Tuesday, August 25, 2020

Hans Bernd Gisevius




From Murdering Hitler

Hans Bernd Gisevius (July 14, 1904 – February 23, 1974) was a German diplomat and intelligence officer during World War II. A covert opponent of the Nazi regime, he served as a liaison in Zürich between Allen Dulles, station chief for the American OSS and the German Resistance forces in Germany.


Gisevius was born in Arnsberg in the Prussian Province of Westphalia. After law school, he joined the Prussian Interior Ministry in 1933 and was assigned to the newly formed Geheime Staatspolizei, or Gestapo. After joining the Gestapo, he immediately had disagreements with his senior, Rudolf Diels, and was discharged. He continued with police work in the Interior Ministry. When Himmler took over Police functions in 1936 in the German Reich, he removed Gisevius from office.
Throughout his time working for the Gestapo Gisevius described himself as living in constant fear, entering and exiting through the back door, clutching a pistol at his side - all resultant from his misgivings with the terror apparatus to which he was assigned, since according to him, it was like "living in a den of murderers".

Gisevius later transferred to the Reich Ministry of the Interior. Although he had no position of power, he maintained connections, notably to Arthur Nebe, that kept him informed of the political background. Gisevius joined the secret opposition to Hitler, began gathering evidence of Nazi crimes (for use in a later prosecution) and attempted to restrain the increasing power of Heinrich Himmler and the SS. He maintained links with Hans Oster and Hjalmar Schacht.

When World War II started, Gisevius joined the German intelligence service, the Abwehr, which was headed by Admiral Wilhelm Canaris, who was secretly an opponent of Hitler. Canaris had surrounded himself with Wehrmacht officers opposed to Hitler and he welcomed Gisevius into this group. Working from the consulate in Zürich, Hans Gisevius was involved in secret talks with the Vatican. Canaris arranged for the appointment of Gisevius as Vice Consul in Switzerland, where Gisevius met with Allen Dulles in 1943 and agreed to serve as a liaison for the German opposition to Hitler, an assembly which counted among its members General Ludwig Beck, Abwehr Chief Canaris, and Mayor Carl Gördeler of Leipzig.

Several members of the conspiratorial circle against Hitler including Gisevius, "all kept homes within easy walking distance of each other". According to Gisevius, the original plot to kill Hitler earlier (namely, before the acquiescence of Great Britain over the Sudetenland) was literally derailed by Neville Chamberlain whose actions he claims "saved Hitler".


Upon returning to Germany, he was investigated by the Gestapo, but released. In 1944, after the failed July 20th assassination attempt against Hitler, Gisevius first hid at the home of his future wife, the Swiss national Gerda Woog, and fled to Switzerland in 1945, making him one of the few conspirators to survive the war. There, he contacted the Swiss authorities.

Peter Hoffmann's biography of Hitler assassination conspirator Claus Graf von Stauffenberg ("Stauffenberg, A Family History," 1992) indicates that after the failure of Stauffenberg's bomb plot in July 1944, Gisevius went into hiding until 23 January  1945, when he escaped to Switzerland by using a passport that had belonged to Carl Deichmann, a brother-in-law of German Count Helmuth James von Moltke, who was a specialist in international law serving in the legal branch of the Foreign Countries Group of the OKW (Oberkommando der Wehrmacht, "Supreme Command of the Armed Forces"). Through the help of the American Allen Dulles in Berne, Switzerland and of the German Legation (in Berne)'s Georg Federer, the passport was modified and a visa obtained for Gisevius that enabled him to escape to Spain.
Gisevius served as a key witness for the defense at the Nuremberg Trials when he was called as a witness by defendants Hjalmar Schacht and Wilhelm Frick. 

His testimony was crucial in securing the acquittal of Schacht on all counts, but Frick was found guilty. His testimony was also particularly damaging to Hermann Göring, Wilhelm Keitel and Ernst Kaltenbrunner, who were all convicted.

His autobiography, "Bis zum bitteren Ende" (To the Bitter End), published in 1946, offered a sharp indictment of the Nazi regime, many of whose leading members Gisevius knew personally, as well as of the German people, who, Gisevius claimed, pretended not to know about the atrocities being committed in its name. At the same time, it also offers an insider's account of the German resistance movement.

In 1946 Gisevius was charged and acquitted by the Swiss authorities in a trial for espionage. Gisevius was later criticized as he diminished the contributions of other members (i.e. Claus Schenk Graf von Stauffenberg) of the opposition to Hitler. Gisevius reported in his 1948 book, "To the Bitter End", that he considered SS Chief Heinrich Himmler a bit of a hypocrite whereas he saw Reinhard Heydrich as one who epitomized a true German, in accordance with Nazi ideals at least.

In the early 1950s he moved to the United States and lived in Dallas, Texas, but soon returned, and lived in Switzerland. Gisevius died in Müllheim in Baden-Württemberg in 1974.



Also see: 


Hans Bernd Gisevius (July 14, 1904 – February 23, 1974) was a German diplomat and intelligence officer during World War II. A covert opponent of the Nazi regime, he served as a liaison in Zürich between Allen Dulles, station chief for the American OSS and the German Resistance forces in Germany.

Gisevius was born in Arnsberg in the Prussian Province of Westphalia. After law school, he joined the Prussian Interior Ministry in 1933 and was assigned to the newly formed Geheime Staatspolizei, or Gestapo. After joining the Gestapo, he immediately had disagreements with his senior, Rudolf Diels, and was discharged. He continued with police work in the Interior Ministry. When Himmler took over Police functions in 1936 in the German Reich, he removed Gisevius from office.

Throughout his time working for the Gestapo Gisevius described himself as living in constant fear, entering and exiting through the back door, clutching a pistol at his side - all resultant from his misgivings with the terror apparatus to which he was assigned, since according to him, it was like "living in a den of murderers".

Gisevius later transferred to the Reich Ministry of the Interior. Although he had no position of power, he maintained connections, notably to Arthur Nebe, that kept him informed of the political background. Gisevius joined the secret opposition to Hitler, began gathering evidence of Nazi crimes (for use in a later prosecution) and attempted to restrain the increasing power of Heinrich Himmler and the SS. He maintained links with Hans Oster and Hjalmar Schacht.

When World War II started, Gisevius joined the German intelligence service, the Abwehr, which was headed by Admiral Wilhelm Canaris, who was secretly an opponent of Hitler. Canaris had surrounded himself with Wehrmacht officers opposed to Hitler and he welcomed Gisevius into this group. Working from the consulate in Zürich, Hans Gisevius was involved in secret talks with the Vatican. Canaris arranged for the appointment of Gisevius as Vice Consul in Switzerland, where Gisevius met with Allen Dulles in 1943 and agreed to serve as a liaison for the German opposition to Hitler, an assembly which counted among its members General Ludwig Beck, Abwehr Chief Canaris, and Mayor Carl Gördeler of Leipzig.

Several members of the conspiratorial circle against Hitler including Gisevius, "all kept homes within easy walking distance of each other". According to Gisevius, the original plot to kill Hitler earlier (namely, before the acquiescence of Great Britain over the Sudetenland) was literally derailed by Neville Chamberlain whose actions he claims "saved Hitler".

Upon returning to Germany, he was investigated by the Gestapo, but released. In 1944, after the failed July 20th assassination attempt against Hitler, Gisevius first hid at the home of his future wife, the Swiss national Gerda Woog, and fled to Switzerland in 1945, making him one of the few conspirators to survive the war. There, he contacted the Swiss authorities.

Peter Hoffmann's biography of Hitler assassination conspirator Claus Graf von Stauffenberg ("Stauffenberg, A Family History," 1992) indicates that after the failure of Stauffenberg's bomb plot in July 1944, Gisevius went into hiding until 23 January  1945, when he escaped to Switzerland by using a passport that had belonged to Carl Deichmann, a brother-in-law of German Count Helmuth James von Moltke, who was a specialist in international law serving in the legal branch of the Foreign Countries Group of the OKW (Oberkommando der Wehrmacht, "Supreme Command of the Armed Forces"). Through the help of the American Allen Dulles in Berne, Switzerland and of the German Legation (in Berne)'s Georg Federer, the passport was modified and a visa obtained for Gisevius that enabled him to escape to Spain.

Gisevius served as a key witness for the defense at the Nuremberg Trials when he was called as a witness by defendants Hjalmar Schacht and Wilhelm Frick. His testimony was crucial in securing the acquittal of Schacht on all counts, but Frick was found guilty. His testimony was also particularly damaging to Hermann Göring, Wilhelm Keitel and Ernst Kaltenbrunner, who were all convicted.

His autobiography, "Bis zum bitteren Ende" (To the Bitter End), published in 1946, offered a sharp indictment of the Nazi regime, many of whose leading members Gisevius knew personally, as well as of the German people, who, Gisevius claimed, pretended not to know about the atrocities being committed in its name. At the same time, it also offers an insider's account of the German resistance movement.

In 1946 Gisevius was charged and acquitted by the Swiss authorities in a trial for espionage. Gisevius was later criticized as he diminished the contributions of other members (i.e. Claus Schenk Graf von Stauffenberg) of the opposition to Hitler. Gisevius reported in his 1948 book, "To the Bitter End", that he considered SS Chief Heinrich Himmler a bit of a hypocrite whereas he saw Reinhard Heydrich as one who epitomized a true German, in accordance with Nazi ideals at least.

In the early 1950s he moved to the United States and lived in Dallas, Texas, but soon returned, and lived in Switzerland. Gisevius died in Müllheim in Baden-Württemberg in 1974.


Hans Bernd Gisevius (14 July 1904 – 23 February 1974) was a German diplomat and intelligence officer during the Second World War. A covert opponent of the Nazi regime, he served as a liaison in Zürich between Allen Dulles, station chief for the American OSS and the German Resistance forces in Germany.[1]

Gisevius was born in Arnsberg in the Prussian Province of Westphalia. After law school, he joined the Prussian Interior Ministry in 1933 and was assigned to the newly formed Geheime Staatspolizei, or Gestapo. After joining the Gestapo, he immediately had disagreements with his senior, Rudolf Diels, and was discharged. He continued with police work in the Interior Ministry. When Himmler took over Police functions in 1936 in the German Reich, he removed Gisevius from office.

Throughout his time working for the Gestapo Gisevius described himself as living in constant fear, entering and exiting through the back door, clutching a pistol at his side – all resultant from his misgivings with the terror apparatus to which he was assigned, since according to him, it was like "living in a den of murderers".[2] Gisevius later transferred to the Reich Ministry of the Interior. Although he had no position of power, he maintained connections, notably to Arthur Nebe, that kept him informed of the political background. Gisevius joined the secret opposition to Hitler, began gathering evidence of Nazi crimes (for use in a later prosecution) and attempted to restrain the increasing power of Heinrich Himmler and the SS. He maintained links with Hans Oster and Hjalmar Schacht.[3]

Second World War

A German stamp of Stauffenberg and Helmuth James Graf von Moltke was printed in commemoration of their 100th birthdays.

When the Second World War started, Gisevius joined the German intelligence service, the Abwehr, which was headed by Admiral Wilhelm Canaris, who was secretly an opponent of Hitler. Canaris had surrounded himself with Wehrmacht officers opposed to Hitler and he welcomed Gisevius into this group. Working from the consulate in Zürich, Hans Gisevius was involved in secret talks with the Vatican. Canaris arranged for appointment of Gisevius as Vice Consul in Switzerland, where Gisevius met with Allen Dulles in 1943 and agreed to serve as a liaison for the German opposition to Hitler, an assembly which counted among its members General Ludwig Beck, Abwehr Chief Canaris, and Mayor Carl Goerdeler of Leipzig.[4] Several members of the conspiratorial circle against Hitler including Gisevius, "all kept homes within easy walking distance of each other."[5] According to Gisevius, the original plot to kill Hitler earlier (namely, before the acquiescence of Great Britain over the Sudetenland) was utterly derailed by Neville Chamberlain whose actions he claims "saved Hitler."[6]

Upon returning to Germany, he was investigated by the Gestapo, but released. In 1944, after the failed 20 July assassination attempt against Hitler, Gisevius first hid at the home of his future wife, the Swiss national Gerda Woog, and fled to Switzerland in 1945, making him one of the few conspirators to survive the war. There, he contacted the Swiss authorities.

Peter Hoffmann's biography of Hitler assassination conspirator Claus von Stauffenberg ("Stauffenberg, A Family History," 1992) indicates that after the failure of Stauffenberg's bomb plot in July 1944, Gisevius went into hiding until 23 January 1945, when he escaped to Switzerland by using a passport that had belonged to Carl Deichmann, a brother-in-law of German Count Helmuth James von Moltke, who was a specialist in international law serving in the legal branch of the Foreign Countries Group of the OKW (Oberkommando der Wehrmacht, "Supreme Command of the Armed Forces"). Through the help of the American Allen Dulles in Berne, Switzerland and of the German Legation (in Berne)'s Georg Federer, the passport was modified and a visa obtained for Gisevius that enabled him to escape to Spain.

Later life

Gisevius served as a key witness for the defence at the Nuremberg trials when he was called as a witness by defendants Hjalmar Schacht and Wilhelm Frick. His testimony was crucial in securing the acquittal of Schacht on all counts, but Frick was found guilty. His testimony was also particularly damaging to Hermann Göring, Wilhelm Keitel and Ernst Kaltenbrunner, who were all convicted.[7]

His autobiography, Bis zum bitteren Ende ("To the Bitter End"), published by Wasmuth in 1946, offered a sharp indictment of both the Nazi regime, many of whose leading members Gisevius knew personally, and the German people. Gisevius claimed that the latter pretended not to know about the atrocities being committed in their name. At the same time, the book also offers an insider's account of the German resistance movement.

In 1946, Gisevius was charged and acquitted by the Swiss authorities in a trial for espionage. Gisevius was later criticised as he diminished the contributions of other members (such as Claus Schenk Graf von Stauffenberg) of the opposition to Hitler. Gisevius reported in his 1948 book, To the Bitter End, that he considered SS Chief Heinrich Himmler a bit of a hypocrite whereas he saw Reinhard Heydrich as one who epitomised a true German, in accordance with Nazi ideals at least.[8] In the early 1950s, he moved to the United States and lived in Dallas, Texas, but soon returned and lived in Switzerland. Gisevius died in Müllheim in Baden-Württemberg in 1974.

Works

Gisevius H.B. (1946). Bis zum bitteren Ende (in German). (Translated in English editions as 'To the Bitter End', and more recently republished in English as "Valkyrie" to capitalize on the film of the same name)
Gisevius H.B. (1966). Wo ist Nebe?. Droemer. (The title means Where is Nebe?, Nebe being Arthur Nebe)
Kitchen, Martin (1994). Nazi Germany at War. New York and London: Routledge.

Notes

Reitlinger (1989). The SS: Alibi of a Nation, 1922–1945, p. 49.
Blandford (2001) SS Intelligence: The Nazi Secret Service, pp 30–31.
Conot (1993), Justice at Nuremberg, pp. 390–395.
Martin Kitchen, Nazi Germany at War (London & New York: Routledge, 1994), 247–248
Blandford (2001) SS Intelligence: The Nazi Secret Service, p. 106.
Gisevius (1948), To the Bitter End, pp. 327–328.
Ann Tusa & John Tusa, The Nuremberg Trial (BBC Books, 1983 ), p. 329.
Hans Bernd Gisevius, To the Bitter End (London: Cape, 1948), p. 149, as found in Reitlinger (1989). The SS: Alibi of a Nation, 1922–1945, p. 49.

References

Blandford, Edmund L. SS Intelligence: The Nazi Secret Service. Edison, NJ: Castle, 2001.
Conot, Robert E. Justice at Nuremberg. New York: Carroll & Graf Publishers Inc., 1993.
Gisevius, Hans Bernd. To the Bitter End. London: Jonathan Cape Publishing, 1948.
Gisiger C: Ein sensationeller Prozess? Das militärgerichtliche Strafverfahren gegen Eduard von der Heydt, Hans Bernd Gisevius und Josef Steegman vor dem Divisionsgerischt 6 (1946–1948). Historisches Seminar University Zürich, October 2005.
Kitchen, Martin. Nazi Germany at War. London & New York: Routledge, 1994.
Guido Knopp: Hitler's Warriors – Episode 6: Canaris – The Master Spy (ZDF/History Channel documentary, 2005)
Reitlinger, Gerald. The SS: Alibi of a Nation, 1922–1945. New York: Da Capo Press, 1989.
Giebeler, Marcus: Die Kontroverse um den Reichstagsbrand. Quellenprobleme und historiographische Paradigmen. Martin Meidenbauer, München 2010, ISBN 978-3-89975-731-6 (mit Kurzbiographie zu Gisevius, S. 272–274)
Wildt, Michael: Generation des Unbedingten. Das Führungskorps des Reichssicherheitshauptamtes. Hamburger Edition, Hamburg 2003, ISBN 978-3-930908-87-5(zugleich Habilitationsschrift, Universität Hannover 2001)













Monday, August 24, 2020

Murdering Hitler

Murdering Hitler Excerpt 


Colonel Von Stauffenberg was engaged in a number of plots to kill Hitler. 

Stauffenberg in Berchtesgaden 1944, July 11
Location: Obersalzberg

Stauffenberg's next chance to put his bomb to use came on Tuesday, July 11. As the growing military crisis threatened the collapse of Germany's eastern front, Hitler called for an update on Stauffenberg's progress in organizing the fifteen new "blocking divisions." Hitler referred to them in this way because he believed they would block the Soviet advance, that they would somehow plug the holes that were expanding daily in the German defenses.

Hitler's attitude before this conference was indicative of his growing panic and vituperative treatment of his lieutenants. Things were going badly on all fronts, and Hitler typically placed the blame squarely on his generals and field marshals who were prudently advocating strategic retreat. Refusing to face reality, something no one around him would point out, he assumed Stauffenberg could create crack grenadier divisions from the worn-out veterans and raw recruits in the Replacement Army.

Stauffenberg went over his plans in his mind during the ninety-minute flight from Berlin to the small airfield in Freilassing, just north of Berchtesgaden. Inside his briefcase, under a fresh uniform shirt, was the bomb and timer fuse. He was accompanied by his acting adjutant, Captain Friedrich Karl Klausing. His regular adjutant, Lieutenant Werner von Häften (who earlier in the year had volunteered for a suicide attempt on Hitler's life) was too ill to travel.

On landing at Freilassing, Stauffenberg instructed the pilot of his Heinkel HE-111 not to wander too far from the plane because he might have to return to Berlin in a hurry; then he and Klausing got into a waiting staff car for the ride into the nearby mountains to Hitler's retreat.

At the Berghof, Stauffenberg, clutching the briefcase with his one hand, told Klausing to stay with the car and be prepared to race down the mountainside to the waiting aircraft if he exited the meeting without his briefcase. Stauffenberg's plan was to set the acid fuse timer, place the briefcase in the conference room, and leave as unobtrusively as possible before the bomb exploded. As the colonel walked up the terraced steps toward the main building, Klausing checked his watch. It was 1:00 P.M.

Inside the building, Stauffenberg left his revolver and hat on the table reserved for this purpose and entered the conference room carrying the briefcase. He set it down carefully under the conference table and listened to the proceedings.

Stauffenberg surveyed the room. His heart sank when he saw that Himmler was not present. Goring was there, but without Himmler Stauffenberg did not want to leave his bomb. He quietly withdrew from the conference room, knowing that the present discussion would continue for at least several more minutes. He started toward a bank of telephones, but first stopped at a nearby washroom where he splashed cold water on his face to ease his tension and rinse off the sweat streaming down his forehead.

Stauffenberg asked the telephone exchange operator to place a call to General Olbricht in Berlin. When the call went through the two conspirators conversed, using predetermined code words. Stauffenberg reported Himmler's absence and the two agreed to abort the assassination, at least until the next conference. Stauffenberg returned to the conference room and waited to give his progress report on the fifteen new divisions that Hitler was convinced would stem the Soviet advance.

At 3:30 P.M. Stauffenberg returned to the waiting car carrying his briefcase. Noting Klausing's surprise at seeing the briefcase again, he explained to him what had happened. Meanwhile, General Olbricht contacted the resistance members who had been waiting for the signal to begin the coup. Count Helldorf, whose Berlin police forces were poised to arrest leading Nazis, and the officers of the Ninth Infantry Reserve Regiment at Potsdam, who were to lead their troops into the government center in Berlin and isolate it from the rest of the city and country, were told to stand down and await further instructions.

That evening Stauffenberg met with coup leaders in Berlin, including Generals Beck and Olbricht. The conversation focused on what should be done at the next conference if Himmler was not present again. While some saw the need to wait until both Himmler and Hitler could be killed at the same time, others disagreed, saying there was too little time left in which to act before Germany was totally destroyed. They insisted the bomb must be set at the next meeting, whether Himmler was present or not. In the end, no firm decision was reached either way. They would wait to see what happened at the next conference. If Himmler was absent again, Stauffenberg should call Olbricht's office for instructions.

Stauffenberg at the Wolfschanze 1944, July 20
Location: Briefing room

The next few days were dark ones for the resistance. On Sunday, July 16, Stauffenberg received news that General Alexander Falkenhausen, military commander in Belgium and northern France, and a supporter of the coup, had been dismissed. The following day news arrived that Rommel had been severely injured and hospitalized. Although Rommel was not a member of the resistance, Stauffenberg had hoped he would come over once Hitler was dead, especially since he made no effort to hide his pessimism about Germany's future from Hitler, who now brushed off his one-time favorite as a "coward."

On 18 July, Stauffenberg received a report that the Gestapo had been ordered to arrest Gördeler, a key member of the resistance and the man designated to be Germany's new Chancellor. He warned Gördeler and told him to go into hiding. Reluctantly, Gördeler left Berlin for Westphalia.

Tense meetings were held between Stauffenberg, Beck, Olbricht, and other coup conspirators at his residence at No. 8 Tristanstrasse, Wansee. It was finally decided that they no longer wanted to endure the tension of waiting for news of Himmler's presence at one of Hitler's conferences. Things were getting out of hand. Hitler had to be eliminated at all costs.

Stauffenberg was instructed to set his bomb at the next meeting, no matter who was there, as long as Hitler was in the room.
On 19 July, General Heusinger was at Hitler's conference reporting that the Soviets were breaking through all along the eastern front. He told Hitler that additional troops were needed if the Germans had any hope of halting the Soviet advance, and he asked how many men the Replacement Army could provide for this purpose.

Field Marshal Keitel interrupted with a suggestion that Colonel Stauffenberg attend the following day's conference to provide "facts and figures" about the combat readiness of the fifteen new grenadier divisions he had been ordered to organize.
Hitler rose to his feet, terminating the conference, and said, "Good, send for Stauffenberg tomorrow."

Colonel Stauffenberg worked late into the evening of 19 July 1944, making last-minute updates to the operation tables for the fifteen divisions Adolf Hitler had ordered him to create from the military rubble of the Third Reich. It was not a successful undertaking. With increasing frequency in the past two years, Hitler had prescribed imaginary divisions created out of thin air, largely by reducing existing divisions to half their assigned strength and forming additional units with the overflow.

He must have known that the next day the "dirty work" would definitely be done. The decision was now reached that the bomb would be set whether Himmler was present or not. There would be no telephone calls seeking instructions from superiors; he would do it.

Secure in his Wolf's Lair headquarters deep in the East Prussian forest at Rastenburg, Hitler was awake until past 2:00 in the morning. Typically, his practice was to engage in animated conversation with aides until well past midnight and sleep until late in the morning, which is why the "morning military conference" seldom began before 2:00 P.M. On this night he left instructions that he should be awakened at 9:00 A.M., an unheard of hour for the Führer; however, he was expecting Mussolini in the afternoon and his "morning military conference" was actually scheduled for late morning.

Daybreak on 20 July 1944, carried with it a promise of oppressive heat and later, w hen he entered the room, Stauffenberg must have realized the bomb he was carrying might not be sufficient for the job. Instead of a solid concrete structure in which these conferences were usually held, this building was constructed of wood and contained several large windows that were open to allow a summer breeze in. Stauffenberg had expected a solidly built conference chamber that would contain the blast and increase the force of the explosion, but now it was obvious that the wood walls and windows of the room being used would allow at least a portion of the blast to escape the room, reducing the damage it would inflict to those inside.

A massive oak table on which several military maps were spread occupied a large portion of the 18-by-40-foot room. Close to either end of the table were thick oak supports practically the width of the tabletop. Over two dozen men stood in place around the table, with Hitler himself standing near the center, his back to the door and facing the open windows.

Stauffenberg, satisfied that his briefcase was placed under the table as close to Hitler as he could get it, and possibly fearing that the unseasonably high temperature could accelerate the chemical reaction and detonate the bomb prematurely, quietly informed Keitel, "Herr Field Marshal, I have to make an urgent call to Berlin." Keitel nodded his permission and Stauffenberg unobtrusively left the meeting. Stauffenberg's departure attracted no particular interest, since officers were constantly entering and leaving the conference room for a variety of reasons.

General Adolf Heusinger was summing up the situation in East Prussia. Just as he said, "If the Army Group does not withdraw from Lake Peipus, a catastrophe will. . . " at 12.42 p.m., a violent blast hurled everyone to the floor, setting fire to hair and uniforms. Over the bedlam several officers could hear the ever-faithful Keitel, unhurt by the blast, calling out, "Where is the Führer? Where is the Führer?" General Heusinger, who was momentarily knocked unconscious, came to and found himself on his back next to Hitler, who was also unconscious. Heusinger crawled to the door and managed to drag himself painfully into the hall, where several officers and men helped him exit the building. His uniform, face, body, and legs were burned, and both ear drums had been broken. His right arm and hand bled profusely from numerous splinters that had been launched into the air when the table was ripped apart by the bomb.

Keitel groped his way through the thick smoke and dust, past wounded men crying out for help, until he found the Führer just regaining consciousness. The Field Marshal helped Hitler to his feet; the latter's pants had been shredded. Hitler looked at Keitel with a dazed expression, then collapsed into his arms. He was carried to his quarters where a doctor dressed his wounds, which turned out to be superficial.

Others in the room were not so lucky. Hitler's stenographer, Heinrich Berger, had both legs blown off and died a few hours later. General Rudolf Schmundt, Hitler's adjutant, lost a leg and died in a hospital on October 1. Two days after the blast General  Günther Korten, Chief of Staff for the Luftwaffe, and Colonel Heinz Brandt died of their wounds. Everyone's uniform was burned or tattered, and most received wounds that required a stay of several days in the hospital at Rastenburg.

Investigators later concluded that had the explosion occurred inside the Bunker-like structure usually used for these conferences, everyone in the room would have been killed, many of the bodies unrecognizable from the blast and fire. When it was learned that Stauffenberg and Häften had a second bomb identical to the first, most investigators agreed that no one could have survived if both bombs had exploded simultaneously. Once again, Hitler had cheated death.

At Wolf's Lair men were beginning to piece together what had happened. Everyone in the conference was accounted for except Colonel Stauffenberg, who it was quickly learned had sped away immediately following the explosion. When it was found that Stauffenberg's H-111 was airborne, a hurried call was placed to Luftwaffe headquarters in Berlin with orders to scramble a fighter squadron to shoot down a westbound H-111 bearing the identification number of Stauffenberg's plane. The fighters never took off. It is believed that the order was suppressed by Major Friedrich Georgi, General Olbrich's son-in-law on the air staff, who suspected it had something to do with his father-in-law's coup.

If Stauffenberg could have delegated an alternate to plant the bomb while he stayed in Berlin, the coup would have gotten off to a better start; but during this time of indecision the one man who would have been decisive, and who had the respect of all the plotters, was out of touch on the return flight from East Prussia. On the other hand, had this coup been as well organized as the 1938 attempt, it might have succeeded despite Hitler's survival of the Wolf's Lair explosion.

Meanwhile, some basic assumptions were emerging at Wolf's Lair. Once it was determined that the bomb had probably been set by Stauffenberg, the assassination attempt was thought to be the act of a single individual. It did not apparently occur to anyone that the bombing might have been part of a conspiracy. In fact, Hitler himself was the likely author of the single assassin theory. Not until nearly 4:30 P.M. when Hitler lifted his communications blackout and word was received that Operation Valkyrie was in progress, did anyone suspect that a coup attempt was related to the bombing. Until now nothing was done to safeguard the Nazi regime against a coup because none was suspected. Now Himmler entered the investigation, calling on his Berlin Gestapo headquarters to find out what had happened and who was involved. Meanwhile, considerable time had passed, and neither side had actually made any significant headway.

During the next few hours a communications battle was waged between Wolf's Lair and Stauffenberg at the Bendlerstrasse. From Wolf's Lair came regular reports that Hitler was alive and well. Using the telephone and teleprinters at his command, Stauffenberg countered with denials and issued fresh orders for the arrest of all SS and SD members throughout the Reich and the occupied territories.

General von Hase, the City Commandant, had ordered the Grossdeutschland Battalion to surround and seal all entrances and exits to a list of government buildings, including several housing the SS. The battalion was commanded by a young officer, Major Otto Remer, who had a distinguished combat record but whose loyalties had not been determined.

Major Remer followed orders; he surrounded the buildings he had been assigned and set up roadblocks around the government quarter. So far these were the only troops at the disposal of the coup. The police were held in readiness by Count Helldorf, who waited for instructions that never came.

A liaison officer between Remer's battalion and the Propaganda Ministry became suspicious of the orders and slipped off to see the Propaganda Minister, Josef Göbbels, in his apartment on the Hermann-Göringstrasse. When informed of the army's activities and the rumor that Hitler was dead, a shocked Göbbels agreed that Remer should be brought to him.

After some soul searching about his responsibility as an officer, Remer decided to answer Göbbels's summons. Following a brief discussion during which Göbbels ascertained Remer's loyalty to the Führer, he called Wolf's Lair. His call went through with no trouble, demonstrating once again the fatal error on the part of the conspirators of failing to close down even civilian communications within Berlin.

Göbbels explained the situation in Berlin, as he now knew it, to Hitler, and handed the phone to Remer. This single brief telephone conversation was the turning point in Berlin, and it spelled ultimate disaster for the coup. Hitler told Remer that a failed attempt had been made on his life. He placed Remer in charge of all troops in Berlin and instructed him to arrest anyone involved in the coup, and to shoot all who resisted him.

This was an intoxicating moment for the young major. Hitler had made him his personal military representative in Berlin, responsible to the Führer only. If Remer had been part of the resistance, perhaps it might have had a better chance at success. Remer immediately recalled his own troops and took control of all other units the coup leaders had ordered into the city. He then surrounded the Replacement Army headquarters on the Bendlerstrasse, signifying to anyone who cared to took that the coup against the Nazi government had failed.

Major Remer surrounded the Replacement Army Operations Center at the Bendlerstrasse, and even worse, Himmler was en route to Berlin to take command of all troop formations in the city and to deal with the traitors.

Stauffenberg and his co-conspirators, Häften, Olbricht and Mertz von Quirnheim, were arrested and taken to the inner courtyard of the Bendlerstrasse Headquarters where a firing squad was waiting. Several cars and trucks had been drawn in a semicircle with their lights focused on the row of sandbags where the condemned men stood silently. Seconds before the shots were fired, Stauffenberg shouted, "Long live holy Germany". In a final act of loyalty, Häften threw himself in front of Stauffenberg, who was merely wounded by the first round. A second volley was needed to finish him. The soul of the conspiracy against Hitler died at 12:30 A.M., 21 July 1944.

Before the second round of executions could be carried out, they were stopped by SS Obergruppenführer Ernst Kaltenbrunner, who was acting as Himmler's personal representative, and SS Sturmbannführer Otto Skorzeny, Himmler's choice to command the Replacement Army. They wanted prisoners who could be interrogated, not corpses.

At exactly 1:00 A.M., 21 July, Hitler broadcast a speech that was carried throughout occupied Europe. In his harsh, flat voice the Führer announced the unsuccessful attempt on his life: "Men and women of Germany, I do not know how many times there have been plans and attempts to assassinate me. If I speak to you today it is, first of all, in order that you should hear my voice and know that I am unhurt and well, secondly that you should know of a crime unparalleled in German history".

Hitler went on to identify Stauffenberg as the intended assassin of the Führer and high-level German military leaders. He called the conspirators a "small clique of ambitious, unscrupulous, and at the same time criminal and stupid officers". He compared them with the anonymous cowards who had stabbed the German army in the back in 1918. To emphasize that the plotters had not infected the army with their poison, he assured his listeners that "this circle of usurpers is very small and has nothing in common with the German Wehrmacht". They were, he went on, "a tiny gang of criminal elements that will be ruthlessly exterminated".

Hitler then described the measures he had taken to excise what he called "this tiny clique of traitors". Himmler was made Commander-in-Chief of the Replacement Army and charged with punishing the conspirators. "This time we are going to settle accounts with them in a manner to which we National Socialists are accustomed". These were chilling words for the conspirators. They knew exactly what Hitler had in store for them. Death would be a slow, torturous agony for the men who had plotted Hitler's death and the destruction of the Nazi government.
Hitler told Joachim von Ribbentrop: "I will crush and destroy the criminals who have dared to oppose themselves to Providence and to me. These traitors to their own people deserve ignominious death, and this is what they shall have. This time the full price will be paid by all those who are involved, and by their families, and by all those who have helped them. This nest of vipers who have tried to sabotage the grandeur of my Germany will be exterminated once and for all".

Members of the SS were never seriously recruited into the 20 July plot, most often since the SS had sworn a personal oath to Hitler that included service above life itself. Therefore, SS members were not considered reliable conspirators for an attempt to kill Hitler. One very notable exception was Arthur Nebe who was implicated in the plot due to his anti-Nazi feelings even though he was a full member of the SS and had even commanded an Einsatzgruppe. Nebe's "fall from grace" was considered due to his many years as a civilian police detective and how he saw most the SS security police as incompetent. Nebe himself was quoted, upon investigating the death of Reinhard Heydrich, that the Gestapo seemed more concerned with reprisals than actually investigating the crime. Even so, Nebe's exact fate after the bomb plot remains unclear to this day. Most reports state he was executed; however, alternate theories suggest Nebe escaped Germany under an assumed name with reports placing him in Ireland as late as 1960.

Thursday, August 20, 2020

Agent "M" - Maxwell Knight

Agent M – The Lives and Spies of MI5’s Maxwell Knight, by Henry Hemming (bcls 5 Pioneer Blvd., Westampton, N.J. 08060)

“Maxwell Knight was perhaps the greatest spymaster in history, rumored to be the real-life inspiration for the James Bond character ‘M.’”

“Max did not imagine that his work for MI6 and MI5 would ever become public knowledge. Nor did he think that his moniker, ‘M,’ would come to be associated all over the world with a pipe-smoking British spymaster.”

“In late 1962 Max may have visited one of the cinemas in Camberey to see the first James Bond film, Dr. No. The audience would have been mostly teenage boys, all in love with the idea of being a spy – as Max had been at their age. Within the first ten minutes of the film, Bond’s spymaster, ‘M,’ appeared on the screen. Although Max would have known about this character from Fleming’s books, which had begun to be published ten years earlier, the legend of the James Bond ‘M’ only really took off once the films came out.”

“Fleming never revealed who had inspired this character. Yet, in manner, M was clearly based on Fleming’s former boss, Admiral John Godfrey, who had been director of naval intelligence. But Godfrey was never called ‘M.’ The name of this character was most likely a nod to Max. He and Fleming may have met each other either professionally during the war, or socially through Ian Menzies. Otherwise, Fleming would have heard of the MI5 spymaster. Max had been known as ‘M’ within MI5 and beyond since 1931. He ran ‘M’ Section. His agents all had codenames such as ‘M/1’ and ‘M/A.’ He signed all of his correspondence as ‘M’ and had dealings with individuals and organizations throughout the world. Although there was one other figure in wartime British Intelligence who was briefly known as ‘M’ – Major-General Sir Colin Gubbins, the head of SOE (Special Operations Executive) – by the time Fleming began to write his James Bond novels the man with the greatest claim to the moniker ‘M’ in British intelligence was undoubtedly Maxwell Knight.”

Maxwell Knight was also a naturalist – who often wandered into the woods on field trips, so he would have been interested in knowing that the real James Bond was the Philadelphia ornithologist and author of the book “Birds of the West Indies,” from whom Fleming acknowledged appropriating the name for his 007 agent.


The real James Bond also attended Cambridge, and was a member of the Pitt Club, as was notorious double-agent Guy Burgess. Bond was also associated with CIA bagman Philadelpia philanthropist Cummins Catherwood, whose CIA connections were exposted in The Invisible Government (Wise and Ross). 

Sunday, August 9, 2020

Japanese Docu-drama Oswald and JFK Unsolved Cases Parts 1-2

 Japanese Docu-drama Oswald and JFK Unsolved Cases Parts 1-2

While I am preparing a detailed account of the Valkyrie Hitler Plot at Dealey Plaza and The Supreme Court, that will be out in a few days, I learned that the Japanese docu-drama was released in Japan in June and an English version is now available here.

NHK is the Japanese public TV network, similar to the Public Broadcasting Service PBS - in the USA.

I arranged for Mr. Nuguchi the producer and director to film the CAPA Conference in Dallas last November 2019, and he has interviews with Dick Russell, Jeff Morley and Rolf M. Larssen, as well as others.

But I am disappointed with this production for a number of reasons. For one it is no a true documentary, but has an actor playing Oswald, novelizing it rather than making it strictly non-fiction.
And it opens with a reading from Walt Whitman's Leaves of Grass, something I just don't get.

Dick Russell, Jeff Morley and Rolf M. Larssen are all very good and I pretty much agree with them as to how the Dealey Plaza Operation went down. When I get a chance I will make a partial transcript of what they say.

NHK World Prime - NHK World-Japan On Demand

Part 1 - The Pawn
https://www3.nhk.or.jp/nhkworld/en/ondemand/video/3016074/

Part 2 - The Chessmaster
https://www3.nhk.or.jp/nhkworld/en/ondemand/video/3016075/


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Monday, July 27, 2020

The Supreme Court Takes on a JFK Case

THE SUPREME COURT TAKES ON A JFK CASE

Five Supreme Court Rulings of Global Import | Voice of America ...Liberals See US Supreme Court's Future an Election Issue


EXECUTIVE SUMMARY

[ BK NOTES: I will be writing a much more in depth article on the Hitler Plot case and how it relates to the assassination of President Kennedy but I thought I would try to write a summary of the case as it now stands in less legal terms. More to come. Stay Tuned.]


While most of the government and society grounded to a virtual halt during the pandemic of 2020, the Supreme Court of the United States kept chugging along, ruling on a number of cases that will have a major impact on laws, elections, the president’s finances and how government works. The gears of justice grind slow however.

Eight years ago, on August 25, 2012, lawyers for the Assassination Archives and Research Center (AARC) filed a Freedom of Information Act request (FOIA) for some specific records that are mentioned in another document that was previously released under the JFK Act of 1992.

The Assassination Archives and Research Center, is a privately funded, Maryland-based organization founded by Bud Fensterwald in 1984 “to provide a permanent organization which would acquire, preserve, and disseminate information on political assassinations.”  The attorney’s for AARC in this case are Dan Alcorn, the Counsel of Record, and AARC director and co-counsel Jim Lesar. [https://aarclibrary.org/  ]

Government agencies usualy drag their feet in response to all FOIA requests, and those filed by individuals often drag on until the requester loses interest or dies, but those filed by permanent organizations are not going to go away. So they get more attention.

The case stems from a document dated September 25, 1963 detailing a meeting of the Joint Chiefs of Staff who were briefed by CIA official Desmond FitzGerald on covert operations against Cuba.

Daniel Alcorn, the AARC attorney, said the document contained an intriguing reference to the CIA basing a plot to kill Fidel Castro in 1963 on an earlier plot to kill Adolph Hitler during World War II.


Thanks to Rex Bradford at MaryFerrel.org for posting these records and providing the links. 

[The Original Document: Sept. 23 memo re: Special Group Security:


Known as the Higgins memo for its author, Colonel Walter Higgins. Higgins was adjunct to General Victor “Brute” Krulak, USMC, the officer responsible for the military’s assistance to the CIA’s covert operations, especially against Cuba.

I listed the Higgins Memo - as the Number One Smoking Document released under the JFK Act for a number of reasons.


The meeting was chaired by Air Force Chief of Staff Gen. Curtis LeMay because General Maxwell Taylor was in Vietnam on a special mission for the president. The purpose of the meeting was for the Joint Chiefs of Staff to be briefed on CIA Covert Operations against Cuba by Desmond FitzGerald, who had replaced William Harvey as head of the CIA Cuban desk -Task Force W. Renamed by FitzGerald as the Special Group of the National Security Council that was responsible for approving or disapproving covert operations.

The key paragraph is bullet point # (13):

 "He (Desmond FitzGerald) commented that there was nothing new in the propaganda field. However, he felt that there had been great success in getting closer to the military personnel who might break with Castro, and stated that there were at least ten high-level military personnel who are talking with CIA but as yet are not talking to each other, since that degree of confidence has not yet developed. He considers it as a parallel in history, i.e., the plot to kill Hitler, and this plot is being studied in detail to develop an approach.”

“This was new information to us when we saw it,” Alcorn said, so the AARC filed an official Freedom of Information Act (FOIA) request for any documents or records of this detailed study of the German military plot to kill Hitler.

Over the course of a few years the CIA responded by saying that it could not find any reference to the “detailed study” that the CIA had conducted in 1963 of the July 20, 1944 German military plot to kill Hitler that was being adapted “to develop an approach” for use against Castro.

Then the CIA reversed itself and acknowledged that they found one reference to the plot to kill Hitler in a 1964 propaganda pamphlet that blamed the failure of the 1944 plot on communists.

The CIA’s chief historian David Robarge was consulted, and he recommended that the Office of Strategic Services (OSS) records be checked at the National Archives and Records Administration (NARA).
Frustrated, the center sued the agency in federal court in Washington, D.C. on January 25, 2017.


When a three judge appeals court reviewed the case, one of the judges asked the CIA some important questions, wondering if the CIA kept copies of OSS records, a question that went unanswered.

The case appeared to be dead in the water until June 8, 2020, when the Solicitor General of the United States, Noel J. Francisco, filed a waiver of response in AARC’s petition to the United States Supreme Court seeking documents related to new information related to the assassination of President Kennedy.  

“AARC seeks documents related to a briefing of the Joint Chiefs of Staff on September 25, 1963 by CIA Cuban operations head Desmond Fitzgerald.  Fitzgerald informed the Joint Chiefs that CIA was studying in detail a parallel in history to develop an approach to dealing with Fidel Castro- the July 20, 1944 plot by German military officers to assassinate Adolf Hitler. “

As the AARC notes, one-time CIA Director Allen Dulles, and Warren Commissioner, was in close contact in 1944 with the German plotters from his position as head of European operations for OSS in Bern Switzerland. 

The CIA denied finding any such records and instead pointed to the National Archives as a possible source for information.  Alcorn responded, “Clear Supreme Court case law holds that federal agencies cannot shirk their duties under the Freedom of Information Act by pointing requesters to another agency of the government, as CIA has done…. Solicitor General Francisco’s waiver of a response is another instance of CIA failing to address troubling facts related to the assassination of President Kennedy.”

A copy of the waiver is attached.  The Supreme Court is likely to take up AARC’s petition in late September and rule in October during its fall session.

AARC v. CIA12 CIA Waiver Letter 19-1273 AARC v. CIA12 CIA W

The Supreme Court had previously granted  a writ of certiorari on February 28, 2020 in case # 19-547, Fish and Wildlife Serv., et al. v. Sierra Club, Inc. According to the AARC, “That case presents an issue closely similar to one in Petitioner’s case involving the deliberate process privilege under Exemption 5 of the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552(b)(5). The results of the two cases arising from different circuits are in conflict.”

“The Fish and Wildlife Service case presents an issue of compelled release under the FOIA of draft documents for which the government asserts a deliberative process privilege under FOIA Exemption 5….Petitioner AARC’s case involves the Central Intelligence Agency’s successful assertion of the Exemption 5 deliberative process privilege for information reflecting CIA’s search activities in responding to Petitioner’s FOIA request. Petitioner’s FOIA request relates to a matter of public importance- new information about the circumstances of the assassination of President Kennedy.”


The appeal to the Supreme Court centers on the “deliberative” process and exemption, which is being used in this case to withhold the inter-office memos, emails and phone calls that detail the extent to which the CIA searched for the relevant records.

According to the AARC attorneys, “The United States Supreme Court has officially requested that the Department of Justice file a response to the AARC’s ‘Hitler plot’ lawsuit. The Central Intelligence Agency (CIA) has waived its right to file a brief opposing the AARC’s petition. Now at least one member of the Supreme Court has requested that the Solicitor General, acting on behalf of the Department of Justice, explain why the CIA has not set forth its position on the facts and legal issues raised by the AARC’s petition.”

“The ultimate goal in a petition for a writ of certiorari is to get the United States Supreme Court to issue the writ. The issuance of this week’s (16 July, 2020) request by the Supreme Court places the AARC just one step away from achieving this goal.”

“ The challenge of this effort remains a daunting and problematic process, but at least the AARC has reached the very threshold of success.  The AARC is encouraged by this development and remains optimistic about reaching the top of this nation’s judicial pyramid.”

The AARC will have the right to reply to the Solicitor General’s contentions.

View the Supreme Court’s request to the Office of the Acting Solicitor General by clicking HERE: 19-1273 Response Request.

The Acting Solicitor Genera must respond to the Supreme Court by September 16, and the Supreme Court will begin review of the records on September 29, nearly fifty seven years to the day the Higgins Memo was written. They should have a ruling sometime in October.

Alan Dale has posted a new page at the AARC web site that is devoted to current FOIA litigation:

Join and Support AARC:   https://aarclibrary.org/aarc-membership/
Support JFKCountercoup:

New AARC FOIA Requests on Byrd, Alvenseben and Doolittle

 

New AARC FOIA Requests

AARC Counsel of Record for the "Hitler Plot" case going before the Supreme Court isn't wasting any time waiting for them to deliberate and make a decision. Alcorn has fired another round of Broadsides requesting the CIA records on D. H. Byrd, the owner of the Texas School Book Depository, Byrd's safari hunting partner Werner von Alvensleben, Jr., and records related to the Doolittle Report on CIA covert activities, that was prepared by General James Doolittle, another Byrd safari hunting partner. 

July 4, 2020

FREEDOM OF INFORMATION ACT REQUEST

Information and Privacy Coordinator
Central Intelligence Agency
Washington, D.C. 20505
Re: Freedom of Information Act Request

Dear Information and Privacy Coordinator:

On behalf of my clients Assassination Archives and Research Center, Inc. and attorney James
H. Lesar, I make the following request of the CIA under the Freedom of Information Act, 5 USC
Sec. 552:

1. Search for and release all records or information in any format related to David Harold
Byrd (deceased) of Dallas, Texas. Mr. Byrd died on September 14, 1986 (see attached
obituary from the Dallas Times-Herald). Mr. Byrd owned the Texas School Book
Depository Building at the time of the assassination of President Kennedy in 1963, and
reportedly removed the “sniper’s window” from the building after the assassination and
displayed it in his mansion. Mr. Byrd was an owner and financier of government
contracting companies including Texas Engineering Manufacturing Company (TEMCO),
E-Systems, and Ling-TEMCO-Vaught (LTV). E-Systems was well known as a CIA
contractor, so much so that in 1975 CIA solicited E-Systems to purchase its proprietary
airline, Air America. David Harold Byrd was also active in the oil business and varied
other business enterprises. David Harold Byrd co-founded the Civil Air Patrol (CAP) in
1941 and served in command capacities in CAP until the early 1960’s. Civil Air Patrol is
the official auxilary of the US Air Force. In the 1950’s Mr. Byrd served with Cord
Meyer, Sr. on the national executive board of CAP (Cord Meyer, Jr. was a ranking CIA
executive).

2. Search for and release all records and information in any format related to Werner von
Alvensleben, Jr. (died 1998), of Mozambique (formerly Portuguese East Africa). Mr.
Alvensleben owned and operated the big game hunting company named Safarilandia in
Portuguese East Africa, later Mozambique. According to released Office of Strategic
Services (OSS) records, Mr. Alvensleben served as a valued double agent for OSS during
World War II in Portuguese East Africa. OSS records state that Mr. Alvensleben was a
member of the Bavarian Military Police in 1933, headed by Heinrich Himmler (the
Bavarian Military Police became the Nazi SS, according to OSS records). In 1933 Mr.
Alvensleben was sent to Austria to participate in the assassination of an Austrian official.
Mr. Alvensleben was arrested by the Austrians and imprisoned for this activity.

According to reports in the Dallas Morning News, Mr. Alvensleben was in Dallas, Texas
as a guest of David Harold Byrd in late 1963. Further, David Harold Byrd was reported
to be present at Mr. Alvensleben’s Safarilandia on November 22, 1963, the day of
President Kennedy’s murder. Due to Mr. Alvensleben’s service as a valued double agent
for OSS in World War II, it is likely that Mr. Alvensleben served as an asset of the CIA
after the war, or had contact with the CIA.

3. Search for and release all records and information in any format related to the Doolittle
Report of 1954 and its appendices A-D. The Doolittle Report was the result of a
commission established by President Eisenhower to study the activities of the CIA and
headed by General James Doolittle. The Doolittle Report called for more aggressive CIA
covert activities that had previously been believed to be repugnant and contrary to
American values. Requesters seek full release of the requested materials. As shown in
the attached obituary of David Harold Byrd, General Doolittle and Mr. Byrd were
substantial friends who shared an interest in aviation from the early years. Mr. Byrd and
General Doolittle were Safari hunting partners on several occasions.

If it is your position that any portion of the requested records is exempt from disclosure,
Requesters request that you provide them with an index of those documents as required under
Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974). As you are
aware, a Vaughn index must describe each document claimed as exempt with sufficient
specificity “to permit a reasoned judgment as to whether the material is actually exempt under
FOIA.” Founding Church of Scientology v. Bell, 603 F.2d 945, 949 (D.C. Cir. 1979).

Moreover, the Vaughn index must “describe each document or portion thereof withheld, and for
each withholding it must discuss the consequences of supplying the sought-after information.”
King v. U.S. Dep’t of Justice, 830 F.2d 210, 223-24 (D.C. Cir. 1987) (emphasis added). Further,
“the withholding agency must supply ‘a relatively detailed justification, specifically identifying
the reasons why a particular exemption is relevant and correlating those claims with the
particular part of a withheld document to which they apply.’” Id. at 224 (citing Mead Data
Central v. U.S. Dep’t of the Air Force, 566 F.2d 242, 251 (D.C. Cir. 1977).

In the event that you contend some portions of the requested records are properly exempt
from disclosure, please disclose any reasonably segregable non-exempt portions of the requested
records. See 5 U.S.C. § 552(b). Claims of nonsegregability must be made with the same degree
of detail as required for claims of exemptions in a Vaughn index. If a request is denied in whole,
please state specifically that it is not reasonable to segregate portions of the record for release.
Public Interest Fee Waiver Request

In accordance with 5 U.S.C. § 552(a)(4)(A)(iii) requesters request a waiver of fees
associated with processing this request for records based on the fact that a waiver is in the public
interest. The subject of this request concerns the operations of the federal government and its
expenditures, and the disclosures will likely contribute to a better understanding of relevant
government procedures by the general public in a significant way. Moreover, the request is
primarily and fundamentally for non-commercial purposes. The DC Circuit Court of Appeals
has recognized that Congress amended FOIA to ensure that public interest fee waivers be
“liberally construed in favor of waivers for noncommercial requesters”. Judicial Watch, Inc. v.
Rossotti, 326 F.3d 1309,1312 (D.C.Cir. 2003). Assassination Archives and Research Center and
Mr. Lesar are noncommercial requesters and thus falls in the category of authors, researchers and
public interest groups favored for a fee waiver. Campbell v. U.S. Dept. of Justice, 164 F.3d
20,35 (D.C.Cir. 1998).

The Assassination Archives and Research Center (“AARC”) was founded in 1984 as a
non-profit organization to house records related to political assassinations and to encourage
research in the field. Mr. Lesar was a cofounder in 1984 and has served as President of the
Center since 1991. AARC maintains a website which includes a public library of released
government documents for use of the public. AARC maintains the largest collection of materials
on the assassination of President Kennedy in private hands.

Sincerely,
/s/ Daniel S. Alcorn
Daniel S. Alcorn
Counsel for Requesters