Bernon Mitchell phones the US Consulate in Leningrad
R 2 8 1 2 5 4 2 FEB 7 7
FM AMCONSUL LENINGRAD
TO SECSTATE WASHDC 2996
INFO AMEMBASSY MOSCOW
EXDIS DECAPTIONED
FOR SCA/VO
E.O. 11652: XGDS-4
TAGS: CVIS ( MITCHELL , VERNON F , ) , CGEN, P I N S , UR
SUBJ: INQUIRY ON EXTRADITION FROM NSA DEFECTOR
REF: LENINGRAD 0203
1. ON FEBRUARY 28, 1977, SUBJECT CALLED CONGEN TWICE.
DURING FIRST CONVERSATION, CONSOFF REPLIED TO
SUBJECT ‘S INITIAL QUERY PER REFTEL . SUBJECT STATED
THAT HE WAS GLAD TO HEAR THIS AS HE WAS TOLD RECENTLY
BY WILLIAM H. MARTIN, WHO DEFECTED WITH HIM IN 1961,
THAT THE TWO HAD BEEN TRIED IN ABSENTIA AND SENTENCED TO TWENTY
YEARS AT HARD LABOR. ACCORDING TO SUBJECT, MARTIN IS
LIVING IN MOSCOW AND HAS CONTACT WITH THE EMBASSY. LATER,
SUBJECT CALLED BACK TO ASK FOR “HARD COPY” OF REFTEL
BUT CONSOFF REFUSED PER CONSUL GENERAL’S INSTRUCTIONS.
2 . SUBJECT ASKED TWO QUESTIONS DURING TELEPHONE CONVERSATIONS
WHICH ARE WORTHY OF NOTE :
(A) DOES CONGEN TAPE TELEPHONE CONVERSATIONS. BY WAY
OF EXPLANATION SUBJECT SAID THAT KGB CERTAINLY DOES AND
ASKED CONSOFF TO CONSIDER TAPING THEIR CONVERSATIONS SO THERE
WOULD BE RECORD OF THEM. FOR HIS OWN SECURITY, SUBJECT
WANTS CONGEN’S VERSION OF CONVERSATIONS IN EVENT KGB WERE TO
CONFRONT HIM ON CONTENT OF CONVERSATIONS. CONSOFF
RESPONDED THAT CONGEN DOES NOT TAPE TELEPHONE CONVERSATIONS;
( B ) ASKED IF CONGEN LIBRARY HAS BOOK ENTITLED “THE CODEBREAKERS”
BY DAVID KAHN- SUBJECT SAID KAHN WROTE HIM
A LETTER I N 1961 SEEKING ADVICE ON SUBJECT OF HIS BOOK.
SUBJECT DID NOT RESPOND TO KAHN’S LETTER BUT UNDERSTANDS THAT
HIS BOOK GIVES IMPRESSION THAT ALL CODES CAN BE BROKEN,
WHICH SUBJECT SAID IS FALSE. CONSOFF REPLIED THAT LIBRARY
DOES NOT HAVE BOOK, BUT SUBJECT MAY USE THE LIBRARY IF HE
ABLE GET BY MILITIAMEN.
3. SUBJECT SAID HE WOULD CALL CONGEN AGAIN IF HE
HAS ADDITIONAL QUESTIONS.
NEUBERT
CONFIDENTIAL
NNN
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State Dept. determines that Bernon Mitchell lost his US citizenship by taking Soviet citizenship shortly after his defection in 1960.
PAGE 01 STATE 269158
ORIGIN OCS -0 6
INFO OCT-00 EUR-12 ADS-00 CA-01 L-03 VO-05 INR-10
JUSE-00 FBIE-00 INSE-00 CIAE-00 NSAE-00 PPT-01
/038 R
DRAFTED BY CA/OCS/CCS/EUR:~EDMONDS:JM
APPROVED BY CA/OCS/CCS:NJKRIEG
EUR/SOV: SBYRNES (SUBS)
L/CA:JRBYERLY
CA/VO:CKEIL
INR/RP : JBEASTMAN (INFO)
DESIRED DISTRIBUTION
INR, CIA, FBI, NSA, EUR/SOV, CA/VO, DEPT. OF JUSTICE, CRIM DIV.,
JOHN H. DAVITT —————— 095371 1522422 /64
P 1520412 OCT 79
FM SECSTATE WASHDC
TO AMCONSUL LENINGRAD PRIORITY
INFO AMEMBASSY MOSCOW PRIORITY
C 0 N F I D E N T I A L STATE 269158
E.O. 12065: GDS 12065
TAGS: CPAS : PINT, (MITCHELL, BERNON F. )
SUBJECT: LOSS OF U-S, NATIONALITY
REF: LENINGRAD 3670 OF SEPT. 28 AND PREVIOUS
1. DEPARTMENT HAS DETERMINED THAT NOTE KU-1486 FROM
MINISTRY OF FOREIGN AFFAIRS AND MR, MITCHELL’S ADMISSION IN
AFFIDAVIT OF EXPATRIATED PERSON SHOW THAT HE WAS NATURALIZED
AS A CITIZEN OF TKE USSR ON 8/16/60, HE THEREFORE PERFORMED
EXPATRIATIVE ACT UNDER SECTION 34 9 (A) (1 ) INA.
PAGE 02 STATE 269158
2. DEPARTMENT IS ALSO SATISFIED THAT MR. MITCHELL WAS
NATURALIZED VOLUNTARILY AND WITH THE INTENT TO RELINQUISH
HIS U. S . NATIONALITY. NATURALIZATION IS CONSIDERED IN ITSELF
HIGHLY PERSUASIVE EVIDENCE OF INTENT. IN ADDITION, WE
NOTE IN PARTICULAR THAT HE SIGNED AFFIDAVIT BEFORE CONOFF
ON 12/19/78 AFFIRMING VOLUNTARINESS AND INTENT. EVIDENCE
IS SUFFICIENT TO MEET DEPARTMENT’S BURDEN OF PROVING LOSS
OF U.S. NATIONALITY.
3. DEPARTMENT HAS THEREFORE DETERMINED THAT MR. MITCHELL
LOST U. S. NATIONALITY UNDER SECTION 349 (A) (1) INA ON 8/16/60,
HOWEVER, CLN PREPARED 12/19/78 DISAPPROVED AS TO FORM.
CERTIFICATE DID NOT MENTION SUBJECT ‘ S AFFIDAVIT OF
EXPATRIATED PERSON, WHICH CONSTITUTES BEST EVIDENCE OF
VOLUNTARINESS AND INTENT. CONGEN REQUESTED TO PREPARE NEW
CLN CITING ONLY NOTE KU-1486 AND SUBJECT’S AFFIDAVIT,
TELEGRAMS CITED IN PREVIOUS CERTIFICATE ARE SUPERFLUOUS
AND NOT CONSIDERED APPROPRIATE FOR ATTACHMENT. PLEASE
SUBMIT TO DEPARTMENT FOR APPROVAL ASAP. FOR RECORD
PURPOSES ALSO SUBMIT ORIGINAL RUSSIAN LANGUAGE VERSION OF
NOTE.
4. FOR MOSCOW: FOR RECORD PURPOSES, PLEASE ATTEMPT TO
OBTAIN ANY RECORD FROM AUSTRALIAN EMBASSY RE SUBJECT’S
CLAIMED ATTEMPT TO APPLY FOR AUSTRALIAN VISA AS REPORTED
IN MOSCOW 5934 OF 4/29/77. IN PARTICULAR, DOES AUSTRALIAN
EMBASSY HAVE ANY RECORD OF HOW SUBJECT DESCRIBED HIS
CITIZENSHIP STATUS IN CONNECTION WITH HIS ATTEMPT?
5. PLEASE SUBMIT ANY VISA APPLICATION BY SUBJECT FOR
SECURITY ADVISORY OPINION TO OFFICE OF VISA SERVICES
(CA/VO/L/C), VANCE
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