MemoMemorandumTrump 45 · R

Presidential Memorandum

Certification for Certain Records Related to the Assassination of President John F. Kennedy

President Trump certified continued withholding of certain JFK assassination records until October 26, 2021, citing national security, law enforcement, and foreign affairs concerns. Agencies must re-review redactions over 3 years and disclose information that no longer warrants withholding. Any agency seeking further postponement beyond 2021 must justify this to the Archivist by April 26, 2021, with the Archivist recommending to the President by September 26, 2021.

Impact dates

  1. Full public disclosure of records or end of certified withholding period

  2. Archivist must recommend to President whether continued withholding is warranted

  3. Agencies seeking further postponement must identify specific basis to Archivist

  4. Agencies must re-review each redaction (3-year period from signing)

Key directives

  • Certify continued withholding of JFK assassination records until no later than October 26, 2021
  • Order agencies to re-review each redaction over the next 3 years
  • Direct agencies to disclose information that no longer warrants withholding at any time during review period
  • Require agencies seeking further postponement beyond October 26, 2021 to identify specific basis to Archivist by April 26, 2021
  • Direct Archivist to recommend to President by September 26, 2021 whether continued withholding is warranted
  • Authorize and direct Archivist to publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Continued withholding of specified JFK assassination records certified
  • Agencies directed to begin 3-year re-review of redactions

Near term (90d)

Long term

  • October 26, 2021 deadline for full disclosure or further certification
  • April 26, 2021 deadline for agencies to justify further postponement
  • September 26, 2021 deadline for Archivist recommendation to President

Risks & tensions

  • Tension between transparency and national security: document cites 'identifiable harm' but also acknowledges congressional finding that 'only in the rarest cases' is continued protection legitimate
  • Vague standard for disclosure during 3-year re-review—no mandatory disclosure triggers specified beyond agency discretion
  • Potential for indefinite delay: mechanism exists for further postponement beyond 2021, creating risk of perpetual withholding
Presidential Memorandum: Certification for Certain Records Related to the Assassination of President John F. Kennedy · Executive Orders