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  • Excerpt From John Avery Emison’s Newest Book on King Case

    Excerpt From John Avery Emison’s Newest Book on King Case

    The Deep State Assassination of Martin Luther King

    by John Avery Emison


    Excerpt From Chapter 7

    Battle’s Blunder

    Battle’s questioning of Ray included seven elements. #1) Battle wanted to establish on the record that Ray’s attorneys had counseled him regarding his rights. #2) He wanted to know if Ray understood his rights. #3) He wanted to know if Ray knew he was accepting a sentence of 99 years in exchange for a plea of guilty and waiver of the death penalty. #4) Battle wanted to establish that Ray agreed to waive his rights to appeal the sentence, and to waive the right to appeal all the motions that had been ruled against him. #5) Battle attempted to establish that Ray’s guilty plea was entered without any pressure on him to do so, and that it was entirely voluntary, but Ray gave a non-answer answer to this question. #6) Battle attempted to establish a factual basis for the guilty plea, i.e. that Ray actually committed murder. Even in the answer to this question Ray played word games. #7) Finally, Battle attempted to establish that Ray knowingly and understandingly entered his guilty plea.

    Battle had no business accepting James Earl Ray’s guilty plea without first exploring why he equivocated on his answer regarding pressure. Battle failed, but his failure to the cause of history was even greater than his failure to the cause of justice.

    A guilty plea entered as a result of pressure on the accused is anathema to justice in liberal western society. Accepting a guilty plea from any defendant, who is pressured into it, is an invitation for the police or anyone else to pressure whomever they please. It is an end to the rights of individuals that the Bill of Rights was written to protect.

    If involuntary, coerced guilty pleas are acceptable, it means prosecutors can accuse anyone they dislike, of any crime they please, and all the authorities have to do is dial up the pressure until the person breaks and confesses to a crime they did not commit. Since everyone has a breaking point, it gives carte blanche to those who prefer tyranny to justice.

    Battle further stumbled with the question he put to Ray about whether he actually murdered Rev. King. Battle’s rambling, legally technical question left the door ajar as to whether Ray murdered Rev. King “under such circumstances that it would make you legally guilty of murder in the first degree under the law as explained to you by your lawyers?”

    It is my considered opinion, having interviewed James Earl Ray in person on three occasions and once on the phone, and listening repeatedly to the audio recordings of the sentencing hearing, that if Ray actually understood that question (which is doubtful), he twisted it in his mind to construct an answer that was deliberately confounding, and devilishly teasing. Battle’s question was as obscure to non-lawyers as a schematic drawing of the inside of your computer is to non-engineers. It consisted of a question (did you kill Rev. King?) wrapped inside two other questions (did your action meet the legal definition of murder; and is that the way your lawyers explained it to you?).

    Ray seized upon Battle’s use of the term “legally guilty of murder in the first degree,” to answer “yes,” admitting he was “legally” guilty. I believe it was Ray’s way of recognizing that he was cornered and going to receive the legal consequences of the charge of murder without truly admitting that he pulled the trigger or knowingly participated in a murder plot. It was Ray’s way of distinguishing between actual guilt and legal guilt. Ray, in this instance, was more a master of words than Battle. He turned Battle’s semantics around and put his own spin on things.

    The failure of Battle to truly explore what was in Ray’s mind about pressure used on him, as well as to understand Ray’s comment that he is “legally” guilty, is compounded by the fact that the questions Battle asked Ray were not only scripted, the whole question and answer session was reduced to writing and virtually rehearsed the previous day. The questioning of Ray in open court was as carefully planned as a NASA space shuttle countdown. Spontaneity was out; robotic conformance to the script was in— and it was Battle who turned out to be the robot.

    “On the day before the guilty plea, Ray was shown a written copy of the questions which were to be asked to him by Judge Battle, at the time of the plea. Ray initialed and signed each page of this document to indicate that he had read and approved this document,” according to court pleadings filed by William J. Haynes, Jr. and William Henry Haile of the Tennessee Attorney General’s office. [8]

    I found the document that Haynes and Haile referred to in the Shelby County archives. It consisted of a petition for waiver of the death penalty in exchange for a plea of guilty; a court Order accepting the guilty plea; and the questions to be posed to Ray by Battle the following day. Ray’s scripted answers were to be a simple “yes” or “no,” and they were already written into the document, a portion of which is displayed in Figure 7-1 (below). Just as Haynes and Haile indicated, Ray and Foreman initialed or signed every page.

    On March 10, 1969 Percy Foreman told Battle that he had “prepared the defendant” to follow the script. Battle took his cue, told Ray to stand and began reading his scripted questions as Ray faced him in open court. In all likelihood Battle read from the actual voir dire document that also contained Ray’s scripted answers, which he had signed the previous day.

    When Ray deviated from the script on the question about pressure—“Now, what did you say?—and again with his answer about being “legally guilty,” Battle simply continued slogging through the script without ever missing a beat.

    One of Ray’s attorneys for much of the 1970s, James H. (Jim) Lesar told me that Battle “blew it in all sorts of ways.” He told me “there was incredible pressure on Ray to plead guilty. There’s no question about that.” Lesar says the pressure came from Ray’s attorney, Percy Foreman. [9]

    The entire episode of Battle’s questions and Ray’s answers (as well as the previous day’s rehearsal) was more akin to a dramatic matinee performance than it was to a tribunal of justice. It was a sham and a show—a hollow counterfeit of justice and a cheap knock-off for the truth. It was a charade written and practiced in secret and revealed to the public in open court as if it were the real thing. In reality a great deal of effort had already gone into ensuring that nothing would go wrong once the reporters were in the courtroom. “The show must go on,” as they say in the entertainment business. It certainly did in Memphis that day.

    The Alternate Transcript

    Doctoring a transcript is a serious offense. Any lawyer who introduces doctored evidence, even unknowingly, is on a fast tract to professional disciplinary action if not a trip to explain it to the grand jury. It is an offense against justice itself as well as the integrity of the court. I have little doubt that the party or parties responsible for doctoring the transcript were working in the background, likely beyond the knowledge of any lawyer who had no need to know the full scope of this operation.

    Figure 7-2 (below) illustrates the differences between the two transcripts. The only page that was changed in the altered transcript was obviously typed on a different typewriter. Here is what the doctored transcript recorded:

    THE COURT: Has any pressure of any kind by anyone in any way been used on you to get you to plead guilty?

    ANSWER: No, No one, in any way.

    As previously indicated, the first use of the alternate transcript surfaced in the May 26, 1969 hearing for a new trial in Judge Faquin’s court. It was subsequently used in every court hearing, unchallenged by Ray’s musical-chairs string of lawyers. It was used also in the Federal courts beginning with the case of James Earl Ray v. J. H. Rose, Warden that originated in federal district court in Nashville (Middle district of Tennessee) in 1973. Ray’s attorneys filed a writ of habeas corpus, which is the legal terminology used in the first step in obtaining a federal court review of the sentence imposed on Ray in state court. The writ was denied and the case dismissed without a hearing by Judge L. Clure Morton.

    Morton justified his decision by citing specifically from the altered words of the transcript, just as Faquin had done. In fact, Morton said the counterfeit words were “central and determinative” in his decision:

    It appears to the (Federal) court that the specific central and determinative issue raised by the massive pleadings in the case is this: Were illicit pressures placed upon the petitioner [Ray] to such an extent that he did not voluntarily enter the plea of guilty? (p. 9)…

    The record of the March 10, 1969, proceedings, considered alone, shows that the petitioner [Ray] entered a voluntary, knowing and intelligent plea of guilty (p. 18)…

    To summarize this order, the factual allegations of the petitioner… are insufficient to justify a holding that petitioner’s pleas was not voluntary, knowing and intelligent. (p. 19). [10]

    Morton had no knowledge that his decision was based on a doctored, false transcript that was entered into evidence in his court by the Tennessee Attorney General’s office, which represented the State of Tennessee in Federal court. Ray’s attorneys not only allowed this poisoned transcript into evidence without objection, they never raised the issue of what Ray did, or did not say to the question about pressure.

    Jim Lesar told me he had no recollection about the altered transcript, although he thinks it may be true that there was one. He said Robert Livingston (Ray’s Memphis attorney) “particularly did not trust” the transcript introduced by the State, but has no other recollection about it. [12]

    But the damage was done in Judge Morton’s mind. Ray did not give the unequivocal negative answer to the question about pressure that Morton relied on. Morton had no way of knowing it was poisoned evidence.

    Ray’s attorneys appealed Morton’s decision to the U.S. Court of Appeals for the Sixth Circuit. The Sixth Circuit reversed Morton and ordered a full evidentiary hearing. Thereupon, Judge Morton exercised his prerogative and transferred the case to the West district federal court in Memphis where more of the witnesses were located. Judge Robert M. McRae, Jr. conducted an eight-day hearing in Memphis, Oct.-Nov., 1974.

    For this hearing in McRae’s court, the bogus transcript was “certified” as “a full complete, true and perfect copy of the transcript of March 10, 1969” by Koster. Koster’s certification is not equivalent to the court’s routine certification of a transcript, which in this case never occurred. Furthermore, we will see below that a “certified” document can be changed before it is filed with the court.

    When a court certifies a transcript it allows the lawyers on both sides to review the draft and note any discrepancies, changes, or objections. If these differences cannot be amicably resolved among the lawyers, then the court steps in and may allow oral arguments or written pleadings before deciding. A voice recording can be consulted at the option of the court. None of this ever happened with the Ray sentencing hearing transcript because Judge Battle died. So, a court clerk’s certification falls far short of the mark.

    The fact remains someone deliberately changed Ray’s answer and created the alternate transcript in order to deceive the courts and the public, and ensure that Ray would never get a full trial.

    Following McRae’s hearing, the Tennessee Attorney General’s (AG) office filed a 71-page memorandum with the court as a summary of its argument that Ray’s case should be dismissed. This document was prepared and signed by two assistants in the AG’s office, Haynes and Haile.

    Figure 7-2 (above) may be evidence of the initial effort to create an alternative transcript to Ray’s sentencing hearing. I digitally combined the bottom of page three of the Ray voir dire document and the top of page four for the convenience of getting them into a one-page figure. This figure like the previous two in this chapter is a third or fourth generation document. (All original documents were microfilmed by the Shelby County archives, then digitized, then copied by me in digital form and printed). Percy Foreman’s initials appear in the figure as they do in the real document near the bottom of page three. Ray initialed each page of this document, but his initials are lost on this particular copy. The line across the figure beneath Foreman’s initials is the page break in the actual court document. Ray and Foreman both signed the end of the document on page four.

    What’s interesting about this figure is that whomever doctored it in longhand shows the likelihood that he or she was aware of the audio recordings and listened to them, or the person was present in the courtroom March 10 1969 and near enough to Ray to hear what he said. The writer errantly penned, “legally yes” into Ray’s answers in the wrong place. Ray actually spoke the words “legally yes” as previously discussed, but not in response to the “freely, voluntarily, and understandingly” question. Rather, he gave the “legally yes” answer to the question about killing Rev. King. But just like the altered transcript, the doctored document puts the “No, no one in any way” words into Ray’s mouth in the question on pressure—words Ray never uttered.

    Arguing in this memorandum that Ray’s plea was entered voluntarily and without undue pressure, Haynes and Haile state the following: “The highest and best evidence of the voluntariness of a plea of guilty are [sic] Ray’s statements at the time the plea is entered… Some of these statements are worth repeating.” Haynes and Haile incorporated the alternate transcript version of Ray’s response to the question about pressure:

    THE COURT: Has any pressure of any kind by anyone in any way been used on you to get you to plead guilty?

    ANSWER: No, No one, in any way.

    The problem with this, as I have repeatedly stated is, this is not what Ray said. He did not utter those words, as I will explain in the following section.

    Haynes is deceased but Haile still practices law in Nashville at the writing of this book. When I interviewed him regarding the transcripts he told me, “I don’t remember anything about that.” He said, “I don’t know anything about the transcripts. Nobody ever said anything about the transcripts.”

    The memorandum prepared by Haynes and Haile referred to the alternate transcript as “Exhibit 87,” indicating that it was introduced as evidence at McRae’s evidentiary hearing in Memphis. I found this exhibit in the files of the U.S. District Court in Memphis. The page that contains Ray’s altered response is typed on a different typewriter and inserted into the document. The other 86 pages appear to be on the same typewriter. Only the page with the doctored response was changed, and nothing else was changed on the other 86 pages that appear to be duplicates of the original, see again Figure 7-1 (above).

    Haile told me he doesn’t recall anything about the source of the transcript used in Federal court: “I wouldn’t know one way or the other.” He added that Ray’s lawyers didn’t complain about its introduction as evidence. “They complained about every other thing. I’m surprised they overlooked that.” He said, “They questioned the authenticity of everything but not this (transcript).” [13]

    Koster, on the other hand, firmly recalls the details of his original transcript and knows he did not change anything about it. Even if he had changed a page, he had his own typewriter at his desk and would have retyped it on the same typewriter. Thus, the doctored page did not come from Koster.

    As for certifying Exhibit 87, the bogus transcript with the single re-typed page, Koster told me: “Of course, you know, when I certify something and give it to somebody there’s nothing that says they can’t retype it and copy it and make it look like it is part of the original. I’m not saying they did, but that’s what it sounds like.” [14]

    Furthermore, both the Blackwell and Koster sworn affidavits prove that the genuine transcript was finalized on March 10, 1969 and unchanged by either of them afterwards. Blackwell’s affidavit says, “After said transcript was distributed to news reporters on said date, I made no changes to, nor did I authorize any changes.” [16]

    Haile’s memorandum was apparently convincing because Judge McRae held that Ray’s guilty plea was entered voluntarily and he was “not coerced by impermissible pressure by Foreman.” Ray’s attorneys subpoenaed Foreman to Memphis, but being in Texas he was outside the jurisdiction of this district of federal court. Foreman was deposed by Ray’s attorneys but did not have to appear in court. McRae, using the doctored transcript that was admitted into evidence in his court ruled, “Ray coolly and deliberately entered the (guilty) plea in open court.” [17]

    Ray’s lawyers again appealed to the Sixth Circuit. This time, Judge William Ernest Miller, who had twice previously sided with Ray, unexpectedly died of a heart attack after participating in oral arguments. His death left Chief Judge Harry Phillips (a Tennessean) and Judge Anthony J. Celebrezze (former mayor of Cleveland, Ohio) on the court. The court’s ruling was clearly influenced by the bogus transcript in evidence:

    As stated, Judge Battle very carefully questioned Ray as to the voluntariness of his plea before it was accepted on March 10, 1969. Ray specifically denied at that time that any one had pressured him to plead guilty. His responses and actions in court reveal that he was fully aware of what was occurring. [18]

    The Court’s decision actually quoted Ray’s purported, but bogus response to the question on pressure: “No, no one in any way.”

    It was a mistake, but when poisoned evidence is admitted into court it always is. Whoever invented the doctored transcript accomplished precisely what he or she intended: It kept Ray in jail as the embodiment of the murderer of Rev. King. Just as the federal district courts in Nashville and Memphis, the Sixth Circuit never knew Ray’s actual answer and thus, had no way of knowing about Battle’s blunder. The U.S. Supreme Court’s refusal to hear Ray’s petition in 1976 consummated finality.

    The altered transcript created in the Shelby County DA’s office was introduced as evidence in Federal district court in Nashville in 1973. We know this because Judge Morton quoted from it in his written decision to deny a Writ of Habeas Corpus. Very little else of the paper trail of that case file remains today either with the district court or the National Archives, so there are no other documents to show who did what. Ray’s attorneys appealed Morton’s denial to the U.S. Court of Appeals for the Sixth Circuit, which reversed Morton and ordered a full evidentiary hearing. Judge Celebrezze of the Sixth Circuit quoted the same altered transcript in a dissenting opinion. Morton quickly transferred the case to Federal court in Memphis. Judge McRae conducted an evidentiary hearing that lasted eight days and denied the writ. The doctored transcript was introduced into evidence at this hearing (Exhibit 87) accompanied by Koster’s certification.

    Forensic Enhancement of the Audio Recording— “I Don’t Know What To Say.”

    The audio recordings of Ray’s sentencing hearing are available online for anyone to download from the Shelby County archives. The audio quality is very poor for several reasons. The recordings were made with Edison Voicewriter machines that cut vinyl-like records that, in playback mode, ran in the slow 15-rpm range. The technology behind the Voicewriter was 40 years old at the time the recordings were made and “probably was not suited” to the recording of court proceedings due to the fact that it had only one microphone.

    The phonograph-type records “obviously had been played so many times that it is a wonder we were able to get anything listenable off of them at all,” according to Vincent Clark of the Shelby County Archives. [19] Further diminishing the quality of the audio recordings is the fact that James Earl Ray was nowhere near the microphone when he gave his answers to Battle’s question. A few of the answers are reasonably clear, but the disputed response to the question about pressure is hard to understand. As a result, I decided to have an audio forensic expert evaluate the audio and see if Ray’s response could be enhanced.

    I sent the audio file to Sean Coetzee who is the owner of Prism Forensics LLC of Los Angeles, CA. Coetzee is a Certified Forensic Consultant by the American College of Forensic Examiners. He holds a B.A. in Music Production from Brighton University in the United Kingdom. Acting as a paid consultant, he processed the audio file to enhance its clarity. [20]

    The result of this process was an audio file that is much clearer, much less noisy, and much easier to understand Ray’s responses. And in his own voice, two things are quite clear about the disputed answer regarding pressure. First, Ray most certainly did not give the unequivocal negative answer to the question about pressure as the doctored transcript records. That is ruled out when you listen to the enhanced audio. Second, Ray clearly gave an equivocal non-answer answer to the question about pressure. In the exchange between Battle and Ray, the enhanced audio sounds like Ray answered thusly:

    THE COURT: Has any pressure of any kind by anyone in any way been used on you to get you to plead guilty?

    A [JAMES EARL RAY]: I don’t know what to say.

    Even this is open to interpretation of the final word in Ray’s answer. He either said: “I don’t know what to say,” or, “I don’t know what to think.”

    If anything, Ray’s spoken answer was even more clouded than the original Koster transcript. Koster, however, had the advantage of being present in person and only a few feet away from Ray, as well as a much clearer recording than remains today. But in either case, Ray never answered the question about pressure. If that question was important enough for Battle to ask it; if it was important enough for the district attorney and Ray’s own lawyer, Percy Foreman, to give him a scripted, negative answer a whole day in advance of the sentencing hearing; then it was important enough for the court to stop and entertain a truthful, full answer.

    Ray was off script and headed who knows where. Battle had a duty to justice to find out what was on Ray’s mind, and a duty to humanity to find out the darker truth behind Ray’s hints. Instead, in that moment he weakened and let ignorance become a substitute for truth in his court. That’s not necessarily surprising since Arthur Hanes, Jr. told me that he and his father felt Battle was under enormous pressure from outside the courtroom. He said Battle “didn’t handle it very well.” In the next three chapters we will see just how enormous the pressure really was, and from all the sources that it emanated. Perhaps Lesar put it best, Battle “blew it.”

    The HSCA’S Legacy of Using the Altered Transcript For Its Legal Analysis of Rat’S Guilty Plea

    G. Robert Blakey’s HSCA staff had it within their power to discover the altered transcript and stop the judicial charade that had kept Ray in prison without a trial, and obscured the truth from the American people. Instead of courageously blazing a trail of truth, Blakey’s staff continued a disingenuous parody of the truth.

    Blakey’s staff compiled a bibliography of 93 book and magazine titles on the MLK assassination by the time they finished their work in early 1979. [21] What they did with the bibliography is anyone’s guess since Blakey refused to say whether any staff member(s) was assigned to read them. But the bibliography is evidence of the published material that was in Blakey’s possession. Among these 93 titles includes The Strange Case of James Earl Ray by Clay Blair, Jr., and A Search for Justice by John Seigenthaler and Jim Squires. Both books accomplished what Blakey’s multi-million dollar, multi-year investigation did not: They got it right vis-à-vis the issue of the transcript.

    If Blakey had actually assigned someone to read those books and compare what those books said about the transcript, they would have discovered the alteration. Further, if Blakey had assigned someone to listen to the audio recordings of the March 10, 1969 hearing, they would have likewise discovered the problem. But Blakey did not instruct his staff to do their own diligence about the transcripts—or did he?

    Perhaps someone on the HSCA staff discovered the altered transcript and there was a deliberate order to cover it up. Blakey’s refusal to say provides no comfort to anyone who wants to believe he had nothing to do with a cover up. Yet, if Blakey had revealed that the courts had ruled against James Earl Ray based, in part, on altered evidence; this would have triggered a new round of appeals with a significant likelihood that the courts would vacate his guilty plea and order a full trial. The government’s failure to prove it had the murder weapons would have been tested in open court. The planted evidence against Ray (the green bundle that implicated him) would have been analyzed and re-analyzed. If the defense could prove the evidence was planted rather than real, a conspiracy to murder Rev. King and blame it on Ray would have been exposed. I don’t think Blakey was going to let that happen under any circumstances. Blakey turned his back to the truth.

    It cannot be disputed that the HSCA used the altered transcript in its evaluation of the evidence against Ray. After all, they quote from it right in the middle of page 316 of the Final Report:

    THE COURT: Has any pressure of any kind by anyone in any way been used on you to get you to plead guilty?

    A [JAMES EARL RAY]: No, no one in any way. [22]

    Blakey says none of these facts amount to “a hill of beans.” But he knows better. He now knows his staff relied on doctored evidence whether he knew it then or not. He now knows that a one-man investigative writer, myself, exposed what his staff did not; thus he knows how simple it would have been for his staff to do the same.

    The book may be purchased here.

    ____________________ Footnotes ____________________

    [8] Respondent’s Post-Hearing Memorandum, filed by the Tennessee Attorney General in Federal District Court in Memphis, Ray v. Rose (case C-74-166), November 29, 1974.

    [9] Interview with James H. Lesar by telephone, April 14, 2012.

    [10] Memorandum, Ray v. Rose, U.S. District Court Middle District of Tennessee, Judge L. Clure Morton (March 30, 1973).

    [11] Telephone interview with James H. Lesar, April 14, 2012.

    [12] Telephone interview with Stephen C. Small, June 4, 2012.

    [13] Telephone interview with William Henry Haile, May 17, 2012.

    [14] Telephone interview with Charles E. Koster, June 25, 2012.

    [15] Affidavit of James A. Blackwell, April 19, 2013.

    [16] Affidavit of Charles E. Koster, May 6, 2013.

    [17] Memorandum Decision, Ray v. Rose, (case C-74-166), U.S. District Court Western District of Tennessee, Judge Robert M. McRae, Jr.

    [18] James Earl Ray, Petitioner-Appellant, v. J. H. Rose, Warden, Respondent-Appellee, 535 F.2d 966 (6th Cir. 1976).

    [19] Several email exchanges between the author and Vincent Clark of the Shelby County Archives, April and May 2012.

    [20] This is Coetzee’s description of the audio enhancement process: The enhancement process was conducted in Izotope RX 2 advanced program. A band pass filter was first applied to the recording in order to reduce frequencies outside of the speakers’ vocal range. A limiter was then used to even out the volume difference between the Judge and the accused. Due to the low level of the accused voice and the amount of interfering noise, the accused voice could only be raised by a few decibels. An equalizer was then used to boost certain frequencies of the speakers’ voices for intelligibility purposes. A de-noiser in spectral subtraction mode was used to reduce the volume of interfering frequencies. An unvoiced section of the recording is used as a reference and then subtracted during the speech sections of the recording.

    [21] HSCA MLK Vol. XIII, 290-299

    [22] HSCA Final Report, 316.

  • Turning Point: The Vietnam War, Part 3

    Turning Point: The Vietnam War, Part 3

    Turning Point: The Vietnam War, Pt. 3

    In Vietnam, after the 1963 overthrow of Diem, there was a period of instability and power struggle—five governments rose and fell. One of the leading figures at that time was Nguyen Cao Ky, who came up through the Air Force and was prime minister from 1965-67. One of the problems with Ky was that he was part of a drug ring carrying opium from Laotian refineries into South Vietnam. (The Great Heroin Coup, by Henrik Kruger, pp. 134-35; Alfred McCoy, The Politics of Heroin, pp. 209-222). The other problem with Ky was his flashiness and outspoken nature. He once said, “People ask me who my heroes are. I have only one: Hitler.” But he also admitted that the communists were closer to the people’s yearning for social justice and an independent life than his government was. (Oliver Stone and Peter Kuznick, The Untold History of the United States, p. 332)

    I

    All this made him unpalatable for presidential leadership. Lyndon Johnson decided to hold an election in 1967 with Nguyen Van Thieu as president and Ky as Vice President. The pair won in another rigged election. Soldiers showed voters how to mark their ballots, and they encircled the legislature while it recorded the electoral tally. (Stanley Karnow, Vietnam: A History, p. 466; Washington Post, article by Richard Pearson,10/1/2001)

    Lyndon Johnson wanted the illusion of a democratic state, which South Vietnam was not. Accompanying this illusory aspect were various pronouncements by both Johnson and military officers about the progress of the war. General Westmoreland even taunted Hanoi to begin an attack since the Americans were ready. (Karnow, p. 514) Joseph Alsop, a well-connected and powerful columnist, wrote that Thieu and Ky predicted the war would be over by the end of 1967. (The Myths of Tet by Edwin Moise, p. 15) At the end of July 1967, Walt Rostow told Dan Ellsberg “The other side is near collapse…victory is very near.” (ibid, p. 18). In November of 1967, President Johnson brought Westmoreland to Washington, and he said the enemy was “running out of men” and “trying desperately to win a victory.” (ibid, p. 95) At the National Press Club, he then said the communists were certainly losing the war and had not been able to win a major battle in over a year. General Bruce Palmer said the Viet Cong had been defeated from Da Nang all the way down to the populated areas. (ibid, pp. 98-99)

    The film does a decent enough job in showing this political, military and press optimism, which will be shocked by the size and scope of the Tet Offensive. But it does not show the tactical maneuvering that made Tet so surprising in its effectiveness. General Giap decided to create two diversions to draw out the Americans and the ARVN to the north and west. These were at Khe Sanh, and then Loc Ninh and Dak To. (Moise, pp. 113,114) The first became a major battle, which had both Westmoreland and Johnson so worried that they considered using atomic weapons. (Erik Villard, History.net, 3/2/2022)

    The second factor that the program underplays was the intelligence failure that made the attack such a surprise. To this day, there is a dispute about how many men Hanoi was sending south prior to Tet. Westmoreland’s initial claim was between 5,500 and 6,000 per month. Even he later said that was wrong. The most reliable tally today is that the number was probably about three times that or a bit more. There was an utterly massive influx in January of 1968, as high as 45,000. And this should have been a telltale indication that something was coming. (Moise, p. 121, p. 123)

    But Westmoreland was so taken by surprise that he actually stated in February of 1968 that, “The units committed to this campaign, we carry on our order of battle.” He later added, ”No previously unidentified unit showed up.” That was simply wrong, and he probably knew it was so when he said it. (Moise, p. 124). In fact, it was so wrong that Pentagon headquarters in Saigon, Military Assistance Command Vietnam, later revised their pre-Tet infiltration figures upwards.

    Also going unmentioned in the film is the other claim by the Army: that the Viet Cong had thrown everything they had into Tet. Or as one officer put it, the VC were scraping the bottom of the barrel for recruits. This was also not true. Many Viet Cong units were simply not in position to be active in the attack at the time it happened. The initial estimates were that about 84,000 Viet Cong and infiltrated Hanoi troops participated. But Hanoi later came out with their own study saying they had used over three times that many over the whole 45-day barrage of attacks, and still had some in reserve. (Moise, p. 128)

    The only man who realized how large the coming attack was going to he was the legendary CIA analyst Sam Adams, and he did not figure it out until a few days prior. Also, very late in the day, January 25th, some DIA analysts proffered the idea that Khe Sanh might be a diversion to pull American forces away, but as this got upwards in the hierarchy, it was ignored. (ibid, p. 130) Again on January 25th—five days before Tet—the National Security Agency warned that there might be some coordinated communist attacks coming. But the warning did not say they had targeted cities or that it would be so widespread. (Ibid)

    II

    It is important to elucidate the intelligence failure that made Tet possible, for the simple reason that the offensive could not have been so powerful if it had been in any way expected. But there were almost no preparations for it. The only officer who even tried to do something in advance was General Frederick Weyand. He cancelled some operations near Cambodia and moved forces closer to Saigon. This may have prevented the capture of Tan Son Nhut Airport. But the overall feeling afterwards was conveyed by General Creighton Abrams, who “wanted to fire every intelligence officer in Vietnam.” It was that bad. (p. 132)

    Needless to say, the hopeful line that the Army and the White House had been feeding the public made the impact even worse. During the entire expanse of the multi-phased operation, scores of towns and cities were attacked, and it unfolded for weeks on end.

    If anything, the film underplays the impact the assault had in the press and in Washington. As Clark Clifford, the designated Secretary of Defense, said, “Tet, to me, was the roof falling in.” Lyndon Johnson later said that it was a shock–he did not expect an attack that was so large and so coordinated. White House Press Secretary George Christian said it was a huge surprise. He thought the Viet Cong were under control, and it was not possible for them to rise to the offensive heights they did. (Moise, p. 152)

    Because of the continuing battles at Hue and Khe Sanh, Westmoreland asked for more troops, over 200,000. This notice ended up being leaked to the press, and it created a firestorm of controversy. A New York Times editorial called it “Suicidal Escalation”. (March 11, 1968) The editorial then ridiculed the notion of a light at the end of the tunnel, which it now characterized as a bottomless pit headed nowhere: “The American people have been pushed beyond the limits of gullibility.”

    The film leaves out two rather important events that occurred as a result of this request. One was a meeting of the so-called Wise Men at the White House. This included people like Robert Lovett, Averill Harriman, and Dean Acheson. The military was giving their reasons for the call-up, and Johnson followed with a speech supporting it. In the middle of the speech, Acheson got up and walked out. When he was phoned after and asked why he left, he said, “You can shove Vietnam up your ass.” Johnson got on the line, and Acheson explained that the Pentagon was giving canned briefings and he would not stand for it anymore. He would only listen to people on the ground in Vietnam and read the raw data. This is how the group turned against the war. (The Wise Men, by Walter Isaacson and Evan Thomas, p. 687)

    Shortly after this event, Clark Clifford was sent over to the Pentagon. President Johnson wanted him to get the raw data and find out how the Joint Chiefs planned on winning the war after Tet. Clifford went there day after day for over a week. He asked many pointed questions, e.g., if we sent in more troops, would not Hanoi counter by sending more of their men? The remarkable thing about these interviews is that Clifford had been on the President’s Intelligence Advisory Board prior to his appointment as Secretary of Defense. At that time, he had been a hawk. He found the answers he got so unsatisfactory that it caused him to change his mind on the subject. He advised Johnson to begin to get out. (Isaacson and Thomas, pp. 683-89)

    The film does show the famous editorial comments on the war by Walter Cronkite, who labeled the conflict as a stalemate. LBJ reportedly said that if he had lost Cronkite he had lost Middle America, (https://www.youtube.com/watch?v=Dn2RjahTi3M) The program states that CBS president Dick Salant allowed Cronkite to do this editorial and backed the newsman after. It does not mention how, four months later, Salant allowed Warren Commissioner John McCloy to secretly have approval over the CBS four-night special endorsing the Warren Commission–and then would not admit to what he had done. (Click here for more on that https://www.kennedysandking.com/john-f-kennedy-articles/why-cbs-covered-up-the-jfk-assassination)

    III

    The film deals extensively with the battle at Hue during Tet, and it describes the massacre that took place there. Oddly, it does not go into any similar depth about Khe Sanh, which was a massive siege that lasted 77 days, beginning about a week before Tet. It resulted in 35 downed helicopters, 23 aircraft lost, and 2700 American casualties. When it was all over and the siege was lifted, the entire base was abandoned and then destroyed, rather than risk another such siege.

    The film uses Ron Haeberle to tell the story of the My Lai massacre. Haeberle was a combat photographer who took many photos of My Lai. These made it simply impossible to deny what had happened. They were published in the Cleveland Plain Dealer. He also wrote a personal account of the episode for that newspaper. The photos were then sold to Life magazine and were published in its December 5, 1969, issue. They created an immediate sensation. As did his testimony before Congress, where he described simply wanton slaughter of everyone, including women and children. The film also relates the story of Hugh Thompson, the helicopter pilot who did the most to halt the operation in real time and escorted many civilians away from the scene. Thompson was probably the most heroic person involved in the atrocity. (Click here for the film Four Hours in My Lai https://www.youtube.com/watch?v=FYzb9DH7YAE&list=PL_i8Q5O9tfujtnIlaV4vmZ9lUpLcb_mtH) )

    Although Turning Point does deal with some of the trials that happened after the atrocity, like those of Captain Ernest Medina and Lt. William Calley, it does not interview author Doug Valentine. In his fine book, The Phoenix Program, he made the argument that My Lai was really a CIA operation meant to eliminate Viet Cong sympathizers, and the Agency passed on lists to the military. William Peers, a former CIA officer who had served previously in the OSS, was appointed by Westmoreland to do the military inquiry into the massacre. During the Vietnam War, Peers began in special operations and then became a special assistant for counterinsurgency under the Joint Chiefs. Peers and journalist Sy Hersh—who wrote two books on the subject—more or less localized the affair. The latter largely chalked it up to incompetence and ambition. Hersh specifically wrote in his second book, “There was no conspiracy to destroy the village of My Lai 4….”(The Assassinations, edited by James DiEugenio and Lisa Pease, p. 367)

    IV

    The Tet Offensive was enough for Johnson to recall Westmoreland. The general was now made Chief of Staff of the US Army. Creighton Abrams became the commander in Vietnam.

    Johnson’s betrayal of Kennedy’s Vietnam policy had dealt him a lethal political body blow. Allard Lowenstein and Curtis Gans organized a Dump Johnson movement. In the autumn of 1967, Senator Eugene McCarthy had agreed to be their candidate. In November of 1967, he announced his candidacy. He entered the Democratic primaries running as an anti-war candidate. At first, no one believed he really had a chance to defeat the incumbent Democratic president. But on March 12, 1968, in the Democratic primary in New Hampshire, Johnson was held to 49% of the vote.

    McCarthy had galvanized American youth against the war. They journeyed to New Hampshire to work as volunteers. On the other hand, Johnson was so confident he had not filed, and was therefore not on the ballot. McCarthy was so well organized that he captured the majority of the delegates. The political impact was shocking. As revealed in the book 85 Days, Bobby Kennedy had decided to enter the race prior to the primary. But since he had made the decision so late, he did not announce until after the results were in. Johnson was now faced with not one but two strong opponents.

    The film does little with Bobby Kennedy’s criticism of Johnson about the Vietnam War. But yet, as many have observed, Bobby’s attacks really disturbed Johnson. Daniel Ellsberg worked for Bobby in 1968, and he knew that RFK understood there was no victory for America in Vietnam. We could not bomb our way to peace. (Lisa Pease, A Lie Too Big to Fail, p. 477) The last thing Johnson wanted to contemplate was losing to Bobby Kennedy in the primaries. But the word was out that the president’s campaign in Wisconsin was collapsing. The film depicts Johnson on the phone, realizing that he had now been labeled a war president, and it was a highly unpopular war. Using then-Johnson employee Polly Baca as a witness, the film reveals the almost tangible antipathy between Kennedy and Johnson. With one defeat barely avoided and another staring him in the face, on March 31, 1968, Johnson went on television and made a shocking declaration: He was not going to run.

    This was a political earthquake. But then, just four days later, another tremor was felt: Martin Luther King was assassinated in Memphis. The film shows Bobby Kennedy’s famous speech that night in Indianapolis, where he announced to the crowd that King had been killed. He urged the assembly not to strike out in fury and violence. Unnoted is the fact that that was the only major city that did not erupt in rioting.

    After Tet, after Johnson’s abdication, after King’s murder, what could now happen? Two months later, Bobby Kennedy was killed in Los Angeles. The film interviews Baca and Chic Canfora, who both worked for the RFK campaign. Canfora cannot speak; the memory of RFK’s death is too painful. With those two men dead, there was no one to represent the anti-war youth at the Chicago Democratic convention. Baca talks about being in a crowd when the police began striking the demonstrators with batons, and blood began to flow. Canfora observes that the powers that be wanted the war to continue and were willing to silence any voices that were opposed to it. (And that is as far as the film goes with that concept.)

    Canfora then observes that this process eventually led to someone who was even worse than Lyndon Johnson. That was the man JFK defeated in 1960: Richard Nixon.

    Click here to read part 4.

  • Turning Point: The Vietnam War, Part 2

    Turning Point: The Vietnam War, Part 2

    Turning Point: The Vietnam War, Part 2

    All you need to know about the quality of this series is that director Brian Knappenberger gives the last word on Kennedy’s Vietnam policy to Dan Rather. This is the man who perhaps has done more to obfuscate how Kennedy was killed than any living person. (Click for one aspect https://consortiumnews.com/2016/04/22/how-cbs-news-aided-the-jfk-cover-up/) And since the program does not reveal any of Kennedy’s early talks in 1951 with people like Seymour Topping, let alone his withdrawal program, Rather can give that notion the back of his hand. (Seymour Topping, On the Front Lines of the Cold War, pp. 152-56)

    I

    In Part 2, the series finally gets to the origins of the war. We get a brief biography of Ho Chi Minh and his letters to President Truman for support in his attempt not to be recolonized by France after World War II. I could detect nothing about how Secretary of State Dean Acheson advised Truman to begin supporting the French effort to take back Indochina. Or the unwillingness of Paris to grant any true independence through their stand in Bao Dai. Even at this early date, there were analysts in the State Department who felt that Ho’s resistance would eventually lead to a war between his followers, the Viet Minh, and France. (Pentagon Papers, Volume I, p. A-5) These same analysts found there was no proof that the Soviets had a strong influence on Ho Chi Minh as late as 1948, when the imperial war had begun in 1946. (ibid, p. A-6)

    By 1950, Dean Acheson had altered the American policy of chilly neutralism. This was due to the recognition of Hanoi as a state by Moscow. That was enough for Acheson to declare Ho Chi Minh a communist, not a nationalist. (ibid, p. A-7) By the summer of 1950, Acheson and Truman were extending aid to the French puppet Bao Dai. From here on in, the USA became more and more involved in the war. Later in 1950, they initiated a Military Assistance Advisory Group in Saigon to aid Paris.

    Truman and Acheson had reversed Franklin Roosevelt’s aims in Indochina. FDR was clear on this to Secretary of State Cordell Hull:

    Indochina should not go back to France. France has had the country…for nearly one hundred years, and the people are worse off than they were at the beginning….The people of Indochina are entitled to something better than that. (Oliver Stone and Peter Kuznick, The Untold History of the United States, p. 112)

    In other words, Kennedy was aligned with Roosevelt in that he valued nationalism in the European colonial empires over the American alliance with France. Acheson valued his alliance with France more than he did the decolonization dictates of Roosevelt. All of this crucial history is just about absent in Turning Point, even though this in itself is a clear turning point in the conflict. But then comes something even worse, as the film literally leaps to the siege of Dien Bien Phu.

    How is it possible to jump to that fateful siege without mentioning that Secretary of State John Foster Dulles and President Eisenhower had ratcheted up the aid to France exponentially when the general took office? By 1954, America was supplying almost 80% of the funding for the war. This was because Foster Dulles was even more of a dyed-in-the-wool Cold Warrior than Acheson. In 1953, twelve shiploads of arms were coming in per month, and by 1954, it totaled about a billion dollars per year. (Operation Vulture by John Prados, see Chapter One of the e-book version.)

    II

    But despite all this, the French strategy to lure Hanoi’s commander, General Vo Nguyen Giap, into a trap in the northwest area of the country did not work. In fact, Dien Bien Phu, which cost the Americans 300 million dollars, backfired. (Seth Jacobs, Cold War Mandarin, p. 33) About a month into the 55-day siege, it became apparent that Giap had outsmarted French General Henri Navarre. Foster Dulles and Vice President Richard Nixon could not accept this impending loss. So Nixon developed an alternative scheme: sending American ground troops. (Prados, Chapter 9)

    Then came something even wilder: the use of atomic weapons, code-named Operation Vulture. (Stone and Kuznick, p. 267) Incredibly, Dulles thought the use of these bombs would be simply an extension of conventional warfare. Recall, this is just nine years after Hiroshima. Nixon became the floor manager in Congress for Vulture. In keeping with his anti-colonial views, the chief outspoken opponent of this fruity scheme was Senator John Kennedy. (Stone and Kuznick, p. 268) One reason I think the film leaves out Vulture is because this Kennedy opposition would have undermined the false portrait of Part One.

    Eisenhower would not approve of Vulture without British backing. But England would not go along with the project. British clearance was refused even when Foster Dulles himself went to London to lobby for it. (Prados, Chapters 6 and 8) When Eisenhower would not let it proceed unilaterally, Foster Dulles used his last card. He offered the bombs to the French foreign minister. Georges Bidault pointed out something that, in his messianic zeal, Dulles had overlooked: “If those bombs are dropped near Dien Bien Phu, our side will suffer as much as the enemy.” (David Talbot, The Devil’s Chessboard, p. 245)

    Dien Bien Phu fell in early May of 1954. In a stunning lacunae, almost all of the above concerning the attempts by Nixon and Foster Dulles, and their schemes about ground troops and Vulture is absent. Yet it is essential. Once one realizes the lengths that Foster Dulles and Nixon were willing to go to in order to save France’s Indochina empire, then, and only then, can one understand what they did next. After the defeat at Dien Bien Phu, the Eisenhower administration never intended to abide by the strictures of the peace conference, labeled the Geneva Accords.

    Those Accords allowed for a division of the country between the north and south, in preparation for elections to provide for one leader under unification in 1956. The problem for Foster Dulles was that both he, Eisenhower and Nixon knew that Ho Chi Minh would win any popular election in a landslide. (William Blum, The CIA: A Forgotten History, p. 139) So Dulles had his representative make an oral pledge to abide by the accords, but instructed him not to sign them. (Stone and Kuznick, p. 268)

    Now, one of the Geneva guidelines was that “the military demarcation line is provisional and should not in any way be interpreted as constituting a political or territorial boundary.” (Trapped by Success, David L. Anderson, p. 62). The area in the south was under the temporary supervision of France, which pledged not to interfere, to the point of keeping Bao Dai’s team out of the final negotiations. (ibid, p. 63) Since Foster Dulles controlled the allied side, one can conclude this is what he wanted. Dulles violated this territorial stricture fairly early.

    III

    As Seth Jacobs outlines in his biography of Ngo Dinh Diem, the CIA had been alerted to Diem’s anti-communist and anti-French qualities in the early fifties. Diem understood that the USA played the major role in the French imperial war by that time, and would likely take over if Paris lost. So he spent years in the USA after leaving Vietnam in order to publicize himself as being able to take over for the puppet Bao Dai if France left. He managed to attract the attention of powerful people, like Congressman John McCormack, Secretary of State Dean Acheson and Supreme Court Justice William Douglas. (Seth Jacobs, Cold War Mandarin, pp. 29-32) Diem ended up meeting with Robert Amory of the CIA in the spring of 1953 and shortly after with Senator Mike Mansfield. Mansfield sponsored a luncheon for him, which included Senator Kennedy, Cardinal Spellman and Congressman Clement Zablocki. (Jacobs, p. 31) At this luncheon, Diem criticized both the French and Ho Chi Minh, and he said he could fill the area between them and rally the population to fight for him. (ibid, p. 32) This was a sales pitch, of course. As we shall see, Diem could never balance Ho’s popularity or rally a force to defeat the Viet Cong, let alone the army of North Vietnam.

    Diem then went to France, where he did not do well at all. (Jacobs, p. 32). But this did not really matter since France would be out of the equation soon. Bao Dai knew that Diem had the backing of powerful people, like Acheson, whom he had met in 1951. Bao Dai, therefore, did what Foster Dulles wanted and appointed Diem as the new leader in the south. Diem requested full powers over the state, and he got them. (Jacobs, p. 139). But when he arrived in Saigon, Colonel Edward Lansdale noticed a problem. His enclosed limousine sped by, and he did not mingle with the crowd Bao Dai had paid to greet him. Diem was never, and would never become, a man of the people. He wore Brooks Brothers suits, spoke good English, was a Catholic in a Buddhist nation, and had his hair styled like an American. In that regard, he was no match for Ho Chi Minh. The CIA and Lansdale had made a big mistake.

    On top of this, Diem never planned on being a democratic leader in the south. He did not believe in civil liberties: freedom of speech, freedom of the press, or assembly. He certainly never bought into free and fair elections, which Lansdale rigged for him. (Jacobs, p. 95) Viet Minh suspects at times were beaten, had their bones broken and some females were raped. Diem even authorized the use of the guillotine by mobile courts in the countryside. (Gordon Goldstein, Lessons in Disaster, p. 51) If Lansdale ever firmly protested to Washington about these abuses, they are hard to locate. But inevitably, this helped the Viet Minh.

    America had broken the Geneva Accords by installing military help for what was now a new country, not just a provisional one. (William Blum, The CIA: A Forgotten History, p. 139) They had constructed a new dictatorial government led by a man who was, in reality, a fascist. Therefore, Diem now broke the Accords again by announcing he would cancel the 1956 elections. (Blum, p. 139)

    To say Turning Point skimps over this crucial history gives it too much credit. For example, it says words to the effect that two states emerged out of Geneva. South Vietnam did not emerge. It was created by the USA in order to avoid the unification of the country under Ho. North Vietnam arose as a reaction to this violation of Geneva. When the film talks about the migration of the Catholics south from the north, I could not find any reference to Lansdale. But this was largely his propaganda operation to bolster Diem. (Jacobs, pp. 52-54). So the following civil war was not really such. It was an imperial war caused by the interference of the USA–through the Dulles brothers, Nixon and Eisenhower. And they had placed a man in charge of their fabricated country who was perhaps one of the worst choices they could have made. (Jacobs, pp. 38-39)

    IV

    From here, the film jumps to 1965. I didn’t understand why at first. But by doing that, it first leaves out a large segment of the Eisenhower administration and its propping up of Diem. For instance, Michigan State University faculty acted as consultants in police and public administration. (Anderson, p. 76) There were five CIA agents infiltrated into the program, but carried on the university payroll. They devised a policy for Diem to have anyone over the age of 15 carry an ID in South Vietnam. If you did not have such, you were considered a Viet Cong suspect and could be thrown into the infamous tiger cages. (Blum, p. 140) At the time of registration, fingerprints were recorded and information about political beliefs was taken.

    Lansdale was virtually Allen Dulles’ representative in Saigon, working out of something called the Saigon Military Mission, which operated independently from the regular CIA station. It was from there that he ran “Passage to Freedom,” his great propaganda triumph of scaring the Catholics of the north into fleeing south during the two-year transfer window. (Anderson, p. 77) Lansdale also headed off an early coup attempt by sending the plotters on an all-expenses-paid vacation to Manila. (ibid, p. 62)

    John Foster Dulles created the SEATO group in 1954. This was his way of establishing what he called a “no trespassing sign” against the Soviets and Chinese in Southeast Asia. Although the alliance did not include South Vietnam directly, Dulles formed an extended protocol, which Diem accepted. This was used by President Johnson when he passed the Gulf of Tonkin Resolution, which was basically a declaration of war against Hanoi. (Jacobs, p. 63) Again, I detected no mention of this crucial linkage in the over six-hour series.

    When I could not find this link, I began to pore over my notes. I then began to uncover something that I did not want to believe. But it explained the chopped-up chronology of the series. By skipping from 1956 to 1965, you don’t just minimize what Foster Dulles and Nixon did. You also eliminate Johnson’s actions in 1964, i.e., the Gulf of Tonkin Resolution: the declaration of war against Hanoi, partly based on SEATO. This is how agenda-driven the film is against JFK. They dropped the real declaration of war by Johnson in August of 1964–and everything leading up to it and following from it. Which is a huge part of the story.

    At the beginning of Part 2, the program has a Viet Cong member say that many more Americans were in Vietnam in 1965. If you skip what LBJ did both after Kennedy’s death and then during 1964, you can characterize that as some kind of mystery, or even a continuation of Kennedy’s policy. It was neither. It was not a mystery because Johnson had been planning on it for months on end. And one of the film’s talking heads, Frederick Logevall, wrote a book about that very subject, called Choosing War. Before him, Joseph Goulden wrote a similar book, called Truth is the First Casualty. Both authors prove, without any doubt, that as Johnson was saying one thing—that he was not going to send American boys to do a job Asian boys should do—he was planning to do just that. The key point was to keep that goal hidden until he got elected in 1964.

    This is critical information. It is startling for the series to dismiss it. It is perhaps the most crucial part of the story since the creation of South Vietnam itself. It was under Johnson that the war reached a scope and intensity not seen before, e.g., the air war Rolling Thunder, and 540,000 combat troops in the theater. Under Kennedy, there had been no combat troops. And he was getting out.

    Johnson first thwarted the intent of Kennedy’s NSAM 263, JFK’s order to begin the withdrawal at the end of 1963. It did not happen. Johnson then altered certain parts of NSAM 273, an order Kennedy had not seen but National Security Advisor McGeorge Bundy had prepared for him. This alteration allowed for direct involvement by US forces in the war in naval operations. Again, this was not allowed under Kennedy. (John Newman, JFK and Vietnam, pp. 447-58)

    But beyond that, in December of 1963, Johnson had appointed William Sullivan–a foreign service officer who had opposed Kennedy’s withdrawal plan–to head a multi-agency task force. It was called the Vietnam Working Group. (Joseph Goulden, Truth is the First Casualty, p. 88) Sullivan understood that his job was to plan for an all-out war against Hanoi. He came back with a paper that might as well have been written by Walt Rostow, who Kennedy had kicked out of the White House because he was too hawkish.

    Sullivan concluded that if the war was to be won, it needed direct American intervention. The Viet Cong were a formidable force, and it was necessary to bring the war to Hanoi in order to put pressure on them to lessen their support. That pressure would include American naval ships off the coast of North Vietnam to blockade Haiphong and use force if necessary to block shipping. Sullivan recommended 100,000 American troops in the first call-up. (Goulden, p. 90)

    Remember, this is December of 1963 – February of 1964. By January 22nd, Johnson had already let the Joint Chiefs in on advice and planning, and they recommended aerial war against critical targets in North Vietnam and the use of American ground troops. (Gordon Goldstein, Lessons in Disaster, p. 108) By March, the Pentagon was advising air and naval bombardment of targets in the north, mining of harbors, a naval blockade, and, in case of Chinese intervention, the use of atomic weapons. (Ibid) This planning continued under various personalities, including William Bundy. And it was decided that they would go to Congress for a resolution upon the occurrence of a casus belli. Any trace of any reference to withdrawal or neutralization had been buried with John Kennedy. In fact, the Chiefs had now recommended a list of 94 air targets in the north. (Goldstein, p. 108)

    The casus belli, of course, was the–at least partly ersatz–Gulf of Tonkin incident in August 1964. Johnson had the war resolution already composed and in his suit jacket. (Eugene Windchy, Tonkin Gulf, p. 319) Once it happened, the administration went to the senate and got their resolution through by what many later termed—including Senator William Fulbright — a false presentation. On August 4th, Johnson ordered air raids in retaliation against Hanoi, and he immediately decided to go to the Senate for his declaration. (Goldstein, p. 126). It passed overwhelmingly, and it even included allowances for American troops to enter Laos and Cambodia. (Goulden, p. 13)

    These events, the exaggerated Tonkin incident, the misrepresentation of it—for example, the speedboat raids by the Vietnamese were connected to the destroyers off the coast, the passage of the war resolution—these all allowed Johnson to do what Kennedy would not do. That was to Americanize and militarize the war.

    To not deal with any of this, and to not detail the rupture of policy that led to the landing of combat troops at Da Nang in March of 1965–this is both inexplicable and inexcusable. Unlike what the film tries to imply, Johnson knew what he was doing from the beginning.

    From here, the film deals with the failure of the Strategic Hamlet program and General William Westmoreland’s unsuccessful attempt at what he called ‘counterinsurgency’. It also details the failed concepts of Westmoreland’s “search and destroy” missions and free fire zones. These were all parts of his attempt to win a war of attrition. It therefore became a war by body count. Except, as the film shows, the body counts were fudged, and therefore, Westmoreland was not getting or giving out the correct numbers. Meanwhile, Westmoreland asked for more and more troops, which Johnson gave him. All the way until a total of over half a million were in theater by 1968.

    This troop build-up was coupled with Rolling Thunder, the largest bombing campaign since World War II. Except, in Germany and Japan, one had a surfeit of industrial and arms-building targets. You did not have anywhere near that many in Vietnam. When it was all over, as the film demonstrates, 5 million tons of bombs had been dropped over all of Vietnam. Nixon and Kissinger then dropped about 2 million more over Laos and Cambodia.

    Johnson was perturbed by the war coverage, especially by CBS reporter Morley Safer showing a village being burned live on camera, then asking: How will this win the hearts and minds of the Vietnamese? Johnson was also much disturbed by Martin Luther King coming out against Vietnam in April of 1967, with his famous speech in New York.

    By 1967, the CIA had issued a study questioning the body count thesis and whether it was valid. McNamara had shown signs of his disaffection for the war and his disagreement with Rolling Thunder. He ordered the monumental Pentagon Papers study without telling Johnson—this was a devastating secret history of the war made up from classified documents. While it was being written, he decided it was time to get out of Vietnam. Johnson disagreed. He more or less retired McNamara. Johnson then made a speech about how the enemy had never defeated our forces in battle. This was after bringing back Westmoreland, who said there was light at the end of the tunnel.

    The Tet Offensive was right around the corner. Johnson was about to pay a huge price for his break from Kennedy.

    Click here to read part 3.

  • Turning Point: The Vietnam War, Part 1

    Turning Point: The Vietnam War, Part 1

    Turning Point: The Vietnam War, Part One

    Almost eight years ago, I wrote a lengthy four-part review of the Ken Burns/Lynn Novick 18-hour PBS series The Vietnam War. I concluded it was a bloated mediocrity that was, in some instances, not candid with its viewers. What it left out, especially concerning the origins of that conflict, made for a dubious presentation of history. That pretentious and bloated program tried to tell the story of American involvement in Vietnam without mentioning the names of Dean Acheson, Bao Dai, the Dulles brothers or Edward Lansdale. It was not possible to present that tragic event in such a manner. (Click here for my review https://www.kennedysandking.com/reviews/ken-burns-lynn-novick-the-vietnam-war-part-one)

    I

    I really did not think that anyone could make another series about Vietnam that was as intellectually shabby as what Burns and Novick produced. I was wrong. The new five-part series on Netflix, Turning Point: The Vietnam War, is just as bad. As we shall see, in some respects, it is even worse.

    This show was put together by a company called Luminant, which operates out of LA, and it was directed by one Brian Knappenberger. He also served as an executive producer. There are four producers; the one who has been interviewed in the press is Doan Hoang Curtis. In going through the film credits, I could not find anyone billed as a writer, either in the front or end credits. This is a key point with this production since they bill everyone, even their “families, friends and strangers who supported us”. But no screenwriter? As we shall see, that is revealing.

    The usual entry point for any Vietnam series is the French attempt to take back their colony of Indochina after World War II. (The Novick/Burns pastiche took it back further with the original attack on Indochina by France in the 19th century.). Surprisingly, this series did not do that.

    Turning Point starts with the Kennedy administration, when, in fact, the United States had been involved for almost ten years when Kennedy took office. I soon began to see that there was a methodology behind this mangling of the record. The idea was to set up the Vietnam War as a battle within the Cold War of communism vs capitalism and to deliberately begin with Kennedy. The objective being to present two things as fact which are utterly wrong: 1.) Somehow Kennedy was a Cold Warrior and 2.) It was he who started the war.

    What this film does to fit those square pegs into round holes is nothing less than what I would term a hatchet job on John Kennedy. For example, there is no mention of Kennedy’s visit to Saigon in 1951 and his consultations with reporter Seymour Topping and diplomat Edmund Gullion, who both told him that France would not win the war. This is an important elision since those discussions had a large impact on how Kennedy looked at conflicts in the Third World and at Indochina afterwards. (Richard Mahoney, JFK: Ordeal in Africa, pp. 14-15) As a result, Kennedy made speeches on this subject, specifically saying these conflicts were not about communism vs free enterprise; they were about nationalism and independence vs colonialism and imperialism. (Betting on the Africans, by Philip Muehlenbeck, p. 35) Which is why, for example, he took out an ad in the New York Times for the novel The Ugly American. Because the message in that book was that if all the USA had to offer in the Third World was anti-communism, we might as well fold up our tables and go home. (New York Times, article by Michael Meyer, 6/10/09)

    By 1957 and his great anti-colonial Algeria speech, these declarations eventually made him the Democrats’ alternative foreign policy leader. Because he was opposed to John Foster Dulles’ view of the world as a Manichean good vs. evil, USSR vs USA constant confrontation. (John T. Shaw, JFK in the Senate, p. 110) But before that, Senator Kennedy specifically criticized the Eisenhower/Dulles American effort to back France in its futile effort to hold onto its empire in Indochina. (Mahoney, p. 16). He even addressed a letter to Foster Dulles, asking him what his goal was in backing the French effort there. (Click here for James Norwood’s overview of Kennedy’s views about this https://www.kennedysandking.com/john-f-kennedy-articles/edmund-gullion-jfk-and-the-shaping-of-a-foreign-policy-in-vietnam)

    II

    In what I think are meant to be backgrounders for their questionable portrayal, the film brings up the Bay of Pigs episode and the death of Patrice Lumumba in Congo. First, as far as Congo goes, Kennedy was going to support Lumumba, and the CIA knew that. There is evidence that the Agency sped up its assassination plots in order to get rid of Lumumba before the inauguration of Kennedy. (John Morton Blum, Years of Discord, pp. 23-24) Kennedy was not alerted to Lumumba’s death until almost a month later. There is a famous picture of his reaction to this belated knowledge, which reveals the pain he felt at that moment.

    As per the Bay of Pigs invasion, anyone who knows anything about that subject, which apparently Curtis and Knappenberger do not, understands that this was a CIA operation. It began under Eisenhower and was pushed on the new president. Kennedy had no inherent inclination to go through with it. When Arthur Schlesinger asked him what he thought about the project, JFK replied that he thought about it as little as possible. CIA Director Allen Dulles also admitted this when he said that, with Kennedy, the project was a kind of an orphan child that he had no real attachment to. (Trumbull Higgins, The Perfect Failure, pp. 102-03) JFK ended up passing on the decision to a meeting of his advisors. There were about 20 people present, and 19 voted for it. (Robert McNamara, In Retrospect, pp. 25-26)

    When the operation was failing, Kennedy refused to send in American Marines and Naval forces, even though Admiral Arleigh Burke strongly pushed escalation with direct American involvement on him. (David Talbot, Brothers, p. 47). It later turned out that the proponents of the operation—Allen Dulles and Dick Bissell–were banking on him acceding to this all along, because they knew the operation as planned would fail. (ibid).

    We know that Richard Nixon and Dwight Eisenhower would have done what Burke requested. (Arthur Schlesinger, A Thousand Days, p. 288; New York Times, story by Thomas Ronan, 10/14/65). And that is an important historical distinction to make in regards to the subject at hand. Curtis and Knappenberger do not come close to making it. They also leave out the fact that Kennedy terminated the top level of the CIA—Dulles, Bissell and Deputy Director Charles Cabell—when he discovered their treachery.

    Another parallel issue that Curtis and Knappenberger leave out is Kennedy’s decision on Laos. This was a country that Eisenhower advised Kennedy he should take great interest in, because it was the key to all of Southeast Asia. The president told Kennedy that if the communists took Laos, they would bring “unbelievable pressure” on Cambodia, Thailand and South Vietnam. He went so far as to say that Laos was so crucial that the USA should be willing “as a last desperate hope, to intervene unilaterally.” Further, the General said that America should not permit the communists any role in a new Laotian coalition. (Schlesinger, p. 163)

    Kennedy did not heed this advice. He simply did not think that Laos was worth turning into a “pro-western redoubt.” He thought that was a bit exaggerated for a small land-locked country that had only been independent for 12 years. Kennedy wanted to achieve the neutralist solution that Eisenhower had vetoed six months previously. (Schlesinger, p. 329-30). He added that he did not think that America should fight for a people who would not fight for themselves. Which, as we shall see, is another parallel with his view of Vietnam. Kennedy was opposed on this by the Pentagon, which wanted to pour in 60,000 ground troops, air assaults and, if needed, atomic weapons. (ibid, p. 332)

    Kennedy decided to forcefully make Moscow understand that he wanted a neutralist solution by bluffing on military intervention. He sailed the Seventh Fleet into the South China Sea and moved 500 Marines into Thailand. After consulting with SEATO, he got pledges from England and India to support a ceasefire. This brought Moscow around, and a neutralist solution was now agreed to with a conference later in Geneva to map out its details.

    I could not find any reference to this important precedent in this over six-hour series.

    III

    Let us now go to the actual depiction of the Kennedy years in Vietnam. There is little discussion of the conferences centering on the first major decision in the Kennedy White House on the subject. These were the November 1961 meetings that resulted in the issuance of NSAM 111. That order stated that America would allow for more advisors, air lift and equipment– but there would be no combat troops entered into the conflict. During these meetings, Robert Kennedy made it clear to the president’s all too hawkish advisors, e.g., Walt Rostow and McGeorge Bundy, that there would be no American combat troops in Vietnam. (David Kaiser, American Tragedy, p. 113, p. 116).

    As historian David Kaiser notes, the constant barrage from those asking for intervention based on a need to save South Vietnam from communism, “had not moved the president at all.” Kennedy was fundamentally opposed to direct involvement because the basis of it would not be clear, since, unlike in Korea, Vietnam was a guerrilla war with Saigon fighting against the Viet Cong. Therefore, the nature of the conflict was less flagrant and more obscure. Consequently, direct American intervention invited both domestic criticism, as well as from nations abroad. Kennedy then noted that prior to the present, millions had been spent by the French and the Eisenhower administration “for years and with no success.” (Kaiser, p. 116)

    There is no way to understand what Kennedy did in the next two years if these discussions are not elucidated. And they are not. The program then tries to thwart the import of Kennedy’s opposition by using one of the most desperate, insulting arguments I have ever heard: helicopter pilots were the equivalent of combat troops. Which is just silly. Units of combat troops are made up of squads, platoons, companies, battalions etc. One can also divide them around functions, like infantry, armor and artillery. They are designed to either protect territory or to conquer and hold enemy territory on the ground. The first American combat troops arrived in the form of the 3rd Marine Division in Da Nang on March 8, 1965, 14 months after Kennedy’s assassination.

    This is all bad enough, but the program also leaves out the looming figure of John Kenneth Galbraith. Galbraith was sent to Saigon after NSAM 111 was issued because Kennedy wanted to get a report that countered what people like Rostow and the Pentagon were saying. He knew that his former Harvard tutor would do just that—which he did. (John Newman, JFK and Vietnam, second edition, pp. 234-35)

    Galbraith was in town in April, and Kennedy directed him to meet with McNamara. He designated McNamara because, after the November conferences over NSAM 111, Kennedy called a meeting. He arrived late and waited for the small talk to die down. He then began with this: “When policy is decided on, people on the spot must support it or get out.” He then asked who would be implementing his policy for Vietnam. McNamara said it would be him and General Lyman Lemnitzer. Since everyone knew Lemnitzer would be leaving shortly, it would be McNamara. (Newman, p. 146) This is why Kennedy sent Galbraith to meet with him. Galbraith wrote to Kennedy that he was sure McNamara got the message. In that memo, Galbraith states that America should resist any temptation to use combat troops in Vietnam. (Virtual JFK, by James Blight, p. 370) McNamara’s Deputy Roswell Gilpatric later stated that McNamara had told him that the withdrawal program was something Kennedy wanted him to devise in order “to unwind this whole thing.” (ibid, p. 371)

    Less than one month later, at the 5th SECDEF Conference on Vietnam, McNamara ended the meeting and waited for the door to shut. He then addressed the commanding general in Vietnam, Paul Harkins, and his assistant, George Allen. He told them it was not the job of America to fight the war for Saigon. America’s job should be to develop the capability of South Vietnam to do so. He then asked Harkins when that capability could be attained. Harkins said they had not thought yet about a way to dismantle the American advisory structure. McNamara now gave the order to do just that. (Newman, p. 264)

    Because he was so surprised, Harkins dragged his feet about McNamara’s order. But at the May 1963 SECDEF meeting, McNamara collected the withdrawal schedules from members of the CIA, Defense Department and State assembled at the meeting in Hawaii. After he collected them, he looked up and said the schedules were too slow. (Blight, pp. 105-06)

    At this point, McNamara began to talk about a termination date for all American advisors to be out of Vietnam by 1965. That decision was then discussed in meetings at the White House in October of 1963, and then certified by the Taylor/McNamara Report and the approval of NSAM 263 on October 11, 1963. That memorandum ordered the first batch of 1,000 advisors to be out by the end of 1963. Kennedy had sent General Max Taylor and McNamara to Vietnam and wanted them to write a report that would formalize a schedule of withdrawal. (Blight, p. 295, p. 302) They did, and there is evidence the report was actually written in Washington and delivered to those two men. (Howard Jones, Death of a Generation, p. 370) Upon their return to the White House, William Sullivan tried to take out the withdrawal part of that report. Kennedy had it placed back inside. (Newman, p. 411)

    The above is all historical fact. Watch the film’s Part One and tell me how much of this crucial information is in those opening 72 minutes.

    IV

    The capper for the first section was predictable. The film tries to somehow blame Kennedy for both the overthrow of the Nhus—Ngo Dinh Diem and his brother Ngo Dinh Nhu–and their deaths. As I have stated on more than one occasion, there are two excellent descriptions of the cause of the overthrow and the ultimate demise of the Nhus. The sending of the so-called ‘coup cable’ is dealt with in objective detail in John Newman’s JFK and Vietnam. How the brothers met their bloody end is rendered honestly in JFK and the Unspeakable.

    Certain persons in the State Department, like Joseph Mendenhall, who had served as Political Counsel at the American Embassy in Saigon, understood that by the summer of 1962, the war was not going well. He asked the rhetorical question, “Why are we losing?” He blamed it on the Nhu brothers, who would not change their dictatorial rule no matter what pressure was brought. His rhetorical solution was that they had to get rid of Diem, and Mr. and Mrs. Nhu. (Newman, p. 298)

    This foreboding was exacerbated by the Buddhist crisis, which started in the city of Hue in early May of 1963. What began as a local demonstration against religious discrimination was so mishandled by Nhu, chief of security forces, that it turned into a national crisis. And it gradually spread south into Saigon. Madame Nhu smeared it as being communist inspired. And as the public immolations of monks began, she referred to them as “barbecues”, adding that she would supply the gasoline for the next one. (Newman, p. 343) It was this crumbling and chaos that gave the doubters in the State Department the opening for their scheme to rid themselves of Diem and Nhu.

    The cabal consisted of Averill Harriman, Roger Hilsman and Michael Forrestal. They waited for a late August ’63 weekend when the major players were out of the DC area—JFK, Secretary of State Dean Rusk, Defense Secretary McNamara, his deputy Roswell Gilpatric, and CIA Director John McCone. Cables began coming in from the new Saigon ambassador, Henry Cabot Lodge, and the temporary CIA station leader, Lucien Conein, who was in contact with Diem’s opponents in the military. (Newman, p. 354) The generals said that if Washington agreed, they would willingly participate in an overthrow of Diem. Hilsman then prepared a memo instructing Lodge to request Diem to strip Nhu of his powers, and if he did not, then we could no longer support him. If the government broke down, Lodge should tell the generals that we would support them in the interim.

    When Kennedy was contacted in Hyannis Port, he asked why this could not wait until Monday. Forrestal said it was because Harriman and Hilsman wanted to meet the problem right then and there. The president then asked that the cable be cleared by all the principals, especially John McCone. (Newman, p. 355). To make a long story short, Forrestal lied to Kennedy about McCone approving the cable, and Lodge did not go to Diem in advance; he went directly to the generals. When Kennedy got back from Hyannis Port, he was enraged, and Forrestal offered to resign. Kennedy said, “You’re not worth firing. You owe me something, so you stick around.” (Newman, p. 361)

    V

    As Lodge said in a TV interview, when Kennedy discovered the subterfuge, he called the ambassador and asked him to cancel the cable, which he says he did. But the cat was out of the bag. As the Buddhist crisis got worse, the Nhus realized their isolation and began tentative, indirect contacts with Hanoi; but the north demanded that Diem ask the Americans to depart. (James Douglass, JFK and the Unspeakable, p. 191)

    Lodge publicized these contacts in the press, knowing this made the generals even more suspect about Diem. Lodge understood that once he did this, it would, in all probability, prompt a coup attempt. Kennedy tried to get Lodge to talk to Diem, but that did not work. Hilsman encouraged Lodge to continue his policy of silence with Saigon’s leader. (Douglass, p. 192) When Kennedy learned that the CIA had cut off the Commodity Import Program to Saigon without informing him, he shook his head and said, “My God, do you know what you have done?” (Ibid)

    Realizing he was losing control and that Lodge was the wrong man for the job, Kennedy decided that he would try to get Diem out himself, since the writing was on the wall for his inevitable fall. He tried doing this by sending his friend Torby Macdonald to Saigon to plead with him to leave. Diem would not. (Douglass, p. 211).

    The overthrow began on November 1, 1963. Diem and Nhu made a bad mistake by consulting with Lodge as it began and continuing to do so, thus relaying locations as they tried to escape. Lodge was in close communications with Conein, who was, in large part, supervising the generals. Thus, the Nhu brothers’ attempts to escape were playing right into the coup plotters’ hands. (Douglass, pp. 208-10)

    When they learned of the church where they were, General Minh sent a team of five in a personnel carrier to pick them up. The brothers thought that Lodge had arranged an escort to the airport to provide them safe passage out of Saigon. Not suspecting what was planned, they entered the carrier and both were shot in the nape of the neck. Nhu was also shot in the chest and stabbed many times. (Douglass, p. 210) Lodge wrote out the report two days after the killings. He likely got the details from Conein.

    When Kennedy got the news, he recalled Lodge to Washington for the purpose of firing him. (Ibid, p. 375) The Dallas assassination intervened, and Lyndon Johnson kept him as ambassador. Which tells us something about what was going to occur under LBJ. As we shall see, the series is about as poor on that subject as it is on Kennedy.

    Click here to read part 2.

  • The Second Luna Hearing

    The Second Luna Hearing

    Unheard: The Silence of the MSM on the Luna Hearings

    By Matt Douthit

     

    We’ve come to the point where 62 years after the crime of the century—finally, its most important testimony has been given to the highest inquest chamber in the land—only for two news outlets to pick it up. Ultimately, the New York Post and NewsNation are just reporting the news and have turned the page. But this JFK assassination hearing before the House Oversight Committee could be colossal in getting us to the final turn in the maze…a new honest investigation.

    Testifying via ZOOM, 90-year-old Abraham Bolden—the first black Secret Service agent, handpicked by JFK himself—gave his knowledge of a prior Chicago assassination attempt. Skeptics might say Bolden is “the only source” for this—but it’s supported by six other plots that failed. Skeptics have also gone ad hoc: “Now, of course, memories fade over time…Might Bolden have been conflating the Vallee story with [a 1963] rumor?” When basically all you have left is the old shibboleth, “memories are unreliable” excuse—then you have no case. Bolden was railroaded for trying to tell the truth, was imprisoned, the key witness against him later admitted they lied to get the conviction, and Bolden was subsequently pardoned by President Biden. And Jim Douglass corroborated the Chicago Plot story in his fine book, JFK and the Unspeakable.

    Also testifying was 88-year-old Dr. Don Curtis, one of the physicians who tried to save JFK’s life. He had the courage—to stand up—and say in public—under oath—in front of the world—what all the other Parkland doctors did not do: “The wounds I saw were not consistent with the government’s conclusion Lee Harvey Oswald acted alone.” Dr. Charles Crenshaw came close with his 1992 book, Conspiracy of Silence, but Dr. Curtis finally did it. Curtis also revealed that neurosurgeon Dr. Kemp Clark told him he saw an entry wound in the temple. Skeptics might point out this detail is absent from the autopsy report—but it’s supported by 17 other eyewitnesses who saw it. In fact, as the late Don Thomas graphically pointed out via magnified photos one of the autopsy photos—the infamous “Stare of Death”–does indeed indicate this. A frontal shot, of course, disproves the official story.

    Another witness was Doug Horne, former Assassination Records Review Board staff member, who rang the bell on missing autopsy materials, from bullet fragments to photos and X-rays. Skeptics, of course, will be skeptical—but it’s supported by sworn witnesses, the authorized book The Day Kennedy Was Shot and the official inventory itself. The inventory tells us the National Archives once held 29 X-rays, 73 B&W photos, 55 color photos, blocks of tissue sections, 119 slides, and the brain. All that’s there now are 52 photos and 14 X-rays!

    Horne left us with these powerful, thought-provoking words: “You don’t change the autopsy conclusions four different times within 2 weeks after the President’s death if a lone nut killed the President.”

    Next to Horne sat Judge John Tunheim, former head of the Assassination Records Review Board (ARRB). He, along with Dan Hardway, former staff member on the House Select Committee on Assassinations(HSCA), laid out what they described as actions by the CIA to obstruct their investigations. In regards to the now infamous George Joannides file, skeptics have avowed: “But the ARRB looked at it and found nothing of relevance to the JFK assassination.” However, Judge Tunheim addressed this very point: “The CIA misled us…What we got was something very small…The staff was told that was all they had on Joannides, which is clearly incorrect.”

    Perhaps the biggest question garnered from the hearing is this: If the Joannides file “does not contain any material relevant to the JFK assassination,” as skeptics claim, then why is it suddenly missing and can’t be found?

    Another voice heard that day was presidential historian Alexis Coe, who made a dissenting declaration: “As far as the files—no hidden truths, no real disclosures, no shocking revelations.” This is a vastly different conclusion from what JFK historian Jefferson Morley had announced 2 months before: “There’s a bombshell in here. The National Archives released the declassified testimony of James Angleton—the counterintelligence chief—from 1975. And this document indicates that Angleton recruited Oswald as a CIA source or contact, that he monitored Oswald’s movements, political contacts and personal life for 4 years, that he had a 180-page file on Oswald on his desk when the President left for Dallas. So, this is a big breakthrough, there’s definitely a bombshell.” (Piers Morgan Uncensored, YouTube, 3/20/25)

    Ms. Coe did raise an important point: “There is so much concern about coverups with the CIA when it comes to Kennedy, and I don’t see that same concern being translated to Martin Luther King and to his records. It feels like Hoover 2.0.” But it was at this important moment that she was cut off. Will the King case be explored by the Luna Committee? Two good witnesses would be Judge Joe Brown and author John Avery Emison.

    Judge Tunheim left us with these words: “I’d like to see a time when everything has been released, unredacted. It’s 60-something years since the assassination. The assassination was closer to World War I than we are to the assassination. Let’s release the materials, and that’s my plea here, is just get everything out, let people decide what they want.”

    The truth hasn’t spoken its final word—another hearing is not optional; it’s essential.

    (The second hearing may be viewed here)

  • Why Are We Still Declassifying JFK Records? Critical ARRB Final Determinations Buried and Ignored

    Why Are We Still Declassifying JFK Records? Critical ARRB Final Determinations Buried and Ignored

    Why Are We Still Declassifying JFK Records?

    Critical ARRB Final Determinations Buried and Ignored.

    by Andrew A. Iler

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    House Task Force on the Declassification of Federal Secrets Hearing – April 1, 2025

    PART ONE

    Overview

    Part One of this two-part series will initially outline a wider sketch of the circumstances that have perpetuated the controversy around the Kennedy assassination and particularly the continuing refusal on the part of the government to release all of the records related to the assassination. Sharper focus and attention will then be drawn to the subjects of the legal framework created by the John F. Kennedy Assassination Records Collection Act of 1992, and the work of the Assassination Records Review Board (ARRB), an independent federal agency with unprecedented authority to issue binding determinations to release or postpone release of assassination records. Part Two of the series, which will be released soon after, will follow the story of what happened to tens of thousands of agency final orders created by the ARRB and how the (mis)handling of these records resulted in decades long and potentially unlawful delays in the disclosure of assassination records as was required by the law.

    This lengthy article will hopefully act as a primer for those wanting to understand better how it is that the American public has continued to be denied transparency and the full truth in respect to government-held records regarding one of the most consequential and traumatic events in the history of the nation.

    Why are JFK Assassination Records Still an Issue in 2025?

    On April 1, 2025, the House Committee on Oversight and Reform’s Task Force on the Declassification of Federal Secrets (“The Luna Task Force”) met for its first public hearing on the JFK assassination and in part to fulfill President Trump’s commitment to release all of the withheld JFK assassination records. This is the first public hearing in respect to the assassination of President Kennedy in more than thirty (30) years. The last time Congress took up the subject of the assassination was in 1992 when it enacted the John F. Kennedy Assassination Records Collection Act in the wake of Oliver Stone’s blockbuster Academy Award-winning film “JFK”.

    In recent weeks and months the public’s attention has once again shifted into high gear in regard to the secret JFK assassination records….. but why are we still here asking how it is that the records are still being withheld from the public, when a law unanimously passed by Congress in 1992 mandated that all assassination records were to be released no later than by October 26, 2017?

    With Congress re-examining the Kennedy assassination and especially focusing on the issue of government secrecy, the question of exactly how and why JFK assassination records are still being held in secret regarding the murder of President Kennedy should be front and center for the Task Force.

    This article will shed light on a mostly unknown, but profoundly important group of legal documents created by the ARRB in the late 1990s that have been buried and ignored at the National Archives for almost 30 years…resulting in potentially thousands of assassination records being withheld from public disclosure, some for almost twenty (20) years beyond their mandated release dates, despite the existence of legal orders being issued specifically requiring their release.

    This is the story of the Assassination Records Review Board FINAL DETERMINATIONS.

    Introduction

    From even the first hours after gunshots rang out across Dealey Plaza on November 22, 1963, one of the dominant and consistent aspects of the investigations of the assassination of President John F. Kennedy, has been the suppression of evidence, witnesses, critical media, and the hordes of records originated by the investigative agencies, commissions and by ordinary citizens. From the dozens of eye and ear witnesses of a Grassy Knoll shooter who were never called to testify; to the medical evidence arising out of the treatment of the President at Parkland Hospital and the subsequent sham autopsy at Bethesda Naval Hospital; to the Zapruder film that was kept under ironclad wraps by Time/Life for over 12 years; to the fact that Clay Shaw was a highly paid asset of the CIA, to senior CIA officer George Joannides’ connections to CIA operations related to Oswald, and Joannides’ later efforts to obstruct the House Select Committee’s investigation into those same operations in the late 1970s; to the suppression of the FBI’s contacts with Jack Ruby as an informant; to the destruction of assassination records by the secret service; the recent revelations that the CIA had a thick file on Lee Harvey Oswald dating back from 1959 and going right up to November 1963; and finally to the tens of thousands of assassination records collected and reviewed by the ARRB that have remained withheld from public disclosure at the National Archives for more than 30 years despite a law passed in 1992 that said all records were to be released by October 26, 2017.

    It is the last acts of suppression and obstruction that this article will explore: the poorly understood black hole of non-compliance related to the statutorily mandated periodic review and release of assassination records after the ARRB ceased its operations on September 30, 1998. Thousands of assassination records were ordered released by the ARRB, but have remained withheld by the National Archives.

    For over six decades, historians, lawyers, researchers, and the American public have been perplexed by the stubborn refusal on the part of the CIA and other executive agencies to release tens of thousands of records regarding the 1963 assassination of President John F. Kennedy. Which, to this day, have remained hidden in secret files and kept from public disclosure.

    The controversy over the JFK records heightened in October 2017, when President Trump issued the first of a series of en masse postponements that have now spanned three presidential administrations. I wrote a previous article for Kennedys and King on the Trump and Biden postponements in July 2023. A link to that article is here.

    Through an examination of the legal underpinnings of the work of the ARRB and an unfortunately obscured legal document called an Assassination Records Review Board Final Determination Notification, it should become clear exactly how, when and why tens of thousands of assassination records remained secretly withheld at the National Archives and Records Administration for now over 63 years.

    The Assassination Records Review Board

    The John F. Kennedy Assassination Records Collection Act, 1992 (“JFK Records Act”), passed unanimously by Congress, created the Assassination Records Review Board. This was an independent federal agency mandated with the unprecedented authority to collect, review and release Kennedy assassination records that had been classified and withheld by both Congress and by executive agencies and departments, such as the CIA, FBI, Secret Service, National Security Agency, Department of Defense, and even the U.S. Postal Service.

    The ARRB’s declassification authority was unprecedented because, for the first time, an independent federal agency had the authority to review and release assassination records, with a presumption of immediate disclosure. In the words of Congress in 1992: “most of the records related to the assassination of President John F. Kennedy are almost 30 years old, and only in the rarest cases is there any legitimate need for continued protection of such records.” That was the mindset that Congress created for the ARRB, and the members of the ARRB adopted that mindset between 1994 and 1998 when they performed this historical function.

    The ARRB Creates the “Final Determination Notification”

    Sections 2 and 3 of the JFK Records Act lay bare the problems of secrecy and over-classification surrounding the JFK assassination records, which the legislation sought to cure. Of particular importance to the drafters of the JFK Records Act was that the statute needed the teeth of enforcement. Section 2(a)(3) of the Act enshrines this critical purpose and sets up the creation of a complete legal framework that mandates an independent federal agency (the ARRB) with the authority to issue enforceable Agency Final Orders.

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    Section 2(a)(3) of the JFK Records Act

    Senate Report 102-328, which attended the passage of the JFK Records Act in 1992, outlined the purposes of the legislation, stating, “The underlying principles guiding the legislation are independence, public confidence, efficiency and cost effectiveness, speed of records disclosure, and enforceability.” [S. Report 102-328, at page 16] The Report further provided that, “Finally, the determinations of the review board are reviewable and enforceable in a court of law.”

    During its four years of existence, between 1994 and 1998, the ARRB collected and reviewed several million pages of assassination records. The Board voted on the release or postponement of release of each separate record and/or parts of records when an agency justifiably sought continued postponement based on clear and convincing evidence on the strict criteria mandated by section 6 of the JFK Records Act. The Board met with the federal agencies that were seeking postponements and gave them every opportunity to prove their case of a compelling or legitimate need for postponement more than 30 years after the assassination. The review process was tedious, detailed and thorough.

    Section 9(c)(3) of the JFK Records Act required that the ARRB issue a “report” that became known as the “ARRB Final Determination Notification” for each record that it reviewed. Judge John Tunheim, the former Chair of the ARRB, confirmed in an email that, “All of the Board’s determinations were ‘Final Determinations.’ We did not make any determinations about records that did not fit into that category.”

    Further, pursuant to section 9(c)(3), each Final Determination was required to contain a description of the actions of the ARRB, including justification for the actions (i.e., postponing the release of a record) and a description of the proceedings of the ARRB relating to the specific record or action. In addition, each Final Determination required the ARRB to indicate a specified time or occurrence following which the associated record or postponement should be reviewed by the Archivist and the originating agency or the date or occurrence when the record or postponement is deemed appropriate for release to the public.

    The legal framework created by the JFK Records Act ensures that for each and every assassination record that the ARRB reviewed, an ARRB Final Determination was issued and that each ARRB Final Determination is an Agency Final Order.

    Agency Final Orders

    Agency final orders (more properly… final agency actions under the APA style) carry legal significance in administrative law. Namely, agency final orders are the final binding legal decisions made by a government agency, much like how a court order operates in the civil or criminal law systems. Agency final orders mark the end of the administrative process with respect to a matter. Once a final order is issued on a matter, a party cannot go back and attempt to re-litigate a dispute before the relevant agency, on the same issue, which has been finally decided. Agency final orders are essential to administrative law processes, because they are supposed to give agencies and affected parties some sense of finality over issues and to provide an enforceable conclusive decision at the end of the process.

    Only agency final orders can be appealed. The JFK Records Act recognized this through section 9(d)(1), which provides the originating agency with what amounts to an implicit “appeal” process to the President for any ARRB final decision to release an assassination record. More details on agency “appeals” pursuant to section 9(d)(1) will be discussed in later sections of this article.

    One further and very important legal consequence of an agency (such as the ARRB) issuing an Agency final order is that such orders can be enforced by an individual or entity who is seeking to hold a government official or agency to account for non-compliance with statutory and ministerial duties.

    In his 1995 analysis of the JFK Records Act [page 16], ARRB Chief Legal Counsel Jeremy Gunn wrote that,

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    To further complete the legal framework of JFK Records Act and to ensure the Act’s overarching purposes of creating an enforceable and accountable process for the public disclosure of assassination records, Congress made it absolutely clear in sections 11(b) and 11(c) of the JFK Records Act that ARRB Final Determinations were subject to Judicial Review under the Administrative Procedures Act.

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    Section 11(b)&(c) of the JFK Records Act

    Section 7(o)(3) of the JFK Records Act (below) mandates that once the ARRB’s operations come to an end, all of the ARRB’s records are to be transferred to the Archivist to be included in the Collection and that no ARRB record shall be destroyed.

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    It is indisputable that section 7(o)(3) covers ARRB Final Determinations. The ARRB Final Determination Notifications reflect the final decisions of the ARRB on each and every record reviewed by the Board. They are final agency orders that ensure the enforceable and accountable process intended by Congress. They are not classified or protected in any way by the JFK Records Act. The Archivist should have them organized and readily accessible for anyone wishing to review them through a records request.

    In an email dated October 26, 2024, ARRB Legal Counsel Jeremy Gunn confirmed, “… we planned that the wording of the forms be such that even if the record were postponed from release, the form should be subject to release even if the content of the record remained classified. I have a vague memory from an oral statement by Kermit Hall at a Board meeting that the wording on the forms should be preserved so that future scholars could better understand the thinking process that went into decisions to release or postpone. There was no dissent from that observation. Thus, from my understanding and recollection, 100% of the Final Determination forms should be housed at NARA and available for inspection, even if the associated document has not been released.”

    ARRB Final Determination Notifications – The Nuts and Bolts

    Below is a copy of the first page of the ARRB Final Determination for the assassination record catalogued as Record Identification Number (“RIF”) 104-10015-10385.

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    Key parts of the Final Determination Notification form are:

    1. The Record Identification Number, which associates the Determination with a specific assassination record in the Collection;
    2. The date on which the Final Determination was issued by the ARRB, which starts the clock ticking on the appeal period for any disputing agency;
    3. The specific section 6 criteria on which the Board has based its decision to postpone a part of a record; and
    4. The specific disposition Order of the ARRB, which had to be one of the following four options:
      1. Release In Full;
      2. Review on a specified date or occurrence;
      3. Postpone In Part; or
      4. Postpone in Full

    In the example provided above, the Final Determination for RIF# 104-10015-10385, shows that for Postponement #1, the ARRB ordered that the redacted information on the first page of the record was to be periodically reviewed in March 1996, and for Postponement #2, the ARRB ordered the redacted information also on page one of the assassination record to be released in January 2006. When cross-referenced with the actual corresponding assassination record linked here, you can fully appreciate how the ARRB Final Determinations operate. This distinction between orders by the Board for future periodic review versus future release is critical, as will become crystal clear in the rest of this article and in Part Two.

    The ARRB took its responsibility to issue Final Determinations quite seriously. The staff and Board Members worked tirelessly and diligently to collect tens of thousands of assassination records from dozens of government agencies and from private holdings. Each record was diligently scrutinized by the originating agencies and the ARRB. Disputes were hammered out between the ARRB and the originating agencies at tedious meetings over a four-year period. An entire computer and software system was created by the ARRB to track the review process to its culmination in an ARRB Final Determination Notification.

    Chet Rhodes was the computer specialist who was hired by the ARRB in its formative days, before the agency moved into its permanent secured office. Rhodes was responsible for creating the software and hardware architecture of the ARRB’s Fast Track and Review Track record tracking system, which was built on the Lotus Notes platform. Through this software, the ARRB was able to track critical data regarding the ARRB’s activities and actions on each record and generate reports, including ARRB Final Determination Notifications, which were physically printed and stapled to each assassination record once the Board issued its Final Determination on a record. The Final Determination Notifications were also stored on the system and could be reproduced in both digital and paper formats. Rhodes worked for the ARRB until the very last day of the ARRB’s operations on September 30, 1998. We will hear more about his work later in this article.

    The entire point of the computerized review and tracking system used by the ARRB was to culminate in the production of the ARRB Final Determination Notifications. The time and effort invested in this tracking system show the ultimate importance of the ARRB Final Determination Notifications in ensuring that the purposes of the JFK Records Act were fully carried out when the ARRB’s historical work was done.

    At page 38 of the ARRB Final Report, it states that,

    The Review Board’s most basic task was to review postponements claimed by federal agencies in their assassination records and to vote either to sustain or release the information at issue. The review of claimed postponements consumed more Review Board staff hours than any other task and was the primary focus of most of the Review Board’s interactions with the agencies. The Review Board voted on more than 27,000 documents in which the agencies had requested that the Review Board postpone information. Each of these documents required the attention of a Review Board analyst to shepherd the document through the process of: (1) evaluating the postponed information according to the Board’s guidelines; (2) presenting the document to the Review Board for a vote; (3) recording the Review Board’s vote on the postponed information; (4) notifying the agency of the Review Board’s decision; (5) publishing the decision in the Federal Register; and (6) preparing the document for transfer to the JFK Collection. The Review Board’s review process ensured that it scrutinized each piece of withheld information so that the American public could have confidence that it did not postpone any significant information.

    Delays and More Delays

    Although the JFK Records Act became law on October 26, 1992, it took until around April 1994 for the full Review Board to be appointed. The JFK Records Act included a sunset clause that ended the ARRB’s mandated term exactly two years after the date of the passage of the Act (which would have been October 26, 1994). Given this unacceptable situation, one of the Board’s first actions was to seek a “resetting of the clock” on its term. Congress passed a revision to the President John F. Kennedy Assassination Records Collection Extension Act of 1994, which established September 30, 1996, as the new termination date for the ARRB. Pursuant to section 7(o)(1) of the Act, the Board quickly authorized a further one-year extension of its term until September 30, 1997.

    Further delays due to securing its funding from Congress, and given that the ARRB was a new agency, with no staff, no security clearances, no secured office facilities, no computers or equipment, and no structure for its operations, including there being no statutory definition of an “assassination record”, caused much of the first year of the ARRB’s existence to be spent spinning up the new organization and putting in place the policies, processes and tools they needed to fulfill their mandate. As a result of these additional delays, the Board did not start reviewing records and issuing Final Determinations until June 1995, as is reflected in a June 20, 1995, letter from the ARRB to President Clinton.

    Presidential Authority to Override ARRB Final Determinations

    At page 9 of the ARRB’s Final Report, the ARRB explains its authority to issue ‘final and binding decisions.

    While the JFK Act authorized the Review Board to make final and binding determinations concerning the release or postponement of a record, it provided that the President could reconsider any Board determination: “After the Review Board has made a formal determination concerning the public disclosure or postponement of disclosure of an executive branch assassination record or information within such a record,…the President shall have the sole and non-delegable authority to require the disclosure or postponement of such record or information under the standards set forth in section 6 [of the JFK Act]….” Thus, if agencies disagreed with a Review Board determination to release information in a record, the affected agency could “appeal” to the President and request that he overturn the Review Board’s decision.

    Section 9(d)(1) of the JFK Records Act mandated that once the ARRB issued a Final Determination, the President had thirty (30) days to override the ARRB’s Final Order. This means that any agency that wished to dispute an ARRB decision to release a record had only 30 days in which to contest an ARRB release decision to the President.

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    To be clear, section 9(d)(1) recognizes the President’s sole and non-delegable authority over Executive Branch Records. And while the President had full discretion to order either the postponement or release of an assassination record, the only situation wherein the President would be called into play to exercise his authority under section 9(d)(1) was when/if an agency disputed an ARRB decision to release a record within the time period specified in section 9(d)(1).

    If an agency did dispute an ARRB Final Determination, the JFK Records Act imposed, what in law are called “ministerial duties” on the President to issue an unclassified written certification postponing the release of an assassination record, if it was the President’s decision to override the ARRB Final Determination.

    The use of the word “shall” in section 9(d)(1) indicates that the President’s duty to issue a written and unclassified certification within 30 days of the ARRB’s Final Determination was a mandatory and non-discretionary (ministerial) duty. If the President failed to issue his certification within the prescribed 30-day period, his authority to override the ARRB Final Determination would lapse.

    Also part of the mandatory ministerial or non-discretionary duties explicitly mandated under section 9(d)(1) was that the President’s unclassified written certification had to include both the grounds for postponement under section 6 of the Act and a copy of the Identification Aid form (RIF) for the specific record. Each of these requirements (i.e., the 30-day period, the section 6 grounds for postponement, and the inclusion of an Identification Aid) is an explicit ministerial duty.

    Again, to be clear, no one is suggesting that the JFK Records Act was attempting to impede or fetter the President’s discretion to either release or postpone the release of any record. The Act only imposed on the President mandatory non-discretionary ministerial duties that dictated how and when the President exercised his discretion.

    The JFK Records Act put the onus and burden on the President to take action within the 30 days prescribed in section 9(d)(1). Further, the JFK Records Act does not require that the ARRB take further steps to confirm the binding legal status of their Final Determinations should the President fail to issue an override certification pursuant to section 9(d)(1).

    Section 9(d)(1) was not created to be some kind of trap door for the President to indefinitely frustrate the release of assassination records without any justification or affirmative steps being taken.

    All of the above falls into complete alignment with the purposes of the JFK Records Act, which mandates its primary goal as the timely release of assassination records and the creation of an accountable and enforceable process for the release of assassination records, and the availability of judicial review to enforce Final Determinations to release the records in accordance with the Act. It would be an absurdity for Congress to have created a statutory scheme with such clear goals and purposes only to allow for presidential inaction to derail the entire process.

    In his Analysis of the JFK Records Act [page 18], ARRB Chief Legal Counsel, Jeremy Gunn, presaged that given the 30-day time period for the President to provide a written certification to release or postpone a record after the ARRB has issued a formal determination,

    … it would seem advisable for the Review Board to begin negotiations with the White House for the disposition of records once the Board has made its “formal determination.” It may be that the White House, which no doubt does not want to be distracted from its other duties by confronting the task of a document-by-document review, will be willing [to] adopt a procedure that effectively ratifies the Board’s decision within thirty days [after] an agency makes a particularized appeal. The Statute does not seem to require the President to make such an agreement, but it would seem to be consistent with the Statute, to be time and effort efficient, and to spare all parties needless confusion.

    In anticipation of reviewing and issuing tens of thousands of Final Determinations, the ARRB recognized that it would simply not be feasible for the President to certify such a potential deluge of records. In order to circumvent this problem, in early June 1995, the ARRB drafted a Memorandum of Understanding (“MOU”) between itself and the President. The recitals in the Memorandum of Understanding (MOU) provide an illuminating interpretation of the statutory requirements of the JFK Records Act with respect to the duties of both the ARRB and the President regarding the ARRB’s Final Determinations. The most important sections of the MOU are copied below.

    Whereas the Review Board will be reviewing tens of thousands of executive branch records; and Whereas a document-by-document review of assassination records by the President would be a time-consuming effort; and

    Whereas the JFK Act allows the President only “30 days after the Review Board’s determination and notice to the executive branch agency . . . stating the justification for the President’s decision” [Sec. 9(d)(1)], and;

    Whereas the JFK Act requires the President to provide a written “justification for the President’s decision, including the applicable grounds for postponement” [Sec. 9(d)(1)] and;

    Whereas there is a need to establish an efficient procedure for the review of executive branch assassination records to ensure that both the President and the Review Board properly comply with the letter and the spirit of the JFK Act;

    Therefore it is agreed between the President and the Review Board that a protocol should be established to provide for efficient procedures for the review and disposition of the records that the JFK Act presumes will be disclosed and made available to the public.

    The Protocol established by the MOU included the following:

    1. As provided by the JFK Act, the Review Board will promptly notify the President or his designee once a formal determination has been made to release immediately or to postpone release of information in executive branch assassination records and such notification shall in any event be made no later than 14 days after the decision has been made.
    2. The President or his designee shall be informed of all formal determinations by means of a Listing that shall be hand delivered to the White House or to any other location specified by the President or his designee. The Listing shall identify with specificity the documents on which a formal determination has been rendered and the basis for the formal determination.
    3. Unless the President, within 30 days of receiving the Listing, makes a specific finding rejecting a Review Board determination with respect to specific assassination records, the Review Board shall be authorized by the President to release assassination records to the National Archives consistent with the Review Board’s prior determinations as recorded on the Listing.
    4. For each specific assassination record where the President disagrees with the formal determination of the Review Board, the President shall notify the Review Board, in writing, within 30 days of the date that the Listing is provided to the President.
    5. For each specific assassination record where the President disagrees with the formal determination of the Review Board, the President shall explain with specificity the basis for his disagreement so that the explanation can be attached to the record identification form that is to be sent to the National Archives.
    6. The President or his designee(s) shall be granted full access to the assassination records at the Review Board’s office, 600 E Street, N.W., Washington, D.C.

    While no copy of the executed Memorandum of Understanding between the ARRB and the President has been made available by the National Archives or is accessible on any of the popular websites providing archives of assassination records, I was able to obtain copies of internal White House Memoranda regarding the ARRB MOU and the President’s approval of ARRB Final Determinations. These White House documents show that the Chair of the ARRB, John Tunheim, along with Executive Director David Marwell, and ARRB General Counsel Jeremy Gunn, met with Marvin Krislov and Bill Leary of the National Security Council on June 8, 1995, to discuss the ARRB MOU and to seek its approval by the President. The resulting June 17, 1995, memo, addressed to White House Counsel Abner Mikva and then White House Staff Secretary John Podesta, recommended that the White House approve the approach outlined in the ARRB MOU.

    A June 27, 1995, Memorandum for the President, authored by National Security Advisor Anthony Lake, Abner Mikva and John Podesta, all recommended that the President approve the ARRB MOU. This Memorandum to the President was stamped “THE PRESIDENT HAS SEEN 7-11-95” and a handwritten note indicates that “President approved 7/11/95”.

    The existence of these records showing that President Clinton approved the terms set out in the ARRB Memorandum of Understanding closes the circle tightly on ARRB Final Determinations becoming binding and enforceable legal orders, as will be discussed below.

    The ARRB Gets to Work

    Once the ARRB Board got down to the business of reviewing assassination records and issuing Final Determinations, it did not take long for disputes to arise between the ARRB and the originating agencies. The FBI, CIA and Secret Service all contested ARRB determinations to the President, with the FBI being the most aggressive agency in disputing ARRB decisions. Not a lot of information is available regarding the agencies’ appeal briefs in these disputes. But ARRB records show that the Board and staff were ready to do battle with the recalcitrant agencies, including fighting the FBI’s efforts to withhold its records pertaining to its pre-assassination files on Lee Harvey Oswald [ARRB Final Report, pp. 46-47]. According to Appendix 5 of the draft ARRB Annual Report for Year 1996 [at page 24], the multiple appeals filed by the FBI in 1995 alone accounted for a ten-month delay in establishing what type of evidence would support continued postponement.

    The CIA contested three decisions of the ARRB to the President. A draft letter from the ARRB to President Clinton opposing the CIA’s appeal sheds significant light on the ARRB’s interpretation of the law, particularly section 9(d)(1) of the JFK Records Act and the 30-day appeal period. The draft letter states,

    First, it should be noted that this appeal is untimely. The appeal deadline for each of the records at question has long since tolled, and this appeal falls outside any provision of the JFK Act. The CIA’s dire warnings of the serious harm that would follow the release of the information in question lacks credibility if one considers that each of the records could have been released to the public thirty days after the CIA was notified of the Board’s decision. If we are to believe the CIA’s claim of harm, then we must consider their delay in raising the appeal as reckless. [Emphasis added.]

    While the final draft of the letter that Judge Tunheim would send to President Clinton softens the language from the earlier draft letter, the message is very clear….. agencies only had thirty (30) days to contest Final Determinations of the ARRB after notice from the ARRB of its decision, and the President was required to issue a written certification of his decision within the same 30 days.

    The CIA ended up withdrawing all of its appeals, and so did the FBI and all other agencies.

    In the end, the President did not overturn or override any of the ARRB’s Final Determinations. Once the 30-day period passed without the President taking any steps to exercise his authority pursuant to section 9(d)(1), the ARRB Final Determination became the final and binding legal order governing the disposition of the subject assassination record.

    Therefore, all of the ARRB Final Determinations stand as binding Agency Final Orders, and by law, the Archivist and NARA were required to comply with those final agency orders without delay.

    THE ARRB’s FINAL DETERMINATIONS ARE THE LAW REGARDING THE RELEASE AND PUBLIC DISCLOSURE OF ASSASSINATION RECORDS.

    The Race to Issue Tens of Thousands of ARRB Final Determinations

    The JFK Records Act only initially provided for a two-year term for the ARRB to complete its work, although the Board had the option to extend its mandate by an extra year. However due to a year and a half delay in appointing the Board members (as discussed above), by the end of 1995, the ARRB had only issued a few hundred Final Determinations, most of these were “Consent Release” decisions.

    The ARRB Board exercised its option to extend its term by an additional year, which would allow it to continue its work until the fall of 1997.

    At the start of 1996, the clock was already quickly ticking down on the expiry of the ARRB’s temporary mandate, and the pressure was mounting to complete the job of reviewing and issuing Final Determinations for tens of thousands of assassination records.

    On January 29, 1996, ARRB Executive Director David Marwell sent the Board Members of the ARRB a Memorandum “The State of the Board,” in which he provided the Board Members with something of a reality check in regard to the status of their progress. He wrote:

    We will have to review at a rate that will exceed an average of 1100 records for each of the next eight months. As daunting as these numbers appear, they pale in comparison to the review rate that will need to be reached in the Board’s last year if we are to succeed in reviewing the remaining estimated 66,000 records from the CIA’s Sequestered Collection and the FBI’s HSCA Collection. One thing is absolutely certain: we cannot achieve these review rates and complete our mandate unless we make changes in the way we conduct our business.

    In June 1997, the ARRB circulated an internal memo to its staff titled the “ARRB Final Determination Form Project”. Dated June 16-18, 1997, this brief memo (below) demonstrates that the ARRB’s productivity in issuing Final Determinations was in full swing, and that staff were being actively tasked with physically attaching copies of the ARRB Final Determinations to each assassination record, before the records were transferred over to the National Archives to be entered into the JFK Assassination Records Collection. A copy of the full Memo is immediately below.

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    The Final Days of the ARRB

    On September 22, 1998, Peter Voth, who was an Analyst and Computer Specialist at the ARRB, wrote an email that was distributed to all staff at the ARRB (September 22, 1998, was only 8 days before the ARRB’s final day of operations). In his email, Voth stated the following:

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     This message indicates that with only a few days left in the ARRB’s mandate, it was discovered that the CIA had delayed printing out copies of 14,000 Final Determinations, so that these critical legal orders could be attached to the assassination records and transferred to the National Archives before the ARRB ceased to exist. This operation had to take place at the last minute in order to meet the ARRB’s mandated termination date.

    According to Chet Rhodes, the ARRB Board and staff worked feverishly reviewing records and issuing Final Determinations right to the very last hours on its final day of operations on September 30, 1998, before the Agency was shuttered and its lights turned off for good. This is supported by notes to the last meeting in the ARRB Federal Register Publication dated October 6, 1998. This was the final meeting of the Board, happening on September 28, 1998, with numerous Final Determinations having been issued that day. This Federal Register entry advises that individual document-by-document determinations can be obtained by contacting Eileen Sullivan at the ARRB.

    Rhodes further explained that it was largely his responsibility at the end of the ARRB’s operations to manage the winding up of the agency’s computer and records system so that core parts of it could be safely and securely transferred over to the National Archives, which was to assume responsibility for the management of the continuing periodic review and release of the records–in accordance with the ARRB Final Determinations mandated by section 5(g)(1) of the JFK Records Act.

    In fulfilling his responsibilities to wind up and transfer the ARRB computer system, Rhodes advised that he prepared 2-3 computers and the servers to contain all of the software and data from the ARRB’s system, including the full Lotus Notes tracking system which held all of the ARRB Final Determinations, along with all of the other records, communications, and materials created by the ARRB and stored electronically during its operations. He packaged up the entire system, along with back-up copies of the data, before it was transferred to the National Archives, along with a detailed memo that Rhodes had prepared for the Archives staff, so that they could continue to operate the tracking system and comply with the ARRB Final Determinations. The rest of the ARRB’s computers were decommissioned in keeping with government policies.

    Rhodes also ensured that the National Archives had his contact information so that he could continue to consult with them about using and maintaining the tracking system. Much to Rhodes’s surprise and disappointment, the National Archives never reached out to him.

    Conclusion of Part One

    The ARRB was clearly under extreme pressure to complete its mandate by its sunset date of September 30, 1998, and it was pushing records and determinations out the door right up to the last minute. The Final Determinations were the pinnacle of the ARRB’s work and the embodiment of the purpose of the JFK Records Act to create an accountable and enforceable process for the public disclosure of all Kennedy assassination records.

    The American public demanded accountability and transparency from its government with respect to the JFK assassination. Congress responded by passing the John F. Kennedy Assassination Records Collection Act in 1992. Congress further authorized significant funding for the Assassination Records Review Board to undertake and complete the gargantuan task of collecting and reviewing millions of pages of records, but more importantly…. Issuing tens of thousands of legal agency final orders dictating the final disposition and release of each of these records.

    Given the resources invested in the project, as outlined in the pages above, it would be reasonable to believe that the government ensured that the work of the Assassination Records Review Board would receive a high level of care and scrutiny by Congress, and also by the agency mandated with the duty to maintain the JFK Assassination Records Collection and implement the orders contained in each ARRB Final Determination.

    In Part Two of this story, we will learn what actually happened to the ARRB Final Determinations and how much of the ARRB’s work was thwarted once the National Archives gained full control over the periodic review and release processes mandated by the JFK Records Act. Part Two will conclude with legal recommendations on what current Congressional Oversight Committees and Task Forces can do to ensure that all ARRB Final Determination Forms are located, properly archived, and fully complied with in accordance with the ARRB’s final agency orders for release of assassination records.

    Click here to read part 2.

  • Oswald’s Flight to Finland: The Steenbarger Interview

    Oswald’s Flight to Finland: The Steenbarger Interview

    Oswald’s Flight to Finland: The Steenbarger Interview

    by Scott Reid

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    Prestwick Airport is located on the West Coast of Scotland and is most famously known for being the only place where Elvis Presley stepped onto British soil during his life. This was in March 1960 when he was returning from American Army National Service in Germany. It was a brief visit of only a few hours. Prestwick Airport was used as a short refuelling stop in those days for military aircraft making their way back to the USA from Europe.

    Did Lee Harvey Oswald also make a stop at Prestwick Airport, but earlier, in October 1959? Documents released a few years ago provide details of an interesting story that has largely flown under the radar. Is it possible that the future alleged assassin of President Kennedy made such a stop along the way as he was defecting to the Soviet Union?

    The conventional account is that Oswald made his way to Europe, travelling for two weeks on a freighter that departed from New Orleans on 20th September 1959 and arrived in France on 5th October 1959. He then appeared in Helsinki, Finland, five days later before entering the Soviet Union on 15th October 1959.

    If not the real Oswald, could the alleged Prestwick Airport sighting just be a case of honest mistaken identity, a member of the public seeking fame and notoriety, or another Oswald imposter? This article will try to answer these questions. To this end, I’ll firstly outline the story and note my research findings – and then assess whether this is compatible with what we know about Lee Harvey Oswald and furthermore, how he entered the Soviet Union in October 1959.

    The Flight to Europe

    Maurice Steenbarger worked for the US Air Force, and in October 1959 was stationed in Phalsbourg, France as a civilian auditor with the Auditor General. Phalsbourg is in the north-east of France and close to the border of what would have been West Germany at the time. Major US military bases in RheinMain and Frankfurt were only a few hundred miles or so away from the French/West German border.

    Louise “Lola” Steenbarger decided to visit her husband in France in October 1959 and took their eight-year-old son, David, along with her. She told her story to the House Select Committee on Assassinations (HSCA) in September 1978.

    Travel from the US to Europe was arranged via the military. Lola and her son left from their home in Marion, Indiana and travelled to Bunker Hill Air Force Base (now called Grissom) in the same state. From there, they were flown to McGuire Air Force Base in New Jersey. This was the point of departure from the US for Military Air Transport Service (MATS) flights destined for Europe. MATS was an air transport service that would deploy troops and equipment to US military bases in Europe, Africa and other places across the world. Families and other military personnel could catch a “hop” on one of these flights.

    The following is taken directly from the HSCA report dated 26th September 1978 (HSCA: 180-10102-10267) of an interview conducted with Lola Steenbarger. She recalled that the flight to Prestwick Airport took place in mid-October 1959.

    On the airplane her son sat in the window seat and she sat in the middle. The man sitting in the aisle seat said his name was Lee Oswald; she doesn’t remember him using a middle name. He seemed tense and didn’t say much; he gripped the arms of the seat so tightly that his knuckles were white. She thought he was merely afraid of flying. He was quite taciturn and actually seemed hostile when she tried to talk to him.

    The young man relaxed after they had a meal. He seemed to her like he had a lot of pent-up emotion. He said he had served in Japan and the Philippines. He was wearing a Marine Corps uniform. He said he had fallen in love with a Japanese girl and had been imprisoned in either Japan or the Philippines because he wanted to marry her. He said he was being shipped to Germany by the military; the departure had been so hastily arranged that he had not even been able to see his mother.

    Mrs Steenbarger described the man as having light to sand hair, light eyes, with sharpshooter medals on his uniform, a name plate saying “Lee Oswald” and a slight Southern accent.

    He said his father was named Robert E. Lee Oswald. He talked about putting down the American system. He said he was being shipped to Germany because they needed him right away and that he had a skill he could use there, but she doesn’t recall if he specified what skill.

    The plane landed to Prestwick in Scotland. Mrs Steenbarger and her son deplaned to use the restroom. Oswald said he was ill. He stood at a distance and seemed to be watching her coldly and suspiciously. After that, he didn’t speak to her any more.

    When they got back on the plane the man named Oswald sat across the aisle from her and her son and a couple rows up. Another man in nice civilian clothes sat next to her. He let a cigarette dangle on the armrest but appeared distracted and did not smoke it. There may have been other civilians on the plane, but she is not sure.

    The man named Oswald told her that he was still under surveillance from his trouble with the military police. The man sitting next to her after Oswald moved behaved so oddly that she wondered if he was in fact the person who was watching Oswald.

    Their plane landed at either Rhine/Maine or Frankfurt. That was the last she saw of the man named Oswald. She did not notice how he left the airfield.

    Mrs Steenbarger offered that her travel arrangements and possibly a manifest of that flight could be gotten from the Air Force.

    The full HSCA statement can be found here (courtesy of John Armstrong’s digital archive at Baylor University).

    As someone who was born and has lived in Scotland all his life and been fascinated by the JFK assassination for many years, this story interested me very much. Prestwick Airport is around 50 miles from my home. Could it be true that the alleged assassin of President Kennedy stepped foot on Scottish soil on his way to the Soviet Union? I decided that I had to investigate further.

    However, I’m not the first to do so. Veteran JFK assassination researcher, Bill Kelly, had gotten wind of the story before me. He had written about it twice back in 2014 for his JFKcountercoup blog. My initial thinking was to check for flight manifests to find out if there was a record of a Louise Steenbarger and Lee Oswald being on a MATS flight from the US to Prestwick Airport and then on to Germany, but Bill had already checked this out. He had previously contacted McGuire Air Force Base and been informed that they did not keep passenger manifest records.

    No surprise there, I hear you say!

    Could such a flight be authentic?

    My next step was to visit The Mitchell Library in Glasgow. I went there because they held flight logs relating to Prestwick Airport for the period in question. I was particularly interested in finding out if records still existed of flights from McGuire Air Force Base to RheinMain or Frankfurt that stopped at Prestwick Airport.

    The library kindly provided me with the Aircraft Movement Logbooks from October 1959 in advance of my visit. The flight logs from that period were dusty old books with the pages completed in pencil – with inbound flights to Prestwick Airport on one side of the book and outbound flights on the other side.

    I discovered that there were plenty of inbound flights from the US during October 1959 that stopped off at Prestwick Airport and then departed for RheinMain (and also Frankfurt). They arrived almost daily and typically stayed at Prestwick for only around an hour or so. This information was encouraging as it substantiated that part of Lola Steenbarger’s claim. The problem was that the logs did not record these flights as originating from McGuire Air Force Base. They were arriving instead from a place called Harmon or Stephenville. This confused me. Where and what were Harmon and Stephenville?

    It didn’t take me too long to discover that Harmon was actually a reference to the Ernest Harmon Air Force Base in Stephenville, Newfoundland. This was a former base built by the US Air Force in 1941 until its closure in 1966. Whilst located in Canada, it essentially existed as an enclave of US territory during that period. A little bit more digging online revealed the existence of a map that detailed MATS flight routes from the US to Europe and Africa. This clearly showed that there were no direct flights from McGuire Air Force Base to Prestwick Airport. Instead, the flights left McGuire and stopped off at the Ernest Harmon Base first (presumably to refuel) before proceeding over the Atlantic Ocean to Prestwick Airport and then on to RheinMain.

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    (Photo Credit: https://en.wikipedia.org/wiki/Military_Air_Transport_Service)

    This all meant that Lola’s story was at least plausible insofar as the credibility of the flights she took was concerned. But what can we make of the conversation and information she obtained from the man with the name plate, saying he was Lee Oswald? There are several obvious similarities between what she said she was told by this man and what we know of Lee Harvey Oswald.

    Coincidence, Consistency and Contradictions

    In addition to the name plate, Lola confirmed the following details in her HSCA interview that we can confidently state are consistent with information that has previously been reported about Lee Harvey Oswald:

    1. His father was indeed named Robert E. Lee Oswald – who died on 19th August 1939, two months before Lee was born.
    2. Lee did serve in the Marine Corps – from around October 1956 until September 1959.
    3. He did spend time in Japan whilst in the Marine Corps – from around September 1957, and was based at the Atsugi Naval Air Facility just outside Tokyo.
    4. There were several reports that he was involved with a Japanese lady – who worked at a bar called the Queen Bee near the Atsugi base or even in Tokyo (whether this relationship was genuine or part of some kind of intelligence gathering operation is open to question).
    5. Lee was imprisoned whilst in Japan – for picking a fight with a senior officer in a bar and pouring a drink over him.
    6. He also spent a few months in the Philippines – from around January 1958 to March 1958.
    7. Lola said the man had “sharpshooter medals on his uniform” – Lee did score just above the requirements for a sharpshooter, not long after he joined the Marine Corps (it is worth adding that he fell to the level of marksman in a further test in 1959).
    8. Lola said the man had “light to sand hair” – Lee had brown hair.
    9. She said the man had a “slight Southern accent” – Lee was born in New Orleans.
    10. The man had “light eyes” – Lee’s eyes were blue.
    11. Oswald was indeed generally known to be a quiet and taciturn individual.
    12. He had spoken previously about his discontent with the American political system – although was this genuine bitterness or part of his cover as an intelligence agent and future defector.

    These details would all seem to be extraordinary coincidences if Lola Steenbarger were not speaking to the real Lee Oswald. Is it realistic that a completely different person, but also called Lee Oswald, could share so many similarities?

    Of course, it is important to add that her interview also included details that would not be consistent with what we know about Oswald. For example, he had been discharged from the Marine Corps a month before this encounter took place. He also said that his departure from the USA had been “so hastily arranged that he had not even been able to see his mother.” But when Oswald was discharged from the Marine Corps in September 1959, he did in fact go to Fort Worth and saw his mother for around three days. He wasn’t imprisoned in Japan because he had fallen for a Japanese girl, and it is not known exactly what skill he had that necessitated such an immediate transfer to Germany.

    Freighters, Ferries and Finland

    It is worth reviewing at this moment the official narrative of how Lee Harvey Oswald is supposed to have travelled from the USA to Europe, before his eventual defection to the Soviet Union on 15th October 1959. And this journey does not involve a Military Air Transit Service flight to Prestwick Airport in Scotland.

    In early September 1959, Oswald applied for a passport in Los Angeles. His passport application indicated that the reason for applying was that he wanted to attend the Albert Schweitzer College in Switzerland and the University of Turku in Finland. He also planned to travel to Germany and France, among other countries mentioned. Oswald was issued with a passport on 10th September 1959. The next day, he was released from active duty with the Marine Corps. He then visited his mother and other family in Fort Worth. He only stayed for a few days. He told his mother that his plan was to find work on a ship in the export-import business, and there was money to be made in such employment.

    Oswald left his mother around $100 and then headed to New Orleans. On 17th September 1959, he paid $220.75 for passage to Europe on a freighter called the SS Marion Lykes. In addition to the ship’s crew, there were three other paid passengers on board. They were 18-year-old student Billy Joe Lord (who Oswald roomed with during the voyage), retired US Army Lieutenant Colonel George Church Jr, and his wife Beauford.

    ScottReidFinland 3

    (Photo Credit: www.shipsnostalgia.com)

    The SS Marion Lykes left New Orleans on the morning of 20th September 1959. The freighter spent just over two weeks at sea crossing the Atlantic Ocean – arriving in La Rochelle Pallice on the west coast of France on 5th October 1959. It was here that Billy Joe Lord disembarked to begin his studies in France. Lord and Oswald had just spent two weeks together.

    In an affidavit given on 26th June 1964, Lord provided some details of his interactions with Oswald. He said that Oswald told him that he had recently been discharged from the Marines and was bitter because his mother had to work in a drugstore in Fort Worth. Oswald gave Lord no indication that he was planning to defect to the Soviet Union, but mentioned about attending a school in Switzerland. This would likely be a reference to the Albert Schweitzer College that Oswald mentioned on his recent passport application form. They also discussed religion. Oswald did not show him his passport or any military identification.

    According to Lord, he never saw Oswald again after leaving the ship in La Rochelle. Billy Joe Lord is also an interesting individual. On 2nd February 1977, he wrote a letter to President Carter stating his belief that the CIA and FBI were suspect in the assassination of JFK and that it was a coup d’etat. He was a man with his own story to tell.

    ScottReidFinland 4

    (Photo Credit: courtesy of Linda Zambanini)

    On the evening of 6th October 1959, the SS Marion Lykes left La Rochelle and travelled around the north-west coast of France, arriving in Le Havre early on 8th October 1959. It is here that Oswald is said to have disembarked the ship, and his passport is stamped as entering and leaving Le Havre on this same day. It is thought that Oswald then boarded another ship and journeyed across the English Channel, arriving in Southampton, England, on 9th October 1959. His passport is stamped to indicate arrival in Southampton on that date. He then seems to have made the approximate 80-mile trip to London. Another stamp on his passport indicates that he left London Airport on 10th October 1959.

    ScottReidFinland 5

    (Photo Credit: Dallas (Tex.). Police Department. [Lee Harvey Oswald’s Passport], text, 1959~/1963~; (https://texashistory.unt.edu/ark:/67531/metapth338438/: accessed February 15, 2025), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Dallas Municipal Archives)

    It is widely believed that Oswald then flew directly from London to Helsinki, Finland, that evening. However, records indicate that the only flight from London to Helsinki on 10th October 1959 landed in the Finnish capital at around 11:33 pm. Oswald then checked into the city’s Hotel Torni. The reservation book of the hotel, though, said that Oswald checked in on 10th October 1959. How is it possible that he could have exited the plane, cleared officialdom and gotten from the airport to the hotel all in less than 27 minutes? Seems a rather unlikely scenario, unless the hotel check-in receptionist was rather careless in completing the necessary paperwork. This leg of Oswald’s journey in his defection to the Soviet Union has had many scratching their heads over the years, including the CIA.

    In 2023, the Finnish Secret Service (known as Supo) declassified and revealed its files on Lee Harvey Oswald. They were very skeptical that Oswald arrived in Helsinki via a late-night flight directly from London. According to Supo, Oswald’s name did not appear on any arrival lists. They felt it was more likely that he arrived in Helsinki via Stockholm, Sweden, either by plane or ferry. Flights from Stockholm to Helsinki on 10th October 1959 landed at 12:25 pm, 3 pm and 4:55 pm. A ferry from Stockholm to Turku arrived at 8:35 am. Turku is a city located on the southwest coast of Finland, approximately 100 miles west of Helsinki. Passengers would have made the rest of the journey by bus to the capital, arriving around noon. The reader will recall that Oswald also mentioned Turku in his passport application form. This all sounds like a more realistic travel itinerary than the mad dash from the airport at 11:33 pm. A Swedish newspaper reported shortly after the JFK assassination that they also felt Oswald had gone to Helsinki via Sweden. On 15th October 1959, and having successfully and very quickly obtained a visa, Oswald left Helsinki heading for the Soviet Union.

    Will we ever know for sure how Lee Harvey Oswald found his way into Finland? Are Supo and the Swedish newspaper correct when they speculate that he likely arrived there via Sweden? Or was the Hotel Torni receptionist just not too fussed about the check-in times he or she entered in the arrivals book? Or could Oswald’s journey perhaps have included another MATS flight or “hop” that was secret and remains undiscovered to this day?

    We know Oswald was in the Marine Corps, but how much would he have known about MATS flights? On 8th August 1961, he wrote to the American Embassy from his apartment in Minsk, Belarus, seeking to return to the USA. His letter stated that he could not “afford to fly direct from Moscow to New York” but that he believed he “could catch a military hop back to the States, from Berlin.” He went on to write that “Perhaps a letter from the Embassy explaining my position, which I could then show the military in Berlin, would assist me to get a hop.”

    Oswald was indeed aware of the existence of MATS flights and their purpose.

    The ubiquitous Lee Oswald

    Was the man that Lola Steenbarger spoke to perhaps another of the numerous Oswald imposters? If it was known that the “real” Lee Oswald was defecting to the Soviet Union via France/UK/Finland, was the purpose of the man on the MATS flight to Prestwick Airport to deflect, distract, confuse and muddy the waters – throwing potential investigators or adversaries off the scent from the get-go?

    On 3rd June 1960, FBI Director, J Edgar Hoover, wrote to the US State Department, as he was concerned that Oswald was being impersonated. He wrote that “Since there is a possibility that an imposter is using Oswald’s birth certificate, any current information the Department of State may have concerning subject will be appreciated.”

    There are several recorded incidents of Oswald being impersonated at the same time when he was supposed to be in the Soviet Union.

    The alleged encounters of Oswald took place in New Orleans. In January 1961, two men visited the Bolton Ford Dealership on Canal Street. They were interested in buying ten Ford Ecoline Trucks and spoke with the Assistant Manager, Oscar Deslatte. One of the buyers identified himself as Joseph Moore. The other man was unidentified at this time. They said they were representing the Free Democrats of Cuba. Oscar Deslatte went to speak to his boss, Fred Sewall, who told him to give the two men a bid that would make the business a profit of $75 over the purchase of each truck. When documentation was being completed for the sale of the trucks in the name of Joseph Moore, the other man began talking to Deslatte and Sewall. He said that the name of the group they represented should be corrected on the official paperwork to “Friends of Democratic Cuba,” as he was “the man handling the money.” Deslatte asked him his name, and the man replied, “Lee Oswald.” Deslatte retained a copy of the bid form for his own records, and the name “Oswald” can be seen on the top right-hand section of the form.

    ScottReidFinland 6

    (Photo credit: https://harveyandlee.net/Misc/Bolton.html)

    A similar incident was recalled by another car salesman, James Spencer. During the period from February to August 1961, James Spencer was employed by the Dumas and Milnes Chevrolet Company in New Orleans. Shortly after the assassination of President Kennedy, he saw a photograph of Lee Harvey Oswald on TV and felt sure that he had seen this man before, but could not place exactly when and where. He looked through his wallet and found a business card that he used when working for Dumas and Milnes. On the back of the business card in Spencer’s own handwriting were the words “LEE OSWALD, Magazine Street.” He recalled a man who had come into the car lot and was interested in a particular vehicle, maybe a 1958 Chevrolet. The man returned a second time, and Spencer dealt with him on both occasions. They went for a coffee to discuss a possible sale, and he obtained the name and address of the individual and wrote it down on the back of the business card. The man also spoke in favourable terms about Fidel Castro. Spencer also recalled that the man insisted on buying his own coffee and had made such an impression on him that he mentioned him to his wife, something he hardly ever did. Whilst Spencer did not personally see this man handing out pro-Castro leaflets on the streets of New Orleans, he did remember that others were involved in such activities at that time. We should note that when Oswald went to New Orleans in the summer of 1963, he both worked and lived on Magazine Street.

    All the above instances are interesting and important because at the time the New Orleans car salesmen said they saw their Oswald, the man we know as Lee Harvey Oswald was living in Minsk, over 5,000 miles away. There are so many examples of Oswald lookalikes and imposters that a whole Chapter is dedicated to the topic in the excellent book The JFK Assassination Chokeholds (Camp Street Press, 2023) by James DiEugenio, Paul Bleau, Matt Crumpton, Andrew Iler and Mark Adamczyk. However, the story of Lola Steenbarger did not feature in the chapter.

    Stepping into the light

    The thing that really makes Lola’s story unique in comparison to other similar Oswald incidents is the level of detail she was able to include that was consistent with facts generally known about Lee Harvey Oswald.

    One of the criticisms that is often levelled at witnesses who come forward and tell their story is that they are seeking the spotlight or some kind of notoriety in the public eye. I have often felt that kind of criticism to be unkind and a cliché. It is more reasonable to acknowledge that people’s recollections can perhaps become a bit hazy, especially if many years have intervened, rather than being eager to be on the front pages of the newspapers or to become overnight celebrities. We should take a moment to consider the context and time of when Lola Steenbarger gave her interview to the HSCA.

    Their report of her statement was dated 26th September 1978, following a call made by investigator Surrell Brady to Mrs Steenbarger. Lola had just recently contacted the HSCA to advise that she had something of interest to tell them. The HSCA was established in 1976 to look again at the assassinations of President Kennedy and Martin Luther King Jr. It was big news at the time. Over the next few years, they interviewed many high-profile witnesses, including Marina Oswald. What would motivate Lola to come forward and tell her story after all these years? It was well known that many witnesses to the murder of JFK had disappeared and died in mysterious circumstances in the years following the assassination. This continued into the period up to and around the HSCA investigation.

    Chicago mobster Sam Giancana was murdered in June 1975 during the time when the Church Committee was holding hearings and investigating the CIA, and their assassination attempts on Fidel Castro. The Agency had recruited the mob to assist in this endeavour. Another member of the Chicago Outfit was Johnny Roselli. He gave testimony to the Church Committee in 1975. The following year, they wanted to hear from him again, but Roselli had since disappeared. In August 1976, his decomposed body was found chopped up in an oil drum floating in a Florida bay. An acquaintance of Lee Oswald was George de Mohrenschildt. He had known Oswald in Dallas during 1962 and 1963. The HSCA was keen to hear from de Mohrenschildt as well. But before they could obtain information from him, he died from a shotgun wound to the head. This happened in March 1977 and was officially deemed a suicide. Some have suspected foul play was at work instead.

    It is not known if Lola Steenbarger personally knew about these violent deaths, but it would be surprising if she didn’t, given their high-profile nature and possible links to the Kennedy assassination. Despite this, she still came forward to tell her story. It would perhaps be fairer and more appropriate to thank people like Lola Steenbarger for having the bravery and integrity to come forward when it surely would have been easier to stay silent and not reveal what she knew. We owe her, and many others like her, a debt of gratitude for deciding not to stay in the shadows but instead courageously putting their experience on the record.

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    (Photo Credit: www.findagrave.com)

    Louise “Lola” Steenbarger died on 29th August 2008. She was 85 years old. Her son David, who was on the MATS flight with her in October 1959, died eleven days after his mother. He was only 56 years old. Their deaths so close together are very sad, tragic and poignant.

    The author JRR Tolkien once wrote that, “courage is found in unlikely places.” Lola Steenbarger epitomises Tolkien’s words.

    I hope that this telling of her story helps to keep her memory alive.

    It also adds to the intrigue and mystery of the enigma that continues to be Lee Harvey Oswald.

  • The JFK Files Volume II: Pieces of the Assassination Puzzle

    The JFK Files Volume II: Pieces of the Assassination Puzzle

    The JFK Files Volume II: Pieces of the Assassination Puzzle

    By Jeffrey Meek

    Jeffrey Meek is the only writer I know who is allowed to pen a regular column on the JFK case. He writes for the Hot Springs Village Voice newspaper. He has now published his second collection of articles from that paper and added two long essays he wrote for the new version of George magazine. I have previously reviewed his first collection on this site. (Click here for that critique https://www.kennedysandking.com/john-f-kennedy-articles/the-jfk-files-pieces-of-the-assassination-puzzle)

    The main title of this anthology is The JFK Files, Part 2. This second collection leads off with an interview of the late Jim Gochenaur. People who have watched Oliver Stone’s JFK Revisited will know who Jim was. Jim was interviewed by the Church Committee. As the witness says here, and he said to Stone off-camera, that interview transcript went missing. When he arrived in Washington, he was first interviewed by staffers Paul Wallach and Dan Dwyer, and then by Senator Richard Schweiker himself. Schweiker, of course, made up half of the subcommittee running the inquiry into the JFK case for Senator Frank Church. The other half is Senator Gary Hart.

    What makes that loss even odder is that the man he was interviewed about, Secret Service agent Elmer Moore, was also brought in for an interview. The transcript of that interview is available. Jim met Moore back in early 1970 in Seattle when he was doing an academic assignment concerning the JFK case. The following year, he went to visit Moore in his office. Moore agreed to talk to him about his Secret Service inquiry into the JFK case, which began about 72 hours after Kennedy was killed. But he would only speak to him on condition that he took no notes or made no tapes, and he understood that if anything he said appeared in public, Moore would deny it. (p. 5)

    Since most of this site’s readers have seen Stone’s documentary, I will not repeat the things that Jim said on camera for this review. There are some things that Stone and I did not cover in that interview (we did that one jointly). For example, Jim told Jeff that Moore considered George DeMohrenschildt—nicknamed The Baron–a key player in the case. But unfortunately for Moore, he could not get access to him once President Johnson put the FBI in charge of the investigation. Moore also told Jim that he could not understand why Captain Will Fritz did not make a record of his questioning of Oswald, since he knew that there were two stenographers on hand for the Dallas Police. (p. 6). Moore also had a print copy of one of the infamous backyard photographs of Oswald with a rifle and handgun. Jim noted that one could easily see a line through Oswald’s chin. I don’t have to inform the reader why that is of central importance.

    Jim was also interviewed by the House Select Committee on Assassinations (HSCA). Strangely, that was only a phone interview. Even though the HSCA lasted much longer than the Church Committee and was a direct investigation of the JFK case, the Church Committee was chartered with only inquiring about the performance of the FBI and CIA for the Warren Commission. But further, Jim said they were more interested in another acquaintance he made in Seattle, namely, former FBI agent Carver Gayton. Gayton had told him that he knew James Hosty–whom he met after the assassination. The former Dallas agent told Carver that Oswald was an FBI informant. (p. 11) This action by the HSCA is odd since Jim always insisted that Moore was a more important witness than Gayton was. This two-part interview with Jim Gochenaur is one of the volume’s three or four high points. Made all the more important and poignant since Jim has passed.

    II

    Another interesting interview that Jeff did was with a man named Lee Sanders. Sanders was on the Dallas Police force at the time they were participating in a reconstruction of the assassination. This was for the acoustics testing that the HSCA did towards the end of their term. Sanders was involved with crowd and traffic control during a five-day assignment. Live ammunition was being used in these tests. (p. 49)

    Sanders said that the DPD’s best marksman, a man named Jerry Compton, took part in the tests. He and an FBI sharpshooter took their shots from the sixth floor of the Texas School Book Depository. Between test firings, Compton would come down out of the building. Sanders overheard Compton say that they were having problems repeating what the Warren Commission said Lee Oswald had done. As Meek writes, “The scuttlebutt from other officers was that there must have been other shooters.” (p. 49). Sanders then added, “We just didn’t think that one guy could have done this. We didn’t say that in public because it wouldn’t have been good for your career, not if you wanted to stay in good stature with the department.”

    Meek interviewed former Commission counsel Burt Griffin about his 2023 book, JFK, Oswald and Ruby: Politics, Prejudice and Truth. As an interviewing journalist, Meek is rather merciful with Griffin. His technique was to let him burn himself. Griffin tells Jeff that Jack Ruby shot Oswald out of anti-Semitism. He wanted to be seen as an avenger due to the infamous black bordered ‘Wanted for Treason’ ad in the papers. That was signed by a Bernard Weissman. This is Griffin’s money quote about Jack Ruby: “He was convinced at the time, and for the rest of his life, that antisemites were involved, with the goal being to blame the Jews for the president’s assassination.” (p. 56) Griffin properly labels this as his conclusion. He then adds that Jews were being blamed for the attack on General Walker in April of 1963. He then states, “So, antisemitism was an important factor in Dallas at the time.”

    Griffin then continues in this nonsensical vein by saying that there is no evidence that anyone else was involved in the JFK assassination except Oswald. He then adds the antique adage that the Commissioners always use: that the Commission’s goal was to locate a conspiracy. And if he could have done so he would have had an acclaimed political career. Meek does not say if he giggled during these comments. I assume he did not. His goal was to keep Griffin spouting these absurdities, which Griffin did by using Howard Brennan as a reliable eyewitness to the assassination.

    Something puzzling comes up next. It appears to be Griffin who surfaces the fact that the Commission has Jack Ruby entering the basement through the Main Street ramp. The book says that Sgt. Patrick Dean was the head of security, and Dean said no, Ruby did not come down that ramp. ( Meek, p. 57) But if one reads the Warren Commission volumes, one will see that it was Dean who was the first person to say that Ruby proclaimed he did come down the Main Street ramp. And this was right after the shooting. This information is also contained in Paul Abbott’s recent book about the shooting of Oswald by Ruby. (Death to Justice, pp. 226-27) In fact, Abbott implies that Dean might have manufactured this quote by Ruby since, initially at least, no one else heard it. It did not catch on as a cover story for the DPD until November 30th. (ibid) In fact, according to one disputed journalistic account, Dean even said he saw Ruby come down the ramp, which was not possible. (Abbott, p. 229).

    But here it states that Dean said that Ruby did not come down that ramp. It was then this dispute that caused a blow-up between Griffin and Dean. (Meek, p. 57). But yet in Seth Kantor’s book on Ruby he has excerpts from some of Griffin’s contemporaneous memos. This is what one of them says:

    If Dean is not telling the truth concerning the Ruby statement about coming down the Main Street ramp, it is important to determine why Dean decided to tell a falsehood about the Main Street ramp. (p. 288)

    In that memo, Griffin wrote that he thought Ruby came in some other way. And that Dean, who was responsible for security that day, “is trying to conceal his dereliction of duty.” In fact, Griffin even theorized that Dean “simply stated to Ruby he came down the Main Street ramp.” Evidently, through the intervening decades, something got lost in translation or dissipated down the memory hole.

    III

    One of the most fascinating tales in the book was not directly told to Meek. He relates it from an MSNBC show in 2013, an interview with HSCA staffer Christine Neidermeier. She said there was a lot of pressure for the committee to downplay any talk about conspiracy. It also became clear that it was going to be difficult getting straight answers from the CIA, and to a lesser extent, the FBI. (p. 69)

    She then related that she got a call from a man she thought was an FBI agent. Because he seemed to know everything she had told another agent. One of the things she said was that she leaned toward the conspiracy verdict since the HSCA could not duplicate what Oswald did in their rifle tests. The caller then revealed that he knew all about her classes at Georgetown, and also some of her friends. He then said that, with such a bright future ahead of her, maybe she should rethink her position. Niedermeier said this call rocked her back on her heels.

    Three other highlights of the book are interviews by Meek with Morris Wolff, Dan Hardway and Marie Fonzi.

    Wolff was a Yale Law School graduate who was employed by Attorney General Bobby Kennedy in his Office of Legal Counsel, where he worked on civil rights, and also contributed to the famous Peace Speech at American University. (Meek, pp 74-75) According to Morris, he was also a bicycle messenger between the AG and the president when Bobby wanted to get around J. Edgar Hoover. After JFK was killed, Bobby suggested that he go over to the staff of moderate Senate Republican John Sherman Cooper. According to Morris, when Cooper served on the Warren Commission, he was strongly opposed to the Single Bullet Theory. (p. 71)

    The interview with Dan Hardway was for a three-part review of the investigations of the JFK case by the federal government. HSCA staffer Dan tells Jeff that, at first, he and his partner Ed Lopez were stationed at CIA headquarters and allowed to have almost unrestricted access to requested files. That changed in 1978 when Scott Breckenridge, the main CIA liaison, told the HSCA that they were bringing in a new helper, namely George Joannides. George was coming out of retirement. And he assured the HSCA that he had nothing to do with the JFK case back in the sixties. (p. 150)

    As most everyone knows, this was false. Joannides was a CIA propaganda officer who was instrumental in running the Directorio Revolucionario Estudiantil (DRE) faction of anti-Castro Cubans in New Orleans. And they had many interactions with Oswald in the summer of 1963. It was around the arrival of Joannides that Dan and Ed were moved out of the CIA offices and into a new building with a safe, and then a safe inside the larger safe. They would now have to wait for files and would get them with missing sentences. They would then have to turn over both the files and their notes into the safe at night. This might indicate that the pair were getting too close to Oswald’s association with the CIA and what really happened in Mexico City, which were the subjects they were working on.

    IV

    The closing three-part essay is an exploration of the life and career of the late Gaeton Fonzi. It is greatly aided by the extensive cooperation Meek had with his widow, Marie. Gaeton Fonzi began as a journalist, first for the Delaware County Daily Times and then for Philadelphia magazine. It was his meetings in Philadelphia with first Vince Salandria and then Arlen Specter that got him interested in the JFK assassination. After consulting with Vince, he was prepared to ask Specter some difficult questions about the Single Bullet Theory, which was the backbone of the Warren Report. Fonzi was troubled by Specter’s halting replies to his pointed questions. (pp. 172-73). He then wrote an article about this for Philadelphia called “The Warren Commission, The Truth and Arlen Specter.”

    In 1972, Gaeton moved south to Florida. He began working for Miami Monthly and Gold Coast. In 1975, he got a phone call that would have a great impact on his life and career. Senator Richard Schweiker was from the Philadelphia area and had apparently heard about Fonzi’s article about Specter. He and Senator Gary Hart now made up a subcommittee of the Church Committee. Their function was to evaluate the performance of the CIA and FBI in aiding the Warren Commission. Schweiker was inviting Gaeton to join as chief investigator, which he did.

    In only one year, that committee made some compelling progress. The combination of their discoveries and the broadcast showing on ABC of the Zapruder film helped cause the HSCA to be formed. Fonzi continued his work there and was hot on the trail of CIA officer David Phillips. That pursuit actually began under Schweiker. And when the HSCA began, the first Deputy Counsel on the Kennedy side, Robert Tanenbaum, went to visit the senator. After a general discussion, Schweiker asked Tanenbaum’s assistant to leave the room. The senator then opened a drawer and pulled out a folder made up largely of Fonzi’s work. He handed it to Tanenbaum and said, “The CIA killed President Kennedy.” (click here https://www.kennedysandking.com/john-f-kennedy-articles/robert-tanenbaum-interviewed-by-probe) That file is what got Fonzi the job with the HSCA.

    As we all know, once Tanenbaum and Chief Counsel Richard Sprague were forced to resign, the writing was on the wall for that committee. And Fonzi did a very nice job outlining this in his memorable book, The Last Investigation. That book was presaged by a long article Fonzi did for Washingtonian magazine, which had a significant impact on the critical community. (p. 174) Fonzi clearly implied in both the article and the book that the findings in the HSCA report were not supported by the research that the committee conducted. When the Assassination Records Review Board ordered the HSCA files declassified, this was proven out in spades.

    A column that Meek apparently got a lot of reaction to involved an interview with this reviewer. It was about John Kennedy’s evolving foreign policy views from 1951 until his death. This included his visit to Saigon and his signal 1957 speech on the Senate floor about the French crisis in Algeria. (p. 103) No speech Kennedy made up to that time elicited such a nationwide reaction as the Algeria address. The Africans now looked to Kennedy as their unofficial ambassador. Meek follows through on this with the Congo crisis: how Kennedy favored Patrice Lumumba, while Belgium and the CIA opposed him. This was at least partly the cause of Lumumba’s death in January of 1961, about 72 hours before Kennedy was inaugurated.

    There are two essays that I find problematic. The first is with Antoinette Giancana, daughter of Chicago Mafia chieftain Sam Giancana. As I have been at pains to demonstrate, the Mob had nothing to do with either Kennedy’s primary win in West Virginia or the result in the general election in Illinois. Dan Fleming proved the former in his important book Kennedy vs Humphrey, West Virginia, 1960. He conducted extensive interviews and found no evidence of any Mafia influence on anyone. And he also outlines three official investigations of that election, on a state level, on a federal level, and one by Senator Barry Goldwater, which all came up empty. As per Illinois, Professor John Binder did a statistical study showing that, in the wards controlled by Giancana, not only did the results not show his support for Kennedy, they indicated the contrary: that he might have discouraged voting for candidate Kennedy. That essay first appeared in Public Choice, and it has been preserved at Research Gate.

    The second essay I find problematic is the one dealing with the whole Ricky White/Roscoe white imbroglio from the early nineties. In August of 1990, Ricky White was presented as the son of the Grassy Knoll shooter, namely Roscoe White. Roscoe was also supposed to have killed Patrolman J. D. Tippit. Meek bends over backwards to be fair to Ricky White. I will not take up space to deal with all the problems with this story. But for a contrary view, I include a link to Gary Cartwright’s 1990 article critiquing this concept. (https://www.degruyterbrill.com/document/doi/10.7560/711990-014/html?lang=en)

    All in all, Jeff Meek has done some good work. We are lucky to have him toiling in the vineyards of the JFK case oh so many years afterwards. I hope he keeps it up.

  • “Death to Justice” by Paul Abbott – A Review

    “Death to Justice” by Paul Abbott – A Review

    Death to Justice

    By Paul Abbott

    Paul Abbott’s Death to Justice is, as far as I know, a unique volume. There had never been an entire book devoted largely to the shooting of Lee Oswald by Jack Ruby. This is the first one.

    When I say ‘largely’, the first three chapters deal with what I would call background to the main subject of the book. This would include things like the oddities around the shooting of Patrol Officer J. D. Tippit, which led to the apprehension of Oswald at the Texas Theater. (pp. 8-9) Oswald’s stay in the USSR and the newly discovered presence of a five-volume KGB set about that visit; the U2 spy plane episode and the case of Robert Webster. (pp. 17-19).

    When the book gets to the actual assassination of President Kennedy, Abbott deals in broad outline with some of the more controversial aspects of that incident. For instance, Roger Craig and his testimony about Oswald escaping the Dealey Plaza area in a Nash Rambler, and the back-up witnesses for that incident; the Prayer Man issue about an image of Oswald at the top of the front steps of the Texas School Book Depository; the Butch Burroughs episode with him saying Oswald was at the Texas Theater before the time frame when the Warren Commission placed him there; and witness Bernard Haire saying he thought Oswald was taken out of the movie house by the back door. (pp. 32-40)

    In a brief outline form, Abbott then deals with four of the official Washington inquiries into the JFK case. (Technically, the Assassination Records Review Board was not really an inquiry into the JFK case.) The first was the Rockefeller Commission, which he justifiably dismisses since it was appointed by President Gerald Ford and supervised by former Warren Commission counsel David Belin. (pp. 41-42). He then shifts to the senatorial Church Committee, its focus on assassination attempts against foreign leaders, and the Richard Schweiker/Gary Hart subcommittee’s critique of the performance of the FBI in service to the Warren Commission. The Church Committee was followed by the House Select Committee on Assassinations. (HSCA). Abbott justly characterizes that as being reduced to the status of a “toothless tiger”, due to political infighting and sabotage. (p. 43). To give the HSCA some credit, Abbott writes that, in comparison to the Commission, they did “a more critical and insightful overview of Lee Oswald’s shooting” (ibid). But in his view, it was still incomplete. Hence, the genesis of his book.

    II

    The author then concisely goes over the serious shortcomings of Oswald’s short stay in the hands of the Dallas Police. First, the fact that, for whatever reason, Oswald never had an attorney to represent him. That he was paraded in some unfair line-ups. Second, there was no evidence that any of his interrogations were either taped or made into stenographic form. And to this day, there is a debate on whether or not he was properly charged in the JFK case. (pp. 45-47). In fact, when Oswald was asked about this, he said he was not charged. (p. 80)

    Methodically, the author describes what the scene was like in the Dallas City Hall basement. He lists the fact that there were at least six cameras on hand at various times during the approximate 48-hour time span Oswald was being held. (p.54). When Oswald was shot, Captain Will Fritz almost immediately proclaimed that the case was now closed since Oswald was the killer. (p. 61) Abbott notes the irony of this statement since, as anyone can see, it was Fritz’s negligence that allowed Oswald to be killed. In the films of the shooting that are not cropped, the viewer can see that Fritz broke from his position—which was supposed to be in front of Oswald—by at least five feet. It was this empty space that allowed Jack Ruby to step forward and shoot Oswald in the abdominal area. That single shot hit about every major organ it could have: the spleen, kidney, liver, aorta and vena cava. (p. 54). Oswald was pronounced dead at Parkland Hospital on Sunday at 1:07 pm, about 90 minutes after his arrival.

    The Dallas Police did an investigation after the shooting. Predictably, they concluded that murderer Jack Ruby came down the Main Street ramp. And that there was no collusion with anyone, either on the police force or in the press. His entry was allowed due to what they termed “unfortunate circumstances”, and these resulted with a “momentary breakdown” of security. (p. 62)

    Abbott concludes that this inquiry was sorely incomplete and the listing of witnesses on the scene during the murder ”neglects to account for others who were confirmed by the DPD as being there at the time of the shooting.” (p. 63) He points out that of the 70 police personnel that were interviewed, 22 were not in the basement at the time. Neither were 12 of the 21 reserve officers interviewed. (p. 64). One of the reserves was Kenneth Croy, who has already attracted attention from me and others in the murder of Tippit.

    There was a search of the basement done before Oswald was brought down, and unauthorized personnel, like maintenance workers, were cleared away. Guards were placed at all entrances. They were told that only police and credentialed media were to be let in. (p. 67) The original plan was for Oswald to be transported to the county jail by armored car. This plan was changed shortly before Oswald was brought down. The transfer was going to be done by unmarked police cars. But this was done late. So both armored cars were on the scene anyway, one for the transport and one in reserve: one was in the entryway at Commerce Street, and one was parked down the street. The protection pocket for Oswald was arranged with two men on either side of the prisoner, then one behind and Fritz in front. As we have seen, that formation was broken when Fritz broke out too far in front of Oswald. Thus leaving a clear opening for Jack Ruby to dart out of the crowd and mortally wound him.

    In their reporting, the police verified that Ruby sent a money order to one of his employees, Karen Carlin, that morning. This was done via Western Union, which was in direct proximity to the City Hall building.

    They measured the distance from Western Union to the top of the Main Street ramp and proceeding into the basement. They concluded it would take a minute and thirty-five seconds to walk, which was more than enough time for Ruby to leave that office and position himself in the crowd for the shooting.

    That above conclusion was adduced as factual—even the points that, as we shall see, were quite problematic, e.g., Ruby coming down the Main Street ramp. The police had to do this, of course, because— in probably the most shocking scene ever broadcast— the murder took place on live TV.

    One of the main problems that is implicit in that police report, and also in watching films of the shooting, is that the DPD allowed far too many media people to be in the direct area of the transfer. And not only were there too many people, there was too much equipment. This included distracting lights, which likely made it harder to detect Ruby as he rushed out to fire. (p. 68). Why the police allowed all these press people to be so close is a recurring question the author brings up throughout the book. (See, for example, p. 76, where the police themselves misrepresented where the press was at the crucial time.)

    III

    When the Warren Commission examined the murder of Oswald, it spent only 35 of its nearly 900 pages on that case. And since the Commission was so reliant on the FBI, that is where much of its info came from. They also concluded that Ruby had slipped into the basement unaided. (p. 72) The most relevant criticism made by the Commission was that the transfer should have been done the night before, and Chief Curry should not have announced the time in public.

    The author points out that witness Jimmie Turner had his testimony distorted by the Commission. They said that Turner was confident that he saw Ruby coming down the Main Street ramp. This was not what the man said. He said he saw him at the bottom of the ramp, and he had never seen Ruby before. And this also differs from Turner’s original statement to the police. With them, he said he did not see Ruby until just before the first shot was fired, and he did not recall seeing him in the basement. This is how desperate the FBI and the Commission were to find a witness to their preordained scenario. Their problem was that no one saw Ruby coming down the Main Street ramp. (pp. 74-77)

    Because of his questioning of Oswald, Fritz was behind schedule as to when the transfer would be effected. (pp. 80-81) Sheriff Decker did not even know how it would happen, but that office had received death threats over the phone. The FBI had gotten at least one and relayed it to the police.

    After reviewing the overall security setup, Abbott concludes that not every point of entry was covered. (Pp. 91-93, p. 100). There was also a mysterious man in the locker room just before the shooting, and he was not identified by the two witnesses who saw him. The Commission never found out who he was either.

    Tom Howard’s law firm was located across the street from City Hall. He was on the scene, as he told the FBI, since he had received a call from someone at the jail on behalf of another party. (p. 102). He managed to get in through Harwood Street. He heard a shot but did not see Oswald or Ruby. He turned around and walked back the same way he came and onto Harwood Street. This all begs the question: How secure was the building? Because Howard was not a cop or a press person.

    As per the sheer number of press people, the author shows that the DPD simply left out 24 of them from their schematic drawing of the scene. (p. 128). Then, at all levels of the inquiry, there were three of them who were relied upon: Ike Pappas, Jerry O’Leary and Maurice Carroll. As the author is at pains to show, these men were not reliable as to where they were right before the shooting. (pgs. 116-17)

    The two men who were to arrange for security in the basement were Sgts. James Putnam and Patrick Dean. But even during the search that morning, the media was not ordered to depart the scene. And, in fact, the author thinks this was done on purpose for publicity reasons. (pp. 153-55). Dean then assigned officers to locations at Elm, Commerce and Main. He also assigned officers for the convoy to Decker’s office. Detectives were called in at 11 AM to form an escort for Oswald. At this point, the author reveals that at the time of Oswald’s entry into the foyer, there were as many press representatives on hand as there were police officers, 46-46. How this was allowed to happen is bewildering. Because the larger the crowd, the easier it was for an unauthorized person to hide himself.

    Then, about 10-15 minutes before Oswald appeared in the basement, two men were moved from their guard assignments: Gano Worley and Alvis Brock. (p. 171) Their positions were on the eastern side of the basement car park. Brock was switched at about 10:45 AM to Elm and Ervay. Worley was moved about 15-20 minutes later. (pp. 171-73) He was also moved outside, to Commerce and Central Expressway. As the author notes, this was odd since there was already someone at that location. Worley said it was Ben McCoy who told him to move. McCoy said he got that instruction from Dean. Worley said there was a man called in to replace the pair, but as the author notes, this is problematic. Since the man who was the likely replacement, William J. Newman, never mentioned it. (p. 174) As the author notes, it was this entrance that was adjacent to where the Oswald transfer was to take place.

    IV

    Officer Roy Vaughn was posted at the Main Street ramp at 9:30 AM. He recalled every person he allowed to pass, and he followed his instructions on that matter. He was joined by a former member of the force, Napoleon Daniels. As the author notes, his testimony to the DPD, FBI and Warren Commission is of questionable value. Like some other important people, namely Patrick Dean, he failed his polygraph. (p. 177, p. 182)

    Across the street, leaning against his car, was Sgt. Don Flusche. He never saw Ruby approach the ramp or proceed down it. And he knew Ruby. He reported this to his supervisor, Lt. Earl Knox. He never heard back from him. (p. 178). He was not interviewed by either the Warren Commission or the FBI.

    When Oswald was escorted out, many of the police were looking back at him. They should have been looking forward, clearing a path— and also keeping the reporters, like Tom Pettit, from getting too close. Although there were accusations of people screaming out at the time, for example, calling Ruby an SOB, the author says none of these were recorded on any audio he could find. (p. 193)

    If one watches the prelude to the murder in the film Evidence of Revision, one will see Ruby clearly hiding behind the football player sized Blackie Harrison before he darts out. This would be bad enough. But the author points out that Harrison said he tried to grab Ruby. But this is not backed up by the photo evidence. (p. 196). After Ruby shot Oswald, he seemed to try to lunge forward, but he was held back by detectives Jim Leavelle and L. C. Graves. The book then states something jarring that I had never noticed before. Abbott writes that Detective Miller then placed a dark garment over Ruby’s head, apparently to hide his face. He adds that it happened so quickly and surely that it is almost like he was prepared to do so. But still, no questions were asked as to why. (p. 205)

    Oswald was not whisked off to the hospital. He was taken back to the jail office. The first man to tend to Oswald was the first aid specialist for the police. And it took him a few minutes to get to the mortally wounded prisoner. In his first interview, Fred Bieberdorf said that when he arrived, he thought Oswald was dead. He then did what was probably the worst thing he could have done: he began to massage the sternum, this for a very critical abdominal wound. (pp. 208-09)

    After almost five minutes, the ambulance arrived. And even at that, the driver had to wait for almost another minute for the armored car to clear the driveway. Dr. Charles Crenshaw has said that if Oswald would have been treated properly and quickly he could have survived. (p. 218)

    V

    In his denouement, Mr. Abbott points his finger at two main suspects: Dean and Harrison. It was Dean who said that, just after Ruby was handcuffed, Ruby declared he came in off the Main Street ramp. No one else recalled this at that time. (pp. 226-27) Abbott suspects that Dean made up this quote, and later, others recalled it out of necessity—for instance, in condemning Ruby to the death penalty at his trial. According to one journalist, Dean even told him he saw Ruby come down the ramp, which Abbott states was not possible. And which Dean later denied he said.

    After talking to Tom Howard, his first attorney, Jack Ruby came up with his motive for murder: grief over Kennedy’s death and pity for his family. (pp. 231-32) He now declared he came down the ramp. To which Fritz said, No, you did not. Ruby then shut his mouth. Abbott argues that it was Howard who told him to say these things. And Abbott believes Ruby went along with it to cover up his real role in the conspiracy. The author bases this on the testimony of Julia Ann Mercer, which was well depicted by director Oliver Stone in his film JFK. He also uses the quote by Robert Vanderslice, who said that Ruby called him that morning and asked him if he ”would like to watch the fireworks.” He met Ruby in Dealey Plaza, and they were there at the time of the assassination. Ruby then left and headed towards the Dallas Morning News building without saying anything. (p. 239)

    At about 1:30, based on the reliable testimony of journalist Seth Kantor, Ruby was at Parkland Hospital. Later that afternoon, Ruby began his daily visits to the police station. At about 6 PM, Ruby was seen trying to enter Fritz’s outer office door, where Oswald was being questioned. He was stopped by an officer who said, “You can’t go in there, Jack.” (p. 242) Ruby then showed up for DA Henry Wade’s infamous midnight press conference. Ruby later lied about this by saying this was the first time that day he was at the station.

    Abbott does a neat job tracking Ruby’s weekend, and—as others have pointed out—it’s difficult not to conclude that Ruby was stalking Oswald. There is one matter I wish he would have delineated at more length. After studying the topic, it seems clear to me that it was Ruby who arranged to wire one of his dancers, Karen Carlin, a loan the next morning. Which put him at Western Union at the correct time he needed to be there. (p. 248)

    Abbott spends several pages demonstrating how Ruby really got into the building that morning. It most definitely was not by marching down the Main Street ramp. We have the testimony of Don Flusche and Roy Vaughn, who said that he did not. They are much more trustworthy than Dean.

    This is a creditable book that focuses on what was, in relative terms, a rather inadequately explored subject. Mr. Abbott has now made two contributions to the vast topic of the JFK murder: this book and his index to the files of Jim Garrison.

  • Gayle Nix Jackson Family Sues the Sixth Floor

    Gayle Nix Jackson Family Sues the Sixth Floor

    Gayle Nix Jackson Family Sues the Sixth Floor

    by Jeffrey L. Meek

    Earlier this month, Gayle Nix Jackson and her father, Orville Nix Jr., sued the Sixth Floor Museum at Dealey Plaza. In a letter to me from their lead attorney, Leland C. de la Garza: “The lawsuit seeks to rescind the agreement between Nix and the Sixth Floor Museum at Dealey Plaza and legally require the Sixth Floor Museum to return the copyright to the Nix film and the physical copies of the Nix film based on wrongdoings (only recently uncovered) that Plaintiffs contend in the Lawsuit were committed by the Sixth Floor Museum and Mr. (James) Silverberg during the negotiation of the agreement. The basis for the lawsuit is set out in the Petition filed in district court in Dallas. We are confident in our legal position and that the court will correct the wrong that was done to Mr. Nix by the Sixth Floor Museum and Mr. Silverberg.”

    The Orville Nix Sr. film is arguably the second most valuable film taken during the November 22, 1963, assassination of President John F. Kennedy. As Nix panned his camera from the opposite side of Elm Street as Abraham Zapruder, the grassy knoll area comes into view. The original film may provide the best look researchers have at that area, long since seen as a location of a second gunman in Dealey Plaza.

    Two weeks after the assassination, Nix licensed the original film to United Press International (UPI) for a term of 25 years. UPI transferred the film to the House Select Committee on Assassinations (HSCA) during their investigation. HSCA then sent it to the Aerospace Corporation in California to be scanned and enhanced, but incorrectly recorded that the Nix film was sent to a lab in Los Alamos instead. There are no records suggesting that the Nix film was ever returned to the HSCA, or that the HSCA ever returned the film to UPI.

    After Nix Sr. died, his interest in the film passed to Orville Nix Jr. In 1988, when UPI’s license was about to end, Gayle Nix Jackson asked UPI to return the film and believed it was in possession of the National Archives and Records Administration (NARA). UPI said they did not have the film; the National Archives had it. Nix Jackson learned NARA only had a copy, not the original.

    For many years Nix Jackson searched for the original, and the government continues to deny possessing the film. An archivist later told Nix Jackson that the original film had been lost while in the custody of UPI. In 2015, she sued the government, but the case was dismissed in 2017.

    But then on December 11, 2024, the Orville Nix Jr. v. The United States case was overturned in a Federal Claims court. Thus, the government’s attempt to dismiss the case was denied.

    On February 4, 2000, Nix Jackson and her father sold the copyright on the film along with a number of physical copies to the Sixth Floor Museum. Now they have learned that their lawyer, Mr. James Silverberg, had an undisclosed conflict of interest while negotiating the Nix Film Agreement. The Museum had hired Silverberg as an attorney for itself due to his expertise in copyright law and intellectual property matters.

    From the Petition, filed in Dallas on April 3, 2025: “Under established Texas law, a fiduciary relationship exists between an attorney and his client, as a matter of law. This relationship requires the most abundant good faith, perfect candor, openness and honesty, and the absence of any concealment or deception. An attorney is obligated to make full and fair disclosure of facts material to legal representation.”

    The current lawsuit seeks to rescind the Nix Family Agreement and recover damages and other equitable relief of $1,000,000.