2 through page 7, paragraph 2, exclusive of the footnote; page 8, paragraph 3 (exclusive of the footnote) through page 9, paragraph 2; page 10, paragraph 2 through page 11; page 12, paragraph 2; page 13, paragraphs 2 and 3; page 14, paragraph 3 through page 15, paragraph 2, exclusive of the footnote.
The names of government agents and identifying numbers are properly deleted.
Part II of this document contains specific information with regard to foreign groups and individuals that could well reveal intelligence sources and interests. However, Part II also contains information regarding a number of groups and individuals, many of whom are well-known and whose political sentiments have been public knowledge for some time. Wholesale exemption is not justified where there has been no attempt to justify the particular deletions. Since there has been no attempt to particularize or distinguish among groups or individuals, the exemption is abused and Part II shall be turned over in its entirety.
EXHIBIT H -- MAX SCHERR
Document 2 Plaintiff has established that the person mentioned on page 1 and the information about him or her has been released elsewhere. Absent an additional showing, it appears that nothing new would be disclosed by release of the information here, with the exception of the last sentence of paragraph 2, which may properly remain deleted as tending to identify an intelligence source.
Document 6 The temporary source symbol numbers on page 1 need not be released. The information in paragraph 1 is disclosed elsewhere and shall be disclosed here. Paragraphs 2 through 4 are properly deleted to protect a confidential source.
The deletions on page 2, paragraph 1 are also proper to protect a confidential source. However, the name and address contained herein shall be disclosed. The information in paragraphs 2 and 4 is well-known and its release would not disclose the source. Paragraphs 3 and 5 may remain deleted. Paragraphs 6 and 7 shall be disclosed, with the exception of the name of a third party therein, as it is information discussed elsewhere that would not identify the source. The information deleted from page 3, paragraphs 1, 2, 4 and 5, except the source in number 5, shall be disclosed, for the same reasons.
The deletion on page 4, paragraph 2 is proper. The identities of the T-number sources are properly protected.
Much of the information that the court ordered disclosed above is addressed in the declaration of Sherry Davis. She is concerned that disclosure of this information would disclose a particular source and characteristics thereof. However, a reading of the deleted information does not suggest to the court that the source or its characteristics would be implicated by release of the information. The information shall be disclosed.
EXHIBIT J -- CACTUS PROGRAM
Documents 2 and 3 Virtually all of each of these two documents was originally withheld by the CIA. On October 27, 1986, portions of the documents were disclosed, indicating that CACTUS was a cryptonym for use in teletype communications between the FBI and the CIA. The CIA still claimed, however, that further release would reveal a "CIA administrative methodology used to restrict the flow of sensitive information . . . still utilized at the present time. . . ." Dube Decl., October 28, 1986, para. 38.
On September 1, 1987, however, the CIA further revealed the subject matter that should be denoted "CACTUS," and that use of the cryptonym would facilitate prompt action on the communication. With that release, most of the information in the documents was revealed, and it became apparent that no "administrative methodology" was mentioned other than the use of the cryptonyms and teletypes, both of which were already apparent from the 1986 disclosure. This chain of events raises still more doubt about the care and good faith with which plaintiff's FOIA requests were processed.
The remaining deletions protect only examples of the types of teletypes that should be designated CACTUS, and names of government agents. These are properly deleted, since they would either disclose particular matters of intelligence interest to the CIA or invade the privacy of third persons mentioned who are not well-known or who are tangential to plaintiff's inquiry, or both. [Exemptions (b)(1), (b)(3) and (b)(6)].