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Judge Tunheim- "I call to order this scheduled public meeting of the Assassination Records Review Board. Thank you all for joining us today at this public meeting that the Board has scheduled for the purpose of deliberating and making a determination of what should be done with the camera original film taken by Abraham Zapruder on the day of the assassination of President Kennedy.
"Let me first, on the record, thank the Department of Justice for permitting us to use this conference room. It's slightly larger than the conference room we have downstairs. [Note- this meeting occurred on the 3rd floor of the building at 600 E St. I have never been on this floor and the Board has never held a meeting on this floor before. It is indeed quite larger than the small conference room used by the Board inside their offices. That room, site of many open meetings of the Board in the past could not handle the 10-15 members of the press and two cameras, one CNN, and lights. Yet, the site of the October 23, 1995 open meeting held on the second floor could fit the press that attended today's open meeting and the public. I assume it was unavailable.] And we appreciate their willingness to let us share their facilities.
"The other thing is a matter of housekeeping that we should take care of first, is to approve what are essentially the minutes of our public hearing on this issue, the transcript that has been provided for the public hearing which occurred on April 2nd, 1997 at the National Archives. Is there a motion to approve?"
Dr. Henry Graff-"I so move."
Dr. William Joyce-"I so move."
Judge Tunheim-"Is there a second?"
Dr. William Joyce-"Seconded."
Judge Tunheim-"It has been moved and seconded that the minutes of the public hearing on April 2nd, 1997 be approved. Any discussion?
(No response)
"Hearing none, all in favor say 'aye'."
All- "Aye".
Judge Tunheim-"Opposed?"
(No response)
"That's carried. Now to get on to the business that we have scheduled this meeting for which revolves around the camera original film taken by Abraham Zapruder on the day of the assassination. Members, do we need to hear anything further from our General Counsel on this issue, who presented a good summary of the issues at our last hearing? Mr. Gunn?
Mr. Gunn-"I have nothing further."
Judge Tunheim-"Mr. Marwell? Anything you have?"
(Responds negatively)
"Okay, members, deliberation, discussion on the issue?"
Dr. Kermit Hall-"Well, Mr. Chairman, I would like to say that I am quite thankful for the testimony that was submitted at our earlier public hearing. I think it did much to clarify the issues. It certainly did for me. And it left me with, I think, really three essential matters to take account of. The first is whether the American people have a legal right to the Zapruder film. And it seems to me on reflection that it is in fact the case that the American people do have a right to the Zapruder film. As I see it, it falls within the bounds of the statute, the legislation that enables our actions today, and it is such that while unique in its circumstances it is nevertheless the case that it is not only a valuable record it clearly falls within the bounds of being in the possession of the government.
"The second issue then that arises in my mind is, if that is true does the Board, is the Board in a position to declare affirmatively for that document, and it seems to me that the Board is in fact in a position to do pre cisely that because it is in the possession of the United States government and it is essential that the Board do so.
"And then third, if that is the case, and I believe it to be the case, then what is the proper means by which to secure that end, and the proper means to secure that end I believe is the declaration by this Board that it is in fact an 'assassination record' and that it should permanently secured as a matter of possession in the archives and that it should also be put in such a status that it will be, that access will be given to the American public to it, and to researchers.
Judge Tunheim-"Are there comments?"
Dr. Anna Nelson-"I think it is interesting to note that we have spent many hours upon this issue because we recognize the ramifications of taking the film and we find the public input very, very useful. But we have spent a lot of time to give it some very, very serious thought and we have, I think, really, finally, come to our best collective judgement upon the decision we will make today. I think it is important for the public to realize that we regard this as very important. Documents are more than just paper. In this instance they refer to film. And I think we tried to give it all of the thoughtfulness and all of the effort that we could. I think that that is important to realize as we proceed today.
Judge Tunheim-"I would just add a couple of more points to those of my colleagues that have been made. One is of the immense importance that I attach, and I think this Board attaches, to the public having access to the images depicted on this film. This film is a film of the assassination of the President, and the public should have free and unfettered access to those images at a fair and reasonable cost. That was really the purpose of the JFK Records Collection Act, was to ensure for the public that they would have access to assassination records. And long term access for me is the most important issue that we need to accommodate and take care of.
"And the second issue, which I also feel important about, feel is very important, and that is that there should be a period of time for the Board to work with the Congress to look at the appropriate, ultimate determination with this film. There are financial ramifications which I think must be considered, or should be considered by Congress. There are also implications relative to the various powers the Board has.
"So I think we do all agree that the original should be placed at the National Archives for the public over the long term and preserved as necessary. But there really should be, in my view, a period of time in which the Congress has to speak as to this issue and to express their intentions as they so wish to the American people relative to the issues of this film.
"Dr. Joyce?"
Dr. William Joyce-"Mr. Chairman, I agree with you and our other colleagues that the hearing we conducted earlier this month was an unusually informative and important explication of the issues surrounding the deposition of the Zapruder film. And it seems to me that we can accomplish two very important purposes. One is to ensure the completeness of the historical record by the appropriate disposition of the film. And the second is, as you stated Mr. Chairman, that the public access and availability of this film for the public is an important means for us to fulfill the legislative mandate to provide the fullest possible documentation to enable the American people to come to their own conclusions on this important matter."
Dr. Henry Graff-"Mr. Chairman, I think that the public aught to concentrate for a second on the fact that we have spent a great deal of time, I am tempted to say an inordinate amount of time discussing this issue, but I hold back on calling it inordinate. We are obliged, we are mandated by law to collect assassination records and this is, I think by anyone's definition, the ultimate assassination record. So if we have devoted this much time and energy to discussing the issue it is justified by what this film represents."
Judge Tunheim-"We should also note for the record that for those who are unaware that this film is being kept in proper archival storage at the National Archives. It has been there for many, many years. So it is being preserved in the appropriate, using the appropriate standards, and that has been important and was factored into the Board's decision."
Dr. Kermit Hall-"And it is the case that this is a unique set of circumstances where we have an agreement that was signed by the Archives with the Zapruders which caries with it some legal implications with regard to the right of ownership and at the same time passes under our legislation which provides that all records [that relate to the assassination] that are in possession of the United States government can and should be passed onto the John F. Kennedy Records Collection. I am wondering Mr. Chairman, if it might not be appropriate at this moment to move a set of resolutions with regard to this matter and in doing so give my colleagues the opportunity to address whatever issues they may wish that causes them conflict."
Dr. Anna Nelson-"I think we can do that as we discuss the various parts of the resolutions.
Judge Tunheim-"Go ahead."
Dr. Kermit Hall-"What I would propose to do then is to offer the following resolutions, "A Statement of Policy and Intent with Regard to the Zapruder Film".
"First, resolved that the Zapruder film is an 'assassination record' within the meaning of the President John F. Kennedy Assassination Records Collection Act of 1992."
"Second, resolved that the Review Board will do all in its power to ensure that the best available copy of the Zapruder film shall become available to the public at the lowest reasonable price."
"Third, resolved that the Assassination Records Review Board offers to work cooperatively with LMH Company to accomplish the following:
(a) make the best possible copy of the Zapruder film available and to be placed in the National Archives and Records Administration for scholarly and research uses.(b) to establish a base reference for the film through digitization, and,
(c) to conduct all appropriate tests to evaluate authenticity and to elicit historical and evidentiary evidence.
"And fourth and finally, resolved, that the Review Board intends to exercise its authority, as formulated in its enabling legislation by directing that the film be transferred on August 1, 1998 to the John F. Kennedy Assassination Records Collection at NARA and that the Review Board will work with Congress to resolve this issue."
Judge Tunheim-"A second to the motion?"
Dr. Henry Graff-"Second."
Judge Tunheim-"Discussion?"
Dr. Anna Nelson-"I think I would just like to say a couple of things, mostly in support. First of all, the reason we are seeking the best available copy is that the Zapruder film itself has aged and cannot be used right now, cannot be seen. We were assured at the public hearing that, however, it can be in the future because of new technology and restored which is how they restore a lot of Hollywood movies. And the other thing, it is important to realize that when the Zapruders put the film in the Archives they did it with an agreement that did not allow the Archives to make any copies at all, and that is, LIFE magazine also kept the film out of the public domain when it owned it, so that our efforts to provide access which we have carried through from the very beginning of our Board in terms of paper documents and anything else we could find is consistent with our desire to make the film accessible. It is very high on our list, as our Chairman noted, but the fact that the, one of the determining factors as we discussed this was our knowledge that the American people when they think about the assassination of President John F. Kennedy bring to mind the pictures in the Zapruder film. I think that all of us have that picture in our minds. This is the film. The importance of it goes beyond how many sprockets or how many frames, whatever. It is a very symbolic piece of evidence.
Judge Tunheim-"Any further discussion?"
Dr. Henry Graff-"I think it should be emphasized that we are aware that there are probable, or possible monetary consequences to our resolutions and that is the reason we are very eager to work cooperatively with Congress to resolve whatever issue or issues emerge from those sets of circumstances." Judge Tunheim-"A couple of comments for my colleagues, I think that this resolution is an appropriate one. It is one that I think, hopefully, will resolve all of the concerns of the individual members of the Review Board. It, hopefully, will ensure access to these images for many years in the future. It will ensure, hopefully, the preservation of the film itself. I think it is fair to the rights of the owners of the film, that issue is an issue that can be, and will be resolved. And I think it also preserves the ability of the Congress to review this matter and take whatever actions the Congress believes necessary. So I think it accomplishes all of those goals which I think are all equally important because the resolution is important.
"Mr. Marwell, anything from you?"
"Mr. Gunn?"
(No responses.)
"Anything further? There being none are we ready for the vote?
Dr. Kermit Hall-"Mr. Chairman, I would like, if my colleagues would agree, that the votes be recorded on an individual basis."
Judge Tunheim-"Very well. We have, we are all ready to vote. The Secretary can poll the individual members of the Review Board on their vote on the issue."
Secretary-"William Joyce?"
Dr. William Joyce-"I vote in support of the resolutions."
Secretary-"Anna Nelson?"
Dr. Anna Nelson-"I vote in support of the resolutions."
Secretary-"Henry Graff?"
Dr. Henry Graff-"I vote in support of the resolutions."
Secretary-"Kermit Hall?"
Dr. Kermit Hall-"I vote in support of the resolutions."
Secretary-"Judge Tunheim?"
Judge Tunheim-"I vote in support."
"All members having voted the resolution is passed by a 5 to 0 vote. Anything further members wish to say, or any further business to come before the Review Board today?"
Dr. Kermit Hall-"Motion to adjourn."
Judge Tunheim-"Is there a second?"
Dr. William Joyce-"Second."
Judge Tunheim-"All in favor of motion to adjourn say 'aye'.
All-"Aye."
Judge Tunheim-"Opposed?"
(No response)
Judge Tunheim-"The meeting is adjourned. Thank you very much."
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