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I was disappointed that Senator Richard Russell was
now unable to give me see me because of a medical problem.
The staffer, who relayed the message, told me that the
Senator wanted me to know that the main problem he had
with the Warren Report was its inability to satisfactorily
factualize the shooting itself. He believed that three
separate bullets had hit President Kennedy and Governor
Connally, just as Governor Connally himself had described
the shooting. The Commission's report had advanced the
theory only two bullets had done the damage, one of
them doing double-duty by wounding both men. According
to Russell's staffer, the Senator had even considered
writing a minority opinion, but, in the end, accepted
the McCloy compromise of ambiguous wording.
So it now turned out that at least
four Commission members--Russell, Cooper, Ford and Boggs--had
doubts about a central issue: the chronology of the
bullets. How could such a deep fissure arise in a Commission
which had publically presented as a monolithic conclusion?
I had come to Philadelphia by train
to see the 35 year old staff lawyer who had developed
the so-called single-bullet
theory that had caused this internal controversy,
Arlen Specter. Specter had graduated Phi Beta Kappa
from the University of Pennsylvania in 1951, served
in the Air Force Office of Special Investigations for
two years, then went to Yale Law School, where he edited
its law journal. He was now the assistant district attorney
in Philadelphia, and he had reluctantly granted me this
appointment because McCloy and other Commissioners had
discussed this internal issue, as he put it, with me.
I met him in his office on the 28th floor of the PSF
building at 2:10 PM.
He began by explaining what happened.
When the Commission met on December 16,1963, it decided
to hold an independent investigation, which meant it
would not rely on the FBI, Secret Service or CIA, but,
to do so, it needed independent investigators. By the
end of December, J. Lee Rankin and Howard Willens, who
was its chief administrators, had chosen five eminent
lawyers as senior counsels, and assigned each a different
investigative area. The area of resolving the central
facts of the shooting, "Panel 1," was assigned
to Francis Adams, a former New York City Police Commissioner,
in early January. Adams had the impression it was only
a two-month part-time job, and, when the investigation
was delayed, he returned to his own law practice. Meanwhile,
in January, Specter, who had known Willens from the
Law Review at Yale, had been assigned as a junior lawyer
to help Adams. Since Adams failed to show up for the
investigation he was supposedly in charge, Specter took
over (though the Commissioners themselves did not realize
that Adams had de facto retired.). He had virtually
the entire burden of establishing the sequence of which
shots hit which person in the assassination. Compounding
the problem, the Dallas part of his investigation was
delayed for almost two months until mid March because
of the Chief Justice's decision not to begin until the
completion of the trial of Oswald's killer. By this
time, Specter had established that there was a critical
contradiction between the FBI summary report, which
concluded that a single rifle accounted for three separate
hits-- the first wounding Kennedy in the back, the second
wounding Governor John Connally in the wrist, and the
third hitting Kennedy's head-- and the photographic
evidence, which showed there was not enough time for
the rifle in question to have fired the first two of
these shots. Either the FBI was wrong, or there had
been a second gunman. Despite this critical inconsistency,
the Commission set a June deadline for wrapping up the
investigation, giving Specter only 10 weeks to re-interrogate
the doctors and other witnesses.
The questions proceeded as follows:
Q. Why did you choose to work on
Panel 1?
A. I wanted to deal with tangible
facts.
Q. How Were you charged?
A. No specific charge. We were investigators
as well as lawyers. We gathered facts, we didn't make
conclusions.
Q. How did you attack your area?
A. We decided what to do ourselves.
I had some specific orders. The Chief Justice told me
to take the midnight plane to Dallas and clear up the
Dallas Doctors testimony-- I left immediately.
Q. What witnesses did you call?
A. All that were important or I knew
of. I didn't handle overpass or other sources of the
shots.
Q. Were the original FBI reports
helpful in your area?
A. Extremely so.
Q. Didn't the FBI Reports confuse
sequence of the shots.
A. They held second bullet missed
JFK and hit Connally.
Q. What changes or refinements did
you make from these FBI conclusions?
A. We filled in gaps but there were
very few changes.
Q. You changed the position of the
President's car?
A. We made it more exact.
Q. What about Adams?
A. He was hard-driven. He wanted
to get done.
Q. How did the Single-bullet theory
develop?
A. It began with talks I had on
March 16 (1964) with autopsy doctors, and it was suggested
by J.J. Humes, who did the autopsy.
Q. Did you have that notion before
that date that a single bullet might have hit both men?
A. Not really--it just developed,
before I didn't know what had happened.
Q. The staff lawyers believe it
was only one bullet?
A. It wasn't up to lawyers to venture
opinions, we simply assembled the facts.
Q. Why didn't Commissioners accept
it?
A. Russell didn't want to say Connally
was in error. It is as simple as that.
Q. When the Secret Service did a
reconstruction on December 7th (1963), why didn't they
arrive at single-bullet theory?
A. They had no idea of it at the
time.
Q. Why? Wasn't it obvious.
A. No.
Q. Why didn't FBI come to Single
Bullet Theory?
A. They thought Connally was hit
by separate bullet?
Q. So the Single Bullet theory was
the Warren Commission's idea?
A. Yes. It was our most: dramatic
contribution?
Q. And you were responsible for
it?
A. Yes, I more than anyone else.
Q. What about the reconstruction
Tests?
A. I pushed for the May 24 (1964)
reconstruction. I thought it was very important.
Q. Why was there resistance to doing
it?
A. Commission didn't want it to
look like we didn't know all the facts by this late
date.
Q. What about the wound ballistic
tests?
A. I arranged and conducted them.
Q. But why didn't you line up models
of both Kennedy and Connally so you could test single
bullet theory?
A. It was impossible. We had to
fire 15 bullets to have it slant through the goat's
neck at the right angle. It would take thousands of
bullets. We didn't have the time.
Q. Was another factor that single
bullet theory had not developed yet?
A. Yes. We didn't know that either.
Q. Did you look at the Zapruder
film.
A. About 180 times.
Q. Was there too much emphasis on
the reconstruction tests?
A. I thought they were important
corroborative evidence.
Q.Were there any limits on money?
A. None that I knew of.
Q. How exhaustive was investigation?
A. Very.
Q. But there were witnesses who
were never called like Mrs. Walther?
A. I never heard of her.
Q. How good were the FBI agents
assigned to help Commission?
A. Very good. Much better than State
police. I worked with both.
Q. Did you see autopsy photos?
A. No, I never saw them.
Q. Did Adams?
A. Not to my knowledge.
Q. Why were autopsy photos not available
to you?
A. Ask Rankin.
Q. What about the bullet found on
the stretcher?
A. Witness was inconclusive which
stretcher
Q. Could you trace stretcher?
A. No, impossible.
Q. Why did FBI differ from Warren
Report on Autopsy?
A. The FBI report was compiled in
haste, under great pressure. They had two agents there
from their Maryland field office. At first doctors thought
bullet did not penetrate. They (both?) ran out and phoned
it. The FBI report was then rushed out.
Q. But what of the January 13th
FBI Report, two months later.
A. No answer.
Q. What parts of the Warren report
did you write?
A. Chapters II and III except for
overpass and protection material.
Q. Were there any substantial changes
in drafting process?
A. No.
Q. When did you conclude your investigation?
A. May 28, 1964.
Q. When did you begin your investigation?
A. March 15-16th? Q. What was Rankin
like?
A. Very gentle.
Q. How was your work coordinated?
A. Usually, informally, over a Martini.
Joe Ball (Senior lawyer, Panel II) and I would meet
at times. Ball was interested in autopsy and he asked
to be in on Doctors testimony.
Q. Did you write memos?
A. Not usually.
Q. Who would you consult with the
most?
A. Ball, Belin, Willens, Rankin.
Q. Were there staff meetings?
A. They were usually informal.
Q. You said the reconstruction was
corroborative. Did you have a theory going into it.
A. No. We just gathered facts.
Q. Why weren't autopsy surgeons
better prepared for their testimony?
A. There was a big fight about this.
There was an elaborate system Of filling memos I thought
it was silly but I complied. Warren thought it was idiotic
and discontinued it. That's why autopsy surgeons weren't
prepared.
Q. Did you write a position paper
on Connally single bullet theory?
A. No.
Q. Why did Adams quit?
A. He had other business. He was
very convivial.
Q. Did you read Ford's book?
A. No.
Q. How would you describe separation
between staff and Commission?
A. We did our job. They did their
job.
The Specter interview lasted nearly
two hours. He then congenially invited me to his home,
where I met his wife Joan and children. He impressed
me by perfectly cooking lamb chops on his grill. I had
no doubts of his competency. He had operated on the
Warren Commission under enormous time pressure. He had
realized, even though others had not, that if Connally
had been hit by a third bullet, as he claimed and the
FBI also concluded, there would not have been enough
time for Oswald to have fired three bullets according
to the Zapruder film. His single bullet theory provided
a Deus Ex Machina.
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