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1 The Association for Diplomatic Studies and Training Foreign ...

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new Select Committee had to go through the gauntlet of review by all the other relevant<br />

committees. <strong>The</strong> resulting approval was extraordinary: Armed Services, Appropriations,<br />

<strong>Foreign</strong> Relations <strong>and</strong> Rules, all reluctantly gave up tremendous power, under pressure<br />

because the majority leader insisted a Select Committee investigating intelligence had to<br />

be created. Mansfield made the difference.<br />

He said to his leading committee chairmen, "You haven't done your jobs, but it's not your<br />

fault. <strong>The</strong> system of oversight hasn't worked. We've got to do it right. You will have<br />

membership on the committee." This was the art of constructing a consensus, <strong>and</strong> it's<br />

much to the credit of Mike Mansfield. He was perhaps the only one who could have done<br />

this. Mansfield <strong>and</strong> the Senate leadership chose left wing, right wing, age, youth,<br />

intelligence background, no background, every possible point of view <strong>and</strong> faction. <strong>The</strong><br />

result was a mirror of the body. <strong>The</strong> rules that set up the committee also provided that any<br />

member of the Senate had a right to know anything produced by the investigation. For<br />

example, a Senator could come to the committee <strong>and</strong> say, "I want to know if my file that's<br />

in the FBI (Federal Bureau of Investigation)," <strong>and</strong> the committee would say, "Here's your<br />

file," but these are the rules under which you can have access to your file. <strong>The</strong> rules<br />

provided <strong>for</strong> clearances, security, <strong>and</strong> the process <strong>for</strong> disclosure of secret in<strong>for</strong>mation.<br />

<strong>The</strong> m<strong>and</strong>ate <strong>and</strong> regulations <strong>for</strong> the committee were drawn up not only by the Senate, but<br />

also with advice of the executive branch, with particular attention to the security need to<br />

protect intelligence sources <strong>and</strong> personnel.<br />

<strong>The</strong> most difficult issue was the extent of access to in<strong>for</strong>mation that would be permitted.<br />

<strong>The</strong>re was a huge fight on the question, which was decided by referring to precedents,<br />

meaning in particular an earlier power contained in the Atomic Energy Act of 1945 in<br />

which the Atomic Energy Committee had in 1945 inserted the following phrase all<br />

departments <strong>and</strong> agencies had the obligation, "to keep the committee fully <strong>and</strong> currently<br />

in<strong>for</strong>med of all matters pertaining to the jurisdiction of the committee." <strong>The</strong> language was<br />

clear: all in<strong>for</strong>mation had to be given to the committee. <strong>The</strong>re was no in<strong>for</strong>mation in the<br />

intelligence world that could be denied to the committee. Whatever the president got, the<br />

committee would get. <strong>The</strong>re were to be no exceptions. That was the most difficult issue.<br />

It was contested repeatedly, but in the end, the committee prevailed.<br />

Q: I mean, the one place where it really would hurt would be the divulging of sources of<br />

in<strong>for</strong>mation who were at risk, like Penkovsky <strong>and</strong> others ...<br />

MILLER: Who were alive.<br />

Q: Yes, so how was that treated, because this was a big committee?<br />

MILLER: Well, it was treated very carefully. For example, the clearances of all the staff.<br />

<strong>The</strong> committee in the end decided on all staff appointments, but the security clearances<br />

were made by the FBI <strong>and</strong> the intelligence agencies. <strong>The</strong> intelligence agencies, on their<br />

part, were very astute, probably to the credit of Bill Colby <strong>and</strong> Dick Helms, is my<br />

underst<strong>and</strong>ing, <strong>and</strong> the people who were assigned the task of dealing with us. And, in<br />

95

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