MINUTES FRIDAY, JANUARY 23, 1976 UNITED STATES SENATE, COMMITTEE ON FOREIGN RELATIONS, Washington, D.C. The committee met in executive session at 11 a.m. in the committee room. Present: Chairman Wiley, Senators Smith of New Jersey, Hickenlooper, Tobey, Taft, Langer, Knowland, George, Green, Sparkman, Gillette and Mansfield. The committee considered the nomination of Carl W. McCardle of Pennsylvania, to be Assistant Secretary of State. Mr. McCardle testified. The committee also had before it the nominations of Thruston B. Morton of Kentucky, to be an Assistant Secretary of State, and Herman Phleger of California, to be Legal Advisor to the Department of State. These nominations were not reached, although both Mr. Morton and Mr. Phleger were available for examination. At the conclusion of the hearing on Mr. McCardle, it was decided to request the Department of State for whatever information it has by way of investigative reports on the three nominees. Senator Knowland asked that the State Department be contacted, as well as the FBI, to find out how long a time is required to obtain the reports desired. It was decided that if the information on Mr. McCardle and the other two nominees is forthcoming before tomorrow, a meeting will be held then to consider further the nominations. The committee held that the rule requiring an FBI report or check on nominees is to be suspended in the cases of Governor Stassen and Senator Lodge, whose nominations were ordered reported from committee on January 22. Chairman Wiley during the meeting directed that at the next meeting of the committee, the question of a quorum be determined. For record of proceedings, see official transcript. The committee recessed at 12 o'clock noon. MINUTES MONDAY, JANUARY 26, 1953 UNITED STATES SENATE, COMMITTEE ON FOREIGN RELATIONS, Washington, D.C. The committee met in executive session at 10:30 a.m. in the committee room. Present: Chairman Wiley, Senators Hickenlooper, Taft, Ferguson, Knowland, Green, Sparkman and Mansfield. The nomination of Thruston B. Morton of Kentucky, to be Assistant Secretary of State was considered. Mr. Morton was present and replied to questions of members of the committee. The nomination of Herman Phleger of California, to be Legal Adviser to the Secretary of State, was considered next. Mr. Phleger was present and replied to questions of members of the committee. Mr. Morton's nomination and that of Carl W. McCardle to be Assistant Secretary of State (previously considered by the committee) were ordered reported favorably to the Senate. Senator Hickenlooper moved that the committee rule providing for an FBI investigation of these two nominees be suspended. The chairman requested that a letter from the Department of State giving information on Mr. Phleger by way of clearance be obtained as soon as possible. If the letter arrives today, his nomination can be reported. The matter of a quorum was next discussed. It was agreed that eight members of the committee must be present to report a proposal to the Senate and that a working quorum could consist of six. In connection with proxies, it was agreed that oral or written proxies could be used, provided a majority is physically present to constitute the necessary quorum. Proxies must relate to a specific matter or issue and must not be of a general nature. For record of proceedings, see official transcript. (33) COMMITTEE PROCEDURE ON NOMINATIONS [Editor's note: At its organizational meeting on January 14, the Committee decided to require an F.B.I. field investigation of all nominees to the posts of Ambassador, Assistant Secretary of State, and Under Secretary before taking up the nomination. The large number of new appointees incident upon a change of administration posed immediate difficulties in application of the rule, however, and provoked the discussion printed below.] WEDNESDAY, JANUARY 28, 1953 UNITED STATES SENATE, COMMITTEE ON FOREIGN RELATIONS, Washington, D.C. The committee met, pursuant to call, at 10:45 a.m., in the Foreign Relations Committee Room, U.S. Capitol, Senator Alexander Wiley (chairman) presiding. Present: Senators Wiley (chairman), Hickenlooper, Tobey, Ferguson, George, Green, Sparkman, Gillette. and Mansfield. Also present: Dr. Wilcox, Dr. Kalijarvi, Mr. Marcy, Mr. Holt, Mr. O'Day, and Mr. Cahn, of the committee staff. The CHAIRMAN. The committee will come to order. TRANSCRIPT FOR AMBASSADOR LODGE The Chair will want the authority of the committee to send our former member, Henry Cabot Lodge, a transcript of what took place here in relation to his nomination. Is there any objection? [No objection was expressed.] The CHAIRMAN. If not, it will stand approved. Senator GREEN. It is made public, then, is it not? Senator GEORGE. I would not think so, it is only for his own guid ance. The CHAIRMAN. All right, it will stand approved. RESOLUTION ON THE DEATH OF CHARLES A. EATON I have here a resolution in relation to the death of Charles A. Eaton: Resolved, That the Committee on Foreign Relations of the United States Senate unites with the many colleagues and friends who mourn the passing of Congressman Charles Aubrey Eaton, former member of the House of Representatives from the State of New Jersey. Resolved, That the Committee on Foreign Relations pays tribute to this great citizen of the republic, whose life was a splendid example of integrity and high moral principles, and who, for twenty-eight consecutive years at a perilous time in our history, served his country with honor and distinction. Resolved, That the Committee on Foreign Relations, in appreciation of the outstanding contribution made by Congressman Eaton as a foremost architect of American bipartisan foreign policy, and as an eminent chairman of the Committee on Foreign Affairs, transmits this resolution to the Committee on foreign Affairs of the House of Representatives and to the family of Congressman Eaton as a token of its respect and affection. Senator MANSFIELD. I move the adoption. Senator FERGUSON. Second. Senator SPARKMAN. Second. The CHAIRMAN. It has been moved and seconded that the resolution be adopted, and without objection, it is so adopted. DIFFICULTIES WITH THE NEW NOMINATION PROCEDURES The CHAIRMAN. Now, gentlemen, we come to the main purpose of this meeting. We find, as many folks find who outline a course that many times looks plain, and the mechanism looks wonderful and all at once, we find that the course is not so unrugged, and the mechanism does not work-in other words, we will have some 150 nominations up here. We laid down a pattern which we thought was a good pattern, and is a good pattern, if it would work, and that was that there should be first a check, and if that seemed to be all right, then after that there should be the full field investigation. Now, we are informed that, in the first place, the field investigation will not come to the chairman of this committee. Secondly, we are informed that to evaluate 150 field investiga tions would require exceptional brains for that particular operation, and therefore it does not look as if we can get anywhere with it. What we are called together for today is to try to get some workable basis that will facilitate the handling of these nominations. I asked the staff of this committee to get together with some folks from the State Department, and they have come up with what seems to be a feasible plan or method or way to handle this situation, and I will ask Mr. Wilcox to outline the conclusions they came to. They went over with me their conclusions, and it seemed to me that we must, if we are going to facilitate the matters that come before us, do something on this subject, and that is the principal purpose of this meeting. Go ahead, Mr. Wilcox. SIMPLE NAME CHECKS NOT POSSIBLE Dr. WILCOX. Mr. Chairman, we met yesterday, as you said, with members of the State Department staff, to go over the entire problem and to see if some workable solution could not be found for the difficulty that confronts the committee and the administration with respect to the nomination problem. We found, as Senator Wiley has indicated, that it would not be possible to get simple name checks upon these individuals because anyone who has served for any length of time in a public position, or who has been prominent in public affairs will have a file in the |