“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. Phone (Area 202) 544-6000 29 126 1 and this is what they feared all along, and the whole intelli 2 gence apparatus would be gravely -weakened and the men in the 3 field would be jeopardized by investigation of this kind. 4 ■We take that chance with this kind of”
“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”
“distribution within the United 20 States or its territories of any book, magazine, article, 21 publication, film, or video or audio tape unless attributed 22 ■ to. the CIA. 23 Wouldn't that take! care of it? .24 Mr. Aaron. If that is what the Committee intends, that 25”
“Sdoxes Gil TOP SECRET 109 -6000 12 Phone (Area 202) 1 They have fgivemussa good many documents, doThey nets. 2 have not given us the documents on the controversial matters. 3 They’ve given us plenty of documentation on less controversial 4 matters. 5 The Chairman. I t”
“TOP SECRET 44 1 Now, the obvious public relations value of Mr. Welch's i. . 2 death, the .first time in history the DDO and the DCI go to . 3 a funeral in public, they never did that, and there is no doubt 4 that they tried to make political hay out of his death. I 5 thi”
“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”
“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”
““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”
“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”
“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”
“:A: fir. Aaron. I jure think st in drantine the charter n ; r 9 actually you can just say rott recommend by statute or you could say that the Committee recommends that it be removed or moved back - and- you can leave it to the PCI. to do it. 5 Senator Huddleston. lust”
“es primarily to apprise the employee of his or her dilemma. OGC will request further advice from the Attorney General. Should the most pessimistic development come to pass, the situation will be more political than legal. The رد fact is that time is of the essence, and any stretc”
“strictly political matters. We believe that, at a minimum, when CIA is asked for a memorandum that inquiries should be made of SKORET - 27 -”
“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”
“with the CIA as it sees fit on an individual agency basis. His motion carried and the Council proceeded to other business. SECRET”
“TOP SECRET 72 .1 note that back on page 67 where we have struck out the reference 2 to Mr. Raborn and intend to expand on the pressures having 5 been brought to bear, part of that expansion should include 4 a statement’ that there is no — or that the Federal Disposal 5 ”
“iemployees? Mr. Kirbow. Well if r could tell vou what my position on it is, in speaking, to. Both Bloomfield last night I specificall 1 iasked her -well, she savs that's to.give them something out • F there to take out so that we’ll have enough left in here that 6 would”
“oper telligence task force;. John El- closed, 212-hour meeting that ations, noth foreign and do liff, head of the domestic in ’he had been authorized to mestic. '■ telligence task force; Alton H. write another letter to Pres The Idaho senator said the Quanbeck, head of the ”
“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.”
“operations such as those that led our country into the most counterproductive covert operation in our nation's • history — the war in Vietnam. Did the secrecy imposed by Bellino with in your Committee advance the security of the United States? Or did it insure the greatest h”
“their staffs, which was granted after the normal briefings and signing of the - “-secrecy oath: ; S. Armed Services Committee - Appropriations Committee S. ... . Aeronautical and Space Sciences Committee May I reiterate’ the points I made on Friday: * a. No material is bei”
“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”
“TOP SECRET 19 1 Mr. Bader. The CIA? 2 Mr. Kirbow. Yes. 3 Mr. Bader. I would assume that they would have extended, 4 their prohibition to this, or on the other hand one could argue. 5 I don't know, what their motives' were. It could have been they 6 felt that this, the”
“information it would disclose." Mr. Hoover, the FBI. direct tor, approved the bug The Senate Select C ommittee on Intelligence cites t”
“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”
“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”
“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 ”
“(12511.:5 A7 -90*16.2 a 717 1' and he can't do that if he doesn't know when one of the agencies 2 of the Federal government might be breaking them. .It’s a chicken and egg situation. 1 Mr. Kirbow. You think he should approve the policies or 5 the actual procurement of t”
“iwr SE-KCI 30 1 CIA prohibition" and you see the words "proposed" and 2 "statutory" are in brackets, reflecting uncertainty on our part o. as to whether it was the intention of the Committee that this 4 prohibition simply be a CIA regulation or embodied in the 5 statut”
“TOP SECRET 8 . 1. Mr. Kirbow. Well, perhaps I misunderstand the extension 2 that you, your full recommendation. 5 Do you want to go beyond where the administration is in 4 their position? 5 Mr. Bader. I am recommending to go beyond where the '6 Administration is at th”
“but the truth, so help you God? 7 8 Mr. Breckin ri dge. I do. 9 Chairman Church. Mr. Schwarz will c ommence the questionin 10 this morning . 11 12 Mr. Schwarz. Mr. Colby , did you have some th ings you want ed to supply to the Committee? 13 14 15 16 17 18 19 20 21 22 23 24 Photoc”
“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”
“Pie SECRET 20 1 Senator Huddleston. The assumption is if the media of 2 the press is subverted, that it will affect the citizens, or 3 they will suffer.: 4 Senator Hart of Colorado. Mr. Chairman, in the interest 5 of expedition, I move the passage of these three recomme”
“w this matter to s ee whether we can not I have a 24 25 j ust eliminate that practice ent ir el y, c ontinuing the proprie- tary and continuing the use of p rivate investigators as cover :: Photocopy fr om Gerald Ford Library TOP SECRET SR. FORD LIBRAR NW 66 000 Docld:32112724 Pa”
“;of the. defense report which is the substance of that, has been e. discussed at great length with the Defense Department and they are happy with it except well, happy with it may: be an ■4 exaggeration but they have no problems with it except for the 5 numbers and the Com”
“Ivr ootm GoMo. Ea L 21 1 Senator Tower. That is not a law, that is a regulation. 2 Mr. Aaron. And CIA's own regulation. o The Chairman. But then it was adopted as part of the law, 4 I thought you said. 5 Mr. Bader. No, sir. I said it has been made public 6 through the”
“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 4 1 and inquiry into it has been thorough, and I think we know this 2 well. There is no dispute from the Agency. 5. Senator Huddleston., Weil, is the law inconsistent with 4 the statute on the information service? 5 Mr. Bader. It is the same .thing. I would r”
“-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”
“of CIA proprietaries. I mean, we are 20 trying to bring them out and see what the impact is on the 21 budget,, where do they, fit in. 22 Senator Huddleston. Can they do that, though, without 23 identifying the proprietary and where .it is located and whatever 24 Mr. diG”
“IUR DCLAEI 3 1 The reason for that is because the transcript frequently 2 will contain classified information and the Agency prefers for 3 that information to be kept in our secure area here. So I 4 would like to ask you to waive your right to receive a copy of j 5 your”
“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”
“subsidy of any 'books, 22 magazines or other publications not attributed' to the CIA in- 23 side the United States. t. 24 Senator Huddleston. I think we can all accept that, can’t 25 we. NW 50955 DocId:32423513 Page 6”
“TOP SECRET 21 1 the CIA should be ' prohibited from using American media organiza- 2 tions for cover. 3 Senator Huddleston. . Well, the style of this ought to 4 be changed, it seems to me, because one of the recommendations. 5 instead of listed under recommendations, is”
“TOP SECRET 34 1 the. Committee that the CIA do it, because the CIA regulations 2 may or may not issue, and they can be changed at any time without notice. 4 Senator Tower. Well, Mr. Chairman, aren't we talking about 5 two different things? 6 I don't mean foreign, you ”
“that was giving us cover, and f or reasons of overload we as ked them to have their own people to d o a few of the investigations. 21 22 23 24 25 just eliminate th at pra ctice entirely, continuing the proprie- tary and continuing the use of priv ate i nve stigators as cover :: P”
“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”
“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 ”
“out there. The four that are hot are the Congress Lor %5 oversight and the CIA budget paper, although the budget section TOP SECRET VARD 2 PAUL NW 50955 DocId:32423509 Page 70”