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Copyright AARC

Bobby Kennedy and the Promise of Rebirth

Robert F. Kennedy delivers his victory speech for the 1968 California democratic primary at the Ambassador Hotel in Los Angeles. Moments later he was shot. (photo: Dick Strobel/AP)

By Bill Simpich, Reader Supported News, 05 June 18

“The key question is to pass beyond the facts of CIA’s operations to the reasons they were established – which inexorably will lead to economic questions:

Preservation of property relations and other institutions on which rest the interests of our own wealthy and privileged minority.

These, not the CIA, are the critical issue.“

— Phillip Agee, CIA Officer

t was 1968.

Bobby Kennedy was running for President.

He offered the opportunity to redeem the terrible slaying of his brother.

Bobby blamed himself for Jack’s death. If it hadn’t have been for the machinations around Cuba, Jack might have still been President.

Bobby was in the middle of those machinations. He had been giving advice to the CIA on how to do its job in Latin America and elsewhere. Many Agency officers did not appreciate his efforts, and said so.

He had his own ideas on how to overthrow Castro – while ordering the Agency to stop working with the Mafia to assassinate the Cuban leader.

He had his own ruthless side. Historian Evan Thomas has described how Bobby considered manufacturing an incident to justify an American invasion in the midst of the Cuban missile crisis.

He also supported his brother when Jack changed tactics and tried to reach rapproachement with Fidel in the summer and autumn of 1963.

In the days after Jack’s death, both Bobby and Jackie Kennedy reached out to the Russians and told them that they believed that JFK had been killed due to a domestic operation.

LBJ didn’t want any part of Cuba after what happened to JFK. He turned to Vietnam.

The escalation of civil rights struggles in the midst of a war economy resulted in a social explosion. LBJ was forced to step down. Bobby found himself being forced to step up.

The question of “who had what” and “who had how much” was on the table.

The Black Panthers were seen doing security at his big city rallies.

He traveled to the Mississippi Delta to learn more about poverty.

Cesar Chavez and Bobby stood together in the Central Valley fields.

Working-class white people embraced RFK as one of their own. He was Irish. His father was a bootlegger.

Religious leaders welcomed him. He was a devout Catholic, fiercely ecumenical.

He was determined to bring an end to the Vietnam War.

In a divisive time, a terrible time, he offered the possibility of healing.

He delivered an incredible oration in Indianapolis that prevented riots in that city during the night that Martin Luther King was killed.

To that largely African American audience, he spoke about Aeschylus, the ancient Greek playwright. Aeschylus is known as the father of tragedy.

Bobby had studied Aeschylus in his attempts to cope with his profound suffering.

Aeschylus worked in a vineyard. He told how the god Dionysus visited him in his sleep. Dionysus commanded him to make tragedy his life’s work.

Aeschylus and his brother Cynegeirus fought to defend Athens during the Persian invasion at the Battle of Marathon. The Athenians triumphed over impossible odds. Cynegeirus, however, died in the battle.

From memory, Bobby quoted Aeschylus to the men and women turned towards him that night.

“He who learns must suffer. And even in our sleep pain that cannot forget falls drop by drop upon the heart, and in our own despair, against our will, comes wisdom to us by the awful grace of God.”

Even now, it is hard to grasp the loss of Martin Luther King. Or Medgar Evers. Or the four little girls in Birmingham. Or Malcolm. Or many other civil rights leaders.

When there was a second Kennedy assassination, it seemed like the end of hope.

Many of Bobby’s followers turned to the right and voted for George Wallace in the general election, a Southern governor who stood for segregation.

What made it even worse – if humanly possible – is that there was no attempt for justice for Bobby.

Everyone knew Sirhan Sirhan had fired a revolver – but the coroner made a critical finding.

“The powder residue pattern on the right ear of Senator Kennedy was caused at a muzzle distance of approximately one inch.”

No one saw Sirhan get closer than two feet from RFK. No one ever saw him get behind Bobby’s head. The acoustics evidence showed 13 shots. There were more than eight bullet holes. Sirhan’s revolver held eight bullets.

The evidence was manipulated by a special police unit led by Manuel Pena, who intimidated witnesses and misconstrued the facts at every turn. Pena had been working on special assignments for the CIA for more than ten years.

The autopsy report showing the “one inch muzzle distance” was not given to Sirhan’s lawyer Grant Cooper until he had already stipulated to his client’s guilt.

Furthermore, Cooper was fatally compromised. The attorney was facing disbarment due to a controversy involving grand jury papers found on his desk while he was on a defense team representing Johnny Rosselli, a key player in the CIA-Mafia plots to assassinate Fidel Castro.

Cooper wasn’t about to rock the boat by putting the government on trial. He used a diminished capacity defense and ignored the second gunman evidence. It was no surprise that this anemic approach failed. Sirhan was convicted for first degree murder and was given life in prison. Why did Sirhan do it? Who were his compatriots? We, the people, learned nothing.

From the seventies onward, the progressive challenge was to fight against succumbing to apathy. Poverty in America went from bad to worse. The forces of military and intelligence took a momentary hit after Vietnam, only to proceed to double and redouble their formidable budgets.

Many progressive organizers were no longer willing to work in national politics – or politics at all.

George McGovern managed to obtain the Democratic nomination in 1972 – only to learn later on that his victory was the plan of the Nixon inner circle. Nixon’s people sabotaged the campaign of the more centrist Ed Muskie.

Remember Lucianne Goldberg – the woman who convinced Linda Tripp to convince Monica Lewinsky to hold on to the blue dress with Clinton’s DNA all over it? During 1972, she succeeded in the outing of McGovern’s vice presidential candidate Tom Eagleton for electroshock treatments, effectively destroying any chance the campaign had to overtake Nixon’s reelection machine.

There was a resurgence of progressive work in the 70s – steadily beaten down and marginalized by the strange terrors of the SLA, the Zebra Killings, and Jonestown. The strange deaths of Harvey Milk and George Moscone. The mysterious assassination of RFK champion Al Lowenstein, one of the only politicians questioning the cause of Bobby’s assassination.

All of these tragedies – from JFK’s death to the shooting of Reagan – had one thing in common: the determined incuriosity of the elected classes and the media. Any organized attempt to investigate these events was waved off as unpatriotic or scoffed at as paranoid.

The result was predictable: A country that no longer knows its history. A nation with little belief in progress, or even the notion of progress. A culture that can be readily manipulated by yet another shock or media event.

The shooting of leaders seemed to end with the shooting of Reagan. The strange events then shifted to “honey traps” – Gary Hart and Bill Clinton were just two men whose careers and reputations took a U-turn. Plenty of Republican and Democratic leaders were taken down in the process. A particularly virulent form of opposition research.

The underground economy of drugs became as large as the visible economy. Arms trading, secret wars, Iraq, Afghanistan – fueled by the powerful tools emerging from Silicon Valley – became the driver of employment. The economy of the middle of the country was hollowed out. Manufacturers fled to the Third World for fewer regulations and cheaper labor. Meanwhile, the cost of real estate on the coastlines of the US and Western Europe spiraled to undreamed-of heights.

Now, in 2018, economic dislocation is the order of the day. Like in FDR’s time.

People in the West now realize what they have in common. In a culture based on possessions, most Americans own relatively little. The last thirty years have seen the biggest transfer of wealth from one social class to another in human history. One percent of the population controls about 40 percent of the resources.

The antipoverty organizer Cheri Honkala likes to say: “The poor have zero. They don’t own anything, so they can’t owe anything. A big portion of the middle class is $80,000 or more in debt.”

It’s no accident that candidates like Bernie Sanders have risen to the forefront. For decades, people on the left did contortions to avoid being called “liberals.” Sanders calls himself a “democratic socialist.” The polls show that enormous sectors of the voting population identify with his description.

In an era where Black Lives Matter, #MeToo, #NeverAgain, Fight for 15, and the Poor People’s Campaign are gaining traction, Bernie Sanders is just about the only socialist member of Congress. It’s hard to describe a more profound disconnect between the state and the people.

It’s also hard to describe a more profound disconnect for my generation, the Boomers. Ever since the Kennedys and the McGovern effort, progressives have been in the political wilderness.

With the aid of a corporate-driven security council, the Carter administration thought it would be clever to create a quagmire for the Soviets in Afghanistan. Then they invited the Shah of Iran to take refuge in the United States. It’s been downhill ever since.

The Boomers began their lives with youthful dreams of utopia. We have now spent our adult lives surrounded by Republicans and Republican-like Democrats. For most of my life, the legacy of FDR being prodded by vibrant social movements seemed as distant as Joan of Arc and the Hundred Years’ War.

The centrist Obama offered a brief moment of hope. Occupy and the social movements that erupted during Obama’s time were far more significant. Bernie Sanders opened the door to something real.

Look at the elections this week. Progressives are rising up around the country. Young working-class veterans are joining the fight, coming from a social milieu that doesn’t usually run for office.

These candidates would be getting nowhere without the emerging social movements. These movements are led by people of color and the millennials – the essential ingredients for lasting social change.

Last week, RFK Jr. called for a new investigation of his father’s death, stating that he was now convinced there was a second gunman. His call was joined by his sister, former Maryland, Lt. Governor Kathleen Kennedy Townsend.

The Kennedy family, for understandable reasons, has historically been reluctant to endanger any more family members by taking a position on this explosive question. Many Americans ask a related question: What’s the point?

On one level, it’s important to know everything we can know. Only then can we move on. On another level, it always comes back to the same thing.

Until a culture is willing to look into its heart of darkness, and grapple with its own weaknesses, nothing much is going to change. The only way to move forward is to face the greatest fears and come to terms with the hardest parts of reality. It’s nothing less than what Carl Jung, Joseph Campbell, and others call the hero’s journey.

It’s no different than looking at the history of racism or the roots of war. When you look at the life of Bobby Kennedy, there is one distinguishing characteristic – and it’s not his heroic death.

Bobby took the hardest blow that anyone can imagine – the assassination of his brother – and rose up to fight again. His power – his passion – is the heart of his hidden legacy. What Bobby Kennedy offers to all of us is the promise of rebirth.

VISIT READER SUPPORTED NEWS

 


 

Bill Simpich is an Oakland attorney who knows that it doesn’t have to be like this. He was part of the legal team chosen by Public Justice as Trial Lawyer of the Year in 2003 for winning a jury verdict of 4.4 million in Judi Bari’s lawsuit against the FBI and the Oakland police.

Filed Under: Uncategorized

AT THE CIA, IMMORALITY IS PART OF THE JOB by Fay Vincent

Filed Under: Uncategorized

Doc.. 26. Reply in Support of AARC’s CMSJ & Opp. to CIA’s MSJ (180220)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

Civil Action No. 17- 00160 (TNM)
____________________________________
ASSASSINATION ARCHIVES AND :
RESEARCH CENTER :

Plaintiff,

v.

CENTRAL INTELLIGENCE AGENCY :

Defendant.
____________________________________ :
AARC’S REPLY IN SUPPORT OF AARC’S CROSS-MOTION FOR
SUMMARY JUDGMENT TO REQUIRE CIA TO PERFORM AN
ADEQUATE SEARCH AND RELEASE NON-EXEMPT RECORDS, OR
PORTIONS

Case 1:17-cv-00160-TNM Document 26 Filed 02/20/18 Page 1 of 17

TABLE OF CONTENTS
Page No.
PRELIMINARY STATEMENT………………………………… 4
A. CIA reveals that its Chief Historian participated
in responding to AARC’s request, and CIA ignores
President Trump directive…………………………………… 4
ARGUMENT…………………………………………………… 6
A. CIA’s Search was Inadequate……………………………. 6
B. CIA’s Vaughn Index is Deficient……………………….. 11
C. CIA’s b(1) Exemption Claim Fails……………………… 13
D. CIA’s b(3) Exemption Claim Fails………………………. 14
E. CIA’s b(5) Exemption Claim Fails………………………. 15
F. CIA’s b(6) Exemption Claim Fails………………………. 15
CONCLUSION…………………………………………………. 16

TABLE OF AUTHORITIES
Federal cases
Founding Church of Scientology,Inc. v. Nat. Sec. Agency,
610 F.2d 824 (D.C.Cir.1979)……………………………………… 7
King v. United States Department of Justice ,
830 F.2d 210, 218 (D .C .Cir .1987)………………………………. 11
Neugent v. U.S. Dept. of Interior (Neugent),
640 F.2d 386,391 (D.C. Cir. 1981)…………………………………. 11
Reporter’s Committee for Freedom of the Press v. FBI,
877 F.3d 399 (D.C. Cir. 2017)…………………………………….. 7,8,9
Truitt v. Department of State,
897 F.2d 540 (D.C.Cir. 1990)……………………………………… 7
Vaughn v. Rosen,
484 F.2d 820, 824-825 (D.C.Cir. 1973)…………………………… 11,12
Rules and Statutes
Freedom of Information Act 5 U.S.C. Sec. 552(a)……………………. passim
National Security Act of 1947, 50 U.S.C. Sec. 3024…………………. 15
Miscellaneous
Executive Order 13,526 ……………………………………………….. 13,14

Plaintiff AARC replies in support of its Cross-motion for summary judgment
(ECF #21) and incorporates by reference the arguments and evidence supporting
its own Cross-motion and will not restate them here except as necessary for
clarification and emphasis.

PRELIMINARY STATEMENT

A. CIA reveals that its Chief Historian participated in responding to AARC’s
request, and CIA ignores President Trump directive.

CIA in its response to AARC’s cross-motion attempts to minimize the
significance of the records requested, but contradicts this position by revealing that
the Chief Historian of the CIA (David Robarge) was personally involved in
formulating CIA’s response to AARC’s FOIA request.1 According to CIA, Chief
Historian Robarge advised on Agency-wide searches in response to AARC’s
request and searched his own files for responsive records, due to his familiarity
with the subject matter. See pp. 3-4 of text of CIA’s Reply and Opposition, ECF #
24. However, there is no declaration by Robarge submitted by CIA. This
omission requires further exploration by way of a deposition of Robarge on his
participation in this search.

1 CIA Chief Historian Robarge authored a report in 2013 in which he contended that CIA
Director John McCone was at the heart of a “benign cover-up” of the assassination of President
Kennedy by withholding information from the Warren Commission about CIA plots to
assassinate Fidel Castro. “Yes, the CIA Director Was Part of the JFK Assassination Cover-Up”,
Politico Magazine, Philip Shenon, Oct. 6, 2015, attached as Exhibit 1.

CIA’s response is curiously silent on the October 2017 directives by President
Donald J. Trump cited in AARC’s brief that agencies should, in the public interest,
expeditiously release the maximum amount of material related to the assassination
of President John F. Kennedy, as are the records at issue. Trump Directive cited at
pp. 11, 27-28, AARC cross-motion, ECF #21. CIA does not even acknowledge
these cited instructions from the President even though he is the officer of the
government with authority over CIA and these issues. The Court should treat the
CIA’s silence as a concession that the President has directed prompt release of
such material, as he has in fact done, demonstrating the high public interest and
significance of the information requested. As set forth in AARC’s cross-motion,
the information requested relates in part to U.S. government efforts to overthrow
Fidel Castro in Cuba in the fall of 1963. Such activities have been the subject of
multiple government investigations to determine if there is a relationship between
such activities and the assassination of President Kennedy on November 22, 1963,
including CIA Chief Historian Robarge’s 2013 report finding a CIA “benign
cover-up” of such activities. See footnote 1.

Further, President Trump has recently utilized the public interest provision of
Executive Order 13526 to release Top Secret classified information in other
contexts, in particular release of the House of Representatives Intelligence
Committee report on compliance with the Foreign Intelligence Surveillance Act.

Statement of White House Counsel McGahn, February 2, 2018, attached as Exhibit
2. Clearly the President is the responsible officer of the government on issues of
classification and release of classified documents. CIA must acknowledge
President Trump’s directives to release JFK assassination related material such as
the information requested in this case, and demonstrate it has complied with them.
CIA entirely fails to explain its confused and contradictory handling of the
multiple searches in this case, instead stating the barest possible explanation at the
end of a footnote that this confusion was the result of “administrative error” with
no further explanation. 3rd Shiner Decl. p. 2 n.1 ECF # 24-1. CIA’s inadequate
response leaves unresolved material issues of fact that preclude a grant of summary
judgment to the government. AARC must be allowed to take discovery on the
searches as requested, including a deposition of CIA Chief Historian David
Robarge, who has been injected into this matter by CIA’s latest filing as a key
participant in the search, thereby opening the door to exploration of Robarge’s role
in this case. Further CIA must acknowledge the instructions of its superior officer
in the government, President Trump, and explain what it is doing to carry out his
instructions.

ARGUMENT

A. CIA’s Search was Inadequate.

When the adequacy of the agency’s search is in dispute, summary judgment for
an agency is inappropriate as to that issue. See Founding Church of Scientology,
Inc. v. Nat. Sec. Agency, 610 F.2d 824, 836-37 (D.C.Cir.1979).If doubt exists as to
the adequacy of the search, Truitt counsels, “summary judgment for the agency is
not proper.” Truitt v. Department of State, 897 F.2d 540 (D.C.Cir. 1990). In this
case, as noted above, there is growing substantial doubt as to the adequacy of the
search.

The Court of Appeals has recently emphatically restated that decisions in this
circuit have long held that declarations must describe in detail how searches were
conducted, including search terms that were used, and results yielded in the search
of each component of an agency. Reporter’s Committee for Freedom of the Press
v. FBI, D.C. Circuit Case No. 17-5042, 2017 WL 6390484 (D.C. Cir. Dec. 15,
2017) pp. 7-8 slip opinion, 877 F.3d 399 (D.C. Cir. 2017).

In this case, CIA has still failed to state all of its search terms, and is hiding the
results yielded by searches of agency components. Further, CIA apparently has
not searched under the most relevant search terms, “July 20 plot” and “plot to kill
Hitler” despite AARC calling these terms to their attention in its cross-motion.
Nor has CIA searched the terms “Joint Chiefs meeting September 25, 1963”,
‘Rolando Cubela”, or “Castro overthrow” or “Manuel Artime”, “Desmond
Fitzgerald”, or “Walter Higgins” as suggested in AARC’s cross-motion. As noted
above, CIA now points to the involvement of its Chief Historian David Robarge in
this search, but provides no declaration from Mr. Robarge documenting his search
activities. Nor has CIA documented what it has done to comply with President
Trump’s directive to release the maximum amount of material related to the JFK
assassination, as set forth above. As the Court of Appeals made clear in its recent
Reporter’s Committee opinion, summary judgment for the agency is not
appropriate in such circumstances, and instead AARC’s cross-motion for summary
judgment on the search issue should be granted.

First, CIA has provided contradictory information as to the results of its search,
initially claiming it found no records, then withdrawing that letter as sent in error,
then reinstating that letter, and finally conducting another search once litigation
was initiated that found responsive records. CIA’s only explanation of these
problems is a short footnote calling them “administrative error’ without further
explanation. 3rd Shiner Decl. p. 2 n.1 ECF # 24-1. AARC must be allowed to take
discovery on these searches and errors, including the deposition of CIA Chief
Historian David Robarge, who CIA reveals was involved in formulating and
conducting the searches in this case and himself has authored a report finding a
“benign cover-up” by the CIA of the JFK assassination. See footnote 1.
Second, CIA withholds the crucial information that would document its search
and search results, by withholding the contents of five documents that record the
search process. Instead of adequately documenting the search, CIA has taken the
opposite approach and is actively hiding the breadth and results of the search.
Such active withholding of relevant information to the search issue makes
summary judgment for CIA inappropriate under the recent Reporter’s Committee
decision. The Court has authority under FOIA 5 USC Sec. 552(a)(4)(B) to make a
de novo review of the handling of plaintiff’s request and such review includes
knowing how the request was handled by employees of the government.
Third, the documentary record of the Higgins Memorandum evidences the
likelihood of more of a documentary record than CIA has produced to date. The
Higgins memo records a briefing of the Joint Chiefs of Staff of the U.S. military by
the CIA’s head of Cuban activities during a period in which the U.S. relationship
with Cuba was one of the highest priority items of U.S. foreign policy. The CIA’s
detailed study of the 1944 plot to kill Hitler in order to develop an approach to
Fidel Castro was therefore one of the most important activities of the U.S.
government at that time. Yet CIA has failed to produce any such records or
explain the failure to do so. CIA attempts improperly to reverse the burden it
carries under FOIA 5 USC Sec. 552(a)(4)(B) and impose it instead on plaintiff.

The FOIA statute is clear that the burden is on the agency to justify its actions in
response to a request, not on the requester to prove otherwise.

AARC has supplied CIA with explicit leads and information to assist its search
and CIA is required to follow up on those leads. Reporter’s Committee v. FBI, p.
14. In addition to the explicit references in the Higgins Memo, AARC has
provided references to the Church Committee investigations and an unrebutted
declaration from author William E. Kelly, Jr. as to his findings as to places where
the plot to kill Hitler appears in the circumstances surrounding the assassination of
President Kennedy. FOIA requires CIA to pursue those compelling leads and
information and does not require AARC to prove what CIA has in its possession
but cannot or will not find.

Fourth, it is illogical and contrary to history that the CIA has only one record
related to the 1944 plot to kill Adolf Hitler, which CIA director (and Warren
Commissioner) Allen Dulles was in contact with at the time. The fact that the one
document produced in this case, the Propagandist’s Guide, relates to the twentieth
anniversary of the plot to kill Hitler supports the importance of the event. Even an
anniversary was important enough to receive written discussion in CIA records, yet
we are to believe that detailed study of the event to develop an avenue to deal with
Fidel Castro was not important enough to create records. Nor was any record
created about this event in the history of the CIA other than a document related to
the twentieth anniversary. Such a result is illogical and contrary to history.
In addition to ordering a new and competent search, this Court should allow
AARC to conduct discovery on CIA’s handling of this search in the form of a
deposition or depositions of CIA Chief Historian David Robarge and other officials
who conducted the searches and are responsible for the contradictory responses.
Neugent v. U.S. Dept. of Interior (Neugent), 640 F.2d 386,391 (D.C. Cir. 1981)
(holding that discovery sought prior to summary judgment should be answered in
the interests of clarifying the matter).

B. CIA’s Vaughn Index is deficient.

As noted in AARC’s cross-motion memorandum, in King, 830 F.2d 210,218,
“[t]he significance of agency affidavits in a FOIA case cannot be underestimated.”
The reason for this is that ordinarily the agency alone possesses knowledge of the
precise content of documents withheld. Thus, “the FOIA requester and the court
both must rely upon its representations for an understanding of the material sought
to be protected.” Id .The agency’s statements are critical because “[t]his lack of
knowledge by the party see[k]ing disclosure seriously distorts the traditional
adversary nature of our legal system’s form of dispute resolution, ‘with the result
that ‘[a]n appellate court, like the trial court, is completely without the
controverting illumination that would ordinarily accompany a lower court’s factual
determination.” . Id., quoting Vaughn v. Rosen, 484 F.2d 820, 824-825 (D.C.Cir.
1973).

As King also stated: Specificity is the defining requirement of the Vaughn
index and affidavit; affidavits cannot support summary judgment if they are
“conclusory, merely reciting statutory standards or sweeping.” To accept an
inadequately supported exemption claim “would constitute an abandonment of the
trial court’s obligation under the FOIA to conduct a de novo review.” Id., at 219
(citations omitted). This index “must describe each document or portion thereof
withheld, and for each withholding it must discuss the consequences of disclosing
the sought after information.” Id, at 223-224 (emphasis in original).

In this case, the Vaughn index and declaration submitted by CIA are wholly
deficient. They fail to specifically link asserted FOIA exemptions to rationales for
withholding, and instead make blanket assertions for multiple FOIA exemptions.
Since FOIA exemptions were enacted to meet specific factual situations, this
blanket assertion of rationales for exemptions is inappropriate and does not justify
the withholdings.

Further, there is no context given for the Court or counsel to understand the
asserted exemptions. Documents are released related to Propaganda techniques,
yet CIA seems to claim an exemption for these same Propaganda techniques,
which is illogical and inappropriate. Vital information related to the searches
undertaken and the results found are withheld under exemption claims.
Also, CIA has now identified its Chief Historian David Robarge as a key
participant in the search but has provided no declaration by him to document his
activities. Nor has CIA stated what it has done to comply with President Trump’s
directive to release the maximum amount of information related to the JFK
assassination such as the records in this case.

In addition, CIA has not identified a reasonably foreseeable harm to a protected
government interest to justify its withholdings, as required by the FOIA
Improvement Act of 2016, codified at 5 U.S.C. Sec. 552(a)(8)(A). CIA cannot
withhold records and information without making a determination of reasons to
foresee harm to a protected government interest.

C. CIA’s b(1) exemption claim fails

CIA fails to find an exemption from the automatic declassification provisions of
Executive Order 13526 for documents over 50 years in age, and these records must
be released. CIA does not deny that it fails to meet the exceptional circumstances
test of section 3.3(h) of that executive order, as pointed out by AARC in its crossmotion.
Nor does CIA meet the test of section 3.3(j) of that order, which states
(1) The notification shall include:
(A) a detailed description of the information, either by reference to information in
specific records or in the form of a declassification guide;
(B) an explanation of why the information should be exempt from automatic
declassification and must remain classified for a longer period of time; and
(C) a specific date or a specific and independently verifiable event for automatic
declassification of specific records that contain the information proposed for
exemption.

CIA asserts that all information it describes by the general term intelligence
method is exempt from automatic declassification under section 3.3(j). There
could hardly be a more generalized description of information, and it is certainly
not a detailed description of the information nor identification of specific records
as required in subsection (j)(1)(A). Nor has CIA provided a specific date or a
specific independently verifiable event for automatic declassification of the
withheld records, as required by subsection (j)(1)(C) The requirements of EO
13526 section 3.3(j) are not met on this record, rather the 54 year old documents at
issue must be treated as the Executive order states- they must be automatically
declassified for reasons of their age being over 50 years.2
CIA does not deny that the Propagandist’s Guide document does not contain
classification markings that comply with the requirements of Executive Order
13,526 Section 1.6.

D. CIA’s b(3) exemption claim fails

Because the records at issue under exemption b(3) are properly automatically
declassified under EO 13526, CIA’s b(3) exemption claim also fails. As noted, the
2 CIA’s failure to follow the automatic declassification provisions of EO 13526 and its failure to
acknowledge President Trump’s directive to release Kennedy assassination records are troubling.
Both circumstances involve executive authority over the CIA.
Executive order reflects Presidential authority over the CIA on matters of
classification and declassification. Records automatically declassified under the
executive order are properly approved for release and not subject to a b(3)
exemption claim pursuant to the National Security Act of 1947 (“NSA Act”) 50
U.S.C. §3024, which guards against unauthorized disclosure.

E. CIA’s b(5) exemption claim fails

The material withheld under b(5) is the result of CIA’s searches for responsive
records in this matter. CIA asserts that deliberative process should exempt such
material as it contains CIA’s determinations as to whether to release or account for
apparently responsive material. The Freedom of Information Act 5 USC Sec. 552
(a)(4)(B) empowers this Court to make a de novo review of the handling of a FOIA
request to see that it was handled properly under the law. The court must review
these results of CIA’s search to make such a de novo determination. This statutory
provision overrides CIA’s assertion of deliberative privilege because by statute,
CIA’s actions are at issue in this case.

F. CIA’s b(6) exemption claim fails

CIA concedes that the subject matter of this request, the assassination of
President Kennedy, is a matter of very high public interest. Nor does CIA contest
that its handling of the searches in this matter have been confused, contradictory
and in error. CIA does not offer any explanation of these events other than that
they were in “administrative error”. These errors and contradictions add to the
public interest in knowing what the government is doing in responding to this
request. Further, CIA has revealed in its opposition the identity of one of the key
personnel participating in and directing the search- CIA Chief Historian David
Robarge. Obviously CIA felt it necessary to reveal the identity of this officer
because of the public interests in the subject matter of this request. In this context,
the public interest outweighs privacy interests in knowing who else conducted the
searches in question so that they might be deposed as to their knowledge.

CONCLUSION
In consideration of the foregoing and AARC’s memorandum in support of its
cross-motion for summary judgment, plaintiff AARC hereby moves the court for
summary judgment that defendant CIA has not conducted an adequate search for
records responsive to AARC’s FOIA request, and that CIA be ordered to conduct
an adequate search for responsive records, including operational files, and provide
them to AARC. Further, in light of the confusion and admitted error evident in
CIA’s search for responsive records in this case AARC moves that the Court order
that AARC be permitted to conduct discovery of CIA’s search activities and
location of responsive records and that such discovery include taking the
deposition of CIA Chief Historian David Robarge, who personally participated in
and directed the search due to his expertise in the subject matter. Further AARC
prays the Court for an order compelling CIA to release to plaintiff the material
withheld improperly under exemption claims as set forth above.

Respectfully submitted,
__/s/_Daniel S. Alcorn_____
Daniel S. Alcorn
Counsel for Plaintiff
Assassination Archives
and Research Center

James H. Lesar
Co-counsel for Assassination
Archives and Research Center

 

Filed Under: Uncategorized

Destroyed Files

“Routine” Destruction

[Editor’s Note: More of what’s not in the JFK records. This new feature is a work in progress and refers only to materials for which we have documentation of official destruction. Please bookmark this page for periodic updates. Additions may be submitted for review by contacting us at editor.aarclibrary@gmail.com]

 

Bill Simpich – 2 March, 2018

  1. Office of Security subject files

https://www.maryferrell.org/ showDoc.html?docId=102723& relPageId=2&search=%22450_788% 22%20450788

  1. The Army file on Harvey Lee Oswald.  
    HSCA Final Report, I.C.5, p.223
    .

 

  1. HMMS and HMMT documents, which are held for one year and then destroyed.

https://www.maryferrell.org/ showDoc.html?docId=32086# relPageId=5

HMMS (dispatches from headquarters) and HMMT (dispatches from station) are sent mainly to transmit administrative materials.

https://www.maryferrell.org/ mffweb/archive/viewer/showDoc. do?mode=searchResult& absPageId=480784

Some HMMSs and HMMTs for Oct 63-Dec 64 time period may have survived.

https://www.maryferrell.org/ mffweb/archive/viewer/showDoc. do?mode=searchResult& absPageId=480784

 

  1. HMMAs and HMMWs that were either destroyed or “not retrievable”

https://www.maryferrell.org/ showDoc.html?docId=39582# relPageId=2&tab=page

 

  1. Goodpasture:  LILYRIC documents destroyed for space considerations

http://www.maryferrell.org/ mffweb/archive/viewer/showDoc. do?docId=126&relPageId=55

LILYRIC LOGS AND PRODUCTION PRE-4/67 WERE DESTROYED

http://www.maryferrell.org/ mffweb/archive/viewer/showDoc. do?mode=searchResult& absPageId=457431

 

  1. Apparently other destroyed Mexico City photos and documents.

https://www.maryferrell.org/ showDoc.html?docId=29638# relPageId=2&tab=page

 

  1. Some of the contents of Win Scott’s safe, including the “Oswald” tape.

(As cited in Our Man in Mexico)

 

  1. The Secret Service destroyed Protective Service records, among them files on JFK’s aborted Chicago trip in early November 1963.   ARRB Final Report, 8.B.3

 

  1. Possible destruction of US Marines investigation into assassination.  HSCA Volume XI: Possible Military Investigation of the Assassination.

 

  1. 90% of the P (personality) files in storage for the Mexico City station.

https://www.maryferrell.org/ showDoc.html?docId=26374# relPageId=2&tab=page

Luisa Calderon, Eusebio Azcue, and June Cobb P files destroyed…

https://www.maryferrell.org/ mffweb/archive/viewer/showDoc. do?mode=searchResult& absPageId=382994

 

HMMA and HMMW are dispatches to and from HQS and Mexico City station.  (My hunch is that MM stands for Mexico City, Mexico)

HMYA is a dispatch from Monterey.  (My hunch is MY stands for Monterey)

HMMS and HMMT are dispatches – all I know is HMMS is from HQs and HMMT is from “the Station”, and that these suffixes mean that administrative material is being sent.

It looks like both of them are bulky dispatches, containing many pages of material.  I see many cpver letters saying that one of these bulky packages is being sent or has been received, but not the actual doc itself.

There is an HMMT-4085 that was sent on October 10, 1963.  I can’t find “the attached copy,” I’d sure like to know what it is.

Filed Under: Uncategorized

Talbot case: Declaration of William Simpich

Case No. 1:17-cv-00588CRC

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
DAVID TALBOT,

Plaintiff

v.

U. S. DEPARTMENT OF
STATE, and the CENTRAL
INTELLIGENCE AGENCY,

Defendants

 

DECLARATION OF WILLIAM SIMPICH

1. My name is William Simpich. I am over the age of eighteen years; I am
competent to testify in this matter; and I make this Declaration to the best of
my knowledge and memory.

2. I am an attorney admitted to practice in the state of California; the Northern
District of California, the Central District of California, the Ninth Circuit, and
the U.S. Supreme Court. I have been in the active practice of law for the
past 35 years.

3. I have been involved in research and investigation of the assassination of John
F. Kennedy for the past 15 years. I have authored various articles and often
speak at conferences on the subject. I am the author of State Secret, a book
on CIA and intelligence aspects of the assassination available at
https://www.maryferrell.org/pages/Features_Archive_-_2013.html.

4. The fact that CIA works through liaison with the United States Department of
State (“DOS”) to provide diplomatic cover to CIA officers stationed overseas
is a well-known and established fact known to the public from many
declassified records previously released by CIA. As examples of such I have
attached the following exhibits to this affidavit:

a. CIA Document, Comments on Phillips Manuscript, undated, RIF 104-
10105-10103 indicating that CIA’s “Central Cover Staff points out” that
Winston Scott, the CIA chief of station in Mexico City in 1963, “retired
under State Department Cover.” This document not only indicates the use
of State Department Cover by CIA employees and retirees, it identifies the
entity in CIA that dealt with such cover, the Central Cover Staff. The
document was reviewed and declassified in 1998 and is publicly available
on the National Archives and Record Center’s website at
https://www.archives.gov/files/research/jfk/releases/104-10105-

b. CIA Request for Security Certification from Personnel Security Division
from Official Cover and Liaison, 06/27/60, RIF 104-10130-10345 which
indicates that “security certification was provided by CIA to the
Department of State when a CIA officer was working under DOS cover.
The document also identifies two additional CIA offices involved in the
process, “Personnel Security Division” and “Official Cover & Liaison,”
and further indicates that the subject of the request was on a temporary
duty assignment (“TDY”). The document was declassified and released in
full in 1993 by CIA and is publicly available at
https://maryferrell.org/showDoc.html?docId=12080&search=%22securit

c. CIA Request for Security Certification from Personnel Security Division
from Official Cover and Liaison, 07/07/61, RIF 104-10128-10295 which
was declassified and released in full by CIA in 1998 and is publicly
available at
https://maryferrell.org/showDoc.html?docId=15570&search=%22securit
Many other, similar Requests for Security Certification have been declassified and are
publicly available.

d. CIA Memorandum to Official Cover Branch/CCS from Clearance
Division, Office of Security, 06/13/74, Record No.
1993.08.02.10:12:37:370060 indicates that these two branches were also
involved in the process of coordination between CIA and DOS in the use
of diplomatic cover for CIA employees. This document declassified and
released with redactions as part of the CIA Historical Review Program in
1993 and is publicly available at
https://www.maryferrell.org/showDoc.html?docId=102744&search=ccs_

e. CIA Memorandum to Security Advisor/HMAB from Honor and Merit
Awards Board, 11/15/68, RIF 104-10121-10236 indicates that the CIA
Central Cover Staff arranges “appropriate liaison channels to obtain the
State Department concurrence.” This document was declassified and
released with redactions by CIA in 1998 and is publicly available at
https://www.maryferrell.org/showDoc.html?docId=63737&search=%22c

5. A 16 March 1965 Memorandum indicates that CIA had an arrangement with
the Agency for International Development similar to that maintained directly
with DOS. CIA Memorandum for Personnel Security Division from
C/OCD/CCS, 3/16/65, RIF 104-10121-10287, available at
https://www.maryferrell.org/showDoc.html?docId=63751&search=%22central_cover%22+AND+%22security+certification%22#relPageId=2&tab=page

6. In 2011 the U.S. government officially acknowledged that Raymond Davis
who had been detained in Pakistan for shooting two men and held a U.S.
Diplomatic Passport was a CIA employee. Spencer Ackerman, “U.S. Admits:
Jailed Diplomat Actually Works for CIA,” Wired, 2/22/11, available at
https://www.wired.com/2011/02/u-s-admits-diplomat-in-pakistan-jailactually-
works-for-cia/.

7. CIA declassified documents have also revealed that the CIA uses commercial
cover as well. “Commercial cover” is when a CIA employee works overseas
posing as employees of private businesses. See, e.g., CIA Memorandum for
Deputy Director of Plans from Central Cover Staff, 10/14/70, in Record No.
1993.07.24.08:35:20:900310, CIA Security File on E. Howard Hunt available
at
https://www.maryferrell.org/showDoc.html?docId=103901&search=%22wil
This document was found by
searching for the previously disclosed name of the person serving in 1970 as
Chief of the Central Cover Staff, Willard F. Burke. In addition to illustrating
CIA’s use of commercial cover, the document being found by searching for a
disclosed name illustrates how disclosure of such names in ancient documents
can lead to the public gaining further understanding of how the government,
as manifested by agencies such as CIA and DOS, operate.

8. The use of diplomatic cover for CIA officers overseas has been broad public
knowledge since at least the 1970’s. In 1979, for example, it was reported,
“Though rarely proclaimed publicly, the use of diplomatic titles to protect
intelligence officers in foreign countries has long been standard practice for
the United States….The stationing of Central Intelligence Agency employees
with diplomatic titles in American embassies has been discussed openly for
years.” Robert G. Kaiser, “Diplomatic Titles Often Used to Protect
Intelligence Aides,” Washington Post, 12/5/79, available at
https://www.washingtonpost.com/archive/politics/1979/12/05/diplomatictitles-
often-used-to-protect-intelligence-aides/e57eec6c-e41e-4e6d-b193-
1ebab1341dad/?utm_term=.91d68eddbe69. Kaiser goes on to explain that
John Marks’s explanation of how to identify CIA officers under DOS cover
from State Department directories in an article entitled “How to Spot a Spook”
published in the Washington Monthly in 1974 led to the DOS ceasing to
publish the directories.

9. Based on my understanding from my research and review of publicly
available declassified CIA documents overseas duty assignments for CIA
officers, whether long-term or TDY, would have generated documents in the
records of the Office of Security, the Central Cover Staff, the Personnel
Security Division, and Official Cover & Liaison CCD, or other similar or
renamed components, within CIA. While I have not been able to identify
the office or division in DOS handling liaison on these matters, the Kaiser
article discussed above suggests that DOS might fruitfully search records
relating to the Foreign Service Reserve Officers corps for records in the
relevant time period on relevant individuals. I believe it would be
reasonably likely that a search of records of these offices would find
documents relating to a specific CIA employee’s TDY assignments and their
assignments to any overseas station, post, base, unit or other CIA component.

I declare under penalty of perjury that the foregoing is true and correct.
Executed this 14th day of February, 2018.
____________________________________
William Simpich

Filed Under: Uncategorized

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