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 PDF
Preview 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
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.
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