IN THE UNITED STATES DISTRICT COURT 104-10320-10098 | oo a Ce be . | : SECRET | ma FOR THE DISTRICT OF COLUMBIA. MARK ALLEN, °° |. . 7 Plaintiff, v. Civil Action No. 78-1743 . occ GCE ED 9 EROENEND cerretee SRE weeny SSAA ATT ORFS 9ST PaaS EE ONT TT CENTRAL INTELLIGENCE AGENCY, Defendant. ee? ere? Cee? Tee? Oye? Tl? Hee Teme Tl Semel? 1. Iam the Information Review Officer of the Directorate of Operations (DO) of the Central Intelligence Agency (CIA). My responsibilities include the review of DO documents which are the object of the Freedom of Informatior ‘Act (FOIA) requests to CIA to ensure that FOIA determinations. made regarding the disposition of such documents are proper. The statements made herein are based upon my knowledge, upon. information made available to me in my official capacity, upon advice and counsel from the Office of General Counsel and upon conclusions reached in accordance therewith. (0) 2. By classified affidavit of ay predecessor, Gerald L. Liebenau, executed on 9 February i981, the CIA advised the Court of the detailed reasons for CIA's continued withholding of portions of Document No. 509- ~803,. the subject of this particular litigation. The Agency has consistently stated with regard to Document No. 509-803 that | “most of the substantive information in the document is contained in other ' documents that have been released. to the public.” See, bao Liebenau Affidavit, q19. The Agency has further asserted that the information in Document No. 509-803 is. BO. intermixed with, AFFIDAVIT = LOUIS J. DUBE, being first duly sworn, deposes and says: WARNING NOTICE--SENSITIVE 7 wy ong, INTELLIGENCE SOURCES } nenwanivecuey 009530 | AND METHODS INVOLVED SECRET fipcc spevwon 05 JUN 00 | a DERIVED FROML_D92.1 I TEER
13-00000 BY ax GETS CHEERED: aces et He ERR sm NEO ASEE CRSESFSEEEASST c vaer ee tammy ap mane a eeentttth tt etnaneeetaseech et NNN eee SEES eR IGAAD SREP Pee SETAE > ornare tee teeateteat tee SEE PIEEDOND Pa ‘remainder. Thus to avoid the possibility of unauthorized -be withheld. A sampling of previously released documents - ot S EC RET operational details which could lead to the disclosure of intelligence sources and methods that it is impossible to an | remove those operational details while leaving a coherent disclosures, much of the substance of the document has had to ' fe UCU SETEROOAD-P Oa GRE SEHERED ent GrERIDSAPteIrte EDIE ED © AeA SS aA Ser DART RAED FEM ESEETED AES ASTID © containing the same information was provided with the Liebenau Affidavit for the Court's convenience and for purposes of comparison. In Discovery, plaintif£ has now reguested copies of the documents provided the Court with the Liebenau Affidavit. (U) | | 3. Ironically, I must note that plaintiff already has copies of all the documents submitted with the Liebenau Affidavit as a result o£ previous FOIA releases the Agency made of documents concerning the record of CIA's involvement in the investigation of the assassination of President Kennedy. To indicate to the plaintiff, however, which of those documents were submitted with the Liebenau Affidavit Or what substantive categories are contained in Document No. 509- 803 would move the Agency perilously close to disclosing information which must %e protected from disclosure. See, ee Liebenau Affidavit. That hazard is compounded by the many now publicly available documents which discuss portions of the same substance as is found in Document Wo. 509-803. Some of them actually making reference to the document itself. The specific problem focuses on the section of the document concerned with Silvia Duran. ‘The problem posed by the possiblity of disclosing the fact that Silvia Duran is the subject of a significant portion of Document Wo. 509-803 is. discussed in detail in paragraph 15 of the Liebenau 2 SECRET
13-00000 : ae ; - SECRET Affidavit. The damage the Agency seeks to avoid could be triggered by the date of Document No. 509-803. Public | acknowledgment of the official passage of information | concerning Ms. Duran by the Government of Mexico to the | Government of the United States, for the Warren Commission, | did not occur until 21 February 1964. To disclose CIA's” combined with other circumstances also visible on the public record, will provide a very creditable basis for a conclusion that the CIA was closely involved in fiaison activities wit a fact which is true, but which has | 1 l J 1 } . \ detailed awareness of these facts as early as 31 January 1964, | | | not been officially acknowledged. The Agency obviously cannot assert that the damage is a certain conseguence of disclosing this information. It is, however, my judgement that this information, if discicsed, would, in combination with other publicly available information, increase the likelihood of the ' damage to such an extent that the Agency must continue to withhold such information to avoid the probable damage. (S) 4. The possibility of releasing the documents on: the’ four other subjects listed in paragraph 19 of the Liebenau _ Affidavit was considered and also judged to be imprudent. Plaintiff himself has demonstrated an almost encyclopedic knowledge of the various disclosures that have been made from Government records on the general subject of the concerning the likely subjects contained in Document No. 509- 803. .I believe to narrow the field of probable subjects by disclosing all but one of the subjects contained in Document No. 509-803 will increase the likelihood of the disclosure of assassination. He, in fact, has made some astute guesses the one subject the Government cannot acknowledge, i.e., _ererene GEEPEON eee <P SE EES i 3 7 SECRET | | | | | |
13-00000. ,° SECRET Silvia Duran. For this reason, I believe the Goverment must continue to withhold any further information which would disclos 1 the unacknowledged subjects of Document No. 509-803. (S) Se ne ne se Be eR COMMONWEALTH OF VIRGINIA ) . _ ) ss. COUNTY OF FAIRFAX ) Subscribed and sworn to before me this J day of June 1981. 7 My term of office expires on the 27th day of November, 1984. My commission expires : — ’ mmissioned A Notary Public at finds € Colgen. OGC/LMZ /mpm Distribution: — Original - Judge. Smith ~ LMZ Signer - OGC Chrono - DDO ~ IPD ~ OGC Subj: 9999: Allen v. CIA, CA#78-1743 Ft RD et es 4 SECRET | | | | | . Notary elk has | | | | | TE TE Oem eae | MeCN me * ates et sare re geeeenrrtaeattieetbtrthetnet bettie th ctttttetteetatentteteeerdemerdtcterteteay-<retr ett rrererreeeeetetettteerteeteieteai= ~ emiteretter-t-nnnseneepsneesaternaene thse icsheseneastints atnaeenny nant sats =P ny