Agency: FBI
Originator: FBI
From: HQ
To: WH
Document date: 8/3/98
Document type: PAPER, TEXTUAL DOCUMENT

## Page 1

Released under the John F. Kennedy Assassination Records Collection Act of 1992 (44 USC 2107 Hotel.

DATE: 11-14-2017

JFK Assassination System

Identification Form

Date:

3/31/201

Agency Information

AGENCY:

RECORD NUMBER :

FBI

124-10376-10485

RECORD SERIES :

HQ

AGENCY FILE NUMBER: 62C-HQ-1029205-3150

Document Information

ORIGINATOR:

FBI

FROM: HQ

TO: WH

TITLE:

DATE: 08/03/1998

'PAGES: 16

SUBJECTS :

JFKARCA OF 1992

DOCUMENT TYPE: PAPER, TEXTUAL DOCUMENT •

CLASSIFICATION : Unclassified

RESTRICTIONS: 3

CURRENT STATUS : Redact

DATE OF LAST REVIEW : 04/30/1999

OPENING CRITERIA: INDEFINITE

COMMENTS :

INC ENVELOPE, PETITION

v9.1

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204

Page 1

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## Page 2

Released under the John F. Kennedy Assassination Records Collection Act of 1992 744 USC 2107 Hotel.

• DATE: 11-14-2017

3%6

August 3, 1998

The Honorable William J. Clinton

President of the United

States

Washington, D.C.

Dear Mr. President:

For the reasons set forth in detail in the enclosure,

this letter requests that you exercise your authority, under

Section 9(d) of the President John F. Kennedy Assassination

Records Collection Act of 1992, to postpone the public disclosure

of three documents and a photograph ordered released by the

Assassination Records Review Board.

Consistent with the spirit of the Act, the Federal

Bureau of Investigation (FBI) has cooperated extensively with the

Board

and made the broadest disclosure of documents in the

Bureau's history.

In this instance, however, release of these

items would severely invade the privacy interests of three

private citizens

and subject them to public ridicule and

embarrassment with no discernable contribution to the public's

understanding of the circumstances surrounding President

Kennedy's assassination or how that crime was investigated by the

We are particularly concerned that the items, which have

been marked "OBSCENE" for good reason, may be published on the

Internet and will be available to minors following their release

to the public.

Moreover, we have been able to warn only one of

the three persons whose character and reputation will be

besmirched by the release of these items.

The one person we have

contacted strongly opposes the Board's decision to release this

material.

-ENCLOSURE

686-19-1029506

3150

1

1

1 - Director

- Mr. Bryant

- Mr.

R.

Bucknam

- Mr.

Collingwood

- Mr.

Parkinson

1

- Mr.

T.

Kelley

1 - Mr.

P. Kelley

WAs VIs

JAW: JAW

(14)

1 - Ms.

1

Keeley, Rm. 11144

- Ms.

Wilkins, Rm.

11144

1

Mr. Miller, Rm.

1

7338

WILLIANS

Mr.

Williams, Rm. 7338

1

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7335

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ADD Aom.

ADD Inv.

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TOM OMa

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MAILACOM D

DocId: 32321327

Page 2

Director

Deputy Gieder

Crim. Inv._

Crim. Jus. Info

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## Page 3

Released under the John F. Kennedy Assassination Records Collection Act of 1992 (44 USC 2107 Hote).

DATE: 11-14-2017

PETITION FOR POSTPONEMENT

UNDER

SECTION 9 (d)

OF THE*

PRESIDENT JOHN F. KENNEDY

ASSASSINATION RECORDS COLLECTION ACT OF 1992

This petition requests, on behalf of the Federal Bureau

of Investigation

under Section 9(d) of the President John F. Kennedy

Assassination Records Collection Act of 1992' (the Act), to

a Records collea

(FBI), that the President exercise his

authority,

postpone public disclosure of three documents and a photograph

ordered released by the Assassination Records Review Board (the

Board) .

Each of the items is described below, and the items are

attached at Tab A.

The Board's determinations concerning disclosure of

the information in question are set forth in a letter dated July

22, 1998, to the Director of the FBI.

A copy of the letter is

attached at Tab ,B.

Under Section 9(d) of the Act, the President

has the nondelegable authority to require postponement of

disclosure under the standards set forth in Section 6 of the Act.

The Standard for Postponement

Pursuant to

Section 6 of the Act, disclosure of

assassination records? or particular information in such records

may be postponed if there is clear and convincing evidence that:

(3) the public disclosure of the assassination

privacy, and

that invasion of privacy is so substantial that

it outweighs the public interest . . . .

The Senate Report on the Act provides no guidance with respect to

the standard set forth in Section 6(3).3

44 U.S.C. $ 2107, note.

? Defined by section 3 of the Act to mean "a record that is related to

the assassination of President John

F. Kennedy, that was created or made

available for use by, obtained

by,

or otherwise

came into the possession of

• . . any

Executive

agency...

3

S. Rep. (Governmental Affairs Committee) No. 102-328, 102nd Cong.;

2nd

Sess. (1992), reprinted in 1992 U.S.C.C.A.N. 2965.

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## Page 4

Released under the John F. Kennedy Assassination Records Collection Act of 1992 744 USC 2107 Hote).

DATE: 11-14-2017

The Items at Issue

The documents and the photograph ordered released

by the Board are identified by the Board by the record number;

124-10320-10228.

The items are identified collectively by the

FBI under file number 100-409763, Section EBF 18. For conven-

ience, we shall refer to the documents and photograph by the last

digital component of the record number assigned by the Board,

10228.

The first document in item 10228 is identified as a

"List of instructions, handprinted, beginning 'Repeat entire

instructions from the last test.'"

The envelope containing the

list is labeled "OBSCENE" in red pencil. The instructions

include such things as "Give several enemas [.].

• [u] se

needles very freely and deeply l,l

• • • [olpen rectal area wider

-han in past (,] ... tie his hands securely behind his back -

have him face up on desk or table with legs spread eagled and

securely tied and insert into testicles red hot needles . . . ."

(Emphasis in original.)

The second item in 10228 is a photograph provided to

the Bureau in 1968 by a member of the Dallas County (Texas)

District Attorney's Office.

The envelope containing the

- photograph is labeled "OBSCENE" in red pencil.

The photograph

is identified as "Obscene photograph of MARK LANE."

It depicts

an adult male lying on his side in bed with his hands apparently

bound behind him.

The subject is nude, apparently sexually

aroused, and his testicles are being handled by a person outside

of the photograph. The subject appears to be grimacing in pain.

The third item in 10228 is a transcript identified as a

"Statement taken on January 30, 1962, from PHYLLIS DENISE

GOLDEN. "

The envelope containing the transcript is labeled

"OBSCENE" in red pencil.

In the six-page transcript a woman

identifies herself as Phyllis Denise Golden.

She describes in

detail a series of sexually abusive acts which she performed on

a man she knew as Mark Lane.

The fourth item in 10228 is a transcript identified as

a "Statement taken on January 30, 1962, from ELIZABETH LEE

STEPHENSON." The envelope containing the transcript is labeled

"OBSCENE" in red pencil.

In the

six-page transcript a woman

identifies herself as Elizabeth Lee Stephenson.

She describes in

detail a series of sexually abusive acts that she performed on a

man she knew as Mark Lane.

2

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