OPINION
SAND, District Judge.
This is an action brought by the United States pursuant to the Racketeer Influenced and Corrupt Organization statute, 18 U.S.C. § 1964 (1988), seeking, among other things, the imposition of a trusteeship on Local 1809 of the International Longshoreman's Association, AFL-CIO. The complaint alleges that members of Local 1809 were victims of extortion by various named individual defendants, who:
obtained and attempted to obtain money and property from the membership of ILA Locals 1809, 1909, and 824, including the right of union members to free speech and democratic participation in internal union affairs as guaranteed by Section 411 of Title 29, United States Code; to loyal and responsible representation by their union officers as guaranteed by Section 501(a) of Title 29, United States Code; and to loyal and responsible representation by the fiduciaries of ILA Benefit Funds covering Local 824 members as guaranteed by Section 1104 and 1106 of Title 29, United States Code, which rights the defendants obtained and attempted to obtain from the members of ILA Locals 1809, 1909, and 824, with their consent induced by the wrongful use of actual and threatened force, violence, and/or fear, including fear of physical and economic injury; that is, among other means, the defendants did create, and attempt and conspire to create a climate of intimidation and fear which demonstrated that ILA Locals 1809, 1909, and 824 were under the control of, and acting on behalf of, La Cosa Nostra figures (Complaint ¶ 95).
Before the Court is the application of Local 1809, dated November 27, 1990, to compel disclosure, during the pre-trial deposition of Special Agent George Walker of the Federal Bureau of Investigation, of the names of the members of the Local who he alleges expressed to him, on promises of concealment of their identities, their belief that the Local was controlled by organized crime and their fear of possible retaliation if they exercised their rights as union members.
This application is opposed by the Government, which asserts that the "informer's privilege" bars the Local from learning the identity of these persons and proposes an in camera hearing at trial in which both the Government and the Local would submit written questions to such witnesses, whose identities would remain undisclosed. See Government's Memorandum of Law in Opposition to Defendant Local 1809's Request for the Identification of Government Informants and in Support of the Government's Application for an In Camera Proceeding at Trial to Take Testimony of Local 1809 Members ("Government's Memorandum").
An understanding of the issues presented by these cross-applications requires a detailed statement of how this issue has evolved during the course of prior proceedings in this case.
A. The Motion for Summary Judgment and Prior Affidavits
In a motion argued before the Court on July 26, 1990, Local 1809 sought summary judgment on the ground that there is no evidence that its members were extorted, a concededly essential element of the Government's claim against this Local. In support of this motion, Local 1809 submitted the affidavits of 155 of its 160 present members attesting to the absence of fear on their part.1
On the return day of Local 1809's summary judgment motion, and in opposition thereto, the Government submitted the Declaration of F.B.I. Agent George Walker (Ex. A to the Declaration of James L. Cott, December 10, 1990).
In that Declaration, Agent Walker asserts:
3. I have spoken face to face with approximately fifteen members of Local 1809 during the course of this investigation. These discussions have occurred both before and since the filing of the complaint in this action. I also have received anonymous telephone calls on many occasions, particularly since the filing of this lawsuit. Local 1809's contention that the Government did not have evidence of the extortion of its members' rights prior to the initiation of this lawsuit is simply wrong.
4. The Local 1809 members with whom I have spoken have acknowledged their belief that the highest officers of their Local, and indeed, of the International Longshoremen's Association itself, are controlled and influenced by organized crime. Specifically, these members have stated their belief that their union is split between two organized crime groups, the "Brooklyn guys" or "Italians" and the "Irish" or "West side guys". Though the members are not always aware of the precise organized crime family names, my further discussions with them indicate that their references to the "Italians" and "Irish" refer to the Gambino Organized Crime Family and the Westies, respectively.
5. The union officials that these members most often refer to as connected to organized crime include John Bowers, Local 1809 (and International) President, Thomas Ryan, Local 1809 Vice President, and John Potter, Local 1809 Secretary-Treasurer.
6. These individuals also have repeatedly expressed fear that they will suffer physical harm should it become known that they have spoken to, much less provided any information to, the FBI. They are aware of violence associated with organized crime and they fear for themselves and their families should their identities be disclosed. Throughout our discussions, these members appear greatly fearful that their identities will ever be disclosed. For this reason, in accordance with FBI procedures and upon the individuals' several requests, I have told the individuals that their identities will remain confidential. I have not revealed the identities of these individuals even to the United States Attorney's Office. Although the FBI is hopeful that some members ultimately will agree to testify in the future, we are involved in a sensitive stage in the process. The FBI's primary concern is for the safety of these potential witnesses.
7. These individuals also have expressed fear of economic coercion. Numerous relatives of Bowers, Ryan, Potter, Gleason, and other west side union officials are members of the Local or hold positions of authority at the ILA Funds and offices. These members have indicated that the best employment opportunities and monetary rewards go to those with family or other connections.
8. I have also spoken to members regarding the process by which the affidavits submitted by Local 1809 in support of this motion for summary judgment were procured. They have indicated that they felt coerced by the process by which these affidavits were obtained, having to execute them in front of their colleagues and the attorneys for the Local.
On September 5, 1990, Agent Walker submitted a Supplemental Declaration (Ex. B to the Declaration of James L. Cott) in response to the Local 1809 objection that his previous declaration did not explicitly "mention whether the members of Local 1809 stated that they have given up their rights under the Labor Management Reporting and Disclosure Act of 1959." Declaration, ¶ 2.
The Supplemental Declaration goes on to assert:
3. In fact, the members of Local 1809 with whom I spoke emphasized that they felt that there was no point in attempting to exercise their rights to vote freely, to run for office, or to insist on fair representation of their views. Their belief was based upon two stated fears: economic and physical reprisal.
4. First is the nature of Local 1809 members' relationship to their officers. The members of Local 1809 know, for example, that John Bowers, the President of the International Longshoremen's Association and Local 1809, is also their employer and ultimately has the power to hire and fire them. Thus, members have stated that they fear that any criticism of Mr. Bowers or his fellow officers, or any attempt to remove them from office through democratic electoral processes, could result in their sudden loss of livelihood.
5. Another fact that members of Local 1809 point to is the nature of the elections within the Local. The officers of the Local always run unopposed. There are no alternatives for the rank and file to consider. Members are aware of instances where the officers of the Local have told potential candidates for office, "you cannot run".
6. The coercion created by the structure of the Local is reinforced by the reputations of the officers of the Local and of the International. The "Brooklyn guys" or "Italians" and the "Irish" or "West Side guys" are not simply terms Local 1809 members use to refer to ethnicity and geography. Although these members may not be familiar with the terms "Gambino Family" and "Westies", the members state their belief that their officers are connected to violent criminals and that organized crime has a reputation for physical violence on the Waterfront. More than one Local 1809 member has stated explicitly that the "mafia controls the Longshoremen's Association". As a result, these members have concluded that it is not only pointless, but potentially dangerous to oppose their officers.
7. Indeed, more than one Local 1809 member has indicated that he or she fears that they might be killed should their cooperation be disclosed. Nevertheless, the Bureau continues to seek to obtain public testimony by these members. Federal Bureau of Investigation policy otherwise prohibits our disclosure of the identities of informants without their consent. Accordingly, should the Court at some future date require testimonial evidence by Local 1809 members, we propose that the Court consider an in camera inquiry of such
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