June 30, 1986

O'Neill & Lysaght Memorandum re: Jeffrey MacDonald, FOIA Request, Summary of Materials

O'Neill & Lysaght MEMORANDUM

From: Steve Kapiloff
DATE: June 30, 1986

SUBJECT: Jeffrey MacDonald, FOIA Request, Summary of Materials


It appears that MacDonald requested all documents that the DOJ had concerning his case in 1980. DOJ responded that they had more than 90,000 pages concerning the MacDonald case. Later that year MacDonald modified the request. He told DOJ that he did not need any documents from the trial or other court hearings (approximately 51,000 pages) and he did not need any newspaper clippings (a large number according to DOJ). 14,000 pages of the original 90,000 originated with other departments, so DOJ sent these documents to the other departments for further review.

At this point, DOJ began sending documents to MacDonald. The documents came in 7 answers between February 15, 1983, and November 14, 1983. The documents released totaled 3,942 pages plus the 2nd volume of an interview of MacDonald conducted on 4/6/70, plus a copy of Col. Kriwanek's 2/18/70 press conference, plus a copy of a conversation between MacDonald and Alfred Kassab. Many documents were denied, approximately 4,400 pages. Of these denied pages approximately 3,000 pages were grand jury testimony. Several hundred more pages were attorney's handwritten notes. After an appeal 4 additional pages were released. Many of the documents which were denied were subsequently deleted from the request in a letter from BON dated 12/19/83. Attached are the lists of documents denied.

Apparently MacDonald would like to request much of the grand jury testimony which was denied to him. He is especially interested in the testimony of witnesses mentioned in McGinniss' book. He spoke to Diane on 11/25/85 and gave her a list of people whose testimony he wants. He wants:

1. Alfred Kassab
2. Mildred Kassab
3. Mr. and Mrs. Robert Stevenson
4. An unnamed reporter currently working in Denver, formerly from Fayetteville
5. Mrs. Donald Kalin
6. Mr. Donald Kalin
7. Pamela Kalin
8. 11 other members of the Kalin family
9. Bruce Bailey, M.D., psychiatrist from Walter Reed
10. Other psychiatrists and psychologists from Walter Reed
11. James Mack, Ph.d
12. Dr. Robert Sadoff
13. Carole Mae Larsen
14. Mary and Jack Andrews
15. Jack Andrews, Jr.


It appears as though the Department of the Army (DOA) sent all of the materials requested to MacDonald. The material sent does contain some deletions. In a letter dated 12/19/83 BON requested that the deleted material be released. No reply to this request was in the file. A memo in the files says that 3,048 documents (it must mean pages) were sent by DOA. 59 documents (pages) were denied, then reconsidered and sent. Attached is a list of requested information from the documents with deletions.


Originally the FBI withheld all documents in their possession. However on appeal they began releasing material. In total approximately 3,100 pages were denied, many with deletions, and about 300 pages were withheld completely. On 11/1/83 MacDonald requested all photos, data notes, and bench and lab notes concerning the blue pajama top. These documents were received on 4/10/84. Attached is a list of requested information from the documents with deletions.


MacDonald requested all of the materials contained in the Bureau of Prisons (BOP) file about him. BOP sent 23 pages of documents on 3/5/84. Many other documents were releasable only to a physician authorized by MacDonald to receive the documents. They claim that MacDonald can receive other files from "local staff". MacDonald says that he wants to request more from BOP (or local prisons). He says he needs to see more things about his moves.


The IRS released one document which it had concerning MacDonald. All other documents cannot be released without his written approval.