SAC Seattle to Director (Legal Counsel Division) re NORJAK fingerprint agreement

FD-36 (Rev. 5-22-78)

FBI

TRANSMIT VIA: PRECEDENCE: CLASSIFICATION: ☐ Teletype ☐ Immediate ☐ TOP SECRET ☐ Facsimile ☐ Priority ☐ SECRET XX AIRTEL ☐ Routine ☐ CONFIDENTIAL ☐ UNCLAS E F T O ☐ UNCLAS Date 5/19/80

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TO : DIRECTOR, FBI (164-2111)(ATTN: LEGAL COUNSEL DIVISION)

FROM : SAC, SEATTLE (164A-81)

SUBJECT: NORJAK OO: SEATTLE

[Handwritten annotation: SUB C,J]

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Enclosed for the Bureau are two copies of an agreement prepared by [REDACTED]

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For the information of the Bureau, [REDACTED] who has a business address in Mountain View, California and telephone numbers of [REDACTED] and [REDACTED] has been in contact with the Seattle and other Divisions of the FBI, concerning captioned matter. He states he has done considerable research in connection with an individual whom he feels is a suspect in captioned hijacking and has a book which he has pre- pared concerning this. He has obtained fingerprints of this individual and desires to furnish them to the FBI for comparison with latent fingerprints which were located in the aircraft following captioned hijacking. It should be noted that there were some latent fingerprints as well as palm prints located in the aircraft.

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It has been explained to [REDACTED] that he can make available to the FBI, the fingerprints which he has and that a comparison will be made and he will be advised of the results. He states, however, that on advice of his attorney, he does not desire to make these fingerprints available until the FBI has signed an agreement with him that they will not prevent him from publishing his book. It has been explained that the FBI will in no way inter- fer with the publication of his book and that obviously an identification of the subject would be a great benefit for him in marketing his book. He has stated, however, that because of his attorney's advice, he desires to have an agreement signed prior to making the fingerprints available.

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2 - Bureau (Encl. 2) 2 - Seattle JSD:kln (4) [Stamps: Searched, Serialized, Indexed, Filed]

Approved: ________ Transmitted ________ (Number) (Time) ☆ U.S. GOVERNMENT PRINTING OFFICE: 1980-305-750/5402

DB Cooper-18042 |64-81-8394

SE 164-81

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[REDACTED] prepared the enclosed agreement and forwarded it to the Seattle Office. A review of the agreement reveals the following items which raise questions:

The first paragraph states that this agreement is for a term of two years. It does not appear that the time is important inasmuch as it relates to a specific item of evidence and case.

In the second paragraph, it is stated that, "Within two weeks the Bureau will send a letter to [REDACTED] indicating the results of the comparison." This two week period could possibly create difficulty in getting the fingerprints to the Identification Division and compared within this time. [REDACTED] indicated that he based this time period on information which had previously been furnished to him by persons he had contacted in connection with the investigation and his purpose for including this time period is that he desires the results as quickly as possible.

Paragraph three states in part, "...the Bureau agrees to place no restrictions legal or other upon [REDACTED] relative to the publication of D. B. Cooper material." This statement does not specifically identify the material referred to; however, the material is the information which [REDACTED] has developed through his independent investigation and this should be more clearly spelled out in any agreement that is signed.

Paragraph four of the agreement provides that the Bureau will give [REDACTED] the opportunity to interview the subject prior to granting interviews to other media representatives. It has been explained to [REDACTED] that the FBI has no authority to grant or deny interviews of suspects to any news media representatives. He was advised that when a subject is arrested, he is turned over to the custody of the U. S. Marshal and any interviews of the subject will then depend on the local ground rules set forth by the U.S. Marshal as well as by the desires of the subject. He was advised that the FBI's obligation is to insure that a person, upon arrest, appears before the U. S. Magistrate and that following this the subject will be in the custody of the U. S. Marshal, if in custody.

[REDACTED] advised that he did not anticipate that the interview with the subject would be a problem inasmuch as he and his company would retain a lawyer for the subject if he is arrested and therefore arrangements would be made for interview through that attorney.

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2 DB Cooper-18043

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b6 b7C

SE 164-81

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REQUEST OF THE BUREAU

The Bureau is requested to review the enclosed agreement for necessary changes and communicate these to the Seattle Division. It should be noted that [REDACTED] who has an address of [REDACTED] [REDACTED] Mountain View, California, [REDACTED] is anxious to resolve this matter and therefore it is requested that this matter be handled as expeditiously as possible.

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b6 b7C

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3

DB Cooper-18044