With the potential opening of the JFK files in a week, it's been reported that despite the congressional act that was passed in 1992 authorizing the files for release in 25 years, that over the past few months a large number of documents have already been released to the public.
I'm confused about how this was possible? I thought that the point of the Act was to completely seal those records prior to October 26, 2017, making it flatly illegal to release them at any point prior. But if I'm understanding correctly, the National Archives has been releasing them under its own authority. How would they be able to do that, between the 1992 Act itself, and resistance from various government agencies? Haven't they violated the law, or is there something I'm missing?
I thought that the point of the Act was to completely seal those records prior to October 26, 2017, making it flatly illegal to release them at any point prior.
On the contrary, the John F. Kennedy Assassination Records Collection Act of 1992 didn't make it illegal to release the files until after October 26, 2017. It directed that they had to be released before October 26, 2017:
Section 5:
(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 enactment of this Act, unless the President certifies, as required by this Act, that—
(i) continued postponement is made necessary by an identifiable harm to the 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.
(Note: the act was enacted on October 26, 1992.)