Dean not filing answer to lawsuit on sealed Vermont records

[Karmadillo]

It will be interesting to see if the media give Dean a free ride on this issue. Seems like a warrior against the status quo would be willing to let voters see all relevant information before they cast their vote.

http://www.heraldtribune.com/apps/pbcs.dll/article?AID=/20031223/NEWS/312230654/1017

EXETER, N.H. -- Democratic presidential candidate Howard Dean said Monday that he would not file an answer -- due in Washington County Superior Court in Vermont Tuesday -- to a lawsuit against him demanding that he unseal papers from his governorship, and instead would leave the matter to his friend, William Sorrell, the current attorney general in Vermont.

"We decided to take the campaign completely out of this," Dean said after a Town Hall meeting in Exeter.

Asked whether he would challenge a request that the case be expedited on the court docket, Dean said, "We have just completely pulled ourselves out of this. Whatever Sorrell wants to do, he can."

Dean appointed Sorrell to the post.

Dean's rivals pounced on his refusal to file an answer, saying Dean was wrongly placing responsibility for the records' release on the attorney general.

"There's one person who can open these records to public inspection, and that's Howard Dean," said Stephanie Cutter, a spokeswoman for Senator John F. Kerry of Massachusetts. "Dean says voters have the power. If Dean really means what he says, he should trust voters with the information in those 145 boxes."

more...

[SheilaT]

1. Can I assume that

George W Bush's records from his time as Governor of Texas are fully open to all? How about George H W Bush's records as President?

Why does this silliness about those records feel like a desperate attempt on someone's part (and for the life of me I cannot figure out who would benefit) to find something to embarrass Dean.

[Saudade]

2. ANswer

"George W Bush's records from his time as Governor of Texas are fully open to all? How about George H W Bush's records as President?"

Bush ought not to be the standard by which the democratic presidential candidate is judged, especially one who says he wants to replace not only the incumbent but change the system altogether.

"Why does this silliness about those records feel like a desperate attempt on someone's part (and for the life of me I cannot figure out who would benefit) to find something to embarrass Dean."

It doesn't feel like that. It feels and looks like someone who, if he didn't have something to hide, would release his records.

[eileen from OH]

3. Correct me if I'm wrong. . .

(and I'm sure someone will, ha!) but I know I read somewhere that, in fact, Dean COULDN'T just say "open 'em up" that because it was done through governmental action, governmental action was needed to open 'em. And since he isn't part of the VT government anymore, he couldn't do anything, pro-actively.

Seems to me that the point is that by not writing an answer, he basically says "do with 'em what you will".

Personally, I hope they do and what's there is there. But I also hope that someone (like the media, ha again) takes a closer look at ol' W's supposedly "open" (ha, one more time) records.

eileen from OH

[Raya]

17. I believe you are wrong. Dean can personally release docs

[Rose Siding]

4. By not answering, he isn't fighting to keep them sealed

He is willing to let the judge deterime what to release- he isn't fighting it so that will happen- he's said that if the judge does it, on one can claim there was any political reason for what to release.

[NashVegas]

12. I Think That's Pretty Smart

It leaves his campaign free to focus on moving forward, and not stopping to put out fires.

[StClone]

5. Let us have equity

When Bush allows full access to his records.

The Dean records flap is a sideshow for his detractors to juggle and bandy for pure politics trying to make him a political freak.

Dean's records are currently in front of a judge. The judge will decide which records are BY LAW can be made public.

[LuminousX]

6. Even if he hadn't locked them for 10 years

his predecessors were able to lock them for four to six years. One would assume he could claim the same. All this is about is oppositions campaigns hoping to go on fishing expeditions.

[KittyWampus]

7. Dean Will Not Be Able To Bring Up Cheney/Enron Energy Meetings

Dean himself has sealed papers not available to the public... and he lied about WHY they were sealed.

Dean will not be able to bring up Enron because Dean himself gave tax breaks to Enron in Vermont.

Dean is such a weak candidate that it's almost impossible not to weep at the prospect of him getting the nomination.

Hopefully, once Clark starts spending money for name recognition which the Media has bestowed upon Dean for nothing... things will start to improve.

[virtualobserver]

11. I am so tired of this "lying" talk

did Clark lie when he said he would have voted for IWR, or did he lie when he said that he never would have?

A damned important issue, in my opinion.

Until you can answer that question, your use of the word "lie" is offensive to me.

[eileen from OH]

19. Amen, Amen, AMEN

I too am very sick of the word "lying" being tossed around. It IS offensive and it diminishes the meaning of the word when it gets used for everything from simple mistakes, to misstatements, for long-ago forgotten comments, to things taken out of context, etc., etc., etc., There ain't a person in this campaign, there ain't a person in this WORLD, who couldn't have things tossed back to them that they said that subsequently proved false.

Save the word LIAR for the people that got us into this goddam mess in Iraq and are screwing our country over every day they are in power.

eileen from OH

[artr2]

8. You people are really something

Dean says I will not file a response, you do with them what you want and lets a judge rule. Too bad the other campaigns can't fight the real enemy bush as hard as they are fighting Howard Dean. Desperation rears it ugly head again

[BigMcLargehuge]

9. Hasn't he answered this enough yet?

they are locked to protect the privacy of Vermonters.

[artr2]

10. That doesn't matter, Big

the other campaigns are in trouble and rather than using the time tested ideas of putting your ideas out there and letting the voters decide, they are following the republican modis operandi of character assisnation but one little problem. Howard, while not perfect, has verry little in his past that they can use, so they have to go fishing. And when this blows up in their face, they will just go to the next mud pie because thats all they have

edit spelling

[TorchTheWitch]

16. well, no

Hasn't he answered this enough yet? they are locked to protect the privacy of Vermonters.

That was one of his excuses. The latest one as reported by Trippi on "This Week" on ABC last Sunday. This lastest reason is that it's for the protection of future VT governors. The "protect the privacy of Vermonters" excuse didn't pan out since many of the records he didn't seal already refuted that excuse.

http://news.bostonherald.com/national/national.bg?articleid=117
<snip>
Also readily available are letters written to and from Dean detailing personal struggles and medical conditions of his constituents.

They include correspondence with a couple about the care of their daughter with Down syndrome and Alzheimer's and a couple who detailed to Dean the medication they take.

Also made public: a 1991 letter to Sheri Arpin of St. Albans, who wrote Dean looking for help with her depression.

Arpin said she was shocked the letter was released, given Dean's claims that he's protecting those who wrote to him. "I figured he read it, sent it through the shredding machine or in a personal file," she said yesterday. "I wish he had. That was a time when I was extremely ill."
<end snip>

Both Dean and his attorney who helped to seal the records are on record as saying that the reason for having them sealed was because of information that could be damaging to the Dean campaign and/or to a Dean presidency.

Read the lawsuit:
http://www.judicialwatch.org/cases/107/deancomp.htm

[Patriot_Spear]

13. Dean detractors stymied again- lol

Looks like Howard has outfoxed those trying to slow down his campaign again- good for Dean!

[windansea]

14. master of duplicity

first Dean admits he sealed his records to prevent political opponents from using them against him

then he says it's to protect privacy

then he says I'll show mine if Bush will

then he says it's in the courts hands due to lawsuit

now this

I think he should have stuck with reason number one...

[MGKrebs]

15. Are all of Kerry's records open to the public?

Clark's?

[Lefta Dissenter]

18. Clark's, YES

The only records of his that have not been released, faxed to reporters and posted on his website are the records from when he was a three- or four-star general. Those are, by law, sealed, and are the property of the U.S. Government. As I've said before, you can bet your sweet bippy that if anything at all negative against Clark were in those files, it would have been 'leaked' well before now.

But, just to reiterate, Clark has released ALL records (performance reviews, etc.) that he has legal control over.

I would love to see all the rest of the candidates do the same.

Edited to add: I really wish Dean would have skipped over the "When Bush releases his, I'll release mine" defense. I just HATE the thought of a Dem. candidate sinking to the same depths from which bush operates. We're supposed to be putting forth a candidate who is BETTER than what we have, not someone who plays just as dirty.

[AP]

24. will all of Dean's be public if these are released? No. Which Kerry record

do you want to see?

Ask for it and see what Kerry does.

If Kerry did a deal with Enron as Senator and doesn't want to release the records I wouldn't want to vote for Kerry.

[Scott Lee]

20. Dean opponents clearly hate the 4th amendment

and privacy rights.

So for those that would argue this, what would you suggest to "unseal" Dean's records while protecting the privacy rights of his past patients?

Follow up: How can we provide the right grief counseling if you don't find the dirt you're looking for?

[windansea]

21. really??

That's not the issue. The issue is that the reason that Dean sealed the records by invoking executive privilege is invalid according to Vermont law.

http://www.judicialwatch.org/cases/107/deancomp.htm
<snip>
This action seeks Defendants' compliance with the Vermont Access to Public Records Act, 1 V.S.A. §§ 315 to 320. Defendants have steadfastly refused to disclose hundreds of thousands of pages of public records and papers of former Vermont Governor and current United States presidential candidate, Dr. Howard Dean, based solely on an unsupported, blanket claim of "executive privilege" as memorialized in a "Memorandum of Understanding" that Dr. Dean negotiated with the other Defendants. However, some five months before officially announcing his candidacy for president, Dr. Dean acknowledged (on Vermont Public Radio) that this secrecy is motivated by "future political considerations" and the desire to prevent "anything embarrassing appearing in the papers at a critical time in any future endeavor." This is not a legitimate basis for refusing to release public documents.

[Scott Lee]

25. Yes, I saw the post you cut and pasted from another participant...

but that fails to answer the question - are you in favor of violating the privacy of Dean's past patients? Simple question really, yes or no?

[batman]

22. perhaps hes distracted running for president

.

[AP]

23. even if law allows seal to remain, Dean should waive privilege...

...and he shouldn't be wasting the courts time.

Also, I'd like to know who files amicus briefs in this case and who appointed the judge.

[Scott Lee]

26. Even if it means violating the privacy of Dean's patients?

I can't seem to wring an answer out of a Dean opponent on this question....for some odd reason....

[killbotfactory]

27. Maybe there's a good reason some of those records are sealed...

... just maybe...

[Myra]

28. I think it's pretty clear he'll get a free ride on this, & all issues

Until after the Dem convention.
Then if he's the Dem candidate they'll attack non-stop.
They don't want to use up their attack fodder prematurely.