Between 1994 and 1998, the Assassination Records Review Board (ARRB) reviewed and declassified millions of pages of JFK records, contributing immensely to the history of the JFK’s murder, his presidency, and the Cold War.
The board’s final report also laid down the law to any government agency that wants to continue withholding JFK documents past October 26, 2017.
“… the JFK Act mandated that all postponed assassination records be opened to the public no later than the year 2017 (25 years from the date of enactment of the JFK Act).
The report goes on:
“Government offices could continue to postpone public release of material in assassination records after the year 2017 if “the President certifies” that (1) “continued postponement is made necessary by an identifiable harm to the military, defense, intelligence operations, law enforcement, or conduct of foreign relations” and (2) “the identifiable harm is of such gravity that it outweighs the public interest in disclosure.”
The report stated: “Without such certification, NARA will release all postponed records or portions of records in 2017. [emphasis added].
“… government offices could request the Review Board to agree to postpone the release of information in an assassination record only if the agency could demonstrate by providing ‘clear and convincing evidence’ to the Review Board a compelling need for postponement.”
This is the legal standard that all federal agencies must meet if they want to continue withholding JFK documents. They must present “clear and convincing” evidence of harm and such harm must outweigh the public interest. Speculation will not suffice.
IF in fact Lee Harvey Oswald was a “Lone Nut Assassin”, and if in fact their was no “conspiracy” as declared by Hoover and the Warren Commission assertions, then no agency is withholding documents to protect “National Security”. If in fact this is a matter of “Case Closed” per “Posner”, then there is no National Security to protect. If agencies (CIA) are not protecting National Security, then what? They are protecting themselves through the only possible means available to them…the pretense of protecting “National Security” as it is their only hope of keeping their secrets.
No matter what happens we should all thank Jim Lesar and Jeff for confronting Our Government regarding FREEINGTHRFILES. Without their efforts and this site most would not know of Joannides or his role.
Few others would know of Harvey, Phillips, Morales, Angleton (coming soon), or Dulles (thanks also to Mr. Talbot). Such a long list of others who have contributed to get to this point. Impossible to list all. Just looking right to left om my incomplete library… Crenshaw, Palamera, Hancock, DiEugenio, Livingstone, Lane, Russell, Garrison, Morley, Douglass, Prouty, McBride, Law, Groden, Ernest, Talbot, Scott, Marrs, Wecht, Lifton, Meagher and many others.
I fear the incoming administration may try to restrict much more governmental information from public access. Not just the assassination files. It’s already refusing to deal with even the corrupted Main Stream Media. Much less releasing information on a past atrocity. But I may be full of it. The pe might do it just to jack with the cia unpredictable as he is.
“..such harm must outweigh the public interest”. If we, the public, have concerns with any “harm”, where do we send our concerns?