Mr. Lane. I believe it was within 2 weeks after that date. I did not bring with me the letter that I wrote to Mrs. Oswald explaining that I could not function before the Commission as counsel because the Commission would not permit me to function as counsel, and that I agreed to serve on a citizen's committee which would conduct an independent inquiry. And, therefore, since it seemed that there was nothing further I could do on behalf of the original purpose of our retainer, that we should probably conclude our professional relationship as of that time had ended. I believe that is the substance of the letter that I sent to Mrs. Oswald. And that is within 2 weeks of March 4.
Representative Ford. Mr. Rankin, may I raise a question about the language which Mr. Lane uses to the effect that the Commission declined to permit Mr. Lane to represent Mrs. Oswald?
I think the record before the Commission on this matter will speak for itself. I think to have the record clear, we ought to have that part of the Commission proceedings inserted in the record at this point.
Mr. Lane. I would like to correct a mistake that you made, Congressman. I did not say that I was not permitted to serve as counsel for Mrs. Oswald before the Commission. I said, I thought quite precisely, that I had not been permitted by the Commission to serve as counsel to represent the interests of Lee Harvey Oswald at the request of his mother, Marguerite Oswald.
Representative Ford. I think we should let the record speak for itself at the time that this matter was raised before the Commission.
The Chairman. That portion of the record may be incorporated in this record at this particular time.
Mr. Lane. I would just like to conclude on this note.
I hope the Commission will give consideration to my request, which the Commission has answered, but which again I would like at this time to renew. That is, that I be permitted, at the request of Mrs. Oswald, the mother of the accused, defendant, really, before this Commission's hearing, to represent his interests here, to have access to the material which you have access to, and the right to present witnesses.
It is not usual for an attorney representing a party to be given an opportunity to testify, which is quite unusual—but rather to be given the opportunity to present witnesses and to cross-examine them. It has generally been my role in criminal cases. Never before have I testified in behalf of a client.
If it is the Commissioners' position that this is not a trial in any respect, and therefore Oswald is not entitled to counsel, that is the position with which I would like to respectfully offer a dissent.
The fact that Oswald is not going to have a real trial flows only from his death, and he is not responsible with that having taken place. Every right belonging to an American citizen charged with a crime was taken from him up to and including his life.
I think now that that episode is completed, hopefully never to reappear ever again in our history, or anything close to it—I think it would be proper to permit him to have counsel before the Commission, counsel who can function on his behalf in terms of cross-examining evidence and presenting witnesses. If it is the Commission's position now that he is entitled to counsel, and the Commission will appoint counsel, then I ask the Commission to consider that the constitutional right to counsel involves the right to counsel of one's choice, or in the event of the death of a party, to counsel of the choice of the surviving members of the family.
If Marina Oswald, the widow, sought to have counsel represent her husband I would think—here—I would think that would cause a conflict and a problem, if the widow and also the mother made the same request. But as I understand it no request has been made by the widow, who has indicated to the press that she believes her husband is guilty, and through her former business agent, Mr. Martin, who I am told was secured for her by the Secret Service as a business agent, she indicated that even a trial which might prove he was innocent, she would still be sure he was guilty, and has indicated since that time no desire to my knowledge to secure counsel for her husband, her late husband, before the Commission.
I think, then, the mother would, in almost any jurisdiction, be the next person to make a decision in this area, and the mother has made a decision, as you know. She has retained me to represent the rights and interests of her son.
I think under those circumstances it would be proper for the Commission to permit me to participate.
This, of course, is not a jury trial. With all due respect to the integrity and background of each of the members of the Commission, I suggest that it is not the function of the trying body to appoint counsel, or the jury to appoint counsel, but in our society it is just the reverse; it is the function of defense counsel to participate in determining who the jury should be.
Many criminal lawyers, very noted counsel, would probably seek to excuse certain—and again no disrespect at all is meant to the background of members of this Commission—but defense counsel generally seeks to excuse as jurors those who are in any way associated with the Government in a criminal case. And here we have the Government appointing the jury, and then the jury picking counsel, who also is Government connected at this time. I in no way wish to raise the question of the integrity of any of the members of the Commission or counsel or anyone else, or their ability. But that truism about equality has some meaning in terms of impartiality—everyone is impartial to some people, and more impartial to other people. And counsel, in order to function, I believe, must be totally independent and totally committed to the responsibility of representing his client.
But above all, he must be secured by someone who has the ability to speak for the deceased, in this case his mother and his wife. And under those circumstances, I renew my request that I be permitted to, at the request of Lee Oswald's mother, who survives him—to function before this Commission as counsel on his behalf.
The Chairman. Mr. Lane, I must advise you that the Commission, as you already know, has considered your request and has denied it. It does not consider you as the attorney for Lee Oswald. Now, this is not for any discussion. We are not going to argue it. You have had your say, and I will just answer.
Lee Oswald left a widow. She is his legal representative. She is represented by counsel. This Commission is cooperating with her in any way she may request. If anyone else wants to present any evidence to the Commission, they may do so. But it is the view and the wish—the will of the Commission—that no one else shall be entitled to participate in the work and the deliberations of the Commission.
We asked you to come here today because we understood that you did have evidence. We are happy to receive it. We want every bit of evidence that you have. You may present anything that you wish to us. But you are not to be a participant in the work of the Commission. I assume you have some questions you would like to ask Mr. Lane, Mr. Rankin?
Mr. Lane. Well, then I ask also, Mr. Chief Justice, at this point the letters, exchange of letters between Mr. Rankin and myself, where I made the request to appear as counsel for the interests of Lee Harvey Oswald, and where counsel for this Commission said that, Oswald was not entitled to counsel, or that I could not represent him——
The Chairman. Let the record speak for itself in that respect, too. The exchange of letters will be in the record. [See Commission Exhibit No. 1053.]
Mr. Lane. Thank you, sir.