Saving Oswald
Saving Oswald
We decided this Christmas to put things right on a very old problem of the guilt or innocence of Lee Harvey Oswald. Fortunately we actually have a lot of evidence thanks to Google, and its video content manager Youtube in regards to the JFK assassination and related topics on criminology, along with the public sources from the Warren Commission, and the House Committees formed thereafter.
From these primary sources we have found the original interviews with many of the major witnesses on the scene, we have reviewed ballistic information, and read third party criminologists provide their views of the crime. Once we got the lay of the land we read most of the original documents from the Warren Report, and some of the testimony by Congress thereafter and reviewed the gap analysis done by many third parties which have been posted on the Public Internet.
A View of Compliance
First of all, Mr. Oswald was not completely innocent of all Federal Crimes. After all he was using a fake ID to rent a house, buy firearms, and conspire against the president (allegedly while in Mexico, and in Russia). Of those potential charges, he certainly bought two firearms with an alias which is fraud, and furthermore mail fraud carries a sentence of up to twenty years. So at a minimum Mr. Oswald after the state procured a warrant for his rifle at home would have had two counts of mail fraud which would have carried a sentence of up to forty years, assuming evidentiary challenges were sustained in court. Although Mr. Oswald probably didn't bring his gun to work, he may have brought A different gun to work, which also likely if detected resulted in his immediate termination from his job which was needed to provide for his wife and child. Thus either way the morning of November 22, 1963 he was definitely disturbed knowing that JFK was coming to Dallas, and he wasnt too concerned about his wife or family.
Lee Harvey Oswald Did Not Kill the President
I think the State of Texas after reviewing Altgens 6 where he is clearly standing on the steps of the building while the President is assassinated would consider the circumstances as the offsetting charges are defamation, and liable to not only himself but his family resulting in long term damage to his extended family for bringing false charges. See the link below for more evidence.
Additionally, the FBI had down a paraffin test on Mr. Oswald, and they said that he did not fire a rifle that day, but may have in fact fired a pistol. Mr. Oswald's pistol was however not observed by anyone in the crowd that day, and would have been impossible due to Altgens 6. Therefore Mr. Oswald was not guilty for attempted murder, and not guilty for murder if he went to trial in my opinion on those two charges.
Mitigating Circumstances & Federal Ties
If Mr. Oswald was in fact an officer of the Federal Bureau or for Military Intelligence then likely he was doing this work undercover, I find that likely in this case as Mr. Oswald was working on the most sensitive US military project the U2 spy plane which included America's most vital secrets. He would not have been assigned to such a program unless he was indeed the best at his job. If he was assigned to this role, and then went to a degraded mental capacity then we might consider a therapeutic intervention and a disability classification.
But although he was lobbying against American doctrine in Cuba, his political position was in fact mild but ill timed, he was simply asking for fair trade with Cuba despite its bold action against the United States. It was in fact a short-sited position which simply because of his background and training would have likely put him on the FBI watch-list today, which would have been a severe penalty. For a disabled veteran he may have even been committed. Since all of these issues would have prevented him from seeing his family, I think it is more likely a 24 year old ex-marine who spoke Russian would have simply gone back to work for Uncle Sam but this was challenged by what he apparently had done to enter Russia in the first place.
I for one would like to believe he was working for the FBI, but if he was then he was likely on counter-sniper support for the President, went AWOL, and the President died. This is in fact treason under US code and carries the death penalty. But to try Oswald for such a thing, then they would have had to try about 100 or so secret service officers, and likely at least a few military officers on protective duty for the same statute. (And they should).
If he was working for the CIA, or military intelligence then it is possible he had other duties nearer the street and he wasn't required inside his own building. This I think is likely considering the time he was working, and I think also his apparent assassination was in fact staged, as the pictures did not look like a real event. So if Mr. Oswald is a Federal officer then his federal offenses were likely part of his job.
Without Federal Support A likely sentence is significant Jail Time
If Lee was not tied to the Federal Government he gets three counts of mail fraud, one for opening up a Post Office box under a False name, and two more for shipping firearms to his assumed identity. This is a maximum prison sentence of sixty years in jail. If the weapon was his that shot the president which didn't appear likely, then he might get the more severe application of the code which was thirty years for one of the counts, and perhaps a treason charge. So we are looking at 90 years in jail for a 25 year old male with four felony counts, who likely would have served at least twenty five years in jail of his actual sentence before being released with a felony making it difficult to work and pay for his family.
To the extent he had a military pension he might have received a special dispensation of some sort but that's not likely either.
Proceedings in Texas and Federal Court
To charge Mr. Oswald with a federal crime, however would have required a Federal Court, and thus after being prosecuted for entering a movie illegally without paying, Mr Oswald likely would have been tried for both the murder of officer Tippett, before the State of Texas released him for trial on murder of the President, or conspiracy to commit murder. Thus the State of Texas, and the US Government would have likely been at least three years out before a trial on the merits of the JFK assassination took place, and I believe that should have happened anyway (and would have if Mr. Oswald was not dead). Such a trial likely would have resulted in at least ten US secret service officers being prosecuted as well and would have taken some time IMHO but probably would have saved the life of RFK. It is my guess within one month, the bureau had a pretty good idea of what happened, as did the military, and the CIA none of which have had a chance to speak their peace about what truly happened.
To my knowledge, the Bureau because of the early death, never tried to assemble the entire crime scene into a coherent picture of what happened that day, as they have in airplane crashes, and other unexplained mysteries. I think therefore the Bureau made no effort to solve this cause, as I believe they actually knew all along.
So my prediction, Mr. Oswald gets sentenced for a misdemeanor crime for entering a movie in Oak Cliff without paying, wins on the Tippett on a murder charge (because several witnesses saw him across the street from the murder scene) and not holding the gun, and then gets sentenced to three counts of mail fraud where he gets sixty years in Federal penitentiary simply due to the anger of the crowd.
I expect if he lost he would appeal on his military record which was already tarnished by his visit to Russia (which he loses), and he appeals to the US Supreme Court on an illegal search/fourth amendment issue for the State of Texas finding his gun in the first place. I think ultimately Mr. Oswald would lose both appeals, but it would have taken ten more years with third party counsel and he does most of his sentence. In the end I am predicting a 61 year sentence for Mr. Oswald, which would have deprived him from his family anyway with an aggressive release date for good behavior(30 years).
Mental Status
In the end, any business dealings with the president of the United States when you are but a small player in the Federal Government is not advisable, and that made Mr. Oswald likely insane, if he was not an agent. Unlike other US Agencies however, the CIA has special latitude to tell the truth if they think America will be harmed. I do feel however that Mr. Oswald would have not passed a competency examination, and likely would have been given special dispensation by the court due to the age of his two daughters. He would have served at least thirty years of his sentence for such crimes I think which is still severe in some form perhaps extended probation.
UP NEXT
Tomorrow we will take up who actually did the crime, and where we are with the investigation.
Comments
Post a Comment