LETTER TO WILLIAM J. CASEY FROM QUENTIN CROMMELIN, JR. RE: TRANSCRIPT OF REMARKS REVISION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP83M00210R000300060005-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 17
• Document Creation Date: December 20, 2016
• Document Release Date: February 28, 2007
• Sequence Number: 5
• Publication Date: May 8, 1981
• Content Type: LETTER

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l STROM THURMOND, S.C., CHAIRMAN
ES MCC. MATHIAS, JR., MD. JOSEPH R. BIDEN. JR., DEL.
~LAXALT. NEV. EDWARD M. KENNEDY, MASS.
OR RIN G. HATCH, UTAH ROBERT C. BYRD, W. VA.
ROBERT DOLE. KANS. HOWARD M. METZENBAU M, OHIO
ALAN K. SIMPSON, WYO. DENNIS DECONCINI, ARIZ.
JOHN EAST, N.C. PATRICK J. LEAHY, VT.
CHARLES E. GRASSLEY, IOWA MAX BAUCUS, MONT.
JEREMIAH DENTON, ALA. HOWELL HEFLIN, ALA.
ARLEN SPECTER, PA.
EMORY SNEEDEN, CNIEF COUNSEL
QUENTIN GROMMELIN, JR.. 6TAFF DIRECTOR
Dear Mr. Casey:
'2s I Cr~Yf eb ,~ifaf es ,$~enaf e
The enclosed transcript of your remarks is attached to
afford you the opportunity to review and correct your testimony.
Only changes in diction or expression or in the interest of
clarity, brevity, or accuracy, or to correct any errors in
transcribing are permitted. If changes in substance are desired,
application must be made to the Chairman.
If corrections in your testimony are not necessary, please
return this transcript as soon as possible.
Please write all corrections legibly and in CONTRASTING
COLOR directly onto the attached transcript. If a lengthy insert
is necessary, staple it to the page of origin with point of in-
sertion clearly marked. DO NOT RETYPE TRANSCRIPT. Also, please
supply at this time, any documents or information requested, or
that you offered to submit for the record during your appearance.
Please also assist the Committee by inserting a centerhead
each time the subject matter changed during the hearing. These
headings are to describe the subject matter which is to follow
and should be inserted at about a minimum of one heading every
three pages of transcript copy. Centerheads enable quick refer-
encing and assist the Committee if an index is prepared.
Please return the transcript WITHIN FOUR WORKING DAYS after
receipt so that your remarks, as revised, may appear in the
printed hearing; otherwise the Committee may not be able to
incorporate your revisions.
Return the material involved to the attention of Mr.
Paul Guller, Chief Printer, Senate Committee on the Judiciary,
2226 Dirksen Building, Wash., D.C. 20510. I am enclosing an
addressed, franked envelope for your use.
Sincerely,
Quentin Crommelin, Jr.
Staff Director
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1 STATE~3ENT.OF WILLIAM J. CASEY, DIRECTOR, UNITED STATE5
2 CENTRAL INTELLIGENCE AGENCY; ACCOMPANIED BY JOHN H. STEIN,
3 ASSOCIATE DEPUTY DIRECTOR FOR OPERATIONS, CIA; AND FRED
RITZ r~ LEGISLATIVE COUNSEL ~ CIA
Mrb Casey: I am pleased to be here, and I Would ask
what my prepared statement be inserted in the record, and I
will give- you the- gist of my-
I'lr.. Casey:. Early last:-month I appeared before the
statement orally.
Senator Denton: It shall be done, sir.
10 House Intelligence Committee on.Iegislation and testified on
tt the House ve-rsion of this bill With both Chambers
12 considering- this legislation, I am very hopeful that we will
13-soon see. enactment of a measure that will finally put an end
14 to the pernicious and damaging unauthorized disclosures of
15__inteZligence identities.
We need criminal penalties as soon as possible on the
17 unauthorized disclosure of information identifying certain
18 individuals engaged or assisting in the foreign intelligence
19 activities of the United States. This Administration
20 believes that the passage of the Intelligence Identities
21 Protection Act is essential to the maintenance of a strong
22 and effective intelligence apparatus. Enactment of this
23 legislation is vital to President Reagan's determination and
24 commitment to enhance the Nation's intelligence capabilities.
25 Mr. Chairman, there exists a tiny group of Americans
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~ who openly proclaim themselves to be devoted to the
2 destruction of the Nation's foreign intelligence agencies.
3 This group has engaged in activities avoxedly aimed at
4--u adermininq the Nation's intelligence capability through the
____ __
5-Identification and exposure of undercover intelligence
-Tfiose gergetra-t-inq these. disclosures understand.
g correctly that secrecy is the lifeblood of an intelligence
that disclosure of the individuals-engaged
fa._-that activity and whose identity is deliberatelg
~~-.concealed Kill.disrupt, discredit, and they hope ultimately
1.2 destroy an agencg such as the CIA.
-Some- of: the persons engaged in this activity have
14 actually traveled tQ foreign countries with the aia of
15 stirring up local antagonism to U.S. officials through
`_-ffi thinly veiled incitements to violence.
Nr. Chairman, I. might say that since taking the post of
~$ Director of the Central Intelligence Agency only a f ev
19t~onths ago, I can confirm that these disclosures have
20 resulted in untold damage' and, if not stopped, rill result
in furtherdamage to the effectiveness of our intelligence
22 apparatus and to the Nation itself.
` I am appalled at the degree to which concerted activity
24 is being carried out around the world to destroy the
25 capacity which is critical to our national security, and
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~ which has been painstakingly developed over many yea=s with
2 the full participation and support of the Congress and an
3 investment of many billions of dollars.
The traggic results of these unauthorized disclosures
5 have bees reviewed by Senator Chafee so well that I will not
6 take your time to qo into all the details, except to say
that just a #ew weeks .ago six Americans were expelled frot?
$ Mozambique following charges of engaging in espionage.
9 These expulsions followed and were directly attributable to
1Q visits to that country by members of the Cuban Intelligence
11 Service and the editors of the Covert. Action Information
12 Bulletin.
So this._is a continuing threat that hangs over our
14 heads which can result. in serious damage, increasing
15 discouragement, and .retirements of people engaged in this
16 activity who have developed years of experience which i s
17 enormously valuable to our national security.
18 Mr. Chairman,.I do not think it necessary to go into
19 great detail about the adverse effects that these
2a disclosures are having. Simply put: The credibility of our
21 Country and its relationship with foreign intelligence
22 services and. individual human. sources,. the lives of
23 patriotic Americans serving their Country, and the
24 effectiveness of our entire intelligence apparatus are being
25 placed in jeopardy daily.
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Extensive hearings before the House and Senate
2 Intelligence and Judiciary Committees have documented these
3~damaging effects. The underlying basic issue is a fact that
4 our ability to continue~to recruit and retain human sources
5 of intelligence whose information could be crucial to the
6 Nation's survival in an increasingly dangerous world, out
T equally important relations with the intelligence services
S of-other nations, are in continuing jeopardy a$ long as ve
~ are? exposed- _to this threat.
10 It is important to understand what legislatian in this
11 area seeks to accomplish.. It seeks to protect the secrecy
12 of the participation or cooperation of certain persons in
13 the Foreign- Intelligence Service of the 6nited States.
14 These are activities which have been authorized bg the
,15 Congress, activities which we as a Nation have determined to
to be essential. Secrecy is essential to the safety and
17 effectiveness of the case officers and the agents, without
t8 which no intelligence service can operate. It is essential
19 to get individuals to undertake this delicate, demanding,
20-and frequently dangerous work.
21 No existing statute clearly and specif ically makes the
22 unauthorized disclosures of intelligence identities a
23 criminal offense. As matters now stand, the impunity with
24 which unauthorized disclosures of intelligence identities
25 can be made implies a government position of neutrality of
400 VIRGINIA AVE., S.W. WASFIINGTON? D.C. 20024 ( 0 554-2345
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i not caring about the matter. It suggests that II.S.
2 intelligence officers are fair game by those members of our
.3 own society who take issue with the existence of the- CIA, or
'~ find other perverse motives for making these unauthorized
5 disclosures.
I aright say that other intelligence services around the
T world, aad other nat;ions;- the leaders of other nations,
?d=witness this. continuing spectre where the United States
f.:,'
gTleaves its--people->7tro have undertaken this work exposed to
:,.
_ ,...
10 this kind_ af' risk a:nd look at it with amazement. Yon hear
11 it wherever' You qo.
12 I believe it is important to emphasize that the
13 legislation which you are considering today is not an
~? assault on the First Amendment. It would not inhibit public
15-discussion and debate about U.S. foreign policy or
intelligence activities. It would not operate to prevent
the exposure of allegedly illegal activitie s or abuses of
R
authority. It is carefully crafted and narrowly drawn to
18 deal with conduct.which serves no usef ul informing function
20 whatsoever. It is. not related to alleged abuses. It does
21 not bring clarity to issues of national policy. It does not
22 enlighten public debate. It does not contribute to an
23 enlightened and informed electorate.
24 Iir. Chairman, there is virtually no serious
25 disagreement over those provisions of this legislation which
ALDERSON REPORTING COMPANY, INC,
400 VIRGINIA AVE? S.W., 1MASHINGTON, Q.C. 20024 {202) 554-2345
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~ imgose criminal penalties on the unauthorized disclosure of
2 intelligence identities by those individuals who have had
3 authorized access to classified information. Controversy
4-has centered.on Subsection 601(c? of S. 391 which imposes
5 criminal penalties on. the disclosure of information
6 identif yang a covert actioa by anyone under certain
T specified conditions.-
8 Disclosure of intelligence identities by persons wha
9 have note had authorized access to classified information ':,
10 will be punfishable only under certain specified conditi ans
11 which have heen carefully crafted and narroaoly drawn so as
12 to encompass persons only engaged in an effort or pattern of
13 activities designed to identify and expose intelligence
14 personnel and impair our intelligence capabilities thereby.
15 The proposed legislation also contains offenses and -
1fi exceptions which reinforce this narrow construction. Zt is
17 instructive in this regard to Look at the elements of proof
~$ that would be required in a prosecution under this section,
19 keeping in mind that the government would have to prove each
20 of these elements beyond a reasonable douht.
22 intentional disclosure of information which did in fact
23 identify a cover action;
24 That the disclosure was made to an individual not
25 authorized to receive classified information;
ALDERSON REPORTING COMPANY, INC.
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Lp1-_r I A _ R r1 PR3 ~A OO7'I O R OOOR(]MRO(1O.r,-~
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The the person who made the disclosure knex that the
~ inf ormatioa disclosed did in fact identify a covert action;
That the person who made the disclosure knew that the
4 United States was taking affirmative measures to conceal
-:5 covert agent's classified intelligence affiliation;
That the individual-making the disclosure did sa in
'-:course a-f a -"pattarn o# activity intended to identify and
And. that the disclosure was made "with reason
~~Q"`believe that snch activities would impair or impede the
> #o=eigu--intelligence activities of the United States.
12
Because of these strict conditions. which narrowly
13 def ine the prohibited conduct, I believe it is clear that
,
~4 this- subsection is directed~at conduct which the Congress
15 has the authority and power to proscribe consistent with the
--15 First- Amendments and that this bill does so in a
17 constitutional manner.
18 I~r. Chairman, I understand that the Department of
f9'Justice believes that the Senate version of the bill better
~ captures the concerted nature of the?activity which is
_.
21 intended to be proscribed than does .the House bill, and. tha t
22 there are prosecutorial and evidentia=y advantages to the
23 Senate language. I believe the Department's witness will
24 speak to this matter.
25 2ir. Chairman, S.. 39? will deal with a clear and
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400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 [phone]
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~ immediate danger r~hich currently each.and every day
2 endangers our iatelligence activities, our staff officers,
3 and the lives of those who are cooperating with our Ration
4 abroad. -
I want to express my gratitude and appreciation to the
fartiard, aad to- reiterate the hope that it will be enacted
ff into Iar~ as -quickly as possible. so that this intolerable
- _:_ .
`~ sstuation zs: remedied: aad no longer pe=mitted to- exist.
1Q = xill:::-he- happy, dir. Chairmaa, to answer any questions
t~ tha t" you or anybody else may have..
~=subcommittee for so promptly hringinq this legislation
12
[The complete statement of Kr.. Casey folloxs:l
- - ALDERSON REPORTING COMPANY, INC,
_ ._ _400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 [phone]
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? ~ 49
1 Senator Denton: Thank you, ?!r. Casey, for your most
2 expert and helpful testimony. I will be very brief in my
3 questioning in view of your time constraints.
4 Let me say at the outset that, while you have evinced
5youur sense of being appalled at the situation which we are
6= new addressing= .with-.-such incredible tardiness, from my own
- --
T~-background I can assure ns a21 that from personal contact
=8--with-high-ranking communists that they too are amazed,
3-=amused, and highly -glease.d that such a situation at which
1Q`-you are .appalled exists..
I did hear you. saYr~ sir, that. there is no existing
12 legislation which adequately deals with the problems of
3:,.disclosure which S. 39? is formulated to address. ~iay I ask
14~ what teps, if anyr the CIA may have taken to tighten up its
1~--security practices and cover for its own agents and
And would the Agency develop standards for cover
17~sufficient to protect its covert employees from
18 identification, if this bill is passed and prosecuted
19 properly?
20 Hr. Casey: dell, we take extensive Arecautions to
2i equip. our agents, and indeed our case officers with cover
22. and identities which facilitates the conduct of their task
23 that is assigned to them, and to protect them from both
24 disclosure of identification by foreign intelligence
25 services, and disclosure and violence from any source.
ALDERSON REPORTING COMPANY, tNC,
400 VIRGINIA AYE.. S.W., WASHINGTON, D.C. 20024 [phone]
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Senator Denton: Can~Congressional oversight and
2 legitimate official and unofficial scrutiny of intelligence
S activities take place without the likely revelation of
4 intelligence identity?
5 Mr. Casey: Well, our experience with Congressional ~.
;..
6 oversight and the informing of the relevant committees about
? our proposed. and actual operations has not resulted in any
8 serious disclosure at all, as far as I know. Much of the '
e conversation,.- which .takes place with the committees geae rally.
.. _,,_
10 describes what we intend to do and the risks and other
11 things that may be involved that seem relevant to the
12 adequate understanding and proper oversight, and very
13 unusually does it take us into identifying the particular
14~individuals who will undertake the particular mission. So I
t5 do not see any risk there at all for the oversight process.
16 ~ Senator Demons ~ My final question, -sir: I am not even
17 a lawyer, but I cannot help but be somewhat impressed tha t
18 the offense which we are trying to establish as culpable
t9 Would result in a punishment of a fine aot to exceed $15,OOQ
20 and imprisonment of not more than three years or both,
? 21 considering-the deaths which have resulted and the harm to
22 our national security which can be translated in terms of.
23 peacetime terroristic activities or wartime situations into
24 deaths.
25 In your opinion, are the penalties provided in S. 391
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~ sufficient or severe enough for the proscribed activities
2 mentioned in the bill?
3 dir. Casey: T~lell, I would not be opposed to more severe
4 penalties. I. believe, however, the fundamental requirement
5 is that we establish the illegality of this action, the
s~criminal nature of this activity, and .that we do that as
7 promptly as possible. So I would not be inclined to
8 encourage,-the imposition of more severe penalties if that.
8 were to result in a delay in the enactment of the
10 legislati:on..
Senator Denton: I entirely agree, sir.
Senator Leahy?
Senator Leahy: Thank you, Mr.. Chairman.
Lr.. Casey, I am always delighted to see you before any
15 of our committees.. I would also want to commend your
18 department for some help that they provided for me and my
17 staff during the past few Weeks. It was extremely well done
18 and very professionally done, and I appreciate it.
19 dir.. Casey: Your visits were very helpful to the morale
20 and spirit. of our people.
5enato r Leahy: Thank you, sir.
22 I found an interesting thing in preparing for this that
23 the American Civil Liberties Union and .the Keritage .
24 Foundation in what was probably an historic moment held
25 hands on one mayor item; that they feel that the issue is
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I am concerned on that, as I know you are and I know
5_others here, I see Mr. Maury in the audience, and others who
6-have expressed the same concern i~ one regard or another. I
T know that. many agents'
identities have
been uncovered
--- - -
-8 -th-rough -the us-e of the State Department's Biograptric
g~~Register, _L`must ad~arit an item that I vas not aware of.~untiZ
~~
10 Iw got oa the committee and started lcokinq throagh~ a copy. of
91 it.- I understand that Register is no Longer in~general
13 document<
12 circulation, but it~ is still published as are unclassified
not so much disclosure made by the press or public, but the
question of. adequate cover for intelligence officers abroad,
something touched on by the Chairman earlier.
-Have you discussed the problem-this might create with
15-Secretary Haiq?
,.
16 Mr. Casey: Yes, I have, Senator. I think generally
1T speaking we are getting a high degree of cooperation on the
25 Senator Leahy: It occurs to me that both the ACLQ and
23 with respect to all-steps necessary to provide maximum
24 cover.
22 think we will get full cooperation in the Executive Broach
21 impact it would have or might have on protectinQ~cover.f I
20 Biographical Register, and that is under discussion noW the
49 resuming of the publication of the State Department's
18 provision of official cover. There has been sort of a
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~ the Heritage Foundation are correct in suggesting that na
2 matter what kind of laws we might have, if we do not have
' 3 adequate cover there is always going to be somebody, for one
4 reason or other, who is just going to go iato something
5 relatively easy to discipher and make a big thing ont of
6 just passing them out, no matter. what their motivation might
T b
8 Mr. Casey: Even the State Department`s Biographic
9 Register took a certain. amount of interpretation. It Baas
~~ not always accurate; but with the nature of this kind of
1t activity, it~does not really matter too much whether it is
12 accurate or inaccurate, insofar as the damage it imposes and
13 the disrespect aad impairment of morale it creates. So the
14 publication of false information is almost as damaging as
t5 the publication of the correct information.-
It is really the "pattern of activity? that T think the
17 legislation will address, and the thing tha t needs to be
18 proscribed.
Senator Leahy: Do you know, or has your office came
2~ across cases where the names of agents were disclosed with
21 reasory to believe that that disclosure would impair or
22 impede the foreign intelligence activities of .the IInited
23 States, but at the same time felt that the person did so
24 without any intent of. neutralizing the agent or imFairinq
25 our intelligence activities?
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dir. Casey: dell, I think that-there has been
2 occasional publication in the press which divulged the name
3 in the course of writing an article intended to generally -
.:
,, ~. _.
4 inform the public; yes. I do not believe that that kind of
~" - .: .,
i.
5.~ one-shot publication would be reached by this legislation,
This bill goes..,;-.to the active use' of the information .for
"particular' purpose ~in a particular. way. As Senator
hafee? s~ d-istingushed IIncle put it:. It is note the svinginq
..gyn.. .. ... . -
i x
^l.
t0 of~ the arm.. that is prascribedF it is the smashing of the
t1 nos.e.
12
Senataz Leahy:- But you. also agreed, however, that
13 under this laY~ ve could be dealing simply with one
..
14- publication, but a series of events leading up to it.
15 ~ Hr... Casey: dell, ve could be; .yes. There yon have got
,
16 ."acted in
-the coarse of a pattern of activities intended to
1T identifg and expose?. unless the primary purpose is to
18 divulge a single agent's name, I do not think it would be
19 reached . .You have . to have a course or a pattern of
.te
r
_ ~;_' ` -
20 activities 'intended to identify.
21 Senator Leahy:.::. But it could be one disclosure, but
22 pattern of"activities leading up to one disclosure.
23 I~r. Casey: The disclosure I think .would have to be
?? - .
24 part of a pattern of activities.
25 Senator Leahy: But it could be a_single exposure.
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Mr. Casey: It could be a single publication.
2 Senator Leahy: I may have other questions, Hr.
' 3 Chairman, but I will- submit them for the record. I know the
4 Director has to qo to a Cabinet meeting.
And I think I should communicate here that Senator
9 We - wool-d_ Like to ~ thank you very much, Mr..: Casey,. and
8 being held-up. He will he here as sawn as possible.
~ Biden is delayed because of a train accident, all tts`e~ trains
~0 hope that you get to your Cabinet meeting on time, sir.
Senator Denton: Thank you.-
Mr. Casey:- I appreciate it very much. Thank you.
Sena-tor.. Denton : Our next witness is Richard. K.
13 Willard P Counsel for Intelligence Policy, Department of
14- Justice<
Good .morning, Iir. WillardP and welcome.
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