JUSTICE DEPARTMENT HANDLING OF CASES INVOLVING CLASSIFIED DATA AND CLAIMS OF NATIONAL SECURITY - SECOND REPORT BY THE COMMITTEE ON GOVERNMENT OPERATIONS TOGETHER WITH ADDITIONAL VIEWS, 96TH CONGRESS, 1ST SESSION, 1978

• NCJ Number: 59963
• Author(s): ANON
• Date Published: 1979
• Length: 32 pages
• Corporate Author: US Congress
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

THIS REPORT OF THE HOUSE COMMITTEE ON GOVERNMENT OPERATIONS CONSIDERS THE DEPARTMENT OF JUSTICE'S HANDLING OF AND ACCESS TO CLASSIFIED DATA AND NATIONAL SECURITY INFORMATION.

Abstract

EQUAL ENFORCEMENT OF CRIMINAL STATUTES IS SOMETIMES THWARTED BY CLAIMS OF NATIONAL SECURITY. THE QUESTION IS WHEN THE GOVERNMENT'S INTEREST IN PROTECTING NATIONAL SECURITY DATA FROM NEEDLESS EXPOSURE OUTWEIGHS ITS INTEREST IN THE PROSECUTION OF CRIMES, PARTICULARLY CRIMES COMMITTED BY GOVERNMENT EMPLOYEES ENGAGED IN INTELLIGENCE WORK. THIS QUESTION BECAME MORE COMPLEX AS THE RESULT OF AN UNDERSTANDING REACHED IN 1955 BETWEEN THE DEPARTMENT OF JUSTICE AND THE CENTRAL INTELLIGENCE AGENCY (CIA) TO THE EFFECT THAT THE CIA BELIEVES IT IS EXEMPTED FROM IMFORMING FEDERAL PROSECUTORS ABOUT CRIMINAL ACTIVITIES OF CIA PERSONNEL. LEGISLATION PASSED BY CONGRESS IN 1954, PRIOR TO THE UNDERSTANDING, REQUIRES AGENCY OFFICIALS (WITH CERTAIN EXCEPTIONS) TO REPORT TO THE ATTORNEY GENERAL CRIMINAL VIOLATIONS INVOLVING GOVERNMENT EMPLOYEES. DESPITE THIS LEGISLATION, THE CIA JUSTIFIED USE OF THE AGREEMENT OF UNDERSTANDING BASED ON ITS STATUTORY RESPONSIBILITY TO PROTECT INTELLIGENCE SOURCES AND METHODS. THE DEPARTMENT OF JUSTICE ABROGATED THE 1955 AGREEMENT AND THE DEPARTMENT AND THE CIA BEGAN TO WORK OUT ANOTHER AGREEMENT IN 1975 FOR IMPLEMENTING PROVISIONS OF THE 1954 LEGISLATION. IF THE DEPARTMENT OF JUSTICE IS TO PROSECUTE SUCCESSFULLY OR MAKE AN INFORMED DECISION NOT TO PROSECUTE CASES INVOLVING NATIONAL SECURITY PERSONNEL OR INFORMATION, IT MUST HAVE REASONABLE ACCESS TO INFORMATION IN THE POSSESSION OF INTELLIGENCE AGENCIES CONCERNING THOSE CASES. FACTORS TO BALANCE A DECISION NATIONAL SECURITY INCLUDE NATURE OF RISKS, NATURE OF BENEFITS, CHANCES OF SUCCESS IN INVESTIGATIONS OF COURT CASES, EXTENT OF INFORMAL DISCLOSURE, AND EXTENT OF DISCLOSURE OF COURT PROCEEDINGS. PROCEDURES FOR MINIMIZING THE DISCLOSURE OF INFORMATION ARE EXAMINED IN RELATION TO DEFENDANT'S RIGHTS, JUDICIAL DETERMINATIONS, AND PROTECTIVE ORDERS. RECOMMENDATIONS TO FACILITATE CONSENSUS ABOUT NATIONAL SECURITY BETWEEN THE DEPARTMENT OF JUSTICE AND THE CIA ARE OFFERED. INFORMATION ON THE DEPARTMENT OF JUSTICE DECISION IN 1977 ABOUT THE PROSECUTION OF CIA MAIL OPENING IS APPENDED AND CASE LAW, INCLUDING THE KRAMKHRUAN AND HELMS CASES ILLUSTRATING THE RANGE OF ACCESS TO INFORMATION THAT THE CIA HAS OFFERED TO THE DEPARTMENT OF JUSTICE, IS CITED. (DEP)