Declassification of Records Concerning the Assassinations of President John F. Kennedy
Issued by the President, this order mandates the declassification and public release of all records in the Federal Government's possession concerning the assassinations of President John F. Kennedy, Senator Robert F. Kennedy, and Reverend Dr. Martin Luther King, Jr. Despite previous certifications and redactions, the executive order prioritizes transparency and public interest, directing relevant agencies to fast-track the release within specified timeframes.
Arguments For
- Intended benefits: Increased transparency and public access to information surrounding pivotal historical events; fulfillment of the spirit, if not the letter, of the JFK Assassination Records Collection Act; potential for uncovering previously unknown facts and fostering a more complete understanding of these events.
- Evidence cited: The existing JFK Assassination Records Collection Act, which mandates disclosure unless national security concerns explicitly outweigh public interest; the President's prior certifications and re-evaluations of redacted information.
- Implementation methods: The Director of National Intelligence and Attorney General are tasked with developing plans for full release of relevant records within specified timeframes.
- Legal/historical basis: The President's constitutional authority and the 1992 JFK Assassination Records Collection Act, along with ethical and historical arguments for transparency.
Arguments Against
- Potential impacts: Potential release of sensitive national security information, potentially impacting ongoing investigations or compromising intelligence sources and methods; logistical challenges involved in reviewing and releasing potentially vast amounts of sensitive records; potential for misinterpretations and the spread of misinformation based on released information.
- Implementation challenges: The sheer volume of records to be reviewed and processed; disagreements about what constitutes “identifiable harm” to national security; the possibility of legal challenges to the release of specific information.
- Alternative approaches: A phased release of documents, prioritizing those with the highest public interest value while continuing to protect sensitive information; greater reliance on historical committees or independent experts to assess and resolve disagreements about redactions.
- Unintended effects: Potential for increased conspiracy theories or public unrest; the possibility of inadvertently harming relationships with foreign governments or intelligence agencies; the potential for reputational damage to individuals or organizations due to revealed information.
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy and Purpose. More than 50 years after the assassinations of President John F. Kennedy, Senator Robert F. Kennedy, and the Reverend Dr. Martin Luther King, Jr., the Federal Government has not released to the public all of its records related to those events. Their families and the American people deserve transparency and truth. It is in the national interest to finally release all records related to these assassinations without delay.
The President John F. Kennedy Assassination Records Collection Act of 1992 required all records related to the assassination of President Kennedy to be publicly disclosed in full by October 26, 2017, unless the President certifies that: (i) continued postponement is made necessary by an identifiable harm to the military defense, intelligence operations, law enforcement, or conduct of foreign relations; and (ii) the identifiable harm is of such gravity that it outweighs the public interest in disclosure. President John F. Kennedy Assassination Records Collection Act of 1992, section 5(g)(2)(D), Public Law 102-526, 106 Stat. 3443, 3448–49, codified at 44 U.S.C. 2107 note.
I previously accepted proposed redactions from executive departments and agencies (agencies) in 2017 and 2018, but ordered the continued re-evaluation of those remaining redactions. See Temporary Certification for Certain Records Related to the Assassination of President John F. Kennedy, 82 Fed. Reg. 50,307–08 (Oct. 31, 2017); Certification for Certain Records Related to the Assassination of President John F. Kennedy, 83 Fed. Reg. 19, 157–58 (Apr. 26, 2018). In the Presidential Memorandum of April 26, 2018, I also ordered agencies to re-review each of those redactions over the next 3 years and disclose information that no longer warrants continued withholding under the standard set forth in section 5(g)(2)(D) of the President John F. Kennedy Assassination Records Collection Act of 1992.
President Biden issued subsequent certifications with respect to these records in 2021, 2022, and 2023, which gave agencies additional time to review the records and withhold information from public disclosure. See Temporary Certification Regarding Disclosure of Information in Certain Records Related to the Assassination of President John F. Kennedy, 86 Fed. Reg. 59,599 (Oct. 22, 2021); Certifications Regarding Disclosure of Information in Certain Records Related to the Assassination of President John F. Kennedy, 87 Fed. Reg. 77,967 (Dec. 15, 2022); Certification Regarding Disclosure of Information in Certain Records Related to the Assassination of President John F. Kennedy, 88 Fed. Reg. 43,247 (June 30, 2023).
I have now determined that the continued redaction and withholding of information from records pertaining to the assassination of President John F. Kennedy is not consistent with the public interest and the release of these records is long overdue. And although no Act of Congress directs the release of information pertaining to the assassinations of Senator Robert F. Kennedy and the Reverend Dr. Martin Luther King, Jr., I have determined that the release of all records in the Federal Government’s possession pertaining to each of those assassinations is also in the public interest.
This section outlines the President's authority and intention to release classified records related to the assassinations of President John F. Kennedy, Senator Robert F. Kennedy, and Reverend Dr. Martin Luther King, Jr. It emphasizes transparency and the national interest, noting that previous attempts at declassification were hindered by concerns about national security.
The President has override previous redactions and certifications, seeking full disclosure.
Sec. 2. Declassification and Disclosure. (a) Within 15 days of the date of this order, the Director of National Intelligence and the Attorney General shall, in coordination with the Assistant to the President for National Security Affairs and the Counsel to the President, present a plan to the President for the full and complete release of records relating to the assassination of President John F. Kennedy.
(b) Within 45 days of the date of this order, the Director of National Intelligence and the Attorney General shall, in coordination with the Assistant to the President for National Security Affairs and the Counsel to the President, review records related to the assassinations of Senator Robert F. Kennedy and the Reverend Dr. Martin Luther King, Jr., and present a plan to the President for the full and complete release of these records.
This section mandates immediate and coordinated action by key government officials to declassify and disclose records related to the assassinations.
The Director of National Intelligence and the Attorney General are tasked with developing and presenting plans for the release within specific deadlines (15 and 45 days), working with other high-ranking officials to ensure a thorough and timely process.
Sec. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof;
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
This section clarifies the order's limitations, ensuring it does not infringe upon the authorities and functions of other government parts or create enforceable rights.
It states the order must be executed in line with existing laws and available funding, emphasizing its administrative rather than legal impact.