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(GENERAL ACCOUNTING OFFICE)

HEARINGS

BEFORE THE

SUBCOMMITTEE ON CONSTITUTIONAL RIGHTS

OF THE

COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE

EIGHTY-SIXTH CONGRESS

FIRST SESSION

(PURSUANT TO S. RES. 62, 86TH CONGRESS, 1ST SESSION)

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CHARLES H. SLAYMAN, Jr., Chief Counsel and Staff Director
WILLIAM D. PATTON, First Assistant Counsel and Deputy Staff Director
SUE H. MCCANDLESS, Research Assistant
MARCIA J. MACNAUGHTON, Research Assistant

II

Witnesses:

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Article: "The Executive's Right of Privacy: An Unresolved Constitu-

tional Question," Yale Law Journal, volume 66, No. 4, February

1957__.

Letter to Thomas C. Hennings, Jr., chairman, Senate Constitutional

Rights Subcommittee from J. Russell Wiggins, executive editor,

Washington Post and Times Herald..

Letter to Thomas C. Hennings, Jr., chairman, Senate Constitutional

Rights Subcommittee from Joseph Campbell, Comptroller General

of the United States..

34 Opinions Attorney General 446-

Excerpts from "Availability of Information from Federal Departments

and Agencies," hearing before a Subcommittee of the Committee on

Government Operations, House of Representatives, November 12

and 13, 1958, pages 3885 to 3893 inclusive..

Memorandum on right of the Comptroller General to access to a report

of the Inspector General of the Air Force entitled "Survey of Man-

agement of the Ballistic Missiles Program"...

Letter to Thomas C. Hennings, Jr., chairman, Senate Constitutional

Rights Subcommittee from Hubert H. Humphrey, U.S. Senator

from Minnesota, together with text of an address entitled "The Need

To Know".

Symposium on "Executive Privilege: Public's Right To Know, and

Public Interest," Federal Bar Journal, volume 19, No. 1, January

1959__

Article: "The Power of Congressional Committees of Investigation To

Obtain Information From the Executive Branch: The Argument

for the Legislative Branch," by Philip R. Collins, the Georgetown

Law Journal, volume 39, page 563-

Article: "The Power of the Executive To Withhold Information From

Congressional Investigating Committees," by Richard P. Milloy,

the Georgetown Law Journal, volume 43, page 643..

Letter to Hon. Joseph Campbell, Comptroller General of the United

States, from Robert Dechert, General Counsel, Department of De-

fense, February 3, 1959.

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Department of Defense Directive 7650.1, July 9, 1958..

EXECUTIVE PRIVILEGE

FRIDAY, MARCH 13, 1959

U.S. SENATE,

SUBCOMMITTEE ON CONSTITUTIONAL RIGHTS
OF THE COMMITTEE ON THE JUDICIARY,

Washington, D.C.

The subcommittee met, pursuant to call, at 10 a.m., in room 457, Senate Office Building, Hon. Sam J. Ervin, Jr., acting chairman, presiding.

Present: Senators Ervin, O'Mahoney, and Hruska.

Also present: Charles H. Slayman, Jr., chief counsel, and William D. Patton, first assistant counsel.

Senator ERVIN. The committee will come to order.

I regret very much that illness will prevent the subcommittee chairman, Senator Hennings, from presiding today.

For the past several years the Constitutional Rights Subcommittee has been making a broad study of freedom of information and secrecy in Government. Our chief purpose has been to determine to what extent constitutional rights are being infringed by present-day restrictions on the dissemination of information in this country.

Today, we resume public consideration of an aspect of secrecy in Government which, in my opinion, raises a number of vexing constitutional problems-the asserted power of the President and his subordinates, under the Constitution, to withhold information from the Congress and the public. Among the many difficult questions raised by the exercise of this alleged power or "privilege" are: To what extent does such a constitutional power or "privilege" actually exist? Who may exercise it and under what circumstances? To whom may it be delegated, and how? And, finally, to what extent may it properly be invoked by officials in the so-called independent regulatory agencies?

The subcommittee already has some testimony on this subject. On March 6, 1958, Attorney General Rogers appeared in person before the subcommittee and spelled out his views in considerable detail. Now we want to have the benefit of additional views.

Today's witnesses will include Prof. Joseph W. Bishop, Jr., of the Yale Law School; Mr. Robert Keller, General Counsel of the General Accounting Office; and Mr. Lawrence Powers, also of the General Accounting Office.

In addition to the testimony of these eminent gentlemen, we had hoped to hear testimony from Prof. Edward S. Corwin, who has long been one of the country's leading writers and students of the Presidency; and from J. Russell Wiggins, executive editor of the Washington Post, a leading authority on the entire subject of freedom of information. Unfortunately, illness has prevented Professor

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