JUDGE PLANS SECRET OPINION IN CASE OF H-BOMB ARTICLE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP88-01315R000100140001-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 104
• Document Creation Date: December 16, 2016
• Document Release Date: September 7, 2004
• Sequence Number: 1
• Publication Date: June 13, 1979
• Content Type: NSPR

4
THE WASHINGTON " T
p%v l For Relggsg Q41~0/ 3 : CIA-RDP88-01315R000100140
on page A-3
udge Plans Secret n 10
Gees of Homb r r
By \[orton Mintz
tt?ashii:aton Post Staff :4r?"
MILWAUKEE June 12-A federal
judge said today that he will issue a
secret opinion when he decides later
this week whether to let the Prog-
ressive magazine publish a suppressed
article on the workings of the hydro.
gen bomb.
In New York City, the chairman of
the American Civil Liberties Union,
which represents the magazine's edi-
tors, told a reporter. that, to his knowl-
edge, an in camera, or secret, opinion
is `unprecedented."
Two other legal experts with whom
he checked also knew of no precedent
for a secret opinion, said Norman Dor-
sen. a constitutional law professor at
New York University.
reporters, "As a defendent I find it in-
tolerable to be subject to an opinion
that I can't even read."
Kpoll said he will ask his lawyers to
decide whether to challenge the valid.
ity of the secret opinion in .the 7th
U.S. Circuit Court. of Appeals in Chi.
cago.
For more than two hours this morn.
ing, Warren heard arguments in his
chambers on the ACLU's motion to
lift the preliminary injunction he. had
granted March 26, at the govern- j
ment's request, to restrain publication
of the article...: ?,,, _ . ?
The injunction was-the first in the
nation's history to impose a prior re-
straint on material protected by the
First Amendment to the Constitution.
The ACLU had filed. the motion
with the approval of the appeals
court, which plans to hear arguments
in September on the Progressive's ef-
fort to overturn Warren's injunction-
order. _
In support, of its motion , here, the
ACLU has provided Warren with re-
cent evidence that the government, by.
erroneously declassifying.-documents
on thermonuclear weapons,. had . for
years made available information of a
far more sensitive nature: than any in
the unpublished article. '
Participating. In today's. argument
were three lawyers- for . the govern-
ment and eight for the magazine, its I
editors and Howard Morland, who
wrote the article.
Another ACLU attorney said, how-
ever. rhat secret opinion- have been
iSSUeC nn casion He sai 'fir '
was issued onto six months ago in
a case invo vines the C
U.S. District Court Judge Robert 14.
Warren confirmed through aides that
he plans to make both his opinion and
order secret, although he also may
file a public version of the order.
Progressive'editor Erwin Knoll told
Approved For Release 2004/10/13 : CIA-RDP88-01315R000100140001-1
25X1
 25X1
ARTICLE D U,
ON PAGE ;"-I
14 MAR('H 1979
: .L. . Challenge's a Plan for Surveillance Abroad!
Special to The New York Times
WASHINGTON, March 13 The
American Civil Liberties Union yester-
day challenged a proposed law that would
authorize United States intelligence
agencies to place Americans living
abroad under electronic surveillance in
noncriminal cases.
In a letter delivered to the Justice De-
partment, the A.C.L.U. responded to a
proposal made by Griffin B. Bell, the At-
torney General, in an interview with The
New York Times several weeks ago.
Mr. Bell said at that time that he had
suggested that United States intelligence
agencie, be required to obtain an order.
from a Federal judge when they wanted
to use intrusive electronic surveillance
techniques to obtain "positive intelli-
gence" from an American living abroad.
Though American Government agen-
cies are limited to certain legal standards
in criminal or national-security use of
electronic surveillance in the United
States, there has been dispute over
whether they are limited by constitu-
tional protection to Americans living
abroad. _
Extension of Protection
Mr. Bell said in the interview that his.
proposal would extend the protection of
the Fourth Amendment of the Constitu-?
tion against unreasonable search and sei-.
zure to the area of positive collection of {
intelligence from Americans overseas-
In the A.C.L.U.'s letter, prepared by I
Jerry J. Berman, the group's legislative.
counsel, the group said:
"Contrary to the-article's irrip?ession,
the proposal to permit intelligence agen-
cies to target Americans for intrusive In-
vestigation for foreign intelligence pur-
poses regardless of the nature of their ac-
tivities
would not give `Americans living
abroad some civil liberties protections'
but would take them away-
"Clearly the proposal is a radical
departure from the principle that Ameri.
can citizens should not.be subjected to in
trusive invasions of privacy unless their
conduct supports a probable cause show
ing they are involved in criminal activi
ties contrary to the interests of the United
States." -- _ T:~
Court Views Cited
Mr. Herman's letter took the position
that `the courts, even with respect to
electronic surveillance, have consistently
held that the rights of Americans abroad
are no different than the rights of Amer-
cans at home against their own Govern-
ment." However, investigations. in 1975 and
1976 by the Senate Select Committee on
Intelligence established, that United
States intelligence- agencies had made
widespread electronic-intrusions into the
communications of Americans abroad
without any consideration to the issuing
of a warrant or to whether criminal ac
tivity had taken place. Mr. Bell said that he made the proposal
in December to members of a National
Security Council committee that is-trying,
to produce a . Carter Administration
proposal for a legal charter of the United
States intelligence agencies. He said he
hoped his idea ',would act as a "compro-
mised' between the needs of the intelli-
gence agencies and the concern for the
protection of individual rights for, Amen-
- Extensive Surveillant Feared:.
electronic surveillance for positive Intel-
covert surveillance in the United States.,,
Rence-Rathermgabroad might result- i
"extensive targeting of Americans- f
While the'proposal: would limit this
ample, mail opening it implies that
infiltrations, undercover agents,', rnailj
be authorized for such collection in, the
?.i.,.., t.ty- .-?aiciiuin' urilevea
be in possession of "significant foreign
telligenceinformation."
Mr. Berman's letter is expected to open`
more public debate on the charter ieglsla
tion being prepared both in the Carter Ad-
ministration and on Capitol Eilh
Approved For Release 2004/10/13 : CIA-RDP88-01315R000100140001-1
 Approved For Release 2004/10/13: CIA-RDP88-01315R0001
Article appeared
on page A-3
THE WASHINGTON POST
14 March 1979
n. Would LetU..,). Sny on Am, ericans Abroac
By Bernard D. Nossiter
Wascaton Post staff wrtter
A proposal to give U.S. intelligence
agencies limited power to spy elec- ;
tronically on any American abroad is
being drafted for National Security
Council consideration.
The proposed new' rule came` to
light in an -American Civil, Liberties.
Union letter charging that it "would
even- undermine. the. already far too
permissive standards", iii President
Carter's January,-1978 executive order
to control the intelligence, community:,
Justice Department aides are draft-
lug the -proposed intelligence4legisla-
tion for, consideration by the tiSG's
Special Coordinating Committee:
The ACLU. expressed. its protest in
a- five-page,: single-spaced letter from
Shattuck to -attor-
Director John ELY.
ney General Griffin B. BeIL-, -
Bell and his aides declined to com-
ment because the criticised proposal
is a tentative draft that has not yet re-
ceived either the approval of the NSC
,.. .,.:,
panel or President Carter....
Administration 'officials have 'been
engaged. in a prolonged exercise - to
write a code of behavior governing
spy agencies at home and abroad.
With the Senate Intelligence Com-
mittee, they hope to complete A legis-
lative charter spelling out what ;the
FBI, CIA. National.Seeurity Agency
and others can, andUcannot do. Their
task is to reconcile =agency .demands-
for information_;'wlch., the liberties
guaranteed by, the'$iii of Rigiitsi =;r: =-
The charter dkaft?-that: drewW
ACLU fire would` enable the agencies
to bug. ' wiretap, break '.in=' and use
other techniques to;,'gain, informatioa
regarded as vital from Americnas
abroad who have committed no crime.
The spy unit would first have to get,
an approving order from a judge.
Thus, the test to permit,these "in-
trusive" techniques would depend on
the importance of the information and
not on the conduct of the citizen spied'
upon. In contrast, current legislation
permitting electronic spying on Amer-
icans at home requires a judicial find-
ing that the target is as-agent of a
foreign power" who is engaged in ac-
tivity that may involve a federal
crime.
An administration official offered .
this justification for the proposed de-
parture: an American abroad, acting.
lawfully, might interview the defense
minister of a nation on the edge of
war and. learn-something that diplo-
mats, journalists or the normal run of
spies would not_pick up.- The lawful
American might decline to tell U.S.
officials what he knows, so they want
the power to extract his story anyway.
The ACLU protested that -"wholly'
innocent Americans . could be tar-.
geted." Former attorney general Ram-
sey Clark could have had his Paris ho-
tel room bugged when he met Ayatol-
lah 'RuhoUah- Khomeini. Members of
Congress abroad "could be subjected
to intrusive electronic surveillance,,"
the ACLU said. The civil libertarians
said they fear that the rule could-even
be. stretched to. cover Americans 'at
home.
A government official'' said' that
stringent;standards. for- the informa
lion sought.would be written inio o-any
proposed legislation: In. addition, high
officials` would have to certify in- writ-
ing the vital nature e. the-information-
before judicial, permission-was sought
for the technique:; .,
25X1
Approved For Release 2004/10/13 : CIA-RDP88-01315R000100140001-1
 25X1
Approved For Release 2004/10/13 : CIA-RDP88-01315R000100140001
THE WASHINGTON POST
Article appeared 16 November 1978
on page- C-8 --
Roger .Baldwin--95, -founder: of the- Amerie
ivi1I ertlesUnion;.-dressed In-busiaesssuuirgra
=r- took: a.siitof, his Maribattart and declared that. he
a
ouldn't particfpate.4 -violence;t lie: announced
in-
t
w tea-a,,ze er asked Baldwiniaa'stt
S
a
`
;
A
it timonial- aute-h he-std,the ericpp
berties tlnion;xhe raised: hi eyebrow
vi
l
:
s3id}'~'"Oh; we cad'to She'war was on."''=, ?~'.~:
twtqcx, M1450- -04
annd - mseiC a ci served z year; ni:.~a far.
refusin fio serven~ras civil-liberties tamionr fo= people
who._"needed, defense and.needest;lawyer
T4ie~ c inmerLwas-a. gatliena `` brs~imang?"_old and
iieas Sera `many of wlionr bad _worke& together
t g.u purse ~t . Sterling' T[rcl?er, xD C`. City
~Connc arai~rdtann,: said-it wasrlike ,' old.home_week,.
tli AELff has lobbied: 4:
'' Fnjtlf pasta p1n year.
L1,;-defended:-those whose civil r.ghts-were-fe1
t o _ T erviulated; mciudu bottt,blacks and the K U . I4laa: 'Well; tziedtb-defenthhe 1 " said-Baild
*win;buftliey oulda't accept ou Iawyers:,They, wer
ookt& t theagency ' a='court .has: declared' violate
elp eceetly=in his appeal. of the decision:
"Save?%yo iieet; , Jndleated=yetrT asked Baldwin
a4sm~ep~stoppedat the direst to speak
with SIIepp,I r : 4.
"Its,dl ut to:rall li'berahsupport; beeauseAl,'m
ffranf thw. CIiit; "'?aicL Snepp "It/takes7a? great leap: of.
gfait tTtefA to upporhRte But.theyre' very
tconcer~t $ea+gt?the4 rsti Amen dment:?imphcatio
of Fbfsrcese. ind -theieverallied- tuc= side,. If .the
!had~aot irked up rfig3si?asexird be inyd1ffieult
mosey Lra get (whew thin case-is
CLawarded plac~f es?.to..thiee?peopl in-'
ouser a~+: tae~Seaatr=Delr.~Yalter~ Fauatro3~;:: wha~
sy,; vho wa.cntot':there and'Rep. Don
wh
ealth
o
i
h
t
k
I
N
h;.
..lI
tl,[wo7.?
ai
a
o
ns
}~'alZiCfLe ti,
e
s-gne-o i5 gardeners who"fded a? suit 15`ye
agoi that lVlFi'discnminated-againsf black.
`aardenener be?suitr-was sAt1ed. out of. cour'`only,
Sla't' c s aniXrthe ACl U whiietfirepceseatgd the:gax .
5den 'awarded-ltoweTj..for 7~ :perseverance and
Approved For Release 2004/10/13 : CIA-RDP88-01315R000100140001-1
 5X1
Approved For Release 2004/10/13 : CIA-RDP88-01315R00010
THE WASHINGTON POST
ARTICLE APPEARED 19 July 1978
ON PAGE A-12
Inte" * e.""ce
ill Said.
Civil Liberties 17PAIx.41
By George Lardner Jr. too closely" to violations of criminal
washinstoa Post watt writ.: law.
Officials of the American Civil Lib' "- , ,The fact that a group has not
ernes Union warned yesterday that yet.crossed the line between legal ac-
the Senate-proposed charter for the and criminal conduct should not
nation's intelligence agencies is "more prohibit the FBI ,from collecting any
of a threat- to civil liberties than it is a Information concerning that group if
reform." "'It can"'be reasonably expected that
Testifying before the Senate Intelli- they may,cross the line," Silberman,
gence Committee, ACLU. legislative who is now a -senior fellow-with the
counsel Jerry Berman charged that American -Enterprise Institute, az-
the omnibus bill before the committee.
- ti
-had it been law at the time-"would Most of the witnesses at the Senate
have legitimized" many of the abuses 1 bearings on the measure; which began "-
uncovered in the 197378 inquiry in April, have criticized it on behalf of
headed by Sen. Frank Church (D- ? the intelligence establishment. as too
Idaho). 'restrictive and harsh on the CIA and
Although the "bill' has- been intro- fellow agencies. Yesterc ay's testimony
duced as . a reform of the CIA, the by the ACLU was the most outspoken
FBI, and other U.S. intelligence agen- attack on the measure thus far from
ties, Berman, protested?"that it also the civil libertarian point of view.
.gives the CIA. "broad authority" to "I guess we're on the horns of a di-
conduct domestic spywork that is cur- lemma," committee chairman Birch
rently prohibited and It allows the, Bayh (D-Ind.) said in somewhat- per-
FBI to carry out so-called "preventive plexed tones. He said it was clearly
actions" that could turn into smear going to take a lot of persistence to
campaigns. get an acceptable bill through Con-
For instance, Berman said, the new gress In light of the assaults on the
bill (S. 2525) would have sanctioned measure from both left and right.
both the CIA's Operation Chaos, as an Sen. Barry Goldwater (R.-Ariz.) said
effort "to determine the possible con- he felt the biggest problem, for which
nections of the antiwar movement," he had no solution, was how to keep
and the FBI's campaign to discredit American presidents from misusing
the Rev. Martin Luther King, as a de- the Intelligence agencies,. "How to
vice "to prevent violence" in the civil control a president who, for one rea-
rights movement. son or another, wants to get even"
Summed up John Shattuck, director with his political ' enemies. - '
of the Washington ACLU office: "The "I'm not talking about Republicans
bill, as it now stands, is more of a or Democrats. They've all. done It,"
threat to civil liberties than it is a re- Goldwater said.
form:' Accompanying the ACLU's comm
The ACLU, the committee was told,. , plaints with detailed analysis, Berman
wants to work with ? the senators to suggested that the underlying prob-
draft an acceptable bill'but is pre- . " lem with the bill is Its "backwards" -l
pared to do whatever it can to defeat approach to intelligence work, permit-
the proposed bill or--any legislation .Ling Americans to be targeted on
that the ACLU says sacrifices consti- flimsy grounds instead of focusing on
tutional values while-masquerading. as foreign governments and hostile Intel-
reform. ligence services.
Although usually -described as a Berman said this was the same ap- g
"foreign intelligence" measure, the proach used by the CIA in Operation'!
bill before the committee, Berman Chaos which concentrated first on the ?1
pointed; out, permits -wide-ranging, domestic antiwar movement 'In order-11
highly, intrusive- investigations' of to learn of travel and foreign contacts ,
Americans under a variety of'ration- ' and then to Investigate. the possibility t
ales.. Techniques. could range from that those Americans were supported;-!
pretext interviews to surreptitious en-.' or controlled by foreign powers."
tries and other methods "heretofore In . other words, Berman . said*
assumed to- be illegal," ' Berman said. 'Operation Chaos worked backwards.,'
-1, 1 By contrast, another witness at yes And so did the FBI in conducting its
terda s hearing. former Deputy A~t 'new left' investigations ... The effi-:
Approved Rwb elea~ee~ QLl~iGr'L8t.: Tuesday,. February 22, 1977. shine.
Mr. IIARKIIN. Mr; ^Sppeaker
we must e. We have steam heat and we shut oil
,
no, forget. file consumer in our discus- upstairs radiators when we, ge: up in the IN THE HOUSE OP REPRESENTATIVES
Slon3 of the present energy crisis. Many mornings and turn them back on at night.
7. We have shut off and don't heat rooms - Tuesday, -February 22, 1977
consumers who have heeded the pleas to we don't need
conserve energy have done a magnificent 8_ I dry about half or our laundry on lines Mr.16TCD0 D. Mr. Speaker, on Feo-
job only to find-that their utility bills is the basement and I wash i
riary 15
three organizations
l
o
k
t
,
n co
w
d water
r
o
fig
. continue to climb: c 4: : 9. We keep high humidity in our house' extinguish America's foreign and domes-
One-of my- constituents. Nlra- = 7tTa.rv because-we have health problems that re- tic intelligence-oath Rring cannhilito held _
c uea uoctoout of Red Oak, Iowa, has '.~ a Capitol Hill press conference to publi-
i9. I don't have adish.
washer or self clean size proposed Federal legislation which -
written a most eloquent letter to Yresi lag oven etc
dent C
bk s -th
aleaumer? Bence-gaering. The #hree organiza-
The Godbouts have taken rsaiiy steps 'M Next are some facts and figures which will dons are the L1~merica:l~Civil Liberties
to conserve energy,. such as adding in- prove that I have conserved_ ?Ihts la ta'sen ACLII, the Ptmd for Peace's?Cen
sulation and storm -windows to their off our Iowa Power and Light bins, ter for National Secun y Studies Ci s
home and lowering their thermostat. The December . 1973 (before we took steps ?to and the atnrtiittee or Public Justice,
proof of their success is that last Decent- conserve):, CPJ.: - _ :- ,
be- they consumed 13 percent less oleo- Used, s1z kwh cast. $25.37. ` The three groups were presented in the
arl
lt
h
-
-
-- .. r.,.?,.v ..
ie - za
t
-- ~? only t. ~tfe
is aft - Used, 913 kWh; cost $36.12. three
-
- :-i_:.;--`
the face of a severe winter, are civil liberties groups only in the
Used. 32l) ccf cost $4816 '
sense that thk
are..ey are woring to set- up
Despite their heroic efforts, their en- December 1976:- __conditions under which the civil rights
Used
ergy bill was higher Iri 1976 th
791 kwh
it ..
cost $322
,
;
..
an
6
as
in 1973 Used, 323 ccf; cost, $61.79, guaranteed under our Constitution will
1- :;.. -.;
.. , v, -'_, __ - be destroyed 'MP draft le
i
1 ar ., a--
g
s
rs Ge
I.nd it to the attention of m much gas thI3,December ir we did in 1973 which congressional- sponsors are bein~
1` but the c t
sought;
os is nea
will be
l
on
th
id
cdn
.
r
y
c
s
e same It would b
red separatel
Lle
S:.ee impossible for me- to pay the bill if I had. F fist, a review of the organizatio and
Dxaa L 31DEvr CnaT : I have never b< . `tised the same amount as 7 did r? ,973 ns inriivirl~rals ~,,ons . r+ i r_
representative coin- -themselves, cooperated for deca des
with-
letter' much 'consideration. When is spine- . mented to thin fact that we had cbody going to start looking a-t:the consumers,- because this-December. 1976 was 2 conserved - totalitarian tardist-Leninist orgariiza-`
side of this crisis? 7 real - we --A + .......... ....i., __ .~__ -b-1973 _ percent
takes. mone those 3 ccf In a year'-s--1 ` oaa t.+avtCaSfug ConCerri Ior-",:;'.
Mono,,, but the consumer
it can't pay for time. When I see increases like that on. 3 individual liberties, the ACLU continues.-
. all. Why can't some. Federal money be _ccf it makes. me shudder-wha jusriges in- to have among Its lead
ers and memlier
-
made available for this? The, average and'. creases like that? How can. anyone be ex-' . ship Communist .Party, U.S.A. activists, below income families cannot continue to pected to keep up with rising costs such as "and other Marddst-Leninists who can tin-- pay prices such as we are now for gas much - these? -hIy combined bill tyith sal
t
_
ax was der nit
es
o crcumsances be considered Civil
longer. Prom all indications the price of gas $96.37 for this past December. T_ have to cut libertarians.
will go even higher and it will soon be im down on food in order to pay It and I can-
possible. to pay our bills-.-what' do we do- not continue to pay such prices. Mr. Press- In its 197071 annual repo. . the ACLU
then? Another year or so Ii1Te this and I'm dent what
I
am
to do- if gas cti t announced:
onnueso j sure many people Will have to consider go-- rise?
lnn on welfare rolls or have some assistance - The
's ACLU vast made the network a top of the
avallable to keep warm. We have no choice For these reasons, President Carter, I dead tiation vast srveilaance etwattacork a tprl--
as to where to buy gas. other- than from With* you to set iu~ some kinds of programs orlty. ? ? ? The, ACLU s attack on the po-
monopolies such as Iowa Power & Light and that would give the he consumer n't s conserves Iitical surveillance Is being pressed simui-
a break in the cost of gas
they continu
I don't see -r
t
i
it t
he
,
a
o
ow
mpose rats increase u
aneously throh
ponug a research project littgs-
Increase upon tt. Plus they are allowed is humanly possible for ine to conserve much Lion, and legislatlon action. -
e r
to pass along to the Pls ter energy cost come anymore. He Is a teacher and he slip- The ACLU's Project on Privacy And
.adjustments' elements our income by coaching during the Data Collection, called more accurately
This hatdfy seems fair to me.-Secma to me school year and painting housed in the shin- the "antisurveillance project" by ac
that that when something is sold to me at user, Yes, there are people who have not done fists, is headed by Frank J. Donner, idea-
a set amount that's what I should 'be ex- their part in conserving but as a whole most titled In sworn testimony by three wit-
pected to pay, but this energy cast adjust- families have taken means to conserve, so meat varies from month to month and is wh?,,7 not introduce a program that would 'Partarsyas a m or 20 of
years, Conn; has
passed along to the consumer. I'm very de- benefit the conserver and let those who don't P, 73 .5 A. For 20 I} onrer has
Tressed aver the f
t
u
ure outlook I fl like
,.ee pay the consequences. been a leader of the Communist Party's
Vra backed in a corner with now-hare to turn a
or help so I'm taking this rhea E is p to on of Sub-
i r el F30=1thS~ W N of ~t 8 ~t~~ 146b $
-o you and other heads or erV. W e' are find I've lost my touch and It is diltlcult to The Committee for Public Justice was
:onstantiy being asked to conserve (and type with cold hands
' _ - founded in 1970 by Lillian L-retilZtan who
believe me we have conserved) And for our I am orating for some, action to benefit
efforts and sacrifices we are thanked by - families acres the nstion such as u3. May
having to pay, these hl,h pr'
cea for an
pus d
.
Told it will go even higher.
We have done everything plbie is our
home to conserve energy and Z don't know
of anything further Nye can do. Z3 it fair that
I have to continue to pay oven higher prices
for gas? Listed below are some or the means
we have taken.
1. Insulated attic, all side walLs and put
on-storm windows in 19T4:. -
2. We have caulked around all window and
door casings.
- -
3. We, have gradually diai~,d down-?as of i
this winter (76-77) the thermostat Is set
like us--your people: I must ;ay I 'Ara happy
about the steps you have taken to cut energy
coat and consumption since you've taken
office. I'm disturbed with our local state is
the fact that they say they will not dial clown
to 65 in the State Oihce Building, Why should -
the houeholder then? x pray Cod will send
sonic answers to this problem
Tours truly, - . ? -
to 65 didn't -affect cis--I a reuly knoar-Now- BLINDING JUSTICE: THE Cr\-NI-
INTELLIGENCE AGENCIES '
HON. LARRY :~IcDONALD
 5X1
Approved For Release 2004/10/13: CIA-RDP88-01
John H.F. Shattuck II director of
*1C d _. waah!_.atoa Post Starr writers . 1 the Washington office of the' ACLU
i :?A federal judge here has issued an Fund, said that since he is a lawyer in
e*traordi,na.ry gag order that prevents . the case he did not feel it was proper
attorneys-from releasing to the press- to comment In any detail on the or-
certain unrestricted and. declassified der. He said, however, that the plain-
documents that. were. given to the at- tiffs are preparing documents seeking
torneya by.. the Central Intelligence to urge a higher court to reverse Judge
-Agency in a civil suit..-, Green's order.
= The order,` signed by?U.S. -District ? In most cases where "sensitive gov-
Judge June Green, was obtained by ernment documents may be involved.
Justice Department attorneys nearly the agency makes a rc,;ies- at the
six weeks after the CIA material" wan time the material is turned over that
turned over toAmerican Civil Liber- the documents be withheld from the
ties Union* lawyers. - - - ? public. -No such request was made in
The ACLU is representing'"Hairier- this case, and the Justice Department-
ous plaintiffs In the suit growing out- legitimate grounds
of the- "Chaos" pr,~gram; in which the to keep these documents secret:
CIA - and the National Security In numerous other cases the ACLU
Agency- agreed . to _monitor overseas and' other groups have re eased ? gov
tele
hone call
nd
bl
f
i
p
s a
ca
es o
approx.
-.
mately 10,000 radical groups of indi-
viduals in the late 1960s and early'.
1970s.
ernment documents- at press confer=
ences without. facing any successful
challenge by the agency involved.,
, As a part of the pretrial di
cove
s
ry
Attorneys who have been involved ; in the chaos suit, the CIA turned over
' in similar litigation said the order was 55 documents concerning the- program
extraordinary in that it applies to the ' - to ACLU attorneys on Dec. 30. At that-
plaint!ffs in the. suit as well as to at- time, according to ACLU attorneys,
torneys, and because it.was sought af- - the CIA' was told tjiat the material
.ter, the material was turned over.:.- also would be made public. =
They said they viewed. the situation . -? The CIA and Justice Department at-
as one in which the authority of attor- torneys lodged, no objection at the.
-"neys to release any materials they ob- time, according' to court' records, and
fain through legal court processes in said merely 'they,wanted advance no:
any litigation has been. questione& - Lice when the material .was going to
t-The- order can- be circumvented `at - be made public: - --- -
.any. time by merely attaching the doe- The ACLU then notified the Justice.
uments -to any material that- the Department in a-letter dated San: 24-
ACLU decides to file in court in the
suit. It appears unlikely that the
ACLU will take that approach;. how-
ever, since such a filing might be seen
as an act of bad faith and since the
case is being viewed as a test of a
Judge's authority to gag lawyers and
parties in a law suit.
~1 !~ is~i's1 i ; -y '
A`
?-\ :_ "
V'(TAS iNG` ON POST
31
at. a. press conference on Jan _ 31. ' A
copy of a press release concerning the
documents was - prepared- by the
ACLU and attached to the letter." -
Justice Department_'. attorneys then
filed a request for a otective order,
saying such, a manner of. public re-
lease of the materials by the attorneys
was improper.. .. ..
. The Justice Department attorneys
cited general court.rules and Code of
Professional Responsibility rules that
prohibit attorneys from making extra.
judicial statements that might Inter-
fere with a fair triaL Included in the
Chaos suit is a demand by the plain-
tiffs for a jury ti-ial, although none
has been scheduled and any trial
would not occur for months or even
years.
In addition, the Justice Department
attorneys said the ACLU press release
was a "characterization of the con-
tents (of the documents) from which
plaintiffs' counsel derive a variety of
highly charged and colored conclu-
sions." - -
When the documents eventually are
-filed in connection with a legitimate
court proceeding, the Justice Depart-
ment continued, "the federal defend-
ants will have no objection to public
- -
access."
ACLU attorney Shattuck said in an
affidavit filed with the court that the
documents at issue "reveal aspects of
Operation Chaos which have not here-
tofore been made public." - i
Approved-For Release 2004/10/13 : CIA-RDP88-01315R000100140001-1
 A j TICLE .APPJ
?x fr F ?I GE' _,% .
PUBLISHERS WEEKLY
29 November 1976
ThIv First Amendment
to have about the activities of the Central Intelligence Agency, many of
which were illegal. To prosecute N1r. Agee for publishing his book would be
extremely dangerous to Constitutional principles and extremely unfair to
the American people."
Agee's book, which names agents and details the operations of his 12
years with the CIA in Ecuador, Uruguay, Mexico and Washington, was
originally published in England by Penguin. It was issued in this country by
Stonehill Publishing Company in August 1975 and has sold 75,000 copies.
The paperback edition was released by Bantam in February of this year and,
after three printings, has now a total of 256,000 copies in print.
Agee left the United States in 1971, and after stays. in IIavana and Paris,
has been living in London since October 1972. In questions before the
House of Commons, Britain's Home Secretary Merlyn Rees reportedly
would not detail charges against Agee, but reiterated his claim that the
writer was a risk to Britain's security. Ile is reported also to have denied
that any American pressure was involved in the expulsion proceedings.
Wulf, who spoke to Agee by telephone after the deportation action
started, reported that the Home Secretary may specify the country to which
Agee will be sent. Agee may protest both the expulsion order and the
specified destination before a government-appointed panel, but has no real
right of appeal. Wulf released correspondence dating back to June 1975 in
which the ACLU tried to learn if Agee would be indicted were he to return
to the U.S. In the most recent letter to Attorney General Levi following.the
expulsion order, Wulf said; "To refuse to say whether or not Mr. Agee will
be prosecuted means only that the government prefers to play cat and
mouse games rather than to provide frank and straightforward information
to an American citizen."
A Justice Department spokesman told PWV: "The CIA referred the matter
to us some time ago. We are looking to see if there have been any violations
of federal law." Robert Stevenson, Department of Justice press officer, said
the expulsion of Agee from England came as a surprise to U.S. officials.
A CIA official said the agency was "not involved" in the British action.
"The British have their own laws and make their own decisions." In regard
to possible civil action by the CIA, the spokesman said: "We don't know.
We have no specific intention." He did say, however, that Agee, like other
employees of the intelligence agency, had signed a secrecy oath at the time
of his employment. Where the CIA can bring a civil suit, criminal proceed-
ings fall entirely within the Justice Department's jurisdiction.
Agee is currently at work on a second book about the CIA under contract
with Penguin. Jeffrey J. Steinberg, president of Stonehill, said, "We arc
obviously interested in the new book, but haven't come to terms yet." He
said the new work gives an account of how CIA operations got started after
World War 11 and how they contributed to the Cold War. "Agee has had
discussions with ex-left wing leaders and current left wing leaders on their
experience with CIA operations. The book contains first-hand information
of a potentially explosive nature," Steinberg said.
"Agee wants to come back, it is his home," Wulf told PW. "We think it
exquisitely paradoxical that someone who exposed the crimes and misdeeds
of the CIA is now the only person under imminent prosecution-and the
criminals in the CIA are home free."
ApprlE3\ftW~k6l&3W52b64/'f0/gr3 aO1 Aglq 'DMf1Qi1 1#~ 410001-1
That if Agee does return, he of course intends to participate in I e pu rc
debate on American foreign policy, as he now does from afar. To discourage
his return in anv wav is to discourage the direct exercise of his First
Philip Agee, author of "Inside the Company: CIA Diary," the American
Civil Liberties Union main called on the U.S. Department of Justice to say
whether or not it. would prosecute Agee if he should return to the United
States. In a telegram to Attorney Gen ral Edward H. Levi dated November
17, Melvin L. Wulf, legal director of the ACLU, declared that the Justice
Department had "a special responsibility" to say whether or not Agec
would be indicted because "any charge ac ainst him will implicate the most
serious First Amendment issues. If Mr. Agee has committed any `crime,' it
consists of providing the American people with information they are entitled
BRITAIN TO DEPORT PHILIP AGEE;
U.S. NONCOMMITTAL ABOUT PROSECUTION
Following the British government's announcement that it intends to depor
jved For Release 2004/10/13: CIA-RDP88-01315R000100
 rIcLL Il' 'F_AI{EI WASHINGTON STAR (GRE:S '1 LINE)
OV P,A GE___/ Approved For Release 'l'6d4 "6Elt?k bP88-01315R000100~
By Wllllam Delaney co write congressmen, especially
Washington Star Staff Writer members of the Senate Intelligence
The roughly 275,000 members of the Committee, supporting the proposals
,American Civil Liberties Union will. for stiffer intelligence controls, the
receive in this week's .mail a four- ACLU is embarked on two similar
page tabloid urging them to join the lobbying efforts.
ACLU's new "top priority" One is .its participation in " a still-
ACLU's priority" - a Cam-:-=developing coalition called the Na-
paign"toStopGovernmentSpying. c-tional Campaign to Stop Government
In the wake of congressional inves- Spying. According to Shattuck; other
tigations last spring that failed to pro-,'- early groups in, the coalition include
duce " significant curbs-, on U.S. the American Friends Service Com
domestic or foreign intelligence gath-
ering, mittee, the Urban Policy Research
.and with the ' lengthy. Institute, the :United Churches of i
.'presidential -.campaign. 'over, the _Christ,.the.Public.Education. Project]
ACLU is attempting to kindle support -,-on the Intelligence Community and
for a five-point legislative program the U.S. Jesuit Social Apostolate.
being drafted by its attorneys. The THE OTHER EFFORT -jointly
goats are: - -" funded by ACLU and the Center for
To bane clandestine intelligence National Security Studies, is the Pro-
gathering except in times of war and ject. on National Security and Civil
in the investigation of crimes - Liberties, with headquarters near the
? To make it a crime for government. coalition on Maryland Avenue NE. It
officials to lie to Congress or the peo- publishes a monthly newsletter called
.p
lesabout illegal or prohibited active "First Principles.':'-.,
tie.
? "To reward government" e.mpl . oyes Shattuck said the decision to make
who blow the whistle on. i.mp and government spying the ACLU's prime
egal
unethical goings on and protect them target was taken by its national direc-
from retaliation: tors, at meetings last winter It is
being launched now, in the post-eler--
To establish-a:n-independent special . Lion lull,,aimed at members of the
} prosecutor to police the federal gov- new Congress and the incoming Car
ernment s intelligence activities.. ter administration
? To declassify much ..information At ACLU'-. headquarters' in New
now considered secret by the govern York; Executive. Director, Anyeh
ment; .:"no " information should be Neier said this week it is impossible.to'
classified unless its disclosure would estimate how much of--the oraniza
cause immediate and. irreparable'
damage to our national defense.'.', ` tion s million annual budgetg(about
"THE MAJOR PUSH is to be ,$2.5 million of which is controlled by
going state- and local affiliates) will be ex
legislative," says director John H. F. ;? :pended in the antispying drive. '
Shattuck of the ACLU's seven.-person But he said he expects the affiliates
? Washington office, adding'_ that the to;be involved in generating support
organization has prospective spon- for.. the federal- legislative program.;
sors on Capitol Hill for the* program it_ And he feels the drive may raise the-
is drafting. ACLU's membership, which he said
In addition to urging its members ,has' leveled off since I974
25X1
Approved For Release 2004/10/13 : CIA-RDP88-01315R000100140001-1
 Approved For Release 2004/10/13 CIA-RDP88-01315R00010
'O pzra d on Chaos' illes Ordered He C3
Operation Chaos" files compiled by presidential
Order on hundreds of thousands of dissident American
in 7Est 15 Years cannot be destroyed at present, iLC-
cor :_ i"J Loa federal coLi t ruling.
U.S. District Judge June Green ordered CIA Direc-
tor George Bush not to destroy the files gathered by
the CIA at the request of Presidents Lyndon Johnson
and Richard Nixon, who feared extensive foreign
influence on domestic unrest.
Green granted an appeal that the files be "protect-
ed" pending outcome of civ'.l action by the American
Civil Liberties Union demanding the material be made
public.
The ACLU wants those in the Chaos files to get the
information the CIA collected on them.
25X1
Approved For Release 2004/10/13 : CIA-RDP88-01315R000100140001-1
 Approved For Release 2004/10/13: CIA-RDP88-0131
MONTGOMERY, ALABAMA
,IOURNA
E - 5,921
V 2 8 1976
does To FBI, CIA
Suitts
in Effort To Eradicate
Peace Panel's Spy Work
Alabama Civil Liberties Union Ex-
ecutive Director Steve Suitts has gone
to the FBI and CIA in his continuing of-,
fort to eradicate the spy work of the
Alabama Legislative Commission to
Preserve the- Peace.
A federal court in Montgomery put
the commission out of business and or-
dered records impounded and sealed
but Suitts says misinformation may
have been passed on to the federal in-
telligence-gathering agencies during
the commission's 13-year life.
Ile is asking for information about
himself and the ACLU under the feder-
al Freedom of Information Act and
said he expects replies from the FBI
and CIA within 10 days.
According to depositions given by
Edwin Strickland, former commission
director, and two commission employ-
es in connection with the federal litiga-
tion, the ACLU and other civil rights
groups were investigated and infor-
mation passed on to federal agencies.
Strickland has criticized Suitts for
circulating what he calls "selected
materials" from the files ordered
sealed and says this may be a violation
of the court order.
Suitts is distributing "court-restrict-
ed material, carefully selected and out
of context, to present an untrue and
distorted picture of the commission's
work and the defendants' motives," he
said.
Strickland said "it is apparent"
Suitts, "or his agents," are acting out
of malice "for the sole purpose of ha-
rassing the defendants."
-JUDITH HELMS
Approved For Release 2004/10/13 : CIA-RDP88-01315R000100140001-1
 Approved For Release 2004/10/13: CIA-RDP88-01315
FLINT, 1Y1ICEiIGAN
JOURNAL,
Y'; r-1 1 1 i.' f lil
e 1~r .0%,044 if if
~,o S
peacetime CIA ai.
By DANIEL A. ROGER
Journal Staff Writer
The CIA must be stopped from us-
ing spiel To gather information during
peacetime, an official of the American
Civil Liberties Union (ACLU) told
members of the group here Sunday.
The CIA represents a second, secret
government functioning alongside our
democratic government, Jay A. Miller,
associate director of the ACLU's na-
tional office in Washington, told 40
persons at the annual meeting of the
group's Flint chapter at the Country
Squire.
Miller said he was here to announce
a major assault by the ACLU on covert
intelligence gathering by the CIA.
The ACLU is seeking four reforms
of the CIA. These include prohibiting
use of spies to gather foreign intel-
ligence during peacetime and forbid-
ding CIA officials or senior non-elected
policymakers from willfully deceiving
Congress or, the public about illegal
activities by intelligence agencies.
The ACLU wants such deception to l
be made illegal.
The group also proposes criminal
action against any federal official
other than U.S. foreign embassy of-
ficers who "willfully fail to report`
evidences of criminal conduct."
The ACLU also wants protection
granted to persons who "blow the
whistle" on intelligence officials who
break the law in their information-
gathering activities, Miller said.
Elected officials, especially
members of Congress, are afraid to
monitor the CIA budget, Miller said.
"If they ask how much the agency
spends, that would make it a political
question," he said.
Estimates are that the CIA costs
taxpayers $10 million a year, he said.
"How can you control them when
you don't know how much money they
spend or how they spend it?" he asked.
The CIA has made liars out of every
president since Harry S. Truman
because it is part of a secret govern-
ment, Miller said.
Approved For Release 2004/10/13 : CIA-RDP88-01315R000100140001-1
 5X1
Approved For Release 2004/10/13: CIA-RDP88-0
SAN ANTONIO, TEXAS
EXPRESS
Y - 82,774
EXPRESS-NEWS
9 - 115.070
MAR 18 1q-765"
By JESSE }HENRY Jr.
The Cen,Ta Intblligejice Agency has become uncontrol-
]able and President For`d` and Congress are doing very
1_ttle to publicly disclose workings ot'the covert group.
. That assessment of the
CIA came Wednesday from
Aryeh Neier, executive dir-
ector of the American Civil
Liberties Union.
Neier will be keynote
speaker at 7:30 p.m.
Thursday at an ACLU
meeting to be held at the
First Unitarian Church.
his topic will be, '.The
CI.-1 - A Government
Agency Gone Berserk."
Author
The top ACLU official is
the author of"Dossieru arecent book on government
surveillance and
recordkeeping of U.S. citi-
"The reason the CIA has
gone berserk is they've
been too secret. They're out
of control," Neier ex-
plained.
He added, "There isn't
any need for government to
have a secret operation
-which it keeps secret from
the public."
'There isn't any need for the go-
vernmerr.t to have a secret opera-
tion. which it keeps secret from.. the
public'
The ACLU director said
the Secretiveness of the CIA
is alarming for many rea-
sons - but mainly because
it defeats the basic princi-
ples of a democracy.
Neier was critical of the
President's treatment of
the CIA and other similar
government groups.
"It seems Ford would
authorize intelligence
agencies to do everything
they did before without
authorization - except as-
sassinations."
lie said one of the main
objectives of the ACLU in
its probe of the CIA is to get
the agency to disclose its
budget allocations.
:RYE}I NEIER
... raps CIA work
lie said the U.S. spends
Sit) billion year'.y for secur-
ity and the CIA probably
has a big chunk for its
rV
world.
Neier also said the actual
number of CIA agents is as
E?iafsive and co% ert as some,
of the activities of the con-
troversial agency now
headed by George Bush.
The ACLU si,ntiesrnan
~t: est~d the CIA should
he limited to collecting and
evaluating foreign intelli-
Bence from open sources
such as publications- an-
nouncements and observa-
tions. Ile said its hush-hush
atmosphere is dangerous to
the weifare of the U.S.
Sued
The ACLU now has da-
mage action suits in federal
court the CIA which.chal-
lenge the agency's prac-]
tices of opening personal;
'flail and letting to
overseas phone cai!s.
fle clairned much of the
CIA's operations. if re-
vealed. would be utterly l
Approved For Release 2004/10/13 : CIA-RDP88-O1315ROOO1OO14OOO1-1
 25X1
Approved For Release ( i8( 1 T Af 8101)0001001
By Timothy S. Robinson
Washington Past Stan wetter
Former CIA Director Wil-
"liam F. Colby has testified
that the disclosure of the
agency's budget for a single
year would set a precedent
for an annual release of the
figure and in turn would
harm national security.
Comparing the dollar
'amount spent yearly on CIA
programs to the. "missing'
piece" in a jigsaw puzzle
sought by intelligence agen-
cies of other countries.
Colby said foreign a conornic
analysts could use the infor-
mation to determine the
CIA's spending priorities.
Colby also described as in-
accurate published esti-
nva?'es cf the CIA's budget
as being S750 million a year.
His testimony came in a de-
position taken in an Ameri-
can Civil Liberties - Union
lawsuit seeking disclosure of
the intelligence agency's ex-
penditures in fiscal 1974 and
its budgetary spending au-
thority in 1976.
Colby made it clear that
disclosure of the budget
would not reveal the full
scope of its operation, since
funds are often transferred
to and from other govern-
rnent agencies to finance
public and covert CIA pro-
jects.. ?
Hoever, he said he con-
sidered the CIA's budget
alone important enough to
be kept secret. He said the
U.S. intelligence community
had used similar figures
from other countries to
m,ake estimates of "certain
important things." which he
would not describe.
'ihe
Colby's defense of
CIA budget secrecy was th t
strongest and most detailed
he has made publicly, ac-
cording" to attorneys in-
volved in the litigation. He
said the agency's budget has
been subject to "substan-
tial" fluctuation over the
last 15 years.
While saying that
"intelligenca today is more
and more the study of open
material" and that even the
President's State of the Un-
ion message is useful to for-
eign intelligence agencies,
Colby said the CIA still does
"secret work."
"We are not just reading
copies of Pravda around
here," Colby said. "We are
looking a little more vigor-
ously than that for informa-
tion held by closed societies.
" . e I think we have a
problem of protecting this
democracy of ours and in
the process we need to, run
some secret operations, a, d
will in the future run them,"
he said.
The Rockefeller commis-
sion that studied the CIA
had recommended that por-
tions of the CIA budget be
made public. The House of
Representatives last October
rejected an attempt to make
the appropriation public.
Colby was questioned by
ACLU attorney John II. F.
Shattuck at CIA headquar-
ters in Langley, Va., on Feb.
17. Colby left the CIA Jan.
3o and was replaced as di-
rector by George Bush. The
deposition was filed yester-
day in U.S. District Court
here in the Freedom of in-
formation Act suit brought
against the CIA by former
-National Security Council
aide Morton Halperin.
The former CIA director
said he "hardened" his osi-
tion against any disclosure
of the agency's budget :chile
he was serving as the direc-
tor.
' He cited the case of the
Atomic Energy Commission,
which issued a total bud-let
figure it, 19_7 that amounted
to one line and 25 yea, slater
was issuing 15 p3 ges of
detailed explanations of its
budget. .
Instead of starting a dis-
closure precedent, Colby
said, he preferred that only
the congressional oversight
committees be kept aware
of the agency's bud-et.
He added that he thinks
the American intelligence
community "is in great dan-
ger of too much exposure."
Colby, who is writing a
book on his government
service, said there probably
would be no immediate ef-
fect on national security if
the agency's budget for one
year was announced. But, he
added:
"I think they [foreign in-
telligence agencies] would
just take that back and start
doing some studying. They
might study for three
months or they might study
for six months and at that
time they might start turn-
ing electronic gadzets on or
off or they Inla:a. start fol-
lowing-people around. they
might start cgver_ng things
up that were left open.
"There area .Thole :'rri-
ety of things. They might as
out and sail around the sea
in different places than they
were in the paw -various
things."
Approved For Release 2004/10/13 : CIA-RDP88-01315R000100140001-1
 25X1
Approved For Release 2~Q/ ll~LPC~IRO(1C~IbOTO~0~
17 March 197`S
Vernon A. Guidry Jr. -
B
Y
y
y,ashingcn~StarSw(fWriter tional security Council happen "
who also is suing
Former CIA Director William Pentagon official year were released, the total figure
sonly.
g1by maintains in court papers former President Richard A. Nixon,
released today that publication, of Secretary of State Henry "I DON'T THINK we would hear
figure for the ger and others for da a es for what about it right away,?? Colby respond-
,even one year's budget g ed. "I think they would just take that
CIA would a.give foreign analysts a mheotivatedalleges wataps an illegal, ho CIApolitically budget back and start - doing stud, some for three
bench mark on his home tele hone.
bl
h
valua
In the depos-tion in the "They mig
t for six
which to sharppen their estimates o figure suit Colby was asked if he months or they might study
American inteltigen in
depositrican ued against disclosure in was contending that anything useful months and at that itme they might
also Q electronic. theyet ets
Colby
a deion taken in a suit in which to- a foreign analected to cause start turninr
or off, or they might start dg ing
the American Civil Liberties Union reasonably be exp might start
damage to the nationals hersaid. "I people around. the that were left
seeks to ~ suit waannual budget f g- ?. Ch, of course not."
Neck covering thins up
ligence a~ y` year on mean the State of the Union sp. ,1'.~
ure. The suit was filed last y
both Freedom of Information Act and do ;s that. It is enormously helpful. open.
c istitutional grounds.
Approved For Release 2004/10/13 : CIA-RDP88-01315R000100140001-1
No. it is a balance problem, of
d
'
THE pLAINT'IR. F in - the case is ? Co :b
a_ course," a
Red what would
 Approved For Release 3 WI1 o)-IOK-IltJ ,)315R0
e .,,L J.! G t i V 1 i t
FOR SPYIN
Favors Punishing Official
Who Deceive Public About
Illegal Intelligence Acts
s' By JOHN Al. CREWSON
SR-dtaIto T.".e NewYordT!-mes
WASHINGTON. Feb 21-The:
American Civil Liberties Union,
in a move reminiscent of its
campaign in 1973 for the im-,
t peachment of President Nixon,
is initiating a national drive to,
generate public support for the!
reform of the American inteIli-
The most radical of the or
ganization's proposals, approv-
ed last weekend by a 32-to-18
vote of the union's national
'board, will he its call for legis-
nation making it a Federal fel-
-ony for a nonelected Govern-
ment officia! knowginly to de-
i ceive the pnhlic.
Under draft statutes being
prepared by A.C.L.U. lawyers,
the penalty for such an offense
`_. would be tae same maximum;
two-year jail sentence imposed;
_on persons who falsify their
_ - Federal income-tax returns.
- - The 275,000-member civil
z". liberties organization, which
,Ml push its drive with a na-I
tional advertising campaign andl
lobbying of Congress, is also
"calling for the abolition of all
covert intelligence activity and
`.` the appointment of a special
prosecutor to watch over the
dozen or so agencies that make
up the Federal intelligence com-
munity.
Charles Morgan Jr., head of
the union's national office here,
.,. conceded in a telephone inter-
view that. judging by the re-
action of President Ford's reor-
ganization this week of the
executive's intelligence com-
mand struett!re, he did not ex-
pect Congress or the public to
accept readily the need for such
,:..radical reforms.
Protected Plan Proposal
Amon other t-;r?Zs, Mr.
."+Inr:;an .~semd t, = new drive
-ill cal for statutory rrrtection
for Federal emp!nv?es. 3uclt as
Ernest Fitzgerald, who "hiew
the whistie" to Cnnres. or the
public about official .vrong-i
doing. AIr. Fitz;;eraid, a Penta-
.. gon management expo.-, lost
his job, and then rega`ced it
through court action, a.iter he'
had disclosed a S2 bilker cost
overrun on the C-5A airt,!ane.
The prospective iegs!ative
package, for which Mr. ?`.organ
said no Congressional sp snsors!
had yet been found, wou'd al;so
make it a criminal offerse for
public officials below the "min-
isterial," or Cabinet level, to
fail to`-r -port to t :e .creclal
prosecutor evidence of criminal'
conduct by intelligence agen-
cies.
Asked why the union on-!
? sidered such maters to be civili
liberties issues, Mr. '%1,rgan
said that voting for public offi-
cials was a constitutional sight,
that "p- ^p:.^ have to has in-
formation to Vnir" an; that
misst..Itcment= by public offi-
cials or c : ,. J:.?_t r..,\ in fresh camaign by ..did I discuss this with Hersh. I o~:=cArs:_a dT061JOYC$n::~ar.-..;i 1
Salvaging. the Sub Story
 ed For Relea /13ff5IA-RQP88-01
By early 1974, Colby knew what Hersh
know and privately cautioned the Times
not to pursue the story. In September
1974, Lloyd Shearer of Parade maga-
zine learned from a crewman on the Glo-
mar Explorer, the Howard Hughes ship,
about the quest and tried to confirm it
through Hughes' Summa Corp., without
success. Alerted by Summa, Colby some
months later reached Shearer, con-
firmed the basic facts and persuaded
recov-
him to keep mum, arguing
ery of the sub might yield some "ultra-
secret" Soviet coding equipment. - , .
By midwinter; however, a number
of other news organizations were-on to
the story. On February 8, the first edi-
tion of,the Los Angeles, Times carried a
front-page article on the Jennifer mis-
1 d rb1 A
a
n
t
g
stop, but it was meomp ee a
the details (eg, the paper placed the to say how I would act. My answer is:
. . .. ..,__.._ _..a ?t-e v.,_ chew me the Case, let me read the story,
13i:_?~
A Ott-
To some, like former CaliCOLUMNIST ANDERSON WITH MUCK RAKE forma Governor Ronald Rea-
Last week Reagan excoriated
Show and Te.N~'the press for being irresponsible
~`? r in its revelation of the CIA OP
For ,anths, right up to last week, oration. But most newsmen side
William E. Colby, director of the Cen- with the Rosenthal "case by
ch. Explains Ben-
case" Intelligence Agency, spent a good
3 ; case? approach
deal of his time on an unusual under- amin C. Bradlee, executive ed
'4 kjp
cover task: By phone calls, visits and~r~# itor of the Washington Post:
t1A i<
When you have these e decisins,
through his emissaries, Colby made con-
tact with a number of news organiza- you have a balance. d the one
tions. His purpose: to persuade them, on side, there's a claim by a gov-
ernment of some standing that
national security grounds, not to print a ti
story that they all knew about-the at-^' Fr I what you're about to print will
tempt by. the CIA to raise a sunken So- harm the country's security. And
on the other side you have the
vier submarine from the ocean bottom.
Colby's request immediately created conviction that you're being
a dilemma for the newsmen. Each or- j, . w ed" The burden, in short,
ganization had to decide whether to is on the editors to make up their
withhold knowledge from the public of minds in each instance.
a secret Government operation or pub- Watchful Press. George E.
lish a story that, as Colby argued, might Jr., the onetime press sec?
damage the nation's defenses. In short, Reedy Jr., Lyndon onetime
and
the press was face to face with an old now dean of dn Johnson and
question: When does the right of the pea n College Marquette Univer-
ple to know end and the need to pro- THE NEW YORK TIMES'$ SEYMOUR HERSH ssity's m, accept so Journalism, a view.
tect national security begin? Taking off the hair shirt. not cc pI don bal unced think newspa view. he- Personal Plea. the recent past
CIA op- telephone to official ATimes quickly William ing whatdshould orhshbusiness of ouldn't be in decid-
problem awas bout simpler. vealing Editors
few he
few qualms
orations--like domestic spying-that F. Thomas. Unable to get the story national interest. They should print the
were clearly illegal. But the case of the killed, he managed to talk Thomas into news. If every newspaper decided what
Soviet sub was different. The CIA was op- burying it on page 18 in later editions. is or is not in the national interest, you
erating in its legitimate sphere-foreign Later Colby briefed Thomas, and, says soon wouldn't have any newspapers,
intelligence; and the operation was still the editor, "publication would have had you'd just have Government propagan-hortl
s
turn going on, inColby had t, and personally pleadme
any des ward, TIME learned aboutSthe story, but claims that since Wattergat , a lot of ed-
closure for restr a risk of severe damage to U.S.- at Colby's personally telephoned re- itors and reporters are wearing a hair
U.S.S.R. detente. In hindsight, however, quest, decided not to run it because of shirt, trying to prove too hard how patri-
some journalists are wondering whether the CIA's claim that it was a legitimate otic and responsible we are. The country
the CIA wanted the story out for its own project Washington national security. The was
re of the
NBC , ABC, New.sti eek AddseColmnistt Tom Wicker
For (see Tit E NATION).
For more than a year Colby was able and the Washington Star all got wind New York Times, who criticized his own It is to keep tYork Times fisto heard of the or visit from Colby therea was an siocall pa
news organization - let1 a one so mh any
the New L t week however. -could have thought such.a story ought
salvage operation's code n p -$~tFo c ioTe o &~?Pf d rn, aRQ1 88-0133i6fRN0.100140 1} i11t7~e' '
ta~ s, in ac ~
Jennifer," but without de
A.C.L.U.
secret, revealed on his radio broadcast
the outlines of the salvage effort: At that
point the New York Times ran a ready-
to-go story by Hersh, devoting a full page
to his reportorial details.
Was it right for the Times to rush
the revelations into print" Times Man-
aging Editor A.M. Rosenthal, who had
originally Postponed the story at Col-
by's request, had been willing to hold
off until the mission was completed or
called off, or until its cover was blown.
Said Rosenthal: "The advantages of im-
mediate publication did not outweigh
the considerations of disclosing an on-
going military operation." But after An-
derson's broadcast, he felt that the issue
of publication was academic. `_In future
25X1
25X1
 STAR
WWASHI~TGTO
71
i~R 11 77 CIA secretly,
and A Approved For Release' 0/?35 CIA-RDR8"1 I
Q:: But how much control does How- their money
i v~ over what taa boar any control
a
h
cs I
9?A ,.-Z r~ and Ilug
'- executive or e
,..i rLr ?i :~. - 2-:71 does? T'nat's the prof
T
n *1?a i : 1 nave uu .,u, -- - ask
know if there is a 'ra'.+'ard Q: You
'
t even
don
3 ., .-r.- ... '- Hughes. All I know is that I've dot to in- questions.
ral assumptions about it. If any of the ans'
make seve
there is a Howard Hughes, then I A: I think.
'' `~'J have to assume that he is either sane answer the:
`^60' or insane or something else. ii I as- we should in
ume him to be sane, then I have to find out about
s
Washington director assume him to be the most secure
Q: Do you :...
an
if 1
M
~
org
Chorles
t -Z i s worse than a
, American civil Liberties Union, ; person in the United States,
f the sume him to t)e insane, tncn ~c e have, carer wthat as he i engaged in any ? cPt isnder. worse
The - ti same
gas interviewed by Washington Star turned a very highly risky or=ration P S; ru
aff Writer Norman Kempster. over to a m an who is an alles;ed nut. activities for the Ctrl other . sauce for Cne Spruce Goose
I than the Russian submarine ,_ e was
sauce.that got the.
Question: It just has been reported Now I don't want him out there Pick- caper? Spruce Gander going. and.
at the CL contracted for an under- ingup free hydrogen bombs, u, 5 i. A: Well, I would say with-. that sauce is money.
;?arership with a cover story that it 'tug around with anythinC C.e Cr. out any Im.owledge of any-
)elonged to Howard Hughes. You risking that my country gets into i so co?czrr about under-
13ve been sharply critical of this ar- war. Now if it's not Hug;-es, thing other than the public Q:.i:;:r should the CIA be
and not Hughes' crew, and documents and public seas research?
-argeruent. 6 there is a risk that we may records, we are putting a
Nforgan: The he problem to me is that i go to war over that ship, remarkable amount of A: I Won't know what you
:he executive contracted out the war- then that's even worse. American money into do with all these nuclear
naking power to private corpora- Q: Do you believe the , underseas ventures. We've submarines and all these
-ions. The press reports that we're got ships roaming loose, scientific ships and ven-
CIA has a right to contract small submarines, tiny tures gcisg on. Maybe
.Veeg the army in Saudi around with private corporations to
got a ship roaming around engage in any of the e ? things built by corporations we're just in collusion with
.o'e've Dose someplace out there- Well, good activities that the CIA en- over here, the Defense De- private oil companies and
heavens, to turn a ship like that over I es in? partment and every place private mining companies
oing research for them
:a Howard Hughes! I should add one gag else. And I don't really doing'
thing. These views are my own. A. Let me go back just a know what we're doing in and finding out where
There are folks in the ACLU that little bit. In 1967, we were the sea. All I lciow is that minerals and oil are.
would disagree with me and on much shocked when we found out we are doing something
You've spoken infor-
of what I may say the ACLU has no the Student Association. there. I assume we are Q:
pn_;i"on. Now I have an equal shock doing it undercover and the mally of underseas explorer
when I find out the CIA us reason that we're doing it conJaqtuesextCoo Cousteau he fit
Q: you ;ay the ship was turned Howard Hughes undercover is because .
Now when I look around at apparently we're doing into this?
over to I:ughzs. Wasn't the Hughes funding
.ceIection just a cover story to con- soething wrong. If we're A: As I un?_'erstan3, Cous-
domiro something right then tabu is November 197
real CL4invol> emaat? the kinds n thin=s that
tell every then
A: How do I know it's not turned have happened to Huehes up in Pensacola;
about it and tell them chat showed
L-1 his ship, The cola-
over to h tn? So, (CIA Director cWil- a that an average citizen it we ought ought et so. He said he came tor re-
lia;. B.) Colby says it ency.? Tw can couldn't f for tthet past i seve al search into the red rich. The
v,u believe in that agency . Teo lie. years: C: If we could get back to earc tunate part of that
%car5 they've spent learning to lie. an antitrust eze*.-lp- a the GIo~.ar Explorer. Do venture is, the world's cut-D
rnedi- '; ey lie by rote. Is there a difference tax for
on
:
between Hughes and the CIA7 iorsn his Y ou know of any other co/- star. ';^.g oceanographer got.
cal foundation, r,on z ttra- rzt.ons conducted by the at th season when
Q: Is there? Are you saying they dition from the balm- ert o p' the red tideisn t a problem
etas, great ?ust:ce De= h?
areth?sa't partment efforts to keep a k: I just don't know You go beyond that and, he
A: I don't know. We ought to look United States grand jury about that. I read an article does say he is doing
into it. from indicting him in Neva- in the March 1975 American search on a U2 type of cam-
ce any indication in 1 o J. da. I look at that and I say Ce ion `argiale eft end p up era tngb about elec9 c 78. ? en-
e Do you ha to myself, "\ti'not are ~' e
l tionr I I didnf gulf,
r than this recent situation with aying that fellow for?" saying that Hughes, ship is sots through
t .e ship that there is a co.*utection? Secondly, if you have covert the only ship that's ready to studying Fo
go to mining underseas. If know that Cousteau worked
A: Well, certainly, certainly. operations through an
(Former Hughes aide Robert) 't/1 1nQu v.-here's American rican the cor checkpor on ati that? on. 75 the percent mineral or we80alth of percent of the for U ithe government oft the
United Stags. but I do e. can t now
estified, according
v;
ton Star, in his d;toositi the nhi ;ar? Does ?orld is enders ws gad So, at in his law- V; o runs the
P,~ that sh,n does also mane, lion, i Just know the story's
suit against Iii es that in 1960 he or gees the C A? co t ~I nr then ha ve w f i:,an Ld there.
was asked by iitl~ltes to forma link s He then i-..crests rncrF;er V-._. at hap s`. P to nq ne underseas ans_
0 of and ! t a U.N. r,.,o:uuon as
p . - ed.
-,teen the CIA and and sails Tool. %1,, ,t e CG 'i "l +l
~ -
~
?'ent further and said t:Iat he ns -,%z hey
d not do that. Secondly, he said that [,et into trouble? Do we go I i:nderstand it about the
he'd been w,;,_;:.;iae on an inteliiitence out and defend them? Is it a o..vnershin of the underseas. mission in is in Miami and Iiu_ n~a war contracted for o; the
had tried to su:::non him back to Los
Angeles, or is Vegas, or someplace
and he refused to go. He did identil'y.
the agency - the Centrh~i??Intelli-
Bence Agency. Fie _. _ __ d For Release 2004/10/13: CIA-RDP88-01315ROO0100140001-1
t"tegoiM
what he'd been working on but I
t'i.nk the peon ie of this country are
25X1
 5
20 MARCH 197s
.-h Apr ed ar Rele e 2 ffoift
a
By Stephen Isaacs
Waaninston post Staff writer
News executives who sup-
pressed un i1 yesterday ac-
counts of the CIA's attempt
to salvage a sunken Soviet
submarine .insist that their
decisions to withhold stories
on it were sound. -
For instance, A. Al. Rosen-
that, managing editor of The
\ew York Times, said, "C4 e
were told that this was - an
important, ongoing military
operation.
--We believed in this case
that the advantages of im-
mediate publication did not
outweigh' the considerations
of disclosing an important,
ongoing military operation."
Seymour Hersh, an inves-
tigative reporter in the
Washington bureau of The
Times, had been working on
ila9irsst*
the story on and-off since
late 1973. CBS, National Public Radio, of other kinds of
"I wrote the story," said . NBC, Time and Newsweek. where stories are withheld, story in type several weeks
Hersh, "and the CIA came The nation's top intelli? such as kidnapings, cases ago, Thomas says, in the
running in to stop it. I cer- pence official scurrying where justice -might be im- event that it was published
,Jot a commitment ?
tainly around Washington to see paired, and the like. somewhere else.
from working [Rosenthal] at news executives is a highly
keep working on it. unusual action. Post Publisher Katharine Colbys argument with all
was to convince him noat him that evening, for Graham, to whom Colby the editors and publishers f
the national security wasn't On Tuesday instance. Colby and two first made his plea to.with- he cacaLed was that hat other pub
e loan red." hold at The Post, said, "Peo? he s had t the that
The Times, like The Wash- aides visited the top brass pre are coming to me with
ington Post and other news. of the National Public Radio things like this all the time. the CIA waned time to at-
which network was on M a Street _NW, In this case, it was very tempt to complete its opera-
papers that had been shorter which was readying a story low key and very rational- flan and did not want the
pe on the story for
it
periods. published it yester- on media suppression of the not unlike many decisions learn of it
day after columnist Jack submarine story, then went that come to us of varying Sovizts to ColumalC rnf said
Anderson revealed some de- across the street to the stu- importance. Sometimes they t tails of the project over his dios of hBS News. come to the editors some? Thomas, did not have some
radio show. "This happens more often times to me. of the facts that other re
n d e r s o n said, "Since than the public might htink," I think. Colby used a of thes had that were more
l
Watergate, the editors them- said Benjamin C. Bradlee, rational argument and he
`leant to the national
selves are going along with executive editor of The laid out the facts as he saw signsecu-Jica including the faal
the establishment. The estab- Washington Post. "And them, and we evaluated the
een nt, the Cabinet, have when you have these de- facts as we saw them," she that the submarine was
been shaken with what hap- cisions. you have a balance. said. equipped wits nuclear-tipped
pened. gnat the press can "On the one side there's Editor Bill Thomas of the eorppdes.
topple a President. The press a claim by a government of- Los Angeles Times, whose "If you compare what Jack
itself is shaken by it. facial of some standing that paper orim nally published
"A lot of editors and re- what you're about to print a brief version of the sub- Anderson based his story on
porters are wearing a hair will harm the country's na- marine project on Feb. 8, is with what the rest of us had
shirt -sackcloth and ashes tional security. fully confident he made the who didnt publish, you
and lace and they're over- "But on the other side right decision not to co fur m- cht have some factors to
doing it a little bit trying to you have the conviction that ther until someone else pub- consider," said Thomas.
prove too hard how patri, you're being conned, that lished.
what is at stake is not any That night, CIA officials Anderson said one factor
pro and that we'reible not we antst are, national security, but just itinde in his decision to
prove a,ai reached him a few minutes
e that we're
plain embarrassment after an early edition was air the project was that
the establishment, the ;o
gad l~:nt, that we're not all se clec :arced make on the streets with a front- someone else was parming
these decisions with h incom- page story on the project. to make public the story. i
?a The plete information and with The someone else identified
''The country'," he said, speed. This decision was The stor did 1 not had have some himself as n
"leas better served by a made, and so be it. I do not any details--and _\:nerican Civil Liberties
watchful press." today have information to incorrect - and Thomas
it to Page IS in later Union Director Charles
'3orar..
CIA Director William f:. know whether it's true or moved
Congo would not ans:ver false that the national in editions. as much for that.
clue tionn yesterday as to terest was harmed with the he says, as for the Ct:1's llorgan said' he told his
lea. board last Friday that '`I:.
o many media organiza- pEab?.ication this mornin,. P
li
he only place where you After to?l.kr; hcith 'iCr, C !he American press is cor.
tinn es lie had contacted to The'
try to stop public i , rfs Ci:A a eats a,-.([ %vith t=ot ed by file CIA, I Yc~s
'It I ? 1 1'4 : 6-> R8$tQI345ROG s100,14ooot1'-lita:e the ACLU
0th, en inchiiled too ex :f ;~rIs h assigned resh.iters to ur- puoiisn the SWE'C. not onl;:
The Times, The ~v aSlliil {- not !lure 1'd believe tlla?nl' the !CI.1. sentt:r E: but
then evaluate the stf,.y. u
ton Yost. the Los _An,eles an}~vay'.'
l;leht Ce{.)Ul-CE't5 wUl?cied on it, t.'OIYfr'Ul of the press."
25X1
 NE'I YORK TI rES
10 MARCH 1975
004/
C
1
7
MP@8e#b3~l 0 "*4ft0d1-1
,Approved F r Release as
-
10/113 :
T
~
1 ~
T;
s 2
A
/1
~' .A.. ink AIIef od in SJ DE10~dlli i 1l t L die oral oncer ed from the
L an, once concerned the assas
In a Plot fr fi
Representatives Draw 800
to East Side Meeting
CRITICAL Opp, CI..A Jo'rn D. `?Iarts, co-auti:or of
~+ K ] ~}'~ ?-I1-;. C.I.A. and the Cult of
L ? 1L! Dictators Intelligence," said: "I don't
Time magazine reported yes-
terday that it had been told by
"credible sources" that the
Central Intelligence Agency had
been "involved in assassination
plots" against the Caribbean
leaders Fidel Castro, Rafael L.
Trujillo and Francois Duvalier.
The magazine said its
"sources contend that the C.I.A.
enlisted the hired-gun help of
U.S. Mafia figures in several,
unsuccessful attempts to killl
Cuban Premier Castro both be-
fore and shortly after the
C.I.A.-planned Bay of Pigs in-
vasion of Cuba in 1961."
It said the sources reported
that the agency got the help
of two underworld figures, Sam;
Giancana and John Roselli in,
efforts to kill Mr. Castro by
poison, shooting or bombs. It
said the Federal Bureau of In-'
vestigation later learned of
these attempts while investi-
gating a burglary of the come-
dian Dan Rowan's hotel room
in Las Vegas. It said the F.B.I.,
learned "the arrested prowlers
had been assigned by the C.I.A.'.
as a favor to Giancana, who
sought information to break up:
a budding romance between
Rowan and Giancana's girl
friend, Phyllis Mcguire."
The magazine said its sourcesI
asserted that the C.I.A. "backed1
the successful drive to over-',
throw" General Trujillo, whose
31 years as dictator of the Do-
minican Republic ended with
his death by shooting in May,
1961. The sources said the.
agency thought President Tru
jil!o was "geting too friendly;
with the Communists" and "no-:
body wanted another Cuba in!
the Dominican Republic."
It said the C.I.A. "collabo-
rated with Haiti leaders of a'
group of at least 200 rebels"
who tried unsuccessfully to
overthrow Mr. Duvalier, dicta-
tor of Haiti, in 1963. It said the
rebels were stopped at the Do-
minican border when they tried
to invade Haiti. .
Costa Rican Link
MEXICO CITY, Nlarch 9 (UPI)
-Jose Figueres, former Presi-
dent of Costa Rica, said in a
t:o'evised interview broadcast.
tc av that he worked for the
"20,000 t'
think there's any body in this
room who beiieves that Lee:
Haney Oswald acted alone."
He said he had a "visceral feel-i
ing" that some figures in the;
By PAUL L. MONTGOMERY murder had C.I.A. connections.;
The Representatives on hand
Six Democratic Represents- _-Mrs. ?,bzuz, M.liss Holtzman,
tive$ attracted an audience of Herman Badillo. Mario Biaggi.;
800 on the East Side yesterday eBnjarnin S. Rosenthal and,
fora town meeting, on the con- Edward I. Koch-indicated they!
troversy over the Central in- favored a resolution by Repro-!
telligence Agency. sentative Henry Gonzales that
The Representatives, all of the Kennedy case be reopened.,
whom took anti-C.I.A. positions Former Representative. Al-i
of varying severity, were pep- lard K. Lowenstein. who was)
pored with questions frrmr, the) in the audience, urged that the
audience about the current Con-I murder of Senator Robert F.
gressional investigations of the Kennedy in 1968 be included?
agency, possible links between in an re-examination of the
the C.I.A. and the assassination. assassination.
of President John F. Kennedy,
and the 6.5-billion in Federal
funds spent annually for foreign
intelligence gathereing.
Representative Bella S. Ab-
zug, who found at a hearing
last week in Washington than
the C.I.A. had been keeping a
dossier on her, was asked if
the intelligence agency ought to
be abolished.
'Government nto Itself'
"The C.I.A. has become a
government unto itself," the)
Manhattan Congresswoman re-'
plied. "They seem to consider)
themselves above the executive;
branch of government, the judi-I
cial branch, the lecislativa
branch and the Constitution.!
That is the question-whether!
the C.I.A. in its present form
should exist at all."
The gathering at Julia Rich-
mond High School, 67th Street
and Second Avenue, was spon-
sored by the Committee for
Public Justice, a part of the
American Civil Liberties Union
Foundation. It was founded in
1970 at the urging of Lillian.
Hellman, the playwright, to look:
into acts of the Administration
of President Richard M. Nixon
in domestic intelligence, secrecy
in government and political
trials. -
Members of the audience
paid $10 for reserved seats or
$2 for general admission to the
meeting. Warren Beatty, the
actor, who is a member of the
Committee for Public Justice,
introduced the participants
and apologized to Elizabeth
Holtzman, the Lro^:ayn Con-
gressman, for say inL, that she,
:vas founded. He said he be-; represented Fichmon!_.
-ver' other Latin-.American
Pia ;idents had also ..