JFK Records Lawsuit
Latest developments in the case: In the past few months following Judge Seeborg's order dismissing part of the Foundation's case and allowing other counts to go forward, the MFF has amended the complaint, partly in response to new developments such as the Biden administration's "transparency plans." The Justice Department has filed a motion seeking dismissal of the amended complaint. A hearing is set for December 14, 2023.
Click here if you wish to support the Mary Ferrell Foundations' ongoing legal efforts to compel full JFK disclosure.
MFF Files Lawsuit Over JFK Records
On October 19, 2022, the Mary Ferrell Foundation, a non-profit archive with the internet's largest collection of searchable JFK records, filed a lawsuit against President Biden and the National Archives for failing to implement the 1992 JFK Records Act. These failures have resulted in confusion, gaps in the records, over-classification, and outright denial of thousands of assassination-related files, five years after the law's deadline for full disclosure.
Latest Filings in MFF v. Biden et al
- October 26, 2023: Plaintiffs’ Notice of Motion and Motion for Injunctive Relief, Declatory Relief, or Mandamus. MFF's motion for relief in this case, noting the urgency given elderly and dying witnesses: "Last month’s headlines about Secret Service agent Paul Landis show why this motion is necessary." The memo is accompanied by two memoranda: Declaration of Lawrence Schnapf, and an accompanying exhibit comprised of an internal National Archives memo where in 2017 NARA challenged FBI's arguments for withholding.
- October 26, 2023: Defendants' Notice of Motion to Dismiss Third Amended Complaint. The Justice Department's motion to dismiss the third amended complaint, accompanied by a one-page proposed order for the judge.
- September 11, 2023: Third Amended Complaint for Injunctive Relief, Declatory Relief, and Mandamus. MFF's'amended complaint, addressing the new "transparency plans" and clarifying other issues and arguments in the case.
- August 27, 2023: Amended Motion for Leave to File Third Amended Complaint. MFF's motion to amend the Complaint, supported by an Amended Memorandum of Points and Authorities and an Amended Declaration of William M. Simpich & Proposed Third Amended Complaint.
- July 14, 2023: Order Granting in Part and Denying in Part Motion to Dismiss and Denying Preliminary Injunction. Judge Seeborg's ruling on the DOJ's motion to dismiss and the MFF's request for a preliminary injunction.
- July 6, 2023: Addendum to Reply Brief and Request for Judicial Notice in Response to Defendants' of June 30, 2023 Presidential Memorandum. The MFF's response to the Presidential order delivered to the court.
- June 30, 2023: Defendants' Notice of June 30, 2023 Presidential Memorandum. The DOJ files a notice regarding President Biden's June 30 memorandum, which makes note of the new so-called "Transparency Plans."
- June 29, 2023: Plaintiffs' Reply Brief in Support of Motion for Injunctive Relief, et al. The MFF files this brief in support of the June 8 motion for injunctive and declaratory relief, including supporting declarations from Lawrence Schnapf and William Kelly.
- June 22, 2023: Defendants' Memorandum in Opposition to Plaintiffs’ Motion for Injunctive Relief, Declatory Relief, or Mandamus. The DOJ files a memo in opposition to MFF's motion for injunctive relief.
- June 8, 2023: Plaintiffs' Motion for Injunctive and Declaratory Relief. The MFF files a motion for injunctive and declaratory relief, asking for a "preliminary injunction to halt implementation of the Transparency Plans", and "declaratory relief that NARA is the "successor in function" to the ARRB; that it has a mandatory duty to seek additional Assassination Records; that it enforce the MOU; and advise researchers to invoke the JFK Act rather than FOIA."
- June 5, 2023: Defendants' Reply to Motion to Dismiss. The DOJ files this reply in support of the motion to dismiss the case.
- May 22, 2023: Plaintiffs' Opposition to Motion to Dismiss. The MFF files this brief in opposition to the DOJ's motion to dismiss. This includes declarations from Daniel Alcorn, Rex Bradford, Lawrence Schnapf, and William Simpich, plus a second declaration from William Simpich.
- May 1, 2023: Defendants' Motion to Dismiss. The Department of Justice files a motion to dismiss the second amended complaint.
- April 10, 2023: Second Amended Complaint. The Mary Ferrell Foundation files an amended complaint, including additional information including a section on the Biden "Transparency Plans."
- March 21, 2023: DOJ Reply Brief. The Dept. of Justice files its defendants' reply in support of motion to dismiss amended complaint.
- March 9, 2023: Opposition to Motion to dismiss. The Mary Ferrell Foundation files its opposition to the motion to dismiss.
- February 6, 2023: Motion to dismiss. The Dept. of Justice files a "motion to dismiss".
- October 19, 2022: Lawsuit filed. The Mary Ferrell Foundation files suit in US District Court over failures to implement the 1992 JFK Records Act.
For More Information
- Read the complaint in MFF v Biden et al
- Key issues in the lawsuit
- What is the Mary Ferrell Foundation?
- Who is the Foundation's attorney Bill Simpich?
- Who is the Foundation's attorney Lawrence Schnapf?
- Who was Mary Ferrell?
- Learn more about the 2017-2021 releases
- Read the 1992 JFK Records Act
- Basics of the JFK assassination
See also Jeff Morley's JFK Facts substack for related information, news, and insights.
Please direct any inquiries to info@maryferrell.org.
News Stories About the Lawsuit
- July 23, 2023. Jefferson Morley on the Release of New Kennedy Assassination Records, video from CSPAN's Washington Journal program.
- July 21, 2023. The CIA Opposes JFK Record Releases Because Each One Is More Damning Than the Last by Branko Marcetic, Jacobin.
- July 16, 2023. Biden’s 'Final' Order on Kennedy Files Leaves Some Still Wanting More, by Peter Baker, New Tork Times.
- July 5, 2023. The Divine Right of Joe Biden, by Chad Nagle, The American Conservative.
- Mar 28, 2023. Challenging Executive-Branch Conceit in the Murder of a President, by Chad Nagle, The American Conservative.
- Dec 8, 2022. New Documents Shed Light on CIA's Connection to Lee Harvey Oswald, by Nick Reynolds, Newsweek.
- Dec 6, 2022. JFK Assassination Investigator Has Jarring New Claim About Oswald's CIA Involvement, by Will Sommer, Daily Beast.
- Dec 6, 2022. More than 70% of voters in poll want Biden to release secret JFK assassination records, by Mac Caputo, NBC News.
- Dec 6, 2022. Another batch of JFK assassination papers may see the light of day. A well-known Minnesotan has already given them the eye, by Tim Nelson, Minnesota Public Radio.
- Nov 22, 2022. 16K JFK assassination records still held by feds; lawsuit seeks their release, ABC-7 Eyewitness News.
- Oct 20, 2022. Congressman Cohen Leads Letter Seeking Release of Remaining Kennedy Assassination Records.
- Oct 20, 2022. Biden officials sued over delayed release of JFK assassination records, by Sam Levine, The Guardian.
- Oct 19, 2022. 'What are they hiding?': Group sues Biden and National Archives over JFK assassination records, by Marc Caputo, NBC News.
- Oct 19, 2022. Biden and National Archives sued over JFK assassination records, by Emily Mae Czachor, CBS News.
- Oct 19, 2022. Is Biden blocking the JFK assassination files over hidden bombshells?, by Andrew Feinberg, the Independent.
- Oct 19, 2022. Biden, National Archives sued over unreleased JFK assassination records, by Herb Scribner, Axios.
- Oct 19, 2022. CBS Evening News: Biden Sued Over JFK Assassination Records.
