Court upholds request to restrict Clinton pardon data
Uproar over number of last-minute pardons
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Clinton approved 177 pardons on his last day in office.
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WASHINGTON (AP) -- A federal judge handed the Justice Department a victory this week by upholding the Bush administration's request to keep secret documents about pardons President Clinton considered during his final days in office.
In a 14-page ruling, U.S. District Judge Gladys Kessler said the "presidential communications privilege" invoked by President Bush's lawyers should be preserved to allow aides to give their most candid advice in confidence.
"The presidential communications privilege serves as a vitally important protection for the institution," she said.
Larry Klayman of Judicial Watch said his group will appeal the ruling, which he said was politically motivated to protect Bush from having to release sensitive documents after he leaves office.
"Each administration knows that if they set a precedent they're going to have to live by the precedent," Klayman said.
Clinton triggered an uproar when he approved 177 pardons on his last day in office, including one to fugitive Marc Rich.
Judicial Watch last year sued for documents related to pardons or commutations considered or granted by Clinton. The documents would address, among other controversies, the behind-the-scenes deliberations on the pardon Clinton granted Rich and the lobbying by brother Roger Clinton on behalf of other pardon applicants.
Chilling effect
The Bush White House has argued that such a release would have a chilling effect on the deliberative process.
The Freedom of Information Act permits a "presidential communications privilege" that exempts from disclosure rules certain memos and other records circulated between a president and his advisers within the White House. The Justice department has concluded that the documents sought by Judicial Watch are protected under Freedom of Information laws.
In response to the Judicial Watch lawsuit, the Justice Department withheld more than 4,340 pages under the presidential privilege doctrine and 524 pages as an unwarranted invasion of privacy.
Kessler agreed, granting the government's motion to dismiss the lawsuit without further hearings.
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