“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”
“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”
“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 ”
“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”
““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”
“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”
“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”
“@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 ”
“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”
“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,”
“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”
“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.”
“• *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 (”
“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”
“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 .”
“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”
“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 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'”
“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”
“.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.”
“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”
“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”
“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”
“classified to outside, non-governmental review. It is against this background that, in response to the committee's request, I cite our few technical reservations about the mechanism established by the joint resolution to achieve this same result. I intend to address only Inte”
“RECOMMENDATIONS WHICH GOS WOULD CARE TO MAKE ON OR OFF THE RECORD. COS MERELY COMMENTED THAT CONGRESSMAN MILFORD’S, PLANNED LEGISLATION SEEMED EXCELLENT AND NOTED THAT THE AGENCY WAS NOT ATTEmPTING TO AVOID RESPONSIBLE 4 OVERSIGHT BY THE CONGRES, BUT ADDED THAT A SECRET SERV”
“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”
“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,”
“TOP SECRET 76 1 others, recommended very strongly that there be more unofficial 2 cover.. 3 I think the Agency has been under considerable pressure 4 throughout its existence to do that, and as Joe pointed out 5 there are certain limits to what it has been able to do. 6 ”
“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 ”
“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 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 « 10 107 Phone (Area202)544-6000 1 explanation that he gave me verbally twas that the fact that 2 the Committee had notified the Department in its letter of 3 June 27th that certain cases that we were investigating were 4 abuse cases meant that any interview”
“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”
“4I'a>8*2:a I 13- %support both. 2 Mr. Aaron. Would that include supporting the Executive Order provision being in tho law or just supporting? 1 Senator Mathias. And the Presidential - why don’t R 7.7 05 he ambiguous? 6 Mr. Kirbow. We endorse the concept.. / ry Mr.Da”
“A -44.*1%. :# '.31 be developed within the Froutivo Branch. 2 Mr. Miller. You can do this in various ways by requirement creporting to the Congress. •1 ■ Mr. Bader. On page 19, top of the page, we come to the 5 hard problems here, and this section is addressed to the q”
“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”
“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”
“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? ”
“nil: TOP SECRET 5 1 All right. Without objection, then, that will be. the 2 decision of the Committee.. 3 What else do you have? 4 Mr. Aaron. We have two other recommendations. 5 Senator Hart of Colorado, Mr. Chairman, could I be recorded 6 in opposition to this? I 7 T”
“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”
“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”
“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”
“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”
“-3- .Y. •,2 * those staff members with appropriate security clearances .. and a warskserks need to know.' ”7.5 Testimony taken in Executive session or papers■ and other materials received by the staff shall not be . made public or disclosed to any person outside the Commi”
“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”
“A€..%*n-5 words on paper. It tries Fo not at the problem of what are the 2 I programs and are they doing their job? 0 Mr. diGenova. Who do they make the recommendations to? The CFI? Mr. Aaron. Yes, or the President. Mr. Maxwell. One remark in connection with - '1 / ”
“W' O Senator Huddleston. Could we solve it by just having a o1 narrative statement at the and of all of these recommendations relating to the DCI to say that the foregoing, preceding 1 recommendations would, if carried out, substantially strengthen 5 the role of the DCI”
“***** Iconcern that it not iliete that we had found seme evidence 2 that we had just not revealed. e Mr. Bader. Perhans it would be helpful. Senator, but nt the same time the Administration has come forward with 5 Language of all political assassinations, which seems to ”
“14 2 v. wNa6 IT6 - . 14 iso far would have legislative authority over. So we’re really just recommending here that in this statute they provide the framework under which these kinds of reprogramming can be a done in view of the fact that we are extending the DCI from hisi”