Former Groom Lake operation workers pressing government for data

Warren Bates
Review-Journal

Former workers at the U.S. military's operating location near Groom Lake are trying to prod the government into providing edited versions of material that was sealed in their lawsuit against the government.

Jonathan Turley, the attorney representing the workers in the case, is alleging the government has not complied with repeated orders to provide a complete record of all proceedings.

The workers' case was dismissed earlier this year by U.S. District Judge Philip Pro and Turley is in the midst of preparing an appeal to the 9th U.S. Circuit Court of Appeals.

The workers contend the military has concealed illegal dumping of hazardous waste at the facility, situated 35 miles west of Alamo, and that they contracted injuries or disease as a result.

In March, Pro ruled a trial would pose a significant risk to national security. The judge also said because no information on the location was available to the workers, no controversy could be shown and a lawsuit could not be brought.

But the judge also entered orders that would require the government to turn over to the workers material related to the litigation, editing out information that would have national security ramifications.

That ruling came after KLAS-TV, Channel 8, filed a motion to unseal a transcript of a hearing in June 1995.

Turley alleges the government in recent months has missed two deadlines in turning over the material and that, when faced with a July 10 deadline, produced "obviously legally insufficient" information.

Turley said Monday the government has produced some of what was asked for but warned him about disclosing the content because it was under seal.

"I'm not at liberty to go beyond it," he said of specifics of motions he filed in federal court Monday.

In the motions, Turley charged government attorneys were doing their own editing in the name of national security. He argued the editing is not legal unless, as in the past, national security justifications are made by the Secretary of the Air Force, Sheila Widnall, or by President Clinton.

He said the appellate court has already granted him one extension on his appeal deadline and, because of the government's reticence in producing the documents, may grant a second.