Category: General

Reviews of books treating the assassinations of 1960s, their historical and political context and aftermath, and the investigations conducted.

  • Cass R. Sunstein & Adrian Vermeule, Conspiracy Theories: A Decidedly Negative Review


    [The article under review was originally dated January 15, 2008, then updated to January 18, 2010. The electronic copy is at http://ssrn.com/abstracts=1084585.]                            


    [The author is certified by the American Board of Radiology, completed a postdoctoral fellowship in physics at Stanford, and served on the tenure-track physics faculty at the University of Michigan. He is now a practicing radiation oncologist (in the treatment of cancer). He is not politically active, nor does he wish to be. He prefers to read (widely) and occasionally just to think.] 


     

    Many millions of people hold conspiracy theories; they believe that powerful people have worked together in order to withhold the truth about some important practice or terrible event.

    – Sunstein and Vermeule     

    A lawyer without books would be like a workman without tools.

    – Thomas Jefferson


    To the astonishment of many, Cass R. Sunstein and Adrian Vermeule, both on the faculty of the Harvard Law School, have recently proposed that we substantially subvert the First Amendment (freedom of speech), purportedly to advance national security. Even more worrisome is that Sunstein has joined the Obama administration in a regulatory role: Sunstein is the Administrator of the White House Office of Information and Regulatory Affairs. [His appointment was greeted with controversy among progressive legal scholars and environmentalists. Sunstein’s confirmation had been blocked for some time because of allegations about his political and academic views. See, for example, his Wikipedia entry at http://en.wikipedia.org/wiki/Cass_Sunstein.] His name has even been bandied about as a candidate for the Supreme Court [http://www.wnd.com/index.php?fa=PAGE.view&pageId=96775; this online article cites the Atlantic Monthly as a source for the Supreme Court proposition.] Even his role in the White House concerns legal scholars insofar as he favors the US president (and his staff, presumably including Sunstein himself) over judges as interpreters of federal laws.

    But let us turn to the article itself. Most curiously, the apparent definition (quoted above) by Sunstein and Vermeule (S&V) irresponsibly evades the primary issue of whether a given conspiracy theory is true or false. That profound lapse is not faced until page 4, but even then that focus lasts only for the blink of an eye. This distinction – between truth and falsehood – is so elemental that the title of their article would more informatively be entitled, “False Conspiracy Theories.”

    To compound this unnecessary ambiguity, S&V nowhere offer any epistemic standards for identifying false conspiracy theories that might lie hidden in a mixed bag of conspiracy theories. The reader is unavoidably, and helplessly, left with nothing save the authors’ list – and even these (presumed exemplars) are not well-defined. Worse than that, some of their items are wrongly identified, i.e., conspiracies labeled by them as false actually appear to be true conspiracies – or at least, well-confirmed, as we shall soon see.

    S&V cite a Zogby poll showing that 49% of New York City residents believe that US government officials knew in advance of the 9/11 attacks. They presume this data demonstrates that action must be taken (to correct the views of these miscreants). But Steven Pinker reminds us of polls showing that 25% of Americans believe in witches, 50% in ghosts, 50% in the devil; 50% believe that the book of Genesis is literally true, 69% believe in angels, 87% believe in the resurrection of Jesus, and 96% believe in a god or universal spirit [http://www.assassinationresearch.com/v5n1/v5n1mantik.pdf, footnote 26]. These polls suggest that US adults are generally prone to false beliefs. So should we take corrective action on these other myths, too? And, if that is the case, where does this corrective action end? Must we likewise correct all rumor, speculation, and gossip, too?

    Quite tellingly, S&V do not state the obvious: 9/11 was officially declared by the Bush administration – the American government – to be a conspiracy: it was claimed to be a true conspiracy. Insofar as S&V do not clearly distinguish between true and false conspiracies, the reader may immediately wonder if their chief recommendations, which we shall soon consider, are also intended to apply to conspiracy theories that are true.

    Eventually (p. 4), S&V advance their official definition of a conspiracy theory:it is an effort to explain some event or practice by reference to the machinations of powerful people, who have also managed to conceal their role. Astonishingly, this definition still does not address the matter of truth vs. falsehood. In other words, by their literal definition, a real event manipulated by powerful individuals (whose role remained hidden) would also qualify for conspiracy mongeringeven though it was a bona fide conspiracy. [An excellent example of a true conspiracy that meets their definition may be found in False Profits: The Inside Story of BCCI, the World’s Most Corrupt Financial Empire (1992), by Peter Truell and Larry Gurwin.] The reader’s only option, it appears, is to trust S&V as the final arbiters regarding which conspiracy theories are acceptable. But they seem to require no facts, nor do they list any authoritative maps for use when the road bifurcates into truth, on the right, and into falsehood, on the left.

    Furthermore, to make matters as hopeless as possible, as their very first example of a conspiracy theory, they cite the belief that the CIA was responsible for the assassination of JFK. Due to the untimely (for S&V) publication of Inside the Assassination Records Review Board (2009), by Douglas Horne, their favorite example appears to have suffered a mortal blow. [Also see Murder in Dealey Plaza (2000), edited by James Fetzer, which includes the results of my own nine visits to the National Archives.] In fact, Horne was a government insider, who served on the ARRB. In view of S&V’s extremely high regard for government intervention (see below) by “well-intentioned” individuals (of whom Horne is surely one), Horne’s role as a government insider is their ultimate bête noire.

    Their second example of a purportedly false conspiracy is TWA Flight 800. This, too, is presented as a done deed – no evidence is offered. But the reader – and S&V, too – might wish to consult Kristina Borjesson’s account of this event. [See Into the Buzzsaw: Leading Journalists Expose the Myth of the Free Press (2002), edited by Kristina Borjesson, pp. 103-149. Borjesson’s media credits are many: WBAI, CNN, CBS, PBS, and National Geographic Explorer]. Unfortunately for them, S&V’s conclusion about TWA Flight 800 is far from clear-cut.

    S&V (p. 4), surprisingly, cite the Martin Luther King. Jr., assassination as another example (of a false conspiracy), thereby ignoring the jury verdict that it was, in fact, the opposite – it was a true conspiracy [New York Times, December 10, 1999, p. 25]. That two lawyers would so unabashedly ignore the official result of a jury trial is so extraordinary that diligent readers may well wonder if their oversight was not deliberate.

    S&V next cite the Paul Wellstone plane crash (as supposedly engineered by Republican politicians) as another conspiracy theory. I have no special insight into Republicans, but there are astonishingly many paradoxes about this crash, of which these are merely a small sample: (1) persistently misleading reports about the weather at the time of the crash; (2) the absence of a distress call; (3) the miraculously early responses of the FBI; (4) the FBI’s refusal to permit photography by fire or ambulance teams; (5) odd meteorological phenomena consistent with the use of a directed-energy weapon; and (6) a statement by one signatory of the official report that the NTSB actually “had no idea” what had caused the crash. Three scholars (with four doctorates among them) also reached a conclusion opposite to that of the NTSB. [See American Assassination (2004) by Four Arrows, Ph.D., Ed.D., and James Fetzer, Ph.D.; and “The NTSB Failed Wellstone,” From the Wilderness (2005), by James Fetzer, Ph.D. and John Costella, Ph.D., which may be accessed at http://www.fromthewilderness.com/free/ww3/070605_wellstone.shtml.]

    S&V cite the “Operation Northwoods” escapade as a potential true conspiracy (p. 4). To their citations, I would add the more comprehensive Body of Secrets by James Bradford (2001), which includes 613 pages and 612 footnotes. Incidentally, Douglas Horne, the author of Inside the ARRB (2009), turns out to be the individual who was responsible for the release of the Northwoods documents.

    S&V state clearly (pp. 4-5) that true accounts – i.e., true conspiracy theories – should not be undermined. In view of the above examples – which are their own examples – the reader is entitled to wonder why the authors do not take their own advice: i.e., why are they themselves undermining belief in true (or at least well-confirmed) conspiracy theories? This dilemma only emphasizes their crucial epistemic omission: How are true conspiracy theories to be winnowed from those that are false?

    S&V suppose that conspiracy theories are a subset of false beliefs, thereby promptly negating their concession that some may be true (p. 5). Their examples of false beliefs include: (1) prolonged exposure to sunlight is healthy and (2) climate change is false. But again, as usual with S&V, there is another side to the story: in view of the national plague of vitamin D deficiency (which includes me and my own son, who had clinical rickets) some sunlight exposure is now promoted by medical experts as commendable, especially in winter and in northern latitudes. Prolonged exposure under those specific conditions is likely to be quite safe and beneficial.

    Moreover, although global climate change does seem likely, Steven Levitt and Stephen J. Dubner [Super Freakonomics (2009), pp. 165-203] emphasize (1) that methane is 25 times more potent than CO2 as a green house gas and also (2) that water vapor is actually the major greenhouse gas, but it is not taken into account in current models – and it may not be possible to do so until 2020. So, even if Earth is heating up, it may be unwise to focus exclusively on CO2 and the associated carbon credits. More research is clearly needed.

    S&V then ask whether conspiracy theories are “justified” (p. 5). Here they stumble into a semantic bog. Perhaps they meant – and should have said – “self-justified.” Instead they talk as if a belief in Santa Claus might be “justified.” (I would instead have used “acceptable.”) They then use “warranted” as a synonym for “justified,” which hardly clarifies the matter. My dictionary defines “justify” as showing or proving something to be right. That is clearly not how S&V use the word. For interested readers, Alan Sokal has provided an excellent discussion of “justification.” [See Beyond the Hoax (2008), p. 200. Also see Against Method (1993) by Paul Feyerabend, pp. 147-149.] In this same paragraph, S&V describe Earth as having “fires” at its core; in my four decades of reading Scientific American, I have never encountered such exciting geological news.

    S&V claim that a conspiracy theory typically overlooks the role of random events (p. 6). For example, I would claim that a T-shaped inscription (with uniquely peculiar radiographic properties) on the JFK autopsy X-rays proves – prima facie – that this X-ray must be a copy. [See http://www.assassinationresearch.com/v5n1/v5n1mantik.pdf. Also see PowerPoint slides from my November 2009 lecture in Dallas at http://www.assassinationscience.com and http://www.assassinationresearch.com.] This, in turn, proves a conspiracy, both to produce such a copy and also to lose the original (it has in fact disappeared). That the process of copying also permitted a critical alteration to the X-ray is yet another concern.

    So, was this strange property (of the T-shaped inscription) produced randomly, as S&V may want suggest? I would claim that no competent radiologist, after viewing this, would accept a random event as an explanation – that would require a total suspension of rationality. Therefore, not all conspiracies require consideration of randomness as a cause – that would be the grossest sophistry.

    To explain the common acceptance of conspiracy theories, S&V claim that most folks prefer them because they are simpler causal stories. That is a peculiar perspective for them to adopt. For example, would it not be simpler to claim that Oswald did it than to invoke a host of other players in a JFK assassination conspiracy and cover up? And it certainly does not turn out to be emotionally more reassuring to conclude that 9/11 was perpetrated by the government than by 19 Islamic fundamentalists. Their position verges on incoherence.

    They assert that secrets cannot be kept in open societies (p. 6), but that notion is highly suspect. I have discussed this issue at some length [see Murder in Dealey Plaza (2000), edited by James Fetzer, pp. 336-338; also see many other citations there]. Examples include the Manhattan Project, My Lai, the Pentagon Papers, radiation experiments of the 1940s (at blue ribbon institutions), Tic-Tac-Dough, and Twenty One. Also see the many examples cited by Borjesson [Into the Buzzsaw: Leading Journalists Expose the Myth of the Free Press (2002), edited by Kristina Borjesson]. The reader is also referred to A Culture of Secrecy (1998), edited by Athan G. Theoharis; The Secret War Against the Jews (1994), by John Loftus and Mark Aarons; and Legacy of Ashes: the History of the CIA (2007), by Tim Weiner.

    That major secrets are typically kept by bureaucracies is actually exceedingly common [see Voltaire’s Bastards (1992), by John Ralston Saul]. In the year 2005, for example, 125 secrets were classified every minute by federal departments, while during the year of 2004, a total of 15.6 million documents were classified, at a cost of 7.2 billion dollars. [See The New York Times (July 3, 2005) and http://www.nytimes.com/2005/07/03/politics/03secrecy.html?_r=1&pagewanted=print.] As a particularly illuminating example, the CIA was then still fighting (in the courts) to keep secret its budgets from the 1950s and 1960s. In the 1970s it appears that the CIA allocated 29% of its budget to “media and propaganda.” The CIA expenses per annum for propaganda in the 1970s were likely above $285,000,000 – which is more than the combined budgets of Reuters, United Press International, and the Associated Press [http://www.informationclearinghouse.info/article3700.html].

    As yet another highly illuminating example, in January 1995 the Secret Service destroyed presidential survey reports of some JFK trips for the fall of 1963. This destruction occurred only after the ARRB had already warned the Secret Service not to destroy pertinent documents, and while the ARRB was drafting further requests to the Secret Service for moreinformation about these very trips. The Secret Service also destroyed files from the Fair Play for Cuba Committee, as well as Dallas-related files (for JFK’s Dallas trip). What are the odds that this miraculous timing (of file destruction) was pure coincidence? If we are to believe S&V, the destruction (of precisely those documents wanted – from 32 years earlier) might well have been random chance. Furthermore, when the Secret Service submitted its “Final Declaration of Compliance” (September 18, 1998), it was not executed under oath, as had been expected of them [Final Report of the ARRB (September 30, 1998), p.149]. In the end, one can only wonder where S&V got their information – i.e., the notion that “secrets” cannot be kept. [Katherine Graham, who was the owner of the Washington Post for many decades, reminded a top CIA official of a fundamental fact when the Berlin Wall began to crack: “There are some things the general public does not need to know and shouldn’t. I believe democracy flourishes when the government can take legitimate steps to keep its secrets and when the press can decide whether to print what it knows.” http://www.informationclearinghouse.info/article3700.html.]

    S&V then offer another remarkable declaration: our press is free (p. 7). Borjesson’s readers would surely develop some nagging doubts about that. In addition, though, serious doubts have been raised by Ben H. Bagdikian [The Media Monopoly (1992)] and by Noam Chomsky [Necessary Illusions: Thought Control in Democratic Societies (1989)], among others. One quote seems particularly germane:           

    The media are less a window on reality than a stage on which officials and journalists perform self-scripted, self-serving fictions [The New York Times (July 29, 1994), p. A13].           

    S&V want to encourage trust in government; in particular, they argue that widespread belief in conspiracy theories would undercut grounds for many other beliefs (p. 7), thus implying that this would be a great loss. The issue of “second-hand knowledge” (which seems to be their focus here) is indeed a serious one [although ignored by S&V, I would suggest Second-Hand Knowledge: An Inquiry into Cognitive Authority (1983), by Patrick Wilson], but sometimes a thorough evaluation of one’s beliefs can effectively cleanse the Augean stables of the mind. Insofar as public trust in government goes, that has dismally and dramatically decreased since the JFK assassination – and for good reason. [See http://www.roaddrivers.org/whywedonttrustgov.htm and http://unpan1.un.org/intradoc/groups/public/documents/UN/UNPAN025062.pdf.] It is a mystery why the authors have donned blinders for that rather plain fact.

    They state that no famine has ever occurred in a nation with a free press and democratic elections, which may even be true, but they also argue that it would be excessive to infer that famines in authoritarian nations are a “conspiracy” brought about by authoritarians. Those – I suspect this includes some of my own relatives – who experienced the Ukraine famine of 1932-33 would almost certainly disagree with S&V on this historical fact. [See http://www.guardian.co.uk/commentisfree/2009/nov/18/ukraine-famine-russia-holodomor and http://www.youtube.com/watch?v=VXkgGdZC6uQ.]

    They go on to ask how conspiracy theories begin (p. 9). Stunningly, the possibility that they arise because they actually occurred in the real world is not an option for S&V. The reader might well wonder again about 9/11 – how did that (official) conspiracy theory begin?

    Some persons, according to S&V, cannot accept conspiracy theories because that would capsize too many of their other articles of faith (p. 10). But perhaps that is precisely why S&V lump true conspiracies with false conspiracies – i.e., because S&V themselves fear a loss of their own fundamentals of the faith. Although this country nominally believes in separation of church and state, there is, de facto, a kind of national secular religion, which is accepted by the vast majority of Americans. This is a belief in the Founding Fathers, the Declaration of Independence (and especially the Bill of Rights as a kind of divinely inspired document), the Constitution, the righteousness of American foreign policy, that the US actually looks out for the general welfare of other nations, that our markets (at least until recently) are free, and that the US is superior to other nations in moral values.

    When a new president takes the oath of office, Americans perceive this almost as a religious rite, and the president feels that he must say, “So help me God!” As another ritual, campaign speeches, and even some State of the Union addresses – which has actually occurred precisely as I write this – often recite, “God bless America.” [See http://seattletimes.nwsource.com/html/opinion/2004364209_domke22.html.] To omit such phrases today can be politically dangerous. Although nominally a Presbyterian, Ronald Reagan was a prophet of this national religion:

    Can we doubt that only a Divine Providence placed this land, this island of freedom, here as a refuge for all those people in the world who yearn to breathe freely: Jews and Christians enduring persecution behind the Iron Curtain, the boat people of Southeast Asia, of Cuba and Haiti, the victims of drought and famine in Africa, the freedom fighters of Afghanistan and our own countrymen held in savage captivity [http://hnn.us/articles/45469.html].

    S&V suggest that acceptance of conspiracy theories can be countered by showing “that some, many, or most (trusted) people accept or reject the theory” (p. 11). [S&V immediately inspired in me a nonsensical vision of a meeting of the American Physical Society, at which physicists voted on the validity of the latest string theory. Of course, that would be sheer madness; physicists would never vote on this – they would merely appeal to the data. Science, after all, is not democratic (or Republican). Nonetheless, S&V would like the majority to rule on questions that should instead be decided on the basis of logic and evidence]. The whole notion of popular opinion (no matter what group) deciding a question that should rest on its merits (or perhaps even a modicum of data) is madly preposterous. Even more importantly, though, the majority of the best minds can be outrageously wrong.

    For example, Robert McNamara has repeatedly described the counsel of LBJ’s “Wise Men” on Vietnam [In Retrospect: The Tragedy and Lessons of Vietnam (1995), pp. 196-198, 229, 309-311]. In the end, though, their advice was an utter disaster. The rioters in the streets were closer to the truth than were these “Wise Men.” Barbara W. Tuchman has also chronicled the pervasive lunacy of government [The March of Folly: from Troy to Vietnam (1984)].

    S&V wonder why conspiracy theories come to be accepted, so they discuss the role of information (p. 11), the role of famous believers (p. 12), group polarization (p. 13), selection effects (p. 13), and the “… shared sense of identity and … bonds of solidarity” (p. 13). These too, though, have all the hallmarks of our national (secular) religion, though S&V seem not to notice. Moreover, at this juncture, they should at least have offered slight obeisance to the classic study of groupthink by Irving Janis [Victims of Groupthink: a psychological study of foreign-policy decisions and fiascoes (1972)], which was a pioneering venture into these matters and is still highly relevant.

    S&V conclude that the government should use “counter-speech” to discredit conspiracy theories (p. 14). In view of S&V’s crippled definition and their agnostic position on truth versus falsehood, the reader might well ask if this applies to true theories as well. They propose that the government hire credible parties to engage in counter-speech. Of course, that has already been tried – nearly since the beginning of the CIA. Carl Bernstein has reported in detail on these collaborations between the media and the CIA. [See “The CIA and the Media,” Rolling Stone (October 20, 1977), by Carl Bernstein, or visit http://tmh.floonet.net/articles/cia_press.html.]

    Bernstein discovered that 400 journalists had worked for the CIA over a 25-year interval. This included distinguished reporters and even Pulitzer Prize winners. Media executives who collaborated included William Paley of CBS, Henry Luce of Time, Inc., Arthur Hays Sulzberger of the New York Times, and James Copley of the Copley News Service. Other cooperating companies included ABC, NBC, Associated Press, United Press International, Hearst Newspapers, Scripps-Howard, Newsweek, Reuters, the old Saturday Evening Post, and the New York Herald Tribune.

    James Jesus (sic) Angleton – who, as the chief Oswald stage-manager, is a suspect in the JFK assassination [see Oswald and the CIA: The Documented Truth about the Unknown Relationship between the U.S. Government and the Alleged Killer of JFK (2008), by John Newman; especially read “Epilogue, 2008”] – ran his own covey of journalist-operatives “who performed sensitive and frequently dangerous assignments. Little is known about this group for the simple reason that Angleton deliberately kept only the vaguest of files” [from “The CIA and the Media,” Rolling Stone (October 20, 1977), by Carl Bernstein]. This was a classic Angleton ploy. The CIA even ran its own training school for would-be journalists.

    S&V hope for a cadre of government agents (or their allies) to undermine the “crippled epistemology” of conspiracy believers (p. 15). But what if these very agents themselves have caused these “bad events”? [That federal agents have indeed acted illegally is well documented by Gerry Spence in From Freedom to Slavery (1995), pp. 27 and 50; also visit http://www.ruby-ridge.com/gspence3.htm.] Here is the central question: who will govern those who govern? Or is that not necessary in the world of S&V? But they do not dodge this question – in fact, they seem pleased to “assume” that the government is “well-motivated” (sic). Incidentally, an absence of oversight has already been attempted (and found sorely lacking) in the case of the CIA. [Both Harry Truman, who signed off on the CIA in 1947, as well as George Kennan, who initially sent up this trial balloon, later offered their most profound regrets.] The sequelae of this approach are spelled out in alarming detail in Legacy of Ashes by Tim Weiner.

    S&V insinuate (their syntax is a bit fuzzy here) that Bush spread a false conspiracy theory (p. 16). But we don’t need to guess about lying in the White House. Eric Alterman has extensively discussed lying in the White House – When Presidents Lie: A History of Official Deception and Its Consequences (2004). If presidents lie (they actually do), then what is it that guarantees that other government employees (or agencies) will tell the truth? Are they to be trusted more than the president? And, if not, who will supervise them? [S&V might also consult Official Lies: How Washington Misleads Us (1992), by James T. Bennett & Thomas DiLorenzo. Also see http://findarticles.com/p/articles/mi_qa5421/is_n4_v59/ai_n28628633/.]

    S&V bemoan the “crippled epistemology” of conspiracy believers. Ironically, they themselves suffer from a profound, even mortal, wound in their own epistemology – i.e., they persistently ignore the difference between lies and truth, as we have repeatedly seen here. How could an epistemology be more “crippled” than that? Until S&V provide reliable guidelines for extricating truth from lies they can offer absolutely zero assistance in our ongoing conflict with terrorism. [The scientific method has been around for a few centuries and is generally considered reliable for finding truth, unless, of course, one is a postmodernist of a certain type. S&V seem virtually oblivious to its existence. On the contrary, those of us who have researched the JFK assassination (see Fetzer’s books and Horne’s five volumes) have been striving to expurgate rumor and speculation and instead substitute an objective and scientific foundation.] And, until S&V can learn from our prior experiences with “counter-speech” – as has been demonstrated by the CIA-media collaboration – they can scarcely expect an enthusiastic reception for their views. As Geog Wilhelm Friedrich Hegel sagely stated, “What experience and history teach is this – that people and governments never have learned anything from history, or acted on principles deduced from it”[http://www.marxists.org/reference/archive/hegel/works/hi/history2.htm]. Or as Shakespeare succinctly put it, “The past is prologue.” [This is a paraphrase from The Tempest, Act 2, scene I, 245-254; the paraphrase is inscribed above an entrance to the National Archives I, an entrance that I first took to view the JFK autopsy materials.]

    Rancho Mirage, CA January 27, 2009


    Addendum

    Immediately after writing the above review I discovered a current article by Glenn Greenwald [“Obama confidant’s spine-chilling proposal,” by Glenn Greenwald (January 15, 2010) at http://www.salon.com/news/opinion/glenn_greenwald/index.html?story=/opinion/greenwald/2010/01/15/sunstein]. He claims that Sunstein’s proposal is ” … itself illegal [underlining in the original] under long-standing statutes prohibiting government ‘propaganda’ within the U.S., aimed at American citizens.” I quote further from Greenwald:

    As explained in a March 21, 2005 report by the Congressional Research Service, “publicity or propaganda” is defined by the U.S. Government Accountability Office (GAO) to mean either (1) self-aggrandizement by public officials, (2) purely partisan activity, or (3) “covert propaganda.”  By covert propaganda, GAO meansinformation which originates from the government but is unattributed and made to appear as though it came from a third party.

    Greenwald notes that Sunstein acknowledges that some “conspiracy theories” previously dismissed as false have turned out to be true. Sunstein’s examples were (1) CIA mind control experiments with LSD [as is typical of them, S&V do not cite an excellent reference (quickly plucked from my bookshelf) – Journey into Madness: The True Story of Secret CIA Mind Control and Medical Abuse (1989), by Gordon Thomas], (2) DOD plots to commit terrorism within the US with intention to blame Castro [see Body of Secrets (2001), by James Bradford], and (3) the White House bugging of the Democratic National Committee.Sunstein claims that the extraordinary powers in his proposal would only be ” … wielded by truly well-intentioned government officials who want to spread The Truth and Do Good – i.e., when used by people like Cass Sunstein and Barack Obama.” [The quote itself is actually from Greenwald.] Greenwald next quotes directly from S&V’s article (p. 15):

    Throughout, we assume a well-motivated government that aims to eliminate conspiracy theories, or draw their poison, if and only if social welfare is improved by doing so.

    We can now discern a pattern in S&V: they are glib at offering proposals, but absolutely abysmal at offering concrete guidelines for implementation. As we have observed, their chief oversight is a conspicuous hiatus in their definition of “conspiracy theory” – it did not even recognize the difference between truth and falsehood. And here is a similar faux pas – they offer no principles or procedures for identifying exactly who is “well-motivated.” But there is a further problem. Even if trustworthy guidelines could be established, and such an individual (or group) identified, those conditions would only have been met at that singular point in time. In particular, what happens if this individual (or group) later becomes corrupted? (Recall Lord Acton.) In that case, who will notice the corruption – and will also have the courage to wave a red flag? This recalls my prior question: Who will govern those who govern? But we are still not done with the above quote from S&V. The following question inevitably arises as well: Should the government truly attempt to quell conspiracy theories that are true, if in doing so they improve social welfare? This begins to sound like George Orwell (Nineteen Eighty Four (1949), p. 32).

    But there is yet one more question that S&V do not answer: Who decides whether or not “social welfare” is truly enhanced? What yardstick is to be used? Or is this merely subjective, based on someone’s opinion? If so, who will decide: Will it be a Democrat – or a Republican? Or a joint Congressional Committee? Or perhaps the National Security Council? Perhaps even the CIA? Without a clear-cut yardstick, S&V’s entire whimsy could quickly degenerate into politics as usual.

    After all of this discussion, though, the bottom line is this: S&V’s proposal is both undemocratic and retrogressive; it lacks oversight, is clearly subject to mind-boggling subjectivity, is easily at risk for abuse and exploitation – and may actually be illegal. I would suggest that S&V wipe the slate clean and run home. They may well be qualified for projects of many kinds, but this one is not among them.

  • Joan Mellen, Jim Garrison: His Life and Times, The Early Years


    This book is clearly the direct offspring of Joan Mellen’s heavily edited 2005 volume on Jim Garrison’s JFK investigation, A Farewell to Justice. I reviewed that book after it came out. One of the several criticisms I made of it was that although it had previously been heralded as a full biography, it was nothing of the sort. Mellen heard that complaint. And from the many pages cut out of that book, she culled this one. The complete title is Jim Garrison – His Life and Times, The Early Years. In other words, this covers the DA’s life prior to his delving into the John Kennedy assassination. From that complete title, I wonder if we can expect a follow-up volume, sub-titled “The Later Years”. Which naturally would trace his life from after Judge Christenberry stopped Garrison’s perjury prosecution of Clay Shaw, until the end of Garrison’s life.

    The book is valuable if only because there is no other biography of Garrison available. But actually I think it is a better book than A Farewell to Justice. At least I enjoyed it more. One reason being that the story line is simpler. Therefore Mellen does not have to juggle different time frames, locales and characters seemingly simultaneously. Which she did a poor job of in the previous attempt. Also, since it does not deal with the JFK case, Robert Kennedy is nearly absent. So thankfully we don’t have to put up with her uncontrollable anti-RFK venom. Finally, since it does not deal directly with the JFK case, we are spared all those dubious Cubans like Angelo Murgado who Mellen finds so fetching.

    But there are faults left over from that seriously disappointing book. Mellen still throws a lot of sexcapades at the reader. Some of them she actually repeats from the first book. (Although this time around we are gladly spared a description of the shape of Garrison’s penis.) And at times, although not as often as in the first book, there are interesting and relevant bits of information that go undocumented. And finally, although the book is working in a much simpler genre than the in depth investigation of a complex crime, Mellen never reaches any kind of dramatic or poetic resonance in the text. In other words, although the prose doesn’t get in the way like the first time around, the quality of it is – too be charitable – workmanlike. Because of the simpler task, it should have been better than that.

    The book contains a rather interesting introduction. After her first Garrison book, Mellen met a man named Don Deneselya. Deneselya had worked as a translator for the CIA in 1962. Contrary to what the CIA has maintained, Deneselya told Mellen that Oswald had been debriefed by the CIA on his return from Russia. It was by a man named Andy Anderson. The CIA was very interested in the Minsk radio plant where Oswald worked during his residence there. Deneselya reported to Robert Crowley, a close friend and colleague of James Angleton. Crowley handled the Robert Webster defection and Anderson, according to Deneselya, also reported to Crowley. According to this source, Oswald was part of the false defector program and was therefore working for the CIA’s Counter-Intelligence unit. (pgs. xi, xii) Deneselya maintains he actually saw the Anderson report on Oswald. Yet Oswald was not actually named in that report. But the context and description, which Deneselya was familiar with, made it clear it was he.

    Deneselya talked to both Richard Schweiker and the House Select Committee on Assassinations (HSCA) in the late seventies. (p. xiii) In his HSCA report, he describes his job in detail. It was maintaining files on all technical and scientific industries in Russia, which is why he was interested in the Minsk plant. Oswald gave the CIA a detailed briefing about the Minsk plant. Deneselya appeared on the infamous 1993 PBS Frontline special on Oswald. But his voice was drowned out by that of Richard Helms. The former CIA Director denied the Agency ever debriefed Oswald. What the show’s reporters – Gus Russo and Scott Malone – did not tell the public is that former intelligence analyst John Newman was on the set the day Helms issued his denial. When the camera was turned off, Newman leaned over to Helms and said, “Mr. Director, what would be so bad about the CIA interviewing Oswald on his return from Russia? I mean isn’t that what they were supposed to do? Doesn’t it therefore look bad if you say you didn’t?” Helms thought it over a bit. He then told the cameraman to start rolling again. This time he would say that the Agency did debrief Oswald. Of course, the program director did not take him up on that offer. Because PBS was in the tank for the Agency on that one.

    I

    One of the things the book does is to show just how wildly hatchet wielding Pat Lambert’s biographical sketch of Garrison’s childhood was. In her god-awful book False Witness, Lambert spent page after page going after Garrison’s father. Earling had an alcohol problem and a criminal record. The latter which Lambert noted in long and wearisome detail. It was a clear attempt at guilt by bloodline. What Mellen states though counters all of that. Jane, Garrison’s mother, left Earling when young Jim Garrison was barely six years old. (p. 5) After that, Garrison never saw Earling again. He did look him up many years after his death. And the son broke down when he noted that the authorities had written on a legal document that his father had “no family”. (p. 225) So Lambert’s cheap smears are just that.

    Jane Garrison moved the family from Iowa to New Orleans. While there, young Garrison attended Alcee Fortier High School, class of 1939. He did not play sports but he did participate on the debate team. And he found there his first romantic interest, a girl named Peggy Baker. He would often go to her house after school and stay there until he had to go home. The Bakers became a sort of surrogate family for Garrison. (p. 12)

    As a senior in high school, Garrison joined the National Guard. (p. 13) He then entered Tulane. But with war clouds on the horizon, he dropped out after his freshman year to join the service. It was a European artillery unit in the army. It was here that Garrison had the misfortune to meet Pershing Gervais. (pgs. 15-17) Mellen clearly implies that Gervais – a man of bawdy humor and street smarts – filled a father vacuum for the young Garrison. And Garrison was so charmed by Gervais, that they stayed friends and colleagues for almost 30 years. Even though Gervais was a terrible influence on the future DA. Although Mellen does not come out and say it, this unwise relationship clearly shows an early character flaw in Garrison which the DA never corrected: a blind trust in people he considered friends who really weren’t his friends. This trait would be magnified many degrees during his JFK investigation and would be fully taken advantage of by the likes of Bill Boxley, Bernard Fensterwald, and Herve Lamarr. (The last was the French intelligence operative who introduced Garrison to that clever diversionary product entitled Farewell America.)

    While in the service, Garrison flew very low altitude surveillance planes nicknamed “grasshoppers”. These were meant to spot artillery targets. They were very dangerous to fly and had high fatality rates. (p. 17) Toward the end of the war, Garrison was in one of the first details to liberate the German concentration camp at Dachau.

    In 1945, Jane Garrison married a man named Lyon Gardiner. (Garrison named his lawyer son, nicknamed Snapper, after his stepfather.) In 1946, the future DA entered Tulane Law School. (p. 21) Coincidentally, one of his teachers was Leon Hubert, who would later serve on the Warren Commission. In law school, Garrison began to show symptoms of his military service. He would suffer from dysentery and serious back problems for the rest of his life. (p. 25) While in law school, Garrison’s first love Peggy Baker got married. Although invited, Garrison did not attend the ceremony. But he did attend the funeral services of both of Peggy’s parents.

    Garrison graduated from law school in 1949. He later decided to get a Master’s of Civil Laws, which he did. In 1950, he tried his hand at writing short stories. (One of these was ironically called, “The Assassin”.) He then joined a big name law firm called Deutsch, Kerrigan and Stiles. But being part of a firm bored him. So he decided to join the FBI in the Pacific Northwest. Namely Seattle. But when the Korean War broke out, Garrison reenlisted in the service. But the memories of the dangerous grasshopper flights haunted him and flooded his consciousness. On his first day at Fort Sill, he reported to sick call. He was placed “on quarters” for two weeks and dismissed in October of 1951 due to battle fatigue. (pgs. 35-36)

    Returning to New Orleans, Garrison now broke into politics. Eberhard Deutsch (who Garrison named his last son after) introduced him to the Mayor of New Orleans, a man named DeLesseps “Chep” Morrison. Impressed by young Garrison, Morrison appointed him to the Public Safety Commission to govern over Traffic Court. (p. 41) The young lawyer did a bang up job. Unlike his predecessors, he took refusals to appear in court seriously. So he jacked up the fines for doing so and he pursued those who did not pay. He even got a bill passed to suspend the licenses of habitual offenders. As a result, in just one year, revenue from traffic fines nearly doubled. (ibid) And in his first run in with local judges, he assailed Judge Sperling for being too soft on failures to appear. Garrison was so successful that a new separate traffic court now opened with its own judge. (p. 44) Garrison turned down the judgeship. He told Morrison he would rather be appointed as an assistant on the District Attorney’s staff. Which he was. And he confided to a friend at the time that his ambition was one day to be the DA of New Orleans. (ibid)

    II

    In the discussion of Garrison’s years as an assistant DA – 1955 to early 1958 – the book disposes of another piece of disinformation. Namely, that Garrison never tried any cases in that position. I should add here, this was a canard that was deliberately made up after 1967 to smear the DA. The overall idea was to have compromised “journalists” like James Phelan, Hugh Aynesworth, and Edward Epstein – among others – do a hatchet job on Garrison’s inquiry. And the media barrage would spill over into character assassination against the DA. One way this was done was to paint Garrison as a wildly irresponsible public servant who was abusing his office. To do this, the purveyors had to insinuate that even as an assistant DA Garrison was not trusted by his superiors to handle a case in court. I should add, Clay Shaw’s lawyers were still bandying about this goofy deception – in 1994! I know this for a fact since Irvin Dymond, Shaw’s lead attorney, tried to dump it on me and Bill Davy in his office at that late date.

    The book proves this was nothing but part of the brutal propaganda campaign to caricature Garrison. In that effort, history was rewritten, the record was falsified. And the lawyers in New Orleans, like Dymond, must have known this. Because the truth is that Garrison handled many cases as an assistant. And of a wide variety: burglary, lottery operations, prostitution, homicide and fraud. (pgs. 44-45) And since another lawyer Dymond was allied closely with at the time of the Shaw trial – Milton Brener – actually worked with Garrison in the DA’s office at the time, it strains credulity to say that Dymond was unaware of this. This is now exposed as another deliberate lie by Shaw’s defenders.

    Mellen also describes just how bad the New Orleans Police Department was in the fifties. The force was being paid off in a protection scheme regularly every Friday. Gervais, who worked on the force at the time, actually stole the envelope twice. (p. 47) He was actually suspended for this “offense” for sixty days. He eventually resigned his position and became a bar owner. As we shall see, the people providing the funds were the owners and operators of the B girl clip joints that Garrison was going to bust up in the next decade. As the book notes, this would hurt his JFK investigation in two ways. First, because he had deprived them of a source of ill-gotten gain, the police would generally not support him. Which is one reason why Garrison went elsewhere for field investigators. Second, many of those people who lost money due to his vice campaign were not eager to help Garrison identify Clay Bertrand as Clay Shaw. Even though they knew they were one and the same.

    Mellen also sketches in the background of Aaron Kohn. Kohn was forced to leave the FBI when the Bureau raided a bordello he was frequenting at the time. (p. 49) He then moved to Chicago where he became chief investigator for the city’s anti-crime committee. He was thrown out of Chicago when accusations of his bribing of police officers arose. (ibid) Kohn now made New Orleans his last stop. To gain favor with Mayor Morrison he lied about his record in the FBI. He said he was an assistant to J. Edgar Hoover and had helped organize the Bureau’s National Academy. Hoover called thee claims “poppycock” when he heard of them. Kohn actually worked in the fingerprint department. (p. 49) But to garner more media attention Kohn lied further and said he did important work on both the Ma Barker and John Dillinger cases. (ibid) In reality, he made an error on the latter case and was reprimanded for it.

    But no one called him on his exaggerated, phony history and so he built the Metropolitan Crime Commission into his own little local FBI. He recruited a network of informants, which included Gervais. (p. 50) Mayor Morrison backed Kohn for one reason: self-preservation. New Orleans was so plagued by police corruption, prostitution and bribery, that the state government had threatened to come in and clean up the town. Kohn was Morrison’s fig leaf. (p. 48) But Kohn was a cheap grandstander even way back then. For example, when he could not get the grand jury to indict someone, he – with a straight face – accused a juror of frequenting a bordello. I turned out he was painting the place. Kohn was sent to jail for contempt for ten days because of this. (p. 52)

    One of the people new on the scene who also worked with Kohn briefly was none other than Guy Banister. Banister was also in touch with the Senate Internal Security Subcommittee (p. 51). This was a rightwing Senate version of the House Un-American Activities Committee. Bitter JFK enemy Thomas Dodd would eventually helm the SISS. And it would use New Orleans intelligence asset Ed Butler to testify about Lee Oswald in the wake of the JFK murder. As Ed Haslam reveals in his book on Mary Sherman, Butler ended up with many of Guy Banister’s storied files. So this rightwing, New Orleans intelligence network – which would eventually employ Oswald – was being built and manned almost a decade earlier.

    After three years in the office, Garrison had made first assistant by 1958. Around this time, he also unsuccessfully ran for the office of City Assessor. (p. 59) Also at this time, Garrison did something chivalrous that would foreshadow the risk he took on the JFK case. Garrison had made first assistant under DA Malcolm O’Hara. When O’Hara ran for reelection in 1958 and won, there were charges of voter fraud. As first assistant, Garrison supervised the investigation of the charges for the grand jury. He promised to leave “no stone unturned”. (p. 61) Incredibly, he kept his promise. Why is it incredible? Because it cost him his job. His inquiry caused the election to be overturned and Richard Dowling was declared the new winner. In these days of Katherine Harris, this kind of heroism seems almost nostalgic.

    Since he forced himself out of the DA’s office, Garrison now went into private practice. He specialized in personal injury, and he did many cases for free. Even though he was not close to being well off. (p. 65) In 1960, Garrison lost another race. This time for a judgeship. After this, he eventually migrated into the City Attorney’s office. (p. 69)

    From his vantage point in the City Attorney’s office, Garrison had a close view of Dowling’s operation. He didn’t like it. Dowling sold off cases. In fact, David Ferrie bought one for five hundred bucks. (p. 71) Garrison and two friends decided to run for DA to clean up the office. Whoever lost pledged to support the winner in the run off. (p. 73) In a televised debate in January of 1962, Garrison did well and won the endorsement of the New Orleans Times Picayune. (p. 76) Garrison lost the primary to Dowling by a mere two thousand votes. And this positioned him very well for the run off. His old pal Gervais helped him out. He furnished letters showing that Dowling had been accepting contributions from strip club owners as part of a shakedown racket. (p. 81) In March, Garrison defeated Dowling by 7,000 votes. He had fulfilled his ambition of a decade earlier. He was now the DA of New Orleans.

    III

    Once in office, Garrison lived up to his word and began making reforms. He allowed no police beatings of African-Americans. Refusing to enter into an alliance with the Bishop, he prosecuted priests for soliciting sex and child abuse. He vigorously pursued illegal lottery operations. (p. 98) He brought the first female into the office, a woman named Louise Korns. And he went after Dowling for selling off cases. (p. 100)

    But Garrison also made mistakes. After hiring Lou Ivon and Roy Comstock as investigators, he then hired Gervais as an investigator. He also tried to have friendly relations with the grandstanding Aaron Kohn. (p. 99)

    Although a biography of Garrison until 1967, the book reveals some interesting information about the Kennedy case. Eugene Davis, a denizen of the Quarter and known as a homosexual pimp, referred more than one person to Dean Andrews for legal services. Andrews once said that Oswald’s buddies hung out at the Gaslight Lounge. Another source, Hardy Davis, stated that Oswald hung out with a homosexual clique. (pgs. 107-108) This is all perfectly consistent with Dean Andrews’ original story of Bertrand/Shaw sending Oswald to see Andrews with the “gay Mexicanos”. (There is even a hint in Andrews’ Warren Commission testimony that Bertrand/Shaw accompanied Oswald on a visit to his office. WC Vol. 11, p. 334) Another interesting aspect revealed here is that Burton Klein was a former law partner of Dymond. (p. 99) Since, as Richard Helms has stated and Bill Davy has proven, Dymond and Shaw’s lawyers were getting help form the CIA, this explains how Klein came to represent people like Gordon Novel and Sergio Arcacha Smith. Although, as shown above, Dymond would never admit that fact.

    One of the highlights of the book is the detailed description of Garrison’s relentless campaign to clean up Bourbon Street. Garrison was determined to stop the practices in the bars of suckering a tourist – spelled prospective “John” – into buying an expensive bottle of booze with the promise of sex to come. This racket was profitable since the split was 2/3 for the house and 1/3 for the “B” girl. Further, when drinking by the glass, the girls’ drinks were always diluted. In fact, at times, when the John was drunk enough, the girl’s drink was replaced with water. (p. 112) And make no mistake, the girls were told to lead the poor dunce on by telling him that she would meet him afterwards. Which they did not. (p. 113) Up until Garrison, the whole racket was condoned by the police. But beyond that, some corrupt cops took a split of the action. (p. 114)

    In May of 1962, Garrison began his clean-up campaign. He said that he was going to end the racket at all costs. He did not trust the cops so he hired his own undercover agents like Joe Oster. Once the undercover agent busted someone, Garrison took the case to civil court where he could get harsher penalties. At the campaign’s pinnacle, Garrison shuttered nine clubs in two days. Seven clubs were shut down permanently. (p. 116) Garrison garnered a large amount of publicity at this time both locally and nationally. So much so that the mayor and city council had to endorse what he was doing. Even though the merchant class in the French Quarter was being killed by Garrison’s merciless campaign.

    As noted above, this crusade had two future negative effects on Garrison’s Kennedy inquiry. The weird stories, circa 1968, about Garrison being gay and a cross-dresser originated over the resentment about the punitive damages Garrison had inflicted on the Quarter. (p. 117) And secondly, witnesses who knew Shaw was Bertrand would not come forward out of spite for what the DA had done. Professional web propagandist John McAdams likes to note an early report by Lou Ivon to Garrison saying that he had developed no leads yet as to who Clay Bertrand really was. Any idiot – except McAdams – can read Garrison’s book and note that Ivon realized that having Garrison personally in on the search would back bar owners off from helping them identify Bertrand. (On the Trail of the Assassins, p. 84) But once Ivon convinced Garrison he was a detriment, they did get an ID of Bertrand as Shaw. (ibid p. 85) In fact, as Bill Davy notes in his wonderful book on Garrison, even the FBI knew that Bertrand was Shaw’s alias. (Let Justice Be Done, p. 76) And when the HSCA re-investigated New Orleans, Detective L. J. Delsa discovered that Shaw’s use of that alias was common knowledge. (Ibid, p. 293) What Garrison obviously underplayed in his book was that it was his early vice campaign that caused the reluctance of many to come forward with what was well known. And in fact, Mellen talked to two witnesses – Rickey Planche and Barbara Bennett – who were explicit on this point. Namely that they knew Shaw was Bertrand and they would not tell Garrison because of the economic damage he inflicted on the French Quarter. (p. 117)

    IV

    As the reader can see, Garrison was not just waiting for the compromised police to bring cases to him. If he did that, the vice campaign in the Quarter would have never happened. He was actually doing his own investigations, creating his own cases. He did this out of a fines and fees fund attained by the courts. When Garrison took office, the total amount entailed was about a thousand dollars. In just a few months, Garrison’s aggressive prosecutions had increased it to $40, 000. Some of the other things Garrison used the money for were to improve the equipment the local coroner had and to buy cars for his investigative staff. He also did things like refloor the waiting room of the DA’s office to replace the drab trappings Dowling had maintained. The local Criminal Court judges had to sign off on the expenditures.

    Here developed a multi-faceted problem. Most of the judges favored having the police do investigations. (p. 125) Also, many were taken aback by Garrison’s new and bold approach. (ibid) Third, Garrison was not sensitive to the switch. Therefore many of his requests were very sketchy in nature, not fully informing the judges of what he was up to. (p. 127) Fourth, some people on the staff – like Gervais – did not keep vouchers or records of payments to informers. And this created an accounting problem. So in 1962, the judges decided to retaliate. First, they froze the fund, and second they dismissed a case against three Bourbon Street clubs. (p. 128)

    Garrison chose not to negotiate. He decided to engage the judges in open warfare. In October Garrison began a barrage against the Court. First he attacked them for taking too many days off. This allowed his docket to back up. He accused one judge, Bernard Cocke of taking Fridays off – which he did. (ibid) He then took out a personal loan to continue his clean up of the French Quarter.

    A peace conference was arranged. It failed. (p. 129) Garrison now escalated the rhetoric by wondering out loud if there was any connection between the bar owners and the judges. There was. Two of Garrison’s assistants had drinks with one of the judges, Judge Haggerty. (This is the justice who would preside over the trial of Clay Shaw.) Haggerty introduced the pair to Francis Giordano. Giordano, a Carlos Marcello associate, complained to them that when Dowling confiscated illegal gaming machines, he then returned them. But Garrison didn’t, why not? (ibid)

    On November 8th, the court charged Garrison with criminal defamation. They also changed the rules governing the investigative fund. Whereas before only one judge could sign off, now it took five of eight signatures to secure a withdrawal. They asked Garrison to apologize and withdraw his charge of criminal influence. (p. 130) Garrison refused. The case went to trial. Garrison’s lawyer asked for a jury trial. The judge refused. The fix was in. After the case was argued, Judge Ponder asked Garrison again to recant the racketeering charge. Garrison, who saw the case as strictly one of free speech, would not. Garrison lost the case. He said he would appeal. And now the case attracted national publicity. Almost all of it favorable. But Garrison lost again in the state appeals court. (p. 137) In April of 1964, the case went to the U.S. Supreme Court. The month before the court had decided the New York Times v. Sullivan case in favor of free speech. This greatly aided Garrison. The court, in an opinion written by Justice Brennan, sided with Garrison’s right to criticize public officials openly. Garrison always cherished this decision. And he spoke about it at more than one public event.

    But Haggerty never forgot either. When Garrison’s case against Shaw came up on the docket, he maneuvered to have it assigned to his court. (p. 143)

    After this victory, Garrison battled with the police and their reluctance to fully aid his campaign. In a brief respite, the DA and the police jointly agreed to raid two clubs operated by Carlos Marcello and his brother. The one Garrison raided was actually across the county line in Jefferson Parish. (p. 151) He did this to goad the Jefferson DA into action. He even attacked the state Attorney General for being lax on the county. William Davy buried this myth about Garrison avoiding Marcello in his vice crusade. But here it gets even more dirt thrown on it.

    In 1964, Garrison backed a dark horse for governor of the state. A man named John McKeithen. There were nine candidates running that year. McKeithen was considered in the bottom half of the field. Garrison took out a full-page ad in the Times-Picayune backing McKeithen. To everyone’s shock, except Garrison’s, McKeithen won. (p. 155) Garrison now had an ally in the state house. Everyone knew that now, if Garrison wanted to be Lt. Governor or Attorney General, the office was his. He never asked. According to a 1995 interview I did with assistant Bill Alford, he actually turned down the Lt. Governor offer when it came. At the time, he was too busy investigating the Kennedy case. So much for the idea that Garrison was using his JFK inquiry to promote his career.

    By 1964, Garrison had racked up a pretty impressive record. In addition to the French Quarter campaign and his victory over the judges, he had managed to make every assistant a full time position, no moonlighting in private practice. Courts were now open every Friday. There was stricter foreclosure on bail bonds. He requested more money for the Legal Aid Bureau. Any time an assistant or investigator was contacted by an attorney other than the lawyer of record, Garrison had to be contacted. (p. 158)

    His reforms produced results. In Dowling’s final year in office, he had tried 70 cases and lost 42. In about eighteen months, Garrison had tried 101 cases and won 86. (p. 159) A remarkable turnaround in such a short time.

    V

    We now come to the James Dombrowski case. Dombrowski ended up being a pawn on a large chessboard with which the dying remnants of southern racism tried to effect one last power play as they saw the end nearing. The idea was to smear integrationists as Communists in order to delay and hamstring their efforts. Jack Rogers and James Pfister of the Louisiana Un-American Activities Committee (LUAC), along with Senator James Eastland and also J. Edgar Hoover, backed this strategy.

    Dombrowski was not a communist, but a communist sympathizer. And he did back the effort to integrate the south. But since he was not an actual Communist, the technique of tying him into the International Communist Conspiracy emanating from Moscow was not going to work . So the LUAC worked to get a state law passed entitled the “Subversive Activities and Communist Control Law”. ( p. 162) And it was under this pretense that the state police arrested Dombrowski, along with his colleagues Ben Smith and Bruce Walzer.

    As the book notes, the law was not evenly applied. If it was, then Lee Oswald could have been arrested under the same act. But the point was that Oswald did not play up integration as a cause. And the whole idea was to paint the civil rights movement with a red brush. Now state Attorney General Jack Gremillion knew that Garrison, a staunch first amendment backer, would not want to be part of any such effort. This is why the state police executed the raids, and why Garrison’s office was not alerted to them in advance. (p. 165) In fact, speaking of the arrests, Garrison went on the radio and said, “There is always a danger, particularly in fighting communism, that we may end up imitating communism.” (ibid)

    The LUAC delivered the evidence secured from the raid to Sen. Eastland of Mississippi. Even though Dombrowski’s civil rights organization was located in New Orleans. Garrison’s office did as little as possible to help as the case went through the both state and federal court. For instance, Garrison said that the actual warrants were made out improperly. (p. 166) But clearly, Gremillion wanted Garrison’s office to take over the prosecution since Dombrowski’s organization was located in New Orleans. But the charges were ridiculous. One was participation in the management of a subversive organization. Yet Dombrowski’s organization was not on the USA’s list of Communist front groups. Which of course, cancelled the second charge. Which was being a member of a Communist front organization. The third was operating within state lines for five days without registering with the Department of Public Safety. (p. 164) It was all a sham. The law was clearly unconstitutional. Local Criminal Courts Judge Bernard Cocke ordered all three men released on grounds of insufficient evidence. Afterwards, Garrison made clear he had gone through with the formality of a hearing only because there was no evidence to present. And he also added, he was very concerned about the arrests of the individuals, believing the LUAC was out of line. (p. 165) He later added, even if Dombrowski was a Communist, he could not be part of a conspiracy since he was the only one in the city. (ibid)

    As the case made its way upward on appeal, Garrison followed the same strategy: to evade, circumvent, and contribute as little to the prosecution as he could. For instance, he demanded that Eastland, in Mississippi, deliver all the documents seized from the Dombrowski office. Which he knew Eastland would not do. But eventually, in January of 1964, Garrison’s office had the three men indicted. The men did not hold it against Garrison, understanding it was all the Attorney General’s show. But the judge ruled the warrants were illegal and therefore the evidence seized was inadmissible. (p. 167) The case proceeded to the US Supreme Court with Garrison as the defendant. His office wrote an apologetic brief showing how the case was not handled through their office, but putting up a fig leaf defense of state’s rights. The Supreme Court ruled against the DA and used his own previous case against the local judges as a precedent. The lawyer for Dombrowski was Milton Brener, obviously no fan of Garrison. But even he admitted that Garrison’s office participated by rote, doing the “absolute minimum.” (p. 169) Jerry Shinley is a rather responsible critic of Garrison, as opposed to the virulent chemical imbalance inherent in say Patricia Lambert or the John McAdams appendage Dave Reitzes. (An interent troll who Rex Bradford actually links to.) Shinley uses this case to criticize Garrison. To me it’s a judgment call, and a relative one at that. If Garrison had not participated, Gremillion would have probably stepped in. And things would have been worse. So Garrison did what he could to lose a case he wanted no part of.

    Relieved of a case he wanted no part of, Garrison now went after the legal establishment over the sale of paroles in Louisiana. Garrison had found an informant named John Scardino who told him about how two of his criminal friends had purchased paroles for $3,500. Garrison demanded an open hearing on the issue. The state Parole Board went to court to stop the hearing. They failed. But they then tried to ban the press. (p. 171) Once the hearing was on, Garrison’s first question to a Parole Board member was “When did you start taking bribes?” Scardino testified and Scardino’s friend who purchased a parole answered a few questions before pleading the Fifth Amendment. (p. 172) The local press praised the DA. Thirteen lawyers resigned the Criminal Courts Bar Association upon hearing Garrison’s evidence. One prominent lawyer said that Garrison was now in a position to begin an exceptionally promising career. (p. 173)

    Which he threw away once he entered the Kennedy case.

    VI

    As I wrote previously, William Davy essentially pulverized the phony accusations that Garrison was somehow tied in with the Mafia and was covering for Marcello in his pursuit of the CIA. Mellen reveals something here that is quite relevant to that ersatz charge. If this were to have any truth to it, then Garrison must have been interested in being paid off for creating a phony sideshow. But Mellen presents something that completely vitiates this entire pretense. After McKeithen was inaugurated, he was eager to show his thanks for what Garrison had done for him. So he offered Garrison a state bank charter. Which, of course, would have made Garrison a very rich man. Garrison turned it down! McKeithen couldn’t believe it. (p. 173) But after he recovered, the governor awarded it to one of his other backers. Who promptly turned around and sold it for $750, 000. The equivalent of 2-3 million today. The governor then offered him a position as legal representative of a Savings and Loan. A desk job that would have made him a lot of money. Garrison turned that down also. McKeithen then offered him state business as part of a large law firm that would later make him managing partner when he retired. He turned that down also.

    In light of all this, how could Garrison even think of taking illegal bribes from the Mafia, when he would not take much larger amounts legally, and in the open? With the obvious answer to that question, writers like John Davis have never looked more stupid. Or dishonest.

    In 1965, Garrison was at the height of his power and popularity in New Orleans and in Louisiana. He issued a Report to the People. One of the achievements of his office that year was that it prosecuted 22 jury trials on capital offenses without one acquittal. Both Kohn and the Times-Picayune praised his work in that report. (p. 195) He actually thought of running for mayor. And in fact, with huge irony, the wealthy Stern family offered to back him. These were the owners of station WDSU who would later do all they could to save Clay Shaw.

    Garrison did not run for mayor but for DA again. Although Garrison made even more reforms to the office, he still employed Gervais. But Gervais’ reputation had become so bad that he had to resign before election day. Which he did, or Garrison may have lost. (p. 205) After this victory, Garrison revealed that his ambition was to eventually be a senator. (pgs 211-212) This, of course, was derailed by the Kennedy investigation.

    At the beginning of his second term, Garrison was still blazing trails for a New Orleans DA. He started to prosecute the state legislature for bribery. (Actually this started right before his re-election.) He favored strong gun control laws, which put him up against the powerful National Rifle Association in their bastion of the south. He also wanted to cap usury rates at 16% for finance companies. (pg. 215)

    The book makes a potent character point about Garrison at this time, which is right before he is to embark on his quest for President Kennedy’s true killers. Although Garrison was a reform DA, and relatively bold and honest for New Orleans, he was actually a moderate overall. For instance, he was anti-ACLU. He once said that it had “drifted so far to the left that it is now almost out of sight.” (p. 217) And he also favored the Cold War. In a speech he said that the US had to act against Communist aggression in places like Korea and Vietnam. (p. 208) This is an issue I discussed with Lyon Garrison, who is also an attorney, at one time. After studying Garrison’s career I had come to the conclusion that in 1966 he was actually a moderate. It was the Kennedy case that radicalized him forever. Lyon agreed with me.

    The book ends with the famous Linda Brigette case. Brigette, a local stripper, had been arrested for obscenity. This was a charge that, since Garrison was so much a believer in the First Amendment, he was hesitant to prosecute. So he requested a pardon for her 230 day sentence. Governor McKeithen granted it. Kohn used this case to go to war with Garrison. (p. 227) And this was the beginning of the false accusation of Garrison being in cahoots with Marcello. If you can believe it, it started over Brigette. The great Archives researcher Peter Vea once sent me his work on this case. In checking the timing – the case extended into late 1966 – Peter had come to the conclusion that Kohn’s nutty brouhaha over a stripper was really motivated by his knowledge that Garrison had secretly reopened the Kennedy case. And knowing what the FBI knew about Oswald, he was protecting his old employer. Mellen partly confirms this by revealing that Kohn had found out about Garrison’s inquiry through journalist David Chandler. Chandler was a friend of Garrison’s who turned on him at the request of his part time employer Life Magazine. In fact, Kohn had issued a report on Oswald through the MCC within a week of the assassination. It presaged the Warren Commission in its conviction of Oswald. When an HSCA investigator asked him where he got all the information and the photos of Oswald, Kohn replied that he had his avenues. He was clearly suggesting the Bureau. (p. 234)

    Right around this time period, when Garrison was launching his investigation of the JFK case, he crossed paths with the dismissed Gervais. Gervais had heard that Garrison was interviewing Jack Martin about David Ferrie. He warned his old Army buddy that this one would not be worth it. (p. 236) He told Garrison he was signing onto a suicide mission in which he would be telling the whole world the federal government was lying. Gervais was not one to sign up for, as he termed it, “kamikaze missions”. As he said, “I have acquired this habit of breathing.” But Garrison, who had gone after the Criminal Courts judges, the Parole Board, and the state legislature, was not about to back down. As he told Dutch television during his investigation, “Nothing else matters.” And in fact, in giving up the Lt. Governorship, and his dream of running for the Senate, it didn’t. And it stayed that way until his death.

    With all the reservations I made at the beginning, this book brings you closer to the real Jim Garrison. Not the deliberately and grossly distorted caricature that the MSM made him out to be. The real Jim Garrison was nothing like that. It was all a cruel campaign over the politically charged Kennedy case. Which Garrison was willing to risk losing his promising future for. And he did.

    It’s hard not to like a guy like that.


    Read James DiEugenio’s review of Joan Mellen’s 2005 book of Jim Garrison’s JFK investigation, A Farewell to Justice.

  • William Turner, Rearview Mirror


    Is Bill Turner the most valuable journalist now writing? Is he the most underrated? His new book certainly seems to advance those arguments. Rearview Mirror is a memoir of Turner’s professional career since his enlistment into the FBI as a young man in 1951. It then takes us through his resignation about ten years later and his attempt to expose J. Edgar Hoover’s inefficient and public-relations minded FBI regime. The book then highlights Turner’s journalistic career, first at Ramparts and then as an independent journalist and author. When one looks at the books and articles that have come from that career, Turner’s stature seems to me to be quite high. In an era when the left values such people as Alex Cockburn and right exalts writers like Bill Kristol, Turner seems an undervalued jewel. Consider some of his achievements. Hoover’s FBI was one of the earliest and best exposures of the hollowness of J. Edgar Hoover’s tyranny of the Bureau. Power on the Right was an early look at the then eccentric and relatively sparse religious right that would later, under men like Jerry Falwell and Pat Robertson, become a political juggernaut. His book, The Police Establishment, showed how conservative and connected to the FBI your supposedly independent local police force was and is. His two major articles on Jim Garrison in Ramparts were perhaps the two finest short pieces written on the investigation at the time. (And his unpublished book on that probe is also a quite creditable effort.) The Fish is Red (later reissued as Deadly Secrets) is still the best volume on America’s extended aggression against Castro’s Cuba. And his 1978 book The Assassination of Robert F. Kennedy is also the finest volume yet produced on that tragically ignored political murder. Can any other living journalist equal such a record of high achievement on so many divergent and important topics? If so, I can’t think of one. And I should add that in my view it is one of the top ten books written on any of the assassinations of the sixties, a comment that takes in a lot of ground.

    And when one considers the fact that most of the volumes above stand independent of Turner’s newspaper/magazine output, his achievement is even more impressive. And I for one cannot ignore the fact that Turner is a fine writer whose phrasing is always smooth, easily digestible, and, at times, quite felicitous. This quality makes the, at times, complex issues he discusses e.g. the Manchurian Candidate aspects of the RFK case, much more easy to understand and even assimilate. In a field where one has to wade through the obstructionist prose of some, to be kind, untalented writers, Turner’s books are like driving on a California freeway at four in the morning. Cruise control.

    Rearview Mirror is structured as a chronological memoir. It begins with his unsuccessful battle to expose Hoover’s hollowness, a battle that secured turner’s eventual departure from the Bureau. Turner was one of the earliest insiders to complain about Hoover’s blindness to the powers and influence of organized crime in America. Turner and a friend of his, Skip Gibbons, did all they could to get a public hearing to air their gripes about Hoover. They tried at a Civil Service Commission hearing, they tried for an audience with Attorney General Robert Kennedy, they tried to get to political stalwarts like Estes Kefauver and Jacob Javits in the senate. Almost of necessity, because of Hoover’s long reach and unseemly tactics, it was fruitless. And because there were no whistleblower laws at the time–laws designed to protect government employees who report malfeasance–Turner left his job, at considerable personal sacrifice.

    And this is where one of the outstanding features of the book appears. For it is not only a memoir. Turner has provided the reader with a stereophonic view of the past. He has decked it out with archival releases that retrospectively illuminate events and actions. For instance, Turner now knows that John Mohr of the FBI discussed his civil service appeal with Civil Service Staff Chief Ed Bechtold. Bechtold told Mohr that they would sustain the Bureau’s discharge of Turner.

    When Turner wrote his 1964 article on John Kennedy’s murder for Saga, Hoover’s assistant Cartha DeLoach monitored his every move both pre and post-publication, and then retaliated through his press flacks like Drew Pearson. Turner also details the attempts by CIA to undermine Ramparts after that now legendary magazine exposed the agency’s use of universities in support of the Vietnam War and the later exposure of its program to infiltrate the National Students Association. Codenamed Operation CHAOS, the program actually seems to have started as an attempt to wreck that magazine although it later spread out to much of the antiwar underground press. CHAOS is another program suspected by Turner at the time, but only confirmed much later.

    Another retroactive perspective is an appearance made by Turner on “The Joe Pyne Show” in 1968. Pyne was an earlier version of the now all too common right-wing yokel who liked to make a lot of noise without generating much light: a sixties Rush Limbaugh. His producer called the local office of the FBI for information to counter the derogatory writing by Turner on the Bureau. The request reached all the way up to Hoover’s desk. Another fascinating episode has Turner penning an article on Hoover’s nonexistent war against the Mob. Playboy was interested in featuring it but they passed it on to Sandy Smith of the Time-Life circuit. Smith took the piece to his pals at the Bureau and then told the magazine not to run the story because it was too error-strewn. How obsessed was the Bureau with Turner? When the author was on tour to push his book Hoover’s FBI, the Bureau faked a phone call as “John Q. Citizen” to an earlier version of the Tom Snyder show.

    For me, and for most of his longtime admirers, the highlights of this distinguished and fascinating book were the chapters on the Garrison inquiry and the one on the Robert Kennedy murder. The first is done as a dual look at both the inquest and the press coverage of it (the latter is appropriately titled The Media’s Circus.) Again Turner has updated his previous work with much newly released material on both Garrison and the press. So the pieces form a good short summary of what we now know about that ill-fated and sandbagged probe. The chapter on the RFK case is basically a truncated magazine version of his extraordinary book (co-authored with Jonn Christian). But as they say at the racetrack, that is an admirable sire. As many have said, the RFK case is a more provable conspiracy than the JFK case.

    Turner closes his book with an overview of developments since 1975. He discusses the CIA/Contra-Cocaine connection. He delves into the fey inquiry into the JFK-MLK murders, the House Select Committee on Assassinations. He updates the King case by noting the pro-conspiracy verdict in the 1999 King family civil lawsuit and the subsequent Justice Department report on that case. Turner warns us of the encroaching and insidious power of “the dark parapolitics of the FBI, CIA, and private intelligence triad.” He needn’t have. He’s a crusader nonpareil who’s been at it for 40 years. Bravo Bill.