- Originally published by NewsMax.com on 6/22/2004 [here]
The Associated Press sued the Pentagon and the Air
Force on Tuesday, seeking access to all records of George W. Bush's
military service during the Vietnam War. Filed in federal court in New
York, where the AP is headquartered, the lawsuit seeks access to a copy
of Bush's microfilmed personnel file from the Texas State Library and
Archives Commission in Austin.
The White House says the government has already released all the
records of Bush's military service. Controversy surrounds Bush's time
in the Texas Air National Guard because it is unclear from the record
what duties he performed for the military when he was working on the
political campaign of a U.S. Senate candidate in Alabama.
There are questions as to whether the file provided to the news media
earlier this year is complete, says the lawsuit, adding that these
questions could possibly be answered by reviewing a copy of the
microfilm of Bush's personnel file in the Texas archives. The Air
National Guard of the United States, a federal entity, has control of
the microfilm, which should be disclosed in its entirety under the
Freedom of Information Act, the lawsuit says.
The White House has yet to respond to a request by the AP in April
asking the president to sign a written waiver of his right to keep
records of his military service confidential. Bush gave an oral waiver
in a TV appearance that preceded the White House's release this year of
materials concerning his National Guard service.
The government "did not expedite their response ... they did not
produce the file within the time required by law, and they will not now
estimate when the file might be produced or even confirm that an effort
has been initiated to retrieve a copy from the microfilm at the Texas
archives," the lawsuit says.
In the absence of any privacy objection by the president and in light
of the importance of the file's release in advance of the November
election, says the lawsuit, AP seeks a court order to compel the
release of records "that are being unlawfully withheld from the
public."
The released records were from the Texas Air National Guard at Camp
Mabry and the Defense Financing Accounting Service in Denver.
Under Texas law, a copy of military personnel files of those serving in
the Texas Air National Guard must be retained on microfilm at the Texas
archives.
The lawsuit says that no one has looked at any of the Texas Air
National Guard records maintained at the state archives since 1996.
Responding to AP's request, the Texas Air National Guard concluded that
Bush's file was a federal record under control of the U.S. Air National
Guard.
When the government did not produce the documents, AP appealed to the
Pentagon, saying that by law, the microfilm copy should have been
produced within 20 days. The Pentagon said it could not respond within
the legally required period.
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