104-10337-10003 i f 4 Po Allens tof. GCF? Po L900? “eat Mr. James H. Lesar 918 F Street, N.W., Room 509 Washington, D.C. 20004 Reference: F92-1087 Dear Mr. Lesar: This is further to our letter dated 11 June 1992 regarding your 18 May 1992 Freedom of Information Act (FOIA) request for. "all records reviewed by the Historical Review Group" regarding “the assassination of President John F. Kennedy.” AS you are aware, the Director of Central Intelligence has made the decision to have all of the previously withheld John F. Kennedy documents reviewed under the CIA‘s Historical Review Program. Once the review has been completed, we will provide you with whatever CIA records are released. However, because of the volume cof material involved, we cannot tell you at this time how long the review will take. As a matter of administrative discretion, fees will not be assessed in this particular instance. Meanwhile, we will appreciate your patience while we complete the review of the material referred to above. ‘df yaa) John H. Wright Information and Privacy Coo inator OIT/IMG/IP&CRD/£po/tj/29MAY92 Distribution: Orig — Adse 1 - Chrono 1 = IP&CRD/F92-1087 ACK; review of JFK documents = TPECRD/ALB ATTN: Debbie for JFK litigation file - - DCI/HS Attn: JPereira 316 Ames w/copy incoming - coordinated by phone 6/24/92 1 - fpo ID# 27183
13-00000 t file - VFR CENTRAL INTELLIGENCE AGENCY WASHINGTON, D.C. 20505 Office of General Counsel OGC-92-51849 13 July 1992 Richard R. Brown, Esq. U.S. Department of Justice Civil Division, Room 946 901 E. Street, N.W. Washington, D.C. 20530 Re: Allen v, ‘DOD, Declaration of John F. Pereira Dear Mr. Brown: Please find enclosed for filing in the referenced case the Original declaration of John F. Pereira, Chief of the Historical Review Group, Central Intelligence Agency. Feel free to call me with any comments or questions. Sincerely, Assistant “Géneral Counsel Enclosure
¥3-00000° Lf ao oe Allen v. DOD - Cover Letter with attached Declaration of John F. Pereira OGC-92-51849 DCI/OGC/LD/RJEatinger:dak 76105/13 July 1992 Distribution: Orig - Adse. w/att - John F. Pereira, C/HRG w/att ~ EC (FYI) w/att - WGJ (FYI) w/att ~ RJE Signer w/att OGC Registry w/att ~ MAT (Declaration Chrono) w/att - KTK (Reference File) w/att - Lit File: Mark A. Allen v. DOD. et al. w/att food fod feok fed fend rt fed fd |
13-00000 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MARK A. ALLEN Plaintifet, OGC-92-51849 Vv. . Civil Action No. 81-2543 TAF DEPARTMENT OF DEFENSE, et al., Defendants. Re Maas ans? Treg? Meas? Nans? Ma? Tage? Tee? Mel DECLARATION OF JOHN F. PEREIRA CHIEF, HISTORICAL REVIEW GROUP —_____ CENTRAL INTELLIGENCE AGENCY I, JOHN F. PEREIRA, hereby declare and say: 1. I am the Chief of the Historical Review Group (HRG) of _ the Central Intelligence Agency (CIA or Agency). I have held this position since the HRG was established in April, 1992. My responsibilities include management of the Historical Review Program, supervising the staff of the HRG, and directing coordination of the review process with both Agency components and other agencies. | 2. I make the following statements based upon my personal knowledge, and upon information made available to me in my | official capacity. I submit this declaration in response to the Plaintiff's Motion To Compel Defendants To Reprocess All Records At Issue In This Case. | 3. The Agency's Historical Review Program was established by the Director of Central Intelligence (DCI) to make
13-00000 t significant historical information available to the public without damage to the national .security interests of the United States. The Program operates pursuant to the policies and procedures approved by the DCI on April 28, 1992 and to be published in Agency regulation-HR 70-14. Pursuant to these policies and procedures, the Agency will transfer records declassified and approved for release under the Program to the ‘National Archives and Records Administration for public use. 4. The HRG i's responsible for the declassification review ‘of records under the Program in accordance with the policies and procedures approved by the DCI and additional guidelines ' that may be promulgated by the Director, Center for the Study of Intelligence, with the approval of the DCI. The HRG is required to consult with the Agency Archivist and responsible directorate and DCI area Information Review Officers during the declassification- review process. The policies and procedures “~~ as prescribe an intra-agency appellate procedure by which Agency components may appeal determinations by the HRG that certain records or portions of records qualify for declassification under the Program. The final appellate authority regarding declassification decisions under the Program is the DCI. 5. Under the Historical Review Program, individual documents will be released in full, withheld in full, or released in part. . When a document cannot be released in full, the HRG will make an effort to sanitize the document by deleting those portions that may not be declassified, or that 2
13-00000 may not be made public for other lawful reasons. However, under the policies and procedures approved by the DCI, efforts to sanitize documents will be made only when the effort will not unduly slow the pace of the review, will not obscure the record's essential significance, and will not distort the document's bibliographical identity. Documents that cannot be sanitized according to these criteria will be withheld in full ‘under the Program. 6. The first’ group of records to be reviewed under the Program has been selected by the DCI. He has directed the HRG to review for declassification under the Program all CIA records related to the assassination of President John F. Kennedy. The HRG is presently reviewing these materials as a priority matter. However, the HRG is also reviewing materials relating to other matters of historical interest. The materials relating tc the assassination ef President Kennedy comprise approximately 63 boxes of documents and one box containing 72 or 73 reels of microfilmed documents. We estimate that the total number of pages involved to be approximately 250,000 to 300,000. We estimate that approximately 27 percent are documents originated by other government agencies with which the HRG will need to coordinate before declassifying or sanitizing. these documents. 7. I currently estimate that the HRG will take approximately six to twelve months to review the documents related to the assassination of President Kennedy. This time 3
13-00000 * period does not include the time it will take to coordinate other-agency documents with their originating agencies. My estimate also does not include the time period for any appeals that Agency components may initiate regarding decisions by the HRG to declassify documents. . I declare, under ‘penalty of perjury, that the foregoing is true and correct. Executed this _“r4 day of July 1992. JOHN F. PEREIRA
13-00000 RPEDTITRL MEE CB EDT SE EGP Ba i fey eee gee 2000 3 1kuG 1992 Mr. John Judge Committee for an Open Archives P.O. Box 6008 Washington, D.C. 20005 References: F92-1724 F92-~-1267 Dear Mr. Judge: This is to acknowledge receipt of your 14 August 1992 letter wherein you requested an amendment of your earlier request (F92-1267) by adding to the original query the following: “1)Cllists or indexes of all materials concerning Lee Harvey Oswald and the assassination of President Kennedy that have been released under the provisions of the FOIA... 2){l]ocation and hours and terms of public access to the FOIA-required reading room for such documents. 3){a] copy of all documents on the topics mentioned above that have been declassified under the Historical Review Program but not transferred to NARA for public availability” [with the exception of the 124 pages of material in the Oswald pre-assassination file which you indicated that you have obtained]. 4){a]n annual list of all documents declassified under the Historical Review Program and transferred to the NARA when such a list is compiled.” This request for additional information has been assigned a separate reference number, F92-1724, and all future correspondence with respect to the additional information requested will be addressed accordingly. With respect to Item 1 of your request, enclosed are machine printouts listing previously released documents on the subjects of John F. Kennedy and Lee Harvey Oswald. Please review the printouts bearing in mind that there may be
13-00000 > duplicates, check the items you want, return the printouts to us, and we will gladly reproduce the items you choose for a cost of ten cents per page less the first 100 pages to which you are entitled free of charge. A copy of our schedule of fees is also enclosed for your information. With respect to Item 2 of your request, this agency offers its reading room in those instances where documents have been released but have yet to be indexed in our system of previously released material. The material you have requested has been indexed and the printouts are enclosed for your personal use. For your information, however, the reading room is located in Rosslyn and is open Monday through Friday from 7:30 a.m. to 5 p.m. We do request that appointments be made at least two weeks in advance. With respect to Item 3 of your request, other than the 124 pages of material which you have received, no additional information has been declassified under the Historical Review Program at this time. However, this office has been informed that it is expected that the review of six linear feet of material from the Oswald file will be complete and subsequently transferred to the National Archives and Records Administration (NARA) within a month for availability to the public. We are unable to assist you with Item 4 of your request as we are unable to accept a request for material which does not exist. As we advised you on 29 June 1992 with respect to your F92-1267 request, we have been advised that no such lists have been compiled to date, but that the Agency does intend to publish an annual index through the Historical Review Program which will identify CIA documents released in whole or in part during the preceding year and which were subsequently transferred to NARA for availability to the public. We are uncertain as to when such an index will be compiled and, therefore, are unable to assist you with that portion of your request at this time. With respect to your request for a fee waiver, since the material listed on the enclosed printouts has been previously released to numerous requesters and is already in the public domain, its re-release would not contribute significantly to the public understanding of the operations and activities of the United States Government. Therefore, your request for a fee waiver is denied and you will be required to pay copying costs as described above.
13-00000 r Meanwhile, we trust that the information provided above and the enclosed material have satisfied your request. Singerely, John H. Wright Information and Privacy Cog Enclosures OIT/IMG/IP&CRD/£po/£aj/25AUG92 Distribution: Orig - Adse 1 —- Chrono 1 - IP&CRD/F92-1724 GIF 1 ~- CR F92-1267 (Judge) _alLwanG/DCI/CSI/HRG Attn: John Carver, 1003 Key Bldg. - coordinated by phone 8/26/92 1 - £po ID# 28327
13-00000. 0 4SEP 1992 Mr. Richard W. Sullins 218 Westover Drive Burnsville, North Carolina 28714 Reference: F91-1465 Dear Mr. Sullins: This is to acknowledge receipt of your 26 May 1992 letter, . wherein you requested documents from a machine printout provided to you on 24 September 1991 in response to your 31 August 1991 request for additional documents pertaining to the assassination of John F. Kennedy. Enclosed sz Deg leone 98) docunents you selected consisting of 67 pages of material Mee you have already received the first 100 pages to which you are entitled “sq free of charge as a requester in the "all other" category, at ten cents per page, the total cost for the enclosed material plus the additional 17 pages that you received on 24 September is $8.40. Therefore, please send your check or money order to me made payable to the Treasurer of the United States citing Reference No. F91-1465 to ensure proper credit to your account. Also enclosed is one page of the printout’ that you returned to us wherein you requested the material highlighted in yellow consisting of 153 pages. We are unable to locate this material which was originally input into our system of previously released material as a batch of documents rather than individual documents. This material ha&S recently been reviewed for duplication and input by individual document. Therefore, we are enclosing the most current machine printout of previously released material which should contain the material by document versus subject. If you wish documents from the current printout, please check the items you want, return the printout to us, and we will reproduce the items you choose for a cost of ten cents per page. Please accept our apology for this inconvenience.
13-00000 | With respect to paragraph 3 of your letter concerning “documents now being processed for release as mentioned this month by Director Gates during his testimony before the Senate Government Operations Committee on 12 May 1992,° the Director of Central Intelligence has made the decision to have all of the previously withheld John F. Kennedy documents reviewed under the CIA's Historical Review Program. Once the review has been completed, the material will be transferred to the National Archives and Records Administration (NARA) for availability to the public. For your convenience, the address for NARA is listed below: Archives Review Branch Records Declassification Division Room 18W National Archives and Records Administration 7th & Pennsylvania Avenue N.W. Washington, D.C. 20408 Meanwhile, we trust that our response to your F91-1465 request has assisted you with. your endeavor. iSincer ly, @ John H. Wrig Information and Privac ordinator Enclosures OIT/IMG/IP&CRD/fpo/faj/6JUN92 Distribution: Orig ~ Adse 1 = Chrono ‘a 1 - IP&CRD/F91-—1465 follow-up OWES $8.40 (all other) 1 - fpo for JFK =<" 0/DCI/CSI/HRG 1003 Key Bldg. Attn: JCarver - no | records on JFK have been transferred to NARA to date ID# 27288
13-00000 » gemeern—, (RE Co IS ide cL P.d/d OGC-92-52633 29 September 1992 NOTE: Director, Center for the Study of Intelligence — FROM: W. George Jameson Chief, Litigation Division, OGC SUBJECT: Coordination of Document Hol 9 PES Pus ing +c, crt _ Ongoing Litigation OLLEC 19) RELE LASSE | IN BER? ane: iy Derk —— Siar 0 EA Pa cH} i 1. This is a follow-up to our discussion of 25 September, in connection with the Cahn case, regarding the need for prior coordination between OGC and CSI when materials under historical review are also the subject of ongoing litigation. There seems to have been some confusion over the release of material to the National Archives last week, and I agree that - we should ensure a mutual understanding about how the process will work in the future. 2. As I indicated, it is essential that OGC review, prior to release, the Agency's determination to withhold material reviewed under the Historical Review Program (HRP) if the material is the subject of ongoing litigation.. I understand your concern that the HRP material be reviewed and, if declassified, released as quickly as possible in order to implement the DCI‘s mandate. My objective is to ensure the legal sufficiency of the Agency/HRP position, as well as to address any inconsistencies in the positions taken by other .components on material involved in the litigation. 3. It is clear that there will need to be further discussion about coordinating releases under FOIA and the HRP to sort out how the process should work. For example, it has been Agency policy in connection with FOIA requests and related litigation to avoid piece-—meal releases whereby some material is released before the remaining information that is subject to the request has been processed. This may changé in light of recommendations coming out of Ed Cohen's task Force, but it would be useful to discuss how the HRP would like to operate in light of this policy. 4. I am confident that these procedural issues can be worked out to our mutual satisfaction and will contact John Pereira and Jack Wright, the FOIA and Privacy Coordinator, to try to establish some ground rules for the future. W. NOs cc: John H. Wright
13-00000 EY 1 GNOV 1992 Mr. Timothy C. Autry ATRTX-008 P.O. Box 786 ‘Troy, North Carolina 27371 Reference: F92-2351 Dear Mr. Autry: & This is to acknowledge receipt of your 26 October 1992 Freedom of Information Act request for “the latest released 34 decuments pertaining to the Lee Harvey Oswaid.* Enclosed are the 206 pages of releasable material to which you refer. This material, which was contained in the CIA pre-assassination 201 file on Lee Harvey Oswald, was recently transferred to the National Archives and Records Administration for availability to the public. Please note that some of this material may have been released in the past. Since you are entitled to the first 100 pages free of charge as a requester in the “all other" category, the total cost to you is $10.60. Please send your check or money order to me made payable to the Treasurer of the United States citing Reference No. F92-2351 to ensure proper credit to your account. A copy of our schedule of fees is also enclosed for your information. * We trust that the information provided has satisfied your request. Sincerely, Ns* “SA fl Lag Soh A. wright ° vA Informaffion and Privacy cop ibs Ne, Enclosures OIT/IMG/IP&CRD/fpo/faj/13NOV92 Distribution: Orig - Adse i -— Chrono 1 -—. IP&CRD/F92-2351 GIF; OWES $10.60 (all other) __L_=-BCI/CSI/HRG Attn: JCarver 1003 Key Blidg l - f£po JFK/Oswald ID# 29155
13-00000 OGC-92-53173 3 December 1992 MEMORANDUM FOR: Information and Privacy Coordinator DCI/IRO FROM: Robert J. Eatinger, Jr. Assistant General Counsel Litigation Division, OGC SUBJECT: James H. Lesar v. CIA, No. 92-2215 (D.D.C.), Case Dismissed Without Prejudice, F91-1334 1. During a status call today to discuss the subject Freedom of Information Act case, the judge, unexpectedly, dismissed the case without prejudice. Plaintiff may orally reinstate the case within 90 days. The judge dismissed the case after the parties, at his direction, had met outside his chambers to discuss a way to resolve the case. 2. Despite the dismissal, and because it is without prejudice, the parties agreed to attempt to resolve the FOIA request as follows. Mr. Lesar will provide the Agency with a letter that specifically defines what he means by "any executive conference of CIA officials" and that narrows the time frame of his request. CIA will then review the letter and determine whether and how it can respond. 3. Mr. Lesar said he used the term "executive conference" because that is how Mr. Marchetti described certain meetings. From the discussions, it sounds like Mr. Lesar is looking for minutes of Executive Committee meetings. He also indicated that he is most interested in the period late-1963 until 1980. However, we will wait until Mr. Lesar provides us with his letter. For now, no searches need to. be conducted.
13-00000 gerne JAMES H. LEsaR ATTORNEY aT Law . - IMATION @18 F STREET, N.w.. ADOM soa : ‘ wee WASHINGTON, D.C. 20004 Sa eee TELEPHONE (2Q 2) 393-19 ai January 4, 1993 Richard R. Brown VIA SSENG Trial Attorney U.S. Department of Justice Civil Division, Room 346 901 E Street, N.W. Washington, D.C. 20530, Re: Civil Action No. 81-2543 TAF (D.D.C.); ‘ Mark A, Allen v. Dept. of Defense, et al. Dear Rich: Thank you for your letter of December 23, 1992, outlining de- fendants‘ counter~proposal for settlement of the above case. In general, the settlement terms you have set forth are ac~- ceptable to my client. There are, however, two additional matters which must be included in. any settlement agreement. The first can- cerns attorney's fees. My Client insists that he will not settle this case without an acceptable provision for payment of attorney's fees. The amount of attorney's fees at issue is not great, a little over $6,000, so I hope that this issue will not be an ob~ stacle to settlement. we Seconda, although my client understands the problem that searching for copies of “congressional records“ would cause, and is willing to drop his demand that such records be processed first, there is one particular record which he still wants processed before any others. This is the House Select Committee's 375-page report on Lee Harvey Oswald's activities in Mexico City several weeks prior to President Kennedy's assassination. As you may recall, at a time when your predecessor, Stephen Hart, represented the defendants, the CIA,. as part of a stipulation between the parties, wrote the Clerk of the House of Representatives and inquired whether this document could be processed for release to Mr. Allen under the provisions of the Freedom of Information Act. The Clerk of the House, Mr. Donald K. Anderson, replied that under the Rules of the House and precedents thereunder, he nust withhold consént and request that the CIA not process the draft study en- titled “Lee Harvey Oswald, the CIA and Mexico city" for possible disclosure. (A copy of Mr. Anderson's September 9, 1988 letter is enclosed.) With passage of the President John F. Kennedy Assas- sination Records Collection Act of 1992, any impediments to proc~ essing this record for release to Mr. Allen have been removed.
13-00000 | | Dr eee ee eS 2 If your clients will agree to-these additional provisions, then my client will agree to the dismissal of this case with preju- dice. After you have had a chance te consider this response, please give me a call. I should be available for a period of time right before noon, and again between 3:15 and 6:00 p.m. Sincerely yours, , . a nd # vanes H. Lesar
13-00000 Section 5, (c)(1), of the "President John F. Kennedy Assassination Records Collection Act of 1992", signed into law by former President George Bush on October 26, 1992, reads "not later than 300 days after the date enactment of this Act, each Government office shall review, identify and organize each assassination record in its custody or possession for disclosure to the public, review by the Review Board, and transmission to the Archivist." Additionally, subsection (2) (A) directs "in carrying out paragraph (1), a Government office shall determine which of its records are assassination records." Subsection (G)(2), requires this Bureau to "give priority to the identification, review, and transmission, under the standards for postponement set forth in this Act, of assassination records that on the date of enactment of this Act are the subject of litigation under Section 552 of Title 5, United States Code." Mark A. Allen, on April 6, 1981, requested all records concerning the House Select Committee on Assassinations (HSCA) investigation into the assassination of President John F. Kennedy. Allen initiated his law- suit in U.S.D.C., D.C. on May 22,1981, demanding the release to him of the requested records. The Allen litigation clearly falls within the guidelines of subsection (G) (2) of the JFK Act, therefore, it is our goal to determine which records fall within the JFK Act definition of "assassination records". Set forth below are the criteria which should be utilized to make a determination: 1.) Any mention of JFK and/or any Kennedy surname; 2.) Any document captioned "Assassination of President John F. Kennedy, Dallas, Texas, November 22, 1963"; 3.) Any information regarding assassination threats and/or allegations against any State or Federal . Government official; 4.) Any information and/or allegation concerning assassination plots against Cuban leader Fidel Castro; 5.) Information concerning the. Cuban "Bay of Pigs Operation," which was sanctioned by the Kennedy Administration; 6.) Any reference to the attached list of "JFK core®™ and “related® subject matters which are currently being examined by the JFK Task Force.
13-00000 PREVIOUSLY PROCESSED PERTINENT FILE NUMBERS ®CORE" SUBJECTS JFK ASSASSINATION HQ 62~-109060 DL 89-43 NO 89-69 NO 97-74 BA AUTOPSY 89-30 WARREN COMMISSION HQ 62-109090 DL 62-3588 NO 62-3702 LEE HARVEY OSWALD HQ 1005-82555 DL 100~10461 DL 9~1984 NO 100-16601 MX 105-3702 LR 105-406 NK 1005-15291 ‘JACK RUBY HQ 44-24016 DL 44-1639 NO 44-2064 "RELATED" SUBJECTS MARINA: OSWALD HQ 105~126032 DL 105-1435 NO 100-16926 GEORGE DEMOHRENSCHILDT HQ 100-32965 DL 105-632 MARGUERITE OSWALD HQ 105~-147805 HQ 9-43042 ; HQ 9-41624 NO 100-17279 CLAY SHAW HQ 44~41824 DAVID FERRIE HQ 105~104340 RUTH PAINE - HQ. 105-126128 MICHAEL PAINE HQ 105-126129 be a8 2
13-00000 ALPHABETICAL LIST OF PERTINENT NAMES ASSASSINATION OF PRESIDENT JOHN F. KENNEDY, DALLAS, TEXAS, NOVEMBER 22, 1963 (COMMONLY REFERRED TO AS JFK ASSASSINATION) BERNARD, ALTON (PEN NAME, CLAY SHAW) BERTRAND, CLAY (AKA., CLAY SHAW) BERTRAND, CLEM (AKA., CLAY SHAW) CLAVORIE, MARGUERITE (MAIDEN/NEE NAME, MARGUERITE OSWALD) DE(de)MAHRENSCHILDT, G. DE(de)MARENSCHILDT, GEORGE DE(de) MOHRENSCHILDT, GEORG DE(de)MOHRENSCHILDT, GEORGE (SOMETIMES USES THE TITLE OF BARON) DE (de) MOHRENSCHILDT, GEORGE SERGIUS - DE(de)MOHRENSCHILDT, JERZY DE(de)MORENSCHILDT, GEORG -DE(de)MORENSCHILDT, GEORGE DE(de)MORENSCHILDT, GEORGE SERGIUS DE(de)MORENSCHILDT, JERZY EKDAHL, EDWIN (MRS.) (AKA., MARGUERITE OSWALD) EKDAHL, MARGUERITE (AKA., MARGUERITE OSWALD) FERRIE, DAVID FERRIE, DAVID WILLIAM HIDELL, A.J. (AKA.,LEE HARVEY OSWALD) HIDELL, ALEK J. (AKA., LEE HARVEY OSWALD) HIDELL, ALEX (AKA., LEE HARVEY OSWALD) HYDE,’ RUTH (MAIDEN/NEE NAME, RUTH PAINE) HYDE, RUTH AVERY (MAIDEN/NEE NAME, RUTH PAINE) JFK ASSASSINATION (COMMON NAME FOR ASSASSINATION OF PRESIDENT JOHN F. KENNEDY, DALLAS, TEXAS, NOVEMBER 22, 1963)
13-00000 LEE, O.H. (AKA., LEE HARVEY OSWALD) MAHRENSCHILDT, G. MAHRENSCHILDT, JERZY MARENSCHILDT, GEORGE MCKENZIE, WILLIAM A. (MARINA OSWALD'S 2ND ATTORNEY) MOHRENSCHILDT, GEORG MOHRENSCHILDT, GEORGE (SOMETIMES USES THE TITLE BARON) MOHRENSCHILDT, GEORGE SERGIUS MOHRENSCHILDT, JERZY MORENSCHILDT, GEORG MORENSCHILDT, GEORGE MORENSCHILDT, GEORGE SERGIUS MORENSCHILDT, JERZY NIKOLAEVNA, MARINA (AKA., MARINA OSWALD) OSWALD, OSWALD, OSWALD, OSWALD, OSWALD, OSWALD, OSWALD, OSWALD, OSWALD, LEE HARVEY LEE HARVEY (MRS.) (AKA., MARINA OSWALD) MARGUERITE MARGUERITE CLAVORIE MARGUERITE FRANCES MARINA MARINA NIKOLAEVNA MARINA NIKOLAEVNA PRUSAKOVA ROBERT EDWARD LEE (MRS. ) (AKA. ,MARGUERITE OSWALD) PAINE, MICHAEL > PAINE, MICHAEL (MRS.) (AKA., RUTH PAINE) PAINE, MICHAEL RALPH
13-00000 PAINE, RUTH PAINE, RUTH AVERY PAINE, RUTH HYDE PIC, JOHN EDWARD (MRS.) (AKA., MARGUERITE OSWALD) PIC, MARGUERITE (AKA., MARGUERITE OSWALD) PORTER, PORTER, PORTER, PORTER, _ PORTER, PORTER, PORTER, PORTER, KENNETH J. (MRS.) (AKA., MARINA OSWALD) KENNETH JESS (MRS.) (AKA., MARINA OSWALD) MARINA (AKA., MARINA OSWALD) MARINA N. OSWALD (AKA., MARINA OSWALD) MARINA NIKOLAEVNA (AKA., MARINA OSWALD) MARINA NIKOLAEVNA OSWALD (AKA., MARINA OSWALD) MARINA NIKOLAEVNA PRUSAKOVA (AKA., MARINA OSWALD) MARINA NIKOLAEVNA PRUSAKOVA OSWALD (AKA., MARINA OSWALD) PRESIDENT'S COMMISSION ON THE ASSASSINATION OF PRESIDENT KENNEDY ~ (COMMONLY REFERRED TO AS WARREN COMMISSION) PRUSAKOVA, MARINA (MAIDEN/NEE NAME, MARINA OSWALD) PRUSAKOVA, MARINA NIKOLAEVNA (MAIDEN/NEE NAME, MARINA OSWALD) RUBINSTEIN, JACK (AKA., JACK RUBY) “ RUBY, JACK SHAW, CLAY SHAW, CLAY LAVERGNE SHAW, CLAY R. SHAW, CLAY W. SHAW, LABARGNE (AKA., CLAY SHAW). THORNE, JOHN M. (MARINA OSWALD'S 1ST ATTORNEY) VON (von) MAHRENSCHILDT, G. VON (von) MARENSCHILDT, GEORGE
13-00000 VON (von) MOHRENSCHILDT, GEORG VON (von) MOHRENSCHILDT, GEORGE (SOMETIMES USES THE TITLE BARON) VON (von) MOHRENSCHILDT, GEORGE SERGIUS VON (von) MOHRENSCHILDT, JERZY VON (von) MOHRENSHILDT, JERZY VON (von) MORENSCHILDT, GEORG VON (von) MORENSCHILDT, GEORGE VON (von) MORENSCHILDT, GEORGE SERGIUS VON (von) MORENSCHILDT, JERZY WARREN COMMISSION (COMMON NAME FOR THE PRESIDENT'S COMMISSION ON THE ASSASSINATION OF PRESIDENT KENNEDY) ‘WHITE, ALLEN (PEN NAME, CLAY SHAW)
13-00000 - $ R ¢ OGC-93-50236 1 February 1993 MEMORANDUM FOR THE RECORD SUBJECT: Allen v. DOD, Telephone Conversation with Steve Ross 1. On 28 January 1993, I returned the telephone call of Steve Ross, General Counsel of the House of Representatives. Mr. Ross had spoken with the CIA GC earlier in the day. He advised me that he had spoken with Jim Lesar about the draft House report on Oswald's activities in Mexico City that Mr. Lesar wants expeditiously processed and released to him as a condition of settling the subject FOIA litigation. 2. Mr. Ross said he told Mr. Lesar that the House had an interest in whether the draft report was considered subject to the plaintiff's FOIA request to CIA. He told Mr. Lesar to send him a letter stating Mr. Lesar's position, including a chronology of the court's treatment of House-originated materials. After Mr. Ross receives the letter, he will review it and provide Mr. Lesar with the House's position. Mr. Ross is aware that the parties must report back to the court on 8 February 1993 and promised Mr. Lesar to have a position before then. 3. Mr. Ross stated that the House is concerned with the propriety of providing Mr. Lesar special access to a congressional document, that is not subject to the FOIA, before members of the general public. . Litigation Division, OGC
13-00000 DCI/OGC/RJE:ig 76105/ 1 Feb 1993 OGC-93-50236 Distribution: fot pot fab fed fad fad fab pak pa a Jack Wright John Periera David Pearline Lit file # WoT - RJE Soft file RJE Signer OGC Chrono
13-00000 ° OGC-93-50916 26 March 1993 MEMORANDUM FOR: Information and Privacy Coordinator Chief, Historical Review Group FROM: Robert J. Eatinger, Jr. Assistant General Counsel Litigation Division, OGC SUBJECT: Allen v.._DOD, Conference Call with DOJ and NARA about JFK Material Delivered to NARA last Summer 1. Today, I spoke with Rich Brown (DOJ) and Mary Rownan (NARA) about the Agency's need to get copies of the JFK materials it had sent to NARA in August/September 1992. I advised Ms. Rownan that the Agency did not retain copies of records that it had released to NARA in full (such as third-agency material). 2. Ms. Rownan stated that NARA would not want to return the documents to CIA, however, CIA could come to NARA and make copies at 10 cents per page. In order to avoid the costs, I asked whether the Agency could bring its own copier or own paper. She said we could. She will try to find space for us to make the copies. She said she would call John Pereira Monday afternoon. Ms. Rownan also advised that NARA had not prepared identification aids for any of this material. 3. Ms. Rownan advised us that Diane Dimkoff of her office had received a copy of a letter from Charlie Howell of the House Administration Committee to David Gries demanding that House- originated materials be turned over to NARA immediately. Mr. Brown and I stated that the Agency would have to notify the court before the Agency transferred possession of those documents. 4. Ms. Rownan stated that if CIA transferred the House- originated materials to NARA, NARA would prepare identification aids and then refer the records containing CIA information back to CIA for processing under the Assassination Records Collection Act.
t3-00000 DCI/OGC/RHB: ig OGC-93-50916 76105/ 29 Mar 1993 Distribution: ll aol ella eel ae a Addressees EC WoT Lit file © OGC Chrono RUB: Soft: file RUE? Signer
13-00000 RSET CIA SPECIAL COLLECTIONS RE} EASE IN FULL OGC-93-50935 1 April 1993 MEMORANDUM FOR: Director of Central Intelligence FROM: e Elizabeth R. Rindskopf | daw General Counsel SUBJECT: Lesar _v. CIA, Request for Determination Whether ‘ to Defend FOIA Litigation on Unreasonableness of Search 1. Issue. This memorandum seeks your determination whether ' to resist a Freedom of Information Act (FOIA) litigation because the required search would be unreasonable, or, as a matter within your discretion, to undertake the search. We bring this issue to your attention because the .information sought relates to the assassination of President Kennedy--a topic that was at the forefront of DCI Robert Gates announced policy of openness. 2. Recommendation. We recommend you waive the objection and direct the search be undertaken. We request your determination by 2 April 1993, because the Agency must respond to the complaint by 5 April 1993. 3. Background. The subject litigation challenges the Agency's refusal to search the minutes of DCI Morning Meetings from 22 November 1963 through 31 December 1979 for information pertaining either to the assassination of President John F. Kennedy, or any investigation into that assassination. The minutes of DCI Morning Meetings are not indexed, but only filed in chronological order. Therefore, the Agency would have to read every page of all minutes for a 16 year period. Until the mid- 1970s, DCI Morning Meetings were held every morning. After that time they were held weekly. The DCI/IRO estimates that the minutes for this period of time will amount to eight linear feet of paper and that it would take one person 72 uninterrupted workhours to review this amount of material. There is no guarantee that much, if any, responsive information will be found if the material is searched. If responsive information is identified, additional time would be necessary to process the responsive pages. 4. The Agency attempted to resolve this dispute informally by offering to search any 36 months during the 16 year period identified by plaintiff. The DCI/IRO believed a search limited to 36 months would not be unreasonable. However, plaintiff — rejected this offer.
13-00000 SUBJECT: Lesar v. CIA, Request for Determination Whether to _ Defend FOIA Litigation on Unreasonableness of Search 5. The Law. Under the FOIA, a request must be sufficiently specific to permit a professional agency employee familiar with the subject area to locate the record with a reasonable amount of effort. The Department of Justice is prepared to file a motion to dismiss the lawsuit on the grounds the effort required to locate the responsive records is unreasonable because there is no index for the minutes of DCI Morning Meetings. Thus, Agency employees would have to read eight feet of paper for information that may not even be there. However, Judge Richey has this case and he could decide either that the burden is not unreasonable, or that any unreasonable burden is caused by the Agency’s failure to index these records. 6. Policy. As a matter of discretion, you can accept the burden of an unreasonable search. Former DCI Gates recognized ‘the public interest in any Agency holdings on the assassination. Further, the Congress passed, and President Bush signed, the President John F. Kennedy Assassination Records Collection Act of 1992 (ARCA). Under the ARCA, the Agency must process for release to the National Archives all records pertaining to the assassination of President Kennedy. The Historical Review Group (HRG) is currently reviewing assassination material collected as part of the House Assassination Committee’s investigation. It appears that the Agency did not search the minutes of DCI Morning Meetings as part of the House’s investigation, and the HRG does not currently plan to search those records. However, the ARCA directs the establishment of a Review Board that can subpoena records from government agencies. It is foreseeable that the Review Board (not yet established) may subpoena thé minutes, possibly at the suggestion of the plaintiff if the Agency successfully defends this litigation. If a subpoena were issued, the Agency would have to conduct the search. Further, the plaintiff could send the Agency another FOIA request for the minutes of DCI Morning Meetings without regard to subject matter. - Such a request would clearly be proper and obviously more burdensome to process. 7. %«If you agree that the Agency should search this material for information related to the assassination of President Kennedy, a future FOIA requester might argue that the Agency can no longer claim that a search of the minutes for other subject matters would be unreasonable. The Agency could respond to this argument on the basis the ARCA created ap duty to search independent of the FOIA. da Elizabeth R. Rindskopf
13-00000 SUBJECT: Lesar v. CIA, Request for Determination Whether to Defend FOIA Litigation on Unreasonableness of Search CONCUR:
13-00000 DCI/OGC/RJE:ig 76105/ 30 Mar 1993 Distribution: he eb ee eB Addressee Jack Wright John Pereira OGC Chrono RJE Soft file RJE Signer
OGC-93-50976, 1 April 1993 MEMORANDUM FOR: David M. Pearline Deputy Director for Legislation, OCA FROM: Robert J. Eatinger, dr. Assistant General Counsel Litigation Division, OGC ’ SUBJECT: Allen v. DOD, Copy of Letters from House and National Archives Requesting Transfer of House- originated Materials to National Archives 1. For your information, please find attached copies of a 21 December 1992 letter from Chairman Rose of the Committee on House Administration to the Archivist of the United States, and a 23 March 1993 letter from Michael L. Gillette, Director, Center for Legislative Archives, to David Gries. Chairman Rose's letter requests the National Archives' Center for Legislative Archives assist the House in fulfilling the requirements of the President John F. Kennedy Assassination Records Collection Act of 1992. Mr. Gillette's letter says that the Archives has been instructed by the House to take physical possession of the materials stored by the Agency that were originated by the House Select Committee on Assassinations (HSCA). 2. The HSCA-originated materials are the subject of the long-standing FOIA litigation Allen v. DOD, et al. The Department of Justice has advised Charles Howell, a staffer of the H ittee on {stration, that the Agency will not ‘be able to transfer the HSCA-originatéd matérials without the ~ réss authorization of the court in Allen. DOJ is also in contact with Steve Ross, Général Counsel for the House, regarding this matter. j | - | Robert J. /Eatinger Ix. oa
13-00000 DCI/OGC/RJE:ig 76105/ 1 Apr 1993 OGC-93-50976 Distribution: Be be et et bet et bet bet © Addressee Jack Wright John Pereira ERR Lit file OGC Chrono RJE Soft file RJE Signer
13-00000 ee 'HAR-31-93 WED. 8:46 as osvao/es) «16:67 “~~ igiuoz Ce pig OER CAROLINA, N 8 wl mows cero caeen gaasee uemuoes Ke weauceas ¢ ON, AERA itr te an Congress of the Wnited States” Bese pyr O46, GARRETL, CRAAEEA, Fi ecaton new vom House of Representacives — GRATE Y CLSSSE, aqgtat t. Se ee eee ant COMMITTEE ON HOUSE ADLENISTRATION eu rome 226-2001 nce BAL COURRL Vo He LARA December 21, 1992 Dr. Don W. Wilson Archivist of the United Statea National Archives and Recards Administration 7th and Penneylvania Avenue, N.W. Washington, DC 20408 Wilson: The Assassination Materials Disclosure Act of 1992, (the JFK Act) Provides for the expeditious disclosure of records relevant to the assassination of President John F. Kennedy. To comply with the JFK Act, the records of the House Select Committee on Assassinations (HSCA) must be reviewed under the resolution's specific standards for postponement or public disclosure. Therefore, the committee on House Administration requests that the staff of the National Archives’ center for Legiglativa Archives assist in fulfilling the requirements of the Assassination Materials Disclosure Act on behalf of the Committee. This process includes the following: : & Dear Dr. Screening the assassination records Completing a unique identification form for each assagsination record - Creating a data base from the identification forms Transmitting assassination recerds to the Review Board for its consideration . as Coordinating the trangmittal of assassination records to third agencies for their review Photocopying the HSCA records for placement in the NARA JEK Collection ts & & fhe Committea on House Administration wants to ensure the full implementation of. this legislation as it pertains to the records of the House Select Committee on Acecassinationg. Therefore, - section 6 of the SFK Act, which establiches guidelines for the release of postponement of assassination records, should he - interpreted in a way that will maximize the release of Tees ee tee ny On Le EE SN Foe information. Tha Legislative Archives Staff should consult with the committee for further interpretations of the guidelines, and keep the Clerk of the House informed of such interpretations.
13-00000 ag “ MAR“31-93 WED 8:46 P, 03 03/30/63 16:68 & a UUe Cw Any records which the steff helieves should not he Gisclosed at this time, are to be transmitted te this Committee for  ... _ determination and referral to the review board. Copies of Aa security classified documents, originally created by Executive branch agencies, should be sent to the originating agency for review, priexr te a determination by the Archives staff for the Committee regarding disclosure. In accordance with Section §(d)(2)(A,B,&C) Center staff will complete a unique, standard identificatian form for each HSCA ascacacination record. Upon completion, etaff will attach a copy of the identification form to a printed copy of the decument it describes. If Center staff transuite a document to the Committee, a printed copy of the identification form will also he transmitted. The Center staff will alee attach a printed copy of the form to each HSCA assasaination record in the JFK collection. The Committee will provide additional pexsonnel for this task to the extent that resources are available. I appreciate this epportunity to work with you, and thank you in advance for all of your aceistance. ncerely, Chairman CR/hcg eaten : ‘emery ananent anal I we EET NEN ETT CCT ETES SR TORS SES ET | te Sm EMT at | oe cme et ms
13-00000 MAR 23°93 g1:Sern cst . . 7 - P.22 ational : Nai SE» Archives Ke fs Washington, DC 20408 March 23, 1993 ~ David D. Gries Director, Center for the Study of Intelligence Central Intelligence Agency Room 404 Ames Building Washington, DC 20505 Dear Mr. Gries: The United States House of Representatives has designated the staff of the National Archives’ Center for Legislative Archives as their agents in reviewing the records of the House Select Comnjittee on Assassinations (HSCA--the Stokes Committee) under the provisions of the Assassination Materials Disclosure Act of 1992. As part. of this arrangement, the House Administration Committee (HAC) has requested that the Center take physical possession of the twenty HSCA boxes that the CIA has maintained as a segregated unit and has held in courtesy storage for the HSCA. Diane Dimkoff of my staff has been in contact with John Pereira concerning these records, and she will he oux contact person for this project. You may reach either Diane or me on (202) 501-5350. I know that we can work out a smooth transfer of these records, as we have already had mutually beneficial meetings with your staff regarding the JFK Project. ee Director center for Legislative Archives ca: John Pereira
13-00000 a, . Gd 1° CENTRAL INTELLIGENCE AGENCY WASHINGTON, 0.C. 20505 Office of General Counsel OGC-93-51110 6 April 1993 Pamela A. Moreau, ESq. - Federal Programs Branch Civil Division U.S. Department of Justice 901 E Street, N.W. - 92-2215 CRR This letter advises you that the Director of Central ~ j ce has determined, as a matter of policy, to direct the VA Agency to search the minutes of DCI Morning Meetings for information responsive to the Freedom of Information Act request underlying the referenced litigation. Pursuant to our conversation with James Lesar, the search will be limited to the minutes for meetings occurring on or between the dates 22 November 1963 and 31 December 1979. Responsive portions of the minutes, if any, may constitute “assassination records" under the the President Jomr-F 7 Kenned Assassination Records Collection Act OF 1592 (ARCA) , Pub. L. No. 102-526, 106 Stat. 3443 (October 27, 1992). Therefore, | responsive portions probably will be transferred to the Agency's a Historical Review Group (HRG) for processing under the standards of the ARCA, Thé HRG; already Tully engaged processing the Of the ARCA. The ; ¥ Y engaged processing the récords at issue in the Allen v. DOD and AARC v. CEA cases, probably will not be able to address this information until late summer or early fall 1993. Under the ARCA, the Agency has until 22 August 1993 to complete its review of identified assassination records. The HRG is making its best possible effort to meet that deadline. In light of the Director's decision, I see our options for responding to this litigation as: (1) moving to dismiss the case for failure to exhaust administrative remedies--no administrative appeal. If successful, this would remove plaintiff's argument that he is entitled to some expedited treatment under the ARCA. (2) moving for an Open America stay on a first-in, first-out basis. There are a number of FOIA requests that predate the one at issue in this case. For instance, the Allen request predates this one and, therefore, should be processed first, even if the litigation is settled.
13-00000 Pamela A. Moreau, Esq. ¢ (3) attempting to settle with Mr. Lesar by agreeing to provide him with free copies of whatever responsive portions of the minutes are located and released under the ARCA. In exchange for this agreement, Mr. Lesar must dismiss tHe litigation with prejudice. Each option has its own merits. Please call me so we may discuss these courses of action. Sincerely, 1 Eee oy o oo a “Robert. J. E tinge Assistart—-Géeneral CSunsel
13-00000 DCI/OGC/RJE:ig 76105/ 6 Apr 1993 OGC-93-51110 Distribution: - Jack Wright - John Periera - DCI/IRO - Lit file - OGC Chrono - RJE Soft file - RJE Signer ee t é
13-00000 OGC-93-51282 21 April 1993 MEMORANDUM FOR THE RECORD SUBJECT: Allen v. DOD, AARC v. CIA, and Lesar v. CIA, Meeting with Jim Lesar i. “Today, I attended a meeting at the rostce Department with Richard Brown and Pamela Moreau of DOJ and’ Jim Lesar. The purpose of the meeting was to discuss settling the three subject FOIA litigations. DOJ will begin drafting settlement agreements ,, to dismiss all three cases with prejudice. EO. CISMiss aii Chree cases with prejudice 2. With respect to the Allen/AARC cases, Mr. Brown informed Mr. Lesar of the meeting with NARA 4nd the House. Charles Howell, Chief Counsel to the Hougé Committee on Administration, had promised to propose to his principals that the House send A ‘NARA a letter. That letter would authorize NARA to permit CIA to process House-originated materials before sending them to NARA and would direct that the entire segregated collection be stored together. Mr. Brown advised Mr. Lesar that upon NARA's receipt of this letter, the Agency would be in a position to agree to the following settlement terms: Within 30 days’ of signing the settlement agreement, CIA will provide Mr. Lesar with copies of the materials already sent to NARA last summer, minus the one box of third-agency material that needs to be processed. With respect to the remaining Executive branch material in the collection: A copy of documents to be released with no a redactions will be provided to Mr. Lesar, with a copy of the documents' identification aids, within five working days after it is transmitted to NARA. A copy of documents to be released with redactions a will be provided to Mr. Lesar, with a copy of the documents' identification aid, within five working days after it is transmitted to the Review Board. If the 1 I told Mr. Lesar I would have to check on the feasibility of this time period. I was not sure of the capability of the reproduction facilities NARA was providing the Agency. to reproduce the documents. es
13-00000 SUBJECT: Allen v. DOD, AARC v. CIA, and Lesar v. CIA, Meeting with Jim Lesar Review Board orders additional information released, and no appeal is taken to the President, a copy of the new version of the document will be provided to Mr. Lesar within five working days after it is transmitted to NARA. . If a document is withheld in its entirety, a copy a of the identification aid, if possible, will be provided to Mr. Lesar within five workgng days after the documents is transmitted to the Repiew Board. With respect to House-originated material in the collection, CIA will obtain a copy of the version of the document to be made available to the public at NARA and provide that copy to Mr. Lesar, free of charge, within five working days after it is made publicly available by NARA. 3. In consideration of the give, Mr. Lesar will dismiss both the Allen case and the AARC-Case with prejudice. However, DOJ will permit him to litigate his entitlement to attorney's fees aS a separate matter. Mr. Lesar agreed to the above. He did, however, want some commitment from the House that it would direct NARA to give priority processing to all House-originated materials in CIA's segregated collection. I explained to Mr. Lesar that the House material was not segregated and therefore, NARA could not process the documents until it received them from us. Further, CIA would send the materials to NARA by the box and would not segregate House materials to ship separately. I advised Mr. Lesar that the archival -integrity of the collection was of particular importance to the House. He seemed satisfied with this explanation and, I think, will drop this new demand for expeditious processing by NARA of all the House documents. 4. Mr. Lesar asked how the Agency was coming with its processing. I advised him that we were still trying to work out technical problems with the software NARA sent us to prepare the identification aids. Rich Brown then joked that we probably would not have a Review Board appointed until 1995 anyway. 5. With respect to the Lesar v. CIA case,* Mr. Lesar agreed to settle that case on the following terms: * This FOIA litigation seeks copies of those portions of the minutes of DCI Morning Meetings that pertain to the assassination of President Kennedy or to investigations into that assassination, FASS arth ae
13-00000 SUBJECT: Allen v. DOD, AARC v. CIA, and Lesar v. CIA, Meeting with Jim Lesar CIA will review the minutes from 22 November 1963 through 31 December 1979. The Agency does not need to review any entries for the year 1972. Mr. Lesar will provide the Agency with a list of names that may assist reviewers to identify assassination-related discussions in the minutes of DCI Morning Meetings. ‘If the Agency identifies any responsive information, it will process that information pursuant to the Assassination Records Collection Act. That means redacti§Qns will have to be approved by the Review Board. Mr. cact ne will the Agency may redact any entry on a page of the minutes that is not responsive to his request. - CIA will provide Mr. Lesar with copies of the responsive portions that are not redacted as soon as they ‘are prepared. CIA will provide him with copies of sanitized :yesponsive portions that are ge@nitized within five working , days: after transmitting thosgg portions to the Review Board. rf ‘the : “Review Board orders additional information released, andino appeal is taken to the President, a copy of the new version'will be provided to Mr. Lesar within five working days after it is transmitted to NARA. 6. In consideration of the above, Mr. Lesar will dismiss the case with prejudice if the government agrees | to pay his filing cost ($125). Litigation Division, OGC
1 3-00000 OGC-93-51982 15 June 1993 MEMORANDUM FOR: Information and Privacy Coordinator Chief, Historical Review Group DCI/IRO 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 a | L «over. FOIA litigation.{ This~“case is over. \ fi \ “~- Robert ating Jr> Attachment
13-00000 DCI/OGC/RJE: ig 76105/ 15 Jun 1993 OGC-93-51982 Distribution: - C/IP&CRD (w/att) - C/HRG (w/att) ~ DCI/IRO (w/att) - Lit file (w/att) WGI (wo/att) - RJE Soft file (w/att) - RJE Signer (wo/att) - OGC Chrono (w/att) ob fb fad fob fad pad ad é
13-00000 IN THE ro UNITED STATES DISTRICT COURT FILED FOR THE DISTRICT OF COLUMBIA JUN 07 1993 - JAMES H. LESAR . Clerk, U.S, District Court District of Columbia Plaintiff, Vv. CA No. 92-2215 CRR CENTRAL INTELLIGENCE AGENCY, Defendant. rea Tages? ae? Aras neet? Mra? “Pees? Cras Magers Mees? 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.
13-00000 Kennedy Assassination Records Collection Act 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 ©e 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
13-00000 | determines to postpone the public disclosure of agency documents in their entirety, under the standards contained in the ARCA, and 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 San be constructed without disclosing information sought to be postponed. d. Should the Review Board overrule the CIA's decision : See isin 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 —
13-00000 ‘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. . eo Respectfully submitted, STUART E. SCHIFFER Acting Assistant Attorney General J. RAMSEY JOHNSON Washington, D.C. 20004 United States Attorney . (202) 331-9260 a o Dated: . a 4 Ye for , ELIZABETH A. PUGH Attorney for Plaintiff PAMELA A. MOREAU wees ee) 6.))™”™CUS. Department of Justice Civil Division; Room 946 Be oo... .. 901 E Street, N.W. Washington, D.C. 20530 Telephone: (202) 514-5751 Dated: 5 /# P 73 Attorneys for Defendants we ’ APPROVED AND SO ORDERED: DAT CHARLES R. RICHEY United States District Judge
13-00000 13 January 1994 MEMORANDUM FOR: DCI/IRO VIA: CSI/FOIA Referent FROM: John F. Pereira Chief, Historical Review Group SUBJECT: FOIA Request F93-2003 to "The President John F. Kennedy Assassination Records Act of 1992." Also requested are “agency interpretations of the Act and any instructions given to agency employees on implementation of the Act." 2. As far as HRG is concerned, we are processing relevant Agency records under the Act for release to the National Archives. More than 125,000 pages have already been released to the Archives, where they are available to the public. We are applying the JFK Assassinations Records Act in determining what information is to be released. Section 6 of the Act provides the standards for our recommendations as to what information should be withheld. 3. Beyond the Act, there is no formal HRG file of instructions on implementing the Assassinations Records Act. Guidance is generally given orally to HRG officers. In addition, we use informal, internal notes to indicate that certain names or other specific information may or may not be released. (| fl Psa. / John F. Pereira
13-00000 SUBJECT: FOIA Request F93-2003 DCI/CSI/HRG/JFPereira:hfs/x30335 (13 Jan 94) Distribution: Original - Addressee 1 - Adair A. 1 - Barry H. 1 - HRG File (3.3) oN ARES GLLGERRGE SE SOBEL GIG LS EPID Ms iste ® Rettig I et «OL RTI Sl AR CHT TSO A EN a NE OE aa RRR Fe.
13-00000 ~ PRI@RITY HANDLING FOIA REQUEST» SUBJECT. (Optional) HEQLEST AUMBER F93-2003 ZAID, MARK 17 NOVEMEBER 1993 INFO RE: JFK ASSASSINATION RECORD COLLECTION FROM: ROBERT MAHLKE 2083, 30559 extension [DATE SENT CAECI CANADA 2766, 30563 IP§CRD/ISG/OIT fo: omer designation, room number, ond COMMENTS (Number each comment. to show from whem Draw a tine across column ofter each comment.) i. Cats OH PLEASE PROCESS THE ATTACHED nearer ani ser en Vie? ‘si iamniaanadl 3. DCI/IRO 7oNovBsanw” _—, OB2914. WQS 93 NOTE FOR DCI/IRO: SUGGEST TASKING OGC AND HRG AS’ AGENCY 'S__PRINCIPLE IMPLEMENTORS OF THE JFK RECORD ACT. Sie Ny [| 3 to 4: Your response a recommendations, pleased ACTION: DDO, DCI RETURN TOs IP§&CRD/1SG/OIT 1107 AMES BLDG. FoR 379
13-00000 2 0OCT 1993 Mark S. Zaid, Esquire 1600 South Eads Street Suite 118-S Arlington, Virginia 22202 Reference: F93~2003 Dear, Mr. zaid: seas ot POR ace. 2 «. eciioncmstinep., pdiseltete atau dlaaia This . is to acknowledge receipt “of your 4 October 1993 Freedom of Information Act (FOIA) request for “all records pertaining~to -“Thes@resident<Jdohn F “Kennedy aAssareiriat tone «corr rn . Records Collection Act of 1992', codified at 44 U.S.C. § 2107. This would include records in which the name is captioned in the title or merely appears within the text of the document. ‘Specific records sought include agency interpretations of the Act and any instructions given to agency employees on ‘implementation of the Act.” We can search for information responsive to your request. With respect to your request for a fee waiver, we have. reviewed your request and have determined that the information you seek from Agency files would contribute significantly to the public understanding of the operations and activities of the United States Government. Therefore, your request for a fee waiver has been granted. Accordingly, we have accepted your request which will be processed in accordance with the FOIA, 5 U.S.C. § 552, as amended, and the CIA Information Act, 50 U.S.C. § 431. Our search will be for documents in existence as of and through the date of this acceptance letter. The heavy volume of FOIA requests received by the Agency has created delays in processing. Since we cannot respond within the 10 working days stipulated by the Act, you have the _right to consider this as a denial and may appeal to the CIA Information Review Committee. It would seem more reasonable, however, to have us continue processing your request and respond as soon aS we can. You can appeal any denial of records at that time. Unless we hear from you otherwise, we will assume that you agree, and we will proceed on this basis. John H. Wrigh In ation and Privacy rdinator
13-00000 OIT/ISG/IP&CRD/RPM/f£aj/140CT93 Distribution: Orig ~ Adse 1 - Chrono 1" TP&CRD/F93-2003 ACK; Ready for processing ID# 32322 + erie tt a ER Gn. wR aq anette wn... 0 nies: AT. stair : PT iey Be igareta. . : os etnias Ri alt oA RTA mre Se em RR = Aw Ane con BAO lip in wre alii wr re . et ey sages
13-00000 MARK S. ZAID Attorney-At-Law 1600 South Eads Street, Ste. 118-S a . Arlington, Virginia 22202 (202) 296-8003 (202) 296-8051 fax Csr 7 1 30 Fil "93 Freedom of Information Act Request October 4, 1993 | actry. grey “a= tNY eee IPD Registry cose 7 Central intelli ence Agency . RETIRED _ Washington, ‘ 14 Dear Mr, Wright. RPHICes suBsect <li Under the Freedom of Information Act, 5 U.S.C. §552, | am requesting access to or copies of... | | eee, a) all records pertaining to “The President John F. Kennedy Assassination Records Collection Act of 1992", codified at 44 U.S.C. § 2107. This would include records in which the name is captioned in the title or merely appears within the text of the document. Specific records sought include agency interpretations of the Act and any instructions given to agency employees on implementation of the Act. Furthermore, your search should include, but not.be limited to, the indices of the Directorate of Administration (including the Office of Security), the Directorate of Operations and the Directorate of Intelligence. If there are any fees for copying or searching for this information, please supply the records without informing me of the costs if the fees do not exceed $50. However, under 5 USC. § 552 (a)(4)(A) | hereby request a waiver of all fees associated with this requ . : wr | submit that “disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester.° -Section 552 (a)(4)(A) Gi) . Arequest tor a fee waiver is to be “liberally construed" particularly when “associated with requests from joumalists, scholars, and non-profit public interest groups." Ettlinger v. EBI, 596 F.Supp. 867, 872 (D.Mass. 1984). . if you deny all or part of this request, please cite the specific exemption you think justifies your refusal to release the information and notify me of appeal procedures available under the law. In excising material, please “black out" the material rather than “white out" or “cut out". Furthermore, as required by law, please attempt to respond within 10 working days. . , I look forward to your response. . . Mark S.
13-00000 > aan JAMES H. LESAR ATTORNEY AT LAW 918 F STREET, 8.W.. ROOM 509 WASHINGTON, D.C. 20004 Py Te.erHone (202) 363-192! FREEDOM OF INFORMATION ACT REQUEST November 25, 1994 Mr. John H. Wright Freedom of Infprmation and Privacy Coordinator OPEN -WWYy | pt Re ist Washington, D.C. 20505" CLOSED “ey “Presi WH Dear Mr ri 3 _ RETIRED - oe _ SUBIECT feeljon BOYPR I represent the AssasSination Archives and Research Center. Pursuant to the Freedom of Information Act ("the FOIA"), 5 U.S.C. § 552, I request a copy of any index or inventory in electronic format of the following records: (1) Lee Harvey Oswald’s 201 file; (2) the “segregated collection" of records which the CIA made available to the House. Select Committee on Assassina- ant to the President John F. Kennedy Records Collection Act of 1992. I want copies of any and all such indices in their current state, regardless of whether they are “complete. " he ours, J ames H. Lesar A
13-00000 24 APR 1955 Mr. James Lesar Attorney at Law washington. b.e. b0G08 509s CIA SPECIAL COLLECTIONS RELEASE IN FULL Reference: F94-2344 2000 Dear Mr. Lesar: . This is to acknowledge receipt of your 25 November 1994 Freedom of Information Act (FOIA) request, submitted on behalf of the Assassination Archives and Research Center, for “a copy of any index or inventory in electronic format of the following records: (1) Lee Harvey Oswald’s 201 file; (2) the ‘segregated collection’ of records which‘ the CIA made available to the House Select Committee on Assassinations; and (3) any other records which the CIA has processed pursuant to the President John F. Kennedy Records Collection Act of 1992.” You further state that “[you] want copies of - any-and all such indices in their current state, regardless of whether they are ‘complete.’” With respect to items 1 and 3, as you are aware, the Agency’s Historical Review Group is preparing an electronic index of JFK assassination records which is being forwarded to you in sections as each section is completed.- This activity includes Oswald’s 201 file. Further, with respect to items 2 and 3, these items are identical to items 1 and 2 of your 15 October 1994 FOIA © request, F94-1959. Please refer to paragraphs 2 and 3 of our 12 December 1994 response to your 15 October request wherein we addressed these items. We are unable to assist you further in this matter. Information and Priva cordinator
13-00000 06 SEP 1995] Paul D. Newey, Esquire Adamowski & Newey 1034 W. Altgeld Street Chicago, Illinois 60614 Reference: F95-1225 Dear Mr. Newey: This is to acknowledge receipt of your 11 July 1995 Freedom of Information Act (FOIA) request for records on the following deceased individual: "Richard Scully CAIN, a/k/a Richard S. CAIN, a/k/a Ricardo SCALZETTI, a/k/a Richard SCALZETTI, a/k/a Ricardo SCALZITTI, a/k/a Richard SCALZITTI, a/k/a Richard SCULLY.” Qur records show that we conducted a thorough search “undér the FOIA for records pertaining to the subject of your request on behalf of a previous requester. We located ‘ material which was reviewed and denied in its entirety. However, Since your letter mentions allegations of an association of the subject of your request with the assassination of President Kennedy, you should know that this Agency’s records on the assassination of President Kennedy have been re-reviewed under the narrower nondisélosure provisions of the President John F. Kennedy Assassination Records Collection Act of 1992. These re-reviewed records have been transferred to the National Archives and Records Administration (NARA) in compliance with the Act. For copies of these records you should submit your request to NARA at the following address: \ Archives Review Branch Records Declassification Division Room 18W National Archives and Records Administration 7th and Pennsylvania Avenue, N.W. Washington, D.C. 20408 Also in accordance with the Act, those records whose public disclosure in whole or in part has been recommended for postponement are now undergoing further re-review by the Presidentially-appointed Assassination Records Review Board (ARRB). The ARRB process is likely to result in more public
13-00000 disclosure of information from these records. Consequently, these records will not be reviewed again by this Agency pending ARRB determinations which, in turn, must be approved or disapproved by the President. Furthermore, records, or information in such records, whose postponement of public disclosure is continued by the President, will become subject to the requirements of periodic review as specified in the Act. We hope that we have been of some assistance with your request. Pi te "s c . 7 £ _ " ar as “Nteno! oe ate, OLT/MSG/IP&CRD/RPM/fa7j /3AUG95 Distribution: Orig - Adse 1 - IP&CRD Chrono "4 - ITP&CRD/F95-1225 REF cL - DCI/CSI/HRG 404 Ames Attn: (FYI) 1 - RPM g:\ipcerdwp\freedom\RPM\05632.doc