7 Replies Latest reply on Feb 13, 2018 2:35 PM by genemorris

    Press on the Release of JFK Files: Does POTUS have Authority To Block?

    Adventurer

      As reported in the U.K.. Does a sitting President have the authority to block the release??

       

      Donald Trump could release classified John F Kennedy assassination files | The Independent

          • Re: Press on the Release of JFK Files: Does POTUS have Authority To Block?
            Adventurer

            Sections 10 and 11 of the JFK Assassination Records Act of 1992 discuss grand jury information and records held under section 6103 of the Internal Revenue Code (tax return information) as well as records covered by a specific deeds of gift. Some of the records in the Collection are income tax returns and are not included in the release.

             

             

             

             

             

            rdt2 18-22160

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              • Re: Press on the Release of JFK Files: Does POTUS have Authority To Block?
                Scout

                There must be something to that IRS information?

                • Re: Press on the Release of JFK Files: Does POTUS have Authority To Block?
                  Scout

                  This is an important aspect under Sec 6103, which would contribute to the assassination investigation and records.

                  The IRS records may also have a documented finding aid or SF258 or SF135, which may not be considered a release

                  of the tax identity or information? Do the records received from the IRS, have a transmittal and receipt form which can be released to the public?

                   

                   

                   

                  (ii) Taxpayer identity

                   

                   

                  If there is return information (other

                   

                  than taxpayer return information) which

                   

                  may constitute evidence of a violation by

                   

                  any taxpayer of any Federal criminal law

                   

                  (not involving tax administration), such

                   

                  taxpayer’s identity may also be disclosed

                   

                  under clause (i).

                   

                  (B) Emergency circumstances

                   

                  Danger of death or physical injury

                   

                   

                  Under circumstances involving an imminent

                   

                  danger of death or physical injury to

                   

                  any individual, the Secretary may disclose

                   

                  return information to the extent necessary

                   

                  to apprise appropriate officers or employees

                   

                  of any Federal or State law enforcement

                   

                  agency of such circumstances.

                   

                  (ii) Flight from Federal prosecution

                   

                   

                  Under circumstances involving the imminent

                   

                  flight of any individual from Federal

                   

                  prosecution, the Secretary may disclose

                   

                  return information to the extent necessary

                   

                  to apprise appropriate officers or

                   

                  employees of any Federal law enforcement

                   

                  agency of such circumstances.

                   

                  (C) Terrorist activities, etc.

                   

                  In general

                   

                   

                  Except as provided in paragraph (6), the

                   

                  Secretary may disclose in writing return

                   

                  information (other than taxpayer return

                   

                  information) that may be related to a terrorist

                   

                  incident, threat, or activity to the

                   

                  extent necessary to apprise the head of the

                   

                  appropriate Federal law enforcement agency

                   

                  responsible for investigating or responding

                   

                  to such terrorist incident, threat,

                   

                  or activity. The head of the agency may

                   

                  disclose such return information ...........

                   

                  • Re: Press on the Release of JFK Files: Does POTUS have Authority To Block?
                    Scout

                    There are also more complex circumstances that may involve tax payer identity.

                    But the IRS records are a major portion of that information, which would portray

                    various aspects of the subjects involved in the assassination.

                • Re: Press on the Release of JFK Files: Does POTUS have Authority To Block?
                  Adventurer

                  According to the JFK Assassination Records Act of 1992, all records withheld either in part or in full should be released 25 years after the enactment of the Act, unless authorized for further withholding by the President of the United States.  It states:

                  (D) Each assassination record shall be publicly disclosed in full, and available in the Collection no later than the date that is 25 years after the date of the enactment of this Act, unless the President certifies, as required by this Act, that –

                    continued postponement is made necessary by an identifiable harm to military defense, intelligence operations, law enforcement or conduct of foreign relations; and

                  (ii) the identifiable harm is of such gravity that it outweighs the public interest in disclosure.


                  A copy of the Act can be found in Appendix C in the the Assassination Records Review Board's Final Report

                   

                   

                   

                   

                   

                   

                  rdt2 18-22161

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