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118565664
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Iran/Arms Transaction: North/Poindexter Classified Discovery Request (9)
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118565664
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Iran/Arms Transaction: North/Poindexter Classified Discovery Request (9)
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Records of the Office of Counsel to the President (Reagan Administration)
Arthur Culvahouse's Office Files
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118565664
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1988-12-31
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1988
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1987-01-01
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1987
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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Culvahouse, Arthur B.: Files
Folder Title: Iran/Arms Transaction:
North/Poindexter Classified Discovery Request (9)
Box: CFOA 1131
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
WITHDRAWAL SHEET
Ronald Reagan Library
Collection Name CULVAHOUSE, ARTHUR B .:FILES
Withdrawer
DLB
5/14/2014
File Folder
IRAN/ARMS TRANSACTION: NORTH/POINDEXTER
FOIA
CLASSIFIED DISCOVERY REQUEST (9 OF 13)
S643
Box Number
CFOA 1131
SYSTEMATIC
143
ID
Doc Type
Document Description
No of Doc Date Restrictions
Pages
164970
CHART
RE: STATUS OF DISCOVERY
2
ND
B1
The above documents were not referred for declassification review at time of processing
Freedom of Information Act [5 U.S.C. 552(b)]
B-1 National security classified information [(b)(1) of the FOIA]
B-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA]
B-3 Release would violate a Federal statute [(b)(3) of the FOIA]
B-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA]
B-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA]
B-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA]
B-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA]
B-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of gift.
THE WHITE HOUSE
+
WASHINGTON
Date:
8/05/88
TO:
MANCY
FROM:
C. DEAN McGRATH
Associate Counsel
to the President
ACTION
For your information
For your review & comment
As we discussed
For your files
Please see me
Return to me after your review
COMMENTS:
PRESS GUIDANCE RE: JUDGE GESELL'S ORDER VACATING TRIAL DATE
The Administration has cooperated fully with Independent
Counsel Walsh's investigation. We have provided him with
thousands of documents aggregating hundreds of thousands of
pages, much of which originally was highly classified. The
Administration has worked with the Independent Counsel since
the indictment was returned on March 16 to declassify the
information which he expects to introduce at trial as part
of his prosecution case. We have been told that the
information that has been declassified is sufficient to
allow the Independent Counsel to prosecute his case.
On July 8, Judge Gesell ordered the Government to provide 20
items of highly sensitive classified information to
defendant Oliver North by August 1. Two weeks ago the
Independent Counsel informed the Court that it would take
several months to locate and produce all documents
responsive to some of those items. The affected agencies
and departments have been working diligently to provide the
discovery ordered by the Court. The Independent Counsel has
commended the members of the interagency group for their
tireless efforts.
On August 1 the agencies and departments provided as much
information as reasonably could be located by that date.
Today Judge Gesell vacated the September 20 trial date,
ordered that discovery be completed by October 10, and set
October 20 for a hearing on the classified information
problems presented by the case. No new trial date has been
set. The relevant departments and agencies will do all that
they can to meet the new discovery deadline set by the
Court. They also will work with the Independent Counsel to
arrive at solutions -- consistent with national security
considerations -- to the questions presented by the use of
classified information at trial.
THE WHITE HOUSE
4
WASHINGTON
Date:
8/9/88
FOR: ABC
FROM:
WILLIAM J. LANDERS
Associate Counsel to the President
In an effort to expedite
discovery Judge Yessell allowd
The IC to "dump" a number of
documents in The defense SCIF
without full review by The
interagency group. Not all of These
documents are classified, but
They are being treated That way
until it is determined That
They in fact are not classeled
north contends he hasn't gotten
answers when he asks y a der-
unert is classified. The
IC says he ham't asked and
That if he had, he could
have had the services of
The In thrasency group during
July.
In large measure lague
with Yessel's characterization.
In fact, when I heard about
This bit of shiping lasked
Chus Mexter when we were
all going to be allowed to
get out of The sand box.
THE WHITE HOUSE
WASHINGTON
Date: 9 Aug.
TO:
Bill Landers
FROM: ARTHUR B. CULVAHOUSE, JR.
Counsel to the President
FYI:
COMMENT: what is this all
about ? (m page 2)
ACTION:
813
\
AB
&4 His hamil 1, it come otherwes to your Tz Phil
IN THE UNITED STATES DISTRICT COURT
ECEIVE
FOR THE DISTRICT OF COLUMBIA
INDEPE
R
AUG - 2 1988
UNITED STATES OF AMERICA
)
)
v.
)
Criminal No. 88-0080-02
)
OLIVER L. NORTH
)
ORDER
Recent motions and the submissions filed on August 1, 1988
affect the CIPA § 5 in camera hearing scheduled to begin August
8, 1988 and accordingly, in an effort to focus that hearing, the
Court advises counsel as follows.
The Court will confine the August 8, 1988 hearing to the
redactions indicated as relating to counts other than 1-3 in the
Memorandum of the Government Submitting Exhibit List Pursuant to
Subparagraph (8) of July 8, 1988 Order, and only those items
which defendant North contends are relevant and material to
counts other than counts 1-3, inclusive, that are listed in
Attachment A to Second Notice of Defendant Oliver L. North
Pursuant to Section 5 of the Classified Information Procedures
Act.
To accomplish the foregoing, it is necessary that the
parties have the actual documents in controversy available for
the Court at the hearing. The absence of a coherent and mutually
accepted numbering system identifying the documents makes it
impossible for the Court's Security Officer to identify and
extract these papers from the SCIF. Independent Counsel shall
007746
provide at the hearing copies of every document mentioned in its
Memorandum noted above and defendant North shall provide the
documents representing items listed in Attachment A which relate
to the counts specified.
The Court expects that at the hearing counsel for North will
particularize in detail his basis for contending that the
redacted classified information is relevant and material to the
defense and establish the relevance and materiality of the
additional classified documents he wishes to use at trial. The
Court also expects that Independent Counsel will be prepared to
make a commitment concerning procedures for disclosing to the
jury classified information presented publicly in summarized or
camouflaged form.
Again, the Court seeks a degree of mutual cooperation. For
instance, the Court has noted that defendant North contends he
has not been advised in all instances whether or not a document
he desires is classified. Surely counsel can resolve this
simple question before August 8, 1988.
so ORDERED.
A Ever
UNITED STATES DISTRICT JUDGE
August 2, 1988.
2
7.
G
f
OFFICE OF INDEPENDENT COUNSEL
SUITE 701 WEST
555 THIRTEENTH STREET, N.W.
WASHINGTON, D.C. 20004
(202) 383-8940
August 10, 1988
MEMORANDUM CONCERNING DOCUMENT PRODUCTION
PURSUANT TO JULY 8, 1988 ORDER
This memorandum provides guidance to the affected
agencies concerning the meaning of the term "senior government
officials" for purposes of the production of documents under
subparagraph (2) on page 6 of the Court's July 8, 1988 Further
Memorandum and Order re CIPA and Trial Schedule.
To ensure that the agencies' search for documents
responsive to the Court's Order does not miss any potentially
responsive documents, "senior government officials" should be
construed to include all officials who were, at the relevant
time, members of the National Security Council, Cabinet
officers, heads of relevant agencies, and other responsible
officials down to the level of Assistant Secretary. The
following are illustrations of officials who would be included
under this definition of "senior government officials" within
the affected departments and agencies:
White House/National Security Council
President
Vice-President
President's Chief of Staff
Assistant to the President for National
Security Affairs
Deputy Assistant to the President for National
Security Affairs (including Mr. Fortier for
the entire relevant period, irrespective of his
title at any given time)
Department of State
Secretary
Deputy Secretary
Undersecretaries
Assistant Secretaries
Department of Defense
Secretary
Deputy Secretary
Under Secretary
Assistant Secretaries
Secretaries of the Army, Navy and Air Force
Joint Chiefs of Staff
Central Intelligence Agency
Director of Central Intelligence/CIA
Deputy Director of Central Intelligence/CIA
Director of Intelligence
Director of Operations
National Security Agency
Director
Deputy Director
As an added precaution, within CIA you should include the
Chiefs of the Latin American Division and the Central American
Task Force.
-2-
GENERAL COUNSEL MEETING RE: DISCOVERY
AUGUST 11, 1988
AGENDA
I.
Current Status of Compliance with July 8 Order (20 items,
PDB and CAJIT) (See Tab A)
A. PDB and CAJIT completed
B. Four items (Nos. 1, 14, 17 and 19) completed;
one item (No. 15) unknown
C. Remaining 15 items can be completed by October 10 with
the following exceptions:
- all 15 items for NSC
- item 2 (CIA and DOD)
- items 3 and 4 (CIA and DOD)
- items 7 and 10-13 (DOD)
- items 8 and 9 (DOD)
II. Further Compliance with July 8 Order
A. Overlap with categories of information that cannot be
publicly disclosed (Item Nos. 2; 3 and 4; 7 and 10-13;
8 and 9; 16)
- Note: July 8 order does not require disclosure of
operational details of any program, except to extent
such information is in documents concerning funding,
senior knowledge, North's involvement or use of the
Erria.
B. Withhold some documents from defense, but provide them
to the court under Section 4 of CIPA.
- establish uniform criteria for withholding from
defense
C. Obtain OIC guidance/assistance
- define "senior government official" for each agency
- provide additional resources (e.g., agents to review
files)
D. Impact on Interagency Review
- current review of documents for Poindexter, Hakim,
Secord discovery
- current review North's office material
- Query: need to review addiitonal discovery material
in North case.
III. Briefing of Court on Information that Cannot be Publicly
Disclosed
.
WITHDRAWAL SHEET
Ronald Reagan Library
Collection Name
Withdrawer
CULVAHOUSE, ARTHUR B.:FILES
DLB 5/14/2014
File Folder
FOIA
IRAN/ARMS TRANSACTION: NORTH/POINDEXTER
S643
CLASSIFIED DISCOVERY REQUEST (9 OF 13)
SYSTEMATIC
Box Number
CFOA 1131
143
ID
Document Type
No of Doc Date
Restric-
Document Description
pages
tions
164970 CHART
2
ND
B1
RE: STATUS OF DISCOVERY
The above documents were not referred for declassification review at time of processing
Freedom of Information Act - [5 U.S.C. 552(b)]
B-1 National security classified information [(b)(1) of the FOIA]
B-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA]
B-3 Release would violate a Federal statute [(b)(3) of the FOIA]
B-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA]
B-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA]
B-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA]
B-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA]
B-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of gift.
TALKING POINTS
General Counsel Meeting -- August 11, 1988
Gesell order last Friday was welcome news in sense it
created opportunity for better environment to address
national security issues and more time to produce
documents.
--
Real tribute to Bill Landers, Russ Bruemmer and others
who worked long hours to prepare Walsh filing of early
last week.
--
Problem remains:
Still have to produce by Oct. 10 the 20 items in July 8
discovery order as perhaps modified by Judge in July 27
motions hearing.
(1) Problem of insufficient time and resources to meet
schedule.
(2) Problem of sensitivity of documents, including a
portion that the Intelligence Community would not agree
be publicly disclosed and would not provide to the
defense.
(3) Secret filing -- when give to Walsh; when file with
court.
--
We, at the White House, have thought about issues,
consult with Chief of Staff and others:
(A) Try to comply with Oct. 10 discovery order in its
entirety, devote whatever resources required. If cannot
meet 100% compliance much better forum, environment and
Judge Walsh support to seek relief if 95% already done
respects as early last spung.
after superhuman ffunt. Same posture on many
(B) File all documents produced either with defense or
with court under CIPA. Withhold nothing. Clear from
Congressional briefings that withholding altogether is
not satisfactory.
(C) Get Secrets filing ready and give to Walsh. Do not
press to provide to court at this time. Court on notice
that some information cannot be publicly disclosed.
AR
THE WHITE HOUSE
WASHINGTON
August 25, 1988
MEMORANDUM FOR ELIZABETH KEEFER
THOMAS BENJAMIN
MAURICE WHITE
JAMES ALSUP
DAN LEVIN
FROM:
WILLIAM J. LANDERS
us
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
Document Production
The Office of Independent Counsel has requested that one copy of
any documents that have been located to date that are responsive
to the July 8 Order be delivered to that office by August 31 for
delivery to the defense SCIF. Please be sure to send these
copies to the OIC to the attention of Chris Mixter. In addition,
if the delivery of the documents constitutes full compliance with
any item set forth in the Order -- either because all documents
have been produced or because there are no responsive documents
-- please inform the OIC of that fact in a transmittal letter.
I will be on vacation until September 7, 1988. I have informed
Chris Mixter that he should bring any questions or problems
directly to your attention. However, please be sure to
coordinate and clear any responses amongst yourselves.