LETTER TO THE HONORABLE JOHN A. MCCONE FROM STANSFIELD TURNER

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R001900060030-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 15, 2016
• Document Release Date: July 29, 2004
• Sequence Number: 30
• Publication Date: November 1, 1978
• Content Type: LETTER

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D R A F T -- 1 November 1978
The Honorable John A. McCone
612 South Flower Street
Los Angeles, California 90017
?Gc. 79-7-33Y
1/-;~ -7g'
Dear John,
Thanks for keeping me posted on your helpful exchange with Senator
Cranston. I'd like to comment on a number of the points you raised in
your letter of October 26 with respect to the Senator's views.~flrst,
there is the assertion that under the Hughes-Ryan. Amendment we notify
only the intelligence committees in advance of a covert operation and
the other six committees ex post facto. This is not quite accurate.
Under the Hughes-Ryan Amendment, we are only required to notify the
appropriate Congressional committees "in a timely " It is. our
position in the Executive Branch that this does not require prior
notification or prior approval. At the same time, we do not stand on
ceremony and deliberately wait until a.covert action has been undertaken
or completed prior to notifying the committees. In point of fact, more
often than not it will be. possible to give notification before an action
is undertaken and we will do so. There is no instance since I have been
here in which we have not been able to provide notification prior to
A
commencement of a covert action. We treat all committees on the same
basis, however. Whenever we make notification, we do so to l'~ej-ght4
committees as promptly as possible. By this I mean we notify the staff
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of that committee that we have available the details of a new covert
action whenever they are ready to hear us. Different committees respond
with different delays. Generally, the intelligence committees are the
most prompt in asking to have us make our presentation. In sum, the
intelligence committees generally do hear of these actions in a more
You also indicate that Senator Cranston believes that we have reduced
the number of covert actions by conviction that they are not as useful
today, not because of fear of exposure. There is a great deal of truth
in this, but to attribute the reduction of covert actions entirely to a
lesser applicability is considerably to overstate the case. There are
frequent instances in which an incipient covert action proposal is
dropped simply because we feel that the odds of keeping it quiet are too
slim to warrant the risks that would be involved. I do believe that we
have fewer opportunities for covert action today, but when they do come
forward the most common cause for not proceeding is the risk of leaks.
I would not deny the Senator's thesis that a great many leaks of
security information have come, from former CIA employees. I am happy
InS+i)IIA+1i ~9 r c.Eftj+'? s [th'i's}'
that we are taking his advice in t- se?te rg those whom we can. As you
know, we've won a case against Mr. Frank Snepp and are now hoping that
timely manner. That is a matter of committee choice, not ours
the appellate court will uphold that judgment. At this time, it would
. G~Lk1cy~,;
appear premature to go ahead with any other similar pti?ens until
we are sure this ruling will hold up. I can certainly assure you that
ac-V- {,-N
I will urge the Attorney General toretrte-every such case in which
there is adequate evidence. We are, however, unable to p secute in
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some instances for one or more of several reasons. To begin with, it
may be necessary to disclose more secret information than we can afford
in order to prosecuted We need some legislative relief to allow us to
obtain protective orders or other means of preventing full public disclosure
of our sensitive information while at the same time protecting the rights
of the accused to a full defense. A second problem that we have is with
people like Philip Agee who work from abroad. To this date, we have been
unable to find an adequate legislative control under which to grapple
with his case.
Finally, I would like to be of help to you in commenting to Senator
Cranston on the draft charter legislation. Let me say that we are deeply
in negotiation with the Senate Select Committee on Intelligence with
respect to this legislation. I think that such substantial changes are
almost agreed upon that it would not be worth your time to wade through
this voluminous document in order to make your assessment of it. It is
my understanding that the Senate Select Committee intends to reintroduce
a new version of this bill in the next Congress with substantial changes.
We are working closely with them on this and I believe our common efforts
will come up with a very satisfactory proposal both from the point of view
of definitely regulating our intelligence activities and of giving them
enough opportunity to do their job adequately.
am enclosing a copy of our views on the legislation as it now
stands for what use-it may be to you. I'll ask Walt Elder to keep you
posted when the new draft legislation is issued.
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It certainly was wonderful to see you here in Washington and to
exchange ideas. I look forward to the next opportunity. With warmest
regards.
Yours,
STANSFIELD TURNER
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