MEMORANDUM OF CONSERVATION

• Document Type: CREST
• Collection: Library of Congress
• Document Number (FOIA) /ESDN (CREST): LOC-HAK-509-5-21-8
• Release Decision: RIFLIM
• Original Classification: T
• Document Page Count: 3
• Document Creation Date: January 11, 2017
• Document Release Date: September 6, 2012
• Sequence Number: 21
• Publication Date: June 9, 1976
• Content Type: MEMO

No Objection to Declassification in Full 2012/09/06 : LOC-HAK-509-5-21-8
N03]1S/ XGDS
With respect to the Attorney General's guidelines, it is so restrictive
that we couldn't eveh know that the Soviets had picked up a conversation
between you and Secretary Xissinger. [He shaves the President an
intercept on Law of the Sea and what are the guidelines.
[There is discussion that NSA is caving to Justice and that there
is no real consumer representation to fight the Attorney General's
restrictions. ]
President: Ed, you said there were no negative court cases.
Williams: Yes, there is dictum, but I would be delighted to argue the
xight of the President to gather foreign intelligence through electronic
surveillance. If I lost, 2 would go back behind a plow.
Buchen: Zt isn't only that. The, Congress was going to pass a law. We
were trying to control the process.
President: I met with the Attorney General and a Congressional group.
A lot of them wanted to ga much, further. Judging. from that, I think
there are real dangers that it will be toughened up. I doubt we will
get anything this year, but if we do and if it is tough, I won't buy it.
Cherne: There is one other aspect. We don't know when the Soviet
intercept issue might blow. We need a damage assessment to see if
what we are getting and what the Soviets are getting here are equal.
We really need a net assessment made.
President;. We will take this up. Please keep on watching this sort of
thing for us and we will. be in touch with you on this is sine.
,,~
DOJ, NSS,
Review
Completed
ODIS/XGDS
No Objection to Declassification in Full 2012/09/06 : LOC-HAK-509-5-21-8
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No Objection to Declassification in Full 2012/09/06 : LOC-HAK-509-5-21-8
MEMORANDUM ~
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TOP SECRET/NODIS/.XGDS
President Ford
Lev Cherne, Chairman. of PFIAB
Edward' Bennett Williams, Member of PFIA f'
Stephen Ailes, Member of PFIAB.
Dr. William Baker, Member of PFJA13
Wheaton Byers, Executive Secretary of PFI.'
Philip Buchan, Counsel to the President
Brent Scowcraft, Assistant to the Presideni:
for National Security Affairs
Wednesday, J'une~ 9, 1976
12:00 - 12:45 p. xxa..
Cherne: The Board has been concerned with the Soviet xnicrawave
intercept prablexn far two years. We stirra.ulated the NSC to convene
the Llavid panel. We understand a NSDM will be farthcorning shortly.
But there are still same concerns that the Board felt unanimously that
I should seek an immediate meeting with you to convey these anxieties.
First, we feel the Administration is vulnerable tv a charge of being
indifferent to charges of laxity against Soviet activity. Sa far, Wane
of the news stories has caught fire, brit they might at some point.
Secondly, we are concerned at the impact of the Attorney General's
guidelines an NSA, They are much rxiore restrictive :than your
Executive Order -- on economic intelligence, for example, there is na
provision fax it. Tt,.ere is also a significant hardening as to who is
covered -~ it goes now to any alien an U. S, soil.
President: What is the significance of that?
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No Objection to Declassification in Full 2012/09/06 : LOC-HAK-509-5-21-8
 No Objection to Declassification in Full 2012/09/06 : LOC-HAK-509-5-21-8
TOP SECRET/NQDIS/XGDS ~
Cherne: [He gave an example of the Black September case of the three
trucks in New Yoxlc. City and Golda Mein. ] This case arould have to be
dropped from the computer unless there was a specific case against
him. Under the guidelines, this case couldn't have been cracked. We
are concerned not only at the Attorney General but that NSA hasn't
put forth a sufficiently persuasive case. The NSA attitude is they can
live with it. We have discussed this with the T70D peoples and Bork --
who said some aspects were still subject to negotiation --- but I see
no pressure to renegotiate. We Came to you because the intelligence
community needs to be energized to ensure that the intelligence needs
are met. It is especially crippling with respect to Terrorism,. Also
there is no intersection in the government where the rights o.i the
individual and the needs of intelligence meet. ~1V'e understand how people
around you are very Concerned about embarrassment to you.
Thirdly, the legislation an electronic surveillance. We understand it
is a cooperative enterprise, but we think it has problems. We are
afraid that it tends. to engrave in stone issues which go beyond your
Executive Order.
President: We will certainly check out both what the Congress is doing.
and the guidelines to NSA.
Cherne: Certainly the legislation will be more restrictive than your
Executive Order and could be much mare restrictive. If the latter
is true, we respectfully suggest you consider the possibility,of a veto.
President: As the legislation goes through the Congress, I hope you will
study it and give me the benefit of your views.
`u
Cherne: Ed Williams has spent his career protecting the rights of the
individual.
President: Ed, what do you think?
Williams: l think the Attorney General is overreacting to the abuses of
the past. Every Attorney General has asserted the right of the President
to gather intelligence and no court has gainsaid it. I believe in this right
as inherent Constitutionally and I think this legislation intrudes the
judiciary into the gathering of foreign intelligence.
TOP SECRET/NODIS/XG17S
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No Objection to Declassification in Full 2012/09/06 : LOC-HAK-509-5-21-8