The President John F. Kennedy Assassination Records Collection Act of 1992 was supposed to require that all documents related to the JFK Assassination would be released. The Act set a 25-year deadline for disclosure of all assassination records, unless “continued postponement [of the record was] made necessary by an identifiable harm to military defense, intelligence operations, or conduct of foreign relations” that was “of such gravity that it outweigh[ed] the public interest in disclosure.” JFK Act § 5(g)(2)(D). However, many documents remain unreleased. The indexes and transparency plans, along with other agency postponement documentation, are available on this JFK website at https://www.archives.gov/research/jfk/agency-doc-2022.

Although these documents are not available under the JFK Act, assuming that the heads of departments have properly certified they should be withheld. However, would these records be more easily available under FOIA and what would be the best way to request these documents and prevail?