NOTE TO ASSISTANT TO THE DCI (PUBLIC AFFAIRS) FROM JOHN F. BLAKE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80M01542R000700010001-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 9
• Document Creation Date: December 19, 2016
• Document Release Date: December 1, 2005
• Sequence Number: 1
• Publication Date: September 26, 1977
• Content Type: NOTES

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T-----.
Assistant to the DCI (Public
Affairs)
1 F 04, Hqs
Lyman Kirkpatrick foravarded the.
attached to r:~e. I thought yoia might.
have some interest in it.
John F. Blake
Att
ActincJ Deputy Director of Central
Intelligence, 7D 6011 Nqs,
26 Sep 77
ADDCI:JFBIake:kmg (26 Sep ~7) .
Distribution:
.Orig RS - A/DCI/PA w/att
1 - ADDCI Ur/cy of Att
]--- ER w/cy of Att
Att: ~ynote address by Lyman .B. Kirkpatrick,
of AFIO--15 Sep 77~
:, at Third Annual Convention
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KEYNOTE ADDRESS BY LYMAN B, KIRKPATRICK, JR., CHAIRMAN
OF THE BOARD OF DIRECTORS TO THE THIRD ANNUAL CONVENTION
OF THE ASSOCIATION OF FORMER INTELLIGENCE OFFICERS,
ARLINGTON, VIRGINIA, SEPTEMBER 15, 1977
The Association of Former Intelligence Officers,-is now
entering its third year. The need for the existence of this
organization is as great today, indeed perhaps even greater,
then it was when David Phillips became the founding father
in 1975.
Threes ~rearS ago the intelligence agencies with which
we served were lead items each day in the public media..
Today the headlines are on a much less frequent basis.
While the absence. of a:-daii~ barrage of 'unwanted publicity
may make life more bearable for those dedicated public
servants who serve .the intelligence agencies,, it .does
not lessen the necessity for members of AFTO to persist in its
educational campaign stressing the necessity for timely
and accurate intelligence in a world in-which the survival
of man may well rest on the ability of the United .States
government to be adequately informed.
It is therefore my intention in presenting the- keynote
for this conven~~on to analyze the mission of this organiza?
tion: to say what I believe we should do, and to suggest.
to you what we should not be. In some respects the latter
is an easier tas:~c, Wnd therefore I shall start with that
and conclude on a positive approach. We should not:
-be an organization which supports anything but a
national viewpoint. Our former allegiances to onQ
agency or one viewpoint must be subordinated to what
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is best for the United .States. Tt is not an issue
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of military intelligence vs, the State Department,
or the CIA vs..the FBI, or civilians vs. military.
We are a national organization.
We should not:
-try to inject oux v~aws in the day~to-~da~,r manage-
went of the intelligence community. zn our day
we did not appreciate that type of intrusion.
We have an?.ample challenge on broad policy matters
to fully occupy us.
We should not:
--dissipate oux enexg~,es a,n uselesa debate with
irresponsible critics. The searchlight of truth
ultimately will expose-the inaccuracies.' Our
principal asset is candor and we should be most
precise in our public statements.
We-should not:
-txy to relive history by= expla~;nirzg what was done
in the 1940x, 50s and 60x. We should recognize
that we live in a new era with new concepts of
propriety and evolving interpretations of the law.
Indeed a report this year by the Department of
Justice in regarb to the mail opening program says:
?tIt would ba mistaken to suppose that it was
always clearly perceived that the particular mail
'opening programs of the CIA were obviously illegal.
The Department believes that this opinion is a
se?_-?ous misperception of our Nati,onIIs recent history,
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of the way e aw as v
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it respond ...
The Justice Department report goes on to saX':
".... a substantial portion of the period in
which the conduct in question occurred was marked
by a high degree of public concern over the danger
of foreign threats. The view both inside, and to
some extent, outside the government was that, in
response to exigencies of national security, the
President's constitutional power to authorize col-
lection of intelligence was of extremely broad
scope." (p. 3-4)
The Justice report notes that until 1972 courts.
held that prior judicial scrutiny was unnecessary
.when surveillance involved national security. (p. 27)
In this report from which I have quoted the Justice
Department concluded that there was sufficient evidence
of proper authorization of the programs and recommended
that no federal action whould be taken against the intelli-
gence officers concerned. _
It stated:
"The agency's highest officials could have every reason
to suppose that, within the government itself, the
program was thot~.eht fully consistent with the government's
purposes, respc^s?bilities, and powers." (p. 47)
"If the potential defendants in fact had a reasonable
belief that they were acting pursuant to lawful
presidential authorization, a prosecution so many
years later could appear a vindictive kind of second-
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One of .the consultants used by the Department of Justice
in the preparation of their report commented to the effect
that a trial of this case would open a searching inquiry
into the perceptions of a generation of Americans, would
tend to indict an era, and would raise fundamental jurisdic~
tional questions concerning the application and use o~
criminal law. (p. 4G)
~~Te should recognize that it is not infrequent in history
.for a political generation to indict its predecessors of
two or three decades especially when within that period
the nation has .experienced a constitutional crisis, an.
unsuccessful war, severe internal racial.issu~s, not to
mention eccnomic problems. We should be proud. that the
ship of state is secure and in judging current events exer-
cise that balanced good judgment, for which the intelligence
profession is noted..
One of the ba-sic concepts of intelligence work is
being challenged by present practices and this is a
_matter of .serious concern. "I refer to the agreement of
confidentiality that is so basic to most intelligence work:
whether it be a. pledge to an agent that his-or her identity
and activities"will re.~.~in forever secret; an agreement
with. a foreign perso*: or organization; or the production
of reports based upon sources which should forever be
prc~ected. To .breach these contracts is a violation of
trust. .Americans have prided themselves on being people
of their word who make an agreement and abide by it. Tt
appears to me now that we should recall this philosophy
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as far as the government s wor is concerne a ~r persons,
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x ~ prepared papers,. developed projects and t actions which
were classified "Secret" at the time. Tt should be
remembered that in nearly every instance these people were
working under the direction of lawfully constituted authority,
and also to be recalled is that everybody signed an agreement
not to divulge classified information. To make new codes
of conduct the standard for past actions certainly raises
questions of fairness, and furthermore ir_dicates the
possibility of a double standard. The argument has been
made that the government cannot require employees to refrain
from discussing secret material upon leaving the service
because it constitutes pra,or restraint.. It is also argued
that the government-has no obligation to refrain from
releasing for publication material that was prepared by
persons-under the impression .that such material, would
remain a government secret.
With the very fundamental principle of confidentiality
under attack i strongly recommend that AFIO sponser the
preparation of a study on this subject for the benefit of
public education. This should analyze the Freedom of
Information Act-and analyze what correctly should be kept
secret. We all lLr=ow ~=at -here are abuses of classification
and we have no desire to perpetuate such practices.
The broad appl?ca~ion of the Freedom of Information
Act to intelligence agencies may well be a serious Pais--
application of a sound principle. Revelations of past
intelligence activities are most difficult to place in
the proper context of ten, twenty or thirty years -
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ago and institutions and individuals op ating at that time v
in accordance with perceived needs and with proper authori-
zation may be placed in an unfavorable position.
I therefore am proposing that there be a reexamination
of this policy. We should recognize that there will be
those who look upon the Freedom of Information Act as a
guarantee against future abuses by the intelligence .agencies.
But I personally am convinced that until the United States
intelligence activities are no longer a matter of constant
revelations of formerly highly class~.fied information
our services will not be able to obtain the intelligence
necessary for the security of this nation., I~am sure that
I do not have to point out to you that it is very diffi-
cult if not impossible to maintain .the confidence and coopera-
tion of those persons who constitute the core of our foreign
intelligence collection system if these individuals must be
constantly concerned that their activities might become
public.
the work of the intelligence agencies can be kept
within proper boundaries by the continual, vigilance
of the control and ir_specti.on bodies within the agenciesr
of the review bodies within the Executive Branch, and by
the oversight of the now established Senate and House Intelli-
gence Committees. I would remind you that this association
always has been fir~?ly committed to aggressive and
responsible oversight on the part~of Congress. It is
the best and only guarantee against a repetition of the
conditions which brought about the investigations of 1975.
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 Hie Ai-~v?~~e'2(~$~f 1`~12~$ G~I~i~-RO~tlI`~ 1~4~~~~'f00D~~"ttees
in all respects.
For the future we must redouble our efforts Gf the
past two years. I commend you one and all for the work you
have done inc~velopng state and regional. organizations. The
work done in supplying speakers has been of a high order and
should be continued and expanded. I feel it is an obligation
of every member of this association to be available to
speak or disucss the problems of the intelligence community,
or to provide somebody who can. Consequently it also is
important that AFIO has a national research bureau manned
by volunteers and assisted by contributions of prepared
materials from friends aril members. Our.~~goal is to place
in proper perspective exactly what the intelligence agencies
do, and therefore the more talks and discussion groups
throughout the United States, the better we will be doing
our job. This effort should be_supported by studies such as
I have proposed on the subject of_th.e -Corifidentiahity 'of
Intelligence P;ctivties prepared by AFIO's headquarters
and distributed nationally._
There=are other subjects of major importance on which
studies should fe prepared.-- some on a crash basis. The
administration and the Congress are nearing the completion
of a major bill on t.'_e Organization and Mission of the
intelligence cor~'an_=y. There are those who hope that this
nay be passed before the adjournm~..ztt of the first session
of the present Congress -- that means sometime in October 1977.
This is the most important legislation on intelligence in
thirty years. Tt will solidly establish how the U.S. intelli-
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gence community functions for the rest oi: this century. I
consider it absolutely essential that the members of AFIO
have the opportunity to study this legislation in advance
of passage and make their vi,eras known.
There are other studies that 1 would like -to see AFIO
undertake. T cite the above two because I see them. as a.
matter of priority, but when I think of the immense reservoir .
of experience and talent which we have in AFIO there seems
no limit to our contribution. .For examplee
-the issue of domestic intelligence activities, which.
has both potentialities and limitations, could. be .
We have built an important organization with a.nati.onal
impact. Our mission now is to follow-through ~.nd on a
continual basis insure that we achieve lasting results.
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looked at by AFIO members free from both the pressures
and passions of a government study..
-we left the problems of: requirements for intelligence
collection in a still difficult state. Could not a
forum of our members produce some suggestions of value?.
-and as a last suggestion, but one of great importance,,
how about a study of "the intelligence person"? In
a profession-where people are the most important
asset, cannot the perspective and contemplative
reflection o~ this organization be of considerable
value? Thus_I set as the keynote to this convention
the proposal tha` we make use of the extensive
~.
c
expertize of our membership to prepare, distribute,
and monitor the action on studies of permanent value.