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104-10333-10011 JFK Assassination Records Archives 1 (9/19/1994)

handle is hein.jfk/jfkarch48135 and id is 1 raw text is: 104-10333-10011 / ACENCY- IN:ERNAL USE -ONLY PRIVILEGED A7'ORNEY WORK PROC'WCT OGC-94-52916 19 September 1994 MEMORANDUM FOR: David P. Holmes Deputy General Counsel FROM: Robert J. Eatinger. Jr. Assistant General Counsel Litigation Division, OGC SUBJECT: DCI Sources and Methods Authority With Respect to JFK Assassination Records 1. Per your request, I have attached a copy of the President John F. Kennedy Assassination Records Collection Act of 1992 (ARCA), Pub. L. 102-526, 106 Stat. 3443-3458, reprinted at 44 U.S.C. § 2107 note. For ycur convenience, I have highlighted the pertinent provisions that will aid in responding to an inquiry regarding the statute's effect on the DCI's statutory authoricy to protect intelligence sources and methods. 2. The clear language and intent of the law is to supersede sta:uces that prohibit disclosure of information, except for some ,' ' irrelevant subject areas, such as tax records. The statute provides that it shall take precedence over any other law (except section 6103 of the Internal Revenue Code), -judicial decision construing such law, or common law doctrine that would otherwise prohibit the disclosure of information subject to the Act. ARCA § 11(a) . This language, taken with the provisions discussed below which limit the intelligence sources and methods that may be protected and set a strict procedural scheme by which information is to be reviewed under the ARCA, effectively supersedes the DCI's National Security Act authority with respect to intelligence sources and methods information subject to the ARCA. 3. Section 6 of the ARCA provides the grounds for which the release of information may be postponed. The statute contemplates that all information will eventually be released. Indeed, it specifies that all information will be made available to the public no later than 25 years after the passage of the ARCA (which occurred in October 1992) unless the president certifies that continued postponement is necessary. ARCA S 4(g) (2) (D). With respect to intelligence-related information, ARCA allows postponement if: (1) the threat to ... intelligence operations ... is of such gravity that it outweighs the public interest, and such public disclosure would reveal-- PRIVILEGED ATTORNEY WORK PRODUCT AGENCY- INTERNAL USE ONLY

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