Ford's meeting on the submarine leak (27 May 1975)

COPY PHOTO EO (3626 [REDACTED] 3.3 (byID FROM LIBRARY FORD GERALD R DECLASSIFIED IN PART (8) .....-— .E0,19626. Authority NLF_ 00-42 a NARA__SO__ Date 2012 Bones MEMORANDUM THE WHITE HOUSE WASHINGTON -EOP-SECGRET [REDACTED] NODIS/XGDS MEMORANDUM OF CONVERSATION PARTICIPANTS: President Ford Dr. James R. Schlesinger, Secretary of Defense William E, Colby, Director, CIA Amb. Donald Rumsfeld,,Assistant to the President Amb. Robert S. Ingersoll, Deputy Secretary of State Lt. General Brent Scowcroft, Deputy Assistant to the President for National Security Affairs DATE AND TIME: Tuesday, May 27, 1975 5:00 5:55 p.m. PLACE: The Cabinet Room The White House The President: That was a nite ceremony at Arlington. But the people doing it were pretty dippy. The purpose of this meeting is simple. I was shocked when I read in the newspaper about our submarines operating off Soviet waters. Of all the things happening, I knew less about it than I saw in the paper. That is a helluva note. Where does he get it? It jeopardizes the operation and the lives of the people involved. Somehow someone must be made an example of. Secretary Schlesinger: It was a flagrant violation: of the law. The President: I want State, CIA and DOD to undertake an investigation. Secretary Schlesinger: I spoke to the Attorney General last month. There is some indication that Hersh has files of signals intelligence material. How about a search warrant to get them? It is a clear violation of the law. I don't know if a jury would believe it. cuasstFiep By ____Henry A: Kissinger Ep (2626, (6X1) EXEMPT. FROM GENERAL DECLASSIFICATION sonsicee [REDACTED] SCHEDULE OF EXECUTIVE ORDER 11652 NODIS/XGDS EXEMPTION CATEGORY___5(b)(3) AUTOMATICALLY DECLASSIFIED ON Imp. to Det,

B0\2626 -OPSEGREF/ 3:3 (WON) /NODIS/XGDS The President: Have you asked counsel how to proceed? Secretary Schlesinger: He was reluctant to do so last month but it is clear this is a violation of the law. Director Colby: There was an article in the New York Times in June 1974 which was similar but without detail. It seemed to come from the Marchetti book. The Supreme Court refusal to review the Marchetti case is good news. In the Marchetti case we had to prove the material was classified. It was made available to the defense counsel. The quotation in the Sunday paper was a direct quotation from the sanitized not the unsanitized version, We took this up with Justice today to see if we could get a contempt citation against the Marchetti lawyers. With respect to Section 798 of the Espionage Act, it is true that publication is a crime, but there has been only one conviction under it, and it was a guilty plea. We are trying to get an indictment against Agee onit. Heis out of the country, though. General Scowcroft: The real problem is not the press. The real problem is the people who are leaking the material to the press. They are the ones we have to go after. [REDACTED] Secretary Schlesinger: GO \452b [REDACTED] 4.410) [REDACTED] The President: How many people would know about one or both of these operations? £0 13926 Director Colby: was known fairly widely over the years. 3,3 (WIN) The codeword has been obsolete since 1972, which is about the time of the Marchetti-Marks book. Marks probably had access. Eo 620 «Os FOR SECRET rop-secre? i 3.3(HU) ER Nowts/xcps PHOTO COPY GERALD R FORD LIBRARY

EO 13626 3.(b)L1) EO |2626 [REDACTED] 3.5 (1) EO 13526 1) /NODIS/XGDS The President: I don't think we can let this go by without an internal investigation, at least internally, and perhaps by the Bureau. This is a most flagrant violation. I think each of the Departments should initiate it. Secretary Schlesinger: MayI suggest that the FBI doit? They are. better equipped to do the right job. [The President decided to go the FBI route. Secretary Schlesinger: 1 think most of this comes from former employees. How do you get at them? Gi Director Colby: We need better legislation. Our protection of secrets is lousy. SerretaryeSchlesinger: The Murphy Commission Chairman said he would recommend tougher laws in this area. The President: We are sending up a crime bill with recommendations for revision of the criminal code. In a communication to Justice, we ought to ask for their action and for recommendations.in this case under the law (prosecution of Hersh and the New York Times. ) Mr. Rumsfeld: If this is as cold a case as Jim and Bill say, maybe part of the process of initiative should be formal notification to the New York Times, CIA review committees, etc., to put them on notice that we are taking it very seriously. Secretary Schlesinger: If we turn off the [REDACTED] mission, you should consider a search warrant. That would lead to those providing him the information, It could also be given to a grand jury. The President: Let's get the best people in Phil's [Buchen's] office and Justice going onit. Also, Justice should look into the alternatives of getting at Hersh and the New York Times. POP-SHERES FT NODIS/XGDS man cory GRRALB R FORD LIBRARY