Mr. Fain.

for a long time, they told him he couldn't take her apparently, and there come back to quite a period that he was waiting to get her, and he refused to the United States unless his wife came back with him. We wanted to find out whether or not the Soviets had demanded anything of him in return for letting her come on over.

Mr. Stern.

As to that, had you formed a conclusion, after the second interview?

Mr. Fain.

As to-on that point?

Mr. Stern.

Yes.

Mr. Fain.

Well he answered it and said, "No." He played it down all the way through. In other words, that was the main purpose we were talking to him, was to try to ascertain that point. He downgraded it all the way through, and belittled himself. He said, "I was not that important."

Mr. Stern.

Was your recommendation that this case be closed, a recommendation that indicates that you had reached a conclusion on the question of your investigation?

Mr. Fain.

Yes, sir; even though he was arrogant and cold, from his answers, I couldn't see any potential for danger or violence at that point.

Mr. Dulles.

Did Special Agent Arnold J. Brown concur in your decision with regard to marking the case "C," closed?

Mr. Fain.

Yes, sir; I remarked to him we were just going to close it, and he saw the finished report and initialed the report.

Mr. Dulles.

He saw that conclusion and concurred in it?

Mr. Fain.

Yes, sir.

Mr. Stern.

In terms of your FBI procedures, what is the difference between marking a case closed or marking it pending?

Mr. Fain.

Well, if it is a pending case, there is additional work to be done on it.

Mr. Stern.

Specific additional work?

Mr. Fain.

Yes, sir; specific leads to be done on the case.

Mr. Stern.

And closed means that there are no such specific leads, is that right?

Mr. Fain.

Yes, sir; that is right; it is closed.

Mr. Stern.

But does that mean that the case is in dead storage somewhere?

Mr. Fain.

Not forever; no. If there is any reason for reopening it, it could be reopened the next day if necessary or the next 3 days or any time. But this assignment had been completed. He had been interviewed. That was the purpose of this contact, to interview him, and set forth the results of re-interview, and that was all that was to be done.

Mr. Stern.

Are cases frequently reopened?

Mr. Fain.

Cases are reopened constantly. If there is any reason for reopening it, it certainly would be reopened.

Mr. Stern.

Is it fair to say then that in this kind of situation, "closed" is really a shorthand for "no further Work to be done at this time"?

Mr. Fain.

Correct, correct.

Mr. Dulles.

Off the record.
(Discussion off the record.)

Mr. Mccloy.

What is the date of this last report here?

Mr. Fain.

The date of this was August 30, 1962.

Mr. Mccloy.

August 30, 1962.

Mr. Stern.

Mr. Fain, do you recall discussing Lee Harvey Oswald with his brother Robert Oswald about this time?

Mr. Fain.

Discussing his brother with him?

Mr. Stern.

Did you ever talk to Robert Oswald about any of your conclusions regarding Lee Harvey Oswald?

Mr. Fain.

Certainly not. I contacted him on August 14, but that was for the purpose of locating his brother for interview.

Mr. Stern.

Is it possible that you might have said to him at some point, "I have interviewed your brother and I don't think he presents a problem," or "I do"? I don't suppose you would say that.

Mr. Fain.

Positively not. I never made that statement to him at any time.

Mr. Stern.

This would be contrary to your operations?