What’s the big deal with these papers? And aren’t they a matter of public record?
The College Fix reports:
Court orders U. Delaware to explain its refusal to release Biden’s senate papersAfter a trip to the Delaware Supreme Court, the University of Delaware has until July 22 to prove that its vast collection of then-U.S. Senator Joe Biden’s papers are immune from a Freedom of Information Act request made by Judicial Watch and the Daily Caller News Foundation.Delaware Superior Court Judge Mary Johnston ordered the university to submit evidence that archives Biden gave the school in 2012 are not subject to a public records request and consequently public access.The order came after the Delaware Supreme Court overturned a previous Superior Court decision that held that the papers were not subject to FOIA and therefore not open to public access.In a recent email to The College Fix, Judicial Watch President Tom Fitton said there is “significant public interest in the materials.”“In my experience, politicians hide documents because they have something to hide,” he said.Judicial Watch, a conservative government watchdog group, reportedly sought access to 1,850 boxes of material plus electronic files, visitor logs, communication with the Biden staff, and the gift agreement itself.After losing in the Delaware Superior Court, the plaintiffs appealed and now seek only the inter-staff communication and gift agreement requests, a move to have the best chance of success in court.“Unless it is clear on the face of the request that the demanded records are not subject to FOIA, the public body must search for responsive records. A description of the search and the outcome of the search must be reflected through statements made under oath, such as statements in an affidavit, in order for the public body to satisfy its burden of proof,” the Supreme Court ruling stated.“… On remand, the University bears the burden to create a record from which the Superior Court can determine whether the University performed an adequate search for responsive documents.”Delaware’s Freedom of Information Act requires that “university documents relating to the expenditure of public funds shall be ‘public records,’” according to the University of Delaware’s own website.Judicial Watch originally made the request in April 2020, labeling it the “fight for Joe Biden’s senate records.”
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