for reconsideration "must address new evidence or errors of law or fact and cannot merely reargue previous factual and legal assertions. " Mississippi Ass'n of Coops. v. Farmers Home Admin., 139 F.R.D. 542, 546 (D.D.C. 1991). In this case, as the Defendant notes in its Opposition, the Plaintiff is merely attempting to reargue the same position rejected by this Court in its Opinion of April 29, 1993. See Defendant's Opp'n at 4. At that time, the Court considered the JFK Act in its entirety and made a determination that the Act does not supersede FOIA or provide an independent means of obtaining records directly from government agencies. See Opinion at 10-13.
The Plaintiff's reliance on Section 5(c)(2)(G) is unfounded. Section 5 of the JFK Act requires government agencies to review, identify, and transmit to the National Archives those records that relate to the JFK assassination. In addition, section 5 requires agencies to "give priority to . . . the identification, review, and transmission" of those records currently the subject of FOIA litigation. 12 U.S.C. § 5(c)(2)(G)(ii). However, nothing in the new statute requires or even suggests that the standards the Archivist will use in releasing JFK material should replace the preexisting FOIA exemptions.
The Plaintiff argues that the Court should look to the legislative history of the JFK Act. However, the Court need not consider the legislative history of a statute unless the plain meaning of the language is ambiguous. See e.g., Burlington N. R.R. v. Oklahoma Tax Comm'n, 481 U.S. 454, 461, 95 L. Ed. 2d 404, 107 S. Ct. 1855 (1987). In this case, the language of the JFK Act is unambiguous and a resort to the legislative history is unnecessary. Furthermore, the Court's conclusions would not change even in light of the relevant legislative history. There is simply no indication that Congress intended for the JFK Act to supersede FOIA. See S. Rep. No. 328, 102d Cong., 2d Sess. 29 (1992). Rather, the legislative history merely provides that, of the records to be reviewed for possible disclosure and transmission to the National Archives, those records which are the subject of pending FOIA litigation are to be reviewed first. See id. The legislative history thus supports the Court's prior determination that the JFK Act does not affect the existing law applicable to FOIA requests, nor does it provide a new cause of action for the direct release of agency records to the public. See Opinion at 10-13.
Finally, the Court notes that the First Circuit recently relied upon this Court's Opinion in reaching a similar result in Sullivan v. CIA, No. 92-2234 (1st Cir. May 26, 1993). In Sullivan, the Court of Appeals for the First Circuit held that the JFK Act did not affect the Plaintiff's pending FOIA litigation. Id. at 14-16. Thus, in light of the above, the Court must deny the Plaintiff's Motion for Reconsideration.
Accordingly, it is, by the Court, this day of August, 1993,
ORDERED that Plaintiff's Motion for Reconsideration shall be, and hereby is, DENIED.
CHARLES R. RICHEY
UNITED STATES DISTRICT COURT
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