Mr. Coleman. That were in the Department.
Mr. Chayes. I am confident that that was the case.
Mr. Dulles. May I ask whether there are any lookout cards to your knowledge that are filed under that third section there?
Mr. Chayes. "Violate the laws or be prejudical"?
Mr. Dulles. That is it; yes.
Mr. Chayes. Well, I don't know for a fact that there are, but if we would make such a determination with respect to some person or group, I suppose lookout cards would be prepared for such a group.
And I would go further and say that probably the authority, you don't need authority to do it, but the theory of preparing cards for defectors which we are now doing under the Schwartz to Knight memorandum, that we referred to a moment ago, is that it is possible that a defector, upon examination of his file, will be shown to fall within one of these categories.
Mr. Dulles. Would Oswald now be considered a defector, or should he have been at that time if the regulations that you now have in effect were then in effect?
Mr. Chayes. If we had the instruction in the Schwartz to Knight memorandum, yes; there would have been a lookout card on Oswald.
Mr. Coleman. Mr. Chayes, assuming on June 25, 1963, a person in the Passport Office had examined all of the files that the State Department had on Oswald from 1959 through June 25, 1963, in your opinion could the Department have refused Oswald a passport based upon section 51.136 of the regulation?