FOIA REQUEST FROM DAVID C. MARTIN, RE: ANGLETON VS TURNER ON NOSENKO.
Originator: CIA
From: WITHHELD
Document date: 05/29/1979
Document type: PAPER - TEXTUAL DOCUMENT

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104-10418-10 169

2022 RELEASE UNDER THE PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS ACT OF 1992

¿CLASSIFIED

NAL

USE "ONLY

CONFI: ITIAL.

STRET

PRIORITY HANDLING

HANDLING FOLA REQUES, 14

SUBJECT: (Optional)

Request of David C. MARTIN

re: Angleton vs Turner

on Nosenko

CR

F79-0510

F78-1534

FROM:

EXTENSION

DATE SENT

(Grady Vickers

Jesse Guajardo

DDA/IPS

• 2E42

TO:

(Officer dosignation, room number, and

building!

6027

6400

HQS

R1211

R9581

DX2

29 May 1979

SUSPENSE

12 June 1979

DATE

OFFICER'S

INITIALS

RECEIVED

FORWARDED

COMMENTS (Number eoch commons to shom from whom.

lo wnom.

Drom o line across column atter each commini)

1.

DDO/ FPG

Mr. Randall

Please note interest of:

Mike Sednauni

CI/Staff, 2B1405 X1345

2.

3.

4.

5.

6.

7:

8.

9.

10.

11.

12.

ACTION:

DDO/FPG

RETURN TO:

PRIORITY HANDLING

1-75

3749

SECRET

CONFIDENTIAL

FOIA REQUEST

NTERNAL

USE

ONLY

UNCLASSIFIED

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31 May 1979

LOU

Brad

This afternoon I talked with Chris Winkle re David Martin's request for

documents related to the Angleton case.

His comments were as follows:

Martin obviously got his act together from the Stipulation of Dismissal

document on file with the U.S. District Court in Alexandria. (The copy of the

Stipulation of Dismissal we had on file in qur Litigation folder did not include

the''Exhibit A" referred to in paragraph one of the Stipulation. ). "Exhibit A"

was the 20 March 1979 letter to Angleton's lawyer, Chabot, from Ernest

Mayerfeld, outlining the specific items in the litigation that Angleton would

"be allowed access to". (üe had e copy of it but no indication it was "Exhibit A.)

Don't answer his initial request any sooner than necessary.

do, deny release of the information, maintaining it is still classified and

involves protection of sources and methods, (b)(1)(b)(3) of FOLA:

If he appeals we will worry about it later.

But there's no denying that Martin knows of the existence of the specific

documents.

Chris said that Grady Vickers) is sending out an interim response from

IPS.

Eleanor

I spoketo Lou D. and reafirmed that what we are proposing to do

is to deny these documents to Martin even though some of them

were

previously prepared for release in sanitize form to Angleton in litigation.

We acknowledged that if it had not. been for OGC's release of three documents

to Angleton without coordination with the DO we would have "Glomarized"

Angleton's request. A

"Glomar"' response is also not possible to Martin for

the same reasons xusxthex but also beause exhibit ASon file in U.S.

Distric Court in Alexandra and that exhibit lists the documents that Martin

is requesting. The proposal now is to list and deny the documents to

Martin under

(b) (1). and

1 (b) (3) Of FOIA.

Brad

Ri

31 May 79

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SUNARY OF FOIA TA PROCES.NG

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F- 764-0516

PHUCESSERS

DATE-IN

DATE-OUT

ANALYST

SUBJEÇT (FOIA cases Only)

Cingicton us Turner

807asnk0

PREVIOUS FOIA/PA CASES AND

REFERRALS

CHECK: IPS-LOG, IPS-HIST

IPS HIST PRE 77.

LIST

ONLY

AND

THOSE

FREEDOM CASES THAT HAVE THE

SAME SUBJECT AS THIS CASE.

CADENO.

REF'ED. BY

*G-2709

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DC/CCS/PRG

GH-56

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38-17

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48-4406

TUBE BS-3

C/LA/STAFF B

3C-34

TUBE ET-3

HE-STS 5

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C/SE/PO

5B-4803

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PREDECESSOR RECORDS

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3D-109

TUBE CU-6

DC/AD/SOG

1E-4846

TUBE CU-6

0G/15 (Recheck)

1B-4003

TUBE DT-S

APPLICANT FILES

TRAVEL LISTING

MIA FILES

OGC.

7C-24

OLC

7D-49

DOES FEI HAVE CASE

IS/WAS SUBJECT A DO SOURCE

IS/WAS REQUESTER A DO SOURCE

IS/WAS COVER PROVIDED TO REQUESTER

DATEISI OF COVER

Y.ES

YES

YES

YES

NO

NO

IS REQUESTER A CURRENT EMPLOYEE

IS REQUESTER A FORMER EMPLOYEE

DATETS) OF EMPLOYMENT

YES!

ES

NO

NO

CRYPTONYMS, PSEUDONYMS OR AKA'S

110-78) 4008

TOTAL ESTIMATE 201 NO.

CONFIDENTIAL

c NO.

CL. BY: 012170

1.64

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Iticis it

SAV

IPS REGISTRY

579-0510

HAUIDY

May 15. 1979

4700 Drummond ave.

Chevy Chase, Did. 20015

George W. Owens

Information and Privacy Coordinator

Central Intelligence Agency

Washington, D.C. 20505

Fees

Obe should be

Dear Mr. Owens,

the

request copies

of the following documents as described in the

recent case of Angleton v.

couet or the fastern District er Virginia, Alexandria Divisions

78-865-1, in the U.S. District litigatio.

Hen 4+8

_ -the incoming telegram from Geneva neering the

first contact and meeting with MI. Nosenko

item 5

-= "the document which supports Nas hart's allegation

that Mr. Angleton visited the installation in Northern Virginia

at which Mr. Nosenko was detained.

(Please note that there is

no mention of Northern Virginia in Mr. Hart's testimony.

250, line 4626.

The document indicates that the visit by vi.

Angleton was to a facility outside Northern Virginia.)j"

- "any documents. that refledule

the t continon or

any member of the Counter Intelligence Staff participated in any

discussion

or meeting relating to the alleged hostile

interrogation of Mr. Nosenko,"

- "the memorandum referred to by Mr.

of Har 's committee testimony) regarding a conversation between

Mr. Angleton and the Chief of the Soviet Division, "

-- "the tape of transcript of them er eumentioned

in Mr. Hart's testimony in which Mr. angleton is alleged to have

referred to MI. Bagley's having 'caught a big fish' (Nosenko)."

Since these documents have already been identified in response

to Mr. Angleton's demands for access to

the material,

I would expect

that my request could be handled with a minimum of delay.

Sincerely,

DawQC. Martu

David C. Nartin

6L, Nd 2Z E

LI INH

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CENTRAL INTELLIGENCE GENCY

WASHINGTON. D.C. 20535

-2. 0 MAR 1379

06679-02653

Philip I. Chabot, JI.

Duncan, Brown, Weinberg

and

Palmer, P.C.

Suite 1200

1775 Pennsylvania Ave., N.W.

Washington, D.C.

20006

Dear Phil:

Re:

Angleton v. Turner

Civil Action No. 78-865-A

I am writing you regarding our telephone conversation

of 19 March 1979 and Mr. Angleton's acceptance of our

pending settlement offer in the above-captioned litigation.

The offer outstanding is for your client,. James J. Angleton,

to be allowed access to the records mentioned in our 9 March

1979 letter to you, viz:

1.

the contract by which Mr. John Hart was

employed for the purpose of representing the Central

Intelligence Agency in testimony before the House

Assassinations Committee (This document has previously

been released to Mr. Angleton with some deletions in.

response to his FOIA request.

Under the terms of this

offer, Mr. Angleton would be

permitted to see the

unredacted version.);

2.

the document by which MI. Hart was authorized

to review agency files in preparation for the Committee

testimony (A further review of the files has resulted

in the discovery of documents which may have

some

bearing on this portion of the request.

These will

be made available to Mr. Angleton

pursuant to the

terms enumerated in CIA's 9 March 1979 letter to you.) ;

3.

the document setting forth the guidelines

under which Mr. Hart's testimony was given (Like the

document reguested per subparagraph 1 above, this

document has been previously released to MI. Angleton.

Under the terms of our settlement offer, MI. Angleton

would, likewise, be permitted to view the unexcised

version.) ;

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4.

the incoming telegran from Geneva describin!

the first contact and meting with lit.

Hosanke End

111.

"10ng

telegram" which Mr. Angleton sent to Geneva in

reply;

the document which supports Mr. Hart's allc-

that Hr.

Angleton

visited the installation in

Northern Virginia at which Mr. Nosenko was detained

(Please note

no mention of Northern

Virginia

in Mr. Hart's testimony.

250, line

The document indicates that the

visit by

Mr. Angleton was to a facility outside Northern

any document (s) that reflect that Mr. Angleton

member of the Counterintelligence Staff partici-

pated in any conference,

discussion or meeting

relating

to the alleged hostile interrogation of. Mr. Nosenko;

and

the memorandum referred to by Mr. Hart (See,

p. 165

of Hart's Committee Testimony) regarding a

conversation between Mr. Angleton and the Chief

the Soviet Division.

also be allowed access to item No. 10 requested from CIA in

your 11 December 1978 letter to the Freedom of Information

•Coordinator, i.e.:

the tape of transcript of the interview mentioned

in Mr. Hart's testimony in which Mr. Angleton is

alleged to have referred to Mr. Bagley's having

"caught a big fish"

(Nosenko) .

Access will be granted to Mr.

Angleton on the same

basis as mentioned in our 9 March

1979 letter to you.

Should Mr. Angleton wish to disclose portions of the con-.

tents of these documents to members or staffers of the

Select Committee on Assassinations of the u.s.

Representatives, he

apply for such authority to the

Agency via the undersigned.

Acceptance of this offer will terminate our controversy

as to all the CIA records requested by your client under the

FOIA and allow us. to stipulate a dismissal of the pending

litigation.

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If this letter correctly states our settloment ague

ment, please sign

enclosed copy in

the appropriate

place indicated and return to the undersigned.

As soOn

as your concurrence is received, I will

telephone you

make arrangements

for Mr. Angleton to.

come to CIA Headquarters to review the documents.

Sincerely,

Ernest Mayerfeld

Associate General Counsel

CONCUR:

Philip I. Chabot, Jr.

Date

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UNITED STATES DISTRICT COURT FOR THE

BASTERN DISTRICE OF VIRGINIA

JAMES J. ANGLETON,

Plaintiff,

V.

STANSFIELD TURNER, DIRECTOR,

CENTRAL INTELLIGENCE AGENCY,

Defendant.

Civil Action No. 78-865-A

STIPULATION OF DISMISSAL

It is hereby stipulated by and between counsel

for the parties hereto

1.

That on 20 March 1979 counsel for the parties

entered into a written agreement by which defendant agreed

to provide plaintiff with access to those documents set

forth in Exhibit A which were requested by plaintiff,

pursuant to the Freedom of Information Act in order that

he might rely upon them in his testimony before the Select

Committee on Assassinations, United States House of

Representatives.

2. That on 29 March 1979 plaintiff was

given the

opportunity to and did inspect the documents listed above.

It is further stipulated by and between counsel for

the parties, subject to the approval of the Court, that

this action be dismissed with prejudice, except as to

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the amount, if any, of attorney's fees

plaintiff is entitled pursuant to the Freedom

Act.

and costs to which

of Information

PHILIP

Hale

1 Cuat

CHABOT,

Duncan,

Brown, Weinberg &

Palmer, P.C.

Suite 1200

1775 Pennsylvania Avenue, N.W.

Washington,

D.C.

20006

TELEPHONE:

202/467-6370

WILLIAM B.

CUMMINGS in

United States Attorney.

cou

THOMAS P.

T05 Prince streetaR.

Post Office Box 602

Alexandria, Virginia

TELEPHONE:

703/548-1112

Counsel for Plaintiff

22313

Eluit. Me

інси

ELSIE L. MUNSELL

Assistant U.S. Attorney

117 South Washington Street

Alexandria, Virginia

22314

TELEPHONE:

703/557-9100

Counsel for Defendant

APPROVED this

_ day of Apul

_ 1979

UNITED STATES DISTRICT JUDGE

A. Irue CopT, Teste:

M. Parley Fosers;

- 2-

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30 Jul T9

MEMORANDUM FOR: RECORD

Don Robinson from

OS

ex 1150

questiined if

We

had relcased TS-197124 dated Feb 68 it concerni

Nosenko and was titled

Examination of the

Bona Fides of a KGB Defector. He said that the

FBI was investigating a xe unauthorized

release which was sourced to this document.

I informed him that we

in FPG had not addresse

this document in any FOIA/PA case

yet

Brad R!

quir

Date

OR 101 ESTON

USE PREVIOUS

# U.S.GPO 1977-0-234-508

FPMR (41 CFR) 101-11.6

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