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Chairman STOKES. The committee calls President Ford. All persons in the room
are requested to remain seated when the former President comes into the room.
This is for security reasons. Good morning, Mr. President.
TESTIMONY OF FORMER PRESIDENT GERALD R. FORD
President FORD - Good morning.
Chairman STOKES - May I ask you to please stand and take the oath. Just raise
your right hand. You solemnly swear the testimony you will give before this
committee is the truth, the whole truth and nothing but the truth, so help you
God. President FORD. I do.
Chairman STOKES - Thank you. You may be seated. Welcome back to Capitol Hill,
Mr. President.
President FORD - Thank you.
Chairman STOKES - Nice to see you here. For security purposes we asked that all
persons remain in their seats when you came into the room. At this time the
Chair recognizes counsel for the committee, Mr. Gary Cornwell.
Mr. CORNWELL - Thank you, Mr. Chairman. Good morning, Mr. President.
President FORD - Good morning. Mr. Chairman, if I might, I have a very short
opening statement which I would appreciate the opportunity to read, then I will
be glad to respond to whatever the questions may be of Mr. Cornwell.
Chairman STOKES - Mr. President, we would be glad to receive your statement at
this time.
President FORD - Chairman Stokes, members of the committee, it is nice to be
home and it is a great honor and great privilege to testify before this
committee, and I thank you for the opportunity to appear along with my
distinguished former colleagues on the Warren Commission, Senator John Sherman
Cooper and the Honorable John McCloy. Each of us who were appointed by President
Lyndon B. Johnson to the Warren Commission and who signed the final report of
that Commission are prepared to respond to questions as submitted by you or the
members of the committee or the staff. I trust the committee understands my
particular situation. I am most willing to respond to any and all questions
relating to my service on the Warren Commission and related matters, but I must
respectfully refuse to answer questions under the principle of Executive
privilege that relate to the period from August 9, 1974, to January 20, 1977,
the time that I served as President of the United States. The Warren Commission
was given by President Lyndon B. Johnson the tragic responsibility to
investigate the assassination of President John F. Kennedy. No member of the
Commission sought the assignment, but each member believed it was a public duty
to respond to the request of the President. It was not an easy or pleasant duty
because each of us had known President John F. Kennedy. The Commission, under
the chairmanship of the Chief Justice, Earl Warren, conducted, in my opinion, a
thorough, objective analysis and investigation, with the assistance of an
outstanding staff and the help of many, many others within and without the
Federal establishment. The conclusions and recommendations of the Commission
were unanimous. We believe the Commission report, despite questions that have
been raised over the past 14 years, was an authoritative document covering one
of the most tragic episodes in the history of the United States. In my own case,
the staff of the committee has submitted a set of questions and requested
responses in specific areas of inquiry. I will be glad to respond to the
questions as propounded by Mr. Cornwell or members of the committee and I thank
you for the opportunity to make my opening statement.
Chairman STOKES - Thank you, Mr. President, and we appreciate your appearance
here this morning, and at this time the Chair will recognize Mr. Gary Cornwell
for preliminary questions.
Mr. CORNWELL - Thank you, Mr. Chairman. Mr. President, I would like to initially
direct your attention to the fact that in response to the assassination there
were a number of basic decisions made, first, of course, to create the Warren
Commission, as opposed to relying, hypothetically, for instance, upon such other
bodies as the Department of Justice, for the purpose of supervising the
investigation. Second, I would like to focus your attention upon the decision to
rely upon the investigative agencies as opposed to perhaps attempt- ing to
create an investigative staff of the Warren Commission; the question of time
constraints that may have been imposed upon the members and their staff because,
of course, they were influential and busy men and they did have outside
interests which coincided with the operation of the Commission; and such things
as the relationship between the Commission and the investigative agencies. I
would like to ask you to comment upon that, namely, the effectiveness of the
organization and the procedures which were adopted in response to the
assassination.
President FORD - In my judgment, Mr. Cornwell, the Warren Commission made a
basic decision, which was a proper one. We decided that it was inadvisable for
the Commission to recruit a totally new investigating staff, and we felt that it
was far better to pursue the procedure which we did, which was to employ a
limited group of very outstanding and prestigious lawyers, as I recall 14 in
number, who came onto the staff and headed the staff organization. Then that
staff under the close supervision and control of the Commission worked with the
various investigative agencies of the Federal Government such as the FBI, the
CIA, Secret Service, and others. I must emphasize one point. Although the staff
and the Commission utilized the investigative personnel and capabilities of
organizations within the Federal establishment, we as a Commission and the staff
were never satisfied with what information we got from these Federal
organizations. What we did was to use them as a base, and then the staff and the
Commission took off from there and handled individually the inquiries, the
questions, and any leads that came to the Commission or to the staff.
Mr. CORNWELL - The Senate Select Committee to Study Governmental Operations
looked into some of these same areas and in book V of their final report they
commented upon them. It is my understanding that your opinion was not consulted,
in fact I don't believe the opinions of the other Warren Commission members were
consulted, prior to the publication of that report, so I would like to direct
your attention to a limited portion of it and ask you to comment upon its
accuracy from your point of view. At page 6 of the report, the Senate committee
concluded that facts which might have substantially affected the course of the
investigation were not provided the Warren Commission or those individuals
within the FBI or CIA, as well as other agencies of the Government who were
charged with investigating the assassination. The FBI was ordered by Director
Hoover and pressured by higher Government officials to conclude its
investigation quickly. The FBI conducted its investigation in an atmosphere of
concern among senior Bureau officials that it would be criticized and its
reputation tarnished. On page 46 the report goes on to note that with only minor
isolated exceptions, the entire body of factual material from which the
Commission derived its findings was supplied by the intelligence community,
primarily the FBI, and on page 47 the report concludes that although the
Commission had to rely on the FBI to conduct the primary investigation of the
President's death, their relationship was at times almost adversarial, such
relationship was not conducive to the cooperation necessary for a thorough and
exhaustive investigation. Would you agree with that, and to what extent, if any,
would you think that such factors might have substantially affected the
effectiveness of the investigation?
President FORD - Mr. Chairman and Mr. Cornwell, the committee did send to me
this question, among others, and the material from the Church committee report.
Because I want to be very accurate, since it involves a committee of the U.S.
Senate, I would like, if I might, Mr. Chairman, to read a response to the
question that Mr. Cornwell has asked, and with your approval I will do so.
Chairman STOKES - You certainly may do so.
President FORD - I concur with the conclusions of the Church committee's final
report, book V, page 6, which states, and I quote: "The Committee emphasizes
that it has not uncovered any evidence sufficient to justify a conclusion that
there was a conspiracy to assassinate President Kennedy." I categorically deny
that the investigation of the assassination was deficient. The Church committee
concedes directly or by implication that the Commission's conclusions based on
available evidence were correct. To date, I have seen no new evidence that would
change my views as a former member of the Commission. The Church committee
states that the FBI was pressured by Director Hoover and higher Government
officials to conclude its investigation quickly. The committee does not
differentiate between the Commission's investigation and the investigations by
the FBI and other Federal agencies. The FBI may have hurried its internal
investigation, but the Warren Commission sets its own schedule for completion of
its work, based on its best estimate of the time required to carry out the
mandate of President Johnson. When the Commission found that July 1964 was
insufficient, the time was extended so we could properly conclude. The Church
committee erroneously assumed that the main investigation was done by the FBI,
when in fact it was undertaken by the Commission and the 14 independent lawyers
assembled by the Commission and the rest of the Commission staff. I do find in
reading pages 6 and 7 of the Church committee's report, that questions of policy
procedures, decisions and so forth are raised but then in many instances the
committee report did not come to firm conclusions or make categorical
recommendations based on their sources of information. My response to pages 46
and 47 of the Church committee report are as follows: 1. The Warren Commission
did use the intelligence agencies of the Federal Government for the initial
factual information and their preliminary analysis. However, the Commission and
the staff never accepted this material at face value. From the information
supplied from all sources, an independent followup investigation was conducted
by the Commission staff, including interviews, interrogations and cross
checking. Conclusions by the Commission were based on this independent process
and not on Federal agency determinations. The Commission had an obligation to
follow a dual policy, on the one hand, to get maximum voluntary cooperation from
all Federal agencies including the FBI, and on the other hand, to be insistent
that the agencies respond in cooperation in however the Commis- sion demanded.
The latter requirement may have led some agencies to believe that there was an
adversarial relationship. For the Commission to have adopted any other posture
would have led the Commission critics to charge that the Commission was not
carrying out its Presidential mandate.
Mr. CORNWELL - I would next, Mr. President, ask you if you would direct your
attention to the possibility of some outside pressure or concern upon the
Commission, and for that purpose I would like to show you two exhibits marked
for identification, JFK F-457 and JFK F-443. The first exhibit, Mr. Chairman, is
a memorandum prepared by Presidential Assistant Walter Jenkins, dated November
24, 1963, and containing a resume of comments by FBI Director Hoover made on
that date, and the second one is a memorandum reflecting-well, a memorandum from
Mr. Evans and the FBI to Mr. Belmont and attaching a memorandum of Deputy
Attorney General Katzenbach dated November 25. May we have those admitted into
evidence, Mr. Chairman.
Chairman STOKES - Without objection, they may be entered into the record at this
point. [The above-referred-to exhibits,
JFK F-457
and JFK F-443, follow:] [JFK exhibit F-457 was entered previously.]
JFK EXHIBIT
F-443
What I would like to ask you is, were you aware of any such pressures at the
time, and if so, to what extent, if any, do you think they might have distorted
the investigative process?
President FORD - To the best of my recollection, and I remind the committee that
the commission did its job 14 years ago, there was no pressure as a consequence
of a memo or a statement by Walter Jenkins. There was no pressure from any
actions taken by Mr. Katzenbach. I fully would understand, however, the concern
of the White House staff at that time for some early resolution of whatever the
Warren Commission would decide. I can understand why the Department of Justice,
and other Federal agencies, may have wanted some statement from the Commission
at the earliest possible date. But to my best recollection, there was nothing
that came from President Johnson or any of his associates in the White House,
there was nothing that came to the Commission from the Department of Justice or
other Federal agencies to hurry, in an incomplete way, a decision by the Warren
Commission. Now, again, to be very precise, I would like to read from a prepared
response I have in reference to the Mexican question that has been raised. I was
not informed at the time of the Helms cable to the CIA Mexican station chief,
but to my best recollection, the members of the Commission were familiar with
the strong personal feelings of the then-U.S. Ambassador to Mexico. The
Ambassador did believe that Castro was somehow involved in a plot to assassinate
President Kennedy, and he was forceful in setting forth those views. This view
of the Ambassador obligated the Commission to make a thorough investigation of
the Ambassador's charges and the attitude of the CIA, FBI, and State. Although
the Helms cable, to my best recollection, was not seen by me, I was familiar
with the general views of the three departments as reflected in the Helms cable.
I believe the Commission was carried out to investigate any divergent views
between the Ambassador, on the one hand, and the three departments on the other.
Mr. CORNWELL - Mr. President, the committee has received evidence about such
things as the destruction of a note within the FBI that caused internal
dissension at the time, a note which may have been from Oswald and was delivered
to Special Agent Hosty. We have received evidence of such things as the
existence of CIA assassination plots, an association between CIA officers and
some members of the underworld. Was the Warren Commission familiar with those
type of things and, if not, using the benefit of hindsight, could their
existence have distorted the investigation?
President FORD - It is my best recollection that we were not familiar with the
alleged destruction of the Oswald note to Hosty. From what I have read of the
content, or the alleged content of that note, I don't think the course of the
investigation would have been changed by either the note itself or the
destruction of that note. The other question that was raised, the allegation
that the CIA considered the possibility of using Oswald as a source of informa-
tion, I am not able to recollect whether we were familiar with that possibility,
but, in my opinion, if we had known about it, I do not believe it would have
significantly changed the course of or the conclusions of the Warren Commission.
There was a question raised about Mr. Hoover's theory of 1959 that Oswald may
have been an imposter. I personally was not familiar with that attitude of Mr.
Hoover, in all honesty, I don't think that attitude on his part would have
significantly changed the course of our investigation or the conclusions of the
Commission. You also raised the question as to the connection or possible
involvement of the underworld in any assassination plot. I would like to state
this for the record: I do not believe that if there was any association between
some CIA officers and members of the underworld that that would have changed the
conclusion of the Warren Commission. However, had the Warren Commission known of
any assassination plots directed against Castro, this might have affected the
extent of the Commission inquiry. In other words, if we had known of these
assassination plans or attempts by an agency of the Federal Government, it
certainly would have required that the Commission extend its inquiry into those
kinds of operations by an agency of the Federal Government. But from what I have
known of those plots, what I have read or heard, I don't think they, in and of
themselves, would have changed the conclusions of the Commission.
Mr. CORNWELL - Finally, I would like to show you two exhibits marked for
identification as JFK F-464 and JFK F-467, each of which respectively relate to
the fact the CIA may have considered, at one point, the possibility of using
Oswald as a source of information, and the second one relating to a theory or
speculation that Mr. Hoover had at one point, that there may have been an Oswald
imposter. May we have those admitted into the record, Mr. Chairman?
Chairman STOKES - Without objection, they may be entered into the record. [The
above referred to exhibits, JFK F-464 and JFK F-467, follow:]
JFK EXHIBIT
F-464
JFK EXHIBIT
F-467
Mr. CORNWELL - Was the Warren Commission told about either such matter, to
your knowledge, Mr. President?
President FORD - Not to my best recollection.
Mr. CORNWELL - Finally, the committee has received some evi- dence there may
have been an employee in the Cuaban consulate in Mexico City which may have had
foreknowledge of the assassination, and the employee may have been a member of
Cuban intelligence. Did you ever receive ay such information, to your memory,
during there course of the Warren Commission's deliberations?
President FORD - It is my best recollection we were not so in- formed.
Mr. CORNWELL - Thank you. I have no further questions.
Chairman STOKES - Thank you, Counsel. At this point, the Chair will recognize
the gentleman from Ohio, Mr. Devine, for such time as he may consume, after
which the committee will operate under the 5-minute rule. The gentleman from
Ohio, Mr. Devine.
Mr. DEVINE - Thank you, Mr. Chairman. Mr. President, we welcome you here this
morning and we appre- ciate it must be a bit difficult after 14-plus years to
recall every- thing that occurred on this Commission, particularly due to the
vast responsibilities that were put upon you, as both Vice President and
President of the United States, during the intervening time. With all due
deference to the other members of the Warren Commission that are present, you
did attain, probably, the reputa- tion of being the most conscientious member of
the Commission, having attended more meetings and interviewed more witnesses
than anyone else on the Commission at that time. In that conclusion, Mr.
Chairman, would Ms. Berning make available to the President JFK exhibits F-441
and F-442. Mr. President, I think you have had an opportunity to, on a previous
occasion, review these two memorandums, one of which is dated December 12, 1963;
the other December 17, 1963, both memorandums being authored by the Assistant
Director of the Federal Bureau of Investigation, Mr. Cartha DeLoach. And I would
like to ask you if these memorandums, you had a chance to review them, are
accurate with respect to the conversations with you and what, if any,
relationship you had with the FBI during the operation of the Warren Commission.
President FORD - Congressman Devine, I appreciate the opportunity to respond to
the two memorandums from Mr. DeLoach, one of December 12, 1963, and one of
December 17, 1963. And if the committee will permit, I will read a prepared
statement because I wish to be very accurate in this regard. During my service
in the Congress from January 3, 1949, until appointed to the Warren Commission,
I had had an excellent relationship with the FBI. It was not on a frequent
basis. I barely knew J. Edgar Hoover, but like most Americans, had great respect
for him and the Bureau. Over that period, I became reasonably well acquainted
with Lou Nichols, who was Mr. DeLoach's predecessor. Mr. Nichols had a
longstanding relationship with eight or nine editors of Booth newspapers in
Michigan, including the Grand Rapids Press, which was the Booth paper in my
hometown. I met with Mr. DeLoach through Mr. Nichols, and when Mr. Nichols
retired and whenever I had a congressional matter involving the FBI, I would
contact Mr. DeLoach. These were contacts well before my appointment to the
Warren Commission. After my appointment to the Commission, and following several
of the Commission's organizational meetings, I was disturbed that the Chairman,
in selecting a general counsel for the staff, appeared to be moving in the
direction of a one-man Commission. My views were shared by several other members
of the Commission. The problem was resolved by an agreement that all top staff
appointments would be approved by the Commission as a whole. In my December 12,
1963 discussion with Mr. DeLoach in my office, I told him of this temporary
internal conflict with the Commission-within the Commission, I should say. In
that same meeting with Mr. DeLoach, we discussed several other matters,
including involving possible decisions of the Commission, and I related the
visit to my office by Mr. John McCone, who was then director of the Central
Intelligence Agency. Mr. DeLoach gave me additional information on the matter
discussed by Mr. McCone. On December 17, 1963, I again met with Mr. DeLoach in
my office and the subjects discussed are set forth in the copy of the memo from
Mr. DeLoach to Mr. Moore. In reference to these meetings with Mr. DeLoach, and
my questions relating to my relationship as a Commission member with the FBI, I
will state the following: One, I do not have any memoranda which shows that
after December 19, 1963, I had any contact with Mr. DeLoach, and I know of no
other memoranda from any source. Two, the two contacts with Mr. DeLoach, which
were prior to December 20, were made during the organizational period of the
Commission and before any investigations or hearings were undertaken by the
Commission. Three, to my best recollection, the DeLoach memos appear to be
accurate, but the relationship mentioned by Mr. DeLoach did not continue during
the investigation period of the Commission.
Mr. DEVINE - On Sunday, June 7, 1964, Mr. President, you and I, I think, Chief
Justice Warren went to Dallas and had an interview with Jack Ruby. Do you recall
that situation?
President FORD - I recall it vividly, Mr. Devine.
Mr. DEVINE - You may further recall that during this conversation, Mr. Ruby said
as follows, and this appears on page 194 of the transcript: Gentlemen, if you
want to hear any further testimony, you will have to get me to Washington soon,
because it has something to do with you, Chief Warren. Do I sound sober enough
to tell you this?
Chief Justice WARREN - Yes; go right ahead.
Mr. RUBY -I want to tell the truth, and I can't tell it here. I can't tell it
here. Does that make sense to you?
I would ask you, Mr. President, why was Ruby not taken to Washington for further
questioning as he requested?
President FORD - First, the Chief Justice, the Chairman of our Commission, and
myself, along with several staff members, thoroughly interrogated Jack Ruby in
Dallas on that Sunday afternoon; the interrogation went 3 or 4 hours. We believe
that we had fully probed from him all of the information that he had available,
and the Chief Justice, the Chairman and I reported back to the other members of
the Commission the interrogation that we had of Jack Ruby. The other members of
the Commission had full access, of course, to the transcript. It is my best
recollection that the other members of the Commission agreed with the Chief
Justice and myself that it was not necessary to bring Jack Ruby from Dallas to
Washington and to go through another interrogation of him in the Nation's
capital. Second, as the transcript indicates, Jack Ruby did request a polygraph
examination. At his request, that was given, and the Commission and the staff of
the Commission had the benefit of that polygraph and that interrogation. So,
when you brought it all together, the interrogation by the chairman and myself
and the staff, plus the polygraph, it did not seem necessary to bring Jack Ruby
down to Washington for further investigation or interrogation.
Mr. DEVINE - In other words, it was the feeling of the Commission, or at least a
majority of them, that no meaningful purpose would be served by transporting him
from Dallas to Washington, is that right?
President FORD - That is correct, sir.
Mr. DEVINE - In another vein, Mr. President, if you know, why did Earl Warren
agree to accept the position as head of the Warren Commission?
President FORD - I assume that the responsibilities of the Chief Justice---
Mr. DEVINE - Would you hold a minute, I think we have lost our sound. Thank you
Mr. President. Let me repeat the question, if you know, why did Chief Justice
Warren accept the assignment as head of the Warren Commission?
President FORD - I believe that Chief Justice Warren accepted the assignment
from President Johnson for precisely the same reason that the other six of us
did. We were asked by the President to undertake this responsibility, as a
public duty and service, and despite the reluctance of all of us to add to our
then burden or operations, we accepted. I am sure that was the personal reaction
and feeling of the Chief Justice.
Mr. DEVINE - I know that you were personally reluctant to accept it because you
did not seek the assignment and I doubt if any of the other members did. What
was Allen Dulles' role on the Commission?
President FORD - Allen Dulles had an identical relationship and role on the
Commission with the rest of us. He was unique, however, in that he had served
for a considerable period of time as the Director of the CIA, so that as a
member of the Commission he could draw on that experience and expertise in any
matters that involved the foreign intelligence problems. It is my best judgment,
Mr. Congressman, that we were fortunate to have had a person like Allen Dulles
on the Commission because of his background.
Mr. DEVINE - Would you know, Mr. President, what his informal relations were
with the CIA, since he was the retired Director? Did he have an opportunity to
obtain more information for the Commission because of that unique position?
President FORD - To my best knowledge, he had no unusual relationship with the
Central Intelligence Agency other than the fact that he had been a former
Director. As I said a moment ago, I believe that background and experience was
beneficial to the Commission and not harmful or detrimental to our investigation
and our recommendations and conclusions.
Mr. DEVINE - To put it another way, Mr. President, you then don't feel that his
former relationship with the CIA in any way hindered the operations of the
Warren Commission?
President FORD - Not at all, sir.
Mr. DEVINE - If you know, why has the public acceptance of the findings of the
Warren Commission diminished to reasonably low proportions over the years? This
is speculation, but we would like to have the benefit of your thinking.
President FORD - Because I would like to be very precise I have a written
statement which I would like to read in this regard. Public acceptance of the
Warren Commission findings has diminished for several reasons. No. one, the
critics who have obtained the widest publicity have either deliberately or
negligently mislead the American people by misstating facts and by omitting
crucial facts in their discussions. Second, there is general public cynicism
about any report of an assassination of a President. The record shows questions
after many years are still being raised as to the assassination of other
Presidents. Third, the overwhelming majority of the American people have not
read the entire Warren Commission report. Now, under point one, let me make this
specific matter a matter of the record. The coverup of the underlying facts, in
my opinion, of the Tippit murder has been a hallmark of critics of the Warren
Commission. For instance, in the introduction to one of the best selling books
professing Oswald's innocence, one reads, and I quote: The plain fact is there
is no evidence at all to explain how or why the Dallas police instantly pounced
on Oswald and until some adequate explanation is given no one can be blamed for
entertaining the most likely hypothesis, viz, that the Dallas police had
undisclosed reasons for arresting Oswald even before they had valuable evidence
pointing towards him. Once that hypothesis is admitted almost all of the
evidence accepted by the Commission can be reinterpreted in a different way. In
my opinion, no investigation of the tragic assassination of the President can be
complete without including an investigation of the murder of Dallas police
officer J.D. Tippit. Almost all who have claimed that Lee Harvey Oswald was
innocent of the murder of President Kennedy have also claimed that Oswald was
innocent of the murder of Tippit. This is despite the fact that at least six eye
witnesses, who either saw the murder or saw the Tippit gunman leaving the murder
scene with a gun in hand, identified that gunman as Lee Harvey Oswald. Moreover,
Oswald was arrested with the Tippit murder weapon in his possession. The arrest
of Oswald was an outgrowth of the acts of an alert citizen in Dallas, J. Calvin
Brewer, who managed a shoe store in the neighborhood of the Tippit shooting.
Shortly after Brewer learned from radio newscasts about the shooting of Tippit
in his neighborhood, he became suspicious of the way a man first ducked into the
entryway of his shoestore, where police sirens were heard coming down the
street, and then left the front of the store soon after the police sirens
subsided. Brewer followed the man down the street into the Texas Theater and
then had the cashier call the police. When the police arrived at the theater,
Brewer pointed out the man who was Lee Harvey Oswald. As the policeman
approached Oswald pulled out a revolver. Carrying a concealed gun is a crime.
The fact that Oswald had such a weapon in his possession, and drew it, is highly
suspicious. Subsequent evidence provided that this very revolver had been
purchased through the mail by Oswald under the same alias he used to acquire the
rifle used in the assassination of President Kennedy. Both Oswald's revolver and
Oswald's rifle were mailed to the same post office box in Dallas. Witnesses at
the Tippit murder scene saw the gunman throw cartridge cases into the bushes as
he reloaded his revolver; an irrefutable ballistic evidence proved that those
cartridge cases came from Oswald's revolver, to the exclusion of all other
weapons in the world. This exactly corresponds with the ballistic evidence that
proved that the bullet found off Governor Connally's stretcher in Parkland
Hospital in Dallas, and the two large bullet fragments in the President's
limousine which came from the bullet which struck President Kennedy's head, came
from Oswald's rifle, to the exclusion of all other weapons in the world. Now,
the point I wish to make is that in too many cases some of the critics of the
Warren Commission have either misstated or omitted facts that were developed by
the Commission and in the process of either an omission or misstatement have led
the public to have less than full support for the commission's recommendations
and conclusions.
Mr. DEVINE - Thank you. I have one question in a completely different vein. As
you know, one of the mandates that the Congress has placed on this select
committee is to ultimately make recommendations. You as President were the
subject of a number of attacks, and fortunately escaped with your hide.
President FORD - I am pretty healthy now.
Mr. DEVINE - You certainly look so.
President FORD - I am glad she missed.
Mr. DEVINE - Not wanting to be distasteful, and God forbid that another
situation would occur like occurred during the Kennedy years, I hope we never
have another assassination or assassination attempt, but it is my understanding
that if such a thing would occur they would go through the same autopsy
procedures as they did back in 1963; whoever is President would be taken to
Bethesda Hospital, and he would be looked at probably by clinical pathologists
rather than forensic pathologists. It is my understanding also, Mr. President,
that the Metropolitan Police Department here has anticipated that type of need
for any so-called VIP and that they have put together what they call an
executive autopsy procedure where they have everything available, they have
videotapes available, they have forensic pathologists available. That leads up
to this question, Mr. President, do you in your capacity as former Presi- dent,
as a former Member of the Congress that has been deeply involved in the Warren
Commission and the assassination problems, do you have any recommendations that
you would like to make to this committee either legislatively or procedurally as
it may relate to an assassination like this occurring in the future?
President FORD - Well, No. 1, I am glad that some plans have been laid to maybe
make the procedure in the case of another tragedy in better, more professional
hands. I am talking about the autopsy. From what I read, this committee has
determined that the autopsy procedure in Bethesda was not conducted by the
experts or professionals in that area. That was of course unfortunate, and I
trust that what is now laid out would eliminate whatever the difficulties were
at the time of President Kennedy's assassination. If such an assassination were
to take place again, I am certain that there would be a public demand for some
organization to undertake and investigate the full facts. I don't think the
public would be satisfied with anyone or all of the Federal agencies themselves
investigating and coming to conclusions. So you come down at the bottom line, I
would recommend that in such a tragedy that what President Johnson did would be
repeated. I see no better alternative. I just hope it doesn't happen again, but
if it did I think that is the best option.
Mr. DEVINE - Do you feel there is any need for further legislation in this area?
As you know at the time of the occurrence of the Kennedy assassination, it was
not within the jurisdiction of the Federal Bureau of Investigation to
investigate nor have jurisdiction in matters of this nature. That has been
changed during the interim period.
President FORD - As I recall, that was a recommendation of the Commission and
Congress responded to it, so at least legislatively we probably have a better
circumstance today than we did in 1963. And other things have improved after as
you have indicated. I would like to make a comment so the record is clear. Even
though there may have been some inadequacies, at the time the autopsy was
undertaken in Bethesda, as I understand it, the individuals who investigated and
actually reviewed the material on the autopsy, a very prestigious group from
what 1 read, they have come to the conclusion which is the same as those who did
it before, Kennedy was shot from behind.
Mr. DEVINE - Fine. Thank you, Mr. President.
Chairman STOKES - The time of the gentlemen has expired. Committee will now
operate under the 5-minute rule. Mr. President, in the commission arriving at
the conclusion that Lee Harvey Oswald was the lone assassin, to what degree did
the Commission struggle with the question of motive and what was the final
conclusion relative to his motive?
President FORD - My best recollection, and I repeat it is 14 years later, is
that we were not able to precisely pin down a motive for the assassination by
Lee Harvey Oswald of President Kennedy. There was no way of really being
definitive as to that motive and so we could only speculate.
Chairman STOKES - Did it come to the attention of the Commission that the CIA
had in their possession a Soviet defector by the name of Yuri Nosenko, who
claimed to have information about Lee Harvey Oswald while he was living in
Soviet Russia.
President FORD - It is my best recollection the commission was cognizant of the
existence of Mr. Nosenko. It is also my best recollection that there was no
certainty within the intelligence community of the Federal Government as to
whether he was a plant, on the one hand, or a bona fide, on the other. There was
that difference of opinion. And so the commission had to make its own decision
as to the validity of whatever information he had.
Chairman STOKES - I would take it from that then that in terms of the Agency,
that is the CIA, they were unable to give you some definitive information
relative to his bona fides, so you might then come to a conclusion relative to
any information regarding Oswald in the Soviet Union.
President FORD - I think that is generally correct, Mr. Chairman. Yes, sir.
Chairman STOKES - NOW, yesterday we had a former agent from the FBI who
testified before our committee, and the way he explained the investigative
procedure was that the Commission conducted its own investigation, that the FBI
conducted their own investigation, and I think the term he used "they did their
own thing, we did our own thing; if they requested anything from us we gave them
whatever they asked for." Would it be your recollection that that was the way
that the Commission operated investigatively and FBI operated?
President FORD. Let me put it my way.
Chairman STOKES - Sure.
President FORD - The FBI, and I use that as an example, undertook a very
extensive investigation. I don't recall how many agents, but they had a massive
operation to investigate everything. The Commission with this group of 14
lawyers and some additional staff people then drew upon all of this information
which was available, and we, if my memory serves me accurately, insisted that
the FBI give us everything they had. Now that is a comprehensive order from the
Commission to the Director of the FBI. I assume, and I think the Commission
assumed, that that order was so broad that if they had anything it was their
obligation to submit it. Now if they didn't, that is a failure on the part of
the agencies, not on the part of the Commission.
Chairman STOKES - Mr. President, was the Commission made aware of the fact that
as a result of an investigation or inspection which was directed by J. Edgar
Hoover, that 17 agents were found to be deficient in the preassassination
investigation relative to Oswald?
President FORD - To my best recollection, at least I was not familiar with any
reprimand or corrective action taken by the Director.
Chairman STOKES - Thank you, Mr. President. My time has expired. The gentleman
from North Carolina, Mr. Preyer.
Mr. PREYER - Thank you, Mr. Chairman. It is good to have you here, Mr.
President, and Senator Cooper and Mr. McCloy, as the three members of the Warren
Commission that can testify today. I think one of the problems the Warren
Commission has had is that you went out of existence immediately upon the filing
of the report, and you haven't had the opportunity to answer your critics. There
has been no official Warren Commission. And so I think it is very appropriate
that you have this chance to answer for the historical record today. Following
up on the question Mr. Devine asked, one of the mandates of this committee is
how should we deal with the eventuality of a high-level assassination in the
future. The Warren Commission was the first citizens' commission, as I
understand it, which investigated an assassination. In the past we have left it
up to the normal course of the judicial system. You have had experience with
citizens' commissions. You appointed the Rockefeller Commission I believe. And
you served on this commission. In view of your experience, do you feel that a
high-level political assassination should be dealt with by a citizens'
committee, or should we leave it up to the normal workings of the judicial
system?
President FORD - I would strongly advocate a high-level citizens' commission as
was done by President Johnson. To leave it up to the agencies of the Federal
Government, in my opinion, would multiply cynicism and skepticism as to the
conclusions. We certainly have had our problems with all the critiques that have
been floating around in recent years but I think if the in-house agencies of the
Federal Government had done the job and come to the same conclusion we did, the
critiques would have been far, far greater. So I recommend what President
Johnson did as a possibility for the future.
Mr. PREYER - One further question on that score. The Warren Commission did not
employ its own investigative staff and used agencies in place to develop the
basic information--FBI, CIA, Secret Service. You have indicated that Warren
Commission decisionmaking was independent of any conclusions of those agencies
and that you crosschecked their information. But in the future, if a citizens'
commission is set up, would it be your judgment that they should employ its own
investigative staff as well as forming its independent conclusions with a
limited staff, or do you feel that using agencies in place and forming your
judgment on that as the Warren Commission did is the best way to go.
President FORD - It is my best judgment that the procedure and the policy the
Warren Commission followed was the correct one, and I would advocate any
subsequent commission to follow the same. For the Warren Commission to have
gathered together an experienced staff, to get them qualified to handle
classified information, to establish the organization that would be necessary
for a sizable number of investigators, would have been time consuming and in my
opinion would not have answered what we were mandated to do in a timely and
responsive manner. It is my, it is my strong feelings that what we did was the
right way. We were not captives of but we utilized the information from the
in-house agencies of the Federal Government. After getting the benefit of their
experience and reports, we undertook by a wide variety of procedures to verify
or to undercut what they had given us.
Mr. PREYER - Thank you, Mr. President.
Chairman STOKES - The time of the gentleman has expired. The gentleman from
Connecticut, Mr. McKinney.
Mr. McKINNEY - Mr. President, it is a pleasure to have you here. Basically, to
follow up on Judge Preyer's line of questioning, the then Assistant Attorney
General, Mr. Katzenbach, in a deposition to this committee, and I quote from
page 19, stated: Perhaps naively but I thought that the appointment of Allen
Dulles to the Commission would ensure that the Commission had access to anything
that the CIA had. I am astounded to this day that Mr. Dulles did not at least
make that information available to the other Commissioners. He might have been
skeptical about how far it was to go to the staff or how it might be further
investigated because there was somewhat more of an aura of secrecy surrounding
the CIA in 1964 than there is in 1978. We have found out that there were CIA
files and information, of course, that were not given to the Warren Commission.
So following through on the judge's questions, did you at the time feel
information was being withheld, and how would you handle this if another
commission were to be formed to make sure the Commission knew it was getting all
information?
President FORD - I had the feeling then, as a member of the Commission, that we
were getting all of the information from any one or all of the Federal agencies,
including the Central Intelli- gence Agency. Obviously, there was some
information as to assassination plots that, to my best recollection, was not
given to us. I can't give you a 100-percent guarantee how you can get that
information. It depends on individuals, it depends on the system. Why we weren't
given it, quite frankly, I don't understand.
Mr. McKINNEY - Continuing on in that same deposition, on page 20, Mr. Katzenbach
says: It never would have occurred to me that the FBI would cover up anything.
If you ask me the question if the FBI failed to do something it should have
done, would they have covered that up? My answer to you is, even then, would
have been yes, they probably would not cover up information that somebody else
was guilty of something of the kind, but if the Bureau had made any mistake or
anything for which the public might criticize the Bureau, the Bureau would do
its best to conceal that information from anybody, including the Commission. Of
course, we find out now that this was true in the case of the action brought
against the agents for a supposed failure before the assassination in handling
the case of Lee Harvey Oswald. Again, it seems to be a fact that the Bureau was
withholding information from the commission, despite a Presidential mandate. Is
there any way that you could suggest that we, as a committee, could--again, I
keep hoping this will never have to happen--give a legislative or governmental
standing to this type of commission, should it ever have to be formed again,
which would override this type of bureaucratic decision within agencies such as
the CIA or the FBI?
President FORD - I don't believe it is necessary to have a legislative charter
for a commission of this kind. If my recollection is correct, we did get, as a
commission, legislative authority to put witnesses under oath and to interrogate
them under those circumstances. As I recall, we had to get special legislation
for that purpose, which we did. I think that's enough, or I think that's
sufficient to insure that we have the power to pursue any and all angles.
Mr. McKINNEY - I want to thank you very much for taking time out of your
schedule, and it is a pleasure to have you here. Thank you, Mr. Chairman.
Chairman STOKES - The time of the gentleman has expired. The gentleman from
Connecticut, Mr. Dodd.
Mr. DODD - Thank you very much, Mr. Chairman. Mr. President, to reiterate the
remarks of my colleagues, it is a pleasure to have you here with us on Capitol
Hill, particularly in the Cannon Building. You were telling us earlier it was
your place of residence as a Member of Congress for some years.
President FORD - I had an office down on the third floor down the hall for 16
years.
Mr. DODD - Welcome back. I would like to, if I could, Mr. President, direct your
attention to the two memos I think you have in front of you, exhibits 441 and
442. Those are the DeLoach memos. And I would like to, if I could, ask you to
respond to some questions with regard to the December 12, 1963, memo first,
particularly two paragraphs, the very first paragraph of the memorandum and the
next to the last paragraph of the memorandum. The first paragraph, for purposes
of the record, reads, and I am quoting from it: I had a long talk this morning
with Congressman Gerald R. "Jerry" Ford R. Michigan in his office. He asked that
I come up to see him. Upon arriving, he told me he wanted to talk in the
strictest of confidence. This was agreed to. Referring to the next to the last
paragraph of the same memo, again I am quoting Mr. DeLoach here: Ford indicated
he would keep me thoroughly advised as to the activities of the Commission. He
stated this would have to be on a confidential basis, however, he thought it
should be done. He also asked if he could call me from time to time and
straighten out questions in his mind concerning our investigation. I told him by
all means he should do this. He reiterated that our relationship would, of
course, remain confidential. Mr. President, I would like to ask you some
questions about this, if I could. First of all, the December 5 and December 16
meetings of the commission, is it my understanding those meetings were closed to
the public and press; these were executive sessions?
President FORD - I don't recall those precise meetings, Mr. Congressman, but it
is my best recollection that all meetings of the Commission were in executive
session; not only those, but all that followed.
Mr. DODD - And as I understand it, Mr. DeLoach would not necessarily have had
access directly to the meetings. There was liaison with the FBI, but he was not
the liaison.
President FORD - He was not the liaison person, but there was an FBI liaison
officer there, as I recall, at all hearings.
Mr. DODD - If I understood your testimony accurately this morning, you stated
that you felt that the information that was contained in these two memorandums,
two documents, was basically accurate, and yet you said that you had terminated
your relationship with Mr. DeLoach in terms of these kinds of meetings after
this December 17 meeting you had with him. Can I, therefore, conclude that Mr.
DeLoach's statements with regard to the next to the last paragraph on the second
page of the December 12 memorandum is wrong?
President FORD - As 1 said in a prepared statement which I read in reference to
both memorandums, it is my best recollection that we no longer had contacts, as
indicated in these two memos, and to my best information, there are no other
memorandums that would indicate a continuing relationship. There are these two,
all of which meetings took place in the organizational phase of the commission's
operations. To my best knowledge, and I asked the staff of the committee to
check most carefully, there are no other memorandums indicating contacts with
Mr. DeLoach.
Mr. DODD - Mr. President, in that second sentence of that next to the last
paragraph, quoting it again, he stated, referring to you, I believe, "This would
have to be on a confidential basis. However, he thought it should be done.' Do
you recall what your motivation was, if that is a correct statement, that the
time you thought it should have been done and then having changed the
relationship, at that particular time, why you felt that it might be important
to have this kind of a confidential relationship with Mr. DeLoach?
President FORD - First, as I said in the prepared response earlier, I, like most
Americans, at that time had great respect for the Director, Mr. J. Edgar Hoover,
and for the achievements and the accomplishments of the Federal Bureau of
Investigation. I had developed a personal relationship, on a very off-and-on
basis, with Mr. DeLoach. If I had a question as a Member of Congress that
involved the FBI, such as you would have today, there is somebody over at the
FBI you can call, and he will come and see you. That's the kind of relationship
I had with Mr. DeLoach. If I had a problem that involved the FBI, my contact at
that time was Mr. DeLoach. I don't know who your contact would be at the present
time, but there is a person at the FBI who will respond to your inquiries, and
that was my relationship with Mr. DeLoach. At the outset, during the
organizational phase of the commission, we had some problems. We were concerned
about what appeared to be the attitude of the chairman. Second, several others
on the commission thought he wanted a one-man commission. Most of the members of
the commission didn't agree with that. There were other organizational matters
that I thought I could get a better feel for if I talked to Mr. DeLoach and had
the benefit of his or the FBI investigations. That's why I had those two
meetings, and, to my best recollection, that relationship terminated at the
conclusion of the December 17 meeting.
Mr. DODD - Mr. President, you anticipated my next question. I wanted to know, if
I could, from you, why you felt it was important that you share this information
specifically with the FBI, particularly when it seems to have been, at least, on
a couple of internal matters--who should be chief counsel, for instance, whether
or not there should be a press release issued on the FBI report. Granted, it was
on the FBI report, but that again, sounds more like an internal matter to the
commission--what they should be doing, when the Chief justice wanted to finalize
the report. I am curious about why the FBI, why not someone else?
President FORD - Well, in the course of a conversation, maybe 15 minutes, you
cover a lot of subjects. Some of it may be related to or pertinent to the
organizational--organization of the commission, some of it may have been just
general information. I can't help but indicate here that in one of these memos,
it does state that John McCone, then head of the CIA, came to see me, and it is
also indicated in here that Mr. McCone went to see other members of the
commission. Was that improper? Mr. McCone was the head of an organization which
was in the process of being investigated by the Commission. I don't think you
turn a person away, a person of that responsibility, and I didn't, and I think
it was perfectly proper. I don't know what other members of the commission did,
but you have to remember, we were a unique group that was trying to get all the
information we could. It was our obligation. It was mandated by President
Johnson. In the organizational phase, we had a lot of questions, and, frankly, I
think it was very proper to do what I did.
Chairman STOKES - The time of the gentleman has expired.
Mr. DODD - Could I ask unanimous consent to proceed for a couple of additional
minutes, Mr. Chairman?
Chairman STOKES - Without objection, the gentleman is recognize
Mr. DODD - Thank you, Mr. Chairman. You mentioned in the memo, as well that you
thought these meetings ought to be confi- dential. Was it your understanding,
given the personal relationship of Mr. DeLoach, that there would only be
information you should share with him as an individual, or did you fully expect
him to report to supervisors or superiors of his within the Bureau as to any
common suggestions and statements that you might have made to him in those
meetings?
President FORD - I didn't pursue what the process would be after he left my
office. Frankly, it didn't occur to me I should check it out. I only know what
our two relationships were on those two occasions, December 12 and December 17,
1963.
Mr. DODD - Did you, Mr. President, by any chance, you mentioned that Mr. McCone
sought out various other commission members. In fact, he sought out you to talk
to you about something. Did you seek out anyone else in any other agency to talk
to at that time, other than Mr. DeLoach?
President FORD - Not to my best recollection.
Mr. DODD - I gather from what you had mentioned just a minute ago that there
were other personnel from various investigatory agencies that did contact other
members of the commission from time to time. Is that an accurate statement of
your testimony?
President FORD - I can't verify it one way or another. I have no way of knowing
who might have contacted other members of the commission, and certainly my
memory at this point would not be sufficiently accurate to make such a charge.
Mr. DODD - Am I to understand that because of the confidentiality or the nature
of these two meetings with Mr. DeLoach, that the other members of the Warren
Commission, at the time, were not aware of the fact you had met with Mr.
DeLoach?
President FORD - To my best recollection, I didn't indicate to him that I had
those meetings; no.
Mr. DODD - Did Mr. DeLoach--granted this is going back a long time--but do you
recall whether or not he shared any information with you as to their feelings
that you brought back to the commission? Was it comments, statements,
suggestions, or anything that he might have said to you that you then brought to
the commission as a member of that commission?
President FORD - I don't recall that any advice or suggestions he made were
conveyed by me back to the commission; no. At least that's my best recollection.
Mr. DODD - Mr. Chairman, I thank you. I have no further ques- tions. Again, Mr.
President, I appreciate your being here today.
President FORD - Thank you.
Chairman STOKES - The time of the gentleman has expired. The gentleman from
Tennessee, Mr. Ford. Mr. FORD. Thank you, Mr. Chairman. Mr. President, I would
like to first join with my colleague in thanking you for appearing here this
morning. I only have one question for you, Mr. President. Do you feel that the
Warren Commission received full and honest information from the FBI and the CIA
in regards to Oswald's alleged connection with foreign governments?
President FORD - To the best of my recollection, I think we got from any and all
of the Federal agencies all of the information they had as to Oswald's
connection with any foreign government. Mr. FORD. One additional question. What
about the Secret Service, did the Warren Commission ever have dialog or
communication with the Secret Service?
President FORD - Oh, yes, we had testimony, as I recollect, from the Director,
who was Mr. Rowley at the time. We interrogated, as a commission staff, made a
thorough investigation of the advanced procedures of the Secret Service, the
actual operations of the Secret Service while President Kennedy was in Dallas.
The commission and the staff, in my opinion, made a very thorough investigation
of all the responsibilities and activities of the Secret Service; yes, sir. Mr.
FORD. Thank you very much, Mr. PreSident, and, again, I thank you for coming.
Mr. Chairman, I yield back my time.
Chairman STOKES - The time of the gentleman has expired. The gentleman from
Michigan, Mr. Sawyer.
Mr. SAWYER - Mr. President, I join with the others in saying what a pleasure it
is to have you here. You have been really my only claim to distinction as a
freshman Congressman here. You would be amazed how many times when I am
introduced, to somebody, they say, this is the fellow who occupies Gerald Ford s
seat and the seat you held with such distinction for 25 years.
President FORD - Thank you.
Mr. SAWYER - Going back to this Tippit situation, one thing that has bothered me
consistently, and I have to confess up until now I haven't had any substantial
enlightenment on it, I just wonder if you have formed an opinion, not with
respect to whether Oswald shot Tippit, I am totally satisfied on that and I
think the evidence is overwhelming on that, but why Tippit stopped Oswald is a
perplexing question in that at that point in time, as you may recall. Oswald had
gone to an entirely different area of the city, far removed, he was only walking
up the street. The description that had been issued was a general description
that would be just kind of an average guy in size and general appearance. Did
you form any opinion on that?
President FORD - Unfortunately, because of his murder, we never got any
testimony from Officer Tippit, but I assume that he was a good officer and he
had been alerted that there had been an assassination. I suspect that any
well-qualified, alert officer was anxious to pursue anything that was
suspicious. I think we ought to compliment and congratulate Tippit for
undertaking this effort that he did. Unfortunately, it resulted in his death.
But why he did, other than carrying out his responsibilities, I wouldn't know.
Mr. SAWYER - DO you think that there would be any advantage in a criminal law
applying to such a commission, let's say, as the Warren Commission, making it a
Federal crime for any Agency personnel to withhold or not provide all pertinent
information that they are requested to provide?
President FORD - I haven't studied this but are there not present laws on the
statute books that would permit such a charge?
Mr. SAWYER - I Can't answer you.
President FORD - If not, I think that ought to be investigated.
Mr. SAWYER - Fine. Thank you very much, Mr. President. That is all I have, Mr.
Chairman.
Chairman STOKES - Time of the gentleman has expired. The gentleman from Indiana,
Mr. Fithian. Mr. FITHIAN. Thank you, Mr. Chairman, and I want to join with the
others in expressing my appreciation for your coming this morning. I have just
two areas I would like to explore briefly with you. I would like to return for
just a minute to your earlier statement concerning bullet fragments found in the
Presidential limousine. In reviewing the Warren Commission, I find that the FBI
tests of the fragments, both through spectography and neutron activation
analysis, could not in fact determine the origin of the fragments. I just want
to read briefly from the Commission report: Each of the two bullet fragments had
sufficient unmutilated area to provide the basis for an identification. However,
it was not possible to determine
whether the two bullet fragments were from the same bullet or from two different
bullets. With regard to the other bullet fragments discovered in the limousine
and in the course of treating President Kennedy and Governor Connally, however,
expert examination could demonstrate only that the fragments were "similar in
metallic composition" to each other, to the two larger fragments and to the
nearly whole bullet. Is it your recollection that other evidence or other tests
were run on the bullet fragment other than what I have had access to?
President FORD - I am not able to recollect that detail as to what other tests,
if any, were conducted at that time.
Mr. FITHIAN - Thank you. I would like to ask you about something that has been
troubling me throughout our investigation and some reports that there was
unusual pressure to either arrive at an early conclusion that it was Oswald
alone, or to arrive at unanimity that Oswald was the lone assassin, et cetera.
There was a report in 1975 pertaining to a June 4 meeting of the commission, and
the report in the Washington Star indicated that Ford provoked "a near uproar in
the panel when on June 4, 1964 he charged that outside forces were trying to
pressure the commission to decide in advance that Oswald was a solitary
assassin." I wonder if you would help the committee out by commenting on that
report?
President FORD - I have no recollection of that particular June 4 meeting or any
pressure that the commission received for any definitive conclusion. As other
members of the commission, I think, will testify, we had a unanimous vote as to
the fact that Lee Harvey Oswald committed the assassination and all other
decisions of the commission were also unanimous. There was no pressure. We
operated as a unit of seven members who fortunately all agreed.
Mr. FITHIAN - I want to return briefly to the unanimous question in just a
moment. But is it then your testimony that in your judgment the FBI had not
decided prematurely, that there was no evidence that you had that the FBI
withheld information from the commission or gave information to the commission
that would make the Bureau look better instead of "everything that you asked
for"?
President FORD - I suspect that the FBI, after its investigation, came to the
conclusion that Oswald was the assassin. I suspect there is evidence, reports,
around the Bureau, or maybe over in our files, that that was their conclusion,
but I emphasize their conclusion did not determine the conclusion of the
commission. What they came to as a conclusion was helpful to the commission, but
it didn't decide for the commission what our conclusion was.
Chairman STOKES - Time of the gentleman has expired.
Mr. FITHIAN - I ask unanimous consent to ask one additional question.
Chairman STOKES - Without objection, the gentleman is recognized.
Mr. FITHIAN - Mr. President, it has been reported many places that there was
some difficulty in arriving at unanimity of the conclusiveness of the evidence
for the final report and that in order to get the unanimity, which is the
historical record now, certain very carefully drafted language, such as no
evidence to the contrary, or according to the evidence presented to us, and then
the conclusion. Would you care to comment on the effort at drafting the report
in such a way, did you have any problem arriving at the unanimity short of
drafting some very careful, artful language?
President FORD - There was a recommendation, as I recall, from the staff that
could be summarized this way. No. 1, Lee Harvey Oswald was the assassin. Two,
there was no conspiracy, foreign or domestic. The commission, after looking at
this suggested language from the staff, decided unanimously that the wording
should be much like this, and I am not quoting precisely from the Commission
staff, but I am quoting the substance. No. 1, that Lee Harvey Oswald was the
assassin. No. 2, the Commission has found no evidence of a conspiracy, foreign
or domestic. The second point is quite different from the language which was
recommended by the staff. I think the Commission was right to make that revision
and I stand by it today.
Mr. FITHIAN - Well, thank you, Mr. President. Thank you, Mr. Chairman.
Chairman STOKES - Time of the gentleman has expired. The gentleman from
Nebraska, Mr. Thone
Mr. THONE. Welcome back, Mr. President. The hour is late. Just one question.
There was no question but that the Federal Bureau of Investigation has a lot of
background material on Lee Harvey Oswald that should have alerted them, I am
sure did alert them, to the fact that he could very well have been a security
problem. They also knew, as I understand it, as least one agent knew, that he
was working in the Texas Book Depository. It is my understanding that that
information was not then transmitted to the Secret Service. Do you have any
thoughts or suggestions regarding this obvious breakdown in communication?
President FORD - At one time I knew that whole story, but I must say I can't
recall all of the details. I think the conclusion of the Commission was that
there had to be a better liaison between the FBI and the Secret Service and/or
any other agencies involved in intelligence, et cetera, and I trust and hope
that that interrelationship has been improved. It wasn't the best at that time,
as my memory serves me.
Mr. THONE - Thank you, Mr. Chairman. I yield back the balance of my time.
Chairman STOKES - Time of the gentleman has expired. The gentleman from
Pennsylvania, Mr. Edgar.
Mr. EDGAR. Thank you, Mr. Chairman. I, too, want to welcome you to the committee
today and thank you for your answers to our questions. Mr. President, was there
a sitdown meeting of the Warren Commission with the FBI, the CIA, and the Secret
Service at the very beginning of the Warren Commission's investigation to
outline an investigative plan for the commission?
President FORD - I do not recall any meeting of the lull commission with the
Director of the FBI, the Director of CIA, and the Director of the Secret
Service. I am not sure such a meeting was necessary or essential. Our first
responsibility was to appoint a staff, which we did, and to layout a procedure
by which we would investigate, et cetera. Mr. Rankin and the Chief Justice, if
my memory is accurate, had the basic man to man relationship with the head of
the FBI, the Secret Service and the CIA, and it is my feeling that that
interrelationship was sufficient from the point of view of myself as a member of
the commission.
Mr. EDGAR - Did the commission itself have an investigative plan?
President FORD - Well, we have a plan that was under the direction of the
commission and implemented by the staff, and that was a very specific
investigation method, procedure, and I think it worked.
Mr. EDGAR - The reason for my question is that we have uncovered some
information that the Secret Service and the FBI and the CIA didn't talk together
very well and did not share information with each other prior to the
assassination, and that there is some evidence that even after the assassination
each of them worked separately and apart from each other. Wouldn't it have been
a proper role of the Warren Commission to act as a coordinating function between
these agencies to get them to share information about Lee Harvey Oswald or about
the investigation?
President FORD - If you will return or look at, Congressman Edgar, the report of
the commission, page 24, under subparagraph small (c), the report says, and I
will read it for you: The Commission has concluded that there was insufficient
liaison and coordination of information between the Secret Service and other
Federal agencies necessarily concerned with Presidential protection. It goes on,
but that is a summary of the rest of the paragraph. Yes, I think we found there
was insufficient liaison, coordination, before the assassination. I don't think
it was necessarily required that they have liaison afterwards in the course of
the investigation. To do their respective responsibilities effectively,
cooperation was essential before the assassination.
Mr. EDGAR - Thank you. Moving to another area. In reference to the disciplinary
action of the 17 agents of the FBI, to the best of your recollection, when did
you first come to know about the disciplinary action?
President FORD - To be honest with you, I did not know of that disciplinary
action at any time while I was a member of the commission.
Mr. EDGAR - Do you think that knowledge of that information would have been
helpful to the commission in light of the fact that Edgar Hoover indicated that
part of the reason for the disciplinary action was that the agents should have
been aware of Lee Harvey Oswald's background and placed him on the security
index?
President FORD - It might have been helpful to the commission but I don't think
it would have altered in any way the final recommendations or conclusions. [
think we might have been helped by that information, but I don't think it would
have varied other commission conclusions.
Chairman STOKES - Time of the gentleman has expired.
Mr. EDGAR - Mr. Chairman, I would like to ask unanimous consent for 2 additional
minutes.
Chairman STOKES - Without objection, the gentleman is recognized.
Mr. EDGAR - Mr. President, you mentioned the importance of Officer Tippit. I
wonder if you could speculate for us where Lee Harvey Oswald was going at the
time of the shooting of Officer Tippit?
President FORD - I have no immediate recollection of where he was going at that
time. I would have to refresh my memory before I could give you any firm answer.
Mr. EDGAR - Did you have an opportunity as part of the commission to retrace Lee
Harvey Oswald's steps from his rooming house to the shooting of Mr. Tippit and
then to the---
President FORD - Yes; I went to Dallas with the Chief Justice and we spent a
full day not only interrogating Jack Ruby but going over precisely Oswald's
movements as we understood them, during that whole period. We went, again I
can't recall the number, by the house where the woman was on the porch, et
cetera.
Mr. EDGAR - In that journey, did you also travel to Jack Ruby's apartment?
President FORD - I don't recall that.
Mr. EDGAR - Let me just ask one final question, then. Mr. President, what would
you do to improve the protection of the President of the United States?
President FORD - Well, having experienced 30 months of their protection and
their continuing protection at the present time, I think they do a very
professional job. They are an outstanding group of people. They are well
organized and have fine leadership. I only know firsthand that in two instances
they did a very, very superb job in responding to an assassination attempt. In
the case of Fromm in Sacramento, an agent, Larry Boondorf, really moved in
effectively and quickly. In San Francisco, again, what was done I thought was
very professional. I am very grateful as to how they handled themselves, what
they have done, and the way they are organized. I know of no way you can improve
it from my personal experience.
Mr. EDGAR - Thank you, Mr. President. No further questions.
Chairman STOKES - Time of the gentleman has expired. The gentleman from
Connecticut, Mr. Dodd, is seeking additional recognition.
Mr. DODD - Just one question, if I may, and this will be the last one. I know
you are running behind. Today you stated that there were a number of alleged
incidents or facts that were relevant to one degree or another to the
assassination which you and the other members of the commission, or many of
them, were not aware of at the time you served on the commission. You refer
specifically to the existence of the Hosty letter and its contents, or its
alleged contents; the allegations that Lee Harvey Oswald might have been an FBI
informer; J. Edgar Hoover's so called second Oswald theory in 1959 when he was
overseas; assassination plots against Fidel Castro; and just recently here, in
questioning from Congressman Edgar, the disciplinary action that was taken
against the agents in the FBI; things that you were not privy to at the time you
were serving on the commission. I raise those points to ask you this question.
Without--and I understand your answer with regard to the conclusions in light of
these additional revelations--but putting that aspect of it aside, the
conclusions, in terms of an investigation, would you agree that the
investigation of the Warren Commission, I mean that, for example, the witnesses
interrogated, in light of these four or five facts or allegations that I have
just mentioned, in light of that, do you feel that the investigation of the
Warren Commission would have called upon additional witnesses, that the
investigatory process would have changed as a result of those additional facts
and information?
President FORD - To a degree, but I do not believe that there would have been
any significant change in the process or the methods. Obviously we wanted to
have all information, including the information that you have related.
Unfortunately, for various reasons, it was not made available to the commission.
But I refer again to what I said earlier. I do not think our lack of information
in those instances had any adverse impact on our conclusions or would have
changed the conclusions.
Mr. DODD - Thank you, Mr. President. Thank you, Mr. Chairman.
Chairman STOKES - Time of the gentleman has expired. The gentleman from Ohio,
Mr. Devine, is seeking additional recognition.
Mr. DEVINE - Thank you, Mr. President, again for your total cooperation and
appearance here. I ask unanimous consent that JFK exhibits F-441 and F-442 be
admitted in evidence at this point in the record.
Chairman STOKES - Without objection, they may be admitted to the record at this
point. [The above referred to JFK exhibits F-441 and F-442 were admitted into
evidence and follow:]
JFK EXHIBIT
F-441
JFK EXHIBIT
F-442
Chairman STOKES - Mr. President, at the conclusion of a witness' testimony
before this committee, he is entitled under our rules to 5 minutes. He may take
that 5 minutes for the purpose of commenting upon his testimony or explaining it
or expanding upon it in any way, and I would extend to your at this time 5
minutes for that purpose.
President FORD - Well, thank you, Mr. Chairman. I will not take that time. I do
wish to express my appreciation to you, the committee members, and the staff for
their consideration. It has been a pleasure to be here. I will give my time to
my former associates on the commission, John Sherman Cooper and John McCloy, who
I am sure will be very helpful in expanding or improving on my observations here
this morning. I thank you very, very much.
Chairman STOKES - Thank you, Mr. President, for not only the time you have
expended with our staff and Mr. Cornwell prior to your appearance here today,
but taking time out of what we know is a very busy schedule to appear here and
to offer the testimony we have received this morning. As one of your former
colleagues herein the House, it has been an honor to have had you here.
President FORD - Give my best to everybody.
Chairman STOKES - Thank you, we certainly will. All persons are requested to
remain in their seats for security reasons until President Ford has left the
room.
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