MEMORANDUM FOR: GEORGE CARY FROM SAMUEL M. HOSKINSON
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP80M00165A002200070001-3
Release Decision:
RIPPUB
Original Classification:
K
Document Page Count:
6
Document Creation Date:
December 15, 2016
Document Release Date:
February 2, 2004
Sequence Number:
1
Case Number:
Publication Date:
June 28, 1977
Content Type:
MF
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7 ~
NATIONAL- SECURITY COUNCIL-
June 28, 1977
MEMORANDUM FOR: GEORGE GARY
FROM: SAMUEL M. FIOSKINSON
George,
Attached for your background are copies of
some recent correspondence between the White
House and Senator Biclen. I leave it up to you
whether or not this correspondence should be
drawn to Admiral Turner's attention.
Attachment
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SENDER WILL CHECK CLASSIFICATION TOP AND BOTTOM
UNCLASSIFIED CONFIDENTIAL SECRET
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SCL.L:CT COMMFrrL:L: ON IN1 LLICt=NCC
(rIm uAKr TO 6. Mrs. AM. 44TH COflcmuls)
WASHINGTON. U.C. 2O51D
,( May 19, 1_977
IN REPLY PLE, SE
REFEIZ TO R';i7935
The President of the United States
The White House
Washington, D. C. 20500
Dear Mr. President:
At the meeting in the Cabinet Rooni last Friday,
May 13, 1 raised a question concerning the necessity fo,-
the President and the executive branch to share its
responsibility for the oversight of all intelligence
activities including sensitive collection activiti_e s.
It is my view that the essence of our constitutional
system is to share the burden of responsibilities in a.1]_
mat:tors of national policy whether public or of a secret:
nature .
Secondly, the value of effective oversight is that
a President will be able to have the benefit of the advice
of a broad spectrum of Senators experienced in nation a]
policies. There is little purpose to oversight if the
only questions that are addressed are the easy and non-
controversial ones.
Finally, the experience of recent years has undo r'i.:i_ne c?
the wisdom of shared responsibility and oversight: of a=.:1.
national matters including intelligence activities. Tile
abuses of our intelligence system. in the past by high
officials might not have occurred had there been a rigl~rons
and (effective system of shared responsibility and over,.g1
I believe that the American people look to the oversight
procedures established in S. Res. 400 as a substitute Cor
public debate and full. congressional review of matters cah-_
require extensive secrecy. This is especially tract wi_Lh
respect to matters which may utlimately disrupt our re i,at .:
with foreign powers, friend and foe alike.
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The. President of the United States
Page Two
May 3-9, 19
:1. submit these thoughts in friendship and with the
intent of trying to strengthen our cons ti_tuti_onal sy :ter:;.
I recognize that the fragility of certain secret acti-
vities requires a relatively small group to be informed.
But there should be no activities outside the purview
of accountability and oversight.. We all recognize that
emergency situations will occur that will require
immediate action by a President. But those occasions
vi_ll be rare. Accountability and the review by an over-
sight body for these emergency activities should take
place' shortly thereafter, if constitutional oversight i:;
to have any effect or meaning. It is my hope that we cmin
develop a specific procedure on this matter in the near
future and I would value the assistance of Admiral Turner
and other Administration officials in this endeavor.
I know I speak for my colleagues on the Committee as
.t~e11 as for myself when I say how deeply I appreciate
your forthright desire to work out: the very difficul t
problem of bringing intell:i_gence activities. tinder con-
stitutional control.
With kind regards,
Sincere y,
F.,
Jo/eph R. Biden, Jr.
U ited States Senalt:or
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