When George Herbert Walker Bush (I) signed the JFK Act into law, he added a signing statement that ensured the President of the United States - and only the President maintained the authority and power to continue withholding records for reasons of national security after the October, 2017 date stipulated by the Act for the complete release of all of the records on the assassination in full. He certainly did not anticipate Donald Trump being president, and despite his many tweets saying he would release all of the records, he submitted to the requests by the CIA and his chief of staff General Kelly (USMC) to continue withholding many thousands of records in full and in part. Here's President Bush's statement released with his signature on the JFK Act of October, 1992.
GEORGE BUSH
41st President of the United States: 1989 ‐
1993
Statement on Signing the President John F. Kennedy
Assassination Records Collection Act of 1992
October 26, 1992
Today I am signing into law S. 3006, the
"President John F. Kennedy Assassination Records Collection Act of
1992." This legislation provides for the review and, wherever possible,
the release of records about the assassination of President Kennedy that have
not yet been made public. I fully support the goals of this legislation.
In the minds of many Americans, questions about
President Kennedy's assassination remain unresolved. Although the Government
already has released many thousands of documents, the existence of additional,
undisclosed documents has led to speculation that these materials might shed
important new light on the assassination. Because of legitimate historical
interest in this tragic event, all documents about the assassination should now
be disclosed, except where the strongest possible reasons counsel otherwise.
While I am pleased that this legislation avoids the
chief constitutional problems raised by earlier versions of the bill considered
by the Congress, it still raises several constitutional questions.
First, S. 3006 sets forth the grounds on which the
release of documents may be postponed, but this list does not contemplate
nondisclosure of executive branch deliberations or law enforcement information
of the executive branch (including the entities listed in sections 3(2) (G)
through (K)), and it provides only a narrow basis for nondisclosure of national
security information.
My authority to protect these categories of information
comes from the Constitution and cannot be limited by statute. Although only the most extraordinary circumstances
would require postponement of the disclosure of documents for reasons other
than those recognized in the bill, I cannot abdicate my (ie. The President’s)
constitutional responsibility to take such action when necessary.
The same applies to the provision purporting to give
certain congressional committees "access to any records held or created by
the Review Board." This provision will be interpreted consistently with my
authority under the Constitution to protect confidential executive branch
materials and to supervise and guide executive branch officials.
Second, S. 3006 requires the Board to report to the
President and the Congress. If the bill were interpreted to require
simultaneous reports, S. 3006 would intrude upon the President's authority to
supervise subordinate officials in the executive branch. I will construe the
provisions to require that the Board report to the President before it reports
to the Congress.
Third, the bill purports to set the qualifications
for Board members, to require the President to review lists supplied by
specified organizations, and to direct the timing of nominations. These
provisions conflict with the constitutional division of responsibility between
the President and the Congress. The President has the sole power of nomination;
the Senate has the sole power of consent.
I note also that S. 3006 provides that, upon request
of the Board, courts may enforce subpoenas that the Attorney General has issued
at the Board's urging. I sign this bill on the understanding that this
provision does not encroach upon the Attorney General's usual, plenary
authority to represent the agencies of the United States, including the Board,
whenever they appear in court.
S. 3006 will help put to rest the doubts and
suspicions about the assassination of President Kennedy. I sign the bill in the
hope that it will assist in healing the wounds inflicted on our Nation almost 3
decades ago.
George Bush
The White House,
October 26, 1992.
Note: S. 3006, approved October 26, was assigned
Public Law No. 102 - 526. This statement was released by the Office of the
Press Secretary on October 27.
George Bush, Statement on Signing the President John
F. Kennedy Assassination Records Collection Act of 1992 Online by Gerhard
Peters and John T. Woolley, The American Presidency Project
https://www.presidency.ucsb.edu/node/267342
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