Monday, August 5, 2019

Interview with Warren Commission Attorney Burt Griffin

Judge Griffin and the Man Who Killed the Man Who Killed Kennedy | Part 1
 November 22, 2018 10:30 am Jesse Bethea



The thing they tell you, if they were alive when it happened, is they remember exactly where they were and what they were doing that day.

“I can remember vividly.”

That’s Burt Griffin. Some Clevelanders might remember Griffin. He was a judge on the Cuyahoga County Common Pleas Court for 30 years. Cleveland Scene once called him “Gandalf” and the “wise old man of the bench.” But on that day, he wasn’t a judge yet. Wasn’t even thinking about it. Or I guess he could’ve been thinking about it — aren’t all lawyers thinking about it, just a little bit?

Anyway, Griffin was just coming back to the offices of McDonald Hopkins & Hardy, a Cleveland law firm that now just goes by the name McDonald Hopkins. It was after lunch, a bit after 1 p.m. He got on the elevator in the office building, and it was there someone told him that the president had been shot. I’m sorry, Judge Griffin, do you want to take over the story?

“I’ve told this story so many times,” says Griffin. “Repetition reinforces your memory. It can also distort it.”
This is the sort of even-handed wisdom Griffin will be dispensing frequently in this story, and you will have to get used to it.

“Anyhow,” Griffin again. “My initial reaction was, ‘those damned segregationists.’ I was sure that he had been shot by somebody who was a segregationist.”

He continued on into the office, where there were no televisions. Instead, the employees of the law firm all gathered around a single radio the receptionist kept, and as they listened they learned that President John F. Kennedy was dead, killed by an assassin in Dallas.

“We closed the office, went home and watched television for the next three days.”

Soon the television said the Dallas police had arrested Lee Harvey Oswald, a 20-something ex-Marine who they believed had shot the president and then killed a Dallas police officer named J.D. Tippit. The details of Oswald’s life that trickled up from Texas were incriminating, and not just for him. It turned out Oswald had only recently returned to his home country after a short-lived defection to the Soviet Union.
“When I learned that Oswald had been arrested and had defected to the Soviet Union and so forth I thought it was probably a frame-up,” says Griffin.

In this new theory of Griffin’s, the frame-up was concocted not by segregationists but by J. Edgar Hoover and the local Dallas authorities.

“They’d found some guy who was a Communist — I wasn’t able at that point to distinguish between a Marxist and a Communist — but he was a Communist,” says Griffin.

Burt Griffin didn’t know that soon it would be his job to learn everything that could be learned about that squat man with the fedora. And as for his idle thoughts about a conspiracy of segregationists and/or J. Edgar Hoover skullduggery, in a few weeks it would be his job to find out if there really was a nefarious plot to murder our president. And a few decades after that, he’d sit down with some annoying writer from Columbus to talk about where he was and what he was doing on November 22, 1963.

guess if you’re like me, and you weren’t alive when it happened, there’s no one particular date and time when you first learned about the JFK assassination. It sort of seeps into American life, whether you want it to or not. It’s a myth we all know by heart — a crisp, sunny November day, a young, stylish president out for an afternoon drive with his young, stylish wife. There’s a cast of characters with vague, ominous sounding names — The Umbrella Man, The Babushka Lady, The Three Tramps. There’s Dealey Plaza, a Magic Bullet, a Grassy Knoll. Have you ever heard of any other type of knoll? There’s only one knoll in the world and it’s the grassy one in Dallas. The JFK assassination has its own geography.

Judge Griffin wanted to know why any of this matters to me at my age, why I’d driven up from Columbus to talk about the killing of a president who’d never been president while I was alive. I told him it was a little bit because my mother comes from an Irish Catholic family in which John F. Kennedy’s foibles and failures are acknowledged, but the mere fact that he occupied the White House with his name and religion means something in a primal sort of way. I told him about my first exposure in the form of a children’s book I read when I was in second grade. Somehow, when Miss Mahoney passed around a basket full of thin books about Martin Luther King Jr. and Abraham Lincoln, I happened to pull out the one about John F. Kennedy and his untimely demise. It had illustrations, right down to the red plume in frame 313 of the Zapruder Film. I was hooked for life.

Thanks a lot, Miss Mahoney.

But in large part it’s the haunting, uniquely American mythology of it all that brought me to Judge Griffin. And at the heart of that dark fairy tale is the Lone Gunman, a character whose very existence we still question even today. But why? Why should we? How can we stop?

I don’t remember where I was or what I was doing when I heard the news that President Kennedy was dead, but I’ve had to hear the news about a few dozen different gunmen in my 26 years, and I remember where I was and what I was doing for just about each one. And for each one, the conspiracy theories seem to get more elaborate, more impenetrable. They beam out even before the bodies are counted, somewhere between the first press conference and the second.

How do we, as a nation, make sense of violence without resorting to the comforts of conspiracy? For an answer, I thought, maybe I needed to go back. Back to the big one, the mother of all conspiracies, and the guy — well, one of the guys — responsible for getting the facts.
#
I waited for Judge Griffin at the Panera Bread on Richmond Road, not far from Warrensville Heights. I wore a white, button-down shirt and a black tie. I’m not sure why, exactly. It felt respectful. Like how they used to dress back then. Griffin told me he’d be the guy in the red cap that said “Castine.”

Burt Griffin was born and raised in Cleveland, educated in the Shaker Heights school system. He went to Amherst College in Massachusetts. The draft was still in effect back then, after the Korean War, so Griffin volunteered for two years of service in the Army. He attended Yale Law School, where he was an officer of the law review. Later he clerked for a federal judge in Washington D.C. named — and Griffin wanted to emphasize that this is true — George Washington. He spent two years as an assistant U.S. attorney in Cleveland before joining McDonald Hopkins and leaving government work. But not for long.

Griffin walked up with his red Castine hat, carrying a briefcase. We shook hands and went inside.

Now, when you’re going to meet with someone and talk about the JFK assassination, you kind of want it to be in a dark parking garage somewhere, or a sketchy diner with a guy in the corner in a trench coat and aviators watching you the whole time. But that’s not convenient for either of us, so the Panera will do. We were barely inside before people started coming up to Griffin just to shake hands and say hello. Griffin sees the same faces a lot at this Panera. It was his office, more or less, as he wrote the book.

He brought the book out onto the table between us. Thick, crisp white, plastic covered and spiral bound. He calls it Searching For Truth In A Political World: Kennedy, Oswald, and Ruby. He needs a publisher, he said, and the right audience. But it’s his opus, his eager attempt to put on the record and into the minds of readers his comprehensive testament as to how it all went down. It started, of course, with the day everyone remembers where they were and what they were doing. But Griffin became part of the story about a month later when he got a phone call from some guy who worked for Jones Day.

 “Because I had a classmate who was a new, young lawyer at Jones Day, I got invited to cocktail parties with these Jones Day lawyers,” said Griffin.

This particular Jones Day lawyer didn’t work for Jones Day anymore. He worked for Robert Kennedy, the grieving brother of the murdered president who still served as Attorney General of the United States. The new Lyndon B. Johnson administration was in the midst of putting together the President’s Commission on the Assassination of President Kennedy, which would later be known for its chairman, Chief Justice Earl Warren.

By December of 1963, the Warren Commission had commissioners. Now it needed lawyers.

“They were interested in diversity,” said Griffin. “In 1963… diversity meant geographic diversity. It wasn’t racial, it wasn’t gender. I was from the Midwest, they wanted someone from the Midwest.”

They also wanted someone with experience in criminal prosecution, experience with the federal judicial system, and crucially, experience with the FBI. Griffin knew how the FBI and its agents operated under J. Edgar Hoover’s leadership, and he didn’t share the reverence of the Bureau common to Americans in that era of certain persuasions and complexions.

Despite the experience he’d accrued by December of 1963, Griffin remains cynically modest about how he ended up being asked to join the Warren Commission staff.

“I mean, come on, don’t think it was some great, national search for the most qualified person,” said Griffin. “It’s all a matter of luck.”

Joining the Commission meant packing up everything, moving his wife and young children to Washington, and leaving the private sector to work for the government once again. But Griffin ultimately said yes to the government’s offer.

“This may be the most interesting thing I’ll ever do in my life,” thought Griffin. “And I don’t think it’s the most important thing I’ve done, but it is the most interesting thing I’ve ever done.”

Judge Burt Griffin was a young Cleveland lawyer when he was asked to join the Warren Commission.
Griffin doesn’t remember the details of his first day at the Warren Commission, but he vividly remembers the first staff meeting in January of 1964 when Chief Justice Warren came in to address all the young lawyers who’d be doing much of the work.

“He said, ‘your only client is the truth,’” said Griffin. “We knew people would lie to us, we knew that people would conceal things from us. But there was nobody who was overseeing us in any way, or even from the outside who was suggesting that we had to come up with some kind of an answer. In fact, we wanted it. We all knew that if we could find a conspiracy, we’d be national heroes.”

If Griffin had discovered a secret plot to kill JFK, “I’d have been the senator from Ohio, not John Glenn.”
In Griffin’s telling, the Warren Commission’s goal was never to debunk or dismiss conspiracy theories. The point was to investigate, to find and to prove the truth of what really happened, to banish the ghosts and lies from Dealey Plaza, so that every American would know exactly what happened to their president, once and for all.

It did not work.

Judge Griffin and the Man Who Killed the Man Who Killed Kennedy | Part 2
 November 23, 2018 6:07 pm Jesse Bethea

President John F. Kennedy was assassinated 55 years ago this week. Retired Cleveland Judge Burt Griffin was part of the team that investigated what happened. Part 1 of this story can be found here, Part 3 can be found here

“We were all aware that if we had the wrong guy, if there was a conspiracy out there and there was some lead that we hadn’t adequately followed, the country could be in danger,” said Burt Griffin. “If we wrongly accused somebody, there would be political turmoil. If we wrongly accused some foreign government, there’d be a war. We were aware of all of that.”

To Griffin, working on the Warren Commission represented a notion of public service that has largely dissipated today.

“World War II actually had a big effect on me and the Warren Commission,” said Griffin. “We grew up in an era where patriotism and doing the right thing were absolutely essential. If there was a conspiracy to assassinate the president we were determined to find it.”

But finding such a conspiracy — and above all, finding the truth — was always going to be harder than it seemed. Griffin knew the details of President Kennedy’s assassination would be hidden behind several layers of confusion, misunderstanding and deceit. It was possible that people had conspired to kill JFK. It was also possible that people would lie to hide how spectacularly they failed to keep JFK alive. In particular, Griffin distrusted the FBI, from their failure to recognize the threat Lee Harvey Oswald posed, to their investigation after Oswald shot the president dead and ended up shot dead himself.

“I worked with FBI agents,” said Griffin. “I also saw what their process was here.”

Griffin told me about how the FBI rushed out to interview some guy in Mansfield who mouthed off in a bar after the assassination about how he was happy Kennedy was dead. It happened that the guy in Mansfield was someone Griffin knew personally, a man who struggled with alcoholism, but nevertheless the FBI ran him down, “Like they have a lead onto a conspiracy.”

“So we knew we were working with that kind of stuff,” said Griffin. “I basically didn’t, and still don’t, have a lot of confidence in the ability of the FBI in those days to have found a very well-planned conspiracy.”
The Warren Commission had a tight structure. On the first level were the commissioners themselves, who acted “like a jury” according to Griffin. Then there were the staff attorneys like Griffin, who would investigate and present evidence to the commissioners. But below that level, said Griffin, were the unsung heroes.

“The real work was done by these, literally, thousands of investigators that we had,” said Griffin.

Staffers from the FBI, the CIA, the State Department and other government entities were constantly responding to requests from the Commission investigators, sending file after file, page after page, of information that could’ve possibly been relevant to figuring out who killed Kennedy and how. These reports filtered up to the staff attorneys, and only a small fraction made it all the way to the Commissioners.

“I suppose you could say, yeah we did the work, but then you’ve got to say, but all these other people were doing the work too,” said Griffin.

The staff attorneys were divided into six teams of two — a senior lawyer and a junior lawyer. Griffin, in his early 30s at that time, was the junior lawyer in his pairing, with Leon Hubert as his senior partner. I asked Griffin to describe what his office was like and he tried to map it out in the Panera.

“This office that we were in was probably as wide as from that wall to maybe a little wider than the opening between these two walls,” said Griffin, sweeping his arms over the tables of studious Panera patrons before us. “Probably as long as from there to the window.”

In all, he outlined a space about the size, shape and volume of a freight container.
Every pairing on the Commission staff was assigned to a specific “area” of the assassination. One pair would investigate the possibility of a foreign conspiracy. Another pair would study Lee Harvey Oswald, his biography and potential motives. Burt Griffin was assigned to investigate the man who shot Oswald — Jack Ruby.

#

At this point in my life, I’m not a conspiracy guy. And frankly, my generation is the one that has to deal with conspiracy theories on a daily basis. I’ve got some news for you old folks: climate change is real and caused by humans. There was never any QAnon, and no crisis actors at Newtown. But you all, your generation, you’ve got Jack Ruby. And if there’s anything about the JFK assassination that would make me think there was a conspiracy, it’s that dude.

I mean, a guy commits the crime of the century, and just as that guy is getting perp walked through the Dallas police basement, some other guy walks up out of nowhere and pops him? Come on. I’ve seen movies. They call that a hit.

The only thing that might convince me different is if I sat down with the man responsible for investigating the assassin’s assassin. It so happens that when that very man started investigating the assassin’s assassin 55 years ago, he had the same two questions I still have.

The moment when Jack Ruby shot Lee Harvey Oswald. Photo via the Warren Commission Report.

    “Why did he do it?” and
    “Who the hell was this guy?”

“I knew we had to carefully document everything we could find out about his life in detail from the time anybody would have been aware that Kennedy was coming to Dallas, which somehow or another we had pinpointed as mid-September,” said Griffin. “With even greater specificity we needed to know what he was doing on a minute by minute basis… from the minute the president was shot until he shot Oswald.”

To complete this chronology of Jack Ruby’s life and behavior, Griffin needed to identify and locate witnesses, connections, colleagues, friends, acquaintances, assess their credibility, collect their testimony and distill it into usable evidence. Griffin read through all the relevant FBI reports, “including the one on my friend from Mansfield.” He sent out instructions to investigators in other government agencies and came up with more methods to collect more information on Jack Ruby, including some plans that were too bonkers to be considered.

At one point, while he was attempting to get records from every telephone Jack Ruby could have touched, Griffin proposed that the Commission freeze every record of every phone call in the country from six months prior to the assassination, so they could be sifted through for clues, possibly by a computer.

“I don’t know why the hell I thought this,” said Griffin.

To be fair, a computer today could probably do the job, but in 1964 it was impossible, so they scrapped the plan. Griffin had plenty of work to keep him busy anyway. On a typical day, Griffin would arrive at the Commission offices at eight in the morning, walk home for dinner with his wife at children between six and eight at night, then walk back to the office and continue working until 11.

A diagram in the Warren Commission report depicts Jack Ruby’s route into the Dallas police basement. Photo via the Warren Commission Report.

Ruby’s trial for the murder of Lee Harvey Oswald delayed Griffin from obtaining necessary testimony, and introduced other, more bizarre complications, particularly involving the conduct and capabilities of the Dallas Police Department. The president and the president’s assassin had been murdered less than a week apart and both men were surrounded by Dallas cops on both occasions. It doesn’t get more “you had one job” 
than that. Griffin needed to find Ruby’s motive for killing Oswald, and influence from Dallas cops — many of whom frequented Ruby’s nightclubs — had to be on his list.

“There was always the possibility that he did it because someone put him up to it,” said Griffin. “So then the question was, who might put him up to it?”

The Dallas police, said Griffin, “had a personal reason for being angry. Oswald had killed one of their own men. So we knew there was the possibility that somebody had, if not conspired with Ruby, there could at least have been somebody who let him in.”

I asked Griffin about his own relationship with the Dallas police, but he immediately saw through the question.

“Do you know my answer on this?” said Griffin. “You know about Sergeant Dean?”

My own fault. You don’t prosecute a prosecutor. And so we come to Griffin’s version of the Sergeant Dean affair.
#
It was Dallas County District Attorney Henry Wade (the Wade from Roe v. Wade) prosecuting Jack Ruby, and one of Wade’s witnesses was a Dallas police sergeant named Patrick Dean. Dean claimed to have information that Ruby had planned to kill Oswald days in advance — crucial evidence for Wade to prove premeditation in Ruby’s actions.

But Dean also happened to be responsible for security in the same basement where Ruby strolled in unhindered and killed Oswald. And Griffin thought something was off about Dean’s account of the shooting in the basement.

“I took his testimony and he said what he saw and what he knew,” said Griffin. “After he’d given his testimony, we took a break, and during the break I said something to him which essentially was, ‘You don’t know everything that we know.’ And I obviously said something to him about my not thinking that he’d told us everything, and maybe I even said that he didn’t tell the truth.”

According to Griffin, he suggested, in so many words, that Dean might want to talk to an attorney and rethink what he wanted to tell the Commission.

“I said, you know, even things that you might think aren’t significant, in light of other things that we know, may be significant or might tie in somehow,” said Griffin. “That was the basic tenor, thrust of my conversation.”

Griffin’s less-than-subtle suggestion came out of a suspicion he still holds today.

“I believe that Dean saw [Ruby] coming down,” said Griffin. “Dean does mention that he saw Ruby in the line of police officers waiting for Oswald before Ruby shot him. And he gives some indication that he saw him a few feet before he got into the line. My own feeling is that yes, he did see Ruby and he could have taken his own initiative to get Ruby the hell out of there. But he didn’t do it.”

The Dallas authorities responded to Griffin’s challenge immediately, complaining to the Warren Commission that Griffin had threatened one of their cops with perjury.

“Now, in retrospect, I can see how he thought that,” said Griffin. “But I certainly never used any words like that.”

Though he’s unwavering in his belief that Dean’s testimony, in whatever way and for whatever reason, was not the full truth, the retired judge cannot help staying judicious.

“Some people can convince themselves that what they’re saying is true,” said Griffin. “As many times as I’ve thought about taking Dean’s testimony, I recognize that I’m looking at this from 55 years ago. But I know how I feel, and that is he wasn’t trustworthy.”

Ultimately, however, the potential culpability or incompetence of the local authorities doesn’t factor into Griffin’s final analysis of why Jack Ruby did what he did. Instead, it’s a story so bizarre that it seems quite sensible. It’s a story I’d never heard before I sat down in the Panera on Richmond Road. It’s the story of the… I’m sorry, Judge Griffin, what did you call it?

“The Weissman ad.”
Right. The Weissman Ad.

#
On the morning of November 22, 1963, Jack Ruby is just a regular guy trying to submit some newspaper ads for his strip club. It’s the weekend tomorrow, and plenty of upstanding Dallas gentlemen will want to know what delights they’ll be missing if they don’t visit his Carousel Club. And so on November 22, Jack Ruby is at the offices of the Dallas Morning News when he first sees the Weissman Ad.

The Weissman ad as it appears in the Warren Commission’s final report. Photo via Warren Commission Report.

“Welcome Mr. Kennedy, to Dallas,” announces the newspaper ad in big, black letters.

The full-page advertisement then goes on to criticize Kennedy for various policies and actions — real, fake or exaggerated — that seem too soft on communism. The ad’s content, especially looking at it in the political context of 2018, is pretty tame. But the way Burt Griffin tells it, Jack Ruby didn’t care much what the ad said, but who was said to have paid for it.

“The American Fact-Finding Committee,” it reads at the very end. “An unaffiliated and non-partisan group of citizens who wish truth. Bernard Weissman, Chairman.”

Shortly after seeing this ad, Jack Ruby learned the president had been killed, and according to Griffin, the Weissman ad and the assassination of John F. Kennedy may have somehow conjoined in his mind. In Griffin’s theory, Ruby got it into his head that not only were the people responsible for the Weissman ad also responsible for the assassination, but the group’s use of the name “Weissman” was meant do direct blame for the killing at the Jewish community of Dallas. And so Jack Ruby — who was born Jacob Rubenstein — launched a one-man investigation into the JFK assassination to prove the innocence of his people.

“[Ruby] proceeds to spend much of the next two days trying to find Weissman,” said Griffin. “He’s a great researcher. He looks in the telephone directory and can’t find Weissman’s name.”

Ruby goes to the synagogue and asks his rabbi if he’s ever heard of Weissman. No luck there. He checks a street directory. Still no Weissman.

“Ruby’s spending a great amount of time trying to find Weissman and becomes convinced that Weissman doesn’t exist,” said Griffin.

In Griffin’s theory, the presence of the name Weissman on an anti-Kennedy ad appearing on the same day as Kennedy’s murder, as well as the questionable existence of Weissman himself, all seem to confirm in Ruby’s mind that someone is trying to link the assassination to the Jews of Dallas. In this scenario, Griffin sees a motivation for Jack Ruby’s actions: to protect his people from reprisal by taking justice into his own hands.
The path that Griffin’s version of Ruby takes from a newspaper ad to murdering Lee Harvey Oswald is convoluted, but not unconvincing. And few people have spent more of their life than Burt Griffin (225 days, according to Philip Shenon’s A Cruel and Shocking Act) studying Jack Ruby. So I asked Griffin the obvious question: Was Jack Ruby mentally ill?

“Ruby was mentally ill. By the time his trial came, Ruby was mentally ill,” said Griffin, with a caveat. “Would Ruby’s obsession about this whole thing, about the anti-Semitism… be considered mental illness at the time it occurred? I don’t know.”

For evidence that Ruby’s fear of anti-Semitism in Dallas was valid, Griffin suggests you look no further than Ruby’s murder trial.

An armed Jack Ruby approaches Lee Harvey Oswald in the basement of the Dallas Police Department. Photo via Wikimedia Commons.

“What happened to Ruby, total injustice,” said Griffin. “Ruby was indicted not as Jack Ruby, but as [Jack] Rubenstein, AKA Jack Ruby, even though he had… legally changed his name in the late 1940s to Ruby.”

Not only did the prosecution seem to be capitalizing on Ruby’s former, more Jewish name, Ruby was alleged to have planned the killing of Oswald days in advance, even though he was simply out and about, sending off money orders to strippers he employed, and left his dog in his car when he strolled with remarkable ease into the Dallas police basement. All of this would seem to indicate Ruby’s actions were neither part of a conspiracy, nor premeditated at all. He saw an opportunity for vigilante violence and took it.

Ultimately, errors in Ruby’s original trial drove the Texas Court of Criminal Appeals to reverse judgement in his case and order another trial in a different county. Ruby died before his second trial could take place.

Here you might think there’s a loose end. OK, not just one loose end, this is the JFK assassination after all. But what’s the whole deal with the American Fact-Finding Committee and its chairman, Bernard Weissman, the man who didn’t exist? Well, it turns out he did exist. He just didn’t live in Dallas. Weissman was just out of the Army, and along with five other veterans, he organized the American Fact-Finding Committee as a right wing organization to steer the conservative movement in the United States.

As part of their efforts, the small group sent emissaries to Dallas, which they considered, said Griffin, “the center of right-wing activities in the United States.” There the nascent political organization made contact with retired General Edwin Walker, a prominent anti-communist, segregationist, right-wing political leader. And in April of 1963, Lee Harvey Oswald tried to shoot Edwin Walker through his dining room window.

“The next part I’m gonna tell you we didn’t even know,” said Griffin. “And that is that after Oswald shot at Walker and missed, there was a wave of anti-Semitic violence in Dallas because the supporters of Walker were convinced that Jews were the ones that shot at Walker. So there’s this ironic connection between all of this kind of stuff.”

Are we all together now? I know there were some twists and turns there, and I can understand if some of us fell off the wagon, as it were. I can only tell you that, listening to the recording of this interview at the Panera on Richmond Road weeks later, I personally sound flabbergasted — a word I do not use lightly.

At some point I said to Griffin, “It all seems like a series of coincidences that’s easily spun into a conspiracy.”
“And yet,” replied Griffin. “The message here is that so much of important events can be the product of coincidences. Because it’s very clear that these people are all acting without any knowledge of each other.”

To Griffin, the influences of anti-Semitism on Jack Ruby’s behavior that week in 1963 make more sense than an assassination plot. They were also understated in the final Warren Commission report, spawning hundreds of conspiracy theories. If you don’t have the context, it’s easy to assume Jack Ruby was a pawn in a labyrinthine conspiracy. It’s almost the only thing that makes any sense. At least that’s what I thought before I sat down at the Panera on Richmond Road, with little to no knowledge of Ruby’s mental health, his Judaism, and his legitimate fear that anti-Semitic violence might lurk around every corner.

“This whole business about Ruby fearing anti-Semitism, there are a lot of valid reasons why Ruby would feel that way,” said Griffin.

“Now that’s something…” said Griffin before trailing off. “We could not write the Warren Commission report about that. There’s no way we could write this.”

And so the final report of the Warren Commission was without context, a terrifying, pressurizing context that might’ve mattered to Jack Ruby, and so it should matter to those of us who want to understand him and every other part of the president’s murder.

“As an important fact as racism is to this country’s history, to blacks and whites, anti-Semitism…” said Griffin, before looking up at me. “Look, your family, on what, your mother’s side? Irish Catholics, the prejudice that Catholics and the Irish faced in this country. And all you’ve got to do is have once incident of this in your life and you can never forget it. It’s like the one incidence of sexual assault. You don’t forget these things, and you remember who did it.”

At some point during his explanation of Ruby’s motives, Griffin was cut off by more friends who just happened to be passing through the Panera on Richmond Road.

“Hey Linda,” said Griffin. “Do you want to come over here and tell my friend whether you think there was a conspiracy?”

Over to our table walked Linda Rocker, yet another retired judge from the Cuyahoga County Common Pleas Court. “You would give me the opportunity,” said Judge Griffin to Judge Rocker, “to introduce him to sane people who think there was a conspiracy.”

It turns out that Rocker doesn’t totally buy Griffin’s theories.'

“I mean, including the Jack Ruby thing, where he supposedly acted because he was worried that Jews would be nailed for the assassination… he was either a complete nutcase, which he may have been, I mean Burt makes a good argument that he was not a picture of sanity,” said Rocker. “Or he had other connections with the Mafia in particular and he was gonna do that or he was gonna get shot down and go away.”

My God, I love how Clevelanders talk.

Judge Rocker has a hard-boiled, person-on-the-street view of the whole thing, the same sort of view I had before I talked to Griffin. The sort of view that slaps you when you start to disregard the idea of an obvious conspiracy in favor of a messy, demoralizing, horrifying coincidence.

“As former judge on the same bench as this guy,” said Rocker. “I’ve come to the conclusion that there really is no such thing as coincidence.”

Judge Griffin and the Man Who Killed the Man Who Killed Kennedy | Part 3

 November 24, 2018 5:00 pm Jesse Bethea]

President John F. Kennedy was assassinated 55 years ago this week. Retired Cleveland Judge Burt Griffin was part of the team that investigated what happened. 

Part 1 of this story can be found here, and Part 2 can be found here

“It was superficial,” said Burt Griffin of the Warren Commission’s final report, presented to President Johnson and the public in September of 1964.

The report’s final conclusion, of course, was that there was no evidence of a conspiracy to kill John F. Kennedy, and Lee Harvey Oswald did it. He had all the signifiers we recognize today — a troubled loner with delusions of historic greatness. If it had happened today, we’d all have Twitter fights over whether to call him a terrorist or an active shooter or what have you, nothing would be solved and no one would be satisfied. And that’s more or less how it went back then too.

Judge Burt Griffin holds a framed photograph of the Warren Commission members. Photo by Jesse Bethea.
“Frankly I was prepared, if people had started to criticize us… to be somewhat supportive of those people,” said Griffin. “That’s one of the reasons I’ve gone to a lot of their conspiracy conferences, because I want to know who these people are. But they’re so much obsessed with things that are completely wrong and some of them lie completely… I’ve felt it’s so much better to spend my time trying to point out where these people are horribly off-base or complete liars.”

With the final report written and the Warren Commission disbanded, Griffin returned to his old law firm in Cleveland. He would go on to join the Cleveland Legal Aid Society as that group’s executive director, and then two years later he was asked to lead the Legal Aid Society for the entire country.

“But then a major change came to my life, because my wife suddenly died of leukemia,” said Griffin. “I mean it was like, she died two days after she was diagnosed. Our kids were then five and eight.”

Lee Harvey Oswald’s mugshot. Photo via Wikimedia Commons.

Once again, Griffin left Washington and came back to Cleveland, now as a single father. Ten years after John F. Kennedy’s murder, Griffin wasn’t dwelling on the assassination or the Warren Commission. Though he knew the final report was superficial, he was confident in its conclusion that Lee Harvey Oswald was the lone gunman, and that his death at the end of Jack Ruby’s gun was the result of a coincidence — perhaps a series of them. And coincidence was not done with Burt Griffin.

As part of his patient willingness to engage with conspiracy theorists, Griffin agreed to attend a screening of the 1973 JFK assassination thriller Executive Action. Griffin sat through the film, which depicts a right-wing cabal plotting to kill Kennedy, and was asked to speak afterwards. He told the audience that the most accurate scene of the movie was one in which Lee Harvey Oswald buys a car. The rest was nonsense. And after that was over, Griffin met a very good friend of the filmmaker’s wife.

“She came up to me and I thought that she kind of winked and smiled at me and so forth, so I wanted to meet her,” said Griffin. “The result of that was I got invited over to someone else’s house for dinner with her and I’ve never seen anybody since.”

They’ve now been married for 43 years.

“So, that was the coincidence from the Warren Commission that changed my life.”

Not long after that, the people of Cuyahoga County elected Burt Griffin to the bench.

“You only get these jobs because you have name confusion,” said Griffin. “Anybody who claims that he or she is a judge because they’re some outstanding person is not truthful.”

Over the next 30 years, Griffin used his position to push for community service sentencing, mental health court dockets and counterbalancing prosecutorial aggressiveness, largely distancing himself from tough-on-crime theatrics.

“I was very interested in sentencing reform,” said Griffin. “And that’s one of the reasons I never had any great ambition to do anything else.”

I asked Griffin if his time on the Warren Commission ever influenced his career or his decisions as a judge. He looked off and thought for a moment, letting the sounds of a normal Monday in the Panera hang in the air.                                                         

“I think it helped me get elected.”
#

It wasn’t even a month after Burt Griffin and I had this conversation that a man walked into a Pittsburgh synagogue and shot 11 worshipers to death. The gunman was apparently motivated in part by an anti-Semitic conspiracy theory that the Hebrew Immigrant Aid Society was importing “invaders” to the United States in the form of Latin American refugees.

But as Griffin and I sat across from each other in the Panera on Richmond Road, we knew nothing of what was coming. We lived in a simpler time, with only all the rest of this country’s political violence to trouble us. Mass and micro shootings alike, all the way back to the beginning.

“We’re so proud of our democracy, but we’re like a banana republic,” said Griffin. “No other country that I know of in the world has had four presidential assassinations, so what kind of great democracy are we?”

The cover page of Judge Burt Griffin’s manuscript on the JFK assassination. Photo by Jesse Bethea.
When Griffin first set out to write his book, he envisioned a reexamination of all the presidential assassinations of American history — Abraham Lincoln, James Garfield, William McKinley and John F. Kennedy. But amid all that presidential killing — and all the other killing besides — Griffin knows the Kennedy assassination is the one that haunts us still. Perhaps in more ways than we’re comfortable with.
“This is, for you and people your age, the same thing that the McKinley assassination was for me,” said Griffin. “This is interesting past history. But the danger that I see in this is that by building up this idea that we can have a conspiratorial world, we foster this type of conspiratorial mentality, rather than getting people to say, hey let’s look at a lot more details.”

The details will get you after a while, and poke holes in your precious conspiracy theory. The details and the coincidences.

“Like it didn’t rain that day,” said Griffin. “If it’d been raining, the top would’ve been up in the goddamn limousine.”

Lee Harvey Oswald’s mugshot. Photo via Wikimedia Commons.

No, it didn’t rain that day. It didn’t rain that day, and our government could not have orchestrated 9/11 in secret. The Clintons did not organize a global child prostitution network. The migrant caravan is but a caravan of migrants. And Lee Harvey Oswald was neither a patsy, nor an agent of some foreign government, nor an agent of our own government. He was an angry, disturbed young man with a gun. And when has such a person ever brought terror down upon our nation?

Conspiracy theories are extremely useful for reinforcing one’s political outlook. The JFK assassination is a perfect example. If you are a leftist, Oliver Stone type, your JFK conspiracy might implicate the vast military industrial complex. If you’re more conservative, Oswald’s Marxist sympathies and his stint in the Soviet Union might become the focal point of your conspiracy theory. Either way, it’s always your adversaries who did the bad thing. Wake up, sheeple, and all that.

But a conspiracy theory also comforts while professing to discomfort. The idea that a mythical They are pulling the levers of the universe is meant to be a wake-up call, but really the illusion of order helps many of us sleep at night. The conspiracy theory promises that all the terrible things are part of a plan, all has been considered and none of the ends are loose. The conspiracy theory promises that our history does not turn simply on the whims of unstable gunmen. The conspiracy theory absolves us of responsibility, because if our society is secretly controlled by dark forces then we are ultimately blameless for our society’s failings.

It didn’t start with the JFK assassination, of course, and it certainly didn’t end there. Violence followed by conspiracy followed by violence followed by conspiracy followed by violence followed by violence followed by violence. Remember when I wrote about the shooting at the Pittsburgh synagogue, just 500 words ago? Since then, 12 people were shot to death in a massacre at a bar in Thousand Oaks, California. The culprit was a 20-something ex-Marine. At least there don’t seem to be any widespread conspiracy theories about this one. Yet.

I don’t know if I expected Griffin to have an answer to any of this. I suppose that would’ve been silly. If someone on the Warren Commission knew how to exorcise conspiracy theories, we wouldn’t be here, would we? Fifty-five years later, Griffin knows the Warren Commission failed. Not in its core mission to find the truth, but in its unspoken mission to disseminate the truth to the public and convince us that the truth was truth.

“We all went back to our jobs,” explained Griffin. “I went back to McDonald Hopkins and went on with my life, but we should have had a process set up, one to respond to these things with real media consciousness… We also needed to have a unit in the Justice Department that made it absolutely clear that if anybody had any new information, they wanted it. And then as they were getting this new information, they should’ve been announcing what their conclusions were.”

This solution, if one can call it a solution, is a grim prospect. Playing whack-a-mole with every single lie that springs forth from every single act of violence seems impossible. OK, “seems” is a cop-out. It is impossible. We can’t have a commission for every shooting, and there are days when it feels like we are all buried under a landslide of violence and lies and somewhere in the debris is a single boulder called the JFK assassination and we can’t even sort that one out.

Judge Burt Griffin wants people to think critically and reject conspiratorial thinking. Photo by Jesse Bethea.
“I toss it back at you,” said Griffin. “Why do journalists feel that when somebody makes an outlandish statement, they’re obliged to publish it? Why don’t they just bury it and say, ‘This is some nut, why should I publish it?’”

That one took me aback. Here I must answer to the judge for all journalists — I don’t always think I am one — with my own philosophy developed not from instruction or experience, but just youthful outlook. Put it another way; I’m a 26-year-old freelancer and Burt Griffin investigated the JFK assassination. I don’t know anything about anything.

But I gave him my opinion. That I, like all journalists, have been on the receiving end of “WHY AREN’T YOU COVERING THIS????” emails. I’ve felt the dueling pressure to ignore what is unimportant but pay more attention to the obscure. Funny how everyone has their own idea of what that means. And then there’s the awkward fact that sometimes the nut who makes outlandish statements is an elected official, and there may be some value in publishing such things if only so the voting public can know that someone who appears on their ballot does, occasionally, lie.

Griffin, to his credit, commiserates. Journalists, he said, are in a “terribly difficult situation.”
“You struggle with the problem,” said Griffin. “How do you know whether I should be believed? I may be all bullshit. It’s true, it’s a very tough job that you guys have. That’s why the more I think about this the more I think the contribution I can make is to some people in academia. Get as many people as possible to be able to think critically.”

If the conspiracy theories are comfort food, critical thinking is the vegetable, and no one has yet figured out how to make the public eat it. Who shot JFK might well be the least of our troubles and frankly, at this point, it’s probably a lost cause anyway.

“I’m prepared to accept the fact that the idea around this event is never going to go away, that there was a conspiracy, that something is being hidden,” said Griffin.

The National Archives possesses the rifle Lee Harvey Oswald used to kill JFK. Allegedly. Photo via Wikimedia Commons.

Still, for all that resignation, Griffin does his part. His book, Searching For Truth In A Political World, is supposed to be just part of the solution — one whack at one mole. He doesn’t expect to make money from it. He wants it to go to history teachers, political science professors, a tool for the next generation to guide them through a world of violence. The book, “which is probably too long,” is Burt Griffin’s final chapter in the Warren Commission report, 55 years later.

It came time, eventually, to shake hands and go our separate ways. We left the Panera on Richmond Road and carried on in our wounded country, one traumatized by violence and the lies that birth violence and the lies birthed by violence. A country that would rather believe a shadowy cabal was responsible for the death of a president than think it was the delusions of an angry young white man.

Not that I can completely fault us for our fantasies. It’s a little bit disgusting that this pathetic little man got to insert himself into our national story. It’s a little bit disgusting that his gun remains in our National Archives, preserved by the same people charged with preserving our Declaration of Independence, not to mention Jackie’s pink dress. It’s a little bit disgusting that we even have to know Lee Harvey Oswald’s name. But the alternative to the Lone Gunman is infinitely worse, because the alternative is a lie.


From the Panera on Richmond Road, it’s about a two-hour drive to Columbus and something like 17 hours to Dealey Plaza. But it turns out it’s only 40 minutes to Kent State. I looked it up later. It’s 40 minutes to Kent. It’s 30 minutes to Chardon. It’s 2018, and none of the gunmen are alone.


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