ASSASSINATION ARCHIVES

AND RESEARCH CENTER

30 December 2022: Mandate to renew the UN Investigation into the death of UNSG Hammarskjöld

Dag Hammarskjöld, Secretary-General of the United Nations from April 1953 until his death in a plane crash in September 1961.

Dag Hammarskjöld, Secretary-General of the United Nations from April 1953 until his death in a plane crash in September 1961.

Courtesy of Susan Williams:

On 30 December 2022, the UN General Assembly passed Resolution A/77/L.31, which authorises the renewal of the UN’s ‘Investigation into the conditions and circumstances resulting in the tragic death of Dag Hammarskjöld and of the members of the party accompanying him.’ It further authorises the reappointment of the Eminent Person, Judge Mohamed Chande Othman, to lead the investigation.

The Resolution was initiated by Sweden and co-sponsored by 141 Member States (out of 193). The US and the UK did not co-sponsor the resolution.

The Resolution follows Judge Othman’s latest report (A/76/892), which is readily available on the UNA Westminster webpages on developments relating to the Hammarskjöld plane crash (along with various other significant documents and updates).

 

In this latest report, Judge Othman writes:

‘…I respectfully submit that the burden of proof to conduct a full review of records and archives resulting in full disclosure has not been discharged at the present time. Indeed, information received from other sources under the present mandate underscores that it is almost certain that these Member States [that is to say, the USA, the UK, and South Africa] created, held or were otherwise aware of specific and important information regarding the cause of the tragic event. That information is yet to be disclosed.’  

In case of interest, the passing of the Resolution by the GA can be watched on UNTV. It takes about three minutes from 1.04.40: https://media.un.org/en/asset/k14/k14tlsg06p

 

RELATED:

Do Spy Agencies Hold Answer to Dag Hammarskjold’s Death? U.N. Wants to Know

Investigation into the conditions and circumstances resulting in the tragic death of Dag Hammarskjöld and of the members of the party accompanying him

2017, 2018, 2021, 2022, and now, June of 2023; some things seem not to change

 Prescient, you say? Uh-huh.

Following is from my Malcolm Blunt book, The Devil is in the Details, Chapter Seven, Quilted Patterns, published November 2020. The conversation took place in late November of 2016:
MALCOLM BLUNT: … I think one of the most important things, Alan, when you check the records, you go through the Warren Commission records – the working papers and the working notes of John Hart Ely – you find in the subtext of some of the drafts where he discusses the fact that there may have to be material alteration in Lee Harvey Oswald’s biography.
ALAN DALE: Material alteration.
MALCOLM BLUNT: Material alterations, yep.
ALAN DALE: And his name is John Hart Ely.
MALCOLM BLUNT: Yep.
ALAN DALE: So why would there, why would there have to be material alterations?
MALCOLM BLUNT: Well, we get back to the same thing: because some things just don’t fit.
ALAN DALE: Time after – it’s not just one thing; it’s time after time after time after time.
MALCOLM BLUNT: Some things just don’t fit.
ALAN DALE: Well, that’s a drag, that’s a drag. I’m holding a document that you shared with me. It’s CIA document 104-10331-10129; it’s JFK document, Agency originator CIA, from…withheld – we’re not supposed to know, although you have an educated guess about the woman…
MALCOLM BLUNT: Mmhmm.
ALAN DALE: …responsible for writing this – and it’s addressed to J. Barry Harrelson. Now who was J. Barry Harrelson?
MALCOLM BLUNT: He was chief of the Historical Review Group.
ALAN DALE: Inside the Agency.
MALCOLM BLUNT: Inside the Agency. They were in charge of cooperating with the ARRB and getting stuff released.
ALAN DALE: Yeah. And some of them were proactive a little bit, or at least not completely, you know, obstructionist, right?
MALCOLM BLUNT: Yeah. I think there were people there who were generally trying to get stuff put out there, yeah.
ALAN DALE: Mmhmm. So, the piece of correspondence to which this cover sheet refers is from within the Agency to someone in the Historical Review Group of the Agency.
MALCOLM BLUNT: Mm.
ALAN DALE: And it’s dated December 21st 1995, so it’s towards the beginning era of the ARRB.
MALCOLM BLUNT: Mmhmm.
ALAN DALE: And – may I read this just for a moment?
MALCOLM BLUNT: Sure, yeah.
ALAN DALE: Just for the record, Senator.
MALCOLM BLUNT: For the record, yeah.
ALAN DALE: I want to read this into the record.
MALCOLM BLUNT: Yeah.
ALAN DALE:
SUBJECT: JFK – Postponed Release Dates.
I looked over the Board’s press release of December 20th 1995 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 released dates” is not quite accurate. When the Board decides to postpone a document, it also sets a date or condition for future disclosure (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)). Although it is obviously the Board’s hope that the document ultimately gets released in full, the Agency and the Archivist will have the power to continue to postpone release if necessary. Any decisions to continue postponement, however, must be supported by a written 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 enforcement 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.
MALCOLM BLUNT: I think that’s a very interesting communication, because it gives an insight into Agency thinking on the release of documents. They don’t quite see it the way that we see it. We think…
ALAN DALE: [laughing]. Yeah. No, they’re on a different side.
MALCOLM BLUNT: …that everything is going to be released in 2017 – there might be a few appeals to the President – but they see it slightly different.
ALAN DALE: Mmhmm.
MALCOLM BLUNT: Slightly differently, yeah.
ALAN DALE: So even though that was written – it’s in-house, from inside the Agency to another part of the interior of the Agency…
MALCOLM BLUNT: Yeah.
ALAN DALE: It’s from 1995, but it’s still relevant, you know, it still has meaning to us.
MALCOLM BLUNT: Sure.
ALAN DALE: Here we are on the threshold of 2017, but there’s nothing, no reason to think that the policy is…
MALCOLM BLUNT: Well, it just gives us, you know, an insight into their perspective.
ALAN DALE: Mmhmm.
MALCOLM BLUNT: You know, they don’t quite see it as, you know, 2017 releases, they see it as a possibility that the can could be kicked further down the road. That’s what I’m seeing there. For certain, for certain, you know, documents and certain materials.
[Note: This is exactly what happened. Following a successful appeal to President Donald Trump to postpone full release of all remaining JFK assassination records, there was a review date set for 6 months after the scheduled release date of 26 October, 2017; The next review of currently withheld documents is scheduled for 2023]
Transcript by Mary Constantine.

ORDER THE DEVIL IS IN THE DETAILS HERE

White House Announcement RE JFK Records 15 DECEMBER 2022

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

Memorandum for the Heads of Executive Departments and Agencies

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

Section 1.  Policy.  As set forth in the Presidential Memorandum of October 22, 2021 (Temporary Certification Regarding Disclosure of Information in Certain Records Related to the Assassination of President John F. Kennedy) (2021 Memorandum), in the President John F. Kennedy Assassination Records Collection Act of 1992 (44 U.S.C. 2107 note) (the “Act”), the Congress declared that “all Government records concerning the assassination of President John F. Kennedy . . . should be eventually disclosed to enable the public to become fully informed about the history surrounding the assassination.”  The Congress also found that “most of the records related to the assassination of President John F. Kennedy are almost 30 years old, and only in the rarest cases is there any legitimate need for continued protection of such records.”  In the 30 years since the Act became law, the profound national tragedy of President Kennedy’s assassination continues to resonate in American history and in the memories of so many Americans who were alive on that terrible day; meanwhile, the need to protect records concerning the assassination has weakened with the passage of time.  It is therefore critical to ensure that the United States Government maximizes transparency by disclosing all information in records concerning the assassination, except when the strongest possible reasons counsel otherwise.

Sec. 2.  Background.  (a)  The Act permits the continued postponement of disclosure of information in records concerning President Kennedy’s assassination only when postponement remains necessary to protect against an identifiable harm to the military defense, intelligence operations, law enforcement, or the conduct of foreign relations that is of such gravity that it outweighs the public interest in disclosure.  Since 2018, executive departments and agencies (agencies) have been reviewing under this statutory standard each redaction they have proposed that would result in the continued postponement of full public disclosure, with the National Archives and Records Administration (NARA) reviewing whether it agrees that each redaction continues to meet the statutory standard.  In my 2021 Memorandum, the Archivist of the United States (Archivist) explained that the COVID-19 pandemic had a significant impact on the ability of agencies, including NARA, to conduct this review and comprehensive engagement, and the Archivist recommended that I temporarily certify the records for continued postponement for a limited period.  In the 2021 Memorandum, I directed the completion of an intensive 1-year review of each remaining proposed redaction to ensure that the United States Government maximizes transparency by disclosing all information in records related to the assassination, except in cases when the strongest possible reasons counsel otherwise.

(b)  Pursuant to my direction, agencies have undertaken a comprehensive effort to review the full set of almost 16,000 records that had previously been released in redacted form and determined that more than 70 percent of those records may now be released in full.  This significant disclosure reflects my Administration’s commitment to transparency and will provide the American public with greater insight and understanding of the Government’s investigation into this tragic event in American history.

(c)  In the course of their review, agencies have identified a limited number of records containing information for continued postponement of public disclosure.  NARA has reviewed these proposed redactions and has coordinated with relevant consulting agencies, where appropriate, to ensure that the proposed redactions meet the statutory standard for continued postponement.  The Acting Archivist has recommended certifying a small subset of the reviewed records for continued postponement of public disclosure.

(d)  The Acting Archivist has further indicated that additional work remains to be done with respect to a limited number of other reviewed records that were the subject of agency proposals for continued postponement of public disclosure.  The Acting Archivist believes such additional work could further reduce the amount of redacted information.  The Acting Archivist therefore recommends that I temporarily certify the continued postponement of public disclosure of the redacted information in these records to provide additional time for review and to ensure that information from these records is disclosed to the maximum extent possible, consistent with the standards of the Act.

Sec. 3.  Certification.  In light of the proposals from agencies for continued postponement of public disclosure of information in the records identified in section 2(c) of this memorandum under the statutory standard, and the Acting Archivist’s recommendation, I agree that continued postponement of public disclosure of such information is warranted to protect against an identifiable harm to the military defense, intelligence operations, law enforcement, or the conduct of foreign relations that is of such gravity that it outweighs the public interest in disclosure.  Accordingly, by the authority vested in me as President by the Constitution and the laws of the United States of America, including section 5(g)(2)(D) of the Act, I hereby certify that continued postponement of public disclosure of these records is necessary to protect against an identifiable harm to the military defense, intelligence operations, law enforcement, or the conduct of foreign relations that is of such gravity that it outweighs the public interest in disclosure.  All information within these records that agencies have proposed for continued postponement under section 5(g)(2)(D) of the Act shall accordingly be withheld from public disclosure.  Further release of the information in these records shall occur in a manner consistent with the Transparency Plans described in section 7 of this memorandum.

Sec. 4.  Temporary Certification.  In light of the proposals from agencies for continued postponement of public disclosure of information in the records identified in section 2(d) of this memorandum under the statutory standard, the Acting Archivist’s request for an extension of time to continue review of those records, and the need for an appropriately thorough review process, I agree with the Acting Archivist’s recommendation regarding temporary postponement.  Temporary continued postponement of public disclosure of such information is necessary to protect against an identifiable harm to the military defense, intelligence operations, law enforcement, or the conduct of foreign relations that is of such gravity that it outweighs the public interest in disclosure.  Accordingly, by the authority vested in me as President by the Constitution and the laws of the United States of America, including section 5(g)(2)(D) of the Act, I hereby certify that all information within these records that agencies have proposed for continued postponement under section 5(g)(2)(D) of the Act shall be withheld from public disclosure until June 30, 2023.

Sec. 5.  Release.  Any information currently withheld from public disclosure that agencies have not proposed for continued postponement shall be released to the public by December 15, 2022.

Sec. 6.  Review.  (a)  From the date of this memorandum until May 1, 2023, relevant agencies and NARA shall jointly review the remaining redactions in the records addressed in sections 2(d) and 4 of this memorandum with a view to maximizing transparency and disclosing all information in records concerning the assassination, except when the strongest possible reasons counsel otherwise.  Any information that agencies propose for continued postponement of public release beyond June 30, 2023, shall be limited to the absolute minimum under the statutory standard.  Agencies shall not propose to continue redacting information unless the redaction is necessary to protect against an identifiable harm to the military defense, intelligence operations, law enforcement, or the conduct of foreign relations that is of such gravity that it outweighs the public interest in disclosure.  In applying the statutory standard, agencies shall:

(i)   accord substantial weight to the public interest in transparency and full disclosure of any record that falls within the scope of the Act; and

(ii)  give due consideration that some degree of harm is not grounds for continued postponement unless the degree of harm is of such gravity that it outweighs the public interest in disclosure.

(b)  If, by no later than May 1, 2023, NARA agrees that a proposed redaction meets the statutory standard for continued postponement, the Archivist shall recommend to the President, no later than May 1, 2023, that continued postponement of public disclosure of the information is warranted after June 30, 2023.

(c)  If, by no later than May 1, 2023, NARA does not recommend that a proposed redaction meets the statutory standard for continued postponement, agencies shall, no later than May 15, 2023:

(i)   withdraw the proposed redaction; or

(ii)  recommend to the President, through the Counsel to the President, on a document-by-document basis, that release of the information continue to be postponed, providing an explanation for each proposed redaction of why continued postponement remains necessary to protect against an identifiable harm to the military defense, intelligence operations, law enforcement, or the conduct of foreign relations that is of such gravity that it outweighs the public interest in disclosure.

(d)  In the development of the recommendations described in this section, as questions arise about particular proposed redactions, NARA shall consult, as appropriate, with relevant agencies as described in section 5(d) of my 2021 Memorandum.

(e)  At the conclusion of the review described in this section, any information withheld from public disclosure that agencies do not propose for continued postponement beyond June 30, 2023, shall be released to the public by that date.

Sec. 7.  Transparency Plans.  As part of their review, each agency prepared a plan for the eventual release of information (Transparency Plan) to ensure that information would continue to be disclosed over time as the identified harm associated with release of the information dissipates.  Each Transparency Plan details the event-based or circumstance-based conditions that will trigger the public disclosure of currently postponed information by the National Declassification Center (NDC) at NARA.  These Transparency Plans have been reviewed by NARA, and the Acting Archivist has advised that use of the Transparency Plans by the NDC will ensure appropriate continued release of information covered by the Act.  Accordingly, I direct that the Transparency Plans submitted by agencies be used by the NDC to conduct future reviews of any information that has been postponed from public disclosure, including information in the records described in sections 2(c) and 3 of this memorandum.

Sec. 8.  Publication.  The Acting Archivist is hereby authorized and directed to publish this memorandum in the Federal Register.

                               JOSEPH R. BIDEN JR.