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104-10331-10142 JFK Assassination Records Archives 1 (2/11/1997)

handle is hein.jfk/jfkarch85088 and id is 1 raw text is: 104-10331-10142  2023 RELEASE UNDER THE PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS ACT OF 1992







                                                     11 February 1997

             MEMORANDUM FOR THE RECORD

             FROM:  Gary M. Breneman, IC

             SUBJECT:  Comparison of ARRB and DO Memoranda re
                         Treatment of CIA Officer Names in JFK
                         Collection


                  1.  This memorandum is in response to an assignment to

             compare a 20 March 1996 ARRB memorandum written by T. Jeremy

             Gunn and The Directorate of Operations response dated 20

             July 1966, authored by Fredrick C. Wickham, Jr.  Both deal

             with the treatment of CIA officer true names which appear in

             the JFK collection -- when they will be postponed and when

             they will be released.

                  2.  First the ARRB Memorandum.  Gunn describes in legal

            terms  the Board's position on the postponement or release of

            CIA officers'  true names.  He makes a proffer which states

            that  there is a premmption  in favor of release akin to a

            legal  evidentuary rule which causes a burden to shift to the

            other party  (CIA) to prove something.  In this instance, it

            is factual  evidence/proof sufficient to shift the burden not

            only back  to neutral but to the other side of neutral which

            permits  postponement.



                  3.  The Gunn memorandum then sets out the criteria-

            required  to meet the burden under several situations.

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