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Post by Herbert Blenner on Jan 15, 2019 13:08:09 GMT -5
Gurvich Maneuverby Herbert Blenner | Posted October 27, 2000
William Gurvich was a private investigator who volunteered to work for District Attorney Jim Garrison as a $1-a-year assistant.
After a few months, William Gurvich claimed he became disillusioned with Jim Garrison's investigation.
Gurvich contended that Jim Garrison was unjustly hounding the innocent and employing unethical tactics. If this were true, William Gurvich was in a singularly unique position to protect the innocent and expose the unethical practices of Jim Garrison.
As a member the prosecution, William Gurvich had access to the evidence. He was ethically and legally bound to supply the defense with all favorable evidence. After Garrison restricted Gurvich's access to the most sensitive files, he was still able to inform the Court if the prosecution withheld favorable evidence from the defense.
Withholding favorable evidence from the defense is a serious error in any criminal trial. Court's are inclined to grant a "Motion to set aside" a guilty verdict when the prosecution withholds even some favorable evidence. If the trail Court does not set aside the conviction then reversal by an Appeals Court is almost certain.
William Gurvich could have brought his complaint against Garrison to the Governor of the State of Louisiana. Governor Edwards had the Constitutional duty to hear charges of misconduct or illegality and if necessary to remove Jim Garrison from office by trial. Alternatively Gurvich had the right to petition the Legislature of the State of Louisiana to impeach Garrison.
During one weekend in late March or early April of 1967, Gurvich left Louisiana with a copy of Garrison's master file. William Gurvich crossed many state lines in his journeys to Washington and New York where he discussed the Garrison case with officials of NBC and Newsweek.
Gurvich was aware of the intention of NBC to broadcast a special program on the Garrison investigation. William also knew of the plans of Newsweek to publish a highly prejudicious article on Garrison. Likewise, NBC and Newsweek knew that their information was based on confidential files from a pending prosecution.
Normally, William Gurvich and officials of NBC and Newsweek would have dreaded prosecution for obstruction of justice and conspiracy. However, Gurvich, NBC, and Newsweek understood they were participants in a larger campaign to undermine the Garrison investigation. They were on the same side as the Attorney General and The Department of Justice and had nothing to fear.
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Post by Herbert Blenner on Jan 15, 2019 13:08:43 GMT -5
Garrison Operation by Herbert Blenner | Posted November 11, 2000
Garrison played a disinformation role. Garrisons' first victory was in enticing Mark Lane away from the progressive community of New York City. This delayed an investigation of the New York City Oswalds. By the time they completed their investigation we heard Garrison's story. This circumstance made release of the New York City study unwise.
In remarks to reporters following his senate confirmation hearing, Ramsey Clark said "He [Mr. Shaw] was involved in an F.B.I. investigation in the New Orleans area in November and December, 1963. We have the evidence that's there involved, and you can assume that their [the F.B.I.'s] conclusions were from the Warren Commission Report." (1) This statement probably was intended to convey the message that the Garrison investigation should be confounded. And that's exactly what they did. The press pointed out that Mr. Clark's statement hinged on the identity of Claw Shaw with Clay Bertrand. This superposition was confirmed by a Justice Department official who said Mr. Bertrand and Mr. Clay were the same man.
Months later, the Department of Justice skillfully retracted their earlier statement and left the damage to Garrison's investigation intact.
The American Civil Liberties Union of Louisiana criticized Jim Garrison (2) for attempting to convict people in the press. Specifically, the Louisiana A.C.L.U. scored Garrison for allowing the media to see witnesses called by the grand jury.
Traditionally, District Attorneys conceal grand jury witnesses from public view. However, prosecutors have the prerogative to use witness exposure as an investigative lever. In any event, the conduct of grand jury investigations falls under the jurisdiction of the courts.
The A.C.L.U. of Louisiana concluded by admonishing Mr. Garrison for not trying to make his case as valid as possible. Ironically, this warning came four days after the incoming Attorney General and The Department of Justice fired their opening shots in the campaign to distract the District Attorney.
Sol Dann was a member of the legal team that successfully fought the conviction of Jack Ruby. He asked the American and Louisiana bar associations to consider disbarring Jim Garrison. (3) Mr. Dann based his request on Garrison's challenge of the Warren Commission without having new evidence.
Mr. Dann's requests to the bar had little, if any, merit and ran contrary to standing procedure. If Mr. Dann had a case, he would have brought his complaints before the disciplinary committees charging specific unethical or illegal acts by Jim Garrison. Surely, Mr. Dann as a lawyer knew this.
In his letter, Mr. Dann expanded his attack by requesting Draconian measures against judges and lawyers involved in proceedings concerning to the assassination. These measures included investigation of lawyers who wrote books on their involvement in assassination related proceedings.
Apparently the purpose of Mr. Dann's letters was to use the press to defame the assassination research community.
On June 23, 1967, The New York Times reported The Metropolitan Crime Commission requested the Louisiana State Attorney General to investigate Jim Garrison. (6)
As a private organization the Metropolitan Crime Commission, M.C.C., had a Constitutional right to petition their government. The M.C.C. listed their grievances against Jim Garrison and his staff. As a citizen corporation, the M.C.C. was under no obligation to base their complaint on new evidence. They supported their charges with gossip. We heard them say, on a nationally televised prime-time program, that Jim Garrison did terrible things. That was the essence of the M.C.C petition.
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Post by Herbert Blenner on Jan 15, 2019 13:09:29 GMT -5
References
1. The New York Times, "Clark Discounts a Shaw Conspiracy," March 3, 1967, pg. 22 Washington, March 2 -
Acting Attorney General Ramsey Clark said today, that on the basis of inquiries by the Federal Bureau of Investigation, there appeared to be "no connection" between Claw L. Shaw and the assassination of President Kennedy.
Mr. Clark made the statement to newsmen in a corridor of a Senate office building moments after the Senate Judiciary Committee unanimously approved his nomination as Attorney General.
Mr. Shaw, a New Orleans businessman who is retired director of the International Trade Mart in New Orleans, was arrested yesterday in connection with the investigation of the Kennedy assassination being conducted by the New Orleans district attorney, Jim Garrison.
When Mr. Garrison announced the arrest, the first in his five-month investigation of the assassination, he said that Mr. Shaw would be charged with "participation in a conspiracy to murder John F. Kennedy."
Reply from Clark.
This morning, when asked whether he had any information regarding Mr. Shaw, Mr. Clark replied: "He was involved in an F.B.I. investigation in the New Orleans area in November and December, 1963. We have the evidence that's there involved, and you can assume that their [the F.B.I's] conclusions were from the Warren Commission Report."
The Warren Commission Report did not mention Mr. Shaw's name once in 29 volumes. Presumably , Mr. Clark meant to convey by his remark that the F.B.I. and the commission did not think the evidence gathered on Mr. Shaw worthy of inclusion.
Says F. B. I. Checked Shaw
Asked directly whether there was any connection between Mr. Shaw and the assassination, Mr. Clark replied:
"On the evidence that the F.B.I. had, there was no connection found."
"He was checked out and found clear, more or less?" Mr. Clark was asked.
"Yes that's right," he replied.
Mr. Clark's statement that the F.B.I. had conducted an investigation of Mr. Shaw caused however, a certain amount of bewilderment in some quarters here.
There is no record either in the Warren Commission Report or in documents relating to the assassination in the National Archives of an F.B.I. investigation of a man named Clay L. Shaw.
'No Comment' From F. B. I.
Moreover, usually well-informed Government sources, who asked not be identified, said that to the best of their knowledge the F.B.I. had not conducted an investigation of Clay L. Shaw. The F.B.I. itself maintained a complete official silence on the matter, and would offer only a terse "no comment" to any inquiries regarding the Shaw case.
The discrepancy between these accounts and Mr. Clark's statements this morning, however, may be more apparent than real.
An examination of papers in the archives, for example, shows that the F.B.I. did inquire into the activities of a man named "Clay Bertrand." Mr. Garrison says that "Clay Bertrand" was an alias used by Mr. Shaw. If this is so, and Clay Bertrand and Mr. Shaw are the same man, it is thought then that the bureau did indeed inquire into the activities of Mr. Shaw.
A Justice Department official said tonight that his agency was convinced that Mr. Bertrand and Mr. Shaw were the same man, and this was the basis for Mr. Clark's assertions this morning.
2. The New York Times, "Louisiana A.C.L.U. Scores Garrison," March 7, 1967, pg. 21 New Orleans, March 6 -
District Attorney Jim Garrison came under sharp criticism from the American Civil Liberties Union of Louisiana today as his office subpoenaed a new "witness" in its investigation into the assassination of President Kennedy.
The Civil Liberties Union accused Mr. Garrison, who was not available for comment, of turning his investigation into a "Roman circus" and attempting to convict people in the press rather than in a courtroom.
[Six paragraphs omitted.]
Mr. Garrison has occasionally attacked local reporters for interfering with an investigation that he says will prove that a plot led to the death of President Kennedy, but he has made no effort to conceal subpoenaed witnesses from public view.
He has a private elevator, once used to provide maximum secrecy for grand jury witnesses, which runs from a parking lot in the basement of the Criminal Court Building here into his office. However, the district attorney's office has not put the private elevator at the disposal of any of the five witnesses it has subpoenaed.
In its statement today, the Civil Liberties Union said it had criticized Mr. Garrison for attempting to try two defendants "in the press rather than in the courtroom."
"Since August" the Civil Liberties Union said, "Mr. Garrison has not changed his spots."
"Assuming that he [Mr. Garrison] has a genuine case against conspirators," the Liberties Union went on, "his present activity could quite possibly serve to protect those guilty of a conspiracy to assassinate President John F. Kennedy. "Under these circumstances it appears that Mr. Garrison should be making every effort to make his case as valid as possible, so that the accused conspirators might be brought to justice, rather than giving his role as publicist first priority."
3. The New York Times, "Garrison Witness Taken Into Custody," March 29, 1967, pg. 12 Omaha, March 28 (AP) -
The Omaha police took into custody late this afternoon Mrs. Lillie-Mae McMaines for New Orleans authorities. She is wanted there as a material witness in the investigation by District Attorney Jim Garrison into the assassination of President Kennedy.
Mr. Garrison has issued a warrant asking her return as a material witness. She was taken into custody by Omaha police on a local fugitive from justice warrant. Detective Inspector Anderesen said this was done under Nebraska's cooperation pact with other states.
Mrs. McMaines's bond was set at $1,000 and a preliminary hearing was set for April 25 in Municipal Court. Inspector Andersen said Mrs. McMaines could, if she desired, waive the hearing and go voluntarily to New Orleans. She has said she is willing to return there.
Mrs. McMaines, who said she was known as Sandra Moffett in New Orleans, became involved in the case when Perry Russo of New Orleans, a key witness in Mr. Garrison's case, said she attended a party at which there was talk of ways of killing President Kennedy. She said she did not attend the party.
4. The New York Times, Article with no title, March 29, 1967, Pg. 12 NEW ORLEANS, March 28 (UPI) -
Mark Lane, the author whose "Rush to Judgement" is a best seller, said tonight that Mr. Garrison would "startle" the nation when he presents his conspiracy case in court.
Mr. Lane made the statement in an interview on radio station WDSU's "Closeup" program following two days of conferences with Mr. Garrison.
5. The New York Times, "Bar Groups Asked To Oust Garrison," May 27, 1967, pg. 25 DETROIT, May 26 (AP) -
A lawyer for the late Jack Ruby asked the American and Louisiana bar associations today to consider disbarring New Orleans District Attorney Jim Garrison for "unwarranted and reckless attacks on the Warren Commission Report and its members."
Sol Dann of Detroit sent letters to the bar associations urging them to intervene in all proceedings concerning the assassination of President Kennedy, especially those Mr. Garrison is conducting.
As a result of Mr. Garrison's investigation, Claw Shaw, a New Orleans businessman, has been indicted for conspiracy to commit the murder of Mr. Kennedy. Mr. Shaw is free on $10,000 bond.
Mr. Dann became Ruby's lawyer after Ruby was convicted of killing Lee Harvey Oswald, the Presidential assassin. The conviction was overturned later in Texas courts, a change of venue was granted but then Ruby died of cancer before the new trial was held.
The Warren Commission concluded that Oswald, acting alone, had assassinated the President. It said it was unable to find any evidence of a conspiracy.
"This request is made to put an end to any further exploitation of this horrible tragedy and prevent a repetition of the carnival proceedings that prevailed before Judge [Joe B.] Brown in Dallas," Mr. Dann said.
His three-paragraph letter asked the bar groups not to limit their investigation to Mr. Garrison but to include investigation of any lawyer involved in any proceeding related to the assassination.
Mr. Dann told newsmen that this would include judges ruling on court matters stemming from the assassination and any lawyer who have written books about it.
"This fraud has gone on long enough," Mr. Dann said. "It would very much appear Mr. Garrison has improperly discharged his responsibilities.
"His actions appear irresponsible and not in keeping with his role as prosecutor, which is to protect the innocent as well as convict the guilty," Mr. Dann said.
He said he based his contention on the fact that Mr. Garrison had challenged Warren Commission findings without "coming forward with any new evidence or new information."
Asked about Mr. Garrison's statement that Ruby's unlisted Dallas telephone number , had been found, in code, in books owned by Mr. Shaw and Oswald, Mr. Dann dismissed the statement as mathematical trickery.
Mr. Garrison says the code involved interchanging several numbers.
"I never questioned Ruby with reference to Claw Shaw because I never knew about Mr. Shaw," Mr. Dann said. "But I did question him about Oswald, very extensively, and he never had any knowledge of Oswald prior to the assassination. (?) he had, I assure you, I would have withdrawn from the case," he said.
6. The New York Times, "Investigation of Garrison by Louisiana Is Urged," June 23, 1967, pg. 6 NEW ORLEANS, June 22 -
The Metropolitan Crime Commission of New Orleans called today for an investigation of the operations of District Attorney Jim Garrison.
The commission asked State Attorney General Jack Gremillion to request the deans of law schools in Louisiana and the heads of bar associations and civil groups to select three private lawyers as investigators for the project.
In an eight-page letter to the Attorney General, the Crime Commission said it had been contented that Mr. Garrison's investigation into the alleged conspiracy to kill President Kennedy "has included a series of attempts, by Garrison and members of his staff, to induce persons to give false testimony and/or to withhold pertinent facts, under promise of reward or threat of incrimination."
[Four paragraphs omitted.]
The crime commission's letter cited allegations made by several persons during the National Broadcasting Company's documentary "The J.F.K. Conspiracy: The Case of Jim Garrison" last Monday in which they were "pressured by Garrison's office to give false testimony."
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