http://www.boston.com/news/nation/washington/articles/2010/01/18/us_cloaks_c
ase_files_involving_civil_rights/

US cloaks case files involving civil rights
Kerry leads push for King records
By Bryan Bender, Globe Staff  |  January 18, 2010
WASHINGTON - Nearly half a century after the height of the civil rights
movement, hundreds of thousands of pages of government files about the
volatile era remain shielded from the American public, buried in FBI field
office cabinets, blocked by resistant bureaucracies, or available only with
large sections blacked out, according to US officials and researchers.

The situation has prompted a new push in Congress, led by Senator John F.
Kerry of Massachusetts, to require that all records relating to the life and
death of Rev. Martin Luther King Jr. be located, reviewed, and released by a
review board at the National Archives similar to those established for the
assassination of President John F. Kennedy and for Nazi war criminals.

Kerry¹s plan to introduce legislation this week, however, is seen as only
the first step in a broader movement to force the government to disclose
what it knows - and did - about violence against blacks during the civil
rights era, including scores of unsolved lynching and bombing cases.

³There are a lot of unanswered questions,¹¹ said Representative John Lewis,
a Georgia Democrat and former King aide who was brutally beaten during a
civil rights march in 1965. ³The American people have a right to know what
happened.¹¹

The often frustrating task of persuading the Federal Bureau of
Investigations to open all its records from that period has been undertaken
primarily by loosely organized relatives of victims, lawyers, journalists,
and part-time writers such as Stuart Wexler, a New Jersey social studies
teacher.

Wexler, 33, was recently researching a book about plots to murder King when
he learned the FBI¹s archives contained a document about a Ku Klux Klan
leader who claimed to have played a role in the civil rights leader¹s
assassination in 1968. When Wexler filed a request for a copy, he was
informed that it had been destroyed as part of regular house cleaning. He
then learned there had been a government clerical error and the file was not
lost to history.

Still, Wexler will have to submit another formal request, this time with the
right file number, and is unsure what he will receive, or when he will
receive it.

Others also believe the FBI is holding on to a variety of records that may
contain valuable information, including leads the FBI may not have followed
about a rash of racial killings in the South from the 1940s to the 1960s.

The recently established Civil Rights Cold Case Project - made up of family
members, journalists, and civil rights lawyers - hopes to find more answers.
It recently sought support from Attorney General Eric H. Holder, who
responded in writing that the Justice Department ³is engaged in internal
discussions about how best to proceed . . . in order to achieve the most
responsible public disclosure possible.¹¹

According to the National Archives, the FBI maintains one of the largest
backlogs of requests, such as Wexler¹s, that have been filed under the
Freedom of Information Act, a law designed to provide public access to broad
categories of information. In a statement, FBI spokesman Paul E. Bresson
said ³requests are routinely completed pursuant to the laws that govern the
process¹¹ and said the bureau is ³not aware of the concerns¹¹ about King and
other records.

Part of the problem, many researchers say, is that unless they know which
specific documents to request there is little chance of success, and as a
result there needs to be an alternate mechanism along the lines of what
Kerry is advocating for King files.

They insist that what the government knew at the time about widespread
racial violence could be crucial in solving some murders, such as the brutal
killing of Clifton Walker, a father of five who was shot in the face on his
way home from work in Woodville, Miss., in 1964.

³The FBI documents I have [on the case] are highly redacted. I stare at them
every day,¹¹ said Ben Greenberg, 40, a freelance journalist in Somerville
who is working with the Cold Case Project. ³If I knew whose name was under
there or could better piece together what circumstances are being described,
I¹d be further down the path.¹¹

He thinks government files about a rash of racially motivated killings at
the time in southwest Mississippi might contain information that could help
solve multiple cases.

³If these files were more broadly available and not redacted they could
provide a road map,¹¹ said Greenberg, whose father, Paul, worked for King in
the early 1960s.

Opening up all the files on King is seen by Kerry and others as a good
start.

For example, thousands of pages on King that were shipped to the National
Archives by the FBI have languished for years without being processed for
public viewing.

³This hidden collection problem is huge,¹¹ said David Ferriero, the
archivist of the United States.

Other MLK-related records have been sealed, including those reviewed by a
special House committee in the late 1970s that concluded the assassin who
shot King at the Lorraine Motel in Memphis, James Earl Ray, did not work
alone. Those records are not set to be released for nearly two more decades,
according to the National Archives.

³I want it all out. I wanted it all out back then,¹¹ said G. Robert Blakey,
a professor at Notre Dame Law School who served as the staff director of the
House Select Committee on Assassinations.

Other researchers believe the FBI has never acknowledged the full extent of
its investigation into King¹s murder or made public all of its massive
³MURKIN¹¹ file, which stands for the ³murder of King.¹¹

Lamar Waldron, the coauthor of ³Legacy of Secrecy,¹¹ said the identities of
white supremacists and organized crime figures interviewed by the FBI about
the assassination have come to light in some available documents, but all
the files about those individuals have not.

They include white supremacist leader Joseph Milteer, New Orleans Mafia boss
Carlos Marcello, and top organized crime figure Johnny Roselli - all three
of whom were also investigated for their possible role in the assassination
of President Kennedy.

Waldron, Wexler, and others believe records related to King could shed light
on other civil rights killings. ³We can cross-reference their files in a way
they never could back then,¹¹ Wexler said.

There is also the notorious record of FBI spying on King¹s private
activities, a history that also remains mostly secret.

³I hope I am not biased, but I believe there was a deliberate, systematic
effort on the part of [FBI Director] J. Edgar Hoover to destroy Martin
Luther King, Jr.,¹¹ said Lewis, who is expected to cosponsor Kerry¹s bill in
the House.

While some are concerned that the private revelations could embarrass King¹s
family or tarnish his legacy, Lewis and Kerry believe releasing the records
could help prevent future abuses.

³I want his personal history preserved and examined,¹¹ Kerry said.

The MLK Records Review Board, according to a draft of the Kerry bill, would
have jurisdiction over ³all records - public and private - related to the
life and death of Dr. King, including any investigations or inquiries in
federal, state, or local agencies.¹¹

The board could also request that the attorney general issue subpoenas ³to
compel testimony or records and require agencies to account for any previous
or current destruction of related records.¹¹

Some researchers worry that some records may have been destroyed because the
FBI was not required to keep them, and they might have contained revelations
embarrassing to the bureau.

Still, Representative Sheila Jackson Lee, a Texas Democrat who was a staff
member on the assassinations committee, said ³fresh looks at [available]
documents by fresh researchers may be valuable for the FBI.¹¹ The bureau is
not able to reinvestigate these cases because it has too many pressing
current missions, she said.

Thomas Moore is among the few family members to see the murder case of a
loved one reopened decades after the height of the civil rights movement.

But that was only after a journalist obtained previously unreleased federal
and state records about the killing of his brother, Charles.

³It wasn¹t until 2005 that I was able to receive the unredacted FBI files,¹¹
Moore said. And it was not until this month, he added, that he obtained the
Mississippi autopsy photos.

As for countless other cases, Moore said he believes ³there is still a lot
of information out there. It should have been released a long time ago.¹¹

Bryan Bender can be reached at ben...@globe.com.  

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