Originator: FBI
From: LEGAL COUNSEL
To: DIRECTOR, FBI
Document date: 01/09/1979
Document type: PAPER, TEXTUAL DOCUMENT

## Page 1

Date: 08/01/94

Page: 1

JEK ASSASSINATION SYSTEM

IDENTIFICATION

FORM

AGENCY INFORMATION

RECORD

AGENCY : FBI

NUMBER

: 124-10191-10043

RECORDS SERIES :

HQ

AGENCY FILE NUMBER

62-117290-1432X

DOCUMENT INFORMATION

ORIGINATOR : FBI

FROM : LEGAL COUNSEL

TO : DIRECTOR, FBI

TITLE :

DATE : 01/09/79

PAGES

:17

SUBJECTS :

HSCA, "SUMMARY OF FINDINGS AND RECOMMENDATIONS"

DOCUMENT TYPE : PAPER, TEXTUAL DOCUMENT

CLASSIFICATION : U

RESTRICTIONS : NOT ASSASSINATION RELATED

CURRENT STATUS : X

DATE OF LAST REVIEW : 07/27/94

OPENING CRITERIA :

INDEFINITE

COMMENTS

2 OF 19 PAGES NAR

Heleased under the John F. Kennedy Assassination

Records Collection Act of 1992 (44 USC 2107 Note).

Case#: Ww 68262 Date: 09-22-2022

• — - -

[R]

- ITEM IS RESTRICTED

NW 68262 Docld:32177661 Page 1

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## Page 2

UNITED STATES GOVERNMENT

Memorandum

UNITED STATES DEPARTMENT ORJUSTICE

FEDERAL BUREAU OF INVESTIGATION

TO : The Director

DATE:

1/9

TRON: regal Counsay

* Assoc. Dir.-

Dup., AD Adm

Dep. AD Inv.

Asst: Dir.:

Adm, Serrsi.

Crim. Inr. -

Ident. -

Intell. _

Laboratory

• Legal Coun,

Plan. & Insp.

Rec. Mgnt.

Tech, Servs,

Training —

Public Affs. Off.

Telephone Rm.

Director's Sec'y

SUBJECT:

HOUSE SELECT COMMITTEE ON ASSASSINATIONS

95TH CONGRESS

The

purpose of this memorandum is to advise of

receipt of a "Summary of Findings and Recommendations" of

captioned Committee.

ALL INFORMATION CONTAINED

HEREIN IS UNOLASSINIED

DETAILS:

DATE 218,86 христк

On January 3, 1979, G. Robert Blakey, Chief Counsel,

captioned Committee,

caused to be delivered to the Legal

Liaison and Congressional Affairs Unit, a "Summary of Find-

ings and Recommendations" of captioned Committee.

findings were transmitted to the Clerk of the House by cap-

tioned Committee on December 29, 1978, (copy attached) •

• It is anticipated that the FBI and the Department

of Justice will receive, from the Committee at an early date,

an official draft of the final report of captioned committèe

for comment.

It is requested that receiving Divisions review the

"Summary of Findings and Recommendations," inasmuch as the

IBI may be called upon bywhe

Department, and House Judiciary

committee to comment on Eheselrecommendations in the near

1422X

future.

DE-36 62-1192%0

RECOMMENDATION:

None.

REG. 813

For information.

EZ MAR 26 1979

PROSUNRA

2°

LENCLOSURE ATTACHED?.

Enclosure

APPROVED:

Director

Assoc. Dir.

Dep. AD Adm.

Dep. AD Inv.

Adm. Serv.

Crim. Inv.

Ident.

Intell.

Laboratory

Legal Coun:

lan. & Insp

sec Mgnt.v

Tech. Servs.

Training

Public Affs, Off/

1

1

1

- Mr. Adams - Enc.

Mr. McDermott - Enc.

- Mr. Boynton - Enc.

Mr.

Bassett - Enc.

- Mr. Cochran - Enc.

1

- Mr.. Cregar - Enc.

1

- Mr. Moore - Enc.

1

- ¡Laboratory - Enc.

2

- Mr. Coulson -'Enc.

3658

2231

DOC: :1dr

#*(119

BEAPR

, Savings Bonds Regularly on the Payroll Savings Plan

FBI/ DOJ

NW 68262 Docld:32177661 Page 2

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## Page 3

FNCLOSURE,

MV 68262 Docld:32177661 Page 3

+1-117810-1432X

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## Page 4

LOTTO ETORCES, 0400, ENRATARA

wiremann.

BALTHA L FAUN:IOT. E

VONNE ERATITMAITE DURATI CALS.

MRISTOAHER 1. DODD. CON

STEWADT EL RECRIMENY, CUTES

MARIND I MANNER, MICH

Moa 1.01M1AN. HI..

MODUA I, ДОДАЛ, ГАЗ

(202) 273-0878

Select Committee on Issassinations

H.. Houst of Representatibes

23E3 HOUSE OPPICE BUILDING, INNEX 2

WASHINGTON, D. E. 20318

January 2, 1979

The Honorable Griffin B. Bell

Attorney General of the United States

Department of Justice

Washington, D. C.

Attention:

MI. Robert L. Keuch

Deputy Assistant Attorney General

Criminal Division, Room 2113

Dear Mr. Attorney General:

Enclosed for your records is a copy of the Summary

of Findings and Recommendations filed by the Committee with

the Clerk of the House on January 2, 1979.

As the Chairman's letter (page 3) indicates, the

editing of the Final Report, in a fashion suitable for publi-

cation and declassification,

continues.

we will be able to file it with the Clerk of the House before

March 30, 1979.

Sincerely,

2. Molex Blang

G. Robert Blakey

Chief Counsel and Director

GRB : Am

Enclosure

1-9-78 000:241

NW 68262 Docld:32177661 Page 4

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## Page 5

FINAL REPORT

of the

SELECT COMMITTEE ON ASSASSINATIONS

U.S. HOUSE OF REPRESENTATIVES

Ninety-Fifth Congress

Second Session

SUMMARY OF

FINDINGS AND RECOMMENDATIONS

December 29, 1978

and die Dra 1-9-25

NW -Döald:32177661 Page 5

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## Page 6

2

SELECI CONNITTEE OY ASSASSLIATIONS

LOTIS STONES, Onto, Draines

RICRARDSOS PRETER, fora Cerollas

EANTELL DIMAT, Onlo

FALTIR I TAENTROI. DiSHEd COLLaDA STIWART B. SCRIVNIT, Consetent

STOYNE BRITHWAITI BURKE, COlOMS CHARLES THONE. Tabasa

CHRISTOFHER J. DODD, Coaceededi

BAROLD & SAWYER, dictigae

HABOLD E FORD, TERRARIA

FLOYDI. HITILLS, Ladies

BOBERT N. EDGAR, Pesostradia

бирот я 00

Лежатіноа, !

WALTIAL PAMITBOI, Ocea

BAROLDE FOND

FLOYDI FITILLI

ROBIRT I. EDGAB

STEWABI B. SLICINET

LO TIS STONES, Es Ofecto

SAUTELL DELINE, Es OCCO

Sabceramizes on the

Assassin lion of

Joks Y. Keady

BICTABDSOY PRETER Chatrea

TONNE BRATRIATE BEBEL

CHRISTOPHER I. DODD

CHARLES THOSE

HAROLD 8. SAMEE

LOUTSSTONES, Es Onco

BANTEL L, DENIE, IS ONIO

G. Robert Blakey

Chief Counsel and Director

*N 68262 Docld:32177661 Page 6

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## Page 7

-3.

U. S. House of Representatives

Select Committee on Assassinations

Washington, D.C., December 29, 1978

Hon. Edmond L. Henshaw, JI.

Clerk of the

House

U. S. Capitol

ROOm

H105

Washington, D.C. 20515

Dear Mr. Henshaw:

On behalf of the Select Committee on Assassinations,

and pursuant to the mandate of House Resolutions 222 and 433,

I am filing for presentation to the House of Representatives

the enclosed Summary of Findings and Recommendations of the

Select Committee on

Assassinations.

As has been agreed upon with the Speaker of the

House, the Committee

is filing this Summary

of Findings

and Recommendations while the preparation of the complete

volumes of its Final Report continues under your auspices.

The complete Final Report will include Volume I, the Findings

and Recommendations of the Select Committee with an analysis

of the evidence concerning each finding and recommendation;

and_Volumes II and sequential volumes, which will contain

the Committee's hearings,

scientific reports,

and other

materials pertinent to the Committee's investigation.

These

volumes will be presented to the House as soon as they can be

suitably prepared for publication, including, where appropriate,

the declassification of classified information.

anticipated that the entire Final Report will be published

by March 30, 1979.

Sincerely,

Louis Stokes

Chairman

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- 4 -

TABLE OF CONTENTS

.... ... 5

II.

Pindings of the Select Comnittee on

Assassinations in the Assassination o1

Or. Martin Luther King, JI..........................1l

III.

Recommendations of the Select Committe

n Assassinations.......

..12

NW 68262 Docld:32177661 Page 8

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## Page 9

-5 -

A Restates all one three

shots he fired struck the President.

the tdend shot he fired killed the

President Kennedy was struck

by two rifle shots fired from

behind him.

2.

The shots that struck President

3. 200 the are or in of the

southeast corner of the Texas

school Book Depository building.

4. Hee Hases aal, hate be oe

a was present on the sixth Iloc

f the Texas School Book Depositor

building.

Kennedy.

NW 68262_ Docld:32177661 Page 9

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## Page 10

• 6 .

B.

c.

Scientific acoustical evidence

establishes a high probability

Other scientific

evidence does not preclude the

possibility of two gunmen firing

at the President. Scientific

evidence negates some specific

conspiracy allegations.

The Committee believes, on the

basis of the evidence

available

to it, that President John F.

Kennedy was probably assassinated

as a result of a conspiracy.

Committee is unable to identify

the other gunman or the extent of

the conspiracy.

1. The Committee believes, on the

basis of the evidence available

to it, that the Soviet Government

was not involved in the assassina-

tion of President Kennedy.

2.

The Committee believes, on the

basis of the evidence available

to it, that the Cuban Govern-

ment was not involved in the

assassination of President

Kennedy •

3.

The Committee believes,

basis of the evidence available

to it, that anti-Castro Cuban

groups, as groups, were not

Involved in the assassination

of President Kennedy, but that the

available evidence does not

preclude the possibility that

individual members may have been

involved.

4.

The Committee believes, on the

basis of the evidence available

to it, that the national

syndicate of organized crime,

as a group, was not involved in

he assassination of President

Kennedy, but that the available evidence

does not preclude the possibility

that individual members may have

been involved.

5.

The Secret Service, Federal Bureal

if Investigation and Centra:

Intelligence Agency were not

involved in the assassination of

President Kennedy.

NW 68262 Docld:32177661 Page 10

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- 7-

D.

Agencies and departments of the

United States Government performed

with varying degrees of competency

in the fulfillment of their duties.

President John F. Kennedy did not

receive adequate protection.

thorough and

reliable investigation

into the responsibility of Lee Harvey

Oswald for the assassination of

President John F. Kennedy was conducted.

The investigation into the possibility

of conspiracy in the assassination was

inadequate.

The conclusions of the

investigations were arrived at in good

faith, but presented in a fashion that

was too definitive.

1.

The Secret Service was deficient

in the performance of its duties.

(a)

The Secret Service possessed

information that was not

properly analyzed, investi-

the President's trip to

Dallas; in addition, Secret

Service agents in the motor-

(b) The responsibility

of the

Secret Service to investigate

the assassination was terminated

when the Federal Bureau of

Investigation assumed primary

investigative responsibility.

2. The Department of Justice failed to

exercise initiative in supervising

and directing the investigation by

the Federal Bureau of Investigation

of the assassination.

NW 68262 Docld:32177661 Page 11

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## Page 12

- 8 -

3. The Federal Bureau of Investigation

performed with varying degrees of

competency in the fulfillment of its

duties.

(a) The Federal Bureau of Investigation

adequately investigated Lee Harvey

Oswald prior to the assassination

and properly evaluated the evidence

it possessed to assess his potential

to endanger the public safety in

a national emergency.

The Federal Bureau of Investigation

conducted a thorough and professional

investigation into the responsibility

Fine harvey Oswald for the assassina-

(c)

The Federal Bureau of Investigation

failed to investigate adequately

the possibility of a conspiracy to

assassinate the President.

(d) The Federal Bureau of Investigation

was deficient in its sharing of in-

formation with other agencies and

departments.

' The Central Intelligence Agency wa

leficient in its collection and sharin

of information both prior to and subsequent

to the assassination.

5.

The Warren Commission performed with

varying degrees of competency in the

fulfillment of its duties.

(a) The Warren Commission conducted

a thorough and professional investi-

gation into the responsibility of

Lee Harvey Oswald for the assassination.

NW 68262 Docld:32177661 Page 12

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## Page 13

- 9 -

(b)

(c)

(d)

The Warren Commission failed to

investigate adequately the possi-

bility of a conspiracy to assassi-.

nate the President. This deficiency

was attributable in part to the

failure of the Commission to receive

all the relevant information that

was in the possession of other

agencies and departments of the

government.

The Warren Commission arrived at

its conclusions, based on the

evidence available to it, in

good faith.

The Warren Commission presented

the conclusions in its report

in a fashion

definitive.

that was too

NW 68262 Docld:32177661 Page 13

+7497-7744797774930

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## Page 14

FEDERAL BURRAU OF INVESTIGATION

POSTPONEMENT INFORMATION SHEET (JFK MATERIALS)

Page(s) withheld entirely at this location in the file.

One or more of the following statements, where indicated,

explain this

deletion (these deletions).

() Deletions were made pursuant to the postponement

rationale indicated below with no segregable material

available

for disclosure.

All references relate to

Section 6 of the "President John F. Kennedy Assassination

Records Collection Act of 1992."

[] Subsection 1A (intelligence agent's identity)

[] Subsection 1B (intelligence source or method)

Subsection 1C (other matter relating to military

defense, intelligence operations or

the conduct of foreign relations)

[]

Subsection 2

(living person who provided

confidential information)

[]

Subsection 3

[)

Subsection 4

(unwarranted invasion of privacy)

(cooperating individual or foreign

government, currently reguiring

protection)

[]

Subsection 5

(security or protective procedure,

currently or expected to be utilized)

Al Information pertained to a matter unrelated to the JFK

Assassination investigation.

[ ]

For your information:

XXXXXXXXX

XOXXXXXX

XXXXXXXXXX

The following number is to be used for reference

regarding this page (these pages) :

HQ 62-117290-1432X p10,11 (ENCL)

XXXXXXXX

XXXXXXXXX

XXXXXXXXXX

NW 68262 Docld:32177661 Page 14

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- 12 -

III.

Recommendations of the

Select Committee on Assassinations

I.

Legislative Recommendations

on Issues Involving

the

Prohibition,

Prevention and

Prosecution of Assassinations

and Federally Cognizable

Homicides

A. Prohibition and Prevention

1. The Judiciary Committee should process

for early consideration by the House

legislation that would make the assassina-

tion of a Chief of State of any country,.

or his political equivalent, a federal

offense, if the offender is

an American

or acts on behalf of an American

citizen, or if the offender can be located

in the United States.

2.

The Judiciary Committee should process for

early consideration by the House compre-

hensive legislation that would codify,

revise and reform the federal law of

homicide, paying special attention to

,assassinations.

The Judiciary Comnittee

should give appropriate attention to the

related offenses of conspiracy, attempt,

assault and kidnapping in the context of

assassinations.

Such legislation should be

processed independently of the general pro-

posals for the codification, revision or

reform of the Federal criminal law.

The

Committee should address the following

issues in considering the legislation:

(a)

(0)

Distinguishing between those persons

who should receive the protection of

federal law because of the official

positions they occupy and those

persons who should receive protection

of federal law only in the performance

of their official duties,

Extending the protection of federal

law to persons who occupy high

judicial and executive positions,

including Justices of the Supreme

Court and Cabinet officers,

(c)

The applicability of these laws to

private

individuals in the exercise

of constitutional rights,

(d)

The penalty to be provided for

homicide and the related offenses,.

including the applicability and

the constitutionality of the death

penalty,

NW 68262 Docld:32177661 Page 15

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3.

- 13 -

(e)

The basis for the exercise of federal

jurisdiction, including domestic

and extraterritorial reach,

(f)

he pre-emption of state jurisdictio

ithout the necessity of any actio

•n the part of the Attorney General

there the President is assassinated.

(g)

The circumstances under which

ederal jurisdiction should pre-

empt state jurisdiction in other

cases,

(h)

the power of federal investigativ

gencies to require autopsies to b

performed,

(i)

The ability of federal investigative

agencies to secure the assistance

of other federal or state agencies,

including the military, other laws

notwithstanding,

(j)

The authority to offer rewards

to apprehend the perpetrators of

the crime,

(k)

A requirement of forfeiture of the

instrumentalities of the crime,

(1)

The condemnation of personal or

other effects of historical interest,

(m) The advisability of providing,

consistent with the first amendment,

legal trust devices to hold for the

benefit of victims, their families,

or the general treasury, the profits

realized from books, movie rights,

or public appearances by the perpetrator

of the crime, and

(n)

The applicability of threat and physical

zone of protection legislation to

persons under the physical protection

of federal investigative or law

enforcement agencies.

The appropriate Committees of the House

should process for early consideration by

the House charter legislation for the

Central Intelligence Agency and Federal

Bureau of Investigation.

The Committees

should address the following issues in

considering the charter legislation:

(a)

The proper foreign and domestic

intelligence functions of the

intelligence and investigative

agencies of the United States,

NW 68262 Docld:32177661 Page 16

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## Page 17

-14.

(b)

. (c)

(₫)

(e)

(f)

(g)

(h)

The relationship between the

domestic intelligence functions

and the interference with the

exercise of individual constitutional

rights,

The delineation of proper law

enforcement functions and techniques

including:

(1) the use of informants and

electronic surveillance,

(ii)

guidelines to circumscribe

the use of informants or electronic

surveillance to gather intelligence

on, or investigate, groups that

may be exercising first amendment

freedoms, and

(iii)

the proper response of intelligence

or investigative agencies where

information is developed that an

• Informant has committed a crine.

Guidelines to consider the circum-

stances,

if any, when an investigative

agency or a component of that agency

should be disqualified from taking

an

active role in an investigation because

of an appearance of impropriety growing

out of a particular intelligence or

investigative action,

Definitions of the legislative scope

and extent of "sources and

methods"

and the

"informant privilege"

as a

rationale for the executive branch

withholding information in response

to Congressional or judicial process

or other demand for information,

Institutionalizing efforts to co-

ordinate the gathering,

sharing,

and analysis of intelligence informa-

tion,

Insuring those agencies that primarily

gather intelligence perform their.

function so as to serve the needs of

other agencies

that primarily engage

in physical protection, and

Implementing mechanisms that would

permit interagency

tasking of:

particular

functions.

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II.

- 15 .

B.

Prosecution

The Judiciary Committee should

consider the impact of the provisions

of law dealing with third-party records.

bail and speedy trial as it applies to

both the investigation and prosecution

of federally cognizable homicides.

2. The Judiciary Committee should examine .

passed special prosecutor

legislation to determine if its provisions

should be modified to extend them to

presidential assassinations and the

circumstances,

if any, under which they

should be applicable to other federally

cognizable homicides.

Administrative Recommendations to

the Executive

The Department of Justice should re-examine

its contingency plans for the handling of

assassinations and federally cognizable homi-

cides in light of the record and findings of

the Committee.

Such an examination should

consider the following issues:

A. Insuring that its response takes full

advantage of inter

and intraagency'

task forces and the strike force approach

to investigations and prosecutions,

B.

Insuring that its response takes full

advantage of the advances of science and

technology, and determining when it should

secure independent panels of scientists

to review or perform necessary scientific

or secure qualified independent

forensic pathologists to perform a forensic

autopsy.

C.

Insuring that its fair trial/free press

guidelines,

consistent with an alleged

offender's right to a fair trial,

allow

Information about the facts and circum-

stances surrounding an assassination

promptly be made public, and promptly

be corrected when erroneous information

Is mistakenly released, and

D.

Entering at the current time into negotiations

with representatives of the media to secure

voluntary agreements providing that photographs.

audio tapes, television tapes and related

matters, made in and around the site of

assassinations, be made available to the

government by

consent immediately following

an assassination.

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• 16 -

III.

General Recommendations for

Congressional Investigations

A.

The appropriate Committees of the House

should consider amending

the Rules of the

House to provide for a right to appointive

counsel in investigative hearings where a

witness is unable to provide counsel from

private funds.

в.

The appropriate Committees of the House

should examine the Rules of the House governing

the conduct of counsel in legislative and

investigative hearings and consider delineating

guidelines for professional conduct and ethics,

including

guidelines to deal with conflicts

of interest in the representation of multiple

witnesses before a Comnittee.

c. .

The Judiciary Committee should examine the

adequacy of federal law as it provides. for

the production of federal and state prisoners

before legislative or investigative committees

under a writ of habeas corpus ad testificandum.

D.

The appropriate Committees of the House should

examine

and: clarify

the applicability to

Congressional subpoenas of recently enacted

legislative restrictions on access to records

and other documents.

E.

The appropriate Comnittees of the House should

consider legislation that would authorize

the establishment of a legislative counsel

to conduct litigation on behalf of committees

of the House incident to the investigative

or legislative activities and confer jurisdic-

tion on the United States District Court for

the District of Columbia to hear such lawsuits.

F.

The appropriate committees of the House

should consider if Rule ll of the House

should be amended, so as to restrict the

current access by all Members of the House

to the classified information in the possession

of any committee.

IV.

Recommendations for Further

Investigation

A. The Department of Justice should contract for

the examination of a

film taken by Charles

I. Bronson to determine its significance, if

any, to the assassination of President Kennedy.

B.

The National Institute of Law Enforcement

and Criminal Justice of the

Department of

Justice and the National Science Foundation

should make a study of the theory and

application

of the principles of

acoustics to forensic

questions,

using the materials available in

the assassination of President John F. Kennedv

as a case study.

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- 17 -

c.

The Department of Justice should

review the Committee's findings

and report in the assassinations

of President John F. Kennedy and

DI. Martin Luther King, JI., and

after completion of the recommended

investigation enumerated in Sections

A and B, analyze whether further

official investigation is warranted

in either case.

The Department of

Justice should report its analysis

to the Judiciary Committee.

NW 68262 Docld:32177661 Page 20

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## Page 21

10/4/21. 12:32 PM

Summary of Findings | National Archives

= NATIONAL ARCHIVES

Summary of Findings

Summary of Findings and Recommendations

• Findings in the Assassination of President Kennedy

• Findings in the Assassination of Reverend King

• Recommendations of the Select Committee on Assassinations

1. Findings of the Select Committee on Assassinations in the Assassination of President John F.

Kennedy in Dallas, Tex., November 22, 1963

A. Lee Harvey Oswald fired three shots at President John F. Kennedy. The second and third

shots he fired struck the President. The third shot he fired killed the President.

1. President Kennedy was struck by two rifle shots fired from behind him.

2. The shots that struck President Kennedy from behind him were fired from the sixth floor

window of the southeast corner of the Texas School Book Depository building.

3. Lee Harvey Oswald owned the rifle that was used to fire the shots from the sixth floor

window of the southeast comer of the Texas School Book Depository building.

4.

Lee Harvey Oswald, shortly before the assassination, had access to and was present on

the sixth floor of the Texas School Book Depository building.

5. Lee Harvey Oswald's other actions tend to support the conclusion that he assassinated

President Kennedy.

B. Scientific acoustical evidence establishes a high probability that two gunmen fired at

President John F. Kennedy. Other scientific evidence does not preclude the possibility of

two gunmen firing at the President. Scientific evidence negates some specific conspiracy

allegations.

C. The committee believes, on the basis of the evidence available to it, that President John F.

Kennedy was probably assassinated as a result of a conspiracy. The committee is unable to

identify the other gunman or the extent of the conspiracy.

• 1. The committee believes, on the basis of the evidence available to it, that the Soviet

Government was not involved in the assassination of President Kennedy.

2. The committee believes, on the basis of the evidence available to it, that the Cuban

Government was not involved in the assassination of President Kennedy.

3. The committee believes, on the basis of the evidence available to it, that anti-Castro

Cuban groups, as groups, were not involved in the assassination of President Kennedy,

but that the available evidence does not preclude the possibility that individual

members may have been involved.

4. The committee believes, on the basis of the evidence available to it, that the national

syndicate of organized crime, as a group, was not involved in the assassination of

President Kennedy, but that the available evidence does not preclude the possibility

that individual members may have been involved.

https://www.archives.gov/research/jfk/select-committee-report/summary.html#king

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10/4/21, 12:32 PM

Summary of Findings | National Archives

5. The Secret Service, Federal Bureau of Investigation and Central Intelligence Agency

were not involved in the assassination of President Kennedy.

D. Agencies and departments of the U.S. Government performed with varying degrees of

competency in the fulfillment of their duties. President John F. Kennedy did not receive

adequate protection. A thorough and reliable investigation into the responsibility of Lee

Harvey Oswald for the assassination of President.John F. Kennedy was conducted. The

investigation into the possibility of conspiracy in the assassination was inadequate. The

conclusions of the investigations were arrived at in good faith, but presented in a fashion

that was too definitive.

1. The Secret Service was deficient in the performance of its duties.

2. The Secret Service possessed information that was not properly analyzed, investigated

or used by the Secret Service in connection with the President's trip to Dallas; in

addition, Secret Service agents in the motorcade were inadequately prepared to protect

the President from a sniper.

3. The responsibility of the Secret Service to investigate the assassination was terminated

when the Federal Bureau of Investigation assumed primary investigative responsibility.

E. The Department of Justice failed to exercise initiative in supervising and directing the

investigation by the Federal Bureau of Investigation of the assassination.

F. The Federal Bureau of Investigation performed with varying degrees of competency in the

fulfillment of its duties.

a. The Federal Bureau of Investigation adequately investigated Lee Harvey Oswald prior to

the assassination and properly evaluated the evidence it possessed to assess his

potential to endanger the public safety in a national emergency.

The Federal Bureau of Investigation conducted a thorough and professional

investigation into the responsibility of Lee Harvey Oswald for the assassination.

c. The Federal Bureau of Investigation failed to investigate adequately the possibility of a

conspiracy to assassinate the President.

d. The Federal Bureau of Investigation was deficient in its sharing of information with

other agencies and departments.

G. The Central Intelligence Agency was deficient in its collection and sharing of information

both prior to and subsequent to the assassination.

H. The Warren Commission performed with varying degrees of competency in the fulfillment

of its duties.

a. The Warren Commission conducted a thorough and professional investigation into the

responsibility of Lee Harvey Oswald for the assassination.

b. The Warren Commission failed to investigate adequately the possibility of a conspiracy

to assassinate the President. This deficiency was attributable in part to the failure of the

Commission to receive all the relevant information that was in the possession of other

agencies and departments of the Government.

c. The Warren Commission arrived at its conclusions, based on the evidence available to

it, in good faith.

d. The Warren Commission presented the conclusions in its report in a fashion that was

too definitive.

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Summary of Findings | National Archives

Page 3

Findings of the Select Committee on Assassinations in the Assassination of Dr. Martin Luther

King, Jr. in Memphis, Tenn. April 4, 1968

A. James Earl Ray fired one shot at Dr. Martin Luther King, Jr. The shot killed Dr. King.

1. Dr. King was killed by one rifle shot fired from in front of him.

2. The shot that killed Dr. King was fired from the bathroom window at the rear of a

roominghouse at 422 1/2 South Main Street, Memphis, Tenn.

3. James Earl Ray purchased the rifle that was used to shoot Dr. King and transported it

from Birmingham, Ala. to Memphis, Tenn., where he rented a room at 422 1/2 South

Main Street, and moments atter the assassination, he dropped it near 424 South Main

Street.

4. It is highly probable that James Earl Ray stalked Dr. King for a period immediately

preceding the assassination.

5. James Earl Ray fled the scene of the crime immediately after the assassination.

6. James Earl Ray's alibi for the time of the assassination, his story of "Raoul", and other

allegedly exculpatory evidence are not worthy of belief.

7. James Earl Ray knowingly, intelligently, and voluntarily pleaded guilty to the first

degree murder of Dr. King.

B. The committee believes, on the basis of the circumstantial evidence available to it, that

there is a likelihood that James Earl Ray assassinated Dr. Martin Luther King as a result of a

conspiracy.

C. The committee believed on the basis of the evidence available to it, that no private

organizations or individuals, other than those discussed under section B, were involved in

the assassination of Dr. King.

D. No Federal, State or local government agency was involved in the assassination of Dr. King.

E. The Department of Justice and the Federal Bureau of Investigation performed with varying

degrees of competency and legality in the fulfillment of their duties.

1. The Department of Justice failed to supervise adequately the Domestic Intelligence

Division of the Federal Bureau of Investigation. In addition, the Federal Bureau of

Investigation, in the Domestic Intelligence Division's COINTELPRO campaign against Dr.

King, grossly abused and exceeded its legal authority and failed to consider the

possibility that actions threatening bodily harm to Dr. King might be encouraged by the

program.

The Department of Justice and Federal Bureau of Investigation performed a thorough

investigation into the responsibility of James Earl Ray for the assassination of Dr. King,

and conducted a thorough fugitive investigation, but failed to investigate adequately

the possibility of conspiracy in the assassination. The Federal Bureau of Investigation

manifested a lack of concern for constitutional rights in the manner in which it

conducted parts of the investigation.

Page 4

Ill. Recommendations of the Select Committee on Assassinations

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I. Legislative recommendations on issues involving the prohibition, prevention and prosecution of

assassinations and federally cognizable homicides

a. Prohibition and prevention--

1. The Judiciary Committee should process for early consideration by the House

legislation that would make the assassination of a Chief of State of any country, or his

political equivalent, a Federal offense, if the offender is an American citizen or acts on

behalf of an American citizen, or if the offender can be located in the United States.

2. The Judiciary Committee should process for early consideration by the House

comprehensive legislation that would codify, revise and reform the Federal law of

homicide, paying special attention to assassinations. The Judiciary Committee should

give appropriate attention to the related offenses of conspiracy, attempt, assault and

kidnaping in the context of assassinations. Such legislation should be processed

independently of the general proposals for the codification, revision or reform of the

Federal criminal law. The committee should address the following issues in considering

the legislation:

a. Distinguishing between those persons who should receive the protection of Federal

law because of the official positions they occupy and those persons who should

receive protection of Federal law only in the performance of their official duties,

b. Extending the protection of Federal law to persons who occupy high judicial and

executive positions, including Justices of the Supreme Court and Cabinet officers,

c. The applicability of these laws to private individuals the exercise of constitutional

rights,

d. The penalty to be provided for homicide and the related offenses, including the

applicability and the constitutionality of the death penalty,

e. The basis for the exercise of Federal jurisdiction, including domestic and

extraterritorial reach,

f. The preemption of State jurisdiction without the necessity of any action on the part

of the Attorney General where the President is assassinated,

g. The circumstances under which Federal jurisdiction should preempt State

jurisdiction in other cases,

h. The power of Federal investigative agencies to require autopsies to be performed,

i. The ability of Federal investigative agencies to secure the assistance of other

Federal or State agencies, including the military, other laws notwithstanding,

j. The authority to offer rewards to apprehend the perpetrators of the crime,

k. A requirement of forfeiture of the instrumentalities of the crime,

I. The condemnation of personal or other effects of historical interest,

m. The advisability of providing, consistent with the first amendment, legal trust

devices to hold for the benefit of victims, their families, or the general treasury, the

profits realized from books, movie rights, or public appearances by the perpetrator

of the crime, and

n. The applicability of threat and physical zone of protection legislation to persons

under the physical protection of Federal investigative or law enforcement agencies.

3. The appropriate committees of the House should process for early consideration by the

House charter legislation for the Central Intelligence Agency and Federal Bureau of

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Summary of Findings | National Archives

Investigation. The committees should address the following issues in considering the

charter legislation:

a. The proper foreign and domestic intelligence functions of the intelligence and

investigative agencies of the United States,

b. The relationship between the domestic intelligence functions and the interference

with the exercise of individual constitutional rights,

c. The delineation of proper law enforcement functions and techniques including:

i. The use of informants and electronic surveillance,

ii. guidelines to circumscribe the use of informants or electronic surveillance to

gather intelligence on, or investigate, groups that may be exercising first

amendment freedoms, and

ill. the proper response of intelligence or investigative agencies where information

is developed that an informant has committed a crime,

a. Guidelines to consider the circumstances, if any, when an investigative agency or a

component of that agency should be disqualified from taking an active role in an

investigation because of an appearance of impropriety growing out of a particular

intelligence or investigative action,

e.

Definitions of the legislative scope and extent of "sources and methods" and the

"informant privilege" as a rationale for the executive branch withholding

information in response to congressional or judicial process or other demand for

information,

f. Institutionalizing efforts to coordinate the gathering, sharing, and analysis of

intelligence information,

g. Insuring those agencies that primarily gather intelligence perform their function so

as to serve the needs of other agencies that primarily engage in physical protection,

and

h. Implementing mechanisms that would permit inter-agency tasking of particular

functions.

b. Prosecution--

1. The Judiciary Committee should consider the impact of the provisions of law dealing

with third-party records, bail and speedy trial as it applies to both the investigation and

prosecution of federally cognizable homicides.

2.

The Judiciary Committee should examine recently passed special prosecutor legislation

to determine if its provisions should be modified to extend them to Presidential

assassinations and the circumstances, if any, under which they should be applicable to

other federally cognizable homicides.

Il. Administrative recommendations to the Executive

The Department of Justice should reexamine its contingency plans for the handling of

assassinations and federally cognizable homicides in light of the record and findings of the

committee. Such an examination should consider the following issues:

a. Insuring that its response takes full advantage of inter- and intra-agency task forces and the

strike force approach to investigations and prosecutions,

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Summary of Findings | National Archives

b. Insuring that its response takes full advantage of the advances of science and technology,

and determining when it should secure independent panels of scientists to review or

perform necessary scientific tasks, or secure qualified independent forensic pathologists to

perform a forensic autopsy,

c. Insuring that its fair trial/free press guidelines consistent with an alleged offender's right to

a fair trial, allow information about the facts and circumstances surrounding an

assassination promptly be made public, and promptly be corrected when erroneous

information is mistakenlv released, ans

d. Entering at the current time into negotiations with representatives of the media to secure

voluntary agreements providing that photographs, audio tapes, television tapes, and

related matters, made in and around the site of assassinations, be made available to the

Government by consent immediately following an assassination.

IlI. General recommendations for congressional investigations

A. The appropriate committees of the House should consider amending the rules of the House

to provide for a right to appointive counsel in investigative hearings where a witness is

unable to provide counsel from private funds.

The appropriate committees of the House should examine the rules of the House governing

the conduct of counsel in legislative and investigative hearings and consider delineating

guidelines for professional conduct and ethics, including guidelines to deal with conflicts of

interest in the representation of multiple witnesses before a committee.

C. The Judiciary Committee should examine the adequacy of Federal law as it provides for the

production of Federal and State prisoners before legislative or investigative committees

under a writ of habeas corpus ad testificandum.

D. The appropriate committees of the House should examine and clarify the applicability to

congressional subpoenas of recently enacted legislative restrictions on access to records

and other documents.

E. The appropriate committees of the House should consider legislation that would authorize

the establishment of a legislative counsel to conduct litigation on behalf of committees of

the House incident to the investigative or legislative activities and confer jurisdiction on the

U.S. District Court for the District of Columbia to hear such lawsuits.

F. The appropriate committees of the House should consider if rule 11 of the House should be

amended, so as to restrict the current access by all Members of the House to the classified

information in the possession of any committee.

IV. Recommendations for further investigation

A. The Department of Justice should contract for the examination of a film taken by Charles L.

Bronson to determine its significance if any, to the assassination of President Kennedy.

B. The National Institute of Law Enforcement and Criminal Justice of the Department of

Justice and the National Science Foundation should make a study of the theory and

application of the principles of acoustics to forensic questions, using the materials available

in the assassination of President John F. Kennedy as a case study.

C. The Department of Justice should review the committee's findings and report in the

assassinations of President John F. Kennedy and Dr. Martin Luther King, Jr., and after

completion of the recommended investigation enumerated in sections A and B, analyze

whether further official investigation is warranted in either case. The Department of Justice

should report its analyses to the Judiciary Committee.

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Summary of Findings | National Archives

Bibliographic note: Web version based on the Report of the Select Committee on Assassinations of the U.S. House of

Representatives, Washington, DC: United States Government Printing Office, 1979. 1 volume, 686 pages. The formatting

of this Web version may differ from the original.

The U.S. National Archives and Records Administration

1-86-NARA-NARA or 1-866-272-6272

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