First, as to security: Most of us have dealt with highly classified items for a long time, and have shown a determination to protect our national security. We are not, however, going to accept the argument of national security as a reason for holding closed sessions when the subject matter is clearly known to our adversaries and when the apparent reason for the request is not to protect national security, but to protect individuals or groups from embarrassment.

Another ground on which closed sessions may be requested is when the testimony involves the abuses and tortures suffered by the crew while imprisoned. Here, we are sympathetic. We know the treatment of our men was depraved and bestial beyond the comprehension of most Americans.

As far as the treatment of prisoners is concerned, civilization has not reached some areas of the globe. What the men have undergone they have undergone, and to the extent that they do not wish it revealed we shall honor that request.

There remains one sticky area, which I have already discussed with Admiral Moorer and the Secretary of Defense, and on which there is at this point no firm agreement. The Navy's court of inquiry will eventually make findings and recommendations which will some day be reviewed by the Chief of Naval Operations and the Secretary of the Navy. They may be reviewed by the Secretary of Defense and the Commander in Chief.

Admiral Moorer is concerned that by testifying as to his views on these matters he may preempt the findings and recommendations of the court of inquiry, or at least be accused of preempting their findings and recommendations.

While I respect his desire to give both the substance and the appearance of impartiality to the court of inquiry, I believe it will be necessary in this regard to distinguish between facts and judgments. For example, when the commander of our naval forces in Japan asked the 5th Air Force for assistance for the Pueblo, the number, location, armament, and readiness of those planes are matters of fact. On such matters I can see no reason not to take the testimony in open session. Whether the commander of our naval forces in Japan knew of the number, location, armament, and readiness of those aircraft is again a matter of fact, although not as readily ascertainable. They cannot be ascertained by documents, but only by the testimony of the commander of our naval forces in Japan. There is no reason such testimony should not be heard in open session. Whether or not he should have been aware of these facts is a matter of judgment.

As to Admiral Moorer's, or anyone else's judgment in such matters, we will not require that testimony in open session, if at all. We will not do so not only because we do not want Admiral Moorer's judgments to preempt the court of inquiry, but also because we would not want them to preempt our own.

The Navy is after facts. So are we. We want to know who generated the concept of single, unprotected, intelligence-gathering ships and when and why. We want to know who generated the particular mission of the Pueblo, who characterized it as a low-risk mission, who approved it.

We want to know who determined the ships to be used, their configuration, their armament. We want to know who questioned and

who approved their facilities for scuttling, for the destruction of equipment and documents. We want to know whether the Pueblo was informed of the rapidly changing events as between North and South Korea after she embarked on her mission.

✔We want to know whether there were any contingency plans drawn up for the type of contingency which did develop. We want to know what orders had been given the Pueblo as to the use of her guns, or as to tactics on evasion or escape. We want to know what response, either by message or by action, was made in reply to her calls for help.

We are deeply concerned with the chain of command and control both on the Pueblo and above it. We live in an age where no place on the face of the earth is more than 30 minutes away from the launching platform of a nuclear missile. Many of our own missiles are in the hands of our Navy, yet twice in 2 years we have seen examples of naval ships loaded with tremendously sophisticated and expensive communications gear apparently having difficulty in communicating. Both communications as a mechanical operation and command and control as a human operation require someone on the other end of the machinery with the ability to get the message and the power to act on it.

In judging the seriousness of the loss of the Pueblo and of the decision to place the Pueblo where it was in the configuration that it was and under the orders in which it was operating, it is necessary to consider the seriousness of the loss of the equipment and the documents which were captured by the North Koreans. We will obtain testimony in this regard from persons qualified to weigh the impact of this loss. Finally, we have been asked to make our own recommendations as to the code of conduct for prisoners. This is a question of judgment, not of fact, and at the outset of these hearings I am not sure where we can look for real expertise. No one who has not been a prisoner knows what it is like to be a prisoner, and quite possibly no one who has not been a prisoner of the North Koreans can tell one who is how he ought to behave. Nevertheless, we shall consider the matter most seriously. While our judgments may differ, we can at least start by trying to get at some basic facts.

Mr. Bray, do you want to say anything at this point?

Mr. BRAY. No, I do not, Mr. Chairman. The chairman went over this statement in detail with me, and I want to say I agree wholeheartedly with everything he has said here, and at this time I can think of nothing further to add.

Mr. PIKE. For our first witness today, we are privileged to start at the top as far as the ability to get facts are concerned. Admiral Moorer, you may proceed when ready.

BIOGRAPHICAL SKETCH OF ADM. THOMAS H. MOORER, U.S. NAVY

Thomas Hinman Moorer was born in Mount Willing, Alabama, February 9, 1912, son of the late Dr. R. R. Moorer and the late Mrs. (Hulda Hill Hinson) Moorer. He was graduated from Cloverdale High School in Montgomery, Alabama, Valedictorian of the Class of 1927, and on June 10, 1929, entered the U.S. Naval Academy. As a midshipman he played football for three years. He was graduated and commissioned ensign on June 1, 1933, and through subsequent promotions attained the rank of rear admiral to date from August 1, 1958; vice admiral, to date from October 5, 1962 and admiral, to date from June 26, 1964.

After graduation in June 1933, he served six months on board the U.S.S. Salt Lake City as a junior officer in the gunnery department. He assisted in fitting

out the U.S.S. New Orleans at the Navy Yard, New York, and served in that cruiser's gunnery and engineering departments from her commissioning, February 15, 1934, until detached in June 1935. During the next year he was a student at the Naval Air Station, Pensacola, Florida. After completing flight training in July 1936 he was designated a Naval Aviator.

In August 1936 he was assigned to Fighting Squadron ONE-B, based briefly on the U.S.S. Langley and later on the U.S.S. Lexington. He was transferred in July 1937 to Fighting Squadron SIX, based on the U.S.S. Enterprise, and continued duty with that squadron until August 1939. He then joined Patrol Squadron TWENTY-TWO, a unit of Fleet Air Wing TWO, and later Fleet Air Wing TEN, and was with that squadron at Pearl Harbor, Territory of Hawaii, when the Japanese attacked the Fleet there on December 7, 1941. His squadron was sent to the Southwest Pacific and during the Dutch East Indies Campaign, he was shot down in a PBY on February 19, 1942, north of Darwin, Australia. He was rescued by a ship which was sunk by enemy action the same day.

He was also awarded the Purple Heart Medal for wounds received on February 19, 1942, and the Silver Star Medal for "extremely gallant and intrepid conduct as Pilot of a Patrol Plane during and following an attack by enemy Japanese aircraft in the vicinity of Cape Diemen, February 19, 1942. . ." The citation continues: ". . . Although he and his co-pilot were wounded in the attack, (he) succeeded in landing his badly damaged and blazing plane. His courage and leadership during a subsequent attack upon the rescue ship and while undergoing hardships and dangers of returning the survivors to the Australian mainland were in keeping with the highest traditions of the United States Naval Service."

He is entitled to the Ribbon for, and a facsimile of the Presidential Unit Citation to Patrol Squadron TWENTY-TWO. The citation follows: "For extraordinary heroism in action as a Unit of Patrol Wing TEN attached to Aircraft, U.S. Asiatic Fleet, operating against enemy Japanese forces in the Philippine and Netherlands East Indies Areas from January 1942 to March 3, 1942. Holding fast to their courage as the Japanese ruthlessly hunted them down the Pilots of (that squadron) doggedly maintained their patrols in defiance of hostile air and naval supremacy, scouting the enemy and fighting him boldly regardless of overwhelming odds and in spite of the crushing operational inadequacies existing during the first months of the war.

Between March and June 1942, he served with Patrol Squadron ONE HUNDRED ONE and was awarded the Distinguished Flying Cross. The citation follows: "For extraordinary achievement and heroic conduct as commander of a patrol plane on a hazardous round-trip flight from Darwin, Australia to Beco, Island of Timor, on the afternoon and night of May 24, 1942. In an undefended, comparatively slow flying boat, Lieutenant Moorer braved an area dominated by enemy air superiority, effected a precarious landing in the open sea at dusk and took off at night in the midst of threatening swells, with a heavily loaded airplane. His superb skill and courageous determination in organizing and executing this perilous mission resulted in the delivery of urgently needed supplies to a beleaguered garrison and the evacuation of eight seriously wounded men who otherwise might have perished."

After his return to the United States in July 1942, he had temporary duty from August of that year to March of the next in the United Kingdom, as a mining observer for the Commander in Chief, U.S. Fleet. He then fitted out and assumed command of Bombing Squadron ONE HUNDRED THIRTY-TWO, operating in Cuba and Africa from its base at Key West, Florida, Boco Chica Air Base. Detached from that command, he served as gunnery and tactical officer on the staff of Commander Air Force, Atlantic, from March 1944 to July 1945.

He was awarded the Legion of Merit: "For meritorious conduct. as Force Gunnery and Tactical Officer on the staff of Commander Air Force, Atlantic Fleet..." The citation states that he "planned and supervised the development and practical application of tactics, doctrines and training methods relating to anti-submarine warfare and gunnery; supervised many experimental and developmental projects; and coordinated information on enemy tactics and countermeasures . . . By his outstanding executive ability, Commander Moorer contributed materially to the combat effectiveness of aircraft in anti-submarine warfare..

From August 1945 until May 1946, he was assigned to the Strategic Bombing Survey-Japan-of the Office of the Chief of Naval Operations, engaged in the

interrogation of Japanese Officials. For two years thereafter, he served as executive officer of the Naval Aviation Ordnance Test Station, Chincoteague, Virginia. He next had duty afloat as operations officer of the USS Midway (July 1948November 1949), and as operations officer on the staff of the Commander Carrier Division FOUR, Atlantic Fleet (December 1949-July 1950).

Reporting in August 1950 to Inyokern, California, he served for a year as experimental officer of the Naval Ordnance Test Station. During the year following, he was a student at the Naval War College, Newport, Rhode Island, and in August 1953, again reported for duty on the staff of Commander Air Force, Atlantic Fleet. In May 1955 he was ordered to the Navy Department to serve as aide to the Assistant Secretary of the Navy (Air) and in July 1956 was detached to sea duty as commanding officer of U.S.S. Salisbury Sound (AV-13).

On July 26, 1957 his selection for the rank of Rear Admiral was approved by the President and in October, the same year, he reported as Special Assistant, Strategic Plans Division, Office of the Chief of Naval Operations, Navy Department. From January 1, 1958 until July 1959, he was Assistant Chief of Naval Operations (War Gaming Matters), after which he commanded Carrier Division SIX. He returned to the Office of the Chief of Naval Operations in November 1960 and served as Director of the Long Range Objectives Group until October 1962 when he assumed command of the SEVENTH Fleet. For his service in this assignment he was awarded the Distinguished Service Medal. In June 1964 he became Commander in Chief of the Pacific Fleet. Admiral Moorer assumed command of NATO's Allied Command, Atlantic, the U.S. unified Atlantic Command, and the U.S. Atlantic Fleet on April 30, 1965.

On June 17, 1967, he was awarded a Gold Star in lieu of a second Distinguished Service Medal: "For exceptionally meritorious service as Commander in Chief Atlantic, Commander in Chief U.S. Atlantic Fleet, Commander in Chief Western Atlantic Area, and Supreme Allied Commander Atlantic. . ." The citation states in part, "During the Dominican Republic Crisis of 1965-66, he directed military operations with utmost professionalism, judgment and diplomacy, resulting in a cease-fire, politico-military stabilization of the situation . . . and finally the orderly and peaceful withdrawal of U.S. forces . . ." The citation continues: “As Supreme Allied Commander Atlantic, Admiral Moorer foresaw the need, and initiated a major revision in NATO maritime strategy . . . his development of the concept of a standing naval force for the Allied Command Atlantic; and his assistance in establishing the Iberian Atlantic Command Headquarters resulted in major contributions to the North Atlantic Treaty Organization . . ."

On June 3, 1967, he was named by President Johnson to succeed Admiral David L. McDonald, USN, as Chief of Naval Operations, Navy Department. Admiral Moorer became the eighteenth Chief of Naval Operations on August 1, 1967.

On January 13, 1969, he was awarded a Gold Star in lieu of a Third Award of the Distinguished Service Medal "For exceptionally meritorious service as Chief of Naval Operations from August 1967 to January 1969.” The citation indicated that "Admiral Moorer provided forceful and aggressive leadership . . during a period of increasing worldwise commitments and continuous combat operation against enemy forces in Southeast Asia."

In addition to the Distinguished Service Medal with two Gold Stars, Silver Star Medal, Legion of Merit, Distinguished Flying Cross, Purple Heart Medal, and the Ribbon for the Presidential Unit Citation to Patrol Squadron TWENTYTWO, Admiral Moorer has the American Defense Service Medal with star; American Campaign Medal; Asiatic-Pacific Campaign Medal with two stars; European-African Middle Eastern Campaign Medal; World War II Victory Medal; Navy Occupation Service Medal, Europe and Asia Clasps; China Service Medal; National Defense Service Medal with bronze star; Armed Forces Expeditionary Medal; Vietnam Service Medal; Philippine Defense Ribbon; and the Republic of Vietnam Campaign Medal with device. In May 1964 he was awarded the Navy Occupation Service Medal, Europe and Asia Clasps; China Service Medal; National Defense Service Medal with bronze star; Armed Forces Expeditionary Medal; Vietnam Service Medal; Philippine Defense Ribbon; and the Republic of Vietnam Campaign Medal with device. In May 1964 he was awarded the Stephen Decatur Award for operational competence by the Navy League of the United States and on June 3, 1968 Admiral Moorer was awarded the Honorary Doctor of Laws Degree by Auburn University, Auburn, Alabama.

He also has been decorated by ten foreign governments: Portugal (Military Order of Aviz), Greece (Silver Star Medal, First Class), Japan (Double Rays of the Rising Sun), Republic of China (Medal of Pac-Ting) and (Medal of Cloud and Banner with Special Grand Cordon), Philippines (Legion of Honor), Brazil (Order of the Naval Merit, Grande Official), Chile (Gran Estrella al Merito Militar), Venezuela (Order of Naval Merit 1st Class), Republic of Korea,

(Order of National Security Merit, 1st Class), Netherlands (Grand Cross, Order of Oranje-Nassau with Swords).

Admiral Moorer is married to the former Carrie Ellen Foy of Eufaula, Alabama. He has four children, Thomas Randolph, Mary Ellen, Richard Foy, and Robert Hill Moorer. His official residence is 402 Barbour Street, Eufaula, Alabama.

STATEMENT OF ADM. THOMAS H. MOORER, CHIEF OF NAVAL OPERATIONS

Admiral MOORER. Thank you, Mr. Chairman.

Mr. Chairman and gentlemen, I appreciate this opportunity to appear before your subcommittee which is investigating the seizure and detention of the U.S.S. Pueblo and her crew.

As you know the Navy is conducting a court of inquiry in San Diego to determine just what did happen to the Pueblo and her crew. I can assure you that the court of inquiry is committed to conduct its inquiry in a thorough and fair manner and protect the rights of all concerned. I am in the chain of review of the court of inquiry's actions and, therefore, I cannot properly comment on matters before the court of inquiry prior to my formal review of the court of inquiry's report. It is worth reviewing what the task of the court of inquiry includes. The court of inquiry was convened by the commander in chief U.S. Pacific Fleet and it can be expected that the inquiry will cover matters within his cognizance. It is seeking facts bearing on the loss of a Pacific Fleet ship within the Pacific Fleet ocean areas of responsibility. This is the way any inquiry about the loss of Pueblo should be conducted. Such procedures are required by Navy regulations in all instances in which a ship is lost for any reason.

It was never expected by the Navy that all facts in the matter would be established by this court of inquiry. Other officials senior to the commander in chief Pacific Fleet, within and outside the Navy, may well have information which would be of value in better understanding how the Pueblo seizure came about and how we can guard against such events in the future.

During the open periods of this hearing my statement and answers to your questions cannot include disclosure of information where such disclosure would be detrimental to our national security. I stand ready, however, to explore those areas with you in executive session.

I am sure you understand that I shall have to limit my answers so as not to infringe upon or interfere with the court of inquiry which is now in session. I shall, subject to that restriction, expand as you wish on all matters pertaining to the incident which are within my knowledge. I know you appreciate the importance of my not influencing or appearing to influence or interfere with the proceedings and deliberations of the court of inquiry so that its recommendations will be objective, factual, and thorough. It would be inappropriate and premature for me to express opinions concerning facts which the court of inquiry is seeking to determine or to comment on the conduct of any member of the crew of the U.S.S. Pueblo. To do so before the court of inquiry has completed its deliberations and the record has been reviewed, could be construed as "command influence" which I am forbidden to exert by article 37, section 837 of title 10, United States Code. In construing