The Fenster was a lobbyist for Hoffa and Organized Crime. Under the guise of protecting privacy rights etc he went after those who went after Hoffa and his flunkies. He worke for Long who was a Hoffa puppet. Later on his job was to cover up Ruby's connection to OC, Teamsters, Marcello etc. He was more dangerous than I first thought.
During 1975 "Bud" Fensterwald was this researcher’s major antagonist. He did all that he could to discredit my work. Bernard Fensterwald was born August 2, 1921, in Nashville, Tennessee, the son of a wealthy clothing merchant. In 1941 his mother, Blanche Fensterwald, was a delegate to the Southern Conference on Human Welfare, sponsored by the Southern Regional Council. According to Julius Mader, the CIA had used the Southern Regional Council in some unspecified manner during the 1960's. [FBI MURKIN 44-3886-4358; FBI WFO 62-112697-1] The NY Office of the FBI prepared a report on Blanche Fensterwald on August 24, 1956. She was mentioned in four other FBI files. In 1942 Bernard Fensterwald graduated Magna Cum Laude from Harvard. He served in the Navy in World War II, and received a degree from Harvard Law School in 1949. That year, Bernard Fensterwald was the Subject of an FBI applicant type investigation. Bernard Fensterwald entered the Georgetown University School of Advanced International Studies, a private institution, and received an M.A. in 1950.
FENSTERWALD AND SENATOR JOSEPH McCARTHY
From 1951 to 1956 Bernard Fensterwald worked for the State Department as an Assistant Legal Advisor. Bernard Fensterwald defended several State Department employees accused by Senator Joseph McCarthy of Communist affiliation. Some may have been CIA agents who used State Department cover. In 1953 Senator Joseph McCarthy led a Senate fight against the confirmation of intelligence community insider Charles E. Bohlen as Ambassador to the USSR. The attacks of Senator Joseph McCarthy on the CIA culminated on July 9, 1953, when his assistant, Roy M. Cohn, called the Agency and demanded that William Bundy, a Special Assistant to the Deputy Director of Intelligence, testify before Senator Joseph McCarthy's Committee. Allen Dulles refused to allow William Bundy to appear. When NIXON backed Allen Dulles, Senator Joseph McCarthy was defeated. William Bundy became head of the International Organization Division of the CIA, London CIA Chief of Station, and Assistant Deputy Director, (Plans) under CIA Director William Colby. [Winks Cloak & Gown p444] In 1958 Fensterwald wrote a paper entitled The Anatonmy Of American “Isolationism” and Expansionism Part I.
The author of this study is currently administrative assistant to a United States Senator. However research was begun in 1954 at Cambridge University where he was studying on a leave of absence from the Department of State. At that time he was an assistant to the department’s legal advisor. He is a graduate of Harvard College, Harvard Law School and the School of Advanced International Studies of John Hopkins University. [http://jcr.sagepub.com/cgi/pdf_extract/2/2/111]
SENATOR ESTES KEFAUVER
In 1956 Bernard Fensterwald worked for Senator Estes Kefauver (Dem.-TN) who had conducted televised hearings into the Mafia. Kefauver had called for the resignation of Mafia associate Morris Shenker from the Democratic National Committee. Shenker would get Fensterwald his next position in government and the possibility exists that Fensterwald was Shenker’s spy. Shenker also represented many OC figures when they had been called to testify by the Kefauver Committee. In 1956 Senator Kefauver accepted the Vice-Presidential nomination on the Adlai Stevenson ticket, but both were defeated by the re-election of Dwight Eisenhower.
In 1957, with his mother, Fensterwald visited the Soviet Union. In 1957 the FBI stated, "Fensterwald has gone out of his way to be helpful." On May 14, 1957, Fensterwald contacted Louis B. Nichols of the FBI. Senator Henning had been asked to introduce legislation to block the deportation of Pierre LaFitte. LaFitte was a hardcore international criminal who had been previously deported back to his native France. While awaiting deportation he turned snitch and testified against his cellmate. The Mafia had a contract out on him and it did not want him deported as that would make it harder to eliminate him. An unnamed FBI official reported:
I told Fensterwald that this, of course, was a matter for the Immigration Service and on a purely personal and confidential basis the Senator should be exceedingly cautious before he got out on a limb; that if he inquired into LaFittes background he would find an extensive record; and that under no circumstances would the Bureau support LaFitte. I told him officially, of course, we could not take a position but that, personally, we would hate to see some friend embarrassed and he should be very cautious. Fensterwald stated that was enough for him. (Paragraph deleted) [FBI 66-18621-269]
In March 1957 the FBI seized Hoffa in a plot to bribe a Senate Staff Aide on the Senate Select Committee on Labor and Management Practices. Robert Kennedy said the approach to the staff member had been made by attorney Hyman Fishbach. Fishbach had accused Senator Margret Chase Smith of Maine of harboring communist inclinations when he went after HOFFA in 1957. The Justice Department dropped the charges against Fishbach. In March 1961 Fishbach was injured when a bomb exploded as he turned on the ignition to his car. In 1959 Fensterwald was the Subject of another applicant-type inquiry conducted by the FBI. On March 12, 1961, Bernard Fensterwald replaced Paul Rand Dixon as an investigator for the Senate Antitrust and Monopoly Subcommittee headed by Senator Estes Kefauver. These hearings send several prominent electrical company executives to prison for price-fixing. Paul R. Dixon became head of the Federal Trade Commission. In 1961 Senator Estes Kefauver was investigating the drug industry. Hank Messick reported Senator Estes Kefauver fired Bernard Fensterwald. In May 1963 Kefauver was hospitalized in Bethesda Naval Hospital with a case of Asian influenza. On August 8, 1963 Kefauver was hospitalized at Bethesda with what was described as a mild heart attack. He first believed he was suffering from acute indigestion. Tests at the hospital disclosed the heart attack. He was ordered to get several weeks of bed rest, however his condition worsened and on August 10, 1963 – while waiting open-heart surgery at Bethesda Naval Hospital, Kefauver died of a ruptured aorta which caused a massive hemorrhage. His body was taken home to Madisonville for burial and no autopsy was performed. The cause of death was listed as a dissecting aneurysm, or ballooning of the aorta. Was this a drug-induced myocardial infarction?
Circa 1967 Bernard Fensterwald left the State Department and was hired by Senator Thomas C. Hennings (Dem.-MO) as an investigator for the Senate Committee on Constitutional Rights. At this time the Democratic Party in Saint Louis, Missouri, was controlled by Morris Shenker, casino owner, Mafia house counsel and influence peddler at the highest levels of government. In 1951, when a Democratic Congressman from St. Louis Missouri died, the Republican opponent of the man the Democrats picked to run for his seat stated that her opponent had been handpicked by Morris Shenker. In 1954 Shenker had represented Truman pal Paul Dillon when Dillon was charged with not reporting income he received for facilitating the paroles of Mafia figures.
SHENKER AND HIS PUPPET EDWARD V. LONG
In 1960 Senator Thomas C. Hennings died of stomach cancer, and Edward Vaughan Long (born July 18, 1908) was appointed to take his place in Congress. Senator Edward V. Long was elected to a full six year term in 1962. Senator Edward V. Long was named Chairman of the Subcommittee on Administrative Practice and Procedure in 1963. In the mid-1960’s Senator Edward V. Long was approached by Teamster Union boss James Hoffa, who was shopping for a congressional committee to investigate the tactics of United States Attorney General Robert F. Kennedy. Jimmy Hoffa was intent on retaliating against United States Attorney General Robert F. Kennedy for having exposed the connections of the Teamsters Union to organized crime, and for having indicted him on wiretapped evidence. Senator Long agreed to take up Jimmy Hoffa’s fight against Robert F. Kennedy’s alleged violations of civil liberties – for a price. Senator Edward V. Long was connected to Jimmy Hoffa through Attorney Morris Shenker, who worked on a five-figure retainer for Jimmy Hoffa. Senator Edward V. Long had received $48,000 from Morris Shenker for having referred Jimmy Hoffa to him. Senator Edward V. Long admitted living in the same Washington, D.C., apartment building as Jimmy Hoffa and said he had met him on several occasions.
Senator Long selected Bernard Fensterwald as his Chief Counsel. Bernard Fensterwald was described as a heavy John F. Kennedy financial supporter who harbored a grudge against the Kennedys for having failed to give him the Ambassadorial post he had coveted. [William Lambert Life 5.26.67] Long and Fensterwald represented the interests of Organized Crime in the United States Senate. Long could not submit a bill that would legalize loan sharking, prostitution etc but under the guise of protecting “civil rights” he could go after the politicians and law enforcement officials who were going after the Teamsters and their brothers in the Mafia. Bernard Fensterwald even had the nerve to demand the FBI reveal the names of organized crime figures who were the Subjects of mail covers. Life Magazine reported:
Three days later in Washington under the guise of getting urgent information for some future public hearings Chief Counsel Fensterwald began an unusual series of interviews of Justice Department lawyers and Carmine Bufalino case defendants. The transcripts of these secret interviews, which were never made public, begin with the statement that ‘the Subcommittee met, pursuant to notice…Bernard Fensterwald Jr. Chief Counsel for the Subcommittee presiding’ because no Senator was present. Notwithstanding Fensterwald’s effort to give these sessions the appearance of an official proceeding, the interrogation could not be conducted under oath. Fensterwald for that matter could not ‘preside’ at a session of the committee. That is a privilege reserved for Senators. It was apparent from Fensterwald’s questions that he had access to testimony taken in William Bufalino’s Detroit lawsuit, and that his aim was to try to link Detroit police to the IRS, thence to Organized Crime and Racketeering Section of the Justice Department, as parties to a wiretapping conspiracy against Hoffa. The parade of witnesses included William Hundley, former Chief of the Organized Crime Section, plus several lawyers still working in the section; a former Justice Department lawyer who was hostile to Robert Kennedy, and several Detroit area law enforcement officials. [LIFE – May 26, 1967]
William Bufalino was an OC house counsel who represented HOFFA. Bufalino’s complaint contained two counts. The first count set forth a claim for damages in the amount of $1,550,000, alleging that defendants tapped the telephone line serving plaintiff’s residence and intercepted and divulged the contents of telephone calls of plaintiff, his wife and children, and also alleged that plaintiff’s private, confidential and privileged conversations and communications with his clients were invaded, thereby causing serious harm to him in his profession as a lawyer and to the offices which he held. The second count was for damages in the amount of $2,100,000, alleging a conspiracy to tap plaintiff’s telephone lines and intercept and divulge the contents of telephone calls in violation of his contractual rights and his right to privacy. After Hoffa’s disappearance from a parking lot in a Detroit suburb, Mr. Bufalino said he believed the union leader had been involved in an effort by the Central Intelligence Agency to arrange for American members of the Mafia to assassinate Fidel Castro, the Cuban President. Under Mr. Bufalino’s theory, Mr. Hoffa was killed to prevent him from disclosing anything about the alleged plot.
The Life Magazine article determined that Senator Long and his Chief Counsel Bernard “Bud” Fensterwald was strongly influenced to take up the investigations of Federal snooping by friends who were high in the teamsters union. The hearings conducted by Fensterwald “blunted the Justice Department’s Organized Crime Drive by discrediting its participating governmental agencies; in particular the IRS.” The article also stated that Senator Long had misused his investigating subcommittee – first as an instrument of for trying to keep Jimmy Hoffa out of prison; subsequently for trying to get Hoffa’s conviction reversed.
Mr. Fensterwald said Life Magazine had not established any connection between the wiretapping investigation and the efforts by Hoffa and his counsel to keep the teamster leader out of jail or get a reversal of his conviction. Mr. Fensterwald also intimated that the information about the referral fees had been leaked to Life Magazine by the IRS, which has been a principal object of Long’s inquiring. Fensterwald claimed, “We have tried to stay out of all cases in litigation. We have stayed religiously clear of the Hoffa case.
[COUNSEL DEFENDS MOTIVES OF LONG; Denies Wiretap Inquiry Was Designed to Help Hoffa Close Friend of Senator Dirksen Rarely at Sessions By E. W. KENWORTHY Special to The New York Times May 22, 1967]
Fensterwald accused Robert Kennedy of having planted an article in Life Magazine about Hoffa thereby trying Hoffa through the media. RFK had put Life Magazine in touch with Baron, a disgruntled Teamster. According to Robert Kennedy “There was a connection between Mr. Sam Baron and Life Magazine over whichI had no control and which was only to be published in case Mr. Baron was killed.”
Fensterwald observed that there was nothing in the document describing plans for a possible article in Life to indicate that the article was to be published only in case of Mr. Baron’s death. ‘The article at that stage’ Mr. Fensterwald said, ‘had not been written. This was an arrangement whereby I understand it; you were putting what would normally be described as ‘a fink’ in touch with Time Life to write a magazine article?” Normally described as what?’ Mr. Kennedy asked. “Fink F-I-N-K” Mr Fensterwald said spelling the word. “A stool pigeon. Does that word strike a chord?” “I thought it was a citizen who was reporting information and evidence in connection with illegal activities.” The Senator said. “Let me say” Mr. Kennedy resumed, “I am shocked to hear that. I think there have been a lot of loyal people, if I may say Mr. Counsel that provided information to the United States Government in connection with Communist activities, underworld activities, narcotics activities at great risk to their own lives and I that is that has been very, very helpful to the United States. And it is also you position Sir” Mr. Fensterwald went on, “that it is proper for an attorney General to take sure people, even when a case is under investigation and indictment, and attempt to see that their testimony is printed in the public press rather than being taken in court.” That is not the way it was done, Mr. Counsel” the Senator replied, “I never did anything like that.”
It was true that the Internal Revenue Service had leaked word of Morris Shenker’s payment to Senator Edward V. Long to William Lambert of Life magazine. In the mid-1960s, Florida Governor Claude Kirk commissioned Wackenhut to help fight the “war on organized crime”; this $500,000 contract lasted about a year and led to more than 80 criminal indictments, including many local politicians and government employees. Kirk was asked by Bernard Fensterwald about the possibility of a security risk or a conflict. Fensterwald also subpoenaed Post Office officials and questioned them about the use of mail covers and peep hole that allowed postal office personnel to read letters without opening them.In January 1975 Bernard Fensterwald testified on behalf of Morris Shenker at a Hearing of the Gaming Control Board in Nevada.
The FBI stated:
A review of Bureau file reveals no information directly connecting Senator Long with the leadership of La Cosa Nostra or other top racket figures. A review of data regarding certain of Long’s legal clients “shared” with Shenker, who has represented Teamster boss James Hoffa and who is described as being connected with various racket figures, shows connections with the hoodlum element and activities of questionable legality. [FBI 92-6054-2227]
In 1967 Senator Edward V. Long was called before the Senate Ethics Committee and questioned about his connections to Jimmy Hoffa. In 1967 Frederick Praeger published The Intruders by Senator Edward V. Long. The book was dedicated to Fensterwald. Senator Edward V. Long was forced to resign in December 1968. The government service of Bernard Fensterwald ended with the downfall of Senator Edward V. Long. [FBI WFO 112697-1; NYT 3.28.73] In November 1971 Fensterwald stated that the FBI “was lax in investigating organized crime because many Congressmen had connections with the mafia.” [62-113904-40]
Fensterwald was a disgruntled Kennedy supporter who was going to settle his vendetta with the Kennedy’s by hooking up with James Riddle Hoffa. I thought Fensterwald was working for the CIA but I was wrong. He was working for the mob AND the CIA. By 1966 the CIA had an interest in protecting certain members of organized crime, since the CIA worked with them in anti-Castro plotting. Whenever the CIA had an interest in something, such as McCarthy going after CIA agents under State Department cover, Fensterwald was on the scene.
Senator Edward V. Long planned to call Robert Maheu to testify about invasions of privacy by private investigators. The CIA feared that its involvement with Robert Maheu and Johnny Rosselli would have surfaced during these hearings. The CIA reported:
Upon notification for appearance before the Subcommittee, Mr. Maheu contacted his attorney, Edward Morgan of Washington, D.C. Mr. Morgan in turned contacted Mr. Morris Shenker, an attorney in Saint Louis, Missouri, who personally knows Senator Edward V. Long. It is reported that a meeting was arranged to discuss the appearance of Mr. Maheu before the Subcommittee which meeting was attended by Senator Long, his staff assistant Mr. Bernard Fensterwald (who is performing the staff work for the Subcommittee hearings) Mr. Morgan and Mr. Shenker.
On June 6, 1966, Robert Maheu told CIA’s Director of Assistant Deputy Director of Security, (IOS) James P. O’Connell, that he got
…the impression from Morgan, who is still dealing with the Saint Louis attorney [shenker], a personal friend of Senator Long, that the Committee has done some additional checking, and earlier information regarding Maheu’s activities may not be as solid as earlier believed. I next asked Robert Maheu if Bernard Fensterwald had actually identified Sam Giancana, Onassis, Niarchus etc. by name as he had previously indicated to Colonel Sheffield Edwards and myself. He replied in the affirmative, and speculated that this convinced him someone has been ‘talking.’ He conjectured that several people knew about the bug on Onassis’s New York office, including Taggart who, to date, has not contacted him. John Frank, former CIA employee, and a John Geraghty (phonetic), a free lance newspaperman who was employed by him at the time. In the case of Sam, Ed Dubois and a couple of his technicians were aware of Maheu’s tie-in with Giancanna. While Bob [Robert Maheu] was not identified in the press as being involved, he was definitely linked as a result of the technicians identified in the press as being involved, he was definitely linked as a result of the technician, who, when arrested and detained at the Sheriff’s office in Las Vegas, failing to locate Dubois, telephoned Maheu directly at the Kennelworth Hotel, Miami Beach, in the presence of Sheriff’s personnel, to advise him of his compromise. According to Maheu, neither Dubois nor his employees, were aware of the true relationship between Maheu and Sam.
The CIA then reported:
According to Maheu, Shenker has some strong hold on Senator Long and also has Bernard Fensterwald indebted to him as he got Fensterwald his job...Maheu claims that this case could be “closed-up” if we merely approach Senator Long, and say that the questioning of Maheu might be harmful to the national security. He implies that while Senator Long has agreed not to call him, the Senator is looking for something on which to base this decision and our approach would be sufficient to clinch the situation.
The CIA felt “...Fensterwald will approach us about any problem areas from our point of view.” [CIA Memo DD/CIA from Houston 6.21.66] The CIA reported:
In 1966 information was received by the Agency indicating that the Senate Administrative Practices Subcommittee, under the chairmanship of Senator Edward Long, had advised Maheu that his testimony was desired concerning his relationship with Onassis, Savros Niarchos, Sam Giancanna and (Deleted as of 2010). The Subcommittee interest was invasion of privacy and particularly the use of audio devices by private investigators. In July 1966, Senator Long was alerted to the fact that the Agency had had sensitive operational contacts with Maheu. Senator Long was told that the Agency had used Maheu over the years, on a number of occasions, but that he never had been asked to engage in any wiretapping and had never engaged in any such activities on our behalf. Office of Security files do not indicate whether or not Maheu did appear before this Subcommittee, although it appears that he did not.
Robert Maheu never testified. The subcommittee held widely publicized hearings and damaged Robert F. Kennedy, but not the CIA. The CIA compiled a dossier on Senator Edward V. Long. [NYT 1.17.75 p9] Maheu died August 6, 2008 at age 90.
THE DEATH OF EDWARD LONG
On November 6, 1972, ex-Senator Edward V. Long died. Thomas Osborn, prosecuting attorney of Audrain County, who has been appointed a special investigator in the Long case said that Miss Helen Dunlop [Long’s mistress and secretary] had not told authorities about Mr. Long’s proported statement on being poisoned until early April 1973. She told him that a box of candy had arrived at Mr. Long’s estate called Brookville Farm in Clarksville, Mo. November 2, 1973 and that she had typed a letter of thanks to an unidentified suburban man whose business card accompanied the box. Miss Dunlop, who is 46, told investigators she later saw the box opened at the Brookville Home November 5 when she visited the Senator. On November 6, 1973 she said, she was notified that the Senator was ill and went to Brookville, where Mr. Long complained that the candy tasted bitter and that he thought he had been poisoned because his arms and legs felt numb. A few hours later, before a physician could arrive Mr. Long was dead. The candy was never recovered. The man whose name was on the business card said he had not been associated with the business noted on the card when the candy was send and has denied sending it to Mr. Long. He was not identified by authorites. (NYT April 21, 1973) In April 1973 the body of Edward V. Long was exhumed. The only identifiable substances found in his stomach were parts of an undigested apple. [NYT 5.3.73] Judging from his past associations Long very well might have been poisoned by an untraceable poison. If this was the case it was the CIA, not the mob.
THE COMMITTEE TO INVESTIGATE ASSASSINATIONS
In January 1969, two months after having left Senator Edward V. Long’s “Get Robert F. Kennedy Subcommittee,” Bernard Fensterwald founded the Committee To Investigate Assassinations, which was allegedly dedicated to finding the real assassins of John F. Kennedy. ANGLETON’S Deputy, James Hunt, asked the FBI for more information on the Committee To Investigate Assassinations. [FBI 62-19060-6681] The CIA:
Our records show that Richard Sprague, a management consultant and photographic researcher, appeared in a New York Times article of May 24, 1968, in which he claimed that within an hour of the assassination of President Kennedy three men may have been pulled off freight cars in a railroad yard near Dealey Plaza. We have no further identifiable record of him.
The Committee to Investigate Assassinations was formed by Fensterwald and Sprague, not to reveal the truth about the Kennedy assassination, but to suppress it. Many of JACK RUBY’S CALLS A lot of researchers like Jim Lesar, Kevin Walsch and others were fooled by Fensterwald and worked with him and were influenced by him.
BERNARD FENSTERWALD AND JAMES EARL RAY
In March 1969 Fensterwald told the press that the CHRIST tramp, who he called Frenchy resembled the sketch of Ray’s “Raoul.”
JFK, KING DEATH LINK IS CLAIMED
(Washington UPI) A private committee contends it has found a link between the slaying of JFK and MLK Jr. Bernard Fensterwald Jr. told a news conference Monday the alleged link is a picture taken of in Dallas an hour after Kennedy was shot. The photograph is a blown-up shot of a man supposedly being arrested in Dealey Plaza in Dallas. Fensterwald exhibited the photograph and said the man pictured strongly resembled a police sketch made in Memphis from accounts of eyewitnesses to the King assassination.
In a Ramparts Magazine article written in 1968 William Turner had pointed out the resemblance between the CHRIST tramp and the MLK assailant sketch. Fensterwald was going to overshadow Turner so that he would be sure that anyone with further information would approach him and not Turner.
In the spring of 1970 James Earl Ray hired Bernard Fensterwald as his attorney; he fired him in 1976. In June 1974 Bernard Fensterwald filed a motion to grant James Earl Ray a new trial on the basis of alleged collusion between William Bradford Huie and the former attorneys of James Earl Ray. Bernard Fensterwald was involved with a lot of bogus activity surrounding the King assassination. In September 1974, Robert Livingston, a Memphis lawyer and Special Deputy Sheriff, held a press conference at which he announced: “There were three gunmen, one from the underworld who is now serving a sentence in a Canadian prison and proposes to testify to give a complete expose of the King murder case and to give names and telephone numbers of the four...wealthy, socially prominent Americans...one black...who hired him...for $100,000 to kill King.”
Robert Livingston contacted Memphis attorney Russell X. Thompson and asked him to represent these hired killers, who agreed to testify if they were granted complete immunity. Russell X. Thompson was known as a liberal, and represented the NAACP. Russell X. Thompson received a phone call from one of the alleged gunman who wanted $3000 to come to Memphis.
Bernard Fensterwald and Robert Livingston allegedly met one of the gun man in Detroit, then took him to Tennessee to see James Earl Ray. James Earl Ray refused to speak with him and the “hired gun men” story proved false. Priscilla Johnson’s former husband, George McMillan, believed he knew the identity of one of the hired gun men. George McMillan did a book on the Martin Luther King killing, Portrait of an Assassin. “I have always believed that James Earl Ray did it alone” said George McMillan. In 1994 James Earl Ray became suspicious of Bernard Fensterwald:
When he first started representing me he appeared very diligent; however, after he obtained the evidentiary hearing in the Memphis Federal Court he appeared to become very defensive in prosecuting the matter. He wouldn’t permit his associate, Jim Lesar, to ask certain witnesses questions. Lesar’s intentions were okay but he did not have the experience to brief a H.C. case. After the evidentiary hearing in Memphis, Fensterwald asked me to let Lesar file the briefs to the 6th circuit and argue them at the hearing. At that time Lesar was young and not a cr. Attorney. The next time I saw Fensterwald was 15 years later (1990), I think, in Brushy Mountain prison. He showed me a picture along with some information about a dude named Smith...Fensterwald asked if Smith was Raoul. Now Smith was an Anglo and I assumed he spoke with a Texas accent, i.e. he had very little in common with Raoul. About three months ago I filed an FOIA request with the FBI/JD asking for Fensterwald’s private files. [ltr.from Ray to AJW 8.31.94, 5.4.94; MURKIN FBI 44-38861-5955, 5950, 5957, 5948, 5947]
In 1983 an administrative law judge ruled that the 22 members of a disbanded Navy intelligence unit that spied on maritime operations around the world were government employees even though they had signed contracts with front corporations set up to cloack their naval ties. They Navy had argued that the former spies were ineligible for normal civil service benefits. Fensterwald won the case.
JAMES McCORD AND FENSTERWALD
On May 24, 1972, JAMES W. McCORD retained Bernard Fensterwald as his counsel in Watergate. After he was arrested at Watergate, McCORD was going to blame the break-in on the CIA, but McCORD changed his mind. McCORD stated:
I have released Gerald Alch as my defense attorney in the Watergate case [and hired Bernard Fensterwald who put up $40,000 bail for McCORD]. In a meeting recently in which our defense plans for Watergate trial were discussed, Alch persisted in a proposal that I claim the Watergate operation was a CIA operation. That is flatly untrue, and when I rejected it, he then went on to make a second proposal. The second proposal then was that I claim that the four Cubans and I cooked up the bugging operation on our own. This was also untrue. [Ervin Hearings p3444]
Gerald Alch denied McCORD'S charges. He said that McCORD'S statement that he told McCORD that his CIA records could be altered to support the claim Watergate was a CIA operation was also false. Gerald Alch, a former associate of F. Lee Bailey who is now a judge in Massachusetts, testified to the Senate Select Committee on Illegal Campaign Activities: "Bernard Fensterwald said to McCORD, 'The reporters have been asking me whether or not you or I had ever had any past relationship? I told him that we had...Well, after all, you have in the past submitted me checks which were donations to the Committee To Investigate Assassinations.' McCORD smiled and said 'That's right.'"
The Committee To Investigate Assassinations was funded by McCORD ASSOCIATES, which for all practical purposes, was a CIA proprietary. The CIA reported that U.S. Attorney Earl Silbert
…is aware that Ralph True was going to go to work for McCORD. [He] would like to know of any other individuals who possibly had been talked to by McCORD when looking toward employment.
The CIA listed 12 former CIA employees who had applied to McCORD ASSOCIATES for work:
(1) William Francis Shea. Entered On Duty 1951, Office of Strategic Research, DDI Intelligence Officer at the time of his resignation. He had (deleted as of 2010) resigned in lieu of termination and may not be to favorably disposed toward the Agency. As previously indicated, his wife, Therese Mae Shea, works as a secretary at McCord Associates. The Office of Personnel referred Mr. Shea to McCORD Associates in 1971, and Dr. Edward M. Gunn indicated that Mr. Shea is affiliated with the Institute for Protection and Safety Studies, Inc.
(2) Therese Mae Shea. Entered on duty at the CIA in 1948. Wife of William Francis Shea. Hired by McCORD as secretary.
(3) James Corbin Fitchett. Entered On Duty 1951. Was supposed to be hired June 30, 1972, to work with the Committee to Re-elect President NIXON.
(4) Ross Ward Lambert a former OSS employee, served with the Agency from January 11, 1965, to August 9, 1971, and was a GS-13, Contract Employee assigned to the Special Operations Division/DDP, at the time of his resignation. Mr. Lambert served extensively in the Far East Division overseas posts, and there was a previous security interest in the case because of his daughter’s involvement in activities of the Students for a Democratic Society, SDS. The Office of Personnel referred Mr. Lambert to McCord Associates but he took a job elsewhere.
(5) Louis Edgar Sherrad. Served with the Agency from July 2, 1952, until January 31, 1969, when he resigned. Security Officer assigned to the Security Research Staff. Background centers on industrial and physical security.
(6) Ralph Orlando True. Entered On Duty 1950. Still Agency employed. Ralph Orlando True was also supposed to retire on June 30, 1972, and join McCORD ASSOCIATES.
(7) Dr. Edward Mansfield Gunn. Entered On Duty 1955. Served with the Agency until May 31, 1971, and was a GS-17, Deputy Director of Medical Services, at the time of his retirement. Dr. Gunn was interviewed by an Office of Security representative on June 19, 1972, and discussed in some detail his involvement with the Institute for Protection and Safety Studies, Inc. which is affiliated with McCORD Associates and occupies space in the same offices. Hired.
(8) Dr. Jacob Victor Golder. Former GS-15, Chief of Psychological Services Staff/Office of Medical Services.
(9) Harry Thayer Mahoney. Entered On Duty 1951. In 1972 he was a GS-14 Operations Officer assigned to Western Hemisphere Division/DDP. He had been acquainted with HOWARD HUNT and McCORD through the years. In 1976 Harry T. Mahoney worked for the Burns International Investigation Bureau. Mahoney had written CIA Agent David McLean a letter mentioning FRANK STURGIS. [Harry Mahoney 1110 Shady Lane, Wheaton, Il. 60187 AFIO 1994; Counterspy Spring 1976]
(10) James Louis Baker served with the Agency from July 2, 1952 until June 24, 1972 when his contract was allowed to expire. Mr. Baker, a GS-12. Operations Officer assigned to Special Operations Division/DDP, was in Saigon, South Vietnam from April 1968 to July 24, 1971 when he was returned to Headquarters because of serious (deleted) problems involving his wife. Divorce proceedings continued through early 1972, and his case has been monitored by the Office of Personnel. Subject was referred to McCord Associates by the Office of Personnel, but he acquired a position with the Bureau of Narcotics and Dangerous Drugs effective as of June 26, 1972. His application may possibly be on file at McCord Associates.
(11) George Theodore Stanton. Served with the Agency from August 4, 1947, to January 8, 1972, and was a GS-14, Operations Officer, assigned to the Counter-Intelligence Staff/DDP. Dr. Gunn indicated that Mr. Stanton has been serving as a consultant to the Institute for Protection and Safety Studies, Inc.
(12) Walter Edward Brayden. Entered On Duty 1947. Hired. Intelligence Officer, DD/P. In April 1972, he served as guard for Mrs. Martha Mitchell on a trip to Chicago.
The CIA reported that McCORD
…gave him his expense account money in ten new one hundred dollar bills. McCORD wanted Braydon to carry a gun, and when Braydon showed reluctance McCORD told him it was OK since he was working to the Attorney General of the U.S. O'Malley also said that Brayden performed security sweeps of the office of the Committee to Re-elect the President. [CIA Memo For: DD/Pers/SP Subject: Meeting with Frank O'Malley]
Shea gave up eavesdropping and in 1980 wrote “The role and function of technology in American popular music, 1945-1964.” Mr. Fitchett holds an M.A. in government from the Maxwell School of Syracuse University and an A. B. in political science from the American University in Washington, D.C. He is a former Trustee and Chairman of the Board of the Boston Society for Information Management. Mr. Fitchett often speaks at national conferences and has published in health care journals and texts. Ross Ward Lambert was an expert on computer enhancement of sound and computer voice recognition. In April 1947 Ralph Orlando True, Jr., was an OSS agent and assistant attaché in Greece working under Thomas Karamessines. Doctor Gunn was hired by McCord Associates to poison people! Harry Thayer Mahoney was a retired CIA agent and author of numerous books chronicling espionage and documenting the lives of Communists like Leon Trotsky. Harry was a CIA historian. George Stanton wrote "Defense Against Communist Interrogation Organizations." [studies in Intelligence 13, no. 4 (Fall 1969)]
THE DEATH OF MARTHA MITCHELL
AJ WEBERMAN TURNS MARTHA MITCHELL ON TO
THE CONNECTIONS BETWEEN THE JFK HIT AND WATERGATE
Martha Mitchell died on June 1, 1976. She was 57. Her physician, Dr. Klaus Mayer, attributed her death to multiple myeloma, a rare type of malignancy that attacked bone marrow, complicated by hemorrhage and terminal bronchial pneumonia. Martha Mitchell was unconscious as a result of a heart attack. In 1994 Dr. Klaus Mayer stated: "There was nothing suspicious about her death. She had a not-so-rare type malignancy which is almost always fatal, and in her case, it was. She was bleeding from the G.I. tract, but that's not so unusual either. She drank a fair amount. Her illness was complicated by hemorrhage and terminal bronchial pneumonia because she was on cortisone-like drugs which provoke that sort of thing. She had an autopsy. When we saw her she was slowly, but surely, going to die of a disease that everybody I've ever known would die of. She was being treated for bone marrow cancer before I saw her. That was a straight forward disease. There is no way of giving it, or inducing it. Not even radiation. What is interesting is how she was treated in California after she squealed on the NIXON administration. She claimed, and I have no evidence to work on, things like that may have occurred before she suspected it. But not for a period of time. No one got near her at the hospital or at home. She was in the advanced stages of a malignant disease."
Most of the applicants referred to McCORD ASSOCIATES by the CIA were hired. What they were to do for McCORD ASSOCIATES remained a mystery. McCORD knew CHRIST and ANGLETON. McCORD might have been in Dealey Plaza disguised as a Secret Service agent. He looked the part. Why had he supported an organization like the Committee To Investigate Assassinations which was supposed to uncover his crime?
McCORD, LOUIS RUSSELL AND FENSTERWALD
Louis Russell was the intermediary between McCORD ASSOCIATES and Bernard Fensterwald. Born in Louisville, Kentucky, Louis Russell was the son of an FBI Agent. In 1937 he joined the Bureau, and worked there until 1944, when he was forced to leave because of alcoholism. From 1945 to 1954, Louis Russell worked as an investigator for the House Un-American Activities Committee and became its Chief Investigator in 1949. Louis Russell worked with NIXON on the Alger Hiss case. In 1954 he was fired for drinking, but was reinstated by Senator James O. Eastland (Dem.-MS), and remained with the House Un-American Activities Committee until 1966. In January 1972 Louis Russell met with JAMES McCORD, and was hired by the Committee to Re-elect President NIXON and by McCORD ASSOCIATES and by Fensterwald’s COMMITTEE TO INVESTIGATE ASSASSINATIONS. [FBI DC 139-166 rel. 6.27.72] Louis Russell was interviewed by Special Agents of the FBI on June 29, 1972:
He does not recall ever receiving a phone call on April 25, 1972, from McCord Associates to the phone number 234-9746 which is the pay telephone located in the hall of the rooming house where he resides. He advised that he does know JAMES McCORD of McCORD Associates and that he is employed by JAMES McCORD. He stated that the phone call could have been taken by any of the tenants living in the rooming house...He first met JAMES McCORD in January or February 1972 at Scholls Restaurant in Washington, D.C. at which time McCORD asked him to work for him as an investigator for the National Committee to Re-elect the President. He stated that McCORD said he was recommended to by someone, whose name he did not disclose. Russell advised that this is probably correct as he has done investigative work in an around Washington, D.C. for some time. He said his first job was to do a background check on a female, name 'Jane' (LNU) who was in the employ of the National Committee to Re-elect the President. He said for that job he received $40 paid by check in advance by McCORD. His next job was a background check on a male 'hippie' messenger for the National Committee to Re-elect the President. He said for that for this job he received $25. He advised he was also asked to check out a magazine by the title of The Sociables and a woman by the name of Rita Gerin. He gave written reports to McCORD on all the above cases. On June 1, 1972, McCORD put him on retainer of $710 per month to continue until the Presidential Election was over with the purpose of investigating Jack Anderson to determine the source of Anderson's information. He furnished McCORD with one report on Anderson for which he received $75. He stated that he worked this case solely during the month of June but that now that the 'Democratic Committee Bugging Incident Occurred' he does not know if he will still be employed by McCORD. He advised that he also worked for McCORD as a security guard at 1701 Pennsylvania Avenue, Northwest, Washington, D.C. for about two weeks prior to being put on retainer by McCORD. He said that it was his understanding he was employed by the National Committee to Re-elect the President and was hired by JAMES McCORD. His checks were drawn on the Maryland National Bank on the account of Mr. and Mrs. James McCORD or McCORD Associates. He couldn't remember which.
He said that he saw JAMES and Mrs. McCORD last night at their home, but that they did not discuss the break-in of the Democratic National Headquarters, nor did McCORD give any information as to Russell's current employment status with the National Committee to Re-elect the President. As far as the Anderson investigation was concerned Russell stated that he was never told what person, or persons, in the National Committee to Re-elect the President was interested or requested the Anderson investigation.
Russell advised that his background concerning investigative work started in 1937 when he was a Special Agent for the FBI. He was employed by the FBI from June 1937 until 1944, when he left the FBI because of personal reasons; i.e. first wife committing suicide and his becoming a heavy drinker. He stated that most of his work in the FBI was in the Washington, D.C. area. After 1944 he worked in many varied jobs and found work wherever he could. From 1945 until 1954 he worked as an investigator for the House Committee on Un-American Activities and was fired in 1954 for drinking, but was reinstated in 1957 by Francis B. Walter. He stayed with the House Committee on Un-American Activities until 1967. Since that time he has worked varied jobs, but mainly doing investigations and background checks for clients. He admitted that at one time he was an alcoholic, and a member of Alcoholic's Anonymous. He ran a home for Alcoholics Anonymous from February 1969 to 1970. He stated that his name has appeared in the following books: Six Crisis by RICHARD NIXON, The Committee by Walter Goodman and The Witness by Whitaker Chambers.
The Senate Select Committee on Illegal Campaign Practices stated in its Minority Report:
The Committee did review evidence of a potential link between JAMES MCCORD and the security guard force [of the Watergate Hotel] in the person of Mr. Louis Russell as follows. On June 8, 1973, Mr. F. Kelly Chamberlain, ex-Vice President of General Security Services, Inc. (In charge of the Watergate security force), advised the staff the Mr. L. J. Russell did 'piece work' for that organization between December 1971 and March 1972. Chamberlain stated that Russell's work had no relation to the Watergate complex and that he had no knowledge of any acquaintance between Russell and Frank Willis, the guard who reported the possibility of illegal entry on June 17, 1972, to the police...The Louis Russell referred to by Mr. Chamberlain is the same person employed by JAMES MCCORD on June 16, 1972, through June 17, 1972. Russell advised the staff that he had worked for General Security as late as January 1972, but that he did not know Frank Willis...Russell stated that he never met any Watergate figures other than MCCORD; was not aware of MCCORD'S Watergate-related plans or activities until learning of the arrests in the newspapers on June 18, 1972. Russell did state that he had eaten at the Howard Johnson's Motor Lodge across from the Watergate on the night of June 16, 1972, but that his presence there on the eve of the break-in was merely coincidental...On July 3, 1972, Russell told the FBI that he had eaten at the Howard Johnson's Motor Lodge between 8:30 p.m. and 10:30 p.m. on June 16, 1972, because he had fond memories of that restaurant. Russell asserted he did not see McCORD while he was at Howard Johnson's and was able to identify photographs of Baldwin and HUNT, but he could not remember where he had seen them. On May 9, 1973, Russell advised the Chief Counsel of this Committee that he maintained no bank account prior to 1969 and could produce no statements for the Committee. Mr. William Birely advised the Committee on August 27, 1973, that he had known Russell for approximately two years and that he employed Russell as a researcher on a part-time basis and rented Russell quarters adjacent to his office space. He described Russell as a Democrat who was extremely critical of President NIXON. Louis James Russell died on July 2, 1973, without being re-interviewed by the staff.
On July 2, 1973, about a month after Judge Gerald Alch testified about McCORD'S connection to Fensterwald, Louis Russell, 61, was found dead of a heart attack in the home of his daughter in Maryland. He had previously been in Washington Adventist Hospital, but had been released about ten days before he died. He was never questioned by the Senate Select Committee on Illegal Campaign Activities. The request of Alger Hiss for a ruling on the death of Louis Russell was turned down. [KGB Yakovlev Wash. Silhouettes p122] McCORD stated:
A false allegation was made shortly after March 23, 1973, that E. HOWARD HUNT and FRANK STURGIS were in Dallas at the time the President was killed, and a photograph was circulated purporting to be HUNT and STURGIS there at the time. Persons I know circulated and touted the story to the press, knowing the allegation was false in its entirety, and further that the men in the photographs bore no resemblance whatever to HUNT and STURGIS. I know that HUNT was not in Dallas and had no connection whatever with the President's death...Great anguish and damage has been done to HUNT, and no doubt will be taken into consideration by a parole board considering his release from prison.
[McCORD ltr. to Dan Schultz 12.17.76] On November 10, 1973, McCORD threatened to sue Paul Krassner, the publisher of the Realist, for libel, after Krassner ran an article by Mae Brussell that linked McCORD to Dealey Plaza.
McCORD AND LEE PENNINGTON
Leonard W. Pennington, left his job with the FBI, where he served as liaison with the American Legion, to help organize the American Security Council. Pennington became the Internal Security Editor and Washington Bureau Chief of the American Security Council. In 1964, Lee Pennington was involved in an investigation of the assassination of President John F. Kennedy for the American Security Council. The Director of the American Security Council, John Fisher, also a former FBI Special Agent, telephoned the FBI in 1964 and told the Bureau that Lee Pennington knew someone who knew the Paine family. [NYT 7.3.73; FBI CG 62-6115 12.5.63] From 1983 to 1984 John Fisher raised money for the Nicaraguan Contras. In 1985 he joined the World Anticommunist League (whose members included Alpha-66) in its fight against the Sandinistas.
The report of Senator Howard Baker on the CIA's involvement in Watergate stated that Lee Pennington was a "domestic agent...possibly in violation of the CIA's Charter." In August 1975 there was a break-in at the home of Senator Howard Baker, however, no valuables were reported missing. [Wise American Police State p164]
THE TWO PENNINGTONS
The CIA reported:
The Pennington Matter: For many years a man named Lee Pennington has been retained by the CIA as a Confidential Informant. His compensation from the CIA has been $250 per month. Mr. Howard Osborn stated that he has no idea what kind of information has been supplied to the Agency by Pennington in exchange for the compensation paid him.
In August 1972 Mr. Osborn was on vacation during the time his deputy (Deleted) was in charge of the Office of Security. (The Office of Security had been designated by the DCI as the liaison with all other governmental agencies and departments relating to Watergate matters).
While Mr. Osborn was on vacation an FBI Agent named Arnold Parham contacted the Office of Security and requested information on a man simply known as 'Pennington.' The request was directed to Steve Kuhn of the Office of Security. Steve Kuhn's Deputy, Hollis Whitaker, took the request of Agent Arnold Parham to (deleted as of 2010) and asked whether the FBI should be given the names of both Penningtons or just one of them. (Deleted as of 2010) [Gaynor] instructed Whitaker that Parham should be supplied only with the name of Cecil Harold Pennington, a retired employee of the CIA, who was not related in any way to Lee Pennington. [Cecil Harold Pennington was a former CIA Staff Employee, who retired in 1961.] (Deleted as of 2010) instructed Whitaker that Lee Pennington's name should not be given to Parham.
On August 25, 1972, the FBI reviewed Cecil Pennington's CIA file. The FBI found: "No indication from CIA record that Cecil Pennington served as McCORD'S supervisor." When the FBI interviewed Cecil Pennington, it found that "he was associated with, and was a co-worker (not supervisor) of McCORD, but has had no contact with McCORD since he retired in April 1961."
The CIA reported:
(Deleted as of 2010) [Gaynor] instructed Hollis Whitaker that Lee Pennington's name should not be given to Parham. (Deleted as of 2010) would have known that JAMES McCORD, while he was employed in the Office of Security, had acted as the Case Officer for Lee Pennington, that McCORD was involved in the Watergate break-in, and that the FBI was really interested in Lee Pennington.
Howard Osborn states that all of the above information came to his attention in February 1974 and that he had no knowledge of it until that time.
Lee Pennington and a man named (Deleted as of 2010) were the only two confidential informants who Osborn can think of who were employed as such by the Office of Security during his tenure with that office. (This is in addition to CIA employees and the employees of propriety investigating companies who have been used as informants.) [several lines deleted]
Mr. Pennington was apparently terminated as a CIA informant on December 31, 1973. Howard Osborn states that he started action to terminate (Deleted as of 2010) in about January or February 1973. He thought that (Deleted as of 2010) had never provided anything to the Office of Security and that it was no crime to have a domestic informant.
Both Pennington and (Deleted as of 2010) had been informants for the Office of Security for many years. They had been retained in that capacity even before Osborn became Deputy Director of Security in 1963.
PENNINGTON BURNS McCORD'S FILES
In February 1974, in connection with a search of files in the Office of Security, some indication was turned up the Howard Osborn had been informed in January 1973 about the fact that Lee Pennington had entered the home and office of McCORD at the request of Mrs. McCORD on January 22, 1972, to locate and destroy records which would have revealed a 'link' between McCORD and the CIA. Howard Osborn denies that he ever received any such information. The information was allegedly given to him by Paul Gaynor, Chief of Security Research, in the Office of Security.
Paul Gaynor retired in 1973 at the request of Osborn, who had been directed to cut out a GS-16 from his staff in a personnel reduction move. He states that Mr. Gaynor accepted his request gracefully and retired.
Osborn and Paul Gaynor have never discussed with each other the subject of Lee Pennington or the deception practiced on the FBI in August 1972. Osborn does not think that Gaynor opened up the subject, but he does believe that Gaynor has testified before either one of the Congressional Committees investigating Watergate of the Special Prosecutor's Office.
After Mr. Gaynor retired, Lou Vasaly of the Office of Security has handled contacts with (Deleted as of 2010) and Pennington. In January or February 1974 Mr. Osborn sent Sidney Steinbridge of the Office of Security to New York to terminate (Deleted as of 2010).
On September 1, 1972, Lee Pennington was interviewed by the FBI. Lee Pennington stated:
He has been acquainted with McCORD since the mid-1950's and since the Watergate incident on June 17, 1972, Lee Pennington met with McCORD about six times. One or two days after McCORD'S arrest, Lee Pennington brought dinner to the McCORD family at their residence. He made no mention of having seen Mrs. McCord burn any papers or that he participated in such a burning. We did not recheck with CIA as there was no reason to do so.
In January 1973 Howard Osborn, the Director/Office of Security of the CIA ordered that all CIA files about Lee Pennington be removed from the CIA Watergate files. As a result of this, the Director/Office of Security was forced to resign. No investigation concerning Lee Pennington's involvement in the alleged burning incident was requested by the Special Prosecution Force. [5.1.74 Memo Agent Angelo J. Leno, WFO/USA Earl J. Silbert]
Senator Howard Baker said Lee Pennington burned McCORD'S files in McCORD'S home, two days after the Watergate break-in. Senator Howard Baker believed Lee Pennington told Paul Gaynor of this activity in June 1972. Paul Gaynor, who had been slated to be hired by McCORD ASSOCIATES after his retirement, denied it, although he could not deny his association with McCORD:
On June 23, 1972, Leo J. Dunn, Deputy Director, Personnel Security, CIA, advised telephone number (deleted) is a CIA number for Paul Gaynor who would retire as of June 30, 1972, as Chief, Research Division, Office of Security, CIA. Dunn furnished a June 21, 1972, memorandum regarding (deleted) association with McCORD and a copy of his biographical data. [FBI Bufile 4679-647X]
McCORD communicated with Paul Gaynor after Watergate. In a memorandum for the Director of the Central Intelligence Agency, Richard Helms, from CIA Inspector General William V. Broe, Potential Flap Activities, Contacts With Watergate Figures [5.21.73 rel. 8.15.76], it was noted:
McCORD had written letters to the Agency since his arrest. The first dated July 29, 1972, was addressed to Richard Helms and was handled as a routine crank letter until it was recognized that the "JIM" who signed it was McCORD. Later letters from McCORD were addressed to Paul Gaynor at his home address. The fact that these letters have been received has been very tightly held. No action was taken in regard to them.
The letters reported that pressure was being put on the burglars to blame the CIA for Watergate. Richard Helms never gave the letters to Watergate prosecutors, however, in May 1973, they were uncovered by the Office of the Inspector General of the CIA and released.
Lee Pennington spoke with Senator Howard Baker, in February 1972; he died suddenly of a heart attack on December 19, 1972. Lee Pennington did not testify before the SSCIA or the Ervin Committee. His relationship with McCORD and the Office of Security of the remained a mystery. [CIA 777-336A; Ross & Wise Inv. Gov. p187; Baker Report p14; NYT 1.5.75; FBI CG 62-61115-12.5.63]
On September 18, 1972, a message from (deleted) was sent to the Acting Director of the FBI, Attention Domestic Intelligence Division, captioned "Bernard Fensterwald Jr. - Freedom of Information Act." It read: "Rebucab September fifteen last. Ltr to CIA September 22, 1972." [FBI 62-112697-18] This concerned the Fenster’s request for photos of the man first thought to OSWALD photographed leaving the Soviet Embassy in Mexico City. In November 1973 the CIA had an interest in Bernard Fensterwald's assassination research conference and supplied the FBI with a schedule.
Bernard Fensterwald went into partnership with the co-counsel of John Dean, Robert McCandless. Coincidently, Dean married Senator Henning’s daughter Maureen Henning. Robert McCandless was linked to Southern Capital, which John Marks, a former State Department Intelligence Analyst, called "the CIA's largest remaining proprietary." [Miami Herald 7.18.76] John Marks wrote:
Lawyers who have had ties with CIA proprietaries have also represented well-known figures in politically charged cases. Robert McCandless resigned as a partner (from Burwell, Hansen and McCandless) in 1973 in order to serve as co-counsel to John Dean. Jeb Magruder, another key witness against NIXON aides in Watergate trials, had a lawyer, James Bierbower, who had served as Vice President of Southern Air Transport, one of the CIA's largest air proprietaries. To complete the circle, James Bierbower worked out of the same office, in the mid-1960's, as Southern Capital's Marvin Evans, and Marvin Evans later shared space with the Robert McCandless firm." [Agee & Wolfe Dirty Work p133]
Robert McCandless commented to this researcher:
I never had anything to do with anything other than law firms. I don't know what you mean. None of it is true, I never had any ties to Southern Capital. I never shared space with Marvin Evans. He has his facts wrong.
In 1992 the Bush Adminstration ordered McClandless to stop providing legal services to the military dictatorship of Haiti. McCandless, who ran Minnesota Sen. Hubert H. Humphrey's 1968 Democratic presidential campaign, said he collected more than $100,000 in fees from the Haitians. Bernard Fensterwald's offices were above those of Intertel. In 1975 Senator Howard Baker revealed that Bernard Fensterwald had a CIA file. [NYT 1.17.75] In late 1976 the Washington Star ran an article, "IS FENSTERWALD A CIA PLANT?," written by Bill Choyke of the Capitol Hill News Service that concerned Bernard Fensterwald's attempt to become Chief Counsel of the HSCA:
Committee Vice Chairman Rep. Henry Gonzalez, the Texas Democrat who introduced the first resolution calling for an assassination inquiry, has privately voiced his strong opposition to Fensterwald having any role on the committee, even as an unofficial advisor...In a telephone interview Fensterwald first acknowledged that he had connections with the CIA and then scoffed at the suggestion. 'I am on the payroll,' he said. However, when pressed, he said he had 'nothing to do with the CIA. There is absolutely no reason to think I am a member of the CIA, absolutely no vestige of evidence of any kind.'
In another interview Bernard Fensterwald was asked:
The Committee to Investigate Assassinations has long been suspected by some people of being somehow connected with the CIA and you yourself being labeled possibly a CIA agent or CIA plant. Are you in fact a CIA agent of any sort?
Bernard Fensterwald responded:
No, I'm a full-time lawyer. Neither I, nor my partner, have ever been affiliated with the CIA, or worked for the CIA, either with, or without, pay in any way, shape or form. I have no idea where the rumor started. I don't know anyone that knows anything about my history that has ever made such an accusation. On the converse side, going back to the early 1960's, when I worked for the Senate, as counsel for one of its committees, I did an investigation on the CIA, and since then I have represented a number of clients in cases against the CIA, to the extent that if there's any evidence at all, it points in the other direction. [interview with Wash. Star Staff writer Michael J. Satchell.]
This article was reprinted in the Classified CIA Operations Center News Service and marked "Distribution II." [Allen v DOD CIA 20866- 0815] In 1977 Bernard Fensterwald was audited by the Internal Revenue Service. [Wall Street Journal 3.23.77]
JOHN ARTHUR PAISLEY
In June 1979 Bernard Fensterwald represented the family of John Arthur Paisley. John Arthur Paisley was a former CIA official who worked for the Agency on a contractual basis, who, according to Tad Szulc, was involved with Yuri Nosenko. The two men became friends, and John Arthur Paisley frequently visited Yuri Nosenko. Inquiry Magazine reported:
Mary Ann Paisley thinks her husband's death may be related to Yuri Nosenko...At the request of Senator Birch Bayh of Indiana, the Chairman of the Senate Intelligence Committee, the FBI began a counter-intelligence analysis of the Paisley case...the Director of the Central Intelligence Agency Stansfield Turner says Yuri Nosenko has 'no recollection of ever meeting Paisley.'
Author Jim Hougan cited a letter Mrs. Paisley wrote to Stansfield Turner, in which she mentioned that she had worked for Kathrine Hart [the wife of John L. Hart] when she was in the CIA. ANGLETON told Look Magazine, "To my knowledge Paisley was never involved in the clandestine side. I have doubts that he knew Yuri Nosenko." [cited in Inquiry 11.15.79] Joe Trento and William R. Corson reported John Arthur Paisley worked with Bruce Solie. Bruce Solie, 75, died on December 25, 1992, after 28 years of CIA service.
John Arthur Paisley was sailing on the Chesapeake Bay on September 23, 1978. In his possession was a briefcase of Secret documents that dealt with the Soviets. The next day John Arthur Paisley was found in the bay, with two diver's belts weighing a total of 38 pounds strapped to his upper abdomen. The autopsy report stated the cause of death was a "Gunshot wound, penetrating head, close contact range. Entrance in left occipital parietal region with powder deposition within wound and on skull. Crania-cerebral injury. Missile recovered, large caliber, deformed, jacketed, lead. Trajectory: left to right (cannot be further evaluated)."
The gun was never recovered. Was the death of John Arthur Paisley a suicide or a murder? Had John Arthur Paisley put on the weight belts, leaned over the edge of the boat, shot himself, then fallen overboard with his gun? The Maryland County Coroner concluded: "John Paisley, a 55 year old white male showing advanced decomposition changes, died of a penetrating gunshot wound to the head. The manner of death is undetermined. Signed Russell S. Fisher, M.D., Chief Medical Examiner." The boat belonging to John Arthur Paisley was found by Maryland Park Rangers. The CIA was first on board and recovered the Secret documents. Why had John Arthur Paisley taken these documents with him if he intended to kill himself? Bernard Fensterwald called the CIA and asked the Agency to "make available for him to interview a number of Agency personnel that appear in a telephone list finder which belonged to Mr. Paisley." [CIA FOIA Req. #F93-0041 OGC-2 Routing and Record Sheet 1.29.79]
HEMMING AND FENSTERWALD
HEMMING told this researcher:
Fensterwald gave me a lot of money, and went through a lot of files, with no return to him at all. He was supposed to give me $100,000 cash (because he didn't want it traced to him) to reorganize his office. Fensterwald said, 'You're so close to this xxxx everybody's wondering why you couldn't stop it, or not appear to be part of it.' There's xxxx he didn't want to know cause he didn't need his family threatened. Bud put McCORD on the phone in May 1975. I had talked to him on the phone during the Garrison investigation. He introduced me to Oliver Stone. What if I told you about a hypothetical classic CIA penetration operation, and Fensterwald financed it for me? You wouldn't be surprised? Kennard Smith, who had worked with Elliot Ness, recommended a covert operation in which people could get killed. There would be shooting. Bud didn't want him to set that up by himself. Fensterwald's CIA people had told him that's risky xxxx, we don't deal in that area. This means palace-level intrigue. We don't do that kind of stuff anymore. He didn't clear it with them, but he told them where he was going to go, and who he was going to talk to. I'm not saying the date, cause I'm not going to go into the operation. Fensterwald reminded me of Pawley. He was serious minded when it came to the security of this country. He loved the goddamned Jews too much.
In 1976 HEMMING asked for
All reports, records and files held by the FBI, CIA, and other agencies, reference to activities of the defendant acting as an investigator concerned alleged CIA activities involving divers conspiracies on the parts of John O'Hare, AKA Colonel Grey, John Kern, and former treasury agent Kennard Smith. [uSDC Miami 76-371-CrCa]
It was suggested to HEMMING that Bernard Fensterwald did damage control for the Agency. He responded:
Could be. If somebody hired him to do something that's completely legal and was in the parameters of the law profession, what the xxxx is he to say or do? And he did it two or three times and it worked out real good, hey, who's he to challenge who the client is? I don't think Fensterwald thought the CIA was the enemy of the United States.
When crypto-Nazi Lyndon LaRouche was indicted for Obstruction of Justice in 1987 he hired Bernard Fensterwald as his attorney. On April 2, 1991, Bernard Fensterwald, 69, died of a heart attack at his home in Alexandria, Virginia. He had become a Senior Partner in Bernard Fensterwald and Alcorn. [FBI 62-112697-18 w/h] Fensterwald's death was his greatest contribution to assassination research.