Before we get too excited....
let's look more closely at the JFK executive order
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.
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.
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; or
(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.
THE WHITE HOUSE,
January 23, 2025.
We’re all good… up to section 3. The Executive Order version of fine print. You know - where all the loopholes are hidden in legal jargon.
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; or
Interpretation. If they want to withhold or redact documents, they can, using the same old lame excuses.
(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
Interpretation. The Director of the Office of Management and Budget may decide this is not a good use of public funds. The appropriations bill may also not get through.
Apart from that, there may be legal actions delaying it, or other administrative tomfoolery to delay. But most egregious of all, there are numerous records not identified as JFK Records under the JFK Act and are therefore not subject to this Executive Order - even if it goes through smoothly.
This includes films held by NBC showing the depository steps at around the time of the shots - and CIA records pertaining to Operation REDCAP which had parachuted an agent into Minsk while Oswald was living there. The agent was eventually captured and executed, forcing the operation to be shut down in the USSR - this decision coinciding with Oswald’s desire to return to the US. There are other records that should also be classified as JFK records.
Bottom line: everything can be released that they have right now and if anything, it will just lead down more rabbit holes. Good luck to those sweating on it. I know some love their rabbit holes.
Brilliant politics though. Makes him look like he is keeping his promise (and it may turn out that way, notwithstanding the records as above, are woefully incomplete). But if it doesn’t happen, it is because he is providing the same old same old get out of jail free cards to the agencies - and once again, the blame will be with them.