Evening star. [volume] (Washington, D.C.) 1854-1972, 1962-02-08
INQUIRY
INQUIRY
Executive Privilege
Invoked at Heorino
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Continued From Page Al
actions were detrimental to
Marine morale.
He said he had read some OF
the questions asked by the in
vestigators and commented:
II am quick to admit that
am personally unable to fully
answer all the questions.
I do not believe my ability or
that Of any well-trained men
to answer that QUESTIONABLE
has any particular bearing on
the effectiveness of the Corps
in its assigned mission"
Cooperation Reviewed
The President, in his letter
reviewed the cooperation the
Defense and other departments
had given the subcommittee In
its investigation and said:
For these reasons, and in
accordance with the precedents
on separation of powers estab-
lished by my predecessors from
first to last, I have concluded
that it would be contrary to
the public interest to make
available any information
which would enable the SUBJ
committee to identify and hold
accountable any individual
with respect to any particular
speech that he has reviewed.
II therefore direct you (Mr
McNamara), and all personnel
under the jurisdiction of your
department, not to give any
testimony or produce any docu-
ments which would disclose
such information; and I am is
suing parallel instructions to
the Secretary of State"
The President concluded with
saying that he did not intend
ito permit subordinate officials
OF our career services to bear
the brunt of congressional in
quiry into policies which are
the responsibilities of their
superiors."
: Lawrence Recalled
The subcommittee had re-
called Mr.. Lawrence after de-
Gliding that his refusal to an
sWer questions last week on
grounds that he was acting on
instructions was not sufficient
After carefully explaining the
purpose of his recall, Senator
Stennis directed Mr.. Lawrence
to answer the question. It in
volved who censored a year-old
statement prepared for 1t. Gen
Arthur G. Trudeau, chief of
Army research and develop
ment. for a House committee.
Before Mr.. Lawrence could
answer, Secretary Mcnamara
spoke out, "Mr. Chairman"
He was interrupted by Sen
ator Thurmond, who said Mr..
Lawrence should be required
to respond before the Secre-
tary said anything.
Mcnamara Heard
However. Senator Stennis
ruled that Mr.. Mcnamara, who
previously had said he assumed
all responsibility in the matter,
could make a statement.
The Secretary asked if the
subcommittee wanted him
sworn as a witness. After he
was sworn he read the Presi-
dents letter.
Mr.. Mcnamara, saying he
was acting in accordance with
the Presidents orders, told the
subcommittee: Il have in
structed Mr.. Lawrence not to
answer the question, invoking
executive privilege"
Senator Stennis asked Mr..
Lawrence: SIS that your posi-
tion?"
Eyes, sir, it is" Mr.. Lawrence
replied.
Precedents Cited
Senator Stennis, who had
been expecting this issue to
arise, cited precedents going
back to George Washington to
show that neither the courts
nor Congress has overridden
pleas of executive privilege by
a President. Under the con-
stitutional system of checks
and balances, he continued,
this prevents one branch of
the Government from impos-
ing its will on the other"
Hearing AdjOurns
On the motion of Senator
Saltonstall, Republican of Mas
sachusetts, the hearing adj
journed subject to the call of