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(1) THREAD: #JFKFiles #Assassination UPDATE - What happened that allowed 300 documents comprising thousands of pages to be held back? Legal?
(2) JFK Assassination Records Collection Act required every record identified as "assassination record" (which I helped define in 1994) ...
(3) SHALL be publicly disclosed in full after 25 years (Oct 26, 2017), unless President affirmatively certifies:
(4) continued postponement is necessary by IDENTIFIABLE harm to mil defense, intel ops, law enforcement, or conduct of foreign relations;
(5) AND the identifiable harm is of such gravity that it outweighs the public interest in disclosure. A very HIGH standard to be sure.
(6) So, what the heck happened yesterday with this mad scramble? Especially since this day has been known for years in advance.
(7) Many of us started advocating YEARS ago to ensure yesterday would go smoothly. Here is 2012 letter we sent: jfkfiles.blogspot.com/2012/06/nation…
(8) One problem was law was not clear or precise enough as to how yesterday would happen. Lawyers could interpret strictly so that ....
(9) agencies had until 11:59.59 EDT to continue to argue against release. No process was set up on how this would work. NARA was standing by
(10) No releases could be made by @USNatArchives until it absolutely knew no presidential certification would be made through end of day.
(11) That gave agencies ability to continue to make last minute arguments to persuade @realDonaldTrump not to release specific records
(12) So notwithstanding @realDonaldTrump tweets that seemed to imply he would allow ALL records to be released, it wasn't true
(13) Now if @POTUS hadn't acted to certify, then ALL records would have to be disclosed in FULL by end of day. Instead, he balked.
(14) NEW INFO - My sources tell me in weeks prior those in NSC had RECOMMENDED full release but something changed. What?
(15) I am told Mike Barry, who replaced Ezra Cohen-Watnick at NSC, & is connected to CIA carried agency water thehill.com/homenews/admin…
(16) FBI and CIA continued to advocate yesterday throughout the day that info had to be withheld. Did they meet the required legal standard?
(17) After having reviewed many of the released files, no surprise that the 300 docs withheld are more important and crucial
(18) Now that doesn't mean new docs will solve assassination. Get real. But they are historically important for sure.
(19) What does 180 day delay mean? Are agencies in violation of law? Can we do anything about this farce?
(20) If agencies had refused to release records w/o presidential certification then they would have been in violation of #JFK statute.
(21) But President stepped in & basically amended law. No 180 day provision. Yesterday was THE day per law. He assumed responsibility
(22) Theoretically I suppose CIA/FBI not in violation. Instead, constitutional battle over separation of powers could exist by Pres action
(23) Individual members of Congress, like @RepWalterJones & @ChuckGrassley, have complained but Congress won't realistically act as a body
(24) Unfortunately public powerless. We litigated JFK Act in 1990s/2000s & federal courts refused to allow us to enforce. No private right.
(25) I should note @realDonaldTrump comment that he had no choice is absolutely absurd. He again shows he doesn't understand his own power
(26) President is top of food chain. He has full declassification authority. What he says goes. He CHOSE to grant 180 delay. SMH
(27) His action violates spirit, and arguably letter, of the law. Goes against everything he led us to believe he would do.
(28) So now we wait up to 180 days (or more, who knows) to see whether law will be enforced. Public & Congressional pressure must continue
(FINAL)
