"I regard this as the best lead we have ever had as to who may have been involved in the assassination of President Kennedy." - Jim Lesar
Washington
D.C., July 20, 2018. Almost seventy-five years to the day after the July 20, 1944 German military
plot to kill Adolph Hitler failed, a Washington D.C. District Court judge ruled
the CIA fulfilled its legal obligations in failing to find any record
whatsoever of their “detailed study” of the plot to use against Fidel Castro.
On July
17, U.S. District Court Judge Trevor N. McFadden ruled in favor of the CIA in
its failed search for the records pertaining to the 1963 study, deciding they
had conducted an adequate search for records requested by Freedom of
Information Act (FOIA) attorney Jim Lesar and the Assassinations Archives and
Research Center (AARC).
Lesar's request is primarily based on a clear reference to “the plot to kill Hitler….being studied in detail”
as an “historical parallel to the CIA’s then ongoing efforts to overthrow Fidel
Castro,” contained in a September 25, 1963 memorandum by Colonel Walter
Higgins, adjunct to General Victor Krulak, of the meeting of the Joint Chiefs
of Staff.
While
the Chairman of the Joint Chiefs, General Maxwell Taylor was on a special mission
to Vietnam, Air Force Chief of Staff Gen. Curtis LeMay chaired the meeting that
included a briefing by the CIA’s Desmond FitzGerald on CIA covert operations against
Cuba, for the purpose of coordinating military support for those actions.
When the
Higgins Memo was released under the JFK Act of 1992 and placed in the JFK
Collection at the National Archives and Records Administration (NARA), it was
scanned and posted at the MaryFerrell.org web site among the assassination
records of the Joint Chiefs of Staff. When it came to the attention of FOIA
attorney Jim Leasar, director of the AARC, he filed a FOIA request in 2012.
After
two official letters from the CIA denying they held any records related to the
July 20, 1944 plot to kill Hitler, code named Valkyrie, they relented and
claimed those denials were sent accidently, and they did have one document, an
anti-communist Propaganda Guide, that refers to the celebrated anniversary of
the plot, that it claimed was betrayed by German Communists.
The CIA
claimed it searched all of its relevant files without locating a single
document or reference, except for the one Propaganda Guide, that they released
with redactions even though it was over a half-century old.
The CIA
said it even searched their “Operational Files” that are not subject to FOIA
inquiry, and questioned their official historian – David Robarge, who noted
that the Office of Strategic Services (OSS) files of that July 1944 period were
turned over to the NARA. But Lesar requested the CIA records on the “detailed
study” of the Hitler assassination plots from September 1963, that should be in
the CIA files.
Robarge
wrote the official biography of John McCone, who was CIA director at the time
of the assassination, a book that is still highly censored and redacted.
The
judge ruled that, “Assassination Archives alleges that Exemption 6 (personnel
and medical files) does not apply because disclosure of CIA personnel names and
telephone numbers are important for sniffing out why administration errors occurred
in this case,…” especially since the CIA admits two, not one but two denials of
any records were sent out in error by accident.
The
judge also took issue with the AARC’s contention that the release of the requested
information would “…vindicate the public interest in the John F. Kennedy
assassination.”
Judge
McFadden, a Trump appointee, discounts this notion saying, “But the connection
between these records and President Kennedy’s assassination are tenuous at
best, resting on the Plaintiff’s theory that the Kennedy assassination was
motivate by U.S. efforts to assassinate Fidel Castro, efforts that prompted the
CIA to study assassination attempts on Adolph Hitler. So this case is two
assassinations removed from the assassination of President Kennedy.”
Wait a minute, neither Hitler nor Castro were assassinated, so it isn't "two assassinations removed," it is two failed assassinations plots that are directly connected to the assassination of the president, so the judge misspoke.
“And
even if I accepted the Plaintiff’s proposition that public interest in the
Kennedy assassination is relevant to this case, and relevant to the CIA’s
diligence during these search efforts, that interest does not outweigh the
privacy interests of CIA personnel in their names and phone numbers. The public’s
interest in figuring out why two ‘no-records’ emails were mistakenly sent is
miniscule at best….”
“Put
simply, President Trump ordered that President Kennedy’s assassination records
be released swiftly, ‘with redactions only in the rarest circumstances….As
explained above, the records at issue in this case are only tenuously related
to President Kennedy’s assassination….”
While I
can’t address any of the legal issues, it is apparent that the Judge has but did not
read my declaration to the court that outlined in detail the associations
between the Valkyrie Plot to kill Hitler and the assassination of President
Kennedy, that are not tenuous.
After the ruling Jim Lesar said, “America lost over a million killed and wounded fighting World War II, but the CIA can only find one document related to plots to kill Hitler, even though it was conducting a detailed study of such plots in September 1963 as part of plans to overthrow Castro. How was such "detailed" study conducted if the CIA had only one document to work with? Maybe the Tooth Fairy knows. The CIA appears to have no clue."
Attorney Dan Alcorn, who also worked on the case, said, "It remains a mystery as to what has happened to CIA records documenting its detailed study of the plot to assassinate Hitler in the fall of 1963 to develop a plan to overthrow Fidel Castro."
HIGGINS MEMO AT MARY FERRELL: showDoc.html
HIGGINS MEMO AT JFKCOUNTERCOUP2 - JFKCountercoup2: The Higgins Memo of JCS Meeting of Sept. 25, 1963
JIM LESAR AT NPC - JFKCountercoup2: Jim Lesar - AARC - Panel I & II Presentations
UNCONVENTIONAL WARFARE PROGRAM "ALFA" - JFKCountercoup2: UNCONVENTIONAL WARFARE PROGRAM "ALFA"
VALKYRIE AT DEALEY PLAZA - JFKcountercoup: Valkyrie At Dealey Plaza - Updated
VALKYRIE AT DP - "The Conspiracy Alone Must Speak" - JFKcountercoup: Valkyrie at Dealey Plaza - "The Conspiracy Alone Must Speak"
VALKYRIE AT DEALEY PLAZA - JFKcountercoup: Valkyrie At Dealey Plaza - Updated
VALKYRIE AT DP - "The Conspiracy Alone Must Speak" - JFKcountercoup: Valkyrie at Dealey Plaza - "The Conspiracy Alone Must Speak"
Thanks for sharing this rather informative/interesting piece, Mr. Kelly, very telling that the Agency cannot even get their own "lies", err, stories straight. Sad day for democracy when a mere agency of a government for, of and by the People becomes untouchable.
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