GAO REQUEST (SANITIZED)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90G01353R001500040001-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 27, 2016
• Document Release Date: September 18, 2012
• Sequence Number: 1
• Publication Date: July 22, 1988
• Content Type: MEMO

STAT
Declassified in Part - Sanitized Copy Approved for
Release 2012/09/18:
CIA-RDP90G01353R001500040001-5
Declassified in Part - Sanitized Copy Approved for
Release 2012/09/18:
CIA-RDP90G01353R001500040001-5
Declassified in Part - Sanitized Copy Approved for Release 2012/09/18: CIA-RDP90G01353R001500040001-5
Central Intelligence Agency
MshivmDC A6(5
0 3 AUG 1R8
OCA 88-2549
Mr. Nicholas Rostow
Legal Advisor
National Security Council
The White House
Washington, D.C. 20506
Dear Mr. ostow:
This is in response to the 22 July 1988 memorandum
forwarded by Mr. Paul Schott Stevens, Executive Secretary of
the National Security Council asking that the Executive Branch
not respond to requests from the General Accounting Office
(GAO) in their investigation of General Manuel Noriega.
The GAO contacted the Central Intelligence Agency on
24 May 1988 requesting information on General Noriega's alleged
drug activities. It is not the Agency's policy to respond to
GAO requests for information that properly belongs in the
purview of the intelligence oversight committees. The Office
of Congressional Affairs declined this request on 13 June
1988. For your information, I have enclosed the pertinent
correspondence.
Sincerely,
/s/
#1- John L. Helgerson
Director of Congressional Affairs
DISTRIBUTION:
Original - Addressee 1 - DCI
1 - D/OCA 1_7_DDCI
1 - OCA Record 1 - ER
1 - KB Chrono 1 - ExDir
1 - KB GAO FILE 1 - D/ICS
OCA/KB: sgb (1 Aug 88)
1 - DDI
1 - DDA
1 - DDO
1 - Chm/NIC
1 - GC
1 - IG
1 - Compt
1 - PAO
1 - NIO/CN
1 - C/LA/DO
1 - Counsel/DCI
DM
EXEC,
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DATE
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SUSPENSE
'Date
FYI: In phone call, the: NSC'Executive
Secretary underscores importance
of disseminating. this information
to all.,appropriate'components.
Execut,mSecreary
22 July 88
Date
'?217 (10-81)
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. ER 88-3001X
STAT
5149
NATIONAL SECURTY COUNCIL
WASHINGTON. D.C. 20600
July 22, 1988
MEMORANDUM FOR MR. MELVYN LEVITSKY
Executive Secretary
Department of State
MR. ROBERT B. 20ELLICK
Executive Secretary
Department of Treasury
COL WILLIAM M. MATZ
Executive Secretary
Department of Defense
MR. MARK R.,LEVIN
Chief of Staff
Department df Justice
Executive Secretary
Central Intelligence Agency
SUBJECT: GAO Request on Noriega
GAO has sent letters to a number of departments and agencies
concerning a study it is conducting into the activities of Manuel
Noriega. Following interagency meetings, it was determined that -
GAWs request raises a number of-legal issues requiri-ptg in-depth
analysis. GAO has been so informed (Tab A), and that analysis is
underway, and should be completed shortly.
In order to ensure that the Executive branch deals with this GAO
request in a consistent manner, there should Ie no meetings with
GAO, and no documents or other information shquld be provided to
GAO, in connection with this request until tht .legal analysis is
completed and a decision is made on how to retpond.
Any questions concerning this matter should bt addressed to
Nicholas Rostov, Legal Adviser to the National Security Council
(456-6538), or his Deputy, Dan LevinI(395-3850.
.04, Paul Schott Stevens
Executive Secretary
Attachment
Tab A - Letter from Nicholas Rostow to Nitncy Kingsbury
c_e ?c
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?
NATCNALSECURTYCCUNCL
WASHINGTON. D.C. 20606
July 13, 1988
Dear Ms. Kingsbury: .
/ am writing in response to your request concerning a study of
the alleged drug activities of Manuel Noriega, and the role
information about such activities played in decisions about U.S.
foreign policy (Study #472165).
As described in Mr. Kelly's May 13, 1988, letter to Paul Stevens
and your June 23, 1988, leiter to me, your request seeks access
to sensitive law enforcement and intelligence files covering a
substantial period of time. In our meeting, Irour staff confirmed
that your three areas of interest were intel4gence files, law
enforcement files, and the deliberative proceos of the Executive
branch, including internal communications and deliberations
leading to Executive branch actions taken purouant to the
President's constitutional authority. I was disappointed that
your letter did not contain any narrowing of he request. The
request raises important satutori and constioutional issues.
The Administration is analyzing ipem now, and when its
deliberation is complete, / shall reply furthr to your letter of
June 23, 1988.
Sincerely,
/
4/. (-4.4'..erkeLl
Nicholas Rostov
Special Assistant to the President
and Legal Adviser
Ms. Nancy R. Kingsbury
Associate Director
National Security and
International Affairs Division
United States General Accounting Office
'Washington, D.C. 20548
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It I
White House Blocks a Noriega
Inquiry
By ROBERT PEAR
Special to The New Yost Times
WASHINGTON, Aug. 17? The White
House has ordered the State Depart-
ment, the Defense Department and the
Central Intelligence Agency not to
cooperate with a Congressional investi-
gation of possible illegal activities by
Gen. Manuel Antonio Noriega of Pana-
ma, Administration officials said to-
day.
The investigators, from the General
Accounting Office, an arm of Congress,
are studying the ways that information
about drug trafficking by foreign offi-
cials influences decisions by the United
States on foreign policy. They are
focusing on Panama as "a case study."
General Noriega, the Panamanian
strongman, was indicted In February
on *drug trafficking charges by two
Federal grand juries in Florida. The
Reagan Administration offered to drop
the charges if the general would resign
and leave Panama, but he refused.
The investigation by the accounting
office could touch on politically sensi-
tive matters, like the question of when
Vice President Bush learned that Gen-
eral Noriega might be involved in drug
trafficking.
Years of Praise
For years, General Noriega provided
political intelligence to the United
States Government. From 1982 to 1987,
American law-enforcement officials
wrote six letters warmly praising the
Panamanian leader for his aid in fight-
ing the international traffic in narcot-
ics. John C. Lawn, head of the Federal
Drug Enforcement Administration,
said he had written such letters be-
cause he was "left out of the loop" by
American intelligence agencies.
Roger B. Feldman, the State Depart-
ment Comptroller, said "all executive
branch agencies have been instructed
by the White House" not to provide any
of the requested information or docti-
ments to the G.A.O. until further notice.
Defense Department officials pro-
vided information from June 1 through
July 12, when they said they had been
instructed by the White House to sus-
pend cooperation.
Nickolas Rostow, legal adviser to the
National Security Council, said the in-
vestigation "raises important statu-
tory mid constitutional issues" involv-
ing access to sensitive taw-enforce-
ment and intelligence data. In a letter
to the G.A.O. on July 13, he said the Ad-
ministration was analyzing those
issues. .
The Washington Post A
The New York Times 141 3
The Washington Times
The Wall Street Journal
The Christian Science Monitor
New York Daily News
USA Today
The Chicago Tribune
Date Leal* i 1%1
White House Move is Unusual
A White House official said today
that the issues were still being re-
viewed. He said the White House might
issue guidelines for.G.A.O. access to in-
formation, but he could not say when
documents might actually be disclosed.
Representative Bill Alexander,
Democrat of Arkansas, said the White
House was "stonewalling" in an appar-
ent effort to withhold evidence that
Federal agencies were "working at
cross purposes."
Congressional auditors often haggle
with individual agencies over access to
specific documents. But it is unusual
for the White House to issue a blanket
policy suspending cooperation while it
tries to decide how to respond.
Nancy R. Kingsbury, the G.A.O. offi-
cial supervising the project, said, "We
have, by letter and telephone discus-
sions, continued trying to obtain infor-
mation and schedule meetings with the
Departments of State, Defense and
Justice, but these efforts have been
refused, with each agency citing the
National Security Council's direction
as the reason for refusal."
For example, she said, a drug-en-
forcement official at the Justice De-
partment "told us that the National Se-
curity Council gave instructions not to
meet with us until as.c. gives the go-
ahead."
Under Federal law, each agency is
required to give the Gener?ccount-
ing Office the information it requires
for investigations. The Co ptroller
General of the United States, as ead of
the G.A.O., may file suit in Federal
court to get access .to Government
documents. But the President may
withhold records of foreign intelligence
activities.
Mr. Alexander said he would soon in-
. troduce legislation to require Fedetal
agencies to share information abont
illegal foreign drug activities.
Senator John F. Kerry, Democrat. of
Massachusetts, and Mr. Alexariderre-
quested the G.A.O. investigation.
Page 7.
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