219. Memorandum From Richard Kennedy of the National Security Council Staff to the President’s Assistant for National Security Affairs (Kissinger)1 2

HAK:

Secretary Rogers (Tab A) suggested to you that we ought to have a higher level representative than Nutter to testify from Defense on the Geneva Protocol. You agreed and said that you would call Defense on this. Rogers said “Nutter would kill it.” The Secretary seems to have known whereof he spoke (See NYT item this morning at Tab B). Nutter could not make the appearance because of a luncheon date and the Times notes that the “snub” (even though he is now scheduled to testify on Monday) “combined with the unwillingness of the JCS to testify is inclined to create reluctance within the Committee to support ratification.”

If the Administration really wants to pursue this there will have to be some push put behind it. The tear gas and herbicides question has arisen, of course, and there is some sentiment in the Senate to let the treaty lie. The Defense performance adds weight to that school. We have to decide, therefore, whether the President really wants to push this to ratification or just let it take its own course.

RTK
  1. Source: National Archives, Nixon Presidential Materials, NSC Files, Box 312, Subject Files, Chemical, Biological Warfare (Toxins, etc.), Vol. IV [Part 1]. No classification marking. The attachments are not published. Kissinger wrote on the memorandum, “Talk to Pursley—that we want higher level representative.” In a March 20 note, Kennedy wrote at the bottom of the memorandum, “Dave—Adm Murphy advised that both Secretary Laird & Mr. Packard were already committed to appearances with the Hill on the 22nd. I informed Ted Curran that DOD had been urged to provide higher level representation but was unable to do so—for the delay in appearing would affront the Committee. Curran noted that he would make a note for the file to this effect and assume the matter was put to rest.” A note adjacent to “(Tab A)” in line one of the memorandum reads, “—destroyed—telcon of 3/17/71, jlj.”
  2. Kennedy highlighted the problems associated with the appointment of Assistant Secretary of Defense for International Security Nutter to testify in front of the Senate Foreign Relations Committee on the Geneva Protocol. Scheduling conflicts had prevented Nutter from testifying certain days and gave the Committee the impression that the Defense Department did not support ratification. If the Administration truly wanted ratification, the President needed to appoint a higher level DOD representative.