Saturday, March 30, 2013

Legal Options on the Case of JFK Today

Possible Legal Options on the Case of JFK

1)      FOIA. FOIA requests are made daily and denials have been challenged in court, some cases lasting over a decade (ie. Morley v. CIA), and this option is continuing on many fronts. (Lesar, Zaid, Holland, et al), but it only leads to more records and not justice for JFK.

2)      Congressional Oversight Hearings could call attention to the lack of enforcement of the JFK Act, identify the records that have been intentionally destroyed since the law was passed, require the testimony of those who destroyed the records and investigate the failure of various agencies to abide by the JFK Act. Although this is the easiest road to take, Congress is reluctant to do anything let alone oversee the JFK Act.

3)      Congressional Briefing. If Congress won’t hold an official public hearing, a Congressional Briefing could be organized and presented in a Congressional setting that could influence interested Congressman, their aides and the media and drum up support for #1 – a real Congressional Oversight Hearing on the JFK Act.

4)      Dallas County Grand Jury. Under Dallas D.A. Craig Watkins, the Innocence Project has reviewed the cases of those convicted for crimes and utilizing DNA and other modern techniques, freed many wrongfully convicted persons. It may be possible to show that there are sufficient questions concerning the circumstances of the murder of Dallas policeman J.D. Tippitt, some that exonerate Oswald. There are also a number of new witnesses that could call for a local grand jury be convened to review the evidence and take the new testimony to determine if there is enough to bring any living suspect to trail.

5)      Although it was not a federal crime to kill the president in 1963, it was a federal crime to conspire to kill a federal employee, and if conspiracy can be established a special federal grand jury could be convened to review the evidence. It is also possible to convene a special federal grand jury in Washington D.C. to consider the crimes related to the assassination, including perjury, destruction of evidence and records, obstruction of justice and conspiracy.

6)      Federal Task Force. In order to handle complex cases that cross state and national bounds, a Federal Task Force is formed that includes representatives from each of the major federal investigatory agencies. Such a Task Force could coordinate the investigation of related unsolved homicides such as President Kennedy, John Rosselli, Sam Giancana, et al. The US government however, refuses to properly investigate the civil rights murders of the 60s so it is unlikely they will want to solve any political assassination.

7)      Civil RICO – The RICO statutes were established to prosecute complex conspiracies like mob and mafia controlled gambling rings, prostitution and drug trafficking and organized crime murders. While the Department of Justice will not make the assassination of JFK a RICO prosecution, it could be done in civil court, similar to the Christic Institute’s RICO case against the Iran-Contra network. While there are lawyers with RICO experience interested in pursing this tact, the Christic Institute’s failure in court has stymied any further attempts to use it.

8) Civil Libel Case. The Association of Former Intelligence Officers (AFIO) founded by David Atlee Phillips unsuccessfully sued Liberty Lobby (defended by Mark Lane), Washingtonian Magazine (Fonzi) and UK Anthony Summers. Another libel case is possile if someone can be baited into suing someone.

9) Civil Case of personal injury. Dealey Plaza bystander James Tague was hit in the face by a piece of concrete from a curb hit by a bullet or a bullet fragment shot by the same person who killed President Kennedy and wounded Governor Connally. Tague’s wound drew blood, which would have earned him a purple heart in combat, and it makes him a victim of the same person who killed the President. He could bring a civil suit, but most such personal injury civil suits are based on loss of money or work. Tague could possibly argue that he represents those who feel that the loss of democratic process is just as significant an injury as loss of revenue.

10)      Inquest. The JFK Truth Project is advocating an inquest and has even set a date for one to take place in Washington DC in September, 2014, the anniversary of the release of the Warren Report. Usually an inquest is held by an official coroner, who determines the cause of death, and if found suspicious, criminal prosecution may follow, and suspects are able to defend themselves there.

11)  Other? Have I missed any legal avenue that can be used? If so let’s hear about it.

1 comment:

leostokes said...

My understanding of the limo story is this:
When the limo arrived back in DC the Secret Service agent (in the passenger seat) was named Taylor. He later filed a report that indicated a (bullet?) hole in the windshield. Then he withdrew the report and filed a replacement report with no hole in the windshield. Clearly he must have lied. Is that not a crime? To file a false report? If Taylor were sued, he would explain that his supervisor made him change his report. Is that not a crime? The supervisor on the witness stand would say that his boss made him do it. That is a crime. Who was his boss? LBJ!