CIA denies FOIA appeal for Gaitán files
Exerpts from "Under Secretary Pickering on his Recent Trip to Colombia"
Exerpt from "U.S. Drug Policy Director McCafffey Speaks on Colombia"
Tlahui-Politic 10 II/2000. Información enviada a Mario Rojas, Director de Tlahui. USA, a 18 de Diciembre, 2000. CIA denies FOIA appeal for Gaitán files.
Central Intelligence Agency
Washington, D.C. 20505
DEC 14 2000 Reference: F-2000-01932
Dear Mr. Wolf:
This is in response to your letter dated 23 October 2000 in which
you appealed our 22 September 2000 response to your 9 September 2000
Freedom of Information Act request for records pertaining to:
Jorge Eliécer Gaitán, who was born in Bogota, Colombia, died in 1948,
and was a Colombian presidential candidate.
Specifically, you appealed our determination that we can neither
confirm nor deny the existence or nonexistence of records responsive
to your request on the basis of Freedom of Information Act exemptions
(b)(1) and (b)(3).
Your appeal has been presented to the appropriate member of the Agency
Release Panel, the Information Review Officer for the Directorate of
Intelligence. Pursuant to the authority delegated under paragraph
1900.43 of Chapter XIX, Title 32 of the Code of Federal Regulations
(C.F.R.), the Information Review Officer has determined that we must
neither confirm nor deny the existence or nonexistence of any records.
It has been determined that such information -- that is, whether or
not any responsive records exist -- would be classified for reasons
of national security under Sections 1.5(c) [intelligence sources and
methods] and 1.5(d) [foreign relations] of Executive Order 12958.
Further, the fact of the existence or nonexistence of such documents
would relate directly to information concerning intelligence sources
and methods which the Director of Central Intelligence has the
responsibility to protect from unauthorized disclosure in accordance
with Subsection 103(c)(6) of the National Security Act of 1947, as
amended, and Section 6 of the Central Intelligence Agency Act of
1949, as amended. Accordingly, pursuant to Freedom of Information
Act exemptions (b)(1) and (b)(3), your appeal is denied. By this
statement, we are neither confirming nor denying that any such
documents exist.
Further, in regard to your appeal and in accordance with CIA
regulations appearing at 32 C.F.R. paragraph 1900.41 (c)(2), the
Agency Release Panel has affirmed this determination.
In accordance with the provisions of the Freedom of Information Act,
you have the right to seek judicial review of this determination in
a United States district court.
We appreciate your patience while your appeal was being considered.
Sincerely,
Gregory L. Moulton
Executive Secretary Agency Review Panel
http://www.icdc.com/~paulwolf/gaitan/gaitan.htm
From: Paul Wolf paulwolf@icdc.com
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