Monday, January 19, 2009

Memorandum for Hugh B. Cox, Assistant Attorney General and J. Edgar Hoover, Director, Federal Bureau of Investigation; July 16, 1943.

Office of the Attorney General

After full re-consideration of these individual danger classifications, I am satisfied that they serve no useful purpose.... There is no statutory authorization or other present justification for keeping a "custodial detention" list of citizens. The Department fulfills its proper functions by investigating the activities of persons who may have violated the law. It is not aided in this work by classifying persons as to dangerousness.

Apart from these general considerations, it is now clear to me that this classification system is inherently unreliable. The evidence used for the purpose of making the classification was inadequate; the standards applied to the evidence for the purpose of making the classifications were defective; and finally, the notion that it is possible to make a valid determination as to how dangerous a person is in the abstract and without reference to time, environment, and other relevant circumstances, is impractical, unwise and dangerous.

....Accordingly, I direct that the classifications heretofore made should not be regarded as classifications of dangerousness or as a determination of fact in any sense.... A copy of this memorandum should be placed in the file of each person who has heretofore been given a classification. In addition, each card upon which a classification appears should be stamped with the following language:

"THIS CLASSIFICATION IS UNRELIABLE. IT IS HEREBY CANCELLED, AND SHOULD NOT BE USED AS A DETERMINATION OF DANGEROUSNESS OR OF ANY OTHER FACT. (SEE MEMORANDUM OF JULY 16, 1943 FROM THE ATTORNEY GENERAL TO HUGH B. COX AND J. EDGAR HOOVER.)"

Francis Biddle
Attorney General

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