SCLC #631 FBI Order 40-54 authority survived; field often forwarded complaint only

Attorney General Order No. 40-54 (Feb 9 1954) permitted FBI preliminary investigations into possible §§241, 242, 1581, 1583, 1584 violations without prior Civil Rights Division approval — permissive, not mandatory, never rescinded. U.S. Attorneys’ Manual: FBI “may” inquire on its own initiative, at USA request, or at Division request.

Yet Commission learned of a significant number of cases where field offices forwarded only the original complaint despite named local witnesses (Division attorneys: “most of the time it forwards only the complaint”). Practical initiative for ordering preliminary inquiry largely with the Division.

Metric trap: FBI annual report 1958 “preliminary investigations instituted” (1,269) vs 1959–60 “violations received/reported” (1,292 / 1,398) are different metrics, not proof investigations increased. Primary: 61-006-U.pdf pp.59–61 notes 131–139.