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104-10331-10142 JFK Assassination Records Archives 1 (2/11/1997)

handle is hein.jfk/jfkarch19167 and id is 1 raw text is: 104-10331-10142



                                                      11>Feb  ax-      XJQ


                                                    11 February 1997

            MEMORANDUM FOR THE RECORD

            FROM:  Gary M. Breneman, IC

            SUBJECT:  Comparison of ARRB and DO Memoranda re
                        Treatment of CIA Officer .Names in JFK
                        Collection


                 1.  This memorandum is in response to an assignment to

            compare a 20 March 1996 ARRB memorandum written by T. Jeremy

            Gunn and The Directorate of Operations response dated 20

            July 1966, authored by Fredrick C. Wickham, Jr.  Both deal

            with the treatment of CIA officer true names which appear in

            the JFK collection -- when they will be.postponed and when

            they will be released.

                 2.  First the ARRB Memorandum   Gunn describes in legal

            terms the Board's position on the postponement or release of

            CIA officers' true names.  He makes a proffer which states

            that there is a presumption in favor of release akin to a

            legal evidentuary rule which causes a burden to shift to the

            other party (CIA) to prove something.  In this instance, it

            is factual evidence/proof sufficient to shift the burden not

            only back to neutral but to the other side of neutral which

            permits postponement.



                 3.  The Gunn memorandum then sets out the criteria,

            required to meet the burden under several situations.

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