NOMINATIONS THURSDAY, FEBRUARY 6, 1969 U.S. SENATE, COMMITTEE ON ARMED SERVICES, Washington, D.C. The committee met, pursuant to notice, at 10:30 a.m., in room 212, Old Senate Office Building, Present: Senators Stennis (chairman) presiding, Russell, Symington, Ervin, Young of Ohio, Byrd, Jr. of Virginia, Smith, Thurmond, Dominick, and Schweiker. Also present: T. Edward Braswell, Jr., chief of staff; Gordon A. Nease, professional staff member; Charles B. Kirbow, chief clerk; and Herbert S. Atkinson, assistant chief clerk. The CHAIRMAN. The committee will please come to order. The committee meets today to consider additional presidential nominations for positions in the Department of Defense. As we know, the Secretary of Defense, his deputy, and the three service secretaries have been named. Today we will consider the nominees for Under Secretary of the Navy and one of the Assistant Secretaries of the Navy, to be followed by the nominee for Deputy Director of the Office of Emergency Preparedness. We have in all Mr. John W. Warner to be Under Secretary of the Navy; Mr. Frank Sanders to be an Assistant Secretary of the Navy; and Mr. Fred J. Russell to be Deputy Director of the Office of Emergency Preparedness. Mr. Clerk, have there been any protests or objections of any kind filed to any of these nominations? Mr. BRASWELL. No, sir. The CHAIRMAN. That is a good start. We have noncontroversial people with us today, Senator Smith. I am going to call on Mr. Warner if he will come to the table. NOMINATION OF JOHN W. WARNER TO BE UNDER SECRETARY OF THE NAVY The CHAIRMAN. Mr. Warner, do you have a formal prepared statement? STATEMENT OF JOHN W. WARNER, NOMINEE TO BE UNDER SECRETARY OF THE NAVY Mr. WARNER. I do not, Mr. Chairman. The CHAIRMAN. We have your biographical sketch and I will ask that it be put into the record. (The nomination reference and biographical data of Mr. Warner follow, as well as a letter addressed to the chairman of the committee from Mr. Warner concerning his financial holdings:) NOMINATION REFERENCE AND Report IN EXECUTIVE SESSION, Ordered, That the following nomination be referred to the Committee on Armed Services: John W. Warner, of Virginia, to be Under Secretary of the Navy. BIOGRAPHICAL DATA OF JOHN W. WARNER John W. Warner was born February 18, 1927, in Washington, D.C. His father was the late Dr. John W. Warner, a physician, whose family came from Amherst, Virginia; and his mother, Martha (Budd) Warner, was born in St. Louis, Missouri. Mr. Warner received his early education in the public schools in Washington, D.C. Following a tour of active military duty in the United States Navy, he entered Washington & Lee University at Lexington, Virginia, in September of 1946. He majored in general engineering courses, physics, and mathematics and received his B.S. degree in June of 1949. The following September he entered the University of Virginia Law School. His law training was interrupted for a second tour of active military service-this time in the United States Marine Corps; and he graduated from the law school with an LL.B. degree in 1953. Mr. Warner enlisted in the Navy in December 1944 at the age of 17 and was released from active duty in July 1946. He attained the rank of Electronic Technicians Mate, 3rd Class, following completion of a 14-month course in electronics which concluded with graduation from the school at the Naval Research Laboratory, Washington, D.C. He subsequently enlisted in the United States Marine Corps Reserve and was recalled to active duty as a 2nd Lieutenant in October of 1950. After a tour of duty in Korea, serving as Communications Officer for Marine Attack Squadron VMA-121 and later as Communications Officer for Marine Air Group 33 at K-3, Korea, he was released from active duty in April 1952. He attained the rank of Captain and remained in the Marine Corps Reserve until 1961. Upon graduation from law school, he was appointed law clerk to the Honorable E. Barrett Prettyman, former Chief Judge, United States Court of Appeals, District of Columbia Circuit. He was admitted to the Bar in April, 1954, and following a brief period in private practice was appointed a Special Assistant to the U.S. Attorney in 1956 and in 1957 was appointed an Assistant U.S. Attorney, Department of Justice. He served as a trial lawyer in the U.S. Attorney's Office, Washington, D.C., until April of 1960 when he joined the campaign staff of then Vice President Richard M. Nixon. In November of 1960 he became associated with the law firm of Hogan & Hartson and in 1964 was admitted to the firm as a general partner. He specialized in corporate and banking law and from 1966 to 1968 was counsel to The Riggs National Bank of Washington, D.C., one of the firm's principal clients. During the 1968 Presidential Campaign, he took a leave of absence from his law firm and became National Director of United Citizens for Nixon/Agnew. Shortly after election day he joined the staff of the President-elect's Transition Office in Washington, D.C. Mr. Warner is very active in a number of nonprofit organizations and is a member of the Governing Board of Trustees of the following: Washington & Lee University, Lexington, Virginia. Protestant Episcopal Cathedral Foundation, Washington, D.C. (Washington Cathedral). Virginia Museum of Fine Arts, Richmond, Virginia. Bar Association of the District of Columbia, Research Foundation. He also serves on the Boards of: D.C. Chapter, American Red Cross. Federal City Council. Beauvoir School. United Givers Fund for the District of Columbia. Washington Educational Television Association. Mr. Warner is married to the former Catherine Conover Mellon of Upperville, Virginia. They have three children-Mary, Virginia, and John William IV. Mr. Warner maintains his legal residence in the State of Virginia on a farm near White Post in the Shenandoah Valley. Honorable JOHN C. STENNIS, FEBRUARY 3, 1969. Chairman, Committee on Armed Services, U.S. Senate, Washington, D.C. DEAR MR. CHAIRMAN: In this letter I wish to advise the committee of the nature of my private business affairs and to describe the arrangements I have made and am prepared to make with relation to them should I be confirmed by the Senate for the office of Under Secretary of the Navy. It is my desire and intention to comply with both the letter and the spirit of the conflicts of interest law. I have resigned my general partnership with the law firm of Hogan & Hartson and have severed all other relationships connected with my practice of the law. All of my equity in my former firm has been paid to me, and I will not share in any future fees. I have resigned as a director of Greater Washington Investors, Inc., a publicly owned investment company. I also intend to resign from my membership on the Board of Trustees of The George Washington University and to sever my connections with the other nonprofit organizations so listed in Attachment 1. With the approval of the Committee, I do plan to continue as a life trustee of Washington and Lee University, my alma mater, and as a trustee of Washington Cathedral and of the Virginia Museum of Fine Arts in Richmond. I have been informed by the President of Washington and Lee that the University has minimal contacts with the U.S. Government; and the nature of the Cathedral and of the Museum is such as to preclude any conflict. I will not participate in the investment policy committees of these three institutions. I also plan to continue as a member of the Washington Institute of Foreign Affairs and as a member of the American Bar Association. I would of course participate in no activities of these organizations which might raise any possibility of conflict with the duties of my Government office. I have sold all of my securities with the exception of my shares of Greater Washington Investors. Inc., which are in the process of being sold, and shares of Northern Virginia Communications, Inc. (Attachment 2), which I desire to retain, subject to the approval of the Committee. Northern Virginia Communications, Inc., is not on the list of companies having contracts with the Department of Defense. For the duration of my appointment, I will not invest in any securities of companies which do appear on that list. I am life income beneficiary of an irrevocable trust established in 1960. The corpus of this trust has from its inception been invested entirely in municipal bonds. It is my understanding that the trustee-a corporate trustee, which has sole investment control-plans to continue to invest solely in municipal bonds. I have requested the trustee to continue this investment policy during my Federal service. Attachment 3 is a list of the securities which now constitute the assets of this trust. I believe that the foregoing actions will bring me into compliance with the legal requirements on the subject of conflicts of interest, and I hope that the Committee will find that they likewise satisfy its requirements and policies in such matters. Respectfully, JOHN W. WARNER. ORGANIZATIONAL AFFILIATIONS OF JOHN W. WARNER To be severed Beauvoir School, Trustee. D.C. Chapter, American Red Cross, Member, Board of Directors. The George Washington University, Trustee. World Peace Through Law Center, Member of Planning Committee. Foreign Policy Discussion Group, Member. Bar Association of the District of Columbia, Research Foundation, Trustee. Washington Educational Television Association, Member, Board of Directors. To be retained Protestant Episcopal Cathedral Foundation (Washington Cathedral), Trustee. Virginia Museum of Fine Arts, Trustee. Washington & Lee University, Life Trustee. Washington Institute of Foreign Affairs, Member. American Bar Association, Member. SECURITIES HELD IN COMPANIES UNDERSTOOD NOT TO BE DOING BUSINESS WITH THE DEPARTMENT OF DEFENSE Northern Virginia Communications, Inc. (A holding company which owns the stock of several very small newspapers). SECURITIES HELD BY TRUSTEE OF IRREVOCABLE TRUST OF WHICH JOHN W. WARNER IS LIFE INCOME BENEFICIARY Municipality or Organization Baltimore Co., Md. Chicago, Ill Wtr. Cook Co Community High Sch Dist 212 III. Houston, Tex. Huntington Union Free Sch Dist 13, N.Y. Los Angeles Sch Dist, Cal. New York State Dorm Auth Cornell Univ. Rockville, Md. Santa Clara Valley Wtr Conservation Dist, Calif. The CHAIRMAN. The Chair will recognize the Senator from Virginia, Senator Byrd, a member of this committee, and ask him if he has something to say about Mr. Warner. Senator BYRD, Jr., of Virginia. Thank you, Mr. Chairman, I appreciate the opportunity to say a few words with regard to my friend, John W. Warner. I have known him for 8 or 10 years. He is a very charming and gracious host. I have had the privilege to be in his home. I am proud that he has been in my home. I have known his wife perhaps longer than I have known him, she being the daughter of a longtime friend who lives in Upperville, Paul Mellon. John Warner was born in Washington, D.C., but his legal residence is now in the State of Virginia. I note also and would like to point out to the committee that he not only has had active service in the Marine Corps, but also he has had active service in the Navy. I think it is appropriate that his qualifications were such that he would make a good Under Secretary of the Navy and I am pleased today, Mr. Chairman, to endorse his nomination. The CHAIRMAN. Thank you, Senator. We appreciate your remarks. I know Mr. Warner does. Mr. Warner, is there anything you wish to say before we have some questions? Mr. WARNER. Thank you, Mr. Chairman. I should first like to thank the distinguished Senator from Virginia for his very kind remarks. I wish to inform the Chairman and the members of the committee that I have met extensively with counsel for the Navy Department as well as the General Counsel for the Department of Defense. I believe that I have satisfied each of the criteria that they have put before me. I am, however, quite willing to go into such detail as the committee may desire. The CHAIRMAN. Let me ask our Chief of Staff a question. Mr. Braswell, you have examined now the showing that has been made by Mr. Warner as to his holdings and the statute regarding the conflict of interest and also know the policy of the committee. Do you think that he clears those requirements? Mr. BRASWELL. Yes, sir, they fully satisfy the committee's require ments. The CHAIRMAN. I will ask you the same question with regard to the other nominees. Mr. Sanders? Mr. BRASWELL. The same is true with regard to Mr. Sanders. He has satisfied the committee's requirements. The same is true as to Mr. Russell. He has satisfied the committee's requirements. The CHAIRMAN. Is there anything else you wish to say, Mr. Warner? Mr. WARNER. NO. The CHAIRMAN. I am not asking you a personal question, for I ask all the nominees this question: Just what prompts you to accept this office? I shall not say seat. Those of us who get elected by the people have the seat; you have the office. I must say, what prompts you to accept this office? What's your idea about it? Mr. WARNER. Senator, I have spent my entire professional career in the practice of law. The last 8 years have been devoted to financial matters. I believe I bring with me into the Navy, subject to confirmation by the Senate an extensive background in both law and finance. Finance is a matter which is of particular importance today in the Navy and the Department of Defense. Coupled with that is a long interest in both the Navy and the Marine Corps. My early years in the Navy and college were spent in engineering. I therefore believe that I could bring to the Navy a technical background, in addition to law and finance, which will be very helpful in the discharge of my duties. I am anxious to accept a responsibility during this administration in public life. The CHAIRMAN. That is a very good statement. You have said you have engaged in the practice of law. I know you are a good lawyer. How long have you been a practicing lawyer? Mr. WARNER. I was admitted to the bar in April of 1954. The CHAIRMAN. That is certainly a long time. Did you take cases and try them in the courtroom during that period? Mr. WARNER. Yes, sir. I was first appointed a law clerk to the senior circuit court of appeals judge, E. Barrett Prettyman. Thereafter, I spent 2 years in a private firm, then 51⁄2 years in the Department of Justice. During that 52 years, I tried hundreds of cases and appeared before courts of all levels within the District of Columbia. The CHAIRMAN. I am always glad to see someone get into the Government who is what I call a courtroom lawyer. Mr. WARNER. I think I could satisfy that requirement. The CHAIRMAN. Very good. That is where a mighty fine brand of lawyers are made, I think. I would not say they are all good, but it is good training. Your record shows you are a native of the District of Columbia? Mr. WARNER. That is correct, sir. |