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Judicial Watch Sues Dean to Force Release of Secret Docs Judicial Watch filed a lawsuit in Vermont State Court on December 3 to force the release of hundreds of thousands of documents sealed for 10 years through an unprecedented deal made between former Vermont Governor Howard Dean and Vermont state officials. Judicial Watch uncovered through a public records request that Dean's presidential ambition was the driving force for keeping his documents sealed. "While [Dean lawyer] David Rocchio and I agreed earlier that 'embarrassment' was not grounds for exemption, we are really talking about 'ambition,' Vermont State Archivist Gregory Sanford wrote in a memorandum to Vermont Secretary of State Deborah Markowitz. Sanford went on to say, "Without conceding that a governor's post-administration political ambitions are a legitimate basis for closure, can we offer, in the interest of moving forward, eight years? That would mean that the records would become open in 2011. If Governor Dean became president in 2005 he would either be in his second term or out of office. If he failed in 2004, that would mean he would have had an opportunity to run again in 2008 and, if successful, be in the second year of his administration." Dean himself told Vermont public radio that he decided to seal the documents for political reasons, because, in his words, "We didn't want anything embarrassing appearing in the papers at a critical time in any future endeavor." This lawless strategy appears to have backfired. Not only has Dean faced intense media scrutiny for his secrecy, but now he also faces the reality of Judicial Watch's legal action. "Future political considerations are not a basis for withholding government documents," said JW President Tom Fitton. "Judicial Watch takes no positions on elections or candidates, but we will continue to fight for openness and transparency in government. The American people deserve to know the truth." JW's legal campaign against Governor Dean has earned widespread media coverage from CNN, The Associated Press, The New York Times, The Washington Post, and USA Today, among others. Prior to filing its lawsuit, Judicial Watch attempted to gain access to all of Governor Dean's documents by appealing to Vermont State Archivist Gregory Sanford, but was allowed only limited access to routine correspondence and executive orders. Few of these documents pertained to important policy matters that would be of public interest. Judicial Watch is now asking the state court to provide it, the media, and the public immediate access to all of the 400,000 records being withheld from public scrutiny. These records would otherwise not be made public for 10 years. Dean had initially sought to keep these records sealed for 24 years. Vermont law provides for expedited court consideration of this lawsuit.
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