FBIâs decision to withhold the wiretap tapes on Blanton and Cherry until 2001. What is surprising is that the complete files contain evidence that the FBI never revealed to Alabama prosecutors and investigators: That it also had wiretaps planted in Stonerâs Atlanta law office.
The records are very clear on this. An October 9, 1963, document shows J. Edgar Hoover asking U.S. attorney general Robert Kennedy for wiretaps on Stoner. The document reads:
M EMORANDUM FOR THE A TTORNEY G ENERAL
In view of the tense racial situation in Birmingham, further inflamed by the bombings, it is believed that additional activity on the part of those who are responsible for the bombings could easily lead to more rioting, bloodshed and loss of life, materially affecting the security of the United States.
It is requested that you authorize the installation of a technical surveillance at the office of Jesse Benjamin Stoner in Atlanta, or at any address to which he may move.
Respectfully,
J OHN E DGAR H OOVER
Director 20
Former FBI agent Wesley Swearingen says that when Hoover wanted a wiretap, even if an attorney general turned down his request, Hoover would plant the bug anyway. But Bobby Kennedy even approved Hooverâs requests for bugs on Martin Luther King Jr., so it is unlikely that he refused a request on a noted white supremacist like Stoner, especially at a time when his brother, the president, was stationing federal troops outside Birmingham to prevent the kind of ârioting, bloodshed and loss of lifeâ Hoover was describing in his request. Any doubt that RFK approved the Stoner wiretap was resolved two pages later in the same file. Following the aforementioned request by Hoover is a page referencing the samedate, October 9, but which has been deleted. Anyone familiar with FBI records would recognize this kind of form, which indicates that a record has been removed for classification purposes âand placed in the Special File Room of Records Branch.â Just two pages later, we find the following:
Subject UNKNOWN SUBJECTS; BOMBING OF SIXTEENTH STREET BAPTIST CHURCH, BIRMINGHAM, ALABAMA, 9/15/63
BOMBING MATTERS
This serial, the original memorandum from the FBI to the Attorney General dated 10/9/1963, which was returned to the Bureau signed by the Attorney General authorizing FBI to conduct electronic surveillance, has been permanently removed for retention in the National Security Electronic Surveillance File, per memorandum XXXXXXXX to Mr. XXXXXXXXX dated 7-13-73. See 62-115687-1 for details and where maintained. 21
Stoner is not referenced by name (nor is anyone else), but the date of the relevant Stoner technical surveillance (TESUR) request is referenced, and the account appears two pages later in the overall file section. The FBI consistently keeps records in a logical order by subject matter. But if there is any further doubt that such surveillance was not only approved but took place, further records make it obvious. Additional files show the FBI doing a âsurveyâ of an office in Atlanta, albeit for someone with a redacted name. Such surveys were simply surreptitious visits (possibly even break-ins) to a designated area for technical surveillance, to see if planting a bug was feasible and, if so, how exactly to accomplish that. The record makes it clear that the FBI determined that the surveillance of the Atlanta office was viable, and for an indefinite period of time rather than a fixed length of days. Furthermore, additional documents, from weeks later, show the FBI asking for more recording devices to continue the technical surveillance of the Atlanta office. In other words, the surveillance, as one would expect, succeeded, and routine adjustments needed to be made to continue it.
Because the names on the other documents are redacted, one could conceivably argue that they refer to another person, not Stoner. A recent Freedom of Information Act (FOIA) request, however, puts that