CNS News - ACLJ says Release of Roberts Internal Documents Sets "Dangerous Precedent"

July 28, 2005
by Melanie Hunter, Senior Editor

(CNSNews.com) - A conservative civil liberties group is calling on the Bush administration not to release internal documents related to Supreme Court nominee John Roberts, saying it "would set a dangerous precedent" in order to satisfy those on a "fishing expedition" in the lead-up to the confirmation hearings.

Democrats on the Senate Judiciary Committee are asking for the documents relating to legal advice Roberts gave the solicitor general's office during President Bush's first term.

"The call to release these internal documents is outrageous and would set a dangerous precedent that violates the attorney-client privilege," said Jay Sekulow, chief counsel of the American Center for Law and Justice (ACLJ), in a statement. Sekulow is working to support the Roberts nomination.

"As an attorney who argues frequently before the Supreme Court, I find the idea that you would release internal documents very troubling and offensive," said Sekulow, who added that releasing the internal documents would "undermine the work of the government."

"When appropriate, the government's final legal position is made public through court proceedings. But private, internal discussions and deliberations should not be opened to political scrutiny and attack," he said.

"If the attorney-client privilege means anything, it means providing protections so government attorneys can examine all sides of a legal issue without the fear of political attacks," said Sekulow.