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Bonorable Rex C. Lee Solicitor General of the United States U.5. Department of Justice Washington, DC 20530

Dear Mr. Lee:

Re: John Cary Sims, et al. v. CIλ C.A. No. B2-2961 (D.C. Cir. June 10, 1983)

On 10 Jüne l983, the Court of Appeals, with Circuit Judge Bork dissenting in part, entered an opinion adverse to the Central Intelligence Agency (CiA). As you are aware, Circuit Judge Eöwards, speaking for the Court, held that the CIA had not properly sustained its clzims that certain individual researchers involved in the MKoLTRA project were "intelligence sources' for purposes of 50 0.s.C. S403(d)(3) and, thus, for exemption (>)(3) of the Freedom of Information Act (folA).

CENTRAL INTELLIGENCE AGENCY WASMING1OH. O.C. 70505

General Counsel

13 July 1983

ISSUES PRESENTED

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Under Sims-Il, most CIA case officers will feer personaliy obligated and duty-bound to warn their agents that the CIA cannot guarantee the anonymity essential to that relationship.

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in

Sincerely,

Stanley-Sporkin General Counsel

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Penny Bevis
Centor for National Security Studies
122 Maryland Avenue, NE
Washington, DC 20002

Dear Ms, Bevis:

This is a final reeponse to your 2 Auguet l9B3 Freedom of Information Act (FOia) request (your C-lél) for copies of CIA records documenting the comments of Agency case officere concerning the Sims test. The processing of your request included a search for records up through the date of our 17 Auguat l983 acceptance letter.

Ne have completed a thorough search for recorõs responsive to your request and located two documenta listed below which we have detetmined may be released to you in segregable form pursuant to FOIa exeaptions (b) (3) and (b)(5). In reference to exemption (b)(5), the Agency 1s aseetting the attorney-work product, attorney-client and deliberative process privileges as embodies in that ezemption. Copies of these documents and an explenation of exemptions are enclosed.

Documents

1. Undated notes.

2. Momorandum, 13 July 1983.

The official reaponsible for these determinatlons im Hr. J. Edyin Dietel, Deputy General Counsel of tho Central Intelligence Agency.

You have the right to appeal the atove declslons by addreasing your appeal to the CiA Information Review Committee, in my cora. Should you decide to do thie, pleass explain the basie of your appeal..

All. feesfor your partlcular request have been vaived.

We apologize for the longth of time it has taken us to complete 7 the processing of your request, but we have been inundated ty a large nuaber of requests ovar the paet eeveral years. Under the

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circumstances, we have done our best to be fair to all of our requesters. Thus, we established some years ago the policy of first-received, first-answered. Thank you for your patience and consideration while we were processing your request.

Sincetely,

Jeta l. ligat

John B. Wright Information and Privacy Coordinator

Enclosure

IPD/FPO/ksk/17 Apr 85 Distribution: Orig - Adse w/encl

1 - Chrono

--F83-0735 GIP (b)(3) (b)(5) Denier: J. Edwin Dietel, OGC; fees waived

GOECAL