TESTIMONY OF LOUIS D. MILLER

The testimony of Louis D. Miller was taken at 3:55 p.m., on March 24,

1964, in the office of the U.S. attorney, 301 Post Office Building,

Bryan and Ervay Streets, Dallas, Tex., by Mr. Burt W. Griffin,

assistant counsel of the President's Commission.

Mr. GRIFFIN. I will swear you in, Mr. Miller.

Mr. MILLER. Before we do that, what are we doing here?

Mr. GRIFFIN. We are taking your deposition.

Mr. MILLER. I'd like to understand what we are doing here first.

Mr. GRIFFIN. Well, all right. I'll be happy to explain it to you. First

of all so that we can get the record straight, my name is Burt Griffin,

and I am a member of the advisory staff of the general counsel of the

President's Commission to investigate the assassination of President

Kennedy. And the Commission has been appointed under Executive Order

11130, issued November 29, 1963, by President Johnson, under joint

resolution of Congress No. 137, to investigate the facts surrounding

the assassination of President Kennedy and the subsequent violent death

of Lee Harvey Oswald, and the other circumstances that were attendant

on these two offenses. Now, I have been authorized, under the rules

of the Commission, to take your sworn deposition, and Chief Curry has

a copy of that authorization. I will be happy to show it to you if

you care to see it. Our particular interest in your testimony is to

determine what facts you know about the death of Lee Harvey Oswald,

but also to determine any other pertinent facts that you may know about

the general inquiry which the Commission is authorized to go into. Now,

you are here today because we have made a request from the General

Counsel on the Commission staff, and pursuant to the rules adopted by

the Commission, and we have made the request to Chief Curry. Now, you

are entitled to a 3-day written notice prior to having this deposition

taken, and if you would like that we would be happy to do that. We had

presumed that probably the police officers would prefer to have the

notice waived. You are also entitled to have an attorney present during

this interrogation. Now, I have no objection in any way you want to

handle this. I want you to be perfectly frank in telling us, because we

have gone ahead, as I said, simply on the assumption that you probably

would prefer to waive these matters, but if you would like to have

the written notice and would like to have a copy of the authorizing

resolution, or would like to have an attorney present during this

deposition we would be happy----

Mr. MILLER. No; I just want to understand what is going on.

Mr. GRIFFIN. Well, do you have any question that you want to ask me

about it? I have given you a general statement here.

Mr. MILLER. What will this deposition be used for?

Mr. GRIFFIN. Well, this deposition will be made a part of the

Commission's files. It will not be turned over to any member of the

police department. These files will remain in the possession of the

Commission, and on the basis of all of the investigation which we are

conducting here, why, there will be a report written. Now, I can't tell

you what is going to happen to the files after--and that means this

deposition--after the Commission issues its report. I would like to be

able to give you the assurance that it will be impossible for anybody

to ever see this deposition. I can't, in honesty, tell you that,

because I don't know that that is true. On the other hand, I don't know

that it is not true, but basically, it will be used to write a report,

and your testimony that you would give would be one of probably close

to 250, maybe 500 depositions that are going to be taken during this

period. I think 500 might be a pretty fair estimate, together with

thousands, and probably approaching ten thousand pages of investigative

reports and other documents also in addition to all these investigative

reports. That is where it is all going to wind up. But, I can assure

you of this: That no copies of this are going to be turned over to any

member of the police department or any official of the State of Texas

as such. Now, whether or not the thing will be accessible because they

are all deposited in the archives, and years from now somebody could go

and look at them, I don't know the answers to that.

Mr. MILLER. Well, is what you want from me a statement of what happened

down there? Is that what you are getting at?

Mr. GRIFFIN. Yes; but let me tell you this, too, that if you feel that

you would prefer to talk about this thing off the record and that you

think you would have important information to give us that you prefer

to be kept--to have some assurances that your confidences would be kept

completely, I would be happy to defer this deposition and do it in such

a way that no one would know the reason for it, and I would check with

our people in Washington to see if there weren't some arrangements

which could be made for it, because we are most concerned with getting

the truth, and as much information--I wasn't suggesting that you

wouldn't tell the truth, that we all know, and I would appreciate if

there were better circumstances under which we could do this. I would

inquire into it and I would make this a matter of complete confidence

between us.

Mr. MILLER. Well, there is nothing that I know that possibly a hundred

other people don't know, so, that part don't bother me, but I don't

understand coming down and giving a statement, that I am supposed to

stand, and swearing, and all that part of it.

Mr. GRIFFIN. Well, this is just as--I am sure you have testified before

grand juries.

Mr. MILLER. I sure have.

Mr. GRIFFIN. Of course, you have been sworn when you testified there.

Only they don't have a court reporter in the grand jury. I don't know

about Texas, but in Ohio we don't have a court reporter present. I do

have the feeling in talking to you that maybe you would like to do this

under some other circumstances, and I would be happy to explore this.

Mr. MILLER. I understand that you want a statement from me.

Mr. GRIFFIN. Well, I am going to examine you.

Mr. MILLER. And I'll be more than glad to tell anything I know about

it, but I don't understand swearing in. This is not a court.

Mr. GRIFFIN. Not a court in the sense that anybody is on trial, but it

is a--let me explain this to you, that we have authority to administer

the oath, and we have authority to punish for all consequences in

violation of the oath. The contempt provision of the Federal Code

applies to this proceeding. We also have authority--I don't have this

authority personally, but there is a provision granted that we can

grant immunity from prosecution. If you feel that there will be some

evidence that you wouldn't want to give for one reason or another, we

have authority to grant immunity from prosecution. I don't have that

authority here, but--and I do want to make it clear that you can have

a right to have an attorney present, and many of the witnesses do

have attorneys. Now, on the other extreme, if you would like to have

a public hearing, we will open the hearing up to the public, but we

haven't done it as a matter of routine except upon request, because we

thought that most people prefer not to have it conducted in public, but

that has been done, and we can do that.

Mr. MILLER. I still don't understand the reason of it. Are you going to

use this thing to try to prosecute me?

Mr. GRIFFIN. No.

Mr. MILLER. What are you going to use it for?

Mr. GRIFFIN. We have no authority to prosecute anyone except for

perjury before the Commission. Now, we--our instructions are--let me

get a copy of the resolutions. Let me suggest that we handle it this

way. I have got a copy here of the resolutions, Executive order signed

by President Johnson, and the joint resolutions of Congress. The rules

of the Commission and a memorandum dated March 20, 1964, from Mr.

Rankin, who is the General Counsel of the Commission authorizing Mr.

Hubert and me to administer your oath and take your deposition. Now,

I think that what I prefer to do here so that you can be sure what

you want to do, and I don't want to put you under any pressure. Now,

I would like to give you this and have you try to find another room

out here and look at this, and read it over, and think about this and

ponder it as long as you want, and I want to give you assurance that

I am going to call another--I am going to call Officer Montgomery in

here and proceed with him. I am not going to tell him that I have not

completed your deposition or anything like that. I want to be sure that

as far as anybody is concerned whatsoever, what has transpired here is

completely routine so that any decision you make, I can give you as

much assurance as possible----

Mr. MILLER. All I wanted to know is the purpose of the thing.

Warren Commission (12 of 26): Hearings Vol. XII (of 15) · 第 278 / 425 题