““r -iF. i 45 re agreed upon at the Tfevpl that were left out. Mr. Aaron. I have on here. Mr. Kirbow. Well just for your information, there intents to be 'several things which were not just an occasional |one but several things that were agreed on at the staff level t”
“uld like to bring to the 24 attent ion of the committee, if I may, there is a question 25. NW 66 000 Docld:32266459 Page 5 376 377 * 1 in my mind, as your chief counsel, with regard to the present σ 2 resol uti on that exists concerning the au thri ty as the base 3 for this commi”
“Commission report. 29 Now as the first recommendation, I think that we have 23 agreed at the staff level to take out - the brackets and put a . 24 footnote which would, make it clear that while the primary 25 mission- of the CIA would be to collect denied, or protected fo”
“THE PERTINENT OBSERVATION THAT IT WAS A QUESTION FOR THE GOVERNMENT TO DECIDE. IF IT WAS DECIDED TO SUBORDINATE CLAN- DESTINE ITELLIGENCE OPERATIONS IN THE FIELD DIRECTLY TO THE "APPROPRIATE : GEMENT COULD AND WOULD BE MADE. THE 93 I PRESSION BY MR. AARON THAT. AT LEA St ”
“TOP SECRET 37 1 Mr. Miller. Mr. Hart of Colorado’. 2. Senator Hart of Colorado. Aye. 3 Mr. Miller. Mr. Baker. 4, Senator Baker. Aye.s 5 Mr. Miller. Mr. Goldwater. 6 Senator Tower. No by proxy. 7 Mr. Miller. Mr. Mathias. 8 ■ (No response.) 9 Mr. Miller. Mr. Schw”
“10 minuten. Mr. Dallums. First of all I would like to point out A 10 12 that I think these hearings today are extraordinarily important because it raises me of the most dangerous risks of uncontrolled intelligence-gathering capability. It may be that what we are listening to toda”
“0f . NCR ha § 5 Senator Huddleston. Tthink it’s probably material to also to have a firmer granr when, we start discussing- and defending the report maybe, even to the extent of having specific figures. I think it's highly unlikely that they will let that stay 5 in ther”
“exception, I would have told you up until the beginning of this current public discussion, that 24 was the way it went, and that nothing went outside it, and 25 that the Agency and the Defense Intelligence Agencies, with TOP SECRET HW 50955 DocId:32123106 Page 2.”
“policy. If we want to keep the 23 CIA out of U.S. media both at home and abroad, and we want 24 to extend, that to stringers as well, then I think it ought 25 to. be done by statute rather than just a recommendation by TOP SECRET WARD a PAUL HW 50955 DocId: 32423521 Page”
“TOP SECRET 35 1 which have been authenticated by the Agency, that there are 2 some 60 Americans who are affiliated or are part of American. o media organizations around the world, part of a larger network 4 of some 400 journalists and the like who are part of the Agency'”
“W— -NNNW- 4 1 air too, I would expect. 2 Before we get into the substance here, I understand that our new mandate is if possible to complete ours no later than 4 Friday. So we're going to try to shoot for tomorrow. 5 What the Chairman would like to do would be for us to”
“100 -referential treatment nrf advancement within the Agency. D Is that what we’re Ervina to get to here? Mr. Kirbow. They say it’s within the clandestine services ] that the covert operator gets more advancement within the 5 clandestine services side of the house than”
“Schwarz admitted, however, that some type of arrangement- would have to be made to insure that the Intelligence Community had some protection against unauthorized disclosures by staff j members of the SSC. _ / Enclosures WOC:ebe, CONTINUED - OVER (7) 202 1 ENCLOSURE 42 1”
“ion that exists concerning the authrity as the base 3 for this committee to operate on. Th ere is in my opinion 4 5 6 7 a grave question of constitutionality, not with regard to the ability of the Congress to be investigating, but with regard to the way in which the resolution th”
“have a vote. Let's go back 20 to 46, and I take it that the' recommendation is that this 21 prohibition that the CIA .has imposed upon itself ought to 22 be written in statutory form. 23 Mr. Bader. That is the recommendation. 24 The Chairman. All right. Let's have a vot”
“s•0„ 2/1%K a: a 121■ Mr. Kirbow. Senator thn individuals, we don’t have any 2 great big record that there were rogue agents out there in the FBI doing this. There ware rogue policies down at the ' headquarter ‘% Now if you have the same kind of, rogue policy in a new 5a”
“sently exists is worded. 8 9 10 11 1 2 13 14 15 16 be able to present to the committee, at the ne xt session, a sort of preamble to the resolution stating what I s ubmit would be the appropriate basis for this investigation, so that if and when the ma tt er of the constitutionali”
“wasn’t clear whether the 21 counter-intelligence committee was the appropriate one. 22 Mr. Aaron. Well, on that point, the purpose of setting 9’7 *-0 up the counter-intelligence -committee is essentially to look .24 at the domestic impact of our intelligence activities,”
“TOP SECRET 31' 1 Senator Huddleston. We ought to move on. 2 Mr. Aaron. The next section is proprietaries and cover. 3 Senator Huddleston. I just wonder if in presenting this. 4 these three, these four, now, that we have just approved, it 5 would be of any value to assert”
“TOP SECRET 34 1 phone calls and overtures, and it is a former Director trying to 2 gain a benefit. It is an unseemly situation, and they labeled . 3 it as a conflict of interest which ’ they sought to avoid, and 4 in fact they- did, and they are praised for it in the rep”
“not be precluded and would still 22 exist. 93 Now it goes on to state that in doing this we would also 24 recommend authorizing the 'CIA' to carry out the recruitment of agents within the United States for this purpose. And it goes i 25 TOP SECRET ARD & FAUL NW 50955”
“W-”• o*P•% 85 ; for this paragraph, that Be review and that he advise the President and the committee if in his opinion any of these practices violate the Co istitutional rights of American citizens ■ *.! or any other laws. 5 Mr. Kirbow. 1 I would fee I. much better abou”
“A3"r 77 52% 43ML, a 13 fair one . we have testimony ht Helms’ disposition on this was very clear. When he nianed the estimate it was his estimate and it really wasn’t the hoard’s estimate 1 Mr. Maxwell. Perhaps it might be useful because. I think 5 it is clear that he i”
“rel 4 *#:itV* bl it doesn’t Senator Mathias. I think on page 36 and 39 it ought to refer to domestic operations. A ; Mr. Kirbow. I think we might want to consider too that 5 there’s an extensive section of the domestic activities of the 6 CIA coming into the domestic t”
“@r.*G RH 125 outethe agoncies indivitollv: Leave ttt the FBI and the CIA. 2 Mr. Miller. I think naming them is a good idea. Senator Huddleston. Tguess this gets into the domestic 4' task force also. - R Mr-. Aaron. Yes. The Committee will want to look at that. 6 Now ”
“gy.Pj *24%K8I 51 1 Mr. diGenova. Well, ves. In this case they penetrated 2 Burbank, California and other companies, mostly defense contractors building planes in order to find out they had 4 security risks, a laborer or an executive inside. 5 Mr. Maxwell. It was witting”
“TOP SECRET 38 1 fowl of the other. 2 Senator Huddleston. I think; we've already said that ■ 3 pressures sometimes were brought to bear and we make recommenda- 4 tions to correct that. 5 Ms. Culbreath. Mr. Chairman, could I suggest that maybe if 6 we do delete that, tha”
“TOP SECRET , 110 Phone (Ar»a 202) $44-6000 13 1 me say, since my opinion has been asked, that I had a most 2 discouraging- talk with the Attorney General a couple of weeks 5 ago. I went down to talk to him about privacy legislation and 4 the Department of Justice at ”
“4 * -P •. : Frograms of the CIA and ■ T that are conducted inside the SiUnited States both from the standpoint of their legality. Now I think it’s possible to consolidate those recommend- tions so that we don’t say it twice, and I also think it's possible to take out an”
“TOP SECRET 39 1 Mr. Kirbow. Mr. Chairman, may I suggest that maybe 2 perhaps we use this type of part of .the investigation and what 3 we know from certain of the other files to prohibit this type 4 of conduct by law in the future in our general recommendations? 5 ' Sen”
“TOP SECRET 36 1 first of all, and then we’ll take up 47. ■ 2 Mr. Miller, will you call the roll? 5 Senator Huddleston, Mr. Chairman, I think I am probably 4 the only one that has suggested that it should not be statutory, 5 . and I would just point out that that might b”
“is that the Committee 24 recommend that the CIA, by regulation, handle this matter 25 rather than make it statutory. TOP SECRET WARQ & PAUL NW 50955 DocId:32423521 Page 32”
“TOP SECRET .50 1 that's the one that ran all of the problems. . 2 Senator Huddleston. You do mention that somewhere, don't 3 you? 4 Mr. Aaron. It's not mentioned specifically, but it might 5 be possible to say, you know, maybe you can put a footnote on ■ 6 the first par”
“TOP SECRET 65 1 committees, when we want, I think, to be able to go to the 2 Congress and.say, we recommend most strenuously that only these 3 two methods be used for funding, rather than providing a third 4 method, and someone says, well, maybe we- should have a fourth .”
“- S’ r 1 Now the next paragraph C Mr. Kirbow. Could *‘8 take these one at a time because these are rather critical? 1 Mr. Chairman, one of the things that came before this r; Committee when I guess it was Hr. Colby testifying and at each 6 meeting that Mr. Miller and ”
“TOP SECRET 40 1 our recommendations. -dlb 2 Mr. Aaron. Okay. begin 2a 3 Mr. Maxwell. Well, Charlie, correct me. I think the 4 proprietary section would be the appropriate section because 5 that would be where it came up most,,unless there is another 6 one that you see mo”
“ue from Illinois. We have heard testimony this morning tha t various telephone companies aro un d th e country have participated or been involved, implicitly or explicitly in illegal wiretaps. The question I would like to ask you da: If that is true and telephone 19 21 22 compani”
“.long for this commit too -orrimend to another comid tree that 9 maybe they ought to do metbin but I guess it’s all right. Mr. Aaron. I’m a raid we do that quite a bit. a + Mr. Miller. We’re just laving out the agenda. r. Mr. Kirbow. Which is not binding on them. Mr.”
“TOP SECRET 29 1 Senator Tower.- No. 2 Mr. Miller. Mr. Church? 5 The Chairman. Aye. 4 Senator Tower. I don’t think it is going to affect the 5 outcome, so I ask consent that he be recorded. 6 Mr. Miller. The ayes have it. It is six to four. Mr. '7 Mathias is still in”
“Palw* 33 1 routes. 2 Now, the way I originally had it written was "A former 3 Director of the Central Intelligence Agency sought unsuccess- 4 fully to influence the sale." However, if it was left that way, 5 people would have to guess at which one of these guys did this”
“66 knowing. 2 .Mr. Kirbow. Bill because you and I both know Senator o Mathias’s previous intentions stated in the letter to the 4 Chairman, was there somewhere a discussion about releasing 5 this piecemeal ahead of time that might. that should go on the 6 record here? ”
“# €-i 71,38 z- TOP SECRET 32 1 Mr. Kirbow. What page are you on? 2 Mr. diGenova. 67_. 3 At the bottom of page 67 is a bracketed quote about 4 Admiral Raborn, a former Director of Central Intelligence. 5 Now, if my memory serves me correctly — now, first of all, 6 this”
“- 94-2-b - ■ IF we had the authority and capability to have made an objective probe.of this sensitive.activity we may have been able to have surfaced these obviously ridi culous procedures in such a manner that corrective action would have been taken. Now is the time to p”
“• *4Al.• Mr. Kirbow. Andede% sav no should rovles it in kind of a general recommendation, then you talk about all of the intelligence functions having any possibility of affecting 1 the laws of the United States. 5 : I really would like to see that kind of requirement (”
“0 0 3 I am glad to. 20 Mr. Baron. There may be one way you can help right now. 21 I know that before we. started today Bill Miller, the Staff 22 Director of the Committee, indicated that the Committee would 23 be interested in hearing you out at great length on policy ”
“collection efforts and clear only those’ ' ■ staff personnel with an absolute "need to know” about such systems, : and that documents related to such systems be handled in a compart- mented fashion by the Select Committee. The responsible departments and agencies would be gla”
“51 TOP SECRET 51 1 and saying we examined proprietaries, we found them to be — 2 they had problems but basically they were all right. 5 Mr. Inderfurth. Couldn't that be in the body as well? 4 Mr. Kirbow. .The one thing we have failed to do on this 5 Committee'is where w”
“io n stating what I submit would be the appropriate basis for th is i nve sti gat ion , s o t hat if and when the matter of the constitutionality arises, we 17 are properly and fully bottomed. But I would not do that unless 18. given such direction by the committee. 19 ດ Frankly,”
“h *** r ! D r -: E D IN C S Senator Huddleston •ot is come to order. Mr. Aaron. The agenda today is to proceed with the DCI i 4■ I section and in addition we would like to get the Subcommittee’s : 5 if you will substantive arrroval of the paper on the production j o”
“and 20 call in intelligence matters to put the Attorney General and 21 his staff into the agent procurement business. 22 Senator Hart. Not in the agent procurement business. 23 Mr. Kirbow. I mean with knowledge of agent procurement. 24 Senator Hart. Well, the Attorney G”