LETTER TO THE HONORABLE MR. ROBERT J. LIPSHUTZ FROM ANTHONY A. LAPHAM

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80M00165A002200050002-4
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 12
• Document Creation Date: December 15, 2016
• Document Release Date: February 5, 2004
• Sequence Number: 2
• Publication Date: March 3, 1977
• Content Type: LETTER

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CENTRAL INTELLItENuL A(ikN
WASH I NG-ro , D.C. 20505
The Honorable Robert J.. Lipshutz
Counsel to the President
The White House
Washington, D. C. 20500
Dear Mr. Lipshutz:
OC 7V-1426
3 March 1971
ILLEG1B
At hearings before the Senate Select Committee on Intelligence
on 23 June 1976, relating to the nomination of Mr. Knoche to be Deputir
Director of Central Intelligence, the following exchange took place:
The Chairman [Senator Inouye]. Under Executive
Order 11905, the General Counsel and the Inspector General
are required to report to the ,Intelligence Oversight Board
on. activities that raise questions of legality and propriety.
They must report allegations involving such activities and
-the results of their investigations. They are also required
to report any instance where they are instructed not to mak..-
? such reports.
Will you instruct the General Counsel and the Inspector
General to provide to this committee similar reports to aid
? this committee in its oversight function?
Mr. Knoche. Yes, sir, I will.
The Chairman. At present the General Counsel is
? required to refer to the Department of Justice allegations
that activities by CIA employees violate Federal law. In order
to assist the committee in its oversight role will you instrwA
the General Counsel to notify the committee when and if such
a referral takes place?
Mr. Knoche. Yes, sir, I will.
Pursuant to these commitments, and after a long period of negc t tons
involving. consultations with your predecessor, Mr.. Buchen, and with
President Ford, a reporting procedure was established. That proceeu
is described in Mr. Kn.oche's letter to Chairman Inouye, dated 21 jar u Iry
1977, a copy of which is enclosed.
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As you will note, the agreed procedure calls for reports to be
made to the Committee, through its Staff Director, within a month after
reports have been made to the Intelligence Oversight Board (lOB), by
the General Counsel and the Inspector General of the CIA, pursuant to
Section 6(b) of Executive Order 11905. These Agency officerrs submitted
their last reports to the IOB on 1 February 1977, and similar reports Lo
the Committee are therefore now due. The Inspector General and I have
both concluded that our submissions to the Committee should cover ail
matters that we have respectively reported to the 103 since 30 June 1976.
_
Copies of our proposed submissions are enclosed.
You 1.vill also note that the agreed procedure includes a provisc to
? the effect that General Counsel and Inspector General reports are to be
furnished to the Committee 'unless the Agency is instructed to the contran,
'by the President." In light of that proviso, both the Inspector General allc
I consider it appropriate to make copies of our intended reports available
for your review in advance of their submission to the Committee, so that
it can be determined whether the President desires to issue any instructior?u
regarding the reports.
- The Committee has been notified that the submissions of the enclostd
reports have been deferred -oendincr White House review.
Enclosures
cc: Honorable David L. Aaron
Deputy Assistant to the President
for NatiOnal Security Affairs
Sincerely,
Anthony A.'Lapham
General Counsel
OGC: AAL: sin
Original.- Addressee (3/4/77)
1 - DDCJ
1 - 1G
1 - OLC
1 - OGC Subj: Senate Select Committee on Intelligence
1 - AAL signer
1 - Chrono
r CT
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DASi EL II. I NOUVV. I-1.4WMI. CHAIRMAN
JANE GAM... LOAN. LUCIE CHAIRMAN
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W ALT Zs. D. HUOOLESTON, Ky.
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prosa-prr MOOrOAN,
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CLIFFORD P. C.4.3W
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F
HOBERT T. STAFFORD, vr. 9JCulfeb Zfcziez -Senate
CHARLES MCC. MATHIAS. JR?
WILUAM G. 1.2.-4- a' , STAFF DIRVCTOR,
SELECT COMM/I-TEE ON 11`i .-T7LLIGENCE,
(awls u...hrr 713 3. tS. 444, MTH CC,O4FE35)
WASHINGTON. D.C. 20510
March 3, 1977
IN REPLY PLEASE
REFER TO R#6693
Adm. Stansfield Turner
Director of Central Intelligence
Central Intelligence Agency
Washington, D. C. 20505
Dear Adm. Turner:
? I am writing in response to Deputy Director Knoche'.e
letter tome-of 21:January 1977.
That letter set out his proposal for reports to the
Senate Select Committee on Intelligence on CIA activities
that raise questions of legality or propriety. While I
believe the proposal provides a sensible basic procedure,
there are several things about it which concern me.
Under Mr. Knoche's proposal, it is possible that the
Senate Select Committee would never be informed of certain
activities referred to the Intelligence Oversight Board.
This would be the case if the President ordered the Central
Intelligence Agency not to report such activities to the
Congress. Under S. Res. 400 of the 94th Congress, 2d Sessial
the Senate expressed its sense that "the head of each
department and agency of the United States would keep the
select committee fully and currently informed with respect
to intelligence activities, including any significant anti-
cipated activities, which are the responsibility of or
engaged in by such department or agency". Given such a
charge it is necessary for the Senate Select Comiqittee to
request that should the President order you not to report
on a particular activity to the Senate Select Committee
that you report that instruction to the Senate Select Com-
mittee. The Senate Select Committee and the Senate can
then address its inquiries directly to the President.
I believe that the thirty day maximum withholding
period described in the letter is a reasonable proposal.
I assume, of course, that whenever possible reports would
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Adm. Stansfield Turner
March 3, 1977
Page 2
be made before the thirty days elapsed. It is clear that
certain matters, particularly those whose disclosure would
be damaging or embarrassing, should be brought immediately
to the attention of the Senate Select Committee. The
Senate Select Committee's report on Micronesia will-, I
believe, make clear the Cammittee's-belief that the
failure to bring such 'matters as this to the attention of
the Select Committee should not occur again; similarly,
the Committee should be 'apprised in the future of question-
able activities in a timely manner.
Under Mr. Knoche's proposal, the Committee would be
provided a quarterly report on the number of possible
criminal offenses_ reported to the Department of Justice
and the number closed out by Department of Justice decision
to prosecute or not to prosecute. The Committee has no
desire to impede Department of Justice investigations or
to interfere with the rights of Americans. There may be
in the future, however, instances where the Committee must
be told of ongoing investigations, disclosure of which
would be damaging or embarrassing. This has been done in
the past and the Committee expects that it will continua
to be done in the future, supplemented by the reports
described in Mr. Knoche's letter. Disclosure of these
investigations to the Committee need not be in elaborate
detail; notification that an allegation has been referred
to the Attorney General, with _a brief description of tha
issue; will.in most cases be sufficient. The Senate
Select Committee or the Senate will then be able to
address more detailed further inquiries tb the Attorney
General.
Finally, under Executive Order 11905, the Inspector
General and General Counsel of the CIA are required to
notify the Intelligence Oversight Board if their report;
are blocked or if they are refused access to informatiol.
In order to meet the responsibilities mandated by S. Re;.
400 to oversee the intelligence community, the Senate
Select Committee has a similar requirement that both the
Inspector General and the General Counsel report any St1211
interference with their work to the Committee.
I believe that the suggested additions to Mr. Knoc'le'
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Adm. Stansfield Turner
March 3, 1977
Page 3
constructive proposal are in the best interests of the
Central Intelligence Agency, the national intelligence
community as a whole, and the Senate Select CoLunittee
Intelligence.
A aha,
Daniel K. In
Chairman
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TO:
FR RA":
SUBJECT:
REMARKS:
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NOTE FOR:
Executive Registry
25 April 1977
There are two matters that I would like Admiral
Turner to raise with Bob Lipshutz:
(1) On 3 March I wrote Lipshutz explaining pro-
cedures that had been worked out with the SSCI, con-
cerning the submission of reports to thqghLcomparable
to the periodic reports that the IG and I submit to the
IOB pursuant to Section 6(b) of E. 0. 11905. A copy
of that letter is attached. The procedures require White
House review and approval before they can be imple-
mented, but we still have no reaction from Lipshutz.
Until we hear from him, we are at a standstill and cannot
even respond to Senator Inouye's letter to Admiral
Turner on this matter, dated 3 March, a copy of which is
also attached.
(2) On 1 March Mr. Knoche wrote to Mr. Lipshutz,
asking the latter to involve himself in the development of
appropriate procedures for reporting intelligence agree-
ments to the Congress under the.ciagiAre,t, 1 U.S.C.
?112b. At least in the Senate we are under pressure,
as is the State Department, to consummate such proce-
dures, but we cannot do so without clearance from the
White House. A copy of Mr. Knoche's letter is attached.
002-4,
STAT
Anthony . Lappam
Attachments
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Executive Recite
A.pproVed For_Relemffi393/110cCelAElyeifC
Date: 21 April
TO: Office of General Counsel
FROM: EA/DCI
SUBJECT:
2J3
REMARKS: If there are any items you wish
Admiral Turner to raise with Mr. Lipschutz, I
will set up a meeting.
Commander, U.S. Navy
2-4
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STAT
Executive Recite
A.pproVed For_Relemffi393/110cCelAElyeifC
Date: 21 April
TO: Office of General Counsel
FROM: EA/DCI
SUBJECT:
2J3
REMARKS: If there are any items you wish
Admiral Turner to raise with Mr. Lipschutz, I
will set up a meeting.
Commander, U.S. Navy
2-4
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STAT
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