DEPARTMENT OF JUSTICE
FEDERAL BUREAU OF INVESTIGATION
COMMUNICATION MESSAGE FORM
DATE: 12/19/78
CLASSIFICATION: UNCLAS
PRECEDENCE: IMMEDIATE
FM DIRECTOR FBI (89-4286)
TO FBI SAN FRANCISCO IMMEDIATE
FBI BROOKLYN-QUEENS MRA IMMEDIATE
BT
UNCLAS
RYMUR.
Existing order of U.S. District Judge, Northern District of California (NDC), San Francisco, California, for production of FD-302s by December 22, 1978, regarding interviews conducted by New York with persons subpoenaed to appear before the Federal Grand Jury, NDC, San Francisco, has been discussed with the Criminal Division of the Department of Justice.
It is the opinion of FBI HQ and the Criminal Division of the department that production of such documents prior to testimony before a Federal Grand Jury is not required under the provisions of 18 U.S. Code 3500. Accordingly,
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Departmental Attorney Michael Abbell will contact U.S. Attorney William Hunter, NDC, San Francisco, this date regarding appropriate contact to be made with the issuing judge to seek a withdrawal of the order to produce the FD-302s or in lieu of such an order to seek a writ of mandamus from the Ninth Circuit Court of Appeals.
BQMRA insure that above FD-302s are in the possession of the San Francisco office on December 22, 1978.
San Francisco is instructed to withhold release of above FD-302s pending further resolution of this issue by U.S. Attorney Hunter, San Francisco. San Francisco keep FBI advised of all pertinent developments in this regard.
BT
[3]
Note: On 12/8/78, 17 repatriating American survivors from the Jonestown, Guyana, massacre arrived at JFK International Airport and were interviewed by Bureau Agents. All 17 were served with a subpoena to appear before a Federal Grand Jury in San Francisco, California, beginning 12/10/78. Those persons represented by counsel before the grand jury requested a continuance date for their appearance is much as they had not had time to discuss appearance with their lawyer. In this regard, defense lawyers requested and were granted an order by the court that the FBI produce the results of all interviews conducted with individuals scheduled to appear before the Federal Grand Jury. In granting the order the court advised the government that if the results of these interviews were not produced by 12/22/78 the court would quash the subpoenas.