Document Type: 
Document Number (FOIA) /ESDN (CREST): 
Release Decision: 
Original Classification: 
Document Page Count: 
Document Creation Date: 
December 19, 2016
Document Release Date: 
September 9, 2005
Sequence Number: 
Case Number: 
Publication Date: 
October 7, 1977
Content Type: 
PDF icon CIA-RDP82M00345R000700040179-8.pdf267.99 KB
STAT Approved For Release 2005/12/05 : CIA-RDP82M00345R000700040179-8 Approved For Release 2005/12/05 : CIA-RDP82M00345R000700040179-8 DON 1DWARJS DISTRICT OFFICESe 1625 THE ALAMEDA SAN JOSE, CALIFORNIA 9512:6 (408) 292-0143 38750 PASEO PADRE PARKWAY FREMONT, CALIFORNIA 94536 (415) 792-5320 WASHINGTON OFFICE: (202) 225-3072 September 20, 1977 Mr. Gene F. Wilson Information and Privacy Coordinator Central Intelligence Agency Washi.hxgton, D.C. 20505 Dear Mr. Wilson: CHAIRMAN SUBCOMMITTEE ON CIVIL AND CONSTITUTIONAL RIGHTS COMMITTEE ON VETERANS' AFFAIRS This is an appeal pursuant to subsection (a) (6) of the Freedom of Information Act (5 U.S.C. 552). On July 19, 1977, I received a letter from George L. Cary of your agency denying my request for information and indicating that an appeal should be directed to the CIA Information Review Committee via your office. This letter constitutes such an appeal. I am enclosing a copy of my exchange of correspondence with the Agency so that you can see exactly what files I have requested and the insubstantial groun(I.; on which my request has been rejected. My original request was for information relating to the publication of the book, "Chile's Marxist Experiment" authored by Robert Moss and published in Britain by David & Charles in 1973 and by Halstead Press and John Wiley & Sons, Inc. in the United States in 1974. The request was a general one -I:o all information in your files pertaining to publication of the book. However, the wording of the Agency denial ~ nd t.11e fact that my request released no information whatr:,oever, iet:..ts me to believe that the Agency has not made a :reasorta.ble search for the requested materials. If a::l. eh a. search was actually made, it seems unlikely it woul.rt reveal that all materials relating to the Robert Moss be,:::I tI r e classified under the criteria set forth in Executive 1.1652, Should all the materials be classified, I woiald :[.Lkk them reviewed to determine whether or not they 1:1-oj)e.rly classified pursuant to Executive .order.- 11652.. The :-Tsncy further cites exemption (b) (3) of the Freedom of Info-rytv.ition Act as grounds for denial. However, this exemp- tion, as amended by P.L. 94-408, applies only where the stat- ute .9. nvoked, "(A) requires that matters be withheld from the publi(:' in such a manner as to leave no discretion on the issue, or (]F3) establishes particular criteria for withholding or Approved For Release 2005/12/05 :CIA-RDP82MOO345R000700040179-8 Approved For Release 2005/12/05 Cl Dl 8 M00345R000700040$x9MITTEE ON JUDICIARY (ongrezz of the Lniteb'tateo Sou a of 3aepressentatibeo oijington, D.(C. 205t5 Approved Foy; Release 2005/12/05 : CIA-RDP82M00345R000700040179-8 ;ene F. Wilson September 20, 1977 Page 2 Should any portion of the requested information be deemed exempted by 5 U.S.C. 552 (b), that section as amended by F.L. 94-409 further provides that any segregable portion shall be provided after deletion of exempt portions. I fully expect that the information which I have requested w:i.1_1. be forthcoming. If, however, the Agency should decide to withhold any portion of the requested records under the Freedom of Information Act, I urge you to include with your final. decision an index and itemization of the withheld records correlated with the alleged statutory justification for the withholding. The inclusion of such a justification will better enable me to assess the need for further legal action, and will help to avoid possibly unnecessary litigation. I trust that upon examination of my request you will conclude that the information I am seeking is not properly classified unde.r.. Executive Order 11652 or covered by exemption (b) (3) of the Fr eeedom of Information Act and that the information will be made available promptly. refers to particular types of matters to be withheld".. The Statute invoked in your denial, subsection 102 (d)(3) of the National Security Act of 1947, meets neither of these criteria and therefore exemption (b)(3) of the Freedom of Information Act does not sustain the Agency denial of my request. As provided for in the Act, I will expect to receive a reply within 20 working days. Sincerely, Member of Congress i:)I;;rie:1 if osiu.I. A-pprrovec or-Release-.2005/1-Vf05 :;?+A-RDP82M00345R000700a40179=8 _-.-,-- -- - ti Approved For Release 2005/12/05 : CIA-RDP82M00345R000700040179-8 THE DIRECTOR OF CENTRAL INTELLIGENCE STAT Office of Legislative Counsel Representative Don Edwards House of Representatives Washington, .D. C. 20515 Dear Mr. Edwards: OLC 77-1863/a I ) JUL 1977 -.77 This is in response to your letter of 6 May 1977 to Mr. Gene F. Wilson, Out Information and Privacy Coordinator, requesting under FOIA all records which relate in any way to the publication of a book, "Chile's Marxist Experiment," authored by Robert Moss and published in Britain in 1973 by David & Charles and subsequently by Halsted Pregs and John Wiley & Sons, Inc., in the United States in 1974. As you indicated, the Agency received an identical FOIA request from Richard M. Schmidt, Jr., attorney for John Wiley & Sons, Inc. Both requests have been reviewed, and it has been determined that documents which might exist, which would be responsive to those requests, would be duly classi~ied'under the criteria set forth- in Executive Order. 11..652. It has been further determined that the existence or .nonexistence of such records, if any, would relate to information pertaining to intelligence sources and methods, which the Director of Central Intelligence has the responsibility to protect from unauthorized disclosure in accordance with subsection 102(d)(3) of the National Security Act of 1947, as implemented by section 6 of the Central Intelligence Agency Act of 1949. Accordingly, such records, if any, are denied pursuant to exemption (b) (3) of the Freedom of Information. Act. These determinations have been made by Mr. Charles A. Briggs, DDO Informat.iic>rt ttevi.ew Officer. As specified in the Freedom of Information Act, you, imrrvn the r:i.