. ve 4 Released under the. John F...Kennedy.. | -DATE:- 11-14-2017 i “Adtegal wiretap) vevelation of ‘these coulé harm innocént persons, “divulge the Aaentity of informants, expose » Loada, in othe r criminn casos, cubaracs! she rer, ‘etc. none ‘of those hanes could cone al . . ve through making available. the spactogreshic analyses ; in ‘the inatan 7 . case. atseotty in point, and to the extent. that they are relevant, | not ag gi ngle one passes 1 upon: the s question of ‘the withholding of recor into daw on suly 4, 1966, / peeaident Johnson BR has "I have alt ways. “pelieved that freed on of. information is s ecurity, Rot the. desixe of public ot ffLe eials or private citizens,| should ‘determine stater “1967, ' Docld: 32312828 Page i1 in. ewnaaky, none Of. the cases. élted by ‘defendant io 1 Mis “goxcrusroy | in pigning § the. Freedom L of ingoxriation act (a 9-427) hen ten must be restricted.” {ihe Presidential nent in. toto ds reproduced as Exhibit & hereto. 1. “In Lesvtag. a Gutdance Memorandum, on the “FOX Act in guns, Attorney Ge sneral clark tated: : « whic law WAS initiated by congress ‘and eigns ad. by the President with several key concerns a ~ that disclosure be the’ gene cal rule, not ce -the exception; . | Lee _s that aii _iedivicuals have. equal rights of ae that ‘the “burden be on tha Covexnmant “to. , - Justify the withholding ofaa cocument, not on the pérson who requests itr ~ that individuals impropesly denied access _to Gosunents have a right to sesk in- “junctive relief in the courts; - that there ba a change in Governit “ent policy ; and attitude. | {ALL Of | ttorney Goneral Clark's Porora is reproduced as Exhinit IL hereto.] Paga 9 2 sy y nationh2 Assassination Records: Collection Act of 1997 (44 Ise aa Se mol ms a 2107 hoe
‘Released under the DATE : 11- 14- 2017 RETMeGY ASeasfination Hecords. ollec 10n Ac o a3 ’ + I ; oe PU ge ot ee ars Ces _ provocative 1 Kote in the = ee se (vol. 80, ; © io . ane has been conpldted. o boubly 5O where there, is yo enforcement | activity" but ‘only “tact, finding. wes ae “ee “In the Conclusion’ to its Nenorandun of Pointe and Aut tho- Fitton, defendant says: “that “Congress. porticulerly dzaste ed into the: Public Information Ret. a pronidtion against ine release ‘to the public of ‘the type of docuient plaintife see eke in the dnatant “action,” ‘yet there is ‘AO pr rohiniticn, ag * oviaene: rod in the follow “dng quotation. from a Letter | of ay 7, 1979 to plaintics ‘a attorns Brae Fa ‘, ae cine resp pe ot to “another Freedon ek Information puit in this Court : oe oo Whether. or: ‘not ‘the. dooumenti ‘you sack are , tech=_ nd ‘+0 "phoally exaapt under one or mora of the provisions 2 Of .552(b), 72 have determined that, you ghall ba v granted access to them. ‘the exe ntidns-do-not——--——-+=-—-+}- xeguire that records falling within them be ithe. : -kheld; they merely authorize the withholding of . ‘ «such records, by exempting théa from,the Act “otheruise agplicshhe. conpuls Oxy Sisclosure require: ments .. et . . cee mal [whe full ‘text of this wethae ti printed oa Exhibit | * ot ‘ iit here 2£O. 1. aa aa we ; oy woes 7 ONS wonders wiiat | cS the real xe i for wil ehholding in the instant were cosa, “here: ie no ques tioa of aivaiging the Adentitie s of infor- _mants. there fa no question oz etvalging secret Anvestigative on processes, “Shere” ts no question (OF exbax‘ooment to private parso re the. ‘ppectograpnic ana styses Sn £3 act prove what tha governn ent Ww tnesses before the farren comat scion Anply the a do, er a “comon souice? for all bullets and bulle ot fragmenta, thot vould 2 pear to be no valid reason why the governmént should w Lit hold thon.... even aga ina wbtor | of policy. I£, on tho “other hand, they do not. preve what the wlénessea inply, there is an impsrativd Page 10 » Docld: 32312826 Page 12 . When’ one looks 3: vat the ° histdey. and opirit of 5 U.S.C. 552} 7
Released under the Jehn F. Kennedy Assassination Records Collection Act o DATE: 11- ‘L4- (2017— ; , xeason to ) wich to withhold then, i. “Gee the vole | Warren  Comivator oo Report and its. conetusions” come. tuidsling down. i plaints dogs. riot as ok, how aver, that the 230 records'bo made’ ava ailople ‘to Aina. as a matiter of policy ¢ er. (GEASS. it dg lade tiff's co tention that ho ‘ts entitled ‘to access to then under » a 5 U.8.C. 85 2asa matter : of deve LS ns _ we Bherefore, ¢ the Court ic asked to over-rule deg fendant's notéans to dismiss and for sunny judgront and te set the: case | ; down for trial near, “the head of the docket, as provided An. 5 U.3.C. 552 (2) (3) se *. Escept } aS to causes the court considers Of. ¢.- greater importance @, proceedings before tha District Court, as authorized hy this peragraph, . take precedence on the docket over-allothers = , @auses and Hnall be assigned Zor hearing and trial 2 @t the. earliest practicalsle ¢ dat ie and: expedited an every: aye ; s ae ee Samircee ee ee a es | pradntice’ syonews his requesé, tha at the Court enjoin the z defen dant from further withhold aes wl of the xecords sought. ‘. ” BEREARD FORSTENALD, nim . an ie ow he ‘4 0" $27 18th St., NeW. - ; a re Washington, DiC 20005 a ne ate “nttomney fox Plaine nis 3 " cEntuProwes ov sonvrcs pee |o x noreby cortity that | sex vic co of ‘this Answer has peor made upon “Thomas A. vlannezy, ‘Jose eph Me Hannon, and Rober rt Me t — werdig, ee, U.S. courthouse, Washington, ‘De Coe on thie 16 ~ day of October, 1¢70, oo . oe coe BE SEARD Fi PSSa HEALD oR, . ~ c a BT re Page 11 Doeld: 323128275 Page 13
‘Released under the John F . Kennedy Assassination Records C i DATE: 11-14-2017 se ee tne Collection Act of 1992 (44. USC.21 . ee EXHIBIT II FOREWORD . an If government is to be truly of, by, and for the people, the people must know in detail the activities of government, Nothing so dimin- ishes democracy as secrecy. Self-government, the maximum participa- tion of the citizenry in affairs of state, is meaningful only with anin- |" formed public, How can we govern ourselves if we know not how we govern? Never was it more important than in our times of mass society, when government affects each individual in so many ways, that the right of the people to know the actions of their government, be secure. ” Beginning July 4,a most appropriate-day, every. executive agency,. a Oo, . ; ae by direction of the Congress, shall meet in spirit as well as practice ee re we the obligations of the Public Information Act of 1966. President John- 7 ve fe son has instructed every official. of the executive branch to’ cooperate ” fully in achieving the public’s right to know. OC Public Law 89-187 is the product of prolonged deliberation. It re- flects the balancing of competing. principles within our democratic order. It is not a mere recodification of existing practices in records , management and in providing individual access to Government docu- ; : . ments. Nor is it a mere statement of objectives or an expression of ee Oo oe “intent. : . : Se Coe I od Rather this statute imposes on the executive branch an-affirmative = ae ; SG obligation to. adopt new standards. and practices for publication and : ; Lo sO i availability of-information. Tt leaves no doubt. that disclosure is a. ct “transcendent goal, yielding only to such compelling considerations as -_ thoso provided for in the exemptions of the act. , ; Pye oo ; i This memorandum is intended to’ assist every agency to fulfill this ee Sc , obligation, and to develop common and constructive methods of im- coe oo, A plementation. ° a ce, ’ oS 7 | - No review of an area as diverse and intricate as this one can ‘antici- So : voy He te 7 pate all possible points of strain or difficulty. This is particularly truo i . when vital and deeply held commitments in our democratic system, _ ; such as privacy and the right to know, inevitably impinge one against | : oo oO te another. Law is not wholly self-explanatory or self-executing. Its -. ; ; ; on eflicacy is heavily dependent on the sound judgment and faithful TR , , Le fr execution. of ‘those who direct and administer our agencies Of = \ ee . | Government. mo . . SO a ue : It is the President's conviction, shared by those who participated. a ; / “in its formulation and passage, that this act is not an unreasonable | Cf “encumbrance. If intelligent and ‘purposeful action is taken, it can ; oy serve the highest. ideals of a free society as well as the goals of a well-administered government. ; a : This law was initiated by Congress and signed by the President with ; i - several key concerns: - oy : . no , a my —that disclosure bo the general rule, not-the exception ; oy my : Doecld: 323128275 Page 14