ZAID, MARK; JOHN DEUTCH IG (IS) INVESTIGATIVE RPT; REVOCATION OF SECURITY CLEARANCES 8/99; CIA RESPONSES/COMMENTS AND/OR LEGISLATIVE TESTIMONY; PLANNED CRIMINAL PROSECUTION & PLEA AGREEMENT

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
0000500324
Release Decision: 
RIPPUB
Original Classification: 
U
Document Page Count: 
5
Document Creation Date: 
June 24, 2015
Document Release Date: 
July 21, 2011
Case Number: 
F-2010-00344
Publication Date: 
January 24, 2001
File: 
AttachmentSize
PDF icon DOC_0000500324.pdf242.45 KB
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JAN 24 '01 18 39 FR LOBEL~NOUINS&LAMONT TO 17036133007 P.02i05 ~- ~? ~~ r7 I ~- ~~ ~ ~~ b ~P ~~tneg ~8~1SO11 ~tOjelt 1275 ~ street, ~.~. ~uitE 770 ~~hin~ton, ~.QC. 20005 (202) ?85-3801 E-Mail: JaMadPro@aol.com (202) 371-6643 fax http:/Iwww jaznesmadisonpraject,org 24 January 2001 yZA FACSIlVttI:~ At~m~~Tf. Ms. Kathryn I. Dyer Information and Privacy Coordinator Central Intelligence Agency Washington, D.C. 20505 APPROVED FOR RELEASE^ DATE: 02-23-2010 Re: FoIA RenuPCt - John Dear Ms. Dyer: This is a request on behalf of the James Madison Project under the Freedom of Information Act, 5 U.S.C. ? 552, ? for copies of all records oa or pertaining to 1) the Inspector General investigative report into former DCI John Deutch's alleged mishandling of classified materials; 2) the revocation of Deutch's security clearances in August 1999; and 3) C1A responses, comments, critiques and/or legislative testimony and correspondence regarding the findings of the report; 4) the planned criminal prosecution and plea agreement of Mr. Deutch. Our original request, which was submitted by letter dated February 2, 2000, was denied based on FOIA Exemption (7xa). As you know, the investigation into Mr. Deutch has ended and he was pardoned by President Clinton prior to his execution of a plea agreement. ~titoe lnilllorebtr Q?btrn tg7rorarrce, altd rr,pcople la~o mean' M be t~ittr ohm ~obentorg, mr~t arm te.~ mitt tfie Ammer d~naloledge;~tbea: " (b)(3) (b)(6) ~snttl}~?adi~mt, 1B?2 JAN 24 '01 18 39 FR LOBEL,NOVINSgLAMONT TO 17036133007 P.03i05 ~lje ~'$ma~ i~ott ~roiect In addition to those record systems you detenniae maybe relevant to this request, you are specifically instructed to search the following systems during the initial processing stages of this request: the Directorate of Operations, the Directorate of Intelligence, the Directorate of Administration and the Directorate of Central Intelligence. The term `record" includes, but is not limited to, all e-mail communications to or from any individual within your office, memorandums, inter-agency communications, sound recordings, tape recordings, video or film recordings, photographs, notes, note-books, indexes, memoranda, jottings, message slips, letters, telexes, telegrams, facsimile transmissions, statements, policies, manuals or binders, books, handbooks, business records, personnel records, ledgers, notices, warnings, affidavits, declarations under penalty of perjury, unsworn statements, reports, diaries or calendars, regardless of whether they are hand-written, printed, typed, mechanically or electironically recorded or reproduced on any medium capable of conveying an image, such as paper, computer discs or diskettes. Should a document have originated with athird-party agency and require referral, please notify us of the referral and identify the agency in question. If you deny all or part of this request, please cite the specific exemptions you believe justifies your refusal to release the information or permit the review and notify us of your appeal procedures available under the law. In excising material, please "black out" rather than "white out" or "cut out". Additionally, we are hereby requesting a waiver of all fees. The James Madison Project is anon-profit organisation under the laws of the District of Columbia and has the ability to disseminate information on a wide scale. Stories concerning our activities have received prominent mention in many publications including, but not linuted to, The Washington Post, The Washington Times, St. Petersburg Tribune, San Diego Union Tribune, European Stars & Stripes, Christian Science Monitor, U S. News and World Report, Mother Jones and Salon Magazine. Our website, where much of the information received though our FOIA requests is or will be posted for all to review, can be accessed at http://www jmnesmadisonproject.org. Prior requests submitted by our organization have been granted a full waiver, for which we are grateful. Furthermore, there can be no question that the information sought would contribute to the public's understanding of government operations or activities and is in the public interest. The revelations surrounding the existence of the Inspector General's report, which were first reported by the New York Times, and the allegations involving former DCI John Deuteh's alleged mishandling of classified materials, have been the subject of national axtention. The Inspector General faulted current DCI Creorge Tenet and other ~rolm/tdge 1bt71 tnrrbrr gobrrn igrmra~rrr, and a ~eoplr 1v?o mtatt to be t?e!r ofnir fobernor8, mast arnt t?enrs'eXbra mii? tlle~olttrr drrroialydge gibes: " ~a m t a' ~a d r ao n.18, Z 2 JAN 24 '01 18 39 FR LOBEL+NOUIMSBLAMONT TO 17036133007 P.04i05 ~Gije Fames ~labf~on ~ruject senior CIA officials for waiting too long before notifying the Justice Department or congressiortai intelligence oversight committees of the case. The underlying allegations led to the unprecedented revocation of Mr. Deutch's security clearance and as appcarance by DCI Tenet before the Senate Intelligence Committee. The reported admission that Mr. Deutch would have pled guilty, as indicated in the enclosed article, marks the first time a former DCI would have ever been disciplined for such conduct. The matter continues to be the repeated subject of public discussion, both in print and on television and radio. Not only is this request regarding "actual or allegcd" government activity, but it pertains to actual negligence and misconduct committed by officials of the United States Government, to include thosc within the CIA. Please respond to this request within 24 working days as provided for by law. Failure to timely comply may result in the filing of a civil action against your agency in the United States District Court for the District of Columbia. Your cooperation in this matter would be appreciated. If you wish to discuss this request, please do not hesitate to contact me. Enclosure Mark ~ctor '~t~ra~y~e b~lor~ebrr gabtirt tgnotarut, enrb a Proplr ~a nttsri to 6t their otatt ~rrnars, must erm thermrelbra' tail/l t!r ~mlaer dr~rohr~bgp gib " ,~imrts~?alrlsaa, 1822 JAN 24 ' 01 18 40 FR i_OBEi_. NOU I NS~LAMONT Ex-CIA Head Planned Guilty Plea By MICHAEL J. SNIFFtaI .c ThI Associated Press TO 17036133007 P.05i05 WASHINGTON (AP) -Former C~ Director John M. Deutch agreed last Friday t0 plead gutty to a misdemeanor for mishandling govettunent secrets, but President Clinton parctor~ed him before the Justice Department could file the case against him, officials said Wednesday. Deutch was among 176 people granted some form of clemency by Clinton just hours before he left oirice on Satunyay. Clinton's pardon fior peutch said it was "those offenses descriHed in the Jan. 19, 2001 information." But Justice otfieistls said the department did not file a criminal iMormation in court against Deutch on that day -last Friday. An information is used to file charges almost exclusively in cases where defendants have reached a plea bargain with prosecutors and thus have waived their right to have a grand jury consider the charges and agr~tipd to have them filed directly with the court in a criminal information. Federal ofiicisris said lust Friday that Deutch was near a plea bargain with prosecutors in which he would plead guilty to a misdemeanor but not ba sentenced to any time in prison for keeping secrets on his unsecured home computers, which were linked to the lntemet. A federal law entvrcement official, requesting anonymity, said Wednesday that Deutch signed the agreement Friday but too late to file tt in Court that day. The next time it Could have been filed was Monday but in the meantime, Clinton issued the pardon Saturday. ,lustiCe olfieiela have declined to r~ease the information or any plea bargain documents and say there is no reason to file them in court now the Deutch has been pardoned far tfie offense. The timing illustrates the hasty nature of some of Ginton's last-minute pardons, lwt has little or no practical effect on Deutch because every if the charges had been filed and his pba taken earlier. ho would still have avoided incarceration and gotten a presidential pardon. A pardon releases a person tram the punishment of s crime. States have different criteria for restoring the individual rights of those granted Presidential pardons, Presidents have the power to pardon citizens ter alTenses before those citizens one charged with any offenses, as President Ford did in pardoning his predecessor, President Nixon, for any crimes he may have committed in the Watergate scandal. DeutCh's attorney, Terrence O'Donnell did not return calls seeking his comment. Deuteh, CIA director from May i 995 to December 1996, stored and processed hundreds of ides of highly classified material on unprotected home computer's that he and tamiy members also used to connect to the Internet, accon~ng to an internal CIA investfpation. The Defense Department's inspector general found similar conduct during Deutch's prior service at the Pentagon. Now a professor at the Massachusetts Institute of Technology, Deutch was stripped of his security clearar'rces by CIA director George Tenet in 1999. As a fomter deputy defense secretary, Deutch also had Pentagon clearances, but he vduntarily gave them up last year. Copyr/Qht 2t?01 The Associated Press. The inlE7rme6on contsirwd M dhe AP newe report may not be published, broadcast, rewt7lten 4r otherwise distribr~ witlauf the prior wNt(en suttwNty of The Associated Press. All ac64e hy~erllnks have been inserted byAOL JAN 24 '01 18 38 FR LOBEL~NOUINS8~LAMONT TO 17036133007 P.01i05 TELECOPIER TRANSMITTAL SHEET TO: Ms. Kathryn 1. Dyer Information anal Privacy Coordinator Central Intelligence Agency Washington, D.C. 20505 (703)613-1287 (703) 613-3007 fax FROM: Mark S. ~~ ~ Executive Director The James Madison Project 1275 K Street, N.W. Suite 770 'Washington, D.C. 20005 (202) 785-3801 (202) 371-6643 fax SUBJECT: FOIA Request -John Deutch DATE: January 24, 2001 NiJMBER OF PAGES TRANSMITTED (INC)rUDING COVER SHEET): S MESSAGF/CONTENTS: PLEASE SEE ATTACHED. CONFIDENTIALITY NOTICE This fax/telecopy is intended only for the u~ of the individual to which it is addressed and may contain information that is privileged or confidential. If you have received this communication in error, please notify us immediately by telephone.