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November 21, 2005
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February 23, 1978
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S 2211 body else was home. I' never forget that woman's face as long I live. She couldn't on. Her teat were bad, like she never brushed the and her hair always seemed with him in the same bed. She said sh ,pokne' it wasn't a good idea, but she d he Bennett 15e4iat e as doing a great thing just by the fact t aw'big tayed with her husband and children. That her act of courage, If you could call it that, ad I think t'h i,.- R8W 80?b000 0001 ~'J Aptrov or `s 2d6 44 to them and say, 'Here, Mr. Bennett, a job. You need a job, we'll give you and they would have had a intentlhe realized the noise was com n as usual, .rom the Bennetts. plosion. He roused his wife and told her w t he thought lie had heard. F'rancie to im No, he protested. He had h d an ex- plosion which sounded like gun firing. Then, as she was about to eak, they heard a gunshot and saw lig going on in apart- netts' door more than a full minute before the rtried opening it. The door was uniocke The living room lights were on and trange smell hung in the air, as if so .one had left burnt food In the kitchen. kitchen where he found Stacey. Bennett seated in a chair, her head lying face down one Soor. Sho was wearing a blue bathrobe an way F?feet,,,9nd she He ran from the room, left the Bennet front door open, raced up the one flight stairs to his own apartment, locked hi . .if inside and leaned against the door_w~lf he find the body of Fete nnett lying on his bed. He had shot elf in the head. Un- can replay the events In his mind without skipping a single detail; at other times he SECRECY AND DISCLOSURE SUBCOA/MlIi E HEARINGS Mr. BIDEN. Mr. President, next week the Subcommittee on Secrecy and Dis- closure of the Senate Select Committee on Intelligence will conduct hearings on the use of classified information in liti- gation. These hearings will pertain to a platter of vital interest to those of us who have been engaged in congressional oversight of the intelligence community. We have learned through our study of the administration of the e-.rpionage laws that secrecy surrounding the. use of classified information has hindered both the investigation and prosecution . of crimes related to the national security. We have learned that fear over disclo- sure of classified information during criminal trials has been a significant fac- tor In leak investigation; investigations of classical espionage, that is the covert passage of secrets to foreign powers; and even in some bribery, narcotics, and even in at least one murder investigation. In some of these cases apparently de- fense counsel aware of the reluctance of the intelligence community to proceed in cases where disclosure is possible, ex- ploit the sensitivity and in effect thwart the ^ciministration of justice. One in- telligence community memorandum de- A recent editorial in the New York ,Times pointed out that Attorney Gen- engaged in plea bargaining with former Director of Central 'Intelligence Richard Helms in the case of his alleged perjury before a congressional committee. The Times editorial warned that if some effort was not made to develop pro- cedures for the use of classified informa- tion in criminal trials, the defendants in cases requiring the use of national se- curity information might engage in a form of "blackmail" which courts might find "legitimate." The overriding concern of the Secrecy and Disclosure Subcommittee, which X chair, is that a failure to resolve this dilemma on the use of intelligence infor- rnation in criminal prosecutions, might seriously undercut the committee's effort to develop statutory charters and re- strictions on the intelligence community. To be more precise, if we attach criminal sanctions to some of the restrictions for foreign intelligence activities proposed In the charter, a. failure to resolve this di- lemma would raise the possibility that any intelligence official charged with a violation of the prohibition might be able to use intelligence information to avoid or limit prosecution. In the hearings next week we intend to address this problem and explore possible solutions with officials of the executive branch, both the intelligence community and the Department of Justice; Federal judges; former prosecutors and defense counsel; and law professors and repre- sentatives of various public Interest groups who have expressed concern about this problem. hear from Admiral Turner, Director of Central Intelligence, Deputy Attorney General Benjamin Civiletti, and jp Lac o, formerly of the Water S e- `i Prosecutor's Of ice. On arc t- o Judge Frank Kaufman of Baltimore, who handled a serious espionage case where many of these Issues arose and the Chief Judge of the Court of Military Appeals, which has handled a, number of espionage cases invo L'tary per- sonnel. And finally, March dot to a.m. in room 1318, Dirksen enate Office Building, we will hear from former Di- Colby, former CIA General Counsel Law- rence Huston, Prof. Charles Nesson of Harvard Law School, and finally Morton Halperin who will represent the Amer- ter for National Security Studies. Finally I would like to ask unanimous consent that a speech which I delivered at Dowdoin College in Maine last Novem- ber on this subject be printed in. the RzcoRD in order that Members of the Senate have a better -under3tanding? of the precise issues which are likely to arise in these hearings. There being no objection, the material Frau:cle Zegler was not the first person to be awakened by the commotion that cold February night. Ed woke first, certain their scribed this process as "gray mail." as follows: Approved For Release 2005/12/14: CIA-RDP80SO1268A000500010015-2 C(~NGRESJIONAL RECORD --SENATE S 2215 February 23, j roved For lease 005/12/14: CIA-RDP80S01268tA000500019g1;matter how vital rrs PaIns or Szcsscv secrecy and he pictured a centralized power ma ter how sensi x e, T in our government which: to the national security. But In return we (Address by the 'honorable Joseph R. Elden, "Does not tyrannize but . compresses, promise to keep your secrets no matter how Jr., at Bowdoin College, Brunswick. Maine) enervates, extinguishes and stupifles the outrageous they might be. Granted we did I would liics to share with you today a people, until each nation is reduced to noth- reserve a limited power to unilaterally de- dilemma which I face almost every day as a ing better than a flock of timid and indus- classify secrets provided us, but that pro- United States Senator, especially as a mem- trious animals of which the government is cedure has rarely been used. her of the Senate's Select Committee on in- the shepherd." This Arrangement is a form of "democratic telligence, and as a member of the Foreign I remembered studying the writing of elitism" because those of its on the Commit- Relations Committee. This dilemrna..indeed other political scientists who argued that tee re behalf only if but revieonwib secret t info rum ion I would call it a puzzle, results from the de Tocqueville's, Rousseau's, and Aristotle's oil your existence within our democracy of a body concept of democracy are no longer feasible, hers of. the Senate as well. The Committee of information which we call national and that the only feasible alternative was -was deliberately constituted to reflect in its and pill secrets, and organizations within our govern- a form of "democratic elitism", For the first loo h mbership polmembposs iti the Senate, ment which operate almost totally in secret, time in my political life I am prepared to buy and therefore the Co mittee contains a full the intelligence community. that argument. and spectrum her of theiCo views. Fcontains a f it Perhaps I can best explain that dilemma However, the question I keep asking my political the four major. oomt by summarizing my reactions to the briefings self is am I becoming one of those "shep- has has representatives of which are concerned about major co - I received as a member of the Committee. herds" of a "flock of f timid and Industrious- mIttees operations-Foreign. wi r Relations, ntmed I cannot and will not discuss with you the citizens blinded b secrecy. I seem prepared Sence erviceare Appropriations, and Juions A But Information details of but what was disclosed ctions, brief- I to keep as mpartedlto citizens that make no mistake about it, the Committee is ingn Is I can tell you my rea deliberately designed to be a substitute for I came me _to the Committee with a certain "elite". That is the dilemma-how can we those committees ahd the other members of unusual members kepticism about intelligence activities, a have secrecy in a democracy based on the the Senate. and except the - skepticism- healthy skepticism which I still have. How-, principle of consent of the governed? stances we do not share what unusual find with ever, after the first few briefings it became I have just finished an excellent book on Senate. It Is an we imperfect clear to me that there were indeed activities this subject by David Wise entitled "The Poli- the rest we of the not share but it is the best we can devise of the intelligence community that were in tics of Lying," which provides greater focus arrangem for the moment, and therefore t can de st e the national interest and that by their very to my concerns about the competition be- I would like to now summarize endorse It. for you into a a turcttuuaal to espionage o eratiiofnsewhi going tween h I larly struck bysa newspaper narticle which. Mr. very briefly the activities and agenda of our n Committee, and then discuss with you an in- would obviously be banned from discussing Wise summarizes at the beginning of the . cadent that occurred just last week which publicly, allow me to give you a few hypo- conclusion to his book. if misinterpreted, threaten the con- thetical examples of the kinds of operations According to this article, published in June could, , delicate arrangement. Under the of this leaders very hip delel its first Chairman, which I feel deserve secrecy. of 1970, a survey conducted by the Knight tinuation There are forms of technological spying of Newspapers of 1700 individuals in 6 American of hip of Hawaii, the Intelligence has established Intelligence nc- wbioh I am sure you have read in the news- cities, indicated that a substantial number Daniel aniel Inouye for the whole la hed the paper, These operations are critical to our ef- of Americans do not believe that their gov- Committee eve immunity. forts to achieve an international understand- ernment landed a man on the moon. In Ma- C du s routinely Informed of many community. Ing with respect to disarmament. Without con, Georgia 19 percent of those interviewed are sensitive routinely Inform of min y delicate the the capability to verify and monitor oomph- doubted the moon landing; in Charlotte, and of oligence 7 Intelligence arlier, ence. a SALT agreement would be impossible. North Carolina 17 percent and Philadelphia to to types pered by statute to ea in- Furthermore, the technological monitoring 9 percent, Miami 5 percent, Akron 4 percent We are also required byvstt autioto effort-d and spying systems must be kept secret and Detroit 2 percent. When asked why they form our of all f all so cal ed do more than simply their effectiveness can be so easily believed the government would play such a collect intelligence, but to actually influence because frustrated by a government attempting to hoax upon them, many responded that they events. We must also be informed of any in-e it to- their gove avoid compliance with any such agreement. believedMtRhautssians andrtheeCh nese,oor that formation pertaining to improprieties - and nd agents l f ffi oo cers a I have also not found it difficult to defend it had been done to justify the great cost of illegalities engaged in by o absolute secrecy with respect to CIA covert the space program. of the intelligence community. . Procedures operations directed against terrorism and are also being established for review of sensi narcotics. We expect the CIA to attempt to This survey was conducted in 19.70, two and other intru- recruit spies within the various terrorist years before the Watergate break-in; four tive slue electronic investigative surveillance an an directed at t have been hijacking airliners and years before the resignation of Richard Nixon. American citizens. e - th 1977 groups a murdering both. crew and passengers, and Surely a survey taken in 1975, 1978 or Each year the Committee, through its to penetrate the major drug trafficking rings would indicate an even greater distrust Budget Subcommittee, caresf e, reviews the around the world in order to frustrate the among people in their government. Indeed, budgets of each Carter ran on a platform of restoring of these agencies. Last year Jimm s C y ongres flow of hard drugs into the United States. if we expect the CIA to do these things credibility In the office of the Presidency for the first time in history the and in the government generally. actually reviewed, through this Subcominit- then it must be able to offer to those spies go tee, the exact amounts expended by each in- who are obviously risking their lives the Surely at the heart of this basic distrust is intelligence opera- This oversight agency for rsight each project consumed op a0 promise of complete confidentiality. Simi- the legacy of deceit and secrecy which has telligence laxly, take the not uncommon hypothetical characterized our government's activities In tion. . This ov and involved the in umed of case of an American military officer who has the national security sphere over the last legislative dlligence Agency the inl erview and re- been approached by the Soviets to engage decade. Although some of the secrecy was Of. thousands of intelligence documents. in espionage but instead reports the ap- legitimate, most of the secrecy and almost all view of. review has already had some documents. on ton proach to the FBI and is willing to cooperate of the lying was borne of a certain, contempt This oier intelligence operations. The power of in an FBI effort to catch the Soviet spies. He by the government that the average Amen.- purse has become a powerful weapon, in over- is also entitled to a pledge of absolute can could not understand affairs of state: - _ confidentiality. Presidents: Secretaries of Stater Defense and sight. Having conceded the need for this secrecy the CIA deceiving the Congress and the Amer- The Conunittee has authority to and has and indeed secrecy in other areas which lean people about the U-2 Incident, Vietnam, actually conducted a number of extensive I have not even mentioned pertaining to in- Cambodia, covert actions in Chile, -and interviews Into allegations of improprieties telligence; I found myself faced with a ter- numerous other countries around the world by the intelligence community. We have rible dilemma. I was immediately reminded have created a conventional wisdom even actually reviewed in great detail thousands of of those basic principles of democracy which among educated people in this country that documents, In particular espionage opera- we all 'earned in high school civics, that the government does not tell the truth and tions awry. For example, this last year the rarely, ever, tells all. _ Committee issued a report on spying opera- the of dem of the basic governed, and foundation that th t the essence of c of con- consent - As ' member of the Intelligence o to tions in Micronesia and held public hearings s ution about CIA drug testing solution to on new Information art of a new I am p sent is trust and candor from those who of th a e Senate and behavior modification projects. The govern. this problem of deceit in the name of na- I remembered reading Alexis de Tocque- tional security. a new effort to accommodate Committee has established a special Sub-_ ville's "Democracy in America" written in secrecy with democracy. This solution is committee for the purpose of reviewing alie- the, late 18th century in which he described called Congressional oversight of the intelli- gations of impropriety and has hired its own ence community. team of special investigators. with e motia nt American democracy g as the most vibrant in the world and and the In effect Congress has struck a deal with I chair a Subcommittee on Secrecy and hc,pe of mankind. However, I will never for- the Executive branch. In 1978 the Senate Disclosure. We have been focusing on the get a passage in "Democracy in America" In said we in the Congress must and will over- problem of leaks of classified information and which he warned about the tendency of our see on behalf of the American people the what sanctions should or should not apply government to centralize power and increase activities of the intelligence community no to the unauthorized disclosure of intelligence Approved For Release 2005/12/14: CIA-RDP80SO1268A000500010015-2 S 2216 Approved IF~~Wa& fi2AUCOVAJIDPMSA108A00050MbM6,#2j -03, 1978 P velop more precise definitions of what not Journal in February of this year, then At- could still come before our special intelli- only the Executive branch but our Commit- torney General Saxbe entered into an agree- genes oversight committee and lip to our tee should be required to make public on the ment with Edward Bennett Williams, Flelms' committee about activities which were in one hand, and required to keep secret on the attorney, not to proceed with the prosecution, obvious violation of any arrangement we other. According to the News article, "Helms might had established, or indeed any charter that Finally, perhaps most important, the Corn- feel compelled to discuss the role of I#is- had been written by the Committee. He mute has devoted a large amount of its singer, ITT, Nixon and others In Ch.le. And would, if the Justice Department position energy to developing statutory charters that is why Justice backed off." However, prevails in these cases, be subject to a mini- which will establish in permanent legisla- when Edward Levi became Attorney General mal $100 fine for each time he lied. Indeed, von the do's and dont's for the intelligence he decided to pursue the investigation and in Helms' case, the Justice Department seems . The legislation will create clear although he had problems obtaining. relevant prepared to allow him to keep his govern- community. where It is legislation will create and precise sensitive documents from the intelligence ment- pension. prohibitions where they do not now exist. agency, on January 14 of this year Helms was Furthermore, criminal actions attached formally notified that he was the target of a to the more obvious prohibitions of any Ultimately the explicit prohibitions in this federal grand jury investigation.- charter that we would enact would appear comprehensive charter will be enforced by Soon thereafter newspaper articles began to be unenforceable in the fact of this de- both criminal sanctions and the authority of to appear quoting prominent officials inside cision. Any official of the Intelligence com- private citizens-who are victims of violations and outside the government stating their munity could simply take the, position that of the charter to sue the government for fear that this prosecution might have severe there was very sensitive national security damages. Furthermore, all of the provisions damaging consequences on our U.S. intelli- information necessary to prove the ease of the legislation will be enforced by regular gene activities. One article stated that the against him, he would insist upon its dis- oversIght by our Committee and a similar case was "fraught with political. and national closure, the government not wanting to committee in the House of Representatives, security landmines". Another, stated that jeopardize the information would sjrop the The solution then that seems to. be emerg- Helms had been, quoted as saying that if case tag to the dilemma of secrecy in a democracy he were indicted he would "bring down" In a recent editorial, the New York Times is S. mix of checks and balances, a mix of with him former Secretary of - State Henry characterized this as a form of blackmail by legislative prohibitions enforced by Congres- A. Kissinger. An Evans and Novak column intelligence officials which a court might find sional oversight and judicial. sanctions. A appearing on. August 18 was quite explicit: "legitimate". In effect, Intelligence officials basic premise of that system is, that although "So dangerous to this country are the lm- caught violating any law, be it a. charter the intelligence community cannot be held plications of the unprecedented grand jury applying to their agency or any criminal publicly accountable in the press, it can be investigation of Helms on suspicion of per- statute, even espionage, have a powerful held accountable before the secret processes jury that Carter has been secretly warned by tool to immunize themselves, the threat of our Committee and in extreme cases be- informal advisors he must never let the case that prosecution would reveal classified in- fore the courts in the violation of explicit go to trial. One prominent Democrat, deeply formation and "legitimately blackmail" both statutory prohibitions to be developed by involved in high intelligence matters for the court or any Congressional oversight that same committee. many years has said privately that Helms' committee. Two weeks ago the Attorney General of the indictment and trial "would be the single- - The thought that classified information United States entered Into an agreement with most damaging thing that could be done to might be used by a criminal defendant in a the former Director of the Central Intelli- this country." form of "legitimate blackmail." Is obviously genes Agency, Richard Helms, which has the I. was not very surprised when I read very disturbing. However, I have learned as potential of disrupting this whole delicate in the newspaper on November 1 that the a member of the Intelligence Committee that arrangement. On November 1, Richard Helms Department of Justice had determined to the New York Times was not exaggerating pleaded nolo contendere to a charge of lying dispose of the matter by means of a nolo when it stated that a court might be willing to a Congressional committee. In exchange contenders plea to a misdemeanor. This is to recognise this type of pressure upon the for that plea, Attorney General Bell promised a process frequently used and much criticized Attorney General as legitimate. not to seek a prison term for Mr. Helms. That in big corporate anti-trust cases, whereby the . As Chairman, of the Intelligence Commit- sequence could set the precedent for making defendant need not undergo the embarrass tee's. Subeomrn.ittee on Secrecy, I have been Intelligence officials Immune to accountabil- ment of a guilty plea or a public trial but engaged in a year long study of actual es ity by not only Congressional committees, agrees not to contest the government's charge pionage cases, cases where the espionage but by the judicial branch as well. which has been usually reduced to a minor statute has not been enforced in the fact. of For the purposes of our discussion tonight, offense. In its statement to the Judge, the a serious breach of our secrecy regulations. permit me to review with you the basic facts Justice Department attorney stated that he I have engaged In this study primarily be- of the Helms case. In February of 1973, Rich- thought the case was fair because "the trial cause, the intelligence community hasbeen and Helms, who was then a nominee to be of this case would involve tremendous cost clamoring In recent years for a revision of Ambassador to Iran, appeared before the to the United States and might jeopardize that statute and I wanted to have a better . n Relations Committee a committee national secrets." understanding of how the existing statutes F rei g o , of the Congress which at the time had re- So here we have a former ranking official operated. In the course of conducting that t evidence b d an un sponsibility for oversight of the.CIA. During of the intelligence community agreeing not study I have come across a that hearing he was asked questions about to contest an allegation that he deliberate- that this form of "legitimate blackmail" has the Agency's Involvement in attempting to ly deceived Congressional committees which taken place in an astonishing number-CI prevent Salvador Allende from becoming had legitimate responsibilities to oversee his cases. President of Chile. Despite the fact that operations. The Attorney General says that As a background to understanding hour this Helms was completely knowledgeable about for reasons of national security, because a process might be legitimatized, even in the CIA's efforts to prevent the Allende election, trial could jeopardize national security in- most heinous of crimes such as espionage, he deliberately deceived the Committee by formation, the man could not be prosecuted it Is necessary to understand another basic denying any Agency involvement. He did not for the crime and should instead be penalized dilemma which the courts and Justice De- simply state that he should answer in execu- a $10D fine. As you are probably aware, the partment must face in the national security tive session or even tactfully avoid answering judge disagreed with the Justice Department area. the question. He deliberately deceived the and fined Helms $2,000 It Is a basic premise of our criminal jus- Committee. At this point I must hasten to add that tice system that when a defendant Is over th i e e g n ~ -" re - again before the same Committee in connec- ing and quarwring-- or Richard F1elms. 11 i all theF iauormatIon inquiry into allegations that. were a judge sitting on this case I would session which might be used to exonerate tion with Its the CIA and the International Telephone probably not issue a very harsh sentence him or might be used In his defense. Ob- ted to to Mr. Helms because I believe Helms honest- viously when a defendant is charged with a d attem lr ti p on a a d Telegraph Corpora influence the presidential election In Chile ly believed he was under a conflicting obliga- crime related to the national security it is in 1970. Again, he deceived the Committee by tion to maintain national secrets, even in the not only probable but likely that the evi- der.ving any Agency involvement. face of a Congressional committee. Further- denca necessary for his defense or indeed A11 of my information on this case is based more, this was at a time when the public the evidence necessary to prove the crime ive the CIA the will be classified information. to illin it till g g e w qu entirely on newsclips in that the Committee was s taken the position that it will benefit of the doubt. Every time there Is a criminal prosecu- has generall y not question the Attorney General on an on- I am, however, deeply disturbed with the tion or indeed even an Investigation of a opportunity to, discuss this matter with the and especially the process by which this tie- prosecutors and the court face the dilemma Attorney General. cision was made. First, on its surface the. of determining whether or not to risk com- Apparently within a year of the incident case presents an obvious threat to the deli- promise of sensitive national security in- - In the Spring of 1973, the Department of Cate oversight and charter arrangements that formation necessary for conviction or to pro- ide. n.+i+-+innnfro required information n b -. -_- - ____ -- ..a as y e v Justice #'ebr nary 23, 19 pproved F6 OWER " Tl /1 4kMfd46 A000500010015-2 S2217 What I have learned in my study, and I Director Vernon Walters and John Ehrlich- case has P. right to a public trial and that cannot describe this in great detail at the man to ascertain whether there was any CIA lany in udes the defendant r se retsproce u that deedex- present because the study is only half fin- involvement in the Watergate affair. Then, ished, is that this dilemma becomes an im- according to the actual statement of infor- even the public infringes upon that con- passe. In many espionage cases the FBI will mation in the House Judiciary Committee's st u tint l right. where I come out on this know not even begin the investigation and the report: problem don et and I intend o put a lot more Justice Department rarely prosecutes be- "The President directed Haldeman to ask phouht to it because a think the issues that cause investigation or prosecution is fruit- Walters to meet with Gray to express these It rashes arm eundamental. Hopefully the less. The intelligence community has deter- concerns and to coordinate with the FBI. hearings phoned for next month will shed mined that to provide and disclose the in- so that the FBI's investigation would not more light on this problem. However, i am formation first to the FBI or the Justice Be- be expanded into unrelated matters that mhat le However, I an partment and ultimately to the defendant would lead to disclosure of the early activi- co If w we thicannot s impasse I on an or the court will jeopardize national securi- ties of the Watergate principals." acceptable acre le t our democracy that oluti n to t gr imp trouble. ty. There are cases, of great notoriety such Despite the fact that Helms assured Halde- that our will have bscIh g a real cancer de . as the Rosenburg case, where the govern- man and Ehrlichman that there was no CIA oSeing our government. It will not onl- meat takes the risk and proceeds. But in involvement In Watergate, he directed his s impasse in e the a It will n tloo of every case, including the Rosenburg case, Deputy to meet with the FBI Director, and to create an mnt of Jus- will the Department of but paralyzing What risk must be taken. remind them of an agreement that the FBI justice, seems to happen in 'these cases is and the CIA had that if they appeared to be credibility ultimately DadwoJu e w atever recent been destroy able to that the defendant who has engaged in the running into each others sensitive operations, little have most heinous form of espionage, who has that they would notify each other and back in ittle our govbr taken the most sensitive of information, has away. -In short, if we cannot develop procedures the greatest likelihood of enjoying immunity For about a week the FBI did not proceed which can dae democratic necessary secrecy the from prosecution. Because the more sensi- with this investigation because it was under with fundamental results of that Knight Newspaper e tive the information involved in the crimi- the impression that it had indeed stumbled outrageous nal case th6more likely it is that the De- across a CIA operation and for national secu- study about the moon landings will pale In partment of Justice cannot prosecute the rity reasons felt that any further. iuvestiga- comparison to the cynicism which we will see case. tion would jeopardize sensitive information in the average American citizen. Ironically The Secrecy Subcommittee which I chair and operations. So here again the claim of in the name of preserving secrets which are will be holding hearings on this problem national security and the threat of jeopard- indeed necessary to the national security next month. Until we are finished with our izing secrets undermined the administration which protects our democracy, we will have destroyed that work I hestitate to discuss the cases we have of justice. very democracy itself. examined in any great detail. But I can cite So without even going into the espionage In conclusion I am reminded of the in- Sub- famous statement of a U.S. military officer th S ecrecy e are examining In two cases, other than the Helms case, which cases we illustrate this phenomenon, two cases which committee study, we can discuss three very defending the bombing of a South Viet- have already been discussed publicly. serious crimes in which the investigation and namese village, "We had to destroy it in __ -__x__ order to save it." the b s e y ecau e hearings held before the House Government touched national security. one i -- Operations Committee in 1976. In the course deceit of a Congressional committee, the nd the final the i n, a of those hearings representatives of the De- other importation of hero partment of Justice and the CIA discussed notorious Watergate case itself. the 1974 dismissal by the Department of Jus- I submit that In all three cases it appears tice of an indictment against CIA operative the Department of Justice was pressured, if on national security grounds. The operative not-coerced, by claims of national security to had been indicted in 1973 for participating back away from very important criminal in- in the illegal importation of 25 kilos of raw vestigations or prosecutions. This is a process opium Into the United States. Originally the which we cannot permit to continue. it not CIA operative had decided to cooperate as a only threatens the very delicate oversight government witness in the case but subse- apparatus and charters agenda that we are quently he changed his mind. The Justice establishing for the intelligence community, Department Issued another indictment tam- but as exemplified in the drug case and the log him as a defendant and had him Watergate example I have suggested, threat- arrested. During that period the operative ens to undermine the equitable administra- vernment b he Senate a very into y our go . of t publicly claimed that part of his defense tion of justice e A_ about this very dif nult. . .v o_ i r an'~ Hold w u Llity of c Lnueed, there was A -5-4 y. v v,v..u CL4 cooperation with ciassified documents One idea which I have heard discussed, in- MrisPresident, I ask unanimou f ou th a e tion apparently was a significant factor in procedures. 1 pis uerivmm from s c. There _. _ .decision in 1974 of Ntron vs_ Sirica in the U.S. Court of Ap- Mr. McGOVIIRN. Mr. President, cupied a great deal of mate's time in the past mo e have been dis- cussing i rent ways which energy I would like to bring to the at Certainly a more infamous example of this the same claim-that national security would THE REALITY of SOLAR POWER ossession in hi t s s p process of national security claims frustrat- be jeopardized If documen log criminal investigations or prosecution Is were used in the investigation and prosecu- the Watergate case itself. If you will recall, tion of Individuals In the Watergate con- within about a week of the Watergate spiracY. The court forced the President of the break-in the FBI discovered evidence link- United States to turn over the documents Ing the actual burglars to an individual deemed to be privileged to a federal judge for named Kenneth 'Dahlberg and another in- his in camera or private inspection. Perhaps divic'?.ual named Manuel ogarrio in Mexico a similar procedure could be developed for City. This was a critical link that even- the review of such documents in criminal tually traced the burglars to money in the cases' such as the Helms case, the drug case Nixon reelection campaign and eventually and the Watergate case I described above, as to the White House. well. as the espionage cases that we have been It you will review the House Impeach- examining in the Secrecy Subcommittee. meat Comnmittee statements you will find Such a procedure would not be without that as soon as the White House discovered controversy. Many civil libertarians believe that the Bureau had uncovered this con- that these so-called secret or in camera fed- nectlon the President directed Haldeman eral judicial procedures are unconstitutional. ' ' "'~ article, e Dawn: The Power" by Bruce L. h~eZident of the Environmental 01edicine Research Institute. It was fished in the January 21, 1978, issue y 3ation. I think that we should all bbei!> -tfl Dr. ?~?"Welch's case '!i" ding (It is no longer resource sions_ It is the decision that makes t that mankind has ever k There is no s ch to society that _d',1 "tipraff-t __1of making that choice and the fork shape it are of major public concern. Fortunately, ours is a y,Btiwa tradictions, of 0Uggkv"%7ffl balances., 3c to meet with CIA D 9 e Thev t def ant in a criminal lox that 'd prM IFor ease bb811t2'/14 6y -RDP80S01268 i-her important characteristics of rocess