It was another disappointing week for those who want a complete picture of Supreme Court nominee John Roberts. On Monday, the Reagan Presidential Library released 5,300 pages relating to Roberts’s service as a lawyer in the Reagan administration, but withheld 478. Just today, the Reagan Library (along with the National Archives) released an additional 38,000 pages of documents, but withheld nearly 2,000 more.
It’s a bit difficult to understand why. In both cases, the claim was that the documents fall under exemptions to the federal Freedom of Information Act. But it’s rarely explained which exemptions are used: of the original 478 pages withheld, 459 were said to fall under privacy exemptions (specifically, sections 6 and 7C). And while it’s hard to find a breakdown of the FOIA exemptions cited for the documents withheld today, we do know that privacy exemptions played a part.
But the administration has stated over and over and over again that John Roberts is a man who keeps his private life separate from his public roles: because he’s such a lawyer’s lawyer, they say, we shouldn’t think that his public actions give us insight into his private life. Scott McLellan summed it up best, when asked about the Roberts memos: “I think there’s a distinction between advocating on behalf of a client and someone’s personal views.â€
But if Roberts is so good at separating public and private, why are we expected to believe that releasing these documents would violate his personal privacy? (Senator Leahy has expressed similar skepticism on this point.) Given what they’ve said, administration officials owe us an explanation of why, specifically, these documents deserve the privacy exemption.

Nothing personal, but I don’t think the WH cares much what you guys have to say about this…
August 18th, 2005 at 10:54 amI think the exemption is designed to protect other people’s privacy, not Roberts’.
August 18th, 2005 at 11:04 amHey bigman,
August 18th, 2005 at 11:18 amJust in case you haven’t been on planet earth over the last five years, here’s some late breaking news. The WH doesn’t care what ANYBODY has to say about ANYTHING.
#2, Maybe in part, but not primarily. Exception 6 specifically refers to “personnel and medical files,” and it’a hard to believe Roberts’s medical file is 2000 pages long…
August 18th, 2005 at 11:19 amBLUR, STALL, RAM.
August 18th, 2005 at 11:51 amI don’t remember Republicans going ape sh*t over Ginsburg or Breyer “documents.” Just vote against the guy if you suspect he’s conservative. Here’s a hint - he probably is.
I actually am starting to think Democrats have a shot at gaining in next year mid-terms. However, a nasty public battle over a Court nominee will damage their chances. They risk alienating moderates with a no holds barred approach. I actually am hoping they do smear Roberts so we can choke them with it.
August 18th, 2005 at 12:15 pmWhat could be in Roberts files? Let me see:
He helped dumbya the smarter in the Iran contra scandal.
He went to Florida and advised dumbya’s brother as how to STOP the recount. (that alone warrants a lifetime job.)
He is a religious zealot.
He snarks at anyone of color.
He is against equal pay for men and women.
He has ties to the klan and their spin off groups that promote hatred and intolerance.
the list is just too long.
My guess is that if we see anything that represents a pattern in his thinking, despite the rumors of his good deeds, he may have a tough time being confirmed.
August 18th, 2005 at 12:26 pmKJ Lovell - I pray that Democrats use that type of invective at the hearings. I am worried they won’t.
People need to see the left wing fascism on full display.
August 18th, 2005 at 12:37 pmNED - you’re confused — you really meant that the right-wing-nuts in charge today are the fascists, right? I know you know that because if you ever read anaything about fascism, you would see that all the groundwork is being carefully laid by this administration.
August 18th, 2005 at 12:43 pm#8
left wing fascism? that anything like right wing christo-communism? I suspect the only dilemma with this poster is which end the shite will dribble out of next…
August 18th, 2005 at 12:44 pmMarie - get with the program. The left is the one who refuses to let anyone on the Court who does not think like them. Step outside the box for a minute.
August 18th, 2005 at 12:54 pm#10 - please use that invective at Roberts confirmation hearing. Please!!!
The country is bleeding red on the Courts and I will gladly blundgeon red state Dems with any invective that is used against John Roberts.
August 18th, 2005 at 12:58 pmI hope the left keeps up this frantic effort to expose something - ANYTHING - that will derail the Roberts nomination. This is what Democrats do best: open mouth, insert hoof. Red state voters (you know, those ordinary folks who actually decide elections) see this hysterical behavior for what it is, and are not impressed. More tinfoil hats, anyone? How ’bout a map through the fever swamp?
August 18th, 2005 at 1:21 pmNED, are you saying Ronald Reagan didn’t get any nominations confirmed? And Clinton’s nominations all sailed through regardless of their ideology?
BS Red, it’s real hard not to feel superior when those “ordinary americans” keep insisting that things are going great in Iraq and an $8 trillion debt is nothing to worry about. Yeah, they look at $400 billion yearly deficits and aren’t impressed. They probably aren’t impressed with their own credit card bills for all I know. That doesn’t mean it won’t bite them (and their children) in the ass later.
August 18th, 2005 at 1:31 pmre# 12
There you have it. Shite dribbling out of both ends. As for bludgeoning, the proverbial blunt object (your wit, in this instance), should be worth a few laughs. Pray continue.
re #13
We are in agreement, then. It is the red state folks who are to blame for the decline of our once-great country. Kindly remove your Neocon selves post haste, and take the Democrats along as you go; we have a country to rebuild and a damn long way to get there.
August 18th, 2005 at 1:40 pm“It is the red state folks who are to blame for the decline of our once-great country.”
Thanks, you made my point. I’m going to put that on a bumper sticker and plaster it all over red state America.
August 18th, 2005 at 1:46 pmin #16 Blue State Red sez
“Thanks, you made my point. I’m going to put that on a bumper sticker and plaster it all over red state America.”
yeah, but how good is it gonna look on your 1978 Pinto?
August 18th, 2005 at 1:54 pmOnce again you miss the point while making it. It doesn’t matter what I drive. It matters how many red state voters will see it and be offended by your arrogance. It should make quite an impact don’t you think? Very pithy, as O’Reilly would say.
By the way, I intend to quote you with full attribution
August 18th, 2005 at 2:01 pm#17 - thanks for your help. How could Republicans ever win without morons like yourself helping?
August 18th, 2005 at 2:10 pm“By the way, I intend to quote you with full attribution”
Oh no! Because quotes from random and largely anonymous blog comments that are taken and turned into bumper stickers really have a HUGE impact on national politics.
Please, BSR, stop. I fear your wrath.
August 18th, 2005 at 2:19 pm#19
Yowza! What a snappy comeback! No wonder your masters are in such bad shape, you coprophagic little puppy.
August 18th, 2005 at 2:25 pmI see the point perfectly: it’s on the top of your head. And red state voters are themselves an offence; put that on a bumper sticker. Hell, I’ll go you one better. Anyone who voted rep or dem in ‘04 is an offence. Put that on a bumper sticker, if you like.
August 18th, 2005 at 2:31 pmWasn’t that a Star Trek movie? BSR: the Wrath of Con.
August 18th, 2005 at 2:44 pm“It is the red state folks who are to blame for the decline of our once-great country.â€
Just the ones who consider themselves “the right” and Bush supporters.
August 18th, 2005 at 6:37 pmWe’ve got some of the same assholes in Blue states
August 18th, 2005 at 6:37 pmBTK killer was an active member of his church, in law enforcement, and a conservative Republican. He is just like the rest of them, but more honest.
August 18th, 2005 at 6:40 pmGeorge Wallace was shot at for being a racist. I wonder if Roberts will end up in his position. Paralyzed.
Its not like judges are protected these days. How many killings have taken place in court houses lately?
How about Lefkow, that was tragic.
August 18th, 2005 at 8:48 pmWELL, I see North eastern dimentia is making
August 19th, 2005 at 12:23 amGOOD USE OF THAT “WORD OF THE DAY” TOILET PAPER!
thanks for your help. How could Republicans ever win without morons like yourself helping?
Comment by The Northeast Dilemma — August 18, 2005
I’LL TELL YOU, THEY STEAL ELECTIONS. DO YOU THINK HE REALLY REALLY WON…
Poor stupid fool. Does your bank account REALLY LOOK LIKE A TRUE REPUGnican? Or are you just a wanna-bee?
August 19th, 2005 at 12:24 amBTK was also a boy scout troop leader.
August 19th, 2005 at 12:27 amSo far, the only thing paralyzed on roberts is his mind.
August 19th, 2005 at 12:28 amAnd it seems to be catching in the north east….
August 19th, 2005 at 12:29 amWELL, I see North eastern dimentia is making
August 19th, 2005 at 12:29 amGOOD USE OF THAT “WORD OF THE DAY†TOILET PAPER!
busy, busy day in the pooper.
August 19th, 2005 at 12:29 amOn topic.
August 19th, 2005 at 12:34 amI think the Roberts issue that affects every person in the USA will be the Hamdan decision.
We are all to blame for the ails of this country. The Rep. right hung up on false moralistic superiority complexes and the Dem. left always willing to take the opposite side no matter how stupid. The bottom line is that our politicians do not represent the publics best interest only their own. That might explain the special interest groups and huge corporate interests swaying their vote more than the voters. It is starting to get really scary when the current administration can spin lies to explain away ineptitude or just pure arrograce with regards to our way of life being the only “good” way of life. Just because I like this way of life doesn’t mean others do or that it is in my best interest that they do. Take a look around…we have huge corporations that put a $$ on life when they choose profits over consumer safety, we get involved in wars with people we used to support for reasons unknown. None of the reasons we were given pan out so they just change the tag line from the War On Terror to something else. As far as this discussion about Roberts… why is anobody surpised that information is being withheld and an individuals character is being attacked because he is assumed to be from the “other” side. I believe both sides have attacked his past positions on a variety of things. If we don’t get it together as a country we are just going to stumble down that same path that all empires have just faster than most of them did.
August 20th, 2005 at 1:25 pm… what are “secret”/sensitive papers doing in a library in the first place ?????
Would it not be better not to release said papers from govt vaults/offices/agencies in the first place?
… so when we need to look at them we look in a place that “works” for us and “owes” us those papers …
The very least that the public is entitled to know is that the “watchers” -i.e. censors- are being watched properly …
What is going to happen with all that secrecy -getting worse all the time as our officials are also getting worse- is that we will never be able to afford all the bottles of “black-out” that will be needed to censor the bush presidency’s papers …
Can you imagine anything that could ever be completely told about anything that lying thief has ever done?!?!?
The only things readable -if that- will be articles and conjunctions .. possibly a few adverbs …. and maybe some puctuation … what we will get is a big black report …. in fact it might be cheaper to print a few words in white paint on black sheets of paper .. still, some real imbeciles will buy it …
August 20th, 2005 at 3:02 pmWow! Here I thought all the loonies were over at The Nation and MoveOn. Keep this up until next fall and Republicans will certainly increase their lead. Funny how they hold the Presidency, the majority in both the House and Senate as well as a majority of the Governorships yet you silly posters still claim Republicans are radical and extremist. A simple perusal of any dictionary will show you that the majority, by definition, can’t be the extreme. That’s right. Liberals are a shrinking minority once again after a 30 year reign and we, the majority, are relieved to see you vanish. Although you did some good you did even more harm. Your bitter rants only speed your diminishment just as your insults and slanders cost you more elections. Bye.
August 26th, 2005 at 2:57 amTo: TheRef
August 27th, 2005 at 12:19 pmHaving the majority of both houses and many governorships doesn’t make you the majority. Unfortunately for you, you have squandered all that power that you do have, and your narrow minded extreme right beliefs are what is bringing you down. I am an Independent and have voted for several Rebulican Presidents and support my Republican Senators. I am from Arizona. The reason the Democrats have lost the power is for the same reason you will. A squandering of your opportunity by your leaders. This is not a game. When our leaders lie to us, patrionize us by giving us false issues to fight over to take the focus off of what the real deal is causes harm that we can only guess at. Whoever finally decides to represent the voters best interest and not their own or some company they have or are going to have a realtionship with will win. Look what almost happened in the Republican stonghold of Ohio just recently. The Democratic candidate who lost, barely lost, told it like it is and was. It is my belief that if he had been just a tad less verbally abusive he would have won. If that isn’t a wake up call then you can continue your elitist rantings which nobody really believes. Not even you I would venture. Think about it.
Mark my words, we’ll miss Scott McFelon.
April 22nd, 2006 at 12:04 am