[Editor’s note: The FBI withheld the names of several agents from this cable under the B6 Exemption to the Freedom of Information Act. The deleted information is indicated below in green type.]
[DEPARTMENT OF JUSTICE
[FEDERAL BUREAU OF INVESTIGATION
[COMMUNICATION MESSAGE FORM
[DATE:] 10/8/80
[CLASSIFICATION:] UNCLAS EFTO
[PRECEDENCE:] IMMEDIATE
FM DIRECTOR FBI (89-4286)
TO FBI BROOKLYN-QUEENS MRA IMMEDIATE
FBI SAN FRANCISCO (89-250) IMMEDIATE
FBI SAN JUAN IMMEDIATE
BT
UNCLAS E F T O
RYMUR; AFO-B, 00: SAN FRANCISCO.
Re telephone calls of Bureau superior [name deleted], October 7, 1980, with supervisor [name deleted], San Francisco Division, and SA [name deleted], BQMRA.
For the information of receiving offices, notification was received from the US Embassy, Georgetown, Guyana, that San Francisco SAs Don R. Hale and [name deleted], were currently in Georgetown, Guyana, for the purpose of securing Bureau interests regarding Lawrence [Laurence] Layton, have determined that the Guyana Director of Public Prosecution (DPP) will submit a “nole prosequi” notice regarding Layton to the
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court on the morning of Friday, October 10, 1980, rather than October 9, 1980, as originally planned. The DPP stated that this would be done with the understanding by Layton and his attorneys that Layton would agree to voluntarily depart Guyana for New York on the October 10, 1980, afternoon Pan Am flight or be immediately rearrested and confined for purpose of legal deportation proceedings to the US, which may require several months. The Chief Immigration Officer of Guyana has advised that his office will escort Layton from court to the airport in a Guyanese police vehicle and insure that Layton voluntarily boards the aircraft as agreed upon or he will rearrest him for the above deportation proceedings.
The DPP has emphasized its concern that it not appear that the FBI was arresting Layton in Guyana and that Layton’s American attorney, who is currently in Guyana, be fully aware of the plan to expel Layton. The DPP will request that the American attorney accompany Layton to the airport.
On October 7, 1980, Murray Stein, Office of International Affairs, US Department of Justice, Washington, DC, advised Bureau supervisor [name deleted] that the Department of Justice and
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the US Marshals Service have concurred that the FBI is to handle the arrangements for Layton’s return to the US.
SAs Hale and [name deleted] and Layton have reservations on Pan Am flight 288 leaving Guyana on October 10, 1980, at approximately 1:00 PM and arriving at JFK International Airport, New York, at 7:30 PM on October 10, 1980. It is noted that SAs Hale and [name deleted] will not place Layton under arrest once he boards the plane. They will merely accompany him as observers to insure that he does not attempt any criminal acts aboard the plane while in flight or attempt to leave the plane when it makes its only scheduled stop in Trinidad while en route to New York. The Department of Justice and the Department of State, Washington, DC, have made prior arrangements with authorities in Trinidad to insure that Layton will not be permitted to exit the plane. Upon the subject’s arrival in New York, SAs Hale and [name deleted] will coordinate his arrest by Special Agents of the Brooklyn-Queens MRA.
On October 7, 1980, Supervisor [name deleted], San Francisco Division, advised that he was in contact with the office of the US Attorney, San Francisco, California, on October 7, 1980,
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and was advised that indictment of Layton was forthcoming on the evening of October 9, 1980, or the morning of October 10, 1980, at the very latest.
Receiving offices be advised that on October 3, 1980, an authorized complaint sealed by court order was filed before US Magistrate F. Steele Langford by SA Hale. The complaint charges Layton with violation of Title 18, US Code, section 351 (A), Assassination of a Congressman; Section 351 (D), Conspiracy to Murder a Congressman; Section 1117, Conspiracy to Murder an Internationally Protected Person; and Section 1116 (A), Attempted Murder of an Internationally Protected Person. A no bail warrant was issued same date. Complaint, supporting affidavit, and warrant are sealed under court order. SA Hale is currently in possession of a certified original copy of the above complaint and warrant.
On October 8, 1980, Roger Cubbage, Senior Legal Advisor, Criminal Division, US Department of Justice, Washington, DC, advised Bureau supervisor [name deleted] that if the above indictment is returned at San Francisco prior to the subject’s arrival and apprehension at New York, the subject must appear
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before the US Magistrate at New York for purposes of arraignment and a removal hearing to San Francisco. The subject’s removal from New York to San Francisco to face the above charges must be carried out by the US Marshals Service and not the FBI. If the above indictment is not returned at San Francisco prior to the subject’s arrival in New York, legal venue for instant charges will be in New York rather than San Francisco and the subject was therefore stand trial in New York.
BQMRA SA [name deleted], who is most familiar with the RYMUR investigation, with the JFK airport, and with Pan American Airlines, has been advised of these developments and will coordinate the subject’s apprehension upon his arrival in New York. BQMRA immediately insure that Pan Am is appropriately advised. Insure that sufficient FBI security is provided SAs Hale and [name deleted] and Layton at JFK airport on October 10, 1980, upon their arrival, noting that the distinct possibility exists that there are those who, should they learn of Layton’s return to the US, would not hesitate to take his life.
San Francisco insure that your office, by immediate
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teletype, advises BQMRA of the full details of the forthcoming indictment and facsimile a copy of same to BQMRA upon receipt. San Francisco Division immediately forward, by way of direct mail to BQMRA, a certified, exemplified copy of any forthcoming indictment.
FBIHQ is handling the advisement of the Department of Justice, Department of State, and US Secret Service.
Armed and dangerous.
BT