After Lee Harvey Oswald was shot by Jack Ruby, it was no longer possible to arrive at the complete story of the assassination through normal judicial procedures during a trial of the alleged assassin. Alternative means for instituting a complete investigation were widely discussed. Federal and State officials conferred on the possibility of initiating a court of inquiry before a State magistrate in Texas. An investigation by the grand jury of Dallas County also was considered. As speculation about the existence of a foreign or domestic conspiracy became widespread, committees in both Houses of Congress weighed the desirability of congressional hearings to discover all the facts relating to the assassination.
By his order of November 29 establishing the Commission, President Johnson sought to avoid parallel investigations and to concentrate factfinding in a body having the broadest national mandate. As Chairman of the Commission, President Johnson selected Earl Warren, Chief Justice of the United States, former Governor and attorney general of the State of California. From the U.S. Senate, he chose Richard B. Russell, Democratic Senator from Georgia and chairman of the Senate Armed Services Committee, former Governor of, and county attorney in, the State of Georgia, and John Sherman Cooper, Republican Senator from Kentucky, former county and circuit judge, State of Kentucky, and U.S. Ambassador to India. Two members of the Commission were drawn from the U.S. House of Representatives: Hale Boggs, Democratic U.S. Representative from Louisiana and majority whip, and Gerald R. Ford, Republican, U.S. Representative from Michigan and chairman of the House Republican Conference. From private life, President Johnson selected two lawyers by profession, both of whom have served in the administrations of Democratic and Republican Presidents: Allen W. Dulles, former Director of Central Intelligence, and John J. McCloy, former President of the International Bank for Reconstruction and Development, former U.S. High Commissioner for Germany, and during World War II, the Assistant Secretary of War.
From its first meeting on December 5, 1963, the Commission viewed the Executive order as an unequivocal Presidential mandate to conduct a thorough and independent investigation. Because of the numerous rumors and theories, the Commission concluded that the public interest in insuring that the truth was ascertained could not be met by merely accepting the reports or the analyses of Federal or State agencies. Not only were the premises and conclusions of those reports critically reassessed, but all assertions or rumors relating to a possible conspiracy, or the complicity of others than Oswald, which have come to the attention of the Commission, were investigated.
On December 13, 1963, Congress enacted Senate Joint Resolution 137 (Public Law 88-202)[F-3] empowering the Commission to issue subpoenas requiring the testimony of witnesses and the production of evidence relating to any matter under its investigation. In addition, the resolution authorized the Commission to compel testimony from witnesses claiming the privilege against self-incrimination under the fifth amendment to the U.S. Constitution by providing for the grant of immunity to persons testifying under such compulsion. Immunity under these provisions was not granted to any witness during the Commission’s investigation.
The Commission took steps immediately to obtain the necessary staff to fulfill its assignment. J. Lee Rankin, former Solicitor General of the United States, was sworn in as general counsel for the Commission on December 16, 1963. Additional members of the legal staff were selected during the next few weeks. The Commission has been aided by 14 assistant counsel with high professional qualifications, selected by it from widely separated parts of the United States. This staff undertook the work of the Commission with a wealth of legal and investigative experience and a total dedication to the determination of the truth. The Commission has been assisted also by highly qualified personnel from several Federal agencies, assigned to the Commission at its request. This group included lawyers from the Department of Justice, agents of the Internal Revenue Service, a senior historian from the Department of Defense, an editor from the Department of State, and secretarial and administrative staff supplied by the General Services Administration and other agencies.
In addition to the assistance afforded by Federal agencies, the Commission throughout its inquiry had the cooperation of representatives of the city of Dallas and the State of Texas. The attorney general of Texas, Waggoner Carr, aided by two distinguished lawyers of that State, Robert G. Storey of Dallas, retired dean of the Southern Methodist University Law School and former president of the American Bar Association, and Leon Jaworski of Houston, former president of the Texas State Bar Association, has been fully informed at all times as to the progress of the investigation, and has advanced such suggestions as he and his special assistants considered helpful to the accomplishment of the Commission’s assignment. Attorney General Carr has promptly supplied the Commission with pertinent information possessed by Texas officials. Dallas officials, particularly those from the police department, have fully complied with all requests made by the Commission.
THE INVESTIGATION
During December and early January the Commission received an increasing volume of reports from Federal and State investigative agencies. Of principal importance was the five-volume report of the Federal Bureau of Investigation, submitted on December 9, 1963, which summarized the results of the investigation conducted by the Bureau immediately after the assassination. After reviewing this report, the Commission requested the Federal Bureau of Investigation to furnish the underlying investigative materials relied upon in the summary report. The first investigative reports submitted in response to this request were delivered to the Commission on December 20, 1963. On December 18, the Secret Service submitted a detailed report on security precautions taken before President Kennedy’s trip to Texas and a summary of the events of November 22, as witnessed by Secret Service agents. A few days later the Department of State submitted a report relating to Oswald’s defection to the Soviet Union in 1959, and his return to the United States in 1962. On January 7 and 11, 1964, the attorney general of Texas submitted an extensive set of investigative materials, largely Dallas police reports, on the assassination of President Kennedy and the killing of Oswald.
As these investigative reports were received, the staff began analyzing and summarizing them. The members of the legal staff, divided into teams, proceeded to organize the facts revealed by these investigations, determine the issues, sort out the unresolved problems, and recommend additional investigation by the Commission. Simultaneously, to insure that no relevant information would be overlooked, the Commission directed requests to the 10 major departments of the Federal Government, 14 of its independent agencies or commissions, and 4 congressional committees for all information relating to the assassination or the background and activities of Lee Harvey Oswald and Jack Ruby.
After reviewing the accumulating materials, the Commission directed numerous additional requests to Federal and State investigative agencies. The Federal Bureau of Investigation and the Secret Service executed the detailed requests for statements of witnesses and examinations of physical evidence with dispatch and thoroughness. All these reports were reviewed and analyzed by the Commission. Additional investigative requests, where appropriate, were handled by Internal Revenue Service, Department of State, and the military intelligence agencies with comparable skill. Investigative analyses of particular significance and sensitivity in the foreign areas were contributed by the Central Intelligence Agency. On occasion the Commission used independent experts from State and city governments to supplement or verify information. During the investigation the Commission on several occasions visited the scene of the assassination and other places in the Dallas area pertinent to the inquiry.