Mr. Coleman.

And with that determination made, then I take it that when Oswald appeared at the Embassy in July 1961, and requested that his passport be returned to him, that Mr. Snyder had no other alternative but to return his passport to him, is that correct?

Mr. Chayes.

In the absence of any other disqualifying ground, and there wasn't any other disqualifying ground either known to the Embassy in Moscow or available in our own files back home. If Mr. Oswald was a citizen, and was not disqualified in some other way, he was entitled to the passport.

Mr. Dulles.

Do you know from studying the records, or otherwise, whether when that request was made by Lee Harvey Oswald, it was referred back to the State Department and reconsidered again?

Mr. Chayes.

Oh, yes; it was. In the first place, the expatriation issue wasn't decided until that time. That is the expatriation issue was open until he came back in and applied for the passport.
The expatriation issue was decided in the first instance by the officer in the field, and then the tentative decision was reported by him hack to the Passport Office and the expatriation decision was reviewed in the Passport Office at that time. The file was reviewed for other possible disqualifications, and an instruction went out with respect to the return of the passport.
The field was instructed that when the passport was returned, it should be marked for travel to the United States only, and then when the passport was finally renewed some weeks later, that was also pursuant to a departmental instruction.

Mr. Dulles.

Was that reviewed in your office at that time?

Mr. Chayes.

No; it wasn't.

Mr. Dulles.

Shouldn't it have been?

Mr. Chayes.

I don't think so, Mr. Dulles. The Passport Office has to make nationality determinations on thousands and thousands of people.

Mr. Dulles.

But this is a legal question, isn't it?

Mr. Chayes.

But they have adjudicators in the Passport Office.

Mr. Dulles.

They have legal officers.

Mr. Chayes.

Thirty lawyers or something.

Mr. Dulles.

They have?

Mr. Chayes.

And two lawyers reviewed this case. There are just thousands of nationality or loss of nationality determinations.

Mr. Dulles.

And those are generally all settled in the Passport Office?

Mr. Chayes.

In almost every case.

Mr. Dulles.

Some of them may be presented to your office.

Mr. Chayes.

Where they present especially difficult questions of law or general policy of administration; yes, sir.

Mr. Dulles.

And this wasn't considered as a case involving particularly difficult questions of law?

Mr. Chayes.

No; I don't think it did then or does now.

Representative Ford.

Did the people in Washington who made this review know that on this one particular form, I don't recall the Commission Exhibit, that Oswald said, "I have done this, that," one or the other?

Mr. Chayes.

They would have had that before them. I think that is the form that was sent back to the Department, the one that had "have not" crossed out and "have" was left standing. So they made the determination on the basis of a form----

Mr. Coleman.

Commission Exhibit No. 938, for the record.

Mr. Chayes.

Commission Exhibit No. 938, in which Oswald indicated that he had done one of these acts, and then supplied a supplementary questionnaire explaining in fuller detail what he meant.

Mr. Dulles.

Do you happen to know who the lawyers were who did this in the Passport Office, and whether they would be available if we should want to see them?

Mr. Chayes.

I think they are on the list to testify.

Mr. Coleman.

Mr. Chayes, those lawyers didn't review the file in 1961. They are the two lawyers that reviewed it in October 1963.

Mr. Chayes.

I see. Well, I can find out if we haven't supplied the names already.