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104-10331-10129 JFK Assassination Records Archives 1 (12/21/1995)

handle is hein.jfk/jfkarch19155 and id is 1 raw text is: 104-10331-10129 ADMINISTRATIVE - INTERNAL USE ONLY From the Desk of( VI I I I 3 NOTE FOR: J. Barry Harrelson FROM: DATE: 12121195 06:19:45 PM SUBJECT: JFK - Postponed Release Dates I looked over the Board's press release of 12120195 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 disclostLre. (JFK ACT Sec. 9(3)(B)). At that time, the originating agency and the Archivist review the document again. (JFK ACT Sec 5(g)(1)). '1thourgh it is obviously the Board's hope that the document ultimately gets rehdased in full, the agency and Archivist will have the power t- 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 enforecemnt 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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