◆ SpookStack

Mr. Steven Garfinkel September 1, 1983--Page 2 Until the passage of the l974 amendnents to the Freedom of Information Act, all FBl documents were classified--even those dating from the early years. of the FBI (whether l908 or the World War I period) or involving investigations shich had no internal security, counterintelligence bearing. FBI files for the 1908-1922 period were first turned over to the National Archives in.l977 and documents for the subsequent period are presently subject to a court order relating to a suit brought to enjoin the "ational Archives from implementing records plans to destroy all FBl field office files and provide for the destruction of specified FBI headquarters files. I emphasize this to explain the importance of the Freedom of Information Act for those historians interested in researching FBI documents of the #orld War II and Cold War periods. Under the FoIA, as if tnational security" classified or meeting other exemptive provisions of the the nature of intelligence officaa3s definition of "national security" and responsible commitment to openness. One of the FBI files I had requested under the FoIA was the Official and Confidential File maintained by former FBI Assistant Director Louis Nichols. The FBr began processing this request in early l98o, and between April and. 1980 release, the FBI advised me that the remaining one-half of the Nichols to me within "several months." ~everal months became years and the remaining documents were released in December l982. A comparison of the documents released. in 1982 with those released in l980 and as well~an assessment of the nature of the FBl's l982 exemptive elaims raises serious questi.ons about your Report's communitiys "national security" policy. Thus, whereas the name of INs reporter artha Kearney was not deleted in 198o, it was delted in 1982--despite the fact that in'1980-release the FBI documents record Kearney's briering the FBI on the attitudes of lew York Times reporter Anthony Leviero and the l982-release the FBI documents record Kearney's briefing the FBI on the attitudes of Assistant Attorney General James McInerney. In 1982, moreover, the FBI claimed tnational. security" when deleting the phrase "wiretapping" I*the table of contents of a brief filed in 1942 in federal court (and thus a public document in 1942). memorandums of l942 referring to the Bureau's 1942 electronic surveiliance of ridges in l942 and this electronic surveillance was common knowledge at the. time and subject to discussion in books by contemporaries such as the then all references to electronic surveillance policy and to the Burgau's Manual of Rules and Legulation, even though.this pertained in the Sgge/case,to operations and are 53-55 years old (the 1928-1930 period). I have cited these examples to support my skepticism about the general. positive,thrust of your 1982 ^eport. On the one hand, it is not surprising that information for declassification'since the Administration has decreased the National Archives' budget at a time, with the court order by Judge Greene'in the FBI papers case, when an increase would be required. I do not find it