Letter to Stansfield Turner from Edward P. Boland Regarding Halkin v. Helms Discovery

[TCT UNeLASSO” [] Senrpenma "|"Tsecrer| | Approved For Release 2004/07/08 : CIA-RDP81M00980R001200030038-5 > EXECUTIVE SECRETARIAT Routing Slip TO: “ACTION| _ INF Remarks: ; 25X11 3437 (5-77) Dote Approved For Release 2004/07/08 : CIA-RDP81M00980R001200030038-5  4 Room H-495, U.S. CaPiToL -SDWARTe!. BOLAND, MASS., CHAIRMAN (202) 225-4121 cLemenr gs.zAnoces, wisApproved For Release 2004/07/08 : CIA-RDP81M00980R001200030038-5 BILL D. BURLISION, MO. U.S. HOUSE OF REPRESENTATIVES MORGAN F. MURPHY, ILL. CHARLES ROSE, N.C. ROMANO L. MAZZOLI, KY. noeen Mie Babe PERMANENT SELECT COMMITTEE peeceeas ON INTELLIGENCE BOB WILSON, CALIF. D.C. 20515 JOHN M. ASHEROOK, OHIO WASHINGTON, ROBERT MCCLORY, ILL. J. KENNETH ROBINSON, VA. October 20, 1978 THOMAS K. LATIMER, STAFF DIRECTOR MICHAEL J. O'NEIL, CHIEF COUNSEL Honorable Stansfield Turner Director of Central Intelligence Washington, D.C. 20505 Dear Admiral Turner: Acting Deputy This is in response to the letter of civil suit (Halkin Director John F. Blake relative to a Des) wherein v. Helms, Civil Action No. 75-1773 i kebeCap s originating discovery is requested of certain material Committee's predecessor, the House Select from this Congress. Under the Committee on Intelligence of the 94th provisions of Sec. 4 of H.Res. 658 of the 95th Congress, control of this these materials are in the custody and Committee. all the This Committee is presently reviewing inher ited from its pred ecessor materials which it has Any decision to discl ose or relea se these Committee. n mater ials or infor matio materials -- which include Intel ligence, r Selec t Commi ttee on originating with the forme in response to its material prepared for the Committee mater ial resul ting from specific express interests and any and officials --~ questions put to intelligence agencies this Commi ttee. The Committee must first be proposed by that no discl osure or release wishes it clearly understood or information may be of any of the above described material ation of this made without the express written authoriz Committee. of any information A further requirement for disclosure ed -- as is the material or material which is classifi in the provisions of Clause 7, in question -- is found of the Rules of the House of Representatives, of Rule XLVIII, which provides that the House shall determine the final disposition of such questions. While Rule XLVIII does not control in this situation, as Mr. Blake's letter indicates, the general principle that the House should Approved For Release 2004/07/08 : CIA-RDP81M00980R001200030038-5  Approved For Release 2004/07/08 : CIA-RDP81M00980R001200030038-5 decide policy issues which affect more than just one of its committees is fully apposite. Accordingly, this Committee could not consent to the publication through the mechanism of a civil discovery motion of materials or information taken in executive session without first submitting this issue to the House for resolution of the broader policy issue which is involved. In any case, such a submission is not required. After examination, this Committee has concluded that publi- cation of the materials in question (transcripts of hearings held on August 4 and 6, 1975) is not appropriate. The House of Representatives voted 246 to 124 on January 29, 1976, not to publish the final report submitted to the House by the Select Committee on Intelligence. In light of that expression, this Committee feels constrained not to publish the materials which formed the basis for that Committee's conclusions. Rather, this Committee will continue its examination and review of intelligence and intelligence-related activities in light of the materials collected by its investigations and the former Select Committee. When it deems appropriate, this Committee will publish such materials as it feels will further the understanding of the intelligence and intelligence-related activities which it oversecs. With every good wish, I am \-<cSaEarely r9 94 NO Approved For Release 2004/07/08 : CIA-RDP81M00980R001200030038-5