LETTER TO JOSEPH WRIGHT FROM WILLIAM J. CASEY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP88B00443R001604220033-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 22, 2016
• Document Release Date: April 14, 2010
• Sequence Number: 33
• Publication Date: September 10, 1984
• Content Type: LETTER

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Central Intelligence Agency
% shin onaC20505
10 September 1984
The Honorable Joseph Wright
Deputy Director
Office of Management and Budget
Washington, D. C. 20503
Dear Joe,
Here is a copy of my letter to the Attorney General on the high national
interest in having the CIA operational files exempted from the Freedom of
Information Act (FOIA).
I strongly believe that the continuing use of the Privacy Act as an
FOIA exemption in law enforcement is of far lesser significance than the
impact that exemption of CIA's operational files in relieving liaison services
and agents all over the world from the worry that helping the United States
can lead to the loss of sources and risk of lives and reputations would have.
I am told that the important law enforcement interest can be met by
asserting the exemptions already provided in the FOIA.
I also understand that if the Supreme Court approves the continued use
of the Privacy Act as an FOIA exemption, Congress is almost sure to enact
legislation to take it away.
Thus, we risk a major achievement for the Administration in obtaining
the relief from the FOIA it has set as one of its goals in order to save a
doubtful exemption, which is of little added value and which is not likely
to last very long in any event.
believe that you will find the use of the Privacy Act as an exemption has
not been either frequent or significant.
The attached clipping from the New York Times confirms our view that
if we are going to get this achieved it will have to be done during this
next week or two.
Sincerely,
Attachments
OLL 84-2934
lliam J. Casey
Director of Central Intelligence
Distribution: 1 Each: DC DDCI, EXDIR
OLL, DDA, C/IPD
OGC, CDO/OGC, ER File
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CInIdli9cnoc Asrncy
OLL 84-2934
The Honorable William French Smith
The Attorney General
Washington, D. C. 20530
Dear Bill:
6 September 1984
I write you on a matter on which our staffs are working and which is
of high importance to our security interests. I bring it to your attention
now because time is short and we may need to go over it together.
As you know, we have been trying for the last six years toobtain legislative
relief from the unique burdens we face under the Freedom of Information Act
(FOIA). We now are on the verge 'of'obtaining this essential relief.
The pending legislation would bring major benefits to our national
intelligence effort. It would remove from the search and review provisions
of the FOIA large segments of our operational files, thereby allowing the
CIA to provide greater assurances of confidentiality to our foreign sources
and liaison services and releasing many of our most experienced officials from
involvement in FOIA processing. It would also enhance.the maintenance of
compartmentation of CIA information, which is a principle crucial to the
success of sensitive intelligence operations. The Administration, including
the Department of Justice, has extensively examined and approved the proposal
that CIA seek separate. legislation 'for FOIA relief and the President has
personally given his support.
Our legislation was unanimously passed by the Segate.late.last year.*
The House Permanent Select Committee on intelligence amended thetbiHand
unanimously reported it earlier this ye4r.
Chairman of the House Government Operations SubcommitteevonGGbvernmeentsh,
Information, Justice and Agriculture,. then made the addition of'an,amendment
to the Privacy Act a prerequisite for Subcommittee action on the legislation.
This amendment simply states that the Privacy Act cannot be used as a with-
holding statute under exemption (b)(3) of the FOIA.
We understand that it is a matter of some concern to the Department of
Justice because it would be contrary to the revised policy guidance given by
the Department of Justice on the use of the Privacy Act as a (b)(3) exemption
and because this very question is awaiting decision by the United States
Supreme Court. On the other hand, we have been informed that the Department
of Justice will withdraw its objections to Representative English's amendment
to our bill if a satisfactory agreement can be reached on a substitute bill
for S. 774, the government-wide FOIA relief bill. I understand that negotiations
are currently under way to achieve this compromise.
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The Administration may have to evaluate the prospects and the relative
value of getting CIA's sensitive operational files exempted against Preservin
Justice's ability to use the Privacy Act to exempt some files from demands g
under the Freedom of Information Act. The considerations from the CIA stand-
point are:
a. Our operational files will no longer need to be searched.
b. Our foreign sources and liaison ,services would have greater
assurance that we can preserve their confidentiality.
c. Some of our most able and experienced officers could turn
from FOIA processing to gathering intelligence. The Agency
can use only high caliber personnel to protect sources included
in its operational files.
d. While the relief pertains only to the CIA records at this time,
it certainly is a blueprint for other agencies in the Intelligence
Community to obtain similar relief in the near future,
e. It is extremely important for the Agency and its personnel to
continue the momentum on the legislative front which started
with the passage of the Classified Information Procedures Act
in 1982 by obtaining this legislation as opposed to allowing
this hard fought effort to go down the drain without any
appreciable results.
Bill, this is a critical issue for this Agency. We urgently need this
relief from the FOIA. It would represent an auspicious start i-n-achieving a
goal to which this Administration has been committed since its inception.
If we do not get enactment of this legislation in this Congress;. the chances
of its enactment over the next several
years
successful adoption of Executive Orders 12333aands12356 andapassage of.the
Intelligence Identities Protection Act of.1982, up a positive regulatory and legislative, momentumhin the inationallosecuri built
arena which would be severely impacted if we failed to obtain enactment of
thithesFsessioOIA In this
itnis Congress.
essential believe with time running out in
ential we resolve this quickly.
Sincerely,
( 4 1
am J, Wa Dir ector of Centrl elligence
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ARTICLE AppFARjED
ON PRCE ~
?
MEW YORK TIMS
9 September 1984
?
A-C.LqU-'Reviews Support of-Informanionn '
Bill.
B
DAVID
y
BURNH
vrT1rNw7wt i
WASHINGTON - The American
Civil Liberties Union is reviewing its,
support for legislation that would ex.
=S= of the operational files of
Intelligence Agency from
ma Aut uDder.1the Freedom of Infor.
t1lon
dvfl libertiesnVarp. said the decision
to 6W Y the bill futthfr was reached
After taltforaitYha representing the .
organizes:
?t fon?detatled.bis opposition at an Aug.
1a meeting of the union's executive
.committee. The meeting followed a,
vote by the California affiliate several
months ago to oppose the national
group's position on the issue.
The intelligence -agency and the
liberties union have both testified in
support of the House version of the bill;
and this harmony has played a major
role In the bill's progress through Can.
Sreas.
The California affiliate's objedions
center provisions in the bW that it
cocteods would almost eliminate the
right of Federal judges to review ad-
ministrative dedsiocss of the C1 A. .
A seoood criticism is the belief that if
~a~a number of oiSer ience
and l
'
a
w"--'uoroement agencies would
request the tonne kind of exemption
from the information ad, a- law estab-
agency require to searc6`alt of its
tiles whey ft gets a request under the
Freedom of Information Act. The
agary Is then permitted to deleteti oonei..
tam n kinds of Classified informa
Under the Souse Proposal,-the agency
would be excused from.searcbing sev-
eral specific tiles from which informs.
bouts rarely. If ever, released.
Supporters of the legislation contend
th
making what Axe at by. exempting the C.I.A. from. fruitless
Other searches. long dela ~yaaswering
requests would be reduced. Crit-
ics, howm"e. argue that If the Iegisia-
ti
on becomes law, the inteWgenoe
agenc
avoid i assure of more
sad a would Worn*tion
exempted file . by pladrig it to
Mr. Glasser said that it the questioes
Go ttgat to read almost all ~', rrAx try lauY m* wyer re rese6~ e
tans
:
- d0- j nation's p mz~ar
national A.CLTf said be had asked
lawyers in and outside his
r
u
wh
g
o
p
o
ms maize in cams of freedom of infor
assess these objections. Pm
trying to do a. serious review of their'
~ e " be Zhis is a process that
as a on law. characterized the review wide criticism. Among those` w'
preliminary Inquiry. He said the lamed it. however. were Jack Landau of.
group would reconsider its stance on { the Reporters Cocatiiittee for the Pree
the bill only if the criticism was !Quad dom of the Press and Samuel R. Gam.'
to be melted. s ~. ;L -..:. . c.;. _. m a
`'1t is unlikely them anbe ann crib. for former Hispotip~l who i
dim that has not beta ooaidered..? Jp rtio~-~..~ ?. -s?...~_- . A_._...
Mr. Glasser said the review would In:
yolve the three lawyeai who act as, the
A.C.L.U.'s general counsel.
ar cTyach,'an evert for the dvu.
liberties group on the-freedom of info
r..
T -ZheTegiSlatI Qlcnetfn's ru s:
by the -House intelligence coni
MOO
and the House Government Opexations
Committee. It may, come to the floor
soon under a procedure that requires
approval of two-thirds of the mto less: The Senate already has passed
its version of the bill.
? Underc4rteat.Lw tbe:iacelligeaoa!1
southern cawo:ala afflicts.
were found to be valid, he would with..'
draw the union's backing.
? "1f eversrotne convinces me tbat.wre*
t
were all wet In our first position. that's
the end of kt,"he said is as inLaiftwr
Mr. Glasser said the general
Frank Askin, a law_professor t.
gers University: Lawr'eace getmat;
law professor at Ohio State, and
In N York M RPilpel, a lawyer In private practice
i~~tt~ review were tr
ckly ~i
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