SSC REQUEST FOR WITNESSES ON OPERATIONAL SUBSTANCE - ISSUES RAISED
Originator: CIA
Document date: 1978-01-01 00:00:00
Document type: PAPER - TEXTUAL DOCUMENT

# DOCID-32368928

## Page 1

Date: 02/17/05

JFK ASSASSINATION SYSTEM

IDENTIFICATION FORM

AGENCY INFORMATION

AGENCY : CIA

RECORD NUMBER

: 104-10142-10123

RECORD

SERIES

: JFK

AGENCY FILE NUMBER

: 80T01357A

DOCUMENT INFORMATION

AGENCY ORIGINATOR : CIA

FROM

TO

TITLE

DATE

PAGES

:

SSC REQUEST FOR WITNESSES ON OPERATIONAL SUBSTANCE -

ISSUES RAISED

:

01/01/1978

5

SUBJECTS : WITNESSES

JFK ASSASSINATION

DOCUMENT TYPE

:

PAPER

CLASSIFICATION

.

SECRET

RESTRICTIONS

: 1A

CURRENT STATUS

: RELEASED IN PART PUBLIC - RELEASED WITH DELETIONS

DATE OF LAST REVIEW

06/01/04

COMMENTS

: JFK55 : F9: 20040226-1050211

Released under the John F. Kennedy

Assassination Records Collection Act of

1992 (44 USC 2107 Note). Case#:NW

55924 Date: 10-26-2021

[R]

- ITEM IS RESTRICTED

104-10142-10123

NW 65924 Docld:32368928 Page 1

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Chrono

entere ple

77-0071

SUBJECT:

Senate Select Committee Requests for Witnesses

on Operational Substance -- Issues Raised

The Senate Select Committee has not yet actually

scheduled DDO staffers who are now on active duty, but a

specific request has been made to talk with James Kelly

of EA Division regarding the assassination plot against

The SSC has also expressed interest in

several DDO staffers, including Robert Owen and Nestor

Sanchez of LA Division, Arnold

Silver, currently a Career

Associate, and Bronson

Tweedy, who is on short-term contract

in Headquarters.

We have been

able to hold off actual

scheduling of substantive operational conversations pending

a resolution on how to handle covert action material.

Division is standing by

to appear for a non-operational

briefing covering organization, mission, etc.

2. Attached hereto is a Senate Select Committee

document entitled "Outline for Inquiry Procedures" which

represents the Committee's own ground rules.

3. According to this attachment, witnesses or

interviewees will fall into two categories:

a .

Those discussing information on the structure

and functions of CIA plus substantive work,

including the legal basis. of DDO activity and

the approval process; the capacities of CIA

and its responsibility to provide information

for other government entities.

In this category,

a CIA representative may be present at the inter-

vIew.

b.

Those who will be asked questions regarding CIA

or Executive Branch abuses or other controversial,

specific matters where improprieties may have

occurred. In this category, a CIA representative

may not be present unless an exception is negotiated.

19873

NW 65924 Docld:32368928 Page 2

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SECRET

3

Officially covered personnel must be

permitted to appear in alias or anonymously

too were ar

should permit such anonymity. At a minimum

their true identity should be kept out of the

record.

-- Non-officially covered personnel fall in an

even more sensitive category.

The issues

are (1) need to appear at all? If so, (2)

can their identity and cover be protected

and kept out of the record?

-- Foreign national agent personnel should not

be called as witness out of deference to

their special security problem and to avoid

serious affect on their morale.

b. Legal Jeopardy of Interviewees

In category 3b, above, (abuses and improprieties)

an important issue is: How can the legal rights

of the individual be best protected in cases where

U.S. law may have been violated. • The problem of

criminal jeopardy probably will not arise in the

case of overseas operations, but the SSC could

revive some

of the domestic improprieties covered

by the Rockefeller report, such as the LSD

experiments or mail intercepts. The issues which

this could raise concern:

-- An employee's need to have prior consultation

with the OGC regarding his legal rights and

his legal jeopardy.

-- An employee's right to engage legal counsel if

he has reason to think U.S. law may have been

broken.

-- How can an Agency officer get financial help.

in hiring private counsel if it is necessary?

NW 65924 Docld:32368928 Page 3.

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4

-- How can the Agency protect the security of

testimony given by a witness if a privately

hired lawyer is present? Can cleared lawyers

be found?

Can uncleared lawyers quickly be

cleared?: If the lawyer takes notes of a

classified nature, how can they be securely

handled and stored?

Legal guidance should be sought from the OGC and

clear and specific guidelines be available for

those who seek it.

c. Secure Handling of Testimony

In both categories 3a and 3b, above, of these ground

rules, documentary testimony must be protected from

unsecure handling and

storage. Moreover, steps must

be taken to keep sensitive data out of any permanent

record, not under CIA control. According to the

attached ground rules (under paragraph B, "Procedures"')

the Committee assumes the responsibility

for special

handling of sensitive material and its ultimate

disposition.

The Committee also expresses its willing-

ness

to receive Agency guidance on this subject..

We

must be prepared to give it.

Practically speaking,

a great deal, if not most material, in category 3b

and much of

the substantive material in category

• За

will be considered sensitive by the DDO and thus

deserving of special handling.

d. Keeping Track of Testimony Given

Since the SSC, by its

ground rules, intends to

interview personnel without a CIA monitor being

present in cases of abuses or improprieties, how

can CIA keep track of testimony given in such cases?

- Provision is made by the SSC for exceptions to

be made to the exclusion of a CIA monitor when

particularly sensitive matters require it.

The

issue here raised is what should the DDO criteria

be for requesting

an exception so that an escort

may be provided.

SECRET

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SCORET

- 5 -

e . :

It is not completely clear but the SSC

ground rules in paragraph B-4, attached,

suggest that it will be the SSC's judgment

as to what testimony given during

category

3b interviews. -- where a CIA escort is

excluded -- will be shown to CIA so that

special, adequately secure handling methods

can be agreed upon.

In-House CIA System for Handling Interview Process

As it now stands no clear cut responsibility has

been assigned for handling of DDO interviewees

and doing the necessary record collecting prior

to the interview as specified by SSC ground rules.

pass on much of the actual

involved.

action to the directorate

NW 65924 Docld:32368928 Page 5

CORE

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SECIET

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77-0071

Chrons

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SUBJECT:

Senate Select Committee Requests for Witnesses

on Operational Substance -- Issues Raised

The Senate Select Committee has not yet actually

scheduled DDO staffers who are now on active duty, but a

specific request has been made to talk with James Kelly

of EA Division regarding the assassination plot against

several DDO staffers, including Robert Owen and Nestor

Sanchez of LA Division, Arnold Silver, currently a Lareer

in Headquarters.

•We have been able to hold off actual

scheduling of substantive operational conversations pending

a resolution on how to handle covert action material. FR

Division is standing by to appear for a non-operational

briefing covering organization, mission, etc.

Attached hereto is a Senate Select Committee

document entitled "Outline for Inquiry Procedures" which

represents the. Committee's own ground rules.

3.

According to this attachment, witnesses of

interviewees will

fall into two categories:

a .

Those discussing information on the structure

and functions of CIA plus substantive work,

including the legal basis. of DDO activity and

the approval process; the capacities of CIA

and its responsibility to provide information

for other government entities. In this category,

a CIA representative may be present at the inter-

vIeW.

b.. Those who will be asked questions regarding CIA

or Executive Branch abuses or other controversial,

specific matters where improprieties may have

occurred. In this category, a CIA representative

may not be present unless an exception is negotiated.

198?3

,: NW 65924 Docld: 32368928 Page 6

SESHOT

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