Margaret P Grafeld Declassified Released US Department of State EO Systematic Review 04 MAY 2006 Message Text LIMITED OFFICIAL USE PAGE 01 STATE 311722 TOSEC 340058 ORIGIN L-03 INFO OCT-01 SS-15 SSO-00 CCO-00 ISO-00 ONY-00 019 R DRAFTED BY L MLEIGH BE APPROVED BY L MLEIGH S HCOLLUMS S S-O SGOLDSMITH DESIRED DISTRIBUTION S AND L ONLY ------------------281618Z 011536 44 Z 281605Z DEC 76 ZFF4 FM SECSTATE WASHDC TO USDEL SECRETARY FLASH LIMITED OFFICIAL USE STATE 311722 TOSEC 340058 FOR THE SECRETARY ONLY FROM LEIGH E O 11652 N A TAGS SOPN SUBJECT PRESS GUIDANCE A FOLLOWING ARE Q A'S TO BE USED BY SPOKESMAN ON AN IF ASKED BASIS QUOTE Q WHY DIDN'T THE SECRETARY SIMPLY INCLUDE THE TELEPHONE TRANSCRIPTS WITH THE OTHER PAPERS HE DONATED TO THE LIBRARY OF CONGRESS A IT WAS RECOGNIZED THAT THERE WERE CERTAIN RIGHTS OF PRIVACY RAISED BY THESE NOTES WHICH WERE NOT RAISED BY THE OTHER PAPERS LIMITED OFFICIAL USE LIMITED OFFICIAL USE PAGE 02 STATE 311722 TOSEC 340058 Q WHY WASN'T THE FIRST DONATION DELAYED SO THAT ALL OF THE SECRETARY'S PAPERS COULD BE DONATED AT ONCE A IT WAS EASIER TO DEAL WITH THE OTHER PAPERS FIRST THEY DID NOT APPEAR TO RAISE THE TYPE OF PRIVACY QUESTIONS THAT WERE POTENTIALLY RAISED BY THE NOTES ON THE TELEPHONE Margaret P Grafeld Declassified Released US Department of State EO Systematic Review 04 MAY 2006 Margaret P Grafeld Declassified Released US Department of State EO Systematic Review 04 MAY 2006 CONVERSATIONS IN VIEW OF THE INVITATION FROM THE LIBRARY OF CONGRESS TO HAVE THE SECRETARY'S PAPERS DEPOSITED THERE THE SECRETARY DECIDED TO GO AHEAD WITH THE DONATION OF THE PAPERS Q LAST WEEK IT WAS SAID THAT THE TELEPHONE NOTES WERE NOT GOING TO THE LIBRARY OF CONGRESS ISN'T TODAY'S ANNOUNCEMENT INCONSISTENT WITH THAT STATEMENT A WHAT WAS CLEAR WAS THAT THE NOTES ON THE TELEPHONE CONVERSATIONS WERE NOT GOING TO THE LIBRARY OF CONGRESS UNDER THE INITIAL DONATION AND THAT NO DECISION HAD BEEN REACHED WITH RESPECT TO HOW THE NOTES SHOULD BE PRESERVED EXCEPT FOR THE VIEW THAT THEY WERE PERSONAL PAPERS NOTHING MORE WAS INTENDED BY WHAT WAS SAID Q WHY DIDN'T YOU JUST SAY LAST WEEK THAT THESE PAPERS WERE GOING TO THE LIBRARY OF CONGRESS A IT WASN'T APPROPRIATE TO MAKE AN ANNOUNCEMENT UNTIL A FINAL DECISION HAD BEEN MADE AS TO WHAT ADDITIONAL RESTRICTIONS SHOULD BE ADOPTED TO PROTECT THE PRIVACY INTERESTS RAISED BY THE NOTES Q ISN'T IT UNUSUAL TO SIGN A DEED OF GIFT ON CHRISTMAS EVE A SECRETARY KISSINGER WAS ABOUT TO LEAVE TOWN UNTIL AFTER NEW YEAR'S HE HAD REACHED A DECISION ON APPROPRIATE RESTRICTIONS TO PROTECT RIGHTS OF PRIVACY RAISED LIMITED OFFICIAL USE LIMITED OFFICIAL USE PAGE 03 STATE 311722 TOSEC 340058 BY THESE PAPERS TO AVOID FURTHER SPECULATION ARRANGEMENTS WERE MADE TO HAVE THE DEED OF GIFT EXECUTED BEFORE THE SECRETARY'S DEPARTURE Q WHY WAS THE DECISION TAKEN NOW A AS INDICATED IN THE ANNOUNCEMENT THERE WAS GROWING SPECULATION ABOUT THE NOTES AND IT SEEMED BEST TO REMOVE ANY POSSIBLE CLOUD AS SOON AS A DECISION COULD REASONABLY BE MADE Q AREN'T THESE THE ONLY PERSONAL PAPERS GOING TO THE LIBRARY OF CONGRESS A NO THE ORIGINAL DEED OF GIFT EXTENDED BOTH TO COPIES OF GOVERNMENT PAPERS AND TO PERSONAL PAPERS -INCLUDING PRIVATE CORRESPONDENCE PAPERS FROM THE SECRETARY'S YEARS AT HARVARD UNVIERSITY AND SIMILAR PERSONAL Margaret P Grafeld Declassified Released US Department of State EO Systematic Review 04 MAY 2006 Margaret P Grafeld Declassified Released US Department of State EO Systematic Review 04 MAY 2006 MATERIALS Q WHEN WILL THE TELEPHONE NOTES BE DELIVERED TO THE LIBRARY OF CONGRESS A ALL BUT THE MOST RECENT NOTES HAVE ALREADY BEEN DELIVERED TO THE LIBRARY Q WHEN WERE THEY DELIVERED A EARLIER TODAY Q WHY THE HASTE IN DELIVERING THESE PAPERS TO THE LIBRARY A FOR THE SAME REASONS THAT THE EARLIER DELIVERY OF PAPERS WAS PROMPTLY MADE -- NAMELY TO COMPLETE THE GIFT AND TO MAKE UNEQUIVOCAL THE SECRETARY'S INTENTIONS THAT LIMITED OFFICIAL USE LIMITED OFFICIAL USE PAGE 04 STATE 311722 TOSEC 340058 THE PAPERS ARE TO BE PRESERVED AT THE LIBRARY OF CONGRESS Q THE LEGAL ADVISER'S OPINION IN NUMBERED PARAGRAPH 3 STATES THAT DEPARTMENT REGULATIONS REQUIRE EXTRACTS WILL EXTRACTS STILL BE PREPARED A YES EXTRACTS WILL BE PREPARED BEFORE JANUARY 20 OF ANY SIGNIFICANT GOVERNMENTAL ACTIVITY ON DECISIONS WHICH DO NOT APPEAR TO BE CONTAINED IN EXISTING GOVERNMENT RECORDS THE EXTRACTS WILL BE PLACED IN THE APPROPRIATE GOVERNMENT RECORD FILES Q DOES THIS MEAN ALL SIGNIFICANT GOVERNMENT ACTIVITIES AND DECISIONS WILL BE EXTRACTED OR ONLY THOSE NOT REFLECTED IN EXISTING GOVERNMENT RECORDS A ONLY THE LATTER HOWEVER IF THERE IS ANY DOUBT AN EXTRACT WILL BE MADE Q REGARDING THE STATUS OF SECRETARY KISSINGER'S TRANSCRIBED TELEPHONE CALLS HAS THE DEPARTMENT OF JUSTICE GIVEN THE DEPARTMENT OF STATE ANY OPINION REGARDING THE STATUS OF THE SECRETARY'S TRANSCRIBED CALLS OTHER THAN THAT CITED BY LEGAL ADVISER MONROE LEIGH IN HIS NOVEMBER LL L976 MEMORANDUM A NO BUT IT SHOULD BE EMPHASIZED THAT ONE OF THE BASES FOR JUSTICE'S POSITION IS THAT THE PAPERS ARE PERSONAL Margaret P Grafeld Declassified Released US Department of State EO Systematic Review 04 MAY 2006 Margaret P Grafeld Declassified Released US Department of State EO Systematic Review 04 MAY 2006 Q WHEN THE SECRETARY HAS TALKED WITH DIPLOMATS HAS THERE GENERALLY BEEN MEMORANDA OF CONVERSATION PREPARED FOR THE DEPARTMENT'S RECORDS THAT IS OTHER THAN THOSE TRANSCRIBED FOR THE SECRETARY A NOT MEMORANDA OF CONVERSATION BUT WHEN MATTERS LIMITED OFFICIAL USE LIMITED OFFICIAL USE PAGE 05 STATE 311722 TOSEC 340058 DISCUSSED OVER THE TELEPHONE ARE IMPLEMENTED OR COMMUNICATED TO OTHERS WITHIN THE GOVERNMENT THERE ARE GOVERNMENT RECORDS PREPARED Q WITH REFERENCE TO MR LEIGH'S STATEMENT NOVEMBER 11 MEMORANDUM THAT I HAVE ON SEVERAL OCCASIONS DISCUSSED WITH YOU MY VIEW THAT YOU WOULD BE ENTITLED TO RETAIN THE TRANSCRIBED NOTES OF YOUR TELEPHONE CONVERSATIONS WHEN YOU LEAVE OFFICE DID MR LEIGH CONVEY THIS OPINION IN WRITING OR WAS IT PURELY ORAL IN FORM A ORAL BUT CONSISTENT WITH CONTEMPORANEOUS WRITTEN ADVICE GIVEN TO DEPARTMENT OFFICIALS IN CONNECTION WITH IMPLEMENTATION OF THE FREEDOM OF INFORMATION ACT Q ISN'T MR LEIGH'S OPINION THAT THE TELEPHONE NOTES ARE PERSONAL INCONSISTENT WITH THE GSA BULLETIN FPMR B-65 SIGNED BY THE ARCHIVIST OF THE UNITED STATES A THE GSA BULLETIN PURPORTS TO BE A SUMMARY OF EXISTING LAW SIGNIFICANTLY HOWEVER ALL OF THE PARAGRAPHS OF THE GSA BULLETIN ARE SUPPORTED BY A STATUTORY CITATION EXCEPT FOR ONE -- THAT IS THE PARAGRAPH THAT ATTEMPTS TO DRAW A LINE BETWEEN PERSONAL AND OFFICIAL PAPERS THIS PARAGRAPH OF THE GSA BULLETIN IS INCONSISTENT WITH DEPARTMENT REGULATIONS THAT HAVE BEEN IN EFFECT SINCE 1967 ALSO LANGUAGE SIMILAR TO THIS PARAGRAPH WAS PROPOSED BY THE GSA IN THE FORM OF A REGULATION UNDER THE PRESIDENTIAL MATERIALS PRESERVATION ACT AND IT WAS TWICE REJECTED BY THE CONGRESS END QUOTE B NOTE I HAVE CHANGED ANSWER TO THE QUESTION ON EXTRACTS SO THAT INSTEAD OF REFERRING TO EXTRACTING OF DECISIONS WE REFER TO EXTRACTING SIGNIFICANT GOVERNMENTAL ACTIVITY OR DECISIONS ON RECONSIDERATION I STRONGLY RECOMMEND THIS CHANGE IN ORDER TO PRESERVE LIMITED OFFICIAL USE LIMITED OFFICIAL USE PAGE 06 STATE 311722 TOSEC 340058 Margaret P Grafeld Declassified Released US Department of State EO Systematic Review 04 MAY 2006 Margaret P Grafeld Declassified Released US Department of State EO Systematic Review 04 MAY 2006 CONSISTENCY WITH EARLIER LEGAL OPINION AND DEPARTMENTAL REGULATIONS I AM CONVINCED WE GAIN MORE FLEXIBILITY FROM USE OF WORD SIGNIFICANT IN DECIDING WHAT TO EXTRACT IN ADDITION ANY CHANGE FROM LANGUAGE OF LEGAL OPINION WILL I FEAR BE TREATED BY PRESS WITH SUSPICION ROBINSON LIMITED OFFICIAL USE NNN Margaret P Grafeld Declassified Released US Department of State EO Systematic Review 04 MAY 2006 Margaret P Grafeld Declassified Released US Department of State EO Systematic Review 04 MAY 2006 Message Attributes Automatic Decaptioning Z Capture Date 01 JAN 1994 Channel Indicators n a Current Classification UNCLASSIFIED Concepts TOSEC Control Number n a Copy SINGLE Draft Date 28 DEC 1976 Decaption Date 28 MAY 2004 Decaption Note 25 YEAR REVIEW Disposition Action RELEASED Disposition Approved on Date Disposition Authority ElyME Disposition Case Number n a Disposition Comment 25 YEAR REVIEW Disposition Date 28 MAY 2004 Disposition Event Disposition History n a Disposition Reason Disposition Remarks Document Number 1976STATE311722 Document Source CORE Document Unique ID 00 Drafter MLEIGH BE Enclosure n a Executive Order N A Errors N A Film Number D760474-0041 From STATE Handling Restrictions n a Image Path ISecure 1 Legacy Key link1976 newtext t1976129 aaaaahpx tel Line Count 229 Locator TEXT ON-LINE ON MICROFILM Office ORIGIN L Original Classification LIMITED OFFICIAL USE Original Handling Restrictions ONLY Original Previous Classification n a Original Previous Handling Restrictions n a Page Count 5 Previous Channel Indicators n a Previous Classification LIMITED OFFICIAL USE Previous Handling Restrictions ONLY Reference n a Review Action RELEASED APPROVED Review Authority ElyME Review Comment n a Review Content Flags Review Date 27 JUL 2004 Review Event Review Exemptions n a Review History RELEASED 27 JUL 2004 by BoyleJA APPROVED 08 NOV 2004 by ElyME Review Markings Margaret P Grafeld Declassified Released US Department of State EO Systematic Review 04 MAY 2006 Review Media Identifier Review Referrals n a Review Release Date n a Review Release Event n a Review Transfer Date Review Withdrawn Fields n a Secure OPEN Status NATIVE Subject PRESS GUIDANCE A FOLLOWING ARE Q A'S TO BE USED BY SPOKESMAN ON AN IF ASKED BASIS QUOTE TAGS SOPN OGEN To SECRETARY Type TE Markings Margaret P Grafeld Declassified Released US Department of State EO Systematic Review 04 MAY 2006 Margaret P Grafeld Declassified Released US Department of State EO Systematic Review 04 MAY 2006