FOIA APPEAL - CONGRESSMAN DON EDWARDS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82M00345R000700040179-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 19, 2016
• Document Release Date: September 9, 2005
• Sequence Number: 179
• Publication Date: October 7, 1977
• Content Type: FORM

STAT Approved For Release 2005/12/05 : CIA-RDP82M00345R000700040179-8
Approved For Release 2005/12/05 : CIA-RDP82M00345R000700040179-8
 DON 1DWARJS
DISTRICT OFFICESe
1625 THE ALAMEDA
SAN JOSE, CALIFORNIA 9512:6
[phone]
38750 PASEO PADRE PARKWAY
FREMONT, CALIFORNIA 94536
[phone]
WASHINGTON OFFICE:
[phone]
September 20, 1977
Mr. Gene F. Wilson
Information and Privacy Coordinator
Central Intelligence Agency
Washi.hxgton, D.C. 20505
Dear Mr. Wilson:
CHAIRMAN
SUBCOMMITTEE ON
CIVIL AND
CONSTITUTIONAL RIGHTS
COMMITTEE ON
VETERANS' AFFAIRS
This is an appeal pursuant to subsection (a) (6) of the
Freedom of Information Act (5 U.S.C. 552).
On July 19, 1977, I received a letter from George L. Cary
of your agency denying my request for information and
indicating that an appeal should be directed to the CIA
Information Review Committee via your office. This letter
constitutes such an appeal. I am enclosing a copy of my
exchange of correspondence with the Agency so that you can
see exactly what files I have requested and the insubstantial
groun(I.; on which my request has been rejected.
My original request was for information relating to the
publication of the book, "Chile's Marxist Experiment"
authored by Robert Moss and published in Britain by David &
Charles in 1973 and by Halstead Press and John Wiley & Sons,
Inc. in the United States in 1974. The request was a general
one .r.elat:.i..ng -I:o all information in your files pertaining to
publication of the book. However, the wording of the Agency
denial ~ nd t.11e fact that my request released no information
whatr:,oever, iet:..ts me to believe that the Agency has not made
a :reasorta.ble search for the requested materials.
If a::l. eh a. search was actually made, it seems unlikely it
woul.rt reveal that all materials relating to the Robert Moss
be,:::I tI r e classified under the criteria set forth in Executive
1.1652, Should all the materials be classified, I
woiald :[.Lkk them reviewed to determine whether or not they
1:1-oj)e.rly classified pursuant to Executive .order.- 11652..
The :-Tsncy further cites exemption (b) (3) of the Freedom of
Info-rytv.ition Act as grounds for denial. However, this exemp-
tion, as amended by P.L. 94-408, applies only where the stat-
ute .9. nvoked, "(A) requires that matters be withheld from the
publi(:' in such a manner as to leave no discretion on the issue,
or (]F3) establishes particular criteria for withholding or
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M00345R000700040$x9MITTEE ON
JUDICIARY
(ongrezz of the Lniteb'tateo
Sou a of 3aepressentatibeo
oijington, D.(C. 205t5
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;ene F. Wilson September 20, 1977 Page 2
Should any portion of the requested information be deemed
exempted by 5 U.S.C. 552 (b), that section as amended by
F.L. 94-409 further provides that any segregable portion
shall be provided after deletion of exempt portions.
I fully expect that the information which I have requested
w:i.1_1. be forthcoming. If, however, the Agency should decide
to withhold any portion of the requested records under the
Freedom of Information Act, I urge you to include with your
final. decision an index and itemization of the withheld
records correlated with the alleged statutory justification
for the withholding. The inclusion of such a justification
will better enable me to assess the need for further legal
action, and will help to avoid possibly unnecessary litigation.
I trust that upon examination of my request you will conclude
that the information I am seeking is not properly classified
unde.r.. Executive Order 11652 or covered by exemption (b) (3)
of the Fr eeedom of Information Act and that the information
will be made available promptly.
refers to particular types of matters to be withheld"..
The Statute invoked in your denial, subsection 102 (d)(3)
of the National Security Act of 1947, meets neither of these
criteria and therefore exemption (b)(3) of the Freedom of
Information Act does not sustain the Agency denial of my
request.
As provided for in the Act, I will expect to receive a
reply within 20 working days.
Sincerely,
Member of Congress
i:)I;;rie:1 if
osiu.I.
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- ti
 Approved For Release 2005/12/05 : CIA-RDP82M00345R000700040179-8
THE DIRECTOR OF CENTRAL INTELLIGENCE
STAT
Office of Legislative Counsel
Representative Don Edwards
House of Representatives
Washington, .D. C. 20515
Dear Mr. Edwards:
OLC 77-1863/a
I ) JUL 1977 -.77
This is in response to your letter of 6 May 1977 to Mr. Gene F.
Wilson, Out Information and Privacy Coordinator, requesting under
FOIA all records which relate in any way to the publication of a
book, "Chile's Marxist Experiment," authored by Robert Moss and
published in Britain in 1973 by David & Charles and subsequently by
Halsted Pregs and John Wiley & Sons, Inc., in the United States
in 1974.
As you indicated, the Agency received an identical FOIA request
from Richard M. Schmidt, Jr., attorney for John Wiley & Sons, Inc.
Both requests have been reviewed, and it has been determined that
documents which might exist, which would be responsive to those
requests, would be duly classi~ied'under the criteria set forth-
in Executive Order. 11..652. It has been further determined that the
existence or .nonexistence of such records, if any, would relate to
information pertaining to intelligence sources and methods, which
the Director of Central Intelligence has the responsibility to protect
from unauthorized disclosure in accordance with subsection 102(d)(3)
of the National Security Act of 1947, as implemented by section 6 of the
Central Intelligence Agency Act of 1949. Accordingly, such records,
if any, are denied pursuant to exemption (b) (3) of the Freedom of
Information. Act.
These determinations have been made by Mr. Charles A. Briggs, DDO
Informat.iic>rt ttevi.ew Officer. As specified in the Freedom of Information
Act, you, imrrvn the r:i.