CIA MATTERS - FOIA/JFK-RELATED
Originator: CIA
From: JOHN H. WRIGHT
To: JAMES H. LESAR
Document date: 06/01/1992
Document type: PAPER - TEXTUAL DOCUMENT

## Page 1

1704-10337-10003

* 2022 RELEASE UNDER THE PRESIDENT JOHN F. KENNEDY ASSASSIATION RECORDS ACT OF 1902 11en

+04- 10337-20005

CLASSES

3 : MN 1202

2100

Mr. James H. Lesar

918 F Street,

N.W., Room 509

Washington, D.C.

20004

Reference: F92-1087

Dear MI. Lesar:

This is further to our letter dated ll June 1992 regarding

your 18 May 1992 Freedom of Information Act (FOIA) request for.

"all records reviewed by the Historical Review Group" regarding

"the assassination of President John F. Kennedy."

As you are aware, the Director of Central Intelligence

has made the decision to have all of the previously withheld

John F. Kennedy documents reviewed under the CIA's Historical

Review Program. Once the review has been completed, we will

provide you with whatever CIA records are released.

However,

because of the volume of material involved, we cannot tell you

at this time how long the review will take.

As a matter of administrative discretion, fees will not be

assessed in this particular instance.

Meanwhile, we will appreciate your patience while we

complete the review of the material referred to above.

Information and Privacy Coordinato:

OIT/ IMG/ IP&CRD/fpo/tj/29MAY92

Distribution:

Orig - Adse

1

- Chrono

1 - IP&CRD/F92-1087 ACK; review of JFK documents

1

- IP&CRD/ALB ATTN: Debbie for JFK litigation file -

- DCI/HS Attn: JPereira 316 Ames w/Copy incoming -

coordinated

1 - £po

by ere 6224/92

ID# 27183

---

## Page 2

13-00000

File: JFK

CENTRAL INTELLIGENCE AGENCY

WASHINGTON, D.C. 20505

Office of General Counsel

OGC-92-51849

13 July 1992

Richard R. Brown, Esg.

U.S. Department of Justice

Civil Division, Room 946

901 E. Street, N.W.

Washington, D.C.

20530

Re: Allen v. DOD, Declaration of John F. Pereira

Dear MI.

Brown:

Please find enclosed for filing in the referenced case the

original declaration of John F. Pereira, Chief of the Historical

Review Group, Central Intelligence Agency.

Feel free to call me with any comments or questions.

Sincerely,

Enclosure

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## Page 3

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...

Allen v. DOD - Cover Letter with attached Declaration of

John F. Pereira

OGC-92-51849

DCI/OGC/LD/RJEatinger :dak

76105/13 July 1992

Distribution:

Orig

-Adse. w/att

1 - John F. Pereira, C/HRG w/att

1

- EC (FYI) w/att

1 - WGJ (FYI) w/att

1

- RJE Signer w/att

1 - OGC Registry w/att

1 - MAT (Declaration Chrono) w/att

- KTK (Reference File) w/att

1 - Lit File:

Mark A. Allen v. DOD. et ale w/att

---

## Page 4

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==.

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT. OF COLUMBIA

MARK A. ALLEN

Plaintiff,

OGC-92-51849

Civil Action No. 81-2543 TAF

v.

DEPARTMENT OF DEFENSE, et al..

Defendants.

DECLARATION OF JOHN F. PEREIRA

CHIEF, HISTORICAL REVIEW GROUP

CENTRAL INTELLIGENCE AGENCY

I, JOHN F. PEREIRA, hereby declare and say:

1. I am the Chief of the Historical Review Group (HRG) of

the Central Intelligence Agency (CIA of Agency) • I have held

this position since the HRG was established in April, 1992. My

responsibilities include management of the Historical Review

Program, supervising the staff of the HRG, and directing

coordination of the review process with both Agency components

and other agencies.

2. I make the following statements based upon my personal

knowledge, and upon information made available to me in my

official capacity. I submit this declaration in response to

the Plaintiff's Motion To Compel Defendants To Reprocess All'

Records At Issue In This Case.

3. The Agency's Historical Review Program was established

by the Director of Central Intelligence (DCI) to make

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## Page 5

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significant historical information available to the public

without damage to the national.security interests of the United

States.

The Program operates pursuant to the policies and

procedures approved by the DCI on April 28, 1992 and to be

published in Agency regulation. HR 70-14. Pursuant to these

policies and procedures, the Agency will transfer records

declassified and approved for release under the Program to the

National Archives and Records Administration for public use.

4. The HRG is responsible for the declassification review

of records under the Program in accordance with the policies

and procedures approved by the DCI and additional guidelines

that may be promulgated by the Director, Center for the Study

of Intelligence, with the approval of the DCI. The HRG is

required to consult with the Agency Archivist and responsible

directorate and DCI area Information Review Officers during the

declassification review process. The policies and procedures

prescribe an intra-agency appellate procedure by which Agency

components may appeal determinations by the HRG that certain

records or portions of records qualify for declassification

under the Program. The final appellate authority regarding

declassification decisions under the Program is the DCI.

5. Under the Historical Review Program, individual

documents will be released in full, withheld in full, or

released in part.. When a document cannot be released in full,

the HRG will make an effort to sanitize the document by

deleting those portions that may not be declassified, or that

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## Page 6

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may not be made public for other lawful reasons. However,

under the policies and procedures approved by the DCI, efforts

to sanitize documents

will be made only when the effort will

not unduly slow the pace of the review, will not obscure the

record's essential significance, and will not distort the

document's bibliographical identity. Documents that cannot be

sanitized according to these criteria will be withheld in full

under the Program.

6. The first" group of records to be reviewed under the

Program has been selected by the DCI. He has directed the HRG

to review for declassification under the Program all CIA

records related to the assassination of President John F.

Kennedy. The HRG is presently reviewing these materials as a

priority matter. However, the HRG is also reviewing materials

relating to other matters of historical interest. The

materials relating to the assassination of President Kennedy

comprise approximately 63 boxes of documents and one box

containing 72 or 73 reels of microfilmed documents. We

estimate that the total number of pages involved to be

approximately 250,000 to 300,000. We estimate that

approximately 27 percent are documents originated by other

government agencies with which the HRG will need to coordinate

before declassifying or sanitizing these documents.

7. I currently estimate that the HRG will take

approximately six to twelve months to review the documents

related to the assassination of President Kennedy. This time

3

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period does not include the time it will take to coordinate

other-agency documents with their originating agencies.

My

estimate

also does not include the time period for any appeals

that Agency components may initiate regarding decisions by the

HRG to declassify documents.

I declare, under penalty of perjury, that the foregoing is true

and correct.

Executed this 13th day of July 1992.

F. Pereia

• PEREIR

оть:

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,..

CIA SPECIAL COLLECTIONS

NELBASB EN FULL

2000

3 1 AUG 1992

Mr. John Judge

Committee for an Open Archives

р.0. Box 6008

Washington, D.C.

20005

References:

F92-1724

F92-1267

Dear Mr. Judge:

This is to acknowledge receipt of your 14 August 1992

letter wherein you requested an amendment of your earlier

request (F92-1267) by adding to the original query the

following:

"I)[l]ists or indexes of all materials concerning

Lee Harvey Oswald

and the assassination of President Kennedy

that have been released under the provisions of the fola...

2) Illocation and hours and terms of public access to the

FOIA-reguired reading room for such documents.

3) [a] copy of all documents on the topics mentioned above

that have been declassified under the Historical Review Program

but not transferred to NARA for public availability" [with the

exception of the 124 pages of material in the Oswald

pre-assassination file which you indicated that you have

obtained].

4) [a]n annual list of all documents declassified under

the Historical Review Program and transferred to the NARA when

such a list is compiled."

This request for additional information has been assigned

a separate reference number, F92-1724, and all future

correspondence with respect

to the additional information

requested will be addressed accordingly.

With respect to Item l of your request, enclosed are

machine printouts listing previously released documents on the

subjects of John F. Kennedy and Lee Harvey Oswald. Please

ot som P. Kennedy

review the printouts bearing in mind that there may be

CransLcL194441424402471666. 00000008900019

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duplicates, check the items you want, return the printouts to

us,

and we will gladly reproduce the items you choose for a

cost of

ten cents per page less the first 100 pages to which

you are entitled free of charge.

A copy of our schedule of

fees is also enclosed for your information.

With respect to Item 2 of your request, this agency offers

its reading room in those instances where documents have been

released but have yet to be indexed in our system of previously

released material.

The material you have requested has been

indexed and the printouts are enclosed for your personal use.

For your information, however, the reading room is located in

Rosslyn and is open Monday through Friday from 7:30 a.m. to

5 p.m.

We do request that appointments be made at least two

weeks in advance.

With respect to Item 3 of your reguest, other than the 124

pages of material which you have received, no additional

information has been declassified under the Historical Review

Program at this time.

However, this office has been informed

that it is expected that the review of six linear feet of

material from the Oswald file will be complete and subsequently

transferred to the National Archives and Records Administration

(NARA) within a month for availability to the public.

We are unable to assist you with Item 4 of your request as :

we are unable to accept a request for material which does not

exist.

As we advised you on 29 June 1992 with respect to your

F92-1267 request, we have been advised that no such lists have

ave chat the da ena

been compiled to date, but that the Agency does intend to

publish

an annual index through the Historical Review Program

which will identify CIA documents released in whole or in part

during the preceding year and which were subseguently

request at this time.

With respect to your request for a fee waiver, since the

material listed on

the enclosed printouts has been previously

released

to numerous requesters and is already in the public

domain, its re-release would not contribute significantly to

the public understanding of the operations and activities of

the United States

Government.

Therefore, your request for a

fee waiver is denied and you will be required to pay copying

costs as described above.

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Meanwhile, we trust that the information provided above

and the enclosed material have satisfied your request.

Stis ange

Enclosures

OIT/ IMG/ IP&CRD/fpo/faj/25AUG92

Distribution:

Orig - Adse

1

- Chrono

1

- IP&CRD/F92-1724 GIF

1

- CR F92-1267 (Judge)

1. 0/DCI/CSI/HRG Attn: 8/26/95ver, 1003 Rey Bldg. -

coordinated by phone

fpo

ID# 28327

---

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CIA SPECIAL COLLECTIONS

RELLASE IN FOLL

2000

0 4 SEP 1992

Mr. Richard w. Sullins

218 Westover Drive

Bürnsville, North Carolina

28714

Reference:

F91-1465

Dear Mr. Sullins:

This is to acknowledge receipt of your 26 May 1992 letter

wherein you requested documents from a machine printout provided

to you on 24 September 1991 in response to your 31 August 1991

request for additional documents pertaining to the

assassination of John F. Kennedy.

Enclosed are

of 67 pages of material.

first 100 pages to which you are entitled to free of charge as

a requester in the "all other" category, at ten cents per page,

nich other re

the total cost for the enclosed material plus the additional 17

pages that you received on 24 September is $8.40. Therefore,

please send your check or money order to me made payable to the

Treasurer of the United States citing Reference No. F91-1465 to

ensure proper credit to your account.

Also enclosed is one page of the printout that you

We are unable to locate

material which was originally input into our system of

previously released material as a batch of documents rather

carton For durication ana

reviewed for duplication and input by individual document.

Therefore, we are enclosing the most current machine printout

of previously released material which should contain the

material by document versus subject.

If you wish documents

from the current printout, please check the items you want,

return the printout to us, and we will reproduce the items you

choose for a cost of ten cents per page.

Please accept our

apology for this inconvenience.

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With respect to paragraph

3 of your letter concerning

"documents now being processed

for release as mentioned this

month by Director Gates during his testimony before the Senate

Government Operations Committee on 12 May 1992," the Director

of Central Intelligence has made the decision to have all of

under the CIA's Historical Review Program.

Once the review has

been completed, the material will be transferred to the National

Archives

and Records Administration (NARA) for availability to

the public.

For your convenience, the address for NARA is

listed below:

Archives Review Branch

Records Declassification Division

Room 18W

National Archives and Records Administration

7th & Pennsylvania Avenue N.W.

Washington, D.C. 20408

Meanwhile, we trust that our response to your F91-1465

request has assisted you with your endeavor.

Enclosures

OIT/IMG/IP&CRD/fpo/faj/6JUN92

Distribution:

Orig - Adse

1 - Chrono

1 - IP&CRD/F91-1465 follow-up OWES $8.40 (all other)

1 - po for JFK

10/DCI/CSI/HRG 1003 Key Bldg. Attn: JCarver - no

records on JFK have been transferred to NARA to date

ID# 27288

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OGC-92-52633

29 September 1992

NOTE:

Director, Center for the Study of Intelligence

FROM:

W. George Jameson

Chief, Litigation Division, OGC

SUBJECT:

Coordination of DocumentHe PEDADCOLLECTIONS

Ongoing Litigation

RELEASE IN FULL

Dove

2000

1.

This

is a follow-up to our discussion of 25 September,

in connection with

the Cahn case, regarding the need for prior

coordination between OGC and CSI

when materials under

historical review are also the subject of ongoing litigation.

There seems to have been some confusion over the release of

material to the National Archives last week, and I agree that

we should ensure a mutual understanding about how the process

will work in the future.

2.

As I indicated, it is essential that OGC review, prior

to release.

the Agency's

determination to withhold material

reviewed

under the Historical Review Program (HRP) if the

material is the subject of ongoing litigation.. I understand

your concern that the HRP material be reviewed and, if

declassified, released as quickly as possible in order to

implement the DCI's mandate.

My objective is to ensure the

legal sufficiency of the Agency/HRP position, as well as to

address any inconsistencies in the positions

taken by other

components on material involved in the litigation.

It is clear that there will need to be further

discussion about coordinating releases under FOIA and the HRP

to sort out how the process should work.

For example, it has

been Agency policy in connection with FOIA requests and related

litigation to avoid piece-meal releases whereby some material

is released before the remaining information that is subject tr

This may change in light of

Lunect to

would be useful to discuss how the HRP would like to operate in

light of this policy.

4. I am confident that these procedural issues can be

worked out to our mutual satisfaction and will contact John

Pereira and Jack Wright, the FOIA and Privacy Coordinator, to

try to establish some ground

rules for the future.

sange

W. George

CC:

John H. Wright

---

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→C/HREL

LAST CHA COHECHONS

2.-021: FOLL

2000

File: FOrA/JFK

16 NOV 1992

MI. Timothy C. Autry

ATRTX-008

P.0. Box 786

• Troy, North Carolina

27371

Reference:

F92-2351

Dear Mr. Autry:

This

is to acknowledge receipt of your 26 October 1992

Freedom of Information Act request for "the latest released 34

documents pertaining to the Lee Harvey Oswald."

Enclosed

are the 206 pages of releasable material to which

you refer.

This material, which was contained in the CIA

pre-assassination 201 file on Lee Harvey Oswald, was recently

transferred to the National Archives

and Records Administration

for availability to the public.

Please note that some of this

material may have been released in the past. Since you are

entitled to the first 100 pages free of charge as a

requester

in the "all other" category, the total cost to you is $10.60.

Please send your check or money order to me made payable to the

Treasurer of the United States citing Reference No. F92-2351 to

ensure proper credit to your account. A copy of our schedule

of fees is also enclosed for your information.

We trust that the information provided has satisfied your

request.

Sincerely.

Enclosures

OIT/ IMG/ IP&CRD/£po/faj/13NOV92

Distribution:

Orig - Adse

1 - Chrono

i - IP&CRD/F92-2351 GIF; OWES $10.60 (all other)

1- DCI/CSI/HRG Attn: JCarver 1003 Key Bldg

1 - fpo

JEK/Oswald

ID# 29155

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OGC-92-53173

3 December 1992

MEMORANDUM FOR :

Information and Privacy Coordinator

DCI/IRO

FROM:

SUBJECT:

James i. Lesar v. CIA, NO. 92-2215 (D.D.C.) .

Case Dismissed Without Prejudice, F91-1334

1. During a status call today to discuss the subject

Freedom of Information Act case, the judge, unexpectedly,

dismissed the case without prejudice.

Plaintiff may orally

reinstate the case within 90 days. The judge dismissed the case

after the parties, at his direction, had met outside his chambers

to discuss a way to resolve the case.

2.

Despite the dismissal, and because it is without

prejudice, the parties

agreed to attempt to resolve the FOIA

request as follows.

Mr. Lesar will provide the Agency with a

letter that specifically defines what he means by "any executive

conference of CIA officials" and that narrows the time frame of

his request.

CIA will then review the letter and determine

whether and how it can respond.

3.

Mr. Lesar said he used the term "executive conference"

From the discussions, it sounds like Mr. Lesar is looking for

minutes of Executive Committee meetings. He also indicated that

he is most interested in the period late-1963 until 1980.

HOwever,

we will wait until Mr.

Lesar provides us with his

letter.

For now, no

searches

need to. be conducted.

Robert

J. Batinger,

JI.

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JAMESH.LESAR

ATTORNEY AT LAW

IB F STREET. N.V.. ROOM SC

ASHINOTON. D.C. 2000

TELENONE (3021 303-1021

• JAMATION

January 4, 1993

VIA MESSENGER

Richard R. BrOWn

Trial Attorney

U.S. Department of Justice

Civil' DiViSiOn, ROOM 946

901 E Street,

N.W.

washington, D.C. 20530,

Re: Civil Action No. 81-2543 TAF (D.D.C.);

Mark A. Allen V. Dept. of Defensee et al.

Dear Rich:

Thank you for your letter of December 23, 1992, outlining de-

fendants' counter-proposal for settlement of

the above case.

In general, the settlement terms you have set forth are ac-

ceptable to my client.

There are, however, two additional matters

which must be included in any settlement agreement. The first con-

cerns attorney's fees. My client insists that he will not settle

this case without an acceptable provision for payment of attorney's

The amount of attorney's fees at issue is not great, a

little over 56,000, so I hope that this issue will not be an ob-

stacle to settlement.

second, although my client understands the problem that

searching for copies of "congressional records" would cause, and

is willing to drop his denand that such records be processed first.

before

before anyone particular record which he still wants processed

This is the House Select Committee's 375-page

report on Lee Harvey

Oswald's activities in Mexico City several

prior to President Kennedy's assassination.

As you may

recall, at a time when your predecessor, Stephen Hart, represented

the defendants,

the CIA, as part of a stipulation

parties,

clerk of the House of Representatives and

inquired whether this document could be processed for release to

Mr. Allen under the provisions of the Freedom of Information Act.

The Clerk of the House, MI. Donald K. Anderson, replied that under

the Rules of the House and precedents thereunder, he must withhold

consent and request that the cIA not process the draft study en-

titled "Lee Harvey Oswald, the CIA and Mexico City" for possible

disclosure.

(A COPY Of MI. Anderson's September 9, 1988 letter

is enclosed.) With passage of the President John F. Kennedy Assas-

any impediments to proc-

essing this record for release to Mr. Allen have been removed.

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## Page 17

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2

If your clients will agree to these additional provisions.

then my client will agree to the dismissal of this case with preju-

dice.

After you have had a chance to consider this response, please

give me a call.

I should be available for a period of time right

before noon, and again between 3:15 and 6:00 p.I.

sincerely yours,

James I. Lesar

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## Page 18

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Section 5, (c) (1), of the "President John F. Kennedy

Assassination Records Collection Act of 1992", signed into law by

former President George Bush on October 26, 1992, reads "not

later than 300 days after the date enactment of this Act, each

Government office shall review, identify and organize each

assassination record in its custody or possession for disclosure

review by the Review Board, and transmission to

the Archivist."

Additionally, subsection (2) (A) directs "in carrying

out paragraph (1), a Government office

shall determine which of

its records are assassination records."

subsection (G) (2), requires this Bureau to "give

priority to the identification, review, and transmission, under

the standards for postponement set forth in this Act, of

assassination records that on the date of enactment of this Act

are the subject of litigation under Section 552 of Title 5,

United

States Code."

Mark A. Allen, on April 6, 1981, requested all records

concerning the House Select Committee on Assassinations (HSCA)

investigation into the assassination of President John F.

Kennedy.

•Allen initiated his law suit in U.s.D.C., D.C. on May

22,1981, demanding the release to him of the requested records.

The Allen litigation clearly falls within the

guidelines of subsection (G) (2) of the JFK Act, therefore, it is

our goal to determine which records fall within the JFK Act

definition of "assassination records". Set forth below are the

criteria which should be utilized to

make a determination:

1.) Any mention of JFK and/or any Kennedy surname;

2 .)

Any document captioned "Assassination of President

John F. Kennedy, Dallas, Texas, November 22,

1963";

3.1

Any information regarding assassination threats

and/or allegations against any State or Federal

Government official;

4.)

. 5.)

Castro;

Information concerning the. Cuban "Bay of Pigs

operation," which

was sanctioned by the Kennedy

Administration;

6.)

being examined by the JFK Task Force.

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## Page 19

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List #2

ooe murncocrceooseoeeerweeraredeefreedte TW1".

---

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"CORE" SUBJECTS

JFK ASSASSINATION

He 62-109060

DL 89-43

NO 89-69

NO 97-74

BA AUTOPSY 89-30

WARREN COMMISSION

HQ 62-109090

DL 62-3588

NO 62-3702

LEE HARVEY OSWALD

HQ 105-82555

DL 100-10461

DL 9-1984

NO 100-16601

MX 105-3702

LR 105-406

NK 105-15291

JACK RUBY

HQ 44-24016

DL 44-1639

NO 44-2064

PREVIOUSLY PROCESSED PERTINENT FILE NUMBERS

"REGAFED" SUBJECTS

MARINA OSWALD

HQ 105-126032

DL 105-1435

NO 100-16926

GEORGE DEMOHRENSCHILDI

HQ 100-32965

DL 105-632

MARGUERITE OSWALD

HQ 105-147805

HQ 9-43042

HQ 9-41624

NO 100-17279

CLAY SHAW

HQ 44-41824

DAVID FERRIE

HQ 105-104340

RUTH PAINE

HQ 105-126128

MICHAEL PAINE

HQ 105-126129

Mission..ate!

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List #3

---

## Page 22

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ALPHABETICAL LIST OF PERTINENT NAMES

ASSASSINATION OF PRESIDENT JOHN F. KENNEDY, DALLAS, TEXAS,

NOVEMBER 22, 1963 (COMMONLY REFERRED TO AS JFK ASSASSINATION)

BERNARD, ALTON (PEN NAME, CLAY SHAW)

BERTRAND, CLAY (AKA., CLAY SHAW)

BERTRAND, CLEM (AKA., CLAY SHAW)

CLAVORIE, MARGUERITE (MAIDEN/NEE NAME, MARGUERITE OSWALD)

• DE (de) MAHRENSCHILDT, G.

DE (de) MARENSCHILDT, GEORGE

DE (de) MOHRENSCHILDT, GEORG

DE (de) MOHRENSCHILDI, GEORGE (SOMETIMES USES THE TITLE OF BARON)

DE (de) MOHRENSCHILDT, GEORGE

SERGIUS

DE (de) MOHRENSCHILDT, JERZY

DE (de) MORENSCHILDT, GEORG

-DE (de) MORENSCHILDT, GEORGE

DE (de) MORENSCHILDT, GEORGE SERGIUS

DE (de) MORENSCHILDT, JERZY

EKDAHL, EDWIN (MRS.) (AKA., MARGUERITE OSWALD)

EKDAHL, MARGUERITE (AKA., MARGUERITE OSWALD)

FERRIE, DAVID

FERRIE, DAVID WILLIAM

HIDELL, A.J. (AKA., LEE HARVEY OSWALD)

HIDELL, ALEK J. (AKA., LEE HARVEY OSWALD)

HIDELL, ALEX (AKA., LEE HARVEY OSWALD)

HYDE, RUTH (MAIDEN/NEE NAME, RUTH PAINE)

HYDE, RUTH AVERY (MAIDEN/NEE NAME, RUTH PAINE)

JFK ASSASSINATION (COMMON NAME FOR ASSASSINATION OF PRESIDENT

JOHN F. KENNEDY, DALLAS, TEXAS, NOVEMBER 22, 1963)

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## Page 23

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LEE, O.H. (AKA., LEE HARVEY OSWALD)

MAHRENSCHILDT, G.

MAHRENSCHILDT, JERZY

MARENSCHILDT, GEORGE

MCKENZIE, WILLIAM A. (MARINA OSWALD'S 2ND ATTORNEY)

MOHRENSCHILDT, GEORG

MOHRENSCHILDI, GEORGE (SOMETIMES USES THE TITLE BARON)

MOHRENSCHILDI, GEORGE SERGIUS

MOHRENSCHILDT, JERZY

MORENSCHILDT, GEORG

MORENSCHILDT, GEORGE

MORENSCHILDT, GEORGE SERGIUS

MORENSCHILDT, JERZY

NIKOLAEVNA, MARINA (AKA., MARINA OSWALD)

OSWALD, LEE HARVEY

OSWALD, LEE HARVEY (MRS.)

(AKA., MARINA OSWALD)

OSWALD, MARGUERITE

OSWALD, MARGUERITE CLAVORIE

OSWALD, MARGUERITE FRANCES

OSWALD, MARINA

OSWALD, MARINA NIKOLAEVNA

OSWALD, MARINA NIKOLAEVNA PRUSAKOVA

OSWALD, ROBERT EDWARD LEE (MRS.) (AKA., MARGUERITE OSWALD)

PAINE, MICHAEL

PAINE, MICHAEL (MRS.)

(AKA., RUTH PAINE)

PAINE, MICHAEL RALPH

2

---

## Page 24

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-

PAINE, RUTH

PAINE, RUTH AVERY

PAINE, RUTH HYDE

PIC, JOHN EDWARD (MRS.) (AKA., MARGUERITE OSWALD)

PIC, MARGUERITE (AKA., MARGUERITE OSWALD)

PORTER, KENNETH J. (MRS.) (AKA., MARINA OSWALD)

PORTER, KENNETH JESS (MRS.) (AKA., MARINA OSWALD)

PORTER, MARINA (AKA., MARINA OSWALD)

PORTER, MARINA N. OSWALD (AKA., MARINA OSWALD)

PORTER, MARINA NIKOLAEVNA (AKA., MARINA OSWALD)

PORTER, MARINA NIKOLAEVNA OSWALD (AKA., MARINA OSWALD)

PORTER, MARINA NIKOLAEVNA PRUSAKOVA (AKA., MARINA OSWALD)

PORTER, MARINA NIKOLAEVNA PRUSAKOVA OSWALD (AKA., MARINA OSWALD)

PRESIDENT'S COMMISSION ON THE ASSASSINATION OF PRESIDENT KENNEDY

(COMMONLY REFERRED TO AS WARREN COMMISSION)

PRUSAKOVA, MARINA (MAIDEN/NEE NAME, MARINA OSWALD)

PRUSAKOVA, MARINA NIKOLAEVNA (MAIDEN/NEE NAME, MARINA OSWALD)

RUBINSTEIN, JACK (AKA., JACK RUBY)

RUBY, JACK

SHAW, CLAY

SHAW, CLAY LAVERGNE

SHAW, CLAY R.

SHAW, CLAY W.

SHAW, LABARGNE (AKA., CLAY SHAW)

THORNE, JOHN M. (MARINA OSWALD'S 1ST ATTORNEY)

VON (von) MAHRENSCHILDT, G.

VON (von) MARENSCHILDT, GEORGE

3

---

## Page 25

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VON (von) MOHRENSCHILDT, GEORG

VON (VOn) MOHRENSCHILDT, GEORGE (SOMETIMES USES THE TITLE BARON)

VON (VOn) MOHRENSCHILDT, GEORGE SERGIUS

VON (von) MOHRENSCHILDT, JERZY

VON (von) MOHRENSHILDT, JERZY

VON (von) MORENSCHILDT, GEORG

VON (von) MORENSCHILDT, GEORGE

VON (von) MORENSCHILDT, GEORGE SERGIUS

VON (von) MORENSCHILDT, JERZY

WARREN COMMISSION (COMMON NAME FOR THE PRESIDENT'S

COMMISSION ON

THE ASSASSINATION OF PRESIDENT KENNEDY)

WHITE, ALLEN (PEN NAME, CLAY SHAW)

---

## Page 26

13-00000

OGC-93-50236

1 February 1993

MEMORANDUM FOR THE RECORD

SUBJECT: Allen v. DOD, Telephone Conversation with Steve Ross

On 28 January 1993, I returned the telephone call of

General Counsel of the House of Representatives.

Mr. Ross had spoken with the CIA GC earlier in the day. He

advised me that he had spoken with Jim Lesar about the draft

House report on Oswäld's activities in Mexico City that Mr. Lesar

wants expeditiously processed and released to him as a condition

of settling the subject FOIA litigation.

2. Mr. Ross said he told Mr. Lesar that the House had an

interest in whether the draft report was considered subject to

• are mont of Hour pot 10a

He told Mr. Lesar to send

After

Mr. Ross receives the letter, he will review it and provide

Mr. Lesar with the House's position. Mr. Ross is aware that the

parties

must report back to the court on 8 February 1993 and

promised Mr. Lesar to have a position before then.

3. Mr. Ross stated that the House is concerned with the

propriety of providing Mr. Lesar special access to a

congressional document, that is not subject to the FOIA, before

members of the general

public.

Litigation Division,

OGC

---

## Page 27

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DCI/OGC/RJE: ig

76105/ 1 Feb 1993

OGC-93-50236

Distribution:

1 - Jack Wright

1

1

- John Periera

- David Pearline

- Lit file

1. - EC

1

- WGJ

- RJE Soft file

1

1

- RJE Signer

- OGC Chrono

---

## Page 28

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OGC-93-50916

26 March 1993

MEMORANDUM FOR:

Information and Privacy Coordinato

chief, Historical Review Group

FROM:

Robert J. Eatinger, Jr.

Assistant General Counsel

Litigation Division, OGC

SUBJECT:

1. Today, I spoke with Rich Brown (DOJ) and Mary Rownan

(NARA) about the Agency's need to get copies of the JFK materials

it had sent to NARA in August/September 1992.

•I advised

Ms. Rownan that the Agency did not retain copies of records that

it had released to NARA in full (such as third-agency material).

Ms. Rownan stated that NARA would not want to return the

documents to CIA, however, CIA could come to NARA and make copies

at 10 cents per page. In order to avoid the costs, I asked

whether the Agency could bring its own copier or own paper.

said we could.

She will try to find space for us to make the

copies. She said she would call John Pereira Monday afternoon.

Ms. Rownan also advised that NARA had not prepared identification

aids for any of this material.

Ms. Rownan advised us that Diane Dimkoff of her office

had received a copy of a letter from Charlie Howell of the House

Administration Conmittee to David Gries demanding that House-

originated materials be turned over to NARA immediately.

Mr. Brown and I stated that the Agency would have to notify the

court before the Agency transferred possession of those

documents.

4.

Ms. Rownan stated that if CIA transferred the House-

originated materials to NARA, NARA would prepare identification

aids and then refer the records containing CIA information back

to CIA for processing under the Assassination Records Collection

wit

Robert

Fat inger

Jr

---

## Page 29

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OGC-93-50916

Distribution:

76105/ 29 Mar 1993

1 - Addressees

1

1

1

1

- EC

- WGJ

- Lit file

OGC Chrono

1

RiEs Soft file

Signer

- 1e

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## Page 30

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CIA SPECIAL COLLECTIONS

RELEASE IN FULL

2000

OGC-93-50935

1 April 1993

MEMORANDUM FOR: Director of Central Intelligence

FROM:

Elizabeth R. Rindskopf DpH

General Counsel

SUBJECT:

Lesar v. CIA, Request for Determination Whether

to Defend FOIA Litigation on Unreasonableness of

Search

1.

Issue. This memorandum seeks your determination whether

to resist a Freedom of Information Act (FOIA) litigation because

the required search would be unreasonable, or, as a matter within

your discretion, to undertake the search.

an ee the

We bring this issue to

your attention because the information sought relates to the

assassination of President Kennedy--a topic that was at the

forefront of DCI Robert Gates announced policy of openness.

2. Recommendation. We recommend you waive the objection

and direct the search be undertaken.

We request your

determination by 2 April 1993, because the Agency must respond to

the complaint by 5 April 1993.

3. Background.

The subject litigation challenges the

Agency's refusal to search the minutes of DCI Morning Meetings

from 22 November 1963 through 31 December 1979 for information

pertaining either to the assassination of President John F.

Kennedy, or any investigation into that assassination. The

minutes of DCI Morning Meetings are not indexed, but only filed

in chronological order.

Therefore, the Agency would have to read

every page of all minutes for a 16 year period. Until the mid-

1970s, DCI Morning Meetings were held every morning.

After that

time they were held weekly.

The DCI/IRO estimates that the

minutes for this period of time will amount to eight linear feet

of paper and that it would take one person 72 uninterrupted

workhours to review this amount of material. There is no

guarantee that much, if any, responsive information will be found

if the material is searched. If responsive information is

identified, additional time would be necessary to process the

responsive

pages.

4.

The Agency attempted to resolve this dispute informally

by offering to search any 36 months during the 16 year period

identified by plaintiff.

The DCI/IRO believed a search limited

to 36 months would not be unreasonable. However, plaintiff

rejected this offer.

Match... 0601? 101101. 1

---

## Page 31

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SUBJECT: Lesar v. CIA, Request for Determination Whether to

Defend FOIA Litigation on Unreasonableness of Search

The Law. Under the FOIA, a request must be sufficiently

specific to permit a professional

agency employee familiar with

the subject area to locate the record with a reasonable amount of

effort.

The Department of Justice is prepared to file a motion

to dismiss the lawsuit on the grounds the effort required to

locate the responsive records is unreasonable because there is no

index for the minutes of DCI Morning Meetings.

thus, Agency

employees would have to read eight feet of paper for

information

that may not even be there. However, Judge Richey has this case

and he could decide either that the burden is not unreasonable,

or that any unreasonable burden is caused by the Agency's failure

to index these records.

Policy.

As a matter of discretion, you can accept the

burden of an unreasonable search. Former DCI Gates recognized

the public interest in any Agency holdings on the assassination.

Further, the Congress passed, and President Bush signed, the

President John F. Kennedy Assassination Records Collection Act of

1992 (ARCA). Under the ARCA, the Agency must process for release

to the National Archives all records pertaining to the

assassination of President Kennedy.

The Historical Review Group

(HRG) is currently reviewing assassination material collected as

part of the House Assassination Committee's investigation.

appears that the Agency did not search the minutes of DCI Morning

Meetings as part of the House's investigation, and the HRG does

not currently plan to search those records.

However, the ARCA

directs the establishment of a Review Board that can

subpoena

records from government agencies.

It is foreseeable that the

Review Board (not yet established) may subpoena the minutes,

possibly at the suggestion of the plaintiff if the Agency

successfully defends this litigation.

If a subpoena were issued,

the Agency would have to conduct the search. Further, the

plaintiff could send the Agency another FOIA request for the

minutes of DCI Morning Meetings without regard to subject matter.

Such a request would clearly be proper and obviously more

burdensome to process.

7: If you agree that the Agency should search this material

for information related to the assassination of President

Kennedy, a future FOIA requester might argue that the Agency can

no longer claim that a search of the minutes for other subject

matters would be unreasonable.

The Agency could respond to this

indument on the basis the ARCA created an duty to search

independent of the FOIA.

David P. Holmes

fa Blizabeth R. Rindskopf

2

---

## Page 32

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SUBJECT:

CONCUR :

Lesar v. CIA, Request for Determination Whether to

Defend FOIA Litigation on Unreasonableness of Search

4 2/93

Date

---

## Page 33

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76105/ 30 Mar 1993

Distribution:

1 - Addressee

1

• - Jack wright

1

- John Pereira

1

- ERR

1 - EC

1 - WGJ

1

- Lit file

1

- OGC Chrono

1

RJE Soft file

1 - RJE Signer

---

## Page 34

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OGC-93-50976

1 April 1993

MEMORANDUM FOR:

David M. Pearline

Deputy Director for Legislation, OCA

FROM:

Robert J. Eatinger, JI.

Assistant General Counsel

Litigation Division, OGC

•SUBJECT:

Allen v. DOD, Copy of Letters from House and

National Archives Requesting Transfer of House-

originated Materials to National Archives

1. For your information, please find attached copies of a

21 December 1992 letter from Chairman Rose of the Committee on

House Administration to the Archivist of the United States, and a

23 March 1993 letter from Michael L. Gillette, Director,

for Legislative Archives,

requests the National Archives' Center for Legislative Archives

assist the House in fulfilling the requirements of the President

John F. Kennedy Assassination

. Records Collection Act of 1992.

Mr. Gillette's letter says that the Archives has been instructed

by the House to take physical possession of the materials stored

by the Agency that were originated by the House Select Committee

on Assassinations (HSCA) .

2. The HSCA-originated materials are the subject of the

long-standing FOIA litigation Allen v. DOD, et al. The

be able to transfer the HSCA-Originated materials without the

DOJ is also in

contact

this matter.

Steve Ross, General Counsel for the House, regarding

Robert J. Eat

---

## Page 35

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OGC-93-50976

Distribution:

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1

- Jack Wright

1 - John Pereira

1 - ERR

1 - EC

1

- WGJ

1

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1

-

OGC Chrono

1

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## Page 36

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• MAR-31-93 WED. 8:46

03/80/09

18:57

HAFETE ROSE NDNTH CAROLINA

MAFIA!

.8L1M80N3

FENTUATU

gUU:

A5-1T15123

ЦИМ МА ГНОМАЦСМИРОВНІ

RANKING MINORITY MONROE

Congress of the Inited States

Frouse of Representacues

COMMITTEE ON HOUSE ADLANISTRATION

SUTTE 14.328, UB, CAPITOL

226-2081

Wastingone, +7520515-6151

December 21, 1992

DO LENT CO

CHEF COMET.

LAL, CO

MADEL DO THE CHARIA

CONNY STANt CUBA

DI. Don W. Wilson

Archivist of the United States

National Archives and Records Administration

Ith and Pennsylvania Avenue, N.".

Washington, DC 20408

Dear DI. Wilson:

The Assassination Materials Disclosure Act of 1992. (the JFK Act)

provides for the expeditious disclosure of records relevant to

the assassination of President John E. Kennedy.

To comply with

the JFK Act, the records of the House select Committee on

Assassinations (HSCA) must be reviewed under the resolution's

specific standards fox postponement or public disclosure.

Therefore, the Comittee on House Administration requests that

the stafI of the National Archives. Center for Legislative

Archives assist in Iulfilling the requirements of the

assassination Materials Disclosure Act on behall of the

committee.

This process includes the lollowing:

* Screening the assassination records

' Completing.&

unigue identification form for each

assassination record

* Creating a data base from the identification forms

= Transmitting

assassination records to the Review

Board for ite consideration

* Coordinating the transmittal of assassination

recards to third agencies for their review

* Photocopying the usca racords for placement in the

NARA JEK Collection

the committee on House Administration wants to ensure the full

implementation of this legislation as it pertains to the records

oction 6 of the JFK Act, wnich establiehes guidelines for the

of the House Seleot committee on Assassinationa.

release of pastponement of assassination records, should be

Interpreted in a way that will maximire the release of

information.

The Legislative Archives Staff should consult with

the conmittee for further interpretations of the guidelines, and

keep the clerk of the flouse informed of such interpretations.

---

## Page 37

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• MAR 31-93 WED 8:46

08/30/43

16:68

P. 02.

Any records walch the staff believes should not be disclosed at

this time.

are to be transmitted to this Comittee for

deternination and referral to the review board.

coples of

security classified docunents, originally created by Executive

branch agencies, should be sent to the originating agency for

revlew, prlor to a determination by the Archives staff for the

conmittee regarding disclosure.

In accordance with Section 5(d) (2) (A,B, &C) Center staff will

complete a unigue, standard identitication forn for each HSCA

assassination record.

upon completion, stafi will attach a cop.

of the Identification form to a printad copy of the document it

describes.

If canter staff transults a document to the

Committee, a printed copy of the identification forn will also be

tranemittad.

The Center staff will also attach a printed copy of

the form to each iSCA assassination recard in the JiK collection.

The Comittee will provide additional personnel for this task to

the extent that resources are avallable. I appreciate this

opportunity to work with you, and thank you in advance for all of

your arblatance.

incerely

Marlie Rose

Chairman

CR/heg

---

## Page 38

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MAR 29 '93

01:56PM CSI

National

Archives

P.222

round

Washington, DC 20408

March 23, 1993

-

David D. Gries

Director, Center for the Study of Intelligence

Central Intelligence Agency

ROOm 404

Ames Building

Washington, DC 20505

Dear Mr. Gries:

The United States House of Representatives has designated the staff

of the National Archives! Center for Legislative Archives as their

agents in reviewing the records of the House Select Committee on

Assassinations (HSCA--the Stokes Committee) under the provisions of

the Assassination Materials Disclosure Àct of 1992.

As part of this arrangement, the House Administration Committee

(HAC) has requested that the Center take physical possession of the

twenty HSCA boxes that the CIA has maintained as a segregated unit

and has held in courtesy storage for the HSCA.

Diane Dimkoff of

wy staff has been in contact with John Pereira concerning these

records, and she will be our contact person for this project. You

may reach either Diane of me on (202) 501-5350. I know that we can

work out a swooth transfer of these records,

as we have already

had mutually beneficial meetings with your staff regarding the JFK

Project.

Sincerely,

Director

Center for Legislative Archives

cc: John Pereira

---

## Page 39

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CENTRAL INTELLIGENCE AGENCY

WASHINGTON, D.C. 20505

Office of General Counsel

OGC-93-51110

6 April 1993

Pamela A. Moreau, Esq.

=

Federal Programs Branch

Civil Division

U.S. Department of Justice

901 E Street, N.W.

Washington

,D.Є. 20530

Re

Lesar v. CIA,

NO

92-2215 CRR

Dear Ms. Moreau:

This letter advises you that the Director of Central -

„Intelligence has determined, as a matter of policy, to direct the

Agency to search the minutes of DCI Morning Meetings for

information responsive to the Freedom of Information Act request

underlying the referenced litigation.

Pursuant to our conversation with James Lesar, the search

will be limited to the minutes for meetings occurring on or

between the dates 22 November 1963 and 31 December 1979.

may constitute

Assassination Records Collection Act of 1992, (ARCA) , Pub. I. No.

102-526, 106 Stat. 3443 (October 27, 1992) •

Therefore,

responsive portions probably will be transferred to the Agency's

Historical Review Group (HRG) for processing under the standards

of the ARCA.

_The ARG, already fully engaged processing the

records at issue in the Allen v. DOD and AARC V. CIA cases:

probably will not be able to address this information until late

summer or early fall 1993.

Under the ARCA, the Agency has until

22 August 1993 to complete its review of identified assassination

records. The HRG is making its best possible effort to meet that

deadline.

In light of the Director's decision, I see our options for

responding to this litigation as:

(1) moving to dismiss the case for failure to exhaust

administrative remedies--no administrative appeal. It

successiul, this would remove plaintiff's argument that he

is entitled to some expedited treatment under the ARCA.

(2) moving for an Open America stay on a first-in,

first-out basis.

There are a number of FOIA requests that

predate the one at issue in this case.

For instance, the

Allen request predates this one and,

therefore, should be

processed first, even if the litigation is settled.

---

## Page 40

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Pamela A. Moreau, Esq.

(3) attempting to settle with Mr. Lesar by agreeing to

provide him with free copies of whatever responsive portions

of the minutes are located and released under the ARCA. In

exchange for this agreement, Mr. Lesar must dismiss tbe

litigation with prejudice.

Each option has its own merits. Please call me so we may

discuss these courses of action.

Sincerely,

obert J. Eatinge

ssistant General Counse

2

---

## Page 41

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DCI/OGC/RJE: ig

76105/ 6 Apr 1993

OGC-93-51110

Distribution:

1 - Jack Wright

1 - John Periera

1 - DCI/ IRO

1 - EC

1 - WGJ

1 - hit file

1 - OGC Chrono

1 - RJE Soft file

1

- RJE Signer

---

## Page 42

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OGC-93-51282

21 April 1993

MEMORANDUM FOR THE RECORD

SUBJECT:

Allen v. DOD, AARC v. CIA, and Lesar v. CIA, Meeting

with Jim Lesar

The

purpose of the meeting was to discuss settling the three subject

with ri a the met ing

1. Today, I attended a meeting at the Justice Department

with Richard Brown and Pamela Moreau of DOJ and Jim Lesar.

FOIA litigations.

DoJ will begin drafting settlement agreements

to dismiss all three cases with prejudice.

2. With respect to the Allen/AARC cases, Mr. Brown informed

Mr. Lesar of the meeting with NARA,and the House.

Charles

Howell, Chief Counsel to the Housé Committee on Administration,

had promised to propose to his principals that the House send

NARA a letter.

That letter would authorize NARA to permit CIA to

process House-originated materials before sending them to NARA

and would direct that the entire segregated collection be stored

together.

Mr. Brown advised Mr. Lesar that upon NARA's receipt

of this letter, the Agency would be in a position to agree to the

following settlement terms:

Within 30 days' of signing the settlement agreement,

CIA will provide Mr. Lesar with copies of the materials

already sent to NARA last summer, minus the one box of

third-agency material that needs

to be processed.

With respect to the remaining Executive branch material

in the collection:

A copy of documents to be released with no

redactions will be provided to Mr. Lesar, with a copy

of the documents' identification aids, within five

working days after it is transmitted to NARA.

A copy of documents to be released with redactions

will be provided to Mr. Lesar, with a copy of the

documents' identification aid, within five working days

after it is transmitted to the Review Board. If the

1 I told Mr. Lesar I would have to check on the feasibility

of this time perioa.

I was not sure of the capability of the

reproduction facilities NARA was providing the Agency to

reproduce the documents.

---

## Page 43

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SUBJECT: Allen v. DOD, AARC v. CIA, and Lesar v. CIA, Meeting

with Jim Lesar

Review Board orders additional information released,

and no appeal is taken to the President, a copy of the

new version of the document will be provided to

Mr. Lesar within five working days after it is

transmitted to NARA.

If a document is withheld in its entirety, a copy

of the identification aid, if possible, will be

provided to Mr. Lesar within five working days after

the documents is transmitted to the review board.

With respect to House-originated material in the

collection, CIA will obtain a copy of the version of the

document to be made available to the public at NARA and

provide that copy to Mr. Lesar, free of charge, within five

working days after it is made publicly available by NARA.

In consideration of the above, Mr. Lesar will dismiss

both the Allen case and the AARC /case with prejudice.

However,

DOJ will permit him to litigate his entitlement to attorney's

Mr. Lesar agreed to the above.

He

did, however, want some commitment from the House that it would

direct NARA to give priority processing to all House-originated

materials in CIA's segregated collection. I explained to

Mr. Lesar that the House material was not segregated and

therefore, NARA could not process the documents until it received

them from us. Further, CIA would send the materials to NARA by

the box and would not segregate House materials to ship

separately.

I advised Mr. Lesar that the archival integrity of

the collection was

of particular importance to the House.

seemed satisfied with this explanation and, I think, will drop

this new demand for expeditious processing by NARA of all the

House documents.

4.

Mr. Lesar asked how the Agency was coming with its

processing.

I advised him that we were still trying to work out

technical problems with the software NARA sent us to prepare the

identification aids.

Rich Brown then joked that we probably

would not have a Review Board appointed until 1995 anyway.

5. With respect to the Lesar v. CIA case, Mr. Lesar agreed

to settle that case on the following terms:

2 This FOIA litigation seeks copies of those portions of

the minutes of DCI Morning Meetings that pertain to the

assassination of President Kennedy or to investigations into that

assassination,

2

... ...

---

## Page 44

13-00000

SUBJECT: Allen v. DOD, AARC V. CIA, and Lesar v. CIA, Meeting

with Jim Lesar

CIA will review the minutes from 22 November 1963

through 31 December 1979.

The Agency does not need to

review any entries for the year 1972. MI. Lesar will

provide the Agency with a list of names that may assist

reviewers to identify assassination-related discussions in

the minutes of DCI Morning Meetings.

If the Agency identifies any responsive information, it

will process that information pursuant to the Assassinatior

That means redactibns will have t

be approved by the Review Board. Mr. Lesar confirmed the

Agency may redact any entry on a page of the minutes that is

not responsive to his request.

:: CIA will provide Mr. Lesar with copies of the

responsive portions that are not redacted as soon as they

are prepared.

CIA will provide him with copies of sanitized

responsive portions that are sanitized within five working

days after transmitting thosg portions to the Review Board.

If the Review Board orders additional information released,

and:no appeal is taken to the President, a copy of the new

version will be provided to Mr. Lesar within five working

days after it is transmitted to NARA.

In consideration of the above, Mr. Lesar will dismiss

ne case with prejuaice 1I the government agrees to pay hi

:1l1ng cost (9125)

Rat

Robert J

Eatinger

Assistant General Counsel

Litigation Division, OGC

3

---

## Page 45

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OGC-93-51282

Distribution:

1 - Jack Wright

1 - John Periera

1 - Becky Rant

1

EC

1 - WGJ

1

- Lit file

1

- OGC Chrono

1

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## Page 46

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OGC-93-51982

15 June 1993

-

MEMORANDUM FOR: Information and Privacy Coordinator

Chief, Historical Review Group

DCI / IRO

FROM:

SUBJECT:

Robert J. Eatinger, JI.

Assistant General Counsel

Litigation Division, OGC

Lesar v. CIA, Proposed Settlement Agreement

Sent to Jim Lesar, F91-1334

Attached for your files is a copy of the Stipulation of

Settlement and Dismissal signed by the court in the referenced

FOIA litigation.

This case is over.

Robert 6. Eatinge

Attachment

---

## Page 47

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. .

DCI/OGC/RJE: ig

76105/ 15 Jun 1993

OGC-93-51982

Distribution:

1 - C/IP&CRD (w/att)

1 - C/HRG (w/att)

1 - DCI/IRO (w/att)

1 - Lit file (w/att)

1 - WGJ (wo/att)

1

- RJE Soft file (w/att)

1

1

- RJE Signer (wo/att)

- OGC Chrono

(w/att)

:

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## Page 48

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..

IN THE

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

JAMES H. LESAR

Plaintiff,

General Counsel

193-0376/

FILED

JUN 0 7 1993

Clerk, U.S. District Court

Diatrict óf Columbia

CA No. 92-2215 CRR

v.

CENTRAL INTELLIGENCE AGENCY,

Defendant.

)

)

STIPULATION OF SETTLEMENT AND DISMISSAI

Plaintiff, James H. Lesar,

and defendant, the Central'

Intelligence Agency ("CIA") hereby stipulate and agree, subject to

Court approval, as follows:

1...

Defendant enters into this Settlement Agreement

voluntarily, submitting that its actions have complied with the

requirements of all applicable laws, rules and regulations. The

parties agree that nothing in this Settlement Agreement is evidence

of, or premised upon, a finding or admission of liability against

the defendant, nor upon any violation of any applicable law, rule

or regulation.

2. The records deemed to be at issue in this case are defined

as those portions of the minutes of Director of Central

Intelligence ("DCI") Morning Meetings, for meetings held on or

between November 22, 1963 and December 31, 1979, that pertain to

the assassination of President Kennedy or any investigation

thereof.

3.

Defendant agrees to process the records as defined in

paragraph 2 of this stipulation pursuant to the President John F.

-

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## Page 49

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Kennedy Assassination Records Collection Act of 1992 (the "ARCA"),

Pub. L. No. 102-526, 106 Stat. 3443 (Oct. 26, 1992) (to be codified

at 44 U.S.c.§

2107 note).

4. Defendant agrees to provide to plaintiff, at no -cost,

copies of the documents, after processing by defendants under the

following conditions:

a. Where, after processing under the ARCA, records as

defined in paragraph 2 are to be released in full (without

redaction) to the public and are transferred by CIA to the National

Archives and Records Administration ("NARA"), the CIA agrees to

provide plaintiff with copies of such documents and the

identification aids prepared by the CIA for such documents, within

five (5) business days after their transfer to NARA;

b. Where, after processing under the ARCA, the CIA

determines to postpone the public disclosure of portions of agency

documents, under the standards contained in the ARCA, and notifies

the Assassination Records Review Board (the "Review Board") of that

decision, the CIA agrees to provide plaintiff with copies of such

documents, redacted by the CIA to eliminate the information for

which postponement of disclosure is sought, and the identification

aids prepared for those documents within five (5) business days

after the CIA transmits those documents to the Review Board; if

appropriate, the identification aids prepared for such documents

shall also be redacted to eliminate

information for which

postponement of disclosure is sought.

c. Where, after processing under the ARCA, the CIA

2

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## Page 50

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determines to postpone the public disclosure of agency documents in

their entirety, under the standards contained in the ARCA,

and

notifies the Review Board of that decision, the CIA agrees to

provide plaintiff with either copies of the identification aids

prepared for such documents (if the identification aids can be

disclosed without revealing information for which postponement is

sought) or a list identifying those documents, to the extent such

a list can be constructed without disclosing information sought to

be postponed.

d. Should the Review Board overrule the CIA's decision :

to postpone the release of information in the documents at issue

and determine that information contained in agency documents

previously withheld by CIA should be publicly disclosed, and the

President of the United States does not overrule the Review Board's

determination

as provided in section 9(d) of the ARCA, the CIA

agrees to provide plaintiff, at no cost, with copies of documents

containing the additional information ordered released by the

Review Board within five (5) business days after the CIA transfers

those documents to NARA.

5.

Defendant's obligation to provide plaintiff with

additional copies of documents ordered released by the Review Board

shall terminate one (1) year after the termination of the Review

Board.

Defendant agrees to pay plaintiff $120.00, representing

plaintiff's filing fee.

7.

In consideration of the foregoing, plaintiff agrees to

3

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## Page 51

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dismiss the above-captioned case, with prejudice.

8.

This stipulation contains the entire agreement of the

parties concerning the subject matter of this litigation and shall

be effective upon Court approval.

Respectfully submitted,

Lament. Terre

Esquire

20004

Washington, D.C.

(202) 331-9260

Dated:

Attorney for Plaintiff

Acting Assistant Attorney General

J. RAMSEY JOHNSON

United States Attorney

PamelaA. Monea

ELIZABETH

A. PUGH

PAMELA A.

MOREAU

U.S. Department of Justice

Civil Division,

Room 946

901 E Street,

N.W.

Washington, D.C.

20530

Telephone: (202) 514-5751

Dated:

5/28/93

Attorneys

for Defendants

м .

APPROVED AND SO ORDERED:

27/1/23

CHARLES R. RICHEY

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## Page 52

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3.3

13 January 1994

MEMORANDUM FOR: DCI / IRO

VIA:

FROM:

CSI /FOIA Referent

John F. Pereira

Chief, Historical Review Group

SUBJECT:

FOIA Request F93-2003

The subject request Ts"for 11"records pertaining

to "The President John F. Kennedy Assassination Records Act

of 1992."

Also requested are "agency interpretations of the

Act and

any instructions given to agency employees on

implementation of the Act."

2.

As far as HRG is concerned, we are processing

relevant Agency records under the Act for release to the

National Archives.

. More than 125,000 pages have already

been released to the Archives, where they are available to

the public.

are applying the JFK Assassinations Records

Act in determining what information is to be released.

Section 6 of the Act provides the standards for our

recommendations as to what information should be withheld.

3.

Beyond the Act, there is no formal HRG file of

instructions on implementing the Assassinations Records Act.

Guidance is generally given orally to HRG officers.

In

addition, we use informal, internal notes to indicate that

certain names or other specific information may or may not

be

released.

the Percia

John F. Pereira

"TE:

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## Page 53

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SUBJECT: FOIA Reguest F93-2003

DCI /CSI/HRG/JFPereira:hfs/X30335

Distribution:

original - Addressee

1

- Adair A.

1

- Barry H.

1 - HRG File (3.3)

•-I-esiN

(13 Jan 94)

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## Page 54

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PRIORITY HANDLING

SUBJECT: (O pronol)

ZAID, MARK

INFO RE: JFK ASSASSINATION RECORD COLLECTION

FROM: ROBERT MAHLKE

2083, 30559

EXTENSION

DATE SENT

CAECI CANADA

2766, 30563

IP&CRD /ISG/OIT

SUSPENSE DATE

FOIA REQUEST

REOLEST NUMBER

F93-2003

17 NOVEMEBER 1993

TO: (Onver designation, room number, and

building)

DATE

RECINED

OFFICER'S

INITIALS

COMMENTS (Number doch comment. lo shom trom unhom

to ontom.

Deon a line across column ofter doch commeni.)

DDO/ESG/ALB

GA43 OHB

30 570 vi

PLEASE PROCESS THE ATTACHED

FOLAXREQUESINE

2.

3.

DCI / IRO

6E2914

HQS

Б'ГА

CSI/HRG

I SEARCH UTMOREDATE OUTY

29Nov3Jan94

93

FEES:

5.

NOTE FOR DCI/IRO:

SUGGEST TASKING OGC AND HR

IS AGENCY"S PRINCIPLE

IMPLEMENTORS OF THE

JFK RECORD ACT.

6.

C/1nd

1010941: 291

7.

3 to 4: Your response

with recommendations, please:

(SI FCIA REFERENT

8.

[CI/I20

9.

10.,

11.

12.

RETURN TO.

ACTION: DDO, DCI

IP&CRD/ISG/OIT 1107 AMES BLDG.

PRIORITY HANDLING

FOIA REQUEST

1.0PM 3749 .

zars! -l"!

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## Page 55

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2 0 0CT 1993

Mark S. Zaid, Esquire

1600 south Eads Street

Suite 118-S

Arlington, Virginia 22202

Reference: F93-2003

Dear, Mr. Zaid:

This is to acknowledge receipt of your 4 October 1993

Freedom of Information Act (FOIA) request for "all records

Records Collection Act of 1992', codified at 44 U.S.C. S 2107.

This would include records in which the name is captioned in

the title or merely appears within the text of the document.

Specific records sought include agency interpretations of the

Act and any instructions given to agency employees on

implementation of the Act."

We can search for information responsive to your request.

With respect to your request for a fee waiver, we have reviewed

your request and have determined that the information you seek

from Agency files would contribute significantly to the public

understanding of the operations and activities of the United

States Government. Therefore, your reguest for a fee waiver

has been granted.

Accordingly, we have accepted your request

which will be

processed in accordance with the FOIA, 5 U.S.C. § 552, as

amended, and the CIA Information Act, 50 U.S.C. § 431.

Our

search will be for documents in existence as of and through the

date of this acceptance letter.

The heavy volume of FOIA requests received by the Agency

has created delays in processing.

Since we cannot respond

within the 10 working days stipulated by the Act, you have the

right to consider this as a denial and may appeal to the CIA

Information Review Committee.

however, to have us continue processing your request and respond

continue processin,

It would seem more reasonable,

as soon as we can.

You can appeal any denial of records

at that

time.

Unless we hear from you otherwise, we will assume

that

you agree, and we will proceed on this basis.

Jim Thing!"

Cobrdinator

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## Page 56

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• .

OIT/ ISG/ IP&CRD/RPM/faj/140CT93

Distribution:

Orig - Adse

1 - Chrono

1TP&CRD/F93-2003 ACK; Ready for processing

ID# 32322

24800.=

an....

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## Page 57

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MARK S. ZAID

Attorney-At-Law

1600 South Eads Street, Ste. 118-S

Arlington, Virginia 22202

(202) 296-8003

(202) 296-8051 fax

Car 7 / 30 FM °93

-

Freedom of Information Act Request

October 4, 1993

John H. Wright

IPD Coordinator

IPD Registry

Central Intelligence Agenc

Nashington, D.C. 20505

593-2003

Dear Mr. Wright:

RPH/CC

Under the Freedom of Information Act, 5 U.S.C. §552, I am requesting access to or

copies of:.-

a) all records pertaining to "The President John F. Kennedy Assassination

Records Collection Act of 1992"

, codified at 44 U.S.C. § 2107. This would include

records in which the name is captioned in the title or merely appears within the text of

the document. Specific records sought include agency interpretations of the Act and

any instructions given to agency employees on implementation of the Act.

Furthermore, your search should include, but not-be limited to, the indices of the

Directorate of Administration (including the Office of Security), the Directorate of

Operations and the Directorate of Intelligence.

If there are any fees for copying or searching for this information, please supply the

records without informing me of the costs it the fees do not exceed $50. However, under

5 U.S.C. § 552 (a)(4)(A) I hereby request a waiver of all fees associated with this

request.

GREN *3• MANY

CLOSED

RETIRED

SUBJECT

ENR

I submit that "disclosure of the information is in the public interest because it is likely to

contribute signiticantly to public understanding of the operations or activities of the

groups." Ettlinger. v. FBI, 596 F.Supp. 867, 872 (D.Mass. 1984).

If you deny all or part of this request, please cite the specific exemption you think

justilies your refusal to release the intormation ana notity me or appeal procedures

available under the law. In excising material, please "black out" the material rather thar

"white out" or "cut out". Furthermore, as required by law, please attempt to respond

within 10 working days.

I look forward to your response.

Fied gil

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## Page 58

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CAFE FCE ROTON TO

DSO A:

JAMESH. LESAR

AND/OR

ATTORNEY AT LAW

RELEASE CA CIA INFORMATION

IN THIS DOCUMENT

918 F STREET. N.W.. ROOM 509

WASHINGTON. D.C. 20004

TELEPHONE (202) 393-1921

FREEDOM OF INFORMATION ACT REQUEST

3 5513 34

November 25, 1994

Mr. John H. Wright

Freedom of Information and Privacy

Coordinator

castead on elice 20e agency CLOSED - MAnY

PD Registry

Washington, D.C. 20505

1Y-2344

Dear Mr. Wright:

RETIRED

_Miny

SUBJECT SELECID

RPM/PR

I represent the Assassination Archives and Research Center.

pursuant to the Freedom of Information Act ("the FOIA"" in

U.s.c. §

552, I request a copy of any index or inventory

electronic format of

the following records:

(1) Lee Harvey

Oswald's 201 file; (2) the "segregated collection" of records which

the CIA made available to the House Select Committee on Assassina-

tions; and (3) any other records which the CIA has processed pursu-

ant to the President John F. Kennedy Records Collection Act of

1992.

I want copies of any and all such indices

in their current

state, regardless of whether they are "complete."

anst seran

James H. Lesar

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## Page 59

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24 APR 1995

MI. James Lesar

Attorney at Law

918 F Street, N.W., Room 509

Washington, D.C.

20004

Reference: F94-2344

CIA SPECIAL COLLECTIONS

RELEASE IN FULL

2000

Dear MI. LeSaI:

This is to acknowledge receipt of your 25 November 1994

Freedom of Information Act (FOIA) request, submitted on

behalf of the Assassination Archives and Research Center, for

"a copy of any index or inventory in electronic format of the

following records:

(1) Lee Harvey Oswald's 201 file; (2) the

'segregated collection' of records which the CIA made

available to the House Select Committee on Assassinations;

and (3) any other records which the CIA has processed

pursuant to the President John F. Kennedy Records Collection

Act of 1992.

You further state that "(you] want copies of

any and all

such indices in their current state, regardless

of whether they are 'complete.'"

With respect to items 1 and 3, as you are aware, the

Agency's Historical Review Group is preparing an electronic

index of JFK assassination records which is being forwarded

to you in sections as each section is completed. This

activity includes Oswald's 201 file.

Further, with respect to items 2 and 3, these items are

identical to items 1 and 2 of your 15 October 1994 FOlA

request, F94-1959.

Please refer to paragraphs 2 and 3 of our

12 December 1994 response to your 15 October request wherein

we addressed these items.

we are unable to assist you further in this matter.

Since;

Jim angE

194.464619.40f11po.-14

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## Page 60

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0 6 SEP 1995!

Paul D. Newey, Esquire

Adamowski & Newey

1034 W. Altgeld Street

Chicago, Illinois

60614

Reference:

F95-1225

Dear Mr. Newey:

This is to acknowledge receipt of your 11 July 1995

Freedom of Information Act (FOIA) request for records on the

following deceased individual:

"Richard Scully CAIN, a/k/a Richard s. CAIN, a/k/a

Ricardo SCALZETTI, a/k/a Richard SCALZETTI, a/k/a

Ricardo SCALZITTI, a/k/a Richard SCALZITTI, a/k/a

Richard SCULby."

Our records show that we conducted a thorough search

• under the FOIA for records pertaining to the subject of your

request on behalf of a previous requester.

We located

materiäl which was reviewed and denied in its entirety.

However.

since your letter mentions allegations of an

association of the subject of your request with the

assassination of President Kennedy, you should know that this

Agency's records on the assassination of President Kennedy

have been re-reviewed under the narrower nondisclosure

provisions of the President John F. Kennedy Assassination

Records Collection Act of 1992.

These re-reviewed records

have been transferred to the National Archives and Records

Administration (NARA) in compliance with the Act. For copies

of these records you should submit your request to NARA at

the following address:

Archives Review Branch

Records Declassification Division

Room 18W

National Archives and Records Administration

7th and Pennsylvania Avenue, N.W.

Washington, D.C. 20408

Also in accordance with the Act, those records whose

public disclosure in whole or in part has been recommended

for postponement are now undergoing further re-review by the

Presidentially appointed Assassination Records Review Board

(ARRB) .

The ARRB process is likely to result in more public

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## Page 61

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disclosure of information from these records.

Consequently,

these records will not be reviewed again by this Agency

pending ARRB determinations which, in turn, must be approved

information in such records, whose postponement of public

disclosure is continued by the President, will become subject

to the requirements of periodic review as specified in the

We hope that we have been of some assistance with your

request.

..Sincerely.

Gen. S. Fa

me on ana tracki n

Information and Privacy Coordinator

OIT/MSG/IP&CRD/RPM/faj / 3AUG95

Distribution:

Orig - Adse

1 -

IP&eRD Chrono

1 - IP&CRD/ F95-1225

REF

1 - DCI /CSI/HRG

404 Ames

Attn: Gloria Boyd (FYI)

1

- RPM

g: \ipcrawp\freedom\RPM\05632.doc

---