TESTIMONY ON IRAN FINDINGS BEFORE HPSCI SUBCOMMITTEE ON OVERSIGHT, 7 FEBRUARY 1980

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 15804086
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 4
• Document Creation Date: March 9, 2023
• Document Release Date: May 4, 2020
• Case Number: F-2013-00944
• Publication Date: February 6, 1980

Approved for Release: 2020/05/04 C01430791
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OLC 80-0004/2
February 6, 1980
MEMORANDUM FOR: Deputy Director of Central Intelligence
FROM Legislative Counsel
SUBJECT : Testimony on Iran Findings Before HPSCI Subcommittee on
Oversight, 7 February 1980
1. You are scheduled to appear before the Subcommittee on Oversight
of the House Permanent Select Committee on Intelligence (HPSCI) at 2:00 p.m.
on Thursday, 7 February 1980, to testify on the 27 December 1979
and 23 January 1980 Findings relating to Iran. The Subcommittee was
unable to accommodate our request far-an earlier time to avoid a conflict
with your travel plans. The Subcommittee Chairman, Les Aspin (D., WI), �
is aware that you may have to denart before the Subcommittee has exhausted
its questions and expects that will
remain until the session ends.
2. You will recall that you appeared before this Subcommittee on
23 January to present the Findings of 27 and 28 December 1979 relating
to Iran, Afghanistan, Oman and Sudan. Because of a conflict in your
scheduling that day (a later appearance before the House Appropriations
Defense Subcommittee on the Reserve reprogramming), the Subcommittee �
decided to take up only the Findings on Afghanistan and Iran, in th1t
order. Not only did you never get to the Finding on Iran, but had
to complete the testimony on-Afghanistan after your departure for
HAC.
3. On 29 January, again appeared before the Subcommittee to
satisfy its request for briefings on all outstanding Findings, now
including those of 22 January on the Arabian Peninsula as well. Unaware
of the 23 January special Finding, Aspin agreed in advance to defer the
27 December Finding on Iran since neither you nor Hal Saunders were
available. .Unfortunately, the story about the 6:filtration of the six
Americans broke on CBS that morning and I rushed over to brief Comm*(1)
Chairman Edward Boland (D., MA) before Hodding Carter's noon press (bp
to have
confere attempt .,a_s_of;en the blow further, I arranged
ccompany o the 3:00 p.m. briefing, where we
were prepared to brief the Congressmen in Executive session on this
matter. Aspin refused to have the 23 January Finding read into the
d unless we were prepared to "open the whole Iranian bag", kicked
out of the briefing and proceeded witb tutimony on the other
1 nciings.
ALL PORTIONS OF THIS DOCUMENT-
CLASSIFIED SECIT/SENS'ITIVE'
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4. Last Thursday, at the request of Chairman Boland, rovided (b)(1)
Tom Latimer, HPSCI Staff Director, a briefing on the exfiltration. (b)(3)
Earlier this week, Les Aspin called me for details on our normal notifica-
tion process in compliance with Hughes-Ryan.
5. The reactions of Les Aspin, Charlie Rose (D., NC) and Chairman
Boland to the events of the 29th may overshadow the Subcommittee's major
concerns about the earlier Finding, which can be condensed into the '
following:
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6. The questions relating to the 23 January Finding are likely to
be tough and emotional. Aspin is convinced that the performance of the
Executive failed to meet the "timely" notification requirement of
Hughes-Ryan, and that our actions were therefore illegal. He will not
attempt to define "timely" in terms of hours or days but will argue that
the intent of Hughes-Ryan is certainly clear, i.e., there must be
notification before the act. He probably will not quibble about preparatory
acts--although his basic position encompasses these as well--since it is
clear that in this case all acts were completed before notification.
7. Attached are a list of Subcommittee.Members, a witness list and
information sheets on Subcommittee Members.
Attachments:
As stated
stribution:
Original - Addressee w/.4tts
1 - E ets
1 - //atts
1 - u ject w/o info sheets
1 - OLC Chrono w/o atts
OLC (6 February 1980) ///
/ ct
Frederick P. Hitz
Legislative Counsel
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House Permanent Select Committee on Intelligence
SUBCOMMITTEE ON OVERSIGHT
7 February 1980
WITNESS LIST
Witness:
Frank C. Carlucci
Accompanied by:
Frederick P. Hitz
Deputy Director of Central Intelligence
Legislative Counsel, Office of the
Director of Central Intelligence
or operations
Directorate
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Charles Rose (D., NC)
Romano L. Mazzoli (D., KY)
Briefing of
House Permanent Select Committee on Intelligence
Subcommittee on Oversight
Thursday - 7 February 1980
2:00 p.m.
H-405, The Capitol
(27 December 1979 & 23 January 1980 Findings)
Les Aspin (D., WI)? Chairman -
John M. Ashbrook (R., OH)
C. W. Bill Young (R., FL)
Staff Members
Tom Latimer, Staff Director
Leon Fuerth
Mike O'Neil
ORO'
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