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![handle is hein.jfk/jfkarch01344 and id is 1 raw text is: 104-10427-10052
.SECRET
ATTORNEY CLIENT PRIVILEGED MATERIAL
.16 June 1989
ITEMS OF MAJOR INTEREST -- 9 - 16 June 1989
On 10 May 1989 in the FOIA case Knight v. U.S. Central
Intelligence Agency, the Fifth Circuit Court of Appeals in a
published opinion affirmed the district court's award of
summary judgment for the Agency in declaring that the CIA need
not disclose to the plaintiff certain records he had requested
regarding the sinking of the Green-peace ship, the Rainbow
Warrior. As a result of the Court of Appeals opinion, which
states that courts should not second-guess determination of the
DCI in FOIA matters involving the national security, the
plaintiff has petitioned the Court of Appeals to rehear his
appeal. Prior to his rotation to the Iran-Contra Task Force,
of OGC's Litigation Division handled this case.
Upon Fred's departure, ::::]also of OGC's Litigation
Division is working with the U.S. Attorney's Office in
responding to this most recent development.
Secrecy Agreement Litigation. While awaiting docketing of
the AESA case in the District Court (which is on remand from
the Supreme Court), we received an offer to enter into
negotiations for possible settlement of all three cases which
take issue with the Executive Branch's standard nondisclosure
agreements. The institutional and congressional plaintiffs
offered to dismiss their remaining claims if the Executive
Branch parties would: (1) provide personal notice to former
employees to inform them that the term classifiable has been
deleted from the SF 189 and the F 4193; (2) define employees'
obligations under the nondisclosure agreements with respect to
information that is not marked classified; (3) clarify the
language of the prepublication review clause (paragraph 4 of
Forms 4193 and 4355); and (4) agree that employees should be
obligated not to disclose information only during a thirty day
review period following the employees submission of the
material to the Agency for prepublication review. (U)
After reviewing the settlement offer and concluding that
many of plaintiffs' issues for negotiation were not raised in
the original lawsuit, we advised DOJ that the only issue we
would be interested in discussing prior to returning to Judge
Gasch's courtroom would be the possibility of giving former
eiMloyees constructive (vice personal) notice of the deletion
of the te.tm classifiable. Director of ISOO, Steve Garfinkel
CL BY 2100049
DECL OADR
DRV MUltiple
SECRET](ViewImageLocal?handle=hein.jfk/jfkarch01344&div=1&collection=&method=preview&ext=.png&size=3)