The United States Supreme Court has officially requested that the Department of Justice file a response to the AARC’s “Hitler plot” lawsuit. The Central Intelligence Agency (CIA) has waived its right to file a brief opposing the AARC’s petition. Now at least one member of the Supreme Court has requested that the Solicitor General, acting on behalf of the Department of Justice, explain why the CIA has not set forth its position on the facts and legal issues raised by the AARC’s petition. The ultimate goal in a petition for a writ of certiorari is to get the United States Supreme Court to issue the writ. The issuance of this week’s (16 July, 2020) request by the Supreme Court places the AARC just one step away from achieving this goal. The challenge of this effort remains a daunting and problematic process, but at least the AARC has reached the very threshold of success. The AARC is encouraged by this development and remains optimistic about reaching the top of this nation’s judicial pyramid.
The AARC will have the right to reply to the Solicitor General’s contentions.
View the Supreme Court’s request to the Office of the Acting Solicitor General by clicking HERE: 19-1273 Response Request.
UPDATE: 22 July, 2020
In response to the above request by the United States Supreme Court, the Acting Solicitor General has asked the Court for an extension for preparations to comply with that request. The government’s response is now due on August 17, 2020.
Acting on behalf of the Assassination Archives and Research Center, attorney Dan Alcorn has replied to the Court in opposition to the requested extension. AARC intends to file a reply to CIA’s response, and CIA’s extension date request allows too little time for a reply before the conference date.
As of 4:00 PM today, the Court has issued a new docket entry, “Motion to extend the time to file a response is granted and the time is extended to and including September 16, 2020.” which has been added for Assassination Archives and Research Center, Petitioner v. Central Intelligence Agency.
Download the Solicitor General’s request for extension: 20200721155706671_Extension Letter 19-1273.
Download AARC’s reply in opposition to extension: 20200722091004458_AARC v. CIA12 AARC response to CIA extension request.
8 June, 2020 Update on AARC’s Petition for Certiorari to the United States Supreme Court
Case no. 19-1273, Assassination Archives and Research Center v. CIA
On June 8, 2020 the Solicitor General of the United States, Noel J. Francisco, filed a waiver of response in AARC’s petition to the United States Supreme Court seeking documents related to new information related to the assassination of President Kennedy. AARC seeks documents related to a briefing of the Joint Chiefs of Staff on September 25, 1963 by CIA Cuban operations head Desmond Fitzgerald. Fitzgerald informed the Joint Chiefs that CIA was studying in detail a parallel in history to develop an approach to dealing with Fidel Castro- the July 20, 1944 plot by German military officers to assassinate Adolf Hitler. One-time CIA Director Allen Dulles was in close contact in 1944 with the German plotters from his position as head of European operations for OSS in Bern Switzerland. CIA denies finding any such records and instead has pointed to the National Archives as a possible source for information. Clear Supreme Court case law holds that federal agencies cannot shirk their duties under the Freedom of Information Act by pointing requesters to another agency of the government, as CIA has done.
Solicitor General Francisco’s waiver of a response is another instance of CIA failing to address troubling facts related to the assassination of President Kennedy. A copy of the waiver is attached. The Supreme Court is likely to take up AARC’s petition before its summer adjournment at the end of June.
AARC v. CIA12 CIA Waiver Letter 19-1273 AARC v. CIA12 CIA Waiver Letter 19-1273
Relevant to the AARC’s efforts to seek the release of critical assassination-related materials being withheld by the U.S. federal government:
In the Supreme Court of the United States. ____________________
Assassination Archives and Research Center,
Central Intelligence Agency,
On Petition for Writ of Certiorari to the United States Court of Appeals for the District of Columbia Circuit _____________________
PETITION FOR WRIT OF CERTIORARI ____________________
This Court granted of a writ of certiorari on February 28, 2020 in case # 19-547, Fish and Wildlife Serv., et al. v. Sierra Club, Inc. That case presents an issue closely similar to one in Petitioner’s case involving the deliberate process privilege under Exemption 5 of the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552(b)(5). The results of the two cases arising from different circuits are in conflict. The Fish and Wildlife Service case presents an issue of compelled release under the FOIA of draft documents for which the government asserts a deliberative process privilege under FOIA Exemption 5. Petitioner AARC’s case involves the Central Intelligence Agency’s successful assertion of the Exemption 5 deliberative process privilege for information reflecting CIA’s search activities in responding to Petitioner’s FOIA request. Petitioner’s FOIA request relates to a matter of public importance- new information about the circumstances of the assassination of President Kennedy.