OGC REQUEST TO EXAMINE CERTAIN CIA DOCUMENTS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85B00236R000200070013-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 9, 2016
• Document Release Date: August 17, 2001
• Sequence Number: 13
• Publication Date: December 19, 1980
• Content Type: MFR

ADMDIISTRATIVE - INTERNALU
Approved For^,B.elease 2001/09/04: CIA-RDP85B~23,~Y
QDD200070013-2
MEMORANDUM FOR THE RECORD
Intelligence Branch
THROUGH: C/CRD/Intel
THROUGH: C/CRD
SUBJECT: OGC Request to Examine Certain CIA Documents
1. On 17 December the undersigned met with of the
OGC Law Library who had requested CRD examination o a large group o ocuments
which she believed may have been released inadvertently to the public without
proper declassification action. Upon examination of the documents, it was
determined that no improper release had occurred.
2. The documents were in two groups. The first group was IPD FOIA
Case file F-75-6585. This file partially consists of some 321 xeroxed documents
which in 1978 had been released to the plaintiff. Although many of the docu-
ments were not CIA -- these included sections of the Congressional Record --
there were CIA documents from OLC and OGC which had been classified originally
but declassified because of the mandatory request. These documents had had
their original classification stamps deleted and marked properly as declassi-
fied. Subjectwise, the documents concerned the secret testimony of
Admiral Hillenkoe'er before various congressional committees. Many of the
documents were advisory memorandums to the DCI from the then Legal Counsel,
Mr. Pforzheimer.
3. This CIA response was the near final result of extensive litigation
from Susan Goland and involved the CIA claim that the requested documents
were not properly Agency, that they were legislative records, and should not
fall under the executive purview of the FOIA. This case, as of last spring,
was essentially closed awaiting a final court decision concerning payment OfSTATINTL
legal fees.
4. The second group of documents was the one that
requested a CRD opinion. It consisted of the original CI ocuments, most of
Approved For Release USE ON~~00070013-2
ADMINISTRATIVE
 Appro RNSI + LVEOI/O UBUL F239MOD200070013-2
which formed the basis of the IPD %eroxed package. The documents had come
from a variety of sources: some were OLC, others had been retired to AARC
and called back. There appeared to be some documents which might have been
related to the Goland request, but were not in the IPD package. There appeared
to be no documentation acknowledging CIA refusal to release the information.
s were written well past the time period of the Goland request.
went on to explain that the second group of documents had been
used by OGC personnel as a "working file" for legal opinions of that time
period. She also stated that there was soon to be an NFAC/OPA person assigned
to OGC to write an unclassified paper using the information available to 0GC
including the "working file".
5. The writer told that in his opinion there had been
no security breach in the release o- any of the documents. I also told her
that none of the documents in the second group could be subjected to system-
atic review unless the files were placed in correct order by an RMO and
properly returned to AARC. In consultation with the IPD case officer most
familiar with the Goland request, we also advised that any STATINTL
person writing an unclassified version using the documents in question should
restrict their research to those documents known to be declassified which were
in the IPD case file package. This should be done to avoid the possible use
of documents which, while still classified, might be related to the subject
of the Goland litigation.
6. The subject of this memorandum will be promulgated in the form of
a draft Classification Review Procedure (CRP) to advise CRO personnel who
might come across similar related documents in their systematic review of
old Agency records.
Approved I TiA i4. cf - 00 0 L~70013-2
2