217. Memorandum From Michael Guhin of the National Security Council Staff to the President’s Assistant for National Security Affairs (Kissinger)1 2

SUBJECT:

  • Secretary Rogers’ Recommendation to Cease All Use of Herbicides in Vietnam and His Testimony on the Geneva Protocol

You will recall that Secretary Rogers recently recommended that the President “order an immediate cessation of the use of chemical herbicides in any form for any military purpose in Vietnam” and that this decision be announced to ease the passage of the 1925 Geneva Protocol by making our controversial herbicide operations a dead issue. However, we would not change our position concerning our understanding that herbicides are outside the prohibitions of the Protocol.

Secretary Laird disagreed with Secretary Rogers’ recommendation.

We understand you have forwarded the memorandum for decision to the President. Mr. Eliot has called Mrs. Davis to inform her that, as a result of the Secretary’s briefing on the subject preparatory to his testimony on the Geneva Protocol tomorrow (March 5), he has decided to withdraw his recommendation from consideration. The memorandum has been withdrawn. (attached)

In addition, State has just now sent us a copy of Secretary Rogers proposed testimony for the Senate Foreign Relations Committee. We have no substantive problems with the proposed testimony.

  1. Source: National Archives, Nixon Presidential Materials, NSC Files, Box 312, Subject Files, Chemical, Biological Warfare (Toxins, etc.), Vol. III. Secret; Nodis. Sent for information. Sent through Behr. Kissinger wrote on the memorandum, “OBE” (Overtaken By Events) and “(Put into personal file).” Attached is Document 214.
  2. Guhin informed Kissinger that Secretary of State Rogers had withdrawn his request to the President that the U.S. cease the immediate use of chemical herbicides in Vietnam.