“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”
“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”
“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”
“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”
“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”
“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”
“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”
“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”
“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”
“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 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”
““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”
“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 ”
“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”
“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 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”
“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”
“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”
“: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”
“TOP SECRET 5. 1. Mr. diGenova. The John McCloy exceptions' to that rule, they .1 2. are the only ones that are protected. 3 Mr. Aaron. That justifies Charles’ view that there are 4 some similarities between Ford Foundation and. Government 5 sponsored activities. 6 Mr.”
“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 31 1 Senator Tower. Well, I oppose it either by statute or 2 by regulation, so I would suggest that those who favor the 5 concept determine whether they want to do it by either statute 4 or regulation. I am opposed to doing it by either. 5 Senator Schweiker. I w”
“22 Mr. Kirbow. But if I hear correctly what you are saying 23 then, we are out to protect the American media from being.made % 24 pregnant by the CIA and not worrying at all about the reading 25 public or the other,, but just the. media. HW 50955 DocId:32423513 Page 22”
“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”
“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”
“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”
“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”
“- 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 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”
“TOP SECRET 16 1 talking ■i about less than 25 people, where you are going to make 2 a statutory prohibition against use of all people in that 3 category because on page 61 it says, "of the 65 Americans 4 employed by the CIA in the media field, only a little over 5 one”
“-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”
“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.”
“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 7 1 Mr. Kirbow. That kind of relationship is something that 2 we should stay away from because I don’t see any harm in it, 3 nor do I think the record demonstrates any harm in it. I don’t 4 see I don't know how in the world this person doing that ,5 taints the mi”
“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”
“more jhretthatsas-de vo. th * r* t.e - : :: - E1.. 17 : 1 2 Mr. Halley. No. I answered that, that I don’t recall 3Iany such conversation where Helms told me could or could not I mean, ■ ' this was not a, subject that was being discossed. x think the frame of reference at”
“TOP SECRET 11 1 academic, like you say, that teaches the student directly, 2 but a businessman who happens to have elected going into the. 3 business of running a newspaper or a magazine, to be singled 4 out and say you as a patriotic American are proscribed 'against 5 ”
“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”
“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”
“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”
“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”
“$ ........ 4 a • .8 Mr. filler. Tha’:! "rilif;"x he hasn’t heard the recommendations that thir be dona by others. It’s just an Liea to be considered. ■1 -Mr. Kirhow: He’s read it I reserve on this. 5 Mr. diGenova I‘r not gure that’s Mr. Inderfurth. Well, the military ”
“(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”
“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 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 ”
“information it would disclose." Mr. Hoover, the FBI. direct tor, approved the bug The Senate Select C ommittee on Intelligence cites 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”
“- 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”
“statute, 20 by statute, which means by law, the CIA should be prohibited. 21 from using American,.media organizations for cover. We apparently 22 have 65 people, a portion of which are being used for cover, 23 and apparently they consider them to .be an essential asset, o”
“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”