|
Cryptome DVDs are offered by Cryptome. Donate $25 for two DVDs of the Cryptome 12-years collection of 46,000 files from June 1996 to June 2008 (~6.7 GB). Click Paypal or mail check/MO made out to John Young, 251 West 89th Street, New York, NY 10024. The collection includes all files of cryptome.org, jya.com, cartome.org, eyeball-series.org and iraq-kill-maim.org, and 23,000 (updated) pages of counter-intelligence dossiers declassified by the US Army Information and Security Command, dating from 1945 to 1985.The DVDs will be sent anywhere worldwide without extra cost. |
26 May 1998: Link to list of NSA court cases
22 May 1998
Source: Hardcopy from William H. Payne
See related documents: http://jya.com/whpfiles.htm
|
U.S. Department of Justice | |
United States Attorney District of New Mexico |
||
_________________________________________________________________ | ||
Post Office Box 607 | 505-766-3341 |
|
Albuquerque, New Mexico 87105 | FTS 8-505-766-3342 |
|
May 20, 1998 |
Santiago E. Campos Senior United States District Judge P.O. Box 2244 U.S. Courthouse South Federal Place Santa Fe, NM 87504-2244 Re: William H. Payne v. National Security Agency Civ. No. 97-0266 SC/DJS Dear Judge Campos, I reference your Memorandum Opinion and Order dated April 30, 1998, in which you requested that the Defendant provide an in camera ex parte declaration or detailed affidavit concerning its "Glomar response" to Mr. Payne's FOIA request. Because of the nature of the classified material, the in camera review may be different from prior reviews of classified documents made by this Court. I would like to briefly acquaint the Court with the procedure for review of the declaration which is necessitated by the nature of the classified information which will be contained in the declaration. Because the declaration will be classified, counsel for the National Security Agency, who holds a security clearance for this information, will travel to Santa Fe to present the declaration to the Court, in camera and ex parte. I respectfully request that the Court issue an order setting a date and time at your convenience for the review of the declaration. It is my understanding from my discussions with Susan A. Arnold, Assistant General Counsel from the Office of General Counsel, National Security Agency (NSA), Fort Meade, Maryland, that because of the classified nature of the document, you will be the only person authorized access to the declaration unless another individual on your staff possesses a security clearance commensurate with the highest level of classification of the material of the declaration. NSA anticipates that the classification level will be TOP SECRET (TS), Sensitive Compartmented Information (SCI), CODEWORD. This necessarily means, as the Court pointed out at footnote 20 of the memorandum, that Plaintiff in this case may not be present and may not have access to the declaration. Because I do not possess this level clearance, I will not have access to the declaration either, nor will I be present during the Court's review of the declaration.
Santiago E. Campos May 20, 1998 Page 2 In accordance with security requirements, classified SCI may only be stored in a SCI Facility (SCIF). Because the court in Santa Fe does not have a SCIF, the declaration may not be stored at the Santa Fe Courthouse. Pursuant to security requirements, it is the duty of Agency counsel to remain with the classified material at all times until it can be properly returned and secured in a SCIF. Therefore, Agency counsel must remain with the document while it is being reviewed. NSA has presented similarly classified declarations to a number of United States District Court judges. It is my understanding that it is the Agency's experience that Agency counsel typically appear personally in chambers before the Judge. In those previous instances, the Judge has read the declaration and asked questions of Agency counsel. After the review is completed the Agency counsel delivers the declaration back to NSA for storage or delivers it to a certified SCIF. In most cases the declaration is returned to NSA with the clear understanding that it will be returned to the Court for further review any time the Court so orders. It has been NSA's experience that court reporters have not been used in these cases, and of course, they, like other Court personnel, could not be present unless they possess the level of clearance required. If you or your staff have any questions, please do not hesitate to contact me. Sincerely, JOHN J. KELLY United States Attorney [Signature] JAN ELIZABETH MITCHELL Assistant U.S. Attorney cc: William H. Payne
[End]
Transcription and HTML by JYA/Urban Deadline