SUBJECT: LESAR V. CIA, PROPOSED SETTLEMENT AGREEMENT SENT TO JIM LESAR, F91-1334
Agency: CIA
Originator: CIA
From: IPC COORDINATOR, CHIEF, HRG, DCI/IR
To: ASST. GENERAL COUNCIL
Document date: 06/15/1993
Document type: PAPER - TEXTUAL DOCUMENT

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JEK ASSASSINATION SYSTEM

IDENTIFICATION FORM

AGENCY : CIA

RECORD NUMBER :

104-10331-10063

RECORD SERIES : JFK

AGENCY FILE NUMBER

Released under the John

AGENCY INFORMATION

f. Kennedy

Assassination Records

Collection Act of 1992

144 USC 2107 Notel.

: PROJEILES-CORRESPONDENCECase#:NW 53217 Date:

- 06-22-2017

DOCUMENT INFORMATION

AGENCY ORIGINATOR : CIA

FROM : ASST. GENERAL COUNCIL

TO :

IPC COORDINATOR, CHIEF, HRG, DCI/IR

TITLE

SUBJECT: LESAR V. CIA,

PROPOSED SETTLEMENT

AGREEMENT

SENT TO JIM LESAR, F91-1334

DATE :

06/15/1993

PAGES

6

SUBJECTS : STIPULATION

JFK ASSASSINATION

DOCUMENT TYPE : PAPER

CLASSIFICATION

: UNCLASSIFIED

RESTRICTIONS : 1A

CURRENT STATUS

: RELEASED IN PART PUBLIC - RELEASED WITH DELETIONS

DATE OF LAST REVIEW

• 04/30/03

COMMENTS : JEK-M-16 : F2: 2000.02.08.10:46:49:607054: 1 PG MEMO

W/ATT

[R] - ITEM

IS

RESTRICTED

104-10331-10063

HH 53217 DocId: 32404193 Page 1

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OGC-93-51982

15 June 1993

MEMORANDUM FOR :

FROM:

SUBJECT:

Information and Privacy Coordinator

Chief, Historical Review Group

DCI/ IRO

Robert J. Eatinger, JI.

Assistant General Counsel

Litigation Division, OGC

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.

Robert

• Batinger

Jr.

Attachment

53217 DooId: 32404193

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IN THE

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

JAMES H. LESAR

Plaintiff,

General Counsel

193-0376/

FILED

JUN 0 7 1993

Clerk, U.S. District Court

Distrlet of Columbia

CA No. 92-2215 CRR

V.

CENTRAL INTELLIGENCE AGENCY,

Defendant.

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.

HH 53217 DocId: 32404193 Page 3

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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

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.

C.

Where,

after processing under the ARCA, the CIA

2

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1... - am....

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 can be constructed without disclosing information sought to

be postponed.

d. 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(d) 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

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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,

Acting Assistant Attorney General

(202) 331-9260

Dated:

Attorney for Plaintiff

Pamela A. Morea

ELIZABETH A. PUGH

PAMELA A. MOREAU

U.S. Department of Justice

Civil Division, Room 946

gas l street, C.".

20530

washington' (202) 514-5751

Telephone:

Dated:

5/28/93

Attorneys for Defendants

• APPROVED AND SO ORDERED:

1/1/93

Ques RAile

CHARLES R. RICHEY

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DCI/OGC/RJE: ig 76105/ 15 Jun

1993

OGC-93-51982

Distribution:

1

- C/IP&CRD (w/att)

- C/HRG (w/att)

1

1

1

1

1

1

- DCI/IRO

(w/att)

- Lit file (w/att)

WGJ (wo/att)

RJE Soft file (w/att)

RJE Signer

(wo/att)

- OGC Chrono

(w/att)

53217

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