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Supreme Court to Decide on Foster Photos (Vincent Foster's)
Associated Press ^ | 12/02/03 | GILLIAN FLACCUS

Posted on 12/02/2003 11:15:18 AM PST by MrFreedom

Supreme Court to Decide on Foster Photos

LOS ANGELES - Five government investigations concluded that White House attorney Vincent Foster's death in 1993 was a suicide. But Allan Favish, a Clinton antagonist from Southern California, suspects murder and is demanding to see 10 of the police photos.

On Wednesday, the U.S. Supreme Court (news - web sites) will hear arguments on whether to release those photographs, in a potentially precedent-setting case pitting the public's right to know against the Foster family's privacy. The family does not want the pictures of the body released.

The case is more than a battle over sensational evidence in the death of a high-level Clinton administration official. It represents the first time the Supreme Court has agreed to rule directly on the privacy interests of the surviving family in a Freedom of Information Act case.

The outcome could increase the government's ability to withhold information from the public and the media, said Jane Kirtley, a media ethics and law professor at the University of Minnesota who filed a brief in support of Favish.

Several media-ethics organizations have filed court papers supporting Favish's position. On the other side, Teresa Earnhardt, the widow of race car driver Dale Earnhardt (news - web sites) who fought to keep his autopsy photographs private, has filed papers in support of the government.

Foster, 48, was found dead of a gunshot to the head in a park in Virginia, outside the nation's capital. Foster, a longtime friend of Bill and Hillary Rodham Clinton (news - web sites), was handling several personal legal matters for them at the time, including their investment in the Whitewater real estate venture. A file on Whitewater was in Foster's office at the time.

Independent prosecutor Kenneth Starr and other investigators concluded Foster shot himself. Foster's widow, Lisa, has said he was severely depressed and afraid that seeking treatment could jeopardize his career.

Despite those findings, conspiracy theories that he was murdered in a White House cover-up abound.

Favish believes 10 photographs taken when Foster's body was discovered could reveal evidence that points to murder. He already has reviewed about 100 other photographs, some of which are posted on his Web site.

Favish, who worked for the conservative legal group Judicial Watch in the late 1990s, denies any political motivation for his quest and said the group did not fund his case. Judicial Watch filed numerous lawsuits against the Clinton administration.

"I'm just a citizen who's very concerned about the integrity of the nation's law enforcement agencies," said Favish, 48, adding that he spent $5,000 of his own money pursuing the photos. "The dominant media totally dropped the ball on this case."

The Santa Clarita insurance lawyer is specifically interested in seeing patterns of blood at the scene and a possible bullet hole in Foster's neck. That hole was reported by one of the first paramedics on scene, an observation that conflicts with official reports of a single shot fired into the mouth.

Favish said there were gaps in the investigation "that could only be the product of extreme negligence or an intentional cover-up."

Lower-court judges have ordered the release of only four or five of the photographs, saying the rest were too graphic. The selected photos were never made public because the Supreme Court agreed to hear the case.

The high court will have two questions before it: Does a provision in the 37-year-old Freedom of Information Act that allows the government to withhold materials that "constitute an unwarranted invasion of personal privacy" extend to family members of the subject? And if it does, does the public's right to know outweigh the family's pain?

In court filings, Bush administration Solicitor General Theodore Olson cited a 1991 federal appeals court ruling that said NASA (news - web sites) did not have to release tapes of the final moments of the Challenger disaster to The New York Times because the material would cause the families grief. The Supreme Court declined to hear that case.

Foster's widow chose not to open his casket because she did not want to see his damaged body. Releasing the photographs would expose her to the sight merely because of the whims of a "curious member of the public," Olson wrote.

"FOIA's carefully crafted protection of personal privacy would be rendered an empty promise if it could be overcome by little more than an idiosyncratic distrust of government or the creative spawning of conspiracy theories by any one FOIA requester," he wrote.

James Hamilton, attorney for Foster's family, declined an interview.

___

On the Net:

Briefs in Supreme Court case: http://www.abanet.org/publiced/preview/briefs/home.html

Allan Favish site: http://www.allanfavish.com


TOPICS: Crime/Corruption; Foreign Affairs; Front Page News; Government; Miscellaneous; News/Current Events
KEYWORDS: fosters; vincefoster; vincent; vincentfoster
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1 posted on 12/02/2003 11:15:21 AM PST by MrFreedom
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To: MrFreedom
. The family does not want the pictures of the body released.

My guess is they've been threatened. They know it wasn't a joke.
Foster told his secritery if he doesn't make it back from his trip to flee the country. Investigators found her and interviewed her in Canada. She did what Foster told her. She ran for her life.

2 posted on 12/02/2003 11:20:13 AM PST by concerned about politics ( "Satire". It's Just "Satire.".......So it is.)
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To: concerned about politics
She ran for her life

I did not know That, Thanks

3 posted on 12/02/2003 11:23:14 AM PST by MrFreedom
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To: MrFreedom
OPPS. That was Brown. Foster was the one covered in carpet fibers. When the Feds went to check out his office, the carpet "had been removed for renovation" - Hillary's orders , - as well as his computer, but they managed to find that (He was suppose to have dinner with his wife that evening). She said she had "no idea" they'd want to look at his office (and she's a lawyer?)

I hope they get those photos. It could bring out a hornets nest.

4 posted on 12/02/2003 11:25:06 AM PST by concerned about politics ( "Satire". It's Just "Satire.".......So it is.)
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To: MrFreedom
Dale Earnhart was a celebrity, but a private citizen. Vince Foster was a government agent - a public servant - and as such should have a "diminished expectation of privacy" compared to private citizens.

Privacy aspects aside, the way Dale died is not disputed and there will likely be no forthcoming criminal charges brought upon release of his photos. But if the photos of Vince Foster differ in any material way from the way his death was represented, then criminal charges ranging from "lying on an official document" through murder can be contemplated.

Hence, the Dale's and Vince's cases are quite different.

5 posted on 12/02/2003 11:25:48 AM PST by coloradan (Hence, etc.)
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To: MrFreedom; AJFavish; doug from upland
Allan Favish, mentioned many times in the article, is a seasoned FReeper.

Courtesy ping to him and DFU.
6 posted on 12/02/2003 11:27:37 AM PST by IncPen ( I hope the Democrats keep listening to the Clintons. So far, it's been great for us.)
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To: MrFreedom
So what's this guy's screen name? Anybody know?
7 posted on 12/02/2003 11:30:29 AM PST by Prodigal Son
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To: MrFreedom
She ran for her life

I did not know That, Thanks

I'm sorry. That was Rob Brown. His plane went down on the way back from a Clinton/Enron deal. Clinton refused to send out a search party to find his plane. He said "I guess it will always have to remain a mystery."
A forest ranger found it. According to the ranger, he had a hole in his skull. Autopsy photos are "missing."
That's the funeral where Clinton was laughing until he saw the camera, and them suddenly burst into tears (video clip has been shown here quite a bit).

Sorry. There's so many dead, it's hard to keep track of them all.

8 posted on 12/02/2003 11:31:15 AM PST by concerned about politics ( "Satire". It's Just "Satire.".......So it is.)
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To: concerned about politics
Clinton refused to send out a search party to find his plane. He said "I guess it will always have to remain a mystery."

Huh? Brown's plane had something like 40 people on it, many of them top executives on a trade mission to Croatia. The plane was found fairly quickly, but everyone was dead, save for one survivor who somehow died on the way to the hospital of a severed femoral artery, or so I've read.

9 posted on 12/02/2003 11:33:21 AM PST by dirtboy (New Ben and Jerry's flavor - Howard Dean Swirl - no ice cream, just fruit at bottom)
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To: concerned about politics; Mia T
Foster told his secritery if he doesn't make it back from his trip to flee the country. Investigators found her and interviewed her in Canada. She did what Foster told her.
Unless you have access to new information, I don't believe that this is true.

I was part of the original private newsgroup with Hugh Sprunt (used to live near me), MiaT, Michael Rivero, and Allan Favish (as in "Lavish") that did so much of the investigatory work on Foster. I don't ever recall hearing this story. It was I who created the PDF file of Ken Starr's Foster report that was posted to the web within 24 hours of its release. Starr's office really didn't care to publicize the report, probably because it was so lame.


10 posted on 12/02/2003 11:34:04 AM PST by DallasMike
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To: IncPen
Allan Favish, mentioned many times in the article, is a seasoned FReeper.

Cool.

11 posted on 12/02/2003 11:34:26 AM PST by Prodigal Son
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To: coloradan
I was thinking the same thing. Public officials/government employees relinquish many of the privacy rights afforded private citizens. It's a price you pay. Consider the converse situation: What if I (a regular, obscure citizen) died and the press (or some interested individual) wanted pictures of my autopsy? They're public documents, why wouldn't they be subject to FOIA? Not only do public officials give up privacy, they have no claim to privelige.

One curious item in the article: Foster's wife claims he was depressed but afraid that taking medication (hardly taboo in the 1990s) would jeopardize his career. So his best alternative was eating a bullet? That certainly wouldn't help the old career, would it?

I have no idea whether Foster was murdered, but I know there are way too many mysteries surrounding his death. No one is suggesting plastering autopsy photos on billboards.
12 posted on 12/02/2003 11:35:33 AM PST by Mr. Bird
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To: DallasMike
BTW, many kudos for Allan, who has hung in there while most of us (including me) got burnt out on Foster. We lived, ate, and breathed Vince Foster for several years and Allan has really pushed this issue to amazing levels.

Allan may end up playing a significant role in American political history and I'm proud that he's a Freeper.

13 posted on 12/02/2003 11:37:54 AM PST by DallasMike
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To: dirtboy
Huh? Brown's plane had something like 40 people on it, many of them top executives on a trade mission to Croatia. The plane was found fairly quickly, but everyone was dead, save for one survivor who somehow died on the way to the hospital of a severed femoral artery, or so I've read.

Nope. Clinton refused to send out a party. He just brushed it off. Others took care of wondering where the plane went.
When it came to a lost Kennedy plane, it was a different story.
This came up during the Kennedy thread, I'm sure.

14 posted on 12/02/2003 11:38:51 AM PST by concerned about politics ( "Satire". It's Just "Satire.".......So it is.)
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To: DallasMike
Unless you have access to new information, I don't believe that this is true.

See post #4. Wrong murder. I was mixing up Foster and Brown. Sorry for the err.

15 posted on 12/02/2003 11:40:40 AM PST by concerned about politics ( "Satire". It's Just "Satire.".......So it is.)
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To: coloradan
And hence the photos will NOT be released.
16 posted on 12/02/2003 11:42:11 AM PST by expatpat
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To: concerned about politics
The clintonites got to her.! Her fear is probably for her children. There is also the discrepancy of her testimony about the gun. Chris Ruddy wrote the definitive book on his murder, and it points out many discrepancies in the case. His ties to Scaiffe, Made him an easy target for the clintonite's and the leftist press. I am still perplexed over Starr's flawed investigation.
17 posted on 12/02/2003 11:42:51 AM PST by woodyinscc
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To: MrFreedom
There was news awhile back that Mark Fuhrman was going to write a book about Vince Foster. Anybody know what became of that? Maybe he was scared off.
18 posted on 12/02/2003 11:42:53 AM PST by tippytoes
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To: MrFreedom
There's a difference between the Foster photos and the Earnhardt photos. Earnhardt was in private practice so to speak and not in public/government service. Freedom of information rights should not extend to the Earnhardt photos but should apply to Fosters.
19 posted on 12/02/2003 11:45:09 AM PST by 1Old Pro
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To: Mr. Bird
One curious item in the article: Foster's wife claims he was depressed but afraid that taking medication (hardly taboo in the 1990s) would jeopardize his career. So his best alternative was eating a bullet? That certainly wouldn't help the old career, would it?
Excellent point. Even more curious is that everyone denied that he was depressed for the first week or so after his death. Then, all of a sudden, everyone got on the bandwagon with the depression story. Foster had been prescribed Trazodone, primarily to aid in sleeping. It's an extremely mild antidepressant at normal dosages. If he had truly complained about depression the doctor should have given him a stronger antidepressant.

20 posted on 12/02/2003 11:45:20 AM PST by DallasMike
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