OFFICE MEMO AND "AIDE MEMOIRE" RE ISSUES IN PENDING HSCA SUBPOENAS.
Originator: CIA
From: BRECKINRIDGE, S.D.
To: SA/DDCI
Document date: 1978-08-31 00:00:00
Document type: PAPER - TEXTUAL DOCUMENT

# DOCID-32364668

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JFK ASSASSINATION SYSTEM

IDENTIFICATION FORM

AGENCY INFORMATION

AGENCY : CIA

RECORD NUMBER : 104-10127-10287

RECORD

SERIES: JFK

AGENCY FILE NUMBER

: 80T01357A

DOCUMENT INFORMATION

AGENCY ORIGINATOR : CIA

FROM : BRECKINRIDGE, S.D.

TO : SA/DDCI

TITLE : OFFICE MEMO AND "AIDE MEMOIRE" RE ISSUES IN PENDING

HSCA SUBPOENAS.

DATE : 08/31/1978

PAGES

3

SUBJECTS : MEXICO CITY

HSCA SUBPEONA

DOCUMENT TYPE :

PAPER

CLASSIFICATION: CONFIDENTIAL

RESTRICTIONS

1B

CURRENT STATUS

RELEASED IN PART PUBLIC - RELEASED WITH DELETIONS

DATE OF LAST REVIEW

10/28/97.

COMMENTS

JFK57 : F5: 1997.10.28:14:53:19:873092

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

104-10127-10287

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APPROVED FOR RELEASE 1993

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DON DZITAL

OLC #78-4055

31 August 1978

HISCA

OLC RECORD COPY

Aide Memoire

SUBJECT : Issues in Pending HSCA Subpoenas

1. CIA has restricted access by HSCA representatives to

two sets of documents, which led to the Committee's voting a sub-

poena shortly prior to the recess by the House. Two other items

of information that were included in the subpoena had been reviewed

by HSCA representatives prior to voting the subpoena. So far

as we know no action has yet been taken to serve the subpoena

formally. Its reported date of return is 6 September.

2. The two files on which we have restricted access deal

with two separate subjects, as follows:

a. An operational file involving a sensitive Covert

Action program, in which a person of interest to the

HSCA was one of a number of targets. The HSCA has

reviewed the 201 file of the person in question for the period

January 1973 through May 1964, but the separate operational

file has not been shown. The nature of the operation has

been outlined to Mr. Blakey and his deputy, Mr. Cornwell.

The presentation emphasized the sensitivity of the operation

and its lack of relevance to the HSCA inquiry•

b. The history of the Mexico City Station for the period

1947-1969. It covers all activities of the Station over a period

of time almost entirely irrelevant to the purpose of the

HSCA investigation. Only a few references in the Mexico

City Station history can be considered relevant to the issue

of President Kennedy's assassination, and these have been

seen by HSCA representatives. Substantial sections of other

portions of the history have been shown the HSCA Chief

Counsel and Staff Director, Mr. Blakey, and to his deputy,

Mr. Cornwell.

3. The grounds offered for withholding these documents

are a mix of sensitivity and relevance. Traditionally the

Agency claims the sensitivity of subject matter as a basis for

giving special handling to materials shown external investigators,

while Mr. Blakey asserts that the Congress reserves the

right to judge relevance. There is something of an anomaly in

these positions, because the evolution of the working agree-

ments with HSCA has to a degree compromised the basic position

of both parties.

Fi, de =

20343

COMFDZATAL

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CORRBEIMAL

""'

4.

The original Memorandum of Understanding, executed in

August 1977, commits the Agency to provide access to material

"that bears upon the study and investigation authorized by

H. Res. 222,

which we see as referring to relevance.

also recognized the limitations placed on access depending on

"the responsibility of the DCI to protect sensitive intelligence

sources and methods."

An amendment to the original agreement

was negotiated in January 1978, the language of which throws

into question the unqualified right of the DCI to withhold material

because of sources-and-methods considerations, but leaves in-

tact the original position on relevance.

5. Our practice, under these provisions, has been to agree

to requested access

to material we feel probably irrelevant, if

it is not judged sensitive. When considerations of relevance

and sensitivity combine we have opposed unqualified access. In

the face of the HSCA representatives' assertion of the need to

verify our statements about relevancy, etc., we have tried to

employ the original commitment to the DCI by Mr. Blakey to

not disclose anything shown him personally, when the matter

becomes an issue, letting him review the material personally.

This serves to demonstrate good faith, at the same time that

it has permitted verification by a selected HISCA person.

6. If the HSCA decides to force the present issue, for whatever

purposes, there would be some confusion in outlining just what

the Agency's position is. The agreements can be presented as

compromising the legislated responsibility of the DCI to protect

sources and methods from unauthorized disclosure. This considera-

tion has led us to follow the practice of tying relevance (preserved

in the original agreement) to sensitivity, avoiding assertion of the

right to protect material on the grounds of sensitivity alone. As

an example we have given extensive access to intelligence sources

and methods as employed in Mexico City, where it was relevant

because it explained CIA coverage of the Oswald visit in September-

October 1963.

7. Discussions with Chairman Stokes, assuming there will

be an opportunity to have such an exchange, should be reasonable

rather than technical. While we believe our grounds sound (the

material at issue is not relevant to the inquiry, and is sensitive) the

arguments in support of it may prove confusing in public controversy.

Distribution:

1 - SA/DDCI

1 - OLC/Subject

1 - OLC/Chrono

SDBreckinridge:hfs (31 August 1978)

2

CONTENTAL

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