FBI Wins Suit

By Jerald and Sandra Tanner

Photograph of an FBI document, which indicates that Mormon leaders tried to pressure the New York Times so that it would not print articles critical of the LDS Church

In the Salt Lake City Messenger for November 1980 we told how we had learned that the FBI had material on us which dated back to at least April 30, 1970. Someone had reported that we were “allegedly communists” and had “been circulating petitions against the Church of Jesus Christ of Latter-day Saints and that they have been ‘troublemakers’ in that respect.”

Under the Freedom of Information Act we sought access to the file or files which the FBI had concerning us. When we received the material, we found that portions were blacked out (see photograph on page 5 of the Nov. 1980 Messenger) and that eighteen full pages were “withheld entirely.” We felt that we should have access to the material that had been suppressed and filed a suit in Federal Court. (This was not a suit for damages, only a request for copies of the material.)

On June 16, 1982, Judge Bruce S. Jenkins ruled in favor of the FBI. Although we lost the case with the FBI, we were able to force the CIA to come into compliance with the Freedom of Information Act. The CIA finally submitted an affidavit which said they had no records on Modern Microfilm Company. We had originally requested this information on Oct. 15, 1980, but the CIA delayed responding until Nov. 22, 1981, when they were forced to do so because of our suit. In any event, we will have to accept the decision of the court concerning the FBI documents. We could appeal, but we do not believe it would be worth the time and expense involved. We will probably never know what was contained in the eighteen missing pages or on the portions which were blacked out.



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