The watchdog group Judicial Watch is continuing a nearly two year old pursuit to obtain US Senate records of Joe Biden housed at the University of Delaware.
Judicial Watch is appealing a court decision that allowed the records to be kept secret.
Bidenโs papers include more than 1,850 boxes of archival records from his 36-year Senate career.
In April of 2020, the university denied a Judicial Watch and the Daily Caller News Foundation request for all of Bidenโs Senate records, and for records about the preservation and any proposed release of the records, including communications with Biden or his representatives.
In July of 2020, Judicial Watch and the Daily Caller News Foundationย filedย a Delaware Freedom of Information Act (FOIA) for the records.
In October of 2022, a Superior Court ruled that the university had met its burden of performing an adequate search for the requested records.
The Opinion should be reversed. The Supplemented Affidavit is nothing more than a document filled with stale hearsay and vague [assertions without proof] which at best shows that the University did not engage in a diligent effort, as required by law, to review Appellantsโ Requests. Appellants identified the deficiencies and asked to vet the assertions themselves. The Superior Court, however, simply granted the University 'do overs.' Even after multiple attempts, the University has still not carried its burden to prove that the requested records are not subject to FOIA... Despite two attempts on remand, the University still has not satisfied its burden to create a record from which the Superior Court can determine whether the University performed an adequate search for responsive documents.
Judicial Watch brief
Judicialย Watch and the Daily Caller News Foundation are asking the Delaware Supreme Court to overturn the lower courtโs ruling and allow the appellants limited discovery โto include at [a] minimum, a deposition of a representative of the University and production of documents โฆ Alternatively, the Court should remand this case with instructions to order the turnover of the requested documents since the University has had more than adequate opportunity to satisfy its burden.โ
โThe University of Delaware has been sitting on Bidenโs Senate records for more than 10 years and is desperate to avoid any scrutiny of its secret deal with Biden to hide these records,โ said Judicial Watch President Tom Fitton. โThe latest revelations about Bidenโs handling of โclassifiedโ records raise even more questions about what Biden is hiding.โ
โOn day one, the White House said President Biden was committed to bringing โtransparency and truth back to government.โ Apparently, the University of Delaware didnโt get the memo,โ Daily Caller News Foundation Managing Editor Michael Bastasch. โItโs shocking theyโve spent years fighting to keep these records hidden from the American people. Hopefully, the Delaware Supreme Court ends the Universityโs stonewalling.โย
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