LETTER TO JOHN L. MCCLELLAN FROM W.E. COLBY
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Document Number (FOIA) /ESDN (CREST):
CIA-RDP78B02992A000100040007-6
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RIFPUB
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K
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4
Document Creation Date:
December 20, 2016
Document Release Date:
December 15, 2006
Sequence Number:
7
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LETTER
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ENTRAL INTELLIGENCE AGENC110
The Honorable John L. McClellan, Chairman
Committee on Appropriations
United States Senate
WAshington, D. C. 20510
Dear MIr. Chairman:
The Senate Select Committee to Study Governmental
Operations with Respect to Intelligence Activities has
prepared a report on the subject of. assassinations which
it will p-:-esent to the full Senate for its information
in a closed session on 19 November. It is the intention
of the Select Committee thereafter to reveal the contents
of the report by general public distribution.
I write to express my deep concern over the proposal
to distribute this report to the public. I have
communicated with the Select Committee by the attached.
copy of a letter to its Chairman expressing my concern
and have made a vigorous oral presentation to the
Committee along the same lines. The President has
separately stated his deep concern over the publication
of this :material as indicated by the attached copy of a
letter he sent to the Committee.
The bases for our concern are two:
a. The damage that can be done to. the'United
States by the authoritative revelation of the details
of certain earlier activities. These details have been
learned from our full cooperation with the Committee's
investigations by providing witnesses, documents, and
other materials pursuant to the President's directive.
Our current policy is firmly against any such activity,
as indicated by the attached memorandum issued within
CIA by my predecessor, Mr. Richard Helms, and by the
further attached directive I issued in August 1973.
OL
12
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b. Revelation of names can place the individuals
themselves in danger to their lives and livelihoods. There
are several CIA officers, there are Americans who
collaborated with CIA in good faith that their collaboration
was secret, and there are foreign individuals mentioned in
the report. At our strong urging, the Select Committee
has deleted the names of other individuals in each of
-these categories, but it has held to the inclusion of a
remaining group of approximately twelve. ?One of these
individuals brought an action in the U.S. District Court
for the District of Columbia attempting to secure the
exclusion of his name by judicial action. This case
was heard on 17 November before Judge Gerhard A. Gesell,
who in deciding the case for the defendants, nonetheless
found that:
"Plaintiff has estcablished that there is a real
possibility of physical harm to himself if his
name; is revealed in the manner the report
contemplates. This harm could take the form
of physical violence against him or physical
retribution against members of his family.
Because of the nature of the information
contained, it is certain to arouse unstable
radical and hostile domestic and foreign
groups and the Court finds that the report
increases his danger."
In the face of such a strong finding of fact, the
matter was rendered moot when the Select Committee decided.
to delete, the name in question. In view of this action,
I believe there. is a high responsibility on the Senate
to review the propriety of the inclusion of similar names.
I do not believe the inclusion of the names or identification
of these individuals is essential to the conclusions the
Select Committee has reached or that the disclosure of the
names will serve any legitimate legislative purpose. If
there is disapproval of their actions in earlier years,
punishment for such action should under our Constitution
be a matter for the courts and not a legislative trial.
exposing the individual to the perils of "unstable radical
and hostile domestic and foreign groups."
The argument will be made that certain senior officers
of the Government must be responsible for their actions
before our public. Accepting this argument, I respect-
fully submit that it applies only to elected officials or
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to those publicly confirmed by the Senate. Those middle
grade government employees, who have voluntarily accepted
the risks involved with employment by CIA are entitled
to a life of anonymity and confidentiality upon retirement.
I would appreciate any assistance you may be able
to provide on this matter during the Senate's consideration
of.this report. In particular, I would urge:
a. That the report be limitedbt?o overall
conclusions and recommendations for future
legislation or other Governmental action;
b. At the very least, that the names and
identification of all individuals alleged to have
participated in assassination-related activities
be excluded from the version of the Committee's
report to be given public distribution.
Sincerely,
cc: Senator Church
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SEC. CL.
Un
ORIGIN
DCI
DATE OF DOC DATE REC'D DATE OUT SUSPENSE DATE
Nov 1975 19 Nov 7
ro Senator John McClellan
FROM W. E. Colby
sues. Re distribution of report on the -
subject of assassinations prepared by t e
Senate Select Committee to Study Gov't -
Operations with Respect to Intelligence -
Activities. -
ER 75-9405/1
COURIER NO. I ANSWERED
OL NO
2435-
75
75
CROSS REFERENCE OR
POINT OF FILING
ROUTING
DATE
SENT
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