Letter to Molly Flynn, FBI
LAW OFFICES
Bisceglie & Walsh
1130 Seventeenth Street, N.W.
Washington, D.C., 20036
February 12, 1996
Molly Flynn
Special Agent
Federal Bureau of Investigation (Bureau)
1Oth and Constitution Ave., N.W.
Washington, D.C. 2O535
Dear Ms. Flynn:
As you know, this firm has been retained by a person in connection with this person's furnishing information on a confidential and anonymous basis to the Bureau which may be pertinent to its pending "Unabomber" investigation. In response to the information provided thus far, the Bureau has requested an opportnnity to interview our client, to obtain the identity of an individual who might become a subject or target (hereinafter the Subject) of the investigation~ and to obtain additional information related thereto. Our client is fully prepared to cooperate with the Bureau and to comply with its above-described requests conditioned upon receipt of certain written assurances by the Bureau as set forth below.
First, the Bureau agrees that our client's identity, his cooperation and his role as a source of information shall remain confidential and shall not be revealed to persons other than the authorized Department of Justice employees with a need to know. Our client will be given the status and entitled to Bureau procedures applicable to confidential informants. This confidential treatment by the Bureau shall continue indefinitely, unless and until our client indicates otherwise in writing.
Second, the Bureaus agrees that its investigation of the Subject will be conducted in accord with all applicable laws, regulations and guidelines.
Third, the Bureau agrees that its investigation of the Subject, if any, will be conducted in phases beginning with the most discrete and least intrusive measures to minimalize any publication of the fact that the Burea is investigating the Subject. The first phase could include inquiries with people from the Subject's past, but only if a pretext is used. The investigation in this phase should exhaust all investigative steps that do not require authorities to inform anyone that the Subject is a Unabomber suspect.
Once the quiet-phase steps have been exhausted, we would be informed of whether the Subject has been excluded as. a suspect. If he is not included at that point, we would be notified before the next investigative phase begins.
If the investigation progresses to the point where the Bureau desires to speak with the Subject's mother or the people living in the town where the Subject now resides, we would be notified prior to the start of that phase. Prior to that point, such contacts would be considered "off limits".
The Bureau agrees that during the investigation, they would not contact or confront the Subject, due to his fragile psychological state. Our client has reason to believe that the Subject has a heart condition, suffers from stress, is paranoid, and his reaction to any contact from a stranger could endanger his life. It could also endanger our client's life.
Fourth, at every step of the investigatlon, and during each phase, all efforts to exclude the subject as the Unabomber would be made. The Bureau will keep us informed about the progress and results of its investigation of the Subject on an ongoing basis.
Fifth, in the event that the Subject would have to be arrested, the Bureau agrees that the arrest would be carried out properly in a humane way which minimizes any risk to the safety of the Subject.
These are our client's concerns. Please review them with the appropriate personnel and get back to me at your earliest convenience.
Sincerely,
Tony Bisceglje
(signature)
/bt