## Page 1

1104-10333-10001

2025 RELEASE UNDER THE PRESIDENT JOHN F. KENNEDY ASSASSINATION RECESSION 00

5FK-11-18,F2

U4.

AAAl

4100-

Assassination Records Review Board

600 E Street NW - 2nd Floor • Washington, DC 20530

(202) 724-0088-Fax: (202) 724-0457

Assassination Records Review Board

CHON TO

The Honorable John R. Tunheim, Chair

RELCADAORE

MID/OR

FORMATION

Experience

IN THIS DOCUMENT

State of Minnesota, Chief Deputy Attomey General, 19S6-Present

State of Minnesota, Office of the Attorney General, Solicitor General, 1985-86

State of Minnesota, Office of the Attorney 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., Concordia College, 1975

Dr. Henry F. Graff

Experience

Columbia University, Professor Emeritus of History, 1991- T'resent

Freedom Forum Media Studies Center, Senior Fellow, 1991-92

Columbia Universily, Department of History, Instructor to Full Protessor,

1946-91, Chairman, 1961-64

Education

Ph.D., Columbia University, 1949

M.A., Columbia University, 1942

B.S., City College, 1941

80A40 MERGERS: John R. Tunheim, Chair - Hanuf Gonff."

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Dr. Kermit L. Hall

Experiencs

The Ohio State University, Dean, College of Humanities, and Professor of History and

Law, 1994 - Present

The University of Tulsa, Dean, College of Arts and Sciences and Professor of History

and Law, 1992-94

University of Florida, Associate/Full Professor of History and Law, 1981-92

Wayne State University, Assistant/ Associate Professor, Department of History,

1976-81

Vanderbilt University, Assistant Professor, Department of History, 1972-76

Education

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

Dr. William L. Joyce

Experience

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 Socicty, Worcester, Massachuselts, 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.

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1.

M.A., St John's University (N.Y.), 1966

B.A., Providence College, 1964

Dr. Anna K. Nelson

Experience

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

Tulane University, Adjunct Associate Professor 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

[ducation

Ph.D., George Washington University, 1972

M.A., University of Oklahoma, 1956

B.A., University of Oklahoma, 1951

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## Page 4

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CH 40940.92/20TION TO

DECAUSE CATION AND/CR

FaLCASE OF CIA INFORMATION

IN THAS DOCUMENT

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

Field: Religion and Society

Affiliation: Graduate Associate, Center for European Studies

Awards: French Government Grant; Krupp Foundation Fellow; Gilbert Chinard Award.

Institut Français de Washington, Center for European Studies Grant

J.D. Boston University School of Law, 1987. Magna cum laude

Awards: Hennessey and Liacos Distinguished Scholar

A.M. University of Chicago, General Studies in Humanities, 1978

Award: University Fellowship

B.A.

Brigham Young University, international Relations and Humanities, 1974, High 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 casès); appellate (including Supreme Court) litigation; extensive

church-state 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

Ropes & Gray, Summer Associate, Boston, MA, 1987

Goodwin, Procter & Hoar, Summer Associate, Boston, MA, 1986

TEACHING EXPERIENCE

Harvard University, Graduate Teaching Fellow, 1980-84

Ethics and International Relations (Stanley Hoffmann)

Rise of American Power (Emest May)

Art and Politics (Simon Schama)

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## Page 5

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T. Jeremy Gunn

Page 2

Paris and London in the Nineteenth Century (John Clive)

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 Technology, Instructor in History, 1980-81: 1981-82

Brigham Young University, Instructor in History and Humanities on overseas study program

in Paris, France 1975

PUBLICATIONS

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 (1996) (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 International Law 854 (1994) (book

review)

"Neutrality, Expression, and Oppression," 23 Journal of Law & Education 391

(1994)

"Applying Coercion: The Latest Element"of Establishment," in Why We Need

Public Schools: Church/State Relations and Visions of Democracy (Alt Must, ed.,

1992)

RECENT PROFESSIONAL ACTIVITIES

Chair, Committee on Human Rights, District of Columbia Bar (1995-present)

Co-Chair, Committee on Public International Law, District of Columbia Bar (1994-95)

General Counsel, National Committee for Public Education & Religious Liberty (1990-94)

Member, Board of Directors, Washington Council of Lawyers (1993-present)

International Advisory Board, World Report on Freedom of Conscience and Belief

U.S. Institute of Peace Working Group on Religion, Ideology, and Peace (1994-present)

Who's Who of American Lawyers (8th ed.)

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AAB NO OBJSCTION TO

AARON AND/OR

RELATER CA GIA INFORMATION

The Assassination Records Review Board was established by Ne President John F.

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 University.

Dr. Kermit L. Hall; Dean, College of Humanities, and Professor of History at The Ohio

State University.

DI. William L. Joyce; Associate University Librarian for Rare Books and Special

Collections at Princeton University.

Di. Anna K. Nelson; Adjunct Professor of History at American University.

The Review Board has until October 1, 1997 to fulfill its mandate.

-30-

030022

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## Page 7

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ASSASSINATION

RECORDS REVIEW BOARD

Chairman:

John R. Tunheim

Board Members:

Henry Franklin Graff

Kermit Hall

William Joyce

Anna Kasten Nelson

Executive Director:

David Marwell

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## Page 8

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1-.

JOHN R. TUNHEIM

Minnesota Chief Deputy Attorney Gencral

102 State Capitol

Saint Paul, MN 55155

612/296-2351

Jack Tunheim is Chief Depuly Attorney Gencral in the Minnesota Altorney

General's Office — a position he has held since June, 1986. The senior appoinied official

in the Altorney General's Office, he is responsible for supervising and directing all

opcrations of the officc, with a staff of over 200 lawyers and 400 total employces.

Among his duries are the supervision of all legal services, including both criminal and

civil litigation, the recruitment and supervision of the officc's lawyers, chairing the

management team, represenung the governor and other top state officials, working with

the Legislature, and handling significant constitutional cases.

Prior 10 1986, he seryed as Minnesota Solicitor General and Manager of the

Allomey General's Public Affairs Ligation Division. He spent three ycars in privac

practice with the St. Paul law firm, Oppenheimer, Wolff, Foster, Shepard and Donnelly

and served as law Clerk to Senior U.S. Distnce Judge Earl Larson in Minncapolis. He is

a 1980 cum laude graduale of the University of Minnesota Law School where he served

as President of the Minnesota Law Review. He is a 1975 summa cum laude graduale of

Concordia College in Moorhead, Minncsota and served from 1973-1978 as a Staff

Assistant 10 U.S. Senator Hubert 11. Humphrey.

In February, 1994, lus nominauon by President. Clinton to be a member of the U.S.

Assassination Records Revicw Board'(AARB) was confirmed by the U.S. Senatc. The

AARB is responsible for ensuring and facilitating the review and public disclosure of

govemment records related to the assassination of Fresident John F. Kennedy.

He currently icaches federal and state construcional law as al Adjunci Professor of

Law ar the University of Minnesota Law School. He has served as a visiung lecurer al

the University of Minnesola Law School since 1985 on the subject of presenting effectiv

oral arguments. Jack is currently a Mondale Fellow at the Hubcit H. Humphrey Institute

of Public Affairs at thc Uruversity of Minnesota. He serves on the Board of Directors of

the Minnesota Institutc for Legal Educarion and is a frequent continuing legal cducation

presenter, with a special focus on the Minnesota Constituton.

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## Page 9

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..t

He has personally argued three cases before the United States Supreme Court.

Hodeson 1. Slate of Minnesola (1989). Perpich v. U.S. Departmens of Defense (1990).

and Growe v. Emison (1992), winning/wo. He serves the United Stares District Coun for

ire District of Minnesota as a member of buth the Federal Practice Cominittee and the

Advisory Committee on Civil Jusuce Reform. Jack currently serves on the Executive

Committee and as Seciciary and immediate past-Ircasurer of the American Bar

Association Division on Govemment and Public Secior Lawyers. He was a member of

the Special Committee on Lawyers in Government that successfully proposed

establishing the new division. He also founded and reccntly completed a two-year term

as Co-Chair of the Public Law Section of the Minnesota State Bar Associarion. 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 Convention both in 1988

and in 1992.

He is the 1991 recipient of tse Marvin Award from the National Association of

Attorneys General, annually presented to the most outstanding assistan anomeys general

in America. He received the 1988 President's Distinguished Service Award from NAAG

for his work as an ediror of the book Office of Muorney General: Powers and Duties. He

has lectured al each of NAAG's Management Trairung Seminars and at numerous NAAG

meetings and seminars. He chaired the 1990 and the 1991 Chief Depuries Conferences

and has done frequent management consulung for auomeys gencral and their staffs. He

chaired the first NAAG Management Review Team for the Idaho Attorney General's

Office in 1991 and served on the NAAG Management Review Team for the Arkansas

Allomey General's Office in 1992 and the Ohio Allomey General's Office in 1993. He

chaired the Revicw Tean for the Virgin Islands Anorney Gencral's Office in September,

1993.

In 1990, he served as a member of Governor Perpich's Select Commitice 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 Arca Synod of the Evangelical Lutheran

Church in America. In 1985, he co-chaired the Minnesola State Bar Associa-

rion/Auorncy General Task Force on Legal Advice to Farmers: and in 1983. lie was a co-

founder of the Minnesota Pregnancy and Infant Loss Center. He served as Chair of the

Washingion County Planning Advisory Commission from 1082-1992. He is currently

Chair of the Board of Directors of Family Service Sr. Croix, Vice-Chau of the Sallwater

Cily Chaner Commission and a member of the boards Midsummer: A Minnesota Festival

of Music and the Norwegian-American Histoncial 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 Sanuel.

TUNTUA"

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## Page 10

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waterer.

1.7.1

-U.

Die UrU.

HENRY F. GRAFF

Professor Emeritus of History. Columbia University

Born in New York City on August 11, 1921, he was educated in

the public schools, including City College, where he received a

3.S.5. degree, magna cum laude in 1941, and was elected to Phi

Beta Kuppa. 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. Mis 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.

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.

remained at Columbia 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 Feinstone 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 1993 he lectured at Lhe. 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 Stales

and the history of the foreign relations of the United states.

He laught courses in both subjects at columbia where he was

member of the faculties of Columbia College, the Graduate School

of Arts and Sciences and the school of International and Public

Affairs.

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 in

1957 and now in its Fiith Edition (1992), the

text edition

currently issued by Harcourt and the trade edition by Houghton

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## Page 11

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Mifflin.

Usually described as "the classic work on research anà

writing," it has been a Book-of-the-Month choice and a selection

of the Quality Paperback Book Club. Graff's best-known general

work is The Tuesday Cabinet: Deliveration and Decision on Peace

and war under Lyndon B. Johnson (Prentice-lall, 1910), 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 Relerence 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 of

published by känd McNally & Company, and now by Houghton Mifflin

Company; This Great Nation (Riverside Publishing Company, 1983) :

America: the Glorious Republic (Houghton Mifflin Company,

revised edition, 1990).

Graff has written extensively for the loading historical and

popular journals and magazines.

His 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 or

essays on selected aspects of presidential history.

tot 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. In 1976 he was the historical consultant for CBS's bicenten-

nial series.

The? American Parade: In 1986-1 he was the consul-

tant for ABC's acclaimed series, Our 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.

2

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## Page 12

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• 8001000

In 1966 Graff received City College's coveted lownsend

Harris Medal in recognition of distinguished post-graduate

achievement in his chosen field.

He has been honored with

columbia's Great leacher Award and with the Mark Van Doten Award,

bestowed by the student body of Columbia College for distin-

guished 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 Freedom

Forum. Media Studies Center (formerly the Gannett Foundation Media

center) at Columbla 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."

]

Graff serves as a member of the board of Directors"of' the

Hand

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

o the caterial boys o constitution.

magazine, and was a member of the edilorial 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

Kelations,

P.E.N.. and the Authors Guild. le is a Follow of the

Society of American Historians.

He is also à member of the

Century Association and the Council of Foreign Relat.ions..

Graff is married to the former Edith Krantz. They have two

daughters, Iris Joan Morse (MIs. Andrew K. Morse) and Ellen Toby

Graff, a partner in the law firm of Wier, Malkin & Bellex.

The

Graffs reside at 47 Andrea Lane, Scarsdale, New York 10583.

February 6, 1994

Additional details may be found in the current edition of who's

Who in America.

3

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## Page 13

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iieo.

1.4.1

1itdtis.

INAN

WILLIAM L. JOYCE

EXPERIENCE:

Princeton University

Assoclate University Librarlan for Rare Books and Special Collections, 1986

This posillon entalls managing the Rare Books and Specläl Collections Department of the Princeton University Libran.

Including supervising a pormanent staff of about 45, oversecing the budget, planning the Department's programs

(Induding aoquisitions. cataloging. collection dovelopment. conservation, reference and access.exhibltlons.and

publications) and space needs, and reviewing and rovising as necessary policles and procedures for the Departman:

Additional responsibilities include sitting on tho Library Council which assists the University Librarian In directing

the Princeton University Libraries, and serving as liaison for the Library to the Friends of the Princeton University

Library (of which I am also Secretary).

Columbia University School of Library Service

Adjunct Faculty, 1984-1992

This appointman! involved leaching threo coursos, 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 lie Arents Collections of Tobacco and Books in Parts. The position emphasized developing the

Fare Books and Manuscripis Diviston's programs and spaco needs, overseeing the budget, supervising a

permanent staft of 15, and reviewing and revising as necessary procedures for the continuing development ard

management of the Library's rare books, manuscripts and archives holdings.I also participated as a curator in

the inaugural exhibition in Gottesmann Gallery. "Censorship: 500 Years."

American Antiquarian Society

Education Officer, 1977-1981

With the assistance of a grant for the Andrew,. Mellon Foundation, this position was created to plan and

implement seminars, colloquia, lectures, an academic conference, readirigs, an adull education course.

and musical performances that improved scholarly use of AAS holdings and made the Society a more

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, lunded by the National Endowment for the Humanities, that provided

for the systematic arrangement and description of the Society's manuscripi collections. (see Publications)

William L. Clements Library. The University of Michigan Manuscripis Librarian, 1968-1972

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## Page 14

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4ij1118

William L. Joyce

SELECTED PROFESSIONAL ACTIVITIES:

Socicty of American Archtulsts

Committee on Professional Standards, 1987-1992 (Chalman, 1988-1989)

Vloe-President then President, 1985-1987

Councll, 1981-1985

Co-charman, 1981 Program Committee, Annual Meeting, Berkeloy, 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, Assoclation of College and Research Libraries (ALA).

Vice-chairman then Clairnan. 1987-1989

Planning Coinmittee, 1991-1993

Continuing Education Committee, 1984-1986

Publications Committee, 1985-1989

Conservalion Center for Artistle and Historical Artifacts. Philadelphia, PA.

Board of Directors, 1992-

Bibliographical Socioty ol 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 Councll on Library Resources, 1987-1990

The Grolier Club of New York City, 1983-Council, 1990-

Research Librarles Group

Advisory Task Force on Furicional Requirements for the AMC Formal, 1980-1981

Committed on Archives and Special Collections, 1985-1991

American Historical Association

Mamber (elected), Prolessional Division Committee, 1979-1981

Now Jersey State Historical Records Advisory Board, 1987-

New York State Histoncal Hecords Advisory Doard, 19811986

New York State Historical Documents Inventory Advisory Committee. 1984-1905.

Massachuseiis L.S.C.A. Advisory Couricil on Libraries, 1975-1977

National Endowment for the Humanities: Panelist. 1975. 1980, and 1988

Numerous vorsulting assignments

SELECTED PUBLICATIONS:

"Foxes Guarding the Hen House: Archivists in Speclal Collections,.

Provenancei Joumal.of the Seciesy of Georgia Archivisis. v. 7. no. 1 (Spring 1989), 53-60.

"Archival Education: Two Fables," American Acchivist v. 51 (1988), 16-22.

"The Evolution of the Concept of Special Collections in American

Nesearch Libraries," Bare Books and Manuscrials Librarianship, v.3 (1988). 19-30.

•Ar Uneasy Balance: Voluntarism and Professionalism". American Archivist. v.50 (1987), 7-12

Page 2

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## Page 15

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41010-0

William L. Joyce

Page 3

SELECTED PUBLICATIONS, continued

Rare Books, Manuscripts, and Other Speclal Collections Materials:

Integration or Separation?" College and Research Libraries. v. 45 (1984). 442-445.

"Archlvists and Research Use." American Archivlsi. v.. 47 (1984), 124-33

"Historical Records Repositories," in Documentina America:

Assossina the Condition of Historical Beeerds In the Statos. Lisa

B. Weber, ed. (Washington, D. C.: National Historical Publications and Records Commission, 1981).

with David D. Hall, Richard D. Brown and John B. Hench, eds.

Printing and Secicty in Lady America. (Woroester, Mass.: American Antiquarian Society, 1983).

with Mary Jo Pugh, Evaluation of Archival Institutions: Services.

Principles, Gulde te Sell-Study. (Chicago: Society of American Archivists, 1982)

*Antiquarlans and Archapologists: The American Antiquarian Society. ..

1812-1912, Proceedings of tha American Antiquarian Seciety, v. 89 (1979), 123-52.

"Introduction," in Catalogue of the Manuscriol Collections of the American Antiquarian Society

4 vols. (Bosjon: G. K. Hall and Co., 1979).

wil: Michael G. Hall, "The Half-Way Covenant of 1661: Some New Evidence."

Eroosedings of the American Antiquarian Soclely. v. 87 (1977), 97-110.

Editors and EthnicItV: A History of the Irish-Amerkan Press. 1818-1483 (New York: Amo Press, 1976).

EDUCATION:

Ph.D. The University of Michlgan, 1974

M.A. St John's University (N.Y:). 1966

B. A. Providence College, 1964

for more blographical information, see Whe's Who in America. 46th ed.

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## Page 16

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...

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_KLII@VAXI. UTULSA. EDU

Employment and Education.

Kermit L. Hall is Dean of the College of Arts & Sciences and

Professor oi law and History at The University of Tulsa: where

he

teaches

undergraduate.

graduate, and

law

courses in

Ancrican, Constitutional and Legal History. Until 1992 he was

a Professor of Law and History at the University uf 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.

fublications

The Oxford Companion to the supreme Court (Oxford, 1992).

which received the American Library Association's award lor

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 Bool: of the Month

Club for

Saptember, 1993.

By and For the People:

Constitutional kights in American

History (Harlan Davidson, "1991) .

The Magic Mirror: Law in Aucrican History (Oxford, 1990) -

The Politics oi Justice (Nebraska, 1979) .

A Comprehensive Bibliography of American Constitutional and

Legal History (7 vols., Kraus, 1984, 1991), which was selected

by Choice as an outstanding academic book for 1905.

Wilh Paul Finkelman and William M. Wiecek, American Lega=

History: Cases and Materials (Oxford, 1992).

]

---

## Page 17

13-00000

with

Eric Rise, From Local courts to National Tribunals

(carlson, 1992).

With

Ely.

in Uncertain Tisdition:

constitutionalism and

the History of the south (georzen.

1989).

He is completing a case history of New York Times v. Sullivan

under the title Heed Their Kising Voices, to be published by

MCGraw-Hill in 1994, and is supervising the preparation of the

Oxtora companion to american Law, to be published by oxtora

University Press in 1995. He is also the aulhur of more than

60 scholarly articles and essays in books.

Professional Activities

Professor Hall has been a Fulbright scholar in Finland and a

visiting Scholar at the American Bar Foundation; he has also

held

fellowships from the National

Science

Foundation, the National Endowment for the Humanities, the

American Council of Learned societies, the Exxon Education

Foundation, the

Rocketeller foundation, the U.s. Department

oi Educalion, and

lectured and conducted seminars on the American legal system,

legal

education,

and

Czechoslovakia.

legal

history in

Poland

and

liall has

served as i consultant for script preparation and

production of several television programs and documentaries,

including "The Federal City" (Maryland Public Broadcasting,

Public schools"

(Maryland

broadcasting, 1939), "Frohinition and constitutional change"

(Maryland

Public, Brosdcasting,

"Simple justice"

(New Images Productions and WGAH, 1993) .

Hall is currently chairperson of the Bill of kights tducation

collaborative, a joint eifort of the American Historical

issociation 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 lhe American Journal of

Legal listori, editor of

Bicentennial Essays on the Bill o1

Rights, a monograph series published by oxiord University

Press, co-editor with david O'Brion of constitutionalism and

Democracy.

monograph

series published by the University

Press of Virginia, a member of the Board of Directors of the

Oklahoma

School

of

Sclence

and

Mathematics,

the

ERIC

Clearinghouse for Social Studies Education, and a member of

the Board of Advisors,

American Bar Association's Commission

on College and University Nonprofessional Legal Studies.

---

## Page 18

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1116

12.201

1.4.1

11.01

AAAL

Anna Kagten Nelson

3121 Quebec Pl. N.W.

Washington, D.C. 20008

George Washington University

Ph. D. History, 1972

ACADEMIC POSITIONS

Adjunct Professor in History

The American University, 1986-1988, 1992-

Visiting Professor in History

Arizona State University, Spring 2992

Associate Professor in History

rajunet sociate proversit in History

Tulane University, 1988 -90.

Instructor to Adjunct Associate Professor in History

George Washington University, 1972 - 1985

Director, History and Public Policy Program,

George Washington University, 1980-82.

SELECTED CONCURKENT POSITIONS

Consultant, Historical Division, Army Corps of Engincors,

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.

Regearch Associate, National Study Commission on Records and

Documents of

Federal Officials, 1976-1971.

RECENT AND OTHER SELECTED PUBLICATIONS

"History as a Period Piece?" (feature Review),

Diplomatic History, Winter 1995.

"The Importance of Foreign Policy Process: Eisenhower

and the National Security. Council," in Fisenhower: A

Centenary Assessment., LU Press, 1991 (forthcoming) •

"George Aiken: Scnator from Vermont," Vermont History

(forthcoming) .

"Wayne Morse," Robert Cutler," articles for American

National Biography. (forthcoming)

"The ubiquitous MI.

Clifford." (Review Essay).

Diplomatic Historye Winter 1993.

1

---

## Page 19

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00.1:0i0:s

.1111

1.4d

1.1.1

AALi

"The Historian's Dilemma," Understanding Congress:

Research Perspectives, GPO, 1991.

Ros easion and a dacional securse

"John Foster Dulles and the Bipartisan Congress,"

Political Science Quarterly, Spring, 1987.

"President Truman and the Evolution of the National

Security Council," Journal of American History, september,

1985.

" 'On Top of Policy Hill": President Eisenhower, and the

National Security Council." Diplomatic History. Fall, 1983.

State Department Policy Planning Staff

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 ACTIVITIES AND ORGANIZATIONS

Guest Editor, "Rethinking the Cold War," Organization of

American Historians Magazine 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 caucation, 1988 and 1992; CAll Newsletter, 1984: SHAFR

Newsletter (Society for Historians of American Foreign

Relations), June -December 1977.

senri can into tet en

Member, Jt. Comnittee of fristorians/Archivists, 1989-91.

Member (elected), Research Division, 1986-89

Organization of American Historians

Department of State Advisory Committee on listorical

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 AllA and

OAll on access to public records and archival policy,

(November, 1981: March 1982: Junc 1983: September 1986;

September 17, 1986)

---

## Page 20

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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 ho held the

position of Chief of Investigative Research. At OSI, he was involved in researchings 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 of personnel. The

investigations were two of the most unusual ever undertaken and through them he gained

significant 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 by a

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. •

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;

• Created a fully professional document conservation and restoration program;

• Developed a staff (50 Germans and 20+ Americans) that is better trained and :

far more responsible, flexible and creative than it had been;

---

## Page 21

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CIA HAS NO OBJECTION TO

DSCLASSIFICATION AND/OR

RELEASE OF CIA INFORMATION

NOMINATIONS HEARING

IN THIS DOCUMENT

before the

SENATE COMMITTEE ON GOVERNMENTAL AFFAIRS

on

Tuesday, February 1, 1994

10:00 a.m.

Room 562 of the Dirksen Senate Office Building

WITNESS LIST

MEMBERS, ASSASSINATION RECORDS REVIEW BOARD

Henry Franklin GIaff

Nominee

Kermit I. Hall

Nominee

TO BE INTRODUCED BY:

The Honorable David L. Boren

United States Senator (D-OK)

William I. Joyce :

Nominee

Anna Kasten Nelson

Nominee

John R. Tunheim

Nominee

TO BE INTRODUCED BY:

The Honorable Paul Wellstone

United States

• Senator (D-MN)

---

## Page 22

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BIOGRAPHICAL AND FINANCIAL INFORMATION REQUESTED OF

HENRY FRANKLIN GRAFF

A. BIOGRAPHICAL INFORMATION

1. Name: Henry Franklin Graff

2. Position to which nominated:

Member, Assassination Records Review Board.

3. Date of nomination: November 5, 1993.

4. Address: 47 Andrea Lane Scarsdale, NY 10583-3115.

Office at

same address.

5. Date and place of birth: August 11, 1921, New York,

NY:

6. Marital status: married, Edith Krantz

7. Names and ages of children: Iris Graff Morse, 45 years old;

Ellen Toby Graff, 39 years old.

8. 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,

columbia university, New York, NY %-41-5/A2 M.A6 4942

3/46-6/49 Ph.D. 6/49

9. 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, NX, 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)

1

---

## Page 23

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HENRY FRANKLIN GRAFF, cont'd

11. Government experience:

Member, National Historical Publications Commission, ap-

pointed by President Lyndon B. Johnson, 1965, reappóintea.

1968.

Member, Historical Conmittee, United States Air Force, 1972-

80.

12. Previous Appointments: No.

13. Business relationships:

Director, Rand McNally & Company, Skokie, IL

Partner,

Parkview Realty Company, Yonkers, NY

Secretary-Treasurer, Graff-47 Realty Corp., Scarsdale,

NY

Chairman, Friends of the Columbia University Libraries

Former trustee, Columbia University Press

14. 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

15. Political affiliations and activities:

(a) none

(b)

none

(c)

none

16. Honors and awards:

Fellowship, American Council of Learned Societies, 1942

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

2

---

## Page 24

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HENRY FRANKLIN GRAFF cont'd

17. Published writings:

BOOKS:

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.

The Adventure of the American People (with John A. Krout)

(Chicago, Rand McNally & Co. 1959, second ed:, 1968, third

American themes: Selected Aadresses of John Allen Kiout (with

Clifford k. 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,

i do 0, 7,

second ed., 1972, third ed., 1977, fourth ed., 1980.)

with the Editors of silver burdett, thomas setterson

(Morristown, No., 1967)

ed., American Imperialism and the Philippine Insurrection

(Boston, Little Brown & Co., 1969)

The Tuesday Cabinet: Deliberation and Decision on Peace and

War under Lyndon Be Johnson (Englewood Cliffs, NJ, Prentice-

Hall, 1970.

The Call of Freedon (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 History (New York, Charles Scribner's

Sons, 1985)

CHAPTERS OF -BOOKS:

"Problem of the Interregnum," in The Dynanics 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 Ilmes

"The

Magazine, October 2, 1960, PP. 15, 88-89.

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 Imperialion," In John A. Garraty and Peter

Gay, eds., The Columbla History of the World (New York, 1972.

---

## Page 25

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HENRY F. GRAFF cont'a

ARTICLES:

"The Early Impact of Japan upon American Agriculture," Agricultural

"The Lesson of a Japanese Revolution,

210 CORY, 2312 (APT11, 1949), Pi POlICICOl Selence QuaTterIE.

65:3 (September 1950, PP. 431-40).

"Bluejackets with Perry In Japan," New York Publie Library

Bulletin+ 55: 5+22166-85- 15547 162-800-225-400 476-879

449-50 (Jan-Jul).

•"Knowledge for Freedom," Baltimore Bulletin of Education, 31-4,

API1I 1954.

"Playing Political Possum Isn't Bady," The New York Ilmes Magazine,

June 26, 1960, pp. 13, 40-1.

"problen of the Interregnum," The New York Iimes Magazine, October

2, 1960,

pp. 88-9.

"BIpartisanship: Only a Dream," The New York Times Mägazine,

December 25, 1960, PP. 8, 12-3.

"QuipmasteIs or politica,

The New York Iimes Magazine, September

17, 1961, pp. 16, 39-41.

"The kind of Mayor LaGuardia Was," The New York lines Magazine.:

October 22, 1961, pp. 46; 52-3.

"McGuffey'& Lessong--and Un-Lessgns,

" The New York Times Magazine,

December 3, 1961, PP: 50-2, 110-15.

"The college Survey Course In American History," Social Education,

25:281-3, October 1961.

"CEEB Advanced Placement Examination: American History - Commentary

by Henry I. Graff," Social Education 26: 251-62, May 1962.

"Decease of the Log-Cabin Legend," The New York Times Magazine,

June 30, 1963.

"Iffe

With Pather, the President," The New York Ilues Magazine,

July 14, 1963.

Reprinted The Milwaukee Journal,

November 13, 1963.

"Preserving the Secrets of the White House," The New York Tines

Isppecanoe to Scranton,

• 163, "'The N2v Tork Timeo Megarine

"A Hearth a 9y,» Perten erstase, *V, Mo. S (Auguet, 1974),.

"The Man Who -- Loses," The New York Ilmes Magazine, November 15, 1964,

pp. 36, 132, 134.

"The Presidency, by the Presidents," The New York Tines Magezine,

Apr1I 12, 1964, pP. 18-19,

105.

"Isolationian Aga1n

-- with a Difference," The Neu York Ilues

Magazine, May 16. 1965, PP. 26-27, 98-100.

Reprinted In

Congressional Record,

111 No. 93 Monday, May 24, 1965,

10981-83. Also reprinted in

Freedom House Reprint Series,

No. 17.

4

---

## Page 26

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HENRY F. GRAFF cont'a

"Decision In Viet Nan: How Johnson Makes Foreign Policy," The

New York Iimes Magazine, July 4, 1965, pp. 4-7, 16-20.

Reprinted In Robert A. Divine, ed. Anerican Forelgn

Policy Since 1945.

Chicago: Quadrangle Books,

1969,

PP. 215-32. Abridged, The Sunday Times (London), July

"Teach-In on Vietnam,

1, 1965. PP. 114 The New York Ilmee Maßezine, Hasch 20,

1966, pp. 25. 128-133.

"The Health of Presidente," American Heritare, XV11, No. 6 (October.

1966) pp. 4-5, 106-111.

"Patriotse Values In America: An HistorIan' & Vleu, " Perapectives"

In Defense Management, August, 1968, pp. 1-17.

"Troubled America 1& Changing," (Be1 ve yan deuce keate toke:

1n Yomiuri Shimbun (TokyoO, September 28,1968.

serles,

"Thia 18 America" (Zoku Kore 88 Anerika de):

Subsequent articles.were "Trend of the Ilmes,

'Black-White

coexistence'

"(TokI no negaTe 'KurO-Shiro kyoson'),

October 6. 1968;

"The Difficult Perlod of Polltical Be-

organization," (Se111 salhenki no nayaul), October ö, 1969.

Al80, 1n English,

"Americans Aware of Need to Adjuat Föreign

Pollcy, "

"Transition at the White House,

November 5, 1969; The New Leader, LI, No, 25

(December 30, 1968) . pp. 3-7.

"Salo

W. Baron: Historian

of

the Jevs" (Symposiun), Jewlsh Heritege,

x1. No. 4, (Summer, 1969), PP. 45-47.

"Participatory Foreign Policy," The New Leader, 1111, No. S

(March 2, 1970); pp. 10-15.

Reprinted In Congressional

Record, cxv1,

"The

"From

1974, pP. 7-9.

Independence to Interdependence," in America at 200.

Headline Serles, no. 227, PP. 36-60. New York, Forelgn

Policy Association, Inc.1975.

"The President and the Press," In Covering the '76 Elections:

A Dialogue Between Journallats and Soclal Scientista

(Columbla Journallen Monograph, NO. 2, 1976).

"Io Choose a President," published March 7, 1976 (wIltten for

Associated Presa).

"Do Americans Understand Democracy?" In Perspectives in Defense

Management, No. 24, WInter 1975-1976, pp. 69-77.

"Presidents as Pennan,"

1n Dora B. Weiner and Willlan B. Reylor,

eds., From Parnassus: BaBayB in Honor of Jacques BaIzuR,

New York, 1977.

"Lyndon B. Johnson: Prustrated Achlever," in Philip C. Dolce

and George Skau, eds., Power and the Presidency. (New York.

1977)•

5

---

## Page 27

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HENRY F. GRAFF cont'd

"Presidents are Now Mayore," The New York Ilues, July 18, 1979.

"Electing Civilians," The New York Times, February 22, 1980.

"Threats to Presidency,

" The New York Iimes, July 25,

1980.

"The vexing of the U.S. Presidency: An Interulew wich Henry

8. Graff," by Ceil Cleveland, Columbia, Fall, 1980,

PP. 33-7.

MISCELLANEOUS PIECES:

Blographical sketch of Jacob Ruppert in Dictionary of American

BlOgIaphY, Supplement 2, pp. 589-90 (New York, 1958):

Introduction to Mergaret Baagett, Profiles and Portraite Of;

American Presidente, (Freeport, Maine, 1964) ..

Preface to Janes

Warner Bellah, Soldiers' Battle: Gettysburg,

New York 1962.

REVIEW ESSAYS AND REVIEWS:

Numerous reviewa and review articles for:

American Historical Review

Journal of Modern History

Political Science Quarterly

The New Leader

Columbis Law Review

Saturday Revleu

The New York Times Book Review

---

## Page 28

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HENRY F. GRAFF conta

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

Heine Zimmerman

Yet to be published are those of Casey Stengel and Jackie

Robinson, which will appear shortly in the latest supplement

volumes of the DAB.

I contributed the articles on Gerald Ford and Branch Rickey to

the Reader's Companion to American History (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.

7

---

## Page 29

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HENRY FRANKLIN GRAFF, cont'a

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.

3: 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 connitment to employ your services in any

capacity after you leave government service?

No.

8

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## Page 30

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HENRY FRANKLIN GRÄFF 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

sociates, tients or customers

and other continuing dealings with business as

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 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 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.

9

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## Page 31

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HENRY FRANKLIN GRAFF, cont'd

6. Do you agree to have written opinions provided to the Conmit

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 complaint

to any court, administrative

agency, professional association,

disciplinary conmittee, 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 of 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.

10

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## Page 32

13-00000

E. FINANCIAL DATA

(Retained in Comnittee Files.)

---

## Page 33

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AFFIDAVIT

Henry F. Graff

_ 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.

16-

Subscribed and sworn before me this

Intelipatin

otar/Publi

Notary Public, State of New York

mower: P

BRETCHEN BARBIERI

No. 4776146

contain are san 5, 95 95. -

aPo: 1001

'427 (m)

---

## Page 34

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PRE-HEARING QUESTIONS FOR

HENRY F. GRAFT

TO BE A MEMBER OF THE

ASSASSINATION RECORDS REVIEW BOARD

I NOKINATION PROCESS AND POTENTIAL CONELICIE

Were any conditions, expressed or implial; attached to your

nomination to be a nember of the dusassination Records Review

Board (ARRB) ?

No.

2. Have you made any comnitments with respect to policies or

prograns affected by your role as a nember of the ARRB? IS s0s,

what are they?

No.

3. Are there any issues involving the ARRB IrON which you nay

have to disgualify yourcelf? Il 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.

II. ROLE AND RESPONSIBILITIES

What particular qualifications and experience do you bring to

the role of being a member of the ARRB?

First, 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

plomatic vet

I believe that I have a well-

developed sense of historical objectivity.

Second, I served to terms as a member of the National

Historical

publications Commission to which I was appointed and

then reappointed by President Johnson.

A chief function vas 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.

Third, as co-author

of The Modern Researcher (which has been

described

as the "classic guide to research and writing" and

1

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## Page 35

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82

which non is in its Fifth Edition and Its thirty-sixth year of

publication), I have a keen sense of the sethods and neads 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 deternina-

tion of the board to fulfill the purpose of the legislation

creating it.

The second is to help oversee the orderly and complete

gathering of the docunents fron the raspoctive agencies holding

The first priority 1s to help structure the Board so that

the work can proceed expeditiously and efficiently.

The second priority is to 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?

(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 nay emanate fron

the white House, while keeping in mind that the Board's own

integrity is the highest desideratun.

(b) to the congress: I will ain 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 fron 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.

to inquiries and suggestions that may emanate iron the Congress,

while keeping in mind that the Board's own integrity is the

highest desideratum.

(c) to other executive branch agencies: I will be respon-

sive to the special concerns that assembling the pertinent

documents nay create. Still, I feel obliged to keep firmly in

wind that the Board's mission is the highest desideratum.

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?

The Executive Director is central to the success of the

Board's mission.

He or she must be a person of judgment,

2

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1

The ExeCutiVe Director 1s central to the success of the

Board'& mission. He or she sust be a person of judguent,

prinaiple, and enorgy, exporiencod in dealing with masses of

historical naterial and capable of confortably delegating work to

subordinates.

The person sust be history-minded as well as

capable of administering justly and effectively an enterprise

that will be substantial in size and enduring in 1ta impact on

the nation's. The Executive Director must be avare fron the

outset that he or she will have to be in regular contact with the

Board on all vital lssues 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

assume that the Bxecutive Director will have a comparatively free

hand in the selection of subordinates in order to guarantee the

ultinate responsibility of the Executive Director for the

thoroughness of the undertaking.

I would expect to be consulted

on nominees for staff positions as significant issues arise.

IILL 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 coples of any relevant saterial.

I vas interviewed by the scarsdale Inquirer in the week after

President Clinton announced his Intention to nominate me to the

ARRB. I offered sone 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.

Menbers 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 sone 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 diplonatic 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

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## Page 37

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and to 10 Downing street by special Branch in the Pentagon, and

was also classified TOP SECRET ULTRA.

(b) What do you think of our current security classlfication

system?

for example, would you say it operates well, has

integrity, and serves the public interest?

I an not familiar with the intricacies of the classification

system at present.

I have never requested documents under the

Freedon of Information Acts and have no personal experience on

which to bage an answer to the sub-question.

As a diplomatic historian, I have been concerned that the

long time-lag that now obtains in the publication of the Foreign

elations of the United States Series could be considerabl

hortened without danage to the national interest

3.

one of the dutles of the ARRB will be to determine what

constitutes an "assassination record". What criteria do you

think should be used to nake this determination?

I belleve 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

avaluated by the Board on a case-by-case basis.

IV. RELATIONS WITH CONGRESS

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 confired?

Yes.

2. Do you agree without reservation to reply to any reasonable

request for information from any duly constituted connittee of

the congress, or its duly authorized agent, if conformed?

Yes.

4

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BIOGRAPHICAL AND FINANCIAL INFORMATION REQUESTED OF NOMINEES

A. Biographical Information

:

1. Name:

Kermit L. Hall

2.

Position for which Nominated:

Member of the Assassination Records Review Board

3.

Date of Nomination:

September 9, 1993

4.

Address:

Home:

office:

1500 S. Frisco, 2F, Tulsa, OK 74119

college of Arts &

Sciences,

Suite

111,

Chapman

Hall, The University of Tulsa, Tulsa, OK 74104-3189

5. Date and place of 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, Diplona, June,

1962.

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.

1

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## Page 39

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Harvard University, Institute for aucational Management,

Cambridge, Massachusetts, 1993, Certificate, July 1993.

9. 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 of History, University of

Minnesota, Minneapolis, Minnesota, January 1969-June 1971.

Instructor,

Metropolitan

Junior College, Minneapolis,

Minnesota, September 1971-June 1972.

Assistant

Professor,

Department

of Histöry, 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.

10. Military Service:

Second and First Lieutenant, U. S. Army security Agency,

January 1968-December 1969, Honorable Discharge.

11.

Government experience:

Member, Historical Advisory Board, Federal Judicial Center,

1989-present.

Member, Board of Directors, Oklahona School of Science and

Mathematics, 1992-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 Program, 1985-1991.

12. Previous Appointments:

No previous federal nomination.

2

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13. Business relationships:

Member,

Board of Advisors,

Anerican Bar Association

commission on College and University Legal Studies,

1993-

present.

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.

raveson far iane American Constitution," Maryland Public

co-editor,

Constitutionalisn and Democracy, The University

Press of Virginia, 1991-present.

co-editor, Southern Legal History, The University of Georgia

Press, 1993-present.

Co-editor, Studies in Western Legal History, The University of

Nebraska

Press, 1987-present.

Editor,

Great Cases in American Constitutional History,

McGraw-Hill Publishers, 1991-present.

Editor, Bicentennial Essays on the Bill of Rights, oxford

University Press, 1986-present.

14. 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

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## Page 41

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American Society for Legal History (Chair of Program

Committee, Member, Board of Trustees, Chair of Comnittee on

Openness)

The Society of Historians of the Early Republic

Social Science History Association

Western History Association (Member,

Progran. Connittee,

Member, Board of Editors, Hestern 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)

American Bar

Association (Member,

Advisory Committee, on

College and University Legal Education)

The National Audobon Society

National Geographic Society

Philbrook Museum

Gilcrease Museun

All Souls Unitarian Church

The Tulsa Philharmonic Society

15. 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.

b.

C.

None.

List all memberships and offices held in and services

rendered to all political parties or election comnittees

during the last 10 years.

None.

Itemize all political contributions to any individual,

campaign organization, political party, political actior

committee, or similar

entity of $50 or more for the past

5 years.

Check-off

on

income

tax return for presidential

campaigns.

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## Page 42

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16.

Honors and awards:

"Native Americans and Higher Education, " Sunner 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 Dusts,

1991 - 1994°

Fellow, Center for Great Plains Studies, Lincoln, Nebraska.

American Historical Association Nominee, Charles A. Dana

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 Anerican 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

University, Japan, 1985-1986. (declined)

* 1985-194. La Aerican studies, Kobe

"Collaboratives on Teaching the History of the American

Constitution in Secondary Schools," Grant, William and Flora

Hewlett Foundation, 1984-1987.

5

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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.

Politics

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," National

Endowment for the Humanities, Sumner Stipend, 1982.

"A Bibliography of

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, Sumner, 1976.

"The Politics of Federal Judicial Selection," Grant-in-Aid,

The American Council of Learned Societies, Sumner, 1975.

17. 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, Erom Local Courts to National

Iribunals: The Federal District 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 Federal

Judicial Selection and the Second American Party System,

1829-1861 (Lincoln: The University of Nebraska

1 Press, 1979) •

6

1

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Edited Books:

Kermit L. Hall, editor-in-chief, The exford companion to the

supreme court

(New York:

Oxford University Press,

1992) •

(James W. Ely, JI., Joel Grossman, and Willlau M. Wiecek

associate editors).

Oxford University Press, 1991)•

Kermit L.

Hall, Major Problems in American Constitutional

History, 2 vols. (Lexington, Ma: D. C. Heath ana company,

1991) •

Davidson, Inc., 1991).

Kermit L. Hall and James W. Ely, JI., 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 legad History.

• 5 vols.

(Millwood, NY:

Kraus Thomson

• International, 1985)• supplemente 1980-1987

(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 Kernit L. Hall, eds., The Correspondence

I James ke Poke Volume FOUr. 1835-183

(Nashville:

anderoilt University Press, 1915. not included

Articles and Chapters in Books:

"Of Floors and Ceilings:

State Bills of Right and the

American Constitutional Tradition," in David J. Bodenhamer and

James W. Ely, JI., eds.. New Perspectives on American Iberty

(Bloomington, IN:

240.

Indiana University Press, 1993) , pp. 213 -

"Of Floors and Ceilings: The New Federalism and State Bills

Rights," Florida. Law Review

44 (September 1992,

forthcoming).

7

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## Page 45

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"If All the world were philadelphia: Allen steinberg's Ihe

Transfornation of criminal Justice, " Pennsylvania History 27

(Summer 1992): 13-21.

"The Irony of the Federal Constitution's Genius: State

Constitutional Development, in

Peter Nardulli,

ed., The

constitution and American Pelitical Development:

Institutional Perspective (Urbana:

University of Illinois

Press, 1992): 235-261

"The Legal Culture of the Great Plains," Great Plains

Quarterly 12 (Spring 1992): 86-98.

"The Legacy of Nineteenth-Century State Bills of Right's,"

Perspectives on Intergovernmental Relations 17 (Fall 1991):

15-18.

"'Mostly Anchor and Little Sail': State Constitutions in

American History," in Toward a Usable Past: Liberty Under

State Constitutions, in Paul Finkelman and Steven Gottlieb,

eds. (Athens, Ga:

University of Georgia Press, 1991), pP.

388-418•

Supreme Court, Original Intent,

and. the Bill of

Rights, " in Raynond Arsenault, ed., Srucible 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,"

Benchmark: A Quarterly Review of the constitution and Courts

4 (Summer 1990): 227 - 238.

sullivan ane las Times, californto Western Low Revies

suwavan ana Its times,

(1990-1991): 339 - 359.

"Framing the Bill of Rights," in 'By and For the People':

Constitutional Rights in American History,

Kermit L. Hall,

(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.

8

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id

"The American Citizen: The Developing Legal Concept," 1 n

Foundations of American citizenship; New Directions

for

Education (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:

Establishment of Judicial Sovereignty,"

The

and "The Amending

Process and

Constitutional Change,"

in The American

Constitution, ed., Herman Belz (Baltimore: The International

University Consortium, 1987), pP. 41 - 61, 62 - 83, and 400 -

30. (not included)

"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.

"The Magic Mirror: American Constitutional and

Legal

History," The International Journal of social Education 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 Klux 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," Emory Law Journal 33

(Fall 1984): 921-51.

"Progressive Reform and the Decline of Denocratic

Accountability: The Popular Election of State Supreme Court

Judges,

1850-1920," American Bax Foundation Research Journal

(Spring 1984): 345-70. Reprinted in Robert F. Williams, State

Constitutional Law:

Cases and Materials,

2nd

ed.

(Charlottesville, Va.: The Michie Company, 1993) •

"FIOn Ballot to Bench:

Popular Election

and

the

Southern Appellate Judiciary, 1832-1920," in;

Ambivalent

Legacy: Essays on the legal 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)

9

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## Page 47

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"Isham Green Harris:

Secessionist Governor of

Tennessee," in Buck Yearns, ed., The confederate Governors

(Athens:

University of Georgia Press, 1985), pp. 185-94.

"Constitutional Machinery and Judicial Professionalien! The

Careers

Midwestern State Appellate Court Judges,

1861-1899," In The New High Priests; The legal Profession at

the End of the Nineteenth Century 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)

Political Power

A Review Essay," American Bar Foundation Research Journal

(Spring 1983):

429-39. (not included)

"The 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 and

Pedagogy of American Legal History, " Northwestern University

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 Journal

32 (March 1981): 819-37. (not included)

"The Children of the Cabins: The Lower Federal

Modernization,

the Political

Judiciary Modernizatio Universe elica 1s cultures

1980), 432-71.

Promises and

- Southern

*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

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## Page 48

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"Social

Backgrounds

and Judicial Recruitment:

Nineteenth-Century Perspective on

Judiciary, " The Western Pelitical Quarterly 29 (June 1976):

243-57. (not included)

"Andrew Jackson and the Judiciary: The Michigan

Territorial Judiciary as a Test Case, 1828-1832," Michiaan

History 59 (Fall 1975): 131-51. (not included)

"The Civil War Era as a Crucible

for Nationalizing

the

Lower Federal Courts," Proloque: The Journal of the National

Archives 7 (Fall 1975):

177-86. Reprinted in Joel silbey;

ed., The congress of the United States 1789-1982, vol..

(Brooklyn, NY: Carlson Publishing Company, 1991), pp. 127-136.

(not included)

"West H. Humphreys and the Crisis of the Union, " Tennessee

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:

Carlsor

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)

Biographical Directories:

Contributor to Biographical Dictionary of U. S. Supreme Court

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,

York:

ed. by Leonard Levy and Kenneth Karst (New

Macmillan, 1986)•

Fourteen Essays, fIOM 250 - 2,225

words in length. (not included)

11

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## Page 49

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contributor to Judges of the united states.

2nd

ed.

(Washington, D.C.: U.S.

Government Printing Office, 1984).

over 1,000 biographical entries. (not included)

contributor to The Encyclopedia of Southern History, ed.

David C. Roller and John Twynan (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 Histery (5)

the American Historical Review (8

Tournal of the Farly Republic (4

Chio History (5)

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)

The western Historical Quarterly (3)

Florida Historical Quarterly (5)

Constitutional Commentary (2)

New York History (1)

Law and History Review (1)

Journal of southern History (3)

criminal Justice Histosy (1)

Documentary Editing (1)

Western Legal History (1)

The Register of the Kentucky Historical Society (3)

Georgia Historical Quarterly (3)

The Law and Politics Book Review (1)

18. 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

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"The Changing

' Supreme Court," Public Lecture, Smithsönian

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 he Know About the Bill of Rights at Two-Hundred Years, "

Keynote Address, Central Michigan University, November 1991.

"The Problem of Incorporation and the Second Amendment,"

University of Arizona Law School, Tucson, 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 reaching the constitution ana che

Bill of Rights in the 21st Century, Smithsonian Institution,

Washington, D. C., August 1991.

"First Things First: The 'Central Meaning' of the Bill of

Rights,"

Session Keynote Address, Annual

Association

for

on, co actuate,

Meeting of the

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 Symposiun 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," Symposiun 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

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"The Cultural History of the law of Libel, " Department of

History and College of Law, University of Illinois, April

"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, Iowa,

March 1990.

"Civil Rights and the Law of Libel, 1950-1964," Syracuse

University Law School, October 1989.

"A Little Bad History is Too High A Price for Certainty in the

Law, "

Keynote

Address,

Symposiun

the

History

Constitutional Rights, The Ohio State University, Newark,

April 1989.

"Heed Their Rising Voices: The Civil Rights Background of New

York Times V. Sullivan, "

Boston University Law School, March

1989.

MState Constitutions in the Political Process, " Symposium on

Constitutionalism and the Political Process, university or

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

Constitution,"

Symposium

on

the

History

of

Constitutional Rights,

Pennsylvania State University, June

1987.

"The

Constitution and the Judicial Power

at the

Bicentennial,"

Pensacola

Naval

Air Station

Association

Bicentennial Celebration, Pensacola, Florida, September 1987.

14

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"The American Legal Tradition, " Dinner Address, Dinner in

Honor of the Bicentennial of the U. S. Constitution, United

States Embassy, Finland, Helsinki, finlana, February 1987.

Loyola college of taw,

"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," Department

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, Ütah

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 suprene 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.

19. Congressional Testimony:

U.S. House of Representatives, Subconnittee

on Census and

Population, September 11, 1980, HR 621.9, Bill to Comnemorate

the Bicentenary Era of the Federal Government.

20.

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

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1.

2.

3.

4.

5.

1.

b.

What do you believe in your background or employuent

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?

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, connitments 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 i 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

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I will"

continue to draw my salary as Dean of the Henry Kendall

College of Arts and Sciences at The University of Tulsa.

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.

I know of no investments, obligations, liabilities, or other

relationships which would involve a conflict of interest, real

or potential.

3.

Describe any business relationship, dealing or financial

transaction which you have had during the last 10 years,

whether for yoursel!,

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,

financial transactions occurring in the last 10 years that

pose any conflict of interest.

4.

Describe any activity during the past 10 years in

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.

5. Explain how you will resolve any potential conflict oi

interest, including any that may be disclosed by your

responses to the above items. (Please provide copies of any

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?

xes, I agree to have written opinions provided by the ethics

officer of the appropriate agency and/or by the Office o

Government Ethics.

17

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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?

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 municipa.

regulation or ordinance,

other than a minor traffic offense?

If so, please provide details.

No.

3.

Have you or any business of which you are or were an officer

ever

been

involved as

party

in

interest

in

any

administrative agency proceeding or civil litigation? If so,

provide details.

No.

4.

Have you ever been convicted (including please of guilty or

nolo contendere) of any criminal violation other than a minor

traffic offense?

5.

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

(Retaineá in Committee Files.)

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Affidavit

Kermit I. 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)

suggested, and sworn before ne this 3° day of Novembes.

RAL: ONO

(Notary Public)

Exp.: Sept 8,1997.

2

. 4

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1.

PRE-HEARING ANSWERS FROM

KERMIT L. HALL

TO BE A MEMBER OF THE

ASSASSINATION RECORDS REVIEW BOARD

I. NOMINATION PROCESS AND POTENTIAL CONFLICTS

Were any conditions, expressed or implied, attached to your

nomination to be a member of the Assassination Records Review

Board (ARRB) ?

No.

so, what are they?

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.

II. 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

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

1

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2.

3.

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 issues of

national security, identify a living person 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

surrounding additional information,

records, or testimony from individuals which may reasonably be

required for me to perform my duties under the statute.

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

postponement of

such

record

or

information

or

under

the

appropriate provisions of the statute. Throughout, the statue

clearly provides that the ARRB engaged

in

a mutually

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1.

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?

Members of the ARRB are charged with appointing an Executive

Director,

whose responsibilities include

serving

as

orincipal liaison to Governnent offices: administering ani

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

record should be disclosed to the public or postponed for

disclosure.

That duty resides with the Board alone.

selection of staff members will be done in keeping with the

statutory requirements. Staff members will have no authority

to determine whether

postponed.

a record should be disclosed' or

III: POLICY ISSUES

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.

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

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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.

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 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,

Pike Commission,

the House

Assassination

Committee, the Library of Congress, the National Archives,

Presidential libraries, any Executive agency, any independeny

agency, any other office of the Federal Government, and

State or local law enforcement office that provided support or

assistance or performed work in connection with a Federal

inquiry 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

those records,. or

copies

reproductions made from such records, are not included.

IV. RELATIONS WITH CONGRESS

1. Do you agree without reservation to respond to any reasonable

sunnons to appear and testify before any duly constituted

committee 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.

KitL. Half

Kermit L. Hall

18Nw.1993

Date

4

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United States Senate

Committee on Governmental Affairs

Biographical and Financial Information requested of Nominees

A. Biographical Information

1.

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

Marital status: Married on August 13, 1967 to Carol Bertani Joyce

7. Names and ages of children: Susan, age 25, and Michael, age 21

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8. Education:

-2-

Freeport (N. Y.) Junior- Senior High School

September, 1954- June, 1960

N. Y. S. Regents High School diploma

Providence (R. l.) College

September, 1960- June, 1964

B. A. degree

St. John's University (N. Y.)

September, 1964- June, 1966

M. A. degree

The University of Michigan at Ann Arbor

September, 1966- August, 1974

Ph. D. degree in American history

Employment Record:

William L. Clements Library

The University of Michigar

Manuscripts Librarian: March, 1968- September, 197

American Antiquarian Society

Worcester, Massachusetts

Curator of Manuscripts: October, 1972- July, 1981

Education Officer: July, 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 Special Collections:

January, 1986- present

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-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 Historical

Publications and Records Commission, 1983-84

Previous appointments: I 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, 1987-1992 (Chairman, 1988-1989)

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

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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, 1987-1989

Planning Committee, 1991-1993

Continuing Education Committee, 1984-1986

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, 1985-1991

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

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-5-

Princeton Club of New York

William L. Clements Library Associates, The University of Michigan

15. Political affiliations and activities:

a) I have never held office in a political party or been a candidate for public

office.

b). I 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, I have

never contributed as much as $50 to any candidate.

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 Forged

Documents: Proceedings of the 1989 Houston Conference, Pat Bozeman, ed.

New Castle, Del.: Oak Knoll Books, 1990.

•Foxes Guarding the Hen House: Archivists in Special Collections,",

Provenance: Journal of the Society of Georgia Archivists, v. 7 (1989), 53-60.

"Archival Education: Two Fables," American Archivist, v. 51 (1988), 16-22.

"The Evolution of the Concept of Special Collections in American

Research Libraries," Rare Books and Manuscripts Librarianship, v.3 (1988), 19-30.

"An Uneasy Balance: Voluntarism 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.

"Historical Records Repositories," in Documenting America:

Assessing the Condition of Historical Records in the States, Lisa

B. Weber, ed. (Washington, D. C.: National Historical Publications and Records

Commission, 1984).

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with David D. Hall, Richard D. Brown and John B. Hench, eds. Printing and

Society in Eary America, (Worcester, Mass.: American Antiquarian Society, 1983).

with Mary Jo Pugh, Evaluation of Archival institutions: Services

Principles, Guide te Sell-Study (Chicago: Society of American Archivists, 1982)

"Antiquarians and Archaeologists: The American Antiquarian Society,

1812-1912,* Proceedings of the American Antiquarian Society, v. 89 (1979), 123-52.

"Introduction," in Catalogue of the Manuscript Collections of the 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, v. 87 (1977), 97-110.

Editors and Ethnicity: A History of the Irish-American Press, 1848-1883

(New York: Arno Press, 1976).

18. Speeches:

I do not believe that I have made any speeches on topics directly

relevant to the position for which I 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)

I 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 I have been nominated.

B. Future Employment Relationships

1.

Because the position for which I have been nominated is a temporary

responsibility as a member of a Federal board, I have not resigned my permanent,

full-time position at Princeton University.

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2.

I have not resigned my permanent position at Princeton University, as I have

stated above, and expect to meet my responsibilities at Princeton while also serving

the goverment. I also have a temporary teaching assignment for a twelve week

period, from January 10 through March 25, 1994, at the University of Califomia, Los

Angeles, though I have arranged my schedule in order to be able to attend meetings

of the Assassination Records Review Board. I have also arranged a leave from

Princeton for this period.

3. My only commitment during my service with the goverment is to continue in

my permanent position working for Princeton University, as stated above.

4. The only commitment that l have after my government service is concluded is

to continue my work in the Princeton University Library. I have received no other

offers for commitment of my services after this assignment is concluded.

5.

If confirmed, I will continue my service on the Assassination Records Review

Board for as long as necessary.

C. Potential Conflicts of Interest

1. The only financial arrangements that I 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.. I do not believe that I have any investments, obligations, liabilities, or other

relationships which could involve potential conflicts.of interest in the position for

which I have been nominated.

3.

I do not believe that I 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 I have been nominated.

4. In the past ten years, the only activity in which I 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.

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5.

Should there be any possible conilicts of interest in connection with my service

as a member of the Assassination Records Review Board, I would receive

information from all affected parties, and take appropriate steps to eliminate the

conflict.

6.

I agree without reservation to having written opinions provided to the

Committee by the designated agency ethics officer of the agency for which I 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 I

have been nominated.

D. Legal Matters

1. I 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.

I 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.

I have not been involved as a party in interest in any administrative agency

proceeding or civil litigation, nor has any business of which I am or was an officer.

4. I have never been convicted (or offered pleas of guilty or nolo contendere) of

any criminal violation other than minor traffic offenses.

I am not aware of any other information, favorable or unfavorable, which I think

should be considered in connection with my nomination.

E.

FINANCIAL DATA

(Retained in Committee Files.)

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ANSWERS TO PRE-HEARING QUESTIONS

BY WILLIAM L. JOYCE

NOMINATED TO BE A MEMBER OF THE

ASSASSINATION RECORDS REVIEW BOARD

1. NOMINATION PROCESS AND POTENTIAL CONFLICTS

There have been no conditions, expressed or implied, attached to my

nomination to be a member of the Assassination Records Review Board (ARRB).

2.

I have made no commitments with respect to policies or programs

affected by my role as a member of the ARRB.

3.

I am not aware of any issues involving the ARRB from which I would

have to disqualify myself.

4.

I 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.

11. ROLE AND RESPONSIBILITIES

The particular qualifications and experience that I bring to the role of

being a member of the ARRB are the training and experience I 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.

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-2-

As an ARRB member, l 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

conceming our activities.

4.

I 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.

Ill. POLICY ISSUES

1.

I have not made any public statements- oral or written-- regarding the

assassination of President Kennedy or the public availability of govemment

records regarding this assassination.

2.

As an ARRB member, I will be examining security classified records with

a view to at least partial public disclosure:

a) I 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. I

would hope that, in the inierest 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

11-16-9312:1E5K

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-3-

initiative to classify records beyond that time when they fall into specific

::* categories that, in order to protect the national interest or privacy interests, must

continue to be restricted.

3.

The criteria 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 sontent 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

If confirmed, I agree without reservation to respond to any reasonable

summons to appear and testity before any duly constituted committee of the

Congress.

2. It confirmed, I agree without reservation to reply to any reasonable request for

information from any duly constituted committee of Congress, or its duly

authorized agent.

PRASACRVBD/Pre-hearing questions.wn

11-16-93 12:18PA:

POOG H:1

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A. BIOGRAPHICAL INFORMATION

1. Name:

Anna Kasten Nelson

(former name used: Anna Louise Kasten)

2. Position to which nominated:

John F. Kennedy Assassinations Records Review Board

3. Date of nomination:

October 25, 1993

4. Address:

Residence: 3121 Quebec Pl.N.W., Washington, D.C. 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, Rh. 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

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Page 2

11.

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.

8. 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

13. Business relationships: List all positions heid as an officer,

director, trustee, partner, proprietor, agent, representative,

of consultant of any corporation, compaucational partnership,

business

enterprise,

institution.

None

14. Memberships: List all memberships

and offices

heldin

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, Diplonatic 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 commlttee, 1984-1986

society for distory

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

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Page 3

(b) List all memberships and offices held in and serviçes

rendered

to all political parties or election committees

during the last 10 years.

(c) Itemize all political contributions to any individual,

campaign

organization, political

party, political.

action

conmittee, or similar entity of $50 or nore for the past 5

years.

Records only available for last three years.

1991 - Emily's List .....$200

1992 - Emily'5 List ....$700

1993 - Emily's List...

• $100

16. Honors and awards: List all scholarships, fellowships, honorary

degrees, honorary society memberships, military medals ana any

other special recognitions for outstanding service or achievements.

Society for History in the Federal Government, Franklin

Roosevelt

Prize,

Historical Study of the Federal Government.

1988 (For the Advancement

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

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 Comnittee 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 seen relevant to this

position but can be made avaible to the Committee if so desired.

"Foreign Policy of Woodrow Wilson," Smithsonian

Assoclates, 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

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" Eisenhower and the National Security Process, " Lecture,

Eisenhower Center, University of New Orleans, October, 1990.

" The Evolution of the

American Foreign Policy Process

Roosevelt to Reagan," Lecture, Foreign

Relatións

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," A

Bicentennial Research Conference on the Congress,

"Before the National Security Adviser:

Dia the NSC

Matter?" Soc. for Historians of American Foreign Relations,

June 1988.

"Themes

in

American Diplomacy, " Foreign Service

Institute, May 1988. (notes only)

Congressional Testimony: Have you ever testified before

Committee of the Congress? If so, please provide details, including

date (S) •

a. Senate Judiciary subcomnittoe on the constitution,

November 12, 1981, in support of Freedom of Information

Act, (FOIA) :

Representing the Organization of American

Historians (OAH) •

b. House subconnittee 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),

and Society of Historians of American. Foreign

Relations. (SHAFR) •

Benato

Select

committoe on Intelligence, June

1983, on S. 1324, in opposition to the CIA modification

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

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.

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## Page 76

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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 government

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 reguired a security

clearance), I have an appreciation of the kinds of documents 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

3. Describe any business relationship, dealing or financial

transaction which you have had during the last. 10 years, whether

¡or yourself, on benalf 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

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Page 5

6. Do you agree to have written opinions provided to the Conmittee

• 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 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?

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?

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 or 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.

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E. FINANCIAL DATA

(Retained in Committee Files.)

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## Page 79

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PROFESSIONAL EXPERIENCE

Academic

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

Adj. Assoc. Professor in History

Tulane University, 1988 - 1990

Director, Landmarks Program in American History,

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.S. Diplomatic History.

Instructor,

Assistant/Associate Professorial Lecturer in History,

George Washington University, 1970-1975

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PROFESSIONAL EXPERIENCE

Concurrent Non-Academic Positions

Consultant, Historical Division, Aruy 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 ACIS, SSRC, and CLR.

Creation.of

the Committeee was prompted by a concern for the effect ofe.

technological changes (principally computers) on public

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

offices, 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.

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Consultant, Bicentennial Council of the Thirteen Original States,

September 1977- February 1978.

Prepared history-related

material for a connemorative

conference held in York, Pennsylvania, November 1977.

Assisted in conducting a conference of educators from

museuns, 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.

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 program,

assisted the director in conducting panels and public

hearings and assistedin writing and editing the first and

subsequent drafts of the Commission report.

*.

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PUBLICATIONS

"The Importance of Foreign Policy Process: Eisenhower and the ;

National Security Council," in Eisenhower: A Centenary

Assessment, ISU Press, (forthcoming) :

"The Ubiquitous Mr. Clifford," (Review Essay), Diplonatic

History, Winter 1993.

"The Historian's Dilemna," Understanding Congress: Research

Perspectives, Government Printing Office, 1991.

"President Kennedy's National Security Policy: A

Reassessment, " Reviews in American History, March 1991.

curity polly 1091

"Government-Sponsored Research: A Sanitized Past?"

(Roundtable), The Public Historian, Summer 1988.

"John Foster Dulles and the Bipartisan Congress," Political

Science Quarterlye, Spring, 1987

"The Conmittee on the Records of Government: An Assessment, "

overnment Information Quarterly, Spring, 1987).

"Jane Storms Cazneau: Disciple of Manifest Destiny,"

roloque, (Spring, 1986).

"president Truman and the Evolution of the National Security

ouncil," Journal of American History, September, 1985.

" 'On top of Policy Hill': 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

ecords," Government Publications Review, Vol.

9, 1982.

"Challenge of Documenting the Federal Government in the

itter 20th Century, " Proloque, July, 1982.

"National Security I: Inventing A Process (1947-1960),"

:clo/Salamon, eds. The Illusion of Presidential Government.

istview Press, 1981.

"Destiny

and Diplomacy, 1845-1865," Haynes/Walker, eds.

erican Foreign Relations: A Historiographical Review,

Greenwood

ess, 1981

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## Page 83

"Disorder in the House: The Inaccessible Record, " The Public

Historian, Summer, 1980.

The Recordstol 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

Historical Society Quarterly. July, 1975.

"Secret Agents and Security Leaks: James K. Polk and the

Mexican War," Journalism Quarterly, Spring, 1975.

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.

Professional Newsletters and Newspapers

"The U.S. Must Declassify Its Cold-War Documents," (with

Richard H. Kohn), The Chronicle of Higher Education, (Point of

View), September 16, 1992.

"Congress Must Harness NSC," New Orleans Times-Picayune, July

14, 1989.

"Irrational Policies on Access to Government Records Are

Indercutting Our Ability to Understand History, " The Chronicle of

ligher 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

oreign Relations, June-December, 1977:

ook 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 History.

une, 1991); American Historical Review, (April, 1992): Public

storian (Summer, 1992); Journal of American History. (December,

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Anna K. Nelson

PRE-HEARING QUESTIONS

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?

3. Are there any issues involving the ARRB from which you may

have to disqualify yourself?

4.

Have you been

a party to any legal actions

administrative proceedings pertaining to access to, or disclosure

of,

federal records on

the subject of the assassination

President Kennedy?

NO

II. Role and Responsibilities

1. 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

Congress after the Nixon

tape controversy.

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 them.

b. Project Director, Committee on Records of Government.

This

foundation

funded project

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

an very

familiar with "withdrawal" notices of classified material as well

as the kind of material that has been released.

a .

I

have been

elected and/or appointed to several

comittees sponsored by various historical organizations that have

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## Page 85

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page 2

been concerned with the declassification of historically valuable

documents. As a result, I am very familiar with FOlA 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.

law. and either open of present to the Board Al documents

pertaining to the assassination. The obligation of each member is

to carefully study the documents that have not yet' been disclosed

SEES

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?

a and 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

administrative duties.

• 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

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page 3

the axecutive Director. Thus,

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 assassination?

2. Members of the ARRB will be examining security classified

their declassification

and public

disclosure, in whole or in part, at some time in the future.

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

systen? 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

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

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

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• 99952

page 4

the kinds of records sought, but that these should be as broad' as

possible.

IV. Relations With Congress

of the Congress, if confirmed?

2. Do you agree without reservation to reply to any reasonable

request for information from any duly consituted committed of the

Congress, or its duly authorized agent, if confirmed?

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BIOGRAPHICAL AND FINANCIAL INFORMATION REQUESTED OF NOMINEES

A. BIOGRAPHICAL INFORMATION

1. Name: (Include any former names used.)

John Raymond Tunhein (JaU/2)

2. Position to which nominated:

Assassination Records Review Panel

3. Date of nomination:

September, 1993

4. Address: (List current place of residence and office addresses.)

Residence:

704 South Third Street, Stillwater, MN 55082

Office:

102 State Capitol, St. Paul, MN 55155

5. Date and place of birth:

9/30/53 Thief River Falls, MN

6. Marital status: (Include maiden name of wife or husband's name.)

Married to Kathryn Hill Tunheim (maiden name: Kathryn J. Hill)

7. Names and ages of children:

Elizabeth Start Tunheim, age 9; Samuel John Tunheim, age 5.

8. 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 Liw School, Minneapolis, MN 1977-1980, J.D. cum laude, June 1980.

John R. Tunheim

November 1, 1993

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Employmeit 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

7/75 to 10/77

2.

Freeman for Congress, Press and Issues Director, St. Louis Park, MN

6/78. t0 11/78

Oppenheimer, Wolff, Foster, Shepard & Donnelly (law firm), Summer Associate, St.,Paul,

6/79 to 9/79

4. Unied States District Court, Senior U.S. District Judge Bat R: Larson, Judicial Law

Clerk, Minneapolis, MN

8/80 10 8/81

Oppenheimer, Wolff, Foster, Shepard & Donnelly (law firm), Associate Attorney,

St. Paul, MN

10/81 to 11/84

6.

State of Minnesota, Office of Attorney General, Assistant Attomey 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

Sta Paul, Minnesota, Office of the Aloney General, Chief Deputy Autorney General,

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

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11. Government experience: List any advisory, consultative, honorary or other part-time

service 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)

• 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)

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)

Governor's Blue Ribbon Commission on the Crisis in Liability Insurance; 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)

12. 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.

13. 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).

14. 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) (elecied)

• Treasurer and Council Member, Government & Public Sector Lawyers Division (1991-

1993) (elected)

John R. Tunheim

November 4, 1993

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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, Govemment 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

(1993 - present)

Member, Board of Directors, Midsummer: A Minnesota Festival of Music (1988 - present)

(nonprofit)

Member and Secretary, Board of Directors, Minnesota Pregnancy & Infant Loss Center (1983-

85) (nonproft)

Member, Stillwater Rotary Club (1984 - present)

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.

Minnesota Democratic-Farmer-Labor Party

• Delegate, Democratic National Convention 1988, 1992

Associate Chair, Sixth Congressional District (1991 - present)

• Member, Executive Committee (199) - present)

• Member, Central Committee (1984 - present)

• Chair, Senate District 55 (1986-1990)

(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 10 parties and election committees have all been volunteer, sporadic

activities such as altending 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

Anorej's General of the Clinton-Gore ticker in Detroit, Michigan, in October, 1992.

John R. Tunheim

November 4, 1993

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(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.

These include all contributions which in aggregate total $50.00 or over to any entity over

the period 1990-1993. I was unable to locate any records for 1989. I 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)

Johnston for State Senate, Maple Plain, MN $50.00 (1992)

Friends of Draper for State Representative, Stillwater, MN $80.00 (1992); $60.00 (1990)

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

Attorney) $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)

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

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16.

Honors and awards: List all scholarships, fellowships, honorary degrees, honorary society

memberships, military medals and any other special recognitions for outstanding service.

or achievements.

National Association of Attorneys General, Marvin Award (1991)

(Awarded annually to up to 5 outstanding assistant attorneys general in U.S.)

National Association of Attorneys General, President's Distinguished Service Award (1988)

Mondale Fellow, University of Minnesota, Hubert H. Humphrey Institute of Public Affairs,

Minneapolis (1992-1993)

Rollof Award, University of Minnesota Law School (1980)

A warded to President/Editor-in-Chief of the Minnesota Law Review

iti

Minnesota Journal of Law & Politics, Selected as "Rising Star Lawyer," (1993)

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.

Book:

Article:

Chapter:

Article:

Op. Ed.:

A Scandinavian Saga (Lakes Publishing, 1984)

Parental Involvement in Minor's Abortions: The Aftermath of Hodgson v.

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)

State Legislative Actvities, State Attorney's General, Powers and Responsibilities,

Lynn Ross, Editor (BNA: Washington, D.C. 1990). I also served as an editor on

this book.

Minnesota's Bill of Rights (William Mitchell Law Review)

(In progress, no copy available, scheduled for publication in 1994)

Americans Should Lend Russia a Hand on, Democratic Journey, St. Paul Pioneer

Press (January 8, 1992)

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.

None.

John R. Tunheim

November 4, 1993

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19. Congressional Testimony: Have you ever testified before a Committee of the Congress? If

so, please provide details, including date(s).

No.

20. 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 affirmatively

qualifies you for this particular appointment?

I 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 I am

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

1. 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 l have no conflict of interest in my

current position. I will take leave time from the State for any days l am working on panel

business.

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.

Yes. I will continue my employment with the State of Minnesota and i planned position as

Adjunct Professor of Constitutional Law at the University of Minnesota Law School.

John R. Tunheim

Ananatana anno

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./...

3.

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.

4. 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.

5. If confirmed, do you expect to serve out your full term or until the next Presidential

election, whichever is applicable?

I expect to serve the full term of the Panel which sunsets under current law.

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.

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.

John R. Tunheim

Novembard in0s

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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, environmental issues, farm

credit issues, consumer issues, government records issues, labor issues and others. My wotk 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 I 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

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

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2. Have you der 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 (raffic 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 administrative 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.

I. FINANCIAL DATA

(Retained in Committee Files.)

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AFFIDAVIT

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 tils/her

knowiedge, current, accurate, and complete.

Foluin. Tuatein

Subscribed and swom before me

this.

day of November, 1993.

Lier III Taruite

Notary Public

IRTPEASAAS

DEE.... MI. LA!VEETTE

NOTARY : "ilE-HANNESOTA

RieSI! COUNTY

John R. Tunhcim

Noverher 4 1003

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cancers Die 2523

Committee on Goverimental Aftairs

United States Senate

JOHN R. TUNHEIM'S

ANSWERS TO PRE-HEARING QUESTIONS

TO BE A MEMBER OF THE

ASSASSINATION RECORDS REVIEW BOARD

126/98

I. NOMINATION PROCESS AND POTENTIAL CONFLICTS

• 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, what are they?

No.

3. Are there any issues involving the ARRB from which you may have to disqualify

Jourself? It so, please explain.

4.

No. I am unaware of any such issue.

Jae ou be or der to o, eat actor die cater rose lines pera ring

President Kennedy?

No.

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IL. ROLE AND RESPONSIBILITIES

1. What particular qualifications and experience do you bring to the role of being a

member of the ARRB?

Primarily, I bring my background and experienco as a lawyer and public offcial, I

have twice been alectod a soction officer in the American Bar Association and was

recommended for this nomination by the President of the American Bar

Association. My experience as a lawyer includes thres 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 Court and serving as legal counsel to two

Minnesota Governors and to the Minnesota Legislature. I have played as acüve

role within the National Association of Attorneys General, twice receiving major

national awards from NAAG, twice chairing the Conference of Chief Deputics, and

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 Attorney 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 heatings, and making difficult

public decisions that significantly impact citizens. I understand the separation of

powers issues that could be raised in the context of tus act. curthermore, I have

had no priot involvement in any aspect of the Kennedy assassination or the

assassination records. I would bring independent, objective judgment to the

position.

I also have a strong interest in historical preservation. My primary undergraduate

major was History, an area in which I graduated summa cum laude with honors. I

authored a 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 Socicty 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.

Jobn R. Tanheim

?-97%

01-26-96

01: 14PM

January 20,19 42.

•nin

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3.

What do jou donsider to be your primary responsibilities and priorities as an ARRB

member?

I see our primary responsibilities as:

(1) Overseeing and directing the prompt colloction trom govemment oracos of al

Kennedy assassination records that have not yet been transmitted to tho

National Archives, and directing a prompt public disclosure of all appropriate

records.

(2) Gathering input and information from the public to ensure that concems are

addressed and that all appropriate records are requested and received.

(3) Applying in a fair manner the standards set forth in the Act regarding

postponement of the release of records, ceeping in mind the strong

Congressional intent expressed in the Act favoring public disclosure.

(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.

(S). As the lawyer on the panel, l believe that I have additional responsibilities to

help ensure that appropnate 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.

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?

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

worlang relationship with the President in order to ensure that the process

established by Congress wors well.

My responsibilities to the Congress are to implement the law promptly and in

the manner intended by Congress, to provide on a regular basis a detailea

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 oi any records.

₴794

John R. Tunheim

Tanian, 1e 1001

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4.

How do You view the job of ARRB Executive Director? What role do you anticipate

playing in the selection of ARRE Erecutive 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 arole in the selection of the Executive Director. The position is.

critical to the effectiveness of the ARRB and I would like to use my considerable

recruiting and hiring experience to help choose the best available staff.

M. POLICY ISSUES

I..

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 jou describe what prior experience you have had, if any, with using or

examining security classified records of the Federal Government?

I have no prior experience with using or examining security classified records

of the federal govemment. I have, however, considerable experience handling

documents protected by state confidentiality laws.

b) What do you think of our current security ciassification 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.

...

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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

signiãcant decisions of the ARRB. It is important to understand better the universe

of potential records before the difficult docision on how to define "assassination

records." Preliminarily, and without such an understanding yet, I would favor a

broad definition bocause (1) & broad definition will help assure the American public

the al i dunged: preta reviewed and disclosed, and and I believe inar 15

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 &

mechanism by which a case-by-caso determination can be made regarding the

linkage between the assassination and a particular document.

IV. RELATIONS WITH CONGRESS

1.

Do you agree without reservation to respond to any reasonable summons to appear

and testify before any duly constituted committet of the Congress, if confirmed?

Yes.

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, il

confirmed?

Yes.

PAPERENO

97%

John R. Tunheim

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APR 04 '97

09:59AM

P.1/44

Office of General Counsel

Keeant Hall

Anticle

EROM: Glancelle

Voice:

Fax:

(703) 874-

(703) 874-3208

• DATE:

4/4/97

ADDRESSEE:

ORGANIZATION:

Barbian

VOICE NUMBER:

FAX NUMBER:

613-3663

NUMBER OF PAGES WITH COVER:

COMMENTS: If

NOTICE TO RECIPIENT

This information is property of the Uniled States intended solely for the use of the erlity or person ranted above and also

may be adornedient privileged or allerwise exempt from disclosure under applicable late. If you are nor the intended

recipient of this facsimile, or the employee or agent responsible for delhering the message to the intended recipient, you are

hereby norified that receipe of this message is nor a waiver or release of any applicable privilege or exemption from disclosure.

and thai review, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this

material in error, please notify this office al the above telephone number (collect) for instructions regarding its relumn or

destruction. Thank you.

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## Page 105

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.. APR D4 '97 99: 59AM

IST ITEM of Level 1 printed in FulL format.

Copyright (C) 1997 Maryland Law Review, Inc.

University of Maryland School of Law

1997

56 Md. L. Rev. 1

P.2/44

PAGE

2

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 Ohio 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

Pebruary 28, 1996. My thanks to Barbara Terzian, Jelf Marguis, 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.u. Mencken, A Book of Prefaces 23-24 (1917) .

TEXT:

[*1]

Introduction

The specter of conspiracy has haunted Americans throughout the second half of

the twentieth century. nl In the 1950s, Senator Joseph

(*2)

McCarthy' 8

Communist conspiracy theory - the "second Red Scare" - traumatized the nation

and destroyed lives. n2 More recently, David Irving'e explanation of the

Holocaust as an enormous historical fabrication n3 has defied logic and

distorted reality. ne 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. n5

• - -Footnotes- -

n]. Thia phenomenon is not unique to the modern era. There are many

comprehensive historical accounts of the specter of conspiracy in America. See.

e.g., Virginia Carmichael, Framing History: The Rosenberg Story and the Cold War

(1993) (analyzing and tracing the "politically motivated production of the

official Rosenberg story and the historical and cultural critiques performed by

its re-presentation in literature, drama and the visual area"); David Brion

Davis, The Slave Power Conspiracy and the Paranoid Style (1969) (discussing the

cheory that slaveowners conspired against the rest of the country); The Pear of

Conspiracy: Images of Un-American Subversion from the Revolution to the

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Present soiii (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

in American Politics and Other Essays (1965) (examining the popularity of

conspiracy theories); George Johnson, Architecta. 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) larguing that the proliferation of

conspiracy theories causes "gross distortion" in our understanding of the Bonus

Riot and Hoover's presidency); Michael Sayers & Albert B. 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 of Joseph McCarthy and the effects of the "second

Red Scare" on the American psyche).

n3. See David Irving, Goebbels (1996); see also Arthur R. Butz. The Hoax of

the Twentieth Century:

The Case Againat 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

Truch and Memory (1993) (examining and discrediting the arguments of Holocaust

deniers).

n5. See Edward Colimore, The Search for Lincoln's Assassin, Phila. Inquirer.

Apr. 28, 1992, at C1, 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 Wh

8195597; Hmm, How Do We Really Know who'g Buried in Grant's Iomb?,

Wash. Times, Nov. 14, 1992, at C2. available in LEXIS, Nexis Library, Newspaper

File; Our American Corpses, Wash.

Tiwes.. Mar- 18, 1992, at F2, available in

LEXIS, Nexis Library, Newspaper File; Who'B Buried in Jobn Wilkes Booth'& Tomb?,

U.P.I., Sept. 26,: 1991, available in LEXIS, Nexis Library, UPI File.

- -End Footnotes-

These are compelling examples of the American appetite for intrigue, but no

other event in twentieth-century American history has generated such persistent

notions of conspiracy as the assassination of President John f. Kennedy. More

than foux hundred books have been published on the subject; no a major

newsletter provides a continu-

ing flow of new theories about the

assassination, 17 and à national organization, the Coalition on Political

Assassinations, meets annually to debate the murder. ni Oliver Stone elevated

the idea of conspiracy to epic proportions in the film JFK. nº That movie

claims, among other things, that bee Harvey Oswald did not act alone; rather, he

was part of a plot hatched by the Central Intelligence Agency (CIA) in

collaboration wich organized crime, the Federal Bureau of Investigation (FBI),

and other elements of the American government. nil Stone's follow-up to JEK,

Nixon, nil echoes this theme, intimating a connection between the Cuban burglars

of the watergate complex and the assassination of President Kennedy, n12

-Footnotes-

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n6. 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, Trilogyl (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 Treason: The Assassination of

President John F. Kennedy: What Really Happened (1989) (claiming that the CIA,

oxganized 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) larguing that the Warren Commission admitted hearsay and ignored

important evidence); David S. Lifton, Best Evidence: Disguige and Deception 11

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)

larguing that

the CIA was interested in Oswald since 1959, and that, "whether witting of not,

Oswald became involved in CIA operations"); Gerald L. Posner, Case Closed: Lee

Harvey Oswald and the Assassination of JFK (1993)

(concluding that Oswald acted

alone); Frank Ragano & Selayn Raab, Mob Lawyer (1994)

lidentifying 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 JEK conspiracy

and the "framing" of James Earl Ray in DI. King's murder).

n7. See Open Secrets (Coalition on Political Assassinations, Washington,

D.C.), Aug. 1994.

n8. See

John Hanchette, JFK Conspiracy Theorists Announce October Convention,

Gannett News Service." Sept. 26, 1994, available in 1994 WL 11247865j Washington

Daybook; Today's Headliners, Wash. Times, Oct. 20, 1995, at A11.

n9. JFK (Warner BIOS. 1991).

n10. See David Ansen, A Iroublemaker for Our Times, Newsweek, Dec. 23, 1991,

at 50; Robert Brustein, JFK, New Republic, Jan. 27, 1992, at 26, available in

IBXIS, Nexis Library, Magazine File, Richard Corlies, Who Killed JFK?, Time,

Dec. 23, 1991, at 66, available in 1991 WI 3116696; StUart Klawans, JFK, Nation,

Jan. 20, 1992, at 62, available in LEXIS, Nexis Library, Magazine File; John

Simon, JFK, Nat'1 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

Loth, 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 A19, available in 1991 WL 7514694; Kenneth Turan, "JFK'; Conspiracy in the

Crosa Hairs, L.A. Times, Dec. 20, 1991, at F2, available 1n 1001 Wu 2190825;

Crossfire (CNN television broadcast, Dec. 23, 1992), available in LEXIS, Nexis

Library, Transcript File.

n11. Nixon (Walt Disney 1995).

n12. See Stanley Kauffmann, Cast of Character, New Republic, Jan. 22, 1996.

at 26; Christopher Sharrett, Nixon, USA Today, May 1996, Magazine at 49; Jay

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caxI..

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 1E, 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 F1, available

in

LEXIS, News Library, Lat File; Crossfire (CNN television broadcast, Dec. 27,

1995), available in LEXIS, Nexis Library, Transcript File.

- - End FoOtnotes-

(*4]

• 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, nit Gaining access to

secret documents is vital, but one must congider the cost of broken confidences

co our security. A sense of conflict between chese views inspired this Article.

- - -Pootnotes-

the views of the other members of the Board.

The other members of the Board are the Honorable John R. Tunheim, United

Stätes District Judge, District of Minnesota; Henry Graff. Professor. Emeritus.

Columbia University; Willlam Joyce, Rare Books Llbrarian, Firestone Library,

Princeton University, and Anna K. Nelson, Adjunct Professor of History, American

University.

The Assassination Records Review Board will hereinafter be referred to as the

"JEK Board" or the "Board. "

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 representacions made to the Assassination Records Review Board, the

context of which remains classified:

n14. See generally Benjamin S. DuVal, Jr., The Occasions of Secrecy, 47 U.

Pitt. 1. Rev. 579, 583 (1986) larguing that secrecy issues "present a

fundamentally different problem in terms of first amendment theory than those

that have been central to che development of firet amendment jurisprudence" and

chat "society is distinctly ambivalent about the benefits of increased

knowledge").

-End Footnotes-

I. The Warren Commission

The Warren Commission and its report stand at the center of almost all Kennedy

conspiracy theories. n15 A year after the assassination, the Report was issued

by seven sober-minded Americans, headed by Chief Justice Earl Warren. n16

Initially, the Report, which concluded that Oswald was the lone assassin, n17

received strong support. Polling data indicates that prior to the Report's

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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, two.

years later, in 1966, only thirty-six percent of Americans indicated they

(*5)

believed the Report. nld By the time JEK opened in the movie houses of

America, nig public confidence in the Commission's Report had sunk even further,

with about seventy percent of Americans concluding that Oswald did not act

alone. n20 The movie, therefore, capped a deep wellspring of distrust of the

Report rather than, as is sometimes implied, n2l fostered it.

--

- FOOTnOTES- -

.n15. See President's Commission on the Assassination of President Kennedy,

Report of the President's Commigsion on the Assassination of President John F.

Kennedy (1964) [hereinafter Warren Commission Report) •

senato chamber o the are on on men cole, were a va ret

Boggs, Representative Gerald R. Ford, Allen W. Dulles, and John J. McCloy. See

id. at v.

n17. "On the basis of the evidence before the Commiesion it concludes that

Oswald acted alone." Id. at 22:

n18. 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, 1993.

available in LBXIS, News Library, Wires File; see also Max Holland, The Key to

the Warren Report, Am. Hericage, Nov. 1995, at 50, 52 ("Prior to (the Report's]

release, a Gallup poll found that only 29 percent of Americans thought Oswald

had acted alone, afterward 87 percent believed so.").

n19. See JFK, supIa 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 especially likely to be among the 82 percent who

believe the truth has not been told. In keeping with many recent polls that show

Americans are distrustful toward governnent, 78 percent think there was an

official coverup."). Indeed, there is now a much more conspiracy-minded attitude

toward the assassination than chere was even 15 yeara ago. See id.

theme a shaken in unte soup a see men, worse,

- -End Footnotes-

Eventa between 1964 and 1992 did much to undermine trust in the Warren

Coumission Report. An assassination research community quickly appeared, raising

croubling questions about the report and propagating theories of conspixacy. n22

Books entitled Whitewash,. 123 Contract on America, 124 Conspiracy, n25 and Rush

to Judgment n26 eroded the credibility of the Commission's findings. 127

President Kennedy's murder, moreover, was only one of several prominent

political killings. Assassins also gunned down Robert F. Kennedy, Martin

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Luther King. JI., 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. 129 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: 132 and President Richard Nixon's "secret plan" to end

the war. 133 The plan took five years, cost many thousands of additional

American and Vietnamese

[*71

lives, and left our former allies in the south

to the tender mercies of their northern opponents. 134

- -Footnotes-

.n22. See Posner, supra note 6, at 412-19 (describing the "network of amateur

sleuths" who checked the accuracy of the Warren Coumission Report and challenged

its conclusions).

n23. Harold Weisbery, Whitewash (1965) (stating that the Warrez Commiselony

did not 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) •

n25. Anthony Summers, Conspiracy 523 (1980) (calling for a new

investigation).

n26. 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"); Sumers, supra note 25; Lane, supra note

6, at 378 ("Ihe Report of the President's Commission on the Assassination of

President Kennedy is less a report chan a brief for the prosecution.").

n28. See D'Army Bailey, Mine Eyes Have Seen: Dr. Martin Luther King, JI. 'B

Final Journey (1993) (providing a pictorial account of King's final journey to

Memphis); George Breitman et al., The Assassination of Malcolm & (1976) (arguing

that the CIA and FBI participated in the assassination of Malcolm X) ; Karl

Evanzz, The Judas Factor: The Plot to Kill Malcolm & (1992) (concluding that

government agencies were involved in the assassination); Gerold Frank, An

American Death: The True Story of the Aggassination of Dr. Martin Luther King,

JI. (1972) (concluding that James Earl Ray alone killed King): Michael FIledly,

Malcolm X: The Assassination (1992) (concluding that Muslims killed Malcolm X) ;

Robert Blair Raiser, "R.F.K. Must Diel" (1970)

(exploring various conspiracy

theories); Three Assassinations: The Deachs of John & Roberr Kennedy and Martin

Luther King (Janet M. Knight ed., 1971) (providing "a factual account of the

assassinations" based on "Facts on file, the press, and U.S. government

Bad on rate on 7to, Cho

studies*), Stephan Lesher, George Nallace (1994) (describing Arthur Bremer'8

attempt on Wallace's life); Philip H. Melanson, The Robert F. Kennedy

Assassination 13 (1991) (concluding that Sirhan Sirhan was "hypnotically

progranned to attack (Robert F.] Kennedy"); Philip Melanson, Who Killed Martin

Luther King? (1993)

(calling for an investigacion of possible CIA and FBI

involvement); Dan E. Moldea, The Killing of Robert F. Kennedy 323 (1995)

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(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, Jr.).

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 San Adams.

War of Numbers (1994); Edward S. Herman & Richard B. DuBoff, America's Vietnam

Policy: The Strategy of Deception 79 (1966); John M. Newman, JPK 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. Johneon, America's Secret?

Power 60-62 (1989); Gabriel Kolko, Anatomy of a War 195-96. (1985); Newman,

supra, at 288-89, 298-99.

130. 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.

n31. See Noam Chonsky, At War wich Asia 117-258 (1970), Credibility Cap: A

Digest of the Pentagon Papers. 54-64 (Len Ackland compiler, 1972); Frances

FitzGerald, Fire 1n the Lake 123, 264 (1972); Bruce Palmer, JI.. 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: 1996) 1 RobeIt S: McNamara & Brian VanDeMark,

In Retrospect: The Iragedy and Lessons of Vietnam 132-34 (1995).

133. See Herring, supra note 32, at 244-47; Stanley Karnow, Vietnam: A

History 582-83 (1983).

734. See Herring, supra note 32, at 282-83; Stanley I. Kutler, The Wars of

Watergate 9-10, 80 (1990) .

- -End 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 n36 in

private life. n37 In one of the great ironies of modern American politics, the

instrument of Nixon's downfall was a secret recording system 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

-Footnotes -

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n35. Question-and-Answer Session at the Annual Convention of the Associated

Presg Managing Editor's Association, Orlando, Fla.. 1973 Pub. Papers 946, 956

(Nov. 17, 1973).

n36. Vice President Spiro I. Agnew resigned on October 10, 1973, after

entering a plea of nolo contendre to a federal charge uf tax evasion. See

Kutler, supra note 34, at 397-98.

037. See id. at 532, 540, 549-45, 547-50, 620.

n38. See id. at 452.

•n39. See id. at 287, 314-15, 324-25, 368-69, 447-49.

- •End Footnotes-

because the Warren Commission labored at che height of the Cold War: n40 the

commissioners adopted a strategy that depended on implicit public trust. The

Cold War environment combined with other circumstances to handicap the Warren

Commission and evencually to erode that public trust in five significant ways.

----=- - -Footnotes-

n40. See Holland, gupra note 18, at 52.

- -End Footnotes-

First, the Commission had accese to an enormous amount of information not

otherwise accessible to the American press and public. n41 This information was

secret, top secret, and beyond, much of it compartmentalized cryptologic and

signal intelligence material dealing wich the Soviet Union,. Cuba, and other

foreign governments, such as Communist China. n42 Because of the enormous Cold

war paranoia, as well as the requirement to maintain tight secrecy around the

sources and methods used to collect this information, the Commission could not

argue its case fully to the American people. When the research community

asserted that the government itself had been im-

assassination, n43 the evidence that the Commission had used to discount such a

possibility was available only to the government charged with having abetted the

crime. The cost of secrecy was uncertainty, an uncertainty that turned to

cynicism, much of it based on cheories about the assassination that gained

legitimacy simply because they could not be tested against the appropriate

evidence.

-Footnotes-

n41.. See Hurt, supra note 6, at 432-33.

n42. See Holland, supra note 18, at 64.

n43. See, e.g.. Harold

Weisberg, Whitewash II: The FBI-Secret Service Coverup

125 (1996)

(concluding that "the FBI and the Secret Service are not innocent" in

the warren Commission investigation).

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-End Footnotes-

Second, although the Commission had access to some high-quality incelligence

information, it did not receive everything. The CIA, FBI, and Attorney General

Robert F. Kennedy failed to reveal information that would have helped identify a

motive for a conspiracy. 144 The failure to disclose all information to the

Commission was particularly damaging because of the distinguished character of

its seven members. 145 Its chairman was Chief Justice Earl Warren, a person

noted for probity and fairness, 146 The Commission was really divided into two

subgroups. Four of the members - Warren, Hale Boggs, Gerald Ford, and John

Sherman Cooper - had relatively little experience with intelligence matters;

however, the other three - Richard Russell, Allen Dulles, and John J. McCloy -

were fully conversant with national security issues and the sources and methods

used by the intelligence services. 147

...

• -Footnotes-

044. See Warren Hinckle & William W. Turner, Deadly Secrets: The CIA-Mafia

War Against Castro and the Assassination of JFK 16-17, 264-71, 403 (1992)

(hereinafter Hinckle & TuIner, Deadly Secrets); Warren Hinckle & William W.

Turner, The Fish Is Red: The Story of the Secret War Against Castro 228-31, 336

(1981)

[hereinafter Hinckle & Turner, The Pish Is Redl; Newman, supra note 6,

Prados, supra note 29, at 211-17; Holland, supra note 18, at 62.

n45. See supra note 16.

146. President Kennedy wroce that Warren had "borne (his] duties and

responsibilities with unusual integrity, fairness, good humor and courage." Jim

Marrs, Crossfire: The Plot That Killed Kennedy 463 (1989) (quoting letter from

President John F. Kennedy to Chief Justice Farl Warren) •

n47. See Holland, supra note 18, at 52.

-End Footnotes-

The Commission's success depended, in part. on the ability of the three

intelligence-savvy members to raise the right questions. They seem not to have

done so. For example, the Commission never discovered the existence of Operation

MONGOOSE, n48 a covert acheme concocted by President Kennedy and his brocher..

Attorney General

(*91

the help of organized crime. 149 When these plans reached the public several

years later, critics of the Warren Commission had a field day. n50 The

Commission'g conclusion that a foreign government lacked a sufficient motive to

murder the President now crumbled. n51 Indeed, the Commission looked silly ana,

even worse, to be a part of the plot because its cricios could plausibly assert

that its distinguished members should have guessed at such a possibility.

-.

- -Footnotes-

n48. See Senate Select Committee to Study Governmental Operations with

Respect to Intelligence Activities, Alleged Assassination Plots Involving

Foreign Leaders, S. Rep. No. 94-465, at 139-46 (1975) (hereinafter Church

Committeel. Operation MONGOOSE was initiated by the United States government in

1962 as a covert action program to overthrow Castro, the Cuban leader. See id.

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149. See Church. Committee, supra note 48, at 139-46; Hinckle & Turner, The

Fish Is Red, supra note 14, at 20, 111-26; Holland, supra note 18, at 62.

n50. Even President Johnson expressed his belief that Castro could have

planned Kennedy's assassination in retaliation. See Hurt, supra note 6, at 31

(citing interview with Lyndon B. Johnson; The CBS Evening News with walter

Cronkite (CBS television broadcast. Api. 25, 1975)).

n51. See id.

....

- -End Footnotes-

• Third, in appointing the Commission, President Lyndon Johnson had one goal:

to check rumors that the assassination was a Communist plot. n52 Johnson

appropriately feared that Kennedy's murder could precipitate World War III. n53

Oswald's time in the Soviet Union and his trip to visit the Soviet Embassy. in

Mexico City just weeks before the murder pointed to Comnunist intrigue. n54 Sych

concerns were amplified because Oswald had identified himself with the Fair Play

for Cuba Committee, an organization openly supportive of Castro and 'sharply

critical of Kennedy's Cuba policy. n55 Thus, the Commission was under enormous

pressure to produce an answer that discounted foreign influence. n56

-Footnotes-

n52. See Holland, supra note 18, at 52.

n53. See id. at 56-57.

n59. See id. at 57.

n55. See id. at 56; see also Warren Commission Report, supra note 15, at

290-92 (finding that Oswald purportedly distributed pamphlets on behals of the

Fair Play for Cuba Committee, but also finding that Oswald exaggerated che

extent of hig involvement).

n56. See Holland, supra note 18, at 57.

• -End Footnotes-

Fourth, as the science of forensic analysis has progressed over the past

three decades, questions have inevicably arisen about the Warren Commission's

conclusions Involving the President's body, 05y the alleged murder weapon, n58

the number and sequencing of the shots

the condition of the so-called "magic bullet," which passed through the

President and Governor John Connally wich a minimum amount of damage: noo We now

know that the autopsy performed on the President was problematic, boch in

technique and organization. nol Yet, the Commission relied on it. On other.

matters, new forma of analysis have been generally supportive of the

Commiasion's findings; although it now appears that the sequencing of the shore

fired in Dealey Plaza was somewhat different from that described by the

Commission. n62 Ironically, even when the latesc techniques cor-

[*11]

roborate the Commission's findings, the result has not been greater confidence

in those findings, but rather, a belief that the Commission got it wrong instead

of almost getting it right. n63

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- Footnoteg-

157. See Warren Commission Report, supra note 15, at 19 ("President Kennedy

was first struck by a bullet which entered at the back of his neck and exited

through the lower front portion of his neck, causing a wound which would not

necessarily have been lethal. The President was struck a second time by a bullet

which entered the right-rear portion of his head, causing a massive and fatal

wound.").

n58. See id. at 81 (stating that the rifle found on the sixth floor of the

Texag School Book Depository "was identified by the PBI as a 6.5-millimeter

model 91/38 Mannlicher-Carcano rifle").

n59. See id. at 111 (finding that "(a) one shot passed through the

President's neck and then most probably passed through the Governor's body, (b)

a subseguent shor penetrated the President's head, (c) no other shot struck any

part of the automobile, and (d) three shots were fired.... The evidence is

inconclusive as to whether it was the first, second, or third shot, which

missed.").

n60. See id. at 79 ("A nearly whole bullet was found on Governor Connally's

stretcher at Parkland Hospital after the assassination.").

161. See Groden & Livingstone, supra note 6, at 3.

nб2. See Charles J. Sanders & Mark S. Zaid, The Declassification of Dealey

Plaza: After Thirty Years, a New Disclosure Law at Last May Help to Clarify the

Facts of the Kennedy Assassination, 34 S. Tex. L. Rev. 407 (1993).

The so-called "magic bullet" or "single bullet" theory has been the subject

of intense debate. See, e.g., Edward Jay Epstein, Inquest: The Warren Commission

and the Establishment of Truth 115-26. (1966) (criticizing the single bullet

cheory as based on a "misinterpretation" of ballistics testimony, the "extremely

renuous findings of the wound ballistics test," and the omission of conflicting

testimony); Marshall Houts, Where Death Delights: The Story of Dr. Milton

Helpern and Forensic Medicine 62-63 (1967) (concluding that a single bullet

could not have penetrated seven layers of "tough human skin" in addition to soft

[issue and bones); Hurt, supra note 6, at 61-86 (arguing that results of the

spectrographic examination and neutron activity analysis did not support the

single bullet theory): Michael Kurtz, Crime of the Century 175-76, 180-81 (1982)

(criticizing the single bullet theory in light of the condition of the bullet

and the deficiencies in the neutron activity analysis tests); Lane, supra note

6, at 69-80 (concluding that the angles of impact and the condition of the

bullet found at Parkland Hospital invalidated the single bullet theory): Raymond

Marcus, Ihe Bastard Bullet: A Search for Legitimacy for Commission Exhibit 399,

1-77 (1966) (concluding that bullet 399 "was never fired at any human target"

and that the bullet wae "planted" on the hospital stretcher); Marrs, supra note

46, at 368-71 (concluding that findings from Kennedy's aucopay conflicted with

che single bullet theory); Sylvia Meagher. Accessories After Che Fact: The

Warren Commission, the Authorities, and the Report 27-35, 137, 167-70, 461

(1967) concluding that the single bullet theory is weak because, of the three

doctors whose testimony supports the theory, one retracted his original opinion,

the second qualified his testimony, and the third was never shown the Zapruder

film or the stretcher bullet); Bonar Menninger, Mortal Error: The Shor That

Killed JFK 29-43: (1992) larguing that the single bullet theory is inconsistent

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• 47.

with eyewitness accounts and photographic evidence); F. Peter Model & Robert J.

Groden, JFK: The Case for Conspiracy 61-77 (1977) (concluding that the angle of

impact and the pristine condition of the bullet made the single bullet theory

impossible): Posner, supra note 6, at 317, 326-35..474, 477-79 (relying on "the

latest computer and film-enhancement technology" to conclude that a single

bullet could cause both Kennedy's and Connally's wounds, and that a single

bullet could have been fired from the sixth floor of the Texas School Book

Depository); Howard Ruffman, Pregumed Guilty 53, 131-48, 226 (1975) (concluding

that bullet 399 did not cause Kennedy's injuries); Summers, supra note 25, at

67-71 concluding that the pristine condition of the bullet invalidated the

single bullet theory); Josiah Thompson, Six Seconds in Dallas: A Micro-Study of

che Kennedy Assassination 9, 30, 38, 56, 59-71, 75, 77, 196, 201-09, 213-11

(1967) concluding that the single bullet theory is wrong because none of the

shote missed and because the bullet did not go all the way through kennedy's

neck); Luis Alvarez. A Physicist Examines the Kennedy Assassination Film, 44 Am.

J. Physics 813-19 (1976) (using motions of Zapruder's camera to determine the

number of shots fired); John Nichols, The Wounding of Governor John Connally-of

Texas: November 22, 1963, Mã. St. Med. J., 58, 76-77 (Oct. 1977) (concluding.

that there was no bullet fragment embedded in

Connally's chigh and that,

therefore, the single bullet theory is wrong); Nova: Who Shot President Kennedy?

(PBS television broadcast, June 19, 1988); The Warren Report (CBS News

television broadcast, Part I, June

25. 1967) •

Recent analysis has discounted the acoustical evidence brought forward in the

investigation of the House Select Committee on Assassinations. See infra note

63; Prontline: Who Was Lee Harvey Oswald? (PBS television broadcast, Nov. 16,

1993); Who Killed JFK: The Final Chapter (CBS television broadcast, Nov. 19.

1993).

n63. See House Select Committee on Assassinations, Report of the Select

acoustical evidence

eat pod chat a bout an EL red at a an erne of ta.

Committee on Assassinations, H.R. Rep. No. 95-1828 pt. 2 (1979). The House

Select Committee on Assassinationg concluded that the

established that a fourth shot was fired, and, therefore, there was a "high

probability" that two gunmen fired at President Kennedy. Id. at 65-79. The

Committee relied on analyses of a dictabelt recording of the Dallas police

channels. See id. at 66-67. Bolt Beranek and Newman Inc. performed the first

analysis and concluded - based on impulse patterns detected from the recording

and an acoustical reconstruction of the assassination - that there was a 50%

chance of a fourch shot from the Grassy Knoll. See id. at 66-72. Mark weiss and

Ernest Aschkenasy performed a follow-up analysis for the Committee and concluded

that there was a. 95% chance there was a shot fired from the Grassy Knoll. See.

id. at 72-75. But see Posner, supra noce 6, at 240-42 larguing that the House

Select Committee misinterpreted the acoustical evidence, and, therefore, it

"failed to establish the number of shots... scientifically").

• •End Footnotes- -

Fifth, the Warren Commission Report - all 888 pages of it - was the work of

lawyers, who not only dominated the Commission, but also its staff, the true

authors of the Report. n64 The final document reads like a legal brief

supporting the argument that Oswald committed the crime. The Report ought co

have been a dispassionate analysis of all of the implications surrounding the

murder, some of which the Commission itself had no knowledge. n65 Instead, the

Report was a mound of facte that obscured the issue of Oswald's motivation and

portrayed him as a sullen, dysfunctional, and troubled loner. n66 By

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generating (*12)

such a report, the Commission left open the opportunity for

critics to complain that Oswald was a patsy who did not act alone.. n67

- -Footnotes-

=-

n64. See Holland, supra note 18, at 57-58.

n65. See id.

n66. For example, the Report made the following findings with regard to

Oswald's character:

Many factors were undoubtedly involved in Oswald's notivation for the

assassination, and the Commission does not believe that it can ascribe to him

noved by an overriding hostility to his environment

been able to establish meaningful relationships with other people. He was

perpetually discontented with the world around him.

Warren Commission Report, supra note 15, at 423.

n67. See, e.g., Marre, supra note 46, at 91-112 (examining Oswald's life and

concluding that he was a spy for the United States); Posner, supra note 6, at

410-19 (describing the rash of criticism following the publication of the. Warren

Commission Report).

-End Footnotes-

The Report began to sink shortly after its release. n68 Researchers used its

massive details to challenge the Commission's assumptions and findings. n69

However, the veil of secrecy thrown over the intelligence sources prevented

Commissioners and their defenders from rebutting their detractors. n70 The

Commission's.Cold War-induced commitment to secrecy inextricably linked its

seven members to the intelligence conmunity, and when that community

subseguently came under attack, the Commission's reputation suffered as well.

-Footnotes-

n68. In 1966 a public opinion poll revealed that Americans doubted the

findings of the Warren Commission by a mangin of three

to five. The public's

response is recounted in Meagher, supra note 62, at 463.

n69. See, e.g.. Lane, supra note 6 (criticizing the Warren Commission'6

interpretacion of objective evidence in che Kennedy assassination), Litton,

supra note 6 (discussing alternative interpretations of the Kennedy

assassination evidence); Meagher, supra note 62 (comparing raw evidence of the

Kennedy assassination with the presentation of that evidence in the Warren

Commission Report).

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n70. See supra notes 41-43 and accompanying text.

n71. See supra notes 40-47 and accompanying text.

-.-

- - -End Footnotes-

II. Other Investigations of the Assassination

Between 2964 and 1979, the American intelligence services were subjected to

unparalleled scrutiny, much of it fueled by the CIA's and FBI's ties to the :

Watergate debacle and by revelations of domestic political surveillance by both

agencies and the military intelligence services. n72 There were three other

federal investigations that, in dealing with these issues, also addressed the

Kennedy assasgination: in the mid-1970s, the Rockefeller Commission, n73. the

Pike Committee, n74 and

couched on matrers relating to the assagsination and provided, most

' in are coked o go restore that

spectacularly, information about Operation MONGOOSE. 176 operation MONGOOSE $77

lavolved CIA plans to destabilize the Cuban government, murder Castro and other

leaders of hostile foreign nations, and relied on organized crime to assist with

both. 178

-

-FOOtnOtEs-

n72. For an example of the increased scrutiny of the CIA, see Victor

Marchetti & John D. Marks, The CIA and the Cult of Intelligence 4-12 (1974) - See

generally Johnson, supra note 29 (discussing the problems of strategic

intelligence in a democratic gociety).

n73. See Commission on CIA Activities Within the United States, Report to the

President by the Commission on CIA Activities Within the United States (1975)

[hereinafter Rockefeller Commission).

174. The Pike Committee Report to the House Select Committee on Intelligence

was never officially released. However; the Village Voice reprinted a

•House lage CIA Report the CIA Doesn't

substantial part of the Committee's findings. See The CIA Report che CIA Doesn't

Nant You to Read, Village Voice, Feb. 16, 1976 (Supp.) ; The Select Committee's

Investigation Record, Village Voice, Feb. 16, 1976, at 72; The Select

Commicree's Oversight Experience, Village Voice, Feb. 23, 1976, at 60.

n75. See Church Committee, supra note 48..

176. According to Loch K. Johnson, a series of articles by New York Times

reporter Seymour Hersh in December 1974 prompted the creation of all three

committees. See Johnson, supra note 29, at 3-4, 207-08. Hersh revealed, among

other abuses, that the CIA had compiled files on over 10,000 U.S. citizens as

part of Operation CHAOS. See id. at 3.

To investigate Hersh's claims, President Gerald R. Ford created the

Rockefeller Commission, named after its chairman, Nelson Rockefeller. See

Rockefeller Connission, supra note 73, at in; see also Exec. Order No. 11,828, 3

C.F.R. 933-34 (1975). The Senate created a special committee chaired by Frank

Church. See Church Committee, supra note 48, at 1-3 (stating the Church

Committee's mandate and scope of investigation). Otis Pike, the chairman of the

House's standing committee on intelligence, investigated for the House. See

supra note 14. The Rockefeller Commission was to decide if the CIA had

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violated so U.S.C. 403 (the statute creating the CIA), co determine whether

there were adequate safeguards co prevent activities that violated the statute,

and to make recommendations to the President and the director of the CIA. See

id. at x. The Commission was to issue its final report within three months and

to terminate one month after presenting its report. See Exec. Order No. 11,828,

3 C.P.R. 933-34. The Commission found, inter alia, that (1) the CIA's

surveillance of mail between the United States and the Soviet Union was illegal;

(2) the declared mission of Operation CHAOS to determine foreign influence on

domestic diesidence was proper, but some activities exceeded the CIA's

authority; (3) the infiltration of dissident groups exceeded its auchority. See

Rockefeller Commission, supra note 73, at 20-27.

8020-97

•The Church Committee was created by Senate Resolution 21 with a broad mandate

to determine if there were any ""illegal, improper or unethical'" governmental

Intelligence activities. Church Committee, supra note 48, at 1 (quoting S. Res.

21, 94th Cong. (1975)).

In his introduction to the Interim Report, Senator Church explained that the

Committee took up the investigation of assassination plots co continue the task

of the Rockefeller Commission. See id. at 2. The Church Committee investigated

murder plots against Lumumba, Castro, Trujillo, Diem, and Schneider. See id. at

4-5. With regard to Castro, it concluded that "United States Government

personnel plotted to kill Castro from 1960 to 1965." .Id.

177. See supra note 48.

n78. See Church Committee, supra note 48, at 4-5. Ibe Church Committee

investigation revealed evidence that, from 1960 to 1965, the United States

government uged underworld figures and anti-Castro Cubans in a plot to kill

Castro. See id.

. =

- -End Footnotes-

The most powerful of the post-Warren Commission inquiries was that made by

the House Select Committee on Assassinations. (HSCA), which in 1976 reopened the

investigation that had been seemingly closed a dozen years earlier. n79 The

Committee, chaired by Congressman. Louis Stokes of Ohio, explored several

controversial areas of John F. Kennedy's assassination, along with those of his

[*14]. ert, and Reverend King. n80 The HSCA suffered from its

own limitations, which are beyond the scope of this Article. 181 However, the

ISCA's conclusions, which now seem to be in question, held chat. the Committee

could not rule out a conspiracy to kill the President. n82 This finding directly

challenged the Warren Commission. n83 For example, che HSCA believed that

advanced acoustical techniques demonstrated that there had been more than one

shooter in Dealey Plaza. n84 That analysis was subsequently repudiated, n85 but

it was too late to counter the damage done to the Warren Commigsion's

credibility.

- Footnores-

n79. See House Select Committee on Assassinations, Report of

the Select

Committee on Assassinations, H.R. Rep. No. 95-1828, pt. 2. at 9 (1979)

(hereinafter House Select Committee).

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n80. See id. at 10.

n81. See Hinckle & Turner, Deadly Secrets, supra note 44, at 271 (concluding

that the HSCA suffered from

lack of funding

and that too much time had passed

between the assassination and the Committee's investigation).

n82. See House Select Committee, supra note 79, at. 95 (stating that the

Committee believed "on the basis of the evidence available to it that President

John F. Kennedy was probably assassinated as a result of a conspiracy").

n83. See id. at 104-09.

•184. See id. at 46-47, 65-79.

n85. See supra note 63.

-End Footnotes-

The HSCA exhausted ice funde before it could complete its tasks' and left

mounds of records behind, including those dealing with organized crime, which

the HSCA had subpoenaed.

but was unable to process. n86 Today these materials

are one of che chief objects of the Assassination Records Review Board.

-

-Footnotes-

n86. See Hinckle & Iurner, Deadly Secrets, supra note

44,

at 271.

• -End Footnotes-

III. The Assassination Records Review Board

The findings of these investigations inspired Oliver Stone'a 1991 movie. n87

Without endorsing the movie's sensational conclusions, many members of Congress

decided that the government's refusal to release classified information about

the assassination promoted an unhealthy level of distrust of government. n88 As

a result, Congress passed the John F. Kennedy Assassination Records Collection

Act of 1992 n89 (the JFK Act or Act), which mandated the creation of a

five-person Review Board. 190 The Act ordere all' federal agencies to assess

whether they (*151

possess records relating to the assassination. n91 All

records that an agency deems as not suitable for immediate release are subject

to the Board's evaluation. n92 All records identified as relating to the

assassination must be opened by October 26, 2017, with the exception of records

that the president certifies for continued postponement. n93

- Pootnoteg-

See. JFK, supra note 9. This 1991 Warner Brothers movie fictionally

described the investigations into the John P. Kennedy assassination. See id.

n88. See H.R. Rep. No. 102-625, pt. 1, at 10 (1992) (stating that unjustified

secrecy surrounding the assassination increases doubts and speculation and

"fuels a growing distrust in the institutions of government").

189. 44 U.S.C. 2107 (1994).

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190. The legislative history and congressional discussion of the need for the

Board can be found in H.R. Rep. No. 102-625, pt. 1, at 6; H.R. Rep. No. 102-625.

pt. 2, at 7 (1992); H.R. Rep. No. 103-587, at 2 (1994). The law establishing the

Board is at 44 U.S.C. 2107(6) (1994) -

191.44 U.S.C. 2107(5) .

n92. Id. 2107(7) 1j).

193. See Sanders & Zaid, supra note 62, at 419; Harold C. Relyea & Suzanne

Cavanaugh, President John F. Kennedy Assassination Records Disclosure: An

overview, Congressional Research Service Report for Congress 13-17 (1993)

(discussing which particular records can be postponed from release) .

• -End Footnotes-

- -

The Act defines several categorien of information for which disclosure may

be postponed, including national security, intelligence gathering, personal

privacy, and presidential security. 194 However, because the Act declares a

"presumption. of immediate disclosure," the Board will not postpone the

disclosure of material unless it is persuaded that there is "clear and

convincing evidence" of some harm that outweighs the public's interest. 195

-FootnOteB-

n94.44 U.S.C. 2107(6).

n95. Id. 2107(2)(a).

-End Footnotes-

Congress intended for the Board to oversee the opening to the public of a

substantial amount of material - perhaps in the millions of pages. n96 Congress,

therefore, clothed the Board with broad subpoena and other powers. 197 The Board

is without precedent in American history, with powers that reach far beyond, for

example, the Freedom of (*16)

Information Act (FOIA). n98 The Board's only

cask is to make the public record of one epic historical event as complete as

possible. n99

-

- -Pootnotes-

n96. The congressional hearings surrounding the passage of the Act make clear

that Congress expected the Review Board to exercise its powers in favor of

opening materials. See The Assassination Materials Disclosure Act of 1992:

Hearing Before the Senate Comm. on Gov'tal Affairs on S.J. Res. 282, 102d Cong.

(1992)

[hereinafter Assassination Materials Disclosure Act Il; Assassination

Materials Disclosure Act of 1992: Hearings Before the Subcomm. on Econ. and

commercial Law of che House Comm. on the Judiciary on H.J. Res. 454, 102d Cong.

(1992)

(hereinafter Assassination Materials Disclosure Act. II]; Assassination

Materials Disclosure Act of 1992: Hearings Before the Legislation and Nat'l Sec.

Subcomm. of the House Comm. on Gov't Operations on H.J. Res. 454, 102d Cong.

(1992)

[hereinafter Assassination Materials Disclosure Act III], The

Effectiveness of Public Law 102-526, the President John F. Kennedy Assassination

Records Collection Act of 1992: Hearing Before the Legislation and Nat'l Sec.

Subcomm. of the House Comm. on Gov't Operations, 103d Cong. (1993)

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. "!

[hereinafter Effectiveness of Public Law 102-526). The presumption was always to

be in favor of opening a document rather than postponing it, thus making

postponement the exception rather than the rule under the law. The Congress

could only guess at the scope of materials to be opened.

197.44 U.S.C. 2107(7) (j).

198. 5 U.S.C. 552 (1994). For a discussion of the history and operation of.

che Freedom of Information Act (FOIA), see generally Patrick J. Carome & Thomas

M. Susman, American Bar Association Symposium on FOIA 25th Anniversary, 9 Gov't

In£0. 0. 223 (1992).

•n99. See Sanders & Zaid, supra note 62, at 417-18.

• -End Footnoteg-

Although the Board's mission is clear, in executing the law it continually

confronts the powerful tensions generated by the principled claims.

of openness

and secrecy. Io choose is to lead, and the Board, in attempling to break new .

ground in public disclosure, confronts some profound choices. Those choices have

to be inforned, moreover, by a shrewd assessment of the public's right to know.

the public's need to have secrets vital to its national security protected, and

the intelligence services' duty to safeguard those secrets and the sources and

lucy co safeguard cont

-Footnotes-

1100. See DuVal, supra note 14, at 580-91.

- - -End FOOLnOtEB-

The Board's most difficult choices involve the disposition of classified

intelligence documents. If a federal agency wants to open materials, it 1s not

the Board's duty to prevent it. Rather, the Board's most important task is to

decide what should not be opened immediately, in light of the Act's powerful

admonition that chere be "clear and convincing evidence" in favor of

postponement. n101 In simplest terms, the Board has to decide whether materials.

if opened, would reveal:

- -Footnotes-

2101.

44

u.s.C.

2107(6).

-End Footnotes-

(A) an intelligence agent whose identity currently requires protection:

(B) an intelligence source or method which is currently utilized, or

reasonably expected to be utilized, by the United States Governent and which

has not been officially disclosed, the disclosure of which would interfere with

the conduct of intelligence activities: of

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(C) any other matter currently relating to the military defense, intelligence

operationg or the conduct of foreign relations of the United States, the

disclosure of which would demonstrably impair the national security of the

United States

n102

n102. Id. 2107(6) (1) (A), (B), (C):

-Footnotes-

-End Footnotes-

The Act provides other grounds for postponement. These include exposure of an

informant to a "substantial risk of harm, " n103 exposure of a person to an

"unwarranted invasion of personal

privacy," n10t the possibility of

compromising a relationship between a United States government agent and a ?

confidential

source, n105 and the revelation of a security procedure used to

protect the President. n106

-Footnotes

n.203. Id. 2107(6) 12).

n104. 1d. 2107(6) (3).

n105. Id. 2107(6)(4).

n106. Id. 2107(6) (5).

-End Footnotes-

IV. Openness and Secrecy • OriginalIntentiona

History offers uncertain guidance about how the Board should weigh these grounds

for postponement against the public's interest in knowing the facts about the

assassination. The Framers of the United States Constitution did harbor doubts

about government, doubts precipitated by their experience in the English Empire.

1107 James Madison and Thomas Jefferson, among others, testified eloquently to

the proposition that public accountability was an appropriate measure of the

success of a republic. n108 Still, the Framers were also sophisticated statesmen

who valued secrecy in fostering the public good. n109 For example, the

Philadelphia Convention of 1787 conducted is deliberations in secret without

any complete record of its debates. n110 The Constitution provides for the

malatenance of an executive journal for both Houses of Congress and permits

government to publish its accounts and revenues from "time to time," rather than

on demand. n111 Even more fundamental was President George Washington's

assertion of a broad degree of presidential discretion in dealing wich foreign

relations, war, and peace. n112 In certain circumstances, secrecy could be

justified to attain ends superior to a completely in- (*18]

formed public.

Indeed, the Constitution's Preamble declares that insuring "domestic

Tranquility" and providing for the "common defencé" are objectives egual to

securing the "Blessings of Liberty. " n113

-Footnotes-

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n107. See generally 9 James Madison, The Writings of James Madison (Gaillard

Hunt ed., 1910) (photo. reprint 1971)

(discussing how the Framers of the

Constitution were affected by their prior experiences with the English).

n208. Madison wrote, "A popular Government, without popular information, or

the means of acquiring it, is but a Prologue to a Farce or a Tragedy, or.

perhaps both. Knowledge will forever govern ignorance: And a people who mean to

be their own Governors, must arm themselves with the power which knowledge

gives." Id. at 103. Jefferson stated: "No ground of support of the Executive

will ever be so gure as a complete knowledge of their proceedings by the people:

and it is only in cases where the public good would be injured, and because it

would be injured, that proceedings should be secret." Thomas Jefferson: Word for

Word 409 (Maureen Harrison & Steve Gilbert eda., 1993).

n109. See Madison, supra note 107, at 104.

n110. See Thornton Anderson, Creating the Constitution 8-12 (1993); see also

---

William Peters, A More Perfect Union 22-38 (1987) (quoting Thomas Jefferson: "I

am sorry they begin their deliberations by so abominable a precedent as that of

tying up the tongues of their members.").

n111. U.S. Const. art. I, 5, cl. 3..

n112. See Refusal by President George Washington to Submit Confidential

Correspondence with John Jay to the House of Representatives, March 30, 1796, in

William M. Goldamich, The Growth of Presidential Power 418-20 (1984).

n113. U.S. Const, preamble. The preamble to the constitution states in full:

We the People of the United states, in Order to form a more perfect Union,

establish Justice, insure domestic Tranquility, provide for the coumon defence,

promote the general welfare, and secure the Blesgings of Liberty to ourselves

and our Posterity, do ordain and establish this Constitution for the United

States of America.

Ia.

-

-End Footnotes-

On the question of original intention, the evidence is mixed. Secrets were

at once bad and useful, openness was an object to be pursued, but not at all

costs. Since 1787, the government has become more rather than less accountable,

its secrets more rather than less readily accessible to iis citizens. n114

-.

- -Pootnotes- - -

n114. See generally Daniel N. Hoffman, Governmental Secrecy and the founding

Fathers: A Study in Constitutional Controls (1981)

(stating that judicial

doctrines and legislative controls on political speech and publication have

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toughened since 1787) •

- -End Footnotes-

V. Openness and Secrecy - FOIA

For more than 190 years, the American public did not have a legal right to gain

access to information about its government..n115 All of that changed, however,

in 1966 when President Lyndon Johnson signed FOIA nll6 and thereby altered the

historical relationship between the federal government and the public. n117 FOIA

presumes that government information is public information and is implemented by

the judicially enforceable requirement that all federal agency records be made

aváilable promptly upon request, subject only to nine exemptions, which are to

be narrowly construed. n118

-Footnotes-

allS. The issue of openness in government has historically been franed int

terme of the right of the government to keep secrets, rather than the right of

the public to have access to governmental recorde.

See Seth F. Kreimer, Sunlight

Secrets and Scarlet Letters: The Tension Between Privacy and Disclosure in

Constitutional Law, 140 U. Pa. L. Rev. 1 (1991). The movement towards greater

openness in the post-World War II period has been part of a broader movement in

the twentieth century to hold government accountable for its actione. See id. As

a result, since the progressive era of the early twentieth century, we have seen

the institution of public records, open meetings, and "sunshine laws." See id.

116. 5 U.S.C. C. 552 (1994).

n117. The Act has come under critician from boch advocates of openness and

proponents of secrecy. See, e.g-, Carome & Susman, supra note 98, at 223

(criticizing the Act because the cost of implementation outweighs the benefits

it is supposed to provide); Non-Denial: How Attitudes and Inertia Combine to

Subvert the Freedom of Information Act, Kiplinger Program Rep. 1-32 (Summer

1994) (discussing the success of FOIA in providing Americans with a means of

acquiring information about their government).

_.*.

n118. 5 U.s.c. 552.

- -End Footnotes-

Critics of FOIA seldom doubt its good intentiong, but they do doubt its

effectiveness, complaining that the cost of implementing it

(*19)

far

outweighs its supposed benefits. n1l9 The argument against FOIA was perhaps best

summed up by Justice Antonin Scalia, who described the statute as "the Taj Mahal

of the Doctrine of Unanticipated Consequences, the Siatine Chapel of

Cost-Benefit Analysis ignored." 1120 Critics like Justice Scalia chasge that

FOIA harms the government's and the public's legitimate need for secrecy. n121

- -Footnotes-

n119. See Carome & Susman, supra note 98, at 223; see also supra note 117.

n120. Antonin scalia. The Freedom of Information Act Has No Cloches, 14 AEI

J. On Gov't & SOC'y 1026 (1982).

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n121. See id.

-End Footnotes-

Many of the most important documents relating to President Kennedy's murder

have been unobtainable through FOIA. n122 Nevertheless, FOIA and the

Assassination Records Review. Board do share a common purpose: to break chrough

government's historical habit of classifying information that otherwise could -

and should - be open. n123

-Footnotes-

'n122. See Sanders & Zaid, supra note 62, at 408 & n.? (stating that without

the implementation of the President John F. Kennedy Assassination Records

Collection Act of 1992, the recorde concerning the assassinacion would remain

classified until the twenty-first century).

1123. See 44 U.S.C. 2107(b) (2) (1994) Istating the purpose of the President

John F. Kennedy Assassination Records Collection Act of 1992); Caroúe & SuBman,

supra

note 98, at 223 (discussing FOIA and the presumption that government

information is public information).

-End Footnotes

VI. The Business of Secrecy

Today, keeping information secret has become a massive industry in washington.

n124 According to official estimates, the government took 6.3 million

classification actions in 1994, creating an estimated 19 million pages of

information that only selected

government officials can see. n125 More than

32.000 government workers are employed full-time to determine what should be

secret, what level of secrecy the material should have, and whether the

documents should be classified. n126 The government holds hundreds of millions

of pages of secret documenta; indeed, the precise number has gone beyond the..

government's ability to count. n127

- Footnotes =

n124. See Ann Devroy,. Clinton Eases Government Secrecy Rules: Most

Declassification to Become Automatic, Wash. Post, Apr. 18, 1995, at A1,

available in LEXIS, News Library, WPost File.

n125. See id.

n126. See id.

n127. See id.

• -End Footnoteg-

The problem of what to do with classified documents is strangling some

government agencies. For example, consider the Department of Energy. n128

American makers of nuclear weapons have been classify-

ing

virtually

everything for so long that the Energy Department now has more secrete than it

can handle. n129 The Department has

100 million pages of documents that it

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wants to review for possible release, but it does not have the resources to do

so. 1130 For more than fifty years, the Department followed a scheme of

classification that might best be called "classified at birth. " n131 Any

document generated was presumed secret until proved otherwise. n132 The

Department and its civilian contractors have literally lost track of what needs

to be kept quiet. n133 Even more fundamental, what is genuinely in need of

no longer worthy of classified status (if they ever were). n134

- -Footnotes-

n128. See Matthew L. Wald, Millions of Secrets Burden Energy Agency, N.Y.

Times. Feb. 7, 1996, at A15, available in LEXIS, News Library, Nyt File.

n129. See id.

n130. See id:

n131. Id.

n132. See id.

n133. See id.

n134. See id.

-End Footnotes-

In April 1995, the Clinton administration attempted to break this

classification logjam. n135 The President issued an executive order aimed at

opening government's oldest secrets to public view, thereby reducing the number

of documents made secret and shortening the number of years they remain

classified. n136 The primary element of the order is the automatic

chorten of che

declassification without review of most documenta that are twenty-five years old

or older. 1137 Previously, documents had remained classified indefinitely. n138

Now, unless che documents fit into a group of narrow exceptions, they will

automatically be open to the public: n139

..

- - - - -Footnotes- -

n135. See Exec. Order No. 12,958, 3 C.F.R. 333 (1995), reprinced as amended

in 50 U.S.C. 435 (1996) .

n136. See id.

n137. See id.

n138. See Devroy, supra note 124.

n139. See id..

-End Footnotes-

How well the new

system will work remains to be seen. Presidents come and

presidents go, but the security bureaucracy remains. Not only do the

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intelligence agencies grumble about having to make public that which is most

precioua to them, but they argue that such declassification is costly and time

consuming, especially in an era of diminished resources. n140

- Footnotes-

n140. See Tim Weiner, C.I.A. Is Slow to Tell Early Cold War Secrets, N.Y.

Times, Apr. 8, 1996, at A6, available in LEXIS, News Library, Nyt Pile.

- - End Footnotes-

[*21]

VII. The Board and the Intelligence Services

the wik act is an attempt not only to deal with the issue of public contidence

in government, n141 but algo to forge a model of how we might keep from sinking

in our own secrets. Yet, the intelligence community resists the opening of

classified materials, even those that are now a third-of-a-century old. This

defiance is particularly ironic in the case of the kennedy assassination, in

that the intelligence agencies most troubled by the disclosures are che same

ones that most often figure in conspiracy theories. n142 Disclosing materials

Chat the CIA and FBI want postponed might actually affirm that neither a foreign

nor domestic conspiracy existed and demonstrate the vital role they played in

supporting American interests in the Cold War.

- -Footnotes-

1141. See Assassination Materials Disclosure Act I, supra note 96, at 1

(opening statement of Chairman John Glenn) (observing that "disclosure of

information is the only rellable way to maintain the public trust and to dispel

distrust").

n142. See, e.g., Exhibit Nine infra p. 54. As early as 1976, the CIA itself

acknowledged

"conspiracy theories have frequently thrown suspicion on our

organization." Id.

-End Footnoces-

Congress never contemplated total disclosure, otherwise it would not have

created the JFK Board. n143 Disclosure is an important public interest, but so

too is protecting sensitive information. n144 There are many occasions for

secrecy. For example, most deliberative

bodies make a virtue of secrecy, because

it permica compromise by allowing individuals to make concessions without losing

face: 0145 The Supreme Court has observed: "Human experience teaches that those

who expect public dissemination of their remarks may well temper candor wich a

concern for appearances and for their own interests to the detriment of the

decisionmaxing process." n116 The Court knows whereof it speaks. as its

no the cour sons

decisionmaking process in conference remains entirely confidential. n147

• -Footnotes-

n143. Both the plain reading of the statute and an examination of the

legislative history make clear that Congress expected the Board to protect

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certain secrets from disclosure. See 44 U.S.C. 2107(6) (1994) (identifying the

grounds on which the Review Board may postpone release of assassination

materials); Sanders & Zaid, supra note 62, at 419 (explaining the Board's

obligations when it decides to postpone release of a document) .

n144. See DuVal, supra note 14, at 668-71 (identifying 10 justifications for

nondisclosure).

n145. See id. at 621-22 (observing that maintaining secrecy of advice,

recoumendations, and opinions allows officials to "propose, comment, and

criticize without concern that their comments may seem foolish or contrary to

popular sentiment" and to compromise "without loss of face").

n146. United States v. Nixon, 418 U.S. 683, 705 (1974) (footnote omitted).

n147. Secrecy in the High court is a practice, a matter of the Court's..

culture and traditions, not of law. see Bob woodward & Scott Armstrong, The

Brethren xi (1979) ("The Court has developed certain traditions and rules,

largely unwritten, that are designed to preserve the secrecy of its'.

deliberations."). The Justice who tells what took place in conference 1s

indiscreet and is likely to forfeit the respect of other Justices, but he breake

no law and neither do his law clerks. See id.

Indeed, one of the arguments

raised in che wake of opening the papers of Justice Thurgood Marshall was that

his written commentary. on his colleagues may have made it more difficult for

them to deal with one another now knowing that the public understood the reasons

that they held certain positions. See id. at xii (observing that, because

Justices are not elected but are appointed for life, they are not disposed to

allow their decisionmaking to become public). The matter is posed differently,

however, in Great Britain. The Official Secrets Acts make it unlawful for a

government employee to make an unauthorized disclosure of official information

or for anyone who has received the information in violation of the Act to

communicate

it to anyone else. Official Secretg Act, 1911, 1 & 2 Geo. 5 ch. 28,

2.

-. .

(*22]

- --End Footnotes-

The virtues of openness in government, therefore, can be and often are

overstated, especially by a self-interested press and media. Openness does mean

that bad advice can be challenged, but the consequence may be that good

decisions are never reached. Open records and "sunshine laws" n148 may only

drive people to legs easily documented forms of communication, such as the

telephone. n149 Although the costs and benefits of secrecy and openness in

government are not easily calculated, we do know that loose lips still sink

ships, even in our own chermonuclear age.

•-FOOtnOteS-

n148. See Kreimer, supra note 115.

n149. See Patricia M. Wald, The Freedom of Information Act: A Short Case

Study in che Perile and Paybacks of Legislating Democratic Values, 33 Emory L.J.

649, 664 (1984) lobserving that "to some degree creative government officials

and bureaucrata will always be able to devise waye to abort POIA's discloaure

requirements").

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56 Md. L. Rev. 1, *22

-End Footnotes-

In the case of the Kennedy assassination, how far are we willing to

countenance secrecy when a fully illuminated rendition of the eventa surrounding

cha president's murdex could go a long way to restore trust in government? At

what point do the costs of concealing materials become sufficiently high to our

government's credibility that they are no longer worth paying? At what point do

the costs of disclosure become so great that we compromise our future security?

Perhaps nowhere are these issues more acutely felt by the JFK Board than in

those matters involving intelligence operations.

The assassination sparked a major intelligence effort. n150 In the days

following the murder of president Kennedy,

-Footnotes -

n150. See Assassination Materials Disclogure Act II, supra note 96, at 93

(statement of Floyd I. Clarke, Deputy Director, FBI)

(noting that "immediately

following the assassination, the FBI began a massive and intense investigative

effort"); Epstein, Trilogy, supra note 6, at 29 (describing Congress's formation

of the Warren Commission less than two weeks after the assassination and the

Commission's interaction with the FBI's intelligence efforts).

-End Footnoteg-

The entire intelligence community worked to learn everything

It could about

Oswald and his murky, superficially contradictory activities. New intelligence

reports from Mexico City suggested a link between Oswald and the Cuban

government. The supersecret National Security Agency and allied eavesdropping

agencies went into overdrive to decipher in-

[*23]

tercepted conversacions,

cable traffic, radio, and telephone communications at the highest levels of the

Soviet and Cuban governments

.... n151

-Footnotes

n151. Holland, supra note 18, at 54.

- -End Footnotes-

The FBI literally asked all of its informants whether they could shed light on

the murder. In addition, there were efforts to tap the FBI's connection with

organized crime to make certain chat its members.

angry at the Preaident and his

brother, had not ordered the murder and that ruby's killing of Oswald was not a

classic mob hit. n152 The resulting cables and other documents laid bare most of

the Cold War intelligence capacity of the United States. n153

- -Footnotes-

n152. See Posner, supra note 6, at 463-64.

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n153. See Holland, supra note 18, at 54, 56.

- - -End Footnotes-

students of the assassination would benefit from opening the mass of

information produced by the intelligence community's intense effort to get to

the bottom of the President's murder. Yet, protecting America's foreign and

domestic intelligence-gathering capabilities is essential to our national

defense. n154 Thus, the intelligence agencies regularly assert that the

identities of agents and informants must remain perpetually confidential; n155

that nothing should be revealed about the methods and sources used to gather

intelligence: n156 that direct reports from United States intelligence agents

should not be disclosed; n157 and that intelligence information provided by

other nations to the United States, and, indeed, the very existence of such

relationships, should not be disclosed..

--Footnoteg- -

n154. See Assassination Materials Disclosure Act III, supra notE 96, at 381

(prepared statement of FBI Director William Sessions) (stating chat among

250,000 pages requested by the House Assassinations Committee are a large number.

of FBI documents that "implicate national security interests").

n155. See Assassination Materiala Disclosure Act I, supra note 96, at 7

(statement of CIA Director Robert M. Gates) (asserting that "we have

an

obligation to protect he confidentiality of our sources, regardless of the

amount of time that has passed").

n156. See Assassination Materials Disclosure Act III, supra note 96, at 363.

373-74 (statement of CIA Director Robert M. Gates) (stating assumption "that

there still will be information that cannot be released to the public for a

variety of reasons, including ... the exposure of intelligence sources and

methods") ¡ AssAsBiDatiOn Materials Disclosure Act II, supra note 96, at 109

(statement of Admiral William O. Studeman, Deputy Director, CIA) (echoing

Gates'a atatement).

n157. See

supra note 154.

- - - -End Footnoteg-

VIII. Informants

Informants play a critical role in the world of intelligence operations, boch

domestic and foreign. For example, the FBI relied heavily on informants to

infiltrate the Ku Klux Klan in che 1960s and

(*24]

1970s. n158 Today, the

FBI recruits informants to help thwart narcotics trafficking and international

terrorism. n159 The internal security and general welfare of the United States

depends heavily on the role of informanta. n160

-FOOtnOtES.

n158. See Clifford S. Zimmerman, Toward a New Vision of Informants: A History

of Abuses and Suggestions for Reform, 22 Hastings Const. I.Q. 81; 91-92 (1994)

(describing the FBI's mishandling of

KKK informants).

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n159. See R. Jeffrey Smith, Critics "Wrong, ' CIA Chief Says, Wash. Post.

Sept. 6, 1996, at A21, available in 1996 WL 12392255 (noting CIA Director John

M. Deutch's assertion that critice who allege that the CIA has done a poor job

recruiting informants knowledgeable about terrorist activities are wrong).

n160. See Ross Parker, Confidential Informants and the Truth Finding

Punction, 4 Cooley L. Rev. 565, 596 (1987) (citing an informal examination of

federal investigations in the Bastern District of Michigan finding that about

50% of drug cases and 40% of public corruption cases involved the use of

informants); Timothy A. Raezer, Needed Weapons in the Army's War on Drugs:

Electronic Surveillance and Informants, 116 Mil. I. Rev. 1, 39-64 (1987)

(extolling the benefits of informants to drug law enforcement); Zimmerman, supra

note 158, at 178 (observing that law enforcement "has long reaped and extolled

the benefits of informants").

-End Footnotes-

What duty does the government owe to persons who agree to serve as

Informants? There are many reasons why persons serve as informants. "Money,

revenge, and the sheer chrill explain some of this behavior. Yet, above all

else, informants expect that they will be clothed in confidentiality in return

for cheir information. An informant who is identified immediately loses value.

All informants in the service of the various domestic and international

Intelligerce operations are recruited with an understanding that they will be

granted confidentiality - that they will never be "given-up" in the lingo of the

Intelligence community. n161 The very nature of what they are asked to do -

commit treason on their home government, report on the activities of groups like

the American Communist Party, or shed light on the activities of organized crime

and terrorist groups - exposes them to tremendous danger; if they are revealed,

they and their families may suffer serious personal injury, or even death.

-Footnotes-

n161. See Assassination Materials Disclosure Act III, supra note 96, at 53

(statement of CIA Director Robert M. Gates) (observing that the CIA files

• "contain the names of individuals who provided us information on a promise of

confidentiality").

-End Footnotes-

ability to recruit new informants. Yet, all informants are not created equal.

Some have greater value than others, both for the story of the Kennedy

assassination and for providing information about organized crime and other

activities. Moreover, the issue is not simply one of the quality of the

information

[*25]

that is provided. As Exhibit One demonstrates, the vast

majority of documents involving informants has been opened in part; infrequently

only the names of the informants and other key identifying language has been

redacted. 1162 These redactions breed a sense of expectation among researchers.

because in the climate of conspiracy that surrounds the Kennedy assassination,

any material that is covered up is presumed to be an important missing link in

the chain of explanation about the murder.

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- - -Footnotes-

n162. See Exhibit One infra p. 39.

-End Footnotes-

Exhibit One is perhaps represencative of the issues raised about the Review

Board's disclosure of informants. The Exhibit contains a message sent by the FBI

Special Agent in Charge (SAC) in Houston to the SAC in Dallas and to FBI

Director J. Edgar Hoover on November 26, 1963, four days after the murder of

President Kennedy, n163 This document was öriginally reviewed by the FBI, and

designated for release under the terms of the JFK Act with certain materials

redacted. Those redactions appear in Exhibit One and indicate what material the

FBI wanted to keep from the public. n164

-Footnotes-

n163. See id.

n164. See id.

-End Footnotes-

As Exhibit Iwo reveals, the Board decided that much of the redacted material

could be released, most notably che name of Mary Ann McCall, a hostess at a

Dallas night spot. n165 By the time the informant had interviewed McCall, Jack

Ruby had already killed Oswald. The Board decided that the historical record was

well served by opening McCall's name, especially given her purported

relationship with the dallas police and organized crime. The Board, however,

also accepted the FBI's argument that the name of the person who provided the

Information about McCall should be proteated. Consequently, a document that had

many redactions when it was sent from the PBI to the Board went into the public

record with only one name redacted. The Board was sacified that revealing the

informant's name would harm the informant, thus outweighing the value of

immediate disclosure. The Board used substitute language to make clear to

students of the assassination that the redacted portion was the name of a

"confidential informant" and ordered that the name be released in the year 2010.

N166

_ -Footnotes-

n165. See Exhibit Two infra p. 41.

n166. See id.

--.

- - -End Footnotes-

Should it matter to the Board that many of these informants, when

interviewed after the assassination, did not provide positive information about

Oswald or Ruby? There are countleas examples of

[*26)

individuals who, when

contacted by intelligence services, indicated that they knew nothing about the

assassination. The Board has taken the position that intelligence services must

demonstrate that harm would come to the individual if her name were released.

Agencies muet be able to identify the individual, indicate that she is still

alive, and establish that some harm will befall her. n167 The Chreshold issue,

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therefore, is whether an agency that seeks to protect an individual, regardless

of the quality of the information provided, can substantiate the claim that harm

will come to that person as a result of revealing her name. When an agency has

failed to do so, the Board has released the name. n168 The record of events

surrounding the assassination will never be complete until we know what blind

alleys are not worth pursuing. As any good investigator knows, eliminating blind

alleys is critical, because the elimination provides additional certainty about

who knew nothing, a fact that can be helpful in discerning who knew something.

In this context, knowing that an informant knew nothing, at least by her

statement, is valuable itself, given the complexity of the conspiracy theories

surrounding the assassination.

-Footnotes-

n167. See 44 U.S.C. 2107(6) 12) (1994) (permitting postponement of public

disclosures when there is clear and convincing evidence that the "name or..

identity of a living person who provided confidential information to the untied

States... would pose a subatantial risk of harm to that person"), see also!

supra notes 102-106 and accompanying text.

n168. The McCall document cited above, and found at Exhibits One and Two,

infra pp. 39-42, is an example of the Board's release of an individual's name

after determining that no harm was likely to come to the individual and that

public interest in the disclosure would be high. See supra notes 165-166 and

accompanying text.

..-

•- - - - - -End Footnotes- - -

- -=

Spying is a feature of modern foreign affairs, and there can be no doubt

that, as with informants, we ove some protection to those individuals employed

in the Clandestine service of the CIA. n169 Understanding how our clandestine

services operate and what information they did or did not provide is critical to

the assassination story. For example, the CIA sought to protect a considerable:

amount of information involving the use of double agents to infiltrate the

Soviet Embassy in Mexico City. As Exhibit Three makes clear, the Agency

originally wanted to protect broad sections of a message sent on November 29.

1963, one week afcer the murder of the President. n170 The CIA believed that

the president. 1270 in°

releasing the information would compromise the

reveal the scope of the Agency's efforts against the former Soviet government.

ret, in terms of the story of the assassination, knowing the quality of the

are ng the

double agents and

effort directed against the Soviets in Mexico. City was considered crucial. As

Exhibit Four reveals, only weeks before Lee Harvey Oswald was arrested for

killing President Kennedy, Oswald had visited the Soviet Embassy in Mexico

seeking a visa that would allow him to return to the Soviet Union by way of

Cuba. n171 The Board opened most of the information that the Agency previously

wanted to postpone, and where the Board determined that disclosure would be

harmful, it relied on substitute language, which is handwritten in Exhibit

Three. n172

- -Footnotes-

n169. The JEK Act acknowledges the abligation of protecting the identity of

incolligence officers. See 44 U.S.C. 2107(6) (1) (A) (allowing postponement of the

release of JFK documents it they involve public disclosure of "an intelligence

agent whose identity currently requires protection'"); see also supra note 102

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and accompanying text.

n170. See Exhibit Three infra p. 43. The CIA originally sought to postpone

the information that is in the brackets. See id. In some cases, information was

postponed, but substitute language, as provided by the statute, was inserted in

its place. See id.

n171. See Exhibit Four infra p. 45.

n172. See Exhibit Three infra p. 43.

- -End Footnotes-

The CIA also worries about the status of its former employees and

expects

that these employees will not reveal the nature of their activities without

first seeking the Agency's permission. n173 If

an individual retires from the

• CIA undercover,. does it follow that historical researchers must forever be

denied access co chat person's true name, especially when she is alive and able

and soro

co answer questions? Does an agent in the clandestine service of the country

have a right to be free from the prying questions of researchers and reporters?

Does it make any difference, as in the case of informants, that an agent

provided only negative information? Should we worry about whether an agent is

alive or dead? Or does it follow that significant harm might come to the agent's

family and friends through the revelation of her name? Are we willing, in the

interest of providing che fullest and richest historical record of the

assassination, to subject spouses, children, and parents to potential harassment

or worse?

• •FootnoteB-

n173. See Melvin L. Wulf, Introduction to Marchetti & Marks, supra note 72.

In 1972, the CIA successfully sued former agent, Victor Marchetti, to reguire

that his manuscript be submitiad to the CIA for review prior co publication. See

id. at xix.

- -End Footnoteg-

Weighing the potential harm to such persons against the public's right to

know is challenging. We should recall that in 1975, Richard Welch, the CIA

station chief in Athens, Greece, was murdered by unidentified gunmen as he

returned to his home from a party at the ambassador'a residence. 1174 Former CIA

Director William Colby attributed the death to a magazine account that had named

Welch only a

month before. n175 For those agents who are still alive

but in retirement, should we take their word that they are at grave risk? Does a

lifetime of intrigue have as its cost a retirement filled with uncertainty?

_ -Footnotes-

n174. See Rhodri Jeffreys-Jones, The CIA and American Democracy 211-12 (1989)

lobserving chat "pro-CIA partisans blamed Welch's death on Agency critica who

had irresponsibly released too much information"); Jeremiah O'Leary, Cover

Blown, CIA Agent in Athens Killed, Wash. Star, Dec. 24, 1975, at A1

(noting that

a United States publication's naming of welch as the CIA station chief who was

slain in Athens will fuel controversy about tragic consequences of public

dísclosure of CIA personnel) .

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n175. See O'Leary, supra note 174. at A1.

- - -End Footnotes-

The value of confidential FBI and CIA sources to the Warren Commission's

work is underscored by the documents released thus far by the Board. For

example. Exhibit Four is a letter dated June 17, 1964 from FBI Director J. Edgar

Hoover to J. Lee Rankin, then General Counsel to the Warren Commission. n176 The

lecter details what the FBI knew about Fidel Castro's assesament of che

assassination. n177 Originally classified as "Top Secret," this document

indicates that che United States had a source sufficiently close to Casiro to

gauge the Cuban leader's evaluation of Oswald and the circumstances surrounding

hi's visit to che Cuban embassy in Mexico City, n178. The FBI wished to redact

much of chis material. The FBI was concerned that Castro's testa were at

variance wich the FBI's test results. The Board decided that the information

contained in the letter was critical to the assassination atory; n179 therefore,

the entire document was made available to the American public, illuminating the

hinking of Castro and the credibility of the American intelligence community to

aEseBs the Cuban leader.

-Footnotes-

n176. See Exhibit Four infra p. 45.

n177. See id.

n178. See id.

n179. Parts of the document had been declassified in 1976, but the FBI wanted

to continue to postpone release of the portione in brackets. See id.

- - - -End Footnotes- -

In matters of informants and agents, the JFK statute directs the agencies to

provide the Board with "clear and convincing evidence" that disclosure will

result in harm, either co an individual or to current operations. n180 If the

FBI, for example, is unable to find a former informant, and thus does not know

whether she is alive or dead, what is the Board's duty? The Board faces the

dilemma of either erring on the side of protecting the individual's identity,

even though there is no evidence that the person is alive and living under a

current threat, or enriching the historical record by revealing the individual's

identity while running the risk of

causing unnecessary harm.

- Footnoteg-

0180.44 U.S.C. 2107(6) (1994).

- -End Footnotes- -

There is also the related question of how to treat the names of persons

described in the reports of informants as being engaged in some illicit conduct

when there is no proof, other than the informant's word, to support the

accusation.. Is that individual owed a right

(*29)

tO KNOW

that he or she was

so identified, or is it the Board's duty to redact the person's name? Would

disclosing false information be more damaging than retaining it in government

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records where only government officials have access to such information?

These questions indicate the range of issues associated with deciding

whether to postpone releasing the names of informants and agents. Where does the

requirement for a full historical record of the Kennedy assassination yield to

the prudential uses of secrecy to preserve the nation's ability to gather

intelligence?

IX. Sources and Methods

Tie JEK ACt requires the Board to balance the need to protect sources and

methods of intelligence collection with the public need for disclosure of

information relating to the assassination. nißl The inappropriate release of

documente, either in part or in full, dealing with our intelligence agencies'

sources and methods could afford hostile nations, organized crime, terrorists,

them, they are likely to adopt appropriate countermeasures. They also might seek

to provide selectively misleading information, knowing that we are listening and

how we are listening. Many of the documents already available in the JFK

Collection at the National Archives indicate that the United States bugged,.

tapped, photographed, and otherwise conducted surveillance of persons and

places.. The question arises whether we should also reveal the precise kind of

equipment that was used, how it was employed, and against whom it was targeted.

Knowledge about equipment and technique would be important in evaluating che

capability of the intelligence community, not only to ply its craft, but to

organize a conspiracy on its own. Again, the question arises whether disclosing

a source, method, or technique should turn on whether positive or negative

information becomes available.

- - -Footnotes-

$181. See 44 U.S.C. 2107(7) lauchorizing postponement of the release of

records if the threat of disclosure "is of such gravity that it outweighs the

public interest"); see also supra note 102 and accompanying text.

-End Footnotes-

Exhibit Five provides a good indication of the kinds of issues involved in

dealing with sources and methods. n182 Thie document is a cable sent from che

Director of the CIA on November 23, 1963, only hours after the murder of the

President, seeking information about a surveillance operation conducted in

Mexico City. n183 The message

[*301

sought information about what the CIA

operatives in Mexico City knew about the existence of tapes and transcripts

involving surveillance of the Soviet Embassy chere. n184 The CIA originally

requested the postponement of much of the information in this document; however,

the Board decided that its centrality to understanding the assassination story

hate to eat te no wear the ca caped,

the Embassy, this document is one of the most significant released by the Board

co date. This document also suggests the CIA'g awareness of and interest in

Oswald before he purportedly shot the President.

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*30

- -Footnotes-

n182. See Exhibit Five infra p. 47.

n183. Id.

n184. Id.

n185. See id. The material enclosed in brackets in Exhibit Five was

originally withheld by the CIA. See id.

- -End Footnoteg=

There is also the question of whether the Board should reveal the identities

of chose who handled information relating to the investigation of the

relating to the assassination was organized, processed, and distribüted is

cencral to evaluating the CIA's role in the assassination. For

example, Exhibit

Six pertains to the continuing debate about whether the Agency photographed

Oswald entering the soviet Embassy and whether a record of what he had to say

there was ever sent to CIA headquarters. n187 Arguably, unraveling the chain of

custody of that material is critical. Yet, to do so would require identifying

the persons who handled it. In this instance, the Board decided that, on grounds

of personal privacy and potential harm, it would not disclose the name of one

CIA official involved wich the Mexico City operation, although the names of

other officials were released in cooperation with the CIA.

• -Foocnotes- -

n186. See Assassination Materiala Disclosure Act III, supra note 96, at 397

(photograph depicting voluminous JFK assassination files); Wald, supra note 128

(describing the Department. of Energy's accumulation of information).

n187. See Exhibit Six infra p. 48.

-Bnd Footnotes

X. Foreign Liaison

The American government conducts its intelligence operatione in collaboration

with the services. of other nations, n188 For example, the most secret agreement

ever entered into by the English-speaking world is the pact by which the United

Australia, and New Zealand carved the

world into spheres of cryptologic influence, assigning each nation targets and

agreeing to standardize terminology, code words, and other operations

procedures. n189 Revelations of these and other relationships could prove

extremely embarrassing to the cooperating governments, especially when those

governments profess to be neutral or have publicly stated that they have no

connection with the CIA. However, a full understanding of the intelligence base

upon which the warren Commission and the incelligence community as a whole

assessed the Kennedy assassination depends on a thorough accounting of such

connectiona. Moreover, perhaps nowhere elge is negative information more

important than when the intelligence service of another country has access to

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unique sources. There is, as well, the related question of how much information

was known at the top of the cooperating governments and the extent to which such

knowledge would enhance our understanding of the assassination as being the work

of foreign conspirators. If we compromise any of those relationships and

consequencly cause political damage to the cooperating government, we may find a

valuable future source of intelligence closed. n190

• •FootnotEs-

n188. See Stafford I. Thomas, The U.S. Intelligence Community 89-94 (1983).

n189. See James Bamford, The Puzzle Palace: A Report on America's Most Secret

Agency 309, 315-17 (1982).

n190. Congress acknowledged this concern in che JFK Act by allowing

postponement of the release of documents, which clear and convincing evidence

establishes will "compromise the existence of an understanding of

confidentiality currently requiring protection between a Government agent and a

foreign government. " 41 U.S. C. 2107(6) 14) (1994).

-

-End Footnotes-

Exhibit Seven poses some of these liaison issues.

n191 The FBI provided the

Board with this heavily redacted document, arguing that release of the body of

material in the message from the FBI field office in Paris to the Director of

the FBI in Washington on October 12. 1960 (three years before the

assassination), would damage the ability of the United States to work with the

intelligence and police operations of a foreign nation. The cable. however,

struck the Board as being particularly important, in that it showed that three

years before che murder of the President the FBI was engaged in surveillance of

Oswald's activities. n192 The Board was also concerned that concealing so large

an amount of material would only heighten speculation about the document's

significance.

- -Footnotes-

n191. See Exhibit Seven infra p. 52.

n192. See id.

-End FootnOteB.

(*32)

As Exhibit Eight demonstrates, the contents of the cable were far more

sinister when redacted than when they were disclosed in full. n193 To gain this

release, the Board sought the cooperation of the Swiss ambassador to the United

States, who consented to the relcase, only with the proviso that che names of

specific Swiss officials not be divulged. As a result of the cable's release, we

know that the FBI had knowledge of and interest in Oswald's activities well

before the assassination, to the extent of relying on officials of the Swiss

Federal Police to learn about his possible attendance at Albert Schweitzer

college. n194

-FooLnotEd-

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n193. See Exhibit Eight infra p. 53 (obgerving that Oswald announced his

plans to attend Swiss college, but that he never arrived to attend classes).

n194. See id. (documenting PBI's requeat to Swiss police for information

about Oswald).

-End Footnotes-

XI. Of Times and Theories

How to address the host of issues raised by these intelligence materials depends

on answers to two overriding questions: The first is whether the passage of time

renders open that which currently requires postponement. The second is whether.

by adopting a particular theory about what happened in Dallas, the Board so

fundamentally shapes its assumptions about the significance of documents that it

may actually fail to open the most critical of them.

More than a third of a century has passed since the murder of President

Kennedy. When asked whether the sources, methods, and techniques used then are

no longer worchy of protection today, the intelligence and law enforcement

agencies appropriately anewer no. n195 They argue that disclosure at any time

will reduce their capabilities and, hence, our national security. n196 In the

world of intelligence operations, all secrets must live forever, lest we be

unable to find new secrets in che future.

-Footnotes-

n195. See supra notes 154-157 and accompanying text.

n196. See supra notes 154-157 and accompanying test.

..-

-- - - - -End Footnotes- -

The passage of time, however, has made a difference, and in some instances

dramatically so. There is today no Soviet Union to which Lee Harvey Oswald could

return. If he returned to Minsk, he would find it a capital of an independent

nation, rather than a satellite of the Communist Empire. The. Warsaw Pact has

dissolved; the capitals of Eastern furope now sport trendy shops and capitalist

enterprises; Cuba survives by importing tourists from everywhere but the United

States, and China has emerged as a major American market. Not only is the cold

War dead, but so too are many of the principal figures in the assassination -

President Johnson, Robert F. Kennedy, John Connally, and Jacqueline Kennedy. The

U-2 is regularly fea-

[*33)

tured on television documentaries; photographe

from the once super-secret Keyhole surveillance satellites of the 1960s and

early 1970s leap from che pages of the current issues of Scientific American.

n197 There is no doubt that the CIA, FBI, and military intelligence services

snooped on us and other nations, friend and foe. n198 The CIA in particular

argues that current intelligence activities must remain plaugibly deniable and

that the Board's role should be to postpone the disclosure of actions taken a

third-of-a-century ago that conceivably could compromise current operations.

Yet, we might reasonably ask ourselves, as che Board has, whether, three decades

lator, we would compromise our security interesta around the world by indicating

that a CIA station once existed in Moscow.

- Footnotes-

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• 1197. See Dino A. Brugioni, The Art and Science of Photo Reconnaissance, Sci.

Am., Mar. 1996, at 78. Few secrets were accorded more respect than the

techniques associated with photo reconnaissance by spy planes and satellites.

See id. (discussing 800,000 reconnaissance photographs taken by the CIA from

1960-72 and kept secret): There is now, however, growing information about the

capabilities of the United States during the Cold War. See id.; see also Stuart

F. Brown, America's First Byes in Space, Popular Sci., Feb. 1, 1996, at 42,

available in 1996 WL 9275085 (describing the government's declassification of

800,000 photographs); Philip Chien, High Spies: U.S. Reconnaissance Satellites,

Popular Mechanics, Peb. 1996, at 47; available in LBXIS, News Library, Mag File

(explaining that one of the original reconnaissance satellites of the

1960g will

be displayed at the Smithsonian's Air and Space Museum) •

1198. See generally Michal R. Belknap, Cold War Political Justice (1977)

(describing the Department of Justice'g nationwide campaign to bring down the

Communist party of the United States); Nelson Blackstock, Coincelpro: The FBI's

Secret War on Political Freedom (1976) (describing the FBI's countérintelligence.

operations and violations of constitutional rights); Ward Churchill & Jim Vander

Wall, The Cointelpro Papers x (1990) (describing FBI documents that "expose the

secret, systematic, and sometimes savage use of force and fraud. by all levels

of government to sabotage progressive political activity"); Frank J. Donner, The

Age of Surveillance (1980)

(describing U.S. domegtic intelligence operations) ;

Brian Freemantle, CIA (1983) (attributing CIA excesseg to lack of direction or

misdirection from the Executive Branch and presidency) ¡ Jeffreys-Jones, supra

note 174 (describing how allegations of the CIA's failed operations in Bogota,

Columbia led to an expansion of

incelligence operations); Mark Reibling, Wedge:

The Secret War Between the FBI and CIA (1994) (discussing the CIA's efforts to

asBassinate Fidel Castro); David Wise, 'The American Police State: The Government

Against the People (1976) (describing

U.s. domestic intelligence operations).

-End Footnotes-

If the passage of time makes no difference, then the American people would

never have a right co all of the information used or denied by the Warren

Commission. The passage of time neuters secrecy, and evencually, like Douglas

MacArthur's old soldiers, secrets just fade away. If there are any secrets that

a democratic government has a right to keep permanently from its people, surely

the murder of the President would not be one such seciet..:

Then there is the problem of what theory the Board should adopt to explain

[*34)

lished a widely

read book on the assassination entitled Case Closed. n199 It concludes that bee

Karvey Oswald murdered President Kennedy, that he did so acting alone, and that

there is no evidence of a larger conspiracy, foreign or domestic. n200 That

notion of the assassination is countered by a host of critico that insist on

just che opposite. n201

-Footnotes-

n199. Posner, supra note 6.

n200. See id. at 472.

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n201. See, e.g., Harrison E. Livingstone, Killing Kennedy 282-334 (1995)

(arguing that Posner's book tricked the public with false scholarship); G.

Robert Blakey, Murdered by the Mob?: 30 Years After the Kennedy Assassination.

This Case Ibn't Closed, Wash. Post, Nov. 7, 1993, at C1, available in LExIs.

News Library, Wpost File (arguing that credible scientific and other evidence

points to a conspiracy); Jeffrey A. Frank, Who Shot JPK? The 30-Year Mystery,

Wash. POSE, OCt. 21, 1993, Book world, at X1, available in LEXIS, News Library,

Wpost File (arguing that Posner rarely strays from paths staked out by the

Warren Commission" and that the "book ultimately becomes an all-too-transparent

brief for the prosecution"), Jonathan Kwitny, Bad News: Your Mother Killed JFK,

L.A. Times, Nov. T, 1993, at 1, available in LEXIS, News Library, Lat File

(contending that Posner "presents only the evidence that supports the case he is

trying to build").

Posner related that other reactions to his book included an accusation that

he was a CIA agent, a computer network asking its members to discredit his book,

and demonstrators in front of his hotel. See Geoffrey C. Ward, The Most Durable

Assassination Theory: Oswald Did It Alone, N.Y. Times, Nov. 21, 1993, 7, at 15,

available in LEXIS, News Library, Nyt File (describing the reactiods Posner

received from his book).

- - -End FoOtnotes-

The general assumptions the Board holde about what happened inform how it

assesses the value of a particular document to the public. If the Board assumes

that Oswald murdered the President, and consequently looks only for information

that speaks to his role, it is likely, on national security grounde, to postpone

certain kinds of information. If the Board assumes that the murder was a

conspiracy, then much of what seems irrelevant to the Oswald explanation may

actually have great currency, n202 The intelligence agencies rely on the

[*35)

[*36)

a ron, a ay. to the Ending of to ta en

Commission, n204 a body that in some ways they attempted to deceive. Perhaps

there is no better evidence of the CIA's attitude than its effort to away public

opinion abroad in the wake of the release of the Warren Commission Report. n205

As Exhibit Nine makes clear, the CIA used its substantial resources to just that

end. n206

1. -

- - - -Footnotes- -

-..

-.-

1202. The Board adopted a broad definition of an "assassination record" with

just such issues in mind. See 36 C.F.R. pt. 1400 (1995). The pertinent sections

dealing with the scope for interpreting the JFK statute read as follows:

1400.1 Scope of assassination record.

(a) An assassination record includes. but is not limited to, all records,

public and private, regardless of how labeled or identified, that document.

describe, report on, analyze or interpret activities, persons, or evenco

reasonably related to the assassination of President John F. Kennedy and

investigations of or inquiries into the assageination.

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(b) An assassination record further includes, without limitation:

(1) All records as defined in Section 3(2) of the JFK Act:

(2) A11 records collected by or segregated by all Federal, state, and local

government agencies in conjunction with any investigation or analysis of or

inquiry into the assassination of President Kennedy (for example. any

Intra-agency investigation or analysis of or inquiry into the assassination; any

interagency communication regarding the assassination; any request by the House

Select Conmittee on Assassinations to collect documents and other materials; or

any inter- or intra-agency collection or segregation of documents and other

materials) ;

(3) Other records or groups of records listed in the Notice of Assassination

Record Designation, as described in 1400.8 of this chapter.

1400.2 Scope of additional records and information.

The term additional records and information includes:

(a) All documents used by government offices and agencies during their

declassification review of assassination records as well as all other documento,

indices, and other material (including but not limited to those that discloge

cryptonyms, code names, of other identifiers that appear in assassination

recorde) that the Assassination Records Review Board (Review Board) has a

reasonable basis to believe may constitute an assassination record or would

assist in the identification, evaluation or interpretation of an assassination

record. The review Board will identify in writing those records and other

materials it intends to seek under this section.

(b) All training manuals, instructional materials, and guidelines created or

used by the agencies in furtherance of their review of assassination records.

(c) All records, lists, and documents describing the procedure by which the

agencies idencified or selected assassination records for review.

(d) Organizational charts of government agencies.

(e) Records necessary and sufficient to describe the agency's:

(1) Records policies and schedules;

(2) Filing systems and organization;

(3) Storage facilities and locations;

(4) Indexing symbols, marks, codes, instructions, guidelines, methode, and

procedures;

(5) Search methods and procedures used in the performance of the agencies'

duties under the JFK Act; and

(6) Reclassification to a higher level, transfer, destruction, or other

information (e.g., theft) regarding the status of assassination records.

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(f) Any other record that does not fall within the scope of assassination

record as described in 1400.1, but which has the potential to enhance, enrich,

and broaden the historical record of the assassination.

1400.3 Sources of assassination recorde and additional records and

information.

Assassination records and additional records and information may be locared

at, or under the control of, without limitation:

(a) Agencies, offices, and entities of the executing, legislative, and

judicial branches of the Federal Government:

(D) Agencies, offices, and entities of the executive, legislative, and

judicial branches of state and local governments;

(c) Record repositories and archives of. Federal, state, and local

governments, including presidential libraries;

(d) Record repositories and archives of universities, libraries, historical

gocieties, and other similar organizations;

(e) Individuals who possess such records by virtue of service with a

government agency, office, or entity;

(f) Persons, including individuals and corporations,

who have obtained such

records from sources identified in paragraphs (a) through (e) of this section;

(g) Persons, including individuals and corporations, who have themselves

created or have obtained such records from sources other than those identified

in paragraphs (a) through (e) of this section;

(h) Federal, state, and local courts where such records are being held under

geal; or

(i) Foreign governments.

1400.4 Types of materials included in scope of assassination record and

additional records and information.

The term record in assassination record and additional records and

information includes, for purposes of interpreting and implementing the JFK Act:

(a) papers, maps, and other documentary material;

(b) photographs;

(e) motion pictures,

(d) sound and video recordings;

(e) machine readable information in any form; and

(f) artifacts.

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n203. See Exhibit. Nine infra p. 54 (contending that "oswald would not have

been any sensible person's choice for a co-conspirator').

n204. See id. (advising that in discussing assassination with "politicians

and editors, " CIA personnel point out that the Warren Commission "made

as

thorough an investigation as humanly possible").

n205. See id..

n206. See id. (noting that the American public's belief chat swald did not

act alone "is a matter of concern to the U.S. Government, including (the CIA]").

- -End FoOtnOLes-

There is considerable irony in the CIA'a position, both then and now. Much

of the speculation about the murder of President Kennedy has centered on the:

role of that agency, n207 The only vay to sustain its innocence in this matrey

may well be to fully disclose the evidence, including selected sources and

methods, that will reveal conclusively that neither it nor some foreign power

was behind the murder.

-Footnotes-

n207. See, e.g., Prouty, supra note 29 (reviewing the history of troubled

relations between the CIA and President Kennedy); Alan J. Weberman & Michael

Canfield, Coup D'etat in America, The CIA and the Assassination of John F.

Kennedy (1992) (asking whether Lee Harvey Oswald was a CIA agent) : JFK, supra

note. 9.

-End Footnotes.

Conclusion

The American public should not rely on che JFK board to settle the question of

what happened in Dallas and why. That is not the

[*37)

Board's mandate. n208

The Board is not charged with answering the question of who murdered President

or put contro

idea chat openness is to be preferred and that accountability is the touchstone

for public confidence in government. 1209 :

-Footnotes-

п208.

See 44 U.S. C. 2107(2) (b) (1994) identifying the purpose of the JEK Act

as establishing the President John F. Kennedy Assassination Records Collection

of the National Archives and Records Administration and requiring "the

(assassination) records").

n209. See supra note 14.

- -End FootnoLea-

We are reminded almost daily by the press and media spokespersons chat che

maintenance of secrets is bad; that openness is good, and that accountability

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in all public matters is highly desirable. n210 full disclosure is to be

preferred over partial; the full truth is better than something less, and the

more we know about what government has done, is doing, and plans to do, the more

secure we will be in our liberties. Yet, the intelligence community charged with

making the case for secrecy often does so as a matter of routine rooted in

tradition. n211 Secrecy in a democracy deserves better; it cannot be an end in

itself, and it certainly cannot be justified simply to obscure the intelligence

services that generate much of it in the first place. Such an approach is

ultimately self-defeating, both for the intelligence community and for the

government it serves.

- -Footnotes-

n210. See, e.g., Weiner, supra note 140 (discussing the CIA's slow release of

its files on the most important covert actiong of the Cold War). The argument in

support of openness and accountability in government is advanced carefully by

Norman Dorsen & Stephen Gillers, None of Your Business: Government Secrecy

America (1974) .

n211. See Wald, supra note 128 (observing that, at the Department of Energy,

"ideas are "classified at birth,' or presumed secret until proved otherwise");

see also supra notes 124-134 and accompanying text.

- - -End Footnotes-

George Bernard Shaw was correct when he argued: "There are no secrets better

kept than the secrets that everybody guesses." n212 Shaw's words surely describe

the approach of the intelligence agencies to the Kennedy assassination. In the

absence of disclosure, the public, goaded by a news-hungry press and an activist

research community, will be left to speculate in sensational ways about the

assassination. Such speculation will continue to have predictably corrosive

consequences.

-Footnotes-

• -

1212. Christopher Morley & Louella D. Everett, Familiar Quotationg: A

Collection of Passages, Phrases and Proverbs, Iraced to Their Sources in Ancient

and Modern Literature by John Bartlett 720 (12th ed. 1948) (quoting George

Bernard Shaw).

-End Footnotes-

• =

We should all be stunned that, with countless documents still hidden in

government filing cabinets, researchers, newspaper reporteis,

[*38]

columnists, and movie and TV producers have managed to convey a broadly held

view that the Warren Commission failed and that the government knows more than

it is telling. n213 we should stand in ave of their capacity to explain the

assassination in such breathtaking terms when so much still remains under lock

and key. By breaking confidences wich former informants and disclosing

clandestine CIA and FBI operacions, a fuller record will put to the test the

most sinister of all conspiracy theories: that the President was murdered by his

own government. Such a matter cannot be left to chance explanation because it

eats away at the foundation of public confidence in government, which neither

well-intentioned secrecy nor covert operations can restore.

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-Footnotes-

n213. See

supra notes 6-10 and accompanying text.

- -End Footnotes-

What Americans require is a greater sense that they can trust their

government to protect the secrets that are genuinely important. The government's

persistent inability to distinguish between what is vital and what is not n214

lies at the heart of che debate about opennese and secrecy in government, the

historical verdict on the Kennedy assassination, and the legitimacy of our

intelligence services in an admittedly dangerous world.

-Footnotes-

See wald, supra note 128 (noting that the Department of Energy is.

spending § 3 million on a computer program that will make an initial assessment

regarding possible disclosure of 100 million pages of documents ta reduce the

number of secret documents to a manageable quantity for further human

assessment):

- -End FOOtnOTES-

Americans have been left guessing about the Kennedy assassination since the

Warren Commission issued Its report. When everything is secret, everything is

secret - and that is how the intelligence business operates. n215 In the case of

the Kennedy murder, however, that strategy has taken a heavy toll. Our task is

to accept on a principled basis the importance of secrets in a democracy and to

protect what is truly valuable and in the public interest to keep secret. only

then will it be possible to assess whether charges of a conspiracy to murder

President Kennedy are but another example of the virulence of the national

appetite for bogus revelation.

(SEE EXHIBITS IN ORIGINALI

• -Footnotes-

n215. See generally Marchetti & Marke, supra note 72, at 370. (concluding that

secrecy has become a "way of life" for U.S. intelligence operations).

-End FOOENOLES-

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IN THIS DOCUMENT

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Segregated Collections

April 23, 1997

7, including this cover sheet.

Today the Board adopted the attached guidelines.

From the desk of...

T. Jeremy Gunn

General Counsel

Assassination Recorde Revlow Board

600 E Street, N.W.

Washington, D.G. 20530

(202) 724-0086

Fax: (202) 724-0457

---

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CAt: NO OBJECTION TO

CATION AND/OR

ReLEAtE CI INFORMATION

IN THIS DOCUMENT

Assassination Records Review Board

Guidelines for Review of Postponements in the Segregated Collections

Adopted: April 23, 1997

Background

In order to ensure that the Review Board will be able to complete its task of reviewing

all identified assassination records, the Board recently took two significant steps.'

. First,

on November 13, 1996, it adopted guidelines with respect to reviewing "Segregated

Collections" with regard to information that is "not believed relevant" (NBR) to the

assassination. Second, in February 1997, the Review Board requested Congress to

extend its tenure for one additional year.

It is the Review Board's judgment that, even with the assumption that our operations

may be extended through Fiscal Year 1998, the Review Board cannot hope to complete

review of postponements in the Segregated Collections under the current method of

review. In particular, a reasonable modification of current postponement standards

would greatly expedite and facilitate the release of additional information and records.

Otherwise, the Review Board might cease operations without having reviewed claimed

postponements in tens of thousands of pages of FBI and CIA records.

Postponement Criteria for the Segregated Collections

In a further effort to enhance the Review Board's work, the Review Board now issues

these revised guidelines for the review of records in the Segregated Collections.'

(These guidelines do not affect the FBl's Core and Related Files or the ClA's 201 file on

Oswald.) The four principal factors that underlie these review guidelines are: first,

continuing, to the greatest reasonable extent, the Review Board's established

guidelines for postponements that have emerged over the past two years; second,

establishing guidelines consistent with the Review Board's decision regarding NBR

records; third, establishing reasonable and workable guidelines that will enable the

'The regulations adopted by the Board on November 13, 1996, define

"Segregated Collections" as including first, FBI records that were requested by: (a) the

House Select Committee on Assassinations ("HSCA") in conjunction with its

investigation into the Kennedy assassination; (b) the Church Committee in conjunction

with its inquiry into issues related to the Kennedy assassination; and (c) by other bodies

(e.g., Pike Committee, Abzug Committee, etc.) that relate to the Kennedy

assassination; and second, CIA records including (a) the ClA's Sequestered Collection

of 63 boxes as well as one box of microfilm records and the microfilm records (box 64),

and (b) several boxes.of CIA staff "working files."

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Review Board, the ARRB staff, the CIA, and the FBI to complete the significant arount

of work that remains; and finally, to provide reasonably consistent standards for the

review of postponements that would apply equally to CIA and FBI records.

The following are, in summary form, guidelines for reviewing postponements in the

Segregated Collections.]

CIA Source and FBI Informant and National Security Asset Postponements

There are, of course, similarities and differences between FBI informants and CiA

sources: Like FBI informants and national security assets, CIA sources may or may not

be paid for the information that they provide and they may or may not be providers of

information over the long-term. When providing information to the Bureau, FBI

informants generally are understood to be cooperating with law enforcement officials for

a legal and legitimate purpose. It is often the case, although not always, that FBI

informants understand that at some point their name might surface in conjunction with a

criminal prosecution and that they may need to testify in court. Foreign CIA sources

and FBI national security assets, however, are not necessarly deemed to be

cooperating with law enforcement officials but may, in fact, be committing the crime of

espionage against their native country by cooperating with US authorities. Furthermore,

unlike FBI informants, CIA sources and FBI national security assets presume that their

names will not be released publicly and they certainly presume (in the ordinary course)

that their identities will not surface in criminal trials. As a practical matter, it is generally

much easier today for the FBI to locate a tormer informant who resides in the United

States than it is for the CIA and FBI to locate former sources and national security

assets.

Despite these differences - differences which would generally suggest a greater

degree of protection being owed to CIA sources and FBI national security assets - the

issues in terms of postponements are fundamentally similar.

"The existing "NBR" guidelines allow the Review Board to remove from detailed

consideration those records or files that truly have no apparent relevance to the

assassination. Nevertheless, a significant number of files in the Segregated Collections

contain records that shed some light on issues that the HSCA explored as potentially

relevant to the assassination of President Kennedy. The following criteria would apply

to all records in the Segregated Collections, including records containing some NBR

redactions.

---

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* 004

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CIA Sources

The Review Board established guidelines, during its December 1996 meeting, for

handling CIA source issues and applied those guidelines at the January 1997 meeting.

These guidelines directed the protection of names and identiiying information of ClAs

sources in cases where the identity of the source is of low public interest or is peripheral

to the JFK assassination. The Board's decision was based on two factors: the concern

that since CIA sources generally live outside the United States, they could risk haim if

their identities were revealed. Moreover, many of the sources referenced in ClA

records appear infrequently and are of relatively low public interest. Therefore, In

records where the identity of the source is of importance for understanding the

assassination, the CIA will be required to provide aditional evidence to support the

protection of the source's identity." In cases where the identify of the source is

peripheral to the assassination story, the information will be postponed until 2017.

FBI Nat/onal Security Assets

FBI national security assets should be treated in the same manner as CIA sources.

FBI Informants

Informant issues represent the largest category of postponements in the FBI's

Segregated Collection, as they do in the "core" FBI assassination files. They also

provide the greatest opportunity for streamlining the review process. Currently, there

are ten members of the Bureau's JFK Task Force who are responsible for researching

individual informants in response to evidence requests from the Review Board." They

retrieve and review the informants' files and attempt, through DMV, Social Security, and

other database searches, to determine if the informant is alive. Under current Review

Board standards for "core" files, this work is necessary to provide evidence to support

redacting the informant's name, regardless of whether the informant provided

information. Removing the requirement of proving whether informants are alive in the

Segregated Collections would free up significant resources that could be deployed to

reviewing unprocessed HSCA subject files.

The new approach to HSCA subjects is to protect informant-identifying information,

3An example would be the case of John Scelso (pseud.). The Board found that

his identity is relevant to the assassination story and CIA offered evidence of a

continuing need to protect the identity. In this case, "Scelso" documents would

continue to be scheduled for release in five years.

"Six work full-time on informant evidence, four devote about half their time to

informant evidence.

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₫ 005

-4-

without requiring the Bureau to make a showing that the informant is alive. This

protection would extend to individuals characterized as symbol-number informants,

"PSis," "PCls," "established sources," "panel sources," and the like - designations that

Indicate an ongoing relationship with the FBi. It would not extend to individuals who

requested that their identity be protected in an isolated contact with the FBl or to local

and state law enforcement officers.

The "informant-identifying information" to be protected would include the customary

(i.e., informant-specific) portions of informant symbol numbers and file numbers;

informant names, and - at least potentially - descriptions of, and information received

from, the informant. How much, if any, of the latter type of information should be

redacted would be the principal focus of staff-level discussions with the FBI. The staff's

principal goal in this process, with regard to each inforrant, would be to release as

much information that is relevant to understanding the assassination as possible. In

discussions with the FBl, the staff would be prepared, if necessary, to concede

redaction of informant-identifying information that is unrelated to the assassination in

order to ensure that more pertinent information is released.

The presumption will be that an informant's identity will be released if the informant

provides "positive" information about an assassination-related issue. To overcome this

presumption of release for informants with "positive" information, the FBI would need to

make a particularized showing that the identifying information should not be released.

To the extent that an informant's identity is protected, it will be postponed until 2017.

CIA Employee Name Postponements

Over the past year the ClA has addressed the employee name issue and has released

some names that it had previously asked the Board to postpone. But during that time

the list of names has grown to a size that had not been imagined at the time the work

began. To date, the Review Board staff has identified in the JFK Collection over 650

names of CIA employees. These names appear in more than 1000 documents already

reviewed by the Board and numerous additional records that have not yet been

processed. While some of these employee names are important to the assassination

story, many appear only a few times in the entire JFK Collection and seem to add little,

if any, important information.

Sin HSCA subjects, there typically will not be information about Ruby, Oswald or

the assassination itself. However, in a file on, for example, Sam Giancana, there may

be informant reports on Giancana's support of anti-Castro activities, and reports from

the same informant on day-to-day numbers operations in the Chicago area. The staff

would set a higher priority on release of the former reports than on the latter.

---

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CIA's argument to protect employee names emphasizes a number of points. First;

since many employees are "under cover," the maintenance of that cover is critical to

gathering intelligence. CIA argues that identification of a name can identily the cover

provider and jeopardize operations. Second, althöugh the majority of names are of

retired CIA employees, CIA has a confidentiality agreement with them and many do not

want their past Agency affiliation released. The argument here is that release may

jeopardize business relationships or personal safety. Such arguments have already

been presented to the Board. Their merit can only be determined on a case-by-case

basis. However, due to the volume of names in the JFK Collection, the individual

review and evaluation of each case would delay significantly the review of documents

and ultimately lead to less total information becoming available to the public.

CIA has proposed, and the Review Board agrees, that ClA employee names be treated

in a manner similar to that applied to Source names: to postpone until 2017 those

employee names that are of low public interest or are of peripheral interest to the

assassination. It will be presumed that employee names will be released if their

identities are important to the assassination story unless the CIA is able to provide

specific information of a potential harm of release. (CIA acknowledges the presumption

of release unless specific evidence is provided to the Review Board that harm to

national security or to personal safety would result from the release of the employee

name.)

FBI "Foreign Counterintelligence" Postponements

It is presumed that the FBI will, at least partially, carry over its post-appeal standards for

disclosing "FCI" activities targeting Communist-bloc nations. To the extent that the

HSCA subjects reflect "FCI" activities against other nations that have not been

addressed by the Review Board in the "core" files, the FBI will be allowed to redact

direct discussion of such activities, unless the information in the proposed redaction

meaningfully contributes to the understanding of the assassination.

FBI and CIA Foreign Liaison Postponements

The criteria for these postponements would not, in the abstract, depart significantly from

the Review Board's current approach of releasing information received through liaison

channeis, while protecting direct acknowledgment of the source of the information. In

practice, however, the staff would be more flexible in protecting text that implies,

although may not unambiguously state, that a foreign government is the source of

particular information. Nevertheless, the more significant the information is to any

assassination-related issue, the more information would be released under these

guidelines.

---

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CIA Stations and Other Issues

Over the past two years the Review Board has established other guidelines that will

continue to guide the review process, some of which will be outlined here. For CIA

stations, all locations related to the Mexico City story will be released during the period

1960-69. Outside of that window, they will be released on a case-by-case basis should

the identity of the station be critical to understanding the assassination. Other stations,

except for those identified as particularly sensitive, will be released from the beginning

of the Kennedy administration until the publication of the Warren Commission report,

(i.e., January 1, 1961 to October 1, 1964). Outside of these windows, stations will be

postponed. Cable prefixes, dispatch prefixes, and field report prefixes would be

postponed or released according to the same windows as the stations to which they

refer. CIA job titles also are redacted or opened along with the station at which the

officer served.

Crypts would be released along lines similar to other information. All "LI" crypts, except

those considered particularly sensitive would be released through October 1, 1964, as

are "AM" crypts and U.S. govemment crypts. In other areas, only the digraph is

protected. Again, the exception is sensitive crypts, which would be protected in their

entirety. After October 1, 1964, the presumption shifts towards protection of the crypts,

except those that provide meaningful information about the assassination story. (For

example, crypts pertinent to Garrison-era documents would likely carry the same

presumption of release as those generated during the Warren Commission.)

Surveillance methods will be released if the nature of the surveillance has a material

bearing on information related to the assassination unless CIA provides evidence

demonstrating the political or operational sensitivity, in which case the information will

be released in 2017.

e:larrblregsleview.wpd

---

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CIA HAS NO OBJECTION TO

DECLACSIFICATION AND/OR

RELEASE OF CIA INFORMATIC •

MEMORANDUM

IN THIS DOCUMENT

September 16, 1997

To:

Review Boar

From:

Subject:

I. Jeremy Gw

Proposed ARRB Timetable for

Review of CLA Records

• I. Background

The CIA Team has developed a preliminary timetable that we hope will provide a

reasonable framework for completing our review of CIA's assassination records by

August 1, 1998.' We are creating this timetable for three purposes:

First, to establish our own working target dates to measure Review Board progress

against the mandatory deadline established by the JFK Act.

Second, to provide CIA with our best assessment of the order and scope of our review.

so that it can make its own internal judgments on the proper allocation of its resources.

We provided ClA prior drafts of this memo and solicited its specific advice and

suggestions for better ways to accomplish our goals. [We have not asked CIA to

"agree" to these deadlines, but we have encouraged it to provide alternative

suggestions on how best to meet the August 1 deadline.]

Third, to solicit the Review Board's advice regarding "enforcement" of these (or other)

targets. Although we surely hope that both the ARRB staff and CIA will be able to meet

the targets, and although we certainly plan to make all reasonable accommodations for

problems that no doubt will arise, we nevertheless anticipate that it is possible that CIA

might not be able to keep to these timetables. Thus, we anticipate that there may well

be times when blocks of records scheduled for Board review will not have been fully

processed by CIA. It is our judgment that, in keeping with our commitment to

Congress and to the goals of the JFK Act, we may need to have the Board act on groups

of records for which CIA has not completed its initial review. At the risk of over-

repetition, the ARRB staff seeks to be as reasonable and accommodating as it can on

timetables, provided that any proposed changes are consistent with our obligation to

complete the task. We realize that this review may have resource allocation

*By establishing this target date, we will provide ourselves with a two-month

cushion to handle possible appeals and miscellaneous issues that doubtless will arise.

---

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consequences for ClA and we expect to refine this timetable both to minimize the

resource impact and to allow us and the CIA to proceed most efficiently with the

review. We also take very serlously our commitnent to Congress to complete our work

on schedule. Is the Board prepared to make decisions on records if CIA has not

completed its review and to enforce those decisions?

I. Issues applying to all CIA record groups

Records to be opened-in-full

During the course of CIA's review, it frequently identifies records that, is it

is prepared to open in full without Board action. Althöugh there is a

benefit in promptly forwarding such records to NARA, it is less expensive

for CIA to process these records during the summer months.

Accordingly, we are prepared to agree with CLA that it may delay.

processing such records, provided that all such processing of open-in-full

• records will be completed by August 30, 1998.

Duplicates

CIA will continue to identify duplicates and may process them after all

other documents have been reviewed and transferred to NARA. If the

ARRB is shown that any given record is a duplicate, CIA need not

complete the processing before September 30, 1998.

IlL. CIA Record Groups

A. Oswald 201 File (17 boxes)

-current status:

review completed (with a few minor exceptions)

B. CLA Sequestered Collection

1. "The 63 boxes"

- current status:

The ARRB staff has completed a survey of the 63 boxes (on the

folder level) and has assigned each folder a relevance priority on a

1 to 4 scale. CIA has completed its declassification review of

roughly 66% of the priority 1 folders.

The ARRB Staff has completed its own review of approximately

50% of the priority 1 records and those records have been (or

shortly will) be voted on by the Board.

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- target dates:

Completion of final review of 63 boxes by January 31, 1998.

- time line:

9/30/97

10/31/97

11/30/97

12/31/97:

1/31/98

box 40 (priority 1)

box 48 (priority 1)

box 56 (priority 1)

box 6s (priority l)

all priority 2,3 and 4

2. HSCA Staff notes (originally interfiled in the 63 boxes)

-status:

Record Identification Forms prepared for all documents. CLA

review is 80% complete. ARRB staff completes its review shortly

after receiving records froin CIA.

- target dates:

Complete Board voting by November 18, 1997.

3. Microfilm (72 boxes)

-current status:

CIA identified approximately 33% of these records as NBR. ARR

staff has reviewed all CIA NBR designations, and has identified

additional records that should be reviewed by the Board.

The ARRB Staff will discuss with the CIA the preparation of Record

Identification Forms (RIFs or "IDEN aids" in CIA terminology) and

develop a plan that will best facilitate review.?

- target dates:

CIA begins review by November 1, 1997 and completes review bỳ

July 1, 1998.

Complete Board determinations by July 31, 1998.

The ARRB staff has no objection to the records being identified entirely on the

folder level provided that all records in the folder are open-in-full. If there are records

in which the CIA is requesting redactions, those records must be identified

individually. The remainder of open-in-full records may still be identified with one RIF

as being the contents of the same folder.

---

## Page 158

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0O16797 10 42.06 11

202:

0457

* ARRB

0005

- 4 -

- tentative time line:

11/30/97

12/31/97

1/31/98

2/28/98

3/31/98

4/30/98

5/31/98

6/30/98

boxes 1-6

boxes 7-13

boxes 14-19

boxes 20-25

boxes 26-31 & 41-15

(Boxes 32-43 contain LHO's 201 file, which, will

be treated as a special case.)

boxes 46-51

boxes 52-62

boxes 63-72

4.. Microfilm copy of Oswald 201 (approximately 12 boxes)

- issue:

The vast majority (if riot all) Oswald Microfilm records are

duplicates of records the Board has already reviewed under the JFK

Act. To the extent that the records previously have been reviewed,

there is little value in re-reviewing the records. The ARRB staff will

survey the Microfilm 201 in an effort to identify any additional

records that have not already been acted upon by the Board. All

records not previously acted upon by the Board will be so

designated, a RIF will be prepared, and they will be sent for Board

action. The remaining Microfilm 201 will be transferred to the JFK

Collection at NARA and operied in full in 2017.

- status:

Staff has completed its initial survey and has thus far identified no

records in the 201 Microfilm that are not already in the JFK

Collection.

• 5.22.$9

C. "Working Files" (including "Russ Holmes" papers, etc.)

-status:

No Record Identification Forms have been prepared. ARRB staff

has conducted a general survey.

- target dates:

Work to commence by CIA on October 1, 1997. CIA should

prepare Record Identification Forms for all records by January 1,

1998. Completion of review and Board determinations by March

31, 1998.

---

## Page 159

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S ARRB

- 5 -

-Strategy:

The "working files" is a group of records that was assembled at

CIA by Russ Holes. Although he was not asked formally by CLA

to create this separate records group, he did so in order to facilitate.

his work and, perhaps, to satisfy his own curiosity. The group

contains many original records (copies of some of which are

already in the collection) and it includes some records of which we

are aware of no other copies. It is the best-organized collection of

assassination records held by CIA. Its value as a reference tool is

greatest as a collection. Therefore, though the file contains many

duplicates of records found in the JFK collection, the ARRB staff

recommends that it be preserved as a single group. Duplicates and

open-in-full documents should be treated in the same manner as

they are in the rest of the JFK Collection. As, with the microflm

from the Sequestered Collection, the ARRB staff has no objection to

the records being identified on the folder level provided that all

records in the folder are open-in-full. If there are records in which

CIA is requesting redactions, those records must be identified

individually. The remainder of open in full records may still be

identified with one RIF as being the contents of the same folder.

D. Additional Records

-status:

Research, requests, and negotiations continue to identify and

include additional CIA records for the JFK collection.

Oswald Office of Security File. As a result of an ARKB staff request

for additional information and records,. CIA located portions of a

previously undisclosed Office of Security file on Lee Harvey

Oswald. This seven-volume file, of which six parts have been

located, contains two volumes of press clippings, third agency

material on Oswald, a copy of Oswald's address book, and Marina

Oswald's INS file. In the upcoming months CIA will begin to

review and process these materials.

- time line:

Completion by July 31, 1998.

- strategy:

Continue current efforts.

---

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- б -

E. Referrals

1. HSCA referrals (Numbered files, Security Classified Testimony, etc.)

- status:

most of these records have been reviewed. The database suggests

that a percentage of them has slipped through the cracks.

-target domplete Congressional recond to be reviewed by March 31, 199%.

- strategy:

Continue to clarify the status of records. Review any remaining

records.

2. Other referrals (FBI, Church Committee, LB] Library, JFK Library, etc.)

- Status and strategy:

Records will be coordinated and reviewed on a case by case basis.

TJG e:\.. \cia \timetabl.wpd

4.20.7

---

## Page 161

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12 July 1996

Vasit for 22 July 1996: 10:00 a.m.

Presidential JEK Assassination Records Review Board

Date of Birth

SSN

David George Marwell

Executive Director

Michelle Marie Seguin

Robert John Skwirot

Manuel Espiritu Legaspi

Mary Sperling McAuliffe.

Christopher Meade Barger

Thomas Jeremy Gunn

Legal Counsel

12/31/51

080-38-7009

1/12/69

7/28/56

8/04/68

9/25/43

6/25/68

8/25/52

376-88-5236

209-50-4324

568-53-8907

366-44-4357

469-98-3261

529-74-8907

---

## Page 162

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SECRET

15 May 1995

FOR:

David Marwell

Executive Director, ARR

FROM:

John Pereira

CIA/Historical Review Group

SUBJECT: Mexico City/Sensitive Information

The Directorate of Operations prepared the attached

statement to assist the Assassination Records Review Board.

statement explains the sensitivity of the records

related to telephone tap operations in Mexico City. This

may help provide a perspective for further discussions on

the subject.

In terrian

John Pereira

Attachment

SEERET

---

## Page 163

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SECRET

SUBJECT: Release of Information on Mexico City Teltaps

Protection of sources and methods and liaison equities

require that references to the Mexico City Station

teltap

activity be excised from any documents released under the

auspices of the JEK Assassination Record Collection Act of 1992.

While the teltap activity mentioned in the documents under review

occurred some thirty plus years ago, the joint teltap operation

with Mexican liaison has never been terminated; it continues to

this day in a slightly different form.

2. Release of any information that would constitute

official USG acknowledgment of the existence of the joint teltap

operation would have a serious adverse impact on current

operations.

Relations between the Station and the liaison)

service would be affected, with the likely outcome of

discouraging liaison from cooperating in similar ventures in the

future with Mexico City Station.

Official acknowledgment of the

existence of the joint teltap in the 1960's would embarrass the ?

(liaison service given Mexico's strong brand of nationalism

and

sensitivity towards the issue of sovereignty vis a vis the United

States.

(The service probably would terminate its cooperation)

with the Station on the current joint teltap operation in order

to be able to defend itself against domestic critics.

SSCRET

---

## Page 164

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CIA HAS NO CPIECTION TO

DECLASSIFICATION AND/OR

RELERSE OF CIA INFORMATION,

IN THIS DOCUMENT

OFFICE PHONE LIST

Ahmed, Sarah

Combs, Michelle

Denk, Laura

DiFrisco, Jessica

Fagnant, Marie

Fletcher, Carrie

Goslee, Jim

Gunn, Jeremy

Haron, Ron

Horne, Doug

Legaspi, Manuel

Marr, Irene

Mays, Christina

Olson, Jerrie

Reddy, Sydney

Rhodes, Chet

Rockwell, Benjamin

Rodriguez, Cathy

Samoluk, Tom

Shycoff, Tracy

Skwirot, Robert

Spells, Janice

Sullivan, Eileen

Tiernan, Kevin

Voth, Peter

Zimmerman, Joan

Kitchen

Board Room

SCIF

Guest Phone

Juelich, Rochelle (Intern)

260*

262

265

258

230

;247

259

226/267

239

245

261

243

255

254

246

240

242

238

227 V-mail

233

268

221

253

264

256

263

223

236

241

225

224

---

## Page 165

13-00000

: ARRB

staff.

Barger, Christopher Meade

Combs, Kathryn Michelle

Golrick, Philip David

Gunn, Thomas Jeremy

Legaspi, Manuel Espiritu

Marr, Irene Frances

Marwell, David George

• Rosen, Brian Eliot

Skwirot, Robert John

Trzaska-Sails, Valerie Marie

469-98-3261

1229-13-8465

≤225-21-0020

529-74-8907

568-53-8907

013-54-5987

080-38-7009

473-58-1973

==

í :

: 209-50-4324

589-40-1874

---

## Page 166

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Horne

Military Team Loader

Goslee

•Assassination Records Revlaw Board Statt

Oclober 1, 1997

Gunn

Executive Director

Sam oluk

Deputy Director

Shycoll

Associate Director

Administration

Haron

Associate

General Counsel

AdmInistration

Rhodes,

Olson, Rodriguez,

Mays, Spells

Presidentlal Libraries

NARA

Herd

Senlor Allorney.

(pending)

Sullivan

Press and Public

Aflairs Ollicor

Combs

Special Assistant

Research and Reviow

NSA

Logaspi

Stalo

Marr

Skwirot

CIA Coordinalor

USSS

Zimmerman

Senlor Analyst.

W CIHSCA

Zimmörman

Senlor Analyst

DIFrisco, Legaspl,.

Marr, Rockwell;

Voth

Donk

FBI Team Leader

¿Tieman

Senlor Analyst

Ahmed, Fagnant,

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SSASSING

REVIEW

BOARD

Assassination Records Review Board

600 E Street NW • 2nd Floor • Washington, DC 20530

(202) 724-0088 • Fax: (202) 724-0457

PETAGNO CRISCTION TO

SM AND/OR

Muac/A2 OF CIA:NFORMATION

IN THIS DOCUMENT

THE ASSASSINATION RECORDS

REVIEW BOARD

"All Government records concerning the assassination of President John F. Kennedy

should carry a presumption of immediate disclosure."

The President John F. Kennedy Assassination Records Collection Act of 1992

Public Law 102-526, October 26, 1992

Introduction to the Assassination Records Review Board

The Assassination Records Review Board is an independent federal agency created to oversee the

identification and release of records related to the assassination of President John F. Kennedy.

The Review Board was established by The President John F. Kennedy Assassination Records

Collection Act of 1992 (PL 102-526), and was signed into law by President George Bush. The

five members of the Board were appointed by President Clinton, confirmed by the United States

Senate, and sworn in on April 11, 1994.

The law gives the Assassination Records Review Board the mandate and the authority to

identify, secure, and make available all records related to the assassination of President Kennedy.

The Board has until September 30, 1998 to fulfill its mandate.

The Review Board Members

The Review Board consists of the following members:

1. The Honorable John R. Tunheim, Chair; United States District Court Judge, District of

Minnesota.

2. Dr. Henry F. Graff; Professor Emeritus of History at Columbia University.

3. Dr. Kermit L. Hall; Dean, College of Humanities, and Professor

of History and Law at The Ohio State University.

4. Dr. William L. Joyce; Associate University Librarian

for Rare Books and Special Collections at Princeton University.

5. Dr. Anna K. Nelson; Distinguished Adjunct Historian in Residence at The American

University.

BOARD MEMBERS: JOhn R.

Tunheim, Chair • Henry F. Graff - Kermit L. Hall - William L. Joyce • Anna K. Nelson

EXECUTIVE DIRECTOR: David G. Marwell

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The Law

The President John F. Kennedy Assassination Records Collection Act was enacted by the

Congress and signed into law by President George Bush on October 26, 1992. The law states

"All Government records concerning the assassination of President John F. Kennedy should carry

a presumption of immediate disclosure."

The law mandates that all assassination-related materials be housed in a single collection in the

National Archives and Records Administration (NARA).

The Act defines five categories of information for which disclosure may be postponed, including

national security, intelligence gathering, and privacy -- provided there is "clear and convincing

evidence" of some harm which outweighs public disclosure.

The law requires all federal agencies to make an initial assessment of whether they possess

records relating to the assassination. The agencies themselves will conduct an initial review to

determine whether their records may be disclosed immediately or whether disclosure should be

postponed. The agencies must then give all records that are not disclosed to the Review Board.

The Review Board will then evaluate all agency decisions to postpone the release of records.

Once the Board completes its review of an agency's recommendation for postponement, all

records, including those that have a postponed release date, will be transferred to NARA. The

Act requires that all assassination records must be opened by 2017, with the exception of records

certified for continued postponement by the President.

Authority of the Assassination Records Review Board

The Senate report of The President John F. Kennedy Assassination Records Collection Act of

1992 stated that " the underlying principles guiding the legislation are independence, public

confidence, efficiency and cost effectiveness." In order to achieve these objectives, the Act gave

the Board the specific powers to:

* direct government offices to provide identification aids and organize assassination records;

* direct government offices to transmit assassination records to the National Archives;

* obtain assassination records that have been identified and organized by a Government office;

* direct government offices to investigate the facts, additional information, records, or testimony

from individuals which the Board has reason to believe is required;

* request the Attorney General to subpoena private persons to compel testimony, records, and

other relevant information;

* require any Government office to account in writing for the destruction of any records relating

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to the assassination of President Kennedy;

* receive information from the public regarding the identification and public disclosure of

assassination records; and

* hold hearings, administer oaths, and subpoena witnesses and documents.

Background and Need for the Law

On November 22, 1963, President John F. Kennedy was assassinated while traveling in a

motorcade in Dallas, Texas. His tragic death, and the subsequent murder of Lee Harvey Oswald,

the President's alleged assassin, led to the creation of The Warren Commission, seven days after

the assassination.

Amid continuing public doubts that all of the facts surrounding the assassination had not come to

light, the House of Representatives established the House Select Committee on Assassinations in

1976 to reopen the investigation.

In addition to these two major federal investigations devoted to the investigation of the

assassination of President Kennedy, three other federal investigatory bodies have dealt with the

assassination to some degree. President Ford created The Rockefeller Commission in 1975 to

investigate Central Intelligence Agency activities within the United States. Part of the

Commission's efforts related to the Kennedy assassination. Also in 1975, Congress created the

Senate Select Committee to Study Governmental Operations with Respect to Intelligence

Activities (the Church,Committee) and the House Select Committee on Intelligence (the Pike

Committee). Some of the work of these committees was related to the assassination.

Despite these official investigations and with private researchers continuing their efforts, the

public was not satisfied that all of their questions about the assassination of President Kennedy

had been answered. The result was the passage of The President John F. Kennedy Assassination

Records Collection Act of 1992, which included the creation of the Assassination Records

Review Board.

Contacting the Assassination Records Review Board

The President John F. Kennedy Assassination Records Collection Act of 1992 provides that the

Review Board has the authority to "receive information from the public regarding the

identification and public disclosure of assassination records."

If you have relevant information regarding records relating to the assassination of President John

F. Kennedy, or would like to learn more about the Board, please contact us at:

The Assassination Records Review Board

600 E Street, N.W., Second Floor

Washington, D.C. 20530

Telephone: (202) 724:0088; Fax: (202) 724-0457

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