APPEAL OF DECISION IN EUDEY VS. CIA

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP83-00156R000300020001-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 19, 2016
• Document Release Date: November 16, 2006
• Sequence Number: 1
• Publication Date: December 14, 1979
• Content Type: MF

Approved For Release 2006/11/16: CIA-RDP83-00156ROO0300020001-2
NEORANDUM FOR: Deputy Director for Administration ll't1L~L~
Chief, Information Services Staff
SUBJECT: Appeal of Decision in Eudey vs. CIA
a denial of a request for awe waiver for information concerning bribery
of foreign officials by over 500 corporations. 0GC and IPD have reviewed
this case, and IPD has been advised that OGC''sees no way we can deny the
waiver request, specifically in light of Eudey which the Journal cites.
As I have mentioned, our preliminary estimates for search costs in the
Journal case.are in the neighborhood of $80,000. We had originally
end- ied the Journal's fee waiver request on the same basis as our deci-
sion in'Eudey., viously, the position we take on the Journal case
will have to be maintained in other cases and costs to' a Agency could
be 'astronomi.cal.
the judge ruled that one of our reasons for denying fee waiver requests
was not legal. The underlying basis for denying the fee waiver request
of Eudey was the fact that after initial review it was determined that
very little, if any, information would be released to the requester as
a result of her request. Hence, if little or no information was to be
released, it could not be said that the results of the request would be
of primary benefit to the,public.
2. We have not received a formal statement from 0GC on their
intention not to appeal the Eudey case. However, I have been advised
that is OGC's position.
3. While I have been advised informally by OGC that the Eudey case
will not alter our fee waiver policy, I have before me a decision to
make in the Wall Street Journal case. That case involves an appeal of
tsS 79-144.
DZy~bistry
Don:
1. Attached (Tab A) is a memorandum for your signature to'Dan
Silver requesting that 0GC review what appears to be their decision not
to appeal the Eudey case. As you know, the Eudey case is the one wherein
4, As I mentioned, we have not received formal guidance from 0GC
-as a result of Eudey. I think formal legal guidance is a-imust. I
 Approved For Release 2006/11/16: CIA-RDP83-00156R000300020001-2
0
believe the attached memorandum will bring the matter to a head In
addition to the memorandum at Tab A, I am sending a
note (Tab B) indicating that I plan to bring this to the attention
of the IRC at a meeting.to be scheduled in January.
0
Attachments
,_ C/ISS/DDA:1 (14 Dec 79)
Distribution:
Original - Addressee w/atts
1 - DDA Subject w/atts
1 DIVA' Chrono
1 - C/IPD w/atts
1 - ISS Subject w/atts
1 - ISS Chrono