USCA Case #23-5064 Document #2012985 Filed August 17, 2023
Many thanks to Dan Alcorn of AARC and Alan Dale for continuing these leads.
"Applicants believe, based on decades of experience to be among the most promising leads to solving the 1963 assassination of President Kennedy."
The MFF v. Biden and NARA is just one of a number of continuing, active legal cases involving records related to the assassination of President Kennedy, with the determination of the Nix film as well as a number of still active cases filed by the Assassination Archives and Research Center (AARC), of which this is one.
While the AARC also filed the FOIA requests and went to court in regards to the CIA Valkyrie - Hitler plot and Pathfinder plan records, that other released documents refer to, the CIA claims that they have no records of either among their files, which is rather incredible, and means they were removed or destroyed or are being continually withheld.
As Peter Dale Scott has noted in his "Negative Template" thesis, the records destroyed, missing and withheld are the most significant records, and these are good examples of that thesis in action.
The USCA Case #23-5064 concerns the CIA files or lack of them on D. H. Byrd, the owner of the Texas School Book Depository (TSBD) building in Dallas at the time of the assassination, from where shots were fired at the President.
Although Byrd was not asked to testify before the Warren Commission or any other investigation, he is a major player in the assassination drama for a number of reasons.
D.H. "Dry Hole" Byrd was a cousin of US Navy Admiral Richard Byrd, the polar explorer, whose expeditions D.H. Byrd helped finance. Although the US Navy could not pick up the radio broadcasts Byrd sent from his remote locations, they were picked up by a young, teenage radio buff Arthur Collins, who built his own radio receiver in his parent's Cedar Rapids, Iowa garage, and duly relayed the messages to the Navy. That assisted Collins, when he began to mass manufacture his HAM radios, to obtain a military contract before WWII increased the need for such radios.
Another HAM radio buff, US Air Force officer Curtis LeMay, became a close acquaintance of Collins and later, as Chief of Staff of the Air Force, ad Collins Radio installed on all SAC bombers and Executive Air Fleet aircraft, including Air Force One.
These radios were maintained by Collins and monitored by the relay station at Collins HQ in Cedar Rapids known as 'Liberty" station, which can be heard frequently on the Air Force One radio recordings because it relayed the broadcasts.
D. H. Byrd was a co-founder, with Cord Meyer, Sr., of the Civil Air Patrol (CAP), shortly before Pearl Harbor. Cord Meyer, Sr., like Byrd, was an early aviation pioneer and father of Cord Meyer, Jr., the CIA officer who served as a deputy to director Allen Dulles, ran the CIA's International Organizations Division, and married Mary Pinchot, a close friend and paramour of John F. Kennedy.
In late September 1963, after signing the Nuclear Test Ban treaty, against the advice of the Joint Chiefs of Staff, and approving the still secret Operation Four Leaves in a National Security Action memorandum, that had something to do with communications, Mary Pinchot Meyer accompanied President Kennedy on the first leg of his "Conservation Tour," when he visited Mary Meyer's mother, who had donated wilderness land to the federal government to become public parks.
Accused assassin Lee Harvey Oswald was a member of the New Orleans CAP, the organization that Byrd and Meyer, Sr. co-founded, and despite attempts to say he was not an active member, is seen in a photo with CAP Captain David Ferrie, and there is a photo of Oswald in his CAP uniform.
A Pennsylvania newspaper obtained and published a CAP report that indicated that the organization was recruiting its cadets to become "Spies," attend special classes at Fort Holibard, Maryland, Counter-Intelligence base, learn foreign languages and infiltrate targeted organizations like the Fair Play for Cuba Committee. Sound familiar?
At the time of the assassination Curtis LeMay was hunting and fishing in upstate Michigan, David Ferrie went grouse hunting in Texas, and D.H. Byrd was on a big game safair hunt in West Africa with a German Werner von Alvensleben.
OSS records from WWII show that von Alvensleben served as an assassin for Nazi leader Heinrich Himmler in Germany in 1933, and was considered an "assassination expert." His father had written a report in support of the failed July 20, 1944 assassination attempt on Hitler by the German military.
As this court case document says, "Due to Mr. Alvensleben's service as a valued double agent for 0SS during WWII it is likely that Mr. Alvensleben served as an asset of the CIA after the war and had contact with the CIA."
The African safari that Byrd was on with Alvensleben was photographed extensively by Alvensleben's nephew, a professional photographer. Despite being repulsed by the brutality of the hunt, young Alvensleben published a book of many of the photos he took, including one of a dead elephant that is labeled shot by D. H. Byrd.
Another big game safari hunting buddy of Byrd was US Air Force general James Doolittle, who is famous for leading the carrier bomber attack on Tokyo in the aftermath of Pearl Harbor.
But Doolittle is more important for his role as chairman of the Doolittle Commission appointed by President Eisenhower to evaluate CIA covert operations.
Everyone has heard of the Warren Commission, the Rockefeller Commission, and the 9/11 Commission, but the least known Doolittle Commission recommended more aggressive covert action against Communism.
Returning home to Dallas after the hunt, Byrd invited von Alvensleben to join him, and regaled at the heads of dead animals in the trophy room of his mansion, adding a window from the sixth floor of the TSBD to his trophy collection.
It was well known that von Alvensleben, as well as Ernest Hemingway and other avid big game hunters used the 6.5 mm Mannlicher-Schoenauer rifle, a remote cousin to the 6.5 Manlicher-Carcano found on the 6th floor and said to belong to the accused assassin.
Warren Commission John J. McCloy must have been familiar with these weapons because he asked the FBI firearms expert if the MC ammo could be fired from a MS, the better rifle, but the FBI expert didn't know.
But now we know that the CIA is not properly searching their files for the relevant JFK assassination records, and that as we piece together what we do know, we are getting a fuller picture of what really occurred at Dealey Plaza that day.
Read the entire motion here:
AARC3 v. CIA oppo to motion for summary affirmance as filed
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