997, and took senior status on July 1, 1997. Pierre N. Leval was commissioned on October 20, 1993 and took senior status on August 16, 2002.
Edelstein, the district judge in the IBM matter, was commissioned to the Southern District of New York on April 8, 1952, served as its chief judge from 1971 to 1980, and died on August 19, 2000.[^71]
[^1]: 28 U.S.C. § 41, circuit composition table, "Second: Connecticut, New York, Vermont." https://www.law.cornell.edu/uscode/text/28/41
[^2]: Second Circuit Court of Appeals, address as printed in the court's website footer: Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007. https://www.ca2.uscourts.gov
[^3]: *Guaranty Trust Co. of New York v. United States*, 304 U.S. 126 (1938) (decided April 25, 1938; "Reversed."; the Second Circuit had reversed the trial court's judgment). https://www.law.cornell.edu/supremecourt/text/304/126
[^4]: *United States v. Rosenberg*, 195 F.2d 583 (2d Cir. Feb. 25, 1952) (Frank, J.). https://static.case.law/f2d/195/cases/0583-01.json
[^5]: *United States v. Rosenberg*, 195 F.2d 583 (2d Cir. Feb. 25, 1952), counsel block: "Myles J. Lane, New York City (Roy M. Cohn, James B. Kilsheimer 3d and Stanley D. Robinson, all of New York City, of counsel), for United States of America." https://static.case.law/f2d/195/cases/0583-01.json
[^6]: *In re Cohn*, 416 F.2d 440 (2d Cir. Sept. 17, 1969) (per curiam). https://static.case.law/f2d/416/cases/0440-01.json
[^7]: *In re Cohn*, 416 F.2d 440 (2d Cir. Sept. 17, 1969), counsel block (Myron J. Greene for the petitioner; John S. Allee for the United States, with Paul L. Perito and Peter L. Truebner on the brief). https://static.case.law/f2d/416/cases/0440-01.json
[^8]: *United States v. New York Times Co.*, 444 F.2d 544 (2d Cir. June 23, 1971) (en banc) (per curiam, with dissent statement). https://static.case.law/f2d/444/cases/0544-01.json
[^9]: *Hunt v. Mobil Oil Corp.*, 550 F.2d 68 (2d Cir. Jan. 12, 1977). https://static.case.law/f2d/550/cases/0068-01.json
[^10]: *In re International Business Machines Corp.*, 687 F.2d 591 (2d Cir. Aug. 13, 1982), Background (complaint of January 17, 1969 under Sherman Act section 2; stipulation of January 8, 1982 under Fed. R. Civ. P. 41(a)(1)(ii), with the Baxter memorandum). https://static.case.law/f2d/687/cases/0591-01.json
[^11]: *In re International Business Machines Corp.*, 687 F.2d 591 (2d Cir. Aug. 13, 1982), Background (Edelstein article of January 26, 1982 in the Wall Street Journal; hearing of March 2, 1982 with letters on Baxter's consultancy to IBM during the Memorex suit). https://static.case.law/f2d/687/cases/0591-01.json
[^12]: *In re International Business Machines Corp.*, 687 F.2d 591 (2d Cir. Aug. 13, 1982) (Meskill, Newman, Kearse, JJ.), Discussion and conclusion ("a writ of mandamus shall issue directing Judge Edelstein to cease any further inquiry with respect to the conflict of interest claim"; "We express no view as to the merits of that claim"; Tunney Act question not expedited). https://static.case.law/f2d/687/cases/0591-01.json
[^13]: *Letelier v. Republic of Chile*, 748 F.2d 790 (2d Cir. Nov. 20, 1984) (Cardamone, J.), introduction and Facts (the 1976 assassination; default judgment of the District of Columbia court; Judge Lasker's opinion of July 28, 1983, 567 F. Supp. 1490). https://static.case.law/f2d/748/cases/0790-01.json
[^14]: *Letelier v. Republic of Chile*, 748 F.2d 790 (2d Cir. Nov. 20, 1984), Parts I and II and conclusion (the findings recited from the district court; "Accordingly, we reverse the orders appealed from and dismiss the supplementary proceedings."). Judgment of November 5, 1980: *Letelier v. Republic of Chile*, 502 F. Supp. 259 (D.D.C. 1980), as cited in the opinion. https://static.case.law/f2d/748/cases/0790-01.json
[^15]: *Barrett v. United States*, 798 F.2d 565 (2d Cir. July 31, 1986), statement of facts (the estate's allegations; Dr. Hoch "the NYSPI medical official in charge of administering the mescaline compound to Blauer"; Hoch's statement on the contract with the Army). https://static.case.law/f2d/798/cases/0565-01.json
[^16]: *Barrett v. United States*, 798 F.2d 565 (2d Cir. July 31, 1986), statement of facts (conference of early July 1954; "According to records relied on by the estate"). https://static.case.law/f2d/798/cases/0565-01.json
[^17]: *United States v. Durrani*, 835 F.2d 410 (2d Cir. Dec. 3, 1987) (Kaufman, J., for Kaufman, Pierce and Miner, JJ.), opening paragraphs and counsel block (Holly B. Fitzsimmons, Asst. U.S. Atty., for appellee; Alan M. Dershowitz, with Nathan Z. Dershowitz and Victoria B. Eiger on the brief, for appellant). https://static.case.law/f2d/835/cases/0410-01.json
[^18]: *United States v. Durrani*, 835 F.2d 410 (2d Cir. Dec. 3, 1987), Background and statement of Durrani's trial testimony (Malekzedeh; Hassan, Secord and Hakim; the Lisbon and London meetings; "not to worry about the paperwork"; payments by Pires in excess of $800,000 between June and October 1986). https://static.case.law/f2d/835/cases/0410-01.json
[^19]: *United States v. Durrani*, 835 F.2d 410 (2d Cir. Dec. 3, 1987), discussion of the subpoena quashed on March 11, 1987, the Hawk parts list given to George Cave on March 1986, the excluded Tower Commission report and North memoranda of April 16 and September 8, 1986, and the introduction ("thus affirm his conviction on all counts"). https://static.case.law/f2d/835/cases/0410-01.json
[^20]: *United States v. Evans*, 844 F.2d 36 (2d Cir. Apr. 7, 1988) (Feinberg, C.J., Meskill, Mahoney, JJ.), Background (the government's allegations; the arms "were destined for Cyrus Hashemi, a government agent pretending to be an Iranian buyer"). https://static.case.law/f2d/844/cases/0036-01.json
[^21]: *United States v. Evans*, 844 F.2d 36 (2d Cir. Apr. 7, 1988), disposition ("the right to control future arms sales is not a property right for this purpose"; "We therefore affirm the decision of the district court dismissing the wire and mail fraud counts of the indictment"). https://static.case.law/f2d/844/cases/0036-01.json
[^22]: *United States v. Salerno*, 868 F.2d 524 (2d Cir. Jan. 31, 1989) (Pratt, Mahoney, Bright, JJ.), statement of the case ("There are five New York City families (i.e., the Genovese, Gambino, Colombo, Lucchese and Bonanno families)."; "Since the late 1970s, the Commission was controlled by the bosses of four of those families"). https://static.case.law/f2d/868/cases/0524-01.json
[^23]: *United States v. Salerno*, 868 F.2d 524 (2d Cir. Jan. 31, 1989), background (RICO enterprise alleged as the "Commission" of La Cosa Nostra, "a nationwide criminal society which operates through local organizations known as 'families'"). https://static.case.law/f2d/868/cases/0524-01.json
[^24]: *United States v. Menashe*, 741 F. Supp. 1135 (S.D.N.Y. Aug. 1, 1990) (Stanton, J.), memorandum and order (count one; count two against O'Toole; St. Francis's due process motion, joined by Ben Menashe; citation of *United States v. Evans*, 667 F. Supp. 974, 988 (S.D.N.Y. 1987), aff'd, 844 F.2d 36 (1988); counsel block: Baruch Weiss, Thomas F.X. Dunn, Lawrence Bader). https://static.case.law/f-supp/741/cases/1135-01.json
[^25]: "2 Acquitted of Trying to Sell Military Cargo Planes to Iran," *The Washington Post*, Nov. 29, 1990 (dateline New York, Nov. 28). https://www.washingtonpost.com/archive/politics/1990/11/29/2-acquitted-of-trying-to-sell-military-cargo-planes-to-iran/2918bfd6-89a7-441a-a124-3b1916e90321/
[^26]: 28 U.S.C. § 372(c) (complaints against judicial officers and the judicial council of the circuit). https://www.law.cornell.edu/uscode/text/28/372
[^27]: Complaint of George Francis Bason, Jr. to the Judicial Council of the Second Circuit, January 2, 1991, under 28 U.S.C. § 372(c).
[^28]: *United States v. Morris*, 928 F.2d 504 (2d Cir. Mar. 7, 1991), Facts ("In the fall of 1988, Morris was a first-year graduate student in Cornell University's computer science Ph.D. program."). https://static.case.law/f2d/928/cases/0504-01.json
[^29]: *United States v. Morris*, 928 F.2d 504 (2d Cir. Mar. 7, 1991), discussion of section 1030(a)(5)(A) ("without authorization") and conclusion ("We therefore affirm."). https://static.case.law/f2d/928/cases/0504-01.json
[^30]: Paul Graham, "How Y Combinator Started," March 2012 ("I agreed to put $100k into the new fund ... Over the next couple days I recruited Robert and Trevor, who put in another $50k each. So YC started with $200k."). https://paulgraham.com/ycstart.html
[^31]: *United States v. Daccarett*, 6 F.3d 37 (2d Cir. 1993), background (Cali cartel headed by Jose Santacruz-Londono; "approximately 3000 kilograms of cocaine a month"). https://static.case.law/f3d/6/cases/0037-01.json
[^32]: *Ehrenfeld v. Bin Mahfouz*, 489 F.3d 542 (2d Cir. June 8, 2007) (Feinberg, Leval, Cabranes, JJ.) (affirming on N.Y. C.P.L.R. 302(a)(3) and the denial of jurisdictional discovery; certifying the 302(a)(1) question to the New York Court of Appeals). https://static.case.law/f3d/489/cases/0542-01.json
[^33]: *Ehrenfeld v. Mahfouz*, 518 F.3d 102 (2d Cir. Mar. 3, 2008) (Feinberg, Leval, Cabranes, JJ.) (affirming in accordance with the New York Court of Appeals decision). https://static.case.law/f3d/518/cases/0102-01.json
[^34]: *In re Terrorist Attacks on September 11, 2001 (Asat Trust Reg.)*, 714 F.3d 659 (2d Cir. Apr. 16, 2013) (Cabranes, Raggi, JJ., and Rakoff, D.J.), summary of holdings ("we AFFIRM the District Court's July 14, 2011 judgment insofar as it dismissed plaintiffs' claims against" Khaled Bin Mahfouz and Abdulrahman Bin Mahfouz for lack of personal jurisdiction; National Commercial Bank lacking general jurisdiction). https://static.case.law/f3d/714/cases/0659-01.json
[^35]: *S.E.C. v. Citigroup Global Markets Inc.*, 752 F.3d 285 (2d Cir. June 4, 2014) (Pooler, J., for Pooler, Lohier and Carney, JJ.; Lohier, J., concurring), introduction, Background I (complaint of October 2011 on the Class V Funding III fund; proposed consent judgment) and counsel block (John R. Wing, appointed pro bono counsel for the district court, Jed S. Rakoff, J.). https://static.case.law/f3d/752/cases/0285-01.json
[^36]: *United States v. Gupta*, 747 F.3d 111 (2d Cir. Mar. 25, 2014) (Newman, Kearse, Pooler, JJ.), statement of the Galleon trades of Goldman Sachs stock on September 23, 2008 ("At 3:15 p.m. on September 23, 2008, Goldman Sachs held a special meeting of its board of directors"). https://static.case.law/f3d/747/cases/0111-01.json
[^37]: *United States v. Gupta*, 747 F.3d 111 (2d Cir. Mar. 25, 2014) (telephone participation from McKinsey's New York office; "The judgment of the district court is affirmed."). https://static.case.law/f3d/747/cases/0111-01.json
[^38]: *United States v. Gupta*, 747 F.3d 111 (2d Cir. Mar. 25, 2014), attorneys block (Richard C. Tarlowe, Assistant United States Attorney, for Appellee; Seth P. Waxman, Wilmer Cutler Pickering Hale & Dorr, for Defendant-Appellant); opinion by Kearse, Circuit Judge. https://static.case.law/f3d/747/cases/0111-01.json
[^39]: *Brown v. Maxwell* (*Dershowitz v. Giuffre*), 929 F.3d 41 (2d Cir. July 3, 2019) (Cabranes, Pooler, Droney, JJ.), statement of the case (settlement agreement of May 24, 2017; intervenors Dershowitz, Cernovich and the Miami Herald with reporter Julie Brown; orders of Judge Robert W. Sweet). https://static.case.law/f3d/929/cases/0041-01.json
[^40]: *Brown v. Maxwell*, 929 F.3d 41 (2d Cir. July 3, 2019), counsel block (Sanford L. Bohrer, Christine N. Walz and Madelaine J. Harrington, Holland & Knight, for the Herald and Brown; Ty Gee and Adam Mueller, Haddon, Morgan and Foreman, for Maxwell; Paul G. Cassell and Sigrid S. McCawley for Giuffre; Andrew G. Celli Jr. and David A. Lebowitz for Dershowitz; Marc Randazza and Jay Marshall Wolman for Cernovich). https://static.case.law/f3d/929/cases/0041-01.json
[^41]: *Brown v. Maxwell*, 929 F.3d 41 (2d Cir. July 3, 2019), conclusion ("we VACATE the District Court's orders entered on November 2, 2016, May 3, 2017, and August 27, 2018, ORDER the unsealing of the summary judgment record as described further herein, and REMAND"). https://static.case.law/f3d/929/cases/0041-01.json
[^42]: U.S. Department of Justice, Office of the Inspector General, *Investigation and Review of the Federal Bureau of Prisons' Custody, Care, and Supervision of Jeffrey Epstein at the Metropolitan Correctional Center in New York, New York*, Report 23-085, June 2023, timeline of August 8 and 9, 2019. https://oig.justice.gov/sites/default/files/reports/23-085.pdf
[^43]: Kucheria and Dolce, "Details emerge in contested sexual assault claim by Epstein victim against former Stanford psychology professor," The Stanford Daily, February 11, 2026, reporting the unpublished manuscript and its release in 2019. https://stanforddaily.com/2026/02/11/details-sexual-assault-claim-kosslyn/
[^44]: *United States v. Hasbajrami*, 945 F.3d 641 (2d Cir. Dec. 18, 2019), opinion of Lynch, J., at 3-5 (arrest of September 6, 2011 at John F. Kennedy International Airport; sentence of 180 months; supplemental disclosure of Section 702 evidence; Gleeson, J.). https://www.govinfo.gov/content/pkg/USCOURTS-ca2-17-02669/pdf/USCOURTS-ca2-17-02669-0.pdf
[^45]: *United States v. Hasbajrami*, Nos. 15-2684(L) and 17-2669(CON) (2d Cir.), caption ("Argued; August 27, 2018. Decided: December 18, 2019"; "LYNCH, CARNEY, and DRONEY, Circuit Judges"); GovInfo package metadata, dateIssued 2019-12-18. https://www.govinfo.gov/metadata/pkg/USCOURTS-ca2-17-02669/mods.xml
[^46]: *United States v. Hasbajrami*, 945 F.3d 641 (2d Cir. Dec. 18, 2019), summary at 2, discussion of querying ("separate Fourth Amendment event that, in itself, must be reasonable") and conclusion ("we REMAND to the district court for further proceedings consistent with this opinion"). https://www.govinfo.gov/content/pkg/USCOURTS-ca2-17-02669/pdf/USCOURTS-ca2-17-02669-0.pdf
[^47]: *United States v. Hasbajrami*, 945 F.3d 641 (2d Cir. Dec. 18, 2019), counsel block (Michael K. Bachrach, Joshua L. Dratel and Steve Zissou for defendant-appellant; Seth D. DuCharme, David C. James, Saritha Komatireddy and Joseph F. Palmer for the United States; Patrick Toomey and Ashley Gorski, American Civil Liberties Union Foundation, and Mark Rumold and Andrew Crocker, Electronic Frontier Foundation, amici curiae). https://www.govinfo.gov/content/pkg/USCOURTS-ca2-17-02669/pdf/USCOURTS-ca2-17-02669-0.pdf
[^48]: *United States v. Hasbajrami*, 945 F.3d 641 (2d Cir. Dec. 18, 2019), footnote 1 (review by appropriate intelligence agencies for redaction; ex parte meeting of the panel with agency representatives). https://www.govinfo.gov/content/pkg/USCOURTS-ca2-17-02669/pdf/USCOURTS-ca2-17-02669-0.pdf
[^49]: Federal Judicial Center, "Preska, Loretta A.," Biographical Directory of Article III Federal Judges. https://www.fjc.gov/history/judges/preska-loretta
[^50]: U.S. Department of Justice, Epstein Library, EFTA00088205, DataSet 9, letter, Jeffrey S. Pagliuca, Haddon, Morgan and Foreman, P.C., to Hon. Alison J. Nathan, "Re: Reply in Support of Request to Modify Protective Order (Under Seal), United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN)," August 24, 2020. https://www.justice.gov/epstein/files/DataSet%209/EFTA00088205.pdf
[^51]: *United States v. Maxwell*, No. 1:20-cr-00330 (S.D.N.Y.), Notice of Motion to Dismiss Superseding Indictment for Breach of Non-Prosecution Agreement, ECF No. 141 (filed Feb. 4, 2021), https://storage.courtlistener.com/recap/gov.uscourts.nysd.539612/gov.uscourts.nysd.539612.141.0.pdf ; Opinion and Order, ECF No. 207 (April 16, 2021), https://www.courtlistener.com/docket/17318376/united-states-v-maxwell/
[^52]: *Giuffre v. Maxwell*, No. 20-2413-cv, Summary Order, Doc. 140-1 (2d Cir. Oct. 19, 2020) (Cabranes, Pooler, Raggi, JJ.). https://www.courthousenews.com/wp-content/uploads/2020/10/Maxwell-ca2.pdf
[^53]: *United States v. Turkiye Halk Bankasi A.S.*, No. 20-3499-cr (2d Cir. Oct. 22, 2021) (Kearse, Cabranes, Bianco, JJ.), reported at 16 F.4th 336 (collateral order jurisdiction; "even if we were to assume that FSIA confers immunity in the criminal context, the offense conduct ... would fall under the commercial activity exception to FSIA"; "we AFFIRM the Decision and Order" of Judge Berman). https://cases.justia.com/federal/appellate-courts/ca2/20-3499/20-3499-2021-10-22.pdf
[^54]: *Turkiye Halk Bankasi A.S. v. United States*, No. 21-1450 (U.S. Apr. 19, 2023), syllabus (on certiorari to the Second Circuit, "16 F. 4th 336, affirmed in part, vacated and remanded in part"; "the Foreign Sovereign Immunities Act does not provide immunity from criminal prosecution"). https://www.law.cornell.edu/supremecourt/text/21-1450
[^55]: *United States v. Maxwell*, No. 22-1426-cr (2d Cir. Sept. 17, 2024) (Cabranes, Wesley, Lohier, JJ.), slip op. at 1-4 (argued March 12, 2024; counsel block; questions presented; sentence of concurrent terms of 60, 120 and 240 months and fine of $250,000 on each count; "AFFIRM the District Court's June 29, 2022, judgment of conviction"). https://storage.courtlistener.com/pdf/2024/09/17/united_states_v._maxwell.pdf
[^56]: *United States v. Maxwell*, No. 22-1426-cr (2d Cir. Sept. 17, 2024), slip op. at 5-6 (co-conspirator clause quoted at A-178, naming Sarah Kellen, Adriana Ross, Lesley Groff and Nadia Marcinkova), 9-11 (plea agreement quotation; scope "expressly limited"; the agreement language of "this District" and the authority of R. Alexander Acosta; "We hold that the NPA with USAO-SDFL does not bind USAO-SDNY"). https://storage.courtlistener.com/pdf/2024/09/17/united_states_v._maxwell.pdf
[^57]: *United States v. Maxwell*, No. 22-1426-cr (2d Cir. Sept. 17, 2024), slip op. at 10 n.11 (*United States v. Annabi*, 771 F.2d 670, 672 (2d Cir. 1985); "have been split on this issue for decades"), 11-12 (United States Attorney's Manual § 9-27.641 (2007); "played no role"; "Nothing before us indicates that USAO-SDNY had been notified or had approved"). https://storage.courtlistener.com/pdf/2024/09/17/united_states_v._maxwell.pdf
[^58]: *United States v. Maxwell*, No. 22-1426-cr (2d Cir. Sept. 17, 2024), slip op. at 7-8 (verdict of December 29, 2021; the juror's interviews, the questionnaire and the hearing of March 8, 2022), 14-19 (18 U.S.C. § 3283 and the PROTECT Act amendment of 2003; "correctly denied Maxwell's motions to dismiss the charges as untimely"; Rule 33 ruling). https://storage.courtlistener.com/pdf/2024/09/17/united_states_v._maxwell.pdf
[^59]: *United States v. Maxwell*, No. 22-1426-cr (2d Cir. Sept. 17, 2024), slip op. at 23-25 (four-level leadership enhancement; testimony of two of Epstein's pilots; "number two and the lady of the house"; "We therefore hold that the District Court did not err in applying the leadership enhancement"). https://storage.courtlistener.com/pdf/2024/09/17/united_states_v._maxwell.pdf
[^60]: Tom Winter and Corky Siemaszko, "Jeffrey Epstein's longtime pilot testifies in trial of Ghislaine Maxwell," NBC News, November 30, 2021. https://www.nbcnews.com/news/us-news/jeffrey-epsteins-longtime-pilot-testifies-trial-ghislaine-maxwell-rcna7078
[^61]: *Maxwell v. United States*, No. 24-1073 (U.S.), docket (docketed April 14, 2025; lower court decision September 17, 2024; "Rehearing Denied: November 25, 2024"; "Oct 06 2025 Petition DENIED"). https://www.supremecourt.gov/docket/docketfiles/html/public/24-1073.html
[^62]: *United States v. Melzer*, No. 23-6247-cr (2d Cir. 2024). Courthouse News: https://www.courthousenews.com/circuit-upholds-45-year-sentence-for-army-soldier-who-plotted-satanic-neo-nazi-ambush/
[^63]: *Giuffre v. Maxwell*, Nos. 24-182-cv(L), 24-203-cv(CON) (2d Cir. July 23, 2025) (Cabranes, Raggi, Pérez, JJ.) (per curiam), caption and opinion at 2-5 (submitted April 14, 2025; decided July 23, 2025; appeal by Giuffre and the Herald; Giuffre's death on April 25, 2025; jurisdiction over the orders of December 2019 and January 2020). https://storage.courtlistener.com/pdf/2025/07/23/giuffre_v._maxwell.pdf
[^64]: *Giuffre v. Maxwell*, Nos. 24-182-cv(L), 24-203-cv(CON) (2d Cir. July 23, 2025), opinion at 2-3 (three clarifications; "only barely cognizable"; Maxwell's deposition and the privacy interests in her relationships with consenting adults). https://storage.courtlistener.com/pdf/2025/07/23/giuffre_v._maxwell.pdf
[^65]: *Giuffre v. Maxwell*, Nos. 24-182-cv(L), 24-203-cv(CON) (2d Cir. July 23, 2025), Part B and disposition ("we remand for further individual review of sealed documents and unsealing as warranted consistent with this opinion"; the December 2019 and January 2020 orders vacated "in their entirety"; the transcript submitted by Alan Dershowitz in support of his motion to intervene). https://storage.courtlistener.com/pdf/2025/07/23/giuffre_v._maxwell.pdf
[^66]: *Giuffre v. Maxwell*, Nos. 24-182-cv(L), 24-203-cv(CON) (2d Cir. July 23, 2025), counsel block (Sigrid S. McCawley for plaintiff-appellant; Christine N. Walz, Scott D. Ponce and Cynthia A. Gierhart, Holland & Knight, for the intervenors-appellants; Adam Mueller, Haddon, Morgan & Foreman, for defendant-appellee; Marion H. Little, Jr. and Matthew S. Zeiger, and Michael G. McGovern, for amici John Doe 183 and John Doe 133). https://storage.courtlistener.com/pdf/2025/07/23/giuffre_v._maxwell.pdf
[^67]: *Doe 1 v. Government of the United States Virgin Islands*, No. 1:23-cv-10301-AS (S.D.N.Y.), Opinion and Order, ECF No. 202 (March 21, 2025), and docket including Judgment, ECF No. 229 (May 5, 2026); No. 26-1316 (2d Cir.), docket. https://www.courtlistener.com/docket/68031620/doe-1-v-government-of-the-united-states-virgin-islands/ ; https://www.courtlistener.com/docket/73544397/doe-1-v-government-of-the-united-states-virgin-islands/
[^68]: *United States v. Tartaglione*, No. 16-CR-832 (KMK) (S.D.N.Y.), Order of Judge Kenneth M. Karas, May 6, 2026, pp. 1 to 13 (appeal No. 24-1852 pending). https://www.nysd.uscourts.gov/sites/default/files/2026-05/16cr832%20-%20Tartaglione%20Order%20-%2026.5.6.pdf ; U.S. Department of Justice, Office of the Inspector General, Report 23-085 (June 2023) (Tartaglione as Epstein's cellmate; July 23, 2019). https://oig.justice.gov/sites/default/files/reports/23-085.pdf
[^69]: Opinion and Order, *Andriesz v. BGC Financial, L.P.*, No. 24-cv-7004 (LJL) (S.D.N.Y. April 23, 2025), docket 37; Judgment, docket 38, April 24, 2025; Order, No. 25-1341 (2d Cir. June 16, 2025), with mandate issued August 28, 2025 (S.D.N.Y. docket 40). https://www.courtlistener.com/docket/69166995/andriesz-v-bgc-financial-lp/
[^70]: Federal Judicial Center, "Engelmayer, Paul Adam," Biographical Directory of Article III Federal Judges. https://www.fjc.gov/history/judges/engelmayer-paul-adam
[^71]: Federal Judicial Center, Biographical Directory of Article III Federal Judges, dataset judges.csv (commission, senior status, chief judge service, termination and death dates for each judge named on this page). https://www.fjc.gov/sites/default/files/history/judges.csv

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@ -0,0 +1,227 @@
---
title: United States Senate
aliases:
- United States Senate
- U.S. Senate
- US Senate
- Senate
created: 2026-10-15
updated: 2026-10-15
tags:
- Organization
- USGovernment
- Congress
- SenateCommittees
- ChurchCommittee
- SenateWatergateCommittee
- MKULTRA
- BCCI
- IranContra
- INSLAW
- CIAOversight
- UAP
- ConfirmationHearings
- SenateEthics
category: "U.S. Government"
summary: "The upper chamber of Congress, whose committees ran the Church, Watergate, Kerry BCCI, Iran-Contra and INSLAW inquiries, whose votes confirmed or rejected intelligence nominees, and whose UAP amendments reached the Congressional Record."
start: 1789-03-04
location: "Washington, D.C."
relations:
- type: investigated
with: "[[Central Intelligence Agency]]"
start: 1975
end: 1976
fn: 2
- type: investigated
with: "[[Project MKUltra]]"
start: 1977
end: 1977
fn: 11
- type: investigated
with: "[[Bank of Credit and Commerce International]]"
start: 1988
end: 1992
fn: 26
- type: investigated
with: "[[Iran-Contra Affair]]"
start: 1987
end: 1987
fn: 36
- type: investigated
with: "[[INSLAW]]"
start: 1988
end: 1989
fn: 21
---
The United States Senate is the upper chamber of the [[United States Congress|Congress]]. Its select committees conducted the principal congressional investigations of the [[Central Intelligence Agency|CIA]], the Iran-Contra affair and the [[Bank of Credit and Commerce International]]; its Permanent Subcommittee on Investigations ran the Army-McCarthy and prisoner-of-war inquiries of the 1950s and the INSLAW and Riggs Bank inquiries of the 1980s and 2000s; and its confirmation votes, ethics proceedings and amendments on unidentified anomalous phenomena are part of the public record.
### Creation of the intelligence committee, 1975 to 1976
On January 27, 1975 the Senate approved S. Res. 21, which created the Select Committee to Study Governmental Operations with Respect to Intelligence Activities, by a vote of 88 to 4.[^1] Its chairman was [[Frank Church]] of Idaho and its vice chairman [[John Tower]] of Texas; the members were [[Philip Hart]], [[Walter Mondale]], [[Walter Huddleston]], [[Robert Morgan]], [[Gary Hart]], [[Howard Baker]], [[Barry Goldwater]], [[Charles Mathias]] and [[Richard Schweiker]], with [[Frederick A. O. Schwarz Jr.]] as chief counsel.[^2] The [[Church Committee]] issued an interim report on November 20, 1975 covering alleged assassination plots in five countries: [[Fidel Castro]] in Cuba, [[Patrice Lumumba]] in the Congo, [[Rafael Trujillo]] in the Dominican Republic, General René Schneider in Chile and [[Ngo Dinh Diem]] in South Vietnam. Its summary states that United States Government personnel plotted to kill Castro from 1960 to 1965, that "American underworld figures and Cubans hostile to Castro" were used in the plots, and that in the Lumumba case "Poisons were sent to the Congo."[^2] The final report ran to six books, and the volume on the performance of the intelligence agencies in the investigation of the assassination of [[John F. Kennedy]] is dated April 23, 1976.[^3]
The standing committee that followed was created by S. Res. 400. The Government Operations Committee voted unanimously on February 24, 1976 to approve a resolution establishing a permanent standing committee on intelligence activities, and the Rules and Administration Committee reported it on April 29, 1976 after a 5 to 4 vote for an amendment in the nature of a substitute offered by its chairman, [[Howard Cannon]].[^4] Cannon introduced a compromise version on May 12, 1976 with 27 cosponsors, and the Majority and Minority Leaders, [[Mike Mansfield]] and [[Hugh Scott]], endorsed it. The Senate agreed to the compromise substitute 87 to 7 and then, on May 19, 1976, agreed to S. Res. 400 by 72 to 22, with six senators not voting, after floor debate spanning ten days and thirteen proposed amendments.[^5] The resolution's stated purposes included "vigilant legislative oversight over the intelligence activities of the United States," and the committee received legislative and budget authorization jurisdiction as well as oversight.[^5] The Rules Committee report on the resolution is S. Rept. 94-770.[^6] On July 1, 1976 the chairman of the new [[Senate Select Committee on Intelligence]], [[Daniel Inouye]], and the Armed Services chairman, [[John Stennis]], signed a memorandum of understanding on shared jurisdiction while the nomination of E. Henry Knoche as Deputy Director of Central Intelligence was before the Senate.[^7] The committee's first annual report, dated May 18, 1977, was issued under Inouye.[^8]
### MKULTRA in the record
The Church Committee's Book I describes [[Project MKUltra|MKULTRA]] as a program concerned with the research and development of chemical, biological and radiological materials for use in clandestine operations to control human behavior. It states that in January 1973 MKULTRA records were destroyed by personnel of the Technical Services Division acting on the verbal orders of [[Sidney Gottlieb]], then chief of the division. Gottlieb testified that he was carrying out the verbal order of Director [[Richard Helms]], and the report records that Helms confirmed this.[^9] The MKULTRA material in Book I is on pages 390 and 391.[^10]
On August 3, 1977 the Select Committee on Intelligence met jointly with the Subcommittee on Health and Scientific Research of the Committee on Human Resources, chaired by [[Edward M. Kennedy]]. Present with Inouye (presiding) and Kennedy were Senators Goldwater, [[Birch Bayh]], Hathaway, Huddleston, Hart, Schweiker, Case, Garn, [[John Chafee|Chafee]], [[Richard Lugar|Lugar]] and Wallop.[^11] Inouye stated that the hearing concerned new documents on CIA drug testing supplied to the committee in the previous week, and that one purpose was "to hear the reasons why these documents were not available to the Church and Kennedy committees."[^11] Director of Central Intelligence [[Stansfield Turner]] testified with other agency witnesses. His statement reported the discovery of seven boxes of MKULTRA documents, which were found to contain 149 subprojects, and stated that the CIA now held the names of 185 non-government researchers and assistants and of 80 institutions where work was done or with which they were affiliated: 44 colleges or universities, 15 research foundations or chemical or pharmaceutical companies, 12 hospitals or clinics in addition to university-associated ones, and 3 penal institutions. The statement noted that the cryptonym had become public in 1975 when details of the drug-related death of [[Frank Olson]] were publicized.[^12] Inouye told the hearing that "the programs that are of greatest concern have stopped," and that the committees were reviewing events that had occurred as long as 25 years earlier.[^13]
### The Senate Watergate committee
The Select Committee on Presidential Campaign Activities was established by S. Res. 60 of February 7, 1973, with [[Sam Ervin]] of North Carolina as chairman and Howard Baker as vice chairman; its members included [[Herman Talmadge]], Inouye, [[Edward Gurney]] and [[Lowell Weicker]]. Its final report is S. Rept. 93-981 of June 1974.[^14] The report states that its knowledge of the activities of [[G. Gordon Liddy]] in the "Gemstone" intelligence-gathering plan came from sources other than Liddy, who refused to testify after the committee, pursuant to a court order, conferred "use" immunity; Liddy's role was detailed through the testimony of [[James McCord]], [[Jeb Stuart Magruder]], [[John Dean]], [[John N. Mitchell]] and [[Howard Hunt]].[^15] Chapter 8 of the report is titled "The Hughes-Rebozo investigation and related matters" and is followed in its table of contents by interviews of [[Robert Maheu]] and [[Nadine Henley]] of the [[Howard Hughes]] organization and concerns the cash contribution delivered to [[Bebe Rebozo]] for [[Richard Nixon]].[^16] The Church Committee's interim report of the previous year had already described Maheu as an ex-FBI agent who became a private investigator in 1954 and whom the CIA used in sensitive covert operations because "he didn't want to have an Agency person or a government person get caught."[^17]
### The Permanent Subcommittee on Investigations
In June 1956 the subcommittee, chaired by [[John L. McClellan]] of Arkansas, held hearings on Communist interrogation, indoctrination and exploitation of American military and civilian prisoners. Its chief counsel was [[Robert Kennedy|Robert F. Kennedy]]. The parent Committee on Government Operations included John F. Kennedy, [[Joseph McCarthy]], [[Henry M. Jackson]], [[Stuart Symington]], Sam Ervin and [[Hubert Humphrey]]. The witnesses included the physicians [[Harold Wolff|Harold G. Wolff]] and [[Lawrence E. Hinkle Jr.]] (the first witnesses, beginning at page 2 of the printed record), the journalist [[Edward Hunter]] (pages 66 and 77), the psychologist [[Albert Biderman|Albert D. Biderman]] and a series of returned prisoners and officers.[^18] The opening statement put the figures on the record: some 7,190 Americans were captured by the Communists during the three years of the Korean War, about one-third died in Communist hands, and of the 4,428 who survived and were repatriated, "over 95 percent were subjected to a well-planned and well-organized campaign to destroy their belief in God, their loyalty to the United States and their faith in the democratic way of life."[^19]
In 1953 and 1954 the same subcommittee was chaired by McCarthy, with [[Roy Cohn]] as chief counsel from January 15, 1953 to August 13, 1954.[^20]
The subcommittee's staff study of the Justice Department's handling of its contract with [[INSLAW]], printed as S. Prt. 101-58 in 1989 under the Governmental Affairs Committee, found no proof that Attorney General [[Edwin Meese]], Deputy Attorney General [[Lowell Jensen]] or other Justice Department officials were involved in a conspiracy to ruin INSLAW or to steal its product; no proof that officials of [[Hadron]] were involved in a conspiracy with Justice Department officials; no proof that INSLAW's problems were connected to the Department's Project EAGLE procurement; and no proof that [[AT&T]] Information Systems participated in an effort to undermine INSLAW's reorganization. It found that the Director of the Executive Office for U.S. Trustees improperly sought special handling for INSLAW's bankruptcy proceeding, and it found the recantation of Judge [[Cornelius Blackshear]], when considered in light of all the facts, to be implausible.[^21] The study also states that the staff's attempt to conduct a free, full and timely investigation was hampered by the Department's lack of cooperation.[^22]
On July 15, 2004 the subcommittee, chaired by [[Norm Coleman]] with [[Carl Levin]] as ranking minority member, released a minority staff report on [[Riggs Bank]]. Its first finding states that Riggs "assisted Augusto Pinochet, former president of Chile, to evade legal proceedings related to his Riggs bank accounts and resisted OCC oversight of these accounts."[^23] On July 22, 2014, with Levin as chairman, it held a hearing on basket options, at which Levin stated that [[Renaissance Technologies]]' Medallion fund had used the structures to produce profits of more than $30 billion from 1999 to 2013, and that [[Deutsche Bank]] and [[Barclays]] had earned about $570 million and $655 million in revenue from them; the Renaissance witness was co-chief executive officer [[Peter Brown]], and the hearing record carries an examination of the structures' effect on taxes paid.[^24] On April 27, 2025 the subcommittee's minority staff, under [[Richard Blumenthal]], issued a memorandum stating that as of January 20, 2025 [[Elon Musk]] and his companies were subject to at least 65 actual or potential actions by 11 different federal agencies, with potential liabilities estimated for 40 of them at not less than $2.37 billion.[^25]
### The BCCI report and the Kerry subcommittee
In December 1992 Senators [[John Kerry]] and [[Hank Brown]] issued a report to the [[Senate Foreign Relations Committee]] titled *The BCCI Affair* (Senate Print 102-140). It covers the investigation conducted by the subcommittee on terrorism, narcotics and international operations, the [[Kerry Committee]], into the Bank of Credit and Commerce International.[^26] The archivist [[Steven Aftergood]] wrote in a note to the committee's electronic text that after the report's release "Sen. Hank Brown, reportedly acting at the behest of Henry Kissinger, pressed for the deletion of a few passages, particularly in Chapter 20 on 'BCCI and Kissinger Associates,'" with the result that the version printed by the Government Printing Office differs slightly from the committee's softcopy.[^27]
The report places the February 9, 1988 hearing testimony of former Panamanian consul [[José Blandón]] on the same day as the heart attack of the bank's founder, [[Agha Hasan Abedi]]. Blandón told the subcommittee that BCCI was handling drug money for [[Manuel Noriega]]. A subpoena to BCCI for Noriega records followed in March.[^28] The Committee's own subpoena was issued on July 27, 1988 and served on August 1, 1988; Clifford wrote Kerry that BCCI would cooperate, asked the full committee's chairman, [[Claiborne Pell]], for a month's delay in producing documents, and met subcommittee staff members Jack Blum and Kathleen Smith. A memorandum to the file by Altman dated August 10, 1988 records Blum as saying that the subcommittee had been led to believe that BCCI, through its banking locations in Panama, Colombia and Miami, had a major involvement in the management of assets for Noriega and for "Michael Harari, reputed to be a close aide of Noriega's, an arms dealer, and formerly an Israeli secret service agent."[^29] The report also records that [[Clark Clifford]] and [[Robert Altman]] sold their shares in CCAH in March 1988, shares that had been pledged to BCCI. A letter from Clifford dated February 8, 1988, which asked the bank's [[Swaleh Naqvi]] to arrange the sale, was written "some time thereafter" according to the [[Federal Reserve Board|Federal Reserve]], and backdated to precede the Abedi heart attack and the Blandón testimony.[^30]
The report describes BCCI's commodities affiliate Capcom as having majority shareholders [[Kamal Adham]] and A. R. Khalil, both former senior Saudi officials who acted successively as Saudi Arabia's principal liaisons to the CIA during the 1970s and 1980s. Its American front men included [[Robert Magness]], chief executive of [[Tele-Communications Inc.]], and TCI vice president [[Larry Romrell]].[^31] A former manager of BCCI's Sloan Street branch in London, [[Ghassan Qassem]], had been given the accounts of [[Abu Nidal]] and passed information on them to British and American intelligence, "apparently as a paid informant, according to press accounts based on interviews with Qassem."[^32]
The report's list of unanswered questions includes "the alleged relationship between the late CIA director [[William J. Casey|William Casey]] and BCCI," "the use of BCCI by central figures in the alleged '[[October Surprise]]'," and "the financial dealings of BCCI directors with [[Charles Keating]] and several Keating affiliates and front-companies."[^33] The subcommittee also stated that payments BCCI made to [[Andrew Young]] while he was a public official "were at best unusual, and by all appearances, improper."[^34]
At the start of the subcommittee's hearings "Drugs, Law Enforcement and Foreign Policy," the Jewish Telegraphic Agency reported, Blandón identified the [[Israel|Israeli]] agent as [[Mike Harari|Michael Harari]], who he said had business with Noriega in Panama in a series of companies for arms contraband to supply the [[Contras]]. The agency's report, which spells the name Harare, quotes Blandón as saying "The Harare network is a network that was established with Israeli citizens, Panamanians and U.S. citizens for arms supply purposes," and Yosef Gal, the Israeli embassy spokesman, as saying that Harari was "acting as a private citizen" in his dealings with Noriega and that the Israeli government had no knowledge of his activities.[^35]
### Iran-Contra and the Contra drug allegations
The Senate Select Committee on Secret Military Assistance to Iran and the Nicaraguan Opposition, chaired by Inouye with [[Warren Rudman]] as vice chairman, took part in the joint investigation with the House committee. The joint report of November 1987 appeared as S. Rept. 100-216 and H. Rept. 100-433.[^36] Among the joint files is a staff memorandum from Robert A. Bermingham to the House committee's chairman, [[Lee Hamilton]], and chief counsel [[John Nields]] on allegations of Contra involvement in drug smuggling. It states that "Our investigation has not developed any corroboration of media-exploited allegations" of U.S. government-condoned drug trafficking by Contra leaders or organizations. It records that Dave Faulkner, an investigator for the Senate select committee, advised that the Senate investigation was also "substantially negative" with regard to Contra drug smuggling; that on July 21, 1987 counsel Hayden Gregory of the Crime Subcommittee of the Judiciary said his investigation had been inconclusive and had developed no pertinent information "above the level of 'street talk'"; that several of those involved had also been questioned or deposed in Senator Kerry's ongoing investigation; and that "almost all of these allegations originate from persons indicted or convicted of drug smuggling."[^37]
[[Donald Gregg]], Vice President [[George H.W. Bush|George H. W. Bush]]'s national security adviser, was nominated as ambassador to South Korea in 1989. The Christian Science Monitor wrote on June 20, 1989 that Gregg had in 1985 helped his CIA acquaintance [[Felix Rodriguez]] obtain a position with the Salvadoran Air Force that became a cover for assisting the Contras, that Gregg insisted he had been kept uninformed for a year and a half, and that senators had been "denied some important documents."[^38] The Senate confirmed him on September 12, 1989 by 66 votes to 33.[^39]
### The Gates confirmation
The Select Committee on Intelligence reported the nomination of [[Robert Gates]] as Director of Central Intelligence on October 24, 1991, after a committee vote of 11 to 4 on October 18.[^40] The report records that [[Richard Babayan]] alleged in news reporting and other forums that Gates had assisted an individual named M. K. Moss in a covert CIA operation to supply arms to [[Iraq]], had sought to transfer cluster bomb technology to [[Carlos Cardoen]], and was aware that a Lancaster, Pennsylvania company was supplying arms to Iraq through South Africa. Cardoen denied meeting Gates in a letter of July 16, 1991. The CIA Inspector General and the [[Federal Bureau of Investigation|FBI]] were asked to investigate, and the committee wrote that "no credible evidence has been presented to the Committee to support these allegations."[^41] In examining Gates's relationship with Cardoen, the committee obtained information about a relationship between Cardoen Industries and a former part-time senior CIA employee, and about a potential conflict of interest arising from [[James D. Theberge]]'s simultaneous relationship with the agency and a Cardoen subsidiary while he served on the Senior Review Panel.[^42]
[[Ari Ben-Menashe]] alleged to the Select Committee on Intelligence during the hearings that Gates conspired with the Reagan-Bush campaign to delay the release of the American hostages and was present at various meetings, including those in Paris; Gates denied the allegations under oath, and the committee later reported that investigations by the FBI and the CIA Inspector General, including analyses of Gates's calendars and travel records, provided no credible evidence to confirm them.[^43] The additional views of Senators John Chafee and [[John Warner]], printed with the committee report, list the questions asked about Gates, among them "Did he illegally enter the United States with Ari Ben Menasche carrying a suitcase stuffed with $16 million in unmarked $100 bills?" They state that Gates's travel records demonstrate he could not have been in Miami when Ben-Menashe claimed he was.[^44] The Senate confirmed Gates on November 5, 1991 by 64 votes to 31.[^45]
### Confirmation votes
[[R. James Woolsey]]'s nomination as Director of Central Intelligence was heard on February 2 and 3, 1993 by the Select Committee on Intelligence under its chairman, [[Dennis DeConcini]].[^46] The Senate rejected the nomination of John Tower as Secretary of Defense on March 9, 1989 by 47 votes to 53.[^47] It confirmed [[Porter Goss]] as Director of Central Intelligence on September 22, 2004 by 77 to 17,[^48] [[John Ratcliffe]] as Director of the CIA on January 23, 2025 by 74 to 25,[^49] [[Tulsi Gabbard]] as Director of National Intelligence on February 12, 2025 by 52 to 48,[^50] [[Howard Lutnick]] as Secretary of Commerce on February 18, 2025 by 51 to 45,[^51] [[Kash Patel]] as Director of the Federal Bureau of Investigation on February 20, 2025 by 51 to 49,[^52] and [[Todd Blanche]] as Attorney General on August 8, 2026 by 50 to 49.[^53]
At the confirmation hearing of [[Hillary Clinton]] before the Senate Foreign Relations Committee on January 13, 2009, ranking member Lugar stated that "the main issue related to Senator Clinton's nomination that has occupied the Committee has been a review of how her service as Secretary of State can be reconciled with the sweeping global activities of President Bill Clinton and the Clinton Foundation."[^54]
In 1985 the Senate Judiciary Committee considered the nomination of [[William Bradford Reynolds]] as Associate Attorney General. The Christian Science Monitor reported on June 20, 1985 that the committee had ten Republicans and eight Democrats, that his confirmation was "said to be in serious trouble" over statements challenged with sworn affidavits and documents, and that DeConcini told Reynolds the issue was not busing and quotas; on June 26 it reported that the committee had postponed its vote on June 20 because there was no majority for recommending confirmation.[^55] The Washington Post of June 28, 1985 reported the committee's 10 to 8 vote of June 27 against the nomination.[^56]
### The 2014 detention report
The committee's study of the CIA's detention and interrogation program was approved by a 9 to 6 vote on December 13, 2012, and filed with the Senate on December 9, 2014 as S. Rept. 113-288, with a foreword by Chairman [[Dianne Feinstein]].[^57] Finding 1 states: "The CIA's use of its enhanced interrogation techniques was not an effective means of acquiring intelligence or gaining cooperation from detainees."[^58] The additional views of [[Susan Collins]] and the minority views of Vice Chairman [[Saxby Chambliss]] and Senators [[Richard Burr]], [[Jim Risch]], [[Dan Coats]], [[Marco Rubio]] and [[Tom Coburn]] are printed with the report.[^59]
### Aerospace programs and the UAP provisions
On June 24, 2009 [[Harry Reid]], then Senate Majority Leader, wrote to Deputy Secretary of Defense [[William J. Lynn III]]. The letter states: "Beginning this past September, the U.S. Senate has mandated that the Defense Intelligence Agency assess far-term foreign advanced aerospace threats to the United States." It asks that a restricted special access program be established for specific portions of the [[Advanced Aerospace Threat Identification Program]], whose studies the letter describes as covering advanced lift, propulsion, unconventional materials and signature reduction.[^60] A [[Defense Intelligence Agency]] talking paper of May 4, 2009, "Senator Reid Visit to Director, DIA," states that Senator Inouye and Senator Reid sponsored language in the July 2008 supplemental appropriation bill for the agency to initiate an investigation of foreign advanced aerospace weapon threats from the present out to 40 years in the future, and that Reid had a deep interest in the potential threat posed by unconventional aerospace technologies.[^61] A 2010 DIA information memorandum states that the program was first sponsored in the fiscal year 2008 Defense Supplemental Appropriation Act by Senators Reid and Inouye with a $10 million add.[^62]
On July 13, 2023 Senator [[Chuck Schumer]], for himself and Senators [[Mike Rounds]], Marco Rubio, [[Kirsten Gillibrand]], [[Todd Young]] and [[Martin Heinrich]], submitted an amendment (S.Amdt. 797) to S. 2226, the National Defense Authorization Act for Fiscal Year 2024, titled the "Unidentified Anomalous Phenomena Disclosure Act of 2023."[^63] The text defines "non-human intelligence" as "any sentient intelligent non-human lifeform regardless of nature or ultimate origin that may be presumed responsible for unidentified anomalous phenomena or of which the Federal Government has become aware," defines "technologies of unknown origin" to include crash debris, mechanisms and "damaged or intact aerospace vehicles, and damaged or intact ocean-surface and undersea craft" associated with such phenomena, creates an Unidentified Anomalous Phenomena Records Review Board, and in section 1110 provides: "The Federal Government shall exercise eminent domain over any and all recovered technologies of unknown origin and biological evidence of non-human intelligence that may be controlled by private persons or entities in the interests of the public good."[^64] The senators' press release of July 14, 2023 described the amendment as modeled on the [[JFK Assassination Records Collection Act]], and Schumer said: "The American public has a right to learn about technologies of unknown origins, non-human intelligence, and unexplainable phenomena."[^65]
The National Defense Authorization Act for Fiscal Year 2024, enacted December 22, 2023 as Public Law 118-31, contains Subtitle C on unidentified anomalous phenomena. Section 1841 directs the Archivist of the United States to establish an "Unidentified Anomalous Phenomena Records Collection" in the [[National Archives and Records Administration|National Archives]].[^66] Section 7343 provides that no funds authorized by the division may be obligated for UAP activity protected by a special or restricted access limitation unless the [[Director of National Intelligence]] has given the details to the appropriate committees and congressional leadership, including for activities described in a report released by the [[All-domain Anomaly Resolution Office]] in fiscal year 2024.[^67] On July 11, 2024 Rounds, for himself and Schumer, submitted S.Amdt. 2610 to S. 4638, the National Defense Authorization Act for Fiscal Year 2025, titled the "Unidentified Anomalous Phenomena Disclosure Act of 2024," which carries the same eminent domain provision.[^68]
### The Keating Five and other ethics matters
In early 1991 the Senate Ethics Committee reported on five senators who had met federal bank regulators on behalf of Charles Keating's [[Lincoln Savings and Loan]]. The panel found "substantial credible evidence" that [[Alan Cranston]] "may have engaged in improper conduct." Of DeConcini and [[Donald Riegle]], it found that their conduct "gave the appearance of being improper and was certainly attended with insensitivity and poor judgment," but that they did not violate law or Senate rules. [[John Glenn]] and [[John McCain]] each, on one occasion, exercised poor judgment.[^69] The committee's preliminary inquiry had begun on December 21, 1989, and it transmitted its report to the Senate on November 19, 1991, a sequence described in the Senate on January 4, 1995 by [[Jesse Helms]], who had been a member of the committee during the proceedings.[^70] On November 20, 1991 the committee reprimanded Cranston for "improper and repugnant" conduct; Cranston expressed "deep remorse" and told the Senate he accepted the reprimand, while denying the committee's assertion that he had violated "accepted norms" of Senate ethical behavior. The committee's chairman, [[Howell Heflin]], said the panel found convincing evidence of a pattern of conduct "in which fund-raising and official activities were substantially linked."[^71]
The Justice Department moved on April 1, 2009 to drop the indictment of former Senator [[Ted Stevens]], whom a jury had convicted the previous fall on seven counts of lying on his Senate disclosure form, in order to conceal $250,000 in gifts from an oil industry executive and other friends.[^72]
Robert Menendez resigned from the Senate effective August 20, 2024, after his federal conviction, while the committee had voted to proceed with an adjudicatory review. On August 21, 2024 the committee's chairman, [[Christopher Coons]], and vice chairman, [[James Lankford]], issued a statement that "The Committee only has jurisdiction over sitting members of the Senate. As such, the Committee has lost jurisdiction for its adjudicatory review and has closed this matter."[^73]
### Senators and committee staff
DeConcini was a Democratic senator from Arizona from January 4, 1977 to January 3, 1995.[^74] He chaired the Select Committee on Intelligence in the 103rd Congress, as the Woolsey hearing record shows.[^46] In 1989 he chaired the Special Committee on Investigations of the Select Committee on Indian Affairs, whose chairman was Inouye, in hearings that included testimony on the [[Cabazon Indian Casino]] in Riverside County, California; the printed record includes a report describing [[Rocco Zangari]], who had operated the casino's cardroom, as a Southern California organized crime figure who in 1988 pleaded guilty to extortion charges, and Anthony Daniels, Deputy Assistant Director of the FBI's Criminal Investigative Division, appears among the witnesses.[^75] Hank Brown served in the Senate from Colorado from January 3, 1991 to January 3, 1997. [[Bob Kerrey]] served from Nebraska from January 3, 1989 to January 3, 2001, and was vice chairman of the Select Committee on Intelligence under Chairman [[Richard Shelby]] in the 105th Congress.[^74][^76] Helms served from North Carolina from January 3, 1973 to January 3, 2003.[^74] [[Paula Hawkins]] served from Florida from January 5, 1981 to January 3, 1987, and in 1981 she appointed [[Jay Howell]] chief counsel to the Subcommittee on Investigations and Oversight, where he conducted investigations and drafted legislation on missing children, child kidnapping, child pornography and serial murder.[^74][^77] The Nebraska Democrat Ben Nelson, a former governor, took his Senate seat on January 3, 2001 and served until January 3, 2013.[^74] [[Ben Sasse]] served from Nebraska from January 6, 2015 to January 8, 2023; as a member of the [[Senate Judiciary Committee|Judiciary Committee]] he wrote on December 3, 2018 to the Justice Department's [[Office of Professional Responsibility]] asking it to investigate the prosecutors who negotiated [[Jeffrey Epstein]]'s 2007 non-prosecution agreement, and his office announced on February 6, 2019 that the Department had responded that the office had opened an investigation.[^74][^78] [[JD Vance]] served from Ohio from January 3, 2023 to January 9, 2025.[^74]
On February 12, 2003 Roll Call reported that Senator [[Jay Rockefeller]], the Intelligence Committee's new vice chairman, had hired [[Christopher Mellon]] as minority staff director, writing: "It's starting to look like the Rockefellers and Mellons are taking over the Senate Select Intelligence Committee."[^79]
The Senate's treaty record includes territorial and law-enforcement conventions. The Foreign Relations Committee took no action on the 1867 convention for the cession of St. Thomas and St. John until March 24, 1870, when [[Charles Sumner]] reported it adversely and the Senate acquiesced; the 1916 convention for the cession of the Danish West Indies received the Senate's advice and consent by resolution of September 9, 1916, and ratifications were exchanged on January 17, 1917.[^80] The United States and [[Jamaica]] signed a Mutual Legal Assistance Treaty at Kingston on July 7, 1989, which the President transmitted to the Senate on October 25, 1991 (Treaty Doc. 102-16), the Foreign Relations Committee reported favorably on May 7, 1992 (Senate Executive Report 102-32), and the Senate gave its advice and consent on July 2, 1992.[^81]
### Footnotes
[^1]: Kaiser, Frederick M., *Legislative History of the Senate Select Committee on Intelligence*, Congressional Research Service, Library of Congress, August 16, 1978, n. 21 (S. Res. 21, introduced January 21, 1975, approved by the full Senate January 27, 1975 by a vote of 88-4; Congressional Record, vol. 121, January 27, 1975, pp. S967-S984). https://sgp.fas.org/crs/intel/leghist.pdf
[^2]: Select Committee to Study Governmental Operations with Respect to Intelligence Activities, United States Senate, *Alleged Assassination Plots Involving Foreign Leaders: An Interim Report*, S. Rept. 94-465, November 20, 1975, committee roster and section I.D.2, "Summary of Findings and Conclusions on the Plots." https://www.intelligence.senate.gov/sites/default/files/94465.pdf
[^3]: Select Committee to Study Governmental Operations with Respect to Intelligence Activities, *Final Report*, S. Rept. 94-755, Books I-VI (1976). Book V, *The Investigation of the Assassination of President John F. Kennedy: Performance of the Intelligence Agencies*, is dated April 23, 1976. https://archive.org/details/finalreportofsel05unit
[^4]: Kaiser, *Legislative History of the Senate Select Committee on Intelligence* (1978), part III (Government Operations Committee vote of February 24, 1976; Rules and Administration Committee report of April 29, 1976 after a 5-to-4 vote for the "Cannon Amendment"). https://sgp.fas.org/crs/intel/leghist.pdf
[^5]: Kaiser, *Legislative History of the Senate Select Committee on Intelligence* (1978), introductory summary and part IV (introduction of the Cannon compromise on May 12, 1976 with 27 cosponsors and the endorsement of Senators Mansfield and Scott; Amendment No. 1643 agreed to 87 to 7; S. Res. 400 agreed to 72 to 22 with 6 senators not voting on May 19, 1976; text of the resolution's purpose clause; Congressional Record, vol. 122, May 19, 1976). https://sgp.fas.org/crs/intel/leghist.pdf
[^6]: U.S. Senate, Committee on Rules and Administration, report on S. Res. 400, "To establish a Standing Committee of the Senate on Intelligence Activities," 94th Congress, 2d session, S. Rept. 94-770 (1976), including the "Rules Committee amendment to S. Res. 400." https://www.intelligence.senate.gov/sites/default/files/94770.pdf
[^7]: Kaiser, *Legislative History of the Senate Select Committee on Intelligence* (1978), part V (memorandum of understanding of July 1, 1976 signed by Chairman Stennis of Armed Services and Chairman Inouye of the Select Committee on Intelligence; nomination of E. Henry Knoche to be Deputy Director of Central Intelligence; Congressional Record, vol. 122, July 1, 1976, p. S11355). https://sgp.fas.org/crs/intel/leghist.pdf
[^8]: U.S. Senate, Select Committee on Intelligence, *Annual Report to the Senate*, 95th Congress, 1st session, S. Rept. 95-21 (May 18, 1977). https://www.intelligence.senate.gov/sites/default/files/publications/95217.pdf
[^9]: Church Committee, *Final Report*, Book I, S. Rept. 94-755, section on MKULTRA, citing the testimony of Sidney Gottlieb and the confirmation of Richard Helms. https://archive.org/details/finalreportofsel01unit
[^10]: Church Committee, *Final Report*, Book I, S. Rept. 94-755, pp. 390-391. https://archive.org/details/finalreportofsel01unit
[^11]: *Project MKULTRA, the CIA's Program of Research in Behavioral Modification*, joint hearing before the Select Committee on Intelligence and the Subcommittee on Health and Scientific Research of the Committee on Human Resources, United States Senate, 95th Congress, 1st session, August 3, 1977, list of members present and opening statement of Senator Inouye. https://archive.org/details/jointhearing_project-mkultra_1977
[^12]: *Project MKULTRA* joint hearing (August 3, 1977), prepared statement of Admiral Stansfield Turner, Director of Central Intelligence, including his letter to the chairman of July 15, 1977 on the discovery of seven boxes of MKULTRA documents. https://archive.org/details/jointhearing_project-mkultra_1977
[^13]: *Project MKULTRA* joint hearing (August 3, 1977), statement of Senator Inouye. https://archive.org/details/jointhearing_project-mkultra_1977
[^14]: U.S. Senate, Select Committee on Presidential Campaign Activities, *The Final Report*, S. Rept. 93-981, 93d Congress, 2d session (June 1974), title page and committee roster. https://archive.org/details/WatergateErvinCommitteeReport
[^15]: Select Committee on Presidential Campaign Activities, *The Final Report*, S. Rept. 93-981, discussion of Liddy and the "Gemstone" plan. https://archive.org/details/WatergateErvinCommitteeReport
[^16]: Select Committee on Presidential Campaign Activities, *The Final Report*, S. Rept. 93-981, table of contents, chapter 8, "The Hughes-Rebozo investigation and related matters" (interviews of Robert A. Maheu and Nadine Henley). https://archive.org/details/WatergateErvinCommitteeReport
[^17]: Church Committee, *Alleged Assassination Plots Involving Foreign Leaders*, S. Rept. 94-465 (1975), discussion of Robert A. Maheu (testimony of 5/30/75, p. 158). https://www.intelligence.senate.gov/sites/default/files/94465.pdf
[^18]: U.S. Senate, Permanent Subcommittee on Investigations of the Committee on Government Operations, *Communist Interrogation, Indoctrination and Exploitation of American Military and Civilian Prisoners*, hearings, 84th Congress, 2d session, June 19, 20, 26 and 27, 1956 (Government Printing Office, 1956), committee and subcommittee rosters (Chairman McClellan; Robert F. Kennedy, chief counsel) and contents list of witnesses. https://archive.org/details/communist_interrogation_indoctrination_and_exploitation_of_the_american_military
[^19]: *Communist Interrogation, Indoctrination and Exploitation of American Military and Civilian Prisoners* (1956), opening statement. https://archive.org/details/communist_interrogation_indoctrination_and_exploitation_of_the_american_military
[^20]: U.S. Senate, Committee on Governmental Affairs, *Executive Sessions of the Senate Permanent Subcommittee on Investigations*, vol. 1, S. Prt. 107-84 (made public January 2003), historical introduction and "Subcommittee Staff Appointed in 1953-1954" (Roy M. Cohn, chief counsel, January 15, 1953 to August 13, 1954). https://www.senate.gov/about/resources/pdf/mccarthy-hearings-volume1.pdf
[^21]: U.S. Senate, Committee on Governmental Affairs, Permanent Subcommittee on Investigations, *Staff Study of Allegations Pertaining to the Department of Justice's Handling of a Contract with INSLAW, Inc.*, S. Prt. 101-58, 101st Congress, 1st session (1989), table of contents, part II (findings a through h). https://archive.org/details/StaffStudyOfAllegationsPertainingToTheDepartmentOfJusticesHandlingOfAContractWithInslaw
[^22]: *Staff Study ... INSLAW, Inc.*, S. Prt. 101-58 (1989), part III, "The Subcommittee Experiences Problems With the Department of Justice." https://archive.org/details/StaffStudyOfAllegationsPertainingToTheDepartmentOfJusticesHandlingOfAContractWithInslaw
[^23]: U.S. Senate, Permanent Subcommittee on Investigations, minority staff, *Money Laundering and Foreign Corruption: Enforcement and Effectiveness of the Patriot Act, Case Study Involving Riggs Bank* (report released with the hearing of July 15, 2004), findings of fact (1). https://archive.org/details/SenateSubcommitteeReportOnMoneyLaunderingAndRiggsBank
[^24]: U.S. Senate, Permanent Subcommittee on Investigations, hearing "Abuse of Structured Financial Products: Misusing Basket Options to Avoid Taxes and Leverage Limits," July 22, 2014, S. Hrg. 113-422, opening statement of Chairman Levin; testimony of Peter Brown. https://www.govinfo.gov/content/pkg/CHRG-113shrg89882/pdf/CHRG-113shrg89882.pdf
[^25]: U.S. Senate, Permanent Subcommittee on Investigations, Minority Staff, memorandum "Calculating Risk: Estimating the Legal Liability Elon Musk May Avoid Through His Government Takeover," April 27, 2025, key findings (a partisan staff document prepared by the minority). https://www.hsgac.senate.gov/wp-content/uploads/2025-04-27-Minority-Staff-Memorandum-Elon-Musk-Conflicts.pdf
[^26]: Kerry, John, and Hank Brown, *The BCCI Affair: A Report to the Committee on Foreign Relations, United States Senate*, 102d Congress, 2d session, Senate Print 102-140 (December 1992), cover page. https://archive.org/details/TheBCCIAffair
[^27]: Aftergood, Steven, editorial note, "The BCCI Affair," Federation of American Scientists. https://irp.fas.org/congress/1992_rpt/bcci/
[^28]: Kerry and Brown, *The BCCI Affair*, S. Prt. 102-140, passage on the February 9, 1988 hearing, Blandon's testimony, and the March 1988 subpoena to BCCI for Noriega records. https://archive.org/details/TheBCCIAffair
[^29]: Kerry and Brown, *The BCCI Affair*, S. Prt. 102-140, passage on the subpoena of July 27, 1988, service on August 1, 1988, Clifford's letter to Kerry, the request to Senator Pell, and the memorandum to the file from Altman dated August 10, 1988. https://archive.org/details/TheBCCIAffair
[^30]: Kerry and Brown, *The BCCI Affair*, S. Prt. 102-140, passage on the March 1988 sale of CCAH shares, the Clifford letter, and the Federal Reserve finding on its dating. https://archive.org/details/TheBCCIAffair
[^31]: Kerry and Brown, *The BCCI Affair*, S. Prt. 102-140, passage on Capcom's shareholders and U.S. front men. https://archive.org/details/TheBCCIAffair
[^32]: Kerry and Brown, *The BCCI Affair*, S. Prt. 102-140, passage on Ghassan Qassem and Abu Nidal, citing press accounts based on interviews with Qassem. https://archive.org/details/TheBCCIAffair
[^33]: Kerry and Brown, *The BCCI Affair*, S. Prt. 102-140, list of unanswered questions. https://archive.org/details/TheBCCIAffair
[^34]: Kerry and Brown, *The BCCI Affair*, S. Prt. 102-140, passage on payments to Andrew Young. https://archive.org/details/TheBCCIAffair
[^35]: "Ex-agent of the Mossad Implicated in Drug Deals with Panamanian," Jewish Telegraphic Agency, 1988 (report on the testimony of Jose Blandon before the Senate Foreign Relations Subcommittee on Terrorism, Narcotics and International Operations in the hearings "Drugs, Law Enforcement and Foreign Policy"). https://www.jta.org/archive/ex-agent-of-the-mossad-implicated-in-drug-deals-with-panamanian
[^36]: *Report of the Congressional Committees Investigating the Iran-Contra Affair*, S. Rept. 100-216, H. Rept. 100-433, 100th Congress, 1st session (November 1987), title page and committee membership of the Senate Select Committee on Secret Military Assistance to Iran and the Nicaraguan Opposition. https://archive.org/details/reportofcongress87unit
[^37]: Robert A. Bermingham, staff memorandum to Chairman Hamilton and John Nields, "Allegations Re: Contra Involvement With Drug Smuggling," in *Report of the Congressional Committees Investigating the Iran-Contra Affair*, pp. 630-631 (1987). https://archive.org/details/reportofcongress87unit
[^38]: "The Iran-Contra Ghost," *Christian Science Monitor*, June 20, 1989. https://www.csmonitor.com/1989/0620/egregg.html
[^39]: U.S. Senate, Roll Call Vote 174, 101st Congress, 1st session, September 12, 1989, on the nomination of Donald Phinney Gregg to be Ambassador to the Republic of Korea: Nomination Confirmed, 66 yeas, 33 nays. https://www.senate.gov/legislative/LIS/roll_call_votes/vote1011/vote_101_1_00174.htm
[^40]: U.S. Senate, Select Committee on Intelligence, *Nomination of Robert M. Gates to be Director of Central Intelligence*, S. Exec. Rept. 102-19, 102d Congress, 1st session (October 24, 1991), committee action of October 18, 1991 (11 to 4). https://www.intelligence.senate.gov/wp-content/uploads/2024/08/sites-default-filesations-10219.pdf
[^41]: S. Exec. Rept. 102-19, section 5, "Allegations Relating to CIA's Relationship with Carlos Cardoen." https://www.intelligence.senate.gov/wp-content/uploads/2024/08/sites-default-filesations-10219.pdf
[^42]: S. Exec. Rept. 102-19, section 5, on the relationship between Cardoen Industries and a former part-time CIA employee, and on the Senior Review Panel and James D. Theberge. https://www.intelligence.senate.gov/wp-content/uploads/2024/08/sites-default-filesations-10219.pdf
[^43]: U.S. House of Representatives, *Joint Report of the October Surprise Task Force*, January 3, 1993, p. 172 (section "The Whereabouts of Robert Gates"), citing the Senate Select Committee on Intelligence report on the Gates nomination. https://archive.org/details/JointReportOfTheOctoberSurpriseTaskForce
[^44]: S. Exec. Rept. 102-19, "Additional Views of Senators John H. Chafee and John W. Warner." https://www.intelligence.senate.gov/wp-content/uploads/2024/08/sites-default-filesations-10219.pdf
[^45]: U.S. Senate, Roll Call Vote 243, 102d Congress, 1st session, November 5, 1991, on the nomination of Robert M. Gates to be Director of Central Intelligence: Nomination Confirmed, 64 yeas, 31 nays. https://www.senate.gov/legislative/LIS/roll_call_votes/vote1021/vote_102_1_00243.htm
[^46]: U.S. Senate, Select Committee on Intelligence, *Nomination of R. James Woolsey to be Director of Central Intelligence*, hearings of February 2 and 3, 1993, S. Hrg. 103-296 (Dennis DeConcini, Arizona, Chairman). https://www.intelligence.senate.gov/wp-content/uploads/2024/08/sites-default-files-hearings-103296.pdf
[^47]: U.S. Senate, Roll Call Vote 20, 101st Congress, 1st session, March 9, 1989, on the nomination of John Goodwin Tower to be Secretary of Defense: Nomination Rejected, 47 yeas, 53 nays. https://www.senate.gov/legislative/LIS/roll_call_votes/vote1011/vote_101_1_00020.htm
[^48]: U.S. Senate, Roll Call Vote 187, 108th Congress, 2d session, September 22, 2004, on the nomination of Porter J. Goss to be Director of Central Intelligence: Nomination Confirmed, 77 yeas, 17 nays. https://www.senate.gov/legislative/LIS/roll_call_votes/vote1082/vote_108_2_00187.htm
[^49]: U.S. Senate, Roll Call Vote 13, 119th Congress, 1st session, January 23, 2025, on the nomination of John Ratcliffe to be Director of the Central Intelligence Agency: Nomination Confirmed, 74 yeas, 25 nays. https://www.senate.gov/legislative/LIS/roll_call_votes/vote1191/vote_119_1_00013.htm
[^50]: U.S. Senate, Roll Call Vote 50, 119th Congress, 1st session, February 12, 2025, on the nomination of Tulsi Gabbard to be Director of National Intelligence: Nomination Confirmed, 52 yeas, 48 nays. https://www.senate.gov/legislative/LIS/roll_call_votes/vote1191/vote_119_1_00050.htm
[^51]: U.S. Senate, Roll Call Vote 57, 119th Congress, 1st session, February 18, 2025, on the nomination of Howard Lutnick to be Secretary of Commerce: Nomination Confirmed, 51 yeas, 45 nays. https://www.senate.gov/legislative/LIS/roll_call_votes/vote1191/vote_119_1_00057.htm
[^52]: U.S. Senate, Roll Call Vote 61, 119th Congress, 1st session, February 20, 2025, on the nomination of Kashyap Patel to be Director of the Federal Bureau of Investigation: Nomination Confirmed, 51 yeas, 49 nays. https://www.senate.gov/legislative/LIS/roll_call_votes/vote1191/vote_119_1_00061.htm
[^53]: U.S. Senate, Roll Call Vote 230, 119th Congress, 2d session, August 8, 2026, on the nomination of Todd Blanche to be Attorney General (PN1078): Nomination Confirmed, 50 yeas, 49 nays. https://www.senate.gov/legislative/LIS/roll_call_votes/vote1192/vote_119_2_00230.htm
[^54]: Lugar, Richard G., opening statement at the confirmation hearing of Senator Hillary Clinton to be Secretary of State, Senate Committee on Foreign Relations, January 13, 2009. https://www.foreign.senate.gov/imo/media/doc/LugarStatement090113a.pdf
[^55]: Richey, Warren, "Senate confirmation for senior Justice Department official is in jeopardy," *Christian Science Monitor*, June 20, 1985, https://www.csmonitor.com/1985/0620/arey.html ; "Reynolds issues: integrity and civil rights," *Christian Science Monitor*, June 26, 1985, https://www.csmonitor.com/1985/0626/ebrad.html
[^56]: *The Washington Post*, June 28, 1985.
[^57]: U.S. Senate, Select Committee on Intelligence, *Committee Study of the Central Intelligence Agency's Detention and Interrogation Program*, S. Rept. 113-288, 113th Congress, 2d session (filed December 9, 2014), transmittal letter stating the 9-6 vote of December 13, 2012, and foreword by Chairman Feinstein. https://www.intelligence.senate.gov/sites/default/files/documents/CRPT-113srpt288.pdf
[^58]: S. Rept. 113-288, findings and conclusions, Finding 1. https://www.intelligence.senate.gov/sites/default/files/documents/CRPT-113srpt288.pdf
[^59]: S. Rept. 113-288, table of contents, "Additional Views of Senator Collins" and "Minority Views of Vice Chairman Chambliss, Senators Burr, Risch, Coats, Rubio, and Coburn." https://www.intelligence.senate.gov/sites/default/files/documents/CRPT-113srpt288.pdf
[^60]: Letter from Senator Harry Reid to Deputy Secretary of Defense William J. Lynn III, June 24, 2009, released by the Defense Intelligence Agency. https://documents2.theblackvault.com/documents/dia/AAWSAP/20090624_Reid_to_DEPSECDEF_ref_AAITP_in_SAP.pdf
[^61]: Defense Intelligence Agency, talking paper, "(U) Senator Reid Visit to Director, DIA," May 4, 2009, paragraph 2, "Background." https://documents2.theblackvault.com/documents/dia/AAWSAP/DR_Reid_Mtg_May09.pdf
[^62]: Defense Intelligence Agency, Information Memorandum U-10-2552, "Advanced Aerospace Threat and Identification Program," 2010. https://documents2.theblackvault.com/documents/dia/AAWSAP/U-10-2552CE-IM-ATL.pdf
[^63]: *Congressional Record*, Senate, July 13, 2023, p. S2953, S.Amdt. 797 to S. 2226, submitted by Mr. Schumer for himself, Mr. Rounds, Mr. Rubio, Mrs. Gillibrand, Mr. Young and Mr. Heinrich. https://www.congress.gov/118/crec/2023/07/13/169/120/CREC-2023-07-13-pt1-PgS2953.pdf
[^64]: *Congressional Record*, Senate, July 13, 2023, S.Amdt. 797, sec. 1103 (definitions of "non-human intelligence" and "technologies of unknown origin"), the Review Board provisions, and sec. 1110, "Disclosure of Recovered Technologies of Unknown Origin and Biological Evidence of Non-Human Intelligence." https://www.congress.gov/118/crec/2023/07/13/169/120/CREC-2023-07-13-pt1-PgS2953.pdf
[^65]: Senators Todd Young, Chuck Schumer and Mike Rounds, press release, "Young, Colleagues Introduce New Legislation to Declassify Government Records Related to UFOs and Unidentified Anomalous Phenomena, Modeled After JFK Assassination Records Collection Act as an Amendment," July 14, 2023. https://www.young.senate.gov/news/press-releases/young-colleagues-introduce-new-legislation-to-declassify-government-records-related-to-ufos-and-unidentified-anomalous-phenomena_modeled-after-jfk-assassination-records-collection-act-as-an-amendment
[^66]: National Defense Authorization Act for Fiscal Year 2024, Public Law 118-31, enacted December 22, 2023 (H.R. 2670), Subtitle C, sec. 1841. https://www.govinfo.gov/content/pkg/PLAW-118publ31/pdf/PLAW-118publ31.pdf
[^67]: Public Law 118-31, sec. 7343, "Funding limitations relating to unidentified anomalous phenomena," subsection (b). https://www.govinfo.gov/content/pkg/PLAW-118publ31/pdf/PLAW-118publ31.pdf
[^68]: *Congressional Record*, Senate, July 11, 2024, p. S4943, S.Amdt. 2610 to S. 4638, submitted by Mr. Rounds for himself and Mr. Schumer, "Unidentified Anomalous Phenomena Disclosure Act of 2024," division sec. 1110 (eminent domain). https://www.congress.gov/118/crec/2024/07/11/170/115/CREC-2024-07-11-pt1-PgS4943.pdf
[^69]: "Panel Rules on 'Keating 5,'" *Christian Science Monitor*, March 1, 1991, reporting the Senate Ethics Committee findings on Cranston, DeConcini, Riegle, Glenn and McCain. https://www.csmonitor.com/layout/set/amphtml/1991/0301/afil01.html
[^70]: *Congressional Record*, Senate, January 4, 1995, p. S420, remarks of Mr. Helms introducing S. Res. 21 on the membership of the Select Committee on Ethics. https://www.congress.gov/104/crec/1995/01/04/CREC-1995-01-04-pt3-PgS420-2.pdf
[^71]: "Cranston Reprimanded," Reuters, in *Christian Science Monitor*, November 22, 1991. https://www.csmonitor.com/1991/1122/22063.html
[^72]: "Justice Dept. Seeks To Void Stevens' Conviction," NPR, April 1, 2009, reporting the conviction of the previous fall on seven counts and the Justice Department motion to drop the charges. https://www.npr.org/2009/04/01/102589818/justice-dept-seeks-to-void-stevens-conviction
[^73]: U.S. Senate, Select Committee on Ethics, "Statement of the Select Committee on Ethics Regarding the Matter of Senator Robert Menendez," press release, August 21, 2024 (Chairman Christopher A. Coons, Vice Chairman James Lankford). https://www.ethics.senate.gov/public/_cache/files/ef493142-e561-49f2-8ac1-1630a512c7f0/select-committee-on-ethics---press-release-august-21-2024.pdf
[^74]: Biographical Directory of the United States Congress, as compiled in the unitedstates/congress-legislators project (legislators-historical.json and legislators-current.json), Senate terms of Dennis DeConcini, Hank Brown, J. Robert Kerrey, Jesse Helms, Paula Hawkins, Ben Nelson, Benjamin Sasse and James David Vance. https://unitedstates.github.io/congress-legislators/legislators-historical.json
[^75]: *Federal Government's Relationship with American Indians*, hearings before the Special Committee on Investigations of the Select Committee on Indian Affairs, United States Senate, 101st Cong., 1st Sess., February 2, 6, 7, 8, 9, 1989, S. Hrg. 101-126, Part 2: committee roster (Daniel K. Inouye, Chairman), statement of Senator DeConcini, chairman of the Special Committee on Investigations, witness list, and Robert Morehouse, "High Stakes Bingo on Indian Reservations in California," Cabazon Band section. https://archive.org/details/micro_IA41152832_0182
[^76]: U.S. Senate, Select Committee on Intelligence, *Committee Activities, Special Report, January 7, 1997 to October 21, 1998*, S. Rept. 106-3 (February 3, 1999), committee roster (Richard C. Shelby, Chairman; J. Robert Kerrey, Vice Chairman). https://www.intelligence.senate.gov/wp-content/uploads/2024/08/sites-default-filesations-crpt-106srpt3.pdf
[^77]: Jay Howell & Associates, "About Us," jayhowell.com. https://jayhowell.com/index.php/about/
[^78]: Office of Senator Ben Sasse, "DOJ Responds to Sasse, Opens Epstein Investigation," press release, February 6, 2019 ("Beginning on December 3, 2018, Sasse has repeatedly pushed the DOJ to investigate"). https://web.archive.org/web/20221110180105/https://www.sasse.senate.gov/public/index.cfm/2019/2/doj-responds-to-sasse-opens-epstein-investigation
[^79]: Henry, Ed, "Unholy Alliance?" *Roll Call*, February 12, 2003. https://rollcall.com/2003/02/12/unholy-alliance/
[^80]: U.S. Department of State, *Papers Relating to the Foreign Relations of the United States, 1917*, Supplement, File No. 711.5914/190a, the Secretary of State to the President (account of the 1867 convention, the Committee on Foreign Relations action of March 24, 1870, and the Senate Resolution of September 9, 1916 giving advice and consent to the 1916 convention; exchange of ratifications January 17, 1917). https://history.state.gov/historicaldocuments/frus1917/d880
[^81]: U.S. Department of State, Treaties and Other International Acts Series 95-725, Mutual Legal Assistance Treaty between the United States of America and Jamaica, signed at Kingston July 7, 1989, front matter (Treaty Doc. 102-16; Senate Executive Report 102-32; advice and consent July 2, 1992). https://www.govinfo.gov/content/pkg/GOVPUB-S-PURL-gpo234503/pdf/GOVPUB-S-PURL-gpo234503.pdf