COMMITTEE ON THE JUDICIARY UNITED STATES SENATE EIGHTY-FIFTH CONGRESS SECOND SESSION ON S. 921 AND THE POWER OF THE PRESIDENT TO WITHHOLD MARCH 6, 1958 PART I Printed for the use of the Committee on the Judiciary 25740 UNITED STATES WASHINGTON: 1958 Hon. William P. Rogers, Attorney General of the United States. - Copy of S. 921, 85th Congress, to amend section 161 of the Revised Statutes with respect to the authority of Federal officers and agencies to withhold information and limit the availability of records- Copy of S. 2148, 85th Congress, to amend section 3 of chapter 324 of the act of June 11, 1946 (60 Stat. 238) to clarify and protect the right of the public to information__ List of agencies and executive departments citing title 5, United President Dwight D. Eisenhower to the Secretary of Defense, May 17, 1954, including a memorandum to the President from the Attor- Article, "Demands of Congressional Committees for Executive Papers," (in three installments) by Herman Wolkinson, Federal Bar Journal, April, July, October, 1949- Department of Justice study, "Is a Congressional Committee En- titled To Demand and Receive Information and Papers From the President and the Heads of Departments Which They Deem Con- Library of Congress study, "Selected Cases in Which Information Has Been Withheld From Congress By the Executive Department,' 63-146 Senate Document No. 99, 83d Congress, 2d session, "Congressional Power of Investigation, A Study Prepared at the Request of Senator William Langer, By the Legislative Reference Service of the Library Survey, of Withholding of Information From Congress, made by the FREEDOM OF INFORMATION AND SECRECY IN GOVERNMENT THURSDAY, MARCH 6, 1958 UNITED STATES SENATE, SUBCOMMITTEE ON CONSTITUTIONAL RIGHTS, Washington, D.C. The subcommittee met, pursuant to call, at 11:03 a. m., in room 104-B, Senate Office Building, Senator Thomas C. Hennings, Jr., chairman of the subcommittee, presiding. Present: Senators Hennings and Hruska. Also present: Charles H. Slayman, Jr., chief counsel and staff director; William D. Patton, assistant counsel; and Wayne H. Smithey, professional staff member, Committee on the Judiciary. Senator HENNINGS. Since the hour of 11 is a few moments past, the subcommittee will please come to order. I would like to make just a short opening statement, if I may. The Senate Constitutional Rights Subcommittee is very pleased indeed, and I want to add that I am particularly pleased, to have my friend, the Attorney General of the United States, accept our invitation to be with us today for a discussion of the important matter of freedom of information and its corollary, alleged unnecessary secrecy in Government. It is indeed most gratifying that we have our new Attorney General accepting our first invitation to be with us. The time and date agreed upon are those which proved most convenient and mutually satisfactory. To have the chief legal officer of the United States Government here this morning is indeed most gratifying to us all. We meet here today in the absence of any hostility or acrimony whatsoever. Questions of whether there is a legally recognized privilege lodged in the Chief Executive to withhold information from the Congress and the public on his own determination and, if so, whether such a privilege may be delegated to remote subordinate officials and employees are the basic questions which the chief legal officer of the executive branch, the Attorney General, we hope will discuss with us today. We look forward to hearing his analysis of the issues which are so intricately connected with the whole doctrine of checks and balances in our form of National Government. Only when the American people and their lawmakers have maximum access to accurate information, commensurate with genuine national defense interests, can our system of government operate in the most enlightening and useful manner. Accordingly, many of us believe the burden should be on public officials who withhold information to furnish sound reasons and lawful authority for so doing. 1 |