Agency: FBI
Originator: DOJ
From: RUCKELSHAUS
To: HQ
Document date: 08/13/1970
Document type: PAPER, TEXTUAL DOCUMENT

## Page 1

Released under the John F. Kennedy Assassination Records Collection Act of 1992 (44 USC 2107 Note) .

DATE: 11-14-2017

JFK Assassination System

Date:

4/14/201

Identification Form

Agency Information

AGENCY: FBI

RECORD NUMBER: 124-10325-10073

RECORD SERIES: HQ

AGENCY FILE NUMBER :

197-636-1, 2

Document Information

ORIGINATOR: DOJ

FROM: RUCKELSHAUS

TO: HQ

TITLE :

DATE: 08/13/1970

'PAGES:

29

SUBJECTS :

HAROLD WEISBERG

DOCUMENT TYPE: PAPER, TEXTUAL DOCUMENT

CLASSIFICATION: Unclassified

RESTRICTIONS: Consulted

CURRENT STATUS : Redact

DATE OF LAST REVIEW: 06/11/1998

OPENING CRITERIA: APPROVAL OF DOJ

COMMENTS: REFERRED TO DOJ, INC ENV, SUMMONS, MEMO

V9.1

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Page 1

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## Page 2

"Released under the John F. Kennedy Assassination Records Collection Act of 1992 (44 USC 2107 Hote).

DAd 721-150-14-2017:

(Ed. 4-2896) I

UNITED STATES GOT

ENMENT

Memorandum

TO

DEPARTMENT OF JUSTICE....

* AUG 13 1970

DATE:

: Mr. J. Edgar Hoover

Director, Federal Bureau of Investigation

FROM

: William D. Ruckelshaus

Assistant Attorney General

Civil Di

ision

SUBJECT:

Harold Weisberg v. Department of

Justice

USDC D.C.

Civil Action No. 2301

70

145-12-1449

FEDERAL GOVERNMENT,

18'

• Tolson

Mr. suryan

Mr. Mohr

Mr. Bishop.

Mr. Brennan CD..

Mr. Callahan

Mr. Casper

Zonrad

Felt

1. Gale

A copy of the complaint recently filed in this action is

Mr. Rosen

Tavel

enclosed.

Mr.

Walters

Mr. Soyars

In order that we may defend this action, please send us

Tele. Room

not, later than september 1, 1970, a report, In duplicate, setting

Miss Holmes.

Iforth the facts involved.

Because many courts are reluctant to

Miss Gandy

grant extensions of time to answer, we request that this report

be given your preferred attention.

If you cannot send us the

necessary material within that time, please let us know promptly

so we can inform the court of the reason for the delay.

It will be helpful if you will state specifically which

allegations of the complaint should, in your opinion, be admitted

and which should be denied, and make suggestions for any affirma-

tive allegations to bè made in the answer.

Please include a list of the names, official positions, and

addresses of persons who have personal knowledge of the facts in-

volved and a brief summary of the matters about which they can

testify on behalf of the Government.

Your report should also include information (and copies of

relevant documents, if any) as to any defense set-off or counter-

Iclaim which you believe may be available.

In addition, please transmit with your response to this memo-

randum originals

and six copies of an affidavit establishing the

CONY FRED A A Destro

basis for defense of this litigation. The affidavit could be

prepared along the lines of the affidavit executed by Special

Agent Roy H. Jevins for use in litigation entitled John Nichols

AUG 1 4 1970

v. United States, USDC D Kan., Civil No. I-4536. In addition

sment to the statements made in that affidavit, we suggest you include

Lu

UNHECORDED

AUG 3 1 1970

in the affidavit in the present litigation, a statement of how

your law enforcement purposes would be hindered were the materials

sought subject to public disclosure.

10266

84953

36=17

22 AUG 14191

ENCLOSURE

ATTACHERS

United States Attorney

District of Columbia

ad 8-19-20

mEW: mj

DE 15

SEP

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## Page 3

Released under /the John F. Kennedy Assassination Records Collection Act of 1992 (44 USC 2107 Hote):

Untied States District Court

BRICA, No

FOR THE

District of Columbia

2501-70

CIVIL ACTION FILE NO..

HAROLD WEISBERE

astsite cretintig

• 304

S

Plaintift

V.

DEPARTVENT OF JUSTICE

HOLIDA JIVID MI

nisat total for alcentutor

goivide totis

Defendant

To the above named Defendant

You are hereby summoned and required to serve upon

BERNARD FENSTERWALD, JR.

-[a5vr]

gsplaintift's attorney., whose-address

SUMMONS

FROS

A5110 11040

IT37

RILE

# A

NOT FILE IN

AFFIGE FILES,

145

-12-1449

DEPAR MEN

TE TUSTICE

R

Wa

17

AU"

4 1970

R

faTe

K.A.O.

927 Fifteenth Sta,

N.W.

CIVIL. DIV

ASTAIGS

Washingion, D. C:

20005

" General Ligtigation See

an answer to the complaint which is herewith served upon you, within

days after service of this

Auers 240,62

summons upon you, exclusive of the day of service. If you fail to do so, judgment by default Will be

taken against you for the relief demanded in the complaint.

ROSERT M. STEARNS

Enely

Clerk of Court.

Deputy

Clerk.

[Seal of Court]

Date:

1970

Augusti

3, 1970

•AUG

DOCKET

CiL

DIVISION

Noté:- This summons is issued pursuant to Rule 4 of the Federal Rules of Civil Procedure.

evollol as airon irisigmes edt adiw teridegod ii barisa bris enommua eidt bevies'i I

go2 0u

ENLOLA OA DESAICE OU 2UU

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## Page 4

Released under the John F. Kennedy Assassination Records Collection Act of 1992 (44 USC 2107 Hote).

11-14-2017.

UNITED SIATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

HAROLD WEISBERG

Route 8

Frederick, Maryland

Plaintiff

2301-70

V.

U.S, DEPARTMENT OF JUSTICE

10th & Constitution Ave., N.W..

Washington, D. C.

Defendant

Civil Action No.

MELA

(Pursuant to Public Law 89-48: 5 U.S.C. 552)

1. Plaintiff brings this action under Public Law

89-4871 5 U.S.C..

552.

2.

Plaintiff is a professional wilter, living and

working in Frederick County, neax the city of Frederick, in the

State of Maryland. Plaintiff has published a number of books

dealing with political assassinations and currently is devoting

his full time efforts to researching and writing additional

books on this same subject..

3. Defendant is the U.S. Department of Justice.

4 : Spectographic analysis is a common and simple

method making possible the study of objects in even miniscule

page 1

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Released under the John F. Kennedy Assassination Records Collection Act of 1992 (44 USC 2107 Hote).

DATE: 11-14-2017-

quantities, so that their precise composition may be discovered

and compared.

5. When bullets and fragments thereof are studied

spectographically, It is possible to make a definite determination

that all of the bullets and fragments came fron one particular

batch made by one particular manufacturer or they did noc.

6.

after the assassination of President John F. Kennedy

In Dallas on November 22, 1963, the Federal Bureau of Investiga-

tion, a subordinate branch of the defendant Department of Justice,

spectographically analyzed and compared the following items:

the bullet found on the stretcher of either

President Kennedy or Governor John Connally of Texas

(Identified as Exhibit 399 of the President's commission

on the Assassination of President Kennedy, hereafter

referred to as the Warren Commission);

b) bullet fragment from front seat cushion of

the president's limousine;

c) bullet fragment from beside front seat;

d) matal fragments from the President's head:

metal fragment from the arm of Governor

Connally!

f) three metal fragments recovered fron rear

floor board carpet of limousines

g) metal scrapings from inside surface of wind-

shield of limousine, and

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Released under the John F. Kennedy Assassination Records Collection Act of 1992 (44 USC 2107 Hote).

DATE:

11-14-2017

h) metal scrapings from curb in Dealey Plaza

which was struck by bullet or fragment.

7: The spectographic analyses were made by FBI Special

Agent John F. Gallagher.

8.. Even though Mr. Gallagher testified in deposition

form before the Warren Commission, he

was asked no questions about

the spectographic analyses made of the bullets and metal fragments.

(Hearings Before The Warren Conmission, Vol, XV. pp. 746-52) ..

9...

The testimony se the said analyses was given by

another FBI Special Agent, Robert A. Frazer. (Hearings Before the

Warren Commission, Vol. V, pp. 58-74).

10. At page 74 of his testimony. Mr. Exazer said that

the bullets and fragments listed in paragraph 6, supra, were

"similar in metallic composition" but refused to say that they were

identical.

11. It is not known whether the FBI turned over the

spectographic analyses of the bullets and fragments or a copy

thereof to the Warren Commission or not, although they were

requested to do so by the Commission (Commission Report, p. XI).

12. However, if the analyses were turned over to the

Warren Commission, the Commission in turn did not deposit then in

the National Archives, although all of the rest of its materials

were so deposited.

Page 3

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## Page 7

Released under the John F. Kennedy Assassination Records Collection Act of 1992 (44 USC 2107 Hote).

DATE: 11-14-2017.

13..

Plaintiff's first formal attempt to get permission

to see and/or copy the spectographic analyses was in a letter to

FBI Director J. Bdgar Hoover, dated May 23, 1966.

(see Exhibit

A appended hereto.)

14.

Plaintiff's request went unanswered.

15. During 1966, 196%, 1968, and 1969 Plaintifi made

numerous requests, both orally and in writing, of the National

Archives (which should have had a ccopy of the analyses, but main-

tains that it does not) and the Department of Justice to examine

and/or copy the analyses.

(see Exhibit B appended hereto.)

16. On April 6, 1970, Plaintiff wrote to the Attorney

General reguesting his review of the denial by the Deputy Attorney

General of his request for access to various materials, including

the spectographic analyses. (See Exhibit C appended hereto.)

17. On May 16, 1970, in a letter addressed to Mr.

Richard Kleindienst, Deputy Attorney General, Plaintiff renewed

his request, accompanying it with a completed form DJ 118 ("RE-

quest for Access to Official Records Under 5 U.S.C, 552(a) and.

28 CFR part 16"), describing the records sought as follows:

*Spectographic analysis of bullet, fragments of

bullet and other objects, including garments and part

of vehicle and curostone said to hava been struck by

bullet and/or fragments during assassination of Presi-

dent Kennedy and wounding of Governor Connally. See

my letter of 5/16/80.

(See Exhibit D appended hereto.)

Page 4

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## Page 8

Released under the John F. Kennedy

Assassination Records collection Aot Of 1992 149 05C 2107

DATE: 11-14-2017:.

18. On June 4, 1940, the Attorney General replied to

Plaintife's letter of April 6, 1970, denying him access to the

spectographic analyses, stating that they were exempt from public

disclosure under 5 U.S.C. 552 as a part of an "investigatory file

compiled for law enforcement purposes." Accarding to

the Attorney

General, they were exempt from compulsory disclosure under excep

tion No. 7 of that Act....

(See Exhibit E appended hereto.)

19. In a letter dated June 12, 1970, the Deputy Attorney

General took an identical position, denying access under 5 u.s.c.

552 (1) (7). (See Exhibit i appended hereto.)

20. The request remaining denied after exhaustion of

administrative procedures, Plaintiff files this complaint pursuant

to Public Law 89-487, 5 U.S.C. 552, further alleging that, pursuant

to this law, the records must be made available to him, and the

Court shall determine the matter de novo. and the burden is on

the

Defendant to sustain its refusal.

WHEREFORE, Plaintiff prays this honorable Court for the

following relief: that Defendant be ordered to produce and make

available for copying the spectographic analyses of the various

bullets and fragments listed in paragraph 17, supra, and such other

relief

as this Court may deem just and equitable.

BERNARD FENSTERWALD,

JR.

927 Fifteenth St., N.W.

Washington. D.C.

20005

Tel. 347-3919

Attorney for Plaintiff

Dated:

Page 5

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## Page 9

Relegsed under. the John F. Kennedy

11-14-2017

Assassination Records Collection Act of 1992 (44 USC 2107 Hote) .

Lexhibit E

Offire of the Attorney Grurral

Manhugton, E. C: 30530

JUN

$ 1970

Mr..

Harold Weisberg

Coq d'Or Press

Route 8

Frederick, Maryland 21701

Vear Mr. Weisberg

This is in response to your letter of April 6, 1970,

requesting my review of the denial by the Deputy Attorney

General of your request under, the Freedom of Information

Act, 5 U.S.C. $ 552, for access to records thought by you

to be in the files of the Department of Justice.

Specifi

cally, you have requested access to "the raw materials" in-

cluding "notes, rough drafts, final panel drafts, individual

reports by any of the panel members or advisors and relevant

correspondence and memoranda, etc." relating to the medical

reports made by the

autopsy surgeons and the advisory panel

to the Attorney General in connection witti the assassination

of President John' F. Kennedy. The Deputy Ättorney General

denied your request on the ground that the "materials de-

scribed in your

letter do not exist in the files of this

Department.

I have made an attempt to ascertain whether the mterials

you seek are in the files of this Department. "It is my con-

clusion, after a full examination of the matter, that documents

of the kind you describe do not exist anywhere in the Depart-

ment. Accordingly, I must deny your request.

In your letter of April 6, you state that you wish to

renew your request for the "spectrographic analyses of the

bullet, fragments of bullet and other items said to have been

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## Page 10

Released under, the John F. Kennedy Assassination Records Collection Act of 1992 (44 USC 2107 Hote) .

DATE: 11-14-2017

struck by this bullet and fragments

. 05.

You point out

that the "bullet in question is Warren Commission Exhibit

No. 399. "

The Department of Justice has received requests

for these documents in the past, and we have taken the posi-

tion that they are part of an "investigatory file compiled

for law enforcement purposes" and are therefore exempt from

the Freedom of Information Act's compulsory disclosure re-

qui rements.

5 US.C. 5 552(0) 07)5

FAt present, this issue

is being itrigated in the federal courts. If the plaintiff

turther case is succensful, the documents in question vould

oF course be nade available to you also:

Sincerely,

Attorney General

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## Page 11

Released under the John F. Kennedy

Assassination Records Collection Act of 1992 741 U5C 2107 Note).

DATE: 11744-7017

DEPANIMENT OF JUSTA

WASHINGTON, D. C. 20530

REQUEST FOR ACCESS TO OFFICIAL RECORD

UNDER 5 .U.S.C. 552(a) and 28 CFR PART 16

NAME OF REQUESTER

Harold Molabore

See instructions for payment and delivery of this form at bottom of page

ADDRESS (street, elty, stote and zip code)

Rt•&, Froderick, Nd. 21701

DATE 5/16/70

DO YOU WISH TO RECEIVE COPIES? LEYES NO

NUMBER OF COPIES

OF FICE AND CITY WHERE RECORD

IF YES, 'SO INDICATE (no more than 10 coples of any

document will be furnished).

DESCRIPTION OF. RECORD REQUESTED (Include any Information which may be helpful in locating record)

rachington, DoG.

Spectrographic analysis of bullet,

fragnents of bullet and other objects,

Including garments and part of subicle end cubbstone said to heva been struck

bullet end/or fragments during assassination of President Kennedy and rounding

of Governor. Connally. See my lottor of 5/16/70

LITIGATION:

FILL IN IF

IN PENDING

LITIGATION

DOES THIS REQUEST RELATE TO A MATTER IN PENDING OR PROSPECTIVE LITIGATION? EYES • LINO

COURT (check one) DISTRICT

NAME. OF CASE

DOCKET NUMBER

L'FEDERAL

I STATE

There 1s no prospoctive litigition 11 requet 1e couplied situ

FOR USE BY DEPARTMENT OF JUSTICE ONLY

THIS REQUEST 1S:

SIGNATURE

A MINIMUM FEE OF $3.00 MUST ACCOMPANY THIS REQUEST.

OTHER CHARGES ARE AS FOLLOWS. (do not write in this box)

GRANTED

DENIED

REFERRED

FOR SECOND AND EACH ADDITIONAL ONE QUARTER

HOUR SPENT IN SEARCHING FOR OR IDENTIFYING

REQUESTED RECORD

$ 1.00

FOR EACH ONE QUARTER HOUR SPENT IN MONITORING

REQUESTER'S EXAMINATION OF MATERIAL

. $ 1.00

COPIES OF DOCUMENTS:

50¢ FIRST PAGE, 25¢ EACH ADDITIONAL PAGE

FOR CERTIFICATION OF TRUE COPY $ 1.00 EACH

FOR ATTESTATION UNDER THE SEAL OF

THE DEPARTMENT $ 3.00 EACH

GSA CHARGE

TOTAL CHARGE

Payment under this section shall be made in cash, or by United States money order, or

by check payable to the Treasurer of the United States.

Postage stamps will not be accepted.

This form may be delivered to any of the offices listed in 28C. F. R. 16.2 or mailed to:

Office of the Deputy Attorney General, Department of Justice, Washington, D. C. 20530

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## Page 12

Released under the John F. Kennedy

Assassination Records Collection Act of 1992 (44 USC 2107 Hote) .

DATE: 11-14-2017

IBI Exhibit 60 18 avuilable at too National Archives

and 1t gus been published

by the jarren Comiasion and by olitors, rosevsr, someone in your Dopartrent

: has gona to sona trouble to see to it that the photograph it tue Nssional

Archivos is entirely usoless for any serious study or to sacure that 10 con bo

udod only for no other than undignitiod or sensational purposes. Inatesa

protographie print there is a photograph of the printoû pugo. Now FBI Exalbit

80 16 not litnographic but la pastographlo in nature. Ath the seroen built-in

for pilntine, eny enlargonent le effocuivoly prociaded. ly intorost 1s tue only

non-sonsetionol che. It is restricted to the tabs of the shirt through màich a

ballet do piloged to have passed. I do not, really, went tas sacire pieturo, and

I would much prefor the largost clear energement you oup have nede of just tuie

Tory small area of the chirt. My purpose is as simplo as it 1a obvious. It is

ontirly restrictod to a study of tha demago to the shirt by the alleged bullet.

I rould nuch prafer und enlargement of this very small area of the anirt, which

Foula clininato all the sore, to a standard 8x10 Blossy print of the oxibit

18B01f. If you will not do this, eo I hope you will, sion i will accept the

clearest poseible motogroph of the original vegativo od FBI Exhibit 80. doever,

becauso i en confidont the Departmant rould profer no suggestion that It 1s 11th-

holdino ovidenco relatin to tue murdes of a President, I do hopa you will

provide no witn the onlargament instead, choring only tho damage. It mill ba

obvious, i hope, that

there do so undignified use of such an enlargomont of the

oreinal nosetito naut 1s ramotely poselblo, oven if I were intending to publish

Ato masca I a note

The law, as you know botter than I, imposes no burden upon no to make

say explanation of that I seok under 1t.. I nope you nill underoiand taut I use

taken this time, sone to tila trouble, in a sincore offort to put you in a post-

thon to understand thet my purposes are cordous, cenodully, proper and entiroly

within tue Intent of Congress and covered by

the lan. If you will reflact but a

moment, perhaps you will also understand that, at posalble cout to myself, I live

sought to put you in a pozition

to save yourself and the Departent starrgermant

17 you do as you have in the peat.

On tus other kond, I mill no longer accept the stunderd Departmental

unippins fon pillar to post. one of thoso ronuests to nuich your Department bas

notor reaponded 1a dour yaara old. Tho renuest endodied in my Civil Action 718-70

nas a goor old at the time you accepaod to the porfectly proper reuueet but only

after I filed the action and you could no longer delay triol. If I have not beera

tron you nithin tho nocke that you rill comply with these roquesto, or 1f I got a

refoction in eny neme other than that of the attorney General, I fild proceed

aith furtoor civil actions. I would much prefer to avoid tile. Host encercly,

I hopa you would also.

Sincerely,

Hgrold Feisberg

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## Page 13

Released under the John F. Kennedy Assassination Records Collection Act of 1992 711 USC 2107 Hote).

DATE: 11-14-2017

Eacuuse the rocord doos not encourage belief you mili movide rust

I sock mith racourse to tue come I foel 11 Foule be unmise for me to dieclose

everytning I can. Bui bacause I mant voluntary compliance ritu the law mà

bocouse doapite your host controry efforts, da do not rent to Lare tuis rasult

In onberressment for you on tue government, I do suggest

some of thom.

With regara to thr oppotrographic analyals, bi you ars not avare of

1t, not then having boon in your prosont poaltion. I thin's you suould mow tust

1f 11 does not agros in bhe most mlauto detoll ith toe interpretition put upon

1% by the Marren Cornission, thoir Poport le a fiction. It ves, In rays I do

not oxplein, "considered by" that Coniacion, Luese nords are fros the executive

ordor of the ittorney General of October 81,

• 2966• Moreover, it was, to al1

practicaly purposes, node public and publieued in different form, repoatadly,

by tho Comniscion. Most rocently, tuls vas done by former Dallos Chief of -olico

Jesso Curry, in a bool boarins alo nuno. then I askoa for 1t oi thoMational

Archivres, in person, the day this ozacutiva ordor was regorted in tue prose, in

¡sy presenco a representstiva si your Department told the Mational ronims it

hod been tronsferrod tuore pursuant to this ordor. an ko checked too ale re

citod, so Iound It has but a parapurano. Do the bast of my inomedga, daro ios

beon no rosponse to the report made to mim tunt tola was not the malyais itself.

Tuls enolysis involves no secret procasaos, no luformants wcome identities nasa

so nidion, no dofonations of the innocent, and does not in uny fay fall uder

the right to mithbold eubodled in sny of tue guidlinea for withoolding

Your Dopartment, througa Mr. Vinson, tola mo tao verious documants

reisting to Davia Ferrio voro baing revieroù tich tue intent of seeing detuer

troy would te made avoilable. I never heord further fron vin. The National

Archiros told no it hod no konlodgs of any euch revier. obviolaly, it is inrocaible

for mo to provide you mith an lûontification of odou und erory suca cuppressed

docunent, but to the degroe I can, to lo already la gour

files. In Inirross to

you, for I do not seel sendsa but 1 do pack infornation I belleve is propariy

mino, I vent you to know tist I havo poce of wet to cead to to citanela end it

conuot possibly ba mithueld proverly. As I love alroady explained, that migat

tend to inflect upon tue Innocent uns alroady boan made public, rather extenairely,

by the nen involved and by their automoy, in a bood and its serialization. Forro

bingolf 1a dosa, ras unmarriod, ond dis sexuel testes are publle montedgo in a

of ways, incluotne but not linited to vublic roporting of crimiral chargos

egrinst him for toen ond in uls contosting of chose chargon ond blo subsecuent

1028 pe employment boccuso oi tion.

with regard to the photograph lontifiod se Int Exhibit 60, requested

In my letter of April 22, 1970, adarossed to the Attorcy Conozal, I Irorilo tais

safornetion and recuest?

Iris 1s y picture of Froslient icrnody's soirt. Ths birt 1tzalf 1s

vithnald from exonination und study and any tuking of pictures of it 19 prevented

on the seminaly proper ground tuat noither tue soverment nor als estate vant

any unüigniflod or sausational uno of it. I nate explored this thorouguly ita

tio National reaives ena the popsosantstire of tae estate, verbally and in

extensite corcospondence. dowever,

there is no use to rulen the arallable pictures

can bo put tuat 10 of eny order nature, for they

show nothing cut his blood. This

18 not rhat I want to boudy of, pardaps, to suow

(my antal purpose is study.

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Released under the John F. Kennedy Assassination Records Collection Act of 1992 (44 USC 2107 Hote) :

DATE:

11-14-2017

5/20/10

Tr. Rianard Moindionst

Deputy

attornay Gensrol

Departmoat of Juatico

Fochington, D.C.

Doar Mr, Poinidenste

Your Deartment bno ongaged in a systenstle aflort to ritiato tue

cleer intent of Songreos and duo lan on "Freedon of Inforantion do the point

taut inguiries properly made are agnorad. Socking of you puat do my richt and

your obligation to record to las boch converted into a futility. uven a slugle

a renuest for loums you require for citiaens to do. sha lay is blatantly 1g-

acrod. Moreover, plea I askod lor conies of your lustruction inu doys a80 et.

tro different oirices of your repartinent, not only Rau + not siten any, but in

the proper office toey even declined to tate my nomo and

Addroco so bey e oula tonil

tuese instructions to me, I hove, in the pont, adorascod a nunbor of recusate to

quo 49t ritey Genoral, do nas, on not ond oscasion, nado responce.

I haverashed

of your offico bust when my recuesto vera rojeoted, de 4 anticioeted tuoy would

be, the record indiesting tolo le sutonatto wien not ignored, it bo in to

nume no lue ittornoy Gonoral eo that the argoninod nachoniem for delayin, no

would tot bo put into play aguin. In overy enses, this boa not been done. I

heve tares timea addreased uppeals from docisions to sin Utornay Conorel only

so tave tuan ulso ignorod. I rogard tula socord un ono in which your Defastent

has offectivaly ourrendorud any righto to lanist upon complinnce uith tuoso

rulos you omploy only to frustrate my propor roqueata cas, in the erint 1t

b-conct necoacary, en propsred to toot telo in court.

I wouls profer that this not cocone seconcosy, that you ouango your

rogi, steat moling respones, slirinate the decoption und falochood from them-la

abort, recognizo that Congross pascoes luna end presilents olgn then no turt

they sill bo obeyod, nost of c12 by tom Departicont in mosa core the saudity

and integrity of une low do teetod, os, two Davertment from melot ma bove been

nearing so cuen about mat it ella "lan end eruor like cuarity, I suscest toat

nuoule begiu at home.

meresita i oncioso thres conpleted 1J-118 Comes, In saga of ta-se

tires cases my nost racent requests huve boon node some time ago. In not one

or thon MeD there boen reaponse.

so of them ara conavicuously flozzont, end I single them cut for

explanation. My

first reguor for the spoctineraralo nelycia of the bullet,

tragents of bullot sun objouts cold to duve boon struck by eithor hen tne

Proolient was ansassinatou and Poramos Connaily Injurod 18

datod 1n Bay 1958.

to 1t or Ats subsoquent ropetition. I od r0920d e

roquest fur tude suna pubile, non-socrot incorcation to tha

days ago. ly firat toquest of your dapartuent los those dicu onto rol ting to

1111ton ferris of lew Orlose tos node unter the provious edmiretrationg

sad sy post recent, still unancerod, nuo addreseud to your office tho

DocId: 32312824 Page 14

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## Page 15

Released under the John F. Kennedy Assassination Records Collection Aot of 1992 711

11z.1

DATE:

11-14-2017

2107 Hotel.

1p2iZ G, 1970

rion. John Matcholl

Attorney General

Deportuent of Justioe

noncingion, Doc.

Dear Mir. M1tcball,

Under date of April 3, 1970, Mr. E. Riouorde Rolapp informed ne I

nave the right to uppeal the adreree docielon of tas Doputy Attorney Cenaral

denying me certain identifiablo and indentifiod directly to you.

Ibis lottor is intended as such an eppesl. The materiel sought,

generally cescribad as the "row anterial" of the reports of panols of experte

contokod by your Department estd to suthenticate tho sutopay of the late

Prosident kennody and to make on historical redord, de completcly described in

earlier correspondence witu your department.

I mont to taxe tais occasion to renon my request for the erectrogra

phle analyses of tho bullot, fragments of bullet and other itomo said to unve

been struck by this bullet and I ragnonto, my eaglier requests having been

senorod by your depariment, lue bullet in question 1i Marren Commisalon Extiblt

No. 399, Semplos for analyala were taken fron the linoucine, a curbstono, 1tima

of clothing, ote. Tae resulte have de a publieued in summary fern by the

federal government aud due Dallas police.

Whilo I hope you will neithor ignore nost dony tale renovad requeat, the

carllest one dating back to lay of 1966, for I belleve it fould be Improper to

so error, l ao eaticapate tho posalbllity. In tbie event, 1 ask tuet the

proper jonas be sent me so l can apply under the so-called "Freedon of Information"

law. If toore are other admintetrative possibilitlee or prerequisitos, I nould

like to be informed of them.

sincerely.

Harold Helsberg

DocId: 32312824 Page 15

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## Page 16

Released under the John F. Kennedy Assassination Records Collection Act o1 1992 744 U5c 2107 Hote).

DATE: 11-14-2017

Lay & Bald to your oftention shau

" Barrots

Or of trapesos of the procadent remody culoney matorial, no net sores nea

GoeraBad La e388881 cossengendesa de gar files, Rossectsally I call sa

Jens disenilea lie fuse that thie donuzand da dna of tha morrise popesa ol

sarontariod.

Dadar the ranviona caasesourallen, Even I Galed fes sesosa to. the

Emporarizo thaosa David to lourio miortas I ran toll by lira Vancon that e

aboranstad dou scara als ba consodo doy lo la shia connestdon, call fa

ross ditcalled tha cosing augeomlosy end the incenadetency da the toverment

osasalog ta courts to o 110102a00 $2a8 La has 290 C3bsastos 280 chainscrassro

of the Foderas Dances o8

to year assuez, tallowings do l 1, the chase choala da os least a pro fora

Consol of suo dulta Bana leo Labelor a carasasta

complato Aurecast of Doparisaatos end Lassra polloya al ble outenant

CODY O8 my Lostas tea cent so dha LapoOR O8 dia Darcau t: Dia conaldoratlog"

insara bound notatas. Won that Dasons Immatos to nosa-no a e91g 01 1ta pr0c8

reloace enê docate end nos test Pirootos. Suida da soapoad to a nritton sonuses

for a prosa rolesce, passapa i abouta eat to esopriad at the adsanca of o 10r

ERO-SUcTI Cossado Boperos, 1 caulA prasas ta thana tao Astoray caserad of the

LEasts ostoa segaentod e copy of the oraclocrapase nastyzes of the

I heraly recou dada remand, solina, 15 I au danded, for a agatenant of tha

tocoa o8 reason enlitho instsueticas end tonso to? lavocation of the Froaden

08 Infanation 2e%. Vata sagand to tho reoron Comission filo Idarilfiod as

0D671% 1 DOLO CO EINO TEGUStO, RA I tO BITE CHICOd.

teas thacs uanarared requate setariod do above is tha eticanso

proseasod 1a court 1n faglando a coula noa diso to broadon thas to incauo

thas sonA da Mangade, diresly and Indiracili, da the case of jonas insa say.

Then I eate soqueste of ths National schizas, thora sos 15 a dalay

Of not icss thas to moatina lo soro there 1e any lad of soaporso, taon tearo do

OED. I BOlloTO $a1o, 18 160011 olouda to pasposes and lutagrity of the Borero Is.

Jou ova Bapartment doos sos soapord at all. I do hope you "1ll cosrect thia, shas

you all agros that tada a citiesa and more, a moltos, males propas laquiry of tha

CoTermant, cosponse aleula do as prompt sa possiblo.

Barold Helcherg

DocId: 32312824 Page 16

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## Page 17

Released under the John F. Kennedy

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

DATE: 11-14-2017

Rosatant of Jactica

Deas 18. 1a seballo

Geraral Catasy Coobion, Dichoad sy ever kaving coresa ezy ind of

Bosood os cominghal enzaan to cay laquiry of yeas Doparton, union

cay diminission, ibão ono paean uita the tale cooterana peasa farthos

cologato to these sada tha

EM CELESOLDA CHA BOSPORED 08 08 LOS 8A CHORE SHA ANTO CO

crad cuill fuca ta savedaaaat of 8000208e 80:80,

I 4921099, 2023 860

sans1t12g0g to cas that the lada ese oberonel, ty gos dad ty yees Dog

ENtaest da d8 d0 to dea uno elisreas saling sroper lagairden Col Iso

TER DOOMISES VILLA & FOSCARCOL 0000

Ebea e 058830a nasa ble Dapartseat of Suedra Sos edegas to

an a country duce es ciza.

¿ Lovo Dado tade rogusols you deva Dot roopaadod.

ALÙOS SEA dE JOUS OFiACO rOtOrIOd Ly SiraL tHO lOttarA tO dI.

falcor I Dorcastor utose bla, Bodsaso La hoe not ones susponded, In cay ray.

I REsiA dûdIaca JOa, 1 RavO tE parDONDS. SO iLO dogstO I eDa, I rant do La

certada thas you baou the altandlos, for the raaponalbality de yeard, ana, 1e

PRAIS DOS tO KATA tO FOCUSE tO LUDO ES I TUNA RODA JOU FOLd, 100.

Jour Departeent tesscoa Marca 30 and Agras 13, Il 1 Ca raused sale satorea-

of the arabority endar thied you refuse

18. In cach caso I aloo dot thas you provids no sita ta somo ond inetraotions

I M1ll med to mol do obtada sudo Infomasdon under t9o orontan ef Information®

DocId: 32312824 Page 17

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## Page 18

Released under the John F. Kennedy Assassination Records Collection Act of 1992 (41 USC 2107 Hote):

DATE: 11-14-2017

Mr: Clark = 2

ohould have been arailable to the couminion, should bave been au impos.

tant part os sis doliberassons also should now bo in the lational Aro

obivon. It soons to bo lamune to propor withholding. I ask you for a

On a nunter of obeastons: MI agenta, aeting as the Coumission's laves

tigators and for it, showed munerous witnesson various pootegraphs, Song

of tboso are not in

Gho Matlonal Arohives, and woully dE le Inpossible

to relato the plotures ulth the lavetigative repares, no de la not pos

alble to now uhion ploturos wore aboun whieh witnesses.

& not that you

have thia defoot somedied, that a compioto file of ploturos,

each shorts

riod with the propor invostigativo roports, bo pont to the Nationad Aro

chives and there nade availablo in the usual mannor.

I aloo aal that chia ¿nolude enab and evory one of the photographa ou

tained by tle FBI and not given the Comlesson, not puù sa tho

the Cormission and in the suld,

filos, not roportod trintaat" oridonoo la tho Hational Asahivoo.

unoditod forn sin

Larly do addod to the.

this connootion, I vant to single out but three of the vory largo sunder

of st12s and notion ploture photographe sitting this doceription and of

ublab i doudro copios.

Ono sa tha sirat ó8 two Polarold pietures talon !

Mrs. Mary boorman,

Dallas, Tosas.

A cocond la tha notion-ploturo tali

by tho minor son o8 J. Pat Doylo, of Portland, Oragon.

Anothor notion

pieture da that BOden by coLo Lastia,

Latter Duo are in. motios.

ky own ovidence convincon no cach was odstor

Holthor was given the barron Coumingion, whose silos do not ovon revead

BAO 0716EONGO GI THAT COLOR DY MI MAPEID.: BOLL BRON.

op in the foru

¿aven to tha FBi anoued, Onuadas Litorature distrabution in Now dean.

Loading to blo arrest on Auguat 9, 1903.

This Has the subject of an

tonsivo FBI investigation.

I ast that what is depositod in tho Natlonad

Archivos Inoludo overything removed by the FbI Dolore the fila vas so

turnal to tha owners, in the sera of coplos, 11 that does not ezlot sa

the orighnate, adas wore retained by the FDL..

I furthor ask that you cause to bo deponitod in the lational Arabivos

thoso portinont roporto of imerviowa with witnondon that were withhold

fron tho Conisason and/or aro cot in 180 11103.

I havo tho stateconte

•I witnesses so intortioned, where there sa no

roport

in tho Hatsonas

Archivos and uboro thoro 18

morora in the filos of the Comminaion of

the 0z1uten0d of the roperta.

should you,

whido you are still Attornoy General, Hant to rootisy leat I

content, I at wilding do oldes you any hold & oau.

tion ba mado avalladdo by your susananor es dea coming adniolatrasson,

1t M122 Do a conaldorable rodloction unan you porsonaldy, bao admilasse

tion of Mason you are far, and BaO Doreratie Party.

thoro poradaa unannorod coprocrondense between ue.

I kould approotase

rESPOnDITO PODLY DE COOn aS DOOBLOLO

81R0OFOlJ.

Harold Welaborg

DocId: 32312824 Page 18

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## Page 19

Released under the John F. Kennedy Assassination Records Collection Act of 1992 (44 USC 2107 Hote).

DATE: 11-14-2017

Samuery 3, 1949

Honorable Hasseg Claris

The Attornay Cenaro2

Dogastrong of Justico

waabangtose D. 0.

1i2o provious corroupoadanso wits you has bood lona than regerding

endo thon enoroned at 828s

Bad bost anouored sof-20opo2nively.

se Gala Bigferonas botuson un uriting you and uy westing . Fogar

rogusod to dond no ous. 0 1roso 2920980 10 Bancol& 135130 L020037 88

Becauas you

aso the Actornoy Gonora? and bocanco the mattera of abich

I volta ana tha posponsibsalaloa da tha Dencoratãs adainsouzation nou

about to loavo offico, l ouala addrose zou about the ampogos vatarold-

sog tone empunta to suppresaion of tho evadonos in too murder of Pr008-

Cont Meanedy. One o2 too talago I would Laro sou to bear &n sind is

In 46, you dirackod that

procered datacte

Bis mans ebas everything constored ty the Commien

sion eus be fa tho Lational Arcalved.

Among unano things soù la the Badloual Archivos ara records undor you

personas ceatrol.

This anshudos such ltona o8 ouidonce considered by

sha Cormission • ln tau, basio to ito corolusions • es the spectrograge

analgago of tha buidos and perious pragmato pd balzostol 001a to zava

booa sed in the ecuadeination

Wasta, alton promigation of your osage.

I assed for bialo oudsaas ad Cla Pational Asabarco.

¿ vas tolà it hao noi

in my boogance the Federa? Buroou of Lansatigation une phoned ani

tead the Aschivoa st vase cAtiog o 62l0.

I coon provod tais £22o una nol

of ond did not anoludo tao spoorecramaso abbysso.

The FaI das dinea

fallod to suppag 25.

¿Ero Booves dust polucod to ansuse ng 190bos on 10a

5a1s coat baoto arzdonne de not covared by ang of uho 6o1do12209edmadoe

proporly to considarod to ba esoned by the aubaoquontly crautod

of Inforcidon Act, & bollera I en cacioled to su, and I met you for 10.

I act you to noons that cho rsi waa cho Concinalon'a valor invoctinasau.

ard and doo suppaler o8 g0a tochaleas

thas it "oonaldozed" &a thie wont 15 "oonsidorad" roy buse Connission. Yet

so cupplying vhat ung 300a086300 da Consaloadon Doetment 3435..

to sepply contain of Chao 000000203 001002030

Cas sago curborod 12 cl

Đi9 8120g

tie cossludang contence g0ad0,

epho Identification Divleton

functor adriend that the Cuo Lotent &iagospelaba

scal Buda des Ciasonstets of a miny condo as on matten not deane

The Mattoont Archivod

Laforna ten dieg bavo no record of those Lingeryaints 0b0g0 taro.

Astowed

for no long a poplod of cano, it lo no desa potounding to ma that ubon

tho FEE ologedly was Zooning eo diligeatay for cay Ocula nocouplica,

end do a26 2avo oradenco of cura on accompadoes it old not dira tho co

sission tho nana or races of thoso dosa Lingerpesate voro found on tha

Altarature Osuald distribudad In Heu 033cans.

Male Safessadios, walch

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## Page 20

Released under the John F. Kennedy Assassination Records Collection Act of 1992 (44 USC 2107 Hote).

DATE: 11-14-2017

March 12s 1967

Honorable Runsay CLark

Ibe Attorney Gonara

Doportmant of Justloo

Washington, D. G.

S1s:

You aro seriously misinformade

In your today'a appearance on "Face

tho Nation"

said it is the Goneral Services Administration that

Is withholaing evidenco in the Kennedy assosstration. It 1a your

own Dopartment of Juatice in nost cases.

Is it

too General Servieos Adninistration, which aots merely

ust a Maint tool on,

In no case of which i knoa

oustodien of the archive.

To make the simple and comprehonsible to you, aince May 23, 1900,

I haro boon traine to soo tho spactrographic analysia of tha bullot

sIlegedly used in tho assassiration, too various

fragmonts recoy

erod from tho bodios and tho car, and of the windshiold sorapings

Your Dopartment of Justloe, in my presenco, alainiorned the National

Archives,

inaisting this documont was public.

When I established

to the National Arabivos that this 15 not so, your Dapartmant bo-

cano mute for more than four months.

The guidelines for uithholding ovidonoo are publle. Not one of the

rostriations apply in this cass.

No normal considoration of na-

tional security is involvod, nor la there possibidity of damago to

innocont persons or risk of disclosure of

confidential informants.

raig donial of access to that nay not proporly

bo restrictod is in

violation of your ons order of Ostober 31.

It is being dona by jour

own dopartoont in an exorcise of raw power.

There are

a nuber of similar cases I am prepared to document to you.

It 1s past tine for tho tolling of truth.

If, as you say, this Is

o11 you want with regard to tho sassesination, I call upon you to

enforce your oun ordes at this lato date, to requiro your oun da-

partment to stop violating lt, and to make suallablo to those of.

US

scoredited to rosearch in this archive what you have boen suppressing.

Othor itens of evidance have been suppressed and then released in

response to public prossure.

I hope fron now on, with your pledgo

of dedication to the truth alona, wa may expoet your departmant to

obey your order, to act in consonance with your expressed wishes,

and to rolosso apontansousig whet it bas been supprassing.

Respaotfully,

Harold Weisberg

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## Page 21

Released under the John F. Kennedy Assassination Records Collection Act of 1992 (44 USC 2107 Hote).

DATE: -11-14-2017

XXXXi

6-20:34

XXXX AAX

20734

ay 23. 1960

roderol Eurosu of Invastigation

Dear So Hooves.

18 you mili find quot tloan fron yur toutinony and tast of lll goto that I

bollovo roquire imodinto nd unequivocal caplanationo and fron tho FElla report

to tha comerloa. of the mny thinga rocutrine caplonation. I rould like 1n

particular to durant your aurenelod lo thome threa, in enlah it mould coem no

question of cutlonal socurity can bo lavolved.

1) In your brios diacussion of the aaossination la cho report to the can losson

you say that throo chots moro fired. of which tro hit the ironinni and ono tho

forarnor. Thia doos not sorount tor

the bullet that his to curbsione on can croo

reroore enlah you told aba con 1a: ion you cowd noe assoolate 1th the

r. 7100071:1

cas or any of les scrupento. In snotbos

pre of ibia report, sending mich

BEalds you

told tho commo don that cho bullet that did not killathe rentine arusk him in

che back - not she neck- ani did not be thanach has bodye Hero you doc to soil to

aọcount to tho rect-lanna mund in the faent of the iressient'e rocke in thus,

nre there not at loan? flee bulleto, the three you accountad for aul tha tro you

did not so ound for, The fomienion Itself coastiered the curbatone striven no amate

bullet, ent the rosident most ce trinly sus soundod in the front of the neok.

e) In bis costimony b oro to conionion, PaI Agons Robart 1. Froster did not

ofter into evidonce the spectrographlo unalyale of tels bullot uni that or the

Tarloua bullot fragnento. Moither did Til Nose Jobs i. anlackor, the spectropm-

pher. "gons frazier's lestliony is neroly the the bullota vero lead, which would

soos to be considerable losa iuformatiou then spoctrogramplo unalysis could revolo

Tho custotado of thia archivo se tha Mational ponivas intoras no this snilyala 1s

nos includod 1a hia aroniva but la lu Cho possosalon of the FBI. I coll unon you

so nato 11 1rodlalolg avallablo.

3) In bão soatimony bofore tho conniesion, TBI ngent Fruzios sald that men ene

whole bullos nas rocalyed by the iRI, 1t had boon ripod cloud. ao does not raveni

nay FBI Intoroat in this unusual dostruciion of evidence. he alco tostiMou tint

the cleanaina, o! the bullos mi nor couplete.

tant. for:fen mattor renaina. Ii tho

s500res in the cullot.. Yet his

testlaory 1000. not

wow any Fil Intercat in ls ming

"out the a ture of the redue suse did the Blake the ra ropriato tents. coula tho

rasique bo

asincisted

with other the residont'e body or

the governor' si

he t

Briart, 15 905,

way ade to legro. And 1i no el ort rod 41

ihy not.

incorols yourse

пилото садко.

DocId: 32312824 Page 21

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## Page 22

lotel.

Released under. the John F. Kennedy

DATE: 11-14-2017

ation Records

ection

OFFICE OF THE DEPUTY ATTORNEY GENERAL

WASHINGTON, D.C. 20530

June 12, 1970

Mr. Harold Weisberg

Coq d'Or Press

Route 8

Frederick, Maryland 21701

Dear Mr. Weisberg:

This will reply to your letters of May 16, 1970

enclosing five separate requests for information under

the Public Information Section of the Administrative

Procedure Act.

The information and materials you

request relate to the assassination of former President

Kennedy.

This letter will respond to each request in the

order they were explained in your letters of May 16.

(1) Spectrographic Analyses: You have asked for

access to the spectrographic analyses conducted

certain bullet evidence involved in the assassination.

I regret that I am unable to grant your request

in that the work notes and raw analytical data on which

the results of the spectrographic tests are based are

part of the investigative files of the FBI and are

specifically exempted from public disclosure as inves-

tigatory files compiled for law enforcement purposes.

5 U.S.C. 552(b) (7). The results of the spectrographic

tests are adequately shown in, the report of the Warren

Commission where (Volume 5, pages 67, 69, 73 and 74)

It 1s specifically set forth that the metal fragments

were analyzed spectrographically and found to be similar

in composition.

DocId: 32312824 Page 22

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## Page 23

Released under the John F. Kennedy Assassination Records Collection Act of 1992 (44 USC 2107 Hote).

DATE: 11-14-2017

- 2 -

(2) Documentation Relating to David William Ferrie:

You have described the documents you are seeking, relating

to the late David William Ferrie of New Orleans, as thase

withheld from the Warren Commission and/or withheld from

the National Archives, and those withheld by the National

Archives by order of the Department of Justice.

This will advise you that no documents relating to

David William Ferrie were withheld by the FBI from the

Warren Commission. Also, so far as is known, all records

of the Warren Commission pertaining to David William Ferrie

were turned over to the National Archives by the Warren

Commission, together with all other records of the Warren

Commission.

With respect to those records now in the custody of

the National Archives which have been withheld from public

disclosure, I am unable to grant your request.

investigative reports are withheld pursuant to 5 U.S.C.

552(b) (7). The disclosure of these reports might be a

source of embarrassment to innocent persons, who are the

subject, source,

or apparent source of the material in

question which contains rumor and hearsay and details of

a personal nature having no significant connection with

the assassination of the President.

(3) " Exhibit 60 (Pictures of President Kennedy's

Shirt and Tie: In accordance with your request, enclosed

herewith is a photographic copy of a portion of Exhibit 60

showing the tabs of the President's shirt.

(4) Concerning Receipt of Material Obtained at Autopsy:

You have requested a photograph and all records relating to

the material removed by Commander James Humes, M.C., U.S.N.,

at the time of the autopsy and receipted for by special

Agents Francis X. O'Neill and James W. Siberton November 22,

1963.

This request appears to be based on your inability

to specifically identify the Exhibit in the Commission report

The material referred to in the receipt is identified

as Commission Exhibit 843. A photograph of this Exhibit

was furnished the Commission and was published in "Hearings

a carried the 0o

DocId: 32312824 Page 23

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## Page 24

Released under the John F. Kennedy

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

DATE :

M-14-2017

Before the President's Commission on the Assassination of

President Kennedy,

"Volume 17, page 841. Other information

regarding this Exhibit appears elsewhere in the Commission's

Hearings.

Autopsy Photographs:

The Department of Justice

and the FBI have

never had possession or custody of the

autopsy photographswhich you state were originally delivered

to the Secret service. It is our understanding they are

now in the custody of the National Archives.

Sinc

erely,

Richard G. Kleindienst

Deputy Attorney General

DocId: 32312824 Page 24

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