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11r. X tchell

ialat that letter a tually said is that erlier supplied your department with a list of the papers from tha t rile I had roquested end paid for sad bad not been given. The unn r444 offloisl is tha assistant to th;) Deputy Attorney' General* who it the official who bad deliverod the copies to me and to whom I had given paymsnt. That paragraph, actually roads* On checking theAe papers og last tau list, I fine tb,B first and last items missing. Tha first is tho fil, cover* the loot a simple latter informing me tbat, in fact* / have bean given access to the canto file that is the subject or this action.

This deliberate misrepresentation w e1zo made by Mr. _ndersen„ to Judge urron0 on Ausust 2, when Mr* darson repretented these es new end additionsl requests,mado by me, whores* thsy aro the Initial requests* delivered in writing whan 1 ezaminad the rile * t My* to Deputy Assistant Attorney Oeneral Carl Bartley. Despite his and othar subsequent folec representations* Mr. 4ardley, then and is in the presence of my attorney* told ha would deny me these two it whick is quite contrary to the Wierepresentation in this af- fidevit* the motion of w Loh it is pert* and to his own lotters„ which* to his knowledge, coats:inlet:Iola gross falsehoods they cannot be accidental and* in fact* are indepon4ently established as false-hoods by other or his.lotters alone.

term grape; 7 begins, 'On August 1 1970p advised pIaintUffs attorney that a copy et ssid filehoover had been located and would be supplied to plaintiff." It is a nisreprosentetion sad e deception to allege that no such tile cover 0 copy or rush .file cover had been "located" esrliord, Plaintiff Placed' tba file cover Itself in the hands or Carl Fardley When returaing . ths file to bim. Prior 4o Aug-USt 11, 1970, the department had Out oft mat or a Xerox of this identical filo cover, 'moped the. rsmaLas together with Scotch tope,* end sent it to me, misrepresented a the entire thing. Repeatedly,. the doportmont made other attempt* to deceive the Court end me about this file cover* Including representation that it does not exist. The remainder of paragraph 7 is, in my opinion, openly perjurious and intended to deceive the .;.ourt0. which had just ordered that what it falsely allezes was done be done. Had it been done* it Le obvi-ous Er. Anderson would have inforMsd Judgo Curran that it bad been done. This ontenee roods, "A copy of *aid fit cover was delivered to plaintiff on August 12, 1970."1

I note the one truthful thing In this son nos* Its failure to scribe that copy as a. "true" copy* .fOr it was nat. It was not delivered to me. It was ahoy to ne and was taken with him by 177Anderson. he did not dere "deliver it* nor did be dere a it to the judge to to ma* for ba know it was on unfaithful copy, the unfaithfulness being of's non-accidental character* given thP character of the Xeraminz process, resulting in one of the en-tries being rendered entirely ille ible.

Zr. Mitaball

Tna perjurious nature of this affidavit is further disclosed by Carl Lardloy's latter of AuGust 17, 1970, which is subsequont to - tho data or the all x; August 11Yadsiiveryl and to that of tho Auf.:ust 14 affidavit. This lottor, which is otherwise false in its owa rizht, In an effort to disguise this perjury, begins, "Pursuant to your discussion with David 3•Anderson of this office, we nr49 foT:nrdinq coptes of tha the oover which you requested," Sod etas Jotter boon written under oath, it also would have been porjuriouo, for oa it is directly involved and is moot notarial it in false. It states, "You will reoall that the 'blurred portion weirelso blurred on the original." The blurred portion, as the most casual ox&rainstion will disclose, is not blurrod onotho on

if not perjurious, Fera&raph 8 Is tloarly designed to misrepresent *ILI to door/Ivo the Court. It begins, "In tbo Auzust 11 conversation be off ient and plaintiff's attorney, the latter indicated that plaintiff desired a copy of one of the photographs Which wore among the dooumats referred to In paragraphs 2-and 3. above." It was not In this alleged conversation of August 11 but in the written request I mde in may that this photographwas requested. At that time I reqwsted other photographs also, l ighsa I was, two weeks later, in-formod that .tha supplying of those photographs would roquiro an addl.- tion*1 three weeks, I redusod this requost for photographs to tha slar;lo one. This is amply reoorded in correspondence not supplied to the court by you and is reflected in the list of those things of which I request= d copies.

.re sgzlia the misrei;vresentatioa W44 also perpetrated in court, to jud,-;s's roue, whoa Mr. Anderson told him that this request end that for the, covor of the filo were ids later by me. Tie latent to deceive never ended. Bare arc more ezenpIess In Mr. Eardley's June 26 letter, ho says or this file oover, the vary pal I personally showod him in his secretary's °Moe, tea very one h thon said ho would not copy end provide, "... the papin..s saamlatld by Hr. Weisberg worn oontainod in a plain unmarked filo folder. Wo ars therefore Unaware, f what filo folder Mr. Yeisborg hns in mind."

5ut under date of July 30, Mr. :Fardloy wrote, I ism onclosin s copy of tilt., only accordion fill cover which we have bowl able to 1030t,) ...", the one ho held La his hAnd in May. 15 or,:roph 5 dcoa not accurately reflect Mr. Eardloy's letter or June 2&, 197O, to which it refers as "advising hi (moaning ny attorney) thvt plaint= bad been given acooss to all documents which were the subjeot of this action% Whst that letter eatually soys is lose, only what, with this history of deOeptioa, deliberate falsehood and tolaropresentatica, is unacoeptsble. Er. Eerdley wrote, "I have been tesured by individuals in this dcp:mtmant who have examined our file on Janes rarl Ray that lir. Weltelberg •has boon given aeoess to all the papors whioh he requested in his complaint,"

r. Mitshell - 4

ydlst Irequested is preolsoly what M. Scrdley had tad no would not bo providod end was not provided, In rosponse to my written Mtiy re-quest pr Judge Curron's Auzpst 12 order. In Hay, I also asked Mr. Lardley that, since ha ad no porsoaal :no: lodgc4 thie letter be . written by whichever person has custoir of the file in question. - Reference by Er. tardley to "rile" in th sinzulor when th4 depart-. ment has more than a sink filo. Asithough it began by denying it had a.nm), especialy with the Istory of inaccuracy that taints every communication, particularly those of F!r. Esrd16y himself, tho "asnur-enpo" of his June 26 letter to, at best, nocnIn3loss. Hy dianatis- , faCtion is not dimlniehod by. its Oaalveness nor by his earlier statement that this proper request would be refused.

Iles -aver, I believe your deportment Is In contempt of court. On u:Luat 12, Judie GUrran ordered that what had boon withhold from me be delivered within one week.' With respect to thy, photo:3raph, the copying of wliga the judge said would toke but minutes, Er. Anddrson told the judge it bad ljust been givon Mr. Anderson the prevloua af-ternoon by the Deputy Attorney Genoral. Not only was it end the true and lezible copy of the file cover not delivered to me•within this. time0 .but the intent to be in coatmpt is amply and openly. re-corded in the conclusion of Mr. terdicy's letter of :August 1(:

We have delivered the photograph which !Ir. Vol burg Cale) rot; Uestod to tha Doptty Attorney General's Office to have it reproduced. It will be forwarded to you obortly. • '

Thus, it is clear-that the doPartment iv unconcerned by the order of Judge Curran, which-tp,s that this be accomplished promptly, in ;lay event, within one woo. ' Tha shuffling of the photosraph is but an-otlwr davide to stall. The letter vas not delivered until after ono week had passed.' .

in addition, if this languaso islotbrwtoo apOW0t6 it repro,zonts loos than I waked for tnd am - entitled try.. If the Departnant is going to make a copy of-wt2tover version of thip. photor3reph it (*loots, ond there are several different copies in tba3 oho file alone, it will be mkInz a copy that, whethg=r or not by Intent, sill be cL3or thnn. posible. Zhe department has the novItivo from which thin photo;7,roph printe,d. The-needless makic3 of a wzative from the print will reduce clarity. I would prafer and I expeeted that the print I paid for b€ mode directly from the orisical negative, which tho'departm4nt baz end which Is normal,

1Tow„ wereI in contempt, your department would take agtion vilvinst r1:: and I would ba punished. Bew ons punishes a gover=ont dopertmint 1—do - not know. I 4o know that pUniehment con be administersd to in-dividuals, for contf4mpt as for perjury. I believe it is no le ea thsa proper to aslt end expect that the Doportm;nat of Juntlse seo to it thnt justice is done, that those zuilty of porlury and contempt, oven if Its evloyaosi„ be treated like all othhr citizens and also be pun-inhed. If tILU 15 not dons, to thore "equal justice unc.;er it-to'? Is there to be Impunity for cries by th4) departmont cad ite officials?

"Law and order", like charity, eh uld begin at home.

11 *5

Your department has violated 1s for a l a 1141f, by ;* over expedient appealed to it,, beginning with snoring of MY proper requests* followed by themo,4 blatan now oulminati a in op In contempt or a judge and his order. .0ne of tho consequoncss: h7.5 blen to but ma to considerable cost* in. fistula out.of.poskilt ex. p,anzeb, in wasted tit s* and lathe delsying, of my writing. Acids from frustrating tho law* which I beltivo cannot be other than pur.i, poseful* these things are and:wore.intanded. They ore improper eat urons. t believe the government should hold itself to account for these measurable damages.

This atilt was caused by t s wrongful things by your department. So you can better. understand* Vir. Richard Zleindionst caused it by faits statements and misrepresentations* first. that you had no such, papers Whtul you, in fact, hnd dUplictite sets: then by- • innisting thane were required to to withhold* under the mioqueti:d low. : gazt, you, porsonaily, failed to reapond to tha prescribed mpii. pqa, wIrdc-11 I ad already-delayed. ia order to give Hr. Eleindionzt a chAnco to reconsider the inconceivable thinss he hod cemittod to p4por. Long after this appeal wan moot* you ruled that I would be given access to what the law requires be made available to' rte. After you so ruled& your department stalled by one self-demosning dovico after another* and ultimately 4t111 denied =three parts of my. request.

y unneessory trevols-t Mton required by the e.acts total not lens dim about 1800 tra .l a al driving and about 55.00 in pArk-inG chnrges. Aside from the 'Imatrequirad by so mush unnecessary ltItter writing, I estimate that net fewer than 18 days were's() wasted for mm.- I think it .only fair that you rtturn these costs to me* mileage at the going dapartmontallrate and tho days at the rates prevailins on the Washington Postfor one of mtezperience. Doter-ninatiou or too domage by dole yinS my book is of a More subjective r6turc. To this bailey it is only fair that reasonable counaol fees bo,added.,•

ho law under wateh this action i brousht has Provision for thf., ropnymtat or damaset. Otiwrs* 4sve 'no doubt, do. Rather thAn con-. older invoking thla at this point* 'eungest to you that a proper gestura and a me ns or beginning te restore integrity to your depsrt !:,71.nt is this matter- would be seeing to it that tiowse.dammges ere ellevinted.