TESTIMONY OF VIRGINIA H. JAMES

The testimony of Virginia H. James was taken at 2:15 p.m., on June

17, 1964, at 200 Maryland Avenue NE., Washington, D.C., by Messrs.

William T. Coleman, Jr., and W. David Slawson, assistant counsel of the

President's Commission. Thomas Ehrlich, Special Assistant to the Legal

Adviser, Department of State, was present.

Mr. COLEMAN. Miss James, would you state your name for the record?

Miss JAMES. Virginia H. James.

Mr. COLEMAN. Do you mind raising your right hand?

Do you solemnly swear the testimony you are about to give is the truth,

the whole truth, and nothing but the truth, so help you God?

Miss JAMES. I do.

Mr. COLEMAN. Miss James, as you know, you are the International

Relations Officer, Office of Soviet Affairs, in the Department of

State. You will be asked to testify about your actions with respect to

Oswald concerning his attempt to return to the United States commencing

in 1961, and his attempt to secure a visa for his wife, Marina.

You will also be questioned concerning your actions in connection with

obtaining a waiver of Section 243(g) of the Immigration and Nationality

Act for Marina, and what part, if any, you had in getting the Bureau

of Immigration and Naturalization to reverse its initial decision to

refuse such waiver. And I will also ask you a few questions on whether

you have any knowledge concerning actions taken by the Department in

1959 when Oswald first attempted to renounce his American citizenship.

Would you state for the record your present address?

Miss JAMES. 2501 Q Street NW.

Mr. COLEMAN. Are you presently employed by the Federal Government?

Miss JAMES. I am employed by the Department of State in the Office of

Soviet Union Affairs.

Mr. COLEMAN. What is your official title?

Miss JAMES. International Relations Officer.

Mr. COLEMAN. Did you occupy that position from 1959 through to date?

Miss JAMES. I did; and do still.

Mr. COLEMAN. I have shown you, and I take it you are generally familiar

with, the resolution of Congress which was adopted by Congress in

connection with this Commission.

Miss JAMES. Yes.

Mr. COLEMAN. To the best of your present knowledge, Miss James, could

you tell me the first time you heard the name Oswald?

Miss JAMES. When I read a copy of the telegram from the American

Embassy at Moscow, dated, as I recall, October 30, 1959, saying that

Oswald had called at the Embassy and had attempted to renounce his

American citizenship.

Mr. COLEMAN. Would you accept my suggestion if I told you that that

telegram was dated October 31 rather than the 30th?

Miss JAMES. Yes.

Mr. COLEMAN. Why did you receive, obtain or see a copy of the telegram?

Miss JAMES. To begin with, it is my function in the Department of State

in the Office of Soviet Union Affairs, to handle matters relating to

visas, issuance of visas and passport matters from the political angle

only.

Mr. COLEMAN. For what area?

Miss JAMES. For the Office of Soviet Union Affairs, and it is part of

our responsibility to know what goes on in the American Embassy in

Moscow, and to see how it is handled in order that we can continue

our function of advising, helping and assisting so it is routine for

our office to get a copy of all these telegrams. Practically every

telegram that goes back and forth between the Embassy in Moscow and the

Department, both ways, comes through our office.

Mr. COLEMAN. What did you do after you received the telegram, or saw a

copy of the telegram?

Miss JAMES. I think we took no action at that time. We read it with

a great deal of interest, as we do all of this type of case of a

potential defector, and a person who is an American citizen who is

renouncing American citizenship is very unusual. I don't recall any

action except that I know it was a source, I mean the subject of

unhappy conversation in the office, to see this man carrying on this

type of action.

Mr. COLEMAN. You knew, didn't you, that within 2 or 3 days after the

telegram was received, that the State Department sent a reply to the

Embassy?

Miss JAMES. I must have seen it. I notice from the file copy I cleared

it, but I don't remember that exact telegram.

Mr. COLEMAN. I show you Commission Exhibit No. 916, which is a copy of

the telegram.

Miss JAMES. I recall this.

Mr. COLEMAN. You do recall it?

Miss JAMES. I do.

Mr. COLEMAN. Do you recall clearing the text of it?

Miss JAMES. I can't recall clearing the text of it, but I am perfectly

sure that it was a natural thing for me to clear the text.

Mr. COLEMAN. They normally would clear it with your office?

Miss JAMES. Yes.

Mr. COLEMAN. And so, therefore, when it is recorded in the lower

left-hand corner that it had been cleared with you, you have no doubt

of the accuracy of that statement?

Miss JAMES. I have no reason to doubt.

Mr. COLEMAN. The accuracy of that statement?

Miss JAMES. Because we, the Office of Soviet Union Affairs, try to get

all offices in the Department to clear everything that is going to

Moscow.

Mr. COLEMAN. After clearing the telegram, what was the next time that

you had anything to do with the name Oswald, to the best of your

knowledge?

Miss JAMES. As I recall, we had a copy of the report that came in from

the Embassy telling more in detail about his appearance at the Embassy,

and I also read it in the Washington papers.

Mr. COLEMAN. Could we mark as James Exhibit No. 1, and I show you--a

reference sheet from Bernice Waterman to EE:SOV, Virginia James, under

date of November 25, 1959, and I ask you do you remember seeing that

reference sheet?

(The document referred to was marked James Exhibit No. 1 for

identification.)

Miss JAMES. Yes; I remember seeing it in this form [pointing to

document in the file].

Mr. COLEMAN. That [James Exhibit No. 1] is a photostatic copy?

Miss JAMES. Yes; I mean the yellow [copy in the file] I recall.

Mr. COLEMAN. Do you know why you asked them to send you a copy of the

telegram of November 2?

Miss JAMES. Again, it is in accordance with my continuing

responsibility to follow these cases of visa and passport matters,

and the only way we can be informed is to have all the incoming and

outgoing correspondence.

Mr. COLEMAN. After you received that document which has been marked as

James Exhibit No. 1, did you receive other material from Miss Waterman

in connection with Oswald during the period November 2, 1959, to July

1961?

Miss JAMES. I don't recall having received anything from Miss Waterman,

but I am sure that we would have had copies of anything coming back and

forth, back from the Embassy on the case which we would have read.

Mr. COLEMAN. So, therefore, you would say that you or someone in your

office should have received in the normal course every Embassy Despatch

dealing with Oswald that went to the Department of State?

Miss JAMES. Routine. In fact, it would have been out of order if we

hadn't gotten it.

Mr. COLEMAN. Did you early in December 1959 draft a letter for Mr.

Davis' signature to Mr. Snyder dealing with the general question of how

he should handle people who want to renounce their citizenship in the

Soviet Union?

Miss JAMES. May I ask is that the letter in which we tried to give him

helpful advice in handling cases of people who tried to renounce?

Mr. COLEMAN. Yes.

Miss JAMES. Yes; and, as I recall--if it is the letter I think--it

included several paragraphs that had been contributed by Mr. Hickey in

the Passport Office. I am not sure that is the one. I would like to see

it, please.

Mr. COLEMAN. I show you a photostatic copy of a letter which has

already been marked Commission Exhibit No. 915. It is from Nathaniel

Davis to Richard E. Snyder, and it is under date of December 10, 1959,

and it is State Department File Document No. XIII-40. I ask you whether

you drafted that letter.

Miss JAMES. As I recall, I did. I am sure I did, in fact.

Mr. COLEMAN. You were replying to Mr. Snyder's letter to Mr. Boster,

under date of October 28, 1959, which has already been marked as

Commission Exhibit No. 914, is that correct?

Miss JAMES. As I read this letter, it didn't refer specifically to the

Oswald case.

Mr. COLEMAN. That is because the Oswald case hadn't yet occurred.

Miss JAMES. Yes; I mean the effect of renouncing. I mean it had no

relation; yes. He had called that in. Yes; I remember that. This isn't

the one, though. You just handed me one by Mr. Snyder to Mr. Davis.

Mr. COLEMAN. Yes.

Miss JAMES. Now, you asked me if I drafted it. I did draft it.

Mr. COLEMAN. Miss James, I take it that after you drafted the letter of

December 10, Commission Exhibit No. 915, that from that time until some

time in July 1961 that you had no knowledge of any actions with respect

to Oswald.

Miss JAMES. As I recall, I did not, unless, as I say, there had been

something in from Moscow in the ordinary routine way it would have gone

across my desk.

Mr. COLEMAN. On July 11, 1961, or shortly thereafter, perhaps on July

12, the State Department received a Foreign Service Despatch dated July

11, 1961, from the American Embassy in Moscow, which has already been

marked as Commission Exhibit No. 935. I show you a photostatic copy

of Commission Exhibit No. 935 and ask you whether you have seen the

original or a copy of that document?

Miss JAMES. Yes; I recall this.

Mr. COLEMAN. Now, after you saw that, what did you do?

Miss JAMES. As I recall, at that time, in 1961, through that period

there were several persons in the Soviet Union who attempted or could

be placed in the category of defectors. Webster was one, these various

people that Mr. Snyder mentioned, and this was a very serious question.

We discussed these matters in our office, and so when we saw this,

we immediately were interested in it, and the most important thing

to our mind was what answer is going to be made to it. So I think I

called Miss Waterman and wanted to know what the Passport Office, what

action they were going to take on the letter, and told her that SOV was

interested and we wanted to clear it, as I recall.

Mr. COLEMAN. Did you speak first to Mr. Boster about it?

Miss JAMES. Yes; I would have talked to Mr. Boster about this. He was

interested in it.

Mr. COLEMAN. Who is he?

Miss JAMES. He was officer in charge of our office at that time.

Mr. COLEMAN. Was he your superior?

Miss JAMES. Yes.

Mr. COLEMAN. What did you tell Miss Waterman?

Miss JAMES. As I recall, I would not have made any policy, any effort

to judge what they would do, but I would only say we want to know what

action you are going to take. That is the way I recall that I would

handle it.

Mr. COLEMAN. Did you say that the Passport Office was the only office

of the State Department whose communications to Moscow are not cleared

in the SOV?

Miss JAMES. Miss Waterman says I did, and I wouldn't be surprised if I

had said it. I know we all felt many times that we would like to have

had more of the communications cleared with us, and I have no doubt

that I must have said it if she said I did.

Mr. COLEMAN. Do you recall her replying that she had never heard

that----

Miss JAMES. Yes; I do remember at one time she said she didn't recall

that this was a necessity, that they had to clear everything with us.

Mr. COLEMAN. But she did tell you that she would put a memorandum in

the file to show that there was a special interest of the SOV in the

reply to the Embassy Despatch of July 11?

Miss JAMES. Yes.

Mr. COLEMAN. What was the special interest of the SOV?

Miss JAMES. Again, it is the same interest I outlined before, which

is our responsibility of advising and knowing what is going on in the

Embassy in Moscow. We are the political office. We are responsible for

the Embassy, and we work together very closely, and we want to be sure

that what they send in is answered, how it is answered, and it is our

routine way of working to be sure that any despatch is answered, and

especially one of this type where we are interested in the case because

of the nature of the case.

Mr. COLEMAN. I show you an operations memorandum from the Department of

State to the American Embassy in Moscow, dated August 18, 1961, which

has already been marked as Commission Exhibit No. 939, and I ask you

if you saw a copy of that memorandum at or around the time when it was

sent, namely in August 1961?

Miss JAMES. My reply is we should have seen it, but whether we did or

not I don't think we did according to this file.

Mr. COLEMAN. You are saying there is nothing on the file which

indicates that you got a copy.

Miss JAMES. Nothing on the file that indicates we had it.

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