Francesco/who-killed-jfk huggingface dataset:
[104-10333-10008.pdf — page 31]
# MEMORANDUM OF UNDERSTANDINGBETWEEN THE DIRECTOR OF CENTRAL INTELLIGENCEAND THE SELECT COMMITTEE ON ASSASSINATIONS19 August 1977I. Preparation of MaterialsA. The Central Intelligence Agency (CIA) will cooperate fullyin the investigations conducted by the Select Committee on Assassinations(Committee) by providing access, as requested, to classified informationwithin the releasing authority of the CIA, and held by the CIA, that bearsupon the study and investigation authorized by H. Res. 222. CIA willnotify the Committee of any requested information held by CIA notwithin the releasing authority of the CIA, and notify the Committee of theproper authority to contact to obtain the information. No document or aportion of the document in the possession of CIA will be withheld withoutwritten notice of that action to the Committee. Access to all classifiedinformation designated for protection from unauthorized disclosure by theDirector of Central Intelligence (DCI) and currently held by any federalagency or department shall be governed by this memorandum.B. Documentary material will be made available as expeditiouslyand completely as feasible, subject to the responsibility of the DCI toprotect sensitive intelligence sources and methods. The Committee andCLA will periodically agree upon a list of identities that will not be excisedfrom materials turned over to the Committee. Subject to the list ofidentities that will not be deleted, CLA will appropriately sanitize, includingexcising if necessary, information to assure protection of informationidentifying sensitive sources and methods. When an excision is made,CIA will indicate the nature of the source or method excised, including thefunctional intelligence discipline which was the source of the intelligence.C. The Chief Counsel of the Select Committee on Assassinationsand a designated representative of the DCI shall meet monthly to discussa random sample of the complete and unsanitized materials selected bythe Chief Counsel for the purpose of verifying the appropriateness of thesanitizing done by the CLA. Those matters on which they do not agreeshall be referred to the Chairman, Ranking Minority Member, and theDCI for resolution.
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D. In making any excisions or other alterations of requested materials, CIA shall be bound by 18 U. S. C. Subsection 1505 and all other applicable statutes.## Request ProcedureA. The CIA element responsible for dealing with the Committee is the Coordination and Review Staff of the Office of Legislative Counsel (C&RS/OLC). All Committee requests for information will be conveyed to CIA only via the Coordination and Review Staff. Absent extraordinary circumstances, appointments with CIA employees and former employees will be arranged through the Coordination and Review Staff.B. All Committee requests for information will be in writing. In the interest of timely response, C&RS/OLC will accept preliminary telephone or other oral requests, but no information can be made available until a request is received in writing from the Chief Counsel or one of the Deputy Chief Counsels.## Staff ClearancePrior to access by Committee personnel to any material which has been designated for protection from unauthorized disclosure by the DCI, such Committee personnel will be granted security clearance by the Committee after consultation with the CIA. Committee personnel requiring access to such material will be required to execute, in advance, the attached Select Committee on Assassinations Nondisclosure Agreement.## Transcripts of Statements Under OathA steno-typist from either the Committee or the CIA will make a verbatim record of all statements of current CIA personnel taken under oath. One copy of the record will be made available to the Committee and the other to the CIA in accordance with the Rules of the Committee.## Examination of MaterialMaterials to which access has been granted by CIA will be reviewed in a CIA reading room set aside for this purpose or in a designated area within the Committee's offices.## Storage of MaterialsA. Committee procedures for control and storage of any documents or materials provided by the CIA which require protection will follow security standards and procedures established in consultation with, and approved by, the CIA.
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B. Upon the termination of the Committee, all materials provided by CIA and examined by the Committee will be kept and preserved within a segregated and secure area within CIA for at least 30 years unless the DCI and the House of Representatives agree to a shorter period of time. All persons having access to such materials must sign an access sheet indicating the date, the name of the person receiving access, the specific documents or materials to which access was granted, and the person who authorized the access.## VII. Disclosure of InformationA. The Committee will notify the DCI in writing of its desire to disclose, in any manner, including under the Select Committee on Assassinations Nondisclosure Agreement, any information that is designated for protection from unauthorized disclosure by the DCI. If within five days the Committee does not receive a letter from the DCI objecting to the proposed disclosure and stating the reasons for the objection, the Committee may disclose the information.B. If the DCI notifies the Committee within five days that he objects to the proposed disclosure and states the reasons for his objections, the Chairman of the Committee and the DCI, or their designated representatives, shall meet to attempt to resolve any differences over the information to be disclosed. If the Chairman of the Committee considers that the negotiations have reached an impasse, he will give the DCI a written notice to that effect, and the Committee will take no steps until at least 14 days thereafter to disclose the information in dispute.C. Any differences left unresolved by negotiation may become the subject of litigation. In any such action each party will be free to assert all its constitutional, statutory, or other legal rights, and the parties agree to be bound by the final outcome of any such action. If such an action is commenced by the Executive Branch but is disposed of without a judicial decision on the merits of the disclosure issue, the Committee agrees that it will not on that basis, or on the basis of its 14-day notice letter, disclose the information in dispute. This Agreement, however, is without prejudice to any of the Committee's other rights, privileges and responsibilities concerning the production by legal compulsion and disclosure of information, and the DCI's rights, privileges and responsibilities concerning the protection from disclosure of the information.![signature]Director of Central Intelligence19 AUG 1977Date![signature]ChairmanAugust 29, 1977Date3
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# CIA's HSCA JFK SEQUESTERED RECORDS - I5 August 1996BOXES 1-63 HARDCOPY MATERIALThe 63 boxes contain copies of material collected or prepared in response to over a thousand individual requests from HSCA. Boxes are grouped by responsible component. With the exception of the security files, there is no general subject grouping or order to the boxes. Individual boxes usually contain a mix of topics and types of documents, and there is much duplication through out the collection.Boxes 1-34 (Directorate of Operations): contains a mix of CIA, third agency (primarily FBI) and Warren Commission documents plus a significant amount of HSCA originated material*. These records cover a wide range of topics but focus on anti-Cuba/Castro activities and Oswald in USSR, Mexico City and New Orleans. Also included are responses to the large number of names traces requested by the HSCA staff, numerous copies of documents from the Oswald 201, the 1967 IG report, testimony of Richard Helms before HSCA, Nosenko material, CIA cable traffic.Boxes 35-36 (Inspector General): HSCA reports, Senate Select Committee reports, reports on Cuban operations, Book V of Church Committee final report.Boxes 37-38 (Office of the General Counsel): Cuban exile activities, Garrison investigation, name files.Box 39 (Directorate of Science & Technology): Photo comparisons of Hunt, Sturgis and the Dallas tramps; chart of frames from Zapruder film.Boxes 40-48 (Office of Security): name files.Boxes 49-63 (Office of Legislative Liaison): HSCA requests, notes, memos, correspondence and final report, plots against Castro, photos of unknown man, defector study, Nosenko, name files, Mexico City station files, FBI reports, Warren Commission reports.*approximately 30,000 pages of HSCA originated material has been removed from the files and transferred to the National Archives.
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5 August 1996CIA'S HSCA JFK SEQUESTERED RECORDS -- IIBOX 64 MICROFILMED MATERIALBox 64 contains 72 reels of microfilm. All but a small percentage of the materials are CIA-originated, and include cables, dispatches, memoranda, reports, and correspondence. Many of the reels contain a mix of subjects and types of material:Reels 1-20 Individual 201 files, mainly Cubans, some Americans and SovietsReels 21-22 Cuban Defector AMMUG-1Reels 23-25 DO Project Files, Garrison investigationReels 25-28 Cuban exile organizationsReels 28-30 Office of Personnel Files; Mexico City recordsReels 31-44 Oswald files; 201 file is duplicate of hardcopy fileReels 45-47 Nosenko; Mexico City recordsReels 48-49 CIA-HSCA Correspondence, 1967 IG Report, Cuban Mug Book, miscellaneousReels 50-56 Individual 201 Files (includes Cubela)Reels 57-60 Office of Personnel FilesReels 61-62 Nosenko, Golitsyn, anti-Castro activitiesReels 62-71 Cuban Revolutionary Council and other Cuban exile organizations.Reel 71-72 Project Files
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# Outline of Presentation to the BoardAugust 6, 1996I. Where we are in the process of CIA recordsWe have almost completed the Oswald 201 file.Size 17 boxesPostponements have been reviewed word by wordWe are now tuming to new areas for CIA recordsHSCA collection now housed physically just a few yards from hereTo be reviewed word by wordScelsoOswald in Mexico City by Hardaway and LopezJFK LibraryRelease this fall of many records related to CubaI am pleased to say -- and I offer this as my personal opinion -- that I have seen no example where the Board has postponed any information that bears directly on the assassination. I believe that the story is coming out with the records that are being released.II. Issue immediately before us is the CIA's sequestered collection.Mr. Pereira has described it from the perspective of the agency.The Review Board staff has been reviewing the record and has given the Board its own assessment of the status of the records.There are a great number of records in the sequestered collection that are highly relevant:Lee Harvey OswaldGeorges de Mohrenschildt "Elena Garro de PazAntonio de Varona (Frente RD)Silvia DuranRolando CubelaCRCBay of PigsCastro assassination attemptsWarren CommissionHSCAGarrison investigation
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-2-These types of records need to be reviewed on the same word-to-word basis as the board has reviewed records thus far.But we have a new problem: how should the Board review records from the sequestered collections where the relevance to the assassination is not clear.III. Examples where the staff has difficulty finding a nexus to the assassination in certain records.I will offer a few examples to provide you with a flavor of some of the issues we are confronting. The examples below are hypothetical and are loosely based upon our review of the files in order to illustrate the issues.A. The "false hit" categoryThe HSCA requested files from CIA on a great number of persons. In many instances the agency did not know why the files were requested, and accordingly it made available files that it had on the name that had been requested. Because names are not always unique, the agency sometimes made available files on individuals who were of no interest to the HSCA and who had no identifiable relation to the assassination.1. A very common name --- I will use as an example the name Robert Smith. The HSCA requested Robert Smith files because of an alleged connection between a "Robert Smith" and Lee Harvey Oswald in 1963. The Smith whose file was made available, however, was a CIA officer who died in 1956. The ARRB staff has reviewed the file and has discovered no relevance to the assassination.B. CIA operational files or 201 files.2. Cuban now living in the United States. CIA unsuccessfully attempted to recruit her to collect information on Cuba through her family and friends, but ultimately abandoned the effort. Neither she nor any of her hoped for contacts had any identifiable connection to the Oswald story or to the JFK assassination.3. Cuban cultivated for operational work against Castro in whom CIA lost interest when he was not able to meet operation standards.4. Soviet official at the Mexico City embassy during Oswald's visit, although he never had any personal contact with him. The Mexico City portion of his file ha been reviewed and released in part to NARA. The remainder of
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-3-his file covers his subsequent career in a European country, where CIA monitored him closely. This portion of his career - by far the largest part of his file - has no bearing on Oswald or the JFK assassination.## C. CIA officialsThere are many personnel files of CIA officers. The files often contain medical records evaluations, recommendations, and postings. They generally do not contain any operational details.5. CIA employee who was a Headquarters secretary for a major figure in the case. Her file consists of personnel records, medical records, and a polygraph, none of which has any identifiable bearing on the Oswald story of the JFK assassination.As anyone knowledgeable about the Kennedy assassination can testify, there is a bewildering number of allegations regarding CIA officials who have alleged connections to the assassination. The HSCA investigated some of these leads. Not all leads are successful.6. A CIA officer was allegedly in Dallas on November 22. An examination of the file suggests that the individual was not in Dallas, but was in Vietnam. There is nothing in the file that contains any apparent connection to the assassination.7. CIA official in Mexico City who was directly involved in matters related to Oswald's visit. Prior to and subsequent to the Mexico City tour, the officer was stationed at headquarters and at other locations in the world. With the exception of the portion related to Mexico City, the staff can identify no other documents that illuminate the assassination.## D. Summary of problems"First, establishing criteria for relevanceSecond, handling different types of recordsex. 1: entire file has no identifiable relevanceex. 2: some documents in a file have relevance, but others do notex. 3: portion of a document has identifiable relevance, but others do not
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# IV. Selected Statutory Provisions in The President John F. Kennedy Assassination Records Collection Act of 1992, 44 U.S.C. § 2107 (Supp. V 1994)Definition of Assassination Record"Assassination record' means a record that is related to the assassination of President John F. Kennedy, that was created or made available for use by, obtained by, or otherwise came into the possession of [the HSCA]." Sect. 3(2).Interpretation 1: All records in segregated collection are assassination records.Argument: the segregated collection are "assassination records" because a government agency examined them in the course of their investigation of the assassination.Interpretation 2: Only segregated collection records that actually relate to the assassination of President Kennedy come within the scope of the JFK Act.Argument: In order for a record to be an "assassination record" it must: (a) relate to the assassination of President Kennedy, and (b) have been used by, obtained by, or otherwise came into the possession of a government agency.Selected CFR Provisions:"All records collected by or segregated by all Federal, state, and local government agencies in conjunction with any investigation or analysis of or inquiry into the assassination of President Kennedy...." 36 CFR 1400.1(b)(2)""An assassination record shall be released in its entirety except for portions specifically postponed pursuant to the grounds for postponement of public disclosure of records established in . . . the JFK Act, and no portion of any assassination record shall be withheld from public disclosure solely on grounds of non-relevance unless, in the Review Board's sole discretion, release of part of a record is sufficient to comply with the intent and purposes of the JFK Act." 36 CFR 1400.5.
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# Staff Preliminary Suggestions to BoardA. Factors suggesting possible relevance to assassination:Unfortunately, there is no simple, clear, obvious method for determining relevance. Accordingly, rule of thumb guidelines need to be followed. The obvious rules of thumb to assist staff in identifying relevant documents would include:-- documents that obviously are related to assassinationCIA internal investigationsOswald recordsGarrison investigationCastro assassination attempts-- documents falling within certain dates (relevance of dates depends on issue under considerationdates associated with Oswalddates immediately around assassinationdates of Warren Commissiondates of Church Committee, HSCA investigations-- individuals of importanceCIA officials in Mexico CityDavid Atlee PhillipsWin ScottCIA officials in HQ involved in investigationJohn ScelsoJJ Angleton-- geographical relevance (USSR; Cuba; Mexico)B. Handling of records in sequestered collectionFirst, ARRB staff reviews all records and files in sequestered collection.Second, all documents that are found to be relevant will be subjected to word by word review of postponements by the Board. The staff will, over time, work with the Board to establish guiding criteria for identifying relevance. The focus will be on individuals and groups that have been identified as playing a role in the larger story of the assassination. Examples of individuals who have been identified as being a part of the greater story surrounding the assassination include David Atlee Phillips, Win Scott, James Angleton, etc. Groups include Cuban exile groups
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- 6 -(DRE, Alpha 66, etc.), Minutemen, etc.Third, for a file where no relevance can be found, the staff will write a memorandum identifying the file, describing the review process, and explaining the basis of finding no relevance. The staff memorandum will then be sent to the JFK Collection and be made fully available to the public.Fourth, for a file containing some relevant records, the relevant records will be subjected to the word by word review. Records for which the staff has been able to identify no relevance, a memorandum will be written to describe generally the type of records and explain the basis for finding no relevance.Fifth, with regard to the microfilm copy of the Oswald 201 file, the staff will review the entire file in order to determine whether there are any records in the file that are not included in the released version of the 201 file. If such records are identified, they will be subjected to the same word by word review as other records -- but the remainder of the 201 file will not be reviewed again.Sixth, in rare cases, portions of a document that genuinely have no identifiable relevance to the assassination, may be redacted consistent with the 1400.5.I recommend that the Board, in the near future, deliberate on the guidance that it wishes to give to the staff regarding these matters."
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# TESTIMONY BEFORE JFK BOARD, 6 AUGUST 1996## INTRODUCTIONIntroduce CIA participantsWe are pleased to provide information to the Assassination Records Review Board that might assist the Board in fulfilling its responsibilities under the President John F. Kennedy Assassination Records Collection Act. CIA is committed to full cooperation with the Board.Before addressing the subject of the sequestered collection directly, I would like to provide some background to help put the sequestered collection into some sort of context.In the spring of 1992, prior to the enactment of the JFK Assassination Records Act, then Director of Central Intelligence, Bob Gates issued instructions to begin reviewing for declassification all records related to the assassination.The CIA History Staff was charged with identifying the relevant records. Once this was done, the Historical Review Group took custody of these records and immediately began reviewing them for declassification for release to the National Archives.Once the Kennedy Assassination Records Act was passed, our goal became to release as many of the records as possible by the 22 August 1993 deadline established by the Act. Approximately 125,000 pages were transferred to the National Archives by that date.With subsequent releases, CIA has now declassified and transferred some 227,000 pages of material to the National Archives. Based on discussions with the Board, we are continuing to release additional information that had been redacted earlier.The remaining records are in various stages of review. Some require review by other agencies. Some is congressional material. Final decisions on other records are awaiting discussion with the Review Board.1
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# THE ASSASSINATION RECORDSIn identifying relevant records, we have followed the definitions in the 1992 Act and the related rules which were published in the Federal Register.The Kennedy assassination records in CIA consist of two major groups of files. One group consists of the documents in the Lee Harvey Oswald file--sometimes referred to as the "Oswald 201 file". These consist mainly of documents collected after the assassination and during the Warren Commission investigation.There are about 26,000 pages of material in the Oswald file. All but a handful have been declassified and sent to the National Archives.The second group is comprised of the "sequestered collection". These are the records that were made available to the House Select Committee on Assassinations, and which the Committee asked CIA to hold in safekeeping upon the completion of the Committee's investigation.Certain additional records, including 400 excerpts from minutes of the Director's morning meetings, and some working files, have been added to the overall collection since 1992.2
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# SEQUESTERED COLLECTIONFirst of all, every document in the sequestered collection is available to the Board for review. The documents are available in full, without redactions.The record shows that the sequestered collection consists of documents compiled in connection with the investigation of the House Select Committee on Assassinations (HSCA).A portion of the documents were created specifically in response to requests from the HSCA. Other records were already in existence prior to the creation of the Committee. Still other documents were created by the Committee itself. For example, notes of interviews conducted by the Committee's staff.Within the sequestered collection there are two major categories of records. One category consists of approximately 129,000 pages of hard copy. The second category consists of 72 reels of microfilm, or the equivalent of 163,000 pages of hard copy.The reason why the documents were sequestered-is explained in a Memorandum of Understanding signed by the Chairman Louis Stokes of the HSCA and DCI Stansfield Turner in August 1977. The Memorandum provides as follows:> "Upon termination of the Committee, all materials provided by CIA and examined by the Committee will be kept and preserved within a segregated and secure area within CIA for at least 30 years unless the DCI and the House of Representatives agree to a shorter period of time."In April 1979, Robert Blakey, Chief Counsel and Staff Director of the HSCA visited CIA Headquarters to complete the process of designating what materials were to be sequestered. All the documents made available to the Committee were included in the sequestered collection.