Reading Room Document

Legal Basis to Withhold Documents Relating to the Export Administration Act From the House Committee on Government Operations

The document is a memorandum opinion addressing the legal basis for the Department of Commerce's refusal to provide certain documents to a subcommittee of the House Committee on Government Operations. The conclusion reached in the document is that, upon proper authorization by the President, the documents may be legally withheld from Congress. The questions presented for review include the legitimacy of claims of confidentiality for the documents, the need for protection of communications between high government officials and their advisers, and whether Congress' need for the information might be satisfied by means other than compliance with its initial request. The document also discusses the proposed arrangements by the Department of Commerce to provide detailed summaries of the documents and allow the subcommittee chairman to inspect the original documents under certain conditions.

December 7, 1977