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Church Committee Hearings Domestic Surveillance - 1975 — Transcript

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  1. 0:00we're going to now show 40 minutes uh as
  2. 0:03the church committee investigates the
  3. 0:05Houston plan and this was televised at
  4. 0:08September 23rd 1975 by the Public
  5. 0:10Broadcasting Service PBS let's
  6. 0:13watch did you submit to the president
  7. 0:17certain
  8. 0:18recommendations with respect to the
  9. 0:20restraints on intelligence collection
  10. 0:22yes and have you got in front of you the
  11. 0:25document which is a tab A2 of our books
  12. 0:27yes
  13. 0:31and is that the document which you did
  14. 0:33submit to the
  15. 0:34president well which I submitted to Mr
  16. 0:37Hall you submitted mrman for
  17. 0:39transmission to the president is that
  18. 0:40right now in that document you make
  19. 0:44certain
  20. 0:44recommendations with respect to
  21. 0:47changing restraints which you thought
  22. 0:50had been placed upon intelligence
  23. 0:51correction is that right
  24. 0:54yes in making those
  25. 0:56recommendations did you believe you were
  26. 0:58representing the census of the entire
  27. 1:01working group that had worked on
  28. 1:04the study uh for yourself and for the
  29. 1:08president
  30. 1:09yes so that whatever recommendations you
  31. 1:12made with respect to Illegal opening of
  32. 1:15the mail or burglary or ctitious entry
  33. 1:19were ones which you believed represented
  34. 1:22the views of the entire intelligence
  35. 1:25Community with the exception of the
  36. 1:27footnotes of Mr Hoover himself is that
  37. 1:29right yes
  38. 1:34and you did recommend did you not
  39. 1:39that the United States should
  40. 1:42commence in your view
  41. 1:44commence as you understood it commence
  42. 1:47or recommence the illegal opening of
  43. 1:49mail is that
  44. 1:51correct yes it my understanding from my
  45. 1:55contacts with the bureau and through the
  46. 1:57working committee was that in the past
  47. 1:59that this had been
  48. 2:01a technique that had been employed
  49. 2:03particularly in matters relating to
  50. 2:05Espionage and that the professional
  51. 2:08intelligence Community indicated that
  52. 2:10they thought that it was a necessary
  53. 2:12technique to be undertaken under extreme
  54. 2:15circumstances uh and and that they felt
  55. 2:18that they should be authorized to do so
  56. 2:20and similarly you also basing your views
  57. 2:23on the recommendations of the entire
  58. 2:25intelligence Community except for Mr
  59. 2:27Hoover's footnotes advocated that the
  60. 2:30United States
  61. 2:32should commence or
  62. 2:34recommence to commit burglaries to
  63. 2:37acquire valuable intelligence
  64. 2:39information is that right yes uh I was
  65. 2:42told that the bureau had undertaken uh
  66. 2:45black bag jobs over for a number of
  67. 2:47years up until 1966 that had been uh
  68. 2:52successful and valuable again
  69. 2:54particularly in matters involving
  70. 2:56Espionage and that uh they felt this
  71. 2:59again was something that given the
  72. 3:01Revolutionary climate they thought they
  73. 3:03needed to have the authority to do and
  74. 3:05in both cases your position and their
  75. 3:07position was in effect that The end
  76. 3:09justifies the means no I'm not I'm not
  77. 3:12going to speak for what their position
  78. 3:14is but I don't think that fairly
  79. 3:15summarizes what my position was all
  80. 3:17right I'm sure some of the other me some
  81. 3:19of the the other persons here are going
  82. 3:21to question you on that
  83. 3:24issue did President Nixon through Mr
  84. 3:27halderman approve the recommendation for
  85. 3:30change which you had made on behalf of
  86. 3:31the entire intelligence Community
  87. 3:34yes what happened after
  88. 3:36that the question then arose as to how
  89. 3:39the decisions were to be
  90. 3:41implemented I had recommended to Mr
  91. 3:44halman that I felt that the president
  92. 3:46ought to call the directors back into
  93. 3:48his office and inform them personally of
  94. 3:50his decisions seemed to me that that was
  95. 3:53the proper course to take particularly
  96. 3:56in view of the sensitivity of the of the
  97. 3:58decisions relative to Mr
  98. 4:01Hoover however the president Mr
  99. 4:04halderman didn't think that that was
  100. 4:06necessary uh so then the question became
  101. 4:09how should a decision memorandum go
  102. 4:12out um Mr halman seemed to think that it
  103. 4:16was not necessary for either he or the
  104. 4:18president to uh do that and so I was
  105. 4:22nominated and you sent it out yes I did
  106. 4:24over my
  107. 4:26signature this
  108. 4:28document repres
  109. 4:30presented your proposals to the
  110. 4:33president
  111. 4:35for lifting or
  112. 4:38relaxing certain
  113. 4:40restraints on the intelligence Community
  114. 4:43with respect to gathering information on
  115. 4:46uh what you call the Revolutionary
  116. 4:49climate I would suppose that had
  117. 4:51reference to the anti-war demonstrations
  118. 4:53and anti-war protest group Senator I
  119. 4:56really was peripherally interested in
  120. 4:59antiwar demonstrations what I was
  121. 5:01concerned about was the 40,000 bombings
  122. 5:03that took place in one year what I was
  123. 5:06concerned about was the 39 police
  124. 5:08officers who were killed in sniping
  125. 5:11incidents yes and and everything
  126. 5:13connected with that well that's what I
  127. 5:16mean when I'm talking about
  128. 5:17revolutionary violence as opposed to
  129. 5:20anti-war
  130. 5:24demonstrations but whatever your purpose
  131. 5:27the the uh document you sent to the
  132. 5:30president contained your recommendations
  133. 5:33for lifting or relaxing certain
  134. 5:36restraints keeping restraints as in the
  135. 5:38case of the military and in some cases
  136. 5:41keeping
  137. 5:43restraints
  138. 5:46now was it your understanding when you
  139. 5:48submitted that document to the president
  140. 5:50that his authority was being
  141. 5:53requested for lifting or relaxing
  142. 5:56restraints if he chose to accept your
  143. 5:59recommendation
  144. 6:02yes now turning to um the question of
  145. 6:07male
  146. 6:09coverage on page two of your
  147. 6:13recommendations I
  148. 6:15read recommendation restrictions on
  149. 6:18legal coverage should be
  150. 6:21removed and I take it by legal coverage
  151. 6:24you had reference to the
  152. 6:27procedure that enables
  153. 6:30intelligence agencies law enforcement
  154. 6:32agencies to look at the envelopes if the
  155. 6:34procedure is followed there is a legal
  156. 6:36way for doing that yes then you
  157. 6:38recommended also present restrictions on
  158. 6:42Covert coverage should be relaxed on
  159. 6:45selected targets of priority foreign
  160. 6:48intelligence and and internal security
  161. 6:50interest now
  162. 6:51here you were referring to opening the
  163. 6:55mail were you not yes and that was
  164. 6:58against the law was it not
  165. 7:03yes
  166. 7:05so you were making a very serious
  167. 7:07recommendation to Mr Nixon you were
  168. 7:10recommending that he authorize mail
  169. 7:13openings even though such openings were
  170. 7:17a violation of the
  171. 7:20law well I I think what we were what was
  172. 7:23being recommended was that they be
  173. 7:25employed in spite of the fact that there
  174. 7:28was a federal law that prohib prohibited
  175. 7:30but as in the kind in in relationship
  176. 7:32both to male and to surreptitious entry
  177. 7:35there was and of course electronic
  178. 7:37surveillance there was the whole
  179. 7:39question as to whether in essence the
  180. 7:40Fourth Amendment applied to the
  181. 7:42president in the exercise of his
  182. 7:44internal security power and I think
  183. 7:45that's where that's why I earlier said
  184. 7:47that when you asked me about our
  185. 7:49thinking uh I think this is where the
  186. 7:51question arose in my mind what we were
  187. 7:54talking about is something that I'd been
  188. 7:55told had been done for 25
  189. 7:58years uh that had been done with the
  190. 8:00knowledge of the professional
  191. 8:02intelligence Community the people who
  192. 8:03had been here long before we got in town
  193. 8:05and be here long after we left town the
  194. 8:08question really
  195. 8:09was question of whether inherent in the
  196. 8:12executive power in matters involving
  197. 8:15internal security or the security of the
  198. 8:16state the president could act contrary
  199. 8:19to the dictates of a statute and I think
  200. 8:21that was the kind of dilemma that we
  201. 8:23recommending you were recommending that
  202. 8:25the president in this case
  203. 8:30authorize maale openings even though
  204. 8:34such action was contrary to the federal
  205. 8:36statute yes sir
  206. 8:38yeah and you have suggested that there
  207. 8:40might be some inherent right that
  208. 8:43circumvents the Fourth Amendment to the
  209. 8:45Constitution of the United States
  210. 8:46guaranteeing citizens against
  211. 8:48unreasonable searches and seizures
  212. 8:50without a warrant bearing upon um
  213. 8:55the uh National
  214. 8:58Security um responsibilities of the
  215. 9:00president Senator I think this really
  216. 9:02goes to the heart of the of the matter
  217. 9:04as you well know and I think if you
  218. 9:05recall in the Safe Streets act there was
  219. 9:08a Proviso clause in there that said to
  220. 9:11the effect that nothing this act is to
  221. 9:13be deemed to limit the power whatever
  222. 9:15power the president may have with
  223. 9:17respect to National Security matters I
  224. 9:19think it was that kind of approach to
  225. 9:21this whole area of Fourth Amendment
  226. 9:23rights as they involve in terms of
  227. 9:25National Security internal security that
  228. 9:27open the door to The Men Who in good
  229. 9:30conscience thought they could go ahead
  230. 9:31and do it now you yourself have
  231. 9:34suggested this was a very serious
  232. 9:36question Y and you were asking the
  233. 9:39president to take action that violated a
  234. 9:41federal statute upon the theory that he
  235. 9:44had some inherent right to do this now
  236. 9:48since that is such a central question
  237. 9:50since it does go to the protection
  238. 9:52offered American citizens with the
  239. 9:54Fourth Amendment of the Constitution did
  240. 9:56you take the matter up with the attorney
  241. 9:58general the United States to secure his
  242. 10:01opinion no no no when you
  243. 10:07testified uh
  244. 10:11earlier in executive
  245. 10:15session uh you were
  246. 10:18asked uh the
  247. 10:22following
  248. 10:24question
  249. 10:27notw you were not aware of the fact I
  250. 10:30take it that at this time the time you
  251. 10:33were submitting your recommendations to
  252. 10:35the
  253. 10:36president uh the CIA was was opening a
  254. 10:41mail Mr Houston you replied
  255. 10:45No in fact I think one of the more
  256. 10:48interesting things in this whole thing
  257. 10:50is why I didn't know half the things I
  258. 10:53didn't know when the president of the
  259. 10:55United States sat across the table from
  260. 10:57the directors of the intell
  261. 11:00agencies and said I want a complete
  262. 11:02report on what's going
  263. 11:04on I didn't know about the CIA mail
  264. 11:07openings I didn't know about the coel
  265. 11:10program these people were conducting all
  266. 11:12of these things on their own that the
  267. 11:15president of the United States didn't
  268. 11:16know
  269. 11:18about do you still stand by that
  270. 11:21testimony with the exception that I
  271. 11:24assume I I guess I can't be positive the
  272. 11:27president didn't know if he learned
  273. 11:29learn from other sources but I can say
  274. 11:31that I certainly didn't know about it
  275. 11:32and it was my responsibility to see that
  276. 11:35the president knew what was going
  277. 11:37on and to your knowledge he did not no
  278. 11:40to my knowledge he did not know and it
  279. 11:42would have been a very curious exercise
  280. 11:45for him wouldn't it to look at your
  281. 11:47recommendations asking for his authority
  282. 11:50to open the mail if he already knew that
  283. 11:52the practice had been going on for a
  284. 11:54long time before his authority was asked
  285. 11:56yes yes and he never raised that with
  286. 11:59you
  287. 12:02no and 5 days later upon reconsideration
  288. 12:06when he pulled back
  289. 12:09this and this report or this
  290. 12:15directive
  291. 12:17um did he do that for the purpose of
  292. 12:21revoking The Authority that he had given
  293. 12:25yes because Mr Hoover and Attorney
  294. 12:27General Mitchell had prevailed upon him
  295. 12:30to change his decision which he did and
  296. 12:33there was certainly no doubt in my mind
  297. 12:36nor do I think could there have
  298. 12:37conceivably been any doubt in the mind
  299. 12:39of any of the other people who have been
  300. 12:40involved that the revocation of the the
  301. 12:43recall of the decision memoranda meant a
  302. 12:46reversal of the president's position so
  303. 12:48the president revoked The Authority he
  304. 12:50had given yes for such things as mail
  305. 12:54openings
  306. 12:55yes and yet are you aware that the mail
  307. 12:58openings Contin for a long time after
  308. 13:00that revocation well I've read the
  309. 13:02Rockefeller Commission report
  310. 13:23yes senator of course is that I kind of
  311. 13:26sat down here and created out a whole
  312. 13:28cloth of entire array of of new
  313. 13:31techniques to exploit and infringe upon
  314. 13:34the civil liberties of the American
  315. 13:35people and that I forc it down dick
  316. 13:37Helm's throat and I Blackjack Admiral
  317. 13:40Gyer and I really used my heavy weight
  318. 13:43on all these poor little professional
  319. 13:45intelligence people and forc them into
  320. 13:47to coming up with all this now I think
  321. 13:50the fact of the matter is that the
  322. 13:51entire intelligence community at in the
  323. 13:54summer of 1970 thought we had a serious
  324. 13:57crisis in this country I thought we had
  325. 13:59a serious crisis in this country my
  326. 14:01attitude was that we've got to do
  327. 14:03something about it who knows what to do
  328. 14:06about it the professional intelligence
  329. 14:07Community the professional intelligence
  330. 14:09Community tells me this is what you give
  331. 14:11us these tools we can solve the problem
  332. 14:14I recommended those tools the thing is
  333. 14:16interesting to me about the fact that I
  334. 14:18didn't know about the mail openings I
  335. 14:19didn't know about the the uh uh coel
  336. 14:22program is that if we had known that
  337. 14:25many of these tools that they were
  338. 14:27asking for permission to use were
  339. 14:29already being used and we still weren't
  340. 14:30getting any results it conceivably would
  341. 14:33have changed our entire attitude
  342. 14:36toward the confidence we are willing to
  343. 14:38place in the hands of the intelligence
  344. 14:39community in dealing with this problem
  345. 14:42so I don't I since I've been out front
  346. 14:44of you know since first time we talked
  347. 14:47back in May of in when the armed
  348. 14:49services committee I mean I've been out
  349. 14:50front on this thing at the Houston plan
  350. 14:53I never wrote this report me that
  351. 14:55everyone calls the Houston plan I didn't
  352. 14:57write that report but all I all I want
  353. 15:01to say the record is I thought we had a
  354. 15:03serious problem I wasn't concerned about
  355. 15:05people who didn't like the War I wasn't
  356. 15:06concerned about people who thought Nixon
  357. 15:08was a l i wasn't concerned about who was
  358. 15:10going to be the Democratic nominee I'm
  359. 15:12talking about we were talking about
  360. 15:14bombers we were talking about assassins
  361. 15:15we were talking about snipers and we
  362. 15:18were I felt something had to be done
  363. 15:20these people said here's the tools we
  364. 15:22need I take full responsibility I
  365. 15:24recommended it so so what you're saying
  366. 15:26is really then that the inspiration for
  367. 15:29the report in most of its aspects in the
  368. 15:32absence of of anything but the scantiest
  369. 15:35of guidelines by the White House
  370. 15:38actually came from the agencies involved
  371. 15:41yes senator for example I never heard of
  372. 15:43nid 6 I never saw nid 6 for all I know
  373. 15:46niss 6 says you can have free lunch in
  374. 15:48the White House mess and and yet you
  375. 15:51know it's in here as a recommendation
  376. 15:53what was your attitude toward the
  377. 15:55president's decision to or the revers of
  378. 15:59his decision it resulted in rejection of
  379. 16:01the plan well I thought it I I thought
  380. 16:04it was a mistake for several reasons the
  381. 16:07first reason I thought it was a mistake
  382. 16:08is that it put us back to Ground Zero
  383. 16:11which was not merely back to ground zero
  384. 16:13in terms of operational techniques but
  385. 16:15back to ground zero in terms of lack of
  386. 16:18any coordination among the intelligence
  387. 16:20agencies secondly I felt in my own mind
  388. 16:24that Mr Hoover's objections were Les
  389. 16:27were were not uh based uh on well I want
  390. 16:31to phrase I thought that that not all of
  391. 16:32Mr Hoover's objections uh had been
  392. 16:35meritoriously submitted to the president
  393. 16:37is what he was really concerned about uh
  394. 16:40and and thirdly frankly I was concerned
  395. 16:43about what the effect is would have on
  396. 16:45the intelligence Community other than
  397. 16:47the FBI uh if they could put their back
  398. 16:50into this project which is supposed to
  399. 16:51been a joint effort they all reached a
  400. 16:54consensus and then one person director
  401. 16:56of the FBI could succeed in in reversing
  402. 16:59it so while you did not prepare this
  403. 17:03plan you were in fact its Advocate yes
  404. 17:08sir what
  405. 17:10um legal justification or other
  406. 17:13justification do you
  407. 17:15have as an attorney and an officer of
  408. 17:18the court and as a public officer sworn
  409. 17:21to hold the Constitution and the laws of
  410. 17:23the land to entertain and recommend
  411. 17:26illegal acts by the government well as I
  412. 17:29said senator in my it was my opinion at
  413. 17:32the time that simply the Fourth
  414. 17:33Amendment didn't apply to the president
  415. 17:35the exercise of matters relating to the
  416. 17:38internal security or national security
  417. 17:40it was a argument that Mr Justice
  418. 17:42Douglas for example anticipated in the
  419. 17:44United States district court case that
  420. 17:47rued
  421. 17:48unconstitutional the uh domestic wir TS
  422. 17:51because up until
  423. 17:541972 every president and with the
  424. 17:56possible exception of Attorney General
  425. 17:59uh Clark every attorney general argued
  426. 18:02that the president had inherent
  427. 18:03Authority Under the uh and executive
  428. 18:07power to engage in warrantless wire tabs
  429. 18:11and although the court in criminal
  430. 18:13matters had clearly held that a
  431. 18:14warrantless wir tap violated the Fourth
  432. 18:16Amendment yet the justice department
  433. 18:18even took the case to the Supreme Court
  434. 18:20because they felt that there was that
  435. 18:21inherent power and you and I both know
  436. 18:24as lawyers that if if there's an
  437. 18:26exception to the Fourth Amendment for
  438. 18:27electronic surveillance which is a
  439. 18:29trespass a common law then it doesn't
  440. 18:32take a lot of imagination to extend that
  441. 18:34from the trespass fee of the telephone
  442. 18:36to trespass via shp's entry or mail
  443. 18:39opening and that's frankly the kind of
  444. 18:41dangerous road that we were hustling
  445. 18:43down at this point all right if that's
  446. 18:45your justification why did you call it
  447. 18:47illegal then what your arguing is that
  448. 18:49it is legal for the president to violate
  449. 18:53uh rights constitutional legal rights of
  450. 18:56citizens if he's the president and if he
  451. 18:58invokes
  452. 18:59National Security is a justification but
  453. 19:01you didn't say that in your memo you
  454. 19:02said these things are illegal now which
  455. 19:04is it well I think that for for all for
  456. 19:08the for the purposes that seemed to me
  457. 19:09to be most relevant at the time that the
  458. 19:12that is that the operative action the
  459. 19:15operation is going to be undertaken by
  460. 19:17an individual who if he's caught is
  461. 19:18going to go to jail he's clearly illegal
  462. 19:21yeah and uh so that it would be fair to
  463. 19:25say that you understood and told the
  464. 19:28president president was illegal but to
  465. 19:30justify it now you invoke a national
  466. 19:33security defense which would make it
  467. 19:34legal no I'm not which which position is
  468. 19:37it I'm I'm Senator I'm not invoking any
  469. 19:40defense now because it uh you asked me
  470. 19:43what my opinion was at the time not what
  471. 19:45my opinion is now all right but what I'm
  472. 19:47saying to you is that the consideration
  473. 19:50that was that was given by not only me
  474. 19:53but by the other people who signed this
  475. 19:56report to discuss these things are
  476. 19:59was that frankly it was within the power
  477. 20:01of the president to do it all right why
  478. 20:03didn't you say that in your memo that
  479. 20:05this is would appear to be illegal but
  480. 20:07in fact it's legal because as president
  481. 20:10you have powers not mentioned in the
  482. 20:12Constitution but Powers which in our
  483. 20:14judgment we feel every president
  484. 20:17possesses uh which are such that the law
  485. 20:19doesn't apply to you and the
  486. 20:21constitutional rights of the citizens
  487. 20:23don't apply where the president decides
  488. 20:26that um the National Security
  489. 20:29dictates of course why didn't you say
  490. 20:31that instead of that you said it was
  491. 20:32illegal I said that because that's what
  492. 20:34the report had said all right now you
  493. 20:38recall at the time you were
  494. 20:41discussing these various options to be
  495. 20:44recommended to the
  496. 20:45president what the position was of the
  497. 20:48principals representing the various
  498. 20:50agencies you had a representative from
  499. 20:52the NSA one from the CIA one from the
  500. 20:57DIA and one from the
  501. 20:59FBI uh which of them
  502. 21:02objected uh during the course of making
  503. 21:05up these options to these
  504. 21:08um recommendations which involved
  505. 21:11illegal
  506. 21:12acts at the working group level I don't
  507. 21:15recall any objection do you recall any
  508. 21:17of them ever saying we can't do this
  509. 21:20because it's illegal no can you recall
  510. 21:23any discussion whatsoever concerning the
  511. 21:26illegality of these recommendations
  512. 21:29no does that strike you as peculiar that
  513. 21:33top public
  514. 21:35officers in the most uh high level and
  515. 21:39sensitive positions of government would
  516. 21:41discuss recommending to the president
  517. 21:44actions which are clearly illegal and
  518. 21:46possibly unconstitutional without ever
  519. 21:48asking themselves whether that was a
  520. 21:50proper thing for them to be
  521. 21:52doing yes I think it is except for the
  522. 21:55fact that I think for many of those
  523. 21:57people you were talking about something
  524. 21:59that they have been aware of had been
  525. 22:00undertaking for a long period of time is
  526. 22:03that an an adequate justification I'm
  527. 22:06I'm Senator I'm not trying to justify
  528. 22:07I'm just trying to tell you what my
  529. 22:09impression is of what happened at the
  530. 22:11time if criminals could be excused on
  531. 22:14the grounds that someone had done it
  532. 22:16before there wouldn't be much population
  533. 22:19any of the prisons today would there no
  534. 22:22what other things were being done as you
  535. 22:24later discovered by the intelligence
  536. 22:26community that may or may not have been
  537. 22:28recommended in your report that deal
  538. 22:31with similar matters I think there were
  539. 22:33several things that were critically
  540. 22:35important that we should have known
  541. 22:36about that we didn't and could have very
  542. 22:38easily influenced our judgment one of
  543. 22:40course was the co-intel program which we
  544. 22:42didn't know about operation chos or
  545. 22:45chaos or whatever it was that the the
  546. 22:47CIA had its own private operation going
  547. 22:50that we didn't know about can you tell
  548. 22:52us or is there any reason why the
  549. 22:54witness should not tell us what coel and
  550. 22:56Chaos were the the program no there
  551. 22:59there's no reason the justice department
  552. 23:02has now made disclosures on Co inel and
  553. 23:04I think the Rockefeller report set out
  554. 23:08uh uh operation chaos briefly for this
  555. 23:11record Mr Houston what were Co inel and
  556. 23:13what work as I understand the co inel
  557. 23:15program was essentially designed to sew
  558. 23:18Discord and and was a I don't know what
  559. 23:21the correct technical term for it is but
  560. 23:23it was an offensive uh program against
  561. 23:27uh Des designated and targets by the FBI
  562. 23:31uh in terms of uh give us an example
  563. 23:33well for example that Professor Jones is
  564. 23:36a member of the Socialist Workers Party
  565. 23:38and he's running for the school board
  566. 23:40and so friendly neighborhood FBI agent
  567. 23:42sends a letter to the uh newspaper
  568. 23:45saying you may not know this but this
  569. 23:47bir just running for the school board as
  570. 23:48a member of the Socialist Workers Party
  571. 23:50all right the co inel program you did
  572. 23:52not know about at the time of the filing
  573. 23:53of the Houston and you later learned
  574. 23:55about yes how did you later learn of it
  575. 23:58well when the justice department
  576. 23:59released the report you know whether or
  577. 24:01not the president of the United States
  578. 24:03knew of the coel program I don't believe
  579. 24:04so the all the information has been made
  580. 24:07public indicates that that no one
  581. 24:09outside the bureau was to know about it
  582. 24:11including anyone in the Justice
  583. 24:12Department including the Attorney
  584. 24:14General including the attorney general
  585. 24:17what was the other operation well the
  586. 24:18operation chaos and that is that that
  587. 24:21the apparently the CIA had a group set
  588. 24:24up that was direct was concerned Direct
  589. 24:28ly with matters affecting domestic
  590. 24:31intelligence collection or events that
  591. 24:34were occurring within the continental
  592. 24:35United
  593. 24:36States uh I didn't we didn't know about
  594. 24:40that in fact the impression that we had
  595. 24:43all along was that the CIA uh had very
  596. 24:47little interest in or coverage of areas
  597. 24:49which we thought were important which
  598. 24:51was what happened abroad when these
  599. 24:53people uh who were under surveillance by
  600. 24:56the FBI left the country that's where we
  601. 24:58thought the CIA effort should be all
  602. 25:01right I'm told that I have only one
  603. 25:03minute left Mr Houston let me ask you
  604. 25:05this uh do you have any information can
  605. 25:08you tell me quickly who authorized
  606. 25:10either Co inel or chaos was it a
  607. 25:13presidential authorization I I think so
  608. 25:16I I don't think any president knew about
  609. 25:18it and I think both of those programs
  610. 25:21went were originated before this
  611. 25:23Administration I think Co Andel went
  612. 25:26back into the Johnson Administration
  613. 25:28in operation chaos not trying to
  614. 25:31establish blame even responsibility I'm
  615. 25:33just trying to establish in my own
  616. 25:35Mind's Eye whether in these projects the
  617. 25:38agencies were self-starters or whether
  618. 25:39someone up the scale may have authorized
  619. 25:42uh I don't know except that they were
  620. 25:44originated in a prior Administration and
  621. 25:47and my understanding is that President
  622. 25:49Johnson didn't know about it and I don't
  623. 25:51believe President Nixon knew about thank
  624. 25:52you thank you Mr Senator Goldwater thank
  625. 25:56you Mr chairman
  626. 25:58I have a watch in front of me and I will
  627. 26:00confine myself to 10 minutes some of the
  628. 26:03interrogations have run
  629. 26:0515 but uh I don't have more than 10
  630. 26:08minutes worth I want to speak first
  631. 26:11about the Internal Revenue Service and
  632. 26:14I'm very happy that the chairman has
  633. 26:16mentioned this
  634. 26:17subject somebody on this committee has
  635. 26:20likened the CIA to a bull elephant
  636. 26:23running rampant I liken the IRS to a
  637. 26:27rattlesnake gliding along in the grass
  638. 26:30probably the greatest threat to American
  639. 26:32freedom and Americans of anything we
  640. 26:35have and yet this morning is the first
  641. 26:37public indication I've heard that the
  642. 26:39Internal Revenue Service is going to be
  643. 26:41investigated and I think it's time I
  644. 26:44notice a report or letter written by you
  645. 26:47on September 21st in which you said
  646. 26:51nearly 18 months ago the president
  647. 26:53indicated a desire for IRS to move
  648. 26:55against leftist organizations taking
  649. 26:58taking advantage of tax shelters I have
  650. 27:01been pressing IRS since that time to no
  651. 27:04avail in other words the IRS will
  652. 27:07protect any organization in this country
  653. 27:10they feel like protecting and close down
  654. 27:13on any organization that they feel like
  655. 27:16protecting and I think it's high time
  656. 27:18that this committee or some other
  657. 27:20committee expose just what we're up
  658. 27:23against in this country because the
  659. 27:25power to tax is the power to destroy now
  660. 27:28Mr Houston have you ever been a member
  661. 27:30of the CIA no sir FBI no sir Dia yes I
  662. 27:35was assigned to the DIA when I was an
  663. 27:37Army intelligence officer were you hired
  664. 27:40by the White House as a speech writer at
  665. 27:42one time yes sir and it was from that
  666. 27:45that you went into the preparation of
  667. 27:46the so-called Houston plan yes sir was
  668. 27:49the Houston plan ever used no sir never
  669. 27:52put into effect
  670. 27:56no what do you think about the Houston
  671. 27:58plan as you sit here
  672. 28:00today well Senator I think that the I I
  673. 28:04still believe that there is
  674. 28:07a uh a threat that may be characterized
  675. 28:11and defined as an internal security
  676. 28:13threat I think there are people that
  677. 28:15want to destroy this country I think
  678. 28:17there are people that are willing to go
  679. 28:18to Great Lengths to do it I think the
  680. 28:20two attempts upon the life of the
  681. 28:22president are symptomatic of that and so
  682. 28:25I think there's a great an
  683. 28:29necessary place in our society for an
  684. 28:31effective domestic intelligence
  685. 28:33collection effort and more importantly
  686. 28:36than collection for professional
  687. 28:38analysis of that
  688. 28:40information I think that it's perhaps
  689. 28:44easy uh to
  690. 28:46justify the emphasis that we attached in
  691. 28:481970 but I think it's just as easy to
  692. 28:51discount it I was we were sitting in the
  693. 28:54white house getting reports day in and
  694. 28:57day out of
  695. 28:59what was happening in this country in
  696. 29:01terms of the violence the numbers of
  697. 29:04bombings the assassination attempts the
  698. 29:06the sniping incidents 40,000 bombings
  699. 29:09for example in a period R Roc facilities
  700. 29:13in the month of May and a two-e period
  701. 29:14we are averaging six Barson a day
  702. 29:16against ROTC
  703. 29:18facilities what happened then I think is
  704. 29:21at least from from my
  705. 29:23perspective is that we were convinced
  706. 29:26ourselves that this was something that
  707. 29:27was going to get continue to get
  708. 29:29worse until we reached the point where
  709. 29:31all the people who are protect who were
  710. 29:33predicting police state repression were
  711. 29:35going to get what it was going to become
  712. 29:37a self-fulfilling prophecy because that
  713. 29:39was the only way it was going to be
  714. 29:40handled as for example I suspected had
  715. 29:42been true in the Chicago Black Panther
  716. 29:45raid and then the Los Angeles black
  717. 29:46panther
  718. 29:47shootout so my view was that we had to
  719. 29:50do something to stop it uh Mr White
  720. 29:53would say that this authorized extension
  721. 29:55into every person's mailbox a aside
  722. 29:58theoretically that may be true although
  723. 30:01I don't think that the terms that we use
  724. 30:03in terms of Highly selective targets or
  725. 30:05top priority Target was a bit looser
  726. 30:08than the terms that uh attorney general
  727. 30:10Clark used and and when he got
  728. 30:12authorization from President Roosevelt
  729. 30:14and when President Truman authorized
  730. 30:16electronic surveillance uh but the the
  731. 30:19fact of the matter is that we were
  732. 30:22motivated unjustly perhaps or
  733. 30:24unreasonably or unconscionably by a
  734. 30:27legitimate concern that was related to
  735. 30:29to the lives and the property of people
  736. 30:31that were subject to random acts of
  737. 30:33violence my view was that I had
  738. 30:35confidence in the professional
  739. 30:36intelligence Community these were the
  740. 30:39professionals these are the people who
  741. 30:40had been authorized to solve these
  742. 30:43problems what I didn't realize then is
  743. 30:46that these kinds of of
  744. 30:49programs uh although theoretically
  745. 30:52conceptually can be narrowly used in the
  746. 30:54best interest of the country by
  747. 30:55responsible people uh can lead to the
  748. 30:59type of thing that happened with the
  749. 31:00plumbers and with the Watergate now
  750. 31:02everyone tries to link the Houston plan
  751. 31:04as the precursor of the plumbers in the
  752. 31:06Water Gate I and in my mind that's
  753. 31:10totally untrue uh but it's obvious to me
  754. 31:14that this kind of thing lends itself too
  755. 31:17easily to the type of corruption that
  756. 31:18we've seen and therefore I've come to
  757. 31:22the conclusion that whereas I would
  758. 31:25traditionally have taken the position
  759. 31:26that I'm willing to run run the some
  760. 31:29small risk of infringing upon some small
  761. 31:31portion of the Public's otherwise
  762. 31:33legiate rights for the greater good of
  763. 31:36the security of all the people I now
  764. 31:39have come to the conclusion that that we
  765. 31:42have no practical alternative but to
  766. 31:44take a far greater risk that there are
  767. 31:46going to be these kinds of things that
  768. 31:48we can't deal effectively against uh
  769. 31:51until such time as perhaps uh our
  770. 31:55recourse is simply to the ongoing
  771. 31:57Criminal
  772. 31:58process uh so I uh but I I don't want to
  773. 32:03leave the impression that I think that
  774. 32:05there's no problem because I think that
  775. 32:07that we need to deal with this thing in
  776. 32:09such a way as to maximize the respect
  777. 32:12for the rights of the citizens at the
  778. 32:14same time not destroying the capability
  779. 32:17of the people acting through their
  780. 32:18government to protect themselves against
  781. 32:20those who would destroy this country
  782. 32:22well I thank you Mr Houston for that
  783. 32:23statement I agree with that statement
  784. 32:26100% I have no other questions I'll just
  785. 32:29comment that as long as we have Daniel
  786. 32:32ellsberg's some newspapers
  787. 32:36journalist uh media people
  788. 32:41organizations intent on changing the
  789. 32:44basic philosophy of this country by the
  790. 32:47same kind of subversion that you are now
  791. 32:51being at least charged with part way uh
  792. 32:55I think we have to be forever on our
  793. 32:57toes
  794. 32:58and I think you've expressed your
  795. 33:00purpose
  796. 33:02well every time I pick up a morning
  797. 33:04paper or an evening paper and I see the
  798. 33:06disclosure of secrets that I thought
  799. 33:09were locked up in my brain or my heart
  800. 33:11or my safe I get worried about my
  801. 33:15country and I hope that this committee
  802. 33:17through the continued diligence of its
  803. 33:19chairman and staff members will disclose
  804. 33:23everything
  805. 33:24wrong with this country
  806. 33:28that's all I have thank you Senator
  807. 33:36Goldwater you've indicated that
  808. 33:39uh after the fact you found out that
  809. 33:41many of the agencies that were on that
  810. 33:43inter agency task force were
  811. 33:45using tools that they were sitting
  812. 33:49there discussing White House approval
  813. 33:52for obtaining uh why do you think they
  814. 33:54were they were going through this
  815. 33:56charade I wish I knew I don't know I
  816. 33:59think
  817. 34:00that I think part of the problem was
  818. 34:03that if the other agencies knew they
  819. 34:04were doing it there would have been all
  820. 34:06sorts of problems because for example
  821. 34:09the FBI greatly resented President
  822. 34:11Johnson ordering the military
  823. 34:12intelligence into the domestic
  824. 34:13collection area in 1967 because that was
  825. 34:16their Charter but the president directly
  826. 34:19ordered it and they had to live with it
  827. 34:21although they certainly were anxious and
  828. 34:22happy that the urban committee hearings
  829. 34:24blew that out of the water and got those
  830. 34:26people out of the business
  831. 34:28I think for example the FBI and Mr
  832. 34:30Hoover would have had an absolute stroke
  833. 34:32if he had known that the CIA had an
  834. 34:34operation chaos oper going on uh so I
  835. 34:38think that the last thing the world of
  836. 34:39CIA would have done was to disclose to
  837. 34:41the bureau that they were working on
  838. 34:43their Turf I think so I think inter
  839. 34:45agency jealousies and rivalries had part
  840. 34:48to do with it I think the second thing
  841. 34:50is that if you've got a program going
  842. 34:52and you're perfectly happy with its
  843. 34:54results why take the risk that it might
  844. 34:56be turned off if the president the
  845. 34:57United States decides he doesn't want
  846. 34:59you to do it because they had no way of
  847. 35:01knowing in advance what decision the
  848. 35:03president might make so why should the
  849. 35:05CIA run the risk that the president may
  850. 35:07say hell no I don't want you guys
  851. 35:09opening any mail then if they had
  852. 35:11admitted it they' had to close the thing
  853. 35:13down the co-intel program apparently
  854. 35:16even the justice department didn't know
  855. 35:17about that if they' have told me it was
  856. 35:20obvious that uh you know that the word
  857. 35:22would have been out so it seems to me
  858. 35:25that many of these agencies just kind of
  859. 35:26operated in their own world and and had
  860. 35:29their own programs going uh they didn't
  861. 35:32want anyone else to know it and the
  862. 35:33thing that intrigues me is that I always
  863. 35:35was the illusion that the purpose of
  864. 35:36intelligence was to provide policy
  865. 35:38makers with information upon which to
  866. 35:40make policies but if the policy maker
  867. 35:42doesn't even know that those sources of
  868. 35:44information are available I don't know
  869. 35:45what in the world good it does anybody
  870. 35:47except the people who are operating it
  871. 35:49for their own gratification this really
  872. 35:50brings us back to Senator male's
  873. 35:53question how can a president uh feel
  874. 35:56that uh
  875. 35:58the law is being obeyed and presidential
  876. 36:01policy is being adhered to and uh
  877. 36:05doesn't that bring us then full circle
  878. 36:09back to the Constitution and to uh the
  879. 36:15Assurance the extent that we can be sure
  880. 36:17of any human undertaking that the
  881. 36:19constitution is understood that loyalty
  882. 36:22to the Constitution
  883. 36:24is being given by every public servant
  884. 36:28yes I think it comes back to a an
  885. 36:31assumption by all officers of what an
  886. 36:33agreement among all people in government
  887. 36:35is exactly what the limits and
  888. 36:37responsibilities and obligations opposed
  889. 36:39by the Constitution are but I think that
  890. 36:41the problem that we've had and is not
  891. 36:44just in this area Senator I think is in
  892. 36:46many areas that over the past 30 years
  893. 36:48you've had an accretion of Little Steps
  894. 36:52increased claim of executive power and
  895. 36:56pretty soon after 30 year period all of
  896. 36:58a sudden you woke up one morning and
  897. 37:00here was this creature that had been
  898. 37:01created that no one along the line had
  899. 37:03ever really contemplated each of these
  900. 37:06steps I think initially were innocent
  901. 37:08honest honest steps I I think most of
  902. 37:11these in my belief that these people
  903. 37:13intelligence Community were honest
  904. 37:15people dedicated people wanting to do
  905. 37:18what an honest job or what they thought
  906. 37:20was best for the country and I don't
  907. 37:22think that they were out to destroy the
  908. 37:24Liberties of the American people for any
  909. 37:26perverse political purpose
  910. 37:28but what happened in my judgment in this
  911. 37:30area where I got sucked in when I should
  912. 37:32have known better and where many other
  913. 37:34more intelligent sophisticated people
  914. 37:36have got sucked in in other areas is the
  915. 37:39whole concept of some of inherent
  916. 37:42executive power that really extends
  917. 37:46beyond anything contemplated by those
  918. 37:48who made the incremental claims as we
  919. 37:50went through the years and I think that
  920. 37:53position has been reached and now
  921. 37:55there's some hard looks at this and some
  922. 37:57knocks and perhaps we're even my
  923. 37:59judgment a little bit too much the other
  924. 38:01way uh but I think that's healthy and I
  925. 38:04think that that we're on the right track

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