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Memorandum E. J. O'Malley to Mr. F. M, Mullen FUCTIPCRV ab Re: BILLY CARTER - Judge’ Renfrew on the evening of 7/28/80, that he had suggested that Judge Renfrew obtain Director Webster's concurrence on the release of the material but that he did not know whether such a release had in fact been obtained but that he took the responsi- bility for the release of the information. DAD Nolan advised Mr. Heymann that absent any approval by Director Webster it was not acceptable to the FBI for the DOJ to release FBI information in this case or in any other case. Mr. Heymann stated that he believed that in a closed case the DOJ could release such information. He was informed that this was not the case and both Messrs. Keeney and White concurred that it was not the case. Mr. Heymann apparently believes that the exigencies of this case justified his action. Mr. Heymann further stated that he did not wish to leave it up to the Senate to orchestrate the release of information with regard to the Billy Carter case but rather believed that based on the press statement by the President that he wished all information to be brought forward in this case as quickly as possible and that the DOJ should also release publicly the Billy Carter file at the same time we were providing it to the Senate Subcommittee since there are a number of pending FOIA requests in the DOJ with regard to the Billy Carter case. It was Mr. Heymann's opinion that the DOJ could justify this public release of a case file as being pursuant to the FOIA requests. Mr. Parker argued for establishing with the Committee orderly procedures for handling the information provided to them prior to making public release. He also questioned the wisdom of establishing a precedent in this case of the opening of DOJ files simply because there was a strong public interest and a pending Congressional inquiry. FBI representatives supported Mr. Parker's position. It was agreed, however, that the FBI would process the Carter file for FOIA release at the same time we were processing it pursuant to the Senate request and that the FOIA processing sho be coordinated between the FBI's FOIA experts and Fred Hess of the DOJ so that uniform standards would be applied and a single DOJ release would be made which would include FBI information. Mr. He advised that he would recommend to Judge Renfrew that he discuss with the Director the advantages of making public as much information on this case as would be possible and at the earliest date possible. He also agreed that no additional FBI information would be released without FBI review. Mr. Parker advis ed that he was meeting with representatives of the Subcommittee on the morning of 7/31/80 and that no DOJ response should be sent to the Committee's letters until after he could advise us of the results of the meeting. erm qetes ter et center