-Caveat Lector-

>From Capitol Hill Blue

Bush Leagues
AP Sues for Access to Bush Military Records
By PETE YOST
Jun 23, 2004, 06:07

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.


© 2004 The Associated Press
© Copyright 2004 Capitol Hill Blue

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