Issues in Play in Court and Congress

Key Issues in Play in Court and Congress

As Bill Simpich has noted, we now have a live court case in progress, with a meeting between attorneys for the Plaintiffs and Defendants in early August and a meeting between the Plaintiffs lawyers (Simpich and Schnaps) on August 17, 2023, when the Judge will be given additional papers including lists of records destroyed, missing, withheld and withdraw that are now being compiled. The Judge and Plaintiffs attorneys will then present the lists to the NARA who must request the Department of Justice to investigate and determine if crimes have been committed in the destruction or theft of records. 

While the Judge did not rule on the failures of Presidents Trump and Biden for failing to release all of the JFK assassination records as required by the JFK Act, he gives the President the power to do what he wants, which leaves us in the position of trying to get a new President who will enforce the JFK Act, or get Congress to act again by holding hearings on the JFK Act of 1992, passing the new JFK Act of 2023 as amended, or establishing a permanent Assassinations Records Review Board that would review records of all assassinations, including those yet to occur. We will be coordinating a concerted Congressional Campaign for the fall of 2023. 

SOME KEY ISSUES IN PLAY 

1) The President has the authority to withhold records, certify and declare whatever he wants. Biden has washed his hands of his responsibilities under the JFK Act, and will do nothing more as long as he is in power. This is already a Presidential campaign issues as candidates Trump and RFK,Jr both promise to release all remaining records shortly after taking office and appoint a strong open records Archivist, one with a backbone. As of now, Biden has approved the NARA-CIA-Pentagon created Transparency Plan that is quite different than the JFK Act of 1992, which lists reasons the President and only the President can continue to withhold records. And he must state the reason for continued withholding each of them. Biden has relinquished his power to continue withholding records and releasing them to the relatively new National Declassification Center (NDC), which comes under the umbrella of the NARA. And they will be using the new Transparency Plan directives instead of the JFK Act. 

2) The JFK Act does not permit the redaction of names of living persons as a reason for withholding records, but it is an element in the CIA-DOD created Transparency Plan, that the judge rules is now, and has been in effect. This is the issue that I addressed in my affidavit-declaration to the court 

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

3) Another reason for withholding records is the mention of - Ongoing Covert Intelligence Operations - many in cooperation with foreign countries. There are a number of joint operations in play, including those with the CIA and Mexican police and security agencies, and the USA and Australia ELINT listening post in the Aussie Outback town of Alice Springs, in the shadow of Ayres Rock. See Collins Radio file, that they tried to withhold by classifying it Not Believed Relevant NBR, but it certainly is. 

[JFKCountercoup2: New Collins Radio Document Released]

4) The Judge in his ruling makes no mention of NARA continuing the search for additional Records, which means it must be ongoing.

5] The Judge did rule that NARA is responsible for notifying Department of Justice of Records Destroyed, and a list is being compiled, as well as records missing, withdrawn and withheld. 

 [ JFKcountercoup: Missing JFK Assassination Records - Revised and Updated]

 6) The Judge also ruled that NARA must provide a searchable digital index and a published guide to the JFK Collection, that the JFK Act requires, a requirement that was never met. The NARA has a working JFK Collection data base that is frequently updated, but it is not open to the public, only archivist who work there. The public data base is basically useless and is years outdated. 

7) The judge ordered the release of all Congressional Records in the JFK Collection, which would include Pike Committee, Church Committee - Schweiker/Hart Subcommittee, House Select Committee on Assassinations (HSCA) and Assassination Records Review Board records.  

8) OTHER - There may be others that I missed.