LETTER TO JEROME A. COHEN FROM HENRY A. KISSINGER

• Document Type: CREST
• Collection: Library of Congress
• Document Number (FOIA) /ESDN (CREST): LOC-HAK-11-6-14-7
• Release Decision: RIPLIM
• Original Classification: S
• Document Page Count: 11
• Document Creation Date: January 11, 2017
• Document Release Date: October 26, 2011
• Sequence Number: 14
• Publication Date: February 9, 1971
• Content Type: LETTER

rJi 1
No Objection to Declassification in Part 2012/03/07: LOC-HAK-11-6-14-7
THE WHITE HOUSE
February 9, 1971
Dear Jerry:
It was good to see you on the 19th. I enjoyed
the session immensely.
I have done some checking into the matters
you raised in your letter of January 6th and
can assure you that your concerns appear to
be based on exaggerated reports.
Perhaps we will have an opportunity to chat
about this on a future occasion.
. Warm regards,
Henry A. Kissinger
Jerome A. Cohen
Professor of Law
Harvard University Law School
Cambridge, Massachusetts 02138
No Objection to Declassification in Part 2012/03/07: LOC-HAK-1 1-6-14-7
 No Objection to Declassification in Part 2012/03/07: LOC-HAK-1 1-6-14-7
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
?W7R /SENSITIVE/EYES ONLY
26 January 1971
MEMORANDUM FOR DR. KISSINGER
FROM: FRANK CHAPIN`,
t"`C~
SUBJECT: Professor Jerome Cohen's Le fer of Inquiry re
U.S. Actions Against Co Kist China
Attached at Tab C is a letter dated January 6, 1971, from Jerry Cohen
which he sent you as a follow-up to his meeting with you on December 21,
1970.
In his letter, Professor Cohen furnishes certain leads for you "to
pursue to verify your assertion that the Nixon Administration was not
interfering in mainland China's territorial jurisdiction," and infers
that he expects a reply.
25X1
25X1
The Michael Morrow article of September 3rd in the Boston Globe, to which
Mr.'Cohen refers, contains certain essential truths and is reprinted
and embellished in another article by Morrow appearing in this morning's
Washin ton Post.
Morrow, you may recall, was one of three newsmen captured by the Viet
Cong in Cambodia. Upon his release he wrote a series of,uncritical articles
which were good propaganda for the Viet Cong.
6/SENSITIVE /EYES ONLY
No Objection to Declassification in Part 2012/03/07: LOC-HAK-1 1-6-14-7
 No Objection to Declassification in Part 2012/03/07: LOC-HAK-1 1-6-14-7
SECRET/SENSITIVE/EYES ONLY
CIA has not assisted the GRC in any maritime or other hostile
penetrations of Communist China since 1964 and was attempting to
discourage such activity long before that.
Perhaps, since your dinner meeting with Mr. Cohen and others at the
Harvard Faculty Club on January 19th, you can consider this matter
overtaken by events and no response necessary.
On the other hand, if you deem it necessary to reply in writing to
Professor Cohen, I recommend a noncommittal reply along the lines
attached at Tab A leaving open the possibility of some future oral
discussion with him on the subject. In the latter event, I will be
happy to work with John Holdridge in pulling together some talking
points for you.
RECOMMENDATIONS:
1. That you consider Professor Cohen's letter to be overtaken by
events and therefore requiring no reply at this time.
APPROVE DISAPPROVE OTHER
2. That, in the alternative, you sign the letter at Tab A which
acknowledges Professor Cohen's letter but does not respond
specifically to each of the points he raises.
APPROVE #~_ DISAPPROVE OTHER
Attachments
Tabs, A, B and C
Concur:
Herbert Levin
SECRRTTS'ENSITIVE/EYES ONLY
No Objection to Declassification in Part 2012/03/07: LOC-HAK-1 1-6-14-7
 No Objection to Declassification in Part 2012/03/07: LOC-HAK-1 1-6-14-7
No Objection to Declassification in Part 2012/03/07: LOC-HAK-1 1-6-14-7
 No Objection to Declassification in Part 2012/03/07: LOC-HAK-1 1-6-14-7
NATIONAL SECURITY COUNCIL
WASHINGTON. D.C. 20506 25227
January 21, 1971
CONFIDENTIAL
Mr. Robert E. Hepworth
Chief, DDI Executive Staf f
Central Intelligence Agency
SUBJECT: Questions on China Mainland Activity
During a recent meeting between Dr. Kissinger and a group
of China scholars Professor Jerome Cohen queried him on
U. S. activities with regard to the China mainland. At
Dr. Kissinger's request, Professor Cohen has now written a
letter mentioning some specific things (attached).
Will you please ask someone urgently to prepare a draft reply
to the letter, in consultation with the State and Defense Depart-
ments, for Dr. Kissinger's signature.'
Jeanne W. Davis
Staff Secretary
Attachment
CONFIDENTIAL
No Objection to Declassification in Part 2012/03/07: LOC-HAK-1 1-6-14-7
fo)
 No Objection to Declassification in Part 2012/03/07: LOC-HAK-1 1-6-14-7
$0001 of 3bacrbnrb Vniberzitp ~ ~.
Cambribec, OU10. 02138
January 6, 1971
The Honorable Henry A. Kissinger
Assistant to the President
for National Security Affairs
The White House
Washington, D.C.
Dear Henry:
I promised you a lead or two to pursue to verify
your assertion that the Nixon Administration was not inter-
fering in mainland China's territorial jurisdiction.
I enclose a photocopy of the front page banner
headline story on CIA penetration of Lao tribesman into
China (Sept. 3, 1970). It also recounts our activity on
the Sino-Burmese border as well as past activity in Tibet.
Also, you might wish to review the testimony of
Ambassador McConaughy and his military associates before
the Symington Subcommittee (Nov. 1969 and May L970) concerning
our support for GRC activities against mainland China.
(Actually, the Justice Department might more appropriately
review it.) You have access to the substantial deleted
portions, but even what remains indicates that the U.S.
itself is at least engaging in unmanned reconnaissance
flights over China and that we are helping the GRC with
maritime raids and other forms of hostile penetration.
China, of course, has listed hundreds of American aerial
and naval intrusions, many since January 1969. Are all
of these fictitious? Past Chinese claims have often been
verified by capture of pilots or wreckage of our planes.
Indeed Peking's claim to have shot down a "drone" on
October 29, 1969 first brought this activity to the attention
of Congress, according to Jim Thomson.
I wonder what "the Agency" and the Pentagon will
report on these activities.
No Objection to Declassification in Part 2012/03/07: LOC-HAK-1 1-6-14-7
 21
No Objection to Declassification in Part 2012/03/07: LOC-HAK-1 1-6-14-7
-2-
In any event we very much look forward to the
dinner January 19 now scheduled for the Faculty Club.
We hope you will open.with some remarks on Vietnam,
which will lead to a discussion. After an hour of that,
we will reverse roles by having you interrogate us about
China. We may present a brief scenario to open the China
discussion and give you a concrete target.
I much enjoyed the December 21 meeting in your
offices. We were more chaotic in our presentation than
I would have liked, but your equanimity suggested that you have
not forgotten what academics are like, especially when they
do not agree. The Chinese call such sessions "fermentation"
meetings and consider them useful at an early stage of
"thought reform."
In wishing you a successful 1971 one does so with
more sincerity than in most cases, if only from self-interest.
Peking has long since replaced the traditional Chinese
New Year's wish of "Hope you make money" with "Hope you
make (ideological) progress" [Kung-hsi chin-pu). As one
who would like to see substantial changes in our China
policy, perhaps the latter is not inappropriate.
I had a long talk with John Dean last night about
his experiences with CORDS in I Corps._ Reports of his
pessimism relayed via the distaff side proved to be
inaccurate, but if you want to see him he will be lunching
at the White House Monday with two of your staff.
Sincerely,
/-C211 -
rJArome Cohen
(~*rofes or of Law
JAC:be
enclosure
No Objection to Declassification in Part 2012/03/07: LOC-HAK-1 1-6-14-7
 No Objection to Declassification in Part 2012/03/07: LOC-HAK-1 1-6-14-7
L 198, No. 65, 01970, Globe Newspaper Co.
Their missions
e to tap Chinese
egraph lines,
I tch roads and.
other types of
ellfi ence gath-
yftge : Teanzs
I'cgoneasfar
200, miles into
THURSDAY MORNING, SEPTEMBaR 3, 1970
0 Telephone [phone] Pages--1:
CdIASending,iaos" Tribesmen iiZ4 China on ?. S 'P trolls
By Michael Morrow
Coprr;tht 1070. Dispatch News
Service bete n Uo at
pinpoint the staging area at and other special equip- mountainot frontiers o
a small mountain valley ment. Laos, Burna, Thailand an
airstrip called Nam,Lieu.15 China.
Their missions are to tap
minutes flying time north Chinese telegraph lines,
This sleepy Mekong River of Houei Sat. ,,..Watch roads rod do other
town is as close as a jour- i types of intelligence gath-
?nalist with any regard for According to the same ering. Teams have gone as
his safety can get to a se. highly reliable sources, far as 200 miles into China. _
"Moung IMseMe" about 20 Ing China about fifty kilo-
kilometers wth of Nam meters from Site 93.
AIM", ucw w.s wsnvt~Fj The teams from Nam
There are approximately'; River' whom/ it Corms a
2,000,000 Yao living inside border with 1~urma -~
China, and some of the.: months, maintaining con-
guerrillas have family con-t . Sometitna they are put tact by radio with Nam
nections there. Meo''-aiid1 ` down right on t-. banks of Lieu and with airplanes
cret CIA outpost which is "there is always a team in Bach teean is said to con- Lao Theung tribesmen area . Mekong by helicopters. Which fly close to the
the staging area for armed. China." also used for similar rea They carry instantly in.. China border in order to
reconnaissance teams being sist of about 15 men, most? Y
The teams are armed.. 'of whom are Yao hill sons. ?flatable rubber rafts to use
pick up their broadcasts.
sent by the United States
with American small arms tribesmen. Yao are., used The. teams are normally; crossing the Dteln into
into China. __.,:' ti,e--..-e +t,;e +,.;i,e lGvna in flown tff a sod airstrio?? .Burma. Mon lea they On at least one occasion
most shot d o w r. Vic,
straying into China. Du :n;
July 1968, an t Ur America
"porter" single-engine
plane with two aboard
tier near the borders e'
Burma. Laos and Ci::aa.
Parts of both wins yes:
blown away by antiaircraft
fire but the plane was able
to limp back to base.
a speuas a-guuuu iaum -..aw,~ -I
Sources close to the CIA . with a range of ?400 miles, large ? numbers . along he known as f 'Site 03" ors continue norGnAwk enter- an airplane has been al- CIA CAIIPS, Page 13
1%1- t-%k;- .+,,.., + ^-4 ~n~ ~ rn~ urn ? 1 nrl U A V i i a 4 A
 No Objection to Declassification in Part 2012/03/07 :
A 12 Tuesday, Jan. 26,1971 THE WASHINGTON POST
Laotian's' laid
CIA-Backed
Iwo Jima, who remained in
Asia after World War II. In
the 1950s he helped. organize
CIA-trained Tibetan insur-
gents, escorting them to Colo-
rado for training and going
back with them into Tibet.
Later he worked in the
Thai-Cambodian border area
with the Khmer Serai, anti-Si-
hanouk guerrillas receiving as-
sistance from the CIA, and
other parts of Thailand. He
has been in and out of Laos
since before the Geneva Ac-
cords of 1962 and was one of
the first Americans 'involved
in arming and training para-
military groups in Laos.
Poe is considered subborn
and brusque, sometimes going
into fits of anger over the
radio, his lifeline with the out-
side world. He is said to pre-
fer working with hill tribes to
working with americans and
looks down on most American
operations because of their
heavy reliance on American
personnel.
He has been wounded at
least'once during his career in
Laos, and reportedly a' price
has been put on his head by
the Pathet Lao. He is perhaps
the only American legally mar-
No Objection to Declassification in Part 2012/03/07 : in of the hill
--!here 15 alwayzi a team all~that there might be a leak
China," sources close to the within. the CIA in Laos,
CIA said. 1 t +11 CIA
W
Entering China
By Michael Morrow
a 1971, Dispatch News service International
VIENTIANE, Laos - United for orders and radio codes, ca-
States intelligence operations pacity for Lao whiskey and ex-
include the sending of armed pertise at clandestine guerrilla
Laotian reconnaissance teams operations.
into C?una from northern Poe was removed almost im-
Laos, sources here say. Teams mediately after an article last
are reported to have gone as September by Dispatch News
far as 200 miles into China, Service International on the
dispatched from a secret CIA Nam Lieu operations, ostensi-
outpost 15 minutes' flying bly because the article "blew
time north of the Laotian his cover." According to
opium center at Houel Sal. sources close to the CIA, how-
According to sources close ever, this reason was an ex-
to the Central Intelligence cuse used by the American
Agency, and confirmed by embassy here to get rid of
Western diplomatic sources in Poe, whose style has been a
Vientiane, the CIA is sending source of long-term friction
out hill tribesmen armed with with members of the Ameri-
American weapons, a three- can. mission in Laos including
pound radio with a range of Ambassador McMurtrie God-
400 miles and equipment to ley-
tap Chinese telegraph lines, The September story was re-
watch roads _ and do other portedly a major concern of
Staging area for the opera-
tion is a small mountain valley
airstrip called Nam Lieu (also
known as Nam Yu). The strip,
which one Air American pilot
describes as "difficult as hell
to get into," is surrounded by
mountains. It Is serviced by
both Air America,and Conti-
nental Air Service, and is also
a way-station for opium trad-
ers from northern Laos and
Burma en route to drug facto-
ries at Houei Sal
During 1968, five Chinese
functions aries caught up in
the purges of the Cultural
Revolution defected to a Nam
Lieu reconnaissance team.
They were treated well by the
Americans for a time but
. eve# uaJ !
According to so close
to the CIA? am oft 0019
thrown irate a 13 W b a
feet pit exposed o t ele-
ments. They were eventually
-executed.
Like most CIA operations in
Laos, the one out of Nam Lieu
is directed from a headquar-
ters at Udorn air base in
northeastern Thailand. There
are several Americans at
Nam Lieu,. including _~CIA
and military intelligence per-
sonnel. Sources close to the
CIA report the number has
increased recently from four
to more than 10.
In addition to activities in-
side China, the Nam Lieu
Americans also help direct a
joint operation of "SGU" (spe-
cial guerrilla units) and the
Thai. army at Xieng Lom
south of Houei Sal on the
Lao-Thai border. They also
run intelligence--gathering
missions on a road being built
by the Chinese government
(under an agreement reached
sources c ose o e .
port.
Whether by design or coinci-
dence, Vince Shields, in
Long Cheng on the edge of.
the Plain of Jars north of Vi-
entiane, ' and Patrick Devlin,
station chief for the CIA in Vi.
entiane, have both been trans-
As for the 'mission into
China, sources close to the
CIA and Western diplomatic
sources both report that to
their knowledge the missions
are continuing.
Since leaving Nam Lieu,
Poe has spent most of his time
at Udorn air base, although
one source reported that Poe
Lien.
4?4"$4 AM
with the now-defunct coali-
tion government of Laos) in
the same vicinity.,
Until mid-September of last
year, the Nam Lieu operation
was headed by a rough-and-
tumble veteran guerrilla organ-
izer named Anthony "Tony"
n ? Poe. Poe is a legendary figure
JLLOC-HAK-11-6_14-7 pU1111i115L0, t41 ,L .j 4LU 14/17JCJ-
 ,
LA s4budma aos tribesmen ""'On w1al-rol Chi
shl 0
13
surnrng team brought Chi- treated by the Americans figure in Laos, known best picture of him. He has re-
3ntinued from Page 1 nese_ back with them. Dur- for a time but eventually for his dislike of journal- fused to obey higher orders
Several of the teams in- ing 1868, ? five Chinese turned over to the Royal isti, disregard for orders commanding him to corn-
functionaries caught up in Laotian Government. and radio codes
rted into China have the purges of the Cultural -
sources ,capacity ri l his paramilitary tacr-
Accordin to . - for Lao whiskey and ex- i)las to large scale attacks
en captured, and some Revolution defected to a close to the CIA, the five pert'sse at clandestine guer- away `from their home
ve switched allegiances, Warn Lieu- reconnaisance were thrown into the Lao- rilla operations. area. and often disregard,
turning to Nam Lieu as team. tian equivalent of a "tiger's He is an. ex-Marine non- -radio procedures. Those
.usterspies. They were brought back cage," a 12-by-12-by-12 ' commissioned officer ' who know him say his
Th
t
h
i
b
f
ere
as
een at least
e occasion when - a - re-
p
oo
to Nam Lieu by the team-
t exposed to the ele- wounded in Ianding at Iwo drinking stems from th
There they were well- meats and without sanita- Jima, wbo remained in dangerous life he leads
diy execuie4. the fifties he helped organ-
Like most CIA opera- - ize CIA-aided Tibetan in-
tions in ,Laos, the one at surgents, escorted them to
? Nara Lieu is directed from Colorado for training and
a super secret headquarters finally went back with
at Udorn air base to North- them into Tibet.
east Thailand. Lat c
-
d i
t
h
k
c
n t
l
ke
e
"ilC
There are four AnaeLi- Thhi-Cambodian border
cans at Nam Lieu, how- area with the "Khmer
ever, headed by' a rough- . Jolue" anti-Sihanouk guer-
;and-tunable veteran guer- rillas receiving' assista
nce
rilla organizer named An- from the CIA and in other
particularly the flying he
does thrpugh the trgacher,
ous mountains of northern
Laos.
Poe is highly respected
by some but hated by oth-
ers involved in secret oper-
ations in Laos for his brus-
que and stubborn manner.
He is said to prefer work-
ing with the hill tribes to
working with Americans
thong Poe. In addition to parts of Thailand with - and looks down on most-
activities
activities inside China, Poe 'other guerrilla groups for a American operations be-
his team also work total of five years. .? cause of their heavy reli-
with hill tribesmen in the . He has been in and out of secs on American person-
area, organizing, training, Laos since before the Ge-
equipping eel.
and resupplying ? nova accords of 1962, and Poe is said not to have
them. was one of the first Amen- bee
b
k t
th
US
ac
n
e
o
in fif-
There is also a joint op- ? cans involved in arming ; teen years. He is pernaps-
eration between the "SGU" and training hill tribe the only American legally
(special guerrilla - units) paramilitary groups in. married to a woman of the
and Thai Army, which they Laos. hill tribes (though many
direct at Xieng Lora south He refuses to have his keep mistresses) and has a
'Of Houei Sai qn the Lao picture taken, and once lit- home at Udorn Air base in
~:Thai border. erally threw a journalist= Thailand.
.'Tony Poe is a legendary camera away for taking t
There are reasons to be-
lieve Poe's operations at
Nam Lieu are just the tip
. of an iceburg of US activi-
ties in China 'and Burn a a.
CJA report t -t the CIA is
working with Shan law-
gent groups in northern
No Objection to Declassification in Part 2012/03/07: LOC-HAK-1 1-6-14-7 _ obe Thursday, Septembe, -
1970
No Objection to Declassification in Part 2012/03/07: LOC-HAK-1 1-6-14-7
-I Burma. According to the
 g/-\ r