Mc Sfr4it gan BaitI Eighty-Five Years of Editorial Freedom Edited and managed by students at the University of Michigan Filed away for future reference Tuesday, September 16, 1975 News Phone: 764-0552 420 Maynard St., Ann Arbor, Mi. 48104 Accepting the challenge THE MYTH OF post-Watergate morality continues to disinte- grate with the disclosure of the Ford administration's effort to handcuff the House Intelligence Committee by reneging on its agreement to furnish them intelligence information on the 1973 Mideast War. Democratic principlies cannot sur- vive, much less thrive, in a govern- mental system that leaves control of sensitive information solely to the discretion of the executive branch. When any of the information ne- cessary for well-reasoned evaluation of a leader's performance is hidden from that leader's constituency, the democratic process has been sub- verted and the term democracy is left to endure on inertia alone. Since the end of the Second World War and the beginning high-risk Cold War politics, increasing qutnti- ties of supposedly privileged infor- mation have been withheld from the American public. Given the present context and stakes of international diplomacy, the philosophy of infor- mation control can be understood if not condoned. LIKE ANY political creature the president will assert only as much power as he can get away with. It's clear that the elitist no- tion that the masses should be left in the dark because they don't know what's good for them has taken hold, if only mecause the people are too awed by the aura of high office to re- ject it. We have as a people copped out. The electorate had its best chance to make a difference three years ago, but it blew it. There of are those - most of whom have been legally declared legally confused - who believe there is a last line of defense between strained democracy and outright autocracy: Congress. With last week's move, Ford spotlighted the challenge. THE INTELLIGENCE Committee must not hesitate to meet it and exercise the oversight function re- quired of it by the constitution. To meekly defer is to betray its contuti- ency and invite further abuse of power by the executive. By GARY THOMAS IT IS NOT a government of the people, but a govern- ment of the paper; reams and reams of it, floating through the hallowed halls of the bu- reaucracy, only to eventually find its way to the Great In- cinerator. But some of it does not get destroyed. It is a virture, as well as a fault, of the bureau- cracy that it keeps so much paper around. For with two new laws now in effect, one can obtain information from the government, including one's very own personal file. Under the provisions of the Freedom of Information Act and the Pri- vacy Act, the government must turn over to an individual any information it has gathered and stored on him or her, and there are stiff criminal as well as civil penalties for nincompli- ance. The idea that the government maintains a file on YOU has become firmly imbedded in our post - Watergate consciousness, with the American dream be- coming an American nightmare permanently recorded in some faceless computer. I KNEW I was in that com- puter somewhere. I had served in Army Intelligence for three years. I held a Top Secret se- curity clearance and a rather sensitive job. In addition, my disenchantment with our adven- ture in Vietnam led me into antiwar work upon my release from Uncle Sam's not-so-tender arms. It was reasonable to as- sume that all this information was kept somewhere, and I be- gan my quest to get it. I wrote out a form letter ask- ing for my file under the pro- visions of the Freedom of In- formation Act, and gave my full name, date of birth, and so- cial security number in order to facilitate the search. I passed quarters across the street from the old Justice Department building. Known as the "J. Ed- gar Hoover Building", this col- lossal monument to architectur- al bad taste covers an entire city block and reflects the per- sonality of Hoover: it is an im- pregnable fortress, built to withstand the sieges of the most determined unwashed Communist - Pinko - New Left revolutionary. This latter-day castle even has a moat; a large chasm between the sidewalk and the building entrance. There is no water in it, but it is a moat nonetheless. The stu- pidity of the architect is sur- passed only by that of the building's occupants. M E A N WH I L E, a large package arrived from USAIN- TA, sent by certified mail "in order to protect your privacy." Rather amusing, considering the whole file was an invasion of my privacy in the first place.- Inside was mishmash of the most asinine hearsay, unsub- stantiated rumors, and plain bullshit I have ever seen. There were also some rather unnerv- ing bits of information which would justify a lot of paranoia. The first documents were all related to my background in- vestigation for a security clear- ance. There were police re- cords checks of everywhere I had lived, and interviews with teachers and acquaintances about my "loyalty, mental sta- bility and maturity, honesty and integrity, character and repu- tation, and activity in extrem- 1st movements." The end re- sit of the investigation was that I obtained the intelligence job and the security clearance. (Some agencies are tougher in this area than others. CIA's is probably the toughest, with prospective employees under- *going a lie detector test. They Obscenity: True and false OAKLAND COUNTY Prosecutor Brooks Patterson apparently does not like "dirty" movies - that's why he is carrying out a vendetta against a Ferndale theatre showing Naked Came the Stranger. In busting the theatre's manage- ment four times in the past two weeks, Patterson has deliberately twisted some of the law and conven- iently ignored the rest of it. While few people would argue that Stranger is much of a movie - the book on which it is based was orig- inally written as a joke - the own- ers of the Studio North Theater have a right to book the flick, and the public has a right to shell out money to watch it. No matter what Brooks Patterson thinks. Patterson's Ahabesque crusade against the movie and the theater showing it seems to violate rights of free speech and free press as safe- guarded in the Bill of Rights. Thankfully, a U.S. District Court judge agrees and has signed a re- straining order prohibiting the Oak- land County Prosecutor's office from seizing the film or arresting the man- agers until a hearing on the matter can be held. TODAY'S STAFF: News: Jay Levin, Pauline Lubens, Jo Marcotty, Cheryl Pilate, Cathy Reutter, Stephen Selbst, Jim Tobin, Bill Turque THEN PATTERSON first attacked the movie, he found an Oakland County judge who ruled The Strang- er obscene. Then he carried out his sorties. Subsequently a higher court over- ruled the county judge. But Patter- son was not to be stopped. Last Friday, he went to seven judges before he found one who would authorize him to enter the theater and again confiscate the movie and the projection equipment. Patterson also swooped out of the night on Saturday, grabbing another print and more equipment. The Studio North owners have vowed to stay open, a move undoubt- edly motivated by economics rather than concern' over violation of their rights-but a move that must be ap- plauded in any case. Hopefully, the hearing in federal court will reaffirm those rights. Banning Naked Came the Stranger would be pure and simply censorship which has no place in a free, open society. THAT BROOKS PATTERSON, a man officially charged with up- holding the law, should himself be subverting the law is the only truly obscene aspect of this whole thing. Photography Staff KEN FINK STEVE KAGAN chief Photographer Picture Editor PAULINE LUBENS ..........Staff Photographer KAREN KASMAUSKI........:Staff Photographer E. SUSANASHEINER.........Staff Photographer STUART HOLLANDER ......taff Photographer Former UPI reporter Gary Thomas, now an LSA sophomore, spent the summer as an in- vestigative journalist probing government in- telligence activities. during a widely publicized drug suppression drive in MR 4 (Military Region 4). He fur- nished marijuana to an individ- ual who was attempting to break a hard drug habit. He should not be trusted with clas- sified defense information at any time." THEN THERE IS NOTHING until 1973, two years after I left the army. At this time I wvas working in the Washington bu- reau of United Press Interna- tional. It is an intriguing mem- orandum, especially as it is the last document in the file. Dated April 12, 1973, the memo is to the Security Offic- er of the Army Reserve Rein- forcement Control Group from the "Military and Civilian Loy- alty Division, US Army Person- nel Security Group." Paragraph 2 of the memo: "Your attention is invited to the information concerning sub- ject's association with the Viet- nam Veterans Against the War, Philadelphia Resistance, and National Peace Action Coali- tion, organizations which fall within the purview of A(rmy) R(egulation) 604-10, Recom- mend Limited Investigation be initiated through the Special Investigations Branch, US Ar- my Intelligence Command, to determine the extent of sub- ject's association with these or- ganizations and whether he is sympathetic to their aims." THE INFORMATION CON- CERNING my association is not to be found in my file copy, however. This is the FBI in- formation that was deleted be- fore they sent me the file. The most interesting thing, however, is that there is no record of the reply to the recommenda- tion for an investigation, nor any record of the investigation itself, if indeed it was conduct- ed. The army says they have no record of such an investiga- tion and they have given me every document they have on me. Well, there's one consola- tion: my FBI file will be com- ing next month. I justtcan't wait to see what's in that. Editorial Page: Gordon Atcheson,I Haskins, Debra Hurwitz, TomI ter, Linda Kloote, Doc Kralik, Lambert, Tom Stevens Paul Ket- Ted Arts Page: Chris Kochmanski Photo Technician: E. Susan Sheiner it to a friend of mine who worked for the Pentagon's large spy and detective force, the De- fense Investigative Service. DIS has a number of record- keeping systems, but the larg- est is the Defense Central In- dex of Investigations (DCII). This super - computer, located at Fort Holabird in Baltimore, is like a large card file. It re- ferences all files on peopletheld by the military. If you have a file at the Army, Navy, Air Force or Marines, DCII will tell you who has it and where it is. SURE ENOUGH, a check of my name turned up the fact that the Army did indeed have a file on me. It was held by the Army's chief spy outfit, the U.S. Army Intelligence Agency, known by the unbelievable ac- ronym of USAINTA. The help- ful folks at DIS said they would pass my request on to USAI- NTA. A week late, I received a letter from the "Freedom of Information Section, U.S. Army Intelligence Agency." The let- ter said that they did indeed have my file and ,as provided for in the FOI Act, they would gladly furnish me a reproduced copy at five cents a page. So I forwarded a check, made out to the Treasurer of the United States, for $7.50. But there was a hitch, as the letter showed: "You are further advised that while processing your request investigative records which or- iginated with the Federal Bu- reau of Investigation were dis- closed- This office has no au- thority to release these records and referral action is being "But . my security clearance was revoked, my intelligence job taken away, and I was sent to Saigon to paint fences for my last hun- dred days in the Army. I was considered thor- oughly despicable." taken." It was then suggested I write the FBI. THE FBI'S REPLY was even more interesting. It stated that the bureau had "numerous ref- erences to Gary Paul Thomas which are identifiable with you. In addition, there are other ref- erences to Gary Thomas which mqv ornmay not he identifiable have to periodically go "on the box" even after they are taken onby the agency. My investi- gation was probably as exten- sive, but I never at any time had to take a polygraph test.) THEN A 1970 DOCUMENT that shocked me: a friend of mine had told the army about my "anti-military and anti- Vietnamsentiments" and stat- ed that I had showed him a bag "which source believed to contain marijuana." Before this time. I had no idea this fellow had provided the army with "derogatory information." Marijuana is a subject that makes the military shudder with fear. The prevailing feel- ing is that this dreaded killer weed lowers morale, destroys the will to fight, and generous- ly makes an individual anti-so- cial enough to not want to kill. This is actually the feeling among many senior army offic- ers, and is used as a ration- ale to explain the collapse of the military in Vietnam. The idea that many GIs were ada- mantly opposed to our involve- ment there in the first place is a concept alien to our military elite. Actually, marijuana was the best morale builder one had in Vietnam; without it, you would go crazy trying to stay sane. THE MILITARY ESPECIAL- LY frowns upon marijuana use by those who hold sensitive jobs, such as intelligence. I was not surprised to get busted for marijuana in those last days in Vietnam. The file was illuminat- ing on just how it came about. Evidently my so - called friend's information found its way to the powers that be in the intelligence hierarchy, and a policy decision was made to bust me. So they promised a young heroin user named Crist- man immunity from prosecution if he would tell who was using drugs. He gave a mammoth three-page statement on every one of us who ever lit up a joint -and my name was at the top of the list. He even gave the names of those he heard had smoked dope. It was the old story of someone finking to save his own neck. So I was busted, but only re- ceived administrative punish- ment. But my security clear- ance was revoked, my intelli- gence job taken away, and I was sent to Saigon to paint fences for my last hundred days in the Army. I was considered thoroughly despicable. A letter from my commanding officer in Can Tho to the headquarters commander in Saigon states: WANT TO WRITE for your file? It's a simple matter; all you have to do is write to the appropriate government agency (FBI, CIA, etc.) that you think has your file, using the following form letter. Your address Your phone number date Mr. Clarence Kelley, Director Federal Bureau of Investigation 10th and Pen~nsylvania Ave. N.W. Washington, D.C. 20535 Dear Sir: This is a request under the Freedom of In- formation Act as amended (5 U.S.C. 552). I write to r equest a copy of all files in the Federal Bureau of Investigation indexed or maintained under my name and all documents returnable by a search for documents con- taining my name. To assist you in your search, I have indicated my social security number and date and place of birth below my signature. AS YOU KNOW, the amended Act provides that if some parts of a file are exempt from release that "reasonably segregable" portions be provided. I therefore request that, if you determine that some portions of the requested information are exempt, you provide me immediately with a copy of the remainder of the file. 1, of course, reserve my right to ap- peal any such decisions, If vou determine that some or all of the re- quested information is exempt from release, I would appreciate your advising me as to which exemption(s) you believe cover the information you are not releasing. I am prepared to pay costs specified in your regulations for locating the requested files and reproducing them. As you know ,the amended Act permits you to reduce or waive the fees if that "is in the Sincerely yours, Name Social Security Date of Birth Place of Birth IAlf AQt tif .f Contact your reps- Sen. Phillip Hart (Dem), Rm 253, Old Senate Bldg., Capitol lill, Washington, D.C. 20515. Sen. Robert Griffin (Rep), Rm 353, Old Senate Bldg., Capitol Hill, Washington, D.C. 20515. Rep. Marvin Esch (Rep), Rm. 412, Cannon Bldg., Capitol Hill, Washington, D.C. 20515. Sen. Gilbert Bursley (Rep), Senate, State Capitol Bldg., Lansing, Mi. 48933. Rep. Perry Bullard (Dem), House of Representatives, State Capitol Bldg., Lansing, Mi. 48933. For your information By GARY THOMAS pect to receive a reply within ten working days. Number ON THE OUTSIDE of the envelope, write "Attention: Freedom of Information Act Unit." This will route your request to the ap- propriate department more quickly. The letter is only a format, of course, and there are a couple of things you should know before you write. First of all, the agency can legally charge you for search and reproduction fees. Unless you can specifically show that the requested information will benefit the public at large, such as using the information to write for public consumption as a journalist, you will be charged fees. The reproduction costs vary from agency to agency; the FBI charges 10 cents a page, while the Defense Department b-ra ain basement only charges five cents nor rnge. Second. most agencies will give you a reply within 10 days to request an extension of time. The FBI, CIA, and other agencies are so swamned with requests that they need the extra time to get to your letter. This is nor- mal, and there's nothing you can do about it, so sit back, fantasize conspiratorial visions, and wait. They'll get to you sooner or later. THIRD, YOUR RIGHT of appeal can go all the way to court. The threat of legal action itself is sometimes enough to jar the informa- tion loose. If you are denied your request, either in part or entirety, appeal to the next higher level of authority. For instance, -you can appeal to the attorney general if the FBI denies your request. Should that not work, then get legal help - the ACLU has handled FBI cases before - and prepare to go to court- Finally, don't give up. Persistence is usual- ly the key in FOI actions. Pester the hell out of whomever your requesting the information from. You'll get the information you seek. If you need further help, write the Center for National Security Studies, 122 Maryland