342.1121/82

The Acting Attorney General ( Stanley ) to the Secretary of State

My Dear Mr. Secretary: This is in reply to your communication of June 2, 1934,61 in which you request to be advised as to the rule in existence in American prisons governing the visits of consular officers.

In reply thereto I am giving you the full text of the rule governing in Federal penal institutions:

Whenever it has been determined to the satisfaction of the warden that a prisoner is a citizen of a foreign country, visits by the consular representative of such foreign country, or other duly accredited delegates having legitimate business with such prisoner, shall be permitted by the warden at reasonable hours. This privilege shall not be withheld even though the inmate is undergoing punishment by solitary confinement or under other disciplinary control.

You will observe that no special instructions appear in this rule as to the presence of an officer during the interview. That would be determined by conditions in the institution, by the character of the prisoner and perhaps would be affected by the request of the consular representative.

In the Federal prison system all ordinary visits to inmates are made in the presence of a guard, not only for the purpose of protecting the visitor but of preventing the introduction of contraband. In most cases the Guard does not make any effort to and does not actually hear the conversation between the prisoner and his visitor.

In rare cases where government prosecuting agencies have suspicions or for other reasons, it is deemed advisable to have a special officer present at the interview in order that no important communications may take place between them.

While there is no separate rule, I am confident that it would be the disposition of our wardens and superintendents to permit interviews by prisoners with their consular representatives in the presence of [Page 58] a guard but not within his hearing, unless it had been established that the prisoner had previously abused such a privilege.

I note with satisfaction from the memorandum enclosed with your letter that the case of Elmer Geller, alias John O’Brien, is being satisfactorily adjusted.

Yours very truly,

William Stanley
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