Transcript of 104-10333-10001.pdf
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(0410333700071
2025 RELEASE UNDER THE PRESIDENT JOHN F KENNEDY ASSASSINATION RECORDS ACT OF 1992
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: 600 E Strect NW Znd Floor Washington. DC 20530
(202) 724-0088 Fax: (202) 724-0457
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ssassinationRecords Revier Roard
TONTO
DC
#MOR
Thc Honorable John R Tunheim, Chair
RElec'e: SFCAMATION
In THis DOCUMENT
Expericnce
State of Minnesota, Chied Deputy Attomey General, 1986-Present
State of Minnesota, Office of the Attomney General, Solicilor General, 1985-86
State of Minnesota, Office of the Attomey General, Manager, Public Affairs Litigation
Division, 1984-85
Law Firm of Oppenheimer, Wolff, Foster, Shepard and Donnelly , Associate Attomey.
1981-84
Senior U.S. District Judge Earl Larson in Minneapolis, Law Clerk; 1980-81
United States Senator Hubert H Humphrey,-Stalf Assistant, 1975-77
Educalion
J.D-, University of Minnesola Law School, 1980
B.A , Concerdia College, 1975
Dr: Henry F Graff
Expericncc
Columbia University, Prolessor Emeritus of History, 1991- ['resent
Freedom Forum Media Studies Center, Senior Fellow, 1991-92
Columbia Universily, Deparlrent of Instructor I0 Full Professor,
1946-91, Chairman, 1961-64
Educalion
PhD Columbia University. 1949
MA, Columbia University, 1942
BS , College, 1941
Ioamo Mcreeas: Joho R. Tunheim_ Cnsic Hooc Cott
6 [
V|€
History ,
City
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Dr: Kermit L. Hall
Expericnce
The Ohio State University, Dean, College of Humanities, and Professor of History and
Law, 1994
7 Present
The Universily of Tulsa, Dean, College of Arts and Sciences and Prolessor of History
and Law, 1992-94
University of Florida, Associate/ Full Professor ol History and Law, 1981-92
Wayne State Unversity. Assistant/ Associate Professor, Department of History,
1976-81
Vanderbilt Univcrsily, Assistant Professor, Dcpartmcnt of History, 1972-76
Educatiqn
Master of Study of Law, Yale University Law School, 1980
PhD, The University of Minnesota, 1972
MA, Syracuse University, 1967
BA , The University of Akron, 1966
Dr: William L Joyce
Experence
Princeton Universily, Associate Universily Librarian for Rare Books and Special
Collections, 1986-Present
The New York Public Library. Assislant Director for Rare Books and Manuscripls;
1981-1985
American Antiquarian Socicly, Worcester, Massachuseits, Curator of Manuscripts,
1972-81, Educalion Officer; 1988-81
William L Clements Library, The Univergity of Michigan, Manuscripts Librarian,
1968-72
Education
PhL The Unversity of Michigan, 1974 D-.
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MA , St John's University (N.Y.), 1966
B.A-, Providence College, 1964
Dr: Ana K Nelson
Experience
The American University, Adjunct Professor of Hislory. 1992-Present, 1986-88
Arizona State University, Dislinguished Visiting Professor, 1992
The American University, Associate Prolessor in History, 1991
Tulane University. Adjunct Associate Professor in History, 1988-90
George Washington University, Instructor to Adjunct Associate Professor,
1972-85
George Washington University: Director, History and Public Policy Program,
1980-82
Dducation
PhD George Washington University, 1972
MA, Unversity o Oklahoma, 1956
B.A . Unversity of Oklahoma, 1954
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Ci443*C_ ZCTiONTO
DEC_ XwANDCA
RELEASROCA INFORMATION
IN T18 DOZUMENT
T Jeremy Gunn
1652 Wild Pine Way
Reston; Virginia 20194
(703) 481-8196
EDUCATION
Ph.D: Harvard University, Committee on the Study of Religion, 1991
Field: Religion and Society
Affiliatlon: Graduate Associate, Cenler for European Studies
Awards: French Govemment Grant; Krupp Foundation Fellow; Gilbert Chinard Award,
Institut Francais de Washingtan; Center for European Studies Grant
J.D_ Boston University School of Law, 1987 . Magna cUm laude
Awards: Hennessey and Liacos Distinguished Scholar
AM: University of Chicago, General Studies in Humanities, 1978
Award: University Fellowship
BA Brigham Young University, Internalional Relalions and Humanilies. 1974, High Honors
with Distinctian (highesl 1%)
Awards: several scholarships
EMPLOYMENT
General Counsel and Associate Director for Research and Analysis, JFK Assassination
Records Raview Board; Washington; D.C,, 1994-present
Covington & Burling, Associate Attomey; Washinglon; D.C;, 1988-94
Practice Araas; intemational law (public and private); civil litigation (ncluding class
action and other complex cases); appellate (including Supreme Court) Iitigalion; extensive
church-state Iitigalion; and six month full-time work in poverty law for Neighborhood Legal
Services Corporation:
United States District Court; Law Clerk to the Honorable Douglas P. Woodlock, Boston; MA,
1987-88
Ropes & Gray, Summer Associate, Boston, MA,1987
Goodwin, Procter & Hoar, Summer Associate, Boston; MA, 1986
TEACHING EXPERIENCE
Harvard University, Graduate Teaching Fellow, 1980-84
Elhics and Intemational Relations (Stanley Hoffmann)
Rise 0f Amercan Power (Emest May)
Art and Politics (Simon Schama)
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T. Jeremy Gunn
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Paris and London in the Nineteenth Century (John Clive)
Moral Values in European Thought (James Wilkinson)
French Society and Politics 1715-1815 (Patrice Higonnet)
French Society and Politics 1815-1945 (Patrice Higonnet)
Massachusetts Institute Of Technology. Instructor in History. 1980-81; 1981-82
Brigham Young University: Instructor in History and Humanities on overseas study program
in Paris, France 1975
PUBUCATIONS
Book
Standard for Repair The Establishment Clause, Equality; and Natural Rights (New
York and London, 1992):
Articles
"Freedom of Religion or Belief, Ensuring Effective International Legal Protection;"
American Joumal of Interational Law (1996) (book review) (forthcoming)
"Adjudicating Rights of Conscience Under the European Convention on Human
Rights, in Religious Human Rights ia Global Perpactive: Legal Perspectives
(John Witte and Johan van der Vyver; eds_, 1996), 305
The Promises We Keep: Human Rights, the Helsinki Process, and American
Foreign Policy; 88 American Joumal of Intemational Law 854 (1994) (book
review)
"Neutrality; Expression, and Oppression,' 23 Joumal of Law & Education 391
(1994)
"Applying Coercion: The Latest Element Of Establishment; in Why We Need
Public Schools: ChurchState Relations and Visions 0f Democrcy (Alt Musl, ed._
1992)
RECENT PROFESSIONAL ACTIVITIES
Chair, Commillee on Human Rights, District of Columbia Bar (1995-present)
Co-Chair; Commiltee on Public Intemational Law, District of Columbia Bar (1994-95)
General Counsel; National Committee for Public Education & Religious Liberty (1990-94)
Member, Board of Directors, Washington Council of Lawyers (1993-present)
Intemalional Advisory Board, World Report on Freedom of Conscience and Belief
U.S. Institute of Peace Working Group on Religion; Ideology, and Peace (1994-present)
Whos Who of Amercan Lawyers (8th ed,)
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NO OBJECTION TO
ANON ANDIOR
G.A iNFORMATION
i
The Assassination Records Review Board was
esblBAHHMENeresident John F
Kennedy Assassination Records Collection Act; which was signed into law by President
George Bush The five members of the Board were appointed by President Clinton,
confirmed by the US: Senate, and Swomn in on April 11, 1994. The law givesthe
Review Board the mandate and the authority to identify, secure, and make available all
records related t0 the assassination of President_ Kennedy: It is the respongibility of the
Board to determnine which records are to be made 'public immediately and which ones
will have postponed release dates
The Review Board consists of the following members:
The Honorable John R Tunheim, Chair; United States District Court Judge, District of
Minnesota:
Dr Henry F Graff; Professor Emeritus of History at Columbia Universify:
Dr Kermit L Hall; Dean, College of Humanities, and Professor of History at The Ohio
State University:
Dr: William L Joyce; Associate University Librarian for Rare Books and Special
Collections at Princeton University:
Dr: Anna K Nelson; Adjunct Professor of History at American University:
The Review Board has until October 1, 1997 to fulfill its mandate
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ASSASSINATION RECORDS REVIEW BQARD
Chairman:
John R. Tunheim
Board_Members:
Henry Franklin Graff
Kermit Hall
William Joyce
Anna Kasten Nelson
Executive_Director:
David Marwell
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Z E0 : V 1 J JrU
'UU" :
JOHN R. TUNHEMM
Minncsota Chief Dcpucy Attorcy Gcncral
102 State Capitol
Saint Paul, NN 5S1S5
6120296-2351
Jack Tuaheim is Chicf Dcpuly Attorney Gencralin thc Minocsor tlorney
Gcneral 's Office
Wa a
position hc has hcld since Junc; 1986. Thc scnior appointcd official
in tbc Allomcy Gcneral '$ Office, hc is responsiblc for supervising and dircctng all
opcralions of rhe officc, with a staff of over 200 lawycrs and 400 tolal cmployces.
Among his duties arc the supervision 0l all Jegal serviccs, including both crimiual and
civil litigation, the rccruitment and supcrvision of thc officc'$ lawycrs, chairing thc
management tcam, rcprescntng the govemor and othcr top state officials, working with
thc Legislanre, and handling significant constitutional cascs
Prior !o 1986,hc serycd as Minncsota Solicilor General and Manager of thc
Atorey Gcneral 's Public Aflairs Liugation Division He spcnt Uhree ycars in privatc
practice with thc St Paul law firm; Oppcnheimcr, Wolff, Foster, Shepard and Donnelly
and scrvcd as [Law Clerk to Scnior U.S. Distncr Judge Earl Larson in Minncapolis. Hc is
1 1980 cum laude gradualc of thc UnivcrSIty o Mionesoca Law School whcre hc scrvcd:
as Prcsident of tc Minnesota Law Review. [e IS 4 [975 summa cum laude graduate of
Concordia College in Moorhead; Minncsota and served from 1975-1978 as.a Staff
Assistant Io U.S. Seoaror Hubcit IL Humphrcy-
In Fcbruary; 1994, lus nominauon by Prcsident Clinton (0 bc a mcmbcr 0 tlc U.S:
Assassination Records Revicw Board(AARB) was conlined by the U.S_ Senalc Thc
AARB is responsiblc (Or ensuring and (acilitaling the review and puhlic disclosurc o
govcmmcnt Iccords related t0 tic assassinaton of Fresident John F Kennedy:
He currenuy tcachcs fcderal jid statc constiqudonal law a$ :I Adjunct Prolcssor of
Law a the University of Minnesota Law School: He has servcd as & visiung lecaurer al
the University of Minncsola Law School since 1985 on thc subjcct of prescnung cffectvc
oral argumcnts. Jack is currenuy a Mondale Fellow at thc Huberr H Humphcy Institule
of Public Affairs at (hc Urversiiy o Minnesola He scmes 0n Ullc Board 0f Dircctors of .
the Minncsola Insumutc for Legal Education and is a frequent conunuing Icgal cducalion
presentcr, wiuh a special focus on Uc Mnncsota Consrjqunon
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4m6.1
Hc has pcrsonally Jgued thrcc cases before thc United Statcs Sunreme Couri
Hodgson % Slate of Minncsola (1989). Perpich v. U.S. Depariment 0f Defense ([990),
J1 Growc V'_
Emison ( [992), winning Iwo_ He scrvcs Uic Utulcd Sulcs Disuict Cour (or
thc Disuict ot Minnesota as : mcmber Of bolh thc Fcdcral Praclice ComInilee ad the
Advisory Commitlec 0n Civil Jusuicc Rcform Jack currently Serves 0n the Exccutive
Commiltec and as Secrctary and immediale past-Trcasurcr of the Anerican Bar
Associaton Division on Govemment and Public Scctor Lawycrs. Hc was J mcmbcr 0f
thc Special Commitlee on Lawycrs in Goveramemt [hal succcss proposed
csublishing the ncw division Hc also (ounded and rcccntly complctcd 4 (wo-year Icm
as Co-Chair of the Public Law Scction of thc Minnesota State Bar Associarion. He .
scrved a5 4 delegate from the Amcricar Council of Young Poliucal Lcaders (0 Russia in
December [991. He was a delegatc to te Democratc Nauonal Convcnton both in 1988
ad in 1992.
He is thc 1991 rccipicnt of tlc Marvin ward Irom Ihc National Assnciation 0f
Attomcy: General, annually presented to the mOSt outstanding assisuant anomeys gcneral
In America: He received thc [988 President'$ Distinguished Servicc Award from NAAG
for his work J5 a1 cditor Of thc book Office Of Atlorney General: Powers and Dulics: He
has lectured at each"of NAAG'$ Managcment Traitung Scminars ad at numerous NAAG
mceligs and scmunars. He chaired thc 1990 and the 199[ Chief Dcpurics Confcrences
and has donle {Icqucnt management consulung for alomeys gencral and their staffs. Hc
chaired the first NAAG Management Review Tcam for the Idaho Altorncy Gcncral '$
Office in 1991 and scrved on thc NAAG Managemert Review Tcam for thc Arkansas
Attomcy General's Officc In 1992 and llle Ohio Allorcy Gencral '$ Office in 1993. He
chaircd thc Revicw Tean for thc Vigin Islands Anomcy Gencral '$ Officc in Septembcr;
1993.
In [990, he scrved as a membcr 0f Govcrnor Perpich '$ Selcct Commi tcc o the
lmpact o [Jrugs 0n Crirnc. Education and Social Wclfare. From 1987-91. hc was 4
member o thc Synod Council of the St Paul Arca Synod 0f the Evangclical Luthcrari
Church in Amenica. In 1985, hc co-chaired the Miunesoa State Bar Associa-
tion/Atoricy Gerieral Task Force 0r Lcgal Advice t0 Farmners: and In 1983. lle was 4 cO-
foundcr 0l the Minnesota Pregnancy and Infant Loss Cculcr: He scrved as Chair of the
Washington County Plunning Advisory Cltimission frorn 1989-1992. Ile 1s curently
Chai 0l the Board 0l Dreclors o Family Service St Croix, Vice-Cliau of thc Sullwater
Ciry Charler Commussion and d member of thc boards Midsummner: A Minncsora Fcstval
of Music ad ule Norwegian-American Fistonc: Associauon.
He bves in Suliwater, Mnnesola_ with his spousc, Kathryu, who 1s Fresident 0f the
Twin Ciries public relariors firm, Tunhcim Santrizos. Inc_ and thcir Iwo children.
Eluzabeth and Sanuel
TUNTUA"'
fully
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"vv ,
HENRY F GRAFF
Professor Emeritus of History _ Columbia University
Born in Nev York City on August 11 , 1921 he was educaled in
thc public schozls_ including City College_ where he received a
B.S: s dcgree magna cum iaude in 1941_ ana was elected to Phi
Beta Kappa In 1942 &; he received the M-A: degree from Columbia
University_ and in 1949 thc Ph. D He meanwhile. had enlisted in
the Army Shortly after Pearl Harbor and rose from private to
first lleutenant in the Signal Corps before going on inactive_
17`
status in the early part Of 1946 _ His principal service' was as 3
Japanese language officer with the Arwy Security Agency (prede-
ccssOr of the National Security Agency) Khich was charged with
responsibility foc reading ` toreign codes and ciphers_ He
rcccived a War Department citation and the Arwy Commendation
Medal
Upon returning to civilian life_ Graff taught for a semester
in the History Department of city Coilegc bcfore accepting
an
appointment
as lecturer at Colunbia in the fall of 1946_ He
remained at columbia thereafter until he retired in 1991 . rising
through the ranks to Professor and Chairman of the Department of
History in 1961_ (His term as Chairman ran to 1964 .) He has
been a visiting professor at Vassar College_ and he has lectured
on many campuses including those of the service acadenies He
has been thc Distinguished Speaker at the United states Air rorce
Academy_ and the Sol Fcinstone Memorial Lecturer at the Jewish
Theological Seminary In 1992 he was the Dean' s Distinguished
Lecturer in the Humanilies at Columbia S Collegc of Physicians
and Surgeons_ In 1993 he lectured at Lhe Yale School of Medi-
cine
Graff' 5 tield of specialization is Uniled scaces history ,
and within it, the history of the presidency of thc United Scales
ana the history of the foreign relations of the United states_
Ile taught courses in both subjects at Columbia Khere he was 1
Jeember of the facultics of Colubia College_ the Graduate School
of Arts and Sciences and the Schoo} of International and Public
Affairs_
Graff served for six years on che National Historicdl
Publications Comission (1965-71) to which he had been appointed
ard then reappointed by Presidenl Lyndon B < Johnson Beginning
in 1971 he served for a number of. years on the Historical
Advisory Conittee of the United States Air Force by appointment
of the Secretary of the Air Force _ In 1993 he was nominated by
President william J _ Clinton for membership on the rewly-es-
tablished Assassination Records Review Board _
Graff' s books include Bluejackels with Perry 1n Japan ,
published by the New York Public Library _ and Tte Modern ReSear-
cher (with Jacques Barzun) first published Harcourt Brace in
195,7 and nov in ils Fifth Edition (1992) the text edition
currently isshed Harcourt and the trade edition by Houghton
by
by
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Mifflin_ Usually described as 1i the classic work on research ana
writing, 6 it has been a Book-Of-the-Month choice and a selection
of the Quality Paperback Book Club Graff S best-know genera [
work is The Tuesday Cabinet: Deliberation and Decision on Peace
and Wac under Lyndon V_ Johnson Prentice-lall _ 1970) which Yas
based on extensive conversations over a period of years vith the
President ana his principa [ advisors_ chiefly on the subject. of
the Vietnam War_
wcll-established standard reference work is Graff's The
Presidents: A Reference Iistory (Scribner _ 1984 ) On invitation,
Graff presented a copy to President Ronald Reaqan for placement
in the white House Library _
Graff is also the author of widely-used high -school and
junior high school American history textbooks: The Adventure of
tbe Aerican people (with John As Kront:) The Free ana tpe Bravc ;
The Grand Experiment (with Paul Bohannan) S~ 8[1 originafly
published by Rand McNa Ily & Cowpany and noh by Houghton Mifflin
company ; This Great Nation (Riverside Publishing Company 1983) ;
and America: thc Glorious Republic (Houghton Mifflin Company ,
revised edition 1990) _
Graff has written extensively for thc lcading historica [ and
popular journals and magazines_ Ilis book reviers have frequently
appearea in The New York Times Book Review and his topical
articles-- on the Presidency arid on international a[fairs- in
'The New York Times Magazine ana on the op-ed pages of The New
York Times and the Los Angeles Times_ He has contribuled many
articles to the Dictionary Of Aerican Biography and to other
encyclopedias and compilations, including the_ new Encyclopedia Of
the American Presidency
Among Graff' $ severa] current writing projects is a book 0f
essays on selected aspects of presidential history.
For most of the years from 1950 to 1967 Graff uas the
historical consultant to Time _ Incorporated. He was the Consult-
ing Editor on Life's History of the United states (twelve
volumes) During these same years he was the director of the Cbs
News and Public Affairs Fellowship Program at Colunbia Universi-
ty_ Tn 1976 he was the historical consultant for CBS 5 bicenten-
nial series, The Aerican Parade In 1986- he was the consul ~
tant for ABC' s acclaimed series_ Qur Wocld In 1987 he was the
historical consultant for ARC' s The @lessings of Liberty, a
television special celebrating the bicentennial of the Constitu-
tion_ In 1989 and again in 1993 he served as historical commen-
tator during the telecast of the Presidenbial Inauguration on the
ABC network anchored by Peter Jennings _ He has frequently heen
a discussant on public affairs programs_ Ac present he is a
consultant to ABC on its planncd series of end-of-the-century
documentaries_
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In 1966 Graff received City College' 5 coveted Townsend
Harris Medal in recognition of distinguished post-graduate
achievement in his chosen field_ He has been honored with
Columbia 5 Great Teacher Award and with the Hark Van Doren Award _
bestoued by the student body of Columbia College [or distin-
guished teaching and scholarship_ In 1990 he received the Kidger
Award of the Neu England History Teachers Associalion for
distinction as teacher and author
Graff was honored with a Senior Fel louship at the Freedom
Forum Media studies Center (formerly the Gannett Foundation Media
Center) at Columbia for the academic Year 1991-1992 _ in order to
work on his book of essays on the Presidency_ tentacively
entitled "The Role o[ the Press in Shaping the Persona of the
Presidency. 0
Graff serves as a member of che board ox Directors of the
Rand McNally 'Company, whose headquarters are in Skokie_ Illinois,
ana has served on the Doara of Trustees of the Columbia Univer-
sity Press He is President Of Columbia 5 Friends 0E the
Library_ He is chairman of the editorial board of Constitution
wagazine_ and was a member o[ the edilorial advisory board of the
four-volume Encyclopedia Of the Nerican Presidency pub] ished by
Simon and Schustcr in 1994
Graff' s professional societies and affiliations include the
American Mislorical Association, the Organization oc American
Historians_ the Society of the Historians of Amefican Foreign
Kelations P.E:N_ ana the Authors Guild_ Ie is a Fellow of thc
Society of American Historians He is also a menber of the
Century Association and the Council of Foreign Relations
Graff is married to the former Edith Krantz They have two
daughters_ Iris Joan Morse (Mrs_ Andrew RS Morse) and Ellen
Graff_ a partner in the law firm of wier _ Malkin 6 Bellex_ The
GraLfs reside at 47 Andrea Lane _ Scarsdale, New York 10583 _
February 6 , 1994
Additional details may be found in the current edition of who ' $
Who in America_
3
Toby
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iu 4 J 4J 04( 4 : 4 > "4.( 40 : ' <1 04W ' A~nV 'uu .
WILLIAM L JOYCE
EXPERICNCE:
Princelon Untverslty
Assoclale Unlvarslty Librarlan tor Rare Books end Spccial Collections, 1986-
Thls posllln entalls managlng the Rare Books and Speclal Colloctons Dapartment 0l be Prilncelon Universlty Libran
Includlng suporvlslng a pormanent staff of about 45, overseelng tia budget plannlng t1o Ocpartmants ptograms
(Induding acqulsttons, cataloglng; collection dovebpmont conservation; relerenco and access.exhiblllons, and
publications) and space neads, and revlcwing and rovising as necessary policles and procedurcs for the:Ocpartmant
Additional responsibllilles Include sltting on tho Library Council wtkch assists Ule University Librarlan In directing _
thc Princelon Universlty LIbraries, and servlng as lialson lor the Library lo the Friends ofthe Princelon University
Library (Ol wtich am also Secretary):
Columbia Unhversity School 0 Library Servlce
Adjunct Faculty: 1984 -1992
Thls appointmant Involved Icaching thrco coursos, a' Iecture coucsc "Curalorshlp ol Rare Books and Speclal
Collections: . a seminar, "Problems in Archival Administration," and a seminar on rare books (co-taught with
Terry Bclanger) until the University closcd te school in July, 1992
Tlie New York Publlc Library
Asslstant Director lor Rare Books and Manuscripls: 1981-1986
Thls posltlon Included plannlng tor end managing the Rare Dooks and Manuscripts and Archtves Sections
es well aS tio Arents Collactions of Iobacco &nd Books In Parts: The position emphasized developing the
Aere Dooks and Manuscrpls Oivislon's programs and spaco nccds. overseeing the budget, supervising a
pcrmanent staft ol 15. and reviewing and revislng as necessary procedurcs for_ the continulng development arid
managemcnt of the Librarys rare bodks, manuscrpls and archives holdings I also participaled as a cucator i
the inaugural exhibition In Gottesmann Gallery. "Censorship: S00 Years.'
Amerlkcan Antlquarian Society
Education Officer, 1977-1981
With the assistance Ol a grant lor the Andrew W. Mellon Foundation,this posilion was created t0 plan and
implement scminars, colloquia, lectures, an academic conference, readirigs; an adull educalion course.
and muslcal pertormanccs thal improved scholarly use 0l AAS holdings and made the Society a more
vislble cultural resource in the rcgion.
Curator Ol Manuscrpts, 1972-1981
In addilion to managing acquisitions and providing relerence assislance t0 readers, this posilion enlailed
supervising a six year project, lunded by the National Endowment for thc Humanities. lhat provided
lor the systemallc arrangement and description ol the Society s manuscript collcctions. (see Fublications)
William L. Clemanis Library. The Unlversity of Mlchigan Manuscripls Librarian, 1968-1972
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2M : ~4 4 , 1rn" WJ (dis
William L. Joyce 2
SELECTED PAOFESSIONAL ACTIVITIES:
Socicty o Amarican Achilsls
Committee on Prolessional Standards, 1987-1992 (Chalnan, 1988-1989)
Vico-Presldent then Presldent 1985-1987
Councll, 1981-1985
Cochalman, 1981 Program Commitlee. Annual Meating: Borkeloy: CA
Fellow, 1981
Mambcr. Commitlee 0n Archival Infonation Exchange. 1982-1984
Chairmian. Task Forceon Institubonal Evaluaton, 1977-1982, (see Publlcallons)
Member, Commlttee on Education and Prolcssional Development 1976-1985
Rare Books and Manuscrlpts Section, Assoclation ol College and Aasearch Llbrares
VIc-chairman then Cliainnan: 1987-1989
Planning Coinmitlee. 1991-1993
Continuing Educallon Committee: 1984-1986
Publicalions Committee, 1985-1989
Conservalon Cenler (or Arustlc and Hlstorcal Arlilacts. Philadelphia, PA
Board of Directors, 1992-
Bibliographical Socioty ol Amcrica
Chalnman, Fellowship Committeo. 1981-1985,
Advlsory Commitiee Chairan. Publishing History Sources Project; 1984- 1990
Aesearch Librares Commitlee, CO-sponsored by tha American Council of Leerned Socicles.
The Association ol Amorcan Universilics and thc Councll on Llbrary Resources, 1987-1990
The Crolier Club of New York 1983-Council, 1990-
Acsearch Librarles Group
Advlsory Task Forcc on Furictonal Requircments tor the AMC Formal 1980-1981
Commilleo on Archives and Special Collections. 1985-1991
American Historical Association
Member (elected); Prolessional Division Committee. 1979-1981
Now .larsey Slale Hislorical Aecords Advisory Board, 1987-
New York Stale Histoncal Hecords Advisory Ooard, 19841986
New York State Historical Documents Inventdry Advisory Committee; 1984-1905
Massachusetts LS.CA. Advisory Couricil on Libraries. 1975-1977
National Endowment lor (he Humarities: Panelist; 1975. 1980, and 1988
Numerous corisullirig assignmenls
SCLCCTED PUBLICATIONS:
"Foxes Guarding the Hlen House: Archivists in Speclal Collectons;
Provcnanc_Joumalol thc_Socicty_o Georgia Archivists V 7, no. 1 (Spring 1989), 53-60.
Arctiival Educalion: Two Fables: Ancucan Achlvist v. 51 (1988), 16-22.
"The Evolulion ol the Concept of Special Collectons in American
nesearch Librarles,' Rare_Doqks and Manuscrols Libradanshiq:' v.3 (1988). 19-30.
Ari Uneasy Dalance: Voluntarism and Prolessionalism" , Ancrican Archist; v.SO (1987). 7-12
Page
(ALA}'
City.
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"'7. 2 : 064v J0ni Wum "
William LS Joyco 3
SELECTCO PUDLICATIONS, conlinuod
"Rara Books. Manuscrpts. and Other Speclal Colloctions Malerials:
Integratlon or Separaton?" Colleqe eod Resoarh Lbrrles V. 45 (1984). 442*445.
'Archhlsts and Research Use." Aqedcan Achivlst: v- 47 (1984). 124-33
~Hlstorkcal Records Aeposttorias; In Documentaq Aqedca;
Assosslna te Condition ol Historcal Bexords Ja the Slatos: Lisa
B. Webar; ed (Washinglon, D. C: National Historical Publications and Records Commission, 1984):
wth Davld D. Hall, Richard D. Brow and John B. Hench; eds
Prting and Socictyjn Cadv_America: (Worcesler. Mass : Amarican Antiquarian Society. 1983)
with Mary Jo Pugh. Evaluation 0l Atchial Instltutlons: Secccs
PrnciplesGuldeto_Sel-Sludy (Chicago: Society 0l American Archivists, 1982)
'antiquarlans and Archaoologists: The Amercan Antiquarian Society;
1812-1912," Proceedings o(Iha Americg Anliquarag Societ V. 89 (1979). 123-52.
IIntroducton;" in Cataloque qf Iha Manuscripl Collcctous otthe Amcrcan Aqtiauaran Socichz
4 vols: (BosIon: G. K Hall and Co-. 1979).
wil: Michael G.Hall, "fhe Half-Way Covcnant of 1661: Soma New Evidencc;'
Ftocccdings ot he Amedcan Altiquaran Soclety V. 87 (1977). 97-110.
'Ediors and_Etnkclt: AHlstory oluthe_Idsh-Aocrkan Prcss_1848-1482 (New York: Amo Press, 1976).
EDUCATION:
Ph.D_ The University ol Michlgan, 1974
MA SL John's Unlverslyy (N.Y:). 1966
B. A Providence College: 1964
For more blographical infomation, see Who's Who_in Amcrica. 46th ed.
Page
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1
Rerit L. MaLl
Dean
Henry Kendal1 College of Arls & Sciences
Professor of Law and History
The University 0f Tulsa
Suite 111 Chapman Hall
600 South College Ave _
Tulsa_ OK 74104-3189
Tel : 918-631-2473
Fax: 918-631-3721
Internet: As KLII@VAX1 - UTULSA _ EDU'
Ewploxent and Education
Kermit Ls Hall is Dean of the College of_ Arts 6 Sciences ana
Professor or Law and History at The University of: Tulsa; where
he teaches undergraduate graduate, and law courses in
Alcrican: Constitutional and Legal History _ Until 1992 he was
a Professor of Law and History at the Uni versity Uf Florida
holding appointments in the Colleges of Law and Arts
Sciences He holds a doctoral degree from the University of
Minnesota and a law degree from Yale Law School
publications
Thc @xford Companion_ to the Supreme_ Court (Oxford_ 1992)
Which received che Aerican Library Associalion' s award Lor
"An Outscanding Rcfercncc Work or 1992 , M The Texas Bar
Association' 5 Avard for the "Best Dook on the Supreme Court in
1992 _ 6i The American Bar Association 5 Gavel Award for 1993.
and was a main selection of the Wistory Book Club for
September 1992 and bonus selection of thc Book of the Monzh
Club for September , 1993
By_ and For the People: Constitutional ignes in Amcrican
Wistorx (Harlan Davidson, "1991)
'The Magic_Mirror: Law in Awerican History (Oxford , 1990)
The Politics of Justice (Nebraska _ 1979)
Comprehensive_BibLiography 0f Alerican Constitutional and
Legal History (7 vols _ Kraus, 1984" 1991) which was selected
by Choice as an outstanding aCademic book tor 19u5
wilb Paul Finkelman arid William M. wiecek_ Anerican_ Lcga !
History: cases and Materials (Oxford_ 1992)
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Page 17
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with Eric Rise From Loca courts Lo Nationa! Tribunals
(Carlson_ 1992 )
with James w_ Jr _ un Uncertain IEadiliqi
ConsEitutionalism_ and thc Mistory 0 the soutb (Georg4a
19#9)
He is completing a case history of New_ York_Times V Sullvan
under the title Heed Their Rising Voices_ to be; publlshed
McGraw-Hill in 1994 and is Supervising the preparalion 0f; Lhe
Oxford Companion to Amcrican Law_ to be published by Oxrord
University Press in 1995 Me is also the aulhut 0f more than
60 scholarly articlcs and cssays in books_
Drofessional Activities
Professor Hall has been a Fulbright Scholar in Finlan and a
visicing Scholar at the American Bar Foundation; he Has also
held grants and Eellowships from the National Science
Foundation_ the Natonal Endoment ror the Humanities_ Lhe
Ameriean Council of Learned Societics , the Exxon Education
Foundation_ the Rocketeller Foundalion_ the U . $. Depa-cmenl
of Educalion , and the Pew Charitable Trusts He has als0
lectured and corducted seminars on the American legz 1 syscCm_
legal education, and legal history in Poland and
Czechoslovakia.
Hall has served as A consultant for script preparatior ana
production o[ several celevision programs and documentaries
including "The Federa) city" (Maryland Public Broadcast
[989) prayer 1n- Lhe Public Schools" (Maryland Publie
Lroadcasting _ 1939) "Frohibit.ion and Consuituciona] cnange"
(Maryland Public Broadcasting _ 1989) and "Sinple Juscice"
(New Images Productions and WGaH 1993)
Hall is currently chairperson of the Bill of Rights kaucatlon-
Collaborative , 2
joinc effort of the American Hiszorica]
Association and the American Political Science Association to
promote teaching: about the Bill of Rights in primary ana
secondary schools a member of the Editorial Board of the Law
& Society_Review Associate Editor of Lhe American Joural 0t
Legal_ Wstery ' editor of Bicentennial Essays on che BilL 0L
Rlghts a monograph serles published by Oxord University
Press_ co-editor wich David 0' Bricn of ConstitwiqnaLsm_ ad
Democracy a monograph serles published by tte University
Press of Virginia _
a member of the Board Of Directors 0f the
Ok Iahoma School of Science and Mathematics the ERIC
Clearinghouse for Social Studies Education_ and a member of
the Board of Advisors_ American Bar Association S Comission
on College and University Nonprofessional Lega 1 Studies_
Ely ,
by
ing
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4u 1 " Jj IM( 4 <.-0 "A.1 :U : 1:1 04. 1nl, YU | :
Anna Kasten Nelson
3121 Quebec Pl . N.W_
Hashington , D- C- 20008
George Washington University Ph - D. Mistory , 1972
ACADEMIC POSITIONS
Adjunct Professor in History
The American University _ 1986-1988 _ 1992-
Visiting Professor in History
Arizona state University , spring 1992
Associate Professor In History
The American University 1991
Adjunct Associate Professor in History
Tulane University_ 1988 ~90_
Instructor to Adjunct Associate Professor in History
George Washington University 1972 1985
Directlor History ana Public Policy Program
George Kashington University , 1980-82 _
SELECTED CONCURRENT POSITIONS
Consultant, Historical Division Army corps of Enginccrs_
1985-1989.
Project Director , Committee on the Records 0[ Government
1983-1985_
Historical Consultant; National Academy Of Public
Administration Panel , "The Role of the President in
Managing the 'Federal Government_ 1979-80 _
Consultant Congressional Research Service_ Library of
Congress_ 1978-1979 _
Regearch Associate_ National study Commission on Records and
Documents of Federal Officials, 1976-1977_
RECENT AND OTIIER SELECTED PUBLICATIONS
"Iistory as a Period Piece?u (Feature Review)
Diplomatic History , Winter 1995_
"The Importance 0f Foreign Policy Process: Eisenhower
and the National Security Council in Fisenhower: A
Centenary Assessment LSU Press _ 1994 (forthconing)
"George Aiken: Scnator from Vermont , Vermont_Wistory
forthcoming)
"Hayne Morse 0 Robert Cutler," articles for American
Natioual Diography- forthcoming)
"The Ubiquitous Mr Clifford, I( (Review Essay)
Diplomatic_Historys_Winter 1993 _
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Page 19
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(iu 01( 1"1 1':. :m : 0:4 W4J , Aonl Vi[J
"The Historian' s Dilemma _ I( (nderstandingCongress:
Research Terspectives GPO_ 1991 -
I( President Kennedy' $ National Security Policy: 1
Reassessment _ 0 Reviews in American Wistory' March 1991 _
"John Foster Dulles and the Bipartlsan Congress , It
Folitical Science Quarterly Spring, 1987 _
"President Truman and the Evolution of the National
Security Council_ Journal 0f Acrican_History' september
1985
'On Top of Policy Hill": President Eisenhower, and the
National Security Council. U Diplomatic History_ Fall, :1983
State Department_PoLLoy_Planning _ Staff
Papers' 1947-1949 (3 vole.) (ed.) Garland Press 1983
"Destiny and Diplomacy_ 1045-1865 _ Haynes/Walkcr_ eds _
Anecican Foreign Relations A Historiographical Revicw
Greenwood Press _ 1981 _
SELECTED PROFESSIONAL ACTIVITILS AND ORGANIZATIONS
Guest Editor "Rethinking the Cold Wac, 16 Organization O
American Hlistorians Magazine @f History Winter 1994
More than three dozen appearances at
scholarly meetings
on Anerican foreign policy federal inforatjon icy _
congressional research and public history
Articles on access to public records in The Chronicle of
Higher_ Education 1988 and 1992 ; OAHI Newsletter_ 1984 ;. SHAFR
Newsletter (Society for Historians of American Foreign
Relalions) June ~December 1977 _
Amcrican Historical Association
Member Jt_ Committee 0f mistorians/Archivists , 1989-91.
Menber (elected) Research Division_ 1986-89
Organization 0f American Historians
Departwent of state Advisory Committee on Ilistorical
Diplomatic Documentation 1992-1994 _
Committee on Access 1982-1988 (Chair_ 1984-1986)
Consultant and Panel Participant_ National Endowment of the
Humanities (1983 _ 1987 1988 1990 _ 1991)
Testimony before Congressional Committees for AJLA an
OAI on access to public records and archival policy_
(Novemher 198 1 ; March 1982 ; Juric 1983 ; Scptcmber 1986 ;
Septenber 17 _ 1986 )
2
po}
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DAVDD G. MARWELL
Biographical Information
On July 1, 1994, the Berlin Document Center (BDC) was tansferred to the German
Federal Archives (Bundesarchiv) marking the end of nearly 48 years of American control
of this unique organization ' With an estimated 25 million Nazi-era personnel-related files,
the BDC was Once a 'crucial source of evidence for the Nuremberg Trials and is today'an
incalculably important source for the study of the Third Reich. The transfer also marked
the end of David Marwell'$ tenure as Director of the BDC.
A well-trained scholar with a PHD in History, Marwell came t0 Berlin in 1988 from
the Office of Special Investigations (OSI), U.S. Departnent of Justice where he-held the
position of Chief of Investigative Research At OSI, he was involved in' Iesearching and
preparing cases against accused Nazi war criminals residing in the United States. In
addition, he was selected t0 participate in the Klaus Barbie Investigation (1983) ad played
a
major role in the Josef Mengele investigation (1985), both of which received
international attention:
In connection with the Joseph Mengele and Klaus Barbie investigations, Marwell was
in charge of assembling all relevant documentary evidence relating to any possible
connection between .these individuals and U.S. institutions O personnel: The
investigations were two of the most unusual ever undertaken and through them he gained
siginificant experiences in the identifying and locating documentary resources; The former
Director of OSL, Allan A Ryan, Jr, in his book Quiet Neighbors: Prosecuting Nazi War
Criminals in America, described Marwell as an experienced and careful historian who
could find documents in archives when no One else could.
When Marwell arrived at the Document Center; the institution had been rocked by a
scandal involving a significant theft of documents The resulting focus On the Center
revealed that it had been neglected in many areas for many years and suffered from-an
outmoded administrative structure, a disaffected and undertrained staff and a lack of
professional guidance. It was Marwell's job to the Center up t0 standard and prepare
it for turover to the Geman goverment:
The challenges facing Marwell were not only to manage a complex institution (with
an annual budget of eight million deutschmarks) and repair past deficiencies; but also to
define a future for an institution in transition. He prepared a "five year plan" for the BDC
that set five goals, developed a corresponding program to meet each goal, and designed a
system to monitor the progress In achieving ali of the goals, Marwell:
Introduced computer technology (there was not a single computer at the
BDC when he arrived) and developed a sophisticated , integrated infonation
retrieval system that has been described as a model for archive
administration;
Created a fully professional document conservation and restoration program;
Developed a staff (50 Germans ad 20+ Americans) that is better trained and
far more responsible, flexible and creative than it had been;
bring
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CiA HAS NQ OBJECTION TO
DECLASS FICATION ANDIOR
RELERSE QECIA NFORMATION
IN THIS DOCUIENT
NOKINATIONS HEARING
before the
BENATE COMMITTEE ON GOVERNENIAL AFFAIRB
on
Tuesday , February 1, 1994
10:00 a.2 ,
Room 562 Of the Dirksen Senate Office Building
5 I $ N € 8 8 L I 8 T
MEMBERS _ ASSASSINATION RECORDS REVIEW BOARD
Henry Franklin Graft
Nominee
Kerait La Eall
Nominee
TO BE INTRODUCED BY :
The Honorable Davia La Boren
Unitea States Senator (D-OK)
illian La Joyce
Nominee
Anna Kagten Nelson
Nominee
Jobn Ra Tunbein
Nominee
TO BE INTRODUCED BY :
The Honorable Paul Wellstone
United States Senator (D-MN)
* * * * X
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Page 22
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BIOGRAPHICAL AND FINANCIAL INFORMATION REQUESTED OF
HENRY FRANKLIN GRAFF
A= BIOGRAPHICAL INFORMATION
1 Name: Henry Franklin Graff
2 Position to which nominated:
Member , Assassination Records Review Board.
3 . Date of nomination: November 5, 1993 .
4 Address: 47 Andrea Iane Scaredale , NY 10583-3115. Office at
same address .
5 . Date and place of birth: August 11, 1921 , New York , NY_
6, Marital status: married, Edith Krantz
7 Nanes and ages Of 'children: Iris Graff Morse, 45 years Old;
Ellen Toby Graff , 39 years ola
8 Education:
George Washington High School, New York, NY 9/33-6/37 academic
diploma 6/37
College of New York , New York, NY 9/37-6/41 B.S. in_S.S,
6/41
Colunbia University, New York, NY 9/41-5/42 M.A. 6/42
3/46-6/49 Ph:D. 6/49
9 Employent record:
Fellow , Department of History, City College Of New York 9/41-
6/42
Tutor in History, City College of New York 2/46-6/46
Member Department of History, Columbia University 9/46-6/91,
ribing through the ranks Erom instructor to full professor,
serving as Chairman , 1961-64 .
Senior Fellow_ Freedom Forum Media Studies Center , NY , 9/91-
6/92
10 . Military Service:
6/42-5/44 A.U.S: , Private to T-3 _ honorable dischargea
5/44-3/45 A.U.S_ honorable discharge as First Lieutenant,
Signal Corps (cryptanalytic and Japanese-language officer)
city
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HENRY FRANKLIN GRAFF , cont'd
11- Government experience:
Member National Historical PublIcatlons CommlbeLon , ap-
pointea by President Lyndon Ba Johnson , 1965 , reappointed ,
1968
Member , Historical Committee, United states Air Force, 1972 -
80 .
12 _ Previous Appointments: No.
13 _ Business relationships:
Director_ Rand MCNally { Company _ Skokie, IL
Partner Parkview Realty Company , Yonkers , NY
Secretary-Treasurer, Graff-47 Realty Corp_ Scaredale, NY
Chalrman, Friends Of the Columbfa
Univereity Cibraries
Forner trustee, Columbia University Press
14 - Memberships:
Phi Beta Kappa _
0
Phi Beta Kappa Associates , the American
Historical Association , the OrganLzation of American His
torians_ the Soclety of American Hlstorians Society Of the
Historians Of Anerican Foreign Relations Center for the
Study Of the the Authore
Guiia,
PEN the Century
Association,
Bxeniagadle coentuthciabG
the Council on Foreign
Relations
15 _ Political affiliations and activities:
(a) none
(b) none
(c) none
16_ Honors ana awards :
Fellowship, American Council of Iearned Societies, 1942
Army Commendation Medal 1945
Townsend Harris Medal_ the CIty College Of NY , 1966
Mark Van Doren Award Columbia University, 1981
Great Teacher Award Calumbia University 1982
Kidger Awara Of the New England History Teachers Associa-
tion, 1990
Senior Fellowship, Freedom Forum Media Studies Center, 1991-2
2
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HENRY FRANKLIN GRAFF cont'd
17 _ Published writings:
BOOKS :
Bluejackets_with Perry in Japan (New York, New York Public
Library (1952)
The_Modern_Researcher (with Jacques Barzun) (New York , 1957)
Iatest eaition is the Fifth, Publishea in 1992-- hardcover
edition by: Houghton Mifflin Co. paperbound edition by
Harcourt Brace _
The_Adventure of_the Anerican People (with John A, Krout)
(Chicago_ Rand MeNally 8 Co. 1959 , secona ea.
1
1968 , thlra
ed_ 1973) Anezican
Themes:_Selected Addresses of_JohnAllen_Rrout (wlth
Clifford La Lora) (New York, Columbia Universlty Press,]
1963 _
cons. ed _ The_Life_History 0f_the_Wnited_Statee, 12 vol ,
(New York , Tlme , Inc. 1963-64)
The Eree_andthe_Brave (Chicago. Rand MCNally Coa 1967 ,
Becona ed_ 1972 , thira ed. fourth ea_ 1980.)
wlth the
Eaitors
of Silver
'Buzdete,
Thowas_Jefferson
(Morristown, NJ _ 1967)
ed. American
imperialisn and_the_PhLLIppine
Insurrection
(Boston, Dittle Brown & Co. 1969)
The_Tuesday_Cabinet: DeL_beratfon and_Decision 0 Peace_and
War under_Lyndon ByJohnson (Englewood Clffs , NJ , Prentice-
Hall 1970 _
The_Call of_Ereedom (with Paul J , Bohannan) (Chicago , Rand
McNally 6 Company , 1977)
The Promiee Qf_Democracy (with Paul J, Bohannan) (Chicago,
Rand MCNallY 6 Company, 1977
This_Great_Natton: A History Of the_Wnited_States (Chicago,
Riverside_Fubl shing Co. 1983)
America: The_Glortous_Republjc (Boston, Houghton MLfflin
1985 _ Secona Eaition, 1990)
The_Presidents: A Reference History (New York , Charles Seribner' 8
Sons _ 1985)
CHALTERS_ 0B BOOKS :
"Problew 0f the Interregauw, Iq The_Dxnaetce 0 the_AnerLced
Preetdeney. CoopIled and ediced by Dona1d Burce Johneon
end Jack L, Halker, Nev York: John WIley end Son0 Inc . ,
1964 , PP. 125-128 . ReprLoted from The Nev_York_Iieee
MegeeLne' . October 2 , 1960,
PP, 15, 88-89 _
Charlee RIver BrIdge Caee, In Querrele_ That Beve_Sheped
the_ConetAtutLon ; Ed _ by Joha A , Getrety, Neu York:
Harper end Row, 1964 PP . 62-76 . Colophon edItIon (Hasper Papecback),"j988_
1g Chapter "AwerIcen IoperIe1180," In John A Garrety and Peter
ed9 . The ColuobLa Higtorx 0f the Hord (Neu York, 1972;
Co.,
"The
81 ,
Gey ,
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HENRY F GRAFF cont'd
ARTICLES '
"The Eerly Iepact of Jepen upon AderIcan agrIculture, AgrLculturel
BLetorx: 23:2 (AprIl, 1949) , PP; 110-16 _
"The Leeeo. Of 8 Japeneee RevolutIon= PoLLtLcal ScLence_QuarterLx,
65 :3 (Septeeber 1950, PP .
{51-i0)
"Bluejeckete BIth Perry In Jepan, Nes_York_PubLLe_
55:3-22, 66-85 , 139-47~ 162-80 , 225-40 ,
14;376-87,
749-50
"Kouledee for Freedom, 10 BelELoore BulletLn 0f EducetLon, 31-4,
APtII 1956 .
"Pley1og PolIEIcal Poseue Ien ' € Eaey , The Ner_York Ewee_MegegLne,
Jude 26 , 1960, PP. 13 , 40-1,
"Probled 0f the Iaterregnum, 1q The Neu York Ioee_MegegLne, Occober
2, 1960, PP, 88-9 _
"BIpartieanshiP: Only a Dream , xhe New York Ipeg_Mdgagtne ,
December 25, 1960, RP: 8 , 12-3 _
"QuIpeaetere 0f PolItIce _ The Nerz York TIaee Megestne, September
17 , 1961, PP , 16, 39-41.
"The KInd of Mayor LeGuardla Wae , " The Neu York Iqee_HegegLne'-
ccober 22 , 1961, PP. 46, 52-3 _
"McGuffey 6
Leooono-Fand Un-Lebwqne The Ner Xork Tqeg_Magag:ne,
Docember 3 , 1961, PP , 50-2,
lio-15
"The College Survey Couree' Io AmerIcan Atecory, Soctel_EducaELog,
258281-3, October 1961.
"CEEB Advenced Plecedent Exe@Iae tIon : AderIcaq BJetory 4 Coomentary
by Benry Po Graff, 00 SecLal_EducetLon 26 $ 251-62 , 1962 _
"Deceaee o8 the Log-Cabin Legend , Ihe Nenz_York Iqee_MegaeIne,
Jude 30, 1963 =
"LIfe WIth Yather, che PreeIdent= Ihe_Ner_York Ioee_Megeekoe,
July 16, 1963_ ReprIated The MLlueukee Jouroel'
Novedber 13, 1963.
"PreeervIog the Secrete of che Whfte Houe e The Neu__York Ifpee
Megautne' Decedber 29 , 1963 ,,P; 9 , 30-1.
"From TIppecanoe to Scraocod, Too, The Neu_York ILeee_MegegLne,
July 5, PP . 11, 16 .
"A Beartbee€ Awey , " AperLcen_HerLtege, XV, No . 5 (Auguet , 1974) ,
81-87 .
"The Mao Who 7" Lobee , The Nev York ILqee_MegegLne, Noveaber 15 , 1964 ,
PP .
36 ,' 132, 136 .
"The PreeIdeacy,by the Pree dente 10 The Nec York Iaee MagaeLne ;
AprII 12, 1966 , PP , 18-19
ios
"IsoleclopLee 4ge10 DIth 0
Difference,
10 The Newz_York Iqee
MegeeLae' Mey 16 _ 1965 _ PP , 26-27 98-100 . ReprInted In
congre88_onal Record , 1fI No . 93 Mondey , Hey 24 , 1965 ,
10981-83 , Aleo reprIoted In EreedodHouee Repriot_SerLeg,
No , 17 _
494128-%348-J48;,
Mey _
1964#
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13-00000
HENRY F . GRAFF cont'd
"Decl6 Ion Io VIet Nan : Hou Johoeon Maekee Forelgn Ihe
Ner York Tqee_Hegaetne' July 4, 1965 , PP , 4-7 ,
Reprlated In Robere A, DIvLae , ed , , Aqecicen_RoreLgo
RolLcy SLnce_1945. ChIcego : Quedrengle Booke , 1969
PP . 215-32 , AbrIdged , The Sunday TIdes (London) , July
4, 1965 , PP' 11; 13 _
"Teach-In 0n The Nev__York Ipee "MegegLee' Merch 20 ,
1966, PP . 25,
"The Wealth of Pre8Idente, AeerLcan_HerLtege, XVII, Yo. 6' (October,
1966) PP , 4-5, 106-111,
"PatrIotIc Valuee Iq AderIca $ An BLetorIen ' e' VIed, " Pergpecc_vee
Ln Defenee Henegedent' Aubuet, 1968 , PP . 1-17_
01 "Troubied AmerIce Lo Cheng og,' (Bez_%L_Yen-ce4te4 Re#st/44,
Jp YonLurt Shtebue (Tokyoo; cedber 28, 1968 . PIco€
serIea , "Thze I0 aberIea" (Zoku Kore 8
Apertka d) .
Subeequen€ artIclee vete "Trend 0f che TIdee , Bieck-HhIte
coexIetence (Tokt no negara 'Kuro_ShLso kxoeoa ')
October 6 , 1968; TThe Dzffcult Pertod of PolItical Be=
organLea€Ion, (seLl_eathenkt n0 neyeez) October: .8, 1969 .
Aleo, Iq EnglLeh, AderIcane Auare of Need co Adjuet Foretgn
1 PolIcy," Novedber 5 , 1968 ,
"Tran8_tIon e€ che WhIee Houee, The New_Leedee, LI, No , 25
(December 30 , 1968) PP 3-7 .
"Selo W, Baron : BIe corIan 0f the Jeue" (Syepoeiun) , JerLeh_HerLtege'
XIo No. 4` (Sureer , 29698, PP . 45-47 _
"Part_eIpatory Foresgn PolIey The Nec Leades, 1141, No = 5
(Mercb 2 , 1970) ; PP, 10-15 , ReprInted In CongreeeLonel
Record, cxvI, No . 6 (Pridey , Merch 20 , 1970), 84131-3 .
00 'Ordzoery Meoy " 08 Pree dent , The Nev Leadet, Septedber 2 ,
1974 , PPa 7-9 -
Iadepeadence to Interdependence_ In AqerLca aC
200,
BeedlIae SerIee , 00, 227 PP , 36-60 . New York, Fore18n
PolIcy AeeocIatIon,
Inc' i975
"The Pree dent end che Pree0, " Iq CoverLog_the '16_BLect_one:
DLalogue Becizee@ Journalete end Sec4e2ScLent !ece
(Coluwbza Jouraa]7eo Monogcaph , NO . 2 , 1976) -
"To Chooee 8 Pree_dene, " PublLebed March 7 , 1976 (urItted for
Aeeocleted Preee) =
AperIcane Underetand Democracy?" 10 Perepect_vee Lo DeEenge
Menggedent, No . 26, WIoter 1975-1976 ,
PP . 69-77 ,
"Pree_dente a8 Peneen, " Jo Dora B _ WeIner: and HIIIIeo B , Keylor,
ede , Erom Parnaeeuel _ Beeye_ Jn Hono 0f Jacquee Becgud,
Neu York, 1977 .
"Lyndon B , Jobneon : Fruetreted Achlever _ In PhIlIp C . Dolce
sndGeorbe Skeu, ed0 , , Power and the PreeLdencr, (Nen York,
1977) ,
5
P24cla-2o.
848548*i28-133
Sep
"The
"Ftod
"Do
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Page 27
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13-00000
HENRY F. GRAFF cont'd
"PresIdente are Now Mayore_ The Nerz York_ILdee, 18 , 1979 . "ElectLog CIvIllane Ihe_Ner_Yozk TDee, February 22 , 1980 .
"Threate co Pre8_dency ,
The New_York_Ttpee, July 25 1980 _
"The Vertog of che 0,5 PreeIdency ; An IntervIew uIth Henry
R Graff , 11 by Ce1l Cleveland , ColumbLe, Pell, 1980 ,
PP . 33-7 .
MISCELLANEQUS_PIECES :
BLogrephIcal eketch of Jecob Ruppert Ip DLet_onery 08 AqerLcen
BLoBgeghx, Suppleeent 2 , PP , 589-90 (New York, 1958) ,
IntroductIon to Margeret Baeeect, ProfLLee and PortraLte : 0f
ApecLeen_PregAdente' (Preepott, MaIne , 1960)
Prefece co Jadee Waraer Bellah , SoldLera BettLe!CeEsyeburs,
Nee York 1962 _
REVIEN ESSAXS AnD REVIEHS
Nudaroue revIewe and revIeu artIcles for:
AnerLceq BLetorfcel RevLer
Journal 08 Hodern Heterx
Paxticel Scence QurteElx
The Ner _Leade
ColunbIa Lay_Revlee
Securdey Revzee
The Ner York Mdeg Book_RevLey
July
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HENRY F GRAFF cont'd
I have also contributed biographical sketches over the Years to
the Dictionary_ 0f Anerican Biography. These have allowed me to
indulge my affection for baseball- I have written the sketches
of
Ty Cobb
Lou Gehrig
Rogers Hornsby
Mel Ott
Jacob Ruppert
Honus Wagner
Heine- 2Innerman
Yet to be published are those of Casey Stengel and Jackle
RobInson , which will appear shortly In the iatest Supplement
volunmes of the DAB .
I contributea the articles on Gerala Ford and Branch Rlekey to
the Reader'8 Companton to_American Hietory (Boston, Houghton
Mifflin, 1992)
I contributed the articles on Lyndon Ba Johnson_ the Great
Presidential retreats , and
Bres 8entoni
secretaries to Secpebi;
be
ishea
in the forthconing four-Volume EnGyolopedia of the
American Presidency (New York, Simon 8 Schuster. 1993)
I contributed a chapter "The Campaign of 1928_ to Runningfor
President, a two-volune history Of presidential campalgning
editea by Arthur Schlesinger _ Jr_ ana Fred Israel planned for
publication by Simon 6 Schuster in 1994 .
I am at work on a book Of essays on the Presidency-
In recent years I have written a number Of 'Op-Ea articles for the
New York Tines ana the Los AngelesTues_
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HENRY FRANKLIN GRAFF cont'&
18 _ Speeches:
I have no texts of formal speeches delivered in the past 5
years _
19. Congressional Testinony:
I have never testified before j Committee Of the Congress _
20 . Selection:
(a) Do you know why you were chosen for this nomination by
the President? I as8ume that I was considered to have
professional qualificatlons especially suiting me for the
position.
(b) Mhat do you believe in your backgrouna or employnent
experience affirmatively qualifies you for this particular
appointment? I have spent a llfetime teaching ana writing
about the history of the presidency and about American
history in general: The work Of this appointment is bound
to draw on the expertness I beljeve I have acquired.
B. FUTURE EMPLOYMENT RELATIONSHIPS
1 will you sever all connections with your present employers ,
business firws business assoclat_ons Or business organiza
tions If you are confirmed by the Senate?
I do not have such connections _
2 . Do you have any plans , commitments or agreements to pursue
outside employment_ with or without ' compensation, during your
service with the government? If explain
No.
3 : Do You have any plans , commitnents Or agreements after
completing service to resume employment affiliation or
practice With Your previous employer business firm, associa
tion or organization?
No.
4 < Has anybody made a commitment to employ your services in any
capacity after you leave government service?
No .
S0 ,
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HENRY FRANKLIN GRAFF cont'd
5. If confirmed, do you expect to serve out your full ter or
until the next Presiaential election, whichever 1s applicable?
Yes .
C
POTENTIAL CONFLICTS
OF INTEREST
1. Describe all financial arrangemente deferred compensation
agreements and other continuing
Qesiingserien
business a8
soclates , clients Or customerb .
My fees as a Director Of Rand MCNally 6 Company are being
deferred until such tine as I retire Erom the Board .
2 _ Indicate any investments , Obligations , liabilities Or other
relationships which coula involve potential conflicts Of
interest in the position to which you have been nominated_
None
3 _ Describe any business relattonship, dealing
or financial
transaction whlch you have had during the last 10 years,
whether for yourself on behalf Of a client , or acting as an
agent that coula in any way constitute or result in a
possible conflict Of interest in the position to which you
have been nomnated.
None _
4
Describe any activity during the past 10 years in which you
have engagea for the purpose Of.directly or indirectly
influencing the passage , defeat or modification Of any
legislation or
affecting the administration and execution Of
law or public policy.
None .
5 _ Explain how you will resolve any potential conflict Of
interest, including any that may be disclosed by your respon-
ses to the above Items _ (Please provide copies of any trust
or other agreement. )
None will arise .
9
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HENRY FRANKLIN GRAFF_ cont'd
6 _ Do you agree to have written opinions provided
to the Commit
tee by the designated agency ethics Officer Of the agency to
which you are nominated and by the Office Of Government ' Ethics
concerning potential conflicts of interest or any legal
impediments to your serving in thi8 position?
Yes .
Da LEGAL MATTERS
1_ Have you ever been disciplined or cited for a breach of thics
for unprofessional conduct bY , or been subject of a gomplaint
to any court, adninistrative agency , professional association,
disciplinary committee , or other professional" group? If s0 ,
provide details_
No -
2 Have you ever been investigated , arrested _ charged or held by
any Federal , State or other law enforcement authority for
violation of any Federal State, county or municipal law
regulation or ordinance , other than a minor traffic offense?
If 80 ,
provide details_
No.
3 < Have you or any business Of which you are or were an officer
ever been involved as a party in interest in any administra
tive agency proceeding or civil litigation? If 30,provide
details.
No.
4 < Have you ever been convicted (including: pleas of guilty or
nolo contendere) Of any criminal violation other than a minor
traffic offense?
No.
5' Please advise the Committee Of any additional information,
favorable or unfavorable , which you feel should be considered
in connection with your nomination.
None .
10
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E_ FINANCIAL DATA
(Retainea in Comittee Files. )
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AFFIDAVT
FGwafc
being duly sworn, hereby states that helshe has read and signed the loregoing Statement
on Biogrephlcal and Finenclal Information &nd that the Infomation provided thereln /s. t the best o hlslher knowledge,
curent, accurate, and complete:
Subscrlbod and swom botore me this dey
obumez;19_93
44
Ictbe R
NotarS ECHE BRBIERI York
No:4776146
Quallfled in Westehastor County_
Commiesion Expires Jan: 31, 19 7s
QpO: 101 427 (M)
Heny
16m
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PRE-HEARING]_QUESTTONS FOR
HENRY R, CRARR
Io Bb A E+DER OP TH
ASSASSINATION RECORDS REVIBA BOARD
NQMINATIONPRQCISS ANDBQTENTIALCONEIICTS
1, Nere any conaItLone, expregeed Or IeplJed, attached to your
noulnatlon to be 0 Aexber Or the AbeadoInatlon Recorde RevJev
Board (ARRB) ?
No.
2, Have you nade any__conltmente uith reepect to policLes Or
programs affeeted by your role 88 4 nenber Of the ARRB? If 80
What are they?
No.
3< Are there Leeues invelving the ARRB from. Which You nay
have to
Geeeua3ysyeyoeebazy8
If 8o, pleabe explaln.
No.
4 Have you been 8 party to any Legal actionb or 'adminietrative
proceedings pertaInlng to acceb6 to, Or dleclosure Of , federal
records On the gubject of the asbas61nation of Pres_dent Kennedy?
No.
IL,__RQLB_ANDRESPONSTBILITTES
16 What particular qualifications and experience do you bring to
the role of being
a Rember of the ARRB?
FIret , I have been a professLonal hlecorlan during mOst Of my
adult life, specialLzlng in the history Of the presidency and the
hfetory Of United States diplonatic relations , and attaining
national standlng and recognitlon. I believe that I bave 8 well-
developed Bense of hietorlcal objactivity-
Second , I served two terns 46 0 Renber Of the National
Hlstorlcal PubLIcatlons CorLsbJon to which I Vab appointed ana
then reappointed' by Pres-dent Jobneon ; A Chiet functlon Vas to
arrange for the evaluatlon and Publication O collections Or
docunente Klth historical Glgnfficance- I partickpated fully Jn
the activIties of the NHPC and gained Indlepenbible experience in
Judging docunentary work.
Third , as Co-author of The_Moder_Regearcher (wbich has been
descrIbed as the "classic guide to research and writing" and
1
1-)7-63 1) ::PK Pon1 *7f
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clch nou Jc Jn Ite FItth Bdltion and Ite thirty-6Ixth yoar ot
publJcatlon) I have 4 keen Benbe O1 the zathode and neode o:
regearchera .
24 Mbat d0 you coneider to be` your prIeary rebponelbllIt_ee and
prLorIefee 40 &n ARRB Denber?
Ky {Jret reeponsfbfllty ie to help establ eh the deterefna-
tion O1 the bard to fulflli the purpo8o O: tho legislation
creating Ita
The second J6 to belp Ovarcoe the orderly ana complete
gatherIng O1 the docunente Iron the rerpectIve ageneles holding
them.
The firet prlorIty Ls to help etructure the Bard 80 that
the work canproceed expedItlouely andefElciently.
The second prlority J6 to obtaIn the services OI 8 Xnow-
ledgeable and energetic Executive Director 48 bo0n a6 pObBIbles
3 How d0 you envislon your relat-onehip and respons_bllIties--
88 an ARRB Dember - to (0) the PresIdent , (b) tbe Congress, ana
(c) Other executive branch egeneleb?
(a) to the Prec_dent: I wIlJ aln to the best O1 @y abflity
to: @eet the hIgh expectatlone that PresIdent Busb enunciated upon
Signing the Act creatIng the Board: to help burnleb the reputa=
tion Of the Onited States Governnent for trustvorthiness. I will
be reeponeIve to Inquirles and suggestions that May enanate Erom
the wlte Houee, chile xeeping in AInd that tbe Board' 6 Own
Integrity ie the hIghest desIderatum.
(b) to the Congress: I wIll ajn co Iulfill the purpose Of
the legislation creating the Board. I Vill alwaye be acutely
aware Of the xeen Interest and concern that the Congress has
expreeeed Erom tbe beginning In the aeeaebination Itbelf and in
the attendant Jesues that understanding It has generated both on
Copitol H1lI and in the country at Large . I Will be responsive
to inquirles and suggestlons that @ay enanate fron the Congress
1 while keeping In aIna that the Board' 6 Ow Integrity 56 the
hIghest desiaeratun _
(C) to other executive branch agencies: 1 WL1J be respon:
sive to the special concerne that the pertinent
documentb nay create . Still, I feel
ejsebhlged
to keep firuly In
eLnd that the Boara' 6 mlesJon J8 the highest desideratum.
4 Hou d0 vlew the Job Of ARRB Executive DIrector? What role
do you
docle4pvtei
in the Gelection Of ARRB Executive
Director ana
Tbe Executive Director 1s central to the success of the
Board' 6 @ission . He or she must be a person of judguent ,
2
95%
Batef?laying
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13-00000
rhe Executive DLrector Jo central to the Gucce8s OI the
Board' 0 aleeion. He or che Quet be 4 Pereon o1 Juageent ,
and energy =
0
experLenced In daallng Vizh Dabee8 Oz Biztotpcai
naterlal andcapable o1 confortably delegatIng work to
epbordinate8 . The pereon Lust bo bJetory-Alnded 28 well 45
capable o1 adelnietering justly and effectIvely an enterpriee
tbat uL1I bo ewbetantial In sLze ana endurIng In Ite Lepact On
the natjon'0. The ExecutIve DLrector Lugt be avaIE Ixom the
outbet tbat be Or Bhe '0JJI have to be Ln] regular contact UIth the
Board On 4ll vItal Jeeues arlssng out O1 the vork.
I would expect to bave 8 part Jn Anterviewing ProspeetIve
nonLneee for the pobt, and then Ln nelping to Inetruct the Bexeon
selected 48 to hle Or her reeponeIbl eLes . 4b to the Btaff, I
ae64ne that tho ExecutIve Director ubll bave 4 comparatIvely Eree
band In the selectlon Or subordlnatee Ln order to guarantee the
ultinate. reeponsmbLlIty Of the Executive DLrector for the
thoroughneee OE the undertakIng. I voula expect to be consulted
on nominees for StaIf pobitions 46 Bignifleant iobues arIge:
IIL__ PQLICY ISS12BS
1, Have you nade any publlc gtatemente-- oral or written--
regerdLng the as8a08Ination Of Preeident Kennedy
OI the public
availablilty OE governent recorde regarding thls a8ba881natlon?
Pleaee explain, and provide Coples O1 any relevant naterfal _
I 0ab Intervleved by the 8caredele_Inguirer in the , Heek after
PresIdent ClInton announced bls Intentlon to nonlnate ne to the
ARRB I offerea Bo*e ionocuoue remarkb to the reporter whIch
vere not Bet dowm #Ith_copplete accuracy_ (I Xnow _ for exanple ,
and B0 safd, that the Kennedy autopsy naterial
viil
not be nade
public. Albo, I epecifically said that George Stephanopoulos Vas
never 8 etudent Of nine. ) The text Le attached _
2, Henbere OI the ARRB wIlI be exanLnIng Becurlty classIfied
records with a vlew to their declassification and publfc dfs-
elosure , in whole Or in part , at bode tine In the future .
(a) Can you descrjbe Wbat prior experience you have' had , if
any vith 48 or examining Becurity claeeifled records Of the
Federal Governnent?
DurIng AY axwy Bervice in Worla War II a8 an enl Letea wan
and a8 an Offlcer OI the Arvy Becurlty Agency at Arlington Hall
Station In Arlington, VlrgInia , I Vab engagea in cryptanalytic
ana tranelatlon work on the @obt becret Japanese diplonatlc codes
and Clphers_ The resulting documente were classified TOP SECRET
OLTRA-- the highest claeeiElcatlon Of thbat I wae aleo privy
to the MAGIC SUMMARY _ which was issued daily to the white House
3
0!-17-93 N::3FB P00] #27
ing
day -
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13-00000
02
and to 10 DownIng street by Speclal Branch in the Pentagon, and
vae 410o Clag8Itled TOP SECREI ULTRA .
(b) Gnat do you thLnk or our current security clabelficatton
Byetan? For exarple, vould You eay It operates well, hae
IntegrIty, and berveb the publJc Intereet?
I a3 not fanLllar uIth the IntrIcactes Of the claseltication
syetem at present . I have naver requested documente under the
Freedon Ot Informatlon Acte ana bave no_pereonal exper_ence On
whJeh to babe an anbwer to the eub-queetlon.
As 0 diplonatlc bletorkan, I have been concernea that the
long tLne-lag that no obtalne Jn the publIcatlon o1 We_Zorelm
BelatsJons_Qf the_InIted_Statee Sertes could be considerably
Bhortened uIthout danage to the natlonal Interest, Sttll a Jack
o2 suffIclent funde aay be partly reeponctble for thie e1tuation
3 One Of the dutles of tbe ARRB uLlJ b0 to deterulne what
constitutes an "a8gassInation recora" _ Ehat criterla do you
think ehould be usea to pake thic deterainatIon?
I believe that an nassabeInation recordm voula be any
docunent that directly
or Indirectly naterlally bearb on the
eebab8ination. The Board ufll have to create criteria for wbat
is neant by "materially" It L0 eY further belief that In-
aJvsdual dooumente ana elaeeee of docunents vill have to be
ovaluated by the Boara On 4 caoe-by-caoe basis.
IV, REIALIQNS NITE CONGRESS
1_ DO you agree wIthout rebervation to respond to any reasonable
buuon6 to appear and testify before any duly constItuted commit-
tee of tbe Congrees , if confirzed?
Yeb .
2, Do you agree wIthout regervation to reply to any reaboneble
request for intorwation Irom any constituted cownittee Of
the Congre8s , Or Its duly authorized agent , lf conforzed?
Yes.-
5 ?D" D 15*
auly
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BIOGRAPHICAL AND FINANCIAL INFORMATION REQUESTED OF NOMINEES
A. Biographlcal Inforwation
1 Name :
Keralt Lo Hall
2_ Position for Rhich Nouinated:
Member Of the Assassination Records Review Board
3 Date of Nomination:
September 9 1993
4 Address:
Home : 1500 S. Frisco, 2F _ Tulsa OK 74119
Office: College of Arts Sciences , Suite 111 Chapnan
Hall, The University of Tulsa , Tulsa , OK 74104-3189
5_ Date and place of birth:
31 August 1944 , Akron , Ohio, OSA
6 _ Marital status:
Married to Phyllis Anne Hoke
7 Nanes and age Of children:
No children
8 _ Education:
Garfield High School, Akron , Ohio, 1959-1962 _ Diploma_ June ,
1962 _
The University Of Akron , Akron , ' Ohio, 1962-1966 , B.A. , June ,
1966 _
Syracuse University, Syracuse , New York , 1966-1967 , M.A.,
August , 1967 .
The University Of Minnesota , Minneapolis, Minnesota , 1969-
1972 , Ph. D .
1
August 1972 .
Yale University Law School_ New Haven , Connecticut , 1979-1980 ,
Master of Study of Iaw , Augest 1980 _
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13-00000
Harvard University_ Institute for Educational Managenent ,
Canbridge, Massachusette , 1993 , Certifieate, 1993 _
9 Bmployment Record:
Res_dent Advisor _ Syracuse UnivereIty, Syracuse , New York ,
September 1966-August 1967 .
Second/First Lieutenant 0. S. Ar@y , Arwy Security Agency ,
January 1968-December 1969 _
Teaching Assistant_ Departwent Of History, University Of
Minnesota, Minneapolis, Minnesota , January 1969-June 1971.
Instructor . Metropolitan Junior College, Minneapolis,
MInnesota , September 1971-June 1972 .
Assistant Professor _ Departnent Of History, Vanderbilt
University, Nashville, Tennessee , September 1972-June 1976 ,
Assistant/Associate Professor_ Departnent of History, Hayne
State University- Detroit, Hichigan, September 1976-June 1981.
Associate/Full Professor Of History and Law University Of
Florida, Gainesville, Florida, Septenber 1981-July 1992.
Dean and Professor of History and Ian The University Of
Tulsa , Tulsa , Oklahoma , July 1992-present .
10. Military Service:
Second and First Lieutenant , U S Army Security Agency ,
January 1968-December 1969 , Honorable Discharge.
11- Governnent experience:
Member , Historical Advisory Board , Federal Judicial Center
1989-present _
Member , Board Of Directors , Oklahoma School Of Science and
Mathenatics , 1992-present .
Panel Reviewer National Endowuent for the Humanities Various
Panels involving public progranming, secondary and higher
education, 1989-present _
Panel Reviewer National Science Foundation, Law and Social
Science Progran_ 1985-1991.
12 _ Previous Appointnents:
No previous federal nomination_
2
July
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13-00000
13 , Business relationships:
Member . Board Or Advlsor8 , AnerIcan Bar Assoclatlon,
Comniselon on College and UniversIty Legal Studles, 1993-
present .
Menber _ Board of Trustees , The Tulsa Phflharmonic Society,
1993-present .
Menber _ National Advisory Board , The ERIC Clearinghouse for
Social Studies, 1993-present .
Director and Trustee, Anerican Society for Legal History,
1982-1985 , 1986-1989.
Advisory Board , "Road to the War Of 1812: A Journey-Through
Early Anerican History, " Pure Magic Produetions , Ei Monte,
California_
Advisory Board , "Unlikely Heroes, " Peterson Productions,
Washington, Da C.
Advisory Board , "Sinple Justice , 0 New Images Productions ,
Berkeley, California.
Advisory Board , "The Anerican Constitution," Maryland Public_
Television, Maryland_
Co-editor ConstitutionaLisn and Democracy, The University
Press Of 1991-present.
Co-editor Southern Legal History, The University of: Georgia
Press, 1993-present .
Co-editor_ Studies in Western Legal Historx, The University Of
Nebraska Press , 1987-present .
Editor Great Cases jn Aqerican Constitutional History,
McGraw-Hill Publishers , 1991-present .
Editor Bicentennial Essays 0n the Bi2l 0f Righte, Oxford
University Press , 1986-present .
14 _ Memberships:
American Historical Association (Progran Comnittee, Littleton-
Griswold Prize Connittee_ Representative to Project
Chairperson_ Bill of Rights Education Collaborative)
Anerican Judicature Society
Organization %f American Historians (Program Committee , Chair
of Ad: Hoc Committee on Access to Lawyers Papers)
Southern Historical Association (Program Comnittee)
3
Vizginia ,
'87 ,
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13-00000
Anerican Society for Legal Hietory (Chair Or Progran
Conmittee, Member _ Board Of Truetee8 ,, Chair Of Connlttee on
Opennese)
The Society Or Hletorlano or the Barly Republic
Socfal Science HIstory Agboclation
Western History Assoclation (Member Program Connittee,
Menber _ Boara Or Edltors Nestern Hletorjeal Revtez)
Ninth
Judicial
Circuit
Hietoricai Society
Phl Alpha Theta (History Honorary)
Onieron Delta Kappa (Leaderehtp Honorary)
Phi Sigma Alpha (Leadership licoraxkth Iesuer _
Iaw 6 Society Association (Eaitor Iac 6 Sogjety
Reviec, Menber pditorial Board, LAnESoolety_Revtec)
Anerican Bar Association (Member Advisory Conmittee, on
College and University Legal Education)
The National Audobon Society
National Geographic Society
Philbrook Museun
Gilcrease Museum
Al Souls Unitarian Church
The Tulsa Philharmonic Society
15 _ Political affiliations and activities:
Political Affiliations and Activities:
a List 4ll offices with a political party which you have
held or any public office for which you have been 8
candidate_
None .
b List all memberships and Offices held in and services
rendered to all polltical parties or election comnittees
during the last 10 years.
None .
Itemize a1l political contributions to any individual,
Campaign Organization, political party, political action
committee, or Sinilar entity of s50 or more for the past
5 years .
Check-off on incone tax retun for presidential
campaigns _
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13-00000
16 . Honors and awards:
"Native Anericans and Higher EducatIon," Sunner InstItute for
NatIve AnerIcan hfgb Bchool studente , The Coca-Cola
Foundation, 1994-1997 .
"Defining the Core of CItizenshlp: Reaching Those wbo Teach
Teachers 0 Suner Institute for College Teachers , National
Endocwent for the Humanities, 1993-94.
"Minority Scholars in History," Grant , Pew Charitable mrts,
1991 1994 .
Fellow , Center for Great Plains Studies , Lincoln, Nebraska_
American Historical Assoiation Charles A Dana
Award Of the Association Of Anerican
Hoginegiegez'
for
Pioneering
Achievements in Higher Education, 1987 .
Comprehensive Bbliography selected byi Chojce a5 0
Outstanding Academic Boox in History for 1985 .
The @xford Cowpanion to the Suprene Court, selected by the
History Book Club as a Main Selection, 1992; Nanea "An
Outstanding Reference Rork for 1992, " by the Anerican Library
Association, and Certificate Of Merit, Gavel Award, Anerican
Bar Association, 1993 .
Fulbright Short Texa Lecturer in Anerican Constitutional and
Legal Oniversities of Helsinki and , Turku, Finland,
February
ystc3:
Visiting Scholar _ American Bar Foundation , Chicago,
Illinois, 1986-1987 _
Grant , "The South and the American ConstItutional Tradition,
Floriaa Endowent for the Humanities, 1986-1987 .
Grants from Rockefeller_ Hevlett , and Exxon Foundations
for the History Teaching Alliance, 1984-1987 . (Administered
through the American Historical Association.)
Fulbright Lecturer in Iaw and Anerican Studies, Kobe
University, Japan , 1985-1986 . (declined)
"Collaboratives
on
Teaching the History Of the American
Constitution in Secondary Schools m Grant , William and Flora
Hewlett Foundation, 1984-1987 .
5
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Page 43
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13-00000
Grant , "The Popular Election of Judges and Judicial Behavior,"
National Science Foundation, Law and Social Sciences Division,
1984-1986 .
Grant_ "The History %f Popular Electlon %f Judges , M Albert J_
Beveridge Fund , American Historical Association, 1984 .
Grant "The Politics Of Nineteenth-Century Judicial
Elections _ 0 Amercan Association for State and Local History'
1983-1984 .
Norwan Wilensky Teaching Prize , Department Of History,
University of Florida, 1983 _
"The History Of the Popular Election of Judges, 0 {National
Endowment for the Humanities , Summer stipend , 1982 _
"A Bibliography Of Anerican Constitutional and Legal
History Anerican Bar Foundation Legal History Grant , 1982 .
Legal History Fellow, American Bar Foundation, 1980-1981.
Post-Doctoral Graduate Fellow, Yale Law School, 1979-1980 .
Post-Doctoral Fellowship, Earhart Foundation, 1979-1980.
"The Politics Of Federal Judieial Selection," Grant-in-Aid,
The Anerican Philosophical Society, Sunner, 1976 .
"The ' Politics Of Federal Judicial Selection, M Grant-in-Aid,
The Anerican Council Of Learned Societies, Summer , 1975.
17 Published Writings:
Books:
Kermit La Hall, The _Maqic Mirror:Lal in Anerican History (New
York: Oxfora University Press 1989)
Kermit La Hall and Eric W. Rise , Fron Local Courts to National
Tribunals; The_Federal District _Courts 8[_Florida 1821-1990
(Brooklyn , NY : Carlson Publishing Company , 1991) -
Kermit La Hall, The Suprene Court and_Judicial Revier_in
American History (Washington , D.Ca Anerican Historical
Association_ 1985) A volume in the Anerican Historical
Association'8 Bicentennia) Essays 0n the_Constitution.
Kermit La Hall The Politics_ 0f Justice: Lower Federal
Judicial Selection and the Second Anerican Party_ System
182921861 (Lincoln: The University of Nebraska Press , 1979)
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13-00000
Edited_Books:
Kermit La Hall, editor-in-chlef, The_QxfordConpanjontothe
Suprene Court_ (New York: Oxford Onlversity Press , 1992) -
(Janes W, Ely, Jr. , Joel Grosswan , and Rillfan M. WJecek
assocfate editors)
Kerait La Hall, Milliae M, Wiecek, and Paul Finkelnan,
Aqerican _Leqa) Historyi_ Cases_and_the Materlale (New York:
Oxfora University Press , 1991)
Keralt La Hall, Major_ Problews inAnertcan Constituttenal
Histerx, 2 vols . (Lexington , MA: Da C, Heath ana Compady ,
1991)
Kermit La Hall, 'BY and_For_the People/ i Constitutional
Biqhts_in_Amerjcan History (Arllngton Heights , I;; Harlan
Davidson , Inc. , 1991)
Kermit La Hall ana Janes W Jr. An_OncertainTradition:
The South_and_ the Anerican_Constitutonal _Tradieion (Atbens:
University Of Georgia Press , 1989)
Kermit L, Hall, CoLlected Bssays_o_American Constitutional
and Legal History_ 21 vols. (New YOrx: Garland Publishing
Company , 1986) - (not ineludea)
Kermit La Hall, 4Comprehensive Bibliography of_American
Const_tutional and Leqa) Histery_ 5 vols - (MiIlwood, NY:
Kraus Thonson International, 1985) Supplenentis 1980-1982
(Millwood, NY: Kraus Thonson International, 1991) (not
included)
Kermit La Hall, ' Harold M. Hyuan , and Leon V Sigal, eds . The
Constitutional Convention_as an Anendind_Device (Washington,
D.C, Anerican Historical Association, 1981)
Herbert Weaver and Kermit La Hall, eds . The_correspondence
0f Janes K Polk Volune Four 4183531836 (Nashville:
Vanderbilt University Press , 1975) (not includea)
Articles and_Chapters in Bookg:
mOf Floors and Ceilings: State Bills Of Right ana the
Anerican Constitutional Tradition," in David J_ Bodenhaner a
Janes W Ely , Jr_ eds_ NeryPerspectives 0n Anerican Liberty
(Bloomington , IN: Indiana University Press , 1993) PP. 213
240 _
"Of Floors and Ceilings: The New Federalism and State Bills
of Rights_ 1i Florida Law Review 44 (September 1992 ,
forthcoming)
ElY ,
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"If All the World Were Philadelphia: Allen Steinberg' 8 The
Transferation%_CrininalJustice, Pennsylvania History 27
(Sunmer 1992) : 13-21_
"The Irony Of the Federal Constitution' & Genius: State
Constitutional Developnent , " m in Peter Nardulli, ed. The
Sonstitutjen and Anerlean_ Polltleal Develepment; A
Instltutlonal_Perspeetlye (Urbana: Oniversity Of Illinois
Press , 1992) : 235-261
"The Legal Culture Of the Great Plains Great Plajng
Quarterly 12 (Spring 1992) : 86-98 .
"The Legacy of Nineteenth-Century State Bills of Rights M
Perspectives en_Interqovernnental_Relations 17 (Fall 1991) :
15-18 _
"'Mostly Anchor and Little Sail' : State constitutions in
Anerican History, 0 in Toward a @sable Past; Liberty Under
State_Constitutions, in Paul Finkelnan and Steven Gottlieb,
eds _ (Athens , Ga: University Of Georgia Press , 1991) _ PP=
388-418 .
"The Suprene Court Original Intent _ and the Bill Of
Rights in Raymond Arsenault ed _ Crucible 0f Libertya The
Bill%f_Riqhts Across Iro 'Centuries (New York: The Free
Press _ 1991)
1 PP . 3 G 22 .
"American Legal History as Science and Applied Politics , 6
Benchmark; AQuarterly Revier Qf the_Congt_tution_and_Courts
4 (Sunmer 1990) : 227 238 .
"Justice Brennan and Cultural History: Nerz York_Tiqes V
SulLivan and Its Tines_ 0 California Restern_Lar Review 27
(1990-1991) : 339 359 _
"Franing the Bill of: Rights 0 in 'BX_and_ For the People'
Constitutiona)_Rights in Anerican_History, Kermit La Hall,
ed_ (Arlington Heights , IL: Harlan Davidson Publishers _
1991) PP . 14 25 _
"The South ana the" American Constitution, " in An_Uncertain
Tradition, Kermit La Hall and James A Ely, Jr. .
1
eds . (Athens :
The University Of Georgia Press , 1989) PPa 3-16.
"Law Librarians and the Nev American Legal History , 0 Iar
LibraryJournal 81 (Winter 1989) : 1-11.
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Page 46
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"The American Citizen: The Developing Legal Concept, " i n
Fqundatlons_%f_Amerlcan Gitlzenshlei_ Ner_Dfrect ons Jor
sducatlon (Washlngton , Da Ca : Council Or Chlef State School
Officers , 1988) Pp. 41 61_
"Implenenting the Constitution 48 Iaw: The OrigLns Of
Judicial Review. 0 "Implementing the ConstItution 48 Iaw: Ihe
Establishnent Of Juaicial Soverelgnty and nThe Anending
Process and Constitutional Change_ in The Anerican
Constitutfon, ed_ Herwan Belz (Baltimore: The International
University Consortiun,
1987) , PP. 41 # 62 U ana 400
30 . (not ineludea)
"The 'Magic Mirror' and the Pronise of Western Legal
History at the Bicentennial of the Constitution, H The_Hestern
Bistorica) Quarterly, 18 (October 1987) : 429 36 _
"The Magic Mirror: Anerican Constitutional and Legal.
History, The International Journal_0f Social_education 1
(Autumn 1986) : 22 48 _
"Dissent on the California Supreme Court, 1850- 1920, #
Socjal Scjence_History 10 (Spring 1987) : 63 83 _
"why We Don't Elect Federal Judges , 0 this Constitution no.
10 (Spring 1986) : 20-26 .
"Change Within Tradition: Hugh Lennox Bond, the Ku Klux Klan ,
and Civil Rights 0 The MarylandHistorian 10 (Winter 1986) :
110-32 , with Lou willians . (not includea)
"Political Power and Constitutional Legitimacy: The South
Carolina Ku Klux Klan Trials, 1871-72 , Euory Lav Journal 33
(Fall 1984) : 921-51
"Progressive Reform ana the Decline Of Democratic
Accountability:_ The Popular Election of State Suprene Court
Judges ,
1
1850-1920, 0 Anerican Bar _PoundationResearch Journal
(Spring 1984) : 345-70. Reprinted In Robert F willjans State
Constitutional Law: Cases Jnd Materiale. 2nd ed _
(Charlottesville, Va: The Michie Conpany , 1993)
"From Ballot to Bench: Popular Election and the
Southern Appellate Judiciary 1832-1920 , 0 in, Ambivalent
Legacy: Essays on the_Legal History %f_the_South, eds_ Davia
J Bodenhamer and James W Ely , Jr. , (University , Mississippi:
University of Mississippi Press , 1984) PP. 229-55. (not
included)
9
61 , 83 ,
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"Isham Green Harris: Secessionist Governor Of
Tennessee , " in Buck Yearns _ ed. The_Confederate_Governore
(Athens : Unfversity Of Georgla Prees , 1985) PP. 185-94 .
"Conetitutional Machinery and Judicial Profeselonallen: The
Careers Of Midwestern State appellate Court Judges
1861-1899 , m In The_Nerz_HighPriestsiThe Iegal Profese onat
the End 0f_the Nineteenth Century ea. Gerard Ma Gawalt
(Restport, Conn. : Greenwood Press , 1984) = PP. 29-49.
"'Think Thlngs , Not Words Judicial Review in Unitea States
Constitutional History , 0 Wnjversity_Qf_Elorida Iaw Revjer
135 (1983) : 281-95. (not includea)
"'Sometines the Otter and Sowetimes the Hound'
Political Power and Legal Legitinacy in Anerican ZHistory
A Review Essay - 0 Anerican_Bar_Foundatjon_Research_Journal 2
(Spring 1983)
8 429-39. (not includea)
"The Judiciary on Trial: State Constitutional Reform and the
Rise Of an
Elected Judiciary_ 1846-1860 , " The_Historian 44
(May 1983) J37-54 Reprinted in Bittsburab Federalist
SogletyNevsletter, June , 1993 .
"For whom the School Bell Tolls: The Substance and
Pedagogy Of Anerican Legal History , 0 Northwestern University
Law_Reviec 77 (May 1982) : 201-16 . (not includea)
"Hacks and Derelicts Revisited: The Anerican
Territorial Judiciary, 1780-1959 , " 0 Western Historical
Quarterly 12 (July 1981) : 273-89 .
"Mere Party and the Magic Mirror: California's First
Lower Federal Judicial Appointnents 0 The_Hastings_Law_Journal
32 (March 1981) : 819-37 . (not includea)
"The Children Of the Cabins: The Lower Federal
Judiciary_ Modernization, and the Political Culture ,
1789-1899 _ m Northwestern University Law Revier 75 (October
1980) 432-71
"The Prowises ana Perils of Prosopography Southern
Style, 0 Vanderbilt Lav Reviec 32 (January 1979) : 331-39.
"240 Men: The Antebellum Lover Federal Judiciary,
1829-1861 , M vVanderbilt Law Review 29 (October 1976) :
1089-1129_ (not included)
"101 Men: The Social Composition and Recruitment of the
Antebellum Lower Federal Judiciary_ 1829-1861 , 0i Rutqers_Canden
Law_ Journal 7 (Winter 1976)
3 199-227 _ (not included)
10
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"Social Backgrounds and Judicial Recrutnent:
Nineteenth-Century Perspective On the Lower Federal
Judiciary 0 The_Western PolitjcalQuarterly 29 (June 1976) :
243-57 . (not Included)
"Andrew Jaekson and the Judielary: The Michigan
Territorial Judielary 88 4 Test Case , 1828-1832 _ Mlchlgan
History 59 (Fall 1975) : 131-51. (not Includea)
nThe Civil War Era 48 a Crucible for Nationalizing the
Lower Federal Courts 0 Prolequle:_ The_Journal %f_the Nattenal
Arehives 7 (Fall 1975) : 177-86 , Reprinted , Jn Joel Silbey
ed. The Congress_ 0f the Wotted_States_1789-1982, volo 1
(Brooklyn , NY: Carlson PublIshlng Company , 1991) Pp. 127-136.
(not ineludea)
"West A: Humphreys an the Crisis Of the Union, " Tennessee
Historical Quarterly 34 (Spring 1975) : 48-69 . (not Incluaea)
"Federal Judicial Reform and Proslavery
Constitutional Theory: A Retrospective on the Butler Bill,
The American Journal 0f Leqa)_History 17 (April 1973) :
166-84 . Reprinted in Joel Silbey ed. The Congress 0f_the
United states_ 4289-1989, vol.
1 (Brooklyn ,
NY: Carlson
Publishing Company , 1991) _ PP. 137 156 .
"New Light On an Old Enigma: Sam Houston and the Grand
Saline The Chronicles Qf Oklahoma 51 (Fall 1973) : 335-43,
(not inluded)
Biographical Directorjes:
Contributor to Biographical Dictionary %f WS_Supreme Court
Justices_ Melvin UrOfskY , ed _ (New York: Garland Publishing
Co_ forthconing 1994) - Two essays . (not included)
Contributor to Ihe_Oxford_Eneyckopedia_@f_World Politics (New
York: Oxford University Press, forthcoming 1993) One essay .
(not included)
Contributor to The Encyclepedia Of SouthernCulturet ea. by
Charles R Wilson and Willian Farris (Chapel Hill:
University of North Carolina Press , 1989) Four essays . (not
included)
Contributor to The Eneyolopedia 0f the Aerican
Constitution ed _ by Leonard Levy and Kenneth Karst (New
York: Macmillan, 1986) Fourteen Essays from 250 2 , 225
words in 'length. (not included)
11
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Contributor to Judges Qf_the_Onited_States, 2nd ed _
(Washington D.Ca : 0.S. Governuent Printing Office, 1984) .
Over 1,000 biographical entrleb . (not Ineludea)
Contributor to The_Enayalopedia %f_Southern _History, ea: by
Davia C Roller and John Terpan (Baton Rouge: Ioulsiana
State University Press , 1979) - Two essay8 . (not included)
Reviers:
Journal %fAnerican History (10)
The Historian (7)
The_Anerican_Journal %f_Ieqa) History (5)
The_AuericanHistorical Revier (8)
Journal 0f the_Barly Republ e (4)
QhioHistory (5)_
petroit College Of Law_Revier (1)
Reviews in_ Anerican History (3)
Pennsxlvania Maqazine op_Historyand Bjography (J) Judicature
(3)
Vanderbilt_Law_Reviel (1)
The Hdvest_Revjer (1)
The Western Historical Quarterly (3)
Florida Historical Quarterly (5)
Constitutional Comentary (2)
Necz York History (1)
Iaw and History_Revjer (1)
Qournal Qf Souchern_History (3)
Crininal Justice_History (1)
Documentary_Editing (1)
Hestern Legal History (1)
te_Reaister Of the_Rentueky_Historical Socjety (3)
Georgia Historical Quarterlx (3)
The Iaw anPolitias Book_Reviec (1)
18 _ Speeches:
#The Changing Suprene Court, " Public Lecture University Of
Kentucky . Louisville, Kentucky , October 18 , 1993 .
"Tine to Reclaim: The Social History of the Lower Federal
Courts, H Detroit Historical Society, October 13 , 1993 .
"Civil Rights and the Press M Public Lecture , The Gilnan
School, Baltimore , Maryland , March 29 , 1993
"The Power of Comparison in Teaching About. Rights 10 Public
Lecture , The Mershon Center , Ohio State University , Columbus
Ohio.
12
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"The Changing Suprene Court," Publ c Lecture , Smitheonian
Institution, Washington, Da C, October 1992 _
"Public LIbel Iaw and Modern Anerican Morality 0 Humantties
Lecture Series , Kansas State University, Manhattan , Kansa8 ,
September 1992
"Sober Secona Tboughts: Dolng the History Of the Feaeral
Courts 6 Eleventh Federal Circuit Historical Society Bilton
Head , South Carolina, May 1992 . (included)
OThe Bill of Rights and Orlginal Intent," Keynote Address ,
University Symposium On the Bill Of Rights , East Carolina
University, Greenville, North Carolina, Novenber 1991.
"what We Know About the Bill of Rights at Iwo-Hundred Years, 6
Keynote Address , Central Michigan Universityv Novenber 1991 _
"The Problem Of Incorporation ana the Secona Anendment, "
University Of Arizona Iaw School, Tucson , Arizona , Novenber
1991.
"Is There a Core Body Of Knowledge about the Constitution and
the Bill Of Rights?n Hearing Session Aadress _ The Leon
Jaworski Syeposium about Teaching the
Constitution
and the
Bill of Rights in the 21st Century, Spithsonian Institution,
Washington , Da C., August 1991.
"First Things First: The 'Central Heaning' Of the B1l Of
Rights Session Keynote Address , Annual Meeting Of the
Association for Eaucation in Journalism and Mabs
Communication, Boston, Massachusetts, August 1991 -
"The Bill Of Rights in Comparative International Perspective,"
Session Keynote Address , National Conference Of State
Legislatures Annual Meeting, Orlando, Florida, August 1991.
"The Worla We Have Lost: The Bill Of Rights Today 0 Keynote
Address , Georgia Bicentennial Commission Symposium on the Bill
Of Rights Atlanta , Georgia, July 1991.
"Teaching the Constitution and the Bill Of Rights: Wat to Do
ana Rhat Not to Do, " Syeposium On Teaching about Iav in
Comnunity Colleges , Mianl-Dade Community College , Miani ,
Florida , May 1991-
"The Law of Libel and the First Amendnent Revisited,"
Symposium on the Bill of Rights, University Of Minnesota Iaw
School , May 1991 _
13
2 ,
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"The Cultural History Of the Lau of Libel, " Department Of
History and College Of Law , Univereity Of Illinois, AprIl
1991.
#The Legal Culture Of the Great Plains_ m Keynote Addres8 ,
Center for Great Plains Studies' Symposium On the B1ll Of
Righte,. University Of Nebraska , LIncoln, Nebraska, March 1991.
"NecYork Tines Vo Sulliven and Its Tines 0i Keynote Addre8s;
Drake Unfversity Law School Symposiun on "Values in Conflict:
the ' Firet Anendnent ana the Law Of Libel," Des Moines , Iowa ,
March 1990 .
"Civil Rights and the Iaw Of Libel, 1950-1964 _ 6 syacuse
University Law School, October 1989 .
"A Little Bad History is Too High A Price for Certainty in the
Law Keynote Address Synposium On the History Of
Constitutional Rights, The Ohio State University, Newark ,
April 1989 _
"Heed Their Rising Voices: The Civil Rights Background Of Ner
York Times V Sullivan; 0 Boston University Law School, March
1989 _
"State Constitutions in the Political Process, ^ Symposiun On
Constitutionalism ana the Political Process , University of
Illinois, November 1987 .
"The Imperial Judiciary at the Bicentennial OE the
Constitution, " Keynote Address _ Symposium on the Bicentennial
Of the United States 'Constitution, University Of Alabana at
Huntsville, March 1987 .
"Anending the Constitution, M Jefferson Foundation National
Meeting, Washington, Da C. June 1987 .
"The Law Librarian and the New Legal History 6 American
Association Of Law Libraries_ Chicago, July 1987
"Original Intent and the Founding Fathers at the Bicentennial
of the Constitution, 0 Symposium on the History Of
Constitutional Rights, Pennsylvania State_ University, June
1987 _
"The Constitution and the Judicial Power at the
Bicentennial 0 Pensacola Naval Air Station Association
Bicentennial Celebration, Pensacola , Florida , September 1987 .
14
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"The Anerican Legal Tradition, 0 Dinner Aadress Dinner in
Honor Of the Bicentennfal Of the 0. S,
Conetitution,
Unlted
States Embassy , FInland , Helelnkl , FInland, February 1987 .
"The Imperfal Judielary Loyola College Of Law ,
Chlcago, Illinois, Aprii 1987' .
"A1l Anchor and No Sail: The Historical
Developnent Of State Constitut_ons, " Miseissippi State Bar
Association Symposium On Constitutional Reform, Jackson;
Missiesippi, May 1986 .
"The State Of Constitutional and Legal History, M Departnent
Of History , Indiana Univereity at Indianapolis , March 1986 .
"The Monster that Almost Ate Washington: why We: Will Not Have
Secona Constitutional Convention, 0 Keynote Aadress , Utah
Endowment for the Humanities Conference On
Teaching About the
Constitution, ogden , Utah , March 1985 .
"Civil Rights and the Federal Courts During
Reconstruction 0 Eleventh Circuit Historical Society ,
Atlanta, Georgia , October 1984 .
"Dissent On the Texas Suprene Court, 1850-1920, 0 Texas Tech
University School Of Law, Lubbock, Texas Aprii 1983 .
"The Suprene Court in Anerican History, American Studies
Research Institute_ University Of Rrakow , Krakow Poland , June
1980 .
"California's First Federal Judicial Appointnents_ 0
Historical Society of the Northern District Of California, San
Francisco _ California, April 1980 _
19 _ Congressional Testinony:
U.S.House Of Representatives Subconmittee On Census ana
Population, September .11 1980 , ' HR 621.9 , Bill to Commemorate
the Bicentenary Era Of the Federal Government _
20 . Selection:
a Do you knov you were chosen for this nomination by
the President?
The Organization Of American Historians subnitted my nane
to President Bill Clinton ana that he wished , on the
basis of that recommendation , to appoint persons with
appropriate credentials under the statute_
15
why
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b What do you believe in your background Or employnent
experience affiruatively qualifies you for this
particular appointment?
I belleve that as 4 tralned hlstorfan who has practIced
his Craft for over 20 years I am Well qualified for' the
position to which I have been nominatea_ In addition, I
have extensive experlence working wItb docunents In the
National Archives and dealing with Issues
related to the accessibility Of ana governental
docunents .
B Future Employment
1 Mill you sever all connections with your present" e@ployers ,
business- firzs business assoclations Or ~business
organizations if you are confired by the Senate?
No , I see no reason to do 80 . I will continue as Dean Of the
Henry Kendall College Of Arts and Sciences and Professor of
History and Law at The University Of Tulsa .
2 Do you have any plans commitnents or agreements to pursue
outside employment , with or without corpensation, during your
service with the government? If 80, explain.
Yes , in light Of 1 above .
Do you have any plans , conmitnents or agreements after
completing governnent service to resune employent ,
affiliation or practice with your previous employer , business
firm_ association or
organization?
Yes , in light Of 1 above _
Has anybody nade a comnitment to employ your services in any
capacity after you leave government service?
No , although I respona in light Of 3 above .
5 If confirmed , do you expect to Serve out your full term Or
until the next Presidential election, Whichever is applicable?
Yes .
C Potential Conflicts of Interest
1_ Describe a1l financial arrangements_ deferred compensation
agreenents , and other continuing dealings with business
associates clients or customers _
16
generaClYjegal
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I ViIl continue to draw *y salary 45 Dean Of
the Henry Kendall
College of Arts and Sciences at The University Of Tulba .
2 J Indicate any investentb , obllgatlons , llablItfes , or Other
relationships whlch coula Involve potential confljets O1
interest in the position to whlch you bave been nominated,
I Xnow Of no Investnents , ObligatIons , 1fabilities, Or other
relatfonshlps Whlch would Involve a conflict Of interest, real
or potential.
3 Describe any business relationship, dealing or financial
transaction which you have bad during the last 10 years ,
whether for yourself on behalf Of 4 eiient, or acting 48 a
agent that coula in any way constitute Or result In a
possible conflict of interest in the position to_ which you
have been nominated.
I xnow Of no business or other relationships dealings Or
financial transactions occurring in the last 10 years that
pose any conflict Of interest_
Describe any activity during the past 10 years in which you
have engaged for the purpose Of directly or indirectly
influencing the Passage _ defeat or modification Of any
legislation Or affecting the adninistration and execution Of
law Or public policy.
I have no engaged in any activity during the past 10 years
that has involved direetly or indireetly influencing the
passage , defeat or @odification of any
legislation_
5 Explain how you will resolve any potential conflict Of
interest , including
any that pay be disclosed by your
responses to the above itens _ (Please provide copies Of any
trust or other agreements . )
In light Of the above , no response is required.
6 _ Do you agree to have written opinions proviced to the
Committee by the designated agency ethics officer Of the
agency to which You are nominatea and by the Office Of
Government Ethics concerning potential conflicts Of interest
or any Iegal impedinents to your serving in this position?
Yes _ I agree to have written opinions provided by the ethics
officer Of the appropriate agency and/or by the Office Of
Government Ethics.
17
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D. Legal Matters
1 S Have you ever been disciplined or CIted for a breach 0f ethlcs
for unprofeesLonal conduct or been the subjeet o1 8
copplalnt to any court
bietre_ve
agency , profeseLonal
assocLatLon, diselplnary conmIttee, or other professional
group? If provide details.
No.
2 J Have you ever been . investigated arrested, charged or held by
any Federal, State Or other law enforcenent authority for
violation Of any Federal, State_ county or municipal Jaw
regulation or orainance other than_ a @inor traffic offense?
If S0 , please provide details.
No_
3 Have you or any business Of which you are or were an officer
ever been involved as a party in interest in any
adninistrative agency proceeding or civil litigation? If 80 ,
provide details.
No .
4 Have you ever been convictea (including please of guilty or
nolo_%ontendere) Of any crininal violation other than a @inor
traffic offense?
No .
5 _ Please advise the Committee Of any additional information,
favorable or unfavorable which you feel shoula be considerea
in connection with your nomination _
None .
ES FINANCIAL DATA
Reta:ne in Committee Files. )
B0 ,
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Affidavit
Kerwit La Hall, being sworn , hereby states that he has read
and B1gned the foregotng Statenent On Blographleal and Financfal
Inforwation and that the Inforwatlon ' proviaed therein 16, to; the
best Of his knowledge , current , accurate , and, complete.
Lte _
T(xgned)
Subscribed and
sworn before ne this
30
of
Dovembe _'
1993
Spl %,1997
(Nocarx Public)
24
auly
day
Lf:
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PRE-HEARING ANSWERS FROM
KERMIT La HALL
To BE A MEMBER OF IHE
ASSASSINATION RECORDS REVIEW BOARD
I, NOMINATION_PROCESS ANDPOTENTIALCONFLICTS
1 Were any conditions expressed Or implied; attached to your
nomination to be a member Of the Assassination Records Revier
Boara (ARRB) ?
No.
2 - Have you made any commitments with respect to
poligies
Or
prograns affectea by your role as a member pf the ARRB? If
80 , what are they?
No :
3 Are there: any issues involving the ARRB from which you may
have to disqualify yourself? If please explain_
No .
4 Have you been a party to any legal actions or administrative
proceedings pertaining to access to, or disclosure of federal
records' on the subject of the assassination of President
Kennedy?
No .
II ROLE AND_RESPONSIBILITIES
1_
What particular qualifications and experiences do you bring to
the role of being a member Of the ARRB?
I am a practicing historian Of 21 years experience with a
thorough knowledge of American history and of archival and
recording management techniques_ I have previously servea on
comittees and task forces chargea with improving the
retention Of both electronic and paper records _ My service as
a scholar demonstrates I believe an even-handed approach to
major issues a Willingness to weight evidence impartially ana
fairlya and to pursue truth with fidelity to the evidence _
Moreover_ I have successfully brought to press books and
articles that have withstood the scrutiny Of my peers _ I have
worked extensively in archival _ manuscript _ and other
governmental materials both Of the nineteenth and the
twentieth centuries_ These gualities of professionalism
character_ energy , and experience are essential to the
S0 ,
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effective fulfillnent Of the duties Of a nenber Of the ARRB 48
required under the statute.
2 What do you consider to be your prInary responsibilItles and
priorities a8 an ARRB menber?
Ab a nenber Of the Boara , I will be askea to consiaer whether
8 record constitutes an assas6ination record ana whether an
assas8ination record or particular information in a record
qualifies for postponement or disclosure under the statute: In
fulfilling these responsibilities I wfll be required to adhere
faithfully to the letter and spirit Of the enabling
legislation, which carries a Presumption Of the inediate
disclosure Of all records relating to the asba8sination Of
President John F Kennedy . My responsibility is to berve the
public interest in meeting this presumption with the
underetanding that some materiale may pOse important fssues Of
national security, identify a living person who providea
confidential information and woula pose a risk Of har to that
person , invade privacy to a degree that outweighs the public
interest, andlor compromise a security or protective procedure
currently employea. In these cases a decision to postpone the
release Of a document may be warranted. The burden in these
instances 18 clearly on the agency or Other entity holding the
recora to demonstrate that the Presumption of release shoula
be set aside_ In every instance the question must be answered
whether the release Of a document woula: be 80 harmful as to
outweigh the public interest in releasing it under the terms
of the statute_
3 _ How do you envision Your relationship and responsibilities
as an ARRB member to (a) the President , (b) the Congress
and (c) _ other executive branch agencies?
As a member Of the ARRB . I recognize that my official conduct
falls under the oversight Of the Committee on Governmental
Operations of the House of Representatives and the Conmittee
on Governnental Affairs Of the Senate_ Boara members have a
duty to cooperate with the exercise Of such oversight
jurisdiction At the same tine_ the ARRB has authority to
direct Government offices to provide documents and related
finding aids for assassination records and , if necessary to
investigate the facts surrounding additional information,
records _
1 or testimony from individuals which may reasonably be
required for me to perform my duties under the statute_ The
statute creating the ARRB provides that after it has made a
finding With regara to documents obtained or developed solely
within the executive branch, the President has the sole and
nondelegable authority to require the disclosure or
postponement of such record or information under the
appropriate provisions of the statute. Throughout the statue
clearly provides that the ARRB engaged in a mutually
2
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constructive dialogue with the executive branch ana the
Congress about the: character and disclosure Of documents _
4 How do you view the job Of ARRB ExecutIve Director? What role
do you anticipate playing in the selection Of ARRB Executive
Director and Staff?
Menbers Of the ARRB are charged with appointing an Executive
Director whose responsibilities include Berving a5 a
liaison to Governaent offices; adninistering and
the Boara' 8 review Of records; and adminietering coeraftacing
the activities' Of the Board_ The Executive Director
will have no authority to decide or determine whether any
recora shoula be aisclosed to the public r postponea for
disclosure _ That duty resides with the' Board alone _ The
selection Of staff members will be done In keeping #With the
statutory requirenents _ Staff menbers will have no
authority
to determine whether a_ record should be disclosea' or
postponea .
III POLCY ISSWES
1 < Have you made any public statements oral or written
regarding the assassination Of President Kennedy Or the public
availability of government records regarding this
assassination? Please explain, ana provide copies Of any
relevant material_
I have made no public statements .
a) Can you describe what prior experience you have had , if
any with using or exanining security classified records
Of the Federal Government?
From 1968 to 1969 I servea as an Officer in the Unitea
States Army a position that required me to handled many
classified documents and Other materials_ These documents
ranged from war plans , to encrypted messages_ to
memoranda and working papers on various intelligence
matters _
b) What do you think of our current security classification
system? For example, woula you say it operates well, has
integrity, and serves the public interest?
Although I have not worked with classified documents for
some time my general sense is that the present system
probably leans too heavily toward classification and
over-Classification of materials that really do not
deserve protection_ My own experience in years past
suggests a tendency to make secret that which is:
confidential and confidential that which is really not
3
principai
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bensitive_ Such a practice is perhaps understandable
given the vicissitudes of national becurity but openness
ana the general availability Of information about the
conduct of government is to be cherLehed Jn a democracy _
3 One Of the duties Of the ARRB will be to aeteruIne Ghat
conetitutes an "asbassination recora" mhat crlterla ao you
think shoula be used to make this decision?
The statute creating the ARRB defines an asbasbination record
as a recora that is related to the assa8sination Of President
John F Kennedy , that was created or nade available for use
bY , obtained by Or otherwise came into the possession Of the
Warren Commission, the Rockefeller Commission , the Church
Commission , the Pike Commission , the House Asbassination
Conmittee the Library Of Congress , the National Archives_
Presidential libraries any Executive agency , any Independent
agency _ any other office Of the Federal Government , and any
State or local law enforcement office that provided support or
assistance Or performed work in connection with a Federal
inquiry into the assassination Of President John F Kennedy
I understand that autopsy records donated by the Kennedy
family to the National Archives pursuant to a deea Of gift
regulating access to those records or
copies and
reproductions made from such records , are not included.
IV RELATIONS WITH CONGRESS
1 Do you agree without reservation to respond to any reasonable
sumons to appear ana testify before any duly constituted
comittee Of the Congress , if confirmed?
Yes .
2 _ Do you agree without reservation to reply to any reasonable
request for information from any duly constituted committee Of
the Congress , or its duly authorized agent , if confirmed?
Yes .
4_F LHcCC
188 Nw . 1992
Kermit La Hall Date
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United States Senate
Committee on Governmental Affairs
Biographical and Financial Information requested of Nominees
A Biographical_Infomation
Name: William L: Joyce
2. Position t0 which nominated: Member of the Assassination Records
Review Board
3 Date of nomination: Friday; October 22, 1993
4. Address: 99 McCosh Circle
Princeton, 'N: J. 08540-5626
Princeton University Library
Washington Rd_
Princeton;, N: J. 08544-2098
5. Date and place of birth: Rockville Centre, N: Y on March 29, 1942
6 Marital status: Married on August 13, 1967 t0 Carol Bertani Joyce
7 . Names and ages of children: Susan, age 25, and Michael, age 21
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2
8. Education: Freeport (N: Y:) Junior- Senior High School
September; 1954- June, 1960
N Y. S. Regents High School diploma
Providence (R I.) College
September, 1960- June, 1964
B. A degree
St: John's University (N: YJ)
September, 1964- June, 1966
M A degree
The University 0f Michigan at Ann Arbor
September, 1966- August, 1974_
Ph: D. degree in American history
9 Employment Record:
William L Clements Library
The University of Michigan
Manuscripts Librarian: March, 1968- September, 1972
American Antiquarian Society
Worcester; Massachusetts
Curator of Manuscripts: October; 1972- 'July, 1981
Education Officer: July, 1977- July, 1981
The New York Public Library
New York; N: Y.
Assistant Director for Rare Books and Manuscripts:
August, 1981- December, 1985
Princeton University Library
Princeton, N: J.
Associate Librn: for Rare Books and Special Collections:
January, 1986- present
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3
10. Military Senvice: None
11_ Goverment experence:
of Worcester; Mass-, Stubbs Drawings Fund Advisory Committee, 1979-
80
Massachusetts L.S.C.A Advisory Board, 1975-77
New York State Historical Records Adv. Board, 1984- 86
New Jersey State Historical Records Adv. Board, 1987-
Panelist;, National Endowment for the Humanities,.1975, 1980, 1988, and
1990.
Project consultant; Assessment and Reporting Project;" National Historical
Publications and Records Commission, 1983- 84
12. Previous appointments: have not previously been nominated for any
position requiring Senate confirmation:
13. Business relationships:
Trustee, Conservation Center for Art and Historic Artifacts, 1992- 'present
Consultant to:
Essex Institute_ Salem, Mass-, 1980- 81
New Bedford Whaling Museum, 1980- 83
Dukes County (Mass ) Historical Society; 1979
The University 0f Wyoming, 1980
The New-York Historical Society: 1984- 85, 1987- 88,and 1990.
14. Memberships:
Society of American Archivists
Committee on Professional Standards, 1987-1992 (Chairan, 1988-1989)
Vice-President then President;, 1985-1987
Council, 1981-1985
Co-chairman, 1981 Program Committee, Annual Meeting; Berkeley, CA
Fellow, 1981
Member; Committee on Archival Infomation Exchange, 1982-1984
City
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Chairman, Task Force on Institutional Evaluation, 1977-1982, (s00
Publications)
Member, Committee on Education &nd Professional Development;, 1976-
1985
Princeton Library in New York
Trustee, 1993-
Rare Books and Manuscripts Section, Association of College and Research
Libraries (ALA)
Vice-chairman then Chairman, 1987-1989
Planning Committee, 1991-1993
Continuing Education Committee, 1984-1986
Publications Committee, 1985-1989
Bibliographical Society of America
Chairman, Fellowship Committee, 1981-1985
Advisory Committee Chairman, Publishing History Sources Project;, 1984-
1990
Research Libraries Committee, cO-sponsored by the American Council of
Leamed Societies, The Association of American Universities, and the Council on
Library Resources, 1987-1990
The Grolier Club of New York 1983-
Council, 1990- 93
Research Libraries Group
Advisory Task Force on Functional Requirements for the AMC Format;
1980-1981
Committee on Archives and Special Collections, 1985-1991
American Historical Association
Member (elected) , Professional Division Committee, . 1979-1981
Memberships only:
American Antiquarian Society
American Library Association
American Printing History Association
Colonial Society of Massachusetts
Mid- Atlantic Region Archives Conference
New-York Historical Society
Friends o the New York Public Library
City,
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5
Princeton Club of New York
William L Clements Library Associates, The University of Michigan
15. Political affiliations and activlties:
a) have never held office in a political-party or been a candidate for public
Office.
b) have not been a member of or held office In a political party or election
committee_
C) Though have made contributions t0 candidates for public office, have
never contrbuted as much as S50 t0 any candidate.
16. Honors and awards:
Graduate assistantship, St John"s University, 1966.
Dissertation research grant; The University o/ Michigan;, 1970
Fellow, Society of American Archivists, 1981
17 Published writings:
'The Scholarly Implications of Documentary Forgeries;' in Fqrged
Documents: Proceedings o_the_1989 Houston Conterence, Pat Bozeman; ed:
New Castle, Del.: Oak Knoll Books, 1990.
"Foxes Guarding the Hen House: Archivists in Special Collections;
Provenance: Joumalot_the Society ot Georgia Archivists; v: 7 (1989), 53-60.
"Archival Education: Two Fables; Amercan Archivist, v. 51 (1988), 16-22.
"The Evolution of the Concept of Special Collections in American
Research Libraries; Rare Books and Manuscrpts Libraranship, v.3 (1988); 19-30.
'An Uneasy Balance: Voluntarism and Professionalism' , Amercan
Archivist; v.50 (1987), 7-12.
"Rare Books, Manuscripts, and Other Special Collections Materials:
Integration or Separation?" College and Research Librares; V. 45 (1984), 442-45.
Archivists and Research Use; Amercan Archivst; V- 47 (1984), 124-33.
HHistorical Records Repositories; in Documenting Amerca:
Assessing the Condition of Historcal Records in the_States; Lisa
B. Weber, ed. (Washington; D C:: National Historical Publications and Records
Commission, 1984):
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with David D. Hall, Richard D: Brown &nd John B. Hench; eds. Printing and
Society in Early America, (Worcester; Mass:: American Antiquarian Society, 1983).
with Jo Pugh; Evaluation o{ Archival Institutions: Sences
Principles_Guide_to Self-Study (Chicago: Society 0f Amercan Archivists; 1982)
Antiquarans and Archaeologists: The American Antiquarian Society:
1812-1912,' Proceedings ot the Amercan Antiquaran Soclety, V. 89 (1979), 123-52:
"Introduction; in Catalogue ot theManuscrot Collections ot the Amedcan
Antiquaran Society; 4 vols: (Boston: G: K Hall &nd Co-, 1979)-
with Michael G Hall, 'The Half-Way Covenant of 1661: Some New
Evidence;" Proceedings ot the American Antiquaran Society V. 87 (1977), 97-110.
Editors and Ethnicity:A Histony qt the Irsh-Amercan Press184821883
(New York: Arno Press, 1976).
18. Speeches: do not believe that have made any speeches on topics directly
relevant to the position for which have been nominated.
19. Congressional testimony: On March 10, 1987 testified briefly as President
of the Society of American Archivists before the House Committee on Appropriations,
Subcommittee on the Interior, in support of the annual appropration tor the National
Endowment for the Humanities:
20_ Selection:
a was selected by the President from among three nominees supplied by the
President of the Society of American Archivists, in accordance with the procedure
outlined in Assassination Materials Disclosure Act of 1992 (PL. 102-526):
b) My education as a historian and my background and experience as a
professionally active archivist, curator; research library administrator, and archival
educator qualifies me for the position for which have been nominated:
B: Euture_Employment Relationships
1, Because the position for which have been nominated is a temporary
responsibility as a member of a Federal board, have not resigned my permanent;,
full-time position at Princeton University:
Mary
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2. have not resigned my permanent position at Princeton University, &s have
stated above, &nd expect to meet my responsibllites at Princeton whlle also servng
tho govemment also have a temporary teaching assignment for & twelve Week
perod, from January 10 through March 25, 1994, at the University of Califomia, Los
Angeles, though have arranged my schedule in order t be able to attend meetings
of the Assassination Records Review Board: have also arranged a leave from
Princeton for this period:
3- My only commitment during my service with the govemment Is t0 continue in
my peranent position working tor Princeton University, as stated above:
4. The only commitment that have after my govemment service is concluded is
t0 continue my work in the Princeton University Library: have received nO Other
offers Ior commitment of my services after this assignment is concluded:
5. If confirmed;, | will continue my service on the Assassination Records Review
Board for as long as necessary:
C. Potential Conllicts of Interest
The only financial arrangements that have maintained are those related to the
exercise of my duties in the Princeton University Library and as a temporary
instructor in the Graduate School of Library and Information Science at UCLA this
coming Winter quarter:
2. do not believe that have any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in the position for
which have been nominated:
3 do not believe that have had any business relationship, dealing, or financial
transaction over the last ten years that could constitute or result in a possible conflict
of interest in the position for which have been nominated:
4. In the past ten years, the only activity in which have engaged t0 influence the
passage, defeat or modification 0/ any legislation or affecting the administration and
execution of law or public policy, has been to write occasional letters on behalf of
legislation affecting my chosen professions of research librarianship and archives
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-8-
5. Should there be any possible conflicts of interest in connection with my service
as & member of the Assassination Records Review Board, would receive
infomation from all affected parties, and take appropriate steps t0 eliminate the
confict;
6. agree without reservation t0 having wrtten opinions provided t the
Committee by the designated agency ethics officer of the agency for which have
been nominated, as well as by tne Office of Govemment Ethics conceming potential
conflicts o interest or any legal impediments t my serving in the position for which
have been nominated:
D Legal Matters
have never been disciplined or cited for a breach of ethics for unprofessional
conduct by, or been the subject of a complaint to any court, administrative agency;
professional association, disciplinary committee, or Other professional group.
2. have never been investigated, arrested, charged or held by any Federal,,
State, or other law enforcement authority for violation ofany Federal;, State, county or
municipal law, regulation , or ordinance:
3 have not been involved as a party in interest in any administrative agency
proceeding or civil Iitigation, nor has any business Of which am or was an officer.
4 have never been convicted (or offered pleas of guilty or nolo contendere) of
any criminal violation other than minor traffic Offenses.
5 am not aware of any other information; favorable or unfavorable, which think
should be considered in connection with my nomination:
E FINANCIAL DATA
Retainea in Committee Files. )
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ANsWERS TO PRE-HEARING QUESTIONS
BY WILLIAM LJOYCE
NOMINATED TO BE A MEMBEa OF THE
ASSASSINATION RECORDS REVIEW BOARD
NQMINATION PRQCESS ANDPQTENTIACONELICTS
There have been no conditons, expressed or implied; attached t0 my
nomination to be a member of the Assassination Records Review Board (ARRB):
2 have made no commitments with respect to policies or programs
affected by my role &s a member of the ARRB
3 am not aware of issues involving the ARRB from wich would
have t0 disqualify myself:
4. have not been a party t any legal actions or administrative proceedings
pertaining to access t0, or disclosure of, federal records on the subject of the
assassination of President Kennedy:
RQLE AND_RESPONSIBILITIES
The particular qualifications and experence that | bring to the role of
being a member of the ARRB are the training and experence have acquired as
a historan; in addition t0 my work-related experence as &n archivist end
research library administralor:
2. My primary responsibilities and prorties as & ARRB member are to
eslablish, in concert with other Board members, clear policies and sound
procedures that can guide the work ol the staff that the Board is t hire. Once
policies and procedures are set and staff is in place, it is the Boards clear
responsibility to oversee the training of staff in effective procedures for reviewng
classified records; to advise staff in problem areas, and to oversee their work
generally:
J 1-1 F-0? cDl
any
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22:
3. As &n ARRB membor; envision my relatonship end responsibilibes to:
0) the President to be one of feithfully executing t the best of my
ability the provisions contained in the President John F. Kennedy
Assassination Records Collection Act of:1992
b) the Congress t be one of fullilling the puroses of the same
legislation to the best of my ability, end t responding fully to
requests for infomation from epproprate oversight groups
conceming our progress;
other executive branch agencies to be one of cooperating to the
utmost of my ability to facilitate the review ol any of their
assassination records and to provide them with full infomation
conceming our activities.
4 view the job of ARRB Executive Director to be one of organizing staff
fr the most efficient and effective implementation of the policies and procedures
adopted by the Board. Apar from setting policies and procedures, tere is no
more important task for the Board than hiring the best-qualifed Executive
Director and overseeing the Executive Directors hiring of staff,
PQLICY_ISSUES
1
have not made any public statements - oral or written - regarding the
assassination of President Kennedy or the availability of govemment
records regarding this assassination:
2. As an ARRB member; will be examining securty classified records with
a view t at least partial public disclosure:
a) have had pror experience with securty classified records first in
working with the Papers of Senator Arthur Vandenberg at the William L:
Clements Library at The University of Michigan, where we had to initiate a
declassification review ol parts of those papers, &nd, second, in my curent duties
at Princeton University Were we have had to initiate contact with te State
Department conceming the declassification review of hundreds of reels of
microfilm of the most important state documents as selected by John Foster
Dulles himself;
b) The current security classification system certainly has integrity:
would hope that, in the interest of a fully infomed citizenry and accountable
officials, that somewhat more emphasis might be given to disclosure of
records after the passage of a specified period of time , allowing for agency
J J-16-93 12 : )EfR: For
public
public
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initiatve t classify records beyond that time when they fall into specifi
categores thet, in order to protect the national interest or privacy interests, must
contnue to be restrcted:
8 Tha crtitera l be used t0 detenine wat constitutes an assassination
record will likely consist of several elements; the prximity of the record eitherto
the tme of the assassination or to tne related activity Of en essassinaton
Principal, endor the conlentof the record manifestly relating it t the
assassination, or an essociation of the record to the related activity of someone
know t have been involved in events plausibly connected t0 the assassination.
IV RELATIONS WITHCONGRESS
If confimed, | agree without resemvation t respond t0 any reasonable
summons t appear and testify before any duly constituted committee of the
Congress:
2. If confimed, | agree without reservation to reply to any reasonable request for
infomation from any duly constituted committee 0f Congress, or its duly
auithorzed agent;
PRASRCRVBDIPre-hearing questions wn
1!-J€-93 12:Jepa Po0s #}1
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A= BIOGRAPHICAL INFORMATION
1. Nane: -
Anna Kasten Nelson
(former nane used: Anna Louise Kasten)
2 Position; to which nominated:
John F_ Kennedy Assassinations Records Review Board
3 , Date of nomination:
October 25 , 1993
4 Address:
Residence: 3121 Quebec Pl.N.W. Washington , D.C_ 20008:
Office: Departwent Of History, The Anerican University
Washington , D.C, 20016
5 _ Date and place Of birth:
Fort Smith, Arkansas , 12/1/32
6 . Marital status:
Married, Paul Nelson
7 < Names and ages of children:
Eric M. , 34 .
Michael S,
0
31
8 < Education: List secondary and higher education -institutions _
dates attended , degree received and date degree granted.
Ft- Smith (AR) High School 1950
Ft - Smith Junior College (now Westark) 1950-1952 _ A.A.
University of Oklahoma _ 1952-1954 ; B.As
University Of Oxlahowa 1954-1956 , M.As
Ohio State University, 1961-1964 _ Ph. D. candidate
George Nashington University 1965-1972 , Ph. D.
9 _ Empleyment record: List all jobs held since College including
the title or description of job, name of employer . location of
work, and dates of employwent .
(See attachment A)
10 _ Military Service: List any military service , including dates
rank ana type of discharge.
None
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Page 2
11_ Government experlence: List any advIsory , consultative,
honorary or
other part-tine service or positions with: Federfal,
State or local governments_ other than those list above_
Department Of State Advisory Connittee on Historical
Diplomatic Docunentation (Representing the Organization
Of Anerican Historians)
b. Reviewer and/or Panel Participant , National Endowment
of the Humanities
12 _ Previous Appointnents: Prior to this appointnent _ have you ever
been noinated for a position requiring confirwation by the
Senate?
No
13 _ Business relationships: List all positions heia
as an
Officer,
director_ trustee, partner _ proprietor agent_ representative_
or
consuitant
of any corporation, company , firw_ partnership,
or other business enterprise, educational or other
institution.
None
14.. Hemberships: List all penberships and offices hela in
professional _ business fraternal_ scholarly, civic, public,
Charitable ana other organizations_
AnerIcan Elatorieal AegocIation
Jt_ Committee of Historians 6 Archivists , 1988-1991
Member (elected) Research Division, 1986-1988
Congressional
Feilowship Connittee
1
1984
Organizatlon o2 Anerican Eatorlang
Cowittee on' Access_ 1982-1988 (Chair_ 1984-1986)-
Jt- Committee Of Historians 6 Archivists_ 1982-1984
(Chair 1983)
Frederick Jackson Turner Prize Cowmittee_ 1980
Bociety for Elgtorians of AmerIean Foreign Relations
Editorial Board , DiplomaticHistory; 1991-1993
Cowmittee on Documentation, 1989-1991 (Chair)
Governnent Relations Committee_ 1985
National Council or Publle Eletory
Editorial Board The Public Historian, 1991-1993
Publications 'Committee, 1985-1989 (Chair)
Executive Committee _ 1984-1986
Boelety for Bistory Io tbe Pederal Governnent
Executive Committee, 1980 , and 1993-1994 .
15.Political affiliations and activities:
(a) List all offices with a
political party which you have
held or any public office for Which you have been a candidate.
None
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Page 3
(b) Liet 4ll nemberships and offices held in and services
rendered to 4ll polltical parties or election committees
during the last 10 yearb .
None
(C) Itemize all polftical contributions to any individual;
Campaign organization, political party, political action
conmittee, or Bimilar entity of 's50 Or more for the past 5
years .
Records only available for last three years.
1991 Emfly' 6 List S200
1992 Emily' 8 Llet S700
1993 Emily'8 List S100
16_ Honors and awards: List all scholarships _ fellowships _ honorary
degrees , honorary society pemberships military medals ana any
other special recognitions for outstanding service or achievenents.
Society for History in the Federal Governnent _ FrapklIn
Do Roogevelt Prize , 1988 (For the Advancement Of
Historical study of the Federal Government _
Harry S, Trunan Library Institute_ Regearch Grant , 1987
Anerican Historical Association_
0
Boveridge Grant, 1985
George Washington University Graduate Fellovebip, 1968
University Of Oklahoma_ Tultion Bebolarehip, 1953
17 _ Published writings: List the titles, publishers and dates Of
books articles reports Or other published waterials hich you
have written_ It would be helpful for the Committee to have three
copies of each published writing. Please denote any of those for
which you are unable to provide copies.
See Attachment B including list of copies
supplied.
18 Speeches: Provide the Comnittee with three copies of .any foral
speeches you have delivered during the last 5 years Of which you
have copies and are on topics relevant to the position for which
you have been nominated .
The following is a list of speeches _ Some have been
reprinted (see publications) Others do not seem relevant to this
position but can be made avaible to the Cownittee if So desired_
"Foreign Policy of_ Woodrow Wilson , 11 Smithsonian
Associates October 1993 (notes only)
"Rethinking NSC 68 01 Seminar on the Cold. War, Institute
of Policy Studies _ October 1991-
"George Aiken: Senator from Vermont _ Aiken Lecture
Series Conference , October 1991
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'1
M Eisenhower and the National Security Process m Lecture
Eisenhower Center . University of New Orleans , October _ 1990 .
The' Evolution of the Anerlcan Forelgn PolIcy Process
from Roosevelt to Reagan, " Lecture Forelgn Relations
Association of New Orleans April 1990 _ (notes only)
"Kennedy' 8 National Security Pollcy: A Reassessment _ 0
Anerican Historical Association, December 1989 _
"Researching Congress: The: Paradox Of Sources_ m A
Bicentennial Research Conference On the Congress_ 1989 _
"Before the National Security Adviser: Dia the NSC
Matter?m Soc . for Historians Of Anerican Foreign Relations_
June 1988 _
nThenes in American Diplomacy , m Foreign Service
Institute, May 1988 . (notes' only)
19 _ Congressional Testimony: Have you ever testifiea before 4
Committee Of the Congress? If s0 , please provide detalls, Including
date(s)
a,
Bepate Judiclary BubeonmIttoo on tbe ConetItutton,
November 12 , 1981 , in support Of Freedom Of Inforwation
Act, (FOIA) Representing the Organization of Anerican
Historians (OAH)
b Houge Bubconmitteo On Govexnnent Intorqatlon ad
Individual Rigbts March 10_ 1982 _ in opposition to the
draft Executive Order on National Security Information.
Representing the American Historical Association (AHA)
OAH and Society of Historians of American Foreign
Relations (SHAFR)
CJ Benate 8elect ConnIttoo On
Intelligenee. June 28
1983 _ on S 1324 , in opposition to the CIA modification
of FOIA. Representing OAH and AHA
a. Senate Conmittee on. Governmental Affairs_ Septenber 9
1986 _ in opposition to unqualified noninee for Archivist
Of U.S_ Representing the Society for History in the
Federal Government _
e Houge Bubconnittoe on Rules 01 thbe Houge , September
17 1986 _ in support of H.Res . 114. (preservation and
access to House records) Representing the: National
Coordinating Committee for the Promotion Of History.
20 . Selection:
(a) Do you know why you Kere chosen for this nomination by the
President?
Nane includea on list of names provided by the American
Historical Association.
(b) What do you believe in your background or employent
experience affiratively qualifies you for this particular
appointment -
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Page 4
Flrst , 8Ince 1976 , when I becane a staff @ember Of the
Public Docunents Conmlesion, I have been engaged in studles 'Of
public records and have becone xnowledgeable about government
recordkeeping and archival practices_ I also have been a consistent
supporter Of the preservation Of recordb and tinely access for
historical research _ Between 1980 ana 1988 I participated as 8
speaker On 15-16 programs having to do with public records_
archives Or governnent information policy
Second , as an active researcher In foreign policy records
as well as congressional records during the initial stages Of the
Cola War era I albo have an understanding Of the nature OE
research and the kina Of documentation required for such research _
Third, 48 8 member Of an advisory conmiteee On
documentation in the State Department (which requirea a nesuait
clearance) I have an 'appreciation Of the kinds Of docunentb
governnent agencies find too sensitive to release .
Finally, I believe that in my work on preservation and
access I have illustrated a personal integrity that has alloved ne
to gain the trust of my professional Colleagues_
B. FUTURE EMPLOYMENT RELATIONSHIPS
Not Applicable
C POTENTIAL CONFLICTS OF INTEREST
1. Describe all financial arrangements deferred compensation
agreenents _ and other continuing dealings With business associates ,
clients or customers _
none
2 < Indicate any investments _ obligations_ liabilities Or other
relationships which could involve potential conflicts of interest
in the position to which you have' been nominated _
none
3 Describe any business relationship, dealing or financial
transaction which you have had during the last 10 years , whether
for yourself on behalf of a client _ or acting as an agent that_
coula in any way constitute or result in a possible conflict Of
interest in the position to which you have been nominated .
none
4 _ Describe any activity during the past 10 years in which you have
engaged for the purpose of directly or indirectly influencing the
passage defeat or modification of any legislation or affecting the
administration and execution of law or public ppolicy.
See item 19 testimony before Congress_
5 _ Explain how you will resolve any potential conflict of interest ,
including
any that may be disclosed by your responses to the above
items: (Please provide copies of any trust or other agreements. )
not applicable
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Page 5
6 _ DO you agree to have written opinions provided to the Committee
by the designated agency ethics officer of the agency to which You
are noninated and by the Office Of. Government Ethics concerning
potential conflicts of interest or any legal .impedinents to' your
Serving in this positionF?
Yes .
Da LEGAL MATTERS
1_ Have you ever been diseiplined Or cited for a breach of ethics
for unprofessional conduct bY , Or been the subject of a complaint
to any court, administrative agency= professional association ,
disciplinary committee, or *other professional group?
No
2 Have you ever been investigated, arrested charged or hela by
any Federal State or other law enforcenent authority for violation
Of any Federal , State county or municipal law regulation or
ordinance _ other than a minor traffic office?
No
3 _ Have you or any business Of which you are or were an officer
ever been involved as a party in interest in any administrative
agency proceeding or Civil litigation?
No_
4 _ Have you ever been convicted (including pleas of guilty or nole
contendere) of any criminal violation other than a minor traffic
offence?
No
5 _ Please advise the Comittee Of any additional information ,
favorable or unfavorable which you feel shoula be considered in
connection with your nomination_
No additional information seems necessary _
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E_ FINANCIAL DATA
Retained in Connittee Files. )
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PROFESSIONAL EXPERIENCE
Academiec
Adj . Professor in History
The American University, 1986-1988 , 1992-
Distinguished Visiting Professor in History
Arizona State University, January-June
1
1992
Assoc. Professor in History
The Anerican University , 1991
Adj . Assoc . Professor in History
Tulane University , 1988 1990
Director_ Landmarks Program in American History,
The Anerican University 1987-1988_
Coordinated a biennial conference cosponsorea by the
Smithsonian- National Museum Of Anerican History , "Women ana
the Constitution: 200 Years _
Adjunct Associate Professor in History
George Washington Universitye 1977 0
1985
Director_ History and Fublic Policy Program,
George Washington University , 1980-82.
Established a new M:A. program Within the history department
to prepare historians for professional participation in
public agencies and private organizations concerned with
public policy.
Visiting Assistant Professor in History_
George Washington University 1975-1976 .
One year appointment in U.S: Diplomatic History.
Instructor_ Assistant/Associate Professorial Lecturer in History,
George Washington University , 1970-1975
"'5
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PROFESSIONAL EXPERIENCE:
Concurrent Non-Academic Positions
Consultant . Historical Division, Arwy Corps Of Engineers , 1985-89 ;
Prepared a book length manuscript on the history Of the
Office Of the Assistant Secretary of the Army/Clvil Works _
Book based upon research in federal records and manuscript
collections as well as oral interviews _
Project Director, Cowmittee on the Records Of Governnent
1983-April 1985 _
Chief investigator, aduinistrator and author with Committee
Chairan Ernest Ra May of the final report Of a foundation
funded study sponsored by ACIS , SSRC ana CLR Creation Of
the Conmitteee was prompted by a concern for the effect Ofx
technological changes (principally computers) on public
records and archives .
Historical Consultant , National Academy of Public Aduinistration
panel "The Role of the President in Managing the Federal
Government_ 1979-80.
Organized and coordinated research in four presidential
libraries ana the National Archives for a group of
political scientists preparing issue papers for panel
neetings and books ana articles for publication. Preparea
chapter for publication
On the President ana the National
Security Council_
Consultant Congressional Research Service (National Government
Division) Library of Congress July-August, 1979 _
Organized and preparea a
report
On governnent historical
offices, federal records and the National Archives ana
Records Service_ This report was preparea at the request of
the Subcommittee on Government Information_ Government
Operations Committee_ U.S.House of Representatives _
Consultant Congressional Research Service (Foreign Affairs and
National Defense) Library of Congress_ September 1978 -
January_ 1979 _
Researched material in presidential libraries and private
manuscript collections for a report on the role of Congress
in the Vietnam War_ Also conducted oral interviews with
former members of Congress and former members Of the
Executive -
Staff Consultant, Select Conittee on Congressional Operations _
U.S_ House of Representatives_ July September_ 1978 _
Organized _ researched and prepared a draft report on the
records of the House of Representatives and the papers of
Members of Congress _
July
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Consultant Bicentennial Council of the Thirteen Orlginal States
0 September 1977- February 1978 _
Prepared history-related' material for a commenorative
conference held in York Pennsylvania Novenber. 1977 _
Assisted in conducting:
a conference Of educators Erom
museums _ libraries , national organizations ana adult
education groups .
Interim Director_ "Project 87 _ 0 a project Co-sponsored by the
American Historical Association and the Anerican Political
Science Association June-August , 1977 _
Coordinated the activities of the funding groups ana
Bponsoring organizations. Created an administrative
framework for the initial stage of the project.
Research Associate National Study Commission on. Records and
Documents of Federal Officials_ June 1976-May 1977 _
Initiatea and preparea two studies for the Commission; a
study of foreign policy records and papers ana a study Of
government historical offices and public records _ Also
preparea a study of the federal depository: library program ,
assisted the director in conducting panels and public
hearings and assistedin writing and editing the first and
subsequent' drafts of the Commission report_
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' 18
PUBLICATIONS
"The Importance Of Foreign Policy Process: Eisenhower and the
National Security Council in EiBenhower: A Centenary
Assessmentz ISU Press , (forthconing)
#The Ubiquitous Mr . Clifford, 0 (Review Essay) Diplomatic
Eetory,_Winter 1993 _
"The Historian'6 Dilenna Understanding_Congregs: Research
Perspectives Government Printing OEZIce , 1991.
"President Kennedy' s National Security Policy:
A
Reassessment _ Qo Reviews in Anerican History, March 1991_
"Government-Sponsored Research: A Sanitized Past?"
(Rounatable) The Public Historian Sunmer 1988 _
"John Foster Dulles and the Bipartisan Congress _ 01 Political
Seience_ QuarterlY Spring, 1987
"The Committee on the Records of Government: An Assessment ,
jovernment Infomation Quarterly, Spring , 1987)
"Jane Stors Cazneau: Disciple of Manifest Destiny , 01
roloque' (Spring, 1986)
"President Truman and the Evolution Of the National Security
'ouncil," Journal Of AnericanHistory, September , 1985 .
On Top of Policy Hill' President Eisenhower and the
ational Security Council_ Diplomatic History, Fall, 1983 _
State_Department_PolicY_PlanningStaff
epere' 1947-1949 (3 vols. ) (ea.) Garlana Press , 1983
"The Public Documents Commission: Politics and Presidential
ecords _ 0t Government PublicationsReviec, Vol _ 9 , 1982 .
"Challenge of Docunenting the Federal Government in the
'tter 2oth Century, " Proloque' July, 1982 _
"National Security I: Inventing A Process (1947-1960)
'clo/Salamon , eds _ The Illusion Qf Presidential Government ~
'stview Press , 1981 -
"Destiny and Diplomacy 1845-1865 _ Ii Haynes/Walker eds _
erican Foreign Relations: A Historiographical Review : Greenwood
ess_ 1981
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"Disorder in the House: The Inaccessible Record_ 0 The public
Historian, Summer _ 1980 .
The Recordskor Federal_Qfficials. (ed.) Garland Press , 1979 .
"Government Historical Offices and Public Records , 01 American
Archivist, October 1978 _
"Mission to Mexico: Moses Y Beach , Secret Agent, " New-gork
Historical Society_Quarterky, July, 1975.
"Secret Agents and Security Leaks: James X Polk and the
Mexican War 1i Journalism Quarterky, Spring , 1975.
Secret Agents: President Polk and the_Search for Peace_with
Mextco
L
Revised Ph.Da_ dissertation publiShea in the Modern
Aerican History Series , Garland Press , 1988 _
Brofessional _ Newsletterg and_Newspapers
"The U:S_ Must Declassify Its Cola-War Documents _ (with
Richara H. Kohn) The Chronicle of Higher Education_(Point Of
View) September 16 _ 1992 _
"Congress Must Harness NSC , 1 New Orleans Times-Picayune July
14 , 1989 _
"Irrational Policies on Access to Government Records Are Jndercutting Our Ability to Understand History, M TheChronicle Of Ligher_Education_(Point of View) September 28 _ 1988
"Classified History Newsletter, Organization
Of American
[istorians August , 1984 _
"In Support of History Perspectives (American Historical
ssociation Newsletter) February , 1984 -
"History Without Historians _ Newsletter' American Historical
ssociation, February , 1978 _
"Foreign Policy
Records and Papers: A Case Study Of One.Group
€ Documents 1i Newsletter Society for Historians of American breign Relations , June-December _ 1977 .
j0k Reviews
Anerican Archivistz (Fall 1988) Annals of Iowa (Summer
188) Journal of Southern History (Summer 1988) ; The_Public
storian (Summer 1988) Southwestern Historical
anuary, 1989) Technology and Culture (April 1989)
14p}e otitical
1 'fence Quarterly_ (Spring 1989) Journal 0f American History_
une 1991) ; AmericanHistorical Review, (April 1992) PublIc
storian (Sumer 1992) Journal of American History (December ,
92)
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Anna K.Nelsm
PRE-HEARING QUESTIONS
ASSASSINATION RECORDS REVIEW BOARD
I Nomination Process ana Potential Conflicts
1. Were any conditions expressea or Implied, attached to your
nomination to be a nenber Of the Assassination Recoras Review Boara
(ARRB) ?
No
2: Have you made any conitments with respect to
policies
or
programs affected by your role as a member Of the ARRB?
No
3 . Are there any issues involving the ARRB from which you may
have to disqualify Yourself?
No
Have you been a party to any legal actions or
administrative proceedings pertaining to acCess: to, or disclosure
Of _ federal records on the subject Of the assassination Of
President Kennedy?
No
II. Role and Responsibilities
1. What particular qualifications and experience do you bring
to the role of being a member Of the ARRB?
a Staff member Of the Public Documents Commission .
created by Congress after the Nixon tape controversy _ This
Commission held hearings , sponsored studies on
public records and
wrote a final report_ As a staff member I was introduced to the
promises ana problems of preserving federal records and providing
access to them .
b Project Director Committee on Records Of Government .
This foundation funded project was designed to study the
relationship between information managenent ana records management ,
particularly as it applies to computer generatea records. As
project director I worked closely with the Chairman Of the
Committee and its members_ I organized hearings wrote sumnaries Of
the hearings to be circulatea to the Cowmittee and was responsible.
for preparation Of the final report_
C As an historian of Anerican Foreign Relations I have
researchea documents in the National Archives (including four
Presidential Libraries) from the era of the Cola War I am very
familiar with "withdrawal" notices of classified material as well
as the kind of material that has been released _
d. I have been elected and/or appointed to several
comittees sponsored by various historical organizations that have
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page 2
been concerned with the declassification Of hietorically valuable
documents _ As a result, I a very familiar with FOIA ana the
Executive Orders that control declassification.
2 What do you consider to be your primary responsibilities ana
priorities
as an ARRB member?
The primary responsibility of the ARRB is to ensure the revier-
and facilitate the public disclosure Of records relating to the
assassination of President Kennedy. It i6 important to note that it
i8 not the responsibility %f the Board or its membere to reach any
conclusions about the participants or events Of the assassination.
Instead the Board must ensure that the agencies comply with the
law ana either open or present to the Boara ALL aecunents
pertaining to the assassination_ The oblgation Of each nenber 1s
to carefuily study the documents that have not been diselosea
to weigh the need for public disclosure against the protection of
national security. A major priority Of the Boara shoula be the
preservation of its own integrity in order to ensure the
restoration Of government credibility regarding the assassination.
3 _ HOw do. you envision Your relationship and responsibilities--as
an ARRB member Be to (a) the President , (b) the Congress , and (C)
other executive branch agencies?
a ana b: My responsibility to the President and Congress is to
fulfill the trust and perform the tasks mandated by the legislation
to the best Of my ability. I would be Willing to confer with
members Of the White House staff and the Congress_ on the progress
Of the Board if it is necessary to do s0 to preserve the integrity
of the process _
C The relationship with other executive branch agencies may
prove more problematical_ To restore public confidence the Boara
must be guaranteed complete compliance with the law by- all the
agencies with assassination-related records _ I woula try to ensure
that agencies have_ indeed searched for all relevant records and
have either provided' public access to them or preparea them for
action by the Boara .
4 < How do you view the job Of ARRB Executive Director? What role do
you anticipate playing in the selection of ARRB Executive Director
and staff?
As described in, the statute, the Executive Director should be
responsibile for all administrative duties_ These will involve
serving as a liaison to the agencies describing the universe of
records_ organizing' hearings (if necessary) : etc_ The Executive
Director will not be responsible for policy ana should not be
responsible for determining which documents can be opened to the
public-
I would anticipate that every Board member would actively seek
candidates for the position of Executive Director_ However since
five individuals cannot effectively
run a Board _ the elected Chair
yet
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page 3
Of the Board will be the person who will be closely working witb
the Executive Director. Thub . the Chair Bhould be particularly
involved in the selection process
III Policy Ibbueb
1. Have you made any public statenents oral or written
regarding the assassination Of President Kennedy or the public
availability Of government records regarding this assassination?
No
2 Members Of the ARRB will be examining security classifiea
records with a view to their declassification ana public
disclosure
0
in whole or in part, at some tine in the future.
a) Can you describe What prior experience you have had, if
any with us_ or examining security classified records Of the
Federal Government?
As a member of the State Departnent Advisory Comnittee on
Historical Documentation I have examined documents that have been
deemed security classified (including intelligence docunents) and
have participated in discussions Of disclosure of documents .in the
Eoreian Relations Of the United_ Stateg series with desk officers of
State who aia not wish to see these documentb publishea. I have
also participated in meetings with ageny personnel whose
responsibility included preserving national security related
documents .
b) What do you think Of our current security classification
system? For example would you say it operates well_ has integrity,
and serves the public interests?
The current system is extrenely expensive labor
intensive and subjective in its implementation_ It has resulted in
an
enornous backlog of docunents over 30 years ola ana has further
eroded public trust and government Credibility. The current attempt
to rewrite the Executive Order governing the security
classification system reflects the awareness of the White House and
executive agencies that the current system is no longer viable; it
does not operate efficiently, sacrifices the integrity Of the
record and does not_ therefore; serve the public interest_
3 One Of the duties Of the ARRB will be to deteraine what
constitutes an "assassination recoram Rhat criteria do you think
shoula be used to make this determination?
This will be One of the most difficult problems facing the
Board _ First I think I Would seek information from the agencies On
what they regarded as an assassination record_ Second _ since this
goes to_ the heart of public confidence _ I think this is a question
that probably should be the subject of an open hearing_ Currently
my sense is that the Board wil] have to determine parameters for
ing
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4
the kinds Of records sought , but that these should be"' 4s broad; ,46
possIble.
IV _ Relations Rith Congress
1. Do you agree without reservation to respona to any reasonable
sunons to appear and testify before any consituted' comnittee
of the Congress , if confirmea?
yes
2 - Do you agree without reservation to reply to any reasonable
request for information from any duly consituted committee pf the
Congress , Or its duly authorized agent , if confiried?
yes .
page
auly
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BIOGRAPHICAL AND FINANCLAL INFORMATION REQUESTED OF NOMINEES
BIOGRAPHICAL NFORMATTON
L. Name: '(Include any former names used )
John Raymond Tunheim (Jaek
2. Posilion to which nominated:
Assassinaton Records Review Panel
3. Date of nomination:
September; 1993
4. Address: (List current place of residence and office addresses)
Residence: 704 South Thid Steet, Stillwater; MN55082
Office: 102 State Capitol, St Paul; MN 55155
5. Date and place of birth:
9130/53 Thief River Falls, MN
6. Marital slatus: ' (Include maiden name Of wife Or husband 'S name.)
Married to Kathryn Hill Tunheim (maiden name: Kathryn J. Hill)
7 Names and ages of children:
Elizabeth Star Tunheim, age 9; Samuel John Tunheim, age 5.
8. Education: List secondary and higher educalion institutions, dates attended, degree
received and date degree granted:
Marshall County Cental High School, Newfolden, MN 1965-1971, June, 1971;
Concordia College, Moorhead, MN 1971-1975, BA sumna cwn laudc with honors, 1975;
University of Minnesota Law School, Minneapolis, MN' 1977-1980, J.D cum laude, June 1980.
John R. Tunheim Novembcr 4, 1993
May,
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9 Employmela record: List ell jobs held since college; including the title or description of
job, name of employer, location of work, and dates of employmenl (Please use separate
attachment, if necessary))
1. United States Senate, Officc of Senator Hubert H Humphrey, Field Representative,
Minneapolis, MN
7nS t0 10777
2 Frccman for Congiess, Piess and Issues Director, SL Louis Park MN
6078 t 1108
3 Oppenheimer; Wolff; Foster; Shepard & Donnelly (law firm) , Summer Associate, St-Paul,
MN
6079 to 9079
4
United States Distict Court, Senior U.S. District Judge Earl R: Larson, Judicial Law
Clerk, Minneapolis, MN
8/80 t0 8/81
5. Oppenheimer, Wolff, Foster, Shepard & Donnelly (law firm), Associate Attorey,
St Paul, MN
10/81 t 11/84
6. State of Minnesota, Office of Attomey General, Assistant Attomey General, Manager;
Public Affairs Litigation Division, St Paul MN
11/84 t0 9/85
7. State of Minnesota, Office of te Attorney General, Solicitor General, St Paul, MN
9/85 t0 6/86
8. State of Minnesota, Office of the Atlorney General, Chief Deputy Attorney General,
St Paul; MN
6/86 to present
10. Military Service: List any military service; including dates, rank, and type of discharge:
None.
John R. Tunheim Novembcr 4 , 1993
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65
II.
Governmert experience: List any advisory, consultative, honorery or other part-time
service or positions with Federal; State, or Iocel governments, other than those listed
above
Federal Practice Committee, United States District Court for the District of Minnesote;
member (1990 to present)
Advisory Committee O Reducing Cost & Delay, United States District Court for the
District of Minnesota; member (1991 present); chair, Internal Court Management
Subcommittee (1991 Prescnt)
Stillwater Charter Commission; member (1989 - present); Vice-chair (1992 - Present)
Washington County Planning Advisory Commission; chair (1989-1992); member
1992)
Governor'$ Select Committee on the Impact of Drugs on Crime, Education, &nd Sociel
Welfare; member (1989-1990)
Govemor'$ Blue Ribbon Commission On the Crisis in Liability Insurance; member {1987-
1988)
Minnesota State Bar Association/Attorney General Task Force 0n Legal Advice to
Farmers; chair (1985-1986)
Govemor'$ Superfund Task Force; member (1984-1985)
12 Previous Appointments: Prior to this appointment; have you ever been nominated for a
position requiring confirmation by the Senate? If $0, please list each such position,
induding the date of nomination, Senate confirmation, and Committee hearing, if any:
No:
13. Business relationships: List all positions held as &n officer, director, trustee, partner,
proprietor, agent, representative; or consultant of any corporation, company, firm,
partnership, or other business enterprise, educational or other instilution:
Tunheim Lakeshore Partnership; Pelican Rapids, MN (family partnership fommed t0 own &
vacation home):
14. Memberships: List all memberships and offices held in professional, business, fraternal;,
scholarly, civil, public, charitable and other organizations
American Bar Association (1981 present)
Member, Special Commitee 0n Lawyers in Govemment (1990-91) (eppointed)
Secretary and Council Member, Govemment & Public Sector Lawyers Division (1993
present) (elected)
Treasurer and Council Member, Government & Public Sector Lawyers Division (1991-
1993) (elected)
John R Tunheim November 4, 1993
City
(1985-
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Minnesota State Bar Association (1981 present)
Co-Chair; Task Force on Legal Advicc to Famers (1985-1986)
Member; Court Rules Committee (1989-1990)
Co-Chair; Govemment Lawyers Task Force (1989-1991)
Co-Chair, Fublic Law Section (1991-1992)
Exccutve Council, Public Law Section (1992 present)
Member, Board of Directors, Minnesota Institute for Legal Education (1990 Present)
(nonprofit)
Member; Board of Diectors, Family Service St Croix (1990-
~
present) (nonprofit); Vice-Chair
(1993 - present)
Member; Board of Directors, Midsummer: A Minnesota Festival of Music (1988 present)
(nonprofit)
Member and Secretary, Board of Directors, Minnesota Pregnancy & Infant Loss Center (1983-
85) (nonprofit)
Member; Stillwater Rotary Club (1984 - present)
15. Political aftiliations and activities:
(a) List all offices with & political party which you have held or any public office for
which you have been & candidate
Minnesota Democratic-Farmer-Labor
Delegate, Democratic National Convention 1988, 1992
Associate Chair, Sixth Congressional District (1991 Present)
Member; Executive Committee (1991' present)
Member; Central Committee (1984 - present)
Chair, Senate District 55 (1986-1990)
(6) List all memberships and offices held in and services rendered t0 all political parties
or election committees during (he last 10 years:
Political party memberships: All listed in 1S(a). Ihave not been an officer for any election
committee during the past ten years.
was elected a delegate t0 the Democratic National Convention in 1988 and 1992.
Services rendered (0 parlies and election committees have all been volunteer, sporadic
activities such aS attending fundruisers and occasional campaign rallies, attending party
meetings and conventions, and some doorknocking and telephoning on behalf of local and
statewide candidales. Assisted in organization 0f the endorsement event by Democratic
Atomeys General of the Clinton-Gore tickel in Detoit; Michigan, in October; 1992.
John R. Tuheim Novembcr 4, 1993
2
Party
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Itemize &ll politicel contributions to any individuel, campaign organization, politicel
party, political action committee; or similer entity of SS0 or more for the past 5 years
These include all contributions which in eggregate total SSO.0 or over t0 any entity Over
the period 1990-1993. I was unable t0 locate any rccords for 1989. Id not belicve there
weie any significent contributions during that year:
Minnesota Democratic-Faner-Labor Perty (ell units)
1993: S77450
1992: S417.0
1991: S133.00
1990: $ 85.00
1989: cannot locate (cstimated: SSO.O00)'
Johnston for State Senate, Maple Plain; MN SSO.00 (1992)
Friends of Draper for State Representative, Stillwater, MN 580.00*(1992); $60.00 (1990)
Spaeth for Govemor; Bismarck, ND SSO.00 (1992)
Clinton for President, Litdle Rock, AR S30.00 (1992)
Citzens for Keith for Chief Justce; SL Paul, MN SSO.00 (1992)
Humphrey for Attomey General Volunteer Committee, St Paul, MN $125.00 (1992);
S1CO.C (1993); SIO.O (1990)
Evert for Washington County Commissioner; Stillwater; MN SSO.00 (1992)
Alan Page for Justce, Minneapolis, MN SJOO.O (1992)
Coleman for Mayor, St Paul; MN $25.00 (1992); SIOOO (1993)
Freeman Volunteer Committee, Richfield, MN (State Senate &nd Hennepin County
Attomney) SSO.O (1993); SSO.C (1991); S300.00 (1990)
Freeman for Govemor; Minneapolis, MN SIOOO (1993)
Rice for State Representative Volunteer Committee, Minneapolis, MN SIOO.O (1993)
Knutson for DNC, Hutchinson; MN SSO.O (1993)
DNC Federal Account; Washington, DC $1,025.00 (1993)
Democratic National Committee, Washington, DC S25.00 (1993)
Wellstone for U.S. Senate, Minneapolis, MN S25.00 (1991); SiSOc (1990)
DNC Victory Fund, Washington, DC Sl,O.O (1992)
Chandler for State Senate, White Bear Lake, MN S125.00 (1990)
Fuller for State Senate, Oakdale, MN SIOO.C (1990)
Friends of Dayton for State Auditor; Minneapolis, MN S1OO.OO (1990)
Friends of Dooley for State Representative, Stillwater, MN S90.00 (1990)
Perpich for Govemor Volunteer Committee, St Peul, MN S1O.C (1990)
Jan George for State Representative Volunteer Committee, Mahtomedi, MN 'S80.00
(1990)
John R. Tunhcim Novembcr 4 , 1993
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16. Honors and awards: List all scholarships, fellowships honorary degrees, honorary society
memberships, military medals and any other special recognitions for outstending service
or achievements
National Association of Attomeys General, Marvin Award (1991)
(Awerded ennually t0 up t0 5 outstanding assistant attomeys general in U.S)
National Association of Attomeys General, President 's Distinguished Service Award (1988)
Mondale Fellow, University of Minnesota, Hubert H. Humphrey Institute 0f Public Affairs,
Minneapolis (1992-1993)
Rollof Award, University of Minnesota Law School (1980)
warded t0 PresidentfEditor-in-Chief of the Minnesota Law Revew
Minnesota Journal of Law & Politics, Selected as Star Lawyer;" (1993)
17. Published writings: List the titles, publishers, and dates of books, articles, reports, or
Other published materials which you have written: It would be helpful for the Committee
to have three copies of each published writing: Please denote any Of those for which you
are unable to provide copies
Book: Scandinavian (Lakes Publishing, 1984)
Article: Parental Involvement' in Minor'$ Abortions: The Aftermath of Hodgson V_
Minnesota and Ohio V. Akron Center for Reproductive Health, Abortion and The
States , Political Change and Future Regulation, Jane B. Wishner, Editor
(American Bar Association, Section of Urban, State and Local Govemment Law)
(1993)
Chapter: State Legislative Actvities, State Attornes General, Powers and Responsibilities;
Lynn Ross, Editor (BNA: Washington, D.C 1990). I also served as an editor 0n
this book
Article: Minnesota'$ Bill of Rights (William Mitchell Law Review)
(In progress, no copy available, scheduled for publication in 1994)
Op. Ed: Americans Should Lend Russia a Hand 0R Democratic Joumey, St. Paul Pioneer
Press (January 8, 1992)
18. Speeches: Provide the Committee with three copies of any formal speeches you have
delivered during the last 5 years of which you have copies and are on topics relevant t0 the
position for which you have been nominated
None.
John R Tunheim Novembcr 4, 1993
"Rising
Saga
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19: Congressional Testimony: Have you ever lestified belore a Committee of the Congress? If
S0, please provide details, including date(s).
No:
20. Selection:
(0) Do you know wby you were chosen for this nomination by the President?
was one of six lawyers tecommended for nomination t0 President Bush in December;
1992 by the President of the American Bar Association, J: Michael McWilliams, es
required by the statute. The recommendation was unsolicited I was selected fom the
recommendations:
(b) What do you believe in your background or employment experience affiriatively
qualifies for tbis particular eppointment?
I have extensive law experience, including over seven years &s the senior managing
lawyers in & highly-regarded attomeys general'$ office with over 425 staff members: I
have handled many of the mOst sensitive legal disputes involving the State of Minnesota
over that time, personally arguing three United States Supreme Court Cases and winning
two. Ihave served thoughout as the chief Jlegal counsel t0 the Govemor of Minnesota I
have considerable experience dealing with Minnesota'$ Open records law and have &
reputation of approaching issues in & fair, thoughtful &nd impartial manner: I have pOt
been involved in any dispute over the assassination Jecords and believe that; although Iam
a stong believer in openness in govemmenl I will approach the task in & fair manner: I
have considerable experience setting Up govermental organizations and administative
processes and believe that experience will be helpful in organizing the process by which
the Panel will conduct its work: Ihave played a leadership role Within the National
Association of Attomneys General, particularly on management-related issues.
B. FUTURE EMPLOYMENT RELA TIONSHPS
1. Will you sever all connections with your present employers, business firms, business
associations or business organizations if you are confirmed by the Senate?
No. My understanding is that the position is part-time &nd I have no conflict of interest in my
cucTent
position. Iwill take leave time from the State for any days I &m working on panel
business:
2. Do you have plans, commitments or agreements to pursue outside employment, with
or without compensation, during your service with lhe government? If s0, explain.
Yes. I will continue my employment with the State 0f Minnesola and # planned position as
Adjunci Professor of Constitutional Law at the University of Minnesola Law School.
John R Tuheim Al 10?
yoU
public
any
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3. Do you have any plans, commitments or agreements alter completing government service
to resume employment effiliation or practice with your prevous employer, business firm
association 0r orgenization?
Yes Continue my curent position.
Hes anybody made & commitment to employ your_services in any capacity alter you leave
government service?
Not in any position other than my current position
5.
If confirmed, do you expect t serve out your full term or until the next Presidential
election, whichever is applicable?
Iexpect t0 serve the full tem 0f the Panel which sunsets under curent Iew.
C: POTENTIAL CONFLICTS OF INTEREST
1 Describe all financial arrangements, deferred compensation agreements, and other
continuing dealings with business associates, clients or customers
None.
Indicate any investments, obligations, liabilities, or Other relationships which could involve
potential conficts of interest in the position to which you bave been nominated
None.
3. Describe any business relationship, dealing or financial transaction which you have had
during the last 10 years, whether for yourself, on behalf of a client, or acting as an agent,
that could in any way constitute or result in a possible confict of interest in the position to
which you have been nominated.
None.
John R; Tunheim Nouemhor i0oj
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4 Describe any activity during the past 10 years in which you heve engaged for (he-purpose
of directly or indirectly inlluencing the passage; defeat or modification of any legislation or
effecting the administration and execution of lew or public policy:
When employed by Oppenheimer, Wolff, Foster, Shepard & Donnelly, in 1983,Irepresented
business interests 0n workers compensation legislation before the Minnesota Legisletuc; end in
1984, I reprcsented & major communications company 0 tax legislation before te Minpesota
Legislature: For both activities, I Was registercd &s a lobbyist with the Minnesote Ethical
Practices Board
Since employed by the Minnesote Attorney Generel '$ Office, I bave been involved
significantly in the development of legislation in Minnesote, including primary responsibility
for the budget of the Attorney General'$ Office cach year from 1986 t0 present Ibave aJso
worked with the Minnesota Legislature on criminal justice issues, environmental sSues, farm
credit issues, consumer issues, govemment records issues, labor issues &nd Others. wotkhas
included drafting legislation, testifying before legislative committees, serving on task forces,
writing legal opinions, &nd working with and advising staff, legislators, &nd-govemors
My entire employment experience in the Attorney General '$ Office has involved the.
administation and execution of jaw or public policy: Ihave been the senior 'appointed official
in the office for Over seven years, responsible for the management of the office: None of my
activities have involved any records dispute with a federal agency Or anything regarding
assassination records:
5. Explain how you will resolve any potential conflict of interest; including any that may be
disclosed by your responses to the above items (Please provide copies of any trust or
other agreements )
cannor imagine what conflict might arise, but if there is one ] would nOt: take part in any
decision of the panel affecting my conflict of interest:
6 Do you agree to have written opinions provided to the committee by the designated agency
ethics officer of the agency t0 which you are nominated and by the Office of Government
Ethics concerning potential conflicts of interest or any legal impediments to your serving
in this position?
Yes:
D. LEGAL MATTERS
1. Have you ever been disciplined or cited for a breach 0f ethics for unprolessional conduct
by, or been the subjecl of a complaint (0 any courl, administrative agency, professional
association, disciplinary committce, Or Other professional group? if sO, provide details
No_
John R Tunhcim Novembcr 4 , 1993
being
My -
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Have &er been invesligaled, arresled; charged or held by any Federal, Statc;.or Other
lew enforcement authority for violation of any Federel, State, county or municipel lew,
regulation or ordinance, Other than & minor (raffic offense?' If s0, provide deteils
No:
3. Have yoU or eny business of which YOU are or were an Officer ever been involved 2s & perty
in interest in any administretive egency proceeding or civil litigetion? If $0, Provide
details
No:
4
Heve you ever been convicted (including plees of guilty or nolo conlendere of eny criminal
violation olher:than & minor traffic ofTfense?
No:
5. Please advisc the Commitlee of any additional information, favorable or unfavorable,
which you fecl should be considercd in connection wilh your nomination;
None::
E_ FIRANCIAL DAFA
Retainea in Committee Files. )
You
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AFFIDAVIT
John R, Tunheim belng duly sworn; hareby states that helshe hes read and signed the Ioregoing Statemant on
Biographical end Financlal Informatlon &nd (hat the Inlormation provided therein Is, t Ihe best of his/her
knowled 0, cunent; accurate, end oomplete.
T a.
Subscribedand swom belore me
thts day ol November; 1993.
ZaZ__
Notary Public'
Jatpeas nN Dee; ; . Ki LANCETTE
KotaRY i:-MinnzSOTA
R*FMY COUNTY
My COMMISSION Uxltrts Novuo 25, 1996
NvMMtt
John R Tunhcim Novcmher 4 1007
Vu Leiv
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Commlttee on Governmentel Afteirc
Uplted States Senate
JOENR TUNHEMMS
ANSWBRS TO PRE HARING QUPSTTONS
TOBE A MEMBER OFTHE
ASSASSNATTON RECORDS REVEW BOARD
42er94
L NOMNATTONPROCESS AND POTENTLAL CONFLICTS
Were any conditions, erpressed Or implied attached to your nojtination to be &
member of the Assassination Records Revew Board (ARRB)?
No:
Haveyou made any commitmente with respect to policics or programs affected by
your roleasa metber of the ARRB? If 80 what arc they?
No:
3 Are there any [ssues involving the ARRB from which you may hare to disqualify
jourcelf? Iso, please explain .
No: Iam uaware of any such issue.
4. Have you been & party to any legal actions or administrative proccedings pertelning
to access t0; or discosure Of, federal records on the subject of the assessination 0f
President Kennedy?
No:
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I ROLE AND RESPONSMBLITES
Whet particuler quelifications end experlence do you bring t0 the role of
8
menber 0 te ARRB?
Primaritty, I bring my background and expcricnce es 4 lawyer and public official I
bave trice been alected a tection Oficer In tbe Amcrican Bar Association and Was
rccommended for this nomination by the President of the Amcrican Ber
Association My erpcrioncee9 & lawyer Inclndes tueoyears inprivate practice and
nine year8 &s Solicitor Genaral and Chict Deputy Attomey Gcucrel in Minnesota '
For7 Lp years [have bxen the cenior eppoited official iu the Minnesota Atomey
Gencral': Office; Iccponsible for tbe management ad durecton @fan office 0f OvET
200 attomeys. I have handled-coudless $ensltveprojects and cases, arguing tuee
ceses before the United States Supreme Cout and serving as legel counsal t0 two
Minnesota Govemors and t0 the Minnesota Legiclature. Ihave pleyed 40 active
role withln the Netional Associatlon 0f Attomeyc General twice recciving major
national ewards from NAAG; twice chairing te Conference of Chief Deputies, and
directing many of NAAG': management improvement initietives I teach
Constitutional Law as &n Adjunct Professor at the Univercity of Mindesota Law
SchooL
From my expericnce &s Minpesota Chief Deputy Attorey Geperal, I have
considerable experience dealing with the kind of processes envisioned by te Acl
including establishing new administrative procedures created by new statutes,
wodking with a wide range of govemmental agencies, Jesolving tough legal issues
raised by new laws, epplying confidentiality nules administering open Tecords laws,
issuing subpoenas, conducting goverment public hearings, and making difficult
public decicions that significantly impact citizens' Iuderstand te separaton of
powers issues that could be raised in the contert of this Act Furtbermore I heve
hed .0 Prior involvement in,any aspect of the Kennedy assassination Or the
assassination records. I would bring independent; Objective judgment t0 the
position
Ielso have e StrOng interest in historical preservation, My primary udergraduate
major was History, an area in' which I graduated summa cum laude with hopors I
authored 220 page local history &d study of immigration fesearch included
Ieviewing Iecords at the National Archives. Ibave also provided legal
represcntation t0 the Minnesota Historicel Socicty &nd Stete Archivist for eight
years:
Ihave worked in the Congress for thc United States Senate on Senator Hubert
Humphrey'$ staff and have worked in te federal judiciary as & federal law clerk I
bave worked closely with the United States Deparuent 0f Justicc 0n & wide range
of projects and cases.
Job R Tqnhcim Japuary 264994-0
~97% 01-26-94 0 1 1 4 PM Pnn?
belng
My
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2 What do fou bonsider to be your primary responsibilitics &nd priorities &9 an ARRB
menber?
Isee Or primary responsibilities &s:
Ovarsceing and diuecting the prompt collection fzom govanment officos of al:
Kennedy assassination Tecords that have AOt yet becn tansmitted to tho
Netional Archives, and duccting & prompt public disclsure 0f e&l eppropriets_
Tecords
Gathering input end Infornation from mepublc t0 epsure that conccrs &e
addiesscd end that all appropriete Icurds Ale requested and Ieceived
Applying in & fair manner thc standards set forth in the Act regerdiog
of the release of Iecords, in mind the ctrong Eongzonionerf
intent expiessed in de Act fevorng ]
ingpici z
disclosue
(4) Assuing te Congress and te American public dat information about the
Kennedy essassination is not being hidden by any branch Or agency of te
federal govemment
As the lawyer On tc panel, Ibelicve that I have additional rcsponsibiities to
belp ensuc that appropriate and fair Processe: are established to the
collection and telease Ofrecords, tar legal questions are addressed prompuly
and thoroughly, and that eny necessary investigations &re bandled propedly-
3 How do JOu envicion your relationship end responsibilities
6 es &n ARRB member
to () the President; (8) thc Congress, and (c) other ereartive branch agendes?
(a) My responsibilities I0 the President are t0 provide & Iegular and detailed
accounting of the work of the ARRB, and to provide concise and thorough
postponcment and release decisions jn Order to expedite the Pcsident'$ Ievicw
of ARRB decisions affecting executive branch agencics:
Although ARRB is an independent agency; it is important to have & smooth
working relationship with the President in Order to ensure that the procesS
established by Congress wodks wel.
'responsibilities I0 the Congress are t0 implement the lew and in
the manner intended by Congress to provide On & Tegular
'Boix tctaded
a
accounting %f tbe Wor of tc ARRB, and to respond appropriately to au
Congiessional inquiries &nd requests:
responsibilities toward and reletionship with Othcr exccutive branch
agencics atc to wodk cooperatively but fnnly in cnsuring carly transmittal of
documents t0 de Natonal Archives My Iesponsibility includes working With
the agencies t0 ensure & complete udcrstanding 0f agencies' responsibilities
under the law and fairly and independently Teviewing agencies' requests to
postpone disclosure 0; any records
John R. Tuahcim Tannary 96 I004
97%
guide
My-
My
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4 How dojzou'vicw the job of ARRB Executive Director? What role do yoU anticipate
playingin the selectioa 0l ARRB Exccutive Director and ctan?
I consider the Executve Director to bc the ARRB' $ chief administrator and
coordiator of all functions of tepanel The Exccutive Director shoud be tbe
t0-day administrator of te staff and tbe adminisuator of all activities of te ARRB.
Ienvision bbe Executive Director pleying an important coordination Tole with othct
federel ageacies
Ianticipate playing &role in the selection of the Exccutive Director: Theposition is
critical to the effectivencss of the ARRB and I would like t0 pse my consderable
Iecniting &nd erperience t0 belp choose te best avadlable sta&.
I POLICY ISSUES
Heve you made any public Statements _' oral or written ~ regerding the ascassination
ofPresident Kennedy or the public availability of goverment records regarding this
assassination? Please erplatn; and provide copies Of any relerant materiel
I bave made no written O oral public statements regerding the Kennedy
assassination or the assessination Tecords:
Members of tbe ARRB will be eramining security clssified records Fith & view to
tbeir declassification and public disclosure, in whole or in part; at come time in the
fubure
2) Can you describe what erperience you bave bad, Bf enJ; Rith using or
examining security cassified records of the Federal Government?
Ihave pO experience with using Or examining security classified records
of the federal govemment Ibave boweve, considerable experience bandling
documents protected by state confidentiality lews
Wbat do YOu think of our current security cassification system? For erample
woud you say it operetes well, bes integrity; and serves the public Interest?
The sccurity classifcation System has gencrally well served the public inteiest
throughout the period in which the Cold War placed significant constreints on
sharing infonation We bave entered & new era and my understanding is tat
a
comprebensive Ieview is DOW Uderway tat wil liely Icsult in cignificant
revisions and the development of a less Testrictive system of security
classification Such a comprehensive Ieview is a positive dcvelopment
dy
biring
prior
prior
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3. One of the duties of the ARRB WiL be to determfne wbet constitutes en "essascination
record " What aiteria do you think should be used t0 make this dctermmaton?
The definition of "essasgination Iecords" will be ono of the most tmportant &nd
siguiicent decisions of te ARRB. Itis important t0 mderstand bettct the univere
0f potential rcords before the diffcult docision On bow to define "essessinaton
Iccords. Preliminarily, end witbout such an mdcrctanding yet, I would favora
broad definition becauso (1)a broad definition Will help assue the American public
that aIl relevent fecords are being Ieviewed and disclosed, &nd (2) I believe tat *s
be intent of Congicss &s erpessed ln tbe Acl
Itmay well be diffcult t define "escascination tecords" in & manner wbich wil
cover all relevant documents, and If 80, It may be pecessary to establish a
mechanism by which & case-by-case deterination can be made Iegarding the
linkage betwvecn the assassination and a particular document
IV . RELATIONS WITH CONGRESS
Do you agree wthout reservation t0 respond to eny reasonable summons to appeer
and testify before any duly constttuted committee of the Congress ff confirzned?
Yes:
Do YOu egree without reservation to reply to any reasonable request for information
from eny duly constituted committee of the Congress, or its duly authorized agent; H
conftrmed?
Yes:
jhbnn
Jot R Tunheim In35.^0 404
97%
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APR 04 '97 09:S9AM P.1/44
L)
Office of Gencral Counsel
Knx Hal
Ant, <lz
EROM: Ioucklfe
Voice: (703) 874
Fax: (703) 874-3208
DATE:
"lyfg >
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recipient of this facsimile; or bhe employee or agent responsible for deli-sring bhe message IO the intended recipient, Jpu are
hereby notified thal receipt 0f lhis message is nor & waiver or release of any applicable privilegc or exemption fvon disclasure
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material in error: please nolify lhis office at the above Ielephone number (collecd) for insbuctions regarding ils relum or
destruction Thank you:
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APR 04 '97 09:59AM P.2/44
PAGE 2
1ST ITEM of Level 1 princed In FULL format.
Copyrighc (C) 1997 Maryland Law Review , Inc .
University of Maryland School Of Daw
1997
56 Md _ L. Rev . 1
LENGTH : 21305 words
ARTICLE : THE VIRULENCE OF THE NATIONAL APPETITE FOR BOGUS REVBLATION
Kermic L. Hallt
Dean , College Of Humanitie8 ; Executive Dean, Collegee Of Arts and Sciencee ;
and Professor oE Hibcory and Law. The Onio Stace Oniverbity. Ph .D . Universicy
of Minnesota; M.S.L. yale Law School _ This Article waa pregented a3 the Judge
Simon E. Sobeloff leccure ac che University Of Maryland School of: Law on
Pebruary 28 , 1996 _ My chanke to Barbara Terzian, JeEf Marquis_ and genneth
Wasserman for chelr reeearcb Bupport and to John Johneon. Donala G . Gifford, and
Howard Leichter for cheir commentb and suggegtiong about earlier versions Of
this Article, I am especially grateful to Sheryl Walter for her suggestions
about sources her wIllingnebe to share ber excenaive knowledge Of che
becondary literature On openne6g oE and access co government records For the
title of this Article, I am indebced to one Of BaltImore 8 favorite citizens _
H.La Mencken, who , in another Codcexc commented on m the virulence of the racial
appecite for bogus revelation_ A.L. Meneken, A_ Book Of Prefacea 23-24 (1917)
TEXT :
[*1],
Incroduction
The speccer Of conepiracy has haunted Americanb , thraughout the gecond half Of
the twencieth cencury . nl In the 1950s, Senator Jobeph [*2] McCarchy' 8
Communist conspiracy cheory the 0 secona Rea Scare " traumatized the nacion
and destroyea lives n2 More recently, David Irving' 9 explanation Of the
Holocaust as an enormous nigcorical Eabrication n3 hae defied logic and
dlstorted reallty_ n4 Even Abraham Lincoln rests uneeaily in hie grave as
theorists of bls murder advance plots So tanglea chat only the exhumation Of
John Wilkes Booth 8 boneb can unravel them _ n5
~Footnotes -
nl Thie phenomenon is not unique Eo tbe modern era _ There are many
comprehensive historical accountb of the specter of congpiracy In America _ See ,
e.g. Virginia Carmichael; Franing Hibtory: The Rosenberg Story and tbe Cola
(1993) (analyzing and tracing the 0 'politically motivated production of the
OfEicial Robenberg story and Ehe hlecorical and cultural critique8 performned by
ice re-preeentation in 1iteracure_ drana and the visual axcb" ) ; David Brion
Davis_ The Slave Power Conspiracy and che Paranoid Style (1969) (discussing tbe
cheory chac alaveowers conspired againet the rebt of tbe country) ; The Fear Of
Conspiracy: Images of Un-American Subvereion from the Revolution to the
and
war
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APR 04 '97 09:59AM P.3/44
PAGE
56 Md _ L. Rev 1, *2
Present xxlii (David Brion Davisg ea . 1971) ("The maln purpoee of thie book is
to us8 imageb of conepiracy ana Bubvereion 28 0 maans of studying American
tenaione _ valuee and expectations 0 ) } Richard Hofetader, The Paranoid Style
in American Politics and Other Bssays (1965) (examining che popularity of
conspiracy theories) George' Johnson , Architecte: Of Fear: Conepiracy Theories
and Paranoia in American Politias (1983) (demyatifying conbpiracy tbeorists and
che Objecce Of chelr cbeorie8) Donald J_ Lisio, The Preg:denc and Protebt :
Hoover, Coneplracy, and the Bonue Riot (1974) (arguing tbat Che' proliferation of
conapiracy cheoriee caubeb "gro8b dibtortion6" in ouI underatanding oE che Bonue
Riot and Hoover 0 pregidency) Michael Sayers 6 Albert B. Kahn, The dreat
Congpiracy: The Secrec War Agalnoc Soviet Rubeia (1946) (recounting the hietory
oE eepionage in che Soviec Onion Erom: 1917 to 1945)
n2 David M. Oshinsky , A Conspiracy So Imenge: The World 08 Joe McCarchy 102
(2983) (chronicling cbe life of Jogeph McCarthy and the effecta: Of the ngecond
Red Scare ^ on the American payche).
n3 _ See David Irving, Goebbela (1996)
{ bee also Arthur R_ Buez , The Hoax' 6E
the Twentieth Century: The Caee Agalnec the Pregumed. Bxtermination 05 Buropean
Jewry 8 (1976) (calling the Holocauec a hoax and a 0 monstrous lie")
n4 = See Deborah B, Lipstadt _ Denying Che Holocaubt : The Growing Aagault on
Truch and Memory (1993) (examining and diacrediting the arguments of Kolocausc
deniere)
n5 _ See Bdward Colimore _ The Search for Lincoln' 8 Ageagein, Phila. Ingulrer _
Apr 20 , 1992 , ac C1 _ available in LBXIS , Nexie Library, Newspaper File; Denciet
Exam_nee Dlacoln Slaying: Seeks to Bxhune Body Buried.As Booth' 8, compare Teeth
wieb ' Record, S8 _ Louie Pobt-Dispatch, Apr 18 _ 1994 , (Illinois) at 6 , avallable
in 1994 WL 0195597 $ Hmm , How Do We Really: Know Who ' 9 Buried in Grant 5 Tomb?
Wash. Times , Nov 14 , 1992 , ac C2 available in LEXIS , Nexie Library, Newspaper
Pile; Our Anerican Corpses , Weeb _ Timeb Mar. 18 , 1992 = at F2 , available in
DEXIS , Nexie Libraryv Newgpaper File; Who' 8 'Buried in John Wilkea Booth ' 8 Tomb? ,
O.P.I. Sept _ 26 ,: 1991 _ available in DEXIS , Nexib Llbrary; UPI Plle _
~Ena Footnoces -
Thege are compelling exemplea Of the American appetite for Incrigue_ but no
ocher event in twentieth-cencury American hietory bas generaced Buch pereletent
Docionb of conepiracy as the aggag8-nacion Of Presdent Jobn 8 Kennedy . More
cban Eour hundred bookb have been publigbed On che subject; n6 a major
newaleccer providee a continu-- (*3] flow Of new theorieb about the
a8bab0inacion, 27 ana a_ naclonal organization, the Coalieion On Political
Aaea8binaciona_ Meecb annually to debate che murder n8 Oliver Stone elevaced
che. idea Of conspiracy to proportione in che film JEK- n9 That movie
elalme , among otber thinge_ that Lee Harvey Oevald did not act alone; rather, he
wae part of a plot hatched by the Cencral Intelligence Agency (CIA) in
collaboracion wlch organlzed crlme , the Federal Bureau of Investlgation (FBI)
and othar elemeneg 0f the Amerlcan government _ n10 stone ' 0 follow-up to JFK,
NLxon , n11 echoes chis cheme _ incLmaclng a connection becween che Cuban : burglars
of the Watergate complex and the abba80Jnaclon of Pregident Kennedy . n12
~Footnotes-
ing
epic
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56 Md . D. Rev . 1 , *3
n6 See , e-g- Robert Sam Angon , They ' ve Killed the President ! " The Search
for che Murderers of John F Kennedy (1975) (calling for a new investigation Of
JFX' 9 aggag8ination) G_ Robert Blakey 6 Richard Billinge . Tbe Plot to Kill tbe
Pregident (1981 ) (explaining tbe conclusion Of che Select Committee On
Aggagginations that organized crime wab behind che plot to kill JPK) John
Davia, Mafia Kingfieh: Carlog Marcello and the Abeasbination Of Jobo F Kennedy
(1989) (exanining che cheory chac che New' Orleanb Mafia was behind JPK' 5
aggagginacion) Edward Jay Epgtein, The Asbabsination Chronicles: Inquest ,
Counterplot, and Legena (1992) (hereinafter Epbtein, Trilogy] (trilogy examining
che Warren Commission Report che inveetigation conducted by New Orleans
District Attorney Jim Garrison, and che life Of Lee Harvey Oswald) Robert J
Groden 6 Harrison Edward Llvingstone_ Higb Treagon: The Abgabsination of
Prebident Jobn F Kennedy: What Really Happened (1989) (claiming that- the CIA,
organized erime_ and right-wing politiclans killed JPK) Henry Hurt , Reagonable
Doubc (1985) (concluding that Oewala did not act alone) ; Mark Lane _ Rush to
Judgment (1966) (arguing that the Warren Commigsion admicted heareay and Lgnored
important evLdence) David S , Lifton, Best Evidence: Digguige and Deception Jp
che Asbaesinacion of John F_ Kennedy (1981) (concluding chat a second bullet was
removed Erom JFK' 8 head) ; John Newan , Oswald and che CIA (1995) (arguing that
che CIA wab incereeted in Oswala since 1959, ana chat , "whether witting or not ,
Oswald became involved in CIA operations") , Gerald L_ Posner, Cage Closed: Lee
Harvey Oswala ana che Aabaeeination Of JFR (1993) (concluding that Ogwald acted
alone) Frank Ragano 6 Selwyn Raab _ Mob. Lawyer (1994) (idenc_fying Mafia bosses
who planned JPK' s assassinacion) Harold Weisberg, Frame-Up: The Marcin buther
King/James Barl Ray Case (1971) (drawing a parallel between che JpK coneplracy
and the 10 framing" of Jameg Earl Ray in Dr _ King' s murder)
n7 See Open Secrets (Coalicion on Political Assassinatlons , Nashington
D.C.) _ 1994 _
n8 See John Hanchette_ JPR Conapiracy Theorists Announce Occober Conventlon,
Gannecc Newe Service_ Sept _ 26 _ 1994 , available in 1994 WL 11247865, wabhIngton
Daybook; Today' 0 Headliners , Wash _ Timee , Occ _ 20 , 1995, at A1l.
n9 _ JFK (Warner Brob _ 1991)
n1o _ See David Angen, A Troublemaker for Our Times , Neweweek , Dec . 23 , 1991,
at 50 , Roberc Bruscein, JFK_ New Republic_ Jan _ 27 , 1992 , at 26 _ available Ln
LBXIS , Nexis Library, Magazine File, Richara Corlies Who Killed JFK? Time_
Dec _ 23 , 1991, ac 66 , available in 1991 WL 3116696 ; Scuaxc Klawane JFK, Natlon,
Jan _ 20 _ 1992 , ac, 62 , available In LBXIS , Nexls Library, Magazine File; John
simon _ JFK , Nat 1 Rev . Mar_ 2 1992 , at 54 , available in LEXIS , Nexis Library,
Magazine Flle; Carr , Oliver Scone ' 6 "JFK' Fights the Righc Fight, Bogton
Globe , Dec _ 20 _ 1991, Artg & Film ac 53 _ available in 1991 WL 7514478; Renee
both, Oliver Stone S "JFK' Reopeng Ola Wounds in a Society That Often Viewe Life
Through Culture: Pilm Force Reexamination, Boston Globe , Dec . 22 , 1991,
ac A19, available in 1991 WL 7514694 $ Kenneth Turan, "JPK' Conspiracy Ln che
Crosa Haire_ D.A_ Timeb , Dec . 20 , 1991, at F2 , available tn 1001 WL 2190825,
Crossfire (CNN celevigion broadcabt , Dec . 23 , 1992) available in DBXIS , Nexis
Library, Transcripc File _
n1l_ Nixon (Walt Disney 1995)
n1z See Stanley Kauffmann _ Cast OE Character, New Republic, Jan . 22 , 1996 ,
at 26 ; Chriscopher Sharrett, Nixon , USA Today, 1996 , Magazine at 49 ; Jay
Aug.
Jay
May Pop
May
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Carr _ Baring the Heart of Nixon , Boscon Globe _ Dec . 20 , 1995 , Arts 8 Film-ac 33 ,
available in 1995 WL 5966891 , stephen Hunter, ResurrectIng Nixon, Balt . Sun ,
Dec _ 20 , 1995, at 1E, available in GEXIS _ News Llbrary, Majpap File; Barbara
Shulgasger , "Nixon ' 8 It Has Alz che Char Of a Lab Rat, San . Fran . Examiner ,
Dec _ 20 , 1995, at C1 _ available in DEXIS _ Nexis Llbrary, Newgpaper File; Kenneth
Turan , 'Nixon , the Enigma = L.A; Time8 , Dec . 20 , 1995 _ at Fl,, available in
LEXIS , News bibrary, Lat File; CrosgEire (CNN televislon broadcasc , Dec _ 27 _
1995) available in DBXIS , Nexis Library, Tranecript File
~Ena Footnoceb -
[*4]
Thie Article addresses the Kennedy murder , generally; the work Of che
Agbasbination Records Review Board, primarily} n13 and igsue8 of Becrecy and
opennebg in government , speciflcally- In Bhort the Article congiderb the
compecing valueb Of opennebs and secrecy in government _ nla Galning accebb_ to
secret documencs 18 vital but one must congider che cobt of broken. confideneee
to our securicy. A benge Of conflict between chebe views inspired thie Articye .
-Pootnoceg-
n13 The auchor ait9 43 a member of the Aaeaaaination Records Review Board .
The views expregeea herein are solely thoge of the author_ do.nioc represent
the views OE che other members of the Board _
The other members Of che Board are the Honorable John RS Tunheim, Uniced
Stales District Judge Diecricc of Minnesota; Henry Graff, Professor, Emericub _
Colunbia University; Will_am Joyce , Rare Booke Librarian, Firebtone LIbrary ,
Princeton University; and Anna K. Nelson , Adjuncc Profebsor of History, Amerlcan
Oniversity.
The Abbabsination Records Review Board wtl nereinafter be referred .to 28 the
"JFK Board" Or tbe #Board .
Throughouc chie Article, referencee are made to the viewe Of the various
intelligence 'agencies _ These references are baged upon the aulhor 8 knowledge of
tbese represencacions made to the Aseagaination Records Review Board, the
context of which remaine classified:
n1a Bee generally Benjamin S _ DuVal , Jr. , The Occabions of Secrecy , 47 0,
Pict La Rev _ 579, 583 (1986) (arguing thac becrecy isgu89 present a
fundamentally dlfferenc problem in ters of firec amendment theory than chobe
that have been central co che development Of firec amendment jurisprudence" and
chac "bociety 18 distinctly ambivalent about tbe benefite of increased
knowledge")
~End Pootnotes -
I. The Warren Commission
The Warren Commisbion and its reporc acand at the cencer OE almost all Kennedy
conepiracy cheories n15 A year after the assagsinatlon , the Reporc Waa isbued
by geven bober-minded Americang_ headed by Chief Juatice Earl Warren. n16
Initially. che Report which concluded that Oswala wag che lone agsassin, n17
received gtrong support Polling data indicatee that prior to the Report ' 8
They
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56 Md _ La Rev . 1 , *4
releage twency-nine percent of the public believed chac Ogwald was solely
reeponbible for the assaggination of Preaident Kennedy ; following iee releade a
year later in 1964 , that number increabed to eighty-seven percent _ However , two
years later, in 1966 _ only chirty-six percent of Americang indicated
(*5} believed che Report _ n18 By the time JFK opened in the movie houses of
America , nJ9 public confidence in the Comisgion 9 Report had 'Bunk even further,
with about sevency percent Of Americans concluding thac Oawala did not act
alone n20 The .movie, therefore _ capped a deep wellspring Of digcrubc Of the
Report rather Lhan , as is somecimeg implied, n21 foBtered it.
~Foocnoce8-
nlS _ See President S Commigaion on the Asbabsination of Presidenc Kennedy ,
Report of the President S Commig8ion On the Assassination of PreBident Jobn P_
Kennedy (1964) [hereinafter Warren Commission Report]
nl6 _ The memberb of the Warren Commieeion were Chief Justice Earl Warren,_
Senator Richara B_ Ruebell _ Senator Jobn Sherman Cooper , Representative Hale
Boggs _ Represencacive Gerald R. Pord, Allen w Dulles _ and John J Mccloy _ See
id_ at V .
n17 _ "On che bagig of che evidence before the Commibbion it concludes thac
Oswala acted alone Ia, at 22 .
nl8 _ These figureg are babed on CBS and Gallup polling data recapitulaced in
a released 8 week before the thirtieth anniversary of the abba88inacion _
See Nine Out of 10 Americanb Doubt Oswald Acced Alone _ Reuters_ Nov _ 15 _ 1993 _
available in 'LEXIS , News Llbrary, Wires File; Bee albo Max Holland , The to
ehe Warren Report , Am _ Hericage, Nov _ 1995, at 50 , 52 ("Prior to [tbe Reporc ' 8]
releabe _ a Gallup found chac only 29 percent of Americane thought Oswala
nad acced alone , afterwara 07 percenc believed g0 . 0)
n19 . See JFK; Bupra note 9
n20 _ See 828 in Poll Say the Truch , Waen - t Told in JFK Deach: Seven Of 10
Suspecc There Wab a Conspiracy, Buff _ Newa _ Nov . 22 , 1993 , at 1, available in
1993 WL 6126092 ("Seven in 10 Americans 'buspect a conspiracy , and those who were
young on November 22 _ 1963 _ are ebpecially likely to be among the 02 percent who
believe che crueh hae Dot been tola. In keeping with many recent polle that show
Americans are discruscful coward .governmenc , 78 percent thiok there_ wab an
official coverup _ 0 ) Indeed_ chere i6 now a much more conspiracy-minded accicude
coward che assassination than chere wab even 15 yeara 2g0 . See id=
n21 _ See e.g. Bruscein, gupra note 10 ("Viewere Of JFK might find
themselves shaken In cheir views of government _ gociety, the media. ")
~End Foocnoce8 -
Evenca becween 1964 and 1992 did much to undernine crubt in the Warren
Commission Reporc _ An aebaseination regearch community quickly appeared, raising
croubl questions abouc ehe Report and propagating theories of conspiracy. n22
Booke entitled Whitewash, n23 Concract on Anerica , n24 Conepiracy, n25 and Rubh
co Judgmenc n26 eroded the credibility of the Commission'8 findings _ n27
Presidenc Kennedy' $ murder, moreover . wab one of geveral prominent
political killinge_ Aaeabeins also gunned down Robert F Kennedy , Martin
only
they
poll
Key
poll
ing
only
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56 Ma _ L. Rev . 1 , *5
Lucher King, Jr . and Malcolm X and gravely wounded Governor George C. Wallace _
n28 [*6] Ac the same time , the American government regorted to deception Co
dlsguise its policy failures n29 The nation fougbt and loc a bloody conflict
in Southeast Asia an undeclared war fostering doctored cabualty reports; n30
secret missions into Cambodia and Laos ; 031 purported attacks on the deatroyere .
Maddox and C. Turner JoY; n32 and President Richard Nixon S secret plan" co end
the war nj3 The plan cook five Years , cost many chougande of additional
American and Vietnameee ["7] lives , lefc our former allies in the South
to tbe tender mercies Of chelr northern opponence _ n34
~Footnotes -
n22 See Posner , supra noce 6 , at 412-19 (describing the "network of amaceur
eleuths " who checked the accuracy of the Warren Comnmisaion Report and challenged
icg conclubions)
n23 _ Harold Neisberg, Whitewagh (1965) (stating thac Ehe Warren Commiseion
dia noc con8ider any alternatives co Oswald as sole ag9ag8in)
n24 _ David ES Scheim, Contract on America: The Mafia Murdere of John and
Robert Kennedy 263 (1983) (concluding chat the Mafia killed Prebident Kennedy)
n25 _ Anthony Summere , Conepiracy 523 (1980) (calling for a new
investigation)
n26 . Lane , supra note 6
n27 See Neisberg, supra note 23 , at 189 ("In writing thls book. che author
hag had but one puxpose _ Thac wab to show thac che job assLgnea co and expectea
of che Prebident 8 Commission On the Assasg1nacion of Jobn F Kennedy hab not
been done _ n ) Scheiu, supra noce 24 , at 2-3 (finding that "evidence chac
establighed [Jack s] criminal cieb bas been repeatedly suppresged Or
distorted by che Warren Commission") ; Summers , supra note 25; Lane_ supra note
6 _ at 378 ("The Report of the Pres_denc 8 Commission on the Asgassination oE
Prebident Kennedy ig lebs a report chan a brief for the probecution. ")
n28 _ See D'Army Bailey, Mine Eyee Have Seen , Dr _ Marcin Luther King, Jr. '8
Final Journey (1993) (providing a pictorial accounc oE King' 5 final journey to
Memphls) George Breicman et al_ The Abbassinatfon Of: Malcolq X (1976) (arguing
that the CIA and FBI participatea in che absassination of Malcolm X) , Karl
Evanzz , The Judas Faccor: The Plot to Kill Malcolm X (1992) (concluding chac
governaent agencies vere involved in the abba8bination) Gerola Prank An
American Death: The True story of the Aggaggination of Dr Marcin Luther
Jr (1972) (concluding chac James Barl Ray alone killed King) Michael Frledly,
Malcolm X; The Assassinacion (1992) (concluding that Muslins XIlled Maleolm %)
Robext Blair Kaiser _ #R.F.KS Muet Die ^ (1970) (exploring varioue conopiracy
cheories) Three Assasbinatione : The Deacha of Jobn & Robere Kennedy and Marcin
Luther King (Janet M. Knight ea, 1971) (providing "a factual account OE the
asaag8inationen based On "Paccs on File, che preae _ and 0.8_ government
stuaies") , Scephan Lesher , George Rallace (1994) (debcribing Arthur Bremer' &
actempt on Wal Zace ' 8 life) Pbilip H. Melanson , The Roberc F Kennedy
Asbassination 13 (1991) (concluding thac Sirhan Sirhan wae "hypnotically
programmed to attack (Roberc F.] Kennedyn) ; Philip Melanson , who Killed Marcin
Lucher King? (1993) (calling for an inveetigacion of possible CIA and PBI
involvement) Dan E _ Moldea, The Killing OE Robert F Kennedy 323 (1995)
and
Ruby"
King,
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56 Md_ L. Rev . 1, *7
(concluding chat Sirhan Sirhan assassinated Robert F Kennedy co Prove "that be
still had his nerve" ) ; William W_ Turner 6 John G, Christian The Assassination
of Robert F Kennedy (1978) (clalming that chere wag a conepiracy) Weisberg,
supra note 6 (concluding that James Barl wag Eramed for the assassination Df
Martin Luther King; Jr . )
n29 _ Regarding the government 5 use Of. intelligence materials in the Vietnam
War and the bogus nature of much Of tbe reporcing about the War see Sam Adang
War Of Numbers (1994) ; Bdward S, Hezman & Richard B DuBoff , America 8 Viecnam
Policy: The Scrategy of Deception 79 (1966) Jobn M Newman , JPK and Vieenam:
Deception, Intrigue ana the Scruggle for Power 206-22 (1992) , John Prado8 _
Presidents Secret Wars 239-325 (1986) L. Fletcher Prouty , JFK: Tbe CIA,
Vietnam, and the Plot co Assasginace John F_ Kennedy 42-117 (1992) , Pecer Dale
Scoct. The War Conspiracy: The Secret Road co che Second Indochina War 51-75
(1972) Neil Sheehan ec al The Pentagon Papere Aa Publiehed by the New York
Times 241-78 (1971) ; Sedgewick Tourison, Secret Army , Secret (1995)
With regara co falbe "body counts see Loch K. Jonneon , America S Secret
Pover 60-62 (1909) Gabriel Kolko, Anatomy of a 195-96 (1985) ; Newan ,
supra , at 208-89 , 298-99 ,
nJ0 _ See vance Hartke, The American Crigie in Vietnam 100-02 (1960) Herwan
DuBoff. supra noce 29 _ ac 122-23 ; Seymour Hersh , Cover-Up (1972) ; Kolko, Bupra
noce 29 , at 195-96, Major Problema in the History oE che Vietnam War (Robert J_
McMahon ea . 2d ed . 1995) , Newman , bupra note 29 , at 229-34 .
n31 _ See Noam Chousky , Ac War wich Agia 117-258 (1970) } Credibility A
Digesc Of cbe Pencagon Papers_ 54-64 (Len Ackland conpller, 1972) Frances
FiczGerald, Fire Lo che Lake 123 , 264 (1972) ; Bruce Palner, Jr . The 25-Year War
92 , 95-116 (1984)
n32 . See Theodore Draper , Abuse of Power 63-65 (1967) ; George C. Herring,
America 9 Longesc war 134 (3a ed: 1996) , Robert S; McNanara & Brian VanDeMark ,
In Retrospect: The Tragedy and Lebsons of Viecnam 132-34 (1995)
n33 . See Herring, supra noce 32 , at 244-47, Stanley Karnow Vietnan : A
Hibtory 582-83 (1983)
n34 . See Herring swpra noce 32 , ac 282-83 ; Stanley I. Kucler, rbe Wars Of
Hacergece 9-10 , 80 (1990)
-End Footnotes-
The government 8 penchant for gecrecy fueled tbe public'8 corroslvely
cyical viev of politics and policiciane _ During the Wacergate invescigation ,
Presidenc, Nixon proclalmed to che nacion Chat he was "not a crook, n35 but be
soon abandoned che Oval Office and joined hib disgracea vice prebident n36 in
privace life_ n37 In one Of che great ironieg Of modern American politice, the
ingtrument Df Nixon 5 dowfall wab a becret recording eyetem installed in che
Wbice Hoube . n38 What wag guppoeea to be a tool to record reliably the
Prebident 9 triumphs became che chief Means of expoging che Watergate cover-up
n39
-Footnotes-
Ray
War
War
Gap:
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56 Ma _ D. Rev . 1 , *7
n35 . Question-and-Answer Segbion ac the Annual Convention Of che Associated
Pregg Managing Bditor" 8 Abbociation, Orlando , Fla. 1973 Pub _ Papers 946 956
(Nov _ 17 , 1973)
n36 . Vice. Preeident Spiro T Agnew reglgned on October 10 _ 1973 afcer
entering a plea O1 nolo contendre to a Eederal charge of tax evasion .
Kutler, supra noce 34 , ac 397-98 _
n37 . See id. at 532 , 540, 544-#5, '547-50 , 620 _
n38 . See id_ at 452 _
n39 _ See id. at 287 , 314-15 , 324-25, 368-69 , 447-49 _
~End Footnotes -
Onder guch circumetances, the Warren Commibbion 8 Report would have' been:
subjecced co reevaluation even if it had been compiled perfectly: purthermore ,
because che Warren- Commibeion labored ac che height Of the Cold War D40 tbe
Commissionere adopced a strategy that depended On implicit public crubt _ The
Cold War environmenc comb:ned with other circumbtances to handicap che Warren
Commission and evencually to erode that public trust in flve signlficanc ways .
-Footnocea -
n40 . See Holland, gupra note 18 , at 52 _
-Bnd Pootnotes -
Firsc , ehe Commission nad acces8 to an enormoug amount Of informatlon noc
otherwise acceegible to the American preee and public_ n41 Thie information wab
becret, secrec , and beyond , much of ie compartmentalized cryptologlc and
eignal Intelligence macerial dealing wich che Soviet Unlon , Cuba , and other
foreign governments_ Buch ab, Communist China n42 Because of Ehe enormous Cold
War paranoia, as well 88 che requlrement co maintain tight secrecy around the
bourceb ana methods usea co collect this information, Ehe Commieeion could Dot
argue itb cage fully to cbe American people_ When the research community
aa8erced that the: governmenc itbelf bad been im- [*0] plicated In che
aaeagginacion, n43 the evidence tbat the Commiagion had ubed to diecounc Buch a
posaibilicy wab avallable co che government charged with having abecced the
crIme The Cost of gecrecy was uncertalaty , an uncercainty that turned to
cynlcism, much of it based On cheorleg about tbe assassination that gained
legitimacy eimply because coula noc be tested againgc the appropriace
evidence
~Footnotes
041_ See Hurt , 9upra note 6 , ac 432-33 .
naz _ See Holland , supra noce 18 , at 64 .
na3 _ See , e.g. Harold Wefsberg, Wnitewasb II: The FBI-Secret Service Coverup
125 (1996) (concluding that 0 the FBI ana ehe Secret Service are not innocent u in
the Warren Commiabion investlgation)
See
Lop
only
they
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56 Md _ La Rev . 1, *8
~Bnd Footnotes-
Second , although che Commiebion had accegg to Bome high-quality incelligence
information, ic dia not receive everything. The CIA, FDI , and Attorney General
Robert F Kennedy failed co reveal information that would have helped identify a
motive for 2 conepiracy naa The failure to dieclose all information to the
Commiagion wab particularly damaging becauge of the distinguiahed character Of
its seven membere _ na5 Itb chairman wag Chief Jubtice Earl Warren , a person
noted for probicy and fairneee _ 246 The Commigaion wab really dIvided into Cwo
eubgroupe _ Four of che members Warren, Hale Bogga _ Gerald Pord , and John
Sherman Cooper had relacively liccle experience wich intelligence matterb ;
however the other three Richard Rubbell_ Allen Dullee_ and John J. McCloy
were fully conversant with nacional becurity issues and the bources and methodb
usea by che Intelligence services_ n4 7
-Footnotes -
n44 _ See Warren Hinckle & William W . Turner, Deadly Secrete : The CIA-Mafia
War Against Cascro and the Assasginacion of JFK 16-17 , 264-71, 403 (1992)
[hereinafter Hinckle 6 Tuxner Deadly Secreta) ; Warren Hinckle 6 William W_
Turner , The Fish Is Red: The' Story o2 the Secret Nar Against Caacro 228-31, 336
(1981) [hereinafter Hinckle 6 Turner _ Tbe Pieh Ib Rea] Newman , Bupra note 6,
Pradob , Supra note 29 , ac 211-17; Holland, Bupra note 18, at; 62 _
n45 . See Bupra note 16 _
n46 . Preaident Kennedy wroce chat Warren had nborne [hls] duttes ana
rebponbibilities with unusual integrity, fairnese , humor and' courage _ Jfm
Marrg , Crossfire The Ploc Thae Killed Kennedy 463 (1989) (quoting letter Erom
Presidenc John F Kennedy co Chief Jubtice Barl Warren)
047 _ See Holland, Bupra noce 18 , ac 52 =
~Ena Foocnoceb -
The Commission 8 succeae depended, in part , On the abilicy of the three
intelligence-savvy membere to raise tbe right questions. They beem not to have
done 30 For example, che Commission never discovered che exietence of Operacion
MONGOOSE , n48 a coverc echeme aoncocted by Pre8ident Kennedy and hls brocher,
Actorney General ("9] Robert 2 _ Kennedy, to ab6agsinate Fidel Cabtro wich
che help of organized crime_ n49 When these plane reached the public Beveral
years lacer_ Cricics Of the Warren CommiBsion bad a field n5o The
Commission 9 conclubion that a foreign government lacked a bufficlent motive to
@urder che Prebident now crumbled: ns1 Indeed, the Commlebion lookea silly and ,
even worse , co be a part of the plot because its Cricice could plaugibly asbert
that its diacinguibhed members should have guessed at Buch a possibillcy_
~Foocnoteb -
048 _ See Senate: Selecc Committee to Scudy Governmental Operations with
Reepect Eo Intelligence Accfvltles, Alleged Asbabsination Ploce Involving
Foreign Leaders , S No _ 94-465 . ac 139-46 (1975) (hereinafter Church
Commiccee] Operation MONGOOSE wab initiated by che United statee government in
1962 as 8 coverc action program co overthrow Cagtro, the Cuban leader _ See id_
good
day .
Rep .
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PAGE 11
56 Md _ L. Rev . 1, *9
na9_ See Church . Commiccee Bupra note 48 , at 139-46; Hinckle 6 Turner , The
Fish Is Red , Bupra note 44 , at 20 , 111-26; Holland, Bupra note 18 , at 62 .
n50 . Even Prebident Johnson expreaeed his belief chat Castro coula have
planned Kennedy' 8 assassination in retaliatfon_ See Hurt , supra note 6 _ at 31
(citing incerview with Lyndon 3 Johnbon; The CBS Evening News with Walter
Cronkice (CBS television broadca8c , Apr . 25 , 1975) )
n51 See id.
~End Footnotes -
Third , In appoincing the Comisgion, Prebident Lyndon Johnbon had one goal:
co check runors thac che absassfnation wab a Communiet plot _ n52 Johnson
epproprlately feared chac Kennedy' s murder coula preclpitace Worla War III 253
Oawald' 8 tine in the SovIec Union and nia trip to visit the Soviec Bmbasgy-in
Mexico City just weeks before the murder pointed" co Communist intrigue_ ns4] sich
concerng were amplifiea becaube Oswald nad identified himself wieh: the Fair Blay
for Cuba Committee , an organization openly gupportive of Caetro ana 'sharply
critical of Kennedy S Cuba policy.- n55 Thug _ Lhe Comiss:on wa8 under enormoue
pressure co produce an answer chat discounced foreign influence _ 256
-Pootnotes -
n52 _ See Holland , Bupra note 18 , ac 52 :
n53 . See id. at 56-57 ,
n54 . See 1a. at 57
255 _ See id_ at 56, see albo Warren Commieblon Report _ Bupra note 15, at
290-92 (finding that Ogwala purportedly diecribuced pamphlete On behalf o8 the
Fair Play for Cuba Committee, but also finding that Oswala exaggerated cbe
extent oE hig involvement)
nS6 _ See Holland, Bupra note 10 , at 57 _
-End Footnotes-
Fourth, as the science of forengic analysis hag progressed Over che past
chree decades , quegcione have InevLcably arisen abouc the Warren Commibeion ' 9
conclublons Involving the Presidenc 8 body , n57 the alleged murder Weapon , n58
che number and sequencIng Of the ghoce [*10] fired ac the Presidenc , n59 and
cbe condition Of the so-called AS magic bullet 0 which pasged througb che
Presidenc and Governor John_ Connally wich a minimum amounc of damage: n60 We now
know Chac che aucopsy performed On tbe Preeident was problematic, boch in
technique and organization_ n61 Yet the Commibeion relled On it_ On, ocher
mattere_ Dew formg Of analysis have been generally eupportive 0f the
Commibsion" '6 findinge; although ic now ' appeare chat the sequencIng of the sboce
{ired in Dealey Plaza was somewhac different from that descrLbed :by the
Commlssion _ n62 Ironically_ even when the lateec techniques cor- [*11]
roborate tbe CommLbslon 3 fIndlnge. che resulc ha8 not been greacer confidence
in those fIndinge , but rather, a belief that the Commiesion got {€ wrong Ioscead
of almost getting ic right _ n63
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-Footnoceg-
057 , See Narren Commission Report, supra noce 15, at 19 ("President Kennedy
was first struck by a bullet which entered ac che back of his neck ana exited
through the Jower front portion Of hie neck . caubing a wound which woula noc
neceaearily have been lethal The Presidenc wab Btruck a Becond time by a bullet
wbich entered the right-rear portion Of hig head, caubing a massive and fatal
wound . " )
ns8 _ See id_ at 81 (stating that the rifle found on the sixth floor Of che
Texag School Book Deposicory nwas identified by the PBI ab a 6.5-millimecer
model 91/38 Mannlicher-Carcano rifle")
n59 See id, at 111 (finding. that (a) one bhot . passed through the
Pregidenc 9 neck and then most probably paeged chrougb the Governor' $ body , (b)
a subsequenc Ohoc penecrated tbe President s head , (c) no Qther shot struck any
part OE the aucomobile, and (a) three shots were fired. The evidence L5
inconclusive as to whecher ic wab the first, second , or thira Bhot_ wbicb
missed . ")
n60 _ See id. at 79 ("A nearly whole bullet was founa On Governor
Connally'8
stretcher at Parkland Hospical afcer the assasginacion_ ")
n61-. See Groden 6 Livingscone = Bupra note 6 , at 3 .
n62 _ See Charleb J Sanders & Mark S _ Zaid, The Declassificacion OE Dealey
Plaza : Afcer Thircy. Years , a New Disclosure Law at Last May Help to Clarify the
Faccs Of che Kennedy Asbabeination, 34 S_ Tex _ L. Rev , 407 (1993)
The so-called 0 magic bullet" or "single bullecu_.cheory_has been_the_gubjecc
of intense debate_ See, e.9. Bdwara Bpstein, Inquebt ; The Warren CommLeaion
ana the Betablishment Of Truch 115-26 (1966) (criticieing the elngle bullet
cheory a8 babed On a "misinterprecation" 0 of ballistics testimony; Che ' "extremely
cenuoue fLndinge 0f the wound balligcice tebt , and the omlaeion of conflicting
cebcimony) Marshall Houtg , Where Death Delights: The story OE Dr _ MLlton
Helpern and . Forensic Medicine 62-63 (1967} (concluding chat a Gingle bullet
could not have penetrated seven Layere of "tough human skln# ion addition to gofc
[issue ana bonee) Hurt_ supra note 6 , at 61-86 (arguing that: rebulce of the
speccrographic examination and neutron accivity analy8is dla ot support cbe
eIngle .bullec cheory) Michael Kurtz , Crime of Lhe Century 175-76 _ 180-01 (1982)
(crlticizing che eingle bullec theory in ligbc OE the Condicion of the bullec
and the deficlencles in cbe neutron actvity analyaie tests) Lane , supre noce
6 , at 69-80 (concluding chac the angles of impact and tbe condition of the
bullet found at Parkland Hoepital invalidated che single bullet theory) Raymond
Marcus_ Tbe Bascara Bullec: A_ Search Legicimacy for Commissfon Bxhlbic 399 ,
1-77 (1966) (concluding that bullet 399 "wag never fired at any buman targech
and cbec che bullet vab "plantedn On the hogpital Beretcher) ; Marrs Bupra note
46 _ at 366-71 (concludlng cbac findinge from Kennedy' 9 aucopey conflicted with
che gingle bullet theory) Sylvia Meagher _ Accesgorles After che Fact: The
Warren Commiabion, the Authorities, and che Report 27-35 , 137 , 167-70 _ 461
(1967) (concludlng chac the sIngle bullec cheory i0 weak because , of the chree
doccors wboee ceacImony supports the theory, one retracted his orlginal .Opinion,
che second qualified his testimony, and che third was never shown Che Zapruder
film Or che stretcher bullet) Bonar Menninger, Mortal Brror: The Sboc That
KiIled JFX 29-43 . (1992) (arguing that the single bullec theory is inconsiscenc
Jay
for
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56 Md _ L. Rev . 1, +11
with eyewitness accounts and photographic evidence) F_ Peter Model 6 Robert J_
Groden , JFK: The Cage for Conopiracy 61-77 (1977) (concluding that the angle- of
impact and the prigtine condicion of the bullet made the single bullet theory
impossible) Posner , Bwpra noce 6 ac 317 , 326-35 , 474 , 477-79 (relying on the
latest computer and filn-enhancement cechnology" to conclude tbac a 9ingle
bullet could cause both Xennedy' & and Connally'6 wounds_ and chat a Bingle
bullet could have been fired Erom che Bixth floor of the Texae School Book
Depobitory) Howard Ruffman _ Pregumed Guilty 53 _ 131-48 , 226 (1975) (concluding
chac bullec 399 did not cause Kennedy' 9 injuriee) ; Summerb _ Supra note 25 _ at
67-71 (concluding that the pristine condition Of cbe bullet invalidatea the
single bullec theory) Josiah Thompson, Six Seconde in Dallas ; A Micro-Study of
cbe Kennedy Abbasbination 9 , 30 , 38 _ 56 , 59-71, 75 , 77 , 196 , 201-09 , 213-14
(1967) (concluding tbat the gingle bullec theory 1b wrong because none Of che
bhoce miesed and becaube the bullet did nol go ell the way through Kennedy - 8
neck) Luie Alvarez A_ Physicist Bxamineg che Kennedy Assassination Pilm, 44 Am _
J_ Physice 013-19 (1976) (using motions Of Zapruder' 8 camera to determine the
number of shoce firea) John Nichols, The Hounding of Governor John Connally-9
Texas : November 22 , 1963 _ Ma . St_ Med. J . 58 , 76-77 (Oct _ 1977) (concluding
that there was no bullec Eragment embedded In Connally'0 chigh and that_
tberefore the single bullec cheory ib wrong) Nova : Wbo Shoc Preeident Kennedy?
(PBS celevieion broadcast , June 19_ 1988) ; The Warren Report (CBS Newb
celevibion broadcast , Part I, June 25 , 1967)
Recenc analyeie bab discounted the acouatical evidence broughc Eorward in the
investigation of' che Hoube Select Commiccee on Absabsinations See infra note
63 , Prontline: who Wab Lee Harvey Oswala? (PBS television broadcagt , Nov . 16 ,
1993) ; Wbo Killed JFK: The Final Chapter (CBS celevibion broadcast , Nov . 19,
1993)
n63 _ See House Select Commiccee On Asbassinations, Report of the Select
Commiccee On Agbagginations _ X.R. No _ 95-1828 pt 2 (1979) The House
Selecc Commiccee On Assassinationg concluded that the acouscical evidence
established chac a fourth shot wag fired, and, therefore , chere wae a 'high
probabilicy" chac cwo gunmen fired ac Pregident Kennedy - Id_ ac 65-79 . Tbe
Committee relied on analyses of a diccabelt recording of the Dallab police
channels _ See id. ac 66-67 _ Bolt Beranek and Newan Inc performea che firsc
analysis ana concluded babed on impulge patterne decectea Erom the recording
and an acoustical reconatruction of the aababbination that there wab a 508
chance of a fourch Bboc Erom the Grassy Knol] See id_ at 66-72_ Mark Weibe and
Brneet Aschkenasy performed a follow-up analysis for the Committee and concluded
chac cbere was a 95* chance chere wab a Bhot fLred from che Grasey Rnoll See
id_ ac 72-75 _ But see Posner_ supra noce 6 , at 240-42 (arguing that the House
Selecc Committee misinterpretea che acoubtical eviaence _ and, cherefore, it
"failed co eacablish the number Of Bhote scientifically")
~End: Footnotes-
Fifch, che Warren CommLesLon Reporc all 088 Pages of ic wab the work Of
lawyers, cho noc only dominated the Commiaajon. but albo its gtazt , the true
authors of che Reporc _ 364 The final documenc readb like a legal_ brlef
supporting the argumenc chac Obwald commicted che crime The Report ought co
have been a dispassionace analyeie Of all of tbe implication8 surrounding che
murder. some of which the Commibeion itgelf bad no knowledge _ n6s Instead , the
Report was a mound Of facce chac obbcured the iggue of Obwala'6 motivation and
portrayea hfm a8 a Bullen, dysfunctional _ and troubled loner n66 By
Rep .
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generacing [*12] guch a reporc , che Commieeion lefc open the opportunity for
critics to complain that Oswala wab a Patby who did not act alone n67
~Footnotes -
n64 _ See Holland, Bupra note 18 , at 57-58 _
n65 _ See id_
n66 _ For example, tbe Reporc made che following findingb with regard to
Oewala ' 0 Characcer:
factors were undoubtedly involved in Oswald' 8 motivation for the
assassination, and the Commission' doea noc believe tbat it can ascribe to him
any one motive or group of motives It 10 apparent _ however , that Oswala was;
moved by an overriding hobtility co his envlronment _ He doea not appear to have
been able co eetablish meaningful relatlonghipe wicb other people _ He was
perpetually discontented with the world around him.
Warren Commiesion Report , supra note 15 , at 423 _
n67 See e.g. Marre , supra note 46 _ at 91-112 (examining Ogwald' 8 life and
concluding chac he wab a Bpy for the Onited Statee) Pogner , eupra note 6 , at
410-19 (describing che rabh Of criticism following the publication of tbe: Warren
Commission Reporc)
-End Footnotes-
The Report began to sink Shorcly afcer iCB releage_ 168 Rebearchere ueed {CB
mabaive decails to challenge the CommLsefon 0 abeumpc Lone and findings _ n69
However_ che Veil of Becrecy tbrown over the incelligence Bources prevented the
Commiebionere ana their defenders from rebutting cheir detzactors _ n70 The
Commis8_on 0 Cola War-Induced comitment to Becrecy inextricably linked Its
Beven memberb co che intelllgence conmunIty, and when hat community
subsequencly came under atcack, tbe Commiggion' 9 reputation suffered as well _
n71
~Footnotes-
n68 In 1966 a public opinion poll revealed that Americans doubted che
fIndings of the Warren Commission by a margin of tbree to Elve _ The public' 9
reeponee Ib recounted in Meagher swpra noce 62 , at 463 _
n69 _ See e.9. Lane _ supra note 6 (criticizing the Warren Commission' 6
incerprecacion of objective evidence in cbe Kennedy abea861natfon) , Llfton,
Supra poce 6 (diacuebing alternative interprecatione of the Rennedy
a0be0binacion evidence) Meagher_ Swpra note 62 (comparing raw evidence of the
Kennedy ab0abbinacion wieh the presentation Of chac evidence in tbe Warren
Commission Reporc)
Many
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n70 _ See supra noces 41-43 and accompanying text _
n71 5 See supra noteb 40-47 and accompanying cexc_
End Footnoces -
II_ Other Investigationb of the' Asbassination
Between 1964 and 1979 , the American intelligence berviceb were gubjected to
unparalleled 'scrutiny, much Of ic fueled by the CIA 8 and FBI ' & cies co the
Watergate debacle and by revelacions Of domestic political Burvei)lance by both
agencie8 and the military intelligence services _ n72 There were chree other
federal Invescigations that, in dealing with: these isSues _ albo addreased the
Kennedy abbabbination: in the mid-19708_ che Rockefeller CommLebion , n73 the
Pike Commlctee, n74 and [*13] the Church Comltcee n75 probed maccers that
couched on matcers relating to the abeaggination and provided, Mobc
spectacularly, information abouc Operation MONGOOSE _ n76 Operackon MONGOOSE 977
{ovolved CIA plans to debtabilize che Cuban government _ murder Castro and otker
leadere o8 hostile foreign nations and relied on organized crIme to ass1st wIth
both. n78
-Foocnocee-
n72 , For an example of the inereaged acrutiny of the CIA, Bee Viccor
Marchetti 6 John D Markb _ The CIA and che Cult Of Intelligence 4-12 (1974) See
generally Johnson, supra note 29 (digcusging the problems of Btraceglc
Incelligence In a democratic gociecy)
n73 _ See Commiseion on CIA Accivities Within the Onited scacee, Report to the
President by the Commisbion on CIA Accivities Withio the Oniced-Staces (1975)
(herelnafcer Rockefeller Commibeion)
n74 _ The Rike Comittee Reporc co the House Select Committee on
Intelligence
wag never officially releaged _ However , tbe VIllage Voice reprInced a
substantial part Of the Commiccee 0 [indings _ See The CIA Reporc che CIA Doesn 't
Wanc You to Read _ Village voice _ Feb _ 16_ 1976 (Supp.) The Selecc Commlttee s
Invesclgation Record, Village Votce_ Feb _ 16 , 1976 , at 72 ; The Select
Commiccee S Oversight Experience , VIllage Volce_ Feb. 23 , 1976 , at 60 .
n75 . See Church Commiccee , gupra note 40 .
276 , According co Loch Ka Johnson; a berieg Of arcicles bY New York Times
reporter' Seymour Hereh Jn December 1974 prompted che creatlon o8 all three
committees _ See Johnson, aupra note 29 , at 3-4 , 207-08 _ Hersh revealed, among
other abuses , that the CIA had compiled flles on over 10,000 0.S. cltizens a8
part of Operation CHAOS _ See id= at 3
To invebtigace Hersh S claimb , Preaidenc Gerald Ra Pord created che
Rockefeller Commission, named afcer 1c6 Chairman, Nelson Rockefeller_ See
Rackefeller Commission , supra noce 73,_ at ix; see albo Bxec _ Order No. 11,828 , 3
C-F-R= 933-34 (1975) The Senate created a special" conalccee chaired by Prank
Church . See Church Committee, Bupra note 48 , at 1-3, (etacing che Churcb
Commitcee 8 mandate ana scope of inveetigation) Otie Pike, che chairman of che
House 3 scandlng committee On intelligence , investigated for che House . See
Supra noce 74 _ The Rockefeller Commission was to decide if che CIA had
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PAGE 16
56. Ma . L. Rev . 1, *13
violaced 50 U.S.C_ 403 (che gtatute creating the CIA) co decermine whether
there were adequate safeguarda co prevent activitieb chat violaced the statute,
and to make recommendations to the President and the direccor of che CIA . See
ia_ at X, The Commisgion was to iebue icb final report within three Monche and
co cerminate one Month after presenting iea report _ See Exec. Order No _ 11,828 ,
3 C.PaR. 933-34 _ The Commission Eound, incer alia, that (1) the CIA 9
surveillance Of mail between the Onited Scaces and che Soviet Onion wae illega]
(2) che declared mission of Operation CHAOS co determine foreign influence on
domestic diaeidence was proper but Bome activities exceeded the CIA 8
authority; (3) che infiltration of diseident growps exceeded it9 auChoricy_ See
Rockefeller Commission , supra note 73 _ ac 20-27
The Church Committee was creacea by Senate Resolution 21 wich a broad mandate
to determine if there were any ""illegal_ Lmproper Or unethical In governmencal
Intelligence activities. Church . Commiccee , gupra note 48 , at 1 (quocing S. Res _
21_ 94ch Cong _ (1975) )
In hls Introduction to che Interlm Report , Senator Church explained that Ehe
Committee took WP the' invegcigatlon of assassination ploce co concinue the task
OE che Rockefeller Commigaion_ See id. at 2 Tbe Church Commiccee investigacea
murder plota against `Lumumba , Castro, Trujillo Diem, and Schneider _ See id_ at
4-5_ Witb regara co Caatro, it concluded thac "Oniced Scaces Government
personnel plotted Co kill Cagtro Erom 1960 to 1965 . Ja_
n77 _ See bupra noce 48 _
n78 , See Cburch Comittee, gupra note 48 , ac 4-5 . The Church Committee
investigalion revealed evidence that _ Erom 1960 co. 1965, the United Staces
government uged underworld figuree ana anti-Cascro Cubans in a plot to kill
Castro_ See id_
-End Footnotes-
The most powerful oE che post-Warren Commission inquirieb waa chat made by
che House Select Committee on Aseagginations (HSCA) which in 1976 eopenea the
investigation that had been geemingly closed a dozen Yeare earlier . n79 The
Committee_ chaired bY Congregsman. Louls Stokes of Ohlo; explored Beveral
concroversial areas of John F Kennedy' 9 agsassination, along wich chose of hls
brocher , Rob- [+14] ert_ ana Reverend n80 Tbe HSCA Bueferea Erom ts
Oun limitations_ which are beyona the scope of tbie Article. n81 However_ che
HSCA - 6 conclus_one which now seem to be in queetion, hela chat the Couuulttee
could not rule out a congpiracy to xill tbe Preeidenc _ n82 This flnding directly
challenged the Warren Commisslon _ n83 For example , che HSCA believed that
advanced acoustical techniques demonstrated chac chere had been 'more than one
shooter in Dealey Plaga . n84 That analy8is wab bubsequently: repudiated, n85 buc
ic was Eoo late to councer the damage done to the Warren Commiggion' 9
credibility.
-Footnoceg-
n79 _ See House Select Commitcee On Aasassinations , Report of che Select
Commictee On Asgassinetione _ A,R. No _ 95-1028 , Pt , 2, ac 9 (1979)
(hereinafter House Selecc Commlctee)
Klng .
Rep
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RAGE 17
56 Md . L. Rev . 1, +14
n80 _ See id. at 10 .
n81 See Hinckle 6 Turner, Deadly Secrets _ Bupra noce 44, at 271 (concluding
that the HSCA suffered Erom lack of funding and cbac too much time had passed
between the asgassination and the Commiccee' 8 investigabion)
n82 _ See House Selecc Commiccee_ Bupra note 79 , at; 95 (stating_ tbac che
Commitcee believed #on che babib of the evidence available to it chac Pregident
Jonn P Kennedy was probably ae8a68inated ab a result of a congpiracy")
n83 See id_ ac 104-09.
n84 _ See ia_ ac 46-47 , 65-79 .
n8S _ See supra note 63 _
~Bnd Footnotes -
The HSCA exhaugced ice funde before lt coula complete ics cabkb and Jeft
mounds of recorda behind_ including those deallng with organized crime, which
the HSCA had subpoenaed, buc wae unable to process _ n86 Today theee materials
are one Of che chief objecte Of the Assagsination Recorde Review: Board_
~Footnotes -
n86 _ See Hinckle 0 Turner, Deadly Secrete , supra note 44, ac 271 .
"End Footnotes-
IIIS The Asbabsipation Recordg Review Board
The findings of these Investigationg inepired Ollver Stone '& 1991 movle n87
wichout endorsing the. movLe '8 Bengational conclusions_ many membere Of Congress
decided that the government 5 refugal co, release classifled Informacion about'
che assa88inacion: promoted an unhealthy level of dietrust Of government _ n88 As
a resulc, Congrees paeeed the John F Kennedy Aggabbination Records Colleceion
Act of 1992 n89 (the JPK Act Or Act) wbfch mandated the creatlon of a
{Jve-perbon Review Board _ n90 The Act ordere. all federal agencles co abbeb8
vhecher chey [*15] possess recordg relating to the assassination _ n91 All
records chac an agency deems as not guicable Eor immediate release are bubject
co che Boara' 8 evaluation. n92 Al1 records identified as relating to the
absaabination must be opened by Occober 26 , 2017 _ with the: exceptlon OE records
thac che Prebident certifies for concinued postponement _ 693
Pootnoceg-
n87 _ See . JFK , Bupra note 9 . This 1991 Warner Brochere: movie.' fictionally
described the inveecigaclone into the John P Kennedy agea88inatlon _ See id_
nb0 _ See H.R. NO - 102-625, Pt . 1, at 10 (1992) (gcacing that unjustifled
gecrecy surrounding che aagab0inacion increases doubts and speculation and
"fuels a growing distrust in che inecitutione of government ")
n89 _ 44 U.S.C. 2107 (1994)
Rep .
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PAGE 18
56 Md _ D. Rev . 1, *15
n90 , The legislative hibtory and congregsional diecuabion of the need for the
Board can be found in H.R_ No_ 102-625, pt _ 1, at 6; H.R= No_ 102-625 ,
Pt . 2 , at 7 (1992) , H.R= No _ 103-587 , ac 2 (1994) The law establishing the
Board is at 44 0.8.C. 2107 (6) (1994)
n91 44 U.S.C. 2107 (5)
n92 _ Id_ 2107(7) (j)
n93 , See Sanders 6 Zaid, supra note 62 , ac 419; Harold C. Relyea 8 Suzanne
Cavanaugh , President John F_ Kennedy Asgabaination Records Disclosure: An
Overview_ Congressional Research Service Report for Congress 13-17 (1993)
(discussing which particular records can be postponed from release)
~Bnd Footnoteb-
The Act defines beveral categoriee Of information for which digclogure May
be pobtponed , Including national gecuricy , intelligence gathering_
" personal
privacy . and preeidential security- 094 However _ becauge the Act declares a
"preeumption . of imediate disclosure n the Board will not postpone the
dieclobure Of material unless it i9 perguaded that ehere 15 "clear and
convincing evidence" Di Of SOme harm chac outwelghe the public'8 interest _ 095
~Foocnoteb -
n94 _ 44 U.S.C, 2107 (6)
n95 . Id . 2107 (2) (a}
~Ena Footnotes-
Congress intendea for che Board to oversee the opening to the public oE a
gubetantial amount Of. macerial perhaps in the milllong Of pageb . n96 Congrese ,
eherefore_ clothed the Board wich broad Bubpoena and other powerb _ 097 The Boara
1g without precedent in American hiacory- witb powers that reach: far beyond , for
example , cbe Freedom of [*16) Information Act' (FOIA) n98 The Boara ' B
cesk 18 co Make the public record Of one epic hibtorical event as complece a8
pobbible n99
~Pootnoceg-
n96 . The congrebeional hearings surrounding_ che pabbage Of the Act make clear
cbat Congre8e expected che Review Board co exercige its powers" in favor of
opening maceriale _ See The Assassination Maceriale Disclosure AcE of 1992 :
Hearing Before che 8enate Coim _ on Gov'cal Affaire On S.J. Res _ 282 , 102d Cong .
(1992) [bereinafter Abeabeination Materlals Digclogure Act I] ; Assassination
Maceriale Dieclobure Act of 1992 : Hearinge BeEore ehe Subcoma On Econ _ and
Commercial Lay of che Houge Comm _ On the Judiclary On H.J . Reb _ 454 , 102d Cong _
(1992) [hereinafter Assaebinacion Maceriale Disclosure Act II] ; Aggabeination
Materials Disclosure Act of 1992: Hearinge Before the Legislation and Nac ' 1 Sec .
Subcomm . of che House Comm _ on Gov" t Operations On H.J. Res _ 454 , 102d Cong _
(1992) [hereinafter Assabsinacion Materialb Disclosure Act III] The
BffectIvenesg of Public Law 102-526 , the President John F Kennedy Ageabeination
Records Collection Acc of 1992 : Hearing Before the Legislation and Nac 1 Sec .
Subcomm _ of the House Coma on Gov't Operatlons , 1038 Cong. (1993)
Rep; Rep .
Rep .
only
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[hereinafter Effectivene8g Of Public Law 102-526) The presumption waa alwaye to
be in favor of opening a document rather than pogtponing it_ thue making
postponement the exception rather than the rule under che law. The Congress
could guebs at the scope of materials to be opened.
n97 , 44 0.9.C. 2107 (7) (j) _
098 _ 5 0,9.C. 552 (1994) For a digcuggion Of che hietory and operation of
che Freedom of Information Act (POIA) see generally Patrick J. Carome 8 Tbomag
M; Suaman, American Bar Asbociation Symposium On FOIA 25th Anntversary , 9 Gov't
Info. Q. 223 (1992)
n99 _ See Sandere & Zaid, Bupra note 62 , at 417-18 _
~Ena Footnoteg -
Alchough che Board ' 8 mibbion 1s clear , in execucing Che lam it continualty
confroncs the powerful ceneion8 generaced by tbe principled clains Of openness
and secrecy . To chooge 16 co Jead, and the Board , in atcempcing to break new
ground in public digclosure, conErontb eome profound choices _ Thoge choices have
to be informed, moreover, by a shrewd aabebbment of the public'9 righc co KnOw ,
the publlc= 8 need to have secreta vical Lo itb national securlty proceccea, ana
che intelligence services' duty co Bafeguard thobe secrets and the bourceb and
methods that produce them _ noo
~Footnotes-
nloo _ See DuVal _ supra note 14 , ac 580-91 .
~Ena Foocnocee -
The Board ' 9 Mobt difficult choices {ovolve che dispobitlon Of classifled
intelligence documence . If a federal agency wance Co Open materials, lt 16 not
the Boara ' s ducy co prevent it_ Rather_ che Board ' 9 mobt important task 1s co
decide whac should noc be opened immediately, in lighc Of the Act 8 powerful
admonition that chere be "clear and convincing evidence" in favor of
postponement n101 In 6implebc cermb_ the Boara hag co decide whether materlals,
If opened , would reveal :
~Footnotes-
2101 . 44 0.8.C. 2107 (6)
"Ena Foocnoteb-
(A) an intelligence agent whose identicy currently requires protectLon;
(B) an incelligence bource O1 method whLch J0 currently utilized, or
reasonably expecced co be ucilized, by +be Uniced Scaceb Govermment and which
has not been offlcially diecloeed_ che dieclosure of which woula interfere with
the conduct of intelligence acciviclee; Or
only
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56 Md _ L. Rev . 1 , +16
(C) any other matter currently relating to the military defenge _ incelligence
operationa Or che conduct of foreign relationa OE the United Stateb, the
diaclogure Of which woula demongcrably impair the nacional becurity of che
United Stateb nloz
~Footnotes-
n102 _ Id . 2107 (6) (1) (A) (B) (C)
~End Pootnoces-
The Act provides other groundb for postponement . These Include exposure Of an
informant to a "swbetantial risk of harm , n103 exposure of a petgor co an
"unwarranted invasion of personal [*17] privacy , " 21o4 che pogbibility of
compromLsing a relatlonship betveen a Onltea stateg. governmenc . agenc ana a
confidential bource , n105 and the revelation of a security procedure uaed co
Protect the Prebident _ 01o6
~Footnotes-
n203 _ Id. 2107 (6) (2) .
n104 . Id_ 2107 (6) (3)
ni05 . Id. 2107 (6) (4) _
n1o6 . Id . 2107 (6) (5)
~End Footnotes -
IV _ Openness and Secrecy OriginalIntentiona
Hibtory offers uncertaln guidance about hov che Board bhould welgh thebe grounds
for poetponement agalnst the public" interegc in kowing tbe factb' about the
abbabbination The Pramers of the Onlted Statee Conalicution did harbor doubts
about government , doubts precipitated by their experience in the Bnglish Empire _
2107 James Madison and Thomas JeEferaon, among other8 . teetifled eloquently to
the proposition that publlc accouncabilicy wab an appropriate measure of the
success Of a republic. nlo8; Sc111, che Framera were algo bophisticated statesmen
who valued secrecy in fostering che public good . 0109 For example the
Philadelphia Convention of 1787 conducted icg deliberationa in secret without
any complete recora Of its debates _ n1io The Congtitucion providee for the
@alntenance of an executive journal for both Hougeg of Congregg and permitb
government to publish its accounts and revenueg Erom ncime to' cime, racher than
On]demand . n111 Even more fundamental was PreeLdenc George Mabhington" 8
asbertion Of a broad degree of presidential discretion in dealing wich foreign
relations, war and peace n112 In Certain clrcumstances _ '8ecrecy could be
Justified to attain ends superior to a completely In- (*18] formed public _
Indeed _ the Conbtitution 8 Preamble declares that inguring: #domestic
Tranauilicy" and providing for the "common defencen are objectives equal to
becuring the "Bleaeinge of Liberty. n113
-Footnotes-
's
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56 Md _ L. Rev . 1 , *18
n1o? . See generally 9 James Madison _ The Nritings of James Madison (Gaillard
Hunt ed _ 1910) (photo reprint 1971) (discussing how the Framers of the
Conbeicucion were affected by their prior experiences with the English)
nio8 Madison wrote, mA popular Government _ without popular Information , or
ehe meana Of acquiring It_ 18 but a Prologue to a Farce or a Tragedy , or
perhape boch _ Knowledge will forever 'govern ignorance: And a people who mean co
be cheir Ow Governors , must ara Ehemgelvee with the power which knowledge
gives _ Id . at 103 Jefferson' stated: #No grouna of 9upporc of che' Execucive
Vil1 ever be s0 gure 2s a complete knowledge of cheir proceedinge by the' people;
ana Jc Js in cases where the public gooa would be Injured _ and becauge it
woula be Injured , chat proceedingg ghoula be gecrec _ Thomas Jeffereon : Rora for
Word 409 (Maureen: Harrieon & Sceve: Gilberc edg 1993)
n1o9: See Madison , supra note 107 , ac 104 _
n11o , Bee Thornton Anderson, : CreatIng the Constitutlon 8-12 (1993) $ gee a18o
Milliam Peterb _ 4 More Perfect Onion 22-38 (1987) (quoting Thomag Jeffergon: "I
am sorry they begin their deliberations by so abominable a precedent 49 thac of
tying up the tongues of tbeir members " ) "
n111, 0.8 . Conet _ art I, 5, cl _ 3 _
nl12 See Refugal by Pregident George Nashingcon to ' Submit Confidencial
Correepondence with John Jay to the Hoube Of Representatives, March 30 , 1796 , in
William M. Goldemich; Tbe Growth 0f Presidential Power 418-20 (1984)
n113 _ U.S _ Const _ preamble The Preamble co Che Congtitution btetes in full:
We tbe People of the Unlted States , In Order co foru a more perfect ' Union,
ebtablish Justlce, Insure domestlc Tranquilicy, provide fOr the common defence ,
promoce the general Welfare . and secure the Blegginge of Liberty to ourselveb
and our Pobterity, do ordain and establish thig Congcitucion for the United
Stateb of America _
Id _
~Bna Footnoteb -
On the question of original intencion, the evidence i8 mixed . Secrets were
ac once bad and uaeful, opennese wae an object to be pureued, but not at 211
Costs Since 1787 . the government has become more racher chan ' lebe accountable,
Its secrets more rather than less readily acceggible Co icb citizene n114
~Pootnoces-
nl1a - See generally Daniel N_ Hoffman, Governmental Secrecy ana che Founding
Fatherb : A scuay in Consticutional Controls (1981) (scating that judicial
doctrlnes and legislative controls on policical Bpeech and publication have
only
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toughened since 1787)
End Footnoceg -
V Openness and Secrecy FOIA
Por more than 190 yeare che American public did not have a legal right to
access to information about itB government _ n1l5 A1I of chac changed _ however,
Jn 1966 when Pregident Lyndon Johneon 8igned FOIA ni16 and chereby altered the
bistorical relationship becween che Eederal government and the publlc_ n11? FOIA
presume8 thac governmenc inforiation is public information and is implenented by
the judicially enforceable requlrement tbat al1 federal agency records be made
available prompcly upon request , subject only to nine exemptions_ wbich are to
be narrowly congcrued_ n118
-Footnotes-
011s. The isgue of openne8g. in government hag bietorically been: franed in'
cerma of che right Of the government to secretb , rather chan the right Of
cbe public to have accesb to governmental recorde_ See Seeh F_ Kreimer_ Sunligbe
Secrets and Scarlet Letterb : The Teneion Between Privacy and Disclobure in
Constitutional Daw, 140 U Pa _ L. Rev _ 1 (1991) The movemenc cowards greacer
openness in the pobt-Norld War II period bab been part OE a broader movement in
the twentieth century to hold government accountable for itb actione See id. Aa
a result. bince the ' progressive era Of tbe early twentieth century, we bave been
the institution of public records . open meetings_ and 0 subhine laws` See id.
2116 _ 5 0,8,C. 552 (1994)
n117 . The Acc has come under cricicigm Erom boch advocates Of opennegs ana
proponents of secrecy _ See e.g., Carome & Busman , supra note 98 _ at 223
(criticizing che Act becauee the cost of implementatlon outweighe the benefits
it 1s supposea to provide) Non-Denial: How Attitudes and Inertia Combine to
Subvert the Preedom of Inforwation Act Kiplinger Program 1-32 (Suner
1994) (discussing the success Of FOIA ' in providing Amer-cans with a means of
acquiring information about their government)
nll8 _ 5 0.8,C. 552 _
-End Footnoteb -
Critics of FOIA seldom doubc ice intenciong buc chey do doubt its
effectivenee8 , complaining chac che Cogc Of implemencing It (*19) far
outweighg ics guppoged benefice_ n119 The argument: againgt_ FOIA wag perhaps begt
summed up by Jubcice Anconin Scalia: wbo degcribed the gtacute ag 0 che Taj Mahal
of the: Doctrine of Unanticipaced Congequencee che Siacipe Chapel of
Cobt-Benefit Analybis ignored _ 1 n120 Cricicb lixe Juatice Scalia charge thac
POIA harmg che . government 6 and che public'8 legitinace neea for gecrecy . n121
Footnoteg-
n119_ See Carome & Susman , Bupra note 98 , at 223 ; bee albo supra note 117,
nl20 _ Anconin Scalia, The Freedom Of Informacion Acc Has No Clocbes , 14 AEI
J on Gov'€ 6 Soc 'y 1026 (1982)
gain
keep
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good
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n121 _ See id_
~End Footnotes -
Many Of che mogt important documents relating to Pregidenc Kennedy' 9 murder
have been unobtalnable through FOIA_ n122 Nevertheleas , FOIA and che
Aegabsinacion Records Review Board do ghare 2 common purpose : co break chrough
government ' 0 hibcorical habic Of claabifying informacion that otherwibe could
and bhould be open _ nl23
~Footnoteb-
n122 _ See Sandera 8 Zaid, Bupra noce 62 _ ac 408 6 n.2 (Btating tbat without
che implemencacion Of che Pregidenc John F _ Kennedy Agbagaination Recorde
Colleccion Act Of 1992 , the recorde ' concerning che ag8ag9inacion would remain
claggified until the' twenty-firgt century)
n123 _ See 44 U.S.C: 2107 (b) (2) (1994) (acacing che purpoee of che President
John F Kennedy Aggaggination Recordg Colleccion Acc OE 1992) Caroie & Susman,
Bupra note 98 , at 223 (discuseing FOIA and the preguaption that government
Information 19 public information)
~End Foocnoces -
VI _ Tbe Bubiness of Secrecy
Today, keeping information secret has become a massive Lndugtry In WaebLngcon _
n124 According to officlal eatimateb , the government took 6 .3 million
clabbIficacion atione In 1994 , creating an estimated 19 milllon pagea Of
'information chat only Belected government officlals can see_ nl25 More than
32, 000 governmenc workerb are employed full-tfme to deterulne what_ ghoula be'
becret _ what level Of becrecy the material should have and whether che
aocumence Bhoula be clabelfled _ n126 The . government holds hundreds of milliong
Of pages Of gecrec documenca ; indeed, the precise number has gone beyona the:
governnent 5 ability to count _ n127
-Bootnotes-
0124 . See AnnDevroY ,. Clinton Eases Governmenc Secrecy' Rule8: Mogt
Declassification to Become' Automatic, Wash _ Pogc , Apr . 18 , 1995, at A1 ,
available In LEXIS , News Llbrary, WPost File _
n125 _ See id.
0126 . See id_
nl27 _ See id_
~End Footnoteb-
The problem of whac co do wich clagaified documente i0 btrangling some
government agenciee_ For example, conbider the Department of Energy: 0128
American makere Of nuclear weapona have been clabeify- [*20] ing virtually'
everyching for so long that the Energy Deparcment now hae more becretb than it
can hanale . n129 The Department ha8 100 million pageb of documente that it
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wancg co review for poeeible release_ but it does not: have che resources to do
so . nl3o For more than fifty years, tbe Department followed a gcheme Of
clasbification that might bebt be called "classifled at birch. n131
document generated was presumed becret until proved otherwige_ n132 The
Department and itb civilian contractors have literally 1ogt track OE what needs
co be kept quiet _ nl33 Even more fundamental wbat 1s genuinely in need OE
protection the debign of weapons and such i9 logt in-an ocean of documente
no longer worthy of classified status (if ever were) n134
~Pootnotes -
n128 _ See Macthew La Wald, Millions of Secrets Burden Energy Agency , N.Y.
Timee , Feb . 7 , 1996 , at A15 , available in LEXIS, News Library: Nyt File.
n129 _ See id.
n130 _ See id.
n131- Ia_
0lj2 _ See id_
nl33 _ See id_
nl34 _ See id=
Ena Foocnoces -
In April 1995 _ tbe Clinton administration accempeed co break tbls
classificaclon logjam_ n135 The President iasued-an executive order aimed ac
opening governmenc 8 oldest Becrets to publlc view chereby reducing the' number
of documence made b0crec and ehortening the number of yeare remain
classified_ n136 The primary element of the order i0 the. automatic
declagsificacion wichouc review of mogt documenca cbat are twenty-five years ola
or older 0137 . Previouely. documents had remained claaeifled indefinitely. n138
Now_ unless che documencs fit Into a group OE narrow exceptions , will
autonatically be open. co che public: n139
~Footnotes -
n135 . See Exec . Order No. 13,958 , 3 C.F.R. 333 (1995) reprinced a8 amended
in 50 0.S.C. 435 (1996)
n136 _ See Id.
n137 . See id_
n138 - See Devroy , Bupra note 124 _
n139 _ See id_
-End Footnotes -
How well the new system will work remaine to be seen _ Pregidence come and
preeidents go , but the security bureaucracy remains Not only d che
Any
they
cbey
they
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1 56 Md _ L. Rev . 1, +20
Intelligence agencies grumble about having to make public chac which i8 mObt
Precioua co chem, but they argue that Buch declaebification (is costly and tine
consuming, egpecially in an era Of diminiehed rebources _ n140
-Footnoces -
n140 _ See Tim Weiner, C.I.A Ie Slow co Tell Early Cold War Secrets, N.Y.
Times , Apr . 8 , 1996 , at A6 , available in LEXIS , Newe, Library, Nyt Pile_
~Bnd Footnotee -
[*21]
VII_ The Board and the Intelligence Serviceb
The JFK Act is an accempc noc only co deal WIth the issue of public confldenge
in government n141 buc algo co forge a model of how we might keep" from sinking
In our Own secrets_ Yet the Incelligence community rebLete the opeilng Of
claesified materlals, even those that are now a chird-of-a-cencury old. This
defiance i8 particul ironlc Ln che case Of the Kenaedy agbabaination in
chac che incelligence agencles most troubled by the digcloguree are che bame
Ones chac Mo8c ofcen figure In consplracy theories. nl42 Digclobing materials
chac che CIA ana FBI want pobtponed mlght actually affirm that neither a foreign
nor domescic conepiracy existed and demongtrace che vical role Played in
Gupporting American interests Ln the Cold War _
-Footnotes -
0141 _ See Assassination 'Maceriale Dieeloeure Act I, Ssupra note 96 , ac 1
(opening scatement of Chairman Jobn Glenn) (obeerving tbat "disclosure Of
inforatfon Lb the rellable way co maintain the public trust and co diepel
dibtruec")
n142. See , e.9. Exhlbit Nine infra P. 54 = As early as 1976 , the CIA iceelf
acknowledged that "conspiracy cheoriee have ` frequently thrown sugpicion on our
organization . Id_
~Ena Footnocee-
Congrese never contemplated total dIsclosure _ ocherwibe it would not have
creaced che JFK Board. n143 Disclosure Is an Lmportanc public interest , but s0
coo 18 procectIng benbitive information n144 There are many Occabions for
gecrecy _ For example, most deliberative bodieg make a virtue of gecrecy , because
ic permice compromiee by allowing Individuale co make concebsions without losing
Eace ; 2145 The Supreme Court has obgerved: 0 Human experience teaches that thoge
bho expect public dIssemination of their remarks may well temper candor wich a
concern {or appearancee and for their Ow interests co che detrinent of the
decislonmaking proceee _ 6 n146 The Court knows whereoE ic gpeake a8 itb
decislonmaking procese in Conference remains entirely confidential nl47
"Footnoteb -
n143 _ Both the Plain reading of the gcatuce and an examination of the
legislative history make clear thac Congre8g expected the Board to protect
arly
they
only
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56 Ma_ L. Rev . 1, +21
cercain 8ecrece Erom digclogure . See 44 0.S.C. 2107 (6) (1994) (identifying the
grounds on which che Review Board may postpone release of assassination
materials) ; Sanders & Zaid, Supra note 62 _ at 419 (explaining the Board ' s
obligations when it decides to poetpone release Of a document)
nl44 _ See DuVal, Bupra note 14 , at 668-71 (identifying 10 justifications for
nondisclosure)
n145 _ See id. ac 621-22 (obberving that paintaining secrecy Of advice,
recommendations_ and opinions allows officials to "propose commenc , ana
criticize without concern that their commencg may geem fooligb or concrary to
popular sentiment and to compromige 0 wichout 1ogs O€ Eace" )
n146 _ Uniced States V . Nixon , 418 U,S . 683 , 705 (1974) (footnoce omitcea)
n147 . Secrecy in che High Court ib a practice, a matter of the Court 8
culture and cradicione _ noc Of law See Bob Woodwara & gcott Arnstrong, The
Brethren xi (1979) ("The Court bap developed certaln tradItlons and rules ,
largely unwritten, that are deeLgned to preserve the secrecy of Its'
deliberatione " ) The Jubtlce who tells what took place In conference 1g
Indiecreet ana 1e llkely to forfelt the respect of ocher Jugticeg , buc: he breaka
no law and neither do hie law clerkb See id_ Indeed, one Of the argumencg
raised in che wake of opening the paperb of Juetice Thurgood Marshall was chac
hig wriccen commencary: On hia colleagues may bave made ic more difflcult for
chem co deal with one another now knowing that tbe public- underbtood the reasons
tbat beld certain pogitiong _ See id_ at Xii (obbervlng that_ because
Justices are not elected buc are appoinced for life, are not dtsposed to
allow their decigionmaking co become public) The matter 1s posed dlfferently,
however, in Great Britain. The OEficial Secretb Acts make It unlawful for a
government employee co-mnake an unauchorized dibclosure of ofElcial Information
Or for anyone wbo has receivca the information ip violation of the Act to
communicate it anyone else _ OEficial Secrecg Act , 1911, 1 8 2 Geo . 5 ch . 28 ,
2
End Footnotes-
[*22]
The vircueg OE opennebb in government _ therefore , can be and ofcen are
overacaced, eapecially by a eelf-interested press and media Opennege doe0 mean
chac bad advice can be challenged, but the . consequence may be that good
decislons are never reached _ Open recorde" and 0 sunshine lawsa n148 may_only
drive people to legg eeaily documented forms of communication, such as- the
celephone _ n149 Although the Cosce and benefite of Becrecy and epenness in
government are not easily calculaced, we do know that loose lips still sink
shfpg , even in our Own chermonuclear age .
~Foocnocee -
nl48 . See Kreimer , gupra note 115.
n149. See Patricia M. Wala, The Preedom of Information Acc: A_ Shoxe Cage
scudy in che Perile and Paybacks of Legislating Democracic Valuee , 33 Emory LaJ.
649 _ 664 (1984 ) (obeerving chac "to aome degree Creative government ofEiciale
ana bureaucrace will alwaye be able to devise waye Eo abort POIA's. diacloaure
requirements")
they
tbey
to
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~End Footnotes-
In the case of che 'Kennedy abeaa8ination, how far are we willing co
councenance Becrecy when a fully illuminated rendition of the eventa burrouding
cha Presidenc 0 murder coula go a long way to rebtore trust in goverrmenc? At
what point do the costs Of concealing materlale become Bufficiently high co Our
government ' 9 credibility that are no longer worth paying? At what point do
tbe costg of disclogure become 80 great that Ge compromise our future securtey?
Perhaps nowhere are these Issuee more acutely felt by the JFK Board than in
those matters Involving intelligence operatlons _
Tbe assassination gparked a major intelllgence effort _ nlso In che day8
following tbe murder Of Preaident Kennedy ,
-Foocnote8-
n1so _ See Asgabeination Materials Disclogure Acc II, Bupra note 96 , at 93
(ecacemenc of Floya I Clarke , Deputy Director, FBI) (noting that , "inmedlately
following che abeab8ination, che PBI began a mageive and intense investigative
efforc") Epecetn;, Trilogy, swpra note 6 , 2c 29 (debcrIbing Congress " 6 formatlon
Of the Warren Commiebion less tban cwo weeka after the asbabbination ana che
Commieeion 8 interaction with the PBI '9 incelligence efforts)
~End Footnoteg-
The entire Intelllgence communicy worked to learn everything c coula about
Oswala and his murky , superficielly contradictory activitles. New intelligence
reporce Erom" Mexico suggescea a link between Oswald and the Cuban
governmenc , The Bupersecret National Securicy Agency ana allled eaveedropping
agenclee went Into overdrive to decipher in- [*23] tercepted convereacione _
cable Craffic_ radio, and telephone communications at che hlghest levele Of che
Soviec ana Cuban governments n151
-Footnocea-
0151_ Holland , swpra noce 18 , at 54
~End Footnotes -
The FBI literally asked all Of ice informants whether could shed light on
the murder _ In addition, chere were efforts to tap the FBI' 8 connection with
Organized crime to make cercain' chat iCB members _ angry ac che Preaident bis
brocher, had noc ordered the murder ana tbac Ruby' 0 Killing of Oswala wab noc a
classic mob hic _ n152 The resulting cables and ocher documentb laid bare most Of
the Cold War intelllgence capacicy of the Onited Staceg_ n153
~Footnotes -
n152 See Posner , supra noce 6 , at 463-64 .
they
City
they
and
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nl53 _ 8ee Holland, supra noce 18 , at 54 , 56 _
End Pootnotes -
Students_of the assassination would benefic from opening che ma88 of
information produced by the intelligence communfcy' 8 intense effort to get to
che boctom of che: President 8 murder . Yec protecting America ' s foreign and
domeetic incelligence-gachering Capabilitiee 10 eabential to our natlonal
defense n1sa Thue che incelligence agenciee regularly aebert that the
identities of agents and informants Must remain perpecually confidential; n155
that nothing should be revealed about che methodg and gourceb ubed to gather
intelllgence; nl56 tbat direct reports from, Uniced Scacea incelligence agencb
should not be dlsclosed; n157 and tbat Intelligence informacion provided by
other natlon6 co the Unlted states , and , Indeed , che very exietence of Buch
relacionehipe _ should not be aisclosed _
~Footnoteg-
0154 _ See Assageination Materials Disclosure Act III, gupra noce 96 at 381
(prepared scacemenc of FBI Director Nilliam Sessions) (stating chac among
250 000 pages requeeced by che Hoube Assagsinations Committee are a large number
of FBI documents that implicace national becurity interests")
n155 _ See Assassination Maceriala Disclosure Act I, supra note 96 , ac 7
(statement of CIA Direccor Roberc M_ Gateb) (asserting tbat "we have an
obligatlon to' protecc: che confidenliallty of our sourceb , regaralese OE che
amount of Eime that has' paaged")
n156 _ See Assaseination Maceriale Dieclogure Act III, supra noce 96 , at 363 ,
373-74 (statement of CIA Direccor Robert M. Gates) (stating asgumption "chat
chere Btill will be information chat cannoc be releabed to tbe public for a
variecy Of reabone including the expogure Of intelligence bources and
mechode") ; Agbabbinacion Materiale Disclogure Act II, Bupra note 96 , at 109
(scacemenc Of Admiral Willlam 0_ Studeman , Depucy Director, CIA) (echoing
Gacee 9 bcacement)
n157 _ See &upra note 154 _
-Bnd Footnoteg -
VIII Informants
Informants play a critical role in che world of intelligence operations_ boch
domestic and foreign_ For example, che FBI relied heavily on informants co
infiltrate the Ku Rlux Klan in che 19608 and [*24] 19709_ n158 Today. ehe
FBI recrults Inforwante co help chwart narcotics trafficking ana internacional
Cerrorigm_ n1s9 The internal Becurity and general welfare OE the Onicea Stateb
depends heavily on the role Of informanca_ 2160
-Foocnoces-
nis8 _ See Clifford S: Zimmerman, Toward a New Viaion of Informantb ; A History
of Abugee ana Suggeecons for Reform, 22 Hastings Congt _ L.Q. 82 , 91-92 (1994)
(descrIbing che FBI ' 8 mibhandl of KKK informants) ing
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n159 _ See R. Jeffrey Smith, Criticg "Wrong, CIA Chief Saye _ Waeh _ Pobt ,
Sept _ 6 , 1996 , at A21, available in 1996 WL 12392255 (noting CIA Director John
MS Deutch' 8 abbertion that Critice who allege that the CIA bas done a poor job
recruiting informante knowledgeable about terrorist activities are wrong)
n160 _ See Ross Parker, Confidential Informants and the Truth Finding
Punction, 4 Cooley L. Rev . 565 , 596 (1987) (citing an inforial examinacion. 6f
federal investigations in the Bastern District of Michigan finding chat about
508 of drug cases and 408 of public corruption cases involved che use of
Lnformants) Timothy As Raezer, Needed Weapons in the Army' & Nar on Druge :
Blectronic Surveillance and Informante , 116 Mil_ Ia Rev. 1 39-64 (1907)
(extolling the benefits of informants to drug law enforcemenc) ; Zimmerman, Bupra
note 158 at 178 (observing that law enforcement #hag long reaped extolled
the benefits of informants" )
~Bnd Footnotes-
Whac ducy doee che government' Owe to Perbons who agree to serve as
Informancs? There are many reabone why pereons serve as Informants Money ,
revenge _ ana che gheer chrill explain bOme Of this: behavior_ yet, above all
else , Informanc8 expecc chac they w4ll be clothed in confidencialicy in return
for cheir informacion . An informant who 16 identifled 1mmediately logee value
Al1 Informantg in the gervice Of che varioub domestic and Interatlonal
Intelligence operations are recruiced wich an underetanding that will be
granted confidentiality that will never be "given-up" in the Ilngo of Ehe
Intelligence community_ n161 Tbe very nacure Of what' they are asked to do
cowmlt treabon On cheir home governmenc _ report On tbe activities of groups 1fke
tbe American Communist Party, Or ghed lighc on the activities of organized crime
and terroriet groups exposes them to cremendoug danger; {f are revealed ,
chey and their families may suffer gerioue pereonal injury, or even death_
-Footnotes-
nl61 See Asgassinacion Maceriale. DLeclosure Act III supra noce 96 , at 53
(statement of CIA Director Roberc M_ Gacee) (obeerving Ehat the CIA filee
"contain the names of' indlviduale who provided 4s information On a promiee Of
confidentialicy")
-End Footnotes -
The Kennedy asgassination documence concain thoubande . of names Of informance
draw from every walk of llfe_ The FBI hae caken the posltion that these names
Musc be protected indefinitely and that any digclogure will Lmpair the Bureau ' 6
abilicy co recruit new inforwantg. Yet all informante are not created equal _
Some have greater value than others_ both for che 9tory 'of the Kennedy
abbab6ination and for providing inforuation abouc organized crime and other
activitiee_ Moreover, the issue is not .simply One 0f the quality of the
informaeion [*25] chat 18 provided. As Bxhibit One aemonstraces , the vabt
majoricy of document8 involvfng inforants has been- openea in part ; infrequently
only che nameg 08 che informancb and other key identifying language ha8 been
redaccaa _ nz62 Thaee redactione breed a sense of expectation among: regearchere _
becauee in the climace Of conspiracy that surrounds the Kennedy agga80inacion,
any macerial chac i8 covered up 1s presumed to be an important mi8sing ]ink in
che chain Of explanacion about che murder _
and
chey
they
they
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~Footnotes-
ni62 _ See Exhibit One infra P_ 39 .
-Bnd Footnotes -
Exhibit One 18 perhaps repregencacive Of the isbue8 raised about the Review
Board ' 6 alaclobure Of Infoxmanca The Exhibit contains a meseage. sent by the PBI
Special Agent in Charge (SAC) in Houbton to the SAC in Dallas and to FBI
Direccor J, Edgar Hoover on November 26 _ 1963 _ four days after the murder OE
President Kennedy _ n163 Thig document wab Originally revLewed by che FBI; and
degignaced for releage under the terms of the JPR Act with certain macerlale
redacted, Thoge redactions appear in Exhibit One and indicace whac material the
FBI wantea to' keep from the publlc. n16a
-Pootnotes -
n163_ See id_
n164. See Id_
End Foocnote8-
As Exhibit Two reveals_ che Boara decided that much of the: redacced materlal
coula be released , most nocably Che name of Mary Ann McCall a hobcebe ac a
Dallas night- n165 By the time che informant had interviewea McCall, Jack
Ruby had already xilled 'Oswald. The Boara decided tbat the bietorical recora wab
wel1 served by opening McCall'6 nade egpecially given her purported
relatlonehip wich che Dallae police and organized crime The Board , however _
also accepcea che FBI-' 0 argument that tbe name of cbe pereon' who provided .the
Informatlon abouc McCall Bhould be proteatea_ Congequently , a document that had
@any redactions when ic wab bent from the PBI to the Board vent into the publlc
record with One name redacted . The Board wag gaciefied tbat revealing the
informant 9 name would harm che informant thug oucweighing the value of
immediate disclosure _ The Board ubed Bubstitute language co make clear co
atudents of the assassinacion chac the redacted portLon wab the name Of a
"conf_denclal Informant" m ana ordered that the name be releaged in the Year 2010
n166
~Footnotee-
ni65 . See Bxhibit Two infra p. 41 _
0166 . See id_
~End Footnotes-
Shoula ic maccer to the Board that many Of tbebe informants when
intervLewed after che abbab8ination, did not provide pobitive Information abouc
Oswald or Ruby? There are countleeg examplee of [*26] individuals who, when
contacted by incell gence Berviceb _ indicated that they knew nothing about the
asba881naclon _ The Board hab taken the position chac intelligence services must
demonacrace chac harm would come to the individual if her name were released_
AgencLes Mubc be able to identify the individual _ indicate that she 1s still
alive , and eatabligh chat bome har 0ill befall her n167 The chreehold ibsue _
Bpot _
only
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56 Md _ L. Rev . 1, *26
therefore , is whether an agency chac seeka to protect an individual _ regardless
of the quality 0 the information provided, can gubatantiate che claim that harm
will come to thac perbon a8 a rebult of revealing ber name When an agency has
failed to do 80, the Boara haa releabed the nane n168 The record of events
Burrounding the aaga08inacion will never be complete until we know what blind
alleys are noc worch pureuing. As any investigacor knowb eliminating blin
alleys ie ericical_ becauee the elimination providee additional certainty abouc
who knew noching, a fact that can be helpful in discerning who knew someching_
In this concexc , knowing that an informant knew nothing, at least by ner
statement , 1s valuable icbelf_ given the complexicy Of che .conspiracy theorieg
surrounding the esee86ination _
~Footnotes-
n167 _ See 44 0.S.C. 2107 (6) (2) (1994) (permitting pogtponement of public
dieclobures when there 1s clear and convincing evidence chat tbe "name or'
identity of a llving person who provided confidential information to the Ontced
scates woula pose a subacancial risk Of barm to that person" ) $ see also
gupra noteb 102-106 and accompanying text _
n168 . The McCall document cited above , and found at Exhibice One and Two_
infra PP _ 39-42 _ 18 an example Of, the Board' 8 release OE an individual 5 name
after determining that no harm was likely co COme to the individual and that
public interesc in che dleclosure woula be hlgh. See supra noceb 165-166 and
accompanying cexc
~End Pootnote8 -
Spying is a feature ot modern foreign affaire _ and there can be no doubt'
chac , 26 with Inforwants , we Owe bome proteccion to those Individuale employed
in che clandestine service Of che CIA: n169 Ondergcanding how our clandebtine
services operate and what information aia or did not provlde i0 cricical to
che agsagginacion story- For example tbe CIA sought co protect a considerable
amount of Informacion involving che ube of double agence to infiltrate the
Soviet Embassy in Mexico As Bxhibie Thbree makeb clear, the Agency
originally wanted co procect broad geccione of a message benc On November 29
1963 _ one week afcer che murder of the' Prebident n170 The CIA believed thac
releasing the information woula' compromiee the [*27} double agencs ana
reveal the scope Of che Agency' s efforca againet the former Soviet governmenc _
Yet, io terms Of che Bcory of the aggaa9ination, knowing the quality of the
effort directed againsc che Soviets in Mexico was considered crucial Ae
Exhibe Four reveals , only weekb before Lee Harvey Oswala was arrebced for
Killing President Kennedy , Oswala had .vIsited che Soviet 'Babassy in Mexico
Beeking a visa that would allow hit to return co che Soviet Union by way of
Cuba _ n17l The Board openea Mobc Of the Informacion thac the Agency previoubly
wanced to postpone_ and where the Board determined that disclosure woula be
harmful_ it reliea On eubetitute language , which ib handwritten Jp Exhibit
Three _ n172
-Footnotes -
2169 _ The JFK Acc acknowledges the obligacion of protecting che identity Of
incelligence officers _ See 44 0,8,.C. 2107 (6) (1) (A) (allowing poetponement of the
releabe of JFK documenc6 s2 Involve public dibclobure of "an Incelligence
agent` whose identicy Currently requires protection")
{ see aleo bupra note 102
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56 Md _ L. Rev , 1, *27
and accompanying text
n170 _ See Exhibic Three infra P. 43 _ The CIA originally sought co poscpone
the information that is in the. brackets _ See id. In some cageg , information was
postponed , but substitute language, as provided by the statute, wag ingerced in
ics place _ See id_
n171_ See Exhibit Pour infra P. 45 .
n172 _ See Exhibit Three infra P 43 _
-Bnd Pootnotes -
The CIA aleo worriee about the status of iES former employeee and expecte
chac theee employeee will not reveal the nature of their activiciee without
Eiret Beeking the Agency' 8 permission _ n173 If an individual recires Erom.the
CIA undercover , doee it follow that historical researchere mugc Eoreve be
denled accebs Co chac person 8 true name , especially wben ghe i0 alive and able
co angwer quebcione? Doee an agent in tbe clandestine service Of che coutry
nave a righc Eo be free froa the prying questiong of reaearcherb and reporters?
Doee ic make any difference, 3s in the case OE inforants . that an agent
provided only negative Information? Should we worry about whether an agent 18
alive or dead? Or doee Ic follow tbat signtficant harm might 'come Co che agent ' s
family and friende chrough tbe revelatton of her name? Are we willing, in the
interest Of providing che fullebt and richest bistorical record Of the
asgas81nation , to subjecc spougee , children, and parents to pocential haraesment
Or worse?
Footnoteb -
n173 _ See Melvin L. Wulf_ Incroduction to Marchetti 8 MarkB _ Bupra note 72 _
In 1972 , the CIA succeesfully @ued Eormer agent , Victor Marchecci, co reguire
that his manugcript be submiccad co ehe CIA for review prior co publication_ See
id_ ac xix.
~Bnd Footnoteg-
Welghing the pocencial har to such persons againec the public's right co
know is challenging _ We Bhould recall that in 1975, Richara Welch, the CIA
gcation chief in. Athene _ Greece_ wab murdered bY unidentified gunmen as he
returned to his home Erom a party ac the ambaggador' 9 reeidence n174 Former CIA
Director William Colby accributed the death to a magazine account that had naned
Welch only a ("28] monch before _ 0l75 For thoge agente_ who are still alive
but in retlrement , shoula we cake their word that they are ac grave risk? Does a
lifetime of intrigue have as ice cobt a retirement filled wich uncertainty?
~Footnotes -
ni74 _ See Rhodri JefEreys-Jones , The CIA and American Democracy 211-12 (1989)
(observing chac "pro-CIA partisang blamed Welch' 8 death On Agency critice who
had irrespongibly releabed too mucb information") : Jeremiah 0' Leary, Cover
Blown , CIA Agonc in Achens Killed, Wash _ Scar, Dec , 24 _ 1975 at Al (noting chat
a Unlced Scacee publication 9 naming Of Welch as che CIA station chlef who wab
Blain in Athene will fuel controversy about tragic conbequences of public
disclosure Of CIA personnel)
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PAGE 33
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n175 _ See 0' Leary, Bupra note 174 , at A1 _
~End Footnotes-
The value of contidencial FBI and CIA bources to the Warren Commiasion ' 8
work ib underscored by the documencb released thus far by the Board_ For
example_ Bxhibit Four ib a letter dated June 17 , 1964 from FBI Director J, Bdgar
Hoover co J_ Lee Rankin, then General Counsel to the Warren Commiegion . n176 The
leccer decails whac che PBI knew about Pidel Castro'8 assegament of che
assab6inacion _ nl77 Originally claebified as Secret. 01 this documenc
indicatea thac che Uniced scateb had a bource sufficiently cloge to Cabcro to
gauge the Cuban leader 8 evaluation of Oswald and the circunstancee gurrounding
nig vigic co' che Cuban: embabey in Mexico n178 The FBI wighed co redact
much of chis macerial The FBI wab concerned that Castro' 5 tebce were at
variance wich the FBI 8 cebt rebultb _ The Board decidea thac che information
concained In the leccer wab critical to the assassination atory; n179 therefore ,
the entire document was made available to tbe American public, illuminating-the
thinklng of Castro and che credIbilfcy Of the American Intelligence community to
abbeb8 tbe Cuban leader.
-Footnotes-
nl76 . See Exhibic Four infra P. 45 _
n177 _ See Jd_
0178 _ See id.
n179 _ Partb of the document bad been declassified in 1976 , buc the FBI wanted
to concinue co' poetpone release Of the porcions in brackets _ See id_
-End Foocnoceb -
In matcerg 0f inforuants and agents_ che JFK btatute direccs che .agencies to
provide the Board wich "clear and convincing evidence tbat disclogure will
result in harm, eicher co an iodividual Or co current operations_ n180 If the
FBI , for example_ is unable co ffnd a former Informant and tbus does not know
whether she is alive Or dead, what i8 tbe Board 9 ducy? The Board faces the
dIlemma 0f either erring an che bide of protecting the individual 3 identity,
even though there is no evidence chac the ' person 16 alIve and living. under a
current threat , or enriching che hiecorical record' by revealing the individual ' 6
identity while running the risk of caubing 'unnecessary harm_
~Footnoteb -
n180 . 44 0.S.C: 2107 (6) (1994)
~End Foocnoceg-
There is also the relaced_queetion of bow to creac tbe names Of persone
described in ehe reporc8 Of inforuants a9 being engaged in_ sOme illicit conducc
when there {8 no proos Ocher chan the informanc ' 9 word , to bupport the
accusation _ Is thac individual owed a right (*29] co Know that be Or she was
so identified, or 1s iE che Boaxd' 8 to redact tbe pergon" 8 name? Nould
disclosing false information be more damaging than retaining ic in' government
"Top
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PAGB 34
56 Ma_ L. Rev . 1 *29
records where government officials have access to such information?
These questions indicate the range of isbueb associated with deciding
whether Lo pogtpone releabing the namee Of informants and agents Where does the
requirement for a full hibtorical record of the Kennedy agsasgination yield Co
the prudential uses of secrecy to preserve the nation' g ability to gacher
intelligence?
IX, Sourceb and Methods
The JFX Acc requiree che Board co balance the need to protect sources and
mechods Of Intelligence colleccion vich che public neea for disclogure Of
Information relating co che aeea80ination. n18 The inappropriate release Of
aocumence , eicher in part or in full, dealing with our IntellLgence agencie8'
Bourcee and methode could afford hostile nations_ organized crime , terrorlbts;
and drug dealerb an uderetanding Of our intelligence capabilities_ If another
nacion or a cerrorisc group knowe how we are able co exercige Burvemllance over
them, chey are likely Co' adopt appropriate countermeaguree Tbey aleo; might Beek,
to provide Selectively misleading informacion, knowing that we are liecening and
how we are listening- Many of the documente already: avallable Jn che JFK
Collection at the National Archiveg indicace that the United states bugged,.
capped, . photographed , and otherwige conducced Burveillance of persons ana
places _ Tbe queetion arises whether we shoula alao reveal the precise kind of
equipment that was used, how it wag employed, and against whom it wa0 targeced .
Knowledge about equipent and technique woula be important In evaluecing che
capabllity of the Intelligence communicy, not to ply its craft, buc co
organtze a conepiracy on Its Ow _ Again, che quebtion arises whetber dlscloblng
a source mechod . Or technique should curn on" whether poBItive or negative
information becomeg_ available_
-Footnotes
nz81 See 44 O.S.C. 2107 (7) (auchorizing postponement Of the releabe of
recordg if che threat of disclosure 0 16 Of 8uch gravity that it oucweighs the
public incerebt") Bee also supra note 102 and accompanylng text _
~Ena poocnoteb -
Exhibic Five provideb a indicacion of che kinds of issues involved io
dealing wich bourceb and methods . n182 Thie document i3 a cable sent from che
Director OE che CIA on November 23 _ 1963 , hours aEter the murder OE the
Pregident _ seeking information about a burveillance Operation conducted in
Mexico City. n183 The meseage (*30] sought informacion about what che CIA
operativeg in Mexico Cicy knew about che exigcence of tapeb and transcripts
involving survei lance of the Soviet Embagey chexe n184 The CIA originally
requested the poscponemenc Of much Of the information in chie document ; however,
che Boaxd decided chac Ice centrality to underotanding the a8babbination story
required icb releabe, wich the redaction being Che name of_ tbe
authenticacing off1ce_ whose pbeudonym wag uged in ice place nl85 Because it
to clartfy che issue Of whecher the CIA taped Oswala' 8 convereat lonb 1n
the Embaesy _ this document is one Of che Mobt Blgnlflcant releaged by che Board
co dace_ Thib document also suggescs the CIA' 9 awarenebb of and interest in
Obwald before he purporcedly shot che Prebident _
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~Footnotes-
n182 . See Exhibit Five infra p: 47 .
0183 _ Id_
nl84 . Id_
n185 . See id_ The material enclosed in brackece in Exhibic Five wab
originally withheld by the CIA_ See id_
~End Footnoteg:
There is albo the question of wbether the Board ' @hould reveal the Ldentities
Of choge who banalea Information relating to cbe invegcigation Of the
abba86inacion _ America 6 tntelligence machine 1s a huge bureaucracy that
proceeeee information In Btaggering quantitieg_ 2106 How and by wbom information'
relacing Co che a8bab8ination was organized , proceesea; and dibtribiited is
cencral co evaluacing the CIA S role in che aggagginaclon _ For example, Bxhibit
SIx percains co che continuing debate abouc whecher che Agency photographed
Oswala encering che Soviec " Embassy and whether 0 record of what be bad to say
chere was ever benc co CIA headquarters _ n187 Arguably, unraveling the chain Of
custody O1 chac macerial 1b critical Yet , to do g0 would require identifying
che pereons who handlea ic= In thib instance , the Boara decided that, on grounds
Of personal privacy and potential harm, it woula noc diaclobe the name OE one
CIA officlal involvea wich che Mexico operation , alchough the names Of
other offlclals were releaeea In cooperation with the CIA
~Foocnotes -
n186 _ See Abbabbination Materlale Diecloeure Act III Swpra noce 96 , ac 397
(phocograph depicting voluminous JFX agaggination {lles) Wala; gupra noce 128
(describing che. Department of Bnergy' & accumulation of informatlon)
n187 _ See Exhibit Six infra P. 48 .
Bnd Pootnotes -
X. Foreign Liaison
The American government conducce itb intelligence operacione in collaboration
with ebe Services. of other natione 2188 For example, cbe mobt gecret agreement
Ever entered Into by the Englieh-epeaking world is the: pacc by which the Unlted
Stateb_ Great Britain, Canada , [*31] Australia, and New zealand carved the
Yorld Into Bpheres of cryptologic influence_ assignLng each nacion targets and
agreeing to Btandardize terminology , code worde _ and ocher. operacione
procedures . n189' Revelations of these and Other relationships could prove
extremely embarraeeing to the cooperating governmenta_ ebpecially when ,thoge
governmence profeba" co be neutral or have publicly Btated that bave no
conneccion wieh che CIA However, a full underecanding of the intelligence baee
upon which che Warren CommLsslon and tbe incelligence community as a whole
e68eeeed che Kennedy abba8sination` dependg on a thorough accounit of such
connecciona _ Moreover perbaps nowhere elge i9 negative information more
important than when the intelligence bervice of another country hae- accebb to
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56 Md_ L. Rev _ 1, *31
unique sources There is_ as well, the related queecion of how Much informatton
wab Xnown at the Of the cooperating governments and the extent to which 8uch
knowledge would enhance our underecanding of the assassinatlon a9 being che work
Of" fOreign conepiracore _ If we compromise any Of thoge relationghips and
conbequencly caube political damage to the cooperating government , we may fin a
valuable fucure source of incelllgence closed. n190
"Foocnotee -
n188 _ See Staffora T. Thomas , The 0.S_ Incelligence Community 09-94 (1983)
n189_ See Jameb Banford, The Puzzle Palace : A Report On America s Most Secrec
Agency 309 , 315-17 (1982)
n190 _ Congre8s acknowledged thls concern in che JFK Act by allowing
pobtponement of the release Of documentg, which clear and convinclng evidence
escabliehee will "compromise the exigtence Of an understanding of
confidencialicy currently requiring protection becween a Government agent an8 8
foreign governmene_ 44 0.8.Ca 2107 (6) (4) (1994)
~End Footnotes -
Exhibit Seven poses some Of chege liaieon Lssues . n191 The FBI provided the
Board with this heavily redacced document ; arguing thac releabe Of the body of
Material in the message Erom the EBI ffela office in Pari8 :o the Director of
the FBI in Washington On Occober 12 _ 1960 (chree years before the
asgasgination) woula damage_ che abflity of the Onlced stateb to work with the
intelligence and police operacione O1 a foreigu natlon_ The cable, however _
scruck che Board a8 being partlcularly important _ in that it ghowed ebat thrae
years before_ ~
che. murder Of the Presidenc che PBI wab engagea In surveiLZance of
Oswald' s activitiee_ n1s2 The Board_ wag also concerned that concealing s0 large
an amount of material would only heighcen speculation " about the document 0
signfficance -
~Footnotes
n191 See Bxhibit Seven . infra P. 52 _
n192 . See id_
~End Foocnoce8-
(+32)
As Exhlbic Eighc demonstrates, che Concencb oE the cable were ' far more
slnister when redacted than when were diaclobed in full_ n193 To galn thie
releage . che Board Bought the cooperation of the Swiss ambagsador co che United
Staces _ who consented to the releaae with the proviso that che namee of
specific Swigs ozficiale not be divulged_ Ag a rebulc of the cable's releabe, we
know that tbe PBI haa knowledge of and interegt in Oewald' 8 activitles uell
before the assassination_ Co che extent Of relying On officials of the Swiae
Federal Police to learn abouc hib posbIble attendance at Albert Schweitzer
College n194
~Foocnocee-
tor
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56 Md _ La Rev _ 1 , *32
nl93 _ See Exhibit Eight infra p. 53 (obgerving chac Obwald announced his
plans to attend Swies college, but that he never arrived to attend clageeg)
nl94 _ See id. (documenting PBI s requeec co Swibe police for information
about Oswald)
~End Foocnocee-
XI _ Of Times and Theories
How to addrebe the host of issues raiged by these intelligence maceriale depends
on anewerb to two overriding' quescions The first 18 whether tbe paseage of time
renders open chat which currently: requiree pobtponement _ The becond L8 whecher,
by adopting a particular theory about wbat' happened Io Dallas the Boara 80
fundamentally Bhapee itb ae6umptions about the' @ignificance of documente cbae it
may accually fail to open the most critical oE them_
More chan a chird of a century hag pasbed BEnce che: murder Of Pre8ident
Kennedy . when abkea whether the sourceb , methode _ and techniques u8ed chen are
no longer vorchy of protectlon today, che intelligence' and lav enforcemenc
agencies appropriacely anewer no _ 0l95 argue thet disclosure ac any iIme
will reduce their capabiliciee and_ hence our nacional becurity. n196 In che
world 6f intelligence operacLone_ all Becrets mugt Iive' forever lest we be
unable co Eind new secrets in che future _
'Footnoteb-
n195 . See Bupra noteb 154-157 and accompanying texc _
n196 . See-Supra_notes-154-157 and accompanying text.
~End Footnocee -
The paeeage of time_ however_ ba8 . made a difference , in sOme inecances
dramatically 90 There Is today no Soviet Onlon to which Lee Harvey. Oswala could
return _ If he returned to Minsk, ne woula fina It 2 Capital of an independent
nation, racher than a satellite of ehe Comunigt Empire . The Warsan Pact bab
dissolved; the capitals of Eascern Furope nOw sporc crendy shops and capicallet
enterprigeg; Cuba Burvives by imporcing tourists from everywhere but the' Uniced
Scateb, ana China has emerged ag a major Amerlcan markec . Not 19 che Cola
War dead, buc so Coo are many Of the principal figureg In cbe aseassination
President Johngon, Robert F_ Kennedy , Jobn' Connally, and ' Jacqueline Kennedy _ The
0-2 is regularly fea - [*33] tured on television documencariee; photographe
Erom tbe once super-8ecret Keyhole surveillance bacellicee Of che 1960s and
early 19708 Erom che pageb of the current iesues of Scientiflc American _
n197 There is no doubc chac the CIA, FBI, and military Intelligence Berviceg
Bnooped on 4b ana ocher nations, friena and foe n190 The CIA In particular
argueb that current Incelligence activitiee mugt remain plaugibly deniable and
that the Board ' & role Bhould be to postpone che disclosure of acefone taken a
third-of-a-century ago Chac conceivably could compromise current operations _
Yet, WB might reasonably abk ourbelveg a8 che Board has_ wbether_ chree decades
later, WB would comprom:ee our becurity Intereace around the world by indicating,
chac a CIA station once exisced in Moscow
~Footnotes-
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n197 _ See Dino As Brugioni, The Art and Science of Photo Reconnalssance , Sci_
Am . Mar _ 1996 _ at 78 _ Few secrets were accorded more respect than the
techniques asgociated with photo reconnaissance by spY planes and satellites
See id= (discubsing 800 , 000 reconnalbeance photographs taken by the CIA Erom
1960-72 and kept Becret) There' 18 now however, growing inforwation about che
capabilitiee Of che Uniced Scacee during the Cold: Nar See i. ; bee albo Stuart
F _ Brown, America ' 8 First Byee in Space Popular Sci _ Feb_ 1, 1996 _ at 42 ,
available in 1996 WL 9275085 (deacribing tbe' government '8 declabbification:of
000 , 000 photographs) 8
Philip Chien, High Spies=
8 0.S , Reconnaissance Satellices ,
Popular Mechanicb _ Feb 1996 _ at 47, available In LBXIS , News Llbrary, Mag File
(explaining chat one of the orlgInal reconnalssance satellites of the 19609 will
be dieplayed at the Smitheonian 8 Alr and Space Museum)
n198 _ See generally Michal R. Belknap= Cola Wax Polltical Jubtice (1977)
(degcribing the Department Of Jugtice' 9' naclonwide campaign to bring dow tbe
Communist party Of the United Staces) } Nelson Blackgcock, Coincelpro: The FBI' 5
}
Secret War On Political Freedom (1976); (degcribing che FBI 9 counterintelligence
operations and violations of constitutional righcg) Nard Churchili & Jim Vander
Wall; The Cointelpro Papers x (1990) (describing FBI documents that "expoge the
Becret Bybtematic_ ana sometimes gavage uge Eorce ana fraud, by all levels
of governmenc to Babotage progressive political accivicy") Frank J_ Donner , The
Age Of Surveillance (1980) (describing 0.S_ domegtic Incelligence operations)
Brfan Freemancle, CIA (1983) (attributing CIA excesgeg co_ lack of direction or
miadlreccion from che Execucive Branch and pregidency) JefEreyg-Jonee , gupra
note 174 (degcrIbing how &llegacions Of the CIA ' g Eailed operations in Bogoca_
Colunbla led to an expangion OE incelligence operations) Mark Reibl Reage :
The Becret War Between the PBI ana CIA (1994) (diecubbing the CIA ' s efforts to
abba081nate Fidel Castro) Davia Wige _ The American Police State: The Governmenc
AgaInet the People (1976) (describing U.S. domestic intelligence' operatIons)
-Bnd Pootnotes-
If cbe paseage Of cime makee no difference , then che American people woula
never bave a righc co 411 Of' the information uged or denied by the Narren
Conmlssion . The Paseage 0f cime neutere becrecy , and evencually; like Douglas
MacArthur 5 old' soldiers , becrecb juec fade ' away- If there are any gecretb that
a demoaratic government hag a right to keep permanently from Its people, Burely
the mutder of Ehe President would Doc be One Buch Gecret
Then theze is che problem of Whac 'cheory the Board Bhould adopt to 'explain
eventb Jn Dallas_ Gerald Pogner _ for example, has pub- [*34] lished 8 widely
read book on the assassination encieled Caee Closed nl99 It concludes chat bee
Karvey Oswala murdered Preg:denc Kennedy _ that he dia 30 acting alone_ and chac
chere i9 nO evidence of 2 iarger congpiracy, foreign Or domestic. n2o0 That
notion of the asgassinacion Ls councerea by a hoet of critics that insisc on
Jusc che oppoaice. n201
~Footnotes-
n19g _ Posner , supra noce 6 _
n200 _ See id_ at 472 .
Or
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56 Md _ LS Rev . 1, *34
n201 See , e.9. Harrison E Livingscone , Killing Kennedy 202-334 (1995)
(arguing that Poener' 0 book- tricked the public with falge gcholarship) G-
Roberc Blakey, Murdered by_ Che Mob? : 30 Yearb After the Kennedy Assagsination,
Thie Cabe Ien '€ Clobed, Waeh _ Post . Nov _ 7 , 1993 _ at C1, available in LBXIS ,
News Library , Wpost File (arguing that credible scientific ana other evidence
pointe co a conepiracy) Jeffrey A= Frank , Wbo Shot JPK? Thc 30-Year Myscery
Waah _ Pobc , Occ _ 21 , 1993 , Book World at Xa , available in LEXIS , Newe Library,
Wpost File (arguing that Poaner "rarely Bcraye from pathe staked out: by the
Warren Commission" and that_ the abook ultimacely becomea an all-too-transparent
brlef for the probecution") , Jonathan Kwitny , Bad Newe : Your Motber Killed JFK,
U.Ag Tlmeb , Nov , 7 , 1993 at 1, available In LBXIS Newe. Library, Lat File
(contending that Posner "presents the evidence chat bupporte the case he is
crying to buila")
Pooner related that other reactions to bie book included an accusation that
ne wab a CIA agent _ a computer network a9king ice memberb to dlscredit his book,
ana demonseratoxb in.front Of hls hotel_ See GeofErey C_ Ward, The Most Durable
Assaesinacion Theory: Oewald Did It Alone , N-Y_ Time8, Nov , 21, 1993 , 7 , at 15,
available in LEXIS , News Iibrary, Nyt File (describing tbe reactiode Posner
received Erom his book)
~Ena Foocnoceb-
The general assumptions the Boara bolde abouc wbat happened inform how Jc
asbebbeb che value of a particular documenc Lo the public. IE the Board absumeb
chac Obwala murdered the President , and coneequently looks for informaclon
chac speake to hie role, it 1s likely, on national securlty grounde, co Poetpone
cercain kinde of information _ If the Board abbuie8' that the murder wab a
conspiracy , chen much 6f. what seems Lrrelevanc to the Obwald explanation may
actually bave great: currency . n202 The intelllgence agenciee rely on the
[*35] [*36] theory thac Oewala did it and tbat he aid ic alone n203 To
gupport Buch a position_ turn, ironically, to the fIndinge of the- Warren
Commfeaion , n204 a body that in gome ways they attempted to deceive _ Perhaps
chere 18 no better evidence of che CIA' 8 atticude than Its efforc to 'away public
opinfon abroad in the wake of the releaee of the Warren Comnlssion Report 0205
As Exhibic Nine makes clear _ the CIA u8ed itb substantial rebourceb co just tbat
end . n206
~Foocnocea-
0202 _ The Board adopted a broad definition of an "agga881nation record" with
juec Buch iesue3 in mind_ See 36 C.F.R. Pt . 1400 (1995) The pertinent Bections
dealing with the gcope for incerprecing the JFK statute read 88 followb ;
1400.1 Scope of aggaaginacion record
(a) An ab8abbination recora includeb _ but ib not limited to, all recordb ,
public and private, regardless Of bow labeled Or identified, chac document
describe , reporc on _ analyze or interprec activitie8 Persons , or evence
reasonably relaced co the asbassination OI Preeident John F_ Kennedy ana
invescigacione Of or inquiries into the aggag0ination.
only
only
they
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56 Md _ L. Rev_ 1, *36
(b) An assassination record further includee _ wichouc limitacion:
(1) All records as defined in Section 3 (2) Of the JFK Act ;
(2) A11 records collected by or Begregated by all Federal, acate, and local
government agencies in conjunction with any invebtigation or analy8ie Of Or
Inquiry into the asbabbination of Prebident Kennedy (for example_ any
Latra-agency Jnvestigation or analysib Of Or inguiry into the aebabbination; any
inceragency communication regarding the abgass1nation; any requeet by' the Koube
Select Committee on Abbaebinationb to collect documentb and Other @ateriale; or
any Lnter- or intra-agency collection or aegregation- Of documents and other
materials)
(3) Ocher recorde or gxoupg Of recorde ligced io che Notice OE Ageabsinacion
Recora Degignacion, ag degcribed in 1400 . 8 of chie chapcer.
1400-2 Scope Of additlonal records and Informatlon _
The cerm addicional records and informacion includes :
(a) A1J documents used bY government Offices and agencles durlng their
declassiflcation review Of assassination records a5 well as all other documence ,
indices and other material (including but not limited to tbose that. discloge
crxptonyu8 _ code nameb_ or other identifiere that appear in abbaseination
recorde) chac the Asbabbination Records Review Boara (Review Boara) has a
reabonable baeie co believe May conbticute an abbabbination record OI would
ab8i0c in che idencificacion, evaluation Or interpretation of an asgassination
recora. The Review Boara will idencify in writing thobe records and other
maceriale ic incendg co eek under chie Bection_
(b) All training manual9, ingcruccional macerialb, and guidelines. created or
used by the agenaies in furtherance Of cheir review Qf aagag8ination recorab _
(c) A1l recorde_ lieta and documents describing the procedure by which the
agenciee Idencified or 8elecced abbabbination records for review.
(a) Organizational charcb of government agencies _
(e) Records neceagary ana bufficienc co debcribe the agency' 8 :
(1) Records policies ana schedulee;
(2) Filing syetens and organization;
(3) Storage facilities ana locations ;
(4) Indexing symbols, marks codes,. inseruccions guidelinee , methode , and
procedureb ;
(5) Search mechode and proceduree ubed in the perforuance of the agencies"
duties under the JFK Act ; and
(6) Reclabeification to a higher level_ trangfer, degtruction, or other
informacion (e.g._ thefc) regardfng che btatub of abbab8ination recorde
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(f) Any other recora chat doeb not fall within che gcope of assabsination
record ab described in 1400.1, but which hae the potentiel Eo enhance enrich ,
and broaden che historical record Of che abba3bination _
1400.3 Sourceb of abbabsination recorde and additional recordg and
information
Asbabsination records and additional records and information may be locaced
at Or under the control of , wichout limltation:
(a) Agencies , officee _ and entitiee of the execuc_ legislative and
judicial branches of the Federal Government
(b) Agencies, officeg_ and entities Of che executive, legislative_ and
Judicial branches of statc and local governmencs,
(c) Record repoeicorieb and archivee 0f. Federal, state, and local
governments including preeidential libraries;
(a) Record repositorlee and archives Of univereitles, llbrarie8 , bistorical
gocieties, and other Gimilar organizations;
(e) Individuals who poebese such recorde by virtue OE gervice. with a
government agency , office , or entity;
(f) Pergong including individualb and corporacione who have Obcained such
records from sourceb identified in paragraphs (a) chrough (e) of this Beecion;
(g) Persons _ Including individuals and corporatione , who have themgelveg
creaced Or have obtained guch records from bources other chan_those LdentiEied
in paragraphs (a) through (e) of thi9 gection;
(h) Federal _ state, and' local court8 where such recorde are being held under
geal, or
(i) Foreign governments _
1400.4 Types Of materials included in scope Of ab8asbinatlon recora and
additional recorde and information .
The term record in aseabbination record and additlonal records and
information includes , for purposes of incerpreting and Implementing the JEK Acc :
(a) Papers , mape, and other documencary materlal;
(b) photographg ;
(c) mOCion pictures,
(a) sound and vIdeo recordinge;
(e) machine readable inforwation in any form; and
(E) artifacte .
ing,
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n203 , See Bxhibic: Nine infra P. 54 (contending that "Ogwala would not have
been any senbible pereon 0 choice for a 'co-conspirator")
n204 - See id_ (adviging that in discussing assassination with "politiciane
and editore , CIA pereonnel point out that the Warren Commission "made ab
thorough an inveetigation a9 humanly poggible#)
n205 . See id_
n206 . See id. (notlng tbat the American public'8 belief chac Oawala dia not
act alone "is a matter of concern to che U.s. Governmenc, including [the CIA] ")
~End Foocnoces-
There ib considerable irony in che CIA 0 poaition, both then and now . Much
of the speculation about the murder of Preeidenc Kennedy hae centered on che
role OE that agency _ n207 The way to Bubcain iCB innocence in chie matcer
May well be to fully aiscloge che evidence , including gelected gources and
mechodg chac w111 reveal conclugively tbat nelther It nor s0me forelgn power
wa9 behina the wurder.
-Footnotes-
n207 . See 0.9. Prouty, Bupra noce 29 (revlewing che hiscory:Of crowbled
relatione between the CIA and Preaident Kennedy) ; Alan J, Weberman 6 Micbael
Canfiela, Coup D'etat in ' America, The CIA and the Aabaabination oE Jobn F
Kennedy (1992) (aeking whether Lee Harvey Oswald waa a CIA agent) ; JFK, Bupra
noce 9
~End Foocnotes -
Conclubion
The American public shoula noc rely on che JFK Board Co bettle the queation OE
whac happened in Dallag ana why _ Thac i8 noc lhe [*37] Board ' 8 mandate _ n208
The Boara i0 noc charged with answering tbe gueetion of who murdered Prebident
Kennedy _ It 18 not running an invebtigation; it i8, ingtead, seeking to disclose
documentb in an age Of open becrecb _ an age in which we: have COme to embrace cbe
Idea chac opennebe 18 Co be preferred and chac accouncability 1b che touchstone
for public confidence in government _ n209
-Pootnotes-
n208 _ See 44 0.S.C. 2107 (2) (b) (1994) (identifying the purpose of the JFK Act
as establishing the Prebident John R . Kennedy Assassination Records Collection
of the National Archives and Records Administration and requiring athe
expeditioua publlc cranamigaion to the Archivist and public digclosure OE guch
(assasgination] records")
n209 _ See Bupra note 14 _
~End Foocnocee -
Wle are reminded almost daily by che prege and . media gpokespersons chac che
malntenance of secrets is bad; that openness is good; and that accountability
only
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56 Md _ L. Rev _ 1, *37
in all public matters is highly desirable _ n210 Full digclosure 10 Co be
preferred over partial, the full truth i8 better Chan bomething le8b_ and the
more we know about wbat government bag done , ig doing, and plans Co d0 , che more
gecure we will be in our liberties Yet, the intelligence community.charged with
making the case for secrecy often does S as a matter of routine rooted in
eradition_ 0211 8ecrecy in a democracy deserves better; it cannot be an end in
itself_ and it certainly cannot be justified gimply to obscure the intelligence
services that generate much of it in tbe first place_ Such an approach i9
ultimately self-defeating, both for the: intelligence" community ana Eor che
government lt serves _
-Footnotes-
n210 _ See , e.9. Weiner_ Bupra note 140 (diecussing the CIA' s slow release Of
its files on the Mobt importanc coverc acciong Of the cola War) The argument in
support of' opennegg and accouncabilicy in government 10 advanced carefully by
Norman Dorsen R Stephen' Gillere , None' of Your Bubinebe ; Government Secrecy Ln
America (1974)
n211 . See Wald, supra note 128 (obgerving chac _ ac the. Department of Energy ,
"ideas are 'classified at birth, or . presumed gecret util proved otherwise" )
bee also Bupra notes 124-134 and accompanying cext .
~Bnd Pootnotes -
George Bernard Shaw was Correcc when be argued: "There are no secreca becter
kept chan the becrets tbat everybody guegaee n212 Shaw' 5 words surely describe
Cbe approach of the Intelligence agencies to che Kennedy assassination _ In the
abbence of dlsclosure the public, goaded by a news-hungry press and an acciviec
rebearch community, will be left co 'epeculate in Bensational ways about che
abbabbination _ Such speculation wtll continue to have predictably corro8ive
conbequences
-Pootnotes -
n212 _ Chribtopher Morley & Louella D Everett, Familiar Quotaciong: A
Colleccion of Paebages Phrases ana Proverbe , Traced to Their Sourceg in Ancient
and Modern Dicerature by Jobn Bartlett 720 (12th ed . 1948) (quotIng George
Bernara Shaw)
-Bnd Pootnocee -
We Bbould a1l be etunned that, with countlege documente Btill hidden In
governmenc ffling cabinete_ rebearchers , newopaper reporters , [+30]
columnlsts_ and movie and TV producere bave managed co convey a broadly held
vlew tbat the Warren Commigeion failed and that the governmenc knowe more' than
it 1s telling_ n213 We. Bhoula stand in awe of their capacity to explain the
asgags1nation in such breachcaking cerms when s0 much gtill remainb under Iock
ana By breaking confIdencee wich former informanta and diacloeing
clandestine CIA ana FBI Operacions_ a fuller record will puc Lo the tebt the
mobt sinister of al1 conspiracy cheories : that the Presidenc wae murdered by his
Own government Such a maccer cannot be left to chance explanation becaube it
eacs away ac che foundacion Of public confidence in governmenc , which neither
well-intentioned secrecy nor covert Operationb can restore _
xey _
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56 Md _ L. Rev 1, "38
-Pootnotes-
0213 _ See gupra noceg . 6-10 and accompanying cext _
~Ena: Footnotes -
Whac Americang require is a greater sense that they can trugt their
government to protect the becrecb that are genuinely important Tbe government 3
persibtent inability to distinguieh betweed what i8 vital and what 13 not n214
1lee at Che hearc Of che debace abouc openneae and gecrecy in governmenc _ the
hietorical verdice on che Kennedy ag8ab8ination, and the legitimacy of our
Intelligence serviceb in an admiccedly dangeroue worla
~Footnoteb -
n214 _ See Wald, Bupra note 120 (noting that the Department of Energy 15
spendIng S 3 million on a compucer program chac will make an initial assessment
regarding pogsible dieclogure Of 100 million pages of documente ta reduce the
number of secret documenta to a nanageable quancicy: for further buman
assesgment)
~End Poocnocee -
Americans have been lefc guegeing abouc che Kennedy assassination since the
Warren Commigslon Lssued Icg reporc When everything ib gecret. everything 1s
secret and tbat 1s how tbe Intellsgence bueine8b Operateb : n215 In the case of
che Kennedy murder _ bowever , that strategy bag caken a ' heavy toll. Our task 1s
co accept On a principled basis tbe Lmportance of gecreta in a democracy and to
procecc whac i0 truly valuable and In the public interegt to Xeep 8ecret _
chen will ic be pobbible to abbebb wbether charges Of a congpiracy co @urder
Pres_denc Kennedy are but another' example of the virulence of cbe national
appecice for bogue revelation.
(SEE EXHIBITS IN ORIGINAL]
~Rootnotee-
n215 . See generally Marchecci 6 Marke , Bupra note 72 , ac 370 (concluding chac
secrecy has become a #way Of' life" 0.S. intelligence operations)
-End Foocrocea-
Only
{or
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04/23/97 MED 15:53 FAX 202 7240457 ARRB CES HAS NQ OBJECTION 4001
TO REcuEc; C gF
'ANDIOR
Inthis ECCumENTFoRMATION
F0 V E R
FAX
S HAE E
To: J Banry Harrelson
Fax #; 703-613-3063
Subject: Segregated Collections
Date: April 23, 1997
Pages: 7, including this cover sheet
the Board adopted the attached guidelines:
From the desk of=_
T: Jeremy @unn
General Counsel
Aeeasslnatbn Recoraa Revaw Board
600 E Slraag, N.W_
Washlnglon: D.C. 20530
(202) 7240080
Fax (202) 724-0457
Today
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1'; :aOOBECTION TO
y :RCATICN ANDIOR
ELCI 3CA INFORMATION
IN TxIs DCCUMENT
Assaseination Records Review Board
Guldelines for Review of Postponements in the Segregated Collectlons
Adopted: April 23, 1997
Background
In order to ensure that the Review Board will be able t0 complete Its task of reviewing
all identified assassination records, the Board recently took two slgnlficant steps. First;
on November 13, 1996, it adopted guidelines with respect t0 reviewing "Segregated
Collections" with regard to Information that is "not believed relevant" (NBR)to the
assassination; Second, in February 1997 , the Review Board requested Congress to
extend its tenure for one additlonal year:
It is the Review Board's judgment that; even with the assumptlon that our operations
may be extended through Fiscal Year 1998, the Review Board cannot hope to complete
review of postponements in the Segregated Collections under the current method of
review: In particular; a reasonable modification of current postponement standards
would greatly expedite and facilitate the release of additional information and records:
Othenwise, the Review Board might cease operations without having reviewed clalmed
postponements in tens of thousands ot pages of FBI and CIA records:
Postponement Criteria for the Segregated Collections
In a turther effort t0 enhance the Aevew Board's work; the Review Board now issues
these revised guldelines for the review of records in the Segregated Collections,
(These guldelines do not affect the FBI's Core and Related Files or the CIA's 201 file on
Oswald ) The four principal factors that underlie these revew guidelines are: first;,
continuing; to the greatest reasonable extent; the Review Board's established
guldelines for postponements that have emerged over the past two years; second,
establishing guidelines consistent with the Review Board' s declsion regarding NBR
records; third, establishing reasonable and workable guldellnes that will enable the
'The regulations adopted by the Board on November 13, 1996, define
"Segregated Collections" as including first; FBI records that were requested by: (@) the
House Select Committee on Assassinations (HSCA") in conjunctlon with its
investigation into the Kennedy assassination; (b) the Church Committee in conjunction
with its inquiry into issues related to the Kennedy assassination; and (0) by other bodies
(e-g, Pike Committee, Abzug Committee, etc ) that-relate to the Kennedy
assassination; and second, CIA records including (a) the CIA's Sequestered Collection
of 63 boxes as well as one box of microfilm records and the microfilm records (box 64),
and (b) several boxes of CIA staff "working files "
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2
Review Board, the ARRB staff; the CIA, and the FBI to complete the significant amount
of work that remains; and finally, to provide reasonably consistent standards for the
review of postponements that would apply equally to CIA and FBI records:
The following are, in summary form, guidelines for reviewing postponements in the
Segregated Collections.?
CIA Source and FBI Informant and National Security Asset Postponements
There are, of course, similarties and differences between FBI infomants and CIA
sources; Like FBI infomants and national securty assets, CIA sources may or may not
be for the infomation that they provde and may or may not be provders of
infomation over the long-term: When providing Intormatlon t0 the Bureau; FBI
infommants generally are understood to be cooperatlng with Iaw enforcement officials for
a legal and legltimate purpose: It is often the case; although not always, that FBI
intomants understand that at some point their name might surface in conjunction with a
criminal prosecution and that they may need to testify in court: Foreign CiA sources
and FBI national security assets, however; are not necessarly deemed to be
cooperating with law entorcement otficials but may; in fact; be committing the crime of
espionage against their native country by cooperatng with US authorities. Furthemore,
unlike FBI infomants, CIA sources and FBI national securty assets presume that thelr
names wlll not be released publicly and they certainly presume (in the ordinary course)
that thelr Identities will not surface in crimInal trials. As a practical matter; it is generally
much easier today for the FBI to locate a toner infomant who resides in the United
States than it Ie for the CIA and FBI to locate fomer sources and national security
assets:
Despite these differences dlfferences wich would generally suggest a greater
degree of protection being owed to CIA sources and FBI national securlty assets
35
the
issues In terms of postponements are fundamentally similar:
ZThe existing "NBR" guidelines allow the Review Board to remove from detailed
consideration those records or files that truly have no apparent relevance to the
assassination: Nevertheless, a significant number of files In the Segregated Collections
contaln records that shed some light on issues that the HSCA explored as potentially
relevant to the assassination of President Kennedy: The following criteria would apply
to all records In the Segregated Collections, including records containing some NBR
redactions:
paid they
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-3 -
CIA Sources
The Revlew Board established guidelines, durng Its December 1996 meeting for
handling CIA source issues and applied those guidelines at the January 1997 meetng:
These guidelines directed the protection Of names and identlfyng Infomation of CIA
sources in cases where the identity of the source is of low public Interest or ls peripheral
t0 the JFK assassination; ' The Board's decision was based on two factors:' the concem
that since CIA sources generally live outside the United States; they could rsk ham It
thelr identities were revealed Moreover; many of the sources referenced In CIA
records appear infrequently and are of relatively low public interest, Theretore, In
records where the identity of the source Is of importance for understanding the
assassination; the CIA will be required to provide additional evildence to support the"
protection of the source's Identity:: In cases where the identify of the Bource is
peripheral to the assassination story, the intormation will be postponed until 2017 .
FBI Natlonal Security Assets
FBI national security assets should be treated in the same manner as CIA sources:
FBI Intormants
Infomant issues represent the largest category ot postponements In the FBI&
Segregated Collection; as they do in the "core" FBI assassination files: also
provide the greatest opportunity for streamlining the review process: Currently; there
are ten members of the Bureaus JFK Task Force who are responsible for researching
individual infomants in response to evidence requests from the Review Board; * They
retrleve and review the Informants' files and attempt; through DMV , Social Security: and
other database searches, to deterine if the infonant is alive. Under current Review
Board standards for "core" files, this work is necessary to provide evidence to support
redactlng the infomants name, regardless of whether the informant provlded
infomation: Removing the requlrement of proving whether infomants are alive in the
Segregated Collections would free up signiflcant resources that could be deployed to
reviewing unprocessed HSCA subject files:
The new approach to HSCA subjects is to protect informant-identifying infomation,
JAn example would be the case of John Scelso (pseud ): The Board found that
his identity is relevant to the assassination story and CIA offered evidence of a
continuing need t0 protect the identity: In this case, "Scelso" documents would
continue to be scheduled for release in five years:
'Six work full-time on intomant evidence, four devote about half their time to
infomant evidence;
They
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4 -
without requirng the Bureau t0 make a showing that the infomant is alive: This:
protection would extend t0 individuals characterized as symbol-number infomants,
"PSIs;" "PCls,? "established sources; "panel sources; and the like designatlons that
Indicate an ongoing relationship with the FBI. It would not extend t0 Indivduals who
requested that their Identity be protected In an isolated contact with the FBI or to local:
and state law enforcement Officers:
The "infomant-identifylng infomation" t0 be protected would Include the customary
(Le;, infomant-specific) portions of infomant symbol numbers and flle numbers;
infomant names; and at least potentially descriptions of, and infomation recelved
from, the Informant How much; if any; ot the latter type of infomation should be
redacted would be the principal focus of staff-lavel discussions with the FBI; The staffe
principal goal in tis process, with regard to each Infoment, would be to release as
much infonation that is relevant t0 understanding the assassnation as posslble: In
discussions with the FBI; the staff would be prepared; ifnecessary; to concede
redactlon of infomant-identifying infomatlon:that is unrelated to the assasslnation in
order to ensure that more pertinent infonation is released:s
The presumption will be that an informant's identity will be released if the intonant
provides "posittve" infomation about an assassination-related Issue. To overcome this
presumption of release for Infomants with "posltive" information; the FBI would need to
make a partlcularized showing that the identlfylng Infomation should not be released.
To the extent that an informants identity is protected, it wll be postponed until 2017 .
CIA Employee Name Poetponemente
Over the past year the CIA has addressed the employee name issue and has released
some names that it had prevously asked the Board to postpone. But during that time
the list of names has grown to a size that had not been Imagined at the time the work
began: To date, the Review Board staff has identified in the JFK Collection over 650
names of CIA employees These names appear in more than 1000 documants already
reviewed by the Board and numerous additional records that have not yet been
processed. While some of these employee names are important to the assassination
many appear only a few times in the entire JFK Collection and seem to add little,
if any, important inforation:
sIn HSCA subjects; there typically will not be infomation about Ruby, Oswald or
the assassination itself: However; in 'a fila on, for example, Sam Giancana, there may
be infomant reports on Giancana's support of anti-Castro activities, and reports from
the same infomant on day-to-day numbers operations in the Chicago area. The staff
would set a higher priority on release of the fomer reports than 0n the latter;
story,
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5
CIA's argument to protect employee names emphasizes a number of points First;
since many employees are "under cover; the maintenance of that cover is critical t0
gathering intelligence: CIA argues that identification of a name can Identlfy the cover
provider and jeopardize operations: Second, although the majority of names are of
retired CIA employees, CiA has a confidentiality agreement with them &d many do not
want thelr past Agency affiliation released;' The argument here is that release may
jeopardize business relationships or personal satety: Such arguments have already:
been presented t0 the Board: Their mert can only be detenlned on a case-by-cese
basis: However; due to the volume of names in the JFK Collecton, tho individual
review and evaluation of each case would delay slgntficantly the review of documents
and ultimately lead t0 less total Infomation becoming available to the publlc;
CIA has proposed, and the Revlew Board agrees; that CIA employee names be treated
in a manner similar to that applied to Source names: to postpone until 2017 those
employee names that are of low public interest or are of perpharal interest to the
assassination: It wll be presumed that employee names will be released If their
identities are important to the assassination story unless the CIA is able to provide
specific infomation of a potential hamm of release. (CIA acknowledges the presumption
of release unless specific evidence Is provided t0 the Review Board that ham to
national security or to personal safety would result from the release of the employee
name,)
FBI "Forelgn Counterintelligence" Postponements
It is presumed that the FBI will, at least partially, over its post-appeal standards for
disclosing "FCI" activities targeting Communist-bloc nations: Tothe extent that the
HSCA subjects reflect "FCI" activities against other natlons that have not been
addressed by the Review Board in the "core" files, the FBI will beallowed to redact
direct discussion of such activities, unless the infonation In the proposed redaction
meaningfully contributes to the understanding of the assassination:
FBI and CIA Foreign Llaison Postponements
The criteria for these postponements would not; in the abstract, depart significantly from
the Review Board's current approach of releasing infomation received through Iiaison
channels, while protecting direct acknowledgment of the source of the infomation In
practice, however; the staff would be more flexible in protecting text that implies,
although mey not unambiguously state, that a foreign govemment Is the source of
particular information; Nevertheless; the more significant the infomation is to any
assassination-related issue, the more information would be released under these
guidelines:
cany
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6
CIA Stations and Other Iseues
Over the past two years the Review Board has established other guidelines that will
continue t0 guide the revlew process; some of wlch will be outlined here: For CIA
statlons, all locatlons related to the Mexico story will be released durng the period
1960-69. Outside of that window, they will be released on a case-by-case basis chould
the identity of the station be critical to understanding the assassination Other stations,
except for those identified as particularly sensitive, will be released from the beginning
0f the Kennedy administration until the publication of the Wanen Commlsslon report;
(ies, January 1, 1961 to October 1, 1964). Outside %f these wndows, stationS will be
1 postponed. Cable pretixes, dispatch prefkxes, and field report prefixes would be
postponed or released accordlng to the same windows as the stations to wlch
refer: CIA Job titles also are redacted or opened along with the station at which the
officer served:
Crypts would be released along Iines similar to other infomation: All "LI" crypts, except
those consldered particularly sensitive would ba released through October 1, 1964, as
are "AM" crypts and U.S. govemment crypts. In other areas, only the digraph Is
protected: Agaln; the exception is sensitive crypts, wich would be protected in their
entirety: After October 1, 1964, the presumption shlfts towards protection of the crypts,
except those that provlde meaningful Infomation about the assasslnation story: (For
example; crypts pertinent to Garrison-era documents would likely cary the same
presumption of release as those generated during the Wanen Commission )
Survelllance methods will be released if the nature of the surveillance has & material
bearng on intormation related t0 the assassinatlon unless CIA provides evidence
demonstrating the political or operational sensitivity, in wich case the infomation will
be released In 2017 ,
e:larblregsleview;wpd
City
they
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Cia HASNO OBJECTION TO
CECLA_SI@CATION ANDIOR
RELEASE OR CIA INFORMATICA
MEMORANDUM In ThiS DC UMENT
September 16,1997
To: Review Board
From: T. Jeremy Guna
Subject: Proposed ARRB Timelabla IdAegview ofCIA Records
L Background
TheCIA Team has developed & preliminary timetable that we hope will provide a
reasonable framework for completing our revlew of CIA's assassination recordsby
August 1, 1998.! We are creating this timetable for three purposes:
First, to establish oUr Own working target dates to measure Review Board progress
against the mandatory deadline established by theJFK Act
Second, to provide CIA with our best agsessment of the order and scope of our review
so that it can make its own interaljudgments on the proper allocation of its resources
We provided CLA drafts of this memo and solicted its specific advice and
suggestions forbetter ways to accomplish our [Wehave not asked CIA to
"agree"-to these deadlines, but wehaveencouraged it to provide alternative
suggestions on how best t0 meet the August 1 deadline:]
Third, to solicit the Review Board's advice regarding 'enforcenent" of these (or other)
targets; Although we surels hope that both the ARRB staff and CLA willbe able t0 meet
the targets, and although We certainly plan t0 make all reasonable accommodations for
problems thatno doubt will arise, we nevertheless anticpate thatit is possible thatCIA
mightnotbe able to to these timetables: Thus, we antictpate that there may well
be times when blocks of records scheduled for Board review will nothave been fully
processedby CIA: It is ourjudgment that; in keeping with our commitment to
Congress and to the of theJFK Act; we may need tohave the Board act on groups
of records for which CIA has not completed ito initial review. At the risk of over-
repetition, the ARRB staff seeks t0 be as reasonable and accommodating as it can on
timetables; provided that 'proposed changes are consistentwith Our obligation to
complete the task We realize that this review may have resource-allocation
establishing this target date; we will provide ourselves with a two-month
cushion to handle possible appeals and miscellaneous issues that doubdless will arise:
prior
goals:
keep
goals
any
'By
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-2 -
consequences for CIA and weexpect t0 refine this timetableboth t0 minimize the:
resource impact and to allow Us and theCLA to proceed mostefficientiy with the;
review. We also take very seriously our commltnent to Congress t0 complete our work
On schedule Is the Board prepared t0 make decisions on records if CLA has not
completed its review and t0 enforce those decisions?
: Issues applylng to all CLA fecord groups
Records to be opened-in-full
During the course of CLA's review, it frequently identifies records thatis jt
js prepared t0 open in full without Board action Although there is a
benefit in promptly forwarding such Iecords to NARA, itis less expensive
for CIA to process these records during the suner months:
Accordingly, se are prepared t0 agree with CIA thatitmay delay:
processtng such records; provided that all such processing of open-in-full
records willbe completedby August 30, 1998.
Duplicates
CIA will continue t0 identify duplicates and may process them after all
other documents have been reviewed and transfered t NARA: Ifthe
ARRB is shown that any given record Is a duplicate; CIA need not
complete the processing before September 30,1998.
III CLA Record Groups
A Oswald 201 File (17 boxes)
~
current status:
review
'completed (with a few minorexceptions)
B.` CIA Sequestered Collection
1. "The 63 boxe8"
curtent status:
The ARRB staff has completed a survey of the 63 boxes (on the
folder level) and has assigned each folder & relevance priority on a
1 t0 4 scale. CIA has completed its declassification review of
roughly 66% of the priority 1 folders:
The ARRB Staff has completed its Own review of approximately
50% of the priority 1 records and those records have been (or
shortly will) be voted on by te Board:
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3 -
target dates:
Completion of final review of 63 boxes by January 31,1998._
tme line:
9/30/97 box 40 (priority
10/31/97 box 48 (priority
1)
11/30/97 box 56 (priority 1)
12/31/97, box 63 (priority 1)
1/31/98 all priority 2,3 and 4
2. HSCA Staff notes (originally Interfiled in the 63 boxes)'
status:
Record Identification Forms prepared for all documents: CIA
review is 80% complete: ARRB staff completes its review shortly
after receiving records &rom @IA
target dates:
Complete Board voting by November 18, 1997.
3. Microfilm (72 boxes)
curtent status:
CLA identified approximately 33% of these records as NBR ARRB
staff has reviewed all CIA NBR designations, and has identified
additional records that should be reviewed by the Board:
The ARRB Staff will discuss with the CLA the preparation Of Record
Identification Fons (RIFs or "TENaids" in CIA terminology) and
develop a plan that will best facdlitate review:?
target dates:
CIA begins review by November 1, 1997 and completes review by
July 1, 1998.
Complete Board determinations by July 31, 1998.
'The ARRB staff has no objection to the records being identified entirely on the
folder level provided that all records in the folder are open-in-fulL If there are records
in which the CIA is requesting redactions, those records must be identified
individually: The remainder of open-in-full records may still be identified with one RIF
as being the contents of the same folder:
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09716/97
T0E242.36 [11202 72*0457 ARRB
tentative time line:
11/30/97 . boxes 1-6
12/31/97 boxes 7-13
1/31/98 boxes 14-19
2/28/98 boxes 20-25,
3/31/98 boxes 26-31 &44-45
(Boxes 32-43 contaln LHOs 201 which will;
be treated as a specal case:)
4/30/98 boxes 46-51
5/31/98 boxes 52-62
6/30/98 boxes 63-72
Microfilm copy of Oswald 201 (approximately 12 boxes)
issue:
The vast majority (ifnotall) Oswald Mlcrofilm records are
duplicates ofrecords the Board has already reviewed under the JFK
Act To theextent that the records previously have been reviewed;,
'there is little value in re-reviewing te records The ARRB staffwill
survey the Microfilm 201 in an effort to Identify any additional
records thathave not abready been acted upon by the Board: Al]
records notprevlously acted upon by the Board will be so
designated; a
RIP wilbeprepared,and will be Bent for Board
action ' The remaining Microfilm 201 will be transfered to theJFK
Collection at NARA and opened In full.in 2017.
status;
Staff has its initial survey and has thus far identlfied no
recorda in the 201 Micofillm that are not already in theJFK
Collection
"Working Files" (including "Russ Holmes" papers,etc:)
status:
No Record Identification Forms havebeen prepared. ARRB staff
has conducted a general survey:
target dates:
Work to commence by CIA on October 1, 1997. CIA should
prepare Record Identification Foris fOr all records by January 1,
1998. Completion of review and Board deterninations by March
1998.
file;
they
completed
31,
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5ioge
09/16/97 = TUE :12:36: FAI 202 724 *045.7 ARRB'
5 -
~strategy:
The "working files" is a group ofrecords thatwas assembled at
CIAby Russ Holmes. Although he was notasked formallyby CIA
to create this separate records group he did s0 in otder t0 facilitate
his work and, perhaps; t0 satisfy his own curlosity: The group
contains many original records (copies of some of which are
already in the collection) and it includes some records of which we
are aware ofno Other copies: It is the best-organized collection 0f
assassination records held by CIA. Its value as a reference tool ,js
greatest as a collection ' Therefore, though the file contains many
duplcates of records found in theJK collection; the ARRB staff
recommends that it be preserved a8 & Bingle group: Duplicates and
open-in-full documents should be treated in the same manner as
they are in the rest of the JFK Collection' 'Aswith the microflm
from the Sequestered Collection the ARRB staff has no objection t
the records being identified on the folder level provided that ahl
records in the folder are open-in-full. If there are records in which
CIA is requesting redactions, those records must be Identified
individually: The remainder of open In full records may still be
identifed with one RWF as being the contents of the same folder:
D. Additional Records
status:
Research, tequests, and negotiations continue t0 identify and
include additional CIA records for the JFK collection
Oswald Offce of Security File: As a result of an ARRB staff request
for additional information and records, CIA located portions ofa
previously undisdlosed Office of Security file on Lee Harvey
Oswald This seven-volume fille, ofwhich six parts have been
located, contains two volumes of press clippings, third agency
material on Oswald,a cPY of Oswald's address book and Marina
Oswald's INS file In the upcoming months CIA will begin to
review and process these materials :
time line:
Completion by July 31, 1998.
strategy:
Continue curent efforts:
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6 -
E Referrals
1 HSCA referrals (Numbered
status:
Security Classified
etc)
tost of these records have been reviewed The _
that a percentage of them has _
database Suggests
slipped through the cracks
target date:
Complete Congressional records to be reviewed by March 31,1998.
Continue to clarify the status ofrecords: Review_
records: any 'remaining
2 Other referrals (FBI, Church Committee; LBJ
status and strategy: JFK etc)
Records will be coordinated and reviewed
on a caseby case basis
TGe| Ida | timetablwpd
4207
files;
Testmony,
strategy:
Library,_ Library,
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1
12 July 1996
Ztt for 22 July 1996; 10:00 a.M .
Bresidential JFK Assassination Records Review_ Board
Date of_ Birth SSN
David George Marwell 12/31/51 080-38-7009
Executive Director
Michelle Marie Seguin 1/12/69 376-88-5236
Robert John Skwirot 7/28/56 209-50-4324
Manuel Espiritu Legaspi 8/04/68 568-53-8907
Mary Sperling McAuliffe 9/25/43 366-44-4357
Christopher Meade Barger 6/25/68 469-98-3261
Thomas Jeremy Gunn 8 /25/52 529-74-8907
Legal Counsel
3<
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1 ,
SECRET
15 May 1995.
FOR: David Marwell
Executive Director , ARRB
FROM: John Pereira
CIA/Historical Review Group
SUBJECT : Mexico City/Sensitive Information
The Directorate of Operations,prepared the attached
statement to assist the Assassination Records Review Board _
The statement explains the sensitivity of the records
related to telephone tap operations in Mexico City This
may help provide a perspective for further discussions, on
the subject _
Z,1)uz~t
John Pereira
Attachnent
~EErLT
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SEERET _
SUBJECT : Release of Information on Mexico City Teltaps
1 Protection of sources and methods and liaison equities
require that references to the Mexico City station teltap
activity be excised from any documents released under the
auspices of the JFK Assassination Record Collection Act of 1992 _
While the teltap activity mentioned in the documents under review
occurred some thirty plus_Years ago,_ [the joint teltap operation
with Mexican liaison has never been terminated; it continues to
this day in a slightly different form _
2 Release of any information that would constitute
officiai USG acknowledgment of the existence of the {oint teltap
operation would have_ a serious adverse impact on current
operations Relations between the Station and the liaison
Iservice would be affected, with the likely outcome of
discouraging liaison from cooperating in similar ventures in the
{future with Mexico City Station_ official acknowledgment of the
lexistence of the joint teltap in the 1960's would embarrass the
liaison service given Mexico 5 strong brand of nationalism and
sensitivity towards the issue of sovereignty_ vis a vis the United
States The service probably would terninate its cooperation
with the station on the current joint teltap operation in order
to be able to defend itself against domestic critics
SECRET
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CIA HAS NQ CBJECTIONTO
[JECLASEIFICATICNANDIOR
FRELEASZ QF CHA: INFORMATION
iNTKIS DOCMENT
OFFICE PHONE LIST
Ahmed, Sarah 260'
Combs, Michelle 262
Denk; Laura 265
DiFrisco, Jessica 258
Fagnant, Marie 230
Fletcher; Carrie 3247
Goslee, Jim 259
Gunn, Jeremy 226/267
Haron, Ron 239
Horne; Doug 245
Legaspi, Manuel 261
Marr, Irene 243
Christina 255
Olson, Jerrie 254
Reddy, Sydney 246
Rhodes, Chet 240
Rockwell; Benjamin 242
Rodriguez,Cathy 238
Samoluk; Tom 227 V-mail
Shycoff; Tracy 233
Skwirot, Robert 268
Spells, Janice 221
Sullivan, Eileen 253
Tiernan, Kevin 264
Voth; Peter 256
Zimmerman, Joan 263
Kitchen 223
Board Room 236
SCIF 241
Guest Phone 225
Juelich, Rochelle (Intern) 224
Mays,
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13-00000
Arkk
stf
Barger, Christopher Meade 469-98-3261
Combs, Kathryn Michelle 229-13-8465
Golrick; Philip David 225-21-0020
Gunn, Thomas Jeremy 529-74-8907
Legaspi, Manuel Espiritu 568-53-8907
Marr, Irene Frances 013-54-5987
Marwell, David George 080-38-7009
Rosen, Brian Eliot 473-58-1973
Skwirot, Robert John 209-50-4324
Trzaska-Sails, Valerie Marie 589-40-1874
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'Assesslnatlon Records Revlew Board Stal
Octobor 1, 1997
Gunn
Exaculiva Dlractor
Sam oluk
Deputy Dlreclor
Shycoll Heron
Assoclala Dlreclor Assoclale
Adm Inlstrallon Ganeral Counsei
Adm lalstratlon Herd
ahodas, Senlor Allorney:
Olson, Rodrlguoz, (pending)
Mayo, Spells
Presid antlal LIbrarles Sulllvan
NARA Press and Publlc
Allalrs 0 (licor
Hore Combs Skwlrot Denk
Mililary Team Leeder. Speclal Asslstant CIA 'Coordinalor Fbi Toam Leader
Research and Revlew {Tlomen
Senlor Analyst
NSA usSS
Gosle0 Legaspl Zim m erm &n Difrlsco, Legaspl; Ahmed, Feonant,
Senlor Analyst Mar, Rockwell; Flelchog Aeddy
Voth
State WCIHSCa
Marr Zimmerman
Senlor Analyst Solld Ilne eqvals reporllng relallonshlp
Dotled Ilne oqual concurrlng relellonsnip _
Church , SSCI;
PFiab, NSC ,
Congresslonal,
Postal Servlce
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AtioN
1 Assassination Records Review Board
:
600 E Street NW Znd Floor Washington, DC 20530
Q
(202) 724-0088 Fax: (202) 724-0457
2
r
x CEVECTION TO
~ANDIOR
UF CiAINFORMATION:
INTXIE DOCUMENT
THE ASSASSINATION RECORDS
REVIEW BOARD
AII Government records concerning the assassination of President John F. Kennedy
should carry a presumption of immediate disclosure:
The Presidert John F. Kennedy Assassination Records Collection Act of 1992
Public Law 102-526, October 26, 1992
Introduction_to_theAssassination Records Revew Board
The Assassination Records Review Board is an independent federal agency created to oversee the
identification and release of records related to the assassination of President John F. Kennedy:
The Review Board was established by The President John F Kennedy Assassination Records
Collection Act of 1992 (PL 102-526), and was signed into law by President George Bush: The
five members of the Board were appointed by President Clinton, confirmed by the United States
Senate, and sworn in on April 11, 1994.
The law gives the Assassination Records Review Board the mandate and the authority to
identify, secure, and make available all records related to the assassination of President Kennedy:
The Board has until September 30, 1998 to fulfill its mandate.
TheRevew Board Members
The Review Board consists of the following members:
1. The Honorable John R Tunheim, Chair; United States District Court Judge, District of
Minnesota.
2. Dr: F. Graff; Professor Emeritus of History at Columbia University-
3. Dr: Kermit L Hall; Dean, College of Humanities, and Professor
of History and Law at The Ohio State University:
4. Dr: William L. Joyce; Associate University Librarian
for Rare Books and Special Collections at Princeton University.
5. Dr: Anna K Nelson; Distinguished Adjunct Historian in Residence at The American
University:
BoArd Memeers: John R. Tunheim, Chair Henry F Graff Kermit L_ Hall William L_ Joyce Anna K. Nelson
Executive Oirector: David G. Marwell
s$iN 8
Rev [Ew
8 0
Henry
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2
The
The President John F. Kennedy Assassination Records Collection Act was enacted by the:
Congress and signed into law by President George Bush on October 26, 1992. The law states
J All Government records concemning the assassination of President John F Kennedy should carry
a presumption of immediate disclosure.
The law mandates that all assassination-related materials be housed in a single collection in the
National Archives and Records Administration (NARA):
The Act defines five categories of information for which disclosure may be postponed, including
national security, intelligence gathering, and privacy provided there is clear and convincing
evidence" of some harm which outweighs disclosure.
The law requires all federal agencies to make an initial assessment of whether possess
records relating to the assassination: The agencies themselves will conduct an initial review to
determine whether their records may be disclosed immediately or whether disclosure should be
postponed The agencies must then give all records that are not disclosed to the Review Board.
The Review Board will then evaluate all agency decisions to postpone the release of records.
Once the Board completes its review of an agencys recommendation for postponement, all
records, including those that have a postponed release date, will be transferred to NARA The
Act requires that all assassination records must be opened by 2017, with the exception of records
certified for continued postponement by the President:
Authority of the Assassination Records Review Board
The Senate report of The President John F. Kennedy Assassination Records Collection Act of
1992 stated that the underlying principles guiding the legislation are independence,
confidence, efficiency and cost effectiveness. In order to achieve these objectives, the Act gave
the Board the specific powers to:
direct government offices to provide identification aids and organize assassination records;
direct govemment offices to transmit assassination records to the National Archives;
obtain assassination records that have been identified and organized by a Govemment office;
direct government offices to investigate the facts, additional information, records, or testimony
from individuals which the Board has reason to believe is required;
request the Attorney General to subpoena private persons to compel testimony, records, and
other relevant information;
require any Government office to account in writing for the destruction of records relating
Law
public
they
public
any_
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13-00000_
3
to the assassination of President Kennedy;
receive information from the public regarding the identification and disclosure of
assassination records; and
hold hearings, administer oaths, and subpoena witnesses and documents.
Background and Need for_theLaw
On November 22, 1963, President John F Kennedy was assassinated while traveling in a
motorcade in Dallas, Texas His tragic death, and the subsequent murder of Lee Harvey Oswald,
the Presidents alleged assassin, led to the creation of The Warren Commission, seven days after
the assassination:
Amid continuing public doubts that all of the facts surrounding the assassination had not come to
light, the House of Representatives established the House Select Committee 0n Assassinations in
1976 to reopen the investigation.
In addition to these two major federal investigations devoted to the investigation of the
assassination of President Kennedy, three other federal investigatory bodies have dealt with the
assassination to some degree. President Ford created The Rockefeller Commission in 1975 to
investigate Central Intelligence Agency activities within the United States. Part of the
Commission's efforts related to the Kennedy assassination: Also in 1975, Congress created the
Senate Select Committee to Study Governmental Operations with Respect to Intelligence
Activities (the Church Committee) and the House Select Committee on Intelligence (the Pike
Committee): Some of the work of these committees was related to the assassination;
Despite these official investigations and with private researchers continuing their efforts, the
was not satisfied that all of their questions about the assassination of President Kennedy
had been answered. The result was the passage of The President John F Kennedy Assassination
Records Collection Act of 1992, which included the creation of the Assassination Records
Review Board.
Contacting the_Assassination Records_Review Board
The President John F Kennedy Assassination Records Collection Act of 1992 provides that the
Review Board has the authority to "receive information from the public regarding the
identification and disclosure of assassination records "
If you have relevant information regarding records relating to the assassination of President John
F. Kennedy, or would like to learn more about the Board, please contact us at:
The Assassination Records Review Board
600 E Street; N.W, Second Floor
Washington, D.C. 20530
Telephone: (202) 724-0088; Fax: (202) 724-0457
public
public
public