JAMES M. ENNES JR.
ASSAULT ON THE LIBERTY
The True Story of the Israeli Attack
on an American Intelligence Ship
COVER-UP
The barrier of rank is the highest of all barriers in the way
of access to the truth.
B. H. Liddell Hart,
Thoughts on War, xi (1944)
In Washington, apparently while the ship was still under attack and
fighting for her life, Pentagon officials struggled with the first news
report of the attack. Immediately, they were faced with the vexing
problem of how to describe her mission.
Phil G. Goulding, assistant secretary for public affairs, argued that
the ship was an intelligence collector and should be identified as
such. "This ship collects intelligence," said Goulding. "We should
take the public affairs initiative, leveling with our people from the
beginning. "
But the United States government had never declared officially
that any of its peacetime ships were in the intelligence-collection
business, and the intelligence and diplomatic authorities argued
against making such a declaration now. Goulding tells us in his book
Confirm or Deny that they made three points: first, Defense Department
employees are taught never to discuss intelligence matters under any conditions, and nothing must be done to change this
policy or to suggest a change to it. Second, although Liberty would
be called a spy ship by the press, this was not the same as an official
government admission. A neutral country may accept a Technical
Research Ship in its port regardless of how the press describes it, but
may not accept an acknowledged United States intelligence vessel.
Third, they argued that Israel and Egypt might be offended if the
United States openly admits it had sent an intelligence ship to eavesdrop
on their radio conversations.
Secretary McNamara listened carefully before finally yielding to
the security and diplomatic arguments. The Pentagon, he decided,
would use the official unclassified description of Liberty as a Technical
Research Ship and would elaborate upon her duties somewhat to
describe a specific communication mission. Goulding prepared the
initial statement, adding two more paragraphs as new information
poured in. Soon this report was cleared with the State Department
and the White House, and was handed to the press:
A U.S. Navy technical research ship, the USS LIBERTY (AGTR-5) was
attacked about 9 A.M. (EDT) today approximately 15 miles north of the
Sinai Peninsula in international waters of the Mediterranean Sea.
The LIBERTY departed Rota, Spain, June 2nd and arrived at her position
this morning to assure communications between U.S. Government
posts in the Middle East and to assist in relaying information concerning
the evacuation of American dependents and other American citizens
from the countries of the Middle East.
The United States Government has been informed by the Israel government
that the attack was made in error by Israeli forces, and an
apology has been received from Tel Aviv.
Initial reports of casualties are 4 dead and 53 wounded. The LIBERTY
is steaming north from the area at a speed of 8 knots to meet U.S. forces
moving to her aid. It is reported she is in no danger of sinking. 1
1. Phil G. Goulding. Confirm or Deny-In/orming the People on National Security (New York: Harper & Row. 1970)
Although the carrier America teemed with newsmen-twenty nine
of them, including representatives from every major wire service,
the television networks and several large newspapers, plus newsmen
from England, Greece and West Germany-Admiral Martin
somehow managed to keep these men in the dark about the Liberty
attack for more than five hours. These were some of the best newsmen in the business, but they might have received more information
if they had been ashore. Admiral Martin told them only what the
Pentagon wanted told, and apparently he waited for instructions
from the Pentagon before telling them of the attack at all.
WE UNLEARNED ABOUT [the Liberty attack] UNTIL SAW WX
STORY AT 5:30 P.M., GMT, correspondent Bob Horton complained to
his home office. When Sixth Fleet briefing officers finally did talk,
they revealed very little, and what they did say was cloaked in
security restrictions.
Frustrated by inability to promptly file their stories, Neil Sheehan
of the New York Times, Bob Horton, writing for the Associated
Press, and Harry Stathos, writing for United Press International,
sent urgent messages to their home offices asking to "immediately
work on Pentagon Public Affairs to spring [the stories] loose." The
stories were being filed not to their home offices, but as classified
traffic to the Pentagon.
Other reporters, chafing at the restrictions placed upon them,
interfered with ship's routine as they schemed to conduct forbidden
interviews and plotted to file uncleared stories. One particularly
enterprising reporter, after earning the enmity of dozens of ship's
officers, attempted to file his ill-gotten and uncleared story by disguising
it as a personal letter, which he asked a helicopter pilot to
mail. The pilot forwarded the letter, not to the reporter's newspaper,
but to the Navy's Chief of Information in the Pentagon, who returned
it, unfiled.
Confusion grew. Captain McGonagle's original report, dictated to
Lieutenant Bennett while McGonagle was sick, delirious and nearly
unconscious, was soon released to the press. ATTACKED WITH UNIDENTIFIED
JET FIGHTERS BELIEVED ISRAELI, McGonagle'S message
said. APPROX SIX STRAFING RUNS MADE ON SHIP ...• TOOK TORPEDO
HIT STARBOARD SIDE.2 This mild, understated report eventually
became the nucleus of the official story of the Liberty incident.
No one asked whether it was possible to inflict in six strafing runs
the damage that Liberty suffered, or how many aircraft would be
required to put on target the hits that Liberty received. When a
group of the Navy's most senior admirals were briefed on the incident,
they agreed among themselves that at least ten aircraft would
be required to do the job, but their professional opinions were never
reconciled with the official report.
2. See Appendix G, page 244, for full text of McGonagle's message.
****************
One of Israel's first public responses to news of the attack was to issue
a news release asserting that Israel had specifically asked our government
for the location of any American ships near the Israeli coast,
and had not received a reply. This caused some consternation in the
State Department until officials realized, after an urgent exchange of
messages, that no such question had been asked at all-that the news
release was simply a public relations ploy.
Next, Israeli newspapers reported that the American flag was not flying. Pentagon officials added that there was little wind in the area
and that our flag "may have hung limp and unrecognizable at the
mast." The public was now convinced that the flag either was not
flying at all or was hanging limp at the mast on a windless day.
The news stories from Washington seemed tom in two directions.
On one side was the need to tell the story as quickly and as accurately
as possible without revealing classified information, and on the other
side was a diplomatic and political need to give Israel the benefit of
reasonable doubt.
"This would be called 'keeping everything in perspective,' " Philip
Armstrong had said a few hours before he died.
****************
On Saturday, two days after the attack, this wire-service story appeared:
WASHINGTON JUNE 10 (UPI)
US MILITARY OFFICIALS SAID SATURDAY THAT THEY WERE SATISFIED
ISRAEL'S ATTACK THURSDAY ON THE U.S. COMMUNICATIONS SHIP
LIBERTY WAS ONE OF THE TRAGIC MISTAKES OF WARFARE.
THEY SAID THEY STILL DID NOT HAVE A COMPLETE ACCOUNT OF
THE ATTACK FROM THE LIBERTY'S CAPTAIN, BUT WHAT THEY HAD
LEARNED SO FAR SHOWED NO INTENT ON ISRAEL'S PART TO DELIBERATELY DESTROY AN AMERICAN VESSEL.
PENTAGON OFFICIALS SAID THE CIRCUMSTANCES OF THE ATTACK, SO
FAR AS THEY WERE KNOWN, MADE HUMAN ERROR A PLAUSIBLE EXPLANATION
FOR IT.
THE LIBERTY WAS MOVING SLOWLY AND THERE WAS LITTLE WIND
AT THE TIME OF THE AIR AND SEA ASSAULTS, THEY SAID, MAKING IT
QUITE POSSIBLE ITS AMERICAN FLAG WAS HANGING LIMP AND UNIDENTIFIABLE
AT THE MOMENT THE ISRAELI JET PLANES FIRST APPROACHED.
SHORTLY AFTER THE ATTACKS, WHEN THE SHIP'S AMERICAN IDENTITY BECAME KNOWN TO THE ISRAELI GOVERNMENT, A STATEMENT
WAS ISSUED IN TEL AVIV CLAIMING THE VESSEL HAD DISPLAYED NO
FLAG, BUT U.S. OFFICIALS INSISTED IT WAS FLYING THE AMERICAN
FLAG, CARRIED ITS NAME ON THE STERN AND BORE ITS NUMERICAL
DESIGNATION ON ITS BOW.
IN DESCRIBING THE EVENTS OF THE ENCOUNTER, THE PENTAGON
SAID FRIDAY, THERE WAS A 20 MINUTE INTERVAL BETWEEN THE SIX
STRAFING RUNS OF THE ISRAELI JETS AND THE SUBSEQUENT ATTACK
BY THREE ISRAELI TORPEDO BOATS.
BUT OFFICIALS NOW BELIEVE THAT TIMING SEQUENCE TO BE INEXACT
SINCE IT WAS NOT YET KNOWN WHETHER THE PERIOD WAS
CLOCKED STARTING WITH THE FIRST PASS OF THE JETS OR SOMETIME
LATER. THE INTERVAL BETWEEN THE PLANE AND NAVAL ATTACKS
COULD HAVE BEEN SUBSTANTIALLY SHORTER, THEY BELIEVE.
THERE WAS ALSO THE POSSIBILITY THE TORPEDO BOATS WERE SOME
MILES FROM THE U.S. VESSEL WHEN THE JET ATTACKS BEGAN, SAW
THE ACTION FROM A DISTANCE, AND LOOSED THE TWO TORPEDOES
FIRED AT THE LIBERTY AS THEY CAME RACING UP TO JOIN THE ENGAGEMENT,
OFFICIALS SAID.
ONE TORPEDO STRUCK THE LIBERTY, A LIGHTLY ARMED WORLD
WAR II VICTORY SHIP OUTFITTED WITH THE LATEST ELECTRONIC
EQUIPMENT. IT REPORTED "EXTENSIVE BUT SUPERFICIAL DAMAGE
TOPSIDE AND SOME LOWER-DECK SPACES FORWARD DESTROYED," THE
PENTAGON SAID. IT WAS IN NO DANGER OF SINKING.3
President Johnson read the story almost as soon as it appeared
on the White House ticker and immediately called Secretary
McNamara. There was nothing plausible about the attack. The attack
was an outrage. Thirty-four Americans were dead. Many
wounded. The attack was inexcusable and was not to be brushed off
lightly by anyone in the United States government.4
Phil Goulding dictated and quickly cleared the following statement:
We in the department of Defense cannot accept an attack upon a clearly
marked noncombatant United States naval ship in international waters
as "plausible" under any circumstances whatever.
The implication that the United States flag was not visible and the
implication that the identification markings were in any way inadequate
are both unrealistic and inaccurate.
The identification markings of U.S. Naval vessels have proven satisfactory
for international recognition for nearly 200 years. 5
3. See Goulding, Confirm or Deny, p. 123, for an account of the circumstances of the story.
4. Goulding, p. 123, and wire-service stories.
5. Goulding, p. 124, and wire-service stories.
The ship's mission became an issue in Washington when the press
quoted an officer on America as saying: "To put it bluntly, she was
there to spy for us. Russia does the same thing. We moved in close
to monitor the communications of both Egypt and Israel. We have
to. We must be informed of what's going on in a matter of seconds."6
Messages came out of the Pentagon telling everyone to pipe down.
"No comment" was the only acceptable answer to questions about
spying.
Somehow failing to get the word, Vice Admiral Martin, when
asked about Liberty's mission, gave the answer that governments
always give to such questions: "I emphatically deny she was a spy
ship," he said.7
Finally, in an effort to maintain some credibility and to avoid
conflicting stories, McNamara clamped a news lid on all Liberty
stories until the official Court of Inquiry report could be published.
He asked the Navy to expedite the report and issued a statement that
read as follows:
Many rumors and reports about the attack have been circulating. The
Department of Defense has no evidence to support some of these rumors
and reports. Others appear to be based on partial evidence. Some appear
to be accurate on the basis of present information here, which is incomplete.
Until the Court has had an opportunity to obtain the full facts, the
Department of Defense will have no further comment. 8
This "intriguing piece of prose," as it was described by Fred
Farrar of the Chicago Tribune, was issued to everyone in or near the
Sixth Fleet. It became an order to be followed. Nothing was to be
said to the press. And with that order went the last hope of countering
the wildly inaccurate stories that were being circulated and
widely accepted.
On Sunday, Rear Admiral Isaac C. Kidd 9 came aboard Liberty with a small staff to head the Navy Court of Inquiry assigned to investigate the incident. I had seen this exceptional man operate and knew him for the tough, brilliant, personable and ambitious genius that he was. I remembered the blizzard of 1965, when the Pentagon was snowed in and virtually nothing moved in or around Washington. Isaac C. Kidd reported to his office as usual; he drove in behind a Navy snowplow.
6. Goulding, p. 124, and wire-service stories.
7. Goulding, p. 125; Norfolk Virginian-Pilot, June 11, 1967, p. A6; and wire-service
stories.
8. Goulding, p. 130; SECDEF message 141747Z June 1967.
9. Rear Admiral Isaac Campbell Kidd, Jr.: born 1919; U.S. Naval Academy, class of 1941;
promoted to rear admiral September I, 1964. A rapidly rising star, he would be promoted vice admiral October 1,1969, and to admiral December I, 1971. He retired from the Navy in
1978.
The admiral came to Liberty from the destroyer USS Barry before
dawn on Sunday morning. He moved into Lieutenant Commander
Dave Lewis's now-empty stateroom, next to the captain's on the 02
level and, after meeting Captain McGonagle and discussing the incident
briefly with him, removed the intimidating stars from his collar,
as was his custom, and circulated among the crew.
He had, of course, been instructed by his seniors to "keep everything
in perspective." Modem diplomacy simply does not permit one
to embarrass a "friendly" nation, even when that nation is caught
red-handed with its torpedo in one's ship. There are indications that
Admiral Kidd did not accept those orders easily, and there are
reports from an officer in Norfolk that he complained of the restrictions
placed upon him, but he was too much a part of the system not
to follow orders. And after all, this order came from the Commander-in-Chief,
the President of the United States, Lyndon B. Johnson.
One can suppose that President Johnson was also tormented by
the order, having so recently and so strongly reacted to the question
of the attack being "plausible." By now, though, the Department of
State had entered the picture, and the question of diplomacy and
"perspective," as Philip Armstrong had so clearly prophesied, overcame
the facts.
Admiral Kidd would be required to collect evidence, to screen
witnesses, to complete a report for the record; he would not be
expected to collect or publish a lot of embarrassing detail about wind
speed, identification markings, extent and duration of reconnaissance,
or intensity of attack, and he would not be expected to discuss
the fleet's failure to provide air protection. Such details would cause
untold diplomatic and political problems. So, before the formal court
interviewed Liberty sailors, it would be prudent for the admiral to
talk privately with the potential witnesses to learn what they might be expected to say and to decide who should be called to testify and
what questions they should be asked in court.
This process went on until the ship arrived in Malta. "Just
think of me as some old chief," he told the crew as he worked
his way quietly through the ship, chatting informally with small
groups of men. A few men were invited to the admiral's stateroom
for extended conversation. At this point the investigation
was casual and informal; all conversations were unofficial and
quite off the record.
****************
In Washington, meanwhile, officers and senior civilians who had
participated in Liberty's scheduling were summoned to an almost unprecedented
Saturday afternoon meeting. McTighe, Fossett,
Raven, Brewer and others were ushered into a smoke-filled room
occupied by shirt-sleeved men.
NSA SIGINT operations
Walter G. Deeley stared grimly from behind a pile of documents
at the head of the table. Deeley was a senior Defense Department
executive of "supergrade" rank, and he was clearly impatient with
the task that had been suddenly thrust upon him. "Can you write?"
he snarled. His eyeglasses hung askew on broken frames, giving him
a wild and cockeyed look, but Deeley seemed not to know or care.
"Well, damn it, write down some reasons for sending that ship out
there."
Fossett wrote. ''Liberty was sent to the eastern Mediterranean in
order to provide VHF and UHF communication coverage," he said.
"Good. Good. Line-of-sight comms. That makes sense," said
Deeley. "Now write why you needed that kind of coverage. Who
needed it? What for? Write it all down."
Deeley's group spent the weekend questioning everyone they
could find who had any connection with the decision to ask the Joint
Chiefs of Staff to divert Liberty to Gaza. When they were finished,
they had compiled a report more than two inches thick consisting of
statements, charts, background information, fold-outs and multicolored
transparent overlays. Prominently displayed on page one was
the message to JCS asking to have the ship moved away from the
contested coast.
Deeley's masterpiece discusses the technical reasons for sending
Liberty to Gaza in the first place and explains the decision to move
the ship away from the coast. The report establishes that Deeley and
his organization were not at fault; it does not discuss a cover-up of the circumstances of the attack-and Deeley's group seems unaware
of any cover-up effort.
A few hours after the group finished its work, the report was
reproduced on a rush basis in a Department of Defense print shop
manned by specially cleared lithographers, and was distributed on a
strict need-to-know basis to a small number of senior officials. Despite
repeated Freedom of Information Act inquiries, the government
has resisted acknowledging even the existence of this report.
****************
Captain McGonagle was regaining his strength and, while Admiral
Kidd slept, entertained a small group of visitors in his cabin. Recalling
that Dr. Kiepfer's supply of medicinal alcohol had been an
important morale booster in the hours following the attack,
McGonagle decided that his guests might appreciate some of the
same spirits.
Locating Dr. Kiepfer by telephone in the wardroom, he asked,
tongue in cheek, "Do you have any more of that medicinal alcohol?
I think you could prescribe some for our visitors to help them recuperate
from the rigors of their journey."
"Certainly, Captain," Kiepfer said. "Give me five minutes. I'll
bring it up to your cabin."
Kiepfer knew that the medicinal alcohol had long since been
consumed. Not one to be caught unprepared, he quickly rounded up
the empties (which he had been careful to preserve) and brought
them to a stateroom that had become a collection point for the many
unmedicinal spirits that had been turning up. Breaking the seal on
an imperial quart of brandy, Kiepfer carefully filled the tiny medicinal
alcohol containers. Then he restored the larger bottle to its hiding
place and gathered up the smaller ones, which the captain and his
guests could consume with clear conscience.
Only as he prepared to leave did he notice that the bunk was
occupied. Kiepfer had forgotten that this room was now assigned to
Admiral Kidd, who--driven suddenly to bed with a severe bronchial
infection-had quietly watched the entire operation.
****************
On Saturday, Papago recovered the body of a Liberty sailor that had
been swept through the hole in the ship's side. Other bodies were lost,
along with a more or less steady flow of paper, much of it presumed
to contain sensitive information. Men on both ships were detailed to watch for bodies or for paper, and at night Papago swept the water
with a searchlight. Although no more bodies were found, every so
often a large amount of paper would be seen leaving the ship, and
this would be reported to Papago by flashing light. Papago would
retrieve what it could, and what it could not retrieve it would try to
destroy by backing over it with the ship's screws.
On Sunday it was decided that if the hole could not be patched,
at least it should be possible to control what passed through it, and
for this effort the deck department officer, Ensign Lucas, and the
damage control officer, Ensign Scott, worked together. Four cargo
nets were located, each twenty feet square. Boatswain's mates laid
them out on Liberty's main deck and tied their edges together to
form one huge net forty feet square. Then the net was lowered over
the side and tied in place, with the top edge just below the water.
Finally, Bob Roberts and his divers from Papago spread the net so
that it covered most of the torpedo hole, and held it in place with
long lines that they carried under the ship and passed up to men who
waited on the port side.
With lines girdling the ship to hold the netting in place-already
nicknamed a "brassiere" by the crew-the ships resumed their slow
journey toward Malta. The netting was swept away almost as soon
as the ship reached speed, and it was cut loose to avoid catching in
the screws. No further attempts were made to cover the hole.
****************
Numerous musters of the crew were held, and somehow each muster
was different from every other muster. Men who had been reported
missing turned up hard at work in some distant repair party. Jeff
Carpenter, now aboard America for treatment, missed the list of
those transferred. No one remembered seeing him, and he was reported
missing, presumed dead; and in due course his wife received
a telegram from Washington, advising her of his presumed demise.
At about the same time she received another telegram, this one sent
by her husband from America, assuring her of his good health.
Confused and frightened, she placed a call to her congressman,
asking that he find out what was going on.
Presumably, other confused wives called their congressmen also.
Soon Liberty was besieged with angry messages from the Navy in
Washington, advising the ship of insistent congressional inquiries
and demanding a prompt and correct muster report.
Golden had had enough. Now he would take the most careful,complete muster in the history of the Navy. After advising the
captain of his intentions and obtaining his concurrence, Golden
stopped the ship in mid-ocean. He secured the main engines. He
secured every piece of equipment that required a man near it. He
called every man on the ship, assembled them in ranks on the main
deck, and had them kept there while he personally searched the
entire ship for the inevitable ignoramus who wouldn't otherwise get
the word. Finally satisfied that every man alive and aboard Liberty
was standing in rank on the main deck, he walked from man to man
with a clipboard and checked off each name.
****************
While Liberty steamed toward Malta, the Naval Hospital at Naples
was told to prepare for fifty wounded Liberty survivors. The hospital
staff promptly discharged all but the most needy patients in order to
make room for the new arrivals; except for two maternity cases and
one officer with jaundice, the hospital was emptied. Leaves were
canceled as doctors and nurses were put on special alert to await the
Liberty wounded.
America, however, had decided that most of the wounded could
be treated on board after all, and-without informing the hospital kept
all but six men in the ship. Four men with brain injuries were
sent to an Army hospital in Landstuhl, Germany, while a man with
a broken arm and I were sent to Naples for treatment; the rest stayed
in the carrier. Electronic Technician Barry Timmerman and I arrived
after dusk to find a fully staffed and nearly empty hospital eager
to care for us.
Separated from my traveling companion, I was placed in a private
room where I was fed, bathed and powdered, and introduced to
Barbara, Joyce and Felicity, who would be my nurses. The doctor
prescribed whiskey, which I drank. Lovely Australian-born Felicity
provided tender care. And my outlook began to improve.
****************
Tuesday evening, just hours before the ship's arrival in Malta,
McGonagle summoned Dr. Kiepfer to his cabin. "I'd like you to read
the statement I have prepared for the Court of Inquiry," he said.
Several pages long, the statement elaborated upon the report that
McGonagle had recited to Bennett on the day of the attack and that
had been sent by message to Washington. It contained the same
errors, the same omissions.
Although Kiepfer was unaware of the extent of pre-attack reconnaissance,
he clearly remembered numerous strafing runs extending
over a considerable period of time, and he knew the ship was fired
upon after the torpedo explosion. He knew that McGonagle had been
under incredible strain, that he was still sick and distraught-that he
was, in fact, still in pain and quite weak from wounds and from loss
of blood. No one man could be expected to recall the details of this
attack, least of all McGonagle, who was too busy reacting and
fighting to accurately report such abstract particulars as duration,
time, number, sequence and intensity.
Gently, Kiepfer tried to explain the discrepancies that he saw. And
McGonagle seemed not to hear. McGonagle did not take advice well
anyway, particularly from junior officers, and he did not accept
Kiepfer's version of the attack. After all, Kiepfer spent most of the
battle below decks, treating wounded men. McGonagle had already
reported his version of the incident by message, and he was not going
to change the story now. Kiepfer wondered why he had been called.
In the ensuing conversation it became clear that McGonagle was
worried: "I want you to remember that Admiral Kidd is not coming
here to give us medals," he said. "I don't know what we did wrong,
but if they look hard enough they can find something. We don't have
to help them. I'm going to answer their questions and no more, and
I don't expect you to do any more than that."
During the evening he had a similar conversation with Lieutenant
Golden. Like Kiepfer, the engineer officer suggested tactfully that
the attack had involved more than the six strafing runs and single
torpedo that McGonagle described, but the captain insisted that his
report was accurate. He would acknowledge no errors and would
consider no changes in his report.
During the next few days, McGonagle cautioned officers and key
enlisted men who might testify before the court. Once he assembled
a group of officers and chief petty officers in the wardroom and told
them, "Our best course of action is don't volunteer a thing. Answer
their questions, but don't tell them anything you don't have to tell
them."
McGonagle seemed tormented by the idea that he was somehow
responsible for the agony his ship and crew had suffered. Where had
he gone wrong? Should he have moved away from shore? Did the
presence of men in battle dress in the gun mounts cause Liberty to
appear hostile? Did the ship stray into Egyptian waters? Had he
trained the crew properly to handle emergencies? Had the crew
Cover-up - 137
responded properly to this emergency? Had he? Could he have saved
those men?
Thirty-four of his men were dead, but nearly three hundred were
alive despite an encounter with a force hellbent on murdering every
last man; and McGonagle's training, example, leadership and inspiration
had kept them alive.
This brave man, who had defied bullets, shrapnel and napalm, now
seemed worried that he might not have done enough. This man, who
had remained at his post under impossible conditions in a performance
that had saved his ship, now seemed concerned that he might
have done more. And apparently he feared the court that had come
to investigate.
****************
On Wednesday, the day Liberty arrived in Malta and the day the
Court of Inquiry convened in formal session, the hospital's executive
officer brought me a message from the Department of State. Israel's
ambassador to Italy wanted to talk with me. Would I consent to see
him?
I was the first Liberty officer ashore. The others were all either still
aboard the ship, or wounded and aboard America, or dead. I considered
the alternatives. If he came, he would no doubt convey condolences
and an apology. It would be inappropriate for me to accept
or reject an apology. Anyway, I was convinced that the attack was
deliberate, premeditated murder. And as a junior officer, I certainly
could not allow myself to be rude or angry to this man whose visit,
no doubt, was offered in good faith and in ignorance of the background
for the attack.
"No," I said.
****************
On Thursday, Jim O'Connor, Dave Lewis, Ensign Dick "Slippery"
Taylor (Liberty's supply officer), Seaman George Wilson and twenty
others arrived in Naples from USS America. Higher authority had
finally directed the carrier to send Liberty's wounded to shore-based
hospitals. Although the ship was probably capable of handling most
of them, the presence of a large number of wounded men in her
medical department impaired the ship's combat readiness, she was
told, so the men would have to go.
Now Naples became a battle scene. The hospital staff manned the
operating room more or less continually for two days as they extended the treatment of our scraggly group. Most of the men were
ambulatory. Many were in pain. Some wanted to return to our ship,
but few were allowed to do so. And three men with large bleeding
wounds who had convinced America's doctors that they were in
good health had been ordered back to duty. These men were intercepted
at the local airport by the Naples Hospital medical staff, and
were reexamined and re-hospitalized.
To prevent unauthorized contact with the outside world, guards
were stationed at each door of the Liberty men's ward. If it became
necessary for a man to leave the ward, a guard went along.
Jim O'Connor became my roommate again. He was walking now
and feeling chipper. The large wound in his side was healing, and
he found that if he moved carefully, he could take a shower. With
a look of satisfaction, he walked gingerly from the room, toward the
showers.
He returned in pain, face ashen, biting his lower lip to control the
screaming. He leaned against the doorway, holding his side, then
lurched toward his bed, where he pulled his knees up toward his
chest and groaned. I called for a nurse.
"No, I can't call a doctor in surgery. No, I can't get anything for
the pain," announced an officious nurse, not Barbara, Joyce or Felicity.
The doctors were all in surgery and the nurses would not call
them.
Jim was in agony, and it seemed that nothing could be done until
all of the day's scheduled surgery was completed. Finally, after more
than four hours of unnecessary misery, a surgeon stopped to see him.
Recognizing the problem immediately, the doctor called a local Italian urologist in for consultation. This man confirmed the diagnosis.
Jim's kidney was riddled with shrapnel and probably would have to
be removed.
A few minutes later a Navy helicopter settled near a rear door of
the hospital, where Jim was loaded aboard for the short trip to the
local public airport. A military airplane was waiting. Later that
afternoon he joined other Liberty survivors at the Army hospital in
Landstuhl, West Germany, where, as predicted, the kidney was
removed. As at Naples, guards stood at each door of the Liberty
men's ward.
****************
Meanwhile, Liberty had arrived in Valletta, Malta, shortly after
sunrise on Wednesday, six days after the attack. She was accompanied by the destroyer Davis and fleet tug Papago, and spent most
of the day standing in the harbor. During the afternoon she was
moved into a dry dock.
The grim task of removing the remains of friends and shipmates
could only be done by the men who had worked there. That left
perhaps fifty men for the initial cleanup of the torpedoed spaces. For
security reasons, no one else was admitted to the compartment.
As water was pumped from the dry dock, Liberty settled heavily
on huge blocks previously placed on the dry-dock bottom; and as the
water level around her dropped, so did the water level within the
ship. From outside, nothing could be seen, as a previously placed
canvas awning effectively screened the torpedo hole in Liberty's side.
A group of sailors crouched in awe around the single interior
access to the space, the second-deck hatch through which so many
had so narrowly escaped only a few days before. For days they had
imagined what they would find here; now they saw, and no one was
prepared for the experience.
The ladder was still in place, but little more was recognizable. The
ladder these men had descended so many times had ended in a small
corridor, and leading from the corridor had been a number of doors
to the surrounding offices. No longer was there a corridor. The doors
and supporting bulkheads were gone. The several offices were now
one over sized compartment, and strewn wildly about were the
twisted sheet-metal bulkheads, desks, file cabinets and communication
equipment. All this was covered with a thick film of black oil
from ruptured tanks nearby. The smell of oil mixed with the stink
of death to suggest the horror within, but only the hardware could
be seen as the men surveyed the room from above. A body had been
pulled through the hatch shortly after the attack; another had floated
free and had been found by Papago in Liberty's wake. The men knew
that twenty-three of their friends were still here.
The odor was overwhelming. "Oh, bloody shit!" announced a
pink-faced seaman as he decided that he didn't want to be here.
"Oh, wow!" said another.
A man threw up. Another cried.
The group fell silent until a young sailor, more brazen than most,
stepped forward. "The longer we wait, the harder it will be," he said,
mounting the ladder.
"Careful! Slippery."
"No sweat," he said.
He wore overalls and gloves and his boot-camp marching shoes. Descending the ladder, he found firm footing near the bottom.
Clipped to his belt was a Navy-issue flashlight, which he now
removed to help survey the dimly lighted room, otherwise illuminated
only by light from the hatch and from the canvas-covered
torpedo hole.
He kept up a running commentary as he swept the room with his
flashlight. "This is gonna be hell! Oil is everywhere. Bulkheads all
down. Looks like half the stuff here is pushed into one comer. No
bodies that I can see. Must be under the equipment. Here's a desk.
On its side. Oh! OW! OH!"
He dropped the flashlight.
The men above could not see what frightened him as he stepped
back, slipped on the oily metal, scrambled to get his footing, slipped
again, and finally got a handhold on the ladder. Whining in uncontrollable
gasps, he scrambled up the ladder, hands and feet slipping
on oil in wild panic until he came within reach of the many arms that
extended from the hatch to help him.
Hoisted through the hatch, he stammered helplessly, unable to
speak. Finally, he crouched on deck with his head between his knees
and shivered. Then he cried.
"What the hell is down there?"
He couldn't answer. He could only sob.
It was a long time before anyone else braved the slippery black
hole to find out what was down there. The next man to try found
a shipmate, six days dead, fully clothed and impaled on some stray
pipe that held him, with toes just touching the ground, eyes and
mouth open, guarding the ladder. And overhead, caught in the pipes
and electrical wiring, a long-dead officer blankly surveyed the scene.
For several days these men worked continuously at their terrible
task. Secret papers and publications had to be sorted from the wreckage
and destroyed. Twisted steel plates, aluminum sheets and supporting
beams had to be cut away-usually by hand, because power
tools could not be used amid the inflammable oil. And the bodies of
shipmates had to be located, identified and, too often, assembled.
Officers and men worked together-the stink growing ever worse
in the June Maltese heat-and when it was done, three men, apparently
swept away and into the sea, could not be accounted for. Three
others could not be identified. These were eventually buried, along
with stray limbs and other unidentifiable parts, in a mass grave at
Arlington National Cemetery.
****************
Newsweek, meanwhile, published the following story:
SINKING OF THE LIBERTY: ACCIDENT OR DESIGN?
The Israeli attack on the naval communications ship U.S.S. Liberty has
left a wake of bitterness and political charges of the most serious sort.
First of all, the Liberty was no ordinary vessel but an intelligence-gathering
ship on a "ferret" mission. It carried elaborate gear to locate both
Israeli and Egyptian radio and radar and to monitor and tape all military
messages sent from command posts to the battlefield. Although Israel's
apologies were officially accepted, some high Washington officials believe
the Israelis knew the Liberty's capabilities and suspect that the attack
might not have been accidental. One top-level theory holds that someone
in the Israeli armed forces ordered the Liberty sunk because he suspected
that it had taken down messages showing that Israel started the fighting.
(A Pentagon official has already tried to shoot down the Israeli claim of
"pilot error.") Not everyone in Washington is buying this theory, but
some top Administration officials will not be satisfied until fuller and
more convincing explanations of the attack on a clearly marked ship in
international waters are forthcoming. 10
10. Newsweek, June 19, 1967.
This report, circulated even before Kidd's court convened in formal
secret session, seemed to indicate that the administration was
not entirely complacent about the "mistaken identity" claims coming
from Israel and echoed in the Pentagon. Liberty officers rejoiced
when they read it. It seemed to us to be the most perceptive paragraph
yet written on the subject. It personally rankled Israel's General
Yitzhak Rabin ("General Rabin has never been so angry," a
senior Israeli officer informed the U.S. naval attache), and it drew an
immediate reaction from the government of Israel:
Such allegations are just malicious. Such stories are untrue and without
any foundation whatever. It was an unfortunate and tragic accident
which occurred in an area where fierce land and air fighting took place
in recent days.
Philip Goulding (Confirm or Deny) describes the final sentence of
that reply as "typical of Israel's casual attitude toward the episode,
an attitude which suggested from the beginning that it was really our fault for being there in the first place." Indeed, it was more than a
suggestion. As we shall see, messages from Israel directly charged
that a share of the blame was McGonagle's for being there at all,a
presence which, Israel said, demonstrated a "lack of care" and
contributed to Liberty's identification as an enemy ship.
A few days after the Newsweek story, the Shreveport Times suggested
in an emotional editorial that our government was involved
in a cover-up and-in a fresh slant on the motive of the attackers that
the attack itself may have been conducted to prevent the ship
(and the United States) from prematurely detecting the pending
invasion of Syria:
The tragic and vicious attack is becoming more and more shocking daily
as hitherto covered-up details become public. What adds to the shock is
that much of the cover up has been made more by Washington than by
Israel.
Almost as shocking as the attack itself has been the manner in which
Washington---especially the Defense Department-has seemed to try to
absolve Israel from any guilt right from the start. Some of these efforts
would be laughable but for the terrible tragedy involved.
But there are some 34 American mothers and fathers, perhaps also
wives and children of those 34 American sailors who died in a reckless
tragedy for which not an iota of logical excuse has been made public so
far by Israel or Washington. Yet, in the Pentagon, various so-called
excuses have been "slipped" to the communications media reporters,
ranging from "the sun was in the eyes of the torpedo boat captain"; "it
was mistaken identity"; "it was a still day and the flag may have hung
limp" (the Liberty captain says it was unfurled) to "they probably
thought the Liberty was Egyptian."
When the Pentagon announced the attack on June 8, it stated without
qualification that the attack was by mistaken identity, that Israel had
apologized, that the U.S. had accepted the apology. In other words, it
was all over. Too bad about the dead and their families. Just forget it all.
There may be significance to the timetable of what was going on in Tel
Aviv, in Washington and in the United Nations at New York as the
Liberty arrived at its East Mediterranean post, and on the day it was
attacked, and on the day after it was attacked. For example:
June 7: The Liberty took up its post off the Sinai Peninsula. In New
York, Foreign Minister Abba Eban of Israel, who has rushed to New
York from Tel Aviv to tell Israel's case to the world through the U.N.,
was proclaiming that "only Israel has accepted the U.N. cease fire mandate."
Later developments showed that even as Abba Eban spoke, Israel
was massing columns of tanks, sizable forces of mechanized infantry, and squadrons of jet warplanes on the Syrian border for invasion of Syria.
Israel had shut down Government House in Jerusalem, the U.N.'s
Middle East headquarters for its observers. Thus, the U.N. Security
Council was barred, by Israel, from getting the truth from its own Middle
East observers about cease fire progress or observance. There was no
normal way for the U.S. or the U.N. to learn of the military buildup at
the Syrian border; except that the Liberty now was only 15 miles offshore
from Egypt and Israel and only 90 miles from Tel Aviv.
June 8: The Liberty was put out of action by Israel.
June 9: Israel invaded Syria, an act that was almost as big a shock to
the world as the war itself.
Whether this timetable is meaningful or meaningless we do not know.
Only Washington and Tel Aviv can say. But the American people especially
the families of American sailors so pitifully and ruthlessly slain
-have a right to know who ordered the attack on the Liberty. The ship's
senior crewmen testified they believed the attack was by intent in full
knowledge that the ship was American. 11
11. The Shreveport Times, July 18, 1967.
The Shreveport Times editorial was typical of widespread demands
for a better explanation of what happened to the ship. What
set the Times apart (aside from its choleric tone) was that this was
the first public speculation on a specific motive for the attack.
As we shall see, evidence suggests that the Shreveport Times was
correct: Liberty was indeed attacked to prevent her from detecting
and reporting preparations for the Syrian invasion. For that aspect
to be explored, Liberty crewmen would have had to talk freely and
openly with the press. And few Liberty crewmen ever got that
chance.
Sailors were reminded daily-by their division officers, by notes in
the ship's Plan-of-the-Day, and personally by Admiral Kidd in meetings
he held before arrival in Malta-that nothing could be said to
the press: "Refer all questions to the commanding officer or executive
officer or to Admiral Kidd. Answer no questions. If somehow
you are backed into a comer, then you may say that it was an
accident and that Israel has apologized. You may say nothing else."
When reporters approached the ship for interviews, they were told
that nothing could be said until the Court of Inquiry had completed
its work. Once the report was published, the Navy said, the blackout
would end and the men would be free to talk to the press. But this
was not to be.
Chapter 10
THE COURT OF INQUIRY
While COMSIXTHFLT supposedly had [Liberty] under his
operational control, this was a misnomer. Her movements
were not being directed by COMSIXTHFLT but by the JCS
in view of her recognized high risk mission.
Statement for Court of Inquiry by Deputy Chief of Staff,
Commander-in-Chief, u.s. Naval Forces, Europe
A Navy Court of Inquiry is a formal fact-finding body convened
to investigate an incident involving substantial loss of life or possible
significant international or legal consequences. Its purpose, says the
Navy's governing directive, is to "formulate clearly expressed and
consistent findings of fact [in order to] inform authorities of the
Department of the Navy fully and concisely as to the incident, its
causes, and the responsibility therefor." It is an administrative, not
judicial, body; its report is purely advisory.
The Court of Inquiry into the USS Liberty attack was convened
at the direction of Vice Admiral McCain at his headquarters in
London. Admiral McCain, in a letter to Admiral Kidd dated June 10,
1967, charged Kidd to "inquire into all the pertinent facts and circumstances
leading to and connected with the armed attack; damage
resulting therefrom; and deaths of and injuries to Naval personnel."
The court consisted of Kidd as president and Captains Bernard J. Lauff and Bert M. Atkinson as members. Assigned as counsel to the
court was Captain Ward M. Boston, Jr., a Navy legal officer. Assistant
counsel was Lieutenant Commander Allen Feingersch, a thirtyfour-year-old
surface-warfare officer. Chief Petty Officer Joeray
Spencer was assigned as recorder.
The first crew member was examined in the Liberty wardroom
immediately after breakfast on June 14 while the ship rested at
anchor in the Malta harbor. Ensign David Lucas testified for nearly
three hours, providing vivid recollections of events on and around
the bridge during much of the attack, but his recollections grew hazy
and seemingly contradictory when questioned about the sequence of
events. Despite persistent questioning by Kidd, Lucas was unable to
estimate how much time passed between the torpedo explosion and
the offer of help, and could not recall whether or not the ship had
been fired upon during that period. To Lucas, much of the chaos on
the bridge was a timeless, disordered blur; although he recalled the
details, he could not fit them into an orderly chronology.
Next to appear was McGonagle, who testified for about six hours
on June 14 and 15, filling thirty-seven pages of legal-size transcript
in the official record of the proceeding. McGonagle described the
ship's mission, her operating orders, her location in international
waters and the navigational situation. He told the court of the ship's
hasty departure from Abidjan and of her transit across the Mediterranean
Sea. He described the normal operating routine of the ship,
told of the type of reconnaissance ordinarily experienced, and alluded
to an incident in which a minor African dictator had once
attempted to board the ship by force. He described the preattack
reconnaissance in some detail. Like Lucas, he provided lucid descriptions
of the situation as seen from the bridge during battle; unlike
Lucas, he professed nearly total recall. Inexplicably, many of his key
recollections were wrong.
In direct examination by the court, McGonagle testified:
During the 0800 to 1200 watch on the morning of 8 June, at about 1030,
a flight of two unidentified jet aircraft orbited the ship at about 10,000
feet, three times at a distance of approximately two miles. It was not
possible to identify any insignia on the aircraft and their identity remains
unknown. [McGonagle also described a small patrol plane seen during
the morning flying along the coast at an altitude of about 500 feet.] At
about 1056 ... an aircraft similar to an American flying boxcar crossed
astern of the ship at a distance of three to five miles, then circled the ship . . . and headed back toward the Sinai Peninsula. This aircraft
continued to return in a somewhat similar fashion approximately at 30
minute intervals. It was not possible to see any markings on the aircraft
and [its] identity remains unknown. This aircraft did not approach the
ship in any provocative manner.1
Portions of a statement I signed in Naples were read to the court
in the presence of Captain McGonagle:
The flying boxcar was usually close enough that I could see the pilot. It
had a Star of David under one wing. On at least one occasion the Captain
was on the bridge as the airplane passed directly overhead at very low
level. We stood together as we saw it approaching. The Captain said, "If
you see those bomb bay doors start to open, order an immediate hard
right turn."2
"Captain McGonagle, can you account for the differences between
your testimony and the statement by Lieutenant Ennes?" the court
asked.
"No, sir, I cannot, except that I would like to point out that the
statement is inconsistent with my own testimony before this court,
and it is not confirmed in the ship's logs."
This ambiguous reply went unquestioned. Lookouts, gunners and
bridge personnel who could have described the pre-attack reconnaissance
were not asked to testify, and I was never advised of the
challenge to my story or asked to explain the discrepancies. 3
1. All of McGonagle's testimony (here condensed) is taken from the twenty-eight-page officially released Unclassified Transcript of Testimony and Summary of Proceedings of Navy Court of Inquiry into the Attack on USS LIBERTY.
2. This statement is reconstructed from memory and cannot be found in any of the court records that have been released.
3. This exchange was described to me by a ship's officer. It cannot be found in any available record of the Court of Inquiry.
****************
McGonagle described the onset of the attack:
About 1400 lookouts ... reported ... jet aircraft ... in the vicinity of
the ship .... I went to the starboard wing of the bridge ... and there
observed one aircraft . . . similar . . . to the two aircraft which were
sighted earlier in the day and upon which a sighting report had been
submitted. The relative bearing of this plane was about 135, its position angle was 45 or 50 degrees, its elevation approximately 7,000 feet, and
it was approximately five to six miles from the ship.
The airplane could not have been in the position McGonagle says,
because McGonagle has described an impossible triangle; his report
is in error by perhaps 300 percent. If the airplane was about 45
degrees above the horizon, as McGonagle says, then its altitude and
its distance over the water from the ship must have been nearly
identical. Other errors, not so easy to demonstrate but of similar
magnitude, exist throughout his testimony.
The reader will recall that the first report of approaching aircraft
was made by radar operators who detected high-performance aircraft
at sixteen miles, bearing 082°. As the aircraft faded from the
surface-search radar screen they were replaced by surface craft,
again reported by radar operators at sixteen miles, bearing 082°.
Lloyd Painter, as officer of the deck, also spotted the boats on radar
and summoned the captain to see: "Captain, you gotta look at this!
I never saw anything move so fast."
Then came the report from the radar operators that the boats were
approaching at thirty-five knots. At that speed they would be alongside
in about thirty minutes-time for the aircraft to disable Liberty
before the torpedo boats arrived to finish her off.
The fact that the boats and the aircraft approached from the same
direction at ideal intervals to deal a fatal one-two body blow smacks
of a planned, coordinated attack-which is exactly what it was. But
no such testimony was published by the Court of Inquiry.
****************
McGonagle's testimony continues:
Within a couple of minutes a loud explosion [came] from the port side
of the ship. I immediately ordered the general alarm to be sounded, and
this was done .... two 55-gallon gasoline drums ... were burning
furiously. [Moments later] the ship received an apparent bomb hit in the
vicinity of the whaleboat stowed on the ... starboard side, immediately
aft of the bridge. Mr. Armstrong, Mr. O'Connor and others in the bridge
area were thrown back into the bridge and other personnel in the pilot
house were blown from their feet.
As I have described earlier, the initial attack, in which I was
wounded as I stood on the ship's highest deck stupidly facing the approaching aircraft, hammered Liberty with at least two to three
dozen rockets. The rockets arrived in staccato fashion, peppering the
ship with rapid-sequence explosions, lifting the gunners bodily from
the gun tubs, tossing them into the air, and only incidentally causing
an explosion in the motor whaleboat. The gasoline explosion did not
occur until the arrival of the second airplane, and by that time
O'Connor was already wounded and so bloodied and helpless that
some of the crew thought he was dead.
The captain continues:
It seemed to me that the attacks were made in a criss cross fashion over
the ship, with each attack coming at approximately forty-five second to
one minute intervals. . . . It is estimated that the total air attack was
completed in approximately five to six minutes.
Those of us who were moving about the ship during the air attack
know that no mortal could do so many things or be in so many places
in five or six minutes; for example, Dr. Kiepfer and Corpsman
Thomas VanCleave completed several surgical procedures during
the air attack. Judging the duration of the attack from the work done,
Kiepfer first guessed that the air attack lasted for an hour.
In the latter moments of the air attack, it was noted that three high speed
boats were approaching the ship from the northeast on a relative bearing
of approximately 135 at a distance of 15 miles .... It is believed that the
time of initial sighting of the torpedo boats was about 1420. The boats
appeared to be in a wedge type formation with the center boat the lead
point of the wedge. Estimated speed of the boats was about 27 to 30
knots.
Nowhere in the published testimony are we told that the boats
were first detected by radar, approaching in a high-speed attack
formation, moments before the first air strike.
It appeared that they were approaching the ship in a torpedo launch
attitude, and since I did not have direct communication with gun control
or the gun mounts, I told [Seaman Apprentice Dale Larkins] to proceed
to Mount 51 and take the boats under fire
....
About this time I noticed that our Ensign had been shot away during
the air attack and ordered [Signalman Russell David] to hoist a second
The Ensign from the yardarm. During the air attack, our normal Ensign
was flying. Before the torpedo attack, a holiday size ensign was
hoisted
....
When the boats reached an approximate range of 2,000 yards, the
center boat of the formation was signaling to us .... it appeared that they
were flying an Israeli flag.
McGonagle must have been mistaken about sighting the Israeli
flag at this point in the attack. For one thing, it would have been
practically impossible to identify a tiny and wildly fluttering Star of
David a mile away, particularly since any flags displayed by the
torpedo boats would have streamed back, away from McGonagle
and out of his line of sight.
I yelled to machine gun 51 ... to hold fire [but] the man ... fired a short
burst at the boats before he was able to understand .... [Then] machine
gun 53 began firing at the center boat. ... At this time, they opened fire
with their gun mounts and in a matter of seconds, one torpedo was noted
crossing astern of the ship at about 25 yards. . . . without advance
warning, the ship sustained a torpedo hit and took a 9 degree list to
starboard .... The explosion caused the ship to come dead in the water.
Steering control was lost. All power was lost. Immediately, I determined
that the ship was in no danger of sinking and did not order any preparations
to be made to abandon ship. It was my intention to ground the
ship on shoal waters to the left of the ship's track to prevent its sinking
if necessary.
Liberty men recall very clearly that the order was given to prepare
to abandon ship. That order was passed by messenger, by sound powered
phone, and where it still worked, over the ship's general
announcing system. In Main Engine Control, Lieutenant Golden
received an order from the bridge to "disable the main engines and
scuttle the ship." Elsewhere, orders came from the bridge to "demolish
ship," and in the ship's log the entry was made, "1433-demolishion [sic] bill in affect [sic]."
****************
McGonagle continues:
Immediately after the ship was struck by the torpedo, the torpedo boats
stopped dead in the water and milled around astern of the ship at a range
of approximately 500 to 800 yards. One of the boats signaled by flashing
150 - Assault on the Liberty
light, in English, "Do you require assistance?" We had no means to
communicate with the boat by light but hoisted CODE LIMA INDIA [a
flag-hoist signal meaning "I am not under command," not able to control
movements of the ship]. The signal intended to convey the fact that the
ship was maneuvering with difficulty and that they should keep clear.
In perhaps his only departure from 100 percent acceptance of
McGonagle's testimony, Kidd did not support McGonagle's claim
that the boats offered assistance "immediately," even though this
timing tallied closely with a report from the government of Israel
that assistance had been offered and refused at 1427; instead, Kidd
concluded as a Top Secret "Finding of Fact" that the offer came
from the boats "thirty minutes after attacking."4 Even that finding
is wrong, however. As we have seen, the flashing light and megaphone
offer of assistance did not come until 1632, nearly two hours
after the torpedo explosion. Much of the intervening time was spent
machine-gunning our sailors as they attempted to extinguish the
many still-raging fires; machine-gunning our life rafts, which had
been put in the water in response to orders to prepare to abandon
ship; and occasionally just drifting about with the engines apparently
stopped, waiting for Liberty to sink.
4. Israel's claim to have offered help at 1427 corresponds exactly with McGonagle's initial message report that the torpedo attack occurred at that time. Actually, of course, the torpedo explosion came eight minutes later, and McGonagle, after correcting for clock error apparently caused by rocket explosions, eventually changed his report to read 1435. One suspects that Israel selected 1427 after reading McGonagle's initial report, which was broadcast in the clear on an uncovered radio circuit.
McGonagle is an authentic hero of rare courage. He testified under
tremendous strain; he was ill, weary, grief-stricken and apparently
worried that he might be charged with some as-yet-unidentified
offense. We don't know, perhaps we will never know, why his testimony
is so wide of the mark. I belabor his testimony here not to
diminish McGonagle-his stature is assured-but to demonstrate
that much of what he said is obviously wrong and that his errors
should have been clear (and must have been clear) to the Court of
Inquiry.
****************
Following the McGonagle interview, the court held rather limited
interviews with twelve other Liberty officers and crewmen, finally
reinterviewed McGonagle briefly to receive some records they had
asked him to gather, and then adjourned on June 15 to return to
London after two days of formal session aboard ship. Men who
testified told me later that they felt deeply frustrated by the court's
apparent lack of interest in details of the attack, its duration, intensity,
the extent of pre-attack surveillance and the like. Most of the
ship's officers, once they realized the shallowness of the questioning,
dismissed the inquiry as "whitewash."
One officer whose testimony strayed repeatedly into areas not
directly asked about was removed from the courtroom and privately
reprimanded. "You are to answer the questions asked by the court
and you are to say nothing else," he was told. "If testimony is desired
in other areas, you will be asked about those areas." Another officer
who left the narrow path that the questioning took was warned, "We
don't want to hear about that."
What questions did the court ask? Little that might conflict with
McGonagle's testimony. Nothing that might prove embarrassing to
Israel. And testimony that did conflict with McGonagle or that
tended to embarrass Israel was covered with a "Top Secret" label,
if it was accepted by the court at all.
For instance, while McGonagle told the court that no order was
given to prepare to abandon ship, Painter reported that such an order
was given; Painter's testimony was ignored and no further questions
were asked on that subject. After McGonagle described the air attack
as having lasted five minutes, Painter and Thompson told the court
that it lasted twenty to thirty minutes; their testimony was ignored
and other crew members were not asked about the duration of the
attack.
When the ship's radiomen reported the apparent jamming of Liberty's
radios, their testimony was classified "Top Secret" and was not
followed up. Here was strong evidence that the attack was planned
in advance and that our ship's identity was known to the attackers
(for it is practically impossible to jam the radio circuits of a stranger),
but this information was hushed up and no conclusions were drawn
from it.
Several witnesses were asked about the flag. Scott testified that the
flag was clearly displayed in the wind during his early morning watch
and that he used it to help determine the wind direction; Lieutenant
"Mac" Watson testified that he saw the flag flying during the noon hour
reconnaissance and observed that it was extended in a breeze;
Painter described the flag he saw in the morning when he came up
to look at a reconnaissance airplane; Golden told the court that he saw the flag standing out in a breeze during the noon hour while
reconnaissance aircraft flew over the ship; I filed an affidavit with the
court in which I swore that the flag stood out all morning, clearly
displayed in eight knots of wind; the ship's weather log recorded the
precise wind reading each hour, proving positively that the relative
wind was eight knots or more for most of the morning and was
twelve knots shortly before the attack. And while the court was still
in session, Kidd received a report that Israeli Defense Force aircraft
had been heard reporting by radio to a ground station that they had
made two or three identification passes over a ship that displayed an
American flag-a ship which -can only have been USS Liberty. All
this evidence was ignored or classified "Top Secret," and was thus
kept from public knowledge.
While several witnesses were anxious to establish for the record
that napalm was used on Liberty, they found it difficult or impossible
to testify about napalm. Ensign Lucas collected some jellied green
goo from an unexploded napalm canister and presented it to the
court in a medicine bottle. This the court accepted, although they
seemed to Lucas to be oddly disinterested in it. The court did question
Dr. Kiepfer about napalm bums among the survivors, but this
exchange and the few other ambiguous references to napalm were
classified "Top Secret" and thus kept from public knowledge.
Dr. Kiepfer, commissioned as a lieutenant after medical school,
had been on active duty for less than nine months, and he was as
unawed by brass as he was by the proceeding. "No one came to help
us," he told the court. "We were promised help, but no help came,"
he said. "The Russians arrived before our own ships did," he told
Admiral Kidd. "We asked for an escort before we ever came near
the war zone, and we were turned down," he said.
The court bristled. This was not a line that the court intended to
explore, and they told him so. "You will stick to the line of questioning,
Doctor," Kidd snapped to end an exchange that is not to be
found in the transcript. As with the others, Kiepfer was asked little
that might conflict with the captain's testimony, and when he was
finished he was told, as was each man who testified, "I am proud to
be wearing the same uniform that you wear."
Other officers were asked about the state of readiness of the ship,
the performance of the crew during the battle, the amount of training
ordinarily conducted aboard Liberty, the attitude of the captain
toward training. They were asked little more.
"Do you feel that Captain McGonagle permitted sufficient training in damage control procedures?" they were asked. "Did the crew
respond expeditiously to drills?"[5]
Soon after the attack, Israel had offered a preliminary report of the circumstances. The message, telephoned to the embassy by Israel's Lieutenant Colonel Michael Bloch and copied verbatim by Commander Castle, read as follows:
1. Ship was sighted and recognized as a Naval ship 13 miles from coast.
2. Presence in a fighting area is against international custom.
3. The area is not a common passage for ships.
4. Egypt had declared the area closed to neutrals.
5. LIBERTY resembles the Egyptian supply ship EL QUSEIR.
6. Ship was not flying flag when sighted and moved at high speed westward toward the enemy coast.
7. Israeli Defense Force Navy had earlier reports of bombardment of EI Arish from sea.6
5. McGonagle was a true believer in drills and training. If anything, the men and some of the officers thought he was a nut on the subject. Before our arrival at Abidjan, for example, the crew spent many hours practicing emergency procedures to be taken in case the ship lost rudder control from the bridge-a typical McGonagle precaution in preparation for a difficult and narrow harbor. Then there were damage control drills, gunnery exercises, engineering exercises, lifeboat drills, man overboard drills. The men quickly became expert at every one of these drills while the suspicion grew that McGonagle was a bit daffy about training. The issue became clear on June 8. More than anything else, it was McGonagle's leadership and McGonagle's training that enabled the ship and most of the men to survive.
6. United States Defense Attache Office, Tel Aviv, Secret message 091250Z June 1967
Castle was already disenchanted with Israeli slowness of response to his queries, and was clearly not satisfied with this sketchy and evasive explanation. He pressed Bloch for a title for the report, and when Bloch could not supply one, urged him to call back. Soon Bloch called to provide "Further Information on Yesterday's Incident with the American Ship" as the official authorized title.
Castle promptly forwarded copies to the White House, State Department and other top government offices, and added his own observations: ALUSNA [naval attache] cannot understand how trained professional Naval Officers could be so inept to carry out yesterday's attack. Certainly IDF [Israeli Defense Force] Navy must be well drilled in identification of Egyptian ships. EL QUSEIR is less than half the size, is many years older, and lacks the elaborate antenna array and hull marking of LIBERTY. ALUSNA evaluates yesterday's erroneous attack resulted from trigger happy eagerness to glean some portion of the great victory being shared by IDF Army and Air Force and which Navy was not sharing.7
The Israeli government must have been desperate for a scapegoat to have singled out El Quseir. The entire Egyptian Navy consisted of a few converted Soviet and British destroyers, frigates and submarines, some minesweepers, several boats, two yachts and a single transport-El Quseir. An unlikely wartime threat, thirty-eight-year old El Quseir was a coastal transport outfitted to pack up to four hundred men and forty horses into her 275-foot hull for short hauls. Very short hauls, one would hope. She was not a combat vessel, would have had a tough time unloading anything near EI Arish, and was in such poor shape that she would soon be sold for scrap. Certainly she was an unlikely suspect for the fancied "shelling from the sea" of EI Arish. No one could pretend that Liberty was mistaken for a destroyer, a submarine or the former royal yacht, so she would simply have to be mistaken for El Quseir, which was, after all, the only scapegoat around. 8
7. Ibid.
8. Israeli intelligence officers doubtless were aware that EI Quseir was nowhere near EI Arish. Early in 1976, John Scott (Liberty'S damage control officer) wrote to the embassy of the Arab Republic of Egypt on my behalf to ask the whereabouts of EI Quseir on June 8, 1967. Several months later Major General Mohamed A. Abou Ghazala advised by letter and confirmed by telephone that EI Quseir was in port in Alexandria throughout the Six Day War. Alexandria is about 250 miles from El Arish, or about twenty-four hours steaming for aging EI Quseir. In an environment so hostile that even the Egyptian guided missile patrol boats were kept safely at their berths, no one could suppose that EI Quseir would be sent near the Israeli coast.
Castle's report reached Kidd even before the court convened, and
became part of Exhibit 10 of the Top Secret court record, along with
a number of messages that Kidd had copied from the files of the
Navy headquarters in London.
In the ensuing message traffic, our government reminded the government of Israel that Liberty had been fully identified by Israel at least six hours before the attack, and the Israeli government agreed. The information, Israel claimed, simply failed to reach the operating forces-and the officers in the war room who were aware of Liberty's identification and location failed to connect Liberty with the ship that they attacked. The Israeli statement, then, that the ship was "sighted and recognized as a Naval ship" meant that it had been identified as a United States naval ship. And although Kidd was aware of this critical fact and held copies of many of the pertinent messages, the information was ignored and did not warrant comment among his ultimate findings.
On June 15 Kidd received a report from the American embassy of an interview with an Israeli naval officer who was aboard one of the attacking torpedo boats. The officer claimed that the torpedo boats had assumed Liberty to be an enemy and joined in the attack because they saw her under attack by Israeli warplanes. Interestingly, his story contradicts Israel's "official" excuse, which was to come out a few days later. In that excuse, Israel would claim that the aircraft attacked because they were called in by the torpedo boats. Neither Kidd nor anyone else in government ever commented publicly on these stories or their credibility.
Also known to Kidd was a threat made some months before by the Israeli Air Force chief of intelligence. When a U.S. Navy aircraft accidentally penetrated Israeli air space, the Israeli officer suggested that "next time [he] might have to attack the plane or ship." Although Israeli officers dismissed the remark as facetious, Americans did not find it amusing. The remark was discounted by the Court of Inquiry and no comment was made concerning it.
While Kidd's court was in session, the government of Israel ordered its own Court of Inquiry, assigning the task to Colonel Ram Ron, a former Israeli military attache to Washington. When the report was completed, Commander Castle was summoned to the Israeli Foreign Liaison Office where Lieutenant Colonel Efrat, an aide to Israel Defense Force Chief of Staff Rabin, translated the main points from the Hebrew text and read them aloud. Castle copied verbatim from the oral presentation, here condensed and paraphrased:
• EI Arish was erroneously reported to have been shelled from the sea. (The erroneous report, it turns out, came one full day before Liberty arrived on the scene.)
• Torpedo boats, belatedly sent to investigate the erroneous shelling report, erroneously reported Liberty to be moving at thirty, knots (when it was actually making only five knots).
• Israeli gunnery doctrine (unwisely, Ron conceded) allows Israeli forces to open fire on unidentified ships moving faster than twenty knots near a bombarded shore.
• Since the foregoing errors marked Liberty as an "enemy" ship, the torpedo boat commander radioed ashore for an air strike on the ship.
• A dubious I.D.F naval operations section questioned the report that the ship was moving at thirty knots, whereupon the torpedo boat commander rechecked and erroneously verified Liberty's speed as thirty knots.
• "Even the officers who knew of the identification of LIBERTY early the same morning did not connect LIBERTY with the unidentified ships said to be shelling EI Arish," said Ron. "Even if the unidentified ship were thought to be LIBERTY, the fact that she was reported to be making 30 knots would have denied the identification since, when LIBERTY was identified in the morning, her max speed was determined to be 18 knots."
• Satisfied, the shore forces called the air strike.
• Upon completion of the air strike, Israeli torpedo men erroneously identified Liberty visually as Egyptian supply vessel El Quseir (whose top speed was known to be fourteen knots or less), noted that the ship appeared to be firing upon them, and commenced cannon and torpedo attack.
• "LIBERTY," said Ron, "made a grave additional mistake not less decisive than mistakes made by the Israeli Defense Force .... the American ship acted with lack of care by approaching excessively close to the shore in an area which was a scene of war and this at a time when it was well known that this area is not one where ships generally pass, this without advising the Israeli authorities of its presence and without identifying itself elaborately. Furthermore, it appears that the ship made an effort to hide its identity, first by flying a small flag which was difficult to identify from a distance; secondly by beginning to escape when discovered by our forces, and by failing to identify itself immediately by its own initiative by flashing light, and by refusing to do so even when asked by the M.T.B's. From all this [the investigating officer] conclude[s] that the ship LIBERTY tried to hide its presence in the area and its identity both before it was discovered and even after having been attacked by the Air Force and later by the Navy, and thus contributed decisively toward its identification as an enemy ship."
• Ron found: "It is concluded clearly and unimpeachably from the evidence and from comparison of war diaries that the attack on USS Liberty was not in malice; there was no criminal negligence and the attack was made by innocent mistake."9
9. United States Defense Attache Office, Confidential message 181030Z June 1967.
Efrat could not help noticing Castle's look of surprise and incredulity, and when he finished reading, asked Castle his "off the-record" opinion of the findings. Although Castle did not answer, his forwarding message told the White House of the question and added:
.•. ALUSNA pretended he had not heard the question and thanked the Colonel for his time. The burden of diplomacy bore heavily on ALUSNA whose evaluations are:
A. The standing order to attack any ship moving at more than 20 knots is incomprehensible.
B. . .. If the "thirty knot ship couldn't have been LIBERTY," it follows that it could not have been EL QUSEIR.
C. That a professional Naval Officer could look at LIBERTY and think her a thirty knot ship is difficult to accept.
D. Smoke which covered LIBERTY and made her difficult to identify was probably a result of the I.D.F Air Force attacks.
Colonel Ron's Court of Inquiry report is clearly unsatisfactory. It is evasive and seems carefully contrived not to explain what happened, but to shift the blame to McGonagle. The report should have been returned to Israel with a demand for a better explanation. The Israeli investigation, in the first place, should have been conducted by a flag officer. Indeed, the circumstances cry out for a flag officer. Colonel Ron was required to investigate the performance of forces commanded by officers considerably his senior-a situation virtually guaranteed to produce a finding of no fault. No one could have been surprised when this relatively junior Army officer concluded that the Israeli Navy had made several unprofessional (but noncriminal and nonnegligent) errors, and that everyone else involved in the attack was blameless. And more important, his story has a fatal flaw: the motor torpedo boat commander could not possibly have called in the air strike as claimed, because the boats were just entering radar range when the attack commenced and were many miles short of radar contact with Liberty when the air strike was called. The attack, then, must have been called and coordinated by forces ashore not by the torpedo boat commander-because the torpedo men were too far away to have detected the ship at all until the moment the air strike began.
Kidd received the Israeli report in time to include a copy in Exhibit 48 of his Top Secret transcript, but he failed to comment on it and the report apparently had no effect upon his findings. Perhaps he was influenced by a message from our Tel Aviv embassy: "The circumstances of the attack strip the Israeli Navy naked," said the embassy in a plaintive request to keep the report under wraps. More embarrassing than professed naval ineptness, Israel's official explanation of the attack simply could not stand close scrutiny, and it was not exposed to any. Government officials docilely agreed not to embarrass Israel by releasing Israel's report, and little was ever heard of it. 10
10. The essential facts of Israel's Court of Inquiry report first appeared in Newsweek on May 6,1968, and in somewhat more detail in Goulding's book, Confirm or Deny (New York: Harper & Row, 1970). Attempts by ordinary citizens to obtain a copy of the report were fruitless until August 1976, when Liberty's Dr. Kiepfer was suddenly handed a message synopsis by a patient who had obtained it under the Freedom of Information Act. Subsequent requests to obtain a copy through the Pentagon Freedom of Information Office were denied. An appeal of the denial on the grounds that the material had previously been released both to the press (Goulding and Newsweek) and to the public (Kiepfer's patient) was also denied. But even as the Pentagon denied the appeal, the Department of State-knowing not what the other hand was doing-declassified and released the message in its entirety; and at about the same time, the Navy Judge Advocate General released the American Court of Inquiry report (including the requested message) under the Freedom of Information Act, making the nine pound package available to the public at $27 per copy.
The full text of the Israeli Court of Inquiry report, however, has yet to be released; the declassified version is the synopsis that was read to Commander Castle, who then telegraphed the text to the White House. According to a senior U.S. Navy officer whose duties gave him access to the full text, it provides another curious detail of Israel's reported failure to identify. In this story, Colonel Ron claims that although Liberty was identified and her track was plotted on a large chart in the war room, an off-going watch inadvertently erased the ship from the plot at the end of a shift. Consequently, when next sighted she was plotted as "unidentified." Just as the torpedoes were launched, so the story goes, an off-duty officer who happened to be in the war room recognized the error, and word was sent out to stop the attack, "but it was too late. The torpedo boat radioman cried, 'Hold firel Hold firel' just as the torpedoes were let go." Ron, in reporting this story, again overlooked the fact that the firing continued long after the torpedoes were launched.
In London, Rear Admiral Kidd and Admiral McCain worked together to edit the court report into its final form: the relatively complete Record of Proceedings, which included exhibits, photographs, messages, testimony, and much conflicting and contradictory information, and which was classified "Top Secret." Despite the many weaknesses, the transcript does present a fairly complete record of evidence that the court received, including much that conflicts with the findings. For instance, Israel's Court of Inquiry synopsis is there, even though the message arrived very late in the proceeding and was ignored. And most messages reviewed by the court appear in the file whether they support the court's position or tend to refute it.
On the other hand, a large volume of material-including original transparencies, bullet and rocket fragments, tape recordings, my sworn statement and other evidence that proved extraneous, bulky, awkward or sensitive-went into a large separate file, which was also classified "Top Secret." This file was ultimately delivered to a special storage vault in Wing Five of the Navy's Arlington Annex in Virginia, where it is safeguarded by the Navy Judge Advocate General. The court record contains no reference to this material, and its existence has never been admitted to the press or to other researchers.
On June 18, the completed report was approved by Admiral McCain, and for the next ten days Kidd worked with Phil Goulding's deputy, Richard Fryklund, to reduce the 707-page Top Secret transcript to a twenty-eight-page unclassified version.
The problem was enormous. Although the court produced several unsupportable or just plain wrong "Findings of Fact" that seemed designed to excuse the attack, a careful reading of the full report at least revealed the weakness of the findings. The much-abbreviated Summary, on the other hand, published only selected findings and part of McGonagle's testimony; none of the contrary evidence and none of the contradictory testimony can be found in the unclassified version. As a result, while the Top Secret report was mild enough, the Summary of Proceedings watered the court's product even more to cut the heart out of the few unwelcome and unpolitic findings that were made.
The opening paragraphs read as follows:
A Navy Court of Inquiry has determined that USS LIBERTY was in international waters, properly marked as to her identity and nationality, and in calm, clear weather when she suffered an unprovoked attack by Israeli aircraft and motor torpedo boats June 8 in the Eastern Mediterranean.
The Court produced evidence that the Israeli armed forces had ample opportunity to identify LIBERTY correctly. The Court had insufficient information before it to make a judgment on the reason for the decision by Israeli aircraft and motor torpedo boats to attack.
Paraphrasing the Top Secret report, the Pentagon said:
Available evidence combines to indicate that the attack was a case of mistaken identity. Flat, calm conditions and the slow five knot patrol speed of LIBERTY may have produced insufficient wind for streaming colors enough to be seen by pilots. The torpedo boat crews may have identified the colors for the first ,time when they got in close enough to see clearly through the smoke and flames. There are no indications that the attack was intended against a U.S. Ship.11 [I so beg to differ D.C.]
11. It was nine years after the attack before I could prove my claim that the wind was strong enough to hold the flag aloft; in 1976 a former ship's officer delivered to me the origina1"Ship Weather Observation Sheet" for the day of the attack. The officer, frustrated with the court's unconcern for such things, took possession of the log after the court failed to do so. The log appears in Appendix H (pages 245-46), along with a table converting true wind (over the sea) to relative wind (over the ship).
Admiral Kidd handled the conflicting pre-attack reconnaissance reports by acting as though McGonagle was the only reliable witness. My sworn statement was excised even from the Top Secret report; other testimony about surveillance was, for the most part, ignored and had little or no bearing upon the findings.
The unclassified version summarized findings on this subject to report "significant surveillance of the LIBERTY on three separate occasions from the air at various times prior to the attack," and went on to identify the significant flights as those that occurred at 0850, when "a single unidentified jet crossed her wake three to five miles astern"; at 1056, when "a flying boxcar crossed astern at a distance of three to five miles"; and at 1126, when "another aircraft circled ship."
Thus the court and the Pentagon characterized the surveillance as much more distant than most of it was, dismissed as insignificant the three orbits by two armed jets, ignored my unwelcome description of a direct masthead-level overflight, failed to acknowledge a report by John Scott of flying boxcar reconnaissance at sunrise and disregarded testimony from Liberty officers of additional reconnaissance flights during the noon hour.
Concerning Bloch's seven points telephoned to Castle on June 9, the Pentagon (without mentioning Israel's excuse) paraphrased a legal opinion in the Top Secret report to say:
The Court affirmed LIBERTY'S right to be where she was. A neutral nation, the Court stated, has a legal right to dispatch a ship into international waters adjacent to an area of hostilities. So long as such neutral ship maintains the impartial attitude of neutrality, the Court pointed out, each belligerent has a duty to refrain from attacking her. 12
12. The full text of the legal opinion as it appears in the Top Secret Record of Proceedings of the Court of Inquiry is reproduced in Appendix I, pages 248/9
Again without revealing the true source of the story, the Pentagon said:
The Court also noted reports of rumors that the town of El Arish had been bombarded from the sea, but pointed out that neither LIBERTY, with four .50 caliber machine guns, nor EL QUSEIR, which is armed with two 3-pounders, could logically be suspected of having conducted a shore bombardment.
Concerning the erroneous identification that Israel presented as the crucial mistake, the Pentagon (still protecting the source of the El Quseir story) quoted directly from the Top Secret report to say:
While EL QUSEIR bears a highly superficial resemblance to LIBERTY, she more closely resembles the majority of older tramp steamers operating in ocean shipping. EL QUSEIR is less than half the size and lacks the elaborate antenna array and distinctive hull markings of LIBERTY. The location of the superstructure island, a primary recognition feature of merchant type ships, is widely different. By this criteria as a justification for attack, any ship resembling EL QUSEIR was in jeopardy.
Describing the communication fiasco, which certainly contributed to the likelihood of attack, the Top Secret report said:
..• LIBERTY'S 7 June Position Report which stated her final destination prompted concern in the [Pentagon] ... and resulted in follow-on actions and directives to the ship ... The ship is known not to have received at least five messages, each of which was ... critical ...
The first sentence, of course, unknown to Kidd, is not entirely true. The JCS effort to recall the ship did not result from any sudden realization that she was near the war zone. Liberty's position, after all, was well known to officials in the Pentagon and elsewhere. Rather, as we have seen, the recall order grew from a Defense Department "staff study," which recommended the immediate withdrawal of the ship and resulted in a last-minute Flash message requesting that the Joint Chiefs of Staff order Liberty promptly away from the coast.
On the same subject, the unclassified report quoted from Admiral McCain's endorsement to the Top Secret report, in which McCain said:
Early on the 8th, the Joint Chiefs of Staff had issued orders for LIBERTY to move farther from the coast, even though such a move would partially degrade her mission. The messages were misrouted, delayed, and not received until after the attack .... since [McGonagle] was in international waters, his standard identification symbols were clearly visible, and foreign aircraft had inspected him three times that day, he had no reason to believe the ship was in danger of attack .... The Court reached no judgment on whether earlier arrival of the messages would have reduced the likelihood of the attack.
Despite statements from our embassy and evidence we have seen that Liberty was indeed identified by Israel during the morning, Kidd ignored the evidence. The Pentagon reported the court's negative findings on that score in this manner:
Inasmuch as this was not an international investigation, no evidence was presented on whether any of these aircraft had identified LIBERTY or whether they had passed any information on LIBERTY to their own higher headquarters.
And in an introduction to the unclassified Summary. the Pentagon added:
It was not the responsibility of the Court to rule on the culpability of the attackers, and no evidence was heard from the attacking nation. Witnesses suggested that the flag may have been difficult for the attackers to see, both because of the slow speed of the ship and because, after five or six separate air attacks by at least two planes each, smoke and flames may have helped obscure the view from the torpedo boats.
The addition of the phrase "attacks by at least two planes each," appearing as it does in both the Top Secret and unclassified versions, is apparently a last-minute attempt by Kidd to resolve conflicts in testimony. However, little was ever resolved. The unclassified report gives no hint of the conflicting and contradictory evidence, and the Top Secret version, which does suggest conflict (since it contains testimony ofthe officers and crew along with numerous messages and other evidence that was not released to the public), was destined to spend the next several years in special security containers reserved for Top Secret material and to be seen by only a very few senior officials. A Navy JAG (legal) Corps officer who finally achieved access to the document told me, after studying the 707 legal-size pages of testimony, photographs, evidence, legal opinions and findings: "The report is confusing. After you read the testimony, review the evidence, and then read the findings, your first impulse is to go back and see if you missed a couple hundred pages, because the evidence simply does not lead to the findings. Many of the findings are not supported by evidence at all. The message you get from the report is that Admiral Kidd had some orders that are not spelled out in his appointing letter."
While Admiral Kidd's Court of Inquiry was the only investigating panel to receive public notice, there were several such groups. As we have seen, Walter Deeley conducted an investigation for the Department of Defense, producing a large and colorful report. The Joint Chiefs of Staff detailed Major General Joseph R. Russ to head a fact-finding team; the JCS group apparently sent representatives to the Mediterranean for some on-the-spot investigating, particularly into the mishandling of communications, and produced a still classified report that resists Freedom of Information Act inquiries. The Central Intelligence Agency completed a "staff summary" report on the attack. As we know, Foreign Intelligence Advisory Board Chairman Clark Clifford was detailed by President Johnson to head an immediate investigation into the matter for the President. All of these investigations seem to have been conducted in great haste. Volumes of information were collected and innumerable man hours were spent, but much of the information was not pertinent and only Kidd's group collected any firsthand information from on board the ship. The others relied primarily upon McGonagle's testimony to the Court of Inquiry, or directed their inquiries into other aspects of the incident, such as communications. Each of the reports either concluded that the attack was probably conducted in error, or avoided making conclusions by lamely reporting that it could find no evidence that the attack was deliberate.
Perhaps the most penetrating official observation was made by Commander Castle in a wrap-up report to the White House: " ... only the Israeli Defense Force knows with certainty the exact sequence of events that led to the tragic incident."
NEXT
"PRESS GUIDANCE"
****************
Soon after the attack, Israel had offered a preliminary report of the circumstances. The message, telephoned to the embassy by Israel's Lieutenant Colonel Michael Bloch and copied verbatim by Commander Castle, read as follows:
1. Ship was sighted and recognized as a Naval ship 13 miles from coast.
2. Presence in a fighting area is against international custom.
3. The area is not a common passage for ships.
4. Egypt had declared the area closed to neutrals.
5. LIBERTY resembles the Egyptian supply ship EL QUSEIR.
6. Ship was not flying flag when sighted and moved at high speed westward toward the enemy coast.
7. Israeli Defense Force Navy had earlier reports of bombardment of EI Arish from sea.6
5. McGonagle was a true believer in drills and training. If anything, the men and some of the officers thought he was a nut on the subject. Before our arrival at Abidjan, for example, the crew spent many hours practicing emergency procedures to be taken in case the ship lost rudder control from the bridge-a typical McGonagle precaution in preparation for a difficult and narrow harbor. Then there were damage control drills, gunnery exercises, engineering exercises, lifeboat drills, man overboard drills. The men quickly became expert at every one of these drills while the suspicion grew that McGonagle was a bit daffy about training. The issue became clear on June 8. More than anything else, it was McGonagle's leadership and McGonagle's training that enabled the ship and most of the men to survive.
6. United States Defense Attache Office, Tel Aviv, Secret message 091250Z June 1967
Castle was already disenchanted with Israeli slowness of response to his queries, and was clearly not satisfied with this sketchy and evasive explanation. He pressed Bloch for a title for the report, and when Bloch could not supply one, urged him to call back. Soon Bloch called to provide "Further Information on Yesterday's Incident with the American Ship" as the official authorized title.
Castle promptly forwarded copies to the White House, State Department and other top government offices, and added his own observations: ALUSNA [naval attache] cannot understand how trained professional Naval Officers could be so inept to carry out yesterday's attack. Certainly IDF [Israeli Defense Force] Navy must be well drilled in identification of Egyptian ships. EL QUSEIR is less than half the size, is many years older, and lacks the elaborate antenna array and hull marking of LIBERTY. ALUSNA evaluates yesterday's erroneous attack resulted from trigger happy eagerness to glean some portion of the great victory being shared by IDF Army and Air Force and which Navy was not sharing.7
The Israeli government must have been desperate for a scapegoat to have singled out El Quseir. The entire Egyptian Navy consisted of a few converted Soviet and British destroyers, frigates and submarines, some minesweepers, several boats, two yachts and a single transport-El Quseir. An unlikely wartime threat, thirty-eight-year old El Quseir was a coastal transport outfitted to pack up to four hundred men and forty horses into her 275-foot hull for short hauls. Very short hauls, one would hope. She was not a combat vessel, would have had a tough time unloading anything near EI Arish, and was in such poor shape that she would soon be sold for scrap. Certainly she was an unlikely suspect for the fancied "shelling from the sea" of EI Arish. No one could pretend that Liberty was mistaken for a destroyer, a submarine or the former royal yacht, so she would simply have to be mistaken for El Quseir, which was, after all, the only scapegoat around. 8
7. Ibid.
8. Israeli intelligence officers doubtless were aware that EI Quseir was nowhere near EI Arish. Early in 1976, John Scott (Liberty'S damage control officer) wrote to the embassy of the Arab Republic of Egypt on my behalf to ask the whereabouts of EI Quseir on June 8, 1967. Several months later Major General Mohamed A. Abou Ghazala advised by letter and confirmed by telephone that EI Quseir was in port in Alexandria throughout the Six Day War. Alexandria is about 250 miles from El Arish, or about twenty-four hours steaming for aging EI Quseir. In an environment so hostile that even the Egyptian guided missile patrol boats were kept safely at their berths, no one could suppose that EI Quseir would be sent near the Israeli coast.
In the ensuing message traffic, our government reminded the government of Israel that Liberty had been fully identified by Israel at least six hours before the attack, and the Israeli government agreed. The information, Israel claimed, simply failed to reach the operating forces-and the officers in the war room who were aware of Liberty's identification and location failed to connect Liberty with the ship that they attacked. The Israeli statement, then, that the ship was "sighted and recognized as a Naval ship" meant that it had been identified as a United States naval ship. And although Kidd was aware of this critical fact and held copies of many of the pertinent messages, the information was ignored and did not warrant comment among his ultimate findings.
On June 15 Kidd received a report from the American embassy of an interview with an Israeli naval officer who was aboard one of the attacking torpedo boats. The officer claimed that the torpedo boats had assumed Liberty to be an enemy and joined in the attack because they saw her under attack by Israeli warplanes. Interestingly, his story contradicts Israel's "official" excuse, which was to come out a few days later. In that excuse, Israel would claim that the aircraft attacked because they were called in by the torpedo boats. Neither Kidd nor anyone else in government ever commented publicly on these stories or their credibility.
Also known to Kidd was a threat made some months before by the Israeli Air Force chief of intelligence. When a U.S. Navy aircraft accidentally penetrated Israeli air space, the Israeli officer suggested that "next time [he] might have to attack the plane or ship." Although Israeli officers dismissed the remark as facetious, Americans did not find it amusing. The remark was discounted by the Court of Inquiry and no comment was made concerning it.
****************
While Kidd's court was in session, the government of Israel ordered its own Court of Inquiry, assigning the task to Colonel Ram Ron, a former Israeli military attache to Washington. When the report was completed, Commander Castle was summoned to the Israeli Foreign Liaison Office where Lieutenant Colonel Efrat, an aide to Israel Defense Force Chief of Staff Rabin, translated the main points from the Hebrew text and read them aloud. Castle copied verbatim from the oral presentation, here condensed and paraphrased:
• EI Arish was erroneously reported to have been shelled from the sea. (The erroneous report, it turns out, came one full day before Liberty arrived on the scene.)
• Torpedo boats, belatedly sent to investigate the erroneous shelling report, erroneously reported Liberty to be moving at thirty, knots (when it was actually making only five knots).
• Israeli gunnery doctrine (unwisely, Ron conceded) allows Israeli forces to open fire on unidentified ships moving faster than twenty knots near a bombarded shore.
• Since the foregoing errors marked Liberty as an "enemy" ship, the torpedo boat commander radioed ashore for an air strike on the ship.
• A dubious I.D.F naval operations section questioned the report that the ship was moving at thirty knots, whereupon the torpedo boat commander rechecked and erroneously verified Liberty's speed as thirty knots.
• "Even the officers who knew of the identification of LIBERTY early the same morning did not connect LIBERTY with the unidentified ships said to be shelling EI Arish," said Ron. "Even if the unidentified ship were thought to be LIBERTY, the fact that she was reported to be making 30 knots would have denied the identification since, when LIBERTY was identified in the morning, her max speed was determined to be 18 knots."
• Satisfied, the shore forces called the air strike.
• Upon completion of the air strike, Israeli torpedo men erroneously identified Liberty visually as Egyptian supply vessel El Quseir (whose top speed was known to be fourteen knots or less), noted that the ship appeared to be firing upon them, and commenced cannon and torpedo attack.
• "LIBERTY," said Ron, "made a grave additional mistake not less decisive than mistakes made by the Israeli Defense Force .... the American ship acted with lack of care by approaching excessively close to the shore in an area which was a scene of war and this at a time when it was well known that this area is not one where ships generally pass, this without advising the Israeli authorities of its presence and without identifying itself elaborately. Furthermore, it appears that the ship made an effort to hide its identity, first by flying a small flag which was difficult to identify from a distance; secondly by beginning to escape when discovered by our forces, and by failing to identify itself immediately by its own initiative by flashing light, and by refusing to do so even when asked by the M.T.B's. From all this [the investigating officer] conclude[s] that the ship LIBERTY tried to hide its presence in the area and its identity both before it was discovered and even after having been attacked by the Air Force and later by the Navy, and thus contributed decisively toward its identification as an enemy ship."
• Ron found: "It is concluded clearly and unimpeachably from the evidence and from comparison of war diaries that the attack on USS Liberty was not in malice; there was no criminal negligence and the attack was made by innocent mistake."9
9. United States Defense Attache Office, Confidential message 181030Z June 1967.
Efrat could not help noticing Castle's look of surprise and incredulity, and when he finished reading, asked Castle his "off the-record" opinion of the findings. Although Castle did not answer, his forwarding message told the White House of the question and added:
.•. ALUSNA pretended he had not heard the question and thanked the Colonel for his time. The burden of diplomacy bore heavily on ALUSNA whose evaluations are:
A. The standing order to attack any ship moving at more than 20 knots is incomprehensible.
B. . .. If the "thirty knot ship couldn't have been LIBERTY," it follows that it could not have been EL QUSEIR.
C. That a professional Naval Officer could look at LIBERTY and think her a thirty knot ship is difficult to accept.
D. Smoke which covered LIBERTY and made her difficult to identify was probably a result of the I.D.F Air Force attacks.
Colonel Ron's Court of Inquiry report is clearly unsatisfactory. It is evasive and seems carefully contrived not to explain what happened, but to shift the blame to McGonagle. The report should have been returned to Israel with a demand for a better explanation. The Israeli investigation, in the first place, should have been conducted by a flag officer. Indeed, the circumstances cry out for a flag officer. Colonel Ron was required to investigate the performance of forces commanded by officers considerably his senior-a situation virtually guaranteed to produce a finding of no fault. No one could have been surprised when this relatively junior Army officer concluded that the Israeli Navy had made several unprofessional (but noncriminal and nonnegligent) errors, and that everyone else involved in the attack was blameless. And more important, his story has a fatal flaw: the motor torpedo boat commander could not possibly have called in the air strike as claimed, because the boats were just entering radar range when the attack commenced and were many miles short of radar contact with Liberty when the air strike was called. The attack, then, must have been called and coordinated by forces ashore not by the torpedo boat commander-because the torpedo men were too far away to have detected the ship at all until the moment the air strike began.
Kidd received the Israeli report in time to include a copy in Exhibit 48 of his Top Secret transcript, but he failed to comment on it and the report apparently had no effect upon his findings. Perhaps he was influenced by a message from our Tel Aviv embassy: "The circumstances of the attack strip the Israeli Navy naked," said the embassy in a plaintive request to keep the report under wraps. More embarrassing than professed naval ineptness, Israel's official explanation of the attack simply could not stand close scrutiny, and it was not exposed to any. Government officials docilely agreed not to embarrass Israel by releasing Israel's report, and little was ever heard of it. 10
10. The essential facts of Israel's Court of Inquiry report first appeared in Newsweek on May 6,1968, and in somewhat more detail in Goulding's book, Confirm or Deny (New York: Harper & Row, 1970). Attempts by ordinary citizens to obtain a copy of the report were fruitless until August 1976, when Liberty's Dr. Kiepfer was suddenly handed a message synopsis by a patient who had obtained it under the Freedom of Information Act. Subsequent requests to obtain a copy through the Pentagon Freedom of Information Office were denied. An appeal of the denial on the grounds that the material had previously been released both to the press (Goulding and Newsweek) and to the public (Kiepfer's patient) was also denied. But even as the Pentagon denied the appeal, the Department of State-knowing not what the other hand was doing-declassified and released the message in its entirety; and at about the same time, the Navy Judge Advocate General released the American Court of Inquiry report (including the requested message) under the Freedom of Information Act, making the nine pound package available to the public at $27 per copy.
The full text of the Israeli Court of Inquiry report, however, has yet to be released; the declassified version is the synopsis that was read to Commander Castle, who then telegraphed the text to the White House. According to a senior U.S. Navy officer whose duties gave him access to the full text, it provides another curious detail of Israel's reported failure to identify. In this story, Colonel Ron claims that although Liberty was identified and her track was plotted on a large chart in the war room, an off-going watch inadvertently erased the ship from the plot at the end of a shift. Consequently, when next sighted she was plotted as "unidentified." Just as the torpedoes were launched, so the story goes, an off-duty officer who happened to be in the war room recognized the error, and word was sent out to stop the attack, "but it was too late. The torpedo boat radioman cried, 'Hold firel Hold firel' just as the torpedoes were let go." Ron, in reporting this story, again overlooked the fact that the firing continued long after the torpedoes were launched.
In London, Rear Admiral Kidd and Admiral McCain worked together to edit the court report into its final form: the relatively complete Record of Proceedings, which included exhibits, photographs, messages, testimony, and much conflicting and contradictory information, and which was classified "Top Secret." Despite the many weaknesses, the transcript does present a fairly complete record of evidence that the court received, including much that conflicts with the findings. For instance, Israel's Court of Inquiry synopsis is there, even though the message arrived very late in the proceeding and was ignored. And most messages reviewed by the court appear in the file whether they support the court's position or tend to refute it.
On the other hand, a large volume of material-including original transparencies, bullet and rocket fragments, tape recordings, my sworn statement and other evidence that proved extraneous, bulky, awkward or sensitive-went into a large separate file, which was also classified "Top Secret." This file was ultimately delivered to a special storage vault in Wing Five of the Navy's Arlington Annex in Virginia, where it is safeguarded by the Navy Judge Advocate General. The court record contains no reference to this material, and its existence has never been admitted to the press or to other researchers.
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On June 18, the completed report was approved by Admiral McCain, and for the next ten days Kidd worked with Phil Goulding's deputy, Richard Fryklund, to reduce the 707-page Top Secret transcript to a twenty-eight-page unclassified version.
The problem was enormous. Although the court produced several unsupportable or just plain wrong "Findings of Fact" that seemed designed to excuse the attack, a careful reading of the full report at least revealed the weakness of the findings. The much-abbreviated Summary, on the other hand, published only selected findings and part of McGonagle's testimony; none of the contrary evidence and none of the contradictory testimony can be found in the unclassified version. As a result, while the Top Secret report was mild enough, the Summary of Proceedings watered the court's product even more to cut the heart out of the few unwelcome and unpolitic findings that were made.
The opening paragraphs read as follows:
A Navy Court of Inquiry has determined that USS LIBERTY was in international waters, properly marked as to her identity and nationality, and in calm, clear weather when she suffered an unprovoked attack by Israeli aircraft and motor torpedo boats June 8 in the Eastern Mediterranean.
The Court produced evidence that the Israeli armed forces had ample opportunity to identify LIBERTY correctly. The Court had insufficient information before it to make a judgment on the reason for the decision by Israeli aircraft and motor torpedo boats to attack.
Paraphrasing the Top Secret report, the Pentagon said:
Available evidence combines to indicate that the attack was a case of mistaken identity. Flat, calm conditions and the slow five knot patrol speed of LIBERTY may have produced insufficient wind for streaming colors enough to be seen by pilots. The torpedo boat crews may have identified the colors for the first ,time when they got in close enough to see clearly through the smoke and flames. There are no indications that the attack was intended against a U.S. Ship.11 [I so beg to differ D.C.]
11. It was nine years after the attack before I could prove my claim that the wind was strong enough to hold the flag aloft; in 1976 a former ship's officer delivered to me the origina1"Ship Weather Observation Sheet" for the day of the attack. The officer, frustrated with the court's unconcern for such things, took possession of the log after the court failed to do so. The log appears in Appendix H (pages 245-46), along with a table converting true wind (over the sea) to relative wind (over the ship).
Admiral Kidd handled the conflicting pre-attack reconnaissance reports by acting as though McGonagle was the only reliable witness. My sworn statement was excised even from the Top Secret report; other testimony about surveillance was, for the most part, ignored and had little or no bearing upon the findings.
The unclassified version summarized findings on this subject to report "significant surveillance of the LIBERTY on three separate occasions from the air at various times prior to the attack," and went on to identify the significant flights as those that occurred at 0850, when "a single unidentified jet crossed her wake three to five miles astern"; at 1056, when "a flying boxcar crossed astern at a distance of three to five miles"; and at 1126, when "another aircraft circled ship."
Thus the court and the Pentagon characterized the surveillance as much more distant than most of it was, dismissed as insignificant the three orbits by two armed jets, ignored my unwelcome description of a direct masthead-level overflight, failed to acknowledge a report by John Scott of flying boxcar reconnaissance at sunrise and disregarded testimony from Liberty officers of additional reconnaissance flights during the noon hour.
Concerning Bloch's seven points telephoned to Castle on June 9, the Pentagon (without mentioning Israel's excuse) paraphrased a legal opinion in the Top Secret report to say:
The Court affirmed LIBERTY'S right to be where she was. A neutral nation, the Court stated, has a legal right to dispatch a ship into international waters adjacent to an area of hostilities. So long as such neutral ship maintains the impartial attitude of neutrality, the Court pointed out, each belligerent has a duty to refrain from attacking her. 12
12. The full text of the legal opinion as it appears in the Top Secret Record of Proceedings of the Court of Inquiry is reproduced in Appendix I, pages 248/9
Again without revealing the true source of the story, the Pentagon said:
The Court also noted reports of rumors that the town of El Arish had been bombarded from the sea, but pointed out that neither LIBERTY, with four .50 caliber machine guns, nor EL QUSEIR, which is armed with two 3-pounders, could logically be suspected of having conducted a shore bombardment.
Concerning the erroneous identification that Israel presented as the crucial mistake, the Pentagon (still protecting the source of the El Quseir story) quoted directly from the Top Secret report to say:
While EL QUSEIR bears a highly superficial resemblance to LIBERTY, she more closely resembles the majority of older tramp steamers operating in ocean shipping. EL QUSEIR is less than half the size and lacks the elaborate antenna array and distinctive hull markings of LIBERTY. The location of the superstructure island, a primary recognition feature of merchant type ships, is widely different. By this criteria as a justification for attack, any ship resembling EL QUSEIR was in jeopardy.
Describing the communication fiasco, which certainly contributed to the likelihood of attack, the Top Secret report said:
..• LIBERTY'S 7 June Position Report which stated her final destination prompted concern in the [Pentagon] ... and resulted in follow-on actions and directives to the ship ... The ship is known not to have received at least five messages, each of which was ... critical ...
The first sentence, of course, unknown to Kidd, is not entirely true. The JCS effort to recall the ship did not result from any sudden realization that she was near the war zone. Liberty's position, after all, was well known to officials in the Pentagon and elsewhere. Rather, as we have seen, the recall order grew from a Defense Department "staff study," which recommended the immediate withdrawal of the ship and resulted in a last-minute Flash message requesting that the Joint Chiefs of Staff order Liberty promptly away from the coast.
On the same subject, the unclassified report quoted from Admiral McCain's endorsement to the Top Secret report, in which McCain said:
Early on the 8th, the Joint Chiefs of Staff had issued orders for LIBERTY to move farther from the coast, even though such a move would partially degrade her mission. The messages were misrouted, delayed, and not received until after the attack .... since [McGonagle] was in international waters, his standard identification symbols were clearly visible, and foreign aircraft had inspected him three times that day, he had no reason to believe the ship was in danger of attack .... The Court reached no judgment on whether earlier arrival of the messages would have reduced the likelihood of the attack.
Despite statements from our embassy and evidence we have seen that Liberty was indeed identified by Israel during the morning, Kidd ignored the evidence. The Pentagon reported the court's negative findings on that score in this manner:
Inasmuch as this was not an international investigation, no evidence was presented on whether any of these aircraft had identified LIBERTY or whether they had passed any information on LIBERTY to their own higher headquarters.
And in an introduction to the unclassified Summary. the Pentagon added:
It was not the responsibility of the Court to rule on the culpability of the attackers, and no evidence was heard from the attacking nation. Witnesses suggested that the flag may have been difficult for the attackers to see, both because of the slow speed of the ship and because, after five or six separate air attacks by at least two planes each, smoke and flames may have helped obscure the view from the torpedo boats.
The addition of the phrase "attacks by at least two planes each," appearing as it does in both the Top Secret and unclassified versions, is apparently a last-minute attempt by Kidd to resolve conflicts in testimony. However, little was ever resolved. The unclassified report gives no hint of the conflicting and contradictory evidence, and the Top Secret version, which does suggest conflict (since it contains testimony ofthe officers and crew along with numerous messages and other evidence that was not released to the public), was destined to spend the next several years in special security containers reserved for Top Secret material and to be seen by only a very few senior officials. A Navy JAG (legal) Corps officer who finally achieved access to the document told me, after studying the 707 legal-size pages of testimony, photographs, evidence, legal opinions and findings: "The report is confusing. After you read the testimony, review the evidence, and then read the findings, your first impulse is to go back and see if you missed a couple hundred pages, because the evidence simply does not lead to the findings. Many of the findings are not supported by evidence at all. The message you get from the report is that Admiral Kidd had some orders that are not spelled out in his appointing letter."
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While Admiral Kidd's Court of Inquiry was the only investigating panel to receive public notice, there were several such groups. As we have seen, Walter Deeley conducted an investigation for the Department of Defense, producing a large and colorful report. The Joint Chiefs of Staff detailed Major General Joseph R. Russ to head a fact-finding team; the JCS group apparently sent representatives to the Mediterranean for some on-the-spot investigating, particularly into the mishandling of communications, and produced a still classified report that resists Freedom of Information Act inquiries. The Central Intelligence Agency completed a "staff summary" report on the attack. As we know, Foreign Intelligence Advisory Board Chairman Clark Clifford was detailed by President Johnson to head an immediate investigation into the matter for the President. All of these investigations seem to have been conducted in great haste. Volumes of information were collected and innumerable man hours were spent, but much of the information was not pertinent and only Kidd's group collected any firsthand information from on board the ship. The others relied primarily upon McGonagle's testimony to the Court of Inquiry, or directed their inquiries into other aspects of the incident, such as communications. Each of the reports either concluded that the attack was probably conducted in error, or avoided making conclusions by lamely reporting that it could find no evidence that the attack was deliberate.
Perhaps the most penetrating official observation was made by Commander Castle in a wrap-up report to the White House: " ... only the Israeli Defense Force knows with certainty the exact sequence of events that led to the tragic incident."
NEXT
"PRESS GUIDANCE"
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