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Stateso

Congress, Senate

Committee on
Judiciaryo Subrommittee

Constitutional Rights.
MILITARY SURVEILLANCE

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194a

COMMITTEE ON THE JUDICIARY

JAMES 0. EASTLAND, Mississippi, Chairman JOHN L. MCCLELLAN, Arkansas

ROMAN L. HRUSKA, Nebraska SAM J. ERVIN, JR., North Carolina

HIRAM L. FONG, Hawaii PHILIP A. HART, Michigan

HUGH SCOTT, Pennsylvania
EDWARD M. KENNEDY, Massachusetts STROM THURMOND, South Carolina
BIRCH BAYH, Indiana

MARLOW W. COOK, Kentucky
QUENTIN N. BURDICK, North Dakota CHARLES MCC. MATHIAS, JR., Maryland
ROBERT C. BYRD, West Virginia

EDWARD J. GURNEY, Florida
JOHN V. TUNNEY, California

SUBCOMMITTEE ON CONSTITUTIONAL RIGHTS

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SAM J. ERVIN, JR., North Carolina, Chairman JOHN L. MCCLELLAN, Arkansas

EDWARD J. GURNEY, Florida EDWARD M. KENNEDY, Massachusetts ROMAN L. HRUSKA, Nebraska BIRCH BAYH, Indiana

HIRAM L. FONG, Hawaii ROBERT C. BYRD, West Virginia

STROM THURMOND, South Carolina JOHN V. TUNNEY, California

LAWRENCE M. BASKIR, Chief Counsel and Staff Director

L. BRITT SNIDER, Counsel
CHRISTOPHER H. PYLE, Consultant

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CONTENTS

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103

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HEARING DAYS

Tuesday, April 9, 1974..

Wednesday, April 10, 1974.

TESTIMONY

Opening statement:

Ervin, Hon. Sam J., Jr., U.S. Senator from North Carolina, chairman,

Subcommittee on Constitutional Rights--

Witnesses:

Birkett, Eastman, attorney, Association of the Bar of the city of New

York, representing Cyrus R. Vance, former Under Secretary of

Defense

Bowe, William J., attorney, former intelligence analyst, Department

of the Army -

Cooke, David O., chairman, Defense Investigative Review Council;

accompanied by Robert T. Andrews, Office of the General Counsel;

and Rowland A. Morrow, executive secretary, Defense Investigative

Review Council, Department of Defense.

Downie, John W., Colonel, U.S. Army (Retired)

Jordan, Robert E., III, former general counsel, Department of the

Army-

Mahoney, Barry, attorney, Association of the Bar of the city of New

York -

McGiffert, David E., attorney, former Undersecretary of the Army --

Shattuck, John H. F., National Staff Counsel, American Civil Liberties

Union..

MATERIALS FOR THE RECORD

Submitted by:

Downie, John W., Colonel, U.S. Army (Retired):

The Civil Disturbance Threat 1971-1975.

Mahoney, Barry, attorney, Association of the Bar of the city of New

York:

Prepared statement by -

Report of 1973 by the Bar Association's Committee on Civil

Rights, entitled “Military Surveillance of Civilian Political

Activities”

Shattuck, John H. F., National Staff Counsel, American Civil

Liberties Union:

Prepared statement by -

APPENDIX

Statements for the record:

Jensen, Joan M., professor, University of San Diego, entitled “Military

Surveillance of Civilians, 1917–1967”.

Pyle, Christopher H., professor, John Jay College, New York, dated

April 9, 1974..

Correspondence:

Department of Justice:

Letter, W. Vincent Rakestraw, Assistant Attorney General, to

Senator James 0. Eastland, Chairman of the Committee on the

Judiciary, dated April 16, 1974, regarding departmental

comments on S. 2318

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272

275

Correspondence Continued
Department of Defense:

Letter, Senator Sam J. Ervin, Jr., Chairman of the Senate Sub

committee on Constitutional Rights, to Hon. Melvin R.
Laird, Secretary of Defense, dated April 6, 1972, regarding

use of military personnel to assist local law enforcement..
Letter, J. Fred Buzhardt, General Counsel, Department of

Defense, to Senator Sam J. Ervin, Jr., Chairman, Senate
Subcommittee on Constitutional Rights, dated April 26, 1972,

in reply to Ervin letter of April 6, 1972 -
Letter, Senator Sam J. Ervin, Jr., Chairman of Senate Sub-

committee on Constitutional Rights, to Hon. James R. Schles-
inger, Secretary of Defense, dated July 3, 1973, regarding

activities in the area of domestic intelligence...
Letter, Senator Sam J. Ervin, Jr., Chairman, Senate Subcom-

mittee on Constitutional Rights, to Hon. James R. Schlesinger,
Secretary of Defense, dated July 30, 1973, containing inquiries

into continuing domestic intelligence operations--
Letter, Mr. D. O. Cooke, Deputy Assistant Secretary of Defense,

to Senator Sam J. Ervin, Jr., Chairman, Senate Subcommittee
on Constitutional Rights, dated November 8, 1973, in reply

to Ervin letter of July 30, 1973.-
Letter, Senator Sam J. Ervin, Jr., Chairman, Senate Subcom-

mittee on Constitutional Rights, to Mr. D. 0. Cooke, Deputy
Assistant Secretary of Defense, dated December 10, 1973,
containing inquiries into military intelligence activities in

West Germany
Letter, Senator Sam J. Ervin, Jr., Chairman, Senate Subcom-

mittee on Constitutional Rights, to Col. Mason W. Gant III,
Executive Director, Defense Investigative Service, dated
December 6, 1973, regarding DIS investigations of security

leaks...
Letter, Brig. Gen. Joseph J. Cappucci, Director, Defense In-

vestigative Service, to Senator Sam J. Ervin, Jr., Chairman,
Subcommittee on Constitutional Rights, dated January 2,

1974, in reply to Ervin letter of December 6, 1973.-
Letter, Senator Sam J. Ervin, Jr., Chairman, Subcommittee on

Constitutional Rights, to Mr. D. 0. Cooke, Deputy Assistant
Secretary of Defense, dated January 29, 1974, regarding the
pleading of the Defense Department in the case of People

Against Racism v. Laird..
Letter, Mr. D. 0. Cooke, Deputy Assistant Secretary of Defense,

to Senator Sam J. Ervin, Jr., Chairman, Subcommittee on
Constitutional Rights, dated March 19, 1974, in reply to

Ervin letter of January 29, 1974.-
Letter, Mr. D. 0. Cooke, Deputy Assistant Secretary of Defense,

to Senator Sam J. Ervin, Jr., Chairman, Subcommittee on
Constitutional Rights, dated March 6, 1974, regarding replies
of the Defense Department in response to questions of journal-

ists.
Letter, Mr. D. 0. Cooke, Deputy Assistant Secretary of Defense,

to Senator Sam J. Ervin, Jr., Chairman, Subcommittee on Con-
stitutional Rights, dated March 14, 1974, regarding replies of

the Defense Department in response to questions of journalists.
Letter, Mr. D. 0. Cooke, Deputy Assistant Secretary of Defense,

to Senator Sam J. Ervin, Jr., Chairman, Senate Subcommittee
on Constitutional Rights, dated April 23, 1974, regarding the

Chairman's opening statement at subcommittee hearing -
Letter, Senator Sam J. Ervin, Jr., Chairman, Senate Subcommit-

tee on Constitutional Rights, to Mr. D. 0. Cooke, Deputy
Assistant Secretary of Defense, dated May 6, 1974, in response

to Cooke letter of April 23, 1974.Department of Transportation:

Letter, Rodney E. Eyster, General Counsel, to Senator Sam J.

Ervin, Jr., Chairman, Senate Subcommittee on Constitutional
Rights, dated May 13, 1974, regarding departmental comments
on S. 2318.

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