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104-10427-10052 JFK Assassination Records Archives 1 (06/16/1989)

handle is hein.jfk/jfkarch79571 and id is 1 raw text is: 104-10427-10052 2022 RELEASE UNDER THE PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS ACT OF 1992 .S E C R E T 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, Fred.Manget of OGC's Litigation Division handled this case. Upon Fred's departure, Rob Roth, 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 AFSA 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 eirsloyees constructive (vice personal) notice of the deletion of the ttem classifiable. Director of ISOO, Steve Garfinkel CL BY 2100049 DECL OADR DRV Multiple S E C R E T

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