LETTER FROM CHAIRMAN

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06887346
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 7
• Document Creation Date: September 12, 2023
• Document Release Date: July 31, 2023
• Case Number: F-2014-01695
• Publication Date: May 13, 2013

Approved for Release: 2023/06/07 C06887346
Central Intelligence Agency
Washington, D.C. 20505
13 May 2013
The Honorable Mike Rogers
Chairman
Permanent Select Committee on Intelligence
House of Representatives
H-405, The Capitol
Washington, D.C. 20515
Dear Mr. Chairman:
I am writing in response to Chairman Issa's letter of
16 April 2013 addressed to CIA General Counsel Stephen
Preston regarding the Agency's procedures for clearing
private attorneys representing Agency personnel. I am
replying on behalf of Mr. Preston and, after consultation
with your staff, am sending my reply to you and Ranking
Member Ruppersberger consistent with the House Permanent
Select Committee on Intelligence's exclusive oversight
jurisdiction of the CIA.
CIA has established procedures that Agency staff
employees, contractors, and detailees from other Agencies
are to follow in order to have their private counsel
cleared to receive classified information. The Agency
routinely considers and approves requests to clear private
attorneys for the purposes of legal representation. We are
aware of no problems with this process either generally or
with specific reference to Chairman Issa's Committee
investigating the September 11, 2012, attack in Benghazi,
Libya. In this regard, I should add that CIA personnel are
free to communicate their concerns to Congress if they want
to, and indeed there are established procedures to
facilitate such communication on a confidential basis.
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Approved for Release: 2023/06/07 C06887346
The Honorable Mike Rogers
The Agency will continue to work with your Committee
to ensure that it is provided all of the information and
assistance necessary to carry out its oversight inquiry on
this very important matter. Please contact me if you have
any questions.
Sincerely,
Acting Director of Congressional Affairs
2
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Approved for Release: 2023/06/07 C06887346
Central Intelligence Agency
Washington, D.C. 20505
13 May 2013
The Honorable C.A. "Dutch" Ruppersberger
Ranking Republican Member
Permanent Select Committee on Intelligence
House of Representatives
H-405, The Capitol
Washington, D.C. 20515
Dear Mr. Ruppersberger:
I am writing in response to Chairman Issa's letter of
16 April 2013 addressed to CIA General Counsel Stephen
Preston regarding the Agency's procedures for clearing
private attorneys representing Agency personnel. I am
replying on behalf of Mr. Preston and, after consultation
with your staff, am sending my reply to you and
Chairman Rogers consistent with the House Permanent Select
Committee on Intelligence's exclusive oversight
jurisdiction of the CIA.
CIA has established procedures that Agency staff
employees, contractors, and detailees from other Agencies
are to follow in order to have their private counsel
cleared to receive classified information. The Agency
routinely considers and approves requests to clear private
attorneys for the purposes of legal representation. We are
aware of no problems with this process either generally or
with specific reference to Chairman Issa's Committee
investigating the September 11, 2012, attack in Benghazi,
Libya. In this regard, I should add that CIA personnel are
free to communicate their concerns to Congress if they want
to, and indeed there are established procedures to
facilitate such communication on a confidential basis.
Approved for Release: 2023/06/07 C06887346
Approved for Release: 2023/06/07 C06887346
The Honorable C.A. "Dutch" Ruppersberger
The Agency will continue to work with your Committee
to ensure that it is provided all of the information and
assistance necessary to carry out its oversight inquiry on
this very important matter. Please contact me if you have
any questions.
Sincerely,
Acting Director of Congressional Affairs
2
Approved for Release: 2023/06/07 C06887346
Approved for Release: 2023/06/07 C06887346
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JOHN L. MICA. FLORIDA
MICHAEL R TuRNER. OHIO
JOWL J. DUNCAN, JR.. TENNESSEE
PATRICK I McHENRY NORTH CAROLINA
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PAUL A. GOSAIT ARIZONA
PATRICK MEEHAN. PENNSYLVANIA
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COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM
Mr. Stephen W. Preston
General Counsel
Office of General Counsel
"'Central Intelligence Agency
Washington, D.C. 20505
Dear Mr. Preston:
2157 RAYBURN HOUSE OFFICE BUILDING
WASHINGTON, 00 20515-6143
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April 16, 2013
ELIJAH E CUMMINGS, MARYLAND
RANKING MINORITY MEMBER
CAROLYN R. MALONEY, NEW YORK
ELEANOR HOLMES NORTON,
DISTRICT (IF COLUMBIA
JOHN F. TIERNEY. MASSACHUSETTS
WM. LACY CLAY, MISSOURI
STEPHEN T. LYNCH, MASSACHUSETTS
JIM COOPER. 'TENNESSEE
GERALD E CONNOLLY, VIRGINIA
JACKIE SHIER. CALIFORNIA
MATTHEW A. CARTWRIGHT. PENNSYLVANIA
MARK POCAN. WISCONSIN
L. TAMMY DUCKWORTH, ILLINOIS
DANNY K. DAVIS. ILLINOIS
PETER WELCH, VERMONT
TONY CARDENAS, CALIFORNIA
51EVET4 A. HOP.SFORD, NEVADA
MICHELLE LUJAN GRISHAM. NEW MEXICO
The Committee on Oversight and Government Reform continues to investigate the facts
and circumstances surrounding the death of U.S. Ambassador to Libya J. Christopher Stevens
and his colleagues in Benghazi on September 11-12, 2012. During the course of the
investigation, numerous individuals have approached the Committee with information related to
the attack. Some witnesses may be required to retain personal counsel to represent them before -
the Committee and in the event the Agency subsequently retaliates against them for cooperating
with the Committee's investigation. Additional witnesses may be compelled by subpoena to
give testiMony to the Committee and can be reasonably expected to retain personal counsel at
that time.
In each case, witnesses may need to share sensitive or classified information with their
lawyers. Attorneys representing CIA personnel in this matter will require clearance to possess
and discuss Top Secret and Sensitive Compartmented Information (SCI). So that attorneys
representing witnesses in this matter can properly represent their clients, and so witnesses can
lawfully disclose sensitive or classified information to their attorneys, it is important that the
CIA's procedure for clearing attorneys is vell understood.
Attorneys are cleared in accordance with the CIA's security regulations. The Agency's
relevant security regulations are not widely available, which may cause unnecessary delays in
clearing attorneys to handle sensitive and classified material related to this matter. Any
ambiguity as to the clearance process may also unnecessarily expose witnesses to liability for
releasing sensitive or classified information without proper authorization. To protect CIA
employees cooperating with the Committee's investigation, please provide the following
documents and information:
1. The portion of the Agency's security regulations that describes the process for clearing an
attorney to receive sensitive or classified information from his or her client;
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Approved for Release: 2023/06/07 C06887346
' Mr. Stephen W. Preston
April 16,2013
Page 2
2. The portion of the Agency's security regulations that describes the process for clearing an
attorney who has previously been granted or currently has access to sensitive or classified
information from another client;
3. Any list of "cleared" attorneys, from which employees can select an. attorney who
currently has access to sensitive or classified information and does not have to undergo
an extended background check prior to speaking with an employee about sensitive or
classified information; and,
4. Any guidance or notices that the Agency has distributed to employees related to retaining
or communicating with an attorney in the congressional investigation of the September
1 1 - 1 2, 2012 attacks on U.S. personnel and facilities in Benghazi.
It is an unavoidable fact that CIA employees who apply for a security clearance to allow
their personal attorneys to handle sensitive or classified material may be identifying themselves
as witnesses in the Committee's investigation. With that in mind, it is important that the Agency
makes clear to its employees that they are free to furnish information to Congress in accordance
with their statutory rights.' Additionally, retaliation against a witness who communicates with
the Committee can be considered obstruction of a congressional investigation. and is punishable
by fine and imprisonment.-
To address the fact that witnesses may be reluctant to apply for attorney clearance for
fear of retaliation, please enclose in your response to this request a pledge that the Agency will
not take any adverse personnel action or otherwise retaliate against any employee who requests
clearance. This request is urgent in light of testimony from key witnesses who described
mismanagement by senior administration officials related to the September 11-12, 2012 attacks
and subsequent attempts by the administration's political staff to obstruct the congressional
investigation.
Please produce the documents requested as soon as possible, but by no later than 5:00
p.m. on April 17, 2013. When producing documents to the Committee, please deliver production.
sets to the Majority Staff in Room 2157 of the Rayburn House Office Building and the Minority
Staff in Room 2471 of the Rayburn House Office Building. The Committee prefers, if possible,
to receive all documents in electronic format.
5 U.S.C. 7211 states: "The right of employees, individually or collectively, to petition Congress or a Member of
Congress, or to furnish information to either House of Congress, or to a committee or Member thereof, may not be
interfered with or denied."
- IS U.S.C. � 1505 states, in pertinent part: "Whoever corruptly, or by threats or force, or by any threatening letter
or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and
proper administration of the law under which any pending proceeding is being had before any department ()regency
of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation
is being had by either House, or any committee �Falter House or any joint committee of the Congress--Shall be
fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism
(as defined in section 2331), imprisoned not more than 8 years, or both."
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Approved for Release: 2023/06/07 C06887346
� Mr. Stephen W. Preston
April 16, 2013
Page 3
The Comthittee on Oversight and Government Reform is the principal oversight
committee of the House of Representatives and may at "any time" investigate "any matter" as set
forth in House Rule X.
If you have any questions about this request, please contact Jonathan Skladany of the
Committee Staff at [phone]. Thank 'you for your attention to this matter.
Sincere'
'Darrell issa
Chairman
cc: The Honorable Elijah E. Cummings, Ranking Minority Member
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