Congress exempts itself from the Freedom of Information Act. Judicial Watch, therefore, brought its lawsuit under the common law right of access to public records. In opposing the broad assertion of secrecy, Judicial Watch details Supreme Court and other precedent that upholds the public’s right to know what “their government is up to:”
“In ‘the courts of this country’— including the federal courts—the common law bestows upon the public a right of access to public records and documents” … “the Supreme Court was unequivocal in stating that there is a federal common law right of access ‘to inspect and copy public records and documents.’” … “[T]he general rule is that all three branches of government, legislative, executive, and judicial, are subject to the common law right.” The right of access is “a precious common law right . . . that predates the Constitution itself.”
The Court of Appeals for this circuit has recognized that “openness in government has always been thought crucial to ensuring that the people remain in control of their government….” “Neither our elected nor our appointed representatives may abridge the free flow of information simply to protect their own activities from public scrutiny. An official policy of secrecy must be supported by some legitimate justification that serves the interest of the public office.”
“The Pelosi Congress (and its police department) is telling a federal court it is immune from all transparency under law and is trying to hide every second of its January 6 videos and countless emails,” stated Judicial Watch President Tom Fitton. “The hypocrisy is rich, as this is the same Congress that is trying to jail witnesses who, citing privileges, object to providing documents to the Pelosi rump January 6 committee.”
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