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Over at the Justice Department, with Attorney General Robert Kennedy in mourning that weekend, Deputy Attorney General Nicholas Katzenbach handled the case. He met with Hoover on Sunday, shortly after Jack Ruby had killed Oswald. Katzenbach then prepared a memo for Johnson's top aide, Bill Moyers, stating that the public had to be "satisfied" that Oswald had acted alone and that the "evidence" would have convicted him at a trial. Katzenbach warned that speculation about Oswald's motive had to be "cut off" and that the thought that the assassination was a communist conspiracy or a "right-wing conspiracy to blame it on the communists" had to be rebutted.24 After the Sunday meeting Hoover observed, "The thing I am concerned about, and so is Mr. Katzenbach, is having something issued so we can convince the public that Oswald is the real assassin."
Chief Justice Warren also refused at first to take the job even after both Robert Kennedy and Archibald Cox had asked him. In his talk with Russell, Johnson told Russell he had "ordered" Warren to come to the White House and in that meeting Warren had twice refused the president's request. LBJ continued, "And I just pulled out what Hoover told me about a little incident in Mexico City." The president told Warren this would make it look like Khrushchev and Castro killed Kennedy. LBJ said that Warren started crying and agreed to take the assignment.27 In a 1972 documentary for public television Warren himself told the same story—except for the tears. He said that Johnson felt the argument that Khrushchev and Castro had killed Kennedy might mean nuclear war. Warren said he responded, "Well, Mr. President, if in your opinion it is that bad, surely my personal views don't count."