Operation Clambake presents:

The H-Files

FBI files on L Ron Hubbard


April 29, 1965

Mr. DeLoach:

In connection with the Senate Subcommittee on Administrative Practice and Procedure (mail cover and wire tapping) hearings held today, the following individuals testified:

Oscar H. Brinkman, Attorney for Church of Scientology, Washington, D.C. Wayne Rohrer, Minister at Church of Scientology, Washington, D.C. Irwin L. Hubbard, President, American Dietaids Co., Inc., New York City Winton B. Rankin, Assistant Commissioner, FDA, Washington, D.C. Dr. Carlton Fredericks, Nutritionist, New York City

There was no mention of the Director or the Bureau during today's testimony. The only references to the use of secret electronic recording devices were made in connection with Mr. Hubbard's testimony concerning a factory inspection of his premises in New York in 1962, and Attorney Brinkman's allegation that although he had no proof, he was sure that Agents of the FDA used such devices in connection with the raid on the Church of Scientology in Washington, D.C., in January of this year.

Mr. Brinkman's testimony for the most part pertained to allegations of "Un-American and Gestapo" like investigations conducted by the FDA in connection with a raid on his client's property, Church of Scientology. Mr. Rohrer's testimony was restricted to an explanation of an electronic device used by the church in its services to register emotional responses of members of the church who are being interviewed by its ministers.

Mr. Brinkman advised that the FDA went so far as to have one of their inspectors pose as a student, and attended their Academy of Scientology for a number of weeks. Brinkman noted that they have grounds to believe that electronic equipment was used and that there was a possibility of a mail cover being placed on their correspondence since their mail was delayed. He noted that in his 45 years of legal practice he could not recall when the Federal Constitution was so flagrantly violated by a Federal agency.

Mr. Hubbard related his experience with FDA by telling about a case involving his company, American Dietaids Co., Inc., of New York City, in which an inspector, during the course of a "factory inspection" of Dietaids premises, carried

1 - Mr. DeLoach
1 - Mr. Conrad
1 - Mr. Matter


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Informal memo to Mr. DeLoach

a recording device in his briefcase. He testified that upon learning that this Agent had a recording device, he confronted the Agent with this information and was advised by him that it was standard operating procedure for FDA Agents to use such a recording device in connection with factory inspections. Hubbard stated that as a result of his subsequent suit against FDA, instructions have been issued by that agency to its inspectors that they are no longer permitted to carry such recording devices in connection with making a factory inspection.

At this point in the hearing, Chairman Long raised the following question: Have you noticed that any small investigative agency who has been given any power at all, tends to allow such power to go to its head and has little concern for the rights of the citizen? Mr. Hubbard answered in the affirmative.

Mr. Rankin's testimony at this point was merely to refute statements made yesterday by Mr. Kirkpatrick W. Dilling, attorney, for the manufacturer and distributor of vitamin supplements in Chicago, Illinois.

The next witness was Dr. Fredericks (Ph.D. from New York University) who related how he has been "hounded and persecuted" by officials of the FDA since 1949, when he had the audacity to disagree with them in his radio program concerning nutritional foods. He alleged that, from that time on, through FDA's influence with the Federal Communications Commission and the press, his radio programs, that were once carried over some 72 stations, have been cut back to some 20 stations. Dr. Frederick's comments made no mention of any secret recording devices.

This series of hearings on the FDA were recessed with a brief statement from Chairman Long in which he severely criticized some of the Gestapo investigative techniques used by FDA. He noted that it appears that FDA inspectors attempt to prosecute individuals at any cost, being completely indifferent to the individual's rights in using "snooping devices." He expressed the opinion that the American public, as a whole, would greatly benefit if FDA investigators would refrain from such actions as bugging schoolteachers, raiding churches and harassing small business firms, and direct their attention to the larger firms who have, in the past, produced and sold harmful drugs. These hearings have been recessed until May 5, 1965, at which time hearings on the Federal Communications Commission (FCC) will begin.

You might be interested in knowing that Senator Javits of New York, a member of this committee, made his first appearance of the week for approximately 15 minutes, and then excused himself due to another commitment.

M.A. Jones

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