EDVyARG P. BOLAN D, MASS.. CHAIRMAN
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O
D
.
. BURL) MO.
MORGAN F. MURPHY, ILL.
HA
HARLE
C RLE5ROSEOSE: N.C. U.S. HOUSE OF REPRESENTATIVES
ROMANO L. MAZZCLI. KY.
NORMAN Y. R. c
WYCHE FOWLELER. , JR JR., GA. .
PERMANENT SELECT COMMITTEE
909 WILSON, CALIF.
JOHN M. ASHHROOK, OHIO
ROBERT MCCLORY, ILL_
J. KENNETH ROBINSON, VA.
THOMAS K. LATIMER, STAFF DIRECTOR
MICHAEl. J. O'NEIL. CHIEF COUNSEL
ON INTELLIGENCE
WASHINGTON, D.C. 20515
December 22, 1978
Honorable Stansfield Turner
Director of Central Intelligence
Washington, D. C. 20505
Dear Admiral Turner:
ROOM H-405, U.S. CAPITOI.
(202) 228.4121
The Permanent Select Committee on Intelligence intends to hold a
series of hearings beginning in late January 1979 concerned with the
protection and use of national security information in the context of
both criminal and civil litigation. The hearings, which will consist
of seven sessions spanning four days, will concentrate on the problems
inherent in trying cases involving espionage, leaks of classified
material, and the phenomenon called "graymail" as well as the use of
pre-publication review and other civil proceedings to preclude the pub-
lication of classified material. The hearings will be conducted by
the Subcommittee on Legislation, chaired by Congressman Morgan F. Murphy.
Because of your great interest in this subject, both as the Director
of Central Intelligence and head of the Central Intelligence Agency, I
am proposing that you designate witnesses to appear on your behalf to
discuss various problems that the intelligence community has encountered
in the areas within the scope of the Committee's inquiry. I believe,
on the basis of previous appearances before this Committee, that your
General Counsel, Anthony Lapham, has an excellent grasp on the issues
that will arise in the context of the Committee's hearings and would be
a fine lead-off witness.
As an aid to preparation for participation in the hearings, I
enclose a prospectus for each session, materials which embody some
suggested remedies to the problems of litigation involving national
security information and a tentative witness list. To assist the Com-
mittee staff in preparing for the hearings, it would be appreciated
that any written statement be submitted at least 72 hours in advance.
Additional information concerning the hearings may be obtained from
Mr. Michael O'Neil, Chief Counsel of the Committee, at 225-4121.
With every good wish, I am
(Sincerely yours ,
EDWARD P. BOLAND
Chairman
Enclosures
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HEARING SCHEDULE
WITH TENTATIVE WITNESS LIST
All Hearings will be held in Room H-405 in the Capitol Building.
January 24
Morning Session: 9:00 a.m.-12:00 noon (open)
Topic: The Problem
Witnesses: Robert Keuch, Deputy Assistant Attorney General
for Criminal Division
Anthony Lapham, General Counsel, CIA
I
Afternoon Session: 1:00-4:00 p.m. (open)
Topic: Pre-Publication Review
Witnesses: Anthony Lapham, General Counsel, CIA
Representative from Department of Justice,
Civil Division
Mark Lynch, ACLU Attorney
January 25
Morning Session 9:00 a.m.-12:00 noon (open)
Topic: Proposals
Witnesses: Senator Joseph Biden, Chairman, Subcommittee
on Secrecy and Disclosure, Senate Select
Committee on Intelligence
Philip Lacovara, Esq., Hughes, Hubbard and Reed
Professors Harold Edgar and Benno C. Schmidt, Jr.,
Columbia Univesity Law School
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General Counsel, CIA STAT
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January 31
Morning Session: 9:00 a.m.-12:00 noon (open)
Topic: Comment on Legislative Proposals by Distinguished
Legal Scholars
Witnesses: William Colby, Colby, Miller and Hanes
Edward Levi, University of Chicago Law School
Antonin Scalia, University of Chicago Law School
Afternoon Session: 1:00-4:00 p.m. (open)
Topic: Comment on Legislative Proposals by Distinguished
Civilian Trial Lawyers
Witnesses: Mitchell Rogovin, Rogovin, Stern and Huge
William Hudley, Attorney at Law
Michael Tigar, Tigar and Baffome
February 1
Morning Session: 9:00 a.m.-12:00 noon (closed)
Topic: Case Histories of Intelligence Disclosures
Which Were Not Investigated or Prosecuted
Witnesses: Representatives of CIA, NSA, DoD and DoJ
Afternoon Session: 1:00-4:00 p.m. (closed)
Topic: Genuine National Security Secrets
Witnesses: Representatives of CIA, NSA, DoD and DoJ
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EXECUTIVE SECRETARIAT (O/DCI)
Routing Slip
6L&
ACTION
INFO
DATE
INITIAL
1
DCI
2
DDCI
3
DD/RM
4
DD/NFA
5
DD/CT
6
DD/A
7
DD/O
8
DD/S&T
GC
LC
11
IG
12
Compt
13
D/PA
14
D/EEO
15
D/Pers
16
AO/DCI
17
C/IPS
18
19
20
21
22
Remarks:
SUSPENSE DATE: /
y"id c ';
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