Foreign Relations of the United States, 1969–1976, Volume E–11, Part 2, Documents on South America, 1973–1976

250. Letter From Attorney General Levi to Director of Central Intelligence Bush¹

Washington, October 9, 1976.

Dear Mr. Bush:

As you are aware, the Department of Justice is conducting an investigation to determine who may have been involved in the death of Orlando Letelier, the former Chilean ambassador to the United States who was assassinated on September 21, 1976, in Washington, D.C. On the basis of information developed in that investigation, we have reason to believe that the responsible parties may be outside the United States, and that the assassination may be part of a program of violent activities directed by foreign powers, foreign organizations, or their agents at persons within the United States or elsewhere.

I have been advised that information leading to a determination of whether any foreign powers or their agents have been or may be involved in such a program of violent activities would be significant foreign intelligence and/or counterintelligence as defined by Section 2(a) of Executive Order 11905. I understand that the Central Intelligence Agency may be in a position to obtain information bearing on these violent activities. I have recommended that the National Security Council consider levying requirements upon the CIA to develop abroad such foreign intelligence or counterintelligence information. If the National Security Council endorses my recommendation, I am satisfied that such a request would be in accordance with applicable laws and regulations relating to CIA activities including Section 4(b) of Executive Order 11905.

A criminal investigation into the Letelier assassination is presently being conducted by the Department of Justice in conjunction with the Office of the United States Attorney for the District of Columbia. Since, as noted above, CIA’s compliance with a National Security Council request would be in accordance with the applicable laws and regulations, information developed as a part of the Agency’s foreign intelligence and counterintelligence activities which would be subject to dissemination pursuant to Section 5(c) of Executive Order 11905 and the applicable guidelines I have promulgated pursuant thereto may be disseminated in accordance with such procedures.

Sincerely,

Edward H. Levi Attorney General

1. Summary: Levi requested that the Central Intelligence Agency collect appropriate foreign intelligence and counterintelligence information in support of the Department of Justice’s criminal investigation of the Letelier assassination.

   Source: National Security Council, NSC Intelligence Files, INT File. No classification marking. On October 21, Scowcroft sent a memorandum to Levi indicating he endorsed his recommendation. (Ibid.)