Associated Press Lawyer: It's 'Curious' We've Had to Sue for Bush Records

• Originally published on 6/24/2004 by Editor & Publisher.com [here]
  

By Joe Strupp

The Associated Press has sued the Pentagon and Air Force, seeking access to all records of President George W. Bush's military service, but the news agency wonders why it has come to this. "It seems a little curious because the president made a pretty forceful presentation that he had nothing to hide," said AP General Counsel Dave Tomlin, when asked for his reaction to what the AP considers government stonewalling. "But we are not surprised."

Tomlin told E&P the lawsuit is needed to get access to a portion of Bush's record that may offer more information than the paper files previously released. "The paper file may not be everything," he said. "It has been there a long while, it could conceivably be tampered with."

Because the microfilm record has been in storage and "it can't be altered, that access to the microfilm would settle the matter," Tomlin added.

When asked why a lawsuit was needed, he said, "the administrative efforts we've made just aren't getting traction."

Tomlin said he did not expect White House officials to "rush right over with the information," after the lawsuit was filed, but expected a proper response. "It is important to get this; we'd like to see priority handling on it."

The suit, filed in federal court in New York on Tuesday, seeks access to a copy of Bush's microfilmed personnel file from the Texas State Library and Archives Commission in Austin. The White House has said it has already released all records of Bush's military service.

The Air National Guard has control of the microfilm, which should be disclosed under the Freedom of Information Act, the lawsuit claims. AP says the records "are being unlawfully withheld from the public." The lawsuit adds that no one has looked at any of the Bush military records at the state archives since 1996