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U.S. Court of Appeals Strikes Blow Against Freedom of Information Volume 8 No. 4 Published at UCSD 16th year of publication Nov. 2 - Nov. 18 1982 StudentCooperative Union’s study of UC-CIAties hampered... U.S. Courtof AppealsStrikes Blow AgainstFreedom of InformationAct The U.S. Courtof Appealsaffirmed a courtdecision September 27th thatstrikes a major.blowagainst attempts to use the Freedomof InformationAct to obtain informationabout CIA covertactivities. Noted ACLU attorneySusan Shaffer, who workedon the case,"1 am afraidthis is the end of the road for FOIA requestsregarding CIA covertactivity on universitycampuses." The rulingupheld the CIA’s refusal to confirmor denythe existenceof recordspertaining to covertcontacts for foreign intelligence purposes ¢ betweenthe Central Intelligence Agency and the Universityof California / in responseto an FOIA requestfiled several years ago by UCLA graduate studentNathan Gardels. Documentswhich were releasedin responseto Gardels’request have revealedfar rangingand extensive ties between the C1A and the Universityof California,including research, recruiting, training of CIA agents,and the loaningof UC personnelto the CIA as advisors.(see: NIC Disorientation Manualfor informationon theseties). Copies of the documentswhich were releasedto Gardelsare in the possessionof the StudentCooperative Union and are availablefor inspectionin the office--Room209, Student Center. The SCU 6 has alsofiled several FOIA reque.sts seeking to updatethe CIAreleases, and to obtaininformation not previouslyreleased by the CIA. In a recentpress release, the StudentCooperative Union’s Organizing SupportGroup denounced the appealscourt ruling, noting: "Thisis oneof a longstring of courtcases and legislation aimed at curtailingthe Freedomof InformationAct, and preventingpublic scrutinyof agencieslike the CIA,the Pentagonand the FBI." % Therelease also noted that this ruling made it clearthat the SCU wouldhave to abandonits attemptsto secure documentationof covertties between the University of Californiaand the CIA throughthe FOIA. However, the SCU noted,"this does not mean thatwe are abandoningour attemptsto documentthe full nature and extentof UC-CIARelations. Muchof the informationwe haverequested through theFOIA does not tall within the categories protected from disclosure by the courts. Moreovel we arestepping up ourefforts to obtain fromother sources." Currently.the CIA has agreedto updatethe documentsreleased to Gardels,to release documentsrelating to CIA tiesto Scripps Institutionof Oceanography,the VisibilityLab and the MarinePhysical Lab, and to replacecertain documentswhich were illegible as released.In addition,the CIA has agreedto releasedocuments on theInstitute for Policy Analysis as soonas it t~ceives a depositof $100.Lately the CIA hasbeen stalling on otherdocuments requested, has beenthreatening to assessmassive fees even though it earlierstated that it wouldprovide all requesteddocuments (except the ones relatingto theInstitute for Policy Analysis) for free, and workfor the CIA.That subjectis has been demandingthat copiesof documentsrequested Cuba,Vietnem, and othernations which theprovince of the schools,their underthe FOIA be providedto the Agencybefore it have drawnthe government’swrath, the assassinationof activists such as Patrice faculties,their students, and the determines "whether searches are Lumumba. public,not the FOIA.(page 12) feasible."(Letter from CIA to SCU,23 September1982. See page8 for text of But thereis anotherreason the CIA The University,and Attiyeh,to date That,however, did not stopthe court letter). has refusedto releasethis information, haverefused to provideaccess to such from enablingthe CIA to withholdthe "thatthe disclosure...wouidsetoff an informationnecessary for collegesand TheSCU is attemptingto raisethe one information,or even to respondto SCU overt ’campuscampaign’, led by so- the publicto makesuch decisions on an hundreddollars to securethe documents requeststhat it be madeavailable. called’campus activists’, to uncover informedbasis, and to enforcethem. on the Institutefor PolicyAnalysis, The problemof UC-CIAties is partof covertsources at institutions,with the Indeed,the CIA has good cause to be whichis knownto havedone research on the largerproblem of the relationship consequence that there would be concernedthat "campus activists" will theworld flow of criticalresources for between the CIA and universitiesin reluctance on the part of some exposeits activities: we, for one, pledge the CIA. 1PA President Richard general,and indeedthe largerproblem individualsto aid the CIA." (ruling, page ourselves to such a campaign. The Attiyeh,who was involvedwith that of the CIA itself. Students have II) The courtrejected that argument, courts,however, have strengthened the research,was recently appointed Deal of consistentlydemanded that UC-CIAties whilegranting the CIA’s request, noting: CIA’s hand in refusing to release Graduate Studies and Research at be severed,as partof a campaignto put informationabout its activities to the UCSD; making release of those an endto CIA-inspiredterror around the That positioncomes too closeto Americanpeople, who must foot these documentsespecially important. In world.CIA ties to universitiesare an thearea of thefree speech rights of billsfor those activities. Another nail has addition,the SCU is continuingto seek integralpart of its operations.Indeed, studentsand theacademic freedom beendriven into the coffin of theFOIA, release of documents from UCSD notedthe Courtof Appeals: of collegesand universities. relatingto Attiyeh’sCIA research, and is and anotherro,,lhlock erected in the Already some schools have pathsof thoseg’ho seek to exposeand demandingthat Attiyehopen the books The Agency(CIA) needs, and uses considered whether or not to severall CIA tics. on the IPA, so that the university as intelligencesources, covert regulateor forbidtheir faculty communitycan judge its activities with contacts with American membersfrom undertakingcovert See page 8 for CIA letter to SCU fullaccess to theinformation. Academics and students at The Universitycommunity is entitled Americanschools, and in general Non-Profit6rg. has continuedto maintainsuch I Now Indicator U. S. Postage to fulldisclosure of all information Student Organizations regardingAttiyeh’s ties to theCentral contacts... UC San Diego, B.O23 PAID La 3olla,Calif. IntelligenceAgency. The continued Thisstatement goes to thevery heart La Jollo,Ca. 92093 Permit No. 256 suppressionof allinformation regarding of thematter; the CIA needsthe ties it RichardAttiyeh’s ties to the C.I.A. has establishedwith academia in order cannot eliminate the questions in to ’properly"carry out its programof peoplesminds: rather only through the internationalterrorism and repression. releaseof allrelevant information can It is peoplelike RichardAttiyeh the communitymake informeddecisions among others who make the CIA’s a,, to whetheror not a personwith actixitiespossible, activities like the Atti.vch’sbackground can properly overthro~of the Allendegovernment in oversee(iraduate Studies and Research. Chile,the economic~arfare against 3 2 followBerkeley... Semesters starting on amnesiaand ahistoricismin orderto don’toppose repressive legislation bx understandnot simplythe reactionary electingpoliticians bought and sold b FunkyLa lolla Thursdaysmay not be a phenomenonof Notesfrom the ColletiveDesk... i thedistant future after all... Large Crowd Turns Out For nature of Reaganomics, but the the interestsbehind such repressive by RamblingRosie bankruptcyof liberalism, the futility’ of legislation. Just a few thingsto mention...Aia And now a word from our sponsors...TheAS Councilis currently "Missing"at UCSD Elections: Who working within the Democratic And,of course,there are a variety,ol recent seminar held at UCSD, the Does It planninga referendumto be heldwinter Over650 people attended a showingof in the U.S. -was based on interviews Republican party system, and the ways not to vote.Simply don’t cast a lecturersupported his claim for nuclear quarterto askstudents "how they really the movie Missing and heard Tom withCharles Horman’s friends, parents povertyof electoralpopular Frontism. ballot,or casta ballotvoting for what power by pointingto studiesshowing wanttheir money spent." Questions will Hauser, author of the book the and other subjects.Other data was Encourage? This does not mean we endorsesome initiativeyou wantwithout voting for that radiationin "lowdoses" actually includea proposalto allocatestipends to "Executionof CharlesHorman’--upon obtainedfrom public re’,~rds,and thirdpart)’, or a parliamentarysystem thecandidates. Or vote for a thirdpart)’. enhancesone’s health...Coming from the AS Council members,another one on whichthe movie was based,on Friday documentreleased under the Freedom Don’tvote, it onlyencourages them. possiblydissident minorities. The In theUnited States historically, third Any thirdparty will do. sincenone of President of General Atomic, and Such has been the New Indicator monies receivedby various student Oct. 29th at MandevilleAuditorium. of InformationAct. Republican right hand in turn. partieshave simply acted to reformthe themhave a snowball’schance in hellof former director of the Los Alamos organizationsand projects... A notable The event was co-sponsored by collectiveposition at election-timein the maintainsdiscipline within the diverse two-party system from within the winning.This effectively cancels a vote Laboratoryin New Mexico--oneof two Throughtouthis lecture Hauser failed past. It remains the New Indicator absencewill no
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