Francesco/who-killed-jfk huggingface dataset:
[104-10332-10022.pdf — page 86]
# Assassination Records Review Board600 E Street NW • 2nd Floor • Washington, DC 20530(202) 724-0088 • Fax: (202) 724-0457CIA HAS NO OBJECTION TODECLASSIFICATION AND/ORRELEASE OF CIA INFORMATIONIN THIS DOCUMENTSeptember 16, 1998VIA FACSIMILE AND U.S. MAILRobert M. McNamara, Jr., Esq.General CounselCentral Intelligence AgencyWashington, D.C. 20505Gary M. SternGeneral CounselNational Archives and Records Administration8601 Adelphi RoadCollege Park, Maryland 20740-6001Re: CIA Compliance With the JFK Assassination Records Collection Act of 1992Dear Messrs. McNamara and Stern:The Review Board considers it essential that certain remaining obligations of the CIAunder the President John F. Kennedy Assassination Records Collection Act of 1992, 44U.S.C. § 2107 ("JFK Act") be identified and memorialized before the Board ceasesoperations on September 30, 1998.I therefore am enclosing, for your agencies' consideration, a draft Memorandum ofUnderstanding setting forth the outstanding obligations of CIA under the JFK Act. Webelieve that it is in the interest of the CIA, the National Archives, the Review Board, andultimately the public to put in writing our collective understanding of the additionalwork that CIA must undertake and the reasonable time frames within which it shouldbe completed. It is our intent to reduce any future ambiguity or disagreements thatmay potentially arise as CIA completes its work. We also believe that this MOU willfacilitate the ability of the Archivist of the United States to carry out his statutoryobligation to certify to the President that all assassination-related records have beenreleased in accordance with the Act (see 44 U.S.C. § 2107(12)).The terms of a Memorandum of Understanding have been discussed among the staffsof the Review Board, the National Archives, and CIA. We believe that the encloseddraft proposal is a fair accommodation of competing interests. Please review theBOARD MEMBERS: John R. Tunheim, Chair • Henry F. Graff • Kermit L. Hall • William L. Joyce • Anna K. NelsonEXECUTIVE DIRECTOR: T. Jeremy Gunn • DEPUTY DIRECTOR: Thomas E. Samoluk
[104-10332-10022.pdf — page 87]
13-0000009/16/98 WED 13:00 FAX 202 724 0457 ARRB 2003Robert M. McNamara, Jr., EsqGary M. Stern, Esq.September 16, 1998Page 2enclosed draft MOU so that we can resolve any outstanding issues and ultimately reachan agreement on an MOU before September 30, 1998.Thank you for your attention to this matter.Sincerely,Ronald G. HaronRonald G. HaronGeneral Counselcc: J. Barry Harrelson, Senior Review Officer,CIASteven D. Tilley, Chief,JFK Collection, NARA
[104-10332-10022.pdf — page 88]
# MEMORANDUM OF UNDERSTANDING REGARDING CONTINUING OBLIGATIONS OF THE CIA UNDER THE JFK ACTWHEREAS the operations of the Assassination Records Review Board ("Review Board") cease on September 30, 1998 in accordance with the President John F. Kennedy Assassination Records Collection Act of 1992, 44 U.S.C. § 2107 ("JFK Act");WHEREAS the JFK Act provides that "the provisions of this Act [as applied to Federal agencies] shall continue in effect until such time as the Archivist certifies to the President and the Congress that all assassination records have been made available to the public in accordance with [the] Act" (JFK Act § 12); andWHEREAS the Central Intelligence Agency ("CIA"), the Review Board, and the National Archives and Records Administration (“NARA") seek to ensure that the CIA completes its continuing obligations under the JFK Act in a timely fashion;IT IS HEREBY AGREED by the CIA (including any successor intelligence agency), the Review Board, and NARA that:1. All CIA records identified as assassination records under the JFK Act will be placed in the JFK Assassination Records Collection ("JFK Collection") at NARA in College Park, Maryland by September 30, 1998 unless otherwise noted in this Memorandum of Understanding;2. CIA may transmit the following assassination records to the JFK Collection after September 30, 1998:a. Duplicate documents within the CIA-HSCA Sequestered Collection (both hardcopy and microfilm sets).[^1] The CIA will ensure that, by September 30, 1999, duplicate copies of documents from the CIA-HSCA Sequestered Collection (both hardcopy and microfilm sets) will be placed in the JFK Collection.b. Duplicate documents within the working files of CIA officer Russ Holmes. The CIA will ensure that, by December 31, 1998, duplicate copies of documents from the Russ Holmes working files will be placed in the JFK Collection.[^1]: "Duplicate documents" are exact copies of documents that are already publicly available in the JFK Collection as part of other CIA files or records.
[104-10332-10022.pdf — page 89]
DRAFTc. The audio tapes, and any transcriptions or summaries made by the CIA, from surveillance of certain Soviet and Cuban diplomatic facilities in Mexico City for the period November 22, 1963 to January 1964. These tapes (approximately 185), and any transcriptions or summaries, shall be placed in the JFK Collection by September 30, 1999. The CIA will submit these tapes to the JFK Collection on a rolling basis, as CIA completes review of individual tapes. Any postponements shall be identified to NARA and postponed information forwarded to the "Protected Collection" (i.e., the classified, postponed records within the JFK Collection) in accordance with Section 5(e) of the JFK Act.d. Working files from the DCI area, mostly from DCI's Executive Registry, that had been compiled in anticipation of passage of the JFK Act. These working materials, which consist mostly of duplicate documents, shall be placed in the JFK Collection by Decmber 31, 1998.e. A document containing a list of names and cryptonyms created by the HSCA staff. Given the detailed nature of information in this document (RIF No. 104-10061-10115), the Board agrees that this can be processed by December 31, 1998.f. Any other non-duplicate assassination-related records created or discovered by the CIA after September 30, 1998.3. The CIA will review its equities in records that have been referred to it, and the CIA will cooperate with NARA and other Federal agencies to ensure that such records are released under the standards of the JFK Act and placed into the JFK Collection. The CIA will review the following major categories of records:a. Church Committee records identified by the Review Board in August 1998 as being assassination-related.b. Records from the files of Robert F. Kennedy, maintained at the JFK Library, that the Library and/or Review Board has identified as either assassination records or as records that would enhance the historical unnderstanding of the assassination.c. Records of the Rockefeller Commission, maintained by the Manuscript Division at the Library of Congress, to the extent that the Library of Congress identifies assassination records that are not available as part of the Ford Library set of Rockefeller Commision documents in the JFK Collection.
[104-10332-10022.pdf — page 90]
DRAFTd. The Army's Investigative Records Repository file on Alfredo Mirabal Diaz.The CIA will complete its review and and recommendations for release of the major record categories listed above no later than April 30, 1999. To the extent there may be other agency documents requiring CIA review under JFK Act, the CIA will continue to undertake such review.4. The CIA shall handle the certain original or postponed records in the following manner:a. By September 30, 1998, CIA shall transmit to the "Protected Collection," in accordance with Section 5(e) of the JFK Act, the originals of all postponed records from Lee Harvey Oswald's 201 file, Office of Security file, and "A" file.b. By September 30, 1998, CIA shall transmit to the "Protected Collection" the hardcopy original of Marina Oswald's 201.c. By September 30, 1998, the CIA will transmit to the "Protected Collection" all of the original microfilm rolls for the CIA-HSCA sequestered collection.d. By September 30, 1998, the CIA will transmit to the "Protected Collection" all records with postponed information to the extent that such records are not available on the CIA-HSCA microfilm rolls transmitted to NARA.e. By October 30, 1998, the CIA will transmit to the "Protected Collection" the entire Oswald 201 file that was printed from the CIA-HSCA sequestered collection microfilm (this will provide the CIA with time to make its own reference copy).f. By December 31, 1998, CIA shall transmit to the "Protected Collection" the originals of all postponed records from the Russ Holmes working files (this will permit the CIA to process duplicate records in the Holmes Collection by that date).5. The Review Board and the CIA have determined that certain materials reviewed under the JFK Act are not believed to be relevant to the Kennedy assassination (designated "NBR"), but nonetheless should ultimately be placed in the JFK
[104-10332-10022.pdf — page 91]
# DRAFTCollection. These NBR materials are: certain files contained within the CIA- HSCA sequestered collection; certain CIA work files relating to Yuri Nosenko (but not related to the assassination); certain materials within the Russ Holmes Collection; and the complete version of certain records, portions of which were designated as assassination-related by the Review Board in connection with its requests for additional records and information. These hard copy materials will be physically retained by the CIA and then forwarded to the JFK Collection for public release by October 26, 2017. Within two months of the execution of this agreement, the CIA shall provide to NARA, in writing, a list of the hardcopy files being retained until 2017 and confirm the arrangements for securing this material. NARA shall have the right to inspect and inventory this material for archival and administrative purposes before 2017, and these materials shall be made available for inspection by NARA upon its request.6. The CIA shall cooperate and coordinate with NARA in carrying out the provisions of the JFK Act, including Section 5(g) of the JFK Act, which provides for the "periodic review" of postponed assassination records. Such review "shall address the public disclosure of additional assassination records in the Collection under the standards of the Act" (§ 5(g)(2) (A)) and "shall serve to downgrade and declassifiy security classified information" (§5(g)(2)(C)).7. The CIA recognizes that, in the year 2017, "[e]ach assassination record shall be publicly disclosed in full . . . ." JFK Act § 5 (g). To the extent that records are postponed but are to be released on a date prior to 2017, NARA shall release the records on the date the Review Board set for release. If the CIA seeks continued postponement of any record in the year 2017 (or an earlier scheduled release date), it will be incumbent upon the CIA to obtain from the President "certification" that continued postponement is necessary. See JFK Act § 5(g)(2)(D). Within six months of the scheduled release date, the CIA shall be responsible for notifying NARA of any specifc records, including any records within the microfilm rolls for the CIA-HSCA sequestered collection, for which it will seek Presidential certification of continued postponement.With respect to the NBR material identified in paragraph 5, these NBR materials shall be physically transferred to NARA by October 26, 2017 for release. In the event CIA seeks further postponement of any NBR material, it shall identify that material to NARA and seek Presidential certification that the material needs to be postponed.[^2] The Nosenko materials related to the assassination have been placed in the JFK Collection.
[104-10332-10022.pdf — page 92]
13-00000ARRB-5-8. With respect to the review of other agency documents referred to CIA, the review of any new assassination records, or the periodic review of postponed assassination records, the CIA shall, in good faith, continue to apply the postponement criteria of the JFK Act as previously interpreted by decisions of the Review Board.9. This Memorandum of Understanding is intended to clarify the CIA's obligations under the JFK Act in view of the expiration of the Review Board's term on September 30, 1998. This Memorandum of Understanding shall not be interpreted to limit CIA's obligations under the JFK Act.Date:Signed:David W. CareyExecutive DirectorCentral Intelligence AgencyDate:Signed:Laura A. DenkExecutive DirectorAssassination Records Review BoardDate:Signed:John W. CarlinArchivist of the United States
[104-10332-10022.pdf — page 93]
13-00000THE DIRECTOR OF CENTRAL INTELLIGENCEWASHINGTON, D.C. 20505CIA SPECIAL COLLECTIONSRELEASE IN FULL200016 September 1998SEP 21 1998Mr. John R. TunheimChair, Assassination RecordsReview Board600 E Street, NWWashington, DC 20530Re: JFK Assassination Records Collection Act of 1992Dear Mr. Tunheim:This will respond to your 14 September 1998 letter regarding Central Intelligence Agency compliance with the "JFK Act."I have no doubt whatsoever that the CIA has fully met its obligations to locate, review, and release "assassination records" as defined in the JFK Act. The Agency's 2 September 1998 Declaration of Compliance-signed, as you note, by CIA'S Director of Information Management, Edmund Cohen-confirms my judgment. I have full confidence in the scope of the Agency's searches as described in Mr. Cohen's recent declaration.As Director of Information Management, Mr. Cohen is directly responsible for CIA's records systems and for ensuring the adequacy of CIA's search, review, and release of documents under the JFK Act. Mr. Cohen signed the Agency's Declaration of Compliance because he was the most senior Agency official with direct personal knowledge that its statements were accurate and complete. There was no more appropriate signatory.In sum, I understand that the appropriate CIA staff officers have worked diligently to locate and disclose to the JFK Board all relevant records in the Agency's possession and that they do not believe any other relevant records are being withheld from the Board. Mr. Cohen's declaration confirms my understanding.I trust that this will meet your requirements.Sincerely,![Signature of George J. Tenet]George J. Tenet
[104-10332-10022.pdf — page 94]
13-00000REFERENCE![photo of a reference tab divider]
[104-10332-10023.pdf — page 0]
14-00000104-10332-100232025 RELEASE UNDER THE PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS ACT OF 1992# FILE COPYTHE DIRECTOR OF GENERAL INTELLIGENCEWASHINGTON, D.C. 2050516 September 1998Mr. John R. TunheimChair, Assassination RecordsReview Board600 E Street, NWWashington, DC 20530Re: JFK Assassination Records Collection Act of 1992Dear Mr. Tunheim:This will respond to your 14 September 1998 letter regarding Central Intelligence Agency compliance with the "JFK Act."I have no doubt whatsoever that the CIA has fully met its obligations to locate, review, and release "assassination records" as defined in the JFK Act. The Agency's 2 September 1998 Declaration of Compliance-signed, as you note, by CIA's Director of Information Management, Edmund Cohen-confirms my judgment. I have full confidence in the scope of the Agency's searches as described in Mr. Cohen's recent declaration.As Director of Information Management, Mr. Cohen is directly responsible for CIA's records systems and for ensuring the adequacy of CIA's search, review, and release of documents under the JFK Act. Mr. Cohen signed the Agency's Declaration of Compliance because he was the most senior Agency official with direct personal knowledge that its statements were accurate and complete. There was no more appropriate signatory.In sum, I understand that the appropriate CIA staff officers have worked diligently to locate and disclose to the JFK Board all relevant records in the Agency's possession and that they do not believe any other relevant records are being withheld from the Board. Mr. Cohen's declaration confirms my understanding.I trust that this will meet your requirements.Sincerely,![signature of George J. Tenet]George J. Tenet
[104-10332-10023.pdf — page 1]
Central Intelligence AgencyWashington, D.C. 20505Special Assistant/EXDIRCIA SPECIAL COLLECTIONRELEASE IN FULL2000Mr. Cohen,Jim Oliver called and wanted me to pass on the following message:Talked Judge Tunheim and he is willing to release the two letters (Cohen & Tenet) and refrain from other derogatory comments if the Carey declaration is substantially like the ones Ed signed.MichelleHe still would like you to give him a call on 31805.
[104-10332-10023.pdf — page 2]
# Central Intelligence AgencyCIA SPECIAL COLLECTIONSRELEASE IN FULLWashington, D. C. 205052000## DECLARATION OF DAVID W. CAREYI, DAVID W. CAREY, hereby declare and say:1. I presently serve as the Executive Director of the of the Central Intelligence Agency (CIA or Agency). I have held the position of Executive Director since July of 1997 and have served with the CIA for over 29 years in a variety of operational, staff, and management positions.2. As the Executive Director I am responsible, on behalf of the Director of Central Intelligence (DCI) and the Deputy Director of Central Intelligence (DDCI), for the overall daily management of the Central Intelligence Agency, for strategic planning and coordination, and for the development and execution of the Agency's annual program. In order to carry out these responsibilities, I have been delegated all authorities vested in the DCI and DDCI except as prohibited by law or Agency regulation or policy.3. The purpose of this declaration is to provide an assurance that the Central Intelligence Agency: (1) has made a diligent records search to locate and disclose to the JFK Assassination Records Review Board (the Board) all records in its possession relating to Lee Harvey Oswald and the assassination of President Kennedy; and (2) is aware of no other assassination-related records in its possession being withheld from the Board. I make these and the following statements (including those in the attachments by reference) based upon my personal knowledge, information made available to me in my official capacity, the advice of CIA's Office of General Counsel, and the conclusions I reached in accordance therewith.4. With respect to the overall issues of search and review, and as explained in the attachments or otherwise included by reference, the CIA's Directorates of Intelligence (DI), Operations ("DO"), Science and Technology ("DS&T"), and Administration ("DA") and the DCI Area Information Review Officer have certified to me that their respective offices or directorates have properly and fully responded to requests from the Board. Accordingly, I believe that the Central Intelligence Agency has worked diligently with the Board to declassify, consistent with the President John F. Kennedy Assassination Records Collection Act of 1992 (44 U.S.C. 2107) and other statutes,
[104-10332-10023.pdf — page 3]
assassination-related records in its possession, in order to make such records available to the public.5. There are six attachments to this declaration, which are incorporated by reference. Attachment I addresses the universe and scope of documents that have been ther' subject of CIA's review. Attachment II describes the methodology and types of the searches conducted. Attachment III describes, in general, the records declassified and released (separate detailed indices will be provided when documents are released to the National Archives and Records Administration). Attachment IV addresses questions raised by the Board regarding perceived gaps in our records, including possible loss or destruction of records. Attachment V discusses specific requests from the Board and incorporates specific CIA responses by reference. . And Attachment VI addresses commitments which this Agency makes with regard to provision to the National Archives and Records Administration of assassination related documents, including any documents which may be newly discovered or created subsequent to the tenure of the Board.6. Based upon the foregoing and the attachments (Attachments I through VI, which are incorporated by reference) I believe that the CIA is in full compliance with the President John F. Kennedy Assassination Records Collection Act of 1992 (44 U.S.C. 2107).I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING AND THE ATTACHMENTS (ATTACHMENTS I THROUGH VI, WHICH ARE INCORPORATED BY REFERENCE) ARE TRUE AND CORRECT.Executed this 2nd day of September 1998.![signature of david carey]DAVID W. CAREY2
[104-10332-10023.pdf — page 4]
UNCLASSIFIEDFrom the Desk of James R. OliverChief, Historical Review ProgramNOTE FOR: James R. Oliver@DAFROM: James R. OliverOFFICE: OIMDATE: 09/24/98 11:12:17 AMSUBJECT: EXDIR Declaration Signature, 23 September 1998Memorandum for the Record:This is to confirm that I replaced the first page of the ExDir's signed JFK Declaration, dated 23 September, with letterhead stationery to assure that the statement was comparable to that signed by Mr. Cohen, as earlier requested by the Board Chairman. The wording of the declaration was unchanged; only the letterhead stationery was changed. I called Michelle in the EXDIR's Officer to confirm that the Executive Director would have no problem with such a change (simply replacing the first page). She called back, saying that she had asked Mr. Carey, and he had no problem with this change.Mr. Harrelson of this office will be hand carrying the EXDIR's declaration to the Board today. At the same time, and in accordance with my agreement with Chairman Tunheim of yesterday, Mr. Harrelson will be retrieving the earlier declaration signed by Mr. Cohen, the DCI letter of 16 September, both of which are being withdrawn. The Judge Tunheim also agreed yesterday that since the EXDIR had agreed to sign the declaration that there will no longer be a need for the critical language in their report on this issue.James R. OliverCC: Edmund Cohen@DAR. Bruce Burke@DCISent on 24 September 1998 at 11:12:17 AMUNCLASSIFIED
[104-10332-10023.pdf — page 5]
Central Intelligence Agency![Central Intelligence Agency logo]Washington, D. C. 20505## Declaration of EDMUND COHENI, Edmund Cohen, hereby declare and say:1.  I presently serve as the Director of Information Management for the Central Intelligence Agency (CIA or Agency). I have held this position since February 1994; I have also held the position of Director of the Office of Information Management since October 1997. I have served with the CIA for over 30 years in a variety of intelligence, legal, staff, and management positions.2.  As Director of Information Management, I am responsible for providing oversight and direction to the Agency's records and classification management activities, and information declassification and release programs. I am also responsible for the development and maintenance of automated tools to support these activities. I oversee classification and declassification policies, procedures, and practices. I manage the Agency Archives and Records Center, and serve as the CIA Archivist and the Agency Information Review Officer. I coordinate the conduct of special searches within the Agency and the release of information uncovered in such searches. I am also the Agency's official liaison with the National Archives and Records Administration and its Office of the Federal Register, with the Information Security Oversight Office, and with any other entities on any matters within the responsibility or authority of the Director of Information Management.3.  I make the following statements based upon my personal knowledge, information made available to me in my official capacity, the advice of CIA's Office of General Counsel, and the conclusions I reached in accordance therewith.