Posted on 05/08/2004 9:26:25 AM PDT by truthandlife
A federal appeals court removed one barrier to release of some internal records about controversial Clinton administration pardons Friday, but the documents will remain secret for now.
A panel of the Circuit Court of Appeals for the District of Columbia voted 2-1 that the White House can't claim Justice Department records are covered by a special exemption from the Freedom of Information Act reserved for "presidential communications."
In a partial victory for the government accountability organization Judicial Watch, the appeals court sent that part of the case back to a lower federal judge to consider whether the White House can still refuse to release the records on other grounds.
Judicial Watch sued in 2001 to see the ordinarily private records compiled by the lawyers and others who choose which convicts or prisoners will receive presidential pardons or clemency.
Former President Bill Clinton caused an uproar when he approved 177 pardons on his last day in office. Judicial Watch wants documents that would address, among other controversies, the behind-the-scenes deliberations on the pardon granted to fugitive financier Marc Rich and the lobbying by Clinton's brother Roger on behalf of other pardon applicants.
The Bush White House has argued that such a release would have a chilling effect on internal discussions leading up to a pardon.
In response to the Judicial Watch lawsuit, the Justice Department withheld more than 4,340 pages under the presidential privilege doctrine and 524 pages as an unwarranted invasion of privacy.
The appeals judges ruled against Judicial Watch on the privacy portion of the case. The court said the White House can refuse to release some pardon records that reveal personal information about people who are still alive.
There would be less room for adult videos and "marital aids".
Leni
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