Released under the-Jdohn-F : Kennedy Assassination” Records” “Collection Act of 1992 (44 ue 2107 Ho DATE: 11- ‘14s =2017 se a, a ey ~ re OBR. we Le . Ag . a $ ares oo a. o ee | . OQ a s lI: 2 Fe Coenen . oo or ob, ky a oO —that all individ shave equal rights of access; ; 7 pe ; —that the burden be on the Government to justify the w ithholding : : “of a document, not on the person who re quests it; a - . that. individuals improperly denied access to documents have § a ; ' . ad right to'sceek injunctive ‘relief inthe courts; | ; ~= -—vthat there be a change in Government policy and atituide: ¢ ot It is important thorefore that each agency of Government use this | . A opportunity for critical self-analysis and close review. Indeed this law * yoo . _ : ai ean have positivo atid beneficial influence on administration itself—in. — , ‘better records management; in seeking the adoption of better methods of search, retrieval, and copying; and in making sure that documentary ‘classification is not stretched beyond the limits of demonstrable need. At the same time, this Jaw gives assurance to the individual citizen.” that his private rights will not be violated. The individual deals with’ the Government in a nweber of protected relationships ‘which could” > ~ _ be destroyed if the right te know were not modulated by principles of confidentiality and privacy. Such materials as tax reports, medical _- and personne] files, and trade secrets must remain outside the zone of. : -'- aecessibility. ot oY This memorandum represedts a conscientious effort to correlate the eo no’). text of the act-with its relevant legislative history. Some of the statu-|- . '" tory provisions allow room for more than one interpretation, and de- finitive answers may have to await court rulings. However, the 7 _+  ~ Department of Justice believes this memorandum provides a sound . ; ; oO working basis for all agencies and is thoroughly consonant withthe in-’ oye oo . Co TE, tent of Congress. Each agency, of course, must determine for itself the applicability of the general. principles expressed in thismemorandum. to the particular records in its custody. - This Jaw can demonstrate anew the ability of our branches of Gov- -t /. . "ernment, working together, to vitalize the basic principles of our de- - . mocracy.-It is a balanced approach to one of those principles. -As the 1 President stressed in signing the law: “* -* * a democracy works best when the people have all the information that the security-of the Nation permits. No one should be-able.to"pull curtains of secrecy around decisions which can be revealed without injury to the public interest * * *, I signed no this measure with ‘a deep sense of ride that the United States is e an open society in which the people's right to know is cherished tind guarded. This memorandum is offered in the hope that it ‘will assist t the aven- | cies in dev: eloping a uniform and constructive implementation of Public Law:89--487 in line with its spirit and purpose and the President’s ‘instructions. - Ramsey Chars, Attorney General, - . June 1967. | Docld: 32312828 Page 15
| Released under the Jehn F. Kennedy Assassination Records Collection Act. of 1992 (44 use 2107 Hover . DATE: 11-14-2017: +. ite ae “ ft / oa aw EXHIBIT Ir «Office of the Attarn.j OSteral - | HMashington,€ wey e . 3 . oo MAY g agg . . . . : . | i | I Mr, Bernard Fensterwald, Jr.. Fensterwald, Bevan and Ohlhausen -: Attorneys At Law oe '-927 Fifteenth Street, N. W..’ Washington, D.C. 20005 Dear Mr. Fensterwald: This is in response to your letter df February 2, 1970, requesting-my review of the:denial. by the Deputy Attorney General of your request under the Freedom of Information Act, ~5 U.S.C. § 552, for access to official records of the Depart- ment of Justice. Although you requested access to several BG . items which the Deputy declined to make available, you have CG . . + &ppealed only his denial of the request for "[a]1lk documents ° col : _ filed by the United States with the Court in England in June-. July, 1968, in the exttadition proceeding by which James Earl on Ray, the convicted killer of Dr. Martin Luther King, was™res “turned to this country." . . oe te Se a weet : ee a . _ Whether or not the documents you seek are technically exempt undes-. one or. more of the provisions of § 552(b), I . have: detevmined“that you’ shall be.granted .access to them, a ~ ‘The exemptions do-not* require that. records falling within’ ° them be°withheld; they merely authorize ‘the withholding of .. Such records by exempting them from the Act's otherwise ap~ / | plicable compulsory disclosure requirements, SO, co “Sincerely, oo | Attorney General ; ' Doeld: 32312898 Page 16
| Released under the John F. DATE: 11-14-7017 wry Tad. preg ve Fe Vas ep eran ce Kennedy Assassination Records Collection Ae _the sccurity of the Nation permits. No one should be ablé to pull cur- ’ viduals may require that some documents:not bo:made available. As. " ment and to provide information, just-as he is—and should be—free - '‘gories of information. Both are vital to tha welfare of our people: _ our Constitution to provide for confidentiality when the national in- terest. so requires. Thore are some who havo expressed concern that the ..Government operations. I do not share this concern. Act of 1992 (44 USC 2107 Hofer OTe ey ee eo “ -*: . SPATEMENT BY PRESIDENT JOHNSON 2 - UPON SIGNING PUBLIC LAW. 89-487 ON. LULY 4, 1966 . : : ey. The measure I sign today, S. 1160, revises soction 3 of the Admin- | istrative Procedure Act to provide guidelines for the public. avail- ability of the records of Federal departments and agencies. — This legislation springs from one of our most. essential principles: a democracy works best when. the peopletiave all the information that . ae tains of secrecy around decisions which can be revesled without injury —- - oo tothe public interest. ; ; : a 2 At the same time, the welfare of the Nation or the rights of indi: |” long as threats to peace exist, for example, there must be military secrets, A citizen must-be able in confidence to comphiin to his Govern- to confide in the press without fear of reprisal or of being required to reveal or discuss his sourees. 7 . i : Fairness to individuals alsp requircs that information accumulated *:¢ in personnel files be protected from disclosure. Officials within Govern- ment must be able to communicate with one another fully and -frankly without publicity. They cannot. operate effectively if required to dis- close information prematurely or to make public investigative files’ and internal instructions that guide them in arriving at their décisions. . T know that the sponsors of this bill recognize these important. in- terests and intend to provide for both tho need of the public for access to information and the need of Government. to protect certain ¢cate- Moreover, this bill in‘no way impairs the President’s power under language of this bill will be construed in-such a way as to impair IT have’ al Ways ‘believed'that, freedqm of infortnation is so vital that only the national security, not the desire of public officials or private citizens, should determine when it must be restricted. I am hopeful that the needs TI have mentioned ean be served By a. constructive approach to the wording and spirit. and legislative history’ of this measure. I am instructing every official in this administration - to cooperate to this end and to make information available to the : full extent. consistent with individual privacy and withthe national >.» I signed this measure with a deep sense of pride that the United tates is an open society in which the people's right-to know: is cherished and guarded. a - ° |" DocId: 32312828 Page 17