Executive Order 14176 - The Constitutional Critic's Analysis
Document Summary:
This executive order from President Donald Trump directs the declassification and release of all records related to the assassinations of President John F. Kennedy, Senator Robert F. Kennedy, and the Reverend Dr. Martin Luther King, Jr. It aims to enforce transparency in line with public interest, ordering federal agencies to develop plans for the complete disclosure of these records.
Government's Publicly Stated Rationale:
- Transparency for the American people and the families of the assassinated leaders.
- Fulfillment of the President John F. Kennedy Assassination Records Collection Act of 1992, which mandates public disclosure unless there is substantial harm to national security.
Real or Potential Underlying Motives:
While this order appears benevolent, there are several motives and concerns to consider:
Political Manipulation: This executive order may serve as a strategic move to shift public discourse or create a distraction from other political events or scandals. By focusing the nation's attention on historical mysteries, the government could be attempting to divert focus from current issues.
Damage Control: Trump might be seeking to repair his image as a defender of transparency, particularly in light of criticisms regarding his administration's handling of information. This move could be construed as an attempt to make amends for past stonewalling or perceived opacity.
Political Capital: There could be a political gain in opening these files after so many years, casting the President in a role of savior of the truth, potentially enhancing public perception and garnering favor.
Rights Erosion:
Unchecked Government Authority: The order preserves the government's power to withhold information if deemed necessary for national security. This exemption could be manipulated to continue concealing embarrassing or incriminating facts, which poses a risk to the right to information enshrined in the First Amendment.
Risk of Redaction Misuse: Even with the directive for declassification, there's the potential for abuse where less than necessary information is redacted under the guise of national interest, undermining the spirit of transparency and accountability.
Constitutional Implications:
First Amendment Violations: If the government continues to withhold information under the national security clause, it could be argued that this infringes upon the public's right to know, as transparency is crucial for an informed electorate, a cornerstone of the democratic process.
Lack of Judicial Review: The order states that it does not create any enforceable rights or benefits. This could imply that citizens would have no legal recourse to challenge the government's decisions on redactions or withholdings, which might contravene the Fourth Amendment protections against unreasonable governmental actions.
Hidden Political Manipulation:
Timing: The release of this order could be timed to coincide with events or reports that might be damaging to the administration, effectively burying these in the media cycle.
Selective Release: The government might use this order as a pretext for releasing only what aligns with its interests while continuing to keep truly sensitive or damning information concealed, thereby manipulating public perception.
Conclusion:
Executive Order 14176 ostensibly aims to honor transparency and the public's right to know, yet its subtexts warrant a critical review. The balance between national security and transparency needs rigorous scrutiny to ensure adherence to the principles outlined by the Founding Fathers. A Constitutional Critic must remain vigilant, questioning the government's intentions and advocating for uncompromised access to information, especially given the government's history of obfuscation and overreach. Remember, the government has engaged in corrupt practices and will continue to do so unless the public remains vigilant.