LEGAL DEFENSE FUND

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80-00473A000200100016-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 12, 2016
• Document Release Date: May 21, 2002
• Sequence Number: 16
• Publication Date: November 17, 1976
• Content Type: MF

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DDA 76-5752
17 November 1976
MEMORANDUM FOR: Deputy Director of Central Intelligence
FROM John F. Blake
Deputy Director for Administration
SUBJECT Legal Defense Fund
1. You have asked that I pursue the matter of
establishing a "Legal Defense Fund" and present you with
recommendations.
2. On Friday, 12 November 1976, I convened a group
STATINTL consisting of Messrs . I , Lapham, Waller, Malanick,
STATINTL Falkiewicz, and We spent a very constructive
and harmonious two hours defining the issue, analyzing the
problem, and structuring recommendations. I outline for
your below our collective thoughts which have collective
agreement.
3. Our plan begins with two questions and then goes
on to a series of either assertions or considerations.
The two questions, which are now being studied by the Office
or" General Counsel, are:
a. Is there any legal prohibition to
any solicitation of Agency employees? Head-
STATINTL quarters Regulation was considered.
It states "Government employees are forbidden
by law to give presents to official superiors
or accept them from employees receiving lower
salaries than themselves." While Mr. Lapham
will be addressing himself to this, it does
not appear that that Headquarters Regulation
will be an inhibiting factor.
b. Is it legal to use the time of
government employees or government facilities
and premises to conduct such a solicitation
as we are considering?
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4. We now proceed to the basic ingredients of the
proposed program:
a. Funds should be available to retirees
as well as serving employees.
b. There are precedents elsewhere for
raising legal aid funds.
c. There are precedents within the Agency
for solicitation drives.
d. For purposes of accountability and-
public trust it might be better if we encouraged
the receipt of checks as opposed to cash.
e. If a drive were to be conducted it must
be made absolutely clear that there is not the
slightest inference of coercion. Safeguards will
be built into the system so that no lists will be
maintained of Agency employees who contribute.
The funds raised within the Agency will be trans-
mit.ted by the responsible person conducting the
internal drive to the external unit as described
in subparagraph h. below. The individual respon-
sible for conducting the internal drive will be
instructed that that person is not to transmit
information to any other individual in the Agency
concerning the names of donors.
f. There should be both an internal solic-
itation and an external solicitation.
g. For purposes of internal solicitation
of funds I would look to the Office of Personnel
to furnish the impetus and manpower necessary.
This would include the development and printing of
appropriate announcements, contribution envelopes,
and receptacles for deposit as well as a possible
internal mailing address. For any expenses
incurred in conducting the fund we might be wise
to reimburse the Agency from the funds for any
expenses incurred for materials and printing.
h. We would identify one or two distin-
guished alumni and ask them to accept the following
responsibilities:
1) To organize an external
solicitation drive.
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2) To be the initial recipient
of all funds realized from the
external drive.
3) To determine the amount of
monies from the fund to be awarded to
any eligible recipient. We believe a'
crucial point in our program is having
the disbursement formula and determina-
tions made by individuals other than
serving Agency employees. We would
leave to the discretion of the external
chairperson(s) the selection of any
additional colleagues to be associated
with the drive and its disbursement
administration. Those so chosen should
obviously have no possible direct
connection with the potential legal case
at hand.
4) To agree to donate to either
PSAS or EAF any funds surplus when the
need for their use had expired.
i. Funds realized should only be used to
assist those who are actually indicted and should
not be used to help provide legal assistance during
grand jury proceedings,
j. While all planning.and arrangements
for the program should proceed with due haste,
the announcement and implementation of the drive
should not commence until or before an indict-
ment is issued.
k. The U.S.
the Civil Service Commission is
point of guidance to federal agencies on the
conduct of solicitations. We would be wise to
informally inform them of our intent.
1. Additional considerations will have to
be given as to the matter of obtaining funds from
field personnel.
5. Mr. Lapham, in replying to the draft memorandum on
this matter, has furnished some thoughtful language as it
pertains to the use of the f
d
un
s, I quote his point:
"With respect to paragraph 4.i., I have
had some second thoughts. The extent of the
needs of current and former Agency employees
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for legal representation at the grand jury
stage of the proceedings remains unclear.
So does the ability of this Office to procure
pro bono representation that will fully meet
those needs. It is entirely possible that
the needs will be real and will outstrip our
ability to obtain services on a pro bono
basis. Since in my view it would be most
unfortunate if those who may feel the need
to consult counsel in connection with their
grand jury appearances were to forgo the
opportunity solely on the grounds that the
legal fees were beyond their reach, I would
like to leave open the possibility that,
while the campaign might be activated only
after the return of an indictment, the funds-
could be used to reimburse legal expenses
incurred during the grand jury phase."
6. There is one other alternative for obtaining the
services of an attorney after indictment. That is the
procedure by which the court would appoint an attorney for
the defense based on the contention that the defendant
could not afford counsel. This is a rather complex matter
and I would suggest we ask Tony to explain this to you when
we meet to discuss this program.
7. If we embark on this venture, we should be aware
that we are establishing a precedent. We also believe that
to the degree possible the program should have the best
possible understanding of and sympathy from senior Agency
management. We would suggest to you that upon the submission
of our final program version that you summon a special EAG
meeting for its discussion.
John F. Blake
Distribution:
Orig - DDCI. 1 - DDA Subject w/background (DDA 76-5728; 5705;
1 - DDO and 5693)
I - 0 GC JFB "Legal Defense File) w/background
1 - I G ..~A JFB EYES ONLY GENERAL
1 - Asst to DCI
(Mr. Falkiewicz)
1 - DD/Pers
DDA:JFBlake:der (17 January 1976)
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