OGC-93-51982 15 June 1993 MEMORANDUM FOR: Information and Privacy Coordinator - Chief, Historical Review Group DCI/IRO i FROM: Robert J. Eatinger, Jr. Assistant General Counsel Litigation Division, OGC SUBJECT: Lesar v. CIA, Proposed Settlement Agreement Sent to Jim Lesar, F91-1334 Attached for your files is a copy of the Stipulation of Settlement and Dismissal signed by the court in the referenced FOIA litigation. This case is over. Ce Robert ating Jr> Attachment HW 53217 DBocld:32404193 Page 2
, ~ , General. Counsel! IN THE FILED UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA JUN 07 1993 Clerk, U.S. Distry 3.1 ctc District of Columbia JAMES H. LESAR Plaintiff, Vv. CA No. 92-2215 CRR CENTRAL INTELLIGENCE AGENCY, Defendant. ee et es ee ee es ae STIPULATION OF SETTLEMENT AND DISMISSAL Plaintiff, James H. Lesar, and defendant, the ‘Central Intelligence Agency ("CIA") hereby stipulate and agree, subject to Court approval, as follows: 1. Defendant enters into this Settlement Agreement voluntarily, submitting that its actions have complied with the requirements of all applicable laws, rules and regulations. The parties agree that nothing in this Settlement Agreement is evidence of, or premised upon, a finding or admission of liability against the defendant, nor upon any violation of any applicable law, rule or regulation. 2. The records deemed to be at issue in this case are defined as those portions of the minutes of Director of Central — Intelligence ("DCI") Morning Meetings, for meetings held on or between November 22, 1963 and December 31, 1979, that pertain to the assassination of President Kennedy or any investigation thereof. 3. Defendant agrees to process the records as defined in paragraph 2 of this stipulation pursuant to the President John F. HW 53217 DBocld:32404193 Page 3
Kennedy Assassination Records GSlléctio6h AGt of 1992 (the “ARCA"), Pub. L. No. 102-526, 106 Stat. 3443 (Oct. 26, .1992) (to be codified at 44 U.S.C. § 2107 note). 4. Defendant agrees to provide to plaintiff, at no-cost, - copies of the documents, after processing by defendants under the following conditions: a. Where, after processing under the ARCA, records as defined in- paragraph 2 are to be released in full (without redaction) to the public and are transferred by CIA to the National “Archives and Records Administration ("NARA"), the CIA agrees to provide plaintiff with copies of such documents and _ the identification aids prepared by the CIA for such documents, within five (5) business days after their transfer to NARA; - b. Where, after processing under the ARCA, the CIA determines to postpone the public disclosure of portions of agency documents, under the standards contained in the ARCA, and notifies the Assassination Records Review Board (the "Review Board") of that decision, the CIA agrees to provide plaintiff with copies of such documents, redacted by the CIA to eliminate the information for which postponement of disclosure is sought, and the identification aids prepared for those documents within five (5) business days after the CIA transmits those documents to the Review Board; if appropriate, the identification aids prepared for such documents shall also be redacted to eliminate information for which postponement of disclosure is sought. Cc. Where, after processing under the ARCA, the CIA HW 53217 DBocld:32404193 Page 4
determines to postpone the public disclosure of agency documents in their entirety, under the stana@ards contained in the ARCA, and HW 53217 notifies the Review Board of that decision, the CIA agrees to provide plaintiff with either copies of the identification aids prepared for such documents (if the identification aids can be disclosed without revealing information for which postponement is sought) or a list identifying those documents, to the extent such a list can be constructed without disclosing information sought to be postponed. ad. Should the Review Board overrule the CIA's decision to postpone the release of information in the documents at issue and determine that information contained in agency documents previously withheld by CIA should be publicly disclosed, and the President of the United States does not overrule the Review Board's determination as provided in section 9(a) of the ARCA, the CIA agrees to provide plaintiff, at no cost, with copies of documents | containing the additional information ordered released by the Review Board within five (5) business days after the CIA transfers those documents to NARA. 5. Defendant's obligation to provide plaintiff with additional copies of documents ordered released by the Review Board shall terminate one (1) year after the termination of the Review Board. 6. Defendant agrees to pay plaintiff $120.00, representing plaintiff's filing fee. 7. In consideration of the foregoing, plaintiff agrees to DoclId: 327404193 Page 5
HW 53217 - APPROVED AND SO ORDERED: ‘dismiss the above-captioned case, with prejudice. 8. This stipulation contains the entire agreement of the parties concerning the subject matter of this litigation and shall be effective upon Court approval. _ . Respectfully submitted, STUART E. SCHIFFER Acting Assistant Attorney General uite 509 ; 918 F Street, N.W.. J. RAMSEY JOHNSON Washington, D.C. 20004 United States Attorney (202) 331-9260 Dated: _ IG A Ya oO ELIZABETH A. PUGH Attorney for Plaintiff PAMELA A. MOREAU U.S. Department of Justice Civil Division, Room 946 901 E Street, N.W. Washington, D.C. 20530 Telephone: (202) 514-5751 Dated: 5/2 8 73 Attorneys for Defendants wh | 02k, be DAT CHARLES R. RICHEY United States District Judge DoclId: 327404193 Page 6
HW 53217 DCI/OGC/RJE:ig 76105/ 15 Jun 1993 OGC-93-51982 Distribution: 1 - C/IP&CRD (w/att) 1 - C/HRG (w/att) 1 - DCI/IRO (w/fatt) 1 - Lit file (w/att) 1 - WGI (wo/att) . 1 - RJE Soft file (w/att) 1 - RJE Signer (wo/att) 1 - OGC Chrono (w/att) DoclId: 327404193 Page 7?