Mr. COLEMAN. As assistant to Mr. Johnson----

Mr. SEELEY. Yes.

Mr. COLEMAN. What are your duties?

Mr. SEELEY. My duties are mainly supervisory and to review material

that has been prepared in the Passport Office Legal Division, and on

some occasions to clear information or material that has been prepared

in other divisions of the Passport Office.

Mr. COLEMAN. I take it you are a lawyer?

Mr. SEELEY. Yes, sir; I am.

Mr. COLEMAN. Are you a member of the Bar?

Mr. SEELEY. Yes, sir; I am.

Mr. COLEMAN. Of what State or States?

Mr. SEELEY. I am a member of the Bar of the District of Columbia.

Mr. COLEMAN. How long have you been with the Department of State?

Mr. SEELEY. I have been with the Department of State since 1954.

Mr. COLEMAN. Could you tell me the first time you heard, read or saw

the name Lee Harvey Oswald?

Mr. SEELEY. Well, Mr. Coleman, I don't have an independent recollection

of that. I feel that probably the name first appears in the file on

March 28, 1961.

Mr. COLEMAN. So, therefore, by consulting the file, to refresh your

recollection, you think that the first time you heard or saw the name

Lee Harvey Oswald was in March 1961?

Mr. SEELEY. It is possible, it may have been that I had heard of it

before, though, because he did have some publicity, and I usually

follow those items, but I don't have any recollection of it.

Mr. COLEMAN. What happened in March 1961, that occasioned your knowing

or hearing the name Lee Harvey Oswald?

Mr. SEELEY. May I look at the file?

Mr. COLEMAN. Certainly.

I take it, sir, you are looking at the file which is the file of the

passport--the original passport file of the State Department.

Mr. SEELEY. Yes, sir.

Mr. COLEMAN. That is the file that has been given State Department file

No. X, is that correct?

Mr. SEELEY. Yes, sir.

The first time my name appears in the file is on a form DS-10, which is

a reference slip, and it is addressed to Mr. Cacciatore in PT-F, and to

Mr. Seeley, in PT-LS.

It requests to know insofar as I am concerned, should instruction be

classified confidential.

Mr. COLEMAN. Sir, I will mark for the purposes of this deposition a

document as S-1, meaning Seeley Exhibit No. 1, which is the State

Department document which already has been marked by the State

Department as X-45.

Mr. SEELEY. Yes, sir.

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

identification.)

Mr. COLEMAN. Who is the reference slip dated March 28, 1961, from?

Mr. SEELEY. Mr. Kupiec.

Mr. COLEMAN. To two persons, and you are one of the two persons, Mr.

Seeley, is that correct?

Mr. SEELEY. Yes, sir.

Mr. COLEMAN. I show you the document which has been marked as S-1 and

ask you is that a copy of the document you referred to?

Mr. SEELEY. Yes, sir.

Mr. COLEMAN. I take it that you got this because someone asked whether

the instructions should be classified as confidential.

Mr. SEELEY. Yes, sir. I don't have an independent recollection of this,

but I assume that it is referring to this instruction which is State

Department's document X-47, which had been classified as Official Only.

Mr. COLEMAN. Sir, I show you a document which has already been marked

as Commission Exhibit No. 969, and ask you whether these were the

instructions that were attached to S-1.

Mr. SEELEY. So far as I am able to determine, I don't have an

independent recollection, but looking at the formation of the file and

the fact that this was not sent, and I know that there was another one

that was sent, I believe it is the same document.

Mr. COLEMAN. And you were asked as to whether it should be classified

as confidential?

Mr. SEELEY. Yes, sir.

Mr. COLEMAN. What, if anything, did you do?

Mr. SEELEY. I don't know. I have no recollection of what action I took

on that particular aspect of it.

Mr. COLEMAN. You don't recall ever talking to Miss Waterman or anyone

else in the Department as to what form the proposed instruction should

take?

Mr. SEELEY. No. I don't know whether I even know Miss Waterman. I

know Mr. Kupiec, and I probably know Miss Waterman, but I don't have

recollection of what she looks like.

Mr. COLEMAN. Did you ever discuss with Mr. Kupiec as to what form the

instruction should take?

Mr. SEELEY. No, sir. This instruction was drafted by Miss Waterman,

and it was sent up for clearance to PTL, Mr. Johnson. I presume that

when it went to either Mr. Cacciatore or Mr. Kupiec, I put my name on

for the clearance procedure, in particular with regard to whether the

thing should have been classified, have a higher classification than it

did.

Mr. COLEMAN. You don't have any independent recollection of discussing

Oswald?

Mr. SEELEY. No, sir.

Mr. COLEMAN. Or whether the instruction should have been in a different

form?

Mr. SEELEY. No, sir; I do not.

Mr. COLEMAN. Could you tell me the next occasion where you had anything

to do with Oswald, or the file?

Mr. SEELEY. The next occasion, I think, relates to document X-43.

Mr. COLEMAN. I would like to mark as S-2 a memorandum from Robert D.

Johnson to Mr. John T. White, under date of March 31, 1961, which in

the State Department files has been marked as X-43.

(The document referred to was marked Seeley Exhibit No. 2 for

identification.)

Mr. COLEMAN. Is that the document referred to?

Mr. SEELEY. Yes, sir; it is.

Mr. COLEMAN. Now, sir, did you draft S-2?

Mr. SEELEY. Yes, sir; I did.

Mr. COLEMAN. Can you tell me the circumstances surrounding your

drafting S-2?

Mr. SEELEY. This particular item I do have a recollection of because

there was a discussion between Mr. Johnson and myself concerning the

propriety of sending the passport through the mail as had been proposed.

Mr. COLEMAN. What was that discussion?

Mr. SEELEY. We were opposed to this action on several grounds.

Mr. COLEMAN. What were they?

Mr. SEELEY. One was the fact that I think we already had information

that Mrs. Oswald, the mother, had not been able to get in touch with

her son.

Mr. COLEMAN. You are talking about Oswald's mother?

Mr. SEELEY. The mother; yes. And we felt that the mails shouldn't be

trusted for a U.S. passport which we know has a value outside the

United States.

Mr. COLEMAN. Now, you also indicated in the memorandum that, "We should

not be bound by the opinion he expressed in paragraph 2 of his letter

set out in Moscow Despatch No. 985 of February 28, 1961."

Mr. SEELEY. May I get that? It is No. 585. The paragraph that we are

referring to reads: "I desire to return to the United States, that is

if we could come to some agreement concerning the dropping of any legal

proceedings against me. If so, then I would be free to ask the Russian

authorities to allow me to leave. If I could show them my American

passport, I am of the opinion they would give me an exit visa."

The item in the memorandum concerns itself mainly with his request for

agreement concerning the dropping of any legal proceedings against him.

Mr. COLEMAN. You indicated that the Department ought not to give such

agreement.

Mr. SEELEY. Yes.

Mr. COLEMAN. Did you have any discussions with Mr. Johnson with respect

to this March 31, 1961, memorandum?

Mr. SEELEY. Yes, sir. I don't have a complete recollection of it, but

I do know that I did discuss this particular item, particularly the

mailing of the passport, with Mr. Johnson.

Mr. COLEMAN. And do you recall what Mr. Johnson said?

Mr. SEELEY. I think Mr. Johnson was the one that instructed me to draft

this so that we would not send this through the mail, so that the

passport would not be sent through the mail.

Mr. COLEMAN. After the memorandum of March 31, 1961, and this

discussion you had with Mr. Johnson, what did you do?

Mr. SEELEY. I am sorry?

Mr. COLEMAN. Did you draft the instructions in the form that they

actually went forward?

Mr. SEELEY. No, sir.

Mr. COLEMAN. Did you have anything to do with that?

Mr. SEELEY. No, sir; except I think there is a clearance, but I am not

sure about that. I think we cleared it.

Mr. COLEMAN. And the instructions that actually went forward did

indicate that they ought not to return the passport by mail?

Mr. SEELEY. Yes, sir.

Mr. COLEMAN. What was the date of that instruction?

Mr. SEELEY. The instruction that went forward?

Mr. COLEMAN. Yes.

Mr. SEELEY. That was AE-173, of April 13, 1961. It is Department X-38.

Mr. COLEMAN. Will the record show that that document has already been

marked as Commission Exhibit No. 971 before the Commission. You say

that you read Commission Exhibit No. 971 and cleared it before it went

forward?

Mr. SEELEY. Yes, sir.

Mr. COLEMAN. Exhibit No. 971 which you referred to as X-38 shows on the

left-hand side that there is a notation that a copy of the instructions

was sent to the CIA.

Mr. SEELEY. Was furnished to the CIA.

Mr. COLEMAN. Was that done at the same time the instructions went

forward?

Mr. SEELEY. No, sir.

Mr. COLEMAN. Did you have anything to do with sending it to the CIA?

Mr. SEELEY. I don't have a recollection on this. I would imagine what

happened is that there was a request by the CIA for a copy of this, and

that I authorized them to be furnished a copy on October 5, 1961.

Mr. COLEMAN. I take it you actually read the instructions which went

forward on April 13, 1961.

Mr. SEELEY. Yes, sir. My initials are at the bottom.

Mr. COLEMAN. The fact that your initials are at the bottom indicates

that you approved them?

Mr. SEELEY. Yes, sir.

Mr. COLEMAN. What was the next occasion on which you had anything to do

with the Oswald file or heard the name Oswald?

Mr. SEELEY. I will have to check the file. The next occasion where the

record shows that I had something to do with the Oswald file concerns

Item X-31. It is a Department of State instruction, W-7, dated July

11, 1961, drafted by Mrs. Waterman, and I cleared this particular

instruction.

Mr. COLEMAN. Can we note for the record that that instruction has

already been marked as Commission Exhibit No. 975?

Mr. SEELEY. Yes, sir.

Mr. COLEMAN. You cleared those instructions prior to the time you

received word from Mr. Snyder in the Embassy in Moscow that Oswald had

appeared at the Embassy on July 8, 10, or 11?

Mr. SEELEY. Of 1961?

Mr. COLEMAN. 1961.

Mr. SEELEY. Yes, sir; that is true. I wasn't sure of the time element

in there, but that is true. This went out the same day, apparently,

that the instruction was drafted and was sent in, or the despatch was

drafted and sent in.

Mr. COLEMAN. So, therefore, you took that action or you approved that

action prior to the time that you knew that Oswald had appeared at the

Embassy in Moscow?

Mr. SEELEY. Yes, sir.

Mr. COLEMAN. Is it a fair reading of the July 11, 1961, instructions

which you approved, that you indicated that Oswald could be given back

his passport?

Mr. SEELEY. No, sir; I don't think so. I call your attention to

paragraph 5 of the despatch; "It is noted that the Embassy intends

to seek the Department's prior advice before granting Mr. Oswald

documentation as a United States citizen upon any application he may

submit."

Mr. COLEMAN. So, therefore, as of this time it was still open as far as

the Department was concerned in Washington whether Oswald had renounced

his citizenship and was entitled to a passport?

Mr. SEELEY. Yes, sir. I don't think that the adjudicative proceeding

had been completed.

Mr. COLEMAN. When was the adjudicative process completed so far as you

were concerned, that the Passport Office in Washington determined that

in its opinion, that Mr. Oswald was still a citizen?

Mr. SEELEY. I would say that the operations memorandum of August 18,

1961, from the Department of State to the American Embassy in Moscow

which refers to the Embassy Despatch No. 29, the passport renewal

application and the questionnaire.

Mr. COLEMAN. You would say that as of that date the Passport Office

determined that Oswald was still a citizen?

Mr. SEELEY. I would say at that date that we concurred in the

conclusion of the Embassy that he had not expatriated--that we had no

information or evidence that he had expatriated himself.

Mr. COLEMAN. Did you have anything to do with this decision?

Mr. SEELEY. Not the citizenship decision; no, sir. I had nothing to do

with that.

Mr. COLEMAN. You weren't consulted prior to the time the decision was

made?

Mr. SEELEY. No, sir.

Mr. COLEMAN. Did you approve the operations memorandum of August 18?

Mr. SEELEY. Yes, sir.

Mr. COLEMAN. 1961; before it was sent forward?

Mr. SEELEY. Yes, sir; I did. My initials are at the bottom there.

Mr. COLEMAN. If you had disapproved it, at least there would have been

further discussion?

Mr. SEELEY. Yes, sir; there would have been.

Mr. COLEMAN. So, to that extent, you did have something to do with the

decision?

Mr. SEELEY. Well, to that extent, there was no consultation. This

was sent up for clearance, and insofar as the citizenship angle was

concerned, I agreed with what they had done.

Mr. COLEMAN. Did you call for and look at the file prior to the time

you initialed the operations memorandum of August 18, 1961?

Mr. SEELEY. I would presume that I had the whole file. Mr. Ehrlich has

suggested that I mention that I was not in the citizenship area at the

time that I put my concurrence on this operations memorandum, and I was

looking at it only from the aspect of my own area.

Mr. COLEMAN. What was your area?

Mr. SEELEY. I was in the Security Branch. I was Chief of the Security

Branch of the Legal Division.

Mr. COLEMAN. What did you have to do with the decision?

Mr. SEELEY. In this particular case if you had objected, I am sure that

there would have been further discussion on this particular case.

Mr. COLEMAN. Could we mark as Seeley Exhibit No. 3--instead of "S"

I think we had better call these Seeley exhibits, the operations

memorandum dated August 18, 1961, from the Department of State to the

American Embassy.

Mr. SEELEY. Fine, sir.

(The document referred to was marked Seeley Exhibit No. 3 for

identification.)

Mr. COLEMAN. That is the document that you referred to as X-27, is that

correct?

Mr. SEELEY. X-27, that is correct.

Mr. COLEMAN. If you had felt that there was evidence in the file that

Oswald had renounced his citizenship, I take it you would not have

approved this memorandum, is that correct?

Mr. SEELEY. No, sir; I would not have.

Mr. COLEMAN. You would not have approved it?

Mr. SEELEY. No, sir; I would not have approved it.

Mr. COLEMAN. There would have been further discussions?

Mr. SEELEY. Yes, sir.

Mr. COLEMAN. So, therefore, as far as you were concerned in reviewing

the file and what you knew and looking over it, what Miss Waterman had

said and what Mr. Snyder had said, that your decision was that you saw

no reason why you would disagree with the decision?

Mr. SEELEY. I was in complete agreement with the decision.

Mr. COLEMAN. After you concurred in the operations memorandum of

August 18, 1961, what was the next occasion on which you had anything

to do with the Oswald file?

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