Released under the John F. Kennedy Assassination Records Collection Act of 1997 (44 Uset 2107 Hotey. DATE: 11-14-2017 JFK Assassination System Date: 3/31/20] . Identification Form Agency Information AGENCY: FBI ; RECORD NUMBER: — 124-10376-10485 RECORD SERIES: HQ “ AGENCY FILENUMBER: 62C-HQ-1029205-3150 Document Information ORIGINATOR: FBI FROM: HQ TO: WH TITLE: DATE: 08/03/1998 ‘PAGES: 16 SUBJECTS: | JFKARCA OF 1992 DOCUMENT TYPE: PAPER, TEXTUAL DOCUMENT - CLASSIFICATION: — Unclassified RESTRICTIONS: 3 CURRENT STATUS: _Redact DATE OF LASTREVIEW: 04/30/1999 OPENING CRITERIA: INDEFINITE COMMENTS : INC ENVELOPE, PETITION eee v9.1 . 204 Docld: 32321327 Page 1
Released under the John F. Kennedy Assassination Records Collection Act of 1997 (44 USc 2107 Hotes. * DATE: Director's Office _ Docld: 32321327 Page 2? 11-14-2017 % C) 7 O)} 40); ‘emgpee 2 August 3, 1998 The Honorable William J. Clinton President of the United States Washington, D.C. Dear Mr. President: For the reasons set forth in detail in the enclosure, this letter requests that you exercise your authority, under Section 9(d) of the President John F. Kennedy Assassination Records Collection Act of 1992, to postpone the public disclosure . Of three documents and a photograph ordered released by the Assassination Records Review Board. Consistent with the spirit of the Act, the Federal Bureau of Investigation (FBI) has cooperated extensively with the ‘Board and made the broadest disclosure of documents in the Bureau's history. In this instance, however, release of these items would severely invade the privacy interests of three private citizens and subject them to public ridicule and embarrassment with no discernable contribution to the public's understanding of the circumstances surrounding President Kennedy’s assassination or how that crime was investigated by the FBI. We are particularly concerned that the items, which have been marked “OBSCENE” for good reason, may be published on the Internet and will be available to minors following their release to the public. Moreover, we have been able to warn only one of the three persons whose character and reputation will be besmirched by the release of these items. The one person we have contacted strongly opposes the Board’s decision to release this material. i RA =. < pr? bin -S 1 - Director 1 -- Ms. Keeley, Rm. 11144 1 - Mr. Bryant 1 - Ms. Wilkins, Rm. 11144 1 - Mr. R. Bucknam 1 - Mr. Miller, Rm. 7338 1 - Mr. Collingwood 1 - Mr. Williams, Rm. 7338 1 - Mr. Parkinson 1 - ALU Library 1 - Mr. T. Kelley 1 - ALU Tickler 1 - Mr. P. Kelley Us aay JAW: JAW (14) . ee . BERD Ciim. Inv ORES, Crim. Jus. Info. Merete _ Beil, Gounss(M I~ Qw ™— maroom (]
Released under the John F. Kennedy Assassination Records Collection Act of 1997 (44 USC 2107 Hote; . DATE: 11-14-2017 O PETITION FOR -POSTPONEMENT UNDER SECTION 9(d) OF THE’ PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS COLLECTION ACT OF 1992 This petition requests, on behalf of the Federal Bureau of Investigation (FBI), that the President exercise his authority, under Section 9(d) of the President John F. Kennedy Assassination Records Collection Act of 1992' (the Act), to postpone public disclosure of three documents and a photograph ordered released by the Assassination Records Review Board (the Board). Each of the items is described below, and the items are attached at Tab A. The Board’s determinations concerning disclosure of the information in question are sét forth in a letter dated July 22, 1998, to the Director of the FBI. A copy of the letter is attached at Tab B. Under Section 9(d) of the Act, the President has the nondelegable authority to require postponement of disclosure under the standards set forth in Section 6 of the Act. The Standard for Postponement _Pursuant to Section 6 of the Act, disclosure of assassination records’ or particular information in such records may be postponed if there is clear and convincing evidence that: Preteens, pet, (3) the public disclosure of the assassination record could reasonably be expected to constitute an unwarranted invasion of personal privacy, and that invasion of privacy is so substantial that it outweighs the public interest The Senate Report on the Act provides no guidance with respect to the standard set forth in Section 6(3). 1 44 u.s.c. § 2107, note. 2 Defined by Section 3 of the Act to mean "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 .- any Executive agency... ." 3 S. Rep. (Governmental Affairs Committee) No. 102-328, 102nd Cong., 2nd 4 Sess. (1992), reprinted in 1992 U.S.C.C.A.N. 2965. Docld: 32321327 Page 3
Released under the John F. Kennedy Assassination Records Collection Act of 1997 (42 USC 2107 Hotes_ DATE: 11-14-2017 | ; OQ ; ax NY The Items at Issue The documents and the photograph ordered released by the Board are identified by the Board by the record number,: 124-10320-10228. The items are identified collectively by the FBI under file number 100-409763, Section EBF 18. For conven- ience, we shall refer to the documents and photograph by the last digital component of the record number assigned by the Board, 10228. , A The first document in item 10228 is identified as a “List of instructions, handprinted, beginning ‘Repeat entire instructions from the last test.’ The envelope containing the list is labeled “OBSCENE” in red pencil. The instructions include such things as “Give several enemas [,] ... [uj se needles very freely and deeply [,] .. . [olpen rectal area wider than in past [,] . . . tie his hands securely behind his back - have him face up on desk or table with legs spread eagled and securely tied and insert into testicles red hot needles ... .” (Emphasis in original.) : The’ second item in 10228 is a photograph provided to the Bureau in 1968 by a member of the Dallas County (Texas) District Attorney’s Office. The envelope containing the - photograph is labeled “OBSCENE” in red pencil. The photograph is identified as “Obscene photograph of MARK LANE.” It depicts an adult male lying on his side in bed with his hands apparently bound behind him. The subject is nude, apparently sexually aroused, and his testicles are being handled by a person outside of the photograph. The subject apped¥s to-be grimacing in pain. The third item in 10228 is a transcript identified as a “Statement taken on January 30, 1962, from PHYLLIS DENISE GOLDEN.” The envelope containing the transcript is labeled “OBSCENE” in red pencil. In the six-page transcript a woman identifies herself as Phyllis Denise Golden. She describes in detail a series of sexually abusive acts which she performed on a man she knew as Mark Lane. . The fourth item in 10228 is a transcript identified as a “Statement taken on January 30, 1962, from ELIZABETH LEE STEPHENSON.” The envelope containing the transcript is labeled “OBSCENE” in red pencil. In the six-page transcript a woman identifies herself as Elizabeth Lee Stephenson. She describes in detail a series of sexually abusive acts that she performed on a man she knew as Mark Lane. Docld:32321327 Page 4 /