CIA RELATIONSHIPS WITH ACADEME

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP05T00644R000100170006-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 23
• Document Creation Date: December 22, 2016
• Document Release Date: May 6, 2009
• Sequence Number: 6
• Publication Date: February 11, 1977
• Content Type: MEMO

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11 February 1977
Assistant to the Deputy Director
SUBJECT: CIA Relationships with Academe
The attached paper, "The CIA in Academia" by Professor
Gordon B. Baldwin of the University of Wisconsin College
of Law is submitted as an addendum to the Inspector General's
memorandum of 9 February on the subject.
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. Mr. Ben Evans
Executive . Secretary.
Central Intelligence Agency
Washington, D.C. 20505
. Dear 'sir. Evans,
-. of May 24 from Van Alstyne to Bush. - It is hard.
I enclose herewith a copy of the.AAUP Conference
Newsletter which contains, I believe, the letter,
.for me to determine what parts of the Newsletter
,.,are actual quotes because the Association seems
.-'to be sparing in its use of.quotation marks.
I also enclose a draft of remarks that I may make
at the National AAUP Meeting. Because I am
unclear as to the precise format of the "pan.el
academic footnotes, etc., and possible revision.
offer these comments for publication with appropriate
? discussion," it is unlikely that I would be
able to deliver all nineteen pages, but I may
in the AAUP Bulletin.. I would, of course, be
grateful for any of your comments..
Sincerely,
Enclosures:
As stated.
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National Meeting of AAUP
Santa ?.Barbara, California.
June 1976
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In obedience to the injunction about disclosi
n ..
sponsors, if any, I covenant that there are none
and that I
am only a Professor of Law. For a
convention I served in- the Department of d
t
a
e :
as Counselor on International Law.-,The thoughts
--
and not necessarily those of ^the Department of
St
ate, or of any other Government Agency.
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An old story illustrates the differences among
at midnight looking for a black cat that-isn
philosopher is,like a'blind man in a dark cellar
a lawyer, a philosopher, and a theologian.
there. He's distingu-ished,from.a theologian in
that. the, theologian finds the cat A lawyer,
however,. will snuggle a cat in under his overcoat
and emerge to produce the animal in triumph.
:1f the "black cat", symbolizes CIA -vrcongdoin.
on campus, then, I believe, the Church:-Committee
First,. the Committee stressed what is neglected:
report reveals the character of
vital and that in the majority of CIA's relations.
here -- that foreign intelligence gathering is
with academics there 'is - no cat. Agency-inquiries,
relating to -a subject's professional competence
.should be encouraged, are desirableF the Committee
Operations with respect to Intelligence
. the Select Committee to Study Governmental
gence, Books'l, II, and III, Final Report of.
S.Rept. 94-755, .Foreign and Military Intelli-
'Activities, 94th Cong., 2d Sess.
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the Committee concludes that it is improper for
ends --.and should not be forbidden.*
academics to have a confidential relationship
with'CIA -- although some of us dispute that
conclusion; and thirdly, I believe the !.Committee
"imports a cat by suggesting some wrongdoing that
just wasn't th
ere to.begin witho. Whatever the
accuracy of the Church Cornmittea's
?facts, we can't easily ignore their challenge
namely, that "it. is primarily the responsibility'cf
the American academic. community -L ,set the pro
fessional and ethical standards of,i.ts members."**
bear two points . in min
.as we respond. First, the
standards should we follow
whether or not CIA violated its mandates in the past
Second,. if we establish sti ,.ards._they should be
neutral. Professional guidelines and standards that
are dependent upon whether or-not
policies of the United States are n.ei.ther helpful ,
an individual,
_...-._.......
'happens to agree with the present. or ...past foreign
issue is what now? .F1 x ,
hereafter, not si'mplv
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S. Rept. 94-755, Book I, pp- 189- 191.
* S. Rept. 94-755, Book I, p. 191.
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we don't necessarily have to reach the same con-
1, 1. 1,Vut tee, we can't ignore, the past ---- but
President, Bill Van'Alstyne. Bill's most recent
elusions as the Church Committee, or as our distjlgu.shed
publication of?.".propaganda; " alleged "operational . .'?
sponsorship;" CIA contracts with scholars for the
tions of CIA wrongdoing; failure to disclose CIS,,
letter to George Bush* focuses upon three. l lArrn_
use of academics by CIA.
As to.-the first point, the critical:. issuer
Bill says, is that the reader of a journal
take into.account whether a publication is written:,
by someone "sponsored" by CIA. One cannot cruarr 1
ledge his : employer,' s identify, but it is more di'fi-
----yam 4V j..1 x zrze writer's responsibility for
.~..~.~~ . associations.
to Bush is in Chronicle of Higher Education,
17' Mai.r I al 9Z .. - _
a
p erConference Newsletter, 26 May,
l.
9 7 0_ 'Ph ~ 1Y Y E A 7. 1 t_ ~ r
Letter of 24 May 1976, Van Alstyne to Bushes
AAUP Ch
-
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]Perhaps we
could acrr~a
? Sponsorship" for purposes of decidin
note an g ho v to foot-
inves
tigator's article.
. Y don't thin
k
~c?~ould. be helpful
.'however, because man
?f affiliation P, ar.d c egree
In a footnotes ,..When someone write
about tt,A
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uence one's.aPProach and it r
s
manifestl
associations infl Y personal
Impossible to list them all
Our
association with the
AAUP is surely open., but
thos
e
L'.ho write on'constitutin,;~,
and invariabl -_11 a.Lways
y lest their mempersi
of It, by footizoted'
if any, or lacy
Lion - MXd1 assodi
may a
be
more relevant to the author' s cons 1u-;,
sions tha
n attendance at Yale.'
Or
Political affiliateion of the e current
author, be revealed?
should the rule bJiat
ose of Congress, should th
.President and Powers O f the' -
th ?
about the one >-ra tes
Proper balance between tha
e, or should we ha
ve any at all?
;T answe
rs. are not self-evident.
S age-ee, however
that knnt:, r~, ~L
of a. doc - ..., L sponsorship
ument he1
Ps the reader..
at the Look, for example
Church Co
mmittee's report which i
IS contained
in an awesome t?
ilo
JY of books dribbled out to the
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UUbJ,1c, part by part. We have received about. 2, 000
pages in three volumes. Let us remember what We
learned during the .950's about - Commi.ttee reports.
They do not, however revealing, establish facts.
Indeed, that is not their primary function..
fundamental purpose of a-Commil'--tee Report to,
further legislative purposes by gathering and dIs-
tributing legislative findings.. Witnesses. are
carefully selected and screened. They are note
cross-examined.-- the proceedings are often
televised and are more inquisitorial than adversa
The Church Committee's procedures seemed fairer
the. result was one-sided. The targets of a report
may, or may not, be allowed the - courtesy of seeing
.a- draft. The Church Committee's staff did give t: he
executive.branch opportunities to comment,.-and
object to parts; and the Committee. did delete'
some material, and condense parts.
Bill, properly, asks us to evaluate: material
in, the light of its sponsors. The Church Comiitte
report should also be evaluated
sponsors -- who are legislators, not
who are not charged with executive responsibility;
and who are not obliged in their daily work to_ deal
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with foreign allies or adversaries.
decided to become a candidate for President.
find it relevant that its.chairman had apparently
of its staff bright, mainly young, .people whose
Noreoder, the'report is almost entirely the product
conscience had
-
is a sense.of history, and of balance. The general
gence gathering. Notably ;Lacking in the repot.
have historically contributed to foreign intelli.
.if notuncontamjnated, by knowledge of how academics,
Vietnam, and probably Chile, but who were uninfomed.,,
well-known..: . The work,. usually quite confidentiai_r.
--0 their nations s intelligence organizations is,
outline of the contributions of British, academics-,.,
services- is unheralded, unremarkable, but doubtiesa:
of Oxford and Cambridge dons fore their intelli gerce~
association is very complicated. I do know of situations
invaluable.
Most will. assume that. an academic 1's not =^?.:
.justified in lying about a relationship with CIA, ';.
Maybe, but the question of disclosure ref. az~
Generally, -see material in Brown . A Bodyguard
.Of hies (1975) ; Winterbottom, The Ultra-Secret;
Kahn m1. ,. r+. _
Intrepid.
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 is improper to give legal advice which .wi.ll very
commit perjury; or_ place
will 'probably tell: a
that the answer i_ss by
no means certain,. and that to-even suggest pro-
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tion,
mzsieacLing, or engaging in prevarica..
may be arguably. justifiable . fob a pro--
fessional. Lawyers
a witness on the stand who
'Lie.* Dean Freedman shows
r~1~zy rises disbarment. Should ad
reveal his diagnosis to his patient?
information will be additionally
his patient, nor am I wholly clear that a professor
should . always,, under
truth. I. happily refrain, however tempted, from
cumstances, tell the whole truth and nothing bu.t; the
describing some of-my students as dopes.
unethical for someone studying the possible
effects of microwave radiation loosed by the
Russians to seek information from reputable academic
scientists on the ground that he's about to purchase
??+v+.v~rccvC uvea H.H..Monro, generally known
See Freedman, 'Prof essjonal Res
on
ibil
p
s
ity of
the Criminal Defense Lawyer ' 6 aT,-
T
c
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actri, wrote? entrancing short story about a talking
cat lead a wretched?and short
large sense, deception is.part of the game o
nations. individuals are inevitable ' participants,.
and philosophers dispute whether the rt, es of
ca..Eill:c~1, s,enav~or... app]
apply in theinternational arena.-.
The second of the Van Alstyne corYeplain ts5 - is
- that-CIA contracts "with scholars for publicawzar
to be used as 'propaganda' which nonetheless appears
..to be -.professionally'detached and reliable scholar yr
who always told the truth. That
The third. complaint concerns allegat:'or that
CIA makes."operational use" of academics in
fasha,on.
The Director- of Central Intelligence take .'.
.issue with the. thrust of all these allegations.. in a
letter. o ray 11t~a. "None of the relationships
:. [with CIA] , " says Mr.. Bush, "are intended tc in flts~.
- is augh~ o any otner aspect of a
scholar's work. We specifically do not try to
inhibit the 'free search foi truth and its free
Letter of 11 May-1976, AAUP Chapter Conference
Newsletter, 26 May 1976, pp. 2-3.
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assurance from ,the Agency that it will not employ:
this assurance comforting. Bill asks for a blanket
Neither Bill, nor the Committee, seem to find.
any academics for "covert" operations.
its distinction between open and clandestine rely
Central to.:the Church Committee's report is,
tions. Broadly, the Committee believes that the
are endangered per se by'secret relationships.
.uuc sure wny.:: If, for example, a 'local real estate.
dealer hired a business; school professor
-the feasibility of ashopping center on a parrticuJlar-
principle make an ethical difference to the academia-".
piece of land, should the identity of the undisclosed
Woolworth, Penney, Sears, CIA, car an Arab prince?
Would it make an ethical difference if-the dea1.erf'
The. problem' of when a confidential relationship
in the public interest deserves deeperthought than
the Committee gives it.
Parenthetically, I emphasis that all contacts
branch and the academic community are open -- the.**
between the.Department of State's intelligence.*
always disclosed, and a consultant or contractor
...CYarcment wants it that way. Funding sources are
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independence and integrity ' of an educational. program
 I made
.inquiries about this and was firmly urged to
emphasize the openness. with which the Department
:for-.bids 'are advertised, but the Department also
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invites those
Its budget. is
iren.t s-.Interests, -:are
with research ideas to submit themes
srr Il, unfortunately, but the Depart-
so
wide ranged thatI urge
foreign policy, or foreign area
inter
ests, to ,-cons,ider... approaching. the Depart;nent for.
. Surely there is
edges. ar-eclear but the line between IL-hem, is -not
realized this in adinittznq that "it does not.recom-
sharp nor self-defining. Perhaps the Committee
mend a legislative prohibition on theoperational
exploitation of ' individuals in private institutions,
by the.intelligence agencies. The Committee views
..such legislation as both unenforceable and in itself
an intrusion on the privacy and integrity of the
he . Co^-mit tee,
.therefore, does. not resolve the appropriateness of
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.if time allots, requests
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an individual academic's decision to offer assistance
to the CIA, or another intelligence agency,
The Committee does re'comend
its reasons, that the CIA's internal directives
public generally, or to his dean or,a department
voluntarily without disclosing his offer to. the
specifically.
"require that individual. academics used fox~
operational purposes by the CIA, together with the,
President or equivalent official of the relevant.
;academic institution, be informed of the clandeslaiiT
-..CIA relationship." I find this provision curious:
and also' raising questions of academic independence
t.>
Should .a professor -who agrees during his summer
"vacation", to write, a report on the geology of
y - '~ ~G??L ~~ cn university of his "employer, " . hi
Central Asia-for the CIA be obliged to tell the
travels, and about. his Work? Ordirari ly" Presidents.'.:
work for a day's pay. Should universities issue
We generally
perly object if we're asked to give a .full day's
rulings limiting, or regulating,
academics with the CIA? Of course,
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decide not to undertake classified research
that's'a different problem, but a blanket rule
would raise serious questions of impairing free.
legislation may partly be attributed. to! some doubf_
.as to whether or Mnot . it is a federal. functx_ort
set ethical and;';tprafessional standards;a, . Is. Con
stitutional.*:
gress authorizedl'to tell us when we may not decide
government?. Furthermore, can we assuredly say--it:
'is never in the government e s 7 nterests- to. employ
confidential agents? Presidents of the United.
States have repeatedly. employed secret agents, and
;ir:
employment without statutory. authorization as.cor
.The Church Committee.' s discussion of the 'COD:--
n stitutioal.problem of regulating intelligence
gathering was pitifully weak. The extent to+ wn3:cb
..Congress has constitutional authority to control
.Parenthetically, at least two members of the
Supreme Court have had professional experience
in intelligence work; Justices Powell and
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- --??a yaLnering it, and to require disclosure
intelligence
is primarily an executive department need, flowing
from particular responsibilities in foreign affairs
cases support arguments that Congressional power:
both to controlthe means and to obtain the infor-
oration here is -limited (Totten. cur't'; ,z z'-'T-7, _.I- s..
& S Airlines)* Federalist Paper r64 alludes I. .`
foreign intelligence, states that the President;
gress. Furthermore, international law may limit the,
may obtain it, and 'decline.' to furnish it to Cozy..
o
t
ese legal questions are
means: employed. None
~
h
report- I found its law discussion short, incora
adequately addressed by the Church Co?nmi.ttee
plete,.and misleading. Furthermore, the Church Com-.
- --- --~~ ~?~ c:vver the rich historical ; t Ar~as__
revealing state practices. These. are relevant,
.if. not decisive, ' in_ determining that interna.tional.
law-.requires.
and Southern Airlines V. Waterman S.S. Corp.,
333 U.S_ lnq I IOA01
Totten v. U.S., 92 U.S. In,; ilQ-7,f%_ ~4 ..
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 adequately understand that
conf' ---..,
d
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co'nmunications between husba
d
President with " bar the
the duty of obtaining the bes
foreicyn f+assible
government agency .. ... _? ..Y e
charged by the Congress nd
A?lu-Lv.Iaua1I s decision to assist covertl
th
casts doubt upon the t~r__7 . ,
e fostered by both the legal
Ord er: and
gen-
erally agreed that some confidential rel
ationsh;ps
should b
l
ps may be in the public interest.
We are
z
ential r
elation--
shi
some Members, of Congress ~xrir rr~~n?a
`m"-/ Lti1CJrIYfa
, for
example R~
.
we create other confidential e ati
patient. Legislators now bier req.xgists
that
n
/wife
and doctor pr.es~./pens gent.,
/
t
e hoWe er, has some mis ivi
g ngs ab
n by Indians. The
ch
Commit
e
supplied to the
govern
-..,..a "%:!-u-cla.Llty of. information
fidentiality as it involves intelligence
'he CIA's involvement With academ . _.
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ee under*
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1. Provid l -
earls and make introductions
for intelligence purposes;
2.* Collect intelligence. abroad;
3.. Conduct research and training which may
be financed, overtly or covertly, by
CIA;
Are funded directly or indirectly
As to each of theses four, the Co --*ti ttee cO eflted
briefly.
First, the material relating to. hoar academic
provide leads and make introductions.for inteIli
gence purposes was substantially abridged in the
report -- at the request of the executive branch-
.a Out which the agencies are ashamed 'bu+-
The primary . reason was not so much to hide someth ;a,?g
pro-R
test
methods and- sources, and. the privacy of
- _.~ ~-~?,~ ~~ Lna any of the leads. and
v not seen arxy.
individuals and institutions Y~
introductions violated state er f~~~d,
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matters of propriety and fairness more than'
questions of legality. First and foremost, we have
__^^7+~-i V11J wwara our students,
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if the law requires us to speak, most of us would
be uncomfortable if required to disclose a
fidence entrusted to.us by a
student.-
Ye surely feel that we .should not place one of our
students in an embarrassing position.
enter here 'a sensitive area in which the .
questions' are so difficult that we may be unable ta
Some 'of our foreign students have
'
become, important
political figure
home. Should.we
assist.our own foreign policy-.
them? What are the limits- to
makers who deal with
foreign visitors
has a particularly unhappy, or striking, experience.
here, should that information be.passed on. Of
course, all students have rights to their..privacy,
...against the United States. Other.countries also
'maintain agents here. The Committee notes that
The Church Committee does mention extensive
foreign visitors to the U.S. include intelligence
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"I" against whom we ought to
Protect
t it is a practical problem'.
With x espect to academics G. collecting intolGla_
ourselves. Statistically, we can predict that
students. What should we do? Finding the balance
their duties include reporting on. their felloq,-
foreign, agents. are among our studPn-f~,~kL
ue-cween.improper intrusi
or.
to various CIA. directives forbidding the operatio*ial.'
Bence abroad. the Church Committee cal.Led attent ox
use of anyone lecturing or studying abroad under a
.-..~~~CU~.y pert Egypt that I was only asked. to
.Indeed, I felt neglected in 19G7 aftez oax farm?
organization to give them my thoughts and opinionsp
testify, as a recipient of two such rants` hat
minister the Fulbright-Hayes program. I-can
grant-.from the Board of For Scholarships which
ad
was :never. approached by any U.S. intelligence
report to our local Rotary Club. The Committee
saw no: danger in
"debriefing ."
travP_1 PY,-- _ ~r.~...~
suiting with academics
while abroad.
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Furthermore,.. under the existing rules,
grantees under Ford, Rockefeller, and Carnegie
persons employed by these foundations be used.:
Prohibition apply. to others who were funded.under
other U.S.-sponsored programs. .The rationale
for this suggestion was fiscal,ratnor than, ethic . a
For.. the CIA: to.use persons who were funded by Con.
. gress for non-intelligence purposes was misleading
Congress Misleading Congress may be - focii1 i,
but it is not necessarily 'illegal or unethical.
The Church. Committee's confusion of
- congressio ial -4
and ethical issues is understandable, 1 suppose.
but not forgiveable. I cannot fault the Committee-,
onligations as citizens, with our responsibilitic-~CZ
as academics searching for truth. An accommodation
.is more diff.icult for us than for many of Gur
colleagues abroad, because our country is large,.
powerful, and envied. Others do not necessarily. wish
us well, but we must deal with other nations regularly,
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and, to the maximum extent possible, with knowledge
of their interests and intentions, if we wish,
adversaries abroad.
ourselves, to be effective. .In the long run whether
or not we enjoy academic freedom depends upon our
ability to defend its principles, not'nerely
against our own government, but against our
defending ourselves
We do a rather good job
from our own government, bat,
if the Church Committee ` s recommendations are taker .~
literally, will'do a much poorer job defendin
ourselves abroad.'
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