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CIA to argue JFK lawsuit disclosures have no ‘public benefit’

Barrett Prettyman Courthouse
Washington DC courthouse where federal judges will hear oral arguments about the CIA’s JFK records.

On Monday March 19, a three-judge federal appellate court in Washington, D.C. will hear oral arguments about the “public benefit” of disclosure of CIA files related to the assassination of President Kennedy.

With the release of the last of the U.S. government’s JFK assassination files set for April 26, 2018, the judges have to pass judgement on a still-timely question: is there any public benefit from learning more about the events of November 1963?

Roger Stone’s valid JFK point: CIA is not complying with the law

Roger Stone
Roger Stone,

As President Trump’s April 26, 2018 deadline for release of the last of the government’s JFK files, Roger Stone, the sartorial dirty trickster of American politics, makes a legally valid point:

The CIA is not obeying the JFK Records Act.

Stone pointed out that the 1992 law which required the JFK documents be released also required the agency redacting records to justify their redactions in writing and that those explanations be published in the Federal Register.

Oswald under surveillance: the last JFK secret

WaPo Oswald
The CIA paid close attention starting in 1959.

While JFK researchers seek to come up with an accurate count of just how many JFK assassination files remain secret in advance of the April 2018 deadline for full disclosure ordered by President Trump, we can be sure the number is more than 1,000 and maybe higher than 3,000.

The precise number, however, matters less than what is still secret–and this we know with certainty.

One of the most important JFK stories in the unreleased files is the CIA’s surveillance of Lee Harvey Oswald from 1959 to 1963.

A Senate investigator’s memo, released in December 2017, gives the exact date that the surveillance of Oswald began: November 11, 1959.

This is one of the most important JFK records released in the Trump era, so its details are worth understanding.

Four key JFK files that are still censored

In November I published a piece on the top five JFK files that are still being hidden by the government. Since the one of them, the transcript of James Angleton’s testimony to the Church Committee in September 1975, has been released.

Four other key JFK documents have been released late last year–but with extensive redactions.

They are the files of four officers involved in the surveillance of Lee Harvey Oswald between 1959 and 1963. …

My JFK debate with CIA historian David Robarge

In a November 2017 post for the Washington Decoded blog, the chief historian of the CIA, David Robarge, joined the discussion of the causes of the assassination with JFK researchers.

As I said in my first comment on Robarge’s review of The Ghost, I take his criticism as a compliment. Clearly, my book has struck a nerve with the CIA and those who defend the widely disbelieved theory that a lone gunman killed President Kennedy for reasons known only to himself.

That nerve is the still-unexplained role of Angleton, the legendary counterintelligence chief, in the events leading up to the gunfire in Dealey Plaza.

In his review, Robarge asks

if Angleton was using Oswald for the limited purpose of helping him conduct the molehunt, then why blame him for an ‘epic’ counterintelligence failure by not stopping Oswald?

Let me explain by responding to Robarge’s comments on  four of the most important findings in The Ghost.

1) Angleton and JFK’s assassination

James Angleton
James Angleton testifies

Robarge says that I claim “Angleton and the CI Staff supposedly were, or should have been, preoccupied with Oswald.” He says, “Morley denies that he ever wrote that, but then how can he declare that Angleton’s “pre-assassination interest in Oswald” “indicates his “culpability in the wrongful death of President Kennedy?”

Here’s how. Robarge and I agree that Angleton opened an Office of Security file on Oswald in November 1959, an unusual procedure intended to assist Angleton in the mole hunt. The CIA did not share Angleton’s pre-assassination interest in Oswald with the Warren Commission, the Rockefeller Commission, the Church Committee, or the House Select Committee on Assassinations (HSCA).

Why this material evidence was withheld from investigators is not hard to guess. To admit that senior CIA officers had been following the suspected assassin for four years would have opened the agency up to legimitate questions and investigation. Angleton and others might well have have lost their jobs. So the CIA fed a lie to the Warren Commission–we didn’t know much about Oswald–and the story stayed buried for decades. When the truth could be denied not longer, it was downplayed.

In a 2013 article for a CIA journal, Robarge acknowledged that the CIA had not informed the Warren Commission about its plots to kill Cuban leader Fidel Castro and described this deception as a “benign cover-up.”

I’m not alone in wondering how any CIA coverup in the murder of a sitting president could qualify as “benign,” but I agree with Robarge that it was a cover-up.

The CIA’s failure to disclose Angleton’s pre-assassination interest in Oswald also qualifies a cover-up, which Robarge also seems to view as benign. I’m not so sanguine.

To summarize what I wrote in The Ghost:

Every piece of paper about Lee Harvey Oswald that came into the CIA between 1959 and 1963 was routed into a file controlled by Birch O’Neal, chief of the mole-hunting Special Investigations Group.

As the ex-Marine made his way from Moscow to Minsk to Fort Worth to New Orleans to Mexico City to Dallas, Angleton’s mole hunters in the SIG were informed at each step of the way. And, to repeat a point that Robarge does not care or dare to dispute, as of November 15, 1963, Angleton knew Oswald was in Dallas.

(See my recent Daily Beast piece “CIA Spyhunters Knew Oswald Was in Dallas.“)

And when Oswald was arrested for killing JFK a week later, the CIA concealed the nature of Angleton’s interest–the mole hunts–from the FBI and the Warren Commission.

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