Guido Goldman

1010 Memorial Drive
Cambridge, Massachusetts

December 8, 1975

Miss Irene Derus
C/O General Scowcroft
White House
Washington, D.C.

Dear Irene:

In confirmation of our phone conversation I
would like to advise you that Lebrun Brothers is
the firm that will be removing the painting by Jules
Olitski from General Scowcroft's office on December
18th. Jim Lebrun will be calling you to advise you
of the names of the two gentlemen who will be coming
to the White House on that day and the license num-
ber of the station wagon in which they will arrive.

This letter is intended to authorize you to
release the painting to the designees of Mr. Lebrun.
I believe it will take them a few minutes to remove
the painting from the premise.

I would be grateful if you could confirm that
these arrangements are acceptable to you and to General
Scowcroft.

With best wishes I am

Yours sincerely,

cc: The Honorable Henry Kissinger
Department of State

DR. ISRAEL M. GOLDMAN
RABBI OF THE CHIZUK AMUNO CONGREGATION
BALTIMORE, MARYLAND

STUDY:
8100 STEVENSON ROAD
BALTIMORE, MD. 21208
486-6400

May 10, 1976

RESIDENCE:
7912 WINTERSET AVENUE
BALTIMORE, MD. 21208
484-1522

Dr. Henry A. Kissinger
Secretary of State
Department of State
2201 "C" Street, N.W.
Washington, D.C. 20520

Dear Dr. Kissinger:

After having you with us at Chizuk Amuno last night, and after listening to your address, I can understand what Simcha Dinitz is reported to have said to you: "Dr. Kissinger, they will erect monuments for you!" I heard that there is a French proverb which says: "France builds monuments for its great men out of the stones they first threw at them." You are truly a monumental personality, and your address was that of a statesman with a world vision.

We are honored by the great favor you bestowed upon us in coming, and we were equally honored by the gracious presence of your lovely lady. The warmth of the welcome extended to both of you was so sincere and so warmly expressed. It was really a testimonial to you. You received almost continuous applause during your address, and you likewise were accorded several rising ovations accompanied by tumultuous acclaim.

It was a great joy and privilege for Mildred and myself to get to know you and Mrs. Kissinger. You are both people to whom it is so easy to talk and pleasant to be with. You are so naturally warm and smiling and friendly. You afforded us a memorable event, and the whole evening has made history.

With deep appreciation and with every good wish and warm remembrances to
Mrs. Kissinger, in which my wife joins me,

P.S. I understand from Tracy that your office will be sending me a copy of your address. I am so glad that the *New York Times* gave it front page, as did the *Baltimore Sun*. I got the early edition of the *Washington Post*, and there was no reference to your address in it. I imagine the later editions must have carried it.

IMG:rr

Kim calls for U.S. talks

TOKYO — North Korean President Kim il Sung today urged the United States to accept his country's proposal for bipartisan negotiations on a peace settlement of the 1950-53 Korean War.

"The United States should naturally accept our peace-loving initiative, if it is really interested in the peaceful settlement of the Korean question as a signatory to the Korean armistice agreement," Kim said in a radio broadcast monitored in Tokyo.

Jack Goldman

221 Atherton Avenue, Atherton, California 94025

April 14, 74

Dear Henry;

I am recovering nicely from my left hip operation- old one for a
new one. Am back to one cane and one more month to go before release.

In the meantime you have taken on a lovely wife and Rose and I wish
you a world of happiness.

Don't you think it would be great to have a talk of friendship with
North Korean President Kim Il Sung who is requesting it.

You are the man who can handle this affair so please Henry make
with
friendship, another small nation. We need friendship particularly
with the ones who want to join us. Good luck.

self

Jack Goldman

221 Atherton Avenue, Atherton, California 94025 April 17, 1974 [ac]

Now I want to offer you a suggestion for your meeting with Syria in the near future. I think it can aid you plenty as I have written to the following heads of Arab states since the first of December 1973. I have my own scrap-book with copies of my advice to the following foreigners. I am sure it helped some in the energy crisis.

Following is a list of men I wrote to with the same thought to all of them: It just had to make an impression to the truth.

President Anwar Sadat

EgyptColonel Moasninar Khadafy

President Hafez Assad

Crown Prince Faisal King

Premier Abdel Salam Jalloud

I worked on these above people from the theory of FEAR. I impressed them that sooner or later they would be taken over by Russia and will lose everything they have.

I recommended to them they should line themselves up with the United States as it is the only country that can help them and aid them and have them keep their possessions. I am sure some of them believe my story of Fear as they know Russia has taken over several countries whereas the U.S.A. has taken over nobody.

Hope you can get Syria to realize the U.S.A. is their only hope of survival.

Don't forget to bring your bride to us for a visit one of these days. She will love my married daughters and their husbands.

Sincerely,
Jack

Trade bill outlook dims

Secretary of State Henry Kissinger failed to get one thing he strongly hoped for from Soviet Foreign Minister Andrei Gromyko during Gromyko's visit last week: some new concession easing restrictions on emigration of Soviet Jews to Israel.

As a result, chances of the Administration's trade bill passing the Senate with an extension of credit and equal tariff treatment to Moscow are dimming fast. The Senate Finance Committee threatens to drop the bill if the emigration issue is not settled soon.

ceed R. E. McGee, who died last month. Oil last year accounted for one-fifth of the conglomerate's $3.9-billion revenues and nearly one-third of its $230-million profits. Scott, a geologist with experience in oil exploration, rose to Tenneco's executive ranks from its oil subsidiary. His background fits in with many of the company's plans for expanding its energy operations, including more extensive drilling in the Gulf of Mexico, negotiations to

The prime lending rate finally broke the 10% record high set last September. But economists at New York's First National City Bank predicted that short-term rates would fall to the 6% range by late summer, and this forecast helped to prod the Dow Jones industrial average up more than 17 points on Tuesday. At midweek, Citizens & Southern National Bank had raised its prime rate on new loans to 10½%, North Carolina Na-

# Soviet Military's Doubts on Detente

San Francisco Chronicle 13

★ Thurs., March 7, 1974

## Moscow

Soviet Defense Minister Andrei Grechko says the Soviet Union should remain wary of East-West detente and increase spending on its military might.

In an article written for the current issue of the Communist party's theoretical journal "Kommunist," the marshal declared that "the aggressive forces of imperialism must constantly feel we are always on the alert."

The prominent display given Grechko's call for vigilance seemed to be further indication that influential men in the Soviet leadership view party leader Leonid I. Brezhnev's opening to the West with some apprehension.

Publication of the article, entitled "V. I. Lenin and the Armed Forces of the Soviet State," coincided with resumption in Geneva of Soviet-American strategic arms limitation talks.

The marshal said "imperialist reaction" has not started a new world war because of the "increasing economic and defense might of or state and its armed forces."

"In order for peace to be established on the whole planet, for the Soviet people to build communism, it is also necessary henceforth to strengthen the defense capacity of the country and increase the military power of the army and navy," he said.

Associated Press

14 San Francisco Chronicle ★★★ Thurs., March 7, 1974

Oil Firms, Critics Talk

# Why We Line Up for

By William Moore

The saga of the long gasoline lines continued yesterday, with the situation improving slightly in San Francisco, the East Bay and Marin county — and worsening on the Peninsula and in the San Jose area.

A spokesman for the San Francisco Police Department said a survey of service stations open here re-

## Jobless in Fuel Crisis

Washington

The number of persons seeking or receiving unemployment benefits for jobs they lost because of the energy shortage rose to 292,400

persons out of the market, replacing them with company-operated stations.

Campbell said there were a number of stations, operated by different companies in the Bay Area, that were receiving more gasoline from the companies that they sold in 1972, and more gasoline than that received by independent dealers.

The spokesman for Star

Libya and Russia OK [cc]
Mutual Friendship Pack

Moscow

5-16-74

The Soviet Union and Li-
bya, long at odds in the Mid-
dle East, agreed yesterday
to strengthen their ties and
unite in a common struggle,
Tass news agency said.

Tass said the agreement
was reached in a meeting
between Communist party
General Secretary Leonid
Brezhnev and Libyan Pre-
mier Abdel Salam Jalloud.

"A mutual commitment
was expressed to further de-
velopment of friendship and
all-around cooperation ... in
the interests of the struggle
against imperialism, coloni-
alism and neo-colonialism."
Tass said.

The statement marked the
strongest expression of
friendship between the two
countries since the regime
of Coronel Moammer Khad-
afy came to power in Libya
in 1969.

Until just a few months
ago Libya was critical of So-
viet policies in the Middle
East and openly hostile to
Soviet Marxism.

But relations have im-
proved in recent months,
with both countries finding
common cause in their oppo-
sition to growing American
influence in the Middle East
and in opposition to the poli-
cies of Egyptian President
Anwar Sadat.

United Press

Memo From
John J. Miller

ARI ONASSIS' agony: He's losing the sight of one eye — including muscle control over the ailing orb. The condition is the result of a long-ago injury and unfortunately Ari has found out that not even his massive wealth can buy a cure.

Carol Burnett and Robert Redford have been in serious negotiations for Carol to portray Martha Mitchell in Redford's upcoming movie version of "All the President's Men," based on the Bob Woodward-Carl Bernstein book about Watergate . . . Redford reports that he's received word that Martha wanted to play herself in the movie — but says he has no intention of following up Mrs. Mitchell's wish to make her screen debut.

The strikingly attractive, but unrecognized, new saleslady behind the counter at a Fifth Ave. department store in New York is Hedy Lamarr.

Henry Wynberg's father made headlines in London telling the press that his son and Liz Taylor were planning to be married this fall.

The Marlo Thomas-Valerie Harper feud is at the Why Don't We Step Into An Alley & Spatter Some Blood stage.

Random House is the publisher with the inside track to Henry Kissinger's memoirs once Kissinger steps out of government service. The NY publishers just made Henry a firm offer of $2 million.

ROBERT REDFORD

WEDAY

When you
money.

WN
DAY:
NT

BOY WITH HOOD

Rainbow
And Rag

LOOKING for the
rainbow, and re-
creating the works of a
ragtime artist, will be
among the stage offer-
ings during the coming
week.

"The Rainbow Ca-
per," an original come-\ddy with music in which
six colors (Yellow is
played by Ken Cohen,
right) seek the rain-
bow, will be offered
Sunday at 1 and 3 p.m.
at Sharon Meadow in
Golden Gate Park, with
other performances ev-
ery Sunday through
August 25.

Ragtime pianist and
humorist Jaspar Ankel
(below) will appear in
concert Saturday at 8
p.m. at Fellowship
Church, 2041 Larkin
with his "Keyboard Ef-

Dr. Nahum Goldmann

Ahad Haam 18
Jerusalem 92 103

May 21st, 1974.

Secretary of State
Dr. Henry Kissinger
King David Hotel
Jerusalem

Dear Mr. Secretary,

I write you this letter to tell you how much I admire your patience and resourcefulness in having made the break-through in the negotiations with Syria. I hope that this will open the way for tackling the much more serious problems lying ahead on the road to final settlement, but I am confident that you will continue with success in these more complicated future stages of the negotiations.

I did not try to see you while you were here, firstly because I did not wish to impose on your tight schedule and secondly in order not to appear as trying to interfere in your official contacts with the Israeli leaders.

I use this opportunity to congratulate you, a few days in advance, on your coming birthday, and to ask you to convey to Mrs. Kissinger our best regards. My wife will try to telephone her and see if we could have her at our home.

With best wishes for further success and with hearty greetings to both of you, also from Mrs. Goldmann, I am

NAHUM GOLDMANN

12, AV. MONTAIGNE
75008 PARIS

September 25th, 1975.

The Secretary of State
Dr. Henry Kissinger
Department of State
Washington, D.C.

Dear Henry,

I took the liberty of sending you a copy of my book "Où va Israel?" which appeared last week in French. I cannot assume that you will have the time to read it, but maybe Nancy will. It deals less with actual politics than it views the development of Israel from a historical point-of-view and tries to explain why - because of the Holocaust and the war against the Arabs with which the history of Israel had to start - the real Zionist ideology could not yet be implemented.

I use the opportunity to send you, even if belatedly, my congratulations on the successful conclusion of your disengagement negotiations, which certainly was a demonstration of your unrelenting energy and your resourcefulness - despite all the doubts I have, in principle, about this method to achieve peace. I hope that you will succeed in the further steps, especially as we both agree that time does not work in favour of Israel.

I shall not be in the U.S.A. before December, and look forward to seeing you and Nancy.

With best wishes, also for the new Jewish year, and best regards for both of you,

NAHUM GOLDMANN

Suzanne: FYI: I have put this letter
in the Secretary's daily mail. You have
the book in your office.

cfe
The Secretary of State
Dr. Henry Kissinger
Department of State
Washington, D.C.

12, AV. MONTAIGNE
75008 PARIS

September 25th, 1975.

Dear Henry,

NAHUM GOLDMANN

12, AV. MONTAIGNE
75008 PARIS

November 2nd, 1975.

The Secretary of State
Dr. Henry A. Kissinger
Department of State
Washington, D.C.
U. S. A.

Dear Henry,

Thanks for your kind letter of October 13th.

I look forward to seeing you and Nancy in December when I shall be in New York. Guido will arrange it.

I write you today after a two-week stay in Israel, where I found quite a different state of mind than before. People are becoming much more moderate and are much more ready to accept a complete withdrawal - always with the exception of Jerusalem - in case they would obtain a real peace agreement. In a recent poll made by "Haaretz", the most serious newspaper, as you know, 52% were in favour of complete withdrawal in return for a real peace. I saw many well informed journalists and a lot of party leaders, and nearly all spoke of this change of mood. People begin to understand how much they are dependent on the United States, especially financially, and are getting tired of the war situation and of the lack of stability. There is a great tendency, particularly among the young, to emigrate; fortunately for Israel the economic situation throughout the world is not too good and it is not easy to find work elsewhere. My feeling is that public opinion is much more moderate than the leaders, who are afraid of being accused of weakness one by the other. When I shall have the pleasure of seeing you, I shall tell you more about my talks with leading ministers and party leaders.

I felt that you should be informed about this, although you may get similar information from your Embassy. By the way, I saw the new Ambassador, Mr. Toon, and am impressed by his courage to speak out to the Israelis.

I do not want to burden you with a lengthy letter, especially as I hope to see you personally in a few weeks.

With best wishes and regards, also for Nancy, I am,

NAHUM GOLDMANN

at present St. Moritz
Suvretta Haus

12, AV. MONTAIGNE
75008 PARIS

July 19th, 1975.

Secretary of State
Dr. Henry Kissinger
Department of State
Washington D.C.

Dear Henry,

I want to thank you and Nancy again
in writing for your good wishes on my 80th
birthday. You know how much I value my
friendship with you both and how much I
enjoy our occasional talks.

I wish you full success in the many
complex and historical tasks you will have
to fulfil in the near future.

Wishing you both all the best and
hoping to see you in the fall when I shall
be back in the United States, I am, with
best regards, also from Mrs. Goldmann,

[LC]

NAHUM GOLDMANN

12, AV. MONTAIGNE

75008 PARIS

le 11 novembre 1976.

Dr. Henry A. Kissinger
Secretary of State
State Department
Washington DC 20520

Dear Henry,

I took the liberty of sending you today my new book in French, "Le Paradoxe juif". If ever you have a moment to glance through it, I hope it will interest you.

130176 1904Z

CSTATE VSH
JSH

X103 VAA111(1243)(2-024181E287)PD 10/13/76 1243
CS IPMMTZZ CSP

2127347166 TDMT NEW YORK NY 124 10-12 1243P EST
S HENRY KISSINGER

H. DEPT
SHI.CION DC 20520

I ME SECRETARY IF NEED YOUR ASSISTANCE. OUR CONFERENCE HAS BEEN
TOUCH WITH FAPEI HAMRA OF DAMASCUS ABOUT VISITING EACH OF THE
JEWISH FAMILIES (4000 INDIVIDUALS) IN SYRIA AND BRINGING
GUNS AND GIFTS FROM THE AMERICAN JEWISH COMMUNITY TO THE SYRIAN
JEWISH COMMUNITY.

WAS WANTED TO VISIT LATER THIS MONTH AND IN NOVEMBER FOR 3 WEEKS
BRINGING HUUKKAH GIFTS BEFORE THAT FESTIVAL.

APPROVE YOUR HELPFULNESS OF THE PAST YEAR WHEN MR SISCO
ACTED ON YOUR BEHALF AND ON BEHALF OF PRESIDENT FORD IF 1/3
ALLIED PETITIONS.

YOU COULD GAIN THE CONSENT OF THE SYRIAN GOVERNMENT (HOPEFULLY BY
THE 11th) FOR OUR VISIT WE COULD GO AHEAD WITH PLANS FOR OUR
DEPARTURE. CORDIALLY YOURS

P:EDT

STATE VSH
VSH

Berkeley, California.
P.O. Box 4000B
Mr. Marc L. Coldstein,

Peraonsal Vaaiatant
Suzanne 2. McFarlane

Sincerely,

school.
greatest success in your application to this fine
I know, though, that he would wish you the
redoute.

if he did it for some, he would be overwhelmed with
recommendations. I am sure you will understand how,
to adhere strictly to a policy of not making personal
school. Unfortunately, he feels it is wise and fairest
asking for a letter of recommendation to Berkeley law
The Secretary has received your recent letter

Dear Mr. Goldstein:

February 9, 1976

MARC L. GOLDSTEIN

POST OFFICE BOX 4000 B
BERKELEY, CALIFORNIA 94704

January 22, 1976

Secretary Henry Kissinger
State Department
Washington, D.C. 20510

Dear Secretary Kissinger,

It was good seeing you again in Paris. I hope this letter
finds you in good health and spirit.

If I could be so bold, I wonder if I could take
you up on your offer to write me a brief letter of
recommendation for law school. You will remember
that last year you volunteered, but at that time, I
was not giving any serious thought to applying.

I believe that you would be in a position to attest
to my nature and character and could possibly estimate
my chances for success in law school. I would be
forever grateful for a very brief note addressed to:

Office of Student Advising
400 Eshleman Hall
University of California
Berkeley, CA 94720

Perhaps you could make some mention of my ecological
lobbying efforts in Washington towards increased
scrutiny of pesticide usage, and you might possibly
comment on my penchant for International Law, specially
that dealing with France. As you may remember, I am
a Senior at UC Berkeley majoring in Economics with
my principal interests lying with French International
Relations and laws. You will remember that we first met
at the 1973 Inaugural Ball, where I was taking pictures
for the Inaugural Committee.

I can't begin to thank you enough for your gracious
offer and kind assistance. Best wishes to you and Mrs.
Kissinger.

Berkeley, California.
F. O. Box 4000B
Mr. Marc L. Goldstein

Personal Assistant
Susanne Z. McFarlane

Sincerely,

cation to Berkeley.
know that he wishes you the best of success in your abil-
while the Secretary doesn't feel that he can help you. I
I am terribly sorry for the misunderstanding, and,
to him and he has first-hand knowledge of his abilities.
such a letter unless the individual is personally well known
of assistance on his part. In truth, he never writes
a remark of general encouragement to mean a commitment
I deeply regret that you may have misinterpreted
behalf.

to write a letter of recommendation to law school on your
enough about your academic qualifications or abititude
personable young man, he does not feel that he knows
While the Secretary may recall you as a very

Dear Mr. Goldstein:

February 20, 1976

MARC L. GOLDSTEIN

February 14, 1976

Ms. Suzanne S. McFarlane
Personal Assistant to the
Secretary of State
Washington, D.C.

Dear Ms. McFarlane:

Thank you very much for your letter concerning
my request for a letter of recommendation from
the Secretary.

Please understand that it was Secretary
Kissinger who offered to write me a brief statement
in support of my application in Paris a while ago.

I had expressed an interest at that time to apply
to among other places, Harvard Law School. Being
that the Secretary has close ties with Harvard, it
was my understanding that he thought he could assist
me. We have met on a number of occasions, the first
being during the Nixon Administration when I was one
of the photographers for the second Inaugural.

Perhaps you could again inquire of Mr. Secretary
as to his willingness to dash off a quick note. I feel
that a misunderstanding has perhaps evolved and I hope
that I could get Mr. Secretary's assistance with my
vie for law school. Perhaps a short two sentence note
sent to the Office of Student Advising, located at
400 Eshleman Hall, Berkeley, CA 94720 would be in
order. (This is the office at UC Berkeley where all
supportive letters are compiled for transmission to the
respective schools.)

If a personal recommendation of this type is
passe with the Secretary, perhaps I could ask him to
send me a note with regards to his hopeful wishes for
my law school pursuits. I think the Secretary's comments
as he previously offered, would help me immensely, and I
would be forever grateful. As he may remember, we spoke
at length in Paris and again I said "Hello" at the Fair-
monet last week in San Francisco.

HAZARDS TO PUBLIC SAFETY OF WAR POWERS
RESOLUTION AND OTHER ACTS OF CONGRESS

May 8, 1975

MR. GOLDWATER: Mr. President, on April 3, U.S. naval vessels entered the territorial waters of South Vietnam at the direction of President Ford to assist in an international humanitarian relief mission that resulted in the evacuation of many thousands of foreign citizens from Danang and other imperiled Vietnamese seaports. On April 11, President Ford single-handedly ordered the rescue of some 100 Americans, 160 Cambodians and 35 third-country nationals from Phnom Penh. Finally, on April 29, President Ford directed the airlift by U.S. Marines and naval units which successfully evacuated all Americans from Saigon, including approximately 1,400 Americans and 5,500 South Vietnamese and third-country nationals.

Recent laws of Congress were a hazard to the success of each of these courageous and wise operations. The laws of Congress were an impediment to safety of American citizens. The laws of Congress have cast a cloud of doubt over the legality of the President's actions that may remain unresolved throughout history. These same laws have weakened the ability of the United States to remain a respected and believed power able to exercise its historic prerogatives across the world.

[L.C.]

Page 2

These recent humanitarian rescue missions by President Ford were accomplished in spite of a maze of difficult legal questions directed by recent laws of Congress. For example, there is the War Powers Resolution. This Resolution spells out in section 2 (c) that the President possesses Constitutional power to introduce the Armed Forces "into hostilities" or into situations where their "imminent involvement in hostilities is clearly indicated" only, and I emphasize the word "only," when Congress has provided a declaration of war or specific statutory authority or where there is "a national emergency created by attack upon the United States, its territories or possessions, or its Armed Forces."

Does the word "only" mean "only"? If so, it appears that President Ford's recent actions were illegal under this provision of law.

The provision does not state that troops can be introduced to "protect United States citizens abroad." But some of the sponsors of the War Powers Resolution claim that the law does not mean what its provisions say. It means what they say it means. This is their device for making any exceptions that may be required by unexpected situations that arise to cast doubt on the wisdom of the original law. Thus, they say that there is an implied exception to the War Powers Resolution which allows the President to use the Armed Forces in the protection of American citizens.

Page 3

Very well, assuming that the sponsors of the law
can make amendments to it by legislative history discussed
in the Halls of Congress, what about the withdrawal of
foreign nationals? Does the implied exception, if any,
which permits the evacuation of American citizens stretch
far enough to confer authority upon the President to rescue
endangered foreign nationals?

In the Cambodian evacuation, it appears more foreign
nationals were flown out by the U.S. military than were
American citizens. A contingent of 350 Marines in full
combat gear participated in the operation, standing guard
in the area where the helicopters landed. Twenty U.S. war
planes patrolled the skies and two helicopter gunships
escorted the fleet. No casualties were incurred, but a
75 mm. recoilless rifle round and four rockets hit the
landing field.

Was this situation a "hostility" or an "imminent"
hostility? Phnom Penh was besieged by attacking Communist
forces, and there was firing on U.S. forces. If this
constitutes the involvement of the American military "in
hostilities," then it could be prohibited not only by the
War Powers Resolution, but by section 806 of Public Law
93-155 and section 13 of Public Law 93-126. Each law
provides that "no funds heretofore or hereafter appropriated
may be obligated or expended to finance the involvement
of United States military forces in hostilities in or
over or from off the shores of North Vietnam, South Vietnam,
Laos, or Cambodia, unless specifically authorized by the
Congress."

[LC]

[LC]

Page 4

These laws apply on their face not only to funds represented by those laws alone, but specifically cover any funds "heretofore or hereafter appropriated" by any law.

How can the President contend that the Cambodian evacuation did not involve the employment of U.S. military forces in hostilities? Can he fairly raise an exception not identified in these laws themselves because the operation was an emergency rescue of brief duration whose original primary objective was to protect endangered Americans and <ins>in the</ins> process of which he chose on moral grounds to allow the humanitarian evacuation of a limited number of foreign nationals? Perhaps he can, absent any legislative history showing that such an exception should not be implied. But the question gives pause. It could cause delay in starting up an urgently needed emergency mission. Unless it was carried off as a complete success, the questions would have left the President vulnerable to critics whose hindsight is always better than their foresight.

But there are more questions. In the Danang relief mission, U.S. naval vessels with embarked helicopters and combat-equipped Marines, picked up foreign national refugees and some U.S. citizens from the coast of South Vietnam and transported them to safer areas. Unquestionably, the vast majority of persons helped were not Americans. At the time the military situation in Vietnam was worsening, with South Vietnam giving up additional provinces and the capital of Hue to the Communists.

[L]

Page 5

Was this a military operation in Vietnam? If so, it was
prohibited by section 30 of the Foreign Assistance Act 1973.

This law provides: "No funds authorized or appropriated under *this or any other law may be expended to finance military or paramilitary operations by the United States in or over Vietnam, Laos, or Cambodia.

Although military units were involved and these forces were
equipped for combat, can it be said that a relief operation is
*not* a "military" operation? Can it be argued that an operation
in the territorial waters and along the coast of South Vietnam
is *not* an operation "in" Vietnam? Perhaps, but once again the
President is placed at his own peril in making such an interpre-
tation of the law.

During the final removal of Americans from South Vietnam,
there was a direct and imminent threat to the remaining U.S.
citizens and their dependents in and around Saigon. A fleet of
some 70 helicopters protected by U.S. fighter aircraft had to be
utilized in order to carry out the final evacuation. In one in-
stance, American planes supressed North Vietnamese anti-aircraft
artillery that was firing upon evacuation helicopters. About 865
Marines were involved in the operation. At least two U.S. Marines
and two pilots were killed in the final days. The ground security
forces returned fire during the operation.

Was this "combat activity?" If so, it was apparently pro-
hibited by at least four Acts of Congress. The 1974 and 1975

[Lc]

Page 6

Department of Defense Appropriations Act, each prohibit any of the funds therein appropriated from being obligated or expended "to finance directly or indirectly combat activities by United States military forces in or over or from off the shores of North Vietnam, South Vietnam, Laos, or Cambodia." Section 108 of the Continuing Resolution enacted July 1, 1973, provides that "on or after August 15, 1973, no funds herein or heretofore appropriated may be obligated or expended to finance directly or indirectly combat activities by United States military forces in or over or from off the shores of North Vietnam, South Vietnam, Laos or Cambodia." Finally, section 307 of the Second Supplemental Appropriations Act of 1973 states that none of the funds appropriated under that Act or "here-tofore appropriated under any other Act" may be expended after August 15, 1973, "to support directly or indirectly combat activities in or over Cambodia, Laos, North Vietnam and South Vietnam or off the shores of Cambodia, Laos, North Vietnam and South Vietnam by United States forces."

Perhaps none of the funds appropriated by any of these four laws and not even any funds appropriated previous to those laws were used in any way during the final evacuation. Perhaps none of the equipment, ammunition, clothing, and so forth, were supplied by any funds appropriated under all these laws. Perhaps, but again it takes bold and decisive action by the President willing to assume the responsibility for his own interpretation of those laws to order the action that he did.

[Lc]

Page 7

There is another question raised by these laws that did not occur during the evacuations, but very well could have. The answer to this question may be crucial to the safety of the United States and its citizens at some time in the future. This question is raised by the belief of the sponsors of the War Powers Resolution that Congress can put a halt to an emergency rescue operation at any time even though it involves the protection of U.S. citizens.

For example, on April 23rd, I engaged in a colloquy over the pending evacuation authority with the senior Senator from New York, Mr. Javits. While admitting that the President "has an unchallenged right, under the Constitution, to use the Armed Forces of the United States to rescue Americans from a war-zone," the Senator from New York declared that "those forces, when so used, remain accountable to the Country through both he and the Congress, so that we may have some control over what happens with respect to their use, and so that the whole thing may be called off if it goes beyond what we think is a fair measure of use for this purpose." (emphasized added)

If what my friend from New York says is true, then it means that Congress can tell the President one day, or one hour, after he initiates a humanitarian rescue mission to protect American citizens that he must call the whole thing off. If Congress fears the operation could involve some risk which out-weighs the safety of the number of Americans immediately involved, it can direct the President to abandon those Americans.

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This contingency, which I truly hope will never happen, could occur under section 5 (c) of the War Powers Resolution which provides that American forces engaged in hostilities outside the United States without a declaration of war or specific statutory authorization "shall be removed by the President if the Congress so directs by concurrent resolution."

Mr. President, Congressional measures of this type could cripple not only the President, but through him, the United States at some time of great need for immediate and decisive action. The very fact that one might argue that the President now stands in violation of the law points up the dangerous position in which we have placed our country, our citizens and our President.

Mr. President, Congressional measures of this type have already crippled the power of the Secretary of State in dealing with foreign friends, enemies and potential enemies. These foreign nations now know that the United States cannot go to war in a meaningful way without the approval of the Congress. They also know that the will of the Congress can be bent to a large extent by the attitude of the American press and media, from every evidence so far, these tools have been most effective in slowing down America's ability to maintain its place in the world. With the growing danger caused by mounting isolation feeling in this country, the addition of the War Powers Act can, in my opinion, reduce us rather rapidly to a power of much reduced stature in the world in a position from which we could not effectively negotiate or operate to maintain the interests of America, Americans and our freedom.

Mr. President, I intend to continue discussing the War Powers Resolution and similar laws from time to time in the continuing

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hope that we might get it before the American people for consideration of a proper solution through a Constitutional Amendment.

THE SECRETARY OF STATE
WASHINGTON

April 20, 1976

Dear Barry:

I want to tell you how pleased I was about everything connected with my visit to Phoenix.

I think it is only fair to admit that I was a bit unsure what my reception would be like, but I am now delighted you persuaded me to do it. It was certainly an experience I shall not soon forget. I can only hope it was as stimulating for everyone else as it was for me.

I am most grateful to you for making it all possible.

Henry A. Kissinger

The Honorable Barry Goldwater,
6250 N. Hogahn Drive,
Scottsdale, Arizona

Barry Goldwater
Arizona

Dear Nancy and Henry:

Peggy brought me that beautiful spray
of flowers to the hospital the other
day and I must say it is one of the
prettiest I have ever seen.

It was so thoughtful of you to think
of me as you did, and I don't mind
telling you your flowers have helped
cheer up a gloomy room.

I'm up and walking every day now on
crutches, so I'll be back in the swing
of things pretty soon and am looking
forward to seeing the two of you again.

With warm wishes,

Barry Goldwater

The Honorable and Mrs. Henry Kissinger
3018 Dumbarton Street, NW
Washington, D.C. 20007

June 18, 1976

Barry Goldwater
Arizona

Dear Nancy and Henry:

Thanks again so much for your thought-
fulness in sending me those beautiful
red carnations while I was in the hos-
pital.

You two are most generous and I thank
you from the bottom of my heart.

With warm wishes,

The Honorable and Mrs. Henry Kissinger
Department of State
2201 C Street, NW
Washington, D.C. 20520

June 30, 1976