[1]1 04-10333-10001 | 2025 RELEASE UNDER THE PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS ACT OF 1992 | ,...
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[13]Assassination Records Review Board
[14]600 E Street NW - 2nd Fioor « Washington. DC 20530
[15](202) 724-0088 + Fax: (202) 724-0457
[17]The Honorable John R. Tunheim, Chair IN THIS ¢ Mer iVIATION
[18]E evul i . ; :
[19]State of Mi innesota, Chié{ Deputy Attorney General, 1986-Present
[21]State of Minnesota, Office of the Attomey General, Solicitor General, 1905007
[23]State of Minnesota, Office of the Attorney General, Manager, Public Affairs Litigation
[24]Division, 1984-85
[26]Law Firm of Oppenheimer, Wolff, Foster, * Shepard and Donnelly, Associate Attomey,
[27]1981-84
[29]Senior U.S. District Judge Earl Larson in sinnespoke Law Clerk, 1980-81
[30]United States Senator Hubert H. Humphrey, Staff Assistant, 1975-77
[32]Education -
[33]J.D., University of Minnesota Law School, 1980
[35]B.A, Concerdia College, 1975
[36]Dr. Henry F. Graff
[38]Experience
[39]Columbia University, Professor Emeritus of History, 1991- Present
[43]Freedom Forum Media Studies Center, Senior Fellow, 1991-92
[45]Columbia University, Department of History, Instructor to Full Professor,
[46]1946-91, Chairman, 1961-64
[48]Education
[49]Ph.D., Columbia University, 1949
[51]M.A., Columbia University, 1942
[53]B.S., City College, 1941
[55]Raseo Memeseas: Joha R. Tunheim. Chsir- Mnace © Geoff ow.
[57]13-00000
[61]Dr. Kermit L. Hall e
[62]Ex ;
[64]The Ohio State University, Dean, College of Humanities, and Professor of History a and
[65]Law, 1994 - Present
[67]The University of Tulsa, Dean, College of Arts and Sciences and Professor of History
[68]and Law, 1992-94
[70]University of Florida, Associate / Full Professor of History and Law, 1981-92
[72]a
[73]Wayne State University, Assistant/ Associate Professor, Departmént of History,
[74]1976-81 LON,
[76]Vanderbilt University, Assistant Professor, Department of History, 1972-76
[78]‘Education
[79]Master of Study of Law, Yale University Law School, 1980
[81]Ph.D., The University of Minnesota, 1972
[82]M.A., Syracuse University, 1967
[84]B.A., The University of Akron, 1966
[86]Dr. William L. Joyce
[88]Princeton University, Associate University Librarian for Rare Books and Special
[89]Collections, 1986-Present
[93]The New York Public Library, Assistant Director for Rare Books and d Manuscripts,
[94]1981-1985 .
[96]American Antiquarian Society, Worcester, Massachuseits, Curator of Manuscripts,
[97]1972-81, Education Officer, 1988-81
[99]William L. Clements Library, The University of Michigan, Manuscripts Librarian,
[100]1968-72
[102]Education
[103]Ph.D., The University of Michigan, 1974
[105]13-00000
[107]', "oe ‘
[109]ra i
[111]M.A., St John’s University (N.Y.), 1966
[113]B.A., Providence College, 1964
[115](Dr. Anna K. Nelson |
[117]The American University, Adjunct Professor of History, 1992-Present, 1986-88
[118]Arizona State University, Distinguished Visiting Professor, 1992 ,
[120]The American University, Associate Professor in History, 1991 . ; al a
[121]Tulane University, Adjunct Associate Professor in History, 1988-90
[123]George Washington University, Instructor to Adjunct Associate Professor,
[124]1972-85 . me
[126]George Washington University, Director, History and Public Policy Program,
[127]1980-82 , ;
[129]Ph.D., George Washington University, 1972
[131]M.A., University of Oklahoma, 1956
[133]‘e
[135]B.A., University of Oklahoma, 1954
[137]fe
[139]13-00000
[141]Be
[143]Cu
[144]@ $f, rye te
[145]Hh DOCU! MENT
[146]T. Jeremy Gunn
[147]1652 Wild Pine Way _
[148]Reston, Virginia 20194
[149](703) 481-8196
[150]EDUCATION
[152]Ph.D. Harvard University, Committee on the Study of Religion, 1991 7 —
[153]Field: Religion and Society va
[154]Affiliation: Graduate Associate, Center for European Studies
[155]Awards: French Government Grant; Krupp Foundation Fellow; Gilbert Chinard Award,
[156]Institut Frangais de Washington, Center for European Studies Grant
[158]J.D. Boston University School of Law, 1987, Magna cum laude _
[159]- Awards: Hennessey and Liacos Distinguished Scholar . a
[161]‘AM. University of Chicago, General Studies in Humanities, 1978
[163]Award: University Fellowship
[165]B.A. Brigham Young University, international Relations and Humanities, 1974, High Honors
[166]. with Distinction (highest 1%)
[167]Awards: several scholarships
[169]’ EMPLOYMENT
[171]General Counsel and Associate Director for Research and Analysis, JFK Assassination
[172]Records Review Board, Washington, 0.C., 1994-present
[174]Covington & Burling, Associate Attomey, Washington, 0.C., 1988-94
[175]Practice Areas, international law (public and private); civil litigation (including class
[176]action and other complex casés); appellate (including Supreme. Court) litigation; extensive
[177]church-state litigation; and six month full-time work in poverty law for Neighborhood Legal
[178]Services Corporation.
[180]United States District Court, Law Clerk to the Honorable Douglas P. Woodlock, Boston, MA,
[181]1987-88 .
[182]oP i
[184]Ropes & Gray, Summer Associate, Boston, MA, 1987
[186]Goodwin, Procter & Hoar, Summer Associate, Boston, MA, 1986
[188]TEACHING EXPERIENCE |
[189]Harvard University, Graduate Teaching Fellow, 1980-84
[190]Ethics and International Relations (Stantey Hoffmann)
[192]Rise of American Power (Emest May)
[193]Art and Politics (Simon Schama)
[195]13-Q0000
[197]re . . . : eaves
[199]T. Jeramy Gunn
[200]Page 2
[202]Paris and London in the Nineteenth Century (John Clive) a
[203]Moral Values in European Thought (James Wilkinson)
[205]French Society and Politics 1715-1815 (Patrica Higonnet)
[207]French Society and Politics 1615-1945 (Patrice Higonnet)
[209]Massachusetts institute of Technology, instructor in History, 1980-81; 1981-82 | coe
[211]Brigham Young University, Instructor in History and Humanities on overseas study program
[212]in Paris, France 1975
[214]PUBLICATIONS . Irs
[215]Book
[217]A Standard for Repair: The Establishment Clause, Equality, and Natural Rights (New
[218]York and London, 1992):
[220]Articles
[222]“Freedom of Religion or Belief, Ensuring Effective International Legal Protection,”
[223]American Joumal of International Law (1996) (book review) (forthcoming)
[225], “Adjudicating Rights of Conscience Under the European Convention on Human
[226]Rights," in Religious Human Rights in Global Perspective: Legal Perspectives
[227](John Witte and Johan van der Vyver, eds. . 1996), 305
[229]“The Promises We Keep: Human Rights, the Helsinki Process, and American
[230]Foreign Policy.” ‘88 American Joumal of Intemational Law 854 (1994) (book
[231]review)
[233]"Neutrality, Expression, and Oppression,” 23 Joumal of Law & Education 3 391
[234](1994)
[236]“Applying Coercion: The Latest Element ‘of Establishment,” in Why We Need
[237]Public Schools: Church/State Relations and Visions of Democracy (Att Must, ed.,
[238]1992)
[240]RECENT PROFESSIONAL ACTIVITIES
[242]Chair, Committee on Human Rights, District of Columbia Bar (1995-present)
[244]Co-Chair, Committee on Public Intemational Law, District of Columbia Bar (1994-95)
[245]General Counsel, National Committee for Public Education & Religious Liberty (1990-94)
[246]Member, Board of Diractars, Washington Council of Lawyers (1993-present)
[247]International Advisory Board, World Repart on Freedom of Conscience and Belief
[249]U.S. institute of Peace Working Group on Religion, Ideology, and Peace (1994-present)
[250]Who's Who of American Lawyers (8th ed.)
[252]13-00000
[254]EOTION 10
[255]AON AND/OR
[258]‘ iN Cha - .
[259]‘The Assassination Records Review Board was established bythe President John E.
[260]Kennedy Assassination Records Collection Act, which was signed into law by President
[261]George Bush. The five members of the Board were appointed by President Clinton,
[262]confirmed by the U.S. Senate, and swom in on April 11, 1994. The law givesthe .
[263]Review Board the mandate and the authority to identify, secure, and make avajlable all
[264]records related to the assassination of President Kennedy. It is the responsibility of the ©
[265]Board to determine which records are to be made public immediately and which ones
[266]will have postponed release dates.
[268]The Review Board consists of the following members: .
[270]' The Honorable John R. Tunheim, Chair; United States District Court Judge, District of
[272]Minnesota.
[274]Dr. Henry F. Graff; Professor Emeritus of History at Columbia, Univ exsi G os
[276]Dr. Kermit L. Hall; Dean, College of Humanities, and Professor of History at The Ohio
[278]State University. —
[280]Dr. William L. Joyce; Associate University Librarian for Rare Books and .d Special
[281]Collections at Princeton University.
[283]Dr. Anna K. Nelson; Adjunct Professor of History at American University.
[284]The Review Board has until October 1, 1997 to fulfill its mandate.
[288]oe
[290]13-00000
[292]ASSASSINATION RECORDS REVIEW BOARD
[294]Chairman:
[296]John R. Tunheim
[298]Board Members:
[299]. Henry Franklin Graff
[300]Kermit Hall
[302]William Joyce
[303]Anna Kasten Nelson
[305]Executive Director:
[307]David Marwell
[311]i
[315]13-00000 .
[317]ae HAN Cue
[319]—_— at to fet vas AN
[321]JOHN R. TUNHEMM
[322]Minnesota Chief Deputy Attorney General
[323]102 State Capitol
[324]Saint Paul, MN 55355
[325]612/296-2351
[327]Jack Tunheim is Chicf Deputy Auorney Gencral ‘ip the Minnesota Attorney
[328]General's Office — a position he has held since June, 1986. The senior appointed official
[329]in the Attorncy General's Office, he is responsible for supervising and directing all
[330]operations of the office, with a staff of over 200 lawycrs and 400 total employces.
[332]Among his duties are the supervision of all legal services, including both criminal and
[334]civil litigation, the recruitment and supervision of the office's lawyers, chairing the
[336]management team, representing the governor and other top state officials, working with
[337]the Legislature, and handling significant constitutional cases.
[339]Prior to 1986, he served as Minnesota Solicitor General and Manager of the
[340]Attomey General's Public Affairs Lidgauon Division. He spent three ycars in private
[342]' practice with the St. Paul law firm, Oppenheimer, Wolff, Foster, Shepard and Donnelly
[344]and served as law Clerk to Senior U.S. District Judge Earl Larson in Minneapolis. He is
[345]a 1980 cum laude graduate of the University of Minnesota Law School! where he served
[349]as President of the Minnesota Law Review. He 1s a 1975 summa cum laude. graduate of ©
[351]Concordia College in Moorhead, Minnesota and served from 1975-1978 as.a Staff
[352]Asristant to U.S. Senator Hubert IL. Humphrey.
[354]In ‘February, 1994, his nominauon by President. Clinton to be a member of the U.S.
[355]Assassination Records Revicw Board(AARB) was confirmed by the U.S. Senate. The
[356]AARB is responsible for ensuring and tacilitating the review and-puhlic disciosure of
[357]government records related to the assassination of President John F. Kennedy.
[359]He currently tcaches federal and state constucutional law as an Adjunct Professor of
[361]Law at the University of Minnesota Law School: He has served as a visiung leccurer at -
[363]the University of Minnesota Law School since 1985 on the subject of prescnung effecuve
[364]oral arguments. Jack is currendy a Mondale Fellow at the Hubert H. Humphrey Institute
[366]of Public Affairs at the University of Minnesota. He serves on the Board of Directors of. -
[368]the Minnesota Institute for Legal Education and is a frequent conunuing Iegal education
[369]presenter, with a special focus on the Minnesota Consuuugon.
[371]13-00000
[373]shoe jane - . . a
[374]staat! Bob HAN Br bd tae ARK
[378]He has personally argued three cases before the United States Supreme Court,
[379]Hodgson v. State of Minnesota (1989), Perpich v. U.S. Department of Defense (1990),
[380]and Growe v. Emison (1992), winning two. He serves the United States Dismrict Coun for
[381]the District of Minnesota as a member or both the Federal Pracuce Committee and the
[382]Advisory Committee on Civil Jusuce Reform. Jack currently serves on the Executive
[383]Committee and as Secretary and immediate past-Treasurer of the American Bar
[384]Association Division on Government and Public Sector Lawyers. He was a member of
[385]the Special Committee on Lawyers in Government that successfully proposed
[386]establishing the new division. He also founded and recently completed a two-year term
[388]as Co-Chair of the Public Law Section of the Minnesota State Bar Association. He.
[390]scrved as a delegate from the American Council of Young Poliacal Leaders to Russia in
[391]December 1991. He was a delegate to the Democratic National Convention both in 1988
[392]and in 1992.
[394].
[395]a ls
[397]= .
[398]He is the 1991 recipient of the Marvin Award trom the National Association of
[400]Attomcys General, annually presented to the most outstanding assistant attomeys general
[402]- in America. He received the 1988 President’s Distinguished Service Award. from NAAG
[403]for his work as an editor of the book Office of Auorney General: Powers and Duties. He
[404]has lectured at cach of NAAG's Management Training Seminars and at numerous NAAG
[405]meetings and seminars. He chaired the 1990 and the 1991 Chief Deputies Conferences
[406]and has done frequent management consulang for attlomeys gencral and their staffs. He
[407]chaired the first NAAG Management Review Team for the Idaho Attorney Gencral's
[408]Office in 1991 and served on the NAAG Management Review Team for the Arkansas
[409]Attomcy General's Office in 1992 and the Ohio Aulormcey General's Office in 1993. He
[410]chaired the Review Teain for the Virgin Islands Anomey Gencral’s Office in September,
[411]1993. a.
[413]- In [990, he served as a member of Governor Perpich’s Select Committee on the
[414]Impact of Drugs on Crime. Education and Social Weltare. From 1987-91. he was a
[415]member of the Synod Council of the St. Paul Area Synod of the Evangelical Lutheran
[416]Church in America. In 1985, he co-chaired the Minnesota State Bar Associa-
[417]tion/Auormcy General Task Force on Legal Advice to Farmers: and in 1983. he was a-co-
[419]founder of the Minnesota Pregnancy and Infant Loss Center. He served as Chair of the .
[421]Washington County Planning Advisory Coinmission from 1989- 1992. He is currently
[422]Chair of the Board of Directors of Family Service St. Croix, Vice-Chau of the Sullwater
[423]City Chanter Commussion and a member of the boards Midsummer: A Minnesota Fesuval
[424]of Music and the Norwegian-Amenican Elistoncal Associanon.
[426]He Lives in Scillwater, Minnesota, with his spouse, Kathryn, who 1s President of the
[427]Twin Cities public relations firm, Tunhcim Sanuzos, Inc., and their two children.
[429]- Elizabeth and Samuel.
[431]TunIUAT
[433]hey ren
[435]13-00000
[437]MYA vy ante
[440]4 . ”
[442]oH
[444]Ae av ANA BYR Fed Vee
[446](
[450]- sauue
[452]we I
[454]HENRY F. GRAFF
[455]Professor Emeritus of History. Columbia University
[457]Born in New York City on August 11, 1921, he was educated in
[458]the public schocls, including City College, where he received a
[459]B.S.S. degree, magna cum iaude in 1941, and was elected to Phi
[460]Beta Kappa. In 1942, he received the M.A. degree from Columbia...
[461]University, and in 1949 the Ph.D. He, meanwhile, had enlisted in -
[463]the Army shortly after Pearl Harbor, and rose from private to
[465]first lieutenant in the Signal Corps before going on inactive.-
[466]status in the early part of 1946. His principal service was as a
[467]Japanese language officer with the Amny Security Agency (prede-
[468]cessor of the National Security Agency) which was charged With
[469]responsibility for reading toreign codes and ciphers. He
[471]_.xeceived a War Department Citation and the Arny Commendation -
[473]Medal . Os
[474]. . : ~ . . . 3 "
[476]Upon returning to civilian life, Graff taught for a semester
[477]in the History Department of City College before accepting an
[478]appointment as lecturer at Columbia’ in the fall of 1946. He
[479]remained at Caqlumbia thereafter until he retired in 1991, rising
[480]through the ranks to Professor and Chairman of the Department of.
[481]History in 1961. (His term as Chairman ran to 1964.) He has
[482]been a visiting professor at Vassar College, and he has lectured
[483]on many campuses, including those of the service academies. - He
[484]has been the Distinguished Speaker at the United States Air Force
[485]Academy, and the Sol Feinstone Memorial Lecturer at. the Jewish
[486]Theological Seminary. In 1992 he was the Dean‘s Distinguished
[487]Lecturer in the Humanities at Columbia’s College of Physicians
[488]and Surgeons. In 1993 he lectured at the. Yale School of Medi-
[489]cine.
[491]Graff’s tield of specialization is United States history,
[492]and within it, the history of the Presidency of the United States
[493]and the history of the foreign relations of the United States.
[494]He taught courses in both subjects at Columbia where he was a
[495]member of the faculties of Columbia College, the Graduate School | -
[496]ef Arts and Sciences and the School: of. International and | Public a,
[497]Affairs Py
[499]Graff served for six years on the National Historical
[500]Publications Commission (1965-71), to which hé had been appointed
[501]and then reappointed by President Lyndon B. Johnson. Beginning
[502]in 1971 he served for a number of. years on the Historical
[503]Advisory Committee of the United States Air Force, by appointment
[504]of the Secretary of the Air Force. In 1993 he was nominated by
[505]President William J. Clinton for membership on the newly-es~
[506]tablished Assassination Records Review Board.
[508]Graff‘s books include Bluejackets with Perry in Japan, ~
[509]published by the New York Public Library, and The Modern Resear-
[510]cher (with Jacques Barzun) first published by Harcourt Brace in
[511]1957 and now in its Fifth Edition (1992), the text edition
[512]currently issued by Harcourt and the trade edition by Houghton
[514]13-00000
[518]MM a ye eA Lue bet Uae cvaNans
[522]As s
[524]Mifflin. Usually described as "the classic work on "research and
[525]writing," it has been a Book-of-the-Month choice and a selection
[526]of the Quality Paperback Book Club. Graff‘’s best-known general
[527]work is The Tuesday Cabinet: Deliberation and Decision on Peace
[528]and War under Lyndon HB. Johnson (Prentice-Hall, 1970), which was
[529]based on extensive conversations over a period of years with the
[530].President and his principal advisors, chiefly on the subject. of |
[531]the Vietnam War. :
[533]A well-established standard reference work is ‘Graft’ s The
[534]Presidents: A Reference History (Scribner, 1944). On invitation,
[535]Graff presented a copy to President Ronald Reaqan for placement
[536]in the White House Library. ’
[538]Graff is also the author of widely-used high-school and
[539]junior high schoo] American history textbooks: The wenture or
[540]the American People (with John A. Krout.): The Free and ‘the, Brave:
[541]The Grand Experiment. (with Paul Bohannan)-~ 4L1 originatly
[542]published by Rand McNally & Company, and now by Houghton Mifflin
[543]Company; This Great Nation (Riverside Publishing Company, 1983);
[544]and America: the Glorious Republic (Houghton Mifflin Company,
[545]revised edition, 1990).
[547]Graff has written extensively for the leading historical and
[548]popular journals and magazines. Wis book reviews have frequently
[549]appeared in The New York Times Book Review, and his topical
[550]articles-- on the Presidency and on international affairs-- in
[551]The New York Times Magazine and on the op-ed pages of The New
[552]York Times and the Los Angeles Times. He has contributed many
[553]articles to the Dictionary of American Biography and to other
[554]encyclopedias and compilations, including the. new Encyclopedia or
[555]the American Presidency.
[557]Among Graf{‘s several current writing projects is a book of
[558]essays on selected aspects of presidential history. —
[560]For most of the years from 1950 to 1967 Graff was the
[561]historical consultant to Time, Incorporated. He was the Consult-
[562]ing Editor on Life's History of the United States (twelve
[563]volumes). ODuring these same years he was the director of the Cbs
[564]News and Public Affairs Fellowship Program at Columbia Universi-
[565]ty. Tn 1976 he was the historical consultant for CBS‘s bicenten-
[566]nial series, The American Parade. In 1986-7 he was the consul-
[567]tant for ABC's acclaimed series, Our World. In 1987 he was the
[568]historical consultant for ARC’s The Blessings of Liberty, a |
[569]television special celebrating the bicentennial of the Constitu-
[570]tion. In 1989 and again in 1993 he served as historical commen-
[571]tator during the telecast of the Presidential Inauguration on the
[572]ABC network, anchored by Peter Jennings. He has frequently heen
[573]a discussant on public affairs programs. At present he is a
[574]consultant to ABC on its planned series of end-of-the- ~century
[575]documentaries.
[579]13-00000
[581]wees
[583]In 1966 Graff received City College’s coveted Townsend
[584]Harris Medal in recognition of distinguished post-graduate
[585]achievement in his chosen field. He has been honored with
[586]Columbia‘’s Great ‘Yeacher Award and with the Mark Van Doren Award,
[587]bestowed by the student body of Columbia College for distin- .
[588]guished teaching and scholarship. In 1990 he received the Kidger
[589]Award of the New England History Teachers Association for.
[590]distinction as teacher and author.
[592]Graff was honored with a Senior Fellowship at the Freedon
[593]Forum. Media Studies Center (formerly the Gannett Foundation Media
[594]Center) at Columbia for the academic year 1991-1992, in order to
[595]work on his book of essays on the Presidency, tentatively
[596]entitled “The Role of the Press in Shaping the Persona of the
[597]Presidency." Pes
[599]° 3
[601]Graff "serves as a member of ‘the board of Directors~ of the
[602]Rand McNally Company, whose headquarters are in Skokie, Illinois,
[603]and has served on the Board of Trustees of the Columbia Univer-
[604]sity Press. He is President of Columbia’s Friends of the
[605]Library. He is chairman of the editorial board of Constitution
[606]magazine, and was a member of the editorial advisory board of the
[607]four~-volume Encyclopedia of the American Presidency published by
[608]Simon and Schuster in 1994.
[610]Graff‘s professional societies and affiliations include the
[611]American Historical Association, the Organization of American —
[612]Historians, the Society of the Historians of American Foreign
[613]kKelations, P.E-N., and the Authors Guild. He is a Fellow of the
[614]Society of American Historians. He is also a member of the
[615]Century Association and the Council of Foreign Relat.ions.
[617]Graff is warried to the former Edith Krantz. They have two
[618]daughters, Iris Joan Morse (Mrs. Andrew R. Morsé).and Ellen Toby
[619]Graff, a partner in the law: firm of Wien, Malkin & Bettex. The
[620]Graffs reside at 47 Andrea Lane, Scarsdale, New York 10583.
[622]7 February 6, 1994
[624]Additional details may be found in the current edition of Who's
[625]Who in America. ;
[627]13-00000
[629]wu do 9a AM de. to FAN SUL Fld Uae anni sue
[631]ot. C ( es \
[633]WILLIAM L. JOYCE
[635]EXPERIENCE:
[636]Princeton Unwersity
[637]Associate Univarsity Librarian for Rare Books and Special Collections, 1986-
[638]This position entalls managing the Rare Books and Special Collections Dapartmant af the Pr{pcaton'tiniversity Libran
[639]Including supervising a pormanent staff of about 45, overseeing tha budget. planning the Departmant's programs
[640](including acquisitions, cataloging, collection development, conservation, reference and access, pxhibltlons, and
[641]publications) and space neads, and reviewing and revising as necessary policies and procedures for tha:‘Oepartmant
[642]Additional cesponsibllities Include sitting on the Library Council which assists the University Librarian In directing
[643]the Princeton University Libraries, and serving as lialson for the Library to the Friends of} fhe Princeton University
[644]Library (of which fam also Secretary). 3.
[646]i nN
[648]Columbia University School of Library Service
[650]Adjunct Faculty, 1984 -1992
[651]This appointmant Involved teaching three courses, a lecture course “Curatorship of Rare Books and Spectat
[652]Collections*. a seminar, “Problems in Archival Administration,” and a seminar on tare books (co-taught with
[653]Terry Belanger) until the University closed the schoo! in July, 1992.
[655]The New York Public Library
[657]Assistant Director for Rare Books and Manuscripts, 1981-1986
[658]This position Included planning for and managing the Rare Books and Manuscripts and Archives Sections |
[659]as well as the Arants Collactians of Tobacco and Books in Parts. The position emphasized developing the |
[660]Rare Gooks and Manuscripts Niviston’s programs and spaco needs, overseeing the budget, supervising a
[661]permanent staff of 15, and reviewing and revising as necessary procedures for the continuing. development and
[662]management of the Library's rare books, manuscripts and archives holdings.I also participated as a curator in
[663]the inaugural exhibition tn Gottesmann Gallery, “Censorship: 500 Years." :
[665]American Antiquarian Society
[667]Education Officer, 1977-1981
[668]With the assistance of a grant for the Andrew, Ww. Melion Foundation.this position.was created to plan and
[669]implement seminars, colloquia, lectures, an academic conference, readings, an adult education course,
[670]and musica! performances that improved scholarly use of AAS holdings and made the Society a more
[671]visible cultural resource in the region.
[673]Curator of Manuscripts, 1972-1981
[674]In addition to managing acquisitions and providing reference assistance to readers, this position entailed
[675]supervising a six year project, funded by the National Endowment for the Humanities, that provided
[676]for the systematic arrangement and description of the Society's manuscript collections. (see Publications)
[677]William L. Clements Library, The University of Michigan Manuscripts Librarian, 1968-1972
[679]13-00000
[681]ane lee ENN SUL ba tee Ana?
[685]William L. Joyce
[687]SELECTED PROFESSIONAL ACTIVITIES: : van
[689]Society-of American Archivists : ;
[691]: Commitiee on Professional Standards, 1987-1992 (Chairman, 1988-1989)
[692]Vice-President then President, 1985-1987
[693]Council, 1981-1985 ,
[695]Co-chalrman, 1981 Program Commitiee, Annual Meeting, Berkeley, CA
[697]Fellow, 1981
[699]Member, Committee on Archival Information Exchange, 1982-1984 i
[700]Chairman, Task Force‘on Institutional Evaluation, 1977-1982, (see Publications):
[701]Member, Committea on Education and Professional Developrnent, 1976-1989_
[703]Rare Books and Manuscripts Section, Association of College and Research Libraries Ay
[704]Vice-chairman then Chaimnan, 1987-1989 © ” Loe
[705]‘Planning Committee, 1991-1993
[706]Continuing Education Committee, 1984-1986
[707]Publications Committee, 1985-1989
[709]Conservation Center for Artistic and Historical Artifacts, Philadelphia, PA.
[711]Board of Directors, 1992-
[713]Bibliographical Society of America
[714]Chairman, Fellowship Committees, 1981-1985.
[716]Advisory Committee Chairman, Publishing History Sources Project, 1984- 1990
[718]Research Libraries Committee, co-sponsored by the American Council of Learned Societies,
[719]The Association of American Universities, and the Counell on Library Resources, 1987-1990.
[721]The Grolier Club of New York City, 1983-Council, 1990-
[723]Research Librarlas Group
[724]Advisory Task Force on Functional Requirements for the AMC Format, 1980-1981
[725]Committee on Archives and Special Collections, 1985-1991
[727]American Historical Association ;
[729]Member (elected), Professional Division Committee. 1979-1981
[731]Now Jersey State Historical Records Advisory Board, 1987-
[733]New York State Histoncal Records Advisory Doard, 1984-1986
[735]New York State Histoncal Documents Inventdry Advisory Committee, 1984-1985 .
[737]Massachusetts L.S.C.A. Advisory Council on Libraries, 1975-1977
[739]National Endowment for the Humanities: Panelist, 1975. 1980, and 1988 |
[741]Numerous consulting assignments
[743]SCLCECTED PUBLICATIONS:
[745]“Foxes Guarding the Hen House: Archivists in Special Collactions,”,
[747]Provenance: Joumal of the Society of Georgia Archivists, v. 7, no. 1 (Spring 1989), 53-60.
[748]*Archival Education: Two Fables,” American Archtvist v.51 (1988), 16-22.
[749]“The Evolution of the Concept of Special Collections in American ~
[751]Research Libraries," Rare Books and Manuscrints Librarianship, v.3 (1988), 19-30.
[753]"An Uneasy Balance: Voluntansm and Hrofessionalism’*, American Archivist. v.50 (1987), 7- 12.
[755]was
[757]Page 2
[759]13-00000
[761]Cn See PO be PAN LU be tee anaw
[764]a . oa os { (
[766]\ KO
[768]William L. Joyce
[770]SELECTED PUBLICATIONS, continued
[771]*Rare Books, Manuscripts, and Other Special Collections Materials:
[772]_ _ Integration of Separation?* College and Research Libraries, v. 45 (1984), 442-445.
[773]_ ‘Archhists and Research Use.” American Archivist, v.. 47 (1984), 124-33
[774]“Historical Records Repositories," in Documenting America:
[775]Assessing the Condition of. Historical Records In the Statos. Lisa
[777]ey te
[779]Page 3
[781]8. Waber, ed. (Washington, 0. C.: Nationat Historical Publications and Records Commission, 1984).
[783]with David D. Hall, Richard D. Brown and John B. Hench, eds.
[785]Printing and Sacicty in Farly America. (Worcester. Mass.: American Antiquarian Society. 1983).
[787]with Mary Jo Pugh, Evatuation of Archival Institutions: Services.
[788]Paonciples. Guide to Self-Study (Chicago: Society of American Archivists, 1982) Pe
[789]“Antiquarlans and Archaoologists: The American Antiquarian Society, .,
[791]1812-1912," Proceedings of the American Antiquarian Society, v.89 (1979), 123-52.
[793]“Introduction,” in Catalogue of the Manuscript Collections of the American Antiquarian Society.
[795]4 vols. (Boston: G. K. Hall and-Co., 1979).
[796]with Michael G. Hall, "Tha Hall-Way Covenant of 1661: Some New. Evidence."
[797]Erocredings of the American Antiquarian Society, v. 87 (1977), 97-110.
[799]Exlitors and Ethnicity. A History of the ish-American Press. 1848-1883 (New York: Amo Press, 1976),
[801]EDUCATION:
[802]Ph.D. The University of Michigan, 1974
[803]M.A. St John’s University (N.Y:), 1966
[804]B.A. Providence College, 1964
[806]for more blographical information, see Who's Who in America, 46th ed.
[808]oe
[810]13-00000
[812]Kermit L. Hall
[813]Dean
[815]Henry Kendall College of Arts & Sciences
[816]Professor of Law and History
[817]. The University of Tulsa
[818]Suite 111 Chapman Hall oS.
[819]600 South College Ave. os
[820]Tulsa, OK 74104-3189
[822]Tel: 918-631-2473
[823]_ Fax: 918-631-3721
[824]Internet: AS KLH@VAX1-UTULSA. EDU
[826]Employment and Education , Ee
[828]Kermit L. Hall is Dean of the College of Arts & Sciences and
[830]Professor of Law and History at The University of Tulsa; where
[832]he teaches tunderqraduate, graduate, and law courses in
[833]American; Constitutional and Legal History. Until 1992 he was
[834]a brofessor of Law and History at the University of Florida,
[835]holding appointments in the Colleges of Law and arts &
[836]Sciences. He holds a doctoral degree from the University of
[837]Minnesota and a law degree from Yale Law School.
[839]Publications
[841]The .Oxford Companion to the Supreme Court (Oxford, 1992),
[843]which received the American Library Association‘’s award for
[844]““An Outstanding Reference Work of 1992," The Texas Bar
[846]Association’s Award for the “Best Book on the Supreme Court in
[847]1992," The American Bar Association‘’s Gavel Award for 1993,
[848]and was 4 main selection of the History Book Club for
[849]September, 1992 and bonus selection of the Book of the Month
[850]Club for September, 1993. ,
[852]By and For the People: Constitutional Rights in American.
[854]Wistory (Narlan Davidson, 1991). .
[856]The Magic Mirror: Law_in American History (Oxford, 1990).
[858]The Politics of Justice (Nebraska, 1979).
[859]._ A Comprehensive Bibliography of American Constitutional and
[861]Legal History (7 vols., Kraus, 1984, 1991), which was selected
[862]by Choice as an outstanding academic book for 1945.
[864]With Paul Finkelman and William M. Wiecek, American Leqal
[865]History: Cases and Materials (Oxford, 1992).
[867]ae a
[869]13-00000
[871]With Eric Rise, From Local Courts to Nationa’ Tribunals
[872](Carlson, 1992).
[874]With James Ww. Ely, Jr., An Uncertain Tradition:
[875]Constitutionalism an@ the Histor ef the South (Geergia,
[876]19R9). a
[878]He is completing a case history of New York Times v. Sullivan
[879]under the title Heed Their Rising Voices, to be: published by
[880]McGraw-Hill in 1994, and is supervising the preparation of. the
[882]Oxford Companion to American Law, to be published by oxford
[884]University Press in 1995. He is also the aulhor of more than
[885]60 scholarly articles and cssays in books. . ,
[887]Professional Activities
[889]Professor Hall has been a Fulbright Scholar in riiiand and a
[890]Visiting Scholar at the American Bar Foundation; he has‘ also
[892]held grants and fellowships from the National Science.
[894]Foundation, the National Endowment tor the Humanities, the
[895]Amecican Council of Learned Societies, the Exxon Education
[896]Foundation, the Rockefeller Foundation, the U- S. Department
[897]Of Education, and the Pew Charitable Trusts. He has also
[898]lectured. and canducted seminars on the American legal system,
[899]legal education, and legal history in Poland = and
[900]Czechoslovakia. ; ;
[902]Hall has served as 4 consultant for script preparation and
[903]production of several television programs and documentaries,
[904]including "The Fedéral City" (Maryland Public Broadcasting,
[905]1989), “Prayer an the Public Schools" (Maryland Public
[906]Broadcasting, 1939), “Frohitbit.ion and Constitutional Cnange"
[907](Maryland Public, Broadcasting, 1589), and "Simple Justice"
[908](New Images Productions and WGRH, 1993).
[910]Hall is currently chairperson of the Bill of kights Education
[912]Collaborative, a joint effort of the American Historical
[913]Association and the American Political Science Association to
[914]promote teaching. about the Bill of Rights in primary and
[915]secondary schools, a member of the Editorial Board of the Law
[916]& Society Review, Associate Editor of the American Journal of Journal of
[917]Legal Sastery, editor of Bicentennial Essa an the Bil
[919]Raghts, A monograph series published by oxtord University
[920]Press, co-editor with David O’Brien of Constiturionalism and
[921]Democracy, 4 Monograph series published by the University
[923]Press of Virginia, a member of the Board of Directors of the
[925]Oklahoma School of Science and Mathematics, the ERIC
[926]Clearinghouse for Social Studies Education, and a membér of
[927]the Board of Advisors, American Bar Association’s Commission
[928]on College and University Nonprofessional Legal Studies.—
[932]13-00000
[934]Ub iw Ju
[935]. .
[939]eM dtl ste PAAR SUL tld UA Anau
[940]@ L
[941]Anna Kaé6ten Nelson
[942]3121 Quebec Pl. N.W.
[943]Washington, D.C. 20008
[944]. ; a
[945]George Washington University Ph.D. History, 1972
[947]'
[949]ACADEMIC POSITIONS
[951]Adjunct Professor in History
[952]The American University, 1986-1988, 1992-
[953]Visiting Professor in History ;
[954]Arizona State University, Spring 1992
[955]Associate Professor in History
[957]The American University, 1991 i
[958]Adjunct Associate Professor in History ee
[959]Tulane University, 1988 -90. ey so
[961]Instructor to Adjunct Associate Professor in History
[962]George Washington University, 1972 - 1985
[963]Director, History and Public Policy Progran,
[964]_ George Washington University, 1980-82.
[966]SELECTED CONCURRENT POSITIONS
[968]Consultant, Historical Division, Army Corps of Engineers,
[969]1985-1989.
[971]Project Director, Committee on the Records of Government |
[972]1983-1985.
[974]‘Historical Consultant, National Acadeny of Public
[976]Administration Panel, “The Role of the President in
[977]Managing the Federal Government," 1979-80.
[979]Consultant, Congressional Research Service, Library of
[980]Congress, 1978-1979.
[982]Research Associate, National Study Commission on Records and
[984]Documents of Federal Officials, 1976-1977.
[985]RECENT AND OTHER SELECTED PUBLICATIONS
[987]“History as a Period Piece?" (Feature Review),
[988]Diplomatic History, Winter 1995.
[990]"The Importance of Foreign Policy Process: Eisenhower
[991]and the National Security. Council," in Eisenhower: A
[992]Centena Assessment., LSU Press, 1994 (forthcoming) .
[994]“George Aiken: Scnator from Vermont,“ Vermont History
[995](forthcoming) .
[997]“Wayne Morse,“ Robert Cutler," articles for American
[998]National Biography. (forthcoming)
[1000]“The Ubiquitous Mr. Clifford," (Review Essay),
[1001]Diplomatic History, Winter 1993. ;
[1002]1
[1004]wuUute
[1006]13-00000
[1010]AM Fo. 2U VAN SUS Fla Ua AnKL
[1012]. a 5
[1014]“The Historian’s Dilemma,“ Understanding Congress:
[1015]Research Perspectives, GPO,1991.
[1017]“President Kennedy’s National Security Policy: A
[1018]Reassessment," Reviews in American History, ‘March 1991.
[1020]“John Foster Dulles and the Bipartisan congress,"
[1021]Political Science Qu arterly, Spring, 1987.
[1023]“President Truman and the Evolution of the National | =
[1024]Security Council," Journal] of American History. September, —
[1026]1985. v.
[1027]"'On Top of Policy Hill": President Eisenhower and the
[1028]National Security Council." Diplomatic History, Fall, -1 83.
[1029]aan fee “ 3 5
[1030]State Department Policy Planning Staff an CoN
[1031]Papers, 1947-1949 (3 vols.), (ed.) Garland Press, 1983
[1033]“Destiny and Diplomacy, 18645-1865," HNaynes/Walker, eds.
[1035]American Foreign Relations: A Historiographical Review,
[1036]Greenwood Press, 1981.
[1038]SELECTED PROFESSIONAL ACTIVITIES AND ORGANIZATIONS
[1040]Guest Editor, “Rethinking the Cold War,“ Organization of
[1041]American Historians Magazine of History, Winter 1994. _
[1043]More than three dozen appearances at scholarly meetings
[1044]on American foreign policy, federal information policy,
[1045]congressional research and public history.
[1047]Articles on access to public records in The Chronicle of
[1049]Higher Education, 1988 and 1992; OAH Newsletter, 1984;. SHAFR
[1050]Newsletter, (Society for Historians ; Of / ‘American Foreign
[1051]Relations), June —December 1977.
[1053]American Historical Association . :
[1054]Member, Jt. Committee of Wistorians/Archivists, 1989-91.
[1055]Member (elected), Research Division, 1986-89
[1057]Organization of American Historians
[1058]Department of State Advisory Committee on Historical
[1059]Diplomatic Documentation 1992-1994.
[1060]Committee on Access, 1982-1988 (Chair, 1984-1986)
[1062]Consultant and Panel Participant, National Endowment of the
[1063]Humanities. (1983. 1987, 1988, 1990, 1991).
[1065]Testimony before Congressional Committees for AHA and
[1066]OAH on’ access to public records and archival policy,
[1067](November, 1961; March 19862; Junc 1983; September 1986;
[1068]September 17, 1986)
[1069]2
[1071]wiles
[1073]13-00000
[1075]a? . DAVID G. MARWELL
[1077]Biographical Information
[1078]i -
[1080]On July 1, 1994, the Berlin Document Center (BDC) was transferred to the German
[1081]Federal Archives (Bundesarchiv) marking the end of nearly 48 years of American control
[1082]of this unique organization. With an estimated 25 million Nazi-era personnel-related files,
[1083]the BDC was once a crucial source of evidence for the Nuremberg Trials and is today an’
[1084]incalculably important source for the study of the Third Reich. The transfer also marked
[1085]the end of David Marwell’s tenure as Director of the BDC. ’
[1087]A well-trained scholar with a PH.D. in History, Marwell came to Berlin in 1988 from.
[1088]the Office of Special Investigations (OSI), U.S. Department of Justice where‘he-held the
[1089]position of Chief of Investigative Research. At OSI, he was invoived in researching and
[1090]preparing cases against accused Nazi war criminals residing in the United States. In
[1091]addition, he was selected to participate in the Klaus Barbie Investigation (1983) and played
[1092]a major role in the Josef Mengele investigation (1985), both of which received
[1093]international attention.
[1095]In connection with the Joseph Mengele and Klaus Barbie investigations, Marwell was
[1097]. in charge of assembling all relevant documentary evidence relating to any possible
[1099]connection between these individuals and U.S. institutions or personnel. The
[1100]investigations were two of the most unusual ever undertaken and through them he gained
[1101]siginificant experiences in the identifying and locating documentary resources. The former
[1102]Director of OSI, Allan A. Ryan, Jr., in his book Quiet Neighbors: Prosecuting Nazi War
[1103]Criminals in America, described Marwell as “an experienced and careful historian who
[1104]could find documents in archives when no one else coul
[1106]_. When Marwell arrived at the Document Center, the institution had been rocked by a
[1107]scandal involving a significant theft of documents. The resulting focus on the Center
[1108]revealed that it had been neglected in many areas for many years and suffered from-an |
[1109]outmoded administrative structure, a disaffected and undertrained staff and a lack of
[1110]professional guidance. It was Marwell’s job to bring the Center up to standard and prepare
[1111]it for turnover to the German government. +.
[1113]The challenges facing Marwell were not only to manage a complex institution (with
[1114]an annual budget of eight million deutschmarks) and repair past deficiencies, but also to
[1115]define a future for an institution in transition. He prepared a “five year plan" for the BDC °
[1116]that set five goals, developed a corresponding program to meet each goal, and designed a
[1117]system to monitor the progress. In achieving all of the goals, Marwell:
[1119]¢ Introduced computer technology (there was not a single computer at the
[1120]BDC when he arrived) and developed a sophisticated, integrated information
[1121]retrieval system that has been described as a model for archive |
[1122]administration;
[1124]¢ Created a fully professional document conservation and restoration program;
[1126]¢ Developed a staff (50 Germans and 20+ Americans) that is better trained and °
[1127]far more responsible, flexible and creative than it had been;
[1129]13-00000
[1131]CiA HAS NOOR IReTION TO
[1132]FICK
[1134]4 , . - meee iC ATION AND/OR
[1135]. RELEASE OF ClA INFORMATION
[1136]a IN THiS DOCUMENT
[1137]NOMINATIONS HEARING
[1138]before the
[1139]SENATE COMMITTEE ON GOVERNMENTAL AFFAIRS
[1140]on
[1141]Tuesday, February 1, 1994 a
[1143]Room 562 of the Dirksen Senate Office Building
[1144]WITNESS SB Lis i
[1145]MEMBERS, ASSASSINATION RECORDS REVIEW BOARD
[1146]Henry Franklin Graff
[1147]Nominee ~
[1149]Kermit L. Hall
[1150]Nominee
[1151]TO BE INTRODUCED BY:
[1152]The Honorable David L. Boren
[1153]United States Senator (D-OK)
[1155]William L. Joyce
[1156]Nominee ~
[1158]Anna Kasten Nelson
[1159]Nominee
[1161]John R. Tunheim
[1162]; Nominee
[1163]TO BE INTRODUCED BY:
[1164]The Honorable Paul Wellstone
[1165]United States Senator (D-MN)
[1167]kk Kk KE
[1169]13-00000
[1171]1.
[1175]BIOGRAPHICAL AND FINANCIAL INFORMATION. REQUESTED \ OF
[1176]HENRY FRANKLIN GRAFF
[1177]A. BIOGRAPHICAL INFORMATION
[1178]Name: Henry Franklin Graff
[1179]Position to which nominated:
[1180]Member, Assassination Records Review Board.
[1181]Date of nomination: November 5, 1993.
[1183]Address: 47 Andrea Lane Scarsdale, NY 10583-3115. ‘Office at
[1184]same address. “
[1186]Date and place of birth: August 11, 1921, New York, aan
[1187]Marital status: married, Edith Krantz
[1189]Names and ages of children: Iris Graff Morse, 45 years old;
[1190]Ellen Toby Graff, 39 years old.
[1192]Education:
[1194]George Washington High School, New York, NY 9/33- -6/37 academic
[1195]diploma 6/37
[1196]City College of New York, New York, NY 9/37-6/41 B.S. in.S.S,
[1198]Columbia University, New york, NY 9/41-5/42 M.A. 6/42
[1199]3/46~6/49 Ph.D. 6/49
[1201]Employment record:
[1203]Fellow, Department of History, City College of New York 9/41-
[1206]Tutor in History, City College of New York 2/46-6/46
[1208]Member, Department of History, Columbia University 9/46-6/91,
[1209]rising through the ranks from instructor to full. professor,
[1210]serving as Chairman, 1961-64.
[1212]Senior Fellow, Freedom Forum Media Studies Center, NY, 9/91-
[1215]10. Military Service:
[1217]6/42-5/44 A.U.S., Private to T-3, honorable discharged
[1218]5/44-3/45 A.U.S., honorable discharge as First Lieutenant,
[1219]Signal Corps (cryptanalytic and Japanese-language officer)
[1221]13-00000
[1223]il.
[1225]12.
[1227]13.
[1231]HENRY FRANKLIN GRAFF, cont’d
[1232]Government experience:
[1234]Member, National Historical Publications Commission, ap-_.
[1235]pointed by President Lyndon B. Johnson, 1965, reappointed,
[1236]1968.
[1238]Member, Historical Committee, United States Air Force, 1972-
[1239]80.
[1241]Previous Appointments: No.
[1242]Business relationships:
[1243]Director, Rand McNally & Company, Skokie, IL me os
[1245]Partner, Parkview Realty Company, Yonkers, NY ae
[1246]Secretary~Treasurer, Graff~47 Realty Corp., Scarsdale, NY °
[1248]- Chairman, Friends of the Columbia University Libraries
[1250]14.
[1252]15.
[1254]16.
[1256]Former trustee, Columbia University Press
[1257]Memberships:
[1259]Phi Beta Kappa, Phi Beta Kappa Associates, the American
[1260]Historical Association, the Organization of American His
[1261]torians, the Society of American Historians, Society of the
[1262]Historians of American Foreign Relations, Center for the
[1263]Study of the Presidency, the Authors Guild, PEN, the Century
[1264]Association, Sunningdale Country Club, the Council on Foreign
[1265]Relations
[1267]Political affiliations and activities:
[1269](a) none
[1270](b) none
[1271](c) none
[1273]Honors and awards:
[1275]Fellowship, American Council of Learned societies, 1$42
[1277]Army Commendation Medal, 1945
[1279]Townsend Harris Medal, the City College of NY, 1966.
[1281]Mark Van Doren Award, Columbia University, 1981
[1283]Great Teacher Award, Calumbia University, 1982
[1285]Kidger Award of the New England History Teachers Associa-
[1286]tion, 1990
[1288]Senior Fellowship, Freedom Forum Media Studies Center, 1991-2
[1291]13-00000
[1293]a iL
[1295]HENRY FRANKLIN GRAFF cont/’d
[1297]17. Published writings:
[1299]BOOKS : a
[1300]Bluejackets with Perry in Japan (New York, New York Public
[1301]Library (1952) -
[1302]odern Researcher (with Jacques Barzun) (New York, 1957)
[1304]Latest edition is the Fifth, ~published in 1992-- hardcover.
[1305]edition by. Houghton Mifflin Co., paperbound edition by
[1306]Harcourt Brace.
[1308]e_ Ad (with John A. Krout)
[1309](Chicago, Rand McNally & Co. 1959, second ed., 1968, third
[1310]ed. 1973) .
[1312]Ss ected Addresses of John Alle » (with
[1313]"Clifford L. Lord) (New York, Columbia University Press, ?
[1315]cons.ed., The Life History of the United States, 12 vol.
[1316](New York, Tine, Inc., 1963-64)
[1317]e e (Chicago, Rand McNally & Co., 1967,
[1319]second ed., CrP? third ed., 1977, fourth ed., 1980.)
[1320]with the Editors of Silver Burdett, Thomas Jefferson
[1321](Morristown, we 1967) .
[1323]ed., ism
[1324](Boston, Little Brown & Co., 1969)
[1325]The Tuesday Cabinet: Deliberation and Decision on Peace and __
[1326]_War_under Lyndon B. Johnson (Englewood Cliffs, NJ, Prentice-
[1327]Hall, 1970.
[1328]e (with Paul J. Bohannan) (Chicago, Rand
[1329].MeNally & Company, 1977)
[1330]‘The Promise of Democracy (with Paul J. Bohannan) (Chicago, -
[1331]Rand McNally & Company, 1977
[1332]This Great Nation: A History of the United States (Chicago,
[1333]Riverside Publishing Co. 1983)
[1334]America: The Glorious Republic (Boston, Houghton Mifflin Co.,
[1335]1985, Second Edition, 1990). oe
[1336]side _A_ Reference ry (New York, Charles Scribner‘s
[1338]Sons, 1985)
[1339]CHAPTERS OF -BOOKS: ~
[1341]“Problem of the Interregaun," in The Dynamics of the American.
[1342]Presidency. Compiled and edited by Donald Burce Johnson
[1343]and Jack L. Walker, New York: John Wiley and Sons, Inc.,
[1344]1964, pp. 125-128. Reprinted from The New York Times
[1346]« Ma azine, October 2, 1960, pp. 1S, 88-89.
[1348]“The Charles River Bridge Case," in Quarrels That Bave Shaped
[1349]the Constitution. Ed. by John A. Garraty, New York:
[1350]Harper and Row, 1964, pp. 62-76. Colophon edition
[1352](Harper paperback), 1966.
[1353]Chapter 81, "American Imperialisn," in John A. Garraty and Peter
[1355]Gay, eds., The Columbia History of the World (New York, 1972:
[1358]13-00000
[1361]HENRY F. GRAFF cont/d 5
[1362]_—_______ HENRY F. GRAFF contt® .
[1364]ARTICLES:
[1366]“The Early Impact of Japan upon American Agriculture," Agricultural
[1367]History, 23:2 (April, 1949), pp. 110-16.
[1369]"The Lesson of a Japanese Revolution," Political Science Quarterly,
[1370]65:3 (September 1950, pp. 431-40). ‘
[1372]"Bluejackets with Perry in Japan," New York Public Library
[1373]Bulletin, 55:3-22, 66-85, 133-47, 162-80, 225-40, 276-87,
[1375]449-50 (Jan-Jul). .
[1377]‘““Rnowledge for Freedom," Baltimore Bulletin of Education, 31-4,
[1378]April 1954.
[1380]“Playing Political Possum Isn't Easy," The New York Times Ma azine,
[1381]June 26, 1960, pp. 13, 40-1.
[1383]“problem of the Interregnunm," The New York Times Ma, azine, October
[1384]2, 1960, PP. 88-9, .
[1386]“Bipartisanship: Only a Dream," The New York Times Magazine, - 2
[1387]December 25, 1960, pp. 8, 12-3.
[1389]“Quipmasters of Politics,” The New York Times Magazine, September
[1390]17, 1961, pp. 16, 39-41.
[1392]"The Kind of Mayor LaGuardia Was," The New York Times Magazine,.
[1393]Qctober 22, 1961, pp. 46, 5203.
[1395]"HceGuifey "6 Leésons--and Un-Lessqns," The New York Times Magazine,
[1396]December 3, 1961, PP. 50-2, 110-15.
[1398]"The College Survey Course in American History," Social Education,
[1400]. .252281-3, October 1961.
[1402]“CREB Advanced Placement Examination: American History - -- Comtientary
[1403]by Henry F. Graff," Social Education 26: 251-62, May 1962.
[1405]"Decease of the Log-Cabin Legend,“ The New York Times Magazine,
[1406]June 30, 1963.
[1408]"Life With Father, the President," The New York Times Magazine,
[1409]July 14, 1963. Reprinted The Milwaukee Journal,
[1411]-November 13, 1963.
[1413]"Preserving the Secrets of the White House," The New York Times
[1414]Ma azine [-¥y December 29, 1963, pe 9, 30-1.
[1416]"Prom Tippecanoe to Scranton, Too," The New York Times Magazine,
[1417]July 5, 1964, PP. 11, 16.
[1419]"A Heartbeat Away," American Heritage, xv, No. ‘Ss: (August, 1974), .
[1420]81-87.
[1422]“the Man Who -- Loses,“ The New York Times Magazine, November 15, 1964,
[1423]pp. 36, 132, 134.
[1425]"The Presidency »by the Presidents," The New York Times Magazine,
[1427]; April 12, 1964, PP. 18- -19, 105.
[1429]“Tsolationism Again -- with a Difference," The New York Times
[1430]Magazine, May 16, 1965, pp. 26-27, 98-100. Reprinted in
[1431]Congressional Record, 4ii No. 93 Monday, May 24, 1965,
[1432]10981-83. Also reprinted in Freedom House Reprint Series,
[1433]No. 17. :
[1436]13-00000
[1438]ee i
[1440]HENRY F. GRAFF cont/’d
[1442]a
[1443]“Decision in Viet Nam: How Johnson Makes Foreign Policy," The
[1444]New York Times Magazine, July 4, 1965, pp. 4-7, 16- 20.
[1445]Reprinted in Robert A. Divine, ed., American Foreign oe
[1446]Policy Since 1945. Chicago: Quadrangle Books, 1969,
[1447]pp. 215-32. Abridged, The Sunday Times (London), July
[1448]4, 1965, pp. 11, 13.
[1449]“Teach-in on Vietnam," The New York Times "Magazine, March 20,.
[1450]1966, pp. 25, 128-133.
[1451]"The Wealth of Presidents," American Heritage, xvii, No. 6 (October,
[1452], - 1966) pp. 4-5, 106-111.
[1453]“Patriotic Values in Anerica: An Historian's View," Perspectives”
[1454]in Defense Management, August, 1968, pp. 1-17.
[1455]“Troubled America is Changing," (Bei wa yamitsutsu Kawatte yuku),
[1457]+ in Yomiuri Shimbun (TokyoO, September 28,1968. First of ~.
[1459]series, "This. is America” (Zoku Kore ga Anerika da). .- 3}
[1460]Subsequent. articles were "Trend of the Times, "Black-White
[1461]coexistence’ " (Toki no _nagera 'Kuro-Shiro kyoson'),
[1462]October 6, 1968; “The Difficult Period of Political Re-
[1463]organization,” (Seiji saihenki no nayami), October 8, 1969.
[1464]Also, in English, “Americans Aware of Need to Adjust Foreign
[1465]Policy," November 5, 1968.
[1467]"Transition at the White House," The New Leader, LI, No. 25
[1469](December 30, 1968), pp. 3-7.
[1470]“Salo W. Barons. Historian of the Jews" (Symposium), Jewish Heritage,
[1471]xi. No. (Summer, 1969), Pp. 45- 47. .
[1473]. a
[1475]pautctuatey ¢ Foreign Policy," The New Leader, liii, No. 5
[1477](March 2, 1970), pp. 10-15. Reprinted in Congressional
[1478]- “Record, cxvi, No. 4 (Friday, March 20, 1970), S4231-3.
[1480]“The ‘Ordinary Many’ as President," The New Leader, September 2
[1481]1974, pp. 7-9.
[1483]"From Independence to Interdependence," in America at 200, |
[1484]Headline Series, no. 227, pp. 36-60. New York, Foreign
[1486]' Policy Association, Ine. 1975.
[1488]“The President and the Press," in Covering the '76 Elections:
[1489]A. Dialogue Between Journalists and Social Scientists
[1490](Columbia Journaliem Monograph, NO. 2, 1976).
[1492]"To Choose a President,” published March 7, 1976 (written for
[1493]Associated Press).
[1495]"Do Americans Understand Democracy?" in Perspectives in Defense
[1496]Management,No. 24, Winter 1975-1976, pp. 69-77.
[1498]“Presidents as Penman," in Dora B. Weiner. and William B. Keylor, ..
[1499]eds., From Parnassus: Essays in Honor of Jacques Barzun,
[1500]New York, 1977.
[1502]“Lyndon B. Johnson: Frustrated Achiever," in Philip C. Dolce
[1503]and soorse Skau, eds., Power _and the Presidency, (New York,
[1504]1977).
[1506]-
[1509]13-00000
[1511]w #
[1513]HENRY F. GRAFF cont/’d
[1515]"Presidents are Now Mayors," The New Y
[1517]R ork Times, Jul .
[1519]wElecting Civilians," The New York Times, Fabeaory 23, 1980).
[1520]nobreats to Presidency," The New York Times, July 25, 1980. <
[1521]The Vexing of the U.S. Presidency: An Interview with Henry
[1523]FP. Graff,"
[1524]pp 33-7. by Ceil Cleveland, Columbia, Fall, 1980,
[1526]‘MISCELLANEOUS PIECES:
[1528]Biographical sketch of Jacob Ruppert in Dictionary of American
[1529]Biography, Supplement 2, pp. 589-90 (New York, 1958);
[1531]Introduction to Margaret Bassett, Profiles and Portraits-of -.
[1532]American Presidents, (Freeport, Maine, 1964).. ca
[1534]Preface to James Warner Bellah, Soldiers' Battle? Gettysburg,
[1535]New York 1962.
[1539]" REVIEW ESSAYS AND REVIEWS: .
[1541]3
[1543]ey LD
[1544].
[1546]Numerous reviews and review articles for:
[1547]American Historical Review
[1549]Journal of Modern History
[1551]Political Sct#ence Quarterly
[1552]The New Leader. - ,
[1554]Columbia Law Review
[1556]Saturday Review |
[1557]The New York Times Book Review
[1560]13-00000
[1563]f é
[1568]HENRY F. GRAFF cont/’d
[1570]I have also contributed biographical sketches over the years to
[1571]the Dictionary of American Biography. These have allowed me to
[1572]indulge my affection for baseball. I have written the sketches
[1573]of . Tay
[1575]Ty Cobb
[1577]Lou Gehrig
[1579]Rogers Hornsby -
[1581]Mel ott
[1583]Jacob Ruppert
[1585]Honus Wagner — -
[1586]Heine Zimmerman
[1588]Yet to be published are those of Casey Stengel and Jackie .
[1589]Robinson, which will appear shortly in the latest Supplement .
[1590]volumes of the DAB.
[1592]I contributed the articles on Gerald Ford and Branch Rickey to
[1593]the Reader's Companion to American History (Boston, Houghton
[1595]Mifflin, 1992)
[1597]I contributed the articles on Lyndon B. Johnson, the Great
[1598]Society, Presidential retreats, and Presidential secretaries to
[1599]be published in the forthcoming four-volume Encyclopedia of the
[1601]American Presidency (New York, Simon & Schuster, 1993).
[1602]I contributed a chapter, "The Campaign of 1928," to Running for
[1604]President, a two-volume history of presidential campaigning
[1605]edited by Arthur Schlesinger, Jr. and Fred Israel planned for
[1606]publication by Simon & Schuster in 1994.
[1608]I am at work on a book of essays on the Presidency. —
[1610]In recent years I have written a number of Op-Ed articles for the
[1611]s and the S
[1613]13-00000
[1617]HENRY FRANKLIN GRAFF, cont‘d
[1618]18. Speeches:
[1620]I have no texts of formal speeches delivered in the past 5
[1621]years.
[1623]19. Congressional Testimony:
[1624]I have never testified before a Committee of the Congress.
[1625]20. Selection: . oO
[1627](a) Do you know why you were chosen for this nomination by
[1628]the President? I assume that I was considered to have
[1629]professional qualifications especially suiting me for. the
[1630]position. ;
[1631](b) What do you believe in your background or employment
[1632]experience affirmatively qualifies you for this particular
[1633]appointment? I have spent a lifetime teaching and writing
[1634]about the history of the presidency and about American
[1635]history in general. The work of this appointment is bound
[1636]to draw on the expertness I believe I have acquired.
[1638]B. FUTURE EMPLOYMENT RELATIONSHIPS
[1640]1. Will you sever all connections with your present employers,
[1641]business firms, business associations or business organiza
[1642]tions if you are confirmed by the Senate?
[1644]I do not have such connections.
[1645]2. Do you have any plans, commitments or agreements to pursue
[1647]. outside employment, with or without compensation, during your
[1649]service with the government? If so, explain.
[1651]No.
[1652]33 Do you have any plans, commitments or agreements after
[1653]completing service to resume employment, affiliation or
[1654]practice with your previous employer, business firm, associa
[1655]tion or organization?
[1657]No.
[1659]4. Has anybody made a commitment to employ your services in any
[1660]capacity after you leave government. service?
[1662]No.
[1665]13-00000
[1669]HENRY FRANKLIN GRAFF cont‘d
[1671]5. If confirmed, do you expect ‘to serve out your full term or
[1672]until the next Presidential election, whichever is applicable?
[1674]Yes. : :
[1675]C. POTENTIAL CONFLICTS OF INTEREST
[1677]1. Describe all financial arrangements, deferred compensation a
[1678]agreements, and other continuing dealings with business as
[1679]sociates, clients or customers.
[1681]Tg
[1682]on tk
[1684]. My fees as a Director of Rand McNally & Company are being A
[1685]deferred until such time as I retire from the Board.
[1687]2. Indicate any investments, obligations, liabilities, or other
[1688]. relationships which could involve potential conflicts of
[1689]interest in the position to which you have been nominated.
[1691]None.
[1693]3. Describe any business relationship, dealing or financial
[1695]transaction which you have had during the last 10 years,
[1697]whether for yourself, on behalf of a client, or acting as an
[1699]agent, that could in any way constitute or result in a
[1701]possible conflict of interest in the position to which you
[1702]have been nominated.
[1704]None.
[1706]4. Describe any activity during the past 10 years in which you
[1708]‘have engaged for the purpose of.directly or indirectly
[1709]influencing the passage, defeat or modification of any
[1710]legislation or affecting the administration and execution of
[1711]law or public pelicy.
[1713]None.
[1715]5. Explain how you will resolve any potential conflict of
[1716]interest, including any that may be disclosed by your respon-
[1717]ses to the above items. (Please provide copies of any trust
[1718]or other agreement.)
[1720]None will arise.
[1723]13-00000
[1725]see cer te te ee me iy
[1727]HENRY FRANKLIN GRAFF, cont/’d
[1729]6. Do you agree to have written opinions provided to the Commit
[1730]tee by the designated agency ethics officer of the agency.to
[1731]which you are nominated and by the Office of. Governnent Ethics
[1732]concerning potential conflicts of interest or any legal
[1734]impediments to your serving in this position?
[1736]Yes.
[1738]D. LEGAL MATTERS .
[1740]1. Have you ever been disciplined or cited for a breach of thics
[1741]for unprofessional conduct by, or been subject of a somplaint
[1742]to any court, administrative agency, professional association,
[1743]disciplinary committee, or other. professional” group? - If- so,
[1744]provide details.
[1746]No.
[1748]2. Have you ever been investigated, arrested, charged or held by
[1749]any Federal, State, or other law enforcement authority for
[1750]violation of any Federal, State, county or municipal law,
[1751]regulation or ordinance, other than a minor traffic offense?
[1752]If so, provide details.
[1754]No.
[1755]3. Have you or any business of which you are or were an officer
[1756]ever been involved as a party in interest in any administra
[1757]tive agency proceeding or civil litigation? If so, provide
[1758]details.
[1759]No.
[1761]4. Have you ever been convicted (including pleas of guilty or
[1762]nolo contendere) of any criminal violation other than a minor
[1763]traffic offense?
[1765]No.
[1767]5. Please advise the Committee of any additional information,
[1769]. favorable or unfavorable, which you feel should be considered
[1770]in connection with your nomination.
[1772]None. TT,
[1775]13-00000
[1777]E. FINANCIAL DATA .
[1779]- (Retained in Committee Files.)
[1784]AFFIDAVIT
[1786]Henry E Gy: being duly sworn, hereby states that he/she has read and signed the foregoing Statement
[1787]on Biographical and Financial Information and that the information provided therein fs, to the best of his/her knowledge,
[1789]current, accurate, and complete.
[1791]GRETCHEN BARBIERI
[1792]Public, State of New York
[1793]Notary tie. 4776146
[1795]{ WO Westchester County
[1796]cotttnistion Expires dan. 31, 19 aS” 7 .
[1798]GPO: 1901 *-427(m)
[1801]13-00000
[1803]‘PRE-HEARING QUESTIONS FOR
[1804]HENRY F. GRAFF
[1805]TO BE A MEMBER OF THE
[1806]ASSASSINATION RECORDS REVIEW BOARD
[1808]I, NOMINATION PROCESS AND POTENTIAL CONFLICTS
[1809]1. Were any conditions, expressed or implied, attached to your
[1811]nomination to be a member of the Assassination Records Review
[1812]‘Board (ARRB) ?
[1814]No.
[1816]2. Have you made any commitments with respect to policies or
[1818]programs affected by your role as a member of the ARRB? If 60,
[1820]what are they?
[1822]No. . ; °
[1823]3. Are there any issues involving the ARRB from which you may
[1824]have to disqualify yourself? If so, please explain.
[1826]No.
[1828]4. Have you been a party to any legal actions or administrative
[1829]proceedings pertaining to access to, or disclosure of, federal .
[1830]‘records on the subject of the assassination of President Kennedy?
[1832]No.
[1834]IL, ROLE AND RESPONSIBILITIES
[1836]1. What particular qualifications and experience do you bring to
[1838]the role of being a member of the ARRB?
[1840]First, I have been a professional historian during most of my
[1841]adult life, specializing in the history of the presidency and the
[1842]history of United States diplomatic relations, and attaining
[1843]national standing and recognition. I believe that I have a well-
[1844]developed sense of historical objectivity. :
[1846]Second, I served two terms as a member of the National
[1847]Historical Publications Comission to which I. was appointed. and
[1848]then reappointed by President Johnson. A chief function was to
[1849]arrange for the evaluation and publication of collections of -
[1850]documents with historical significance. I participated fully in
[1851]the activities of the NHPC and gained indispensible experience in
[1852]judging documentary vork.
[1854]Third, as co-author of The Modern Researcher (which has been
[1855]described as the “classic guide to research and writing" and
[1857]- 1
[1859]PI-17-G3 11:7ePM PANT #7F.
[1861]13-00000
[1863]«? . . <
[1865]which now is in its Fifth Edition and its thirty-sixth year of
[1866]lication), I have a keen sense of the mathods and needs of
[1867]researchers.
[1869]2. What do you consider to be your primary responsibilities and “ -
[1870]_ priorities as an ARRB member?
[1872]My first responsibility is to help establish the determina-
[1873]tion of the Board to fulfill the purpose of the legislation |
[1874]creating it.
[1876]_. @he second is to help oversee the orderly and complete
[1877]gathering of the documents from the respective agencies holding
[1878]m. .
[1880]The first priority is to help structure the Board so that
[1881]the work can proceed expeditiously and efficiently. . Smee is
[1882]The second priority is to obtain the services of a know-” © ,
[1883]ledgeable and energetic Executive Director as soon as possible.
[1885]-
[1887]3. How do you envision your relationship and responsibilities--
[1888]as an ARRB member-- to (a) the President, (b) the Congress, and
[1889](c) other executive branch agencies?
[1891](a) to the President: I will aim to the best of my ability
[1892]to meet the high expectations that President Bush enunciated upon
[1893]signing the Act creating the Board: to help burnish the reputa-
[1894]tion of the United States Government for trustworthiness. I will
[1895]be responsive to inquiries and suggestions that may emanate from
[1896]the White House, while keeping in mind that the Board’s own
[1897]integrity is the highest desideratun.
[1901](b) to the Congress: I will aim to fulfill the purpose of
[1902]the legislation creating the Board. I will always be acutely
[1903]aware of the keen interest and concern that the Congress has
[1904]expressed from the beginning in the assassination itself and in
[1905]the attendant issues that understanding it has generated both on
[1906]Capitol Hill and in the country at large. I will be responsive
[1907]to inquiries and suggestions that may emanate from the Congress,
[1908]while keeping in mind that the Board’s own integrity is the
[1909]highest desideratun.
[1911]shee, 2 ee em
[1913](c) to other executive branch agencies: I will be respon-
[1914]sive to the special concerns that assembling the pertinent —
[1915]documents may create. Still, I feel obliged to keep firmly in
[1916]mind that the Board‘’s mission is the highest desideratun.
[1918]4. How do you view the job of ARRB Executive Director? What role a
[1919]do you anticipate playing in the selection of ARRB Executive a
[1920]Director and staff?
[1922]The Executive Director is central to the success of the
[1923]Board’s mission. He or she must be a person of judgment,
[1925]2
[1927]=)
[1928]ant
[1929]x
[1932]13-00000
[1935]The Executive Director is central to the success of the
[1936]Board's mission. He or she must be a person of judgment,
[1937]principle, and energy, experienced in dealing with masses of
[1938]historical material and capable of comfortably delegating work to _
[1939]subordinates. The person must be history-minded as well as of
[1940]capable of administering justly and effectively an enterprise
[1941]that will be substantial in size and enduring in ite impact on
[1942]the nation’s. The Executive Director must be aware from the :
[1943]outset that he or she will have to be in regular contact with the
[1944]Board on all vital issues arising out of the work. ae
[1946]I would expect to have a part in interviewing prospective
[1947]nominees for the post, and then in helping to instruct the person .-
[1948]selected as to his or her responsibilities. As to the staff, I
[1949]assume that the Executive Director will have a comparatively. free
[1950]hand in the selection of subordinates in order to guarantee the. |
[1951]ultimate responsibility of the Executive Director for the ee
[1952]thoroughness of the undertaking. I would expect to be consulted.
[1953]on nominees for staff positions as significant issues arise.
[1955]IIL._POLICY ISSUES
[1957]1. Have you made any public statements-- oral or written--
[1958]regarding the assassination of President Kennedy or the public
[1959]availability of government records regarding this assassination?
[1960]Please explain, and provide copies of any relevant material.
[1962]I was interviewed by the Scarsdale Inquirer in the week after
[1963]President Clinton announced his intention to nominate me to the
[1964]ARRB. I offered some innocuous remarks to the reporter, which
[1965]were not set down with complete accuracy. (I know, for exanple,
[1966]and so said, that the Kennedy autopsy material will not be made
[1967]public. Also, I specifically said that George Stephanopoulos was -
[1968]never a student of mine.) The text is attached.
[1970]2. Members of the ARRB will be examining security classified
[1971]records with a view to their declassification and public dis-
[1972]closure, in whole or in part, at some time in the future.
[1974](a) Can you describe what prior experience you have had, if
[1975]any, with using or examining security classified records of the
[1976]Federal Government? ‘
[1978]During my army service in World War II as an enlisted man
[1979]and as an officer of the Army Security Agency at Arlington Hall
[1980]Station in Arlington, Virginia, I was engaged in cryptanalytic
[1982]“and translation work on the most secret Japanese diplomatic codes
[1983]and ciphers. The resulting documents were classified TOP SECRET
[1985]- ULTRA-- the highest classification of that day. I was also privy
[1986]to the MAGIC SUMMARY, which was issued daily to the White House
[1988]3
[1991]a
[1993]a
[1995]13-00000
[1997].s 5 a, ; A
[1998]and to 10 Downing Street by Special Branch in the Pentagon, and
[1999]was also classified TOP SECRET ULTRA.
[2001]{b) What do you think of our current security clasaification
[2002]system? For example, would you gay it operates well, ha a
[2003]integrity, and serves the public interest?.
[2005]I am not faniliar with the intricacies of the classification:
[2006]system at present. I have never requested documents under the ‘
[2007]Freedom of Information Acts and have no personal experience on
[2008]which to base an answer to the sub-question.
[2010]As a diplomatic historian, I have been concerned that the ,
[2011]long time-lag that now obtains in the publication of
[2012]es Series could be considerably
[2013]shortened without damage to the national interest. Still, a -lack
[2014]of sufficient funds may be partly responsible for this situation. ,
[2016]3. One of the duties of the ARRB will be to determine what
[2017]constitutes an “assassination record". What criteria do you
[2018]think should be used to make this determination?
[2020]I believe that an “assassination record" vould be any
[2021]document that directly or indirectly materially bears on the
[2022]assassination. The Board will have to create criteria for what.
[2023]is meant by “materially". It is my further belief that in- |
[2024]dividual documents and classes of documents will have to be |
[2025]evaluated by the Board on a case-by-case basis. ‘
[2027]_ T Ss
[2028]1. Do you agree without reservation to respond to any reasonable.
[2029]summons to appear and testify before any duly constituted commit
[2030]tee of the Congress, if confirmed?
[2031]Yes.
[2032]2. Do you agree without reservation to reply to any reasonable
[2034]request for information from any duly constituted committee of
[2035]the Congress, or its duly authorized agent, if conformed?
[2037]Yes..
[2040]13-00000
[2042]L
[2043]BIOGRAPHICAL AND FINANCIAL. INFORMATION REQUESTED OF “NOMINEES
[2045]A. Biographical Information
[2046]1. Name:
[2047]Kernit L. Hall
[2048]2. Position for Which Nominated:
[2049]Member of the Assassination Records Review Board
[2050]3. Date of Nomination: | ’
[2051]September 9, 1993
[2053]aM
[2055]4. Address: a are
[2056]Home: 1500 S. Frisco, 2F, Tulsa, OK 74119 So
[2057]office: College of Arts & Sciences, Suite 111, Chapman:
[2059]Hall, The University of Tulsa, Tulsa, OK 74104-3189
[2061]5. Date and place of birth:
[2063]31 August 1944, Akron, Ohio, USA
[2065]6. Marital status: | |
[2066]Married to Phyllis Anne Moke
[2068]7. Names and age of children:
[2070]- No children
[2072]8. Education:
[2074]Garfield High School, Akron, Ohio, 1959-1962, Diploma, June,
[2075]1962.
[2077]The University of ‘Akron, Akron, ohio, 1962-1966, B.A., June,
[2078]1966.
[2080]Syracuse University, Syracuse, New york, 1966-1967, M.A.,
[2081]August, 1967. : .
[2082]The University of Minnesota, Minneapolis, Minnesota, 1969-
[2084]1972, Ph.D., August 1972.
[2086]Yale University Law School, New Haven, Connecticut, 1979-1980,
[2087]Master of Study of Law, August 1980.
[2090]13-00000
[2092]10.
[2094]il.
[2096]12.
[2098]@ b
[2100]Harvard University, Institute for Educational Management,
[2101]Cambridge, Massachusetts, 1993, Certificate, July 1993.
[2103]Employment Record:
[2105]Resident Advisor, Syracuse University, Syracuse, New York,
[2106]September 1966-August 1967. © .
[2108]Second/First Lieutenant, U. S. Army, Army Security agency,
[2109]January 1968-December 1969.
[2111]Teaching Assistant, Department of History, University of
[2112]Minnesota, Minneapolis, Minnesota, January 1969-June 1971.
[2114]Instructor, Metropolitan Junior College, Minneapolis,
[2115]Minnesota, September 1971-June 1972. er
[2120]Assistant Professor, Department of History, Vanderbilt
[2121]University, Nashville, Tennessee, September 1972-June 1976.
[2123]Assistant/Associate Professor, Department of History, Wayne
[2124]State University, Detroit, Michigan, September 1976-June 1981.
[2126]Associate/Full Professor of History and Law, University of
[2127]Florida, Gainesville, Florida, September 1981-July 1992.
[2129]Dean and Professor of History and Law, The University of
[2130]Tulsa, Tulsa, Oklahoma, July 1992-present.
[2132]Military Service: .
[2134]Second and First Lieutenant, U. S. Army Security Agency,
[2135]January 1968-December 1969, Honorable Discharge.
[2137]Government experience:
[2139]Member, Historical Advisory Board, Federal Judicial Center,
[2140]1989-present.
[2142]Member, Board of Directors, Oklahoma School of Science and
[2143]Mathematics, 1992-present.
[2145]Panel Reviewer, National Endowment for the Humanities, Various
[2146]Panels involving public programming, secondary and higher
[2147]education, 1989-present. ;
[2149]Panel Reviewer, National Science Foundation, Law and Social
[2150]Science Progran, 1985- -1991.
[2152]Previous Appointments:
[2153]No previous federal nomination.
[2155]2
[2158]13-00000
[2162]13.
[2164]14.
[2168]Business relationships:
[2170]Member, Board of Advisors, American Bar Association,
[2171]Commission on College and University begat Studies, 1993-
[2172]present.
[2174]Member, Board of Trustees, The Tulsa Philharmonic Society,
[2175]1993-present.
[2177]Member, National Advisory Board, The ERIC Clearinghouse for.
[2178]Social Studies, 1993-present.
[2180]Director and Trustee, American Society for Legal. History,
[2181]1982-1985, 1986-1989.
[2183]Advisory Board, “Road to the War of 1812: A Journey-Through
[2184]Early American History,“ Pure Magic Productions, El Monte,
[2186]California.
[2188]Advisory Board, “unlikely Heroes," Peterson Productions,
[2189]Washington, D. C._
[2191]Advisory Board, "Simple Justice," New Images Productions,
[2192]Berkeley, California. — a,
[2194]Advisory Board, "The American Constitution," Maryland Public _
[2195]Television, Maryland.
[2197]Co-editor, emocracy, The University
[2198]Press of Virginia, widona lism and ‘
[2199]Co-editor, Southern Legal History, The University of Georgia
[2200]Press, 1993-present. ,
[2201]Co-editor, Studies Western | al His , The University of
[2202]Nebraska Press, 1987-present.
[2204]Editor, Great Cases erican Constitutional sto
[2205]McGraw-Hill Publishers, 1991~present.
[2206]Editor, Bicentennial Essays_on the Bill of Rights, Oxford
[2208]University Press, 1986-present.
[2209]Memberships:
[2211]American Historical Association (Program Committee, Littleton-
[2212]Griswold Prize Committee, Representative to Project ‘87,
[2213]Chairperson, Bill of Rights Education Collaborative) |
[2214]American Judicature Society
[2216]Organization of American Historians (Program Committee, Chair
[2217]of Ad Hoc Committee on Access to Lawyers’ Papers)
[2219]Southern Historical Association (Program Committee)
[2221]3
[2224]13-00000
[2226]15.
[2228]w
[2230]American Society for Legal History (Chair of Program
[2232]Committee, Member, Board of Trustees, Chair of Committee on
[2234]Openness)
[2236]The Society of Historians of the Early Republic
[2238]Social Science History Association . e
[2239]Western History Association (Member, Program Committee,
[2240]Member, Board of Editors, Western Historical Review) .
[2241]Ninth Judicial Circuit Historical Society
[2243]Phi Alpha Theta (History Honorary)
[2245]Omicron Delta Kappa (Leadership Honorary)
[2247]Phi Sigma Alpha (Leadership Honorary)
[2249]Law & Society Association (Editor, Fifth Issue: Law & Society
[2253]Review, Member, Editorial Board, Law_& Society Review)
[2254]American Bar Association (Member, Advisory Committee, on
[2255]College and University Legal Education) mo
[2257]The National Audobon Society ma
[2258]National Geographic Society _ 3
[2259]Philbrook Museum ,
[2261]Gilcrease Museum
[2263]All Souls Unitarian Church
[2265]The Tulsa Philharmonic Society
[2267]Political affiliations and activities:
[2269]Political Affiliations and Activities:
[2271]a. List all offices with a political party which. you have
[2272]held or any public office for which you have been a
[2273]candidate.
[2275]None.
[2277]b. List all memberships and offices held in and services
[2278]rendered to all political parties or election committees
[2279]during the last 10 years.
[2281]None. .
[2282]c. Itemize all political contributions to any individual,
[2283]' campaign organization, political party, political action
[2284]committee, or similar entity of $50 or more for the past
[2285]5 years.
[2287]Check-off on income tax return for presidential
[2288]campaigns.
[2293]16.
[2295]ra i
[2297]Honors and awards:
[2299]"Native Americans and: Higher Education," Summer Institute for
[2300]Native American high school students, The Coca-Cola
[2301]Foundation, 1994-1997. o
[2303]"Defining the Core of Citizenship: Reaching Those Who Teach
[2304]Teachers," Summer Institute for College Teachers, National
[2306]Endowment for the Humanities, ‘1993-94.
[2308]"Minority ‘Scholars in History," Grant, Pew Charitable mats,
[2309]1991 - 1994. .
[2311]Fellow, Center for Great Plains Studies, Lincoln, Nebraska.
[2313]American Historical Association Nominee, Charles A. Sana,
[2314]Award of the Association of American Colleges’ for Pioneering
[2315]Achievements in Higher Education, 1987.
[2317]Comprehensive Bibliography selected by Choice as an
[2318]Outstanding Academic Book in History for 1985.
[2320]The Oxford Companion to the Supreme Court, selected by the
[2321]History Book Club as a Main Selection, 1992; Named “An
[2322]Outstanding Reference Work for 1992," by the American Library
[2323]Association, and Certificate of Merit, Gavel Award,. American
[2324]Bar Association, 1993.
[2326]Fulbright Short Term Lecturer in American Constitutional and
[2327]Legal History, Universities of Helsinki and Turku, Finland,
[2328]February 1987.
[2330]Visiting Scholar, ‘American Bar Foundation, Chicago,
[2331]Illinois, 1986-1987. ;
[2333]Grant, "The South and the American Constitutional Tradition, *
[2334]Florida Endowment for the Humanities, 1986-1987.
[2336]Grants from Rockefeller, Hewlett, and Exxon Foundations
[2337]for the History Teaching Alliance, 1984-1987. (Administered
[2338]through the American Historical Association.)
[2340]Fulbright Lecturer in Law and American Studies, Kobe
[2341]University, Japan, 1985-1986. (declined)
[2343]"Collaboratives on Teaching the History of the American
[2344]Constitution in Secondary Schools," Grant, William and Flora
[2345]Hewlett Foundation, 1984- 1987.
[2348]13-00000
[2350]17.
[2352]« L
[2354]Grant, "The Popular Election of Judges and Judicial Behavior,"
[2355]National Science Foundation, Law and Social Sciences Division, |
[2356]1984-1986.
[2358]Grant, "The History of Popular Election of Judges,“ Albert J.
[2359]Beveridge Fund, American Historical Association, 1984,
[2361]Grant, “The Politics of Nineteenth-century . Judicial
[2362]Elections," American Association for State. and Local History,
[2363]1983-1984.
[2365]Norman Wilensky Teaching Prize, Department of History,
[2366]University of Florida, 1983.
[2368]"The History of the Popular Election of suagee," atonal
[2369]Endowment for the Humanities, Summer Stipend, 1982.°
[2371]"A Bibliography of American Constitutional and Legal
[2372]History," American Bar Foundation Legal History Grant, 1982.
[2373]Legal History Fellow, American Bar Foundation, 1980-1981.
[2374]Post-Doctoral Graduate Fellow, Yale Law School, 1979-1980.
[2375]Post-Doctoral Fellowship, Earhart Foundation, 1979-1980.
[2377]"The Politics of Federal Judicial Selection," Grant-in-Aid,
[2379]. The American Philosophical Society, Summer, 1976.
[2381]"The Politics of Federal Judicial Selection," Grant-in-Aid,
[2382]The American Council of Learned Societies, Summer, 1975.
[2384]Published Writings:
[2386]Books:
[2387]Kermit L. Hall, The Magic Mirror: Law jin Americ an Hist ory (New
[2389]York: Oxford University Press, 1989).
[2391]Kermit L. Hall and Eric W. Rise, From al Courts to ] Nat ona)
[2392]ibunals: e Fede strict Courts o ida =
[2394](Brooklyn, NY: Carlson Publishing Company, 1991)..
[2396]Kermit L. Hall, The Supreme Court and Judicia) Review in
[2398]American History (Washington, D.C.: American Historical
[2400]Association, 1985). A volume in the American Historical
[2402]Association’s Bicentennial Essays. the Cons
[2404]Kermit L. Hall, The Politics of. Justice: Lower _Federa
[2406]Judicial Selection and the Second American Party System, -
[2407]1829-1861 (Lincoln: The University of Nebraska Press, 1979).
[2410]13-00000
[2412]Kermit L. Hall, editor-in-chief, The Oxford Companion to the
[2413]Supreme Court (New York: Oxford University Press, 1992).
[2414](James W. Ely, Jr., Joel Grossman, and William M. Wiecek
[2415]associate editors). F
[2417]Kermit L. Hall, Willian M. Wiecek, and Paul Finkelman,
[2418](New York:
[2419]Oxford University Press, 1991).
[2421]Kermit L. Hall, Major Problems in American Constitutional
[2422]History, 2 vols. (Lexington, MA: D. C. Heath and Company,
[2424]1991).
[2426]Kermit L. Hall, £ ‘3
[2428]. ca st (Arlington Heights, IL: © Harlan
[2429]eon Inc., 1991). ; - Ce
[2430]‘Kermit L. Hall and James W. Ely, Jr., ce i :
[2431]The South and the American Constitutional Tradition (Athens:
[2433]University of Georgia Press, 1989).
[2435]Kermit L. Hall, Collected Essays on American Constitutiona]
[2436]i 21 vols. (New York: - Garland Publishing
[2438]Company, 1986). (not included)
[2440]Kermit L. Hall, A_Comprehensive Bibliography of American
[2441]Constitutiona) and Legal History, 5 vols. _ (Millwood, NY:
[2443]Kraus. Thomson International, 1985). su
[2444](Millwood, NY: Kraus Thomson International, 1991). (not
[2445]included)
[2447]Kermit L. Hall, Harold M. Hyman, and Leon V. Sigal, eds., The
[2448]Constitutional’ Convention as an Amending Device (Washington, |
[2450]D.C.: American Historical Association, 1981).
[2452]Herbert Weaver and Kermit L. Hall, eds., The Correspondence
[2454]of James K. Polk, Volume Four, 1835-1836 (Nashville:
[2456]Vanderbilt University Press, 1975). (not included)
[2457]ticles and Chapters ji OokKs: |
[2459]“Of Floors and Ceilings: State Bills of Right: and the
[2460]American Constitutional Tradition," in David J. Bodenhamer and
[2461]James W. Ely, Jr., eds., New Perspectives on American Liberty
[2462](Bloomington, IN: Indiana University Press, 1993), pp. 213 - |
[2463]240.
[2465]“Of Floors and Ceilings: | The New Federalism and State Bills
[2466]of Rights," Florida Law Review 44 (September 1992,
[2467]forthcoming) .
[2470]13-00000
[2472]_ 6
[2473]a
[2474]"If All the World Were Philadelphia: Allen Steinberg’s The
[2475]" Pennsylvania History 27
[2477]'
[2479](Summer 1992): 13-21.
[2481]"The Irony of the Federal Constitution’s Genius: . State
[2482]Constitutional Development, * in Peter Farduiii, ed. . The
[2484]" (Gzbana: “University of Tilinois
[2486]Press, 1992): 235-261
[2488]"The Legal Culture of the Great Plains," eat Plains
[2489]Quarterly 12 (Spring 1992): 86-98.
[2491]“The Legacy of Nineteenth-Century State Bills of Rights ’
[2492]Perspectives on Intergovernmental Relations 17 (Fall 1993) :
[2493]15-18. ) ane
[2495]"‘Mostly Anchor and Little Sail’: State Constitutions in
[2496]American. History," in Toward a Usable Past: Liberty Under
[2497]State Constitutions, in Paul Finkelman and Steven Gottlieb,
[2498]eds. (Athens, Ga: University of Georgia Press, 1991), pp.
[2499]388-418. 7
[2501]"The Supreme Court, Original Intent, and. the | Bill of
[2503]Rights," in Raymond Arsenault, ed., re)
[2504]ts oss (New York: <The Free
[2506]Press, 1991), pp. 3 = 22.
[2508]“american | Legal History as Science and Applied Politics,"
[2509]enchma. arte Review _o e Co tutio a_Courts
[2510]4 (Summer 1990): 227 - 238. ,
[2512]"Justice Brennan and Cultural History: New York Times v__.
[2513]Sullivan and Its Times," California Western Law Review 27
[2515](1990-1991): 339 - 359.
[2517]“Framing the Bill of Rights," in ‘By and For the People’:
[2519]Constitutiona ts erican History, Kermit L. Hall,
[2521]ed. (Arlington Heights, IL: Harlan Davidson Publishers,
[2522]1991), pp. 14 - 25.
[2524]"The South and the American Constitution," in An Uncertain
[2525]Tradition, Kermit L. Hall and James W. Ely, Jr., eds. (Athens:
[2526]The University of Georgia Press, 1989), pp. 3-16.
[2528]"Law Librarians and the New American Legal History," Law
[2529]Library Journal 81 (Winter 1989): 1-11.
[2532]13-00000
[2536]“The American Citizen: The Developing Legal Concept," i n
[2538](Washington, D. C.: Council of Chief State School
[2539]Officers, 1988), pp. 41 - 61. ;
[2541]rae
[2543]“Implementing the Constitution as Law: - The origins of
[2545]| Judicial Review," "Implementing the Constitution as Law: The »
[2547]Establishment of Judicial Sovereignty ," and “The Amending
[2548]Precess and Constitutional Change," in e
[2549]Constitution, ed., Herman Belz (Baltimore: The International
[2550]University Consortium, 1987), pp. 41 - 61, 62 -.83, and 400 -
[2551]30. (not included) ue ’
[2553]“The ‘Magic Mirror’ and the Promise of Western Legal
[2554]History at the Bicentennial of the Constitution," The. Western
[2556]Historica] Quarterly, 18 (October 1987): 429 - 36.° ~ , .
[2557]“The Magic Mirror: American Constitutional and . Legal.
[2558]History," The International Journa] of Social Education 1
[2560](Autumn 1986): 22 - 48..
[2562]"Dissent on the California Supreme Court, 1850-. 1920,"
[2563]Social Science History. 10 (Spring 1987): 63 - 83.
[2565]“Why We Don’t Elect Federal Judges," this Constitution, no.
[2566]10 (Spring 1986): 20-26.
[2568]“Change Within Tradition: Hugh Lennox Bond, the Ku Klux Klan, |
[2569]and Civil Rights," The Maryland Historian 10 (Winter 1986):
[2570]110-32, with Lou Williams. (not included)
[2572]"Political Power and Constitutional Legitimacy: The South
[2573]Carolina Ku Klux Klan Trials, 1871-72," Emory Law Journal 33
[2574](Fall 1984): 921-51. °
[2576]“Progressive Reform. and the Decline of Democratic
[2577]Accountability:. The Popular Election of State Supreme Court
[2579].Judges, 1850-1920," can ound esearch Jou
[2581](Spring 1984): 345-70. “Reprinted "in Robert F. Williams, State
[2582]Constitutional Law: Cases and Materials, 2nd. ed.
[2583](Charlottesville, Va.:: The Michie Company, 1993).
[2585]“From Ballot to Bench: Popular Election and _ the
[2586]Southern Appellate Judiciary, 1832-1920," in,
[2588]ac ssays on the a sto e South, eds., David
[2589]J. Bodenhamer and James W. Ely, Jr., (University, Mississippi:.
[2590]University of Mississippi Press, 1984), pp. 229-55. (not
[2591]included)
[2594]13-00000
[2596]© b
[2598]. "Isham Green Harris: Secessionist Governor of
[2600]Tennessee," in Buck Yearns, ed., ed : Vv.
[2601](Athens: University of Georgia Press, 1985), pp. 185-94.
[2603]“Constitutional Machinery and Judicial Professionalism; The
[2604]Careers of Midwestern State Appellate Court Judges,
[2605]1861-1899," in 2 ©
[2607]° e. e ed., Gerard W. Gawalt
[2608](Westport, Conn.: Greenwood Press, 1984), pp. 29-49. .
[2610]“Think Things, Not Words’: Judicial Review in United States _
[2611]Constitutional History," vers °
[2612]135 (1983): 281-95. (not included)
[2614]"*Sometimes the Otter and Sometimes the Hound’: -.
[2615]Political Power and Legal . Legitimacy in American “History,
[2616]A Review Essay," esea
[2618](Spring 1983): 429-39. (not nee
[2620]"The Judiciary on Trial: State Constitutional Reform and the
[2621]Rise of an Elected Judiciary, 1846-1860," The Historian 44
[2622](May 1983): 337-54. Reprinted in Pittsburgh Federalist
[2623]Society Newsletter, June, 1993.
[2625]"For Whom the School Bell Tolls: fhe Substance and
[2626]Pedagogy of American Legal History," ive
[2627]Law Review 77 (May 1982): 201-16. (not included)
[2629]"Hacks and Derelicts Revisited: The American
[2630]Territorial Judiciary, 1780-1959," Western Historica)
[2631]Quarterly 12 (July 1981): 273-89.
[2633]"Mere Party and the Magic Mirror: California’s First
[2634]Lower Federal Judicial Appointments," The Hastings Law Journal
[2636]‘32 (March 1981): 819-37. (not included)
[2638]“The Children ‘of the Cabins: The Lower Federal
[2639]Judiciary, Modernization, and the Political Culture,
[2641]1789-1899," Northwestern University Law _ Review 75 (October
[2643]1980) ' 432-71.
[2645]"The Promises and Perils of Prosopography -- Southern
[2646]Style," Vande rbilt Law Review 32 (January 1979): 331-39.
[2648]"240 Men: The Antebellum Lower Federal Judiciary,
[2650]1829-1861," Vanderbilt Law Review 29 (October 1976):
[2651]1089-1129. (not included)
[2653]"101 Men: The Social Composition and Recruitment of the.
[2654]Antebellum Lower Federal Judiciary, 1829-1861," Rutgers-Camden
[2655]Law Journal 7 (Winter 1976): 199-227. (not included)
[2657]10
[2660]13-00000
[2662]we b ;
[2663]“Social Backgrounds and Judicial Recruitment: <A.
[2664]Nineteenth-Century Perspective on the Lower Federal
[2665]Judiciary," The Western Political Quarterly 29 (June 1976):
[2666]243-57. (not included)
[2668]"Andrew Jackson and the Judiciary: The Michigan
[2669]Territorial Judiciary as a Test Case, 1828-1832," Michigan
[2670]History 59 (Fall 1975): 131-51. (not included)
[2672]"The Civil War Era as a Crucible for Nationalizing the
[2673]Lower Federal Courts," H a
[2674]Archives 7 (Fall 1975) : 177-86. Reprinted in Joel Silbey,
[2675]ed., The Congress of the United States 1789-1989, vol. 1
[2676](Brooklyn, NY: Carlson Publishing Company, 1991), PP- 127-136.
[2678]‘(not included)
[2680]owe
[2682]"West H. Humphreys and the Crisis of the Union," Tennessee
[2683]Historical Quarterly 34 (Spring 1975): 48-69.” (not included)
[2685]"Federal Judicial Reform and Proslavery
[2686]Constitutional Theory: A Retrospective on the Butler Bill,"
[2688]e eric isto 17 (April 1973):
[2689]166~84. Reprinted in Joel Silbey, ed.,
[2690]United States 1789-1989, vol. 1 (Brooklyn, NY: Carlson
[2692]Publishing Company, 1991), pp. 137 -. 156.
[2694]“New Light on an Old Enigma: - Sam Houston and the Grand
[2695]Saline," The Chronicles of Oklahoma 51 (Fall 1973): 335-43.
[2696](not included) ;
[2698]QO ica] ectories:
[2699]Contributor to oqraphica ictiona U. S. Supreme-Cou
[2701]Justices, Melvin Urofsky, ed. (New York: Garland Publishing
[2702]Co., forthcoming 1994). Two essays. (not included)
[2704]. Contributor to The Oxford Encyclopedia of World Politics (New
[2706]York: Oxford University Press, forthcoming 1993) - One essay.
[2707](not included)
[2709]Contributor to The Encyclopedia of Southe ture, ed. by
[2710]Charles R. Wilson and William Farris (Chapel Hill:
[2711]University of North Carolina Press, 1989). Four essays. (not
[2712]included) © ,
[2714]contributor to clopedia the eric
[2715]Constitution, ed. by Leonard Levy and Kenneth Karst (New
[2716]York: Macmillan, 1986). Fourteen Essays, from 250 - 2,225
[2717]words in length. (not included)
[2719]11
[2722]13-00000
[2724]18.
[2726]a ?
[2728]Contributor to Judges of the United States, 2nd ed.
[2729](Washington, D.C.: U.S. Government Printing Office, 1984).
[2730]Over 1,000 biographical entries. (not included)
[2732]Contributor to The Encyclopedia of Southern History, ed: by
[2733]David ¢. Roller and John Twyman (Baton Rouge: Louisiana
[2734]State University Press, 1979). Two essays. (not included)
[2736]Reviews:
[2738]Journal of American History (10)
[2739]The Historian (7) ’
[2740]The American Journal of Legal History (5) .
[2742]The American Historical Review (8)
[2743]i (4) 7 _
[2744](5). ee Sy
[2746]Pennsylvania Magazine of History and Biography (3) Judicature
[2747]3) a
[2748]Vanderbilt Law Review (1)
[2750]The Midwest Review (1)
[2752]The Western Historical Ouarterly (3)
[2754]- Florida Historical Quarterly (5)
[2756]Constitutional Commentary (2)
[2757]New_York History (1)
[2759]pean History Review (2)
[2760]Journal of Southern History (3)
[2761]Criminal Justice History (1)
[2763]Docunentary— Editing Oy,
[2764]Hester.
[2766]ister of ere Ye noks istorical Society (3)
[2768]Georgia Historical Quarterly (3)
[2769]The Lav_and Politics Book Review (4)
[2771]Speeches:
[2773]"The Changing Supreme Court," Public Lecture, University of
[2774]Kentucky, Louisville, Kentucky, October 18, 1993.
[2776]"Time to Reclaim: The Social History of the Lower Federal
[2777]Courts," Detroit Historical Society, October 13, 1993.
[2779]“Civil Rights and the Press," Public Lecture, The Gilman
[2780]School, Baltimore, Maryland, March 29, 1993. :
[2782]"The Power of Comparison in Teaching About. Rights," Public
[2784]Lecture, The Mershon Center, Ohio State University, Columbus,
[2785]Ohio.
[2787]12
[2790]13-00000
[2794]"The Changing Supreme Court," Public Lecture, Smithsonian
[2796]Institution, Washington, D. C., October 1992.
[2798]“Public Libel Law and Modern American Morality," Humanities
[2799]Lecture Series, Kansas State University, Manhattan, Kansas,
[2800]September 1992.
[2802]“Sober Second Thoughts: Doing the History of the Federal
[2803]Courts," Eleventh Federal Circuit Historical Society, Hilton
[2804]Head, South Carolina, May 2, 1992. (included)
[2806]"The Bill of Rights and Original Intent,“ Keynote Address,
[2807]University Symposium on the Bill of Rights, East Carolina
[2809]University, Greenville, North Carolina, November 1991.
[2811]“What We Know About the Bill of Rights at Tvo-Hundred’i Yéars,"
[2812]Keynote Address, Central Michigan University; November 1991.
[2814]“The Problem of Incorporation and the Secona Amendment,"
[2815]University of Arizona Law School, ‘Tucson, Arizona, November
[2816]1991.
[2818]“Is There a Core Body of Knowledge about the Constitution and
[2819]the Bill of Rights?" Hearing Session Address, The Leon
[2820]Jaworski Symposium about Teaching the Constitution and the
[2821]Bill of Rights in the 21st Century, Smithsonian Institution,
[2822]Washington, D. C., August 1991.
[2824]“First Things First:. The ‘Central Meaning’ of the ‘Bill of.
[2825]Rights," Session Keynote Address, Annual Meeting of the
[2827]Association for Education in. Journalism and Mass
[2829]Communication, Boston, Massachusetts, August 1991.
[2831]“The Bill of Rights in Comparative International Perspective,"
[2832]Session Keynote Address, National Conference of - State
[2833]Legislatures Annual Meeting, Orlando, Florida,. August 1991.
[2835]"The World We Have Lost: The Bill of Rights Today," Keynote
[2836]Address, Georgia Bicentennial Commission Symposium on the Bill
[2837]of Rights, Atlanta, Georgia, July 1991.
[2839]“Teaching the Constitution and the Bill of Rights: What to Do
[2840]and What Not to Do," Symposium on Teaching about Law in
[2841]Community Colleges, Miami-Dade Community College, Miami,
[2842]Florida, May 1991.
[2844]"The Law of Libel and the First Amendment Revisited, "
[2845]Symposium on the Bill of Rights, University of Minnesota Law
[2846]School, May 1991. .
[2849]13-00000
[2851]a
[2852]“The Cultural History of the Law of Libel," Department of
[2853]History and College of Law, University of Illinois, April
[2854]1991.
[2856]“The Legal Culture of the Great Plains,“ Keynote Addréss,
[2857]Center for Great Plains Studies’ Symposium on the Bill of
[2858]Rights, University of Nebraska, Lincoln, Nebraska, March 1991.
[2860]"New York Times v. Sullivan and Its Times," Keynote Address;”
[2861]Drake University Law School Symposium on "Values in Conflict:
[2862]the First Amendment and the Law of Libel," Des Moines, Iowa,
[2864]March 1990.
[2866]"Civil Rights and the Law of Libel, 1950-1964," ‘Syracuse
[2867]University Law School, October 1989. , Oe
[2868]"A Little Bad History is Too High A Price for Certainty in the
[2869]Law,“ Keynote Address, Symposium on the History of
[2871]‘Constitutional Rights, The Ohio State University, Newark, |
[2873]April 1989.
[2875]"Heed Their Rising Voices: The Civil Rights Background of New
[2876]Vv. 7" Boston University Law School, March
[2877]1989.
[2879]"State Constitutions in the Political Process," Symposium on
[2880]Constitutionalism and the Political Process, University of
[2881]Illinois, November 1987.
[2883]"The Imperial Judiciary at the Bicentennial of the
[2884]Constitution," Keynote Address, Symposium on the Bicentennial |
[2885]of the United States Constitution, University of Alabama at
[2886]Huntsville, March 1987.
[2888]“Amending the Constitution," Jefferson Foundation National
[2889]Meeting, Washington, D. C., June 1987.
[2891]"The Law Librarian and the New Legal History," American
[2892]Association of Law Libraries, Chicago, July 1987.
[2894]“original Intent and the Founding Fathers at the Bicentennial
[2895]of the Constitution," Symposium on the History of
[2896]constitutional Rights, Pennsylvania State University, June
[2897]1987.
[2899]"The Constitution and the -Judicial Power at the |
[2900]Bicentennial," Pensacola Naval Air Station Association
[2901]Bicentennial Celebration, Pensacola, Florida, September 1987.
[2904]13-00000
[2906]19 °
[2908]20.
[2910]we B
[2912]“The American Legal Tradition," Dinner Address, Dinner in-
[2913]Honor of the Bicentennial of the U. S. Constitution, United
[2914]States Embassy, Finland, Helsinki, Finland, February 1987.
[2916]“The Imperial Judiciary," Loyola College of Law, ~
[2917]Chicago, Illinois, April 1987.
[2919]"All Anchor and No Sail: The Historical
[2921]Development of State Constitutions," Mississippi State ‘Bar
[2922]Association Symposium on Constitutional Reform, Jackson;
[2923]Mississippi, May 1986.
[2925]"The State of Constitutional and Legal History," Departiient
[2927]of History, Indiana University at Indianapolis, March 1986.
[2929]"The Monster that’ Almost Ate Washington: Why We Will ‘Not: Have
[2930]a Second Constitutional Convention," Keynote Address, Utah
[2931]Endowment for the Humanities Conference on Teaching About the
[2932]Constitution, Ogden, Utah,. March 1985.
[2934]“civil Rights and the Federal Courts During
[2935]Reconstruction," - Eleventh Circuit Historical Society,
[2936]Atlanta, Georgia, October 1984.
[2938]"Dissent on the Texas Supreme Court, 1850-1920," Texas Tech
[2939]University School of Law, Lubbock, Texas, April 1983.
[2941]"The Supreme Court in American History," American Studies
[2942]Research Institute, University of Krakow, Krakow, Poland, June
[2943]1980.
[2945]-"“California’s First Federal Judicial Appointments, *
[2947]Historical Society of the Northern District of California, San
[2948]Francisco,. California, April 1980.
[2950]Congressional Testimony: .
[2952]U.S.House of Representatives, Subcommittee on Census and
[2953]Population, September .11, 1980, HR 621.9, Bill to Commemorate
[2954]the Bicentenary Era of the Federal Government.
[2956]Selection: .
[2958]a. Do you know why you were chosen for this nomination by
[2959]the President?
[2961]The Organization of American Historians submitted my name
[2962]to President Bill Clinton and that he wished, on the
[2964]‘basis of that recommendation, to appoint persons with
[2965]appropriate credentials under the statute. °
[2967]15
[2969]13-00000
[2971]F]
[2973]b. What do you believe in your background or employment
[2974]experience affirmatively qualifies you for this
[2975]particular appointment? .
[2977]I believe that as a trained historian who has practiced
[2978]his craft for over 20 years I. am well qualified for the
[2979]position to which I have been nominated. In addition, I
[2980]have extensive experience working with documents in the
[2981]National Archives and, generally, dealing with issues
[2982]related to the accessibility of legal and governmental
[2983]docunents. ;
[2985]B. Future Employment
[2987]Will you sever all connections with your present: ‘employers,
[2988]business. firms, business associations or ‘Business
[2989]organizations if. you are confirmed by the Senate? nn
[2991]No, I see no reason to do so. I will continue as Dean of the
[2992]Henry Kendall College of Arts and Sciences and Professor of
[2993]History and Law at The University of Tulsa.
[2995]Do you have any plans, commitments or agreements to pursue
[2996]outside employment, with or without compensation, during your
[2997]service with the government? If so, explain.
[2999]Yes, in light of 1 above.
[3001]Do you have any plans, commitments or agreements after
[3002]completing government service to resume employment,
[3003]affiliation or practice with your previous employer, business
[3004]firm, association or organization?
[3006]Yes, in light of 1 above.
[3008]Has anybody made a commitment to employ your services in any
[3009]capacity after you leave government service? -
[3011]No, although I respond in light of 2 above.
[3013]If. confirmed, do you expect to serve out your full term or
[3014]until the next Presidential election, whichever is applicable?
[3016]Yes.
[3017]C. Potential Conflicts of Interest
[3018]Describe all financial arrangements, deferred compensation
[3020]agreements, and other continuing dealings with business .
[3021]associates, clients or customers.
[3023]16
[3026]13-00000
[3028]8 a .
[3029]I will continue to draw my salary as Dean of the Henry Kendall
[3030]College of Arts and Sciences at The University of Tulsa.
[3032]Indicate any investments, obligations, liabilities, or other
[3033]relationships which could involve potential conflicts of
[3034]interest in the position to which you have been nominated.
[3036]I know of no investments, obligations, liabilities, or other
[3037]relationships which would involve a conflict of interest,’ real
[3038]or potential.
[3040]Describe any business relationship, dealing or financial ;
[3041]transaction which you have had during the last 10 years,
[3042]whether for yourself, on behalf of a client, or acting as an
[3043]agent, that could in any way constitute or result in a
[3044]possible conflict of interest in the position to. which you
[3045]have been nominated. pa
[3047]I know of no business or other relationships, dealings, or
[3048]financial transactions occurring in the last 10 years that
[3049]pose any conflict of interest.
[3051]Describe any activity during the past 10 years in which you
[3052]have engaged for the purpose of directly or indirectly
[3053]influencing the passage, defeat or modification of any
[3054]legislation or affecting the administration and execution of
[3055]law or public policy.
[3057]I have no engaged in any activity during the past. 10 years
[3058]that has involved directly or indirectly influencing the
[3059]passage, defeat or modification of any legislation.
[3061]Explain how you will resolve any potential conflict of
[3062]interest, including. any that may be disclosed by your
[3063]responses to the above items. (Please provide copies of any
[3064]trust or other agreements.)
[3066]In light of the above, no response is required.
[3068]Do you agree to have written opinions provided to the
[3069]Committee by the designated agency ethics officer of the
[3070]agency to which you are nominated and by the Office of
[3071]Government Ethics concerning potential conflicts of interest
[3072]or any legal impediments to your serving in this position?
[3074]Yes, I agree to have written opinions provided by the ethics
[3075]officer of the appropriate agency and/or by the Office of
[3076]Government Ethics.
[3079]13-00000
[3081].
[3083]D. Legal Matters
[3085]Have you ever been disciplined or cited for a breach of ethics
[3086]for unprofessional conduct by, or been the subject of a
[3088]‘complaint to any court, administrative agency, professional
[3090]association, disciplinary committee, or other professional
[3091]group? If 60, provide details.
[3093]No.
[3094]Have you ever been investigated, arrested, charged or held by
[3096]any Federal, State, or other law enforcement authority for .-
[3097]violation of any Federal, State, county or municipal law,
[3099]regulation or ordinance, other than a minor traffic offense?
[3101]If so, please provide details. .
[3103]No. , ia es -
[3104]. , a , 2 Q .
[3106]Have you or any business of which you are or were an officer
[3108]ever been involved as a party in interest in any
[3110]administrative agency proceeding or civil litigation? if so,
[3112]provide details.
[3114]No.
[3116]Have you ever been convicted (including please of guilty or
[3117]nolo contendere) of any criminal violation other than a minor
[3118]traffic offense?
[3120]No.
[3122]Please advise the Committee of any additional information,
[3123]favorable or unfavorable, which you feel should be considered
[3124]in connection with your nomination.
[3126]None.
[3128]E. FINANCIAL DATA
[3130](Retained in Committee Files.)
[3133]13-00000
[3135]* Affidavit.
[3137]Kermit L. Hall, being duly sworn, hereby states that he has read
[3138]and signed the foregoing Statement on Biographical and Financial
[3139]Information and that the information provided therein is, ‘to. the
[3140]best of his knowledge, current, accurate, and complete.
[3142](signed)
[3144]Subscribed, and sworn before me this ae day of Now emy pAr
[3146]1993 . '
[3148]24
[3151]13-00000
[3153]PRE-HEARING ANSWERS FROM
[3154]KERMIT L. HALL
[3156]TO BE A MEMBER OF THE ;
[3157]ASSASSINATION RECORDS REVIEW BOARD a
[3159]fe) ON OCESS AND CON
[3161]Were any conditions, expressed or implied, attached to your
[3162]nomination to be a member of the Assassination Records Review
[3163]Board (ARRB)? —
[3165]No.
[3167]Have you made any commitments with respect to policies or
[3168]programs affected by your role as a member of the A! 2, If
[3169]so, what are they? * ~ 3
[3171]No.
[3173]Are there any issues involving the ARRB from which you may
[3174]have to disqualify yourself? If so, please explain.
[3176]No.
[3178]Have you been a party to any legal actions or administrative
[3179]proceedings pertaining to access to, or disclosure of, federal
[3180]records on the subject of the assassination of President
[3181]Kennedy?
[3183]No.
[3185]IL. ROLE AND RESPONSIBILITIES
[3187]What particular qualifications and experiences do you bring to
[3188]the role of being a member of the ARRB?
[3190]I ama practicing historian of 21 years experience with a
[3191]thorough knowledge of American history and of archival and
[3192]recording management techniques. I have previously served on
[3193]committees and task forces charged with improving the
[3194]retention of both electronic and paper records. My service as
[3195]a scholar demonstrates, I believe, an even-handed approach to
[3196]major issues, a willingness to weight evidence impartially and
[3198]‘fairly, and to pursue truth with fidelity to the evidence.
[3200]Moreover, I have successfully brought to press books and
[3201]articles that have withstood the scrutiny of my peers. I have
[3202]worked extensively in archival, manuscript, and other
[3203]governmental materials, both of the nineteenth and the
[3204]twentieth centuries. These qualities of professionalism,
[3205]character, energy, and experience are essential to the
[3207]1
[3210]13-00000
[3212]a)
[3215]effective fulfillment of the duties of a member of the ARRB as
[3216]required under the statute. ;
[3218]What do you consider to be your primary responsibilities and
[3219]priorities as an ARRB member?
[3221]As a member of the Board, I will be asked to consider whether
[3222]a record constitutes an assassination record and whether an
[3223]assassination record or particular information in a record
[3224]qualifies for postponement or disclosure under the statute. In
[3225]fulfilling these responsibilities I will be required to adhere -
[3226]faithfully to the letter and spirit of the enabling
[3227]legislation, which carries a presumption of the immediate
[3228]disclosure of all records relating to the assassination. of
[3229]President John F. Kennedy. My responsibility is to serve the
[3230]public .interest in meeting this. presumption with the
[3231]understanding that some materials may pose important issues of
[3232]national security, identify a living person who provided
[3233]confidential information and would pose a risk of harm to that
[3235]person, invade privacy to a degree that outweighs the public
[3237]interest, and/or compromise a security or protective procedure
[3238]currently employed. In these cases a decision to postpone the
[3239]release of a document may be warranted. The burden in these
[3240]instances is clearly on the agency or other entity holding the
[3241]record to demonstrate that the presumption of release should
[3242]be set aside.. In every instance the question must be answered
[3243]whether the release of a document would be so harmful as to
[3244]outweigh the public interest in releasing it under the terms
[3245]of the statute.
[3247]How do you envision your relationship and responsibilities --
[3248]as an ARRB member -- to (a) the President, (b) the Congress,
[3249]and (c) other executive branch agencies?
[3251]As a member of the ARRB, I recognize that my official conduct
[3252]falls under the oversight of the Committee on Governmental
[3253]Operations of the House of Representatives and the Committee
[3254]on Governmental Affairs of the Senate. Board members have a
[3255]duty to cooperate with the exercise of such oversight
[3256]jurisdiction. At the same time, the ARRB has authority to
[3257]direct Government offices to provide documents and related
[3258]finding aids for assassination records and, if necessary, to
[3259]investigate the facts surrounding additional information,
[3260]records, or testimony from individuals which may reasonably be
[3261]required for me to perform my duties under the statute. The
[3262]statute creating the ARRB provides that after it has made a
[3263]finding with regard to documents obtained or developed solely
[3264]within the executive branch, the President has the sole and
[3265]nondelegable authority to require the disclosure or
[3266]postponement of such record or information under. the
[3267]appropriate provisions of the statute. Throughout, the statue
[3268]clearly provides that the ARRB engaged in a mutually
[3270]2
[3273]13-00000
[3275]we?
[3277]constructive dialogue with the executive branch and the
[3278]Congress about the. character and disclosure of documents.
[3280]How do you view the job of ARRB Executive Director? What role
[3281]do you anticipate playing in the selection of ARRB Executive
[3282]Director and staff? s
[3284]Members of the ARRB are charged with appointing an Executive
[3285]Director, whose. responsibilities include serving as a
[3286]principal liaison to Government offices; administering and
[3287]coordinating the Board’s review of records; and administering
[3288]the official activities of the Board. The Executive Director
[3289]will have no authority to decide or determine whether any
[3290]record should be disclosed to the public or postponed “for
[3291]disclosure. That @uty resides with the Board alone. ‘The
[3292]selection of staff members will be done in keeping with the
[3293]statutory requirements. Staff members will have no authority
[3294]to determine whether a record should be disclosed’ or
[3295]postponed.
[3297]POLIC ss
[3299]Have you made any public statements -- oral or written --
[3300]regarding the assassination of President Kennedy or the public
[3301]availability of government -records _ regarding this
[3302]assassination? Please explain, and provide copies of any
[3303]relevant material.
[3305]I have made no public statements.
[3307]a) Can you describe what prior experience you have had, if
[3308]any, with using or examining security classified records
[3309]of the Federal Government?
[3311]From 1968 to 1969 I served as an officer in the United
[3312]States Army, a position that required me to handled many
[3313]Classified documents and other materials. These documents
[3314]ranged from war plans, to encrypted messages, to
[3315]memoranda and working papers on various intelligence
[3316]matters.
[3318]b) What do you think of our current security classification
[3319]system?. For example, would you say it operates well, has
[3320]integrity, and serves the public interest?
[3322]Although I have not worked with classified documents for
[3323]some time, my general sense is that the present system
[3324]probably: leans too heavily toward classification and
[3325]over-classification of materials that really do not
[3326]deserve protection. My own experience in years past
[3327]suggests a tendency to make secret that which is-
[3328]confidential and confidential that which is really not
[3330]3
[3333]13-00000
[3335]AE 5
[3336]sensitive. Such a practice is perhaps understandable, -
[3337]given the vicissitudes of national security, but openness
[3338]and the general availability of information about the
[3339]conduct of government is to be cherished in a democracy.
[3341]One of the duties of the ARRB will be to determine what
[3342]constitutes an "assassination record“. What criteria do you
[3343]think should be used to make this decision?
[3345]The statute creating ‘the ARRB defines an assassination record
[3346]as a record that is related to the assassination of President
[3347]John F. Kennedy, that was created or made available for use
[3348]by, obtained by, or otherwise came into the possession of the
[3349]Warren Commission, the Rockefeller Commission, the Church
[3351]“Commission, the Pike Commission, the House Assassination
[3353]Committee, the Library of Congress, the National Archives,
[3354]Presidential libraries, any Executive agency, any indépendent
[3355]agency, any other office of the Federal Government, and. ‘any
[3356]State or local law enforcement office that provided support or.
[3357]assistance or performed work in connection with a Federal
[3358]inquiry into the assassination of President John F. Kennedy.
[3359]I understand that autopsy records donated by the Kennedy
[3360]family to the National Archives pursuant to a deed of gift
[3361]regulating access to those records,. or copies and
[3362]reproductions made from such records, are not included.
[3364]IV. RELATIONS WITH CONGRESS
[3365]Do you agree without reservation to respond to any reasonable
[3367]summons to appear and testify before any duly constituted
[3368]committee of the Congress, if confirmed?
[3370]. Yes.
[3372]Do you agree without reservation to reply to any reasonable
[3373]request fox, information from any duly constituted committee of
[3374]the Congress, or its duly.authorized agent, if confirmed?
[3376]Yes.
[3378]ons Le Sobel \S Nw. 1943
[3380]Kermit L. Hall Date
[3383]13-00000
[3385]United States Senate a
[3387]Committee on Governmental Affairs
[3389]Biographical and Financial Information requested of Nominees
[3390]A. Biographical Information a >
[3391]1. Name: William L. Joyce
[3393]2. Position to which nominated: Member of the Assassination Records
[3394]Review Board
[3396]3. Date of nomination: Friday, October 22, 1993
[3398]4. Address: = 99 McCosh Circle
[3399]Princeton, N. J. 08540-5626
[3400]Princeton University Library
[3402]1 Washington Rd.
[3403]Princeton, N. J. 08544-2098
[3405]5. Date and place of birth: Rockville Centre, N.Y. on March 29, 1942
[3407]6. Marital status: Married on August 13, 1967 to Carol Bertani Joyce
[3409]7. Names and ages of children: Susan, age 25, and Michael, age 21
[3412]13-00000
[3414]9.
[3418]Education: Freeport (N. Y.) Junior- Senior High School
[3419]September, 1954- June, 1960
[3420]N. Y. S. Regents High School Giploma
[3422]Providence (R. I.) College
[3423]September, 1960- June, 1964
[3424]B. A. degree
[3426]St. John’s University (N. Y.) se
[3427]September, 1964- June, 1966
[3428]M. A. degree
[3430]The University of Mictigan¢ at Ann Arbor
[3431]September, 1966- August, 1974.
[3432]Ph. D. degree in American history
[3434]Employment Record: .
[3436]William L. Clements Library
[3437]The University of Michigan _
[3438]Manuscripts Librarian: March, 1968- September, 1972
[3440]American Antiquarian Society
[3442]Worcester, Massachusetts
[3444]Curator of Manuscripts: October, 1972- July, 1981
[3445]Education Officer: _ duly. 1977- July, 1981
[3447]The New York Public Library
[3449]New York, N. Y.
[3451]Assistant Director for Rare Books and Manuscripts:
[3452]August, 1981- December, 1985
[3454]_ Princeton University Library
[3456]Princeton, N. J.
[3458]Associate Librn. for Rare Books and Special Collections:
[3459]January, 1986-. present
[3461]ep
[3463]13-00000
[3465]10. Military Service: None
[3467]11. Government experience:
[3469]City of Worcester, Mass., Stubbs Drawings Fund Advisory Committee,. 1979"
[3470]80
[3472]Massachusetts L.S.C.A. Advisory Board, 1975-77
[3474]New York State Historical Records Adv. Board, 1984- 86
[3476]New Jersey State Historical Records Adv. Board, 1987- a
[3478]Panelist, National Endowment for the Humanities, 1975, 1980, 1988, and
[3479]1990. .
[3481]‘Project consultant, “Assessment and Reporting Project,” National Historical iy
[3482]Publications and Records Commission, 1983- 84 ,
[3484]12. Previous appointments: | have not previously been nominated for any
[3485]position requiring Senate confirmation.
[3487]13. Business relationships:
[3488]Trustee, Conservation Center for Art and Historic Artifacts, 1992- ‘present
[3490]Consultant to:
[3491]Essex Institute, Salem, Mass., 1980-81
[3492]New Bedford Whaling Museum, 1980- 83
[3493]Dukes County (Mass.) Historical Society, 1979
[3494]The University of Wyoming, 1980
[3495]The New-York Historical Society, 1984- 85, 1987- 88, and 1990.
[3497]14. Memberships:
[3499]Society of American Archivists
[3500]Committee on Professional Standards, 1987-1 992 (Chairman, 1988-1 989)
[3501]Vice-President then President, 1985-1987
[3502]Council, 1981-1985
[3503]Co-chairman, 1981 Program Committee, Annual Meeting Berkeley, CA
[3504]Fellow, 1981
[3505]Member, Committee on Archival Information Exchange, 1982-1984
[3508]13-00000
[3512]. Chairman, Task Force on Institutional Evaluation, 1977-1982, (see
[3513]Publications)
[3515]Member, Committee on Education and Professional Development, 1976-
[3516]1985 .
[3518]- Princeton Library in New York
[3519]Trustee, 1993-
[3521]Rare Books and Manuscripts Section, Association of College and Research ~
[3522]Libraries (ALA). ;
[3523]Vice-chairman then Chairman, 1987-1 989 — oe
[3524]Planning Committee, 1991-1993 oe . Oo
[3525]Continuing Education Committee, 1984-1 986
[3526]Publications Committee, 1985-1989
[3528]Bibliographical Society of America
[3529]' Chairman, Fellowship Committee, 1981-1985 -
[3531]Advisory Committee Chairman, Publishing History . Sources Project, 1984-
[3532]1990
[3534]Research Libraries Committee, co-sponsored by the American Council of
[3535]Leamed Societies, The Association of American Universities, and the Council on
[3536]Library Resources, 1987-1990
[3538]The Grolier Club of New York City, 1983-
[3539]Council, 1990- 93
[3541]Research Libraries Group
[3542]Advisory Task Force on Functional Requirements for the AMC Format,
[3543]1980-1981
[3544]Committee on Archives and Special Collections, 1985-1 991
[3546]American Historical Association
[3547]Member (elected), Professional Division Committee, . 1979-1981
[3549]Memberships only:
[3550]American Antiquarian Society
[3551]American Library Association
[3552]American Printing History Association
[3553]Colonial Society of Massachusetts
[3554]Mid- Atlantic Region Archives Conference
[3555]New-York Historical Society
[3556]Friends of the New York Public Library
[3559]13-00000
[3563]Princeton Club of New York
[3564]William L. Clements Library Associates, The University of Michigan YY
[3566]15. Political affiliations and activities:
[3568]a) have never held Office in a political party or been a candidate for public
[3569]Office.
[3571]b) have not been a member of or held Office In a political party orelection = -
[3572]committee.
[3574]c) Though | have made contributions to candidates for public office, | have
[3575]never contributed as much as $50 to any candidate. . pos
[3577]16. Honors and awards:
[3579]_ Graduate assistantship, St. John's University, 1966.
[3580]Dissertation research grant, The University of Michigan, 1970
[3581]Fellow, Society of American Archivists, 1981
[3583]17. Published writings:
[3585]"The Scholarly implications of Documentary Forgeries," in Eorged
[3586]Documents: Proceedings of the 1989 Houston Conference, Pat Bozeman, ed.
[3587]New Castle, Del.: Oak Knoll Books, 1990.
[3589]; *Foxes Guarding the Hen House: Archivists in Special Collections," , ;
[3590]Provenance: Journal of the Society of Georgia Archivists, v.-7 (1989), 53-60. :
[3592]“Archival Education: Two Fables," American Archivist, v..51 (1988), 16-22. |
[3594]“The Evolution of the Concept of Special Collections in American
[3595]Research Libraries,” Rare Books and Manuscripts Librarianship, v.3 (1988), 19-30. |
[3597]*An Uneasy Balance: Voluntarism and Professionalism’ , AMerican
[3598]Archivist, v.50 (1987), 7-12.
[3600]*Rare Books, Manuscripts, and Other Special Collections Materials:
[3601]integration or Separation?* College and Research Libraries, v. 45 (1984), 442-45.
[3602]“Archivists and Research Use," American Archivist, v.. 47 (1984), 124-33.
[3603]“Historical Records Repositories,” in Documenting America:
[3604]Assessing the Condition of Historical Records in the States, Lisa
[3605]B. Weber, ed. (Washington, D. C.: National Historical Publications and Records
[3606]Commission, 1984).
[3609]13-00000
[3613]with David D. Hall, Richard D. Brown and John B. Hench, eds.
[3614], (Worcester, Mass.: American Antiquarian Society, 1983)
[3615]-with Mary Jo Pugh, Evaluation of Archival Institutions: Services,
[3616]Principles, Guide to Self-Study (Chicago: Society of American Archivists, 1982): -
[3617]“Antiquarians and Archaeologists The American Antiquarian Society, -
[3618]: : ariar aty, v. 89 (1978), 123-52..."
[3619]American
[3621]"introduction," in !
[3622]Antiquarian Society, 4 vols. (Boston: G. K. Hall and Co.,.1979).
[3623]with Michael G. Hall, “The Halt Way Covenant of 1661: Some-New
[3627]ciety v. 87 (197), 97-110.
[3628](New York: Amo Press, 1976). ee ~ 3
[3630]18. Speeches: 1 do not believe that | have made any speeches on topics directly
[3631]relevant to the position for which | have been nominated.
[3633]19. Congressional testimony: On March 10, 1987 | testified briefly as President _
[3634]of the Society of American Archivists before the House Committee on Appropriations,
[3635]Subcommittee on the Interior, in support.of the annual appropriation for the National
[3636]Endowment for the Humanities.
[3638]. 20. Selection:
[3640]a) | was selected by the President from among three nominees supplied by the -
[3641]President of the Society of American Archivists, in accordance with the procedure
[3642]outlined in Assassination Materials Disclosure Act of 1992 (P.L. 102-526).
[3644]b) My education as a historian and my background and experience as a
[3645]professionally active archivist, curator, research library administrator, and archival
[3646]educator qualifies me for the position for which | have been nominated. -
[3648]B. re Employment Relationships.
[3650]1. Because the position for which | have been nominated is a temporary
[3651]responsibility as a member of a Federal board, |! have not resigned my permanent,
[3652]full-time position at Princeton University:
[3655]13-00000
[3657]-7- -
[3659]2. [have not resigned my permanent position at Princeton University, as | have
[3660]stated above, and expect to meet my responsibilities at Princeton while also serving
[3661]the government. | also have a temporary teaching assignment for a twelve week
[3662]period, from January 10 through March 25, 1994, at the University of California, Los
[3663]Angeles, though I have arranged my schedule in order to be able to attend meetings
[3664]of the Assassination Records Review Board. | have aiso arranged a leave from
[3666]‘Princeton for this period.
[3668]3. My only commitment during my service with the government is to continue in
[3669]my permanent position working for Princeton University, as stated above.
[3671]4. The only commitment that | have after my government service is concitided. is.
[3672]to continue my work in the Princeton University Library. | have received no other:
[3673]Offers for commitment of my services after this assignment is concluded.
[3675]5. If confirmed, | will continue my service on the Assassination Records Review
[3676]Board for as long as necessary.
[3678]C. Potential Conflicts of Interest
[3680]1. The only financial arrangements that 1 have maintained are those related to the
[3681]exercise of my duties in the Princeton University Library and as a temporary
[3682]instructor in the Graduate School of Library and Information Science at UCLA this
[3683]coming Winter quarter.
[3685]2. 1 do not believe that | have any investments, obligations, liabilities, or other
[3686]relationships which could involve potential conflicts of interest in the position for
[3687]which I have been nominated.
[3689]3. [donot believe that | have had any business relationship, dealing, or financial
[3690]transaction over the last ten years that could constitute or result in a possible conflict
[3691]of interest in the position for which | have been nominated.
[3693]4. In the past ten years, the only activity in which | have engaged to influence the
[3694]passage, defeat or modification of any legislation or affecting the administration and
[3695]execution of law or public policy, has been to write occasional letters on behalf of
[3696]legislation affecting my chosen professions of research librarianship and archives.
[3699]13-00000
[3701]8. -
[3703]‘5. Should there be any possible conflicts of interest in connection with my service
[3705]as a member of the Assassination Records Review Board, | would receive a
[3706]information from all affected parties, and take appropriate steps to eliminate the
[3707]conflict.
[3709]6. | agree without reservation to having written opinions provided to the
[3710]Committee by the designated agency ethics officer of the agency for which | have
[3711]been nominated, as well as by the Office of Government Ethics concerning potential
[3712]conflicts of interest or any legal impediments to my serving in the position for which |
[3713]have been nominated.
[3715]oe
[3716]D. Legal Matters
[3718]1. | have never been disciplined or cited for a breach of ethics for unprofessional
[3719]conduct by, or been the subject of a complaint to any court, administrative agency,
[3720]professional association, disciplinary committee, or other professional group.
[3722]2. | have never.been investigated, arrested, charged or held by any Federal,
[3724]State, or other law enforcement authority for violation of any Federal, State, county or
[3725]municipal law, regulation, or ordinance.
[3727]3. | have not been involved as a party in interest in any administrative agency
[3728]proceeding or civil litigation, nor has any business of which | am. or was an officer.
[3730]4. | have never been convicted (or offered pleas of guilty or nolo contendere) of _
[3731]any criminal violation other than minor traffic offenses. : an
[3733]5. 1am not aware of any other information, favorable or unfavorable, which | think
[3734]should be considered in connection with my nomination.
[3736]E. FINANCIAL DATA
[3738](Retained in Committee Files.)
[3741]13-00000
[3743]ANSWERS TO PRE-HEARING QUESTIONS
[3744]BY WILLIAM L. JOYCE | a
[3745]NOMINATED TO BE A MEMBER OF THE
[3746]ASSASSINATION RECORDS REVIEW BOARD
[3748]1. There have been no conditions, expressed or implied, attached to my
[3749]nomination to be a member of the Assassination Records Review Board (ARRB).
[3751]2. | have made no commitments with respect to policies or programs:
[3752]_ affected by my role as a member of the ARRB.
[3754]8. ‘| am not aware of any issues involving the ARRB from which | would
[3755]have to disqualify myself.
[3757]4. | have not been a party to any legal actions or administrative proceedings
[3758]pertaining to access to, or disclosure of, federal records on the subject of the
[3759]assassination of President Kennedy. —
[3761]1. ROLE AND RES (TIES
[3763]1. The particular qualifications and experience that | bring to the role of
[3764]being a member of the ARRB are the training and experience I have acquired as
[3765]a historian, in addition to my work-related experience as an archivist and.
[3766]research library administrator.
[3768]2. My primary responsibilities and priorities as an ARRB member are to
[3769]establish, in concert with other. Board members, clear policies and sound
[3770]procedures that can guide the work of the staff that the Board is to hire. Once
[3771]policies and procedures are set and staff is in place, itis the Board's clear
[3772]responsibility to oversee the training of staff in effective procedures for reviewing
[3774]classified records, to advise staff in problem areas, and to oversee their work
[3775]generally. -
[3778]13-00000
[3782]As an ARRB member, I envision my relationship and responsbbilities to:
[3784]a) the President to be one of faithfully executing to the best of my
[3785]ability the provisions contained in the President John F. Kennedy
[3786]Assassination Records Collection Act of 1992 ; .
[3788]b) the Congress to be one of fulfilling the purposes of the same =~
[3789]legislation to the best of my ability, and to responding fully to’
[3790]requests for information from appropriate oversight groups
[3791]conceming our progress;
[3793]c) other executive branch agencies to be one of cooperating to the
[3794]utmost of my ability to facilitate the review of any of their -
[3796]assassination records and to provide them with full information re '
[3797]conceming our activities. Joy
[3799]4. | view the job of ARRB Executive Director to be one of organizing staff
[3801]for the most efficient and effective implementation of the policies and procedures —
[3802]adopted by the Board. Apart from setting policies and procedures, there is no
[3803]more important task for the. Board than hiring the best-qualified Executive
[3805]Director and overseeing the Executive Director’s hiring of staff.
[3807]il, POLICY ISSUES
[3809]1. { have not made any. public statements-- oral or written-- regarding the
[3811]assassination of President Kennedy or the public availability of government
[3812]fecords regarding this assassination.
[3814]2. As an ARRB member, | will be examining security classified records with
[3815]a view to at least partial public disclosure:
[3817]a) | have had pnor experience with security classified records first in
[3818]working with the Papers of Senator Arthur Vandenberg at the William L.
[3819]Clements Library at The University of Michigan, where we had to initiate a
[3820]declassification review of parts of those papers, and, second, in my current duties
[3821]at Princeton University where we have had to initiate contact with the State
[3822]Department conceming the declassification review of hundreds of reels of
[3823]microfilm of the most important state documents as selected by John Foster
[3824]Dulles himself.
[3826]b) The current security classification system certainly has integrity. |
[3827]would hope that, in the interest of a fully informed citizenry and accountable
[3828]public officials, that somewhat more emphasis might be given to disclosure of
[3829]records after the passage of a specified period of time, allowing for agency
[3831]VI-VE-ES L2:1EFM FANS wee
[3833]13-00000
[3835]3
[3837]“initiative to classify records beyond that time when they fall into specific
[3838]= eategories that, in order to protect the national interest or privacy interests, must
[3839]continue to be restricted.
[3841]3. _ The ertiteria to be used to determine what constitutes an assassination -
[3842]fecord will likely consist of several elements: the proximity of the record either to
[3843]the time of the assassination or to the related activity of an assassination
[3844]’ principal, and/or the content of the record manifestly relating it to the ’
[3845]assassination, or an association of the record to the related activity of someone
[3846]known to have been involved in events plausibly connected to the assassination. . —.
[3848]\V._ RELATIONS WITH. CONGRESS
[3850]1. If confirmed, | agree without reservation to respond to any reasonable
[3851]summons to appear and testify before any duly constituted committee of the
[3852]Congress. _
[3854]2. If confirmed, | agree without reservation to reply to any reasonable request for
[3856]information from any duly constituted committee of Congress, or its duly
[3857]auithorized agent.
[3859]PRASRCRVBD/Pre-hearing questions.wn
[3861]71726-93 12:38PM PO0S #21
[3862]a
[3864]13-00000
[3866]A. BIOGRAPHICAL INFORMATION
[3868]NN
[3870]1. Name:
[3871]Anna Kasten Nelson
[3872](former name used: Anna Louise Kasten)
[3874]2. Position to which nominated: ©
[3875]John F. Kennedy Assassinations Records Review Board
[3877]- 3. Date of nomination:
[3879]October 25, 1993
[3880]° te pe a
[3881]4. Address: . 33
[3882]Residence: 3121 Quebec P1.N. W., Washington, D. G. 20008
[3883]Office: Department of History, The American. University —
[3884]Washington, D.C. 20016
[3886]5. Date and place of birth:
[3887]Fort Smith, Arkansas, 12/1/32
[3889]6. Marital: status:
[3890]Married, Paul Nelson
[3892]_ 7. Names and ages of children:
[3894]Eric M., 34.
[3895]Michael S., 31
[3897]8. Education: List secondary and higher. education institutions, --
[3899]dates attended, degree received and date degree granted.
[3900]Ft. Smith (AR) High School, 1950
[3901]Ft. Smith Junior College (now Westark), 1950-1952, A.A.
[3902]University of Oklahoma, 1952-1954, B.A.
[3903]University of Oklahoma, 1954-1956, M.A.
[3904]Ohio State University, 1961-1964, Bh.D.. candidate
[3905]George Washington: University, 1965-1972, Ph. D.
[3907]wo
[3909]Employment ‘record: List all jobs held since college,: including
[3910]the title or description of job, name of employer, location of
[3911]work, and dates of employment.
[3913](See attachment A)
[3915]10. Military Service: List any military service, including dates,
[3916]rank, and type of discharge.
[3917]None
[3920]13-00000
[3922]11.
[3924]12.
[3926]13.
[3928]. 14.
[3930]$y
[3931]Page 2
[3933]Government experience: List any advisory, consultative,
[3934]honorary or other part-time service or positions with Fedefal,
[3935]State,.or local governments, other than those list above.
[3936]a. Department of State Advisory Committee on Historical
[3937]Diplomatic Documentation (Representing the Organization
[3938]of American Historians)
[3940]-b. Reviewer and/or Panel ‘Participant, National Endowment”
[3942]‘of the Humanities
[3943]Previous Appointments: Prior to this appointment, have you ever
[3945]been nominated for a position requiring. confirmation by ‘the
[3947]Senate?
[3949]No .
[3951]Business relationships: List all positions held as an offider,
[3953]director, trustee, partner, proprietor, agent, representative,
[3955]or consultant of any corporation, company, firm, partnership,
[3957]or other business’ enterprise, educational - or other
[3958]institution.
[3960]None Cot
[3962]Memberships: List all memberships and offices “hela in
[3963]professional, business, fraternal, scholarly, civic, : public,
[3964]charitable and other organizations. ,
[3965]American Historical Association.
[3966]Jt. Committee of Historians & Archivists, 1988-1991
[3967]Member (elected), Research Division, 1986-1988
[3968]Congressional Fellowship Committee, 1984
[3969]Organization of American Historians ,
[3970]Committee on Access, 1982-1988(Chair, 1984- 1986)"
[3971]Jt. Committee of Historians & Archivists, 1982-1984
[3972](Chair, 1983)
[3973]Frederick Jackson Turner. Prize Committee, 1980
[3974]Society for Historians of American Foreign Relations
[3975]Editorial Board, Diplomatic History, 1991-1993
[3976]Committee on Documentation, 1989~1991 (Chair)
[3977]Government Relations Committee, 1985
[3978]National Council of Public History
[3979]Editorial Board, The Public Historian, 1991-1993
[3980]Publications Committee, 1985-1989 (Chair)
[3981]Executive Committee, 1984-1986
[3982]Society for History in the Federal Government .
[3983]. Executive Committee, 1980, and 1993-1994.
[3985]15. Political affiliations: ‘and activities:
[3987](a) List all offices with a political party which you have
[3988]held or any public office for which you have been a candidate.
[3989], None ;
[3991]a>
[3993]13-00000
[3995]Page 3
[3997](b) List all memberships and offices held in and services
[3998]rendered to all political parties or election committees
[3999]during the Last 10 years.
[4001]Non
[4002](c) Itemize "all political contributions to any individual,
[4003]campaign organization, political party, political. action.
[4004]committee, or similar entity of $50 or more for the past 5
[4005]years.
[4007]Records only available for last three years. ?
[4009]_ 1991 - Emily’s List .....$200
[4010]1992 - Emily’s List .....$700 mo
[4011]1993 ~ Emily’s List .....$100 Pe 8
[4012]. de
[4014]16. Honors and awards: List all scholarships, fellowships, honorary
[4015]degrees, honorary society memberships, military medals: and any
[4016]other special recognitions for outstanding service or achievements.
[4018]Society for History in the Federal Government, Franklin
[4019]D. Roosevelt Prize, 1988 (For the Advancement of
[4020]Historical Study of the Federal Government.
[4022]Harry S. Truman Library Institute, Research Grant, 1987
[4023]American Historical Association, Beveridge Grant, 1985
[4024]George Washington University, Graduate Fellowship, 1968
[4025]University of Oklahoma, Tuition Scholarship, 1953
[4027]17. Published writings: List the titles, publishers, and dates of
[4028]books, articles, reports or other published materials which you
[4029]have written. It would be helpful for the Committee to have three
[4030]copies of each published writing. Please denote any of those for
[4031]which you are unable to provide copies.
[4033]See. Attachment B , ineluding list of copies —
[4034]supplied.
[4036]18. Speeches: Provide the Committee with three copies of any formal
[4037]Speeches you have delivered during the last 5 years of which you
[4038]have copies and are on topics relevant to the position for which
[4039]you have been nominated.
[4041]The following is a list of speeches. Some have been
[4042]reprinted (see publications). Others do not seem relevant to this
[4043]position but can be made avaible to the Committee if so desired.
[4045]“Foreign Policy of. Woodrow Wilson," Smithsonian
[4046]Associates, October 1993 (notes only).
[4047]' “Rethinking NSC 68," Seminar on the Cold War, Institute .
[4048]of Policy Studies, October 1991. :
[4049]"George Aiken: Senator from Vermont," Aiken Lecture
[4050]Series Conference, October 1991 :
[4053]13-00000
[4056]1
[4057]“ Eisenhower and the National Security Process," Lecture,
[4058]Eisenhower Center, University of New Orleans, October, 1990.
[4059]" The Evolution of the American Foreign Policy Process
[4060]. from. Roosevelt to Reagan," Lecture, Foreign Relations
[4061]Association of New Orleans, April 1990. (notes only)
[4062]. "Kennedy’s National Security Policy: A Reassessment."
[4063]American Historical Association, December 1989. -
[4064]"Researching Congress: The Paradox of Sources," OA
[4066]Bicentennial Research Conference on the Congress, 1989. . va
[4068]ale
[4070]"Before the National Security Adviser: Did the NSC
[4071]Matter?" Soc. for Historians of American: Foreign Relations,
[4072]June 1988.
[4073]“Themes in American Diplomacy, “ ‘Foreign Service
[4074]‘Institute, May 1988. (notes only)
[4075]19. Congressional Testimony: Have you ever testified petore a
[4076]Committee of the Congress? If so, please provide details, including
[4077]date(s).
[4078]a. Senate Judiciary Subcommittee on the Constitution,
[4079]November 12, 1981, in support of Freedom of Information
[4081]Act, (FOIA). Representing the Organization of American
[4082]Historians (OAH).
[4084]b. House Subcommittee on Government Information and
[4086]‘Individual Rights, March 10, 1982, in opposition to the
[4087]draft Executive Order on National Security Information.
[4088]Representing the American Historical Association (AHA) ,
[4089]OAH, and Society of Historians of American- Foreign
[4090]Relations ._(SHAFR).
[4092]c. Senate Select Committee on” Intelligence, June 28,
[4093]1983, on S. 1324, in opposition to the CIA modificatiorr
[4095]_ Of FOIA. Representing OAH and AHA. .. aoe
[4097]dad. Senate Committee on. Governmental Affairs, September 9,
[4098]1986, in opposition to unqualified nominee for Archivist
[4099]of U. S. Representing the Society. for History in the
[4100]Federal Government.
[4101]e. House Subcommittee on Rules of. the House, September
[4102]17, #1986, in support of H.Res. 114 (preservation and
[4103]access to House records), Representing the. National
[4104]Coordinating Committee for the Promotion of History.
[4106]20. Selection:
[4108](a) Do you know why you were chosen for this nomination by the
[4109]President?
[4110]Name included on list of names provided by the American
[4111]Historical Association.
[4112](b) What do you believe in your background or employment
[4113]experience affirmatively qualifies . you for this particular
[4115]appointment.
[4117]a A I RET
[4119]13-00000
[4121]Page 4
[4123]First, since 1976, when I became a staff member of the
[4124]Public Documents Commission, I have been engaged in studies.:of
[4125]public records’ and’ have become knowledgeable about government
[4126]recordkeeping and archival practices. I also have been a consistent
[4127]supporter of the preservation of records and timely access for
[4128]historical research. Between 1980 and 1988, I participated as a
[4129]speaker on 15-16 programs having to do with public records,..
[4130]archives or government information policy.
[4132]Second, as an active researcher in foreign policy records
[4133]as well as congressional records during the initial stages of the
[4134]Cold War era, I also have an understanding of the nature of
[4135]research and the kind of documentation required for such ‘research.
[4137]Third, as a member of an advisory committee: on
[4139]‘documentation in the State Department (which required a securjt ¥
[4140]a
[4142]Clearance), I have an appreciation of the kinds of “documents: th:
[4143]government agencies find too sensitive to release. ;
[4145]Finally, I believe that in my work on preservation and
[4146]access I have illustrated a personal integrity that has allowed me
[4147]to gain the trust of my professional colleagues.
[4149]B. FUTURE EMPLOYMENT RELATIONSHIPS
[4151]Not Applicable
[4153]C. POTENTIAL CONFLICTS OF INTEREST
[4155]1. Describe all financial arrangements, deferred compensation
[4156]agreements, and other continuing dealings with business associates,
[4157]clients or customers.
[4159]none :
[4160]2. Indicate any investments, obligations, liabilities, or other
[4161]relationships which could involve potential conflicts of interest
[4162]in the position to which you have’ been nominated.
[4164]none . ms
[4165]3. Describe any business relationship, dealing or financial
[4166]transaction which you have had during the last_10 years, whether
[4167]for yourself, on behalf of a client, or acting as an agent, that.
[4168]could in any way constitute or result ina possible conflict of
[4169]interest in the position to which you have been nominated.
[4171]none
[4172]4. Describe any activity during the past 10 years in which you have
[4173]engaged for the purpose of directly or indirectly influencing the
[4174]passage, defeat or modification of any legislation or affecting the
[4175]administration and execution of law or public ppolicy.
[4177]See item 19, testimony before Congress.
[4178]5. Explain how you will resolve any potential conflict of interest,
[4179]including any that may be disclosed by your responses to the above
[4180]items. (Please provide copies of any trust or other agreements.)
[4182]not applicable
[4185]13-00000
[4187]Gy 2
[4188]Page 5
[4190]6. Do you agree to have written opinions provided to the Committee
[4192]- by the designated agency ethics officer of the agency to which you
[4194]are nominated and by the Office of. Government Ethics concerning
[4196]patential conflicts of interest or any legal impediments to your
[4198]serving in this positionF? 4
[4199]Yes.
[4201]_D. LEGAL MATTERS
[4203]1. Have you ever been disciplined or cited for a breach of ethics
[4204]for unprofessional conduct by, or been the subject of a complaint
[4206]"to any court, administrative agency, professional association,
[4208]disciplinary committee, or ‘other professional group? “See
[4209]No a
[4210]2. Have you ever been investigated, arrested, charged or heid’ by
[4212]any Federal, State or other law enforcement authority for violation —
[4214].of any Federal, State, county or municipal law, regulation or
[4216]ordinance, other than a minor traffic office?
[4218]No
[4219]3. ‘Have you or any business ‘ef which you are or were an officer
[4220]ever been involved as a party in interest in any administrative
[4221]agency proceeding or civil litigation?
[4223]No.
[4224]4. Have you ever been convicted (including pleas of guilty or nolo
[4225]contendere) of any criminal violation other than a minor traffic
[4228]; No |
[4230]5. Please advise the Committee of any additional information,
[4231]favorable or unfavorable, which you feel should be considered in
[4232]connection with your nomination.
[4234]No additional information seems necessary.
[4236]13-00000
[4238]£. FINANCIAL DATA
[4240](Retained in Committee Files.)
[4244]at
[4246]a PU
[4249]13-00000
[4251]on
[4253]PROFESSIONAL EXPERIENCE
[4254]Academic
[4256]Adj. Professor in History
[4257]The American University, 1986-1988, 1992-
[4259]Distinguished. Visiting Professor in History
[4260]' Arizona State University, January-June, 1992
[4262]Assoc. Professor in History | *
[4263]The American University, 1991 .
[4265]Adj. Assoc... Professor in History
[4266]Tulane University, 1988 - 1990
[4268]v
[4270]i :
[4273]Director, Landmarks. Program in American History, |
[4274]The American University, 1987-1988.
[4275]Coordinated a biennial conference cosponsored by the .
[4276]Smithsonian’s National Museum of American History, “Women and
[4277]the Constitution: 200 ‘Years.
[4279]Adjunct Associate Professor in History
[4280]George Washington University, 1977 - 1985
[4282]Director, History and Public Policy Program,
[4284]; George Washington ‘University, 1980-82. .
[4286], Established a new M.A. program within the history department
[4287]to prepare historians for professional participation in. ,
[4288]public agencies and private organizations eoncerned with |
[4289]public policy. ~~
[4291]Visiting Assistant Professor in History,
[4292]George Washington University, 1975-1976.
[4293]One year ‘appointment in U.S. Diplomatic History.
[4295]Instructor, Assistant/Associate Professorial Lecturer in History,
[4296]George Washington University, 1970-1975
[4300]13-00000
[4302]b,
[4303]% a
[4305]PROFESSIONAL EXPERIENCE
[4306]Concurrent Non-Academic Positions
[4308]Consultant, Historical Division, Army Corps of Engineers,1985-89, _.
[4309]Prepared’ a book length manuscript on the history of the a
[4310]Office of the Assistant Secretary of the Army/Civil Works.
[4311]Book based upon research in federal records and manuscript —
[4312]collections as well as oral interviews.
[4314]Project Director, Committee on the Records of Government
[4315]. July 1983-April 1985.
[4316]Chief investigator, administrator, and author with Committee
[4317]Chairman Ernest R. May of the final report of a foundation
[4318]funded study sponsored by ACLS, SSRC, and CLR. Creation.of
[4319]the Committeee was prompted by a concern for the effect of; ..
[4323]technological changes (principally computers) on public ey
[4325]records and archives.
[4327]Historical Consultant, National Academy of Public Administration
[4328]panel, "The Role of the President in Managing the Federal
[4329]Government," 1979-80.
[4331]Organized and coordinated research in four presidential
[4332]libraries and the National Archives for a group of
[4333]political scientists preparing issue papers for. panel
[4334]meetings, and books and articles for publication. Prepared
[4335]chapter for publication on the President and the National
[4336]Security Council.
[4338]Consultant,. Congressional Research Service (National Government
[4339]Division), Library of Congress, July-August, 1979.
[4340]Organized and prepared a report on government historical
[4341]offices, federal records and the National Archives and
[4342]Records Service. This report was prepared at the request of
[4343]the Subcommittee on Government Information, Government
[4344]Operations Committee, U.S. House of Representatives.
[4346]Consultant, Congressional Research Service (Foreign Affairs and
[4347]National. Defense), Library of Congress, September 1978-
[4348]January, 1979.
[4350]Researched material in presidential libraries and private
[4351]manuscript collections for a report on the role of Congress
[4352]-in the Vietnam War. Also conducted oral interviews with
[4353]former members of Congress and former members of the
[4354]Executive.
[4356]Staff Consultant, Select Committee on Congressional Operations,
[4357]U.S. House of Representatives, July - September, 1978.
[4358]Organized, researched and prepared a draft report on the
[4359]records of the House of Representatives and the papers of
[4360]Members of Congress.
[4362]13-00000
[4364]6 .
[4365]we fb ,
[4366]i . +
[4368]Consultant, Bicentennial Council of the Thirteen Original States,
[4369]September 1977- February 1978. ©
[4370]Prepared history-related material for a commemorative
[4371]conference held in York, Pennsylvania, November 1977.
[4372]Assisted in conducting.a conference of educators from
[4373]museums, libraries, national organizations and adult -
[4374]education groups. . oe
[4376]AN
[4378]interim Director, "project 87," a project co-sponsored by the
[4379]American Historical Association and the American Political 4
[4380]Science Association, June-August, 1977.
[4381]‘Coordinated the activities of the funding groups and *
[4382]sponsoring organizations. Created an administrative | Fe
[4383]framework for the initial stage of the project. me ey
[4385]Research Associate, National Study Commission on Records and .
[4387]: Documents of Federal Officials, June 1976-May 1977.
[4388]Initiated and prepared two studies for the Commission; a
[4389]study of foreign policy records and papers; and a study of
[4390]government historical offices and public records. Also
[4391]prepared a study of the federal depository library progran, -
[4392]assisted the director in conducting panels and public
[4393]hearings and assistedin writing and editing the first and
[4394]subsequent drafts of the Commission report.
[4397]PUBLICATIONS
[4399]"The Importance of Foreign Policy Process: Eisenhower and the.-’.
[4401]National Security Council," in Eisenhower: A Centenary
[4402]Assessment, LSU Press, (forthcoming) .
[4404]"The Ubiquitous Mr. Clifford," (Review Essay), Diplomatic:
[4405]History, Winter 1993.
[4407]"The Historian’s Dilemma," Understanding Congress: Research
[4408]Perspectives, Government Printing Office, 1991.
[4410]"President Kennedy’s National Security Policy: A
[4411]Reassessment," Reviews in American History,
[4413]"Government-Sponsored Research: A Sanitizeda Past?" ~
[4414](Roundtable), The Public Historian, Summer 1988.
[4416]"John Foster Dulles and the Bipartisan Congress," Political
[4417]Science Quarterly, , Spring, 1987
[4419]"The Committee on the Records of Government: An ‘Assessment, "
[4420]sovernment Information Quarterly, Spring, 1987).
[4422]"Jane Storms Cazneau: Disciple of Manifest Destiny,"
[4423]*rroloque, (Spring, 1986). oe
[4425]“President Truman and the Evolution of the National Security
[4426]‘ouncil," Journal of American History, September, 1985.
[4428]" On Top of Policy ‘Hill: President Eisenhower and the
[4429]ational Security Council." Diplomatic History, Fall, 1983.
[4431]State Department Policy Planning staff
[4432]apers, 1947-1949 (3 vols.), (ed.) Garland Press, 1983
[4434]“The Public Documents Commission: Politics and Presidential
[4435]scords," Government Publications Review, Vol. 9, 1982.
[4437]"Challenge of Documenting the Federal Government in the
[4438]itter 20th Century," Prologue, July,. 1982.
[4440]"National Security I: Inventing A Process (1947-1960) ,"
[4442]sclo/Salamon, eds. The illusion of Presidential Governnent.
[4443]‘stview Press, 1981.
[4445]"Destiny and Diplomacy, 1845-1865," Haynes/Walker,eds.
[4447]erican Foreign Relations: A Historiographical Review, Greenwood
[4448]ess, 1981
[4450]March 1991. Pes
[4454]13-00000
[4456]-
[4458]"Disorder in the House:
[4459]Historian, Summer, 1980.
[4461]Pe
[4463]The Inaccessible Record," The Public ye v.
[4465]4 ; -
[4466]The Recordswof. Federal Officials, (ed.) Garland Press, 1979.
[4468]"Government Historical Offices and Public Records,“ American
[4469]Archivist, October, 1978.
[4471]"Mission to Mexico: Moses Y. Beach, Secret Agent," New-York. -~:
[4472]Historical Society Quarterly, July, 1975.
[4474]"Secret Agents and Security Leaks: James K. Polk and th
[4475]Mexican War," Journalism Quarterly, Spring, 1975.
[4477]re
[4479]Secret Agents: President Polk and the Search for Peace with
[4480]Mexico, Revised Ph.D. dissertation published in the Modern
[4481]American History Series, Garland Press, 1988.
[4485]Professional Newsletters and Newspapers se
[4486]"The U.S. Must Declassify Its Cold-War Documents," (with |
[4488]Richard H. Kohn), The Chronicle of Higher Education, (Point of
[4489]View), September 16, 1992.
[4491]"Congress Must Harness NSC," New Orleans Times-Picayune, July
[4492]14, 1989. ; ao
[4494]“Irrational Policies on Access to Government Records Are
[4495]Indercuttin
[4497]g Our Ability to Understand History," The Chronicle of
[4498]ligher Education, (Point of View), September 28, 1988.
[4500]“Classified History," Newsletter, Organization of American
[4501]listorians, August, 1984. ee
[4503]“In Support of History," Perspectives (American Historical /
[4504]ssociation Newsletter), February, 1984. _ oo ee
[4506]“History Without Historians," |
[4507]ssociation, February, 1978.
[4509]Newsletter, American Historical
[4511]“Foreign Policy Records and Papers: A Case Study of One Group
[4513]£ Documents," Newsletter,Society for Historians of American
[4514]oreign Relations, June-December, 1977.
[4516]20k Reviews
[4518]American Archivist, (Fall, 1988); Annals of Iowa, (Summer
[4519]188); Journal of Southern History,
[4521]. (Summer 1988); The Public
[4522]Storian (Summer 1988); Southwest
[4524]ern Historical Quarterly,
[4525]fanuary,1989), Technology and Culture, (April, 1989); Political
[4526]rience Quarterly, (Spring, 1989); Journal of American Histo
[4527]une, 1991); American Historical Review, (April, 1992); Public
[4528]storian (Summer, 1992); Journal of American History, (December,
[4529]92).
[4532]13-00000
[4534]. . : : Aano Melson
[4536]eke
[4538]PRE-HEARING QUESTIONS
[4539]ASSASSINATION RECORDS REVIEW BOARD
[4541]rN
[4543]I. Nomination Process and Potential Conflicts
[4545]1. Were any conditions, expressed or implied, attached to your: :
[4546]nomination to be a member of the Assassination Records Review Board
[4547](ARRB) ? ;
[4549]No . a
[4551]2. Have you made any commitments with respect to policies or
[4552]programs affected by your role as a member of. the ARRB? 8 ;
[4553]No
[4555]w
[4557]wee,
[4558]3
[4559]2
[4561]3. Are there any issues involving the ARRB from which 1 you may
[4562]have to disqualify yourself?
[4564]4. Have you been a party to any legal. actions or
[4565]administrative proceedings pertaining to access to, or disclosure
[4566]of, federal records on the subject of the assassination of
[4567]President Kennedy?
[4569]No
[4571]II. Role and Responsibilities
[4573]1. What particular qualifications and experience do you bring
[4574]to the role of being a member of the ARRB?
[4576]’ a. Staff member. of the Public Documents Commission,
[4577]created by Congress after the Nixon tape controversy. This
[4578]Commission held hearings, sponsored studies on public records and —
[4579]wrote a final report. As a staff member, I was introduced to the
[4580]promises and problems of preserving federal records and providing
[4581]access to them.
[4583]b. Project Director, Committee on Records of Government.
[4584]This foundation funded project was designed to study the
[4585]relationship between information management and records management,
[4586]particularly as it applies to computer generated records. As
[4587]project director I worked closely with the Chairman of. the
[4588]Committee and its members. I organized hearings, wrote summaries of
[4589]the hearings to be circulated to the Committee and was responsible.
[4590]for preparation of the final report. -
[4592]c. As an historian of American Foreign Relations, I. have
[4593]researched documents in the National Archives (including four
[4594]Presidential Libraries) from the era of the Cold War. I am very
[4595]familiar with “withdrawal" notices of classified material as well
[4596]as the kind of material that has been released.
[4598]dad. I have been elected and/or appointed to several
[4599]comittees sponsored by various historical organizations that have
[4601]13-00000
[4603]page 2
[4605]been concerned with the declassification of. historically valuable
[4606]documents. As a result, I am very familiar with FOIA and the
[4607]Executive Orders that control declassification.
[4609]2. What do you ‘consider to be your primary responsibilities “and
[4610]priorities as an ARRB member?
[4612]The primary responsibility of the ARRB is to ensure the review...
[4613]and facilitate the public disclosure of records relating to the
[4614]assassination of President Kennedy. It is important to note that it
[4615]is not the responsibility of the Board or its members to reach any
[4616]conclusions about the participants or events of the assassination.
[4617]Instead, the Board must ensure that the agencies comply with the
[4618]law. and either open or present to the Board ALL deasguments
[4619]pertaining to the assassination. The obligation of. each mémben, is
[4620]to carefully study the documents that have not yet” ‘been disclosed
[4621]to weigh the need for public disclosure against the protection of.
[4622]national security. A major priority of the Board should be the
[4623]preservation of its own integrity in order to ensure the
[4624]restoration of government credibility regarding the assassination.
[4626]3. How do you envision your relationship and responsibilities--as
[4627]an ARRB member --. to (a) the President, (b) the Congress, and (c)
[4628]other executive branch agencies?
[4630]’ a and b. My responsibility to the President and Congress is to
[4631]fulfill the trust’ and perform the tasks mandated by the legislation.
[4632]to the best of my ability. I would be willing to confer with
[4633]members of the White House staff and the Congress on the progress
[4634]of the Board if it is necessary to do so to preserve the integrity
[4635]of the process.
[4637]c. The relationship with other executive branch agencies may
[4638]prove more problematical. To restore public confidence, the Board
[4640]must be guaranteed complete compliance with the law by-all the
[4642]agencies with assassination related records. I would try to ensure
[4643]that agencies have. indeed searched for all relevant records, and
[4644]have either provided public: access to them or prepared them for
[4645]action by the Board.
[4647]4. How do you view the job of ARRB Executive Director? What role do
[4649]you anticipate playing in the selection of ARRB Executive Director
[4650]and staff?
[4652]As described in. the statute, the Executive Director should be
[4654]responsibile for all administrative duties. These will involve
[4656]serving as a liaison to the agencies, describing the universe of
[4657]records, organizing ‘hearings (if necessary), etc. The Executive
[4658]Director will not be responsible for policy and should not be
[4659]responsible for determining which documents can be opened to the
[4660]public.
[4662]I would anticipate that every Board member would actively seek ~
[4663]candidates for the position of Executive Director. However, since
[4664]five individuals cannot effectively run a Board, the elected Chair
[4667]13-00000
[4669]page 3
[4671]of the Board will be the person who will be closely working with
[4672]the Executive Director. Thus, the Chair should be particularly
[4673]involved in the selection process.
[4675]III. Policy Issues
[4676]1. Have you made any public statements -- oral or written -—
[4677]regarding the’ assassination of President Kennedy or the public
[4678]availability of government records regarding this assassinatioh?
[4679]No
[4681]2. Members of the ARRB will be examining security | cldusities
[4682]records with a view to their declassification and. public
[4683]disclosure, in whole or in part, at some time in the future.
[4685]a) Can you describe. what prior experience you have had, if
[4686]any, with using or examining security classified records of the
[4687]Federal Government?
[4689]As a member of the State Department Advisory Committee on.
[4690]Historical Documentation I have examined documents that have been
[4691]deemed security classified (including intelligence documents) and .
[4692]have participated in discussions of disclosure of documents in the
[4693]Foreign Relations of the United States series with desk officers of
[4694]State who did not wish to see these documents published. I have
[4695]also participated in meetings with agency personnel whose
[4696]responsibility included preserving national security related
[4697]documents.
[4699]pb) What do you think of our current security classification
[4701]' system? For example, would you say it operates well, has integrity,
[4703]and serves the public interests?
[4705]The current system is extremely expensive, labor
[4706]intensive and subjective in its implementation. It has resulted in
[4707]an enormous backlog of documents over 30 years old and has further
[4708]eroded public trust and government credibility. The current attempt |
[4709]to rewrite the Executive Order governing the security
[4710]Classification system reflects the awareness of. the White House and
[4711]executive agencies that the current system is no longer viable; it
[4712]does not operate efficiently, sacrifices the integrity of the
[4713]record and does not, therefore, serve the public interest.
[4715]3. One of the duties of the ARRB will be to determine what
[4716]constitutes.an "assassination record". What criteria do you think
[4717]should be used to make this determination?
[4719]This will be one of the most difficult problems facing the
[4720]Board. First, I think I would seek information from the agencies on
[4721]what they regarded.as an assassination record. Second, since this
[4722]goes to the heart of public confidence, I think this is a question
[4723]that probably should be the subject of an open hearing. Currently
[4724]my sense is that the Board will have to determine parameters for
[4726]13-00000
[4728]page 4
[4730]the kinds. -of records sought, but that these should be ‘as broad’ as
[4732]possible.
[4733]Iv. Relations With Congress
[4735]1. Do you agree without ‘reservation to respond to any reasonable...
[4737]summons to appear and testify before any duly consituted: committee
[4738]of the Congress, if confirmed?
[4741]2. Do you agree without reservation to reply to any reasonable
[4743]request for information from any duly consituted committeé<pf. the
[4744]Congress, or its duly authorized agent, if ‘confirmed? OA:
[4745]yes.
[4747]an
[4749]“
[4751]13-00000
[4754]~~ 1.
[4756].
[4760]BIOGRAPHICAL AND FINANCIAL INFORMATION REQUESTED OF NOMINEES
[4762]3.
[4764]4.
[4766]5 .
[4768]- Position to which nominated:
[4770]aL
[4771]we
[4773]A. BIOGRAPHICAL INFORMATION
[4774]Name: (include any former names used.)
[4776]John Raymond Tunlicim 0 ud)
[4778]az)
[4780]Assassination Records Review Panel
[4782]Date of nomination:
[4784]_ September, 1993
[4786]Address: (List current place of residence and office addresses.)
[4788]Residence: 704 South Third Street, Stillwater, MN 55082
[4789]Office: 102 State Capitol, St. Paul, MN 55155
[4790]Date and place of birth:
[4792]9/30/53 Thief River Falls, MN
[4794]Marital status: (Include maiden name of wife or husband’s name.) | —
[4795]Married to Kathryn Hill Tunheim (maiden name: Kathryn J. Hill)
[4797]Names and ages of children: |
[4799]Elizabeth Starr Tunheim, age 9; Samuel John Tunheim, age 5.
[4801]Education: List secondary and higher education institutions, dates attended, degree
[4802]received and date degree ranted.
[4804]Marshall County Central-High School, Newfolden, MN 1965-1971, June, 1971;
[4805]Concordia College, Moorhead, MN 1971-1975, BA summa cum laude with honors, May, 1975;
[4806]University of Minnesota Law School, Minneapolis, MN: 1977- 1980, J.D. cum laude, June 1980. ~
[4808]John R. Tunheim November 4, 1993
[4810]13-00000
[4812]9. Employmeitt récord: List all jobs held since college, including the title or description of
[4813]job, name of employer, location of work, and dates of employment. (Please use separate.
[4814]_ attachment, if necessary.)
[4816]1.
[4818]United States Senate, Office of Senator Hubert H. Humphrey, Field Representative,
[4819]Minneapolis, MN
[4822]~ Freeman for Congress, Press and Issues Director, St. Louis Park, MN
[4826]Oppenheimer, Wolff, Foster, Shepard & Donnelly (law firm), Summer Associate, St.Paul,
[4828]6/79 to 9179
[4830]coo oi
[4831]United States District Court, Senior U.S. District J udge Earl R: Larson, Judicial Law
[4832]Clerk, Minneapolis, MN
[4836]- Oppenheimer, Wolff, Foster, Shepard & Donnelly (law firm), Associate Attorney,
[4838]St. Paul, MN
[4841]State of Minnesota, Office of Attorney General, Assistant Automey General, Manager, -
[4842]_ Public Affairs Litigation Division, St. Paul, MN
[4846]State of Minnesota, Office of the Atomey General, Solicitor General, St. Paul, MN
[4849]State of Minnesota, Office of the Attorney General, Chief Deputy Attorney General,
[4850]St. Paul, MN
[4851]6/86 to present.
[4853]10. Military Service: List any military service, including dates, rank, and type of discharge.
[4855]None.
[4857]John R. Tunheim ; November 4, 1993
[4859]13-00000
[4863]~ “5
[4865]11. Government experience: List any advisory, consultative, honorary or other part-time
[4866]- service or positions with Federal, State, or local governments, other than those listed
[4867]. above. ;
[4869]« Federal Practice Committee, United States District Court for the District of Minnesota;
[4870]- member (1990 to present)
[4871]¢ Advisory Committee on Reducing Cost & Delay, United States District Court.for the
[4872]_ District of Minnesota; member (1991 - present); chair, Internal Court Management
[4873]Subcommittee (1991 - present)
[4874]¢ Stillwater City Charter Commission; member (1989 - present); Vice-chair (1992 - ~ present) .
[4875]¢ Washington County Planning Advisory Commission; chair (1989-1992); member (1985-
[4876]1992).
[4877]* Governor's Select Committee on the Impact of Drugs on Crime, Education, and Social
[4878]Welfare; member (1989-1990) .
[4879]¢ Governor's Blue Ribbon Commission on the Crisis in Liability Ingurance; member (1987-
[4880]1988)
[4881]¢ Minnesota State Bar Association/Attorney General Task Force on Legal Advice to
[4882]Farmers; chair (1985-1986)
[4883]-©. Governor’s Superfund Task Force; member (1984-1985)
[4885]12. Previous Appointments: Prior to this appointment, have you ever been nominated for a
[4886]position requiring confirmation by the Senate? If so, please list each such position,
[4887]including the date of nomination, Senate confirmation, and Committee hearing, if any. _ ,
[4889]No.
[4891]13. Business relationships: List all positions held as an officer, director, trustee, partner,
[4892]proprietor, agent, representative, or consultant of any corporation, company, firm,
[4893]partnership, or other business enterprise, educational or other institution. ;
[4894]Tunheim Lakeshore Partnership, Pelican Rapids, MN (family partnership formed to own a
[4895]vacation home).
[4897]14. Memberships: List all memberships and offices held in professional, business, fraternal,
[4898]scholarly, civil, public, charitable and other organizations.
[4900]American Bar Association (1981 - present)
[4901]* Member, Special Committee on Lawyers in Government (1990-91) (appointed)
[4902]¢ Secretary and Council Member, Government & Public Sector Lawyers Division (1993 -
[4903]present) (elected)
[4904]¢ Treasurer and Council Member, Government & Public Sector Lawyers Division (1991-
[4905]- 1993) (elected)
[4907]John R. Tunheim November 4, 1993
[4909]13-00000
[4911].
[4913]a)
[4914]Minnesota State Bar Association (1981 - present)
[4916]~ © Co-Chair, Task Force on Legal Advice to Farmers (1985-1986)
[4918]Member, Court Rules Committee (1989-1990)
[4920]Co-Chair, Government Lawyers Task Force (1989-1991) .
[4922]Co-Chair, Public Law Section (1991-1992) o
[4923]Executive Council, Public Law Section (1992 - present) . a
[4927]Member, Board of Directors, Minnesota Institute for Legal Education (1990 - present)
[4928](nonprofit) ,
[4930]Member, Board of Directors, , Family Service St. Croix (1990 - ~ present) (nonprofit); Vice-Chair air
[4932](1993 - present)
[4934]Member, Board of Directors, Midsummer: A Minnesota Festival of Music. gs - ~ present)
[4936](nonprofit) % “A
[4937]Member and Secretary, Board of Directors, Minnesota Pregnancy & Infant Loss Center (1983-
[4938]85) (nonprofit)
[4940]Member, Stillwater Rotary Club (1984 - present)
[4942]Political affiliations and activities:
[4943](a) List all offices with a political party which you have held or any public office for
[4944]which you have been 3 a candidate.
[4946]Minnesota Democratic-Farmer-Labor Party
[4948]: Delegate, Democratic National Convention 1988, 1992
[4949]Associate ‘Chair, Sixth Congressional District (1991 - - present) -.-.--;
[4950]Member, Executive Committee (1991 - - present) —
[4952]Member, Central Committee (1984 - present)
[4954]Chair, Senate District 55 (1986-1990) .
[4958](b) List all memberships and offices held in and services rendered to all political parties
[4959]or election committees during the last 10 years.
[4961]Political party memberships: All listed in 15(a). I have not been an officer for any election
[4962]committee during the past ten years. ,
[4964]I was elected a delegate to the Democratic National Convention in 1988 and 1992.
[4966]Services rendered to parties and election committees have all been volunteer, sporadic
[4968]activities such as attending fundraisers and occasional campaign rallies, attending party -
[4969]meetings and conventions, and some doorknocking and telephoning on behalf of local and.
[4971]statewide candidates. Assisted in organization of the endorsement event by Democratic
[4972]Attorney's General of the Clinton-Gore ticket in Detroit; Michigan, in October, 1992.
[4974]John R. Tunheim , . November 4, 1993
[4976]13-00000
[4978].
[4980](c)
[4982]is
[4983]These include all contributions which in aggregate total $50.00 or over to any entity over
[4985]r}
[4986]% G .
[4987]Itemize all political contributions to any individual, campaign organization, political
[4988]party, political action committee, or similar entity of $50 or more for the past 5 years,
[4990]the period 1990-1993. I was unable to locate any records for 1989. I do not believe there
[4991]were any significant contributions during that year.
[4993]Minnesota Democratic-Farmer-Labor Party (all units)
[5003]1989: cannot locate (estimated: $50.00) es
[5004]Johnston for State Senate, Maple Plain, MN $50.00 (1992) a .
[5005]Friends of Draper for State Representative, Stillwater, MN $80. 00° 1992); $60. 0.00 1980)
[5006]Spaeth for Governor, Bismarck, ND $50.00 (1992)
[5007]Clinton for President, Litle Rock, AR $300.00 (1992)
[5008]Citizens for Keith for Chief Justice, St. Paul, MN $50.00:(1992) ;
[5009]Humphrey for Attorney General Volunteer Committee, St. Paul, MN $125.00 (1992);
[5010]$100.00 (1993); $100.00 (1990)
[5011]Evert for Washington County Commissioner, Stillwater, MN $50.00 (1992)
[5012]Alan Page for Justice, Minneapolis, MN $100.00 (1992) —
[5013]Coleman for Mayor, St. Paul, MN $25.00 (1992); $100.00 (1993)
[5014]Freeman Volunteer Committee, Richfield, MN (State Senate and Hennepin County
[5015]Attorney) $50.00 (1993); $50.00 (1991); $300.00 (1990)
[5016]Freeman for Governor, Minneapolis, MN $100.00 (1993)
[5017]Rice for State Representative Volunteer Committee, Minneapolis, MN $100.00 (1993)
[5018]Knutson for DNC, Hutchinson, MN $50.00 (1993) -
[5019]DNC Federal Account, Washington, DC $1,025.00 (1993)
[5020]Democratic National Committee, Washington, DC $25.00 (1993)
[5021]Wellstone for U.S. Senate, Minneapolis, MN $25.00 (1991); $150: 00 (1990)
[5022]DNC Victory Fund, Washington, DC $1,000.00 (1992)
[5023]Chandler for State Senate, White Bear Lake, MN $125.00 (1990) |
[5024]Fuller for State Senate, Oakdale, MN $100.00 (1990)
[5025]Friends of Dayton for State Auditor, Minneapolis, MN $100.00 (1990)
[5026]Friends of Dooley for State Representative, Stillwater, MN $90.00 (1990) -
[5027]Perpich for Governor Volunteer Committee, St. Paul, MN $100.00 (1990) .
[5028]Jan George for State Representative Volunteer Committee, Mahtomedi, MN $80.00
[5029](1990)
[5033]John R. Tunheim November 4, 1993
[5035]13-00000
[5037]16.
[5039]17.
[5041]18.
[5043]_ National Association of Attomeys General, Marvin Award (1991)
[5045]Honors and atards: List all scholarships, fellowships, honorary degrees, honorary society
[5046]memberships, military medals and any other special recognitions for outstanding service .
[5047]or achievements.
[5049]a “
[5051](Awarded annually to up to 5 outstanding assistant attorneys general i in U.S. )
[5052]National Association of Attomeys General, President’ s Distinguished Service Award 1988)
[5054]Mondale Fellow, University of Minnesota, Hubert H. Humphrey Institute of Public Affairs,
[5055]Minneapolis (1992-1993)
[5060]Rollof Award, University of Minnesota Law School (1980) ;
[5061]Awarded to President/Editor-in-Chief of the Minnesota Law Review ee
[5063]ea
[5065]Minnesota Journal of Law & Politics, Selected as “Rising Star Lawyer (1993)
[5067]Published writings: List the titles, publishers, and dates of books, articles, reports, or
[5069]other published materials which you have written. It would be helpful for the Committee
[5070]to have three copies of each published writing. Please denote any of those for which you
[5071]are unable to provide copies.
[5073]Book: A Scandinavian Saga (Lakes Publishing, 1984)
[5074]Article: Parental Involvement in Minor’s Abortions: The Aftermath of ‘Hodgson v.
[5075]Minnesota and Ohio v. Akron Center for Reproductive Health, Abortion and The
[5076]_ States, Political Change and Future Regulation, Jane B.'Wishner, Editor
[5077](American Bar Association, Section of Urban, State and Local Government Law),
[5078]— (1993) -
[5079]Chapter: State Legislative Activities, State Auorneys General, Powers and Responsibilities,
[5080]_ Lynn Ross, Editor (BNA: Washington, D.C. 1990). I also served as an editor on
[5081]this book.
[5082]Article: Minnesota’s Bill of Rights (William Mitchel] Law Review)
[5083](In progress, no copy available, scheduled for publication in 1994) .
[5084]Op. Ed: | Americans Should Lend Russia-a Hand on, Democratic Journey, St. Paul Pioneer
[5085]Press (January 8, 1992) - ;
[5087]Speeches: Provide the Committee “with three copies of any formal speeches you have
[5088]delivered during the last 5 years of which you have copies and are on topics relevant to the
[5090]- position for which you have been ieee
[5092]None.
[5094]John R. Tunheim - . . November 4, 1993
[5096]13-00000
[5098]x}
[5100]19, Congressional Testimony: Have you ever testified before a Committee of the Congress? If
[5101]_ so, please provide details, including date(s).
[5103]No.
[5105]Ay
[5107]Selection: .
[5108](a) . Do you know why you were chosen for this nomination by the President?
[5110]I was one of six lawyers recommended for nomination to President Bush in December,
[5112]1992 by. the President of the American Bar Association, J. Michael McWilliams, as
[5114]required by the statute. The recommendation was unsolicited. 1 was selected from the -
[5116]recommendations.
[5118](b) What do you believe in your background or employment experience ificmgive
[5120]qualifies you for this particular appointment?
[5122]Ihave extensive public law experience, including over seven years as the senior managing
[5124]lawyers in a highly-regarded attorneys general’s office with over 425 staff members. I.
[5126]have handled many of the most sensitive legal disputes involving the State of Minnesota
[5127]over that time, personally arguing three United States Supreme Court cases and winning
[5128]two. J have served throughout as the chief legal counsel to the Governor of Minnesota. I
[5129]have considerable experience dealing with Minnesota’s open records law and have a
[5130]reputation of approaching issues in a fair, thoughtful and impartial manner. I have not
[5132]been involved in any dispute over the assassination records and believe that; although lam
[5134]a strong believer in openness in government, I will approach the task in a fair manner. I
[5135]‘have considerable experience setting up governmental organizations and administrative
[5136]processes and believe that experience will be helpful in organizing the process by which
[5138]the Panel will conduct its work. I have played a leadership role within the National ;
[5140]Association of Attorneys General, particularly on management-related issues.
[5142]B. FUTURE EMPLOYMENT RELATIONSHIPS
[5144]Will you sever all connections with your present employers, business firms, business
[5145]associations or business organizations if you are confirmed by the Senate?
[5147]No. My understanding is that the position is part-time and I have no conflict of interest in my
[5148]current position. I will take leave time from the State for any days I am working on panel
[5149]business.
[5151]Do you have any plans, commitments or agreements to pursue outside employment, with
[5152]or without compensation, during your service with (he government? If so, explain.
[5154]Yes. I will continue my employment with the State of Minnesota and a planned position as
[5155]Adjunct Professor of Constitutional Law at the University of Minnesota Law School.
[5157]John R. Tunheim ; Ravana «4 tAAD
[5159]13-00000
[5161]-3.
[5163]5.
[5165]3.
[5168]"5
[5170]Do you have any plans, commitments or agreements after completing government service
[5172]to resume employment, affiliation or practice with your previous employer, business firm,
[5174]association or organization?
[5175]Yes. Continue my current position. : . OS
[5177]Has anybody made a commitment to employ your services in any capacity after you leave
[5178]government service?
[5180]Not in any position other than my current position.
[5182]If- confirmed, do you expect to serve out your full term or until the next Presidential
[5183]election, whichever is applicable? mo
[5184]I expect to serve the full term of the Panel which sunsets under current law. . oes
[5186]C. POTENTIAL CONFLICTS OF INTEREST
[5188]Describe all financial arrangements, deferred compensation agreements, and other
[5189]continuing dealings with business associates, clients or customers.
[5191]None.
[5193]Indicate any investments, obligations, liabilities, or other relationships which. could involve
[5194]potential conflicts of interest in the position to which you have been nominated.
[5196]’ None.
[5198]Describe any business relationship, dealing or financial transaction which you have had
[5199]during the last 10 years, whether for yourself, on behalf of a client, or acting as an agent,
[5200]that could in any way constitute or result in a possible conflict of interest in the position to
[5201]which you have been nominated. ,
[5203]None.
[5205]John R. Tunheim November 4 1007
[5207]13-00000
[5209]4.
[5211]6.
[5213]B,
[5215]: b
[5217]Describe any activity during the past 10 years in which you have engaged for the purpose
[5218]of directly or indirectly influencing the passage, defeat or modification of any legislation or
[5219]affecting the administration and execution of law or public policy.
[5221]When employed by Oppenheimer, Wolff, Foster, Shepard & Donnelly, in 1983, I représented
[5222]business interests on workers compensation legislation before the Minnesota Legislature; and in
[5223]1984, I represented a major communications company on tax legislation before the Minnesota
[5224]Legislature. For both activities, I was registered as a lobbyist with the Minnesota Ethical
[5225]Practices Board.
[5227]Since being employed by the Minnesota Attorney General's Office, I have been involved
[5229]significantly in the development of legislation in Minnesota, including primary responsibility
[5230]for the budget of the Attorney General’s Office each year from 1986 to present. I have also
[5231]worked with the Minnesota Legislature on criminal justice issues, environmentalassues, farm
[5232]credit issues, consumer issues, government records issues, labor issues and others. My work has
[5233]included drafting legislation, testifying before legislative committees, serving on task forces,
[5235]writing legal opinions, and working with and advising staff, legislators, and governors.
[5237]My entire employment experience in the Attorney General's Office has involved the.
[5238]administration and execution of law or public policy. I have been the senior appointed official
[5239]in the office for over seven years, responsible for the management of the office. None of my
[5240]activities have involved any records dispute with a federal agency or anything regarding -
[5241]assassination records. —
[5243]Explain how you will resolve any potential conflict. of interest, including any that may be
[5244]disclosed by your responses to the above items. (Please provide copies of any trust or
[5245]other agreements.)
[5247]I cannot imagine what conflict might arise, but if there is one I would not: take part in any
[5248]decision of the panel affecting my conflict of interest.
[5250]Do you agree to have written opinions provided to the committee by the designated agency
[5252]- ethics officer of the agency to which you are nominated and by the Office.of Government
[5254]Ethics concerning potential conflicts of interest or any legal impediments to your ur serving
[5255]in this position?
[5257]Yes.
[5259]D. LEGAL MATTERS
[5260]Have you ever been disciplined or cited fur a breach of ethics for unprofessional conduct
[5261]by, or been the subject of a complaint to any court, administrative agency, professional
[5263]association, disciplinary committee, or other professional group? if so, provide details.
[5265]No.
[5267]John R. Tunheim ; November 4, 1993
[5270]13-00000
[5272]te
[5274]5.
[5276]Have you & er'been i investigated, arrested, charged or held by any Federal, State,’ or other
[5277]law enforcement authority for violation of any Federal, State, county or municipal law,
[5278]regulation or ordinance, other than a minor traffic offense? If so, provide details.
[5280]No. ;
[5281]Oe
[5284]Have you or any business of which you are or were an officer ever been involved as a party
[5286]in interest in any administrative agency proceeding or civil litigation? If. 50, provide
[5287]details. ;
[5289]No.
[5291]Have you ever been convicted (inciuding pleas of guilty or nolo contendere of any criminal
[5292]violation other.than a minor traffic offense? 7
[5294]No.
[5296]Please advise the Committee of any additional information, favorable or unfavorable,
[5297]which you feel should be considered in connection with your nomination,
[5299]None.
[5301]E. FINANCIAL DATA
[5303](Retained in Committee Files.)
[5305]13-00000
[5307]i a
[5310]AFFIDAVIT
[5314]John R. Tunheim being duly sworn, hereby states that he/she has read and signed the foregoing Statement on
[5315]Biographical and Financial information and that the information provided therein is, to the best of his/her
[5317]| Solin A. Viewer
[5319]knowledge, current, accurate, and complete.
[5321]Subsoribed and swom before me
[5322]this “/" _ day of November, 1993.
[5324]Ay
[5326]—_— Notary Public:
[5328]reer ew oes, ade WMA AAR OE
[5330]SRTPERS.AAG DEEN. A. LANCUTTE 2
[5332]“
[5336]“Rae omy Si
[5337]GAY, COMMISSION EXFIKES D ROWnaen 25, 1996
[5339]IIIA A
[5341]John R. Tunhcim
[5343]ay
[5345]Navember 4 1007
[5347]13-00000
[5350]* Committee on Govertimental Affairs
[5351]United States Senate
[5353]JOHN R.TUNHEIM’S
[5354]_ ANSWERS TO PRE-HEARING QUESTIONS
[5355]TO BE A MEMBER OF THE ;
[5356]ASSASSINATION RECORDS REVIEW BOARD
[5360]L NOMINATION PROCESS AND POTENTIAL CONFLICTS oo fee
[5362]1. Were any conditions, expressed or implied, ‘attached to your nothination to be 2 a
[5363]meniber of the Assassination Records Review Board (ARRB)?
[5365]No.
[5367]2 Haveyou made any commitments with respect to policies or programs affected by
[5368]your role as a metober of the ARRB? If so, what are they?
[5370]No. Co ce es
[5372]3. Are there any issues involving the ARRB from which you may have to disqualify
[5373]yourself? If so, please explain.
[5375]No. Iam unaware of any such i issue.
[5377]4, Have you been.a party to any legal actions or administrative proceedings pertaining
[5378]to access to, or disclosure of, federal records on the subject of the assassination of
[5379]President nt Kennedy?
[5381]No.
[5383]13-00000
[5385]129 7%
[5387]% s. IL ROLE AND RESPONSIBILITIES
[5389]member of the ARRB?
[5391]Primarily, I bring my background and experience as a lawyer and public officials’ I
[5392]have twice been elected a section officer in the American Bar Association and was
[5393]recommended for thig nomination by the President of the American Bar
[5395]‘Ls What particular qualifications and experience do you bring to the role of being a
[5397]Association. My experience as a lawyer inclndes thres years in private practice and.
[5398]nine years as Solicitor General and Chief Deputy Attomey Gencral in Minnesota...
[5400]For 7 1/2 years I have been the senior appointed official in the Minnesota Attomey ~
[5402]General's Office, responsible for the management and direction of an office of over
[5403]200 attorneys. I have handled-countless sensitive projects and cases, arguing three
[5404]cases before the United States Supreme Court and serving as legal counsel to two
[5405]Minnesota Govemors and to the Minnesota Legislatmre. I have played: an eee
[5406]role within the National Association of Attorneys General, twice-recei
[5408]national awards from NAAG, twice chairing the Conference of Chief ' Deputies, ones, oa %
[5410]directing many of NAAG's management improvement initiatives. I teach
[5411]Constitutional Law as an Adjunct Professor at the University of Minnesota Law
[5412]School. . .
[5414]From my experience as Minnesota Chief Deputy Attorney General, I have
[5415]considerable experience dealing with the kind of processes envisioned by the Act,
[5416]including establishing new administrative procedures created by new statutes,
[5418]working with a wide range of governmental agencies, resolving tough legal issues
[5419]raised by new laws, applying confidentiality rules, administering open records laws,
[5421]‘issuing subpoenas, conducting government public hearings, and making difficult
[5423]public decisions that significantly i impact citizens. L- understand the separation of
[5425]ye
[5427]powers issues that could be raised in the context of this Act. Furtbexmore, [have - .
[5429]had no prior involvement in,any aspect of the Kennedy assassination or the
[5430]assassination records. 1 would bring independent, objective judgment to the
[5431]position.
[5433]Talso have a strong interest in historical preservation. My primary undergraduate
[5434]major was History, an area in which I graduated summa cum laude with honors. I
[5435]authored 2 220 page local history and study of immigration. My research included
[5436]revicwing records at the National Archives. I have also provided legal
[5437]representation to the Minnesota Historical Society and State Archivist for eight
[5438]years.
[5440]I have worked in the Congress for the United States Senate on Senator Hubert
[5441]Humphrey’s staff and have worked in the federal judiciary as a federal law clerk. I
[5442]have worked closely with the United States Department of Justice on a wide range
[5443]of projects and cases.
[5445]Joan R. Tanhein
[5447]01-26-94 01:14PM
[5450]PNAT #2Aa
[5452]13-00000
[5454]BTK
[5456]2. What do fou donsider to be your primary responsibilities and priorities as an ARRB
[5457]member? ,
[5459]I see our primary responsibilities as:
[5461](1) Oversceing and directing the prompt. collection from government offices of all
[5462]Kennedy assassination records that have not yet been transmitted to the
[5463]National Archives, and directing a prompt public disclosure of ell appropriate
[5465](2) Gathering inpnt and information from the public to ensure that concerns are oan
[5466]' addressed and that all appropriate records are requested and received.
[5468](3) Applying in a fair manner the standards set forth in the Act regarding
[5469]postponement of the release of records, keeping in mind the strong
[5470]Congressional intent expressed in the Act favoring public disclosure. ra a
[5472](4) Assuring the Congress and the American public that information about the
[5473]Kennedy assassination is not being hidden by any branch or agency of the
[5474]federal government.
[5476](5S) As the lawyer on the panel, I belicve that I have additional responsibilities to
[5478]_ help ensure that appropriate and fair processes are established to guide the
[5479]collection and release of records, that legal questions are addressed promptly
[5480]and thoroughly, and that any necessary investigations are handled properly.
[5482]3. How do you envision your relationship and responsibilities ~ as an ARRB member --
[5484]to (a) the President, (b) the Congress, and (c) other executive branch agencies?
[5486](a) My responsibilities to the President are to provide a regular and detailed
[5487]accounting of the work of the ARRB, and to provide concise and thorough .
[5488]postponement and release decisions in order to expedite the President's review
[5489]of ARRB decisions affecting executive branch agencics.
[5491]Although ARRB is an independent agency, it is important to have a smooth
[5492]working relationship with the President in order to ensure that the process
[5493]established by Congress works well.
[5495](b) » My responsibilities to the Congress are to implement the law promptly and in
[5496]the manner intended by Congress, to provide on a regular basis a detailed
[5497]accounting of the work of the ARRB, and to respond appropriately to all
[5499]Congressional inquiries and requests.
[5501](c) My responsibilities toward and relationship with other executive branch
[5502]agencies are to work cooperatively but firmly in ensuring early transmittal of
[5503]documents to the National Archives, My responsibility includes working with
[5504]the agencies to ensure a complete understandin g of agencies’ responsibilities
[5505]under the law and fairly and independently reviewing agencies’ requests to
[5506]postpone disclosure of any records.
[5508]Jonn R. Tacheim Tannen: 9K TOA
[5511]13-00000
[5513]4.
[5515]How dowout view the job of ARRB Executive Director? What role do you anticipate
[5516]playing in the.selection of ARRB Executive Director and staff?
[5518]I considex the Executive Director to be the ARRB’s chief administrator and --
[5519]coordinator of all functions of the panel. The Executive Director should be the day-
[5520]to-day administrator of the staff and the administrator of alll activities of the ARRB.
[5521]I envision the Executive Director playing & an important coordination role with other
[5522]federal agencies.
[5524]1 anticipate playing a role in the selection of the Executive Director. rhe postin i
[5525]critical to the effectiveness of the ARRB and I would like to use my considerable
[5526]recruiting and hiring experience to help choose the best available staff. z
[5528]IL POLICY ISSUES oY Re 7
[5529]Have you made any public statements -- oral or written — ~ regarding the assassination
[5530]of President Kennedy or the public availability of government records regarding this
[5531]assassination? Please explain, and provide copies of any relevant material.
[5533]I have made no written or oral public statements regarding the Kennedy
[5535]assassination or the assassination xecords
[5537]Members of the ARRB will be examining security classified records with a view to
[5538]their declassification and public disclosure, in whole or in part, at some time in the
[5540]future.
[5542]a) Can you describe what prior experience you have bad, if any, with using or
[5543]_ examining security classified records of the Federal Government?
[5545]I have no prior experience with using or examining secunity classified records
[5546]of the federal government. I have, however, considerable experience handling
[5547]documents protected by state confidentiality laws. .
[5549]b) What do you think of our current security classification system? For example,
[5551]‘would you say it operates well, has integrity, and serves the public interest?
[5553]“The security classification system has generally well served the public interest
[5554]throughout the period in which the Cold War placed significant constraints on
[5555]sharing information. We have entered a new era and my understanding is that
[5556]a comprehensive review is now underway that will likely result in significant
[5557]revisions and the development of a less restrictive system of security
[5558]classification. Such a comprehensive review is a positive development.
[5560]13-00000
[5564]5
[5565]One of tie duties of the ARRB will be to determine what constitutes an “assassination -
[5567]record.". What criteria do you think should be used to make this determination?
[5569]significant decisions of the ARRB. It is important to understand better the universe
[5570]of potential records before the difficult decision on how to define “ assassination
[5571]records." Preliminarily, and without such an understanding yet, I would favor a
[5573]The dofinition of "assassination records” will be one of the most important and
[5575]broad definition because (1) a broad definition will help assure the American public:
[5577]that all relevant records arc being reviewed and disclosed, and (2) I believe that ie
[5579]the intent of Congress as expressed in the Act.
[5581]It may well be difficult to define “assassination records" in a manner which will
[5582]cover all relevant documents, and if so, it may. be necessary to establish a
[5583]mechanism by which a case-by-case determination can be made regarding the
[5585]Hnkage between the assassination and a particular document. y »
[5587]IV, RELATIONS WITH CONGRESS
[5589]Doy you agree without reservation to respond to any reasonable summons fo appear
[5590]and testify before any duly constituted committee of the Congress, if confirmed?
[5592]Yes.
[5594]Do you agree without reservation to reply to any reasonable request for information
[5595]from any duly constituted committee of the Congress, or its duly authorized agent, if
[5596]confirmed?
[5598]* Yes.
[5600]John R. Tunheim : . Foran
[5602]13-00000
[5604]. APR @4 °97 @S5:59AM P.1744
[5606]«e fun L Yel!
[5608]Office of General Counsel
[5609]Ait cle
[5611]Ve
[5613]- EROM: << fogclelle
[5614]Voice: (703) 874-
[5615]Fax: (703) 874-3208
[5616]_ DATE: . a
[5617]Wy gG 7 . po aa ;
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[5626]This information is property of the United States intended solely for the use of the entity or person named above and alse
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[5628]recipient of this facsimile, or the employee or agent responsible for delivering the message ta the intended recipient, you are
[5629]hereby notified that receipt.of this message is not a waiver or release of any applicable privilege or exemption from disclosure,
[5630]and that review, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this
[5631]material in error, please notify this office at the above telephone number (collect) for instructions regarding its return or
[5633]destruction. Thank you.
[5635]13-00000
[5636]APR @4 797 @9:5S9AM P.2/44
[5640]1ST ITEM of Level 1 printed in FULL format.
[5642]a a
[5644]Copyright (c) 1997 Maryland Law Review, Inc.
[5645]University of Maryland School of Law
[5647]1997
[5648]56 Md. L. Rev. 1
[5649]LENGTH: 21305 words
[5650]ARTICLE: THE VIRULENCE OF THE NATIONAL APPETITE FOR BOGUS REVELATION
[5652]Kermit L. Hall*
[5654]* Dean, College of Humanities; Executive Dean, Colleges of Arts and Sciences;
[5656]and Professor of History and Law, The Ohio State University. Ph.D., University
[5658]of Minnesota; M.S.L., Yale Law School. This Article was presented as the Judge
[5659]Simon E. Sobeloff lecture at the University of Maryland School of Law on a
[5660]Pebruary 28, 1996. My thanks to Barbara Terzian, Jeff Marquis, and Kenneth O48
[5661]Wasserman for their research support and to John Johnson, Donald G. Gifford, and
[5662]Howard Leichter for their comments and suggestions about earlier versions of
[5664]this Article. I am especially grateful to Sheryl Walter for her suggestions
[5665]. about sources and her willingness to share her extensive knowledge of the
[5666]secondary literature on openness of and access to government records.For the
[5668]title of this Article, I am indebted to one of Baltimore's favorite citizens,
[5670]H.L. Mencken, who, in another context, commented on "the virulence of the racial
[5671]appetite for bogus revelation." H.L. Mencken, A Book of Prefaces 23-24 (1917).
[5673]TEXT:
[5674](*21],
[5676]Introduction
[5678]The specter of conspiracy has haunted Americans throughout the second half of
[5679]the twentieth century. nl In the 1950s, Senator Joseph  [*2] McCarthy's
[5680]Communist conspiracy theory - the "second Red Scare" - traumatized the nation
[5681]and destroyed lives. n2 More recently, David Irving's explanation of the
[5682]Holocaust as'an enormous historical fabrication n3 has defied logic and
[5683]distorted reality. n@ Even Abraham Lincoln rests uneasily in his grave, as
[5684]theorists of his murder advance plots so tangled that only the exhumation of
[5685]John Wilkes Booth's bones can unravel them. n5
[5687]nl. This phenomenon is not unique to the modern era. There are many .
[5688]comprehensive historical accounts of the spectex of conspiracy in America. See,
[5689]@.g., Virginia Carmichael, Framing History: The Rosenberg Story and the Cold War
[5690](1993) (analyzing and tracing the "politically motivated production of the
[5691]official Rosenberg story and the historical and cultural critiques performed by
[5692]its re-presentation in literature, drama and the visual arts"); David Brion
[5693]Ravis, The Slave Power Conspiracy and the Paranoid Style (1969) (discussing the
[5694]theory that slaveowners conspired against the rest of the country); The Fear of
[5695]Conspiracy: Images of Un-American Subversion from the Revolution to the
[5697]13-00000
[5699]. . APR 84 “97 89:59AM
[5700]: PAGE 3
[5701]. 56 Md. L. Rev. 1, *2 .
[5702]ca i .
[5703]Present xxiii (David Brion Davis ed., 1971) ("The main purpose of this book is
[5704]to use images of conspiracy and subversion as a means of studying American
[5705]tensions, values, and expectations ...."); Richard Hofstader, The Paranoid Style
[5706]_ in American Politics and Other Essays (1965). (examining the popularity of
[5707]conspiracy theories); George Johnson, Architects. of Fear: Conspiracy Theories
[5709]and Paranoia in American Politics (1983) (demystifying conspiracy theorists and Ye
[5711]the objects of their theories); Donald J. Lisio, The President and Protest:
[5712]Hoover, Conepiracy, and the Bonue Riot (1974) (arguing that the proliferation of
[5713]conspiracy theories causes "gross distortions" in our understanding of the Bonus
[5714]Riot and Hoover's presidency); Michael Sayers & Albert E. Kahn, The Great
[5715]Conspiracy:. The Secret War Againet Soviet Russia (1946) (recounting the history
[5716]of espionage in the Soviet Union from.1917 to 1945) .- .
[5718]n2. David M. Oshinsky, A Conspiracy So Immense: The World of Joe McCarthy 102
[5719](1983) (chronicling the life of Joseph McCarthy and the effects of the "second
[5720]Red Scare" on the American psyche)..
[5722]n3. See David Irving, Goebbels (1996); see also Arthur R. Butz, The Hoax of ”
[5724]the Twentieth Century: The Case Against the Presumed Extermination of European
[5725]Jewry 8 (1976) (calling the Holocaust a hoax and a “monstrous lie").
[5727]n4. See Deborah E. Lipstadt, Denying the Holocaust: The Growing Assault on
[5728]Truth and Memory (1993) (examining and discrediting the arguments of Holocaust
[5729]deniers) . , :
[5731]nS. See Edward Colimore, The Search for Lincoln's Assassin, Phila. Inquirer.
[5732]Apr. 28, 1992, at Cl, available in LEXIS, Nexis Library, Newspaper File; Dentist
[5733]Examines Lincoln Slaying: Seeks to Exhume Body Buried As Booth's, Compare Teeth
[5734]with Record, St. Louis Post-Dispatch, Apr. 18, 1994, (Illinois) at 6, available
[5735]in 1994 WL 8195597; Hum, How Do We Really. Know Who's Buried in Grant's Tomb?,
[5736]Wash. Times, Nov. 14, 1992, at C2, available in LEXIS, Nexis Library, Newspaper
[5737]File; Our American Corpses, Wash. Times, Mar. 18, 1992, at F2, available in
[5739]LEXIS, Nexis Library, Newspaper File: Who's Buried in John Wilkes Booth's Tomb?,
[5741]U.P.I., Sept. 26,,1991, available in LEXIS, Nexis Library; UPI File.
[5743]These are compelling examples of the American “appetite for intrigue, but no
[5744]ether event in twentieth-century American history has generated such persistent
[5745]notions of conspiracy as the assassination of President John’f. Kennedy. More
[5746]than four hundred books have been published on the subject; n6 a major
[5747]newsletter provides a continu- (*3] ing flow of new theories about the
[5748]assassination; n7 and a national organization, the Coalition on Political
[5749]Assassinations, meets annually to debate the murder. n@ Oliver Stone elevated
[5750]the idea of conspiracy to epic proportions in the film JFK. n9 That movie
[5751]claims, among other things, that Lee Harvey Oswald did not act alone; rather, he
[5752]was part of a plot hatched by the Central Intelligence Agency (CTA) in
[5753]collaboration with organized crime, the Federal Bureau of Investigation (FBI),
[5754]and other elements of the American government. n10 Stone's follow-up to JFK,
[5755]Nixon, ni1 echoes this theme, intimating a connection between the Cuban burglars
[5756]of the Watergate complex and the assassination of President Kennedy. n12
[5758]13-00000
[5760]. » APR G4 °97 16:82AM ; P.4744
[5762]PAGE 4
[5763]i 56 Md. L. Rev. 1, *3
[5764]né. See, e.g., Robert Sam Anson, "They've Killed the President!": The Search
[5765]for the Murderers of John F. Kennedy (1975). (calling for a new investigation of
[5766]JFK's assasaination); G. Robert Blakey & Richard Billings, The Plot to Kill the
[5767]President (1981) (explaining the conclusion of the Select Committee on
[5768]Assassinations that organized crime was behind the plot to kill JFK); John
[5769]Davis, Mafia Kingfish: Carlos Marcello and the Assassination of John F. Kennedy |.
[5770](1989) (examining the theory that the New Orleans Mafia was behind JFK's
[5771]assassination); Edward Jay Epstein, The Assassination Chronicles: Inquest, ~ 7
[5772]Counterplot, and Legend (1992) (hereinafter Epstein, Trilogy] (trilogy examining _
[5773]the Warren Commission Report, the investigation conducted by New Orleans :
[5774]District Attorney Jim Garrison, and the life of Lee Harvey Oswald) ;. Robert J.
[5775]Groden & Harrison Edward Livingstone, High Treason: The Assassination of.
[5776]President John F. Kennedy: What Really Happened (1989) (claiming that the CIA,
[5777]oxganized crime, and right-wing politicians killed JFK); Henry Hurt, Reasonable .”
[5778]Doubt (1985) (concluding that Oswald did not act alone); Mark Lane, Rush to
[5779]Judgment (1966) (arguing that the Warren Commission admitted hearsay and ignored
[5780]important evidence); David S. Lifton, Best Evidence: Disguise and Deception in
[5781]the Assaesination of John F. Kennedy (1981) (concluding that a second bullet ‘was’:
[5782]removed from JFK's head); John Newman, Oswald and che CIA (1995) (arguing that
[5783]the CIA was interested in Oswald since 1959, and that, “whether witting or not,
[5784]Oswald became involved in CIA operations"); Gerald L. Posner, Case Closed: Lee
[5785]Harvey Oswald and the Assasaination of JFK (1993) (concluding that Oswald acted
[5786]alone); Frank Ragano & Selwyn Raab, Mob Lawyer (1994) (identifying Mafia bosses
[5787]who planned JFK's assassination); Harold Weisberg, Frame-Up: The Martin Luther
[5788]King/James Earl Ray Case (1971) (drawing a parallel between the JFK conspiracy
[5789]and the "framing" of James Earl Ray in Dr. King's murder).
[5791]n7. See Open Secrets (Coalition on Political Assassinations, Washington,
[5792]D.C.), Aug. 1994. ;
[5794]ns. See John Hanchette, JPK Conspiracy Theorists Announce October Convention,
[5795]Gannett News Service,” Sept. 26, 1994, available in 1994 WL 11247865); Washington
[5796]Daybook; Today’s Headliners, Wash. Times, Oct. 20, 1995, at Ail. -;
[5798]n9. JFK (Warner Bros. 1991).
[5800]niO. See David Ansen, A Troublemaker for Our Times, Newsweek, Dec. 23, 1991,
[5801]at 50; Robert Brustein,:- JFK, New Republic, Jan. 27, 1992, at 26, available in
[5802]LEXIS, Nexis Library, Magazine File; Richard Corliss, Who Killed JFK?, Time,
[5803]Dec. 23, 1991, at 66, available in 1991 WL 3116696; Stuart Klawans, JFK, Nation,
[5804]Jan. 20, 1992, at 62, available in LEXIS, Nexis Library, Magazine File; John
[5805]Simon, JFK, Nat'l Rev., Mar. 2, 1992, at 54, available in LEXIS, Nexis Library,
[5806]Magazine File; Jay Carr, Oliver Stone's "JFK' Fights the Right Fight, Boston
[5807]Globe, Dec. 20, 1991, Arts & Pilm at 53. available in 1991 WL 7514478; Renee
[5808]Loth, Oliver Stone's "JFK' Reopens Old Wounds in a Society That Often views Life
[5809]Through Pop Culture: Film May Force Reexamination, Boston Globe, Dec. 22,1991,
[5810]at Al9, available in 1991 WL 7514694; Kenneth Turan, "JFK': Conspiracy in the
[5811]‘Cross Hairs, L.A. Times, Dec. 20, 1991, at F2, available in 1001 WL 2190625;
[5812]Crossfire (CNN television broadcast, Dec. 23, 1992), available in LEXIS, Nexis
[5813]Library, Transcript File.
[5815]nii. Nixon (Walt Disney 1995).
[5817]nl2. See Stanley Kauffmann, Cast of Character, New Repubiic, Jan. 22, 1996,
[5818]at 26; Christopher Sharrett, Nixon, USA Today, May 1996, Magazine at 49; Jay
[5820]13-00000
[5822]_ APR @4 ’97 18:82AM , 7 P.5744 .
[5823]‘ - PAGE s ,
[5824], 56 Md. L. Rev. 1, *3
[5825]@ B ; )
[5826]Carr, Baring the Heart of Nixon, Boston Globe, Dec. 20, 1995, Arts & Film.at 33,
[5827]available in 1995 WL 5966891; Stephen Hunter, Resurrecting Nixon, Balt. Sun,
[5828]Dec. 20, 1995, at 1E£, available in LEXIS, News Library, Majpap File; Barbara
[5829]Shulgasser, “Nixon': It Has All the Charm of a Lab Rat, San. Fran. Examiner,
[5830]Dec. 20, 1995, at C1, available in LEXIS, Nexis Library, Newspaper File; Kenneth
[5831]Turan, "Nixon,' the Enigma, L.A. Times, Dec. 20, 1995, at Fl, available in , Pa
[5832]LEXIS, News Library, Lat File; Crossfire (CNN television broadcast, Dec. 27, °
[5833]1995), available in LEXIS, Nexis Library, Transcript File.
[5835]- This Article addresses the Kennedy murder, generally; the work of the
[5836]Assassination Records Review Board, primarily; n13 and issues of secrecy and -
[5837]openness in government, specifically. In short, the Article considers the
[5838]competing values of openness and secrecy in government. n1é¢ Gaining access to
[5839]secret documents is vital, but one must consider the cost of broken. confidences
[5840]to our security. A sense of conflict between these views inspired this ‘ArticYé. ©
[5842]‘n13. The author sits as a member of the Assassination Records Review Board. .
[5843]The views expressed herein are solely those of the author. They do not represent
[5844]the views of the other members of the Board.
[5846]; The other members of the Board are the Honorable John R. Tunheim, United
[5847]States District Judge, District of Minnesota; Henry Graff, Professor Emeritus,
[5848]Columbia University; William Joyce, Rare Books Librarian, Firestone Library,
[5849]Princeton University; and Anna K. Nelson, Adjunct Professor of History, American
[5850]University. - * aoe
[5852]The Assassination Records Review Board will hereinafter be referred to as the
[5854]"JFK Board" or the "Board." L wee
[5855]Throughout this Article, references are made to the views of the various
[5857]intelligence agencies. These references are based upon the. author's knowledge of
[5859]these representations made to the Assassination Records Review Board, the
[5861]context of which remains classified-
[5863]nl4. See generally Benjamin S. DuVal, Jr., The Occasions of Secrecy, 47 U.
[5864]Pitt. L. Rev. 579, 583 (1986) (arguing that secrecy issues "present a
[5865]fundamentally different problem in terms of first amendment theory than those
[5866]that have been central to the development of first amendment jurisprudence" and
[5867]that "society is distinctly ambivalent about the benefits of increased
[5868]knowledge") .
[5870]yt r t errete - - -End Footnotes- eee errr ee sere
[5871]I..The Warren Commission
[5873]The Warren Commission and its report stand at the center of almost 4112 Kennedy
[5874]conepiracy theories. niS A year after the assassination, the Report was issued
[5875]by seven sober-minded Americans, headed by Chief Justice Earl Warren. nlé
[5876]Initially, the Report, which concluded that Oswald was the lone assassin, n17
[5877]received strong support. Polling data indicates that prior to the Report's
[5880]_ , APR 84 ’97 10: @1AM . . P.6/44
[5881]PAGE 6
[5882]56 Md. L. Rev. 1, *4
[5883]SE 4 .
[5885]velease, only twenty-nine percent of the public believed that Oswald was solely
[5886]responsible for the assassination of President Kennedy; following its release a
[5887]year later, in 1964, that number increased to eighty-seven percent. However, two.
[5888]years later, in 1966, only thirty-six percent of Americans indicated they
[5889](*5] believed the Report. n18 By the time JFK opened in the movie houses of
[5890]America, nl9 public confidence in the Commission's Report had.sunk even further, .
[5891]with about seventy percent of Americans concluding that Oswald did not act a
[5892]alone. n20 The movie, therefore, tapped a deep wellspring of distrust of the
[5893]Report rather than, as is sometimes implied, n21 fostered it.
[5895].nlS. See President's Commission on the Assassination of President Kennedy,
[5896]Report of the President's Commission on the Assassination of President John F.
[5897]Kennedy (1964) {hereinafter Warren Commission Report].
[5899]nlé. The members of the Warren Commission were Chief Justice Earl Warren,._
[5900]‘Senator Richard B. Russell, Senator John Sherman Cooper, Representative Hale-* 2
[5901]Boggs, Representative Gerald R. Ford, Allen W. Dulles, and John Jd. McCloy. See a
[5902]id. at v.
[5904]ni7. “On the bagis of the evidence before the Commiesion it concludes that
[5905]Oswald acted alone." Id. at 22.
[5907]nis. These figures are based on CBS and Gallup polling data recapitulated in
[5908]a poll released a week, before the thirtieth anniversary of the assassination.
[5909]See Nine Out of 10 Americans Doubt Oswald Acted Alone, Reuters, Nov. 15, 1993,
[5910]available in LEXIS, News Library, Wires File; see also Max Holland, The Key to
[5911]’ the Warren Report, Am. Heritage, Nov. 1995, at 50, 52 ("Prior to [the Report's]
[5912]velease, a Gallup poll found that only 29 percent of Americans thought Oswald
[5913]had acted alone, afterward 87 percent believed so.").
[5915]n19. See JFK; supra note 9:°°>°°. - >>
[5917]n20. See 62% in Poll Say the Truth Wasn't Told in JFK Death: Seven of 10
[5918]Suspect There Was a Conspiracy, Buff. News, Nov. 22, 1993, at 1, available in
[5919]1993 WL 6126092 ("Seven in 10 Americans suspect a conspiracy, and those who were
[5920]young on November 22, 1963, are especially likely to be among the 82 percent who
[5921]believe the truth has not been told. In keeping with many recent polls that show
[5922]Americans are distrustful toward government, 78 percent think there was an.
[5923]official coverup."). Indeed, there is now a much more conspiracy-minded attitude
[5924]toward the assassination than there wae even 15 years ago. See id.
[5926]n21. See, e.g., Brustein, supra note 10 ("Viewers of JFK ... might find
[5927]themselves shaken in their views of government, society, the media.").
[5929]_ Bventa between 1964 and 1992 did much to undermine trust in the Warren
[5930]Commission Report. An assassination research community quickly appeared, raising
[5931]troubling questions about the Report and propagating theories of conspiracy. n22
[5932]Booka entitled Whitewash, n23 Contract on America, n24 Conspiracy, n25 and Rush
[5933]to Judgment n26 eroded the credibility of the Commission's findings. n27
[5934]President Kennedy's murder, moreover, was only one of several prominent
[5935]political killings. Aseaseins also gunned down Robert F. Kennedy, Martin
[5937]13-00000
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[5940]PAGE 7
[5941]56 Md. L. Rev. 1, *5
[5942]ca A
[5943]Luther King, Jr., and Malcolm X and gravely wounded Governor George C. Wallace.
[5944]n28 [*6] At the same time, the American government resorted to deception to
[5945]disguise its policy failures. n29 The nation fought and lost a bloody conflict
[5946]in Southeast Asia - an undeclared war fostering doctored casualty reports; n30
[5947]secret missions into Cambodia and Laos; n31 purported attacks on the destroyers,
[5948]Maddox and C. Turner Joy; n32 and President Richard Nixon's "secret plan" to end
[5949]the war. n33 The plan took five years, cost many thousands of additional :
[5950]American and Vietnamese [*7] lives, and left our former allies in the South
[5951]to the tender mercies of their northern opponents. n34
[5953]Pad
[5955].n22. See Posner, supra note 6, at 412-19 (describing the "network of amateur
[5956]gleuths" who checked the accuracy of the Warren Commission Report and challenged |
[5957]its conclusions) .
[5959]23. Harold Weisberg, Whitewash (1965) (stating that the Warren Commission
[5960]aid not consider any alternatives to Oswald as sole assassin).
[5962]n24. David E. Scheim, Contract on America: The Mafia Murders of John and
[5963]Robert Kennedy 263 (1983) (concluding that the Mafia killed President Kennedy) .
[5965]n25. Anthony Summers, Conspiracy 523 (1980) (calling for a new
[5966]investigation) . ;
[5968]n26. Lane, supra note 6.
[5970]n27. See Weisberg, supra note 23, at 189 ("In writing this book, the author
[5971]has had but one purpose. That was to show that the job assigned to and expected
[5972]of the President's Commission on the Assassination of John F. Kennedy has not
[5973]been done."); Scheim, supra note 24, at 2-3 (finding that "evidence that
[5974]established {Jack Ruby's] criminal ties has been repeatedly suppressed or
[5975]distorted by the Warren Commission"); Summers, supra note 25; Lane, supra note
[5976]6, at 378 ("The Report of the President's Commission on the Assassination of
[5977]President Kennedy is less a report than a brief for the prosecution.").
[5979]n28. See D'Army Bailey, Mine Eyes Have Seen: Dr. Martin Luther King, Jr.'s
[5980]Final Journey (1993) (providing a pictorial account of King's final journey to
[5981]Memphis); George Breitman et al., The Assassination of Malcolm X (1976) (arguing
[5982]that the CIA and FBI participated in the assassination of Malcolm X); Karl
[5983]Evanzz, The Judas Factor: The Plot to Kill Malcolm X (1992) (concluding that
[5984]government agencies were involved in the assassination); Gerold Frank, An
[5985]American Death: The True Story of the Assassination of Dr. Martin Luther King,
[5986]gx. (1972) (concluding that James Barl Ray alone killed King): Michael Friedly,
[5987]Malcolm X: The Assassination (1992) (concluding that Muslims killed Malcolm X);
[5988]Robert Blair Kaiser, "R.F.K. Must Die!" (1970) (exploring various conspiracy .
[5989]theories); Three Assassinations: The Deaths of John & Robere Kennedy and Martin
[5990]Luther King (Janet M. Knight ed., 1971) (providing "a factual account of the
[5991]assassinations" based on "Facts on Pile, the press, and U.&. government
[5992]studies"); Stephan Lesher, George Wallace (1994) (describing Arthur Bremer's
[5993]attempt on Wallace's life); Philip H. Melanson, The Robert F. Kennedy
[5994]Assassination 13 (1991) (concluding that Sirhan Sirhan was "hypnotically
[5995]programmed to attack [Robert F.] Kennedy"); Philip Melanson, Who Killed Martin
[5996]Lurher King? (1993) (calling for an investigation of possible CIA and FBI
[5997]involvement); Dan E. Moldea, The Killing of Robert F. Kennedy 323 (1995)
[5999]13-00000
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[6004]56 Md. L. Rev. 1, *7
[6005]w A .
[6006](concluding that Sirhan Sirhan assassinated Robert F. Kennedy to prove “that he
[6007]still had his nerve"); William W. Turner & John G. Christian, The Assassination
[6008]of Robert F. Kennedy (1978) (claiming that there was a conspiracy); Weisberg,
[6009]supra note 6 (concluding that James Zarl Ray was framed for the assassination of
[6010]Martin Luther King, Jr.).
[6012]n29. Regarding the government's use of intelligence materials in the Vietnam ~~
[6013]War and the bogus nature of much of the reporting about the War, see Sam Adams,
[6014]War of Numbers (1994); Edward S. Herman & Richard B. DuBoff, America's Vietnam
[6015]Policy: The Strategy of Deception 79 (1966); John M. Newman, JFK and Vietnam:
[6016]Deception, Intrigue, and the Struggle for Power 206-22 (1992); John Prados,
[6017]Presidents' Secret Wars 239-325 (1986); L. Fletcher Prouty, JFK: The Cia,
[6018]Vietnam, and the Plot to Assassinate John F. Kennedy 42-117 (1992); Peter Dale
[6019]Scott, The War Conspiracy: The Secret Road to the Second Indochina War 51-75
[6020](1972); Neil Sheehan et al., The Pentagon Papers As Published by the New York
[6021]Times 241-78 (1971); Sedgewick Tourison, Secret Army, Secret War (1995).
[6023]With regard to false "body counts," see Loch K. Johnson, America's Secret *
[6024]Power 60~62 (1989); Gabriel Kolko, Anatony of a War 195-96 (1985); Newman,
[6025]supra, at 288-89, 298-99.
[6027]“
[6029]n30. See Vance Hartke, The American Crisis in Vietnam 100-02 (1968); Herman &
[6030]DuBoff, supra note 29, at 122-23; Seymour Hersh, Cover-Up (1972);.Kolko,. supra
[6031]note 29, at 195-96; Major Problems in the History of the Vietnam War (Robert J.
[6032]McMahon ed., 2d ed. 199S5);' Newman, supra note 29, at 229-34.
[6034]n31. See Noam Chomsky, At War with Asia 117-258 (1970); Credibility Gap: A
[6035]Digest of the Pentagon Papers 84-64 (Len Ackland compiler, 1972); Frances
[6036]FitzGerald, Fire in the Lake 123, 264 (1972); Bruce Palmer, Jr., The 25-Year War
[6037]92, 95-116 (1984).
[6039]n32. See Theodore Draper, Abuse of Power 63-65 (1967); George C. Herring,
[6040]America's Longest Waxy 134 (3d ed. 1996); Robert S. McNamara & Brian VanDeMark,
[6041]In Retrospect: The Tragedy and Lessons of Vietnam 132-34 (1995).
[6043]n33. See Herring, supra note 32, at 244-47; Stanley Karnow, Vietnam: A
[6044]History 582-83 (1983). .
[6046]n34. See Herring, supra note 32, at 282-83; Stanley I. Kutler, The Wars of
[6047]Watergate 9-10, 80 (1990).
[6051]The government's penchant for secrecy fueled the public's corrosively |
[6052]eynical view of politics and politicians. During the Watergate investigation,
[6053]President. Nixon proclaimed to the nation that he was “not a crook," n35 but he
[6055]soon abandoned the Oval Office and joined his disgraced vice president n36 in
[6056]private life. n37 In one of the great ironies of modern American politica, the
[6057]instrument of Nixon's downfall was a secret recording system installed in the
[6058]White House. 038 What was supposed to be a tool to record reliably the
[6059]President's triumphs became the chief means of exposing the Watergate cover-up.
[6062]13-00000
[6064]. » APR @4 °97 10:82AM . ,  P.9744
[6065]. ' PAGE 9
[6066]S6 Md. lL. Rev. 1, *7
[6067]we bh
[6068]n35. Question-and-Answer Session at the Annual Convention of the Associated
[6069]Press Managing Editor's Association, Orlando, Fla., 1973 Pub. Papers 946, 956
[6071](Nov. 17, 1973).
[6073]n36. Vice President Spiro T. Agnew resigned on October 10, 1973, after
[6074]entering a plea of nolo contendre to a federal charge of tax evasion. See “
[6075]Kutler, supra note 34, at 397-98. ;
[6077]n37. See id. at 532, S40, 544-45, 547-50, 620.
[6078]n36. See id. at 452.
[6079]n39. See id. at 287, 314-15, 324-25, 368-69, 447-49.
[6082]. Under such circumstances, the Warren Commission's Report would have been: _
[6083]subjected to reevaluation even if it had been compiled perfectly. Purthermord, :
[6084]because the Warren. Commission labored at the height of the Cold War; n40 the
[6085]Commissioners adopted a strategy that depended on implicit public trust. The
[6086]Cold War environment combined with other circumstances to handicap the Warren
[6088]Commission and eventually to erode that public trust in five significant ways.
[6090]n40. See Holland, supra note 18, at 52.
[6093]First, the Commission had access to an enormous amount of information. not
[6094]otherwise accessible to the American press and public. n41. This information was
[6095]secret, top secret, and beyond, much of it compartmentalized cryptologic and
[6096]signal intelligence material dealing with the Soviet Union, Cuba, and other
[6097]foreign governments, such as Communist China. n42 Because of the enormous Cold
[6098]War paranoia, as well as the requirement to maintain tight secrecy around the
[6099]sources and methods used to collect this information, the Commission could not
[6100]argue its case fully to the American people. When the research community
[6101]assexted that the government itself had been im- [+e] plicated in the
[6102]assassination, n43 the evidence.that the Commission had used to discount such a
[6103]possibility was available only to the government charged with having abetted the
[6104]crime. The cost of secrecy was uncertainty, an uncertainty that turned to ,
[6105]cynicism, much of it based on theories about the assassination that gained
[6106]-legitimacy simply because they could not be tested against the appropriate
[6107]evidence. ; ;
[6109]n4i. See Hurt, supra note 6, at 432-33.
[6110]n42. See Holland, supra note 18, at 64.
[6111]n43. See, e.g., Harold Weisberg, Whitewash II: The FBI-Secret Service Coverup
[6113]125 (1996) (concluding that “the FBI and the Secret Service are not innocent" in
[6114]the Warren Commission investigation) .
[6116]13-00000
[6118], APR @4 ’97 10:02AM P. 18744
[6119], PAGE 10
[6120]56 Md. L. Rev. 1, *8
[6122]Second, although the Commission had access to some high-quality intelligence
[6123]information, it did not receive everything. The CIA, FBI, and Attorney General
[6124]Robert F. Kennedy failed to reveal information that would have helped identify a
[6125]motive for a conspiracy. n44 The failure to disclose all information to the :
[6126]Commission was particularly damaging because of the distinguished character of
[6127]its seven members. n4S Its chairman was Chief Justice Earl Warren, a person
[6128]noted for probity and fairness. n46 The Commission was really divided into two
[6129]‘subgroups. Four of the members - Warren, Hale Boggs, Gerald Ford, and John -
[6130]Sherman Cooper - had relatively little experience with intelligence matters;
[6131]however, the other three - Richard Russell, Allen Dulles, and John J. McCloy -
[6132]were fully conversant with national security issues and the sources and methods
[6133]used by the intelligence services. n47 ,
[6135]n44. See Warren Hinckle & William W. Turner, Deadly Secrets: The CIA-Mafia~
[6136]War Against Castro and the Assassination of JFK 16-17, 264-71, 403 (1992)
[6137](hereinafter Hinckle & Turner, Deadly Secrets]; Warren Hinckle & William W.
[6138]Turner, The Fish Is Red: The Story of the Secret War Against Castro 228-31, 336
[6139](1981) (hereinafter Hinckle & Turner, The Fish Is Red]; Newman, supra note 67
[6140]Prados, supra note 29, at 211-17; Holland, supra note 18, at 62.
[6142]n4S. See supra note 16.
[6144]n4a6. President Kennedy wrote that Warren had “borne fhis] duties and.
[6145]responsibilities with unueual integrity, fairness, good humor and courage." Jim
[6146]Marrs, Crossfire: The Plot That Killed Kennedy 463 (1989) (quoting letter from
[6147]President John F.. Kennedy’ to Chief Justice Earl Warren) . .
[6149]n47. See Holland, supra mote 18, at 52.
[6151]The Commission's success depended, in part, on the abilicy of the three
[6152]intelligence-savvy members to raise the right questions. They seem not to have
[6153]done so. For example, the Commission never discovered the existence of Operation
[6154]MONGOOSE, n48 a covert scheme concocted by President Kennedy and his brother,
[6155]Attorney General {*9] Robert F. Kennedy, to assassinate Fidel Castro with —
[6156]the help of. organized crime. n49 When these plans reached the public several -
[6157]years later, critics of the Warren Commission had a field day. nS0O The
[6158]Commission's conclusion that a foreign government lacked a sufficient motive to
[6159]murder the President now crumbled. nS51 Indeed, the Commission looked silly and,
[6160]even worse, to be a part of the plot because its. critics could plausibly assert .
[6161]that its distinguished members should have guessed at such a possibility.
[6163]n48. See Senate Select Committee to Study Governmental Operations with
[6164]Respect to Intelligence Activities, Alleged Assassination Plots Involving
[6165]Foreign Leaders, S. Rep. No. 94-465, at 139-46 (1975) (hereinafter Church
[6166]Committee]. Operation MONGOOSE was initiated by the United States government in
[6167]1962 as a covert action program to overthrow Castro, the Cuban leader. See id.
[6169]13-00000
[6171], . APR 84 97 18:83AM - Pelivad
[6173]PAGE a1
[6174]5 56 Md. L. Rev. 1, *9
[6175]ca ;
[6176]na9. See Church Committee, supra note 48, at 139-46; Hinckle & Turner, The
[6177]Fish Is Red, supra note 44, at 20, 111-26; Holland, supra note 18, at 62.
[6179]n50. Even President Johnson expressed his belief that Castro could have
[6180]planned Kennedy's assassination ‘in retaliation. See Hurt, supra-note 6, at 31
[6181](citing interview with Lyndon B. Johnson; The CBS Evening News with Walter oy
[6182]Cronkite (CBS television broadcast, Apr. 25, 1975)). . ,
[6184]nS1. See id.
[6187]- Third, in. appointing the Commission, President Lyndon Johnson had one goal:
[6188]to check rumors that the assassination was a Communist plot. n52 Johnson — ,
[6189]appropriately feared that Kennedy's murder could precipitate World War Itz, 153
[6190]Oswald's time in the Soviet Union and his trip to visit the Soviet Embassy. in
[6191]Mexico City just weeks before the murder pointed to Communist intrigue. n54 Si .
[6192]concerns were amplified because Oswald had identified himself with:the Fair Pla: ay: 3
[6193]for Cuba Committee, an organization openly supportive of Castro and “sharply
[6194]critical of Kennedy's Cuba policy... n55 Thus, the Commission was under enormous
[6195]pressure to produce an answer that discounted foreign influence. n56
[6197]nS2. See Holland, supra note 18, at 52.
[6198]nS3. See id. at $6-57.
[6199]ns4. See id. at $7.
[6201]nS§. See id. at S56; see also Warren commission Report, supra note ‘4s, at
[6202]290-92 (finding that Oswald purportedly distributed ‘pamphlets on behalf of the
[6203]Fair Play for Cuba Committee, but also finding that Oswald exaggerated the
[6204]extent of his involvement) . .
[6206]nS6. See Holland, supra : note 18, at 57.
[6208]Fourth, as the science of forensic analysis hae progressed over the past
[6209]three decades, questions have inevitably arisen about the Warren Commission's
[6210]conclusions involving the President's body, n57 the alleged murder weapon, n58
[6211]the number and sequencing of the shots [*10] fired at the President, n59 and
[6212]the condition of the so-called "magic bullet," which passed through the —
[6213]President and Governor John, Connally with a minimum amount of damage. n60 We now
[6214]know that the autopsy performed on the President was problematic, both in
[6215]technique and organization. nél Yet, the Commission relied on it. On. other
[6216]matters, new forms of analysis have been generally supportive of the
[6217]Commission's findings; although it now appears that the sequencing of the shots
[6219]' fired in Dealey Plaza was somewhat different from that described by the
[6220]Commission. n62 Ironically, even when the lateat techniques cor- (*11] .
[6221]roborate the Commission's findings, the result has not been greater confidence
[6222]in those findings, but rather, a belief that the Commission got it wrong instead
[6223]of almost getting it right. né3
[6225]13-00000
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[6228]PAGE 12
[6232]S6 Md. L. Rev. 1, *11
[6234]n57. See Warren Commission Report, supra note 15, at 19 ("President Kennedy
[6235]was first struck by a bullet which entered at the back of his neck and exited
[6236]through the lower front portion of his neck, causing a wound which would not
[6237]necessarily have been lethal. The President was struck a second time by a bullet -
[6238]which entered the right-rear portion of his head, causing a massive and fatal
[6239]wound.").
[6241]n58. See id. at 81 (stating that the rifle found on the sixth floor of the
[6242]Texas School Book Depository "was identified by the FBI as a 6.5-millimeter
[6243]model 91/38 Mannlicher-Carcano rifle").
[6245]n59. See id. at 111 (finding that “(a) one shot. passed through the
[6246]President's neck and then most probably passed through the Governor's body, (b)
[6247]a subsequent shot penetrated the President's head, (c) no other shot struck any
[6248]part of the automobile. and (d) three shots were fired.... The evidence is +. _
[6249]inconclusive as to whether it was the first, second, or third shot, which as
[6250]missed."). -
[6252]-n60. See id. at 79 ("A nearly whole bullet was found on Governor Connally's
[6253]stretcher at Parkland Hospital after the assassination.").
[6255]n6l1. See Greden & Livingstone, supra note 6, at 3.
[6257]né2. See Charles J. Sanders & Mark S. Zaid, The Declassification of Dealey
[6258]Plaza: After Thirty Years, a New Disclosure Law at Last May Help to Clarify the
[6259]Facts of the Kennedy Assassination, 34 S. Tex. L. Rev. 407 (1993) .
[6261]' The so-called “magic bullet" or "single bullet" theory has been the subject
[6262]of intense debate. See, e.g., Bdward Jay Epstein, Inquest: The Warren Commission
[6263]and the Establishment of Truth 115-26 (1966) (criticizing the single bullet .
[6264]theory as based on a "misinterpretation" of ballistics testimony, the “extremely
[6265]tenuous findings of the wound ballistics test," and the omission of conflicting
[6266]testimony) ; Marshall Houts, Where Death Delights: The Story of Dr. Milton
[6267]Helpern and. Forensic Medicine 62-63 (1967) (concluding that a.single bullet
[6268]could not have penetrated seven layers of "tough human skin" in addition to soft
[6269]tissue and bones); Hurt, supra note 6, at 61-86 (arguing that results of the
[6270]spactrographic examination and neutron activity analysis did not support. the
[6271]single bullet theory); Michael Kurtz, Crime of the Century 175-76, 180-81 (1982)
[6272](criticizing the single bullet theory in light of the condition of the bullet
[6273]and the deficiencies in the neutron activity analysis tests); Lane, supra note
[6274]6, at 69-80 (concluding that the angles of impact and the condition of the
[6275]bullet found at Parkland Hospital invalidated the single bullet theory) ; Raymond
[6276]Marcus, The Bastard Bullet: A Search for Legitimacy for Commission Exhibit 399,
[6277]1-77 (1966) (concluding that bullet 399 “was never fired at any human target"
[6278]and that the bullet wae "planted® on the hospital stretcher); Marrs, supra note
[6279]46, at.368-71 (concluding that findings from Kennedy's autopay conflicted with
[6280]the single bullet theory); Sylvia Meagher, Accessories After the Fact: The
[6281]Warren Commission, the Authorities, and the Report 27-35, 137, 167-70, 461
[6282](1967) (concluding that the single bullet cheory is weak because, of the three
[6283]doctors whose testimony supports the theory, one retracted his original opinion,
[6284]the second qualified his testimony, and the third was never shown the Zapruder
[6285]film or the stretcher bullet); Bonar Menninger, Mortal Error: The Shot That
[6286]Killed JFK 29-43. (1992) (arquing that the single bullet theory is inconsistent
[6288]13-00000
[6290]_ APR @4 ’97 18:83AM P.13744
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[6293]56 Md. L. Rev. 1, *11
[6294]R's
[6296]with eyewitness accounts and photographic evidence); F. Peter Model & Robert J.
[6297]Groden, JFK: The Case for Conspiracy 61-77 (1977) (concluding that the angle of
[6298]impact and the pristine condition of the bullet made the single bullet theory
[6299]impossible); Posner, supra note 6, at 317, 326-35, 474, 477-79 (relying on "the
[6300]latest computer and film-enhancement technology" to conclude that a single
[6301]bullet could cause both Kennedy's and Connally's wounds, and that a single
[6302]bullet could have been fired from the sixth floor of the Texas School Book
[6303]Depository); Howard Ruffman, Presumed Guilty 53, 131-48, 226 (1975) (concluding
[6304]that bullet 399 did not cause Kennedy's injuries); Summers, supra note 25, at
[6305]67-71 (concluding that the pristine condition of the bullet invalidated the.
[6306]single bullet theory); Josiah Thompson, Six Seconds in Dallas: A Micro-Study of
[6307]the Kennedy Assassination 9, 30, 38, 56, 59-71, 75, 77, 196, 201-09, 213-14
[6308](1967) (concluding that the single bullet theory is wrong because none of the
[6309]shots missed and because the bullet did not go all the way through Kennedy's a
[6310]neck); Luis Alvarez, A Physicist Examines the Kennedy Assassination Film, ¢4 Am.
[6312]J. Physics 813-19 (1976) (using motions of Zapruder's camera to detezmine the
[6313]number of shots fired); John Nichols, The Wounding of Governor John Connally.of
[6314]Texas: November 22, 1963, Md. St. Med. J., 58, 76-77 (Oct. 1977} (concluding <7 _
[6315]‘that there was no bullet fragment embedded in Connally's thigh and that, — OO
[6316]therefore, the single bullet theory is wrong); Nova: Who Shot President Kennedy?
[6317](PBS televieion broadcast, June 19, 1988); The Warren Report (CBS News
[6319]television broadcast, Part I, June 25, 1967).
[6321]Recent analysis has discounted the acoustical evidence brought forward in the
[6322]investigation of the House Select Committee on Assassinations. See infra note
[6323]63; Frontline: Who Was Lee Harvey Oswald? (PBS television broadcast, Nov. 16,
[6324]1993); Who Killed JFK: The Final Chapter (CBS television broadcast, Nov. 19,
[6325]1993). ,
[6327]n63. See House Select Committee on Assassinations, Report of the Select -
[6328]Committee on Assassinations, H.R. Rep. No. 95-1828 pt. 2 (1973). The House
[6329]Select Committee on Assassinations concluded that the acoustical evidence
[6330]established that a fourth shot was fired, and, therefore, there was a “high
[6331]probability" that two gunmen fired at President Kennedy. Id. at 65-79. The
[6332]Committee relied on analyses of a dictabelt recording of the Dallas police
[6333]channels. See id. at 66-67. Bolt Beranek and Newman Inc. performed the first
[6334]analysis and concluded - based on impulse patterns detected from the recording
[6335]and an acoustical reconstruction of the assassination - that there was a 50%
[6336]chance of a fourth shot from the Grassy Knoll. See id. at 66-72. Mark Weiss and
[6337]Ernest Aschkenasy performed a follow-up analysis for the Committee and concluded
[6338]that there was a. 95% chance there was a shot fired from the Grassy Knoll. See
[6339]id. at 72-75. But see Posner, supra note 6, at 240-42 (arguing that the House
[6340]Select Committee misinterpreted the acoustical evidence, and, therefore, it
[6341]"failed to establish the number of shots ... scientifically").
[6345]Fifth, the Warren Commission Report - all 688 pages of it - was the work of
[6346]lawyers, who not only dominated the Commission, but also its staff, the true
[6347]authors of the Report. né4 The final document. reads like a legal brief
[6348]supporting the argument that Oswald committed the crime. The Report ought to
[6349]have been a dispassionate analysis of all of the implications surrounding the
[6350]murder, some of which the Commission itself had no knowledge. n6S Instead, the
[6351]Report was a mound of facts that obscured the issue of Oswald's motivation and
[6352]portrayed him as a sullen, dysfunctional, and troubled loner. né6 By
[6354]13-00000
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[6359]' sé Md. L. Rev. 1, *11
[6360]we b . ;
[6361]generating [*12} such a xeport, the Commission left open the opportunity for
[6362]critics to complain that Oswald was a patsy who did not act alone. n67 ;
[6364]né4. See Holland, supra note 16, at 57-58. oa
[6365]néS. See id.
[6367]n66. For example, the Report made the following findings with regard to
[6368]Oswald's character:
[6370]Many factors were undoubtedly involved in Oswald's motivation for the
[6371]assassination, and the Commission does not believe that it can ascribe to him
[6372]any one motive or group of motives. It is apparent, however, that Oswald was-,
[6373]moved by an overriding hostility to his environment. He dees not appear to have “
[6374]been able to establish meaningful relationships with other people. He was
[6375]perpetually discontented with the world around him.
[6377]Warren Commission Report, supra note 15, at 423.
[6379]n67. See, e.g., Marrs, supra note 46, at 91-112 (examining Oswald's life and
[6380]concluding that he was a spy for the United States); Posner, supra note 6, at
[6381]410-19 (describing the rash of criticism following the publication of the. Warren
[6382]Commission Report) .
[6384]The Report began to sink shortly after its xvelease. n68 Researchers used ite
[6385]massive details to challenge the Commission's. assumptions and findings. n69
[6386]However, the veil of secrecy thrown over the intelligence sources prevented the
[6387]Commissioners and their defenders from rebutting their detractors. n70 The
[6388]Commission's Cold War-induced commitment to secrecy inextricably linked its
[6389]seven members to the intelligence community, and when that community
[6390]subsequently came under attack, the Commission's reputation suffered as well.
[6393]nés. In 1966 a public opinion poll revealed that Americans doubted the
[6394]findings of the Warren Commission by.a margin of three to five. The public's
[6395]response is recounted in Meagher, supra note 62, at 463.
[6397]né9. See, e.g., Lane, supra note 6 (criticizing the Warren Commission's
[6398]interpretation of objective evidence in the Kennedy assassination); Lifton,
[6399]supra note 6 (discussing alternative interpretations of the Kennedy
[6400]assassination evidence); Meagher, supra note 62 (comparing raw evidence of the
[6401]Kennedy assassination with the presentation of that evidence in the Warren ,
[6402]Commission Report) .
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[6409]w ft .
[6411]n70. See supra notes 41-43 and accompanying text.
[6413]n71. See supra notes 40-47 and accompanying text.
[6415]II. Other Investigations of the Assassination
[6417]Between 1964 and 1979, the American intelligence services were subjected to
[6418]unparalleled scrutiny, much of it fueled by the CIA's and FBI's ties to the.
[6419]Watergate debacle and by revelations of domestic political surveillance by both
[6420]agencies and the military intelligence services. n72 There were three other
[6422]federal investigations that, in dealing with these issues, also addressed the
[6423]Kennedy assassination: in the mid-19708, the Rockefeller Commission, n73. the -
[6424]Pike Committee, n74 and [*13] the Church Committee n75 probed matters that
[6425]touched on matters relating to the assassination and provided, most
[6427]spectacularly, information about. Operation MONGOOSE. n76 Operation MONGOOSE R77
[6428]involved CIA plans to destabilize the Cuban government, murder Castro and other *
[6429]leadere of hostile foreign nations, and relied on organized crime to assist with ° %
[6430]both. n78
[6432]n72. For an example of the increased scrutiny of the CIA, see Victor
[6433]Marchetti & John D. Marks, The CIA and the Cult of Intelligence 4-12 (1974). See
[6434]generally Johnson, supra note 29 (discussing the problems of strategic
[6435]intelligence ina democratic society) .
[6437]n73. See Commission on CIA Activities Within the United States, Report to the
[6438]President by the Commission on CIA Activities Within the United.-States -(1975)
[6439](hereinafter Rockefeller Commission) - ;
[6441]n74. The Pike Committee Report to the House. Select Committee on Intelligence
[6442]was never officially released. However, the Village Voice reprinted a ,
[6443]substantial part of the Committee’s findings. See The CIA Report the CIA Doesn't
[6444]Want You to Read, Village Voice, Feb. 16, 1976 (Supp.); The Select Committee’s
[6445]Investigation. Record, Village Voice, Feb. 16, 1976, at 72; The Select
[6446]Committee's Oversight Experience, Village Voice, Feb. 23, 1976, at 60.
[6448]n7S. See Church Committee, supra note 46.—
[6450]n76é. According to Loch kK. Johnson, a series of articles by New York Times
[6451]reporter Seymour Hersh in December 1974 prompted the creation of all three
[6452]committees. See Johnson, supra note 29, at 3-4, 207-08. Hersh revealed, among
[6453]other abuses, that the CIA had compiled files on over 10,000 U.S. ‘citizens as
[6454]part of Operation CHAOS. See id. at 3.
[6456]To investigate Hersh's claims, President Gerald R. Ford created the
[6457]Rockefeller Commission, named after its chairman, Nelson Rockefeller. See
[6458]Rockefeller Commission, supra note 73, at ix; see also Exec. Order No. 11,828, 3
[6459]C.P.R. 933-34 (1975). The Senate created. a special committee chaired by Frank
[6460]Church. See Church Committee, supra note 48, at 1-3. (stating the Church .
[6461]‘Committee's mandate and scope of investigation) . Otis Pike, the chairman of the
[6462]House's standing committee on intelligence, investigated for the House. See
[6463]supra note 74. The Rockefeller Commission was. to decide: if the CIA had
[6465]13-00000
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[6469]56.Md. L. Rev. 2, *13
[6470]Se 4
[6472]violated 50 U.S.C. 403 (the statute creating the CIA), to determine whether
[6473]there were adequate safeguards to prevent activities that violated the statute,
[6474]and to make recommendations to the President and the director of the CIA. See
[6475]id. at x. The Commission was to issue ite final report within three months and
[6476]to terminate..one month after presenting ite report. See Exec. Order No. 11,828,
[6477]3 C.F.R. 933-34. The Commission found, inter alia, that: (1) the CIA's
[6478]surveillance of mail between the United States and the Soviet Union was illegal;
[6479]-(2) the declared mission of Operation CHAOS to determine foreign influence on
[6480]domestic dissidence was proper, but some activities exceeded the CIA's
[6481]authority; (3) the infiltration of dissident groups exceeded its authority. . See
[6482]Rockefeller Commission, supra note 73, at 20- 27.
[6484]‘The Church Committee was created by Senate Resolution 21 with a broad mandate
[6485]to determine if there were any "illegal, improper or unethical'" governmental
[6486]intelligence activities. Church Committee, supra note 48, at 1 (quoting S. Res.
[6487]21. 94th Cong. (1975)).
[6489]in his introduction to the Interim Report, Senator Church explained that: the.
[6490]Committee took up the investigation of assassination plots to continue the task 3
[6491]of the Rockefeller Commigsion. See id. at 2. The Church Committee investigated
[6492]murder plots against Lumumba, Castro, Trujillo, Diem, and Schneider. See id. at
[6493]4-5. With regard to Castro, it concluded that "United States Government
[6494]personnel plotted to kill Castro from 1960 to 1965." Id.
[6496]n77. See supra note 468.
[6498]n78. See Church Committee, supra note 46, at 4-5. The Church Committee
[6499]investigation revealed evidence that, from 1960 to 1965, the United States
[6500]’ government used underworld figures and anti-Castro Cubans in a plot to kill
[6501]Castro. See id. ae .
[6503]The most powerful of the post-Warren Commission inquiries was that made by
[6504]the House Select Committee on Assassinations. (HSCA), which in 1976 reopened. the
[6505]investigation that had been seemingly closed a dozen years earlier. n79 The
[6506]Committee, chaired by Congressman. Louis Stokes of Ohio, explored several
[6508]' Controversial areas of John F. Kennedy's assassination. along with those of his .
[6509]brother, Rob- [#14]. ert, and Reverend King. n80 The HSCA suffered from its
[6510]own limitations, which are beyond the. scope of this Article. n81 However, the
[6511]HSCA's conclusions, which now seem to be in question, held that. the Committee
[6512]could not rule out a conspiracy to kill the President. n82 This finding directly
[6513]challenged the Warren Commission. n83 For example, the HSCA believed that
[6514]advanced acoustical techniques demonstrated that there had been more than one
[6515]shooter in Dealey Plaza. n84 That analysis was subsequently. repudiated, n85 but
[6516]it was too late to counter the damage _ done to the Warren Commission's
[6517]eredibility. .
[6519]n79. See House Select Committee on Assassinations, Report of the Select
[6520]Committee on Assassinations, H.R. Rep. No. 95-1828, pt. 2, at 9 (1979)
[6521]thereinafter House Select Committee) - ;
[6523]13-00000
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[6530]n80. See id. at 10.
[6532]n81. See Hinckle & Turner, Deadly Secrets, supra note 44, at 271 (concluding
[6533]that the HSCA suffered from lack of. funding and that too much ‘time had passed
[6534]between the assassination and the Committee's investigation) .
[6536]né2. See House Select Committee, supra note 79, at. 95 (stating that the
[6537]Committee believed “on the basis of the evidence available to it that President
[6538]John F. Kennedy was probably assassinated as a result of a conspiracy").
[6540]n@3. See id. at 104-09.
[6541]“n84. See id. at 46-47, 65-79.
[6542]né5. See supra note 63.
[6543]i - -End Footnotes- - - - wee ee OT Re se
[6545]. The HSCA exhausted its funds before it could complete its tasks and left - — *
[6546]mounds of records behind, including those dealing with organized crime, which:
[6548]the HSCA had subpoenaed, but was unable to process. n86 Today these materials
[6550]are one of the chief objects of the Assassination Records Review. Board.
[6552]III. The Assassination Records Review Board
[6554]The findings of these investigations . ‘inspired Oliver Stoné's 1991 movie. n87
[6555]Without endorsing the. movie's sensational conclusions, many members of Congress
[6556]decided that the government's refusal to release classified information about
[6557]the assassination promoted an unhealthy level of distrust of government. ngé As
[6558]a result, Congress passed the John F. Kennedy Assassination Records Collection
[6559]Act of 1992 n89 (the JFK Act ox Act), which mandated the creation of a.
[6560]‘five-person Review Board. n90 The Act orders all federal agencies to assess
[6562]_ Whether they [*15] possess records relating to the assassination. n91 All
[6563]records that an agency deems as not suitable for immediate release ‘are subject
[6564]to the Board's évaluation. n92 All records identified as xvelating to the
[6565]assassination must be opened by October 26, 2017, with the. exception of records -
[6566]that the President certifies for continued postponement . n93
[6568]nég7. ‘See. JFK, supra note 9. This 1991 Warner Brothers movie “ fictionally
[6569]described the investigations into the ‘John F. Kennedy assassination. See id.
[6571]“nB8. See H.R. Rep. No. 102-625, pt. 1, at 10 (1992) (stating that unjustified
[6572]secrecy surrounding the assassination increases doubts and speculation and
[6573]"fuels a growing distrust ‘in the inetitutions of government") .
[6575]ne9. 44 U.S.C. 2107 (1994).
[6577]13-00000
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[6583]a .
[6584]n90. The legislative history and congressional discussion of the need for the
[6585]Board can be found in H.R. Rep. No. 102-625. pt. 1. at 6; H.R. Rep. No. 102-625,
[6586]pt. 2, at 7 (1992); H.R. Rep. No. 103-587, at 2 (1994). The law establishing the
[6587]Board is at 44 U.S.C. 2107(6) (1994) -
[6589]n91. 44 U.S.C. 2107(S) - a
[6590]n92. Id. 2107(7) (3).
[6592]n93. See Sanders & Zaid, supra note 62, at 419; Harold C. Relyea & Suzanne
[6593]Cavanaugh, President John F. Kennedy Assassination Records Disclosure: An
[6594]Overview, Congressional Research Service Report for Congress 13-17 (1993)
[6595](discussing which particular records can be postponed from release) .
[6599]The Act defines several categoxies of information for which disclosure may |
[6600]be postponed, including national security, intelligence gathering, personal“ ~
[6601]privacy, and presidential security. n94 However, because the Act declares a
[6602]“presumption of immediate disclosure,".the Board will not postpone the
[6603]dieclosure of material unless it is persuaded that there is “clear and
[6604]convincing evidence" of some harm that outweighs the public's interest. n95
[6606]ky etter er tre 7 7 2 s © #Footnotes- - - - - -- = =~ 7s es eee ree
[6607]n94..44 U.S.C. 2107(6).
[6609]n9S5. Id. 2107(2) (a).
[6611]Congress intended for the Board to oversee the opening to the public of a
[6612]substantial amount of material - perhaps in the millions of pages. n96 Congress,
[6613]therefore, clothed the Board with broad subpoena and other powers. n97 The Board
[6614]is without precedent in American history. with powers that reach far beyond, for
[6615]example, the Freedom of {*16) Information Act (FOIA). n98& The Board's only
[6616]task ig to make the public record of.one epic historical event as complete as
[6617]possible. n99
[6619]ngé. The congressional hearings surrounding the passage of the Act make clear
[6621]that Congress expected the Review Board to exercise its powers in favor of
[6622]opening materials. See The Assassination Materials Disclosure Act of 1992:
[6623]Hearing Before the Senate Comm. on Gov'tal Affairs on S.J. Res. 282, 102d Cong.
[6624](1992) [hereinafter Assassination Materials Disclosure Act I]; Assassination
[6625]Materials Disclosure Act of 1992: Hearings Before the Subcomm. on Econ. and
[6626]Commercial Law of the House. Comm. on the Judiciary on H.J. Res. 454, 102d Cong.
[6627](1992) [hereinafter Assassination Materials Disclosure Act. II]; Assassination
[6628]Materials Disclosure Act of 1992: Hearings Before the Legislation and Nat'l Sec.
[6630]- Subcomm. of the House Comm. on Gov't Operations on H.J. Res. 454, 102d Cong.
[6631](1982) [hereinafter Assassination Materials Disclosure Act III); The
[6632]Bffectivenesa of Public Law 102-526, the President John.F. Kennedy Assassination
[6633]Records Collection Act of 1992: Hearing Before the Legislation and Nat'l Sec.
[6634]Subcomm. of the House Comm. on Gov't Operations, 103@ Cong. (1993)
[6636]13-00000
[6638]. , PPR 84°97 10:06AM
[6639]a, PAGE 19.
[6640]56 Md. L. Rev. 1, *16
[6644]a7 B
[6646]{hereinafter Effectiveness of Public Law 102-526). The presumption was always to
[6647]be in favor of opening a document rather than postponing it, thus making
[6648]postponement the exception rather than the rule under the law. The Congress
[6649]could only guess at the scope of materials to be opened.
[6651]n97. 44 U.S.C. 2107(7) (j).
[6653]n98. 5 U.S.C. 552 (1994). For a discussion of the history and operation of.
[6654]the Freedom of Information Act (FOIA), see generally Patrick J. Carome & Thomas
[6655]M: Sueman, American Bar Association Symposium on FOIA 25th Anniversary, 9 Gov't |
[6657]Info. Q. 223 (1992).
[6658]‘n99. See Sanders & Zaid, supra note 62, at 417-18.
[6661]. Although the Board's mission is clear, in executing the law it continualay: ,,
[6662]confronts the powerful tensions generated by the principled claims of openness -
[6663]and secrecy. To choose is to lead, and the Board, in attempting to break new - -
[6664]ground in public disclosure, confronts some profound choices. Those choices have
[6665]to be informed, moreover, by a shrewd assessment of the public's right to know,
[6666]the public's need to have secrets vital to its national security protected, and
[6667]the intelligence services' duty to safeguard those secrets and the sources and
[6669]methods that produce them. n100
[6673]nloo. See DuVal, supra note 14, at 580-91.
[6675]The Board's most difficult choices involve the disposition of classified
[6676]intelligence documents. If a federal agency wants to open materials, it is not
[6677]the Board's duty to prevent it. Rather, the Board's most important task is to
[6678]decide what should not be opened immediately, in light of the Act's powerful
[6679]admonition that there be "clear and convincing evidence” in favor of
[6680]postponement. ni01 In simplest terms, the Board has to decide whether materials,
[6682]if opened, would reveal:
[6684]{A) an intelligence agent whose identity currently requires protection;
[6686](B) an intelligence source-or method which is currently utilized, or
[6687]reasonably expected to be utilized, by the United States Government and which
[6688]has not been officially disclosed, the disclosure of which would interfere with
[6690]the conduct of intelligence activities; or
[6692]13-00000
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[6697]-(C) any other matter currently relating to the military defense, intelligence
[6698]operations or the conduct of foreign relations of the United States, the
[6699]disclosure of which would demonstrably impair the national security of the
[6700]United States .... nl02
[6702]ni02. Id. 2107(6) (1) (A), (B), (C).
[6704]The Act provides other grounds for postponement. These include exposure of an ,
[6705]informant to a "substantial risk of harm," n103 exposure of a person to an
[6706]“unwarranted invasion of personal (*17) privacy," n104 the possibility of
[6707]compromising a relationship between a United States government agent and a ™
[6708]confidential source, n105 and the revelation of a security procedure used to: ae
[6709]protect the President. n106 oN
[6712]ni03. Id. 2107(6) (2).
[6713]n104. Id. 2107(6) (3).
[6714]10S. Id. 2107(6) (4).
[6715]nl06. Id. 2107(6) (5).
[6718]IV. Openness and Secrecy -. OriginalIntentions
[6720]History offers uncertain guidance about how the Board should weigh these grounds
[6721]for postponement against the public's interest in knowing the facts about the
[6722]assassination. The Framers of the United States Constitution did harbor doubts
[6723]about government, doubts precipitated by their experience in the English Empire.
[6724]n107 James Madison and Thomas Jefferson, among others, testified eloquently to
[6725]the proposition that public accountability was an appropriate measure of the
[6726]success of a republic. n108 Still, the Framera were also sophisticated statesmen
[6727]who valued secrecy in fostering the public good. n109 For example, the |
[6728]Philadelphia Convention of 1787 conducted its deliberations in secret without
[6729]any complete record of its debates. nii0 The Constitution provides for the
[6730]maintenance of an executive journal for both Houses of Congress and permits
[6731]government to publish its accounts and revenues from "time to time," rather than
[6732]on demand. niil Even more fundamental was President George Washington's ~
[6733]assertion of a broad degree of presidential discretion in dealing with foreign
[6734]velations, war, and peace. n112 In certain circumstances, secrecy could be
[6735]justified to attain ends superior to a completely in- - [*18] formed public.
[6736]Indeed, the Constitution's Preamble declares that insuring. "domestic
[6737]Tranquility" and providing for the “common defence" are objectives equal to
[6738]securing the "Bleasings of Liberty." 1113
[6740]13-00000
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[6744]h ‘56 Md. L. Rev. 1, *18
[6746]nl07. See generally 9 James Madison, The Writings of James Madison (Gaillard
[6747]Hunt ed., 1910) (photo. reprint 1971) (discussing how the Framers of the
[6748]Constitution were affected by their prior experiences with the English) .
[6750]nl08. Madison wrote, "A. popular Government, without popular information, or
[6751]the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or,
[6752]perhaps both. Knowledge will forever govern ignorance: And a people who mean to
[6753]be their own Governors, must arm themselves with the power which knowledge .
[6754]gives." Id. at 103. Jefferson.stated: "No ground of support of the Executive
[6755]will ever be so'sure as a complete knowledge of their proceedings by the people;
[6756]and it is only in cases where the public good would be injured, and because it
[6757]would be injured, that proceedings should be secret." Thomas Jefferson: Word for -
[6758]Word 409 (Maureen. Harrison & Steve Gilbert eds., 1993).
[6759]nl109. See Madison, supra note 107, at 104. : “me os
[6760]n110. See Thornton Anderson, Creating the Constitution 68-12 (1993); see also a8
[6761]William Peters, A More Perfect Union 22-38 (1987) (quoting Thomas Jefferson: "I
[6762]am sorry they begin their deliberations by so abominable a precedent as that of
[6763]tying up the tongues of their members.").
[6765]nlil. U.S. Const. art. I, S, cl. .3..
[6767]nlil2. See Refusal by President George Washington to Submit Confidential .
[6768]Correspondence with John Jay to the House of Representatives, March 30, 1796, in
[6769]William M. Goldamith, The Growth of Presidential Power 416-20 (1984).
[6771]-' na3. U.S. Const. preamble. The Preamble to the Constitution states in full:
[6773]We the People of the United States, in Order to form a more perfect Union,
[6774]establish Justice, insure domestic Tranquility, provide for the common defence,
[6775]promote the general Welfare, and secure the Blessings of Liberty to ourselves
[6776]and our Posterity, do ordain and establish this Constitution for the United
[6777]States of America. .
[6779]On the question of original intention, the evidence is mixed. Secrets were
[6780]at. once bad and useful, openness was an object to be pursued, but not at all
[6781]costs. Since 1787, the government has. become more rather than less accountable,
[6782]its secrets more rather than less readily accessible to its citizens. n114
[6784]nll4. See generally Daniel N. Hoffman, Governmental Secrecy and the Founding
[6785]Fathers: A Study in Constitutional Controls (1981) (stating that judicial
[6786]doctrines and legislative controls on political speech and publication have
[6788]13-00000
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[6792]PAGE 22
[6793]we 77 56 Md. L. Rev. 1, *18
[6795]toughened since 1787).
[6797]Vv. Openness and Secrecy - FOIA
[6799]For more than 190 years, the American public did not have a legal right to gain
[6800]access to information about its government. .nl15 All of that changed, however,
[6801]in 1966 when President Lyndon Johnson signed FOIA nll6é and thereby altered the
[6802]historical relationship between the federal government and the public. nii7 FOIA
[6803]presumes that government information is public information and is implemented by
[6804]‘the judicially enforceable requirement that all federal agency records be made
[6805]available promptly upon request, subject only to nine exemptions, which | are to
[6806]be narrowly construed. n118 ; .
[6808]nlis. The issue of openness. in government has. historically been framed in "
[6809]terme of the right of the government to keep secrets, rather than tHe right of . -
[6810]the public to have access to governmental records. See Seth F. Kreimer. Sunlight
[6811]Secrets and Scarlet Letterea: The Tension Between Privacy and Disclosure in
[6812]Constitutional Law, 140 U. Pa. L. Rev. 1 (1991). The movement towards greater
[6813]openness in the post-World War II period has been part of a broader movement in
[6814]the twentieth century to hold government accountable for its actione. See id. As
[6815]a result, since the progressive era of the early twentieth century, we have seen
[6816]the institution of public records, open meetings, and "sunshine laws." See id.
[6818]nlié. 5 U.S.C. 552 (1994).
[6820]nl17. The Act has come under criticism from both advocates of openness and
[6821]_ proponents of secrecy. See, e.g., Carome & Susman, supra note 96, at 223.
[6822](criticizing. the Act because the cost of implementation outweighs the benefits .
[6823]it is supposed to provide) ; Non-Denial: How Attitudes and Inertia Combine to
[6824]’ Subvert the Freedom of Information Act, Kiplinger Program Rep. 1-32 (Summer
[6825]1994) (discussing the success of FOIA'in providing Americans with a means of
[6826]acquiring information about their government) .
[6828]n1ié. 5 U.S.C. 552.
[6830]Critics of FOIA seldom doubt its good intentions, but they do doubt its
[6831]effectiveness, complaining that the cost of implementing it (#19) far
[6832]outweighs its supposed benefits. n119 The argument: against FOIA was perhaps best.
[6833]summed up by Justice Antonin Scalia.,. who described the statute as “the Taj Mahal
[6834]of the. Doctrine of Unanticipated Consequences, the Sistine Chapel of
[6835]Cost-Benefit Analysis ignored." n120 Critics like Justice Scalia charge that
[6836]FOIA harms the government's and the public's legitimate need for secrecy. n121
[6838]n119. See Carome & Susman, supra note 98, at 223; see aleéo supra note 117.
[6840]ni20. Antonin Scalia. The Freedom of Information Act Has No Clothes, 14 AEI
[6841]J. on Gov't & Soc'y 1026 (1982). ;
[6843]13-00000
[6845]APR @4 °97 19:07AM
[6847]£ 56 Md. L. Rev. 1, *19
[6849]Many o£ the most important documents relating to President Kennedy's murder
[6850]have been unobtainable through FOIA. n122 Nevertheless, FOIA and the
[6851]Assassination Records Review. Board. do share a common purpose: to break through
[6852]government's historical habit of classifying information that otherwise could -
[6853]and should - be open. n123
[6855]“n122. See Sanders & Zaid, supra note 62, at 4068 &n.2 (stating that without
[6856]the implemencacion of the President John F. Kennedy Assassination Records
[6857]Collection Act of 1952, the records concerning the assassination would remain
[6858]classified until the twenty-first century) .
[6860]ni23. See 44 U.S.C. 2107(b)' (2) (1994) (atating the purpose of the oreotaez “
[6861]John F. Kennedy Assassination Records Collection Act.of 1992); Carofie & Susman, ~
[6863]supra note 98, at 223 (discussing FOIA and the presumption that government.
[6864]“Anformation is public information) .
[6867]VI. The Business of Secrecy
[6869]Today, keeping information secret has become a massive industry in Washington.
[6870]nl24 According to. official estimates, the government took 6.3 million
[6871]Classification actions in 1994, creating an estimated 19 million pages of
[6872]‘information that only selected government officials can see. n125 More than
[6873]32,000 government workers are employed full-time to determine what should be
[6874]secret, what level of secrecy the material should have, and whether the
[6875]Gocuments should be classified. n1i26 The. government holds hundreds of millions
[6876]of pages of secret documents; indeed, the. precise number has gone beyond the.
[6877]government's ability to count. n127
[6880]nl24. See Ann Devroy,, Clinton Eases Government Secrecy Rules: Most
[6881]Declassification to Become Automatic, Wash. Post, Apr. 48, 199S, at Al.
[6882]available in LEXIS, News Library, WPost File.
[6883]ni2S. See id.
[6885]nl26.. See id.
[6887]nl27. See id.
[6889]Tne problem of what to do with classified documents is strangling some
[6890]government agencies. For example, consider the Department of Energy. nize .
[6891]Amexican makers of nuclear weapons have been classify- = [*20] ing virtually
[6892]everything for so long that the Energy Department now has more secrets than it
[6893]can handle. nl29 The Department has 100 million pages of documents that it
[6895]P.23744
[6897]13-00000
[6899]. APR @4 S97 10:07AM P.24744
[6901]: PAGE 24
[6902]h 56 Md. L. Rev. 1, *20
[6904]we
[6905]wants to review for possible release, but it does not. have the. resources to do
[6906]so. nl30 For more than fifty years, the Department followed a scheme of
[6907]classification that might best be called "classified at birth." nl31 Any
[6908]document generated was presumed secret until proved otherwise. n132 The
[6909]Department and its civilian contractors have literally lost track of what needs
[6910]to be kept quiet. nl133 Even more fundamental, what is genuinely in need of ty!
[6911]protection - the design of weapons and such - is lost in-an ocean of documents ~
[6912]no longer worthy of classified status (if they ever were). n134
[6916]nl26. See Matthew L. Wald, Millions of Secrets Burden Energy Agency, N. Y.
[6917]Times, Feb. 7, 1996, at A15, available in LEXIS, News Library, Nyt File.
[6919]nl29. See id.
[6921]ni30. See id. . ; . tm
[6922]nl31. Id. 7
[6924]nil32. See id.
[6926]n133. See id.
[6928]n1l34. See id.
[6930]In April 1995, the Clinton administration attempted to break this
[6931]Classification logjam. n135 The President issued-an executive order aimed at
[6932]opening government’s oldest secrets to public view, thereby reducing the number
[6933]of documents made secret and shortening the number of years they. remain
[6934]Classified. ni36 The primary element of the order is the automatic’
[6935]declassification without. review of most documents that are twenty-five years old
[6936]or older. n137 Previously. documents had remained classified indefinitely. n13s
[6937]Now, unless the documents fit into a group of narrow exceptions, they | will
[6938]automatically be open.to the public. n139
[6940]nl3S. See Exec. Order No. 12,958, 3 C.F.R. 333 (1995), reprinted . as amended
[6941]in 50 U.S.C. 435 (1996).
[6943]nl36. See id.
[6944]nl37. See id.
[6945]n136- See Devroy, supra note 124.
[6946]ni39. See id..
[6947]Sd i! "-End Footnotes- id
[6949]How well the new system will work remains to be seen. Presidents come and
[6950]presidents go, but the security bureaucracy remains. Not only do the
[6952]13-00000
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[6955]PAGE 2s
[6956]a t S56 Md. L. Rev. 1, *20
[6957]intelligence agencies grumble about having to make public that which is most
[6958]precious to them, but they argue that such declassification is costly and time
[6959]consuming, especially in an era of diminished resources. n140
[6961]ni40. See Tim Weiner, C.I.A. Ig Slow to Tell Early Cold War Secrets, N.Y.
[6962]Times, Apr. 8, 1996, at A6, available in LEXIS, News Library, Nyt Pile.
[6964].VII. The Board and the Intelligence Services
[6966]‘The JFK Act is an attempt not only to deal with the issue of public confidence- ..
[6967]in government, n141 but also to forge a model of how we might keep: from sinking ,
[6968]in our own secrets. Yet, the intelligence community reaists the opening of -
[6969]classified materials, even those that are now a third-of-a-century old. This
[6970]defiance is particularly ironic in the case of the Kenaedy assassination, in
[6972]that the intelligence agencies most troubled by the disclosures are the same
[6974]ones that most often figure in conspiracy theories. nl42 Disclosing materials
[6976]that the CIA and FBI want postponed might actually affirm that neither a foreign
[6977]“nor domestic conspiracy existed and demonstrate the vital role they played in
[6978]supporting American interests in the Cold War.
[6980]nl41. See Assassination Materials Disclosure Act I, supra note 96, at 1
[6981](opening statement of Chairman John Glenn) (observing that "disclosure of
[6982]information is the only reliable way to maintain the public trust and to dispel
[6983]distrust").
[6985]nl42, See, e.g., Exhibit Nine infra p. 54. As early as 1976, the CIA itself
[6986]acknowledged that “conspiracy theories have frequently thrown suspicion on our
[6987]organization." Id.
[6989]Congress never contemplated total disclosure, otherwise it would not have
[6990]created the JFK Board. nl43 Disclosure is an important public interest, but so
[6991]too is protecting sensitive information. n144 There are many occasions for
[6992]secrecy, For example, most deliberative bodies make a virtue of secrecy, because
[6993]it permits compromise by allowing individuals to make concessions without losing
[6994]face. nl45 The Supreme Court has observed: "Human experience teaches that those
[6995]who expect public dissemination of their remarks may well temper candor with a
[6996]concern for appearances and for theiz own interests to the detriment of the
[6997]decisionmaking procesa.".n146 The Court knows whereof it speaks, as its
[6998]decisionmaking process in conférence remains entirely confidential. n147
[7000]- = = = = = = = es ere 7 Fe 7 TF - » »Footnotea- - - -- =-=-r fr rer 7 28 =e ee =
[7002]nl43. Both the plain reading of the statute and an examination of the
[7003]legislative history make clear that Congress expected the Board to protect
[7005]13-00000
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[7009]S6 Md. L. Rev. 1, #21
[7010]a
[7012]certain secrets from disclosure. See 44 U.S.C. 2107(6) (1994) (identifying the
[7013]grounds on which the Review Board may postpone release of assassination
[7014]materials); Sanders & Zaid, supra note 62, at 419 (explaining the Board's
[7015]obligations when it decides to postpone release of a document). ,
[7017]nl44. See DuVal, supra note 14, at 668-71 (identifying 10 justifications for _:
[7018]nondisclosure) .
[7020]ni45. See id. at 621-22 (observing that maintaining secrecy of advice,
[7021]recommendations, and opinions allows officials to "propose, comment, and _
[7022]eriticize without concern that their comments may seem foolish or contrary to ©
[7023]popular sentiment" and to compromise “without loss of face").
[7025]nidé. United States v. Nixon, 418 U.S. 683, 705 (1974) (footnote omitted). .
[7027]ni47. Secrecy in the High Court is a practice, a matter of the Court's
[7028]-culture and traditions, not of law. See Bob Woodward & Scott Armstrong, The->. _
[7029]Brethren xi (1979) ("The Court has developed certain traditions and rules, -
[7030]largely unwritten, that are designed to preserve the secrecy of its’ . ; 2
[7031]deliberations."). The Justice who tells what took place in conference is
[7032]indiscreet and is likely to forfeit the respect of other Justices, but he breaks
[7033]no law and neither do his law clerks. See id. Indeed, one of the arguments
[7034]xvaised in the wake of opening the papers of Justice Thurgood Marshall was that
[7035]his written commentary. on his colleagues may have made it more difficult for
[7036]them to deal with one another now knowing that .the public. understood the reasons
[7037]that they held certain positions. See id. at xii (observing that, because |
[7038]Justices are not elected but are appointed for life, they are not disposed to
[7039]allow their decisionmaking to become public). The matter is posed differently,
[7040]however, in Great Britain. The Official Secrets Acts make it unlawful for a
[7041]government employee to make an unauthorized disclosure of official information
[7042]or for anyone who has received the information in violation of the Act to
[7043]communicate it to anyone else. Official Secrets Act, 1911, 1 & 2 Geo. 5S ch. 28,
[7045]The virtues of openness in government, therefore, can be and often are
[7046]overstated, especially by a self-interested press and media. Openness does mean
[7047]that bad advice can be challenged, but the consequence may be that good
[7048]‘decisions are never reached. Open records and "sunshine laws" n146 may only
[7049]@rive people to less easily documented forms of communication, such as the
[7050]telephone. n149 Although the costs and benefits of secrecy and openness in
[7051]government are not easily calculated, we do know that loose lips still sink.
[7052]ships, even in our own thermonuclear. age.
[7054]ni4é. See Kreimer, supra note 115.
[7056]nl49. See Patricia M. Wald, The Freedom of Information Act: A Short Case
[7057]Study in the Perile and Paybacks of Legislating Democratic Values, 33 Emory L.J.
[7058]649, 664 (1984) (observing that "to some degree creative government officials
[7059]and bureaucrats will always be able to devise waye to abort FOIA's disclosure
[7060]requirements"). :
[7062]13-00000
[7064]APR 4°97 10:08AM P.27744
[7065]PAGE 27
[7069]b S6é Md. L. Rev. 1, *22
[7071]In the case of the Kennedy assassination, how far are we willing to
[7072]countenance secrecy when a fully illuminated rendition of the events surrounding
[7073]the President's murdex could go a long way to restore trust in government? At +’
[7074]what point do the costs of concealing materials become sufficiently high to our
[7075]government's credibility that they are no longer worth paying? At what point do
[7076]the costs of disclosure become so great that we compromise our future security?
[7077]Perhaps nowhere are these issues more acutely felt by the JFK Board than in
[7078]those matters involving intelligence operations. ©
[7080]The assassination sparked a major intelligence effort. niS50 In the days
[7081]following the murder of President Kennedy, ,
[7083]nls0. See Assassination Materials Disclosure Act II, supra mote 96, at 93. +.
[7084](statement of Floyd I. Clarke, Deputy Director, FBI) (noting that "immediately - ©°
[7085]following the assassination, the FBI began a massive and intense investigative
[7086].effort"); Epstein, Trilogy, supra note 6, at 29 (describing Congress's formation
[7087]of the Warren Commiesion less than two weeks. after the assassination and the
[7088]Commission's interaction with the FBI's intelligence efforts).
[7090]eee eee ee ee End Footnotes- « - = - - - - - eee ee ee
[7092]The entire intelligence community worked to learn everything it could about
[7093]Oswald and his murky, superficially contradictory activities. New intelligence:
[7094]xeports froni Mexico City suggested a link between Oswald and the Cuban
[7095]government. The supersecret National Security Agency and allied eavesdropping
[7096]agencies went into overdrive to decipher in- [*23] tercepted conversations,
[7097]cable traffic, radio, and telephone communications at the highest levels of the
[7098]Soviet and Cuban governments .... n15i
[7100]The FBI literally asked all of its informants whether they could shed light on
[7101]the murder. In addition, there were efforts to tap the FBI's connection with
[7102]organized crime to make certain that ite members, angry at the President and his
[7103]brother, had not ordered the murder and that Ruby's killing of Oswald was not a
[7104]Classic mob hit. n152 The resulting cables and other documents laid bare most of
[7105]the Cold War intelligence capacity of the United States. ni53
[7107]ni52. See Posner, supra note 6, at 463-64.
[7109]13-00000
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[7112]PAGE 28
[7116]f 56 Md. L. Rev. 1, #23
[7117]ca
[7119]nlS3. See Holland, supra note 18, at 54, 56.
[7121]Students of the assassination would benefit from opening the mass of uw
[7122]information produced by the intelligence community's intense effort to get to ~~.’
[7123]the bottom of the President's murder. Yet, protecting America's foreign and
[7124]domestic intelligence-gathering capabilities is essential to our national
[7125]defense. n1S4 Thue, the intelligence agencies regularly assert that the
[7126]identities of agents and informants must remain pexpetually confidential; n155
[7127]that nothing should be revealed about the methods and sources used to gather
[7128]intelligence; n156 that direct reports from United States intelligence agents
[7129]should not be disclosed; ni57 and that intelligence information provided by
[7130]other nations to the United States, and, indeed, the very existence of such -
[7131]relationships, should not be disclosed..
[7133]nl54, See Assassination Materials Disclosure Act III, supra not& 96, at 381 J 8
[7134](prepared statement of FBI Director William Sessions) (stating that among
[7135]250,000 pages requested by the. House Assassinations Committee are a large number
[7136]of FBI documents that “implicate national security. interests") .
[7138]-n1S5. See Assassination Materials Disclosure Act I, supra note 96, at 7
[7139](statement of CIA Director Robert M. Gates) (asserting that "we have an
[7140]obligation to protect. the confidentiality of our sources, regardless of the
[7141]amount of time that has passed").
[7143]ni56é. See Assassination Materials Disclosure Act III, supra note 96, at 363,
[7144]-373-74 (statement of CIA Director Robert M. Gates) (stating assumption "that =. =.—-—s--
[7145]there still will be information that cannot be released to the public for a
[7146]‘wariety of reasons, including ... the exposure. of intelligence sources and
[7147]methods"); Assassination Materials Disclosure Act II, supra note 96, at 109
[7148](statement of Admiral William oO. Studeman, Deputy Director, CIA) (echoing
[7149]Gates's statement) .
[7151]nlS7. See supra note 154.
[7153]VIII. Informants
[7155]Informants play a critical role in the world of intelligence operations, ‘both
[7156]domestic and foreign. For example, the FBI relied heavily on informants to
[7157]infiltrate the Ku Klux Klan in the 19608 and [*24] 1970s. ni58 Today, the
[7158]FBI recruits informants to help thwart narcotics trafficking and international
[7159]terrorism. n1iS9 The internal security and general welfare of the United States
[7160]depends heavily on the role of informants. n160
[7162]nls8. See Clifford S. Zimmerman, Toward a New Vision of Informants: A History
[7163]of Abuses and Suggestions for Reform, 22 Hastings Const. L.Q. 81, 91-92 (1994)
[7164](describing the FBI's mishandling of KKK informants).
[7166]13-00000
[7168]. APR B4 ’°97 10:89AM P.29744
[7170]PAGE 29
[7171]« 56 Md. L..Rev. 1, *24
[7172]n159. See R. Jeffrey Smith, Critics "Wrong,' CIA Chief Says. Wash. Post,
[7173]Sept. 6, 1996, at A21, available in 1996 WL 12392255 (noting CIA Director John
[7174]M. Deutch's assertion that critics who allege that the CIA has done a poor job
[7175]recruiting informants knowledgeable about terrorist activities are wrong).
[7177]nl6é0. See Ross Parker, Confidential Informants and the Truth Finding a
[7178]Punction, 4 Cooley L. Rev. 565, 596 (1987) (citing an informal examination. of
[7179]federal investigations in the Eastern District of Michigan finding that about
[7180]50% of drug cases and 40% of public corruption cases involved the use of
[7181]informants); Timothy A. Raezer, Needed Weapons in the Army's War on Drugs: |
[7182]Blectronic Surveillance and Informants, 116 Mil. L. Rev. 1, 39-64 (1987) ©
[7183](extolling the benefits of informants to drug law enforcement): Zimmerman, supra
[7184]note 158, at 178 (observing that law enforcement “has long reaped and extolled
[7185]the benefits of informants"). .
[7187]What duty does the government owe to persons ‘who agree to serve. as a my ; ~~
[7188]informants? There are many reasons why persons serve as informants ."’Money, 5
[7189]revenge, and the sheer thrill explain some of this. behavior. Yet, above all
[7190]else, informants expect that they will be clothed in confidentiality in return
[7191]for their information. An informant who is identified immediately loses value.
[7192]All informants in the service of the various. domestic and international.
[7193]intelligerice operations are recruited with an understanding that they will be
[7194]gyvanted confidentiality - that they will never be "given-up" in the lingo of the
[7195]intelligence community. n161 The very nature of what they are asked to do - .
[7196]commit treason on their home government, report on the activities of groups like
[7197]the American Communist Party, or shed light on the activities of organized crime
[7198]and terrorist groups - exposes them to tremendous danger; if they are revealed,
[7199]they ‘and their families may suffer serious personal injury, or even death.”
[7201]nl61. See Assassination Materials Disclosure Act III, supra-note 96; at 53- -—--
[7202](statement of CIA Director Robert M. Gates) (observing that the CIA files
[7203]. "contain the names of individuals who provided us information on a promise of
[7204]confidentiality") .
[7206]The Kennedy assassination documents contain thousands. of names of informants
[7207]drawn from every walk of life. The FBI has taken the position that these names
[7208]must be protected indefinitely and that any disclosure will impair the Bureau's
[7209]ability to recruit new informants. Yet, all informants are not created equal.
[7210]Some have greater value than others, both for the story of the Kennedy
[7211]assasgination and for providing information.about organized crime and other
[7212]activities. Moreover, the issue is not simply one of the quality of the
[7213]information [*25] that is provided. As Exhibit One demonstrates, the vast
[7214]majority of documents involving informants has been.opened in paxt; infrequently
[7215]only the names of the informants and other key identifying language has been LS
[7216]redacted. ni62 These redactions breed a sense of expectation among. researchers,
[7217]because in the climate of conspiracy that surrounds the Kennedy assassination, ©
[7218]any material that is covered up is presumed to be an important miasing link in
[7219]the chain of explanation about the murder.
[7221]13-00000
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[7225]. PAGE 30
[7226]5 56 Md. L. Rev. 1, *25
[7228]Exhibit One is perhaps representative of the issues raised about the Review
[7229]Board's disclosure of informants. The Exhibit contains a message. sent by the PBI .
[7230]Special Agent in Charge (SAC) in Houston to the SAC in Dallas and to FBI °
[7231]Director J. Edgar Hoover on November 26, 1963, four days after the murder of.
[7232]President Kennedy. nl63 This document was originally reviewed by the FBI, and
[7233]designated for release under the terms of the JFK Act with certain materials
[7234]redacted. Those redactions appear in Exhibit One and indicate what material : the
[7236]FBI wanted to keep from the public. n164 -
[7238]nié3. See id. . rn aan
[7240]-nié4. See id.
[7243]As Exhibit Two reveals, the Board decided that much of the. redacted material
[7244]could be released, most notably the name of Mary Ann McCall, a hostess at a
[7245]Dallas night. spot. n1i6é5 By the time the informant had interviewed McCall, Jack
[7246]Ruby had already killed Oswald. The Board decided that the historical record was
[7247]well served by opening McCall's name, especially given her purported
[7248]relationship with the Dallas police and organized crime. The Board, however,
[7249]also accepted the FBI's argument that the name of the person who provided the --—
[7250]information about McCall. should be protected. Consequently, a document that had
[7251]many redactions when it was sent from the FBI to the Board went into the public
[7252]record with only one name redacted. The Board wag satisfied that revealing the
[7253]informant's name would haxm.the informant, thug outweighing the value of
[7254]immediate disclosure. The Board used substitute language to make clear to
[7255]atudents of the assassination that the redacted portion was the name of a
[7256]"confidential informant" and ordered that the name be released in the year 2010.
[7257]n166 .
[7259]nlé5. See Exhibit Two infra p. 41.
[7260]n166. See id.
[7261]er eEnd Footnotes- - - - - ie
[7263]Should it matter to the Board that many of these informants, when
[7264]interviewed after the assassination, did not provide positive information about
[7265]Oswald or Ruby? There are countless examples of [¥*26] individuals who, when
[7266]contacted by intelligence services, indicated that they knew nothing about the
[7267]assassination. The Board has taken the position that intelligence services must fo
[7268]demonstrate that harm would come to the individual if her name were released.
[7269]Agencies muet be able to identify the individual, indicate that she is still
[7270]alive, and establish that some harm will befall her. n16é7 The threshold issue,
[7272]13-00000
[7274]_ APR @4 °97 10:12AM . . P.31744,
[7276]PAGE 31
[7278]b S6 Md. L. Rev. 1, #26
[7279]we?
[7281]therefore, is whether an agency that seeks to protect an individual, regardless
[7282]of the quality of the information provided, can substantiate the claim that harm
[7283]will come to that person as a result of revealing her name. When an agency has
[7284]failed to do so, the Board has released the name. n16B The record of events
[7285]surrounding the assassination will never be complete until we know what blind
[7286]alleys are not worth pursuing. As any good investigator knows, eliminating blind_,’ a
[7287]alleys ia critical, because the elimination provides additional certainty about)
[7288]who knew nothing, a fact that can be helpful in discerning who knew something.
[7289]In this context, knowing that an informant knew nothing, at least by her
[7290]statement, is valuable itself, given the complexity of the. conspiracy theories
[7291]surrounding the assassination.
[7293]n167. See 44 U.S.C. 2107(6) (2) (1994) (permitting postponement of public
[7294]disclosures when there is clear and convincing evidence that the "name or..
[7295]-identity of a living person who provided confidential information to the Uniged _
[7296]States ... would pose a substantial risk of harm to that person"); see also“: ~ ;
[7298]-
[7300]supra notes 102-106 and accompanying text. nk:
[7302]n168. The McCall document cited above, and found at Exhibits One and Two,
[7303]infra pp. 39-42. is an example of the Board's release of an individual's name
[7304]after determining that no harm was likely to come to the individual and that
[7305]public interest in the disclosure would be high. See supra notes 165-166 and.
[7306]accompanying text. .
[7308]Spying is a feature of modern foreign affairs, and there can be no doubt uv
[7309]that, as with informants, we owe some protection to those individuals employed
[7310]in the clandestine service of the CIA. n169 Understanding how our clandestine
[7311]services operate and what information they did or did not provide is critical to
[7312]the assassination story. For example, the CIA sought to protect a considerable.
[7313]amount of information involving the use of double agents to infiltrate the
[7314]Soviet Embassy in Mexico City. As Exhibit Three makes clear, the Agency
[7315]‘originally wanted to protect broad sections of a message sent on November 29,
[7316]1963, one week after the murder of the President. n170 The CIA believed that
[7317]releasing the information would compromise the [*27] double agents and
[7318]reveal the scope of the Agency's efforts against the former Soviet government.
[7319]Yet, in terms of the story of the assassination, knowing the quality of the
[7320]effort directed against the Soviets in Mexico. City was considered crucial. As
[7321]Exhibit Four reveals, only weeks before Lee Harvey Oswald was arrested for
[7322]Killing President Kennedy, Oswald had visited the Soviet Bmbassy in Mexico
[7323]seeking a visa that would allow him to return to the Soviet Union by way of
[7324]Cuba. n171 The Board opened most of the information that the Agency previously
[7325]wanted to postpone, and where the Board determined that disclosure would be
[7326]harmful, it relied on substitute language, which is handwritten in Exhibit
[7328]Three. n172
[7330]ni6é9. The JFK Act acknowledges the obligation of protecting the identity of
[7331]intelligence officers. See 44 U.S.C, 2107(6) (1) (A) (allowing postponement of the
[7332]release of JFK documents if they involve public disclosure of “an intelligence
[7333]agent whose identity currently requires protection"); see also supra note 102
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[7340]«? 56 Md. L. Rev. 1, *27
[7342]and accompanying text.
[7344]n170. See Exhibit Three infra p. 43. The CIA originally sought to postpone
[7345]the information that is in the brackets. See id. In some cases, information was
[7346]postponed, but substitute language, as provided by the statute, was inserted in
[7347]its place. See id. : a
[7349]nl7i. See Exhibit Four infra p. 45.
[7350]nl172. See Exhibit Three infra p. 43.
[7353]The CIA also worries about the status of its former employees.and expects , a
[7354]that these employees will not reveal the nature of their activities without _
[7355]first seeking the Agency's permission. n173 If an individual retires from.the
[7357]CIA undercover, does it follow that historical researchers must forever be ‘a, ..
[7358]denied access to that person's true name, especially when she is alive and able. ;
[7359]to answex questions? Does an agent in the clandestine service of tHe country .
[7360]have a right to be free from the prying questions of researchers and reporters?
[7361]Does it make any difference, as in the case of informants, that an agent
[7362]provided only negative information? Should we worry about whether an agent is
[7363]alive or dead? Or does it follow that. significant harm might come to the agent's
[7364]family and friends through the revelation of her name? Are we willing, in the
[7365]interest of providing the fullest and richest historical record of the
[7366]assassination, to subject spouses, children, and parents to potential harassment
[7367]or worse? .
[7369]nl173. See Melvin L. Wulf, Introduction to Marchetti & Marks, supra note 72.
[7370]In 1972, the CIA successfully. sued former agent, Victor Marchetti, to require
[7371]that his manuscript be submitted te the CIA for review # prior to publication. See
[7372]id. at xix.
[7374]- ct tee s+ =< + + - - - - -End Pootnotes-= - + -----+----- ss 2
[7376]Weighing the potential harm to such persons against the public's right to
[7377]know is challenging. We should recall that in 1975, Richard Welch, the CIA
[7378]station chief. in Athens, Greece, was murdered by unidentified gunmen as he
[7379]returned to his home from a party at the ambassador's residence. ni74 Former CIA
[7380]Director William Colby attributed the death to a magazine account that had named
[7381]Welch only a (*28] month before. ni7S For those agents. who are still alive
[7382]but in retirement, should we take their word that they are at grave risk? Does a
[7383]lifetime of intrigue have as its cost a retirement filled with uncertainty?
[7385]n174. See Rhodri Jeffreys-Jones, The CIA and American Democracy 211-12 (1989)
[7386](observing that "pro-CIA partisans blamed Welch's death on Agency critics who
[7387]had irresponsibly released too much information"); Jeremiah O'Leary, Cover
[7388]Blown, CIA agent in Athens Killed, Wash. Star, Dec. 24, 1975, at Al (noting that
[7389]a United States publication's naming of Welch as the CIA station chief who was
[7390]slain in Athens will fuel controversy about tragic consequences of public.
[7391]disclosure of CIA personnel) .
[7393]13-00000
[7395], APR @4 ’97 10:10AM
[7397]a 56 Md. L. Rev. 1, *28
[7398]we”
[7400]nl17S. See O'Leary, supra mote 174, at Ail.
[7402]The value of confidential FBI and CIA sources to the Warren Commission's
[7403]“work is underscored by the documents released thus far by the Board. For
[7404]example, Exhibit Four is a letter dated June 17, 1964 from FBI Director J. Edgar
[7406]Hoover to J. Lee Rankin, then General Counsel to the Warren Commission. n176 The |
[7408]letter details what .the FBI knew about Fidel Castro's assessment of the
[7409]assassination..nl77 Originally classified as "Top Secret," this document _
[7410]indicates that the United States had a source sufficiently close to Castro to |
[7411]gauge the Cuban leader's evaluation of Oswald and the circumstances surrounding
[7412]his visit to the Cuban embassy in Mexico City. n178.The FBI wished-to redact
[7413]much of this material. The FBI was concerned that Castro's tests were at.
[7414]variance with the FBI's test results. The Board decided that the information
[7415]contained in the letter was critical to the assassination story? nl179 therefore,
[7416].the entire document was made available to the American public, illuminating;
[7418]thinking of Castro and the credibility of the American intelligence community: to 3
[7420]aesees the Cuban leader.
[7422]wot ot te ee ee ee --- -Footnotes- i i!
[7423]ni76. See Exhibit Four infra p. 45.
[7424]ni77. See id.
[7425]nl78. See id.
[7427]nl79. Parts of the document had been declassified in 1976, but the FBI wanted
[7428]to continue to postpone release of the portions in brackets. See id. -
[7430]In matters of informants and agents, the JFK statute directs the agencies to
[7432]_ provide the Board with "clear and convincing evidence" that disclosure will
[7433]result in harm, either to an individual or to current operations. nl180 If the
[7434]FBI, for example, is unable. to find a former informant, and thus does not know
[7435]whether she is alive or dead, what is the Board's duty?. The Board faces the
[7436]dilemma of either erring on the side of protecting the individual's identity,
[7437]even though there is no evidence that the person is alive and living under a
[7439]_ Current threat, or enriching the historical record by revealing the individual's
[7440]identity while running the risk of causing unnecessary harm. ; .
[7442]i -Footnotes- - - - - - - ‘wee ee ee eee
[7444]nl8s0. 44 U.S.C. 2107 (6) (1994).
[7446]There is also the related.question of how to treat the names of persons
[7447]‘described in the reports of informants as being engaged in some illicit conduct
[7448]‘when there is no proof, other than the informant '‘s- word, to’ ‘support the
[7449]accusation. Is that individual owed a right [(*29). to know that he or she was
[7450]so identified, or is it the Board's duty to redact the person's name? Would
[7451]disclosing false information be more damaging than retaining it in government
[7455]on
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[7464]v } 56 Md. L. Rev. 1, *29
[7466]records where only government officials have access to such information?
[7468]These questions indicate the range of issues associated with deciding
[7469]whether to postpone releasing the names of informants and agents. Where does the
[7470]requirement for a full historical record of the Kennedy assassination yield to
[7471]‘ the prudential uses of secrecy to preserve the nation's ability to gather a
[7472]intelligence?
[7474]IX. Sources and Methods
[7476]The JFK Act xequires the Board to balance the need to protect sources and uw
[7477]methods of intelligence collection with the public need for disclosure of ,
[7478]information relating to the assassination. n181 The inappropriate release of
[7479]documents, either in part or in full, dealing with ovr intelligence agencies"
[7480]‘gources and methods could afford hostile nations, organized crime, terrorists;
[7481]and drug dealers an understanding of our intelligence capabilities. If another ~ 3.
[7482]nation ox a térrorist group knows how we are able to. exercise surveillance over ~
[7483]them, they are likely to adopt appropriate - countermeasures. They also might. seek.
[7484]to provide selectively misleading information, knowing that we are listening and
[7485]how we are listening. Many of the documents already available in the JFK
[7486]Collection at the National Archives indicate that the United States bugged,
[7487]tapped, photographed, and otherwise conducted surveillance of persons and
[7488]places..The question arises whether we should also reveal the precise kind of
[7489]equipment that was used, how it was employed, and against whom it wae targeted.
[7490]Knowledge about equipment. and technique would be important in evaluating the
[7491]capability of the intelligence community, not only to ply its craft, but to
[7492]organize a conspiracy on its own. Again, the question arises whether. disclosing
[7493]a source, method, or technique should turn: on whether positive of negative
[7494]information becomes available.
[7498]nl61. See 44°U.S.C. 2107(7) (authorizing postponement of the release of
[7499]records if the threat of disclosure "is of such gravity. that it outweighs the
[7500]public interest"); see also supra note 102 and accompanying text.
[7502]Exhibit Five provides a good indication of the kinds of issues involved in
[7503]dealing with sources and methods. n182 This document is a cable sent from the
[7504]Director of the CIA on November 23. 1963, only hours after the murder of the
[7505]President, seeking information about a surveillance operation conducted in
[7506]Mexico City. n183 The message [#30] sought information about what the CIA
[7507]operatives in Mexico City knew about the existence of tapes and transcripts
[7508]involving surveillance of the Soviet Embasay there. ni8¢ The CIA originally
[7509]requested the postponement of much of the information in this document; however,
[7510]the Board decided that its centrality to understanding the assassination story
[7511]required its release, with the only redaction being the name of. the
[7512]authenticating office, whose pseudonym was used in its place. n185 Because it
[7513]helps to clarify the issue of whether the CIA taped Oswald's conversations in Y
[7514]the Embassy, this document is one of the most significant released by the Board
[7515]to date. This document also suggests the CIA's awareness of and interest in
[7516]Oswald before he purportedly shot the President.
[7518]13-00000
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[7522]56 Md. L. Rev. 1, *30
[7524]ni62. See Exhibit Five infra p. 47.
[7525]nl83. Id. _ oe a
[7526]nie4. Id.
[7528]nisS. See id. The material enclosed in brackets in Exhibit Five was
[7529]originally withheld by the CIA. See id.
[7531]There is also the question of whether the Board should reveal the identities
[7532]of those who handled information relating to the investigation of the ee : nM
[7533]‘assassination. America's intelligence machine is a huge bureaucracy that om
[7534]processes information in staggering quantities. nis6 How and by whom information’ i
[7535]relating to che assassination was organized, processed, and distribiited is . ~
[7536]central to evaluating the CIA's role in the assassination. For example, Exhibit
[7537]Six pertains to the continuing . debate about whether the Agency photographed
[7538]Oswald entering the Soviet’ Embassy ‘and whether a record of what he had to say
[7539]there was ever sent to CIA headquarters. n187 Arguably, ‘unraveling the chain of
[7540]custedy of that material is critical. Yet, to do so would require identifying
[7541]the persons who handled it. In this instance, the Board decided that, on grounds
[7542]of personal privacy and potential harm, it would not disclose. the name of one
[7543]CIA official involved with the Mexico City operation, although the names of
[7544]other officials were released in cooperation with the CIA. ,
[7546]nleé. See Assassination Materials Disclosure Act III, supra note 96, at 397
[7547](photograph depicting voluminous JFK assassination files); Wald, supra note 128
[7548]| (describing the Department of Energy's accumulation of information) .
[7550]ni87. See Exhibit Six infra p. 48.
[7551]cr rer eee rors etc - -Bnd Footnotes- - - - -:--------- Codie!
[7552]X. Foreign Liaison
[7554]The American government conducts its intelligence operations in collaboration
[7555]-with the services. of other nations. n188 For example, the most secret agreement
[7557]ever entered into by the English-speaking world is the. pact by which the United -
[7558]States, Great Britain, Canada, [#31] Australia, and New Zealand carved the So
[7559]world into spheres of cryptologic influence, assigning each nation targets and
[7561]agreeing to standardize terminology, code words, and other. operations’ :
[7563]procedures. ni89 Revelations of these and other relationships could prove
[7565]extremely embarrassing to the cooperating governments, especially when those
[7567]governments profess to be neutral or have publicly stated that they have no
[7569]connection with the CIA. However, a full understanding of the intelligence base
[7571]upon which the Warren Commission and the intelligence community as a whole
[7573]assessed the Kennedy assassination depends on a thorough accounting of such
[7575]connections. Moreover, perhaps nowhere else is negative information more
[7577]important than when the intelligence service of another country has access to
[7579]13-00000
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[7582]PAGE 36
[7583]t 56 Md. L. Rev. 1, #31
[7584]. a .
[7585]unique sources. There is, as well, the related. question of how much information
[7586]was known at the top of the cooperating governments and the extent to which such
[7587]knowledge would enhance our understanding of the assassination as being the work
[7588]of foreign conepirators. If we compromise any of those relationships and
[7589]consequently cause political damage to the ccoperating. government, we may find a
[7590]valuable future source of intelligence ‘closed. n190 Pa
[7593]nlgs. See Stafford T. Thomas, The U.S. Intelligence Community 89-94 (1983) .
[7595]‘ml89. See Jamea Bamford, The Puzzle Palace: A Report on America's Most Secret
[7596]Agency 309, 315-17 (1982).
[7598]n190. Congress acknowledged this concern in the JFK Act by allowing
[7599]postpenement of the release of documents, which clear and convincing evidence
[7600]-establishes will "compromise the existence of an understanding of .
[7601]confidentiality currently requiring protection between a Government agent anf“a,
[7602].. foreign government." 44 U.S.C. 2107(6) (4) (1994). ” _
[7604]Exhibit Seven poses some of these liaison issues. n191 The FBI provided the
[7605]Board with this heavily redacted document , arguing that release of the body of
[7606]material in the message from the FBI field office in Paris to the Director of
[7607]the FBI in Washington.on October 12, 1960 (three years before the
[7608]assassination), would damage the ability of the United States to work with the
[7609]intelligence and police operations of a foreign mation. The cable, however,
[7610]struck the Board as being particularly important, in that it showed that three
[7611]years before.the. murder of the President the. FBI was engaged in surveillance of — --
[7612]Oswald's activities. nl52 The Board was also concerned that concealing so large
[7613]an amount of material would only heighten speculation about the document's
[7614]significance. ~
[7616]nl91. See Exhibit Seven infra p. 52.
[7618]n192. See id.
[7620]As Exhibit Eight demonstrates, the contents of the cable were far more
[7621]sinister when redacted than when they were disclosed in full. n193 To gain this
[7622]release, the Board sought the cooperation of the Swiss ambassador to the United
[7623]Staces, who consented to the release, only with the proviso that the names of
[7624]specific Swiss officials not be divulged. As a’ result of the cable's release, we
[7625]know that the FAI had knowledge of and interest in Oswald's activities well
[7626]before the assassination, to the extent of relying on officials of the Swisa
[7627]Federal Police to learn about his possible attendance at Albert Schweitzer .
[7628]College. ni94 , ;
[7630]13-00000
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[7634]PAGE 37
[7635]1} 56 Md. L. Rev. 1, *32
[7637]n193. See Exhibit Eight infra p. 53 (observing that Oswald announced his
[7638]plans to attend Swiss college, but that he never arrived to attend classes).
[7640]nl94. See id. (documenting FBI's request to Swiss police for information
[7641]about Oswald). :
[7643]XI. Of Times and Theories
[7645]How to address the host of issues raised by these intelligence materials depends
[7646]on answers to two overriding questions: The first is whether the passage of time
[7647]renders open that which currently requires postponement. The second is whether,
[7649]by adopting a particular theory about what happened in Dallas, the Board so ’
[7650]fundamentally shapes its assumptions about the significance of documents that it
[7651]may actually fail to open the most critical of them.
[7653]More than a third of.a century has passed since the murder of.President “|
[7654]Kennedy. When asked whethex the sources, methods, and techniques used then are - °
[7655]no longer worthy of protection today, the intelligence and law enforcement
[7656]agencies appropriately answer no. n195 They argue that disclosure at any time
[7657]will reduce their capabilitiea and, hence, our national security. n196 In the
[7658]world of intelligence operations, all secrets must live forever, lest we be
[7659]unable to find new secrets in the future.
[7661]nl9S. See supra notes 154-1S7 and accompanying text.
[7663]ni96. See supra notes.154-157 and accompanying text.
[7665]The paseage of time, however, has made a difference, and in some instances
[7666]dramatically so. There is today no Soviet Union to which Lee Harvey Oswald could
[7667]return. If he returned to Minsk, he would find.it a capital: of an independent:
[7668]nation, rather than a satellite of the Communist Empire. The Warsaw Pact has
[7669]dissolved; the capitals of Eastern Europe now sport ‘trendy shops and capitalist
[7670]enterprises; Cuba survives by importing tourists from everywhere but the United
[7671]‘States, and China has emerged as a. major American market. Not only is the Cold
[7672]War dead, but so too are many of the principal figures in the assassination -
[7674]. President Johnson, Robert F. Kennedy, John Connally, and Jacqueline Kennedy. The
[7675]U-2 is regularly fea- [*33] tured on television documentaries; photographs
[7676]from the once super-secret Keyhole surveillance satellites of the 1960s and .
[7677]early 1970s leap from the pages of the current issues of Scientific American.
[7678]ni97 There is no doubt that the CIA, FBI, and military intelligence services
[7679]snooped on us and other nations, friend and foe. 1198 The CIA in particular
[7680]argues that current intelligence activities must remain plausibly deniable and
[7681]that the Board's role should. be to postpone the disclosure of actions taken a
[7682]third-of-a-century ago that conceivably could compromise current operations. “
[7683]Yet. we might reasonably ask ourselves, as the Board has, whether, three decades
[7684]later, wea would compromige our security interests around the world by indicating
[7685]that a CIA station once existed in Moscow.
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[7691]i 56 Md. L. Rev. 1, *33
[7693]_ni9?. See Dino A. Brugioni, The Art and Science of Photo Reconnaissance, Sci.
[7695]Am., Mar. 1996, at 78. Few secrets were accorded more respect, than the
[7697]techniques associated with photo reconnaissance by spy planes and satellites.
[7699]See id. (discussing 800,000 reconnaissance photographs taken by the CIA. from ’
[7700]-1960-72 and kept secret) . There is now, however, growing information about the ©
[7701]capabilities of the United States during the Cold War. See id.; see also Stuart
[7703]F. Brown, America's First Eyes in Space, Popular Sci., Feb. 1, "i996, at 42,
[7704]available in 1996 WL 9275085 (describing the government's declassification of
[7705]800,000 photographs); Philip Chien, High Spies: U.S. Reconnaissance Satellites, ©
[7706]Popular Mechanics, Feb. 1996, at,47, available in LEXIS, News Library, Mag File
[7707](explaining that one of the original reconnaissance satellites of the 1960s will
[7708]be displayed at the Smithsonian's Air and Space Museum) . ra
[7710]n198. See generally Michal R. Belknap, Cold War Political Justice (1977)
[7712]- (deseribing the Department of Justice's nationwide campaign to bring down the
[7713]Communist party of the United States); Nelson Blackstock, Cointelpro: The I's: 4
[7714]Secret War on Political Freedom (1976) (describing the FBI's ‘countérintelligence- °
[7715]operations and violations of constitutional rights); Ward Churchill & Jim Vander
[7716]Wall, The Cointelpro Papers x (1990) (describing FBI documents that “expose the
[7717]secret, systematic, and sometimes savage use of force and fraud,- by ‘all levels
[7718]of government to sabotage progressive political activity"); Frank J. Donner, The
[7719]Age of Surveillance (1980) (describing U.S. domestic intelligence operations) ;
[7720]Brian Freemantie, CIA (1983) (attributing CIA excesses to. lack of direction or
[7721]misdirection from the Executive Branch and presidency); Jeffreys-Jones, supra
[7722]note 174 (describing how allegations of the CIA's failed operations in Bogota,
[7723]Columbia led to an expansion of intelligence operations); Mark Reibling, Wedge:
[7724]The Secret’ War Between the FBI and CIA (1994) (discussing the CIA's efforts to
[7725]assassinate Fidel Castro); David Wise, ~The American Police State: The Government
[7726]Against the People (1976) (describing v. s. domestic intelligence operations) .
[7728]If the passage of time makes no difference, then the American people would YO
[7729]never have a right to all of the information used ‘or denied by the Warren ~ oS
[7730]Commission. The passage of time meuters secrecy, and eventually, like Douglas
[7731]MacArthur's old soldiers, secrets just fade away. If there are any ‘secrets. that
[7732]a democratic government has a right to keep’ permanently from its people, surely
[7733]the murder of the President would not be oné such secret. : .
[7735]Then there is the problem of what theory the Board should adopt to explain
[7736]events in Dallas. Gerald Posner, for example, has pub- [#34] lished a widely
[7737]read book on the assassination entitled Case Closed. n199 It concludes that Lee
[7738]‘Harvey Oswald murdered President Kennedy, that he did so acting alone, and that
[7739]there is no evidence of a larger conspiracy, foreign or domestic. n200 That
[7740]notion of the assassination is countered by a hoet of critics that insist on
[7741]just the opposite. n201
[7743]n1s9. Posner, supra note 6.
[7745]n200. See id. at 472.
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[7753]; 5 S6 Md. L. Rev. 1, *34
[7754]\ .
[7756]n201. See, e.g., Harrison E. Livingstone, Killing Kennedy 282-334 (1995)
[7757](arguing that Posner's bock tricked the public with false scholarship); G.
[7758]Robert Blakey, Murdered by. the Mob?: 30 Years After the Kennedy Assassination,
[7759]This Case Ien't Closed, Wash. Post, ‘Nov. 7, 1993, at C1, available in LBXIS,
[7760]News Library, Wpost File (arguing that credible scientific and other evidence
[7761]points to’a conspiracy); Jeffrey A. Frank, Who Shot JFK? The 30-Year Mystery, a
[7762]Wash. Post, Oct. 21, 1993, Book World, at x4, available in LEXIS, News Library, |
[7763]Wpost File (arguing that Posner "rarely strays from paths staked out. by the
[7764]Warren Commission" and that the "book ultimately becomes an all-too-transparent
[7765]brief for the prosecution"); Jonathan Kwitny, Bad News: Your Mother Killed JFK,
[7766]L.A. Times, Nov. 7, 1993, at 1, available in LEXIS, Newa Library, Lat File
[7767](contending that Posner "presents only the evidence that Supports the case he is
[7769]trying to build").
[7771]Posner related that other reactions to his book included an accusation that
[7772]he was a CIA agent, a computer network asking its members to discredit his book,
[7773]-and demonstrators in. front of his hotel. See Geoffrey C. Ward, The Most Durable ..
[7774]Assassination Theory: Oswald Did It Alone, N.¥. Times, Nov. 21, 1993, 7, at 45,00 }
[7775]available in LEXIS, News _Vibrary. Nyt File (describing the reactioris Posner . 8
[7776]received from his book) . .
[7778]The general assumptions the Board holds about what happened inform how it
[7779]assesses the value of a particular document to the public. If the Board assumes
[7780]that Oswald murdered the President, and consequently looks only for information
[7781]that speaks to his role, it is likely,.on national security grounds, to postpone
[7782]certain kinds of information. If the Board assumes that the murder was a
[7783]conspiracy, then much of what seems irrelevant to the Oswald explanation may
[7784]actually have great currency. n202 The intelligence agencies rely on the
[7785][*35] (*36]) theory that Oswald did it and that he did it alone. n203 To
[7786]support such a position, they turn, ironically, to the findinga of the Warren
[7787]Commission, n204 a body that in some ways they attempted to deceive. Perhaps mm
[7788]there is no better evidence of the CIA's attitude than its effort to sway public. | _._.
[7789]opinion abroad in the wake of the release of the Warren Commission Report. n205 ;
[7790]As Exhibit Nine makes clear, the CIA used its substantial resources to just that
[7791]end. n206
[7793]-n202. The Board adopted a broad definition of an “agsassination record" with
[7794]just such issues in mind. See 36 C.F.R. pt. 1400 (1995). The pertinent sections»
[7795]dealing with the scope for interpreting the JFK statute read as follows:
[7797]1400.1 Scope of assassination record.
[7799](a) An assassination record includes, but is not limited to, all records,
[7800]public and private, regardless of how labeled or identified, that document,
[7801]describe, report on. analyze or interpret activities, persons, or events —
[7802]reasonably related to the assassination of President John F. Kennedy and
[7803]investigations of or inquiries into the assassination.
[7805]13-00000
[7806]_ APR @4 °97 10:13AM P.4a744
[7808]. PAGE 40
[7809]b 56 Md. L. Rev. 1, *36
[7810](b) An assassination record further includes, without limitation:
[7812](1) All records as defined in Section 3(2) of the JFK Act;
[7814](2) All records collected by or segregated by all Federal, state, and local
[7815]government agencies in conjunction with any investigation or analysis of or
[7816]inquiry into the assassination of President Kennedy (for example, any
[7817]intra-agency investigation or analysis of or inquiry. into the assassination;. any
[7818]interagency communication regarding the assassination; any request by the House
[7819]Select Committee on Assassinations to collect documents and other materials; or
[7820]any inter-.or intra-agency collection or segregation.of documents and other
[7821]materials) ;
[7823](3) Other records or groups of records liscea in the Notice of Assassination
[7824]Record Designation, as described in 1400.8 of this chapter.
[7826]1400.2 Scope of additional records and information.
[7828]The term additional records and information includes:
[7830](a) All documents used by government offices and agencies during their
[7831]declassification review of assassination records as well.as all other documents,
[7832]indices, and other material (including but not. limited to those that disclose
[7833]cryptonyms, code names, or other identifiers that appear in assassination
[7834]records) that the Assassination Records Review. Board (Review Board) has a
[7835]reasonable basis to believe may constitute an assassination record or would
[7836]assist in the identification, evaluation or interpretation of an assassination
[7837]record. The Review Board will identify in writing those records and other
[7838]materials ict intends to seek under this section.
[7840](b) All training manuals, instructional materials, and guidelines created or
[7841]used by the agencies in furtherance of their review of assassination records.
[7843](c) All xecords, lists, and documents describing the procedure by which the
[7844]agencies identified or selected assassination records for review.
[7846](a) Organizational charts of government agencies.
[7848](e) Records necessary and sufficient to describe the agency's:
[7849](1) Records policies and schedules;
[7851](2) Filing systems and organization;
[7853](3) Storage facilities and locations;
[7855](4) Indexing symbols, marks, codes, instructions, guidelines, methods, and
[7856]procedures; .
[7858](5) Search methods and procedures used in the performance of the agencies!
[7859]duties under the JFK Act; and
[7861](6) Reclassification to a higher level. transfer, destruction, or other ,
[7862]information (e.g., theft) regarding the statue of assassination records.
[7864]13-00000
[7866]. APR @4 °97 10:13AM ; - Pl4irag
[7867]PAGE 41
[7868]S6 Md. L. Rev. 1, *36
[7870](f) Any other record that does not fall within the scope of assassination
[7871]record as described in 1400.1, but which has the potential to enhance, enrich,
[7872]and broaden the historical record of the asgasaination.
[7874]1400.3 Sources of assassination records and additional records and
[7875]information. ; -
[7877]Assassination records and additional records and information may be located
[7878]at, or under the control of, without limitation:
[7880](a) Agencies, offices, and entities of the executing, legislative, and ~
[7881]judicial branches of the Federal Government;
[7883](b) Agencies, offices, and entities of the executive, legislative, and .
[7884]judicial branches of state and local governments;
[7885]; (c) Record repositories and archives of Federal, state, and lecal _ a
[7886]governments, including presidential libraries; . . aa
[7888](a) Record repositories and archives of universities, libraries, historical
[7889]societies, and other similar organizations;
[7891](e) Individuals who possess such records by virtue of service with a
[7892]government agency, office, or entity;
[7894](f) Pergons, including individuals and corporations, who ‘have obtained such
[7895]records from sources identified in paragraphs (a) through (e). of this section;
[7897](g) Persons, including individuals and corporations, who have thenselves
[7898]created or have obtained such records from sources other than those. identif£ied-.
[7899]in paragraphs (a) through (e) of this section;
[7901].(h) Federal, state, and local | courts where such records are being held under
[7902]seal; or .
[7904](i) Foreign governments.
[7906]1400.4 Types of materials included in scope of assassination record and
[7907]_ additional records and information.
[7909]The term record in assassination record and additional records and
[7910]information includes, for purposes of interpreting and implementing the. JFK Act:
[7912]{a) papers, maps, and other documentary material;
[7913](b) photographs;
[7915]te) motion pictures)
[7917]{d) sound and video recordings:
[7919](e) machine readable information in any form; and
[7921](£) artifacts.
[7923]13-00000
[7925]APR 4°37 10:14AM .
[7926]PAGE 42
[7927]56 Md. L. Rev. 1, *36
[7929]n203. See Exhibit. Nine infra p. 54 (contending that “Oswald would not have
[7930]been any sensible person's choice for a co-conspirator").
[7932]n204. See id. (advising that in discussing assassination with "politicians
[7933]and editors," CIA personnel point out ‘that the Warren Commission "made as
[7934]thorough. an investigation as humanly possible") . ;
[7936]n205. See id.
[7938]n206. See id. (noting that the American public's belief that Oswald did not
[7940]act alone “is a matter of concern to the U.S. Government, including [the CIA]").-
[7942]There is considerable irony in the CIA's position, both then and now. Much
[7943]of the speculation about the murder of President Kennedy has centered on the:
[7944]vole of that agency. n207 The only way to sustain its innocence in this matter
[7945]May well be to fully disclose the evidence, including selected sources and
[7946]methods, that will reveal conclusively that neither it nor some ‘foreign power
[7947]was behind the murder.
[7949]n207. See, e.g., Prouty, supra note 29 (reviewing the history of troubled
[7950]relations between the CIA and: President Kennedy); Alan J. Weberman & Michael
[7951]Canfield, Coup D'etat in America, The CIA and the Assassination of John FP.
[7952]Kennedy (1992) (asking whether Lee Harvey Oswald was a CIA agent); JFK, supra
[7953]note. 9.
[7955]Conclusion
[7957]The American public should not rely on the JFK Board to settle the question of
[7958]what happened in Dallas and why. That ia not the {*37] Board's mandate. 1208
[7959]The Board is not charged with answering the question of who murdered President
[7960]Kennedy. It is not running an investigation; it is, instead, seeking to disclose
[7961]documents in an age of open secrets, an age in which we have.come to embrace the
[7962]idea that openness is to be preferred and that accountability is the touchstone
[7963]for public confidence in government. n209 -
[7965]n208. See 44 U.S.C. 2107(2) (b) (1994) (identifying the purpose of the JFK Act
[7966]as establishing. the President John F. Kennedy Assassination Records Collection
[7967]of the National Archives and Records Administration and requiring "the
[7968]expeditious public transmission to the Archivist and public disclosure of such
[7969](assassination) records") .
[7971]n209. See supra note 14.
[7974]We are reminded almost daily by the press and. media spokespersons that the
[7975]‘maintenance of secrets is bad, that openness is good, and that accountability
[7978]13-00000
[7979], APR 04 797 16:14AM P.43/44
[7980]- PAGE 43
[7981]S6 Md. L. Rev. 1, *37
[7982]. 5
[7984]in all public matters is highly desirable. n210 Full disclosure is to be
[7986]preferred over partial; the full truth is better than something less, and the
[7988]more we know about what government has done, is doing, and plans to do, the more
[7990]Secure we will be in our liberties. Yet, the intelligence community charged with
[7991]making the case for secrecy often does so as a matter of routine rooted in .
[7992]tradition. n211 Secrecy in a democracy deserves better; it cannot be an end in A
[7993]itself, and it certainly cannot be justified simply to obscure the intelligence - °
[7995]services that generate much of it in the first place. Such an approach is
[7997]ultimately self-defeating, both for the intelligence community and for the
[7999]government it serves.
[8001]n210. See, e.g., Weiner, supra note 140 (discussing the CIA's slow release of
[8002]its files on the most important covert actions of the Cold War). The argument in
[8003]support of openness and accountability in government is advanced carefully by
[8004]Norman Dorsen & Stephen Gillers, None of Your Business: Government Secrecy dn
[8005]America (1974). wit
[8007]n211. See Wald, supra note 128 (observing that, at the Department of Energy,
[8008]“ideas are "classified at birth,’ or presumed secret until proved otherwise") ;
[8009]see also supra notes 124-134 and accompanying text.
[8011]George Bernard Shaw was correct when he argued: "There are no secrets better
[8012]kept than the secrets that everybody guesses." n212 Shaw's words surely describe
[8013]the approach of the intelligence agencies to the Kennedy assassination. In the
[8014]absence of disclosure, the public, goaded by a news-hungry press and an activist .
[8015]research community, will be left to speculate in sensational ways about the
[8016]assassination. Such speculation will continue to have predictably corrosive
[8017]consequences.
[8021]n212. Christopher Morley & Lovella D. Everett, Familiar Quotations: A
[8022]Collection of Passages, Phrases. and Proverbs, Traced to Their Sources in Ancient
[8023]and Modern Literature by John Bartlett 720 (12th ed. 1948) (quoting George
[8024]Bernard Shaw). ;
[8026]We should all be stunned that, with countless documents still hidden in
[8027]government filing cabinets, researchers, newspaper reporters, {*38]
[8028]columnists, and movie and TV producers have managed to convey a broadly held
[8029]view that the Warren Commission failed and that the government knows more than
[8030]it is telling. n213 We should stand in awe of their capacity to explain the
[8031]assassination in such breathtaking terms when so much still remains. under lock
[8032]and key. By breaking confidences with former informants and disclosing
[8033]clandestine CIA and FBI operations, a fuller record will put to the test the
[8034]most. sinister of all conspiracy theories: that the President was murdered by his
[8035]own government. Such a matter cannot be left to chance explanation because it
[8036]eats away at the foundation of public confidence in government, which neither
[8037]well-intentioned secrecy nor covert operations can restore.
[8039]13-00000
[8041]. APR @4 °97 10:14AM oo . + P.aaraa
[8043]i PAGE 44
[8044]bE 56 Md. L. Rev. 1, *38 .
[8046]What Americans require is a greater sense that they can trust their
[8047]government to protect the secrets that are genuinely important. The government's
[8048]persistent inability to:distinguish between what is vital and what is not n214.
[8049]lies at the heart of the debate about opennese and secrecy in government, ‘the
[8050]historical verdict on the Kennedy assassination, and the legitimacy. of our
[8051]intelligence. services in an admittedly dangerous world.
[8053]nz14. See Wald, supra note 128 (noting that the Department of Energy is.
[8054]spending $ 3 million on a computer program that will make an initial assess
[8055]regarding possible disclosure of 100 million pages of documents to. reduce t'
[8056]number of secret documents to a manageable quanticy. for further human
[8057]assessment) - ;
[8059]Americans have been left guessing about the Kennedy assassination since the
[8060]Warren Commission issued its report. When everything is secret, everything is
[8061]secret - and that is how the intelligence business operates. n215 In the case of
[8062]the Kennedy murder, however, that étrategy has taken a heavy toll. Our task is
[8063]to accept on a principled basis the importance of secrets in a democracy and to
[8064]protect what is truly valuable and in the public interest to keep secret. Only
[8065]then will it be possible to assess whether charges of a conspiracy to murder
[8066]President Kennedy are but another example of the virulence of the national ©
[8067]appetite for bogus revelation. . .
[8069]{SEE EXHIBITS IN ORIGINAL]
[8071]n215. See generally Marchetti & Marka, eupre note 72, at 370. (concluding that .
[8072]secrecy has become a “way of life" for U.S. intelligence operations) .
[8074]13-00000
[8076]‘AS NO OBJECTION To
[8079]REL GN AND/OR
[8080]i ORMATION
[8082]c oO V E R . _
[8083]S$ HE E fT
[8084]To: | _J. Barry Harrelson ~ c aS
[8085]Fax fi: 703-613-3063 .
[8086]Subject: Segregated Collections ‘ —
[8087]Date: April 23,1997 ee
[8088]Pages: 7, including this cover sheet. —
[8090]Today the Board adopted the attached guidelines.
[8092]From the desk of...
[8094]T. Jeremy Gunn
[8096]Genoral Counsel
[8098]Assasaination Records Review Board
[8099]600 E Street, N.W.
[8101]Washington, 0.C. 20530 .
[8103](202) 724-0086
[8104]Fax: (202) 724-0457
[8106]Boo1
[8108]13-00000
[8110]04/23/97 WED 15:53 FAX 202 724 0457 ARRB
[8114]iNT HIS hone
[8116]Assassination Records Review Board
[8117]Guldelines for Review of Postponements in the Segregated Collections
[8118]Adopted: April 23, 1997 a
[8120]Background re
[8122]In order to ensure that the Review Board will be able to complete its task of reviewing
[8123]all identified assassination records, the Board recently took two significant steps.” First,
[8124]on November 13, 1996, it adopted guidelines with respect to reviewing “Segregated
[8125]Collections” with regard to information that is “not believed relevant” (NBR)}-to the -
[8126]assassination. Second, in February 1997, the Review Board | requested Congress to
[8127]extend its tenure for one additional year.
[8129]It is the Review Board's judgment that, even with the assumption that our operations
[8130]may be extended through Fiscal Year 1998, the Review Board cannot hope to complete
[8131]review of postponements in the Segregated Collections under the current method of
[8132]review. In particular, a reasonable modification of current postponement standards
[8133]would greatly expedite and facilitate the release of additional information and records.
[8135]' Otherwise, the Review Board might cease operations without having reviewed claimed
[8137]postponements in tens of thousands of pages of FBI and CIA records.
[8139]Postponement Criteria for the Segregated Collections
[8141]In a further effort to enhance the Review Board's work, the Review Board now issues |
[8142]these revised guidelines for the review of records in the Segregated Collections.‘
[8144](These guidelines do not affect the FBI's Core and Related Files or the CIA's 201 file on
[8145]Oswald.) The four principal factors that underlie these review guidelines are: first,
[8146]continuing, to the greatest reasonable extent; the Review Board's established
[8147]guidelines for postponements that have emerged over the past two years; second,
[8148]establishing guidelines consistent with the Review Board's decision regarding NBR
[8149]records; third, establishing reasonable and workable guidelines that will enable the
[8151]The regulations adopted by the Board on November 13, 1996, define.
[8152]“Segregated Collections” as including first, FBI records that were requested by: (a) the
[8153]House Select Committee on Assassinations ("HSCA’) in conjunction with its
[8154]investigation into the Kennedy assassination; (b) the Church Committee in conjunction
[8155]with its inquiry into issues related to the Kennedy assassination; and (c) by other bodies
[8156](e.g., Pike Committee, Abzug Committee, etc.) that relate to the Kennedy
[8157]assassination; and second, CIA records including (a) the CIA's Sequestered Collection
[8158]of 63 boxes as well as one box of microfilm records and the microfilm records (box 64),
[8159]and (e) several boxes. of CIA staff “working files.”
[8164]13-00000
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[8167]R's L
[8170]Review Board, the ARRB staff, the CIA, and the FBI to complete the significant amount
[8172]_ of work that remains; and finally, to provide reasonably consistent standards for the
[8174]review of postponements that would apply equally to CIA and FBI records.
[8176]The following are, in summary form, guidelines for reviewing postponements in the a
[8178]Segregated Collections.”
[8180]CIA Source and FBI Informant and National Security Asset. Postponements
[8182]There are, of course, similarities and differences between FBI informants and CIA
[8184]sources, Like FBI informants and national security assets, CIA sources may or may'not |
[8186]be paid for the information that they provide and they may or may not be providers of -
[8187]information over the long-term. When providing information to the Bureau, FBI
[8189]informants generally are understood to be cooperating with law enforcement officials for ©
[8191]a legal and legitimate purpose. It is often the case, although not always, that FBI
[8192]informants understand that at some point their name might surface in conjunction with a
[8193]criminal prosecution and that they may need to testify in court. Foreign CIA sources
[8194]and FBI national security assets, however, are not necessarily deemed to be
[8195]cooperating with law enforcement officials but may, in fact, be committing the crime of
[8199]espionage. against their native country by cooperating with US authorities. Furthermore, .-
[8201]unlike FBI informants, CIA sources and FBI national security assets presume that thelr —
[8203]names will not be released publicly and they certainly presume (in the ordinary course)
[8204]that thelr identities will not surface in criminal trials. As a practical matter, it is generally
[8205]much easier today for the FBI to locate a former informant who resides in the United
[8206]States than it Is for the CIA and FBI to locate former sources and national security |
[8207]assets.
[8209]Despite these differences -- differences which would generally suggest a greater
[8210]degree of protection being owed to CIA sources and FBI national security assets -- the
[8211]issues in terms of postponements are fundamentally similar. .
[8213]*The existing “NBR” guidelines allow the Review Board to remove from detailed
[8214]consideration those records or files that truly have no apparent relevance to the
[8215]assassination. Nevertheless, a significant number of files in the Segregated Collections
[8216]contain records that shed some light on issues that the HSCA explored as potentially
[8217]relevant to the assassination of President Kennedy. The following criteria would apply
[8218]to all records in the Segregated Collections, including records containing some NBR
[8219]redactions.
[8221]13-00000
[8223]0
[8224]4/23/87 WED 15:54 FAX 202 724 0457 ___ARRB_
[8228]CIA Sources - | oe
[8230]The Review Board established guidelines, during its December 1 996 meeting, for
[8231]handling CIA source issues .and applied those guidelines at the January 1997 meeting.
[8233]' These guidelines directed the protection of names and identifying Information of CIA,
[8234]sources in cases where the identity of the source Is of low public interest or Is peripheral .
[8236]to the JFK assassination. The Board’s decision was based on two factors: the concem
[8237]that since CIA sources generally live outside the United.States, they could risk hatm if
[8238]their identities were revealed. Moreover, many of the sources referenced In cia
[8239]records appear infrequently and are of relatively low public interest. Therefo;
[8241]records where the identity of the source Is of importance for understandingthe’
[8242]assassination, the CIA will be required to provide additional evidence to Support the:
[8243]protection of the source's Identity.* In cases where the identify of the source is
[8244]peripheral to the assassination story, the information will be postponed until 2017.
[8246]FBI Natlonal Security Assets
[8247]FBI national security assets should be treated in the same manner as CIA sources.
[8248]FBI informants
[8249]informant issues represent the largest category of postponements in the FBI's .
[8250]Segregated Collection, as they do in the “core” FBI assassination files, They also
[8251]provide the greatest opportunity for streamlining the review process. Currently, there
[8253]are ten members of the Bureau’s JFK Task Force who are responsible for researching
[8254]individual informants in response to evidence requests from the Review Board.‘ They
[8256]retrieve and review the informants’ files and attempt, through DMV, Social Security, and _
[8258]other database searches, to determine if the informant is alive. Under current Review
[8259]Board standards for “core” files, this work is necessary to provide evidence to support
[8260]redacting the informant’s name, regardless of whether the informant provided
[8261]information. Removing the requirement of proving whether informants are alive in the
[8262]Segregated Collections would free up significant resources that could be deployed to
[8263]reviewing unprocessed HSCA subject files.
[8265]The new approach to HSCA subjects is to protect informant-dentitying information, —
[8267]3An example would be the case of John Sceiso (pseud.). The Board found that
[8268]his identity is relevant to the assassination story and CIA offered evidence of a
[8269]continuing need to protect the identity. In this case, “Scelso” documents would:
[8270]continue to be scheduled for release in five years.
[8272]‘Six work full-time on informant evidence, four devote about half their time to
[8273]informant evidence.
[8277]13-00000
[8279]04/23/97 WED 15:55 FAX 202 724 0457 ARRB : . . oos
[8281]Ae
[8283]without requiring the Bureau to make a showing that the informant is alive. This-°
[8284]protection would extend to Individuals characterized as symbol-number informants,
[8285]“PSls,” “PCls,” “established Sources,” “panel sources,” and the like —- designations that
[8286]indicate an ongoing relationship with the FBI. It would not extend to Individuals who
[8287]requested that their identity be protected in an isolated contact with the FBI or to local.
[8288]and state law enforcement officers. .
[8290]The ‘informant-identifying information” to be protected would include the customary
[8292](Le., informant-specific) portions of informant symbo! numbers and file numbers,
[8293]informant: names, and -- at least potentially -- descriptions of, and information received
[8294]from, the informant. How much, if any, of the latter type of information should’ ‘be
[8295]redacted would be the principal focus of staff-level discussions with the FBI. The staff's
[8296]principal goal in this process, with regard to each informant, would be fo release as
[8297]much information that is relevant to understanding the assassination as possible. In
[8298]discussions with the FBI, the staff would be prepared, if necessary, to concede
[8300]redaction of informant-identifying information that is unrelated to the assassination in
[8301]order to ensure that more pertinent information is reledsed,®
[8303]The presumption will be: that an informant's identity will be released if the informant
[8304]' provides “positive” information about an assassination-related issue. To overcome this
[8305]_Presumption of release for informants with “positive” information, the FBI-would.need.to.
[8306]make a particularized showing that the identifying information should not be released.
[8307]To the extent that an informant’s identity | is protected, it will be postponed until 2017,
[8309]CIA Employee Name Postponements
[8311]Over the past year the CIA has addressed the employee name issue and has released
[8312]some names that it had previously asked the Board to postpone. But.during that time
[8313]the list of names has grown to a size that had not been imagined at the time the work
[8314]began. To date, the Review Board staff has identified in the JFK Collection over 650
[8315]' names of CIA employees. These names appear in more than 1000 documents already
[8317]reviewed by the Board and numerous additional records that have not yet been
[8318]processed. While some of these employee names are important to the assassination
[8320]"story, many appear only.a few times in the entire JFK Collection and seem to add little,
[8321]if any, important information.
[8323]‘In HSCA subjects, there typically will not be information about Ruby, Oswald or
[8324]the assassination itself. However, in'a file on, for example, Sam Giancana, there may
[8325]be informant reports on Giancana’s support of anti-Castro activities, and reports from
[8326]the same informant on day-to-day numbers operations in the Chicago area. The staff
[8327]would set a higher priority on release of the former reports than on the latter.
[8329]13-00000
[8331]04/23/97 WED : a
[8332]| 34: 15:55 FAX 202 724 0457 ARRB | Boos
[8336]CIA's argument to protect employee names emphasizes a number of points. First,
[8337]since many employees are “under cover,” the maintenance of that cover is critical to
[8338]gathering intelligence. CIA argues that identification of a name can identify the cover
[8339]provider and jeopardize operations. Second, although the majority of names are of
[8341]‘retired CIA employees, CIA has a confidentiality agreement with them and many do. not
[8343]- want their past Agency affiliation released. The argument here is that release may ~
[8345]jeopardize business relationships or personal safety. Such arguments have already
[8346]been presented to the Board. . Their.merit can only be.determined on a case-by-case
[8347]basis. However, due to:the volume of names in the JFK Collection, the individual
[8348]review and evaluation of each case would delay significantly the review of documents
[8349]and ultimately. lead to less total Information becoming available to the public”
[8351]CIA has proposed, and the Review Board agrees, that CIA employee names be treated
[8352]in a manner similar to that applied to Source names: to postpone until 2017 those
[8353]employee names that are of low public interest or are of peripheral interest to the
[8354]assassination. it will be presumed that employee names will be released If their
[8355]identities are important to the assassination story unless the CIA is able to provide
[8356]specific information of a potential harm of release. (CIA acknowledges the presumption
[8357]of release unless specific evidence is provided to the Review Board that harm to’
[8358]national security or to personal safety would result from the release of the employee
[8359]name.) -
[8361]FBI “Foreign Counterintelligence” Postponements
[8363]It is presumed that the FBI will, at.least partially, carry over its post-appeal standards for
[8364]disclosing “FCI” activities targeting Communist-bloc nations. To the extent that the
[8365]HSCA subjects reflect “FCI* activities against other nations that have not been
[8366]addressed by the Review Board in the “core” files, the FBI will be allowed to redact
[8367]direct discussion of such activities, unless the information In the proposed redaction
[8368]meaningfully contributes to the understanding of the assassination. -
[8370]FBI and CIA Foreign Liaison Postponements
[8372]The criteria for these _postponements would not, in the abstract, depart significantly from
[8373]the Review Board's current approach of releasing information received through liaison
[8374]channels, while protecting direct acknowledgment of the source of the information. In.
[8375]practice, however, the staff would be more flexible in protecting text that implies,
[8376]although may not. ‘unambiguously state, that a foreign government is the source of
[8377]particular information. Nevertheless, the more significant the information is to any
[8378]assassination-related issue, the more information would be released under these
[8379]guidelines.
[8381]13-00000
[8383]04/23/97 WED 15:56 FAX 202 724 04§7__. ARRB
[8385]CIA Stations and Other Issues
[8387]Over the past two years the Review Board has established other guidelines that will
[8388]continue to guide the review process, some of which will be outlined here. ‘For CIA ©
[8390]stations, all locations related to the Mexico City story will be released during the period”
[8392]1960-69. Outside of that window, they will be released on a case-by-case basis should
[8393]the identity of the station be critical to understanding the assassination. Other stations,
[8394]except for those identified as particularly sensitive, will be released from the beginning
[8395]of the Kennedy administration until the publication of the Warren Commission. report,
[8396](i.e., January 1, 1961 to October 1, 1964). Outside of these windows, stations. will be.
[8397]postponed. Cable prefixes, dispatch prefixes, and field report prefixes would be _’
[8399]postponed or released according to the same windows .as the stations to which they .
[8401]refar. CIA job titles also are redacted or opened along with the station at which the
[8402]officer served.
[8404]Crypts would be released along lines similar to other information. All “LI” crypts, except
[8405]those considered particularly sensitive would be released through October 1, 1964, as
[8406]are “AM” crypts and U.S. goverment crypts. In other aréas, only the digraph is
[8407]protected. Again, the exception is sensitive crypts, which would be protected in their
[8408]entirety. After October 1, 1964, the presumption shifts towards protection of the crypts,
[8409]except those that provide meaningful information about the assassination story. (For
[8410]example, crypts pertinent to Garrison-era documents would likely carry the same
[8412]presumption of release as those generated during the Warren Commission.)
[8414]Surveillance methods will be released if the nature of the surveillance has a material
[8416]bearing on information related to the assassination unless CIA provides evidence
[8417]demonstrating the political or operational sensitivity, in which case the information will
[8418]be released In 2017, a
[8420]e:\arrb\regs\eview.wpd
[8422](gj 007
[8424]13-00000
[8426]SC) OBJECTION TO \
[8427]IOATION AND/OR
[8428]CIA INFORMATIC*'
[8430]MEMORANDUM IN TRIS GDUCUMENT
[8432]September 16, 1997
[8433]To: "Review Board
[8434]* From: T. Jeremy G om
[8436]Subject: Proposed ARRB Timefabld fon Review of CIA Records Le
[8438]"2 IL. Background - OO oe
[8439]The CIA Team has developed a preliminary timetable that we hope will provide a
[8441]reasonable framework for completing our review of CIA’s assassination records by
[8442]August 1, 1998.’ We are creating this timetable for three purposes:
[8444]“a ONDER Rome neti nA oe ey Ra te
[8446]First, to establish our own working target dates to measure Review Board progress
[8447]against the mandatory deadline established by the JFK Act.
[8449]Second, to provide CIA with our best assessment of the order and scope of our review. _
[8450]so that it can make its own intemal judgments on the proper allocation of its resources.
[8451]We provided CIA prior drafts of this memo and solicited its specific advice and
[8452]suggestions for better ways to accomplish our goals. [We have not asked CIA to _
[8453]“agree” to these deadlines, but we have encouraged it to provide alternative
[8454]suggestions on how best to meet the August 1 deadline.] .
[8456]Third, to solicit the Review Board’s advice regarding “enforcement” of these (or other)
[8457]targets, Although we surely hope that both the ARRB staff and CIA will be able to meet
[8458]the targets, and although we certainly plan to make all reasonable accommodations for
[8459]problems that no doubt will arise, we nevertheless anticipate that it is possible that CIA
[8460]might not be able to keep to these timetables. Thus, we anticipate that there may well
[8461]be times when blocks of records scheduled for Board review will not have been fully
[8462]processed by CIA. It is our judgment that, in keeping with our commitment to
[8463]Congress and to the goals of the JFK Act, we may need to have the Board act on groups
[8464]of records for which CIA has not completed its initial review. At the risk of over-
[8465]repetition, the ARRB staff seeks to be as reasonable and accommodating as it can on
[8466]timetables, provided that any proposed changes are consistent with our obligation to
[8467]complete the task. We realize that this review may have resource-allocation
[8469]' ‘By establishing this target date, we will provide ourselves witha two-month
[8470]cushion to handle possible appeals and miscellaneous issues that doubtless will arise. —
[8472]13-00000
[8476].consequences for CIA and we expect to refine this timetable both to minimize thy
[8477]resource impact and to allow. us:and the CIA to proceed most efficiently 1 ‘With the
[8478]review. We also.take very seriously our commitment to Congress to.complete o1
[8479]-onschedule. Is the Board prepared to make decisions on Tecords if if CIA has not
[8480]completed its review and to enforce those decisions? ,
[8482]II. Issues applying to all CIA record groups vo - qo
[8483]During the course of CIA's review, it frequently identifies record tay eo
[8485]is prepared to open in full without Board action. Althdéugh there is a~
[8487]_ Records to be opened-in-full i
[8488]benefit in promptly forwarding such records to NARA, it is less expensive © 7 a |
[8491]for CIA to process these records during the summer months.
[8492]. Accordingly, we are prepared to agree with CIA that it may delay.
[8493]processing such records, provided that all such processing of open-in-full
[8494]* records will be completed by August 30, 1998.
[8496]Duplicates 7
[8497]CIA will continue to identify duplicates and may process them after all
[8498]other documents have beeni reviewed and transferred to NARA. If the
[8499]ARRB is shown that any given record is a duplicate, CIA need not
[8500]complete the processing before September 30, 1998.
[8502]SC mat eat
[8504]IH. CIA Record Groups
[8506]A. Oswald 201 File (17 boxes)
[8507]- current status: - .
[8508]/ review completed (witha few minor exceptions)
[8510]FE earn SRS
[8512]ssnegter,
[8516]B. CIA Sequestered Collection
[8518]1. “The 63 boxes”
[8519]- current status:
[8520]The ARRB staff has completed a survey of the 63 boxes (on the
[8521]folder level) and has assigned each folder a relevance priority on a
[8522]1 to 4 scale. CIA has completed its declassification review of
[8523]roughly 66% of the priority 1 folders.
[8525]The ARRB Staff has completed its own review of approximately
[8526]50% of the priority 1 records and those records have been (or.
[8527]Shortly will) be voted on by the Board.
[8529]NRRL PETG, TNS be
[8531]13-00000
[8533]_op/iersy TUE 123 36° FAX 202 724 0457 . ARRB |
[8535]. © b
[8537]_- target dates:
[8538]Completion of final review ‘of 63 boxes by January 31, 1998. :
[8540]-~time line:
[8542]- 9/30/97 —_ box 40 (priority 1)
[8543]10/31/97 box 48 (priority 1) .
[8544]11/30/97 box 56 (priority 1)
[8545]12/31/97: _ box 63 (priority 1)
[8546]1/31/98 all priority 2,3 and 4
[8548]2. HSCA Staff notes (originally interfiled in the 63 boxes)”
[8550]Record Identification Forms prepared for all documents. cla -
[8551]review is 80% complete. ARRB staff completes. its review shortly
[8552]after receiving records from CIA.
[8555]Complete Board voting by November 18, 1997.
[8557]3. Microfilm (72 boxes)
[8558]~current status:
[8559]CIA identified approximately 33% of these records as NBR. ARRB-
[8560]staff has reviewed all CLA NBR designations, and has identified
[8561]additional records that should be reviewed by the Board.
[8563]The ARRB Staff will discuss with the CIA the preparation of Record
[8564]Identification Forms (RIFs or “IDEN aids” in CIA terminology) and,
[8565]develop aplan that will best facilitate review.
[8567]- target dates:
[8569]CIA begins review by November 1, 1997 and completes review by
[8570]July 2,198, |
[8572]Complete Board determinations by Tuly 3 31, 1998.
[8574]*The ARRB staff has.no objection to the records being identified entirely on the
[8575]folder level provided that all records in the folder are open-in-full. If there are records —
[8576]in which the CIA is requesting redactions, those records must be identified ;
[8577]individually. The remainder of open-in-full records may still be identified with one RIF .
[8578]as being the contents of the same folder.
[8580]a:
[8582]oon,
[8584]meng eR es
[8586]i
[8590]ogee ETT 0 HE aaa ert
[8592]13-00000
[8594]- tentative time line: |
[8596]:, 11/30/97. «sboxes 1-6
[8598]12/31/97 “boxes 7-13 © —
[8600]-- 1/31/98 ~ boxes 14-19 ON Mae
[8601]2/28/98 — boxes 20-25. a = ae
[8602]3/31/98  boxes26-31&4445 = -
[8603]- -* + (Boxes 32-43 contain LHO’s 201 file, which will,
[8605]be treated as a special case.)
[8606]4/30/98 boxes 46-51. a
[8607]5/31/98  boxes52-62 = Pee
[8608]6/30/98 boxes 63-72 =< Te
[8610]4. Microfilm copy of Oswald 201 (approximately 12 boxes)
[8611]- issue:
[8612]The vast majority (if riot all) Oswald Microfilm records are
[8613]_ duplicates of records the Board has already reviewed under the JFK
[8614]- Act. To the extent that the records previously have been reviewed,
[8615]there is little value in re-reviewing the records. The ARRB staff will
[8616]_survey the Microfilm 201 in an effort to identify any additional
[8617]~ records that have not already been acted upon by the Board. All: -
[8618]records not: previously : acted upon by the Board willbeso
[8619]designated, a RIF will be prepared, and they will be sent for Board
[8620]action. The remaining Microfilm 201 will be transferred to the JFK .
[8621]Collection at NARA and opened in full i in 2017.
[8623]Soe oe EMRE Dee ORS Sr scape ape ht OST
[8625]see wBtatust : |
[8626], Staff has completed its initial survey and has thus faridentifiedno
[8627]records in the 201 Microfilm that are not already in the JFK
[8629]Collection.
[8635]FES ATE TES
[8637]C. “Working Files” (including: “Russ Holmes” "papers, etc)
[8640]No Record Identification Forms have been prepared. ARRB staff i
[8641]has conducted a general survey. i
[8642]- ~target dates:. .
[8644]Work to commence by CIA on October 1, 1997. CIA should
[8646]’ prepare Record Identification Forms for all records by January 1, 7
[8647]1998. Completion of review and Board determinations by March :
[8648]31, 1998. . 3
[8650]13-00000
[8652]wo
[8654]_ strategy: . oo
[8655]The “working files” is a group of records that w was aésemble
[8656]CIA by Russ Holmes. Although he was not: asked formally by CIA
[8657]to create this separate records group, he did so in order to facilitate
[8658]his work and, perhaps, to satisfy his own curiosity. The group -
[8659]. contains many original records (copies of some of which ate
[8660]already in the collection) and it includes some records of which we
[8661]are aware of no other copies. It is the best-organized collection o
[8662]oo _ assassination records held by CIA. Its value as a referencétool is _ .
[8663]greatest as a collection. Therefore, though the file contains many
[8664]- duplicates of records found in the JFK collection, the ARRB staff
[8665]‘recommends that it be preserved as a'single group. Duplicates and
[8666]open-in-full documents should be treated in the sare manner as
[8667]they are in the rest of the JFK Collection. As with the microfilm
[8668]- from the Sequestered Collection, the ARRB staff has no objection to
[8669]the records being identified on the folder level provided that all
[8670]records in the folder are open-in-full. If there are records in'which
[8671]CIA is requesting redactions, those records must be identified
[8672]individually. The remainder of open in full records may still be
[8673]identified with one RIF as being the contents of the same folder.
[8675]D. Additional Records
[8676]- status:
[8677]Research, requests, and negotiations continue to identify and
[8678]_ include additional CIA records for the JEK collection.
[8680]Oswald Office of Security File. As a result of an ARRB staff request -
[8681]for additional information and records, CIA located portions ofa
[8682]previously undisclosed Office of Security fileon Lee Harvey
[8684]_. Oswald. This seven-volume file, of which six parts have been
[8686]_ located, contains two volumes of press clippings, third agency.
[8688]material on Oswald, a copy of Oswald’s address book, and Marina . " j
[8689]Oswald’s INS file. In the upcoming: months CIA will begin to
[8690]review and process these materials.. "
[8692]- time line:
[8693]Completion by July 31, 1998.
[8695]- strategy:
[8696]Continue current efforts.
[8698]13-00000
[8700]E. Referrals ., SO
[8701]1. HSCA referrals (Numbered files, Security Classified Testimony,
[8702]+ status: oe
[8704]most of these records have been reviewed. The database suggests ae
[8705]that a percentage of them has slipped through thecracks,
[8707]~ strategy: . a oo
[8708]Continue to clarify the status of records. Review
[8709]records. so .
[8711]2. Other referrals (FBI, Church Committee, LB] Library, JPK Library, etc.)
[8712]~ Status and strategy: _
[8714]Records will be coordinated and reviewed ona case by casé basis. .
[8716]any remaining =
[8721]a
[8723]y
[8725]Bech pb ee oh I
[8727]mae
[8729]13-00000
[8731]“a
[8733]Viet for 22 July 1996; 10:00 a.m.
[8735]Presidential JFK Assassination Reco
[8737]12 July 1996
[8739]David George Marwell
[8740]Executive Director
[8742]Michelle Marie Seguin
[8743]Robert John Skwirot
[8744]Manuel Espiritu Legaspi
[8745]Mary Sperling McAuliffe.
[8746]Christopher Meade Barger
[8748]Thomas Jeremy Gunn
[8749]Legal Counsel
[8751]ate
[8753]12/31/51
[8755]1/12/69
[8756]7/28/56
[8757]8/04/68
[8758]9/25/43
[8759]6/25/68
[8761]8/25/52
[8763](29-74-8907 >
[8767]( 376-88-5236 *
[8770]/568-53-8907
[8771](36-44-4357
[8773]469-98-3261
[8775]13-00000
[8777]CRET
[8779]15 May 1995
[8781]FOR: David Marwell
[8782]Executive Director, ARRB
[8784]FROM: John Pereira
[8785]CIA/Historical Review Group
[8787]SUBJECT: Mexico City/Sensitive Information
[8789]The Directorate of Operations prepared the attached
[8790]statement to assist the Assassination Records Review Board.
[8791]The statement explains the sensitivity of the records .
[8792]related to telephone tap operations in Mexico City. This -
[8793]may help provide a perspective for further discussions. on.
[8794]the subject.
[8796]Yo?
[8798]Dee. p-etinte th,
[8800]john Pereira
[8802]Attachment
[8804]13-00000
[8806]SUBJECT: Release of Information on Mexico City Teltaps
[8808]1. Protection of sources and methods (and liaison 1 equities >
[8809]require that references to the Mexico City Station teltap
[8810]activity be excised from any documents released under the
[8811]auspices of the JFK Assassination Record Collection Act of 1992.
[8812]While the teltap activity mentioned in the documents under review
[8813]occurred some thirty plus” years _ago, [the “Joint teltap operation.,
[8814]with Mexican liaison has never been terminated; it continues to/
[8816]| this day in a | Slightly different Form. oo nn
[8820]2. Release of any information that would constitute
[8821]official USG acknowledgment of the existence of the Goint teltap %
[8822]operation would have a serious adverse impact on current =~
[8823]operations. Relations between the Station and the liaison)
[8824]service would be affected, with the likely outcome of :
[8826]iscouraging liaison from cooperating in similar ventures in the ~
[8828]Gxiete with Mexico City Station. Official acknowledgment of the /
[8830]xistence of the joint teltap in the 1960's would embarrass the /
[8832]!liaison service: given Mexico's strong brand of nationalism and
[8833]sensitivity towards the issue of sovereignty vis a vis the United
[8835]States. (The service. probably would terminate its cooperation)
[8836]{with the Station on the current joint teltap operation’ in” order
[8837]to be able to defend itself against domésStic-critics.
[8839]SBCRET
[8841]13-00000
[8843]1
[8845]ras tA INFORMATION, .
[8847]i NeAND/OR
[8849]OFFICE PHONE LIST
[8851]Ahmed,Sarah 260°"
[8853]¢ _ >.) * Combs, Michelle * 262
[8854]oo ae 8 os Denk, Laura 265
[8855]. DiFrisco, Jessica 7 _ 258
[8857]Fagnant, Marie "n- ,, 230
[8858]Fletcher, Carrie OS 847
[8859]Goslee, Jim  ~- ~~ 259
[8860]Gunn, Jeremy ~~ 226/267
[8861]Haron, Ron 239
[8862]Horne; Doug 245
[8863]Legaspi, Manuel _ 261
[8864]Marr, Irene © 243
[8865]Mays, Christina "255
[8866]Olson, Jerrie ; 254
[8867]Reddy, Sydney . . 246
[8868]Rhodes, Chet 240
[8869]Rockwell, Benjamin 242 coe
[8870]Rodriguez, Cathy 238 i
[8871]Samoluk, Tom . 227 V-maif 7
[8872]Shycoff, Tracy 233 —_
[8873]Skwirot, Robert 268
[8874]Spells, Janice _ 221
[8875]Sullivan, Eileen - 253
[8876]Tiernan, Kevin 264
[8877]Voth, Peter 256
[8878]Zimmerman, Joan 263
[8879]Kitchen . 223
[8880]Board Room 236
[8881]SCIF | 241
[8882]Guest Phone _ 225
[8884]Juelich, Rochelle (Intern) 224
[8886]13-00000
[8888]KARR hf
[8890]Barger, Chri$topher Meade
[8891]Combs, Kathryn Michelle
[8892]Golrick; Philip David
[8893]Gunn, Thomas Jeremy .
[8894]Legaspi, Manuel Espiritu
[8895]Marr, Irene Frances
[8896]Marwell, David George
[8897]Rosen, Brian Eliot
[8898]Skwirot, Robert John
[8900]Trzaska-Sails, Valerie Marie
[8902]UN eee Ts,
[8903]<469-98-3261 |
[8907]7 529-74-8907
[8916]os
[8918]j
[8927]V
[8929]13-00000
[8931]Home | -[ Combs P| - Skwirot
[8932]Military Taam Leader Special Assistant - _ CIA Coordinator
[8934]‘Assassination Records Review Board Staff
[8935]‘ October 1, 1997
[8938]a
[8941]Gunn
[8942]Executive Olractor
[8944]Samoluk
[8945]Deputy Director
[8947]Haron -
[8948]; Associate
[8949]. Generat Counsel
[8951]Shycott
[8952]Associate Director
[8954]Administration
[8956]Administration
[8958]. Rhodes,
[8959]Olson, Rodriguez, |
[8961]Mays, Spelis
[8963]_ Herd
[8964]Senlor Attorney.
[8965](pending)
[8967]Sulllvan aT
[8968]Press and Public
[8969]Affairs Officer”
[8971]Presidentlat Libraries
[8972], NARA:
[8974]. Denk
[8975]FB! Team Leader
[8976]Research and Review sTlornan
[8977]. Senior Analyst
[8978]NSA Ad Usss DiFrisco, Legaspl, | Ahmed, Fagnant,
[8979]. Legaspl Jf . Zimmerman
[8980]Santor Analyst Marr, Rockwell, Fletche » fleddy
[8981]: . Voth . .
[8982]WC/HSCA De
[8984]Zimmerman
[8986]Solid line equals reporting relatlonshi;
[8987]Dotted {Ine equals concurring relationship.
[8989]“Senlor Analyst .
[8991]Church, SSCl,
[8992]PFIA8, NSC,
[8993]Congressional,
[8994]Postal Service
[8996]13-00000
[8998]Assassination Records Review Board
[8999]600 E Street NW - 2nd Floor - Washington, DC 20530
[9000](202) 724-0088 + Fax: (202) 724-0457
[9002]‘=CTION TO
[9003]i AND/OR
[9005]2 ClAINFORMATION
[9006]CUMENT
[9008]THE ASSASSINATION RECORDS |
[9009]REVIEW BOARD
[9011]“All Government records concerning the assassination of President John F. Kennedy
[9012]should carry a presumption of immediate disclosure." : .
[9013]The President John F. Kennedy Assassination Records Collection Act of 1992
[9014]Public Law 102-526, October 26, 1992
[9016]Pos
[9017]Introduction to the Assassination Records Review Board’... Og -
[9018]The Assassination Records:‘Review Board is an independent federal agency created to oversee e the
[9020]identification and release of records related to the assassination of President John F. Kennedy.
[9022]The Review Board was established by The President John F. Kennedy Assassination Records
[9024]Collection Act of 1992 (PL 102-526), and was signed into.law by President George Bush. The
[9025]five members of the Board were appointed by President Clinton, confirmed by the United States
[9026]Senate, and swom in on April 11, 1994.
[9028]The law gives the Assassination Records Review Board the mandate and the authority to
[9029]identify, secure, and make available all records related to the assassination of President Kennedy.
[9031]The Board has until September 30, 1998 to fulfill its mandate.
[9033]The Review Board Members
[9034]The Review Board consists of the following members:
[9036]1. The Honorable John R. Tunheim, Chair; United States District Court J udge, District of
[9037]Minnesota. a
[9039]2. Dr. Henry F. Graff; Professor Emeritus of History at Columbia University.
[9041]3. Dr. Kermit L. Hall; Dean, College of Humanities, and Professor
[9042]of History and Law at The Ohio State University.
[9044]4. Dr. William L. Joyce; Associate University Librarian
[9045]for Rare Books and Special Collections at Princeton University.
[9047]5. Dr. Anna K. Nelson; Distinguished Adjunct Historian in Residence at The American
[9048]University. ‘
[9050]Boaro Memaers: Joha R. Tunheim, Chair « Henry F. Graff» Kecmit L. Hall - William L. Joyce « Anna K. Nelsoa
[9051]Executive Oinecror: David G. Marwell
[9053]13-00000
[9055]Ly
[9057]The Law oO
[9059]The President John F. Kennedy Assassination Records Collection Act was enacted by the-
[9060]Congress and signed into law by President George Bush on October 26, 1992. The law states
[9061]“All Government records concerning the assassination of President John F. Kennedy should carry
[9062]a presumption of immediate disclosure." :
[9064]The law mandates that all assassination-related materials be housed in a single collection in the
[9066]National Archives’ and Records Administration (NARA).
[9070]The Act defines five categories of information for which disclosure may be postponed, including
[9071]national security, intelligence gathering, and privacy -- providéd there i is “clear and convincing
[9072]evidence" of some harm which outweighs public disclosure. . ;
[9073]The law requires all federal agencies to make an initial assessment of whether they possess
[9074]records relating to the assassination. The agencies themselves will conduct an initial review to
[9075]determine whether their records may be disclosed immediately or whether disclosure should be
[9077]postponed. The agencies must then give all records that are not disclosed to the Review Board.
[9079]‘The Review Board will then evaluate all agency decisions to postpone the release of records.
[9081]Once the Board completes its review of an agency's recommendation for postponement, all
[9082]records, including those that have a postponed release date, will be transferred to NARA. The
[9083]Act requires that all assassination records must be opened by 2017, with the exception of records
[9084]certified for continued postponement by the President.
[9086]Authority of the Assassination Records Review nara
[9088]_The Senate report of The President John F. Kennedy Assassination Records Collection Act of
[9089]1992 stated that " the underlying principles guiding the legislation are independence, public
[9091]confidence, efficiency and cost'effectiveness." In order to achieve these objectives, the Act gave
[9092]the Board the specific powers to:
[9094]+ direct government offices to provide identification aids and organize assassination records;
[9095]* direct government offices to transmit assassination records to the National Archives;
[9096]* obtain assassination records that have been identified and organized by a Government office;
[9098]* direct government offices to investigate the facts, additional information, records, or testimony
[9099]from individuals which the Board has reason to believe is required;
[9103]request the Attorney General to subpoena private persons to compel testimony, records, and
[9104]other relevant information;
[9108]require any Government office to account in writing for the destruction of any records relating
[9110]13-00000.
[9112]oe
[9116]_*
[9118]to the assassination of President Kennedy;
[9120]* receive information from the public regarding th the identification and public disclosure of,
[9121]assassination records; and a
[9123]* hold hearings, administer oaths, and subpoena witnesses and documents.
[9125]Background and Need for the Law
[9127]On November 22, 1963, President John F. Kennedy was assassinated while traveling in a
[9128]motorcade in Dallas, Texas. His tragic death, and the subsequent murder of Lee Harvey Oswald,
[9129]the President's alleged assassin, led to the creation of The Warren Commission, seven days after
[9130]the assassination.
[9134]Amid continuing public doubts that all of the facts surrounding the assassination had not-conie to
[9135]light, the House of Representatives established the House Select Committee on Assassinations in
[9136]1976 to reopen the investigation.
[9138]In addition to these two major federal investigations devoted to the investigation of the
[9139]assassination of President Kennedy, three other federal investigatory.bodies have dealt with the
[9140]assassination to some degree. President Ford created The Rockefeller Commission in 1975 to
[9141]investigate Central Intelligence Agency activities within the United States. Part of the
[9142]Commission's efforts related to the Kennedy assassination. Also-in 1975, Congress created the
[9143]Senate Select Committee to Study Governmental Operations with Respect to Intelligence
[9144]Activities (the Church Committee) and the House Select Committee on Intelligence (the Pike
[9145]Committee). Some of the work of these committees was related to the assassination.
[9147]Despite these official investigations and with private researchers continuing their efforts, the
[9148]public was not satisfied that all of their questions about the assassination of President Kennedy
[9149]had been answered. The result was the passage of The President John F. Kennedy Assassination
[9150]Records Collection Act of 1992, which included the creation of the Assassination Records
[9151]Review Board.
[9153]Contacting the Assassination Records Review Board
[9154]The President John F. Kennedy Assassination Records Collection Act of 1992 provides that the —
[9156]Review Board has the authority to “receive information from the public regarding the
[9158]identification and public disclosure of assassination records."
[9160]If you have relevant information regarding records relating to the assassination of President John
[9161]F. Kennedy, or would like to learn more about the Board, please contact us at:
[9163]The Assassination Records Review Board
[9164]600 E Street, N.W., Second Floor
[9165]Washington, D.C. 20530 |
[9166]Telephone: (202) 724-0088; Fax: (202) 724-0457