MY PRACTICES
ACCESS TO CLASSIFIED CIA RECORDS
CIA RESTRICTIONS AND PUBLICATION REVIEW
UNFULFILLED CIA OBLIGATIONS
FBI RECORD CHECKS AND CORRECTIONS
ACCESS TO CLASSIFIED CIA RECORDS
Journalists, historians, researchers, companies and families often need records the CIA holds: about an event, a program, a relative, or their own case. Frequently the information turns out to be classified, or the Agency refuses even to confirm that such records exist. Many people assume that is the end of the road. It is not. There are procedures for challenging a refusal, but they take careful preparation and knowledge of the rules.
We have several tools. The Freedom of Information Act (FOIA) lets you request records from an agency, and the Privacy Act helps you obtain information about yourself. When you need a specific classified document, a mandatory declassification review request asks the Agency to reconsider its classification. After a denial you can appeal inside the Agency, and for declassification requests to the Interagency Security Classification Appeals Panel (ISCAP). If that fails, a lawsuit remains.
We are candid about the difficulties. The CIA often answers with a Glomar response, neither confirming nor denying that records exist. Much of its operational material is excluded by statute from ordinary search obligations, and courts rely heavily on the Agency’s own declarations. A lot therefore depends on the request itself: it should point to specific documents and, where possible, rely on facts the U.S. government has already officially acknowledged or published, since an agency finds it harder to withhold what is already public.
We draft the request, handle the correspondence, prepare appeals and, when it is justified, bring suit. We tell you up front what chances are realistic, and we promise no result, because the decision rests with the Agency and the courts. Please do not send classified material by email, web form or voicemail. On the first call we will explain what is permitted. We explain our fees at the start of every matter, and everything you tell us is protected by attorney-client confidentiality. Contact us through this page.
CIA RESTRICTIONS AND PUBLICATION REVIEW
Service with the CIA leaves obligations that do not end when the job does. Employees sign secrecy agreements, and after leaving they must submit their writing and speeches to the Agency for review before publication. For many people this becomes a heavy burden: they cannot comfortably publish a memoir, write an article, speak at a conference or take consulting work without worrying about a breach. People often do not know what they are actually required to submit and what they are not.
Prepublication review covers, under the Agency’s rules, not only books but also articles, reports, speeches and other material on intelligence subjects. Getting it wrong is expensive. In Snepp v. United States, the Supreme Court allowed the government to take the profits of a former officer’s book that was published without review. The question “must I submit this?” should be answered before publication, not after.
Disputes also arise from the other direction: the Agency may redact passages it says are classified, or take many months to complete its review. Redactions can be challenged. We examine whether the redacted material is actually classified, whether it has already become public, and whether the Agency’s demands are justified, and we press for reconsideration through correspondence, internal review and, if needed, the courts. Courts give heavy weight to the Agency’s judgments, but that does not make every redaction unassailable.
We review your text before it is submitted, prepare the submission, handle the correspondence with the Agency, and contest unjustified redactions. We also explain what restrictions apply to your work and speaking after service and what you may tell a new employer. We cannot promise the Agency will clear a text in full, but we can help you keep as much of it as possible and avoid liability. Everything you tell us is protected by attorney-client confidentiality, and classified material must never be sent through ordinary channels.
UNFULFILLED CIA OBLIGATIONS
Sometimes the CIA does not do what it promised or what it owes. An employee may not be paid salary, benefits or compensation, may face delay or reduction of a pension or disability payment, or may be dismissed without explanation. A source may not receive promised payment, protection, relocation or status. In such cases people often feel they have no rights: the agency is secret, and the evidence is in their own hands.
For employees there are real avenues. They include internal complaints, the Agency’s Inspector General, the congressional intelligence committees, and disputes over retirement, compensation and employment. When trouble follows a report of wrongdoing, protection against reprisal applies under federal law and Presidential Policy Directive 19. Termination is a special case: by statute the CIA Director may dismiss an employee in his or her discretion. In Webster v. Doe the Supreme Court held that this discretion shields the decision from ordinary review under the Administrative Procedure Act, but that a colorable constitutional claim may still be heard.
For sources the situation is much harder, and we say so plainly. In Totten v. United States and Tenet v. Doe, the Supreme Court held that suits based on secret agreements with spies are generally barred, because courts will not examine secret arrangements with intelligence services. A direct lawsuit over a broken promise is therefore often unavailable. Other paths remain: administrative requests, the Inspector General, Congress and, in some cases, immigration measures for the source and family. We assess which of them is realistic in your situation.
We start with an honest assessment of what can and cannot be done. We then build a strategy, prepare complaints and requests, and support you at each stage. We cannot promise a result, because cases involving the CIA are limited by secrecy and by the Agency’s broad discretion, but we can make sure your position is clearly documented. If you believe you or your family are in danger, tell us at the first contact and we will discuss a safe way to communicate.
Please do not send classified material by email, web form or voicemail.
FBI RECORD CHECKS AND CORRECTIONS
An FBI Identity History Summary, often called a rap sheet, is an official extract from the federal database, built from your fingerprints. It lists arrests and, where reported, the outcomes of those cases. It is most often needed to show that you have no criminal convictions: for immigration, a license, employment, adoption or a court case. Embassies and consulates generally accept it for immigration purposes. We handle the whole process: we check your fingerprint card, file the request and follow it to the result, so you do not have to deal with the agency yourself, which matters most when you live abroad.
Small mistakes in this process can cost weeks. The request must be submitted correctly, your fingerprints taken on a proper card, and the card must arrive at the right address in usable condition. Smudged or incomplete cards, or cards printed on the wrong stock, are a common reason for rejection. If the record will be used in another country, we also arrange an international apostille under the 1961 Hague Convention, so the document is recognized where you need it.
An FBI record can be wrong, incomplete or out of date. An arrest may appear without its outcome, a dismissed case may look unresolved, and an expunged or sealed matter may still show up. A wrong entry can cost you a visa, a job or a license. We read your summary line by line, compare each entry with the court records and establish which data is genuinely wrong. We then prepare the correction request using the FBI forms FD-1114 and FD-1115 and assemble the supporting documents, including certified copies of U.S. court judgments.
The FBI decides whether and how to change a record, and timing depends on the agency and on the courts that hold the underlying documents, so we cannot promise a particular result. We can make the request accurate, complete and well supported, and tell you honestly where it stands. If an expunged or dismissed case still appears on your record, contact us before submitting anything to an agency yourself. Please share only the personal details we ask for, and use the secure channels we give you.
Attorney advertising. Prior results do not guarantee a similar outcome. This firm is an independent law practice and is not affiliated with the Central Intelligence Agency, the Federal Bureau of Investigation, or any other government agency. This page is general information, not legal advice.
Viacheslav Kutuzov
VIACHESLAV KUTUZOV, Esq.
New York Attorney & Counselor-at-Law (6192033)
admitted to practice before the IRS (No.00144810-EA)
55 Broadway, Floor 3, New York, New York 10006
Phone: +1 646 8374669
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