Why the ARRB must be SAVED!
Copyright © 1997 by Joseph Backes
You should be aware that the Assassination Records Review Board (ARRB)
will go out of existence this October. I, for one, do not want that to
happen. This is why I am writing this article. The Assassination Records
Review Board was created by an outgrowth of Oliver Stone's much-maligned
JFK. This movie caused such a stir with the American public that
Washington was forced to do something with the mountain of records that
relate to the assassination of President Kennedy that were not scheduled to
be opened until well into the 21st century. The result of this public outcry
was Public Law 102-526. It was this Public Law that created the
Assassination Records Review Board.
You should know that Public Law 102-526 was signed by President George
Bush only days before the presidential election. The change in
administrations caused quite a considerable delay in the appointment of the
Board members, more than a year after they were supposed to be appointed,
and the ARRB by statute lost one year of their two year life.
A new law had to be created to restart the clock to give the ARRB the
time Congress originally intended it to have. Fortunately, this was done.
This was Public Law 103-345.
The statute also gave the ARRB Board members the ability to grant
themselves an additional year of existence. They have recently done so.
However, their work is nowhere near completed. They need extra time. I
urge you to contact your elected representatives in Congress, and President
Clinton, and beg them to extend the life of this Review Board. I suggest
another five years.
Then-Senator David Boren said at a 1992 press conference that this law would release more than 99.999% of the records. This will not be the case if the ARRB ceases to exist this October.
Representative John Conyers in 1993 said, "A key purpose of the Records
Act is to end unjustified secrecy that has fed speculation about the
assassination and undermined public trust in the institutions of government."
This one agency, the ARRB, is doing the most to restore faith in our
democracy by revealing our largely still hidden history.
I have paid close attention to the ARRB and have written about them extensively. In addition to this Web site, my articles can be read in
The Assassination Chronicles and The Fourth Decade. I have testified before the ARRB twice. I have attended nearly all of their open meetings, public hearings and presentations. I am in the process of reviewing all the documents they have released.
I can assure you that they need more time to do their work. I cite the
following examples:
- We have seen no releases from the JFK Library in Boston as a result
of any Review Board action, despite the ARRB visiting the JFK Library and
holding a public hearing in Boston. This needs some explanation, the Records
Act allowed agencies to determine for themselves what "assassination records" are until such time as the ARRB came into existence and defined the term "assassination record".
The JFK Library did release some material but that was at own their own
initiative. A great deal of material remains to be opened. One of the items
the JFK assassination research community wants released is an audiotape of a National Security Council Meeting held October 2, 1963 in which President
Kennedy discuses his intention to withdrawal from Vietnam. This tape was the object of an editorial by Oliver Stone in Newsweek, October 21, 1996, p. 14, "Was Vietnam JFK's War?"
- We have seen precious little and in many cases nothing at all from
Department of Defense agencies. Peter Dale Scott has written some very
interesting pieces on Oswald's Marine G-2 records that have not been
released.
- The ARRB is not going to review parts the CIA "segregated
collection" created by the HSCA as was revealed at the open meeting October
16, 1996 because of time constraints. The "segregated collection" is a
series of records created by the CIA at the request of the House Select
Committee on Assassinaitons. They are broken down into two main categories, one in hard copy which has about 129,000 pages and the other group is 72 rolls of microfilm which equates to about 163,000 pages. A memorandum of understanding was signed between the Chairman of the HSCA and the Director of Central Intelligence that stated, "Upon termination of the Committee, all materials provided by CIA and examined by the Committee will be kept and preserved within a segregated and secure area within CIA for at least 30 years, unless the DCI and the House of Representatives agree to a shorter period of time."
There are records in the sequestered collection that may pertain not to
the JFK asssassination but to Dr. Martin Luther King's assassination. There
are personnel files, such as Ann Goodpasture's. There are records that may
concern active, ongoing CIA activities. There are records that pertain to
people who have a similar name but were not the person the HSCA wanted
information about, for example the files for two Bob Smiths are there where
the HSCA was interested in only one.
- The ARRB members themselves have repeatedly acknowledged that they
do not have the time to do their job. The time needed to create the
Assassination Records Review Board, hire it's staff and make sure all who
needed to had the necessary security clearances was never addressed in the
original legislation and should not be subtracted from the time of the
Board's life and the task they have to perform.
- The first meeting of the ARRB Tuesday, April 12, 1994 Chairman
Tunheim stated, "This Board does need sufficient time in which to do its
work." This was when the Board met for the first time which was as Dr. Hall,
a Board member, noted 18 months after the original legislation was passed.
The ARRB needed to get emergency funds from the President's Unanticipated
Needs Fund to the tune of $250,000 to get started as they were not then
funded by the Congress.
- Chairman Tunheim again stressed the need for the Board to have the
time it needs to do its job at the July 12, 1994 meeting of the ARRB. The
Board voted to extend its life as the original legislation gave them this
ability. At this time they were to expire in less than 6 months in October
of 1994. The President John F. Kennedy Assassination Records Collection
Extension Act" was passed on October 6, 1994.
- Five days later Dr. William Joyce, a member of the Review Board, asked
Jim Lesar, president of the Assassination Archive and Research Center of the
possible need for prioritizing in creating a definition for the term
"assassination record" at the October 11, 1994 public hearing in Washington,
D.C. because of "the reality of congressional allocations of a budget nature
and time constraints" (emphasis added) see p. 11 of the transcript for this
hearing.
- Chairman Tunheim spoke of how the first year was spent on hiring
and organizing the staff in his introductory remarks at the Boston Public
Hearing March 24, 1995.
- At the October 16, 1996 open meeting Dr. Anna Nelson spoke of how
the ARRB does not have the time to look at everything which, is why they were holding this particular meeting to decide what to do with the "sequestered collection", roughly some 290,000 pages of documents.
- Mr. Steve Tilley, National Archives liaison to the ARRB and the man
in charge of the JFK Records Collection at College Park has commented on
numerous examples of agencies that have assassination material that the
National Archives is still awaiting.
- District Attorney Harry F. Connick of New Orleans is still refusing
to turn over documents from the Garrison investigation of Clay Shaw. This
material was catalogued by the HSCA. Mr. Connick testified to the ARRB on
June 28, 1995 that the reason why some material from that investigation might be missing was because when Garrison lost the election for D.A. to Connick, Garrison staffers took material with them. This was proven to be a lie when a staffer came forward with the grand jury transcripts and stated in a sworn affidavit that Connick ordered the material destroyed. Instead this staffer, Gary Raymond, kept them for more than 20 years before turning them over to a WDSU-TV reporter who then forwarded them to the ARRB. Connick won convictions against Raymond, the staffer and Richard Angelico, the reporter. These convictions were later thrown out.
- Mr. Tilley commented that time was taken up in the creation of
the database that the Act required the Archives to create. "The database
which we devised was required by law to be set up in 45 days. Because of
that it was a fairly simple system...it had to be usable in almost any kind
of hardware government wide...that led to some problems...the computer
problems were part of the problems that led to some of the delays.
- Records the JFK Research Community still awaits:
- Audiotapes and transcripts of 3 telephone conversations
President Lyndon Johnson made. This is developed further in Harold
Weisberg's "Never Again!" p. x-xi, "Contrary to the impression given the
public, the disclosed transcripts were selected with some care. All were not
disclosed, nor by far were all the tapes heard. What was disclosed -and I
have copies of what was-includes no indication of any kind of the three
Johnson phone conversations concerning the Hoover-Katzenbach conspiracy not
to investigate the crime itself. (This concerns the infamous Katzenbach
memo.) Not (Bill) Moyers call to Johnson, not Johnson's immediate call to
Hoover, and not his call to Katzenbach placed as soon as he spoke to Hoover.
Also, not disclosed was Johnson's call made early the night of the day of
the assassination, that according to Hoover's Warren Commission testimony,
directed him to investigate and report on the crime.
- Materials used by William Manchester for his book Death of a
President.
- Materials from foreign governments:
- Minsk, Belorussia, where Oswald lived while in U.S.S.R.
- Japan-Oswald was a Marine in Japan. Dick Russell spoke at the ARRB's public hearing in Boston that the Cabinet Research Office, essentially the Japanese equivalent of the CIA, may have files on Oswald.
- Mexico, particulary an audiotape of a telephone intercept
of someone identifying himself as Lee HArvey Oswald to both the Soviet and
Cuban embassies in Mexico City.
- Holland - Oswald stayed at an apartment in Amsterdam,
reputedly a CIA safehouse, when returning to America from his stay behind the Iron curtain.
- Cuba
- Italy. The alleged assassination weapon was an Italian
Manlicher-Carcano 6.5mm rifle. SIFAR, the Italian armed forces intelligence
service identified the rifle as a 7.35mm rifle in appearance rebarrelled to
6.5mm. These documents in their original Italian would be important to
acquire.
- The Garrison material subpoenaed by the ARRB that D.A. Harry F.
Connick has still not turned over.
There are many, many more examples. We need the ARRB to continue to
exist if the American public is to stand a chance at all of seeing these
materails released to them. Please contact your elected representives in
Congress and President Clinton and urge them to extend the life of the
Assassination Records Review Board.
Don't know who your representatives are? Click here for an easy way of finding out!

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