MEMO: BERNARD FENSTERWALD, JR. COMMENTS IN 22 OCTOBER 1976 ISSUE OF WASHINGTON STAR

• Document Type: SPECIALCOLLECTION
• Collection: Records Related to the Assassination of Senator Robert F. Kennedy
• Collection: Records Related to the Assassination of Reverend Dr. Martin Luther King, Jr.
• Document Number (FOIA) /ESDN (CREST): 00302683
• Release Decision: RIFPUB
• Original Classification: U
• Document Page Count: 4
• Document Creation Date: June 6, 2025
• Document Release Date: June 12, 2025
• Publication Date: October 28, 1976

I 104-10142-10260 - INSPECTOR M,M1A, HSCA 7 72:.e7i) MEMORANDUM FOR: Director of Central Intelligence FROM John'H. Waller Inspector General SUBJECT Bernard Fensterwald Jr. Comments in 22 October 1976 Issue of Washington Star � 1. The following is a response to your query to Mr. Seymour Bolten concerning comments made by Bernard Fensterwald, Jr. 2. The comments made by subject in the marked section of the at- tached newspaper clipping are partially factual and partially sheer speculation. It is true that the Agency has been particularly sensitive about the entire matter because the photographs in questicm originated from a highly sensitive intelligence operation which was conducted in October 1963 by the Agency and Mexican security authorities against the Soviet and Cuban Embassies in Mexico City. However, the material was not withheld from the Warren Commission: It should be noted that Oswald was in no sense "under investigation" and that at no time during his stay in Mexico City did the CIA acquire a photograph of Oswald. 3. The Agency has 12 different photographs of an individual, pos- sibly an American as yet unidentified, who was observed entering the Soviet Embassy and later the Cuban Embassy. A cropped photograph was ; introduced into the Warren Commission public record. The Warren Corn- mission and its Staff were made fully aware in the course of their inquiry at Headquarters and in Mexico City of the origins of the photo- graph, and the fact that we had additional photographs of the same individual taken at different times in Mexico City. At one point our Chief of Station in Mexico City suggested that. the man in the photograph was Oswald. However, this proved not to be the case. It should be noted that Mr. Fensterwald in 1971-1972 was actually shown two of the 12 photographs during a visit to the Agency; other than the one already published in the Warren Commission report. It is a matter of more than ,C1A HISTORICAL REVJEW PROGRAM RELEASE I FULL 199 E2, IMPDET CL BY 004645 L;igri ordinary interest to note that in April 1971 Mr. Fensterwald told Mr. Lawrence Houston, the General Counsel at that time and another repre- sentative of the Agency in attendance at the meeting that he knew the identity of the unidentified man in the photograph and that we will be furnished his name in due course. 4. All coverage by CIA of Oswald's stay in Mexico City was tech- nical. The Station had no live source coverage either unilateral or from Mexican liaison. Subsequently, Mexican police interrogated Sylvia DURAN, a Mexican employee of the Cuban Embassy. Her testimony gave us full details on Oswald's trip to Mexcio City, and was made available - to the Warren Commission. The lack of coverage on Oswald entering the Cuban or Soviet Embassies resulted from mechanical malfunction. The Agency provided the Federal Bureau of Investigation in the field in Mexico City and in Washington all of the information it had acquired. .cohh H. Waller Attachment: a/s Distribution: Original - Addressee w/att. 1 - DDCI w/att. 2 - ER w/o att 1 - OGC (Mr. Bolten) Watt. 1 - IG Subject w/att. 1 - IG Chrono w/o att. 1 J.L. Leader Chrono w/o att. OIG/J.L.Leader:aal 2 � ) 22 OCTOBER 1976 Zsecutive Registry � � faVta_coir-"iacahl-miar.a � - 41.. � � and A,. . � � ' ,:'� - .. **����:. s" e � %.1 . � . � � -���������......������: 3 � Bernard Fensterwcild Jr:; aWashing.::. tort t lawyer who 'represented -James - VcCard daring Watergate and ...Carney': or Ray, con-ricted of killing Dr. Marti* Luther Kin a Ir.; head; th,e Canuni-itee to Inyestidate Assassination-5...m' a g roup citi=errs th titles. investigated.; slayeng-s -of.Prrsident Jahn andaathers: He was...interviewed: StarStff Writer � ; tch .... � � Inyestigate nssassinations- has' long LYeent sus-f. pected by some op 1e of bei7g some f:ow connected with thee...Et-I and Yon yourself being labeled Prisstbly a a.A�:: agent or CIA :plant.-Are- yo`ti in fact-al,; CIA agent of any sor.t?1 � --- � � � , Feaaterwald: No,14"Maaa laviyerh Neither_ I'nor-rnY -partners- have.ever been affiliated i with the. CIA-oraWorked- fort the"..CrA:either.: with :or"- without ' pay=in--Anaa way; 7, shipe'mor fOrr:a I have-noidea.where the rttreor .*tiva any- DflC: that. knows-anything-aiqout naya history-. that has ever:amide. ?match an accusation.. On 'the cdinverseaside,;; going back to- the-early.::',503 4 ea-I: workefor. the Senate- as cc-ns�ora.-: One of tbeir:commitees;trdjjaIr � invistigationa on the: CIA:and :sin ..._therfI have representeiVa number-�, client incases again.St the CIA to thea extent, that if there'sany evidence at all;:it alIpoiats in theather direction. � af - Q:' Ts it .0ossible CIII-017 the-. FM' has evidence locked away some.; wheaa. that could shed new light on I the investigations into theJKasss- sinaticir or peziiap. Ma rtia. Lntluir King's ass asahia � � � ; A'���� Ai: It's always'. possible, and them. � as -considerable' evidence which- is under lock and key in the Nation Archives today which will rezj.ain classified until the year 2039 un1ess it declassified by the variau�govern- hr,ment'agencies, priinarily the FBI and the CIA. In addit;idn to that,. there are literally thoL,sa1ds of documents m'-.ihat the CIA di not give to the War-. ren Cammission and did not go to the ;,Nadonal Ascchives whiclahave never: 'theen made public. A narnber of free. �-..'doin of/information suits have result ;!ed if/declassification of a part of this arn,a e.rial, yet we know from the index:. ey give us that they have a rnmcs of. material which has. never been. made. Ipubhc..' t t ^ - � � : :Ir. t-� � artfzimm� �rial that might., - � � "prove distasilefut or-hurtful ta: the- Xennedy�farnily,:the...I.FIC autopsy' photographs for. example, - Is there: other evidence or do you feel there's -ether:inaterial: under leelc-.and.key that-could- shed signif leant light on ttheasaassivations? - a � . � . � -.�� .. � aaaa- �.� aa .414 � � � :"-ai certairily from reviewing the index of.tfie withheld material. which they have been forced to sup- ply to various district courts, you get the irnpression that nracifyeay vital . information is being with"elatcp Again; -I say, without-knowing What that information is; it's hard to say where going_to point -: - . haz . . a aa a -7, ���� -�� . �� � � � -;��� -Q:.: Can you hazarr/ a guess as to what � they' raighthave?. - - - � - � ��2. Ai No:I cari't I-cart only tell you so far as the CIA is concerned a large i� of-the withheld testimony in- volveSham trip Lee Harvey Oswald ;Made- tor Mexico just iramediately prior to,tha assassination. No one in the public knows what this-trip was- -all about But we do know that the CIA has been particularly sensitive with respect TO that. We do know that there were CIA cameras taking pi c- itaires of people going in and out of the 'Cuban and Soviet embassie-samd- they took a number of pictures of a man they. labeled Lee Harvey Oswald., From looking at him, he is obviously not Lee Harvey Oswald, but the CIA will not identify him. a � - --; ;'�-*---��;- � � RA- ay...e.lja. Committee to Investigate a.,sinatinns has urged through the h, years. that all of the information with 01) i^"" respect to the John Kennedy assassi- nation be made public. The official solittion is that Lee Harvey Oswald 1 ^ was a lone nut killer and that there :Were' no other people involved and. � there were no international ramifica- � tion. And therefore, taking :that story as gospel makes it difficult fer. a lawyer to-see-why' they Shollici cover anything. However;- there is � .this intense desire, on the part of gov- 1 (-/ -ernment to keep it secret,- and I think' � irvalty lawsuit-where you have this sort of mania -for locking the evi- dence up you create the-suspicion that there'sariOre there- And I don't ,thinl anyhod.y at this time-outside the - �goVenunent knows what happened-to John--Kennedy. I think the congres- sional committees in. time' will find out, ' -Fha 13-jeir5 Since- thf.,.. -Kennedy isiassinatiori:-Wby.ieepea . ma'a m aar � --- --M it's no( really'a7qiiestion-of.ie- opening his grave. I know the subject is frequently talked about in term - similar to that. I think that the integ- rity of 6ur whole political process is probably-, at -stake. because whether the Warren Commission was right or . Wrong, think that the Ain .thica.ri and the polls bear this- out have a great doubt as to whether .investigated; -they' havema doubt as to Whether Os- . waldavas a lone nut killer. And. until , their doubts can be satisfied, think ' the integrity-ofthe system and the credibility of the government is :very much weaken � .-._!;;-_-aV , - � - . Why ta-kia yearsz for Congr....5s to become officially- in volp--- :-�- � American public to just simply Q: � 1-1/huhl it not better serve the i in- lease this information and get to the-, bottom of the matter once arid for � all? - � - , - . � � -� At-Wel!, it's-ahaumber Of reasiin-S-. One, I think the membership of. the � Warren Commission itself contained . .so many outstanding people that it ZS difficult to believe that for-whatever � -reason they would norseriously try to rive the public a full answer. There's _ -a great reluctance to disbelieve pea- . pre like Justice Warren and Sen. Rus- sell. Secondly, I think until Water- gate people tended to disbelieve that their government could be involve:--) in anything of this nature_ But 6/en 1 more recenzly the revelations, the ac- 1 counts of the CIA to Id/I Fidel Castro k have gotten rid of the last reluctance thereis_;., jr: �.!1 .. T.: Qa Is it Conceivable- that thef War�- �� n:n Commission� in the inten!stz:- of a lawyer I tend to believe the best conclusi0;-4yey could (rem the evidence at bee ... We �Imow -of sia much key evidence that was either withheld or destroyed that you get a general feeling that they had only a relatively small part of the really important material. For � example, Lee Harvey Oswald wrote a � threatening note to an FBI agent shortly before the assassination. In a matter of an hour or two before Jack Ruby shot Oswald, the FBI agent flushed it down the _toilet. Now this .was never reported to the Warren I Commission. Thera are certain peo� pie who can link Oswald and Ruby, . . - and this material was never passed . to the commission. So I think it's a :very harsh judgment to say that Ibis . very distinguished bunch of Amen-. 1 � Cans � including the chief justice of� the 'Upited States�purposely did not -- :reach the proper conalusion. at'..:e;,.. .. s ..:- ' -.... . e - .: .. es :. - . s s Li-. .. . Q: HO w long-will it take 'no:House. � to investigate this affair and come to some sort of a conclusion..Will jt be :years away, do you feel?, _-. 7te.:;�:-.4.-, . ,... .-.. A:- No,.I don't think'if Will.be that far away. TiaeHouse of Repreeienta-: .� tives had two basic roads they Could have followed. They could have taken- their staff members, people. who . were thoroughly familiar with the subject but equally opinionated, or - they could start with people who � were good lawyers and good investi- gators and start with a clean mind and simply go &we the same road Ithat others have been going down for 12 years. They chose the latter. That t will take- somewhat.more time, but 1* with the caliber of People that have f. been chosen I can't see that it's going " to take a .matter of years. I think it will take a number of months longer than it would going the other way.-.--. 1. : ; . 7. - :�;;.:- Q: Eunice Shriver, who of 'course lost two brothers to assassins,..has '� said that she would prefer the whole; '. th'ig be dropped, that the investiga- tions into JFK and Robert Kennedy's deaths shouldn't be opened. How do you respond when a family member .expresses this kiwi of a sentimenti-ty:- - -- .., � .. . - ' A: Well, I think all of us feel 'a* . basic sympathy, not only for Mrs. Shriver but also for- Mrs. "Rose Kennedy and for the remaining brother, Sen. Kennedy. But it's my own feeling that the question of what i happened to the Kennedy brothers, if ' something more than meets the eye ' 'did occur, is really a matter 'of na- long jump frOrri that possibility to the tional concern and transcends the:ss possiblity that we had anythingto do . own very understandable interest_ Jwith killing. It seems to me that these it. I think that the investigation ceie . are qUestions that gave the congres- : tainly into President Kennedy's... sional counximittee the powers. that death can be done in such a way as to -.' they have...I don't really know that ' ;cause minimum grief to the family. speculating gets anywhere:- � . .--� � � . At � ,i.. � And I think there's a very good 't .. . e- t� - -. - � -. s �-� . ..� ...., � . . chance that this will happen because. � - Q: Your Committee to, Inve.sliga le. ..i-I think the members of the House of. Assassinations, what do you think it ..: RepreSentatives and the members of has been able to.accomplisli? Why ,-; the Church committee-in the Senate- - was it formed? --., -..-- - .1-- _ - --." - -�=- -_. . . :.are very well aware of the Problem, ..'s - - .- - --- ..- : :a. - s: � -. -: .,1- and .I- canl. see any reason why it-a. ' Ai It was formed for two basic reat - , .., cannot be done terribly dis- ; sons., One was to get the critics of. the . ; tasteful evidence being trotted out in Warren Commission to coordinate : public.I just don't think that's nec.e?-;a. their efforts. The basic aims of 'the � � sary. .; � "' � � group were to gather information to ;� , ? t; ' - -- � , ��-- '' ' . ����� � ."*. ;� ": . '-: ....;:' ''' .'7 ' ', , ...., %. keep the subject of John Kennedy's 1- ' - 's 7. ' ' '''''' .t. � ' '' -* - ''.:1 .1 '' ' assassination alive until we could e-* Q: '..You were the attorney for.. corm-nee the congress.to reopen their - i .Tames Earl Ray. Do Youleel that -.._ own investigation. Fortunately... - there is evidence that could clear him t think we've been. very successful: or alternatively to prove th athe was 'c-The subject. has.been kept alive. As i.no.t.th,elcule P 5 5'1"15 ? ..-....:" .. . ,:l1.13e climate in:.the country changed � i' 7 :����� r-: tYK:.:. � "- -� � � 7. .41...12:the climate in Congress changed, we t A: It is My.ownpersonal belief that- -: were able,:tvith. the help of a lot of ' ' there was a conspiracy. I think that '`other people, In persuade them go in -.�..the �question would be* resolvif ed� '. ... t:v.itli a full-fledged investigation, We � i James Earl Ray were given a trial.. / - �:*.intend to turn-aver till of our.invest-i- think most of us in the United State- gationto thernand.to.giveany.other 'most- of. the public certainly, and 6.1."....a.esiStattce:- t�-:'7;-::.:" .:.-i:-.-,'..----..- . most all of Washington that -I knowt::...-. . . ..... t.,....-a.-...e..� .-ea--..� &...�,--!�:-..:.:"-a--..--,: t were simply amazed when a guilty:--'. '.Q:- There's been an eternal fascIna� � .plea Was extracted from him and he :� iion with John F. Kennedy's murder. I went off to serve a 99-year term with-. "-: Do you think when or if the Rouse: r: out a trial. It came as a great' shock ... investigation reaches its conclusiov t to most people and I think most peca .-. that will Jay to rest finally the W.C11- : ple were rather disappointed in a .- dation? �..--.7'-' -. ,,*, '. .s%--.z���- , .1: : -..:: �. : : crithe of this naagnitude a man would e. s. . a et- ,s ---; :.etez '. -as �.-..aee ..a. .. �� - :. . s- ..., not in fact stay for a jury trial. I �-,..e. A: / believ that if this Tiow_:(...0031�, .. ' spent slit years trying to achieve, this....... mime, continues to get the soppoit. ir, .:. :I must confess .I was unsuccessful, .....- the next Congress that they have. i.J but it is very posible that this inves-..-! -- � the.last months of this Congress, that 7.i tigation of the House of Representa- �.., they will investigate this killing fhbr- - tives-wOuld achieve in a lot shorter _ '�oughlyeI think they will cull out lies period than *six years what we were:, leads, I think they will look at an thc -un. Ole t� do ill tile. cmrts- -;- -.�-: ee. sea evidence and .and if alter that length (-) � - - e . . ' � time- and. that length of investigetine- est;: Q::. 'The FBI is now known to have �they conclude that the. Warren Corn- !: hounded Martin � Luther King and :.i . mission was correct, I certainly fMrf:, .there has been speculation ,that-th! 41,� 99.9' percent a percent of the people 'WM bf. .t. 1731 mayhave some way been involy,--,z- "'et,.7s5exi.E Lt., nil- - c't saythat in an hones: ';.� ed in his death: Do you su.bs.....cri. . _bp � ler::_z_ ..fif_p .ty I. know of a few people who ars ';'.-i. this possibility? ..._ ..,......-...1'.-"-,...-never going to be satisfied, at-Juts. . eest esst -�-� .. .. � 'set -se t! Is ''s � �-e-= :'au can never Satisfy all of them be� ��;i.,7-- -Ai-I:have seen no eVidence to that ������,..ae.. e use they each have a particiftse s , effect and I have Seen in both the .--.. these theory. And e theories are inter- -:-M .-hn F.' Kennedy case and the Martin ..^-ii-ally incansis tent if nothing else. Bu Lather King case that One has to -be '''''-. rthink that as a practical matter tha .,..-...carefal to distinguish .between the ...if a congtessional comem:nittee, and i 4� crirrie.and the investigation. I .think : not this one, maybe- the Senat. . :In the Martin Luther. Kin case that '-� . commmittee Or maybe both of t.11?..n . ::. the Ff31 because of its animosity for.. _will attack the job they are suppose, �� Dr_ King. may not have. made :, what � � do, /think that most f .1 ' -. ' . " we would-Consider their best effort- to - � if pot all of them, will be laid to rest. '' investigate-it: But we have made a . -. a �-�