LAOS/CONGRESSIONAL ACTION -- NEED FOR A LIG MEETING

• Document Type: CREST
• Collection: Library of Congress
• Document Number (FOIA) /ESDN (CREST): LOC-HAK-15-1-21-0
• Release Decision: RIPLIM
• Original Classification: S
• Document Page Count: 16
• Document Creation Date: January 11, 2017
• Document Release Date: December 8, 2011
• Sequence Number: 21
• Publication Date: July 19, 1971
• Content Type: MEMO

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MEMORANDUM 0o,*?,
I /6.
'7
NATIONAL SECURITY COUNCIL
DOS, OSD,
NSS reviews
completed.
ACTION
July 19, 1971
MEMORANDUM FOR: GENERAL HAIG
FROM:
RICHARD T. KENNEDY)
SUBJECT: Laos/Congressional Action -- Need
for a LIG Meeting
As I noted in my memorandum to you yesterday, Symington is pushing for
declassification of the June 7 "Secret" hearings. There are these additional
and related developments:
? Foreign Relations Committee request to have Swank and Godley
appear in "Executive Session." We need to get a handle on what
they are going to say.
^ Symington wrote a letter to DOD on May 27 (we have never seen a
copy unless Lehman has it). An answer has been drafted but not
yet sent by DOD. We are not aware of the nature of the reply.
? Senator Stennis wrote Mr. Laird on July 13 asking what type of a
ceiling might be acceptable (Symington had proposed
A reply has apparently been drafted and is on Mr. Lairds desk.
We are unaware of its content.
? Ken I3elieu just called me to say that Laird is seeing Stennis
tomorrow afternoon and it may be on the foregoing subject.
Ken Belieu urges that you call a LIG meeting for tomorrow morning
(Tuesday, July 20) to get a handle on this whole series of related actions
and to see that we are proceeding in a consistent way. This would give an
opportunity to get Rady Johnson and Abshire together on the replies to the
Symington and Stennis letters as well as get lined up for how we deal with
the Laos situation in the Committee.
RECOMMENDATION:
I recommend that you call a LIG meeting for tomorrow.
May Contain
Congressional
Material
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CONFIDENTIAL
MEMORANDUM
THE.W1-11TE HOUSE
WAIStaiteltallt
CONT/DENTIAL
? 30456
L ilekCk'r
610'7
July 14, 1971
MEMORANDUM rOrti OENERAL MAIO
FROMt COLONEL ZONNEDY
SUISZECti
SPRO Requeot for Ambassadors Godley
and Swank to AppoarttExecutive Socoion
This is fraught with real danger. Unfortu. nstely the Cornrnittoo to
aware that both Godley and Swank will be here and I A= not sure
that we could get away with having them "unavailable." Do you,
want me to raise this with MacGregor to see if we could sornehovr
foreitall it?
Vroebe oays Green and Alex Johnson believe this wf11 give a good
opportunity to get the Achrdniotration's view acrcas? My own
feeling is that the Corecnittee will encourage them to put their
formal state:neat/3 in the record and promptly get down to the business
of tearing both of them apart, pobably for quick publication in the
local journal.
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CONFIDENTIAL.
MEMORANDUM
NATIONAL SECURITY COUNCIL
CONFIDENTIAL
ivIEMORANDU'M IrORI
FROM .
SUBJECT:
GENZRAL HAIG
JOHN A. rROE13IC. fl
30404'
itA4
ofe?ce Air?
ACTION
july 14. 1971
SFR C Requeet for ..6-mba3sadere Godley
and Swank to Appear in 21:ecutive Ceseion
State July 12 received a request from Senate Foreign Itolations Cozrznittee
Consultant Richard Moose that Ambausedore Godley an.d Swank appear
before the Committee in executive aegaion either July 22 or 23. Moo
said only that the Committee, wanted to take advantage of the Arabazeadore
presence in the States to be briefed on their countries but did not cpoci'r
any particular topics. State boliovez this iss a good opportunity to procont
the Adrrdniatration poeition againet the Symington c.mendrnont placing
ceiling on assistance for L20:6 On the negative ei4o) Ctata
believes the Committee request could be turned clown only with great
difficuity, if at all eventually. Under Secretary Johrsoon and Aszietant
Secretary Green have .approved of Godley sand 'Swank's; appearance.
Ambassador Swank arrives in Waehington tomorrow and will be in the
States until mid.Auguet. Arnbasseador Godley in on leave at hie home in
New York and plans to return to posfin early September.
It9 commendations
That you approve Ambassadors Vodley and Swanks appearance before
the MC.
Approve
Pik ravrr-orl
dLfflr
u4:1 g 14.
Di n el* rove
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SEM ttliSITIvir
THE WHITE HOUSE
WASHINGTON
PXCR_ZTiSrNSIT/Vr,
July 15i 1971
MEMO ?roRt 0E11E11.AL HAIG
FROM: COLONEL laN112D
Al, I have reload this with Zen Beliefs. He
is giving it some scrutiny and chocking with
the Congressional typos in the Departments.
Will give you. more word on Iuly 26.
understand that Me* 3ohnson may raise this
with HAK Friday. 13 he does co. I Wok it would
be well if both Packard and Helrne were present.
?
(Tab B is the memo for the President from
Irwin which I sent earlier and which Jon Howe
hale)
cJ itcr ti
uv-t_ tr-p4
SEE I ?SnSITIVE
?
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V"'SU1&L
MEMORANDUM
? SECRET/SENSITIVE
NATIONAL SECURITY COUNCIL
ACTION
July 15 1971
MEMORANDUM nuts DR. KISSINGER
smoms JOHN A. .FROZBEcifiLl.
SUBJECT' Declassification of Record of June 7 Secret
Session of the Sonata on Leos
Attached at Tab A is a memorandum from you to the President maldng
recommendations on the declassification handling of four issues dealt
with in the June 7 secret cession of the Senate on Laos. We believe
early action is needed in this instance inaornuch as the Senate is
now moving to consideration of the arrtendment propoeed by Senator
Symington on placing a ceiling on our assistance to Laos* and the
Senate Foreign Relations Committee is consequently preseing the
Administration for a deolaasifics.tion decision to porrnit vacate of
the transcript of the secret session.
AECOIVIMENDATIONI
That you sign the memorandum to the President at Tab A.
Attachment
SEC
771- TIVE.
SECRET/SENSITIVE
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.MEMORANDUM vir IP
THE WHITE HOUSE
WASHInaToN
SECRET /S ENSIT IVE /NO DIS
MEMORANDUM FOR:
FROM:
SUBJECT:
July 16, 1971
ACTION
THE PRESIDENT
HENRY A. KISSINGER
Declassification of Record of June 7
Secret Session of the Senate on Laos
Attached at Tab A is a memorandum from the Acting Secretary of
State, and concurred in by the Secretary of Defense and the Acting
Director of the CIA, making recommendations on the declassification
of the record of the June 7 secret session of the Senate on Laos.
The focus of the session was Senator Symington's summary presenta-
tion of a Foreign Relations Committee staff report criticizino our rill,.
in Laos, CIA involvement there,
Senator Sy-mington presented his amendment for a
ceiling for U.S. programs in Laos, except the bombing
of the Trail, unless the Administration would specifically justify such
programs to Congress and get its approval. The discussion also
dwelled on whether the Administration had violated the Fulbright Amed.D
ment to the 1970 Defense Appropriations A4
Of the four declassification issues presented, two pose particular
problems:
1)
The CIA role in or_ganizing, training, direction and paying Lao
PP
rrevlars. I agree with State, DOD, and CIA that we should
rove declassifying the CIA role in Laos
which are discussed below. Open
disclosure of the CIA role, which is already widely known, would
considerably facilitate the defense of this activity by our friends on
the Senate floor. We believe we have a good case on this score,
and that we must present this case effectively in the upcoming
Congressional debate in order to defeat the restrictive legislation
proposed by Senator Symington.
?
SECRET/SENSITIVE/NODIS
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As regards the two remaining issues, the agencies recommend, and I
agree, that the material involved, previously not made public, no longer
need to be classified:
1) Sortie rates over Laos by U.S. Aircraft.
2) MAP total annual figures for Laos for Fiscal Years 1963 to 1967
and MASF total annual figures for Laos for Fiscal Years 1968 to
1970 and 1972.
RECOMMENDATION:
That you approve declassifying the CIA role in Laos with respect to
the Lao irregulars,
Approve
Disapprove
That you approve declassifying the following, not heretofore made public:
Sortie rates over Laos by U.S. aircraft
?
Approve Disapprove
MAP/MASF total annual figures for Laos for Fiscal Years 1963
to 1970 inclusive, and for Fiscal Year 1972.
Approve Disapprove
SECRET/SENSITIVE/NODIS
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Attachment
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CONFIDENTIAL
30456
July 14 1971
MEMORANDUM FOR: GENERAL HAIG
FROM: COLONEL KENNEDY
SUBJECT:
SFRC Request for Ambassadors Godley
and Swank to Appear in Executive Session
This is fraught with real danger. Unfortunately the Committee is
aware that both Godley and Swank will be hers and I am not sure
that we could get away with having them "unavailable." Do you
want me to raise this with MacGregor to see U we could somehow
forestall it?
Froebe says Green and Alex Johnson believe this will give a good
opportunity to get the Administration's view accross. My own
feeling is that the Committee will encourage them to pat their
? formal statements in the record and promptly get down to the business
of tearing both of them apart, probably for quick publication in the
local journal.
RTK:afp:7-14-71.
ro "ATV mereikrr A T _
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MEMORANDUM FOR THE PRESIDENT
3. .0 .
c 0 04i'
cy `: Cr, 46iiroN 4.4
DEPARTMENT OF STATE
WAS
SiS - 7110504
July 14, 1971
Subject: Declassification of Record of June 7
Secret Session of the Senate on Laos
It is recommended that:
'Ynn'annrove derlasaifyina the CIA role in Laos
Approve Disapprove
. You approve declassifying the following not
heretofore made public:
--Sortie rates over Laos by US aircraft
? Approve Disapprove
--mAP/MASF total annual figures for Laos for
Fiscal Years 1963 to 1970 inclusive, and for Fiscal Year
1972 -
Approve
Disapprove
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SECRET-SENSITIVE
NODIS
The Chairman of the Senate Foreign Relations
Committee was charged by the Senate with the saniti-
zation of the transcript of the secret Senate session
on Laos, prior to its publication. In response to
his invitation, a State Department representative,
together with representatives of CIA and DOD, has
reviewed the transcript with the Committee staff to
see what parts might be released for publication.
A considerable number of security deletions
raise no issues. This memorandum deals only with
issues involving important disclosures going beyond
details previously made public by the Administration.
Before discussing these issues, a brief summary
of the thrust of the Senate session is relevant.
to attack the
CIA's role
in connection with Lao irregular forces, the
flexibility of funding which had been used to
support these programs
Senator Symington opened by saying he would
discuss what the Government was doing, question the
legal authority for it, ask if we could afford it
and question if the actions were in the U.S. interest.
He then presented a summary of the TOP SECRET report
of Committee staffers Lowenstein and Moose, resulting
from their trip to Southeast Asia in April.
The full staff report is made part of the record.
-The-highlights were:
--The situation worsens, with two thirds of
the country gone, and no plans to retake it.
--The now regular use of B-52s for bombing
in the north', near China.
--The irregular Lao troops are armed, trained
and directed by CIA. ,
SECRET?SENSITIVE
NODIS
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--The Chinese road toward Thailand was bombed
several times by RLAF, which caused increased Chinese
air defense measures; and, as the bombing was done by
unmarked T-28s, ran the risk of attribution to the U.S.
--The cost of military assistance to Lao
regulars and irregulars steadily escalates substan-
tially beyond the sums justified to the Congress;
and the method of involving CIA budget
does not leave Congress informed as to
what projects will be pursued in Laos or the funds
actually involved.
Symington then proposed his amendment for a
ceiling for any U.S. programs in Laos,
except bombing of the Trail, unless the Administration
would specifically justify such programs to Congress
and get its approval.
Most of the discussion that followed dealt with
whether the Administration had violated the Fulbright
Amendment. Fulbright and Symington, along with
Kennedy, strongly asserted there was no question that
a flagrant violation had occurred, while Griffin and
Stennis attempted to resist these arguments.
The Committee Staff has agreed to delete from
the record references to intelligence operations
CIA budget figures, detailed friendly order of
battle and references to testimony by the Director
of CIA.
SECRET-SENSITIVE
NODIS
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SECRET-SENSITIVE 4
NODIS
The principal issues remaining are whether we
can usefully keep classified:
--The CIA role of or
directing and paying Lao irreg
as well as the provision of an
CIA budget for those purposes.
ganizing, training,
ulars,
unspecified amount of
The CIA Role with the Irregulars. Your statement
on Laos of March 7, 1970, said that we "provide military
assistance to regular and irregular Lao forces in the
form of equipment, training and logistics."
The new factors involved are therefore (a) that
the U.S. directs the irregulars, and (b) that it is
CIA that performs all these functions.
CIA would prefer not to have reference made to
its role in the unclassified transcript. However,
CIA says it cannot argue on security grounds that a
general reference to its connection with the Lao
irregular program would be seriously damaging.
Therefore, the CIA is prepared to disclose its role
in Laos in connection with the Lao irregulars, but
only in a general way. agrees,
lAmbassador
Godley says that he regrets this, pointing out that
there is a difference from the enemy's point of view
SECRET-SENSITIVE
NODIS
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NODIS
in being able to quote an official Senate document rather
than an article in the American press. Ambassador
Godley goes on to praise CIA's role in Laos, noting
it has saved us millions and millions of dollars at
the very minimum cost of American blood. It is
obvious that his concern is that whatever action
is taken should not prejudice CIA being able to
continue to perform this role. This could happen
if the result of disclosure were either legislation
strictly banning financial support for the irregulars
or legislation banning CIA from performing its role
in support of the irregulars.
On the other hand, we believe that any attempt
to delete references to the CIA role with Lao troops,
or the fact that the U.S. directs the irregulars
would be transparent and could weaken our case for
avoiding harmful restrictive legislation. Symington has
already told the press that the secret session was
to take up the CIA role in Laos, and we believe that
the details would be leaked by the Senate in any
event. It is indeed an open secret now, lacking only.
confirmation by the U.S. Government. Open disclosure
of the CIA role, which is already widely known, would
facilitate the defense of this activity by our friends
on the Senate floor. We believe this is a good story
which can be effectively presented in Congressional
debate.
On balance, then, we believe that it is desirable
to declassify
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NODIS
Whether this will contain Senator Fulbright or
not I do not know. Since he has stated so strongly
that he believes the purpose of the Fulbright Amend-
ment has been flouted by the Administration, I
believe he will persevere. Nevertheless, to foreclose
on the criticism that we are shutting off legitimate
debate in the Congress, we will remind him that we
have already stated that we are providing financial
and material support in Laos and
will insist that he limit imself to discussing that
aspect in this dispute.
Then, as suggests, State will
prepare our statement of the story for release
promptly after the transcript is released if that
seems desirable.
Finally, State, Defense and CIA wish to report
that, in addition to the key issues noted above,
State, Defense and CIA have agreed that the following
material, previously not made public, no longer need
_be classified:
--Sortie rates over Laos by U.S. aircraft.
--MAP total annual figures for Laos for
Fiscal Years 1963 to 1967 and MASF total annual
figures for ,Laos for Fiscal Years 1968 to 1970 and
for Fiscal Year 1972.
SECRET-SENSITIVE
NODIS
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7
The Secretary of Defense and the Acting Director,
Central Intelligence Agency, concur in this Memorandum.
41
1,
John N. Irwin II
SECRET-SENSITIVE
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