HEARINGS BEFORE THE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT HEARINGS ON HOUSE RESOLUTION 1042

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP91-00966R000800010003-1
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 93
• Document Creation Date: December 19, 2016
• Document Release Date: November 14, 2006
• Sequence Number: 3
• Publication Date: September 8, 1976
• Content Type: OPEN SOURCE

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HOUSE OF REPRESENTATIVES
HEARINGS
BEFORE THE COMMITTEE
STANDAPDS OF OFFtC . CONDUCT
l : Ri MSS On MUSE RESOLUTION 1042
Wednesday, Sept;-:z 3, 1975
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Official Reporters to Committees
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TESTIMONY OF:
Herbert J. Brooks.
James C. Mingee, III
John D. Burke
Denise L. Gittin
Accompanied by:
Arthur E. Cameron, Counsel
Peter L. Hughes, III
Thomas H. Hattery
Accompanied by:
Robert B. Cornell, Counsel
Stanley M. Hecht
Charles W. Mattox
Ellen S.-Miller
Accompanied by:
Harold Himmelman, Counsel
Michal Ann Schafer
Kenneth A. Seidel
Paul V. Hyndman
Jeffrey R. Whieldon
Katherine J. Schroeher
Accompanied by:
Lawrence R. Velvel, Counsel
John W. Marshall
Cheryl T. Yamamoto
Accompanied by
Stephen J. Kovacik, Jr., Counsel
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HEARINGS ON HOUSE RESOLUTION 1042
Wednesday, September 8, 1976
House of Representatives,
Committee on Standards of
Official Conduct,
Washington, D. C.
The committee met, pursuant to recess, at 10:00 a.m.,
in Room 2212, Rayburn House Office Building, Honorable John J.
Flynt, Jr. (chairman of the committee) presiding.
Present: Representatives Flynt, Teague, Foley, Bennett,
Spence, Quillen, Hutchinson, Quie,Mitchell, and Cochran.
Also Present: John M. Swanner, Staff Director; John T.
Marshall, Legal Counsel; David Bowers, Investigator; John W.
Marshall, Investigator; Jay Jaffe, Assistant Staff Director;
Jan Loughry, Secretary, and Nancy Otis, Clerk.
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Mr. Flynt. The committee will come to order.
The counsel will call the name of the first witness.
Mr. Marshall. Herbert J. Brooks.
Mr. Flynt. Do you solemnly swear that the testimony you
will give before this committee in the matters under
consideration will be the truth, the whole truth, and nothing
but the truth, so help you God?
TESTIMONY OF HERBERT J. BROOKS
Mr. Brooks. I do.
Mr. Flynt. Please be seated.
This is a continuation of the hearings conducted earlier
during this session into the matter which directed this
committee to make certain investigations pursuant to the
provisions of House Resolution 1042.
..Mr. Brooks, are you familiar with the subject matter of
this investigation and the provisions of House Resolution 1042?
Mr. Brooks. Yes, sir.
Mr. Flynt. Counsel will proceed.
Mr. Marshall: Will you state your full name for the
record, please.
Mr. Brooks. Herbert J. Brooks.
Mr. Marshall. Where do you live?
Mr. Brooks. 1911 Jamestown Road, Alexandria, Virginia.
Mr. Marshall. And you are appearing here without
having counsel with you, is that right?
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Mr. Brooks. Yes, sir.
Mr. Marshall. Now you are here pursuant to a subpoena
which has previously been served upon you?
Mr. Brooks. Yes, sir.
Mr. Marshall. At the time that subpoena was served, you
also received copies of House Resolution 1042 and 1054, and
a copy of the rules of the House Committee on Standards of
Official Conduct, a copy of the Investigative Procedures of
this committee, and a copy of the Chairman's opening statement;
is that correct?
Mr. Brooks. Yes, sir.
Mr. Marshall. Now, the subpoena served upon you commanded
you to produce certain documents, records and other writings,
including copies of drafts of the Report of the House Select
Committee on Intelligence which were prepared pursuant to
House Resolution 591, Have you brought these documents and
writings with you?
Mr. Brooks. I have no such documents.
Mr. Marshall. You have no such writings?
Mr. Brooks. No, sir.
Mr. Marshall. Do you have a written prepared statement
which you wish to read to the committee?
Mr. Brooks. No, sir.
Mr. Marshall. Do you wish to present a brief oral summary
of a statement at this time?
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Mr. Brooks. No, sir.
Mr. Marshall. In the event your evidence or testimony
involve information or data concerning an executive session of
the House Select Committee on Intelligence or classified
information or information which may tend to degrade,
incriminate or defame any person, please notify this committee
promptly so it may take appropriate action under the rules of
the House of Representatives.
Mr. Brooks. Yes, sir.
Mr. Flynt. May I state that a quorum is present for the
purpose of taking testimony.
Mr. Marshall. Mr. Brooks, you were an employee of
the Select Committee on Intelligence, is that right?
Mr. Brooks. Yes, sir.
Mr. Marshall. Will you tell us briefly what your
job title and duties were?
Mr. Brooks. My job title was documents control clerk.
My duties were to sign out relevant documents to members of
the staff and to see that they were returned to the files.
Mr. Marshall. When did you begin your work with the
Select Committee?
Mr. Brooks. August 28, 1975.
Mr. Marshall. When did you terminate your employment?
Mr. Brooks. The middle of March, 1976.
Mr. Marshall. Mr. Brooks, did you give the report
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of the House Select Committee on Intelligence or a draft of any
part of that report to Mr. Daniel Schorr or to any other person
Mr. Brooks. No, sir.
Mr. Marshall. Do you know of anyone who did?
Mr. Brooks. No, sir,
Mr. Marshall. Do you have any knowledge whatsoever
of the circumstances surrounding the publication of the report
or any part thereof?
Mr. Brooks. No, sir.
Mr. Marshall.. Do you know of anyone who has such
knowledge?
Mr. Brooks. No, sir.
Mr. Marshall. Did you divulge any part of the report
of the Select Committee or a draft of that report to anyone
in the media or anyone acting on behalf of the media?
Mr. Brooks. No, sir.
Mr. Marshall. Do you know of anyone who did?
Mr. Brooks. No, sir.
Mr. Marshall. Did you give any part of the report
of the committee to anyone outside the Select Committee on
Intelligence?
Mr. Brooks. No, sir.
Mr. Marshall. Do you know of anyone who did?
Mr. Brooks. No, sir.
Mr. Marshall. That concludes my questions, Mr. Chairm .n.
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Mr. Flynt. Mr. Quillen?
Mr. Quillen. Did you say you were the documents clerk?
Mr. Brooks. Yes, sir.
Mr. Quillen. Did you give any of those documents to
anybody that asked for them which might be of a questionable
nature?
Mr. Brooks. No, sir.
Mr. Quillen. That is all, Mr. Chairman.
Mr. Flynt. Are there any other questions?
Mr. Brooks, the committee thanks you for your appearance.
You may step down. You are excused.
Mr. Brooks. Thank you.
(Witness excused.)
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help you God?
e the truth, the whole truth, and nothing but the truth,'so
Mr. Marshall, Mr. James C. Mingee.
Mr. Flynt. Mr. Mingee, will you remain standing while
the Chair administers the oath.
Do you solemnly swear that the testimony you will give
before this committee in the matters under consideration will
TESTIMONY OF JAMES C. MINGEE, III
Mr. Mingee. I do.
Mr. Marshall. Mr. Mingee, will you state your full
name for the record, please?
Mr. Mingee. My names is James C. Mingee.
Mr. Marshall. And you are appearing here without
counsel?
Mr. Mingee. That is correct.
Mr. Marshall, You are here pursuant to a subpoena
having been served upon you?
Mr. Mingee. That is correct.
Mr. Marshall.. At the time that subpoena was served,
you also received copies of House Resolution 1042 and 1054?
Mr. Mingee. That is correct.
Mr. Marshall. Copies of the rules of the House
Committee on Standards of Official Conduct?
Mr. Mingee. Yes.
Mr. Marshall. And a copy of the Investigative
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Procedures of this committee?
Mr. Mingee. Yes.
Mr. Marshall. And a copy of the Chairman's opening
statement?
Mr. Mingee. Yes,
Mr. Marshall. The subpoena served upon you commanded
you.to produce certain documents and writings and records,
including copies of drafts of the Report of the House Select
Committee on Intelligence which were prepared pursuant to
House Resolution 591. Do you have any of these documents
with you?
Mr. Mingee. I have none. I advised your staff that the
only copies I have were those which appeared in the Village
Voice and I was advised by your staff that that is not what you
sought.
Mr. Marshall. When you said that is the only copies
you had, you mean you had copies of the Village Voice
newspaper, not copies of the report but copies of the newspaper
itself?
Mr. Mingee. That is right, purchased at a newsstand.
Mr. Marshall. In the event that your evidence or
testimony may involve information or data concerning an
executive session of the Select Committee on Intelligence or
classified information or information which may tend to
defame, degrade, or incriminate any person, please advise this
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committee in a timely fashion so that it can take appropriate
action under the Rules of the House of Representatives; is
that clear to you, sir?
Mr. Mingee. Yes, sir, and I have so advised the committee.
Mr. Flynt. I recognize the gentleman from Tennessee for
a motion.
Mr. Quillen. I move pursuant to House Rule 112 (K)(5)
that we receive the testimony of Mr. James C. Min gee later
today in executive session, September 8, 1976.
Mr. Flynt. This is a motion which must be made in open
session with a quorum present. Further under the Rules of the
House, the vote on this motion must be taken by a roll call
vote.
Those in favor of the motion when their names are called
will vote aye, those opposed will vote no.
Mr. Swanner. Mr. Flynt?
Mr. Flynt. Aye.
Mr. Swanner. Mr. Spence?
(No response.)
Mr. Swanner. Mr. Price?
(No response.)
Mr. Swanner. Mr. Quillen?
Mr. Quillen. Aye.
Mr. Swanner. Mr. Teague?
Mr. Teague. Aye.
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Mr.'Swanner. Mr. Hutchinson?
Mr. Hutchinson. Aye.
Mr. Swanner. Mr. Hebert?
(No response.)
Mr. Swanner. Mr. Quie?
(No response.)
Mr. Swanner. Mr. Foley?
Mr. Foley. Aye.
Mr. Swanner. Mr. Mitchell?
Mr. Mitchell. Aye.
Mr. Swanner. Mr. Bennett?
(No response.)
Mr. Swanner. Mr. Cochran?
Mr. Cochran. Aye.
Mr. Swanner. Mr. Chairman, seven members answer aye.
Five members absent and not voting.
Mr. Flynt. On this roll call the ayes are seven and the
nays are none. The motion is agreed to.
Accordingly, Mr. Mingee, would you temporarily step down
and we will go into executive session at a later time but
hopefully within a short period of time, at which time you will
be recalled to the witness stand. Let me remind you at that
time that you will still be under oath.
Mr. Mingee. Thank you, Mr. Chairman.
Mr. Flynt. Call the next witness.
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Mr. Marshall. John D. Burke.
Mr. Flynt. Mr. Burke, will you raise. your hand and let
me administer the oath?
Do you solemnly swear that the testimony you will give
before this committee in the matters under consideration will
be the truth, the whole truth, and nothing but the truth,'so
help you God?
TESTIMONY OF JOHN D. BURKE
Mr. Burke. I do.
Mr. Flynt. You may be seated.
The committee welcomes you to its session today with the
thanks of the committee.
Mr. Marshall. Mr. Burke, would you please state your
full name for the record.
Mr. Burke. John David Burke.
Mr. Marshall. Where do you live?
Mr. Burke. 3740 Military Road, N. W., Washington.
Mr. Marshall. You are appearing here without counsel?
Mr. Burke. That is right.
Mr. Marshall. You are appearing pursuant to a subpoena
which has previously been served upon you?
Mr. Burke. That is right.
Mr. Marshall. At the time you were served with the
subpoena you.received copies of House Resolution 1042 and 1054,
and a copy of the rules of the House Committee on Standards of
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Official Conduct, a copy of the Investigative Procedures of
this committee, and a copy of the Chairman's opening statement;
is that correct?
Mr. Burke. Yes.
Mr. Marshall. The subpoena served upon you commanded you
to produce certain documents, records and other writings,
including copies of drafts of the Report of the House Select
Committee on Intelligence which were prepared pursuant to
House Resolution 591. Do you have those things with you?
Mr. Burke.. I have no such documents.
Mr. Marshall. In the event that your evidence or
testimony may involve information or data concerning an
executive session of the Select Committee on Intelligence or
classified information or information which may tend to defame,
degrade, or incriminate any person, please advise the
committee in a timely fashion so that it may take appropriate
action under the rules of the House.
Mr. Burke. Yes, sir.
Mr. Marshall. Do you have a written statement you wish
to make?
Mr. Burke. No, sir.
Mr. Marshall. Do you have an oral statement you wish to
make to the committee?
Mr. Burke. No, sir.
Mr. Marshall. Mr. Burke, did you give the report of the
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Select Committee on Intelligence or a draft of any part of
that report to Mr. Daniel Schorr or any other person?
Mr. Burke. No.
Mr. Marshall. Do you know of anyone who did?
Mr. Burke. No.
Mr. Marshall. Do you have any knowledge whatsoever of
.the circumstances surrounding the publication of that report
or any part thereof?
Mr. Burke. No.
Mr. Marshall. Do you know of anyone who has such
knowledge?
Mr. Burke. No.
Mr. Marshall. Did you divulge any part of the report of
the House Select Committee or any draft of that report to
anyone in the media or anyone acting in behalf of the media?
Mr. Burke. No.
Mr. Marshall. Do you know of anyone who did?
Mr. Burke. No.
Mr. Marshall. Did'you make any part of that report
available to anyone outside the Select Committee on Intelligenc
Mr. Burke. No.
Mr. Marshall. Do you know of anyone who did?
Mr. Burke. No, sir.
Mr. Marshall. Mr. Burke, would you also for the record
identify what your job title was and a brief description of
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.your duties with the Select Committee?
Mr. Burke. My job title was research assistant. In this
capacity we assisted the investigators developing background
information.
Mr. Marshall. When did you begin work with the Select
Committee?
Mr. Burke. October 12, 1975.
Mr. Marshall. When did your work terminate?
Mr. Burke. The end of February.
Mr. Marshall. 1976?
Mr. Burke. Right.
Mr. Marshall. No further questions.
Mr. Flynt. Are there questions on my right? Are there
questions on my left.
If not, Mr. Burke, you may step down. You are excused
from your subpoena with the thanks of the committee,
(Witness excused.)
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Mr. Marshall. Denise L. Gittin.
Mr. Flynt. Mrs. Gittin, will you remain standing while
the Chair administers the oath?
Do you solemnly swear that the testimony you will give
before this committee in the matters under consideration will
be the truth, the whole truth, and nothing but the truth, so
help you God?
TESTIMONY OF DENISE L. GITTIN
ACCOMPANIED BY
ARTHUR E. CAMERON, COUNSEL
Ms. Gittin. I do.
Mr. Flynt. You may be seated.
The committee welcomes you to its session and expresses
the thanks of the committee for your appearance today.
Mr. Marshall. Would you state your full name for the
record?
Ms. Gittin. Denise Negley Gittin.
Mr. Marshall. Where do you live?
Ms., Gittin. 6113. Everglades Drive, Alexandria,
Virginia.
Mr. Marshall. Counsel?
Mr. Cameron. Arthur Cameron. I am Miss Gittin's
counsel.
I wish to assure the committee I have read the rules of
the procedure and will so conduct myself.
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Mr. Marshall. Thank you.
Mr. Flynt. The committee welcomes you.
Mr. Marshall. You are here pursuant to a subpoena which
has been previously served upon you?
Ms.. Gittin. Yes, sir.
Mr. Marshall. At the time that subpoena was served, you
also received copies of House Resolution 1042 and 1054, and a
copy of the rules of the House Committee on Standards of
Official Conduct, a copy of the Investigative Procedures of
this committee, and a copy of the Chairman's opening statement;
is that right?
Ms... Gittin. That is correct.
Mr. Marshall. The subpoena served upon you commanded you
to produce certain documents for the record and other writings,
including copies of the drafts of the Report of the House
Select Committee on Intelligence which were prepared pursuant
to House Resolution 591. Have you brought these documents
with you?
Ms.. Gittin. I have no such documents.
Mr. Marshall. In the event that your evidence or
testimony may involve information or data concerning an
executive session of the Select Committee on Intelligence or
classified information or information which may tend to
defame, degrade, or incriminate any person, please advise
this committee in an appropriate fashion so it make take
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appropriate action under the rules of the House.
Ms. Gittin. Yes, sir.
Mr. I-hrshall. Do you have a written statement you wish
to file with the committee?
Ms. Gittin. No, sir.
Mr. Marshall. Do you have an oral summary of a statement
you wish to make?
Ms. Gittin. No, sir.
Mr. Marshall. Mrs. Gittin, could you tell us briefly
what your job title was with the Select Committee and what
your duties were?
Ms. Gittin. I was a secretary and I typed and took
shorthand and filed.
Mr. Marshall. Were you a secretary to a particular
member of the subcommittee or in a pool?
Ms. Gittin. I was in a pool.
Mr. Marshall. When did you begin work with the Select
Committee?
Ms. Gittin. August, 1975.
Mr. Marshall. And when did your work terminate?
Ms. Gittin. February of 1976.
Mr. Marshall. Did you give the report of the House
Select Committee on Intelligence or a draft of any part of
that report to Mr. Daniel Schorr or to any other person?
Ms. Gittin. No, sir.
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Mr. Marshall. Do you know of anyone who did?
Ms. Gittin. No, sir.
Mr. Marshall. Do you have any knowledge whatsoever of
the circumstances surrounding the publication of the report
of the Select Committee on Intelligence or any part thereof?
Ms. Gittin. No, sir.
,Mr. Marshall. Do you know of anyone who has such
knowledge?
Ms. Gittin. No, sir.
Mr. Marshall. Did you divulge any part of the report of
the Select Committee on Intelligence or a draft of such report
to anyone in the media or anyone acting on behalf of a member
of the media?
Ms. Gittin. No, sir.
Mr. Marshall. Do you know of anyone who did?
Ms..Gittin. No, sir.
Mr. Marshall. Did you give the report of the Select
Committee on Intelligence or any part of that report to anyone
outside the Select Committee on Intelligence?
Ms. Gittin. No, sir.
Mr. Marshall. Do you know of anyone who did?
Ms. Gittin. No, sir.
Mr. Flynt. Are there questions on my right or left?
If not, Mrs. Gittin, you may step down and you are excused
from your subpoena. The committee thanks you for your
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testimony.
(Witness excused.)
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Mr. Marshall. Martin Handelman.
Mr. Flynt. Do you solemnly swear that the testimony you
will give before this committee in the matters under
consideration will be the truth, the whole truth, and nothing
but the truth, so help you God?
TESTIMONY OF MARTIN HANDELMAN
Mr. Handelman. I do.
Mr. Flynt. You may be seated.
Mr. Handelman, the committee welcomes you to this session
and expresses the thanks of the committee for your appearance.
Mr. Handelman. Thank you, Mr, Chairman.
Mr. Marshall. Mr..Handelman, will you state your full
name for the record?
Mr. Handelman. Martin Handelman.
Mr. Marshall. You are appearing here without counsel?
Mr. Handelman. Yes.
Mr. Marshall. Where do you live?
Mr. Handelman. 12105 Reardon Lane, Bowie, Maryland.
Mr. Marshall. Now, you are here pursuant to a subpoena
having been served upon you; is that right?
Mr. Handelman. Yes.
Mr. Marshall. At the time that subpoena was served, you
also received copies of House Resolution 1042 and 1054, and a
copy of the rules of the House Committee on Standards of
Official Conduct, a copy of the Investigative Procedures of
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this committee, and a copy of the Chairman's opening
statement; is that right?
Mr. Handelman. Yes.
Mr. Marshall. That subpoena commanded you to produce
certain documents, records and other writings, including copies
of drafts of the Report of the House Select Committee on
Intelligence which were prepared pursuant to House Resolution
591. Have you brought these documents with you?
Mr. Handelman. I have no such documents,
Mr. Marshall. In the event that your evidence or
testimony may involve information or data concerning an
executive session of the House Select Committee on Intelligence
or classified information or information which may tend to
defame, degrade, or incriminate any person, please advise
this committee so that it may take appropriate action under
the Rules of the House.
Mr. Handelman. Yes, sir.
Mr. Marshall. Do you have a written prepared statement
you wish to file with the committee?
Mr. Handelman. No.
Mr. Marshall. Do you have an oral statement?
Mr. Handelman. No.
Mr. Marshall. What was your job title and describe
briefly your duties.
Mr. Handelman. Well, I am employed at the Government
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Printing Office. I am a printer proofreader. I was detailed
to the Select Committee to help handle their printing needs,
to act as an liaison between the Government Printing Office and
the committee.
Mr. Marshall. When did you begin work with the Select
Committee?
Mr. Handelman. About the beginning of November.
Mr. Marshall. When did your duties terminate?
Mr. Handelman. About the middle of March.
Mr. Marshall. Mr. Handelman, did you give the report of
the Select Committee on Intelligence or a draft of any portion
of that report to Mr. Daniel Schorr or to any other person?
Mr. Handelman. No, sir.
Mr. Marshall. Do you know of anyone who did?
Mr. Handelman. No, sir.
Mr. Marshall. Do you have any knowledge whatsoever of
the circumstances surrounding the publication of the report or
any part thereof?
Mr. Handelman. No..
Mr. Marshall. Do you know of anyone who has such
knowledge?
Mr. Handelman. No.
Mr. Marshall. Did you divulge any part of the report of
the Select Committee or a draft of that report to any member
of the media or anyone acting on behalf of a member of the
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media?
Mr. Handelman. No.
Mr. Marshall.. Do you know of anyone who did?
Mr. Handelman. No, sir.
Mr. Marshall. Did you give the report of the Select
Committee or make any part of that record available to anyone
outside of the Select Committee on Intelligence?
Mr. Handelman. No.
Mr. Marshall. Do you know of anyone who did?
Mr. Handelman. No.
Mr. Marshall. That is all the questions I have,
Mr. Chairman.
Mr. Flynt. Mr. Foley? Mr. Hutchinson?
Mr. Foley. I have no questions.
Mr. Hutchinson. I have no questions.
Mr. Flynt. Any other questions?
Mr. Handelman, you may step down. You are excused from
your subpoena and we thank you for appearing.
(Witness excused.)
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Mr. Marshall. We call Peter L. Hughes, III.
Mr. Flynt. Do you solemnly swear that the testimony you
will give before this committee in the matters under
consideration will be the truth, the whole truth, and nothing
but the truth, so help you God?
TESTIMONY OF PETER L. HUGHES, III
Mr. Hughes. I do.
Mr. Flynt. Mr. Hughes, you may be seated.
The committee expresses its thanks to you for appearing
before this session.
Mr. Hughes. Thank you, Mr. Chairman. I appreciate being
here.
Mr. Marshall. Will you state your full name?
Mr..Hughes. Peter L. Hughes, III.
Mr. Marshall. Where do you live?
Mr. Hughes. 4 Concord Lane, Basking Ridge, New Jersey.
Mr. Marshall. You are appearing here without counsel?
Mr. Hughes. I am an attorney.
Mr. Marshall. Are.you permitted to practice law?
Mr. Hughes. Yes, sir.
Mr. Marshall. In what States?
Mr. Hughes. New Jersey and the District of Columbia.
Mr. Marshall. You are here pursuant to a subpoena having
been served upon you?
Mr. Hughes. I am.
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Mr. Marshall. At the time that subpoena was served,
you also received copies of House Resolution 1042 and 1054, and
a copy of the rules of the House Committee on Standards of
Official Conduct, a copy of the Investigative Procedures of
this committee, and a copy of the Chairman's opening statement;
is that correct?
Mr. Hughes. Yes, sir, I did.
Mr. Marshall. The subpoena served upon you commanded
you to produce certain documents, records and other writings,
including copies of drafts of the Report of the House Select
Committee on Intelligence which were prepared pursuant to
House Resolution 591. Have you brought these things with you?
Mr. Hughes. I have no such documents. I have a brief
statement and I will cover that.
Mr. Marshall. In the event your evidence or testimony
may involve information or data concerning an executive
session of the Select Committee on Intelligence or classified
information which may tend to defame, degrade, or incriminate
any person, please advise this committee so that it may take
appropriate action under the rules of the House.
Mr. Hughes. I will.
Mr. Marshall. Do you have a prepared statement you wish
to file with the committee?
Mr. Hughes. Yes, I have a brief statement.
Mr. Flynt. You may proceed.
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Mr. Hughes. Thank you.
Mr. Chairman and Members of this Committee on Standards of
Official Conduct:
I am pleased to be among those remaining members of the
staff of the House Committee on Intelligence to testify before
your Committee on the issues of House Resolution 1042 and'
House.Resolution 1054. I welcome the opportunity, and I am at
your service.
My presence here is at your request, necessarily by
subpoena. I am happy to appear by your invitation, which I
accept. However, my present job requires that I justify my
presence here under legal process, since I am employed by,
and under the constraints of, another government. Also, the
distance I must travel necessitates some assistance in
coverage of expenses I have incurred.
In further response to your duces tecum, I reply that I
have possession of no documents whatsoever which relate in
any way to the subject matter of your inquiry. Every document
possibly germane to your command, and every document at my
disposal relevant to the work of the House Committee on
Intelligence was remanded to the House Committee on
Intelligence files, before I left the employ of the Congress.
Other than the foregoing, I will be obliged if I can
assist your inquiry as best I can do.
Thank you, Mr. Chairman.
 21
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Mr. Marshall. Mr. Hughesr what was your job title with
the Select Committee on Intelligence?
Mr, Hughes, I was a staff counsel and head of the
Domestic Intelligence Task Force.
Mr, Marshall. When did you begin your duties?
Mr. Hughes. July 31, 1975.
Mr. Marshall. When did you terminate your duties, Februar
Mr. Hughes. February 29, 1976?
Mr. Marshall. Did you give the report of the Select
Committee or a draft of any part of that report to Mr. Daniel
Schorr or to any other person?
Mr. Hughes. I did not.
Mr. Marshall. Do you know of anyone who did?
Mr. Hughes. I do not.
Mr. Marshall. Do you have any knowledge whatsoever of
the circumstances surrounding the publication of the report
or any part thereof?
Mr. Hughes. No knowledge whatsoever.
Mr. Marshall.. Do you know of anyone who has such
knowledge?
Mr. Hughes. I do not.
Mr. Marshall. Did you divulge any part of the report of
the Select Committee on Intelligence or a draft of such report
to anyone in the media or anyone acting on behalf of a member
of the media?
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Mr. Hughes. No, sir.
Mr. Marshall. Do you know of anyone who did?
Mr. Hughes. I do not.
Mr. Marshall. Did you make any part of that report
available to anyone outside the Select Committee on
Intelligence?
Mr. Hughes. No, sir.
Mr. Marshall. Do you know of anyone who did?
Mr. Hughes. I do not.
Mr. Marshall. Mr. Hughes, the Chair has already thanked
you for your appearance. The Chair wishes to add that we
congratulate you on the clarity-and preciseness and forthright-
ness of that statement.
Mr. Hughes. I appreciate that very much.
Mr. Flynt. Are there any questions?
You may step down, Mr. Hughes. The committee wishes to
thank you. You are now excused from your subpoena.
(Witness excused.)
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Mr. Marshall. Thomas H. Hattery.
Mr. Flynt. Mr. Hattery, will you remain standing and
take the oath, please?
Do you solemnly swear that the testimony you will give
before this committee in the matters under consideration will
be the truth, the whole truth, and nothing but the truth, so
help you God?
TESTIMONY OF THOMAS H. HATTERY
ACCOMPANIED BY
ROBERT B. CORNELL, COUNSEL
Mr. Hattery. I do.
Mr. Flynt. Mr, Hattery, the committee welcomes you to
this session and thanks you for your appearance at this time.
Mr. Hattery. Thank you.
Mr. Marshall. Mr. Hattery, would you please state your
full name and residence address?
.Mr. Hattery. Thomas H. Hattery, Route 4, Mt. Airy,
Maryland.
Mr. Marshall. Are.you appearing with counsel?
Mr. Hattery. Yes, sir.
Mr. Marshall. Counsel, would you identify yourself?
Mr. Cornell. Robert B. Cornell, sir.
Mr. Flynt. Mr. Cornell, the committee welcomes you to
this session in your capacity as counsel to Mr. Hattery.
Mr. Cornell. Thank you, Mr. Chairman.
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21
1201
Mr. Marshall. Mr. Hattery, you are here pursuant to
a subpoena having been served upon you previously.
Mr. Hattery. Yes.
Mr. Marshall. At the time the subpoena was served, you
also received copies of House Resolution 1042 and 1054, and a
copy of the rules of the House Committee on Standards of
Official Conduct, a copy of the Investigative Procedures of
this committee, and a copy of the Chairman's opening statement;
is that correct?
Mr. Hattery. That is correct.
Mr. Marshall. The subpoena served upon you commanded
you to produce certain documents and other writings, including
copies of drafts of the Report of the House Select Committee
on Intelligence which were prepared pursuant to House
Resolution 591. Have you brought these documents?
Mr. Hattery. Yes, I have. I have no drafts or reports
but my counsel has all the papers or reports that I have that
have anything to do with the committee.
Mr. Marshall. May I have them at this time?
(The documents referred to were submitted to the
committee.)
Mr. Marshall. Mr. Hattery, in the event that your
evidence or testimony may involve information or data
concerning an executive session of the Select Committee on
Intelligence or classified information or information which
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24
may tend to defame, degrade, or incriminate any person,
please advise this committee so that it may take appropriate
action under the rules of the House.
Mr. Hattery. I will.
Mr. Marshall. Do you have a written statement which you
wish to file with the committee?
Mr. Hattery.
Mr. Marshall. Do you wish to present a brief oral
summary of your statement at this time?
Mr. Hattery. No, sir.
Mr. Marshall. What was your job title with the
committee?
Mr. Hattery. Research assistant.
Mr. Marshall. When did you begin your duties?
Mr..Hattery. Sometime late in August.
Mr. Marshall. What year?
Mr. Hattery. 1975.
Mr. Marshall. When did you terminate those duties?
Mr. Hattery. To the best of my knowledge it was
January 10th. I say to the best of my knowledge because I
started working in Annapolis the first day of the Maryland
Legislature and just reconstructing from the calendar I know I
left the committee before that started.
Mr. Marshall. Mr. Hattery, did you give the report of
the Select Committee or a draft of any part of that report to
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21
Mr. Schorr or to any other person?
Mr. Hattery. No, I did not.
Mr. Marshall. Do you know of anyone who did?
Mr. Hattery. No, I don't.
Mr. Marshall. Do you have any knowledge whatsoever of
the circumstances surrounding the publication of the report
of the Select Committee on Intelligence or any part thereof?
Mr. Hattery. No.
Mr. Marshall. Do you know of anyone who had such
knowledge?
Mr. Hattery. No.
Mr. Marshall. Did you divulge any part of the report of
the Select Committee on Intelligence or a draft of that report
to any one in the media or anyone acting on behalf of a member
of the media?
Mr. Hattery. No.
Mr. Marshall. Do you know of anyone who did?
Mr. Hattery. No.
Mr. Marshall. Did.you give the report of the Select
Committee on Intelligence or make any part of that report
available to anyone outside the Select Committee on
Intelligence?
Mr. Hattery. No.
Mr. Marshall. Do you know of anyone who did?
Mr. Hattery. No.
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1204
Mr..Foley (presiding). Are there any questions?
There being no questions, Mr. Hattery, you are excused
from your subpoena and any further testimony and you are
excused with the thanks of the committee.
(Witness excused, )
 Approv IrForFRO jea e 2TF/111 4 - He RhDP91-00966R000800010003-1 1205
25
.,Flynt. Let the record. show that the Chair designates
the gentleman from Washington, Mr. Foley, to administer the
oath to Mr. Hecht.
Mr. Foley. Mr. Hecht, will you raise your right hand?
Do you solemnly swear that the testimony you will give
before this committee in the matters under consideration will
be the truth, the whole truth, and nothing but the truth, so
help you God?
TESTIMONY OF STANLEY M. HECHT
Mr. Hecht. I do.
Mr. Flynt. Be seated, please.
Will you state your full name and address for the record?
Mr. Hecht. Stanley M. Hecht,.3705 South George Mason
Drive, Fall Church, Virginia.
Mr. Marshall. You are appearing here without counsel?
Mr. Hecht. That is correct.
Mr. Marshall. You are here pursuant to subpoena which
was served upon you previously?
Mr. Hecht. That is correct.
Mr. Marshall. At the time that subpoena was served, you
also received copies of House Resolution 1042 and 1054, and a
copy of the rules of the House Committee on Standards of
Official Conduct, a copy of the Investigative Procedures of
this committee, and a copy of the Chairman's opening statement;
is that correct?
 12
13
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Mr..,Hecht. Yes, I did.
Mr. Marshall. The subpoena served upon you commanded
you to produce certain documents, records and other writings,
including copies of drafts of the Report of the House Select
Committee on Intelligence which were prepared pursuant to
House Resolution 591. Do you have those documents and
writings with you?
Mr. Hecht. I have no such documents.
Mr. Marshall. In the event that your evidence or
testimony may involve information or data concerning an
executive session of the Select Committee on Intelligence or
classified information or information which may tend to
defame, degrade, or incriminate any person, please advise this
committee so that it may take appropriate action under the
rules of the House.
Mr. Hecht. I will.
Mr. Marshall. Do you have a written prepared statement
which you wish to file with the committee?
Mr. Hecht. No, I do not.
Mr. Marshall. Do you have .a brief oral summary of the
statement you wish to make at this time?
Mr. Hecht. Not at this time.
Mr. Marshall. Mr. Hecht, what was your job title with
the Select Committee on Intelligence?
Mr. Hecht. Counsel.
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Mr. Marshall. Are you admitted to the bar?
Mr. Hecht. In the District of Columbia.
Mr. Marshall. When did you begin your duties?
Mr. Hecht. September 7, 1975.
Mr. Marshall. When did your duties terminate?
Mr. Hecht. The end of January, 1976.
Mr. Marshall. Mr. Hecht, did you give the report of the
Select Committee on Intelligence or a draft of any part. of
that report to Mr. Daniel Schorr or to any other person?
Mr. Hecht. No, I did not.
Mr. Marshall. Do you know of anyone who did?
Mr. Hecht. No.
Mr. Marshall. Do. you have any knowledge whatsoever of
the circumstances surrounding the publication of the report
of the Select Committee on Intelligence or any part thereof?
Mr. Hecht. No, I do not.
Mr. Marshall. Do you know of anyone who has such
knowledge?
Mr. Hecht. No.
Mr. Marshall. Did you divulge any part of that report
of the Select Committee on Intelligence or a draft of such
report to anyone in the media or anyone acting on behalf of
a member of the media?
Mr. Hecht. No.
Mr. Marshall. Do you know of anyone who did?
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23
Mr. Hecht. No.
Mr. Marshall. Did you give the report of the Select
Committee on Intelligence or any part of that report to anyone
outside the Select Committee on Intelligence?
Mr. Hecht. No.
Mr. Marshall. Do you know of anyone who did?
Mr. Hecht. No.
Mr. Marshall. That concludes my questions.
Mr. Foley. Any further questions?
Mr. Hecht, you are excused from further testimony and
from your subpoena. You are.excused with the thanks of the
committee.
Mr. Hecht. Thank you, Mr. Chairman.
(Witness excused.)
 Approved For Release 2006/11/14: CIA-RDP91-00966R000800010003-1
. Foley. Mr. Charles W. Mattox?
10
Mr. Flynt. Let the record show that the Chair designates
the gentleman from Washington, Mr. Foley, to administer the
oath to Mr. Mattox.
Mr. Foley. Will you raise your right hand?
Do you solemnly swear that the testimony you will give
before this committee in the matters under consideration will
be the truth, the whole truth, and nothing but the truth, so
help you God?
TESTIMONY OF CHARLES W. MATTOX
Mr. Mattox. I do.
Mr. Flynt. You may be seated.
Will you state your full name and address?
Mr. Mattox. Charles Winter Mattox, 8213 Mockingbird
Drive, Annandale, Virginia.
Mr. Foley. Counsel?
Mr. Marshall. Mr. Mattox, you are appearing here without
counsel?
Mr. Mattox. That is right.
Mr. Marshall. You are here pursuant to a subpoena
served upon you previously; is that correct?
Mr. Mattox. That is correct.
Mr. Marshall. At the time that subpoena was served, you
also received copies of House Resolution 1042 and 1054, and a
copy of the rules of the House Committee on Standards of
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17
1210
Official Conduct, a copy of the Investigative Procedures of
this committee, and a copy of the Chairman's opening. statement;
is that correct?
Mr. Mattox. That is correct,
Mr. Marshall. The subpoena served upon you commanded you
to produce certain documents, records and other writings,
including copies of drafts of the Report of the House Select
Committee on Intelligence which were prepared pursuant to
House Resolution 591. Do you have those documents with you?
Mr. Mattox. I have two memorandums with me, one was an
internal memorandum to the committee; one was a memorandum
made after I went back to work for the General Accounting
Office.
Mr.. Marshall. Will you turn those documents over to the
committee at this time?
Mr. Mattox. I think any questions raised by these
documents should be answered in executive session.
(The documents referred to were submitted to the
committee.)
Mr. Mattox. I would like to make one more statement.
Somebody sent me a check as a government employee. I can'
use it.
Mr. Marshall, The committee will be happy to receive
that check back with its thanks.
In the event your evidence or testimony may involve
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 Approved For Release 2006/11/14: CIA-RDP91-00966R000800010003-1
25
information or data concerning an executive session of the
Select Committee on Intelligence or classified information
or information which may tend to defame, degrade, or incriminat
any person, please advise this committee so that it may take
appropriate action under the rules of the House.
Mr. Mattox. Yes.
Mr. Marshall. Mr. Mattox, do you have a written
statement you wish to file with the committee?
Mr. Mattox. No.
Mr. Marshall. Do you have a brief oral summary of a
statement you wish to make at this time?
Mr. Mattox. No.
.Mr. Marshall. What was your job title with the House
Select Committee on Intelligence?
Mr. Mattox. Staff investigator.
Mr. Marshall. When did you begin those duties?
Mr. Mattox. July 28, 1975.
Mr. Marshall. When did those duties terminate?
Mr. Mattox. February 14, 1976.
Mr. Marshall. Mr. Mattox, did you give the report of
the Select Committee on Intelligence or a draft of any part o
that report to Mr. Daniel Schorr or to any other person?
Mr. Mattox. I did not.
Mr. Marshall. Do you know of anyone who did?
Mr. Mattox. No, I do not.
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1212
Mr. Marshall. Do you have any knowledge whatsoever of
the circumstances surrounding the publication of the report of
the Select Committee on Intelligence or any part thereof?
Mr. Mattox. I do not.
Mr. Marshall. Do you know of anyone who has such knowledg~
Mr. Mattox. No, I do not.
Mr. Marshall. Did you divulge any part of the report of
the Select Committee on Intelligence or a draft of such report
to anyone in the media or anyone acting on behalf of a member
of the media?
Mr. Mattox. I did not.
Mr. Marshall. Do you know of anyone who did?
Mr. Mattox. No, I do not.
Mr. Marshall. Did you give the report of the Select
Committee or any part of that report to anyone outside the
Select Committee on Intelligence?
Mr. Mattox. No, I did not.
Mr. Marshall. Do you know of anyone who did?
Mr. Mattox. No, I. do not.
Mr. Marshall, Excuse me,
(Discussion off the record,)
Foley. On the record.
Are there any questions of Mr. Mattox?
Mr. Flynt. No questions except to say that I do thank
you, Mr. Mattox, for appearing and bringing the two documents
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1213
which you. did. After the committee has had time to examine
them, they will either be returned to you or you will be
notified about when you can expect them back.
Mr. Mattox. Thank you.
Mr. Foley. Mr. Hutchinson?
Mr. Hutchinson. I have no questions.
Mr. Foley. Thank you very much for your appearance.
You are excused from further testimony on your subpoena.
Mr. Mattox. Thank you.
(Witness excused.)
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16
Mr. Marshall. We will call Ellen S. Miller.
Will you remain standing while the Chair administers the
Mr. Flynt. Do you solemnly swear that the testimony you
will give.before this committee in the matters under considera-
tion will be the truth, the whole truth, and nothing but the
truth.,. so help you God?
TESTIMONY OF ELLEN S. MILLER
ACCOMPANIED BY
HAROLD_:HIMMELMAN,: COUNSEL
Ms. Miller, I do.
Mr. Flynt. Please be seated,
The committee welcomes you to this session and we thank
you for your appearance.
Mr. Marshall. Would you state your complete name and
address for the record?
Ms. Miller. My name is Ellen S, Miller. I reside at
2501 Tracey Place, N. W., Washington, D. C.
Mr. Marshall. Are you appearing here with counsel?
Ms. Miller. Yes, I am,
Mr. Marshall. Would you identify yourself for the record?
Mr. Himmelman. Himmelman, Harold, Washington, D. C.
Mr. Marshall. Mrs, Miller, you are here pursuant to
a subpoena having been served upon you previously?
Ms. Miller. Yes, I am.
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1215
Mr. Marshall. At the time the subpoena was served, you
also received copies of House Resolution 1042 and 1054, and a
copy of the rules of the House Committee on Standards of
Official Conduct, a copy of the Investigative Procedures. of
this committee, and a copy of the Chairman's opening
statement; is that correct?
Ms. Miller. Yes.
Mr. Marshall. The subpoena served upon you commanded
you to produce certain documents and other writings, including
copies of drafts of the Report of the House Select Committee on
Intelligence which wereprepared pursuant to House Resolution
591. Have you brought these documents and writings?
Ms. Miller, Yes, I have all the documents that were
in my possession.
(The documents referred to were submitted to the
committee.)
Mr. Flynt. Mr. Himmelman, the Chair and the committee
also welcomes you before this committee in your capacity as
counsel.
Mr. .Ilimi elman .. Thank.you , Mr. ,.Chairman .
Mr. Marshall. Mrs. Miller, in the event your evidence
or testimony may involve information or data concerning an
executive session of the Select Committee on Intelligence or
classified information or information which may tend to
defame, degrade, or incriminate any person, please advise this
 Approved For Release 2006/11/14: CIA-RDP91-00966R000800010003-1
1216
committee. so that it may take appropriate action under the
rules of the House.
Ms. Miller. Yes, I will.
Mr. Marshall. Do you have a written statement you wish to
file with the committee at this time?
Ms. Miller. I do not.
Mr. Marshall. Do you wish to present a brief oral summary
of a statement to the committee at this time?
Ms. Miller, I do not.
Mr. Marshall. What was your job with the committee?
Ms. Miller, I was an investigator with the Domestic Task
Force with the committee.
Mr. Marshall. When did you begin?
Ms. Miller. On or about August 5, 1975 and I terminated
the last day of February, 1976.
Mr. Marshall. Mrs. Miller, did you give the report of
the Select Committee on Intelligence or a draft of any part of
that report to Mr. Daniel Schorr or to any other person?
Ms. Miller. I did. not give it to Daniel Schorr. I worked
on preliminary drafts and those were circulated throughout the
committee by the Domestic Task Force, but I did not give it
to Mr. Schorr.
Mr. Marshall. Other than circulating those preliminary
reports that you have testified about to either members of the
committee or to employees of the committee, did you give the
 21
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report of the Select Committee or a draft of any part of that
report to any other person?
Ms. Miller. No, I did not.
Mr. Marshall. Do you know of anyone who did?
.Ms. Miller. No, I do not.
Mr. Marshall, Do you have any knowledge whatsoever of
the circumstances surrounding the publication of the report
of the House Select Committee or any part thereof?
Ms. Miller. No, I do not.
Mr. Marshall. Do you know of anyone who has such
knowledge?
Ms. Miller. No, I do not.
Mr. Marshall. Did you divulge any part of the report
of the Select Committee on Intelligence or a draft of such
report to anyone in the media or anyone acting on behalf of
a member of the media?
Ms. Miller. No, I did not.
Mr. Marshall, Do you know of anyone who did?
Ms. Miller. No, I do not.
Mr. Marshall. Did you give the report of the Select
Committee on Intelligence or any part of that report to anyone
outside the Select Committee on Intelligence?
Ms. Miller. No.
Mr. Marshall. Do you know of anyone who did?
 Approved For Release 2006/11/14: CIA-RDP91-00966R000800010003-1
18
9 24
Ms.'Miller.. No, I do not.
Mr. Marshall. Mrs. Miller, with regard to the materials
that you have produced pursuant to the subpoena duces tecum,
to your knowledge is any of that material classified?
Ms. Miller, To my knowledge none of it is classified.
It consists mainly of memos and notes and working papers I
used in the course of my work.
Mr. Marshall. That material will be received by the
committee, Mrs, Miller, and will be returned to you at a later
date if the committee decides that is appropriate. Is that
satisfactory?
Ms. Miller. That is satisfactory. If there is a need to
remove any material, I would appreciate and my counsel would
appreciate a conference to understand the nature of the
material removed and the reason for it,
Mr, Marshall. What you are asking is that you be advised
in the event that the committee wishes to retain any material
you produce?
Mr. Himmelman. That is correct, Mr, Marshall. Miss Mille
maintained most of her file memoranda and related documents
which she prepared in the course of her work. She believes
none of the material is classified. In the event the
committee determines that some documents should be retained by
the committee, we would appreciate kn_ownin_g that and if
possible, knowing the basis for that determination in light of
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1219
the fact that we do not believe anything in this file would be
considered to be classified information.
She would like to have her personal papers returned so
that if the committee determined to keep any of the documents,
she would.simply like to be advised of it.
Mr..Flynt. Without objection, the committee, of course,
will-grant a part of Miss Miller's request and your request
made in behalf of Mrs. Miller. However, while the staff
director is looking for a pertinent rule, it is present opinion
of the Chair that all such documents are the property of the
House of Representatives and are not the property of an
individual.
Nothwithstanding that, the committee will certainly grant
the request for a conference and will, of course, act with
total courtesy and respect for both individual and property
rights.
Mr. Himmelman. We appreciate that, Mr. Chairman, and
of course are anxious to cooperate with the committee.
Mr. Flynt. We appreciate that expression of cooperation
and in turn will assure you of the committee's cooperation
insofar as is possible.
Mr. Himmelman. Can the committee advise us as to how long
a period of time will be involved in reviewing these files and
getting back in touch with us?
2511 Mr. Flynt. Would a week impose any undue inconvenience?
 17
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Mr. Himmelman. No, that is perfectly agreeable.
Mr. Flynt. The Chair was going to state that if it would,
we would try to advise you within 72 hours, but with the other
workload of the committee this week, if we could advise you
not later than the close of business on September 15th the
committee will do so.
Himmelman. We will be happy to accommodate your
schedule, sir.
Mr. Flynt. Are there any questions?
Mr. Hutchinson?
Mr. Hutchinson. I have no questions.
Mr. Flynt. Mrs. Miller you and your counsel may step
down. You are excused from further testimony and you are
excused from your subpoena with the thanks of the committee.
The committee does not anticipate recalling you, but if we
do, we will issue another subpoena.
So you are excused from further testimony today and also
from your subpoena.
Ms. Miller. Thank.you.
(Witness excused.)
 Approved For Release 2006/11/14: CIA-RDP91-00966R000800010003-1
Mr. Marshall. Michal Ann Schafer.
Mr. Flynt. Mrs. Schafer, will you raise your right hand,
please?
Do you solemnly swear that the testimony you will give
before this committee in the matters under consideration will
be the truth, the whole truth, and nothing but the truth, so
help you God?
TESTIMONY OF MICHAL ANN SCHAFER
Ms. Schafer. I do.
Mr. Marshall. Will you state your full name for the
record?
Ms. Schafer. Michal Ann Schafer.
Mr. Marshall. Where do you live?
Ms. Schafer. 4500 South Four Mile Run Drive, Arlington,
Virginia.
Mr. Marshall. You are appearing here without counsel?
Ms. Schafer. Yes, I am.
Mr. Marshall. You are here pursuant to a subpoena which
was previously served upon you?
Ms. Schafer. That is correct,
Mr. Marshall. At the time the subpoena was served, you
also received copies of House Resolution 1042 and 1054, and a
copy of the rules of the House Committee on Standards of
Official Conduct?
Ms. Schafer. Yes.
 Approved For Release 2006/11/14: CIA-RDP91-00966R000800010003-1
Mr. Marshall. A copy of the Investigative Procedures of
this committee?
Ms. Schafer. Yes,
Mr. Marshall. And a copy of the Chairman's opening
statement?
Ms. Schafer. Yes.
Mr. Marshall. The subpoena served upon you commanded you
to produce certain documents or writings, including copies of
drafts of the Report of the House Select Committee on
Intelligence which were prepared pursuant to House Resolution
591. Have you brought these documents and writings with you?
Ms. Schafer. I have no such documents.
Mr. Marshall. In the event that your evidence or
testimony may involve information or data concerning an
executive session of the Select Committee on Intelligence or
classified information or information which may tend to defame,
degrade, or incriminate any person, could you advise this
committee so it can take appropriate action under the rules of
the House?
Ms. Schafer. Yes, I will.
Mr. Marshall. Do you have a written statement you wish to
make?
Ms. Schafer. No.
Mr. Marshall. Do you have a brief oral summary you wish
to make?
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21
Ms. .Schafer . No, I do not.
Mr. Marshall. Would you tell us what your job title was
with the Select Committee?
Ms. Schafer. I was a secretary.
Mr. Marshall. Was this a secretary for a particular perso
or for a pool?
'Ms. Schafer. It was a pool of two.
Mr. Marshall. Who were the two?
Ms. Schafer. It was myself and Denise Gittin.
Mr. Marshall. When did you begin your duties as a
secretary?
Ms. Schafer. June 1, 1975 and terminated March 31, 1976.
Mr. Marshall. Mrs.
Schafer, did you give the report of
the Select Committee on Intelligence or a draft of any part of
that report to Mr. Daniel Schorr or to any other person?
Ms. Schafer. No, I did not.
Mr. Marshall. Do you know of anyone who did?
Ms. Schafer. No.
Mr. Marshall. Do you have any knowledge whatsoever of
the circumstances surrounding the publication of the report
of the Select Committee on Intelligence or any part thereof?
Ms. Schafer. No, I do not.
Mr. Marshall. Do you know of anyone who has such
knowledge?
Ms. Schafer. No.
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0
Mr. Marshall.- Did you divulge any part of the report of
the Select Committee on Intelligence or a draft of such report
to anyone in the media or anyone acting on behalf of the media?
Ms. Schafer. No.
Mr. Marshall. Do you know of anyone who did?
Ms. Schafer.
Mr. Marshall. Did you give the report of the Select
Committee on Intelligence or any part of that report to anyone
outside the Select Committee on Intelligence?
Ms. Schafer. No, sir.
Mr. Marshall. Do you know of anyone who did?
Ms. Schafer. No, sir.
Mr. Marshall. That is all.
Mr. Flynt. Mr. Hutchinson?
Mr. Hutchinson. I have no questions.
Mr. Flynt. Mrs. Schafer, you may step down. You are
excused from your subpoena with the thanks of the committee.
Ms. Schafer. Thank you.
(Witness excused.)
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23
Mr. Marshall. Kenneth A. Seidel?
Mr. Flynt. Mr. Seidel, will you raise your right hand,
please?
Do you solemnly swear that the testimony you will give
before this committee in the matters under consideration will
be the truth, the whole truth, and nothing but the truth, so
help you God?
TESTIMONY OF KENNETH A. SEIDEL
Mr. Seidel. Yes, sir.
Mr. Flynt. You may be seated.
Mr. Seidel, the committee welcomes you and thanks you for
your appearance.
Mr. Seidel. Thank you.
Mr. Marshall. Will you state your full name and residence
for the record?
Mr. Seidel. Kenneth A. Seidel. I live at 3307 Cannongate
Road, Fairfax, Virginia.
Mr. Marshall. You are appearing here without counsel?
Mr. Seidel. Yes,
Mr. Marshall. You are here pursuant to subpoena which
was served upon you previously?
Mr. Seidel. Yes, sir,
Mr. Marshall. At the time that subpoena was served you
also received copies of House Resolutions 1042 and 1054; is
that right?
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21
Mr. Seidel. Yes, sir.
Mr. Marshall. A copy of the rules of the House Committee
on Standards of Official Conduct?
Mr. Seidel. Yes.
Mr. Marshall. A copy of the Investigative Procedures
of this committee?
Mr. Seidel. Yes.
Mr. Marshall. And a copy of the Chairman's opening
statement?
Mr. Seidel. Yes, sir.
Mr. Marshall. The subpoena served upon you commanded you
to produce certain documents and-other writings, including
copies of drafts of the Report of the House Select Committee
on Intelligence which were prepared pursuant to House
Resolution 591. Have you brought these documents or writings
with you?
Mr. Seidel. I have no such documents, sir.
Mr. Marshall. In the event that your evidence or
testimony may involve information or data concerning an
executive session of the Select Committee on Intelligence or
classified information or information which may tend to defame,
degrade, or incriminate any person, please advise this
committee so that it may take appropriate action under the
rules of the House.
Mr. Seidel. Yes, I will.
 Approved For Release 2006/11/14: CIA-RDP91-00966R000800010003-1
Mr.-Marshall. Do you have a prepared written statement
to present to the committee at this time?
Mr. Seidel. No, sir.
Mr. Marshall. Do you wish to present a brief oral summary
of a statement?
Mr. Seidel.
, sir.
Mr. Marshall. Mr. Seidel, what was your job title with
the Select Committee on Intelligence?
Mr. Seidel. Mr. Marshall, I was assigned to the Select
Committee on Intelligence on loan from the Government Printing
Office as a printer to handle all the printing of the hearings,
any committee reports, committee' prints and the final report.
Mr. Marshall. When did you begin your duties with the
Select Committee?
Mr. Seidel. August of 1975.
Mr. Marshall. When did those duties terminate?
Mr. Seidel. Approximately the middle of April of 1976.
Mr. Marshall. Did you give the report of. the Select
Committee on Intelligence or a draft of any part of that report
to Mr. Daniel Schorr or to any other person?
Mr. Seidel. No, sir.
Mr. Marshall. Do you know of anyone who did?
Mr. Seidel. No, I don't.
Mr. Marshall. Do you have any knowledge whatsoever of
the circumstances surrounding the publication of the report
 Approved For Release 2006/11/14: CIA-RDP91-00966R000800010003-1
1228
of the Select Committee on Intelligence or any part of that
report?
Mr. Seidel. No, sir..
Mr. Marshall. Do you know of anyone who had such
knowledge?
Mr. Seidel. No, I don't.
Mr. Marshall. Did you divulge any part of the report of
the Select Committee on Intelligence or a draft of such report
to anyone in the media or anyone acting on behalf of the media
Mr. Seidel. No, sir.
Mr. Marshall. Do you know of anyone who. did?
Mr. Seidel. No, I do not..
Mr. Marshall. Did you give the report of the Select
Committee on Intelligence or any part of that report to anyone
outside the Select Committee on Intelligence?
Mr. Seidel. No, sir.
Mr. Marshall. Do you know of anyone who did?
Mr. Seidel. No, sir, I don't.
Mr. Flynt. Mr. Hutchinson?
Mr..Hutchinson. I have no questions.
Mr. Flynt. Mr. Seidel, you may step down. You are
excused from your subpoena.
Thank you.
Mr. Seidel. Thank you, Mr. Chairman.
(Witness excused.)
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3
Mr. Marshall. I would like to inquire if any of the
following persons are present with counsel.
Paul Hyndman?
Mr. Hyndman., do you have a counsel with you?
Mr. Hyndman. No, I don't have counsel.
Mr. Marshall. Please be seated and let me call for the
others.
Jeffrey R. Whieldon?
Katherine J. Schroeher?
Susan R. Paisner?
Ms. Paisner. Present.
Mr. Marshall. Are you herewith counsel?
Ms. Paisner. No, he will be here this afternoon.
Mr. Marshall. Thank you.
Cheryl T. Yamamoto?
Mr. Flynt. Mr. Hyndman, will you please stand and let
theoath be administered?
Do you solemnly swear that the testimony you will give
before this committee in the matters under consideration will
be the truth, the whole truth, and nothing but the truth, so
help you God?
Mr. Hyndman. I do.
Mr. Marshall. Mr. Hyndman, would you state your full name
and address for the record?
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15
. 24
1230
Mr. Hyndman. Paul Vance Hyndman, 2410 - 20th Street, N.W.
Mr. Marshall. You are appearing here without counsel?
Mr. Hyndman. That is right.
Mr. Marshall. You do not desire counsel?
Mr. Hyndman. No, I don't.
Mr. Marshall. You are here pursuant to a subpoena
served upon you previously?
Mr. Hyndman. I was not, no. I just got all this
information just now.
Mr. Marshall. You are appearing voluntarily before the
committee?
Mr. Hyndman. Yes, sir.
Mr. Marshall. Have you been supplied with copies of
House Resolutions 1042 and 1054?
Mr. Hyndman. I believe I was just supplied that
information about three minutes ago.
Mr. Marshall. And, a copy of the rules of the House
Committee on Standards of Official Conduct?
Mr. Hyndman. I was supplied that same information at
the same time.
?Mr. Marshall. And a copy of the Investigative Procedures
and the Chairman's opening statement?
Mr. Hyndman. That is correct. I received them at the
same time.
Mr. Marshall. Would you like to have time to review those
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21
1231
and testify later this afternoon or do you wish to go forward?
Mr. Hyndman. I think I understand the procedures that
have been followed here.
Mr. Marshall. Mr. Hyndman, do you have in your possession
any documents or records or writings, including any copies or
draft of. the Report of the House Select Committee on
Intelligence. which were prepared pursuant to House Resolution
591?
Mr. Hyndman. Short of press clippings and open source
information, I have none.
Mr. Marshall. When you say open source information,
do you mean information which appeared in the public media?
Mr. Hyndman. Yes.
Mr. Marshall. But short of that, you have no papers
which you retained as a part of your work with the Select
Committee?
Mr. Hyndman. I believe I have my own personal notes, but
in no sense are they classified.
Mr. Marshall. Would you be willing to allow this
committee to examine those notes?
Mr. Hyndman. I certainly would.
Mr. Marshall. At the conclusion of your testimony I will
ask Mr. John Marshall, a member of the committee staff, to
make appropriate arrangements with you to let the committee
look at those notes.
Annrnuarl Fnr Rah=..q-,t= 9QQR/11114_- CIA-Rr)P91-00966R000800010003-1
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13
? 24
Mr. Hyndman. Certainly.
Mr. Marshall. You are willing to let the committee do
this without a subpoena of any kind, correct?
Mr. Hyndman. Correct.
Mr. Marshall. In the event your evidence or testimony may
involve information or data concerning an executive session
of the Select Committee on Intelligence or classified
information or information which may tend to defame, degrade,
or incriminate any person, would you please advise this
committee in.a timely fashion so that it can take appropriate
action under the Rules of the House?
Mr. Hyndman. I will.
Mr. Marshall. Do you have a written statement you wish
to file?
Mr. Hyndman. No.
Mr. Marshall. Do you wish to present a brief oral summary
of a statement?
Mr. Hyndman. No, I don't.
Mr. Marshall. What. was your job title with the House
Select Committee on Intelligence?
Mr. Hyndman. I was an investigator assigned to working
on foreign intelligence.
Mr. Marshall. When did you begin your duties?
Mr. Hyndman. I believe about September 8th or 9th, 1975.
Mr. Marshall. When did you terminate those duties?
 Approved For Release 2006/11/14: CIA-RDP91-00966R000800010003-1
1233
Mr. Hyndman. At the end of the committee's existence,
at the end of February.
Mr. Marshall. 1976?
Mr. Hyndman. Right.
Mr. Marshall. Mr. Hyndman, did you give the report of
the Select Committee on. Intelligence or a draft of any part of
that report to Mr. Daniel Schorr or any other person?
Mr. Hyndman. I didn't.
Mr. Marshall. Do you know of anyone who did?
Mr. Hyndman. No, I don't.
Mr. Marshall. Do you have any knowledge whatsoever of
the circumstances surrounding the publication of the report
of the Select Committee on Intelligence or any part thereof?
Mr. Hyndman. No, I don't.
Mr. Marshall. Do you know of anyone who has such
knowledge?
Mr. Hyndman. No, I don't.
Mr. Marshall. Did you divulge any part of the report of
the Select Committee on Intelligence or a draft of that report
to anyone in the media or anyone acting on behalf of a member
of the media?
Mr. Hyndman. No, .I didn't..
Mr. Marshall. Do you know of anyone who did?
Mr. Hyndman. No.
Mr. Marshall. Did you give the report of the Select
 Approved For Release 2006/11/14: CIA-RDP91-00966R000800010003-1
Committee on Intelligence or any part of that report to anyone
outside the Select Committee on Intelligence?
Mr. Hyndman. No, I didn't. I saw it in a member's office
s all. Ithought I may have taken it to a member's office,
but I didn't.
Mr. Marshall. Is it your testimony that you took a draft
of the Select Committee's report to a member's office?
Mr. Hyndman.. I did not; no, I didn't.
Mr. Marshall. Did you see it in a member's office?
Mr. Hyndman. I certainly did, yes.
Mr. Marshall. Which member was that?
Mr. Hyndman. Congressman McClory's office.
Mr. Marshall. When was that, sir?
Mr. Hyndman. I don't remember the date. It would have
been sometime during the discussion that we had on the final
report.
Mr. Marshall. Was it prior to the time the final report
had been voted on by the Select Committee on Intelligence?
Mr. Hyndman. I frankly can't remember.
Mr. Marshall. What were the circumstances of your seeing
the report in Mr. McClory's office?
Mr. Hyndman. I was sitting with one of his staff personnel,
Mr. Paul Ahern.
Mr. Marshall. Was anyone else present?
Mr. Hyndman. No.
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20
1235
Mr. Marshall. My question was, did you give the report
of the Select Committee or make any part of that report
available to anyone outside the Select Committee on Intelligenc
Mr. Hyndman. No, I didn't.
Mr. Marshall. Do you know of anyone who did?
Mr. Hyndman. No, I don't.
Mr. Flynt. Mr. Hutchinson?
Mr. Hutchinson. What was your position with the
committee?
Mr. Hyndman. I was an investigator working on foreign
intelligence.
Mr. Hutchinson. No further questions.
Mr. Flynt. Mr. Hyndman, you may step down. You are
hereby excused from your subpoena with the thanks of the
committee for your appearance.
Mr. Hyndman. Thank you.
(Witness excused.)
Mr. Flynt. Pursuant to the motion adopted earlier in
this committee session, pursuant to the motion made by the
gentleman from Tennessee, Mr. Quillen, the committee will go
into executive session. With the motion made in open session
and a quorum being present and by a roll call vote of 7 to 5,
the motion was passed.
The committee now resolves itself into executive session
and the committee respectfully requests Mr. Mingee and.
 me fls
11:10
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Mr. Mattox to remain briefly with the understanding that we
will call. Mr. Mingee at this time and that we may or may not
call Mr. Mattox.
But Mr. Mattox, if the committee does not call you, you
will be promptly excused.
The committee hereby resolves itself into executive
session pursuant to the motion of Mr. Quillen heretofore
adopted by the committee.
(Whereupon, at 11:07 a.m. the committee proceeded into
executive session.)
 12
16
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(The committee resumed in open session at 2:21 p.m.)
Mr. Foley (presiding). The Committee on Standards of
Official Conduct will come to order.
The committee meets again in public session for the
purpose of receiving the testimony of the witnesses called.
The record will show that a quorum is present for the purpose
of receiving testimony.
The first witness scheduled for this afternoon's hearings
is Mr. Jeffrey R. Whieldon.
Will you remain standing?
Mr. Flynt. I hereby designate the gentleman from
Washington, Mr. Foley, to administer the oath to Jeffrey R.
Whieldon.
Mr. Foley. Mr. Whieldon, do you solemnly swear that the
testimony you will give before this committee in the matters
under consideration will be the truth, the whole truth, and
nothing but the truth, so help you God?
TESTIMONY OF JEFFREY R. WHIELDON
Mr, Whieldon. I do.
Mr. Foley. Would you state your full name and address
for the record?
Mr. Whieldon. My,name is Jeffrey R. Whieldon. I live
at 213 -- 9th Street, S.E., Washington, D. C.
Mr. Foley. Counsel?
Mr..Marshall. Mr. Whieldon, you are appearing here
 Approved For Release 2006/11/14: CIA-RDP91-00966R000800010003-1
without counsel?
Mr. Whieldon. That is correct.
Mr. Marshall. You are here pursuant to a subpoena
served upon you?
Mr. Whieldon. That is correct.
Mr. Marshall. At the time the subpoena was served, you
also received copies of House Resolutions 1042 and 1054, a copy
of the rules of the House Committee on Standards of Official
Conduct, a copy of the Investigative Procedures of this
committee, and a copy of the Chairman's opening statement; is
that correct?
Mr. Whieldon. That is true.
Mr. Marshall. The subpoena served upon you commanded you
to produce certain documents, records and other writings,
including copies of drafts of the Report of the House Select
Committee on Intelligence which were prepared pursuant to
House Resolution 591. Do you have those documents?
Mr. Whieldon. I had some documents and I have given them
to Mr. Harkness.
Mr. Marshall.. Of this committee staff?
Mr. Whieldon. Yes, that is correct, prior to the meeting.
Mr. Marshall. And you turned over to Mr. Harkness all the
documents you brought pursuant to the subpoena?
Mr. Whieldon. Yes, all that I had included within the
subpoena.
 Approved For Release 2006/11/14: CIA-RDP91-00966R000800010003-1
Mr,'Marshall.. In the event your evidence or testimony
0
.21
may involve information or data concerning an executive session
of the House Select Committee on Intelligence or classified
information or information which may tend to defame, degrade,
or incriminate any person, would you please advise this
committee so that it may take appropriate action under the
rules of the House?
Mr. Whieldon. I will.
Mr. Marshall. Do you have a written prepared statement
which you wish to file with the committee?
Mr. Whieldon. No, sir.
Mr. Marshall. Do you have an oral statement that you
wish to make at this time?
Mr. Whieldon. No, sir.
Mr. Marshall. What was your job title with the Select
Committee on Intelligence?
Mr.. Whieldon. The job title, Mr. Marshall, was counsel
to the Select Committee on Intelligence.
Mr. Marshall. Are'you admitted to the bar?
Mr. Whieldon. I am.
Mr. Marshall. What bar are you admitted to?
Mr. Whieldon. Commonwealth of Massachusetts and the
11
District of Columbia.
Mr. Marshall. When did you begin your duties with the
Select Committee?
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40
Mr..Whieldon. June 23, 1975 I began work with the
committee.
Mr. Marshall. When did you terminate those duties?
Mr. Whieldon. I believe l was on the payroll until
February 29, 1976.
Mr. Marshall. Mr. Whieldon, did you give the report of
the Select Committee on Intelligence or a draft of any part of
that report to Mr. Daniel Schorr or to any other person?
Mr. Whieldon. No, sir.
Mr. Marshall. Do you know of anyone who did?
Mr. Whieldon. No, sir.
Mr. Marshall. Do you have any knowledge whatsoever of
the circumstances surrounding the publication of the report
or any part thereof?
Mr. Whieldon. I do not.
Mr. Marshall. Do you know of anyone who has such
knowledge?
Mr. Whieldon. No, sir,
Mr. Marshall. Did.you divulge any part of the report of
the Select Committee on Intelligence or a draft of such report
to anyone in the media or anyone acting on behalf of a member
of the media?
Mr. Whieldon.. No, sir.
Mr. Marshall. Do you know of anyone who did?
Mr. Whieldon. No, sir.
 14
0 24
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Mr. Marshall. Did you give the report of the Select
Committee on Intelligence or make any part of that report
available to anyone outside the Select Committee on
Intelligence?
Mr. Whieldon. Outside of the membership or the staff?
Mr. Marshall. Membership or staff of the Select
Committee on Intelligence?
Mr. Whieldon. No, sir.
Mr. Marshall. Do you know of anyone who did?
Mr. Whieldon. No, sir,
Mr. Marshall. Thank you.
Mr. Foley. Are there any questions of Mr. Whieldon?
Mr. Price?
Mr. Price. I have no questions.
Mr. Foley. Mr. Chairman?
Mr. Flynt. I have no questions.
Mr. Foley. Mr. Whieldon, we appreciate your appearance
this afternoon. You are excused from your subpoena with the
thanks of the committee;
Mr. Whieldon. Thank you very much.
(Witness excused.)
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Mr. Foley. The next witness will be Miss Katherine J.
Schroeher.
Mr. Flynt. I hereby designate the gentleman from
Washington, Mr. Foley, to administer the oath to Miss Schroeher.
Mr. Foley. Miss Schroeher, do you solemnly swear that the
testimony you will give before this committee in the matters
under consideration will be the truth, the whole truth, and
nothing but the truth, so help you God?
TESTIMONY OF KATHERINE J. SCHROEHER
ACCOMPANIED BY
LAWRENCE R. VELVEL, COUNSEL
Ms. Schroeher. I do.
Mr. Foley. Would you state your full name and address?
Ms. Schroeher. Katherine J. Schroeher. I live at
4005 Fessenden Street, N.W., Washington, D. C.
Mr. Marshall. Can you tell me how to pronounce your
last name.
Ms. Schroeher. Shrayer.
Mr. Marshall. Are. you appearing here with counsel?
Ms. Schroeher. Yes, sir.
Mr. Marshall. Will you identify yourself for the record?
Mr. Velvel. Lawrence R. Velvel, counsel to Miss
Katherine Schroeher.
Mr. Marshall. Miss Schroeher, you are appearing
pursuant to a subpoena which was served upon you previously?
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Ms. Schroeher. Yes, sir.
Mr. Marshall. At the time that subpoena was served, you
also received copies of House Resolutions 1042 and 1054?
Ms. Schroeher, Yes, sir.
Mr. Marshall. And a copy of the rules of the House
Committee on Standards of Official Conduct?
Schroeher. Yes, sir.
Mr. Marshall. And a copy of the Investigative Procedures
of this committee?
Ms. Schroeher. Yes`, sir.
Mr. Marshall. And a copy of the Chairman's opening
statement?
Ms. Schroeher. Yes, sir,
Mr. Marshall. The subpoena served on you commanded you
to produce certain documents and other writings, including
copies of drafts of the Report of the House Select Committee
on Intelligence which were prepared pursuant to House
Resolution 591. Have you brought those documents with you?
Ms. Schroeher. Yes, sir,
Mr. Marshall. Do you have them now?
Ms. Schroeher. Yes, I do.
Mr. Marshall. Will you turn them over to a member of
my staff?
Ms. Schroeher. Surely.
(The documents referred to were submitted to the
committee.)
 S
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Mr. Marshall. Mrs. Schroeher, in view of the voluminous
nature of those documents, at the conclusion of your testimony
I am going to request that you stand by so we have an opportune
to examine them before you are excused.
Ms. Schroeher. Surely.
Mr. Marshall. In the event that your evidence or
testimony.may involve information or data concerning an
executive session of the Select Committee on Intelligence or
classified information or information which may tend to
defame, degrade,. or incriminate any person, please advise
this committee so that it may take appropriate action under
the rules of the House.
Schroeher. Yes, sor.
Mr. Marshall. Do you have a written statement which you
wish to file with the committee?
Ms. Schroeher. No, sir.
Mr. Marshall. Do you have a brief oral statement you
wish to make?
Ms. Schroeher. No, sir.
Mr. Marshall. Mrs. Schroeher, what was your job title
with the Select Committee on Intelligence?
Ms. Schroeher. I was a writer and a researcher.
Mr. Marshall. Did you work for a particular member of
the Select Committee?
.Ms. Schroeher. No, sir.
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23
Mr. Marshall. Who was your immediate supervisor?
Ms. Schroeher. Stanley Bach.
Mr. Marshall. When did you begin duties with the
Select Committee on Intelligence?
Ms. Schroeher. September 1, 1975.
Mr. Marshall. When did those duties conclude?
Ms. Schroeher. February 18, 1976.
Mr. Marshall. Mrs. Schroeher, did you give the report
of the Select Committee on Intelligence or a draft of any part
of that report to Mr. Daniel Schorr or to any other person?
Ms. Schroeher. No, sir,
Mr. Marshall, Do you know of anyone who did?
Ms. Schroeher. No, sir,
Mr. Marshall. Do you have any knowledge whatsoever of
the circumstances surrounding the publication of the report
or any part thereof?
Ms. Schroeher. No, sir.
Mr. Marshall. Do you know of anyone who does?
Ms. Schroeher. No, sir.
Mr. Marshall. Did you divulge any part of the report
of the Select Committee on Intelligence or any draft of such
report to a member of the media or anyone acting on behalf of
a member of the media?
Ms. Schroeher. No, sir.
Mr. Marshall. Do you know of anyone who did?
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Ms. Schroeher. No, sir.
Mr. Marshall. Did you give the report of the Select
Committee on Intelligence or make any part of that report
available to anyone outside of the Select Committee on
Intelligence?
Ms. Schroeher. No, sir.
Mr. Marshall. Do you know of anyone who did?
Ms. Schroeher. No, sir.
Mr. Marshall. That concludes my questions.
Mr. Foley. Are there any additional questions?
Mr. Quie. Did you write a portion of the final report?
Ms. Schroeher. No, sir. I helped to write a first draft
of the report.
Mr. Quie. Thank you.
Mr. Foley. Are there any further questions?
We appreciate your appearance this afternoon. You are
excused from any further testimony and from the subpoena.
(Witness excused.)
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Mr. Marshall. Is Susan R. Paisner in the committee room?
Ms. Paisner. My attorney is not here yet. I prefer to
wait until he gets here if that is all right.
Mr. Marshall. All right.
Cheryl T. Yamamoto, is she in the committee room?
(No response.)
Mr. John T. Marshall. We call Mr. John W. Marshall to
the witness stand.
Mr. Flynt. I hereby authorize the gentleman from
Washington, Mr. Foley, to administer the oath to Mr. Marshall.
Mr. Foley. Mr. Marshall, do you solemnly swear that the
testimony you will give before this committee in the matters
under consideration will be the truth, the whole truth, and
nothing but the truth, so help you God?
TESTIMONY OF JOHN W. MARSHALL
Mr. John W. Marshall. I do.
Mr. Foley. Would you state your full name, address and
position for the record?
Mr. John W. Marshall. John W. Marshall, 2301 South
Jefferson Davis Highway, Arlington, Virginia, Deputy Director
of Investigations of the Committee on Standards of Official
Conduct.
Mr. John T. Marshall. My name is John T. Marshall and
we are not related.
Mr. Marshall, at my direction did you attempt. to locate
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and serve a subpoena on Mr. Jacob A. Beam?
Mr. John W. Marshall. A member of the investigative staff
0 fis 24
35
did.
Mr. John T. Marshall. Do you know the results of that
attempt?
Mr. John W. Marshall. The investigative staff has been
advised that Mr. Beam is touring Russia with a photographic
exhibit sponsored by another government agency and will not
return to this country until February of 1977.
Mr. Flynt. Does the return on the subpoena so state?
Mr. John W. Marshall. I don't know, sir.
Mr. Flynt. If it does not and if it was made by an
investigator under the direction of you and Mr. Bowers, will
you have the return on the subpoena reflect the contents of
your testimony today?
Mr. John W. Marshall. Yes, sir.
Mr. Foley. Are there any other questions of Mr. Marshall?
If not, you are excused.
Mr. John W. Marshall. Thank you very much.
(Witness excused.)
Mr. Foley. Without objection, the committee will stand
in recess until 3 p.m.
(A brief recess was taken.)
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 Copeland
follows
Rudolph
2:45 p.m.
9/8/76
I-,Q5 P.M.
25
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Mr. Flynt. The committee will come to order. Is
Ms. Yamamoto present? Are you accompanied by counsel?
Ms. Yamamoto. Yes.
Mr. Flynt. Would you and your counsel please come
forward?
I will administer the oath.
Do you solemnly swear that the testimony which you will
give before this committee in the matters now under investiga-
tion will be the truth, whole truth, and nothing but the truth,
so help you God?
Ms. Yamamoto. I do.
Mr. Flynt. Ms. Yamamoto, the committee welcomes you, and
we welcome your counsel to this session of the committee, and
we express our appreciation to both of you for appearing.
TESTIMONY OF MS. CHERYL T. YAMAMOTO,
ACCOMPANIED BY
STEPHEN J. KOVACIK, JR., COUNSEL
Mr. Flynt. Mr. Counsel, will you proceed?
Mr. Marshall. Ms. Yamamoto, will you please state your
full name and residence for the record?
Ms. Yamamoto. Cheryl Yamamoto, 4500 South Four Mile
Run Drive, Apartment 620, Arlington, Virginia.
Mr. Marshall. You are appearing with counsel?
Ms. Yamamoto. That is correct.
Mr. Marshall. Counsel, would you identify yourself for the
 Approved For Release 2006/11/14: CIA-RDP91-00966R000800010003-1
23
24
record?
Mr. Kovacik. My name is Stephen J. Kovacik, Jr. I am
counsel for Ms. Yamamoto, and am from Columbus, Ohio.
Mr. Marshall. Ms. Yamamoto, you are here pursuant to a
subpoena served on you. previously?
Ms. Yamamoto. That is correct.
Mr. Marshall. At the time that subpoena was served, you
also received copies of House Resolutions 1042 and 1054?
Ms. Yamamoto. Yes, I did.
Mr. Marshall. And a copy of the rules of this committee?
Ms. Yamamoto. Yes.
Mr. Marshall. A copy of the investigative procedures of
this committee?
Ms. Yamamoto. Yes, sir.
Mr. Marshall. And a copy of the Chairman's opening
statement to these hearings?
Ms. Yamamoto. Yes, sir.
Mr. Marshall. The subpoena served upon you commanded you
to produce certain records, documents and other writings, includ
ing copies or drafts of the report of the House Select Committee
on Intelligence which were prepared pursuant to House Resolution
591. Do you have.those documents in writing?
Ms. Yamamoto. I didn't bring anything home with me so"I'
don't have anything to bring here.
Mr. Marshall. It is your testimony you have none of those
 Approved For Release 2006/11/14: CIA-RDP91-00966R000800010003-1
14
documents in writing in your possession?
Ms. Yamamoto. I have none of the documents.
Mr. Marshall. In the event that your evidence or testi-
mony may involve information or data concerning an Executive
Session of the House Select Committee on Intelligence, or
classified information, or information which may tend to de-
fame, degrade or incriminate any person, would you please ad-
vise this committee so it may take appropriate action under
the rules of the House of Representatives?
Ms. Yamamoto. I will.
Mr. Marshall. Do you have-a written statement you wish
to file with the committee?
Ms. Yamamoto. No, sir.
Mr. Flynt. Would counsel suspend briefly so that the
Chair may observe for the record that at the time the committee
was called to order, at the time Ms. Yamamoto and her counsel
approached the witness table, that there was then and is now
a quorum present for the purpose of taking testimony.
Proceed, Mr. Counsel.
Mr. Flynt. Do you wish to present an oral statement to
the committee at this time?
Ms. Yamamoto. No, sir.
Mr. Marshall. Ms. Yamamoto, what was your job title with
the Select Committee on Intelligence?
Ms. Yamamoto. I was an investigator with the foreign
and military intelligence section.
Annrnvarl Fnr RAIAacA 2ClflA111114 ? fCIA-RfP91-nngPARnnnRnnnlnnn3-1
 Approved For Release 2006/11/14: CIA-RDP91-00966R000800010003-1
Mr. Marshall. When did you begin those duties with the
Select Committee?
Ms. Yamamoto. June 15.
Mr. Marshall. Of what year?
Ms. Yamamoto. 1975.
Mr. Marshall. When did those duties terminate?
Ms. Yamamoto. February 28, 1976.
Mr. Marshall. Ms. Yamamoto, did you give the report of
the Select Committee on Intelligence or a draft of any part of
that report to Mr. Daniel Schorr, or to any other person?
Ms. Yamamoto. I did not.
Mr. Marshall. Do you know of anyone who did?
Ms. Yamamoto. I do not.
Mr. Marshall. Do you have any knowledge whatsoever of
the circumstances surrounding the publication of that report
or any part thereof?
Ms. Yamamoto. No, sir, I do not.
Mr. Marshall. Do you know of anyone who has such knowl-
edge?
Ms. Yamamoto. No, sir.
Mr. Marshall. Did you divulge any part of the report of
the Select Committee on-Intelligence or draft of that report
to any member of the media or anyone acting on behalf of a
member of the media?
Ms. Yamamoto. No, sir.
11 Annrnvcr1 Pnr Ralanca 7nnA/11/14 ? (-.IA-RfPal-nn9EAQnnn8nnn1000 -1
 Approved For Release 2006/11/14.: CIA-RDP91-00966R000800010003-1
1253
Mr. Marshall. Do you know of anyone who did?
Ms. Yamamoto. No, sir.
Mr. Marshall. Did you give the report of the Select
Committee on Intelligence or make any part of that report avail-
able to anyone outside of the Select Committee on Intelligence?
Ms. Yamamoto. No, sir.
Mr. Marshall. Do you know anyone who did?
Ms. Yamamoto. No, sir.
Mr. Marshall. Those are all the questions I have, Mr.
Chairman.
Mr. Flynt. Mr. Hutchinson?.
Mr. Hutchinson. No questions.
Mr. Flynt. Mr. Mitchell?
Mr. Mitchell. No questions.
Mr. Flynt. Ms. Yamamoto, with the thanks of the committee,
you may step down, and you are excused from your subpoena.
The committee would like to express its appreciation to you and
to your counsel for your appearance here today.
Mr. Kovacik. . Thank you, Mr. Chairman.
(The witness is excused.)
 . 24
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TESTIMONY OF SUSAN R. PAISNER
Mr. Marshall. Ms. Paisner, is your counsel here yet?
Ms. Paisner. No, he isn't, but I will go ahead anyway,
rather than hold you up.
Mr. Flynt. If you will come forward, before the oath is
administered, I would like to make a statement to you that I
would like to be on the record, Ms. Paisner. Have a seat at
the table.
Ms. Paisner, you have stated in response to a question
from counsel -- you are not under oath -- but you have stated
in response to a question from .counsel that while you are
present, your attorney has not arrived.
Ms. Paisner.
Right; he is not here.
Mr. Flynt. Earlier, you stated that you would like to
have him here, and just a minute ago I think you said you have
.no objections to proceeding.
Let me state the position of the committee on that.
When an individual advises the committee or advises a member
of the staff of the committee and that advice is communicated
to me as Chairman or to my temporary chairman of the commit-
tee, we certainly do not want to impose upon a witness,: and
we want to make every` reasonable effort to be accommodating.
Have you placed a call to ascertain whether your counsel
is enroute?
Ms. Paisner. Yes, I have. I called, and from what I
 Approved For Release 2006/11/14: CIA-RDP91-00966R000800010003-1
3:15 p.m. 19
3:30 p.m. 20
can figure out, he is on his way here. I left a message for
him to get here earlier, if possible, so I assume he has been
informed. . If it will work out better, I will wait until he
gets here.
Mr. Flynt. With him on the way, and out of courtesy to
both you and him, I think it would be best not to proceed.
Ms. Paisner. All right.
Mr. Flynt. The committee will stand in informal recess,
giving counsel a reasonable time in which to appear.
You are aware of the fact that both you and he were ad-
vised of the time you were expected to be reached on the witness
list, but we are certainly not going to impose on you or him.
Ms. Paisner. All right.
Mr. Swanner. Would you let us know when he is in the room,
please?
Ms. Paisner. All right; I will.
Mr. Flynt. The committee will stand in recess, subject
to the call of the Chair.
(Brief recess.)
Mr. Flynt. The committee will come to order. Ms. Paisner,
would you please come forward?
The Chair announces that for the purpose of taking testi-
mony and receiving evidence a quorum is present. Ms. Paisner,
before you take the seat and I administer the oath, let me
explain to you that you are entitled to a reasonable delay in
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21
0 24
testifying before the committee if your counsel is not pres-
ent, if you so desire.
The Chair will go one step further and give you his assur-
ance as best he can that in the event your counsel arrives and
after being advised of that to which you have testified, if
either you or he requests this committee to vacate the proceed-
ings under which you testified, I think I can give you the
assurance the committee will vacate those proceedings and let
you re-testify with counsel present.
Ms. Paisner. I appreciate that.
Mr. Flynt. Are you prepared to testify without counsel
being present?
Ms. Paisner. Yes, I am.
Mr. Flynt. Do you have any objection whatsoever to tes-
tifying without counsel being present?
Ms. Paisner. No, I don't.
Mr. Flynt. That being the case, would you please raise
your right'hand and let me administer the oath?
You do solemnly swear that the testimony you will give be-
fore this committee in matters now under consideration will be
the truth, whole truth and nothing but the truth, so help you
God?
Ms. Paisner. I do.
Mr. Flynt.. You may be seated.
The committee welcomes you to this session of the committee
 Approved For Release 2006/11/14: CIA-RDP91-00966R000800010003-1
1257
and we thank you for your appearance.
Counsel has some questions that he would like to ask you,
and I wonder if you would satisfy yourself as I have satisifed
myself that Ms. Paisner is willing to proceed without counsel.
Mr. Marshall. Ms. Paisner, would you please state your
full name and address for the record?
Ms. Paisner. Susan R. Paisner, 1832 Metzerott Road, Adelp
Maryland.
Mr. Marshall. Ms. Paisner, you have previously stated,
and we need to restate it for the record since you are under
oath, that you are appearing without counsel at present?
Ms. Paisner. Yes.
Mr. Marshall. Ms. Paisner, as counsel for the committee,
I want to tell you, you have the right of an attorney at this
proceeding, that the committee will take such action as is
necessary to protect that right. Do you understand that?
Ms. Paisner. Yes, I do.
Mr. Marshall. It is of your free choice that you go
forward and testify without counsel being present?
Ms. Paisner. Yes.
Mr. Marshall. If at any point in the testimony you should
change your mind, and you should feel the need for counsel,
will you please advise the committee so it can take appropriate
action?
Ms. Paisner. Yes, I will.
i,
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1258
Mr. Marshall. You are here pursuant to a subpoena having
been served upon you?
Ms. Paisner. That is correct.
Mr. Marshall. At the time that subpoena was served, you
also received copies of House Resolutions 1042 and 1054?
Ms. Paisner. That is correct.
Mr. Marshall. A copy of the rules of the House Committee
on Standards of Official Conduct?
Ms. Paisner. That is correct.
Mr. Marshall. A copy of the investigative procedures
of this committee?
Ms. Paisner. That is correct.
Mr. Marshall. And a copy of the Chairman's opening
statement to the.se hearings?
Ms. Paisner. Yes.
Mr. Marshall. The subpoena commanded that you produce
certain documents and writings described in the subpoena as
well as any copies or drafts of the report of the House Select
Committee on Intelligence which were prepared pursuant to
House Resolution 591.
Do you have those documents or writings with you?
Ms. Paisner. I have none of them with me at my home, so
I had none to bring in.
Mr. Marshall. It is your testimony then you had none of
those documents or writings in your possession at the time of
 Approved For Release 2006/11/14: CIA-RDP91-00966R000800010003-1
the subpoena, or in your custody or control?
Ms. Paisner. That is correct.
Mr. Marshall. In the event that your evidence or testi-
mony may involve information or data concerning an Executive
Session of the House Select Committee on Intelligence or clas-
sified information or information which may tend to defame,
degrade or incriminate any person, would you please advise this
committee so it may take appropriate action under the rules
of the House of Representatives?
Ms. Paisner. Yes, I will.
Mr. Marshall. Do you have a written statement you wish to
file with the committee at this time?
Ms. Paisner. I do not.
Mr. Marshall. Do you wish to present an oral statement
to the committee at this time?
Ms. Paisner. No.
Mr. Marshall. Ms. Paisner, what was your job title with
the Select Committee on Intelligence?
Ms. Paisner. I was a Research Assistant.
Mr. Marshall. When did you come to undertake those duties
with the Select Committee?
Ms. Paisner. September 2, 1975.
Mr. Marshall. When did your duties terminate?
Ms. Paisner. 'February 29, 1976.
Mr. Marshall. Ms. Paisner, did you give the report of the
 22
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1260
Select Committee on intelligence or a draft of any part of that
report to Mr. Schorr or to any other person?
Ms. Paisner. No, I did not.
Mr. Marshall. Do you know anyone who did?
Ms. Paisner. No, I do not.
Mr. Marshall. Do you have any knowledge whatever of the
circumstances surrounding the publication of that report or any
part thereof?
Ms. Paisner. No, I do not.
Mr. Marshall. Do you know of anyone who has such knowl-
edge?
Ms. Paisner. No.
Mr. Marshall. Did you divulge any part of the report of
the Select Committee on Intelligence or a draft of such report
to any member of the media or anyone acting on behalf of a
member of the media?
Ms. Paisner. No, I did not.
Mr. Marshall. Do you know anyone who did?
Ms. Paisner. No.
Mr. Marshall. Did you give the report of the Select
Committee on Intelligence or any part of that report to anyone
outside the Select Committee?
Ms. Paisner.
Mr. Marshall. Do you know anyone who did?
Ms. Paisner. No.
 Approved For Release 2006/11/14: CIA-RDP91-00966R000800010003-1
Mr. Marshall. One final question, Ms. Paisner, which I
must ask for the record: How old are you?
I want to be sure that you are of age in order to protect
your rights so far as counsel --
Ms. Paisner. You didn't ask anyone else.
Mr. Marshall. Let me withdraw the question. Are you over
twenty-one?
Ms. Paisner. Yes, I am.
Mr. Marshall. That certainly satisfies the committee.
I have no further questions.
Mr. Flynt. Mr. Spence?
Mr. Spence. Nothing except to comment that I am sure
the question was really complimentary.
Ms. Paisner. Thank you.
Mr. Flynt. Mr. Mitchell?
Mr. Mitchell. No questions, Mr. Chairman.
Mr. Flynt. Ms. Paisner, I am sure that counsel asked
that question because he thought you might have been consid-
erably younger than twenty-one and we wanted to be sure that
we were doubly protecting your rights.
Ms. Paisner. I appreciate the concern.
Mr. Flynt. We do thank you for appearing. We thank
you for the responsive and responsible manner in which you
have answered the questions and especially under the conditions
where you expected your counsel to be present and he was not.
 Approved For Release 2006/11/14: CIA-RDP91-00966R000800010003-1
With the thanks of the committee you may step down, and
you are excused from your subpoena.
Ms. Paisner. Thank you very much.
(The witness is excused.)
Mr. Flynt. The Chair desires to make an announcement.
The hearings upon this subject will resume at ten o'clock
a.m. Tuesday morning, the 14th of September in Room 2360.
The Chair emphasizes that the hearings on this subject will
resume at that time because the committee will meet again
tomorrow at ten o'clock pursuant to notice heretofore given
on a different subject matter, but this matter will be again
taken up by the committee -- that is the matter pursuant.to
House Resolution 1042, on September 14, 1976.
Is there anything further to come before the committee at
this time by any of the committee members?
Counsel has suggested that I state the hearings which
have been scheduled for Tuesday, September the 14th, are in
addition to and not in lieu of the meeting of this committee and
hearings before this committee which were scheduled for
Wednesday, the 15th of September, 1976.
Without objection, the committee stands adjourned.
(Whereupon, at 3:40 p.m., the committee adjourned, to
reconvene at 10:00 a.m., Thursday, September 9, 1976.)