Q Would you
state your position and title, sir?
A I am the
security officer of the Rand Corporation.
Q And how
long have you been an employee of the Rand Corporation, sir?
A I have been
employed by the Rand Corporation since it was formed in November
Q During that
period of time to the present -from '48 to the present, have you become
with the rules and regulations with regard to handling of classified
A I have.
Q Would you
briefly describe for us, please, the duties that you have as security
and how long you have held that particular position at Rand?
A I have been
security officer of the Rand Corporation since July of 1953.
are to take the regulations furnished us concerning security,
which is in a
book called the Department of Defense Industrial Security Manual
classified information and work those into the procedures where we can
the regulations given to us by the Department of Defense.
Q Would you tell us briefly, please, what the nature of the Rand
A The Rand
Corporation is a private, non-profit independent corporation,
under the laws of California, whose mission is to do analytical
problems of domestic concern and national security.
Q Who are the
customers of Rand Corporation, sir?
A The United
States Government, municipalities, state governments and those
Q We have got
a little fuzz on the projection there. Would you read the paragraph
Statement." Would you read it aloud for us, please.
A This is the
one that says:
"I hereby certify that I have
received a security briefing. I shall not knowingly and willfully
deliver or transmit, in any manner, classified information to an
person or agency. I am informed that such improper disclosure may be
under Federal Criminal Statutes. I have been instructed in the
classified information, and in the procedures governing its
safeguarding. I am
informed that willful violation or disregard of security
regulations may cause
the loss of my security clearance. I have read, or have had read to me,
portions of the Espionage Laws and other Federal criminal statutes
the safeguarding of classified information, reproduced in Appendix
Department of Defense Industrial Security Manual. I will report to the
Bureau of Investigation and to my employer, without delay, any incident
believe to constitute an attempt to solicit classified information by
Q And would
you tell us who are the persons' signatures who appear at the bottom?
A The signature
of the employee, signing for this Initial Security Briefing, is Daniel
Ellsberg, Daniel E.-Daniel Ellsberg. ., .
Q Because of
the poor quality on some of that reproduction, sir, would you read to
lead-in paragraph and the first two paragraphs that appear in that
"I, Daniel Ellsberg, in
consideration of my employment by, or professional services
the Rand Corporation, make the following statement with the
intent that my statement will be used by Rand in carrying out its
protect the security of Restricted Data and other classified defense
information and to safeguard privileged Information," which is
and defined below.
The first one:
"1. I understand that it is the
policy of the government of the United States to control the
Restricted Data and other classified defense information in such a
manner as to
assure the common defense and security. . . .
"2. I will not reveal to any
person any Restricted Data, or classified defense information, of which
knowledge as a result of my employment, except in accordance with
instructions or rules of the Atomic Energy Commission, or the
Defense, or except as may be authorized thereafter by officials
empowered to grant
such authority. I understand that it is my responsibility to determine
a prospective recipient of classified information is an authorized
and that in making a disclosure of classified information to an
person to advise him of a classification of the information
"4. I understand, (a) that the
safeguarding of classified information is a continuing individual
(b) that the Espionage Act, Title 18 U.S.C., Sections 792,
798, prescribe penalties for disclosure to unauthorized persons of
respecting the national defense, and for loss, destruction, or
such information through gross negligence, and (c) that the
provisions of the
Atomic Energy Act of 1954 prescribes penalties for the disclosure of
Data to unauthorized persons. I further understand that willful or
in revealing or disclosing to any unauthorized person or in
Restricted Data or classified defense information in violation of
Defense regulations and contractual obligations, and that such
disclosure of privileged information will constitute cause for
my employment by Rand."
Excuse me. Before you turn from that document, ladies and gentlemen of
jury, the introduction of this exhibit and exhibits similar to it
go to the
issue of knowledge, which I will explain to you at greater detail.
You are not
to infer, because it would be improper and incorrect for you to infer,
statements of law, as to what is or is not a crime or what is or is not
federal criminal offense, these documents are not admitted for the
those matters. . . .
Q Did Linda
Sinay ever work for Rand or have a security clearance there?
A She never
worked for the Rand Corporation nor had a security clearance at
to the termination of Mr. Russo's consultantship with Rand, did he ever
duties at Rand Corporation requiring any access to classified material?
A He did not.
What is the date of that termination?
8-29-69, sir. . . .
have requested and been granted custody of the following OSD Task
Q And OSD
A Office of
the Secretary of Defense.
documents are those five listed below, sir?
A That is
Q And if you
could raise that up again, I think it is plain, but would you read the
sentence above the signature, sir.
certify that I will retain the above documents in my custody until
storage and that I will not reproduce or alter any part or parts
Q Do you recognize
the signature of the person that appears on that document?
A I do.
Q And it is
the signature of whom?
A That is the
signature of Daniel Ellsberg.
Q And would
you give us the date as you can read it from your original document.
A 3 March
1969. . . .
by Leonard Boudin:
Q. When Chief
Fox delivered Exhibits 1 through 18 to Mr. Archer, they were not
the Top Secret Register, were they?
A Not to my
Q That was
not consistent with Rand's Security Manual, was it?
A That was
Q Right. When
they reached Mr. Archer in those boxes, they were not given a control
A Not to my
Q That is not
consistent with the manual?
Q When they
reached Mr. Archer they were not given a cover sheet, were they?
A Not to my
Q That is not
consistent with the manual, is it?
Again, on these occasions you are referring to the Rand manual?
Yes, your Honor. Thank you. . . .
They were given proper storage. They were not, to my knowledge,
entered on a
Top Secret incoming control log, nor had a cover sheet attached.
Q So that the
only way in which they were handled in accordance with Rand Manual was
they were given proper storage, is that correct?
A To the best
of my knowledge. . . .
BY MR. YOUNG:
documents, classified documents are received at Rand under the
Manual, the standard practice of Rand under the Rand Security Manual is
such records; is it not?
Q Now, when
Volumes 1 through 18, Government's Exhibits 1 through 18, were
Rand Washington in January, '69, what contract with the Department
if any, were they assigned to?
A Was there a
time period on that?
'69, when they were received at Rand.
A None to my