Case No. 1:17-cv-00588CRC
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
U. S. DEPARTMENT OF
STATE, and the CENTRAL
DECLARATION OF DAN L. HARDWAY
My name is Dan L. Hardway. I am over the age of eighteen years; I am competent to
testify in this matter. I am an attorney admitted to practice in the states of West Virginia and North Carolina;
and before the Supreme Court of the United States, the United States Tax Court, the United
States Court of Appeals for the District of Columbia Circuit, and the United States Court
of Appeals for the Fourth Circuit, and United States District Courts in the District of
Columbia, North Carolina and West Virginia. I am an inactive member of the bars of the
states of Florida and Indiana.
Along with James Lesar, I represent the Plaintiff David Talbot in this case.
On April 16, 2016, we sent a Freedom of Information Act (“FOIA”) request to the United
States Department of State (“DOS”) on behalf of Plaintiff David Talbot. See Exhibit 4
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(Exhibits attached to this Declaration are numbered in accordance with the number of the
paragraph in which they are first cited for ease of reference.) The request was sent in
response to the DOS advising that its search had revealed no records on William King
The April 16, 2016, request was sent by United States Mail, Certified Mail No. 7015 1730
0001 1031 8080. Id. According to the records of the United States Postal Service
Certified Mail No. 7015 1730 0001 1031 8080 was delivered by the United States Postal
Service on April 21, 2016. See Exhibit 5.
After filing the Complaint in this case, I discovered that the April 16, 2016, request had
been inadvertently left out of the filed copy of Exhibit 5 of the Complaint. I filed an Errata
on July 24, 2017, adding the request to Exhibit 5 and including the request as an Exhibit.
Doc. No. 12.
As part of my work on this case I have compared documents produced by CIA in response
to Talbot’s FOIA request with a version of CIA’s Harvey OPF released as part of the
National Archives and Records Administration (“NARA”) release of Kennedy
assassination documents under the President John F. Kennedy Assassination Records
Collection Act of 1992, 44 U.S.C. § 2107 note. The review of the OPF at NARA indicates
CIA has redacted much information in many of the documents released to Talbot in this
case in which the redacted information that has been declassified in the NARA releases.
a. CIA Document No. CO1228704 is a Medical Action Request and Report dated 1
Oct 1957 which redacts information that is in the NARA copy of the declassified
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document. Specifically, the NARA copy, attached hereto as Exhibit 7a, has the
redacted position –Germany—and the redacted signature of the Medical Officer.
b. A Biographic Profile dated 27 Sep 1971 and attached hereto as Exhibit 7b contains
a full list positions held by Harvey with only one foreign facility location redacted.
A copy of this document has not, to date, been located in the Talbot Documents.
c. CIA No. C01228738 contains five redactions, all of which have been declassified
in the NARA copy of the document attached hereto as Exhibit C which unredacted
information provides the name and/or signature of the CIA Chief of Station in
Germany in 1959, the CIA Chief of the Eastern European Division, and the fact
that Harvey was then serving as Chief of the CIA’s Berlin Base, all of which is
redacted in the copy released to Talbot.
d. CIA No. C01228773 is a request for Medical Evaluation dated 20 October 1960
that approves Harvey as qualified for TDY service in a redacted station. The
NARA released copy of the document, attached hereto as Exhibit 7d, indicates that
the station has been declassified and is Germany and Switzerland.
The Harvey OPF in the released NARA records consists of only 112 pages which are not
coextensive with the documents released by CIA in response to Talbot’s request. The
NARA Harvey OPF file, RIF No. 104-10193-10076, is available at
Publicly disclosed records indicate that CIA maintains a registry of aliases used by its
officers. Attached hereto as Exhibit 9a of this Declaration is a copy of a 19 October 1972
Memorandum for Chief, Badge Office/OS, RIF 104-10121-10206, indicating such
registration for CIA Officer David Morales. The document is publicly available at
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A second document indicating registration of aliases
is a 20 June 1974 Memorandum for OTS/AB/Docs from David A. Phillips, Chief, Western
Hemisphere Division, RIF 104-10121-10133, attached hereto as Exhibit 9b, and publicly
I declare under penalty of perjury that the foregoing is true and correct.
Executed this 15th day of February, 2018.
s/Dan L. Hardway
Dan L. Hardway