JFK FOIA Cases - being
considered for CAPA Support
1.
Jefferson Morley v.
CIA re: Joanedes, DRE and HSCA w/ Jim Lesar and AARC. Landmark decade old case
still being considered for its public value, exposed CIA officer responsible
for the DRE Cubans who tangled with LHO in New Orleans in the summer of '63 and
the agent's operational status as CIA liaison to the HSCA, co-opting its
investigation.
[https://scholar.google.com/scholar?q=Morley+v.+CIA&hl=en&as_sdt=6&as_vis=1&oi=scholart&sa=X&ved=0ahUKEwiV5szcl5nMAhWBPz4KHdHbAcsQgQMIGjAA
/ http://jfkfacts.org/tag/morley-v-cia/ ]
2.
James Lesar v.
CIA re: Valkyrie Study mentioned in the Higgins Memo.
[ See: Item 13 http://jfkcountercoup2.blogspot.com/2014/04/higgins-memo-numbered-w-bullet-points.html ]
1.
Carl Oglesby v DOD re:
Nazi Gen. R. Gehlen - Lesar and AARC have continued this case since the death
of Oglesby, and David Talbot writes extensively about Gehlen in his book The
Devil's Chessboard.
[ http://jfkcountercoup2.blogspot.com/2016/04/oglesby-v-dod-et-al.html / https://www.cadc.uscourts.gov/internet/opinions.nsf/55C72C3B0395CCFC85257E93004F74E6/$file/13-5353-1565589.pdf ]
CARL OGLESBY, APPELLANT v. THE UNITED STATES
DEPARTMENT OF THE ARMY, ET AL., APPELLEES No. 94-5408 UNITED STATES COURT OF APPEALS FOR THE
DISTRICT OF COLUMBIA CIRCUITb316 U.S. App. D.C. 372; 79 F.3d 1172; 1996 U.S. App.
LEXIS 5326 February 27, 1996, Argued PRIOR HISTORY: [**1] Appeal from the
United States District Court for the District of Columbia. (No.
87cv03349).
2.
Anthony Bothwell v.
CIA re: Rosselli Operational files. Although CIA "Operational" Files
are usually exempt from public disclosure this California attorney has convinced
a judge to consider releasing the CIA Op files of mobster John Rosselli, known
as "Colonel" at JMWAVE where he ran a team of commandos and reported
to his case officer William Harvey even after Harvey was replaced by Des
Fitzgerald. Rosselli was the source of Jack Anderson's revelations of the
CIA-Mafia plots to kill Castro.
[Note: A copy of Bothwell's response on appeal will be sent to CAPA Board separately and Mr. Bothwell, Esq., will be available to respond to Board questions]
3.
Kelly v USAF re: MATS
Manifests, on appeal to the Secretary of the AF, for Military Air Transport
Service passenger manifests out of McGuire AFB NJ for October 1959 that
may reflect that LHO traveled to USSR via Germany by air rather than by
steamship as the Warren Report contends.
“On the airplane her son sat in the window seat and
she sat in the middle. The man sitting in the aisle seat said his name was Lee
Oswald; she doesn’t remember him using a middle name. He seemed tense and
didn’t say much; he gripped the arms of the seat so tightly that his knuckles
were white. She thought he was merely afraid of flying. He was quite taciturn
and actually seemed hostile when she tried to talk to him. The young man
relaxed after they had a meal. He seemed to her like he had a lot of pent-up
emotion. He said he had served in Japan and the Philippines. He was wearing a
Marine Corps uniform. He said he had fallen in love with a Japanese girl and
had been imprisoned in either Japan or the Philippines because he wanted to
marry her. He said he was being shipped to Germany by the military; the
departure had been so hastily arranged that he had not even been able to see
his mother. Mrs. Steenbarger described the man as having light to sand hair, light
eyes, with sharpshooter medals on his uniform, a name plate saying “Lee Oswald”
and a slight Southern accent. He said his father was named Robert E. Lee
Oswald. He talked about putting down the American system. He said he was being
shipped to Germany because they needed him right away and that he had a skill
he could use there, but she doesn’t recall if he specified what skill.”
There are other
outstanding cases but these are the most important ones that are underway that
CAPA should officially endorse and publicly support.
In addition CAPA and
CAPA members should file new FOIA requests for the following records -
Proposed FOIA cases
being prepared
1.
Kelly v. WHCA - White
House Communications Agency re: AF1 Radio Tapes - These unedited tapes are known
to exist or did exist and if destroyed there should be a record of their
destruction - and since there isn't a destruction record there is a strong
likelihood they still exist. Morley calls these tapes the most significant
evidence in the JFK assassination.
[ http://jfkfacts.org/assassination/whats-the-most-important-piece-of-jfk-assassination-evidence-to-surface-in-the-past-5-years/ / http://jfkfacts.org/tag/air-force-one-tapes/ / http://www.usatoday.com/story/news/nation/2013/11/10/echoes-of-history-heard-in-jfk-air-force-one-tapes/3484427/ ]
2.
Kelly v. JFK Library
and DOD re: Project Four Leaves. JFK's desk calendar says that on September 25
1963 JFK signed a special National Security Action Memo on Project Four Leaves
- a military communications system that remains classified.
THE WHITE HOUSE DIARY SEPTEMBER 23
1963
“President Kennedy assigns the highest national priority to Project FOUR LEAVES to develop andproduce a military communications system.”
“President Kennedy assigns the highest national priority to Project FOUR LEAVES to develop andproduce a military communications system.”
National Security Action Memo 261 - September 23,
1963 NSAM 261 – “THE WHITE HOUSE DIARY SEPTEMBER 23
1963: “President Kennedy assigns the highest national priority to Project FOUR
LEAVES to develop and produce a military communications system. Project Four
Leaves – SUBJECT: Assignment of Highest National Security Priority to Project
FOUR LEAVES In response to a recommendation by the Secretary of Defense,
the president, under the authority granted by the Defense Production Act of
1950, today established the program listed below as being in the highest
national security priority category for development and production. FOUR
LEAVES.” Signed: McGeorge Bundy
3) Kelly v. CIA re:
Pathfinder and NPIC. ARRB records reflect that Pathfinder plans for a sniper to
kill Castro while riding in open jeep were intentionally kept misfiled at
JMWAVE's NPIC National Photo Interpretation Center section rather
than in regular station CIA files.
[ http://jfkcountercoup2.blogspot.com/2016/02/pathfinder-plan-to-kill-castro.html / http://jfkcountercoup2.blogspot.com/2016/02/the-hemingway-house-plot-old-man-and-cia.html ]
“A folder,
stored in the Photo Interpretation ["Section" crossed out ] Area at
JMWAVE contained materials related to a plan to assassinate Castro in the Bay
of Pigs Resort area where he maintained a yacht and was known to vacation. The
plan, possibly with the code word PAJHFINDER had been disapproved and not under active consideration at the time. Our people
did not participate actively in the plan in any regard.(b) While assigned to the Imagery Analysis Service, a number of our photo
interpreters supported Carl Jenkins of the DD/P concerning a plan to
assassinate Castro at the DuPont Veradero Estate, east of Havana. Castro was
known to frequent the estate and the plan was to use a high powered rifle in
the attempt. The photo interpreter support was restricted to providing
annotated photographs and line drawings of the estate. To our knowledge this
plan was never implemented
4.
CAPA v. Smithsonian
re: NPIC Records. ARRB records reflect that NPIC JFK assassination records were
boxed and sent to the Smithsonian at the order of RFK.
“She has a strong, independent recollection of NPC
personnel boxing up all photographic materials (“everything we-the film
department-had”) related to the assassination on the orders of Robert Kennedy
and sending them to the Smithsonian Museum for permanent storage sometime
within 6 months or so after the assassination. She cannot remember whether the
orders from Robert Kennedy were in writing, or oral, but she was firmly
of the impression in 1996 that the direction had come from Robert Kennedy. In
order to test the strength of her Smithsonian recollection, I asked her whether
she may have been confusing the Smithsonian with the National Archives or some
other government body; she replied emphatically that she knew the difference
between the National Archives and the Smithsonian, and reiterated that the
boxed material went to the Smithsonian. She said she was certain of this
because she, herself, was required to call an official at the Smithsonian to
discuss the imminent transfer, and recalls that the individual to whom she
spoke was as surprised by the selection of the Smithsonian as she was.”
5.Pendulum The Higgins Memo mentions that there was a special security program Pendulum - put in place - request Pendulum records.
5.Pendulum The Higgins Memo mentions that there was a special security program Pendulum - put in place - request Pendulum records.
[ See Items #16 and #17 http://jfkcountercoup2.blogspot.com/2014/04/higgins-memo-numbered-w-bullet-points.html ]
“16.
After the JCS meeting Admiral Riley called Colonel Higgins into his office and
read a letter from Mr. McGeorge Bundy which discussed secrecy measures
necessary related to Cuba CIA operations. Admiral Riley directed
Colonel Higgins to have the nature of this letter put out through SACSA control
to SACSA contact points to insure an adequate system for secrecy within the
military services. Admiral Riley stated he was returning the letter to Mr.
Gilpatric as he did not want written communication by SACSA, but to put this
out orally. This was transmitted to Colonel Wyman who will take the action to
prepare an appropriate memorandum for the record to be filed with General
Ingelido in accordance with further direction by Admiral Riley.”
"17. General Wheeler, Chief of Staff of the Army, called and questioned us concerning SACSA's access for the knowledge of such operations as mentioned in the McGeorge Bundy letter. I advised him that our Pendulum system was in being but that I would look into it in greater detail to determine that it met the letter as well as the spirit of the memorandum. I stated I believed this was so but had not had reason to do it until this date and therefore did not give him a positive answer at that time.”
"17. General Wheeler, Chief of Staff of the Army, called and questioned us concerning SACSA's access for the knowledge of such operations as mentioned in the McGeorge Bundy letter. I advised him that our Pendulum system was in being but that I would look into it in greater detail to determine that it met the letter as well as the spirit of the memorandum. I stated I believed this was so but had not had reason to do it until this date and therefore did not give him a positive answer at that time.”
4.
RFK Papers at JFK
Library. Max Holland and a conservative think tank have requested these records
and since we won’t work with them we will file our own request to determine the
status of the RFK records at the JFK Library.
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