LETTER TO OTIS G. PIKE FROM GERALD R. FORD RE MY DEEP CONCERN BECAUSE THE SELECT COMMITTEE FOUND IT NECESSARY ON NOVEMBER 14 TO VOTE IN FAVOR OF THREE RESOLUTIONS WHICH COULD LEAD TO A FINDING BY THE HOUSE OF REPRESENTATIVES THAT SECRETARY OF STATE HENRY

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 01482462
• Release Decision: RIFPUB
• Original Classification: U
• Document Page Count: 4
• Document Creation Date: December 28, 2022
• Document Release Date: August 7, 2017
• Case Number: F-2007-00094
• Publication Date: November 19, 1975

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THE WHITE HOUSE
-
WASH I NGTON
November 19, 1975
Dear Mr. Chairman:
Efi /d5-7).2
I want you to know of my dee� cdncern because the Select
Committee found it necessary on November 14 to vote in.
favor of three resolutions which could lead to a finding
by the House of Representatives that Secretary of State
Henry Kissinger is in contempt for failure to comply with
three. Committee subpoenas. This issue involves grave
matters affecting our conduct of foreign policy and raises
questions which go to the ability of our Republic to govern
itself effectively. I know that you, Mr. Chairman, share
my deep respect for the rights and powers of the House, of
Representatives -- where.our cumulative service spans
nearly four decades -- and for the obligations and respon-
sibilities of the President. The two branches of government
have, an extremely serious responsibility to consider the
issues_raised in the ongoing foreign intelligence investiga-
tions dispassionately and with mutual respect.
Former Chief Justice Warren pointed out twenty years ago
that there can be no doubt as to the power of Congress and
its committees to investigate fully matters relating to
contemplated legislation. ,Without this power, which in-
cludes the authority to compel testimony and the production
of documents, the Congress could not exercise its responsi-
bilities under Article I of our Constitution. However, this
power, as broad as it is, is subject to recognized limitations.
Not only .is it limited by powers given to the other two
branches, but it also must respect requirements of procedural
due process as they affect individuals.
The action of your Committee concerning the November 14th.
resolutions raises, in my mind, three principal issues:
the extent to which the Committee needs access' to additional
Executive Branch documents to carry out its legislative
functions; the importance of maintaining the seoaration of�
powers between the branches and the ability of the Executive
to function; and the individual rights of officials involved.
in this matter. I am not interested in recrirainations and
collateral issues which only serve to cloud the significant
questions before us.
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From the beginning of the investigations of the intelligence
.agencies, I have taken action to stop any possible abuses
and to make certain that they do not recur as long as I am.
President.. I have also endeavored to make available relevant
information in 4 responsible manner to the appropriate
committees of Congress.
I have given great weight to my responsibility to maintain
the integrity of our intelligence community and the ability
of this Nation to develop and use foreign intelligence. This
is one reason why I have insisted that much of the informa-
tion I have made available to Congress be kept secret, so
that.current�foreign intelligence operations, which are
critical for the national security, can continue effectively.
In accordance with these principles, your Committee and the
Senate Select Committee have received unprecedented access
to Executive Branch documents and inIormation.
Your Committee's November 6th votes on seven subpoenas for
additional Executive Branch documents came in the context
of several months of working together on this very difficult
subject and a record of cooperation on both sides. They :
were served on November 7. The documents were due on the
morning of November 11, and the appropriate Administration
officials immediately went to work collecting the-informa-
tion. Four of the subpoenas were complied, with fully.
However, problems arose as.to the remaining three issued to:
"Henry A. Kissinger, Secretary of State, or any
subordinate officer, official or employee with .
custody or control of ... all documents relating �
to State Department recommending covert action made
to the National Security Council and its predecessor.
committees from January 30, 1961 to present."
"the Assistant to the President for National Security.
Affairs, or any subordinate officer, official or
employee with custody or control of all 40
Committee and predecessor Committee records of
decisions taken since January 20, 1965 reflecting
approvals of covert action projects. [separate
subpoena] ... All ,documents furnished by the Arms
Control and Disarmament Agency's Standing Consultative
Commission, and the Central-Intelligen6e Agency, the
National Security Agency, the Department of Defense,
and the Intelligence Community staff, since May, 1972
relating to adherence to the provisions of the Strategic
Arms Limitation Treaty of 1972 and the Vladivostok
agreement of 1972."
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These three sul�oenas are the basis of tb Committee
resolutions of ivember 14.
The subpoena directed to the Secretary Of State requests
documents containing the recommendation of State Department �
officials to former Presidents concerning highly sensitive
matters involving foreign intelligence activities Of the
United States.- The appropriate State Department officials
identified and referred to the White House documents which
apparently fall within the subpoena. None of these documents
are from my Administration. These were carefully reviewed
and, after I received the opinion of the. Attorney General
that these documents are of the type for ,which Executive -
privilege may appropriately be asserted, I directed Secretary
Kissinger not to comply with the subpoena on the grounds of.
Executive privilege. I made a findirig that, in addition to
disclosing highly sensitive military and foreign affairs
assessments and evaluations, the documents revealed to an
unacceptable degree the consultation- process involving
advice and recommendations to Presidents Kennedy, Johnson
and Nixon, made to them directly or to committees composed
of their Closest aides and counselors. Thus, in declining. �
to .comply with the subpoena, Secretary .of State Kissinger
was acting on my instructions as President of the United
States.
With respect to the two subpoenas directed to "...the
Assistant to the President for National-Security Affairs,
or any subordinate officer, official or employee with
custody of control...", thereally- important point here
is that the NSC staff has made a major effort to deliver
the documents requested. As you know, additional documents
were made available to the Committee after the deadline of
the subpoenas and indeed after the Committee voted on the
November 14th resolutions. There has been and continues to
be an effort on the part of the NSC staff to provide the
Committee with the information and documentation it needs.
In fact, a very comprehensive volume of information has
been made available which provides the Committee a sub-
stantial basis for its investigation.
This effort was undertaken, notwithstanding the fact that
-the_ subpoenas themselves were served on November 7, made
returnable .only 'four days later, and called for a broad
class.of documents, going back in one subpoena to 1965,
and in the other to 1972 Substantial efforts were required
to search files, identify items covered, and to review them
for foreign policy and national security reasons in accord-
ance with procedures which have been previously used with
information requested by the Select Committee.
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In addition to our efforts to substantially comply with
these two subpoenas, I have been advised that there are
serious and substantial legal and factual.cuestions as to
the basis on which the Committee seeks to find Secretary
Kissinger to be in contempt. The subpoenas were directed
to "...the Assistant to the President for National Security
Affairs, or any subordinate officer..." and were in fact
served on the Staff Secretary of the MSC. Secretary
Kissinger had no responsibility for responLing to these
subpoenas nor for supervising the response to them. After
November 3, he was no longer my Assistant for National
Security Affairs, and he was neither named in the subpoenas
nor were they served upon him. Thus there is no basis for
the resolutions addressed to Secretary Kissinger on these
subpoenas.
In summary, I believe that if the Committee were to recon-
sider the three resolutions of November 14, it would
conclude that my claim of Executive privilege is a proper
exercise of my Constitutional right and responsibility.
As to the two subpoenas directed to the Assistant for
National Security Affairs, they do not involve Secretary
Kissinger, and there has been a substantial effort by the
NSC -staff to provide these documents. Furthermore, they
will continue to work with you and your Committee to resolve
any remaining problems.
It is my hope that the Select Committee will permit Executive
Branch officials to appear at tomorrow's hearing to discuss
the points I have raised in this letter.
It is my desire that we continue forward, working together
on the foreign intelligence investigation. I believe that
the national interest is best served through our cooperation
and adoption of a spirit of mutual trust and respect.
Sincerely,
The Honorable Otis G. Pike
,Chairman
House Select Committee
on Intelligence
House of Representatives
Washington, D.C. 20515
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