TRANSCRIPT Trading Liberty for Security? How does an open society reconcile the inevitable clash that occurs when our notions of freedom come into conflict with a government’s desire for secrecy? October 2, 2003 Boise State University, Student Union, Jordan Ballroom Presented by: Frank Church Institute October 2, 2003 Boise State University Boise, Idaho Presented by: The Andrus Center for Public Policy The Frank Church Institute The Idaho Statesman ©2003 The Andrus Center for Public Policy This document is available in .pdf format at www.andruscenter.org. Conference Schedule 8:30 AM Welcome: Cecil D. Andrus, Chairman, The Andrus Center Bethine Church, Chair, The Frank Church Institute Leslie Hurst, President and Publisher, The Idaho Statesman 9:00 AM Opening Address: Slade Gorton, former United States Senator (R-Washington), a member of the Senate Select Committee on Intelligence, now a member of the the 9/11 Commission. 9:40 AM Question & Answer Forum with Senator Gorton 10:00 AM Break 10:15 AM Intelligence, National Security, & Secrecy A panel discussion exploring the history and outcomes of intelligence investigations in the 1970’s and what those efforts tell us about issues the nation faces in 2003. Moderated by Patrick Shea. Leroy Ashby, PhD., Frank Church biographer, professor at Washington State University Mark Gitenstein, Intelligence Committee staffmember, now practicing law in Washington, D.C. Loch Johnson, PhD., Intelligence Committee staffmember, now Regents Professor of Political Science at the University of Georgia George Lardner Jr., Reporter, The Washington Post 11:00 AM Question & Answer Forum with panel. 11:45 AM Luncheon, Jordan Ballroom, Student Union. Introduction: Bethine Church Address: Walter F. Mondale, Former Vice President, U.S. Senator, Ambassador to Japan, and member of the Senate Select Committee on Intelligence 12:45 PM Question & Answer Forum with Vice President Mondale Moderated by Governor Cecil D. Andrus. 1:45 PM Freedom and Secrecy: The Clash of Values Consideration of a series of hypothetical situations pertaining to current issues. Moderated by Marc Johnson, President of the Andrus Center. David Broder, Columnist, The Washington Post Jim Brosnahan, Noted First Amendment Attorney John Deutch, PhD., Former Director of the Central Intelligence Agency Kevin Duffy, Judge, U.S. District Court, 3rd District, New York Slade Gorton, Former U.S. Senator, Member of the 9/11 Commission Andrew Malcolm, Columnist, The Los Angeles Times Thomas E. Moss, U.S. Attorney for Idaho Pierce Murphy, Boise Community Ombudsman Patrick Shea, Former senior staffmember, Committee on Foreign Relations, U.S. Senate Stephen S. Trott, Judge, U.S. Court of Appeals, 9th Circuit Carolyn Washburn, Executive Editor,The Idaho Statesman 3:30 PM General discussion and audience questions with conference speakers and panelists. 4:00 PM Concluding Remarks: Dr. Forrest Church, Senior Minister, All Souls Unitarian Church in Manhattan 4:15 PM Conference Recess 7:00 PM Closing Address: David Broder, nationally-syndicated, Pulitzer Prize-winning columnist for the Washington Post. Jordan Ballroom, Boise State University, Student Union. Reserved seating for conferees. 7:40 PM Question & Answer Forum with David Broder Moderated by Governor Cecil D. Andrus. 8:00 PM Closing Remarks: Cecil D. Andrus, Former Governor of Idaho and Secretary of the U.S. Department of the Interior 8:15 PM Adjournment FREEDOM & SECRECY: Trading Liberty for Security October 2, 2003 Boise, Idaho TABLE OF CONTENTS Opening Address: Senator Slade Gorton 1 Morning Panel: Intelligence, National Security & Secrecy 11 LeRoy Ashby, Ph.D. 11 Mark Gitenstein 13 Loch Johnson,Ph.D. 14 George Lardner, Jr. 15 Luncheon Address: Vice President Walter Mondale 25 Afternoon Panel: Freedom & Secrecy: The Clash of Values 31 Concluding Remarks: Reverend Forrest Church, Ph.D. 54 Evening Address: David Broder 55 Closing Remarks: Governor Cecil D. Andrus 62 Confernce Participant Biographies 64 1 FREEDOM & SECRECY: Trading Liberty for Security? October 2, 2003 Boise State University Student Union Presented by: The Andrus Center for Public Policy The Frank Church Institute The Idaho Statesman CECIL D. ANDRUS: Welcome to this con- mike for you. Then if you don’t play by the rules, he’s ference on freedom and secrecy, which is jointly gone. If anyone doesn’t understand that, please raise sponsored by the Andrus Center for Public Policy, the your hand. Frank Church Institute, and the Idaho Statesman. We Not everyone in this audience is going to agree have a very full schedule today. We will have the panel with what will be said. After all, this is America; we’re discussions, and the Vice President will speak to us at built on the differences of opinion we might have. But noon. Then tonight, we will end with an address by I’m asking you to be respectful of folks who have come one of Washington’s best and most respected report- a great distance at cost of time and money to partic- ers, one of the deans of journalism in America, David ipate in this. Please give them the courtesy of your Broder. Mr. Vice President, I know you’re leaving right attention and respect that they deserve. after your speech, so I’ll protect you tonight if he says I mentioned before our other two major spon- anything that needs response. sors. Bethine Church, widow of the late great Senator Let me acknowledge a variety of sponsors. You see Frank Church, is chair of the Frank Church Institute. them on the screen over here; they are also on the back She is here this morning, and I ask her to make any of the program. Those people help us financially, and comment she would care to. Bethine Church. they give of their dollars and their time. When you see any of them, I ask you to thank them for their help. BETHINE CHURCH: One thing I’ve learned as The Andrus Center is a non-profit, as you know, so we life has gone by is that if you can get a helping hand, rely on the volunteers and the contributions. get it. I’m just so pleased and want to welcome all of Some people have asked: Why a conference on you who have been staunch supporters of the Frank freedom and secrecy? Take a look at this morning’s Church Chair over the years. It is now being called newspaper. Many of the issues and concerns we will the Frank Church Institute because we are covering a discuss today are literally right there in the headlines lot more territory, and I think that joining with Cece of your newspaper every day. The Andrus Center has Andrus would make Frank really happy. He liked always taken pride in contributing to the public dis- working with him over the years. cussion about important current issues, and we think I see so many people that I dearly love, and I have this discussion today carries on that tradition. We to tell you that Frank thought this was an important have some truly outstanding participants with us thing to do. Long ago, just after he was out of the today, genuine experts on all the issues we are going Senate, he said that people should have a chance to talk to discuss. about the issues of the day, that it is not unpatriotic to You’ll have time for questions at various points question what your government is doing. You are the during the day, but I respectfully ask that you be cour- government. About the committee that he and the Vice teous to people’s time and understand that a ques- President — then Senator — were on, he said, tion is not a speech. Dr. Freemuth, who is the Senior Fellow at the Andrus Center, is an academician and is “The critical question before the committee experienced in the private as well as the public sector. is to determine how the fundamental liberties He is very knowledgeable in his own right. He knows of the people can be maintained in the course of aspiring politicians by sight, and he is not going to the government’s efforts to protect their security. hand the mike to you folks. He is going to hold the The delicate balance of these basic goals of our 1 government is often difficult to strike, but it can just for our country but right here at home. Consider: and must be achieved.” If you get comfortable with secrecy at home, does it make you more comfortable with secrecy in I know Frank would be delighted to have the Washington? The bottom line is, as you listen to these Statesman, the Andrus Center, and all of you here. global discussions today, what can you do or should Thank you. you do in our corner of the world? This is an impor- tant discussion for our community and our nation, ANDRUS: Now, ladies and gentlemen, it is my and I’m pleased that the Idaho Statesman is part of it. pleasure to introduce to you the president and pub- Thank you taking the time to participate. lisher of the Idaho Statesman, Leslie Hurst, who came to us just recently this year to head up the Statesman. ANDRUS: Thank you very much, Leslie, and She came out of Huntington, West Virginia, where thank you for your participation in this and other she held the same office in theHerald Dispatch. Leslie, conferences. welcome. As we considered how to begin a conference, we knew we wanted an individual who could speak LESLIE HURST: Good morning, ladies and gen- thoughtfully to the issues of a troubled and dangerous tlemen. The Idaho Statesman is honored to partner world. We needed someone who possessed the experi- with the Andrus Center for the fourth year to spon- ence, the perspective, and the knowledge of these dif- sor a major conference on public policy issues.