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May 6, 2009
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February 11, 1977
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Approved For Release 2009/05/06: CIA-RDP05TOO644R000100170006-0 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. Approved For Release 2009/05/06: CIA-RDP05TOO644R000100170006-0 Approved For Release 2009/05/06: CIA-RDP05TOO644R000100170006-0 . 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. Approved For Release 2009/05/06: CIA-RDP05TOO644R000100170006-0 Approved For Release 2009/05/06: CIA-RDP05TOO644R000100170006-0 National Meeting of AAUP Santa ?.Barbara, California. June 1976 Approved For Release 2009/05/06: CIA-RDP05TOO644R000100170006-0 Approved For Release 2009/05/06: CIA-RDP05T00644R000100170006-0 - 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. ? Approved For Release 2009/05/06: CIA-RDP05T00644R000100170006-0 Approved For Release 2009/05/06: CIA-RDP05T00644R000100170006-0 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. Approved For Release 2009/05/06: CIA-RDP05T00644R000100170006-0 Approved For Release 2009/05/06: CIA-RDP05TOO644R000100170006-0 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 Approved For Release 2009/05/06: CIA-RDP05T00644R000100170006-0 S. Rept. 94-755, Book I, pp- 189- 191. * S. Rept. 94-755, Book I, p. 191. Approved For Release 2009/05/06: CIA-RDP05T00644R000100170006-0 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 - 9-Approved For Release 2009/05/06: CIA-RDP05T00644R000100170006-0 Approved For Release 2009/05/06: CIA-RDP05T00644R000100170006-0 ]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 Approved For Release 2009/05/06: CIA-RDP05T00644R000100170006-0 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 Approved For Release 2009/05/06: CIA-RDP05T00644R000100170006-0 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 Approved For Release 2009/05/06: CIA-RDP05TOO644R000100170006-0 Approved For Release 2009/05/06: CIA-RDP05T00644R000100170006-0 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. Approved For Release 2009/05/06: CIA-RDP05T00644R000100170006-0 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- ApprovedFor Release 2009/05/06: CIA-RDP05T00644R000100170006-0 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 Approved For Release 2009/05/06: CIA-RDP05TOO644R000100170006-0 Approved For Release 2009/05/06: CIA-RDP05T00644R000100170006-0 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 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. Approved For Release 2009/05/06: CIA-RDP05TOO644R000100170006-0 Approved For Release 2009/05/06: CIA-RDP05TOO644R000100170006-0 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 Approved For Release 2009/05/06: CIA-RDP05TOO644R000100170006-0 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 Approved For Release 2009/05/06: CIA-RDP05TOO644R000100170006-0 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 Approved For Release 2009/05/06: CIA-RDP05TOO644R000100170006-0 .if time allots, requests Approved For Release 2009/05/06: CIA-RDP05T00644R000100170006-0 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, Approved For Release 2009/05/06: CIA-RDP05T00644R000100170006-0 Approved For Release 2009/05/06: CIA-RDP05TOO644R000100170006-0 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 Approved For Release 2009/05/06: CIA-RDP05TOO644R000100170006-0 Approved For Release 2009/05/06: CIA-RDP05T00644R000100170006-0 - --??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 .. Approved For Release 2009/05/06: CIA-RDP05TOO644R000100170006-0 adequately understand that conf' ---.., d Approved For Release 2009/05/06: CIA-RDP05T00644R000100170006-0 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 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 . _. Approved For Release 2009/05/06: CIA-RDP05T00644R000100170006-0 ee under* Approved For Release 2009/05/06: CIA-RDP05TOO644R000100170006-0 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, Approved For Release 2009/05/06: CIA-RDP05TOO644R000100170006-0 matters of propriety and fairness more than' questions of legality. First and foremost, we have __^^7+~-i V11J wwara our students, Approved For Release 2009/05/06: CIA-RDP05TOO644R000100170006-0 if the law requires us to speak, most of us would be uncomfortable if required to disclose a fidence entrusted 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 Approved For Release 2009/05/06: CIA-RDP05TOO644R000100170006-0 Approved For Release 2009/05/06: CIA-RDP05T00644R000100170006-0 "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. Approved For Release 2009/05/06: CIA-RDP05TOO644R000100170006-0 Approved For Release 2009/05/06: CIA-RDP05T00644R000100170006-0 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, Approved For Release 2009/05/06: CIA-RDP05T00644R000100170006-0 Approved For Release 2009/05/06: CIA-RDP05T00644R000100170006-0 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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