F81-0351-HSCA EQUITIES
Originator: CIA
From: FOIA CONSULTANT
Document date: 12/10/1990
Document type: PAPER - TEXTUAL DOCUMENT

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1104-10428-10007

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

INTERNAL USE ONLY

10 December 1990

WORKING PAPER:

SUBJECT

: F81-0351- HSCA Equities

1. This is to discuss our handling of one of the more

difficult and controversial areas involved in the processing of

the HSCA material in the Allen litigation (F81-0351). Our area of

concern involves the interpretation and treatment of the

Congressional exemption, or, as usually referred to - the HSCA

Equities exemption.

The basic problem is the apparent

contradiction between the court ordered

Stipulation (C.A.

No. 81-2543), dated 10 June 1988, and instructions from the House

Representatives.

In particular this pertains to Stipulation

3h, which enjoins the Agency to search for:

"Any records relating to any assignment by the CIA to an

employee of the CIA to review, evaluate or assess any

final or interim report by the HSCA."

Stipulation 3h would appear to be in direct conflict

with instructions

from the House of

Representatives, as quoted in

part from the following 2 documents:

Rules of the House Select Committee on Assassination lef

adopted 7 March 1977,

as amended, Rule 10.8

counsel and deputy chief counsels shall have authority to

designate materials and documents

contents of all such materials

and documents, in addition

to any materials or documents already classified or

marked confidential by any agency or department of the

U.S. Government, shall not be released or divulged in any

form, shape or manner without the approval of the

select committee or one of its subcommittees."

Letter from HSCA Chairman Stokes to the DCI, dated 26

March 1979, paragraph 2, which

purpose of this letter is to request specifically that

this Congressional material and related information in a

form connected with the Committee not be disclosed

outside your Agency without the written concurrence of

the House of Representatives."

INTERNAL USE ONLY

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Our focus on Stipulation 3h is particularly timely,

in our processing of the

DO and OLC material, we now have

arrived at the point where the final HSCA report,

including

drafts, is being critiqued

by the Agency.

as possible, we

want to assure consistent treatment of

this material.

much of the material involved, in my

opinion, already falls within

the HSCA

Equities exemption, some of it may

be open to different

interpretations.

My working paper of 27 November 1990 highlights

some of the more controversial cases.

It should be noted that the question of

HSCA Equities also spills over into stipulation

3g which

instructs

the Agency to search for and treat;

*All correspondence between

the CIA and HSCA."

Here we have no difficulty whatever with

correspondence actually originating with the HSCA or other

elements of Congress, which

material is exempt automatically.

problem lies with the large volume of internal CIA correspondence

and memoranda for the record, as well as Agency letters to HSCA,

which discuss the activities

of HSCA, our meetings with HSCA

personnel, and other matters

falling within the HSCA chairmans

injunction to the Agency. The key line in Chairman Stokes' letter

is, of course,

- - - and related information

in a form connected

with the Committee". This line is also the one

that causes the

headaches. Its

almost impossible to follow literally the

instructions we have

received.

Furthermore, which take priority,

the Court's Stipulations or the instructions from the House?

do we continue our happy balancing

act and, to the best of our

ability,

try to do justice to both

all, treating FOIA material is more of

an art than a science.

We have already received opinions from Bob Caudle,

Asst. Gen. Counsel

and Jim Pittman, Executive Secretary, DCI's

support our fairly literal interpretation of the

line quoted above from Chairman Stokes' letter. Russ Holmes

suggested that we also consult the Inspector General,

Fred Hitz,

who formerly headed up

the Office of Congressional Affairs and was

directly involved with the HSCA investigation.

I believe that Mr.

Hitz's opinion on this matter would be very valuable.

Bengt C. Herder

FOIA Consultant

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INTERNAL USE ONLY

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