Add to that that you can't make that finding on the basis of, let's say, political activity abroad. Suppose we could show, for example, that Oswald was going to the Soviet Union to make a speech before the Supreme Soviet telling how terrible things were in the United States and how bad the U.S. policies toward Cuba were, for example.
Representative Ford. Would that preclude him from getting a passport?
Mr. Chayes. No. We have people abroad who are doing that all the time. We have got Malcolm X traveling across Africa making one speech after the other about how terrible our policies on the race question are. And it is perfectly clear to me on the basis of the cases—although we might get a little more information in the next couple of weeks, we have a case before the Chief Justice now—but it is clear to me on the basis of the cases so far that if what is involved is speech, no matter how hostile it is to our policies or our objectives, you can't deny a passport for that.
Representative Ford. What about Oswald's statements to either Mr. Snyder or Mr. McVickar that he as a former Marine was going to give information he had acquired as a former Marine to the Soviet authorities.
Mr. Chayes. That is, of course, a more difficult one. Of course we know he didn't have very much information.
Representative Ford. No, but he was a Marine and he had been trained as an electronics radar specialist. He said he was going to give this information.
Mr. Chayes. But the second point is that on the whole these criteria look to the future. They look to the purpose of this travel. Now if he had committed an offense against the espionage laws or whatever it was abroad on his past performance——
Representative Ford. This isn't a question of freedom of speech.
Mr. Chayes. No; I understand.
Representative Ford. This is a question of giving away Government secrets.