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Warren Commission Hearings: Vol. V - Page 313« Previous | Next »

(Testimony of Abram Chayes)

Mr. Coleman.
I don't think any lawyer reviewed the file in 1961.
Mr. Chayes.
Well, an adjudicator did.
Mr. Coleman.
It was Miss Waterman. She is not a lawyer.
Mr. Chayes.
I see.
Mr. Dulles.
She is coming before us?
Mr. Coleman.
Yes.
Mr. Chayes.
She is a passport adjudicator.
Mr. Coleman.
Now, were have marked as Commission Exhibit No. 929 an Operations Memorandum from the Department of State to the Embassy in Moscow, dated March 28, 1960, which stated that:
"An appropriate notice had been placed in the Lookout Card Section of the Passport Office in the event that Mr. Oswald should apply for documentation at a point outside the Soviet Union."
I would like to show you this Commission exhibit and ask you are you familiar with that memorandum?
Mr. Chayes.
I have seen this, but only since the assassination in my general review of the files.
Mr. Coleman.
Now, has your office made a check to determine whether a lookout card was prepared?
Mr. Chayes.
Yes; Mr. Coleman. In connection with the preparation of this memorandum, and the responses to the supplemental questions for the Commission, we did examine the question of whether a lookout card was prepared. I should say again that the matter of preparation of lookout cards is not under my jurisdiction, and my knowledge of this is only from a subsequent investigation.
Mr. Coleman.
Your examination revealed that a lookout card actually was never prepared, is that correct?
Mr. Chayes.
I think we have to say that our examination does not reveal that a lookout card was prepared, and that on balance examining all the relevant considerations, it appears more likely than not that no lookout card was prepared.
Representative Ford.
But there was none in the file.
Mr. Chayes.
There was none in the file, but there wouldn't have been anyway, because this lookout card was ordered prepared because there was a doubt as to whether Oswald had expatriated himself. Once that doubt had been removed by an adjudication as it was in July of 1961, the lookout card based on the possibility of expatriation would have been removed.
It might be worth a moment if I could give you some general picture of the lookout card system. Miss Knight will be able to testify in much greater detail than I as to the actual operating----
Mr. Dulles.
So that when 1963 came around and there was a further application for a passport, there was no lookout card then found in 1963?
Mr. Chayes.
Nor should there have been.
Mr. Dulles.
That is the issue under your procedure.
Mr. Coleman.
Lot me refer back to 1961 when you determined or the Department determined to renew the passport. Now, as I understand it, there was a search made of the Lookout Card Section, and the records that we have reveal that no lookout card was found.
Mr. Dulles.
Even in 1961?
Mr. Coleman.
In 1961.
Mr. Chayes.
I don't think that that can be said that categorically. I think it appears probable that there was no lookout card in 1961 at that time, yes; that is correct.
Mr. Dulles.
But in 1961 all of these facts with regard to Oswald were before you, were they not?
Mr. Chayes.
If I could just give some notion of what this system is like.
Mr. Dulles.
Yes.
Mr. Chayes.
The lookout card is an IBM card, an ordinary IBM card, and it should be prepared on anyone as to whom some evidence of disqualification for a passport exists in our files. If the system worked perfectly, anytime there was an unresolved question about the eligibility of a person for a passport----
Representative Ford.
Does a defector or an attempted defector fall in that category?
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