Church Committee Hearings Domestic Surveillance - 1975 — Transcript
Full transcript
- 0:00we're going to now show 40 minutes uh as
- 0:03the church committee investigates the
- 0:05Houston plan and this was televised at
- 0:08September 23rd 1975 by the Public
- 0:10Broadcasting Service PBS let's
- 0:13watch did you submit to the president
- 0:17certain
- 0:18recommendations with respect to the
- 0:20restraints on intelligence collection
- 0:22yes and have you got in front of you the
- 0:25document which is a tab A2 of our books
- 0:27yes
- 0:31and is that the document which you did
- 0:33submit to the
- 0:34president well which I submitted to Mr
- 0:37Hall you submitted mrman for
- 0:39transmission to the president is that
- 0:40right now in that document you make
- 0:44certain
- 0:44recommendations with respect to
- 0:47changing restraints which you thought
- 0:50had been placed upon intelligence
- 0:51correction is that right
- 0:54yes in making those
- 0:56recommendations did you believe you were
- 0:58representing the census of the entire
- 1:01working group that had worked on
- 1:04the study uh for yourself and for the
- 1:08president
- 1:09yes so that whatever recommendations you
- 1:12made with respect to Illegal opening of
- 1:15the mail or burglary or ctitious entry
- 1:19were ones which you believed represented
- 1:22the views of the entire intelligence
- 1:25Community with the exception of the
- 1:27footnotes of Mr Hoover himself is that
- 1:29right yes
- 1:34and you did recommend did you not
- 1:39that the United States should
- 1:42commence in your view
- 1:44commence as you understood it commence
- 1:47or recommence the illegal opening of
- 1:49mail is that
- 1:51correct yes it my understanding from my
- 1:55contacts with the bureau and through the
- 1:57working committee was that in the past
- 1:59that this had been
- 2:01a technique that had been employed
- 2:03particularly in matters relating to
- 2:05Espionage and that the professional
- 2:08intelligence Community indicated that
- 2:10they thought that it was a necessary
- 2:12technique to be undertaken under extreme
- 2:15circumstances uh and and that they felt
- 2:18that they should be authorized to do so
- 2:20and similarly you also basing your views
- 2:23on the recommendations of the entire
- 2:25intelligence Community except for Mr
- 2:27Hoover's footnotes advocated that the
- 2:30United States
- 2:32should commence or
- 2:34recommence to commit burglaries to
- 2:37acquire valuable intelligence
- 2:39information is that right yes uh I was
- 2:42told that the bureau had undertaken uh
- 2:45black bag jobs over for a number of
- 2:47years up until 1966 that had been uh
- 2:52successful and valuable again
- 2:54particularly in matters involving
- 2:56Espionage and that uh they felt this
- 2:59again was something that given the
- 3:01Revolutionary climate they thought they
- 3:03needed to have the authority to do and
- 3:05in both cases your position and their
- 3:07position was in effect that The end
- 3:09justifies the means no I'm not I'm not
- 3:12going to speak for what their position
- 3:14is but I don't think that fairly
- 3:15summarizes what my position was all
- 3:17right I'm sure some of the other me some
- 3:19of the the other persons here are going
- 3:21to question you on that
- 3:24issue did President Nixon through Mr
- 3:27halderman approve the recommendation for
- 3:30change which you had made on behalf of
- 3:31the entire intelligence Community
- 3:34yes what happened after
- 3:36that the question then arose as to how
- 3:39the decisions were to be
- 3:41implemented I had recommended to Mr
- 3:44halman that I felt that the president
- 3:46ought to call the directors back into
- 3:48his office and inform them personally of
- 3:50his decisions seemed to me that that was
- 3:53the proper course to take particularly
- 3:56in view of the sensitivity of the of the
- 3:58decisions relative to Mr
- 4:01Hoover however the president Mr
- 4:04halderman didn't think that that was
- 4:06necessary uh so then the question became
- 4:09how should a decision memorandum go
- 4:12out um Mr halman seemed to think that it
- 4:16was not necessary for either he or the
- 4:18president to uh do that and so I was
- 4:22nominated and you sent it out yes I did
- 4:24over my
- 4:26signature this
- 4:28document repres
- 4:30presented your proposals to the
- 4:33president
- 4:35for lifting or
- 4:38relaxing certain
- 4:40restraints on the intelligence Community
- 4:43with respect to gathering information on
- 4:46uh what you call the Revolutionary
- 4:49climate I would suppose that had
- 4:51reference to the anti-war demonstrations
- 4:53and anti-war protest group Senator I
- 4:56really was peripherally interested in
- 4:59antiwar demonstrations what I was
- 5:01concerned about was the 40,000 bombings
- 5:03that took place in one year what I was
- 5:06concerned about was the 39 police
- 5:08officers who were killed in sniping
- 5:11incidents yes and and everything
- 5:13connected with that well that's what I
- 5:16mean when I'm talking about
- 5:17revolutionary violence as opposed to
- 5:20anti-war
- 5:24demonstrations but whatever your purpose
- 5:27the the uh document you sent to the
- 5:30president contained your recommendations
- 5:33for lifting or relaxing certain
- 5:36restraints keeping restraints as in the
- 5:38case of the military and in some cases
- 5:41keeping
- 5:43restraints
- 5:46now was it your understanding when you
- 5:48submitted that document to the president
- 5:50that his authority was being
- 5:53requested for lifting or relaxing
- 5:56restraints if he chose to accept your
- 5:59recommendation
- 6:02yes now turning to um the question of
- 6:07male
- 6:09coverage on page two of your
- 6:13recommendations I
- 6:15read recommendation restrictions on
- 6:18legal coverage should be
- 6:21removed and I take it by legal coverage
- 6:24you had reference to the
- 6:27procedure that enables
- 6:30intelligence agencies law enforcement
- 6:32agencies to look at the envelopes if the
- 6:34procedure is followed there is a legal
- 6:36way for doing that yes then you
- 6:38recommended also present restrictions on
- 6:42Covert coverage should be relaxed on
- 6:45selected targets of priority foreign
- 6:48intelligence and and internal security
- 6:50interest now
- 6:51here you were referring to opening the
- 6:55mail were you not yes and that was
- 6:58against the law was it not
- 7:03yes
- 7:05so you were making a very serious
- 7:07recommendation to Mr Nixon you were
- 7:10recommending that he authorize mail
- 7:13openings even though such openings were
- 7:17a violation of the
- 7:20law well I I think what we were what was
- 7:23being recommended was that they be
- 7:25employed in spite of the fact that there
- 7:28was a federal law that prohib prohibited
- 7:30but as in the kind in in relationship
- 7:32both to male and to surreptitious entry
- 7:35there was and of course electronic
- 7:37surveillance there was the whole
- 7:39question as to whether in essence the
- 7:40Fourth Amendment applied to the
- 7:42president in the exercise of his
- 7:44internal security power and I think
- 7:45that's where that's why I earlier said
- 7:47that when you asked me about our
- 7:49thinking uh I think this is where the
- 7:51question arose in my mind what we were
- 7:54talking about is something that I'd been
- 7:55told had been done for 25
- 7:58years uh that had been done with the
- 8:00knowledge of the professional
- 8:02intelligence Community the people who
- 8:03had been here long before we got in town
- 8:05and be here long after we left town the
- 8:08question really
- 8:09was question of whether inherent in the
- 8:12executive power in matters involving
- 8:15internal security or the security of the
- 8:16state the president could act contrary
- 8:19to the dictates of a statute and I think
- 8:21that was the kind of dilemma that we
- 8:23recommending you were recommending that
- 8:25the president in this case
- 8:30authorize maale openings even though
- 8:34such action was contrary to the federal
- 8:36statute yes sir
- 8:38yeah and you have suggested that there
- 8:40might be some inherent right that
- 8:43circumvents the Fourth Amendment to the
- 8:45Constitution of the United States
- 8:46guaranteeing citizens against
- 8:48unreasonable searches and seizures
- 8:50without a warrant bearing upon um
- 8:55the uh National
- 8:58Security um responsibilities of the
- 9:00president Senator I think this really
- 9:02goes to the heart of the of the matter
- 9:04as you well know and I think if you
- 9:05recall in the Safe Streets act there was
- 9:08a Proviso clause in there that said to
- 9:11the effect that nothing this act is to
- 9:13be deemed to limit the power whatever
- 9:15power the president may have with
- 9:17respect to National Security matters I
- 9:19think it was that kind of approach to
- 9:21this whole area of Fourth Amendment
- 9:23rights as they involve in terms of
- 9:25National Security internal security that
- 9:27open the door to The Men Who in good
- 9:30conscience thought they could go ahead
- 9:31and do it now you yourself have
- 9:34suggested this was a very serious
- 9:36question Y and you were asking the
- 9:39president to take action that violated a
- 9:41federal statute upon the theory that he
- 9:44had some inherent right to do this now
- 9:48since that is such a central question
- 9:50since it does go to the protection
- 9:52offered American citizens with the
- 9:54Fourth Amendment of the Constitution did
- 9:56you take the matter up with the attorney
- 9:58general the United States to secure his
- 10:01opinion no no no when you
- 10:07testified uh
- 10:11earlier in executive
- 10:15session uh you were
- 10:18asked uh the
- 10:22following
- 10:24question
- 10:27notw you were not aware of the fact I
- 10:30take it that at this time the time you
- 10:33were submitting your recommendations to
- 10:35the
- 10:36president uh the CIA was was opening a
- 10:41mail Mr Houston you replied
- 10:45No in fact I think one of the more
- 10:48interesting things in this whole thing
- 10:50is why I didn't know half the things I
- 10:53didn't know when the president of the
- 10:55United States sat across the table from
- 10:57the directors of the intell
- 11:00agencies and said I want a complete
- 11:02report on what's going
- 11:04on I didn't know about the CIA mail
- 11:07openings I didn't know about the coel
- 11:10program these people were conducting all
- 11:12of these things on their own that the
- 11:15president of the United States didn't
- 11:16know
- 11:18about do you still stand by that
- 11:21testimony with the exception that I
- 11:24assume I I guess I can't be positive the
- 11:27president didn't know if he learned
- 11:29learn from other sources but I can say
- 11:31that I certainly didn't know about it
- 11:32and it was my responsibility to see that
- 11:35the president knew what was going
- 11:37on and to your knowledge he did not no
- 11:40to my knowledge he did not know and it
- 11:42would have been a very curious exercise
- 11:45for him wouldn't it to look at your
- 11:47recommendations asking for his authority
- 11:50to open the mail if he already knew that
- 11:52the practice had been going on for a
- 11:54long time before his authority was asked
- 11:56yes yes and he never raised that with
- 11:59you
- 12:02no and 5 days later upon reconsideration
- 12:06when he pulled back
- 12:09this and this report or this
- 12:15directive
- 12:17um did he do that for the purpose of
- 12:21revoking The Authority that he had given
- 12:25yes because Mr Hoover and Attorney
- 12:27General Mitchell had prevailed upon him
- 12:30to change his decision which he did and
- 12:33there was certainly no doubt in my mind
- 12:36nor do I think could there have
- 12:37conceivably been any doubt in the mind
- 12:39of any of the other people who have been
- 12:40involved that the revocation of the the
- 12:43recall of the decision memoranda meant a
- 12:46reversal of the president's position so
- 12:48the president revoked The Authority he
- 12:50had given yes for such things as mail
- 12:54openings
- 12:55yes and yet are you aware that the mail
- 12:58openings Contin for a long time after
- 13:00that revocation well I've read the
- 13:02Rockefeller Commission report
- 13:23yes senator of course is that I kind of
- 13:26sat down here and created out a whole
- 13:28cloth of entire array of of new
- 13:31techniques to exploit and infringe upon
- 13:34the civil liberties of the American
- 13:35people and that I forc it down dick
- 13:37Helm's throat and I Blackjack Admiral
- 13:40Gyer and I really used my heavy weight
- 13:43on all these poor little professional
- 13:45intelligence people and forc them into
- 13:47to coming up with all this now I think
- 13:50the fact of the matter is that the
- 13:51entire intelligence community at in the
- 13:54summer of 1970 thought we had a serious
- 13:57crisis in this country I thought we had
- 13:59a serious crisis in this country my
- 14:01attitude was that we've got to do
- 14:03something about it who knows what to do
- 14:06about it the professional intelligence
- 14:07Community the professional intelligence
- 14:09Community tells me this is what you give
- 14:11us these tools we can solve the problem
- 14:14I recommended those tools the thing is
- 14:16interesting to me about the fact that I
- 14:18didn't know about the mail openings I
- 14:19didn't know about the the uh uh coel
- 14:22program is that if we had known that
- 14:25many of these tools that they were
- 14:27asking for permission to use were
- 14:29already being used and we still weren't
- 14:30getting any results it conceivably would
- 14:33have changed our entire attitude
- 14:36toward the confidence we are willing to
- 14:38place in the hands of the intelligence
- 14:39community in dealing with this problem
- 14:42so I don't I since I've been out front
- 14:44of you know since first time we talked
- 14:47back in May of in when the armed
- 14:49services committee I mean I've been out
- 14:50front on this thing at the Houston plan
- 14:53I never wrote this report me that
- 14:55everyone calls the Houston plan I didn't
- 14:57write that report but all I all I want
- 15:01to say the record is I thought we had a
- 15:03serious problem I wasn't concerned about
- 15:05people who didn't like the War I wasn't
- 15:06concerned about people who thought Nixon
- 15:08was a l i wasn't concerned about who was
- 15:10going to be the Democratic nominee I'm
- 15:12talking about we were talking about
- 15:14bombers we were talking about assassins
- 15:15we were talking about snipers and we
- 15:18were I felt something had to be done
- 15:20these people said here's the tools we
- 15:22need I take full responsibility I
- 15:24recommended it so so what you're saying
- 15:26is really then that the inspiration for
- 15:29the report in most of its aspects in the
- 15:32absence of of anything but the scantiest
- 15:35of guidelines by the White House
- 15:38actually came from the agencies involved
- 15:41yes senator for example I never heard of
- 15:43nid 6 I never saw nid 6 for all I know
- 15:46niss 6 says you can have free lunch in
- 15:48the White House mess and and yet you
- 15:51know it's in here as a recommendation
- 15:53what was your attitude toward the
- 15:55president's decision to or the revers of
- 15:59his decision it resulted in rejection of
- 16:01the plan well I thought it I I thought
- 16:04it was a mistake for several reasons the
- 16:07first reason I thought it was a mistake
- 16:08is that it put us back to Ground Zero
- 16:11which was not merely back to ground zero
- 16:13in terms of operational techniques but
- 16:15back to ground zero in terms of lack of
- 16:18any coordination among the intelligence
- 16:20agencies secondly I felt in my own mind
- 16:24that Mr Hoover's objections were Les
- 16:27were were not uh based uh on well I want
- 16:31to phrase I thought that that not all of
- 16:32Mr Hoover's objections uh had been
- 16:35meritoriously submitted to the president
- 16:37is what he was really concerned about uh
- 16:40and and thirdly frankly I was concerned
- 16:43about what the effect is would have on
- 16:45the intelligence Community other than
- 16:47the FBI uh if they could put their back
- 16:50into this project which is supposed to
- 16:51been a joint effort they all reached a
- 16:54consensus and then one person director
- 16:56of the FBI could succeed in in reversing
- 16:59it so while you did not prepare this
- 17:03plan you were in fact its Advocate yes
- 17:08sir what
- 17:10um legal justification or other
- 17:13justification do you
- 17:15have as an attorney and an officer of
- 17:18the court and as a public officer sworn
- 17:21to hold the Constitution and the laws of
- 17:23the land to entertain and recommend
- 17:26illegal acts by the government well as I
- 17:29said senator in my it was my opinion at
- 17:32the time that simply the Fourth
- 17:33Amendment didn't apply to the president
- 17:35the exercise of matters relating to the
- 17:38internal security or national security
- 17:40it was a argument that Mr Justice
- 17:42Douglas for example anticipated in the
- 17:44United States district court case that
- 17:47rued
- 17:48unconstitutional the uh domestic wir TS
- 17:51because up until
- 17:541972 every president and with the
- 17:56possible exception of Attorney General
- 17:59uh Clark every attorney general argued
- 18:02that the president had inherent
- 18:03Authority Under the uh and executive
- 18:07power to engage in warrantless wire tabs
- 18:11and although the court in criminal
- 18:13matters had clearly held that a
- 18:14warrantless wir tap violated the Fourth
- 18:16Amendment yet the justice department
- 18:18even took the case to the Supreme Court
- 18:20because they felt that there was that
- 18:21inherent power and you and I both know
- 18:24as lawyers that if if there's an
- 18:26exception to the Fourth Amendment for
- 18:27electronic surveillance which is a
- 18:29trespass a common law then it doesn't
- 18:32take a lot of imagination to extend that
- 18:34from the trespass fee of the telephone
- 18:36to trespass via shp's entry or mail
- 18:39opening and that's frankly the kind of
- 18:41dangerous road that we were hustling
- 18:43down at this point all right if that's
- 18:45your justification why did you call it
- 18:47illegal then what your arguing is that
- 18:49it is legal for the president to violate
- 18:53uh rights constitutional legal rights of
- 18:56citizens if he's the president and if he
- 18:58invokes
- 18:59National Security is a justification but
- 19:01you didn't say that in your memo you
- 19:02said these things are illegal now which
- 19:04is it well I think that for for all for
- 19:08the for the purposes that seemed to me
- 19:09to be most relevant at the time that the
- 19:12that is that the operative action the
- 19:15operation is going to be undertaken by
- 19:17an individual who if he's caught is
- 19:18going to go to jail he's clearly illegal
- 19:21yeah and uh so that it would be fair to
- 19:25say that you understood and told the
- 19:28president president was illegal but to
- 19:30justify it now you invoke a national
- 19:33security defense which would make it
- 19:34legal no I'm not which which position is
- 19:37it I'm I'm Senator I'm not invoking any
- 19:40defense now because it uh you asked me
- 19:43what my opinion was at the time not what
- 19:45my opinion is now all right but what I'm
- 19:47saying to you is that the consideration
- 19:50that was that was given by not only me
- 19:53but by the other people who signed this
- 19:56report to discuss these things are
- 19:59was that frankly it was within the power
- 20:01of the president to do it all right why
- 20:03didn't you say that in your memo that
- 20:05this is would appear to be illegal but
- 20:07in fact it's legal because as president
- 20:10you have powers not mentioned in the
- 20:12Constitution but Powers which in our
- 20:14judgment we feel every president
- 20:17possesses uh which are such that the law
- 20:19doesn't apply to you and the
- 20:21constitutional rights of the citizens
- 20:23don't apply where the president decides
- 20:26that um the National Security
- 20:29dictates of course why didn't you say
- 20:31that instead of that you said it was
- 20:32illegal I said that because that's what
- 20:34the report had said all right now you
- 20:38recall at the time you were
- 20:41discussing these various options to be
- 20:44recommended to the
- 20:45president what the position was of the
- 20:48principals representing the various
- 20:50agencies you had a representative from
- 20:52the NSA one from the CIA one from the
- 20:57DIA and one from the
- 20:59FBI uh which of them
- 21:02objected uh during the course of making
- 21:05up these options to these
- 21:08um recommendations which involved
- 21:11illegal
- 21:12acts at the working group level I don't
- 21:15recall any objection do you recall any
- 21:17of them ever saying we can't do this
- 21:20because it's illegal no can you recall
- 21:23any discussion whatsoever concerning the
- 21:26illegality of these recommendations
- 21:29no does that strike you as peculiar that
- 21:33top public
- 21:35officers in the most uh high level and
- 21:39sensitive positions of government would
- 21:41discuss recommending to the president
- 21:44actions which are clearly illegal and
- 21:46possibly unconstitutional without ever
- 21:48asking themselves whether that was a
- 21:50proper thing for them to be
- 21:52doing yes I think it is except for the
- 21:55fact that I think for many of those
- 21:57people you were talking about something
- 21:59that they have been aware of had been
- 22:00undertaking for a long period of time is
- 22:03that an an adequate justification I'm
- 22:06I'm Senator I'm not trying to justify
- 22:07I'm just trying to tell you what my
- 22:09impression is of what happened at the
- 22:11time if criminals could be excused on
- 22:14the grounds that someone had done it
- 22:16before there wouldn't be much population
- 22:19any of the prisons today would there no
- 22:22what other things were being done as you
- 22:24later discovered by the intelligence
- 22:26community that may or may not have been
- 22:28recommended in your report that deal
- 22:31with similar matters I think there were
- 22:33several things that were critically
- 22:35important that we should have known
- 22:36about that we didn't and could have very
- 22:38easily influenced our judgment one of
- 22:40course was the co-intel program which we
- 22:42didn't know about operation chos or
- 22:45chaos or whatever it was that the the
- 22:47CIA had its own private operation going
- 22:50that we didn't know about can you tell
- 22:52us or is there any reason why the
- 22:54witness should not tell us what coel and
- 22:56Chaos were the the program no there
- 22:59there's no reason the justice department
- 23:02has now made disclosures on Co inel and
- 23:04I think the Rockefeller report set out
- 23:08uh uh operation chaos briefly for this
- 23:11record Mr Houston what were Co inel and
- 23:13what work as I understand the co inel
- 23:15program was essentially designed to sew
- 23:18Discord and and was a I don't know what
- 23:21the correct technical term for it is but
- 23:23it was an offensive uh program against
- 23:27uh Des designated and targets by the FBI
- 23:31uh in terms of uh give us an example
- 23:33well for example that Professor Jones is
- 23:36a member of the Socialist Workers Party
- 23:38and he's running for the school board
- 23:40and so friendly neighborhood FBI agent
- 23:42sends a letter to the uh newspaper
- 23:45saying you may not know this but this
- 23:47bir just running for the school board as
- 23:48a member of the Socialist Workers Party
- 23:50all right the co inel program you did
- 23:52not know about at the time of the filing
- 23:53of the Houston and you later learned
- 23:55about yes how did you later learn of it
- 23:58well when the justice department
- 23:59released the report you know whether or
- 24:01not the president of the United States
- 24:03knew of the coel program I don't believe
- 24:04so the all the information has been made
- 24:07public indicates that that no one
- 24:09outside the bureau was to know about it
- 24:11including anyone in the Justice
- 24:12Department including the Attorney
- 24:14General including the attorney general
- 24:17what was the other operation well the
- 24:18operation chaos and that is that that
- 24:21the apparently the CIA had a group set
- 24:24up that was direct was concerned Direct
- 24:28ly with matters affecting domestic
- 24:31intelligence collection or events that
- 24:34were occurring within the continental
- 24:35United
- 24:36States uh I didn't we didn't know about
- 24:40that in fact the impression that we had
- 24:43all along was that the CIA uh had very
- 24:47little interest in or coverage of areas
- 24:49which we thought were important which
- 24:51was what happened abroad when these
- 24:53people uh who were under surveillance by
- 24:56the FBI left the country that's where we
- 24:58thought the CIA effort should be all
- 25:01right I'm told that I have only one
- 25:03minute left Mr Houston let me ask you
- 25:05this uh do you have any information can
- 25:08you tell me quickly who authorized
- 25:10either Co inel or chaos was it a
- 25:13presidential authorization I I think so
- 25:16I I don't think any president knew about
- 25:18it and I think both of those programs
- 25:21went were originated before this
- 25:23Administration I think Co Andel went
- 25:26back into the Johnson Administration
- 25:28in operation chaos not trying to
- 25:31establish blame even responsibility I'm
- 25:33just trying to establish in my own
- 25:35Mind's Eye whether in these projects the
- 25:38agencies were self-starters or whether
- 25:39someone up the scale may have authorized
- 25:42uh I don't know except that they were
- 25:44originated in a prior Administration and
- 25:47and my understanding is that President
- 25:49Johnson didn't know about it and I don't
- 25:51believe President Nixon knew about thank
- 25:52you thank you Mr Senator Goldwater thank
- 25:56you Mr chairman
- 25:58I have a watch in front of me and I will
- 26:00confine myself to 10 minutes some of the
- 26:03interrogations have run
- 26:0515 but uh I don't have more than 10
- 26:08minutes worth I want to speak first
- 26:11about the Internal Revenue Service and
- 26:14I'm very happy that the chairman has
- 26:16mentioned this
- 26:17subject somebody on this committee has
- 26:20likened the CIA to a bull elephant
- 26:23running rampant I liken the IRS to a
- 26:27rattlesnake gliding along in the grass
- 26:30probably the greatest threat to American
- 26:32freedom and Americans of anything we
- 26:35have and yet this morning is the first
- 26:37public indication I've heard that the
- 26:39Internal Revenue Service is going to be
- 26:41investigated and I think it's time I
- 26:44notice a report or letter written by you
- 26:47on September 21st in which you said
- 26:51nearly 18 months ago the president
- 26:53indicated a desire for IRS to move
- 26:55against leftist organizations taking
- 26:58taking advantage of tax shelters I have
- 27:01been pressing IRS since that time to no
- 27:04avail in other words the IRS will
- 27:07protect any organization in this country
- 27:10they feel like protecting and close down
- 27:13on any organization that they feel like
- 27:16protecting and I think it's high time
- 27:18that this committee or some other
- 27:20committee expose just what we're up
- 27:23against in this country because the
- 27:25power to tax is the power to destroy now
- 27:28Mr Houston have you ever been a member
- 27:30of the CIA no sir FBI no sir Dia yes I
- 27:35was assigned to the DIA when I was an
- 27:37Army intelligence officer were you hired
- 27:40by the White House as a speech writer at
- 27:42one time yes sir and it was from that
- 27:45that you went into the preparation of
- 27:46the so-called Houston plan yes sir was
- 27:49the Houston plan ever used no sir never
- 27:52put into effect
- 27:56no what do you think about the Houston
- 27:58plan as you sit here
- 28:00today well Senator I think that the I I
- 28:04still believe that there is
- 28:07a uh a threat that may be characterized
- 28:11and defined as an internal security
- 28:13threat I think there are people that
- 28:15want to destroy this country I think
- 28:17there are people that are willing to go
- 28:18to Great Lengths to do it I think the
- 28:20two attempts upon the life of the
- 28:22president are symptomatic of that and so
- 28:25I think there's a great an
- 28:29necessary place in our society for an
- 28:31effective domestic intelligence
- 28:33collection effort and more importantly
- 28:36than collection for professional
- 28:38analysis of that
- 28:40information I think that it's perhaps
- 28:44easy uh to
- 28:46justify the emphasis that we attached in
- 28:481970 but I think it's just as easy to
- 28:51discount it I was we were sitting in the
- 28:54white house getting reports day in and
- 28:57day out of
- 28:59what was happening in this country in
- 29:01terms of the violence the numbers of
- 29:04bombings the assassination attempts the
- 29:06the sniping incidents 40,000 bombings
- 29:09for example in a period R Roc facilities
- 29:13in the month of May and a two-e period
- 29:14we are averaging six Barson a day
- 29:16against ROTC
- 29:18facilities what happened then I think is
- 29:21at least from from my
- 29:23perspective is that we were convinced
- 29:26ourselves that this was something that
- 29:27was going to get continue to get
- 29:29worse until we reached the point where
- 29:31all the people who are protect who were
- 29:33predicting police state repression were
- 29:35going to get what it was going to become
- 29:37a self-fulfilling prophecy because that
- 29:39was the only way it was going to be
- 29:40handled as for example I suspected had
- 29:42been true in the Chicago Black Panther
- 29:45raid and then the Los Angeles black
- 29:46panther
- 29:47shootout so my view was that we had to
- 29:50do something to stop it uh Mr White
- 29:53would say that this authorized extension
- 29:55into every person's mailbox a aside
- 29:58theoretically that may be true although
- 30:01I don't think that the terms that we use
- 30:03in terms of Highly selective targets or
- 30:05top priority Target was a bit looser
- 30:08than the terms that uh attorney general
- 30:10Clark used and and when he got
- 30:12authorization from President Roosevelt
- 30:14and when President Truman authorized
- 30:16electronic surveillance uh but the the
- 30:19fact of the matter is that we were
- 30:22motivated unjustly perhaps or
- 30:24unreasonably or unconscionably by a
- 30:27legitimate concern that was related to
- 30:29to the lives and the property of people
- 30:31that were subject to random acts of
- 30:33violence my view was that I had
- 30:35confidence in the professional
- 30:36intelligence Community these were the
- 30:39professionals these are the people who
- 30:40had been authorized to solve these
- 30:43problems what I didn't realize then is
- 30:46that these kinds of of
- 30:49programs uh although theoretically
- 30:52conceptually can be narrowly used in the
- 30:54best interest of the country by
- 30:55responsible people uh can lead to the
- 30:59type of thing that happened with the
- 31:00plumbers and with the Watergate now
- 31:02everyone tries to link the Houston plan
- 31:04as the precursor of the plumbers in the
- 31:06Water Gate I and in my mind that's
- 31:10totally untrue uh but it's obvious to me
- 31:14that this kind of thing lends itself too
- 31:17easily to the type of corruption that
- 31:18we've seen and therefore I've come to
- 31:22the conclusion that whereas I would
- 31:25traditionally have taken the position
- 31:26that I'm willing to run run the some
- 31:29small risk of infringing upon some small
- 31:31portion of the Public's otherwise
- 31:33legiate rights for the greater good of
- 31:36the security of all the people I now
- 31:39have come to the conclusion that that we
- 31:42have no practical alternative but to
- 31:44take a far greater risk that there are
- 31:46going to be these kinds of things that
- 31:48we can't deal effectively against uh
- 31:51until such time as perhaps uh our
- 31:55recourse is simply to the ongoing
- 31:57Criminal
- 31:58process uh so I uh but I I don't want to
- 32:03leave the impression that I think that
- 32:05there's no problem because I think that
- 32:07that we need to deal with this thing in
- 32:09such a way as to maximize the respect
- 32:12for the rights of the citizens at the
- 32:14same time not destroying the capability
- 32:17of the people acting through their
- 32:18government to protect themselves against
- 32:20those who would destroy this country
- 32:22well I thank you Mr Houston for that
- 32:23statement I agree with that statement
- 32:26100% I have no other questions I'll just
- 32:29comment that as long as we have Daniel
- 32:32ellsberg's some newspapers
- 32:36journalist uh media people
- 32:41organizations intent on changing the
- 32:44basic philosophy of this country by the
- 32:47same kind of subversion that you are now
- 32:51being at least charged with part way uh
- 32:55I think we have to be forever on our
- 32:57toes
- 32:58and I think you've expressed your
- 33:00purpose
- 33:02well every time I pick up a morning
- 33:04paper or an evening paper and I see the
- 33:06disclosure of secrets that I thought
- 33:09were locked up in my brain or my heart
- 33:11or my safe I get worried about my
- 33:15country and I hope that this committee
- 33:17through the continued diligence of its
- 33:19chairman and staff members will disclose
- 33:23everything
- 33:24wrong with this country
- 33:28that's all I have thank you Senator
- 33:36Goldwater you've indicated that
- 33:39uh after the fact you found out that
- 33:41many of the agencies that were on that
- 33:43inter agency task force were
- 33:45using tools that they were sitting
- 33:49there discussing White House approval
- 33:52for obtaining uh why do you think they
- 33:54were they were going through this
- 33:56charade I wish I knew I don't know I
- 33:59think
- 34:00that I think part of the problem was
- 34:03that if the other agencies knew they
- 34:04were doing it there would have been all
- 34:06sorts of problems because for example
- 34:09the FBI greatly resented President
- 34:11Johnson ordering the military
- 34:12intelligence into the domestic
- 34:13collection area in 1967 because that was
- 34:16their Charter but the president directly
- 34:19ordered it and they had to live with it
- 34:21although they certainly were anxious and
- 34:22happy that the urban committee hearings
- 34:24blew that out of the water and got those
- 34:26people out of the business
- 34:28I think for example the FBI and Mr
- 34:30Hoover would have had an absolute stroke
- 34:32if he had known that the CIA had an
- 34:34operation chaos oper going on uh so I
- 34:38think that the last thing the world of
- 34:39CIA would have done was to disclose to
- 34:41the bureau that they were working on
- 34:43their Turf I think so I think inter
- 34:45agency jealousies and rivalries had part
- 34:48to do with it I think the second thing
- 34:50is that if you've got a program going
- 34:52and you're perfectly happy with its
- 34:54results why take the risk that it might
- 34:56be turned off if the president the
- 34:57United States decides he doesn't want
- 34:59you to do it because they had no way of
- 35:01knowing in advance what decision the
- 35:03president might make so why should the
- 35:05CIA run the risk that the president may
- 35:07say hell no I don't want you guys
- 35:09opening any mail then if they had
- 35:11admitted it they' had to close the thing
- 35:13down the co-intel program apparently
- 35:16even the justice department didn't know
- 35:17about that if they' have told me it was
- 35:20obvious that uh you know that the word
- 35:22would have been out so it seems to me
- 35:25that many of these agencies just kind of
- 35:26operated in their own world and and had
- 35:29their own programs going uh they didn't
- 35:32want anyone else to know it and the
- 35:33thing that intrigues me is that I always
- 35:35was the illusion that the purpose of
- 35:36intelligence was to provide policy
- 35:38makers with information upon which to
- 35:40make policies but if the policy maker
- 35:42doesn't even know that those sources of
- 35:44information are available I don't know
- 35:45what in the world good it does anybody
- 35:47except the people who are operating it
- 35:49for their own gratification this really
- 35:50brings us back to Senator male's
- 35:53question how can a president uh feel
- 35:56that uh
- 35:58the law is being obeyed and presidential
- 36:01policy is being adhered to and uh
- 36:05doesn't that bring us then full circle
- 36:09back to the Constitution and to uh the
- 36:15Assurance the extent that we can be sure
- 36:17of any human undertaking that the
- 36:19constitution is understood that loyalty
- 36:22to the Constitution
- 36:24is being given by every public servant
- 36:28yes I think it comes back to a an
- 36:31assumption by all officers of what an
- 36:33agreement among all people in government
- 36:35is exactly what the limits and
- 36:37responsibilities and obligations opposed
- 36:39by the Constitution are but I think that
- 36:41the problem that we've had and is not
- 36:44just in this area Senator I think is in
- 36:46many areas that over the past 30 years
- 36:48you've had an accretion of Little Steps
- 36:52increased claim of executive power and
- 36:56pretty soon after 30 year period all of
- 36:58a sudden you woke up one morning and
- 37:00here was this creature that had been
- 37:01created that no one along the line had
- 37:03ever really contemplated each of these
- 37:06steps I think initially were innocent
- 37:08honest honest steps I I think most of
- 37:11these in my belief that these people
- 37:13intelligence Community were honest
- 37:15people dedicated people wanting to do
- 37:18what an honest job or what they thought
- 37:20was best for the country and I don't
- 37:22think that they were out to destroy the
- 37:24Liberties of the American people for any
- 37:26perverse political purpose
- 37:28but what happened in my judgment in this
- 37:30area where I got sucked in when I should
- 37:32have known better and where many other
- 37:34more intelligent sophisticated people
- 37:36have got sucked in in other areas is the
- 37:39whole concept of some of inherent
- 37:42executive power that really extends
- 37:46beyond anything contemplated by those
- 37:48who made the incremental claims as we
- 37:50went through the years and I think that
- 37:53position has been reached and now
- 37:55there's some hard looks at this and some
- 37:57knocks and perhaps we're even my
- 37:59judgment a little bit too much the other
- 38:01way uh but I think that's healthy and I
- 38:04think that that we're on the right track
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