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My letter to FBI Director Mueller

Douglas Caddy

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[Letter sent on my legal letterhead]

March 31, 2011

Robert S. Mueller, III


Federal Bureau of Investigation

J. Edgar Hoover Building

935 Pennsylvania Avenue, N.W.

Washington, D.C. 20535-0001

Re: Misprision of Felony

Dear Director Mueller:

I am a member of the District of Columbia and Texas Bars, and as such am an Officer of the Court. Thus, I have the legal obligation not to engage in misprision of felony, that is, not to engage in the concealment or non-disclosure of someone else’s felony. In the situation that I am about to describe three separate felonies may have been committed by the same individual, although the statute of limitations may or may not have run as to all or any of them.

I am author of a newly published book titled Watergate Exposed: How the President of the United States and the Watergate Burglars Were Set-up, told to me as original attorney for the Watergate Seven by Robert Merritt, former FBI and Washington, D.C. Police Confidential Informant. A copy of the book is enclosed

The book was printed by TrineDay Publishers and distributed to Amazon.Com and bookstores in early February 2011 after galleys had been approved by both Robert Merritt and me. However, within days after the book had been printed and distributed, to the shock and consternation of TrineDay and me, Robert Merritt disclosed for the first time certain controversial matters that were not covered in the book. It is about these matters that I am writing because they may be felonious in substance. They are:

(1) Lying to and misleading two committees of Congress and a Special Prosecutor.

(2) Participating in the theft a top secret “Eyes Only” U.S. Government national security document obtained through kidnapping, blackmailing and extorting the General Counsel of the CIA.

(3) Distributing candy containing poison to anti-war demonstrators and later claiming over a hundred of these persons died as a result.

On March 17, 2011, Robert Merritt was interviewed by Eben Rey on radio station KPFK 90.7 FM in Los Angeles in a segment of a program titled, “Something is happening with Roy in Hollywood – part B.” The hour long interview can be listened to by using the following link:


In the radio interview Robert Merritt disclosed the following:

(I) Merritt went public in 1973 in exposing his role as an FBI and Police Confidential Informant in COINTELPRO at the direction of Washington, D.C. Police Officer Carl Shoffler. Shoffer, who was actually an Army Military Intelligence Agent assigned to the police, had been Merritt’s handler since 1970. In other words, Merritt’s going public about the illegal COINTELPRO operations was in itself a COINTELPRO operation orchestrated by Military Intelligence.

Merritt testified in 1973 before the Senate Watergate Committee in Executive Session and before the Watergate Special Prosecution Force, and in 1975 before the House Select Committee on Intelligence (Pike Committee.) Please see pages 81-103 in the enclosed book for copies of the relevant Watergate Special Prosecution Force documents obtained from the National Archives: memorandum of July 24, 1973 to Terry Lenzer from Jim Moore regarding interview with Robert Merritt; memorandum of November 20, 1973 regarding interview with Robert Merritt; memorandum of November 27, 1973 regarding interview with Robert Merritt; and memorandum of December 20, 1973 regarding interview with Carl Shoffler. Merritt so testified before these government entities without disclosing that he was doing so pursuant to a COINTELPRO operation being orchestrated by Military Intelligence. In essence, he purposely misled these investigating bodies as to the real purpose of his so testifying.

An examination of the interviews by the Watergate Special Prosecution Force cited above reveals that, acting in behalf of Military Intelligence, Merritt had three targets: the Washington, D.C. Metropolitan Police, the FBI, and me (because I was a closet gay.)

[FBI files on Merritt as one of its confidential informants are reproduced in Appendices A and B in the enclosed book.]

Merritt disclosed in the March 17th KPFK radio interview that he was ordered to go public with what he knew about FBI and police COINTELPRO activities by Officer Shoffler and

Military Intelligence as a ruse to gain the confidence of those who were targets of COINTELPRO. However, there is no evidence that this subterfuge was successful. Instead it appears that the real reason that Military Intelligence ordered him to go public was to target the FBI and Washington, D.C. police and expose their roles in COINTELPRO. As evidence of this

please see page xiv of the enclosed book that reproduces the front page of The Daily Rag, a respected Washington alternative newspaper, of October 5-17, 1973, which carried the headline “An exclusive interview: FBI Informer Confesses.” There is no mention, of course, in the interview of Merritt that he was being handled by Military Intelligence or that his “confession” was a COINTELPRO scheme concocted by Military Intelligence allegedly to ingratiate him with COINTELPRO targets.

With the indictment, prosecution and conviction in 1979 of FBI Associate Director Mark Felt and Assistant Director Edward Miller, Military Intelligence apparently achieved its goal in orchestrating Merritt’s public disclosure of his COINTELPRO activities.

(2) The second matter Merritt disclosed in the radio interview was his role in obtaining an “Eyes Only” 400-page document titled Crimson Rose from within the CIA. Crimson Rose was a CIA report of its spying on the infamous military intelligence operation mounted inside the White House by the head of the Joint Chiefs of Staff, Admiral Thomas Moorer. This operation secretly stole over 5000 documents from President Nixon and Secretary of State Henry Kissinger. Crimson Rose was an acronym that stood for “Confidential Report on Intelligence of Military Secret Operations on Nixon” and whose subtitle was “Report of Operations of Secret Surveillance and Eavesdropping.”

Upon learning of the existence of Crimson Rose, Military Intelligence devised a plan to steal the file from within the bowels of the CIA. Military Intelligence deemed obtaining it to be absolutely essential. This was because, in the wake of Watergate and the disclosure of other unseemly government activities, in 1975 the Senate Select Committee to Study Government Operations with Respect to Intelligence Activities, known as the Church Committee after its chairman, Senator Frank Church, initiated hearings into the activities of the CIA and other intelligence agencies. The great fear of Military Intelligence was that should the Church Committee or the Pike Committee in the House get its hands on a copy of Crimson Rose in the course of their investigations of the CIA, disclosure of its contents would lead to exposing the role of Military Intelligence in bringing down the Nixon Administration and would drastically affect how the American public perceived its military. Disclosure could lead to a complete reorganization of the Pentagon and court martial trials, perhaps criminal trials, of those involved.

As recounted by Merritt, Shoffler played a key role in carrying out the plan to obtain Crimson Rose. In June 1975 Mitchell Rogovin, General Counsel to the CIA, was lured by someone he knew and trusted to dinner at the Mayflower Hotel in Washington. In the course of the dinner his drink was spiked, causing him to appear inebriated. Several men assisted him to a freight elevator that transported them to a floor above. Merritt operated the service elevator. The regular operator of the freight elevator had been given one hundred dollars and told to get lost for an hour. Rogovin was then carried into a hotel room and quickly stripped naked. He was positioned on a bed and a prostitute climbed into bed beside him. Shoffler had arranged with hoodlum Buster Riggin, for whom Merritt worked undercover in behalf of Shoffler, for the use of the prostitute from the prostitution ring managed by Riggin. Graphic photographs were taken of Rogovin and the woman in different sexual positions. Subsequently, Rogovin was shown the photographs and told that unless he obtained and delivered the Crimson Rose report from within the CIA, the compromising photographs of him would be leaked. He was also threatened that his son would be set up and falsely charged with selling illegal drugs if he did not cooperate.

Presented with these horrific threats, Rogovin chose to retrieve the Crimson Rose report and give it to the military agents involved, whose leader was Shoffler. When Rogovin gave it to Shoffler, the 400-page Crimson Rose file was encased in a formidable laminated binder bearing the seal of the CIA that had a broken chain dangling. The “Eyes Only” document had been protectively situated, chained to a circular table in a secure room inside CIA. In the center of the table were a large number of other CIA “Eyes Only” documents in their chained binders, allowing the documents to be read but not removed from the table. When given to Shoffler, the chain to the Crimson Rose document was broken. It had been cut. Shoffler later showed the document to Merritt.

Rogovin resigned as CIA General Counsel the next year.

(3) In a prior interview in February 2011of Merritt by Eben Rey on radio station KPFK, Merritt disclosed that military intelligence through Shoffler had ordered him to distribute candy containing slow-acting poison to anti-Vietnam War demonstrators and as a result of this he estimated over 100 persons died.

With TrineDay’s publication of Watergate Exposed in early February 2011, my agreement to assist Merritt in writing his story was completed. These possible felonious actions were withheld by Merritt and disclosed to TrineDay and me for the first time after the book had been printed. Thus, Merritt’s actions have severely compromised the integrity and marketability Watergate Exposed because in the book he fraudulently lied about his reason for breaking his confidential informant status with the FBI, when instead he had clandestinely agreed to go public as part of a sinister COINTELPRO operation orchestrated by Military Intelligence. This fraud by Merritt was committed against TrineDay, me and purchasers of the book. I have asked TrineDay to demand that Merritt, as a result of his fraudulent actions, return to it the monetary advance against royalties that he received. There is some reason to believe that Merritt even today may be under the control of a handler from the Intelligence Division of the New York Police Department.

Earlier this month TrineDay requested that Merritt provide it with the files on the three possible felonious matters that he had belatedly publicly disclosed. Merritt refused to do so and instead, as disclosed in his March 17th radio interview, shipped them off to Lyn Colodny, author of Silent Coup: The Removal of the President, and to Colodny’s associate, Luke Nichter of C-Span. Thus, should you wish to view these files, you should contact these individuals, who may have also in recent weeks conducted taped interviews of Merritt in which he may have made additional felonious disclosures.

As to the contents of Watergate Exposed, it should be noted that I am the author solely of the Prologue materials and the Epilogue and that the remainder of the book, which comprises most of the contents, is what Merritt told me or supplied me in my writing of it.

By means of this letter I am not presuming to request that the FBI take any specific action. It may well be that you will treat the information in this letter merely as clearing up some historical mysteries involving the FBI that grew out of the Watergate era.

However, I do plan to make this letter public by posting it on the Watergate Topic of the Education Forum, which is based in the U.K., so as to disassociate myself from the possible felonious disclosures made by Merritt after publication of Watergate Exposed.

Should you need additional information, please do not hesitate to contact me.

Very truly yours,

Douglas Caddy

Copies to: Raymond W. Kelly, Commissioner, New York City Police Department

Kris Millegan, TrineDay Publishers

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