Ind-l 'haof'r Studs 70% 1 om erald R Ford Libra Photocopy 1 Frag Pap I er THE WHITE HOUSE WASHINGTON September 24 1975 If MEMORANDUM FOR THE PRESIDENT FROM JACK MARSH Attached is the decision paper concerning release of classified materials to the Senate and House Select Committees Attachment Photocopy h om Gerald R Ford Library BA KGR UND From the outset of the House and Senate Select Cornn iittees 0n Intelligence you have directed the entire Executive branch to cooperate and provide materials requested by the Committee subject to a narrow exception in the case of certain materials such as references to techniques agents and sources You specifically stated that under no circumstances would you permit the Executive branch to cover up evidence of illegal actions or failures by the intelligence community agar-ed On September 10 the House Committee chaired by Representative Otis Pike unilaterally declassified a document containing a passage ob jected to by Executive branch intelligence officials The passage contained the four words referring to a communications security Two days later Assistant Attorney General Lee read to the Pike Conunittee a statement authorized by you to the effect that the Executive branch would decline to provide additional classified materials until the Committee satisfactorily altered its position concerning declassification a Although the _Church Corrunittee in the Senate has subpoenaed certain documents concerning Cyprus we generally have a good working relationship with them as to procedure for transmitting classified information Photocopy from Gerald R Ford Library -2- It is important to note that our arrangement with the Senate Committee has never been clearly defined but relies on comity and a gentleman's agreement For these reasons it is felt you should not publicly ratify or endorse the Senate arrangement As indicated at the Republican Leadership meeting this morning we appear to be on a collision course with Congress on the question of release of classified materials to these two Committees Attached at Tab Tab and Tab respectively are general cormnents of Secretary Kissinger Attorney General Levi and Secretary Schlesinger These comments present in a general way their views on this subject At Tab is a statement by the Republican Members on the House Select Committee setting forth their position It should be pointed out that the option paper attached focuses principally on classified written documents and the question of guidance for witnesses in testimony before the Committee remains to be addressed Photoc0py tom Gerald R Ford Library ISSUE FOR DECISION First what should your decision be concerning the procedures which will be acceptable for release of classified materials to the two Select Committees Two how should your position on this issue he stated publicly and what negdtiating strategy should the Administration adopt for deal ing with the Committees OPTIONS Your advisors have concluded that there are two basic approaches you can take concerning how declassified materials should provided to the Committees and how they should be declassified Option 1 Compromise Materials to be supplied Provided the Committee agrees to declassification procedures set out below supply all materials with the narrow exception of -- source agents and methods Verification procedures through Congressional Leadership would be available Sin case of_ Committee disagreement with the sensitivity of withheld portions of documents f3 Photocopy from Gerald R Ford Library Declassification Once the Committee decided to declassify publish something and the appropriate Executive agency objected the following procedure would apply 1 These documents or portions thereof will be considered to have been loaned to the Committee 2 The Executive will have reasonable opportunity to make its case to the Committee why it should not be declassified 3 If agreement is impossible then the Committee submits the materials to the President or first to the Leadership and then from them to the President 4 The President makes the final and personal determina- tion Note At this point the Congress can still exercise its right to subpoena the materials and litigate the issue in Court Option 2 President retains maximum control Provide only those documents which we are willing to let Congress make the final determination concerning publication The Executive would provide all materials except Photocopy from Gerald R Ford Librarv -- Source methods and procedures Information from foreign intelligence sources or governments -- Information on the decision process of the Executive agencies Sensitive matters which we are willing to provide so long as they retain their classified status would be withheld until the Committee- Executive agreement is reached A verification System for audit of the deleted materials could be offered to assure the Committee that the deletions were in fact sens itive It should be noted that Options 1 and 2 address the great bulk of classified materials that might be requested However questions relating to executive privilege are not addressed in either of them Concerning the strategy of your public position and how this should be negotiated with the Hill the following options exist Option A At the Leadership meeting tomorrow morning offer to have your representatives work out the procedures with the Committees directly under the guidelines set down by you A public statement to this effect would be issued along the lines of that contained in Tab A 'Option B Present a specific procedure to the Leadership Photocopy from Gerald R Ford Library and release it publicly following the meeting This procedure would be in accordance with your decision in the preceeding paragraphs Option C Regardless of the options you select above your Advisers recommend that you immediately make available to the Committees that information which can be declassified or that you are unwilling to submit to the Pike Committee under their newly adopted rules for unilateral declassificatiou DECISION OPTION 1 Compromise Favor CIA Justice OMB Defense Oppose Approve Disapprove A 49 cc u OPTION 2 President Retains Maximum Control ok Favor Defense only if unable to get agreement on Option 1 Oppose Approwa Disapprove Option A Issue general statement and offer to work with- Congress Favor CIA Justice Defense Oppose Approve Disapprove Ti Option B Issue statement containing a specific procedure Favor Oppose Photocopy from Gerald R Ford Library Approve Disapprove Option C Release unclassified and non-critical materials Favor CIA Justice Defense OMB Oppose 3 Approve Disapprove WH Jab a Mama 623m g -- gnaw Fm Sc n WE u Wm was GM If w b Mm awfmamm Rag aw va 53m WM                     National Security Archive    Suite 701  Gelman Library  The George Washington University    2130 H Street  NW  Washington  D C  20037    Phone  202 994‐7000  Fax  202 994‐7005  nsarchiv@gwu edu