Biden

I. INTRODUCTION

16 Plaintiffs the Mary Ferrell Foundation, Inc. (“MFF”), Josiah Thompson, and Gary Aguilar 17 bring this action for declaratory relief, injunctive relief, and a writ of mandamus against 18 Defendants President Joseph R. Biden and the National Archives and Records Administration 19 (“NARA”). Plaintiffs argue that Defendants failed to fulfill their ministerial duties as required by 20 the President John F. Kennedy Assassination Records Collection Act of 1992 (“JFK Act”). In their 21 Third Amended Complaint (“TAC”), Plaintiffs aver three claims against NARA: (1) NARA’s 22 actions are arbitrary, capricious, and contrary to the JFK Act in violation of the Administrative 23 Procedure Act (“APA”); (2) an APA/mandamus claim seeking to compel NARA to take certain 24 actions; and (3) declaratory judgment that NARA’s actions violate the Federal Records Act 25 (“FRA”). Plaintiffs have also filed several motions for preliminary injunctions or mandamus: the 26 first, to set aside two of President Biden’s postponement memoranda and for NARA to conduct a 27 re-review of the remaining redacted assassination records under Section 3(10) of the JFK Act and 1 under Section…