Nothing of significance happened. We did find----

Mr. DULLES. May I ask is the passport office under you as Assistant

Secretary and Legal Adviser?

Mr. CHAYES. No, sir; the passport office is under Mr. Schwartz.

Mr. DULLES. Under Mr. Schwartz?

Mr. CHAYES. It is Bureau of Security and Consular Affairs.

Mr. DULLES. And he is directly under the Secretary of State.

Mr. CHAYES. Yes; he is Assistant Secretary. His chain of command goes

through the Deputy Under Secretary for Administration, but he like I

has the rank of Assistant Secretary and he operates a bureau just as I

do. The Legal Adviser's office is a separate bureau.

We did prepare a 10- or 12-page document by dawn the next day which in

fact is the basis of this report, the Commission Document No. 2.

Mr. COLEMAN. We will give that Commission Exhibit No. 950, your first

report.

Mr. CHAYES. The one we did overnight?

Mr. COLEMAN. No; the one that you sent us. It is Commission Exhibit No.

950. It has been given a number.

Mr. DULLES. I wonder if the witness would identify this and verify the

circumstances under which it was prepared?

Mr. CHAYES. This report, Commission Exhibit No. 950, is not the one

that we prepared overnight. This is the report we prepared for the

Department of Justice before the Commission was appointed when the

Department of Justice itself was looking into the matter.

What I say is that Commission Exhibit No. 950 is essentially an

expansion and elaboration of the document that we prepared that night.

Representative FORD. There have been fears expressed by some that

somehow we don't have before the Commission all of the documents

that are in the hands of the Department of State or any other agency

pertaining to Oswald. You can only testify as to the Department of

State. Do you testify that we have been given everything that was at

any time in the files of Lee Harvey Oswald?

Mr. CHAYES. To my knowledge that is the case. However, let me say again

what I said at the beginning of the testimony. We have constantly and

persistently gone around to all the places in the Department, and that

has been done under my supervision, and we have made very aggressive

efforts to assure that every office or subdivision of the Department

that might have documents pertaining to Oswald should give them to the

Commission, through me to the Commission.

I think there was one stage where perhaps that wasn't understood, but

we got that corrected. Then later on, as I say, there was the Moscow

Embassy just sent us a whole load of documents. They said "We think you

have got duplicates of all of these so we didn't send them in earlier"

and it turned out that some of them we didn't have duplicates of. I

now think--as I say, it is very hard to prove a negative, but we have

made all the efforts that I think are humanly possible to get these

documents out of the files, and I think you have them all, with the

exception of some documents originating in other agencies where by

arrangement with the staff they are getting those documents from the

originating agency.

Mr. COLEMAN. Mr. Chayes, at this point could we mark as Commission

Exhibit No. 956, a letter from you to Mr. Rankin under date of May

28, 1964, in which you sent us a complete copy of the files, and in

which you numbered each one of the files from file I through XII,

and then within each file, each document was numbered and there was

also indicated the number of pages which would be in each particular

document? Will you identify that?

(Commission Exhibit No. 956 was marked for identification and received

in evidence.)

Mr. CHAYES. Yes; we sent that letter, a copy of which is Commission

Exhibit No. 956, in response to the request of the staff in order that

we would be able exactly to answer this kind of question.

I should add that I think we sent some additional documents since then,

those that came back from Moscow in response to our last request.

Mr. COLEMAN. I would next like to mark as Commission Exhibit No. 954,

a letter from Mr. Chayes to Mr. Rankin under date of June 4, 1964, in

which you sent us the file which you recently received from the Moscow

Embassy and indicated that that file would be marked file XIII.

(Commission Exhibit No. 954 was marked for identification and received

in evidence.)

Mr. CHAYES. Yes; that is the letter and it contains also the text of

the Moscow telegram explaining that they thought all the documents they

were pouching were duplicates.

Mr. COLEMAN. With the files you gave us or sent us along with

Commission Exhibits Nos. 956 and 954, as far as you know you have sent

the Commission every file which the State Department has, referring to

Oswald?

Mr. CHAYES. That is correct.

Mr. DULLES. Were you in general charge, under the Secretary, of

the correspondence which has been carried on with the Soviet Union

inquiring as to Oswald and to obtain such information as we could from

the Soviet Union with respect to the Oswald case?

Mr. CHAYES. Well, I talked with the Secretary about the Commission's

interest in making an approach to the Soviet Union, and then he made

the decision that the Department was willing to proceed with that

approach. I participated in the drafting of the documents, and I

participated in the transmissions to the Commission. But the approach

was made by the Secretary himself, and I did not observe the approach.

Mr. DULLES. Was that made orally as well as in writing or should we ask

that of the Secretary of State?

Mr. CHAYES. You can ask it of the Secretary and I think you would get

a fuller answer from him, but he did make an oral presentation at the

time that he handed the note, and the Chief Justice's letter, to the

Russian Ambassador.

Mr. DULLES. In view of your knowledge of this situation, do you think

that we have got all we can get from the Soviet Union or is there any

other way in which we could get anything additional?

Mr. CHAYES. Well, I think probably, the best respondent to that

question would also be the Secretary. I think it probably has to be

recognized that the decision to give what documents were given was a

carefully considered decision, probably made at very high levels within

the Soviet Government, and not done lightly or without an examination

of alternatives, and therefore, it seems to me unlikely that one would

be able to change any such decision.

But again I say I am really not the best man to ask that.

Mr. COLEMAN. Mr. Chayes, just two other documents I would like you to

identify for the record. One is your letter of May 8, 1964, which has

been marked Commission Exhibit No. 948, which answers certain questions

directed to you by Mr. Rankin, and it is the document that you referred

to several times in your testimony.

Mr. CHAYES. Yes; this is my letter, Commission Exhibit No. 948. It

contains the answers to the questions which were in attachment B to

Mr. Rankin's letter, and concern essentially matters within the United

States and within the State Department here.

Mr. COLEMAN. Your answers to attachment A were in Commission Exhibit

No. 960. We have already identified that in the record.

Mr. CHAYES. Yes; that is correct. There was a delay between the two

letters because attachment A involved questions about activities in

Russia, and some questions about the Soviet Union, and although we

prepared the answers in the first instance in the United States in

the Department, we wanted to send the replies to the Soviet Union

for review by our Embassy there. And that accounted for the time

discrepancy in the answer to the two attachments.

Mr. COLEMAN. Then in the attachment A we also asked you a question in

reference to a memorandum from Mr. McVickar and you under date of April

24, 1964, sent us Mr. McVickar's memorandum which has been marked as

Commission Exhibit No. 958. But I would like to mark as Commission

Exhibit No. 953 your covering letter.

(Commission Exhibit No. 953 was marked for identification and received

in evidence.)

Mr. CHAYES. Yes; this is my letter. It is dated April 24, 1964, and

it is marked Commission Exhibit No. 953, and it clears up a factual

question that was left at large in Mr. McVickar's memorandum.

Mr. COLEMAN. Mr. Chairman, at this time I would like to offer for

admission into evidence Commission Exhibits Nos. 948, 950, and 949.

I would also like to note that the attachment to Commission Exhibit

No. 952 was marked as Commission Exhibit No. 958 and has already been

admitted into evidence.

Mr. DULLES. They shall be admitted.

(Commission Exhibits Nos. 948, 950, and 949 were marked for

identification and received in evidence.)

Mr. DULLES. May I ask this question? Have all of these been previously

identified in the testimony.

Mr. COLEMAN. Yes, sir; they have been identified and marked.

(Discussion off the record.)

Mr. COLEMAN. Back on the record. That is all the examination I have

of Mr. Chayes. I do want to express my appreciation and thanks for

the detail in which he gave us information and the method in which he

answered all the questions.

Representative FORD. I have no further questions.

Mr. DULLES. I have no further questions. Thank you very much. You have

been very full, very frank, very helpful.

Mr. CHAYES. I am glad to do what I can.

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