NOMINATION OF(Sanitized) FOR THE 1976 YOUNGER FEDERAL LAWYER AWARD

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Document Number (FOIA) /ESDN (CREST): 
CIA-RDP79-00498A000500030005-8
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RIPPUB
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K
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12
Document Creation Date: 
December 9, 2016
Document Release Date: 
August 4, 2000
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5
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Publication Date: 
June 3, 1976
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MF
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00 Re 1stry Approved For Release 2002/05/02 : CIA-R 9-00'4 A00 00Q300 OGC HAS REVIEWED. 26-_ r~~ ] DU FOR: Director of Central Intelligence VIA SUBJECT the 1976 Youngo earent nvited Mxnations for the Y i g W3 e r awyerrAwards by 11 June 1976, The purpose of this awards program is to encourage younger Federal lawyers to attain high standards of professional achievement and to accord public recognition for outstanding performance. Candidates must be under age 36. The Agency has not submitted a precious nomination. The 1976 awards will be presented at t he Annual Convention of the Federal Bar Association in Sep- timber - ..-.s..--..&. ?. .v a u' . 3.stzr J.i #i I ounger r eatra1. Lawyer Awards Committee, dated 23 April 1. Action Requested: That you approve the nominio S ATINTL r, I r"the 1976 Younger Federal L ^ ' awye~ W M Q U and that you sign the attached letter to Mr. T. Grant Callery, Chairman, Younger Federal Lawyer Awards Committee. 2. Basic Data or hack round. Ref i c STATI NTL 3. Staff Position; has been recom- mended as a caTte'or this award by the office of General Counsel. The attached nominating document was prepared by 4CC and has been reviewed and concurred in by representatives of the Cover and Commercial Staff and the Office of Security. W. M. Janney actor of Personnel Deputy Director for Administration Nomination of Fed a JUN 1976 Lawyer Award cfl zhdation That you approve the nomination of Janney Att Approved For Release 2002/05/02 : CIA-RDP79-00498A000500030005-8 Approved For Release 2002/05/02 : CIA-RDP79-00498A000500030005-8 Distribution: Orig - Return to. D/Pers I - ICI 1 .. DCI I - ER DDA t/Peers C/BSO (1 /hold) OP/BSD, ' gec (18 May 76) Approved For Release 2002/05/02 : CIA-RDP79-00498A000500030005-8 E._~ p Approved For Release 2002/05/02 : CIA-RDP79-00498A000500030005-8 8 JUN 1976 Mr. T. Grant Callery, Chairman Younger federal Lawyer Awards Committee The Federal Bar Association 1815 H Street, X. W. Washington., D. C. 20006 Dear Mr. Callery: It is with great pleasure that I suhit the ched nomination of r-- I an STATINTL stant General Counsel of the Central Intelli- ence Agency, for the Younger Federal Lawyer Awards. TATINT1 typifies these individuals in the legal roress.on wno nave Made outstanding contributions the federal Government at an early age. W I believe that the accomplishments of STATINTL fully merit the recognition which accompanies these awards and I am happy to have the opportunity to place his name in n. ination,. Sincerely, aeor-aeA-ush George Bush Director -- Distribution: v r>.as.~rs n~ w rasax..x.v a+.+~a rr,:r i JUN 976 1 - DCI Originator: 1 - DOCI -~_ ) r'"ector aT-PersonneJ: 1 ER - - DDA,- u" I DCI d i - /n m n . 1 - 3/Pets Concur ? /5/Jolt, i_. lake 4'jLjjj 1976 STATINTL I - OPF " u ep.tty' re t[ir 2 C/BSD wJ e. for Approved For Release 2002/05/02 : CIA-RDP79-00498A0005 Iration V 1 !l I IIV I L OF tBSD gec (18 May 76) Approved For Release 2002/05/02 : CIA-RDP79-00498A000500030005-8 Nomination of Younger Federal Lawyer Award for 1976 The Central Intelligence Agency is nominating General Counsel in the Office of General Counsel, for the Younger Federal Lawyer serving there as a JAG officer until June 1974 when he came to the Central Intel- ligence Agency, totaling eight years in the service of the United States Government. address is: Office of General Counsel, Central Intelligence Agency, .Washington, D. C. 20505. period which placed heavy demands on the Office of General Counsel. Many of these came to the CIA at a time when the Agency was in a very turbulent STATINTLmatters presented new and novel legal questions, was immediately assigned cases and problems of a highly complex nature. Because of the demands STATINTLon the Office of General Counsel, underwent no formal training with respect to the Agency and intelligence generally. It is a mark. of S ATINTL abilities that he was able to absorb and fully appreciate not only the facts and characteristics of the Agency, but also the nuances of intelligence. He was off and running when he came into the Office and has pulled a full load since then. His Fitness Reports have been "Outstanding" and he was recently awarded a Quality Step Increase as authorized by law and regulations for sustained outstanding performance. has been assigned a significant number of litigation matters which has required substantive interplay with the Department of Justice. Most of these cases are highly complicated. There have been numerous court-ordered interroga- tories and discovery orders for production of documents. Producing documents and information under such court orders poses significant difficulties for CIA. Many Approved For Release 2002/05/02 : CIA-RDP79-00498A000500030005-8 Approved For Release 2002/05/02 : CIA-RDP79-00498A000500030005-8 of the documents contain highly classified information and accommodation must be reached between the Agency's legitimate need to preserve certain sensitive infor- mation from unauthorized disclosure and yet meet the requests of the plaintiffs consistent with court determinations. To reach these accommodations I 7TINTL necessarily negotiated with those officers of the Agency responsible for the documents and information and subsequently negotiated with the Department of Justice to assure them that our views of what were required by the court orders were rational and complete. In this relationship necessarily took STATINTL the role, in effect, of educating the Department of Justice lawyers to the unique aspects of intelligence as reflected in the documents in question. His ability to interpret the court orders in such a manner as to meet the requirements therein, and at the same time preserve the sanctity of extremely sensitive information, is truly an outstanding feat. Approximately one year ago the Agency and the Department of Justice were involved jointly in attempting to resolve the legal, aspects of a highly sensitive STATINTLintelligence activity of direct concern to the President. was the Agency legal representative in this matter and in the course of reviewing it he developed an original legal theory which would overcome serious problems of legality raised by the Department of Justice. His position was controversial, but the matter was of such importance that the Attorney General agreed that it was appropriate for the Director to address himself to the President on the subject. participated in the preparation of a memorandum from the Director to the President, expressing in detailed, but concise, form the Agency's view. The paper was pre- sented to the President the day after the Director met with the Attorney General. The White House determined it would seek additional views and, since this matter involved intelligence activities and international law matters, the views of the Department of State were sought. The lawyers for the Department. of State sought expanded views by the Agency on its view of the law. fully participST INTL in expounding his view of the Iaw. The Department of State expressed its view in Approved For Release 2002/05/02 : CIA-RDP79-00498A000500030005-8 2 - Approved For Release 2002/05/02 : CIA-RDP79-00498A000500030005-8 writing, agreeing with the position of the CIA. Thereafter, the Attorney General concurred in the State Department/CIA view, and the President acted on the matter in accord with that view. As a result it has been possible to carry out intelli- gence activities of the utmost. importance to the national security with confidence that the law of the United States is being observed in all respects. Without STATI NT innovative and expert work this intelligence activity would have been impeded with serious harm to the interests of the United States. has had an extremely active role with respect to the congressional investigations, as well as the Rockefeller Commission investigation, of the CIA. From the standpoint of many employees and former employees of the Agency, there was deep concern by Agency management and by the individuals themselves with respect to their possible criminal jeopardy. Clearly, Agency lawyers could not act as legal advisers to individuals in this respect. Furthermore, most of the employees could ill afford retaining personal counsel. The Agency on the other hand felt a deep responsibility since the matters concerning which they were to be questioned were directed of them in the past by the Agency itself. It was determined that the Agency would attempt to secure pro bono counsel for each individual who wished to have counsel. 1 -1 personally handled thiiTATINTL bringing together of outside counsel on a pro bono basis for each individual who so desired. More than fifty persons were represented by counsel on this basis. It is a tribute to the legal profession in the area that it responded so willingly. fulfilled this task In an outstanding professional STATINTL manner, not only accomplishing what was the responsibility of Agency management, but at the same time fulfilling the deeply felt needs of these individuals.. In other situations where the question of possible jeopardy was not at issue, personally participated in many of the interviews of Agency employeeSTATINTL and former Agency employees, guiding them with respect to the agreements previously - 3 - Approved For Release 2002/05/02 : CIA-RDP79-00498A000500030005-8 Approved For Release 2002/05/02 : CIA-RDP79-00498A000500030005-8 reached between the investigating groups and the Agency on areas of extreme sensi- tivity which were not to be covered in such interviews. Here again, I TINTL handled in a thoroughly professional way a number of difficult situations which required very delicate handling. During this period there have been filed in the Federal Courts some 30 to 35 civil complaints of various types naming numerous Agency employees and former Agency employees as defendants. In many cases individuals were named not only in their official capacity, but personally. The subject of some of these com- plaints concerned allegations the subjects of which were simultaneously under- going criminal investigation by the Department of Justice. Obviously this posed a dilemma to the Department of Justice in undertaking to represent the Agency employees and former Agency employees in these civil suits which would be their normal practice. The Agency was informed by the Attorney General in certain of these cases that the Department of Justice would not undertake representation. was involved in many of these cases and participated in the legATINTL research leading up to a request that the Attorney General reconsider his posi- tion, or that in lieu of the Department of Justice representing these individuals, the Department of Justice provide private counsel retained by the Department of Justice. This request to the Attorney General resulted in the Department of Justice retaining counsel to represent these individuals with the funds being supplied by the Department of Justice. Again, made a. significanSSTATINTL contribution in accomplishing what we believed to he the responsibility of the The above are illustrations of the types and significance of the legal has handled since June 1974. His entire prof essiOrSVATINTL responsibilities have been so truly outstanding that in this short period of time he has made a real mark in the Office of General Counsel. which few, if any, Approved For Release 2002/05/0=2 -CIA-RDP79-00498A000500030005-8 Approved For Release 2002/05/02 : CIA-RDP79-00498A000500030005-8 STATINTLwill exceed. In short, Intelligence Agency and in turn to the Federal Government. -Acting General Counsel ge L. Cary C96 Legislative Counsel Deputy Director of Central IntelligenFe (Designate) Official Address: Central Intelligence Agency Washington, D. C. 20505 Approved For Release 2002/05701: CIA-RDP79-00498A000500030005-8 Approved For1 Pe eaLL2"002~~k2~~l"DP9-00498A000500030005-8 THE FEDERAL BAR ASSOCIATfQ1 : airperscm Patricia Callahan nvernmental Affairs, Sears, Roebuck and Co. 2J2/223.5840 r)eputy Chairperson ';,(bara A. Kreisman feral Communications Commission 12/632-7245 ;rxretary ,iitliam K. Dabaghi ?ualt Business Alrumiistration 7 21382.7352 ._t,tionat Directors i. Grant Gallery ,`:;nkelman & Delaney 2x2/466-8595 i.,tirey S. Edelstein *?deral Trade Commission 12/963.3525 l2nles B. Ginty S. Supreme Court ?" 2/393.1640 ;'DR Michael C. Grace 3. Coast Guard Hdgrts ':'N426-1467 ::pt. William 1'. Greene JAG, Army ')2/6951353 Jeremy Hutton :nary of Congress )2/426.6190 )sync C. Kinnard :cneral Accounting Office fa/275-5212 ',rolyn D. Lamm ,nartment of Justice '-j2;739-3528 .Jgdne A. Massey lent, Fox, Kintner, Plotkin & Kahn '^2/-347.8500 .'vilyn S. Richmond r feral Trade Commission ;'2/962-8181 njamin P. Schoen ;epsrtment of Justice 02'739.3330 rrnis J. Whittlesey 1-.-an & Hartson . "2 / 331 4648 ). Ir,r;ate to A13A 'y'ounger Lawyers neiope S. Farthing oral Trade Commission .' 562-2995 April 23, 1976 MEMORANDUM TO: General Counsels, FBA National Council, FBA Chapter Presidents, Agency Personnel. Officers, United States Attorneys, Service Judge Advocates SUBJECT: 1976 Younger Federal Lawyer Awards Program NOMINATION DEADLINE: June 11, 1976 I would like to call your attention to the 1976 Younger Federal Lawyer Awards Program sponsored by the Council on Younger Lawyers on behalf of the Association. Now in its thirteenth year, the program is designed to accord recognition to outstanding young Federal attorneys selected from among those nominated by Agency Heads, General Counsels, and fellow attorneys throughout the country and overseas. As indicated in the attached prospectus, civilian or military lawyers under the age of thirty-six, having three continuous years of federal service, are eligible for the Award. The panel of judges who will select the Award recipients will be chaired by Justice Harry A. Blackmun of the Supreme Court of the United States. The other members of the panel are: Dean Roger C. Crampton, Cornell Law School; The Honorable J. W. Fulbright, Hogan and Hartson, Washington, D.C.; The Honorable Irene F. Scott, United States Tax Court; The Honorable John Lewis Smith, Jr., United States District Court for the District of Columbia. Information on the nomination procedure and other details of the program are set forth in the prospectus. Because it is impossible to atcenir>L- to reach every government office er1UlOV3 n attorneys with this mailing, it is hoped that appropriate distribution will be made within each agency and within the military services. In this regard please make note of the June 11, 1976 deadline for nominations. If any further information is needed please contact the undersigned either in care of the Younger Federal Lawyers Award Committee at the Associatio or at Winkelman and Delaney, Suite 322, 1750 Pennsylvania Ave., N.W., Washington, D.C., 20006, telephone 202-466-8595. T. Grant Callery Chairman Honorable Martin A. RIJ tproved For Release 2002/05/02: CIA-RD -O M9?AMOo Ob3ldgo5-Awards Committee S. House of Representatives 2/223.5736 Comer i ci ea F @ gm/(L5 M-?DP79-00498A000500030005-8 THE FEDERAL BAR ASSOCIATION a Callahan ital Affairs, abuck and Co. 840 Chairperson Kreisman nimunications Commission 245 y C Dabaghi iness Administration '352 # Directors Caliery & Delaney 1595 Edelstein rade Commission )525 Ginty reme Court 1640 :hael C. Grace t Guard Hdqrts 467 Liam P. Greene rniy !353 I Hutton Congress x190 Kinnard ccounting Office +212 (. Lamm it of Justice 1528 Massey Kintner, & Kahn ,5o0 Richmond 'ade commission 1181 s P. Schoen it of Justice t3 30 Whittlesey Hartson 1648 e to ABA ;r'r Lawyers S. Farthing cafe Commission ~,c5 ;.il Commiltee -fla Martin A. Russo of Repr~sdfi?!atiue~ 1815 H STREET, N.W., WASHINGTON, U.C. 20006 a (202) 638-0252 April 23, 1976 PROSPECTUS FOR THE 1976 YOUNGER FEDERAL LAWYER AWARDS I. Purpose of the Younger Federal Lawyer Awards Program The primary goal of this annual program is to encourage younger Federal lawyers throughout the Nation and overseas to attain high standards of professional achievement and to accord public recog- nition for outstanding performance, II. The panel of judges for the 1976 awards program is as follows: Honorable Harry A. Blaclanun Associate Justice, Supreme Chairman Court of the United States Dean Roger C. Crampton Cornell University Law School Honorable J. W. Fulbright Hogan and Hartson Washington, 'D.C. Honorable Irene F. Scott Judge, United States Tax Court Honorable John Lewis Smith, Jr. Judge, United States District Court for the District of Columbia III. Basis of Awards The following criteria are suggested for the guidance of judges in selecting nominees. They are not intended to be all-inclusive, nor is the absence of any deemed to be a disqualifying factor. A. Professional Achievements. A nominee may be qualified by outstanding legal, ability and performance over a sustained period, or because of a specific accomplishment for which the nominee is primarily responsible. Whether the achievements are of a general or specific nature, they should have resulted in a significant benefit: to the Federal Govern- ment and the legal profession and constituted a contribution to the development of public law. B. Professional and Community Responsibilities. A nominee may be qualified because of a significant contribution to the legal pro- fess ion d 0 rovedvor Aerteasco" 11266iM' : t AARDD-7L0'O aAOOO5OOg3@@ -1$ominee Is ernment. position. Approved For Release 2002/05/02 : CIA-RDP79-00498A000500030005-8 IV. Eligibility Requirements Any Civilian or military attorney who is employed by the United States Government shall be eligible to receive an Award except that: A. No nominee will be considered who has reached or will reach the age of 36 before September 8, 1976; B. No nominee will be considered who at the time the nomination is made, has served with the Government as an attorney less than three continuous years; C. No nominee will be considered for an Award if the services constituting the primary basis for nomination were required because of a political appointment, and the nominee's retention in the appointed position is based on political consideration; D. All National Officers of the Council on Younger Lawyers are ineligible to receive an Award. V. rProcessing and Selection of Nominations Nominations must be received by the Awards Committee on or before June 11, 1976. On that date, all nominations received by the Awards Committee will be forwarded to each member of the Panel of judges for evaluation and selection. The manner of selection will be as follows: Each judge will select in order of preference the names of the three, four or five outstanding nominees and will submit such selections to the Awards Committee. Thereafter, the Com- mittee will determine the Award recipients upon a basis of total cumulative points; i.e., five points for the first choice selection, four points for a second choice selection, and so forth. Each Award will be in the form of a scroll, containing an appropriate citation. The Awards will be presented at the 1976 Annual Convention of the Federal Bar Association during September, 1976 in Washington, D.C. At that time, both the distinguished judges and the Award recipients will be honored. It is thus hoped that Award recipients will be able to attend the Convention. VI. Manner of Submission of Nominations Nominations shall be sent to: Younger Federal Lawyer Awards Commaittee, The Federal Bar Association, 1815 H Street, N.W., Washington, D.C.. 20006. All nominations must be received on or before June 11, 1976. The required format for each nomination is as follows: A. The nomination shall be typewritten or reproduced on standard 8 1/2" x 11' sheets, double spaced. Six copies of the nomination (no carbon copies) shall be submitted. Exhibits are not to be attached. B. The first paragraph shall state: (1) the name, date of birth and offical address of the nominee; (2) the total number of years during which the nominee has served in the United States Government; and (3) the departments or agencies in which the nominee has served or is presently serving. Approved For Release 2002/05/02 : CIA-RDP79-00498A000500030005-8 3 Approved For Release 2002/Q5102-: CIA-RDP79-00498A000500030005-8 C. Following the information in (B) above, the nomination shall develop and enlarge on the substantive reasons why the nominee is believed to qualify. D. The nomination, excluding the covering letter, shall not exceed five pages in length. Covering letters will not be transmitted to the panel of Judges. NO NOMINATION WHICH EXCEEDS FIVE DOUBLE SPACED, 8 1/2'' x 11" PAGES WILL BE TRANSMITTED FOR CONSIDERATION BY THE JUKES. E. No communication with the Judges regarding a nominee shall be allowed, except through the Younger Federal Lawyer Award's Committee. F. Nominations will require the signatures of any three Federal attorneys or officials (civilian or military). Nominators' signatures and their official addresses shall be placed on the last page of the nomination. Approved For Release 2002/05/02 : CIA-RDP79-00498A000500030005-8