The Burglary Read online

  THIS IS A BORZOI BOOK

  PUBLISHED BY ALFRED A. KNOPF

  Copyright © 2014 by Betty Medsger

  All rights reserved. Published in the United States by Alfred A. Knopf, a division of Random House LLC, New York, and in Canada by Random House of Canada Limited, Toronto, Penguin Random House Companies.

  www.aaknopf.com

  Knopf, Borzoi Books, and the colophon are registered trademarks

  of Random House LLC.

  Library of Congress Cataloging-in-Publication Data

  Medsger, Betty.

  The burglary : the discovery of J. Edgar Hoover’s secret FBI / by Betty

  Medsger.—First edition.

  pages cm

  ISBN 978-0-307-96295-9 (hardcover) ISBN 978-0-307-96296-6 (eBook)

  1. United States. Federal Bureau of Investigation—Corrupt practices—History. 2. Hoover, J. Edgar (John Edgar), 1895–1972. 3. Intelligence service—Moral and ethical aspects—United States. 4. Leaks (Disclosure of information)—United States—Case studies. 5. Whistle blowing—United States—Case studies. 6. Burglary—United States—Case studies. I. Title.

  HV8144.F43M43 2014

  363.2509730904—dc23

  2013024540

  Jacket image: J. Edgar Hoover, February 1, 1950 (detail). Bettmann / Corbis

  Jacket design by Joan Wong

  v3.1

  For John

  With love and gratitude

  Never once did I hear anybody, including myself, raise the question: “Is this course of action which we have agreed upon lawful, is it legal, is it ethical or moral?” We never gave any thought to this line of reasoning because we were just naturally pragmatic. The one thing we were concerned about, will this course of action work, will it get us what we want, the objective we desire to reach.

  —WILLIAM SULLIVAN, head of the FBI’s Domestic Intelligence Division under FBI director J. Edgar Hoover

  It was a matter of keeping alive a sense of purpose and accomplishment when the forces seemed so overwhelming.…Sometimes we accomplished more than we had reason to expect, as in Media. It was a long shot. We didn’t know if we would find anything important. Other times, we never knew if we accomplished anything.…But it gave voice and a sense of purpose and built little pockets of life that made sense at a terrible time.

  —WILLIAM DAVIDON, leader of the Citizens’ Commission to Investigate the FBI

  During most of my tenure as director of the FBI, I have been compelled to devote much of my time attempting to reconstruct and then to explain activities that occurred years ago. Some of those activities were clearly wrong and quite indefensible. We most certainly must never allow them to be repeated.

  —CLARENCE M. KELLEY, FBI director, apologizing to the American people in 1976 for the actions of his predecessor, J. Edgar Hoover

  Never doubt that a small group of thoughtful, committed citizens can change the world.

  —MARGARET MEAD, anthropologist

  Contents

  Cover

  Title Page

  Copyright

  Dedication

  1. In the Absence of Oversight

  2. Choosing Burglary

  3. The Team Is Formed

  4. The Burglars in the Attic

  5. Time Out for White House Meeting

  6. With Thanks to Muhammad Ali and Joe Frazier

  7. Escape to the Farm

  8. J. Edgar Hoover’s Worst Nightmare

  9. FBI and Burglars in a Race

  10. To Publish or Not to Publish

  11. Appropriate for the Secret Police of the Soviet Union

  12. I’m Thinking of Turning You In

  13. Being American While Black and Other Insights from Media

  14. The Subterfuge Continues

  15. COINTELPRO Hovers

  16. Victory at Camden

  17. Defeat at Camden

  18. The Secret FBI Emerges

  19. Crude and Cruel

  20. Closing Cases

  21. Dumbstruck That It Meant Something

  22. Unconditionally Positive

  23. Very Pleased … Missing the Joy

  24. Building Little Pockets of Life

  25. You Didn’t Do That

  26. Fragile Reform

  27. The NSA Files

  28. Questions

  Acknowledgments

  Notes

  Bibiliography

  Index

  A Note About the Author

  Other Books by This Author

  1

  In the Absence of Oversight

  IN LATE 1970, William Davidon, a mild-mannered physics professor at Haverford College, privately asked a few people this question:

  “What do you think of burglarizing an FBI office?”

  Even in that time of passionate resistance against the war in Vietnam that included break-ins at draft boards, his question was startling. What, besides arrests and lengthy prison sentences, could result from breaking into an FBI office? The bureau and its legendary director, J. Edgar Hoover, had been revered by Americans and considered paragons of integrity for the nearly half century he had been director.

  Who would dare to think they could break into an FBI office? Surely the offices of the most powerful law enforcement agency in the country would be as secure as Fort Knox. Just talking about the possibility seemed dangerous.

  But Davidon, with great reluctance, had decided that burglarizing an FBI office might be the only way to confront what he considered an emergency: the likelihood that the government, through the FBI, was spying on Americans and suppressing their cherished constitutional right to dissent. If that was true, he thought, it was a crime against democracy—a crime that must be stopped.

  The odds were very low that such an act of resistance could possibly succeed against the law enforcement agency headed by this man who held so much power. Nicholas Katzenbach, who as attorney general was Hoover’s boss, had resigned in 1966 because of Hoover’s resentment over being told by Katzenbach to manage the bureau within the law. The director’s power was unique among all national officials, said Katzenbach. He “ruled the FBI with a combination of discipline and fear and was capable of acting in an excessively arbitrary way. No one dared object.…The FBI was a principality with absolutely secure borders, in Hoover’s view.” At the same time, he said, “There was no man better known or more admired by the general public than J. Edgar Hoover.”

  Such was the power and reputation of the official whose borders and files Davidon was considering invading. He knew Hoover was very powerful, but he didn’t know—nor could anyone outside the bureau have known—how harshly he ruled it and how he protected the bureau from having its illegal practices exposed. Katzenbach believed that Hoover or one of the director’s top aides had even forged Katzenbach’s signature in order to make it appear that the attorney general had given permission for the FBI to plant an electronic surveillance device, a bug, in civil rights leader Martin Luther King Jr.’s New York hotel room. Despite what appeared to be his signature on the memorandum, Katzenbach was certain he never approved such a procedure, which he considered the “worst possible invasion of privacy.”

  Hoover’s sensitivity to criticism, Katzenbach said when he testified in December 1975 before the committee then conducting the first congressional investigation of the FBI, “is almost impossible to overestimate.…It went far beyond the bounds of natural resentment.…The most casual statement, the most strained implication, was sufficient cause for Mr. Hoover to write a memorandum to the attorney general complaining about the criticism, explaining why it was unjustified, and impugning the integrity of its author.

  “In a very real sense,” Katzenbach testified, “there was no greater crime in Mr. Hoover’s eyes than public criticism of
the bureau.”

  A congressional investigation of the FBI during Mr. Hoover’s lifetime, Katzenbach said, would have been utterly impossible. “Mr. Hoover would have vigorously resisted.…He would have asserted that the investigation was unnecessary, unwise and politically motivated. At worst, he would have denounced the investigation as undermining law and order and inspired by Communist ideology. No one [in Congress] risked that confrontation during his lifetime.”

  Said Katzenbach, “Absent strong and unequivocal proof of the greatest impropriety on the part of the director, no attorney general could have conceived that he could possibly win a fight with Mr. Hoover in the eyes of the public, the Congress or the President. Moreover, to the extent proof of any such impropriety existed, it would almost by definition have been in the Bureau’s possession and control, unreachable except with Bureau cooperation.”

  Five years before Katzenbach made that public assertion, Davidon was planning to do something that had never been done—obtain official FBI information that was otherwise unreachable. Davidon had given a lot of thought to the question before he asked it—“What do you think of burglarizing an FBI office?”

  If anyone else had asked that question of the nine people he approached, probably each of them would have swiftly ended the conversation. Because it was Davidon, they took it seriously and kept listening despite being shocked. They trusted him. They knew he wasn’t reckless, and they knew he believed in protest that was effective, that could lead to results. Each of them respected him so much they thought that if they ever engaged in high-risk resistance, he was one of the few people they would want as partner and leader when the stakes were high. So they listened carefully.

  Some of them wrestled with the implications of his question for several days. Two said yes immediately. Only one of them, a philosophy professor, turned him down. Eight agreed with him that, repugnant as burglary was as a method of resistance, it might be the only way to find documentary evidence that would answer important questions about the FBI that no journalist or government official responsible for the FBI had dared to ask in the past or, they concluded, was likely to ask now or in the future. All of them were passionate opponents of the Vietnam War and passionate opponents of the suppression of dissent.

  Davidon and the eight people who said yes in response to his question met as a group for the first time shortly before Christmas 1970 and chose their name, the Citizens’ Commission to Investigate the FBI. The name summed up their goal: In the absence of official oversight of this powerful law enforcement and intelligence agency, they, acting voluntarily on behalf of American citizens, would attempt to steal and make public FBI files in an effort to determine if the FBI was destroying dissent. They thought the name sounded dignified, like that of an official commission that should have been appointed years earlier by a president, an attorney general, or Congress.

  Agreeing to break in only if it could be done without violating their deep commitment to nonviolent resistance, they concentrated on developing the skills necessary to conduct an unarmed burglary of the office. Beginning in January 1971, most weekday evenings, after they meticulously cased the area near the targeted FBI office for at least three hours, they drove to the Germantown neighborhood in northwest Philadelphia to the home of John and Bonnie Raines, a young couple who had agreed to participate. There, late at night in a room in the back of the Raines’ third-floor attic, they trained themselves as amateur burglars and planned the break-in. They discussed the discoveries they had made during casing and how to work around serious obstacles they had determined could not be eliminated, such as the fact that security guards stood twenty-four hours a day behind the glass front door of the Delaware County Courthouse constantly monitoring an area that included the nearby entrance to the building the burglars would enter, as well as the windows of the FBI office. Just a few days before the burglary, another critical problem developed over which they had no control: One of the burglars abandoned the group, with full knowledge of what they were going to do. He later threatened to turn them in.

  ON THE NIGHT of March 8, 1971, the eight burglars carried out their plan. Under the cover of darkness and the crackling sounds in nearly every home and bar of continuous news about the Muhammad Ali–Joe Frazier world heavyweight championship boxing match taking place that evening at New York’s Madison Square Garden and being watched on television throughout the world, the burglars broke into the FBI office in Media, Pennsylvania, a sleepy town southwest of Philadelphia. At first, their break-in plan failed. The locks were much more difficult to pick than expected. Frustrated, the newly minted locksmith in the group found a pay phone, called the other burglars as they waited at the nearby motel room that served as the group’s staging area, and told them the burglary might have to be called off.

  Michael German, a former FBI agent who conducted undercover FBI operations for sixteen years before joining the staff of the American Civil Liberties Union in 2006, said he has often wondered how the Media burglars knew which files to take. “How did they know,” for instance, he asked, “where the political spying files would be?” German said he has always assumed—and has talked to other agents who made the same assumption—that because it would have been impossible for an outsider to know where particular files were, the Media burglary must have been an inside job carried out by disgruntled FBI agents familiar with the files. But the burglars had found a foolproof solution to the problem of which files to take: They removed every file in the office. That’s why, as they drove away from Media in their getaway cars late that night, they had no idea what they had stolen. For all they knew, they might have just risked spending many years in prison for a trove of blank bureaucratic forms.

  Within an hour of opening the suitcases they had stuffed with FBI files, they knew their risk was not in vain. They found a document that would shock even hardened Washington observers when it became public two weeks later.

  The files stolen by the burglars that night in Media revealed the truth and destroyed the myths about Hoover and the institution he had built since he became its director in 1924. Contrary to the official propaganda that had been released continuously for decades by the FBI’s Crime Records Division—the bureau’s purposely misnamed public relations operation—Hoover had distorted the mission of one of the most powerful and most venerated institutions in the country.

  The Media files revealed that there were two FBIs—the public FBI Americans revered as their protector from crime, arbiter of values, and defender of citizens’ liberties, and the secret FBI. This FBI, known until the Media burglary only to people inside the bureau, usurped citizens’ liberties, treated black citizens as if they were a danger to society, and used deception, disinformation, and violence as tools to harass, damage, and—most important—silence people whose political opinions the director opposed.

  Instead of being a paragon of law and order and integrity, Hoover’s secret FBI was a lawless and unprincipled arm of the bureau that, as Davidon had feared, suppressed the dissent of Americans. To the embarrassment and frustration of agents who privately opposed this interpretation of the bureau’s mission, agents and informers were required to be outlaws. Blackmail and burglary were favorite tools in the secret FBI. Agents and informers were ordered to spy on—and create ongoing files on—the private lives, including the sexual activities, of the nation’s highest officials and other powerful people.

  Electoral politics were manipulated to defeat candidates the director did not like. Even mild dissent, in the eyes of the FBI, could make an American worthy of being spied on and placed in an ongoing FBI file, sometimes for decades. As the authors of The Lawless State wrote in 1976, the FBI “has operated on a theory of subversion that assumes that people cannot be trusted to choose among political ideas. The FBI has assumed the duty to protect the public by placing it under surveillance.”

  Until the Media burglary, this extraordinary situation—a secret FBI operating under principles that were the antithesis of both de
mocracy and good law enforcement—thrived near the top of the federal government for nearly half a century, affecting the lives of hundreds of thousands of Americans. The few officials who were aware of some aspects of the secret FBI silently tolerated the situation for various reasons, including fear of the director’s power to destroy the reputation of anyone who raised questions about his operations.

  When these operations became known as a result of the burglary, the foundations of the FBI were shaken. The significant impact of the burglary was both long-term and immediate. As soon as the files became public, Americans’ views of the FBI started to change. Mark Felt—the future Deep Throat of Watergate fame, who at the time of the burglary was chief of bureau inspections and very close to Hoover—wrote in 1979 that the Media burglars’ disclosures “damaged the FBI’s image, possibly forever, in the minds of many Americans.” Ironically, the burglary would not have been possible if Felt had not refused in the fall of 1970 a request to increase security at the Media office.

  This historic act of resistance—perhaps the most powerful single act of nonviolent resistance in American history—ignited the first public debate on the proper role of intelligence agencies in a democratic society. Perceptions of the bureau evolved from adulation to criticism and then to a consensus that the FBI and other intelligence agencies must never again be permitted to be lawless and unaccountable. By 1975, the revelations led to the first congressional investigations of the FBI and other intelligence agencies and then to the establishment of congressional oversight of those agencies.

  The writers of every history of Hoover or the bureau since the burglary have noted its significant impact. Sanford J. Ungar, author in 1976 of the first history of the bureau published after the burglary, FBI: An Uncensored Look Behind the Walls, wrote, “The Media documents … gave an extraordinary picture of some of the Bureau’s domestic intelligence activities.…Judged by any standard, the documents … show an almost incredible preoccupation with the activities of black organizations and leaders, both on campuses and in the cities.…The overall impact of the documents could not be denied or explained away. They seemed to show a government agency, once the object of almost universal respect and awe, reaching out with tentacles to get a grasp on, or lead into, virtually every part of American society.”