* ’ oS NS Re Ae iS ne ee SS SE eee PES ane a 2 eR Prim aA © SAO Soe nei Sat eAne ee noo int AER OP [cn A RS RN APS SR SPS Ai NH ee, 54959 Doold: 329089522 Page 254 Sa « pemeteerestenenan enn tan pecans a Serene av ST Aree Am a a Sein ae TT a ese aaa Su era a aaa a net OL TE A SED SUNS aes OgE ae eerie onaeseatia} ‘~21- the mark to neutron activation analysis explains the disparity between the two elements isolated in the "smear" and the nine isolated from bullet core fragments, and accounts also for the laboratory's reluctance to attribute the mark to a bullet. See Weisberg Affidavit, 4 33, at 10; Frazier Deposi- tion, at 48; Shaneyfelt\ Exh. 2. As to microscopig; examination, Frazier testified on deposition that che had scrutinized the curbstone mark under a microscope, and shanegfete inticated that he might have done so in the course of conducting other tests on the mark, Frazier Deposition, at 51; Shaneyfelt Deposition, at 14. Frazier incorporated ,the vesults of his. microscopic examination of the curbstone into a draft of a letter eventually sent ‘August’ 12, 1964, by J. Edgat Hoover to Commission counsel Rankin. The spectrographic: examination of the curbstone was conducted by -Special Agent | William R. Heilman, now retired.’ Memorandum from M. J. Stack, Jr. to Mr. Cochran (June 20, 1975). The spectrographic plate which reflects the single run to which Heilman subjected the curbstone has not been furnished to the plaintiff; Heilman believes it was discarded in the course of one ‘of the laboratory's periodic housecleanings. Id. Shaneyfelt testified to not having seen any other reports on the curbstone besides those shown to him in the course of his deposition. Shaneyfelt. Deposition, at 15. Taken together, these aspects of the record indicate uniformly that all available material on testing of the curbstone has been furnished to plaintiff. CONCLUSION The foregoing analysis of the record has disposed of every con- tention and claim the Court has been able to elicit from plaintiff's various submissions. In many instances, there is direct testimony that a particular test was not performed; in others, testimony as to particular laboratory practices compels the conclusion that the test was not performed. For all its detail, the preceding analysis does not pretend to treat such aspects of plaintiff's argument as the alleged destruction of assassination evidence and falsification of test results. Neither topic is pertinent. The analysis Likewise has not dealt extensively with plaintiff's allegations ” anette G Titteetn eet Ant eaten Site et re em Eee te eee enter © oan e nce mse Emenee es wit At ne neta feremannemmnneetn arene itt ate Sete nee wee eR ber ENCES NR ore AE Tw Ie anew Seles veemett: . te ent ements ot Semeren oe Se eRe in mtn ne te Nena mt aren nee name SE ew one
~22~ one oer reentrant terete ean and suggestions, sounding of conspiracy, that reports and materials have been stolen or deliberately mislaid, and that Government witnesses have lied under oath; apart from these allegations, there is not an iota of evidence to support either assertion. A FOIA action demonstrably lacking in genuine issues of material UA rete dees ee ent ie ep entieeteetn tem tettie rein mime newtte gee fact is appropriately resolved. by summary judgment. See Nolen v. Rumsfeld, . ae TR eS eens 535 F.2d 890, 891 (Sth Cir. 1976), cert. denied, 429 U.S. 1104 (1977). This ate ee action lacks such issues. Although plaintiff has impugned defendants' affidavits on the ground ‘that they do not specify the files searched in compliance with plaintiff's request, Opposition, at 12, the Government's response to a FOTIA request need not be as specific as plaintiff would require, it being sufficient that the affiant has personal knowledge that all files which might contain requested material have been searched. Exxon Corp. v. FIC, 384 F. Supp. 755, 759-61 (D.D.¢. 1974), remanded without’ opinion, 527 F.2d 1386 (D.C. Cir. 1976). As in Nolen, supra, "[t]he Government has, in candor and good faith before this Court, stated that all the records available have been made available to the plaintiff." 535 F.2d at 891. If plaintiff has any further recourse, it is not under FOTA. See id. Accordingly, defendants’ motion for summary judgment must be granted. An Order consistent with the foregoing has been entered this LL day of October, 1977. se > x ' - . . 5 . . > dene meee tenn oe erence rene eee vest eee ne re ne ne en A TE “aD a et at © SN Gn ae © montanes ee RR RT OT OS OE AE Ce IEE 2 eS eee eee ee eee sear ae aa Se er ne . John H. Pratt nated States District Judge Se eA ee A ST I te nD OIE interne eet eae nee -neer arerertninnenrmeetepe men-anin omepnertarmen serra §einaptiit ana nname 5 sepaeantue open tanneanpenenpat senate pian hata ent Ara Net Senay SE mRNNNtN SEeReNe wee swims teu e+ em eure meme tenremeermms eeranemene meme srin essen mearrn ute om raergeauray ee te + 6m t MW 54999 Doocld: 32959522 Page 255
rs 7 | | | | | 7 | | | | | | | | : | | | | ; | | rene « ea UNITED STATES DISTRICT COURT ’ FOR THE DISTRICT OF COLUMBIA HAROLD WEISBERG, ) ) Plaintiff, ) ) Vv. ). Civil Action No. 75-226 — U. S. DEPARTMENT OF JUSTIC ) . et al., Ts ) ot Defendants; ) - i soar = D OCT ~ 5 3977 ORDER JAMES F. DAVEY, Cler! This matter having come before the Court, on defendants’ motion. for summary judgment, and plaintiff's opposition thereto, and it appearing that no genuine issue of material fact exists, Fed. R. Civ. P. 56(c), it is, by the Court this # “day of October, - 1977, ORDERED, that the plaintiff's motion for leave to file opposition out of time is granted; and it is further ORDERED, that the defendants’ motion for summary judgment be, - and hereby is, granted. ‘ bf, Vit John H. Pratt ited States District Judge 2 . y . : . + . . - a re tees wien rate ie se ener ts @ eA Re SNe sheen nN Sr Gen se ontey enter teventan | erent cane atetne i aretha viene weve trenee atte nnn ene GS CR Et erehN eee ee: ne emeernt tone ant <p memepnceenymees tae ete intenngtn (era eunatn® 1 ae in Rat tnt tn INR nse et : . . ‘ % € - : _ a 54959 Doold: 329389522 Page 256
| HW 34955 Doocld: 32989522 Page 287 ORIGINALS | [= Subject WSK Assisstate lism File # Z SVG - “2.4 TE O
‘e LT rages) withheld entirely at this location in the file. C] C] 0) 0] tt MW 54999 Docld: 32989522 Page 266 i regarding this page (these ar, OX 6.216 bb -K347 aL ® FEDERAL BUREAU OF INVESTIGATION POSTPONEMENT INFORMATION SHEET (JFK MATERIALS) One or more of the following statements, where indicated, explain this deletion (these deletions). Deletions were made pursuant to the postponement rationale indicated below with no segregable material available for disclosure. All references relate to Section 6 of the "President John F. Kennedy Assassination Records Collection Act of 1992." {[] Subsection 1A (intelligence agent's identity) [] Subsection 1B (intelligence source or method) [] Subsection 1C (other matter relating to military defense, intelligence operations or the conduct of foreign relations) {] Subsection 2 (living person who provided confidential information) [] Subsection 3 (unwarranted invasion of privacy) {] Subsection 4 (cooperating individual or foreign government, currently requiring protection) [] Subsection 5 (security or protective procedure, currently or expected to be utilized) Information pertained to a matter unrelated to the JFK Assassination investigation. For your information: __ fUyA The following number is to be used for reference
yo ° attachment to plaintifté interrogatories te ERBA). 54959 © Docld: 32989522 Page 26 HAROLD WEISBERG, UNITED STATES DISTRICT COURT | FOR THE DISTRICT OF COLUMBIA -) > -) -_ Plaintige | ve Civil Action No. 75-226 UNITED STATES DEPARTMENT oF Justice, et al., no femauiiis - . DEFENDANTS' OPPOSITION TO PLAINTIFF'S | - MOTIONS TG STRIRE, TO COMPEL ANSWERS TO INTERROGATORIES , POR PRODUCTIGN oF _ DOCUMENTS, AND RESPONSE TO MOTIOCN TO — . POSTPONE | CALENDAR CALL AND STAY ALL | SURTHER | FROCEEDINGS _ On Pebruary 19, 1975, puatieuee 6 filed thie suit under: the . Freedom of Information Act, ‘ag amended, 5 U.8.c. $52,, seeking disclosure of the spectrographic analyses and other tests made by the PAB. I. for the Warren Commission in connec tion with the davestigation inte the. assassination (of President Joha ¥. Kennedy, . ag well ag any tests made by the Atonie Energy Commission in / connection with said Investigation. oe On March 14, -1975,. plainetse and bio attorney ‘met with : representatives o£ the PF, B. i. for the purpose o£ specifically Bf “sdeneteytng | the scope of plainei£e's request. befendaats attach 7 SS attorney was ‘advised by correspondence prior to , et Ting of thie action that the Atowic Energy Commission (now Energy Research and Development Administration) provided technical | assistance to the F.B.I. at ARC's Oak Ridge National Laboratory — (now Holifield National Laboratory) in performing paraffin casts taken from Lee Harvey Cswald and neutren activation analyses of bullet fragments. Plaintiff's attorney was further advised that neither ARC nor its laboratory at Gak Ridge prepared any report ori the results of these analyses, and was referred to the P.B.1. for any £urther information. {pi laintifé£'s Exhibit £ te the complaint; Los
7 . “Riley, oe “hereto ¢ the: affidavit of spevial PB. I Agent sohn a. | assiyncd to: che F Be qT, s ‘laboratory, ‘an-@ “supervisory. capacity, | who" was present at that necting. | (eovernment, Ex. D- As - eetabliahed by. Specdal Agent: Kilty's aftidavit, vies velsberg "requested certata specific categories of information whieh. a were | subsequently given: to hin. on ‘Nazch aly 1975. “hereatter, . _ when. plaintife's. attorney advised. the Fr, BAL. 31 Freedow of To Information Aet unit. that plainceee had also intended his request —— to include certain other : ‘data, ‘the PB: io also provided bnie. Ce | Anfomacion & te plaintife on, April 15, 1975. Me. Kiley’ 5 | meee | affidavit, sworn on. ‘May: 13, 1975, concludes thar P. B. te ‘files. - cl not to the beat of his knowledge « contain other information a * xeaponsive to plasntise's request. a - a 7 os - . Befendanes also ‘attach hereto tha agsiéavic of Bertram ‘i. Bie, Associate General, counsel of the! ‘united States Energy” — | Research ‘and Developtient Adsintotration (ERDA) formerly. the i 8 which establishes ‘that: the ‘ARC aie: ‘provide: technical | | assistance to the ¥, .B, Ty at “ARCS Oak Ridge Natdonal laboratory | de polifielé National Yaboratory) in performing analyoos of. ” paregtin caste. ‘taken ‘fron. Lee! Harvey Csualé and neutron activation “analyses | of. bullet Eognents, -that-neither ane nor 4ts laboratory “piepared any ‘report on. che reaules of ‘these analyses, and that no other tests ueré ‘pertomed by ¢ or for the Ane on. | behalé of the ntial Comission (Coverntisat Bxhtbi t. 2). | 2 | - at calendar call held. in this matter on way a1, 1975, ‘counsel for defendants provided plaineie? wth a copy of Spectal B. But: Agent Kilty's. affidavit and indicated an: expectation that an. | affidavic indicating BRDA's coupliance vith plainci Zé! 9 request would be. forthesning shortly, and phat’ these affidavits would be used to support a betes motion to. dtewias: on grounds of mootness “since all information requested of whieh defendants are aware ‘would have been piovidea to > plainttse, Ae that tine, plaineis; Sw 54999 “Docza: 32989522. Page - 290. ee 7 26 a
o e counsel indicated dissatisfaction with the Kilty afifidavic and contested the fact that all information had been provided. The Court also suprested that a veasonable way to proceed would be fox plaintiff to specify what documents he contended had not been given and to thereby resolve the matter aulcably. Subsequent to the calendar call, coungel for defendants was served with plaintiff's motion to strike the Kilry affidavit on grounds, inter alia, of bad faith, and other discovery-related motions calculated to probe behind defendants’ assertions of geod Laith compliance vith plaintiff's freedom of Information Act request. Plaintiff alleges in his motion to strike and attached afvidavit that the Kilty affidavit is deliberately deceptive, not. based upon personal knowledge, and should have been wade by Special Agent Robert A, Frasier who pleaintiif believes is still an active agent with the 7.8.1. tuboratory. Lefendants respectfully inform counsel and the Court, hocever, that Spectal Agent Robert A, Rrazier retired from the ¥.B.I. on April 11, 1975 after thixty-three years, ten months and three days service, and that supervisory Special spent Kilty is the most knowledgeable active service Special Agent to give this testimony on behalf of the BBL. In the motion to strike tpp. 2-3}, plaintifi also alleges the enisgtence of certain decuments chich he claims have not been provided by the '.B.I. In & sense, plaintif£f£ could make such elaing ad inftnitun since he is perhaps more familiar with events surrounding, the Investigation of President Kennedy's assassination than anyone now employed by the F.8.I. However, in a final atteript to cosply In good faith with plainti£its request, a stil2 NW 34999 Doold: 32989522 Page 291
¥ ws further search is being made by the F.B.I.'s FOIA Unit and Laboratory as a vesult of plaintiff's latest claims to determine whether any such iteus exist, and to provide them or indleate their whereabouts. Accordingly, defendants have delayed filing their motion to dismiss miprounds of mootness until an official response can be made to plaintif£'s latest clains of non-compliance. Defendants are endeavoring to complete this additional search and provide an official response by way of supplemental affidavit within a matter of a few days of the filing of this opposition, and expect to expeditiously make their motion to dismiss this action on mootness rounds. In view of the foreroing, defendants respectfully request the Court to deny plaintiff's motions te strike the affidavit of John W. Kilcy, to compel answers to interropatories, and for production of documents. EARL J. SLCBERT united States Attorney Assistant United States Attorney y, PYCURLI TT RRA Assistant United States Attorney Lo ty way of perspective, counsel for defendants has been informed that the F.B.1I.'s FOIA Unit received 1789 requests for production of documents during the month of April, 1975, or an average of 113.4 pex work day; LL9§ FOIA requests during the month of May, 1975; 165 requests by 2:00 p.m. on the day of June 17, 1975. NW 34999 Doocld: 32999522 Page 292
¥5 f/ @ CORTIFICATL OF SLRVICE f ULREBY CLESIDIY that services of the foreroine Befendants* Gprosition to TLaintif£é tg Lotions to Strike, ete., aad attachrents and proposc<d Order has bean made upon plaintiffs by hand-dolivertiuz a copy thereef to Janes Hiram Lesar, Eeqwire, 1321 Teurth Street, &.., Wek alte ciate ae os Washington, D. G. 20024, on this 1th day of June, 21975. PPCHACE a, Neel &sgistant United States Attorney United States Courthouse eon 3421, Washington, DB. ¢. 20001 Telephone: 426-7375 4 Nw 34999 Docld: 32989522 Page 293
UNITED STATES DISTRICT COURT FOR THE DISTRIC?T OF COLUMBIA a HAROLD WEISBERG, Plaintiff, | Ve UNITED STATES DEPARTMENT OF JUSTICE, et al., — Defendants AFFIDAVIT I, John W. Kilty being duly sworn, depose as follows: 1. I am a Special Agent of the Federal Bureau of , s Inyestigation (FBI) assigned t6 the Laboratory Division of the wht, Washington, De Ce, in a supervisory capacity. TL es 2e it have personal knowledge that Harold Weisberg - directed a Freedom of Information Act request to the FBI for documents relating to spectrographic and neutron activation analysis examinations conducted in the John F. Kennedy assassination Caso “| 3. On March 14, 1975, I was present at a meeting with Mr. Weisberg, his attorney, Mr. James H. Lesar, and two other representatives of the FBI, 5As Robert Ae Frazier and Thomas H. Bresson. The purpose of this meeting was to id ntify sqboiticaniy the scope of Mr. Weisberg! Ss request since he thad been advised that all final reports with regard to the requested : _ data had been furnished to the Warren Commission and are available ' . . * t nosy : noe , . ie to the public. . a : 4. At this meeting Mr. Weisberg requested the following: , . - " ao Specific spectrographic and neutron activation material which consists of tables and pages with results of readings, representing examinations of metal fragments from the bodies of President Kennedy and Governor Connally. | . ‘ De Spectrographic analysis from the areas on the clothing of President Kennedy and Governor Connally where. the bullets may have passed. i 7 | bb wtrprseh- CK. / Jp YG- XC 0 . : 7 ; _ " NW 54999 Doold: 329859322 Fage 2594 " : eR SSO LE ePEN EHO roa ORLA OEE I PERISH BAT SCENES SOMO OAT 3 Cae A pcbem atin arena Demons, cee eee iene igh aM hain gm g eegt pea pentantnmy need nw _J
=~ a = iP 2 4 A ; ‘ \ ' co Available material relating to examination of ithe windshield of the President's automobile and examina~_ tions regarding metal fragments from the President's automobile. ' do Laboratory examination data which may be available regarding testing done on a curbstone near the erime scene. ue ‘ 55 ALL available data relating to the above consists of 22 pages also furnished to Mr. Lesar by SA Bresson on March 31, 1975. 6. I have personal knowledge that Mr. Lesar thereafter “advised the FBI's Freedom of Information Unit that Mr. Weisberg had intended his request as defined at the meeting of March yy 1975, to include certain data which was shown to him at the close of that meeting. This material, consisting of 54 pages of data and results of neutron activation examinations conducted on certain metal fragments from the body of President Kennedy, the stretcher, and the President's automobile, is referred to in a letter from Director Clarence M. Kelley to Mr. Lesar dated “April 10, 1975, and attached hereto. All this material was * slenished to Mr. Weisberg by letter from Director Kelley to o Lesar dated April 15, 1975, a copy of which is also abtachea. Ze With regard to the interrogatories submitted by eee pee et er ew as Mr. Weisberg, the affiant states that the, FBI Laboratory employed methods of elemental analysis, namely neutron activation analysis fe REN me and emission spectroscopy. Neutron activation analysis and * 2 o a“ emission spectroscopy were used to determine the elemental compo- sition of the borders and edges of holes in clothing and metallic Sere tere wren pe teen ey smears present on a windshield and a curbstone,. 8, I have conducted a review of FBI files which would Nae Ber sen Nene an talaga ele oeea R contain information that Mr. Weisberg has requested under the <— Freedom of Information Act. I have had compiled the materials — ——_-* ote er the eee AN Cabs — e i fs ph uf ( + fi ie rs awTW 54939 Docld: 32389522 Page 2595
NW 54959 which have been furnished to Mr. Weisberg through his attorney, Wore Lesar. ‘The FBI files to the best of my knowledge do not include any information requested by Mr. Weisberg other than the information made available to him. | Enclosures » 2 rar “ John W. Kilty Special Agent Federal Bureau of Investigation Washington, D. Ce. Before me this _/“.3 "~ day of 7 27a, -—, 1975, affiant Tow by a iv A /7..., has appeared and signed this affidavit ‘first having sworn that the statements therein are true. Notary Public - District of Columbia My commission expires LEAL ° _ Docld: 32989522 Page 2596
AO rn + | ; j ’ j gre A, Fa ‘ . $s frre ; . . fos, ® 6 . . : ‘ an . _ eee o* ’ ’ i Ne . * ~ ~, ” . we fee a tc. w fi 3 oe : ‘ s : ‘ . ” ’ . “ Sfoe my “ we 7~ « ' to . _— . fe ; ws ‘ we . . > ° . . . i “Aone aa . ® . . . . EMEP MS SRT er Coat PCRS Rape gn eagnyenieen es a | Janes H. Lasar, Ey. a oF ‘s 2232 Fourts Straet, Se Wo PEE Te : @ashingtona, 3G. Cf. 20024 ee ea ed te al wt ote tenets 2 wai, oy aiden, es. 3 4 ' Pear Mr. Lesars eden, a eat fhia ds in reqard te Me. FKarold Heisberd! B wevest unday the Frarsdem of Information sce (POA) for | Saboratory data concerning the John Fe .3 ASNNOLY | atunagination dnvestigation. ~ =. .- .~ a iy acesrdance with your request expressad in a a telavhene conversation with Special Acene inonmas w. Seasson on april 3, 1975, Zor aavitional deta xecarding Beutvon aecivation tenting, I wish te aivise wa haya conpiies $3 pares of irradiation “ata and calcolations a5ea 3 “ tm io : oo ery ™ eal ° . f «e See vane . eterna ES ey Sar seenai Seman Ae emRAD “eR Len meu enters ees fa AE EE | Cosmission Exhibit Nunber [ - G8 399 6 SSF * pretending * vA es mete wn y , ; ” ae w F aad , cf . 5 "oe s ’ me . ‘ my mos a i ‘ ' A * toe ‘ f wos od . ; 2 *, ‘ A s ¢ + 7 . te AS oe . he a we ‘ ¥ *, “ 9 ’ ‘ ~ . ~- _e ” ’ My r see, in neutron activaticn- enelyses ef tae following: Laboratery umber 7 on Qe a id . ‘ * 4 » t . e at . ee A839 Doold: 32989522 Page 297 Deseription : Buble from Sexmetchexr Bullet fragment from. front seat cushian Mate frasmments from President's banc bn Metal fracmant from arm Of Covyernor John Connelly wthrea metal frainmants an recovered from raar tioar board carpet tt " , ae Sr a ae MURTY 8 en - y ea - me . idl . .? > . 2a a . ia - iq x eos . ji .é 4, aN 1 4} ne ae ven t z i aan ry . . | i } . - att re ene Ee, Se oy A net = wy emcee ee preen { . th * it ‘ i An s s ; . 4 Bee f
. ” Bos : - + + - 2 - ) Win San + re ee Sr ae cabo ets nth He «« s * - ates oS a id nm pat natin NK anes Dea oem - . ‘ , ° : ®@ « 2? es . * ¥ ; » 4 . . . ’ ' - »’ . a . - * J « . an om, - +h > ay > a ae ye woe ’ . 7 saaes He Laser, Ears do. the tAo Bers de G6 Hank aumbere:t 26, 27, 26 und 34. « SOMBRE pee - aw . Y ° + nS ¥ af NW 349599 DPoold: 32989522 Page. 296 WEth recaed to Ie. the EBL copy of the J. cicar Sincoraly yours, Clurance NM. KRellsy Director é ~ -?* * e . os ‘e : . . - . oo . . Crd . o @ aha rey vc . a * a . N ¥Yeisherg's recuest for _ Hoover cararsncum to tin dated Aucuss 12, i984, undch pertained GQ Che curhstene exadination, X wish to afvies the original of this document was furnished to the Waerren Commission. A representative of has contdismed it is oublisned with its enclosnras in the Warren Commeiasion Rerortes as Shanayfalt Exzhibtes in view of dts tubiication aid availaiiiiey for oublic insrection, I an Geclining eX Helaase the FRY cary of this document feon the oricinal only with recard to internal, admin markinga which anpear en the Pst cony. @ wational archives which diifars Xu is consisered that the offer of relasse e€ the 34 vacen af the avoweede wlth that already furnished to Mr. veishers, fuiiy to his FOL\ resuest gor snectrocraphic Of Vovernzer 27, LI74, and subee FEY representatives on March 14, Le7S. exrlbed date, tocether Yasvonds You may wish to contact Snacial Acent Fhonas H. Aad Brasson Of the For FOYA Urit st ¢tslevhone numbkes 24-2462 5 GO arranga Lor delivery of these documents. : - ~ “, ' ° fo. : ! é wr e + ena neutron fiscussion with These documents will be furnisied to Myr. Weisbere et the canying fea of $5.40 which wa are authorized to tharge in connection with the release ef documenta under istrative ° ee ore einen Se Te ae PRR tt haces 8 ut <r tote em ae ae ne ne eanenanrea nn nt ne Dae oe ieee eine eeadcne ane deh, deeami dante hunted abeiets ae ws ee omen FOES = awe henenenens  wntmmeneeemmenneemnt ne remnant ereyermrmntanemrn reeset of vnearcmiannay reentry 1 seer A - Meaty pera’ itera aedeinedal SO RE Ie saris ia ROS Lia ted _n eee oe ens Free pares nogmerncrinremeninams aamemecatonta ees same snes Om fe RA 2 ao tem atreh pant ; nn ne eo ne HE RR nner aie + 5 A ce tee Boe x3 ems
oes rat x . a ee April 15, 1975 ne . or 8 , ri | ; | | | Ri) al i ; Janes ii. Lesar, eq. toate mee i u—~=-~—" L231 Rourth ftreet. S. W. oo oe , i | Washington, D. Ce 20024 oo , : . i | Dear Nr, Loesar: 3? ne i | This is in reference to my letter to you of i April 10,°1975, and your telephone conversation with: 5 Special Agant Thomas i. Bresson on April 14, 1975. ; : | rmelosed with this lotter, please find 54- pages of the laboratory data described in my letter of | ‘ April 16, 1975. Se vbave attermmtet to ebtain the best ; possible copies of this material, put in the event you . have any cuestion concerning the cuality of the Gocunents, please foel fren to cormunicate vith re. The copying fee for this raterial is $5.40, as indicated in my referenced Letter to you. : ; ee Re en ane enema aie EF Sincerely yours, CG M. Kelley | ' Clarence M. Kelley tf birector so af i melosure | ! | , ! : ‘ H | ° i zoe “ eg yer ord outers =e, 54999 Docld: 325989522 Page 299 TRAPATT REE renee Neem FFE tA PTY MAME RH BONER MRE gS prope nacy eames or en wen we !
54999 Doocld: 32989522 Page 300 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA HAROLD WEISBERG, = He on Plaintiff, yy, Civil Action No. 75-0226 UNITED STATES DEPARTMENT \ OF JUSTICE, et al., ) Defendants. AFFIDAVIT BERTRAM H. SCHUR, being first duly sworn, hereby deposes and says: ]. I am Associate General Counsel of the United States Energy Research and Development Administration (ERDA), which on January 19, 1975, pursuant to the Energy Reorganization Act of 1974 (P.L. 93-438) and Executive Order 11834 (January 15, 1975), assumed the functions of the Atomic Energy Commission (AEC) other than licensing and related regulatory functions. Prior to January 19, 1975, and since June 27, 1962, I had been Associate General Counsel of the AEC. | 2. I am familiar with Plaintiff's request to the AEC for copies of reports on the results of tests performed by or for the AEC on behalf of the Warren Commission. 3. I have caused to-be made searches of the ERDA (AEC) files and inquiries of ERDA (AEC) personnel and ERDA (AEC) contractor personnel who should have been knowledgeable regarding the subject matter of Plaintiff's request. . 4. The results of these searches and inquirfes were reported to me as follows: - _a. The AEC's Oak Ridge National Laboratory (ORNL; now known as the Holifield National Laboratory) did provide technical support to the Federal Bureau of Investigation (FBI) in the performance of neutron activation analyses on the paraffin casts from the right hand, the left hand, and the right cheek of Lee Harvey Oswald and on bullet fragments; Su2 Of 18 226 _
54999 Doold:32989522 Page 301” / ‘ _ cattle b. neither AEC nor ORNL prepared any report on the results of these analyses; and c. no other tests were performed by or for the AEC on behalf of the Warren Commission. 5. ORNL did retain copies of some photographs of the paraffin “casts and Xerox copies of some of the raw data obtained by the FBI in the course of the neutron activation analyses, and these are being made available to Plaintiff although they were not understood to be covered by his request. 6." Some analytical work on simulated evidence was done by General Atomic at the John Jay Hopkins Laboratory for Pure and Applied Science in San Diego, California, using a 6.5 mm. Mannlicher-Carcano rifle of exactly the same type as the one involved in the assassination of President Kennedy. This work was funded under an AEC contract, and was done in furtherance of a continuing, independent research program that began in 1962. The work involved no evidence samples from the assassination | and was not done on behalf of the Warren Commission. This work was reported in the following two publications: ; a. “Use of Neutron Activation Analysis in Scientific Crime Detection" (GA-6152, February 15, 1965). b. “Applications of Neutron Activation Analysis in Scientific Crime Investigation" (GA-9807, June 30, 1970). These reports are not understood to be covered by Plaintiff's request. Copies may be purchased from the National Technical Information Service, U. S. Department of Commerce, Springfield, Virginia 22151. 7... I am not aware of any other information that would be responsive to Plaintiff's First Set of Interrogatories to Defendant U. S. Energy Research: and Development Administration. Bertram H. Schur SUBSCRIBED and SWORN to before me this 22nd day of May, 1975. sila YD w& ’ MLAS KE hile tier! Notary Public My commission expires: uly , W7E ;
UNITED STATES DISTRICE couRT- “FOR THE DISTRICT OF COLUMBIA HAROLD WETS BBE Re ; we : 3 = a _ - _ meeettte : 3 ; : ->' > Civil Setlon Ho. 75-226 ) UsETED STATES DEE EPARTAEST oF sustice, a See — , (et 8 al... a i? _ nefoatants. a Ce, oa ee ee ee ORDER y a a | _ Upon consideration: of platnetes’s motions to strike the ; affidavit of Jobr: W Rilty, eo compel answers to. interrogatories, | for prodiction of documents, and defendants’ opposition thereto, and | “the entire record herein, it is e by the Court: thie Z _ day of eo | » 1975, a - | ORDERED that pleineife's ‘eadd: notions be and the same heraby are denied. ““URTIED GPA TES DI RIOT JUDG NW.54999 DocId:32989522 Page 302 -
) FEDERAL BUREAU OF INVESTIGATION 4 POSTPONEMENT INFORMATION SHEET (JFK MATERIALS) J Page(s) withheld entirely at this location in the file. One or more of the following statements, where indicated, explain this deletion (these deletions). {] Deletions were made pursuant to the postponement rationale indicated below with no segregable material available for disclosure. All references relate to Section 6 of the "President John F. Kennedy Assassination Records Collection Act of 1992." CJ C] C] CJ 0] | } Subsection Subsection Subsection Subsection Subsection Subsection Subsection “NW 54999 Doocld: 32989522 Page 303 1A 1B 1c 5 (intelligence agent's identity) (intelligence source or method) (other matter relating to military defense, intelligence operations or the conduct of foreign relations) (living person who provided confidential information) (unwarranted invasion of privacy) (cooperating individual or foreign government, currently requiring protection) (security or protective procedure, currently or expected to be utilized) yw Information pertained to a matter unrelated to the JFK Assassination investigation. fi For your information: KUT 4 ne -—-The following number is to be used for reference yegarding this page (these mee (2. l ab0 - 67 af [CO
ww 54999 Doold: ‘ a SS SS SS eee a rr re. La a a RE I Pe Rp TOON = a= ~~ s ™~, my a¢ %, ws lad an) es i : 2 tpt god A Plaintiit, Se i t ei AA eye PT TIES me Vieira lad wii Tx ! Brees tin SY ASA PEAR TIE OF wat CeeE aN : eT » and $ See oe afte 8g ANG Sever yy yet w, 8. « DRESY SM DABS AL LAR ROLE LOAD ey OVHLE? ABMERIS@TARS Od, ‘ ' $ f * . hefendants - ae, See ty Crate $4 eK ch i a * Trade Badest Rule 33 af the Fed eral Boles of Civil Procedure, Blal = rad ny eee eer ad ¢ te Sua Aane Ol had wee activeanes thea following interrogategias t5 defandanh Unite be sate 4 ¥ “ ‘ Sen Hy»! ww, te . I34 3 . Bota Enutay Readuvol, and Developme: Aga nL erates ee ; 3, ‘ £ 4 s mays 2 meg pe Dar, pret a 4n% - yrer tym ny : Le Pie BiR £tbems af evidences snake th xr Syn fbi. OF Cla ay >  s. 5 -" % des "ary of 4 *, : dea an} $4 OR ED SO i eS ae nas Ane facdLaity as part of tne invastigation inte the assassination : : ert Fors a wate $e lay be Foye Xk of Breniderh Konwedy and giva the following information with | REaSh RAOLeTOy ; ; . | ; : 3 py gee 4 : $ Sta ps Sd See \ Ad} the tywe of sests perforned on cach such atom Of Svan | , : tok g + 3 4 ty atef 4 te “ 7 (b} the dake or dates on vhich cach such Phen of a ewidone: 4 * ae Le ho a7 seen 3 £ ost . ta t eae he A eyhes wan tonted and the nang of the laboratory dn which the testing Vv Ag CHUB: . a . . wae | . * 1 , & +4, 3 ’ et pte re ory ip B tty Sear ate Ge eile ne i eeage and the naues of any ather parcons presont Gurang Une .cst | y ro ALES F 4 : rg on | ste fs 2 rte main § prin Setar wens 4 -  . {4b the enpacdsy, offielal or otherrise, dn which the poraant - , - 4 Oe -— ¢ a . ry . . 2989522 Pa ae .agh oe RL HREEHOHE DE MU HEHE EDR R RAC AAKAO EHR HUD ey Ot 0 ee we Se xt ae oF me 7 390 64 en ot 4G He PORK EV ER EOKRYEKRE GOES OR EHOD CVE ® ores ct $e dw hee Ne oe oa IU ‘coun: ne UMDTA “ hots ty teres meee nt oO te ae oe ALATA SOTTO FS 1078 PLALHS CHS PEPST ST OF TISRROGATORIES TO DUPRNDANT . oe ee we « * . ans 248 — “ _ ~ mt ATT od MW rate tates aneuay Tl. He CMERGE Heomnech Alp NEVILORRR SP ROATMESTIARION . ater tareanch itaenpene tas Ee er BNE te Ties haa fete ae nnowcnpre nents rete mevince ie be iam aniastearanye metennii = ah tare ev vet ertes ome: he Dmntpe a 1 : > s “g vy LOVE Ti o .4 3+ O225 - e : |
ty O dn response 3 SF 3 ne mMERer ge até yess 4 CAVES BO tary A Bist ablb ERE GN RORAUTIG 4 eee, uw x whey baa a enn et debepn Tihs = 04 La 1  CECHUATS. betbvean Lhe ARC ane eho VRE Comaigale CDs Ane duding f ~ © y. Ey. w ' St an eed o £ : Kane + Commission's © Shademan, Pax Haxeeny ine Ganere z counss ali de oa o a ey ee Tyee Ri nes 48 estar Ef ryrerst eens € ex at 3 mid TRAE vigdxs » @Y any Mtrisce of gba Copmiasion a « EL « zi yo i . an’ ae . 1 Sate dear : 54 ip. | ce Bigk ala éoxraunnongcunde whtly £Onpe 44 2O SUG sh teste which ¥ " ‘ opr ty o + ia, ow a F TE reset to biaey ae oa Pe exchanged batwee the BES amd Bha rbt« : oe .- 1 - . . ie | &, Last all corres spondence with gespact &o gxch tagta which x ied \ : - . ord a % a Low fy Oe pie 16 074 ¥. hep ne Le CREECH ON ,abween EHS Ane and ary LOreApLe sohancist, orinins)- Bee FL, +. OF ODROS | sohentienc GEE t« ; — . . . . . i - - - —— nn, 9% 24 eyes essere yt katy a pone) o a . . §, Under o normal: px -mOgkEEes Weld Le ARC Keep redords © : . ‘teams pogo | vw Ghe BED ox af mm ABC Syoiistye Vere eangvaa | - teayyy, by 3-35 Co Z att of 7 . ot wait Veet wy ted Ae Bali Cy Sau ee hee ae ; rhe Anveshlgay.an Zyxues 43 he wey Geert ms ay a Wh Boe aKEOe! LEO 3a bud re Wee ¥ Led Weare . CLES Sek RENE and ~ . ost omy 'S <9y capLoyment of each per cheh ‘yee apracts £0 OCR te ate iain u: 4 ae z a “ . m we 4@ anv, require or gov were performed PWRre . | Resnadhy 13 AIGBESAREHLOS, : , ‘* ds cayenne V4 en . a ; ~~ qne i , aa fa « eel, | 7, - Aetacned erate 16 @ copy of a February 44, L979 Letter | nr : 2 Pte ay wae dane tay wee pane t ted 94 cy ‘ Ls | from Mu. Bextxan He Behar, Sacschete oneal Counsel for UEDA. whieh states t . ; 7 nate te , 2 Dew se 5 fe ay papier Yh dnt fognation omsiadnad ent iy Ceuebar . ‘ ine 5, a whee wey pagel yea any s os : ; $6, BORA, Lewnce tei booed primcrily of Ber - a é ~ aieadray © ee Fees é Bo my yee tes mS , OO, Wis WE GCBLNGa fean the founes FDL agent ” . bo : . . | eho paewe daseribed. He : - nS ' poate cr oh OW acwisns on GO tne BR raLyses. oe . OE Pea I ee amt im wist latter, oo - - Houkron regiengdon onelycan of pubies Srage +e oe . * . ei oP 1a nen bs ae gut ae xe ety an os Mons wexne DO VOCAL at tha Oak macige natlonal a on . “ “ . * o s a3 gat hy oy fe Se Habe rn Laboratory ‘now LUG olieiold gattonalL Labura mo ans a sory ye _ ’ as | | t NW 34959 Docld: 32949522 Page { ; praesent at ¢ ret al Sj
wwe See, (a) Who is the former PRI agant referred to by Mr. Schur? (b} Wass his advice to the ARC or to ERDA stat ed in WLS. iting? « 8. what are the normal standards and procedures for con- JAaet ing neutron activation analysis? 2 ; 9, Were the normal standards and procedures followed with raspect to the testing and analysis of items of evidence pertain<- ing to the assassination of President Kennedy? Lu. Under normal clreomatances, whe decides what is tested? Li. With vespect to the assassination of President Kennedy, 12. In subjecting evidentiary specimens to neutron activatior testing, is it nermal to make 4 full and complete tabulation of x bre RD the raaultsa? In this oasa, was any such tabulation made? If so, ‘ s was it complete? L3. In making a neutron activation analysis, is it noraa t he Q ¢3 ey ® 2 pte & 2 wa : ay ce ty be to reach stated conclusions as to whether the vari spodinens are identical ox different in chemical conposition? 14. Were any such stated conclusions made with respact to the items of evidence tested by cpectrogruphic or noutron activa~ ition analysis in this case? 15, Were full and completa results of the spectxrographic and nowkren activation tests given to the Warren Comeission? hid the Warren Coumission ask fer them? 16. Were full and complete stated conclusions as to what the tests showed given to the Warren Commi saion? Did the Warren ‘ . x Commission ask for them? 17. Was the neutron activation testing done’on any items of evidends An the Rennedy assassiuation other than the paraffin . NW 34999 Doold: 32989522 Page 306
Nw 54939 Docid| 32989522 April 10, 1975, letter from FRI Dixector Clarence Kallay to Hr. James Ui. tLesar? 13. re tha anawer to imterrvogatory number 12 is affirmative, what are tha other items ef evidence which were subjected to" neutron ackivetion testing? | | - 14 EL tins answer € interrogatory number 12 Ls nagative, why wexe the following items of evidence nat subjected to neutron Fa ir he Fors “4 on activation tos {a) CE L4l, the live round Found in the Man nlicher-Ca xeane rifle which allegedly belonged to Lee Harvey Oswald an@ fLired the shots which KALLod Prasident Kennedy? . . ae (o} the clothing of President Kennedy and Governor Connally struck by oy alleged to have bean struck by bullets? | ‘(c) che curbstone:on the south side of §. Hain Street east of the freiple Underpasa which vas etruck by bullet? : : (d} tha bullet fragment which is PRI Laboratory numoer 03? 15. Undex noxmal procedures vould the results of the spec- trographic or nautron activation ana nlyses be vecorded and verified by someone other than the person conduc ting the tests? Was such a procedure followed with respect to the items of evidence tested by these techniques in connection with the investigation into President Kennedy's assassination? ~~, . ' . _ Please note that under Rule 33 of tha Faderal Rules of Civil pte Procedure you are required to serve uron the undersigned, within t 30 days after service of this notice, your answers in writing and under oath to the above interrogatories. oe AS WIRAN BESaR TT] Page 307
CEREIPICATE OF SERVICE X hereby certify that service of the attorney, Assistant Uniidted States Attor: this 2nd day of Hay, 1975. ere: igs Arey eo Hh ’ » NW 54999 Doolm: 32989522 Page s08 . Foregoin upon the defendant by personally delivering a copy ney Michacl’ Te Ryan, on 4 ae g has been made thereof to Lts seer eee ermine ine a4 TRS RAL “ESA
C} 0) e e FEDERAL BUREAU OF INVESTIGATION POSTPONEMENT INFORMATION SHEET (JFK MATERIALS) a withheld entirely at this location in the file. One or more of the following statements, where indicated, explain this deletion (these deletions). Deletions were made pursuant to the postponement rationale indicated below with no segregable material available for disclosure. All references relate to Section 6 of the "President John F. Kennedy Assassination Records Collection Act of 1992." [] Subsection 1A (intelligence agent's identity) {] Subsection 1B (intelligence source or method) {] Subsection 1c (other matter relating to military defense, intelligence operations or the conduct of foreign relations) {] Subsection 2 (living person who provided confidential information) {] Subsection 3 (unwarranted invasion of privacy) [] Subsection 4 (cooperating individual or foreign government, currently requiring protection) {] Subsection 5 (security or protective procedure, currently or expected to be utilized) Information pertained to a matter unrelated to the JFK Assassination investigation. For your information: fUjA The following number is to be used for reference regarding this page (these meee 6.210 jobb -%347 BLK XXXXXXXXXX XXXXXXXKXX XXXXXXXXXX XXXXXXXXXK XXXXXXXXXK XXXXXXXXXX k NW 54959 Docld: 32989522 Page 309
: . JAMES H. LESAR . Do. ATTORNEY AT LAW . - ~- 1231 FOURTH STREET, 3. W. WASHINGTON, D. C. 20024 TELEPHONE (202) 484-6023 January 15, 1975 The Honorable Laurence Silberman Acting Attorney General U. S. Department of Justice . Washington, D. C. 20530 Dear Mr. Silberman: I am writing on behalf of a client, Mr. Harold Weisberg, of Frederick, Maryland. For nine years Mr. Weisbarg has been trying to obtain the re- sults of certain spectrographic analyses which were made for the Warren Commission as part of the investigation into -the assassina- tion of President John F. Kennedy. Mr. Weisberg's original efforts to force the disclosure of these spectrographic analyses culminated in a suit brought under the Freedom of Information Act. Ultimately, after a special en banc hearing at which the United States Court of Appeals for the District of Columbia reversed the decision of the Court of Appeals panel, Mr. Weisberg lost the suit. [See Weisber v. U.S. Department of Justice,. 489 F. 2a 1195 (1973)] As you know, Congress has since amended the Freedom of Infor- mation Act. .During the floor debate on May 30, 1974, Senator Philip Hart praposed an amendment to the "investigatory files" exemption which the Department of Justice had invoked to thwart Mr. Weisberg's - access to the spectrographic analyses. An exchange between Senator Hart and Senator Edward Kennedy made it clear that this amendment was intended to override the decision of the Court of Appeals in Weisberg. Thus, the enactment of the recently amended Freedom of Information Act constitutes a congressional mandate for the discio- sure of the records Mr. Weisberg seeks. On December 6, 1974, Mr. Weisberg wrote a letter to the Deputy ttorney General requesting the disclosure of certain spectrographic and neutron activation and other tests performed in connnection with the Warren Commission's investigation. The Deputy Attorney General referred this letter to Mr. Clarence Kelley, the Director of the Federal Bureau of Investigation. I am enclosing a copy of Mr. : Kelley's December 19, 1974 reply to Mr. Weisberg. I call your atten~ tion to its concluding sentence, which states: "In the meantime, we are attempting to identify and locate the documents in which:‘you have exoressed an interest, and will communicate with you concerning this in the near future.” . In respe ense-to this, I wish to point out that an FBI Agent has that he "examined" the spectrographic records. In Nw 54939 Docld: 32989522 Page 310 Ba ~ a CA rein iesdhean screen. aimee tients de ote tenia iee cake
“ . - i view of this, it is evident that there is no problem at all in either identifying or locating these records, and any alleged problem is obviously only a pretext for evading and stalling legal action by Mr. Weisberg. This conclusion is further supported by the fact that there has been no further communication from Mr. Kelley, despite his assurances that there would be. Under these circumstances, I have advised Mr. Weisberg that he has no alternative but to treat Mr. Kelley's letter’ as a denial of his request for these records. In turn, Mr. Weisberg has asked me to appeal that denial for him. This letter constitutes Mr. Weisberg's appeal from Mr. Kelley's denial of his réquest for dis- closure of the records specified in his December 6,:1974 letter, to the Deputy Attorney General. I believe that you should be aware that Mr. Weisberg has made very serious charges about the reason why the Department of Justice has gone to extraordinary léngths to keep these records from being made public. In connection with his previous suit, Mr. Weisberg executed an affidavit stating: From evidence in my possession I believe that the release of the results of the spectrographic analyses would reveal that the FBI deceived the - Warren Commission members as to what these analyses do in fact show. Contrary to the assertions con- tained in the Williams affidavit, I believe the real reason the Department of Justice continues to ‘ withhold these analyses is that they would prove that the PBI engaged in deception of Warren Com- mission members and the American public. Congress has now mandated the discloure of these records. If, after that mandate, the Department of Justice still continues to suppress them, then there is no alternative to the conclusions stated by Mr. Weisberg in his affidavit. In light of this, I would hope that the Department will make these documents promptly available, without puting Mr. Weisberg to the expense of yet another lawsuit. Finally, I wish to remind you that Mr. Weisberg has also re- , quested -the disclosure of of two items of court evidence in the Watergate case. Mr. Weisberg appealed the Special Prosecutor's denial of these requests more than a year ago. To date he has re- “=H SPos5—Doeld:32989522 Page 3ii
ot - 7 ‘ . a < ® ) ceived no acknowledgement of his appeal. I am renewing Mr. Weisbers appeal of the Special Prosecutor's denial and requesting that you either affirm or reverse that denial immediately. If I do not hear from you within ten days, I will treat your silence as a denial of Mr. Weisberg's appeal and proceed to file suit for these documents. S *neexely yours, fLinm if yur jim Lesar yi WW 54999 Doold: 323989592 Page Si2- - -—- —.-—~—.
EBL: AS:SMG:rmd ec? FEB 25 1975 James H. iesar, Baquire L231 Fourth Street, Yashington, B.6. ced ¥ Bo Ha 20024 DE2ar onds ko in behslé "3 a) This Letter res in which yeu appeal view as the tential o£ mation Aak ts ang other tea nartoruad. wien ehe Warren Coweission’® assassination. ed ny Sad 2 & ce aL t rg’s ras aak ood SRY iy pee ck ow fe Mo 34 9 You have « Secember LS, L974 re st. That iug under the 1974 tion Ast, vases wee Phe partment ERtion oaly a eifecrive eoneerad a dAmnandments has ony ; vO t Po a He iff ae LF gue % iB y ry Ue rh yt ow Qo he ON <4 jt pan te wd ay Ra PA rt & Re WT yo» i) YT be Be Ww me CaS th OC a ai ay re be At w RALAas o MAS isposition of Hr wraau has o Proceeds 8 goth t e $2 is .S3 Sa 4 Bi wee oe fh o i ® pe % gn rte Pt 2028 2 xu 5 My RS fat 54 < Fie pe ih BS ws Bs 5 x) pa ft Bre GI tt fe ee Pee wou ee “a 6 we & 6 RB Soe m ah ye reo) Rs kag oo oe fut & ree A ren f Pa) i i i) be 5 a st oe Cl : bor Hoo rr ge a Hite WEN OG eM DB we ct wp Ge wo tor ope oO Vrée is : : @ en os QR 4 A NW 34959 Doold:32989522 Page 313 actor Eelle / f Files Miss Gradoville Mr. Farrington- FBI-~ ~FOI- Mrs. Hauser-DAG . Mr. Saloschin Mr. Kreindler-Counsel to the Special Prosecutor Mr. Bresson-FBI FOT Unit Retrieval vector Ealley's 2723 Zor precegs- form WA pred ioverhker sea aa bag ® rep = py ont Mong Ys jen er IG ag cm] me Gy 4 im bs OF Bas jee er 7) H i Rf Se rr te a be} {2 Le ip 2
Z The Bureau is willing to discuss with Mr. Weisberg the nature of these materials to aseexrtain whether he is interested in having access to them. IE urge you to pursue these matters directly with the Bureau--which will in an vent act upon this matter within the time iinits (computed from February 19) establishad by the new Amendments. With regard to your desire to "renew" an appeal from the Special Prosecutor's denial of July 25, 1973: We have no record of any earlier appeal, and I must inform you that the thirty~day time limit set forth in 28 CFR § 26.7({a) precludes my entertaining an appeal at this time. Ho special circumstances have coma to my attention which weuld axplain or axcuse the 1 1/2 year delay. I have nevertheless examined the merits of the matter and I am satisfied that the Special Prosecutor's denial was proper on the basis of Exemption (3) of the Freedom of Information Act. fhe material which Mr. Weisberg sought (the “released pages of the transeript of the grand~jury testimony of =. Howard Hunt”) is not within the power of the Department of Justice to disclose by reason of Rule 6(e)} of the FPederal Rules of Criminal Procedure. I may add that in the future, under the revised regulations for the Department which became effeative February 19, 1975, I will not review on appeal the decisions of the Special Prosecutor undex the Freedom of Information Act. Having received a denial of your request Erom him, you have exhausted your administrative remedies and are free to challenge his deciston in the courts. Sincerely, ’ Edward H. Levi Edward B., Levi Attorney General NW 34959 Doold: 32989522 Page 314
_  & @ FEDERAL BUREAU OF INVESTIGATION POSTPONEMENT INFORMATION SHEET (JFK MATERIALS) — Sb pages) withheld entirely at this location in the file. One or more of the following statements, where indicated, explain this deletion (these deletions). [] Deletions were made pursuant to the postponement rationale indicated below with no segregable material available for disclosure. All references relate to Section 6 of the "President John F. Kennedy Assassination Records Collection Act of 1992." [] Subsection 1A (intelligence agent's identity) [] Subsection 1B (intelligence source or method) [] Subsection 1C (other matter relating to military defense, intelligence operations or the conduct of foreign relations) {] Subsection 2 (living person who provided confidential information) {] Subsection 3 (unwarranted invasion of privacy) [] Subsection 4 (cooperating individual or foreign government, currently requiring i protection) [] Subsection 5 (security or protective procedure, currently or expected to be utilized) wi Information pertained to a matter unrelated to the JFK Assassination investigation. -tT For your information: © OFA if The following number is to be used for reference regarding this page (these meee XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX XXXXXXXXXK XXXXXXXXXXK XXXXXXXXXK NW 54959 Docld: 32989522 Page 315 cee eRe ATR 7 SET OPO pee og rrr
- @ —§ 1 + Mx. White 1 ~ Office, 7133 1 ~ Mr. Cunningham ty, White January 24, 1975 ~ e b § Mr. M. E. Williams MG Mat Breason FREEDOM OF INFORMATION ACT (FOIA) REQUEST OF HAROLD WEISBERG Reference is made to Legal Coungel to J. 5B. Adams' memorandum of December 17, 1974, wherein it was recommended that the Laboratory Division review feisberg's request for information concerning the assassination of President Kennedy and identify pertinent material available which may satisfy his request. Weisberg indicates in hie letter that he is interested in “the report itself” or “the complete report only"; however, since these are available to him at National Archives, hig request must extend beyond these documents. The material available in this case falls into three categories. 1. <All of the background information and data accumlated during the actual examinations of the evidence specimen. 2. The compositional annlyses arrived at from calculations of the raw data. 3. The final reports. Spectrographic analyses were conducted on bullets and/or fragments therefroa, lead fragments and several items of clothing. Examinations by neutron activation were con- ducted on the above-mentioned bullet and lead materials and on paraffin caste taken frow the hands of Oswald. The results of all these examinations, with the exception of the neutron activation studies of the bullet and lead naterials, have been included in the FBI Laboratory reports. The results of the neutron activation examinations of the bullet and lead materials are contained in a letter to J. Lee Rankin, General Counsel, The President's Commission, dated July 5, 1964, Thie letter and the FEI Laboratory reports are available in the National Archives. The Laboratory hae on hand spectrographic plates and neutron activation analysie data which were used to calculate answers and wake judgments regarding the compositions of the miterials examined. As with most scientific data, interpretations of these plates and neutron activation anal yses data will not stand alone but aust be accompanied by technical JUK/rrk (6) (CONTINUED — OVER) NW 54999 Docld: 32989522 Page 316 an
Memorandaa to Us, White TREEDOM OF INFORMATION ACT (LOERA} RECUEST OF YAIGLD LOISTEG information which exnininge the narancters involved. fone of this oxnlanatory tafernation could be obtained by an inquiver itom outside oxnerte in esicsion srectvoreory and neutyon activation analysis, but in the obsence of cétalled proceduxal cata, the raw inforuntion is not subject to interpretation by non-technical individuslis. Notes were made at the time the ecsaninations were veoncucted Which contain the actual analyses including percentare OF Soe Glhement# praesent, relative concentrations of other clenintes and absence of detectable concentrations of eloments, Toue of these notes are nbysicsaily in the Leboratory and others are assuued to be intersnersed in the case file. The scaxch for this naterial will be extensive and tinc-consunins. it is estimated that anproximately 50 pages of technical notes aay be involved, The costes of veaenroduction will vary accardinge bi the ohysical dimensions and nature of the material to be urnijshed. snectrocrarhic plates and newiron activation data, caste will be substantial because of the various formats involved. In — the case of the srectrographic rlates, the Srecial “hotepranhic Unit of the Laboratory is investircating the possibility of nccurately renroducing the clates so that the recorded inieor- mition can accuxitely be assessed Irom the “duplication.” Uetiustes of the costs involved in such xveproduction; if they oan be made, are nok presentiy avaiinbie. In the exec of the néutron activation data, the total xeryoducthion of this vatertal will involve the oquivaient of annroxiuately 1,050 pares, Much more clerical time than that normally required tO venrowties 1,080 pages will be involved due te the nature ting size of the navee to be copied. It is not unrensonable to assume that the time involved would be approximately ten tines grentex than the tine neoded to reproduce 1,CG0 Wormal pages, tf we are requested to proecuce copies of the actual f | { | Accordingly, 2b wilk be neceesary to evaluate cach roquest in terms of the material te be furnished, and the averali costes will dopend on what naterials are to be renrodueed in resnonse to a stecifie vosmonee. < foot if ACTION: None. Zor inforaation only. 54999 Docld: 32989522
— nnn Onn nnn nnn nnn ene ee ite tle Be Adan 12-17-74 Leyal Counsel ENUEES OF EXNPORLYATION ACT (re POT?) EIOEEsSe OF DAROLD TIRESDLAs hotacghed is a prosose] Intter to captioned individual. Encoming correspondence was addressed to the pepury. Act corey ponezal Gated 11-27-74, and was reecived ty the FOIA Unit on It will be reealled Welsherg's initial lavouuit, referred to in his Lotter, concerned puctroqraphic analyses made by the PHI for tha Varren Commission in cennection with tha Konnody assassination. This suit culminated in an eanpeal to the Supreme Court, which on 5-13-74 denied cortiorari, leaving the Districts of Coluvhia Circuit Court decision which wpe our withholding tho documents under the cmon notien proe- icdons of Section (b) (7), FOES v7 investicatery files). Wciskerd now reinstitutes his reeuest uncer the wronded FOTA which Limits the forner inves stiqatory Eites anomption to certain enuncrated cataderios ani tyres of information, none of which initially appear applicable to the naterial Weiskherg reaucsts. fe additionally xoqueste reselts of nentron activation teating, but snock£ios be is interested only in final ropexts, not rau materials or Laboratory work. ALCON DATIONS 1. That the Latoratery Division review the request of Neiskerq for the purpose of ident titying reports and material requo sted, anc furnish the TORR Unit with ebservations regard~ ing the volumc of naterial reeucsted and any unusval cost factors rocarding release of the inforation. Lancleseurc AK - “ lite Fdams = Tnelesures {2} (WD ~ in. titite ~ Inelesures (2} Biten: Mr, Trazier L- Ur. tiintz TiBelaw (5) PCO TT DASTONS COURTINUGD Of PAGS THO NW 34959 Doocld: 32909522 Page 316
Legal Counsel to Ur. 7. 8. Adams mom Reo: FOTR Request of Marolid Veisberg COV IIDASTONS 2. that the POIA Unit rovicew the material identifica by the Lakoratery Division as boing within the scope of Uelsberg's roquest to determine the applicabica provisions of the Pora. 3. That the attached letter be sent to Ux. Veighbard. NW 34959 Doocld: 32989522 Page 319
‘ 4959 Docld: 32989522 Page 320 December 19, 1974 f ‘L/- Mir. Vhite Atten: Mr. Fragier Ur. Harold Weishorg Coq d'Or Press Route 8 Frederick, Maryland 21701 Dear Hr. Voisbergs This is to acknowlcdge your letter addressed to the Deputy Attorney Goneral, Department of Justice, which was referred to this Bureau and received on Decenkear 6th. For your information, we are presently awaiting guidelines and instructions from the Department of Justice regarding the implementation of the recently amended Freedom of Information Act, vhich becomes effective February 19, 1975. In the meantime, we are attempting te identify and locate the documents in which you have expressed an interest, and will communicate with you concerning this in the near future. Sincerely yours, Clarence M. Kelloy Director i - The Deputy Attorney General - Enclosure 1 - Bufile 62-L15530 (rorl~REPLIES) NOTE: See Legal Counsel to Mr. J. Be Adans meonorandum dated L2-L7?-74, captioned, "Freedom of Information Act (FOTIA) Request of Harold Weisherg." THislay (8}
@ @ l- Mr. Moar 1- Mr. DeLoach Eupaty Attorney General ~ Mr. Rosen June 36, TU ~ Mr. Sullivan (Attn: T. N. Goble) . 1- Mr. Conrad-Enclosure gE irector, FEI 1- Mr. Jevons-Enclosure L- Mr. Frazier a, Mr, Gallagher ees OLD WEEBERG: REQUESTS POR , ine FORMATION ae PREADOM GF INFORMATION A a fe te Reference is made to your memorandum dated dune 22, 1276, forwarding a letter from Mr. Weisberg for comment. The following comments are in the order of the subject matter set forth in Mr. Weisberg's letter: (1) Exhibit 60 (Pictures of President Kennedy's Clothing): Weisberg requested 2 photographic print of a eonsesite picture showing President Zcancdy's clothing. Exhibit 60 is a cornposite of several photograpas snowing various articles of the President's ere There is no single negative of this composite picture; however, there are attached prints made from t: 3 photographie negatives from which the composite picture of Exhibit GO was prepared. Mr. Weisberg refers to an identification symbol "CD 107° in referring to FBI Exhibit 60. CD 107 is the designation for the Warren Commission Document number 107. This decument is a suoplemental report furnished the Warren Comraisgion which contains Bzhibit 66, The check In the amount of $1. 25 attached to - Mr. Weisberg's leiter is belng returned herewith for appropriace disposition. REJimjk (11) ; (SEE NOTE PAGE 4) NE 349599 Docld: 32989522 Page 321
The Deputy Attorney General (2) Spectrographic Analyses: In referring to the (3) \ . | WW 54999 Docld: 32989522 Page 322 testimony regarding the spectrographic analyses of certain bullet evidence involved in the assassination, Weisberg advises that the testimony was simply that all specimens were of lead, no more. This statement is not true since the testimony as set out in Volume 5, Page 74, Line 1 of the Warren Commission Report states specifically that the various items "were found to be similar in metallic composition." This statement encompasses trace amounts of other metals besides lead which are invariably present in bullet lead. Documentation Relating to David William Ferrie: Mr. Weisberg in his letter of June 19, 1970, argues in the last paragraph on Page one and the first two paragraphs on Page two with the reply you furnished him on June 12, 1970, dealing with his request for the Ferrie material, Our observations and comments previously furnished to you regarding the Ferrie material remain unchanged; that is, the final decision as to the public disclosure of the material concerning Ferrie rests with the Department of Justice, but this Bureau has no objection to public disclosure of this material. Mr. Weisberg argues that "all the records of the Warren Commission are not in the National Archives." This Bureau has no information that any of the Ferrie material which we furnished to the Warren Commission was not turned over by that Commission to the National Archives, It is noted that the last sentence of the Forward to the published Report of the Commission reads: "The Commission is committing all of its
The Deputy Attorney General (4) F [| MW 54999 DooId: 32989523 reports and working papers to the National Archives, where they can be permanently preserved under the rules and regulations of the National Archives and applicable Federal law." So far as is known by this Bureau, this was done by the Commission before it went out of existence. Mr. Weisberg'’s argument in the second full paragraph of his letter draws a distinction between "documents" and "information. 't He does not describe what he means by "information" and the distinction he draws does not appear to make sense. Mr. Weisberg’s reference to Carlos Marcello is also not clear, although the New Orleans attorney for Marcello, Mr. G. Wray Gill, advised this Bureau on November 27, 1963, that Ferrie had done some investigative work in the Marcello case. This was reported in Dallas report of Special Agent Warren C, De Brueys dated December 2, 1963, which was furnished to the Warren Commission, Concerning Receipt of Material Obtained at the Autopsy: Weisberg comments concerning Exhibit 843 containing two objects and possibly a third. He also makes comments regarding receipt of this Exhibit. Weisberg was previously advised by you that Commission Exhibit 843 consists of two lead fragments removed from President Kennedy's head at the time of the autopsy. These are the only fragments removed from President Kennedy's body and turned over to the FBI. They were described as a “missile” in the receipt furnished Navy authorities by Special Agents Francis X. O*Neill and James W. Sibert. Page 322
The Deputy Attorney General (5) Autopsy Photographs: Weisberg was previously advised by you that the FBI has never had possession or custody of the autopsy photographs. H is difficult to determine from Mr. Weisberg’s letter what ke had in mind regarding this matter. However, this Bureau bas never had in iis possession any negatives, prints, or copies of photographs taken at the time of the autopay. The letter of Mr. Weisberg forwarded with your memorandum is being returned herewith. Enclosures (7) NOTE: We have had previous correspondence with the Department regarding Mr. Weisberg and his requests for information under the Freedom of Information Act. Weisberg is a prolific and notorious critic of the Warren Commission, the FBI, et cetera. His criticisms have included slanting of the truth and outright lies. Relative to the autopsy photographs mentioned in item 5, the Laboratory has never had in its possession or custody any of these photographs or any prints, negatives or other such materiai relating to the autopsy. The Domestic Intelligence and the General investigative Divisions also advise that they have never had custody of such material, The material set out above concerning Ferrie was compiled by the Domestic Intelligence Division. me
TO 13 7 eo) hat ma SUBJECT: OPTIONAL FORM NO, 10 : : moe : » MAY 1962 EDITION . a ? 54 7PM (41 CFN) 101-116 . 5 1 ‘ UNITED STATES GOVERNMENT. . Memorandum — — a Sadi The Deputy Aitorney General "pare: May 28, 1970 Director, FBI HAROLD WEISBERG: REQUESTS FOR INFORMATION UNDER FREEDOM OF INFORMATION ACT Reference is made to your memorandum dated May 19, 1970, rding wee Weisbere'’s request for certain ‘information relating assassination of former President Kennedy. Your attention is directed to my letter to the Attorney General dated November 20, 1967,. entitled "Assassination of Presiden: John Fitzgerald Kennedy, } November 22, 1963, Dallas, Texas," which set out inforraation concerning Harold Weisberg irom the files of this Bureau. This included the fact that Weisberg was onei.o ten em provers fired summar arhy > having | communist st sympathies, Later Weisberg was allowed to resign without prejudice. . Weisbe rg has written several books concernin g th of esident Kennedy which attack the Warren Commis ssion "Report, His H 900 "Whitewash-The Report of the Warren Report" is a vitriolic and olical criticism of the Warren Commission, | the FBI, th : Ser vice, several other U. S. Government agencies, and t > Police Department, Ie contains inaccuracies, falsehoods, and ‘deliberate. slanting of facts to fit Weisberg’s purpose. The following comments are in the order they were requested i Mr, Weisberg’s letters, copies of which were forwarded with your memorandum: (1) Spectrographic Analyses: Weisberg has requested “nei,_« details of the spectrographic analyses conducted on certain bullet evidence involved in the assassinat LiON. r i Docla: 329989800 Utagkzuegs Bonds Regularly on the Payroll ‘Savings Plan
The Deputy _As mentioned in my memorandum of February 17, 1969 Attorney General Reference - is made to the matter entitled "dohn Nichol Versus United States of Ammer ica, ecal., U.S.D.C. D. Kan., Civil No. T-4536" and to my me rorendum to Mr. William D. Ruckelshaus dated February 17, 1969. This material related to the release of spectrogr aphic data concerning certain bullet evidence involved in the assassination of former President Kennedy. It is understood that litigation is still pending as to whether or not information regarding spectrograph tic analyses will be released. nese ta ? it ig our considered opinion that the results of the spectrographic testis are adequately shown in the report of the Warren Commissith’ where (Volurne 5, Pages 67, . 69, 73 and 74) it is specifically set forth that the metal i Bureau and thus greatly hamper its efficient oper fragments were analyzed spectrographically and were 3 found to be similar in composition, The work notes and raw analytical data on which such results are based are not normally made public particularly since they can only be interpreted properly by scientifically iy ained personnel, investigative files c or this Bureau and mighitully £ tal il within exemption number 7 of subsection (b) of 5 U.S.C. 552 which specifically exempts investigatory files compiled _ for law enforcement purposes. Release to any and all who request them of the raw analytical data in the thousands of spectrographic t tests conducted in the numerous cases received by this Bureau would place an tinnécessa ey and heavy burden on tnis and compliance with ihe c current request would set a potentially highly u undesirable precedent in this regard, “NW 54999 Docld: 32989522 ‘Page 326
The Deputy Attorney General . - “Based on these observations, it. is our firm opinion that the provisions of 5 U.S.C. 552, subsection (p), exemption 7 should be invoked. and the request of Mr. Weisberg for the.spectrographic analyses be denied. ; (2) Docum entation Relating to David William Ferrie NW 34959 Doold: 32989522 _ ©) Mr, Weisberg described the records he requests as documents relating tg\dhe late David William Ferrie of New Orleans: (a) (c) Page 327 withheld from the Warren Commission and/or Comment: No documents relating to David William Ferrie were withheld by the FBI from the Warren Commission.,. wi thheld from the Nation al Archives Comment: So far as is known,: all records of the Warren Commission pertaining to David William Ferrie were turned over to the National Archives by the Warren Commission, together with all other records of the Warren Commission. withheld by the National Archives by order of the _ Department of Justice Comment: Your attention is directed to my letter to the Attorney General dated May 15, 1968, entitled "Assassination of President John Fitzgerald Kennedy, Novernber 22, 1963, Dallas, Texas," and to my letter to the Acting Attorney General dated February 24, 1967, entit ‘led "Public Disclosure of
The Deputy Attorney General @) Nw 34999 Doold: 329689522 —~ Page 328 Warren Commissicn mecords." Both of thsre letters concerned 5é. pages of Warren Commission Document No. 75 which cea:t with allegations a- investigation rezarding Ferrie. Copies of tae 55 pages in question were enclosed with che isiter of repruary 24, 1967. These are pages $3.55, 225-228, 291-304, SQ7.311, 318-316, Siv-fhs, and 341-348, all inclusive. In the letter detec May 15, 1968, I stated that the final Gecision as to the public disclosure of the material concerning Ferrie rests with the Department of Justice, 1 also advised that this Bureau has no.opjection to public disclosure of the data concerning Ferrie. These pages were originally excluced from public disclosure under guidelines approved by tur. iocGeorge Bundy, Soscial Assiscant to the Presicers., “as specific guideline eoplicable is identified as 3/C), which provides thet public disclosure shou. be made unless disclosure "would be a2 source of embarrassment to innocent persons, wno are the subject, source, or apperent source OL the material in Tee 2 personal natuz re ne aving no significant « connection with the assassination of the President." Gur position as to tais information concerning Ferrie has not changed since the May 15, 19538, letter Exhibit 60 Pictures of President Kennedy's Shirt and Tie): Weisberg requested a photograohic cony or . sortion of Exhibit 30 showing theiabs of the President's shirt. Apparently Archives has furnished a cooy of this =xhibit, f
The Deputy Attorney General however, he has advised the quality of this copy is not satisfactory for his purpose and has requested a print from the original negative which isa part ¢ of this Bureau's files. Compliance with the request would set an undesirable precedent and could lead to numerous such requests for copies of photographic matter furnished the , ‘Commission. The Bureayjcan ill afford to divert away from our important. investigative responsibilities the -. time needed to search our voluminous files and prepare ‘such material. However, since the photograph referred to as Exhibit 60 is available to the public through Archives it is felt the matter of furnishing additional copies is for the Department to decide and an additional photographic print of the portion showing the "shirt tabs" is attached in the event the Department wishes to set this precedent. (4) Concerning Receipt of Material Obtained at Autopsy: Weisberg requested a photographand all records relating . to the material removed by Commander James Humes, M.C., U.S.N., at the time of the autopsy and receipted for by Special Agents Francis X. O'Neill and James W. Sibert - November 22, 1963. This request appears to be based on his inability to specifically identify the Exhibit in the Commission report. ne The material referred to im the receipt is identified as Commission Exhibit 843. A photograph of this Exhibit was furnished the Commission and was published in ” Hearings .. Before the President's Commissionon the Assassination of President Kennedy, '' Volume 17,. Page 841. Other HW 54999 DocId:32989522 Page 329 cat kA
rd The Deputy Atiorne} y yeneral : informa tion BE ind the. Commi bee (B) Autopsy. ehotiis ‘aph . OD: CuBLOOY ct the eu Mrs (Weis sherg'. “As is stated in ‘the ether to the. Deputy Attorney General and: as we have pointed out in previous ‘communications to officials of the Department of Justice,. . Weisberg is a prolific and notorious critic of the Warren: Commission,’ ‘the FBL “etc. His criticisms have included sla anting of the truth and outr ight Hess? 7 mo gy So far as 5 the Fertie mate arial is concerned, Ferrie died in ‘February, 1967, The 55 pages of inférmation about him which were withheld from public disclosure’ contained allegations, hears say, and rumor indicating he.may have been a homosexual, This inforraation was withheld in 1965, two years. before Ferrie’s déath, The previous | communications to Department offici als which were written following Ferrie's death took the position 1 thatthe had no’ ‘objection to the release - of this information tothe public; however, the final decision in this regard was a decision. to, be made by the Department, of Justice, fut Regarding the photograph: ‘mentioned: in. item 3 ‘above i infor: na, — discussions with Mr; Carl Eardley, Deputy. Assistant Attorn ey Gener ral, ’ show the. Depar tment. feels that it would be difficult, if not impossible, ih sustain in count as ‘pefusal. to furnish ‘copies of. material the cubject macter, ‘of, whi ich : is’ already available to the. public. st - 3 HW 54999 Doold:32989522 Page 330
The Deputy Attorney General The receipt referred to in Hem 4 above was made out for a missile, .The "missile'’ consisted of two small fragments of lead recovered from the head of President Kennedy. — Relative to the autopsy photographs mentioned in ftem 5, the Laboratory has never had in its possession or custedy any of these photographs. This material has also been co-ordinased with the Domestic Intelligence and General investigative Divisions. Both Divisions advise that they have never had custody of the autopsy photographs. Material set out above concerning Ferrie and background on Weisberg compiled and furnished by Domestic Intelligence Division. gre? f v 4 NW 54999 Docld:32989522 Page 331
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For, Do-hig : . @ ; : amie __ i - Ed. P57) 0 U. S. DEPARTMENT OF JUSTICE ee WASHINGTON, D.C. 20530 . REQUEST FOR ACCESS TO OF FICIAL RECORD o. UNDER 5 U.S.C. 552(.a) and 28 CFR PART 16 we. _ See instriictions for payment and delivery of this form at bottom of age NAME OF REQUESTER ae . ADDRESS (street, ity, state ond zip code) weieD ic wvisbers Reed, frecerick, Pa. 21701 DATE 3/2 bf7o ee OF FICE AND CIty WHERE RECORD SO XOU WISH TO RECEIVE Copies» Flyes [Jno . IS LOCATED (if hows NUMBER OF COPIES ; . REQUESTED” AP YES, SO INDICATE {no more than 10 copies of any ocument will be § Lo urnished), .. } lude any information which mey be helpful in locating record) a ad ae ee oa ae OL SUulLet and ot ubbstone THIS REQUEST REL : COURT (check one) DOCKET NUMBER A MINIMUM FEE OF $3.00 MUST ACCOMPANY THISIREQUEST, OTHER CHARGES ARE AS FOLLOWs, (do not writ BY DEPARTMENT OF JUSTICE ONLY HIS REQUEST IS; a a7 LI} GRANTED € in this box) | _ FOR SECOND AND EACH ADDITIONAL ONE QUARTER HOUR SPENT IN SEARCHING FOR OR IDENTIFYING REQUESTED RECORD $ 1.00 . FOR EACH ONE QUARTER HOUR SPENT IN MONITORING » REQUESTER?S EXAMINATION OF MATERIAL $ 1.00 TT DENIED : ae : ~ COPIES OF DOCUMENTS; . 908 FIRST PAGE, 25¢ EACH ADDITIONAL PAGE FOR CERTIFICATION OF TRUE COPY $1.00 EACH | REFERRED FOR ATTESTATION UNDER THE SEAL Of THE DEPARTMENT $ 3.00 EACH ——_. - _ GSA CHARGE —— ; . TOTAL CHARGE a eayment under this section Shall be made in cash, or by- United States Money order, or ay check payable to the Treasurer of the United Staies, Postage siamos will not be accepted, This form may be delivered to any of the offices listed in 28C. F, R, 16.2 of Oifice of the Deputy Attorney General, Departme NW 54999. Doold: 32989522 Page 337 ; mailed ta: at of Justice, Washington, D, C. 20530 '
- REQUEST FOR’ ACCESS TO. OF FICIAL: RECORD | ay “UNDER 5 U.S.C: 552¢ a) and 28 CFR PART 16° AME OF REQUESTER ; wks We ; ADDRESS (street, city, state and de cede) Ht. oy: frede rich inde fed. sou thatractioie for payment and { delivery of this form at bot ttom of age: ef Perey w/e PO NUMBER OF COPIES ° REQUESTED ego ¢ FICE AND CITY’ WHERE RECORD O YOu WISH TO RECEIVE COPIES ? (Byes: [| NO- i LOCATED: (if knows) 5,50 INDICATE (no more than 10 copies of any - at will be furnished), PTION OF RECORD REQUESTE 'WIGA TION: DOES THIS REQUEST RELATE TO A MATTER IN PENDING OR PROSPECTIVE LITIGATION? [_]YES [_]NO LL IN}E [COURT (check one)| DISTRICT " [NAME OF CASE” DOCKET NUMBER N PENDING eb |FEDERAL | oo . . -ITIGATION [| svate ~ HIS REQUEST iS: [] GRANTS ‘ LJ] GRANTED | | FOR'SES dato an AND EACH ADDITIONAL ONE QUARTER» | HOUR oeeNT IN SEARCHING FOR OR IDENTIFYING REQUESTED RECORD § 1.00 " “coR EACH ONE QUARTER HOUR SPENT IW moNITORING . ae : REQUESTER’S EXAMINATION OF MATERIAL. § 1.00 a [| ‘DENIED Tne : ve ae | ti -. COPIES OF DOCUMENTS; = . ( 50 FIRST PAGE, 25¢ EACH ADDITIONAL PAGE tL » R CERTIFICATION OF TRUE copy $ 1.00 EACH i] REFERRED FOR ATTESTATION UNDER THE SEAL OF - THE DEPARTMENT . § 3.00 EACH (GSA CHARGE "TOTAL CHARGE ' Payment under this section shall be'made in cash, or.by United States money order, or ; by check payable to ‘the T Treasurer of the United St ates. Postage stamps will not be accented, : . This form may be delivered to any of the offices listed in 28C. F, R. 16.2 or mailedto. © Office of the Deputy Attorney General, Department of Justice, Washington, D.C. 20530 NW 54999 Docld:32989522 Page 338-
car? Ed, 78-37)” vo ave Ss DEPARTMENT GF. “wus TT “WASHINGTON, “D.C, 20530 mal _ Request FOR “ACCESS TO OF FICIAL, RE CORD" “UNDER, 5 U. S. C. 552¢ a) and 28 CFR, PART 1 le See instructions for payment and delivery of “this form at bottom of ‘page " NAME OF REQUESTER - ne a ADDRESS (s rot, city, § state and zip pe DATE, e/rC/90 , q E eS WHERE RE DO YOU WisH TO RECEIVE copies? El yes ‘Owe NO". IREQUESTZD TOA Er itewn RE RECORD IF YES, SO INDICATE (no more than 10 copies of ony * oe 4 as oh a mtn document will be furnished). . . DESCRIPTION OF RECORD REQUESTED (include-ony infofaiation which may be helpful in i leearing record)’ us @ mH: ‘Eh oy yy te . LITIGATION: DOES Ais REQUEST RELATE TOA WATTER IN PENDING OR PROSPECTIVE LITIGATION? [{]YES [JNO FILL IN IF VIF [cd INAME OF CASE “. *. TDOCKET NUMBER iN PENDING => | po LITIGATION = | MINIMUM FEE OF $3. ‘00 MUST. ACCOMPANY THIS ff MEST. THER CHARGES ARE AS FOLL ows, (ee not write [x ‘he box) REQUEST 1S: fF] GRANTED. 0° fof aay cae AN "FOR SECOND AND EACH ADDITIONAL ONE QUARTER » HOUR SPENT, IN SEARCHING FOR OR IDENTIFYING _REGUESTED RECORD $1.00.) . FOR EACH ONE QUARTER HOUR SPENT: IN MONIT ORING REQUEST TER’S EXAMINATION OF MATERIAL $ 1.60 git COPIES. OF DOCUMENTS: _ . 50¢ FIRST. PAGE, 25¢ EACH ADDIT !ONAL PAGE FOR, CERTIFICATION OF TRUE COPY $ 1.00 EACH REFERRED - FOR ATT ESTATION UNDER THE SEAL OF’ THE DEPARTMENT | $3 3.00 EACH, -G5A CHARGE, ; ToraL CHARGE | ‘Payment under this ‘section. shall be’ made. in casti, or by: United by check’ payable to the Treasurer of the Uni ted States, Posta ag ies 9 money orderpor >. | ‘amps will not be accepted, St e rey st This fost m may be delivered to any of the. Offices’ listed i in 28C. F. R, 16. 2 or mailed to: Office of the Deputy Attorney General, Department of Justice, Washington, D. Cs (20530 NW 54999 ‘ Doold: 32989522 ‘Page. 339 -
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@ v. &. vepartnent oF sus WASHINGTON, D. C. 20530 REQUEST FOR ACCESS TO OFFICIAL RECORD ~UNDER'5 U.S.C. 552( a) and 28 CFR PART 16 ivery of this form at bottom of page See instructions for payment and del ADDRESS (strect, city, state and zip code} int. Gy Progepiex, itt, 2LVOL OF FICE AND CITY WHERE RECORD is LOCAT TED (if known “TOT, 2) 6 NUMBER OF COPIES DO YOU WISH TO RECEIVE COPIES ? Elyes [Jno iF YES, SO INDICATE (no more than 10 copies of any gscume eat will be fvenished : ato So LITIGATION: DOES THIS REQUEST RELATE TO A MATTER IN PENDING OR PROSPECTIVE LITIGATION? [J] YES [JNO FILL IN IE count (check one)| DISTRICT INAME OF CASE ° {DOCKET NUMBER IN PENDING | LL DERAL - LITIGATION FOR USE BY DEPARTMENT OF __FOR USE BY DEPARTMENT OF JUSTICE ONLY | __FOR USE BY DEPARTMENT OF JUSTICE ONLY | THIS REQUEST {S: : | OTHER ‘CHARGES ARE AS FOLLOWS. (de « not write in this box) HOUR SPENT-IN SEARCHING FOR OR IDENTIFYING REQUESTED RECORD $§ 1.00 ! FOR EACH ONE QUARTER HOUR SPENT IN MONITORING — > REQUESTER’S EXAMINATION OF MATERIAL  § 1.00 COPIES OF DOCUMENTS: 50¢ FIRST PAGE, 25¢ EACH ADDITIONAL PAGE | (] GRANTED. a oe a - _. wo a | FOR SECOND AND EACH ADDITIONAL ONE QUARTER { FOR CERTIFICATION OF TRUE copy $ 3 1.00 EACH FOR ATT ESTATION UNDER THE SEAL OF THE DEPARTMENT $ 3.00. EACH GSA CHARGE L] REFERRED | ! me . TOTAL CHARGE Payment under this section shall be made in cash, or by United States money order, or by check payable to the Treasurer of the United Siates. Podtdee stamps will not be accepted, =‘ This form may be delivered to any of the offices listed in 28C. F.R, 16. 2 or mailed to: Office of the Deputy. Attomey General, Department of Justice, Washington, D.C, 20530. NW 545999 Docld: 32389522 ¢ Page 344-
@o U. S. DEPARTHENT OF ssi WASHINGTON, D.C. _ REQUEST FOR ACCESS TO OFFICIAL RECORD UNDER 5 U.S.C. 552(a) and 28 CFR PART 16 nt and delivery of this form at bottom of page ADDRESS (stree t, city, state ond zip code) yi ale ter S,. Ered Set a Ny “Cee EL701 See instructions for payme NAME OF REQUESTER a€OlS cL ish DATE /y Lo/ 7 — oa ~ c o MBES COP} . ! } H a D DO Youwish TO RECEIVE Copies? [yes [Jno [NUMBER OF COPIES 1S LOCATED Git knewn) RECORD lF YES, SOND! CATE (no mere than 10 copies of any “LL omen eenineton, 0,0, ished . document will sei LITIGATION: DOES THIS REQUEST RELATE TO A MATTER IN PENDING OR PROSPECTIVE LITIGATION? CO]YES FINO FILLIN IF [COURT (check one)[ DISTRICT NAME OF CASE DOCKET NUMBER IN PENDING => | }EEDERAL | - a So LITIGATION | (] state R A MINIMUM FEE OF $3. Bo MUST ACCOMPANY THis REQUEST. QUEST 1S Me i OTHER CHARGES ARE AS FOLLOWS, (do not write/in this box) (] GRANTED 0 St | . a _ FOR SECOND-AND EACH ADDITIONAL ONE QUARTER ‘HOUR'SBENT IN SEARCHING FOR OR IDENTIFYING REQUESTED RECORD $ 1.00 “ : . + FOR EACH ONE QUARTER HOUR SPENT IN MONITORING : : ‘ : ‘ . . REQUESTER’S EXAMINATION OF MATERIAL $ 1.00 _ COPIES OF DOCUMENTS: , 50¢ FIRST PAGE, 25¢ EACH ADDITIONAL PAGE a ee FOR CERTIFICATION OF TRUE COPY $ 1.00 EACH [] REFERRED: . ...: |fe. + FOR ATTESTATION UNDER THE SEAL OF re THE DEPARTMENT § 3.00 EACH GSA CHARGE - Pyle TOTAL CHARGE . Payment under this section shall be made in cash, or by United States money order, or - by check payabie to the Treasurer of the United States. Postage stamps will not be accepted, This form may be delivered to any of the offices listed in 28C. F. R, 16.2 or mailed to: Office of the Deputy Attorney General, Department of Justice, Washin ngi on, D.C. 20530 NW 54999 Docld: 32989522 Page 345 .
NW 54999 Docld: 32989522 Page 346 . | Lillian & Harold Weisberg Cog d’Or Press route 8, rreperick, MD. 21701 Code 301/473-8186 November 27, 197l The Deputy Attorney General The Department of Justice Washington, BD. ¢. 20000 Dear Sir: After exhausting my administrative remedies, I filed ¢.d4, 2301-70 in Federal district court in Washington. [In it I sought the described spectrographic analyses made by the FBI for the Warren Commission which had been denied me. The law has now been amended. I herewith request that you reinstitute this application for these analyses under the law as amended. The Devartment saw fit in this previous case to make misrepre- — sentations to the courts. I therefore want it to be clear that I sought and now seek only the final scientific reports on theses tests. Not raw materials, not laboratory work, only the conclusions as embodied in the full report, or the report itself. Herewith I expand that request to include similar neutron- activation testing, whséther or not by the FBI, of those same objects and materials, namely the bullet allegedly used in the assassination, various fragments of bullet also allegedly so used, and the various objects said to have been in contact with any or all of these. Here also my request is for the complete report only. Very truly yours, | ; Harold Weisberg
rv a ee © wwe res er ae Miter States Baisteiet € ° ge BAR BOLD WEISBERE . .eoiv1oa ‘todts | : ot 1 ° to 3s i got. mun: | & | s ie Can an Plaintift fis SUMMONS. i, £O} | . a re ' ~ i > _ x oe i a Pt Beet | & | 3 | ig i oP eee i? i rt ‘ tS i Sas :PARTIND oF JUSTICE | 5 | 3 a L Bild i nd 4 | { my” ‘¢ - SHS 4 tk ' Hy i i “ o+  ! an as ey Pre | fet Roe Bap . +4 i { . So it Ten H EE Sf f i an: i | I To the above named Defendant : You are hereby summoned and required to gerve ‘upon yworct— TUTTE Wp Legs meq onjr i esunice mivsys prs bexecw ere RES ¥ HME” apeyee Pg aest ory wakes 1 Rega: = . ry fA FY 7 ‘i BERNARD FENSTERVALD, JR. DEPARIA fae” F TUSTICE Br }i7| avy & 1970 ° ‘envy qsplaintifi’s attorney , whose address enipachipeg gUq 2Monw £0 pstors ws’ & oo. ppiz t “! _____967 Fifteenth St., Nae | " ae “= Weshingvon, DB. ¢. “20905...” _DebetPQushs x gorayes a ate ana 5 any answer, io. fo-the. complaint which is herewith served 1 upon you, within | Se9s after service of this ye RILSZ yHavet . gubiriotis aporyou, exclusive of the day of service. If you, fail- to do;so,- Sudgment by efaulé will be i H i & taken against you for the relief demanded in the complaint. ot HORERT Mie Leaman ad Pip a [seal of Court] wae E a p , Note:—This summons is issued pursuant to_ Rule Te. Federal Rules of Civil Pr ocedure, i I LScelzeg (yi2 enmusisus2 sg 26 nAGY If [OGSLTEL mea "UG GOMTIYSINE PShens Fe LOTO/A2: , 2 pyperep? sonsytA By LETTS FHISE O8F FE ” GIR OF | Se ob. MW 54999 Docld:32989522 Page 347 . . ~_. 7 7 .: ter ah Cae Sr re ws ym Spee T Terre FEV Fe de) Lud ios
« 7 : -_— x . UNITED STATES prema COURT . * ‘FOR THE DISTRICT OF COLUMBIA Seed geneenceaerorecereccwesvaced . e . : m7 . 7 ° 7 ‘$ HAROLD WEISBER 2 - ar Route & $ _ 7 mo _ Frederick, Maryland :. ° 2 , a Plainti££ g. 67 Co ’ 3 - . . Vv. ¢ Civil Action No. ” _ P . . : . too. U.S, DEPARTMENT OF JUSTICE 3 10th & Constitution Ave., N.We: Washington, D. C. ° ry : . ; t Defendant ¢ * e e * ° r 4 ® e o se o e s e « ? (pursuant to Public Law. 89-487; 5 U.S.C. 552). 2. Plaintiff brings this action under Public Law t ' ine t ‘2. Plaintiff is a professional writer, living and + . . . «a ; “4 working in Frederick County, near the city of Frederick, in the State of Maryland. Plaintiff has published a nutber of books Sealing with political assassinations and currently is devoting his full tims efforts to researching and writing additional ye. i ‘ books on this same subject. J ‘ \ 3. Defendant is the U.S. Department of: Justice. « 4. Spectographic analysis is a commoh and simple | method making possible the study of objects in evén miniscule * NW 54999 Doc Ih.s2989592 Page 348 . e ‘ :
- and compared, wo cae * “ wow “~ ‘ete ad 7 . . ee fs re a | - 5. When bullets and fragments thereo£ are stud ited  Spectographically, 3% is pos ssible to make a definite determinats ” .¥ ‘that all of the bullets and fragnénts came fron one particular . ee batch made by one particular manufacturer OL they aia not. a > . ee oan « . ‘ CG a ll 3 6. latter the assassinati on: of press dent Soha F Kenne y. fe Me fy a A p= Dallas on Noverber 22 1963, the Federal Bureau of Invests gan} we eld Lon, a subordad nate branch of the defendant Department of Justic spoctographically analyzed and compared the following ‘tems: | ~~ ‘ - . . - Re Nee Ae 7,7 ¢ wet OM eS ~ we -f oe oat - - 7° wet We ys Te "rt 7 eee oer aoe we re are : - ¢ - - thas ~ . * . . tees *. wee sooth er ae ~ ay . me . . 3 " QI Ct. eB. a) the purlet fouria on the sthetcher of of either . eo CE 399 os | President Kenn edy or Governor John ‘Connal ly of Texas | ; (rasntitiea as Exhibit 399 of the President's: Commissd n on the Assassination of President Kennedy, hereaiter { . - xeferred to 2s ‘the Warren Commission); Qu C2 ee) bullet fragagnt from front seat cushion of - ‘om i we 4 ces of the President's Limousine; . 7 | We c | Q% = VES ‘bullet fragment Econ beside front seat; | re Nese , QU QS So Gite ofa) “metal fragments fron the President's head; mit _ | Gs " OF CG Gk. 6) metal fracment from the : arm of Governor, Connally; - a " Qt Cc: 16 Ge £) threé metal fraguents recovered from 3 rear * floor boara carpet of Lnovsines Os gc C17. G Ks) metal scrapings from inside surface of wind. 6 sleld of Limousines and Se a er a ns a « * Boe. leche oT a . = - y MW 54999 DocNi:32989522 ‘Page 349 7 4 to | Se ee 7 ee 7 ie
+ « . “ . ¥ (32 Ce ay condom h) metal scyapings from, curb in’Dealey Plaga : ; ; which was struck by bullet ox fYagment. ermnancasin 4 LT" Revlon en dmg AGH ‘J. The spectographic analyses were made by FBI Specia Netne Agent ‘Iohn EF. Gallagher. 8. Even Enough My. calingher tosts.£ fied in deposition form before the Warren Comeission, he was asked no questions about the spectographic analyses made of the bullets and metal fragments. (Hearings Before he Warren Commission, Vol. XV, pp. 74652). 9. The testimony re the said analyses was given by another FBI Special Agent, Robert A, Eraser, (Hearings Before the Warren Commission, Vol. V, pp. 58-74). ‘ . “ * I . é 10, At page 74 of his te stimony, Mr. Frazer said that Fae the bullets and fragments tisted in paragraph 6, suora, were “eimilar in métallic composition" but refused to say ‘that they . . . . . i . . identical, a dl. It is not known whethe ex the FBI turned over the  spectographiec analyses of the ‘bullets and fragments or a ‘copy . thereof to the Warren Commission or not,’ although they were requested to do so by the Commission (commission Report, p. KI). ae . . ; . . t . . : “e 12. However, if the analyses were turned over to the Warren Commission, the Commission in turn did not deposit them i the National Archives, although all of the rest of its materials were so deposited, an ; tp Te -. : | wo Do yk Se a Page 3 ” MW 54999 Docl : 32989522 Page 350 * - oe
. . . . . i ‘. . : ev ow . . { a é « - . ., i : ‘ 4 -- - ; » é . > . . -« . | . en 13. Plaintif£'s fixet formal. at ttompt to ‘get permissior oo . to see and/or copy the spectogr raphe analyses was in a letter tc n eye FBI Director J. nagar Hoover , dated Ray 234 1966, (see Exhibit Og . 2 ee oe 4 eo A apipénded hereto. ) 3 - . - “Oe . . . wv oi . . . . - . ‘Sy o¢ - ,o% ~ . poe - 14, Plaintiffts request went unanswered. y 45, ‘During 4966, 3967; “hs68, and. 1969 ‘Plaintits made oat neat Lae nee one ne ay , we - emtee Sean deter emecenstceeamenmnntets cn aeri cee gem kann eemtome seniee janteeaeame pemenemamammenint ¢ 40% = numerous ‘requests, both orally and in writing, of the National Archives (which should ‘have’ had a /CCOPY ‘of the analyses, pute’ main- ’ tains that it does not) and the Departuent of gustics to examin and/or copy the analyses. ‘Wee | Behinit B appended hereto, » : 7 ete “ - # -y ay TOE - 4 ef : z owe . . Se ae ec Par) oa -? - tae at : ~~ 2S we opr te te . 2 ace ce » he! - + General reqhesting his review of the denial by the Deputy Attor ey ee eee rey General of his request for access to various mat terials. including the spectographic analyses. see. exhibit Cc -apbendea hereto, ) wlust 17. ‘on ‘May 16, 12700 in a letter addressed” to Mr. NT ee mete emer ene tinal mee Et re REA mEe ee Richard Rleindienst, Deputy attorney General, Plaintite renewed <= his request, accompanying 4t with a compiéted form De 118 ("Re~- “quest for Access to. official Records Under 5 Ue Se cy. 552 (2) and 28 CFR part: 16"), describing ‘the records sought as " gollows: ; *Bpectographic analysis of puliet, fragments of bullet and other objects, including garments and.part | of vehicle and curbstone said to have been struck by- buliet and/or fragments during assassination of Presi-+ dent Kennedy and wounding of Governor Connally. See .. my letter of 5/16/80. _ ne o (See Exhibit D appended hereto.) - | - oY ta? = [Be 54999 Doclal[s2989522 Page 351
MW 34939 Doocl — *, Plaintiff's letter of April 6, 1970, 18. On June 4, 1970, the Attorney General replied ta denying him access to the ’ spectographic anal Ses, stat “Lng that they Were exeni © from publi disclosure under 5 U.S.C. 552 asa part of an “investigatory eid compiled for Law enforcenent purposes." General, they were exempt from compulsory disclosure under exce tion No. 7 of “ 19. x. that Act. (Sea Exhibit g appended hereto.) in a letter ‘gated June 12, 1970, the Deputy At ctoxnd According to the attorndy General took an identical position,. denying access undex 5 U.S.¢. 552 (b) (7). 20. (See Exhibit F appended: hereto.) 4 o The request remaining denied ter exhaust tion of administrative procedures, Phaintife files this complaint oe ' to Public Law 89-487, 5 U.S.C. 552, further alleging that, purs to this. Law, the records must be made available to him, and the Court shall determine the matter de novo, and the burden is on ‘Defendant to sustain its refusal. WHERE a.) BORE, Plaintiff prays this honorable Court for the _ following relief: ~ - that Defendant be ordered to produce and nake | available for copying the spectographic analyses of the various bullets and fragments listed in paragraph 17, supra, and such oth relief as this Court may daem just and equitable. 5 . Dated: S2989522 i Page 352 2 DACA nap ARIES OE RONEN NI ARIE q a BERNARD FENSTERWALD, JR. §27 Fifteenth St.; N.W.- ' Washington, D.C. 20005 - Tel. 3476-3919. Atterney for Plaintiff oo mo Page 5 e
FEDERAL BUREAU OF INVESTIGATION POSTPONEMENT INFORMATION SHEET (JFK MATERIALS) _to withheld entirely at this location in the file. One or more of the following statements, where indicated, explain this deletion (these deletions). {] Deletions were made pursuant to the postponement rationale indicated below with no segregable material available for disclosure. All references relate to | Section 6 of the "President John F. Kennedy Assassination Records Collection Act of 1992." [] Subsection 1A (intelligence agent's identity) {] Subsection 1B (intelligence source or method) [] Subsection 1C (other matter relating to military defense, intelligence operations or the conduct of foreign relations) | [] Subsection 2 (living person who provided confidential information) [] Subsection 3 (unwarranted invasion of privacy) | {] Subsection 4 (cooperating individual or foreign government, currently requiring protection) {] Subsection 5 (security or protective procedure, currently or expected to be utilized) i Information pertained to a matter unrelated to the JFK Assassination investigation. th For your information: cE foyA The following number is to be used for reference egarding this page (these a HE) C2 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXKX XXXXXXXXKK XXXXXXXXXK XXXXXXXXXK \ Sw 54999 Doocld: 32989522 Page 353
stew S mela toa memerardws of Lecal Counsel. - tee. dames 5 wich reeomsented Portshine te the Der artment. nz pratiees Brited Beater Attorney } (A083! ; Biches Ryan, Disteies of Cotunibta, sogies of on efficerit av SA got Be Bitsy. dated S/13/7 55 concern a vartons ome inations sogdueted by. the FRI Laporabory im sonneckion wi our investigation of the sesassination of President sober | = semiedy. This tecqmmendetion was approved, the aiiigayist was Subsequently celmitted 6 Une avert, and the plaintiz? has eitad & motion te side the nieldasts an the s Pores thet bt uns muda nok om pewsemal knowledss, does nat ‘ gonply with % she eases diveckive thet’ stah an atfid dave hooks a ‘ pose te pininiifsts interrorsteries. ui ves subnitied ty ted feith. aa Avtachsd eoyptenentel afttisavis of Biky feshains smation zeguested hy AUSA Korn on ¢/20/75, In arder to cunese = tion ta strike, inet hyen hae advised thet he wore ike to on this supplonomtal af avrideyic, if rat alt possible. by o ‘23/7 fo« ~ i . Three of the pointe reised in plaintiti’s motion ta Sirike Rave. “proneht te the attention of Legal Counsel theres 2 ‘Ste ofithe Laboratory work sheets concerning ine fbf s feted (+ investigation, whieh was oraviewsig furnished viainhiff, eeferenta re made So % fact thal spose er srashic ie amlyeia Bas mace of suai foreion “motel Se¢ars apmesr Ting OB om & ETERS maser the Joeation shora-the Presidents wes chet. “ghe pore iusion til: GOBEIRURD i+ OVE (9 MW 34959 Docld: 32909522 Page 354
' : 1 4 | cme NW 54999 DoclId: 32989522 Page 355 ‘Memerendies te wei $ Reg Frecdes of infarna}iog dot (POLL. £ vemess of Bereta | Heisoess Ie pc deitaeiee pee ndgiaee © Mak they have pee cable eon BOOS ES the spectrostenivie See ee om pistes which gonld neve beer made feed Subsegeently pregerted: during this tet; lths Ieborxtory Ras. Sise hoe utehie to Toeste the metes sade * tram ther piate(a). compact with the sepiced Bk whe nominated this tesk inzisates . & does tick vacell vhel me did with the phetefs’. ané he believes be qorats hig Hirvtives Strentiy om the york shobt, either Laeck Heys ae Sper attend myios, Pisiniit? sneni ti cally excimisd eseom Horankic plates from dig FOIA reswesh. and we are indinasine in the abhbached syupplecental, “agftdnesé igem Paracranh Phees: thes hae _ previously Eummiched work shegt oloné gonsists or eli meres and pesnlts ef thig test. da tlerre shovid be mo direst pretles im «_. comment: tion with this presen: Tewscih. However, the fact meaning that mitetial sonvernine oe inverstigniiow of the Ramneds assas~ sindtion 28 sigs? BIR 5 met terini whieh cesid he the aubiest of 2 Patines FOTR veruess smifer anit. i ihe second possible probies is. - That, im a BES /Sk, - te kine $ ok J. Edser Soares Ec J, Dee Beets, ceasirnt Covmsel Bes She Beueary Gomnigsion, which Istiee nae aise been fueniohad gininttee., 25 as stated (etiucernine this game metal smear“ Lt wast ae hore mined from  mleroscomis ataiy thet the lead goieet “Shad strusk the eurbing causine the mark was meving in a cemeral dissection ayvay fron the Taras Seheol Beak Denostiory Belling The gimchieions of this gentemee are apphrently aorrest; = Seah. 13, the | gRiets pes Zead ami the sheet Boule have coms Prom. 4 ne aire Sion of che Book: Deposike » However. F,)the Leboratiey i ible to Leaste am Soot tary avidenss that ‘mee Pr Jorosesnic | study* deterel mined tris, The presesse of lead ves sscortained Larough spec trosraphic amaliysis {as explainss in this mesornndum . ang the Airectianal Yinéine wes meade through a shady af “the Soeah aeons maul (che Zaprides fits, The wiainbire | frase Sexy: agted this niaroscepla abudy, and we are ancvering Tz the guypleriembel afifi- davit {see Paragzaph Foor sim imply thet we bave “uncovered no adit tional doeuments concerning & gbudy of this tyoe..” Leite eosid he made that we pos spesely or thitouch exres misleed th “e Wetrren Commi sade. 3 he thied probles is a lesser one in that SE abort LF osis giopert our nesition. Pinincier iz his mo bien ta strike 8 ea from i, Renkin ot the 1/27/65 Exeautiive Session of the «= Dw
“54999-—~Docld:32989522- Page 356 = ---° + - ee . ee Hes of Inzox yon: Bak fEGTA: .. _ H Request of Hared: td Waisher ghers Herren mn Goasissicct, yhom he sate tastineny to the offart thek newirort st xetivehion mantysis | Hes bedres wee 2s seriy ss L/i0/G> om the tulzet Framents sauinved Eran tke the Hodtes ay Ppesitent Bemmady jack Seprernor Uonmatty< Reinke? sina ouéies - fron & Lie /oe Te zlten 3 2 hie, Hogyes to Ge. Bani vitioh conkd - be Piowed ae ag sappertine ths teptiner, Reyveyar = i¢arch of pertinest Leborataiy = Siieg wl notes shoes BAA was being used - ie gestior date ag $0 guanine pereffin casts Pron the hands and ebpelt of les Harvey Gmmid, Had testing was $ aoe being 3 wen 2 at bake tise for the esomitietion sf any mete? 3 involved an this case, nex wat ib so vbilizes wabit piste ise Pxties rep Sie of ettechot sepelensivtal affidavit ‘f That the abbached supplemerned atviderlé $a sperered ann theresfter jmmedtately berinceer Tae Ser AUS yas by o - sHBANT ots | Ywtetostative of the FATA Litivathen. Unie. eat sappy of thie aretdayih wats. aise be nanduonrriad to ke, Jarieer Asmized: Departmen’ of & sTuuetl gets 7% -
tt tee “HAROLD WEISBERG, UMITED STATES DISTRICT COURT @ tHE DIsTRIcT or cOLMBT Plaintiff . 7 . Civil Action No. 75~-226 Ve ° . UNITED STATES DEPARTMENT OF JUSTICE, ‘ét al. , "Defendants , 7 AFFIDAVIT Is John W: Kilty, being duly sworn, depose as follows: ~ 1. I.am a Special Agent of the Federal Bureau of .. - Investigation (FBI) assigned to the Laboratory Division -of the---- .EBI, Washington, 1 D. "C.5) ‘in a supervisory. capacity... This” affidavit - — — =e ‘PT oat supplements my previous affidavit ‘of May 13, 1975. 2. I have personal knowledge concerning ‘the contents of -_ Paragraphs 26-29, “inclusive, of plaintifi's affidavit. dated June. 2, Fee enet cee seetied t 1975, wherein plaintiff alleges numer ous documents falling within his Freedom of Information Act ‘(FOIA) request have not been furnished 3. Concerning plaintiff's allegation that he has not been’ _ given the "spectrographic testing" of "small foreign metal. smears, On. a piece of curbing": ° the Laboratory work sheet which was previously . ‘furnished plaintiff, and from which he quotes is the notes and results of this test. -A thorough search has uncovered no other material con+ cerning the - spectrographic testing or ‘the. metal ‘smear: on ‘the curbing ee. Concerning plaintiff! s allegation that ‘he ‘has not been given ; the Nmicroscop1 ce. study" rererred to at the-bottom :of. page two of -an August 12, 1964, letter fron J. Edgar. Hoover. tq d. Lee Rankin, which letter has also been furnished plaintift?: . @ .tnorough search has uncovered no additional documents concerning a study of this type. | NW 54999 Doold:32989592 Page 357 teense secon _ Se Be oo a
Ody haere vindite A NANA eimeenatn veeebt rhb Stead a ern detene © Fonkis b oebed my Aritete Abana bhenh maretn tates Get nemo Ramen St web oe " . many yA os * . 5. be lee as Commission 6. already’ being was not, furnished _ _to Aim,- This BeERLAD Ua eeetiebie fee Bee Concerning plaintiff's allegation that he has not been furnished "a Laboratory report apparently. dated December. 5, 1963": inasmuch as plaintiff has indicated ke did not wish to “receive our reports which are already ‘available “to the public, _ but rather the data compiled as input to these reports, this report _ Document No; 2055, ‘pages 13-1 . need ane ‘Concerning plaintiff's allegation ‘that, although “the , date of. all- the neutron activation analysis waa)‘ 'doctiménts ' ‘furnished: . him is May 15, 1964, there is an indication tat this technique was, utilized as early as ‘January 10, 196i: - the earlier” Naas the quote. from Mr. Rankin in-Paragraph 27 of plaintiff's affidavit to ‘the contrary notwithstanding, was conducted-mon paraffin casts taken ~~"- of Lee Harvey Oswald's hands and cheek... Plaintiff requested NAA ~- material concerning metal fragments only. No neutron activation | analysis ‘of the metal fragments ‘was made prior to May ‘15, 1964. 7. ‘Concerning plaintiff's allegation that ‘there may have been Waa' testing subsequent to” “May 15, ‘1964: to prevent any further ‘misunderstanding ¢ concerning NAA technique, it should: be noted that the date written ¢ on the NAA! ‘documents furnisted plaintiff refers to the date irradiation of the metal fragments was conducted. The compilation of other data appearing on’ these- documents would have - of necessity occurred after the date of irradiation. © 8. “Conéerning plaintiff's. allegation that, _ although NAA. testing was conducted on the clothing of President Kennedy and Governor Connally, he has not been furnished the results of this testing: further examination reveals emission spectroscopy only NW 34950 Doold: 32989522 Page 358
was used to’ determine the elemental composition of the borders and edges of holes. in clothing and metallic smears present on a wind~ shield and a curbstone: NAA was used in examination of certain . metal fragments, and plaintiff has already been furnished material relating to these examinations. NAA was not used in examining the - clothing, windshield, or curbing. 9. FBI files, tothe bést of iy knowledge, do fist” includé - any other -information requested by plaintiff in addition-to that previously furnished him.. Special Agent Federal Bureau of Investigation Washington, D. C. _ Subsexibed and Sworn to before me this Ag ak day of a, Notary Public My commission expires tle FO-7F . NW 54939 Doold: 329389522 Page 359 "4
c 54999 Doold: 32909522 Page 360 lL ~ tir. Cochran L~ Mr. Stack cL- ~ lier, hilty Mr. Cochran une 20, 1975 Mu. go. Stack, Ir. FREEDOM OF IRFORMATION (FOIA) REQUIST OF HAROLD WEISBERG Reference Stack to Cochran memoranda, June 16 and June 17, 1975. This metrorandum concerns itself with paragraph 27 in Weisberg's Memorandum of Points and Authorities wherein Weisberg quotes a letter dated January 10, 1964, from J. Edger Hoover to J. Lee Rankin and comments made by Rankin at an executive session of the Warren Commission on January 27, 1964. In regard te the first point, Director Hoover's Letter States that "work is already in progress applying" neutron activation analysis "to certain phases of the current investigation." An examination of pertinent Laboratory files and notes shows that NAA was being used at this time to : examine paraffin casts from the hands and cheek of Oswald. WAA was not being employed at this time for the examination of any metal fragments involved in this case, In regard to the second point, Rankin states that the AEC was conducting examinations on “bullet fragments" "by a new method" and "they have had it for the better part of two and a-half weeks “and we ought to get an answer." An examination of pertinent Laboratory files and notes shows that the metal fragments were not submitted to examination by NAA until May 15, 1964. Weisberg has never requested the WAA data on the paraffin casts from Oswald and has been given the data on the examination of the metal fragments. ACTION: For information. i - lr. Blake, 4706 JB iL- ie. Bresson, 5448 JEN TWN+jak (6)
Mr. Cochran June 20, 1975 1-Mr. Cochran _1-Mr. Kilty FREEDOM OF INFORMATION (FOIA) REQUEST OF HAROLD WEISBERG _Reference is made to Stack to Cochran memorandum dated June 16, 1975. Former SA William R, Heilman conducted the spectrographic examination of a lead smear removed from a curbstone in the investigation of the John F. Kennedy assassination. On June 19, 1975, SA John W. Kilty of the Laboratory telephonically contacted Mr. Heilman for the purpose of determining if the notes made by him concerning his examination and available in the Oswald file are complete. He advised that normally he would construct a "table" to record the relative concentrations of the eliments he measured on a spectrographic plate so that it would facilitate intercomparisons between samples, However, in this case, as he récollects, he ran only one sample and the important part of the examimtion was to determine if the smear was in fact lead. The notes he made on the worksheet reflect that he detected lead with a trace of antimony and that no copper was observed. Mr. Heilman stated that he does not know the whereabouts of the spectrographic plate he made. He advised that it is probable that it was destroyed along with other plates which are disposed of periodically according to poldcy set down in Bufile 62~38539. Mr. Hetlman advised that if it were required he would make an affidavit stating substantially the foregoing. ACTION: None. For information only, IWE:jc (6) 1- Mr, Blake, 4706 JB I- Mr. Bresson, 5448 Hoover Building MW 54999 Docld: 32989522 Page 361
Mr. Cochran dune 16, 1975 1-Mr. Cochran l-wir, Stack | M. J. Stack, Jr. .1-Mr. Kilty | FREEDOM OF INFORMATION (FOIA) | REQUEST OF HAROLD WEISBERG By letter dated March 31, 1975, to James B. Lesar, Esq., attorney for Weisberg, the Bureau released five pages of documents in the John F. Kennedy assassination investigation. These five pages related to the examination of a curbstone and are enclosed with this memorandum. As can be noted on the first page of the Laboratory worksheet, lead smears from the curbstone were examined spectrographically. In a Memorandum of Points and Authorities filed in U. S, District Court for the District of Columbia, Weisberg has asked for "this spectrographic testing. " An exhaustive search of pertinent files, and storage locations has not turned up the spectrographic plates nor the notes made therefrom. Therefore, by affadavit, Kilty can Say that the FBI Laboratory has turned over to Weisberg all the material it has concerning the spectrographic examination of the lead smears from the curbstone. ACTION: None. For information only. IWK:jc (6) 1 Mr. Breson, 5448 JEH (with enclosures) 1- Mr. Blake, 4706 (with enclosures) Enclosures | | | NW 54999 Docld:32999522 Page 362
lMir. Cochran June 17, 1975 1 Mr. Cochran M, J, Stack, Jz. Me nity FREEDOM OF INFORMATION (FOIA) REQUEST OF HAROLD WEISBERG _ Weisberg has initiated action in U. 5. District Court j to have stricken an affidavit executed by Special Agent John W. Kilty. Among the numerous reasons given are two which are discussed in this memorandum. The first concerns the "microscopic study” referred to in the last paragraph of page two of the attached Hoover to Rankin letter. Weisberg contends that this "study" was not furnished him. Weisberg's requests by letter and by personal interview were limited to the spectrographic analysis of lead smears from the curbstone. The Laboratory has available a single page worksheet prepared by former SA Lyndal Shaneyfelt concerning examinations he made which may be applicable to the "microscopic study." This page is enclosed. The second reason concerns the fact that Weisberg was not given an FBI Laboratory report dated December 5, 1963, which contains the results of examinations on the clothing of the President. Weisberg did not request this report. He requested the worksheets and notes concerning these examinations and he was furnished these worksheets and notes. According to Mr, Marion Johnson, U. 58. Archives, the results of the Laboratory examination of the President's clothing are set out in Commission Document 205, pages 153-154. This is available to the public. ACTION: None. For information only. JIWE:jc (6) 1- Mr. Blake, 4706 JB, with enclosures 1- Mr. Bresson, 5448 JEH, with enclosures Enclosures MW 54999 Docld: 32989522 Page 363
<a REV.. 5/9/75 . swctnees | ae FEDERAL BUREAU NVESTIGATION Pa LEGAL C EL wv CSP, 1995 Director Miss Devine “Mr. Callahan Mr. Herington « Miss Murphy “Mr. Jenkins -’ Mr. Bowers ; “Mr. Adams _ Miss Hughes Mr. Ash _. Mr. Hotis “Miss Kircher “> Mr. Bassett “Mr. Daly ~__Miss Weaver “Mr. Cleveland Mr. Dennis ~~"Miss Goselin “Mr. Cochran - Mr-Miller | ~~ Miss Scott “Mr. Decker ~~ Mr. Taylor ~~ Miss Ellis ~___ Mr. ‘Gallagher “Miss Yoder “Mr. Gebhardt “Mr. Olmert — “Mr. McDermott Mr. Peterson Mrs. Craighead “Mr. Mintz — —_ ~___Mr. Mooney Mr. Donahue Mr. Donelan, Quantico “Mr. Moore “Mr. Blunt Mr. Boutwell " ~__Mr. Walsh “Mr. Davis “Mr. Burke " “Mr. Wannall Mr. Laturno Mr. McLaughlin " ; ~__Mr. Rissler " Mr. Brownfield Mr. Sarhatt ~~ ~_Mr. Coleman Mr. Blake - See Me, Please ._ | Mr. Reed Mr. Schofield “Call Me, Please “Mrs. Metcalf — — ___Mr. Malfeldt Note & Return Mr. Still, 6139 IB Rosin 79) PI? fobe Room 5531 For Approp. Action Corres. Review ____Teletype Room “Place on Record & Return ; : ° Legal Counsel ROOM 5640 ate POT X2Ye/ S106 fer , Z } ba 54999 Doold: 32989522 Page 364
. . “om “ i . > . ’ 10 i ! » > is further corroborated by the reference to these tests made by Warren Commission General Counsel J. Lee Rankin at the Commission' January 27, 1964, executive session: " Now, the bullet fragments are now, part of them are now, with the Atomic Energy Commission, who are trying to determine by -a new method, a process that they have, of whether they can relate them to various guns and the different parts, the frag- - ments, whether they are a part of'one of the bullets that was broken and came out in part through the neck, and just what par- ticular assembly of bullet they were part of. e They have had it for the better part of two and a-~half weeks and we ought to get an ‘answer. [See Exhibit F to the Complaint] . In addition, I also have reason to believe that other NAA testing should have been done after May 15th. Yet I have not been given any NAA testing done after that date. 29. FBI Director Kelley's April 10, 1975, letter to Mr. Lesar, a copy of which is attached to the Kilty affidavit, states that the FRI has responded fully to my recuest for the spectro- graphic and NAA testing. Director Kelley's letter also lists the NAA~tested items on which I have been givin "irradiation data and calculations". This List+ does not includ: NAA tests performed on | the clothing of President Kennedy or Governor Connally. Yet Special Agent Kilty's affidavit states in its seventh paragraph that: "Neutron activation analysis and e: mission spectroscopy were used to determine the elemental comp: sition of the borders Mame Santee NE tnt toe eNOS TERETE ee RTE me MRR © epee SERRE Ta HETEIEE RICE Often SRE RUne NT Shrneeernansepeyten eee poy arte dnbanieh a/nsinelamin nant yrnirnitine $4 eration By wi whi demrtraspannremsamiemneratsinumemrevenenetth - a arene given any NAA testing of any clothing, Mr Kilty's affidavit is + epee at tremeee os, and edges of holes in clothing..." Be :ause I have not been false and deceptive. It also contradicts Mr. Kilty's and Direc- aecmeee sa ennenens tor Kelley's assertions that the FBI has ‘fully complied with my request, for the NAA testing. I believe t:is court should address itsel£ to the question of perjury. é Sububeatusssnarcmsaintemannen verr-sudcmanm > a.sosnes20 ‘page 365 . ae “ _}00 ure TARE = 5 et a
NW 54939 Doold: > . . armies anna Una RE ESRI SS peepee arent rots rant inae waived my claim to .the neutron activation analysis Quaa) of the .o clothing of President Kennedy and Governor Connally as is sug- gested by the wording of paragraph 4-b. —_———e* terials listed by Agent Kilty in paragraph four and then states "All available data relating to the above consists of 22 pages | ; | | also furnished Mr. Lesar by SA Bresson on Harch 31, 1975." Unless there has been Gestruction of evidence, this is false. For’ example, one of the documents given me is a partially masked copy : (25;) veragrorh five of the Kilty affidavit refers to the ma~ | a letter “Exom J. Rdgax Hoover to Warren Commission General Counsel J. Lee Rankin. “Attached to that Tetter is a laboratory work sheet which reports that “small foreign metal smears" on a 4 | | piece of curbing "were run spectrographically (Jarreli~-Ash)". I | have not been given this spectrographic testing. Nor have I been given the microscopic study referred to at the bottom of page two of this same Hoover letter. Similarly, another document provided | me refers to a lab report apparently dated S123 163". { have not | been given that report either. , | Nor has the FBI “provided me with all the materials re- lating to the neutron. activation analyses which were made. All “| the NAA documents which I ‘have been given hear a date of May is. However, in his January 10, 1964, letter ta Mr. Rankin, FBI Direc~ The FBI Laboratory is well acquainted with the analytical technique of neutron activation analysis. Through arrangements - worked out with Dr. Glenn T. Seakorg, Chairman of the Atomic Energy Conmission, work is already in progess app lying this technique to certain phases of the current investigation. [Emphasis added. See. Attachment D] tor J. Edgar Hoover stated: an . . | From this it is evident that NAA test ing was performed long befor an the May 15 date on the documents which the FBI has given me. This i | S2989522 Page 366
“ * x a OS, . y i a ners tment fod j he bedn given the microscopic study referred te at the bother of page two of the same Hoover letter. “Nox the lab report, ‘Gated’. Lee > 1 42/5/63. which is referred to in another docume mit given Mr Weise oe . “ ial a berg. [See Weisberg affidavit, paragraphs 2 26 6—28) these Bi ae won SS wed tol withheld documents contradict the claim ae fall compliance when rte tHe. Waisberg's request and ‘ghow thet the ‘nffida vit of Special, Accord taghye the Rilty affidavit shor ld be 3 ’ 2 tN . tL ’ a j | | | Rilty was not submitted in good fais ich. | ae : | SAE Pees Respectfully submitted, | | ORES ees a CESAR 123! ourth Street, &. #. Vas. ‘yngton, De Ge 200246 Attusney foxy Plaineit? a - ° , * : 7 . _ CERES RELETCATE OF SERV "CE oye é ms hereby ‘certify that I have , this 3ri day of June, LOTS, nailed a copy , fcr: the foregoing Hotien to :crdke Affidavit of Solr | we Reiley coqather with the Memorand him of rad ints and Ruthoritias, | - i proposad ordex, and attached affidavit of Warold Weisberg to Assistant United States Attorney Michae el .e Byan, Room BALL , Unites States Courthouse, Washington, D. C. 20 01. Me | é . ey nytt. . L . . . wba : . “oy, ee S oe | WW 54999 Docld: 32369522 Page 367
a na ita aknae Pred nati Ate RAR on ee te Ripe bas AE vor de ale eae ea ASE SAC CLAN alee Wet. ated oc ras \ ae re eres SS mia patna aA Rash ol, oa Pat te ayela dey of Ra aot beers h 2 1H me WE “he ANE Anh oe RA go ry coy wre * os) ary Fer a ance 2 ‘z Ey . ties "ad en a nae aaa te ot ’ i wae a iad 0! Sich eattataunloe iran Snes Lidia Ra wutias * an as . rs ‘ference gome of the tests which war Knowledge. te abvieus: hecause Agent Frazier does chee has been fall compiiance with Mr. Keiisherg's vequest without . coam ttang perjury {See WeLaberg affidavit, paragraphs ag~3h} | + he content, of the Milty affidavit 328018 provides additlonas 4989 Doold: 32569522 _Page 368 of Harold Weisberg mahe the bad falth nature of this aftdaew se ou 14 con- guite clear. Special. Agent Kilty wag present at the Mar arranged go the FRI could offer Nx. Weisoerg matexiele he had not asked for rather than give him what he had requested. At that conference Me. Rilty had to turn to ¥BI Special Agent noher Frogiex for answers to questions raised by Hr. Websberg. Reon’ Frazier dses have personal knowledge of what tests were son inered on the items of evidence specified in Mr. Veisberg’s 1 fant, Agent Frazier, who is etLll on active dwny with a a Oo Fas {2 Eis tt * 3 ks rm ified before the Varxen Commission about e conducted. Fa could execute A VOT | afliGavad: ainee he Goes have pe sesonal knowledge of the texts pers ForMed, « Yet it 28 Agent Kilty, who does nee alain § such oe BOG d | who has been used to execute ele af ot a om ons Poahed ud a ute aoa PO Stayer ¥ 2 ARS 2GX Bars YM LEGO as the tasEs conducted, he could not @XxeCULG on 2 evidence that:it ‘was submite ed in had ¢ fade for exar ‘ geaph five of that affidavit estates that ‘e Weisberg hag bac “gisren Yell available da ta" relating ‘to “evidence tietced in paragraph four. Uniet? evidence hag bean ae~ ‘gtreyed, this is false. this is shown by internal evidence = those documents which the FBI has given 2 le Weisberg. Ateachsa the August 12, 1964 letter from FBI Direc ox 3. Edgar Hoover to ‘Warren Commission Genexal Counsel 3. tee fankin is a laboratory work. gheat which reports that “omell forciun matel smears" on & piece of curbing ‘were run spectrographic ily {(Jaxsrell-Asij " BOs 2 ‘ @ iupbic testing. - Nor ; . ' Weisberg has not been given this spaccre ys a * 4 _
UNTPVED SLATES DISTRICT “COURT FOR WIE DISTRIC? OF COLILDIA * * e ° e . e 2 * * * a . ° 4 © 3 “4 * ry € n 2 “ ® * > * » * ° 2 “ & ‘HAROLD WEXSBERG, Plaintiff, , A. es BS DEPARTHENT or Be and ee eres weg te NT tee a rete Tap S a 3 ae See ees 5 wt Se re pees te lestay cl “ee . Dr ge rr ea ET hr et alae 2 ACR ee 0 2 an Ra IETS UT -2 4 we maf ar) ran] < be ey 7) 293 ad GH SY RESKSARCH AND DEVED- OPMENT ADMINISERAL LON,» oe “ we ! + ’ 3 , Se eh AO va 68 48 o% de FR mR G8 OF ER RS a4 az BE oO pagendants . Mae a MER ORR _OF POINTS AN ALUIORI TEES planarenewtacteens Be Sal Sh Ne ee mth a ni a wm: i : "s. _ “: “ . ee) ~ ’ | . Pay 3 : Counsel fox the defendants has submited an affidavit by PEL iH 7 , . 4 . “ i: gpecial Agent dohn W. Kilty in support of iis assertion that the FBX hag ally complied with plaintiff's fx . qrest for all spectrographic and neutron crtivation analyses AnG othes salentific tests conducted on specii .ca iteme of evidence ts pertaining to the shooting of President dem Ff. Kennedy. “However ‘this affidavit dees not recite facts whicl establish that Special f  . Agent Rilty has personal Knowle age of ait he tests which we exe co tle EST a ae ER aaa ON gC Le i heh Dalek Raa I aria SE Resa ae Oe . . . oo . 7 . rad ‘ ducted. Nor does Agent Rilty state in hie . affidavit that he has ns Seomennee searched ‘all, of the relevant files which wo ght contain info mabn1oa by plaintice oy how in the absence of pers nal knowledge of ald tre es ey -tests conducted he could Locate and search 211 of the relevant arte COS eA Ae TIO ULEETT GE SATIRE A? : . . . ‘ files. [See tha attached affidavit Of plr atif?. Harold Weisberg, especia ally paragraphs 30 and 31] Z ; oF, Fi . . H . The Kilty affidavit must ba stricken acauge Lt was not sub- t . , had * ~ , f Ka 7 4h hinitted in good £aith. The facts recited 4 the attached abeicuvs f Y z . " , . } | , | i ‘ | | 4. . i iy 54999 Dooid: 32989522 Page 369 YY so es a - sO ome ~. ran
Ww 34999 Doold; UNELED STAPES DLGUIRICT COURT FOR THE DTSTRICT OF COLUHBIA aooe ve Or whe sae ee wee Ev neeoevge nko e Hee et Oo ‘ HAROLD WEISBERG, as A ‘ . a : 7 * to. _ vet? . : ~.* .- , eae . . . at ee t . SINR ET Re ARE RENEE UREN RtET = ceanemmetnipe ; he UNLTUD STARES DEPAL REMENT OF SUSTICE, and U.0.. ENERGY RESPARCH AND DEVEL , OPMEBHT ADE tt LETRATION, to ft Bh eh on ok ap OH 6h Py 28 42 we 6F ey, "PD ate ndante: er ee ee ee ee ee ee ee ee wv 5 "~ is epee OS FOUN We. EEE? re nee, ~~ PLAintiff wevea the court to strike: ‘the af rht of FRE SYa 4 Special Agent Joann W, Kiley on the grounds that it fu not Weer ony personal knowledge, does not comply with the court's dixeet Saye a4 that such an affidavit should cespond ta plaintiff's interroga~ t ; E i t | , t | MORLON EO STRIRE AFFIDAVIT oe | i [ | : torles Se and wag aubaitted in, bad faith. mo. ae “A u enorandan of Points and Authorities and & counter af thdavilt Of Harold Neisberg are attachad hereto, Respectful: ‘y submit ted, ve : ; URuES 2) aa Au LESAN ee . Has sha: atone De a 20024 | ; a Te, Agtor: sy for Plaintifé | i i . t '
| ww 54999 Doocld: 32989522 Page 371 ‘_- ®@ & Legal Counsel PREEDOM GF INFORMATION ACT (FOIA) REGULGT OF HAROLD WEISBERG For your information, it will he recalled that VWelsberg recently reinstituted a civil suit to compel production of Laboratory dacuments pertaining to sysetro- graphic analysis examinations conducted in connection with the assassination case of President John F. Kennedy, Weisberg and his attorney, James H. Lesar, subsequently met with representatives of the Legal Counsel and Laboratory Divisions at which time the scope of his request was identified and the documents to which he sought access were described to hin. It was agreed that production of these documents would satisfy his request and moot the pending Civil suit. Requested information and documents have been furnished Mr. Weisherg and his attorney. Mr. Michael Ryan, Assistant United States Attorney (AUSA), District of Columbia, has now furnished coples of interrogatories (attached) directed by Mr. Weisberg's attorney to the Department of Justice and the United States [nergy Research and Development Administration (CRDA) regarding additional dats not previously obtained by Weisberg durine various steps of negotiations. Mr. Ryan indicates this matter has been set for 4 repeat status called by Judge John H. Fratt, United States District Court for the District of Columbia, for 5/21/75. dJudre Pratt expects our affidavit along with ENDA's affidavit showing compliance with Welsberg's FOIA request prior to 5/21/75. We. Ryan suggested that our reply ta the attached interrogatories be answered generally in our affidevit as ha will request the court toe moot the pending civil sult on basis of our compliance with the FOIA. This matter has been L ~ BE e Cochran L - Kr. Kilty 2 - Mr. Mintz 1 ~- Mr. Sarhatt Losisy | (CONTINUED - OVER) -
Memorandum to Mr. ¢. B. Adams Re: Freedom of Information Act (FOTA) Request of Harold Weisberg coordinated with the Laboratory Division and the Legal Counsel Office has discussed this matter with Mr. Jeffrey Axelrad, Department of Justice, Civil Division, and the aforementioned Mr. Michael Ryan. There is attached to this memorandun the affidavit of SA John W. Kilty. EnélLosures RECOMMENDATIONS: That the attached affidavit ba approved and thereafter be hand-carried to AUSA Ryan by representative of the FOIA Litigation Unit, Legal Counsel Office, in an effort to comply with Judge Pratt's wishes for an early determination of this matter. Also a copy of the affidavit will be hand-carried to Mr. Jeffrey Axelrad, Department of Justice. NW 34959 Doocld: 32989522 Page 372
+ +2 Me eae e emcee to an ee Sey tt renee eremenrer entree reat Satire MeN ae se NER RN | Ww _— See ee Hie Eve ice es NW 54539 Doold: 32989522! i : UNITED STATES DISLRICT COURT . “NL POR THE DISERICT GE COLUMBIA ; , Meme 7 ~ 7 ; - . = ._ . j te SEMA F eA KHeKREKSEH HHT eDETSHEH HO BAKAEE ” a “s %, *. ~ FRROLD WEISBERG, ‘ . ont Plaintif£e, Civil Action Ho. 75-0226 we ne vd 40 03 ce G0: 0e 28 OR oe OF 20 bk Ot Mh 8k adex zal rules Defendants . i wd etocnerasuoerecesecwroessererseuern ’ od . - i - t | PLAINTLIER 'S FPIASY SET OF INTERROGATORIES TO DEPTINAN AL UNE EED STALLS DEMARIMERT OF GUSTICE Son panes — _— | | { { tiff addresses the following interrogatories to defendent United Dbepartnexnt of Justica: . 1. What are the kinds of tests or examinations, physical, ghemical, tilerescopica or otherwise, which would normally be con- cormine: or not bullets or bullet trace ments have a conmon origin, or 5) which baullats oz bullet frag- ta? mencs stixuck which nergonu3 of abje . 32 2. Ara there any additional tests which coulda have been used into the assagsination of Fresident Kennedy in the investigation to help make these determiaationa? If sa, whet aro trey? 3. Which of ths tests listed in response to the above inter- evidence: portaining ta taining to tha on of President Kannedy ak complerce 4.3 Page 372 .
7 ° e a ab onId: 32989522 *» they conld have been? 5. List all itens of avidenca having to do with the chooeinag o£ President Kenncdy or any weapon used or allegedly used in the shooting, including any and all bullets or bullet fragments and any objacts struck or allegedly struck by bullet or buliet frag- ments. Give the following information with respact to these Ltons of evidenos: {a} the tvpe of tests rerformed on aach such item of evi- dened: bh) the date or dates on which cach sach item of evidence was Sen teste’ and the nama ef the laboratery in which the testing was done; {e) the name of the person or persons conducting cach such test and the namas of any other persons present during the test~ : . . . i Lng: (Ay © atherwise, in which the sons listed in response to interrogatery S{c) were present at such testing: and and enmploynient of each person named xy 5{c}. whtn = {a} the current addrags in response to inberro 6. List all conrenpondence recpect ¢ oh toasts which ¥ 2 “ Warren Commission, includ~ was exchanged betwaen the PSI and the ing the Comuitssion's Chairean, Earl Vvarren, its General Sounsel, J. Lao Rankin, ox taar of the Commission's staff. Ve any TROT List all correspondenua with respact to such trots which ae pils apere oo THAT mt I~ ey 7 ¥ was exchinge? bohvean PRE and the APC. 8. What are all the chemical componanta of the bullet [EnZ99} alleqedly uged in the murdex of President Kennedy? a ~~, he 4 . - », ced Soraleal congements tested in enca of 9, Wera all of these c hesesneeiaenenaeetimniatetahetentnntediesnerlicmmeneatmemendinalteinmmeshanemnetenrenemmaceraannemerortinetaneeenenan eee ae S the teats made? If not, why not? Page 374
HW 34999 Doold: 32969522 10. What are the normal standards and procedures for con- by ucting neutron activation analysis? ll. Were the normal standards and procedures followed with respect to the testing and analysis of items of evidence pertain- ing to the assassination of President Ketinedy? 12. Unéex normal circumstances, who decides what is tasted? 13. With respect to the agsassination of President Kennedy, whe decided what was tested? 14. In subjecting evidentiary specinens to neutron activa- tion testing, is it normal to make a fall and complete tabulation of the results? In this case, was any such tabulation made? I£ 30, was it complete? 15. In making a neutron activation analysis, is it normal - to reach stated conclusions as to whether the various evidentiary ‘llspecimens are identical or different in chemical composition? 16. Were any such stated conclusions wade with reapect to the ltems of evidenca tested by spectrographic or neutron active- tion analysis in this casa? 17. Were full and complete results of the spectrographic and nevtren activation tests civen to the Warren Commission? D114 the Warzen Commission ask for then? 18. Were full and complete stated conclusions as to what the tests showed given to the Warren Commission? Did the Warren Commission ask for then? 19. Was the neutron activation testing done on any items of evidence in the Kennedy assassination other than the paraffin custs and the five Commission Exhibilts--CE 399 (Ql), CE 567 (02), ce 843 (04, O56), Ch 842 (0S), and CE GAO (Q14)--mentianed du the April 19, 1975, letter fron FBI Director Clarence Kelley to lr. demas HW, Lesar? - 20, £ ‘the answer to interroygatory number 12 io affixmative, woat are the other items of evidence which were subjectad to Page 375 Ditarlieonmtetcenacntantienastntntetite ae seotenmereeemneneallt ater iemeeetaenenmmeen test)
54999 Dooid: 329895232 | 2i. If whe answer, to interrogatery number 1L2.is negative, why ware the folloving items of evidence not subjected to nautron {a) CH 141, the live round found in the Manniicher-Carcanc rifle which allegedly belonged to Lea Harvey Oswald and Tired the shots which kilicd Brasident Kennady? {b) the clisthing of President Kennedy and Governor Connally 4 struck by or alleged to have been stxuck by bullets 2. {c) the curbstons on the south side of §. Main Straet east Of the Triple Pnderpazs which was strach by bullet? {di} the bullet fragmant which is PRE Laboratory Runbker Q3? 22. Under nermal procedures world the sesulta of the spec- trograshic oz newtron activation analyses ba recorded and verifica by someone others than the person conduct ting the tests? a procedure followed with respect to the itomn of evidence testod by these techniques in connection with the investigation into President Kennedy's assassination? 23. Was a full and complete comparison made betwe gen the . | C8) Chemical commasition of CE 399, the bullet which allegedly wd vouuied both Presidank Kennedy and cevernor Connally and {a} the mt commosition of the metallic traces on President Kennedy's clothing, {b} the composition of the meteaklive traces on Governor Connally's ay clothing, ang (o} the composition of all fragments removed fron 24. Was a £311 and complete comparison made botyveen the chemical cemposition of the bullet fragments recovered from Frasi dant Kennedy's head and (a) tha comnosition of the sveepings fx aa the vindshiclv, and {b) all five fragments round im the car cvactet two €ifferantk searches? Page 376
& ,. p ” " r ) t . « ! ‘ 3 25. Wes a full and complete comparison mada between the Chemical composition of CS 399, the bullet vhich allegedly wounded| both President Rennedy and Governor Con snaiiy and (a) the composi~ tion of CE 141, the bullet found in the Mannlicher-Carcano rifle, le and (bh) a22 other bullet fragrents? . Please note that under fule 33 of the Federal Rules of Civil | Procedure you are required to serve ween the undersigned, within \ 30 days after service of this zetice, your answers in writing and ; * under oath to the above interrogatories, - Wey pee pemeieee et Ghhie HLSAN LGSAR CORRIPICERE OF SERVICE I hereby cex ced fy that service of the forecoing hag bean made Wpon the defendant United States Department of Justice by de~ livering a copy thereof to its attorney, Asairtant tmited Statas ‘ * Attorney Michacl J. Ryan, on this 2nd day of May, “1975. SOLER SE SOY eT ME ATONE aMe $ war se oe JANES ULRAH LESABR | NW 54999 Docld: 32989529 Page 377
. 1 * - ; . ; f a a * 7 YY : | . - . ® wt: . a oa ; oe - Se UNITED STATES DISTRICT Coun .- a FOR THE DISTRICT OF > COLUMBIA , | - - ~ ; og Pd —- . wi. : . A eRe rece d ana wecceneaereeancesensoas : a ms $ BAROLDS WEISSERG, 2 . 3 Tae “Plaint eitt, cS : v. ¢ Civil Betion No. 75-0225 ; 3 lt GHXZED oT) ATES DEPARTEENT OF z . : - a , . . “Us. ENERGY RESEARCH AUD DEVEL + : , i - OPNE: 1st ADMENTS PHATION » 2. - e oe Defendants : : R CMinb goa ecsnececonevccesseaesed eres . ‘e . . L. an ro fe | ‘ * PIAITIEE"s & FIRST SET OF DPIBAROGATORIES’ FO DEPLNOAIT | \ te . Us Be E S. ENERGY RESRAECH AND DEVELOPHENT ADAINISTRAT oH | ce ee ee a eam Speer eeeerecenaamemmpnrine shenenhe Hie anette Salant H t | | I a | ; “Bader Rule 33 of tha foileral Rules of Civil Procedure, plaiaty . th£f£ afdivesses tha following interrogater mies to defendant Unitad | : States Energy Ressurch and Nevelopment Administration: 4, Bigt all dtess of evidence tested by the REC or at any ‘ AES facility as part of the investigation into the assassination | - : i “ : of Presigent Konnady and givs the following Angerma tion with | , respect Rhexetos . | . ta} the tyge of tests performed on each such dtem of evi~ | dence? | (bh) the date ox dates on vhich each such tiem of evideanca ! was tested and the nama of the lahoratory in which the testing wag {c) the nena ef the parson or persons conducting exch such | 7 test and the names of any other persons present during the test~ ing: . Ww fl 3 : | . {a} the capzeity, official or othervise, in which tha peraong NW 54999 DoclId:32989522| Page 378 —
satme oe Ww NW 54959 * a ry ‘ x. . ' i . Py ‘ 2 Hastings and mot ; Pa 7 . - {e) the current address and employment of gach person named in’ zesponse to intarrogatery Ie). - ae ; 20 List all correspondence with ‘respect to such tes ts whi teh | wag: exchanged betwean the AEC and the Warren Comaissicn, inch uding eee the “Commission's Chairman, Bark Warren, tts General Couns al, te.” Yee Rankin, exc any momber of the Copaission's staff. 3. List all corresponcende with tespect te such tests which was exchanged batveen the AEC and tha PRE. ; ee : 4 List all correspondence with respect to such tests wate i - . J was exchanged batwoen ‘the AZC and auy Zorencie scientist, oxi inainal- roar ‘ist, or other scientific expert. 5. Under normal procedures would the ARC keep records of || ae ‘gasts perfor nad by the. st ox at an AUC facility? vere necords wot . i kept by the REC of all such tests which were ‘gonducted as o2k3 part of moe | the investigation into the assassination O£ President nenneay? Pd os Ge) Bhak statutory provisiemor administrative regulations, | , t£ any, require oz govern the keeping of recortis of sueh tests. as! _Were performed as part of the invastigaticn into President”. - - ae | Remnedy' 3 asaansination? a qs - Attached hereto is a copy of a February 14, 1875 Letter fron ur. Bertxam H. Schur, As soclate Coneral Counsel for ERDA, “which states: Thea information contained 16, 3974, Lether was posed RY viea wa Gcoteained from the former = EBE adent who paxticipated in the work daseribed. He now acvisas that, in etd. tion to the analyses . task ef pavaidin gactn mention sd gm ¢iist letter, ae ~ -nautron aetdracion analvean of bullet feaq~- i ve ‘ - ments were perxvormad at tha Oak # idiga tational ae --. + Laboratory (now tae Holifice i@ Hational Labo Oza Pt ; tory). Docld: 32989522 Page 379 —_ 7 nr
(a) Who is the former FBI agent referred to by Mr. Schur? . (b} Was his advice to the AEC or to ERDA stated in writing? 4 . : . bee yA 8. What are the normal standards and procedures for con- { {> _ jAucting neutron activation analysis? H ‘ : 9. Were the normal standards and procedures followed with regpect to the testing and analysis of itens of evidence pertain-~ ing to the assassination of President Kennedy? ” . lo. Under normal circumstances, who decides what is tested? | '- if 2. With respect to the adsassination of President Kennedy, ne no decided what was tested? 7 [: - . 12. In subjecting evidentiary specimens to neutron activatioz ; testing, is it normal to make a £ull and complete tabulation of “| . the results? In this case, was any such tabulation made? If so, vas it complete? . . . 13. In making a neutron activation analysis, is it norma to xeach stated conclusicns as to whather the varicus evidentiary .- io specimens are identical or different in chemical composition? . 14. Ware any such stated conclusions rade with respect to the items of evidence tested by speactrographic or neutron activa- tion analysis in this casa? # : 15. Were full and complete xcesults of the spectrographic and . |Inewtxon activation tests given to the Warren Commission? nid the Warren Commission ask for them? , 7 16. Were full and complete stated conclusions as to what the + Q i) ct a Q 2 @ sy Q @ ® 3 ct Q + x ® s e fa] K 9) 4 Q g 5 f sad 17) to hy on? Did the Waxren | | Commission ask for them? 17. Was the neutron activation testing done on any items of evidence in the Kennedy assassination other than the paraffin casts and the fiva Commission Exhibits--cf 399 (Q1), CE 567 (22), | w CE 843 (G4, Q5), CBE 842 (09), and CE 840 (Q14)--mentioned in the NW 34999 Doocld: 32369532 Page 360 ; | a a ~ ‘| 7 oo TT
ney at . eee Ae oy ee ee eer anaarinpninane Heaneanetenng fans tarmnrnah caress betetretntai.| ‘ | HW 54999, Doold:3299952@ Page 361 e. - @ April 10, 1975, letter from FBI Director Clarenca Kelley to ur. James H. Lesaxr? 13. Ef the answer to interrogatory number 12 is affirmative, what are the other items of evidence which were subjected to” neutron activation testing? 14. ff the answer to interrogatory number 12 is nagative, why were the following items of evidence not subjected to neutron activation testing: . (a) CE 141, the live round found in the Mannlicher-Carcano xifle which allegedly belonged to Lee Harvey Oswald and fired the shots which killed President Kennedy? (b) the:clothing of President Kennedy an@ Governor Connally Struck by or alleged to have been struck by bullets? . ‘te) the curhstone-on the south side of S. Hain Straet east cf the Triple Underpass which was struck by bullet? ; ’ 3? > x. (a) the bullet fragment which is PRI Laberatery number Q 15. Under normal procedures would the results of the spec- trographic or neutron activation analyses be recorded and verified by someone other than the person conducting tha tests? Was such a procedure followed with respect to the items of evidence tested | by these techniques in connection with the investigation into President Kennedy's assassination? Please note that under Rule 33 of the Federal Rules of Civil Procedure you are required to serve upon the undersigned, within 30 days after service of this notice, your answers in writing and under oath to the above interrogatories. | i " JANES HIRAM LESAR | { |
CERTIFICATE OF SERVICE I hereby certify that service of the foregoing has been made ne a? upon the defendant by personally delivering a copy thereof.to its attorney, Assistant Unitad States Attorney Michael J. Ryan, on this 2nd day cf Hay, 1975. JARES HIRAM LESAR Wi | NW 54999 Docld:32989522 Page 382 ° , is t _ Mo ”
A) NW 54959 Docld: 32989522 Page 353 ast roo. " ar of an . ER ete rile! iF * <e,. se ty 4. Siveawat Pariser ee Vi # tye Sys eee kt veh ne yee eet a tle he DG ee 7 wh Lr’ UNITEO STATES ENERGY RESEARCH AND DEVELOPBT ADMINISTRATION WASHINGTON, D.C. 20545 February 14, 1975 James H. Lesar, Esquire 1231 Fourth Street, S.W. Washington, D. C. 20024 ; Dear Mr. Lesar: Please refer to your November 11, 1974, letter and subsequent telephone | conversations with Ralph Goldenberg of this office regarding work _ performed by the Atomic Energy Commission in support of the Warren Commission's investigation into the assassination of President Kennedy. * ' The tnformation contained in my October 16, 1974, letter was based primarily on advice we obtained from the former FBI agent who participated in the work described. Ha now advises that, in addition to the analyses _ of paraffin casts mentioned in that letter, neutron activation analyses | of bullet fragments were performed at the Oak Ridge National Laboratory (now the Holifield National Laboratory). As in the case of the paraffin cast analyses, the bullet fragmant analyses were done for the FBI and with FBI participation. We are advised that neither AEC nor ORNL prepared any report on the results of the bullet fragment analyses. However, we understand they yielded no meaningful information additional to that provided by the emission spectroscopic analyses of the fragments done at the FBI a, Laboratory. po For further information on the results of either the neutron activation analyses er the emission spectroscopic analyses, we suggest you contact the FBI by writing to Clarence M. Kelley, Director, Federal Bureau of Investigation, Washington, D. C. 20535. . If you believe we can be of any further assistance, please do not hesitate to contact us. Sincerely, 2 +) Se Bertram H. Schur _ Associate General Counsel + meneame eR wee ~ canes as Bae, tae ” + 8 eee. PERN TILT oe tT 4 reoer « . oo Cs ca ee oat tees r c; “1 AMO VQ eps + . ee, ees wn peme 4 Ee . ran) 4 « cere BPTI TIS SRT a Mer
°" “gureep grates DISTRICT CORP , FOR THE DISTRICT OF r COLUMBIA :: "HAROLD D WESBEAG, | | “Platntist, - | UNITED STATES "DEPARTMENT oF TosrTCD, et aby es “Defendants os Pg oa - ARFIDA In 7 aa a 1, “Jolin Ws rity being duly: sworn, “depose: as. , follows: oo 1. “I am ‘a Bpecial Agent of the Federal Bureau. of | - tnvoattgntton (FBI) assigned to the Laboratory Division ‘of the os BB, Washington, De Cy ‘in’ a supervisory capacity. | . | 7 have personal knowledge that Harold Weleberg — directed a ‘Freedom Of. ‘Information Act request, to the FBI for me ‘documents relating to: spectrographic. and neutron activation analysis examinations conducted in the John F. | Kennedy , aesegetnaton. cage. OBe “On March 4, 1975, ‘I was. present at a meeting wht ur. Weisbere, his. attorney, Mr: James H. Loser, and two. “other representatives ‘of the: FBI,. Sas Robert: Ae Frazier and - oo Thomas Hs Bresson. ‘the: “purpose of this meeting was to. Aaentity 8, specifically the. scope of ur, Weisberg’ $ request since he ‘had | Beg folowing: ° "been. advised: that. all: final ‘reports with: regard to the requested data h had been furnished to. the Warren Commission’ ‘and are available . to the public, os a ae ae we , Me (at. this necting ur. Weisberg requested rae ok Specific spectrographic « and neutron ‘activation | ‘material which consists: of: tables and pages with results of “5 readings, representing examinations of metal fragments, from the bodies of President Kennedy and Governor Connally. be Spectrographic. analysis: from the areas on | “the: clothing of President Kennedy | and Governor Connally where a “the bullets may have passed.
ce <Avallable material relating to examination of the windshield of the President's antomodile and examina~ tions regarding metal fragments from the President's automobile. d. Laboratory examination data which may be avallable regarding testing done on a ecurbstone near the crime scene. 5. All available data relating to the above consists of 22 pages also furnished to Mr. Lesar by SA Bresson on fareh 31, 1975. & I have personal knowledge that Mr. Lesar thereafter advised the FRI's Freedom of Information Unit that Ur. Weisberg had intended his request as defined at the meeting of Mareh 14, 1975, ta include certain data which was shown to him at the close of thet meeting. Thig material, consisting of 54 pazes of data and results of neutron activation examinations conducted on certain metal fragments from the body of President Kennedy, the stretcher, and the Fresident's automobile, is referred to in a detter from Director Clarance M. Kelley to Mr. Legar dated April 10, 1975, and attached hereto. All this material was furnished to Mr. Weisberg by letter from Director Kelley to Mr, Lesar dated April 15, 1978, a copy of which is also attached. 7. With regard to the interrogatories submitted by Mr, Weisberg, the affiant, states that the FSI Laboratory employed methods of elemental analysis, namely neutron activation analysis and emission spectroscopy. Neutron activation analysis and emission spectroscopy were used to determine the elemental compo- sition of the borders and edres of holes in clothing and metallic sicars present on a windshield and a curbstone. 8. I have conducted a review of FOI filles which would contain information that Mr. Welsberg has requested under the Freedom of Information Act. I have had compiled the materials Aw §S4999 Doocld: 32999522 Page
Lo “wate hi have been furnished to kee toleborg through nis attorney, oS ie. Lesar. “the. Far files to the bost of ny: knowledge co not | _ dneluge any, information requested by te. Wotsborg, other: than | oe the infornation nade avattebie: to hin. oy Enelosures ro oe * rr 7 - Jonn- We, Kaity 7 . ...: Speeial Agent. . i." Federal Bureau of f Investigation _., Nashingtons, Ds + Es, . Before 2 me this - | day of" J 1975, affiant a oe 2 has appeared and signed this affidavit a Bn having sworn that the statenents therein: ‘are “tre. wy a ue | My commission expires __ ae We eye Ok wt
& . ~ Se fi t. 4 - wok: x - . ~- rane a es . : » ra . - + > . ~ . . . . . . . nan < % “ o ~~ en . a? 5 a” : . * eo . -” * ‘ y . ‘* ~ £ . - —— @ v . . ” - ~ 6 ~ . ~ ee > ay oe ’ = wos 2 al - . . ~~ 7s . ~ - . ~ . . .7 ad “e ‘ ” ~- aan . - 1 . a “ e ’ 3 ' ~ ° * - = ~ . ~ ae . - - “ * - ad wt * . . > » x i . . . ~ 4 . . a ce - apeil 10, 1975 3231 Fourth Street, 5. Ne oe Washington, 2. CC. 20024 * a 7 Fo, oat C7 wan ttihe, neal ie, bE Dear Mx. Lesar: mos whic is in regard to fr. Horold Hvweisberd's sO : request under the Fraedom of Information Act (FOIA) for laboratory data concerning the John #. Xenaady assassination fnvestigation. In accordance with your request expressed in a telephone conversation with Special Agent Thomas i. Bresson on April 3, 1975, Zor additional data xegarding meutron activation testing, I wish to advise ws hava cenmpiiad 54 pagen of irradiation cata ang calculations used ia nantren activatien analyses of tas following: . + temp meweerpat es nee pwrtiee Coanizsion Laboratery Exhibit inusber vanber Dasoription Cr 353 - qq. 7 Bullet from Stretcher Cz $67 Q2 Bullet fraquent from ° oo, front ezat cushion CB ¢3 Q4, 93 — Metal fracments fron President's haad CZ 842 Qs Metal fracmont from arn of Covernor John Connclly cz 340 Qis twThree etal fradcnents ° | recovered from rear floor toard carpet ; ° ™ . a bs ~ “e tet one OMI erp — r ne t . . ‘ \ o tos _NW.54999 Docld:32989522 Page 387 ‘ . . eveerewe mee) Metab me remenee— wrt. +h halts
oT ¥ Nw 349599 Docld: 32939522 Page 356 wJa=es H. Losar, Esc. . .. These docusents will bs farnished to Mr. velsberg at the conying Yea of $5.49 which wa are authorised to Charge in connection with the ralease of docuasnats under With regard to Mr. ¥Yeisberg's raquest for the FRX copy of the J. Uidqar Hoover raemersnéum to He. J. Sea Rankin datsd Aucsuss 12, 1934, watch pertained to tha curkstone exavination, I wish to atvisa tha original ot this document was furnished to the Yarren Commission. A representative of the National archives has confirmed it is eudlished with ite exclosureas in the Warren Commission Recorts aa Shansyfalt Exhibits nusberad 24, 27, 25 and 34. In-wiew of its rublicatioa ana availaiilicy for sublic insyection, I am declining to relaase the FRI cosy of this document which differa fron the oricinal only with recard to internal, administrative markings which appear en the PB cony. It is consizered that the offer of releasa of the 54 pacen of the aveve-deseribed data, tocsther’ with that alreacy furnished to Mr. Weisherg, responds fully to his FOLA ranuest for snectrocrapnic and mautren ef tovenker 27, 1974, ana subsequent Ziscussion with FSI representatives on Harch 14, 1975. ; You may wish to contact Spacial Agent fhomas H. Brasson of tha Fur FOTIA unit at teleshone number 324-2461, to arranga for delivery of these documents. . Sinceraly yours, Claranca HM. Kelley Director aoe . ene ae manent MON me meine et memes
April 15, 1975 / James if. Lesar, Isa. 1231 Fourth Street, S. W. Washington, D. C. 20024 Dear Mr. Lesar: This is in reference to my letter to you of April 10, 1975, and your telephone conversation with | Special Agent Thomas NWN. Gresson on April 14, 1975. Fmelosed with this letter, please find 54° pades of the laboratory data described in my letter of april FO, FO7S. Se have attempted to ebtain the best possible copies of this material, but in the event you Hove apy question concerring the mrality of the Gecuments, please feel free to communicate with re. The copying fee for this material is $5.40, as indicated in my referenced letter to you. Sincerely yours, Cc. M. Kelley, Clarence M. Kelley Director imeclosure - oo ae www ee t. * NW 399 Doold: 32989522 Page 369 AEA ale EET AEE DS aCe Be Oe IE POR ORT Pe ee
ao. we Be Adams - * - Legal Counsel FREEDOM OF INVORMATION ACT (POTA) BEQUEST OF HAROLD WEISBERG =e 4/10/75 re oe " . Referance is made to Legal Connsel mexo ‘te ao. wa a * we. z. By Adamg. dated 3/25/75, which provided background . ° ft ~ - \Senserning tha furnishing of Laboratery documents to captioned . a -.._. . Spdividual in connection with his request for John P. sennesy oe _=". : assassination investigation material.. By letter dated / 7 . Harsch 31, we furnished Helsberg's 2ELOEnSy, James H. Lagat, ae & total of 22 pages of material relating to his oxiginal written —. FOLIA vequest, and as modigied as a result of a March 24, 1975, -' seebing with SA Thomas o. Bresson of the FOYA Unit and 7 a '. «885 Robert A, Frazier and John We , Ralty of the RAPOTAPOEY . se, Gey ome - ‘Division. " ; bee. 7 os on 4/3/75 7 Mx. Lesar telephonically contacted SA Bresson” to advias HWeisherg objected to the copy of a Bursan memorandum —- te J. Lee Rankin dated Angust 12, 1564, a copy of which is attached to this memorandum; in that we had obviously deleted material . Exon tha uprer right corner. The portion deleted was that containing names of Buteau officials for whom tickler copies were asaignated. Ha also stated the memorandws indicated thera were »  Gaclosures to this penorandum and they were not included. Br. Lesa ‘wae subsequently advised the August. 12th — . “eames ig published entirely with enclosures in the Warren Commission. Beports and that wea had determined through contact with a -- 7 Hational Archives representative that they are listed as Shaneyfelt ‘exhibits numbered 26, 27, 2@ and 34. Mr. Lesar stated that in. © view of the *alteration® to the Gocument; he wanted the PEI cory : without deletion. " . a _ The second point of Lesar's contention: ia: enitee the ” . 14th meeting with FBI representatives, Mr. Heisbexs was sures : . . : 3 ‘ bibent . \ 1 ~ Mr, Hintz | cowenroen ~ OVER J ' SEBedw (5) _ OO , ee _NW 54999 Docld:32989522 Page 390 _
James Tl. Lesar, Tse, HOTE: We have previously had approved the release under the FOIA of the 17 pages of ratorial vhich relate to epcetrogravhic and neutron activation exanination conducted in the assassination of the John TF. Nennedsy cace. This material will be personally delivered ta *r. hesar, who Will appear at the POTA Offico on March 3ict. 4959 Doocld: 32989522 Page 397
po @ @ Answer No. 23: (a) No. Referring to my answer to interrogatory 1(b), a "full and complete comparison" between the composition of a bullet and the minute traces of metal left at the edges of a hole will not permit the conclusion that the hole was made: by a specific bullet. (b) There were no metallic traces on Governor Connally's clothing. (c) Our records indicate that only one fragment of lead was removed from Governor Connally's body. The answer to this portion of the interrogatory is yes. Interrogatory No. 24: 'Was a full and complete comparison made between the chemical composition of the bullet fragments recovered from President Kennedy's head and (a) the composition of the sweepings from the windshield, and (b) all five fragments found in the car during two different searches? Answer No. 24: (a) Yes, to the extent that the specimens were of adequate size and condition for compositional analysis. (b) Our records indicate that the metal fragments recovered from President Kennedy's head were lead and that the five frag- ~ en —e ‘_ ments found in the car consisted of a portion of-a jacketed ‘bullet — — —_ (core and jacket), a bullet jacket and three lead Fragments. Tt is apparent from these records that a compositional comparison was made where appropriate. Interrogatory No. 25: Was a full and complete comparison made between the chemical composition of CE 399, the bullet which allegedly wounded both President Kennedy and Governor Connally and (a) the composition of CF 141, the bullet found in the Mannlicher-Carcano rifle, and (b) all other bullet fragments? Answer No. 25: (a) No. -~ 14 - WW 54999 Docld: 323989522 Page 447 : j
(b) No. Although comparisons were made, CE 399 (Q1) ‘was not compared with all other bullet fragments. a * # Federal Bureau of Investigation Washington, D. C. Subscribed and Sworn to before me this of — WOT hee © i, 1976. r Notary Public My commission expires — Y“Lo- Fo - LS. . ae - 15 « ‘MW 54999 Doocld: 32989522 Page 446
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