Chapter XX: Appendix: B

_Letters Regarding the Presidential Letter of May 17, 1954_

_October 9, 1956_

Hon. DWIGHT D. EISENHOWER,
_The President of the United States,
The White House, Washington, D.C._

DEAR MR. PRESIDENT: At your press conference on Thursday, September
27, 1956, you were asked whether your letter of May 17, 1954,
to Secretary of Defense Charles E. Wilson was being misused as
authority to restrict information from the public.

This question was posed by Mr. Clark Mollenhoff of the Des Moines
Register and Tribune.

You stated that if Mr. Mollenhoff would put the question in
writing—which I understand he has done—it will be answered.

This particular letter and its misuse by a number of Federal
departments and agencies has been a great concern to the Special
Subcommittee on Government Information. Although the letter, and
the accompanying memorandum from the Attorney General, granted
authority to one particular agency to refuse information to a
specific committee of Congress in a single instance, 19 departments
and agencies have cited the letter as authority to refuse
information to the public or the Congress.

This occurred in agency answers to the subcommittee’s questionnaire
of November 7, 1955, on information practices and policies as well
as during subcommittee hearings with executive officials.

Enclosed is an intermediate report, adopted unanimously by the
House Government Operations Committee, on the subcommittee’s study
of restrictions on information. The problem of misuse of the May
17, 1954, letter is discussed on page 90 and at other points.

When the answer to Mr. Mollenhoff’s question has been prepared and
transmitted to him, the subcommittee would appreciate receiving
copies of it and any other comments you have on the matter.

Respectfully,
JOHN E. MOSS, _Chairman_
THE WHITE HOUSE,
_Washington, October 17, 1956_.

Hon. JOHN E. MOSS,
_House of Representatives, Washington, D.C._

DEAR MR. MOSS: This will acknowledge your October 9 letter to the
President asking that you be supplied with copies of the answer
to a question submitted by Mr. Clark Mollenhoff of the Des Moines
Register and Tribune.

The answer to this question has not yet been given. However, as
soon as it is, we will get in touch with you.

Sincerely,
GERALD D. MORGAN,
_Special Counsel to the President_

_October 26, 1956_

Mr. CLARK R. MOLLENHOFF,
_Des Moines Register and Tribune,
National Press Building, Washington, D.C._

DEAR CLARK: At the press conference on September 27, 1956,
you asked the President whether “all employees of the Federal
Government, at their own discretion, can determine whether they
will testify or will not testify before congressional committees
when there is no security problem involved.”

In the President’s letter of May 17, 1954, to Secretary Wilson,
the President set forth the general principles that are to govern
all employees in the executive branch concerning their testimony,
or the production of documents, relating to their conversations or
communications with, or their advice to, each other on official
matters. In his press conference of July 6, 1955, the President
further amplified the principles set forth in this letter as
follows:

“If anybody in an official position of this Government does
anything which is an official act, and submits it either in the
form of recommendation or anything else, that is properly a matter
for investigation if Congress so chooses, provided the national
security is not involved.

“But when it comes to the conversations that take place between
any responsible official and his advisers, or exchange of mere
little slips, of this or that, expressing personal opinions on the
most confidential basis, those are not subject to investigation by
anybody. And if they are it will wreck the Government.”

In so writing to Secretary Wilson, and in further amplifying these
principles, the President was exercising a right, which is his, and
his alone, to determine what action is necessary to maintain the
proper separation of powers between the executive and legislative
branches of the Government. In the orderly administration of the
Government, the head of each executive agency directs the manner
in which these principles are enforced.

The underlying reasons for these principles are set forth in the
President’s letter of May 17, 1954. It is essential to efficient
and effective administration that employees of the executive branch
be in a position to be completely candid in advising each other on
official matters. It is essential, if channels of information are
to be kept open, that confidences among employees should not be
breached.

It will continue to be this administration’s policy to keep the
Congress and the people fully informed of what is being done in
the executive branch. An employee is not free merely to exercise
his own discretion but in the final analysis information will be
withheld only when the President or agency heads acting under the
President’s authority or instruction determine it is contrary to
the public interest to disclose it.

All of the above, of course, is subject to the Executive order
dealing with the classification of information in the interest
of security, and to the various statutes and regulations of the
department and agencies relating to information to be held in
confidence.

I hope this answers your inquiry.

Sincerely,
GERALD D. MORGAN,
_Special Counsel to the President_