Rehnquist Recalls No Part in Policy on Surveillance of War Protesters

WASHINGTON —  Chief Justice nominee William H. Rehnquist says he does not recall any role in developing the Richard M. Nixon Administration policy in the late 1960s on the surveillance of Vietnam War protesters.

A document released Friday by Sen. Charles McC. Mathias Jr. (R-Md.) contains Rehnquist’s answers to questions about his part in advising Nixon on the domestic surveillance by the Army at a time of increasing anti-war sentiment.

A Senate debate and vote on confirming Rehnquist, President Reagan’s choice to replace Warren E. Burger as chief justice, is expected next month. Opponents of his nomination are expected to raise questions during the debate about his positions on civil rights and civil liberties.

In response to Mathias’ questions, Rehnquist wrote: “I have no recollection of any participation in the formulation of policy on the use of military to conduct surveillance or collect intelligence concerning domestic civilian activities.

“I do not think I had any firsthand knowledge as to the use of the military to conduct such surveillance . . . though I may have been briefed with such information as was necessary to enable me to testify before congressional committees or to publicly discuss legal questions.”

Rehnquist, who was named to the Supreme Court by Nixon, said also that he did not recall his personal role in the writing of a draft memo from the secretary of defense and attorney general to Nixon on a plan for response to civil disturbances.