EXECUTIVE PRIVILEGE: THE WITHHOLDING
OF INFORMATION BY THE EXECUTIVE
SUBCOMMITTEE ON
SEPARATION OF POWERS
COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE
NINETY-SECOND CONGRESS
EXECUTIVE PRIVILEGE: THE WITHHOLDING OF
INFORMATION BY THE EXECUTIVE
JULY 27, 28, AND 29; AND AUGUST 4, 5, 1971
Printed for the use of the Committee on the Judiciary
U.S. GOVERNMENT PRINTING OFFICE
For sale by the Superintendent of Documents, U.S. Government Printing Office
Washington, D.C., 20402 - Price $2.75
COMMITTEE ON THE JUDICIARY
JAMES O. EASTLAND, Mississippi, Chairman
JOHN L. MCCLELLAN, Arkansas
SAM J. ERVIN, JR., North Carolina
PHILIP A. HART, Michigan
EDWARD M. KENNEDY, Massachusetts
BIRCH BAYH, Indiana
QUENTIN N. BURDICK, North Dakota
ROBERT C. BYRD, West Virginia
JOHN V. TUNNEY, California
ROMAN L. HRUSKA, Nebraska
HIRAM L. FONG, Hawaii
HUGH SCOTT, Pennsylvania
STROM THURMOND, South Carolina
MARLOW W. COOK, Kentucky
CHARLES MCC. MATHIAS, JR., Maryland
EDWARD J. GURNEY, Florida
SUBCOMMITTEE ON SEPARATION OF POWERS
SAM J. ERVIN, JR., North Carolina, Chairman
JOHN L. MCCLELLAN, Arkansas
QUENTIN N. BURDICK, North Dakota
CHARLES MCC. MATHIAS, JR., Maryland
EDWARD J. GURNEY, Florida
RUFUS L. EDMISTEN, Chief Counsel and Staff Director
JOEL M. ABRAMSON, Minority Counsel
PHILIP B. KURLAND, Chief Consultant
ALEXANDER M. BICKEL, Consultant
RALPH K. WINTER, Jr., Consultant
ARTHUR 9. MILLER, Consultant
TELMA P. MOORE, Executive Assistant
W. P. GOODWIN, Jr., Editorial Director
IRENE R. MARGOLIS, Staff Member
Bundy, William P., Massachusetts Institute of Technology, Center for
International Studies__
Buzhardt, J. Fred, general counsel, Department of Defense.
Dorsen, Norman, professor of law, New York University School of Law;
general counsel, American Civil Liberties Union..
Fulbright, Hon. J. William, a U.S. Senator from the State of Arkansas.
Harriman, Hon. W. Averell, former Ambassador to Great Britian and to
the Soviet Union__
Keller, Robert F., Assistant Comptroller General of the United States. -
Moss, Hon. John E., a Representative in Congress from the Third Con-
gressional District of California.
Rehnquist, William H., Assistant Attorney General, Office of Legal
Counsel, Department of Justice.
Roth, Hon. William V., Jr., a U.S. Senator from the State of Delaware..
Rusk, Hon. Dean, former Secretary of State; professor of international
law, University of Georgia..
Salans, Carl F., acting legal advisor, Department of State; representing
the Honorable William P. Rogers, Secretary of State.....
Swan, Alan C., professorial lecturer in law, Graduate School of Business,
University of Chicago-
Symington, Hon. Stuart, a U.S. Senator from the State of Missouri.
Tunney, Hon. John V., a U.S. Senator from the State of California...
Wellford, Harrison, associate, Center for Study of Responsive Law,
Washington, D.C...
Bishop, Joseph W., Jr., professor of law, Yale University Law School---
Jackson, William E., Jr., assistant professor of political science, Depart-
ment of Political Science, Davidson College..
Lowi, Theodore, Jr., professor of political science, University of Chicago--
Morgenthau, Hans J., professor, Department of Political Science, Uni-
versity of Chicago -
Robinson, Donald L., associate professor of government, Smith College;
visiting fellow, Center for the Study of Democratic Institutions, Santa
Barbara, Calif__
Rostow, W. W., professor, Department of Economics, the University of
Texas at Austin_.
S. 1125, a bill to amend title 5, United States Code, with regard to the
exercise of executive privilege; introduced by Hon. J. William Fulbright,
a U.S. Senator from the State of Arkansas and Hon. Alan Cranston, a
U.S. Senator from the State of California, 92d Congress, first session_
Amendments No. 343 to S. 1125, proposed by Senator J. William
Fulbright, 92d Congress, first session...
Attorney General Opinion, "Position of the Executive Department Re-
garding Investigative Reports," Robert H. Jackson, 40 Op. A. G. 45,
April 30, 1941.
Berger, Raoul, Esq., "Executive Privilege v. Congressional Inquiry," 12
U.C.L.A. Law Review 1044 (1965)__
Bishop, Joseph W., Jr., "The Executive's Right Of Privacy: An Unre-
solved Constitutional Question," 66 the Yale Law Journal 477 (1957)..
Defense, Department of, correspondence with Hon. Sam J. Ervin, Jr.,
chairman, Subcommittee on Constitutional Rights, Committee on the
Judiciary, U.S. Senate, regarding Army surveillance and data bank pro-
grams, from July 27, 1970, through June 10, 1971..
Correspondence with Hon. J. William Fulbright, chairman, Com-
mittee on Foreign Relations, U.S. Senate, regarding "History on U.S.
Decision Making Process on Vietnam", "Five Year Plan for Mili-
tary Assistance, and "Command Control Study," from Novem-
ber 11, 1969, through July 12, 1971...
Ervin, Hon. Sam J., Jr., chairman, Subcommittee on Constitutional
Rights, Committee on the Judiciary, U.S. Senate, correspondence with
the Department of Defense and the Department of the Army regarding
Army surveillance and data bank programs, from July 27, 1970, through
June 10, 1971
Executive Order 10501, "Safeguarding Official Information in the Interest
of the Defense of the United States," issued by President Dwight D.
Eisenhower, November 5, 1963...
Executive Order 10816, "Amendment of Executive Order 10501 of
November 5, 1953, Relating to Safeguarding Official Information
in the Interests of the Defense of the United States," issued by
President Dwight D. Eisenhower, May 7, 1959...
Executive Order 10964, "Amendment of Executive Order No. 10501,
Entitled 'Safeguarding Official Information in the Interests of the
Defense of the United States'," issued by President John F. Ken-
nedy, September 20, 1961.
Foreign Relations, Committee on, U.S. Senate, press release, Febru-
ary 28, 1971..
"Freedom of Information Act," 5 U.S.C. § 552.
Fulbright, Hon. J. William, chairman, Committee on Foreign Relations,
U.S. Senate, correspondence with the Department of Defense regarding
"History on U.S. Decision Making Process in Vietnam," "Five Year
Plan for Military Assistance," and "Command Control Study," from
November 11, 1969 through July 12, 1971..
General Accounting Office, "Summary Listing of Significant Access to
Records Problems in Recent Years", prepared for the Subcommittee on
Separation of Powers, July, 1971..
Johnson, Hon. Lyndon B., President of the United States, letter to Hon.
John E. Moss, chairman, Foreign Operations and Government Infor-
mation Subcommittee, Committee on Government Operations, U.S.
House of Representatives, April 2, 1965.
Kennedy, Hon. John F., President of the United States, letter to Hon.
John E. Moss, chairman, Special Government Information Subcom-
mittee, Committee on Government Operations, U.S. House of Repre-
sentatives, March 7, 1962.
Kurland, Philip B., professor of law, University of Chicago Law School,
statement before the Subcommittee on Foreign Operations and
Government Information, Committee on Government Operations,
U.S. House of Representatives, June 30, 1971...-
Library of Congress, Congressional Research Service, American Law
Division, "Executive Privilege," memorandum of June 7, 1971--
Moss, Hon. John E., a U.S. Representative in Congress from the Third
Congressional District of California; chairman, Special Government
Information Subcommittee, and Foreign Operations and Government
Information Subcommittee, Committee on Government Operations,
U.S. House of Representatives, letter to President John F. Kennedy,
February 15, 1962-
Letter to President Lyndon B. Johnson, March 31, 1965-
Letter to President Richard M. Nixon, January 28, 1969_
Nixon, Hon. Richard M., President of the United States, letter to Hon.
John E. Moss, Chairman, Foreign Operations and Government Infor-
mation Subcommittee, Committee on Government Operations, U.S.
House of Representatives, April 7, 1969; with attachment..
"Establishing a Procedure To Govern Compliance with Congressional
Demands for Information," memorandum of March 24, 1969, to
all heads of executive departments and agencies-
Memorandum to the Secretary of Defense and the Secretary of State
invoking executive privilege, September 1, 1971-
Packard, David, Deputy Secretary of Defense, reply to Hon. Stuart
Symington, chairman, Subcommittee on U.S. Security Agreements and
Commitments Abroad, Committee on Foreign Relations, U.S. Senate,
June 11, 1971..........
![[ocr errors]](https://books.google.com.my/books/content?id=xOAhmJZPfjEC&output=html_text&pg=PP19&img=1&zoom=3&hl=en&q=%22In+such+a+case+the+court+shall+determine+the+matter+de+novo+and%22&cds=1&sig=ACfU3U11HeXmjCFZRYUaSNdMuBfECypfeQ&edge=0&edge=stretch&ci=733,929,14,9)
Pearce, W. Barnett, "On Fooling the People, Whether Some, Most or All
of the Time: An Examination of the People's Right to Know,' Freedom
of Speech Yearbook: 1970, Thomas Tedford, editor..
Reid, Hon. Ogden R., a U.S. Representative in Congress from the 26th
Congressional District of New York, "Professor Kurland Speaks on
Constitutional Problems," excerpt from 117 Congressional Record
E 6899, Extension of Remarks, July 1, 1971
Rogers, Hon. William P., Attorney General of the United States, "Con-
stitutional Law: The Papers of the Executive Branch," 44 American
Bar Association Journal 941 (1958) ___.
Roth, Hon. William V., a U.S. Senator from the State of Delaware, "Fed-
eral Program Questionnaire" sent to all Federal program administra-
tors with cover letter, 1968-
Yarborough, Maj. Gen. William P., U.S. Army Intelligence, testimony
before the Permanent Subcommittee on Investigations, Committee on
Government Operations, U.S. Senate, April 25, 1968..
Bruckner, D. J. R., "Pressure Mounting to Crack Walls of Secrecy in the
Executive Branch," Los Angeles Times, September 10, 1971-
Crawford, Kenneth, "Perennial Blooms Anew-Hill's Demand for Infor-
mation," Washington Post, August 3, 1971..
|