FOIA APPEAL - JOHN MARKS, IPS F-76-374

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80M00165A003100020004-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 11
• Document Creation Date: December 16, 2016
• Document Release Date: January 24, 2005
• Sequence Number: 4
• Publication Date: October 14, 1976
• Content Type: MF

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14 October 1976
MEMORANDUM FOR: Assistant for Information, DDA
ATTENTION
THROUGH
SUBJECT
REFERENCE
SA/DDS&T -
FOIA Appeal -
IPS F-76-374
Appeal Letter dated 8 September 1976
1. The reference imposes requirements which cannot
possibly be fulfilled by the 18 October deadline. As
there are now several requests -- all for essentially
the same information, and as Marks imposes a requirement
to review the documents prior to copying, it seems ap-
propriate that a course of action, and a tentative
schedule,be established to comply with his request.
2. The Office of Technical Service serves as a
repository for specified (1 a, b, c, d) drug files which
have thus far been identified. Although OTS has been
assigned the responsibility to maintain and search the
integrated drug files, the Office of Scientific Intelli-
gence, the Office of Medical Services, and the Office of
Security have specified a desire to review the
ARTICHOKE papers prior to release. The Office of
Technical Service cannot estimate the time that those
units will require to complete their review.
3. As to schedule, years 1949-1951 have been re-
viewed and forwarded to IPS for coordination. The OTS
sanitization of the 1952 BLUEBIRD/ARTICHOKE file is
virtually complete. It is anticipated that the 1953
file will take about two weeks and the remainder of the
file should average about one week per year through
1957. There is virtually nothing in the file for the
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INTERNAL USE ONLY
period 1967 through 1974. The 1975 file consists of
the plethora of memoranda resulting from the request
of the Director for information on Questionable Ac-
tivities and memoranda summarizing the available
files on those past activities. Thus, the entire
sanitized BLUEBIRD/ARTICHOKE file should be available
by the end of November.
4. Regarding Reference ic, MKULTRA was a funding
mechanism under which all of this work and much more
was done. There is no one central file for all of
MKULTRA other than possibly the one destroyed in 1973.
As soon as the known MKULTRA documents (those in the
BLUEBIRD/ARTICHOKE file) now in our possession
believed to be of most interest I lare sanitized,
CIA archives should be searched for a of the projects
funded as part of the PIKULTRA umbrella. It is unknown
how much time such a search would require. In short,
equest is more extensive and inclusive than
even e realizes. There is also some question as to
how far one must go to comply with the reasonable
effort required by the FOIA. The Office of Technical
Service would like a legal opinion stating how much
research we are required to perform to satisfy this
type of request.
5. Re Reference id, very little of MKSEARCH (part
of MKULTRA) escaped destruction. What did escape can
be sanitized upon the conclusion of the BLUEBIRD/
ARTICHOKE effort, and could be made available in
sanitized form in late November or early December.
6. Re Reference le, MKDELTA was a policy approval
mechanism, which should be available as the outdated
CSI 220-10 dated 22 July 1960. Beyond that, it was
only a routing indicator and there is no MKDELTA file
in OTS.
7. Re Reference 2, a memorandum dated 21 April
1960, Subject, "Scientific and Technical Problems in
Covert Action Operations"; it is not known if this
specific document is in OTS files, if it is it should
be revealed in the above search.
2
INTERNAL USE ONLY
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8. Re Reference 3, no personal files in the
name of the individuals mentioned are known to exist.
There is no method to retrieve documents by author.
As it was a common practice to prepare correspondence
for the Unit Chief's signature, much of the correspon-
dence of the units involved was signed by the specified
individuals. Such a request therefore would be too
broad and non-specific regarding subject matter to be
a reasonable request under FOIA.
David S. Brandwein
Director
Office of Technical Service
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CABLE "STERIC WASHINGTON"
TELEX 892,405
.September. 8, 1976
CERTIFIED MAID NO. 645529
Return. Receipt Requested
P THROGMOMTON AVTKUE
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100 027'710.1
TEI.EY. 537505
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Mr. John F. Blake
Chairman, Information Review Committee
Central Intelligence Agency
Washington, D. C. 20505
Re: Appeal of Freedom of Information
June 10, 1976 Request of
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Dear Mr. Blake:
We are writing on behalf of with respect to a 25X1
Freedom of Information Act request curren y pending before the
Central Intelligence Agency. This request was sent on June 10,'
1976 and received at the CIA on June 14. A copy of the request
letter is enclosed.
Because the CIA has not responded to the request within the
ten-working-day period provided by law, 5 U.S.C. ?552 (a) (6) (i) ,
we hereby appeal this implicit denial of the request under 32 CK.FK.R..
?1900.51 (1975). According to law, you have twenty working days
to decide upon this appeal, unless extended for good cause.
5 U. S.C., ?552 (a) (6) (ii) ; 32 C.F.R. ?1900.51 (e) (3) (1975)
At this time, we also wish to clarify the June 10 request
letter. First, that let-ter should be understood to be a request
to inspect the documents described therein with the right to copy
any or all of the records reserved until the time of inspection.
condly, after review of certain documents released to Mr.
25X1 .n your letter of June 30, 1976 (in response to another FOIA.
MEN YORK. KY. IOPW.
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STAT
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I'ir.. John F. Blake
Page 2
September 8, 1976
request by Nir_. Idated June 30, 1975), we are able to describe
more fully some o e documents-ciirrently? sought.
The documents referenced in the June 10, 1976 request include.,
but are not limited to,-the following:
1. All documents dealing with the CIA programs bearing -the
following cryptonyms:
Applicability of Special Chemicals and Biologicals to
Clandestine Operations."
3. Documents generated by, and presumably in the personal
(a) BLUEBIRD,
(b) ARTICHOKE,
(c) MKULTRA,
(d) MKSEAR.CH, and
(e) MXDELTA. -
2. A memorandum, with appendices, dated April 21, 1960, entitled "Scientific and Technical Problems in Covert
Action Operations, " mentioned on page 16 of the Inspector
General's report on MKULTRA dated August 14, 1963,-,
especially Appendix B of the memorandum, entitled "The
files of, r. S. Gottlieb and Messrs. Laschbrook,
I land Shef Edwards.
. STAT
4. A January 8, 1975 memorandum to the Inspector General
from DD/S&T known as a "Compliance Statement with Regard
to Questionable Activities."
We hope to receive the reply to this appeal within the
statutory deadline of twenty working days. Furthermore, we wish
to appeal the decision by Gene F. Wilson, Information and Privacy
Coordinator, in his Jux~e21 1976 letter, not to waive search and
duplinni-inn fees incurred in fulfilling this request. As you know,
Mr.I_ s a professional journalist and the information, sought
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1-4r. John F. Blake
Page 3
September 8, 1976
is for eventual public dissemination. Please inform us if you
require additional information relative to the request for a
waiver of fees.
Respectfully submitted,
FRIED, FRANK, HARRIS, SHRIVER
& KP MPELNAN
By
cc: Emile Julian, Esquire
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SUITE I000,THE WATERGATE 600
600 NEW HAMPSHIRE AVENUE, N. W.
WASHINGTON, D.G. 20037
[phone]
CABLE"STERIC WASHINGTON"
TELEX 892405
June 10, 1976
Certified Mail No. 645545
RETURN :RECEIPT :REQUESTED
Freedom of Information Coordinator
Central Intelligence Agency
Washington, DC' 20505
On behalf of Iwe hereby formally request,
under the Freedom Uj_ Act, S U.S.C. Section 552,
the following documents:
believe that any search or duplication fees to be incurred
in the fulfillment of this request should be waived, and
in connection with his activities as a journalist, we
1. All documents relating to the CIA's. drug
and behavior-modification programs, whether
equests of June 30
or not within Mr.
L
and July 17, 1975 concerning documents
delivered to the Rockefeller Commission.
2. Any CIA index to or abstract of the documents
described in 1., above.
3. Any documents mentioned or referenced in the
text of the documents requested in I. and 2.,
above.
Because -these documents are being sought by
I'Rn n, FRANK, )I {R usr..
SHR=V1 N 8, LJACOBSON
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