testimony offered in another court. Therefore, the appearance of SAs Pavlica and Pontecorvo can not be authorized at this time.
In addition, the Privacy Act (PA), 5 U.S.C. section 552a (b) prevents the FBI from disclosing any information concerning third parties without the written consent of the parties or without a court order authorizing the disclosure of the same. While the statement offered in compliance with the C.F.R. is considered by the FBI to be insufficient, it appears that testimony concerning third parties is what is being sought. In the absence of further information, the position of the FBI must be, that it is prohibited by law from releasing information about third parties without being provided with the appropriate consents or court order.
As that portion of the subpoenas, requesting the production of records, is not valid and as neither the requirements of the C.F.R. or the Privacy Act have been met, the FBI can not authorize the appearance of SAs Pavlica or Pontecorvo nor the production of FBI records at this time. In addition, be advised that even were all of the above mentioned requirements to be met, it may be determined that one or more privileges are applicable to the information being sought. Should this be the case, the FBI retains the right to raise any such privileges at a later date.
By letter with attached copies of all appropriate documents (sent via facsimile) to the United States Attorneys Office for the District of Columbia, the FBI has requested that an Assistant United States Attorney (AUSA) from the Civil Division be assigned to this matter so to represent the interests of the FBI and of the Special Agents. Therefore, should there be further questions, please contact AUSA John Gidez and request that he identify the AUSA who has been assigned to handle this matter on behalf of the FBI.
William C. Megary
Acting Assistant Director in Charge
By: Karlton D. Bolthouse
Acting Chief Division Counsel/Supervisory Special Agent
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