DCI TESTIMONY BEFORE THE SUBCOMMITTEE ON SECRECY AND DISCLOSURE, SENATE SELECT COMMITTEE ON INTELLIGENCE, 1 MARCH 1978

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R000200060131-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 16, 2016
• Document Release Date: October 1, 2004
• Sequence Number: 131
• Publication Date: March 1, 1978
• Content Type: MFR

Approved For Release 2004/10/12: CIA-RDP81 M00980R000200060ON
OLC #78-0797
1 March 1978.
MEMORANDUM FOR THE RECORD
SUBJECT: DCI Testimony Before the Subcommittee on
Secrecy and Disclosure, Senate Select
Committee on Intelligence, I March 1978
1. The Director testified today before the Subcommittee on Secrecy
and Disclosure, Senate Select Committee on Intelligence (SSCI), in open
session on the subject of the use of classified information in criminal
prosecutions. The hearing was scheduled for 10:00 a. m. but actually
commenced about 10:30 a. m. and the Director finished testifying at
approximately noon. The hearing was held in room 457 Russell Senate
Office Building. A transcript was taken byl
2. Members of the Subcommittee present included:
Joseph R. Biden (D., Del.), Chairman
William D. Hathaway (D., Maine) James B. Pearson (R., Kan.)
Walter Huddleston (D.. Ky.)
Present from the full Committee was:
Gary Hart (D., Colo.)
3. Members of the SSCI staff present were:
Mark Gitenstein Mike Epstein
David Bushong Spencer Davis
Tom Moore Pat Norton
4. Representing the Agency were:
Stansfield Turner Director of Central Intelligence
Anthony A. Lapham General Counsel
Accompanied by:
Acting Legislative Counsel
Assistant General Counsel
Assistant Legislative Counsel
Approved For Release 2004/10/12 : CIA-RDP81M00980R000200060131-9
 Approved For Release 2004/10/12 : CIA-RDP81M00980R000200060131-9
4. Chairman Biden opened the hearing by reading a prepared
statement (attached) emphasizing the Subcommittee's year-long
investigation into this problem and summarizing Subcommittee findings.
The statement stressed that the hearing was an honest attempt to seek
solutions for serious problems recognized by both the Executive and
Legislative Branches and that the hearing should not be considered
adversary. All other Senators present also made brief opening state-
ments. Senator Hart's statement stressed his opinion that most leaks come
from high-ranking Administration officials in order to support political
positions and not from those commonly attacked by intelligence officials
as responsible for leaks.
5. The Director next read his opening statement (attached) outlining
the conflicting intelligence and criminal prosecution interests which must
be resolved in deciding whether to go to trial in criminal cases which may
involve use of classified information by the prosecution or defense. The
statement concluded with a strong attack of those who take it upon them-
selves to leak information. The Director stated that there are acceptable
alternatives to this, such as going to one of the Congressional oversight
committees or to the Intelligence Oversight Board, but these alternatives
have not been chosen by those leaking information.
6. Chairman Biden set the stage for questions by reading five
Committee staff-developed hypotheticals included to illustrate problems in
this area. However, no specific questions on the hypotheticals were
asked by the members.
7. Senator Hathaway suggested that perhaps a third party--other
than the Director or the Attorney General--should make a decision on
whether to prosecute. The Director pointed out that he is satisfied with
the present situation wherein the Attorney General makes the final decision
unless the Director appeals to the President. The Director rejected the
suggestion of a third party, but, at Senator Hathaway's request, agreed
to give this matter additional thought.
8. Senator Hart expressed irritation at parts of the Director's
statement wherein he attacked leakers by emphasizing that most leaks
come from high-level officials. The Director acknowledged he was -
concerned about these leaks as well as those by other officials. He
pointed out that, in his experience, these high-level leaks had not been
as serious as the type he was focusing on in his opening statement.
9. Chairman Biden concluded the questioning by asking if there were
any administrative ways to penalize leakers, such as docking pay or re-
ducing or eliminating pensions, and asked if the Director would want this
authority. The Director pointed out his present authority in this matter was
unclear except that he had the unqualified right to dismiss present employees.
He expressed reservations about the DCI having this additional authority
unless there were firm checks and balances to prevent arbitrariness.
Approved For Release 2004/10/12 : CIA-RDP81M00980R000200060131-9
 Approved For Release 2004/10/12 : CIA-RDP81 M00980R000200060131-9
10. Possible follow-up items:
a. If worthwhile, communicate with the Committee about Senator
Hathaway's suggestion that a third party make the final decision
regarding whether to go to prosecution.
b. Some follow-up with Senator Hart about his concern over
high-level leakers would be helpful.
c. Chairman Biden indicated that additional questions, chiefly
on possible administrative remedies, would be
Director. STAT
Attachments
Distribution:
Orig OLC Subj w/att
1 OGC wo/att
1-
RLB watt
L OLC Chrono wo/att
OLC'IDFM/mg (2 Mar 78)
Assibczair i-jugis-LaUve counsel
Iwo / att
Approved For Release 2004/10/12 : CIA-RDP81M00980R000200060131-9