STRONG CURB ASKED ON SECRET PAPERS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89B00236R000300270016-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 22, 2016
• Document Release Date: February 23, 2010
• Sequence Number: 16
• Content Type: OPEN SOURCE

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~URRIM UURUPAO1 U
UT
PAPERS1
keport Urges Prison Term for
Ur euthor ed Disclosures
t3lT MOD 12M PRAM
SPdd to TRe Alamo York Thad
WASHINGTON, April 20 - A com-
mittee of Reagan Administration offi-
cials has proposed a "law under which
any Government employee who im-
properly discloses classified informa-
tion would he subject to a criminal pen-
alty of three year in prison and a fine of
np to ~10,i0.
The committee, in an internal report,
said, "Unauthorized disclosure of clays-d!
sified information has become an in-
creasinaly common occurrence."
However, It added, 'There is no Sin
310 statute that makes it a crime as
such for a Government employee to dis-
close classified information without au-
thoriaation."
y`-'IYIl"""~ !f'r~ d11~=W1LL41WilI~
Thus, the passel said, "to close the
naps in the present law, we recommend
the introduction of legislation imposing
a criminal penalty for all unauthorized
disclosures of classified information by
Crc",f'G.rnment employees- and former
c z ayees.
y L'- chairman of the panel, Deputy
mac: cto nt Attorney General Richard X.
WY Ll c?d, said today that the Administre-
WL I'.ad not decided whether to make e
?0 L1,,for effort" to win Congres, moral ap.
p of the proposed statute. In prin-
c'-%?o, he said, the Administration
=Z.3lyy supports such a statute.
,ZOO panel was convened by Attorney
G ~3a1 William Frennch Smith at the
.z t of William P. Clark, President
es IPcgs I Il4~ r L .a fi )
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0
Panel Asks Pen 11 ally on Leaks
Contn
ud
STAT
g
should be "investigated ng officials
in the same manner" as other Penalized
However, in an interview, M Wil-
lard said the Presid
thorize disclosure ent could legally au-
s
'
lice, State Val ments of Jus.
Treasury Defense and
Energy. ,, '
Officials at the Defense
and the State Department oee Department
classified ftt
Information to disclose
journalists
against ar arguments for In
lard's report said that un iu Mr, Wil-
h authorized dis-
closures by hi
Reagan's national security adviser,
who wanted to know what the Adminis-
tration could do to stop the unauth
disclosure orized
of classified information.
The Panel was composed of senior offi-
cials from the central Intelligence
Agency and the D
mation.In of class
4P~d infor-
mation general, he added'$lat Infor. the official who authorized declassified only by
classification or b, the original
cial " higher in the chain y a supervisory offs-
Thus, he said, ?icemmand.
could declassirv infor
r3' of State
a
m
tion
by the State Department but generated
d~asslt'hJormationori originally not
fled by the 'C.I.A. unless the him authority to do so. President
Laws Likened tt prohibition
the Ameri Lynch, a
I Liberties staff attorney for
said that such laws would be difficult ,
enforce. "It would be like-Prohibition
he added- ose nro
o
p
sals try to
thing that stop
some People do all ' the time. "
Virtually all the panel's
n
dations beyond the new statute, f
greater use of polygraphs, secrec
agreements and "Pbl
u
re
e-
"
p
ica r
a mew
of manuscripts,
were adopt tion ed in
- lrective issued by the President on
TWO House subcommittees
hold a . joint h Plan to
restive Thursday. on the Reagan di.
The subcommittee
wards en, Representatives Don Ed.
of California and Patricia
'Schroeder of Colorado, both
Demo
have criticized the order. .
tee recommended report by Mr. Wiliard's commit.
mm
for ended tough administrative
ny Federal employee
found to have adisclosed
without Permission classified da
meat employees " it For most Govern.
Prospect of being demoted a
,
fired for
eaking classified or
c
i
nformation
serve as
adeterrent." would
Pentagon Papers Case Recalled
Justice Department officials said
there had never been a successful
Prosecution of a Government
for the unauthorized employee
sifieii disclosure of clan.
information. No prosecution has
been attempted since Daniel Ellsberg
and Anthony J R
I
.
usso Jr. were indicted
f conspiracy, espio.
In
n
pio.
nage 1971 o theist es oGov
stemming from Publi cat on of the property
tagon Papers. A Federal judge eventu.
ally dismissed the charges because of
what he said was " Improper Govern.
ment conduct" in the investigation.
classified acy, es
Mr. Reagan's directive of March 11
said that Federal employees and for.
hisrhl"
mer employees with access t
would have to
for submitman uscripts to the Government
review, to "ass
classified ure deletion" of all
comm info rmation. Mr. Willard's
erde ittee, known formally as the in.
lied DPar~mentai Group on Unauthor-"I of tion, recommended such ch re d Informs.
cased maiN reviews but to..
employees, Y ?n disclosures by current
The other members of Mi
deputy were Ernest - . WMayerfeillard's
Y gene
ld
On ell
,
counsel of the Central
ern deedce cY; Daniel W. Mc
deputy- legal adviser at Gov
tt
Partment. Jordan Luke th
e State
ggeeenn Buckkel at the Treasury; tht
t
ttf
orneY; L. Britt
Sr Partin a +
counterintelli Snider, director
d security hTIP
l
at the Pentagona
d
J
n
r, a Deputy AssistA cs W. C`"itr
A
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beholden to a foreign power, does the
United States have the will to organize
and supply the resistance - and the
skill to enable the local anti-Commu-
nists to win their own battles? Are we
so transfixed by our Vietnam defeat
that we cannot help mount a defense
of our own continent?
Ah, but the questions are not so sim-
ple, the isolationists say. The internal
shortcomings of our allies, and not
Soviet-Cuban agitation, may be 'the
cause of the fighting. Why should we
care which totalitarian regime wins?
The unselfish answer is that we
should care on the basis of human.
rights, because we have seen that no
modern government inflicts police-
state brutality as thoroughly as a
Communist government; the selfish
answer is that the United. States must
care on the basis of its own defense.
Assuming that Mr. Reagan will
make the case for rising to responsi.
bilitles, here are notes for his yellow
pad:
1. Don't. waste much time proving
again that Castroites and Sandinists
are supplied by Moscow;' that's a
given. Point to the four Libyan planes
turned back by the Brazilians: their
cargo was labeled "ambulances, hos-
pital equipment and medical sup-
plies"; that's what they call Soviet
guns, rockets and ammunition for
Nicaragua's army. Make the point
and move on.
2. Show how this region is central to
U.S. defense. Nearly half our foreign
trade tonnage and imparted crude oil
passes through the Caribbean; access
to the 'Panama Canal is vital., The
Communist conquest and use of Cen-
tral America would pose a direct
strategic danger.
3. Expose the hypocrisy of isolation-
ist "compassion". Ten percent of the
population of ,El Salvador - a half-
Coe an C goo
Y William Safire
ary
pression; these refugees are not run-
ning from phantoms. `
WASHINGTON, April 20 - Presi- 4. Tell Americans what the fine-
dent Reagan has decided to use a joint sounding "negotiated settlement"
session of Congress as his forum to ad- - means in El Salvador. It means upset-
dress the American people on the de- tang the results of a democratic elec-
fense of this hemisphere. It's about tion and forcing the Government to
time. share power with gunmen, leading to
Isolationists, have mired us in salami-tactic takeovers. We are not
squabbles about how secret our de- going to force our any do that.
fense should be, whether we help or 5. Explain the purpose of our not-so-
hinder the anti-Communist forces secret war in Nicaragua. The Carter'
with our aid, and whether we are Administration tried bribing the San-
going to be drawn into another Viet- dinists with twice the foreign aid and
nam. The President has a duty-to lift multilateral loans in two years that
the nation's eyes to the essential de. was provided the Somoza regime in 20
bate: years; appeasement did not stop
In the face of an undeniable pane- Nicaragua from gagging its press and
tration of Central America by forces subverting its neighbor. Since the San-
dinists would not stop pouring arms
into El Salvador, we decided to help
the anti-Sandinists make life hard for
the troublemakers in Nicaragua..
6. Does this mean .we are breaking
the curious law passed to guarantee
icaraguan Communists, that our aid
would not be used to overthrow them?
o; arming 5,OII0 anti-Sandinists is
rdly likely to lead to the overthrow
of a regime backed by a 75,00-man
army.' Obviously we are helping to
make life miserable for the junta by
supplying its opponents; this is called
"applying pressure." A painful tax on
the export of revolution will be more
subverting El Salvador than the mil-
lions spent on appeasement.
plug on "our" Nicaraguans if the San-
dinists pull the plug on "their" guer-
rillas in El Salvador? The President
should refuse to countenance such a
deal, which would be like the Shah's
betrayal of the Kurds; he should press
foriree elections in both countries,
and let all anti-government factions
take their chances at the polls.
8. The Reagan Corollary. Needed
now is an assertion of U.S. policy to
update the Monroe Doctrine. We
should pledge our willingness to an..
saver, Communist subversion not
merely with aid to the victim but with
support of clandestine opposition in
the subverting countries. Recognizing
the war power of the Congress, the
President should ask the. joint session
to appropriate specific "punitive
funds" to finance the indigenous har.
assment of our allies' harassers.
9. Peroration. Ixnay on the usual
soaring rhetoric and spiritual uplift. ,
Get serious, even solemn: Central
America is too close to home for isola-
tionism to be an option. We will help,
our friends defend themselves. Take
note
Havana and Tri
oli: W
ll
,
p
e wa
'Just as 30 percent of Afghanistan's apply the pressure to the source of the
STA
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