The effectiveness of Public Law 102-526, the President John F. Kennedy Assassination Records Collection Act of 1992 : hearing before the Legislation and National Security Subcommittee of the Committee on Government Operations, House of Representatives, On

268 Pages·1994·8.5 MB·English

by  United States. Congress. House. Committee on Government Operations. Legislation and National Security Subcommittee

THE EFFECTIVENESS OF PUBUC LAW
102-526, THE PRESIDENT JOHN F.
KENNEDY ASSASSINATION RECORDS
COLLECTION ACT OF 1992
Y 4. G 74/7; K 38/3
The Effectiveness of Public Lau 102.
HEARING
BEFORE THE
LEGISLATION AND NATIONAL
SECURITY SUBCOMMITTEE
OF THE
COMMITTEE ON
GOVERNMENT OPERATIONS
HOUSE OF REPRESENTATIVES
ONE HUNDRED THIRD CONGRESS
FIRST SESSION
NOVEMBER 17, 1993
Printed for the use of the Committee on Government Operations
U.S. GOVEliNMENT PRINTING OFFICE
75-321 CC WASHINGTON : 1994
ForsalebytheU.S.GovernmentPrintingOffice
SuperintendentofDocuments,CongressionalSalesOffice,Washington,DC 20402
ISBN 0-16-043551-X

UW
THE EFreCTTVENESS OF PUBUC
102-526, THE PRESIDENT JOHN F.
KENNEDY ASSASSINATION RECORDS
COLLECTION ACT OF 1992
Y 4. G 74/7: K 38/3
The Effectiveness of Public Lau 102...
HEARING
BEFORE THE
LEGISLATION AND NATIONAL
SECURITY SUBCOMMITTEE
OF THE
COMMITTEE ON
GOVERNMENT OPERATIONS
HOUSE OF REPRESENTATIVES
ONE HUNDRED THIRD CONGRESS
FIRST SESSION
NOVEMBER 17, 1993
Printed for the use of the Committee on Government Operations
APR
/ s ;oo^
U.S. GOVEliNMENT PRINTING OFFICE
75-321 CC WASHINCTrON : 1994 "''^ii'dHTC
ForsalebytheU.S.GovernmentPrintingOilice
SuperintendentofDocuments.CongressionalSalesOffice,Washington,DC 20402
ISBN 0-16-043551-X
COMMITTEE ON GOVERNMENT OPERATIONS
JOHNCONYERS, JR., Midiigan, Cfuurman
CARDISS COLLETS, niinois WILLIAM F. CUNGER. Jr., Pennsylvania
GLENN ENGUSH, Oklahoma ALMcCANDLESS, CaUfomia
HENRY A. WAXMAN, California J. DEIWIS HASTERT, Illinois
MIKE SYNAR, Oklahoma JON L. KYL, Arizona
STEPHEN L. NEAL, North Carolina CHRISTOPHERSHAYS, Connecticut
TOM LANTOS, California STEVENSCHIFF. New Mexico
MAJOR R. OWENS, New York C. CHRISTOPHER COX, California
EDOLPHUS TOWNS, New York CRAIG THOMAS, Wyoming
JOHN M. SPRATT, JR, South Carolina ILEANA ROS-LEHTINEN, Florida
GARY A. CONDIT, CaHfomia DICK ZIMMER, NewJereey
COLLIN C. PETERSON, Minnesota WILLIAM H. ZELIFF, Jr., New Hampshire
KAREN L. THURMAN, Florida JOHN M. McHUGH, New York
BOBBY L. RUSH, IlHnois STEPHEN HORN, California
CAROLYN B. MALONEY, New York DEBORAH PRYCE, Ohio
THOMAS M. BARRETT, Wisconsin JOHN L. MICA, Florida
DONALD M. PAYNE, New Jersey ROB PORTMAN, Ohio
FLOYD H. FLAKE, New York
JAMES A. HAYES, Louisiana BERNARD SANDERS, Vermont
CRAIG A. WASHINGTON, Texas (Independent)
BARBARA-ROSE COLLINS, Michigan
CORRINE BROWN, Florida
MARJORIE MARGOLIES-MEZVINSKY,
Pennsylvania
LYNNC. WOOLSEY, California
GENE GREEN, Texas
BART STUPAK, Michigan
Julian Epstein, StaffDirector
Matthew R. Fletcher, Minority StaffDirector
LEGISLATION AND NATIONAL SECURITY SUBCOMMITTEE
JOHNCONYERS, JR., Michigan, Chairman
CARDISS COLLINS, Illinois AL McCANDLESS, California
GLENN ENGLISH, Oklahoma WILLIAM F. CLINGER, JR., Pennsylvania
STEPHEN L. NEAL, North Carolina JON L. KYL, Arizona
CAROLYN B. MALONEY, New York DICK ZIMMER, New Jersey
TOM LANTOS, California
CORRINE BROWN, Florida
James C. Turner, StaffDirector
Miranda G. KatsoyANNIS, Professional StaffMember
CherylA. Phelps, Professional StaffMember
Eric M. Thorson, ProfessionalSta/fMember
Joseph Cirincione, ProfessionalStaffMember
Bennie B. Williams, Clerk
Cheryl G. Matcho, Clerk
Rosalind Burke-Alexander, Clerk
Monty Tripp, MinorityProfessionalStaff
(II)
CONTENTS
Page
Hearingheldon November 17, 1993 1
Statementof:
Conyers, Hon. John, Jr., a Representative in Congress from the State
01 Michigan, and chairman, Legislation and National Security Sub-
committee: Openingstatement 1
Johnston, James H., Esq., former counsel. Senate Select Committee on
Intelligence 44
Lesar, James H., Esq., president. Assassination Archives and Research
Center 66
Newman, Maj. John M., U.S. Army, Ph.D., author, Kennedy and Viet-
nam 114
Peterson, Trudy Huskamp, Acting Archivist of the United States, Na-
tional Archives and Records Administration, accompanied by Steven
D. Tillev,Archivist,AccessStaff 9
Posner, Gerald, Esq., author of "Case Closed: Lee Harvey Oswald and
theAssassination ofJFK" 26
Robertson, Randolph H., M.D., diagnostic radiologist. Southern Hills
Medical Center, NashviUe, TN 99
Letters, statements, etc., submitted forthe recordby:
Conyers, Hon. John, Jr., a Representative in Congress from the State
of Michigan, and chairman. Legislation and National Security Sub-
committee: Openingstatement 3
Johnston, James H., Esq., former counsel. Senate Select Committee on
Intelligence: Prepared statement 50
Lesar, James H., Esq., president. Assassination Archives and Research
Center: Preparedstatement 71
Maloney, Hon. Carolyn B., a Representative in Congress from the State
ofNewYork:Preparedstatement 8
Newman, Maj. John M., U.S. Army, Ph.D., author, Kennedy and Viet-
nam: Preparedstatement 119
Peterson, Trudy Huskamp, Acting Archivist of the United States, Na-
tionalArchives andRecordsAdininistration:
Letter dated December 13, 1993, to the Honorable Al McCandless,
regarding information concerning the standard process of records
ofthe PresidentJohn F. Kennedyrecords collection 97
Preparedstatement 12
Posner, Gerald, Esq., author of "Case Closed: Lee Harvey Oswald and
the Assassination ofJFK": Preparedstatement 32
Robertson, Randolph H., M.D., dieignostic radiologist. Southern Hills
Medical Center, Nashville, TN: Prepared statement 102
APPENDDC
Material submitted forthehearingrecord 129
October 8, 1993, letter from Trudy Huskamp Peterson, Acting Archivist
oftheUnitedStates 129
October 1993 Charles J. Sanders and Mark S. Zaid article from South
Texas Law Review entitled "The Declassification ofDealey Plaza: After
Thirty Years, a New Disclosure Law at Last May Help to Clariiy
the F*actsoftheKennedyAssassination" 135
November 6, 1993, letter from Alan J. Weberman of Independent Re-
search Associates. The attachments to this letter are on file with the
subcommittee 171
November 7, 1993, G. Robert Blakey article from the Washington Post
entitled"MurderedbytheMob" 173
(III)
IV
Page
—
Material submittedforthehearingrecord Continued
November 7, 1993, Edwin M. Yoder, Jr., article from the Washington
Postentitled"BanalityoftheMurder' 178
November 12, 1993, letter and attachments from Stanley S. Siegelman,
M.D., editorofRadiology,to ChairmanJohn Conyers,Jr 182
November 14-16, 1993, Walter Pincus and George Lardner, Jr., three-
part series from the Washington Post entitled The Assassination
FUes" 189
November 15, 1993, letter from Hon. Charlie Rose and Hon. William
M. Thomas, chairman and ranking minority member. Committee on
HouseAdministration 220
November 16, 1993, letter fromRogerBruce Feinman, Esq., to Chairman
John Conyers, Jr 222
November 24, 1993, letter from Louis J. Freeh, Director, Federal Bureau
ofInvestigation 236
November 29, 1993, Max Holland article from the Nation entitled '^uba,
Kennedy andthe ColdWar" 238
December 27, 1993, letter from Randolph H. Robertson, M.D,, to Chair-
man John Conyers, Jr. The attachments to this letter are on file
withthe subcommittee 250
January 3, 1994, letter from Gary L. Aguilar, M.D., to Chairman John
Conyers, Jr. The attachments to this letter are on file with the sub-
committee 254
THE EFFECTIVENESS OF PUBLIC LAW 102-526,
THE PRESIDENT JOHN KENNEDY ASSAS-
F.
SINATION RECORDS COLLECTION ACT OF
1992
WEDNESDAY, NOVEMBER 17, 1993
House of Representatives,
Legislation and National Security Subcommittee
OF THE Committee on Government Operations,
Washington, DC.
The subcommittee met, pursuant to notice, at 10 a.m., in room
2154, Raybum House Office Building, Hon. John Conyers, Jr.
(chairman ofthe subcommittee) presiding.
Members present: Representatives John Conyers, Jr., Glenn Eng-
lish, and Al McCandless.
Also present: Representative Louis Stokes.
Subcommittee staff present: James C. Turner, staff director;
Bennie B. Williams, clerk; and Monty Tripp, minority professional
staff.
OPENING STATEMENT OF CHAIRMAN CONYERS
Mr. Conyers. Good morning. The Legislation and National Secu-
rity Subcommittee will come to order.
We are meeting today to review the implementation of Public
Law 102-526, the Kennedy Assassination Records Collection Act of
1992, a law which originated in this committee. Last year the sub-
committee held three separate hearings on this legislation and
worked closely with the Senate and the administration to shape the
final Records Act.
The assassination of President Kennedy was a tragedy that
touched everyone, and continues to be felt even as we near the
30th anniversary of that event. He was a unique leader who
brought humanity and vision to American policy, both at home and
abroad.
The tragic loss of the President was compounded by lingering
suspicion that the government was not entirely forthcoming about
the assassination. Indeed, the 1964 Warren Commission conclusion
that Oswald, acting alone, was responsible for the death of Presi-
dent Kennedy has oeen in question since the first day that it was
made public. And today, many Americans feel that something is
being concealed in the secret files oftheir government.
That is why members in this committee joined together in pass-
ing the Records Act, which requires prompt public disclosure of all
materials relating to the assassination ofPresident Kennedy.
(1)
As the committee stressed in our report:
Continuedui^ustiiied secrecy andconcealment ofthese records increases specula-
tion about the assassination and fuels a growing distrust in the institutions ofgov-
ernment. The committee believes that prompt disclosure of all records relating to
the assassination is thebest wayto fuliilltheAmerican people's ri^ttoknow what
happenedtotheirPresident.
Today, a year after the act was signed into law, we meet to as-
sess how well it is working. We are joined by the Archivist of the
United States, who will be reporting on the enectiveness ofthe act,
as well as several private researchers, who will discuss their expe-
riences in using the assassination records collection.
A key purpose of the Records Act is to end unjustified secrecy
that has fed speculation about the assassination and undermined
public trust in the institutions ofgovernment. So in reviewing the
operation Records Act, we should also ask whether the act has
been effective in accomplishing this objective.
Have the newly released records punctured unfounded specula-
tion about conspiracies, or have they supported suspicions that
there was more than one person involved?
Are Federal agencies cooperatingfully, or is there resistance that
fosters continued public distrust ofgovernment?
I am dismayed that the Review Board required by the act is still
not in place. It required nominations within 45 days of enactment
and Senate confirmation within another 60 days. Yet, more than 1
year afterward, there is still no Review Board.
Although part ofthe fault lies with the administration's delay in
making nominations, it appears unlikely that the Senate will com-
plete confirmation proceedings in this session ofCongress. It is this
committee's desire that this process be completed as soon as pos-
sible.
[The opening statement ofMr. Conyers follows:]
Opening Statement
Chairman John Conyers, Jr.
Legislation and National Security Subcommittee
Oversight Hearing on the Effectiveness of Public Law 102-526
November 17, 1993
4
Good morning the Subcommittee on Legislation and National
Security will come to order.
Today we are meeting to review the implementation ofPublic Law
102-526, the President John F. Kennedy Assassination Records Collection
Act of 1992, a statute which originated in the Committee on Government
Operations. Last year the Subcommittee held three separate hearings on
this legislation and worked closely with the minority, the Senate and the
Administration in shaping the final Records Act.
The assassination ofPresident John F. Kennedy was a tragedy
which touched all ofus who were alive in 1963 and which continues to be
felt today as we near the 30th anniversary of that event. We lost a
unique leader who brought a singular humanity and a lasting vision to
American policy both at home and abroad.
This tragic loss ofthe President was compounded by the lingering
suspicion that the Government was not telling the whole story about the
assassination. Indeed, the 1964 Warren Commission conclusion that
Oswald, acting alone, was responsible for the death ofPresident Kennedy
has been questioned from the day it was first made public. And to this
day, many Americans feel that something is being concealed in the secret
files oftheir government.