LETTER TO WILLIAM J. CASEY FROM JESSE HELMS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP88G01116R001402570017-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 14
• Document Creation Date: December 22, 2016
• Document Release Date: March 25, 2011
• Sequence Number: 17
• Publication Date: September 23, 1986
• Content Type: LETTER

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STAT
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EXECUTIVE SECRETARIAT
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18 D/Spruri 1
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STAT
Date
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Um"ted *ates senate
Execut;n Re isin
86.4245x/ 1
September 23, 1986
The Honorable William J. Casey
Director
Central Intelligence Agency
Washington, D.C. 20505
Anent your good letter of
September 19, you have satisfied
me completely. You responded forth-
rightly and without equivocation --
which is a lot more than can be
said for a lot of folks in this town.
Many thanks. I think you'll
be satisfied with the way things
proceed hence.
Kindest personal regards.
Sincerely,
"qs- - - b-4.
JESSE HELMS:pd
.5-111-IT
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ER86-4245X
19 September 1986
The Honorable Jesse Helms
United States Senate
Washington, D X. 20510
I have your letter of 15 September 1986 in which you questioned whether the
Agency engaged in illegal or improper surveillance of you during your trip to
Chile last July and subsequently leaked information derived from that
surveillance to the press. In a previous letter, you asked the Attorney General
to investigate this matter.
Since you have raised a number of very serious issues, let me first set the
record straight on a few key points. First, CIA did not in any way, shape or
form conduct surveillance against you or any member of your delegation during
your trip. Second, no one in this Agency leaked any information of any kind to
the press about your trip. Third, CIA has undertaken no investigation, nor has
it asked any other part of the Government to undertake any investigation,
concerning you or any member of your staff in connection with this entire
matter.
Jesse, I think that my deep and increasing concern about leaks of
intelligence information is well documented. Nevertheless, it must be
remembered that CIA does not have the authority to investigate unauthorized
disclosures except insofar as determining whether or not an Agency employee may
be involved. As I have indicated, we have absolutely no indication that this is
the case with respect to the leaks you have cited in your correspondence. Of
course, we will fully cooperate with any investigation undertaken by the FBI or
other appropriate investigative body into any unauthorized disclosure of
intelligence information.
I hope that this serves to allay your concerns on this matter.
Sincerely,
WVliam J. Casey
Director of Central Intelligence
cc: Attorney General
The Honorable Dave Durenberger
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Distribution:
Original - Addressees
1 - DCI
1 - DDCI
1 - ER
1 - DDa
1 - DDI
1 - D/OS
1-C/!A
1 - General Counsel
1 - D/OPA
1 - OOC/ILD
1_ LDO
1 - F2D/OCA
OCA/LEG:
DDWOCA
1 - OCA Le S sect File s Leaks
19 Sept 86)
J - Doff ~~ C 9/~~~
STAT
STAT
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EXECUTIVE SECRETARIAL
ROUTING SUP
Remarks To 13: Please have appropriate response
preparecd. (FYI: A copy of referenced 5 Aug letter
to the AG is attached.)
3637 (10-81)
STAT
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 JES$PAHELW, Sanitized Copy Approved for Release 2011/03/25: CIA-RDP88G01116R001402570017-5
lunited *ates senate
September 15, 1986
The Honorable William Casey
Director of Central Intelligence
Central Intelligence Agency
Washington, D.C. 20505
Dear Mr. Casey:
On August 5, 1986, I sent a letter to the Attorney
General requesting all intelligence reports related to the
Helms delegation trip to Chile of early July. A copy of this
letter was also sent to you. The Attorney General advises me
that I should request these intelligence reports directly
from you, which I hereby do.
Second, my August 5 letter also refers to Executive
Orders forbidding surveillance of American citizens abroad by
CIA, reminds the Attorney General of the constitutional
privileges of a Senator, and complains about the leakage of
information about intelligence on the Helms delegation trip
to the press. I have carefully read the current Executive
Order 12333 of December 4, 1981, regarding United States
Intelligence Activities. Section 2.4 on Collection
Techniques states:
"Agencies within the Intelligence Community shall use
the least intrusive collection techniques feasible
within the United States or directed against United
States persons abroad. Agencies are nig-1 authorized to
use such techniques as electronic surveillance,
unconsented physical search, mail surveillance, physical
surveillance, or monitoring devices unless they are in
accordance with procedures established by the head of
the agency concerned and approved by the Attorney
General. Such procedures shall protect constitutional
and other legal rights and limit use of such information
to lawful governmental purposes." (Emphasis added.)
I believe that this language confirms my earlier assertion
that CIA should not be bugging senators on their travels
abroad or leaking information from such illegal bugging to
the press. Further, I believe that this language gives me
5:x/1
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2
solid ground for requesting the FBI investigate the CIA,
because leaking information from illegal bugging to the press
is surely not a "lawful governmental purpose." Accordingly,
I ask you to give me written assurance that the CIA will
cooperate with the FBI in this investigation.
Finally, I renew my request that the "series check"
procedure be invoked regarding any intelligence reports which
may have resulted from this illegal bugging, and I request
that any such reports be made available to me and my cleared
staff immediately.
Sincerely,
J se Helms
. Senator
Copies to: Secretary of State
Attorney General of U.S.
Hon. David Durenberger
Director, FBI
President' Foreign Intelligence Advisory Board
Intelligence Oversight Board
Secretary of Treasury
Senate Majority Leader, Hon. Bob Dole
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JAS$I MEIMS. NORTH CAROLINA CIAPIORN( PELL RHODE IS:ANO
CHARLES MCC MATwAS? J11. MARYLAND JOSEPH K t10fN JR. D(LAWARf E~EI,ull~t ~~
NANCY L EA$$ISAUM. KANSAS PAUL S SARSAMfS MARYLAND
RUOY SOSCHWITL MINNESOTA EDWARD IORINSKY NEBRASKA
LARRY PRESSLER. SOUTH DAKOTA ALAN CRANSTON CALIfOPNIA ~~? ERANR H MURROWSKI. ALASKA 35,99X
CMg15 TOPH[R J GOOD c::NNEC'IC11T PAUL S J (V AAN N TfNt JR VIRGINIA TMOMA$ P FAi,~ S uIS S,'1, A. ~ - - ,
DANIEL S WASHINGTON J0.4I KEAm DODD ??. "S ~M1 {~~? tflaCe,S ~J~Qt~
JEPfNEY T ?ERGN(R STA/I DIRICIGa
GIRVLD S CMRISTIANSON MINOKRV S`A/I DIMIC?O-
COMMITTEE ON FOREIGN RELATIONS
WASHINGTON. DC 20510
August 5, 1986
The Honorable Edwin Meese III
Attorney General of the United States
Department of Justice
Constitution and 10th Street, N.W.
Washington, D.C. 20530
Dear Mr. Attorney General:
A recent spate of press attacks on me and my staff about
our trip to Chile, ostensibly based upon interviews with
nameless State Department officials, CIA officials, and staff
members of the Senate Intelligence Committee, alleges that I
or my staff leaked classified information to the Chilean
Government. This whole episode is a frivolous and false
indictment of me and my staff.
Yet some of the information appearing in the press
claims to have reference to conversations we had in Chile,
and subsequently, about matters which are in no way
classified. My concern is not that I would object to sharing
the substance of these conversations, because nothing
improper or unlawful took place; rather, my concern lies with
the possibility that the CIA and other U.S. intelligence
organizations may be unlawfully-invading-the-privacy---of
-
Senators, including me. Moreover, it appears that some
employees of the U.S. government, with access to this
unlawful information, are unlawfully leaking it selectively
to the press. If this has occurred, it must be stopped.
I have absolutely nothing to hide, but I will be deeply
disturbed if it is discovered that the CIA or other U.S.
intelligence agencies have violated the law.
The point is this: I believe there are both Executive
Orders and legal restrictions forbidding surveillance of
American citizens abroad by CIA and other U.S. intelligence
organizations. It is my further understanding that
minimization procedures are followed with respect to the
reporting of names of American citizens who are accidentally
encountered in surveillance situations, and that such names
are not reported when they are collected in intelligence
actions unless tney are under surveillance for being foreign
agents.
$7 // / - //"o
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2
''.:`e_ . : am advised that a procedure,
cneCx" ,.:i_- been used in the past to protect Je.i
move...,.. off icia_s from potential misrep-
tneir J,;tie ,f their names or actions are rea,-)rtec
inte Ience, by giving them the right to prior re iew anti to
determine the dissemination of this intelligence.
Finally, I believe that the separation of power;:
doctrine in the U.S. Constitution, as well as the speecr, or
debate clause of the U.S. Constitution, provide cert_:n
imrr,un.ties and privileges for U.S. Senators and their staffs,
including wnen they are traveling abroad on fact-flna:n;;
missions.
Accordingly, I request an FBI investigation of tr:e CIA
and the NSA to determine whether the Helms Delegation was
under U.S. electronic or physical surveillance at anytime
during its trip to Chile in July, 1986. Moreover this
request should include information derived from foreign
intelligence liaison services.
Second, it is important that this investigation
determine who leaked such ostensibly classified information
to the New York Times--an action which resulted in an article
appearing on Sunday August 4, 1986, and which contained false
information regarding an investigation of me and my staff.
Subsequently, similar stories appeared in other media, also
based, allegedly, on sources in the U.S. government with
access to classified information.
Third, I request that you ask the CIA and the State
Department to provide to me and my cleared staff copies of
any intelligence reports and all diplomatic reports related
to my delegation. I also request that the "series check"
procedure be invoked regarding these materials so that my
Senatorial rights and privileges, and those of ether Senators
:n the future, are protected. I believe that I nave a right
to know what allegations are being investigated.
Your prompt attention to this matter will be greatly
appreciated.
Sincerely, sse el!AAe
U.S. Senator
cc: ;Honoraziie David Durenberger
Honorable William Casey
Honorable George Shultz
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EXECUTIVE SECRETARIAT
ROUTING SLIP
ACTION
INFO
DATE
INITIAL
1
DCI
X
2
DDCI
3
EXDIR
X
4
D/ICS
5
DDI
6
DDA
7
DDO
8
DDS&T
9
Chm/NIC
10
GC
11
IG
12
Compt
13
D/OLL
14
D/PAO
15
D/PERS
16
VC/NIC
17
C UDA
18
D/CCISCMS
x
19
D/Securit
/DA
X
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GC
X
21
22
Ex utive Secretary
8 Aug 86
STAT
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MCHMD G LUGAR. INDIANA. CHAIRMAN
JESSE HELMS. NORTH CAROLINA CLAIBORNE PELL RHODE ISLAND G(;
CHARLES McC MATHIAS. JR.. MARYLAND JOSEPH R. BIDEN. JR., DELAWARE EkBCIIiPIE +II~,' I
NANCY L KASSEBAUM. KANSAS PAUL S. SARBANES. MARYLAND
RUDY BOSCHWITZ. MINNESOTA EDWARD ZORINSILY. NEBRASKA
_
LARRY SOUTH DAKOTA ALAN CRANSTON. CALIFORNIA
RANK H N. . MURKOWSKI. ALASKA CHRISTOPHER ER J. . DODO, CONNECTICUT ~ 3589x
F (United ~~~~~~ ,*Mate
PAUL S. TRIBLE. JR.. VIRGINIA THOMAS F. EAGLETON, MISSOURI ------?----"
DANIEL J EVANS, WASHINGTON JOHN F. KERRY. MASSACHUSETTS
JEFFREY T. BERGNER, STAFF DIRECTOR
GERYLD B. CHRISTIANSON, MINORITY STAFF DIRECTOR
COMMITTEE ON FOREIGN RELATIONS
WASHINGTON, DC 20510
August 5, 1986
The Honorable Edwin Meese III
Attorney General of the United States
Department of Justice
Constitution and 10th Street, N.W.
Washington, D.C. 20530
Dear Mr. Attorney General:
A recent spate of press attacks on me and my staff about
our trip to Chile, ostensibly based upon interviews with
nameless State Department officials, CIA officials, and staff
members of the Senate Intelligence Committee, alleges that I
or my staff leaked classified information to the Chilean
Government. This whole episode is a frivolous and false
indictment of me and my staff.
Yet some of the information appearing in the press
claims to have reference to conversations we had in Chile,
and subsequently, about matters which are in no way
classified. My concern is not that I would object to sharing
the substance of these conversations, because nothing
improper or unlawful took place; rather, my concern lies with
the possibility that the CIA and other U.S. intelligence
organizations may be unlawfully invading the privacy of
Senators, including me. Moreover, it appears that some
employees of the U.S. government, with access to this
unlawful information, are unlawfully leaking it selectively
to the press. If this has occurred, it must be stopped.
I have absolutely nothing to hide, but I will be deeply
disturbed if it is discovered that the CIA or other U.S.
intelligence agencies have violated the law.
The point is this: I believe there are both Executive
Orders and legal restrictions forbidding surveillance of
American citizens abroad by CIA and other U.S. intelligence
organizations. It is my further understanding that
minimization procedures are followed with respect to the
reporting of names of American citizens who are accidentally
encountered in surveillance situations, and that such names
are not reported when they are collected in intelligence
actions unless they are under surveillance for being foreign
agents.
S'- I'll-be
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Moreover, I am advised that a procedure known as "series
check" has been used in the past to protect senior U.S.
Government officials from potential misrepresentation of
their duties if their names or actions are reported in U.S.
intelligence, by giving them the right to prior review and to
determine the dissemination of this intelligence.
Finally, I believe that the separation of powers
doctrine in the U.S. Constitution, as well as the speech or
debate clause of the U.S. Constitution, provide certain
immunities and privileges for U.S. Senators and their staffs,
including when they are traveling abroad on fact-finding
missions.
Accordingly, I request an FBI investigation of the CIA
and the NSA to determine whether the Helms Delegation was
under U.S. electronic or physical surveillance at anytime
during its trip to Chile in July, 1986. Moreover this
request should include information derived from foreign
intelligence liaison services.
Second, it is important that this investigation
determine who leaked such ostensibly classified information
to the New York Times--an action which resulted in an article
appearing on Sunday August 4, 1986, and which contained false
information regarding an investigation of me and my staff.
Subsequently, similar stories appeared in other media, also
based, allegedly, on sources in the U.S. government with
access to classified information.
Third, I request that you ask the CIA and the State
Department to provide to me and my cleared staff copies of
any intelligence reports and all diplomatic reports related
to my delegation. I also request that the "series check"
procedure be invoked regarding these materials so that my
Senatorial rights and privileges, and those of other Senators
in the future, are protected. I believe that I have a right
to know what allegations are being investigated.
Your prompt attention to this matter will be greatly
appreciated.
Sincerely,
1
sse Helms
U.S. Senator
cc: Honorable David Durenberger
Honorable William Casey
Honorable George Shultz
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