NOMINATION OF OTTO F. OTEPKA

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP71B00364R000500280011-1
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 9, 2016
• Document Release Date: August 16, 2000
• Sequence Number: 11
• Publication Date: May 5, 1969
• Content Type: OPEN

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NOMINATION OF OTTO F. OTEPKA
HEARING
SUBCOMMITTEE OF THE
COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE
NINETY-FIRST CONGRESS
10IRST SESSION
ON
OTTO F. OTEPKA
TO on
A MEMBER OF THE SUBVERSIVE ACTIVITIES CONTROL
BOARD
U.S. GOVERNMENT PRINTING OFFICE
28-560 WASHINGTON : 1969
For sale by the Superintondont of Documents, U.S. Government Printing Office
Washington, D.C. 20402 - Price 10 cents
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JOHN L. McCLELLAN, Arkansas
SAM I. ERVIN, JR., North Carolina
THOMAS J. DODD, Connecticut
PHILIP A. HART, Michigan
EDWARD M. KENNEDY, Massachusetts
BIRCH BAYH, Indiana
QUENTIN N. BURDICK, North Dakota
JOSEPH D. TYDINGS, Maryland
ROBERT C. BYRD, West Virginia
EVERETT McIINLEY DIRKSEN, Illinois
ROMAN L. HRUSKA, Nebraska
HIRAM L. FONG, Hawaii
HUGH SCOTT, Pennsylvania
STROM THURMOND, South Carolina
MARLOW W. COOK, Kentucky
CHARLES McC. MATHIAS, JR., Maryland
SUBCOMMITTEE
JAMES O. EASTLAND, Mississippi, Chairman
JOHN L. MCCLELLAN, Arkansas ROMAN L. HRUSKA, Nebraska
(II)
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NOMINATION OF OTTO F. OTEPKA, OF MARYLAND, TO
BE A MEMBER OF THE SUBVERSIVE ACTIVITIES
CONTROL BOARD
Hon. JAMES 0. EASTLAND,
U.S. SENATE,
Washington, D.C., May 5, 1969.
Chairman, Committee on the Judiciary,
U.S. Senate, Washington, D.C.
DEAR MR. CHAIRMAN: In accordance with the discussions at the
Committee meeting last week, we believe that before the Committee
takes up the nomination of Otto Otepka to the Subversive Activities
Control Board, there should be included in the printed record in-
formation relating to the recent questions raised about Mr. Otepka's
finances and connections. In particular we suggest that the staff
obtain from Mr. Otepka, and from independent inquiry if necessary,
the facts on the following subjects:
1. Mr. Otepka's source of income, other than his State Department
salary, since 1961.
2. The precise sources and amounts of financing for Mr. Otepka's
legal fees, living expenses, travelling expenses, and other expenses
since 1961.
3. Any formal or informal connections between Mr. Otepka and
(1) Mr. Willis Carte, (2) the John Birch Society, (3) the Liberty
Lobby, or (4) any other persons or organizations actively associated
with Mr. Carte, the Society or the Lobby.
4. The accuracy of a report that Mr. Otepka stated in response to
questions about his associations: "I am not going to discuss the
ideological orientation of anyone I am associated with; and, if the
report is accurate, Mr. Otepka's opinion as to the applicability of a
similar standard to others being considered for federal employment
or otherwise under inquiry in connection with security matters.
5. Mr. Otepka's opinion as to the possibility that individuals and
groups of the type generally described as "radical right" or indi-
viduals or groups generally described as "Nazi" might under certain
circumstances constitute a threat to domestic security.
6. The extent to which the issues raised in the preceding questions
were investigated and considered in the course of the Executive
Branch's pre-nomination procedures regarding Mr. Otepka.
We are confident that all the members of the Committee join us in
feeling that fairness to the nominee and to the public requires that
these matters, which have been raised publicly, be aired and resolved
within the Committee before it passes on the nomination. We are
hopeful also that Mr. Otepka will feel free to take this opportunity to
make any further comments lie Wishes regarding the office to which
he has been nominated and his suitability for it.
Sincerely,
EDWARD M. KENNEDY.
QUENTIN BURDICK.
JOSEPH D. TYDINGS.
PHILIP A. HART.
(121)
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MAY 9, 1969.
To : Senator Eastland.
From : J. G. Sourwine.
Subject: Inquiries of Senators Hart, Kennedy, Burdick, and Tydings
respecting finances and connections of Otto Otepka.
In. compliance with your instructions the staff has obtained from
Mr. Otepka, and from independent inquiry as necessary, the facts
called for by the questions propounded.
The questions are repeated below, seriatim, and the facts obtained
by the staff with respect to the subject matter of each question are
set forth, immediately thereafter.
1. 114r. Otepka's source of income, other than his State Department
salary, since 1961.
Since 1961, Mr. Otepka has had income, other than his State
Department salary, only from the following sources: (A) interest on
savings accounts and stock dividends; (B) wife's salary as a school
teacher (from 1965 only) ; (C) daughter's salary (during 1968 only) ;
(D) director's fees (family corporation); (E) sum received by wife in
1966 by gift and devise from her aunt.
2. The precise sources and amounts oj financing or Mr. Otepka's
legal .fees, living expenses, travelling expenses, and other expenses since
1961.
Legal expense
Total legal expense incurred in connection with %Ir. Otepka's case
has amounted to $26,135, of which $25,127 represented legal fees
and $1,008 represented reimbursement of cash disbursement by
counsel. These legal expenses have been met by voluntary contribu-
tions from more than three thousand different contributors. Most
of the contributions were in relatively small amounts, ranging from
$1.00 to $100.00. Over $21,000 of this amount was raised by American
Defense Fund, organized in 1964 by James Stewart of Wood.Dale,
Ilinois (now living in Palatine, Illinois) in compliance with the laws
of the State of Illinois.
Mr. Stewart volunteered his assistance, after having read in the
newspapers of Mr. Otepka's intention to pursue fully all of his adminis-
trative remedies, and to take his case into the courts, if necessary.
Mr. Stewart appears to have made a full accounting for the purpose of
complying with State law, and also has filed an accounting with the
U.S. Post Office Department.
American Defense Fund has no connection of any kind with the
John Birch Society, the Liberty Lobby, or Willis Carto, according to
Mr. Stewart, who stated his interest in the Otepka case was sparked
by a newspaper article in September 1963, and that in the fall of 1964
he undertook to raise money for Otepka's defense after he learned
that contributions from other sources were not meeting the growing
legal expenses of the case. Mr. Stewart said he acted as an individual
and without any asistance or prompting from any organization.
All contributions forwarded by Mr. Stewart went directly to Mr.
Otepka's counsel, Mr. Roger Robb.
The remainder of the legal expense in connection with Otepka's case
(between $4,000 and $5,000) was paid by voluntary contributions from
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individuals not associated with American Defense Fund. (Many of
these contributions were made in checks mailed directly to Mr.
Otepka's counsel, and checks received by Mr. Otepka personally were
turned over by him to his attorney. Mr. Otepka did not cash any such
checks, nor receive or retain the proceeds therefrom.) Of these inde-
pendent contributions, only one was in a very large amount, to wit: a
check for $2,500 received by Otepka's counsel on April 21st, 1964, from
Defenders of American Liberties, a non-profit corporation organized
under the laws of the State of Illinois for the purpose of defending civil
and human rights. All other independent contributions were in very
much smaller amounts.
In an effort to determine the nature of the organization known as
Defenders of American Liberties, the Subcommittee staff questioned
both Dr. Robert Morris, first president of the organization (who
resigned in 1962 to become president of the University of Dallas, and
who is now president of the University of Plano) and Mr. J. Fred
Schlafly of Alton, Illinois, who succeeded 'Dr. Morris. Both Dr. Morris
and Mr. Schlafly denied any personal connection, formal or informal,
with the John Birch Society, the Liberty Lobby, or Mr. Willis Carto.
One of fourteen persons identified as directors of Defenders is Dr.
Clarence Manion, former Dean of Law at the University of Notre
Dame, who is reported to have stated he is a member of the John
Birch Society. Other directors of Defenders of American Liberties,
besides Mr. Schlafly, are Mr. Roger Follansbee (Chairman of the
Board) of Evanston, Illinois; Dr. Edna Fluegel, chairman of the
Department of Philosophy at Trinity College, Washington, D.C.;
Mr. Lyle Munson, publisher, of Linden, N.J.; Mr. Bartlett Richards,
of Florida; General William Wilbur of Highland Park, Illinois; Mrs.
Carl Zeiss of Phoenix, Arizona; Mr. Don Tobin, realtor, of Dallas,
Texas; Mr. Charles Keating, Jr., of Cincinnati, Ohio; Mr. Norris
Nelson of Chicago, Illinois, former publisher of the Calumet (Illinois)
News and former assistant director of the Republican National Com-
mittee; and Mr. Brent Zeppa of Tyler, Texas. None of these, accord-
ing to Dr. Morris and Mr. Schlafly, is known to either of them as a
member of or connected with the John Birch Society or the Liberty
Lobby.
Traveling expenses
Since 1961, Mr. Otepka has made three round trips, by air, to the
West Coast, including visits to San Diego and Los Angeles, California,
Portland, Oregon, and Seattle, Washington, which trips were not paid
for by Mr. Otepka out of his own private funds. Two of these trips were
paid for by a number of individual citizens who had no formal group
or organization but who had become interested in Mr. Otepka's case
as a result of newspaper publicity, and wanted to hear him discuss
it. Mr. Otepka talked to these individuals at informal gatherings only,
and confined himself to discussion of his own case, avoiding politics
or on other matters. At no time did Mr. Otepka accept an honorarium
of fee for any speech or talk. The third trip referred to above was
sponsored by a formal group, which desired to give Mr. Otepka an
award. Because his appearance on this occasion was to be publicly
advertised, Mr. Otepka sought and obtained the State Department's
approval of this trip before undertaking it.
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Total amounts of income (exclusive of; his own salary) available to
Mr. Otepka and his family during the period in question, which
became available for financing his expenses, as indicated above, were
as follows:
A. Interest on savings accounts and dividends on stock owned,
$1,711.00.
B. Director's fees (Web Press Engineering, Inc., Addison,
Illinois, a family corporation), $100.00. (This corporation does
not have any government contracts whatsoever, and Mr. Otepka
does not own any stock in the corporation.)
C. Mrs. Otepka's gross earnings,' before taxes, as a teacher
employed by the Montgomery County, (Md.) Board of Educa-
tion: 1965, $3,260.00; 1966, $8,432.00; 1967, $9,217.00; 1968,
$10,558.00. (Since 1968, when Mr. Otepka first went on leave
without pay, his family has had to depend solely upon his wife's
salary, and the earnings of his daughter, (referred to below) to
meet family living expenses.)
D. Mr. Otepka's daughter was first employed during 1968, and
in that year earned $765.00 from the Washington Post Company
(WTOP-TV) and $1,189.00 from the D. L. Printing Company,
Washington, D.C.
E. By gift and bequest to Mrs. Otepka, from her aunt, Mildred
Simon, (1966) $3,400.00.
For ready reference, information on total amounts of income avail-
able to the Otepka family during each of the years 1961 to 1968, in-
clusive, is shown on the chart below.
Interest from savings____________________ 101.75 80.00 80 312 23 233.00 309 254
Stock dividends_________________________ 26.88 35.46 42 59 11 24.84 47 72
Director's fees, Web Press Engineering________________________________________________________________ 100
Wife's gross income (salary)______________________________________________ 3,260 8,432.00 9,217 10,558
Daughter's gross income (salary)----------------------------------- _---------------------------------- 1,954
Gift and bequest to wife from aunt________________________________________________ 3,400.00 ----------------
3. Any formal or informal connections, between 112r. Otepka and (1)
Mr. Willis Carto, (2) the John Birch Society, (3) the Liberty Lobby, or
(4) any other persons or organizations actively associated with Mr.
Carto, the Society or the Lobby.
Mr. Otepka states he does not have and has not had any formal or
informal connections with the John Birch Society, or the Liberty
Lobby, or Mr. Willis Carto, or with any other persons or organiza-
tions known to him to be actively associated with any of the above
three. Mr. Otepka has met Mr. Carto, having seen him two or three
times, including one occasion on which he lunched with Mr. Carto
at the latter's invitation. Nothing was discussed at this luncheon
except the legal aspects of Mr. Otepka's case.
4. The accuracy of a report that Mr. Otepka stated in response to
questions about his associations. "I am not going to discuss the ideological
orientation of anyone I am associated with"; and, if the report is accurate,
Mr. Otepka's opinion as to the applicability of a similar standard to
others being considered for federal employment or otherwise under inquiry
in connection with security matters.
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Mr. Otepka states: "This is substantially the tenor of an answer
which I gave on two separate occasions to two newspapermen, Mr.
Neil Sheehan of the New York Times and Mr. Tim Wheeler of, the
Daily World, both of whom were, in my judgment, seeking to bait
Lae into making some statement that could be used against me. I
would consider such an answer entirely within the bohinds of propriety
if made by any person under similar questioning by such reporters in
like circumstances. On the other hand, in the case of a question regard-
ing either my associations or my associates, asked of me by a represent-
ative or official of the U.S. Government having reason and authority
to inquire, I should be as fully responsive as my knowledge would
permit; and I would expect any other person similarly questioned by
authority and with reason to be comparably responsive."
5. Mr. Otepka's opinion as to the possibility that individuals and groups
of the type generally described as "radical right" or individuals or groups
generally described as "Nazi" might under certdin circumstances constitute
a threat to domestic security.
"From my general knowledge of history and 'my '27 years of experi-
ence as a security officer, I am acutely aware of the potential dangers
to the security of any country from acquisition of excessive influence
by totalitarian organizations or individuals of either the right or the
left. I would resist with every resource at my command any attempt
to establish in this country a Nazi, or Fascist, or Communist govern-
ment, or any other form of totalitarianism."
6. The extent to which the issues raised in the preceding questions were
investigated and considered in the course of the Executive Branch's pre-
nomination procedures regarding Mr. Otepka.
The staff has been advised by a spokesman for the Executive Branch
that Mr. Otepka's nomination followed the usual course, including
an investigation by the Federal Bureau of Investigation and a security
clearance under the standards of Executive Order 10450.
O
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