NOTE: JFK- POSTPONED RELEASED DATES
Originator: CIA
From: WITHHELD
To: J. BARRY HARRELSON
Document date: 12/21/1995
Document type: PAPER - TEXTUAL DOCUMENT

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1104-10331-10129

2022 RELEASE UNDER THE PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS ACT OF 1992

ADMINISTRATIVE • INTERNAL USE ONLY

From the Desk ofLinda C. Cipriani

NOTE FOR:

FROM:

DATE:

SUBJECT:

J. Barry Harrelson

(Linda C. Cipriani"

12/21/95 06:19:45 PM

JFK - Postponed Release Dates

I looked over the Board's press release of 12/20/95 which you faxed to me this morning. You asked me whether the Board had

the power to set future "release dates" of postponed documents as stated in the final paragraph of page 2.

Based on my review of the JFK Act, the Board's statement that it is their responsibility to set "postponed release dates" is not

quite accurate. When the Board decides to postpone a document, it also sets a date or condition for future disclösure. (JFK ACT Sec.

9(3)B)). At that time, the originating agency and the Archivist review the document again. (JFK ACT Sec 5(g) 11). Although it is

obviously the Board's hope that the document ultimately gets released in full, the agency and Archivist will have the power to continue

to postpone release if necessary. Any decisions to continue postponment, however, must be supported by a wrtten unclassified

statement that will be published in the Federal Register.

As you are well aware, all records shall be released in full by 2017. However, even then, the agency can always appeal to the

President. Postponement is possible beyond 2017 if the President certifies that it is necessary to prevent an identifiable harm to military

defense, intelligence, law enforcemnt or foreign relations and that harm outweighs the public interest in disclosure.

In sum, it would be more accurate to state that the Board is setting future "review" dates and not "release dates".

I hope this answers your question. If you have any further questions, let me know.

CC:

ADMINISTRATIVE • INTERNAL USE ONLY

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