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HEARINGS REGARDING H.R. 16742: RESTRAINTS ON
TRAVEL TO HOSTILE AREAS



HEARINGS



BEFORE THE



COMMITTEE ON INTERNAL SECURITY
HOUSE OF REPRESENTATIVES

NINETY-SECOND CONGKESS



SECOND SESSION



SEPTEMBER 19 AND 25, 1972
(INCLUDING INDEX)



Printed for the use of the
Committee on Internal Security





V^ ir) %h k(o'={



U.S. GOVERNMENT PRINTINq/ OFFl/E
84-239 O WASHINGTON : 1972



f«»TH£ASIIRN UNIVERSITY SCHOOL of LAW UBRARU



COMMITTEE ON INTERNAL SECURITY

United States House of Representatives

RICHARD H. ICHORD, Missouri, Chairman

CLAUDE PEPPER, Florida JOHN M. ASHBROOK, Ohio

RICHARDSON PREYER, Nortli Carolina ROGER H. ZION, Indiana

ROBERT F. DRINAN, Massachusetts FLETCHER THOMPSON, Georgia

MENDEL J. DAVIS, South Carolina JOHN G. SCHMITZ, California

Donald G. Sanders, Chief Counsel

Richard L. Schultz, Associate Chief Counsel

Alfred M. Nittle, Legislative Counsel

John F. Lewis, Coordinating Editor

Robert M. Horner, Chief Investigator

William G. Shaw, Research Director

DeWitt White, Minority Legal Counsel

Herbert Romerstein, Minority Chief Investigator

(H)



'tM^^ mi io .^



CONTENTS



Testimony
September 19, 1972:

A. William Olson, Assistant Attorney General, Internal Security P^se

Division, Department of Justice 7542

Robert Johnson, Deputy Director and Chief Counsel, Passport Office,

Department of State 7572

Psychological Warfare Analyses by Edward Hunter, Francis M.

Watson, Jr., and Gen. S. L. A. Marshall 7581

September 25, 1972:

Congressman Charles E. Bennett 7608

Congressman G. V. (Sonny) Montgomery 7610

A. William Olson, Assistant Attornej^ General, Internal Security

Division, Department of Justice 7613

Statements

Congressman Carleton J. King 7615

Congressman William J. Scherle 7617

Congressman Louis Frey, Jr 7617

David M. Abshire, Assistant Secretary of State for Congressional

Relations 7620

Charles E. Rice, Professor, Notre Dame University Law School 7622

Appendix:

Transmittal letter and Memorandum of Law Concerning Treason and

Sedition from Department of Justice 7625

Chairman Ichord's remarks in Congressional Record 7633

July Travel Itinerary of Jane Fonda 7639

List of Radio Hanoi broadcasts by Jane Fonda 7642

Texts of Fonda's broadcasts to U.S. servicemen 7644

Theme Analysis by Dr. Joseph E. Thach of Fonda broadcasts from

Hanoi 7672

Staff compilation of relevant statements by Fonda prior to Hanoi

travel 7679

Statement of staff efforts to interview Fonda 7681

Compilation of broadcasts previously made over Radio Hanoi by

other U.S. citizens \ 7682

Copies of reported cases :

Zemel v. Rusk, 381 U.S. 1 (1965) 7695

U.S. V. Laub, 385 U.S. 475 (1966) 7735

Ly7id V. Rusk, 389 F. 2d 940 (1967) 7751

Index i

(III)



The House Committee on Internal Security is a standing committee
of the House of Representatives, constituted as such by the niles of
tlie House, adopted pursuant to Article I, section 5, of the Constitu-
tion of the United States which authorizes the House to determine the
rules of its proceedings.

RULES ADOPTED BY THE 92D CONGRESS

House Resolution 5, January 22, 1971.

RESOLUTION

Resolved, That the Rules of the House of Representatives of the Ninety-first
Congress, together with all applicable provisions of the legislative Reorganiza-
tion Act of 1946, as amended, and the legislative Reorganization Act of 1970, be,
and they are hereby adopted as the Rules of the House of Representatives of the
Ninety-second Congress * * *



Rule X

STANDING COMMITTEES

I. There shall be elected by the House, at the commencement of each Ccngressi,

sis 4= 4: 4: ^ :|c 4:

(k) Committee on Internal Security, to consist of nine Members.

* * * * >^ * it

Rule XI

POWERS AND DUTIES OF COMMITTEES
*******

II. Committee on Internal Security.

(a) Communist and other subversive activities affecting the internal security
of the United States.

(b) The Committee on Internal Security, acting as a whole or by subcommittee,
is authorized to make investigations from time to time of (1) the extent, charac-
ter, objectives, and activities within the United States of organizations or groups,
whether of foreign or domestic origin, their members, agents, and affiliates, which
seek to establish, or assist in the establishment of, a totalitarian dictatorship
within the United States, or to overthrow or alter, or assist in the overthrow or
alteration of, the form of government of the United States or of any State thereof,
by force, violence, treachery, espionage, sabotage, insurrection, or any imlawful
means, (2) the extent, character, objectives, and activities within the United
States of organizations or groups, their memlbers, agents, and affiliates, which
incite or employ acts of force, violence, terrorism, or any unlawful means, to
obstruct or oppose the lawful authority of the Government of the United States
in the execution of any law or policy affecting the internal security of the United
States, and (3) all other questions, including the administration and execution of
any law of the United States, or any portion of law, relating to the foregoing
that would aid the Congress or any committee of the House in any necesisory
remedial legislation.

(IV)



The Committee on Internal Security shall report to the House (or to the Clerk
of the House if the House is not in session ) the results of any such investigation,
together with such recommendations as it deems advisable.

For the purpose of any such investigation, the Committee on Internal Security,
or any subcommittee thereof, is authorized to sit and act at such times and places
within the United States, whether the House is in session, has recessed, or has
adjourned, to hold such hearings, and to require, by subpena or othenvise, the
attendance and testimony of such witnesses and the production of such books,
records, correspondence, memorandums, paijers, and documents, as it deems neces-
sary. Subpenas may be issued under the signature of the clxairman of the commit-
tee or any subcommittee, or by any member designated by any such chairman, and
may be served by any person designated by any such chairman or member.

4: 4: i|: :{: 3|c :|c 4:

28. (a) In order to assist the House in —

(1) its analysis, appraisal, and evaluation of the application, administra-
tion, and execution of the laws enacted by the Congressi, and

(2) its formulation, consideration, and enactment of such modifications of
or changes in those laws, and of such additional legislation, as may be neces-
sary or appropriate,

each sitanding committee shall review and study, on a continuing basis, the appli-
cation, administration, and execution of those laws, or parts of laws, the subject
matter of which is within the jurisdiction of that committee.



HEARINGS REGARDING H.R. 16742: RESTRAINTS ON
TRAVEL TO HOSTILE AREAS



TUESDAY, SEPTEMBER 19, 1972

U.S. House or Representatives,
Committee on Internal Security,

Washington, B.C.
executive session ^

The Committee on Internal Security met, pursuant to call, at 10:05
a.m., in room 311, Cannon House Office Building, Washington, D.C.,
Richard H. Ichord, chairman, presiding.

Committee members present: Representatives Richard H. Ichord
of Missouri, Richardson Preyer of North Carolina, Robert F. Drinan
of Massachusetts, Roger H. Zion of Indiana, and Fletcher Thompson
of Georgia.

Staff members present: Donald G. Sanders, chief counsel; Alfred
M. Nittle, legislative counsel ; Daniel R. Ferry, assistant counsel ; and
DeWitt White, minority legal counsel.

The Chairman. The committ-ee will come to order.

Without objection, the meeting will be held in executive session.

As ordered by the committee on August 10, the Chair directed a
letter to Attorney General Kleindienst, asking that, in the event that
the Attorney General determines that the travel of Jane Fonda did
not constitute sedition or treason, the Department of Justice furnish
a report to the committee on the matter, together with recommendations
of action that the Congress should take or, in the alternative, a repre-
sentative of the Department appear before the committee.

This letter was acknowledged on August 22.

On September 13 Mr. William Olson advised the Chair that the
Fonda matter was still under consideration and that it would be in-
appropriate under the circumstances for the Department to comment
upon a pending matter and therefore a report could not be furnished.

On September 14, by letter to Mr. Kleindienst, the Chair asked that a
representative meet at this executive meeting today.

Without objection, I would direct that the correspondence referred
to be placed in the record at this point.

(The letters referred to follow :)

August 10. 1972.
Hon. RicHAED G. Kliendienst,
Attotmcy General of the United States,
Department of Justice, Washington, D.C.

Dear Mr. Attorney General : The Committee on Internal Security met this
morning in executive session to consider a request that a subpena be issued to



^ Released by the committee Sept. 25, 1972, and ordered to be printed.

(7539)



7.540

require Jane Fonda to appear before the Committee in regard to her travel to
North Vietnam and radio broadcasts to U.S. military forces during July 1972.
During the meeting a number of reasons were expres.sed as a basis for opposition
to the issuance of a subpena. Important factors in the ultimate determination
of the Committee were that the facts seemed to be already rather well-linown,
tliat the matter was under study by the Department of Justice and Fonda would
be entitled to the full protection of the Fifth Amendment, that any such hearing
might work to the prejudice of the Government in the event prosecution Ls under-
taken and that the Committee's overriding interest is not in what additional
information might be secured from Fonda, but rather in any insufficiency in the
terms of the law or in its enforcement.

I am sure that you recognize the pernicious nature of Miss Fonda's statements
to our servicemen, and the seriousness with which nearly all Members of Congress
view her conduct. Although it mlight be fairly said that public support for Ameri-
can involvement in the Vietnam conflict is steadily declining, such aid and com-
fort to a nation with which we are engaged in hostilities is nevertheless con-
demned by the public. But whatever political or public reaction might obtain
under the circumstances, I am sure you agree that the Department of Justice
has a most i-olemn obligation to engage the full weight of the law against conduct
which the Congress has made criminally punishable.

The Committee has reviewed the treason, sedition and other relevant statutes.
It has also been informed of Fonda's travel itinerary, and has studied the tran-
scripts of her broadcasts while recently in Hanoi. It is not difficult to perceive
why a cry of treason has been raised. But if tlie burden of proof is too great for
treason, would not a prima facie case exist under Section 2387 of Title 18,
United States Code or even Section 2388, notwithstanding the jurisdictional
limitation?

In discharging its responsibility to the Congress to insure that statutes
within its oversight jurisdik^tion are being duly enforced by the Executive Branch,
the Committee resolved that the staff investigation of Fonda's activities will con-
tinue, and in the event the Justice Department determines that the broadcasts of
Jane Fonda from Hanoi during July 1972 do not constitute treason or .sedition,
or that her conduct cannot be reached by existing statute for any other reason,
then the Department is requested to furnish a report to the Committee with
recommendations for legislation which would be effective to impose criminal
sanctions under similar circumstances in the future. Desiring to resolve the
questions at an early date, but hoping to avoid an unreasonable burden upon the
Department, the Committee voted to request that the report be submitted by
September 14. or in the alternative, that a representative of the Department
appear before the Committee on that date.

Your .cooperation and assistance in providing an analysis of the federal crimi-
nal law vis-a-vis the recent conduct of Jane Fonda will indeed be appreciated.
WoiiUl you please advi.se me as soon as possible whether tlie Department will
furnish a report on or before the above date or will provide for the appearance of
a representative so that arrangements can be made for a meeting of the Com-
mittee.

Sincerely,

Richard H. Ichord, Chairman.

August 22, 1972.
Hon. Richard H. Ichord,
Chairman, Committee on Internal Security,
House of Representatives,
Washington, B.C.

Dear Mr. Chairman : This is in response to your letter of August 10, 1972
to tlie Attorney General concerning the recent activities of Jane Fonda in
North Vietnam.

You requested that by September 14, 1972 the Department furnish the Com-
mittee with a report as to whether the evidence is sufficient to charge Miss Fonda
with a violation of the sedition, treason or other statutes, or in the alternative,
that a representative of the Department appear before the Committee on that
date.

As you know, the Department is currently reviewing the texts of statements
allegedly made by Miss Fonda and broadca.st over Radio Hanoi. We are still re-



7541

chiving such statements. However, in the event our review of this material is
completed on or before September 14, 1972, we will be pleased to furnish yon
with a report at that time.
Sincerely,

A. William Olson,
Assistant Attorney General.

Department of Justice,
Internal Security Division,

Washington, D.C.,
September 13, 1972.
Hon. Richard H. Ichord,
Chairman, Committee on Internal Security,
House of Representatives,
Washington, B.C.

Dear Mr. Chairman : In my letter of August 22, 1972, regarding Jane Fonda
you were advised that in the event our review of this matter is completed be-
fore September 14, 1972. we would be pleased to furnish you with a report by
that date.

We have since received, and are continuing to receive, material and informa-
tion which is pertinent to our review of the activities of Miss Fonda. Since this
matter is still under active consideration in the Department, I know you will
appreciate that it would be inappropriate, and contrary to long standing De-
partment policy, to comment upon a pending matter.

I regret, therefore, that in these circumstances, I cannot furnish you the re-
port at this time. However, I shall contact you further when our review is com-
pleted and a decision is reached in this matter.
Sincerely,

A. William Olson,
Assistant Attorney General.

September 14, 1972.
Hon. Richard G. Kleindienst,
Attorney General of the United States,
Department of Justice,
Washington, D.C.

Dear Mr. Attorney General : I have received the letter of A.ssistant Attorney
General A. William Olson dated September 13. 1972 in regard to Jane Fonda.
It was with regret that I read of the declination of the Department of Justice
to furnish a report to the Committee on Internal Security at this time.

While it is gratifying to learn that the Department of Justice is considering
the ramifications of the activities of Miss Fonda, it is at the .same time disap-
pointing that yoar review cannot be completed more promptly. Certainly there are
understandable difficulties of proof but the views of the Department would be
helpful to the Committee in evaluating whether there is a necessity for new legis-
lation, and if so in formulating its terms.

In my letter to you of August 10 I related the Committee's desire for a report
by September 14, or in the alternative that a representative of the Department
appear Itefore the Committee on that date. Inasmuch as no report has been fur-
nished the Committee would be pleased to receive your oral views, or your official
representative, in an executive meeting which I am .scheduling for 10 :00 a.m.
on Tuesday, September 19, 1972 in Room 311 of the Cannon House Office Building.

I hope this will bo convenient, and I am looking fonvard to a discussion Tue.sday
which ^^ill produce a solution to the problems resulting from activities such as
those engaged in by Mi.ss Fonda.
Sincerely,

Richard H. Ichord, Chairman.

The CiiAiRMAN. Mr. William Olson, Assistant Attorney General
in charge of internal security, is with its today in response to my letter
of September 10.

Mr. Olson, it is a pleasure to welcome you to the committee. You
are accompanied by Mr. Maroney. Do vou have a prepared statement,
sir?



7542

Mr. Olson. Yes, I do, Mr. Chairman.

The Chairman. Without objection, then, the gentleman will be rec-
ognized to proceed with his statement.

(Biographical data furnished by Mr. Olson follows :)

A. William Olson

Born. Portland, Oregon ; July 3, 1922.

Education. Elementary, Lebanon, Oregon ; Secondary, Camas, Washington ;
College, University of Washington ; U.C.L.A., B.A., 1947 ; Law School, University
of Southern California, J.D., 1950.

Military service. U.S. Army, 1943 to 1946, Staff Sergeant, Rifle Company, 32nd
Division, South Pacific ; Second Lieutenant, Military Intelligence Reserve, 1948
to 1953.

Work experience. Commenced private practice of law in Pasadena, California,
January 1951 ; Associated with Joslyn & Joslyn, 1951 to 1952 ; Associated with
Barrick & Wright, 1952 to 1953 ; Partner, Barriek & Olson, 1953 to 1958 ; Partner,
Barrick, Poole & Olson, 1958 to 1971 ; Department of Justice, January 1971 to
present.

Organisations. Admitted to the State Bar of California, January 1951 ; Mem-
ber of the Pasadena, Los Angeles County and American Bar Associations ;
admitted to the Bar of the United States Supreme Court.

Served as president, Pasadena Junior Barristers, 1955 ; District Commissioner,
San Gabriel "Valley Boy Scouts of America. 1956 ; Board of Governors and Vice
President, University Club of Pasadena, 1956 to 1958 ; Board of Trustees, Execu-
tive Committee, Pasadena Playhouse Association, 1965 to 1967 ; member, Pasadena
Kiwanis Club and Legal Aid Society of Pasadena.

Honors. Purple Shield, underclassman's scholastic and honorary. University
of Washington ; Eagle Scout.

Family. Patricia Ann Custer, 1948. Two sons : Scott William and Robert Kirk.

TESTIMONY OF A. WILLIAM OLSON, ASSISTANT ATTORNEY GEN-
ERAL, INTERNAL SECURITY DIVISION, DEPARTMENT OF
JUSTICE, ACCOMPANIED BY KEVIN T. MARONEY, DEPUTY
ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF JUSTICE

Mr. Olson. Mr. Chairman, I am appearing today in response to your
request that the Attorney General or his official representative appear
before the committee for the purpose of discussing matters relating to
the treason and sedition statutes. The Logan Act is also relevant to a
consideration of this matter.

As I informed the committee in my letter of September 13, 1972, it
would be inappropriate for me to comment on the reported activities
of Jane Fonda in North Vietnam since that is a matter presently
under active consideration in the Department. I would like again to
make that point clear.

The Federal Bureau of Investigation has been requested to conduct
an investigation regarding Miss Fonda's activities, and, of necessity,
we cannot complete our review or come to a prosecutive detennination
until all investigation is concluded. To comment on this matter at this
time would not only be contrary to longstanding policy of the Depart-
ment, but could very well prejudice any possible prosecution, if such
should eventuate. (See Delaney v. United States, 199 F. 2d 107 (1st
Cir. 1952).)

I regret therefore that I cannot testify concerning any of the facts
regarding Miss Fonda's activities in Noith Vietnam, nor can I answer
any hypothetical questions which might in any way relate to that
subject matter.



7543

Mr. Sanders, of your staff, has been furnished with a written report
discussing the law of treason and sedition.^ I think it might at this
time be appropriate to review the provisions of these statutes and
briefly discuss their application.

The treason statute, 18 U.S.C. 2381, provides that whoever levies
war against the United States or adheres to their enemies, giving them
aid and comfort, is guilty of treason. Additionally, Section III, Arti-
cle 3 of the Constitution provides that no person shall be convicted of
treason except on the testimony of two witnesses to the same overt act
or a confession m open court.

Treason is a breach of allegiance to the Government, and as an of-
fense against the state, it has always been regarded as the most serious
and heinous of all crimes.

In early English law, "treason" was given a very broad scope and
became an instrument of oppressing anyone who opposed the will of
the King. However, to avoid such evils, the framere of our Federal
Constitution, although resorting to some of the terms of the old Eng-
lish statute of Edward III, commonly known as the Statute of Trea-
son, made great effort, to define carefully the offense of treason, specifi-
cally limiting its scope. Significantly, the principal discussion in con-
nection with the drafting of the treason clause of the Federal Consti-
tution centered around three aspects; namely, the two- witness require-
ment, the concept of an overt act, and the concept of "aiding and com-
forting the enemy."

The basic law of treason was not written into the Constitution by ac-
cident. It was framed and put there by men who had been taught by
experience and by history to fear the abuse of the treason charge al-
most as much as they feared treason itself. Treason under English law
had become so broad and loose as to make treason consist not only of a
breach of allegiance to the Crown or adherence to its enemies, but to
include the mere utterance of opinions. Many of our Colonies had en-
acted similar bix>ad treason statutes. None of the framers intended to
withdraw the treason offense from use as an effective instrument
against treachery that would aid external enemies nor did they ap-
pear reluctant to punish as treason any genuine breach of allegiance
to one's government. But the thing they did want to prevent was leg-
islation in later years becoming so broad as to make treason consist
of the mere utterance of an opinion.

The proceedings of the Constitutional Convention of 1787 reflect
that Charles Pinckney proposed that Congress be given the power to
declare what should he treason against the United States. However,
the "Committee on Detail" reported a draft constitution which left
no latitude to create new treasons and, after thorough and able dis-
cussion, this was the provision adopted.

The framers combined all known protection against the extension
of treason and wrote into the organic act a prohibition of legislative
or judicial creations of treason. In doing so they seemed to have been
concerned by two kinds of dangers: (1) the suppression by lawful
authority of peaceful political opposition, and (2) the conviction of
the innocent as a result of perjury, passion, or inadequate evidence.

1 For transmittal letter and Memorandum of Law, see appendix, pp. 7625-7632.



7544

To correct the first they limited treason to levying war or adhering
to the enemies of the United States, giving them aid and comfort,
thus making it impossible for lesser offenses to become treason. To
correct the second and safeguard the procedures incident to the trial
of those persons charged with treason, they provided that no one
should be convicted except upon the testimony of two witnesses to
the same overt act or upon confession in open court.
(At this point Mr. Drinan entered the hearing room.)
Mr. Olson. The crime of treason is unique among criminal statutes
as regards the stringent requirements of proof which it places upon
the prosecution of such cases. The Government is required to allege
specific overt acts of treason upon the part of the accused and to prove
each of these acts by the testimony of two eyewitnesses to the particular
act. In United States v. Robinson^ 1919, 259 F. 685, Judge Learned
Hand wrote with regard to treason, "conviction cannot be had on
the testimony of one witness together with circumstantial evidence,
though it was well nigh conclusive." In the Supreme Court's decision
in Grainer v. United States^ 325 U.S. 1, Justice Jackson presented an
exhaustive treatise on the history of the treason statute to evidence
the necessity for a narrow and restrictive interpretation of the statute.
He stated:

Thus the crime of treason consists of two elements : adherence to the enemy ;
and rendering him aid and comfort. A citizen intellectually or emotionally may



Online LibraryUnited States. Congress. House. Committee on InterHearings regarding H.R. 16742: restraints on travel to hostile areas. Hearings, Ninety-second Congress, second session → online text (page 1 of 26)