U. S. Department of Justice Office of Legal Counsel Washington, D. C. 20530 February 9, 1994 Lee Tien, Esq. 1452 Curtis Street Berkeley, CA 94702 Dear Mr. Tien: This is in response to your Freedom of Information Act request dated December 28, 1993. Enclosed are nine documents from the files of the Office of Legal Counsel that are responsive to your request. Five of these documents are exempt from mandatory disclosure pursuant to Exemption Five of the Act, 5 U.S.C. ¤ 552(b) (5); we have determined, however, that it is appropriate to make a discretionary release of the documents. In addition, we are withholding four documents pursuant to Exemption Five, one of which is also being withheld pursuant to Exemption One, 5 U.S.C. ¤ 552(b) (1). Some additional documents have been located that may be responsive to your request. These documents did not originate in this Office, however, and we are referring them to the originating agencies, the Federal Bureau of Investigation, the National Security Council, and the National Security Agency, which will respond directly to you. We are directing the referrals to J. Kevin O'Brien, Section Chief, Federal Bureau of Investigation, Nancy Menan, Director of Information Management Disclosure, National Security Council, and Claudia Collins, FOIA Branch Officer, National Security Agency. You may appeal this decision by writing within 30 days to the Director, Office of Information and Privacy, United States Department of Justice, Washington, D.C. 20530. Your envelope and letter should be clearly marked "FOIPA [sic] Appeal." In the event your administrative appeal is unsuccessful, judicial review will thereafter be available in the United States District Court for the District in which you reside or have your principal place of business or in the District of Columbia, where the records are located. Sincerely, /s/ Richard L. Shiffrin Deputy Assistant Attorney General Office of Legal Counsel