Jul.
10, 2003 Judge Cristol tells the Israel News Agency how he set record
straight on USS Liberty By
JOEL LEYDEN
Much propaganda
has been thrown against Israel in the "information war" but no subject
is highlighted more than a tragic friendly-fire incident which occurred between
Israel and the US almost 40 years ago. US
Florida Judge Jay Cristol was responsible for having successfully petitioned the
NSA to release US
data confirming the USS Liberty accident. Cristol believes that Israel's enemies
have tried to use this incident for decades to create a wedge between Washington
and Jerusalem. Judge
Cristol, in an exclusive interview with The Israel News Agency explains
what happened to the USS Liberty and discusses the relevance of the new information
released by the US National Security Agency. Judge
Cristol: "On the fourth day of the Six Day War, June 8, 1967, the USS Liberty,
a U.S. Navy intelligence gatherer, failed to receive orders to stay clear of the
combat zone and sailed into the middle of the Six Day War." Cristol
continues: "On the previous day, Israeli forces in the Sinai, near El Arish,
had reported being shelled from the sea by a ship. Explosions around El Arish
led the army to think it was happening again. They saw a grey warship near the
horizon and reported it to headquarters (the Karya). The Israeli Navy sent motor
torpedo boats to investigate. Through a series of additional errors, they determined
that they could not overtake the ship which was steering toward Port Said. They
called for air and the Israeli Air Force was sent to locate and attack a hostile
warship off El Arish." "Twelve
or fourteen minutes into the air attack the flight leader of Royal Flight (2 Super
Mystere) noticed the ship's hull markings were not in Arabic script. The Air Force
stopped the attack. Soon thereafter the motor torpedo boats arrived. They stopped
and began to signal the ship which was now smoking as a result of the air attack.
The ship, the Liberty, began firing at the torpedo boats which convinced them
she was hostile and commenced a torpedo attack. The ship was identified as hostile,
Egyptian, Soviet, Egyptian again and ultimately American. The identification as
American took place between 3:07 and 3:12 p.m. about 40 minutes after the attacks
were over. The second Israeli helicopter pilot observed and confirmed an American
flag," said Cristol. "For
years conspiracy theorists have claimed that audio tapes existed of the Israeli
pilots identifying the USS Liberty as American before they attacked. There are
other conspiracy claims that the Liberty radio compartment made such interceptions
and that the U.S. submarine Amberjack had gathered damning evidence during the
attack by means of its periscope." "On
July 2, 2003, as a result of my lawsuit using the Freedom of Information Act,
the National Security Agency made two significant admissions. First, that there
had been no radio intercepts made by the USS Liberty. Second, that there had been
no radio intercepts made by the US submarine Amberjack. And finally, the National
Security Agency released copies of the recordings it made from an EC-121 aircraft
in the vicinity of the attacks during the time periods 2:30 p.m. Sinai time to
3:27 p.m. Sinai time. These tapes contain nothing to support the prior conspiracy
claims and show that the helicopters were first dispatched to rescue Egyptians,
and then demonstrate the confusion as to the identification of the target ship."
Cristol adds:
"The tapes confirm that the helicopter pilot observed the flag at 3:12 p.m.
This perfectly dove-tails with the audio tapes which the Israel Air Force released
to Judge Cristol of the radio transmissions before, during and after the attack.
The English translations of those tapes are published in Appendix 2, of Judge
Cristol's book "The Liberty Incident". The NSA tapes are the last significant
piece of evidence which remained classified until now. They clearly corroborates
the Israeli Air Force tapes and support the decisions of ten official U.S. investigations
and 3 or more official Israeli investigations, all of which concluded that the
tragic event was a case of mistaken identity." "As
Admiral "Bud" Edney, former NATO supreme allied commander, Atlantic;
and commander in chief, U.S. Atlantic command, stated, "Only those with an
ulterior motive can still cling to the conspiracy theories after Judge Jay Cristol's
excellent coverage documents each detail that led to the tragic mistaken attack."
INA: Judge,
what motivated you to get involved in this research project? AJC:
When I was appointed a federal judge I began taking courses in international affairs
at the Graduate School of International Affairs at the University of Miami. My
initial interest was in terrorism. One day Dr. Haim Shaked suggested that with
my background as a naval aviator, navy lawyer, lecturer for the Department of
Defense on law of naval warfare, civilian lawyer and federal judge, I was qualified
to research and write on the Liberty incident. At first I resisted, arguing "that
was more than 20 years ago". But I was soon shown how active the conspiracy
theorists and hate mongers were about keeping the story alive. I started a one
year project as a masters degree which developed into 10 years and a Ph.D. My
doctoral dissertation is on file in the Library of Congress. I then spent 3 more
years writing my book "The Liberty Incident". I now have 16 years on
the project and the largest collection in the world of research materials on this
subject. The Hoover Institution at Stanford University has requested my research
material for their archives. I have gifted it to them and am in the process of
sending it to them. INA:
Why has this matter remained alive for 36 years? AJC:
The victims of the USS Liberty tragedy are typical of victims of friendly fire.
They find it difficult to believe that they were wounded or their buddies were
killed by mistake. In this case the victims have been imposed upon, used and abused
by groups with their own agendas. First, are those who are on the Arab side of
the Arab/Israeli conflict and who try to use the tragedy to drive a wedge into
the otherwise excellent relationship between the United States and Israel. Next
are those persons who are anti-Semitic or anti-Israel. And finally there are the
conspiracy buffs. For the reasons indicated these three groups have continued
to probe the wounds of the victims for their own purposes and are not concerned
with healing or closure. INA:
How important is the release of the audio tapes by the National Security Agency?
AJC: The release
of the NSA tapes is extremely important because it provides additional evidence
that has been solely in the hands of the United States and therefore cannot be
challenged as having been modified or altered by Israeli intelligence services.
In addition, it corroborates the Israeli Air Force tapes as the material dove-tails
with the information on those tapes. INA:
Why do many of the conspiracy theorists continue to demand a United States Congressional
investigation and is such an investigation appropriate? AJC:
The goal is simply to provide a platform for propaganda. There have been ten official
U.S. investigations. Five of them were Congressional. They all reached the same
conclusion that the incident was a tragic mistake. Eight United States Presidents:
Johnson, Nixon, Ford, Carter, Reagan, Bush (41), Clinton, and Bush (43) have supported
and adopted these conclusions. In fact, the current President of the United States,
George W. Bush, through White House staff, issued a letter in October 2002 indicating
his position that no further investigation of this incident was needed. INA:
Would you comment on the claims of author James Bamford that the Liberty was attacked
to prevent the United States from learning of massacres of Egyptian prisoners
in the Sinai? AJC:
Mr. Bamford provides as his source of this claim two Israeli journalists, both
of whom have denied statements attributed to them by Bamford. First, it is literally
impossible for an electronic intelligence gatherer to overhear murders taking
place in a desert more than a dozen miles away. The Sinai was returned to Egypt
in 1973. Egypt has made no claim that such murders took place. No mass graves
have been located and no Egyptian soldiers from the '67 war are missing or unaccounted
for. Mr. Bamford writings are much closer to fiction than to history. INA:
Are all the former crew-members of the USS Liberty unanimous in their belief in
conspiracy theories? AJC:
Absolutely not. The spectrum of opinions is quite varied from those who are rabid
conspiracy theory supporters to others who accept the fact that the tragedy was
the result of both Israeli and U.S. mistakes. I have been asked for the names
of crew-members who accept the mistake theory but have declined to name anyone
as I have no intention of creating animosity among shipmates. INA:
The Liberty Veteran's Association appears to be very active in support of conspiracy
theories. How is the association organized and are all former Liberty crew-members
members of the Association? AJC:
There are many crew-members that have never joined the Association. The Association
was founded with the assistance of two former United States Congressman, Paul
Findley of Illinois, the first U.S. Congressman to espouse the PLO, and Paul N.
"Pete" McCloskey, who is well known for his anti-Israel sentiments.
McCloskey drafted the incorporation papers for the Association and also served
as legal advisor to the Association. He has spoken at Holocaust denial organization
conferences. He and Findley, together with three other former congresspersons,
established the Council for the National Interest, CNI, an organization whose
avowed purposes (according to their own press release) was to be an anti-Israel
lobby. ©All
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