24194021-20060527F-001-004-2023.pdf

3UA443F.FIN
Page 1 of 2
MSMail
DATE-TIME
FROM
CLASSIFICATION
UNCLASSIFIED
SUBJECT
TO
CARBON COPY
TEXT BODY
Heads Up
Please call if you need further background. I also have press briefing 
sheets (a few weeks old) from the USAF.
The article is grossly inaccurate and appears to have been planted in 
response to recent rulings adverse to plaintiffs, including the dismissal of 
one of the two companion lawsuits. It will, however, be difficult for you 
to respond without knowing a great deal about the case, the Government's 
position, and the signficant state secrets at stake. I recommend that you …

311A443F.FIN
Page 2 of 2
BACKGROUND FYI ONLY:
The article presents the plaintiffs perspective of the case and is likely 
the result of the district court's rulings against the plaintiffs. Among 
other things the district court has ruled that the EPA has (subsequent to 
the litigation) completed an inspection of the location in question and the 
Air Force had conducted an inventory rendering at least one of the cases 
moot, i.e., the Government has done what plaintiffs asked. The court has 
also upheld the Air Force's assertion of the state secrets privilege over 
information plaintiffs sought …

314D9FFA.FIN
Page 1 of 3
MSMail
DATE-TIME
18 March 96 09:41
FROM
Baker, James E.
CLASSIFICATION
UNCLASSIFIED
SUBJECT
TO
CARBON COPY
TEXT BODY
Heads Up
We may receive calls because (1) Tony Lake's name was highlighted during a 
camera zoom on the Plaintiffs complaint to the court, and (2) the
Presidential exemption described in an earlier e-mail, was discussed. You 
should also be aware that GAO is doing an inquiry on environmental
BACKGROUND: 60 Minutes ran a story last night on the "operating location 
near Groom Lake," erroneously referred to as Area 51. While the story was 
nominally about …

Page 2 of 3
*• •
Heads Up
exemptions generally and has asked Air Force a number of questions about the 
operating location near Groom Lake.
GUIDANCE: As a general matter, and because this matter is under litigation, 
I recommend that you refer questions on this matter to Jim Sweeney at 
Justice 514-2008 or to the Air Force/PA.
If you are specifically asked about the Presidential exemption or Tony 
Lake's connection to the suit I recommend that you draw from the following:
The WSJ on page one has a lengthy article about ongoing litigation against 
the Government at a classified Air Force facili…

Page 3 of 3
•’A’’
BACKGROUND FYI ONLY:
Please call if you need further background. I also have press briefing 
sheets (a few weeks old) from the USAF.
The two civil suits in question are "citizens suits" against the EPA and 
against Secretary Perry, the Secretary of the Air Force and Tony Lake. In 
essence, the suits challenge the Government's compliance with environmental 
laws involving the storage, treatment and disposal of hazardous waste.
operating location near Groom Lake." The article incorrectly refers to 
"Area 51." We may get some inquiries, because as the article notes in the 
very …

Page 1 of 4
MSMail
DATE-TIME
18 March 96 09:55
FROM
Baker, James E.
CLASSIFICATION
UNCLASSIFIED
SUBJECT
TO
CARBON COPY
TEXT BODY
You are welcome.
Thank you for being thorough as always.
Heads Up
BACKGROUND: 60 Minutes ran a story last night on the "operating location 
near Groom Lake," erroneously referred to as Area 51. While the story was 
nominally about the facility, the focus was plaintiffs' attorney's version 
of a suit filed against Sec. Perry, the National Security Adviser and Sec. 
of the Air Force (previously described below). This suit, however, was 
dismissed by the district court …

Page 2 of 4
I
Please let me know if you need additional information. Thank you. Earlier 
guidance on a WSJ article, giving more information on the background to the 
suits, follows below.
GUIDANCE: As a general matter, and because this matter is under litigation, 
I recommend that you refer questions on this matter to Jim Sweeney at 
Justice 514-2008 or to the Air Force/PA.
We may receive calls because (1) Tony Lake's name was highlighted during a 
camera zoom on the Plaintiffs complaint to the court, and (2) the
Presidential exemption described in an earlier e-mail, was discussed. You 
should…

Page 3 of 4
Heads Up
BACKGROUND FYI ONLY:
Please call if you need further background. I also have press briefing 
sheets (a few weeks old) from the USAF.
The WSJ on page one has a lengthy article about ongoing litigation against 
the Government at a classified Air Force facility in Nevada known as "the 
operating location near Groom Lake." The article incorrectly refers to 
"Area 51." We may get some inquiries, because as the article notes in the 
very last paragraph, consistent with the applicable statutes, President 
Clinton exempted the "operating location near Groom Lake" from any federal …