“Jeff, for what it’s worth, I have appeared before Judge Leon several times. I have found him to be fair, honest and willing to step outside the box in needed. I would not prefer any other judge on that court, except perhaps Ricky Roberts.”
The U.S. Court of Appeals hear oral arguments on Leon’s latest ruling in Morley v. CIA on November 6.
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Retired CIA officer George Joannides (left) received the Career Intelligence Medal in 1981, two years after misleading House investigators about what he knew about Lee Oswald. (Photo credit: CIA)
The brief, written by my attorney Jim Lesar, challenges the CIA’s contention that the disclosures forced by Morley v. CIA have no “public benefit.” Understandably worried about the agency’s credibility on the JFK story, the CIA’s lawyers are essentially arguing that the lawsuit is frivolous.
In this video for Black Ops Radio, Dan Hardway, a former investigator for the House Select Committee, talks about the HSCA’s investigation in 1978 and how the CIA obstructed it.
The decision was affirmed by Judges Douglas Ginsburg and Sri Srinvasan.
I’m the plaintiff and I have added my comments:
The Court:
Morley contends that some of the documents turned over—a couple of travel records and a photograph and citation relating to a career medal once received by Joannides—shed some light on President Kennedy’s assassination, but the value of these documents is at best unclear.
Morley: If the CIA wants to clear up the story of George Joannides’ secret operations in 1963, it is free to do so at any time. I hope they will do so before October 25, 2017 when the JFK Records Act mandates the release of the agency’s still-secret JFK assassination-related records.
The Court:
Morley’s request had potential public value. He has proffered—and the CIA has not disputed—that Joannides served as the CIA case officer for a Cuban group, the DRE, with whose officers Oswald was in contact prior to the assassination.
Morley: No one is much surprised that the CIA sees no “public benefit” in talking publicly about certain covert operations in late 1963. That’s politically understandable in Langley. It is not legally acceptable in the context of JFK, says the court.
Where that subject is the Kennedy assassinationan event with few rivals in national trauma and in the array of passionately held conflicting explanationsshowing potential public value is relatively easy.
Morley: This is not a controversial proposition. Full JFK disclosure has public value. The CIA disagrees but the law and Judge Williams and common sense say otherwise.
Mother Jones has an interesting piece on the jurisprudential wisdom of Judge Richard J. Leon, the legal arbiter who sat in judgment of my FOIA lawsuit for JFK assassination records, Morley v. CIA.
George Joannides, chief of CIA covert operations in Miami in 1963, also had a residence in New Orleans, according to the CIA.
In a court motion filed last week, the CIA acknowledged for the first time that deceased CIA officer George Joannides lived in New Orleans while handling contacts with an anti-Castro student organization whose members had a series of encounters with accused presidential assassin Lee Oswald in August 1963.
The unexpected admission came in arguments before a federal court judge about whether the CIA is obliged to pay $295,000 in legal fees incurred during my Freedom of Information Act lawsuit concerning certain 50-year-old JFK assassination records.
In a previous court filing, my attorney Jim Lesar argued that two documents released over CIA objections in 2008 were significant because they showed that Joannides’s espionage assignment took him to New Orleans where Oswald lived.
Ten years ago I filed a lawsuit seeking the records of a deceased CIA officer involved in the events leading up to the assassination of President Kennedy and its confusing investigatory aftermath. …
[This story was published in JFK Facts on June 19, 2013.]
George Joannides, chief of CIA covert operations in Miami in 1963
A federal court ruled Tuesday that my lawsuit for the records of deceased CIA officer George Joannides “serves a public benefit” and ordered a lower court judge to reconsider his decision to deny the award of legal fees.
A three-judge appellate panel declared that Judge Richard Leon had erred in his September 2012 decision that the governnrnent did not have to pay my court costs for 10 years of litigation. In 2007 the D.C. Court of Appeals ruled in favor of arguments made by my attorney, James Lesar, who contended that the Freedom of Information Act (FOIA) obligated the CIA to release more records about Joannides. …
A Justice Department official denied in a federal court filing last month that undercover officer George Joannides received a CIA medal for deceptive actions related to the assassination of President John F. Kennedy 49 years ago but the claim cannot be verified.
Retired CIA officer George Joannides (left) received the Career Intelligence Medal from deputy CIA director Bobby Ray Inman on July 15, 1981. (Photo credit: CIA)
“The CIA has consistently challenged the notion that a career award could be seen as explicit or tacit approval of any one assignment in Joannides’s 30-year career,” asserted Ronald Machen, U.S. Attorney for the District of Columbia, in a brief filed on Nov. 21 in the D.C. Court of Appeals.
Machen’s brief is the government’s latest legal salvo in my decade-old (today) Freedom of Information Act (FOIA) lawsuit over JFK assassination records. At issue are ancient but still-sensitive U.S. government documents related to the murder of President John F. Kennedy on November 22, 1963.
In recent years, the CIA has grudgingly acknowledged that Joannides served as the Miami-based handler of a Cuban exile group whose members who had a series of encounters with accused assassin Lee Harvey Oswald three months before JFK was killed.
The agency also acknowledges that Joannides served as the CIA’s principal coordinator with the House Select Committee on Assassinations (HSCA) in 1978 but did not disclose his role in the events of 1963 to investigators.
“That concealment has fueled suspicion that Mr. Joannides’s real assignment was to limit what the House committee could learn about C.I.A. activities,” wrote reporter Scott Shane of the New York Times in 2009. …
U.S Attorney Ron Machen changes the government’s story.
Why would the U.S. government change its story about the actions of an undercover CIA officer involved in the events that led to the assassination of President Kennedy?
That’s the question raised by the latest court filing by U.S. Attorney Ron Machen in the case of Morley v. CIA.
Judge Richard Leon, now famous for ruling that the NSA’s mass surveillance program is probably unconstitutional, is now considering the final issue in the Morley v. CIA: whether the government has to pay my court costs for 10 years of litigation.
A three-judge panel on the DC Court of Appeals ruled last June that Leon had erred in his September 2012 decision that the government did not have to pay court costs. The appellate court remanded the case to Leon and instructed him to apply a four-part test of the “public benefit” of the material released.
Judge Richard Leon, who yesterday challenged the constitutionality of the National Security Agency’s mass surveillance program, has been hearing my FOIA lawsuit, Morley v. CIA, for the last ten years.
The Times says Judge Leon has a record of wrestling with the government — but not so much when it comes to secrecy claims for ancient JFK assassination records held by the CIA.
In yesterday’s Boston Globe, Bryan Bender reported that Judge John Tunheim, former chair of a civilian review panel in charge of declassifying the government’s JFK assassination records, has called on the CIA to release all of its files on the late George Joannides, a deceased CIA officer involved in the events of 1963 and its confused investigatory aftermath. …
On Tuesday I filed a another declaration with Judge Richard Leon in the case of Morley v. CIA. As a legal document it is a bit dry but it does summarize both the public benefit and the historical significance of what the lawsuit has uncovered.