LETTER TO MR. MICHAEL J. O'NEIL, FROM (SANITIZED)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R000800010032-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 19, 2016
• Sequence Number: 32
• Content Type: LETTER

Approved For Ref4R@r?8OjC IKqP',&L111~Ga-%b61 at31-
Mr. Michael J. O'Neil, Chief Counsel
Permanent Select Committee on Intelligence
House of Representatives
Washington, D.C. 20515
22 June 1978
Dear Mike:
To help keep you informed of our interest in current legislation
potentially impacting on the Intelligence Community or the Director
of Central Intelligence, I would like to bring to your attention our
concerns with H.R. 9705, the so-called-"Special Prosecutor legislation"
recently reported out by the House Judiciary Committee.
As proposed by the bill, section 594 of Title 28 of the United
States Code would grant a special prosecutor all investigative and
prosecutorial functions and powers of the Department of Justice or
the Attorney General with respect to all matters in such special
prosecutor's jurisdiction, except for those matters that specifically
require the Attorney General's personal action under section 2516 of
Title 18. Arguably, this could include access to national security
information- -specifically, classified information or information
relating to intelligence sources and methods. Proposed section 595(a)
would permit a special prosecutor to make public such information
concerning his activities as he deems appropriate. We assume that
this would not give a special prosecutor the discretion to determine
if national security information should be included in his public
statements or reports. Such a determination is the responsibility
of the classifying agency or, in the case of information relating to
intelligence sources and methods, the Director of Central Intelligence
(50 U.S.C. 403). However, we believe the bill should be amended to make
clear that a special prosecutor does not have discretion to include
national security information in a public report issued in accordance
with proposed section 595 (a).
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 Approved For Release 2006/09/28_: CIA-RDP81M00980R000800010032-8
Similar provisions are included in legislation which passed the
Senate last year (S. 555) and in the Department of Justice Authorization
for Fiscal Year 1979 (S. 3151) now awaiting floor action in the Senate.
Of course we have been in touch with the office of Management and Budget
on this matter but have not yet definitely decided on a course of action.
tive would appreciate any thoughts you might have in this regard, and
we will be in touch with you.
Acti;ig egz
Distribution:
prig - Addressee
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OLC:RLB:sm (21 Jun 78)
Approved For Release 2006/09/282 CIA-RDP81 M00980R000800010032-8