VC WOULD LIQUIDATE 3 MILLION IF IT WON, U.S. EXPERT CONTENDS

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May 15, 1970
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WAS (p4 () PAGE WASHINGTON POST DATE Approved For Release 2001/08/07 : CT - - ROOO3O0060011-8 1 VC Would Liquidate 3 Million If It Won, U.S. Expert Contends By Robert G. Kaiser Washington Pos' Foreign Service SAIGON, May 14-One of tho U.S. government's leading experts on the Vietcong has written a paper predicting that "if the Communists win de- cisively in South VietnarO, ally political opposition, actual or potential, would be systemati calily eliminated." The author of the paper. is 1 Douglas Pike, who has written I two books on the Vietnarr,ese Communists and is now a United States Information Service officer in Tokyo. He .wrote "The Viet Cong Strategy of Terror," a 125-page mono- graph earlier this year, The U.S. mission here plans to re- lease it soon. Pike's work seems to be a :rejoinder to those who have mocked suggestions that the Communists would wipe out) thousands of their opponents if they took over South Viet- nam. Pike says that if the Communists win the war here decisively ("and the key word is decisively," he writes), the result will be "a night of the long knives" to wipe out all conceivable dissidents---per- haps 3 million persons. Pike contends the massacre would go on in secret, after all foreigners had been expelled 'from Vietnam:. "The world would call it peace, Pike writes. He cites a list of 15 cat.c o- i?ies of citizens who would he murdered, saying such a list of categories is often found in captured documents. Pike notes a statement by Col. Tran Van Dac, one of the highest- ranking Communists ever to !defect to the Saigon regime, that "there are 3 million South Vietname e on blood debt list." Approv4 Pike's predictions are. the' most dramatic aspect of his paper. Most of it is devoted to an analysis of the Vietcong's present and past uses of ter- ror. A major section analyzes the 1968 massacres at Hue. "It would not be worthwhile nor is it the.purpose of this monograph to produce a word picture of Vietnamese.. Com- munists as fiendish fanatics) with blood dripping from their! hands," Pike writes. ? Rather, l he says, he wants to describe how the Vietcong use and jus- tify terror as a crucial part of their war strategy. Current ? "Vietcong doctrine, Pike contends, calls for terror for three purposes: to dimin- ish the allies' forces, to main- tain or boost Communist mo- rale, and to scare and diso. rient the populace. He says the enemy seems to be moving more and more toward a ter- rorist strategy as part of a new kind of protracted war. (Official government terrorist statistics show a sharp in- crease in kidnapings, assassi- nations and other terrorism in recent months.) In central Vietnam, Pike1 writes, Vietcong units are given terrorist quotas to fulfill. As an example, he cites intelli- gence information that special Vietcong squads in parts of two provinces were told to "annihilate" 277, persons dur- ing the first half of 1969. In the. most detailed analy- sis of the killings at Hue yet published, Pike writes that "despite contrary appearances, virtually no Communist killing was due to rage, frustration or panic during the communist withdrawal" from Hue, which the Vietcong held for 24 days. in February 1968. "Such explanations are livil Pike continues, Mizut trey faifi io 'i6Td up tinder scurtiny. Quite the con- trary, to trace hack any single' killing is to dis that 'al.I most without exception it was the result of a decision ra , tional. and. justifiable in thee; Communist. mind." According. to Pike's. analysis of the flue. massacres, the Communists changed their minds twice after seizing the city on Jan. 31. At first, Pike writes - he claims, captured documents show this-the Vietcong expected to hold Hue for just seven days. During that first phase, Pike says, the Vietcong purpose- fully executed key individu- als whose elimination would greatly . weaken the' 'govern-1 ment'sadruin is t rat iv e apparatus. After they. held on more' than seven days, Pike's theory continues,' the Communists de- cided they would be able to stay in Hue indefinitely. Pris- oners, rallicrs and intercepted messa~ps at the time confirm' this,,, according to Pike.- In this euphoric mood, he writes, the Communists set out to reconstruct Hue society, eliminating not just specific individuals, but whole catego- ries of citizens whose, exist- ence would, hinder creation of a new revolutionary society. Perhaps 2,000 of the estimated!', I; 5,800 persons killed at Hues; were slain during this second phase, Pike suggest. Eventually. Pike continues, the battle turned against the Communists in Hue and they realized they would have to abandon the city. This realiza- tion led to phase three, PikeI writes: "elimination of wit-, nesses." The entire under- ground Vietcong structure in Hue had probably revealed it self by this time, and now had to protect itself by eliminating many' who could later turn' them in to government author- i ities, Pike theorizes. For this reason; citizens I taken from their homes merely for political indoctrina- tion had in he killed when the Communists decided to flee flue, Pike suggests. or Release 2001/08/07: CIA-RDP72-00337RUOi13DOO6fnn 7_R ,_.. Approved For Release 2001/08/07 : CIA-RDP72-00337R000300060011-8 Apr'il' 27, 1970 CONGRESSIONAL RECORD -SENATE derstanding, and consideration that has been shown. I point out that while in 1968 the crime rate rose by 16 percent, in 1969 it rose by only 11 percent; so percentagewise there has been a diminution, but overall there has been an increase. I think the times call for action, and I hope Congress will face up to its re- sponsibilities this year, and do it soon. ECONOMIC ASPECTS OF THE WAR IN VIETNAM Mr. MANSFI VIblrPre-&ideint, I ask unanimous consent that the testimony by Louis B. Lundborg, chairman of the board of the Bank of America, before the Sen- ate Committee on Foreign. Relations on April 15, 1970, be printed in the RECORD at the conclusion of my remarks. The ACTING PRESIDENT pro tem- pore. Without objection, It is so ordered. (See exhibit 1.) Mr. MANSFIELD. I make this request because Mr. Lundborg happens to be a Montanan. He is chairman of the board of the largest bank in the country,_ and his testimony, I think, is worthy of the consideration of all Members of this body. I also ask unanimous consent that an article by Hobart Rowen, entitled "Busi- ness Can't Ignore Protests," published in the Washington Post of Sunday, April 12, 1970, be printed in the RECORD, because it is related to the remarks made by Mr. Lundborg. The ACTING PRESIDENT pro tem - pore. Without objection, it is so ordered. (See exhibit 2.) EXHIBIT 1 TESTIMONY BY Louis B. LVN,DBOR6 My name is Louis B. Lundborg. I Am Chair- man of the Board of BankAmerica Corpora- tion and of the Bank of America N. T. & S. A. I am pleased to respond to your request that I testify here today. My testimony this morning will be on some of the economic aspects of the war in Vietnam. In preparing this testimony I have had the benefit of the best thinking of the staff of, the bank's Economics Department, as well as that of many other officers of our bank on the economic impact of the war. In this testimony I will confine my re- marks to the economic impact of the war. While I have strongly held personal feelings on other aspects of the war, I do not feel it is appropriate or proper to express these views as Chairman of the Board of Bank of America. The thrust of my testimony will be that the war in Vietnam distorts the ,American economy. The war is a major contributor to inflation-our most crucial domestic eco- nomic problem. It draws off resources that could be put to work towards solving im- perative problems facing this nation at home. And despite the protestations of the new left; to the contrary, the fact is that an end to the war would be good, not bad, for American business. There is, I think a pernicious, but widely-- held belief that war generally has been an agent for economic growth, and therefore good for business. My plan this morning is to spend a few minutes discussing that be- lief and then to move on to the specifics of Vietnam where it is possible to speak, not only in general terms, but to back up our conclusions with specific economic statistics and indicators. First, therefore, let's look at the general proposition that war has been an engine for rapid economic growth. While it is difficult, if not impossible, to prove conclusively that on balance war has not been an agent for rapid economic growth, there are a number of carefully reasoned investigations into this subject supporting the position that peace is far better for economic development. Al- though these careful analyses tend to reject the assumption that war is a boon to the economy, the public is generally unaware of this and continues to believe that war con- tributes positively to economic development. It is time to set this record straight. Mr. John U. Nef's book, War and Human Progress, systematically examines the interrelations of war and economic growth from 1494 down to 1950. His analysis indicates that the in- dustrial revolutions of both the Elizabethan and Napoleonic periods were developed not in warring Europe, but in peaceful England; that the invention of gun powder and of many other weapons of war was a by-product, not of military need but of peaceful industry, and that, certainly, pure and possibly even applied science has flourished most in peace and least in war. Dr. John J. Clark, Dean of the College of Business Administration at St. John's Uni- versity in New York, in his book, The New Economics of National Defense, reviews the impact of war on economic development. In summary, he states, "The preponder- ance of evidence supports the judgment that war, on balance, does not correlate positively with economic progress. Settlement by arms not only causes a great net waste of re- sources: it also retards industrial develop- ment and the division of labor." Other authorities have shown (1) that ris- ing expenditures for research and develop- ment may actually be reducing the rate of economic growth in the United States, and (2) that the process of transferring scien- tific and technological advances: in space and military R and D is becoming increasingly difficult. To the extent that it can be shown that war in general is not good for economic progress, then it should be equally obvious that war is not good for business. I could go on citing other expert testi- mony that war in general is not an engine of economic progress-but let me move on to the real issue-the war in Vietnam. As you probably know, Mr. A. W. Clausen, the President of the Bank of America, spe- cifically rejected the charge that we as an institution support and profit from the war in Vietnam. He further stated, "this bank has consistently pointed out that an' end to the war in Vietnam would be good, not bad, for American business." I would like to elaborate on this point. There have been reckless and often delib- erately malicious charges that the U.S. busi- ness community has supported the Vietnam war in an effort to reap huge profits. Let's look at the record. In a very narrow sense, it is certainly true that individual firms which supply material and services to the military have made profits. In our market economy, the federal government purchases most of the goods and services it requires from private firms, and those firms must be profitable in order to survive. This is true whether the firm is contracted to build a highway, produce a postal delivery truck, construct a school, improve a slum or produce a military aircraft. But as Mr. Hud- son B. Drake pointed out in the January- February 1970 Harvard Business Review, the Government has established elaborate proce- dures to assure that profits on government contracts are not excessive, and in general these procedures have been effective. I recognize that it is statistically impos- sible with the data available to calculate what portion of various firms' profits are gen- erated by demands for, goods and services needed to prosecute the Vietnam War. In an effort to get some rough approximation of the profitability of corporations doing sub- S 6205 stantial business with the Government, I did some checking on the corporations re- ceiving the largest amounts of funds from Government contracts. Actually, I took the list from a publication of a "peace group" who proclaimed these firms to be war profit- eers. The top ten firms for which we had data had a pattern of profits after taxes per dollar of sales quite similar to the national average. This means that the firms did bet- ter in the 1962-1965 period than in the post- escalation years. It is also interesting to note that except for 1962 the average profits after taxes per dollar of sales for the ten firms was below the comparable national average for all manufacturing industries or durable goods industries. When I checked the twenty-five largest firms their profit after taxes per dollar of sales figure was also below the national average. I realize, as I said before, that these figures are inadequate to prove any case conclu- sively. They do, however, cast serious doubt on the extravagant claims we have heard about war profiteering. We do have more than adequate data to demonstrate that the escalation of the war in Vietnam has seriously distorted the Amer- ican economy, has inflamed inflationary pres- sures, has drained resources that are desper- ately needed to overcome serious domestic problems confronting our country, and has - dampened the rate of growth in profits on both 'a before and after tax basis. In the middle of 1964 when the Vietnam escalation began, the economy was in quite good shape. We had at that time an uninterrupted eco- nomic advance of 52 months-a peacetime record-unemployment averaged 41/2 percent, the consumer price index had increased only 1.2 percent during the first 6 months of 1965, and the average operating rate of in- dustrial capacity was at 90 percent. There had been considerable success in maintain- ing Federal expenditures for goods and serv- ices below 11 percent of GNP from 1960 through mid-1965. In fact, the Government had even been able to change the composi- tion of its spending by deliberately shifting emphasis from defense to non-defense spending. The expenditures related to the Vietnam war, added to the near full employment econ- omy that existed in mid-1965, generated severe inflationary pressures. Consumer prices began increasing rapidly as the fed- eral deficit grew. While there is room for a wide range of opinion covering proper tax policies during this period, especially over the timing and magnitude of tax increases, and the proper role of monetary policy, the basic cause of the inflationary forces was a sharp increase in federal spending associated with the escalation of the conflict in Vietnam. The inflation, the growth in inflationary psychology, and the very stringent anti-infla- tionary monetary policies have combined to produce serious distortions in the United States financial markets and resulting dis- tortion in the economy. These distortions in- clude the sharp drop in residential construc- tion and the sharp growth in investment spending. The facts clearly show that the Vietnam war has not been good for business profits. During the four years prior to the escalation of the conflict in Vietnam, corporate profits after taxes rose 71.0 percent. From 1966 through 1969 corporate profits after taxes rose only 9.2 percent. To avoid any thought that. the recent tax increase may have fudged the figures, I also have similar corporate profit figures on a before tax and inventory adjustment basis. These figures show corpo- rate profits rose 51.3 percent from 1962 through 1965 but the gains in profits were dampened to a 16.6 percent increase during the post-escalation 1966-1969 period. It should be clear from these figures that what is good for the economy is good for business. Approved For Release 2001/08/07 : CIA-RDP72-00337R000300060011-8 Approved For Release 2001/08/07 : CIA-RDP72-00337R000300060011- 6206 CONGRESSIONAL RECORD - SENATE ~rr:r+r 27 ; 49;0 Most of the concern about the upward pressures on prices and costs originating in expenditures associated with the Vietnam war arise from recognition of the damaging effects of inflation on the domestic economy. This should not lead us to neglect the Im- portant Impact on our position in interna- tonal markets and the balance of pa-ayfnents. 'Ibis is not to lay the blame for our balance of payments problems on the recent period of Inflation or on the Vietnam war. Inflation ? od the war associated expenditures, how e1er_ have made the prob''+-em more intracta- ble and solutions more d4neult. These difii- cOit.es with our balance of payments have postponed indefinitely any relaxation of the restraints and controls under which inter- national business has beer: forced to operate for the past several years in particular. It is important, therefore, to comment briefly on what has happened to the II S. balance of payments in the past few years, specifically with reference to the impact of tyre 'Vietnam war. Perhaps the first point that should be made is that the official measures of the balance of payments deficit have been misleading. The view, for example, that the balance'of payments in 11)68 was satisfactory because there was a surplus of $1613 million and that the balance of payments in 1969 was vary unsatisfactory because the deficit ex- ceeded $7 billion is unacceptable. In fact, the greatest deterioration in the payments posi- tt on In recent years occurred in 1968. The difference between the two years may be ac- em sited for largely by massive flews of for- etgn funds in opppsite directions `which had very little to do with the basic balance of payments position. Tire best measure of what happened to the long run position is the balance on current acecunt, that Is goods and services plus pri- vate remittances and payments of U.S. Gov- errunent pensions. This balance declined f`>nr a surplus of $7.8 billion in 1964 to about $4 billion in 1967 and $1.4 billion in 1968 and less than $1 billion in 19,39. A good part of the progressive deteriora- tion in this position over the years since 1964, the year before the major acceleration of the Vietnam war, may be accounted for by the large increase in foreign exchange out- flows associated with military expenditures. These rose from less than $3 billion in 1964 to nearly $5 billion in 1969. This, however, is not the only measure of the impact of the wax and the subsequent lnfiation on the bal.- ance of payments. 'The more important im- pact and the one which is likely to have the most long lasting effects is on our competi- tive position in international and domestic Markets, reflected in the rapid rise in the rate of importing of goods and services. In 19841: merchandise exports exceeded merchan- dise imports by nearly b7 billion. By 1968 this excess of exports over imports had de- clined to less than half a billion dollars. With moderation in the rate of inflation and infla.- tion induced expenditures our trade balance may be expected to improve this year and in subsequent years. It is too early to tell, rrrowever, what per- wianent damage to our International corn- petitive position the recent period of infla- tion.; has induced. It generally takes several years, perhaps four or five, before the full effe,rts of excessive increases in price and costs show up in the competitive position and the effects are not confined to world markets cohere our products compete with that of other nations, but also in the United Biases where foreign products compete directly with U.S. products. So much for balance of payments consid- (rations. Let us return to the domestic scene. I do not think there is any doubt that 'the resources used towards the Vietnam war effort could have been put to work towards solving imperative problems facing this na- tion at home. In the five-year period prior to the Vietnam escalation, defense spending in the United States averaged $50 billion per year. If we assume that this level would have been maintained over the most recent five-year period in the absence of escalation, the increase in actual spending totaled $118 billion.. During the past four years, total spending for residential construction in the United States totaled only $112 billion. When we survey the very real needs in our economy In the areas of housing, urban transit, environmental pollution, etc., it is clearly evident that we do not need to create war-.related demand for resources in order to maintain full employment. Our problem now is one of establishing meaningful priori- ties to meet the quality of life demands of our citizenry. We obviously cannot do every- thing at once; we need to start strategic planning and action now if we hope to re- solve these demands. There is another point that at first blush might not appear to be an economic Issue. But It is in real fact a very basic one The war has divided, confused and bewildered Americans. Some Americans are strongly in favor of the continued prosecution of the war. Others are strongly opposed. But for many, the war and the issues surrounding the was are a source of confusion and be- wilderment. As a result of this confusion and bewilderment, many people are losing trust in the Institutions, public and private, through which we govern ourselves and run our economy. Such losms of trust is destruc- tive of. the cohesion necessary for an econ- omy's ability to function at maximum effec- tiveness. To the degree banks, industrial firms, corporations, state and local govern- ments, Federal Government agencies and universities are under attack or suspicion for their alleged part in the war in Vietnam, they lose some of their effectiveness as insti- tutions that can provide for the common good. In the case of Vietnam it is my belief that the sum total of such loss of effective- ness is very great indeed and, while un- rueasureable by any known economic indi- cator, this loss of effectiveness produces a very real drag on the economy. Gentlemen, I deeply regret that the frus- trations and misunderstandings arising from this conflict maize it necessary to testify that overall war Is not a stimulator of eco- nornic development nor is the war in Viet- nam good for U.S. business. I find it repug- nant, even if necessary to have to add that I would not support our role in the war In Vietnam even if It could somehow be made profitable for American firms. The thought that war would be initiated or sustained for a single day because it might stimulate the economy should be abhorrent to an decent human being. And yet there are those who say that American business is helping to do just that. We do know that aggressive war has been waged, all through history, to gain territory. Certainly that was war for economic gain. But even that kind of war, that purpose for war, has been so outmoded by the experi- ence of this century that I would like to be able to say to potential aggressors all over the world, "If you want to profit, if you want to own the world, don't dissipate your en- ergies in wasteful warfare-follow the ex- ample of Japan and Germany since World War II and be economically aggressive." War is, as we would say in business, a low yield operation. I think from all this it is obvious that Viet- nam is a negative influence on our economy. Let me conclude by restating my initial premise. The war in Vietnam distorts the American economy. It is a major contributor to inflation--our most crucial domestic economic problem. It draws off resources that could be put to work towards solving impera- live problems facing this nation at home. And despite the protestations of the new left to the contrary, the fact is that an end to the war would be good, not bad, for American business. ExIllsrr 2 [Prom the Washington Post, .Apr. 12, 1970] BUSINESS CAN'T IGNOs!3 'PROTESTS (By Hobart I"tor on) "Because the war (in Vietnam) distorts the economy and contributes substantially toward the inflation ... an end to the war in Vietnam would be goo'i, not bad, for American business." This statement by Loui ; B. Lundborg, head of the nation's biggest, bank, the Bank of America, articulates a theme that will be heard increasingly at annual meetings of major U.S. corporations this year. It will be pushed by an , ctivist minority who label themselves "Business Executives Move for Vietnam 'Peace." Soupled, at the same time, with an assault by consumer groups and students pushiri for everything from pollution control to so:cation of ghetto problems, the growing antiw, c' sentiment will make donnybrooks out of sort re corporate get- togethers. Business disaffection WiLts the war has been growing since President Johnson's mas- sive escalation of the fighting produced no victory on Vietnamese battlefields but infla- tion at horrre. Beginning some time in. early 1968, the corporate power structure that had been dazzled by LBJ In 1964 bean to lose con- fidence in him, and a new coolness in the business community probab;;y played a sub- tle role in the President's decision not to be a candidate in 1968. The prototype of the U..-' :. businessman, especially as seen by student rebels, is that of the greedy imperialist who feeds on war and arms production. That `.here is a muni- tions industry in this eosin ry that benefits from war cannot be denied. But it should also be clear -that the biggest profits, fo:r the overwhelming number of businessmen as well as consumers, lie in a long stretch of peaceful years when a highly developed capitalistic society,, attuned to so- cial needs, can reach peak, meaningful pro- duction and distribution of wealth. Lundborg's comment was i:a answer to the Business Executives' query for a statement on Bank of America's Involvement in Viet- nam. Lundborg replied that the bank had to leave to Washington officials the responsibil- ity for extricating the United States from the war. But then he emphasized the economic im- pact theme, one that will be taken up in a broad-scaled study to be launched soon by Sen. J. William Fulbright (D-Ark.). Ful- bright's Foreign Relations Committee will also probe the impact of the .van on the struc- ture of American society. "We feel it is completely proper and within our sphere of competence," Lundberg wrote A. R. Appleby of the antiwar business group, "to point out the economic consequences of the war. We have been doing this for at least three years. "The war distorts the Arm erican economy: it is a major contributor to inflation: it draws off resources that could be put to work toward solving imperative problems facing this nation at home." Is that radical or leftist; l'dnkiiig? If so, It makes a revolutionary out orr' none other than former chairman of the Federal Reserve Board, William McC. Martin Jr., who holds precisely the same view. The Business Executives Move for Viet- nam Peace carries no assc:e with "estab- lishment" clout. It is chai"ad by Henry E. Niles, chairman of the board of the Balti- more Life Insurance Co_ Ax-song its military sponsors is war critic Gen. David Shoup, re- tired Marine Corps Commandant. Roger Hileman, former State Department official and Edwin O. Reiachauer, former U.S. am- bassador to Japan, are among the diploma- tic sponsors. But what the group lackey in big names it makes up in drive and ene.-;gy, and protests Approved For Release 2001/08/07 : CIA-RDP72-00337R000300060011-8 Approved For Release 2001/08/07 : CIA-RDP72-00337R000300060011-8 56207 Apr_7; 1970 CONGRESSIONAL RECORD -SENATE in the role of stockholders at annual meet- ings will bring it more attention than ever before. With consumer groups employing the same tactic, many a corporate manage- ment will find its patience and good sense tested. Harold Willens, a small Los Angeles busi- nessman who has devoted almost full time the past few years to the B.E.M. group, says that "the iron curtain that used to separate the economy from society has melted. The question will no longer be how the com- pany profits and what its dividends were, but also how it did in sustaining life." The Securities and Exchange Commission gave this kind of corporate scrutiny a big boost forward when it instructed General Motors to include two Ralph Nader-spon- sored proposals in its proxy statement for the Max 2 annual meeting. There will be other confrontations before the GM test. The Cleveland meeting of American Telephone and Telegraph Co. on 'April 15 will be the target of a Student Mobilization Committee antiwar protest. But the use of proxies to contest company policies will get a better workout, apparently, at Minneapolis-Honeywell in Minneapolis and Gulf 011 in Pittsburgh on April 28; and commonwealth Edison in Chicago on April 27. The Nader team proposals for GM call for election of three public representatives on the board of directors, plus establishment of a shareholder committee "for corporate responsibility." This implies that there should be other motives than just profit in a company of GM's giant size. Response to the SEC determination has been dramatic. New York Mayor John Lindsay has told the city's pension funds to vote their GM shares in favor of the proposals; the University of Pennsylvania has announced it will vote all its shares pro- consumer; and a campaign is under way to get other universities that have substan- tial ownership of GM shares to do the same. It would seem hardly likely that the GM management, which opposes the proposals, can be beaten on these issues. But General Motors-as well as other major enterprises clearly have a new force to reckon with. These are not pesky gadflies engaged in a career of petty harassment of management. These are serious people who want to come away with something better than a headline and a box lunch. As such protests grow in strength, the corporate hierarchy will have to make accommodations. So long as the arguments are made peacefully and rationally, they represent a healthy develop- ment in the power of freely expressed pub- lic opinion-which is, after all, A source of strength and security , for this nation. If Big Business is really sophisticated, it will not turn a deaf ear to its stockholder- protestors. If it does, it will be a misreading of the shifting mood in the country, mak- ing things easier for the dialecticians of the WAIVER OF THE CALL OF THE about 80 per cent of the people. Behind this CALENDAR UNDER RULE VIII powerful demand for abolition of the elec- toral college are well-founded fears that a Mr. BAKER. Mr. President, at the re- fiasco resulting from the uncertainties of the quest of the distinguished majority present system could be disastrous. leader, I ask unanimous consent that, at In ordinary circumstances approval of a the conclusion of my remarks and at the constitutional amendment with so much steam behind it could almost be taken for conclusion of the remarks by the distill- granted. But Chairman Eastland of the Ju- guished junior Senator from Virginia diciary Committee is not only dragging his (Mr. SPONG) according to a previous order, the Senate waives the call of the calendar of unobjected-to bills under Rule VIII. The ACTING PRESIDENT pro tem- pore. Without objection, it is so ordered. LIMITATION ON STATEMENTS DUR- ING TRANSACTION OF ROUTINE MORNING BUSINESS Mr. BAKER. Mr. President, I ask unan- imous consent that statements during the transaction of routine morning business be limited to 3 minutes. The ACTING PRESIDENT pro tem- pore. Without objection, it is so ordered. feet; he is also throwing in the way of the amendment every obstacle he can get his hands on. All the strength that its sponsors can command will be needed to dislodge the amendment and send it to the floor with the momentum it needs for a third-thirds vote. We think the committee and the Senate should be very clear about what is at stake. The lame and discredited electoral college system for choice of the President is no long- er adequate to the needs of a great democracy. The Senate ought to remember how fright- ened the country was in November, 1968, by the possibility that George Wallace would deny the winning candidate an electoral- vote majority and then bargain for terms on which Richard Nixon or Hubert Humphrey could become President. That misfortune was narrowly avoided, and only our most reckless citizens would care to run the risk ORDER OF BUSINESS again. Even most of the critics of the direct-elee- The ACTING PRESIDENT pro tem- tion amendment ' want protection against pore. Under the previous order, the throwing the Presidency on the bargain Senator from Tennessee is recognized. counter. But some of them are willing to tolerate other critical weaknesses in the present system in order to avoid too sharp DIRECT ELECTION OF THE a break with the past. Professor Alexander PRESIDENT M. Bickel of Yale Law School, for example, sought to minimize the disadvantages of a Mr. BAKER. Mr. President, I am a modified electoral-vote system favored by Republican from a predominantly rural electing land Senator npopular vote ato Ervin. loser under and relatively small State. Among the of ofrancemnt, he said in his testimony the contentions being advanced today in op- other day, would involve only a "sensible position to the direct election by the peo- risk." It is a risk that the American peo- ple of their President are the arguments pie are loathe to take. They cannot be un- that direct election would be politically mindful of the fact that we have had sec- disadvantageous to the Republican Party and-choice Presidents three times:. in 1824, and detrimental to the interests of small 1876 and 1888. If this should happen again and rural States. - in these days of high sensitivity to the pop- I do not believe all of these points to be ular will and of unfathomable power in the valid. To the extent that they are true, I hands of the President, the result could be perilous to our democratic system. must reject them as, at best, secondary The time has come, moreover, for equaliza- to the more important considerations tion of the voting power of all the people. that are involved-specifically, that in In 1787, when the major problem was one of this country each man's vote for the holding the states together there was reason President should count for as much as to give the people in the small states extra that of the next and that the country standing in the electorial college, with one should no longer run the risk of a elector for each of their two senators as popular vote loser being elected to the well as one for each representative. But that Presidency. reason disappeared at least a century and proposed con- a half ago. Today there is no sense in multi- I am a cosponsor of the plying the vote power of citizens living in stitutional amendment introduced by the small states or of intensifying the power of distinguished junior Senator from Inds- the big-state voters under the unit rule. The is d th ay e ana (Mr. BAYH), and on October 14 I logical and democratic trend of had the opportunity to testify before the toward one-man-one-vote, and that can be Committee's Constitutional achieved only by direct voting for the candi- di i ary c Ju Amendments Subcommittee on this dates themselves. PRESIDENT Professor Bickel and a few ethers have question. Several points that I made at spread a great deal of gloom about the en- Messages in writing from the President that time were also made on April 21 in couragement of splinter parties If a direct- of the United States submitting nomina- an editorial that appeared in the Wash- elections amendment is approved. But Wil- tions were communicated to the Senate ington Post. I ask unanimous consent liam T. Gossett, chairman of the American by Mr. Geisler, one of his secretaries. that the text of this editorial be printed Bar Association's Special Committee on 1 t thi int the RECORD Electoral College Reform, has made an ef- o l f EXECUTIVE MESSAGES REFERRED As in executive session, the Acting President pro 'tempore (Mr. METCALF) laid before the Senate messages from the President of the United States submit- ting sundry nominations, which were re- ferred to the appropriate committees. (For nominations received today, see the end of Senate proceedings.) a s p U 111 festive reply. The strongest cement which There being no objection the editorial holds our two-party system together, he was ordered to be printed in the RECORD, said in effect, is the election of legislators as follows: and executives by plurality votes from single LET THE PEOPLE CHOOSE THE PRESIDENT member districts. The effect of the direct- The Senate Judiciary Committee is ad- election amendment would be to put presi- dressing itself this week to the most critical dential elections on the same basis, defect in our constitutional system of gov- In one respect, certainly, the two-party ernment. It must vote up or down a new system would be greatly strengthened. Direct electoral system that has already won ap- election of the President would mean a con- proval by 339 to 70 in the House and has test in every state. Minority parties in the the support-if the polls are accurate'-of one-party states would experience a sudden Approved For Release 2001/08/07 : CIA-RDP72-00337R000300060011-8 Approved For Release 2001/08/07 : CIA-RDP72-00337R000300060011-8 S 6208 CONGRESSIONAL RECORD - SENATE Aprri o,"? ifl'O burgeoning because the votes would go to this opportunity; anti what steps should the under consideration for integrity, tempera- the candidates .as cast Instead of having the Committee take in order to do so. ment and professional competence. The Com- minority always smothered by the unit rule For several months the Committee has been mittee then reports to the Attorney General giving all of each state's electoral votes to considering changes in its procedures. Some its evaluation that the prospective nominee the dominant party. The result should, be were adopted In connection with the report is either "not qualified" or that he Is "quali- genuine competition between the major par- on Judge Carswell; others, more important, fied," "well qualified" or "exceptionally well ties in every state. are still under consideration. I discuss them qualified." In order for at iominee to be found The Judiciary Committee has an obligation with no dogmatic view that these changes well qualified or exceptic sally well qualified, to bring out the best amendment it can are the best possible. Ifather, I hope that by the Committee must col nude that he is a design. If it should devise a better means extensive discussion cur Committee can elicit person which the Committee would have of determining the winner than the run.-off ideas and support which will enable the affirmatively recommended as one of the best provision, which would be used if no candi- American Bar Association and the legal pro- persons available for the vacancy to be tilled. date had at least 40 percent of the vote, the session to be as effective as possible in future In connection with t1e Supreme Court, chance for ultimate approval of the amend- Supreme Court selections, However, the Committee has never been ment mig$t be enhanced. But the commit- The problem of selecting Justices for the given an adequate period for investigation. tee should not indulge in the illusion that Supreme Court is fundamentally different From the administration of President Eisen- it can satisfy the current demand for re- from that of selecting judges for the federal hewer, who first utilized the services of the form by the adoption of a shoddy substitute district courts and courts of appeal. Unlike Committee in connection with the Supreme that would leave major defects in the present other courts whose roles are more limited, its Court nominations through President John- system virtually untouched. principal function Is the interpretation of son, the procedure had been usually to give There is astide an the fate of of constitutional our Federal Constitution, a document drawn the committee about twe? sty-four hours' no- paraphrase i broad generalities leaving to the Court tine of the prospective nomination and to will be permitted, that ought to be taken great freedom of Interpretation. The result is sunk the Committee to report as to the pro- n,t the flood no less tlrxn tides In the affairs that the political and ideological views of the fessional qualifications of the prospective of men. The time for a major electoral re- Justices may have a more profound effect nominee. At first the Committee attempted form has come. A little minority on the upon the decisions of the Court than their to use the same precise scale of evaluation Judiciary Committee should not be permitted professional capabilities. In the other federal that it did in the lower courts notwith- to stand In the way or to strip this essential courts this is less true. Not having the last standing the abbreviated period of investi- reform of the popular appeal which can lead word as to the meaning of the Constitution, gation. This practice was dropped in connec- i,o its enactment. they must work within the views of the tion with the nomination_ of Justice Gold- Supreme Court. Also, much of their work berg. From that time through the nomina- Mr. BAKER. Mr. President, oil April deals with the interpo etation of statutes slid 1.0, Mr. Lawrence F. Walsh, chairman precedents much mote narrowly drawn and tion vie Jimpl Haighly acceptable the Committee of the American Bar Association Coln- precisely phrased than the federal Constitu- point of view w of profess nal qu i from the prteal ftr irilttee on the Federal Judiciary, ftd- t.ion. So as to these courts professional Can- President Nixon ixdeparted from rom the he prac- dressed the Vanderbilt University Law stitution. So as to these courts professional tice of his predecessors and decided not to Day ceremony on therole of the orga- q ualifications-the ability to originate, re- consult our Committee to advance of the a cencile ts- ni2ed bar in the selection of Justices of much more sy i nthesize la twye the polpt ca-vire Supreme Court nomination. Consequently. the Supreme Court. ideological background of the judge. our Co Bnvn w learned nomiwellonl As we. all know, the role of the ABA Beyond its national importance and its Judge Iey'hadbee and Judge Carswell only in this area has been a topic of consid- importance to the President, the Senate and qafter that had been ndert announced. the arable discussion in recent days. Mr. the political farces from which they each request of was ui dent corn not at tee Walsh's very excellent statement Sets draw their support, the struggle for control request of the President or the Attorney forth the procedure followed by the coin- of the Court Is of deep-felt importance to Chairman but the solely Senate the request of the those groups whose rights are most imme- Ju In Committee on the routes on both lower court and Supreme diatel dependent u Judiciary. In connection with its report on y pen its decisions for en- Court nominations. He recites in SOIn@ iorcement, Judge Haynsworth, .It would Committee had con detail the Activities of the committee on particularly those groups con- eluded dratat-1t would in the future change e cerned with racial equality who found that its form of evaluation. In connection with the nomination of Judge Carswell. Fi- t'ie Court was their most dependable, and the nomination of Judge Carswell, the form nally, he discusses various possibilities :ii; times their only dependable, forum. It is e of for reform of existing procedures. al:,o profoundly important to those whose ifled" evao was changed to a more extensive Since this is a topic of much im Or- tay of life is being changed most drastically letter or ' was evaluation extensive "not t submitted qualified" to and a more t n tance, I ask unanimous consent that the as a result of present Court interest. In addi- mittee disclaiming any ins investigation of po text of Mr. V6 - ralsh S remarks be printed in non there has usually been an accepted po- Iltical al or ideological fa ct, and expressly sty .rs an full at this point in the RECORD. .cal effort to have a Court representative limiting our evaluation to orofessional qual- of the differing geographical regions of the ifications---integrity, temp, *rarnent, and pro- There being no objection the remarks United States. There is at present no repre- fesstonal competence. Thus our committee were ordered to be printed in tiie. RECORD, seritative of one southern circuit and the as follows wrote: SrLECTION OF JUSTICES OP THE SUPREME garding Judge Carswell: was therefore exacer- yieuie uorrrt, the Uomnlltee has tradition- COURT bailed because, ire addition to the usual po- ally limited its investigation to the opinions It has been over fifty years since it Supreme litical factors, it aligned in direct opposition judges a crass- the best informed Court appointment bmugh.t forth as much to each other the proponents and opponents and lawyers wyers as s to 'rofesi professional n- of government enforced desegregatioand Its petence Of the the ment and 1i Gems emotion and concern as the recent nominal petence nomineee e. It has tion of Judge Carswell. central controversy concerned this most ex- always recognized that the selection of a Like it or not, the American Bar Asso- plosive national domestic issue. member of the Supreme Co t elation's Committee on the Federal judiciary, Caught in the vortex of these t involves man- y, politcs~l other factors of n broad political and ideo- as. One of the agencies of the profession which forces, the concern of the legal profession for logical nature within the discretion of the has a recognized role fir i,he process of selea- the competence of the judiciary was perhaps President and the Senate but beyond the Lion of Supreme Court lustices, has neces- less a force in itself than a target for the special competence of this Committee. Ac- rarily been involved. political groups gripped in a tight political cordingly, the opinion of this Committee is The Committee is expected to report to contest. Nevertheless our Committee at- limited to the areas of its investigation." the Senate and, if given an opportunity, to tempted to function as it does in. less contra- The Committee had previously investigated the president regarding the professional versial cases without permitting itself to be Judge Carswell in connection with his ap- qualifications of potential nominees. It at- used by either side of the political centre- pointmentc to the District. Court and the tempts to avoid political and ideological con- ver"'y' Fifth Circuit Court of Appeals- In each case trover'sies and to limit its evaluation to the One of the Committee's difficulties was, he had been found 'well qualified" for the naminees's professional qualiflcltions-his however, that its procedures as to Supreme post to 'which he was being advanced. integrity, his temperament, and his profes- Court nominations have never been as satin- Nevertheless the Committee made an exten- tonal competence. It has been criticized by factory as they are with respect to the other sive further investigation In connection with opponents of the last two Supreme Court federal courts. As to the federal courts other his nomination for the Supreme Court. Thir- nominees for not applying :higher standards than the Supreme Court, the Attorney Gen- teen circuit judges of the Fifth Circuit Court to professional qualification. In fact, its eral requests an investigation of the prospec-. of Appeals were interviewed, as were a nurn- sts.ndards have not changed. from those ap- tive nominee before any announcement of a ber of district judges sitting in the State of plied in the past. The important question is, nomination is made. Our Committee usually Florida. None of these judges expressed however, has change in the public and pa- has an adequate period of time to complete doubts as to Judge Carswell's integrity. tern- litical view of the Supreme Court offered an its investigation, which consists of inter- perament or competence, Most - were en- opportunlty to improve these standards-has viewing a substantial number of judges and thusiastically in favor of his appointment. the Committee failed to take advantage of lawyers as to, the reputation of the person The only outspoken opponent expressed his Approved For Release 2001/08/07 : CIA-RDP72-00337R000300060011-8 Approved For Release 2001/08/07 : CIA-RDP72-00337R000300060011-8 March 26, 1970 CONGRESSIONAL RECORD -SENATE They should be fired if they do not live up to their part of the bargain. Americans with the skills and motiva- tions to give this kind of help, to under- take new voyages of technological dis- covery, exist in many different kinds of organizations in the United States. They can be found in universities, in private corporations, and in a host of private associations, religious and secu- lar It may be that they should not be brought into the Government because government may not provide a suitable career for them. The Government's primary task in for- eign aid should be to receive requests from others and refer them to likely con- tractors in the private sector and to help with the negotiation of suitable contracts. . The Government should not be in the business of implementing this kind of foreign aid. I can imagine an institution to imple- ment foreign aid that is wholly outside government, directed and supported by one or more foundations on an unselfish basis. Such an institution could be financed by both public and private contributions in the measure that its services were re- quested, and its contracts proved useful. I believe Congress would support gen- erously such an institution as an alter- native to the progressive bureaucratiza- tion of foreign aid. Such an institution is needed to en- courage a new generation of Americans who are willing and able to work In the hot climates of the world where so many of the world's impoverished millions live. Such an institution could play a part in encouraging private investment. I can see no need for a new develop- ment bank as recommended by the Peter- son task force on international develop- ment. We have a sufficient number, of inter- national and regional develoment fi- nance agencies now. Insofar as their performance warrants it, we should continue to support these agencies. But let us not forget that capital -dressed up as foreign. aid is simply a subsidy to the exporters in the rich countries. We offer through the Export-Import Bank bertain financial facilities for American exporters. Perhaps they should be liberalized somewhat to accommodate some of the development lending now done by AID. But when it comes to providing others with capital to buy things in the United States, that business should be conducted on a businesslike basis. Borrowers come to a bank, like the Export-Import Bank, because they want to buy something in the United States. That is purpose enough, and we do not have to dress that business up as de- velopment aid. Here we run into that old foreign aid numbers game again. We are told that capital, subsidized capital from the rich countries, is the first need of poor countries today. We are not told that, subsidies to ex- porters in the rich countries are needed, or are what so many exporters desire. This seems to me to be a dangerous game, pretty much like a con game in which only the dealer can win. To falsify the real price of capital in a poor country is not progress or devel- opment. It is simply inhumane treatment. It could mean sentencing millions to misery if the capital thus provided de- prived more people of a livelihood than it employed by exhausting their re- sources and limiting their income. After all, poor countries have in the main one natural advantage om- petition among nation d that is potentially vast poo labor. If foreign aid oes not build on that advantage, it eannot be called humane. We need,& new American purpose in foreign od because we are an activist people d because real inequalities in welfar among societies today affront our se a of Justice. But 'ustices cannot be expressed in terms of ross national product, nor can they be ov come by falsifying the func- cant buy us out of w is a historical predicament that promise be with us for generations. The real opportunity of the rich to see their own economies in global do1Tfts? terms. new pu They must create more and more room conscience ON in the world market for the production gratification t not from the poorer countries but from the most prosperous nations. I said I was in favor of divorcing the saints and the sinners of foreign aid in order to reduce the temptation that the present marriage provides for all those who want to play at intervention. But obviously it is not always easy to tell the saints from the sinners in this business. To search for a new purpose is much more difficult than the proponents of foreign aid would have us believe. Perhaps if we abandon the numbers game, perhaps if we stop talking about vague concepts like development and start concentrating on the real possibili- ties of making technology the servant of the very poor who crowd the hot climates of the world, perhaps if the rich coun- tries really begin to see their economies in global terms-perhaps only then will a new purpose emerge. All of us are hoping that the Presi- dent will give us a new direction, for not to do so would be to admit to a failure on our part. Foregin policy must appeal to some- thing more than very narrow notions of national interest if it is to enjoy sus- tianed public support in this country. Foreign aid used to suggest such a dimension. At the same time a nation that can of the poorer countries simply to insure Foreign aid is' expanding opportunities for themselves. our conscience f expanding the purchasing power of the To sum up my re arks on foreign aid people of the less affluent nations. programs, I have This is particularly important now tions to make: that we live in a state of more or less First. Do not us aid as an excuse for permanent inflation because there is so intervention in a affairs of smaller, much to do here at home. poorer countri Without more and more sources of Second. Sto using the gross national production in the world markets, with- product as yardstick for comparing out the discipline of international com- rich and petition, costs and prices in the rich Thi Y: countries will become even more ab- b surdly unrelated to real human welfare than they are now. beliefs o When a haircut comes to cost in countrie Washington or Paris or Tokyo, it is not Fourth going to be forty times better than a of our a haircut that still costs a quarter in years ha Bombay. richer a There is so much hypocrisy in the rich couraged countries' attitude toward foreign aid. In the To subsidize exports in the name of pose, per foreign aid, while at the same time bar- the book ring imports from the very countries to America which the aid is flowing, is not a new the work purpose-it is a very old hypocrisy. such sup ance war If the rich countries really care about the plights of the poor, they will accept Mr. M President Nixon's challenge to institute the Sena a system of global trade preferences de- Mr. AI signed to assure poor countries the right Mr. M to compete in the world market with receive a their new production. before h We should also try to enter into agree- much de ments so that the rich countries do not I do ap use poorer countries as pawns in the in- stresses, ternational trade wars. places u After all, the most serious anti dam- rather t aging effect on our own economy comes assistanc r countries; n the needy people of poorer s; . Recognize the fact that much id programs over the past 10 ve simply made rich countries nd poorer countries more dis- . absence of a new American pur- haps it would be better to close s on the past two decades of n foreign aid programs and leave to international agencies with port from us as their perform- rants. ANSFIELD. Mr. tor yield? KEN. I yield. ANSFIELD. I was delighted to copy of the Senator's speech e gave it. I have not given it as tailed study as I would like, but preciate the accent which he the emphasis which the Senator pon people-to-people assistance han government-to-government e. The latter, I think, by and Approved For Release 2001/08/07 : CIA-RDP72-00337R000300060011-8 xT-;r S 4516' Approved For Release 2001/08/07 : CIA-RDP72-00337R000300060011-8 CONGRESSIONAL RECORD- SENATE Mar?,?h 26, 1970 large, has been in all too many instances a, complete failure. The summing up of -recommendations which the distinguished Senator would make for carrying out the foreign aid program meets with my approval. I think he has exposed some methods which have surrounded this program for too long. This idea of using the gross national product as a measure of what it means or does not mean-anyone can twist that as he sees fit. The suggestion that there should be more internation- alization, certainly, I think is worth a great deal; and most important, the Sen- ator's No. 1 recommendation, "Do not use aid as an excuse for intervention in the affairs of smaller, poorer, countries," I believe is most sound. I commend the distinguished Senator. Mr. AIKEN. Mr. President, I appre- ciate the remarks of our majority lead- er, and would tell him that I would have given him an advance copy of these re- marks sooner, except that they were finished only about a half hour before I started delivering them,. Mr. MANSFIELD. May I say that in that respect the distinguished Senator reminds me many times of Adlai Steven- son, who was never able to get his talks down on paper until just before he started to speak. But I am delighted to to have this copy. Mr. AIKEN. Sometimes all of us slow clown and have to be pushed up against a deadline before we can get to work. But I particularly wanted to point out the travesty of using the gross national product in comparing the welfare of peo- ple in poor countries with the welfare of people in rich countries. The gross national product is all right as a means of comparing ourselves with Japan or Western Europe; but when it comes to comparing our situation, our welfare, with that' of people who live in some of the very poor tropical coun- tries, the use of GNP for this purpose is simply a farce. ORDER OF BUSINESS The PRESIDING OFFICER. Under the previous order, the Senator from Maine (Mr. MUSKIE) I$ recognized for 10 minutes. ERA OF NEGOTIATION?-PART I Mr. MUSKIE. Mr. President, this morning, representatives of the United States, Saigon, Hanoi, and the Vietcong met for the 60th session of the Paris Vietnam peace talks. Nothing was ac- complished, just as nothing has been ac- complished on the negotiating front at any of the other Paris sessions since Ambassador Henry Cabot Lodge resigned his post, 126 days ago. While the charade of talks goes on, the war continues in Vietnam and threatens to spread in other parts of Southeast Asia. Laos is a battleground and Cam- bodia is in turmoil. We teeter on the edge of a wider war without a semblance of an effort to negotiate a peace settlement in that troubled part of the world. A negotiated settlement is the only answer that makes sense in Southeast Asia, for those who live there and for the United States. A military solution is not viable for Vietnam, and it cannot bring peace in other countries of that region. Unfortunately, Mr. President, the ad- ministration does not seem to be com- mitted to a negotiated settlement. While it pursues the goal of false optimism with Vietnamization, the war goes on, cas- ualties are up, and the dangers to world peace escalate. We are now told that the most the administration is planning, and the best it can achieve under Vietnami- zation is to have 225,000 troops left in Vietnam at the end of 1971-21 months from now. This is a matter of grave concern to me and to other Members of the Senate. it is a matter which cannot be brushed aside by vague assurances and an atti- tude of wait and see I believe the time has come for the ad- ministration to turn its attention to a genuine effort toward a negotiated set- tlement, or to tell the American people why they have written off negotiations as the best way to end the fighting and the killing in Vietnam. For these reasons, Mr. President, I intend to raise the ques- tion about a negotiated end to the war in Vietnam each week in the Senate, un- til a successor to Mr. Lodge has been named and until some meaningful steps have been taken toward a settlement in Paris. INCREASING DOUBTS Each week more questions are being raised about the wisdom of the admin- istration's policies and the directions in which they are leading us. A common thread unites the critics. The tragic con- flict in Vietnam will know no satisfactory conclusion other than by negotiation. As Gen. Matthew B. Ridgeway wrote in the New York Times, March 14, 1970: Many continue to argue that a military solution, or'victiry', in Vietnam has all along been within our reach, that nothing less would serve our interests, I believe such a solution is not now and never has been pos- sible under conditions consistent with our interests.... A negotiated settlement, which I think we would all prefer, and which I believe we must ultimately reach, will be unattainable unless we retain the initiative and face up to these problems now. Regardless of how much this may tax the wisdom and determination of our Govern- ment and the '-Patience of our people, our decision is, I believe, the prudent one, and we should channel Its execution into the mainstream of our long-range national interests. Arthur M. Cox, in an article in the "Outlook"' section of the March 22, 1970, Washington Post, noted the inconsist- ency in President Nixon's policies, when he wrote: The President says Vietnamization is a plan "which will bring the war to an end regard- less of what happens on the negotiating front." That is an impossibility which has been allowed to go unchallenged. The war will end only when one side wins a military victory or when a settlement has been nego- tiated. Since Vietnamization rules out serious negotiation, the only conceivable other as- sumption must be that the President is counting on the South Vietnamese to win their own war. Commenting on recent events in Laos and Cambodia, the St. Louis Post-Dis- patch of March 22, 1970, noted in an editorial: The coup in Cambodia and Communist military success in Laos re-emphsize what has been clear ever since the Geneva Con- ference of 1954-that peace in the whole Indochina peninsula depends on making peace in Vietnam. If the Nixon administration had the wit to recognize this, it would forget about Viet- namizing the war and set about negotiating a Vietnam settlement, which in turn would make possible peace in both Cambodia and Laos. Unfortunately and tragically, the ad- ministration appears to be bent on moving in precisely the opposite direo lion-toward ex- pansion of the war in Laos and Cambodia as a means of supporting the policy of Vietnam- ization. If this is an accurate estimate of its course, then the Nation is being condemned to more and more years of war in Asia after being solemnly promised an end to it, CONFRONTATIONS VERSUS NEGOTIATIONS Fourteen months ago, President Nixon declared in his inaugural address that the United States would, under his ad- ministration, forsake "the era of con- frontation" for "an era of negotiation" in international relations. His intentions were applauded. On our most vexing international rela- tions problem, ending the Vietnam war, the longest war in our history, the Pres- ident said later that his administration was "proceeding in our pursuit for peace on two fronts-a peace settlement through negotiations, or if that fails, ending the war through Vietnamization." How do those words square with the administration's failure to name a high- level replacement for Ambassador Lodge as our chief negotiator at. the Paris Viet- nam peace talks for more than 4 months of the 14 months of the new Nixon "era of negotiation"? Mr. President, the administration's declarations on trying to ,end the war in Vietnam through negotiations are in conflict with its record of performance. Let me focus today on just one aspect of the problem-the impact of the 4- month vacancy in the office of the top U.S. negotiator in Paris. Our interim representative in Paris, Philip Habib, is an able career Foreign Service officer. He probably knows as much or more about Vietnam than any public servant now working for the Gov- ernment. But he has not had prior ambassadorial rank. He is not a con- fidant of the President. He does not have the prestige needed to deal with the Com- munists, to explore proposals they may make, or to take initiatives on our behalf. He is at a hopeless disadvantage in his assignment. Mr. Habib was the No. 3 man on the U.S. delegation, first under Ambassadors Harriman and Vance, and then under Ambassadors Lodge and Walsh. The North Vietnamese and Vietcong dele- gates have made it clear. time and again, that their top people will not engage in major discussions with representatives from our side who in their view, lack top credentials. They made this clear in the past as well as in the present. When Averell Har- riman was not present, his able deputy, Cyrus Vance, was never able to meet with their top man. I believe the same Approved For Release 2001/08/07 : CIA-RDP72-00337R000300060011-8 4 Approved For Release 2001/08/07 :CIA-RDP72-00337R000300060011-8 March 26, 1970 CONGRESSIONAL RECORD - SENATE situation prevailed during Ambassador Has the administration written off ne- Lodge's tenure. Since Ambassador Lodge gotiations? If not, what are its precon- resigned, the Communists have not once ditions for resuming meaningful nego- sent their chief negotiators to the talks, tiations? Is it, in effect, asking North and they have told us publicly and pri- Vietnam to surrender? vately that they will not engage in serious Is the administration playing a game talks with Mr. Habib. where the next move can be made only This may seem a mere matter of pro- by the other side? tocol to some, but I believe it amounts to Have we given up the initiative toward shortchanging the negotiations on the peace to the other side? part of the Nixon administration. Ob- I raise these questions, Mr. President, viously, North Vietnam, a country of because they must be answered if we are fewer than 20 million people, is going to to know what the administration's real be acutely conscious of such matters in intentions are with respect to Vietnam dealing with the United States, one of the and the rest of Southeast Asia. We have world's two superpowers, with more than been told that the administration has 10 times its population. a plan for peace in Vietnam, but the This is, moreover, an unfortunate and hard questions remain. foolish time to be disadvantaged by the I believe the American people have a level of our representation in Paris. Le right to get some answers to those ques- Due Tho, a member of Hanoi's politburo tions, and I intend to raise them each and acknowledged as one of the top 10 in week until they are answered. the North Vietnamese power structure, Mr. GRIFFIN. Mr. President, will the returned to Paris recently after an ab- Senator yield for a moment? sence of many months. But we have been Mr. MUSKIE. I yield. unable to engage in any discussions with Mr. GRIFFIN. Mr. President, I listen- him because he will not do business with ed with interest to the statement of the anyone Hanoi considers of lesser rank. distinguished Senator from Maine. I am This imbalance is accentuated by the sure he does not intend to leave the im- representatives of the two South Viet- pression or suggestion that the North namese parties. The Vietcong represent- Vietnamese have been negotiating or ative, Madame Binh, holds the rank of seeking to negotiate in good faith in "foreign minister of the provisional revo- Paris; or does he believe that is the lutionary government." Since General case? Ky left Paris early last year, the Govern- Mr. MUSKIE. I understand the ques- ment of South Vietnam has been repre- tions I have asked leave impressions. sented by Ambassador Lam, who now The questions were very carefully asked. frequently fails to appear and sends a These impressions would not exist if deputy to the weekly meetings. Appar- we were to get tangible reassurance from ently he wants to strike a pose of equal- the administration that it considers the ity with the second-rank representation negotiations, though difficult, important of the Communists, to our national interest. This is 'a problem we have caused by The PRESIDING OFFICER. The time our failure to replace Ambassador Lodge of the Senator has expired. with a representative of equal rank. Even Mr. MUSKIE. Mr. President, I ask when Lam has been present at the ses- unanimous consent that I may proceed sions, he has been a negotiator of limited for 2 additional minutes so that I may means, who has to obtain authority for respond to the Senator from Michigan. virtually every move, no matter how The PRESIDING OFFICER. Without minor, from his superiors in Saigon. objection, it is so ordered. QUESTIOIIS NEEDING ANSWERS Mr. MUSKIE. We have learned from Mr. President, what is the administra- our experience of over a quarter of a tion trying to convey by this unfortunate century that negotiating with the Com- diplomatic-protocol gap in Paris? munists can be a time-consuming, drawn Is it so pleased with the progress and out, and frustrating experience, we future of Vietnamization that it feels learned that during the negotiations fol- that the whole conflict can be settled to lowing Korea; we learned that from Our our satisfaction by force? Or does it feel experience in Berlin. that the reduced but still enormous U.S. The question is whether or not, not- troop presence in the south is inadequate withstanding these difficulties and frus- to let us speak effectively to Hanoi or trations, we regard this process, however Saigon, to get them to resolve tl`reir dif- difficult, as significant and important to ferences bey negotiation? our interests. What has the administration done to The question raised by the Senator's get Saigon to send to Paris a represen?? question is whether or not the adminis- tative both able and willing to negotiate? tration-which he is in a better position to represent than How does the administartion propose I-has decided that the next initiative in Paris will be taken to deal with the related instability and only by the other side and not by us. conflict in Laos and Cambodia? Mr. GRIFFIN. Mr. President, will the Is the administration so certain, in Senator yield further for a brief obser- the face of some contrary evidence, that vation? Hanoi's position in Paris is one of total Mr. MUSKIE. Yes. intransigence'?' tveri If the administra- Mr. GRIFFIN. Of course, I cannot let tion is so convinced, does this mean it the record stand without noting that for has no obligation to probe and to try? many months the distinguished and very Does it believe the tough bargaining nee- able former ambassador to the United essary to achieve a negotiated end to Nations, Mr. Lodge, represented us in the war is not worth the time of a top- Paris; that every effort was made and level appointment as our chief negotia- has been made throughout many long, tor in Paris? long months of negotiating to reach some S 4597 kind of agreement with the Communists at the negotiation table in Paris; and I also would dispute any suggestion that his successor who now represents the United States in Paris is not most able, most capable, most distinguished, and most qualified to represent this Nation at Paris. Further, I wish to remind the Senator and note for the RECORD that the United States at all times has been willing and eager to consider any good-faith offer or serious suggestion which the North Viet- namese might put forth at any time. That has been true, it continues to be true, and it will continue to be true. I thank the Senator for yielding. Mr. MUSKIE. Whatever any of us say on this subject leaves impressions. The impressions I get from the Senator's comments are: First, because of the frus- trations Ambassador Lodge faced prior to his resignation, we decided not to seri- ously pursue negotiations in Paris, and second, as a result of that experience, if any initiative is taken in Paris, it will have to be taken by the other side. I hope those impressions are erroneous. I raised questions in my prepared remarks which, if answered, would correct those impres- sions. TRANSACTION OF ROUTINE MORNING BUSINESS The PRESIDING OFFICER. Under the order of yesterday, the Senate will now proceed to the consideration of routine morning business, with statements lim- ited to 3 minutes. The Chair recognizes the Senator from Vermont. COMMUNICATIONS FROM EXECU- TIVE DEPARTMENTS, ETC. The ACTING PRESIDENT pro tem- pore (Mr. SPONG) laid before the Senate the following letters, which were referred as indicated: PROPOSED APPROPRIATIONS To CARRY OUT THE PROVISIONS OF THE FLAMMABLE FABRICS ACT A letter from the Secretary of Commerce, transmitting a draft of proposed legislation to authorize appropriations for fiscal years 1971, 1972, and succeeding fiscal years to carry out the Flarpmable Fabrics Act, as amended (with accompanying papers) ; to the Committee on Commerce. REPORT ON THE NATIONAL ESTUARY STUDY A letter from the Secretary of the Interior, transmitting, pursuant to law, volumes 2 through 7 of a report on the national estuary study (with accompanying documents); to the Committee on Commerce. PROPOSED LEGISLATION AUTHORIZING THE DIS- TRICT OF COLUMBIA COUNCIL To FIX RATES CHARGED FOR WATER, WATER SERVICE AND SANITARY SEWER SERVICES A letter from the Assistant to the Com- missioners transmitting a draft of proposed legislation to authorize the District of Co- lumbia Council to fix the rates charged by the District of Columbia for water and water services and for sanitary sewer services (with an accompanying paper); to the Committee on the District of Columbia. PROPOSED LEGISLATION To LOWER THE MANDA- TORY RETIREMENT AGE FOR FOREIGN SERVICE OFFICERS WHO ARE CAREER MINISTERS A letter from the Secretary of State, trans- mitting a draft of proposed legislation to amend the Foreign Service Act of 1946, as Approved For Release 2001/08/07 : CIA-RDP72-00337R000300060011-8 S 4598 Approved For Release 2001/08/07 : CIA-RDP72-00337R000300060011-8 -? CONGRESSIONAL RECORD - - SENATE March 10,'1970 amended, to lower the mandatory retirement age of Foreign Service officers who are career ministers (with accompanying papers); to the Committee on Foreign Relations. REPORT or THE COMPTROLLER GENERAL A letter from the Comptroller General of the United States, transmitting, pursuant to law, a report on U.S. Imports of watch move- ments duty free from Virgin Islands which benefit the islands' economy, Department of the Treasury, Commerce, and the Interior (with an accompanying report); to the Com- mittee on Government Operations. .PROPOSED LEGISLATION CONCERs,'ING ILLEGAL USE, TRANSPORTATION, OR POSSESSION OF EXPLOSIVES I A letter from the Attorney General of the United States, transmitting a draft of pro- posed legislation to amend section 837 of Title 18-United States Code, to strengthen the laws concerning illegal use, transporta- tion, or ppossession of explosives and the penalties vcth respect thereto, and for other purposes (with accompanying papers) ; to the Committee on the Judiciary. PETITION The ACTING PRESIDENT pro tom- pore (Mr. SPoNG) laid before the Senate a concurrent resolution of the Legisla- ture of the State of Hawaii, which was referred to the Committee on the Ju- diciary, as follows: HOUSE CONCURRENT RESOLUTION 14 Requesting congressional action on the re- peal of the Emergency Detention Act of 1950 Whereas, Title IT of the Internal Security Act of 1950, otherwise known as the Emer- gency Detention Act of 1950, provides that upon declaration by the President of the United States of a state of "internal security emergency," the President through the United States Attorney General, may appre- hend and by order detain any person as to whom there is reasonable ground to believe that such person probably'will engage in, or probably will conspire with others to engage in, acts of sabotage or espionage; and Whereas, Title IT does not provide for a trial by jury or even before a judge, nor does it provide appeal to the courts, such civil rights and liberties being guaranteed under the United States Constitution, substituting instead the judgment of the Preliminary Hearing Officer appointed by the Attorney General and a Detention Review Board com- posed of members appoiin.ted do facto and paid by the Attorney General, the very cdfi- cial who initiates the proceedings for the apprehension and detention of the suspect; and Whereas, this country has already experi- enced the tragic and regrettable consequences of the unnecessary and unwarranted intern- ment of over 100,000 Americans of Japanese ancestry in detention camps during World War IT without due process of law; and Whereas, the Emergency Detention Act of 1950 was the product of another era when cold war tensions were at a fever pitch and when Communist subversion was the great national fear, however, in the last two dec- ades our soclo-political climate has changed greatly and other more meaningful, just, and effective laws and procedures to safe- guard internal security could be used; and Whereas, it is now imperative to eliminate a meaningless provision that has been used to generate equally meaningless fears among minority groups, and to remove the specter of concentration camps which remains In America as long as such a provision remains law; and Whereas, approximately nine bills have been introduced in the 91st Congress thus far calling for the repeal of Title IT of the Internal Security Act of 1950 largely through the combined efforts of Senator Daniel K. Inouye and Representative Spark M. Mat- sunaga and which have been co-sponsored by an unprecedented one-fourth of the mem- bership of the Congress; now, therefore, Be it resolved by the House of Representa- tives of the Fifth Legislature of the State of Hawaii, Regular Session of 1970, the Senate concurring, that the President of the United States, the Vice-President of the United States, the Speaker of the United States House of Representatives, United States Sen- ator Hiram L. Fong, United States Senator Daniel K. Inouye, United States Representa- tive Spark M. Matsunaga, United States Rep- resentative Patsy T. Mink, and the chairmen of the respec sional committees considers ose bills ca for the repeal of Tit II of the Internal urity Act of 1950 e, and hereby are, requ ed to take w ever action is necessary, including the h ding of and participation at public hear- s gs on the subject, to ensure the repeal of Be it further resolved that duly certified (copies of this Concurrent Resolution be S tes House of Representatives; to each m ber of Hawaii's delegation to the United Sta Congress; and to the chairmen of the reap tive congressional committees which will or presently are considering those bills ca ng for the repeal of Title II of the Internal ecurity Act of 1950. ENROV,LED BILL SIGNED The ACTI PRESIDENT pro tem- pore (Mr. SPoiw) announced that on today, March 26, 1 70, he signed the en- rolled bill (S. 2593 to amend the Im- migration and Natio lity Act to facili tate the entry of certa nonimmigrants into the United Statek and for other purposes, which had eviously been signed by the Speaker o the House of Representatives, REPORT OF A COM4ITTEE The following report of committee was submitted: H.R. 14705. An act to ex d and improve the Federal-State unem yment program (Rcpt. No. 91-752). BIIjI.Et' IId7RODUCED Bills were introduced, read the first time and, by unanimous consent, the second time, and referred as follows: By Mr. FONG: S. 3642. A bill to provide for the addition of certain property to Hawaii Volcanoes Na- tional Park in the State of Hawaii, and for other purposes; to the Committee on Interior and Insular Affairs. (The remarks of Mr. FONG when he Intro- duced the bill appear later In the RECORD under the appropriate heading.) By Mr. SCOTT (for himself, Mr. BROOKE, Mr. ALLOTT, Mr. BIBLE, Mr. BURDICK, Mr. CAME, Mr. COOPER, Mr. DODD, Mr. DOLE, Mr. GOODELL, Mr. GRAVEL, Mr. HAaacs, Mr. HARTKE, Mr. KENNEDY, Mr. MCINTYRE, Mr. MUS- KIE, Mr. PACKWOOD, Mr. PELL, Mr, PERCY, Mr. RANDOLPH, Mr. SAIBE, Mr. SCHWEIKER, Mr. TYDINGS, Mr. WILLIAMS of New Jersey, and Mr. NELSON): S. 3643. A bill to provide for the issuance of a gold medal to the widow of the Rev- erend Dr. Martin Luther King, Jr., and the furnishing of duplicate Medals in bronze to the Martin Luther King, Jr. Memorial Fund at Morehouse College and the Martin Luther King, Jr. Memorial Center at Atlanta, Ga.; to the Committee on Banking and Currency. (The remarks of Mr. SCOTT when he intro- duced the bill appear earlier in the REcoao under the approprite heading.) By Mr. SMITH of Illinois: S. 8644. A bill to amend. the Federal Avia- tion Act of 1958 in order to authorize free or reduced rate transportation for blind persons and persons in attendance, when the blind person is traveling with such an attendant; and S. 3645. A bill to authorize appropriations to be used for the elimination of certain rail-highway grade crossings in the State of Illinois; to the Committee on Commerce. (The remarks of Mr. SMITH when he intro- duced the bills appear later in the RECORD, under the appropriate heading.) By Mr. MCINTYRE: S. 3646. A bill for the relief of Bernardino Rossetti; to the Committee on the Judiciary. By Mr. TYDINGS (by requost) : S. 3647. A bill to authorize the Commis- sioner of the District of Columbia to lease airspace above and below freeway rights-of- way within the District of Columbia, and for other purposes; S. 3648. A bill to provide improvements in the administration of health services in the District Of Columbia, and for other purposes; and S. 3849. A bill relating to the rental of space for the accommodation of District of Columbia agencies and activities, and for other purposes; to the Committee on the District of Columbia. By Mr. HRUSKA: S. 3650. A bill to amend section 837 of title 18, United States Code, to strengthen the laws concerning illegal use, transportation, or possession of explosives and the penalties with respect thereto, and for other purposes; to the Committee on the Judiciary. (The remarks of Mr. HRL,siA when he In- troduced the bill appear latter in the RECORD under the appropriate heading.) By Mr. NELSON: S. 3651. A bill to amend section 510(h) of the Federal Food, Drug, and Cosmetic Act so as to require inspection thereunder at least once every 6 months of factories, ware- houses, and establishments in which food, drugs, devices, and cosmetics are manufac- tured, processed, packed, or held; and S. 3652. A bill to amend the Federal Food, Drug, and Cosmetic Act, as amended, to re- quire that the label of drug containers, as dispensed to the patient, boar the established name of the drug dispensed; to the Commit- tee on Labor and Public Welfare. (The remarks of Mr. NEasoN when he in- troduced the bills appear later in the REC- ORD under the appropriate headings.) By Mr. DODD: S. 3653. A bill to amend the Gun Control Act of 1968 to provide for better control of interstate traffic in explosive components; to the Committee on the Judiciary. Approved For Release 2001/08/07 : CIA-RDP72-00337R000300060011-8 Approved For Release 2001/08/07 : CIA-RDP72-00337R000300060011-8 NEW YORK TIMES DATE 31 LM sL )O PAGE Sharp Rise in Enemy Infiltration In April Is Expected by U.S.; By WILLIAM BEECHER on reports of men strung out major schism within the Hanoi lbodia's ports to North. V ietna- I cent level. oln f tha few eir no msal 450 tan 5pedaltoTheNewYork Timcs lalong the southernmost reaches leadership over whether tolmese shipping could deal alweaker units have been com- of the route . It is estimated continue the strategy of pro-substantial blow to enemy bined- WAence prof March 30-~ ~tracted war. One faction is said plans in the southern half of Supplies of rockets, mortars, make it takes three months to the trip by truck and on to favor stepping up the war South Vietnam. small-arms ammunition and Intelligence projections of thethat infiltration flow into South foot, under heavy pounding in hopes of increasing domestic On the Laotian situation, Ad- machine guns have been much Vietnam, based primarily on from the air. pressure in the United States ministration planners say that higher than required by exist- lerial: reconnaissance of the to get out as quickly as pos- as long as American air strikes ing units, these sources say, lengthy route from North Viet= Questions on Offensive sible, regardless of South Viet- continue along the Ho Chi Minh both to compensate for recent nam through Laos, and into In view of the heavy flow nam's military capability. Trail, the make-up of the Gov- captures of large caches and Vietnam, indicate that 10,000 of weapons and ammunition "If the higher rate of . in- ernment there and the amount presumably to preserve the pos- to 15,000 North Vietnamese over the last six months- filtration should continue for of territory controlled by Corn- sibility of a big offensive. soldiers are expected to enter double the rate in the same the next few months," said one munist-led forces should not South Vietnam in April. period a year ago-some an- high-ranking officer, "then make much difference militarily This would. represent two to alysts at the Pentagon and we would look for a major in South Vietnam. three. times the rate of 3,000 elsewhere are questioning new campaign." Pentagon and State Depart- to 5;000 men maintained over whether another enemy offen Compounding the difficulty ment sources say that Northl the last several months, Admin sive is being prepared. of prediction, the analysts gen- Vietnam has allowed its troop istration Vietnam planners say. But most senior military erally concede, are the develop- strength to fall for many Qualified sources say that planners insist it is too early ments in Cambodia and Laos. months to the point where; the projection of 10,000 to to tell. They say there is frag- For example, military men many North Vietnamese bat- 15,000 men for April is based mentary evidence to suggest a say that the closing of Cam- taions are at roughly 50 per Approved For Release 2001/08/07 : CIA-RDP72-00337R000300060011-8 WASHINGTON POST DATE 1MAOL -10 PAGE Approved For Release 2001/08/07r: A-P DP72-00337R000300060011-8 U.S. Denies Improper Spy Contact By Robert G. Kaiser Washington Post Foreign Service SAIGON, March 22-The U.S. embassy said today that an American diplomat who had contacts with an alleged Communist spy was only doing his job. An embassy statement named a former U.S. political officer in Saigon as the man pictured in photos displayed by Vietnamese police at a press conference yesterday. But the embassy said the %ffi- cial was only performing his function as a political reporter when he talked withBul Van Sac, the alleged spy. Police showed a photo of Sac talking to an American yesterday. The embassy state- ment said he was Harold Cole- baugh, a political officer flu- ent in Vietnamese who follow- ed internal politics here. Cole- baugh left Saigon last year, served briefly on the U.S.,.del- egation to the Paris peace talks and is now in Washing- ton, official sources said. The police press conference yesterday and the embassy statement today suggest an unusual split between the al- lies. `l' ce_ statements left the impression that the South Vietnamese government might be trying to implicate. U.S. of- ficials with Communist spies in the minds of ordinary Viet- namese. And the embassy's re- joinder, U.S officials acknowl- edged, was based in part on American indignation over such a suggestion. In its statement, the -em- bassy said it knew Sac' was under investigation as a spy. The statement also said that other U.S. officials besides Colebaugh had met Sac "from time to time in connection with carrying out their official responsibilities." - In its explanation of Cole- baugh's contacts with Sac, the embassy said: "As a political reporting officer, Colebaugh normally met with Vietnamese from many walks of life. This is a classical diplomatic -funs tion carried out by officers of all nations around the world. In view of this we attach no significance to the photograph in terms of mission interests or personnel." _J_ .., Colebaugh was known Were as a hard-working and e rt. po- tent diplomat with unuiually wide contacts among Vietnam. ese. His extensive knowledge of the Vietnamese language included the most up-to-date diplomatic expressions. Approved For Release 2001/08/07 : CIA-RDP72-00337R000300060011-8 NEW YO.?,K TIMES DATE 2 WA Lib PAGE,__ pproved For Release 2001/08/07 :CIA-RDP7Z=U0337F1 910300060011-8 U.S. Embassy Defends A ides ink Saigon Spy Case By RALPH BLUMENTHAL ipeeal to The Now York TIM" SAIGON, South Vietnam, March 22-The -United States Embassy acknowledged today that some of Its officers had met periodically with an al- leged North Vietnamese spy but asserted that the meetings had been part of a routine monitor- ing of political opinion in South Vietnam. Calls Meetings With Alleged astute political counselor; fis command of the Vietnamese; Enemy Agent a Part of language has been described as Routine Political Work the most perfect ever attained by an American mission offi- been'incidental to their ac- tivities of gaining local views and attitudes on the current scene in Vietnam," Privately, sources close to the embassy indicated that of- ficials were annoyed by what The. statement followed at they regarded as an attempt by news conference yesterday in'some South Vietnamese author- which South Vietnamese police ities to suggest that the Ameri- officials circulated a photo-1 cans were dealing with the North Vietnamese behind the graph showing an American back of Saigon's leadership. talking to several Vietnamese. The Americans, it was un- Among them was Eiji Van Sac, derstood, had not been in- identified by the police as a formed in advance that the po- high-ranking North Vietnamese lice news conference would intelligence agent. bring up any relations between In what seemed to be in- Mr. Sac and embassy officers. tended as a repudiation of any Other Charges Discussed insinuation that the Americans were dealing secretly with the The mission had been told enemy, the embassy took the that the news conference would unusual step of issuing a ape deal with charges of enemy ac- cial -statement today. It identi- tivities against student leaders. fied the American in the picture It was after those charges had as Harold F. Colebaugh, a been discussed that the police political counselor who served told of cracking a spy ring and here from January, 1966 to of finding the photograph of July, 1969. Mr. Sac and Mr, Colebaugh, ap- statement Read at `Briefing parently in a restaurant. The affair comes two weeks The embassy statement was after the prosecution and im- read at the daily briefing on prisonment of Tran Ngoc Chau, .the, war. It said that "As a an opposition deputy who was political reporting officer, Mr. charged with pro-Communist' Colebaugh normally met with activity for having met with his Vienamese from many . walks .brother, a North Vietnamese in- of life. This is a classical diplo- telligence agent. Mr. Chau said matic function carried out by he had acted with the knowl- officers of all nations around edge of some key American of- the world. We attach no sig- ficials. The case was widelyy nificance to the photography viewed as an attempt by, Presi- in terms of mission interests or dent Nguyen Vail Thleu to warn personnel." his countrymen against com- The statement added that promise with the enemy. 'other embassy officers had met r. Colebaugh the embassy with Mr. Sac from time to time officer in the Sac case, was gen cer in South Vietnam. The 31- year-old Foreign Service offi- cer was born in California Snd was graduated from 'Whittier College there in 1960. He served in the Army from 1961 to 1965 and joined the State Department that year. After leaving South Vietnam he served with the American- delegation at the Paris peace talks and was scheduled to re turn to Washington to attend a+ Thai language school. Link to Thi Charged The police officials who field the press conference, Col. Tran Van Hai and Col. Nguyeti'Mau, said that Mr. Sac had worked closely with Lieut. Gen. Nguyen! Chanh Thi, now in exile in Washington, in planning two coups against Saigon Govern-! ments in 1960 and 1963. The police officials said thatt Mr. Sac had occupied the gen- eral's quarters in downtown Saigon where he entertained visiting United States Senators and other American officials. The embassy statement today said that officials there had nol knowledge of his meetings with the Senators or of allegations; hat secret American documents i had been passed to Mr. Sac. The statement seemed to hrl deliberately vague on the ques tion of whether the embassyl knew that Mr. Sac was work-1 ing for the North Vietnamescl when Mr. Colebaugh met' him. The dates of any meetings were not given. The South Vietnamese ptflice even left unresvoled the ques- Approved For Release 2001/08/07 : CIA-RDP72-00337R000300060011-8