HOW KISSINGER, THE WHITE HOUSE, AND THE CIA OBSTRUCTED THE INVESTIGATION

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CIA-RDP03-01541R000200420002-0
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February 23, 1976
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`'Classified information."; pre .sents a classic paradox:, without it,. government: some times cannot" function; with it, _ government.sometimes ; cannot-function?. Page; 66 ; `On September .124, 1975 the Deputy Secretary.. o-f =State, raised for the first time an'. innuendo that the Committee's :action resembled. .McCarthyism.' Page'63 Declassified and Approved For Release 2012/03/30: CIA-RDP03-01541 R000200420002-0 Z .We were given heavily `.'sanitized". pieces of paper. "Sanitized---.was merely a euphemism for blank "sheets Page 61 . DllO~GaOQC~I D~IOC ` .. The cut-offfrom. inform- tionstruck' at the'heart of ' Committee, operations: One onth. out- of our _five month investigative `period was' lost, while the -issue -was ,:: :negotiated Page 6 Declassified and Approved For Release 2012/03/30: CIA-RDP03-01541 R000200420002-0 ...`Overuse of classification is inevitable when .. some 1,75 persons can .classify :information.' The- authority; invoked.by. the Secretary of-State-was neither "classification,"' nor "executive privilege,"?but.a new. doctrine -,that- can best be =- ?characterized as `-`secretarial. privilege".. ' Page 62; Page:.;68 Declassified and Approved For Release 2012/03/30: CIA-RDP03-01541 R000200420002-0 If this Committee's recent experience any test, in. . telligence agencies that are to be: controlled by, Con- gressional, lawmaking are ,to`day?be ond the l w= , y a maker's scrutiny. These secret agencies-.have interests that inherently, conflict with the open accountability of a- political body, and . there are many tools and tactics to block and. deceive.'. conventional- Congressional-;checks. Added to.this:are the unique attributes,i f,-intelligence notably;."national security,"' in its cloak of secrecy and mystery-to intimidate Congress and erode fragile support for-sensitive inquiries. Wise -and:effective, legislation cannot proceed. in the. .'absence oUinformation? respecting conditions to be.af- fected,'o I changed.; Nevertheless,: under, ppreseht cir-- cumstances; inquiry into intelligence activities. faces serious,and fundamental shortcomings. Even. limited ,success in : exercising. future oversight requires: a rethinking of the,powers, procedures, and duties ofd the overseers.' This Committee's path 'and policies, its pluses 'and,minuses,,may at'least'indicate [nfo~n. atI4ji The keyto?exercising.oversight is knowledge.:In the case of intelligence agencies, this translates into a need for,access to information often held ,'by'Ithe`agencies themselves, about. events. in distant. places. It is an uncertain approach to gathermg'facts , given' the best bf circumstances.- The? best of circumstances thereby l ecome-a minimum, condition.: ..-The Select Committee's.most . important work may, well have been, its test of those. circumstances; testing perhaps for the ; first' time what happens ' when Con- gress unilaterally decides what, it wants fo know and how it wants to know,, it. . There, were numerous public expressions by.intelli intelli-gence' agencies;?and the Executive that-.full coopera- tion would be accorded 3 The' credibilityi: of. s'uch' as: suran~es was ,important,_since almost all the necessary material's.,were.classifed and controlled liy, the. execu- tive 'branch. Despite- these. public representations,'-in practice most document. access was preceded by lengthy negotiations: Almost without exception, these negotiations yielded something less than complete or timely'aceess 4 ? In'short, the words were always words of coopera- iion;-the ,'reality was delay, refusal missing inform a- tion,' asserted privileges, and on and on .s The .Committee.' began by ;assertmg..that Congress .alone.must decide..who, acting in its belhalf.has. a right fo. know secret information. This led-to a rejec- ,tion of:.Executive "clearances"6 or the " coinpartmenta- tion" 7 of our staff..The. Commfttee.refused,,. as a mat- ter of policy, to sign agreements. It refused -toallow 'intelligence?officials to;read:and review our ihvestiga- tors'notes;,and,ayoided: canned briefings' _in? favor, of ,primary :,source material..-The Committee maintained . that Congress has a, right?to all infor-nation-short of :direct communications with the President Our ability to abide by" these,;policies has been a mixed record Qn the plus side, an aggressive pursuit, of facts and a willirign~ess.to back, up. this pursuit with'subpoenas? produced some unprecedented- results..As an example, never before .had .either the. Executive or dongress, puts together a ten-year, review, of. covert action projects. By subpoena-which, unfortunately, had to be 'taken-' the: brink of contempt enforcement-the staff: of the ` Committee analyzed 'all, official-covert action .approv- als since 1x965, and reported its ,results to he- Commit-.. tee in a closed. hearing.?, That presentation, was one. of,' ;the. morel interesting and. ' accurate pictures ,of?. U.S.': covert..policies ,yet' assembled and 'was of no. small valueao our findings. Other, examples appear, through out:.the-remamder.of this.repo`rt . , Nonetheless `if that is the ,positive side, it was off- set by the extraordinary efforts that were required, eyen~m a (climate.: favorable to reviewing past;Execu I.. tive.conduct, fo, identify and. obtain documents:. It~is a commentary in itself .that subpoenaswere Ii 7 3717 i unary G . (. Y7 iL'd ~7 I~ f"^3t k 7u P E' rt F a t'i 7id EDITOR'S NOTE Last week The: Village'. Voice printed almost in 'full the text of,the.second of three sections of the`repoit on U;S."secret'agencies,-dated January.. 19" 1976, 'prepared by.. the House Select. Com-- mittee.on' Intelligence,, chaired -by Congressman Otis Pike of 1.N6w York. That .second: section contains t'ne investigative record of the Com- mittee As noted in our introduction; we could not publish the third section of the report-a section on 'recommendations - because" the,-Co m mittee had' not. written it.. And, we did., choose ..,to publish' the'first section becau'se .-dealt.'not with the* Coinmittee's findings but rather with' its . frustrations' as an `investigative unit. Herewith we 'are'- 'publishing' the text, of that first'section because of the perspective. it .provides for; understanding the reaction of Secretary. of State Henry Kissinger the ' White :House -the secret agencies, and the :Pike Committee itself: to publication of the report and, to the .'fact that it appeared; exclusively in , the Voice By::far the;.' greatest outrage} has been expressed not;,toward"'.'' those whose mismanagement cynicism and ;; downright ,lawlessness` have made 'scandal : and'.= toward those m. the Congress and the media who: uncovered '. and reported: the. "facts.. The first sec tion;'of the ,, Pike,;Papers :helps explain, this in vetted .response = It tells `of repeated efforts by above all }Mr Kissinger and by the White House'_ theCIA Senator Henry :.Jackson; and others tor; -contain" 'obstruct;wdelay rand , if. possible derail. the Select Committee s'investigation It also tells= some of~ the effects ,?of these efforts u In the end the obstructionists;did not succeed But the turmoil itself` and piecemeal leaks tend ? a x. to: focus attention on the clash of interests rather than the substance; of the "Committee s findings arid-kill threaten to dilute its cumulative ;impact In;the-following text space lim tations:require, us to delete some. non substantive references from : the footnotes.. Therefore;-.footnotes-are not'num bered'consecutively;'. but- the- numbering :follows subpoenas:. were, not enough and only a , determined threat of .contempt; proceedings: brought _ grudging- 'It- is interesting fo note" that,' d'espite,volumes 'of, literature,' public. utterance, and court cases oh.the subject, there are no, clear definitions of" what `national security is: E.q Note .87'Horv:'L 'Rev: "976`'(1'974); Becker, .`Tlie ' Supreme . Court's Recent""National Se- curity" Decisions: Which'. Interests' Are Being Pro- tected?:40 -Tenn. 1. Rev ,t (1972) 2Justice Van Devanter `speaking for a , unanimous Supreme Court wrote that the Congressional power of inquiry=with process 'to enforce. it-is ; essential and appropriate as an auxiliary to y the legislative funs- Lion "'McGrain v ,Daugherty (1972) Early in the history of our republic the power was accompanied: by "instructions to inquire into the, con dition of the! various: ex_ecutive.,'departments; and the ability and_iniegritywith which they have been?con- ducted:' 13' Cong:?.Deb '1057-4067; (1836) 31n a. letter to the Chairman dated October '14, 1975, Secretary of State Kissinger stated: I have'no desire- to keep anything, from the' Select' Committee with-regard to the Cyprus 'crisis or'any-other' subject.'.' Letter to' ChairmanPike, from' Dr... Kissinger, State Dept., Oct'. .14, 1975.: In ?a second 'letter to the.Chairman, dated.'.Novem ber'3, `1975, Dr Kissinger.'again .pledged=his coopera- tion! ."Let. me reiterate that-- my -intention is not to withhold'any information of:?,use to-the- Committee .... 1. remain-. as determined as:ever;.'to.do everythingpossi-. .1.bleto assist. the Committee in its difficult. and impor- tant task. ' :Letter to ,Chairman,:Pike,, from- ?Dr .- Kis I T Declassified and Approved For Release 2012/03/30: CIA-RDP03-01541 R000200420002-0 At a news conference o un 10 1975, PreSid nt f o r i T J m a i o n even among officials witty security lear-" : n$1J'r f- z?e A7'.'7~~:;TPJ! 'v~J > laf f. )t; .Lti:, r~10Ie~- to tlr rn Ford stated:."I will.make'available'to the Senate, and 'House` Select .Committees these [Rockefeller Commis- sion] - materials; together with other related`," aterials in .the executive branch." He went ' on to say: "`So ?there's'not going to be any possibility of any cover-up because we're, giving them the material that the Rock- efeller Commission developed in' their hearings,' plus any other material that is, available 'in 'the executive branch.", (Emphasis added.) President's News Con ference, Wash. D.C.; June 10,1975.'' 4The following statement by the Chairman, on No- vember "14, .-1'975, with reference ?to ? a subpoena of State Department documents; -is typical: `"Chairman' PIKE. That troubles ' me, Mr: McClory. The fact. is that three days' after' the subpoena :was ? due, we have nothing. You,have had' phone calls.- Mr. Donner and Mr. Field have . had. phone: calls. The President has not asserted executive` privilege, but- he.. hasn't done it.'.' . The Committee also discovered'. .what Chairman Pike described as the "dribble treatment,'!- where one' or two documents .were' delivered `each day over. the. course of several weeks. -This: was a particularly subtle impediment," as ` it gave the' executive branch an op- ..portunity,to,deny that it was withholding, information, .while at 'the'.. same time delaying,' the Committee's work. In the domestic intelligence investigation,-Drug En- : forcement Administration documents, which had been requested for over three months, were opened ,for Committee "inspection 48 hours before a hearing on DEA intelligence. - Even then; a subpoena had ' been 'necessary to obtain .information. -The staff:was not given access to the'17 so-called Kissinger?wiretap-ma aerials" until 24 hours before Dr. Kissinger appeared before the Committee; and that took place only after lengthy negotiations: (Justice Dep'artment memoranda arelating to the 17 wiretaps: are printed as 'pp.-IX of the Comm. Hearings, Part 3.) ? ? ' 5The Chairman's comments on September 29, 1975, in a ? discussion ' of proposed , agreements with the Ex- ecutive; illustrate the 'point::. ? . "Chairman PIKE. You thought we had -an agreement with the President two weeks' ago-or .,a week and a, half ago-and we adopted your proposals in order 'to get,that agreement. "Having adopted your proposals; they said, 'Well, that is the first bite, now. we: will come back for some more.' They have ,now come back for some more: "You want us to adopt these proposals: You keep, seeing huge cooperation' just around'the. corner and it is not there, and it has not been there. At a Committee meeting early in September, the ,.Chairman described the Committee s'experience thus far with executive branch cooperation"' Here is what;.we run into.... Nothing is ever re fused-things.just are.notdelivered.:They,.very'care fully do'notrefuse but.the. language'isalways,the,lan duction. " . A' month later, the degree. of, cooperation - liad not noticeably improved. As ,the Chairman , stated: 'I think we .all know- :what is-going on here. You asked-that we wait another;-week-and; we can. wait for another week. You say. that we" ought';to :be coh cerned with-the official: statements and,, as I,have .in-, dicated from the day,I got on. the Committee, the ofli- cial.statements. always'promise cooperation. There has never been an official statement which says, `In.,,no. -way are you .going;,to get, this information.',:But the fact of `the matter is that we don t.,-; the informs tion .6The Committee did accept -the assistance of the FBI in conducting background :investigations of its' staff prior .to hiring. All decisions,, however,- concern-ing the,members of the Committee's staff and' their. work'w ere 'made by the Committee The Director of Central Intelligence requested that' the Committee require its staff to sign. secrecy. oaths'. comparable to''those. which the CIA requires of its own employees`; The Committee refused.However, each member of the staff.was obliged' liy the Commit-' tee to sign- an "Employe'e'Agreement ' Compartmentation" is`a system employed by the L Declassified and Approved For Release 2012/03/30: CIA-RDP03-01541 R000200420002-0 ances 1 The justification for compartmentation. is de-; scribed in the following. excerpts. .,from.-a letter to;the Chairman from CIA Director. Colby on July. 28 1975: "National Security Council?,Intellgence: Directive No. 1 -(17. Feb. 1972) instructs the Director of, Central. Intelligence to `. develop- and review security, sstand- ards and practices as they relate -to- t' protection of intelligence and;-of intelligence as . '.,and methods from unauthorized. disclosure.' Sine the National Se- curity Act did Snot' provide. for an .authority corre sponding with the.'DCI's responsibility in this area,. the Directive ' provi des that h:Members`of the U:S. Intelligence. Board' are' responsible.'.for The su per- visionl of the dissemination of securitylintelligence ma- terial. 'The Director of . Central Intelligence, acting with- the advice :of',the U.S. -Intelligence Board, has '.promulgated. a number of, directives, regulations, -and security. manuals _. related to the protection of- foreign intelligence and foreign intelligence sources and meth- ods." Letter to Chairman Pike, from Mr. Colby,, CIA, -July 28, 1975. 9Tlis report resulted from a subpoen a of documents in possession of, the: "Forty Committee," which, is 'a: .National Security, Council; subcommittee that 'approves. covert. action. On .November 14,. by a vote of ?1to .2,. the Com- ,mittee;.approved? ',..resolution citing Dr. Kissinger in contempt.-of. Congress for his. failure to comply- with the Forty. Committee subpoena.. The . report accom- panying the resolution (94-693) wash filed December 8. On December. 10,`, after, negotiations with White House ;officials,officials,. the, Chairman , informed the House that' substantial. com ,pliance had bee n` obtained,.` and the Committee's rep.'ortwas,:rec'oinmitted... The record of subpoenas. is worth reviewing. It 'began on `August 5, -1975,,. when an Assistant' Secretary of Defense,,wasasked to Iapplear;as a witness .and bring .with. him the document bye which the Na-. tional 1.Security 'Agency (NSA) 'was. set up. , It was .a simple and ? logical request;-.The Defense -Department . controls NSA; ? the ? Comittee was holding , hearings ,on intelligence ,,budgets; NSA, has :the biggest budget; -and te ;Committee wanted to see -the authority. by which; NSA .operates. fl The official did not bring the document., He did 'not have "clearance" to.10 For this elementary piece of information, the Select Committee was forced to resort to 'l the first, of its, many subpoenas. It is worth noting that 'the sub- poena -was. promptly honored, which Jraises the .ques- tion why the document : was =not deliv' red in the `first ? place. By, ate :August the Committee was preparing, for hearings to review what kind of intelligence?our',mon- ? ey buys. Four events were chosen for hearings: the 1973 MW-East- war, the.1974 Cyprus) coup, the 1974 Portuguese coup and- the 1968 Tet, offensive in: Viet- nam. During August and early September. there were repeated' requests for documents and interviews 13 In some cases we were ;given heavily "ysanitized" pieces of paper; Sanitized" was merely a euphemism for, blank sheets of paper with"a few ascattered words `=left ini>oftenillegible,"sometimes:misleading,-and usu- ally mconelusive.14-In'some:cases "notably"as to'the 1974 -coup-in Portugal,'therewas an absolute refusal to provide. anything, until' early October. ' As -a last' ditch effort, with hearings"approaching; the Committee'-turned'once again to its subpoena power. 'On September. 10 .1975; it subpoenaed materials from the three major intelligence agencies and the' National - Security:-Council 15 What `were ;the materials :that forced the -Committee to resort. to'the'forc'e o'f law?Were"they the names of agents?' No 'Were they descriptions- of secret intelli- ' gence techniques? 'No. They were,- simply, copies of intelligence publications' that 'had been circulated: in the exiecutive branch "during' the'weep' preceeding "the events -that .we were examining,16'documents-. circu- lated literally to hundreds, if notthousa-ds, of people. ?Were'they turned,?over by the date specified in'the subpo'na? Not 'completely. The three . intelligence agencies supplied :some of '.their publications.17 Dr. Kissinger, as'Assistant?to the President 'for' National' Security:Affairs', refused to 'turn over: a. single. piece of. paper from 'reports pro- vided to the National Security Council during the, weeks 1:in question 1s ..:;. By the. time. hearings on intelligence results began in mid-September only two. agencies head substantially. `complied with% our.. subpoenas . 19' More` than`-a month would pass before a good faith' effort -at compliance ~~t*va. ca r r ? I ^ ~l' `hft: 3 . ~Yt) i11'1' 1 M58, f( 'rthcoming- from the:National ST-curlty:Cound i.e 140n August `:5 '1975, ,the ;Committee received. testimony. from Dr Albert C ' Hall Assistant Secre-, Lary-ofDefense`(Intelligence) r ,? "Chairman PIKE)Well Dr. Hall, we' did make a formal request 'that you'=:bring `.this -piece 4of paper; -creating ;the National Security Agencyjwith you:and' ,you tell us .that you ? want :.us. to have everything we need but. you,,didn t? bring it.' Why? "Dr Hall. Wehave'to get' clearance. for releasing.' this ' material ' to' you,. sir. "Chairman PIKE:', Here `we,' are. representing the, "'.legislative,branch of Government, asked to appropri- ate,hundreds of'millions of dollars to a'certain agency., .,.and we 'are ` having difficulty: finding the statutory au- thority for-that agency -even to exist. 'Now, isn't, that ridiculous?' 13Letters 'were sent 'to CIA on .Aug'..18; -1975; 'Aug'-`I,9, -1975; Aug. 27, 1975; and, Sept. 5, 1975 State Department requests were,, sent on Aug.' 19;. 1975; Sept. 8, 1975;. and -again 'on Sept. 8, :1975. Re-. quests were forwarded to.the Defense Department on >Aug. 45, 1975 Aug. 19,,1975;,.Sept. 8 1975 ; ;again. on Sept ,'8, 1975; and Sept. 91`1975% The last two pages ?of one set of documents were typical deletions. :The first page was. apparently a :cable. It was blank; except for the following: across' 'the', top: ; 3tND/,DOLL-VNM/T-;0144-6SG TRANS-. -..House Select'Committee Chairman Otis Pike:'He'got the "dribble treatment"-one or two -documents a day. LATED DECRYPT _VNJAC/VN NR 1' Y 301300G, FM"IJB -TO CO ..INFO BBM STOP CNMB 30.119 5610M 4ol: 30JA68,/ 1012Z` 300" The, second ,page. of the cable " was even less info-r,, mative.' It was completely blank, except, for .a;,'Top Secret" Stamp. ' 15The ' subpoenas were directed to the National ,Security Agency, the,. Defense,'Intell iigence , Agency, the Director'ofCentral?Intelligence;'andtle National" Securi ty ,Council.; . ,' .16The-,subpoena ,to the :Defense .Intelligence A'gen-, cy on, the subject. of.the Mid-East,war illustrates the'. types of -documents: called for: , "l-For the period of September 25,.1973, through. October 6,;19,73, on' a daily basis, .or as frequently as? same were, issued,,the. original, documents as follows: -all '. Defense Intelligence. Agency, estimates., Current Defense: Intelligence `Summaries, situation' Reports, 'and any and 'all cables emanating 'from the'-Defense - -Attache Office In TO Aviv ,National Military ? lntelli- gence'Center daily briefings 17A staff summary, prepared on September 12, 1975. indicated the following non-compliance: "DIA .Items Not'Furnished-Cyprus and Mid East , War a DIA Intelligence Summaries for July, 14. b DIA'. Intelligence Bulletin for. July 13, July 114'. and ? Q 0 c DIA Daily'Current Intelligence Briefings', for July :13, July l'4; and July 20. d. ""DIA. Daily Intelligence Bull'etins for September ' ,29;.. September 3Q, October, 6 , 'e 'DIA Intelligence- Summary for.September 30.. `NSA,Items-Not Furnished Cyprus, ,a SIGSUM's for .July,13; July 14;.July 19,July 20. b Wrap up'messages' for July 13, July'14; July ? "15;? July 16; July.'.'17. if or. r.CS: ,' s 'la.;,:j O? .'.~V"'n is "t>~: /.+ or. NSC reads as folibws:E Warr.; a: Nothing wasp-furnished, unless NSC maintains ` HSC "via`?NSC, are. `reports provided NSC by b; Nothing furnished:" ' . 19These were 'the National Security- Agency and :This problem was soon' dwarfed by a new tactic 1 .1 the - cut-off. - . , ; .- . On September 12; 1975, the President,, or someone using his name, cutoff the Committee from all'classi- feed information. As? if that were not enough, his?.ac- tion was accompanied by a-demand that we.'immedi- ately turn over .all classified -'materials :-from our own 2 internal files21 '.The. reason?The Congress, -through-this'Commitfee, ''had passed judgment, 'after lengthy' deliberation of 'the merits, on whether ' fou'r, words "classified" by 'the Executive branch could be told' to the American peo- ple.22 The Executive, by its legally questionable. reaction,23 had now set aside any immediate, subpoena problems; and the public hearing problems 'as' well. . As background; a hearing, oilvSeptember11'1975, had reviewed intelligence performance,. with ? respect to the,Mid-East'war in 1973: The result was shocking: In the-words of a CIA document, 'the principle con- , elusions concerning: the imminence of hostilities reached and reiterated by' those: esponsible for in telligence`.'analysis were-quite?simply;obviously, and . starkly-wrong:1,124 . , That ,same document had.verbatiin quotes;frogi two intelligence -bulletins that weremoderately,;?favorable and "from five bulletins demonstrating that, intelligence estimates were embarrassingly,wrong. The twb'fayor- able quotes were declassified-:and?'read.. into 'the:rec- ord 25"-The 'five embarrassing' quotes, containing the same' type..of-information,; were ;not declassified ',by -CIA. :. :The,Committee objected 26 The ;CIA returned that afternoon 'to report % %that after'all=the five quotes could- be declassified 27"-How- ever; in an apparent need not to appear "arbifrary. in their earlier decision, they insisted-that sonic 13 words` still remain classified. The Committee debated those 13 words . for over' four': hours 'in 'a closed session. Thee CIA 'Special Counsel was present and in- telephone ,contact :with CIA.'Director Colby; the: head of the State Depart- ment's ? Intelligence and-Res earch was there',-* the head ' ?of ,the- Defense?'Intelligence -Agency was there ' and a high: official of,'.-,the National Security Agency 'was there. No' agency was .without-representation, and all had a chance .to,'speak. -Nine' words were mutually 'agreed.to remain classified', 28 but four,.-words W&ren6t. The four remaining words could: not reveal any secret "sources 'and methods," `which is. the basis of official classifications;29:because the information they contained could have come' from. `any number of -sources in addition; the- intelligence was so old by the- time it; was reported that it could not- reveal" how. rapidly our intelligence techniques - operated 30" The Comaliittee satisfied- itself 'on these'and?'other'points 'before` taking some half dozen rollcall votes on `the matter: { It is possible that never. before had ? so 'much' `ex pertise' and thought gone.?irifo "a declassificaton''de- cision."For- this; the -Committee was accused of being 'irresponsible.' . To protect=-national security, -the "President" invoked a cut=off "perhaps before 'the President-ever heard'of what.was going on. ' The Committee later learned that in a biography-0f Dr. Kissinger a year 'earlier,' the subject- to'which the four words referred' had been spelled out in great de- - tail: So' much for- the validity, o'of' the' classification argument.. No. "high State- Department official" had been cut off from information- or forced to turn over his, '-files as-,-a result 'of- that earlier publicati'o" . 'So much for protecting against irresponsibility.'` Police ;guarding Committee offices were, instructed.: ?to prevent any'takeover Of' files'kythe Executive, and ? nothing more was -heard of that. Nevertheless, the cut-off from informatiori'rstruck at' the heart of Committee operations. One month' out ' 'of'our five-month: investigative period-was lost-'while the issue was negotiated ''With little choice, ; the-Com- mittee` agreed that for pu'rposes` of getting. the investi gation"under'way?ag-ain, future disputes;wouldabe re ferred to the 'President 34' Thls''was`agreed to on the assurance?of'the President that the"Committee would' have:no further problem with access, f& information 35, It is perhaps significant that 'the day the.40,,b t ril"t ell Declassified and Approved For Release 2012/03/30: CIA-RDP03-01541 R000200420002-0 q Declassified and Approved For Release 2012/03/30: CIA-RDP03-01541 R000200420002-0 was cut off was also the day hearings were scheduled on the 1974 Cyprus coup. Hearings were to be focused on the State Department's handling of intelligence, and of Dr. Kissinger's role therein 36 Those hear- ings had to be cancelled. However, the Committee located a State Department witness who was to testi- fy about Cyprus, even in the absence of classified evi- dence from the Executive-his name was Thomas Boyatt. Thomas Boyatt was the State Department officer in charge of the Cyprus desk during the period in ques- tion. The Committee was interested in what kind of intelligence had been supplied to Boyatt regarding the 1974 coup against Archbishop Makarios and the con- sequent Turkish invasion. More important, the Committee wanted to examine how that intelligence, as well as Mr. Boyatt's analysis of it, was handled by the decisionmakers at State. Mr. Boyatt had, in fact, advised one of our staff members that he vigorously criticized the handling of intelli- gence at the time of the Cyprus crisis. This criticism was embodied in a written report which was sent through the State Department's "dissent channels."37 [Page 25 of the Draft Final Report not available- editor's note.] Footnotes: 21Rex E. Loe, Assistant Attorney General, Civil Division, delivered the order: ". . . [T]he President's responsibities for the na- tional security and foreign relations of the United States leave him no alternative but to request the immediate return of all classified materials heretofore provided by any department or agency of the execu- tive Branch and direct all departments to decline to provide the Select Committee with classified materi- als, including testimony and interviews which disclose such materials, until the Committee satisfactorily al- ters its position." 22When Mr. ex Lee appeared before the Commit- tee to announce the President's cut-off of information it became evident that the executive branch had not given the matter equally careful consideration. `Chairman PIKE. Mr. Lee, you say it revealed certain foreign communications activities of the United States. Is that your language? `Mr. Lee. That is what I am advised, Mr. Chairman. `Chairman PIKE. Did you look at the language of what the Committee released? "Mr. LEE. I did not. "Chairman PIKE. You are sitting here making a statement, saying that we have released language, re- lating to the communications activities of the U.S. Government, and you did not even look at the lan- guage we released." 231n his appearance before the Committee, the Assistant Attorney General asserted that the dispo- sition of security information is solely within the pre- rogative of the executive branch: "Chairman. PIKE. You say the legislative branch of Government had no right whatsoever to make any- thing public that the executive branch of Government does not want public. Is that your position? "Mr. LEE. That is our position as far as classified information is concerned. "Chairman PIKE. So what you say is that in this great democracy, one branch of Government, and one branch ... alone may decide what is secret, and one branch of Government . . . alone may decide what is not secret." In support of his position, Mr. Lee did not assert that the Congress or the Committee was bound, as a matter of law, by Executive Order 11652, which established the current classification system, nor did he offer any contrary interpretation of Section 6(a) of H. Res. 591, which explicitly authorized the Com- mittee to release such information as it deemed advis- able. 24This quotation is taken from the summary con- clusion of a post-mortem prepared by the intelligence community itself. The principle conclusions of the post-mortem began as follows: "1. There was an intelligence failure in the weeks preceding the outbreak of war in the Middle East on October 6. Those elements of the intelligence com- munity responsible for the production of finished in- telligence did not perceive the growing possibility of an Arab attack and thus did not warn of its im- minence. "The information provided by those parts of the community responsible for intelligence collection was sufficient to prompt such a warning." The Perform- ance of the Intelligence Community Before the Arab- Israeli War of October 1973: A Preliminary Post- Mortem Report, Director of Central Intelligence December 1973). 25The two verbatim quotes which were voluntarily declassified by the CIA were: "We continue to believe that an outbreak of major Arab-Israeli hostilities remains unlikely for the im- mediate future.although the risk of localized fighting has increased slightly.... 4 October 1973 (emphasis in original). "There are reports that Syria is preparing for an attack on Israel but conclusive evidence is lacking. In our view, the political climate in the Arab states argues against a major Syrian military move against Israel at this time. The possibility of a more limited Syrian strike-perhaps one designed to retaliate for the pounding the Syrian Air Force took from the Is- raelis on September 13-cannot, of course, be ex= cluded." INR Memorandum to the Secretary, 30 Sep- tember 1973 (emphasis in original). 26The first of five quotes, which was later released, is as follows: "Syria-Egypt-The movement of Syrian troops and Egyptian military readiness are considered to be coin- cidental and not designed to lead to major 'hostilities." DIA Intelligence Summary, 3 October 1973. The text was the subject of an extensive discussion among the Chairman and representatives of the CIA: "Chairman PIKE. Mr. Parmenter, before we go into questioning, would you tell me why you have omitted from your sanitized statement here the actual pre- dictions, as contained in the report from which you read, i. e., the DIA Intelligence Summary Statement of 3 October 1973? '1 want you to look at what the original report says and tell me why we should not, here in open session, hear what the DIA actually said on October 3, 1973. "Mr. PARMENTER. There are sources and meth- ods here that we will be happy to discuss in execu- tive session. "Chairman PIKE. Sources and methods in that statement? "Mr. PARMENTER. Yes, sir. "Chairman PIKE. I find that incredible. How does that differ from the one you read on the preceding page (INR Memorandum to the Secretary) as far as sources and methods are concerned? . . . All I am asking you is, could you tell us why the reading of this plain, blank conclusion by the DIA as to the like- lihood of the outbreak of war, would reveal a source or a method? Mr. ROGOVIN. I will assume that the reason for the deletion was the manner in which the informa- tion was secured- "Chairman PIKE. It doesn't say how the informa- tion is secured. This is a conclusion. "Chairman PIKE. Mr. Rogovin, I find, as I look at what has been deleted and what has been omitted and what has been retained and read, differs not as to sources and methods, not as to the necessity of protecting the sensitivity of stuff, but whether it is in fact rather self-serving...." Sept. 11, 1975. 27A11 five quotes are reprinted in the Mid-East War Post-Mortem in an appendix to this report. The first two quotes are typical: "Syria-Egypt-The movement of Syrian troops and Egyptian military readiness are considered to be co- incidental and not designed to lead to major hostili- ties." DIA Intelligence Summary, 3 October 1973. "Egypt-The exercise and alert activities in Egypt may be on a somewhat larger scale and more realistic than previous exercises, but they do not appear to be preparing for a military offensive against Israel. Cen- tral Intelligence Bulletin, 5 October 1973." Post- Mortem, DCI, 6 (December 1975). 28Of the nine words which the Committee agreed not to release, few of them would have revealed, directly, any sensitive intelligence sources or methods. Instead, in most cases, they constituted personal characterizations, the publication of which might have been embarrassing to the United States or to individual foreign officials. . 29"Sec. 7. In the interests of the security of the, foreign intelligence activities of the United States and in order further to implement the proviso of section 102(d) (3) of the National Security Act of 1947 (Public Law 253, Eightieth Congress, first session) that the Director of Central Intelligence shall be re- sponsible for protecting intelligence sources and meth- ods from unauthorized disclosure . . ." 50 U.S.C. ? 403 (1973). 301n the closed session, Mr. Rogovin, Special Coun- sel to the CIA, stated: ". . . [T]he experts feel very confident this is the bottom line that can be made public. These are references to real time reporting. ..." Comm. Execs. Sess., Sept. 11, 1975.... 31Mr. Lee referred to what he characterized as the traditional procedures by which the Congress has re- ceived and treated classified information, a characteri- zation which elicited the following colloquy: "Chairman PIKE. If it is your position that we may never disclose information, how can we carry out our responsibilities? "Mr. LEE. The same way, .` Chaitman, that for decades other committees in congress... . "Chairman PIKE. That is exactly what is wrong, Mr. Lee. For decades other' committees of Congress have not done their job, and you have loved it in the executive branch. You tell us that Congress has. been. advised of this. What does that mean? It means the executive branch comes up and whispers in one friendly Congressman's ear or another friendly Con- gressman's ear, and that is exactly what you want to continue, and that is exactly what I think has led us into the mess we are in." 34Text of letter from Mr. William Colby, Director of Central Intelligence, to the Chairman, dated Sep- tember 30, 1975: "With the approval of the President, I am forward- ing herewith the classified material, additional to the unclassified material forwarded with my letter of 29 September 1975, which is responsive to your subpoena of September 12, 1975. This is forwarded on loan with the understanding that there will be no public dis- closure.of this classified material (nor of testimony, depositions or interviews concerning it) without a reasonable opportunity for us to consult with respect to it. In the event of disagreement, the matter will be referred to the President. If. the President then certi- fies in writing that the disclosure of the material would be detrimental to the national security of the United States, the matter will not be disclosed by the Com- mittee, except that the Committe would reserve its right to submit the matter to judicial determination." 350n September 26, 1975, Mr. McClory described the President's position as follows: "We have assurance, in my opinion, of getting everything we need, and I would hope we would find we were getting everything we need." 36Mr.William Hyland, Director of Intelligence and Research, Department of State, was scheduled to be the key witness on September 11, 1975. It was unfor- tunate that the cut-off and later restrictions on testi- mony from Foreign Service officers, prevented the Committee from a full investigation of the Cyprus crisis. There is a closely held State Department report identifying the people who killed the American Am- bassador, Rodger Davies, during that crisis, and a public protest has perhaps not been raised because these same murderers are now officials in the Cyprus government. Questions related to that intelligence re- port should, and must, be cleared up. 37"The `Dissent Channel,' through which this mem- orandum was submitted, provides those officers, of the Department of State who disagree with established policy, or who have new policies to recommend, a means for communicating their views to the highest levels of the Department." Letter to Chairman Pike from Dr. Kissinger, Dept. of State, Oct. 14, 1975. 3. Silenced Witnesses In response, a new tactic was fashioned-the silenced witness. On September 22, 1975, Mr. Boyatt was ordered not to tell the Committee "information which would disclose options considered by or recommended to more senior officers in the Department."38 The order was added on to the existing ban on classified infor- mation. That was not the end. Anything Mr. Boyatt did say would have to be in the presence of State Department monitors, by order of the Secretary. It is worth pointing out that this prohibition ex- tended to more than Mr. Boyatt's options or advice. Any information that would disclose those options was also banned. An attempted interview by the staff, with monitors, demonstrated that this- covered almost everything the man ever did or said 40 The State Department's order was issued in spite of two United States laws which' protect and guarantee the right of a federal employee to provide informa- tion to Congress. One statute says that the right of a federal employee "to furnish information to either House of Congress, or to a Committee or Member thereof, may not be interfered with or denied."41 The second law, which directly bears on the Boyatt situation, was specifically designed to encourage candid testimony. of employees from federal agencies, including the Department of State.42 The authority invoked by the Secretary of State was neither "classification," nor "executive privilege," but a new doctrine that can best be characterized as "secretarial privilege."43 The Secretary of State was demanding special treatment. If this Committee could not have received testimony from CIA officers or FBI agents about ad- vice or options they presented to senior officials, it would have had no choice but to shut down44 Over- sight would be dead. I I Declassified and Approved For Release 2012/03/30: CIA-RDP03-01541 R000200420002-0 Declassified and Approved For Release 2012/03/30: CIA-RDP03-01541 R000200420002-0 Fortunately,-the~CIA the~FBI,-and the other intel- ligence agencies lla either not heard of "secretarial privilege," or did not believe it existed. On October 2, 1975, the Committee voted to issue a subpoena for Mr. Boyatt's Cyprus critique. Dr. Kissinger responded on October 14; 1975, refer- ring to the subpoena as a "request." It was denied, even though it was not a request, but a legal order to produce a document 46. Time and control are, as we noted at the outset, in- the hands of those who have possession of documents. Therefore, the Committee, more than one month after issuing its subpoena, accepted from Mr. Boyatt no testimony and no document, but something less. We were given Mr. Boyatt's memo after it had been mixed into a number of other paragraphs drafted else- where in the State Department-ostensibly to protect Mr. Boyatt. It ended up very much like the proverbial "riddle wrapped in a mystery inside an enigma."47 This time the euphemism was "an amalgam."48 Footnotes: 38This order was embodied in a September 22, 1975, memorandum from Lawrence S. Eagleburger, Deputy Undersecretary of State for Management, to William G. Hyland, the Department's Director of Intelligence and Research. This directive stated that "the following conditions will pertain. to sworn inter- views by the Pike Committee staff: "The Department of State insists that a State De- partment representative be present during the inter- views. Should the interviewees wish to be represented by their own legal counsel, the State Department representative will be in addition to that private legal counsel. "The interviewees are to decline, by order of the President, to discuss classified material. "The interviewees are to decline, by order of the Secretary of State, to give information which would disclose options considered by or recommended to more senior officers in the Department of State." When Mr. Eagleburger appeared before the Com- mittee on September 25, he stated that the orders contained in his memorandum of September 22 were issued at the verbal direction of the- Secretary of State. 40This was clearly indicated by the following ex- change among Mr. Field, on behalf of the Committee, Mr. Boyatt, and Mr. Hitchcock, the Department's monitor: "MR. FIELD. Mr. Boyatt, would you please de- scribe for us in detail what was done in the State Department not with respect to classified intelligence reports or information, but ... knowledge of any of these events, who was involved, and what they were doing? Would you please describe that for us in some detail? "MR. BOYATT. I would like to ask Mr. Hitch- cock's advice. "MR. HITCHCOCK. I regret but it appears to me that this comes to the problem of the description of the decision-making process which my instructions seem to indicate is proscribed. "MR. FIELD. In other words, it is your position that who was doing what in the State Department has something to do with decision-making? "Mr. HITCHCOCK. Yes. "MR. FIELD. We can't discuss this activity? We can't discuss where he went to, what he did, who he told, what that person told him in response? We can't discuss as I understand it, whether or not he is aware of any moves made by the Secretary of State towards Turkey, towards Cyprus, either-preceding or during this period." 41"The right of employees, individually or collec- tively to petition Congress or a Member of Congress, or to furnish information to either House of Congress, or to a committee or Member thereof, may not be in- terfered with or denied." 5 U.S.C. ? 7102 (1973). 42"Upon the request of a committee of either House of Congress, a joint committee of Congress, or a member of such committee, any officer or employee of the Department of State, the United States informa- tion Agency, the Agency for International Develop- ment, the United States Arms Control and Disarma- ment Agency, or any other department, agency, or independent establishment of the United States Gov- ernment primarily concerned with matters relating to foreign countries or multilateral organizations, may express his views and opinions, and make recom- mendations he considers appropriate, if the request of the committee or member of the committee relates to a subject which is within the jurisdiction of that committee." 2 U.S.C. ? 194a (1973). 43Chairman Pike, questioning Dr. Kissinger in an open hearing on Oct. 31, 1975, stated, "I feel that you are alleging a privilege which has heretofore been reserved only to Presidents." Dr. Kissinger responded, "I have deliberately not asked the President to exercise executive privilege, nor am I asserting a secretarial- privilege." 440ne example comes from reports on the Cyprus crisis: "On the basis of a single CIA report from Athens, the analysts,, notwithstanding their earlier concern, conveyed the impression to the policyrnakers that the world had been granted a reprieve." CIA Post Mortem on Cyprus, p. iii (January 1975). Not only were we told about the report, we were also told about its impact on policymakers. . 46The Committee Counsel, on Nov. 6, 1975, noted that, "MR. DONNER . . . A subpoena is not an in- vitation to negotiate. A subpoena is a command by a duly autho*ized body of government to deliver infor- mation." ' .. '11., W:t 47WinstotS. Churchill, radio br ddc r 480n November 4, the Commlttee, ' ' ? a' vote of 8 to 5, agreed to the following resolution: "Resolved by the Select Committee on Intelligence of the House of Representatives that an amalgama- tion of Department of State documents to include in its entirety the papers described as the Dissent Mem- orandum prepared by Thomas Boyatt while Director of Cypriot Affairs. in the Department, fulfills the're- Innuendo of McCarthyism: The late Wisconsin Senator at a hearing with helpmeet Roy Cohn. -the Committee for pursuing the plain truth. With that opinion;. the fiction of an amalgam became feasible. Some day the full story of Cyprus may be told, but not by this Committee. a. An Attack Averted If no "flank" attack was launched by the FBI to discredit the Committee, it may have been because one was averted by the Committee. On October 9, 1975, Mr. Martin Kaiser, a manu- facturer of wiretap equipment, testified before the Committee. He indicated that the FBI bought his equipment through a middleman, U.S. Recording, who added a 10 percent markup. There was no justi- fication for the markup, and it later developed that the president of U.S. Recording and a top FBI official were close friends. The Committee began an investigation of U.S. Re- cording and its FBI friends. The Justice Department and FBI later began their own probe of the same matter. On December 23, 1975, two and one-half months after Mr. Kaiser testified, he was, subjected to a six- hour interview by two FBI agents. The agents were allegedly carrying out an internal FBI investigation regarding the agency's contractual dealings with U.S. Recording Company. Mr. Kaiser called the Committee to relay his con- cern, and offered to give a statement under oath as to the conduct of the FBI agents. In a Committee deposition of December 30, 1975, Kaiser claimed that the FBI agents were more con- cerned with discrediting the Committee's inquiry and personnel than conducting their investigation of U.S. Recording: Ultimately, the agents had elicited from him a statement, written by an FBI agent, which in some insignificant details recanted portions of his testimony. Mr. Kaiser then repudiated that written statement, which he had signed while agents stood over him and thrust it in front of him. Taking the initiative, the Committee, on December 31, 1975, released a copy of the written statement, a full copy of Mr. Kaiser's December 30, 1975, depo- sition, and the text of a letter to the Attorney Gen- eral demanding a full explanation of the entire inci- dent.56 This was done to head off any FBI "leak" of the statement its agents had taken while Kaiser was under some duress. Footnotes: 49Mr. Eagleburger's statement, delivered to the Committee offices on September 24, 1975, read: "Mr. Chairman, this is far from a hypothetical issue. To cite but a single example, the Foreign Service and the Department of State were torn apart in the late 1940's and early 1950's over an issue that raised some of the same concerns that are before us today-the ability of Foreign Service Officers to give to the Secretary and their other superiors their can- did advice, secure in the knowledge that this advice will remain confidential. The events of those years not only injured individuals, but also did significant damage to the process by which foreign policy is made. Who can be certain how many recommenda- tions during the years that followed were colored by memories of those experiences?" 50"I must say again, as I said in the statement today, the issue for me right now is an issue of prin- ciple. It is the question of our duty to protect junior and middle-grade officers of the Department in the conduct of their duties within the Department . . . 51"While I know that the Select Committee has no intention of embarrassing or exploiting junior and middle-grade officers of the Department, there have been other times and other committees-and there may be again-where positions taken by Foreign Service Officers were exposed to ex post facto public examination and recrimination." Letter to Chairman Pike from Dr. Kissinger, Oct. 14, 1975. 52The plain facts are that Senator McCarthy de- stroyed the careers of State Department employees on the basis of their beliefs and politics. This Com- mittee never sought the political views of any federal employee. Senator McCarthy operated without evi- dence. This Committee sought only evidence. Senator McCarthy forced people to testify. Mr. Boyatt wanted to testify. McCarthyism grew out of a lack of char- acter and integrity, and from a climate of hysteria. Restrictive rules are no answer to such problems. 53"MR. HAYES. [O]ne of the things that has deeply offended me ... has been the implication, the very clear implication, that your position of protect- ing middle and lower level Foreign Service officers is a position of protecting them from McCarthyism... "SECRETARY KISSINGER. With respect to the charge of McCarthyism, I want to make clear that I do not accuse this committee of engaging in McCarthy- ism and I know indeed that the Chairman has a quirement of the subpoena issued by the Committee on the 2nd day of October, 1975. "Provided the amalgamation is accompanied by an affidavit signed by a person mutually acceptable to the Department of State and the Committee as represented by the Chairman and the ranking min- ority member, attesting that the aforementioned Boy- att memorandum is contained unabridged in the am- algamation: "The. adoption of this resolution shall in no way be considered as a precedent affecting the right of this Committee with respect to access to Executive Branch testimony or documents." 4. Flank Attack On September 24, 1975, two days after written instructions to Mr. Boyatt were issued, the Deputy Secretary of State raised for the first time an innuendo that the Committee's action resembled McCarthy- ism 49 The Committee's initial reaction was to dismiss any such inference as a temporary lapse into poor taste. Unfortunately, it was not a temporary lapse. The next day, on September 25, 1975, Deputy Secretary Eagleburger appeared before the Committee to explain the Boyatt order. His statement again re- ferred to State Department employees' problems with Congress in past times-a clear reference to the McCarthy period of the 1950's, as his subsequent testimony made clear 50 On October 14, 1957, Dr. Kissinger's written response to the subpoena of Boyatt's intelligence critique again raised a reference to McCarthyism 51 The implication was baseless, S2 as both Mr. Eagle- burger and Dr. Kissinger admitted under questioning.53 Facts seemed to make no difference. Within days of the innuendo being raised by Dr. Kissinger and his reply, newspaper columns and editorials were re- porting their charges of McCarthyism.54 To the extent that such media activity may have been inspired, directly or indirectly, by the State De- partment, it helped erode support. within and outside Declassified and Approved For Release 2012/03/30: CIA-RDP03-01541 R000200420002-0 Declassified and Approved For Release 2012/03/30: CIA-RDP03-01541 R000200420002-0 record in this regard, and from the convictions of many of the members that I am familiar with, I know that this is not the intention of this committee." "MR. HAYES . . . I don't think there has been one instance that you can cite or that Mr. Leigh can cite, where this Committee has ever taken it upon itself in the tradition of the McCarthys . . . to, in essence, run a purge operation. "MR. EAGLEBURGER. Mr. Hayes, there is no implication in my statement that this Committee is performing in the way I described the Department went through in the late '40's and early '50's. That is not, sir, my point." Sept. 25, 1975. 54The New York Times editorial of October 19, 1975, was entitled, "Neo-McCarthyism?" "In view of the facts, the Intelligence Committee's insistence that it has the right to reach into the interior of the State Department to subpoena the dissenting memoranda of junior and middle-rank of- ficials-and to summon them to testify on policy issues-is clearly contrary to the national interest...." The Washington Post editorial of October 6, 1975, entitled "Mr. Pike's Committee" had this to say: "The analogy with McCarthyism evoked by the State Department is a relevant one, even though it appears that in this case the committee of Congress wishing to question Mr. Boyatt apparently is inclined to praise him for his views, not persecute him-and to use his testimony to fault Secretary Kissinger. Certainly Mr. Kissinger should be faulted for his Cyprus policy...." 560ne of the most disturbing aspects of the inci- dent-quite aside from the propriety of interrogating a Committee witness about the Committee-was that the, interview was replete with FBI suggestions of pre- judice on the part of the Committee Counsel. Vigor was apparently seen as prejudice, and by two agents who had never met the Committee personnel they were denigrating. 5. Deletions In early November, about the same time the Boyatt problems were being resolved, the Committee moved on from the subjects of money and what our money buys. The third topic of our hearings was risks, and how well those risks are controlled. Seven new subpoenas were issued. Four were for materials pertaining to subjects of prior hearings. They were honored.57 The remaining three were di- rected to Dr. Kissinger, for materials pertaining to upcoming hearings. Not surprisingly, those subpoenas went unanswered.58 Once again, some background is helpful. Two of the three subpoenas were for covert action recommendations made by non-CIA officials, since the CIA had already opened up the covert ac- tion files to us. The third subpoena was for intelli- gence records on Soviet compliance with strategic arms limitation agreement (SALT). When considering risks, covert actions rank as per- haps the highest risk operations in the government, short of war. The law allows CIA "to perform such other functions and duties related to intelligence af- fecting the National Security as the National Security Council may from time to time direct."60 This is the legal authority for covert action. A subcommittee of the National Security Council, presently called the Party Committee, has been assigned the task of di- recting these actions. By tracing money, the Committee came across mil- lions of rounds of ammunition and weapons being purchased in the early 1970's. The purchases were destined for a questionable military venture in a far- off war that most Americans had probably never heard of, much less felt they had any national inter- est in. The CIA's military escapade was bad enough, but, on examining documents, the Committee discovered that the Forty Committee appeared not to have met or voted on the operation. In fact, internal documents showed that CIA and the State Department had turned the project down three times in the previous two years. It turned out that during a trip overseas, Presi- dent Nixon and Dr. Kissinger had met alone with the head of a foreign government [the Shah of Iran- editor's note]. At that man's request, the Administra- tion had involved CIA in an internal war in the head of state's neighboring country [the Kurdish rebellion in Iraq-editor's note]. John Connally, on the verge of heading Democrats for Nixon," was sent back to the foreign leader, apparently to bring him the good news of final approval. A month later, after training for the project had already begun, Forty Committee members were sent a memo by Dr. Kissinger informing them, for the first time, of President Nixon's decision. In a separate matter, this Committee was told by former CIA Director Richard Helms of a decision to undertake a covert action project in Chile. Mr. Helms had been called into the Oval office and told by Presi- dent Nixon, with Dr. Kissinger and Mr. John Mitchell present, that he was to undertake the project in spite of CIA reservations. He was also told "not to inform the other members of the Forty Committee."64 A pattern was emerging. Not all covert actions were generated by the CIA. In particular, paramilitary operations of the worst type seemed to come from outside the CIA. Some projects came from the President. Some projects came from his Assistant for National Security Affairs, and some had their beginning in the Department of State. Forty Committee records were subpoenaed to see if the pattern was valid 66 The subpoena was limited to the official document by which a covert action was approved. These records were often no more than one paragraph long. What arrived in response to our subpoenas showed nothing-because it was mostly deletions. The deletions came in all shapes and forms: Typ- ically, there would be one line left on a page, say- Secretary Kissinger: He was "alleging a privilege heretofore reserved only to presidents." ing, "A CIA project was telephonically approved," or, "The Committee voted to approve a CIA paper entitled [title deleted]." Ofen, if there had been numerous items considered at a meeting, the deletions themselves had been cut and pasted together. For ex- ample, item eight might follow item one, giving the impression that only two items had been considered that day.67 Sometimes there would be only one word left on a page-"Chile"-nothing else, anywhere; but it was still classified top secret. The information, needless to say, was worthless68 Wholesale deletions, were encountered in the Com- mittee's investigation of domestic covert activities as well. COINTELPRO, the FBI'S program for disruption of the "New Left," like nearly all FBI actions, was extremely well documented. The Committee requested the appropriate documents in July69 What it re- ceived were summaries so heavily excised as to be unusable. One memorandum, for example, referring only generically to the "New Left," contained the sub- heading, "Recommended Procedure," on one page, and "Results" on the next. The pages were otherwise blank. Another document with the same type generic reference, "Black Extremist Organization," was like- wise excised in its entirety. The Committee protested. Negotiations followed 70 Finally, in mid-October, an agreement was reached whereby less excised memos were made available to Committee staff, at FBI headquarters. The Committee persisted, selecting a representative number of mem- oranda to be delivered to its own offices. After some delay, they were delivered, still excised. Requests for the documents pertaining to FBI na- tional security wiretaps led to a similar experience. One set of documents was delivered, excised beyond use. Negotiations took place for almost a month. Finally, a second set of documents was provided, but, again, without identifying targets of electronic sur- veillance. Footnotes: The following subpoenas were honored: 1) To the Assistant to the President for National Security Affairs, for-all minutes of the National Se- curity Council Intelligence Committee, its Working Group and its Economic Intelligence Subcommittee; 2) To the Assistant to the President for National Security Affairs, for the minutes of all meetings of the Washington Special Action Group concerning the Mideast War, the Cyprus crisis, and the Portugal coup; 3) To the Assistant to the President for National Security Affairs, for all intelligence reports furnished to the National Security Council between October 5 and October 28, 1973, relating to the Mideast war; 4) To the Director of -Central Intelligence, for all written requests and memoranda of requests from the CIA to the Internal Revenue. Service since July 1, 1961, for tax information or official action by IRS. 58These subpoenas were not complied with: 1) To the Assistant to the President for National Security Affairs for all Forty Committee records of decisions taken since January 20, 1965, reflecting approval of covert action projects; 2 To the Assistant to the President for National Security Affairs for documents relating to the Soviet Union's adherence to the provisions of the.Strategic Arms Limitation Treaty of 1972 and the Vladivostok agreement of 1974; and 3) To the Secretary of State for all State Depart- ment documents recommending covert actions to the National Security Council since January 20, 1961. 60The National Security Act of 1947 states: "(d) Powers and Duties. "For the purpose of coordinating the intelligence activities of the several Government departments and agencies in the interest of national security, it shall be the duty of the Agency, under the direction of the National Security Council- ."5) to perform such other functions and duties related to intelligence affecting the national security as the National Security Council may from time to time direct." 50 U.S.S. 403(d) (1973). 64"MR. FIELD. In the case of the Chile operation, could you describe very briefly how that was directed? "MR. HELMS. Well, there was a part- "MR. FIELD. How you came to be told- "MR. HELMS. There was some activity undertaken at the President's direction in Chile by his saying to me that he wanted this effort made and that I was not to inform the other members of the Forty Com- mittee. "MR: FIELD. In other words, in the case of the Chilean operation, were you called to the Oval Office? "Mr. HELMS. I was in the Oval Office. "Mr. FIELD. You were called into the Oval Office and who was present? "MR. HELMS. The Attorney General and Dr. Kissinger." Exec. Sess., Oct. 23, 1975. 66"CHAIRMAN PIKE. The question then becomes -and Mr. Field stated this yesterday-are those op- erations which are generally within the CIA, and in the normal course of business, normally more respon- sible? Do they normally get our nation into less diffi- culties than those which somebody outside of the intelligence operation department tells them to do?" "CHAIRMAN PIKE. Well, here we are seeking to look at the genesis of all oversight and the degree of control and the degree of responsibility by which these operations get launched. "You and I, and Mr. Dellums, and Mr. Treen, as members of the Armed Services Committee, for years heard the magic word, "The Forty Committee." It has seemed to us as we get deeper and deeper into this that the Forty Committee really has not been all that relevant in the decision-making process in the oversight process. The Forty. Committee is always held forth as being that body which exercises judicial restraint, perhaps, in-authorizing these various oper- ations. It has seemed to me and I think most of the members of this committee that the activities of the Forty Committee have been relatively negligible in authorizing these operations. "We are trying to get the information to see whether anybody ever really argues about these things, to see whether anybody votes no on these things, to see whether the Forty Committee is a reality or a rubber stamp." 67"MR. FIELD. I think this is the best example of the kind of deletions. The items skip from Item 1 to Item 4. Items 2 and 3 are clearly cut and pasted out of the document. It then skips from 4 to 7. In other words, here is a document that could conceivably be two or three or four pages long. It gives you the feel- ing that you have gotten a reasonable amount of in- formation, but in fact all somebody has done is snip out little sections and paste them together and com- Declassified and Approved For Release 2012/03/30: CIA-RDP03-01541 R000200420002-0 Declassified and Approved For Release 2012/03/30: CIA-RDP03-01541 R000200420002-0 pact them and make it look like it is a complete docu- ment." 68"MR PIKE. I think that as any of us look at what they have given us, we will simply make a pretty easy judgment that what tliey have given us is so heavily censored and deleted as to be meaningless for our pur- poses." 691t was part of a general request on July 22, 1975, for all documents previously provided the Senate Se- 70The Senate, which received the same excised ma- terial, also objected, with more or less the same re- sults. All of this happened before July 22, 1975. Much time could have been saved had that information been volunteered to the House. 6. Privileges The second Kissinger subpoena brought even less than the first one. For the first time in the history of the Ford Ad- ministration, executive privilege was invoked. The subpoena which caused this historic assertion was directed to Dr. Kissinger as Secretary of State. It was intended for the purpose of examining the type of covert actions recommended by the State Department since 1965. The State Department reported that it had recom- mended only eight projects-this was later changed to 16, and still later to 20-but that none of the documents could be provided to the Committee. Although only a few of the recommendations were from a Secretary of State to a President, all docu- ments were being withheld because they were deemed privileged communications with Presidents. They in- cluded recommendations from lesser State officials to the staff of the National Security Council, with no apparent intention that the document be for the eyes or the use of the President. The communication did not take place in this President's administration. All privileges recognized by law are controlled specifically and personally by the person whose communication is being protected, and this President was not in that position as to all the documents 74 It must be noted, again, that no other intelligence agency or department withheld recommendations for covert action-or anything else -sent to the National Security Council. If they had, the Committee's work would have come to a halt. In any- event, nothing came forth from the State Department. At no time was there a legitimate question as to which documents the Committee was seeking, under either this subpoena or the subpoena for Forty Com- mittee documents. At no time was the physical amount of paper a problem, since only a few hundred sheets of paper were at issue. At all times, this Com- mittee, as well as the Congress, had a right-and, in fact, an obligation under law75-to review the in- formation at issue. With no other recourse, the Committee cited Dr. Kissinger for contempt on November 14, 1975.76 On November 20, 1975, the Committee approved a report to the House of Representatives, asking that the Committee's contempt citation be supported by the House itself and referred to the U.S. Attorney for prosecution. Contempt proceedings began to pro- duce results with respect to the Forty Committee records. Revised editions, with fewer deletions, were soon provided. Nothing came forth from the State Department. The Committee then entered its last two weeks of hearings, having endured more than three months of uninterrupted delays, cut-offs, silenced witnesses, amalgams, attacks, deletions, and privileges. Finally, the evening before the Committee was to take a contempt citation of Dr. Kissinger to the floor of the House for a vote, the Committee was given access to State Department recommendations for co- vert action.78 Footnotes: 74"MR. JOHNSON.... I don't think we ought to even acknowledge that this is a possibility that a President 'can control' everything that has happened in the government files and government documents; that the President has absolute control over this since the time of the inception of the Republic." 75"Sec. 2. The select committee is authorized and directed to conduct an inquiry into- "(5) the necessity, nature, and extent of overt and covert intelligence activities by United States intelli- gence instrumentalities in the United States and abroad;" H. Res. 591, 94th Cong., 1st Sess. (1975). 76"Resolved, That the Speaker of the House of Representatives certify the report of the Select Com- mittee on Intelligence of the House of Representatives as to the contumacious conduct of Henry A. Kissinger, as Secretary of State, in failing and refusing to pro- duce certain pertinent materials in compliance with a subpoena duces tecum of said Select Committee served upon Henry A. Kissinger, as Secretary of State; and as ordered by the Select Committee, to- gether with all the facts in connection therewith, under the seal of the House of Representatives to the United States Attorney for the District of Columbia, 4o the end that Henry A. Kissinger, as Secretary of State, may be proceeded against in the manner and form provided' by law." 78"MR. FIELD.... Mr. Hyland . . . had both the State Department recommendations and the Forty Committee minutes before him. He read verbatim from the Forty Committee minutes, and he used the State Department recommendations to verify the date, the country, and the type of program that was recom- mended by the State Department, and in response to our questions, he was very forthcoming." 7. More Delay 40 documents sent to the NSC from CIA that should have been included in the subpoenaed material. 83The lack of access to documents was the primary reason no administration witness was called to testify at the Committee's first SALT hearing. Without docu- ments to identify issues, we called a SALT critic, Admiral Elmo Zumwalt, to testify. Ironically, the same officials who withheld primary source materials from us criticized the Committee for not presenting administration witnesses. However, we had no evidence to question them about. After documents were sent to the Committee, a hearing was held to receive testimony from two senior administration officials with reference to cer- tain documents that appeared to show withholding of intelligence. The point is that until the Executive opened access to documents we could not select ap- propriate witnesses or be prepared with issues; nev- ertheless, that same Executive made it seem that res- ponsibility for not calling their witnesses rested with the Committee. 84For example, SALT intelligence was put on "hold"- which means it was not only classified, but not even generally distributed in the executive branch. Mr. Hyland testified as to one of these "hold" items: "MR FIELD. But the Russians were told it twice while it was on hold. "MR. HYLAND. That is the purpose of the system. If you decide not'to do it, that is one decision. "MR. FIELD. Who was it kept from? "MR. HYLAND. As far as I am concerned, officials who had an operational policy decision were in- formed. "MR. FIELD. That is not the question. Whom are we keeping it a secret from? "MR. HYLAND. We are keeping a hold item secret from people who might read the Central In- telligence Bulletin that is disseminated in several hun- dred copies. "MR. FIELD. We tell the Russians. "MR. HYLAND. Of course." The third so-called Kissinger subpoena was inten- ded for the review of strategic arms limitation agree- ment (SALT) intelligence handling, but brought in- stead a return to the delay. What is SALT, and why was the Committee so in- terested in the intelligence aspects of it? Briefly, SALT covers the strategic arms limitation agree- ments signed with the Russians in 1972, to limit the arms race. The agreements specifically limit such things as missile production, deployment, and testing by the United States and the Soviet Union. The ability of our intelligence services to detect whether the Rus- sians are violating this agreement is of vital strategic interest. More important, SALT intelligence must be able to move through channels, uninfluenced by bias or ulterior motives, to appropriate decisionmakers. The Committee had earlier received testimony that, during the Vietnam War, a desire to please highlevel officials may have caused some intelligence to reflect what the upper levels wanted to hear. Vietnam is history, but SALT is not. To check how intelligence was being handled at the highest levels, and whether it was'ever withheld from top Executive officials or Congress, the Com- mittee subpoenaed all reports on, Soviet compliance that had been sent to the National Security Council. At first, Committee staff went to the White House and was given a few SALT monitoring reports. These, it was said, were absolutely all that the Na- tional Security Council had in its files on the subject of SALT compliance. It did not seem possible. For one reason, the Verification Panel, which exists primarily to review SALT matters, is part of the Na- tional Security Council and has been quite active. For another, the Committee had already identified dozens of pertinent documents from the intelligence. community which had been sent to the National Se- curity Council.82 The skepticism proved accurate. After Committee proceedings to cite Dr. Kissinger for contempt of the SALT subpoena, on November 14, 1975, volumes of SALT intelligence materials began to come forth. A week had passed since the return date of the subpoena before the documents we needed were even identified, making preparations for hearings most dif- ficult 83 This was the last of the subpoenas, however. In reviewing the oversight experience, access to in- formation, even when it was backed up by subpoena, was not satisfactory. As an example, at the State De- partment we found that lower level officials had eventually been ordered not to testify before the Com- mittee; their documents were likewise refused to Con- gress. Upper level officials at State had become in- accessible because of executive privilege; and diplo- matic exchanges, an important element of intelligence, were similarly off limits to the Committee. To place the. importance of this in perspective, in- telligence has two primary consumers: military and diplomatic. Diplomacy is preferable to war; yet it is nearly impossible, today, to evaluate how well-intel- ligence serves diplomatic ends. If. it does not serve well, it is-hard to imagine how anything could be known or done about it by Congress. The passion for confidentiality and secrecy at State is curious, because in many cases the Russians and other adversaries were either directly informed of the name secrets the Committee sought, or the Rus- sians know of them by other means.84 It is hard to imagine a justification for allowing the unelected to keep elected officials in the dark, in a democracy. Footnotes: 82We had not received any documents from the Verification Panel or its subcommittee, the Restricted Working Group. In addition, we had identified some 8. Routine Problems When legal proceedings were not in the offing, the access experience was frequently one of foot-dragging, stonewalling, and careful deception. A few examples should suffice. The President went on television June 10, 1975, and reassured the nation that the uncompleted work of the Rockefeller Commission would be carried for- ward by the two intelligence committees of the Con- gress. The files of the Commission, President Ford an- nounced, would be turned over to both committees immediately.85 The Committee began requesting those files within the week. We requested and requested.86 We nego- tiated. Finally, by threatening to announce publicly that the President's word had not been kept, the files were turned over-in mid-October, some four months late. In another case, likewise involving basic research information, the Committee in early August, re- quested a complete set.of what has become known as the "Family Jewels." This 693-page document was the very foundation of the current investigations. It had come into existence as the result of an order by former CIA Director James Schlesinger, on May 9, 1973, in the wake of Watergate revelations. Dr. Schlesinger had ordered CIA employees to report any possible past wrongdoing, and those reports were compiled into the "Jewels" on May 2-1, 1973.87 By the end of August, the Committee had been pro- vided only a sanitized version of the document. Let- ters were sent and negotiations proceeded throughout September. On October 7, 1975, the staff was told that they would not be allowed to see the complete record of wrongdoing as assembled in May 1973.88 A second sanitized version was sent in mid-October, but it was hardly less sanitized than the first. As an interesting sidelight, the second version did have one page that was not in the first. It was a photocopy of a Jack Anderson newspaper article, nothing more. In the first version, that page had been blanked out, with the message, "This information deleted because it reveals sensitive operational techniques and meth- ods." The second version was not deleted, but it was classified. The Chairman demanded a complete copy of the report, and was told that one would be forthcoming. None was. As a result, he scheduled a press confer- ence for 12:00 noon on October 11, 1975. At 11:45 a.m. on October 11, 1975, the report was finally delivered,89 after the life of the Committee's investigation was more than half over. These two examples represent some of the most basic research materials available to the Committee. Their contents were crimes, abuses, and questionable Declassified and Approved For Release 2012/03/30: CIA-RDP03-01541 R000200420002-0 l L _ _1,-- 1ll1~1~ I Declassified and Approved For Release 2012/03/30: CIA-RDP03-01541 R000200420002-0 ------------------ - conduct, not sophistical d r , ti a e, i telli ence secrets. Other important information was withheld, such as a Committee request for certain records of the President's Foreign Intelligence Advisory Board. On August 25, 1975, a letter was sent asking for a copy of the Board's agendas since 1961. No written re- sponse to that letter has even been received. The Board interested the Committee from the stand- point of command and control. There have been nu- merous recommendations, for example, that a pending executive reorganization make this group the key command and control unit for foreign intelligence91 The Committee is still waiting for the Board's doc- uments to be delivered, despite the fact that the rank- ing minority member of the Committee took a per- sonal interest in the matter. A month of his efforts produced only a limited right to see certain informa- tion, not the documents themselves. Another important piece of information the Com- mittee requested was the names and relationships of newsmen who worked for both the CIA and the American news media at the same time. Congress- man Dellums asked for this in executive session on August 6, 1975.92 The information was re-requested by letter on October 14, 1975, and on October 21, 1975, and on October 31, 1975, and on September 2, 1975.93 The Committee is still waiting for answers about the newsmen. The only information it did receive was in response to inquiries about specific news- men, after we had determined from other sources that there was a CIA connection. In fact, in one case, the CIA denied the relationship until confronted with irrefutable proof. As a final example, there is a category of intelli- gence that is sent to the Secretary of State, who then controls its further dissemination. It is called "NODIS CHEROKEE ."94 The Committee specifically requested NODIS CHEROKEE information with reference to the Cy- prus crisis in 1974. It was told none existed. Two months later other officials revealed that the mate- rials do exist. When the Committee went back to State with this new information, it was simply told NODIS CHEROKEE was not going to be given to us96 By then, there was no time left to issue a subpoena. a. The Right Question Perhaps the most difficult problem in developing information about intelligence activities is knowing the right question to ask 97 As an illustration, Committee staff obtained the names of CIA proprietaries, after lengthy negotiations. Some time later, staff members noticed that certain names were not on the list. The explanation was that those were "fronts," and we had not asked for fronts. Nor was this sort of semantic contest confined to staff inquiries. In one . public hearing, Congress- man Stanton and the FBI's Raymond Wannall con- sumed more than five minutes drawing distinctions among "surreptitious entry," "burglary," and "illegal break-in." Another example grew out of a Committee investi- gation of a covert action project that had taken place some years ago. This particular project was the sub- ject. of unusual interest by the Committee, both be- cause-of the country involved and because it entailed tampering in the free election of an allied nation. The Committee's objections to the project were strong enough that it voted to recommend to the President that the project no longer be kept secret. Astonishingly, while the Committee was in the midst of objecting to this past project, CIA was ob- taining approval for re-instituting.the same type of project in the same country. The CIA never told the Committee about this renewal. When newspapers re- vealed the new project, Committee staff asked the CIA why it had not been told. The response was, "You didn't ask the right question." ' Time and again, a question had to be repeated and variously repeated. Only then would the sought- after facts emerge, even though the intent of the questions had been readily apparent. The operable ground rules were, as one official put it, "After all, we're not a Coke machine; you don't just put in a quarter and expect something to come out." Examples of the difficulty in asking the right ques- tion are a bit like trying to prove a negative; the full impact may not be possible to illustrate. It was, however, the most nagging factor in attempting to exhaust the items that deserved Congressional insight. The significance is that it reflects an attitute which cannot be expected to change; and, as long as that is the case, ready access to documentary evidence and primary source material is all the more imperative. Footnotes: 85"Because the investigation of the political assas- sination allegations is incomplete . . . I will make available to the Senate and House Select Committees these [Rockefeller Commission] materials together with other related materials in the executive branch. ... I should add, that the Senate and House Commit- tees are also in the process of making further investi- gations as they have been charged with the responsi- bility by the Congress; so there's not going to be any possibility of any cover-up because we're giving them the material that the Rockefeller Commission devel- oped in their hearings...." President's News Confer- ence, Washington, D.C., June 10, 1975. 86More than two dozen phone calls were made, by three separate members of the staff, over a three- month period. 87"MR. JOHNSON. On May 9th 'of '73, Mr. Schles- inger issued a directive calling on all CIA employees to report any and all abuses by the CIA. That is a matter of public records, there isn't any question about that, is there? "MR. COLBY. No, sir. "MR. JOHNSON. And is it also ' a fact that by May 21, just 11 days later, there were several hun- dred separate reports of abuses which had been re- ported to him? "MR. COLBY. There-were a number of abuses. I couldn't give you a quantitative statement. "MR. JOHNSON. That is the report that has been called by a variety of names, it has been called poten- tial flap activities, or jewels, or the family jewels; isn't that the report we are talking about? "MR. COLBY. Yes." 88"On 4 September I formally requested to see the original copy of the unsanitized `family jewels' from the Review Staff at CIA. I was put off. Then Seymour Bolten, Chief of Review Staff, countered with an of- fer to have someone sit with Mr. Pike and let him read a version. This was unacceptable, so they further 'compromised' and offered to let Jack Boos and A. Searle Field sit at CIA with the sanitized 'family jewels' and ask for each sanitization as it came up. This was also unacceptable and the access flap started. "Now, I have been told by Donald Gregg and Sey- mour Bolten that 'no one will see the original, unsani- tized family jewels.' " Memorandum to Mr. A. Searle Field, from Emily Sheketoff, Oct. 7, 1975. 89"Pike told reporters the documents had been turned over to him, for Committee use, 'a few minutes before noon. "'We have been trying to get documents with hard evidence and a particular document including the re- port generated by Mr. Schlesinger about alleged im- proprieties within the CIA,' [Pike] said. "Defense Secretary James R. Schlesinger served as CIA director for a few months in 1973 and held an in-house investigation of the agency before he left that post." "Pike Gets a New Report," The Washing- ton Star, p. A-10, Oct. 11, 1975. 91From time to time, the Board has examined the scope and effectiveness of covert action and the tech- nical means ol; gathering intelligence. Staff was in- formed of current discussions to enhance the responsi- bilities and resources of the Board. Another concern was the role and interrelationships of members of the Board with the business community. Many of these members are affiliated with major intelligence com- munity contractors. 92"MR. DELLUMS. Describe the existence and na- ture of the CIA secret propaganda operations in the U.S. I would appreciate detail. How`many U.S. jour- nalists overseas are in contact with the CIA? How many outlets for media operations does the CIA have in the U.S.?" 93This set of requests was for "a complete list of all people now in the news media who have ever had a relationship, contractual or otherwise, with the Agency." Letter to Donald Gregg, Assistant to the Director, CIA, from Emily Sheketoff, Oct. 21, 1975. 94"MR. HITCHCOCK. NODIS CHEROKEE is a particularly sensitive category of NODIS messages limited in use to relatively few embassies, covering intelligence materials of extraordinary sensitivity, handled virtually only by the Secretary, the President, if he is involved, and the Chief of Mission. And virtu- ally one-man dissemination in Washington and the field." 96"All of them (NODIS CHEROKEE) . . . contain diplomatic correspondence between the capitals and Washington. . . . Thus, these messages do not deal with the intelligence matters of concern to the com- mittee and do not relate to your request of 16 Octo- ber." Letter to Gregory Rushford from J. J. Hitch- cock, Department of State, Jan. 5, 1976. 97"MR. PIKE. It has been my experience and judg- ment that if you [Mr. Colby] are asked precisely the right,question,.you, will give,an honest answer. You do rioi-lead us info those areas which would help us knbwrrhat`tfl'e(r ght question was to ask. You do not make it easy for us to ask the right question. Anyone who thinks you have been running back and forth to Capitol Hill with briefcases bulging with secrets which you are eager to bestow upon us hasn't sat on my side of the desk." Congress and the Secrecy Dilemma Classified information presents a classic paradox: without it, government sometimes cannot function; with it, government sometimes cannot function. Spy agencies cannot publish details about- their operations. At the same time, Congress cannot fail to report to its constituents about abuses of their government. What it all means is that there must be a responsible system of classification, accompanied by an equally responsible and effective system of declassification. We have neither. It has been easy to create secrets, but this govern- ment has yet to construct an adequate way to handle the problems too many secrets create. We have no Official Secrets Act-which would make it a crime to publish secrets-because such a law would be un- constitutional.100 Therefore, the only real enforce- ment of classification is sanctioning those who depend on access to secrets,101 such as Congress. Congress can be, and has been, either cut off from classified information or convinced to receive secrets selec- tively. That is only the beginning of classification problems. The law says that there are to be only three cate- gories of classifications: top secret, secret, and con- fidential.102 In spite of this, intelligence agencies spawn all sorts of "higher" classification, such as "code word" or compartment" categories. Just as often, information is simply withheld from Congress under ad hoc arrangements. This Committee was frequently told that, whereas its mandate was legal authority to receive classified information, that was not enough. Footnotes: '?0Mr. Colby stated: "I do believe that the question of an Official Secrets Act has to be looked at in the context of our Constitution . . . I would not apply it to the press, for example, because I think that would run into real conflict with our Constitution." Chairman Pike summarized the witnesses' testi- mony as follows: "I gather that you are all agreed there should be no Official Secrets Act or the equiva- lent thereof, and that our Constitution simply doesn't allow it, for openers." '?'In the course of the investigation, one official reminded Committee staff of an anecdote involving President Kennedy and Chairman Khrushchev. Dur- ing one of their visits, President Kennedy apparently asked the Russian leader about a Soviet citizen who had been sentenced to 23 years for running naked through Red Square shouting, "The Party Leader is a moron." Chairman Khrushchev allegedly replied, "He got one year for indecent exposure, two years for insulting the Chairman, and twenty years for reveal- ing a state secret." 102The classification categories and criteria used by the executive branch are defined in Section 1 of Executive Order 11652, as follows: "SECTION 1. Security Classification Categories. Official information or material which requires pro- tection against unauthorized disclosure in the interest of the national defense of foreign relations of the United States (hereinafter collectively termed "na- tional security") shall be classified in one of three categories, namely "Top Secret," "Secret," or "Con- fidential," depending upon the degree of its signifi- cance to national security. No other categories shall be -used to identify official information or material as requiring protection in the interest of national security, except as otherwise expressly provided by statute." 1. Oaths and Agreements The first matter of business between the CIA and the Committee was a request by the Agency that all of the staff be required to sign six pages of CIA oaths. These elaborate oaths stipulated, in effect, accept- i i Declassified and Approved For Release 2012/03/30: CIA-RDP03-01541 R000200420002-0 Declassified and Approved For Release 2012/03/30: CIA-RDP03-01541 R000200420002-0 able conduct for Congressional employees.,with , re- spect to things CIA had determined were secret. Without oaths, secrets would not be forthcoming. The staff represents, of course, Committee members, but the members were not asked to sign oaths. Per- ' haps this was because members would not do any- thing untoward with secrets. More likely, it was be- cause they would protest loudly. The Committee reminded CIA that subjecting our employees to Executive oaths would violate the con- cept that Congress is an independent and co-equal branch of government. It is the Constitutional responsibility of Congress to control its own staff, and this is the course the Committee followed. It required every employee to sign a statement, drafted by the Committee, reflect- ing the needs and considerations of Congress, and en- forced by Congress107 This may seem like so much posturing; but it is important not to underestimate the significance of firmly establishing the premise that a target of an in- vestigation does not lay down ground rules.' As the Agency noted, this has not been the case in the past; and it may be one of the reasons this investigation had become necessarylos The,next move was to require the Committee to enter into agreements. The, proposed agreements outlined certain cate- gories of information so sensitive that the Committee was to agree in advance not to see them. When this was rejected, a modified version of those agreements set forth proposed rules and regulations the Com- mittee would abide by if certain classified information were to be made available.109 These agreements also included a proposal to "compartment" our staff 110 Compartmenting would mean dividing them up and restricting their access to each other's work. The,Committee refused to sign. It refused even to agree, as a matter of "understanding," that Execu- tive rules would be binding. Such proposed under- standings included allowing intelligence officials to review the notes of investigators before notes could be brought back to Committee offices. Other com- mittees have consistently been subjected to that ar- rangement.111 The FBI then came forward with a six-page agree- ment that they requested be signed before classified information could be handled by the Committee. The FBI proposal was even more restrictive than CIA's. Secret documents would be made available in special rooms at the FBI, with FBI monitors present. Notes would be reviewed by FBI agents. After notes had been appropriately sanitized, they would be sent to, our offices.112 Once again, the Committee refused to sign. It did agree orally to put all future requests for documents in writing. The repercussions of this oral agreement illustrate quite nicely the problem with agreements. A few days later the Committee received a letter from the Justice Department stating that requests for ma- terials that had been made a month earlier by Com- mittee members in public hearings had not been ful- filled, Even though FBI officials had publicly agreed to furnish the documents promptly, the requests had not been "in writing."113 , While the Committee was negotiating an end to the cut-off from classified information, another agreement for handling secrets was proposed by the Executive. The Committee was asked to agree that certain cate- gories of information be inaccessible.114 Other cate- gories would be available only to senior members, by means of selective briefings. Again, it was not agreed to. lOSAs the Chairman expressed it to Mr.' Rex Lee of the Justice Department: "It means the Executive Branch comes up' and whispers in one friendly Con- gressman's ear or another friendly Congressman's- ear, and that is exactly what you want to continue, and that is exactly what I think has led us into the mess we are in." 109"c. The compartmentation procedures of the In- telligence Community have been established pursuant to statute and National Security Council Intelligence Directives.-The simplest way for the staff to obtain access to this compartmented material would be to accept the normal secrecy arrangements as modified in the enclosed. This would ensure against difficulties in access to such compartmented material' throughout the Intelligence Community." Letter to Chairman Pike, from Mr. Colby, CIA, July 28, 197. 110The specific suggestion came in a letter to the Chairman: "The security principle of 'compartmen- tation' involving special access and information dis- semination controls is designed to ensure that only those individuals whose 'need to knows have been specifically approved by some higher authority, who have been specially indoctrinated, and who undertake special commitments to protect it are provided access to a particularly sensitive category of foreign intelli- Senator Henry Jackson: He was "extremely helpful" to the CIA in its "problems" with Senate investigators. screened `~n4ate'r hJs` bhl(y 'if such rotes are reviewed and cleared by- the Bureau under the provisions. of (6) (a) thru (c) above." Proced res, submitted by the Department of Justice, to the House Select Com- mittee on Intelligence, Aug. 19, 19"3. 113"You will recall that the C amittee agreed to put all requests for materials, d cuments, informa- tion, and briefings in writing.... "To date the Department has not received written requests which encompass all of the oral requests which were made by the different Committee mem- bers during the testimony of Me srs. Pommerening and Walsh before the Committee an August 7, 1975. Letter to Mr. Field, from Mr. Steven Blackhurst, Department of Justice, Aug. 21, 1 75. 114111. Identities of secret agent,,, sources and per- sons and organizations involved i operations which, if disclosed, would be subject to personal physical danger, or to extreme harassment, or to economic or other reprisals, as well as material provided confiden- tially by cooperating foreign in elligence services; diplomatic exchanges or other material the disclosure of which would be embarrassing to foreign govern- ments and damaging to the forei n relations of the jJnited States; and "2. Specific details of sensitive i telligence methods and techniques of collection... . "Verification procedures will continue to be avail- able in case of Committee questi s concerning mat- ters deleted by the Executive agency. "Other matters, the complete confidentiality of which the President personally certifies is essential to the effective discharge of Presi ential powers, may be `withheld." Draft Agreement, submitted to the Committee, Sept. 28, 1975. 2. Selective B iefings Soon after the opening heari: gs, staff began in- vestigating a high-risk, secret program. A request was made to interview the official in -charge of the pro- gram. The interview was grant d, but the official refused to talk about the program He sat with a thick book of documents, but he refus d to let any docu- ments be reviewed. They were t o secret, Intelligence officials made a proposal the Com- mittee would hear again and a afn. The Chairman' and perhaps the ranking minorit Member could be briefed on the program.1 17 In ligh of the fact that the Committee had been told that c earances would not be used to block the staff's work it protested. When the Chairman refused to be brief d alone, intelligence officials relented and allowed sty f. to have access to the information, so long as the Chairman was briefed first. A second example illustrates the problem with selective briefings. The Committee inquired into a- project that included foreign military assistance via the CIA. It was "too sensitive" to discuss with staff. Once again, intelligence official asked to brief the Chairman and senior Members. The full Committee and staff ere briefed, and the consensus was that the project ad turned out to be one of the more outrageous ventures by CIA. Some months later, this same project was the subject of a Committee action to ask the P esident that the full story be made public. A recent CIA operation in Afr a followed the same awkward course of senior Me ber and senior staff briefings first, then full and pros pt disclosure to the Committee. This Committee consistently maintained this policy that everything told to senior members was promptly told to the full ommittee119 If Con- gress wanted a one- or two-ma Committee, it had every opportunity to set one u It has not done so to date. Preventing this from ha pening de facto was, and is, a serious challenge.119a gence sources and methods. Corn partme tation assists in.. the application of the 'need-to-know', principle by ensuring that individuals are provided access to only that information clearly essential to the performance of their duties.... "For your information, in addition to the Senate Select Committee's use of the modified secrecy oath dealing with compartmented access, the following House and Senate committees have obtained com- partmented access for their staffs, which was granted after the normal briefings and signing of the secrecy oath: "Armed Services Committee "Appropriations Committee "Aeronautical and Space Sciences Committee"- Letter to Chairman Pike, from Mr. Colby, CIA, July 28, 1975. 1i'The CIA has also informed this Committee that all other Congressional committees leave their per- sonal notes at Agency headquarters. 112" (3) The Department will furnislj access at the Hoover Building in Room 4171 to those materials re- quested: "(a) only to the members of the Committee, where it' is determined by the Attorney General that the materials involve peculiarly sensitive foreign intelli- gence sources of peculiarly sensitive ongoing foreign intelligence operations. - "(c) An exception to (a) and (b) above is, made for the identities of so-called "live" informants or potential informants as defined in the FBI Manual of Instructions as to which no access will be fur- nished unless the identity of the individual as an in- formant or potential informant has already been made known to the Committee... "(a) Before the copies of . . . materials are taken to the Committee's offices, the Bureau shall, within 24 hours of the selection, make appropriate excisions and paraphrases of information which might, if inadver- tently disclosed, endanger sensitive FBI sources or sensitive ongoing operations. "The ? Committee' staff may, remove "notes' on' dn- Footnotes: 107The following excerpts are from the agreement signed and honored by the members of the Commit- tee's staff: "EMPLOYEE 'AGREEMENT "1. I have read House resolution 591, 94th Con- gress, establishing the House Select Committee on In- telligence, and the Committee's Rules and Security Regulations. "2. I understand that as a condition of employ- ment with the Committee I am required to, and here- by agree to, abide by House Resolution 591, 94th Congress, and by the Committee's Rules and Security Regulations. "4. 1 further agree that I will not divulge to any unauthorized person in any way, form, shape or manner the contents of classified information received or obtained pursuant to House Resolution 591, 94th Congress. I .understand that it is my responsibility to ascertain whether information so received or obtained is classified. I further understand and agree that the obligations hereby placed on me by this paragraph continue after my employment with the Committee tia-s terminated." Footnotes: 117This request was a consta t problem, as illus- trated by the Chairman's rema ks with reference to subpoenaed Forty Committee m terials-. "Chairman PIKE. It has been indicated to me that I would be permitted to go do n and look at these documents. That is not satisfa ory to me. We sub- poenaed these documents for tl e Committee. One of the difficulties which my pred cessor had was that he was in possession of infor: ation which the rest of the Committee did not hav . This Chairman has made it clear from the outset tI at when we subpoena documents for the Committe and when there is information which the Commit ce feels it is essential that the Committee have, I an not going to look at the information and deprive tl rest of the Commit- tee of it." 119"Chairman PIKE. I have t o problems with that tierification situation. Declassified and Approved For Release 2012/03/30: CIA-RDP03-01541 R000200420002-0 Declassified and Approved For Release 2012/03/30: CIA-RDP03-01541 R000200420002-0 "We have had this situation time and time again in the House of Representatives where the members of a committee, and the members of the House are asked to trust the discretion of the Chairman, or of the Chairman and the ranking Member. "I have a great deal of problem with the concept that I should be privy to information which is with- held from the rest of the Committee. That is No. 1." 119alntelligence agencies are constantly maneuvering to keep information from Congress: "MEMORANDUM FOR THE RECORD 23. February 1973 FROM: [deleted], CHIEF, WESTERN HEMIS- PHERE DIVISION RE: MEETING WITH SENATOR JACKSON TO DISCUSS HOW CIA SHOULD HANDLE INQUIRIES FROM SENATOR CHURCH'S SUBCOMMITTEE ON MUL- TINATIONAL CORPORATIONS, IN RE- GARD TO CIA 'INVOLVEMENT WITH ITT IN CHILE IN 1970. "TOPICS DISCUSSED. Senator Jackson's advice to us was as follows: "1. Senator Jackson felt strongly that the first order of business for CIA in terms of handling the basic issues that were involved in the Senate, Foreign Relations Subcommittee on Multinational Corpora- tions asking the Agency about its activities in Chile in 1970, was to discuss the problem with the White House. (Jackson) was quite explicit that this con- versation should be carried out by Schlesinger and that he should talk with no one other than President Nixon and Mr. Halderman (sic). The Senator stressed repeatedly that the Church Subcommittee on Multi- national Corporations had focused on ITT only in the sense that this was the top of the iceberg. . . "2. Senator Jackson felt that the ultimate solution to the problem facing the Agency . , . could be found in getting Senator McClellan, acting on behalf of Senator Stennis, to call a session of the CIA Over- sight Committee. This Committee would then look into the nature and scope of CIA's activities in Chile in 1970. Once that was accomplished, the Oversight Committee would handle the Foreign Relations Com= mittee. Senator Jackson repeatedly made the comment that in his view the CIA Oversight Committee had the responsibility of protecting the . Agency in the type of situation that was inherent in the Church Subcommittee. As a result of this conviction, Senator Jackson would work with the Agency to see that we got this protection . . "4. Once the Oversight Committee had heard the details provided on the CIA's involvement, `the Agency could send a brief statement to the Church Subcommittee staff members in response to the ques- tions which they had previously posed to CIA. Senator Jackson agreed that the following statement would be perfectly adequate for this purpose: "'The testimony of Mr. Helms on 5 and 7 Febru- ary before the Senate Foreign Relations Committee clearly established that CIA neither gave to nor re- ceived from ITT funds for use in Chile in 1970 for support of political parties. In addition, Mr. Helms' testimony brought out the fact that there were no joint action programs established in the context of the 1970 political developments in Chile, CIA regards Mr. Helms' testimony on this topic to be accurate thus, no further elaboration is planned.'. "9. Comment. Senator Jackson was extremely help- ful throughout 23 February on the issue of the Agency's problems with the Church Subcommittee. Senator Jackson is convinced that it is essential that the procedure not be established whereby CIA can be called upon to testify before a wide range of Congressional committees," 3. Special Restrictions Committee Members are not the only object of se- crecy arrangements proposed by intelligence officials. Other Members of Congress apparently cannot be trusted with secret information about the government they govern.-- Time and again, staff was told that it would be difficult to turn over documents because of Rule 11. Rule 11 is a House rule that allows members of the House of Representatives to have access to all "com- mittee hearings, records, data, charts, and files ..."120 'The Committee was asked to sign letters affirming that it would not turn over any documents to another Member of the House. The Committee was eventu- ally asked to pass a Resolution to, that effect. Some- times this acted to delay the forwarding of documents. The primary result was that most materials the Com- mittee received in the closing months of its investi- gations were "on loan."121 The concept of loaning materials to the Committee had other advantages for the intelligence community. The first advantage is the right to possession and control of final disposition of our files, Without a loan arrangement, staff was told that certain papers could not be provided. The other advantage in, loaning documents per- tained to a possible court contest over release of clas- sified information. If release of a document were going to be legally, disputed, the Executive clearly wanted to be in the position, of having legal possession of that document. Unfortunately, release or publica- tion of Committee information raised far more imme- diate, and practical, problems. Footnotes: 120Specifically, House Rule XI (2) (e) (2) provides that: "All committee hearings, records, data, charts, and files shall be kept separate and distinct from the con- gressional office.'records of the Member serving as chairman of the committee; and such records shall be* the property of the House and all Members of the House shall have access thereto." I2tThe standard caveat, which accompanied all ma- terials turned over to the Committee, was adopted from a letter of Sept. 30, 1975:. "This is'forwarded on loan with the understanding that there will be no public disclosure of this classi- fied material (nor of testimony, depositions or inter- views concerning it) without a reasonable oppor- tunity for us to consult with respect to it." Letter to Chairman Pike, from Mr. Colby, CIA. 4. The Release Qf Information One of the most troubling problems the Committee faced was what information to release and what proc- ess to follow in making its decision. A corollary problem was what to do about unauthorized release of information. Existing standards for. classifications are vague, arbitrary, and overused. Almost anything can be a "source" or "method" of intelligence-which are the primary . criteria for foreign intelligence classifica- tions. As a result, the sources or methods by-line is used to classify items that have practically no bearing at all on intelligence, but was extremely embarrass- ing.123 Overuse of classifications is inevitable when, by the Executive's most recent estimate, some 15,466 persons can classify information.124 The difficulty is that no one in Congress can de- classify. The Executive Branch claims exclusive and sole jurisdiction. This gives an administration the power to use the classification system in a manner that can result in manipulation of news by declassify- ing information that can be used to justify policy, while maintaining classification of information that may lead to contrary conclusions. Another aspect to be recognized is that classification can hide conduct from the American people that is well-known to the foreign country involved. Castro knew of the assas- sination attempts, the Cambodians knew they were being bombed, but the American people, whose gov- ernment was engaging in these practices, were not aware of the activities because of the classification system. The dilemma arises when a Congressman or Com- mittee receives information which one or the other decides should be brought before the people they represent. This Committee faced that problem and did not reach a satisfactor solution. The procedure followed by the Committee was that when it decided to consider making public cer- tain information taken directly from classified docu- ments or testimony, it would give appropriate execu- tive branch officials 48 hours' notice. It would then allow those officials to appear before the Committee, in closed session, and present arguments against re- lease of-all or part of the information. If no agree- ment could be reached, the materials at issue would be forwarded to the President. They would be re- leased unless the President asserted, personally and in writing, that release would be "detrimental to the national security."126 The Committee used this process with three sep- arate pieces of information. All three were covert CIA projects. Their release was proposed in sep- arate motions placed before the Committee by Con- gressman Johnson. The initial Johnson motions were introduced in November 1975, and voted down by the Committee, with five Members not present. Some weeks later, the motions were made again,' with all but one Member present, and approved by the majority. 128 This began the release of information 'process.. The next step was' to draft a shorf statement out- lining the, signiflcan aspeCtS Of nch ntlt Opera, tion.129 The statemem is were forwarded to the Special Counsel to the Dire tor of Central Intelligence, with an accompanying le ter notifying him of an oppor- tunity to present the Intelligence Community's views in'a hearing three ays later. The, Director of entral Intelligence, Mr. Colby, appeared, accompal led by appropriate officials, to present any specific objections he' might have. His response was specifi ; but sweeping. He objected to everything, no matt r how it was worded; nd no matter how imposs ble it would be to identify a country, a source, o an operational method.131 I "I Mr. Colby's respo se seemed to end any good faith effort to work out utually acceptable release of in- formation, but the Committee made one more effort. The three statemen were rewritten, making them even more general an before. Names of countries were taken out; only gross dollar totals were used; and innumerable ge eric descriptions were inserted. In one case, far less remained than had appeared in newspaper articles a ributed to high executive branch officials. In a hearing the next day, Mr. Colby still objected to the release of any hing.132 This meant that all the materials had to ~e for- warded to the Pres' ent for a decision on 'vhether release would be de imental to the national security. The President, of course, turned to CIA forkuance. More than three weeks later, the Chairman was informed in writing by the President that t r& Com- mittee could not ii plement its decision t release the two statements. Incredibly, the resident's letter was classified "secret." The secret stamp was unnecessary, because there were no facts at all about the covert- projects in his letter. The ty es of projects at issue'were not even mentioned. Th letter was simply a rhetorical pronouncement of h,* important confidentlity is, and how telling the merican people what their gov- ernrkent is doing i these matters would harm our best interests. It should be note that one of the items that al- legedly would harp this nation's security if made public had alread been made public-by Dr. Kissinger.134 Footnotes: 123A typical example was the CIA refusal, at first, to declassify art of the 1973 Mid-East War Post-Mortem. That osition produced the following exchange with the IA Special Counsel: "Chairman PIKE. Mr. Rogovin, I find, as I look gat what has been dele ed and what has beet) omitted and what has been retained and read, differs 1i.t as to sources or methods, of as to the necessity of'pr'teit- ing the sensitivity o stuff, but whether it is in fact rather self-serving, o whether. it is in fact rather daii- aging," 124This estimate was provided to the Committee LX the Interagency Classification Review Committee, which was established by President Nixon in Execu- tive Order 11652, w ich also established the security classification system now in force.... 126In the event of disagreement, the matter will be referred to the prey ent. If the President then certi- fies in writing that the disclosure of the material would be detrimental to the national security of the United States, the m tter will not be disclosed by the Committee, except t at the Committee would reserve its right to submit he matter to judicial determina- tion." Letter to Chai man Pike, from Mr. Colby, CIS, Sept. 30, 1975. 128The votes were 10-2, 10-2, and 10-2. 129The shortest st tement was two pages; the long- est was 14 pages. 131Mr. COLBY. , Chairman, we have several dif- ficulties with this r port. We looked through' it. We tried to identify what things might be released and what things might n t. There are a few odd sentences that might be releas d." 132"Mr. NELSO . . . I consulted with the Di- rector. It is his position that he would obje4,t to the declassification of ither of these papers s' I de- scribed them to bin over the phone." 134"Tokyo U.S. as istance prevented a to C over by Soviet-backed elem nts in Angola in July' ' senior official aboard U.S Secretary of State Henry A. Kissinger's plane sa d en route to Tokyo yesterday." Washington Post. A-17, Dec. 8, 1975. This was the first administration acknowledgement of U.S. involvement in Angola. "Secretary of Stat Henry A. Kissinger's admission that the United Stat s is frying to be helpful to some neighbors of strife- orn . Angola is a surprise only because Kissinger has openly acknowledged it." Jeremiah O'Leary, "U.S. Admits Indirect Aid to Angola," Washingto Star, A-4, Dec. 10, 1975. [] Declassified and Approved For Release 2012/03/30: CIA-RDP03-01541 R000200420002-0 Declassified and Approved For Release 2012/03/30: CIA-RDP03-01541 R000200420002-0 Announcing IgeSne~i$ j4ewY0rkJLpp1, rai ce Feb. 19-21 The Bottom Line t5 W. 4th St., N.Y.C. If The Shoe Fits." Catch 'em live and hear the songs from their new album nd be sure to enter T he.Plur Prairie League Boot Contest too. ere's.no purchase necessary and you might win a pair of ony Lama Western Boots free! 3ffer good through Pets, 28th >at all: 'am,Gaody locations except. ennsauken. N J , Philadelphia, Pa , anti Raleigh, NY c P T Declassified and Approved For Release 2012/03/30: CIA-RDP03-01541 R000200420002-0 Declassified and Approved For Release 2012/03/30 : ClA-RDP03-01541 R000200420002-0 UNFURN APTS MANHATTAN (300) 9th St,321 East,2 bedrm apt,verv large rooms. Loftbeds,spot less bldg Good Block, $275 & sec. Tony 777-3274 9th St E 623-3 Rms $90/Mo.No Fee 11 St E 642-2 Rms $75/Mo. No Fee See Supt at 628 E 9 St or Call 674-8913 or 516-678-1634 9th Ave40s NO FEE 3 ROOMS $125 Well maint walk ups.Ownr-mgt221-5710 10th St-W(130) Apt to rent Murray Space shoes to see Wed, Sat 12-5. Call 242-7754. 10 ST-374 E-No Fee Large beautiful apts. 3 Rooms $65 4 Rooms $90. Near shopping. Supt Apt 14 or CA 8-1201 10 ST.,216 EAST(off 2nd Ave) 4 ROOM APTS $195 QUIET,LOCKED BUILDING 10TH ST-323 East.2 cluplexes,both w/private garden.3 ft.livrm;$290 &$305.Big airy fir-thru;5 rm over- looking Thompkins Sq."$275.NO FEE Call Bill 675-1384 10 ST., 35 EAST EXCITING DUPLEX $500 Spiral staircase,terr.,huge windws LARGE I BEDRM $400 Lrg terr.,dishwshr,hi ceils-No Fee RODAL REALTY 755-3555 10 ST & TOMPK I ISIS SQ-Sunny 6 rm 2nd fl r facing park. 1125 sq ft fir-thru.Fplc,A/C,intercom. Owner occup brnstn.$420. 533-9346 11 St,67 E.-Large studio w/sep kitchen in newly renov cast iron landmark.Sublet Apr.1 to Sept 30 at $296 or new lease $302. 473-8674 or supt 11 STREET,610 EAST Livingrm,Kitchen,tile bath $10O.No Fee. Office 608 E.11 St 11th St W(off Greenwich) Ideal share 5rm fl thru,xint cond,2dfir,waikup $335, Univ PI-Prewar Doorman bidg,studio w/eat in kitch & foyer $285 12th St,145 W(6/7Av)Tree lin blk Well mnt eIv b1d;3 r/eatin kit $312.50' Chariton St-Elev bidg,Bright large 1 Bedroom 17 St,200 E(3d Av)mod elev bldg. STUDIO,seprt kitchen $245 ALSO Very lite cnr 1 Bedroom $365 23 St,312 W-Mod elev bIdg.Mod STUDIO kitchen, tile bath $185 All Fee. Supt premises or call BUCHBINDER & WARREN 243-6766 11 ST,227 EAST(nr 3rd AVe) CHARMING 11/2 RM STUDIO Newly renov. bldg. Sep kitch & eating area-full tile bath- wdfplc-$225, NO FEE. CALL 254-1808 or see supt. on premises 11 St. E. IN r 1 st Ave) 21/2 rm a pt Free gas, FpIc, quiet block $150. 260-3084 After 12pm 11th St. West-21/2 rms wbfpIc, hi cells, porch, sep kitch, brick wall, $200. Call 691-8242 after 6PM 12 ST.,527 EAST (Off Ave A) 4 ROOM APTS $125 TWO MONTHS FREE RENT 12th St.E. Garden apt verylarge one bdrm,lovely yard. Nice building Very reasonable rent. Call 473-1779 12 St E,Nr 3rd Av-Freghly painted 11/2 rms,well kept brnstn, full kitch equip,mod bth $195 G.G. REALTY 41 W.96 ST 866-7700 12 St(321 East)-3 Rms-ALL BRAND NEW! Well-Kept Bldg w/Good Tenants!Con- ven.To Trans & Shopping!Outstanding Buy at $185.Bkr.255-5089/279-7660 13th St E-226, Bet 2 & 3 Aves Beaut 3 & 4 rm apts.Large,lite,clean secure $165 month. For working couple or students.See Supt on premises 13TH ST. 15 EAST,STUDIO Second Floor. (Top Floor) Suitable artist, sculpture, designer, etc. Private Entrance, sky-light. MORRIS GOLDMAN R.E. CORP. WA 5-3939 13TH ST-212 East.Elev bldg spacious I bdrm apt. No fee. See Super or call 254-7146. 13 ST, 243 EAST 4 RMS, $155; 5 RMS, $185 NO FEE! Good security system Apply Supt or call 524-1236 13th ST. 440 E. bet 1st & A 3 rms sep BR, complete mod kitch & bath, Renov building $140. NO FEE. Supt on premises 14St.,313 EAST-NO FEE STUDIOS & 1BRs $200-250 Newly rnvtd Brownstone. Garden duplex Some w/terraces.Hi ceils.Grt for loft Agent on prem 12-4pm Sat,Sun.12-5pm daily.LPI RENTALS 7"-6005 14 St, 234 E-Mod Lux elv-NO FEE Brite Studio $188. Bay windows hi ceils,nr trans/shop. Supt 260-1380 14 St. E. Nr 1st Av. Very lov Ig stu- diommod kit,tile bth,brk walls,locked, intercom,good value $175. NO FEE 377-2046/7"-9142 UNFURN APTS MANHATTAN (300) 14TH ST EAST,205 2 Bedrms,$235. Renovated bldg. A/C,NO FEE.See Howard 677-6033 14 St 234 E-NO FEE,Mod brite 1BR,WBF $269.Brk walls;hi cells nr trans/shops.Supt or 260-1380 14 ST. 24 Hr Lux Orman Bldg PARKER GRAMERCY 7 WEST 14TH ST NO FEE - MAGNIF STUDIO,sep kitch $290: 1 BEDROOM APARTMENT $335 HUGE 1 BEDROOM APT $375 FULL 2 BEDRMS,2 BATHS $475 CENTRAL A/C & GAS INCLUDED PARMAN CO, 929-3613 or 741-4700 14 St(338 W.)-A Garden In The City I Lvrm w/W/BFplc!Brick Wall!Bedrm, Kitch AND Lg Spacious Grdn! Quiet,Well-Kept Bldg With Old NY Charm!Good Trans & Shopping.$295. Broker 255-5089/279-7660 14 ST.W(204) Lge Studios$220 TV security.A/C,elev,free gas 675-8368 or 243-9195 15TH ST NEAR 7TH AVE Charming St.3 nice rms.Clean bldg. No fee. $175/month 736-3587 15 St.220 WEST NO FE-E VICTORIAN HOTEL Converted by architect/builder into handsome 10 sty apt bldg. 1 BR;sep kitch,A/C,walnut stained oak kitch cabinets & firs. $300 Everything new thruout bidg.Tenant roof garden;laundry room.See 5-7 wkdays;12-3 wknds.924-6661.Ownr/Mgt P & J REALTY CO 929-4210 BEAUTIFUL LOFT BLDG Converted by arch/bldr into handsome MODERN APT HOUSE All apts have spacious rms,hi ceils, A/C,free gas,light oak kit cabinets o*k fir/.Full sz refrigs;lots of kit work space,huge winclows,use of tenant roof deck,some apts are bi-level;have terraces,views of Empire State Bidg,arched windows, D/Ws,bIdg has lanudromat,bsmt storage space,live in supt and is wired for cable TV. Rents $285-$390 OPEN HOUSE 3:30-7 wkdays; 11-4 wknd.Clos Friday Renting office prem 989-0918 P&J Rity Co Own/Mgt 929-4210 16 St 160 W (cor 7th Av)NO FEE THE KNITTING MILLS PENTHSE DUPLEX Knockout 2BR;spiral staircase private terrace,LR 18X30,arched winclows,hi ceils,light oak firs, dishwasher $625. To Inspect: OPEN HOUSE 3:30-7 wkdys; 11-4 wknds (Clos Fri) Call Prem 989-0918 or our home ofc at 929-4210 for further details P & J REALTY CO-Owner-Mgmt 16 St(23O W.)-3 Mod,Spacious Rooms! Brite & Sunny!Select Prvt House!Nr Trans &Shopping! Refs.Unusual Buy! $275.Bkr 255-5089/279-7660 16th St, E. Gram Pk. Area IS THIS YOUR SPACE? Style and space for flexible living architect designed top floor loft apt. huge windows skyline view Ir 36x16 Bdrm 12x15 Skylight studio bdrm 15xl5 all new kitchen w/dwshr bath & laundry pass. & Frt elevat. $750 incl util Call OR7-3834 Days 935-0975Eves 17th St 134 E.Beautiful residential block,charming older brnstn,partial renov.11/2&21/2 rm apts w/sep kit- chens&mod appliancs.No Fee Immed occup. fr. $150-$180 See Super prem. W. 18 St. 18 St. W. (8-9) Newly renov spacious sunny 1 BR brnstn fir thru. 2 WBFP Hi ceils, mod kitench & bath, cable TV $350. 1 Or 2 yr Ise 989-7164 19TH ST EAST GRAMERCY PARK On Block Beautiful, Penthouse sky lighted, dble gardens, duplex 2 becirms, balcony,working fireplac air cond, $1200 and/or on contiguous floors, 2 bedrm,2 bath Breuer designed ranch style compl. new gourmet kitchen,work- ing fireplace air cond. $1000 Mr. Forrester 777-3017 20th St.W.207 (off 7th) 2 rboms, beautiful floors,open fireplace. $26O.No agency. Call Georgina at 924-6750 between 10am and 12pm 20's WEST NEW Chelsea Mews A NEW TOWNE HOME IN RESIDENTIAL NEIGHBORHOOD BETWEEN 7th & 8th AVENUES DOORMAN SECURITY SYSTEM ALL THE LUXURY AMENITIES HANDSOME A/C APARTMENTS SOME WITH TERRACES & WOODBURNING FIREPLACES STUDIOS fr $250 I BEDRMS fr $330 IMMEDIATE OCCUPANCY 924-4787 Renting Agt on prem Daily & Sunday J.1. Sopher & Co, Inc. UNFURN APTS MANHATTAN (3W) MANHATTAN (3W) 20 W. Chelsea 2 BDRM-$345-NO FEE Renov twnhse w/elev,carpeted halls intercom,free gas.Come to 326 W.23 St. lOam-5pm or call 691-5900 20s W-LANDMARK AREA Mod renov 2BR fir-thru.Fplc,3 sky- lites,lots closets a/c $340 no fee. E.W. REAISTY 242-5020 20s W/GOOD BLOCKS BRNSTNS CHOICE 1BR APTS $225 $280-Mod kit/bth,brk walls,a/c work fpIc NO FEE E/W RLTY 242-5050 22 ST 340 EAST NO FEE Con TOWNHS 1 BR/WBF verted by architect/builder Windowed kitch/bath,hardwd firs A/C,$32O. Laundry rm.See 6-8 wkdys 11-2 wkends. 677-6032 or own r-mgt P & J REALTY CO. 929-4210 - 23rd St-West.Brite 1BR;duplex in renov twnhse.W/garden.A/C.No Fee Rent $338. Come to 326W.23rd St 10AM -5PM or call 929-4944 23 St.W.Bright 2BR apt in renov townhse w/elev,a/c,free gas intrcom No Fee. Rent $389.Come to 326 W.23 St 10am-5pm or call 924-2190 23 St.W.Bright 1 BR duplex in renov t,.vnhse w/grdn,a/c,marvelous shape Rent $328.Come to 326 W.23 St. iOam-5pm or call 929-4944 23ST.,208W(NR7THAVE) Beaut bedrm apt,livrm,sep kitch, bth,elev,drmn $275-$325. NO F E E , CALL MANAGER 929-7060 25 ST.,231 WEST-Luxury Elev Bldg 11/2 Rms $229.2 Rms $235 ONE MONTH VREE RENT 255T. Chelsea,Attic Studio,Owner Occup Brnstn,French Windows,WBfpIc, Brk Walls,Small Kitch Alcove,Sunny, Suitable 1 person. $185. 741-0215 25th St 209 East (off 3rd Av) No Fee 1 BEDRM, SEP KITCHEN WOODBURNING FIREPLACE New Air Cond Elev Building $325 Mo 25th St 209 E (3dAv)No fee Large modern stjidio apt $235 mo New Air Cond Elev Building- . 30TH ST-308 W. Moderate priced. 2 bdrm apts, incl electric,from. $280.Attractive,well maintained apt bldg in Madison.Sq. Garden area, walking distance to R. R.947-2341. 30s/Mid,9th Ave WALK-Up Lge 3 & 4 Rms $110-125 Recent paint/tub kit, 947-3270/1-5pm 31 East 1 St Nr 2d Av Livi.ngrm,kitchen,pvt bathroom, Free gas. Locked bldg. No Fee $125-$135. 477-1492 or see Supt on premises. 31 St (166 Lexington Ave) Unusual fir thru; expos joist ceils; re- cessed & track lighting; several skylights; large living & bedrm, $385 mo. Owner-mgmt 371-6512 31st Street-Park &.Lex. Large studio,dining area.Tile bath,elev $250/mo. Call Agent 242-3700. 35TH ST-221"E NO FEE Charm'g Ig 1 Bdrm,hi ceils,ground fir front $280, Hardwd fir, share garden Supt or owner-mgmt 371-6512 35th Street-Nr all transp,Charming townhouse,hi ceils,brk walls,31/2 rms Very reasonable. Call 247-3651 or 247-3664 36 St,East-Murray Hill Garden apt,31/2 rms,conv loc,suit business couple. MU9-5951 by appt. 42nd St(Betw 8th/9th) - 2 ROOMS $125 Well maintained walk up bldg. OWNER-MGMT 221-5710 50's OFF AVENUE OF AMERICAS No Fee-Lge studio attended lobby. Elev bldg $225 mo. 757-3404 kitte. 50th ST454 W LRG 1 BDRM $260.Walk to work area. Brick wall. fplc,renov Twnhse.No Fee. 734-3668 56TH ST WEST-THEATER DISTRICT Extra Ig sunny studio w/foyer in lux bidg.24 hr drmn.$275. Call 246-7314 57 St.W-Walk to Work-No Fee Beaut 1 bdrms,skylite or fpIc $345 WESTPARK Rity 155 W.72 St.595-0900 70's THRU 90's EAST Specializing in apt rentals. Brnstns,renovations,semi lux,pre war lux,lux drmn bldg. A/C Studios in renov bidgs $175-200 Semi lux L studios $200-$250 Renov brnstn 1 Bdrms $200-$240 Semi lux 1 bdrm apts $265-$300 NEVER A REGISTRATION FEE MURGE Realty 236 E.77,879-1710 70s-90s-W.Side NO FEE Lg studio,full kitch,only $200 Lg.brite,lBdrm,bnstn,nu kit $255 WESTPARK Rity 155 W.72 St.595-0900 70s W.-New huge bnstn 2Ox2O LR, 13 ft ceils, $390 WESTPARK RIty 155 W.72 St.595- 0900 70 ST, 333-335 EAST 2 RMS + KITCHETTE $175 LWOLLMAN, Bkr, 3?4-9400 70's West.Vic.Lincoin Center +W.80's+CPW Vic-3 selected bidgs: for performing arts-fine arts-writing Well built,thick wall prewar elev bidgs (24 hour security service) Studios $140-$190 11/2 Rooms $195-$235 2 Rooms $235-$285 3 Rooms(eat in kit,when avail) $295-325 4 Rooms(2 SRs,when avail $375-450 Rehearsal, practice & wkshop spaces being planned;music (pianos when avail) dance,theatre,photo dkrms and al I arts and crafts shops. GOOD OPPORTUNITY FOR MUSIC AND ALL ART TEACHERS Huge clsts,hi ceils,good light, hardwood firs or carpeting. Some apts have oak mantle fireplaces & room moldings. FREE UTILS NO BROKERS FEE Well furn apts avail if requested. Special consideration to all teachers and students. Call: 873-7717 If no ans., 866-2412 71 ST OFF C.P.WEST Brownstone-Bedrm $275 MR.BLAZER 563-7440 71 St. W. Owner's own charming south gdn apt in renov brnstn, brick walls,Gourmet kitch, W/W carpet in LR & BR.Free cable TV. avail immed. $395. Call 877-3663 72StW(off WEA)newly rnvtd bidg,ige 2BR,LR2Ox25,brand new kitch;So expos $350 LPI Rentals 799-6005 73(on WEAP/2 fee paid-Lovely 1 BR, bay wind,sep mod kit,A/C $230 THETAN REALTY, CO. 20OW72nd St 7"-9510 73 ST-201 EAST (Corner 3rd Ave) STUDIO w/Kitchenette - Walk-Up Apt. Available Immed.No Fee Ms Lamas 889-8555 Mon-Fri/See Supt 74th St West-No Fee-lovely 21/2 rooms $265/Month. 31/2 rms $325/Mo Some have river view. 24 Hr svce. Free elec. Agent 787-1100. 74 St W-501id prewar 24hr attend 1 BR,kitte,Ig clos,free utils$230 THETAN REALTY, CO. 20OW72nd St 799-9510 75 ST. W. (CPW area) NO FEE New 6 story elev bldg. Studios & 1 BRs A/C, lots of closets, lite, $210 up LPI RENTALS 799-6005. 77 St. 201 W. Beautiful 41/2 rms $415. Also 31/2 rms $325.. No Fee. See Doorman anytime 682-8475 77th St, West Attr neighborhood Two one bedroom apts available $225 month each. Heat paid Chris Murphy 580-8207 77TH ST 1471 2ND AVE LARGE 2 ROOM APT $225 Shown betwn 4-6pm NO FEE.Own-Mgmt - 77th St. 315 W. bet WEA & R F D 2 studios avail, $150 & $190. Avail immed,brnstn. No fee. Mr. See Super Mr. Matiko 78th St.,306 W. bet WEA & RFD, small,cute basement studio,avail immed,$150 incl G&E.See Super Mr. Zaitz or call 564-4945 78th St CPW vic-Sunny small studio,older brnstn.Kitch't,mod bath; I mmed $150. G.G. REALTY 41 W.96 ST 866-7700 79th St East.Charming 3 rm apt, exposed brick & fireplace. $165/mo including utilities. Call Jodie 751-6617 10-5 days 80's E. 1 BR, recently renovated 2 A/Cs, clean bldg. simulated fire- place. $285. Call Susan, days 374-7882 2E.~i2hts 49-3845 80's E (NR 2ND AVE) 4 rms $225/$250,studios $190/$225 others.OPEN 7 DAYS WK. BERGMAN REALTY, 249-9941 83rd St-West.CPW. 1 garden apt Newly modelled.1mmed avail. 1 or 2 persons. Call 787-0735. 7AM-4 PM 84 St,just off RSD-Charm 3 rms secure brnstn,sep bedrm mod kitch & bath; immed $249 G. G. REALTY 41 W.96 ST 866-7700 84St.W(off CPW)beaut tree lined street Newly rnvtd Brwnstn,l BR,so exposure LR exposed brick $235 LPI RENTALS 799-6005 W 85 ST-NO FEE Charming,clean,newly renovated apts in secure elev buildings.Ultra modern colorful kitchens & bathrms with all new appliances incl laundry facils. NO FEE OWNER MANAGEMENT STUDIO $175 ONE BEDROOM APT $235 - Ca 11877-7871 86 St(WEA)535,No Fee-Brownstn-hand carved wood panel I ng,fpI c, loft bed& airy I Bdrm overlooking tree lined sq $384.Agen on premises Sat. 0OAM-3PM) or Call 929-3254 86 ST. W. (CPW area) Ig I BR, lots 1 litiRr stri IY, kitch, $250. NoNO 9 Is 799-6005 87-88 St & Amsterdam Ave- 4 rm front apt $235 mo.4 rm rear apt $210 mo.Walk-up,nr trans 873-9402 87 St West,343.Lge studio with pvt.bath & kitchen.Freshly painted. 3rd Floor in brownstone. Call anytime GE 5-2582, 873-3590 UNIFURN APTS MANHATTAN (3W) 87 St.nr.Central Pk.West,rtew renov,bristne lbdrm,hi-ceil,full kit very light,sunny.$255.Also 81 St. Ig.studio 20'x22'fplc$230.787-3487 87 St. W. betw RSD & WEA. 19x28- hi ceils, walk in closets, 4 wndws mod kit & bath, parquet firs. $235. 2 mos sec. 874-6428 Keep trying 88 St,CPW-Brite 21/2,top fir,older- brnstn,sep bdrm,hi ceils,W/B fpIC shutters,needs painting. $220. G.G. REALTY 41 W.96 ST.866-7700 90's East4 Large rooms 2 bedrms,eat-in kitchen. Elevator. No Fee. $295 mo.Call-348-8675. 91 St, 252 W. Newly Renovated Bldg 4 rooms $300-$ Studio $190-$! No Fee See Supt or Cal 1777-8820 94TH ON SCENIC RIVER DRIVE New lux elev bldg at 214 Riverside Di Studio,1&2 bedrms-duplex.Huge room A/C.See Agent 11-6pm or call 865-0334 or 876-1700. NO F E E. 95 St,CPW vic-Fabulo s fir thru 2 bedrms,huge liv rm,ufplc,expos brick,A/C;immed.A Knockout! $400 G.G.REALTY 41 W.% ST 866-7700 95 St,CPW vic,secure older brnstn freshly painted small studio,kitch't prvt bath; incl G&E $160 G.G.REALTY 41 W.96 ST 866-7700 95t,220 E. (bet 2nd&3rd Aves) - YORKVILLE NEW LUXURY BUILDING 3BR APT $390-$440 Unique Layouts, Dishwasher,A/C, Laundry, R Esident Supts.FREE GA! ONE MONTH FREE RENT Call 831-80" for appt. 95 St 134 W. off CPW.Gdn apt Sep entr. Massive Livrm, sep big BF pvt kitch, mirrored walls, 8Ox2O gdn. $375 mo.Call betw 2 & 6 for appi 243-9834. Plenty of extras. 98th St,104 E.4 brite rms, Unfurn,$190,Also one furnished $21O.Quiet bIdg.Good Loc.1 Or 2 adults pref.No pets.725-0399 101 Street Broadway Modern studios from $210.Other lay- Othe outs also avail. Elev.bldg, excl. security. 850-1691 102 ST & WEST END AVE 3 rooms,free gas & elec. No fees. $240/month.Call 866-M3 10am-12noon 102 St,just off CPW-Freshly painted 4 rms(tenement style)2 becirms, mod kitch. NO FEE $150 G.G. REALTY 41 W.96 ST 866-7700 103 St,just off CPW-Icleal 21/2 rms older tenement type bldg, sep bedrm,kitch't.NO FEE $130 G.G.REALTY 41 W.96 ST 866-7700 105th Street West-Beautiful block nice studio.Lots of sun. $185 Also studio with sleeping loft.$200 H. Gibbons Realty 873-4 106 StOD9 West)-4 Lg Rms-Newly Renov,Elev!Brite & Sunny! Good Trai & Shopping 1$260.Bkr. 255-5089 or 279-7660 106 STREET,56 WEST 31/2 Rm Apt, $205 Must be Seen-Newly Decorated! 749-7314 or LU 8-8000 107 St, on Bway-ldeal 4 rms, elev bldg, 2 becirms mod kitch &.bath; immed $260 G.G.REALTY 41 W.96 ST 866-7700 A new renovated building from $135 to $175.Tile bath,separate kitchen, brick walls,parquet ffrs,all copper- tone uti. Free gas.533-4120 (8-12am) THIS AD WORTH $5 WHEN RENTING ANY AOT BELO" ELEV REMOD BLDGS NO FEE Studio 516 E 5 nr Ave A $ 2 rms 277 E 10 $ 3 rms 361 E 1 0 $ 4 rms 361 E 10 $ 3 rms 728 E 9 $ Supt on Prem or cal 1201-755-5241 Manhattan-No Fee Apts NESOR ASSOC. New Buildings 865-0334 or 982-3 UNFURN APTS REF SVCIE (301 Audubon Ave,STUDIO $145 31/2 rms,$175-SECURE ELEV BLDC~ For fast friendly Direct Svce,call Vivian-19-7PM,889-6566, Fee $35 Ave of Americas-Near WEst 4th Stre 3 Room Apt(l Bedroom)in nice bldc Right at subway $270 mo.Call Gleni 687-06M Two For The Money-$35_Fei ankSt E F LS 799-~ P W.VILL-4'ROOMS $2, Barrow St nr 6 Av in heart of West Village, 31/2 rms,brownstone, avail immed, $286. Call Vivian at DIRECT SVCE, 889-6566, Fee $35 Barrow St at 6th Ave-Large 31/2 Rm! in well kept brnstn.Good ARea. 3.273 mo.Nr subway.Avail Imm.Davi 687-0600 Two For The Money-$35 Fei Bleecker. EFLS 799-9 W.VILL-2&3 RMS $165-1 Declassified and Approved For Release 2012/03/30: CIA-RDP03-01541 R000200420002-0