MEMO:SENATE SELECT COMMITTEE REQUESTS FOR WITNESSES ON OPERATIONAL SUBSTANCE, ISSUES RAISED, HOW TO HANDLE INTERVIEWEE AND WITNESSES
Originator: CIA
Document date: 1978-01-01 00:00:00
Document type: PAPER - TEXTUAL DOCUMENT

# DOCID-32370160

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Date: 02/23/05

JEK ASSASSINATION SYSTEM

IDENTIFICATION FORM

AGENCY INFORMATION

AGENCY : CIA

RECORD NUMBER

: 104-10147-10098

RECORD SERIES

: JFK,

AGENCY FILE NUMBER

80T01357A

DOCUMENT INFORMATION

CIA

AGENCY ORIGINATOR

FROM

TO

TITLE

MEMO: SENATE SELECT COMMITTEE REQUESTS FOR WITNESSES ON

OPERATIONAL SUBSTANCE, ISSUES RAISED, HOW TO HANDLE

INTERVIEWEE AND WITNESSES

01/01/1978

DATE

PAGES

: 5

SUBJECTS : HSCA

DOCUMENT TYPE : PAPER

CLASSIFICATION : SECRET

RESTRICTIONS

: 1A

CURRENT STATUS

: RELEASED IN PART PUBLIC - RELEASED WITH DELETIONS

DATE OF LAST REVIEW.

: 07/22/93

COMMENTS : JEK60 : F4 : 1993.07.22.17:03:02:750360

Heleased 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

104-10147-10098

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77-0071

ISCA

entire pleg. ex

requesto

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, elia

specific request has been made to talk with James

of EA Division regarding the assassination plot against

Chou en Lai.

The SSC has also expressed interest in

several DDO staffers, including Robert Owen and Nestor

Sanchez of LA Division, Arnold Silver, currently a Careex

Associate, and Bronson

Tweedy, who is on short-tern 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 of

interviewees will

fall into two categories:

a.. Those discussing information on the structure

b.

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.

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.

22209

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4. Below are summarized the SSC procedures for

calling witnesses before it:

a.

Prior to holding our interview with on-duty

employees or alumni, CIA should provide "all

information and materials on the subject"

indicating that which is "extraordinarily"

sensitive, so that it can get special handling.

b.

Witnesses may consult with the Agency before

the interview.

(They may be shown relevant

documents to refresh their memories before

testifying.)

c. If not present (under category 3b, above) at

an interview, an Agency representative should

be available

nearby for consultation regarding

the handling of special

security matters which

may arise.

d.

Prior to an interview, CIA will check the

employee's file and advise the Committee of

any exceptionally sensitive aspects of subject's

employment which require special handling.

e." An Agency representative shall be available

- nearby in case

a witness feels hesitant about

answering a particular question and wants

"with respect to an appropriate response

which will facilitate the provision of pertinent

information and its protection".

Issues which arise as DDO personnel are called for

interviews are discussed below:

a.

Protection of Identities

Not covered in the SSC "Outline for Inquiry Procedures"

is protection of true identities for personnel under

cover.

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b.

-- Officially covered personnel must be

permitted to appear in alias or anonymously

and the circumstances of the appearances

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.

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?

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security.of

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 OGS 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 3a

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.

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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.

It is my suggestion that witnesses, like paper,

be the IG's responsibility, recognizing it will

pass on

much of the actual action to the directorate

involved.

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