Posted on 02/18/2004 3:34:30 PM PST by chance33_98
Dean Records Decision
Burlington, Vermont - February 17, 2004
During Howard Dean's 11 years as Governor, he collected hundreds of boxes of correspondence. When he left office he signed a deal with the Secretary of State to seal 145 of those boxes for 10 years under executive privilege. "Governor Dean cannot avoid disclosure of these public records, by hiding behind his private agreement with the secretary of state, that's what he's tried to do, the court said, no that's not gonna fly," said Andrew Manitsky, Judicial Watch attorney.
The conservative watchdog group sued to have the records opened last year, just as Dean emerged as the front-runner in the field of Democratic presidential candidates. Tuesday, Superior Court Judge Alan Cook ruled the state must provide an index of the sealed records and explain why they should remain closed. "This is sort of an early weather forecast by the judge to both sides," said Attorney General Bill Sorrell. "Saying you don't win outright and you don't win outright and we have a lot of work to do to see how this is all going to come out."
The judge instead set up a 7 step process for deciding which of the sealed documents will remain off-limits and which can be made public. "If we fight on any document it is going to be a long time before these documents are in the public domain," Sorrell said.
Dean left an additional 190 boxes open to the public and cited his presidential run as the basis for sealing the rest. Even though the ruling does not open the records, Judicial Watch says it makes their case for first amendment rights. "No one, not a former Governor, not a secretary of State, not a presidential candidate can do an end run around the public records act," Manitsky said.
The ruling could set up years of additional legal proceedings.
See how easy that is?
Stand up and shout and put your hands together for judicial activism!
It really is all about the judges!
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