JOHN MARKS AND MORTON HALPERIN LITIGATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP83T00573R000100050002-7
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 7
• Document Creation Date: December 15, 2016
• Document Release Date: October 3, 2002
• Sequence Number: 2
• Publication Date: August 5, 1977
• Content Type: MF

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OGC Has Reviewed
ODP 1565-77
5 August 1977
ODP FOIA
SUBJECT . John Marks and Morton Halperin
Litigation
1. I have reviewed the attached computer
printout on contracts and determined that the
portion related to ODP (formerly OJCS) can be
released. Contract 76*2003760*000 with the
University of Southern California at Los Angeles
was for the purchase of an unclassified computer
program called "Exchange." The contract has been
liquidated and ODP is in possession of the program.
2. If further information on the contract
is needed, please contact the Office of Logistics.
25X1A
25X1A
Att: a/s
Distribution:
Orig -
1 - OGC
1 -
2 - O/D/ODP
O/D/ODE lee/8-5-77
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OGC, w/att.
This document becomes UNCLASSI1
When separated from attachment; /
SEC ET
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tp tact Ut trtrt (1-1-1uurt
IS let of Columbia
JOHN D. MARKS
and
MORTON H. HALPERIN
Plaintiff s
STANSFIELD TURNER
and
CENTRAL INTELLIGENCE AGENCY
Defendant s
To the above named Defendant . Stansfield Turner
You are hereby summoned and required to serve upon
Mark H. Lynch
CIVIL ACTION FILE. No.
SUMMONS
plaintiff's attorney , whose address
Suite 301 .
600 Pennsylvania Avenue, S.E.
Washington, D.C. 20003
[phone]
an answer to the complaint which is herewith served upon you, within 30 days after service of this
summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be
taken against you for the relief demanded in the complaint.
Date: J LI N 2 1977
NOTE:-This summons is issued pursuant to Rule 4 of the Fedehal Rules of Civil Procedure.
JAMES F. DAVEY
Cle)-k. of C02ort.
f`r
eputy Clerk.
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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
JOHN D. MARKS
1851 Mintwood Place, N.W.
Washington, D.C. 20009
[phone]
MORTON H. HALPERIN
1400 Constitution Avenue, N.E.,
Washington, D.C. 20002
[phone]
Plaintiffs,
STANSFIELD TURNER
Director of Central Intelligence
Washington, D.C. 20505
CENTRAL INTELLIGENCE AGENCY
Washington, D.C. 20505
Defendants.
COMPLAINT FOR INJUNCTIVE RELIEF
1. This is an action under the Freedom of Information
Act, 5 U.S.C. 552, to require defendants to permit access to
certain records in their possession.
2. This Court has jurisdiction over this action
suant to 5 U.S.C. ? 552(a)(11)(B).
3?
Plaintiff John D. Marks is a free-lance journalist
and an associate at the Center for National Security Studies.
4. Plaintiff Morton H. Halperin is the Director of
the Project on National Security and Civil Liberties.
5. Defendant Stansfield Turner is the Director of
Central Intelligence and. the head of the agency which has
possession of the records to which plaintiffs seek access.
6. Defendant Central Intelligence Agency is an
agency of the United States and has possession of the records
to which plaintiffs seek access.
7? By letter dated November 12, 1976, plaintiff
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Marks requested under the Freedom of Information Act all
written material which the C.I.A. made available to the
Senate Select Committee on Intelligence, the House Commit-
tee on Intelligence, the House Committee on Intelligence,
or the Rockefeller Commission concerning C.I.A. use of,
relations with, operations involving, or in any other
way touching on American universities? members of the
academic community, academic research, student or univer-
sity exchange programs, scholarship programs, educational
programs, or any other programs related to American univer-
sities or American academic personnel.
8. Defendants acknowledged plaintiff's initial
request, but failed to act on it within the statutory time
limit. 5 U.S.C. ? 552(a)(6)(i).
9. Pursuant to 5 U.S.C. ? 552(a)(6)(C), plaintiff
Marks deemed this failure to act to be a denial of his
.initial request, and by letter dated December 2, 1976,.he
appealed this denial.
10. Defendants have acknowledged plaintiff's
appeal but have failed to act on it within the statutory
time limit. 5 U.S.C. ? 552(a)(6)(ii).
11. By letter dated June 28, 1976 plaintiff
Halperin requested under the Freedom of Information Act
the C.I.A.'s internal directives dealing with the opera-
tional use of individuals within the academic community.
12. On July 27, 1976, defendants released to
plaintiff Halperin portions of a document entitled
"Restrictions on Operational Use of Certain Categories
of Individuals" and withheld portions of this document
under exemptions I and 3 to the F.O.I.A., 5 U.S.C.
? 552(b)(1) & (3).
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13. By letter dated September 29, 1976,: plaintiff
Halperin appealed defendants' initial denial of portions of
the requested document.
14. By letter dated December 6, 1976, defendants
affirmed their initial denial of portions of the requested
document.
15. Plaintiffs have exhausted their administrative
remedies.
16. Pursuant to 5 U.S.C. ? 552(a)(3), plaintiffs
are entitled to access to the requested records, and there
is no legal basis for denial of such access.
WHEREFORE, plaintiffs pray that the Court (1) order
defendants to permit access to the requested records; (2)
provide for expeditious proceedings in this action as
provided by 5 U.S.C. ? 552(a)(4)(D); (3) award plaintiffs
their casts and reasonable attorney fees in this action;
and (4) grant such other and further relief as theiCot:rt
may deem just and proper.
DATED: Washington, D.C. Resectfully submitted,
June 28 , 1977
Mark H. Lynch
John H. F. Shattuck
American Civil Liberties Union
Foundation
Suite 301
600 Pennsylvania Avenue, S.E.
Washington, D.C. 20003
[phone]
Counsel for the Plaintiffs
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