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

handle is hein.jfk/jfkarch48559 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

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