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Many Americans wonder why Robert Kennedy took no action against Lyndon Johnson if he suspected the vice president’s complicity in the murder of his brother. In fact, we now know that Johnson was concerned that Robert Kennedy would object to his immediate ascendancy to the presidency. The very fact that Johnson would worry about something so constitutionally preordained virtually proved Johnson’s fear that Kennedy would see through his role in the murder. I now believe that Johnson’s call to Robert Kennedy to obtain the wording of the presidential oath was an act of obsequiousness to test Kennedy as well as an opportunity to twist the knife in Johnson’s bitter rival. We now know that the “oath” aboard Air Force One was purely symbolic; the US Constitution elevates the vice president to the presidency automatically upon the death of the president. Johnson’s carefully arranged ceremony in which he insisted that Jackie Kennedy be present was to put his imprimatur and that of the Kennedys, on his presidency. Additionally, Judge Sarah T. Hughes, who administered the oath, had recently been blocked from elevation on the federal bench by Attorney General Robert Kennedy. This impediment would be removed under President Lyndon Johnson. Robert Kennedy knew his brother was murdered by a domestic conspiracy and, at a minimum, suspected that Lyndon Johnson was complicit. Kennedy would tell his aide Richard Goodwin, “there’s nothing I can do about it. Not now.”86 In essence, Kennedy understood that with both the FBI and the Justice Department under the control of Lyndon Johnson and Kennedy nemesis J. Edgar Hoover, there was, indeed, nothing he could do immediately. While numerous biographers describe RFK as being shattered by the murder of his brother, Robert Kennedy was not so bereaved that it prevented him from seeking to maneuver his way onto the 1964 ticket as vice president. Indeed, RFK had Jackie Kennedy call Johnson to lobby for Bobby’s selection. Johnson declined, far too cunning to put Bobby in the exact position that he had maneuvered John Kennedy into three years previous. Robert Kennedy knew that only by becoming president could he avenge his brother’s death. After lukewarm endorsements of the Warren Commission’s conclusions between 1963 and 1968, while campaigning in the California primary, RFK would be asked about his brother’s murder. In the morning, he mumbled half-hearted support for the Warren Commission conclusions but asked the same question that afternoon he would tell a student audience in Northern California that if elected he would reopen the investigation into his brother’s murder. Kennedy’s highly regarded press secretary Frank Mankiewicz would say he was “shocked” by RFK’s comment because he had never said anything like it publicly before. Mankiewicz and Robert Kennedy aide Adam Walinsky would ultimately conclude that JFK had been murdered by a conspiracy, but to my knowledge, neither understood the full involvement of LBJ. Only days after Robert Kennedy said he would release all the records of the Kennedy assassination, the New York Senator would be killed in an assassination eerily similar to his brother’s, in which there are disputes, even today, about the number of shooters and the number of shots. The morning after Robert Kennedy was murdered a distraught Jacqueline Kennedy called close friend New York socialite Carter Burden, and said “They got Bobby, too,” leaving little doubt that she recognized that the same people who killed her husband also killed her brother in law.87
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