29 January, 2021|The District of Columbia Circuit amended its Judgment to correct an error and the AARC is petitioning for rehearing en banc.
In 2017, AARC filed suit under the Freedom of Information Act in Washington D.C. to obtain documents from the CIA related to its study of the July 20, 1944 plot to assassinate Adolf Hitler to develop a plan to overthrow Fidel Castro in Fall 1963. The basis of the request is a formerly Top Secret Joints Chiefs of Staff memo dated September 25, 1963 found by Bill Kelly.
Memo for the Record, 202-10001-10028, page 3: Joint Chiefs of Staff meeting of 25 SEPTEMBER, 1963. Briefing by Mr. Desmond FitzGerald on CIA Cuban Operations and Planning
The memo records a briefing by Desmond Fitzgerald, CIA’s head of anti-Castro operations. Fitzgerald tells the Joint Chiefs that CIA is studying the plot to kill Hitler in depth to come up with an approach to dealing with Castro. The timing of this study is contemporary to the lead-up to President Kennedy’s assassination, and government bodies that have investigated the JFK assassination have been concerned that such activity may have caused or been linked to the President’s assassination. Doc 1, pg. 3 JCS Briefing, 25 September, 1963
AARC filed a FOIA request in 2012 with CIA asking for information related to the CIA’s study of the Hitler plot to deal with Castro. CIA initially stated they could find no records, then retracted, and said they were still looking. After lengthy delays, CIA reverted to its earlier position and stated it could find no records. AARC filed suit in federal court.
BACKGROUND: UPDATE: AARC FOIA suit on CIA’s 1963 study of plots to assassinate Adolf Hitler
2021 UPDATE: AARC v. CIA13 Petition for rehearing en banc with attachments as filied(1)
APPELLANT’S PETITION FOR REHEARING OR PETITION FOR REHEARING EN BANC
UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT
D.C. Cir. No. 18-5280
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ASSASSINATION ARCHIVES AND RESEARCH CENTER,
Appellant/Petitioner,
v.
CENTRAL INTELLIGENCE AGENCY,
Appellee/Defendant.
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On Appeal from the United States District Court for the
District of Columbia, Hon. Trevor N. McFadden, District Judge, Cv. no. 17-0160
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Daniel S. Alcorn
D.C. Bar No. xxxxxx
xxxx xxxxxxx xxxxx xxxx
McLean, VA 22101
Phone (xxx) xxx-xxxx
Email: xxxxxx@xxxx.xxx
Counsel for Appellant
James H. Lesar, #xxxxxx
xxx xxxxx xxx
Unit xx
Silver Spring, MD 20910
Phone: (xxx) xxx-xxxx
Email: xxxxxxxxxx@xxxxxxx.xxx
Counsel for Appellant
Dated: January 29, 2021
USCA Case #18-5280 Document #1882637 Filed: 01/29/2021 Page 1 of 22