Page images
PDF
EPUB

CONN TITTEE ON TEE JUDICIARI

JAMIE O LASTLANI MIASinsipni, Chairman JOEN I MOTAHAN ATANS

RINA L EETSEA. Nebraska LAN 1. EKTA JE.. North Carolma ELAN L PUNG, Elawaii PELIPA EAPT Nirnipur

EIGH SCOTT Pendevīvanie ELT AKI M KENNDIT ManarNirett STE IN TERNOND, South Carolina ETETE PATE Indiana

NARO COIL, KEDTDCET QTENTIX X BTWUCL Nord Makita CE ALE MOC. MATEIAS, JR., Maryland ŁOBEZI C. BIŁ Wai Tiramia

EWARD J. GTENET, Florida JOEN T. TTXNEI. Cultiurnia

STBOONMITTEE ON CONSTITTIONAL RIESTS

SAM I. ERTIX, JR., North Caroline, Chairman JOHNL MOCLELLAN ATELIES

ET WARD I. GTENEY, Florida EDWARD M. KENNEDI, Massachusetts BOMAN L FRTSKA. Nebraska BIRCH BATE Indiana

FIRAM L FONG, Hawai ROBERT C. BIRD, War Tirginia

STROM TETEMOND, South Carolina JOHN V. TUNNEI, Cabforte

LA WEENCE M. BASER, Chief ODURRE) and Staf Director

L BEITI SNIDER, Oursel
CALISTOPERE E. PTLE, Oonsultant

CONTENTS

Page

1 103

1

124

73

103 38

14

126 32

[ocr errors]

79

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 Å. 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.

40

126

134

87

169

177

190

Correspondence Continued
Department of Defense:

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

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.

190 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 -

191 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 domestie intelligence -

216 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...

191 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...

195 Letter, Senator Sam J. Ervin, Jr., Chairman, Senate Subcom

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

272 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.

275 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.--

276 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 -

277 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.-

277 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.

279 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.

281 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 -

283 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..--

285 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

286

Other Materials:

Page

287

299

Materials relating to military surveillance prior to 1970:
Memorandum for the Secretary of the Army, “Subject: Review of

Civil Disturbance Intelligence History,” prepared by Robert E.
Jordan III, General Counsel, Department of the Army (un-

dated)
Memorandum for Record (draft), “Subject: Army Civil Disturb-

ance Intelligence Activities,” prepared by Milton B. Hyman,
Office of the General Counsel, Department of the Army,
January 23, 1971..
Message from Department of the Army to major subordinate

commands regarding the use of Army Security Agency person-
nel in civil disturbances, dated 30 March 1968...
Memorandum for record, "Subject: The Background of the Inter-

departmental Action Plan for Civil Disturbances of 1 April
1969,” prepared by Robert E. Jordan III, General Counsel,

Department of the Army, March 22, 1971.
Evidentiary Materials Regarding Military Surveillance of Civilians
in West Germany:
West Berlin..
Heidelberg---
8th Infantry Division Regulation (USAREUR) No. 381-25,

“Subject: Counterdissidence Program,” dated 23 July 1973
(partial)

323

324

360 380

395

« PreviousContinue »