Intelligence Reform in the Jimmy Carter Era

“Public trust and confidence in the Intelligence Community have been seriously undermined by disclosures of activities in the past that were illegal, injudicious or otherwise improper by today’s standards,” according to a 1977 interagency memorandum circulated by National Security Advisor Zbigniew Brzezinski.

“Moreover, many disillusioned persons who have come to believe the worst of their government tend to accept at face value exaggerated imputations of impropriety to legitimate foreign intelligence activities. In some quarters there is a persistent belief that U.S. foreign intelligence activities have still not been brought under adequate control. Clearly the Intelligence Community must earn wider acceptance of its legitimacy and role within our democratic form of government if a viable U.S. foreign intelligence effort is to be sustained over the longer term.”

These observations were included in an impressive collection of declassified documents on intelligence reform in the Jimmy Carter administration that was published by the State Department yesterday as part of a new volume of the Foreign Relations of the United States series (Organization and Management of Foreign Policy: 1977-80, volume 28).

The 365-page section on Intelligence Policy and Reform presents often-candid discussion of topics such as: the role and authority of the Director of Central Intelligence, the perennial problem of leaks of classified information, the vexed relations between ambassadors and CIA chiefs of station abroad, covert action, the role of PFIAB and the Intelligence Oversight Board, and more. While some of the documents have appeared previously, many of them were declassified for this volume in 2012-2014.

A few samples:

A 1977 memorandum from CIA General Counsel Anthony Lapham stated that when it comes to prosecuting leaks of classified information to the press, “It is extremely doubtful that the provisions [of the Espionage Act] were intended to have application in such situations, and as a matter of historical fact, leaving aside the unsuccessful Ellsberg prosecution and possibly one or two other cases, they never have been so applied.”

Moreover, added Lapham, “Under current Justice Department procedures, unauthorized disclosures of national security information, in other than espionage situations, are almost never even investigated, let alone prosecuted.”

“It seems to us that the universe of classified information is quite simply too large, and encompasses such a great variety of material of so many different degrees of importance to the national security, as to make impractical the idea of extending criminal sanctions to the unauthorized disclosure of all such information,” he wrote (document 34, pp. 156, 159).

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In one particularly thoughtful and reflective document in the new collection, NSC staffer Paul Henze observed: “While we now enjoy nearly real-time photography from satellites [less than 1 line not declassified] we are not much closer than we were thirty years ago to knowing what goes on in the minds of the top men in Moscow or Madrid, Peking, Algeria or Brasilia, what Arab leaders say to each other when they get together or how French elections are going to come out.”

“CIA greeted the Carter Administration with a keen expectation that with new leadership it would leave behind a period of strain and controversy and be able to rebuild its own capabilities and redirect its energies to real USG priorities. . . . Eight months later all this sense of excitement and optimism has dissipated. The prevailing mood of CIA, both on the operational and analytical sides of the agency is apprehension, depression, frustration,” Henze wrote (document 63 at p. 321).

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In a remarkable 1978 memorandum “On the Psychology of President Power,” National Security Advisor Brzezinski advised President Carter that he should demonstrate a capacity for irrational and impulsive behavior (document 13, page 45).

“I suspect that an impression has developed that the Administration (and you personally) operates very cerebrally, quite unemotionally. In most instances this is an advantage; however, occasionally emotion and even a touch of irrationality can be an asset. Those who wish to take advantage of us ought to fear that, at some point, we might act unpredictably, in anger, and decisively. If they do not feel this way, they will calculate that simply pressing, probing, or delaying will serve their ends. I see this quite clearly in [Israeli prime minister Menachem] Begin’s behavior, and I suspect that Brezhnev is beginning to act similarly.”

“This is why I think the time may be right for you to pick some controversial subject on which you will deliberately choose to act with a degree of anger and even roughness, designed to have a shock effect,” Brzezinski suggested.

According to the new book “Jimmy Carter in Africa: Race and the Cold War” by Nancy Mitchell of North Carolina State University, this advice was prompted by Brzezinski’s alarm at the scale of Soviet and Cuban intervention in Ethiopia.

Four Cold War Covert Actions to be Disclosed

The Central Intelligence Agency said that it will disclose four previously unacknowledged Cold War covert actions. The four have not yet been publicly identified, but they will be addressed in forthcoming editions of the U.S. State Department’s official Foreign Relations of the United States (FRUS) series.

“In 2015 [CIA] agreed to acknowledge four covert actions that will be documented in future volumes (of FRUS),” according to a new annual report from the State Department Advisory Committee on Historical Diplomatic Documentation for calendar year 2015.

CIA spokesperson Ryan Trapani declined to say what those four covert actions are.

“CA [covert action] programs are not officially declassified until done so by FRUS, so you have to wait for its formal announcement,” Mr. Trapani said by email.

The FRUS series has been a significant driver of the national security declassification program, particularly since a 1991 statute required that FRUS must present a “thorough, accurate, and reliable” documentary history of U.S. foreign relations — which necessarily includes information that was classified at the time — within 30 years of the events in question.

The State Department has never yet complied with that 30 year deadline, but the new Advisory Committee report indicates the situation is improving. “It is likely that HO [the State Department Office of the Historian] will finally meet its statutory thirty-year timeline as it publishes more volumes in the Reagan administration series over the next few years.”

The Committee report was complimentary towards the CIA, citing “the very positive relationship HO has developed with CIA over the past several years [which] has paid dividends. CIA consistently reviews both specific documents and compiled volumes in a timely manner….”

“Nevertheless, the frequent reliance on covert actions in the Reagan and subsequent administrations will doubtless require lengthy declassification processes that will inevitably delay publication of a significant number of volumes beyond the 30-year target,” the report said.

One specific area of disappointment is the failure to release the long-deferred FRUS volume on the 1953 coup in Iran.

“Owing to the currently volatile relationship between the United States and Iran…, the State Department continues to withhold its approval for publishing the eagerly anticipated retrospective volume on Iran 1953,” the Committee report noted.

The status of the Iran volume is expected to be on the agenda of the upcoming meeting of the State Department Advisory Committee on June 6.

Soviet Spy Ronald W. Pelton to be Released from Prison

Tomorrow Ronald W. Pelton, a National Security Agency communications specialist who was convicted in 1986 of spying for the Soviet Union, will be released from prison.

Like Jonathan J. Pollard, who was convicted of spying for Israel and released last week, Pelton was apprehended in 1985, which became known as the Year of the Spy because so many espionage arrests and prosecutions took place during or around that time.

A search of the Bureau of Prisons Inmate Locator indicates that Pelton’s release, which has not been widely noted, is set for Tuesday, November 24. It further identifies Pelton as a 74 year old white male (Register Number 22914-037).

The Pelton case had several distinctive features.

Unlike most spies of the time, he did not steal U.S. government documents and turn them over to a foreign government. Instead, he was able to sell the Soviets information based on his “excellent memory and […] encyclopedic knowledge of intelligence activities.” Among the U.S. intelligence projects he compromised was IVY BELLS, an effort to secretly tap Soviet undersea communications cables.

The Pelton case was also a test of the government’s ability to successfully carry out an espionage prosecution involving highly classified information. “The trial included an extraordinary amount of public testimony by an agency known for its reticence,” the New York Times reported at the time, referring to the NSA.

In 1986, Pelton was sentenced to three life terms plus 10 years in prison (and a $100 fine), with sentences to run concurrently (not consecutively, as has been mistakenly reported). In theory he could have been eligible for early release after ten years, but he has served nearly 30 years in prison instead.

In 1995, Pelton was interviewed by representatives of the Commission on Protecting and Reducing Government Secrecy (the Moynihan Commission), who sought his insights into the problems of official secrecy. His contributions to the study, if any, were not identified in the Commission’s final report.

In 1963, CIA Said It Had Copies of Soviet Spysat Images

In a newly disclosed memorandum from 1963, the Director of Central Intelligence advised the Secretary of State that the CIA had “good reproductions” of Soviet satellite imagery.

This puzzling remark appears to suggest a previously unrecognized capability of the CIA.

The declassified memo summarizes a July 3, 1963 telephone conversation between DCI John McCone and Secretary of State Dean Rusk. It was discovered by researchers David M. Barrett and Eric P. Swanson.

According to the memo, McCone said that the U.S. had “for some time tried to determine whether the Soviets were actually photographing and the extent they were from satellites.” The DCI said “it has been determined they have been and we have good reproductions of what they are getting.” The DCI was to brief the President on the subject the following week.

In an article discussing the memo in the journal Intelligence & National Security, Barrett and Swanson wrote that they found “no references in the intelligence literature to the United States having had the capability to see what the Soviet satellites were seeing, much less any treatment of how the CIA obtained the ‘good reproductions’.”

Assuming the McCone statement is accurate, it would seem to imply one of a few possibilities. It could mean that the US was somehow intercepting the Soviet images (which seems improbable), or that it was replicating the images through US overflights, or else that it was simply modeling the images based on the presumed capabilities of the Soviet satellites and their orbital parameters.

Prof. Barrett added that the fact that the matter was to be briefed to the President indicated that it was of more than ordinary significance. He also noted that the 1963 memo was located in State Department records at the National Archives, and was not released by CIA.

The import of the memo remains uncertain.

Reproductions of Soviet satellite imagery were “not anything I ever came across some ten years later,” said former CIA analyst Allen Thomson, “and I was in a decent position to see such (Office of Weapons Intelligence).”

“At a guess, perhaps the ‘reproductions’ were simulations based on the technical state of the art at the time (film) and estimates of the camera aperture. That would have been easy enough to do and useful as an aid to orient consumers to what might be in the imagery. Or it could just have meant looking at the ground tracks to see what the satellites overflew,” Mr. Thomson said.

Dino Brugioni, who was a pioneering figure in U.S. imagery intelligence and a CIA official at the time of the McCone memo, passed away in September with little public notice.

Tolman Reports on Declassification Now Online

This week the Department of Energy posted the first declassification guidance for nuclear weapons-related information, known as the Tolman Committee reports, prepared in 1945-46. The Tolman reports were an early and influential effort to conceptualize the role of declassification of atomic energy information and the procedures for implementing it. Though the reports themselves were declassified in the 1970s, they have not been readily available online until now.

FRUS on Investigating Intelligence in the 1970s

“There is too much disclosure,” complained George H. W. Bush, then-Director of Central Intelligence, in a 1976 memo to President Gerald Ford.

“We are continually pressed by Congress, by the courts, by the Freedom of Information Act, to give up sensitive material,” DCI Bush added. “We are trying to hold the line but there is a continuous erosion which gives away classified information at home and complicates our liaison relationships abroad. I am frustrated by our inability to deal with the leaking of classified information.”

His memo to President Ford was presented (as document 78) in a fascinating new collection of executive branch documents on the investigations of U.S. intelligence agencies during the 1970s. The collection was assembled for the State Department’s Foreign Relations of the United States (FRUS) series (1969-1976, volume XXXVIII, part 2), which has just been published in hardcopy. It was posted in full last December on the website of the State Department historian.

In the aftermath of the Senate Church Committee investigation, “I find no degradation in the quality of intelligence analysis,” said Secretary of State Henry Kissinger at a Top Secret meeting of the National Security Council in January 1977 (document 83 in the FRUS collection).

“The opposite is true, however, in the covert action area,” Kissinger told the NSC. “We are unable to do it anymore.”

“Many things are not even proposed these days because we are afraid to even discuss them much less implement them,” Kissinger said then.

Frederick A.O. Schwarz Jr., who was the chief counsel of the Church Committee, has written a new book of his own on secrecy in the broad sweep of American history up to the present day. Democracy in the Dark: The Seduction of Government Secrecy (The New Press, 2015) was published this week. The book was welcomed by Katrina vanden Heuvel writing in the Washington Post on April 7.

H-Bomb History Published Over Government Objections

Physicist Kenneth W. Ford, who participated in the design of the hydrogen bomb in the early 1950s, has published a memoir of his experiences despite the objections of Energy Department reviewers who requested substantial redactions in the text.

“Building the H Bomb: A Personal History” was released this month in softcopy by World Scientific Publishing Company. Hardcopy editions are to appear in May.

The dispute between the author and the government over the book’s publication was first reported by the New York Times in “Hydrogen Bomb Physicist’s Book Runs Afoul of Energy Department” by William J. Broad, March 23. The Times story immediately turned the book into something of a bestseller, and it ranks number one on Amazon.com in categories of Physics, Nuclear Physics, and Military Technology.

Significantly, Department of Energy reviewers did not attempt to compel the author to amend his text, nor did they seek to interfere with the book’s publication. So their response here is altogether different than in the 1979 Progressive case, when the government sought and received an injunction to block release of Howard Morland’s article “The H Bomb Secret.” Rather, they asked Dr. Ford to make extensive changes in his manuscript. Depending on one’s point of view, the requested changes may have been frivolous, unnecessary, or prudent. But there is no reason to suppose they were presented in bad faith. The Department had nothing to gain from its recommended changes.

For his part, Dr. Ford was not on a crusade to expose nuclear secrets. On the contrary, “I have bent every effort to avoid revealing any information that is still secret,” he wrote in prefatory remarks. As one of the original participants in the H-Bomb program, he has exceptional standing to render a judgment on what is and is not sensitive. “In my considered opinion, this book contains nothing whose dissemination could possibly harm the United States or help some other country seeking to design and build an H bomb.”

Still, while Dr. Ford’s scientific judgment is entitled to great weight, the question of what constitutes Restricted Data under the Atomic Energy Act is not a scientific issue. It is a legal matter which is delegated by statute to the Department of Energy. This means that DOE retains some legal authority over the information in the book which it has not yet used. One may still hope that the Department, in its wisdom, will decline to exercise that authority in this case.

“Building the H Bomb” is a rather charming and quite readable account of a young man finding his way in the midst of momentous scientific and political upheaval. It is not a history of the H-Bomb. For that, one still needs to turn to Richard Rhodes’ “Dark Sun” and other works. Dr. Ford does provide an introduction to the basic physics of nuclear weapons. But for those who don’t already know the names of John Wheeler (Ford’s mentor), Enrico Fermi, or Hans Bethe, and what made them great scientists and men of stature, this book will not enlighten them very much.

What the book does offer is an eyewitness account of several crucial episodes in the development of the hydrogen bomb. So, for example, Ford considers the contested origins of the Teller-Ulam idea that was the key conceptual breakthrough in the Bomb’s history. He cannot decisively resolve the disputed facts of the matter, but he knew Teller and he knew Ulam, as well as Richard Garwin, John Toll, Marshall Rosenbluth, David Bohm and many others, and he provides fresh perspectives on them and their activities. Any historian of the nuclear age will relish the book.

The National Security Archive has posted an informative commentary by Dr. Ford, along with several important declassified documents that were used by the author in preparing the book.

Dept of State Delays Release of Iran History

The U.S. Department of State has blocked the publication of a long-awaited documentary history of U.S. covert action in Iran in the 1950s out of concern that its release could adversely affect ongoing negotiations over Iran’s nuclear program.

The controversial Iran history volume, part of the official Foreign Relations of the United States (FRUS) series, had been slated for release last summer. (“History of 1953 CIA Covert Action in Iran to be Published,” Secrecy News, April 16, 2014).

But senior State Department officials “decided to delay publication because of ongoing negotiations with Iran,” according to the minutes of a September 8, 2014 meeting of the Advisory Committee on Historical Diplomatic Documentation that were posted on the Department of State website this week.

Dr. Stephen P. Randolph, the Historian of the State Department, confirmed yesterday that the status of the Iran volume “remains as it was in September” and that no new publication date has been set. The subject was also discussed at an Advisory Committee meeting this week.

The suppression of this history has been a source of frustration for decades, at least since the Department published a notorious 1989 volume on U.S. policy towards Iran that made no mention of CIA covert action.

But the latest move is also an indirect affirmation of the enduring significance of the withheld records, which date back even further than the U.S. rupture with Cuba that is now on the mend.

It seems that the remaining U.S. records of the 1953 coup in Iran are not only of historical interest but they evidently hold the power to move whole countries and to alter the course of events today. Or so the State Department believes.

“The logic, as I understand it, is that the release of the volume could aggravate anti-U.S. sentiment in Iran and thereby diminish the prospects of the nuclear negotiations reaching a settlement,” said Prof. Richard H. Immerman, a historian at Temple University and the chair of the State Department Historical Advisory Committee.

“I understand the State Department’s caution, but I don’t agree with the position,” he said. “Not only is the 1953 covert action in Iran an open secret, but it was also a motive for taking hostages in 1979. The longer the U.S. withholds the volume, the longer the issue will fester.”

Besides, if the documents do have an occult power to shape events, maybe that power could be harnessed to constructive ends.

“I would argue that our government’s commitment to transparency as signaled by the release of this volume could have a transformative effect on the negotiations, and that effect would increase the likelihood of a settlement,” Prof. Immerman suggested.

“At least some in the Iranian government would applaud this openness and seek to reciprocate. Further, the State Department of 2014 would distinguish this administration from the ‘Great Satan’ image of 1953 and after,” he said.

Continued secrecy has become an unnecessary obstacle to the development of US-Iran relations, argued historian Roham Alvandi in a similar vein in a New York Times op-ed (“Open the Files on the Iran Coup,” July 9, 2014).

“Moving forward with a new chapter in American-Iranian relations is difficult so long as the files on 1953 remain secret,” he wrote. “A stubborn refusal to release them keeps the trauma of 1953 alive in the Iranian public consciousness.”

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The State Department published a new Foreign Relations of the United States volume today on the Arab-Israeli Dispute, 1978-80. It is the ninth FRUS volume of the year, and it came out “a little ahead of schedule,” said Dr. Randolph, the Department Historian.

Transcript of 1954 Oppenheimer Hearing Declassified in Full

The transcript of the momentous 1954 Atomic Energy Commission hearing that led the AEC to revoke the security clearance of J. Robert Oppenheimer, the physicist who had led the Manhattan Project to produce the first atomic bomb, has now been declassified in full by the Department of Energy.

“The Department of Energy has re-reviewed the original transcript and is making available to the public, for the first time, the full text of the transcript in its original form,” according to a notice posted on Friday.

The Oppenheimer hearing was a watershed event that signaled a crisis in the nuclear weapons bureaucracy and a fracturing of the early post-war national security consensus. Asked for his opinion of the proceedings at the time, Oppenheimer told an Associated Press reporter (cited by Philip Stern) that “People will study the record of this case and reach their own conclusions. I think there is something to be learned from it.”

And so there is. But what?

“No document better explains the America of the cold war — its fears and resentments, its anxieties and dilemmas,” according to Richard Polenberg, who produced an abridged edition of the hearing transcript in 2002 based on the redacted original. “The Oppenheimer hearing also serves as a reminder of the fragility of individual rights and of how easily they may be lost.”

It further represented a breakdown in relations between scientists and the U.S. government and within the scientific community itself.

“The Oppenheimer hearing claims our attention not only because it was unjust but because it undermined respect for independent scientific thinking at a time when such thinking was desperately needed,” wrote historian Priscilla J. McMillan.

First published in redacted form by the Government Printing Office in 1954, the Oppenheimer hearing became a GPO best-seller and went on to inform countless historical studies.

The transcript has attracted intense scholarly attention even to some of its finer details. At one point (Volume II, p. 281), for example, Oppenheimer is quoted as saying “I think you can’t make an anomalous rise twice.” What he actually said, according to author Philip M. Stern, was “I think you can’t make an omelet rise twice.”

The Department of Energy has previously declassified some portions of the Oppenheimer transcript in response to FOIA requests. But this is said to be the first release of the entire unredacted text. It is part of a continuing series of DOE declassifications of historical records of documents of particular historic value and public interest.

The newly declassified portions are helpfully consolidated and cross-referenced in a separate volume entitled “Record of Deletions.”

At first glance, it is not clear that the new disclosures will substantially revise or add to previous understandings of the Oppenheimer hearing. But their release does finally remove a blemish of secrecy from this historic case.

“Ingenuity” Could Not Prevent Atom Bomb Espionage

When the internal history of the Manhattan Project was written in 1944, officials still believed — mistakenly — that the atom bomb program had evaded the threat of foreign espionage.

“Espionage attempts were detected but it is felt that prompt action and intensified investigative activity in each case prevented the passing of any substantial amount of Project information,” according to a previously overlooked page from the Manhattan District History that was declassified yesterday.

Although declassification of the official history was thought to have been completed in July of this year (WWII Atom Bomb Project Had More Than 1,500 Leaks, Secrecy News, August 21), a single page had been inadvertently withheld from disclosure.

When its absence was pointed out to Department of Energy classification officials, they expeditiously retrieved the missing page (page 2.4 of Volume 14), declassified it and incorporated it in the published online document.

The newly disclosed page presents a flattering view of Manhattan Project counterintelligence efforts.

“The CIC [Counterintelligence Corps] Special Agents assigned to espionage cases became proficient in all phases of investigation technique. Many of them displayed skill and ingenuity unsurpassed by the most experienced investigators,” the document said.

“Agents impersonated men of all occupations in order to obtain information that would enable them to evaluate a suspect properly. An agent worked as a hotel clerk for over two years while another became bell captain in the few months he worked as a bell hop. Agents have posed as electricians, painters, exterminators, contractors, gamblers, etc.”

Yet their skill and ingenuity were inadequate to the task.  It later became clear that the Manhattan Project had been effectively penetrated by a number of Soviet intelligence agents and sympathizers.

The Department of Energy’s publication of the 36-volume Manhattan Project history itself required an extra measure of devotion. First, the tens of thousands of individual pages, many of them on second- or third-generation carbon paper, were painstakingly reviewed. The Public Interest Declassification Board noted with approval that “these records received a line by line declassification review, rather than being subjected to simple pass/fail determinations.” Then, once that process was completed, each page had to be manually scanned for online publication by the Department of Energy.

Except for a few passages stubbornly redacted by the CIA, the whole document has now emerged from the purgatory of sealed government archives and is now available to anyone who cares to read it.