Morley v. CIA Update
Re: CIA Records of GeorgeJoannides
Here is a description of the case from the AssassinationArchives and
Research Center- AARC:
This is the second trip to the United States Court of Appeals for the
District of Columbia in the Morleycase. This is journalist Jefferson
Morley's effort to obtain records pertaining to George Joannides, the CIA
case officer for the DRE (DirectorioRevoluciionario Estudantil), the Cuban
exile organization which had contacts with Lee Harvey Oswald in the months
prior to President Kennedy's assassination. The prior appeal was a landmark
decision which ruled that the CIA had tosearch its normally exempt
operational files for responsive records. As a result of this victory, it
was revealed that Joannides was working undercover when he was made the
CIA's liaison to the House Select Committeeon assassinations. In that
capacity, Joannides never revealed to the HSCA that he had been DRE'scase
officer when Oswald was in contact with it. Instead, he deflected the HSCA's
requests both for documents about DRE andfor the identity of DRE's case
On remand to the District Court, operational files were searched and
additional information released. However, the CIAstill withholds 295
documents in their entireties and has not located the monthly progress
reports detailing the funding of the DREduring the 17-month period when
Joannides was its case officer.
Here is the Appellant Brief:
Here is the CIA Brief:
Here is the Reply Brief for the Appellant:
Brief for Appellant – U.S. Court of Appeals – D.C. cir. No.10-5161
Jefferson Morley, Appellant, v. Central Intelligence Agency,Appellee
Oral Arguments were held on April 16, 2012
By James H. Lesar
AMBARB DREpsywar propaganda project in Latin America
AMHINT Project for support of DREleaders in Latin America
AMHINT-2 DREco-founder Juan Manuel Salvat
AMHINT-53 DRESecretary General Luis Fernandez Rocha
AMSPELL Project in support of DREheadquarters in Miami
ARRB Assassination Records Review Board
CCC Cuban Coordinating Committee
Crozier, Ross DREChief os Station before Joannides;
Pseudonym: Harold W. Noemayr
DRE Directorate Revolutionary Estudantil,anti-Castro Cuban exile - organization funded by CIA
HSCA House Select Committee on Assassinations
JM/WAVE CIAHeadquarters in Miami, also “WAVE”
KUBARK Central Intelligence Agency
MOB Military Operations Branch of DRE
Newby, Walter Pseudonym for George Joannides, aka “Howard”or “Mr. - Howard”
Noemayr, Harold Pseudonymfor Ross Crozier
ODYOKE Code name for U.S.
PBRUMEN Codename for Cuba
SAS Special Affairs Staff
Shackley, Ted AndrewR. Reuiteman
STATEMENT OF THE CASE
A. Procedural History
On July 4, 2003, appellant Jefferson Morley (“Morley”)submitted a Freedom of Information Act (“FOIA”) request for records pertainingto George Joannides (“Joannides”), a CIAofficer who in 1962-1964 served as case officer for the DirectorioRevolcionario Estudantil (“DRE”), a CIA-financedanti-Castro Cuban exile organization whose members were in contact with allegedassassin Lee Harvey Oswald (“Oswald”) prior to the assassination of PresidentKennedy, and who immediately after the assassination used information obtainedfrom their contacts with Oswald to propagate worldwide the first JFKassassination theory – that Cuban Prime Minister Fidel Castro was behind thecrime.
Later, as a result of disclosures made under the PresidentJohn F. Kennedy Assassinations Records Collection Act of 1992 (“JFK Act”), itwas learned that in 1978 Joannides had been called out of retirement to act asliaison between the CIA and the House SelectCommittee on Assassinations (“HSCA”), which at that time was investigating theJFK assassination. In that role, he hid from Congress that he was the CIAcase officer the committee wanted to question about the DRE’spre-assassination contacts with Oswald, and he failed to turn over records onthat association it had requested.
The CIA initially failedto respond to Morley’s FOIA request at all.
After four months of delay, it then claimed that the recordshe requested had been transferred to the National Archives and RecordsAdministration (“NARA”) to be part of theJFK Records Act Collection….After Morley filed suit, the CIAinvoked its “Glomar” defense, refusing to confirm or deny the existence ofrecords pertaining to any “covert program, operation or assignment” regardingJoannides that was not previously acknowledged.
On cross-motions for summary judgment, the Court ruled infavor of the CIA. Morley appealed. ThisCourt ruled that the CIA had to search the CIA’soperational files. It also ordered the CIAto provide Morley with responsive records that had been transferred to NARA,and it remanded the case to the district court for further substantiation onseveral search and exemption issues. On remand, the CIAconducted further searches, including a search of some operational files onJoannides.
In August 2008, it released 293 operational records from itsDirectorate of Support and National Clandestine Services files. In doing so,the CIA, employing a new affiant, nowacknowledged Joannides’ “participation in two specific covert projects, operations,or assignments: JM/WAVE…from 1962 through1964 and Joannides’ service as a CIArepresentative to the [HSCA] from 1978 to 1979.”
It also withheld 295 operational records in their entirety.It also advised that Joannides’ assignment as liaison to the HSCA wasundertaken in a covert capacity.
After making disclosures, the CIAagain moved for summary judgment. Morely cross-moved, and the District Courtaward judgment to the CIA. This appealfollowed.
B. Critical Nature of the Issues Raised
The issues raised in this case were before the Court inMorley v. C.I.A., but they now come into focus in a context which has greatlyincreased the tension between the secrecy for reasons of national security andthe people’s right to have access to information which enables publicaccountability of government agencies.
JFKcountercoup: Morley v. CIA Continues