NIXON WILL ADJUST INTELLIGENCE CORPS TO FIT HIS WORLD PLAN

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December 21, 1972
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---Approved For Release 2001/08/07: C1A-RDP77-00432R00010OA900Oi-7-- CONFIDENTIAL INTERNAL USE ONLY This publication contains clippings from the domestic and foreign press for YOUR BACKGROUND INFORMATION. Further use of selected items would rarely be advisable. 20 FEBRUARY 1973 Governmental Affairs CONFIDENTIAL Approved For Release 2001/08/07 : CIA-RDP77-00432R000100090001-7 Approved For Release 2001/08/07 : CIA-RDP77-00432R00010009000'f-7 WANDERER, St. Paul 21 December 1972 Weekly THE SCOTT REPORT ixon X98 Ad!u'st'hi Corps''Y'a Fit His'. W WASHINGTON - The American intelligence community is preparing for one of the most .sweeping realignments since the Central Intelligence Agency (CIA) was established in the late 194Js'':'l could also become one of the most controversial. In ordering the shake-up, President Nixon's principal objectives are to tighten White House control over the Government's vast in- telligence community and to make it more responsive to changes taking. place in U.S. relations with Moscow and Peking. White House aides say the President hopes to accomplish these objectives in several ways. First, the President plans to replace Richard Helms as director of the Central Intelligence Agency (CIA) with his "own man." This is expected to be James R. Schlesinger, presently chairman of the Atomic Energy Commission and a member of the inner White House circle. Second, the President plans to. drastically cut the budgets of all intelligence agencies by an estimated $500 million. This would, mean big cutbacks in personnel and operational funds for the Central Intelligence Agency (CIA), the Defense Intelligence Agency, the National Security Agency, and the intelligence functions of the- State Department and military Significantly, the proposed half- billion-dollar reduction is the same figs-e recommended in a study l'?"' PAUL SCOTT now wants the former Virginia' - ------ University economic professor to; see if he can't implement it. The President would like to see Schlesinger test out some of the ideas he put in papers prepared while Director of Strategic Studies at the Rand Corporation, a government. financed "think tank" at Santa Monica, Calif. These papers dealt exclusively with how systems analyses could be 'used to improve political, military, and intelligence decision-. making, and cost-cutting in these fields. While at the Rand Cor- poration, Schlesinger also prepared a study on the cost of nuclear-weapons proliferation which caught the President's eye. In discussing the need for an intelligence shakeup with aides, the President indicated that he was replacing CIA Director Helms because the latter was not' aggressive enough to make the' changes he believes are necessary in the intelligence community. Helms, a career CIA employee,; was a holdover from the Johnson; Administration, The President's view is that the Government's intelligence roles and missions must be gradually changed to meet the new relationships which exist between the United States and Russia and the United States and Communist China. As contracts and negotiations produce new agreement with these Communist pewersl"the President is convinced that much of the intelligence now gathered the hard way and at great expense may become available through mutual exchange of information. made by a panel headed by Schlesinger, when he was.. Assistant Director of the Bureau pf Budget. When the Schlesinger recommendation was first cir- eulated by the White House, CIA t ' 't'his proposed intelligence ex- Director I10n,s and Defense change is an integral part of the Secretary MMrl0n l,?.i,rl ,jnnineu l risky "partnership for peace"; forces to successfully oppose it. 'strategy Which Dr. Henry With both Helms and Laird now Kissinger, the President's national leaving government. the President security adviser, has succeeded in has once again dusted off the getting President Nixon to adopt,' Schlesinger recommendAM*mod FgigtRgPeM f1`0S189c~ dAe-RDP77-Olblst8'1ZR304110009000.1-7 a the realignment as a move by the President and Kissinger to snake' the intelligence community more responsive to their efforts 'to, use. foreign policy to build a new world order. Since intelligence estimates are used as a key factor in the for- mation and support of American foreign policy, a tighter control of the national intelligence operations by the White House would gica-ly increase Kissinger's ahready tremendous'intluence in making 'this policy. .s ^r.: veteran in- telligence aic'e p,it it: "Kissinger wants the in- telligence community to support foreign policy, not to help shape it. This could be disastrous since it would result in predetermined estimates of intentions of governments like Russia and, Communist China." Time. and events should tell whether this estimate is correct,-. INTELLIGENCE FLASHES The Central Intelligence Agency is circulating a report stating that Russia will attempt to launch a, manned space laboratory' next Spring - just before April 30th, when the United States is scheduled to put its three-man 'Skylab into orbit. The Russian version will be relatively primitive by American standards..... Ad- miral John S. McCain Jr., who recently retired after serving his last four years of active duty as U.S. Commander-in-Chief in the Pacific, says he fears a steady deterioration of the American position in Asia once a cease-fire is agreed to in Vietnam. Political. pressures, domestic and foreign, will, the Admiral predicts, cause the United States to give up its bases in Japan, Okinawa, and the Philippines. Admiral McCain anticipates the U.S. defense line then will be pulled back to Guam and other islands in the Western Pacific, Mimi a fifl-bnitt)t, he ,warns, eottid gift tie halsnoe of power against the United States H*_ I ence Approved For Release 2001/08/07 : CIA-RDP77-00432R000100090001-7 WASHINGTON - Of all the brains washed in the whirlpool of the Vietnam war, those in the Central Intelligence Agency have come out, well,, relatively clean. Early In the war, according to the Pentagon Papers,, the CIA said that the-domino theory - the belief. that a communist takeover in South Viet- nam'wouid'lead`to the fall of San Francisco - was hokum. When the Pentagon was telling us that all the tight was about out of the North Vietnamese and the National' Liberation Front, the CIA was not so sanguine. ' " And long before then Secretary of Defense Rob- ert McNamara was admitting it in public, the CIA was saying that bombing would not significantly hamper the ability of the North Vietnamese to fight. All of which means that when the CIA wasn't too busy on other Intrigues It was right on its assess- merits of the war, at least some of the time. And it displayed some independent thought. But even that limited record of success may be jeopardized In the future, says Rep. Lucien Nedzi' of Michigan, Democratic' chairman of the House subcommittee which oversees Intelligence opera- tions. Nedzi. has spent more than a year in a private, intensive study of the nation's' intelligence organi- zations, especially the CIA. . And now that its director, Richard Helms, whom Nedzi considered a professional with no political axes to grind, has been banished to the deseft -- .rs ambassador to Iran-the congressman wor- ries that the White House is about to "compromise the integrity" of the agency. MORC SPECIFICALLY Nedzi and other mcm- hers of Congress are concerned that the agency may become a handmaiden of administration and Pentagon policy, telling the White House only what it wishes to hear. t Several members of congressional Armed 5er- viccs committee, including Nedzi, know how the White Bootee and the Pentagon have juggled their own intelligence estimates of Soviet' strength while Ignoring more accurate CIA figures -to justify requests for new weapons systems. For example, there were the frightening Defense Department estimates of the Soviet SS-9 intereno- Dtinehtal missile, which were used as the prime ,;Argument fttt, the anti-bftliislin missile system.. Well, the AUM has all but sunk from sight - and so has the threat of the SS-9. Evidence that the White House may be moving to take over the CIA for its own purposes came to Nedzi last year when the President announced an Intelligence reorganization to Increase efficiency and eliminate waste, duplication and some inter- agency feuding. Nedzi concedes that more co-ordinating and re- organization may be necessary. But he learned that none' of the agencies, not even the CIA, had been consulted about Lite reorganization. Indeed, the CIA, which knows some of the most sacred secrets of our sworn enemies and other foreign governments, knew so little about the re- organization plan that it had to learn about it by sending out for a copy of Newsweek. The White House, when it announced the reorg- anization, kept secret the name of the man who panne it. It since has been learned that the au- thor of the plan was James R. Schlesinger, Helms' successor. Schlesinger has assured concerned members of the Senate Armed Services Committee that the CIA, under his directorship, will remain Independ. ent. But skepticism remains... ? Schlesinger, with no background in intelligence work, did not talk with members of Congress or leading experts in the field before he wrote his reorganization plan. Presumably those were his Instructions from the White House. Schlesinger; at the time of the study, was chair- man of the Atomic Energy Commission, which under his leadership has shown no disposition to challenge the administration's unstinting support for. more. nuclear power plants -- in spite of mounting evidence for a more cautious policy. BEFORE JOINING the AEC, . Schlesinger, a Harvard graduate (no relation to Arthur), was as- sistant director of the White House powef center, the office of management and Budget. An economist and a. Republican, Schlesinger had been a senior staff member of the RAND Corp., a Pentagon think-tank in California, and later direc- tor of strategic studies there, before joining the administration In 1969. At RAND Schlesinger was chiefly concerned with problems of budget and management in gov- ernment and was any admirer of McNamara's cost-effectiveness?systcm analysis apprnacl?. Nedzi figures the CIA and other intellgence out- fits could use a super-manager like Schlesinger. 13ut the congressman is concerned with who will ;run actual intelli^r.nrc operations and policy, and 'when- r Lite White Ih'itst', ('1,"'n oce;tcionnlly, will .,be list~ning to something it doesn't wish to hear. Approved For Release 2001/08/07 : CIA-RDP77-00432R000100090001-7 Approved For Release 2001/08/07 : CIA-RDP77-00432R000100090001-7 NW-YORK TIMES 11 February 1973 WHITE HOUSE STAFF UNDERGOESSHAKEUP WASHINGTON, Feb. 10 (UPI) -President Nixon has an- nounced a shakeup of the White House staff involving Raymond K. Price Jr., head of the speech writers' team, will become a special consult- ant to the President with a "broader range of functions," and his successor, David Ger gen, will have the title special assistant to. the President,' Patrick J. Buchanan, another top speech. writer, will become a special consultant to the, President, but will continue to oversee the preparation of Mr. Nixon's daily news summary. Lee Huebner, designated spe- cial assistant, will continue as a speech writer. The assistant director of the Domestic ` Council staff, Dr. Edwin Harper, resigned to re- turn to private life, it was an- nounced Monday. Comdr. Alexander Larzelere, who served in the Nixon- created post of Coast Guard aide since November, 1971, will be reassigned to Coast Guard headquarters and his position eliminated. David Parker was appointed to replace Dwight Chapin as special assistant in charge of scheduling Presidential appoint- ments. Mr. Chapin will become a marketing executive with United Air Lines. Stanley S. Scott, assistant ,,director of communications, will become the highest rank- ing black in the White 'House as the Administration's liaison with minorites, , succeeding Robert J. Brown. Lawrence M. Higby, another staffer member, was named deputy assistant to the White House chief of staff,?H. R. Hal- deman, and Steve Bull, staff assistant, became special assist- ant. Other staff members des- ignated as special assistants were Bruce A. Kehrli and Jerry H. Jones. Helms Says Firms Not Used for Spying WASHINGTON (Kyodo-Reu- ter) - Richard Helms, former chief of the U.S. Central In- telligence Agency, said Monday the agency exchanges informa- tion with major U.S. corpo- rations but declared it has not used the firms .for espionage purposes. Helms, in his first public ap- pearance before a congressional committee since he left the post' of CIA director, told the Senate Foreign Relations Committee the agency had'not used the In- ternational Telephone and Tele- graph Co. (ITT) for espionage purposes. The former CIA director, who has been nominated to be U.S, ambassador to Iran, was re- sponding to quest' from CHRISTIAN SCIENCE MONITOR 12 February 1973 W' 'am Rogers, underrated By Benjamin Welles Contrary to common belief William P. Rogers Is proving an exceptionally effective Secretary of State. This is not to say that Mr. Rogers has, in four years, become an expert on the past history or current mechanics of foreign policy. He has a finely honed lawyer's mind and he has learned much; but he is not a man given to'introspection or to a nighttime work load. Nor is it to say that he has won the fierce loyalty and support of the 17,000 men and women who staff the State Department and the 108 United States diplomatic missions at home and abroad. Mr. Rogers's management skills are not manifest today either In the turgid organization or in the tepid morale of the foreign service. Yet the widely held assumption that some- how Mr. Rogers is being ''humiliated" by 'Henry A. Kissinger's preeminence as Presi- dent Nixon's foreign' policy expert falls wide of the mark. If it was ever true - it no longer is, and Mr. Rogers's standing with President Nixon remains high. Why? Because he has been brilliantly effective in the role for which Mr. Nixon originally picked him, and which he has carried out ever since with visible success. He has kept Congress "off the back" of the Nixon administration for four years. "Bill Rogers Is Nixon's defensive back - assigned to block Congress," said a high- ranking State Department official. "That's his job and he's good at it. Kissinger handles the details of foreign policy. Consider the facts. During the latter years of the Johnson administration Secretary. Rusk and Undersecretary Katzenbach were frequently called to testify before the Senate Foreign Relations Committee. As tempers rose and each side dug in consultation turned to confrontation. Who can ever forget the hostile eight-hour grilling to which Rusk was subjected under television lights in 1968? Nonetheless the result - though a standoff - gave the nation the impression that its elected representatives - Fulbright, Cooper, Church, and others - were challenging the administration and providing an elected focal point for resistance to the Vietnam war. In the four past years, Kissinger - the President's closest foreign policy assistant - has been allowed to brief congressional groups infrequently and privately. But he has never testified publicly despite repeated requests. The reason? "Executive privi- lege." The Secretary of State on the other band has been available virtually.'any time.the Foreign Relations Committee, or other ap- propriate congressional group, 'has asked him. The problem today is that they are increasingly disinclined to ask him. - Smiling, friendly, posing handsomely for the photographers, exuding bonhommie, Mr. Rogers has repeatedly beguiled the bulk of the Senate Foreign Relations Committee with bland, honeyed words - rendering it tooth- less. "You can't get mad at Bill," one committee member acknowledged ruefully. "He's so darned nice. He makes everything seem so reasonable, and it's only after he's gone that you realize he hasn't told us anything we couldn't read in the papers." This may make good politics; but one may ? legitimately ask if it makes good policy. Should the Senate Foreign Relations Com- mittee with Its constitutional role as watch- dog over the nation's foreign policy be fobbed off year after year with smiling obfuscation? Or be reduced to mumbling futility? True, the fault may well lie - rather than with Mr. Rogers ? with the committee's own ? lack of dynamic leadership;, with its own internal quarrels; with its own protracted failure to use its skilled staff to advantage... From every current indication the Foreign.: Relations Committee will continue, in the. remainder of the Nixon administration,, to decline in effectiveness and prestige. But while the Nixon administration may appear to be "winning," the ingrained Amer- ican concept of checks and balances - the very essence of democratic adversary gov- ernment - appears to be losing. Mr. Rogers may be carrying out his assigned.task too well. There is every indication that he is pleasing his leader. "Bill Rogers isn't just being a good soldier,, suffering silently while Kissinger does the work," said a senior official. "He loves being Secretary of State the aura of power, the-, publicity, the glamor. And with John Mitchell -gone, Rogers is the only man in the Cabinet whom Nixon regards as a personal friend. He can be Secretary of State as long as he likes." . Mr. Welles, for many years on the staff ?? of the New York Times, is now an independent commentator on what goes on in Washington. committee chairman Sen. Wil-'. Liam Fulbright about allega- tions that the. CIA had close links ''with major U.S. corpo-, rations especially ITT. For Release 2001/08/01 : CIA-RDP77-0043 R000100090001-7 Approved For Release 2001/08/07 : CIA-RDP77-00432R000100090001-7 WASHINGTON POST 2 February, 1973 ~ '72 5 use 1. Yin By Carl Bernstein and Bob Woodward Washington Post Staff Writers Sen. Edward M. Kennedy has reported uncovering evi- dence that "strongly indicates" White House involve- ment in "a wide range of espionage and sabotage activi- ties" during the 1972 presidential campaign. The evidence "strongly indicates ... that one key par- ticipant was in repeated contact with the White House, the White House convention headquarters, and White House aides during relevant time periods," Kennedy wrote in a letter to Sen. James O. Eastland (D-Miss.). . "At least part of the financ- ing was arranged through al key Republican fund-raiser who is a close associate of President Nixon's," the letter, dated Jan. 22 and made public yesterday, said. Despite the evidence, Ken- nedy said, both the White House and the Justice Depart- ment failed to substantially investigate any of the under- cover activities. except those directly involving the bugging of the Democrats' Watergate headquarters. Informed ofj the Kennedy letter early last night, a spokesman for the White House said there would be no com- ment. The t h r u s t of Kennedy's statements parallels news re- ports since October that the Watergate bugging stemmed from a White House-inspired campaign of espionage and sabotage against the Demo. crats. But Kenndy, whose Subcom- mittee on Administrative Practice and Procedure has been investigating such Allega- tions since Oct. 12, is the first public official to claim that he has documentary evidence of the undercover campaign's ex- istence. ,Sources on Capitol Hill re- ported that the K e n n e d y Subcommittee's investigation found extensive involvement of several White House offi- cials and presidential aides at the Nixon re-election commit- tee, in addition to the two per, sons cited but not named in the senator's letter. The sources identified the "key participant" who was in contact with the White house as Donald 11. Segretti, n 31- year-old California lawyer al. legedly hired as a political agent provocateur by Dwight L. Chapin, Mr. Nixon's ap- pointments secretary. The "close associate of President Nixon" who alieg-; edly helpedi arrange. part of the financing for the sabotage and espionage was identified as Herbert W. Kalmbach, the President's personal lawyer and former deputy finance chairman of his re-election campaign. The information developed by the Kennedy Subcommittee was described as "devastating" and "appalling" by a Republi- can senator who said he had seen only part of it. It is known that the Ken- nedy Subcommittee subpoena- ed bank and telephone rec- ords, some' of which showed that Kalmbach made payments and phone calls to Segretti and other persons who al- legedly worked as spies and saboteurs against the Demo- crats. Though some of. these spy- ing activities were uncovered by the FBI during the Water- gate hugging investigation, federal sources have said that the activities were not fully Investigated because many of them skirted the edge of the law or did not have a direct relationship to the Watergate It had previously been re- ported that Kalmbach paid. Segretti about $35,000 in Nixon campaign funds to work against the Democrats. Capitol Hill sources said that the evi-, dence uncovered by Kennedy' 'shows t h a t "substantially more" money was funneled through Kalmbach to finance clandestine political activities. The sources also reported / that Kalmbach and Segrettl declined to provide voluntar- ily information to investiga- tors for the Kennedy subcom- mittee and were subsequently subpoenaed to testify at a closed-door hearing scheduled for the middle of January. The hearing was postponed bemuse of scheduling diffi? ,cultes but the terms of the subpoenas innke Segretti and Kalmbach -subject to future, call, the sources said. "Kennedy's'statements were on two pages of an 11-page letter to Eastland, chairman open to partisan charges, Er-, vin, also a Democrat, has a relatively nonpartisan reputeI., Lion. In his letter, Kennedy antiei-" pated that presidential aides would not willingly testify, and said he supports a "strong spe- cial resolution" by the S~note to grant b r o a d subpoena power. . On the matter of executive privilege, Charles W. Coson, special counsel to President ,Nixon, said.'yesterday that he anticipates a fight with, Sen. Ervin over whether he' will testify at public hearings on the espionage activities. In A. television interview lwith Elizabeth.Drew last night on WETA, the Public Broad- casting Service,' Colson indi- cated that he expects. to be called at the Ervin investiga- tion because he is a personal friend of Watergate defendant E. Howard Hunt Jr., and had recommended Hunt for his job as a White House consultant. Hunt, a 21-year veteran of the CIA, pleaded guilty last month along with four others to all charges against them in the Watergate trial. Two other defendants-both former sen- ior officials In the Nixon re- election campaign-were con- victed in the case Tuesday. Colson said that "the ques- tion of the confidentiality of the relationship of a personal adviser to the President (executive privilege), or per- sonal adviser to a member of Congress, is something that survives whether you're still on the White House staff or. not ...,, Colson is leaving the White House March 1 and indicated that he might be unwilling to testify in detail about matters that involved White House business. However, he said: "I'd be happy to tell Sen. Ervin or, any- one else exactly what I've just said to you, which is that I had no knowledge or in-: volvement in the Watergate." In his press conference Wednesday, President Nixon seemed to place a narrower in- terpretation on executive priv- ilege, saying "the general atti- tude I have is to be as liberal as possible in terms of making people available , to testify be- fore Congress." He added: "Where the mat- !ter does not involve a direct conference with or discussion within the administration, par- ticularly where the President is concerned and where It is an extraneous matter as far as the White House Is concerned .. we are not going to assert It " II This would seem to apply to hearings on the . Watergate i case since the White House Finn eithei' tlgdittII 1121 111,1H Car said it Would n41: ""d19111(y' the charges with a comment. Approved For Release 2001/08/07 : CIA-RDP77-00432R000100090001-7 s - of the Senate Judiciary Com?I mittee. The letter was an at- tachment to the 1973 budget request for Kennedy's Subcom- mittee. It said in part: "The information gathered thus far by the Subcommittee; :strongly indicates that a wide' range of espionage and sabo-i tage activities did occur dur- ing the recent presidential p i campaign,, and especially 'it primary phase; that these ao-i tivities were planned and ini ti.ated no later than the mid- dle dle of 1971; that one key par- ticipant was in repeated con- tact with the White House, the White House convention head= quarters, and White House aides during relevant time periods; that at least part of the financing was arranged through a' key Republican fund-raiser who is a close as- sociate of President Nixon's; and that neither the federal criminal investigation nor the White House administrative inquiry included any substan- tial investigation of the al- leged sabotage and espionage, operations apart from those surrounding the Watergate episode itself." In his letter to Sen. East- land, Kennedy made these ad- ditional points: ? "Subpoenas were utilized to obtain records of various types,) and . . were also served on individuals who de- clined to volunteer informa- tion to the Subcommittee's in- vestigators." ? The forthcoming investi- gation planned by Sen. Sam J. Ervin (D-N.C.) "will require the calling of various Execu- tive Branch and White House personnel with the attendant ]problems that course entails." Kennedy's letter said the. Subcommittee began its inves- tigation after 'tae public ques- Itioning of the integrity of a criminal investigation headed by a designated surrogate campaigner for ? President! Nixon ahd of an administra five inquiry conducted by the White House counsel, when the Nixon re-election commit .tee was 'the principal subject! of the investigation ..." The"surrogate campaigner`i referred to by Kennedy is At-' torney General Richard G. Kleindienst, under whose aus- pices the Justice Department investigation of the bugging was conducted. The White House counsel is John W. Dean III, who con- ducted an inquiry for Presi- dent Nixon that concluded that the White House and re- election committee were not Involved in the Watergate inci- dent. Though Kennedys Subcom- mittee conducted the prelim- inary Inquiry into the espion- age allegations, Kennedy has Isititl that he is willing to have Sell, Ervin talte ovel. 1110 111? ''estigation so it will not be Approved For Release 2001/08/07 : CIA-RDP77-00432R000100090001--7 . WASHINGTON POST 3 February, 1973 Watergate e 'Sunnulds By Lawrence Meyer hall for McCord and Liddy, waahinaw Postst,uwricer Who were held without bond in the D.C. jail. In the course The presiding judge in the of, the hearing, Sirica re- Watergate bugging trial criti- sponded to critical statements cized the prosecution's han- about the conduct of the trial dling of the case yesterday made by McCord's ' lawyer, and said he hopes that an up- Gerald Alch, in papers he filed. coming Senate investigation 'Both before and during the "would try to get to the bot- trial, Sirica had said he wanted tom of what happened in this to find out if anyone besides ease." the, seven defendants was in- "I have not been satisfied volved in the Watergate affair. and I am still not satisfied Alch said Sirica acted like a that all the pertinent facts prosecutor in duestioning wit- that might be available-I say tresses, including former might be available-have been Nixon campaign committee produced before an American treasurer Hugh W. Sloan Jr. jury," Chief U.S. District "I don't think we should sit Judge John J. Sirica said yes- no here like nincompoops, I'll terday during a post-trial hear- put it that way " Sirica said in , tng? response. "I have great doubts Sirica also said that he has that Mr. Sloan has told ps the "great doubts" that an impor- entire truth in this case. I will tant prosecution witness told say it now and I indicated tha t us the entire truth in this during the trial." case. The judge said he has given Sloan testified during the the government a list of trial that, with the authoriza- names of persons with a sug- tion of his superiors on the gestion that they be called to committee, he had turned over testify before the grand jury. about $199,000 to Liddy buts Principal Assistant U.S. Attor- that he had no idea what the ney Earl J. Silbert, the chief I money was for or how it was prosecutor during the trial, spent. said he has no plans to call "I felt that neither of you- anyone other than the seven government or defense-asked defendants in the trial to Mr. Sloan any questions," Sir- testify. ica said, "I had a right to ques- Silbert said that of the six tion him to see that all the persons on Sirica's list (Sirica facts were brought out." ordered their identities be 11. Sloan told Sirica that he re- d t f l h d t ive a rea y secre a ep ) , signed from the committee be-' appeared before the grand cause of the Watergate affair. jury prior to an indictment's being returned Sept. 15. The He is known to have told ,sixth person's name, Silbert friends that he quit because said; "never came up directly he did not approve of what or, indirectly, however re- was happening at the commit- motely, during the. investiga- tee. tion of this case." Sirica'referred to the Sen- Sirica's remarks in court ate investigation that Sen. yesterday were in the nature Sam Ervin (D-N.C.) is ex- of a spirited defense of the pected to conduct into the way he conducted the trial of Watergate affair and related ,seven men on charges of con- charges that the re-election spiracy, burglary and illegal 'committee supported a broad wiretapping and eavesdrop. campaign of espionage and ping stemrhing from the - sabotage conducted against break-in and bugging of the the Democratic presidential Democratic National Commit- candidates. tee's Watergate headquarters. "Everybody knows that , The trial begn Jan. 8 with there's going to be a congres- seven defendants and ended sional investigation in this Jan. 30 with the conviction of case," said Sirica, a Republi- two-G. Gordon Liddy, former can appointee. "I would White House aide and finance' frankly hope, not only as a counsel to the Committee for' ..judge but as a citizen of a the Re-election of the Presi- great country and one of mil- dent.,. and James W. McCord lions of Americans who are Jr., former committee security looking for certain answers, I director. would hope that the Senate The five other defendants, committee Is -granted the including former White House power by Congress by a broad side E. Howard Hunt Jr., all enough resolution to try to got pleaded guilty earlier In the to the bottom. of what trial happened In this case. I hope r? ?' so. That is all I have to say." d Sirica had ordered sealed. "I am strongly considering refer- mittee," Sirica told Alch. "Your conduct, I think, de- serves censure." . Alch explained that the breach of the order-quota- tion of a short passage-was done inadvertently by him. !11 didn't mean to antagonize rvou," Atch told Sirica. "'ttou didn't antagonize me, but you shouldn't have done it," Sirica replied. Sirica set bond for Liddy and McCord at $100,000 each. Both have indicated that they WASHINGTON POST 4 February, 1973 Eu." Case O' soles yJu cannot afford that amount and will try to have the amotlllt re- duced. In the meantime, irica said he is transferring Liddy to the federal prison at,Dan- bury, Conn., with Liddy's assent. McCord will be transfe-red to the federal prison in Peters- burg, Va., if he wishes, Sirica said. Hunt is free on $100,000 bond, pending sentencing; The four other defei zlants who pleaded guilty-Bc'nard L. Barker, Frank Sturgis,; Eu- genio R. Martinez and Virgilioi R. Gonzales-also evill be sent! to Petersburg from the D.C. Jail, Sirica said, fitness ttacks ge at Trial By Carl Bernstein and Bob Woodward Washington Post Staff Writers Hugh W. Sloan Jr., the for- mer treasurer of President Nixon's re-election campaign, said yesterday that "attacks that have been made on my integrity" by the judge in the Watergate bugging trial t "are totally unwarranted." In a prepared statement is- sued to reporters, Sloan reiter- ated his testimony given as a witness in the trial that he had no foreknowledge of the bugging or other clandestine activities against the Democrats. He said he had fully an- swered all questions asked by U.S. District Judge John H. Sirica, who presided over the trial, and those asked by the federal grand jury that inves- tigated the incident. . ' Sloan noted in his statement that, on Friday, Sirica "for the third time publicly questioned the truthfulness and complete- ness of my testimony in the Watergate trial." He added, "I. strongly resent, the implica- tions of Judge Sirica's state- ments." Under questioning by Judge Sirica, Sloan. had testified in the trial that former Secretary of Commerce Maurice H. Stans and Former Attorney General John N. Mitchell both verified that another cam- paign official could approve cash payments to one of the Watergate conspirators for In- tell lgence-gathering opera. tions, Earlier, Sloan had been asked by the presegutian if that other campaign official- deputy director Jeb Stuart Magruder-had authority, to approve such payments and Mitchell. Federal Investigators have said that Sloan, a former White House aide, cooperated fully in their investigation of the Watergate case and that' his testimony in the trial was' consistent with what he told, However; they said ' last week, both ' the . prosecution and Judge Sirica failed to question Sloan fully during the trial about this knowledge of cash payments that funded extensive espionage and sabo. tage activities aganst the Dem-1 ocrats. The Investigators said Sloanl did not 'know the money' would be spent on clandestine'; operations when he made the payments and that he quit as .treasurer of the Nixon cam- paign when-after the Water- gate break-in-he learned the purpose of the expenditures. On the witness stand, Sloan was asked only about expendi- tures of $234,000 in cash that had been received by 'one of the convicted Watergate con- spirators, former White House aide G. Gordon Liddy. According to investigators, at least $500,000 to $650,000 more-also disbursed by Sloan from a safe In Stans' off lee- was spent on clandestine activ- ities undertaken by the Nixon' campaign. Those expenditures also are made with the ap. t oval of high pV00611041 aides and advisers, according to the Investigators. On Friday, Judge Silica said "I have not been satisfied and I am still not satisfied that all ni guments Yes. +Sirica hear ?HyA:..? rsu-.sr Finn fhnh hn cof Sirica also upbraided Mc-1 ISloan' answered affirmatively Apprrvea i-or Meiease zuu-iiuiffur:-Z:rn--rKr i-r-`--uug:frrctvuu-iuuu Iuuu-i-f Approved For Release 2001/08/07 : CIA-RDP77-00432R000100090001-7 WASHINGTON POST 2 February, 1973 After the Trial: Unanswered Questions Well, the Watergate trial Is over. Two defendants have been convicted and five others have pleaded guilty. We take no joy In those facts. Seven men's lives are to be changed and so are those of their families. And yet, for all that, there is an unsatisfactory sense that all that was rotten in Denmark is still largely In place. For, what Is at issue In the whole Watergate-campaign espionage episode is not merely whether some men were or were 'not guilty of breaking and entering some offices In the Watergate complex, but rather how badly the electoral process has been mangled and abused, and by whom. The conclusion of the trial leaves much of that right where it was before court was convened. There Is now no longer. any question about the. fact that the Watergate operation and others directed at Sens. Muskie and McGovern were financed by Republican cam- paign money. Nor, despite vehement denials by top Re- publican campaign figures, Is there any longer any question that there was a secret fund-nor any question that very large sums of unsupervised cash were floating around in the President's campaign. The questions re- maining have to do with precisely how widespread the espionage activities were, exactly who directed and au- thorized them and how strong an effort those In authority made to get to the bottom of the whole affair once aspects of It had come to light. Confirmation of some of the press reports (greeted at the time of publication by artful denials on the part of Campaign officials) concerning the extent of the espion- age operation has come in a letter reporting.the pre- liminary findings of the Senate Judiciary Committee's . Subcommitte on Administrative Practice and Procedure. In that letter to Chairman Eastland, Sen. Kennedy reports, that the committee's Information '.'strongly indicates that A wide range of espionage and sabotage activities did occur during the recent presidential campaign." The Ken- nedy letter goes on to note close White House contacts of one of the "key participants" and also indicates that some of the financing was arranged "through a key Re- publican fund-raiser who is a close associate of President Nixon's." Finally the Kennedy report notes that neither the criminal investigation nor the administrative Inquiry .conducted in the White House "included any substantial Investigation of the alleged sabotage and espionage opera- tion" apart . from those surrounding the Watergate Incident. But, even more than that still remains on the table. ,The trial brought out the fact that an amount close to a quarter of a million dollars was made available for the "Intelligence operations." Even the operations scrutinized case were brought out at trial; and added: "I felt that neither L - - the government nor de- fense asked Mr. Sloan any, questions" On the basis of Sloan's ap= pearances on the, witness- stand, said Sirica, "I have great douht?thnt Mr Sloan has told' us the entire truth in this case. I will say it now and I Indicated that during the- trial." According, to investilinLive sources. S l o a n had made known that he would willingly testify about all money alleg:. edly spent for undercover op erations, who authorized the, 'payments and who received' them. However, government prose= cutors told him before he was' called as a witness that such, testimony was unnecessary to, prove their case, the sources said. They reported that the prnseoutinn told Sitoot he would he asked only about that General Mitchell, the Prest-, dent's campaign manager. In his statement yesterday,, Sloan said: "I state categori-: cally, as I have previously un- der oath, that I had no fore- knowledge or involvement in the so called, Watergate affair. , .. I have fully answered all questions put to me before the federal grand fury and at thg Watergate trial Itself, includ? in all questions asked by Jud o Mifim" at the trial were something other than purely defensive Intelligence gathering. Tom Gregory testified about how, he attempted to penetrate the highest levels of the Muskie and the McGovern campaigns. And at whose authority was all of this financed? Judge Sirica elicited the fact that John N. Mitchell and Maurice Stans verified the' authority of the deputy campaign director to disbut? . huge amounts of unaccounted cash for the intelligence operation. Yet the trial. leaves the Impression that no one In authority knew how that quarter of a million dollars was spent, and to this day, the bulk of that money is unac- counted for. It leaves one a bit breathless to contemplate the expenditure of that kind of money with no one In a responsible position knowing what it was going for in . the campaign of a President who prides himself on being. an efficient administrator. That puzzle too is still on the table. Thus, Judge Sirica's question .about the authorization. for the expenditure of the money ant the purposes to which it was to be put are basic. Two of Mr. Nixon's closest advisers, a former Attorney General and a former Secretary of Commerce authorized the payments. But how much did they know? What did they think the money was buying and -how did they think the informa- tion some of It had purchased had been acquired? Who else knew about this and how high in Mr. Nixon's coun- cils were they? And, for that matter, are some of them still there? These are important questions not simply because curious circumstances elicit large amounts of curiosity, but because the higher the authority for all of this dirty business and the broader its scope, the more the electoral process was mangled. And the `questions are important because the integrity of the government and its investi- gative and reporting operations are very much on the line here too. Finally, it Is important because It is necesr nary before the next election, for the Congress and for the people to draw some lines between what is legitimate campaign conduct and what is criminal behavior and to decide what to do about huge amounts of cash sloshing around in presidential election campaigns. The trial is over. But heavy questions still remain and a great many thoughtful, people are ashamed by what we have learned. But it is "even worse than that when one contemplates Sen. Mansfield's basic truth, "The question is not political, it is constitutional." Therein lies the essence and the importance of the task that congressional investigators will probably have to complete if the public is ever to be told the truth about this demeaning and destructive business. $234,000 received by Liddy and. whether Magruder had ap: proved disbursement of the money-and not about Stans,' ;Mitchell and other presiden teal aides and advisers.' , .. It was shortly after the pros? ecution had- asked Sloan about, Magruder's approval that Sir? lea began asking his own ques-. tions and elicited the testis mony about former Commerce, Secretary Stans, the financo OltttirHiltlt n till, Nixoit emit-, paign, and former Attorney Approved For Release 2001/08/07 : CIA-RDP77-00432R000100090001-7 Approved For Release 2001/08/07 : CIA-RDP77-00432R000100090001-7 WASHINGTON STAR 4 February 1973 Iff . dprovLd For Release 2001/08/07 if iAeRl9fPftrdSd4 RbfV08090001-7 Approved For Release 2001/08/07 : CIA-RDP77-00432R000100090001-7 tential defendant. ' ' ' I "We made the judgment to prosecute and 'convict them first," Mr. Silbert said. "Then it's a matter of record." He explained that even If a new trial were ordered 'by a, higher court in the Watergatef case, the Government could 'still use all of ! the testimony given against Liddy and Hunt. But if the men had been al- lowed to appear first before the grand jury and granted im- munity, Mr. Silbert said,, "There would have been long series of, hearings to satisfy the court [in their trial] that what we wanted to use against them did not come from what they said in the grand jury." "We might have.been ready to take this risk," the prosecu- tor added, "if we had had .very strong evidence to indicate that there were other people involved. Our feeling was that if we lost Liddy and Hunt, we would come out with,egg on our faces." Another concern, he said, was the possibility that the defend- t973 [ants , even if granted immunity, would refuse to testify before the grand jury and thus risk contempt proceedings. The de- fendants thus far have refused to discuss their activities with Federal investigators. i Other Government sources said that the defendants may 'decide to cooperate after sen- ,tencing, in the belief that'their cooperation would help result in reduced prison terms. Mr. Silbert noted that pen4- ing any ?urther information-?-- the reconvened grand jury would not consider any aspects Of the alleged spying and sabo- The Watergate affair will not be quenched If the Watergate trial neither lasted as long as the judge expected nor revealed as much as he had hoped, it is also not the end of the affair. Various civil suits and counter-suits have become active again now that the criminal trial is over. The rumour mills go on grinding, feeding to the press scraps of information that link different curious features of last year's presidential election campaign to each other, and some that throw doubt on Presi- dent Nixon's assertions of last summer that the White House had nothing to do with any of it. But the Senate's investigation will most likely dominate the next phase of the Watergate affair. Senator Sam Ervin of North Caro- lina, who moved the resolution early this week to set up a select committee of Senators " on presidential campaign activities," and who will he its chair- man, is a Senate elder with a stupen- dous reputation as a guardian of the Constitution. Putting the matter in his hands was a good way for the Demo- cratic majority in the Senate to ward off reproaches of partisanship. The Senate Republicans decided not to oppose setting up the inquiry but contented themselves with amendments to make sure that their own side would be adequately represented and their interests protected. " We do not want a narrow, partisan, witch hunt," said Senator Tower of Texas : but Senator Ervin is a hard man to accuse of partisan witch-hunting. While the Republicans in Congress naturally do not like the inquiry and would be glad to see the whole affair forgotten, their feelings about what happened are mixed. Whoever organised the under- cover campaign activities of which the bugging and .burglary of the Demo- cratic offices in the Watergate were a part, it was not the Republican National Committee and it was not done for the sake of getting Republican Senators and Congressmen elected. The money that was so liberally handed around for use by the Water- gate irregulars and the other under- cover agents came from the Committee to Re-elect the President, not from the Republican National Committee, which seems to have been neither consulted nor informed about what was going on. There is no reason to suppose that the committee, if consulted, would have approved. If the undercover operations had a thought-out strategic purpose it was to confuse and eventually demolish the Democratic party as a presidential campaign force, and that is precisely what happened. President Nixon won a splendid victory, the congressional Republicans did poorly, and they are left as the weaker half of a weak Congress facing an overwhelmingly strong President. Loyal as ,many of them are to Mr Nixon, this outcome cannot have been what they wanted. The Ervin committee will have all the powers that the Senate can give it, but nobody can say how effective these will -be when it comes to questioning President Nixon's dwn immediate assistants. Much detail about what happened has come to light, but the authority that caused it to happen and the intention behind it are still veiled. Judge John Sirica, the senior judge of the federal district court in Washington, who conducted the trial which ended last week, declared him- self determined to get to the bottom of questions like this, but he came up against a blank waill. Judge Sirica is not known as the keenest legal mind in Washington or as a champion of public causes. A Republican appointed to the bench by President Eisenhower,' he evidently-felt that his own reputation required him to find out rather more than either the prosecution or the defence in the trial was willing to tell him. On trial were, five men caught red-handed in the Democratic National Committee's offices in the Watergate building ona night last June, together with two others to whom the trail im- mediately led. An eighth, who. was across the street at the time in the hotel room where the intercepted Democratic traffic was monitored, was granted immunity and became a prose- tage operations since the Jt4tice' .Department has determined, based on available evidence, 'that Mr. Segretti's reported ac- -tivities violated ' no laws; The New York Times reported today that Dwight L. Chapin, a former White House aide, has told the F.B.I. that he was in- volved in financing some aspect of Mr. Segretti's operations. Mr. Chapin, who resigned ast week, was said to have dl' eoted Herbert W. Kalmbach, Pre4lent Nixon's personal attorney, to make cash ' payments to Mr. Segretti. cution witness. This was Mr Alfred Baldwin, a former agent of the Federal Bureau of Investigation who had joined the intelligence team formed by the two most important defendants, Mr Howard Hunt and Mr John Liddy. When Mr Baldwin talked at length to the Los Angeles Times last year his memoywas excellent, but when the trial came it failed him, notably about the name of the person to whom the Watergate intercepts went. None of the defendants chose to give evidence, though five were interrogated by the judge when they decided to plead guilty. Judge Sirica wanted to know how they got involved in the affair in the first place and what they thought their activities were for, but he never found out. He wanted to know what or who had induced them to plead guilty, but he never found that out either. Prosecutors and defending lawyers both objected to his asking such questions as these. A striking harmony prevailed, indeed, between prosecution and defence : this was in part because the original lawyers for several defen- dants,threw up their briefs when their clients changed their pleas to guilty. Where acrimony arose, it was between prosecution and defence on thej one hand, and the judge on the other. Five of the accused concurred heaiiti'ly in. almost everything the prosecution said, while allowing its contention that they had " gone off on their own," acting without 'higher authority, to go unanswered. They had had a bit of bad luck but were not fighting it. The implication 'that if they behaved correctly, then somebody acting for their former employer, the presideiltiall re-selection committee, would took after .them was in the alir, and in the press, and evidently it was in the judge's mind, but it was not in the evidence or the pleas. It has occurred to Senator Ervin, whose committee will 'have among its tasks to find out if bribes or threats played any pant in inducing them to plead , guilty or to keep their knowledge dark.' Money, but;d'led up in suitcases pro- cessed through Mexican banks, found on the persons of the defendants in wads of crisp new $100 bills, kept in a ,safe in the President's campaign offices and apparently issued to under- cover agents without instrudtions for use or requirements of accounting, is Approved For Release 2001/08/07 : CIA-RDP77-00432R000100090001-7 have said that. Hunt also inves- tigated for the White House leaks to the news media. Hunt's other job in 1971-72 was as a writer at the Robert R. Mullen & Co. public rela- tion firm, 1700 Pennsylvania Ave. NW. Robert F. Bennett, president of the Mullen firm and the person who suspended Hunt from his job after his name was linked to the June 17, 1972, Watergate break-in, has said that Hunt was not do- ing Kennedy research as part of his public relations assit n- ments. i Included in material Hunt checked out of the White, House library was a book called "Bridge at Chappaquid- dick," by .Tack Olson. In the telephone interview yesterday, DcMotte said Hunt had asked him to read the Ol- son book, DeMotte said he then read it, and Hunt called him to see if the hook jarred` his memory on any significant details about Kennedy or Chappaquiddick Island, where the automobile accident oe- cured. He said it did not., DeMotte said that some time after the 1969 Chappa- quiddick accident, he went to John Volpe, who was then Sec- retary of Transportation, to (speak about the Kennedys. At the time, DeMotte was working in the congressional 'relations office of the Depart- "I thought maybe I had some information," DcMotte. said. "We met for maybe a half-hour and he pretty much. felt I was wasting his time." ' . ' DeMotte said he and Hunt talked from 5:15 to 7:30 p.m.- tin the Providence motel room' rented by Hunt, and had sup- per and a drink. "Hunt was. dressed in sport clothes," De-', Motte said, "a hell of a James" Bond operator." After their meeting. De-, Motto said, "I spent a restless' night and.tried to find him the next morning for a cup of cof- fee, but he was gone." Vild@Vill sources have sold 1"-~ (tttnlH)tence-uathtrlitjj recruiting campnit pprov For to ease If001/08/01 1 l'~-RTY07 2001011 dou Approved For Release 2001/08/07 : CIA-RDP77-00432R000100090001-7 pervasive in the Watergate affair. Tracking the movement of money has been one way in which the ramifica- tions of whait might otherwise have been soon forgotten as an isolated escapade have been brought, if only parttia)ly, to Might. Judge Sirica did find out something by questioning the former treasurer of the re-election campaign, Mr Hugh Sloan, who said he had given Mr Liddy, then the committee's finance counsel and now one of the defen- dants, $ i 99,ooo to finance his ' opera- tion. This was pant of a 4arger fund for secret campaign operations : Mr Sloan mer>+ttioned $250,ood, butt the Washington Post claims to have infor- mation that the real amount expended on spying on the Democrats and dis- WASHINGTON POST 10 February, 1973 rup'ting their campaign was not less than $750,000. Others have mentioned larger sums. A good deal of this money was never accounted for either in the domestic accounts of the Nixon cwn- paign or in the returns which the cam- paign committee, like other political organisations, was obliged to make to the General Accounting Office, an organ of Congress designated in the federal election campaign act of 1971 as the authority to which presidential campaign finances must be reported. Because of facts brought to light by the Watergaite affair, the presidential campaign finance committee was fined $8,ooo last month for a failure to keep proper accounts on a matter of $29,300? Since President Nixon's campaign finance organisation, through its,many branches, seems 'to have cd1lectec `about $5om and finished -the year with a surplus' of $4.8m in hand, it can presumably bear a fine of $8,ogb with equanimity. A new round of wprrying about the adequacy. of 'the campaign finance law is inevitable, alid the Ervin committee may well find some- thing to say on the subject : ;;one of its duties is to consider whether its' inquiries suggest a need for., V new congressional legislation to sauard the electoral process by 'which -the President of the United States is chosen." The first year of the 1971 act turns out to have been a year in which campaign financial scandals were even more blatant than usual. Hunt dried to recruit Agent To Probe Sen. IW ;r Life By Bob Woodward and Carl Bernstein Washington Post Staff Writers During the same month that Watergate hugging conspira- tor E. Howard Hunt Jr. started work as a White House consultant, he traveled to Providence, R.I., under an as- sumed name and' tried to re- cruit a government employee to investigate the private life of Sen. Edward M. Kennedy (D-Mass.).. , Clifton DeMotte, the govern- ment employee, said yesterday In a telephone, interview that he met Hunt, who used the alias Edward Warren, in a Providence motor for a two- hour, tape-recorded interview sometime in July, 1971. Hunt has said in a sworn statement that he began work- Ing at the White house for special counsel to the Presi- dent Charles W. Colson "on or about July 6, 1971." The White House said at the time of the Watergate bugging last'"June that Hunt worked on declassif- ying the Pentagon Papers and on narcotics intelligence. ? DeMotte, who has been fa- miliar with the Kennedy fami- ly.'s.activities in Massachusetts for'more than' a decade, dating, .to a' time when he worked in Hyannis Port, said Hunt asked him about. various activities of Kennedy, including the 1969 Chappaquiddick automobile accident. "Hunt, using the name Ed Warren, wanted to know if 1'd heard of any women-chasing by the Kennedy boys ... if I'd heard of any scandal-type ma- terial," DcAlotte said yester- day. . "I think this (the interview) was a prelude to' embark on a major campaign against Ken- wanted me to do work on Chappaquiddick ... he offered to pay only expenses." DcMotte said he turned Hunt down, and that he re- peatedly asked Hunt who he was working for and Hunt would only say that he was working for "a group" that he refused to identify. Federal sources said De- Mot,te gave essentially the same account of hunt's visit, to the FBI. DeMotte said that he could not remember the exact day Bunt tried to recruit hint but recalled that, it was during man Motor Inn in Hyannis Port, in 1960 when the late President Kennedy used the hotel, as a press and staff headquarters for the presiden- tial campaign. DcMotte is now a GS-12 fed- eral employee for the General Services Administration whose job is to dispose. of ex- cess government property at a Navy construction battalion center in Davisville, R.I. DeMotte said lie had no first-hand information to give Hunt on the Kennedys, but that he did provide "information on hell-raising" by staff members.. July, 1971, but after July 4, it) addition, DeMotte said ? 1971. At the time, Kennedy was generally considered by the White House to be the strong- est possible contender against President. Nixon in the 1972 election. The Washington Post reported last July that it had been told by White House cm- .ployces that Hunt was work- ing there on Kennedy re- search late in the summer of 1971. During the Watergate trial 'last month, in which Bunt pleaded guilty to all charges against him, extensive evi- dence was introduced to show that Edward Warren was the' alias Hunt used during the Watergate conspiracy. DeMotte's statement is the first indication that Hunt was using that name almost atiyear before the June 17, 1972, Watergate break-in. DcMotte said that he did not realize that "Ed Warren" was Hunt until he was con- tacted by the FBI last year about several phone eal]a hunt had made to him. He ant. A spokesman last July said he Identified Hunt noted that he was the author through pictures. of some 40 books and "could that he had "strictly hearsay information on the Kennedys themselves - involving "real swinging parties" and "booze" -that he gave to Hunt. DeMotte said he tried to "persuade Hunt that it was ,a waste of time to come up, but he insisted:" He described Hunt as someone who ap- peared to be "either dedicated to the country, the 'group' or himself-T couldn't tell which." l:.ast summer The Post re- ported that three sources said 'Hunt showed a special interest in Kennedy's Chappaquiddick' accident. as far back as the summer. of 1971. Jane F.' Schleicher, a White house li-. brarian, said . Hunt checked .out "a whole bunch 'of mate- rial" on Kennedy and the 1969 accident in which Mary Jo Ko- pechne. a passenger in Kenne- ,dy's car, was killed. The White House has denied that Hunt was doing Kennedy research as part of his official Approved For Release 2001/08/07 : CIA-RDP77-00432R000100090001-7 operation that was being run by Hunt and G. Gordon Liddy, a former White House aide and coconspirator in the Watergate bugging case, in- volved-among other things- collectimg data on the per- sonal lives of Democratic presidential contenders. In a sworn deposition taken Aug. 29, 1972, in the Demo- cratic Party's $3.2 million civil suit arising out of the Water. gate bugging, Hunt's attorney, objected, to the attempts byl, the Democrats' attorney to ask Hunt about Kennedy. According to the transcript, Hunt's attorney, William O.; Bittman, said it was' "outrageous" and an attempt! to "sensationalize this case by ' interjecting Kennedy'si name. 1 The following took place of- ter Edward Bennett Williams, the Democrats' attorney, asked: "While you. were work- ing with Air. Colson, Mr. Hunt, did you do research on Sen. Edward Kennedy ., of Massachusetts?" Mr. Bittman: "I object tol the question and instruct him not to answer it. Again, I do not see how that question can, be in any way whatsoever rel- evant to this lawsuit. It strain's my imagination to believe that' that kind of question can he' relevant, and' i assume thau the only reason it is being in terjected into this proceeding, is that at some point, hope fully, to sensationalize this case beyond its present pos- ture, Air. Williams." Air. Williams: ' No, it is not, 'Ali'. Bittman. This case does not need to he sensationalized, and I do not want you to im pugn my motives any more. I ,have not done that with you. I said what You were doing had the effect of obstructing the., orderly processes of these de- positions. I did not impugn your motives. "I do not enjoy your im- pugning my'motives, and I do not want you to do' it again in the course of these depositions or evei- after." Mr. Bittman: "Mr. Williams, I will make whatever state- ments I believe are appropri- ate on this record, and I will not let you intimidate me. "I believe the interjectin of Sen. Kennedy into this pro- ecdin:; is outrageous. It cannot be possibly relevant in any way whatsoever, and on behalf of my client I will make what- ever objection I think is ap- propriate, and I am sorry that you take offense to it.". Mr. Williams: "You decline to,answer the question, is. that WASHINGTON POST 10 February, 1973 'W illiccnc S. White correct, Mr. Hunt?" Mr. Hunt: "I decline to an. swer the question on 'the ad- vice Qf counsel." 'The relationship between Hunt and Colson has been the siibjet:t of a number of appar. ently contradictory ' state- ments. Both men confirm that they have been good friends for several years. Last June 19, when Hunt was first linked to the hug- ging, the White House person- .net office identified Huntos a consultant to Cblson, who' has been one of Mr, Nixon's most powerful advisers and who is leaving the White House next month for private law prac- tice. ? Within hours, after the per- sonnel office's statement, offi cial White House spokesmen said that Hunt had been hired on Colson's recommendation but. that he did not work for Colson. Hunt's work, the spokesmen said, dealt with the Pentagon Papers and narcot. ics intelligence. In a swoi'n deposition taken' last summer and made public this week, Colson said it was his idea to bring Hunt to the White House and that Hunt worked for him for several' weeks. Hunt said in his own depo- .e Campthgn Spy Probe IMPROBABLE AS it sounds, there is a fair chance that the Senate's forth- coming Investigation of alleged wide. spread campaign spying by the Repub- licans in the 1972 Presidential contest may serve the public interest. , This happy result can be reached, r a n t e d some pre-conditions. First, ,,the Democrats must' heed the wise- and genuinely meant-admonition of .party floor leader Mike Mansfield to 'avoid narrow partisan and ideological ,politicking. Second, President Nixon must turn .the White House staff loose to testify dully, the doctrine of executive privi- lege nothwithstanding. "Executive privilege," of course, is a phrase to de- scribe any President's right (and even duty) to maintain the confidentiality of certain kinds of in-house communica- tions with his associates, no matter what 'Congress' may think about it.' Technically, to be sure, this privilege can be read to cover almost anything. As a practical matter, however, it is meant only to prevent irresponsible 'disclosure of truly vital White House matters-such as, say, strategic and in- conclusive military or foreign policy i'plans discussed between the President "and others-where telling all to Con- 'gress would harm the country and 'help nobody except possibly a foreign 'enemy. Third, the Senate ' Investigators must put upon themselves-and no- body else can or will do it for them-a proper sense of restraint and perspec- tive and not reach and proclaim ver- dicts before the evidence Is all in. The truth is that the resolution authorizing this half-million-dollar inquiry is wind- ily long, far too open-ended and al- most as solemnly portentous as though a plot threatening the very life of the republic were involved. One of the dozens of powers handed to the investigating committee, for ex. ample, is to search out "any fabricat- ing" dissemination or publication of any false charges having the purpose of discrediting any person seeking nomination or election as the candi- date of any political party to the office of President of the United States in 1972." Now, every American beyond grade school age knows that what is "false" and what is "true" in a political cam- paign Is often in the eye of the be- holder or, to use, another anatomical metaphor, it all'depends on whose ox is being gored. In its proper zeal to protect the civil right not to be bugged-the bugging of Democratic headquarters In the Water- gate Hotel being a prime target of .in- quiry---the Senate must consider an- other civil right. This Is the ancient right to free (not to say at times very, very free) political expression and pub- 14 sition that he worked for' Col- son the entire nine months of his White House stay. 4 GWIly in H'rter-gate I)enie(l Bail RPdlnctiQn Foie' defendants /Iwho pleaded guilty to the chorges against them in the Watergate. bugging trial and were iilpris- ?oned pending sentencing have been denied a redu9ticyn in bail by the U.S. Coui'of Ap- peals. 1 The four men-Virgiiio R. Gonzales, Bernard L. barker, Frank A. Sturgis and Eugenio R. Martinez - were ordered confined in.' lieu of $100,000 bond' each ;by Chief U.S, .Dis- trict Judge John .1. Siriia after they pleaded -guilty to conspir. acy, burglary and illegal wire- tapping and eavesdropping:. ., All. four men, who are from M.ianu, were arrested Inside the Democratic Party's Water. gate headquarters in the early morning hour of June 17. The appellate court's decision :came in a brief, unsigned opin, ion by Circuit Judges Harold 'Leventhal, Spottswood W. Robinson III and George r, 'MacKinnon. According to , a notation in 'the opinion; A5ic- Kinnon favored setting bail at ' ?$60,000. , lication. Too, it will be unfortunate if the outraged howls of the Republi- cans that they, too, were spied upon, in. both 1968 and 1964, are simply shrug- ged off by the Democrats. If it was a sin in 1972 it was a sin in those earlier years. And, In any case, the only jtisti-' ficatiop for giving this business of the Watergate scandal the dignity of a full dress -Senate investigation in the first place is to assure the public of an im- partial inquiry determining whether our basic political processes are truly subject to serious perversion. The prospective chairman of the in-_ quiry, Senator Sam Ervin (D-N.p.), is a distinguished lawyer, a former trial judge and a fair-minded man all -around. He will need, however, to be constantly vigilant not over his own conduct but rather over the conduct of the staff investigators who will sur- round him. Such specialists do not en- ter affairs of this kind with all the ob- jectivity of a Supreme Court Justice. Nor do they traditionally abstain from the Gad-ain't-it-awful approach to the evidence which they assemble and present to the senators themselves. To put the ease as delicately as pos- sible, they are not deeply intent on clearing any suspect, anymore than is the average young assistant district at- torney who has his way tip the ladder still to make. an 1913, united Feature fly ndicnte Approved For Release 2001/08/07 : CIA-RDP77-00432R000100090001-7 Approved For Release 2001/08/07 : CIA-RDP77-00432R000100090001-7 NEW YORK TIMES 11 February 1973 NIXON'S ATTORNEY TIED TO FUND ROLE Witness Says Kalmbach Was Principal Money Raiser By BEN A. FRANKLIN Specie) to The New York Times WASHINGTON, Feb. 10 Herbert W. Kalmach# President Nixon's personal attorney has been inscribed in court papers here as "essentially the prin- cipal fund raiser" of Mr. Nix- on's 1972 re-election campaign until last February. At that time, former Secre- tary of Commerce Maurice H. Stans publicly assumed direc- tion of the President's campaign finances. Mr. Kalmbach, a wealthy 51- year-old Southern California lawyer, is a partner in the Los -Angeles and Newport Beach firm of Kalmbach, De Marco, Knapp & Chillingsworth. He was previously identified in sworn testimony and in news accounts, none of which he has disputed, as the chief solicitor of hundreds of thousands of dollars for Mr. Nixon's cam- paign from the dairy farm in- dustry. He was also identified as one of five persons au- thorized to approve payments from the Republicans' secret political espionage fund. . But until late yesterday; with the release of testimony 'by Hugh. W. Sloan Jr., 'a former White House aide who' is. a former Kalmbach associate and former treasurer of'the Finance Committee to Re-elect the Pres- ident, the extent of Mr. Kalm- bach's fund-raising responsibili- ties had not been widely known. Deposition Filed in Court Mr. Kalmbach has refused re- quests for interviews and has declined to return newsmen's f telephone calls. He could ' not ,be reached today. Mr. Sloan's testimony, given here last Dec. 26 in a closed in- terrogation, or deposition, be- came public when it was filed An the United States District Court yesterday afternoon by William A. Dobrovir,. a lawyer for Ralph Nader, the consumer ;advocate: Mr. Dobrovir has been. con- ducting pretrial examination of ,witnesses in a lawsuit brought by Mr. Nader more than a year !ago. The suit seeks to 'reverse .the Nixon Administration's multimillion-dollar increase 'in 1971 in the federally regulated price of milk. The suit alleges that the action was an "illegal" result of more than $300,000 contributions to the Nixon re- ,election fund made secretly by dairy farm Interests. Examined by, Mr. nebrovir and other Nador lawyers, Mr. I Sloan disclosed that Mr. Kaim ,'bath recruited him froni"the Whitc House staff in 1971 as a Nixon campaign . -treasurer. Speaking of Mr. Kalmbach in ,March, 1971, at the time the milk industry funds began ar- riving at 100 covert Nixon cam- paign finance committees set up here to receive it, Mr. Sloan said: "He was operating informally yIn charge of fund raising until such time as Maurice Stans as- i sumed that position. So he was 'essentially the principal fund raiser of the re-election effort Mat that point in time." k Witness's Characterization P At another point, Mr. Sloan Nsaid. that in the first eight [.months of.19.71, "I think I can characterize him [Mr. Kalm. bach] as the principal fund raiser for the President." ..... He would buttonhole peo ple?" Mr. Doborvir asked "He would approach them ;for contributions, yes," Mr. Sloan replied. Mr. Sloan also testified that, well before the contributions began pouring in from the "po- litical education" trusts of three giant milk marketing coopera- tives, he learned that they would be in excess of $200,000 and under $1-million. The final known figure for contributions from American Milk, Producers, Dairymen, Inc., and Mid-Amer.- ica Daries, Inc.,. was about $417,000. Mr. Sloan said he had learned, the, prospective size of the gifts either from Mr. Kalmach or; Lee Nunn, another former White. House aide then involved in Mr. Nixon's campaign fund raising; or from Marion E. Hari rison, a partner in the Wash- ington law firm' of Reeves & Harrison, which represented the dairy farm donors. Decision Is Queried `'Asked who had made the Decision to use. nearly 100 Washington-based dummy com- mittees to receive the milk money, Mr. Sloan replied: "Probably Herb Kalmbach, or Lee Nunn." The committees, with such names as Americans for Better Government, did not report the receipts, but the donors ulti- mately reported on their dis- bursements. The pretrial deposition of Mr. Harrison, the milk groups' lawyer here, was also filed yesterday. ' In It, Mr, Harrison disclosed that, in seeking to win higher milk prices ,for his clients, he met, sometimes pri- vately, with Secretary of Agri- culture Clifford M. Hardin "less than 16 times" between Jan. 1 and April 1, 1971. He said he also called on at least five top White House aides who might have had contacts with the Secretary. ..,_Mr. Harrison said that he ac- companied about a dozen dairy farm leaders to a White House meeting with Mr. Nixon on March 23, 1971, after which the Agriculture Department's' Menial of a milk price rise was. reversed. NEW YORK TIMES 12 February 1973 FEDERAL INQUIRY ON SEGRETTI IS ON By JOHN M. CREWDSON Speofal'to'rhe New York Times WASHINGTON, Feb. 11-The 'Justice Department has begun an investigation of Donald' H. Segretti, the young California lawyer who allegedly 'directed a political sabotage effort on behalf of the Republican 'party during last year's Presidential campaign. Officials of the Justice De- partment's Criminal Division had said as recently as three weeks ago that they believed, on the basis of interviews with Mr. Segretti last summer, that his activities were probably legal and did not merit a full investigation. An Administration source) confirmed today, however, that!* the department's fraud unit was now looking into the pos-', sibility that Mr.'Segretti might' ,have violated it Federal statue; that makes it illegal to print or: distribute political literature that is unsigned or that bears' the unauthorized signature of a candidate or poliitcal group. It was not learned why the Justice Department, which :knew about Mr. Segretti as early as last July, had waited' until now to begin' a formal in- vestigation. Attracted by Calls The Federal Bureau of Inves- 'tigationwas initially led to Mr. Segretti through a number of long distance calls placed his telephone from phones in. the home and office of E. Howard Hunt Jr., a former White House consultant who ' ' recently pleaded guilty to charges of conspiring'to tap, telephones in the Democratic Party's Water. gate offices. A number of Mr. Segretti's friends and acquaintances have .said that he asked them in late 1971 or early last year to act as informants for the Repub. liens while posing as campaign workers for various Democratic Presidential candidates, or to assist him in otherwise disrupt. ing the Democrats' efforts. Since all of those who have reported being approached by' Mr. Segretti have denied ac- cepting his offers, it is not WASHINGTON POST 9 February, 1973 Nixon Aide Denies Getting 'Bug' Data Charles W. Colson, special counsel to president Nixon, said yesterday that he never, received any wiretapped in-! formation In connection with the Watergate ' bugging or other spying against the Detn-, ocrats. I An article In yesterday's Wnsiltingttni Peat ,toted tlirit~~ It, a deposition before Demo, eratle attorneys last summer, Colson declined to answer whether he had receivedAn- known precisely what sort of operation, if any, was conduct- ed by him. Justice Department officials would not say which of his,ac- tivities were being looked, in- to or whether any evidence of wrongdoing had been uncov. ered. ; The New York Times report. ed last week that Dwight L. Chapin, President Nixon's ap- pointments secretary, ha told the F.B.I. that he dire~ttd~ Her. bert W. Kalmsbach, tl1e, Presi- dent's personal attorney,; to pay Mr. Segretti for his pare- in the alleged sabotage ode. ration. Other reports have put the sum involved as high as $35,000. Reported Asked To Leave Mr. Chapin, a classmate of Mr. 'Segretti's at the University of Southern California in the early 1960's, has reportedly been asked to leave the White House staff because of news. paper reports naming him. as Mr. Segretti's contact in the Administration. Indicates No Call One Congressional source, told of the Justice Department investigation, speculated that the Nixon Administration might be planning to use it as an ex- cuse not to turn over certain investigative, files to a special Senate committee set up last week to look into the Water- gate bugging case and the al- leged sabotage operation. But a Federal official said said, as far he knew, the Gov- ernment still intended. to keep its pledge to cooperate . fully with the committee, which will be headed by Senator Sam J. Ervin Jr., Democrat of North Carolina. Mr. Segretti was called 'be- fore a Federal grand jury last summer. But he was not in- dicted nor did his name come up at the recent criminal-trial in which five men pleaded guilty and two were convicted of bugging the.. Democrats' headquarters in late May and early June of last year, . Earl J. Silbert, the principal assistant United States attor. ney here who was in charge of the prosecution at the trial, indicated last week that, based on the Justice Department's de. termination that Mr. Segretti had violated no laws, he would probably not be called before 'a renewed grand jury inquiry into the Watergate case. formation from a "confidential informant" after lie was told that the term is frequently used to refer to information) obtained through wiretapping.. Colson said on the Today; Show (WRC-TV) Yesterday that he would have been "perfectly happy to answer" the question but lawyers "all" agreed that I should not an- swer." Ile criticized The Post for falling to r tint 611Y of the Itt'olimliigity llie~ttrthi011 fltltt, wean the lawyers) that led Up to my refusing to answer that question," and said. "I never saw any such information." Approvgg For Release 2001/08/07 : CIA-RDP77-00432R000100090001-7 7,pQ4,0100090001-7 WASHINGTON POST Approved For Release 2001/08/07 : C~1~5R 1. J J 15 February, 1973 7 FEi) 1973 R alergage Jury Data` Sought by' ,den. Arvin By Lawrence Meyer Washington Post Staff Writer Sen. Sam J. Ervin Jr. (D- N.C.) has asked Chief U.S. District Judge John J. Sirica to turn over the grand jury minutes and sealed transcripts of the Watergate investigation and trial to the Senate select committee investigating the Watergate bugging and allega- tions of related political espio- nage. Ervin's request, for which there is no legal precedent ac- cording to a memorandum filed yesterday by the U.S. at- torney's office here, was made in a letter to Sirica dated Feb. The memorandum, filed by principal assistant U.S. Attor- ney Earl J. Silbert, supports Ervin's request but raises ques- tions about whether Sirica has the legal authority to grant it. "With respect to the grand jury minutes," Silbert said, "the United States has no objection to their release to the select committee . In- deed, because there are those who have.publicly questioned the integrity of the investiga. tion and prosecution of the Watergate case and because of the unique nature of this case, the United States favors their disclosure to the com- mittee so that the nature of the investigation . . . will be subject to scrutiny and there- by aid the ends of justice.. . "'The United States favors this disclosure notwithstand- ing the traditional secrecy surrounding grand jury pro- ceedings . . . " Silbert said. The Watergate trial, which began with seven defendants on Jan. 8, ended on Jan. 30 with conviction of two defend- ants on charges of conspiracy, burglary and illegal eaves- dropping and wiretapping ,stemming from the June 17 break-In at the Democratic Na- tional Committee's Watergate headquarters. The other five defendants, including former White House aide E. Howard Hunt Jr., pleaded guilty to the same charges earlier In the trial. The two defendants who were convicted were 'G. Gordon Liddy, also a former White House aide, and James W. Mc- Cord Jr., former security di- rector for the Committee for the Re-election of the Presi- dent. In his brief letter to Sirica, Ervin also asked that sealed portions of the trial transcript also be made available to the seven-member, bipartisan com- mittee that was established Feb. 7 to conduct a broad in- quiry into charges of political espionage and sabotage. Although Silbert's memo states that the government fa- vors turning over the grand jury minutes, the brief con- tinues to say that "we feel ) obliged, as officers of thel court. to point out to the court for its guidance the limitations imposed by the law with re-1 spect to disclosure of ?grand jury minutes." Silbert cites three instances) in which grand jury minutes may 'be disclosed and finds that none of the examples ap-I plies. Silbert said he analyzed the circumstances under which grand jury minutes may be disclosed and found that none is applicable in this case. Addressing himself to Er- vin's request, Silbert says, "There is no precedent for such a release. In fact, our research 'has not uncovered any case in which the Issue has been raised or resolved." After the trial was over, Sirica,. who hqd. expressed hope before and during the trial that the prosecution would "get to the bottom" of the Watergate incident, said publicly that, "I have not been satisfied and I am still not satisfied that all the pertinent facts that might be available have been produced be- fore an American jury." Sirica said he hoped that the Senate committee "is granted the power by Con- gress ... to try to get to the bottom of what happened In this case." ' al 1J \sJ Rb yf' Y 31 14"\\' ~'Oi2K man Mailer is 50 years old and has dreams'of policing the police. At a party to celebrate his golden birthday, the controversial author an- nounced his plans for "The Fifth Estate" a foun- dation he said would orga- nize money and people to investigate A he FBI and the CIA. It was heavy news for a crowd of almost 600 guests, who had paid' 8 i0 Alonday night to hear "an announcement of national :Importance," to drink and ! eat at 'New York's Four Seasons Restaurant, and tn. gape at celebrities stich as Bernardo Bertolucci, di- rector of "The Last Tango In Paris," former Sen. Eu- gene J. McCartli?y (D- Al i n n. , writers Pete r Alaas-"The Valac?.hi Pa- pers" - Jimmy Breslin, and of course, Alailer.. .. "Ooh- Norman Mailer could give a party and C20 onist iUnrray lCcmpton. Murray i cmpton. Finn producer A n d Warhol was takin,e pie lures with his Polaroid camera. \\' G a r i n ,, blt~e jeans, a haphazardly ticei'' maroon how tie and a mot- ley tweed jacket, \Varhol took several pictures of Mailer's mother. "He's so far above other people. lie's a genius. What mother wouldn't be proud"" said Fanny Mai- .ter. . Pei'lolucci ..w a s Su r- rounded 1v beautiful wonicn'.?"1 ani a big friend. of Iailt'r, though this is . the fir. t time that I met him," he said.; Mailer Speaks Mailer, tanned. hint and with a drink in his hand, spoke from the podium. "If someone were to tin a hook about egomandc,es, Muhammad Alt would be in the -first chapter and. Breslin and I mayh in the third. "I've had this idea for a charge admission," said, ? lifetime." said Mailer, as author Arthur Sc?hlesin: he handed Cab ntt~ne~ to get.. his two teen-age dauch- tees to get home. "And nty Robin Ynore, authrn? (if' ',50th l.drthdav seems a "The French Connection,"' gotid occasion to introduce flew In from Las Vegas. lie has a book coming out He said "The Fifth Es- called "The Fifth ]::state" Late" would he a "peoples ? 1,1,1 anti ('l.' ... a demo- ahoul the Mafia and was" cratic,ecrct police to keep worried Mailer would an- tabs on the bureaucratic nounce a book of his own' secret police." by the same name. (lie said Tuesday he would lil?;e to sec Ihoo Word Awaited };roue, mice it is ol?g;anized, None of the guests knew Jnvesti-ate. things like the what. t h e balk-honed an- as assination of John P. nomiccment would he as hcttt;ed - and the Water- the party began. "He's . I I pate i ugl-ing inc?idem. to grnm n ia' e a N rice to- my," someone sag grslcd. ninny and child supurt," a reporter. guessed. "Nor- -man and Jackie have sonx?- thin, going'," j o k c (1 col- determine the Iruth about both events, Reuters re- ported. file added. "We are going to find how far our paranoia is justified.") Approved For Release 2001/08/07 : CIA-RDP77-00432R000100090001-7 Approved For Release 2001/08/07 : CIA-RDP77-00432R000100090001-7 Secrets on trial The much-delayed trial arising from the publication of the Pentagon papers, the secret study of the Vietnam war, is at last under way in Los Angeles. Dr Daniel Elhsberg and this co-defendant, Mr Anthony Russo, claim to be pleased with the new jury which will judge whether or not they are guilty of espionage, theft and conspiracy. The old jury, painfully assembled last summer, looked middle-aged and not conspicuously anti-war. But those jurors were dismissed and a mistrial declared in December because of the long legal deilay incurred after it was revealed that the prosecution had tapped the wires of a lawyer for the defence. The new jury, while not muoh younger, with 1o women and two men, one a badly wounded veteran of 'the war, is more to the defence's liking. Two big questions may be answered by the triad. One is whether govern- ment classifications such as "top secret" have any legal validity, for the United Staites' has no official secrets act. The other ,is whether :the espionage acts can be used to prosecute Americans who have given information to the pu ilic, rather. 'than to foreign agents ; NEW YORK TIMES 2 February 1973 Defense Aide Denies Ordering Cover = Up Of Ellsberg Studies By MARTIN ARNOLD Specitl to the New York Time LOS ANGELES, Feb. 1 - In direct contradiction to another ;witness, a Defense Department official denied in the Pentagon papers trial today that he had 'written a memorandum order- ing that studies of the papers be "removed from the files." Yesterday, and again today; Lieut. Col. Edward A. Miller Jr., a retired Air Force officer,'testi- fied that he had seen such a memorandum, which had been Written, he thought, because the studies involved concluded that disclosure of the Pentagon papers. had not damaged the national defense. But today the man he said had written the memorandum denied that he had. He was Charles W. Hinkle, director of security review for the De- fense Department and formerly Colonel Miller's superior in the Office of Security Review. Colonel Miller: had testified that in the middle of December, 1971, lie -was assigned to ana- lyze nine volumes of the Penta- gon popes. to dote ' rmino If their disclosure had damaged the national defense. The in- formation was to pass from him to his superiors in the Defense this 'is 'the usual action proscribed under the heading "espionage." Dr El'lsberg is accused of -taking 18 volumes of the Pentagon's study of the Vietnam war from ,the Rand Corporation in Santa Monica, where he was employed, of copying them, along with Mr Russo and others (who are not being charged) and giving them to ,the press. The government is attempting to prove that the facts revealed . jeopardised national security. The defence is countering with evidence that much of the material had already been -made public under the imprint of the Government Printing Office. This week the' defence won a considerable victory when it secured copies of secret government studies which state that the disclosure of over half the Pentagon papers did not affect the national defence. Evidence was also given that the government had tried to conceal these studies. The American press is watching the trial with great attention because no one 'has ever before been found guilty of leaking classified information to the press. Although no one before Dr Ells. berg seems ever to have leaked such quantities, his conviction would set a precedent at a :time when the conser- vatism of the current Supreme Court has taken away another of the tice Department to be used in the prosecution of Daniel Ells- berg and Anthony J. Russo Jr. This afternoon, the prose- cutor, David R. Nisson put Mr. Hinkle on the witness stand and asked him: "Had you' assigned Mr. Miller?" ::No," said Mr. Hinkle. "Did you know he was doing an assessment?," the prose- cutor asked. , "I was unaware of It," was -the answer. Mr. Hinkle was then asked if he had ever been told by his superiors, most particularly Jerry W. Friedheim, Deputy Assistant Secetary of Defense for public affairs, to get the Miller analyses removed from the files. "No, not according to my recollection," Mr. Hinkle an- swered. Did he ever. write a memo- randum saying that the anal- yses should be removed from the files? "No,"-he said. "Were the reports removed from the files?" Mr. Nissen asked. "Not to my knowledge," Mr. Hinkle answered. Colonel Miller had testified that not only had he seen 'a 'memorandum saying that his analyses should be removed from the files, but that In a private conversation with Mr. Hinkle he had been told that such an order had been given, and that Mr. Hinkle then add. ed that it he were Colonel Miller lie would keep a ' copy of the material despite the or. Asked if this conversation American press's 'traditiona'l pnatectione -.that of 'refusing to reveal its oonfi. dential sources of information. In Boston, in November, where a grand jury was' looking .into the distnibuti n ' of the Pentagon papers, a Harvard professor; was sent to jail-in chains--- for ,refusing Ito 'tell the -names of people, with whom he had discussed the papers. Dr Ellsberg remains an ambiguous figure. A former defence analyst, or the Rand Corporation, he has not' n taken :tip by ,the anti-war movemel*ftn the ay that the Berrigan b ~ns have." His efforts .to ,raise money J.+ or his considerable ?legzd expenses-?a~put $400,000 since June, 1971,-have been hampered by'the public knowledge that he 'has a very rich wife and by ignor- ance or disbelief of the fact 'that her father,'the toy manufacturer, Mr Louis Marx, has refused -to contribute 'to his son-in-law's defence. Ironically, Dr Ellsberg himself now disdains the part of scholar and intellectual, even though critics have praised his recent book, "Papers on the War," as being a major (and perhaps .his most impor- tant) contribution to an understanding of why successive and very different Presidents intensified the American mvolvvemeat in Vietnam. my recollection." - Mr. Hinkle is a short, round man, who wears a white beard and black rimmed eyeglesses. He has a thick Southern ac-. cent and-a merry face. Yester-1 day, when he walked into court,! he smiled at Colonel Miller, and .the colonel responded by raising his arm high in.the 'air and giving him the V signal with his fingers. Today, Mr. Hinkle, who has spent 32 years working for the Government, mostly in the De- fense Department, was asked by Mr. Nissen his feelings to- ward the colonel. He answered, "I hold him in high esteem." He then underwent cross-ex- amination from Chares R. Nes- son, one of Dr. Ellsberg's at- torneys. The defense has been con- tending for many months that there have been a number of Government analyses of the Pentagon papers-all of them done to determine whether their disclosure affected the national defense. In April, United States Dis- trict Court Judge William Mat- Ithew Byrne. Jr., who is presid- ing over this trial, ordered the' Government to produce, in camera all such analyses and correspondence relating . to them. And ever since then, until recently, the Government has denied the existence of. the an- alyses. Then, after the Govern- ment's own first witness, Frank A. Bartimo, . an Assistant . gen- eral counsel to the Defense De- F rtment, admitted their ex- ence when lie testified on Ali, 19, Me dtiirariiiiia etartta ending over the.. ants yeas to the judge. The Importance of these an- alyses is -that the defense hash been contendingt hhat they coonn-- t en e'th'k e r qV cution has that would tend to prove the innocence of the de- fendants. ' Judge Byrne, who has re= viewed most of the reports, .has ruled that they do contain much exculpatory material and has ordered it turned over to the defense. The defense attorneys had placed particular importance on Colonel Miller's analyses of the papers, because they believed that they could prove that his work had been ordered, sup pressed. If so, that fact in itself would be exculpatory, they held. ' Dr. Ellsberg and Mr. Russo are accused of eight counts of espionage and seven of theft and conspiracy. Thus far, the material declared exculpatory by Judge Byrne cuts across all these charges. To prove. the espionage counts, the Govern= ment'inust first-prove that the alleged illegal actions of' the defendants damaged the nation. al defense. Judge Byrne could throw out some of the' counts against the defendants because of the ex- culpatory material. At the very least, the defendants will be- able to use the exculpatory ma- terial-all 'of it Government analyses saying that the defend. ants' actions did not damage the national defense-to defend themselves before the jury. The jury has not sat In this case this week while the mat- ter of exculpatory material was being thrashed out. 100090001-717 NEW YORK TIMES Approved For Release 2001/08/07 : CIA-RDP77-00432R000100090001-7 Wednesdrn?. Feb.7, 197.3 THE WASHINGTON POST o cevruaLy 84 JUDGE WEIGHING AEUIS By MARTIN ARNOLD special to The New York Timer LOS ANGELES, Feb. 5-The defense in the'Pentagon apers trial asked the judge today to preclude the Government from presenting evidence based on two of. the "top secret" docu- ments in this case. The judge said he would consider the request. . If granted, this would have the practical effect of throwing out two of the eight espionage counts and one of the six theft counts against Daniel Ellsberg. None of the three counts. in- volved Dr. Ellsberg's co-defend- ant, Anthony J. Russo Jr. There 'is also a conspiracy count against..them. { The motion was made by Leonard B. Boudin, one of Dr. Ellsberg's attorneys, on the ground that there exists ex- culpatory evidence In the two documents and that the two documents are the only ones Involved In those particular counts. Mr. Boudin cited as precedent the Federal Rules of Criminal Procedure. One of the documents In- volved is a volume of the 47- volume Pentagon papers and the other Is the 1954 Geneva Accord memorandum. In the indictment against the defend- ants, they are accused of mis- using 18 volumes of the Pen- tagon papers, the 1954 Geneva Accord memorandum and a .1968 Joint Chiefs of Staff memorandum. Involved in Mr. Boudin's motion were count six of the indictment and touts eight and 13. In six, a theft count, Dr. Ellsherg is accused of convey- ing "without authority' one of the diplomatic volumes of thej papers to Vu Van Thai, a for- mer South Vietnamese Ambas- sador to the United States, who came to oppose the war in Vietnam. Mr. Thai has been named as co-conspirator in this case but not a defendant. The name of the volume In- volved. is "The United States- Vietnam Relations 1945-67: Settlement of the Conflict- Negotiations, 1967-1968, His- tory of Contacts." United States-District Court Judge William Matthew Byrne Jr., who is presiding, has ruled that the volume contains ex- culpatory evidence - evidence 'that would tend to prove the Innocence of the defendants. In this case, It consists of the Government's own analyses to the affect that disclosure of portions of the 20 documents in this case, including this volume, did not damage the national de- fense. To prove espionage, the Government must first prove that the national defense was injured. Counts eight and 13 are espionage counts against Dr. Ellsberg. Eight accuses him of "for the purpose of obtaining U.S. Ex' By Sanford J. Ungar Washlncton Post Staff Writer LOS ANGELES, Feb. 6-Al- ,though much of the evidence In the Pentagon Papers trial this week has been documen- tary and dry, the jurors bear- ing the case are paying rapt attention. What seems to attract them is less the substance of the charges against Daniel Ells- berg and Anthony J. Russo Jr. - conspiracy, espionage and theft of government property -than the way those charges are currently being fought out. As If watching a tennis match, the jurors turn their heads back and forth, almost in unison, . to follow the spar- ring between two men of dif- ferent styles on opposing teams, Leonard B. Boudin and Brig. Gen. Paul Y. Gorman. The defense attorney, Bou- din, is a rumpled, disorgan- ized, bemused man who seems alternately like an absent- minded professor and a witty courtroom jester. He is cross-examining prose- cution witness Gorman, who Is natty, precise and proud of having served with the Amerl can delegation at the Paris peace talks. Gorman warns be. fore the answer to every ques tion that "this Is going to take some explanation," and the "explanation" is inevitably ac- companied by elaborate hand gestures aimed toward the Ing the 30-foot space between the witness stand and the law- yers' podium, renders every- one else in the room, even U.S. District Court Judge W. Matt Byrne Jr., a mere specta- tor. Thus far, It seems a stand. off. The prosecution has touted Gorman as an expert In. the field of International rela- tions, who can testify with au- thority on the effects of disclo. sure of the Pentagon Papers. Boudin, however, does not accept that characterization. He asked the general "on Mon. day, "What books on interna-; tional relations have you been reading in the last several years?" "I'd be happy to give you a bibliography, Mr. Boudin," the general shot back with assur-. once. "Okay, name five," said the defense lawyer with his usual smirk. There was a stony silence of at least a minute, while Gor- man leaned back in the wit ness chair, his hands on the la-. gels of his suit jacket. Finally, he listed some books: "The Art of War" and "Dealing with Warfare," among others. "But these books all deal with the subject of war," ob- served Boudin plaintively. "What about international relations?" jury. Now it was Gorman's turn Both men are obviously In. to smile. The man who origi- telligent, quick-thinking and nally introduced himself ' to egotistical. the jury on Jan. 23 as "a Sol- Their confrontation, occupy- dier," said, "these have all information about the national defense" taking the 1954 :Geneva Accord memorandum from the Rand Corporation In Santa Monica. The judge has ruled that there exists exculpatory evi- dence on the accord memo- randum. In count 13, Dr. Ells- berg is accused of unlawful possession of the same volume in count six and of transmitting that volume to Mr. Thai; only in this count the volume is said to relate to the national de- fense, which makes it an espionage charge. L- While Judge Byrne did not rule on this motion, he told the defense that he was not going to let the jury know, at this point In the trial, about the week-long argument over ex- culpatory evidence and the fact that the Government had been: The jury returned to court today for the first time In a, week. Testimony had been halt-I been very Instructive In nlyj work." "Quite right," commented Boudin with a haughty glance toward the 'jury box. Boudin has bedeviled the witness with his use of "hypotheticals"--"If this in. formation had already been public knowledge, what would happen?" "If this book had been published by.the Depart . ment of Defense, would It have more authenticity?" After a time, Gorman fought iback with his own "iffy" an- swer. Interrupted by the judge, the general explained, "I was doing a little hypothetical my- self." ed while the arguments before' the judge over the evidence) Were being presented. Approved For Release 2001/08/07 : CIA-RDP77-00432R000100090001-7 Today, the discussion fa cused on why some passages in the Pentagon Papers were especially sensitive. Gorman asserted, as he had previo isly, that any public discussion of a National Security Council meeting could be "useful" to a foreign power. Boudin Introduced into evi- dence numerous passages from the late President Lyn- don B. Johnson's memoirs, "The Vantage Point," each one detailing what had gone on at an NSC meeting at a crisis point in the Vietnam,war. With a heavy tone of incred. ulousness in his voice, Boudin asked . -repeatedly, "This Information would be of use to a foreign nation?" "Of possible use," Gorman conceded each time. But apparently realizing that he may have:.been. trap- ped Into implying that Mr, Johnson had done ;Just what Ellsberg . and Rtisso are charged with doing; the' gen- eral began adding, "If they had no other source of inform- ation on the subject" Many of Boudln's questions were vetoed by Judge Byrne, But, like any classic cross-ex- aminer, he seemed to get his points across by asking objet: tionable questions and by re- peatedly holding up- the John- son book. At day's end, Boudin ' got Gorman to admit that when he was first asked to work with the prosecution In the Penta- gon Papers case last spring, he appealed to his superior offi- cers to relieve him of the as- signment. Gorman, who has shown every sign of enjoying his days on the witness stand, said he had complained at the time that because of his duties run- ning the Army Infantry School at Ft. Benning, Ga., he "could not In conscience accept '' he assignment" here. But the complaint was In vain, and Gorman has been on the Case ever since. The general also acknowl- edged that he had originally agreed to cooperate with the defense by granting an Inter- view with one of Ellsberg's at- torneys, but that he later backed out on the advice oil. the chief prosecutor, David R. Nissen. C se, Approved For Release 2001/08/07 : CIA-RDP77-00432R000100090001-7 NEW YORK TIMES 8 February 1973 ELLSBERG JUDGE BARS ONE CHARGE Evidence on a Memorandum Will Not Be Accepted By MARTIN ARNOLD Special to The New York Times LOS ANGELES, Feb. 7-The) judge in the Pentagon papers case took action today that will result in the dismissal of one of the espionage charges against Daniel Ellsberg. Judge William Matthew Byrne Jr. precluded the Gov- ernment in United States Dis- tricc Court from presenting evi-, dence on one of the, top secret volumes in this case because exculpatory evidence exists on it. The document in question is a memorandum' on the' 1954 Geneva Accords. Judge Byrne also ordered that all Government witnesses appear before, him before they give testimony. He wants to 'find out, he said whether they have been told not to allow defense attorneys to interview them in preparing to defend this case.. Dr. Ellsberg and Anthony-J. Russo Jr, are accused of eight counts of espionage, six counts of theft. and one count of con, spiracy. Count eight in the indict- ment' accuses Dr.' Ellsberg of taking the Geneva Accord memorandum illegally from the Rand Corporation office in Santa Monica, Calif., "for the purpose of obtaining informa- tion. about the national de, 'fense." To prove espionage, the !Government must show that the defendants" alleged illegal acts were related and damag- ing to the national defense. The 20 documents in the case are 18 volumes of the 47-vol- ume Pentagon papers, the 1954 Geneva Accord memorandum and a memorandum from the Joint Chiefs of Staff in 1968. They were marked "top secret- sensitive." All were first made public by The New York Times in a series of articles that started June 13, 1971. The judge said that his pre- cluding the Government from }!resenting evidence about the Geneva Accords memorandum was a "sanction" against the Government. In the normal, course of events, perhaps afteel the Government presents Its case, or perhaps when ' hei charges the jury, It is assured that that count at least will be dropped.. Judge Byrne said that the "sanction" was isaucd because ;the Oovernmcnt.had not told him- Its own analysts had con., :eluded that that document could have had no effect on the na- would be oter similar sanctions for the same reason.' ' Exculpatory evidence is evi- dence that is in possession of the prosecution that would tend to prove the innocence of the defendant. Thus far, the judge has ruled that there is exculpatory evi- dence touching on 13 of the 20 documents in the case, and this, in turn, touches on nearly every, count in the indictment. That does not mean that these counts will also be dismissed. Other documents, for which no exculpatory material exists, are involved in portions of, the other counts. Count eight was one of the few counts involving. a single document, and the judge ruled that there was exculpatory evi- dence on it. In granting the de- fense motion to preclude that one document, the judge denied a motion to preclude present- ing another document in evi- dence-one of the so-called "diplomatic" volumes of the Pentagon papers-because he said there was only a small amount of exculpatory evi- dence concerning that volume. Had he ruled otherwise, an- other espionage count and one theft count would have, in ef- fect, ? been dismissed. The exculpatory material con sists of those portions of the Government's own analyses tha the disclosure of the Pentagon papers and the two other docu- ments did not damage the na- tional defense. Judge Byrne ordered that the, material be-turned over to the defense, but so far the defense has not'officlally offered it in evidence, and the jury is not yet aware of its existence. The defense apparently in- tends to offer it into evidences slowly, after a buildup most lik ly aimed at whetting the jury's appetite. That buildup started today during the continued cross- examination of Brig. Gen. Paull F. Gorman, a prosecution wit- ness, by Leonard B. Boudin and Leonard I. Weinglass, attorneys for Dr. Ellsberg and Mr.,Russo, respectively, Mr. Boudin, for instance, sim- ply handed General Gorman 'sheets of the exculpatory mate- rial and, without asking him to read them to the jury, asked if the' general had known of their existence before 'giving testimony. The general said no to each inquiry. One question went 'like this: "Prior to your testifying in this case, were you ever in- NEW YORK TIMES 9 February 1973 "EDUCATION' GIVEN ELLSBERG JURORS Defense Dwells on Secrets .and Character of War By MARTIN ARNOLD Special 'to The New York Times LOS ANGELES, Feb. 8-'T'he Jury in the Pentagon papers trial'. started today to get an "education" about the Viet- nam war and also about docu- ments that the Government contends contain military sec- rets. The education, offered by the defense, is shaped to Influence the jury, to decide that it was a bad war, and further, that what one person considers a military secret another may feel is only an interesting bit of history. This is being done through the cross-examination of Brig. Gen. Paul F. Gorman, the pro- secution's major witness, who was the-senior ranking military officer on the panel that put together the Pentagon papers and who was assigned by the Artily to work on this case as an expert witness. Today was his third day under cross-examination. J're- viously, he had testified to the effect that disclosure of the Pentagon papers could have helped Hanoi during the war and, therefore, had damaged this country's national defense. 'PPU 1st add ellsberg New Line of Questioning Daniel Ellsberg and Anthony J. Russo Jr. are accused of eight counts of espionage; six of theft and one of conspiracy. To prove espionage, the Government must first prove that the na- tional defense was damaged by their. acts. ' Leonard B. Boudin, one, of 'Dr. Ellsberg's attorneys, started the cross-examination, attempt- ing,,'to destroy General Gor- man's credibility as an expert witness on intelligence matters and'as a military expert in the testimony. General Gorman, who helped put together The Pentagon papers, is the prosecution's (major witness on the effect their disclosure might have had. on the national defense; so far, he has insisted that the dis- formed b in the De. 'formed anyone closure of the papers could Tense Department that officials have been helpful to Hanoi in of the Defense Department had 1969 during the Vietnam war. studies done to determine their ' Much of the defense's cross- (The Pentagon papers) relation examination of him today was to the national defense?" aimed at showing'that a lot of. After the general had the information contained In answered in the negative to a the Pentagon papers was In series of such questions, he said the public domain before the finally that he had learned of papers were made public.. the Government's various For example, the general had analyyses of the papers only on previously testified that the de- Sundn night. , tnlls In tho Ptlhinnon pap~erg `fho' series of questions of the coup that pus ed No alerted the courtroom to the ;Dinh Diem as President of existence of Defense ' Depart-I South Vietnam had damaged ment and State Department the United States' naauual ue- He had indicated ear POl fed I rrRglb edf??p23FlnFfdW 1. C1 tsKEW7 04132 O130I9 0901f30 er C.I.A. agent, George field of foreign relations. ' Yesterday anfl today, Leonard I. Weinglass, one of Mr. Russo's attorneys, undertook thet,cross- examination. His job seemed to be to educate the jury `nboutl the war and about military se- grcts and to show that much of the information contained'in the Pentagon papers had been pub- lic knowledge before the papers were disclosed. He also sought to give the jurors their first slight Jtnowl- edge that somewhere th!re ex- ist secret Government analyses showing that disclosure of the papers did not damage the na- tional defense. Presumably, he wanted to whet the jury's appe tite'for those analyses. Portions of such analyses have been ruled by United States District Court Judge Wil- liam Matthew Byrne Jr., who is presiding to be exculpatory ma. terial - that is; material in the hands of the Government that would tend to prove the innocence of the defendants. He ordered the material turned ,over to the defense. Excerpts Read to Jury' Eighteen volumes of the 47- volume Pentagon papers are -involved in this case, and today Mr. Weinglass started going through each one and having General Gorman read excerpts from. them to the jury. From one volume, dealing with the year 1954, he had the general read that the "loss of even all of Indochina is no longer considered to lead to the.loss of all Asia to the Com- .munists," a statement.that con- tradicted one of the major jus, tifications American officials had long -used to continue the war. He also had General Gorman read' this line from a National Intelligence Board estimate: that "Almost certainly ' [the South' Vietnamese Government] would, not, be able to defeat the Com- munists in a countrywide elec- tion,'.' The board is the United States' highest intelligence unit, consisting of this nation's top six intelligence officials. Whether the defense was making its points clear to the jury or whether the jury was accepting them as valid only time will tell. Eleven of the 12 'jurors and six alternates carried notebooks and pens or pencils. ' A good portion of the day was spent in having the general read. excerpts from a volume that he had worked on with Dr. Ellsberg. ' ' Reads From Article The general also read ' from another document,, a secret memorandum written by Ed-, ward G. Lansdale, now a brig-, adar general but during much of the Vietnam war atop agent of the Central Intelligence Age cy who worked in Vietnam.; The Lansdale ? memorandum. Said that the United States could not "help create a Fas- cist- state In South VI .tnamj nritl , @11 e' W1IOI It doesn't act Ise a A;smaergpy,n Mr.' Weinglass also had the general read from an article . in Approved For Release 2001/08/07 : CIA-RDP77-00432R000100090001-7 BALTIMORE SUN 9 FEBRUARY 1973 A. Garver Jr. Much of the ma- terial in the article covered the same events that were covered in portions of the Pentagon papers. He also had the general read similar material from the Con- gressional Record. "The Congressional Record is a public document, isn't it?" he asked. "Absolutely," replied the gen- eral. , This, of course, touched on the public domain. It was also' offered apparently to show that what General Gorman consid ered military secrets Mr. Gar- ver and the Congressional Rec~ ord seemed to think was mere- ly history. The general was next asked to read a statement from a, Pentagon study that said the: national defense had not been' affected by the release of a particular volume of the pa= pers. The study was written by William Gerhard,. an intelli- gence expert. "If you had seen the Ger- hard study, would his conclu= sion have altered your own opinion?" the general was asked. "Not necessarily." - Would the general. have taken it into account? .ti "No, I don't believe so,"?wasi the answer. "You would have, just dis- regarded it?" "Yes, I would have disre- garded it," General Gorman re- plied. WASHINGTON POST 10 February, 1973 -A .:s. erg By Sanford J. Ungar ?Vas},ingto n Post Staff Writer LOS ANGELES. Feb. 9- The,defense in the Pentagon Papers trial moved tonight toy block the government from presenting a major element of Its case against Daniel E11s? berg and Anthony J. Russo Jr. Attorneys for Ellsberg and Russo asked U.S. District Court .Judge IV. Matt Byrne Jr. not to admit into evidence the ?"industrial security man- uals`' used by the Defense De- 'partment and the Rand Corp., a "think-tank" in nearby Santa; Monica, to govern access to classified Information. Calling Richard Best, Rand's Itop security officer, as a wit- ness, chief prosecutor David ft. Nissen sought to introduce the manuals, whose provisions he contends Ellsberg and Rus- so violated when they alleged- ly removed the Pentagon Pa- pers and oilier secret, docu-i ments from the Rand files In 1969. Nissen said he would rely on the manuals-and on var- fous receipts and other forms signed by the defendants while ;they were Rand researchers--- Ellsbercr defeiise stresses failure to inform witness I; By a Sun Staff Correspondent Los Angeles-A defense at- torney in the Pentagon papers trial yesterday sought to fur- ther attack the government re- cord in the case by stressing the prosecution's' failure to keep even its own witness in- formed. Leonard Weinglass, an attor- ney for. Daniel Ellsberg and Anthony R. Russo, pounced on an admission by a key govern- ment witness, Brig. Gen. Paul F. Gorman, that he was una- ware that an intelligence com- munications expert had ana- lyzed one of the top-secret vol- umes and concluded that its disclosure would not damage American national defense "in 1969 or at this time. Yields little ground General Gorman is a senior member of the Defense 'De- partment task force which compiled the Pentagon papers. He has yielded little-ground in cross-examination of his testi- mony that this secret docu- mentary. history of American involvement in Southeast Asia would have been "of use to augment the intelligence of a foreign country." But the general did admit, on the fourth day of defense 'cross-examination, that he did not know before testimony that William Gerhard, a 20-year communications intelligence veteran of the National Secu- rity Agency, had analyzed a volume entitled "Origins of In- surgency" and found its re- lease likely to be harmless to the national security. 'General 'Gorman told Mr. Weinglass that at none of his meetings with David R. Nis- sen, the government prosecu- tor, had he been informed of the Gerhard assessment. He had, the general said, discovered it last weekend, when he had a telephone con- versation with Mr. Gerhard. That was after the general had- testified for the prosecution. Dr. Ellsberg and Mr. Russo are charged with espionage,' conspiracy and theft relating to top-secret documents. '. . The general said he "would concede that Mr. Gerhard :ts an expert" and that lie woutdij trust any opinions he reached 1+ in the field of communications intelligence. But under further question-, mg by Mr. Weinglass, General Gorman said Mr. Gerhard's opinions would "not necessar- ily" 'have altered his own views on the sensitivity of the papers involved. / The defense counsel made a' point of the witness's admis- sion that he had not "known of the existence" of the Gerhard. evaluation before taking the stand. The Ellsberg-Russo defense seized upon this as further ammunition in efforts to have charges against their clients dropped, and to even achieve a mistrial by proving govern- ment attempts to conceal evil dence favorable to the defend- ants. ~ ~fl1se T1?ACst in proving the charges against, them of conspiracy, espionage and theft of government prop- erty. Such evidence is necessary because the federal govern- ment's standards for the ban Idling of classified material area not specifically set out in any one body of laws. But Leonard B. Boudin and Peter Young, representing Ellsberg and Russo, respective. ly, raised vehement objections. They argued that the security manuals merely define the relationships between the De- fense Department, government contractors (such as Rand), and the contractor's employees. Boudin? described the man- uals as "a melange of threats, warnings, and so forth" which ,could be used as a defense contractor's bias for dismissal of employees who disobey the rules. He .insisted, however, that they cannot be used to show that criminal nets occurcd, Violation of the manuals and of the criminal laws arc two different things, B o u d I n argued. The dispute, which has been lurking as an Issue in the case for months, arose after' Best had barely - taken his place on the witness stand. Byrne sent the jury home for the weekend and then heard the attorneys' argu merits. He said he would rule on the issue Monday morning. If he decides the point in the prosecution's favor and if Ellsberg and Russo are ulti- mately convicted, the author- ity and relevance of the man- uals could become a signifi- cant point in an appeal of that conviction. Earlier in the day, another, prospective government wit- ness, Jan Butler, who was Rand's "top secret control of- ficer" in 1969, told the judge that Rand officials and law- yers had instructed her not to grant any interviews with de- fense attorneys in the Penta- gon Papers case. Byrne, pointing. out that witnesses . in a criminal case are never "the special prop- erty" of either side, told Miss Butler: "Let me negate those instructipns. If you have any desire to talk with defense counsel, let them know." One of Ellsberg's attorneys Immediately renewed his earli- er request to interview Miss Butler, but. she left the fed- eral courthouse In the com- pany of her own lawyer with- out responding. The judge probed both Best and Miss Butler on that point after learning earlier in the week that Nissen had "ad- vised" a key prosecution wit- ness, Brig. Gen. Paul F. Gor- man, not to talk with the de- fense. Gorman left the witness stand today after eight clays of testimony on whether dis- closure of the Pentagon Pa- pers had any effect on the "national defense," Approved For Release 2001/08/07 : CIA-RDP77-00432R000100090001-7 Approved For Release 2001/08/07 : CIA-RDP77-00432R000100090001t 7 BALTIMORE SUN 9 FEBRUARY 1973 Elis ber trial:. The war. fades in a courtroom o landmark size BY MURIEL DOBBIN told about the nation's policy bassador to the United States, Sun Staff. correspondent toward the war in Southeast' :whose fingerprints were alleg- Asia. edly found on some of the Los Angeles-In a sedate . California courtroom, the re Anthony J. Russo is rumpled secret documents. Neither and rely poly,, an economist Miss Sinay nor Mr. Thai have verberations of a recedine war been indicted. , mingle 'with the rustlings of legal -papers in what ultimately could have a far-reaching im- pact on the lives of Americans. The bearded and' the blue jeaned of the anti-war faction. are gathered in the federal District Court here as specta- tors at the trial of two men accused of a "crime" as con- troversial as the war that led' them to commit it. This is the Pentagon papers case, that complex mixture of . spy thriller and legal land= mark that the prosecution pre- sents as a matter of simple theft of top-secret documents and the defense depicts as pos- ing a major test of the First Amendment and how much the .public has a right to know about what its government is doing. The charges are espionage, conspiracy and theft relating to 18 secret volumes of the 47- volume Pentagon history of the American . involvement in Southeast Asia during four presidential administrations. The explosive governmental reaction to the publication of these papers in June, 1971, led' to newspapers being restrained from printing them, which :led to the 6-to-3 Supreme Court ruling that they could be printed but that a newspaper could be prosecuted if the gov- ernment could prove damage to the national defense. The defendants in the Penta- gon..papers case are Daniel Ellsberg, and Anthony J. Russo, who offer an intriguing study as examples of the kind of men who changed their minds about the Vietnam war. Dr. Ellsberg is a tall, thin, pale, Byronesque figure, a for- mer Marine Corps officer and Vietnam hawk, a former re- search associate at the Massa- chusetts Institute of Technol- ogy, a specialist in economics' and political science and a former 'adviser to the State On December 30, 1971, Dr. Department and the Pentagon. Ellsberg was 'indicted, and If he were convicted on all -charges were also brought of the 11 counts remaining against Mr. Russo as a recipi- against him, he could be `ent of stolen documents and as sentenced to prison for more a co-conspirator, than 100 years, lie contends Mr, Russo could receive a that he did what he did to help .35-year prison sentence, Other 1 There are those who fear and not harm the United co-conspirators were Lynda l 'States. After- his conversion Sinay, a Los Angeles advertis- that the upholding of the a . charge that Dr. Ellsberg and Since the trial began, the defendants have won what could prove to be a major victory over the government when Judge William Matthew Byrne, Jr., who is presidirt'g over the case, provided the defense with increased ammu- nation by ordering the prosecu- tion to turn reports over show- ing that Dr. Ellsberg's alleged offenses had not damaged na- tional security. Judge Byrne's ruling con- formed to 'a 1963 Supreme Court decision-made in the case of an accused rapist in Maryland-that if a prosecutor possesses evidence tending to prove the innocence of the de-, fendant, that evidence must be; turned over to the defense. . I Since April, 1971, Judge Byrne had been requesting 'that the government produce for his perusal all its studies of the Pentagon papers, espe- cially any items bearing on evidence important to the de- fense case. When the first gov- ernment witness, Frank A. Bartimo, an assistant general counsel to the Defense Depart- ment, testified that the prose- cution had done many of these t'ai~st~t86ttt11ntiting witlelt ttad been denied by the prosecutor -the angered judge ordered their instant production. ifrom Vietnam hawk to dove, .mg woman in whose office the Mr. Russo defrauded "the A few days later, with the he became convinced that the: papers were said to have been jury absent from the court- ,:.American public had a right to copied, and Vu Van Thai, a United States by obstructing room, Judge Byrne ruled that know more than-it was being. former South. Vietnamese am-. : its governmental function of th nt analysis con. Approved For Release 2001/08/Q7 li4 P 56th '3~1~'00d'h00690?~' 21 helped design the first Ameri- can space capsule. During two .papers trial, now entering its third week has been punc- classified government studies" would strengthen future cases against officials who co-oper- ate with newsmen in publiei4- ing any kind of "classified information." ityt Dr. Ellsberg and Mr. Russo are charged under a provision of the Espionage Act prohibit- ing disclosure of any informa tion "relating to the national defense" by one, who "has rea- son to believe this 'could be in- talked at length with Viet Congi etuated luding by a postponements, delay prisoners, and returned home, clut led the four-month being as he has put it, "radicalized,", "that original jury foreign policy in Southeast Asia. Both Dr. Ellsberg and Mr. 'Russo were employees of the Rand Corporation, the "think tank" in Santa Monica, Calif. It has a $27 million annual budget to finance research and development projects for mili- tary ? and, civilian groups and has a staff of about 500 experts in economics, engineering and social sciences. ' The Defense Department is ,among the Rand Corporation's clients, and Rand had two cop- ies of. the secret 47-volume Pentagon study on the war. The indictments against Dr. Ellsberg contend that between March and September, 1969, he took the Pentagon papers out Court "of Appeals. The dis-i used to the injury of the United missal was based on possible States or to the'advantage of prejudice caused by the fed- any foreign nation." eral wiretapping of one of the The defendants are the first defense attorneys. persons' to be .charged under The second Ellsberg jury- consisting of 10 women and' this section without being two men, including a 24-year-_h carged with passing informa lion to foreign agents and one old severely wounded Vietnam 'of the anxieties of constitu. ,veteran-has before it a case tional authorities regarding the in which ethics, morality, con- lease is that a conviction could stitutionality and crime all lead to increasing government are being inextricably mixed. power to conceal what David R. Nissen, the govern- amounted to no more than em- ment prosecutor, has empha- harassing facts. sized that the government It is such concerns which would present a simple case of make the Ellsber theft, and would not present g Russo case "any evidence on the informa- a potential test of the First, tion policies of the government Amendment and its protection or evidence of whether the) of freedom of speech and free- government has withheld infor- dom of the press. of the Rand offices in Washing-; mation about the war." ton 'and flew with them to Lost He also stressed that no evi- Angeles where he copied them! dence would be offered on why with Mr. Russo's help. i the alleged offenses were com- It has been reported that Dr. Elisberg made an effort to have the contents of the Penta- gon papers publicized by offi- cial sources, approaching Sen- ator J. William Fulbright (D., Ark.), 'chairman of the Senate Foreien Relations Committee: mitted, declaring "motives do not excuse doing something wrong." . I Leonard Boudin, one of the defense attorneys, in his open- ing statement to the jury, pre- dicted that they would con- clude that the revelation of the Penta on a ers " a h f l l g p p w s e p u of South Dakota, the former) to the United States." Democratic presidential nomi-I He contended that Dr. Ells- the White House national secu- rity adviser. 1 Efforts made by Senator. Fulbright to obtain the history of the Vietnam decision-mak- ing process were unsuccessful. Melvin R. Laird, then Secre-' tary of Defense, told Mr. Ful- bright by letter in 1969 that it would be "contrary to the na- tional interest to disseminate more widely" such sensitive documents. berg's motivation was to make, the information available to the. Senate Foreign Relations Committee and to the public. The defense argues that Dr. Ellsberg was not guilty of theft in removing the Pentagon papers from the Rand Corpo- ration, since he had govern- ment clearance to see them, had helped to write them and returned them after copying them. The defense also takes issue with the government regarding its system of classifying infor- mation by labeling it "top se- cret," stressing that no statute' gives the executive branch the) right to establish such a mys- Approved For Release 20 tained exculpatory evidence and must be handed over to the defense. Re refused to grant motions for a mistrial or dismissal of the indictment, as a result of this development. The judge made clear his 10 February 1973 Ellsberg Trial Told Public Data Could Aid Foreign Intelligence: By MARTIN ARNOLD Special to The New York Timex LOS ANGE(.ES, Feb. -The major prosecution witness in the Pentagon papers trial said today that, as far as he was concerned, a geography book, public opinion polls and tran- scripts of Congressional hear- ings-all public information- could be helpful to foreign in- telligence analysts. The witness, Brig. Gen. Paul F. Gorman, made his statement under cross-examination by Leonard I. Weinglass, a defense attorney. The defendants -in- the trial, Daniel Ellsberg and Anthony J. Russo Jr., are accused of es- pionage, theft and conspiracy. Mr. Weinglass also elicited from the general the informa- tion that about 200,000 United States Government employes were privy to top secret infor- mation. At one point during today's cross-examination, the general was shown an "execute mes- sage" from the Joint Chiefs of Staff dated Nov. 10, 1966. It was an extract from the Penta- gon papers, and General Gor- man had previously testified ?that its disclosure even as late as 1969 would damage the na- tional defense. The "execute message" au- thorized the Air Force and air- craft carrier planes to carry out bombing attacks on a series( of North Vietnamese targets. 1 . 'Mr. Weinglass then showed the general a report by A do Ulysses S. Grant Sharp : n, commander in chief of the - cific forces in 1963-1968. The report, written in 1968 and, made public in 1969, had more' detail about the same "execute message" than the Pentagon papers had. General Gorman said that Admiral Sharp's report could have been "useful" to foreign intelligence but would not have been an "advantage" to a for- eign nation. On such distinction his cross-examination ended. disapproval of the government handling of such an important point, and hinted that he might impose "sanctions" on the prosecution. That he meant what he stis ('rime Control hill, which places federal agencies in support ol, local law enforccntcnl agencies." 0 0. The chid' said the Fairfax ('ounty Police Department 'w'orks very closely with federal agencies in those. areas which necessitate cooperation to identify the agency pledgee this agency experts and in- confidentiality, to those p(thc'e structors. the cost to Ihe'idepartiiienIs. "tt agency is tnininial." Although Koch said. the request fur secrecy "nrli:c it %laury' said. "\1'e (th(- CIA) even noire incun)honl Ihat the do not consider that the ac- ('IA he prohibited from any tivilies it) question violate the training of this na!urc." he did letter or the spirit" of the law. not disclose the locations in his The Nalionat Security Act of statement. If(, did. however, 1!1.17, which authorizes the make (hem available to the estahliAiment of the ('iA. Ilonso and Senate' coinifl if tees provides tlrat "The agency, that he asked Ito investigate shall have no polled suhpnc)ta. Ihc matter. ',). . law enforcement or internal security functions..- The Times sources Said that Koch. however. in . his hesidi?s the 14 policemen from request to Ilollil'ield for 'art Neu York and the depart- investigation by the House 11w ills in the \\;ishin. ton area, Government Operations .1l>olicl?nu?n ill Roston have also ,('onunittee, said that "since rrctivod ('IA tainin.. the CIA is barred by statute j Ilollitiold, resp(m(lion to a from participating in law 1(Irtcstion on who(11ct' his enforcement activities in tile, k'onunittee would act on: I iitited States, I consider their 1 Koch's request for an in- (I isregard of the taw most Ivestigution. Said the (Ittestion serious." 1fit what matters whilst he 0 71 1 '1 : t { J :~ Y wills the names of some of file lam-breakers." If(- said the d(?p:u?tnu?nt "also provides supplemental security to any federal agency iii Fairfax ('minty. which requests it." Koch' charged the training activities violate a law for- bid(liiii: ('i:\ involvement in dumcsfic affairs. lie said the matter should he investigated ingress. Ile called the matter to the attention of Rep. ('hot riollifield, chairman of the (;overrlm(nt Operations ('ornrnillec. and Sen. Sam Ervin. chah-111.u) of the Senate suhc?on)inittee oil con- stitiilional rights. Koch !)ec..'8 asked Richard IleInts. the recently retired C'i:\ ((rector, about the CIA's said the CIA doniostic. activities after an article in the New York Times' revealed that 14 New York policemen had been trained in. the handling of political in- lIllit;enco files. The CIA's; legislative counsel, in response to the request. wrote that fewer than 50 policemen fret,) a total of about it dozen city and county. forces flits received some kind of CIA briefing in the past two years. The briefings "have been provided at no cost to the recipients," 1laury said. "Since. they have hech ac- complished merely by making available. insofar as other- clutics permit. qualified Record. Koch provided him :cv:nnine(I this year has not yet been resolved by the sub- iconnnitto(, nu?rnbers and, ('itairnu'n. NEW YORK TIMES 8 February 1973 Ex-Head of C.I.A. Backs Its Training Of Domestic Police Special to The New York Times WASHINGTON, Feb. 7 - the former director of the Cen- tral Intelligence Agency, tichard Helms, told the Senate Foreign Relations Committee today that it was "perfectly egitimate" for the agency to )rovide training to domestic )olice forces. Senator J. W. Fulbright, Democrat of Arkansas, the ,hairman of the Senate com- mittee, said Mr. Helms had 'estified at a closed meeting that the agency's training in the use of explosives, and de- tection of wiretaps and organ- 'zation of Intelligence files had not violated a legal ban on C.I.A. involvement in law en- forcement activities?within,the United States. "I don't think there was any great harm done" in the train- ing of officers from about: a dozen city and county police agencies, Senator Fulbright said. "But I am against the whole concept of the C.I.A. get- ting involved, even in an in. nocuous way, in police business." New York City.? po- licemen were among those trained. i The agency's activities came to light earlier this week when Representative Edward I. Koch, Democrat of Manhattan, made public a letter from John' M. Maury, legislative counsel; for the C.I.A. The letter acknowl= edged that the training 'had been undertaken during the According to Mr. Fulbright, the committee did not pursue the issue at any length with Mr. Helms because he is now the Ambassador-designate to IIran. Other members of the com- mittee said, htw von, thtit they would cook asaursneo from the new C.I.A. director, James R. Schlesinger, that the agency will end the training program. Approved For Release 2001/08/07 :Pt-RDP77-00432R000100090001-7 Approved For Release 2001/08/07 : CIA-RDP77-00432R000100090001-7 The CIA and our armed forces have spy satellites, foreign agents, far-flung listening posts and the latest in electronic gadgetry. What they haven't gof is a way to put it all together BOOK BONUS/ BY PATRICK J. McGARVEY THE COLLECTION EFFORTS of United States intelligence are directed against three targets-technical details, human think- ing, and authoritative documents. The field today is presently dominated by technology. The spy-in-the-sky satellites are the best-known technical devices employed, but they represent only a mere fraction of esoteric, "black box" intelligence devices in use today. Over- all, their "take" is small when compared to the less notorious technical collection systems. This is not meant to belittle the .system, however; in one 90-minute circling of the globe the satellites-dubbed SAMOS (Satellite Antimissile Observa- tion System)-collect more information than an army of 50,000 foot spies collects in a year. The 22-foot high. five-foot round satellite, looking much like a Cuban cigar, is packed with devices that pick up the murmurings of radars, the crackling of radios, the point-to- point secure communications of the world's nations, and the work of Chinese and Soviet scientists at their separate nuclear- weapons and space-research stations. Equipped with a variety of cameras these unusual spies can detect a chalk line on the ground from a hundred miles up. Launched from Vandenberg Air Force Base in southern Califo.i,'., ou t4e avciage of uuce a montn, JAMUS satellites can be triggered to unload their electronic take in a split- second spurt of energy that can be intercepted at ground stations, replayed, and amount to several.hours of electronic intelligence. Their photo-intelligence take is ejected after about a week in orbit and intercepted in midair over the Pacific, where the Air Force enjoys a 70 percent success rate in catching them. At present, there are two breeds of the SAMOS satellite in use. The first, using a Thor-Agena rocket, makes broad sweeps of the Soviet Union. China, and other target countries from an altitude of more than 100 miles. The second, launched aboard a Titan Ill-B booster, carries higher-resolution cameras and is normally employed as a follow-up to the first, flying at lower altitudes. In 197Q a total of nine United States recon- naissance satellites were launched. Six of these were the Titan Ill-B variety and were launched between June and late Oc- tobcr, when there was intense United States interest in what was happening along the Suez Canal and at Russian ICBM bases, where a slowdown in_construction was spotted and eventually announced by the Pentagon. United States spy satellite activity has declined in the past several years. In 1968, 16 satellites were launched; in 1969, 12; and only nine were lofted in 1970. Using average times in orbit, the United States had one spy satellite over the Soviet Union on 180 days of 1970. 1 he Soviet Union launches three times as many spy satellites as the United States. During 1970, 29 rccon satellites-each remaining in orbit for an average of eight to 13 days-photo- 30 graphed United States installations on an average of 290 days. Most Americans don't think about being spied upon. The farmers in North Dakota -would be surprised to know that the Russians are watching their crops grow with as much interest as they arc. The stockyards of Omaha are scrutinized to see how the American beef industry is doing. Many a present-day Tom Sawyer has been photographed on the Mississippi as the Soviet Union keeps tabs on the river's commerce. Lastly, 'those cocky New York honeys who sunbathe nude on pent- house roofs are no doubt the subject of very close examination by Soviet photo-intelligence experts. When the Son Tay prisoner-of-war camp raid into North Vietnam flopped, it was revealed that the United States Air Force had practiced for the raid at Eglin Air Force Base in Florida. They went to such elaborate precautions that they dismantled the mockup of the prison camp every morning so the Soviets wouldn't see it in their reconnaissance. An equally lucrative and more widespread source of tech- nical intelligence is signals intelligence, or communications intelligence, known as COMINT. In essence, this means all forms of intelligence that can be gleaned by listening in to the radio communications of a foreign nation. All forms of a target country's radio communications-be it merchant shipping, industrial development, foreign trade, or internal transportation-are monitored in varying degrees, depending on the country's potential threat to the United States. Obvi- ously, the Soviet Union and Communist China are high pri- ority targets for all forms of communication. Controlled by the National Security Agency, America's radio intercept network is extensive. There arc slightly over 50 stations active in any given time of the day. They are located in at least 14 foreign countries. They range in size from small mobile field units of a company of men, as used in Vietnam, to a sprawling complex of men and machines num- bering in the thousands, such as the Air Force Security Head- quarters in West Germany. Worldwide, there arc approxi- mately 30,000 servicemerf~ manning these listening posts. These overseas sites are, manned and administered by the three services primarily.bScause of the isolated nature of the duty. I spent eight of my .14 years in intelligence in the,. COMINT business, and most of that time was frittered away on lonely outposts. The most,bizarre was a little island, three miles square, sitting on the 38th parallel in the Yellow' Sea off the coast of Korea. Sixty of us lived in potbelly-heated tents and worked in sandbagged mountaintop bunkers, our ears covered with headsets and our tape recorders alert to any Chinese Communist activity over North Kbrea or China. A battalion of Kor'ean marines shared the island with us. Things were pretty dull there, with the major social event of the month being the arrival of a South l orgtifi iitiiv L on the beach. It brought our food and other supplics. t also brought eight government-inspected girls from Inchon. The Korean marines had a merit system whereby each was given. tive girl chits a month, If he was a bad boy they took one Approved For Release 2001/08/07 : CIA-RDP77-00432R000100090001-7 Approved For Release 2001/08/07 : CIA-RDP77-00432R000100090001-7 of his chits away. It worked! Anyway, the Korean marines that "they number in the thousands annually." Mobile Ind would all line up in front of the eight-door garage, in which units maneuver in West Germany, while Soviet army units the girls worked, and use their tickets. By the third day the are in the field, exercising in East Korean marines had all spent their chits. Germany or Czechoslovakia. In South Korea similar units Other depressing sites arc northern Japan, the tip of the operate. The United States Navy keeps 12 to 15 spy ships, The bulk of the men such as the Pueblo, afloat around the world on extended and the Khyber Pass Aleutian islands . , cruises. - ! uch stations are young enlisted men on their first hitch at , s Another form of signals intelligence is known as ELINT Every dc (ail of activity *intercepted at"alltthese sites is re- -for Electronics Intelligence. This is information collected corded, analyzed and forwarded to NSA for additional study, by NSA from foreign noncommunications, electromagnetic In cases where encoded trallic is unbreakable, useful intelli- radiations, such as radars. Eighty percent of the take of gencc can stilt he gained from an analysis of the time, length, shipborne and airborne collection platforms is ELINT. The and recipients of the coded messages. For unusual develop- age of electronic warfare dawned after World War It, when ments, a messitge system known as CRITIC is employed by sophisticated radar and rocket systems came into their owni of vital interest to the United States government occurs, such concerned with the ability of United States bombers to as the Gulf of Tonkin affair. when North Vietnamese torpedo penetrate the Russian radar network undetected. They boats intercdpted a United States destroyer. or the Soviet inva- began to fly missions along the periphery of Russia trying to sion of C' zechosinvakia. A short message giving the basic facts find the points at which a certain radar set was unable to detect an incoming bomber. Analysis of the pulse rate of gleaned from CONIINT is sent.to NSA under a p(iority that the Russian radar would provide data on which the radar automatically disseminates the message from its point of origin set's range and height-finding capability could be estimated. to the White House and all other interested Washington agen- Eventually, war planners made maps pin-pointing the loca- cics within five minutes. tion of all Russian radars, and from this were able to project lily first exposure to the CRITIC system occurred on cones or umbrellas of radar coverage outward from the sites. Pyneng Yang Do. We had an old reject from World War II,- Routes of penetration could then be planned. a guy named Davey Pendleton, about 45 years old and unable The arena of electronics has been a tremendously dynamic one, however, and a deadly game of defensive measures and . , to hold more than two stripes at any time because of his continuing love affair with the sauce. Old Davey would fill countermeasures ensued. American planners developed a~ his cants en with in or vodka each day 'before setting out for jammer to 'block out Russian radar sets; the Russians dc- B veloped an anti-janmier. The Americans came up with a his solitary post in a packing crate that held radio direction- false-image projector, and the'Russians developed a way to finding and radar equipment. He'd rationalize it as medicinal filter that out. The battle goes on today. f to ward off the chills. One afternoon the Chinese Communists Another field of technical intelligence that receives fairly decided to shift a squadron of M IGs from an airfield just, wide publicity is photo-intelligence. The scope of this etTort ! east of Peking to another up in Manchuria. Davey picked by United States intelligence is far broader than the spy. them up on his radar, and the guys in the other bunker picked. in-the-sky satellite programs. SR-71 high-altitude aircraft them up on voice radio networks. Davey cranked up his and the infamous U-2 back tip the satellite program. 'Equipped with Polaroid 'camera systems, these aircraft. fly direction-finding gear. His readings of their position showed that they were heading out over the Yellow Sea toward South an average of 120-150 missions a month over various parts of the world. They arc aimed against national priority targets Korea on a route~that would take them directly over our __;n ottici" wi,rds, the (itittest4itcins in Washington at the' island. Poor Davey panicked and called the young second moment, The furor in the press in early 1971 about the lieutenant allegedly in charge of us. The lieutenant also pan- Russians building a stihmarinq base in Cuba was the type of icked and dispatched a CRITIC to our headquarters in Japan flap a U-2 or SR-71 would he assigned ti cover. This is not ,and all the way back to the White House. Within minutes the to say that these aircraft are reserved solely for crisis situa- and'two squadrons'of American jets were scrambled to inter- such as the routine surveillance of Cuba, and on overflights cept the M IGs. Navy units battened their hatchds and soundgd of Communist China. general quarters, and army units lolling along the DMZ were . More routinc, targets are covered regularly by the military goosed into action by red-alert klaxons. The military com- services, who fly hundreds of photo recon missions a month. mind. hierarchy throughout the Far East-was tensed, ready Each military unit abroad 'hiss its own peculiar photo. and quivering. As time went on and the MiGs didn't material. intelligence 'requirements. In Western Europe the?.Army ize, astable front our Japan headquarters asked us to recheck must be prepared to maneuver against any potential ground threat by the East European or Soviet armies, and their' our bearings on' the squadron. '11y, this time, the major and photo-intelligence needs run the gamut from the conditions j the captain were on the,moutaintOp peering into the equip- of the roads and rail networks and the location of possible mcnt,.themselves. They saw nothing other than .-the normal enemy defensive missile units and airfields to the possible .'rotatidn of a MIG squadron from Peking to Manchuria. enemy's logistic and communication system. Naval fleet3 in the Mediterranean and Pacific have a wider range of targets They sent a follow-up message to the CRITIC telling the to cover, including not only the ones described above, but United States military chain of command it was a false alarm. also detailed information on coasts, landing beaches, port The major then told the captain that he'd like to see Pendleton facilities and tidal data. To err on the safe side is the pre- in his tent. Davey had gulped down.the remainder of his can- vailing philosophy among intelligence staffs. If the aircraft teen and was in no shape to see anybody. The captain insisted and ships available for photo collection work, they are kept that we pry him out of hiding in the outdoor john and present busy collecting. The photo-intelligence game has become him to the major. We did, and Davey wobbled into the CO's just that, a game. It is common practice for an American tent and reported. The major was shocked at the sight of him recon unit to scramble into the air to take pictures of a and asked." t'Pendlclon. have you been drinking?" Davey Soviet photo that taking pictures hf tthe American he' ntclligtnce ncom- elfshly replied. "Sir, I've been known to quaff a wee libation / munity right after the USSR started over-flying United before nightfall to ward off the chilblains." Davey lost both States' carrier fleets in the Atlantic shows a Soviet recon- his stripes. naisance bomber flying over a Sixth Fleet carrier task force. ' The COMINT land stations are backed up by flying, sea- The close-up shot of the-bomber allows you to see the Soviet borne, and mobile land radio, intercept units around the world. intelligence officer in the plastic photo bubble on the side These were necessitated in the- 1950s by the massive shift, of the bomber. He is in the process of giving the American. among Communist military units to VHF radio. Complete intelligence officer in the jet fighter the classic middle finger' coverage of their activity, demanded that United States units salute. !get closer to the transmitters, as terrain features like moun- These programs constitute the lion's share of technical Mains would impede ground intercept of VHF broadcasts. intelligence collection. Others, of limited interest, are l carried on. The Atomic Energy Commission equips many Daily in Europe and the Far East. several dozen United military aircraft with radioactivity filters for detecting the 'States airborne listening posts fly an average of six hours along atmospheric presenc&bf nuclear particles adrift on the air the borders of Communist countries. Although the exact num- currents flowing across Communist countries. One friend of ,ber of rccon missions flown by the military is difficult to trace, mine' assigned to Hong Kong rqutincly collected liver the House Armed Services Committee stated in one report samples from .cattle J raised on mainland China from an Approved For Release 2001/08/07 : CIA O F W@4'13 0q 690869Oa1 ughterhouse, The' 31 Approved For Release 2001/08/07 : CIA-RDP77-00432R000100090001-7 when former service acquaintances or school friends would call me on their way through town for lunch. One guy, an Air Force cap. tain, called me for lunch from the Pentagon. I had to pretend I was in the Pentagon too, rush out to the CIA parking lot, ride 20 minutes to the Pentagon, find a place to park, and then nice( my former colleague, excusing my tardiness by complaining about a heavy workload at the library. Wives must play the cover game, main. taining in the most trivial circumstances that their husbands work somewhere other than at CIA. When I first went to work at CIA, the guy who lived in the apartment above me was a captain in the Army, and my wife, over coffee, told his wife that I worked at the Pentagon. So the natural thing happened. The guy came down to our apart. meat that night and asked me if I wanted to form a car pool, since, he. too, worked at the Pentagon. Ridiculous! How do I tell the guy I don't really work there? Well, I played the game and made a flaming ass of myself. I replied with something like, "I'd love to, but I can't predict when I'll get out each evening. Some nights I have to stay in the office for an hour or so to clear tip the work." The guy gave me a look of titter disbelief. He couldn't imagine the Army library doing such a brisk trade that its librarians had to stay late to "clear up the work." It all could have ended there, but this guy was desperate. He was sick of the Washington traffic and hiS wife wanted to use their car during the week so they could avoid the crush of traffic in the Vir- ginia shopping centers on Saturday. My wife had the same complaint. So the guy then volunteers to stay late and wait for me, He even sweetened the kitty by telling me that we could duck ove; to the Fort Mycr officer's club and grab a cold one each night, allowing the traffic to case before we started home. Now that really appealed to me. Fort 'Myer is the last bastion of the five-cent large draft beer, and I was making only 5500 bucks a year at the time. So what does superspy say? I tell the guy that .1 really don't care for car pools, that I'd rather drive myself, and that I just wouldn't feel right letting him stand around for a half-hour or 45 minutes waiting for me. The guy leaves my apartment muttering something about "damned civilians." To make matters worse, we both came out of our apartments every morning for the next year at exactly the same time and returned at night within two minutes of each other. I used to keep track of him in my rear- view mirror each morning, hoping to elude him in traffic before I made the turnoff to CIA instead of staying in the mainstream of traffic heading toward the Pentagon. This form of cover holds up well in Washington, but has to be supplemented when clandestine service officers go over- seas. They usually retain "official" cover by being placed in the State Department, the Agency for International Development, or another appropriate federal agency. When I went to Vietnam I was an economics officer in the embassy. This creates a good deal of friction among State and AID em- ployees who don't appreciate the CIA interlopers and whose wives generally ques- tion how the "spooks" always manage to get the best housing for their families. In CIA stations such as Saigon,, where the staff numbers in the hundreds, cover all but falls by the wayside and usually is the source of much local humor. CIA staffers in Saigon were given their own jeeps. Problems arose when the overzealous CIA motor pool officer painted them all metallic blue. Driving down Tu Do Street one day in Saigon in one of the blue jeeps, another fellow and I stopped at a red light. A par- tially drunk American GI standing on the corner looked at us, then at our jeep, and snarled, "I wish I worked for CIA instead of the lousyArmy." We drove off congratu- lating our motor pool officer. In Taipei. Taiwan, where CIA's official cover was the United States Navy Auxiliary Communications Center, or NACC, my wife and I caught a cab and told the driver to take us to the NACC office. The driver slammed his Toyota into low gear, laid rubber and, as he swerved into the main- stream of traffic, turned to me, gave me a thumbs-up gesture, and bellowed, "CIA, number one." Commercial cover is also used in selected cases. Men with a particular skill or rid"elf= ground arc found rdguiftr emptoym ni with American firms abroad. This Is always done with the agreement of the firm's top man- Approved For Release 2001/08/07 : CIA-RDP77-00432R000100090001-7 purpose was to detect nuclear fallout over mainland China. I accompanied him one evening to a meeting where he was. handed a quivering, bloody hunk of meat that he and I' wrestled into a "Iiaggic." We returned to the American consulate, stapled it to a report form, packed it in dry ice, and shipped it off to Washington for analysis. Technical expertise is relied upon for a variety of lesser collection programs geared normally to operations. CIA's Technical Services Division (TSD) staff has an unusual collection of men skilled in lie-detector tests, phone-tapping, bugging, and an assortment of other trade-craft skills such as lockpicking, safecracking, and what is known as "flaps and seals" for men skilled in opening mail. One of their feats, often spoken of in training sessions at CIA, was the stealinge of the Soviet Sputnik. On a tborld tour after, its successful launch, the Sputnik display was stolen one night for three hours by a CIA team which completely dismantled it, took samples of its structure, photographed it, reassembled it, and returned it to' its original place undetected. Another is the story of the CIA team that stole a sample of King Farouk's urine. The object of the exercise was to determine his exact state of health. To. achieve it, they rigged tip the men's room of one of the gambling casinos in Monte Carlo with a device that captured the urine flowing through the urinal to the sewer. All of this was done with- out the knowledge of the owners of the establishment. Wh'cn-Farouk was at the gaming tables, one CIA officer stationed himself on a toilet in the men's room with a peep-. ing',yicw of the' two urinals. He . gave a couching signal when Farouk entered and another coded cough telling the men on the other side of the wall which.urinal he was peeing I into. , The field of human intelligence collection's is, of course, the classic arena of 'the spy. Little has changed .in this area of activity since the dawn of time, when intelligence collcc- lion became a requirement of tribe; or nations., The goal is tq find out what's going on in'the minds of one's potentials enemy. In the United States intelligence establishment there are Ave elements involved in working with human sources of information. Most active is the CIA's Deputy Director of Plans (DDP). The three military services have their own collection elements, and the Defense Department also runs an elaborate and separate military attache sys- tem. The armed services and the CIA jointly operate De- fection Reception Centers and other programs at various locations around the world, and the State Department con- tributes indirectly to the intelligence process through its routine reporting of contacts with foreign government officials. The DDP employs all those people who "don't work at CIA." Its staff is all covert with various forms of cover. Most common among CIA's clandestine service is what is known as official cover. I was the Army librarian when I first joined CIA. Other members of my training class had covers ranging from an agronomist with the Department of Agriculture to an educational specialist at HEW. Even this light form of cover requires some fancy double-dealing. I had -an office number and telephone number at the Pentagon to back up my cover story. If anyone called me on the number, CIA had a special switchboard set up to monitor the incoming calls. The girls would see what num- . ber lit up on their board and answer the phone accordingly with either "Department of the Army Library," "Agricul- . tore Department," or whatever was appropriate. They would then dial my regular CIA office and connect *me with the outside caller only after iriforining the that-it was a cover call I was receiving. I suffered a few embarrassing moments major collection units, one each in Europe and the Far East. Broken into small de- tachments, they are scattered throughout the areas where United States military units are assigned. The Navy maintains similar ,units operating out of each of the major ' fleet headquarters. A goodly portion of their efforts is devoted to the counterintelligence activities necessary to protect the military security of United States bases abroad. It is when they get into the area of collecting positive foreign intelligence that their amateurish methods are most noticeable. To start with, they are easily iclettified in a crowd, as most have a tencpncy to adhere to American military-length' hair, wear their GI shoes and T-shirts, aRd look generally uncomfortable in PX-purchased civilian garb. The military custom of short tours overseas never allows for the develop- ment of operatives solidly based in their. areas. Their language ability is usually limited, and the rotation policies contribute to the continuation of marginal and even ,useless sources of information. In my years of scanning intelligence re- ports I noted a pattern to American military reports. Any noteworthy event such as the death of Ho Chi Minh or a change in the Chinese Communist power structure would be followed within a week or ten days by a rash of reports from United States military agents; purporting to have the real meaning of the latest development. Most were merely rehashes of the general editorial interpreta-. tions of the world press on the subject. The agents, however, claimed they got the in- formation from a party member who got it as the official gospel at a recent special' meeting of his party cell. A lingering anachronism in the field of human intelligence collection is the military attache system. The United States has more than 1100 military personnel assigned to 85 embassies around the world. The custom of exchanging military attaches, which dates from the 18th century. has long outgrown its usefulness in the field of military intelli. gence. In Communist countries, particularly the Soviet Union, the attaches are confined to living a ritual in which every one of their days is a staged event. They rarely, if ever, make contact with useful sources of in- formation, and their reports are filled with the cocktail party gossip of a group of Soviet military officers who serve as their counterparts and whose every action and word is carefully designed ahead of time. ]it countries such as Laos, Cambodia, and the African and Latin American coun- tries, the attaches have more flexibility in moving around the country and observing its military forces. The information col- lected, however, could be gleaned at con- siderably less expense by a well-paid clerk at the embassy who was trained to under- stand military tables of organization. The concept is that the attache can "get next to" the military hierarchy of the host country and thus learn all its deepest secrets, its war plans, and its military capabilities and in- tentions. As pointed out above, this does not work in the Communist countries, where the United States is threatened most directly. In underdeveloped countries the attache's training does not generally pro- vide him with the ability to understand the local military situation. He is inclined to judge military capabilities and intentions by the classic methods of adding up a nation's. infantry, tanks. and airplanes and from .there deducing its intentions. The attaches. in Laos and Cambodia, in particular, have made little if any solid contribution to the base of knowledge about the military- situa-tion in those countries. If anything, my ex- perience in reading United States attache in Vietnam. Agents a PP16S d P~ef lkelea' 2b0'~/93f0!na G4A ~7lYM0 "92Rd8~o'`OfaW0,01_ tncs to the fact that Approved For Release 2001/08/07 : CIA-RDP77-00432R000100090001'-7 agement. A friend of mine, a geologist, went to work for an oil company in the iFar East. another with the Pacific office of a major hank. They worked a regular eight- hour day for their employers and did their CIA chores at night and on weekends. CIA had an arrangement with the firths whereby salary differences, if any, were made up either by CIA or'the firm, depending on the man's position. Men with dependent skills, such as doctors and lawyers, are also set up in private practice abroad. Lastly. CIA uses what they call "deep cover." Men usually accept such tours for seven- to nine-year periods, and all traces of American governmental or commerciall. connections are kept to an absolute mini- nium. They blend into the local landscape and perform only discreet tasks for the Agency. They receive no pay while serving abroad-it's banked for them in the United States or Switzerland. They are prohibited from mixing with whatever American com- munity exists in their area of operation. Two classic cases spoken of frequently in CIA training sessions involved guys who found they could do better for themselves by severing their CIA connection. One man managed to start an, automobile battery manufacturing plant in Western Europe. Most of the funding came from CIA's coffers. In a few years. however, he found that the business was quite profitable, so he paid CIA back their original investment and quit to run his CIA-sponsored business. Another guy got CIA to set him up in a plywood manufacturing business on a Pa- cific island, and he, too, cut the cord once on his feet financially. The Agency was very angry but powerless to do anything about it because of the potential embarrassment to the United States government. Deep cover knows few bounds. CIA has a sur- prising number of Mormon church mem- bers in its employ, and the fact that many of these men had spent two years in a Mormon mission in Latin America or the Far East is not overlooked by CIA. A friend found himself back in the Mormon mission in Hong Kong after his training. The size of CIA stations abroad varies from two-man stations in places like Chad to stations of several hundred men, as in Saigon. On the average, however, most CIA 'stations number about 25 or 3t) people. They are all organized along the same lines, with the station chief reporting directly to the United States ambassador as his special adviser. Beneath him the station is organized into an operations branch, a reports branch and a support branch. The operations staff usually engages in three activities-counter- intelligence. political action and foreign in- telligence. The counterintelligence team is primarily concerned with protecting what- !.ever collection programs CIA has under way in the particular country. They focus on keeping tabs on the host government's intelligence arm to see that they don't find i out what targets CIA is working on. Foreign intelligence ' means simply the collection of positive information of use to the United States government. The greatest portion of a CIA station's effort is directed against such collection. Men in these jobs work closely with all elements 6f---the host government and society, collecting the kinds of information needed to determine what the government is planning. In Saigon, for example. we wined and dined every prov- ince chief and hattallion commander in the South Vietnamese governmental structure, trying to keep abreast of what particular group might he plotting a coup. In Western nations these kinds of operations are subtle and sophisticated, unlike the CIA operation period of years and carefully developed as reliable sources of information. The in- ducements for such work are rarely the kind of patriotic motives sonic Americans would suspect. Seldom, if ever, will you find a CIA agent who is a dedicated anti-Com- niunist or a man who believes that the i American form of democracy is the only form of government worth having. Nor- mally, CIA tries to find the human weak- nesses in a man in a position to supply it with information. In today's modern world this usually involves money or a tendency to chase women. Many agents accept CIA employment and risk treason for reasons as fundamental as keeping tip a mortgage pay- ntent. CIA has many ways of enticing its agents, from arranging to have the man's children attend college in the United States with all expenses paid to arranging to have the man promoted within his own govern- ment by devising situations in which he can be made to look good for his superiors. The reports section goes through all of the information that the CIA case officers de- velop in the course of a day's work. Every contact, every phone call, and every con- versation must be recorded by the foreign intelligence case officers. These reports filter through a three- to five-man reports sec- tion. and the meat of the day's developments is selected for dispatch to Washington by airmail pouch carried by the diplomatic couriers. While the emphasis in all of CIA's training is placed on the careful develop- ment of a good agent, the real world operates differently. Case officers are under tremendous pressure to get out the reports. The result is that many of them spend little time developing and cultivating new agents, but, instead, focus on getting a high number of cables sent back to Washington. When promotion time conies-despite all efforts to change the system-the men in the field are judged by the number of cables sent to Washington. Quality doesn't count, just quantity. The support branch carries on the normal personnel and finance chores necessary to any large organization. Their job, however; is not all that mundane, for operational re- quirements sometimes require them to come up overnight with a surgeon to tend an ailing head of state, a completely armored limousine for an important government figure, a quick plane trip out of country for an agent about to be burned, or a safe haven for an agent to hide in. Despite the seemingly adventurous tinge to the job of collecting intelligence abroad for CIA,. it should be stressed that the work routine abroad is considerably duller than one would suspect. The typical case officer with CIA spends an entire career without ever actually recruiting a new agent. Rather, he is assigned those already on the payroll when he arrives at a new station. He spends most of his time filling out innocuous con- , tact reports and keeping his operational files up to date with the trivia of intelligence that the bureaucracy requires, such as making weekly assessments of his agent, his prob- lems, his job, and his accessit ility to target information, and providing justification for continuation of his agent on the payroll. The typical case officer, too, is somewhat frus- trated in terms of promotion and assign- ment to a level of responsibility commensu- rate with his age and experience. The military has been involved in the field of human intelligence since the days of World War ft. Its reports have the unique reputation among intelligence professionals as "garbage," Today, somewhere on the order of 3500 United States military intelli- Approved they confuse more than they enlighten by applying the Army War College standards to the ragtag Pathet Lao and concluding that the Royal Army, equipped with jeeps, radios, and modern weapons, can easily defeat the less fortunate Pathet Lao. They never seemed to understand the tripartite nature of the Laotian government and were thus unable to tell the good guys from the bad. Their short tours of one year never afforded them the opportunity to get to know the Laotian military hierarchy, so they took everything they were' told by Laotian officers at face value and dutifully reported it to Washington. A lucrative source of firsthand human intelligence has developed since the mid- Fifties with the flow of political emigrants from East to West. Starting with the Hun- garian Revolution, CIA established De- fector Reception Centers in Europe to pro- ccss refugees in a systematic manner. Today, three major Defection Reception Centers operate, in Bonn, Miami and Sai- gon. There, escapees and emigrants from the Communist world are processed thor- oughly and debriefed in detail on their former lives. The staffs of these centers are. fairly ex- perienced interrogators in most cases, fa- miliar with the political, economic and social systeni'from which the emigrants are traveling. The greatest volume of traffic through these facilities consists of "low- level" defectors-individuals who simply elected to leave their homeland. Occasion- ally there is a "high-level" defector-one who has either made arrangements before- hand with a CIA case officer in his home country. has flown out a military aircraft, or has somehow managed to escape. These men are also processed through the recep- tion centers and given a more thorough and detailed debriefing, sometimes requiring Washington to send a team of experts to conduct the debriefing firsthand. Usually these men arc granted diplomatic asylum and established financially in the country of their choice. CIA has an clement set up to monitor the outside immigration quotas because of the value of information they provide of defectors allowed to emigrate to the United States. Known as the Contact Division, this unit engages in a wide variety of human collection programs, which are simply a housekeeping operation for the defectors. More important. Contact Division runs a program of collection which relies entirely on volunteers. They have 35 field offices throughout the United States, and the staffs_ of these offices maintain accounts files much the same as an advertising agency. 'They contact the presidents of major corporations who travel widely or individual scholars and scientists who travel abroad' in line with their work to attend seminars or other international gatherings. If the men are willing to volunteer their services, CIA will provide them with a detailed list of intelligence requirements from the Wash- ington elements of the community interested in their field of study. These sources are not paid for their services and are not ex- pected to put their lives or their professional reputations in jeopardy. Many of the "stu- dents" nabbed by Soviet police are, people trying to collect tidbits for CIA. The in- teiligence community relies heavily on the official reporting of the United States' State Department and other federal agencies con. ducting business abroad. Their daily reports. counted in the tens of thousands, are routed to the intelligence community and are screened by the analysts along with all other sources. These reports provide an insight into the day-to-day workings of the govern-, ment under study. More importantly, they provide some knowledge of the thinking of the individuals within that government. Today, two kinds of material are col- lected in the primary source category- commercial and radio broadcasts and docu- ments such as those picked up from under- ground headquarters of the Vietcong by, American soldiers. CIA maintains 14 listening posts around the world to monitor the radio broadcasts and press of target countries. They publish a daily compendium of the transcripts of these broadcasts under an arrangement with the Commerce Department. The collection program is known as the Foreign Broadcast Information Service (FBIS). The 14 over- seas listening posts in places such as Cy- prus. Liberia and Panama operate around the clock. They are staffed by some three hundred CIA editors who oversee the work of local native translators. All 14 listening stations arc linked by tclctypc to CiA1hcadi quarters; as the editors. sc:%A thc daily pro- gramming, they select worthwhile items for immediate teletype dispatch)to Washinr~gFton. In Washington, where the daily rcphrt is put out, the I=BIS is broken down into geo- graphic areas, with, editors 'scletting the most important items of the day's take for publication. They also maintain an office known as the Radio' Propaganda Analysis Branch, wherein men who have been fol- lowing a particular country for, some time scan all of the daily take and put out analyses of the radio broadcasts. This in- cludes the amount of time that. Moscow, for example, might devote to the SALT talks and the Middle East situation. Since the Communist countries have a controlled radio and press, the relative importance of a subject to the Communist government can he seen by the weight of radio and press. the subject is given. More detailed studies of lengthy speeches by Communist officials are rendered, saving the users of the in- formation the agony of reading through a three-hour Castro speech, for example. FBIS has become a very important source of intelligence in the past 20 years. It wasp over FBIS that United States, intelligence, first learned of Khrushchev's ouster, of the Czech invasion, of most Latin American coups, of Ho Chi Minh's death, and of Nasser 's death. All of the FBIS listing posts are able to send CRITIC message to the White House and have done so on many occasions. ? The Vietnam war has resulted in an over- whelming number of Communist documents coming into the hands of United States in- telligence. The volume was so great that it was' measured in, tons in 1966-67. This ;.necessitated the establishment of ?a docu. ment exploitation system so that tactical and long-range intelligence could be ex- tracted from the mass of paper -in h syste- ntatijc and reliable way. Despite the, (forts of more than 1500 persons assigned o this- awesome task by the United States Army; the' problem was never mastered, The va? ricly of'?documcnts covers the entire range of paper that you would expect any army to; maintain in the field-front, medical records to personnel and finance rosters, to the awarding of medals to individuals, and to the detailed studies of battles won and lost. Orders from higher up the chain of command and treatises on how the wdr, was going were also included. At best, the Army'w.as able to provide a one-paragraph summary of any particular document unless someone up the- line determined that it should be translated in its entirety. The volume was simply too great for reasonable exploitation. of the, material, and scholars of Vietnatti will have a rich area for re- search when and if the documentation' is released. It can be readily seen that intelligence collection knows almost no bounds. Every ..angle is covered. There are major problems thtroughout, primarily problems of coordina. tion. It is difficult to etablish adequate con- trol once collection gets started because of the complex layers of bureaucracy.. That is why the United states Army is having diffi- culty assuring Congress that the files of in- formation collected on American citizens in, 1968 have been destroyed. Despite several. direct orders from the Assistant Secretary of Defense, the files are still active in several branches of the Army intelligence strut= ture. THE WASHINGTON POST y'ran~~.T.Fm15.ld,lfP, By Jack Andes wigs Intelligence Items clandestine reports were sent by lightweight sideband equip- ment to Nam Yeu for tranila- ,tion and relay to Vientienne, and on to CIA headquarters at McLean, Va. Sea Saga - Secret Inte?Ilt- ~gence reports describe what was probably the last naval action of the Vietnam war.; Four missile boats, each load- ed with two deadly STYX min.' sites, slipped out of China end; crept down the coastline, care fully staying in Chinese terrf-. torial waters until they reached some small North Vietnamese islands north of Haiphong., They tried to hide among the islands but failed to escape, detection. On December 17 Ahitt4cnd AA9 If fflAtfii',lttYtlilwr5 struck the boats in their litd. ing places, sinking one and damaging two. The fourth got away. ( 1973. United Feature Syndicate Secret Attack - Pathet Lao troops, attacking in battalion, strength a few days stns over.? ran a key U.S. Intelligence out- post In the remote northeast ern corner of Laos near the Burmese border. Knocked out, by the attack was the Central: 'Intelligence Agency's main in- telligence base at Nam Ycu for operations Into Communist China. Sabotage and recon- naissance teams, operating out, of Nam Yea have been pene- trating deep Into China's' southern Yunnan province, The teams stayed inside China for as long as four to nix months, some penetrating an far north as Kunming. The 34 Approved For Release 2001/08/07 : CIA-RDP77-00432R000100090001-7 Approved For Release 2001/08/07 : CIA-RDP77-00432R000100090001-7 ST. LOUIS POST-DISPATCH 30 Jan73 77 ' /r1h 7" By CURT 11ATTHE