WHY SHOULD WE ENDANGER OUR SPIES?

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00552R000201080025-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 22, 2016
• Document Release Date: June 28, 2010
• Sequence Number: 25
• Publication Date: October 4, 1981
• Content Type: OPEN SOURCE

Sanitized Copy Approved for Release 2010/06/28: CIA-RDP90-00552R000201080025-5
ARTICLE APPEAREb THE WASHINGTON POST
ON PAGE__,? -- 4 October 1981
STAT
why Should We Endanger.: Our.: S ies
When a complicated problem is be-
fore Congress, it is extremely conven-
ient to pin onany proposed solution a
simplistic label reelecting .the. labeler's
bias-and then to make .a judgment
based on one's appraisal of the label..
A current case of simplistic labeling'
and predictable judgments is the desig
nation. by the press of legislation to for-
bid the disclosure of the names.of cov-
ert agents serving our country abroad.
It "liimits free speech."Such legislation
is. in the words of the Post (Sept. 25)
"a swipe at the First' Amendment.".,
Congress, in a frenzy, is Mowing away
our rights of free speech, The Post
would have us believe. ,
Labeling is considerably easier than
studying the legislation-or producing a
solution.
The problem: Americans in the em-
ploy. of our government are sent abrqad
by that government on dangerous mis-,
lions. Their identities as agents are con-
cealed for, their protection and so that
they might better accomplish their as-
signed tasks. Other Americans, with la-
borious effort, considerable skill and
[_Taking Exception:
countless hours, using the montage of
unclassified materials, ferret out the
names of. these agents, publish their.
names and thus imperil the lives of their
fellow countrymen;. One Agent, Richard
Welch, was murdered in Athens follow-
ing such a disclosure. Others have had
attempts made on their lives, their farm-.
lies have suffered, and useful careers
have been terminated.
What should we do?
"Nothing," counsels the'press. Any
action would allegedly require a sacri-
fice of constitutional liberties. Freedom
of speech must not be abridged.
Exactly right-to a limit. Long ago,
it was decided that one's right to, free-
dom of speech ends when the other
man's safety is endangered. There is no
right under freedom of speech to cry
"fire" in a crowded theater. There is no
right, having observed the wartime
troop ship depart, to tell the world
' about it.
Legislation I have sponsored in the
Senate, which has now passed the
House' of Representatives, makes it a
crime to pursue a "pattern of activities
intended to identify and expose covert
agents with reason. to believe that such
activities would impair or impede the
foreign intelligence activities 'of the
United States,...""
Note that this legislation deals solely
with the identification and exposui+e of
agents. It does not inhibit the.revela-.
tion of intelligence abuses or cry for re-
form, as has been charged. A reporter
is free to castigate. our: intelligence
agencies, their. leaders, their activities,.
and the results of the. work done. But
systematic disclosure of agents' names
is forbidden. Will this stifle reform?
The answer is no. The entire activi-
ties of former senator Frank Church's
committee in 1975, and its investiga- .
tion of the CIA; never once involved
the disclosure of an agent.
To be found guilty under this legis-
lationwould require proof of six ele
ments. The accused must have.
? Acted in the. course of a "pattern
of activities intended to identify and.
expose covert agents."
? Had "reason to believe that such)
'activities would impair or impede for
eign intelligence activities of the.
United States."
? Disclosed information that did,. in
fact, identify a covert agent.
? Made disclosure "to any individ-
ual not authorized to receive classified
information."
? Known that the information dig-
closed) did, in fact, 'identify a covert;.
agent.
? Known .that. the government was.:
"taking;?affirmative measures to con-
ceal such individual's classified' intelli='
gene relationship lathe U:S."
`~
Much- is made' of the, "reason tole .,
lieve" standard set forth in'the pending
bill "Reason ,toi:.believe" ~ language: is
well-established, in espionage law 'and; I
has, been upheld in the courts on a;
number of occasions. "Reason to be.,,,
-. lieve" is an, objective standard: would a
reasonable person, have reason to be
lieve that by such actions the intelli.
genre activities of, the. United States.
would. be impaired? It does not require,
inquiries into the political beliefs of the.
accused, or. past. critical, remarks he,
might have made about the govern.
merit: Those matters are irrelevant.
The 'Justice Department, under two
successive, olticallydifferent admin
istrations, pas given: the ,opinion :.that::
sound. A succession of CIA' directors
has implored Congress to, enact this'
law to protect the well-being of our
agents.
Our fellow Americans, who are serv.
log abroad as covert agents, find it in- i
comprehensible that their lives and. the
lives of?their farriiIies can be. jeopard=:1
ized by -other', Americans, who remain
The writer is a Republican
senatorfrom'Rho4e Island
Sanitized Copy Approved for Release 2010/06/28: CIA-RDP90-00552R000201080025-5