RESPONSE TO SENATOR JAMES ABOUREZK ON THE USS LIBERTY INCIDENT

Created: 2/10/1978

OCR scan of the original document, errors are possible

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MEMORANDUM FOR: Director of Central Intelligence

Deputy Director of Central Intelligence

SUBJECT:

Legislative Counsel

Response to Senator Jamas Abourezk on the USS Liberty Incident (S)

Action Requested: Your approval and signature on the attached response to .Senator James Abourezk.

I iHackground: Senator Abourezk has twice written to you requesting information and views on7 Israeli attack on the USS Liberty and on the CIA handling of an FOIA request made by Mr. Carl Marcy on behalf of the American Palestine Committee. You will recall that the American Palestine Committee, using CIA reports obtained through KOIA, charged tho Israelis with deliberately attacking the Liberty. This was done last summer at the timeisit by Moishe Dayan to the United States. You subsequently denied publicly that the attack was deliberate. Ever since Mr. Marcy and Senator Abourezk have been seeking further clarification of what they perceive to be inconsistent Agency actions, namely the documents released to the American Palestine Committee which appeared to charge the Israeliseliberate attack, and the publicized Agency conclusion to the contrary. Onenator Abourezk wrote to you on this matter. You replied by letter dated

U The Senator wrote again onhese are all attached.

CI

3.Abourezk haa also been in touch with the Agency

eparate but related matter. He Is Chairman of the Senate Judiciary Subcommittee on Administrative Practice and Procedure. His Subcommittee is responsible for oversight of the Freedom of Information Act, and he has investigated charges that the Agency has misused its filing systems to hide information from FOIA requestors and Congressional investigators. He appears to believe there is substance to ouch charges.

n responding to the current Senator Abourezk letter an examination of NFAC files has Identified ten reports predating7 and two reports dated after7 which were not surfaced during the Initial FOIA search but wore locatedesultpecial search for the Senator. Most of the ten documents are Middle East situation reports which mention the Liberty Incident among other matters. The twoune finds are both summaries of earlier information and were prepared for Congressional briefings. None of these documents change the estimate that the Liberty Incidentistake. What they point up is our difficulty in responding to FOIA requests and even to Congressional investigations because of our historical system of compartmonted files with unlimited categorization. There is really no way of conducting an exhaustive file search on any subject unless every employee is asked to search his or her files, andearch would not cover files already in archives. There is no central index, mere is no central cross reference. easonable search, as required under FOIA, probablyood chance of missing some pertinent document on any given subject.

Finally, there is another Issue concerning the one report identified to the FOIA requestor early-on but withheld under the exemptions to FOIA. The Senator has asked to see this paperersonal basis. Itensitive intelligence analysis which CIA made based on DoD source information. It supports the conclusion that the attackistake but raises questions as to the culpability of certain Israeli military commanders. The Defense Department objected to the release of this document in the original FOIA action.

5. |Staff Positions: We believe we should inform the Senator oi all oi the recent papers found. This goes slightly beyond his specific questions and risks his attacking our FOIA system but it is totally forthright and in line with your policy of being as cooperative as possible.

With respect to the sensitive analytical paper which Senator Abourezk has asked to see, we believe that this paper.

minus its direct identification of the DoD references should be

made available to the Senate Select Committee on Intelligence (SSCI)

alongetter from you indicating that the Senator has asked

to see it, and that you have no objection if the SSCI makes it available

under the ground rules contained in S.W should tell the

Senator of the action wo are taking with regard to the SSCI. -

a ti ons: It is recommendod that the Tetter be sent to the Senator. This letter

all twelve of the recently discovered papers on the Liberty nnd informs him of the action we are taking with the SSCI on the one sensitive analytical document.

Attachments:

correspondence

to Senator James Abourezk

APPROVED:

Director of Central Intelligence

DISAPPROVED:

Director of Central lntelliger.ee

DATE:

Original document.

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