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LETTER TO FRANCIS M. BATOR FROM HENRY A. KISSINGER

Document Type: 
CREST [1]
Collection: 
Library of Congress [2]
Document Number (FOIA) /ESDN (CREST): 
LOC-HAK-15-3-11-9
Release Decision: 
RIFLIM
Original Classification: 
C
Document Page Count: 
5
Document Creation Date: 
January 11, 2017
Document Release Date: 
March 9, 2010
Sequence Number: 
11
Case Number: 
Publication Date: 
July 27, 1971
Content Type: 
LETTER
File: 
AttachmentSize
PDF icon LOC-HAK-15-3-11-9.pdf [3]247.55 KB
Body: 
No Objection to Declassification in Full 2010/03/09: LOC-HAK-15-3-11-9 THE WHITE HOUSE WASHINGTON July 27, 1971 Thank you for your July 8 letter with its post- announcement postscript. As you can imagine, the whole question of security procedures is under intensive review, and your views are both timely and welcome. I enjoyed our lunch and hope to see you again soon. Warm regards, Henry A. issinger Professor Francis M. Bator John F. Kennedy School of Government Harvard University 125 Littauer Center Cambridge, Massachusetts No Objection to Declassification in Full 2010/03/09: LOC-HAK-15-3-11-9 No Objection to Declassification in Full 2010/03/09: LOC-HAK-15-3-11-9 July 23, 1971 MEMORAN 'M FOR MR. KISSINGER FROM- Jeanne W. Davis, ?s, SUBJECT: Francis Bator Writes on Security Clearances Francis Bator has written you (Tab B) to plead that the security clearances of "the right set of outsiders" (he modestly includes himself along with Dean Acheson and John McCloy) not be limited in reaction to the Ellsberg affair. In a postscript added several days after the original letter, he congratulates you on the Peking trip and stresses the necessity of reassuring Moscow. I have prepared a non-substantive reply for your signature (Tab A). RECOMMENDATION: That you sign the reply at Tab A. Attachment No Objection to Declassification in Full 2010/03/09: LOC-HAK-15-3-11-9 No Objection to Declassification in Full 2010/03/09: LOC-HAK-15-3-11-9 !ARVARD UNIVERSITY JOHN FITZGERALD KENNEDY SCHOOL OF GOVERNMENT I M. BATOR 125 LmrAPEB CENTER Pr%aaarof Poli,i &Economy July 8, 1971 CAMIMIPoE, MAMcmJEEr'C5 PERSONAL/CONFIDENTIAL Dear Henry: i Thanks again for lunch. I am troubled by the story on the alleged White House instruc- tions on clearances. If, in response to Dan Ellsberg's performance, the government now goes in for massive surgery, cutting out outsiders via the security-clearance route, the cost to the country could become very large indeed. No one understands better than you the case for keeping the right set of outsiders accessible on short notice. As a general rule, that re- quires that their clearances be kept by and large up to date. I don't suppose that people like Schelling, Kaysen, Neustadt, etc. have looked at a classified document in many a month. Certainly I have not. However, as long as our clearances-are current and on the books, the government can, if it wishes, call us in at a moment's notice without the nuisance, expense, and -- unless one goes to special trouble -- delay involved in re-clearing, with a full field investigation etc. (The full cost of a full field, when I last knew, came to about $10,000). The mere process of being forced to make out all those bloody forms for the umpteenth time, being finger-printed so that the govern- ment can add a 27th copy of one's fingerprints to .ita.. files, and being submitted to the indignity of having some nice man asking one's neighbors, cleaning ladies, etc. about whether one has turned into a lush -- would be sufficient to cause many of us who have too long a record of involve- ment and discretion lightly to suffer such nonsense, to turn down routine requests for help. Obviously the government should periodically recheck people who hold high clearances. Equally obviously, in deciding on such audits, it should exercise some judgment about who is who. I am not sure I would bother to recheck Dean Acheson or Jack McCloy, or even Kaysen and myself -- unless we turn up making speeches, eyes bulging, on Hyde Park corner. None of.this argues against the application of "need-to-know". as a test, though even there, one would want to take into account the usefulness of keeping the right set of outsiders who don't have an opera- tionally definable need-to-know casually informed. But application of the need-to-know standard, especially strict application -- by people No Objection to Declassification in Full 2010/03/09: LOC-HAK-15-3-11-9 No Objection to Declassification in Full 2010/03/09: LOC-HAK-15-3-11-9 PERSONAL/CONFIDENTIAL inside the government who have substantive responsibility for policy -- should make it less dangerous to keep the inventory of cleared people quite large. Since clearance does not imply a,need-to-know, it does not imply access. On the other hand, if a need-to-know does arise, a clearance be- comes necessary. And the need-to-know rule has the enormous advantage that the judgment whether X,Y, or Z should or should not be informed or consulted on a particular issue is made by the responsible substantive officer of the government and not by the security apparatus whose busi- ness it is to identify people who might not be able or willing to keep their mouths shut. One last point. Once the government has pared down the inven- tory of cleared people, it becomes subject to more intense temptation to use the clearance machinery for political purposes. It is relatively harder for a new administration to cancel people's clearances for poli- tical reasons, than to deny clearance to anyone not cleared. This ap- plies especially to younger and middle level people, who do not have per- sonal access: to the center of the government or the "establishment", and cannot protect themselves (and hence the government) against the misuse of clearance-denial by personally taking the matter to the top. The danger is that good people will be excluded from the circle of informed and useable outsiders or precluded from going in -- and I have in mind the many people who are not in a position to write or tele- phone a Henry Kissinger, or a Richard Helms, or even to get wind of the possibility that a flag has been placed on their folders. Obviously, all this touches on the related question of what the government does to organizations like Rand and IDA. I need not labor the point to you that it would be a minor catastrophe if such places were ser- iously damaged. I am quite aware that no one who sits where you sit enjoys in- volving himself in this sort of question. I tried to avoid it when I was there -- though in many cases I couldn't and had to take on my Texas friend Marvin (who, I should say in all fairness, responded perfectly sensibly, once I had made the case and was on record). But over the long pull, all this could become serious if it is handled by people who interpret a natural Presidential reaction to the Ellsberg business too literally. It seems to me that you, Dick Helms, and if one could engage him, Bill Rogers, would No Objection to Declassification in Full 2010/03/09: LOC-HAK-15-3-11-9 No Objection to Declassification in Full 2010/03/09: LOC-HAK-15-3-11-9 PERSONAL/CONFIDENTIAL Hon. Henry Kissinger July 8, 1971 once again, the keys are (1) the to-know, and (2) a better procedure for updating clearances. be in a strong position to make the,4 case against overreaction. Obviously, Page Three with warm regards, P.S. July 9: Incidentally, after I first dictated this letter yesterday, I came up with a case in point. I was asked to testify next week by John Culver's subcommittee on the effects on the U.S. of British entry and all the Orville iFreeman, iRobert that. My fellow panelists are scheduled to be Woodcock, Van Cleveland and Ed Dale. Under surely useful that I am in~tposition peoplekineELTRHandoin1E totbrief,me office and/or Hal Sonnenfel on the state of play, and on a lot of technical detail contained in clas- sified government staff Not to defendewhthe at ~understandeto but will put onn'as p position against the protectionists and the people be the he Administrat atio ly. who have a_soybean theory of national_power._ In this instance, the initia- tive for getting briefed has come fromeOe Obviously,bitiisaequallyouse- ful for senior and even middle level people to draw in outsiders for help or advice without a lot of prior or even concurrent foolishness with still another clearance. P.P.S. July 16: That was quite an announcement last night. Congratulations. I assume that you are going out of your way to administer large weekly doses of high-powered tranquilizer to Moscow. They are a good deal more than we ever were -- and that's saying a lot. Chang- neurotic about Peking ing the metaphor, it will take a lotcoPrsdent it massage toireassure them that we are not trying to play fe games. olitscs -- on the tainly try to capitalize -- in the Kremlin's internal p fact that the U.S. President has decided to go to Peking first. No Objection to Declassification in Full 2010/03/09: LOC-HAK-15-3-11-9

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