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104-10428-10007 JFK Assassination Records Archives 1 (12/10/1990)

handle is hein.jfk/jfkarch19713 and id is 1 raw text is: 104-10428-10007



















                                   INTERNAL USE ONLY



                                                        10 December 1990


          WORKING PAPER:

          SUBJECT        : F81-0351- HSCA Equities


                    1.  This is to discuss our handling  of one of the more
          difficult and controversial areas involved  in the processing of
          the HSCA material in the Allen litigation  (F81-0351). Our  area of
          concern involves the interpretation and treatment  of the
          Congressional exemption, or, as usually  referred to - the HSCA
          Equities exemption.  The basic problem  is the apparent
          contradiction between the court ordered Stipulation  (C.A.
          No.81-2543), dated  10 June 1988, and instructions from the House
          of Representatives.  In particular this pertains  to Stipulation
          3h, which enjoins the Agency to search for:

                    Any records relating to any assignment  by the CIA to an
                    employee of the CIA to review, evaluate or assess any
                    final or interim report by the HSCA.

                    2.  Stipulation 3h would appear  to be in direct conflict
          with instructions from the House of Representatives, as  quoted in
          part from the following 2 documents:

                    Rules of the House Select Committee  on Assassinations,
                  adopted 7 March 1977, as amended, Rule  10.8  :  'The chief
                  counsel and deputy chief counsels  shall have authority to
                  designate materials and documents as  sensitive. The
                  contents of all such materials and documents,  in addition
                  to any materials or documents already  classified or
                  marked confidential by any agency or  department of the
                  U.S. Government, shall not be released  or divulged in any
                  way, form, shape or manner without  the approval of the
                  select committee or one of its subcommittees.*

                    Letter from HSCA Chairman Stokes to  the DCI, dated 26
                  March 1979, paragraph 2, which reads  in part:  The
                  purpose of this letter is to request  specifically that
                  this Congressional material and related  information in a
                  form connected with the Committee not  be disclosed
                  outside your Agency without the written concurrence of
                  the House of Representatives.


INTERNAL USE ONLY

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