(UNTITLED) TO LEE FROM SPORKIN DISCUSSING RE: JOHN CARY SIMS CARY SIMS (C.A. NO. 82-1961)

• Document Type: SPECIALCOLLECTION
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): 00027651
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 6
• Document Creation Date: September 25, 2024
• Document Release Date: April 22, 1985
• Publication Date: July 13, 1983

41.
Genets! Cowls&
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CENTRAL INTELLIGENCE AGENCY
ovaSKING/0041. D.C. 0SOS
Honorable Rex C. Lee
Solicitor General of the
United States
U.S. Department of Justice
Washington, DC 20530
Dear Mr. Lee:
13 July 983
�
Be: John Car;., Sims, et al. v. CIA
C.A. No. U2-19-61 (D.C. Cr. June 10, 1983)
On 10 June 1983, the Court of Appeals, with Circuit Judge
Bork dissenting in part, entered an opinibn adverse to the
Central Intelligence Agency (CIA). As you are aware, Circuit
Judge Edwards, speaking for the Court, held that the CIA had not
properly sustained its claims that certain individual researchers
involved in the MKOLTRA project were �intelligence sources � for
purposes of 50 U.S.C. 5403(d)(3) and, thus, for exemption (1.�)(3)
of the Freedom of Information Act FOlA
ISSUES PRESENTED
1.
.2 .
DI SCUSS ION
�
Under -Sims-II, most CIA case officers Will feel
personally obligated and duty-bound to warn their agents that the
CIA cannot guarantee .the anonymity essential to that
relationship.
7
Sincerely,
Stanley porkin .
General Counsel
St
Penny Bevis
Center for National Security Studies
122 Maryland Avenue, ME
WashIngton, DC 20002
Dear Ms. Bevis,
This is a final response to your 2 August 1983 freedom of
Information Act (POIA) request (your C-141) for copies of CIA
records documenting the comments of Agency case officers
concerning the Sims test, The processing of your request included '
a search for records up through the date of our 17 Auguiq 1963
acceptance letter.
We have completed a thorough search for records responsive to
your request and located two documents listed below which we have
determined may be released to you in segregeble form pursuant to
POI& exemptions (b)(3) end (b)(5). In reference to exemption
(b)(5), the Agency is asserting the attorney-work product,
attorney-client and deliberative process privileges as embodied in
that exemption. Copies of these documents and an explanation of
oxempticns are enclosed.
Documents
I. Undated notes.
2. Komorandum, 13 July 1e83.
. The official responsible for these determinations is
Mr. J. Edwin �late', Deputy General Counsel of the Central
Intelligence Agency.
You have the right to appeal the stove decisions by addressing
your appeal to the CIA Information Review Committee, In my carell.
Should you decide to do this, please explain the basis of your
� r 1
appeal ,
All fees for your particular request have been waived, ,
W iliologiso for the length of time it has taken us to complete
the processing of your request, but we have been Inundated by a -'
large number of requests over the past several years. Under the'--
�
,
circumstances, we have done our best to be fair to all of our
requesters. Thus, we established some years ago the policy of
first-received, first-answered. Thank you for your patience and
consideration while we were processing your request.
Sincerely,
�
0,11 II. telio'111.
John H. Wright
Information and Privacy Coordinator
Enclosure
IPD/FPO/ksk/17 Apr 85
Distribution:
Orig Adse wienc1
1 - Chrono
61)--F83-0735 GIP (b)(3) (b)(5) Denier: J. Edwin Dietel, OGC;
fees waived