The Patsy Principle
Q: Oswald knew the rifle could be traced to him, that only he and Marina knew it was in the Paine's garage, and that he was assigned to work the sixth floor of the TSBD. How would this present "no problem" to his attorney?
A: the Smith Act for assassinating JFK and sentenced, if found guilty, to up to 20 years in prison. YES!!! But why charge him under the Smith Act for the assassination when the maximum penalty was 20 years, while under Texan law... murder would probably draw the death penalty? He could not be charged under Texas law for murder AND under federal law for assassination. That does not make sense. But he could be charged under Texas law for murder and under the Smith Act for conspiracy to overthrow the government... or if you like... subversion. If the murder charges failed... bingo. The Commie Conspiracy kicks in. Except you're ignoring that he was charged under Texas law and not under the Smith Act. So the actual result was exactly the opposite of what you have Oswald predicting. He probably could be charged by both the state and the Feds for murder/assasination. However, you're right. The smartest thing for the Feds to do was let the state charge him with murder, provide them with FBI evidence to help convict and, if that failed, recharge Oswald under the Smith Act for conspiracy. It's like OJ Simpson's conviction. If you can't get him in one court, get him in another. Although I think the Commie Conspiracy was going to kick in with the press anyway. I mean the Revilio Oliver's weren't going to let this pass. They were practically drawing a map back to a Minsk sniping school in the USSR. We both know