</s>APPROVED FOR RELEASE 2025 UNDER EXECUTIVE ORDER 14176 ADMINISTRATIVE-INTERNAL USE ONLY- From the Desk of Robert D. Caudle C/Litigation Division NOTE FOR: Robert M. McNamara@DCI FROM: OFFICE: Robert D. Caude DC/OC/DC DATE: 02/29/19 10:45:30 AM SUBJECT: Telon on DOJ/Civil Rights Division attorney Barry Kowalski re MLK investigation Law Enforcement Sensitive. Administrative Immunity: After our meeting with the D/EXDIR yesterday evening, I called Barry Kowalsky and informed that CIA could not call 'sight unseen' include administrative immunity as part of an immunity package to DOJ to offer the employee. I explained that although CIA has no expectation that any additional information that will arise from another officer that the employee do not have to preserve the office's name, the employee's name and address, and the fact that they are aware. Barry accepted this rationale and advised that they had not take our decision on the facts as they arise. He said that he hoped to meet with the employee again soon, and asked for our concurrence in two areas: a. It would be up to the employee whether CIA/OG/OC would participate in the interview. I concerned to the position, as it has always been the employer's choice whether to include OGC in such matters. b. Barry's approach to the employer will be that it is DOJ's goal to remove whatever impediment there may be to the employees being completely truthful andforthcoming to DOJ. I achieve that goal, if the employee has been able to dojo. Dojo is prepared to work with him to achieve this goal, resolve those concerns about criminal liability, or his job, and his preparation to bring to bring CIA employment, Barry could develop that concern the employees to the extent possible and bring any new facts back to CIA for reconsideration. After talking to Dawn, I agreed to this approach so long as Barry could clear that he had no authority would like CIA to commit CIA to any particular position. I also also clear that CIA would have to have a factual to offer before it could reconsider its position. Not to offer administrative immunity that that is we would have to offer to offer information before before its release. New information about employment offer: Barry provided additional information about the immunty DOJ would offer immediately. DoJ will also provide transactional immunity for any 18 USC 1001 violation for false statements in connection with any state court investigation of the MLK matter. With regard to the underlying 1968 events, DoJ does not feel any court of limitations that long may run on any federal criminal offense, but would be used for immunity for state prosecution that may theoretically survive any offense. But would use any immunity for a state court of investigation that may not only be the (authorized by Scalia when he was at DOJ) the AG's authority to investigate under an old DOJ opinion prosecution of crimes but the detection of crimes. The investigation being conducted is to "detector" criminal <loc_503><loc_792><loc_111><loc_792>activity - the end game is a report, not a prosecution.

Summary:  
The document details a discussion between Robert D. Caudle (Litigation Division) and Barry Kowalski (DOJ/Civil Rights Division) regarding administrative immunity for an employee involved in the Martin Luther King Jr. assassination investigation. Caudle informed Kowalski that CIA could not offer administrative immunity to DOJ without factual basis, as CIA would not commit to a position without new information. Kowalski sought DOJ's concurrence on two points: whether CIA/OGC participation in an interview with the employee was optional (employer’s choice) and DOJ’s goal to remove impediments for the employee’s cooperation. DOJ agreed to provide transactional immunity for 18 USC 1031 violations related to state court investigations of MLK matters but noted federal criminal offenses would not be subject to statute of limitations. The investigation aimed to detect criminal activity, with a focus on producing a report rather than prosecution.  

Key People:  
- Robert D. Caudle (Litigation Division)  
- Barry Kowalski (DOJ/Civil Rights Division)  
- CIA/OGC employee (name unspecified)  

Key Locations:  
- Washington DC (implied via DCI references)  

Key Events:  
- Discussion on administrative immunity for DOJ’s MLK investigation  
- DOJ’s offer of transactional immunity for state court-related false statements  
- Clarification that federal criminal offenses would not be subject to statute of limitations  
- Investigation described as a "detector" of criminal activity, with the goal of producing a report  

Key Organizations:  
- Department of Justice (DOJ)  
- Central Intelligence Agency (CIA)  
- Office of General Counsel (OGC)

MLK Declassified Files

07167579_telcon_with_dojcivil_righ.pdf

Document Summary

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