University Of Delaware Continues Fight To Shield Biden Documents From Public Review

After a setback before the Delaware Supreme Court, the University of Delaware is continuing its dogged effort to prevent the public from seeing the senatorial papers of President Joe Biden. The continued litigation, at public cost, has been criticized as an effort to shield President Biden from potentially embarrassing material from being accessed by the media or public interest groups.

For a research institution, it is a curious role to prevent access to documents but clearly a role supported by President Biden and his family.

What is particularly troubling is the reason being claimed by the university.

We have previously discussed these documents and their potential significance to inquiries ranging from sexual harassment complaints to foreign dealings. The university insists that, so long as it does not use public funds for the maintenance of the Biden documents, it is immune from the Freedom of Information Act. By using private funds, it is arguing that it can keep the material locked away from public review.

A Superior Court decision held that the papers were not subject to FOIA based on dismissive and clearly inadequate filings by the university. The Delaware Supreme Court has now sent the matter back to the lower court for additional review. It has held that the university must still show that it is immune from public disclosure laws and must potentially conduct searches of its records requested by Judicial Watch and the Daily Caller News Foundation.

The Supreme Court specifically found the earlier representations of Jennifer M. Becnel-Guzzo, Esq., University FOIA Coordinator to be insufficient to carry the burden under the law. It also noted that it was not made under oath. Accordingly, 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.

Delaware’s Freedom of Information Act states that “’Public body,’ ‘public record’ and ‘meeting’ shall not include activities of the University of Delaware and Delaware State University, except that the Board of Trustees of both universities shall be ‘public bodies,’ university documents relating to the expenditure of public funds shall be “public records.”

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Author: HP McLovincraft

Seeker of rabbit holes. Pessimist. Libertine. Contrarian. Your huckleberry. Possibly true tales of sanity-blasting horror also known as abject reality. Prepare yourself. Veteran of a thousand psychic wars. I have seen the fnords. Deplatformed on Tumblr and Twitter.

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