FROM THE FILES OF THE FBI #155
April 29, 1965
In connection with the Senate Subcommittee on Administrative Practice and
Procedure (mail cover and wire tapping) hearings held today, the following
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
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
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
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
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