White House, Charles Leppert, Special Assistant to the President for Congressional Relations, Memo to Jack Marsh, Counselor to the President, "House Select Committee on Intelligence," September 30, 1975.
National Security Archive
A 1975 White House memo details the Ford administration’s frantic scramble to inventory subpoenaed CIA files, assess the fallout from a whistle‑blower book, and challenge congressional subpoenas.
Source: White House, Charles Leppert, Special Assistant to the President for Congressional Relations, Memo to Jack Marsh, Counselor to the President, "House Select Committee on Intelligence," September 30, 1975. Date: Sep 30, 1975 Archive: Gerald R. Ford Presidential Library, Max Friedersdorf Files, Subject Series, Box 10, Folder, "CIA Investigations (2)." Collection: The White House, the CIA and the Pike Committee, 1975 Jun 2, 2017
Editorial Analysis
Original analysis by the DriftSeas editorial desk. The complete primary-source document, transcribed from the National Security Archive scan, appears in full below.
A Memo from the Ford White House to the President’s Counsel
On September 30, 1975 Charles “Charlie” Leppert, then Special Assistant to President Gerald Ford for Congressional Relations, drafted a terse memorandum for Jack Marsh, the President’s Counselor. The note was a direct response to a flurry of requests from Rep. James McClory (D‑NY), the newly appointed chair of the House Select Committee on Intelligence (the “Pike Committee”). The memo records three distinct tasks: (1) compiling an inventory of documents the Committee had subpoenaed on the Middle East, the Tet Offensive, and Cyprus; (2) providing an assessment—sanitized if necessary—of the damage caused by Philip Agee’s exposé CIA Diary; and (3) researching the procedural validity of the Committee’s subpoenas under House rules.
Leppert’s memo is not a policy paper; it is a logistical checklist that reveals the administration’s immediate concern: how to survive a congressional inquiry that threatened to expose the CIA’s covert operations and, potentially, to embarrass the Ford administration’s handling of the post‑Watergate intelligence reforms. The memo’s tone—“I was called to Mr. McClory’s office by Paul Ahern…,” “the purpose of this inventory… is to show that the discussion draft supplied to the Committee would have worked in practicality”—betrays a defensive posture. The White House was being asked to produce a forensic accounting of what it had already handed over, to counter the Committee’s claim that the administration’s “materials… have been defiled, and, therefore, worthless.”
The Pike Committee in Context
The House Select Committee on Intelligence, chaired by Congressman Otis Pike, was the legislative counterpart to the Senate’s Church Committee (1975). Both were born of the scandal‑ridden climate after Watergate and the 1973 Pentagon Papers, when public distrust of the intelligence community surged. Pike’s mandate was broader than the Senate’s: it sought to investigate CIA covert actions worldwide, including secret wars in Southeast Asia, covert support for regimes in the Middle East, and the agency’s involvement in Cyprus. The Committee’s aggressive subpoena strategy—issuing three separate subpoenas on highly sensitive topics—was unprecedented and immediately provoked push‑back from the executive branch.
The memo’s second request—an assessment of the “damage” from Agee’s CIA Diary—highlights how the Committee’s concerns extended beyond document theft to the broader reputation of the intelligence community. Agee, a former CIA officer turned whistle‑blower, had published a damning insider account in 1975 that detailed recruitment practices and operational failures. The memo notes that former CIA Director William Colby had already warned that the book “had a damaging effect upon the intelligence community… and has created problems for the CIA.” Leppert is being asked to produce a sanitized version of that internal assessment, indicating the administration’s willingness to share classified damage‑reports only if they could be scrubbed for public release.
Legal Maneuvering Over Subpoena Validity
The third item in Leppert’s memo concerns the procedural soundness of the Pike Committee’s subpoenas. House Judiciary Committee staffer Frank Polk warned that the subpoenas might be invalid because they were not voted on by the full Committee after members had a chance to amend them—a technicality that, if upheld, could nullify the Committee’s leverage. Leppert records two precedents: a 1960 Judiciary Committee case under Chairman Manny Celler and a 1970s Crime Committee case under Chairman Claude Pepper. By flagging these precedents, the memo signals that the administration was already consulting legal counsel on ways to challenge the Committee’s authority, a strategy that would later culminate in the Supreme Court’s United States v. Nixon‑style stalemate over classified material.
Why the Memo Still Matters
Leppert’s memorandum is a micro‑cosm of the broader power struggle between the legislative and executive branches over intelligence oversight in the mid‑1970s. It shows how the Ford administration, still reeling from Watergate, sought to manage congressional scrutiny through detailed record‑keeping, selective disclosure, and procedural objections. The document also foreshadows the eventual compromise that emerged later in 1975, when the administration agreed to a limited declassification of CIA files in exchange for the Committee’s withdrawal of certain subpoenas.
For historians, the memo offers a rare glimpse into the day‑to‑day calculations of a White House staffer tasked with protecting national‑security secrets while navigating a hostile congressional environment. It underscores the extent to which the intelligence reforms of the 1970s were not merely legislative achievements but the product of intense behind‑the‑scenes bargaining. The legacy of the Pike Committee—and the administrative responses recorded here—continues to shape contemporary debates over congressional oversight, whistle‑blower protections, and the balance between transparency and secrecy in U.S. intelligence operations.
September 30, 1975
MEMORANDUM TO: JACK MARSH FROM: CHARLIE LEPPERT SUBJECT: HOUSE SELECT COMMITTEE ON INTELLIGENCE
At 5:30 p.m. on Tuesday, September 30 I was called to Mr. McClory's office by Paul Ahern. Mr. Ahern advised me of three requests which McClory wanted the Administration to assist him in preparing him for floor debate on the Resolution of Necessity, which the Pike Committee has proposed. The three items are as follows:
- An inventory of the items, documents and materials requested in the three subpoenas issued by the Pike Committee on the Middle East, the Tet Offensive and Cyprus. The inventory should state the number of items or documents requested, the number of items supplied, the number of items deleted or sanitized by the category as stated in the discussion draft, which was supplied to the Committee.
The purpose of this inventory according to McClory, is to show that the discussion draft supplied to the Committee would have worked in practicality. This does not apply to all other Committee requests, only the items requested in the subpoena. Additionally, McClory wants to negate Pike's statement "that the materials supplied by the Administration have been defiled, and, therefore, worthless".
- McClory requests the Administration or the CIA to provide him with an assessment of the damage done by the Philip Agee book, "CIA Diary - Inside the Company" to the intelligence community dens in South Americas and around the world generally including the morale of agents and the ability to recruit informants. McClory states he is informed that Colby has made statements to the effect that the Ages book has had a damaging effect upon
Max L. Friedersdorf Files: Subject series b.10, f. "CIA Investigation (2)" Photocopy from Gerald R. Ford Library
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the intelligence community, and has created problems for the CIA. McClory also states that the CIA made an assessment of the Sam Adams article in Harper's Magazine, and requests that this kind of assessment be provided on the Ages book. If the assessment on the Ages book is classified, McClory requests that it be sanitized and provided to him.
- The validity of the subpoenas issued by the Pike Committee.
Shortly after noon today I was called by Frank Polk of the House Judiciary Committee, in which he advised that the Administration look into the validity of the subpoenas issued by the Pike Committee. Polk states that he understands the subpoenas issued by the Pike Committee were not issued in accordance with the Rules of the House of Representatives. Polk states that the subpoenas issued by the Pike Committee were issued pursuant to a motion passed by the Committee authorizing the Chairman to issue the subpoenas in accordance with the motion. Polk advises that from his experience during events of the previous Administration, that the subpoenas issued on motion are not valid, because the operative document, the subpoenas, must be before the Members of the Committee and voted on by the Members of the Committee after the opportunity has been presented to the Members to amend the subpoena.
This issue on the validity of the subpoenas arose again this afternoon in my meeting with Paul Ahern. Ahern informs me that Jerry Zeifman, former Counsel to the House Judiciary Committee, was to be employed by the Pike Committee as a Consultant, and that as of last Friday, there was a terminal argument between Zeifman and Pike. Zeifman no longer will be employed as a Consultant to the Committee. Ahern states that in telephone discussions with Zeifman, Zeifman informed Ahern of the possibility that the subpoenas issued by the Pike Committee were not valid, because they were not issued in accordance with the Rules of the House of Representatives. McClory has requested the Administration to assist in researching the validity of the subpoenas issued by the Pike Committee to determine if the subpoenas are defective and not issued in accordance with the House Rules. Two precedents cited by Ahern are:
a) A 1960 case involving the House Judiciary Committee under the Chairmanship of Manny Celler of New York, and
Photocopy from Gerald R. Ford Library
[of Co] -3- b) The House Select Committee on Crime under the Chairmanship of Claude Pepper of Florida. cc: MFriedersdorf (dictated by Charlie Leppert but not read/cb) Photocopy from Gerald R. Ford Library [GERALD R. FORD LIBRARY]
WH: Memo Charles Leppert (spec asst to pres, cong relns, Hawaii) - John O. Marsh (counsellor to the pres) Sept 30, 1975 re state of play on declassification dispute w/ Pike Committee
Source: Ford
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