FINAL REPORT OF THE SELECT COMMITTEE ON ASSASSINATIONS U.S. HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS SECOND SESSION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP83-00156R000300010113-9
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 18
• Document Creation Date: December 19, 2016
• Document Release Date: December 21, 2006
• Sequence Number: 113
• Publication Date: December 29, 1978
• Content Type: REPORT

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PRESS STATEMENT
The attached submission of
The Select Committee on Assassinations
to the Clerk of the House
is
EMBARGOED
until
12:00 Midnight
Saturday, December 30, 1978
or
for publication in A.M.
editions of newspapers
dated
Sunday, December 31, 1978
The midnight embargo-applies to
new broadcast by radio and television
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FINAL REPORT
of the
SELECT COMMITTEE ON ASSASSINATIONS
U.S. HOUSE OF REPRESENTATIVES
Ninety-Fifth Congress
Second Session
SUMMARY OF
FINDINGS AND RECOMMENDATIONS
December 29, 1978
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SELECT COMDIITTEE ON &S3ASSIti3TIO'S
LOVU STOE BS, OhI Chbwaa
BZCEARDSON PRETER, Naeffi CUM" SAMLEL Z. DZM*r. Ohio
WALTER E. FAV TROT. Distdetol Coiumbis STEWART B.3IcELYNET, Caeaat
YrON.NE BRLTBWAITE BIIRgE. Calitentls CHARLES THONE. Nebm a
CHRISTOPHER J. DODD, Com m'aat HAROLD S. SAWYER, Iroftan
HAROLD E. FORD. Teanww -
ILOTD I. F1TULSN. ltudlaea
ROBERT W. EDGAR, Peaasytvaots
Sabmwwimves Ae SrAaenwi0piees tAa
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ANrta # sA.-Kinp. Js. .loAn F.
WALTER E. FA.VNTROT, Ctu s RICIIARDSON PRETER. CA.1
HAROLD E. FORD Tti ONNE BRATHWAITE BZr REE
FLOYD J. FITUL1N CHRIBTOPHER 3. DODD
ROBERT W. EDGAR CHARLES THONE
STEWART B. X cZD NEY HAROLD S. SAWYER
LOCI3 STOKES. a oAnio LOUIS STOKES. es omdo
843IriEL L. DErt\ E. a olds SA3IriEL L.DEVTNE, os aMds
G. Robert Blakey
Chief Counsel and Director
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U. S. House of Representatives
Select Committee on Assassinations
Washington, D.C., December 29, 1978
Hon. Edmond L. Renshaw, Jr.
Clerk of the House
U. S. Capitol
Room H105
Washington, D.C. 20515
Dear Mr. Renshaw:
On behalf of the Select Committee on Assassinations,
and pursuant to the mandate of House Resolutions 222 and 433,
I am filing for presentation to the House of Representatives
the enclosed Summary of Findings and Recommendations of the
Select Committee on Assassinations. -
As has been agreed upon with the Speaker of the
House, the Committee is filing this Summary of Findings
and Recommendations while the preparation of the complete
volumes of its Final Report continues under your auspices. -
The complete Final Report will include Volume I, the Findings
and Recommendations of the Select Committee with an analysis
of the.evidence concerning each finding and recommendation;
and Volumes TI and sequential volumes, which_will contain'
the Committee"s hearings, scientific reports, and other
materials pertinent to the Committee's investigation. These
volumes will be presented to the House as soon as they can be
suitably prepared for publication, including, where appropriate-
the declassification of classified information. It is
anticipated that the entire Final Report will be published
by March 30, 1979.
Sincerely,
Louis Stokes
Chairman
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TABLE OF CONTENTS
I. Findings of the Select Committee on
Assassinations in the Assassination of
President John F. Kennedy ........................... 5
II. Findings of the Select Committee on
Assassinations in the Assassination of
Dr. Martin Luther King, Jr ..........................10
III. Recommendations of the Select Committee
on Assassinations ...................................12
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I. Findings of the Select Committee on
Assassinations in the Assassination
of President John F. Kennedy in Dallas,
Texas, November 22, 1963.
A. Lee Harvey Oswald fired three
shots at President John F.
Kennedy. The second and third
shots he fired struck the President.
The third shot he fired killed the
President.
1. President Kennedy was struck
by two rifle shots fired from
behind him.
2. The shots that struck President
Kennedy from behind him were fired
from the sixth floor window of the
southeast corner of the Texas
School Book Depository Building.
3. Lee Harvey Oswald owned the rifle
that was used to fire the shots
from the sixth floor window of the
southeast corner of the Texas
School Book Depository Building.
4. Lee Harvey Oswald, shortly before
the assassination, had access to
and was present on the sixth floor
of the Texas School Book Depository
Building.
5. Lee Harvey Oswald's other actions
tend to support the conclusion
that he assassinated President
Kennedy.
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B. Scientific acoustical evidence
establishes a high probability
that two gunmen fired at President
John F. Kennedy. Other scientific
evidence does not preclude the
possibility of two gunmen firing
at the President. Scientific
evidence negates some specific
conspiracy allegations.
C. The Committee believes, on the
basis of the evidence available
to it, that President John F.
Kennedy was probably assassinated
as a result of a conspiracy. The
Committee is unable to identify
the other gunman or the extent of
the conspiracy.
1. The Committee believes, on the
basis of the evidence available
to it, that the Soviet Government
was not involved in the assassina-
tion of President Kennedy.
2. The Committee believes, on the
basis of the evidence available
to it, that the Cuban Govern-
ment was not involved in the
assassination of President
Kennedy.
3. The Committee believes, on the
basis of the evidence available
to it, that anti-Castro Cuban
groups, as groups, were not
involved in the assassination
of President Kennedy, but the
available evidence does not .
preclude the possibility that
individual members may have been
involved.
4. The Committee believes, on the
basis of the evidence available
to it, that the national
syndicate of organized crime,
as a group, was not involved in
the assassination of President
Kennedy, but the available evidence
does not preclude the possibility
that individual members may have
been included.
5. The Secret Service, Federal Bureau
of Investigation and Central
Intelligence Agency were not
involved in the assassination of
President Kennedy.
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D. Agencies and departments of the
United States Government performed
with varying degrees of competency
in'the fulfillment of their duties.
President John F. Kennedy did not
receive adequate protection. A
thorough and reliable investigation
into the responsibility of Lee Harvey
Oswald for the assassination of
President John F. Kennedy was conducted.
The investigation into the possibility
of conspiracy in the assassination was
inadequate. The conclusions of the
investigations were arrived at in good
faith, but presented in a fashion that
was too definitive.
1. The Secret Service was deficient
in the performance of its duties.
(a) The Secret Service possessed
information that was not
properly analyzed, investi-
gated or used by the Secret
Service in connection with
the President's trip to
Dallas; in addition, Secret
Service agents in the motor-
cade were inadequately pre-
pared to protect the President
from a sniper.
(b) The responsibility of the
Secret Service to investigate
the assassination was terminated
when the Federal Bureau of
Investigation assumed primary
investigative responsibility.
2. The Department of Justice failed to
exercise initiative in supervising
and directing the investigation by
the Federal Bureau of Investigation
of the assassination.
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3. The Federal Bureau of Investigation
performed with varying degrees of
competency in the fulfillment of its
duties.
(a) The Federal Bureau of Investigation
adequately investigated Lee Harvey
Oswald prior to the assassination
and properly evaluated the evidence
it possessed to assess his potential
to endanger the public safety in
a national emergency.
(b) The Federal Bureau of Investigation
conducted a thorough and professional
investigation into the responsibility
of Lee Harvey Oswald for the assassina-
tion.
(c) The Federal Bureau of Investigation
failed to investigate adequately
the possibility of a conspiracy to
assassinate the President.
(d) The Federal Bureau of Investigation
was deficient in its sharing of in-
formation with other agencies and
departments.
4. The Central Intelligence Agency was
deficient in its collection and sharing
of information both prior to and subsequent
to the assassination.
5. The Warren Commission performed with
varying degrees of competency in the
fulfillment of its duties.
(a) The Warren Commission conducted
a thorough and professional investi
gation into the responsibility of
Lee Harvey Oswald for the assassination.
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(b) The Warren Commission failed to
investigate adequately the possi-
bility of a conspiracy to assassin-
ate the President. This deficiency
was attributable in part to the
failure of the Commission to receive
all the relevant information that
was in the possession of other
agencies and departments of the
government.
(c) The Warren Commission arrived at
its conclusions, based on the
evidence available to it, in
good faith.
(d) The Warren Commission presented
the conclusions in its Report
in a fashion that was too
definite.
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II. Findings of The Select Committee on
Assassinations in the Assassination
of Dr. Martin Luther King, Jr. in
Memphis, Tennessee, April 4, 1968.
A. James Earl Ray fired one shot
at Dr. Martin Luther King, Jr.
The shot killed Dr. King.
1. Dr. King was killed by one
rifle shot fired from in
front of him.
2. The shot that killed Dr. King
was fired from the bathroom
window at the rear of a
rooming house at 422 1/2 Main
Street, Memphis, Tennessee.
3. James Earl Ray purchased the
rifle used to shoot Dr. King
and transported it from
Birmingham, Ala. to Memphis,
Tenn., where he rented a
room at 422 1/2 South Main
Street, and moments after the
assassination, he dropped it
near 424 South Main Street.
4. It is highly probable that
James Earl Ray stalked Dr.
King for a period immediately
preceding the assassination.
5. James Earl Ray fled the scene
of the crime immediately after
the assassination.
6. James Earl Ray's alibi for the
time of the assassination, his
story of "Raoul," and other
allegedly exculpatory evidence
are not worthy of belief.
7. James Earl Ray knowingly, in-
telligently, and voluntarily
pleaded guilty to the first
degree murder of Dr. King.
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B. The Committee believes, on the
basis of the circumstantial
evidence available to it, that
there is a likelihood that
James Earl Ray assassinated
Dr. Martin Luther King as a
result of a conspiracy.
C. The Committee believes, on the
basis of the evidence available
to it, that no private organizations
or individuals, other than those
discussed under Section B, were
involved in the assassination of
Dr. King.
D. No federal, state or local govern-
ment agency was involved in the
assassination of Dr. King.
E. The Department of Justice and the
Federal Bureau of Investigation
performed with varying degrees of
competency and legality in the
fulfillment of their duties.
1. The Department of Justice failed
to supervise adequately the
Domestic Intelligence Division
of the Federal Bureau of Investi-
gation. In addition, the Federal
Bureau of Investigation, in the
Domestic Intelligence Division's
COINTELPRO campaign against Dr.
King, grossly abused and exceeded
its legal authority and failed
to consider the possibility that
actions threatening bodily harm
to Dr. King might be encouraged
by the program.
2. The Department of Justice and Federal
Bureau of Investigation performed a
thorough investigation into the
responsibility of James Earl Ray for
the assassination of Dr. King, and
conducted a thorough fugitive investi-
gation, but failed to investigate
adequately the possibility of conspiracy
in the assassination. The Federal
Bureau of Investigation manifested a
lack of concern for constitutional
rights in the manner in which it
conducted parts of the investigation.
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III. Recommendations of the
Select Committee on Assassinaticns
I. Legislative Recommendations
on Issues Involving the
Prohibition, Prevention and
Prosecution of Assassinations
and Federally Cognizable omi.ci es
A. Prohibition and Prevention
1. The Judiciary Committee should.process
for early consideration by the House
legislation that would make the assassina-
tion of a Chief of State of any country,
or his political equivalent, a federal
offense, if the offender is an American
citizen or acts on behalf of an American
citizen, or if the offender can be located
in the United States.
2. The Judiciary Committee should process for
early consideration by the House compre-
hensive legislation that would codify,
revise and reform the federal law of
homicide, paying special attention to
assassinations. The Judiciary Committee
should give appropriate attention to the
related offenses of conspiracy, attempt,
assault and kidnapping in the context of
assassinations. Such legislation should be
processed independently of the general pro-
posals for the codification, revision or
reform of the Federal criminal law. The
Committee should address the following
issues in considering the legislation:
(a) Distinguishing between those persons
who should receive the protection of
federal law because of the official
positions they occupy and those
persons who should receive protection
of federal law only in the performance
of their official duties,
(b) Extending the protection of federal
law to persons who occupy high
judicial and executive positions,
including Justices of the Supreme
Court and Cabinet officers,
(c) The applicability of these laws to
private individuals in the exercise
of constitutional rights,
(d) The penalty to be provided for
homocide and the related offenses,
including the applicability and
the constitutionality of the death
penalty,
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(e) The basis for the exercise of federal
jurisdiction, including domestic
and extraterritorial reach,
(f) The pre-emption of state jurisdiction
without the necessity of any action
on the part of the Attorney General
where the President is assassinated,
(g) The circumstances under which
federal jurisdiction should pre-
empt state jurisdiction in other
cases,
(h) The power of federal investigative
agencies to require autopsies to be
performed,
(i) The ability of federal investigative
agencies to secure the assistance
of other federal or state agencies,
including the military, other laws
notwithstanding,
(j) The authority to offer rewards
to apprehend the perpetrators of
the crime,
(k) A requirement of forfeiture of the
instrumentalities of the crime,
(1) The condemnation of personal or
other effects of historical interest,
(m) The advisability of providing,
consistent with the first amendment,
legal trust devices to hold for the
benefit of victims, their families,
or the general treasury, the profits
realized from books,.movie rights,
or public appearances by the perpetrator
of the crime, and
(n) The applicability of threat and physical
zone of protection legislation to
persons under the physical protection
of federal investigative or law
enforcement agencies.
3. The appropriate Committees of the House
should process for early consideration by
the House charter legislation for the
Central Intelligence Agency and Federal
Bureau of Investigation. The Committees
should address the following issues in
considering the charter legislation:
(a) The proper foreign and domestic
intelligence functions of the
intelligence and investigative
agencies of the United States,
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(b) The relationship between the
domestic intelligence functions
and the interference with the
exercise of individual constitutional
rights,
(c) The deliniation of proper law
enforcement functions and techniques
including:
(i) the use of informants and
electronic surveillance,
(ii) guidelines to circumscribe
the use of informants or electronic
surveillance to gather intelligence
on, or investigate, groups that
may be exercising first amendment
freedoms, and
(iii) the proper response of intelligence
or investigative agencies where
information is developed that an
informant has committed a crime.
(d) Guidelines to consider the circum-
stances, if any, when an investigative
agency or a component of that agency
should be disqualified from taking an
active role in an investigation because
of an appearance of impropriety growing
out of a particular intelligence or
.investigative action,
Definitions of the legislative scope
and extent of "sources and methods"
.and the "informant privilege" as a
rationale for the executive branch
withholding information in response
to Congressional or judicial process
or other demand for information,
.(f) Institutionalizing efforts to co-
ordinate the gathering, sharing,
and analysis of intelligence informa-
tion,
(g) Insuring those agencies that primarily
gather intelligence perform their.
function so as to serve the needs of
other agencies that primarily engage
in physical protection, and
(h) Implementing mechanisms that would
permit inter-agency tasking
particular functions.
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B. Prosecution
1. The Judiciary Committee should
consider the impact of the provisions
of law dealing with third-party records,
bail and speedy trial as it applies to
both the investigation and prosecution
of federally cognizable homicides.
2. The Judiciary Committee should examine
recently passed special prosecutor
legislation to determine if its provisions
should be modified to extend them to
presidential assassinations and the
circumstances, if any, under which they
should be applicable to other federally
cognizable homicides.
II. Administrative Recommendations to
the Executive
The Department of Justice should re-examine
its contingency plans for the handling of
assassinations and federally cognizable homi-
cides in light of the record and findings of
the Committee. Such an examination should
consider the following issues:
A. Insuring that its response takes full
advantage of inter- and intra-agency
task forces and the strike force approach
to investigations and prosecutions,
B. Insuring that its response takes full
advantage of the advances of science and
technology, and determining when itshould
secure independent panels of scientists
to review or perform necessary scientific
tasks, or secure qualified independent
forensic pathologists to perform a forensic
autopsy,
C. Insuring that its fair trial/free press
guidelines, consistent with an alleged
offender's right to a fair trial, allow
information about the facts and circum-
stances surrounding an assassination
promptly be made public, and promptly
be corrected when erroneous information
is mistakening released, and
D. Entering at the current time into negotiations
with representatives of the media to secure
voluntary agreements providing that-photographs,
audio tapes, television tapes and related,
matters, made in and around the site of
assassinations, be made available to the
government by consent immediately following
an assassination.
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III. General Recommendations for
Congressional Investigations
A. The appropriate Committees of the House
should consider amending the Rules of the
House to provide for a right to appointive
counsel in investigative hearings where a
witness is unable to provide counsel from
private funds.
B. The appropriate Committees of the House
should examine the Rules of the House governing
the conduct of counsel in legislative and
investigative hearings and consider delineating
guidelines for professional conduct and ethics,
including guidelines to deal with conflicts
of interest in the representation of-multiple
witnesses before a Committee.
C. The Judiciary Committee should examine the
adequacy of federal law as it provides for
the production of federal and state prisoners
before legislative or investigative committees
under a writ of habeas corpus ad testificandum.
D. The appropriate Committees of the House should
examine and-clarify the applicability to
Congressional subpoenas of recently enacted
legislative restrictions on access to records
and other documents.
E. The appropriate Committees of the House should
consider legislation that would authorize
the establishment of a legislative counsel
to conduct litigation on behalf of committees
of the House incident to the investigative
or legislative activities and confer jurisdic-
tion on the United States District Court for
the District of Columbia to hear such lawsuits.
F. The appropriate committees of the House
should consider if Rule 11 of the House
should be amended, so as to restrict the
current access by all Members of, the House
to the classified information in the possession
of any committee.
IV. Recommendations for Further
Investigation .
A. The Department of Justice should contract for
the examination of a film taken by Charles
L. Bronson to determine its significance, if
any, to the assassination of President Kennedy.
B. The National Institute of Law Enforcement
and Criminal Justice of the Department of
Justice and the National Science Foundation
should. make a study of the theory and application
of the principles of accoustics to forensic
questions, using the materials available in
the assassination of President John F.:Kennedv
as a case study.
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C. The Department of Justice should
review the Committee's findings
and report in the assassinations
of President John F. Kennedy and
Dr. Martin Luther King, Jr., and
after completion of the recommended
investigation enumerated in Sections
A and B, analyze whether further
official investigation is warranted
in either case. The Department of
Justice should report its analysis
to the Judiciary Committee.