ARRANGEMENTS WITH THE SENATE SELECT COMMITTEE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R000400040040-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 12, 2016
• Document Release Date: December 7, 2001
• Sequence Number: 40
• Publication Date: November 6, 1975
• Content Type: MF

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OGC Has Reviewed'
6 November 1975
MEMORANDUM FOR: Director of Central Intelligence
SUBJECT: Arrangements with the Senate Select Committee
1. I have reviewed the President's letter to Senator Church (New
York Times, 5 November 1975) on the assassination report with the six
Deputies. There was complete consensus that the words used in the letter
in fact assert that the report is classified within the specific standards of
Executive Order 11652. We know that Church and the Senate Select Conm-
mitt,ae assert the right to declassify. On the other hand, the Department
of Justice has asserted that under the Constitution the Congress has no
authority to declassify information classified by the Executive. In a
statement of last year before the Governmental Relations Subcommittee
of the Committee on Government Operations, Senate, Robert G. Dixon, Jr.,
then Assistant Attorney General, Office of Legal Counsel, said:
It would.seem to follow in light of the President's special
powers over foreign relations and national defense that the
power and duty to classify national security information
is equally within the executive domain. Moreover, because
we are dealing with national security information, the
executive claim to control the declassification decision is
even stronger.
Dixon also stated that provisions in proposing legislation which would confer
upon a congressional committee "the power ultimately to determine whether
national security information should be classified or declassified would be
unconstitutional." The position of the Department of Justice is strongly
buttressed by many decisions of the Supreme Court.
2. It seems to me that, not only on the assassination report but on
any other report or documents to be made public by the Senate Select
Committee, the Executive branch (hopefully the President but possibly CIA
unilaterally) could assert the following in negotiations or by letter:
a. The assassination report (or document) is classified.:
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b. There is a serious legal question concerning the authority
either of the Senate Select Committee or the Senate as a whole to
declassify any document determined by the Executive to be classified.
c.' Because of the seriousness of the issue involved, any
document proposed to be released should be reviewed by the
Executive branch so that it could advise the Senate Select Committee
of its position. (As we know, in many cases the issue as to what is
classified and what can be deleted to make it non-classified is easily
resolved.)
d.- Where -the Senate Select Committee-and the agency-concerned
are in disagreement, the issue should be presented to the President
(as in the Pike formula) for Presidential certification of classification.
e. Where the President certifies classification, the Senate
Select Committee. would not.act unilaterally but reserves its right
to go to court.
3. I think our position is very strong politically, as well as legally,
in asserting (publicly if necessary) that under law the Senate Select Com-
mittee cannot declassify and they should have no concern about having not
only that issue but the issue of classification resolved by the courts. It is
extremely doubtful that the courts would overrule on the issue of classification.
There appears to be every likelihood that the courts would rule that the
Senate Select Committee may not under the Constitution declassify what the
cc: DDO
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D/DCI/IC
D/DCI/NIO
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OLC
SC/DCI
C/Review Staff
OGC: JSW: sin
I - ER via Ex Secty
SOHN S. WARNER
\,/ General Counsel
1 - OGC Subj: CIA, Investigations of - ,Senate Select Committee
1 - JSW signer vT
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OFFICIAL ROUTING SLIP
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NAME AND ADDRESS DATE INITIALS
Addressees
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ACTION DIRECT REPLY
PREPARE REPLY
APPROVAL DISPATCH
RECOMMENDATION
COMMENT FILE
RETURN
CONCURRENCE INFORMATION
SIGNATURE
Remarks :
This is the matter I mentioned at this
morning's meeting. I thought it might be
useful for discussion at the 5: 30 meeting
today.
~
.?
oh S. Warner
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UNCLASSIFIED CONFIDENTIAL SECRET
it GPO : 1974 0 - 535-857
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