/ (04 — 10333-]oe 60 - A | OF K-M-1e, FR eae ns eb. dh TAN LUL 2d Vane ARR . Muar Assassination Records Review Board 600 E Street NW - 2nd Floor - Washingtan. DC 20530 (202) 724-0688 + Fax: (202) 724-0457 The Honorable John R. Tunheim, Chair IN THis Or AMA ‘ATION Experience 8 BUCUMENT State of Minnesota, Chiéf Deputy Attormey General, 1986- Present State of Minnesota, Office of the Attémey General, Solicitor General, 1985-867 State of Minnesota, Office of the Attomey General, Manager, Public Affairs Litigation Division, 1984-85 Law Firm of Oppenheimer, Wolff, Foster, * Shepard and Donnelly, Associate Attorney, 1981-84 Senior U.S. District Judge Earl Larson in Minneapolis, Law Clerk, 1980-81 United States Senator Hubert H. Humphrey, Staff Assistant, 1975-77 Education j.D., University of Minnesola Law School, 1980 B.A., Concerdia College, 1975 Dr. Henry F. Graft Experience Columbia University, Professor Emeritus of History, 1991- Present ee Freedom Forum Media Studies Center, Senior Fellow, 1991-92 Columbia University, Department of History, Instructor to Full Professor, 1946-91, Chairman, 1961-64 Education Ph.D., Columbia University, 1949 M.A., Columbia University, 1942 BS., City College, 1941 Haornao Measaeas: John R. Tunheim, Chsir- Haare © Groff ee 7
13-00000 . e. woe wee ee ee ee ~ Dr. Kermit L. Hall Ex Experience The Ohio State University, Dean, College of Humanities, and Professor of History a and: Law, 1994 - Present The University of Tulsa, Dean, College of Arts and Sciences and Professor of History and Law, 1992-94 cad University of Florida, Associate /Full Professor of History and Law, 1981-92. Wayne State University, Assistant/ Associate Professor, Department of Hi story, 1976-81 8 AN Vanderbilt University, Assistant t Professor, Department of History, 1972-76 Master of Study of Law, Yale University Law School, 1980 Ph.D., The University of Minnesota, 1972 M.A., Syracuse University, 1967 B.A., The University of Akron, 1966 a fens Dr. William L. Joyce Princeton University, Associate University Librarian for Rare Books and Special Collections, 1986-Present The New York Public Library, Assistant Director for Rare Books and Manuscripts, ._ 1981-1985 | American Antiquarian Society, Worcester, Massachusclts, Curator of Manuscripts, 1972-81, Education Officer, 1988-81 William L. Clements Library, The University of Michigan, Manuscripts Librarian, . 1968-72 Education Ph.D., The University of Michigan, 1974.
13-00000 M.A., St John’s University (N.Y.), 1966 B.A., Providence College, 1964 Dr. Anna K. Nelson . The American University, Adjunct Professor of History, 1992-Present, 1986-88 Arizona State University, Distinguished Visiting Professor, 1992. | The American University, Associate Professor in History, 1991 _ fos Tulane University, Adjunct Associate Professor i in History, 1988-90 George Washington University, Instructor to Adjunct Associate Professor, 1972-85 George Washington University. Director, History and Public Policy Program, 1980-82 Ph.D., George Washington University, 1972 M.A., University of Oklahoma, 1956 nage aot. B.A., University of Oklahoma, 1954
13-00000 ¢ a id t a as T. Jeremy Gunn 1652 Wild Pine Way _ Reston, Virginia 20194 (703) 481-8196 EDUCATION Ph.D. Harvard University, Committee on the Study of Religion, 1991 eo Field: Religion and Society on Affiliation: Graduate Associate, Center for European Studies Awards: French Government Grant; Krupp Foundation Fellow; Gilbert Chinard Award, Institut Frangais de Washington, Center for European Studies Grant J.D. Boston University School of Law, 1987, Magna cum laude _ ' Awards: Hennessey and Liacos Distinguished Scholar ny re ee ‘AM. University of Chicago, General Studies in Humanities, 1978 Award: University Fellowship B.A. Brigham Young University, international Relations and. ‘Humanities, 1974, Ai igh Honors _ with Distinction (highest 1%) Awards: several scholarships ’ EMPLOYMENT General Counsel and Associate Director for Research and Analysis, JFK Assassination Records Review Board, Washington, D.C., 1994-present Covington & Burling, Associate Attorney, Washington, D.C., 1988-94 Practice Areas: international law (public and private); civil litigation (including class action and other complex casés); appellate (including Supreme Court) litigation; extensive church-siate litigation; and six month full-time work in poverty law for Neighborhood Legal Services Corporation. United States District Court, Law Clerk to the Honorable Douglas P. Woodlock, Boston, MA, 1987-88 . , ae : ‘ Ropes & Gray, Summer Associate, Boston, MA, 1987 Goodwin, Procter & Hoar, Summer Associate, Boston, MA, 1986 TEAGHING EXPERIENCE Harvard University, Graduate Teaching Fellow, 1980-84 Ethics and International Relations (Stantey Hoffmann) Rise of American Power (Emest May) Art and Politics (Simon Schama)
13-Q0000 é ; ° a . Med BP AP Os T. Jeremy Gunn Page 2 Paris and London in the Nineteenth Century (John Clive) a Moral Values in European Thought (James Wilkinson) French Society and Politics 1715-1815 (Patrice Higonnet) French Society and Politics 1815-1945 (Patrice Higonnet) Massachusetts institute of Technalogy, Instructor in History, 1980-81; 1981-82 | oo Brigham Young University, Instructor in History and Humanities on overseas study program in Paris, France 1975 PUBLICATIONS = | | we Book A Standard for Repair: The Establishment Clause, Equality, and Natural Rights (New York and London, 1992). Articles “Freedom of Religion or Belief, Ensuring Effective international Legal Protection,” American Journal of International law ( 1896) (book review) (forthcoming) “Adjudicating Rights of Conscience Under the European Convention on Human Rights," in Religious Human Rights in Global Perspective: Legal Perspectives (John Witte and Johan van der Vyver, eds., 1996), 305 “The Promises We Keep: Human Rights, the Helsinki Process, and American Foreign Policy," ‘88 American Joumal of Intemational Law 854 (1994) (book review) “Neutrality, Expression, and Oppression,” 23 Journal of Law & Education 391 (1994) “Applying Coercion: The Latest Element ‘of Establishment,” i in Why We Need Public Schools: Church/State Relations and Visions of Democracy an Must, ed., 1992) RECENT PROFESSIONAL ACTIVITIES | Chair, Committee on Human Rights, District of Columbia Bar (1995-present) Co-Chair, Committee on Public Intemational Law, District of Columbia Bar (1994-95) General Counsel, National Committee for Public Education & Religious Liberty (1 990-94) Member, Board of Directors, Washington Council of Lawyers (1993-present) International Advisory Board, World Repart on Freedom of Conscience and Belief ULS. Institute of Peace Working Group on Religion, ideology, and Peace (1994-present) Who's Who of Amencan Lawyers (8th ed.)
13-00000 SHO OBJECTION TO. : MESON AND/OR ew ; . NFORMATION The Assassination Records Review Board was csaplicn gui President John E. Kennedy Assassination Records Collection Act, which was signed into law by President George Bush. The five members of the Board were appointed by President Clinton, confirmed by the U.S. Senate, and sworn in on April 11, 1994. The law gives the Review Board the mandate and the authority to identify, secure, and make available all records related to the assassination of President Kennedy. It is the responsibility of the - Board to determine which records are to be made public immediately and which ones will have postponed release dates. | The Review Board consists of the following members: . - The Honorable John R. Tunheim, Chair; United States District Court Judge, District of Minnesota. Dr. Henry F. Graff; Professor Emeritus of History at Columbia UniversiGy. Dr. Kenmit L. Hall; Dean, College of Humanities, and Professor of History at The Ohio State University. | Dr. William L. Joyce; Associate University Librarian for Rare Books and .d Special Collections at Princeton University. Dr. Anna K. Nelson; Adjunct Professor of History at American University. The Review Board has until October 1, 1997 to fulfill its mandate.
13-00000 ASSASSINATION RECORDS REVIEW Chairman: John R. Tunheim Board Members: Henry Franklin Graff Kermit Hall William Joyce Anna Kasten Nelson Executive Director: | David Marwell ee BOARD
. ~~. & SW SH te SBan aN as JOHN R. TUNHEIM Minnesota Chief Deputy Attorney General 102 State Capitol Saint Paul, MN $5155 612/296-2351 Jack Tunheim is Chicf Deputy Atorney Gencral ‘ip the Minnesota Attorney General's Office — a position he has held since June, 1986. The senior appointed official in the Attorncy General's Office, he is responsible for supervising and directing all operations of the office, with a staff of over 200 lawycrs and 400 total employces. Among his duties are the supervision of all legal services, including both criminal and civil litigation, the recruitment and supervision of the office’s lawyers, chairing the management team, representing the governor and other top state officials, working with the Legislarure, and handling significant constitutional cases. Prior to 1986, he. served as Minnesota Solicitor General and Manager of the Attorney General's Public Affairs Lingauon Division. He spent three ycars in private ’ practice with the St. Paul law firm, Oppenheimer, Wolff, Foster, Shepard and Donnelly and served as {aw Clerk to Senior U.S. District Judge Earl Larson in Minneapolis. He is a 1980 cum laude graduate of the University of Minnesota Law School where he served aul as President of the Minnesota Law Review. He 1s a 1975 summa cum laude graduate of © Concordia College i in Moorhead, Minnesota and served from 1975-1978 as.a Staff Ast sistant to U.S. Senator Hubert IL. Humphrey. In ‘Rebruary, 1994, his nominauon by President.Clinton to be a member of the U.S. Assassination Records Review Board“(AARB) was confirmed by the U.S. Senate. The AARB is responsible for ensuring and facilitating the review and public disclosure of government records related to the assassination of President John F. Kennedy. He currently tcaches federal and state constimudonal law as an Adjunct Professor of Law at the University of Minnesota Law School: ‘He has served as a visiung lecaurer at. the University of Minnesota Law School since 1985 on the subject of prescnung cffecuve oral arguments. Jack is currendy a Mondale Fellow at the Hubert H. Humphrey Institute of Public Affairs at the University of Minnesota. He serves on the Board of Directors of. - the Minncsota Institute for Legal Education and is a frequent conuinuing Iegal education presenter, with a special focus on the Minnesota Consuuution.
MEENA S He has personally argued three cases before the United States Supreme Court, Hodgson v. State of Minnesota (1989), Perpich v. U.S. Department of Defense (1990), and Growe v. Emison (1992), winning two. He serves the United States Dismict Court for the District of Minnesota as a member of both the Federal Practice Cominitiee and the Advisory Committe on Civil Jusuce Reform. Jack currently serves on the Executive Committee and as Secretary and immediate past-Treasurer of the American Bar Association Division on Government and Public Sector Lawyers. He was a member of the Special Committee on Lawyers in Government that successfully proposed establishing the new.division. He also founded and recently completed a two-year term as Co-Chair of the Public Law Section of the Minnesota State Bar Association. He. served as a delegate from the American Council of Young. Poliacal Leaders to Russia in December 1991. He was a delegate to the Democratic National Conventon both in 1988 and in 1992. tle is the 1991 recipient of the Marvin Award trom the National Association of Attomcys General, annually presented to the most outstanding assistant attomeys general - in America. He received the 1988 Presidenc’s Distinguished Service Award from NAAG for his work as an editor of the book Office of Auorney General: Powers and Duties. He has lectured at cach’ of NAAG's Management Traimng Seminars and at numerous NAAG meetings and seminars. He chaired the 1990 and the 1991 Chief Deputies Conferences and has done frequent management consulung for attomeys gencral and their staffs. He chaired the first NAAG Management Review Team for the Idaho Attorney Gencral's Office in 1991 and served on the NAAG Management Review Team for the Arkansas Attorney General's Office in 1992 and the Ohio Atlorncy General's Office in 1993. He chaired the Review / Teain for the Virgin Islands Antomey General's Office in September, 1993. a - In 1990, he served as a member of Governor Perpich’s Select Committce on the Impact of Drugs on Crime, Education and Social Welfare. From 1987-91. he was a member of the Synod Council of the St. Paul Area Synod of the Evangelical Lutheran Church in America. In 1985, he co-chaired the Minnesota State Bar Associa- tionf/Attorncy Genera] Task Force on Legal Advice to Farmers: and in 1983. he was a-co- founder of the Minnesota Pregnancy and Infant Loss Center. He served as Chair of the . Washington County Planning Advisory Commission trom 1989-1992. He is currently Chair of the Board of Directors of Family Service St. Croix, Vice-Chau of the Sullwater City Chancr Conmumussion and a member of the boards Midsummer: A Minnesota Fesuval of Music and the Norwegian-Amencan [Ustoncal Associanon. . He lives in Sallwater, Minnesota, with his spouse, Kathryn, who is President of the Twin Cities public relations firm, Tunheim Santrizos, Inc., and their two children. ‘Elizabeth and Samuel. Tuna? Aeeg dade.)
13-00000 MM AL AaER we =4 . ae Cn ii Ree bY EAA BV Foe UR SVaNasay ( - ware gt Ee b HENRY F. GRAFF Professor Emeritus of History. Columbia University Born in New York City on August 11, 1921, he was educated in the public schosls, including City College, where he received a B.S.S. degree, magna cum iaude in 1941, and was elected to Phi - Beta Kappa. In 1942, he received the M.A. degree from Columbia: — University, and in 1949 the Ph.D. He, meanwhile, had enlisted in the Army shortly after Pearl Harbor, and rose from private to first lieutenant in the Signal Corps before going on inactive... status in the early part of 1946. His principal service was as a Japanese language officer with the Army Security Agency (prede- cessor of the National Security Agency) which was charged With responsibility for reading foreign codes and ciphers. He “.received a War Department Citation and the Army Commendation _ Medal. pe 2s * : a : : , i m Upon returning to civilian life, Graff taught for a semester in the History Department of City College before accepting an — appointment as lecturer at Columbia in the fall of 1946. He remained at Calumbia thereafter until he retired in 1991, rising through the ranks to Professor and Chairman of the Department of. History in 1961. (His term as Chairman ran to 1964.) He has been a visiting professor at Vassar College, and he has lectured on many campuses, including those of the service academies. He has been the Distinguished Speaker at the United States Air Force Academy, and the Sol Fceinstone Memorial Lecturer at. the Jewish Theological Seminary. In 1992 he was the Dean‘’s Distinguished Lecturer in the Humanities at Columbia’s’ College of Physicians and Surgeons. In 19893 he lectured at the. Yale School Of: Medi - cine. Graff‘s tield of specialization is United States history and within it, the history of the Presidency of the United States and the history of the foreign relations of the United States. lle taught courses in both subjects at Columbia where he was a member of the facultics of Columbia College, the Graduate School |. of Arts and Sciences and the School of. International and. Public .. Affairs ee Graff served for six years on the National Historical . Publications Commission (1965-71), to which he had been appointed and then reappointed by President Lyndon B. Johnson. Beginning in 1971 he served for a number of.years on the Historical | Advisory Committee of the United States Air Force, by appointment of the Secretary of the Air Force. In 1993 he was nominated by President William J. Clinton for membership on the newly~es- tablished Assassination Records Review Board. Graff’s books include Bluejackets with Perry in Japan, ~ published by the New York Public Library, and The Modern Resear- cher (with Jacques Barzun) first published by Harcourt Brace im 1957 and now in its Fifth Edition (1992), the text edition | currently issued by Harcourt and the trade edition by Houghton
13-00000 CL a ao a Ww Bat ohee ‘s! ER ee be He PRA eNas Mea 8S Mifflin. Usually described as "the classic work on "research ana writing," it has been a Book-of{-the-Month choice anda selection of the Quality Paperback Book Club. Graff‘’s best-known general: work is The Tuesday Cabinet: Deliberation and Decision on Peace and War under Lyndon B. Johnson (Prentice-Hall, 1970), which was based on extensive conversations over a period of years with the ,President and his principal advisors, chiefly on the subject. of - the Vietnam War. A well-established standard reference work is ‘Graff's the Presidents: A Reference History (Scribner, 1984). On invitation, Graff presented a copy to President Konald Reagan for placement in the White House Library. . Graff is also the author of widely-used high-school and junior high school American history textbooks: The Adventure or the American People (with John A. Krout.); The. Free and ‘Che Brave: The Grand Experiment (with Paul Bohannan)-- 411 originatly published by Rand McNally & Company, and now by Houghton Mifflin Company; This Great Nation (Riverside Publishing Company, 1983); ‘and America: the Glorious Republic (Houghton Mifflin. Company, revised edition, 1990). Be , Graff has written extensively for the leading historical and popular journals and magazines. lis book reviews have frequently appeared in The New York Times Book Review, and his topical articles-- on the Presidency and on international affairs-- in The New York Times Magazine and on the op-ed pages of The New York Times and the Los Angeles Times. He has contributed many articles to the Dictionary of American Biography and to other encyclopedias and compilations, including the new Encyclopedia of the American Presidency. Among Graff{‘s several Current writing projects” is a book of essays on selected aspects of presidential history. For most of the years from 1950 to 1967 Graff was the historical consultant to Time, Incorporated. He was the Consult- ing Editor on Life's History, of the United States (twelve volumes). During these same years he was the director of the CBs News and Public Affairs Fellowship Program at Columbia Universi- ty. Tn 1976 he was the historical consultant for CBS’s bicenten- nial series, The American Parade. In 1986-7 he was the consul- tant for ABC’s acclaimed series, Qur World. In 1987 he was the historical] consultant for ARC’s The Blessings of Liberty, a _ television special celebrating the bicentennial of the Constitu- tion. In 1989 and again in 1993 he served as historical commen~ tator during the telecast of the Presidential Inauguration on the ABC network, anchored by Peter Jennings. He has frequently heen a discussant on public affairs programs. At present he is a consultant to ABC on its planned series of end-of-the- ~century documentaries.
13-00000 ~banares we In 1966 Graff received City College’s coveted Townsend Harris Medal in recognition of distinquished post-graduate achievement in his chosen field. He has been honored with Columbia‘’s Great ‘teacher Award and with the Mark Van Doren Award, bestowed by the student body of Columbia College for distin- quished teaching and scholarship. In 1990 he received the Kidger Award of the New England History Teachers Association for. distinction as teacher and author. Graff was honored with a Senior Fellowship at the Freedon Forum. Media Studies Center (formerly the Gannett Foundation Media Center) at Columbia for the academic year 1991-1992, in order to work on his book of essays on the Presidency, tentatively entitled "The Role of the Press in Shaping the Persona of the Presidency.“ “ens Graff serves as a member of ‘the board of Directors” of the Rand McNally Company, whose headquarters are in Skokie, Illinois, and has served on the Board of Trustees of the Columbia Univer- sity Press. He is President of Columbia’s Friends of the Library. He is chairman of the editorial board of Constitution magazine, and was a member of the editorial advisory board of the four~volume Encyclopedia of the American Presidency published by Simon and Schuster in 1994. Graff‘s professional societies and affiliations include the American Historical Association, the Organization of American Historians, the Society of the Historians of American Foreign Relations, P.E-N., and the Authors Guild. He is a Fellow of the Society of American Historians. He is also a member of the Century Association and the Council of Foreign Relations. Graff is warried to “the former Edith Krantz. They have two daughters, Iris Joan Morse (Mrs. Andrew R. Morsé) and Ellen Toby Graff, a partner in the law firm of Wien, Malkin & Bettex.. The Graff{s reside at 47 Andrea Lane, Scarsdale, New York 10583. February 6, 1994 ee Additional details may be found in the current edition of Who's Who in America.
13-00000 wu su aa fe bo. kd PAN SUL fit Use ans ey Ue WILLIAM L. JOYCE EXPERIENCE: Princeton University Associate Univarsity Librarian for Rare Books and Special Collections, 1986- This position entalls managing the Rare Books and Special Collactions Department of the Princaton' University Libran Including supervising a pormanent staff of about 45, overseeing the budget, planning the Ocpartmant's programs (lacluding acquisitions, cataloging, collection davelopment, conservation, reterance and access, pxhiblilons, and publications) and space needs, and reviewing and ravising as necessary policies and procedures for the:Ocparimant Additional responsibilities include sitting on tho Library Council which assists the University Librarian In directing the Princaton University Libraries, and serving as liaison for the Library to the Friends of} shePrinceton University Library (of which f am also Secretary). * ae Columbia University School of Library Service Adjunct Faculty, 1984 -1992 This appointment Involved teaching three coursas, a lecture course “Curatorship of Rare Books and Special . Collections*, a seminar, "Problems in Archival Administration,” and a seminar on rare books (co-taught with Terry Belanger) until the University closed the school in July, 1992. . The New York Public Library | Assistant Director for Rare Books and Manuscripts, 1981-1986 This position included planning for and managing the Rare Books and. Manuscripts and Archives Sections as well as the Arents Collections of Tobacco and Books in Parts. The position emphasized developing the | Aare Gooks and Manuscripts Nivislon’s programs and spaco needs, overseeing the budget, supervising a permanent staff of 15, and reviewing and revising as necessary procedurcs. for the continuing development and management of the Library's rare books, manuscripts and archives holdings.| also participated as a curator in the inaugural exhibition tn Gottesmann Gallery, “Censorship: $00 Years.* American Antiquarian Society Education Officer, 1977-1981 With the assistance of a grant for the Andrew, Ww. Metion Foundation.this position was created to plan and implement seminars, colloquia, lectures, an academic conierence, readings, an adult education course, and musical performances that improved scholarly use of AAS holdings and made the Society a mare visible cultural resource in the region. Curator of Manuscripts, 1972-1981 in addition to managing acquisitions and providing reference assistance to readers, this position entailed supervising a six year project, funded by the National Endowment for the Humanities, that provided for the systematic arangement and description of the Society's manuscript collections. (see Publications) William L. Clements Library. The University of Michigan Manuscripts Librarian, 1964-1972
13-00000 eo ge acne [re ee i rs Ss TTI Willlam L. Joyce Page 2 SELECTED PROFESSIONAL ACTIVITIES: a Socicty of American Archivisis z Committee on Professional Standards, 1987-1992 (Chatman, 1988-1089) Vice-Prasident then President, 1985-1987 Council, 1981-1985 ; Co-chairman, 1981 Program Committee, Annual Meeting, Berkeley, CA Fallow, 1981 Member, Committee on Archival Information Exchange, 1982-1984 ’ Chairman, Task Force‘on Institutional Evaluation, 1977-1982, (see Publications): Member, Committee on Education and Professional Development, 1976-1985 Rare Books and Manuscripts Section, Association of Coliege and Resparch Libraries (ALA) . - Viee-chairman then Chairman. 1987-1989 * oe 4 Planning Committee, 1991-1993 Continuing Education Committee, 1984-1986 Publications Committee, 1985-1989 _ Conservation Ceniter for Artistic and Historical Artitacts. Philadelphia, PA. Board of Directors, 1992- Bibliographical Sociaty of America | Chairman, Fellowship Committee, 1981-1985, Advisory Committee Chairman, Publishing History Sources Project, 1964- 1990 Research Libraries Committee, co-sponsored by the American Council of Learned Societies. The Association of American Universities, and the Council on Library Resources, 1987-1990. The Grolier Ciub of New York City, 1983-Council, 1990- Research Librarlas Group Advisory Task Force on Functional Requirements for the AMC Format, 1980-1981 Committee on Archives and Special Collections, 1985-1991 American Historical Association . . Member (elected), Professional Division Committee, 1979-1981 Now Jersey State Historical Records Advisory Board, 1987- New York State Histoncal Records Advisory Board, 1984-1986 New York State Histoncal Documents inventdry Advisory Committee, 1984-1985. Massachusetts L.S.C.A. Advisory Council on Libraries, 1975-1977 National Eeadowment for the Humanities: Panelist, 1975, 1980, and 1988 Numerous consulting assignments SELECTED PUBLICATIONS: "Foxes Guarding the Hen House: Archivists in Speciat Collections,” ' ~ Provenance: Joumat of the Society of Geargia Archivists, v. 7, no. 1 (Spring 1989), 53-60. "Archival Education: Two Fables,” American Archivist v.51 (1988), 16-22. "The Evolution of the Concept of Special Collections in American — Nesearch Libraries,” Bare Books and Manuscriots Librarianship. v.3 (1988), 19-30. “An Uneasy Balance: Voluntansm and Professionalism’, American Archivist. v.50 (1987), 7- 12.
13-00000 . st a : é . ate - thoes . we eat @s. a PAA SU fad ters AME taey abe ct ( ( i KO William L. Joyce - Page 3 SELECTED PUBLICATIONS, continued *Rara Books, Manuscripts, and Other Special Collections Materials: _, _ Integration or Separation?* College and Research Libraries, v. 45 (1984), 442-445. _ ‘Archivists and Research Use.” Amartican Archivist, v.. 47 (1984), 124-33 - “Historical Records Repositories,” in Documenting America: Assessing the Condition of Historical Records In the Statos. Lisa os 8. Weber, ed. (Washington, 0. C.: National Historical Publications and Records Commission, 1984). with David D. Hall, Richard D. Brown and John B. Hench, eds. Printing and Sacicty in Cary America. (Worcester, Mass.: American Antiquarian Society, 1983). with Mary Jo Pugh. Evaluation of Archival institutions: Services, Principles. Guide to Self-Study (Chicago: Society of American Archivists, 1982) Pe “Antiquarians and Archacologists: Thea American Antiquarian Society... 3 7 1812-1912," Proceedings of the American Antiquarian Saciety. v.89 (1979), 123-52. *Iniroduction,” in Catalogue of the Manuscript Collections of the American Antiquarian Socicty, 4 vols. (Bosjon: G. K. Hall and Co., 1979). wit Michael G. Hall, “Che Half-Way Covenant of 1661: Some New. Evidence." Froceedings of the American Antiquarian Society, v. 87 (1977), 97-110. Elec and Gtunielv. A History of tha ish: Amoriearl Brees, 1848-1883 (New York: Amo Press, 1976) EDUCATION: Ph.D. The University of Michigan, 1974 MLA. St John’s University (NLY:), 1966 B.A. Providence College, 1964 for more blographical information, see Who's Who in America, 46th ed. ee
13-00000 Kermit L. Hall Dean Henry Kendall College of Arts & Sciences Professor of Law and History _, The University of Tulsa Suite 111 Chapman Hall 600 South College Ave. Tulsa, OK 74104-3189 Tel: 918-631-2473 _ Fax: 918-631-3721 Internet: AS KLH@VAX1-.UTULSA. EDU PS =e Employment and Education, . an Kermit L. Hall is Dean of the College of Arts & Sciences and Professor of Law and History at. The University of Tulsa, where he teaches undergraduate, graduate, and law courses in American; Constitutional and Legal History. Until 1992 he was a Professor of Law and History at the University of Florida, holding appointments in the Colleges of Law and Arts & Sciences. He holds a doctoral degree from the University of Minnesota and a law degree from Yale Law School. Publications The Oxford Companion to the Supreme Court (Oxford, 1992), which received the American Library Association’s award Lor “An Outstanding Reference Work of 1992," The Texas Bar Association’s Award for the “Best Book on the Supreme Court in. 1992," The American Bar Association’s Gavel Award for 1993, and was a main selection of the History Book Club for September, 1992 and bonus selection of the Book of the Month Club for September, 1993. , By and For the People: Constitutional Rights in American. History (Harlan Davidson, 1991). . . cd Mirror: Law in American History (Oxford, 1990). The Magic The Politics of Justice (Nebraska, 1979). _A_Comprehensive Bibliography of American Constitutional and Leqal History (7 vols., Kraus, 1984, 1991), which was selected by Choice as an outstanding academic book for 1985. Wilh Paul Finkelman and William M. Wiecek, American Legal - History: Cases and Materials (Oxford, 1992).
13-00000 With Eric Rise, From Local Courts to National Tribunals (Carlson, 1992). With James W. Ely, Jr., AN Uncertain Teadition: the south Constitutionalism and the History of 19KY). (Gecrgia, He is completing a case history of New York Times v. Sullivan under the title Heed Their Rising Voices, to be: .published by McGraw-Hill in 1994, and is supervising the preparation of. the oxford Companion to American Law, to be published by oxtord University Press in 1995. He is also the aulhor of more than 60 scholarly articles and essays in books. ’ Professional Activities Professor Hall has been a Fulbright Scholar in rfniang and a Visiting Scholar at the American Bar Foun@ation; he has also held grants and fellowships from the National Science. Foundation, the National Endowment tor the Humanities, the Ameéecicean Council of Learned Societies, the Exxon Education Foundation, the Rockefeller Foundation, the U. S. Department ef Education, and the Pew Charitable Trusts. He has also lectured. and-conducted seminars on the American legel system, legal education, and legal history in Poland = and Czechoslovakia. SS Hiall has served as a consultant for script preparation and production of several television programs and documentaries, including "The Federal City" (Maryland Public Broadcasting, 1989), “Prayer an the Public Schools" (Maryland Public Broadcasting, 1939), “Frohihit.ion and Constitutional Change“ (Maryland Public, Broadcasting, 1989), and “Simple Justice" (New Images Productions and WGARH, 1993). Hall is currently chairperson of the Bill of kights Education Foliaborative. a joint effort of the American Historical sociation and the American Political Science Association to promote teaching. about the Bill of Rights in primary and secondary schools, a member of the Editorial Board of the Law & Society Review, Associate Editor of the American Journal of of Legal Wistory, editor of Bicentennial Essays on the Bill Rights, 4 monograph series published by Oxford University Press, co-editer with David O’Bricn of Constiturionalism and Democracy, 4 monograph series published by the University Press of Virginia, a member of the Board of Directors of the Oklahoma School of Science and Mathematics, the ERIC Clearinghouse for Social Studies Education, and a membér of the Board of Advisors, American Bar Association’s Commission on College and University Nonprofessional Legal Studies.
13-00000 46u, doe Fat eaae as. le HAA SUL Cla dere ARIS wyUbe ° 4 : . ¥ - oy . an . ca a Anna Kas6ten Nelsan 3121 Quebec Pl. N.W. Washington, D.C. 20008 George Washington University Ph.D. History, 1972 ACADEMIC POSITIONS Adjunct Professor in History Se The American University, 1986-1988, 1992- Visiting Professor in History Arizona State University, Spring 1992 Associate Professor in History The American University, 1991 me Adjunct Associate Professor in History . a Tulane University, 1988 -90. wey — Instructor to Adjunct Associate Professor ‘in History George Washington University, 1972 - 1985 Director, History and Public Policy Program, _ George Washington University, 1980-82. SELECTED CONCURRENT POSITIONS Consultant, Historical Division, Army Corps of Engineers, . 1985-1989. \ Project Director, Committee on the Records of Government . , : , 1983-1985. - ‘Historical Consultant, National Academy of Public Administration Panel, “The Role of the President in Managing the Federal Government," 1979-80. Consultant, Congressional Research Service, Library of Congress, 1978-1979. Research Associate, National Study Commission on. Records and Documents of Federal Officials, 1976-1977. RECENT AND. OTHER SELECTED PUBLICATIONS “History as a Period Pieqe?" (Feature Review), Diplomatic History, Winter 1995. "The Importance of Foreign Policy Process: Eisenhower and the National Security. Council," in Eisenhower: A Centenary Assessment, LSU Press, 1994 (forthcoming). “George Aiken: Senator from Vermont,“ Vermont History (forthcoming) . “Wayne Morse,“ Robert Cutler," articles for American National Biography. (forthcoming) “The Ubiquitous Mr. Clifford," (Review Essay), Diplomatic History, Winter 1993. , 1
13-00000 qaqa. Bsa oF) . dete bo WAKA SUS ' 4h a ea T aS 2 arith d ad at 5 "The Historian’s Dilemma,“ Understanding Congress: Research Perspectives, GPO,1991. “President Kennedy’s National Security Policy: A Reassessment," Reviews an American. History, March 1991. “John Foster Dulles and the Bipartisan Congress, " Political Science Quarterly, Spring, 1987. “President Truman and the Evolution of the National . os Security Council," Journa) of American History, September, 1985. -. " ‘On Top of Policy Hill": President Eisenhower and the National Security Council." Diplomatic History, Fall, -1283. State Department Policy Planning Staff me Coe Papers, 1947-1949 (3 vols.), (ed.) Garland Press, 1983 "Destiny and Diplomacy, 1845-1865," Haynes/Walker, eds. American Foreign Relations: A Historiographical Review, Greenwood Press, 1981. SELECTED PROFESSIONAL ACTIVLT1ES AND ORGANIZATIONS Guest Editor, “Rethinking the Cold War, “ Organization of American Historians Maqazine of History, Winter 1994. More than three dozen appearances at scholarly meetings on American foreign policy, federal information policy, congressional research and public history. Articles on access to public records in The Chronicle of Higher Education, 1988 and 1992; OAH Newsletter, 19843. SHAFR- Newsletter, (Society for Historians of ‘American Foreign Relations), June -December 1977. American Historical Association ; Member, Jt. Committee of fistorians/Archivists, 1989-91. Member (elected), Research Division, 1986-89 Organization of American Historians Department of State Advisory Committee on Historical Diplomatic Documentation 1992-1994. Committee on Access, 1982-1988 (Chair, 1984-1986) Consultant and Panel Participant, National Endowment of the Humanities. (1983. 1987, 1988, 1990, 1991). Testimony before Congressional Committees for AHA and OAIlL on access to public records and archival policy, (November, 1961: March 1982: Junc 1983; September 1986; september 17, 1986) 2
13-00000 who DAVID G. MARWELL Biographical Information On July 1, 1994, the Berlin Document Center (BDC) was transferred to the German Federal Archives (Bundesarchiv) marking the end of nearly 48 years of American control of this unique organization. With an estimated 25 million Nazi-era personnel-related files, the BDC was once a crucial source of evidence for the Nuremberg Trials and is today an incalculably important source for the study of the Third Reich. The transfer also marked the end of David Marwell’s tenure as Director of the BDC. - A well-trained scholar with a PH.D. in History, Marwell came to Berlin in 1988 from. the Office of Special Investigations (OSI), U.S. Department of Justice where he-held the position of Chief of Investigative Research. At OSI, he was involved in researching: and preparing cases against accused Nazi war criminals residing in the United States. In addition, he was selected to participate in the Klaus Barbie Investigation (1983) and played a major role in the Josef Mengele investigation (1985), both of which received international attention. In connection with the Joseph Mengele and Klaus Barbie investigations, Marwell was _ in charge of assembling all relevant documentary evidence relating to any possible connection between these individuals and U.S. institutions or personnel. The investigations were two of the most unusual ever undertaken and through them he gained siginificant experiences in the identifying and locating documentary resources. The former Director of OSI, Allan A. Ryan, Jr., in his book Quiet Neighbors: Prosecuting Nazi War Criminals in America, described Marwell as “an experienced and careful historian who could find documents in archives when no one else could. . When Marwell arrived at the Document Center, the institution had been rocked bya scandal involving a significant theft of documents. The resulting-focus on the Center revealed that it had been neglected in many areas for many years and suffered from:an — outmoded administrative structure, a disaffected and undertrained staff and a lack of professional guidance. It was Marwell’s job to bring the Center up to standard and prepare it for turnover to the German ‘government. ee The challenges facing Marwell were not only to manage a complex institution (with an annual budget of eight million deutschmarks) and repair past deficiencies, but also to define a future for an institution in transition. He prepared a “five year plan" for the BDC that set five goals, developed a corresponding program to meet each goal, and designed a system to monitor the progress. In achieving all of the goals, Marwell: - ¢ Introduced computer technology (there was not a single computer at the BDC when he arrived) and developed a sophisticated, integrated information retrieval system that has been described as a model for archive © administration; e Created a fully professional document conservation and restoration program; « Developed a staff (50 Germans and 20+ Americans) that is better rained and ° far more responsible, flexible and creative than it had been;
13-00000 | | BC Ci HAS NO OB JECTION TO _ # HISD nits « NOMINATIONS HEARING COU vi ENT before the SENATE COMMITTEE ON GOVERNMENTAL AFFAIRS on Tuesday, February 1, 1994 a 10:00 a.m. Room 562 of the Dirksen Senate Office Building WITNES&& Lisgr MEMBERS, ASSASSINATION RECORDS REVIEW BOARD Henry Franklin Graff Nominee Kermit L. Hall Nominee TO BE INTRODUCED BY: The Honorable David L. Boren United States Senator (D-OK) William L. Joyce . . Nominee ~ Anna Kasten Nelson Nominee John R. Tunheim Nominee TO BE INTRODUCED By: The Honorable Paul Wellstone United States Senator (D-MN) zk kK ek ke
13-00000 4. 5. 6. Te « ? BIOGRAPHICAL AND FINANCIAL INFORMATION. REQUESTED ¢ OF. HENRY FRANKLIN GRAFF A. BICGRAPHICAL INFORMATION Name: Henry Franklin Graff Position to which nominated: Member, Assassination Records Review Board. Date of nomination: November 5, 1993. Address: 47 Andrea Lane Scarsdale, NY 10583-3115. ‘Office at same address. wo Date and Place of birth: August 11, 1921, New York, fy. , Marital status: married, Edith Krantz Names and ages of children: Iris Graff Morse, 45 years old? Ellen Toby Graff, 39 years old. Education: George Washington High School, New York, NY 9/33-6/37 academic: diploma 6/37 city College of New York, New York, NY 9/37-6/41 B.S. in_S. S, 6/41 Columbia wuniversity, New york, NY 9/41=-5/42 M.A. 6/42 3/46-6/49 Ph.D. 6/49 Employment record: Fellow, Department of History, City College of New York 9/41- 6/42 Tutor in History, City College of New York 2/46-6/46 Member, Department of History, Columbia University 9/46-6/91, rising through the ranks from instructor to full. professor, serving as Chairman, 1961-64. ; Senior Fellow, Freedom Forum Media Studies Center, NY, 9/91- 6/92 10. Military Service: 6/42-5/44 A. U. S., Private to T-3, honorable discharged 5/44-3/45 A.U.S., honorable discharge as First Lieutenant, Signal Corps (cryptanalytic and Japanese-language officer)
13-00000 il. 12. 13. 14. 15. 16. eC HENRY FRANKLIN GRAFF, cont/’d Government experience: Member, National Historical Publications Commission, ap-_. pointed by President Lyndon B. Johnson, 1965, reappointed, 1968. Member, Historical Committee, United States Air Force, 1972- 80. Previous Appointments: No. Business relationships: Director, Rand McNally & Company, Skokie, IL “ee Partner, Parkview Realty Company, Yonkers, NY My Secretary-Treasurer, Graff~47 Realty Corp., Scarsdale, NY > Chairman, Friends of the Columbia University Libraries Former trustee, Columbia University Press Memberships: Phi Beta Kappa, Phi Beta Kappa Associates, the American Historical Association, the Organization of American His torians, the Society of American Historians, Society of the Historians of American Foreign Relations, Center for the Study of the Presidency, the Authors Guild, PEN, the Century Association, Sunningdale Country Club, the Council on Foreign Relations Political affiliations and activities: (a) none (b) none (c) none Honors and awards: Fellowship, American Council of Learned Societies, 1$42 Army Commendation Medal, 1945 Townsend Harris Medal, the City College of NY, 1966. Mark Van Doren Award, Columbia University, 1981 Great Teacher Award, Calumbia University, 1982 Kidger Award of the New England History Teachers Associa- tion, 1990 Senior Fellowship, Freedom Forum Media Studies Center, 1991-2
13-00000 HENRY FRANKLIN GRAFF cont/’d 17. Published writings: Bluejackets with Perry in Japan (New York, New York Public Library (1952) The Modern Researcher (with Jacques Barzun) (New york, 1957) Latest edition is the Fifth, -published in 1992-- hardcover... edition by Houghton Mifflin Co., paperbound edition by Harcourt Brace. . e_Ad e Americ (with John ‘A. Krout) (Chicago, Rand McNally & Co. 1959, second ed., 1968, third ed., 1973) American Themes: Selected Addresses of John Allen Kreut (with Clifford L. Lord) (New York, Columbia University Press,} 1963. cons.ed., The Life History of the United States, 12 vol. (New York, Time, Inc., 1963-64) The Free and the Brave (Chicago, Rand McNally & Co., 1967, second ed., 1972, third ed., 1977, fourth ed., 1980.) with the Editors of Silver Burdett, Thomas Jefferson (Morristown, NJ., 1967) ; ed., eric erialis e Phi ine Insurrectio (Boston, Little Brown & Co., 1969) e esday_ Ca et: eratio d Decision on Peace and _War_ under Lyndon B. Johnson (Englewood Cliffs, NJ, Prentice- Hall, 1970. . . The Call of Freedom (with Paul J. Bohannan) (Chicago, Rand McNally & Company, 1977) , “The Promise of Democracy (with Paul J. Bohannan) (Chicago, .. Rand McNally & Company, 1977 This Great Nation: A History of the United States (Chicago, Riverside Publishing Co. 1983) America: The Glorious Republic (Boston, Houghton Mifflin Co., 1985, Second Edition, 1990). The Presidents: A_Reference Hist ory (New York, Charles Scribner‘s © Sons, 1985) ” CHAPTERS OF BOOKS: ~ "Problem of the Interregnum," in The Dynamics of the American. Presidency. Compiled and edited by Donald Burce Johnson and Jack L. Walker, New York: John Wiley and Sons, Inc., 1964, pp. 125-128. Reprinted from The New. York Times . Magezine, October 2, 1960, pp. 15, 88-89. “The Charles River Bridge Case," in Quarrels That Have Shaped the Constitution. Ed. by John A. Garraty, New York:  . Harper and Row, 1964, pp. 62-76. Colophon edition (Harper paperback), 1966. Chapter 81, “American Imperialisn," in John A. Garraty and Peter Gay, eds., The Columbia History of the World (New York, 1972° e
13-00000 HENRY F. GRAFF cont’d a. ARTICLES: “The Early Impact of Japan upon American Agriculture," Agricultural History, 23:2 (April, 1949), pp. 110-16. “The Lesson of a Japanese Revolution," Political Science Quarterly, 65:3 (September 1950, pp. 431-40). "Bluejackets with Perry in Japan," New York Public Library Bulletin, 5523-22, 66-85, 133-474 162-80, . 225-40, 276-87, 449-50 (Jan-Jul). ‘*rnowledge for Freedom,“ Baltimore Bulletin of Education, 31-4, April 1954. “Playing Political Possum Isn't Easy," The New York Times Ma azine, “Problem of" the Interregnum," The New York Times Ma: azine, Ocgober “Bipartisanship: Only a Dream," The New York Times Magazine, 3 December 25, 1960, pp. 8, 12-3. “Quipmasters of Politics,” The New York Times Magazine, September "The Kind of Mayor LaGuardia Was," The New York Times Magazine,. Qctober 22, 1961, pp. 46, 52- 3. “HeGuffey"s Lessons--and VacLesaqne,"" The Nev York Times Magazine, December 3, 1961, pp. §0-2, 110-15. ‘the College Survey Course in American History," fosial Education: a .25:281-3, October 1961. “*cPEB Advanced Placement Examination: American History -- Comtientary by Henry PF. Graff," Social Education 26: 251-62, May 1962. . "Decease of the Log-Cabin Legend,“ The New York Times Magazine, - June 30, 1963. "nife With Father, the President," The New York Times Magazine, July 14, 1963. Reprinted The Milwaukee Journal, -November 13, 1963. “Preserving the Secrets of the White House," The New York Times Magazine, December 29, 1963, p. 9, 30-1. “Prom Tippecanoe to Scranton, Too," The New York Times Magazine, "a Heartbeat Away," American Heritage, xv, No. 5 (August, 1974), _ tthe Man Who -- Loses," The New York Times Magazine, November 15, 1964, pp. 36, 132, 134. “rhe Presidency,by the Presidents," The New York Times Magazine, April 12, 1964, pp. 18-19, 105. “Tsolationism Again -- with a Difference," The New York Times Magazine, May 16, 1965, pp. 26-27, 98-100. Reprinted in Congressional Record, iii No. 93 Monday, May 24, 1965, 10981-83. Aliso reprinted in Freedom House Re rint Series, No. 17. ,
13-00000 i: ita ‘ neg tt EEE “necision in Viet Nam: How Johnson Makes Foreign Policy,” The y # HENRY F. GRAFF cont‘’d New York Times Magazine, July 4, 1965, pp. 4-7, 16-20. Reprinted in Robert A. Divine, ed., American Poreign a Policy Since 1945. Chicago: Quadrangle Books, 1969, pp. 215-32. Abridged, The Sunday Times (London), July 4, 1965, PPe 1i, i3. “tTeach-in on Vietnam," The New York Times "Magazine, March 20, 1966, pp. 25, 128-133. "The Wealth of Presidents,” American Heritage, xvii, No. 6 (October, 1966) pp. 4-5, 106-111. “Patriotic Values in America: An Historian's View," Perspectives” in Defense Management, August, 1968, pp. 1-17. “Troubled America is Changing." (Bei wa yamitsutsu Kawatte 2uku) » - in Yomfturi Shimbun (TokyoO, September 28,1968. First of : series, "This is America" (Zoku Kore ga Amerika da). Subsequent articles were “Trend of the Times, TBlack-White coexistence’ " (Toki no nagera 'Kuro-Shiro kyoson'), October 6, 19683 "The Difficult Period of Political Re- organization," (Seiji saihenki no nayamt), October 8, 1969. Also, in English, “Americans Aware of Need to Adjust Foreign Policy," November 5, 1968. “Transition at the White House,” The New header, LI, No. 25 (December 30, 1968),. PPe 3~7 o “Salo W. Baron: Historian of the Jews" (Symposium), Jewish HOLSEaRee xi, No. (Summer, 1969), pp. 45-47. parttctuaeay 3 Foreign Policy," The New Leader, liii, No. § (March 2, 1970), pp. 10-15. Reprinted in Congressional ‘Record, exvi, No. 4 (Friday, March 20, 1970), $4131-3. 3 ee “The ‘Ordinary Many’ as President," The New Leader, September 2, 1974, pp. 7-9. "From Independence to Interdependence, “ 4n America at 200, _ Headline Series, no. 227, pp. 36-60. New York, Foreign ‘ Policy Association, Ine. 1975. “The President and the Press," in Covering the '76 Elections: A Dialogue Between Journalists and Social Scientists (Columbia Journalism Monograph, NO. 2, 1976). a “To Choose a President," published March 7, 1976 (written for Associated Press). “Do Americans Understand Democracy?" in Perspectives in Defense Menagement,No. 24, Winter 1975-1976, pp. 69-77. “Presidents as Penman,“ 4n Dora B. Weiner: and William B. Keylor, eds., From Parnassus: Essays in Honor of Jacques Barzun, New York, 1977. “Lyndon B. Johnson: Frustrated Achiever," in Philip C. Dolce and yoorse Skau, eds., Power and the Presidency, (New York, 1977
13-00000 w? , an HENRY F. GRAFF cont/’d | “Presidents are Now Mayors," The New York Time ) a Electing Civilians," The New York Times, Pobreiry 22, 1980). breats to Presidency," The New York Times, July 25, 1980 The Vexing of the U.S. Presidency: An Interview with Henry . eee by Ceil Cleveland, Columbia, Fall, 1980, “MISCELLANEOUS PIECES: Biographical sketch of Jacob Ruppert in Dictionary of American ~ Biography, Supplement 2, pp. 589-90 (New York, 1958); Introduction to Margaret Bassett, Prefiles and Portraits: of -. American Presidents, (Freeport, Maine, 1964).. a Preface to James Warner Bellah, Soldiers' Battle: Gettysburg, 3 New York 1962. — . ee coe NN Ae CREE ee EEE meee " REVIEW ESSAYS AND REVIEWS: . Numerous reviews and review articles for: American Historical Review Journal of Modern History Political Scftence Quarterly The New Leader. Columbia Law Review Saturday Review | The New York Times Book Reviev
13-00000 ee 4b HENRY F. GRAFF cont/’d I have also contributed biographical sketches over the years to the Dictionary of American Biography. These have allowed me to indulge my affection for baseball. I have written the sketches of Ty Cobb Lou Gehrig Rogers Hornsby ~ Mel ott Jacob Ruppert Honus Wagner oo Heine Zimmerman Yet to be published are those of Casey Stengel and Jackie. Robinson, which will appear shortly in the latest supplenent volumes of the DAB. I contributed the articles on Gerald Ford and Branch Rickey to the Revattonn et Cometh, oth Pini AREER (Boston, Houghton Mifflin, 1992) I contributed the articles on Lyndon B. “Johnson, the Great ‘Society, Presidential retreats, and Presidential secretaries to be published in the forthcoming four~volume Encyclopedia of the American Presidency (New York, Simon & Schuster, (1993). I contributed a chapter, "The Campaign of 1928," to Running for President, a two-volume history of presidential campaigning edited by Arthur Schlesinger, Jr. and Fred Israel planned for publication by Simon & Schuster in 1994. | I am at work on a book of essays on the Presidency. In recent years I have written a number of Op-Ed articles for the New York Times and the Los Angeles Times. _
13-00000 HENRY FRANKLIN GRAFF, cont’d 18. Speeches: I have no texts of formal speeches delivered in the past, 5 years. 19. Congressional Testimony: I have never testified before a Committee of the Congress. 20. Selection: | | . (a) Do you know why you were chosen for this nomination by the President? I assume that I was considered to have professional qualifications especially suiting me for. the position. ; (b) What do you believe in your background or employment experience affirmatively qualifies you for this particular appointment? I have spent a lifetime teaching and writing about the history of the presidency and about American history in general. The work of this appointment is bound to draw on the expertness I believe I have acquired. B. FUTURE EMPLOYMENT RELATIONSHIPS 1. Will you sever all connections with your present employers, business firms, business associations or business organiza tions if you are confirmed by the Senate? I do not have such connections. 2. Do you have any plans, commitments or agreements to pursue . outside employment, with or without compensation, during your service with the government? If so, explain. No. 33 Do you have any plans, commitments or agreements after completing service to resume employment, affiliation or practice with your previous employer, business firm, associa tion or organization? “No. 4. Has anybody made a commitment to - employ your services in any capacity after you leave government. service?
13-00000 HENRY FRANKLIN GRAFF cont’d 5. If confirmed, do you expect ‘to serve out your full term or until the next Presidential election, whichever is applicable? Yes. C. POTENTIAL CONFLICTS OF INTEREST 1. Describe all financial arrangements, deferred compensation agreements, and other continuing dealings with business as | sociates, clients or customers. Sime ape oe a | My fees as a Director of Rand McNally & Company are being - deferred until such time as I retire from the Board. 2. Indicate any investments, obligations, liabilities, or other _. relationships which could involve potential conflicts of interest in the position to which you have been nominated. None. 3. Describe any business relationship, . dealing or financial transaction which you have had. during the last 10 years, whether for yourself, on behalf of a client, or acting as an agent, that could in any way constitute or result ina possible conflict of interest in the position to which you have been nominated. None. 4. Describe any activity during the past 10 years in which you ‘have engaged for the purpose of. directly or indirectly influencing the passage, defeat or modification of any legislation or affecting the administration and execution of law or public policy. . None. 5. Explain how you will resolve any potential conflict of interest, including any that may be disclosed by your respon- ses to the above items. (Please provide copies of any trust or other agreement. ) None will arise.
13-00000 HENRY FRANKLIN GRAFF, cont’d 6. Do you agree to have written opinions provided to the Commit tee by the designated agency ethics officer of the agency.to which you are nominated and by the Office of Government Ethics concerning potential conflicts of interest or any legal impediments to your serving in this position? Yes. D. LEGAL MATTERS . 1. Have you ever been disciplined or cited for a breach of thics for unprofessional conduct by, or been subject of a somplaint to any court, administrative agency, professional association, disciplinary committee, or other. professional” group? If so, provide details.. No. 2. Have you ever been investigated, arrested, charged or held by any Federal, State, or other law enforcement authority for violation of any Federal, State, county or municipal law, regulation or ordinance, other than a minor traffic offense? If so, provide details. No. 3. Have you or any business of which you are or were an officer ever been involved as a party in interest in any administra tive agency proceeding or civil litigation? If so, provide details. — No. | 4. Have you ever been convicted (including pleas of guilty or nolo contendere) of any criminal violation other than a minor ‘traffic offense? No. 5. Please advise the Committee of any additional information, . favorable or unfavorable, which you feel should be considered in connection with your nomination. None.
13-00000 — APFIDAVIT Henry E Gate _ being duly sworn, hereby states that he/she has read and signed the foregoing Statement ‘on Biographical and Financial Information and that the information provided therein is, to the best of his/her knowledge, current, accurate, and complete. , ra _ Subseribed and swom before me this SE say ott ateamgee _ @RETCHEN BARBIERI Netary Publics sates New York fified in Westchester County ~— conmnssion Expires Jan. 31,19 Po -- me 0 OS | GPO: 1001 *-427(m)
13-00000 ame -P @t . . & ‘PRE-HEARING QUESTIONS FOR HENRY F. GRAFF TO BE A MEMBER OF THE ASSASSINATION RECORDS REVIEW BOARD I._NOMINATION PROCESS AND POTENTIAL CONFLICTS 1. Were any conditions, expressed or implied, attached to your nomination to be a member of the Assassination Records Review Board (ARRB)? No. 2. Have you made any commitments with respect to policies or programs affected by your role as a member of the ARRB? If so, _ No. 3. Are there any issues involving the ARRB from which you may have to disqualify yourself? If so, please explain. No. 4. Have you been a party to any legal actions or administrative proceedings pertaining to access to, or disclosure of, federal . records on the subject of the assassination of President Kennedy? No. 1. What particular qualifications and experience do you bring to the role of being a member of the ARRB? Firet, I have been a professional historian during most of my adult life, specializing in the history of the presidency and the history of United States diplomatic relations, and attaining national standing and recognition. I believe that I have a well- developed sense of historical objectivity. Second, I served two terms as a member of the National Historical Publications Commission to which I was appointed and then reappointed by President Johnson. A chief function was to arrange for the evaluation and publication of collections of ~ documents with historical significance. I participated fully in the activities of the NHPC and gained indispensible experience in judging documentary work. ae Third, as co-author of The Modern Researcher (which has been described as the “classic guide to research and writing" and -i2
13-00000 l . ‘ a _# which now is in its Fifth Edition and its thirty-sixth year of publication), I have a keen sense of the mathods and needs of researchers. 2. What do you consider to be your primary responsibilities and “ - _ priorities as an ARRB member? My first responsibility is to help establish the determina- tion of the Board to fulfill the purpose of the legislation | creating it. . _ he second is to help oversee the orderly and complete gathering of the documents from the respective agencies holding then. , fhe first priority is to help etructure the Board so tha the work can proceed expeditiously and efficiently. . Snes The second priority is te obtain the services of a know-" © ledgeable and energetic Executive Director as soon as possible. ~ 3. How do you envision your relationship and responsibilities-- as an ARRB member-- to (a) the President, (b) the Congress, and (c) other. executive branch agencies? 7 (a) to the President: I will aim to the best of my ability to meet the high expectations that President Bush enunciated upon signing the Act creating the Board: to help burnish the reputa- tion of the United States Government for trustworthiness. I will be responsive to inquiries and suggestions that may emanate from the White House, while keeping in mind that the Board’s own integrity is the highest desideratun. 96 RO So cnemp Rane ampmnmTeR ener (b) to the Congress: I will aim to fulfill the purpose of the legislation creating the Board. I will always be acutely aware of the keen interest and concern that the Congress has expressed from the beginning in the assassination itself and in the attendant issues that understanding it has generated both on Capitol Hill and in the country at large. I will be responsive to inquiries and suggestions that may emanate from the Congress, while keeping in mind that the Board’s own integrity is the highest desideratur. atm gt oe 4 2 s0aqn, 9 em etme seme ato om (c) to other executive branch agencies: I will be respon- sive to the special concerns that assembling the pertinent documents may create. Still, I feel obliged to keep firmly in mind that the Board’s mission is the highest desideratun. 4. How do you view the job of ARRB Executive Director? What. role c do you anticipate playing in the selection of ARRB Executive = Director and staff? : The Executive Director is central to the success of the Board’s mission. He or she must be a person of judgment, 2 Fa) af Pd
13-00000 we * fhe Executive Director is central to the success of the Board’s mission. He or she must be a person of judgment, principle, and energy, experienced in dealing with masses of historical material and capable of comfortably delegating work to gubordinates. The person must be history-minded as well as capable of administering justly and effectively an enterprise that will be substantial in size and enduring in its impact on the nation’s. The Executive Director must be aware from the outset that he or she will have to be in regular contact with the Board on all vital issues arising out of the work. I would expect to have a part in interviewing prospective nominees for the post, and then in helping to instruct the person selected as to his or her responsibilities. As to the staff, I agsume that the Executive Director will have a comparatively. free . hand in the selection of subordinates in order to guarantee the. _ ultimate responsibility of the Executive Director for the co thoroughness of the undertaking. I would expect to be consulted on nominees for staff positions as significant issues arise. IIL._POLICY ISSUES 1. Have you made any public statements-- oral or written-- regarding the assassination of President Kennedy or the public availability of government records regarding this assassination? Please explain, and provide copies of any relevant material. I was interviewed by the Scarsdale Inquirer in the week after President Clinton announced his intention to nominate me to the ARRB. I offered some innocuous remarks to the reporter, which were not set down with complete accuracy. (I know, for example, and so said, that the Kennedy autopsy material will not be made public. Also, I specifically said that George Stephanopoulos was - never a student of mine.) The text is attached. 2. Members of the ARRB will be examining security classified records with a view to their declassification and public dis- Closure, in whole or in part, at some time in the future. (a) Can you describe what prior experience you have had, if any, with using or examining security classified records of the. Federal Government? During my army service in World War II as an enlisted man and as an officer of the Army Security Agency at Arlington Hall Station in Arlington, Virginia, I was engaged in cryptanalytic and translation work on the most secret Japanese diplomatic codes and ciphers. The resulting documents were classified TOP SECRET . ULTRA-~- the highest classification of that day. I was also privy to the MAGIC SUMMARY, which was issued daily to the White House 3 ot P}-}7-O3 91:53PM ’ a oy POO] #27
13-00000 « ? A and to 10 Downing Street by Special Branch in the Pentagon, and was aleo classified TOP SECRET ULTRA. (b) What do you think of our current security Classification system? For example, would you say it operates vell, has o integrity, and serves the public interest? I am not familiar with the intricacies of the classification. system at present. I have never requested documents under the = Freedom of Information Acts and have no personal experience on which to base an answer to the sub-question. As a diplomatic historian, I have been concerned that the e long time-lag that now obtains in the publication of Relations of the United States Series could be considerably shortened without damage to the national interest. Still, a -lack of sufficient funds may be partly responsible for this situation. , 3. one of the duties of the ARRB will be to determine what constitutes an “asdassination record". What criteria do you ‘think should be used to make this determination? I believe that an “assassination record" would be any document that directly or indirectly materially bears on the assassination. The Board will have to create criteria for what is meant by "materially". It is my further belief that in- dividual documents and classes of documents will have to be ~ evaluated by the Board on a case-by-case basis. _ T ss 1. Do you agree without reservation to respond to any reasonable. summons to appear and testify before any duly constituted commit- tee of the Congress, if confirmed? Yes. 2. Bo you agree without reservation to reply to any reasonable request for information from any duly constituted committee of the Congress, or its duly authorized agent, if conformed? Yes..
13-00000 b BIOGRAPHICAL AND FINANCIAL INFORMATION REQUESTED OF NOMINEES A. Biographical Information i. Name: Kermit L. Hall 2. Position for Which Nominated: Member of the Assassination Records Review Board 3. Date of Nomination: . - September 9, 1993 iN 4. Address: | -. , a Home: («1500 S. Frisco, 2F, Tulsa, OK 74119. Office: College of Arts & Sciences, Suite 111, Chapman: Hall, The University of Tulsa, Tulsa, OK 74104-3189 5. Date and place ef birth: 31 August 1944, Akron, Ohio, USA 6. Marital status: Married to Phyllis Anne Moke 7. Names and age of children: No children 8. Education: Garfield High School, Akron, Ohio, 1959-1962, Diploma, June, i962. The University of (Akron, Akron, - ohio, 1962-1966, B.A., June, 1966. Syracuse University, Syracuse, New York, 1966-1967, M.A., August, 1967. . The University of Minnesota, Minneapolis, Minnesota, 1969- 1972, Ph.D., August 1972. , Yale University Law School, New Haven, Connecticut, 1979-1980, Master of Study of Law, August 1980.
13-00000 id. ii. 12. Harvard University, Institute for Educational Management, Cambridge, Massachusetts, 1993, Certificate, July 1993. Employment Record: Resident Advisor, Syracuse University, Syracuse, New York, September 1966-August 1967. — Second/First Lieutenant, U. S. Army, Army Security agency, January 1968-December 1969. Teaching Assistant, Department ef History, University of Minnesota, Minneapolis, Minnesota, January 1969-June. 1971. Instructor, Metropolitan Junior College, Minneapolis, Minnesota, September 1971-June 1972. poe v Assistant Professor, Department of History, Vanderbilt University, Nashville, Tennessee, September 1972-June 1976. | Assistant/Associate Professor, Department of History, Wayne ' State University, Detroit, Michigan, September 1976-June 1981. Associate/Full Professor of History and Law, University of Florida, Gainesville, Florida, September 1981~July 1992. Dean and Professor of History and Law, The University of Tulsa, Tulsa, Oklahoma, July 1992-present. Military Service: . Second and First Lieutenant, | U. S. Army Security agency, January 1968~-December 1969, Honorable Discharge. Government experience: Member, Historical Advisory Board, Federal Judicial. Center, 1989-present. Member, Board of Directors, Oklahoma School of Science and Mathematics, 1952~-present. Panel Reviewer, National Endowment for the Humanities, Various Panels involving public programming, secondary and higher education, 1989-present. . Panel Reviewer, National Science Foundation, Law and Social Science Progran, 1985~ 199i. Previous Appointments: No previous federal nomination. 2
13-00000 i3. 14. Business relationships: Member, Board of Advisors, American Bar Association, Commission on College and University Legal Studies, 1993- present. L Member, Board of Trustees, The Tulsa Philharmonic Society, 1993-present. Member, National Advisory Board, The ERIC Clearinghouse for Social Studies, 1993-present. Director and Trustee, American Society for Legal. History, 1982-1985, 1986-1989. Advisory Board, “Road to the War of 1812: A Journey-Through Early American. History,” Pure Magic Productions, El Monte, California. Advisory Board, "unlikely Heroes," Peterson Productions, Washington, D. C._ Advisory Board, “Simple Justice," New Images Productions, Berkeley, California. — Advisory Board, “The American Constitution," Maryland Public _ Television, Maryland. Co-editor, Constitutionalis d_Democracy, The University Press of Virginia, 1991-present. Co-editor, Southern Lega) History, The University of Georgia Press, 1993-present. Co-editor, Studies in Western Legal History, The University of Nebraska Press, 1987-present. Editor, G eat Cases erican Constitutio al isto McGraw-Hill Publishers, 1991-present. Editor, icenten ia] _Essays_on the o ights, Oxford University Press, 1986-present. Memberships: American Historical Association (Program Committee, Littleton- Griswold Prize Committee, Representative to Project °87, © Chairperson, Bill of Rights Education Collaborative) . American Judicature Society Organization of American Historians (Program Committee, Chair of Ad Hoc Committee on Access to Lawyers’ Papers) Southern Historical Association (Program Committee) 3
13-00000 is. American Society for Legal History (Chair of Progran Committee, Member, Board of Trustees, Chair of Committee on Openness) The Society of Historians of the Early Republic Social Science History Association . Western History Association (Member, Program| Committee, Member, Board of Editors, Western Historical Review) Ninth Judicial Circuit Historical Society Phi Alpha Theta (History Honorary) Omicron Delta Kappa (Leadership Honorary) Phi Sigma Alpha (Leadership Honorary) Law & Society Association (Editor, Fifth Issue: Law & Society - Review, Member, Editorial Board, Law & Society Review) ~ Américan Bar Association (Member, Advisory Committee, on College and University Legal Education) . fhe National Audobon Society a National Geographic Society . a Philbrook Museum a Gilcrease Museum All Souls Unitarian Church The Tulsa Philharmonic Society Political affiliations and activities: Political Affiliations and Activities: a. List all offices with a political. party which you have held or any public office for which you have been a candidate. None. b. List all memberships and offices held in and services rendered to all political parties or election committees during the last 10 years. None. . c. Itemize all political contributions to any individual, campaign organization, political party, political action committee, or similar entity of $50 or more for the past 5 years. Check-off on income tax return for presidential campaigns.
13-00000 © 16. Honors and awards: “Native Americans and Higher Education," Summer Institute for Native American high school students, The Coca-Cola Foundation, 1994-1997. “ “Defining the Core of Citizenship: Reaching Those Who Teach Teachers," Summer Institute for College Teachers, National Endowment for the Humanities, ‘1993-94. "Minority Scholars in History," Grant, Pew Charitable musts, 1991 - 1994. , Fellow, Center for Great Plains Studies, Lincoin, Nebraska. American Historical Association Nominee, Charles A. Sana. Award of the Association of American Colleges’ for Pioneering Achievements in Higher Education, 1987. Comprehensive Bibliography selected by Choice as an Outstanding Academic Book in History for 1985. The Oxford Companion to the Supreme Court, selected by the History Book Club as a Main Selection, 1992; Named “An Outstanding Reference Work for 1992," by the American Library Association, and Certificate of Merit, Gavel Award, American Bar Association, 1993. Fulbright. Short Term Lecturer in American Constitutional and Legal History, Universities of Helsinki | and Turku, Finland, ' February 1987. Visiting Scholar, ‘American Bar Foundation, Chicago, Illinois, 1986-1987. . Grant, "The South and the American Constitutional Tradition, * Florida Endowment for the Humanities, 1986-1987. Grants from Rockefeller, Hewlett, and Exxon Foundations for the History Teaching Alliance, 1984-1987. (Administered through the American Historical Association.) Fulbright Lecturer in Law and American Studies, Kobe University, Japan, 1985-1986. (declined) "Collaboratives on Teaching the History of the American Constitution in Secondary Schools," Grant, William and Flora - Hewlett Foundation, 1984- ~1987.
13-00000 17. «© é Grant, "The Popular Election of Judges and Judicial Behavior,* National Science Foundation, Law and Social Sciences Division, | 1984-1986. Grant, "The History of Popular Election of Judges," Albert J. Beveridge Fund, American Historical Association, 1984. Grant, “The Politics of Nineteenth-century © Judicial Elections," American Association for State and Local History, 1983-1984. Norman Wilensky Teaching Prize, Department of History, University of Florida, 1983. "The History of the Popular Election of Judges," “ational Endowment for the Humanities, Summer Stipend, 1982.°. 3 “A Bibliography ef American Constitutional and Legal History," American Bar Foundation Legal History Grant, 1982. Legal History Fellow, American Bar Foundation, 1980-1981; Post-Doctoral Graduate Fellow, Yale Law School, 1979-1980. Post-Doctoral Fellowship, Earhart Foundation, 1979-1980. "The Politics of Federal Judicial Selection," Grant-in-Aid, . The American Philosophical Society, Summer, 1976. “The Politics of Federal Judicial Selection," Grant-in-Aid, The American Council of Learned Societies, Summer, 1975. Published Writings: Books: Kermit L. Hall, The Magic Mirror: Law in American History (New York: Oxford University Press, 1989). Kermit L. Hall and Eric W. Rise, From Loca] Courts to Nationa! ibunals: The Federa strict Courts of Florida, 1821-1990 (Brooklyn, NY: Carlson Publishing Company, 1991).. Kermit L. Hall, The Supreme Court and Judicial Review in American History (Washington, D.C.: American Historical Association, 1985). A volume in the American Historical Association’s Bicentennial Essays on the Constitution. Kermit L. Hall, The Politics of Justice: Lower Federa Judicial Selection and the Second American Party System, - 1829-1861 (Lincoln: The University of Nebraska Press, 1979).
13-00000 Oxford University Press, 1991). Kermit L. Hall, editor-in-chief, The Oxford Companion to the Supreme Court (New York: Oxford University Press, 1992). (James W. Ely, Jr., Joel Grossman, and William M. Wiecek associate editors). ¢ Kermit Le. Halil, Willian M. Wiecek, and Paul Finkelman, (New York: Kermit L. Hall, j ble nstitu History, 2 vols. (Lexington, MA: D. C. Heath and Company, 1991). Kermit L. Hall, £ da ef: onst ca ist (Arlington Heights, Ths ° Harlan Raspes san Ine., 1991). ‘Kermit L. Hall and James W. Ely, IXe, Uncerta An_Uncertain Tradition: The South and the American Constitutional Tradition (Athens: University of Georgia Press, 1989). Kermit L. Hall, Collected Essays on American Constitutional and Legal History. 21 vols. (New York: Garland Publishing Company, 1986). (not included) Kermit L. Hall, A_Comprehensive Bibliography of American Constitutional and Legal History, 5 vols. . (Millwood, NY: Kraus. Thomson International, 1985). Su (Millwood, NY: Kraus Thomson International, 1991). (not included) Kermit L. Hall, Harold M. Hyman, and Leon V. Sigal, eds., The Constitutional. Convention as an Amending Device (Washington, D.C.: American Historical Association, 1981). Herbert Weaver and Kermit L. Hall, eds., The Co rrespondence of James K. Polk, Volume Four, 1835-1836 (Nashville: Vanderbilt University Press, 1975). (not included) ticles and apters i ooks: "Of Floors and Ceilings: State Bills of Right and the American Constitutional Tradition," in David J. Bodenhamer and James W. Ely, Jr., eds., New Perspectives on American Liberty (Bloomington, IN: Indiana University Press, 1993), pp. 213 ~- | 240. "Of Floors and Ceilings: | The New Federalism and State Bills of Rights,“ Florida Law Review 44 (September 1992, forthcoming).
13-00000 8 Se “If All the World Were Philadelphia: Allen Steinberg’s The tice,” Pennsylvania History 27 (Summer 1992): 13-21. “The Irony of the Federal Constitution’s Genius: | State Constitutional Development," in Peter Nardulli, ed. s The ve e tit (Urbana: ‘University of Tilineis Press, 1992): 235-261 "The Legal Culture of the Great Plains," Grea ains Quarterly 12 (Spring 1992): 86-98. “The Legacy of Nineteenth-Century State Bills of Rig hts ‘ Perspectives on Intergovernmenta] Relations 17 (Fall 199): 15-18. | me “*Mostly Anchor and Little Sail’: State Constitutiong in American History," in Toward a Usable Past: ibe Unde State Constitutions, in Paul Finkelman and Steven Gottlieb, eds. (Athens, Ga: University of Georgia Press, 1991), pp. 388-418. 7 "The Supreme Court, Original Intent, and. the Bill of Rights," in Raymond Arsenault, ed., Crucible of Liberty: The Bill of Rights Across Two Centuries (New: York: The Free Press, 1991), pp. 3 = 22. “American | Legal History as Science and Applied Politics," enchma arte Review o eco tutio d_ Courts 4 (Summer 1990) : 227 - 238. "Justice Brennan and Cultural History: New York Times v__. Sullivan and Its Times," California Western. Law Review 27 (1990-1991): 339 - 359. , "Framing the Bill of Rights," in “By and For the People’: Constitutiona ights erican History, Kermit L. Hall, ed. (Arlington Heights, IL: Harlan Davidson Publishers, 1991), pp. 14 = 25. “The South and the American Constitution, * in An Uncertain Tradition, Kermit L. Hall and James W. Ely, Jr., eds. (athens: The University of Georgia Press, 1989), pp. 3-16. “Law Librarians and the New American Legal History," Law Library Journal 81 (Winter 1989): 1-11.
13-00000 e b “The American Citizen: The Developing Legal Concept," i n (Washington, D. C.: Council of Chief State School Officers, 1988), pp. 41 - 61. ; “Implementing the Constitution as Law: The Origins of | Judicial Review," “Implementing the Constitution as Law: The | Establishment of Judicial Sovereignty," and “The Amending Process and Constitutional Change,” in e Constitution, ed., Herman Belz (Baltimore: The. International University Consortium, 1987), pp. 41 = 61, 62 -.83, and 400 =- 30. (not included) oe - “The ‘Magic Mirror’ and the Promise of Western Legal History at the Bicentennial of the Constitution," The. Western Historical Quarterly, 18 (October 1987): 429 - 36.0 °° ; | "The Magic Mirror: American Constitutional and Legal . History," ternatio ourna duc 1 (Autumn 1986): 22 =- 48. . "Dissent on the California Supreme Court, 1850-. 1920," Social Science History 10 (Spring 1987): 63 = 83. “Why We Don’t Elect Federal Judges, * this constitution no. 10 (Spring 1986): 20-26. “Change Within Tradition: Hugh Lennox Bond, the Ku Kiux Klan, | and Civil Rights," The Maryland Historian 10 (Winter 1986) : 110-32, with Lou Williams. (not included) "Political Power and Constitutional Legitimacy: The South Carolina Ku Klux Klan Trials, 1871-72," Enory Law Journal 33 (Fall 1984): 921-51. “Progressive Reform and the Decline of Democratic Accountability:. The Popular Election of State Supreme Court Judges, 1850-1920," ican Bar Found esearch Jou (Spring 1984): 345-70. “Reprinted "in Robert F. Williams, State Constitutional. aw: Cases ad terials, 2nd ed.. (Charlottesville, Va.:: The Michie Company, 1993). “From Ballot to Bench: Popular Election and the = Southern Appellate Judiciary, 1832-1920," in, Ambivalent Legacy: Essays on the Lega] History of the South, eds., David J. Bodenhamer and James W. Ely, Jr., (University, Mississippi: University of Mississippi Press, 1984), pp. 229-55. (not included) . ——
13-00000 © P . "Isham Green Harris: Secessionist Governor of Tennessee," in Buck Yearns, ed., ed Vv (Athens: University of Georgia Press, 1985), pp. 185-94. “Constitutional Machinery and Judicial Professionalism’ The Careers of Midwestern State Appellate Court Judges, 1861-1899," in : essi. (s) e e ed., Gerard W. Gawalt (Westport, Conn.: Greenwood Press, 1984), pp. 29-49. . “*Think Things, Not Words’: Judicial Review in United States | Constitutional History," University of Florida Law Review 135 (1983): 281-95. (not included) "*Sometimes the Otter and Sometimes the Hound’: -. Political Power and Legal Legitimacy in American ‘History, A Review Essay," American Bar Foundation Research Journal 2 (Spring 1983): 429-39. (not included) “fhe Judiciary on Trial: State Constitutional Reform and the Rise of an Elected Judiciary, 1846-1860," The Historian 44 (May 1983): 337-54. Reprinted in Pittsburgh Federalist Society Newsletter, June, 1993. “For Whom the School Bell Tolls: The Substance ana Pedagogy of American Legal History," western Universi Law Review 77 (May 1982): 201-16. (not included) "Hacks and Derelicts Revisited: The American Territorial Judiciary, 1780-1959," Western Historical Quarterly 12 (July 1981): 273-89. "Mere Party and the Magic Mirror: California’s First Lower Federal Judicial Appointments," The Hastings Law Journa] ‘32 (March 1981): 819-37. (not included) "The Children of the Cabins: The Lower Federal Judiciary, Modernization, and the Political Culture, 1789-1899,* Northwestern University Law Review 75 (October 1980) ’ 432-71. "The Promises and Perils of Prosopography -- Southern Style," Vanderbilt Law Review 32 (January 1979): 331-39. “240 Men: The Antebellum Lower Federal Judiciary, 1829-1861," Vanderbilt Law Review 29 (October 1976): 1089-1129. (not included) ~ "101 Men: The Social Composition and Recruitment of the. Antebellum Lower Federal Judiciary, 1829-1861," Rutgers-Camden Law Journal 7 (Winter 1976): 199-227. (not “included) 10
13-00000 we “Social Backgrounds and Judicial Recruitment: A Nineteenth-Century Perspective on the Lower Federal Judiciary," The Western Political Ouarterly 29 (June 1976): 243-57. (not included) *Andrew Jackson and the Judiciary: The Michigan Territorial Judiciary as a Test Case, 1828-1832," Michigan History 59 (Fall 1975) : 131-51. (not included) “The Civil War Era as a Crucible for Nationalizing the Lower Federal Courts," a Archives 7 (Fall 1975): 177-86. Reprinted in Joel Silbey, ed., The Congress of the United States 1789-1989, vol. 1 (Brooklyn, NY: Carlson Publishing Company, 1991), PP. 127-136. ‘(not included) “West H. Humphreys and the Crisis of the Union," - gennessee Historical Quarterly 34 (Spring 1975): 48-69.” (not included) “Federal Judicial Reform and Proslavery Constitutional Theory: A Retrospective on the Butler Bill,* The American Journal. of Legal History 17 (April 1973): 166-84. Reprinted in Joel Silbey, ed., The Congress of the United States 1789-1989, vol. 1 (Brooklyn, NY: Carlson Publishing Company, 1991), pp. 137 ~- 156. “New Light on an Old Enigma: - Sam Houston and the Grand Saline," The Chronicles of Oklahoma 51 (Fall 1973): 335-43. (not included) io aphica irectories: contributor to Biographica ictiona U. S. Supreme Cou Justices, Melvin Urofsky, ed. (New York: Garland Publishing Co., forthcoming 1994). Two essays. (not included) Contributor to The Oxford Encyclopedia of World Politics (New York: Oxford University Press, forthcoming 1993). One essay. (not included) Contributor to The Encyclopedia of Southern Culture, ed. by Charles R. Wilson and William Farris (Chapel Hill: University of North Carolina Press, 1989). Four essays. (not included) - Contributor to The Encyclopedia of the American Constitution, ed. by Leonard Levy and Kenneth Karst (New York: Macmillan, 1986). Fourteen Essays, from 250 - 2,225 words in length. (not included) ll
13-00000 is. «? Contributor to Judges of the United States, 2nd sed. (Washington, D.C.: U.S. Government Printing Office, 1984). Over 1,000 biographical entries. (not included) Contributor to The Encyclopedia of Southern History, ed: by David €. Roller and John Twyman (Baton Rouge: Louisiana State University Press, 1979). Two essays. (not included) Reviews: Journal of American History (10) The Historian (7) - The American Journal of Legal History (5S) | The American Historica] Review (8) Journal of the Farly Republic (4 “. dovrnay ok she parly Republic (4) ae Detroit College of Law Review (1) * Reviews in American History (3) Pennsylvania Magazine of History and Biography (3) Judicature vanderbilt Law Review (1) The Midwest Review (1) e Veste storica] Quarte (3) orida Historica uarte (5) Constitutional Commentary (2) New York History (1) au and Histo eview @) Criminal Justice mo tas (1) Pocumentary Editing (1) Western Legal History (1) e Register of the Kentuck istorical Society (3) Georgia Historica) Quarterly (3) The Law and Politics Book Review (2) Speeches: *The Changing Supreme Court," Public Lecture, University of Kentucky, Louisville, Kentucky, October 18, 1993. "Time to Reclaim: The Social History of the Lower Federal courts," Detroit Historical Society, October 13, 1993. "Civil Rights and the Press," Public Lecture, The Gilman School, Baltimore, Maryland, March 29, 1993. "The Power of Comparison in Teaching About Rights," Public Lecture, The Mershon Center, Ohio State University, Columbus, Ohio. 12
13-00000 € b "The Changing Supreme Court," Public Lecture, Smithsonian Institution, Washington, D. C., October 1992. "Public Libel Law and Modern American Morality," Humanities Lecture Series, Kansas State University, Manhattan, Kansas, September 1992. “Sober Second Thoughts: Doing the History of the Federal Courts," Eleventh Federal Circuit Historical Society, Hilton Head, South Carolina, May 2, 1992. (included) "The Bill of Rights and original Intent," Keynote Address, University Symposium on the Bill of Rights, East Carolina University, Greenville, North Carolina, November 1991. “what We Know About the Bill of Rights at tvo-Hunared’% Yéars," Keynote Address, Central Michigan University; November 1991. “The Problem of Incorporation and the Second Amendment, * University of Arizona Law School, ‘Tucgon, Arizona, November 1991. “Is There a Core Body of Knowledge about the Constitution and the Bill of Rights?" Hearing Session Address, The Leon Jaworski Symposium about Teaching the Constitution and the Bill of Rights in the 2ist Century, Smithsonian Institution, Washington, D. C., August 1991. “First Things First: The ‘Central Meaning’ ef the ‘Bill of. Rights," Session Keynote _ Address, Annual Meeting of the Association for Education in Journalism and Mass — Communication, Boston, Massachusetts , August 1991. "The Bill of Rights in Comparative. International Perspective, * Session Keynote Address, National Conference of State Legislatures Annual Meeting, Orlando, Florida, August 1991. "The World We Have Lost: The Bill of Rights Today," Keynote _ Address, Georgia Bicentennial Commission Symposium on the Bill of Rights, Atlanta, Georgia, July 1991. "Teaching the Constitution and the Bill of Rights: What to Do and What Not to Do," Symposium on Teaching about Law in Community Colleges, Miami-Dade Community College, Miami, Florida, May 1991. "The Law of Libel and the First Amendment Revisited, " Symposium on the Bill of Rights, University of Minnesota | Law School, May 1991. =.
13-00000 ob a “The Cultural History of the Law of Libel," Department of History and College of Law, University of Illinois, April 2991. “The Legal Culture of the Great Plains," Keynote Addréss, Center for Great Plains Studies’ Symposium on the Bill of Rights, University of Nebraska, Lincoln, Nebraska, March 1991. "New York Times v. Sullivan and Its Times," Keynote Address;’ Drake University Law School Symposium on "Values in Conflict: the First Amendment and the Law of Libel," Des Moines, Towa, March 1990. "Civil Rights and the Law of Libel, 1950-1964," (gyracuse University Law School, October 1989. ; a _ “A Little Bad History is Too High A Price for Certainty in the Law," Keynote Address, Symposium on the History of Constitutional Rights, The Ohio State University, Newark, . April 1989. "Heed Their Rising Voices: The Civil Rights Background of New Times v. Sullivan," Boston University Law School, March 1989. "State Constitutions in the Political Process," Symposium on Constitutionalism and the Political Process, University of Illinois, November 1987. "The Imperial Judiciary at the Bicentennial of the Constitution," Keynote Address, Symposium on the Bicentennial of the United States Constitution, University of Alabama at Huntsville, March 1987. “Amending the Constitution," Jefferson Foundation National Meeting, Washington, D. C., June 1987. "The Law, Librarian and the New Legal History," American Association of Law Libraries, Chicago, July 1987. “original Intent and the Founding Fathers at the Bicentennial of the Constitution," Symposium on the History of Constitutional Rights, Pennsylvania State University, June 1987. — ; "The Constitution and the Judicial Power at the _ Bicentennial," Pensacola Nawal Air Station Association Bicentennial Celebration, Pensacola, Florida, September 1987.
13-00000 19. 20. @ b "The American Legal Tradition," Dinner Address, Dinner in- Honor of the Bicentennial of the U. S. Constitution, United States Embassy, Finland, Helsinki, Finland, February 1987. "The Imperial Judiciary," Loyola College of Law, ~ Chicago, Illinois, April 1987. "All Anchor and No Sail: The Historical Development of State Constitutions," Mississippi state Bar Association Symposium on Constitutional Reform, Jackson, Mississippi, May 1986. *The State of Constitutional and Legal History," Departiient -of History, Indiana University at Indianapolis, March 1986. "The Monster that Almost Ate Washington: Why We: Will Not Have a Second Constitutional Convention," Keynote Address, Utah Endowment for the Humanities Conference on Teaching About the constitution, Ogden, Utah,. March 1985. "Civil Rights ‘and the Federal courts During Reconstruction," Eleventh Circuit Historical. Society, Atlanta, Georgia, October 1984. _ "Dissent on the Texas Supreme Court, 1850-1920," Texas Tech University School of Law, Lubbock, Texas, April 1983. "The Supreme Court in American History, " American Studies Research Institute, University of Krakow, Krakow, Poland, June 1980. "“California’s First Federal Judicial Appointments," Historical Society of the Northern District. of California, San Francisco, California, April 1980. Congressional Testimony: U.S.House of Representatives, Subcommittee on Census and Population, September .11, 1980, HR 621.9, Bill to Commemorate the Bicentenary Era of the Federal Government. Selection: a. Do you know why you were chosen for this nomination by the President? The Organization of American Historians submitted my name to President Bill Clinton and that he wished, on the basis of that recommendation, to appoint persons with appropriate credentials under the statute. 15
13-00000 b b. What do you believe in your background or employment experience affirmatively qualifies you for this particular appointment? I believe that as a trained historian. who has practiced his craft for over 20 years I am well qualified for the position to which I have been nominated. In addition, I have extensive experience working with documents in the National Archives and, generally, dealing with issues related to the accessibility of legal and governmental documents. B. Future Employment Will you sever all connections with your present: ‘employers, business. firms, business associations or ‘business organizations if. you are confirmed by the Senate? 8 No, I see no reason to do so. I will continue as Dean of the Henry Kendall College of Arts and Sciences and Professor of History and Law at The University of Tulsa. Do you have any plans, commitments or agreements to pursue outside employment, with or without compensation, during your service with the government? If so, explain. Yes, in light of 1 above. Do you have any plans, commitments or agreements after completing government service to resume employment, affiliation or practice with your previous employer, business firm, association or organization? Yes, in light of 1 above. Has anybody made a commitment to employ your services in any capacity after you leave government service? - No, although I respond in light of 3 above. If. confirmed, do you expect to serve out your full term or until the next Presidential election, whichever is applicable? Yes. C. Potential Conflicts of Interest Describe all financial arrangements, deferred compensation agreements, and other continuing dealings with business . associates, clients or customers. , 16
13-00000 I will continue to draw my salary as Dean of the Henry Kendall College of Arts and Sciences at The University of Tulsa. Indicate any investments, obligations, liabilities, or other relationships which could involve potential conflicts of interest in the position to which you have been nominated. I know of no investments, obligations , liabilities, or other relationships which would involve a conflict of interest, real or potential. Describe any business relationship, dealing or financial . transaction which you have had during the last 10 years, whether for yourself, on behalf of a client, or acting as an agent, that could in any way constitute or result in a possible conflict of interest in the position to. which you have been nominated. I know of no business or other relationships, dealings, or financial transactions occurring in the last 10 years that pose any conflict of interest. Describe any activity during the past 10 years in which you have engaged for the purpose of directly or indirectly influencing the passage, defeat or modification of any legislation or affecting the administration and execution of law or public policy. © . I have no engaged in any activity during the past. 10 years that has involved directly or indirectly influencing the passage, defeat or modification of any legislation. Explain how you will resolve any potential conflict of interest, including. any that may be disclosed by your responses to the above items. (Please provide copies of any trust or other agreements.) In light of the above, no response is required. Do you agree to have written opinions provided to the Committee by the designated agency ethics officer of the agency to which you are nominated and by the Office of Government Ethics concerning potential conflicts of interest or any legal impediments to your serving in this position? Yes, I agree to have written opinions provided by the ethics officer of the appropriate agency and/or by the Office of Government Ethics.
13-00000 « D. Legal Matters Have you ever been disciplined or cited for a breach of ethics for unprofessional conduct by, or been the subject of a ‘complaint to any court, administrative agency, professional association, disciplinary committee, or other. professional group? If so, provide details. , No. Have you ever been investigated, arrested, charged or held by any Federal, State, or other law enforcement authority for . violation of any Federal, State, county or municipal law, regulation or ordinance, other than .a minor traffic offense? If so, please provide details. Have you or any business of which you are or were an officer ever been involved as a party in interest in any administrative agency proceeding or civil litigation? if So, provide details. No. Have you ever been convicted (including please of guilty. or nolo contendere) of any criminal violation other than a minor traffic offense? No. Please advise the Committee of any additional information, favorable or unfavorable, which you feel should be considered in connection with your nomination. None. E. FINANCIAL DATA (Retained in Committee Files.)
13-00000 « Aff idavit . Kermit L. Hall, being duly sworn, hereby states that he has read and signed the foregoing Statement on Biographical and Financial Information and that the information provided therein is, ‘to. the best of his knowledge, current, accurate, and complete. (signed) 1993 Subscribed, and sworn before me this a0 day of Rous emmy pAs 24
13-00000 PRE-HEARING ANSWERS FROM KERMIT L. HALL TO BE A MEMBER OF THE ASSASSINATION RECORDS REVIEW BOARD “ (9) ON OCESS_AND CON Were any conditions, expressed or implied, attached to your nomination to be.a member of the Assassination Records Review Board (ARRB)? — No. Have you made any commitments with respect to policies or programs affected by your role as a member of the ARB? , 1 if so, what are they? a No. Are there any issues involving the ARRB from which you may have to disqualify yourself? If so, please explain. No. Have you been a party to any legal actions or administrative proceedings pertaining to access to, or disclosure of, federal records on the subject of the assassination of President Kennedy? No. it. ROLE AND RESPONSIBILITIES What particular qualifications and experiences do you bring to the role of being a member of the ARRB? , I am a practicing historian of 21 years experience with a thorough knowledge of American history and of archival and recording management techniques. I have previously served on committees and task forces charged with improving the retention of both electronic and paper records. My service as a scholar demonstrates, I believe, an even-handed approach to major issues, a willingness to weight evidence impartially and ‘fairly, and to pursue truth with fidelity to the evidence. Moreover, I have successfully brought to press books and articles that have withstood the scrutiny of my peers. I have worked extensively in archival, manuscript, and other governmental materials, both of the nineteenth and the twentieth centuries. These qualities of professionalism, — character, energy, and experience are essential to the
13-00000 i . a effective fulfillment of the duties of a member of the ARRB as required under the statute. What do you consider to be your primary responsibilities and priorities as an ARRB member? As a member of the Board, I will be asked to consider whether a record constitutes an assassination record and whether an assassination record or particular information in a record qualifies for postponement or disclosure under the statute. In fulfilling these responsibilities I will be required to adhere . faithfully to the letter and spirit of the enabling legislation, which carries a presumption of the immediate disclosure of all records relating to the assassination. of President John F. Kennedy. My responsibility is to serve the public .interest in meeting this. presumption with the understanding that some materials may pose important fesues of national security, identify a living persen who provided confidential information and would pose a risk of harm to that person, invade privacy to a degree that outweighs the public interest, and/or compromise a security or protective procedure currently employed. In these cases a decision to postpone the release of a document may be warranted. The burden in these instances is clearly on the agency or other entity holding the record to demonstrate that the presumption of release should be set aside.. In every instance the question must be answered whether the release of a document would be so harmful as to outweigh the public interest in releasing it under the terms of the statute. ‘How do you envision your relationship and responsibilities <= as an ARRB member -- to (a) the President, (b) the Congress, and (c) other executive branch agencies? As a member of the ARRB, I recognize that my official conduct falls under the oversight of the Committee on Governmental. Operations of the House of Representatives and the Committee on Governmental Affairs of the Senate. Board members have a duty to cooperate with the exercise of such oversight jurisdiction. At the same time, the ARRB has authority to direct Government offices to provide documents and related finding aids for assassination records and, if necessary, to investigate the facts surrounding additional information, records, or testimony from individuals which may reasonably be required for me to perform my duties under the statute. The statute creating the ARRB provides that after it has made a finding with regard to documents obtained or developed solely within the executive branch, the President has the sole and nondelegable authority to require the disclosure or postponement of such record or information under the appropriate provisions of the statute. Throughout, the statue clearly provides that the ARRB engaged in a mutually 2
13-00000 t a e constructive dialogue with the executive branch and the Congress about the character and disclosure of documents. How do you view the job of ARRB Executive Director? What role do you anticipate playing in the selection of ARRB Executive Director and staff? a Members of the ARRB are charged with appointing an Executive Director, whose. responsibilities include serving as a principal liaison to Government offices; administering and coordinating the Board’s review of records; and administering the official activities of the Board. The Executive Director will have no authority to decide or determine whether any record should be disclosed to the public or postponed “for disclosure. That duty resides with the Board alone. ‘The selection of staff members will be done in. keeping .with the statutory requirements. Staff members will have no adthority to determine whether a record should be disclosed’ er postponed. POLIC ss Have you made any public statements “= oral or written -- regarding the assassination of President Kennedy or the public availability of government records. regarding this assassination? Please explain, and provide copies of any relevant material. ; . I have made no public statements. a) Can you describe what prior experience you have had, if any, with using or examining security classified records _of the Federal Government? From 1968 to 1969 I served as an officer in the United States Army, a position that required me to handled many classified documents and other materials. These documents ranged from war plans, to encrypted messages, to memoranda and working papers on various intelligence matters. b) What do you think of our current security classification system? For example, would you say it operates well, has integrity, and serves the public interest? Although I have not worked with classified documents for some time, my general sense is that the present system probably. leans too heavily toward classification and over-classification of materials that really do not deserve protection. My own experience in years past suggests a tendency to make secret that which is- confidential and confidential. that which is really not 3
13-00000 ae i sensitive. Such a practice is perhaps understandable, - given the vicissitudes of national security, but openness and the general availability of information about the conduct of government is to be cherished in a democracy. One of the duties of the ARRB will be to determine what constitutes an “assassination record". What criteria do you think should be used to make this decision? The statute creating ‘the ARRB defines an assassination record as a record that is related to the assassination of President John F. Kennedy, that was created or made available for use by, obtained by, or otherwise came into the possession of the Warren Commission, the Rockefeller Commission, the Church Commission, the Pike Commission, the House Assassination Committee, the Library of Congress, the National Archives, Presidential libraries, any Executive agency, any indépendent agency, any other office of the Federal Government, and. any State or local law enforcement office that provided support or. assistance or performed work in connection with a Federal inguiry into the assassination of President John F. Kennedy. I understand that autopsy records donated by the Kennedy family to the National Archives pursuant to a deed of gift regulating access to those records,. or copies and reproductions made from such records, are not included. V._R! IONS WI CONG Do you agree without reservation to respond to any reasonable summons to appear and testify before any duly constituted committee of the Congress, if confirmed? . Yes. Do you agree without reservation to reply to any reasonable request fox information from any duly constituted committee of the Congress, or its duly authorized agent, if confirmed? Yes. Ck Le SN tel Vo \S Nw. 1942 Kermit L. Hall Date
13-00000 United States Senate i Committee on Governmental Affairs Biographical and Financial Information requested of Nominees ’ ve A. Biographical Information - 3 41. Name: William L. Joyce 2. Position to which nominated: Member of the Assassination Records Review Board 3. Date of nomination: Friday, October 22, 1993 4. Address: = 99 McCosh Circle Princeton, N. J. 08540-5626 Princeton University Library 1 Washington Rd. Princeton, N. J. 08544-2098 5. Date and place of birth: Rockville Centre, N.Y. on March 29, 1942 6. Marital status: Married on August 13, 1967 to Carol Bertani Joyce 7. Names and ages of children: Susan, age 25, and Michael, age 21
13-00000 8. 9. Education: -2- Freeport (N. Y.) Junior- Senior High School September, 1954- June, 1960 N. Y. S. Regents High School diploma Providence (R. 1.) College September, 1960- June, 1964 B. A. degree St. John’s University (N. Y.) e September, 1964- June, 1966 M. A. degree The University of Mictigan¢ at Ann Arbor September, 1966- August, 1974. Ph. D. degree in American history Employment Record: . William L. Clements Library The University of Michigan _ Manuscripts Librarian: March, 1968- September, 1972 American Antiquarian Society Worcester, Massachusetts Curator of Manuscripts: October, 1972- July, 1981 Education Officer: _ duly, 1977-July, 1981 The New York Public Library New York, N. Y. Assistant Director for Rare Books and Manuscripts: August, 1981- December, 1985 _ Princeton University Library Princeton, N. J. Associate Librn. for Rare Books and Speciat Collections: yanuary, 1986- present
13-00000 -3- 10. Military Service: None 11. Government experience: City of Worcester, Mass., Stubbs Drawings Fund Advisory Committee, 1979- 80 Massachusetts L.S.C.A. Advisory Board, 1975-77 New York State Historical Records Adv. Board, 1984- 86 New Jersey State Historical Records Adv. Board, 1987- — —— Panelist, National Endowment for the Humanities, 1975, 1980, 1988, and 1990. | -Project consultant, “Assessment and Reporting Project," National Histdffcal Publications and Records Commission, 1983- 84 12. Previous appointments: | have not previously been nominated for any position requiring Senate confirmation. 13. Business relationships: | Trustee, Conservation Center for Art and Historic Artifacts, 1992- ‘present Consultant to: Essex Institute, Salem, Mass., 1980-81 New Bedford Whaling Museum, 1980- 83 Dukes County (Mass.) Historical Society, 1979 The University of Wyoming, 1980 The New-York Historical Society, 1984- 85, 1987- 88, and 1990. 14. Memberships: Society of American Archivists Committee on Professional Standards, 1987-1 992 (Chairman, 1988-1 989) Vice-President then President, 1985-1987 Council, 1981-1985 Co-chairman, 1981 Program Committee, Annual Meeting Berkeley, CA Fellow, 1981 Member, Committee on Archival Information Exchange, 1982-1984
13-00000 -4- . Chairman, Task Force on Institutional Evaluation, 1977-1982, (see Publications) ’ . Member, Committee on Education and Professional Development, 1976- 1985 . _ Princeton Library in New York Trustee, 1993- Rare Books and Manuscripts Section, Association of College and Research Libraries (ALA). Vice-chairman then Chairman, 1987-1 989 Pianning Committee, 1991-1993 Continuing Education Committee, 1984-1 986 Publications Committee, 1985-1989 Bibliographical Society of America _ Chairman, Fellowship Committee, 1981-1985 Advisory Committee Chairman, Publishing History: Sources Project, 1984- 1990 Research Libraries Committee, co-sponsored by the American Council of Learned Societies, The Association of American Universities, and the Council on Library Resources, 1987-1990 The Grolier Club of New York City, 1983- Council, 1990- 93 Research Libraries Group Advisory Task Force on Functional Requirements for the AMC Format, 1980-1981 Committee on Archives and Special Collections, 1985-1 991 American Historical Association Member (elected), Professional Division Committee, 1979-1981 | Memberships only: American Antiquarian Society American Library Association American Printing History Association. Colonial Society of Massachusetts Mid- Atlantic Region Archives Conference New-York Historical Society Friends of the New York Public Library
13-00000 5- Princeton Club of New York William L. Clements Library Associates, The University of Michigan 15. Political affiliations and activities: a) [have never held office in a political. party or been a candidate for public office. b) {have not been a member of or held office In a political party or election —- committee. c) Though I have made contributions to candidates for public office, ] have never contributed as much as $50 to any candidate. a 16. Honors and awards: _ Graduate assistantship, St. John's University, 1966. Dissertation research grant, The University of Michigan, 1970 Fellow, Society of American Archivists, 1981 17. Published writings: “The Scholarly implications of Documentary Forgeries," in Eorged — s: Proce pf ference, Pat Bozeman, ed. New Castle, Del.: Oak Knoll Books, 1990. "Foxes Guarding the Hen House: res | in Special Collections," ' ' Provenan mal of f Georgi , V.7 (1989), 53-60. “Archival Education: Two Fables,* American Archivist, v.51 (1988), 16-22. “The Evolution of the concert of Spee Collections i in American Research Libraries,” Rare Book ibrari , Vv.3 (1988), 19-30. “An Uneasy Balance: oenteton and Professionalism" , American Archivist, v.50 (1987), 7-12. “Rare Books, Manuscripts, and Other Special Collections Materials: integration or Separation?" College and Research Libraries, v. 45 (1984), 442-45. “Archivists and Research Use," American Archivist, v.. 47 (1984), 124-33. nate on Records Pepostones in Documenting America: th ndition of I rds in th , Lisa B. Weber ed. (Washington, D. C.: National Historical Publications and Records Commission, 1984).
13-00000 -6- with David D. Hall, Richard D. Brown and John B. Hench, eds. , (Worcester, Mass.: American Antiquarian Solent 1983). -with Mary Jo Pugh, Evaluation of Archival Institutions: Services, Principles, Guide to Self-Study (Chicago: Society of American Archivists, 1982) -  “Antiquarians and Archaeologists: The American Antiquarian Society, - 1812-1912," Proceedings of the American Antiquarian Society, v. 89 (1978), 123-52.:-. - “{ntroduction,’ in { American Antiquarian Society, 4 vols. (Boston: G. K. Hall and Co.,.1979). with Michael G. Hall, “The Half-Way Covenant of 1661: Some-New Evidence,” Proceedings of the American Antiquarian Society, 5 87 (1977), 97-110. (New York: ‘Amo Press, 1976). we ” 18. Speeches: | do not believe that | have made any speeches on topics directly relevant to the position for which | have been nominated. 19. Congressional testimony: On March 10, 1987 | testified briefly as President _ of the Society of American Archivists before the House Committee on Appropriations, Subcommittee on the Interior, in support of the annual appropriation for the National Endowment for the Humanities. . 20. Selection: a) | was selected by the President from among three nominees supplied by the. President of the Society of American Archivists, in accordance with the procedure outlined in Assassination Materials Disclosure Act of 1992 (P.L. 102-526). b) My education as a historian and my background and experience as a professionally active archivist, curator, research library administrator, and archival educator qualifies me for the position for which | have been nominated. B: Future Employment Relationships: 1. Because the position for which | have been nominated is a temporary responsibility as a member of a Federal board, | have r not resigned my permanent, full-time position at Princeton University.
13-00000 iy A 2. Ihave not resigned my permanent position at Princeton University, as | have stated above, and expect to meet my responsibilities at Princeton while also serving the goverment. | also have a temporary teaching assignment for a twelve week period, from January 10 through March 25, 1994, at the University of California, Los | Angeles, though | have arranged my schedule in order to be able to attend meetings of the Assassination Records Review Board. | have also arranged a leave from ‘Princeton for this period. 3. | My only commitment during my service with the government Is to continue In my permanent position working for Princeton University, as stated above. 4. The only commitment that | have alter my government service is conclided, is. to continue my work in the Princeton University Library. | have received no other’ offers for commitment of my services after this assignment is concluded. 5. If confirmed, | will continue my service on the Assassination Records Review Board for as long as necessary. 1. The only financial arrangements that | have maintained are those related to the exercise of my duties in the Princeton University Library and as a temporary instructor in the Graduate School of Library and Information Science at UCLA this coming Winter quarter. 2. | do not believe that | have any investments, obligations, liabilities, or other relationships which could involve potential conflicts of interest in the position for which | have been nominated. 3. [donot believe that | have had any business relationship, dealing, or financial transaction over the last ten years that could constitute or result in a possible conflict of interest in the position for which | have been nominated. ~ In the past ten years, the only activity in which | have engaged to influence the passage, defeat or modification of any legislation or affecting the administration and execution of law or public policy, has been to write occasional letters on behalf of legislation affecting my chosen professions of research librarianship and archives.
13-00000 off. - 5. Should there be any possible conflicts of interest in connection with my service as a member of the Assassination Records Review Board, | would receive e information from all affected parties, and take appropriate steps to eliminate the conflict. . 6. | agree without reservation to having written opinions provided to the Committee by the designated agency ethics officer of the agency for which | have been nominated, as well as by the Office of Government Ethics concerning potential conflicts of interest or any legal impediments to my serving in the Position for which | have been nominated. D. Legal Matters 1. | have never been disciplined or cited for a breach of ethics for unprofessional conduct by, or been the subject of a complaint to any court, administrative agency, professional association, disciplinary committee, or other professional group. 2. | have never.been investigated, arrested, charged or held by any Federal, State, or other law enforcement authority for violation of any Federal, State, county or municipal law, regulation, or ordinance. 3. | have not been involved as a party in interest in any administrative agency proceeding or civil litigation, nor has any business of which | am or was an officer. 4. Ihave never been convicted (or offered pleas of guilty or nolo contendere) of any criminal violation other than minor traffic offenses. ; . | 5. lamnot aware of any other information, favorable or unfavorable, which | think should be considered in connection with my nomination. E. FINANCIAL DATA (Retained in Committee Piles. )
13-00000 ANSWERS TO PRE-HEARING QUESTIONS BY WILLIAM L. JOYCE 7 i. NOMINATED TO BE A MEMBER OF THE ASSASSINATION RECORDS REVIEW BOARD 4 There have been no conditions, expressed or implied, attached to my nomination to be a member of the Assassination Records Review Board (ARRB). 2. | have made no commitments with respect to policies or programs _ affected by my role as a member of the ARRB. 3. |‘ | am not aware of any issues involving the ARRB from which | would have to disqualify myself. 4, | have not been a party to any legal actions or administrative proceedings pertaining to access to, or disclosure of, federal records on the subject of the assassination of President Kennedy. — |. ROLE AND RESPONSIBILITIES 1. The particular qualifications and experience that | bring to the role of being a member of the ARRB are the training and experience | have acquired as a historian, in addition to my work-related experience as an archivist and. research library administrator. __ 2. My primary responsibilities and priorities as an ARRB member are to establish, in concert with other. Board members, clear policies and sound _ procedures that can guide the work of the staff that the Board is to hire. Once policies and procedures are set and staff is in place, it is the Board's clear responsibility to oversee the training of staff in effective procedures for reviewing classified records, to advise staff in problem areas, and to oversee their work generally.
13-00000 . &; “2- As an ARRB member, | envision my relationship and responsibilities to: a) the President to be one of faithfully executing to the best of my ability the provisions contained in the President John F. Kennedy Assassination Records Collection Act of 1992; — | b) the Congress to be one of fulfilling the purposes of the same =~ legislation to the best of my ability, and to responding fully to — requests for information from appropriate oversight groups conceming our progress; c) other executive branch agencies to be one of cooperating to the utmost of my ability to facilitate the review of any of their assassination records and to provide them with full information ais a conceming our activities. Se 4. | view the job of ARRB Executive Director to be one of organizing staff for the most efficient and effective implementation of the policies and procedures — adopted by the Board. Apart from setting policies and procedures, there is no more important task for the.Board than hiring the best-qualified Executive Director and overseeing the Executive Director's hiring of staff. Hi. POLICY ISSUES 1. | have not made any public statements-- oral or written-- regarding the assassination of President Kennedy or the public availability of goverment | records regarding this assassination. 2. As an ARRB member, | will be examining security classified records with a view to at least partial public disclosure: a) | have had prior experience with security classified records first in working with the Papers of Senator Arthur Vandenberg at the William L. Clements Library at The University of Michigan, where we had to initiate a declassification review of parts of those papers, and, second, in my current duties at Princeton University where we have had to initiate contact with the State Department conceming the declassification review of hundreds of reels of microfilm of the most important state documents as selected by John Foster Dulles himself. b) The current security classification system certainly has integrity. | would hope that, in the interest of a fully informed citizenry and accountable public officials, that somewhat more emphasis might be given to disclosure of records after the passage of a specified period of time, allowing for agency VI-TE-C3S YS :9EFM FANS wes
13-00000 -3- _ initiative to classify records beyond that time when they fall into specific -* eategories that, in order to protect the national interest or privacy interests, must continue to be restricted. | a. oe 3. _ The crtiteria to be used to determine what constitutes an assassination | record will likely consist of several elements: the proximity of the record either to the time of the assassination or to the related activity of an assassination ' principal, and/or the content of the record manifestly relating it to the ’ assassination, or an association of the record to the related activity of someone known to have been involved in events plausibly connected to the assassination. . —. IV.__RELATIONS WITH. CONGRESS 1. if confirmed, | agree without reservation to respond to any reasonable summons to appear and testify before any duly constituted committee of the Congress. | 2. If confirmed, | agree without reservation to reply to any reasonable request for information from any duly constituted committee of Congress, or its duly auithorized agent. PRASRCRVBD/Pre-hearing questions.wn PIsVE-O3 12:18PM POO. BEI Q el ttt LE LT AL TE, ro ; va .
13-00000 ~ A. BIOGRAPHICAL INFORMATION NN 1. Name: Anna Kasten Nelson (former name used: Anna Louise Kasten) 2. Position to which nominated: | John F. Kennedy Assassinations Records Review Board +e - 3. Date of nomination: October 25, 1993 . ’ PEE 4. Address: fos Residence: 3121 Quebec PL.N.W., Washington, D. o. 20008 Office: Department of History, The American. University | Washington, D.C. 20016 5. Date and place of birth: Fort Smith, Arkansas, 12/1/32 - 6. Marital status: Married, Paul Nelson 7. Names and ages of children: Eric M., 34. Michael S., 31 8. Education: List secondary and higher. education institutions, dates attended, degree received and date degree granted. Ft. Smith (AR) High School, 1950 Ft. Smith Junior College (now Westark), 1950-1952, A.A. University of Oklahoma, 1952-1954, B.A. University of Oklahoma, 1954-1956, M.A. Ohio State University, 1961-1964, Ph.D.. candidate George Washington University, 1965-1972, Ph. D. 9. Employment ‘record: List all jobs held since college,: including the title or description of job, name of employer, location of work, and dates of employment. (See attachment A) 10. Military Service: List any military service, including dates, rank, and type of discharge. None
13-00000 il. §; Page 2 Government experience: List any advisory, consultative, honorary or other part-time service or positions with Federal, State, or local governments, other than those list above. a. Department of State Advisory Committee on Historical Diplomatic Documentation (Representing the Organization of American Historians) b. Reviewer and/or Panel Participant, National Endowment” of the Humanities 12. Previous Appointments: Prior to this appointment, have you ever been nominated for a position requiring. confirmation by ‘the Senate? No ne, Ses 13. Business relationships: List all positions hela as an officer, . 14. director, trustee, partner, proprietor, agent, representative, or consultant of any corporation, company, firm, partnership, or other business enterprise, educational | or other institution. None . - Memberships: List all memberships and offices “held in professional, business, fraternal, scholarly, civic, . public, - charitable and other organizations. American Historical Association. Jt. Committee of Historians & Archivists, 1988-1991 Member (elected), Research Division, 1986-1988 Congressional Fellowship Committee, 1984 Organization of American Historians Committee on Access, 1982-1988 (Chair, | 1984-1986) Jt. Committee of Historians & Archivists, 1982-1984 . (Chair, 1983) Frederick Jackson Turner Prize Committee, 1980 Society for Historians of American Foreign Relations Editorial Board, Diplomatic History, 1991-1993 Committee on Documentation, 1989~1991 (Chair) Government Relations Committee, 1985 National Council of Public History Editorial Board, The Public Historian, 1991-1993 Publications ‘Committee, 1985-1989 (Chair) Executive Committee, 1984-1986 Society for History in the Federal Government | - Executive Committee, 1980, and 1993~1994. 15.Political affiliations and activities: (a) List all offices with a political party which you have held or any public office for which you have been a candidate. . None ey ~ heres
13-00000 Page 3 (b) List all memberships and offices held in and services rendered to all political parties or election committees during the last 10 years. None (c) Itemize all political contributions to any individual, campaign organization, political party, political. action=: committee, or similar entity of $50 or more for the past 5 years. Records only available for last three years. 4 1991 - Emily’s List .....$200 1992 <- Emily‘’s List .....$700 vo 1993 - Emily’s List .....$100 . PE 2 16. Honors and awards: List all scholarships, fellowships, nonoriiey degrees, honorary society memberships, military medals. and any other special recognitions for outstanding service or achievements. Society for History in the Federal Government, Franklin D. Roosevelt Prize, 1988 (For the Advancement of Historical Study of the Federal Government. Harry S. Truman Library Institute, Research Grant, 1987 American Historical Association, Beveridge Grant, 1985 George Washington University, Graduate Fellowship, 1968 University of Oklahoma, Tuition. Scholarship, 1953 ot 17. Published writings: List the titles, publishers, and dates of books, articles, reports or other published materials which you have written. It would be helpful for the Committee_to have three copies of each published writing. Please denote any of those for which you are unable to provide. copies. See. Attachment B , including list of copies — supplied. 18. Speeches: Provide the Committee with three copies of any formal speeches you have delivered during the last 5 years of which you have copies and are on topics relevant to the position for which you have been nominated. The following is a list of speeches. Some have been reprinted (see publications). Others do not seem relevant to this position but can be made avaible to the Committee if so desired. "Foreign Policy of. Woodrow Wilson," Smithsonian Associates, October 1993 (notes only). ' "Rethinking NSC 68," Seminar on the Cold. War, Institute . of Policy Studies, October 1991. . "George Aiken: Senator from Vermont," Aiken Lecture Series Conference, October 1991 ,
13-00000 e 4 f * Eisenhower and the National Security Process," Lecture, Eisenhower Center, University of New Orleans, October, 1990. " The Evolution of the American Foreign Policy Process _ from. Roosevelt to Reagan," Lecture, Foreign Relations Association of New Orleans, April 1990. (notes only) "Kennedy’s National Security Policy: A Reassessment." American Historical Association, December 1989. - “Researching Congress: The Paradox of Sources, " OAK Bicentennial Research Conference on the Congress, 1989. . Se "Before the National Security Adviser: Did the NSC Matter?" Soc. for Historians of American. Foreign Relations, June 1988. “Themes in American Diplomacy, Foreign Service ‘Institute, May 1988. (notes only) oe SO 19. Congressional Testimony: Have you ever testified before a Committee of the Congress? If so, please provide details, including date(s). a. Senate Judiciary Subcommittee on the Constitution, November 12, 1981, in support of Freedom of Information Act, (FOIA). Representing the Organization of American Historians (OAH) . b. House Subcommittee on Government Information and “Individual Rights, March 10, 1982, in opposition to the . draft Executive Order on National Security Information. Representing the American Historical Association (AHA), OAH, and Society of Historians of American- Foreign Relations _(SHAFR) . c. Senate Select Committee on- Intelligence, June 28, 1983, on S. 1324, in opposition to the CIA modificatiorr _ Of FOIA. Representing OAH and AHA. = d. Senate Committee on. Governmental Affairs, September 9, 1986, in opposition to unqualified nominee for Archivist of U.S. Representing the Society for History in the Federal Government. e. House Subcommittee on Rules of the House, September 17, 1986, in support of H.Res. 114 (preservation and access to House records), Representing the. National | Coordinating Committee for the Promotion of History. 20. Selection: (a) Do you know why you were chosen for this nomination by the President? Name included on list of names provided by the American Historical Association. (b) What do you believe in your background or employment experience affirmatively qualifies . you for this particular appointment. ‘si
13-00000 Page 4 First, since 1976, when I became a staff member of the Public Documents Commission, I have been engaged in studies.:of public records and have become knowledgeable about governzient — recordkeeping and archival practices. I also have been a consistent supporter of the preservation of records and timely access for historical research. Between 1980 and 1988, I participated as a speaker on 15-16 programs having to do ‘with public records,..- archives or government information policy. Second, as an active researcher in foreign policy records as well as congressional records during the initial stages of the Cold War era, I also have an understanding of the nature of research and the kind of documentation required for such ‘research. Third, as a member of an advisory committee: on ‘documentation in the State Department (which required a security Clearance), I have an appreciation of the kinds of “docunents that government agencies find too sensitive to release. Finally, I believe that in my work on preservation and access I have illustrated a personal integrity that has allowed me to gain the trust of my professional colleagues. B. FUTURE EMPLOYMENT RELATIONSHIPS Not Applicable | C. POTENTIAL CONFLICTS OF INTEREST 1. Describe all financial arrangements, deferred compensation agreements, and other continuing dealings with business associates, clients or customers. none 2. Indicate any investments, obligations, liabilities, or other relationships which could involve potential conflicts of interest in the position to which you have been nominated. none . ne 3. Describe any business relationship, dealing or financial transaction which you have had during the last 10 years, whether for yourself, on behalf of a client, or acting as an agent, that. could in any way constitute or result in a possible conflict of interest in the position to which you have been nominated. none 4. Describe any activity during the past 10 years in which you have engaged for the purpose of directly or indirectly influencing the passage, defeat or modification of any legislation or affecting the administration and execution of law or public ppolicy. See item 19, testimony before Congress. 5. Explain how you will resolve any potential conflict of interest, including any that may be disclosed by your responses to the above items. (Please provide copies of any trust or other agreements.) not applicable
13-00000 Xe bs Page 5 6. Do you agree to have written opinions provided to the Committee -by the designated agency ethics officer of the agency to which you are nominated and by the Office of, Government Ethics concerning patential conflicts of interest or any legal impediments to’ your serving in this positionF? . Yes. DD. LEGAL MATTERS 1. Have you ever been disciplined or cited for a breach of ethics for unprofessional conduct by, or been the subject of a complaint to any court, administrative agency, professional association, disciplinary committee, or ‘other professional group? Fees No oo 2. Have you ever been investigated, ‘arrested, charged or held’ by any Federal, State or other law enforcement authority | for. violation — of any Federal, State, county or municipal law, regulation or ordinance, other than a minor traffic office? No 3. ‘Have you or any business Of which you are or were an officer ever been involved as a party in interest in any administrative agency proceeding or civil litigation? No, 4. Have you ever been convicted (including pleas of guilty er nolo contendere) of any criminal violation other than a minor traffic offence? No — 5. Please advise the Committee of any additional information, favorable or unfavorable, which you feel should be considered in connection with your nomination. No additional information seems necessary.
13-00000 PROFESSIONAL EXPERIENCE Academic aS Adj. Professor in History | The American University, 1986-1988, 1992- . Distinguished | Visiting Professor in History ' Arizona State University, January-June, 1992 Assoc. Professor in History ‘The American University, 1991 4* . adj. Assoc.- Professor in History Tulane University, 1988 - 1990 oe Director, Landmarks. Program in American History, - The American University, 1987-1988. Coordinated a biennial conference cosponsored by the Smithsonian’s National Museum of American History, “Women and the Constitution: 200 ‘Years. Adjunct Associate Professor in. History George Washington University, 1977 - 1985 Director, History and Public Policy Program, George Washington ‘University, 1980-82. - Established a new M.A. program within the history department to prepare historians for professional participation in. , public agencies and private organizations concerned ‘with | public policy. — Visiting Assistant Professor in History, George Washington University, 1975-1976. One year appointment in U. Ss. Diplomatic History. Instructor, Assistant/Associate Professorial Lecturer in History, George Washington University, 1970-1975 '
13-00000 eo _& PROFESSIONAL EXPERIENCE Concurrent Non-Academic Positions Consultant, Historical Division, Army Corps of Engineers, 1985-89, Prepared'a book length manuscript on the history of the Office of the Assistant Secretary of the Army/Civil Works. Book based upon research in federal records and manuscript — collections as well as oral interviews. Project Director, Committee on the Records of Government July 1983-April 1985. Chief investigator, administrator, and author with Committee Chairman Ernest R. May of the final report of a foundation funded study sponsored by ACLS, SSRC, and CLR. Creation.of the Committeee was prompted by a concern for the effect of. technological changes (principally computers) on public me records and archives. Historical Consultant, National Academy of Public Administration panel, "The Role of the President in Managing the Federal Government," 1979-80. Organized and coordinated research in four presidential libraries and the National Archives for a group of political scientists preparing issue papers for. panel meetings, and books and articles for publication. Prepared chapter for publication on the President and the National Security council. Consultant,. Congressional Research Service (National Government Division), Library of Congress, July-August, 1979. Organized and prepared a report on government historical effices, federal records and the National Archives and Records Service. This report was prepared at the request of the Subcommittee on Government Information, Government Operations Committee, U.S. House of Representatives. Consultant, Congressional Research Service (Foreign Affairs and National Defense), Library of Congress, September 1978- January, 1979. Researched material in presidential libraries and private manuscript collections for a report on the role of Congress in the Vietnam War. Also conducted oral interviews with former members of Congress and former members of the Executive. Staff Consultant, Select Committee on Congressional Operations, U.S. House of Representatives, July - September, 1978. Organized, researched and prepared a draft report on the records of the House of Representatives and the papers of Members of Congress. . ah
13-00000 Consultant, Bicentennial Council of the Thirteen Original States, September 1977- February 1978. — Prepared history-related material for a commemorative conference held in York, Pennsylvania, November 1977. Assisted in conducting. a conference of educators from museums, libraries, national organizations and adult education groups. interim Director, "project 87," a project co-sponsored by the American Historical Association and the American Political Science Association, June-August, 1977. Coordinated the activities of the funding groups and sponsoring organizations. Created an administrative . “=. framework for the initial stage of the project. =. wey 4 Research Associate, - National Study Commission on Records and Documents of Federal Officials, June 1976-May 1977. Initiated and prepared two studies for the Commission; a study of foreign policy records and papers; and a study of government historical offices and public records. Also prepared a study of the federal depository library progran, - assisted the director in conducting panels and public — hearings and assistedin writing and editing the first and subsequent drafts of the Commission report.
13-00000 PUBLICATIONS *The Importance of Foreign Policy Process: Eisenhower and the.-’ National Security Council," in Eisenhower: A Centenary Assessment, LSU Press, (forthcoming) . *The Ubiquitous Mr. Clifford," (Review Essay), Diplomatic’ ‘History, Winter 1993. *The Historian‘ s Dilemma," Understanding Congress: Research Perspectives, Government Printing Office, 1991. "President Kennedy’s National Security Policy: A Reassessment, ™ Reviews in American History, "Government-Sponsored Research: A Sanitized Past?" ~ (Roundtable), The Public Historian, Summer 1988. "John Foster Dulles and the Bipartisan Congress," Political Science Quarterly, , Spring, 1987 “The Committee on the Records of Government: An ‘Assessment, sovernment Information Quarterly, Spring, 1987). *Jane Storms Cazneau: Disciple of Manifest Destiny," *rrologque, (Spring. 1986). fo “president Truman and the Evolution of the National Security ‘ouncil," Journal of American History, September, 1985. “on Top ef Policy ‘WiLL’: President Eisenhower and the ational Security Council." Diplomatic History, Fall, 1983. State Department Policy Planning Staff apers, 1947-1949 (3 vols.), (ed.). Garland Press, 1983 “The Public Documents Commission: Politics and Presidential scords," Government Publications Review, Vol. 9, 1982. “Challenge of Documenting the Federal Government in the itter 20th Century,” Prologue, July, 1982. “National Security I: Inventing A Process (1947-1960) ," :clo/Salamon, eds. The Illusion of Presidential Government. ‘stview Press, 1981. , "Destiny and Diplomacy, 1845-1865," Haynes/Walker,eds. erican Foreign Relations: A Historiographical Review, Greenwood ess, 1981 March 1991. Pee a* i : ‘et
13-00000 - "Disorder in the House: Historian, Summer, 1980. wow («8 & The Inaccessible Record," The Public . v b, : *; The Recordswof Federal Officials, (ed.) Garland Press, 1979. “Government Historical Offices and Public Records," American Archivist, October, 1978. “Mission to Mexico: Moses Y. Beach, Secret Agent," New-York . a Historical Society Quarterly, July, 1975. "Secret Agents and Security Leaks: James K. Polk and the Mexican War," Journalism Quarterly, Spring, 1975. be. Secret Agents: President Polk and the Search for Peace with Mexico, Revised Ph.D.. dissertation published in the Modern American History Series, Garland Press, 1988. it ket Professional Newsletters and Newspapers —_ "The U.S. Must Declassify Its Cold-War Documents," (with | Richard H. Kohn), The Chronicle of Higher Eoucebion, (Point of View), September 16, 1992. "Congress Must Harness NSC," New Orleans Tines- Picayune, Suly 14, 1989. “Irrational Policies on Access to Government Records Are Indercutting Our Ability to Understand History," The Chronicle of iigher Education, (Point of View), ‘September 28, 1988. "Classified History," Newsletter, Organization of American listorians, August, 1984. “In Support of History," Perspectives (American Historical " ssociation Newsletter), February, 1984. “History Without Historians," Newsletter, American Historical ssociation, February, 1978. “Foreign Policy Records and Papers: A Case Study of One. Group € Documents," Newsletter,Society for Historians of American sreign Relations, June-December, 1977. 20k Reviews American Archivist, (Fall, 1988); Annals of Iowa, (Summer 188); Journal of Southern History, (Summer 1988); The Public -Storian (Summer 1988); Southwestern Historical Quarterly, ‘anuary,1989), Technology and Culture, (April, 1989); Political ‘lence Quarterly, (Spring, 1989); Journal of American Histo une, 1991); American Historical Review, (April, 1992); Public storian (Summer, 1992); Journal of American History, (December, 92).
13-00000 ° ; : : ; Jana i. Welson PRE-HEARING QUESTIONS ASSASSINATION RECORDS REVIEW BOARD yA . I. Nomination Process and Potential Conflicts 1. Were any conditions, expressed or implied, attached to your.’ nomination to be a member of the Assassination Records Review Board . (ARRB) ? ; No . - 2. Have you made any commitments with respect to policies or programs affected by your role as a member of. the ARRB? ‘ee 2. a 3. Are there any issues involving the ARRB from which 1 you may , have to disqualify yourself? 4. Have you been a party to any legal actions or administrative proceedings pertaining to access to, or disclosure ef, federal records on the subject. of the assassination of President Kennedy? No II. Role and Responsibilities i. What particular qualifications and experience do you bring to the role of being a member of the ARRB? ' a. Staff member. of the Public Documents Commission, created by Congress after the Nixon tape controversy. This Commission held hearings, sponsored studies on public records and wrote a final report. As a staff member, I was introduced to the promises and problems of preserving federal records and providing access to then. b. Project Director, Committee on Records of Government. This foundation funded project was designed to study. the relationship between information management and records management, particularly as it applies to computer generated records. As project director I worked closely with the Chairman of the Committee and its members. I organized hearings, wrote summaries of ' the hearings to be circulated to the Committee and was. responsible. for preparation of the final report. — c. As an historian of American Foreign Relations, I have researched documents in the National Archives (including four Presidential Libraries) from the era of the Cold War. I am very familiar with “withdrawal" notices of classified material as well as the kind of material that has been released. d. I have been elected and/or appointed to several comittees sponsored by various historical organizations that have
13-00000 page 2 been concerned with the declassification of. historically valuable documents. As a result, I am very familiar with FOIA and the Executive Orders that control declassification. 2. What do you consider to be your primary responsibilities | “and priorities as an ARRB member? The primary responsibility of the ARRB is to ensure the review. and facilitate the public disclosure of records relating to the assassination of President Kennedy. It is important to note that it is not the responsibility of the Board or its members to reach any conclusions about the participants or events of the assassination. Instead, the Board must ensure that the agencies comply with the law. and either open or present to the Board ALL desuments pertaining to the assassination. The obligation of. each mémber, is to carefully study the documents that have not yet’been disclosed to weigh the need for public disclosure against the protection of. national security. A major priority of the Board should be the preservation of its own integrity in order to ensure the restoration of government credibility regarding the assassination. 3. How do you envision your relationship and responsibilities--as an ARRB member -~- to (a) the President, (b) the Congress, and (c) other executive branch agencies? aand b. My responsibility to the President and Congress is to. fulfill the trust. and perform the tasks mandated by the legislation. to the best of my ability. I would be willing to confer with members of the White House staff and the Congress.on the progress of the Board if it is necessary to do so to preserve the integrity of the process. c. The relationship with other executive branch agencies may prove more problematical. To restore public confidence, the Board must be guaranteed complete compliance with the law by~all the agencies with assassination related records. I would try to ensure that agencies have indeed searched for all relevant records, and have either provided: public: access to them or prepared them for action by the Board. | 4. How do you view the job of ARRB Executive Director? What role do you anticipate playing in the selection of ARRB Executive Director and staff? As described in. the statute, the Executive Director should be responsibile for all administrative duties. These will involve serving as a liaison to the agencies, describing the universe of records, organizing hearings (if necessary), etc. The Executive Director will not be responsible for policy and should not be responsible for determining which documents can be opened to the public. I would anticipate that every Board member would actively seek © candidates for the position of Executive Director. However, since five individuals cannot effectively run a Board, the elected Chair
13-00000 page 3 of the Board will be the person who will be closely working with the Executive Director. Thus, the Chair should be particularly involved in the selection process. III. Policy Issues 1. Have you made any public statements -- oral or written -- regarding the’ assassination of President Kennedy or the public availability of government records regarding this assassinatioh? No 2. Members of the ARRB will be examining security | cldueitiea records with a view to their declassification and. public disclosure, in whole or in part, at some time in the future. a) Can you describe what prior experience you have had, if any, with using or examining security classified records of the Federal Government? As a member of the State Department Advisory Committee on. Historical Documentation I have examined documents that have been deemed security classified (including intelligence documents) and» have participated in discussions of disclosure of documents in the Foreign Relations of the United States series with desk officers of State who did not wish to see these documents published. I have also participated in meetings with agency personnel whose responsibility included preserving national security related documents. | b) What do you think of our current security classification ' system? For example, would you say it operates well, has integrity, and serves the public interests? The current system is extremely expensive, labor intensive and subjective in its implementation. It has resulted in an enormous backlog of documents over 30 years old and has further eroded public trust and government credibility. The current attempt to rewrite the Executive Order governing the security Classification system reflects the awareness of the White House and executive agencies that the current system is no longer viable; it does not operate efficiently, sacrifices the integrity of the record and does not, therefore, serve the public interest. 3. One of the duties of the ARRB will be to determine what constitutes an “assassination record". What criteria do you think should be used to make this determination? This will be one of the most difficult problems facing the Board. First, I think I would seek information from the agencies on | what they regarded.as an assassination record. Second, since this goes to. the heart of public confidence, I think this is a question that probably should be the subject of an open hearing. Currently my sense is that the Board will have to determine parameters for
13-00000 we FO | 7 page 4 the kinds: of records sought, but that these should be as broad).as possible. Iv. Relations With Congress 1. Do you agree without ‘reservation to respond to any reasonable. summons to appear and testify before any duly consituted committee of the Congress, if confirmed? . yes + *. . 2. Do you agree without reservation to reply to any - teasonable request for information from any duly consituted. comnittedé<pf. the Congress, or its duly authorized agent, if confirmed? wa yes. oT
13-00000 BIOGRAPHICAL AND FINANCIAL INFORMATION REQUESTED OF NOMINEES 5. .- Position to which nominated: ’ ie a A. BIOGRAPHICAL INFORMATION Name: (include any former names used.) John Raymond Tunheim 0 é Ky Assassination Records Review Panel A ae Date of nomination: _ September, 1993 Address: (List current place of residence and office addresses.) Residence: - 904 South Third Street, Stillwater, MN 55082 Office: ~ 102 State Capitol, St. Paul, MN 55155 Date and place of birth: | 9/30/53 Thief River Falls, MN Marital status: (Include maiden name of wife or husband’s name. ) oe Married to Kathryn Hill Tunheim (maiden name: Kathryn J. Hill) Names and ages of children: | Elizabeth Starr Tunheim, age 9; Samuel John Tunheim, age 5. Education: List secondary and higher education institutions, dates attended, degree received and date degree granted. Marshall County Central ‘High School, Newfolden, MN 1965-1971, June, 1971; ‘Concordia College, Moorhead, MN 1971-1975, BA summa cum laude with honors, May, 1975; University of Minnesota Law School, Minneapolis, MN 1977- 1980, J.D. cum laude, June 1980. John R. Tunheim November 4, 1993
13-00000 9. Employme r récord: List all jobs held since college, including the title or description of job, name of employer, location of work, and dates of employment. (Please use separate. _ _ attachment, if necessary.) 1. United States Senate, Office of Senator Hubert H. Humphrey, Field Representative, . Minneapolis, MN 7/715 to 10/77 ‘Freeman for Congress, Press and Issues Director, St. Louis Park, MN 6/78 tw 11/78 Oppenheimer, Wolff, Foster, Shepard & Donnelly (law firm), Summer Associate, St-Paul, MN 6179 10 9719 | : | oo FO ye or United States District Court, Senior U.S. District J udge Earl R: Larson, Judicial Law Clerk, Minneapolis, MN 8/80 to 8/81 - Oppenheimer, Wolff, Foster, Shepard & Donnelly (law firm), Associate Attorney, St. Paul, MN 10/81 to 11/84 State of Minnesota, Office of Attorney General, Assistant Attlomey General, Manager, - _ Public Affairs Litigation Division, St. Paul, MN . 11/84 to 9/85 State of Minnesota, Office of the Attorney General, Solicitor General, St. Paul, MN 9/85 to 6/86 State of Minnesota, Office of the Attorney General, Chief Deputy Attorney General, St. Paul, MN 6/86 to present. 10. Military Service: List any military service, including dates, rank, and type of discharge. None. John R. Tunheim , November 4, 1993
13-00000 il. 14. Government experience: List any advisory, consultative, honorary or other part-time - gervice or positions with Federal, State, or local governments, other than those listed . above. « Federal Practice Committee, United States District Court for the District of Minnesota; - member (1990 to present) e Advisory Committee on Reducing Cost & Delay, United States District Court for the _ . District of Minnesota; member (1991 - present); chair, Internal Court Management Subcommittee (1991 - present) * Stillwater City Charter Commission; member (1989 - present); Vice-chair (1992 - - present) : e Washington County Planning Advisory Commission; chair (1989-1992); member (1985- 1992). ° Governor's Select Committee on the Impact of Drugs on Crime, Education, and Social Welfare; member (1989-1990) 7 ¢  Governor’s Blue Ribbon Commission on the Crisis in Liability Ingurance; member (1987- 1988) ¢ Minnesota State Bar Association/Attorney General Task Force on Legal Advice to Farmers; chair (1985-1986) -¢  Governor’s Superfund Task Force; member (1984-1985) Previous Appointments: Prior to this appointment, have you ever been nominated for a position requiring confirmation by the Senate? If so, please list each such position, including the date of nomination, Senate confirmation, and Committee hearing, if any. . No. Business relationships: List all positions held as an officer, director, trustee, partner, proprietor, agent, representative, or consultant of any corporation, company, firm, partnership, or other business enterprise, educational or other institution. Tunheim Lakeshore Partnership, Pelican Rapids, MN (family partnership formed to own a vacation home). Memberships: List all memberships and offices held in professional, business, fraternal, scholarly, civil, public, charitable and other organizations. American Bar Association (1981 - present) ¢ Member, Special Committee on Lawyers in Government (1990-91) (appointed) ¢ Secretary and Council Member, Government & Public Sector Lawyers Division (1993 - present) (elected) « Treasurer and Council Member, Government & Public Sector Lawyers Division (1991- * 1993) (elected) John R. Tunheim . _ November 4, 1993
13-00000 Minnesota State Bar Association (1981 - present) -¢ Co-Chair, Task Force on Legal Advice to Farmers (1985-1986) Member, Court Rules Committee (1989-1990) - Co-Chair, Government Lawyers Task Force (1989-1991) . Co-Chair, Public Law Section (1991-1992) Executive Council, Public Law Section (1992 - present) Member, Board of Directors, Minnesota Institute for Legal Education (1990 - - present) (nonprofit) Member, Board of Directors, , Family Service St. Croix (1990 - - present) (nonprofit); Vice-Chair ir (1993 '- present) Member, Board of Directors, Midsummer: A Minnesota Festival of Music 98s - - Present) (nonprofit) on 3 Member and Secretary, Board of Directors, Minnesota Pregnancy & Infant Loss Center (1983- 85) (nonprofit) | Member, Stillwater Rotary Club (1984 - present) Political affiliations and activities: (a) List all offices with a political party which. you have held or any public office for which you have been a candidate. Minnesota Democratic-Farmer-Labor Party : Delegate, Democratic National Convention 1988, 1992 Associate Chair, Sixth Congressional District (1991.- present) - Member, Executive Committee (1991 - - present) © Member, Central Committee (1984 - present) Chair, Senate District §5 (1986-1990) . e @ e® © 6 (b) List all memberships and offices held in and services rendered to all political parties or election committees during the last 10 years. Political party memberships: All listed in 15(a). I have not been an officer for any election committee during the past ten years. . I was elected a delegate to the Democratic National Convention in 1988 and 1992. Services rendered.to parties and election committees have all been volunteer, sporadic activities such as attending fundraisers and occasional campaign rallies, attending party - meetings and conventions, and some doorknocking and telephoning on behalf of local and. statewide candidates. Assisted in organization of the endorsement event by Democratic Attomey's General of the Clinton-Gore ticket in Detroit, Michigan, in October, 1992. John R. Tunheim . November 4, 1993
13-00000 (c) These include all contributions which in aggregate total $50.00 or over to any entity over Itemize all political contributions to any individual, campaign organization, political _ party, political action committee, or similar entity of $50 or more for the past 5 years. the period 1990-1993. I was unable to locate any records for 1989. 1 do not believe there were any significant contributions during that year. Minnesota Democratic-Farmer-Labor Party (all units) 1993: $774.50 1992: $417.00 1991: $133.00 : ° 1990: $ 85.00 1989: cannot locate (estimated: $50.00) cm Johnston for State Senate, Maple Plain, MN $50.00 (1992) Friends of. Draper for State Representative, Stillwater, MN $80. 00" 1992): $60, 00 4990) Spaeth for Governor, Bismarck, ND $50.00 (1992) Clinton for President, Little Rock, AR $300.00 (1992) Citizens for Keith for Chief Justice, St. Paul, MN $50.00 (1992) Humphrey for Attorney General Volunteer Committee, St. Paul, MN $125.00 (1992); | $100.00 (1993); $100.00 (1990) Evert for Washington County Commissioner, Stillwater, MN $50.00 (1992) Alan Page for Justice, Minneapolis, MN $100.00 (1992) Coleman for Mayor, St. Paul, MN $25.00 (1992); $100.00 (1993) Freeman Volunteer Committee, Richfield, MN (State Senate and Hennepin County Attomey) $50.00 (1993); $50.00 (1991); $300.00 (1990) Freeman for Governor, Minneapolis, MN $100.00 (1993) Rice for State Representative Volunteer Committee, Minneapolis, MN $100.00 (1993) Knutson for DNC, Hutchinson, MN $50.00 (1993) w DNC Federal Account, Washington, DC $1,025.00 (1993) Democratic National Committee, Washington, DC $25.00 (1993) Wellstone for U.S. Senate, Minneapolis, MN $25.00 (1991); $150. 00 (1990) DNC Victory Fund, Washington, DC $1,000.00 (1992) Chandler for State Senate, White Bear Lake, MN $125.00 (1990) Fuller for State Senate, Oakdale, MN $100.00 (1990) Friends of Dayton for State Auditor, Minneapolis, MN $100.00 (1990) Friends of Dooley for State Representative, Stillwater, MN $90.00 (1990) » Perpich for Govemor Volunteer Committee, St. Paul, MN $100.00 (1990) . Jan George for State Representative Volunteer Committee, Mahtomedi, MN $80.00 (1990) . John R. Tunheim November 4, 1993
13-00000 16. 48. 17. _ National Association of Attorneys General, Marvin Award (1991) Ay Honors and awards: List all scholarships, fellowshi ps, honorary degrees, honorary society memberships, military medals and any other special recognitions for outstanding service . or achievements. wN (Awarded annually to up to 5 outstanding assistant attorneys general i in U.S. ‘ National Association of Attomeys General, President’ s Distinguished Service Award 1988) Mondale Fellow, University of Minnesote, Hubert H. Humphrey Institute of Public Affairs, Minneapolis (1992-1993) Rollof Award, University of Minnesota Law School (1980) Awarded to President/Editor-in-Chief of the Minnesota Law Review “2 v Minnesota Journal of Law & Politics, Selected as “Rising Star Lawyer,* (1993) Published writings: List the titles, publishers, and dates of books, articles, reports, or other published materials which you have written. It would be helpful for the Committee to have three copies of each published writing. Please denote any of those for which you are unable to provide copies. Book: . A Scandinavian Saga (Lakes Publishing, 1984) Article: Parental Involvement in Minor’s Abortions: The Aftermath of Hodgson v. oO, Minnesota and Ohio v. Akron Center for Reproductive Health, Abortion and The _ States, Political Change and Future Regulation, Jane B.'Wishner, Editor (American Bar Association, Section of Urban, State and Local Government Law) _ (1993) 7 Chapter: State Legislative Activities, State Attorneys General, Powers and Responsibilities, _ Lynn Ross, Editor (BNA: Washington, D.C. 1990). I also served as an editor on this book. Article: Minnesota's Bill of Rights (William Mitchell Law Review) (In progress, no copy available, scheduled for publication in 1994) Op. Ed: Americans Should Lend Russia a Hand on, Democratic Journey, St. Paul Pioneer Press (January 8, 1992) - Speeches: Provide the Committee swith three copies of any formal speeches you have delivered during the last 5 years of which you have copies and are on topics relevant to the . position for which you have been nominated. None. John R. Tunheim | | | November 4, 1993
13-00000 19: 1. < Congressional Testimony: Have you ever testified before a Committee of the Congress? If _ 0, please provide details, including date(s). No. Ny Selection: | (a) . Do you know why you were chosen for this nomination by the President? I was one of six lawyers recommended for nomination to President Bush in December, - 1992 by the President of the American Bar Association, J. Michael McWilliams, as required by the statute. The recommendation was unsolicited. I was selected from the . recommendations. (b) What do you believe in your background or employment experience aifringtively qualifies you for this particular appointment? T have extensive public law experience, including over seven years as the senior managing lawyers in a highly-regarded attorneys general’s office with over 425 staff members. I | have handled many of the most sensitive legal disputes involving the State of Minnesota over that time, personally arguing three United States Supreme Court cases and winning two. I have served throughout as the chief legal counsel to the Governor of Minnesota. I have considerable experience dealing with Minnesota's open records law and have a reputation of approaching issues in a fair, thoughtful and impartial manner. I have not been involved in any dispute over the assassination records and believe that, although Iam _ a strong believer in openness in government, I will approach the task in a fair manner.. I ‘have considerable experience setting up governmental organizations and administrative processes and believe that experience will be helpful in organizing the process by which the Panel will conduct its work. I have played a leadership role within the National ; Association of Attorneys General, particularly on management-related issues. B. FUTURE EMPLOYMENT RELATIONSHIPS Will you sever all connections with your present employers, business firms, business associations or business organizations if you are confirmed by the Senate? No. My understanding is that the position is part-time and I have no conflict of interest in my current position. I will take leave time from the State for any days I am working on pane! business. Do you have any plans, commitments or agreements to pursue outside employment, with or without compensation, during your service with the government? If so, explain. Yes. I will continue my employment with the State of Minnesota and a planned position as Adjunct Professor of Constitutional Law at the University of Minnesota Law School. _ John R. Tunheim , Rl necmens hae A tAND
13-00000 5. 3 . ane Do you have any plans, commitments or agreements after completing government service to resume employment, affiliation or practice with your previous employer, business firm, association or organization? Yes. Continue my current position. | ae Has anybody made a commitment to employ your services in any capacity after you leave government service? Not in any position other than my current position. If confirmed, do you expect to serve out your full term or until the next Presidential election, whichever is applicable? . 2 I expect to serve the full term of the Panel which sunsets under current law. . aS 4 C. POTENTIAL CONFLICTS OF INTEREST Describe all financial arrangements, deferred compensation agreements, and other continuing dealings with business associates, clients or customers. None. Indicate any investments, obligations, liabilities, or other relationships which.could involve potential conflicts of interest in the position to which you have been nominated. ' None. Describe any business relationship, dealing or financial transaction which you have had during the last 10 years, whether for yourself, on behalf of a client, or acting as an agent, that could in any way constitute or result in a possible conflict of interest in the position to which you have been nominated. ' None. John R. Tunheim Navembhar A 1002
13-00000 4. Describe any activity during the past 10 years in which you have engaged for the purpose of directly or indirectly influencing the passage, defeat or modification of any legislation or affecting the administration and execution of law or public policy. When employed by Oppenheimer, Wolff, Foster, Shepard & Donnelly, in 1983, I représented business interests on workers compensation legislation before the Minnesota Legislature; and in 1984, I represented a major communications company on tax legislation before the Minnesota Legislature. For both activities, I was registered as a lobbyist with the Minnesota Ethical Practices Board. _ Since being employed by the Minnesota Attorney General's Office, I have been involved significantly in the development of legislation in Minnesota, including primary responsibility for the budget of the Attorney General's Office each year from 1986 to present, I have also worked with the Minnesota Legislature on criminal justice issues, environmental4gsues, farm credit issues, consumer issues, government records issues, labor issues and others. My work has included drafting legislation, testifying before legislative committees, serving on task forces, writing legal opinions, and working with and advising staff, legislators, and governors. My entire employment experience in the Attorney General's Office has involved the. administration and execution of law or public policy. I have been the senior appointed official in the office for over seven years, responsible for the management of the office. None of my activities have involved any records dispute with a federal agency or anything regarding - assassination records. . 5. Explain how you will resolve any potential conflict of interest, including any that may be disclosed by your responses to the above items. (Please provide copies of any trust or other agreements.) I cannot imagine what conflict might arise, but if there is one ] would not take part in any decision of the panel affecting my conflict of interest. 6. Do you agree to have written opinions provided to the committee by the designated agency - ethics officer of the agency to which you are nominated and by the Office.of Government Ethics concerning potential conflicts of interest or any legal impediments to your serving in this position? Yes. D. LEGAL MATTERS 1. Have you ever been disciplined or cited for a breach of ethics for unprofessional conduct by, or been the subject of a complaint to any court, administrative agency, professional association, disciplinary committee, or other professional group? if so, provide details. No. John R. Tunheim November 4, 1993
13-00000. od §. violation other.than a minor traffic offense? Have you &er’ been investigated, arrested, charged or held by any Federal, State, or other law enforcement authority for violation of any Federal, State, county or municipal law, regulation or ordinance, other than a minor traffic offense? If so, provide details. No. . Have you or any business of which you are or were an offi cer ever been involved 5 Py a party . in interest in any administrative agency proceeding or civil litigation? If. SO, provide details. No. Have you ever been convicted (including pleas of guilty or nolo contendere of any efiminal P Please advise the Committee of any additional information, favorable or unfavorable, which you feel should be considered in connection with your nomination, None. E. FINANCIAL DATA (Retained in Committee Files.)
13-00000 ~ * John R. Tunheim being duly sworn, hereby states that he/she has read and signed the foregoing Statement on Biographical and Financial information and that the information provided therein is, to the best of his/her knowledge, current, accurate, and complete. Subscribed, and swom before me this +/"_ day of November, 1993. om ff —-"  ~ Notary Public: ei gages DEE  LANCETTE 3 S\QE GP NOTARY * Zcitt-samncsoTA 3 “ Rey COUNTY $ GAY, COMMISSION Exries NOVEMBER 25, 1996 RA wns SRIPERSAAS John R. Tunhcim a4 ‘terteat Navember 4 1002
13-00000 Committee on Govertimental Affairs United States Senate . JOHN. TUNEEDW’S _ ANSWERS TO PRE-HEARING QUESTIONS . TO BE A MEMBER OF THE ASSASSINATION RECORDS REVIEW BOARD a* L NOMINATION PROCESS AND POTENTIAL CONFLICTS a kee Were any conditions, expressed or implied, attached to your noibination to bea a : member of the Assassination Records Review Board (ARBB)? No. Have you made any commitments with respect to policies or programs affected by your role as a merober of the ARRB? If so, what are they? Are there any issues involving the ARRB from which you may have to disquality yourself? If so, please explain. . No. Iam unaware of any such i issue. Have you beena party to any legal actions or administrative proceedings pertaining  €o access to, or disclosure of, federal records on the subject of the assassination of President nt Kennedy? . oo No.
13-00000 199735 Join R. Tanham % 5, IL ROLE AND RESPONSIBILITIES member of the ARRB? Primarily, I bring my background and experience as a lawyer and public official’ I have twice been elected a section officer in the Amexican Bar Association and was recommended for this nomination by the President of the American Bar ‘L_ What particular qualifications and experience do you bring to the role of being a Association. My experience as a lawyer includes three years in private practice and. nine years as Solicitor General and Chief Deputy Attomey General in Minnesota. |<... For 7 1/2 years I have been the senior appointed official in the Minnesota Atomey ~ General's Office, responsible for the management and direction of an office of over 200 attomeys. I have handled-countless sensitive projects and cases, arguing three cases before the United States Supreme Coutt and serving as legal counsel to two Minnesota Governors and to the Minnesota Legislature. I have played:an an gctive role within the National Association of Attorneys General, twice recciving-tihajgr national awards from NAAG, twice chairing the Conference of Chief Deputies, and 3 directing many of NAAG's management improvement initiatives. I teach Constitutional Law as an Adjunct Professor at the University of Minnesota Law School. . From my experience as Minnesota Chief Deputy Attomey General, I have considerable experience dealing with the kind of processes envisioned by the Act, including establishing new administrative procedures created by new statutes, working with a wide range of governmental agencies, resolving tough legal issues raised by new laws, applying confidentiality rules, administering open records laws, issuing subpoenas, conducting government public hearings, and making difficult public decisions that significantly impact citizens. I understand the separation of powers issues that could be raised in the context of this Act. Furthermore,I have . . had no prior involvement in, any aspect of the Kennedy assassination or the assassination records. I would bring independent, objective judgment to the position. Talso have a strong interest in historical preservation. My primary undergraduate major was History, an area in which I graduated swnma cum laude with honors. I authored # 220 page local history and study of immigration. My research included reviewing records at the National Archives. I have also provided legal representation to the Minnesota Historical Society and State Archivist for eight years. I have worked in the Congress for the United States Senate on Senator Hubert Humphrey’s staff and have worked in the federal judiciary as a federal law clerk. I have worked closely with the United States Department of Justice on a wide range of projects and cases. Q1-26-94 01:14PM , 1994 PNA @¢2a etantintiinannets a ge eeemermree tec veemene
13-00000 BAK 2. What do fou donsider to be your primary responsibilities and priorities as an ARRB member? . , I see our primary responsibilities as: (1) Overseeing and directing the prompt collection from govemment offices of all: Kennedy assassination records that have not yet been transmitted to the National Archives, and directing a prompt public disclosure of all appropriate . (2) Gathering input and fnfarmation rom th public to ensure that concerns ae - addressed and that ell appropriate records are requested and recetved. (3) Applying in a fair manner the standards set forth in the Act regarding” postponement of the release of records, keeping in mind the strong Congressional intent expressed in the Act favoring public disclosure. a a (4) Assuring the Congress and the American public that information about the Kennedy assassination is not being hidden by any branch or agency of the federal government. sic (5) As the lawyer on the panel, I believe that I have additional responsibilities to . help ensure that appropriate and fair processes are established to guide the collection and release of records, that legal questions are addressed promptly and thoroughly, and that any necessary investigations are handled properly. 3. How do you envision your relationship and responsibilities - as an ARRB member =. to (a) the President, (b) the Congress, and (c) other executive branch agencies? (a) My responsibilities to the President are to provide a regular and detailed accounting of the work of the ARRB, and to provide concise and thorough - postponement and release decisions in order to expedite the President's review of ARRB decisions affecting executive branch agencies. Although ARRB is an independent agency, it is important to have a smooth working relationship with the President in order to eniart that the process established by Congress works well. (b) My responsibilities to the Congress are to imiplement the law promptly and in the manner intended by Congress, to provide on a regular basis a detailed accounting of the work of the ARRB, and to respond appropriately to all Congressional inquiries and requests. . (c) My responsibilities toward and relationship with other executive branch agencies are to work cooperatively but firmly in ensuring early transmittal of documents to the National Archives. My responsibility includes working with the agencies to ensure a complete understanding of agencies’ responsibilities under the law and fairly and independently reviewing agencies’ requests to postpone disclosure of any records. John R. Tuoheirn Tantnarce 9& IGA
13-00000 Blow dowyout! view the job of ARRB Executive Director? What role do you anticipate playing in the selection of ARRB Executive Director and staff? “ I consider the Executive Director to be the ARRB’s chief administrator and -. coordinator of all functions of the panel. The Executive Director should be the day- to-day administrator of the staff and the administrator of all activities of the ARRB. I envision the Executive Director playing & an important coordination role with other federal agencies. I anticipate playing 4 role in the selection of the Execntive Director. The position is critical to the effectiveness of the ARRB and I would like to nse my considerable recruiting and hiring experience to help choose the best available staff. z a Il, POLICY ISSUES ° a Have you made any public statements ~ oral or written ~ ~ regarding the assassination of President Kennedy or the public availability of government records regarding this assassination? Please explain, and provide copies of any relevant material, I have made no written or oral public statements regarding the Kennedy assassination or the assassination records Members of the ARRB will be examining security classified records with a view to their declassification and public disclosure, in whole or in part, at some time in the future. a) Can you describe what prior experience you have bad, if any, with using or _ examining security classified records of the Federal Government? I have no prior experience with using or examining secunity classified records of the federal government. I have, however, considerable experience handling documents protected by state confidentiality laws. . b) What do you think of our current security classification system? For example, ‘would you say it operates well, has integrity, and serves the public interest? The security classification system has generally well served the public interest throughout the period in which the Cold War placed significant constraints on sharing information. We have entered a new era and my understanding is that a comprehensive review is now underway that will likely result in significant revisions and the development of a less restrictive system of security classification. Such a comprehensive review is a positive development.
13-00000 3. One of the duties of the ARRB will be to determine what constitutes an “assassination record," What criteria do you think should be used to make this determination? The definition of “assassination records” will be one of the most important and . decisions of the ARRB. It is important to understand better the universe of potential records before the difficult decision on how to define “assassination records.” Preliminarily, and without such an understanding yet, I would favora broad definition because (1) a broad definition will help assure the American public: . that all relevant records arc being reviewed and disclosed, and (2) I believe that is . the intent of Congress as expressed in the Act. It may well be difficult to define “assassination records” in a manner which will cover all relevant documents, and if so, it may. be necessary to establish a mechanism by which a caso-by-case determination can be made regarding t the linkage between the assassination and a particular document. S ara Iv. RELATIONS WITH CONGRESS L. Doy you agree without reservation to respond to any reasonable summons to appear and testify before any duly constituted committes of the Congress, if confirmed? Yes. 2. Do you agree without reservation to reply to any reasonable request for information from any duly constituted committee of the Congress, ¢ or its duly authorized agent, if confirmed? ' Yes. John R. Tunheim : | farnme tans QT.
13-00000 . . RPR @4 °97 |@9:59AM P.1744 — E _ hors a bel! Office of General Counsel Arti cle 7 FROM: <= fonclelle Voice: (703) 874- Fax: (703) 874-3208 _ DATE: | an ADDRESSEE: Boats ez oe 2 3 ORGANIZATION: : VOICE NUMBER: NUMBER OF PAGES WITH COVER: NOTICE TO RECIPIENT This information is property of the United States intended solely for the use of the entity or person named above and also may be attorney-client privileged or otherwise exempt from disclosure under applicable lave. Ifyou are not the intended recipient of this facsimile, or the employee or agent responsible for delivering the message ta the intended recipient, you are hereby notified that receipt of this message is not a waiver or release of any applicable privilege or exemption from disclasure, and that review, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received usis material in error, please notify this office at the above telephone number (collect) for instructions regarding its return or destruction. Thank you.
13-00000 . APR @4 ’°97 @9:59AM . P.2/44 PAGE 2 1ST ITEM of Level 1 printed in FULL format. we Copyright (¢c) 1997 Maryland Law Review, Inc. University of Maryland School of Law 19937 56 Md. L. Rev. 1 LENGTH: 21305 words ARTICLE: THE VIRULENCE OF THE NATIONAL APPETITE FOR BOGUS REVELATION Kermit L. Hall* * Dean, College of Humanities; Executive Dean, Colleges of Arts and Sciences; | and Professor of History and Law, The Ohie State University. Ph.D., University .of Minnesota; M.S.L., Yale Law School. This Article was presented as the Judge Simon E. Sobeloff lecture at the University of Maryland School of. Law on es February 28, 1996. My thanks to Barbara Terzian, Jeff Marquis, and Kenneth ; Wasserman for their research support and to John Johnson, Donald G. Gifford, and — Howard Leichter for their comments and suggestions about earlier versions of this Article. I am especially grateful to Sheryl Walter for her suggestions .about sources and her willingness to share her extensive knowledge of the secondary literature on openness of and access to government records.For the title of this Article, I am indebted to one of Baltimore's favorite citizens, H.L. Mencken, who, in another context, commented on "the virulence of the racial appetite for bogus revelation." H.L. Mencken, A Book of Prefaces 23-24 (1917). TEAT: {*1]. Introduction The specter of conspiracy has haunted Americans throughout the second half of the twencieth century. nl In the 1950s, Senator Jeseph [*2] McCarthy's Communist conspiracy theory - the "second Red Scare" - traumatized the nation and destroyed lives. n2 More recently, David Irving's explanation of the . Holocaust as an enormous historical fabrication n3 has defied logic and distorted reality. n4 Even Abraham Lincoln rests uneasily in his grave, as theorists of his murder advance plots so tangled that only the exhumation of John Wilkes Booth's bones can unravel them. nS _ a! « + -Footnotes- - - - © s+ -- - fet tet eee nl. This phenomenon is not unique te the modern era. There are many | comprehensive historical accounts of the spectex of conspiracy in America. See, @.g., Virginia Carmichael, Framing History: The Rosenberg Story and the Cold War (1993) (analyzing and tracing the "politically metivated production of the official Rosenberg story and the historical and cultural critiques performed by its re-presentation in literature, drama and the visual artse*); David Brion Pavis, The Slave Power Conspiracy and the Paranoid Style (1969) (discussing the theory that slaveowners conspired against the rest of the country); The Fear of Conspiracy: Images of Un-American Subversion from the Revolution to the
13-00000 , « APR B4 797 89:59AM oo P.37d4 PAGE 3 , 56 Md. L. Rev. 1, *2 @w t Present xxiii (David Brion Davis ed., 1971) ("The main purpose of this book is to use images of conspiracy and subversion as a means of studying American tensions, values, and expectations ...."); Richard Hofstader, The Paranoid Style _din American Politics and Other Essays. (1965). (examining the popularity of conspiracy theories); George Johnson, Architects. of Fear: Conspiracy Theories and Paranoia in American Politics (1983) (demystifying conspiracy theorists and the objects of their theories); Donald J. Lisio, The President and Protest: Hoover, Conspiracy, and the Bonus Riot (1974) (arguing that the proliferation of conspiracy theories causes "gross distortions" in our understanding of the Bonus Riot and Hoover's presidency); Michael Sayers & Albert E. Kahn, The Great Conspiracy:. The Secret War Againet Soviet Russia (1946) (recounting the history of espionage in the Soviet Union from.1917 to 1945). n2. David M. Oshinsky, A Conspiracy So Immense: The World of Joe McCarthy 102 (1983) (chronicling the life ef Joseph McCarthy and the effects of the *gecond Red Scare® on the American payche). n3. See David Irving, Goebbels (1996); see also Arthur R. Butz, The Hoax Pa the Twentieth Century: The Case Against the Presumed Extermination of European Jewry 8 (1976) (calling the Holocaust a hoax and a “monstrous lie"). n4@. See Deborah E. Lipstadt, Denying the Holocaust: The Growing Assault on Truth and Memory (1993) (examining and discrediting the arguments of Holocaust deniers) . nS. See Edward Colimore, The Search for Lincoln’s Assassin, Phila. Inquirer, Apr. 28, 1992, at Cl, available in LEXIS, Nexis Library, Newspaper File; Dentist Examines Lincoln Slaying: Seeks to Exhume Body Buried As Booth's, Compare Teeth with Record, St. Louis Post- -Dispatch, Apr. 18, 1994, (Illinois) at 6, available in 1994 WL 6195597; Hmm, How Do We Really Know Who's Buried in Grant's Tomb? , Wash. Times, Nov. 14, 1992, at C2, available in LEXIS, Nexis Library, Newspaper File; Our American Corpses, Wash. Times, Mar. 18, 1992, at F2, available in LEXIS, Nexis Library, Newspaper File: Who's Buried in John Wilkes Booth's Tomb?, U.P.1., Sept. 26,:1991, available in LEXIS, Nexis Library; UPI File. These are compelling examples of the Ansrican “appetite for intrigue, but no ether event in twentieth-century American history has generated such persistent notions of conspiracy as the assassination of President John Ff. Kennedy. More than four hundred books have been published on the subject; né a major newsletter provides a continu- (*3] ing flow of new. theories about the assassination; n7 and a national organization, the Coalition on Political Assassinations, meets annually to debate the murder. n6 Oliver Stone elevated ‘the idea of conspiracy to epic proportions in the film JFK. n9 That movie Claims, among other things, that Lee Harvey Oswald did not act alone; rather, he wags part of a plot hatched by the Central Intelligence Agency (CIA) in collaboration with organized crime, the Federal Bureau of Inveatigation (FBI), and other elements of the American government. ni0 Stene's follew-up to JFK, Nixon, nll echoes this theme, intimating a connection between the Cuban: burglars of the Watergate complex and the assassination of President Kennedy. n12
13-00000 . « PPR @4 797 16:90AM P.4/44 PAGE 4 j S6 Md. L. Rev. 1, *3 né. See, e.g., Robert Sam Anson, "They've Killed the President!": The Search for the Murderers of John F. Kennedy (1975) (calling for a new investigation of JFK's assassination); G. Robert Blakey & Richard Billings, The Plot to Kill the President (1981) (explaining the conclusion of the Select Committee on Assassinations that organized crime was behind the plot to kill JFK); John Davis, Mafia Kingfish: Carlos Marcello and the Assassination of John F. Kennedy _- (1989) (examining the cheory that the New Orleans Mafia was behind JFK's assassination); Edward Jay Epstein, The Assassination Chronicles: Inquest, © : Counterplot, and Legend (1992) {hereinafter Epstein, Trilogy] (trilogy examining _ the Warren Commission Report, the investigation conducted by New Orleans : District Attorney Jim Garrison, and the life of Lee Harvey Oswald) ; Robert J. Groden & Harrison Edward Livingstone, High Treasori: The Assassination of. President John F. Kennedy: What Really Happened (1989) (claiming that the CIA, organized crime, and right-wing politicians killed JFK); Henry Hurt, Reasonable , Doubt (1985) (concluding that Oswald did not act alone); Mark Lane, Rush to Judgment (1966) (arguing that the Warren Commission admitted hearsay and ignored important evidence); David S. Lifton, Best Evidence: Disguise and Deception in _ the Assassination of John F. Kennedy (1981) (concluding that a second bullet ‘was’ | removed from JFK's head); John Newman, Oswald and che CIA (1995) (arguing that ° the CIA was interested in Oswald since 1959, and that, *whether witting or not, Oswald became invelved in CIA operations"); Gerald L. Posmer, Case Closed: Lee Harvey Oswald and the Assasaination of JFK (1993) (concluding that Oswald acted alone); Frank Ragano & Selwyn Raab, Mob Lawyer (1994) (identifying Mafia bosses who planned JFK's assassination); Harold Weisberg, Frame-Up: The Martin Luther King/James Earl Ray Case (1971) (drawing a parallel between the JFK conspiracy and the "framing" of James Earl Ray in Dr. King's murder). n?. See Open Secrets (Coalition on Political Assassinations, Washington, D.C.), Aug. 1994. , né. See John Hanchette, JPK Conspiracy Theorists Announce October Convention, Gannett News Service,” Sept. 26, 1994, available in 1994 WL 11247865; Washington Daybook; Today's Headliners, Wash. Times, Oct. 20, 1995, at Ali. - . n9. JFK (Warner Bros. 1991). ni0O. See David Ansen, A Troublemaker for Our Times, Newsweek, Dec. 23, 1991, at 50; Robert Brustein, JFK, New Republic, Jan. 27, 1992, at 26, available in LEXIS, Nexis Library, Magazine File; Richard Corliss, Who Killed JFK?, Time, Dec. 23, 1991, at 66, available in 1991 WL 3116696; Stuart Klawans, JFK, Nation, Jan. 20, 1992, at. 62, available in LEXIS, Nexis Library, Magazine File; John Simon, JFK, Nat'l Rev., Mar. 2, 1992, at 54, available in LEXIS. Nexis Library, Magazine File; Jay Carr, Oliver Stone's "JFK' Fights the Right Fight, Boston Globe, Dec. 20, 1991, Arts & Pilm at 53, available in 1991 WL 7514478; Renee Leth, Oliver Stone's "JFK' Reopens Old Wounds in a Society That Often Views Life Through Pop Culture: Film May Force Reexamination, Boston Globe, Dec. 22, 1991, at Al9, available in 1991 WL 7514694; Kenneth Turan, "JFK': Conspiracy in the ‘Crosa Hairs, L.A. Times, Dec. 20, 1991, at F2, available in 1001 WL 2190825; Crossfire (CNN television broadcast, Dec. 23, 1992), available in LEXIS, Nexis Library, Transcript File. nil. Nixon (Walt Disney 1995). nl2. See Stanley Kauffmann, Cast of Character, New Republic, Jan. 22, 1996, at 26; Christopher Sharrett, Nixon, USA Today, May 1996, Magazine at 49; Jay
13-00000 _ APR @4 97 10:20AM - P.S744 | ° a PAGE S , 56 Md. L. Rev. 1, *3 w . Carr, Baring the Heart of Nixon, Boston Globe, Dec. 20, 1995, Arts & Film.at 33, available in 1995 WL 5966891; Stephen Hunter, Resurrecting Nixon, Balt. Sun, Dec. 20, 1995, at 1B, available in LEXIS, News Library, Majpap File; Barbara Shulgasser, “Nixon': It Has All the Charm of a Lab Rat, San. Fran. Examiner, Dec. 20, 1995, at C1, available in LEXIS, Nexis Library, Newspaper File; Kenneth Turan, "Nixon,' the Enigma, L.A. Times, Dec. 20, 1995, at Fi, available in LEXIS, News Library, Lat File; Crossfire (CNN television broadcast, Dec. 27, 1995), available in LEXIS, Nexis Library, Transcript File. . This Article addresses the Kennedy murder, generally; the work of the Assassination Records Review Board, primarily; n13 and issues of secrecy and , openness in government, specifically. In short, the Article considers the competing values of openness and secrecy in government. nlé Gaining accese to secret documents is vital, but one must consider the cost of broken. confidences _ to our security. A sense of conflict between these views inspired this ‘ArticYé. =, ee ~ === -- - + -~ -Pootnotes= -- - -- = = se ee we eee ‘mil3. The author sits as a member of the Assassination Records Review Board. | The views expressed herein are solely those of the author. They do. not represent the views of the other members of the Board. The other members of the Board are the Honorable John R. Tunheim, United States District Judge, District of Minnesota; Henry Graff, Professor Emeritus, Columbia University; William Joyce, Rare Books Librarian, Firestone Library, Princeton University; and Anna K.- Nelson, Adjunct Professor of History, American University. “ - 7: The Assascination Records Review Board will hereinafter be referred to as the | "JFK Board” or the "Board." . see Throughout this Article, references are made to. the views of the various intelligence agencies. These references are based upon the author's knowledge of these representations made to the Assassination Records Review Board, the context of which remains classified. ni4. See generally Benjamin S. DuVal, Jr., The Occasions of Secrecy, 47 U. Pitt. L. Rev. 579, 583 (1986) (arguing that secrecy issues “present a fundamentally different problem in terms of first amendment theory than those that have been central to the development of firsc amendment jurisprudence" and that “society is distinctly ambivalent about the benefits of increased . knowledge"). . 7 see eee eee - - = = ~ -End Footnotes- - - = - - - - - = - - se 22 = i..The Warren Commission The Warren Commission and its report stand at the center of almost all Kennedy conspiracy theories. niS A year after the assassination, the Report was issued by seven sober-minded Americans, headed by Chief Justice Earl Warren. nié Initially, the Report, which concluded that Oswald wag the lone assassin, ni7 received strong support. Polling data indicates that prior to the Report's
13-00000 . _ APR 4 ’97 10:21AM P.6744 PAGE 6 56 Md. L. Rev. 1, *4 a a : release; only twenty-nine percent of the public believed that Oswald was solely responsible for the assassination of President Kennedy; following its release a year later, in 1964, that number increased to eighty-seven percent. However, twa- years later, in 1966, only thirty-six percent of Americans indicated they {*5] believed the Report. ni8 By the time JFK opened in the movie houses of America, ni9 public confidence in the Commission's Report had.sunk even further, . with about seventy percent of Americans concluding that Oswald did not act a alone. n20 The movie, therefore, tapped a deep wellspring of distrust of the Report rather than, as is sometimes implied. n2i fostered it. .niS. See President's Commission on the Assassination of President Kennedy, Report of the President's Commisaion on the Assassination of President John F. Kennedy (1964) [fhereinafter Warren Commission Report]. _ #lé6. The members of the Warren Commission were Chief Justice Earl Warren, Senator Richard B. Russell, Senator John Sherman Cooper, Representative Hale-” Boggs, Representative Gerald R. Ford, Allen W. Dulles, and John d. McCloy. See or id. at v. nl7. "On the basis of the evidence before the Ccommiesion it concludes that Oswald acted alone." Id. at 22. ni8. These figures are based on CBS and Gallup polling data recapitulated in a poll released a week before the thirtieth anniversary of the assassination. See Nine Out of 10 Americans Doubt Oswald Acted Alone, Reuters, Nov. 15, 19983, available in LEXIS, News Library, Wires File; see also Max Holland, The Key to ‘the Warren Report, Am. Heritage, Nov. 1995, at 50, 52 ("Prior to [the Report's] velease, a Gallup poll found that only 29 percent of Americans thought Oswald had acted alone, afterward 87 percent believed so."). nl9. See JFK; gupra note 9: >>>" n20. See 82% in Poll Say the Truth Wasn't Told in JFK Death: Seven of 10 Suspect There Was a Conspiracy, Buff. News, Nov. 22, 1993, at 1, available in 1993 WL 6126092 ("Seven in 10 Americans suspect a conspiracy, and those who were young on November 22, 1963, are eapecially likely te be among the 62 percent who believe the truth has not been told. In keeping with many recent polle that show Americans are distrustful toward government, 78 percent think there was an. ‘efficial coverup.*). Indeed, there is now a much more conspiracy-minded attitude toward the assassination than there was even 15 years ago. See id. , nzi. See, @.g., Brustein, supra nete 10 ("Viewers of JFK ... might find themselves shaken in their views of government, society, the media."). _ Eventa between 1964 and 19892 did much to undermine trust in the Warren Commission Repert. An assassination research community quickly appeared, raising troubling questions about the Report and propagating theories of conspiracy. n22 Books entitled Whitewash, n23 Contract on America, n24 Conepiracy, n25 and Rush to Judgment n26 eroded the credibility of the Commission's findings. n27 President Kennedy's murder, moreover, was only one of several prominent political killings. Assaseins also gunned down Robert F. Kennedy, Martin
13-00000 APR @4 9? 18:01AM P.7744 PAGE 7 56 Md. L. Rev. 1, *5 Ff # Luther King, dr., and Malcolm X and gravely wounded Governor George C. Wallace. n28 {*6] At the same time, the American government resorted to deception to disguise its policy failures. n29 The nation fought and lost a bloody conflict in Southeast Asia - an undeclared war fostering doctored casualty reports; n30 secret missions into Cambodia and Laos; n31 purported attacks on the destroyers, Maddox and C. Turner Joy; n32 and President Richard Nixon's “secret plan" to end - the war. n33 The plan took five years, cost many thousands of additional American and Vietnamese [#7] lives, and left our former allies in the South to the tender mercies of their northern opponents. n34 .n22. See Posner, supra note 6, at 412-15 (describing the “network of amateur sleuths" who checked the accuracy of the Warren Commission Report and challenged its conclusions). as 123. Harold Weisberg, Whitewash (1965) (stating that the Warren Commission _ did net consider any alternatives to Oswald as sole assassin). n24. David E. Scheim, Contract on America: The Mafia Murders of John and Robert Kennedy 263 (1983) (concluding that the Mafia killed President Kennedy). n2S. Anthony Summers, Conspiracy 523 (1980) (calling for a new investigation). a n2z6. Lane, supra note 6. n27. See Weisberg, supra note 23, at 189 ("In writing this book, the author has had but one purpose. That was to show that the job assigned to and expected of the President's Commission on the Assassination of John F. Kennedy has not been done."); Scheim, supra note 24, at 2-3 (finding that “evidence that established {Jack Ruby's] criminal ties has been repeatedly suppressed or distorted by the Warren Commission"); Summers, supra note 25; Lane; supra note 6, at 376 ("The Report of the President's Commission on the Assassination of President Kennedy is less a report than a brief for the prosecution."). n28. See D'Army Bailey, Mine Eyes Have Seen: Dr. Martin Luther King, Jr.'s Final Journey (1993) (providing a pictorial account of King's final journey to Memphis); George Breitman et al., The Assassination of Malcolm X (1976) (arguing that the CIA and FBI participated in the assassination of Malcolm X); Karl Evanzz, The Judas Factor: The Plot to Kill Malcolm X (1992) (concluding that government agencies were involved in the assassination); Gerold Frank, An American Death: The True Story of the Assassination of Dr. Martin Luther King, Jr. (1972) (concluding that James Earl Ray alone killed King): Michael Friedly, Malcolm X: The Assassination (1992) (concluding that Muslims killed Malcolm X); Robert Blair Kaiser, "R.¥.K. Must Diel® (1970) (exploring various conspiracy . theories); Three Assasainations: The Deaths of John & Robert Kennedy and Martin Luther King (Janet M. Knight ed., 1971) (providing “a factual account of the assassinations" based on "Facts on Pile, the press, and U.8. government studies"); Stephan Lesher, George Wallace (1994) (describing Arthur Brewer's attempt on Wallace's life); Philip H. Melanson, The Robert F. Kennedy Assassination 13 (1991) (concluding that Sirhan Sirhan was “*hypnotically programmed to attack {Robert F.] Kennedy"); Philip Melanson, Who Killed Marcin Luther King? (1993) (calling for an investigation of possible CIA and FBI involvement); Dan E. Moldea, The Killing of Robert F. Kennedy 323 (1995)
. PPR B4 °97 18:01AM , P.B/d4 ° ‘ PAGE 8 56 Md. L. Rev. 1, *7 eo A . (concluding that Sirhan Sirhan assassinated Robert F. Kennedy to prove "that he still had his nerve"); William W. Turner & John G. Christian, The Assassination of Robert F. Kennedy (1978) (claiming that there was a conspiracy); Weisberg, supra note 6 (concluding that James Barl Ray was framed for the assassination of Martin Luther King, dr.). n29. Regarding the government's use of intelligence materials in the Vietnam ~~ War and the bogus nature of much of the reporting about the War, see Sam Adams, War of Numbers (1994); Edward S. Herman & Richard B. DuBoff, America's Vietnam Policy: The Strategy of Deception 79 (1966); John M. Newman, JFK and Vietnam: Deception, Intrigue, and the Struggle for Power 206-22 (1992); John Prados, Presidents' Secret Wars 239-325 (1986); L. Fletcher Prouty, JFK: The CIA, Vietnam, and the Plot to Assassinate John F. Kennedy 42-117 (1992); Peter Dale Scott, The War Conspiracy: The Secret Road to the Second Indochina War 51-75 (1972); Neil Sheehan et al., The Pentagon Papers As Published by the New York Times 241-78 (1971); Sedgewick Tourison, Secret Army, Secret War (1995). With regard to false “body counts," see Loch K. Johnson, America's Secret Power 60-62 (1989); Gabriel Kolko, Anatomy of a War 195-96 (1985); Newman, supra, at 288-89, 298-99. aj, n30. See Vance Hartke, The American Crisis in Vietnam 100-02 (1968); Herman: & DuBoff, supra note 29, at 122-23; Seymour Hersh, Cover-Up (1972);. Kolko,. supra note 29, at 195-96; Major Problems in the History of the Vietnam War (Robert J. McMahon ed., 2d ed. 1995); Newman, supra note 29, at 229-34, n3l. See Noam Chomsky, At War with Asia 117-258 (1970); Credibility Gap: A Digest of the Pentagon Papers 54-64 (Len Ackland compiler, 1972); Frances FitzGerald, Fire in the Lake 123, 264 (1972); Bruce Palmer, Jr., The 25-Year War 92, 95-116 (1984). n32. See Theodore Draper, Abuse of Power 63-65 (1967); George C. Herring, America's Longest War 134 (3d ed.-1896); Robert S:. McNamara & Brian VanDeMark, in Retrospect: The Tragedy and Lessons of Vietnam 132-34 (1995). n33. See Herring, supra note 32, at 244-47; Stanley Karnow, Vietnam: A History 582-83 (1983). . n34. See Herring, supra note 32, at 282-83; Stanley I. Kutler, The Wars of Watergate 9-10, 80 (1990). "= = - - «Bnd Footnotes- ------+--------- . The government's penchant for secrecy fueled the public's corrosively | cynical view of politics and politicians. During the Watergate investigation, President Nixon proclaimed to the nation that he was "not a crook," n35 but he soon abandoned the Oval Office and joined his disgraced vice president n3é in private life. n37 In one of the great ironies of modern American politics, the instrument of Nixon's downfall was a secret recording syatem installed in the White House. n38 What was supposed to be a tool to record reliably the President's triumphs became the chief means of exposing the Watergate cover-up. n39