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104-10428-10008 JFK Assassination Records Archives 1 (11/27/1990)

handle is hein.jfk/jfkarch19714 and id is 1 raw text is: 104-10428-10008 OFFICIAL USE ONLY 27 November 1990 F81-0351, Working Paper HSCA Equities The purpose of this paper is to identify and pull together basic documents and other material bearing on the Congressional or HSCA Equities exemption. Hopefully this may be useful to the JFK Task Force in its interpretetion and application of this exemption. With the processing phase of the Allen litigation drawing to a close, it may also help in consistency of treatment and, perhaps, prevent or lessen future flaps during the inevitable Appeals stage. As our processing of the OLC material has progressed, we have become increasingly concerned about our treatment of materials where the HSCA Equities exemption is applicable. Perhaps at the core of our problem is the dilemma posed by the contradiction between the Court.ordered Stipulation 3h and instructions from the House of Representatives. Stipulation 3h 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. However, HSCA Chairman Stokes, in his letter to the DCI of 26 March 1979 states: A great deal of material has been generated by your Agency in response to specific requests or concerns of the Select Committee. In addition, your Agency is in physical custody of a variety of materials originating from the Sel ect Committee. It can be anticipated that your Agency will receive requests under the Freedom of Information Act for access to these materials. 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. Attached to this paper are other documents concerned with various aspects of Congressional Equities. The following pertinent quotes are taken from some of these documents: 1. Rules of the HSCA 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 1 OPPTC'TAT. TqP ONLYT

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