MemoMemorandumBiden · D

Presidential Memorandum

Certifications Regarding Disclosure of Information in Certain Records Related to the Assassination of President John F. Kennedy

This memorandum certifies continued postponement of some JFK assassination records while ordering release of others. It sets a June 30, 2023 deadline for temporary withholding of certain redacted records, requires review completion by May 1, 2023, and mandates release of non-postponed information by December 15, 2022.

Impact dates

  1. Expiration of temporary certification; release of information not proposed for continued postponement beyond this date

  2. Agency withdrawal of redaction or presidential recommendation for continued postponement

  3. Completion of joint review; NARA agreement and Archivist recommendation on continued postponement

Key directives

  • Certify continued postponement of records under section 2(c) with strongest reasons standard
  • Temporarily certify continued postponement of section 2(d) records until June 30, 2023
  • Release non-postponed information by December 15, 2022
  • Conduct joint review of remaining redactions from signing date until May 1, 2023
  • Limit continued postponement beyond June 30, 2023 to absolute minimum
  • Direct NDC to use agency Transparency Plans for future reviews
  • Authorize Acting Archivist to publish in Federal Register

Who is ordered

Timeline

Immediate

  • Release of non-postponed information by December 15, 2022
  • Publication of memorandum in Federal Register

Near term (90d)

  • Joint agency-NARA review of remaining redactions through May 1, 2023
  • Archivist recommendation due by May 1, 2023
  • Agency withdrawal or presidential recommendation due by May 15, 2023

Long term

  • Temporary withholding expires June 30, 2023
  • Transparency Plans guide future declassification by National Declassification Center

Risks & tensions

  • Tension between transparency mandate and national security claims for continued secrecy
  • COVID-19 pandemic delayed prior review timeline, creating backlog pressure
  • Subjective statutory standard ('such gravity that it outweighs public interest') leaves room for agency interpretation
  • May 1, 2023 deadline for review completion is tight given complexity of intelligence/law enforcement records
  • Document does not specify consequences if agencies fail to meet deadlines
Presidential Memorandum: Certifications Regarding Disclosure of Information in Certain Records Related to the Assassination of President John F. Kennedy · Executive Orders