[EL] Classified Civil Rights Commission files

Scott Rafferty rafferty at gmail.com
Tue Jun 18 12:10:42 PDT 2013


During the Kennedy administration, Erwin Griswold was rather unstinting in
his criticisms of Burke Marshall and the Civil Rights Division.  The CRC
was also an early advocate of the Voting Rights Act.   During their
lifetimes, both Mr. Marshall and Dean Griswold were quite unreserved in
providing and discussing their official papers, as was NARA under FOIA.

Shortly after the assassination, the papers of the CRD were microfilmed.  I
have seen most of the DoJ films, but under current NARA policy, any
mandatory FOIA exemption or classification impounds the entire roll until
it is papered and processed.  Rolls once open as film are no longer.
Papering results in delay and a loss of legibility, but NARA is ultimately
quite open.

Mr. Marshall collected "top secret" papers on a single roll, which is still
being processed.  The classification claims appear to be quite overbroad,
but appear to be justified by Mr. Hoover's belief (technical true in the
case of Stanley Levinson and Bayard Rustin) that associates of Dr. King had
been communists.   Partial declassifications show that the materials are,
at best, politically sensistive - not a basis that Mr. Marshall ever
believed justified long-term secrecy.

The existence of a similar microfilm collection of CRC was not disclosed in
response to FOIA requests until two years ago.  However, these CRC papers
are under a comprehensive embargo until 2014.  I don't understand the basis
for declining to process these under FOIA, since NARA concedes that they
are federal records (as opposed to deeded papers).   I learned today that
NARA also expects further delay to process classification claims.   It is
not clean that the CRC even has a declassification plan.

I am curious to know if others share my interest in these documents.

Scott Rafferty
1913 Whitecliff Ct
Walnut Creek CA
 mobile 202-380-5525
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