NARA on adding new records to the JFK Collection

[Roger Odisio]

I asked NARA what they were doing to update the JFK Collection and whether they accept requests for records to be added to it.   They said, yes, they did accept record recommendations.  Here is the email I got today.

Roger Odisio:

This is in response to your request for information about the JFK Assassination Record Collection. I have an official answer for the question about the addition of new records to the Collection. The short answer is: yes, we do accept recommendations. See below.

If an agency locates assassination records that should have been transferred to the ARRB, it must transfer them to NARA. [I note this is a clear statement of NARA's power to compel collection of records]   If you believe that there may be records outside the custody of NARA that belong in our holdings, we ask that you provide the details to NARA's General Counsel.  

Gene Morris
Archives II Textual Reference Branch (RR2RR)
Room 2400

Here is what I have written so far asking for the Darnell and Wiegman films to added to the Collection.  Comments?

I request that the films of Jimmy Darnell and Dave Wiegman, reporters covering the JFK motorcade on Novemebr 22, 1963, be included in the JFK Collection.  Both films clearly meet the definition of a JFK record and they belong there to satisfy the Collection's purpose "to provide the public with the opportunity to judge the surrounding history of the assassination for themselves".  

The 1992 JFK Act empowered the ARRB to define the term, record.  In publishing its final rule, the ARRB said that to implement the intent of Congress and achieve the fullest record of the assassination, it defined "record" as all information, including that held by private institutions and individuals, not just government agencies, that could enhance understanding of the event.    
 
NARA has the original Zapruder film of the shooting.  The Darnell and Wiegman films capture the immediate aftermath on Elm St to provide a more complete picture of what happened
 
The ARRB set about collecting JFK Records (see Chapter 7 of the ARRB Final Report detailing the non-governmental records it retrieved).  But it closed its doors in 1998.  Much new information has emerged since then.
 
NARA has James Hosty's initial interrogation notes of Oswald, in which Oswald said that after eating lunch, he "went outside to watch the P Parade".  

In 2013 Barry Ernest published "The Girl on the Stairs" which lends corroboration to what Oswald said.  Four women watched the motorcade from the 4th floor of the School Book Depository.  Two of them went shortly down the back stairs after the shots to see what was happening, and a third woman--their supervisor--remained on the 4th floor.  She was still there when Roy Truly and a policeman came up the stairs.  None of them saw or heard Oswald descend the stairs.

In 2015, Stan Dane published "Prayerman". In the Darnell and Wiegman films, on the top steps stands a shadowy figure back in the corner that resembles Oswald.  Dane included a meticulous accounting of all persons who could have been that figure.  He concluded it was mostly likely was Oswald.

Together these bits of information focused many researchers back on the Darnell and Wiegman films as a way to possibly settle the matter of Oswald's whereabouts.  But extant copies are not clear enough to identify who that person was.
 
It is my understanding is that NBC Universal, the entertainment conglomerate now owned by Comcast, has the original Darnell film but has refused requests of researchers to see it.  Modern enhancement techniques might allow us to identify that figure.  The importance of the question is obvious.  The answer appears to depend in the first instance on NARA declaring the films to be JFK records and including them in the Collection for all to see.

[Micah Mileto]

David Lifton's tapes! They are in the archive!

[Roger Odisio]

1 hour ago, Micah Mileto said:

David Lifton's tapes! They are in the archive!

According to the Final Report of the ARRB, Lifton donated an "interpositive" of the Zapruder film, interviews with medical witnesses at Parkland and Bethesda, and tapes and transcripts of other interviews.  Did he make more donations?

In any case, it's the originals of the films that are needed.  He doesn't have those

[George Govus]

Roger, you've made real progress, it seems to me!

it's wonderful that you have a statement from NARA to the effect that it has the power to collect outstanding JFKA records. The NARA response does frame this power as being over an "agency." Which I take to mean "another U.S. government entity."

Quote

If an agency locates assassination records that should have been transferred to the ARRB, it must transfer them to NARA.

Expanding on the history of just how the Zapruder film came to be at NARA might be in order. Yes, NARA knows the ARRB bought it for a bazillion dollars from a private party. You might as well save time and make sure they know you know.

(If it were me writing it, I would try to get around saying "original" Zapruder film. "The best available Zapruder film?" Maybe just say "the Zapruder film?")

You mention who's got the Darnell film, but not that Comcast also has the Wiegman film.

There is an extra "was" in the third paragraph from last.

Quote

He concluded it was mostly likely was Oswald.

Again, great work and thank you!

[Roger Odisio]

6 hours ago, George Govus said:

Roger, you've made real progress, it seems to me!

it's wonderful that you have a statement from NARA to the effect that it has the power to collect outstanding JFKA records. The NARA response does frame this power as being over an "agency." Which I take to mean "another U.S. government entity."

Expanding on the history of just how the Zapruder film came to be at NARA might be in order. Yes, NARA knows the ARRB bought it for a bazillion dollars from a private party. You might as well save time and make sure they know you know.

(If it were me writing it, I would try to get around saying "original" Zapruder film. "The best available Zapruder film?" Maybe just say "the Zapruder film?")

You mention who's got the Darnell film, but not that Comcast also has the Wiegman film.

There is an extra "was" in the third paragraph from last.

Again, great work and thank you!

Thanks for the response, George.

Yes that statement from NARA should help clear up any lingering doubt about its powers with the Collection.

The key sentence in that paragraph from NARA is the second one, after the one you quoted:   "If you believe that there may be records outside the custody of NARA that belong in our holdings, we ask that you provide the details to NARA's General Counsel."  Records, not agency records.  The ARRB defined "record" as all information relevant to the JFKA, not just that held by govt agencies.  Congress asked the ARRB to define "record" and NARA must use that definition in its work.  I mention this every chance I get to try to wean people away from the notion that the only issue with the Collection is the stuff the CIA is hiding. 

The ARRB declared the Zapruder film to be a JFK record, and set about to take (their word) the original from the family.  And pay them $16 million.  The ARRB was clear that they wanted only film originals whenever they were able to get them.  In this case it seems pretty clear that on the originals of both films will be useful.

I didn't know Comcast also has the Wiegman film.  But I now see where Bart Kamp has said NBC took both films to New York.  NBC, a "news" organization, whose Dallas affiliate operates under a FCC license  requiring it to serve the public interest.     

 

[Mark Knight]

Roger, 

I need to clarify something about the FCC. The FCC doesn't license networks; it licenses individual stations. So WNBC is a licensee, but NBC is not. Bottom line is that the FCC could pressure NBC by threatening the license of its flagship, WNBC, but as far as the network goes, there is little else the FCC could do.

[Roger Odisio]

1 hour ago, Mark Knight said:

Roger, 

I need to clarify something about the FCC. The FCC doesn't license networks; it licenses individual stations. So WNBC is a licensee, but NBC is not. Bottom line is that the FCC could pressure NBC by threatening the license of its flagship, WNBC, but as far as the network goes, there is little else the FCC could do.

I understand that, Mark.  Darnell, for example, worked for the Dallas affiliate, not the network.  The film he produced is news, very important news.  Under the public interest standard of the station's license, the station is obligated to tell the public about it.

Instead, NBC Universal, the parent, has taken the film original and is hiding it.  I believe that violates the terms of the local affiliate's license.  I think that means the FCC should pull the local affiliate's license.  What effect that would have on NBC Universal I don't know.

I'm not holding my breath.  I briefly looked into this a while back.  The Dallas affiliate's license is good for 8 years and it was renewed a couple of years ago without objection.

If any public interest attorney is interested in this point I'm all ears.