MEETING WITH THE ATTORNEY GENERAL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80M00165A002200140010-5
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 8
• Document Creation Date: December 15, 2016
• Document Release Date: January 30, 2004
• Sequence Number: 10
• Publication Date: March 10, 1977
• Content Type: MF

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10 March 1977
1 MAY 1977
Director of C ntral Intelligence
I
Lieneral Counsel
SUBJECT: Meeting with the Attorney General
Here are some thoughts about topics that might come up in your meeti.ag
today with Mr. Bell.
E.O. 1.1905
-- The role of Attorney General, under Section 3(c) (1), as an SCC
observer; SCC functions and procedures.
-= Obligations of senior intelligence officials, under Section 4(a) (5),
to report possible violations of law to the Attorney General; the differ ng
Justice bepartment and CIA interpretations of this obligation, and the
reporting procedures that are followed.
-- The CIA/FBI relationships under Section 4; the procedures relatin
to the approval of CIA counterintelligence activities in the U. S. , and
to CIA participation in counterintelligence activities conducted by the
FBI.
-- Activities covered by Section 5, particularly electronic surveillanc,
and unconsented physical searches dir4cted at U. S. persons abroad,
and the implementing procedures and guidelines issued by Mr. Levi,
requiring in some cases the Attorney General's personal approval of
proposed CIA actions; the "U. S. person" concept embodied in Sectior 5.
-- The function of the Intelligence Oversight Board (IOB) as prescribf d
by Section 6, and the IOB reporting to the Attoriey General under thi
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The Tension Between the Department's Investigative and Prosecuting
Functions and the Agency's Respansibility to Protect Intelligence
Sources and Methods
-- The consistent problem of leaks of national security information, and
the obstacles in the way of effective investigations.
-- The dilemmas created by Justice Department needs for CIA--relaied
evidence in criminal prosecutions, e.g., the Bufkin case, the Moore
case, and the Boyce/Lee case.
-- The present status and the potential future problems in the KCIL
investigation and the investigation relating to the Letelier killing.
-- [I would stay away from any discussions of the ITT/Chile case,
beyond a general mention of its overall significance from the Agency's
standpoint.]
Litigation Conducted by the _Department on-the Agency's Behalf
-- The nature and the extent of ongoing FOIA litigation.
-- [.You might want to make the Attorney General aware of the litigation
regarding enforcement of the congressional subpoena directed to P? T&T,
calling for production of the FBI leased-line request letters. I
Other
-- The relations between the Agency and the Office of Legal Counsel
and the periodic requests we make for legal opinions, e.g., the pe,ndii-L_
request relating to certain Agency practices relating to the establi 5hmt i t
and maintenance of cover. - ~'
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11 January 1977
MEMORANDUM FOR: Director of Central Intelligence
SUBJECT: Meeting with Attorney General-Designate Bell
Here are some thoughts about topics that we might discuss with
Mr . B ell if he comes out to lunch .
E.O. 11905
-- The role of Attorney General, under Section 3 (c) (1) , as an OAC:
observer; OAG functions and procedures.
-- Obligations of senior intelligence officials, under Section 4(a)('-)),
to report possible violations of law to the Attorney General; the di+terin
Justice Department and CIA interpretations of this obligation, and the
reporting procedures that are followed.
-- The CIA/FBI relationships under Section 4; the procedures rel. ting
to the approval of CIA counterintelligence activities in the U. S. , .,nd
to CIA participation in counterintelligence activities conducted by the
FRT? the Trinri of issu s that have arisen. e . g .case
`Activities covered by Section 5, particularly electronic socveilianct
and unconsented physical searches directed at U. S. persons abroad,
and the implementing procedures and guidelines issued by Mr. Levi,
requiring in some cases the Attorney General's personal approval of
proposed CIA actions; the "U. S. person" concept embodied in
Section 5.
-- The function of the IOB as prescribed by Section 6, and the IO!.
reporting to the Attorney General under this Section.
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The Tension Between the Dc )artment's Inves_ig ti:e and Prosecuting
Functions and theAgency',s Iiesponsibili to Protect Intelli(enc
Sources and Methods
-- The consistent problcem of leaks of national security information, and
the obstacles in the way of effective fir` es` gatioris.
-- The dilemmas created by Justice Department nee,cls for CI.". relat d
evidence in criminal pro.;ecutions, e . g . , the Moore case and the
Bufkin case.
-- The present status and the potential future problems in the KG[A
investigation and the investigation relating to the Letelier killing . .
-- [I would stay away from any discussions of the ITT/Chile case,
beyond a general mention of its overall significance from the Agency's
standpoint. ]
Litigation Conducted by the Department on the Agency's Behalf
-- The nature and the extent of ongoing FOIA litigation.
-- The SWP case.
-- [You might want to snake the Attorney General aware of the litig:itio
regarding enforcement of the congressional subpoena directed to A'1 &T
calling for production of the FBI ]eased-line request letters.
-- The relations between the Agency and the Office of Legal Couns :-l as
the periodic requests we make for legal opinions , e. g . , the pending
request relating to certain Agency practices relating to the establi:;hrree
and maintenance of cover.
-- [You may want to raise the matter of the Interagency Review Panel
and its functions, and the procedures that have been followed in this
regard; Mac Showers should be present if this subject is discussed;
the Ford Administration's electronic surveillance bill might also by
discussed in this same context.]
cc: DDCI
D/DCI/IC
SA/D/DCI/IC
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8 January 1977
SUBJECT: Session with Dr. Zbigniew Brzezinski
1. With the approval of the DDCI, I arranged an appointment
with Dr. Brzezinski for 6 January. The purpose was to clean up
some of our outstanding obligations to Governor Carter and to allow
him to read some sensitive reports that he had requested. The con-
versation turned out to cover other topics, however, and he had a_
number of questions and requests. The following is therefore not
given in chronological order.
2. I told Dr. Brzezinski that we had promised Governor Carter
three papers, along with the suggestion that he might like to have
discussions of them with appropriate intelligence analysts. These
were: an analysis of likely Soviet reactions to his arms control
proposals; NIE 11-3/8; and NIE 11-4. We had delivered the first
paper and had scheduled and later cancelled a discussion session.
NIE 11-3/8 was now ready and NIE 11-4 would be next week. I gave
Brzezinski a copy of NIE 11-3/8. He agreed to offer it to Governo?
Carter next week and to sound him out on whether he wishes to have
any such discussion sessions. Dr. Brzezinski's view and mine is
that the President-elect's platter is full enough already. When I
see Brzezinski on Monday, I plan to offer him the draft NIE 11-4
with the caution that there may be a few minor changes in footnote;.
3. Brzezinski read the three sensitive items on Soviet-Polish
relations that I brought with me.
4. Requests:
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B. He would like to read a sensitive report
on Soviet views of the Carter administration that
was shown to Governor Carter in November. I have
obtained this and will show it to him on Monday.
C. In regard to material in this category,
he would like an arrangement to read this material
on a current basis. Wells will arrange to see him
with the first delivery. After this another officer,
probably 0 will be given this chore.
nalysts in the DDI.
D. Also in regard to this material, he would
like an appraisal of its analytic usefulness.
ill undertake this with the assistance of
F. Dr. Brzezinski is to meet Governor Carter
Tuesday evening. He would like at that time to show
him a sample PDB in a new format. This should pro-
vide a comprehensive but extremely succinct daily
summary, with emphasis given to intelligence material
and with sensitive materi dicated by
some typographic device. has been
tasked to develop this.
is ar e man
Deputy to the DCI for National Intelligence
cc: DCI
DDCI
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MEMORANDUM FOR THE RECORD
SUBJECT: Session with Dr. Zbigniew Brzezinski
Distribution:
1 - DCI
1 - DDCI
1 - Carter File
1 - D/DCI/NI Chrono
RI
1 - ER
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