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November 10, 2009

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Editorial: Secrecy is the victor; public is the loser

Friday, Dec. 13, 2002 | 9:03 a.m.

Earlier this week a federal judge in Washington ruled that Congress' investigative arm -- the General Accounting Office -- can't compel Vice President Dick Cheney to provide it with energy policy documents. Nevadans were interested in the case, especially since the nuclear power industry played a large role in setting the administration's policy to advocate the burial of nuclear waste in Nevada. The GAO has yet to decide whether to appeal the decision, but we hope it does ask a higher court to review the decision, which is a terrible setback for open government.

U.S. District Judge John Bates, who was appointed by President Bush, didn't deal with the broader merits of the case, instead narrowly ruling that the General Accounting Office didn't have legal standing to file the lawsuit. That view also is troubling. If the GAO can't compel federal agencies to turn over records, it would weaken Congress' oversight of the executive branch.

The Bush administration is enthralled with secrecy, and we worry that the White House's legal victory in this case will lead to an ever greater clampdown on government records and other information the public has a right to know about.

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