Final Declaration of William E. Kelly, Jr. MFF v. Joseph R. Biden and NARA

William E. Kelly, Jr.'s Final Declaration in MF v. President Biden and NARA 

 Statue of Justice outside the front door to the National Archives 

Reads: WHAT IS PAST IS PROLOGUE 

Bill e. Kelly Notes: While most people believe "What Is Past Is Prologue" means that we are doomed to repeat the past if we don't learn it's lessons, or as Peter Pan said, "this has all happened before and it will happen again."  

Actually it is a Shakespierian quote from The Tempest, about a shipwreck, and two characters discussing a murder they are about to commit, with the meaning being that all that's happened in the past led up to the crime they are about to commit, a notion that I feel is appropriate here and now. 

I also want to note that I am proud to have been asked by the lead attorneys for the Plaintiffs in this case to contribute in my small way, as I think it is very important that every effort be made to ensure that the JFK Act of 1992 is enforced to the hilt and carried out until the Archivist of the US can certify that every government JFK assassination record has been accumulated in the JFK Collection at the National Archives and made available to the public, as the JFK Act requires. But that's not going to happen anytime soon, so I am working on maybe in my lifetime. - BK 

No. 3:22-ev-06176-RS 

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

THE MARY FERRELL FOUNDATION, INC; JOSIAH THOMPSON: and GARY AGUILAR 

Plaintiffs, 

v. 

JOSEPH R. BIDEN, in his official capacity as President of the United States; and NATIONAL ARCHIVES AND RECORDS ADMINISTRATION 

Defendants. 

Date: July 13, 2023 Time: 1:30pm 

Dept: 17Floor, Courtroom 3 

Judge Richard Seeborrg 

I, William E. Kelly, Jr., declare: 

1. I am a journalist in New Jersey. My work covers various subjects, including in-depth study of the JFK assassination. 

2. In 1978, when I asked the head Archivist at NARA for JFK Assassination Records, Marion Johnson, why the HSCA records were being sealed for 50 years as Congressional Records, and why not 35 or 70, he said that 50 years was the estimated time in which those mentioned in the documents were dead. 

3. After Congress exempted itself from compliance with the Freedom of Information Act (FOIA), Congressional passage of the JFK Records Act of 1992 was the only way to obtain the release of the congressional records related to the assassination. Since I began to study the assassination in 1969, I have interviewed a number of important witnesses who have since passed away, all of whom supplied important new information that I have shared that otherwise would not be publicly available. A number of important witnesses died shortly before I located them. 

4. The JFK Act required the government to release all of their records in full by October 26, 2017, unless the president issues a certification claiming a need for additional time. This deadline has come and gone with many records still being withheld and many more with redactions, mainly the names of living persons. Some important witnesses have died since then. 

I am informed and believe that we are still waiting to determine the identify of NIEXIT-3, who had Dallas contacts stating that JFK was killed due to a plot by the Chinese and Castro jointly. There was also discussion that the Soviets made up the rumor to "make it rough" on the Chinese Communists and Castro. Memos of this story are attached as Exhibit 1. [ And there are many more examples of this false attempt to blame Castro Cuban Communists for the assassination, which reflects the need to obtain the identify of these informants].

5. The idea that it is the government's responsibility to "protect" these individuals is false, as is the belief that these living witnesses do not want to be questioned, as most of those who I have interviewed were anxious to talk for a number of reasons, especially to correct the record against false allegations made against them. In addition, they expressed the desire for their children and grandchildren to know the truth from their perspective. 

6. Both Jim Braden and John Rosselli expressed the desire for their testimony to be made public, and were extremely dismayed that they had to testify in secret executive sessions and that their testimony was then sealed for fifty years. Rosselli even went to Jack Anderson to tell him what he testified to so it would become known . 

7. When the Secret Service claimed they had destroyed some of their records, including the Tampa Advance report, after the passage of the JFK Act, SS Agent Blaine noted in his book that since he wrote the Tampa report he had a copy in a box under his bed. When I pointed that out to the Archives, they retrieved the documents from Blaine and made them publicly available.

8. For the CIA and FBI to continue withholding names of living witnesses hurts the witnesses as it does the journalists and historians who require such oral interviews to correct and supplement the incomplete and sometimes wrong public record. 

I declare under penalty of perjury that the foregoing is true and correct and of my own personal knowledge except for those matters stated on information and belief, and as to those matters I believe them to be true. Executed on June 29, 2023, in New Lisbon, New Jersey, USA. 

____Signed William E. Kelly, Jr. ________

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