Imagini ale paginilor
PDF
ePub
[blocks in formation]

This confirms my approval of the revised procedures for the conduct of the CIA portion of the Committee's investigation, as agreed to by both of our staffs, and as set forth in your letter of 27 January 1978 informing me of your approval.

There is, however, an inadvertent omission in your version of the Secrecy Agreement. The original Secrecy Agreement provided that no unsanitized documents made available to staff would be divulged without my express approval in writing. The enclosed Secrecy Agreement contains this proviso as a new paragraph #4 and has been cleared with your staff as the version we will have signed.

Please express my thanks to Professor Blakey and the other members of your staff who worked closely with my staff in establishing these new procedures. It is only through this spirit of cooperation and mutual trust at the working levels that the completeness and effectiveness of the Committee's investigation will be assured and that intelligence sources and methods will be afforded proper protection as required by law.

Enclosure

Yours sincerely

STANSFIELD TURNER

SECRECY AGREEMENT

1. I,

have been designated to participate in certain investigations being conducted by the Select Committee on Assassinations of the House of Representatives.

2. I understand that in the course of this investigation I may be granted access to information in unsanitized form which is classified pursuant to statute or executive order, or which has been designated by the Director of Central Intelligence (DCI) for protection from unauthorized disclosure.

3. I have read the attached letter, understand it, and agree to be bound by its terms and conditions.

4. In consideration for being granted access to the type of information described above, I hereby agree that I will not divulge such information in any form or in any manner, except as authorized by the terms of the accompanying letter, unless authorized to do so in advance and in writing by the DCI or his representative.

5. Unless I am released from the terms of this Agreement by the DCI or the DCI's representative, in writing, I understand that the Agreement shall apply both during my association with the Committee, and at all times thereafter.

6. Pursuant to this Agreement, the DCI may exercise in accordance with the Select Committee on Assassinations Nondisclosure Agreement any or all of those sanctions set out in that Agreement which I have executed with the House Select Committee on Assassinations, if I violate the terms of this Agreement.

7. I make this Agreement without any mental reservation, or purpose of

[blocks in formation]

H. MEMORANDUM OF UNDERSTANDING BETWEEN THE ATTORNEY GENERAL AND THE SELECT COMMITTEE ON ASSASSINATIONS

[blocks in formation]

(1) The Department of Justice (DOJ) and all divisions thereof, including the Federal Bureau of Investigation (FBI), will cooperate fully in the investigations conducted by the Select Committee on Assassinations (Committee) by authorizing and providing access, either by providing copies of materials when appropriate, or making information available for review, as requested, to information within the releasing authority of the DOJ that bears upon the study and investigations authorized by H. Res. 222. The terms of this Memorandum shall govern access to all information within the releasing authority of the DOJ held by any federal agency or department. The DOJ will inform the Committee of any requested information held by the DOJ not within the releasing authority of the DOJ, and of the proper authority to contact to obtain access to the information. Requested material will be made available by the DOJ as expeditiously and completely as feasible, and partial access shall be provided while the balance of such materials are being prepared.

(2) No document or portion of a document in the possession of the DOJ (or any of its divisions) shall be withheld without appropriate notice to the Committee of the action and whenever possible the reason for it.

B. Specific Rules:

(1) The Committee and the DOJ will periodically agree upon a list of identities that will not be excised from materials turned over to the Committee.

(2) Foreign Intelligence Operations and Sources and Other Sources of Comparable Sensitivity; Informants: Subject to the list of identities that will not be deleted, where (1) requested classified materials identify peculiarly sensitive on-going foreign intelligence operations or peculiarly sensitive foreign intelligence sources or other sources of comparable sensitivity, or (2) requested materials reveal the identity of FBI sources who are or were informants or potential informants as defined in the FBI Manual of Instructions, the DOJ will appropriately sanitize, including excising, if necessary, information identifying such operations, sources or informants.

When an excision is made, the DOJ will substitute a description of the nature of the intelligence operation, method (including the functional intelligence discipline that was the source of the intelligence), source or informant excised wherever possible without compromising sources or methods. The Chief Counsel of the Committee and the designated representative of the Attorney. General shall meet monthly to discuss a random sample of the materials selected by the Chief Counsel for the purpose of verifying the appropriateness of the sanitizing done by the DOJ, and any materials on which they disagree shall be referred to the Committee Chairman, Ranking Minority Member and if necessary the Attorney General for resolution.

(3) Matters in Litigation and Pending Prosecution; Sources: Subject to the list of identities that will not be deleted, where requested materials would (1) reveal matters in current litigation, or in which criminal prosecution is pending, or (2) identify as FBI "sources" persons who have provided or continue to provide information to the FBI and as to whose identity the FBI has undertaken an obligation of confidentiality, the DOJ will appropriately sanitize, including excising, if necessary, such information. Upon written request by the Chairman of the Committee to the Attorney General's designee, the complete and unsanitized materials shall be made available at suitable offices in the Hoover Building to the Chairman, Ranking Minority Member and Chief Counsel and, when agreed to by the Attorney General or his designee, staff members designated in writing by the Committee Chairman to receive such access.

II. Request Procedure

A. The Attorney General shall designate a Special Counsel to be responsible for dealing with the Committee. Committee requests for information shall only be conveyed to the DOJ through the Special Counsel. Absent extraordinary circumstances, appointments with DOJ employees and former employees will be arranged through the Special Counsel.

B. All Committee requests for information shall be in writing. In the interest of timely response, the Special Counsel will accept preliminary telephone or other oral requests from specific and agreed upon staff members, but no information will be made available until a request is received in writing from the Committee Chairman.

II. Staff Clearance

Prior to access by Committee personnel to any material covered by the terms of this agreement, such Committee personnel will be granted security clearance after consultation with the CIA. Committee personnel requiring access to such material will be required to execute, in advance, the attached Select Committee on Assassinations Nondisclosure Agreement.

IV. Examination of Material

Materials to which access has been granted by the DOJ will be reviewed in suitable private offices in the Hoover Building set aside for this purpose, or upon agreement in a designated area within the Committee's offices.

V. Transcripts of Statements Under Oath

A steno-typist from either the Committee or the DOJ will make a verbatim record of all statements of current DOJ personnel taken under oath. One copy of the record will be made available to the Committee and the other to the DOJ in accordance with the Rules of the Committee and pursuant to this Memorandum.

VI. Storage of Materials

Committee procedures for control and storage of any documents or materials provided by the DOJ which require protection will follow security standards and procedures established in consultation with, and approved by, the DOJ and the CIA.

VII. Disclosure of Information

A. With respect to information supplied by the DOJ which (1) identifies informants or potential informants (as referred to in Paragraph 1.B. (2) of this Memorandum), or confidential FBI sources as "sources" (as referred to in Paragraph 1.B. (3) of this Memorandum), or (2) reveals matters in current litigation or in which criminal prosecution is pending, or (3) is classified information designated for protection from unauthorized disclosure by the Attorney General or an other properly designated official that identifies peculiarly sensitive ongoing foreign intelligence operations or peculiarly sensitive foreign intelligence sources, the Committee Chairman shall notify the Attorney General or his designee in writing of the Committee's desire to disclose such information in any manner, including under the Select Committee on Assassinations' Nondisclosure Agreement. If within five days

42-733 0 - 79-5

« ÎnapoiContinuă »