ASSASSINATION ARCHIVES

AND RESEARCH CENTER

NIX FILM CASE SURVIVES DISMISSAL: ORVILLE NIX, JR., Plaintiff, v. THE UNITED STATES

11 December 2024

UNITED STATES COURT OF FEDERAL CLAIMS

DEFENDENT’S Motion to Dismiss is DENIED

OPINION AND ORDER
Plaintiff Orville Nix, Jr., seeks just compensation under the Fifth Amendment
for an alleged taking of property: namely, a long-missing film of the assassination of
President John F. Kennedy. Am. Compl. (ECF 39). The government moved to dismiss,
arguing that Plaintiff has failed to plead facts sufficient to state a takings claim
within this Court’s statute of limitations. Those arguments fail — at least at the
pleadings stage — so the motion to dismiss is DENIED.

READ the full FOR PUBLICATION decision issued by Judge Steven S. Schwartz by clicking HERE: REPORTED OPINION AND ORDER denying [9] Motion to Dismiss – Rule 12(b)(6) filed by USA. Signed by

LISTEN to DOUG CAMPBELL’S interview with Orville Nix’s granddaughter, GAYLE NIX JACKSON on THE DALLAS ACTION podcast by clicking HERE.

 

9th Circuit Court Denies MFF Interlocutory-Style Appeal

Analysis by AARC president, Dan Alcorn

27 November, 2024

The 9th Circuit decision in the Mary Ferrell Foundation case opens a path for the government to escape scrutiny in the assassination of President Kennedy.  Startling examples of this are documents pursued by AARC related to TSBD building owner D.H. Byrd and his associate Werner von Alvensleben.  Byrd was a large scale defense and intelligence contractor, and his associate von Alvensleben was an assassin for Heinrich Himmler in 1933 Nazi Germany, and a double agent for OSS in World War II.
Under the 9th Circuit ruling government documents related to these persons would not be considered assassination related and covered under the more liberal provisions of the JFK Act.*  Such records would be held secret, as is presently occurring.
As with the Freedom of Information Act before it, the JFK Act has been turned from a transparency law into a secrecy law.
This outcome undermines public belief in the government. The remedy is true transparency.
*********
DOWNLOAD the Court’s decision by clicking HERE:mffvbiden9thcir-interloc-decision

ANNOUNCEMENT FROM THE AARC

Courtesy of Vanessa Thomas, daughter of Dr. Donald Thomas.

It is with a heavy heart that I wanted to let my father’s friends know about his passing away last week.

Don Thomas

Please watch these pages for an upcoming memoriam dedicated to Dr. Donald B. Thomas, Jr.

UN Hammarskjöld investigation: 2024 Report (just published)

 

Courtesy of Dr. Susan Williams:

Investigation into the conditions and circumstances resulting in the tragic death of Dag Hammarskjöld and of the members of the party accompanying him

Attached is the 2024 Report of Justice Mohamed Chande Othman, who was appointed by UN Secretary-General António Guterres to lead the investigation into the tragic plane crash in September 1961 that killed UN Secretary-General Dag Hammarskjöld and the 15 people accompanying him. The 2024 Report has just been published and is available in the six official languages of the UN. The English-language version is attached.

The release of the 2024 Report is accompanied by a timely video:
The 2024 Report advances the collective state of knowledge. At this juncture, Justice Othman assesses it to remain plausible that an external attack or threat was a cause of the crash. Justice Othman notes that the alternative hypotheses that appear to remain available are that the crash resulted from sabotage, or unintentional human error.
The 2024 Report is not able to reach a conclusion regarding the ultimate cause of the crash. It states that the primary obstacle to reaching any such definitive conclusion is the lack of full disclosure of specific and crucial information by a small number of UN Member States. The report states: ‘the three key Member States that are most likely to hold significant undisclosed information, being South Africa, the United Kingdom and the United States, have not disclosed any new material information since 2017.’ (p 71, para 299)
The 2024 Report makes six recommendations, which are set out in the conclusion and have the support of Secretary General Guterres. The first of these recommends that the UN investigation should continue.