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

handle is hein.jfk/jfkarch79578 and id is 1 raw text is: 104-10428-10008  2022 RELEASE UNDER THE PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS ACT OF 1992
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 Select 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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