-Caveat Lector-

Cross-posted from H-ANTISEMITISM

CLARIFICATION OF RELEASE OF NAZI WAR CRIMES FBI FILES
By Michael Ravnitzky , [EMAIL PROTECTED]
December 18, 2002

The purpose of this note is to clarify a previous announcement of a
list of
Nazi War Crimes related FBI Files being transferred from the FBI to
the
National Archives and Records Administration (NARA), and to identify
the
existence of additional Japanese War Crimes FBI files being
transferred.

SUMMARY

The main three clarifications are that the release of the records
will be
delayed because of agency reviews -- the CIA and OSI may redact or
hold back
entirely some of these files -- and that there are a substantial
number of
Japanese War Crimes related files in a separate list.

A staff member at the Nazi War Crimes and Japanese Imperial Records
Interagency Working Group (hereafter Interagency Working Group, or
IWG) was
concerned because I distributed the entire list of Nazi War Crime FBI
Files
transferred to NARA via IWG.  I obtained this list through proper
channels.
The IWG thinks that only a portion of the records may ultimately
become
available, and in this respect the list might be misleading.  In my
opinion,
it is useful for researchers to see which files are NOT opened as
well as
which files become opened.

In any case, I agreed to distribute this clarification.  I would
appreciate
if you could forward on this note to anyone to whom you sent the
original
note or list.


DETAILS:

My original message said that these files would be opened in January
2003.
This is incorrect.  According to an IWG press officer,

http://www.archives.gov/iwg/index.html

these records will be opened in due course at an undefined date after
the
materials have been processed by the IWG.  The IWG says that:

1) The materials must be reviewed for CIA equities (material of CIA
interest);

2) The materials must be reviewed for material of concern to the
Office of
Special Investigations (hereafter OSI).  OSI is the branch of the
Department
of Justice Criminal Division that investigates and deports people who
took
part in Nazi-sponsored acts of persecution; and

http://www.usdoj.gov:80/criminal/osi.html

3)   The National Archives must preserve the most fragile records for
public
handling by researchers (such as placing onionskin or thermofax
paper  between mylar sheets).

These steps will take additional time and will likely delay the
release of
the records to an unspecified degree.  However, the IWG says that
they don�t
plan to wait until all the processing is complete, they plan to
release the
records at the National Archives on a rolling basis, that is the
records
will be released in batches as the reviews are completed.

IMPORTANT NOTE REGARDING JAPANESE WAR CRIMES FBI FILES

NARA has received an important group of Japanese War Crimes Files
from the
FBI.  However, the IWG has not released a list of the Japanese War
Crimes
FBI files it received, saying that it would be premature to release
the list
of transferred records.

According to the October 24, 2002 meeting minutes of the IWG (soon to
be
posted at

http://www.archives.gov/iwg/meetings/meetings.html

"The FBI reported that it had completed its review of Japanese
documents in
August 2002.  After screening 127, 085 pages, 71,485 were determined
to be
relevant and transferred to NARA."

An interesting interim report on the Japanese War Crimes records is
at:

http://www.archives.gov/iwg/declassified_records/japanese_war_crimes_disclos
ure.html

MY OPINION

In my opinion, the IWG should release the list of transferred
Japanese
records so researchers can ascertain which records are kept closed
when the
records eventually become public.  As I understand it, a major
underpinning
of archival records management is that researchers in a particular
records
set should be provided a sense of which records from the collection
are not
available.  The strategy of not informing the public of the records
which
were to be sequestered and removed from the open collection is not
the
correct one, in my humble opinion.

If there are criminal prosecution concerns relating to OSI efforts,
my
intuition tells me that the public interest in opening these records
now
(after 55 years) outweighs any concern about jeopardizing OSI
prosecutions
and subsequent deportations in a handful of cases.  Whether I am
right or
wrong, this debate deserves to occur in the public domain.

I encourage interested parties to attend the next meeting of the IWG,
planned for January or more likely February.  IWG meetings are open
to the
public.  You can get information on the date of the next IWG meeting
by
contacting IWG at:

http://www.archives.gov/iwg/contact_information/contact_information.html



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