17 November 2022

FREEDOM OF INFORMATION: The Kennedy Assassination...State Secrets Outweigh The Public Interest

". . .Almost exactly 59 years after those rifle shots rang out in Dealey Plaza, left a president mortally wounded and changed the course of history, there are still secrets that the government admits it is determined to keep about the November 1963 assassination of President John F. Kennedy. More than 14,000 classified documents somehow related to the president’s murder remain locked away, in part or in full, at the National Archives in clear violation of the spirit of a landmark 1992 transparency law that was supposed to force the release of virtually all of them years ago. . .Last year, President Joe Biden ordered another review of the documents to allow more to be made public this December. Officials involved in the declassification process say they are optimistic that a large batch of documents will be made public next month. . .

And no matter what Biden decides, about 500 documents and other items in the collection will remain secret, since the 1992 law exempts them from public release. Among them are documents produced by federal grand juries and by the Internal Revenue Service, including the tax and employment records of Oswald, Ruby and many of their associates.

PLEASE NOTE -- It also includes tape recordings of six interviews conducted in 1964 with Jacqueline Kennedy and former Attorney General Robert Kennedy by the journalist William Manchester, who was authorized by the Kennedy family to write a history of the assassination. Those tapes were turned over to the Archives by the Kennedy family in exchange for an agreement they would not be made public until 2067 — the 100th anniversary of the publication of Manchester’s bestselling book The Death of a President

www.politico.com

Why We Still Don’t Have the JFK Assassination Files

By Philip Shenon 11/15/2022 11:00 AM EST Link Copied
15 - 19 minutes

 


President John F. Kennedy, with his wife Jacqueline Kennedy seated beside him, waves from his motorcade minutes before he was shot in Dallas, Texas on Nov. 22, 1963. | Jim Altgens/AP Photo

Philip Shenon, a former Washington and foreign correspondent for the New York Times, is author of A Cruel and Shocking Act: The Secret History of the Kennedy Assassination.

 

The fact that anything about the assassination is still classified — and that the CIA, FBI and other agencies have refused to provide the public with a detailed explanation of why — has convinced an army of conspiracy theorists that their cynicism has always been justified.

Newly released internal correspondence from the National Archives and Records Administration reveals that, behind the scenes, there has been a fierce bureaucratic war over the documents in recent years, pitting the Archives against the CIA, FBI and other agencies that want to keep them secret.

The correspondence, obtained under the Freedom of Information Act, shows that the Archives has tried, and often failed, to insist that other agencies comply with the 1992 law by declassifying more documents. The struggle was especially fierce in 2017, when then-President Donald Trump sided with the CIA and FBI and agreed to waive a supposedly concrete legal deadline that year to release all classified documents related to the JFK assassination. . .

The internal correspondence from the Archives helps resolve one lingering mystery about the documents: In their negotiations with the White House and the Archives in recent years, how have the CIA, FBI, the Pentagon and other agencies justified keeping any secrets about a turning point in American history that occurred decades ago — an event that has always inspired corrosive conspiracy theories about government complicity?

In the past, those agencies have provided the public with only vague explanations about their reasoning, citing potential damage to national security and foreign policy.

✓ The Archives correspondence reveals, for the first time, their detailed justifications, providing a rare window into reasoning inside the CIA and FBI. In many cases, it shows, the CIA and FBI pressed to keep documents secret because they contained the names and personal details of still-living intelligence and law-enforcement informants from the 1960’s and 1970’s who could be at risk of intimidation or even violence if they were publicly identified.

Many of those sources — now elderly, if not close to death — are foreigners living outside the United States, which means it would be more difficult for the American government to protect them from threats. The CIA has also withheld information in the documents that identifies the location of CIA stations and safehouses abroad, including several that have been in use continuously since Kennedy’s death in 1963.

✓ The Archives correspondence shows that, while much of the still-classified information is only indirectly related to the assassination, some of it comes directly from the FBI’s “main investigative case files” about the president’s murder. That includes the all-important case files on Lee Harvey Oswald, Kennedy’s assassin, and Jack Ruby, the Dallas strip-club owner who murdered Oswald two days after Kennedy’s death.

The Archives paperwork shows that the FBI and Drug Enforcement Administration have fought particularly hard to protect the identity of informants in organized-crime investigations — an argument that will intrigue conspiracy theorists who believe the Mafia was behind Kennedy’s death. Many assassination researchers argue that the assassination was blowback for the so-called war on organized crime waged by the president’s brother, then-Attorney General Robert Kennedy.

In fact, the correspondence shows the overwhelming majority of the documents that the FBI has withheld from the public in recent years somehow involved organized-crime investigations. Of the nearly 7,500 documents that the FBI kept classified at the time of the 2017 deadline, 6,000 were from “various files of members of organized crime or La Cosa Nostra.”

✓ The DEA made a special plea to black out the names of six confidential informants identified in assassination-related files involving organized-crime investigations: “Given the well-documented propensity for violence by the Mafia, it is reasonable to expect the individuals, if alive, remain in significant danger of retaliation for their assistance,” the agency said in a 2018 letter to the Archives.

✓✓ The internal correspondence and emails from the Archives were provided to POLITICO Magazine by Larry Schnapf, a New York lawyer who filed a federal lawsuit last month against President Biden and the National Archives, demanding release of all the still-classified assassination documents. Schnapf, whose clients in the lawsuit include the Mary Ferrell Foundation, an assassination-research group, obtained the internal correspondence from the Archives under a Freedom of Information Act request.

Even though he is now suing the National Archives, he said in an interview he was impressed by the aggressiveness of Archives officials in trying to force the CIA, FBI and other agencies to abide by the 1992 law, which called for the declassification of all assassination-related documents within 25 years — a deadline reached in October 2017. The fact that so much information remains classified today “only feeds a lot of the more bizarre conspiracy theories” about Kennedy’s death, he said.

The 1992 law, the John F. Kennedy Assassination Records Collection Act, was adopted by Congress in hopes of controlling a firestorm of conspiracy theories whipped up the year before by the release of Oliver Stone’s popular, conspiracy-soaked film JFK, which suggested Kennedy was killed in a coup d’etat involving his successor, President Lyndon Johnson. 

Opinion polls have shown consistently since the late 1960’s that most Americans believe there was a conspiracy in Kennedy’s death — that Oswald, assuming he was the assassin in Dealey Plaza in Dallas, did not act alone.

As a result of the law, millions of pages of documents were made public in the 1990’s that rewrote elements of the history of the assassination. The declassified files did not offer conclusive proof of any sort of conspiracy in the president’s death. But they did reveal how much evidence — especially about Oswald — had been withheld by the CIA and FBI from the Warren Commission, . .The correspondence shows that the Archives, which has housed the assassination records for decades, has long warned the CIA, FBI and other agencies that they are failing to abide by requirements of the 1992 law, which allowed JFK-assassination information to remain classified only if there was “clear and convincing evidence” of a “substantial risk of harm” to national security or foreign policy.

. . . The National Archives said in a statement to POLITICO Magazine that it had recently completed its review of the still-classified material and provided its recommendations to President Biden about which documents should be released on Dec. 15.

Bosanko, the Archives official overseeing the project, said in an interview that the recent interagency review of the JFK documents had been the most intensive in decades, involving a page-to-page inspection, with the CIA, FBI and other agencies pressed to justify why any information — including individual names and addresses — should continue to be withheld from the public: “We looked at every single redaction in these documents.” He said his team is continuing to negotiate with the CIA and other agencies this month in hopes of convincing them — before the Dec. 15 deadline set by the White House — to lift their opposition to releasing some of the still-classified material.

A spokeswoman for the CIA said the agency was working closely with the Archives with the goal of “releasing as much information in the public interest as possible, consistent with the need to prevent harm to intelligence operations.”

. . .

Archives officials and others in the government have cautioned for years that the public should not expect to find bombshells in the still-secret documents – at least no bombshells that can be easily detected. Many of the previously declassified CIA and FBI files were full of bureaucratic jargon, codenames and obscure foreign names and addresses that made them incomprehensible at first, even for experienced researchers.

And no matter what Biden decides, about 500 documents and other items in the collection will remain secret, since the 1992 law exempts them from public release. Among them are documents produced by federal grand juries and by the Internal Revenue Service, including the tax and employment records of Oswald, Ruby and many of their associates.


 

It also includes tape recordings of six interviews conducted in 1964 with Jacqueline Kennedy and former Attorney General Robert Kennedy by the journalist William Manchester, who was authorized by the Kennedy family to write a history of the assassination. Those tapes were turned over to the Archives by the Kennedy family in exchange for an agreement they would not be made public until 2067 — the 100th anniversary of the publication of Manchester’s bestselling book The Death of a President. The law also exempted the public release of what the Archives index describes as five “very personal letters” that Mrs. Kennedy wrote to President Johnson, including at least three she sent to him in the week after the assassination.

What might be on Manchester’s tapes has long tantalized historians and assassination researchers. He later wrote in his memoirs that he recorded 10 hours of wrenching conversations with Mrs. Kennedy, in which she offered a detailed account of events in the days surrounding the assassination, including a description of the horrifying scene inside the president’s limousine as the shots rang out in Dealey Plaza. “She withheld nothing,” he wrote. The interviews in Mrs. Kennedy’s home in Georgetown were bearable only because of the cocktails they drank throughout, he suggested. “Future historians may be puzzled by the odd clunking noises on the tapes,” Manchester wrote. “They were ice cubes. The only way we could get through those long evenings was with the aid of great containers of daiquiris.”

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